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ror fid-ring the advantages which
»vi'| h<? dtnvcd to the union from
the f.ile.
I have the fathfaflion of in
forming you, that on a rrpre
fenfation from the executive, to
t e lecetary of the tifcifurv of
the Unted States, rcfpefling
the ronfoiidation of the Rate
fund*, with that part of the
y’X 36 depofjt funded as the
property of this flate by Gover
nor Matthews, and the loan
officer's demand, under the law
< f the United States, of a fl a rap
ed power of attorney, and the
Governor's acknowledgement of
his fignature thereto before a
magiflrate or notary public, to
enable an agent to dr aW the in
tcrcfl due the (late, that the
comptroller of the treafury, by
dcfi:e of the fecretary, ordered:
Mr. Wylly to feparate the two
funds, and to receive the Gover
nor's power under the great Teal
of ihe Hate, without its being
either ftarnped or formally ac
knowledged before a notary or
rnagiftratc ; proceedings which,
had they been required, would
have ailurcdly prevented my
drawing any portion of the in
terefl due the (late, as I deemed
it an infiingernent of the flate
Ibvercignty—happily an accom
modating foirit, on the part of
the officers of the union, relieved
me from this e*nbarraffing fitu-j
aiion, the papers relative therc
to arc marked No. 6.
You will find the great Teal
of .the ftate well executed, but
with an unavoidable deviation
’ rom the law, which it was re
quifitc to look over. The law
declares, that the revcife fide
(hall contain three pillars fup
porting an arch, with the wo'd
conflitution engraven thereon,
emblematic of the conflitution,
lupported by the three depart
ments of government, viz. legil
lative, judicial and executive—
the ftr ft. pillar to have engraven
on its bafe wildom, the fecond
juft ice, and the third moderation.
On an examination of the fize
of the Teal, determined on by
law, it will be found that this
was impoffiblc, that the words
could not have been engraven
on the bafe, fo as to make (he
leaf! vifible imprcflion. It was
the executive duly to defttoy
the old Teal on the fourth day of
July laft, when by law, the new
foal was declared to be in com
plete operation—A trial has
been made in Georgia to make
wnd engrave it, which failed,
and 1 found a neccffity to fend
to Char left on, at a late day to
procure its execution—when it
was executed, had it been pof
hide to have obeyed that part of
the law, there was not time for
p an alteration, until the period
for its operation commenced.
I wss therefore driven to the
alternative, cither to truft lo le
giflative fanftion, for the devia
tion of placing thole words on
the pillars, inftead of the bafe,
.md to adopt the leal, or to put
a total ftagnation to all pubhc
bufincfs, until the legiliatu ? c,
could be convened, at a heavy,
expcnce, and in a difagreeab!«l
and bufy fcafon, I thought; th c
former mod. prudent, and on
the fourth day of July laft broke
the old Teal, and pronounced
the pref nt Teal, the great Teal
of the Rate, and as fuch oidered
the fecretary of fhc (late, to put
it into operation. The words
as they now ftand are intelligible,
and the wreath they are engraven
on, is an ornament to the Teal.
On full examination, I flatter
myfclf that mv condu6l will
meet your fan£lion. 1 cannot:
take leave of this fubje6l without j
exprefflng tnyobligations to Mr. |
Sturges, furveyor general of the
date fot his attention to this bu
finefs, and I take the opportu
nity alfo of mentioning the name
of Mr. Coram, engraver of
Charleflon, who fo maflerly
executed itas defervingof praife.
Ihe charge is heavier than it
would have been could it have
been executed in Georgia, as it
was increafed by the ncceffity of
fending Mr. Sturges to Charlel
ton to contrail for and fuperin
tend the execution.
There is one circumftance
attending the Teal which will j
require legiflative interference—:
there arc numbers of grants
frgned by former Governors, and
I many figned by myfclf prior to
jthe 4th day of July laft, when
I the old fcal ceaCd to have Ope
ration, and to which from the
neglc6b of the perfons owning
them in not calling for them the
leal was not affixed. The dales
of the grants prove that the pre
fent Teal was not in cxiftence at
the time of their paffing, and
the old fcal which ought to have
been affixed is not now in exlft
cnce, I fee no other remedy,
but a fhort law authorizing the
fecretary of flate to place the
new leal to them, and declaring
them valid in all courts of law
and equity.
The extrafts of letters from
our members to Congrefs, and
the fecretary of war marked
No. 7, will inform you that
there is at length a great profpfft I
of our long {landing claims for
militia fcrvicc rendered the uni-;
on, being finally reported on
and adjufted during the enluing
feffion of Congrefs, I hope in j
a faiisfadory manner to the flate
and her citizens. Repeated ap
plications hue been made by
me to the lecrcUry, and every
meafurc has been adopted by
fome of our members to expe
dite the payment.
Farly in the year I received
intelligence of fome of the re
cords of this flate being depo
hted in the tosver of London,
I applied for further information
to a gentleman of South-Caio
lina, fiom whom the intelligence
was Tuft deiived — My letter to
him, his extract dinary anlvver.
and my reply are marked No 8.
