REPORT
A
OF THE
SELECT COMMITTEE,
OF THE
UOVSE OT REPRESENTATIVE*
OF THE
STATE OF GEORGIA,
TO WHOM WAS REFERRED SO MUCH OF THE
■; -, ***.,«/4 **7" *0^ • * * - „ J'< rKkA y.f ''''
-GOVERNOR'S MESSAGE
TO BOTH BRANCHES OF
THE GENERAL ASSEMBLY OF 1822.
AS RELATES TO
V LIBFfAR-V
COL. ABNER HAMMOND, \ MAR 4 1949
jfjfo
SECRETARY OF STATE. ^SJLY
ROUSE OF REPRE S EXTAT1VE3,,
DECEMBER 12, 1822,
Read, and ordered to be Printed,
MILLEDGEVILLE:
PRINTED BY JAMES CAMAK
y;::::::::::::::::;
1822.
♦REPORT, &C.
, The Committee to whom were referred so much of the
Governor's Message as related to Abner Hammond,' Sec-
retary of State, and the documents which on the same
subject accompanied it,
BE POUT RESPECTFULLY:
That in conformity with the power given to them
by the representatives of the people, and with a degree of
attention becoming a matter so highly interesting to the
state, involving a constitutional question of the utmost im-
portance, they have from time to time taken testimony in
support of, and in opposition to, the following allegations
of his Excellency. The first five are considered by your
committee to have been intended by that high officer, as
exhibiting the causes of his appointment of Simon Whit-
aker to the office of Secretary of State.
1st. "That about a month previous to the 12th of Au-
gust last, Col. Hammond absented himself from the seat
of government without the knowledge of the Governor.
2(. "That lie did not state to the Governor the length
of time he intended to be absent.
3d. " That he did not intimate to the Governor the place
Whither he was going.
4th. " That a clerk, contrary to the express orders of
the Governor, persisted in the discharge of the duties of
the office as deputy, acting solely under a letter of attor*
ne-y from Col. Hammond, and signing his individual name
for that of the Secretary: 6Thomas II. Crawford, for
Abner Hammond. Secretary of State/
5th. " That the seal of the state had been transferred
to a mere boy, acting under ho oath or legal responsible
ity."
To make it appear to the General Assembly that hie
iJxcollency, j& appointing Mr. Whitajker, was governed
4
by tto motive unfriendly to the welfare of Col. Hammond,,
it is further alleged in the message :
fitli. '• That the Executive mentioned to Mr. Whitaker,
that it would be gratifying to the Executive that he should
resign the office in the event of the return of Col. tiara-
mond, and that he should retain the clerks then in of-
fice."
As matter affecting Col. Hammond alone, and not affect-
ing the interesting inquiry with relation to the legitimacy
oF Whitaker's appointment, the committee have viewed
the two ensuing charges. Upon these they propose to
make a future report.
, 7th. ** That the conduct of Col. Hammond was indeco-
rous, rude, and vulgar, on his return at his first interview
with the Executive, and with the person appointed in his
place.
Btli. u That Col. Hammond has often been unable, from
various causes, to sign his name, and frequently got some
one of the young men in the office to do it for him."
This charge is connected with a declaration of general
inattention to the duties of his office.
To give a summary of the mass of evidence before the
committee, would be tedious and unnecessary. They think
it sufficient, as the entire evidence is reported to the house,
to present such circumstances, together with remarks by
the committee, as appear most apposite to the several alle-
gations successively.
1st. That about a month previous to the 42tli of August
last, Col. Hammond absented himself, without the know-
ledge of the Governor, from the seat of government.
It is certain that Col. Hammond left the seat of govern-
nient on the 11th of July, on a visit to the sea-hoard, for
the benefit of his health. He had been previously infirm
a considerable length of time,* and believed that bathing
in salt water would remove his rheumatism with \vhich he
Was then afflicted. It is believed by your committee, that
as much as the return to his post of any officer at a distance
could be certain, his was. Mr. Cary had been informed
by him, that he intended to return about the l5tfi of Au-
gust. Mr. Crawford, expected his return by the 1st of
-{September*. Col. Hammond did actually return on the
17th of August It is certain that he did not communicate
tp the Governor his intention to go; but, from the evidence
5
of Mr. Crawford, it is probable Col. Hammond called at
the Executive office to impart his design. It is not certain
that he went without the knowledge of the Governor. It
seems likely that his Excellency knew the Colonel intend-
edtogo; and if the public,exigencies had demanded it,
lie might have delayed the Secretary's departure, under
his Excellency's construction of his powers, until the pres-
sure of official bu4:;ess had measurably subsided. We
think it likely, because Mr. Crawford, Mr. Askew, Mr.
Wood, Mr. Cary, and Air. Pierce, all depose that the
inrention of Col. Hammond was well known jsome days
before his departure. Mr. Clayton also gives his belief
that it was generally understood. Mr. Wood was then,
as he yet is, a Secretary of the Executive department. It
is in proof that the Governor was within his office oft the
10th of July, and about that time attentive to his duties.
That he did not know what every state house officer and
clerk, and his own secretary, wed knew, is not credible.
Your committee are compelled to believe liis Excellency
intended to" state "that he had no official knowledge. But
if he had private information, was. he not, on his own
principle of public utility controlling the claims of personal
convenience, remiss in not sending for Hammond and ob-
jecting to his departure ? If this remissness did exist, it
operated as a sanction of . the Secretary's going away; as,
in the opinion of your committee, does his Excellency's
subsequent virtual affirmation of Crawford's act, before life
Went to Athens.
2d and 3d. The second and third allegations are ua-
doubtedly correct.
Supposing Col. Hammond to have left Milledgevitbe
without the Executive's knowledge, an important question
may here be considered. Did his departure, without that*
knowledge, produce a vacancy of his. office? If the va-
cancy was thereby caused, then no one state-house officer
now legally exercises bis functions; all having probably
left Millcdgeville without the Governor's knowledge, since
their last election, for a greater or less distance, or a greater
or less period of time. In truth, it must be either lawful
or unlawful for an offie> r to leave Milledgevill'e. As the'
constitution and laws are silen^ if it be la wful, the Gov-
ernor's permission is not norpWn-y ; Ifit be unlawful, thai
permission cannot legalistitP that Cofc
6
Hammond violated no law by bis journey to the low conn!
try Courtesy might have required a communication of
bis inter) ion to the. Governor ; but failing to be courteous
cannot divest a right. The right to locomotion is an uni-
vers a 1 one—acceptance of office does not destroy it; and
being a constitutional officer, if he improperly used that
right, to the public detriment, Col. Hammond was liable
to impeachment.
The Governor considers that Col. Hammond's having
absented himself without his knowledge, for an uncertain
time, gave him, by a correct interpretation of the word
"otherwise," a right to declare and till a vacancy. We
find this fruitful word in the 9Ji section of the 2d article
of our state constitution. Your committee have been taught
by the sages who have written on our forms of government,
that it is important to every free people, that the powers of
tlieii servants should be subject to restraints. They have
learned that the government of Georgia is one of limited
authority. Wherever a liberal construction of language
may lay the basis of future tyranny, such a construction is
anti-republican, contrary to the spirit of our institutions,
and to be decidedly rejected. May his Excellency's in-
terpretation of the word " otherwise," eventually, ii now
sanctioned, produce a tyranny ? We know no officer in
the state* who is safe, if that interpretation be legitimate.
The language of the constitution is—"When any office
shall become vacant by death, resignation, or otherwise,
the governor shall have power to fill such vacancy." It is
Jfree from qualification—every officer may lose his office at
the will and pleasure of the chief magistrate. If the term
" otherwise" be not confined in its signification to a vacatn
cy created by operation of law, or to some circumstance
which, like " death, or resignation," by the common con-
sent of all men, occasions a vacancy—as a total removal
from, and fixed residence without the state—then is the idea,
of restraint upon Executive authority an absurdity when
applied to our Executive. Then we may wonder at the
folly of our ancestors, who, in one cabalistical word,6 other-
wise,' gave a power competent to demolish that safeguard of
our liberties, which they intended to erect, when they de-\
clared that the legislative* executive and judicial authori-
ties should be distinct, find consequently independent! Did
"they intend our protection ? If they intended it they could
7
tiofc have intended tlie word < otherwise' should have the
signification his Excellent y is compelled, in self-defence,
to give to it. Accord to it this signification—the elective
right of the general Assembly is nugatory—the shadow of
appointment is with tliem, the substance is with the (rover-
nor—since* the day after their adjournment, the officer
whom they have chosen may be removed, because it has
pleased him, in his discretion, to declare a vacancy. The
Judiciary become powerless, for they also may be dispa-
ced, if in the Governor's comprehension, they have done
what amounts to a vacancy—or. if they be retained and
tlie executive smile permit their continuance, the effect of
their decrees may be suspended by a removal of the sher-
iff or clerk. The language of the section is without limit.
Your committee are not aware that they err in saying that
the power may ex;end to the removal of every officer
known to the constitution: they certainly do not err when
they affirm that ihere is no officer deriving his authority
immediately from the legislature, who is not subject lo re-
tnoval if his Excellency's interpretation be affirmed! Your
general officers of the militia hold their offices at tlie nodi
of the commander in chief For although in the instance
of temporary absence from their commands, the constitution
will not permit their commissions to expire, (presenting
here, your committee conceive, the test by which the ques-
iion of occasional absence in any other officer may be tried,)<
yet the mind of man being fertile, other causes of removal:
may be discovered iavihem. The state may be brought into a,
contest with the federal government. For if the word 6 oth-
erwise,' be equally liberally construed where we find it in,
the 9th section of the 3d article of the United States con-,
stituiion, the Governor may displace a United Stages sen-
ator for causes in his judgment strong, probably in that of
the Senate of the Union, trivial.
The word " otherwise," may afford numberless occa*
sions for the exercise of passion. Confining it to the case
now before us, we believe that if the absence of a secreta-
ry of state two hundred miles from Milledgeville, and the
uncertainty of his return, cause a forfeiture, a governor
may, at some subsequent period, declare, upon the force of
the precedent, an absence of five miles distance, and a like
uncertainty, to cause another. , If that officer's absence for
five weeks produce it, wUi not the. principle equally sup.:
8
$ vacancy wheg his absence is that of one week or a
day? The principle in any of these instances, is that the
incumbent is not ready to answer the demands of the peo-
pie. The preventives known to this committee, against the
gross neglect of that officer, are the dread of suit upon his
bond, and the fear of impeachment, convietiopand dis-
grace by the legislature. '
But it is said that no system can be perfect, and- that
gome discretion must be left to the Governor, that he may
prevent the suffering of injury by the citizen. Such a dis-
cretion is said to be necessary in the case before us. Your
committee remind the hriuse that6necessity' is proverbially
* a tyrant's pleaand that those who do wrong invana-
bly address, themselves to our passions. We should con-
fide in our Governor, we are told, because he must be pre-
sumed to be intelligent and virtuous ? We reply, that it
must not be left to a Governor's conscience to say what
shall he the terms ,of the tenure of office ; because the his-
iory of civilized man has amply proved, that among the
.jm'ers of states, some are as.idiberal and unjust, as others
are benevolent and honest. What surety hava the people
that their first magistrate would always be governed by the-
purest feeling? Are not the most upright among men sub-
j*ct to gusts of intemperate passion ? It is idle to say that
he M ould be curbed by public opinion ! Our annals desig-
irate a being, noMr dejected arid fallen—once elevated to the
second post in official grade, adorning society by his man-
ners, embellisliihg literature by his attainments, enlight-
erring the bar and the senate by his wrinderful intellect—
but who scorned public opinion when ambition plead. It
is true that a governor may be impeached ! But when im-
peached, he may (when a less exalted officerWould fail)
successfully combat the accusation by asserting bis innocent
intentions, and appealing to a weak sensibility. It is dif-
ficult to penetrate the motives,of virtuous men. Hcrw much
more so those of a M;ily politician.
Your committee present a legal construction, which they
think irrefutably fixes impropriety on the act now under
investigation. It is a settled rule that when the lawgiver,
in framing a precept, on the same subject that occupied the
attention of a former, omits words of substance used in the
previous statute, these cannot, by mere intendment of law,
be considered as retained. The 8d section of an act pas/
a
sod on the 23d"day of December, 1789, entitled " An pM
for regulating the appointment of justicesof the peace in
the several counties in this state, and for empowering the
Governor to fill up all vacancies that may happen in office
during the rcctss of the General Assembly," declares "that
it shall and maybe lawful for the Governor for the time
being, when an office may become va,cant by death* resig-
nation, removal from office by the Governor, or otherways,
to appoint some fit and proper person to such office." The
"words, "removal from office by the Governor," are omitted
in the 9th section of the second article of the constitution*
a section embracing the same general subject. The effect
of omission is clear, if the principle we assume be cor-
rect. In confirmation, we say that although the laws of
England, adopted by us as far as fhey are applicable to
eur political institutions and social condition, provide for
advancements of children, requiring by the law of botch-
pot, that if a child receive from bis parent a gift of personal
effects, that gift shall be returned into the distributive fund,
before be shall be entitled to an equal share with others.
Yet this doctrine not being contained in our statute of dis-
tribution of 1789. it was always considered as repudiated
by us, until the legislature of 1821 restored its principle by-
express law. Until the words, " removal from office by
the Governor" be incorporated expressly in the constitu-
tion, we must consider them as containing a power un-
known to our free government. It is absurd to insist upon
a distinction between removal from office, and an appoint-
ment to a vacancy, in such a case as this of Abner Hanff
mond. The appointment effects the removal.
Proceeding to an investigation of the executive Order*
referred to us of the year 1798, &c. your committee can not
admit that his Excellency has a precedent in them. ; Were
it admitted that the administration of 1798 would, have
made new appointments, yet there being nothing iff the
constitution, expressly or impliedly giving th6 authority,
such appointments would have been illegal. No-waca ncy has
ever been declared for disobedience to them, during that ad-
ministration, or since. It is in evidence that officers have
repeatedly since left the seat of government, without per-
mission, and probably during every administration.. The
orders had become obsolete ; and your committee believe
that, previous to their publication jn October last, they
10'
were known to very few individuals, -and to those only
who had been longest in the public employment. They
are convinced that their existence was not known by the
Executive en the day of Whitaker's appointment.
But your committee deny that Gov. Jackson would have
declared the office of Secretary of-State vacated, if his
orders had been disobeyed. Being bound by the 8th sec-
tion of the 2d article of the constitution, to give to the le <
gislature «information from time to time," and e< to re-
commend such measures as he might deem necessary and
expedient,7' he conceived it to be 'his duty, if the officers
were guilty of long neglect of theirs, to give information
of it to those who had elected them, and who alone pos *
sessed the power of removal. Tlie orders operated as a
healthful caution, and were intended to secure harmony
and courtesy between the Governor and the departments.
That this was the meaning of that administration, will be,
manifested by the following circumstances.
First—Upon William 'Robertson's absenting himself
from Louisville without permission, the Governor did not
declare a vacancy after an absence of six weeks, although
extracts might have been wanted from records of the sen-
ate; but issued an otder on the lith July, 1798, requiring
his return. 'His practice, then, was certainly different
from that of his excellency, Gov. Clark.
Secondly—After the adoption of the constitution, cer-
tain officers of the militia refused to obey it: publicly
affirming that they would not be bound by it. An act
was passed 011 the 16th Feb. 1799, to compel all officers,
civil and military, to take and subscribe an oath to sup-
port it. In the second section, the Governor was antho-
rised and required to fill up vacancies arising from refuv
sals or neglect io take the oath within six months after jtlie
passage of the act. Many officers of militia, justices of
the peace, and justices of the Inferior court, neglected to
comply in due time ; but the Governor, on the expiration
of the six months, did not consider these offices vacated,
though he had the sanction of a solemn act of the legisla-
tore. "Entertaining same doubt as to the executive pom-
er of filing the vacancies77 (which the legislature had
Conceived would be) "occasioned by this neglect, the con-
stitution having pointed out the method by which those
officers should be appointed, and how they should be vema*
li
■red/' lid referred the subject to'the General Assembly
Now the Governor must have known that the state-house
officers were liable to impeachment under the constitution 5
and it cannot be imagined that, knowing, the mode of re-
moving them, he would have usurped the legislative power,
He would have referred to the legislature their delinquent
cies in what he believed to be their duty, as he referred
to the legislature the conduct of officers who did not com*
ply with the legislative will. It is not material that the
officers neglected, rather than refused, to take the oath |
the constitution presented to bis mind an insurmountable
barrier. Your committee, from this precedent, shewing n.
construction of our constitution by the earliest ad'ministra*
tion under it, and one consistent with the liberty of the
citizen, would be compelled to limit the executive will.
They consider that even the legislature could not have
authorised the Governor by a statute, however explanatory
and solemn, clad with all the forms of law, and supported
by the executive sanction, to confer the appointment of
Secretary of State upon Simon Whitaker. They proceed
further, and aver that if the legislature had been in ses-
sion on the 13th of August, they could not have legally
divested Hammond of his office, by the election of Whit-
aker.
Thirdly—Y our committee next refer to the case of Jo,-
sepli Hutchinson, a notary public of the county of Xtich-
moud, who was, in the year 1798, suspended by the Ex-
ocutive, for supposed misbehavior. Gov. Jackson cledu-
ced his power to suspend that officer, not from the 9lh
section of the 2d article .of the constitution, but from the
act of 1789, above referred to, which your committee be-
lieve to have been annulled by that section. The suspen-
sion was ordered on two grounds : 1st. that no mode of
trial was designated by the constitution for a notary pub-
lie, this officer not being known to the constitution. The
law of 1789 was believed to be in force, as it was impro-
per that there should exist an officer not amenable to the
people. For the Secretary of State, the administration
of 1798 and 9 knew a mode of trial ivas provided. 2d.
iliat a notary held, his office during good behavior, and not
for a limited period. The Secretary of State was known
to liold his office for two years, or a limited period, and.
to be subject to non-election by the legislature if he nctef!
1l2
improperly. Gov* Jackson did not undertake, ho \v every
to suspend an officer so humble as a notary public, for
what he believed to be a flagrant offence against the con-
stitution of his country, until he had taken the opinions
of the Solicitors-general Tan Allen and Caldwell. Upon
these he acted. See the Executive messages of 1799.
4th. The fourth charge of his Excellency is, u That
a clerk, contrary to the express orders of the Governor,
persisted in the discharge of the duties of the office as-
deputy, acting solely under a letter of attorney from Col.
Hammond, and signing his individual name for that of the
Secretary : ' Thomas H. Crawford, for Abner Hammond,
Secretary of State.7
It is in evidence, that Crawford was left by Hammond
in his office, acting under a power of attorney. It is true
that Crawford did sign as is stated ; but, after the written
order of his Excellency, he did not persist in discharging
any official act. Your committee will not pursue the ex-
ample set them by the Governor. They will not decide
whether, under the power of attorney, Crawford might
legally act: it is a cjuesticm, believed to be exclusively for
the judiciary to determine ; and having already come to a
conclusion, that there was no vacancy in the office of Sec-
retary of Stale, they do not conceiv *' " " J
But they unreservedly state, that they attach no censure
to Col. Hammond for his deputation of Crawford. Dur-
ing the years 1798—99, the greater part of which, John
Milton, Secretary ef State, lived in Burke county, at his
residence, Horatio Marbury acted for him, as his deputy,
and signed his name in full—" Horatio Marbury, Deputy-
Secretary of State.77 The county officers7 commissions,
and military commissions, were issued by him, and all
proclamations attested by him, witli that style of office.
