Newspaper Page Text
\vho belonged u toe scout is still living in this
place, anil gives, as I learn, the above account
of the transaction. Ho assisted to bury Miss
McCrca at the foot of the tree where she fell.
Scrr.e years ago her remains were taken up and
interred in the burial ground at Fort Edward.—
Lieutenant Jones, soon after hearing ot the dis
ruitor, abandoned the army and returned to Can
si ita.
Punishment in China. —Perhaps the most
dread ill punishments are inflicted upon criminals
in the “Celestial Empire,” and crimes are pro
bahly hoc omniitted more frequently than in
any otl:or country.
i or the murder of a parent or near relative,
or fur rebelhon, the prisoner is made to undergo
a punishment called Luig-elie, which isperfoim
cd by cutting him to pieces, by degrees, com
mencing at the set or hands. In case he has
anv relative who ca: bribe the executioner, the
toi lure may be abridged, and his sufleringseased
by pier mg tne iieart; at times this may be ,one
for a sum:! sum.—Another punishment for the
same often e is the tolluwiug—
The C iprit is fastened with his back to a
large cross, placed in the ground with his hands
ana set l so tied that he cannot move an inch in
any dim >io:i. An incision is then made across
the so e ead, and the skin pulled down over the
eyes ami tiice; then the feel, hands, legs, arms
find head, are successively cut otflrom the trunk
which is finally pierced to the heart—Behead
ing is a punishment for adultery, murder, &c.
The prisoner is made to kneel (in some public
place, but not exposed on a scaffold,) towards
the throne ofthe ‘-Son of Heaven,” and as if re
turning thanks for the punishment about to l>
received; he bows, and while raising m head,
it is struck otf by one blow ol th • \vord; the
bea . is then put into a . age, sent to the place
where the crime was c mmitted.and hung at the
end of a pole or agains; a wall. The men em
ployed in this service are very expert and strong,
und go to their work with as much composure
as a butcher to the slaughter. Prisoners are
often after being confined in gaol, let loose and
bianded on the forehead witu a hot iron, so that
they will be known wherever they go. For
stealing, the perpetrator of the i line is dragged
through the streets by a party o. soldiers, who
alternately lash him with a thr- mg made of plai
ted rattans on the bare back, and beat a large
gong to give the people notice that they may
witness the punishment. In some cases the
knees and ankles are compressed in Iron ma
chines made for the purpose; this is extremely
.pauikil. l'here is no punishment more common
-or unmercifully executed than tnat of whipping.
Smuggling saltpeter into the country, irom
■which powder may be manufactured, is punish
ed by decapitation. Strangling is also a very
common punishment. The criminal is tied to
a strong upright stake, with his hands and feet
fastene ; a stout cord is then putround his neck,
and passed through a hole pierced in the stake.
A stick of about i 1-2 inch in diameter is attach
ed to tue cord, and the executioner sta ding be
hind, wrenches n round. The eyes soon start
from their sockets, and he tongue is seen issu
xig from the mouth which foams and bleeds
excessively; finally the neck is cut through by
the cord and the ro ad falls to the ground. No
cap or covering of any kind is placed over the
face during the execution.
The following crimes which should come as
well under the cognizance of the law as others,
re leniently punished.
A grandfather or grandmother killing a grand
child, a father or mother wilfully murdering their
own son or daughter, and a master or mistress
putting to death a domestic slave, are only pun
ished with 60 oi 70 blows,and should they wish
to lay the murder falsely on some other person,
the punishment is but SO blows and three years
transportation.
The Holy Bible in Chinese. —A second edi
tion of the Bible has recently been published at
the Anglo Chinese College. Malacca; it is a
large and beautiful octavo; in 21 volumes, and
lias been printed with new blocks. Had the
College been the means of accomplishing no
thing more than the publication of this and a
former edition of the Bible, we should thi.ik its
founder and contributors repaid for all their la
bors. —But we know from good authority, that
many of the students, who have been educated
in the College, are now filling respectable sta
tions, civil or commercial, in the Jstrants: and
that some of them are teaching the English lan
guage in Pegu and Cochin china. * And above
all, we rejoice to know that some have received
the gospel in the love of it; obey its precepts,
enjoy its consolations, and assist, even in Chi
na itself, in diffusing a knowledge ofits righteous
requisitions and its glorious promises. —Chinese
Conner,
Tribute to Washington at the Dublin Theatre.