Notwithftanding however that
gentleman’s refufal to make the
rcquellcd information; the man-
ner of that rcfuTal, ar.d M r -
W illiam Simms's oath as to hi>
: prior declarations, together with
the flatenlents of the furveyor
general and ferretary of ftate,
herewith alfo fabmitted, appear
ed to me td form fo ftrong a
preemptive evidence as to cna
ble the minifter of the United
States, at the court of London,
to demand thole records on be
half of the Hate of Georgia
from the Kritifh adminiflration
under the fevenrh article of the
definitive treaty of peace of 1783,
between that nation and the
■United States, and I therefore
made the application rnaikcd
I No. 9 to Mr. King requeuing
his demandingthcmarcordingly.
The law of the 16th day of Feb.
laft, to compel all officers; civil
and military, within this ftate,
to take and fub'ciibe an oath
to fupportthe conftitution there
of, has been very differently
conftrued in different counties.
In fome the oath has be n very
generally taken by both civil and
military officers, in others the
juftices of the inferior courts
and juftices of the peace have
not deemed it requifuefor them
to take it at all—in fomc coun
ties conllru&ions have been
|made that all office!s in com
! million at the time of paffing the
law, only were bound to take
it within the six months pointed
out, and in others that all officers
commiflioned since the paflage
thereof were bound only to take
it within fix months after they
were commiflioned; whiift others
again have fuppofed their quali
fications as juftices to have com
prehended all the cffcniials of
the oath, and negle&cd there
fore on that ground to take the
oath under that law. Numbers
of military officers and in one
county, nearly all the officers of j
a whole battalion neg’cdted to
take it, and which proceeded
not from intention or refufal,
but the a&ual ignorance of the
law, feveral of them never hav
ing heard of the law until the
period had clapfed. Taking
all thefe circumftanccs into con-
I fideration, and entertaining alio
fome doubts as to the executive
power of filling the vacancies
occafioned by this neglect, the
conftitution having pointed out
( the method by which thofe
officers (hall be appointed, and
how they fhall be removed. I
referred the ftatement marked
No. to, to the fobcitor-gcncral
of the middle diftrift, his opin
ion and anfwer therewith found
came ftriftly up to my own
opinion, and I declined execu
ting the penalty of the law until
your meeting. This bufinefsi
will require your early delibera- 1
lion; and as the elections for
county officers took place on the
third Tuelday of laft month,
and in feveral counties the de-i
faulting juftices were either re
turning officers or cleftors, which :
flopped the executive hum i(fu
ing commiffions for the officer*
elected, I fhould recommend a
(tor. Ur of iunnefly;
■ **iid all ptocecding* , f coun.v
officers fince the a6th d av „f
Augufl lafl, and aaihorif ;ng ih ;
, executive to ilfae comm!ffion;-^
• Such a law ran alfo revife the
i law of the i6rh day of February
and with precifion extend the
time fr r old officer*, and mafcc
the oath a necclfary quAlifica
tion, for all officers on receiving
an appointment in future. Jq
juftice towards thofe who have
defaulted, I mud hy that I have
heaid of no officer who has p O .
filively rdufed, hut all appear
•villmg and ready, to take the
oath; which I again take the
oppojtunity of mentioning to
you, 1 deem highly expedient
and Lcceflary for every officer
to take, holding an appointment
or connniflion under the Itate
from the higheft officer to the
lowed.
The a6f to carry into effift
the twenty fourth fedion of the
fird article of the conflitution,
dots not come altogether up, to
the intentions of the legiflaturc,
or provide for all the cafes arifing
under the uTurped ad of the 71b
day of January, 1795 ; it will
require revifion, and perhaps an
extenfjon of cquitabic principle
jin the following cafes : Firjl, in
cafes w'hcrc the perfon who bou
fide depofited., the money, as a
pretended conlidcration for the
pretended Tale, has fince dccraf
cd, and the claim is made by
the executors or adminiftiators
who feem by the law, as it row
Hands, to be barred, not having
depofued the money, and not
being able ro comply in all ref
peds with the oath.-
Second . Jn cafes refpeding
citizens rights, where they have
pafled into other hands, than
thofe who depofitf d the money,
| and a full consideration has been
paid for them—thofe papers
bear the higheft authenticity,
being the original receipts of the
treafurer himfclf, and therefore
no doubt can be entertained of
the amount cxprclfed having
been bona fide deposited : the
j giving up thofe papers with an
oath that a fair consideration
was p id for them, and that they
arc genuine receipts, fhould be
deemed iufficient, without the
making oath, that the morey
was bona Jide deposited at the
time the receipt was given—
moll of this kind of yazoopa
! pers have found their way to
other parts of the United States,
where numerous families have
been ruined by the fpeculation.
The icputation of the (late, in
the generous condud of retain
! ing the (urns deposited, requ’re*
berattention to thofe unforiuna'^
* and innocent pcrlons, anti I cr
alleviating, as much as can be,
their diftrefs.
And Thirdly , An attention i*
I requisite to another clafs of citi
j zens, who hold no oiiginal
; ccipts, but who poflfefs pieten* 4 -
ed title deeds, by purchafe
the pretended grantees: eq ultv
would certainly dedde, that they I