This was under the administration of Gov. Jackson, who
did not simply assent to such a practice, but expressly
sanctioned it" by an executive order of the 9d Nov. 1798,
permitting the Secretary of Senate, to leave the seat of
government, lie leaving some pepsoti to officiate for him
in* certifying any extracts that might he wanted.77 Tiio-
mas Johnson acted under a power of attorney from Bora-
r.io Marbury in 1802 or 3, when the last- was Secretary of
.State, and lay ill of a wound in Augusta. Benjamin
invade the province of a separate
13
C heaves also officiated for liini at Milledgeville. The
records of Hammond's office, the practice of all the offices
from the year 1798—that of the Executive office itself—
shew that the performance of duties occasionally by assist-
tants, in the principal's absence, lias been deemed ad mis -
sible. Nay, i-t is proved, that on the 10th of July, John
Burcli, a Secretary of his Excellency, signed in his pre-
sence in the Executive office, on three plats, "John
(lurch, for James Bozeman, Comptroller-general," and
that again on the 13th of August, the day of W hi taker's
induction into office, Burch signed, in like manner, for the
same officer. If James Bozcmau at the. time, was attend-
ing to his duties as president of a hank in Milledgeville,
duties inconsistent with a regular and steady attendance hi
his office, why was not the arm of equal justice at the same
time elevated to deprive him of Ids legislative appoint-
ment? When Mr. Bozeman, during the last spring, went
to Greene county, his duties were performed, icilh the Go-
vernor's consent, during a full week, by a Air. Morgan of
Milledgeville. He took no oath and gave no bond. The
Governor is said by Mr. Wood to have expressed a wish
that Mr. Clayton "would do his own business—but be per-
milled Mr. Gary to act for Mr. Clayton. Mr. Gary took
no oatli, and gave no bond.
Your committee are informed by the evidence, that when
Col. Hammond left Milledgeville, his office was well fur-
nished with blanks of every description. This had been
the practice of his office, and this was the practice of the
Governor. Unfortunately the number of blanks for grants
of land, was exhausted before the Colonel returned. The
Governor went fo Athens in July, also leaving blanks—if,
peradventure, the number of his blanks had expired, and
the citizens, wanting grants, had applied at the Executive
office, your committee are induced to doubt if they would
now hear of an extension of the executive theory. We
consider that his Excellency virtually sanctioned Craw-
ford's acting. Mr. Crawford swears that before the Gov-
ernbr went to Athens in July, he told him that Hammond
had left a power of attorney to act for him, and that 110 oh-
jection was made to his use of it. Air. Askew confirms
the statement. These gentlemen do both depose that after
tho'Govemor was informed of the power,,he sent grants to
the secretary's office to have the great seal affixed, arid that
14
Ht was <1guc. Mr. Crawford swears that 6ven after a Ver*
lal order on the 12th of August, from the Governor, not to
sign for Hammond, the Governor ordered- him to affix the
great seal to certain grants. If Mr. Crawford wascjualb
lied to do this most important duty of the secretary's office,
it is matter of surprise to your committee that he should
not have been qualified to certify the registration of a
grant.
Your committee consider that Mr. Crawford was justili-
ahle in acting, notwithstanding the verbal order of the Go-
vernor to the contrary—and that he is not subject to ceil-
sure for having subsequently defended the offico of his em*
plover.
5. The fifth charge is,4< That the Seal of the State had
been transferred to a mere boy, acting under no oath or le-
gal responsibility."
That Crawford acted under no oath, and gave no bond,
t's true—hut that he is a mere boy, a youth raw and inex-
p eric need as his Excellency must intend to intimate, is not
true. He is a young man of respectable character, 24 years
of age, and of considerable experience in the duties of the
office of Col. Hammond. We are instructed by the the
testimony, that his Excellency did himself at one tune de-
liberate on the propriety of .appointing him. The Compr
troller-general says that Crawford was the most compe-
tent when Whitaker was appointed; and that he would
Jiavo given the appointment to Whitaker, only because his
£{ standing in society was better known." We now learn for
# c_5 «/
the first time, that a man?s claims to office are to be measur-
ed by his i£ standing in society" and not by Iris talents, ex»
perience, or worth. Mr. Crawford was competent to the
duties assigned him ; and we believe that during the ab-
sencc of Col. Hammond, no person's business at the office
of Secretary of state was neglected or refused to be done,
but was on application executed vitli correctness and ties-
patch until the Governor interfered. If he were a mere boy,
we would ask with deference, why did his Excellency
leave the records of the State exposed when he went to
Athens? "Why did he not shut up the office, rather than
it:onthine it under the care of this boy?
0. The sixth declaration of the Governor is ££ That the
Executive mentioned to Mr.' Whitaker that it would be
gratifying to the Ex ecu tire, he should resign the office, in
13
the event of the return of Col. Hammond, and that he
should retain the clerks then in office.
Mr. Wood delivered such a message -to Mr. Whitaker.
But Mr. Whitaker recollects no particular discourse with
his Excellency on this matter—cannot say he accepted the
office under any conditions—and declares he considered h
was discretionary with him to resign or not. His Excel-
iency's respect for the feelings and rights " of Col. Ham-
tuond was not sufficient to make the timely resignation of
Wliitaker the sine qua non of his app'ointrnent. If. there
Iiad been much "solicitude for his welfare" his Excellency
would have pressed the subject in conversation with Whit-
aker. He might have withheld the office if Whitaker had
refused to resign. We are compelled to doubt the existence
of such solicitude, from this further consideration. Mr.
Whitaker states, that on the evening of the 17th August
in a disco irse with the Governor, inquiring whether he
should resign or not, the latter' expressed an indifference
about his resignation ; and Major Jones states that on the
l9th, Whitaker told him that he unshed *o resign when
Hammond returned, but that the Governor was not willing.
Your committee is at a loss, then, in their search for evi-
deuce to support his Excellency's suggestion, that " The
principal injury sustained by Hammond is attributable to
his own indecorous, rude, and vulgar conduct, on his return
at his tirst interview with the Executive."
Reviewing the entire subject,.your committee feel it now
their doty to say, that, in their opinion, the removal of
Hamntond was an act of power, not of right. They con-
sider that no vacancy was caused by Hammond's depar-
ture, or by his deputation of Crawford; and they detect,
in the whole transaction, no circumstances which authorise
them to make a report more favorable to Gov. Clark.
They, to preserve the charter of our liberties from for-
ther misconstruction, wilful or ignorant; to aidj the Judi-
ciary in giving a correct interpretation 5 to throw an add!-
tional sacredness around the laws ; and to protect individ-
nal right, offer respectfully the following resolution :
Resolved by the House oj Representatives of the Stale
of Georgia, acting for the people thereof, That, in the
appointment of Simon Whitaker, on the tof .August
la-sty to the alike of Secretary of State, thereby removing
Abner Hammond from the same, John Clark, Governor
of the said state, assumed to himself an authority not
given to him by a fair and rational interpretation of the
constitution of his counfry.
JIINOTfiS
op the
SPECIAL COMMITTEE
10 wh05i was refer rep so much op the
GOVERNOR'S MESSAGE
as relates to
&bnex Hammond,
SECRETARY OF STATE.
Representative Hall, 18th November, 1822.
The Select Committee to whom was referred that part oftheGover
nor's message relating to Col. Abner Hammond, met.
Present, Messrs. Abercrombie Jackson
Cuthbert Sheftali
Upson Lawhon
Campbell Hutchinson
Kenan
All the members being present, they proceeded to make choice oi
a Chairman : on counting out the votes, it appeared that Mr. Aber-
crombie was duly elected.
On motion of Mr. Jackson,
Rpsulved, That his Excellency's communication, and the accompa*
Dying documents, be referred to a sub-committee.
The subcommittee named by the chairman are, Messrs. Jacksoj^
Vpson, and Cuihbert.
The committee adjourned, subject to the call of the chairman.
3
18
Representative Halx, 2 Is? November, 18-S;
Committee met.
Present, Messrs. Abercroinbie
Upson
Campbell
Jackson
Cuthbert
Sheftall
Kenan
Lawhon
The committee proceeded to make choice of a clerk: on counting
out the ballots, it appeared that William H. Torrance was duly
elected.
The sub committee, to whom was referred the Governor's message,
with the accompanying documents, reported as follows :
"They respectfully recommend that testimony be taken on the an-
nexed allegations contained in the Governor's message—his Excel-
lency to furnish evidence in the first instanc e to support them, except-
ing the three first allegations, which being negative in their character,
must be considered to be true until disproved. After the Governor's
evidence lias been heard, Col. Hammond's testimony is to be received
and heard; a list of the allegations being presented to him in suffi-
cient time: and Col. Hammond will be allowed to offer to the atten-
tion of the committee, any matters connected with the circumstance
of his departure from the seat of government, and the appointment
of Mr. Whitsker, which he may think proper to allege, and the spe-
cial committee will admit as matters proper for proof.
"The sub-committee submit certain points which they think partic-
ularly worthy the attention of the special committee : and this report
being only in part, the sub-committee will probably deem it necessary,
i? /the course of the investigation, to furnish other subjects not now
t Aermined on, for the regard of the special committee.
1 J" Respectfully submitted.
a Allegations of his E.vcllency the Governor, with relation to th
late removal of Col, Hammond.
1. "That for a month previous to the 12th of August last, Co!
Hammond absented himself, without the knowledge of the Governor,
from the seat of government.
2. " That he did not state to the Governor the length of time he
intended to be absent.
3. " That he did not intimate to the Governor the place whither ht
was going.
4. " That a clerk, contrary to the express orders of the Governor,
persisted in the discharge of the duties of the office as deputy, actio,
solely under a letter of attorney from Col. Hammond, and sinning h's
individual name for that of the Secretary: 'Thomas li. Crawford, fo
Abner Hammond, Secretary of State.'
5. " That the seal of the state had been transferred to a mere bn,r<
eictirig under no oath or legal responsibility.
i&
c. " That the Executive mentioned to Mr. "Whitaker, that it would
be gratifying to the Executive that he should resign the office in the
event of the return of Col. Hammond, and that he should retain the
clerks then in office.
u Additional matter on which it is proposed to take testimony.
1. "As to the knowledge which the Governor had of the fact of
Hammond's leaving the seat of government.
2. " As to the knowledge the Governor had that Hammond had
left a power of attorney with his chief clerk, and the time when the
Governor came to that knowledge.
3. "As to the contiieuatyce of Thomas H. Crawford in the discharge
af the duties of Secretary of State after the orders of the Governor
lo the contrary, and what the particular acts were which the Governor
ordered Thomas H. Crawford not to do. .
4. " As to the particular acts which Thomas II. Crawford did do
contrary to the orders of the Governor, and when those orders were
.given. '
5. " As to the age of Crawford, and his capacity to act in the office
he was left in by Col. Hammond.
6. " As to the time when the Governor expressed to Mr. Whitaker
his wish that he should resign on the return of Col. Hammond—
Whether before or after the appointment of Mr. Whitaker.
" Resolved, That his excellency the Governor be respectfully re*
quested to transmit to this committee the executive order appointing
Simon Whitaker Secretary of State; and also all such orders of his
f>redecessors as have not been submitted to the house, as relates to
eave given officers of the government for absence; and also all or-
ders which relate to the Executive requiring the return of any officer
or officers to the seat of government, or the performance of his or
their duties.."
On motion of Mr. Campbell,
Resolved, That the report of the sub-committee lay on the table
until to-morrow, and that a copy of the same be handed by the clerk
to each member of the special committee.
Committee adjourned until the morrow, 3 o'clock, P.M.
The report of the sub-committee of yesterday was takep up and
agreed to without amendment.
Kepresentativ£ Hall, 22d November, 1822.
Committee met.
Present Messrs. Abercrombie
Cutbbert
Sheftall
Kenau
Lawhon
Upson
Jackson
Campbell
%<y
1^18 sub-committee made a second report, which was taken up and
agreed to, and is as follows,
" The sub-committee to whom have keen referred so much of his-
JSxceileuct's communication as relates to Abner Hammond, and the
accompanying: documents on the seme subject, further report.
'f Ttuit f e haye determined to recommend to the special committee
that te&u wH.y be taken on the allegations contained in the Governor's
message,# c t »re numbered below, and that toe'se allegations be con-
sidered as natters for examination distinct and separate from those
contained ?n the report already submi ted, and aS <*.8H mg Col.
Hammond alone, and not affecting the question,' whether the power of
appointment to the office of Secretary of stale has been legitimately
exercised. The sub committee view the allegations now submitted
as matter for ulterior and distinct measures, with reference to the gen-
tlemen therein ci ncerned.
" Res, ectfuljy submitted.
" His Mjxcellency'>s allegations affecting Jlbner Hammond.
" I. That the conduct of Col. Abner Hammond was indecorous,
rude, and vulgar, on his return at his first interview with the Execu-
tive, and with the person appointed in his place.
" 2. That Col. Hammond has often been unable from various causes
to sign his name, and frequently got one of the young men in the of-
fice to do it for him. » '
i " This allegation, it is recommended by the sub committee, will he
investigated in relation to the time elapsed sinjpe the last election of
Col, Hammond, and hot to any previous time."
On motion of Mr. Jackson,
Resolved, That his excellency the Governor be, and he is hereby re-
spectfully requested to furnish the chairman of this committee with a
list of witnesses during the forenoon of Monday. That ihe clerk do
forthwith furnish his Excellency wirh an abstract of the proceedings of
the committee; and that this committee will meet on Monday after-
lioon at 3 o'clock, P. M. in the Representative hall to commence the
examination of witnesses, and will continue the examination thence*
forth from day to day, Sundays excepted.
Committee adjourned.
Representative Hall, 25th November, 1822. -
.Committee met.
Present, Messrs. Abercrombie Lawhon
Upson Kenan
Campbell Sheftaji
J&cpon
21
Mr. Kenuh moved to reconsider so much of toe minutes of the las;
meeting as confines the examination into the cond'At of Col. Ham
mond to the period which has elapsed sin r ha election ; which
Upon the question being put and the vote take i w„s tost.
On motion cfi Mr. Upson,
Resolved, 15 his committee, that they will, and do hereby adopt
the rules of House of Representatives for the government of said
committee in their proceedings, so far as such rules are deemed to be
applicable.
The chair.ii .n laid before the committee a communication from the
Governor, containing the names of his witnesses, which was read., ami
is as follows.
" List of fitnesses <o be referred to in support of the allegations
against ,'vbner Hammond. .
"JohnBurch. Benjamin Cleveland, Elisha Word, James Bozernan,
.Tames \skew, Vhoinas 11. Crawford, A. B. Beckham, and Ehodorn A.
Greene.
" The Governor reserves the right of introducing any oirer witness-
cs either in the direct or rebu'tujg proof which circumstances may
suggest in thecour e of the irvestigal on.
"To obtain t( e orders calmd for by dm comsrit'ee will require much
search, They ' ill be furnished as speedily as rorveiue'nt.
" Milledgevilie, forenoon Monday, 25th Nov. i822gf
On motion of Mr. Upson,
Resolved, U at this committee v. ill now proceed to the examination
of the witnesses named by the Governor", in support of the allegations
mentioned in his message, as to the points contained in the first re-
port of the sub committee.
JHso resblveilj Inat the said witnesses be called in and sworn.
On motion of Mr. Jackson,
Resolved, Thai .he chairman appoint mn)f/ two members of thjs
committee to examine the witnesses that may be irrrodueed.
fin pursuance of which tire chairman appointed Messrs. Upson and
Campbell.
On motion of Mr Upson,-
The following was adopted as the oath to be administered to the sa-
vera! witnesses.
"The evidence you shall give the committee to whom was referred
so much of the Governor's message as »elates to Abner Hammond,
shall be the truth, the whole truth, and no tiling hut the truth. So help
you God."
Mr. Burch was introduced and sworn, and fieposeth as 'allows-
" On Monday the 12,h of August last, Tin; »•.♦> £1. ,Cr£. vford bring '
;n the Executive officoj was verh.fi iy ordered by .he Governor rot o
sign grants for Col. Hammor.d. On that day Mr. Lodowick A-hley
Adt a plat with me and requested me ty have it carricij.. into a giasM
.2®
for him. On the next day, the 13 th, after Mr. Whitaker had been in*
<lucted into office, Ashley's plat was sent or carried to the office of Se-
cretary of state, and soon thereafter it was returned to the Executive
office with a grant annexed and signed * Thomas H. Crawford, for
Abner Hammond, Secretary,' or signed 'Abner Hammond,' in the
hand* writing of Crawford ; the exact way in which it was signed I do
not now distinctly recollect, but the signature was so objectionable
that I carried it back to the office of Secretary of stat6, and there cut
the grant from the plat, and requested Mr. Whilaker or young Mr.
Beckham to annex another grant to the plat, which was done, and the
grant is now in the Executive office. I have seen a grant for lot No.
48, in the district of Henry, signed, * Thomas II. Crawford, for Aoner
Hammond, Secretaryit is dated the 12th of August, 18:22, and is
now in the Executive office, but whether it was signed before or after
the verbal order given by the Governor to Crawford on the 12th, 1 am
unable to say."
Cross-examined. .
" The Governor's order on the 12th was verbal. I saw two grants,,
one signed on the 12th, the other on the 13th. The order given, was,
cot to sign forTIammond.
Direct interrogatory to the witness by Mr. Campbell.
Was the business of the Secretary pressing on the 12ffi August?,
Jins. About as usual. Seven hundred grants or upwards issued du-
ring the fourth quarter—say from five to nine a day.
I am unable to say at what time the existence of the power of at-
torney from Hammond to Crawford came to the knowledge of the Go-
vernor. The usual place of keeping the Great Seal is the Secretary
of state's office. I do not know of its being removed from that of-
lice, or af its having been restored to Jthe Executive gt any time by
Col. Hammond on his leaving the office, or by Crawford, afterwards.
I have seen either the record book in the office of the Secretary of
state where the power of attorney from Hammond to Crawford is re-
corded/or the original power itself, and one or the other was signed
' Thomas II. Crawford, for Abner Hammond, Secretary,'
The Governor, in a conversation with me, before the appointment
of Whitaker, spoke of appointing Crawford, but said, Hammond
might die before his return, and that Crawford, would or might then
hold the appointment till the meeting of the legislature.
Thq Governor thought Crawford, too young and inexperienced to
hold a permanent appointment to so important an office, and he feared
such an appointment might be considered injudicious. On being ask-
ed by the Governor, 1 concurred with him in opinion respecting tl.v ,
appointmcnt-of Crawford.
The committee adjourned until to-morrow 3 o'clock P. M.
Without having gcjie through the examination of Mr.Burch.
m
Representative Hall, 26th November, 1822.
Committee met.
Present, Messrs. Abercrombie Lawhon
Upson Shcftall
Campbell Kenan
Jackson Hutchinson
Mr* Burch was again introduced, and his examination continued.
Interrogatory by Mr. Campbell.
When you, as Secretary, were about to make out the order appoint.-
ing Simon Whitaker Secretary of State, did the Governor express
any wish, or give any direction that the order should be temporary,
and only confer the appointment until Col. Hammond's return?
Jlns. While I was drawing the'executive order, on the 12th August,
1822, the Governor came to where 1 was sitting, and looked over me,
W hen I came to that part of the order that confers the appointment,
he told me to stop, and expressed a wish to make the appointment
only during the absence of Col. Hammond; but on my turning over
to the clause of the constitution under which it was made, and after
he had read it over, he remarked it was clear the appointment could
not be made temporary, and directed me to proceed with the order.
Interrogatory by Mr.- Upson.
Did you, or did you not, turn to the constitution and tell the Gov-
emor that he could not make any such temporary appointment, and
was that not th6 reason why it was not inserted in the executive or-
der ? *
Jlns. As I have before stated, I did turn to the constitution, and I
did tell the Governor that, in my opinion, the appointment could net
be made temporary, and at the same time consistent with the consti-
tution. As to the reason that operated on the mind of the Governor,
I cannot say any thing.
On motion of Mr. Campbell,
Resolved, That the messenger of the house be directed to notify
Mr. Thomas II. Crawford, that the committee to whom was referred
that part of the Governor's message which relates to Col. Hammond,
require his attendance in the representative chamber. The committee
also require that Mr. Crawford bring with him the power of attorney
given him by Col. Hammond in July last. Also the record book in
which such power is recorded.
In pursuance of the foregoing resolution, Mr. Crawford attended
before the committee, with the power of attorney from Col. Hammond
to himself, and the office book in which the same is recorded';
8*1
The fbllov.5n^ witnesses were called in and sworn t
Elisha YVuo.'l, Thomas 11. Crawford, Benjamin Cleveland, JafhVs
Bozeman, and James Askew.
Mr. Cleveland was examined.
Inters gatory ly Mr.' Campbell.