Mr. Hackett, the actor, gives the following
account of an occurrence at Dublin Theatre:
■•‘The first night of Rip Var Winkle, when in
the midst of the scene where he finds himscli
lost in amazement at the change of his native
village, as well as in himself and every body he
meets, a person of whom lie is making enquiry
mentions the name of W ashington, Hip asks
‘Who is he?’—The other replies—‘What! did
you never here of the immortal George Wash
ington, the Father of his country V The whole
auditin''e from pit to gallery seeemed to rise,
and with shouting, huzzas, clapping of hands
and stamping §of feet made the very building
ehake. These deafening plaudits ‘continued
eome time, and wound up with three distinct
rounds. To describe to you my feelings during
such on unexampled thunder gust of national
enthusiasm is utterly impossible, I choked—
the tear gushed from my eyes, and I can assure
you it was only by great effort that I restrained
myself from destroying all the illusions of the
Bcene.by breaking the fetters with which the age
and character of Hip had invested me, and ex
claiming in the fullness of my heart, ‘God bless
old Ireland.” — Albany Advertiser.
Ferocity of the white Shark. —'The white
ehark, in his wide, dilatable jaws, has six re
cf sharp triangular teeth; which can be raised or
depressed by appropriate muscles, nt pleasure.
Its velocity is such, that nothing seems to be
able to escape, and its grcadincss is never satis
fied. By one gripe of tho jaws, they can cut a
man in two. A red hot cannon ball is some
times lowered over the side to one ot these dis
agreeable followers of a ship, which the seamen
has the satisfaction of scciug the shark receive
into his yawning throat.
At the pearl fisheries of South America, where
white sharks arc numerous, visiting the mighty
caverns in the rocks, the water being so clear
that a small object may be seen at considerable
distance; the divers, familar with the character
of the monster, are obliged to go armed in sell
defence. For this purpose some carry a long
sharp knife. As the shark’s mouth is placed
somewhat under the head, he endeavors to get
over his intended victim, and if he discovers no
disposition in the Indian to move, gently settles
down over him with his horrible mouth widely
extended. With the coolness of a philosopher,
the instant he is near enough to be reached, the
diver plunges the knife into his vitals. Avery
ingenious mode whit h is practised, says a wri
ter, from whom these observations have been
principally extracted, is for the diver to carry j
down w ith him four or five hard wood sticks,
about two feet long, sharpened at both ends. In
case he is likely to be disturbed in his search for
tho oyster, by the visit of this king ol sharks, he
thursts one of the slicks between hts jsws, as he
is in the act of closing them. This props them
asunder, and the torcc with which they are
brought to act on the stick, securely pins both
ends into the bones, and away he goes without
the possibility of a remedy. Instances have
been known of an Indian who was so sharply
set upon, that he gave away thiee sticks in suc
cession before quitting his dangerous post.
At the Marquesas Islands, where this shark
abounds, the native swim in the midst of them
quite fearlessly; and the only reason why more
of them are not devoured, must be the peculiar
ease with which they are supplied with large
fish. Whenever, however, a nativeis so unhap
py as to be caught by one of them, his asso
ciates never exert themselves in the least, to ex
tricate him, because it is a common matter of
belief there, that sharks never seize any but tic
wicked—or transgressors of law, and therefore
the men deserve to die.
A gentleman ofour acquaintance informed us
that he saw a young girl swimming from a Bos
ton vessel, waiting to receive a cargo of sandal
wood, with a heavy bur of iron, on her shoulder,
which she had contrived to steal from the deck.