Were you here on he 12th of August last, and if so, did you hear
the Governor give Mr. Crawford any or ders not to sign or to perform
any act for the' S«cre ary of State as Secretary of Stale?
Jlris. On i,vy 12-h of August last. 1 went into the Secretary of State's
office, with a p'at io get a grant annesed for a man by the name of
Disharoon who resides in Habersham county, and applied to Mr.
Crawford to have it executed, but he seemed diffident about the bUsi-
tress, and declined at that time to do any thing with it. I laid the
plat down on the table and left it there, and told Mr. Crawford I
was in no hurry. After that, and during the same day, I v#.s in the
Executive office, where 1 saw Mr. Crawford, and heard the Governor
teil him :.!nt he musf not perform any act purporting to be as done
by the Secretary o! S-'aty, out Mr. C aw ford manifested an intention
to continue to act; buf on the second o:\1ei being given to Crawford,
which ".a* at the same interview, he did not manifest any intention
whether he would continue to act or not. After this, in the'Same
day, as I was walking through the state-house, or in the yard, but I
believe *n the passage of iiie state-house, Mr. Crawford called, to me
and said that my business was done, and handed me a grant for Di-
sharoon, signed " Thomas 11. Crawford, for Abner Hammond, Sec*
retary,"
Interrogatories oy Mr. Upson.
1. What time of day on the I2ih of August, vyas it you were in the
Executive otfn e with Thomas H. Crawford ?
J!as. I believe it was between one and three o'clock in the after-
noon.
2. Were the orders of the Executive verbal or written ?
Jlns. They were verbal. '
3. Was the grant to Disharoon signed by Thomas II. Crawford lie-
fore or after the orders given him by the Governor ?
Jlns. I do not know whether Crawford signed JDisharoon's grant
before or after orders given him by the Governor, I was not present
T when the grant was signed.
Committee adjourned Until to-jmorrpw, 9 o'clock, A, 3L
as
Representative Hall, 27th November*'!
■JVine o'clock, A. M.—Committee met.
present, Messrs. Abercrombie
LawhOn
Sheftall
K-nan
Upson
Campbell
Jackson
Hutchinson
Thomas H. Crawford was introduced and examined^
Interrogatories by Mr. Campbell.
1. Have you acted as Clerk in the office of Secretary of State, arid.
•jf so, liow long ?
Ans. I have, and commenced on the third day of last December.
2. In the course of that time, has Col. Hammond been occasionally
absent from office, and how long at any one time, previous to July
Ans. I do not recollect of his having been absent at any time more
than a week, and that,was from indisposition—but the precise time
,1 do not recollect.
3. How often has Col. Hammond been absent from office from in^
disposition ?
Ans. His temporary absence has been frequent, from fits of rheu-
matis.n.
4. Do you know any other cause of Col. Hammond's indisposition
except rheumatism ?
Ans. None.
& Have you ever known him disqualified for business from any
other cause ?
Ans. Not during office hours.
ft What are office hours ?
Ans. From eight o'clock in the morning until near sun-set, allots
ing about one hour for dinner.
7. W ithin these hours have you ever known him .disqualified for
business?
Ans. I have never seen him disqualified at any of those times.
ft Has Col. Hammond often'been in town and not in office?
Ans. Yes.
$ O.i none of these occasions have you never known him disqutd*
f\jr business? *
Aps. ,Never saw him sp.
last ?
4
Id "Has he not spent many days in town without being in office*btit
a very small portion of the day ?
Jlns. I believe he was speul many days in which but a small puriioji
of the time was spent in office.
11. When did Col. Hammond leave here for the low couutry?
4ns. On or about the 11th of July.
12- When did he sign the power of attorney ?
4ns. On the 9th of July.
13. Did you record it?
«ins. 1 did.
14. When was it recorded ?
tins. On the 11th of July.
15. When did Col. Hammond return?
Jlns. On the 17th of August.
16. Did you ever sign the Colonel's pame to any official document'
previous to the 11th of July ?
Jlns. Yes, when he was unable to do it himself.
17. Did you ever know others to sign the Colonel's name?
4ns. Askew has done it.
18; Have you evtr known any body else do it?
4ns. Not within my knowledge.
19. Have you ever had any power of attorney except the one now
produced ? '
4ns. None written.
tO. In Col. Hammond's absence, in August last, were you directed
t?y. the Governor, and when, not to proceed in the business of the of-
fice of Secretary of Slate? *
4ns. On the 12th of August last, in the evening, I was ordered by
the Governor not to sign grants.
21. Did not the order extend to the business of the office generally?
4ns. The order was not to sign for Col. Hammond.
32, Did you sign any grant or official paper after the Governor5?
Orders ?
4ns. Yes. I signed some grants—how many I do not recollect.
23. Did you sign a grant for Gen. Cleveland after the Governor^
prder to the contrary ? J
4ns. Gen. Cleveland's grant was signed after the orders*.
24. Did you sign any other paper ?
*fbi$,*None except grants.
$$ Where was the seal of the state in 6ol. Hammond's absence ? (
jH„s It remained in the office of Secretary of State the whole timk
26 In whose care was the seal left—was it with you particularly t
jius. The office and all the records were left in my charge.
27 Hid you give any bond# or take any oath, for the discharge of
your dory
.ins. Neither.
Committee adjourned until three o'clock, P. M. without closing Mr.
Crawford's, examination.
Re pre s e nt ati v e Hail, 27 th «7Vovemher, 18§%
Xtiree o'clock P. M.—Committee met.
Present Messrs. Abercrombie Lawhon
Upson 'Kenan
Jackson Campbell
Cu hbert Hutchinson
Sheftall
Mr. Crawford's examination was continued by Mr. Campbell#
. 1 1. Int. Have you lived at the house of Col. Hammond at any time
during this yeai, and if so, how long ? f
%ins. I have lived there since the &1 day of December last, with thft
^exception of about a fortnight.
Cross-examined by Mr. TJpson,
Int. When did Col. Hammond leave the seat of governmentf
£ns. About the 11th of July last.
3. For what cause did he leave it ?
jjws. For the cause of recruiting his health.
& Was the cause of his leaving it generally understood'?
Jlns. I believe it was. It was understood by those abouCthe stated
bouse.
4. How long did Col. Hammond expect to be absent when he. leQ
the seat of government ?
Jins. The time appointed for his return was about the first of Sep*
tember.
5. Did the Governor know of Col. Hammond's leaving the seat of
govern men t-^if £o,"'at what time did be come to the knowledge of it?
'2$
-dins. Ijlo.not Jtnow that he,knew it at the time. Major Wood, on£"
•of his. ecretaries came into the Secretary of stated office "when I was
recording the power of attorney on the 11th July, and I requested
him to inform the Governor of the power of Attorney, and he said he
Would.
•6 D$d the Governor at any time between the 11th July and the 12th
of August object to your acting in the office for Col. Hammond under
the power of attorney ?
Am. He did not object within the time stated. Previous to the
Governor's departure for Athens for the commencement, which I be-
lieve was about the 27th July, he came into the Secretary of state's pf-
lice to get some blanks to sign, and to know if there were enough to
serve during his absence, and asked me what I would do when the
blanks that Col. Hammond had left should give out. I told him that
Coh Hammond had left a power of attorney for me to sign for him, to
which he made no objection,
•
7. Did not the Governor between the 11th July and 12th of August
often send grants and other papers to the Secretary of state's ofiicd
for the great seal to be annexed, and after he had a knowledge of the
absence of Hammond, and was not the great seal annexed by you ac-
cording to his order to all papers sent to the Secretary of state's office^
Am, The Governor often sent grants and other papers to the Sec-
retary of state's office between the times mentioned to have the great
.seal affixed, and after he knew of the absence of Col. Hammond, and
the seal was affixed to such papers in pursuance of the Governor's
orders*
8 Who did the business of the office when Col. Hammond was sicl^
♦flits. Myself and Askew, another clerk.
9. Did the business of the office ever suffer in consequence of the
absence of Col. Hammond from sickness ?
Ans. I do not remember that the business was ever retarded on ac-.
count of the absence of Col. Hammond.
10. Did th* business of the office ever suffer by Col. Hammond'^
being in town and not in the office ?
Am- No,
11. Did jou or Mr. Askew ever sign the name of Col. Hammond
without his direction ?
Am..-1 have; but it was on account of sickness, and it was for the
same reason that Askew signed for him ; but I never signed without
the order or permission of Col. Hammond, neither do I know that As-
hew*ever did.
12. .Did the Governor ever know of Col. Hammond's absenee from
his office previous to July last. If yea, did he "ever require of Col,.
Hammond to ask his leave for absence?
Am. Yes, he luG, for I have at the request of the Governor, carried
to CoU Hammonds house some official papers for him to sign : and he
was uiways absent without leave so far as I know,(
13." Did Col. Hammond at any .time, when out of, or absent from hiq.
"office previous to July last, obtain from the Governor any leave to be
absent ?
Jus. Never that I know of. The day before Col. Hammond left
the seat of government in July last, he asked me where the Governor
kept himself; I told him that I expected he kept himself in his office s.
he replied that he had been there two or three times to see him to in.
form him that he was going away, but could not find him, but did not
consider it absolutely necessary that he should notify him, and at (hat
time gave me the power of attorney which he said might prevent any,
difficulty.
14. In what way does the Governor give orders for the great seal to
be annexed to papersi
Jns. He does nothing more than sign his name to the paper to-be
sealed, and then sends ft to the Secretary of state's office.
15. Did you ever annex the great seal cf the state to any pap££
contrary to the orders of the Governor i
JtlS. No.
16. At what time did the Governor give you orders not to sign grant#
for Col, Hammond ; and were those orders verbal or written ?
Jlns. On the evening of the 12th August last, the Governor ordered
mc not to sign grants for Col. Hammond ; he ordered me to affix the
seal of the state to some grants, but not to sign them, and said that his
name gave validity to the grants, and not the Secretary ot state. The
orders were verbal. Previous to that the Governor had the power of
attorney in his office.
17. What was the first written order which you saw from the Gov*
ernor respecting the absence of Col. Hammond, and by whom was that
order shewn to you, and at what time ?
Jlns. The first written order I saw from the Governor respecting the
absence of Col. Hammond was an executive order dated the 12th. Au-
gust, declaring the office of Secretary of state vacant, and appointing-
Simon Whitaker. It was shewn to me by Mr. Whitaker between
three and four o'clock in the afternoon'on the 13th day of August last>
which was a considerable time alter he had befen in office.
18. Did you attempt to perform any official act for Col. Hammond.-
after any written order was shewn you from the Executive ?
Jlns. No, I did not.
19. If you were left in possession of the Secretary of State's of-
fice, the records, &c. how came you dispossessed of it; when was it
done, by whom, and in what manner was it done ?
Ansr I was left in possession of the office, the records, &c. by Col.
Hammond. On the 13th day of August last,in the morning, the Go-,
vernor ordered me to give up the key of the office, to which 1 refused,
The Governor then ordered the lock to be taken from the door and an-
other put on that Mr. Whitaker might get the key. In the first ins
Stance one of the Governor's secretaries came* into the office with a
carpenter, and ordered him to take oft* tlje lock from the door. Some
BO
-t&fistance Was made, by the person acting for the Secretary, when at*
affray commenced ; some persons came in and parted them, and im-
mediately afterwawds the Governor came in and ordered the carpen*er
tq take off the lock, and said he had the control there, and was responsi-
ble for the consequences : then it was 1 quit the office, or shortly after.
This was done between three and fotir o'clock in the afternoon of the.
13th, as near as I can recollect.
20. Was any inventory Or schedule taken of the records and papers
of the office ?
Jlns. None before I left it.
21. What is the mode of doing the business of the Secretary of
state's office; is it wholly done by the Secretary himself, or is it
done by clerks, and how many of them are necessary to the perform-
ance of the business of the office ?
Jlns. Tne principal part of the business is done by clerks ; the Sec-,
rotary does little else than sign his name; the business of the office re-
.qunes two clerks.
22. Does the Secretary sit in the office and sign each paper as it is
called for, or does he before the various papers of the'offit e are want-
ing sign a large number of each kind, v hich are in blank and the clerks
then fill them up as they may have calls for them P
•, Jlns. The Secretary does not sit in the office and sign each paper as
it is called for. but the common practice is for him to sign a large num-
her in blank, and they are filled up afterwards as called for, by the
clerks.
23. What situation did Col. Hammond leave the office in when he
went away i did he not leave a large number of blanks of every kind
tTsuaily used in the office ?
Jlns. He did.
124. Did or did not the clerks of Col. Hammond, and in his absence,
Hetween the ll h of July arid the 12th of August, issue a great many
-of the blanks which were signed by Col. Hammond before he Left the
•areat of government ?
Jlns. Ve3, they did.
"25; Was the Governor acquainted with the mode of doing business
i!n the Secretary of State's office previous to the 12th Aug. last, and
! did you ever hear him object to business being so done B
Jlns. I think he was acquainted with the mode of doing business in
mat office, but never heard hirn object to it. He has made some ob-
Jection to Col. Hammond signing papers before him.
26. Was there, or not, a large number of blanks of every descrip*-
tion in the Secretary of State's office ori the 12th of Aug. which had
been signed by Col. Hammond before he left the seat of government?
Jlns* There were, of every description, except blank'grants for the
late lottery.,
2Z. Did or did not the Governor absent himself from the seat of
government for some weeks previous to the I2tb Of Aug. j and did he
toot know, befofe he left the seat of government, that you were theft
acting under a power of attorney from Col. Hammond, and did he
bbject to i< ?
Jlns. The Governor left the seat of government some time in July,
antJ was absent I believe as long as a fortnight. Previous to his do-
parture, I informed him that I had a power from Col. Hammond to
sign for him, and he made no objection to it.
28. In what situation was the office on the 13th of August as to its
business ; was it in a deranged state, or not ?
Jlns. Fiom whai I have understood, it was in better order than it.
had been since Col. Hammond came into it,
t S9. Was any person's business neglected or refused to be done durr
jng the absence of Col. Hammond ; and was not all the business of
the office execu ed with accuracy and dispatch until you were dispos-
gessed of the office ?
tins. During the absence of Col. Hammond, no person's business
at the office of Secretary of State was neglected or refused to be done j-
but was, on application, executed with correctness and dispatch, untii
the evening of trie I2ih of August, when the order given by the Gqs
ehior caused some delay.
Witness examined again by Mr, Campbell.
1. Interrogatory. Did the Governor order you to affix the seal tp
tnore than one grant ?
•fins. He did: and ordered me to affix it to all that he had signed f
saying it was his name that gave validity to the grant, and not that .<JP
the Secretary of State.
2. In what way did you get authority to sign for Hammond ?
Jlns, By his telling me to do so. I ha?e frequently carried paper®
to him to be signed when he was sick, when he told me to sign theffl
for him.
3. Was it in office hours you carried papers to him to sign ?
Jlns. Yes; in going to dinner I have carried'them.
4. Was Col. Hammond disabled on those occasions from any Gth&
cause besides sickness ?
Jlns. None that I know of.
6. Were persons ever put to the necessity of going to Col. Ham-
Diond to get his signature ? • f
Jlns. Yes; the number of times I do not recollect; but they havfc
not occurred often.
6 Have you ever signed for Col. Hammond when he was not pit-
sent, or have you known any other person to sign
Jlns. I have signed for him when he was not present, and eq
•Askew,
- If. Would not the business of the office have suffered if you anil
Askew had not signed f
tins. It would have been delayed.
8. Was not the Governor in daily attendance about the time that
Hammond went away ? <
tins. I do not know : I never went into the Executive office unless
} had business, and I do not recollect of having seen him from dyy
to day.
9. When was Whitaker put in office?.
,1ns. Between nine and ten o'clock.
10. What time of day was the lock taken off on the T&th ?
.ins. I believe it was about four o'clock in the afternoon.
11 Did not Whitaker do business from the time he went into officet5"
.ins. Immediately on Mr. Whitaker's being brought into office t
■went out, and was absent near an hour; when I returned he was do,-
ing some business.
'12. Did he not continue until evening to do business?
Jlns. He did.
13. At what time does the Secretary sign a grant, and in what place?
Jlns. He generally signs grants before they are filled .up, and that
oh the back.
14. Is it to the certificate of registry that the Secretary signs his
feme ?
.ins. It is, and in no other place.
*15. Are not applications often made for other papers besides grants
which the Secretary has to sign f '
Jlns. Yes.
16. Whenever the Secretary is absent, have you been in the habit
of signing such papers for him ?
.ins. I have signed some for him.
17. How do you know that it was within the Governor's knowledge1
that you had a power of attorney before he went to Athens ?
Jlns. I informed him of it, a day or two before his departure for
Athens.
18. Was it within the knowledge of the Governor previous to the
12th of August, that you had signed for Col. Hammond?
Jlns. I do not know.
19. At what time did you first learn that Whitaker was appointed $
Arts. On the morning of the 13!h, when he was conducted in by
fhe Governor.
PA Who did you tljen learn it from ?
43a>
Ans. I had the Governor's word only, who said he had appointed
Mr. Whitaker Secretary of State.
21. Was anything said about a continuance of Col. Hammond's
clerkp ?
Ans. Th» Governor said if t would give up the office he had no
dr\bf bu< that Mr. V\ hitaker would continue me, and Mr. Whitaker
said ne should like to continue me and the other clerk.
P I
22. Did you then resist Whitaker's taking possession of the office!?
Ans. I told the Governor I did not feel authorised to give it up to
any person but Col. Hammond. He had left the office in m^ charge*
and that I felt bound to deliver it up to none else.
Cross-examined by Mr. Ujpson.
1. Interrogatory. Was Whitaker capable of performing the duties
of the office; had he any information about them j and did he not'
apply to you to remain with him in office?
Ans. 1 do not think he has much information about the duties of
the office, for the reason that he employed clerks that had wrote in
the office previous. He said he should like to continue me and the
other clerk.
2. When the Governor leaves the seat of government, is he not in
the habit of signing blanks and leaving them ; and did he not inform
you when he was about to go to Athens, that he wished to get blanks
to sign ?
Ans. Yes.
3. Is it not the practice in the Surveyor-general's office to sign'a
large number of blanks before they are wanted, and leave them in the
office to be used by the clerks when called for ?
Ans. It is.
4. Have you not known that the Governor has been absent from the
seat of government frequently ?
Ans. I have known him to be absent once or twice during the pre-
sent year.
5. Have you ever known of any papers having to be carried to him
to sign when not in office: And is he at all tiroes in office during
office 'murs, when in town ?
Ans. 1 have known papers carried to him to his house to sign, when
the persons applying for his signature could not find him in his office*
He is not at all times in office during office hours when in town.
6. Have you ever known of any person's having to wait for business
on account of the absence of the Governor from his office ?
Atts. I have.
5
Interrogatory by Mr. Campbelk
L What was the reason that the look was required to be taken off?
Jim. Because I refused to give up the key to Mr. Whitaker.
The committee adjourned until to-morrow 9 o'clock A. M.
Representative Hall, 28th November, 182£.
Nine o'clock, Jl. M.—Committee met.
Present, Messrs. A-bercrombie Cuthbert
Upson Campbell
Sheftall Lawhon
Jackson Hutchinson
Kenan
Mr. CRAWFORD was again examined by Mr. Campbell.
1. Interrogatory. At the time the Governor came into the pffice;
previous to his selling out for Athens, did he carry any grants out
with** .1m ?
.ins. None.
5. Who were present at the time besides yourself ?
Jlns. There was no other person but myself when the Governor
came in, but Askew came very soon afterwards,
3. Did Askew hear the conversation between you and the Gov-
ernor ?
Jlns. He heard a part.
4. Who was present when Major Wood saw you recording the
power of attorney ?
Jlns. I bekeve"Askew was in the office, but am not certain.
5. At what time did you refuse to give up the key to Mr. Whitaker?
Jlns. When he was brought into the office.
■4
6. Did you agree to give up the key or any part of the office tafter
seeing the written order ?
Jlns. I did not.
Interrogatory by Mr. Upson.
1. Were any grants ever sent from the Executive department to
the Secretary of state's office to be executed after the morning the
Governor was in that office previous to his going to Athens ?
Jlns. Yes.
85
Mr. AS ICE W was, introduced and , examined by Mr.