She swain under water a considerable distance,
before coming up for breath, but the moment
she was seen, the boats put off’with the expec
tation of recovering the bar.
Just as the boats were so near that she was
fearful of being struck with an oar, which was
raised by a man in the bow, she plunged a se
cond time, the boats pursued the track, but as
she came up to the surface, still holdina the iron
a “mighty white shark swallowed her at one ef
fort: the velocity towards Ills object being so
great, that as he rolled upward,the girl was driv
| en down his throat.”
THE WESTERN LriRALD.
AUK ARIA, GEORGIA, SEPTEMBER 7, 1833.
•CF* Ve arc authorized to anounce the name of nlaj
OEL ORA .VFORI), of ilancack county, for Governor
at the ensuing Election.
XX : —
Ratification .Meeting. — \Ve understand there will be a
meeting of the people near the line of Hall and Gwinnett
counties; about three miles from the Chattahoochee, on
Friday next, for the purpose of discussing the merits and
demerits of the proposed amendment to the Constitution.
XX :
The Superior Court of Lumpkin county, sit the three
days allowed for its session,and was adjourned over until
the fourth Monday of this mst. There was not much bu
siness done; the trial of Jesse N. Brown, for the murder
of Robert Ligon, consumed the major part of the time of
the Court, and resulted in a mistrial. Brown is remand
ed to Hall county jail.
• —xx ■—
.4 Crmcded Bar — V, e have attended three Courts in
the Cherokee Cin-.uit, during the present riding, Chero
kee, Forsyth and Lumpkin. There were about forty
| members of the Ba at Cherokee; twenty-five or thirty at
: Forsyth, and between fifty and sixty at Lumpkin. This
evidences the hardness of times of which the profession
generally complain.
—■xx--~
The Governor and the Missionaries. —In these days of
- political degeneracy, men who hold high offices in our
! government, should be watched well, and dealt by accor-
I dingly.
j When wc see the Chief Magistrate of the state, de
scend from the high watch towel upon which the people
I have placed him, and diving into the’ vitals of our govern
i ment, and undermining the very pillars which must sup
; port it, ifit stands at all, wc hold that it is not only our
right but our duty, “to cry aloud and spare not,” even
i though Governor Lumpkin himself, should be offended at
us iir telling what himself, and liis followers well know
to be “ the truth, the whole truth, and nothing but the truth.’’
j It is well known by the people of Georgia, that the tVj is
: sionaries, \V orecster and Butler, w ere the open violators
of a known law ofthe land; that they, with several oth
ers, particeps crimines, were sentenced under the law
which they had so wilfully, and flagrantly violated, to the
Penitentiary for the term of four years. When they ar
rived at Milledgeville, Governor Gilmer, to show them
and the world, that all the state required in its sovereign
capacity, was that its laws should not be trampled under 1
foot, or violated with impunity; which he thought perhaps j
these deluded offenders might have been erroneously led j
to believe; he offered them pardon by their then compli- j
ance with tiie requisition of the broken law, under which I
they were imprisoned, w hich was readily accepted by all
ol them, save the two political and religious onthueiaste,
v o wore determined to brave it out, regardless of conse
quences, in order to become the tools of northern fanati I
iusm, tor the purjiosD ol iuidin£ Insult to an uneaiiy injur
ed southern people, they Were imprisoned, and no Geor
gian pretended to dotiht the justice of the sentence, or
ventured an assertion against the policy of their confine
ment And while the tom nts of abuse was heaped upon
us, in Copious showers from die Northern presses, while
their professed religious enthusiasts were disgracing
themselves, and degrading their calling, by standing in
the synagogues, Publican like, offering up their prayers
to Almighty God, to enlighten the understandings of the
ignorant and hcathsn Georgians, we had the consolation
to know, that the fault was not ours (hut that of the law
less Missionaries,) and under that belief, all were w illing
to sec the convicts atone, at the expense of their own fol
ly, and their own daring impudence. No sympathy was
felt on the occasion, save that produced nt the seeming
obstinacy of the outrageous convicts until the authorities
‘ofthe Supreme Court was aroused to test the strength of
Georgia, and try the right of n state to enact, and enforce
laws for the government of her own people; a right which
tho consolidation's of late, have had the daring effronte
ry to question. It was then, when the people were rest
ing in slumbering security, we find the cowardly, sub
missive Governor, of our now almost degraded state, dis
posed to ield the point without controversy, and leave
the state in its present dilemma, with no rights that she
dare to claim, so long as the present incumbent sits in her
Executive Chamber.
If the people of Georgia wish to be tyranixed over b
the General Government; hav the;: laws and constitu
tion swallowed up by the doctriue of consolidation; with
the right reserved in the compact by the state denied her,and
oppressions heaped upon the people,too servile to be borne
by freemen; and their petitions and remonstrances treated
with scorn and derision; and a Congressional Force Bill
in all its bioodvdeformity,brandishingthcswoid of exter
mination over those w ho claim the right of self-relief from
an iron handed, consolidated governmeut. If they wish
to have the right of passing laws acknowledged, and
the right of enforcing them alter passed denied, as was
the case with the Missionary question, let them re-elect
Governor Lumpkin, who is so submissive in his disposi
tion, and cowardly in his nature, that he will give up
whatever may be asked for, no matter how unreasonable
the request, or how great the sacrifice of compliance on
th pari of the state.
-:XX:~
Just as might hare been expected.—The Grand Jury at
the late Superior Court in Lumpkin county, recommend
ed the Ratification ofthe proceeding of the late Conven
tion. We do not believe that their recommendation w ill
have any influence, nor are we at all surprised at the re
commendation, for the Jury boxes were made up shortly
after the organization of the county, when wc had but
lew permanent citizens in the county except those cut off
to us from Hall and Habersham, and if we are not mista
ken, ourpcople in both those counties claim to have been
greatly benefitted politically, by the cut off If’c impugn
not the integrity of the Grand Jury, but we must beg
leave to enter our most solemn protest, on the first ion
day in October next, and we fear not but we shall be
strongly backed by the people, who alone can now deter
mine whether the majority or minority, shall govern in
future.
flail County, July 30, 1833.
TO THE SUPERINTENDENT OF THE
MIGHTY WORKSHOP.
Sir, —I see in the Western Herald ofthe
10th ult. that you have discovered anew
medicine, (the I .umpkiniana Panacea) and that
you have in due form of law, obtained a patent
for the same; that it can be had at the Might;.
Workshop, where it is prepared in its purity, &c.
The accompanying certificates from “ Die in
the ditch,” “ Jim Crow” and “ Democratic
Yeoman,” are certainly well calculated to bring
it into immediate and extensive use. I had
been much surprised at the political course of
those men, without knowing what cause to at
tribute it to. But after seeing their certificates
of its powerful effects, the whole mystery was
immediately solved. I congratulate your Ex
cellency on so important a discovery, and not
only hope, but believe, that you will be amply
rewarded for your ingenuity and labor. There
certainly never was a time when there was so
much political agitation, and when something of
the same or similar virtues to the Lumpkiniana
Panacea was so much needed. You have so
often been upon the fence and turned, suc
cessfully, that it seems to me one half of
your “ feeble and selfish auxiliaries” have ta
ken it into their heads, that it is tho only road to
office. I know one man who says, that you
promised him the very same office that you af
terwards gave to General Coffee, and so sure
was he, that you would comply with the promise,
that he borrowed money, and got the promise
of many, who weie in a state of preparation to
accompany him to Cherokee, in the capacity of
Guards: and to the astonishment ofthe Captain
and his promised company, the commission
never come. Here you must know, is a fit
case for a speedy application of the Lumkiana
Panacea.