Campbell.
v 1. Interrogatory. How long have you been in the Secretary of
state's office ?
Jlns. Since October, 1821.
2. Have you ever signed the name of Col. Hammond to office
papers ?
Jlns. I have.
3 Have you ever had a power of attorney from him &■
Jlns. No.
4. Were you in the office atmiy time when the Governor applied
for granfs in person to be signed by him for use in hisabsence ?
Jlns. Yes.
5. When was this ?
Jlns. I have seen him come in frequently for them and once just
before he went to Athens.
6. State what the Governor said at the time he applied just before
he went to \.thens.
Jlns. He asked Mr, Crawford if there were grants enough signed
to Idst until he came back; Mr. Crawford replied that he had signed
all tne blanks that were printed ; the Governor then asked Crawford
what he would do when the blanks gave out that Col. Hammond had
signed ; he told the Governor that he had a power of attorney from
Col, Hammond to sign for him. \
7. Did he at that time receive any blanks to sign.9
Jlns. No blank grants.
8. What was the reason that the Governor got no blank grants at
that time ? _ „ . '
Jlns. He had signed all that were printed.
9. Have you ever signed for the Secretary when he was unable to
sign for tiimself ?
Jins. Yes,
10. What was the reason of the Secretary's inability.9
,1ns. Sickness, I believe rheumatism,
11. Have you ever known him from any other cause incapable of
-doing office business ?
Jlns. Not during office hours.
{3
12. Have you known him thus incapable not in office hours-?
Jns. T cannot say that I have.
it 6
Interrogatories by Mr. Upson.
1. Did you ever sign for Col. Hammond without his authority or
direction to do so ?
Ans. No.
2. Did the Governor previous to his going to Athens and when in-
formed by Crawford that he had a power of Attorney to act for Col.
f lam, nor d, r oje. t to his acting under it ?
Ans. He did not.
3. Did the Governor, after he was informed by Crawford that he
had a power of attorney to act for Col. Hammond send grants, &c.for
the Executive to have them executed, and were they executed F
Am. He did, and they were executed.
4. Was it known at the state-house, and among the officers of the
state-house ti at Col. Hammond was about to leave the seat of govern-
ment ?
Ans. I bt Meve it was, and was generally spoken of,
5. Was it known to the Governor that Col. Hammond was about to
leave the seat :»f government 9
Ans. I cannot say positively ; I believe he k1 e .v it, for it was gene-
rally talked of, and I believe Col. Hammond i t mentioned it to Ma-
jor Wood. >
< 6. What was the cause of Col. Hammond's leaving the seat of go-
vernment 9
Ans. On account of his health.
f. How long did he expect to be absent 9
Ans. He said he expected to return about the first of September.
8. Ilad not Col. Hammond been in bad health for some months pre-
vious to the 11th July 9
Ans. He had.
9. What is the mode of doing business in the Secretary of State's
o,|lice; is it all done by the Secretary, or principally by clerks 9
' Ans. It is principally done by clerks.^
10. Does not the Governor and Surveyor-general sign blanks, and
leave them to be filled by clerks in their offices 9
* Ans. Yes.
11. Have you ever known the Governor absent from his office in o,f-
lice hours ?
Ans. I have.
15. Has not the Governor been absent from his office for weeks at a
time*?
Ans. I cannot say positively ; I believe 1 have known him absent
frpm his office for weeks.
37
13. Bid not Mr. Crawford leave the office immediately after he saw
the Executive order in writing, appointing Mr. Wmtaker?
Ans. I believe he left it in a very short time after the written order
was shewn him.
14. Had not a new lock been put upon the door, and had not Mr.
Whitaker (he key previous to the time the Executive order was Shewn
Crawford ?
Ans. I cannot say positively, but I believe so.
15. Did not Col. Hammond sign all the blanks that were printed
before he left the office ?
•/ins. He signed all the blank grants,
Interrogatories by Mr. Campbell.
J. After the Governor had a knowledge of Crawford's power of at-
torney,did he send any papers to the Secretary's office to be executed
which Crawford had signed under the power ?
.ins. No* e that I recollect of until the 12th of August last.
2. Did Crawford sign any grants before the 12th of August?
Jlns. No.
3. Did not the Governo forbid his signing on that day-?
Ans. Not that I heard.
Committee adjourned until 3 o'clock, P. M.
Mr. A skew's testimony not having been closed.
Representative Hall, 28th November, .182B,
Three o'clock, P. M.—Committee met.
present, Messrs. Abercrombie Jackson
Upson" Campbell
Kenan Cuthbert
Sheftall Hutchinson
Lawhon -
llie committee proceeded to the examination of Mr. ASKEW
Interrogatories by Mr. Upson.
1. Was Mr. Whitaker acquainted with the duties..of the office of
Secretary of State at the time he was appointed ?
Alls. I do not believe he was.
Did or did not Mr. Whitaker apply to you to remain in the off er
as
as clerk, and what reason did he assign for making the application to
you ?
Ans. He said that he did not understand the duties of the office,
and requested me to stay: that he would pay me the same that Col.
Hammond had done.
3. Did you hear any threats made to throw Crawford out of the of-
fice: if yea, where were they made, and by whom ?
Ans, The day that Mr. Whitaker was brought into the office by the
Governor, which was the 13th of Aug. the Governor said he would
have Crawford thrown out of the office, or advised Mr. Whitaker to
have it done, 1 am not certain which.
4. Were you present when the Executive order appointing Whita-
ker was shewn to Crawford ?
Ans. I am not certain that I saw it at that time or not.
Interrogatories by Mr, Campbell,
1. The first day that you entered the office were you familiar with
all the routine of business?
Ans. I did not know the whole of it.
2. When you heard any thing said about Crawford's being t!"mv n
out of the office, was he not boisterous and interrupting the pr •.pros
of business?
Ans. He was insisting upon acting in the office, and so was Mr
Whitaker, but I cannot say that he was boisterous.
3. Did you not see Crawford interrupt business on the 13th, by
snatching papers, boisterous conduct, or otherwise?
Ans. No, I did not.
4. At what time did Crawford leave the office ?
Ans. I believe it was about three or four o'clock—perhaps five.
ELI8HA WOOD was introduced and examined.
Interrogatories by Mr. Campbell.
1. During the absence of Col. Hammond last summer, did it come
to your knowledge'that he had left a power of attorney with any per-
son to act for him in office ?
Am. Yes.
2. At what time did you first learn that such a power existed?
Ans. I do nt't recollect the particular day, but some time after Col.
Hammond left here, 1 was in the Secretary of State's office, and saw
Mr. Crawford recording the power of attorney.
2. Was it before or after the Governor set out for Athens?
,1ns. I do not recollect
3'8
4- Was it in the Governor's absence^
Ans. 1 do not recollect.
1
5. Did you inform the Governor that thece was such a power <>f
'attorney, and when ?
Jlns. I did inform him that there was such a power of attorney,
which I believe was on the 12th of Aug.
6. When did the Governor return from Athens..9
Jlns. I believe he returned on the 10th of Aug.: I know that Mon-
day was the 12th, and I think he returned the Saturday previous.
7. When was it first known in the Executive office that the blank
grants for the last lottery had given out.9
Jlns. 1 believe it was some time of the 12.th of Aug.
8. Was it the exhaustion of those grants which excited the inquiry
concerning the power of attorney ?
Ans. I believe it was.
9. Was not a grant sent in signed by Crawford which excited the
inquiry
Ans. As to that I do not particularly recollect.
10. Was that power brought into the Executive office, and when ?
Ans. On the 12th of Aug. the Governor told me to go into the Sec-
retary of State's office, and see by what authority Mr. Crawford was
acting. I went: Crawtord handed me the power of attorney, which
I carried and delivered to the Governor.
11. Did you hear any directions given to Crawford not to act un-
der it ?
Jlns I did. After the Governor had seen the power of attorney,
he sent for Mr. Crawford, who came to the Executive office, when the
Governor directed him not to act under it.
12. Did Crawford act afterwards ?
Ans. It does not come within my knowledge that he did.
13. When the Governor was about setting out for Athens did he
have blanks signed ?
Ans. Il^did.
14. When did the Governor procure grants for signature, and how4
and when did he sign them ?
Ans. I do not know. It is usual for the Governor to send Mr. Fair
for blanks, when he wants them to sign. I have went for ihem occa-
sioquliy myself. In this instance I do not recollect particularly. .
15. Did you communicate to Mr. Whitaker the fact of his appoint-
merit, and what did the Governor direct you to say to him ?
Ans. On the 12th of Aug. after the appointment of Mr. Whi taker,
the Governor directed me to ride out to Mr. Whitaker's and inform
him of tiie event, and if he accepted, to come in early the next mom-
mg; instructing me at the same, time to say to Mr. VVhitaker, that
40
he wished it to be understood, previous to his entering upon the du-
ties of his office, that if Col. Hammond returned he should resign, in
order \ at Col. Hammond might be te appointed—of which instvuc-
lions I informed Mr. Whitaker.
16. Previous to the appointment of Mr. Whitaker, and on the
same day, did you hear the Governor express any regret at the neces-
sity he felt at making the appointment.9
Ans. I did, but at the same lime he said that He thought it his duty
to do so.
17. tie fore the appointment was conferred on Whitaker did you
hear (he Governor speak of conferring the same on any person eiae,
and wh'ȣ
Previous to the appointment of Mr Whitaker, tne Governor
had some conveisatmn with roe on the subject of who would be a pro-
per person to appoint, in which he observed that he had thought of ap-
pointing T H. Crawford, (he having been employed in the office) but
on reflection he thought he was too young, and had not sufficient ex-
pcfience to fill an office of such high responsibility.
18. Have you ar y doubt but that the first time that you saw the
power of Attorney was in the Governor's absence at Athens.9
Ans. I. am not certain whether it was before or after the Governor
went to Athens that 1 saw Mr. Crawford recording the power of at-
torney.
19. Was the Governor's attendance in office pretty uniform about
the 10th July last ?
Ans. It was.
20. Is not the Governor's attendance in office very uniforni' and
puncruai ?
Ana. It is.
21. Have you been in the Executive office when any person else
acted as Governor, and is not the attendance of Gov. Clark much
more punctual than his?
Ans. 1 have been in the office with two other Governors, but Gov-
Clark's attendance is much more punctual than either of tl^m, though
I was with one of them but a short time, and he was very punctual.
Interrogatories by Mr. Upson.
1. Have you acted as Secretary in the Executive department, and if
.-o, how long.9
Ans. 1 have since November, 1816.
2. Did you act as Secretary in that department about the 11th of
July last; if yea, did you know on that day, or previous thereto, that
Col. Hammond was about to leave the seat of Government for a few
weeks ?
Ans. I did. Col Hammond mentioned to me some time previous
to that day that he was going away.
3. Did or did not the Governor know on or before the 11th July
fast that Col. Hammond was about to leave the seat of government
for his health, and what reasons have you for believing that the Go-
vornor knew that Hammond was going away P
Jlns. I have no reasons to believe that the Governor knew that h6
intended going away.
4. W hen did the Governor first come to the knowledge that Ham-
mond was going away—have you heard him say P
Ans. I believe that he knew the day that he set out that he wtf3
gone, for it was generally known about the state-house.
5. When did the Governor first come at the knowledge that Ham-
mond was gone, so far as you know or have reason to believe P
Jlns. I think it very probable that he knew it the day that Cof.
Hammond set out; X knew it and perhaps every person about the
state house.
6. Was you in the Secretary of state's office on the 11th of Julyg
and while there did you not see Thomas H. Crawford recording a pow-
er oF attorney from Hammond to him, authorising him to act for
Hammond P
Jlns. I do not recollect the particular day; I saw Crawford record-
ing the power, but do not recollect at what time; it was the power
authorising him to act for Col. Hammond.
?. Did not Crawford request you to inform the Governor tnat ho
had suvh a power of attorney?
Jlns. I believe he did.
8. Did you inform the Governor of the power of Attorney from
Hammond to Crawford, and when did you inform him of it for Che first
time P
Jlns. I believe that I informed hira of it on the 12th of August; why
I believe so is, that I think that it was after he returned from Athens*
and the reason I believe, why I did not infotm him sooner, was, I be-
lieve that it was while the Governor was gone to Athens, that i, saw
Crawlord recording the power of attorney
9. Have you not as secretary of the Governor, carried papers froti}
the Executive department to the Secretary of State's office, or known
of their being carried to be executed by the clerks of that department
after Col. Hammond had left the seat of government, and also after
the Governor knew of his absence, and after the Governor knew of th»
power of attorney, and were not the papers executed P
Jlns. Papers have been carried from the Executive office to the Se.
cretary of state's office to be executed after Col. Hammond's absence*
and the Governor must have known it. The papers were executed.
Col. Hammond left blanks which the Governor let Col. Hammond's
derk fill up, but when they gave out would not let them sign any.^
*o the Governor ever know of Cob Hammond's being r.hseot
6
from his office previous to the 11th July last; if yea, was he absent
upon leave, or without it ?
Jlns. He has been absent, I believe a week at a time ; 2 dt> not sup-
pose that he had leave.
11. Have you ever known of any officer of the state-house being,
absent from their offices without leave of the Executive; if yea, who
were they, when absent, and how long at a time ?
Jlns. They have been absent perhaps a day, but not to go a journey.
I believe the public officers generally have been absent. Mr. Boze-
man has been to Greene once or twice. I do not know that he got
leave, but I understood that he did.
12. Do you know of the Governor having been absent from the
seat of government; if yea, state how often and how long at a time? •
Jlns. I believe he has been to Athens twice since he was Governor,
and was absent peihaps nine or ten days each time. The last time
he was there he returned on the 10th ol August 1 believe, but do not
know when he left here.
13. Who did the business of the Executive office in the absence of
the Governor ?
Jlns. His secretaries.
14. In what way was the business of the Executive office executed
in the absence of the Governor ?
Jlns. The principal business was passing grants ; he left blanks to
be filletl up, and no other business could be done but to fill up blanks,
nobody having any authority to sign for the Governor.
15. Have you ever known of any person's applying at the Execu-
live office to have business done in the absence of the Governor fro^n
the seat of Government.
Jlns. I have.
16. Have you ever known of the Governor's being absent from his
office in office hours P
Jlns. I have known him absent at the usual hours of doing busi-
ness. '
17. Have you ever known s ?pers being carried to the Governor
to sign when he was not in office ?
Jlns. I have known paper-scurried him to sign when not in office,
and when he had gone to dinner.
18. Has the Governor ever been sick and unable to attend in the
office. If yea, how and by whom was the business of the office exe-
cuted ?
Jlns. I do not recollect that he has.
19. Do you know of any peison or persons about the state-house
having pet formed duties for other officer or officers of the state house
by signing the name of the officer or his own name for the officer?
rfris. 1 do.
48
•2£>. What officer or officers have had his or their duties 7)ex.-
Rwmed by some other person, and who was the person that performed
.such business, and when did he perform such duties ?
JlnS. The Comptroller-general has occasionally got persons to check
grants for him, and the Treasurer has persons to receipt for him on
plats.
SI. Do you not know that the Governor's own secretaries or some
of them, and within the "knowledge of the Governor, have been in the
habit of transacting the business and signing for some 0 f. the other offi-
cers of the state-house ?
* Jlns. Mr. Burch and Mr. Lamar have checked grants for the Comp-
troller general, and 1 believe within the knowledge of the Governor.
I do not know that they have done business for other officers.
22. Do you not know that on the very day that Mr. Whi taker was
placed in the office of Secretary of state that one of the Governor's
secretaries signed one or more papers with the name of the officer, or
the secretary's own name for the officer ? .
Jlns. I saw a grant that Mr. Burch signed for the Comptroller bore
date on the 13th Aug.
23. Has not the practice prevailed with all the officers of the state-
house when necessarily absent to have the business executed by clerks
or some other persons, and has not that practice prevailed Within the
knowledge of the Governor ?
Jlns. I believe it has as respects the Comptroller and Treasurer.
24. Has not the Governor not only known of this practice with the
officers, but has he not expressly consented to it in several instances,
particularly for some person to act fm Mr. Clayton; and do you not
know that Mr. Burch has done it after orders?
Jlns. I believe he knew of the practice with the Treasurer and Comp-
troller. I either heard a conversation which took place between the Go
vernor and Mr. Clayton, or heard the governor repeat a conversation
which passed between them on the subject, the substance of which
was, as near as I now recollect, as follows. Mr. Clayton observed to
the Governor th^t his private business would occasionally require his
attention for a short time ; that in his absence Mr, Cary would receipt,
and list grants for him, and when Mr. Cary was out of the way, that
Mr. Jaillet would do it. The Governor expressed his disapprobation
for any person receipting grants for him, observing that he had best do
his own business ; but if it was done by any person for hirn, it had
best be Mr. Cary, as he had done so before. 1 have seen a grant
checked by Mr. Burch for the Comptroller after the Governor had ex-
pressed his disapprobation of his checking lor him.
25. When those persons signed or acted for the Treasurer and
Comptroller, did they take any oath, or give any bond?
Jlns. I do not know; 1 persume they did not.
26. Was you present when the Executive order was drawn for the
appointment of Mr. Wbuaker: if yea, when was the"o^ler drawn and.
4^
by whom ; am) did you hear the conversation that passed betweeft
Itu'ch and the Governor P
Jlns. He order was drawn on the 12th August by Mr. Burch as Jf
Cow recollect. I heard part of the conversation.
yt. W as Burch ordered to make out a temporary appointment?
Jlns. I do not know.
28. I)id Whitaker know that the Governor was about to appoint
him a»; the time the Executive order was drawn ?
Jlns, I do not believe he did.
29. When did Whitaker first hear that he was appointed Secretary
of state, and by "whom was that knowledge communicated to him ?
Jlns. J. informed him of it on the 12th of August by the Governor'ft
order, and requested him to come in the next morning if he acceptedr
The commission was not carried by me to Mr. Whitaker.
30. Was the commission for Mr. Whitaker made outand signed be
fpre he knew that he was appointed.
Jlns. The commission was made out and signed, I am certain, b.e«
fore Mr. Whi aker knew it.
31. Did you hear Whitaker agree to resign the office on the return
of Col. Hammond ? Did he accept it under any conditions?
Jlns. I did not. I do not know what conditions he accepted it
Wider.
32. Do you or not, know, or have you not heard the Governor say,
lifter Hammond returned, that Whitaker should not resign the office,
or he did not wish him to do so; or what did you hear the Governor
say about the office being given upon Hammond's return, and before
Hammond went to the Executive office ?
jlns. I dp not recollect to have heard him say any thing particular
pn the subject.
33. Was W'hitaker at all acquainted with the duties of the office
at the time he was appointed, and could he have properly executed
them without he had received instructions?
Jlns. He could not very readily have done them. It is impossible
fhat any person could readily perform the duties of the office at first*
Without having some one to inform them.
34. From your knowledge of Crawford, was he acquainted with
the duties of the office of Secretary of State, and was he competent
to the discharge of them at the time Whitaker was appointed ?
sins. 1 should have thought him capable to fill the office tolerably
Well. It does not require any great capacity to fill the office of Sec-
retary of State : almost any person who writes a good hand could do
it} the principal business is recording.
35. Is not Crawford an industrious and attentive officer s*
jlns. I believe he is tolerably so.
45
When was this talk about appointing: Crawford, after the ordes*
given him by the Governor not to act, or before ?
Ans. I believe it was principally afterwards.
37. If you have been in the office With other Governors, who were
they, and did they or not attend to the duties of their office ?
Ans. I was with Mitchell and Rabun, and they attended to the
duties of their office.
38. When those Governors were in office, did any of the officers
ask l ?ave of absence—was there any executive order or orders to that
effect ?
Ans. [ do not know that they asked leave when they went away 5'
nor do I know of any executive order to that effect.
39. n > you know of any particular officer being absent during those
administrations ?
Jlns I believe the officers were absent occasionally; I do notknoW
of any one being absent any length of time.
40. Do you know of any officer being turned out of office for being
absent without leave ?
Jlns. No.
41. How was the business of the public offices done when the offi-
cers were absent, during other administrations ?
Jlns. The officers occasionally got others to attend to their business
for them.
42 Have you searched the executive journals, and have you seen
any executive orders since the years '58 and '99. for ieaveof absence?
Arts. I do not recollect to have seen any since '99,
43. Have you not seen an executive order for the return of some
officer tnvthe seat of government, dated about '98 ?
tins. I have. The order was for the return of the Secretary of the
Senate, and I know of no other.
Interrogatories by Mr. Campbell,
1. Have you ever known the Governor to sanction any paper signed
by one person for another, except the checking of grants ?
Arts. I never did.
2. Was not the business of the Secretary of State's office discharg-
ed with as much accuracy and more punctuality by Whitaker than by
Hammond ?
Ans. I cannot tell as,to the accuracy ; it was discharged with more
punctuality on the part of Mr. Whitaker.
3. Have you ever known any officer absent himself with or without
leave for six weeks at any one time ?
4!ys. No, I have not,
4'6
Tttierrogafories by Mr. Upson*.
k Were the orders given by the Governor to Crawford not to act
under the power of attorney verbal or written ?
Ans. They were verbal.
% Does it require any more skill to sign a grant in the Secretary of
State's office than in the Treasurer or Comptroller's office ?
Ans. No.
3. What time were the orders given to Crawford j in the morning
or evening ?
Arts. I believe it was in the evening.
Here closes Mr. WOOD'S examination.
On motion of Mr. Jackson,
Jlesolved, That his excellency the Governor be and he is hereby
requested to transmit to this committee an executive order issued in
July 17SS, or about that period, requiring William K; tertson, Sec-
retary of the Senate, to return to the then seat of government.
f'ftmmsttee adjourned until to-morrow, 9 o'clock, A. M.
Representative Hall, 29!h November, 182)4
CViue o'clock, A. M.—Committee met.
Present Messrs. Abercrombie Lawhon
Upson Sheftall
Campbell Kenan
Cuthbert Hutchinson
Jackson
Trie committee proceeded to the examination of Mr. BOZEMAN.
Interrogatories by Mr. Campbell.
How long have you been a state-house officer P
:his. About twenty-one years.
1. What portion of that time were you Secretary to the Executive!
.ins. Ten years—from 1801, to 1811.
Have you been occasionally absent for short periods for a timet
Ans. I have.
4. On those occasions, have you not considered it your duty to sp.
prise the Governor of the fact and obtain permission r
47
Mis. I have always considered it my duty to apprise him df titer
fact, and generally obtained leave. I frequently went during the
administration of Gov. Rabun without leave, as he was often absent.
I have went but once during the present administration without leave,
and that was occasioned by my being sent for to Greene, to see my
daughter, who was sick. And on that occasion I left word for the
Governor, that he might know the Gause of my absence.
5. Do you not consider it the duty and custom of officers to pursue
this course ?
Mis. I have always thought so since Gen. Jackson was Governor.-
I was then at the seat of government, and recollect his orders to that
effect.
6. Was Col. Hammond, acquainted with these orders and the cus-
torn P
Ms. I do not know. Col. Hammond was not about the state-house
when they were passed ; and after he came there, and Gen. Jackson
retired from the government, I believe they grew into disuse. How
far they grew into disuse with all the officers of the government I
cannot say: they were not so much used as when Gen. Jackson was
there, and I have heard but little said about them until lately.
7. By growing into disuse, do you mean that they were enforced
less rigidly by Gen. Jackson's successors, or that they were abolished
altogether ?
Mis. I rnfean they were enforced less rigidly by his successors.
8. Are you acquainted with the conduct of Col. Hammond as prac?
tised since his last e'ection ?
Mis. I see him every day when he is here, but am not more ac--
quainted with his official conduct than others about the state house.
9. Has he been regular, attentive, and punctual, in the discharge of
his official duties ?
Mis. He has been absent frequently from illness, as I have under.-
stood, sometimes a day or two, sometimes longer. He has told me
he had frequent attacks of the gout.
10. Has he not been a considerable portion of his time absent frojti
his office ?
Mis. He has been frequently absent, but generally I understood
that he was sick at home. **
11. Since his last election have you seen him intoxicated?
Mis. I do not know that 1 have. I seldom see him but in office or
about the state-house.
12. What is the character of Gov. Clark's official conduct, as i'o
atteution, punctuality, and strictness in his office ?
Ms. I have considered it very close and strict; as much, or more
so, than any Governor I have ever seen since Gov. Jackson; and from
what 1 have understood, 1 believe their conduct, as respects strictness
and clOiecesS of attention, very much the same.
m
*3. Do you know any thing of Col. Hammond *s absence last stffcjj
.aner ?
mfns. I know he was absent, but do not know how long.
14. About the time the blanks gave out which Col. Hhmmond left,
did you hare any conversation with the Governor as to the powers of
a deputy or agent to sign for him ?
.4ns. Yes. On die morning of the 12di of Aug. I went into the
Executive office. The Governor asked me if I knew when Col. Ham-
mond was to return ; I replied that 1 did not'—that I supposed it was'
very uncertain, for that Mr. Crawford had told me, that there had
been a letter received from the Colonel, dated at St. Mary's, in which
he spoke of going to Augustine The Governor then asked me if I
knew of any law or resolution authorising Col. Hammond to appoint
an agent or deputy : I told him that I did not. In the course of the
day, he asked me if I did not recollect the law legalizing the acts of
Deput> Secretaries: I told him that I did; Being then in the Execu*
tive office, I searched for, and found in that department, a deputation
from Mr. Marbury. authorising a Mr. Johnston to act for him as Sec*
retary of Stale during the confinement of Marbury in Augusta.
15. Was it not then considered by the Governor that the authority
was not sufficient ?
Ans. I do not know. He still appeared dissatisfied about the busi-
ness of the Secretary of State's office, and I had no knowledge when
I left the Executive office, what course he intended to pursue« for he-
did not suggest to me what he should do.
Committee adjourned to 3 o'clpck,P. M,
Representative Halt, 29 th November, ISS&i
three o'clock, P. M.—Committee met.
Present Messrs. Abererombie Jackson
Epson Sheftall
Campbell Hutchinson
Cuthbert Kenan
The examination of Mr. BOZEMAN was continued by Mr. Campbell*
1. Did you hear the Governor say any thing about conferring the
appointment on Mr. Crawford ?
Jlns. I never heard him mention it, until the 13th of August in the
evening ; he then said he had thought before he made the appointment,
of appointing Crawford, bu„ his age and the unceitainty when Cob
Hammond would return, he though* it would not do well to appoint
hi.ni, as the Colonel might die and never return.
2. Dirl you hear the Governor at any time express a wish or say any
thing upon the subject of Mr. Whitaker's resignation?
Ans. On the evening of the 13th August, the Governor told me that
he oad giveu Mr. Whitaker to understand at the time the appointment
was made, that if he would resign in the event of Col. Hamm nd-'s
rei.urn, that he would re-appoint Co). Hammond ; to which the Gover-
nor said Mr. Whitaker had in a measure given his assent.
3 Do you know any reason why Mr. Whitaker did not resign ?
Ans. I have no knowledge of any reason, except what i have heart!
from the Governor and Mr. Whitaker.
Witness cross-examined by Air. Upson.
1. Interrogatory. During the administration of Governor Rabun,
weie you not frequently absent from the seat of government, and did
you at any time ever mention to Governor Rabun your intended ab-
sence, or ask his leave to be absent ?
Aus. During his administration 1 was frequently absent; I did oc
casionally mention to Governor Rabun that 1 was going away, but not
always.
2. Did not the Governor enquire of you shortly after Col. Hammond
had left home, and previous to the Governor's visit to Athens, if you
knew of any law or resolution authorising a Secretary of State to act
by deputy ; and do you not know that, the Governor was apprised of
Col. Hammond's absence sometime previous to the 12th of August, and
at what time, before or after the Governor went to Athens.?
Ans. The Governor must have been apprised of Col. Hammond's
absence before the 12di August, for previous to that day he asked me
where Col. Hammond was gone, and I told him that I understood that
he was gone to the sea board for the benefit of his health ; whether this
took place before or after toe Governor went to Athens I do not recol--
lect, but I think it was about one week or ten days previous to the 12th
of August. I do not recollect that he said any thing at that time about
the power of Col. Hammond to appoint a deputy or agent ; but I re-
collect that he said that be thought the Colonel might have apprised
him ofhis intended visit.
3. Did or did not the Governor enquire of you when other persons
signed plats, whether there was any law or resolution to authorise it*
ar d after such e< quiry bad been made, and no law or resolution could
be shewn, did he not suffer your business to be done by others, and was
or was not this enquiry made of you before Cob Hammond left the
seat of government ?
Ans. The Governor never asked me whether thefe Was any law or
resolution authorising persons to 6ign plats for me, but he frequently
told me that I had better do it myself. This was before Col. Ham-
mond left the seat of government.
4. Do you or do you not think Thomas tt. Crawford equally as ca-
pable, il not more so, to discharge the duties of Secretary of State thai!
Mr, Whitaker f
Ans. I do not know. It is my opinion that Mr. Crawford was the.
illos:. competent when Mr. Whitaker was appointed.
5. Do you know ol any clause of the constitution, any law or reso-
lut.on <>f tr.e Legislature, that requires any offiter ot the state to ask
the Governor leave to be absent, a day, a week, or any other time ?
"his. No.
6. When you were about to leave the seat of goverment any length
i of time, did you not usually notify ail the officeis of the state m use of
your intention ?
"ins. I did not, though sometimes I might have mentioned \i in their
presence.
7. Do you not know tha. one or more Secretary of State have had
deputies, and performed the-duties of the office of Secretary of State
by other persons, during the administration of Governor Jackson, or
some O' her governor since him 5 if yea, who were the Secretaries, and
who acted for them, and how long P
Ans. I know that Major Johnston acted for Capt. Marourv when he
lay sick in Augusta, which was probably three or four months : that
was, 1 believe, during the administration of Gov. Milledge. Johnston
had a power of attorney.
8. Where did John Milton live with his family during the time that
Louisville was the scat of government; was he not Secretary of State
at that; time, and was he riot frequently absent for weeks at. a unite
from the seat of government. If yea, how and by whom was h.s busi-
ness done, and who was the Governoi ?
Ans. John Milton was Secretary of State while the seat of govern-
meat was at Louisville, a part of the time. He lived in Burke, lie
was frequently absent during which times Mr. Marbury, I believe, per-
formed the duties of Secretary of State, i do not remember who was
Governor.
9- At what time of the day was it you searched for and found
the power of attorney from Marbury to Johnston to act for him as Se-
cretary of State.
Ans. I think it Was after dinner.
10. Do you or not recollect that shortly after the present Governoi
was elected, you was sent for bv him to join in the appointmen: 01 Di
rectors for the Augusta Bank ; and did you or hot hen inform th<
Governor that you intended to let him know that you were going t<
Greenesborougn, and did or did not the Governor reply thai it was
unn« cess^ry tha- you should let him know when you were going awayi
Ana. i remember no such conversation.
11. Who has acted for you in your absence at any time 9
Ans. Nobody bui Mr. Lin oar and Mr. Burch; they have kept Trougll
Us.« of plats and signed my name for me.
13, Did not Mr. Bur oh, the Governor's Secretary, give you a rof
-umrandmn of a plat he had checked for you the very day Mr. Whits-
ke^ wis place f ia 'he Secretary of State's office by the Governor P
tins, i believe he did.
13 W < r y u not absent for your health twp summers in succession
from 'he dutie of your office ?
Ans. Yes. I was absent in the summers of 1812 and 1813, the first
about three months, the last about sevrn weeks. I had verbal leave
of Gov. Mitchell. Mr. Poiter attended to the duties of my office dur-
ing i hose times.
14. Were you not absent last spring from the duties of your office
for seventeen days. If yea, who attended in your office and performed
the duties of i* ? And did the person you left in your office perform
all it- duties ; and was it done with or without the consent of the Go-
vernor ?
Jlus. I was gone to Greene one week ; I am -sure it did not exceed a
v-'cK. Mr. Morgan attended in my office during my absence, and
don: ai! toe business that occurred. Toe Governor consented that I
should kv.vj Mr. Morgan to act in my place, and knew that he attend-
ed to he duties of my office.
15. Br Morgan or any other person when acting for you in your
ab^- . - * er take any oath or give at y bond P
tins. None that I ever heard or knew of.
16. Has not Edward Cary acted for you in the Comptroller's office,
and at differ en* times receipted for large sums of money'; and if so,
did fii sk the Governor's permission for him to do so P
Jlas. l'\ C »ry has acted for ne within, a year or two back, but as it
wa- ' o m I was about home, I did not ask the Governor's permission,
fo» I m ver onsulted him about any person doing my business unless
I ,v * - M fgaway.
17. Hid via consider it any thing more than an act of courtesy to\p-
pri e die Tnvernor of the fact of your being about to leave the office ?
tins. I considered it proper and to be my duty.
18. Hi! you consider your office as bestowed on you by the Gover-
nor .j ml held at his will£
tins. I d d riot.
19. Did you not consider it a right you had to leave the seat of go-
verrm'-eut without the leave of the Governor, if you chose to do so P
tins. 1 cannot say I ever thought much about if. I should have been
verv unwilling to have entered into a contest with him about if.
20. Did you consider it a forfeiture of your office, bond or oath, if
you nad left the seat of government without the Governor's permission,
or his knowledge of it P
tins. Upon that point I have never made up my mind.
21. D.d you consider yourself responsible to the Governor for the
performance of your office duties, and for the tenure of it, it you did
discharge your duty P
tins. I dontknow how far I am responsible to the Governor ; I al»
ways felt I was bound to do my duty. I do not consider myself bound
to him for the tenure of my office. If I do not discharge my duty, I
feel myself responsible to the country and the Governor both.
22, Have you ever known of any Executive orders passed by any
Governor since the time of Gov. Jackson, upon the subject of leave «f
absence ?
Ani. I recollect none.
23 Did Gov. Jackson ever dismiss any officer for absence without
leave, and appoint another 2
Ans Not that I know of.
24. Did Gov. Jackson claim or exercise such power ? What was
his course of practice under his own orders, when an officer left the
seat of government without leave ; did he proceed to appoint another
person, or notify him to return ?
Ans From his orders I suppose that he did. I never knew that he
dismissed an officer. He did publish a notice in the newspapers le-
quiring William Robertson to return to the seat of government, who
was then Secretary to the Senate.
25. Did Gov. Clark know of the Executive orders of Gov. Jackson*
at the time he appointed Mr. Whiiaker ?
Ans. I do not know.
26. Did Col. Hammond know of tfie existence of these orders £
Ans. I do not know.
27. Were those orders known to any of the officers of the state-
house except yourself, at the time Whitaker was appointed ; and had
you not forgotten 'hem ?
Ans. I expect. Mr. Clayton knew of them, as I believe he had been
abou i ihe state-house longer than I had. I had not forgotten them.
28. How did you come to the knowledge of these orders ; were they
puHis ?ed to your knowledge ?
Ans. I knew of 1 hem from conversations with the Executive Secre<-
taries, and other persons about the state-house. They were never pub-
lished to my knowledge,
29. Did not the Governor consult you upon the subject of appoint-
ing some person in consequence of Col. Hammond's absence j and
wheie was it he first mentioned the subjec to you.
Ans The Governor never consulted me on appointing any body,
itor did 1 know of such intention until the appointment was made.
30. If you had forfeited your bond or your oath of office, did you
consider it within tne power of the'Governor by an Executive ordei to
save the forfeiture of your bond, or save you from the penalties of per-
jury.
Ans. No.
31. .Do you consider the Governor possessed of power to make laws^*
SB
■"if nay, does the consent of the Governor for one person to act for an® *
ther, moke i mine legal than wi'hout his consent?
A.ts. 1 do n >t consider the Governor has power to make laws ; nei-
ther -jo 1 consider that his consent for one person to act for another,
makes the act more legal than without his consent.
33. Did you consider the Governor as having power to make you do
an official act against law, or when the law is silent, unless you chose
to do it ? \nd did you consider an official act done by you without
law any oetter or more legal for having an Executive order ?
Ans. If an executive order require me to do an act which by law I
am foraidden to do, I should disobey the order; but if there was no
law to the contrary, and I did not consider it any violation of my duty
as a public officer, I should obey it. But I should consider the exec-
utive order the best authority, in the absence of law, for the perform"
ance of the act. •
32. Would you consider it in the power of the Governor to say
whether you had forfeited your office, violated your bond or oath, by
an executive otder?
Ans. I do not consider it within his power.
33. Are you not President of a Bank in this place: if yea, do yon
not have to leave your office in office hours and attend to your duties
pf President?
Ans. I am President of a Bank in this place, ^nd have to leave my
office in of fice hours and attend to the duties of President.
34. How many houfa are you absent each day at back ?
Ans. About an hour, or sometimes perhaps more.
35. Who does the duties of your office when you are at bankP
Ans. When there, nobody attends to my business.
36 Has no person ever called at your office to have business done
when you were at the bank ?
Ans. Yes, I suppose there has.
37. Have those calls been frequent ?
Ans. I expect at some seasons of the year they are frequent, and at
some not so.
38. What have the persons done when such calls were for the trans-
action of their business ?
Ans. Since the 12»h of Aug. they have waited until I returned; but
previous to that time, Mr. Burch or Mr. Lamar would enter their plat
for me.
39. Does the Governor know that you hold the office of President
of die Bank; that you are frequently absent from your office attend-
ingto the duties of the bank; and has he ever attempted to appoint
any person in your place ?
Ans. The Governor knows that. I am President of a Bank ; that I
a in frequently absent from my office attending to the duties of the
«ank. He has never attempted to appoint any person in my place
that I know of.
40. iio you ask leave of absence from the Governor when you are
going to the bank for the performance of your duties there f
Ans. I never did.
41. If the conduct of Gov. Jackson and the present Governor was
similar as to attention to the office in office hours, was it similar in
Other respects, and in what respects particularly ?
Ans. I mean it was similar in closeness of attention to their office.
42. Have you known of Gov. Jaekson's attemptjpg to urge or force
any officer of the government to do an act directly contrary to law 9.
Arts. Not that I have any knowledge of.
43. Have you ever disobeyed an executive order 9
Ans. I have in one instance.
44. State that instance ; and also if you have ever known the pre-
sent Governor, or any other Governor, attempt to force a warrant or
wan ants to be checked contrary to lawf'
Ans. The present Governor directed me by an executive order te
check a warrant on the contingent fund when it was exhausted, which
I disobeyed.
4 S. Did the Governor turn you outjof office for disobeying his or-
der ? '
Ans. He did not, for I am yet in office.
46. Were Co). Hammond and the Governor friendly previous to
the 11th of July#
Ans. I know nothing to the contrary.
Interrogatories by Mr. Campbell.
1. In what place does the Comptroller general sign a grant P
Ans. In one edge of the plat, on the face of it.
2. Is such signature necessary te the validity of the grant ?
Ans. I never considered that it was, but I cannot be presumed to
fen a judge,
3. Is such signature required by law ?
Ans. I believe not; the law says that I shall list them.
4. Has any person ever signed any document for you further than
lasting and checking grants ?
Ans. They have at sometimes when I was from home.
5. Have you not considered that the Governor is a the head of the
Execii ive department, and exercising a supervision and control ov«
£he I'tfirers comonsing that department £
Ans. I have always thought eo»-
£. What was the cause of Marbtiry's absence^
•ins. Ho fought a duel and was shot, which bioke both of his thighs*
7 W ere the acts of his deputy afterwards legalized by act?
Ans. I believe they were.
8. What were the circumstances under which you disobeyed the
order of the Executive to check a warrant £
Arts. The Governor believed that he had the right to re-draw out
of the contingent fund of 1822 five hundred dollars which had pre-
viously been drawn from that fund, and afterwards returned into the
treasury. I differed with him in opinion, because *he money could
not, though it was returned atain into the treasury, become a part of
the contingent fund. The Treasurer informed me that the return of
the money was. accompanied by an executive order to him to place it
in the contingent fund.
9. Did you hear Col. Hammond say any thing about an interference
in the last election for Governor?
Ans. I do not know that I did.
10. If you had had the power of conferring the appointment on the
12th of Aug. on which would you have conferred it: Whitaker or
Crawford ?