Another man says, that you promised him
a secretaryship, and that was the last he heard
of it, till some other “ feeble auxiliary” was cal
led to the Shop. I told him if you did make
him such a promise, I had no doubt it was done
before the election, when he ought to look over
it, as you never was very particular about what
you said or done when you wanted office. He
admitted that it was some weeks before the
election, but still insisted that you had done him
injustice, and that he could not support you. A
small dose of the Panacea, I think will set him
right.
I heard another one of your (use to be) warm
supporters in a public company say, very much
too, to the amusement of all present, that you
had turned, and turned, and turned, ’till there
was no telling where to find you, and that *no
man cculd support you without a total abandon
ment of principle, for iliat you hailed from all
points of the political compass at the same
time, and that he advised your friends, not to
undertake (o justify turning again, but to let
their communication be, “ I’m for Lumpkin,
right or wrong,” and that’s all. He further
went on to say, that you brought foicibly to his
mind, an anecdote that occurred in the neigh
borhood of his raising, viz : that old Johney
White one morning called to Sam, (the hog fee
der) to know if that sow had piged yet. O yes
massa, she done brought urn last night. Well
Sam, how many has ehe I don’t know
j zackly ntassa, l count aeben, and dar nuther
i little d—m one, keep such a turnin bout, I no
1 count him. Your friend then wont on to make
i the application, and said, that you, like the little
pin, kept such a turning about, that old . am,
nor no one else could count you. You may
be sure I felt pretty wrothy, and determined to
wnto immediately, for some of the Lumpkim
ana Panacea, for you say it is a sort ot “ king
cure all,” and that is the very thing we arc in
need of here. There are divers other cases
where it is wanting, and might be administered
1 most beneficially. Every case however, shall
ibe attended to. You never saw so many fel
i lows on the fence, and on ’tolher side, as we
have in this county. The Pendleton Messen
ger has been telling some stories on honest
John, that will completely put him down,
unless there is redemption in the Panacea, and
you know that he has been a strong stake in the
fence. In short, Sir, things are in a bad way
here, and some speedy application must be
made, or we are all gone in this county. I have
great confidence in the Panacea, and want you
to send me up a supply forthwith.
Believe me to be a full-blooded demociatic
Yeoman.
HAL. LIGHTI-OOT.
P. S. Don’t send it in your little ‘* pepp.r
corn pills,” but put it up like the apothecaries
do their putty, in large beef bladders, and a
plenty of them too. If you can possibly do
without the services of Doctor Cuthbert, send
him up with them. H. L.
FOR TIIC WESTERN HERALD.
TO THE SUPERINTENDENT OFTHE
MIGHTY WORKSHOP.
Having seen in the Western Ilerald of the
10th ult. the new patent medicine prepared and
vended by you, with tho accompanying certifi
cates of“ Die in the Ditch,” “Jim Crow” and
the “ Democratic Yeoman,” which I deem fully
sufficient to entitle the Lumpkiniana Panacea,
to full credit, with all the politically diseased
of the human family; out well recollecting the
powerful effect it had upon me, I send you the
subjoined certificate, which is ot your disposal
to publish or not, as you may think most ad
vantageous, in your turning business.
I, Doctor Sell State, do certify, that I have
always been a whole hog going federalist, snout,
tail and all; that I never thought of turning, or
had the least shadow of doubt, but that Con
gress had power to make the people slaves or
freemen at will, and sell a state at pleasure; and
that the Supreme Court had the power to deter
mine whether or not, it would be treason for the
people to grumble, even if they were made
slaves, or sold; and that General Jackson,
has the right to hang just who he pleases, with
out judge or jury; and that these doctrines
might prevail in Georgia. I joined the Clark par
ty in secr-tly advocating them by degrees, so
as to lead the people blindly into them, without
their seeming to know it. But to my utter as
tonishment, at the May Reduction Convention,
I found “ Jim Crow;” “ Die in the Ditch,” the
“ Democratic Yeoman” and others, going in as
I thought, too openly lor the measure, by pla
cing a project before the people, giving the
minority the directascendancy over the majority,
in all state matters; and I took it into my head
that there was too much pudding for the dog to
swallow at on-.e, and went against i'; conscien
tiously believing it was more than the people
ought to submit to, at one drag. 1 both spoke,
and voted against its adoption. I afterwards
walked by the Mighty Workshop, and smelt the
Lumpkiniana Panacea, and went home, and
have from that time to this,went the whole Rat,
and believed it was light for the people to Ratify,
what I could not vote fer myself.