Arts. 1 should have given it to Mr. Whitaker; but at the same time
I think Mr. Crawford was, from his experience, the best qualified for
the discharge of the duties.
11. Would you not have considered Mr. Whitaker the most respon-
sibie and confidential officer ?
Ans. 1 do not know that 1 should, only for his age; Crawford was
a much younger man, and his standing in society not go well knowgi
as Mr. Whitaker's.
Interrogatories by Mr. Upson.
1. For signing of the grants do you not receive fees ?
Ans. Yes, I have a fee.
2. Would the Secretary of State put the great seal to a grant with-
out your certificate that it had been entered 9
Ans. The seal would not be put to a grant if my name was not on
it. This has been a rule since the 27th of Dec. last.
3. What do you mean by supervision and control of the Executive
ovt'i the Executive department—do you mean that the Governor has
the ,i,-iht to declare an office vacant, and then proceed to fill it?
Ans. I do not mean so.
4. Did you ever give any person you left in your office to act for you
apovwrof attorney?
Ans. I never did that I recollect.
Why would you have given the appointment to Whitaker iff
A6
Crawibrd was more competent to the discharge of the duties of tl*e
office ?
Ans. because Crawford's standing in society was not so weil known
as Mr. Whitaker's.
3. What regulations have been made or adopted since the 27th of
last December as to the manner of signing and affixing the sea1 to
grants, and at whose instance ?
Arts. I can only answer as to the entering and checking by my-
self. About last Christmas the Governor enquired of me what had
been the practice as to my entering the grants and charging them to
the Treasurer. I told him that it had always been required till with-
in the last three or four years, when the custom ot entering and
checking had been dropped. He then directed me to resume it again,
which I did on the 27th of the same month. This direction of the
Governor was given under and in consequence of the law passed at
the last session of the legislature.
The committee adjourned until to-morrow 3 o'clock P. M-
Representative Hall, 30th November, 1822.
The chairman laid before the committee the following communics?
ttoft from his excellency the Governor.
•" Additional list of Witnesses to be referred to in support of the alle
gations against Abner Hammond.
w Daniel Sturges, Surveyor-general
Captain William Cone
Willis Lang, in town
William C. Lyman
Drury Stokes, Esquire
Thomas Coleman of Washington county
Spots wood G. Reading
Laban Beckham
Captain Vincent E. Vickers
Peter Stubbs
Benjamin Gasha
Robert B. Washington
Interrogatory by Mr. Campbell.
Three o'clock P. M.—Committee met.
Present, Messrs. Abercrombie
Upson
Sheftall
Campbell
Jackson
Kenan
Hutchinson
Cuthbert
57,
"The Governor continues to reserve the right of introducing any
other witnesses either in the direct or rebutting proof, which circum-
Stances may suggest in the course of the investigation.
" Miiledgevilie, 30th Nov. 1822."
On motion of Mr Campbell,
Resolved, That the messenger summons Daniel Sturges, William
Cone, William C. Lyman, Drury Stokes, Peter Stubbs, Vincent E.
Vickers, and Robert B. Washington, «1I residing in or near town ; and
that he also summons by subpcena, to be signed by the chairman, and
attested by the clerk, Thomas Coleman, Spotswood G, Redding, Lar
ban Beckham, and Benjamin Gasha to attend the special committee
to whom has been referred so much of the Governor's message as re-
lates to Abner Hammond, on Monday next, at 9 o'clock, and at each
meeting of the committee thereafter, until discharged by the com-
mittee.
WILLIS LANG, of Camden county, was introduced, sworn, and
examined in support of the allegations against Abner Hammond.
Interrogatories by Mr. Campbell.
1. Where is your residence when at home ?
Jlns. At Jefferson, in Camden county.
2. Has Cel. Hammond been in Camden county in the course of the
present year, and when ?
Ans. I saw him in Camden in July last
3. While Col. Hammond was at your place of residence or in the
county in which you live, did you have any conversation with him as
to the object of his visit to the low country ?
Ans. No.
4. Did you hear Col. Hammond speak of going to St Augustine,
and for what purpose ?
Ans. No.
5. Did you hear any person in Col. Hammond's presence make any
observation as to his intended visit to Augustine, and what was the
Col's reply ?
Ans. No.
6. Did you hear the Col. say that lie was going to St. Mary's ?
Ans. No.
7. Have you had any conversation since your arrival here about his
intention to have gone to St. Augustine ?
Ans. I have not seen him since J have been here.
No questions having been asked by Mr, Upson, Mr. LANG'S testL
niony here closed.
8
53
ABSALOM B. BECKHAM and RHODAM A GREENE, in sup,
jf&rt of the allegations were introduced and sworn.
Committee adjourned until 9 o'clock A» M. on Monday next.
Representative Halx, 2d December, 182&.
JSffne o*clack, A. M.—Committee met.
Present, Messrs. Abercrombie Sbfftall
Upson Jackson
Campbell Ken<.h
Lawhon Hutchinson
Cuthbert
. VINCENT E. VICKERS, a witness in support of the allegation#
of his excellency the Governor against Abr.er Hammond was introdu-
ced, sworn, and examined.
Interrogatoriesr by Mr, Campbell,
1. Have you resided in Milledgeville since December last?
Jlns. I have.
2. Have you frequently seen Col. Hammond since his last election
to the office of Secretary of state ?
Jlns, I have.
3. In the course of this time have you not seen him in a situation
which rendered him unfit for office business ?
Ans. I have seen him as I thought intoxicated.
4. In the course of the last year have you not seen Col. Hammond
frequently intoxicated ?
Jlns. I have as'mu civ as once or twice, or probably more, so I thought
he was intoxicated.
5. Where was Col. Hammond when you saw him intoxicated ?
Jlns. He was in the street opposite, or nearly, Mr. Lanos's store.
He appeared to be so much intoxicated that he could not get upon his
horse without help.
6. Have you not seen him in this situation more than once, and at
different times of the day ?
Jlns, Not more than once that he was unable to get upon his horse.
I have seen him intoxicated as I thought at other times, which was iff
the afternoon I believe.
59
Interrogatories by Mr. Upson.
1. Was you about the office of Col. Hammond during the last
year ?
Jins. Not more than once or twice.
2. Did Vou ever see him intoxicated about his office ?
•3ns. No Sir.
3. What time in the evening was it you saw him intoxicated I was
U after he left his office going home ?
•8ns. I am unable to say, but I believe it was as he was going home.
4. Do you know of his business ever being neglected by his intox-
fpation ?
•8ns. I do not.
5. Was it generally after business hours that you saw him ?
Jins. I believe it was.
The following was laid before the committee by Mr. Campbell.
w The Governor adds Thomas B. Stubbs, George Stovall, Simon
Whitaker and Ratcliff Joel to the list of witnesses, under like reserva-
lions as heretofore."
Committee adjourned to 3 o'clock.
Representative
Three o'clock P. M.—Committee met.
Present, Messrs. Abercrombie
Upson
Campbell
Cuthbert
Kenan
THOMAS B. STUBBS was introduced, sworn and examined in
support of the allegations.
Interrogatories by Mr. Campbell.
1. Have you resided in Milledgevillesince December last?
Jins. I have.
2 Have you frequently seen Col. Hammond since his last election'
*'o the office of Secretary df state.
'iinst I haye.
Hall, 2d December, 1882.
Sheftall
Jackson
Lawhon
Hutchinson
60
o. In the eourse of this time have you not seen him in a situation
which rendered him unfit for office business ?
Ans. I .do not recollect that I have.
RATCLIFFE JOEL was introduced, sworn and examined in sup-
port of the allegations.
Interrogatories by Mr. CamjpbeU.
J. Have you resided in Milledgeville since December last ?
Arts. I have.
2. Have you frequently seen Col. Hammond since his last election
to the office of Secretary of state ?
Ans. I have nearly every week while he was at home.
3. In the course of this time have you not seen him in a situation
which rendered him unfit for office business ?
Jlns. I do not know as to thatj in my own judgment I should think
so, as much as twice.
4. In the course of the last year have you not seen Col, Hammond,
frequently intoxicated £
Ans. Not Often J about twice.
5. Where was Col. Hammond when you saw him intoxicated ?
Ans. I saw him down at Mr. Lanos's in this place.
6. Have you not seen him in this situation more than once, and at
, different times of the day ?
Ans. I saw him once attempting to get upon his horse from the
blocks, when he fell, which I thought was from intoxication.
Interrogatories by Mr. Upson.
1. Have you been much about the office of Col. Hammond during
the last year ? v
Ans. Not much.
% Did you ever see him intoxicated about his office ?
Ans. 1 never did to my knowledge.
3. Was it in the morning or evening you saw him intoxicated ?
Ans. I do not recollect, but I believe it was about this time of dayi
{between three and four o'clock in the evening.)
4. Was it not generally after business hours that you saw him, and
when on his way home ?
Ans. It was as lie was going home I believe.
5. Do you know of his business ever having been neglected by his
Intoxication?
Ans. Ido
6 i
6. Is not Col ~)Iammond afflicted with the rheumatism Is
Arts. I think so.
7. Is he not a very infirm man ?
Ans. I belieye so.
8. What time of the year was it that you saw Col. Hammond in-
toxicated ?
Ans. £ believe it was in the spring.
9. Did the Col. get upon his horse himself when you say you saw
him fall ?
Jlns. I believe he did.
10. Who spoke to you about giving testimony in this case ?
Ans. Mr. Peter Gent wis the first person that told me he expected
I would be called on.
JOSEPH STOVALL, a witness in support of the allegations, was
introduced, sworn, and examined.
9
Interrogatories by Mr. Campbell,
1. Have you resided in this place since December last ?
Ans. I have.
2. Have you frequently seen Col. Hammond since his last election
to the office of Secretary of State ?
Ans. Yes Sir.
3. In the course of this time, have you not seen him in a situation
which rendered him unfit for office business P
Ans. I do not know. I have seen him sometimes intoxicated.
4. In the course of the last year, have you not seen Col. Hammond
frequently intoxicated ?
Ans. I cannot say that I have, frequently. I recollect once or twice
that I thought he had been drinking. One of those times was at the
court-house steps, though he complained at that time of being af-
fected with the rheumatic pains j but I thought he had been drinking.
Interrogatories by Mr, Upson,
1. Have you been much about the office of Col. Hammond during
the last year P
Ans. I have been there two or three times to take out some grants.
2. Did you ever see him intoxicated about his office P
Ans. No Sir.
3. Was it in the morning or evening you saw him intoxicated, or
when he had been drinking ?
Ajis. I think it was in the evening.
m
4. Do you know of his business ever hating been neglected by in?
ipxication ?
Jlns. No Sir.
5. When you saw him at the court-house steps, what time in the
evening was it, and was it when he was going home P s
Jlns. I do not recollect the time of the evening; I believe he wai
on his way home.
6. Is he not infirm and much afflicted with rheumatic pains P
Jlns. I believe he is infirm and afflicted with rheumatism.
Interrogatory by Mr. Campbell.
I. When you applied at Col Hammond's office for grants was fe
there ?
Jlns. I believe he was there each time.
Committee adjourned until 9 o'clock, A. M.
Representative Hall, 2d December, 1822,.
JVine o'clock, Jl. M.—Committee met.
Present, Messrs, Abercrombie Kenan
Upson Lawhon
Jackson Sheftall
Cuthbert Hutchinson
Campbell
SIMON WHITAKER, a witness in support of the allegations,
was introduced, sworn, and examined.
Interrogatories by Mr. Campbell.
1. When were you appointed Secretary of State, and who inform'
ed you of the fact P
Ans. Maj. Wood came to my house on JMonday evening, near sun-
set, which was on the 12th day of August, and informed me of the
appointment, which was the first that I knew of it.
2. At the time you were informed of your appointment, were you
told that it was the Governor's wish that you should resign on Col.
Hammond's return, and what was your reply P
Ans. Maj. Wood told me that it was the wish of the Governor that
if I did accept, that in the event of Col. Hammond's return he wished
me to resign. I told Maj. Wood that I was willing to do so, as Ctfl.
Hammond had received the appointment from the legislature.
63
3. At what time did you take the oath of office and receive posses*
sion of the records, seal, lkc.9
Ans. On the morning of the 13th Aug.
4. At the time you entered upon the duties of the office, did you
not understand it to be the Governor's wish that you should resign
upon Col. Hammond's return, and that in the mean time you should
continue the Colouel's clerks 9
Ans. I was requested to continue the clerks, but I do not recollect
that the Governor requested me to resign on the return of Col. Ham-
mond.
5. Did you propose to the clerks that they should continue in the
business of the office.9
Ans. I did.
6. Did not the clerks understand it to beihe Governor's request
that you should continue them, and when were they informed of your
appointment 9
Ans. They understood it so, the morning I went into office. The
Governor stated to Mr. Crawford and the other young man, that he
had no doubt but that I was willing to continue them.
7. Was the order by which you were appointed shewn to either of
the clerks, and at what time 9
Ans. It was shewn to Mr. Crawford after dinner, and I think pro.-
bably between 2 and 3 o'clock.
8. Were you opposed or disturbed in the discharge of your duties
before and after the order was shewn, and by whom, ana what was
the opposition or disturbance 9
Ans. I do not recollect that I was disturbed after the order wra*
shewn. Before it was shewn, when persons came in for grants Craw-
ford frequently took the plats and appeared to wish to act. I told
him he could not act, and he gave them up very readily, when I took
hold of them. He frequently shewed me papers in the boxes in the;
office.
9. From the time of your appointment until Col. Hammond was
restored, did you not attend the office every day for several hours in
the day, Sundays excepted 9
Ans. I did, Sir.
10. During your continuance in office, did you authorise your clerks,
either verbally or in writing, to sign your name to official papers 9
Ans. I did not.
11. What were your reasons for not resigning on Col. Hammond's
retusn 9
Ans. It was principally owing to hi3 conduct after he returned.
When he demanded the office he appeared very hostile, which caused
a good deal of excitement. I then stated to the Governor that I had
not much disposition to resign, but if it was his wish, that I would
then resign. The Governor replied, that it was not his wish; that he
6<i
thought Col. Hammond had forfeited all claims <o his office. After
which, I told him that I would not resign.
12. Did the Governor oppose your resignation £
Ans. He did not, but said it was with mo to resign if I thought
proper. I then told him I should not resign under any circumstan-
ces.
13. What was Col, Hammond's conduct on his return at his first
interview with you at the office ?
Ans. On the morning of the 19th of Aug. Col. Hammond came into
the Secretary of Stale's office, with a number of persons in company
with him. As he came in at the door, 1 rose and addressed him by
saying, " How do you do, Col. Hammond the Colonel said by what
authority are you in this office ? I told him " under an Executive ap-
pointment." The Colonel said, " God damn the Executive, who gave,
him the authority ? I order you out of this office." I stated to him I
should not go. The Colonel called on the gentlemen to bear witness
to this man's violence, and turned to me again and said, "You damned
insignificant rascal, I order you out of this office instantaneouslyI
told him I should not go, and took my seat. Then Col. Hammond
said, Gentlemen bear witness to this man's violence, and then went
»ff.
Interrogatories hy Mr, Upson.
1. Where was the first information that you were or would be ap-
pointed Secretary of state, and by whom was that intimation first
given you, and what was said to you at the! time about the office being
vacant ?
Ans. I never knew any thing of it until Major Wood informed me*
I asked him how it had happened, and he told me that about the 10th
or 11th of July Col. Hammond had set out for the low country for the
benefit of his health, and that it was very uncertain when he would re-
turn, or that he would return, and said that Mr Crawford was acting
under a power of attorney, and that the Governor wished to make the
appointment to prevent the business from being suspended, or from
being done illegal.
2. Were these all the reasons assigned at the time for declaring the
office vacant ?
Ans. They were all that I heard from Major Wood.
3. Did or did you not see the Governor between the time you re-
ceived the first intimation of your appointment, or wfere about to be ap-
pointed, and the time you attended for the purpose of taking the oaths
ef office.
Ans. I did not sirJ
4. Did you accept the office1 under any terms or conditions whatev-
er ; if yea, what were the terms and conditions under which you ac-
Cepted the office j and have you not stated to one or more persons
that you did not accept the office under any conditions whatever ?
65
Jlns. I cannot say there were any conditions. I believe that I did
state to one gentleman that I did not conceive myself bound to resign
on the return of Col. Hammond. I considered that I was under no
'obligation to resign, but that it was at my own discretion.
5. What do you mean by receiving possession of the records, seal,
&c. and by whom were they delivered to you, and in wi at manner
was it that you got possession of them, was it by force and violence,
or in a peaceable manner ?
Ans. The Governor went into the office with me, and delivered me
the seal of the state and possession of the office, and stated to Mr
Crawford that if he had any keys he must give them up.
6. DicT Crawford give up the key at that time, and what did the
Governor say to him ?
Ans. Crawford did not give up the key, nor did he say that he had
any, neither did I know that he had any. He said to the Governor
that he should like to know for how long Mr. Whitaker was appoint-
ed ; to which the Governor replied, that was understood between him-
self and Mr. Whitaker,
7. Did not you or the Governor threaten to have Crawford arrested
or thrown out of office ?
Ans. Some time in the course of the day I was in the Executive of-
fice, when the Governor asked me if Crawford was acting rudely. I
told him that his conduct was somewhat so, and the Governor said, I
ought to have him thrown but of the office.,
8. Was an inventory or schedule taken by you or any other person
of the records, books and papers in the office of Secretary of state,
and did you know what books and papers there were when you went
in, and when you left the office ?
Ans. There was none taken when I went into .office, but when I left
the office a schedule was taken.
Committee adjourned to 3 o'clock, P. M.
Representative Hall, 3d December, 132^s
Three o'clock P. M.—Committee met.
Present, Messrs. Abercrotabie Sheftall
Upson Lawnon
Jackson Cuthbert
Campbell Hutchinson
Kenan
The committee again went into the examinaton of Mr. Will FAKER,
9
06
Interrogatories by Mr. Upson,
1. If you proposed to the clerks of Col. Hammond to remain in of*
fice under you, for what reason was it that you made that proposition
to them. Was it that you did not understand the duties of the office,
and wanted their assistance, or was the proposition made for the pur-
pose of getting them to give up the office more readily to you, or was
it to gratify the Governor ?
Jlns. It was not made with a wish to get the office; it was a wish
the Governor expressed, and I had no objections to the contrary; I
knew there were other young men in town who were well acquainted
with the office that I could get.
2. Did the Governor request you to continue the clerks of Col. Ham-
mond in office, if yea, for what reason was it that he made the request,
and what reasons did he assign to you for making such a request.; and
who made the Governor's request known to the clerks, and at what
time was it made known to tnem ?
Jlns. He assigned no reasons, nor did I know what his reasons were.
His request was made known to them by requesting me in their pre-
sence io continue them; that was the only way they knew it, so far as
I can recollect.
3. Who first informed Thomas H. Crawford of your appointment;
what day, and what time of day w as ii that he was first informed of it;
was it verbally or in writing that he received the information ?
Jlns. I do not know of his being informed of it previous to the
time that the Governor went in with me to deliver me the office: the
Governor then informed him of it verbally.
4. Do you know positively by whom and at what time the Executive
order, declaripg the office of Secretary of state vacant, and appoint-
ing you, was first shewn to Mr. Crawford; if yea, state the time of
day particularly ?
Jlns. It was on the 13th of August, after dinner, and I believe be-
tween two and three o'clock. I handed it to him myself.
5. When did yen first see the Executive order appointing you Sec-
retary of state ?
Jlns. I saw it on the morning of the 13th August.
6. In what particular acts were you disturbed and by whom, and
say particularly whether any person interfered with you one moment
after Crawford was shewn the Executive order appointing you Secreta-
ry of state ?
Jlns. Crawford did not go out of the office immediately after the
order was shewn him, but I do not recollect that he interrupted me in
anj one particular.
7. Had the Governor any right to believe from what passed between
you and him, before and at the time of your appointment, that you
would resign when Col. Hammond returned ; if yea, did you promise
to do so ?
61
Ans. I do not know that he had any right to believe it from any
thing that passed between him and myself at the time.
8. How long had you been in office when Col. Hammond returned?
Ans. I went into office on the 13th of August, and on the 19th of
the same month Col. Hammond returned there. I understood he
came home on the,17th.
9 Did you have any conversation with the Governor after Col.
Hammond returned to the seat of Government, and before the 19th of
August: if^yea, did he not then express to you a wish that you should
resign the office and let tyim appoint Col. Hammond ; or in what way
did he express himself upon the subject?
Ans. I had some conversation with the Governor on Saturday eve-
Iiing, when I to d him that I understood Col. Hammond had returned,
and I then asked the Governor if it was his wish that I should resign.
He did not express any particular wish, but said it was time enough }
that he wanted to see what they would do, that they (alluding to the
community at large) had taken a violent course against the proceed-
ing.
10. Had Col. Hammond taken a violent course when you first con-
versed with the Governor after the Col's return; or had he then with-
in your knowledge-said any thing?
Ans. 1 do not know that Col. Hammond had, for I had not then seen
him ?
11. If it was the governor's wish before and at the time of your ap-
pointment that you should resign on Hammond's return, why did you.
not comply with that wish when Hammond returned ; did or did
not the Governor express to you a contrary wish before or after Ham-
menu's return, and before he demanded his office of you on the 19th
of August ?
Ans. After the conversation with the Governor on the Saturday
evening before alluded to, I had no further conversation with him un-
til after Col. Hammond had come in and demanded his office.
12. Have you not reason to believe that after the time of your ap-
pointment that the Governor did not wish you to resign the office if
Col. Hammond did return, and even after he returned, and before the
19th of August, and what are your reasons for believing so ?
Ans. The latter part of the week (meaning previous to Monday the
19th) I had some reason to believe that he was indifferent about it, and
that he did not care whether I resigned or not: I believe so from
some remarks that I heard the Governor make as to the community
at large opposing the transaction.
13. Do you recollect the particular remarks of the Governor?
Ans. He observed that it was his first intention to re appoint Col.
Hammond, but the community had opposed the act (meaning the ap-
pointment of Whitaker) and it appeared that they done so in eve-
ry act he performed no matter how pure were his intention?* and that
he had felt it his duty to make that appointment.
$8
14. Did ybu or not, understand from the Governor, or some other
person from him, that if you did resign he would not give the office
to Hammond previous to the 19th August, and have you not so stated,
or words to that effect ?
. Ans. No Sir. I never understood that he would give it to him, or
that he would 'not give it to him.
15. Did you, or did you not, state to some person, and to whom,
that you should not resign, because the Governor would not give the
office to Hammond if you did so?
Ans. I did not. I said that if I did resign it would be on account
of Col. Hammond, and that I must know that lie would get it before
I should resign; for if he did not get it, I might as ivell have it as any
other person.
18. Did you, or did you not, state, on the 19th of Aug. after Col.
Hammond had demanded his office of you, and before you saw the
Governbr, that you would have resigned the office on Hammond's re-
turn if the Governor had been willing, or would have let you, or words
io that effect; or what did you at that time state upon that subject,
and to whom did you speak it ?
Ans. John A.Jones was in company with Col. Hammond at the time
he demanded the office, and after Hammond had demanded the office
and left the state-house, I Stept out of the office door and saw Major
Jones in the passage of the state-house and spoke to him. Jones ob-
served, that he thought I ought to have gone out of the office at the
time Hammond demanded it, and that the Governor could not then
have displaced him. I told him no: that I had given bond and taken
the oath of office, and I should respect it: that I did not believe that
I could get clear of the office legally but by resigning, and ill at Col.
Hammond had taken the wrong course to get the office, though I would
then resign if I Sound it was the Governor's wish. Maj. Jones said he
did not know why I should consult the Governor's wish about it. I
told him no, but my allusion was particularly to that of his re ap-
pointing Col Hammond j but that I did believe, that if I then resign-
ed the. Governor would not appoint him, from the course he had taken.
Maj. Jones said he did not think the appointment legal, and that if
the Governor issued a proclamation while I was acting as Secretary of
State, he should not feel himself bound to respect it. There was no
further conveisation on the subject.
17". Have you not stated to some person or persons, and to whom,
that the Governor was not willing tor you to resign the office, and
that before the 19th of August, or that if you did so he would not
appoint Hammond, or words to that effect?
Ans. No Sir.
18. Have you not stated to one or more persons, that the Governor
had said so many things to you about the case of, Hammond, that you
did not nor could not recollect them, and that you really did not
know what the Governor had said to you ?
Ans. No Sir.
69
19. How long were you in office P Were you sick tor unable to at-
^end the office at any time after you took possession of it ?
Ans. I went into the office on the ISth of August, and left it on
the 14th of Oct I was not sick or unable to attend.
20. If you had been sick or unable to attend to the duties of your
office, or to have signed your name what would you have done i would
you have given some one directions to have signed your name for you
or not, or would you have left the business undone r
Ans. I think I should not have given any person directions to sign
my name- I should have let it alone, and have done nothing.
21. Were there not, when you took possession of the Secretary of
State's office, blanks signed by Col. Hammond, of every description,
and in the office, except for grants for land in ihe late lottery ?
Ans. I never examined. There were some blanks, but of what de-
scription I do not know.
22. Did you not have to take Col. Hammond's name off from some
of the blanks, in order to sign them yourself, in consequence of all
the blank testimonials being signed by Col. Hammtond ?
Ans. I did.
23. At the time you were appointed, would you have been able to
have gone on to perform the duties of the office without aid and assist^
ance from some former clerk or other person acquainted with the busi-
ness of the office ?
Ans. I could not have gone on very promptly..
24. Did the Governor, when you first saw him, state to you the cau-
ses upon which he went to declare the office vacant; and did he state
Hammond's intemperance as one cause, or did he say any thing
about it ?
Ans. I do uot recollect that he did, at the first interview. He said
that he understood Col. Hammond was gone on a visit to the low
country, and that he understood that he was going to St. Augustine :
that he had left a young man who was acting under a power of attor-
ney, and he wished to make the appointment to prevent the business
from being suspended and being done illegal. I too not recollect that
he mentioned his intemperance at the first lime. 1 heard him say that
Col. Hammond was intemperate, and had not attended to the business
of the office as he ought to have done.
25. Did the Governor state to you Upon whose counsel or advice
he proceeded to declare the office vacant ?
Ans. He did not.
26. Did you, or did you not, go to a magistrate to get a warrant to
arrest Crawford ?
Ans. I did. I stated to the magistrate that I wanted a warrant for
Crawford, because he was rude and would not give up the key.
27. Did not the Governor state to yoti, previous to Hammond's
return, that he never wished him in the office of Secretary of Stace ?
Ans. I do not recollect ever hearing him. say so. He never told
me so.
Interrogatories by Mr. Campbell.
1. At the time you accepted the appointment, although it was un-
der no express condition or stipulation to resign, yet did you not know
that it was the Governor's wish that you should resign upon Col,
Hammond's return ?
Ans. I thought so from the statement that Muj. Wood had made,
and the Governor's requesting me to continue the young men; from
that I thought it was his wish at that time.
2, On the morning that Col. Hammond called at the office, did you
manifest any thing like violence in words or actions ?
Ans. I did not.
Interrogatory by Mr. Upson.
1. Bid you ever promise, or have any conversation with the Gover
nor about your resigning on Col. Hammond's return, before you Were
Appointed Secretary of State ?
Mas. I did not.
rw Mr. Kenan, one of the committee, having heard insinuations that
the proceedings of the Governor in relation to Co). Hammond were
procured to favor the views of a particular individual towards the of-
fice of Secretary of State, considers it his duty to propound the fol-
lowing questions to Col. Duncan G. Campbell."
Mr. CAMPBELL was then sworn and examined.
1. Did you see the Governor at any time shortly previous to the
appointment of Mr. Whitaker as Secretary of State f
Jins. I saw the Governor at Athens I believe the first week in Au-
gust
2. Did you haVe any conversation with him concerning the absence
of Col. Hammond, or the alleged vacancy in the office the Colonel
held ?
Jins. To the best of my knowledge I did not hear him mention Col.
Hammond, or the office of Secretary of State at all.
.3. When and how did it first come to your knowledge that Col.
Hammond was absent, and Mr. Whitaker had been appointed Secre-
tary ?
Ana. I think it was towards the last of the week after it was done.
I heard it from Gen. Cleveland, and the next day I believe I saw a
statement of it in the Augusta Chronicle.
71
Mr. BURCH was again examined.
Interrogatory by Mr. Campbell.
1. Were you in the Executive office on the day that Col. Hammond
called there after his return from the low country ; if you were, state
his conduct and the circumstances which occurred ?
Jlhs. I Was in the Executive office on Monday the 19th of August
last, when Col. Hammond without ceremony entered the office, hold-
ing a cane in his hand : the Governor asked him to take a seat: the
Colonel advanced nearer to the Governor and addressed him in sub-
stance as follows:—By what authority, Sir, have you taken my office
from me and given it to another ? The Governor replied, " By the
authority I have *as Executive of the state." Col. Hammond—You
have no such authority, you damned rascal, and I demand to be re-
stored to my office. The Governor—Leave the room, Sir; 1 will not
be abused in my office. The Governor rose from his seat, and turning
to a table behind him, took up his cane, and again ordered the Colonel
out of the office. Col. Hammond retiring from the office, said, I could
go and take my office if I were disposed to follow your evil example,
you damned rascal, you are too insignificant.
I cannot undertake to say that the above are the precise words used,
fcnd the exact order of the dialogue between the Governor and Col.
Hammond; but the substance of the conversation between them is
stated.
A number of persons accompanied Col. Hammond to the door of
the office, and remained about it until he retired. Crawford and
soma others entered the office at the same time with the Colonel. I
did not observe their conduct further than Crawford advanced to-
Wards the lower end of the large table in the office, apparently with
the intention to make room for others to enter.
I am inclined to the belief that there was one address by Col. Ham-
mond and a reply to it by the Governor more than I have stated, but
my recollection does not enable me to state either the one or the other.
I am confident the dialogue commenced and ended nearly in the
words I have used; of .the intermediate points I have not so distinct,
a recollection.
On motion of Mr, Jackson,
It being understood that testimony for the present is closed on the
part of the Governor,
Resolved, That testimony on the part of Col. Hammond will be
received on to-morrow afternoon: that Col. Hammond be informed
thereof; and that the committee will thenceforward proceed, from
time to time, to examine his vyitnesses, and such other witnesses as
the Governor may additionally propose for examination,
The committee adjourned until to-morrow 3 o'clock P. M.
72
Representative Hall, 4th December, 18,22.
Three o'clock, P. M.—Committee met.
Present Messrs. Abercrombie
Lawhon
Campbell
Cutbbert
Epson
Kenan
Jackson
Sheftall
Hutchinson
The chairman laid before the committee the following communica-
tlon from Col. Hammond.
" Herewith I send you a list of the names of persons that I request
may be examined in my behalf, before the special committee to whom
has beer, referred so much of the Goveri <»r's message as relates to
my official conduct as Secretary of State, to wit.
" George R. Clayton
Edward Cary
William H Torrance
Jonn II, Lamar
E. H. Pearce, and
John JBozeman.
"4th December, 1822."
Mr. Cufhbert laid on the table a resolution requesting the chairman
of the committee to apply to the House for leave for this committee to
sit during the session of the House: and also to authorise five mem-
bers of the committee to proceed with the examination of witnesses,
and the duty of interrogating be confined to the members originally
appointed, and to such other member as either of them may designate
in his absence.
Committee adjourned until to-morrow, 9 o'clock, A. M.
Mine o'clock, A. M.—Committee met.
All the members present.
Mr. Cuthbert called up the resolution he laid on the table yester-
day, which was read and agreed to, and is as follows.
" Signed, ABNER HAMMOND.
" To John- Abercrombie, Esq.
Chairman, Special Committee;
Representative Hall, 5th December, 1822,
ys
Resolved, That the chairman be requested to apply to the house Fhf
leave for the committee to set during the hours of session of the
House,
Resolved, That five members be authorised to proceed with the e»
ami nation of witnesses ; but the duty of interrogating shall be confi-
ned to the member originally appointed for that purpose, and to such
other members as either of them may occasionally designate in his ab-
sence.
EDWARD CJARY a witness on the part of Col. Hammond was in-
troduced, sworn and examined.
Inter rogatories by Mr. Upson.
1. Do you know at what time Col. Hammond left the seat of gov*
ernment ?
Ans. I believe it was the 1 Itb or 12th of July last,
2. Do you know the cause of his leaving it '?
Ans. He told rne he was going on a trip to the low country for the
benefit of his health; that he wanted to bathe in salt water.
3. Was it generally known in town and about the state house that
Col. Hammond was about to leave the seat of government for his
health ?
Ans. I cannot say that it was.
4. What time was Col. Hammond to return, or did he, when he went
away expect to return ; did you hear him say, and the place or places
whither he was going ?
Ans. I heard him say that lie expected to go to St. Mary's and pes-
sibly might go to St. Augustine. He told rne that he expected to be
back by the 15th August.
5. Have you not acted in the Executive department for §ome years,
and in other offices about the state-house ? '
Ans. Yes Sir.
6. What was the practice as to obtaining leave by officers when
sick or necessarily absent; was it done as a matter necessary to
absence, or was it considered a mere act of courtesy to the Gover-
nor?
Ans. No application was ever made that I know of except by the
secretaries to the Executive. The state-house officers were absent
on short journeys, but never asked leave, that I knew of.
7. Will you state what officers have had other persons to act for
them in their offices?; if so, the times when, and the persons who act-
ed, and the business they did ?
Ans. I have given certificates for the Treasurer to the Comptroller,
and given receipts for the Comptroller, toe particular times I cannot
specify.
8. Do you not know that if has been t! e uniform practice with a!-
in
74
most every officer about the state-house and that yith the knowledge
of the Governor to have some other person to act for them in case of
sickness or absence 9
Ans. I know only so far as this, that I have occasionally done bust-
ness for some of the officers which I persume was within the knowl-
edge of the Governor as he signed grants after I had checked them ;
and I believe Mr. Burch has done the same. -
9. Had you any power of attorney, or did you give an} bond or take
any oath, when you acted for other officers 9 "
Ans. No Sir.
10. When the Governor was sick or absent, how was the business
of the Executive office performed j were blanks signed previous to the
Governor's leaving the office to be filled up by clerks or secretaries 9
Ans. I know nothing of the present administration. The Gover-
nor for whom 1 was secretary, when they were absent, generally left
blanks signed which the secretaries filled up, when they were called
for, and entered on record.
11. How did the persons who acted for the officers of the state-
house generally sign 9
Ans. 1 signed, "Edward Cary, for George R.Clayton, Treasurer;"
and " Edward Cary, for James Bozeman, Comp. Gen."
Interrogatories by Mr. Campbell.
1. Have you frequently seen Col. Hammond since his last election,
and in the course of the time have you see him intoxicated 9
Ans. I have not seen him intoxicated lately that I know of.
2. Are you not of opinion that Col. Hammond's ill health was the
effect of intemperance, and what are the reasons of your opinion 9
Ans. I do not know that I can form an opinion. I should have to
go back ten or twelve years, for he has been afflicted ever since I knew
him.
3. You say that Col. Hammond mentioned some motives why it was
possible he should go to St. Augustine. State these motives.
Ans. I believe he said that he or his family had some "land
claims in Florida, and that when he got to St. Mary's that if there
was an office open in St. Augustine it was possible he might go there.*
4. When you may have been acting for other state-house officers,
did you sign your own name for the officer, or the name of the officer
himself 9
Ans. I signed, " Edward Cary, for George R. Clayton, Treas-
urerand " Edward Cary, for James Bozeman, Comptroller-gen-
eral."
5. Did you ever sign a grant for the Secretary,or give an exemplifi*
cation of an office book intended for evidence 9
Ans. No Sir.
75
Interrogatories by Mr. Upson.
1. How many years have you known the practice yourself of offt-
cers to have other persons to act for them.
Jlns. From 1813 to 1819 during the greater part of which time I
was secretary to the Executive, and subsequently, as I have already
stated, in reply to the questions before asked me, embracing a period
from the last mentioned date to somewhere about the time of Col.
Hammond's dismissal from office.
2. Does the Governor know your hand writing, and could he distin-
guish it from the Treasurer and Comptroller f
Jlns. I imagine he does, he could distinguish it very easily.
GEORGE R. CL \YTON, a witness on the part of Col. Hammond
was introduced, swbrn and examined.
Interrogatories by Mr. Upson.
1. Do you know what time Col. Hammond left the seat of govern-
men! ?
Jlns. 1 believe it was about the 11th or 12th of July last.
2. Do you know the cause of his leaving it ?
Jln$. He said it was on account of his health, anij with a view to
improve it.
3. Was it generally known in town and by persons about the state-
house that Col. Hammond was about to leave the seat of government
for his health ?
Jlns. I do not know. I believe it was generally known to those
about the state nouse. I heard several others mention it besides Col.
Hammond.
4. Have you not acted in the Executive department for some years,
and in other offices about the state-house; if yea, what was the prac-
tice as to obtaining leave by officers when sick or necessarily absent;
was it done as a matter necessary to absence, or was it considered as
a mere act of courtesy to the Governor ?
Jlns. Yes Sir. I acted in the Executive department for four or five
years ; I believe from 1800 to about 1806. While I was secretary to
Gov. Jackson, it was required by him, and the officers notified him and
a£ked leave. With respect to other Governors, 1 do not believe that
this practice was kept up by them.
5. Do you not know that it has been the uniform practice with al -
most every officer about the state-house, and that with the knowledge
of the Exqeutive to have some other person to act for them in case of
sickness or absence ?
Ans. Yes Sir, that has been the practice. The Secretary of state.
Treasurer, and Comptroller-general have had person® to art for thorn ;
I am not certain as to the Stuyeyor general.
id
6. Will you state what officers have had other persons to act for
them in their offices, the times when, and persons who acted, and the
business they did ?
Jns. Thomas Johnston acted for Capt. Marbury, who was Secretary
of s.ate, and Benjamin Cheares and myself have done the same. Mr.
Porter, Mr. Bozeman, and Mr. Gary acted for me at different times,.
My brother acted for me on one day in December last, when I was pre-
vented getting into town by high water, and Mr. Burch has acted for
me on a similar occasion. I have known Mr, Gary, Mr.. Burch and
Mr. Morgan and Mr. John H. Lamar to act for the Comptroiler-gene-«
*ul, and Mr. Porter some years back when he was here.
7. Had the persons who acted for you any power of attorney, or did
they give any bond or take any oath ?
Jus. None that I know of.
8. How did the persons who acted for the officers of the state:hous6
generally si^n ?
Jns. Mr. Johnston has signed both ways," Thomas Johnston, deputy
secretary,'' and " Thomas Johnston, for Horatio Marbury, secretary."
Mr. G hears signed each way, also. I signed "George R. Clayton, for
Horatio Marbury, secretary. The others signed their names for the
the officers as "Edward Gary for George R. Clayton" and "John
Burch for James Bozeman."
9. TIqw long have you known the practice .yourself of officers to
have other persons to act for them ?
Jns. It has been a practice ever since I have been an officer about
the state-house until about the 12th of August last.
10. Bo you know of any instances in which the Secretary of state
or any other officer about the,state-house has acted by deputy or under
power of attorney or other authority from the Secretary or other offi-
cer ? ,
Jns. I know of no regular deputation, other than Mr. Johnston had
a power of attorney from Capt Marbuty. I do not know whether
Mr. Chears had a power of attorney or not. I have acted for Capt.
Marbury, but I do not recollect whether I had a power of attorney or
not, arid while acting for him I signed a proclamation.
11. Was the great seal of the state attached to the proclamation
you signed ?
■ Jns. Yes Sir.
12. Did you ever hear the present Executive say any thing to any
officer about applying to him tor leave of absence, and whether he re-
ojuired him to do so or not ?
Jns. 1 never beard hint require any officer to apply to him for
leave of absence. Shortly after the present Governor was first elect-
pd, he sent tor Mr. Bozeman and myself to the Executive office, when
he informed Mr. Bozeman that he understood he was abeut going to
Grrn ne, and he hud-sent for him to make the appointment of State
Directors fur the Augusta Bank. Mr. Bozeman then said that he did
77
not intend to have gone without apprising him of it: the Governor
replied that it was not on that account he had sent for him, nor did
he know that it was necessary, but because he wished the appoint-
inent made before he went away.