DR. SELL STATE.
And I too, DR. M. TELEGRAPH.
COMMUNICATED.
Jl thrust in the dark, (alias) curiosity gratified.
Mr. Editor, —A conversation has just been
related to me, which I deem too good to keep.
A young Georgian was recently thrown in com
pany with the celebrated Col. Williams, of Ten
nessee, at Fouts Spring in Blunt county; the
sam Col. Williams, of gold mine memory, who
not long since, wished to lease Georgia’s lands
from the Indians, for the purpose of taking
therefrom, the treasures of the State.
Col. W. ascertaining the young man alluded
to, was from Georgia, and feeling himself un
known, animadverted rather severely on Geor
gia and her citizens.
By way of retort, the Georgian replied, he
believed the Citizens oi Georgia would never
suffer by a comparison with Tennesseeans; in
deed, to evidence the superiority of Georgia’s
citizens, he said, no instance could be given
when one ol them had attempted to buy up, or
lease from the Indians, the lands of Tennessee.
The in cog, Colonel remarked, he supposed if
such an arrangement had been made by the
Tennesseean with the Indians, the people of
Georgia would have shot him ? No replied the
Georgian, very gravely, he would now have
been in our Penitentiary making Wheel-bar
rows. The Colonel fiuding he had caught a
tarter, ended his inquiries amid the well-timed
mirth of many persons present, to whom he was
known. C.
The Governor vs. the Laws and Constitution.
Speaking some weeks ago of the forbearance
which the republican preses ofthe State had ex
ercised up to that time towards his present Ex
cellency’s administration, we remarked it had
not been for want of occasions; there being an
abundance of materials for criticism; and we
mentioned and established first one, and then
another wrong movement that just then present
ed themselves. This provoked abundance of
ire. Every sort of evil motive has been imputed
and almost every injurious epithet, of high and
low degree, lavished upon us, whilst the admin
istration has been held up as perfectly unques
tionable. excepting always in the cases as to
which it had been questioned. The errors and
misconduct ofthe Executive, that vv have here
tofore had occasion to observe upon, weie such
as happened or were brought to light just at that
time, and were noticed as they passed. Ab tve
have been so often inv ited, we will now gimy
hack a little to two or three facts that have be
long known, in which we thing the Governor *
the exercise of that most important function so
appointing power, has several times violaw
sometimes in the same act; both the constitutim’
and the laws of the land.
And that the case may be fairly stated, we com
such parts of each, as we intend to comrnsc
upon.
The following is the 11th Sec. Ist Ait. oft
constitution of Georgia—Digest 549-50, *
107. Sec. 11. No person holding any miliij.
commission or other appointment, having
emolument or compensation annexed thereto
under this State, or the United States,
of them, (except justices of the inferior cotm,
justices ofthe peaco, and officers of the
nor any person who has had charge of p u yj!
money’s belonging to the State, unaccounted fa
and unpaid, or who has not paid all legal taxer
or contributions to the government i equiredo’
him, shall have a seat in either branch of so
general assembly; nor shall any senator orre!
presentotive be elected to any office or appoic;.
ment by the legislature, having any emolument)
or compensation annexed thereto, during so
time for which he shall have been elected, n
the above exceptions, unless he shall dedfo
accepting his seat, by notice to the execute,
within twenty days alter he shall have been el#l
ted; nor shall any member after having taken it
seal, be eligible to any ofthe aforesaid office
appointments during the lime for which In sfcj
have been elected.
The Governor’s oath is in the sth
article, p. 554.
“ I do solemnly swear or affirm, (asthecas,
may be,) that I will faithfully execute the oflfo
of governor of the State of Georgia; ant. ill, (,
the best of my abilities, pieserve, protect, an
defend the said state, and cause justice loh
executed in mercy therein, according to them
slitulion (m l laws thereof !”
It hence appears that a member of the legit
lature, after having taken his seat, is constim
tionally ineligible, that is to say, expressly fa.
bidden to hold any appointment, having at:
emolument annexed thereto, under this Stale
Justices of the inferior court and of the peat;
and militia officers are excepted, but no emoh
ment is annexed to those offices.
The lottery act of 1830, sec. 8, provides so
emolument of the district surveyors. The4ti
section ofthe same act, pamphlet p. 128, ernes
that district surveyors shall be elected by so
people, two in each of some ofthe lurgcstcoua.
ties, and one in each of the others, end tfe
proceeds to direct, that
“In case any of the counties should failb
elect a surveyor agreeable to this section, so
Governor shall appoint to fill such failure—and
in case any vacancy shall happen by death, re
signation or otherwise, the same shall be filled
by their respective counties, in the same niante;
as they were first elected.”
This enactment, it will be seen, contemplate
two events. First, where the county shall lai
to elect a surveyor; i:i which case the Govemir
is directed to appoint; and secondly, where®
election has been had, but the office become
afterwards vacant “ by death, resignation orofo
ervvise.” In these instances anew elecli#
must be had in the same county. There is ds
a third case provided for in section 10, ate
the vacancy happens after the surveyor sis!
have commenced the performance of Ills dote;
but we are not aware that any such
occurred.
We now state the follow ing lacts, most offos
from the record, and all of which we believe#
be true. If it can be shewn that wc are misfr
ken or misinformed in any one of them, we w
of course immediately retract it. BemenM
the names of persons and places for no i r rii
ous purpose. It is obviously properto design*
the ease distinctly, that it may be the easier cm
tradjeted if not true; and it moreover seems#
us that inisteriously to withhold the namewrf
be giving it an air of importance as to tho sen
ral individuals appointed, to which it is not him
entitled. They will not understand us as d
ing them in question.—ln the bustle and cm#
sion of such an occasion they may not Iw
thought of mooting constitutional questions,ah
may have taken w ithout investigation or scruplei
what was bestowed by that high officer, win*
business it was to examine and decide in all sw
cases.
Daniel Stone was elected one of the disW
surveyors, from DeKalb county, but resigned!*
fore the Ist of April, 1832, when the Survey*
were convened by the Governor. Here a® ll
election in the county, and a subsequent vacancy
“ by resignation,” and the plain duty of theft
ecutive, under the act, was to order anew el
tion. This was not done that we ever beards’
If not, it was a non compliance with the •
We presume no election was ordered, becat
the Governor proceeded to fill the vacancy,®
so exercised that power himself, which by
law was confided to the people of that comv
He filled the vacancy by appointing to the o
the Senator from DeKalb county, who haw
been elected at the preceding October elec’
his office of course did not expire till 0 C
1832. This was in violation of the Cons
uon. Mr. 4 leveland, thus appomted; suiJT
the 16th district, 2d sectioD, and received P
105 62. .
Another case. E. R. Harford was * ,
district surveyor by the people of We and
county, but did not appear as ordered on • ’
of April, 1832, to receive his instrvicri o
and shortly afterwards resigned. This ***
other vacancy “by resignation.” Heret
find no order for anew election; but the vat
filled by the executive appointment o’ ‘
Gaither of Baldwin county. This wou
been illegal as an exercise of undelegat
thority, had the office been given to a per .
Mclntosh, and doubly so, in taking wj?
from the county to which it belonged,
ther surveyed district No. 18, ofthe 8a se
and received as his compensation $2,11 •.
Yet another case. Daniel J Black
district surveyor, from Ware county,
and drew a district, but resigned wj 4
mcncing his duties as surveyor. Now i
rious to observe the variety of illegal a® l