13. Has any person in particular ever done your business in jour
absence; if yea, who, and whee, and was it with the knowledge of
the Governor ?
Jlns. The rarsons I have before mentioned have acted for ra£, and
it was within the knowledge of the different Governors at the times
of their acting. The present Governor knew of Mr. Gary's acting
for me, and 1 once applied to him to let Mr. Jail let act for me when
Mr. Gary and mjself might both be absent. He refused, saying that
he preferred that Mr. Gary should act for me, as he had bcbii in the
habit of doing ray business ; and if I should let every one do it, I
might be blamed and himself also. I cannot now say a! what partic-
ii ar times persons have acted for me, except in the case, of my bro-
tlier, and as to Mr. Gary's doing so in June last, when I was sick.
14. What length of time was Capt. Mar bury absent from the seat
of government, and what was the cause of i;£
Jlns. I ihink he was absent three or four months. His absence was
caused by being shot in a duel, which shattered the bone of one of
his thighs.
15 Did Capt. Marbury previously act for Col. Milton, Secretary of
State; if yea, state the length of time Milton was absent, and the
cause of it'?
Jlns. 1 was not an officer in the state-house at that time, and can
onlj answer from the circumstances that I have seen him in the office,
and its being generally understood that he transacted dm business for
Col. Milton. At that time, Col. Milton lived vuUi his family in
Burke, and was frequently at home.
Interrogatories by Mr. Campbell.
1« About the time Col. Hammond left the seat of government, was
not the Governor uniformly about his office ?
Jlns I believe he was. I do not recollect that he was absent about
that time.
2. Have you occasionally been absent since you held offices in the
state-house, and have you ever absented yourself any length of time
without informing the Executive of the lact and obtaining his per-
mission ?
Jlns. I have. I do not believe that I always notified the Governor
when I was about to be absent, though I have done so in some instan-
ces. When I was Secretary to Gov. Jackson 1 went out of the state,
hut I had his permission ; and I always asked his leave when 1 wished
to be absent from the seat of government.
3. Have you on any occasion been absent as long as a week or a
fortnight without asking permission i
7$
tins. I was absent with my family a part of two summers at Athens,
which was I believe in 1813 and 1814. I would go there and stay a
week or two and return, and go back again. I do not recollect that
I notified the Governor of my going.
4. Have not the acts of those persons who signed for Capt. Marbu-
tj been since legalized ?
»ins. I have seen a law legalizing the acts of Deputy-secretaries of
State, passed in 1809 or 1810.
5. Before the Governor proceeded to make the appointment of
Whitaker, did he not ask you if you knew of any law or resolution
authorising a Deputy secretary, or authorising one person to sign for
another, and what was your answer ?'
Jns. The Governor asked me that question twiee; once before he
Went to Athens, when 1 told him I did not, unless a law which had
been passed in 1809 or 1810, for legalizing theabts.of Deputy secre-
taries of State, gave such authority j and again on the 12th of August,
when I told him I did not—and at that time I mentioned to him Jonn-
ston's having acted for Marbury under a power of attorney.
6. Have you not said that Col. Hammond had no person to blame
for bis removal but himself?
rins: Not that L recollect. I am confident I never said so.
7. What acts in your office are those which have been performed by
others within the knowledge of the Governor ?
tins. I do not know that he knew of any other acts done for mef
but the receipting on plats and testimonials.
8. Do you know any thing of Col. Hammond's intemperanee within
the last twelve months ?
Ans. I do not Sir. I thought on the, evening of the day of his last
election he had drank too much, but 1 cannot say that he was incapa-
ble of transacting business; since that time I have not seen him in-
tosicated.
9. Is not Col. Hammond more attentive to his office now than* he
was before the 11th of July last?
Ans. I do not know that he is.
10. Was he not frequently absent previously to July, for days and
weeks together ?
Ans. He was frequently absent for days, I cannot say for wrceks to-
gether.
11. Has he been absent since he was restored to office as much as a
week at a time : haye you known him absent a day ?
A'is. I do not think he has. I have known him absent a day or two.
"?9
Interrogatories by Mr. Upson.
1. Did you consider it a legal or constitutional right of the Gover-
nor, that you should notify him of your absence ?
Jlns. No Sir, except when I was Secretary to the Governor.
2. Did you consider your office vacant, or > your bond forfeited, if
you did not notify the Governor of your absence, or intended absence ?
Jlns. No Sir.
3. Did not the Goyernor know of the power of attorney from Ham-
mond to Crawford before he went to Athens, or have you not reasons
to believe so ?
Jlns, I do not know. From the circumstance, of the Governor ask-
ing me before he went to Athens, whether I knew of any law autho-
rising the Secretary of State to have a deputy, I should suppose so.
4. When persons w^re permitted by the Governor to act for you,
were they restricted by him to any particular business of the office ;
and did they not do all the business of the office.9
Jlns. No Sir; not that I know of. Mr. Cary performed any busi-
ness that was requisite to be done during my absence j so did Mr,
Porter.
5. Was not Col. Hammond's health very much improved by hi?
visit to the low country ?
Jlns. I thought it was.
JOHN BOZEMAN, a witness on the part of Col. Hammond, was
introduced, sworn, and examined.
Interrogatories by Mr. Upson.
1. Did you see Col. Hammond on his return from his visit to the
low country in August last: if yea, say what place, day of the week
and month you saw him, and the time of day ?
Jlns. I saw him at Bond's Mills, ten miles from this place, which
was on the 17th dayNof August. He informed me that he had been in
the low country. It was on a Saturday, about 12 o'clock.
2. Did you then give him the first intirfiation of his removal from
office by the Governor: o* had you any reason to believe that Col.
Hammond was informed of it at that time?
Jlns. I cannot say. f mentioned it to him, and as soon as he heard
it he started immediately on towards Milledgeville, He informed me.
since that he had never heard of it before that time.
&0
If.. FIERCE, a witness on the part of Col. Hammond, was in-
vffi'uaced, sworn, and examined.
Interrogatories by Mr. Upson.
1. Were you present on the day when Mr. Whitaker was placed in
the office of Secretary of State ; if yea, you will say what took place:
state the observations and circumstances in full, what day, and the
time when each circumstance took place ?
jlns. I was present on the morning of the 13th August last, I be-
lieve about 9 o'clock: The Governor, attended by one of his Secreta-
ries, (Maj. Wood,) conducted Mr Whitaker into the Secreiary of
State's office, and told Mr. Crawford he had appointed Mr. Whitaker
Secretary of Sta'e, and requested him (ogive up the office, the books,
records, &c. together with the key, to Mr. Whitaker, saying he had no
doubt Mr. Whitaker would retain him and the other young man as
clerks. Mr. Crawford replied, that he was placed there by Col. Ham-
Inond, and did not feel hims If authorised to give up the office to any
other person. < Mr. Whitaker made some observation to the Governor,
and the Governor replied, that if he (Crawford) did not give up the
office, he would take proper steps to make him do so—that he would
'have him taken with a warrant. The Governor left the office, and Mr.
Crawford told Mr. Whitaker that he would go up town, and return in
a short time and let him know his determination. Mr. Crawford went
out, leaving the office in the care of the other clerk, (Mr. \skew.)
On his return, which I believe was between the hours of 10 and 11
o'clock, he came into the Surveyor-general's office and wrote a note,
which he handed Mr. Whitaker, which was in substance that he did
mot consider any other person but himself authorised to act in that
office as Secretary of State; he should, therefore, continue to act as
such. Mr. Crawford went and resumed his seat in the Secretary of
State's office, and told the other clerk to proceed with the business of
the same, Mr, Whitaker objected, and the Governor came again into
the office of Secretary of State, and told Mr. Crawford if he did not
give |Hj3;c:sfon of the office, he would have him taken out by force,
or word .5 lard amount to them, and observed, on leaving the office, if
he was in Mr. Whitaker's place he would take Crawford by the heels
and throw him out at the window. After dinner, the Executive order
declaring the. office of Secretary of State vacant, was presented to
Mr. Crawford, 1 believe by Mr. Whitaker. Mr. Crawford refused to
.give possession, and a carpenter was sent for; he came to the Secre-
tary of State's office and inquired which lock they wished taken off".
Mr. Crawford made him acquainted with the circumstances, and or-
dcrcd him not to touch the lock ; the carpenter observed, that he'did
not know there was any difficulty attending it, and walked towards
the Executive : some person called him, and told him not to have any
thing to do with it. He returned into town, and again he was sent
for: he came, and went towards the Executive. When he returned,
Mr. Burch and, I believe, Mr. Wnitaker returned with him. Mr,
Ruich said he would see if he could not have the lock put on. The
door was shut and immediately opened, a combat commenced between
Mr. Ihrch arid Mr. Crawford : an old gentleman who was r.zti the
81
door placed himself in it, (half the door being shut) and swore no pe*>..
son should enter ; he was however removed by the persons in the pas- .
sage, and ffie combatants were parted. The Governor came into the
office immediately afterwards, apparently in a pasgiop, .and .said hej
had 'he control there and was responsible for the consequences; order*
ed the carpenter to put on the lock; he obeyed, and,.Mr. Crawford
retired.
2. How were the duties of the office performed ffinl tKd absence of
Col. Hammond ?
Jlns. I believe they were performed very well.
3. Was it generally known about the state-house that Col. Ham-*
mond was going away ?
Jlns. Yes Sir. I believe it was.
4- Did the Governor know of his going?
Jlns. I do not know whether he did or not,
3. Was it known on the day, er within a few days, that Col. Ham-*
mond had left a power of attorney for Crawford to act for him ?
Jlns. I knew it myself the day that Col. Hammond iiiade it.
6 Ho you know when the Governor or Maj. Wood first came to the
knowledge of it ?
Jlns. I do not know.
7. Was it before the Governor went to Athens that Crawford told
Wood of the power of attorney ?
Jlns. I do not know.
Interrogatories by Mr. Campbell:
1. What other persons were within hearing when the Governor
told Whitaker that if he were in his place he would take Crawford
by the heels and throw him out of the state-house ?
Jlns. There were Mr. Lamar, Mr. Askew, myself, and I believe
Mr. Bruen.
2 Have you examined the records and proceedings of the Secreta-
ry's office while Cel. Hammond was absent ?
Jlns. I have not particularly. I have looked through them several
times.
3. How do you know that it was generally known that Col. Ham-
mond was going away ?
Jlns. I heard the different state house officers speak of it, and the
clerks also.
Committee adjourned to 3 o'clock.
it •
-82'
Representative Hall, Cth December, 182#<
jt/iree o'clock P. wU—Committee met.
All the members present.
SIMON WHlTAKER was again introduced and further exatn-
ined.
Interrogatories by Mr. Upson.
1. Did or did not Crawford notify you in writing that he could not
consider you Secretary of State, inasmuch as he nad seen no oider
or appointment to that effect, and until he did, he (Crawford) felt
himself bound to aet£
.fins. When I went into the office Mr. Crawford went out, and after
an hour or two he came in and handed me a small note in writing, in
which he stated that he could not consider me as authorised to act as
Secretary of State, and that he felt bound to act himself. I replied
to him, Mr. Crawford you know you cannot act.
2. Did you or did you not then go to the Executive office and ob-
tain a copy of the order declaring Hammond'g off ce vacant, together
with a copy of your appointment, and were not the orders shewn to
Crawford by you ?
Ans. I did not go at that time. Mr. Carnes, one of the Executive
Secretaries, came In shortly afterwards, and I requested him to hand
it to the Governor. I did not go to the Executive office until after
dinner, when a copy of the Executive order was handed me, which T
presented to Mr. Crawford.
S. Did or did not Crawford cease to perform, or attempt to perform
any of the functions of Secretary of State as soon as the written or-
fiers were shewn him ; and was not this between 3 and 4 o'clock in
the afternoon of the 13 th of August ?
Ans. I do not know that he attempted to do any thing afterwards.
I think it was between two and three in the afternoon, when I handed
him the orders.
4. Did you not state to Mr. Williams Rutherford, on the morning of
the 19th of August, that you were willing and wished to resign, but
that the Governor would not permit it, or if you did, that the Gover-
nor had told ^you that he had made up his mind to give the office to
gome person in Jones county; or what did you say to Mr. Rutherford
on the subject ?
Ans. Mr. Rutherford came into the office and said his visit was to
see me, and stated that he had come up to suggest the propriety ot
my resigning or leaving the office, and let Col. Hammond take posses-
sion, inasmuch as he had returned sooner than was expected. I told
lam no, that I had taken the oath of office, and that I must respect it,
send did not feel authorised to give up the office and go off and act in
m,
that manner. I believe I told him that I was so displeased with CdJ.
Hammond's conduct, that I should not resign unless the Governor
wished it, and that I thought I could not get clear of it without re-
signing. I believe I told him that I was perfectly willing to have
given up the office when I was first appointed. I never told him or
any other person, that the Governor was unwilling for me to resign.
My allusions are to the time previous to Col. Hammond's return* Af-
ter he came back, I believe' he (the Governor) said he did not wish
me to resign. In the first instance, he told me that if I did not accept
of the appointment, he wpuld give it to some other person; and at
that time, or shortly afterwards, mentioned that if I did not accept,
he would give it to Maj. Ruffin.
5. By wh'ose advice or directions was it, that you went For the war-
rant?
Am. The Governor stated to me that I had taken the office and
that I ought to protect it, and said I had better get a warrant for
Crawfora for his rudeness, and because he. would not give up the key.
When I spoke to the magistrate about it, he laughed at it, and did not
pretend*to look for any law on the subject.
Mr. Whitaker states, by way of explanation, as follows, with refer.-
Once to some of his testimony:
The Governor made some remarks immediately after requesting
me to continue the young men in office, regretting having cause to
adopt the course that he had, and that Col. Hammond might perhaps
complain ot the course that he had adopted ; but that he felt bound to
do so. I then replied, that I thought Col. Hammond ought to have
attended to the office.*
ELL3HA WQOp was again examined.
Interrogatories by Mr. Upson.
i. Did the Governor* know of the existence of the Executive (ij:-
ders of 1798 and 1799, when he removed Hammond and appointed
Whitaker, or any other Executive orders of the same tenor; and have
you any reason for believing that he did or did not know of them ?
Ans. I do not know whether he did or not. I have no particular,
reasons for believing that he did or did not. I recollect that the Gov-
ernor mentioned he had seen or heard of such orders having been
passed by Gov. Jackson, and asked the Secretaries to search and see
if they could be found, I believe it was after Whitaker was ap<-
pointed.
% Who requested you to search for those orders ?
AnS. I believe it was by the Governor.
3. Who requested you to look for the order requiring Robertson to
return to the seat of government ?
■Ans. I do not recollect
84
Did you carry those orders for publication, and at what time ^
*Qns. I carried one or two, but do not recollect the time.
JOHN BURCH was again examined.
Interrogatories by Mr. Upson.
1. Did the Governor know of the Executive orders of 1798 and
1799, when he removed Hammond and appointed Whitaker ?
Ans. I do not think he did.
2. Who requested you to look for the order requiring Robertson to
return to the seat of government ? <
Ans. I believe the Governor did, though 1 am not certain. While
looking for the order concerning Robertson, I believe the o hers were
found, and so far as I know, the Governor had no knowledge of them
until then.
3. When you first showed the orders to the Governor that were
found while searching for the order concerning Robertson, 'did he ap-
pear to be acquainted with their existence ?
Ans. It appeared that it was the first he knew of them.
Interrogatory by Mr. Campbell.
I. Is it not your belief that the Governor was in office on the 10th
and 11th of July, and what are the reasons of your belief?
Ans. I have no doubt of his having been there on the llrh, and 1
believe he was there on the 10th, for the reason that on the 11th there
were eleven grants passed, and several letters written, as well as other
business done; and on the 10th, there were twenty-six grafts passed,
and other business done.
Interrogatory by Mr. XJpson.
1. Was the Governor in'his office on the 8th and 9th of July all
flay?
Ans. It is impossible for me to say without referring to the jour-
saal.
2. Do you not Write letters on a day or two before they are dated
and signed by the Governor ? '
Ans. I do not remember of having seen a letter written but on the
day it bore date.
3.. Does th$ Governor sign the grants always the day that the grart
passes ?
Ans. No Sir ; he signs blanks frequently before the grant is made
out
Committee adjourned until to-morrow 9 o'clock, A. Br,
85
Representative Hall, 6th December, 1822.
JVine o'clock, A. M.—Committee met
All the members present
i ^
ELISHA WOOD came before the committee and explained and
corrected certain points in his testimony as follows, and is in answer
to the eighth interrogatory by Mr. Upson to him on the first examina-
tion.
" In the Governor's absence at Athens I had a conversation with
Mr. Crawford concerning his power of attorney from Col. Hammond^
he requested me to inform the Governor that he had such a power,
which I did after the Governor's return. I had at some time seen Mr.
Crawford recording the power of attorney, and was under the itnpres-
sion that it was in the Governor's absence at Athens also. This im-
pression arose from the circumstance of my having given no intorma-
tion to the Goverrior concerning the power'untii after his return. But
I am by no means certain as to the time when I saw Mr. Crawford re-
cording the power. It is possible that the information I gave the Go-
vernor concerning the power of attorney was before he set out for
Athens, but if it was, I have no recollection that such was the fact."
In relation to the Executive orders that Mr. Wood was interrogated
about' yesterday, he also adds, " I believe 1 can say positively that the
orders were discovered after Mr. Whitaker was appointed."
*
Mr. L AZENBY, a witness infavor of Col. Hammond was introdu-
ced, sworn and examined.
Interrogatories by Mr, Upson.
1, Have you ever obtained any grants which were checked by Mr.
Burch or any other person for the Comptroller-general; if yea, when,
how many, and where was Burch when he checked them, and where
was the Comptroller at the time ?
Arts. I have'taken out of the office three grants which we're check-
ed by Mr. Burch : they were signed "John Burch, for Janies Boze*
man, Comptroller-general.'5 Mr. Burch was in the Executive office. It
was about the 10th of July last. I do not know where Mr. Bozemart
wa's. ' 4
2. Where Was the Governor at the time Burch was checking the
grau ts ?
tftns. He was sitting at the head of the table about five or six feet
ftpra him.
Committee adjourned to 3 o'clock, P. M.
8 «:•
Representative Hall, 6th December, 18£2.'.
Three o'clock P. M.—Committee met.
All members present.
Mr. Cuthbert laid on the table a resolution for the testimony anil,
documents to be referred to a sub committee with instructions to pre-
pare a report thereon : Also that any further testimony which may
be taken by the committee be referred without loss of time to the same
subcommittee.
Mr. Upson laid on the table the following; resolution : a motion was
made to dispense with the rule of the committee and take up the re-
solution.
On the question being put it was carried.
The resolution was then taken up and agreed to.
Mesolved, That' his excellency the Governor be respectfully re-
quested to transmit to this comir;i;tee on to-morrow morning at 9
o'clockjor as early therpafter as possible, the opinions of Solicitors ge-
neral Van Allen and Caldwell, documents marked No. 8 accompany-
Lng the message of Governor Jackson in January 1799, and the oping
Ion of the Attorney or Solicitor-general, marked as document No. 10,
accompanving the message of the Governor to the legislature in the
fall of 1799.
Mso, The file of newspapers of the year 1798, containing the pub-
lication of the order for the return of William Robertson, Secretary
of the Senate, to the seat of government.
JOHN A. JONES, a witness on the part of Col. Hammond wag
introduced, sworn and examined. -
1. Had you any conversation with Mr. Whitaker on the subject of
Ids resigning the office of Secretary of state, the day that Col. Ham-
mond demanded the office, if yea, state what was said ?
Ans. As I was leaving the state-house on the morning of the 19<hof
August, as near as I can recollect, about thirty or forty minutes after
Col. Hammond left the Executive office, Mr. Whitaker coming from
the Surveyor general's office accosted me, and appeared desirous of
entering into a conversation with me ; and after a few observations
said he believed Col. Hammond was angry with him, but that he
should not be, for if any person was to blame it was the Governor. I
said I supposed that Col. Hammond was under the impression that
any person ought to know that the appointment was illegal, and that
he was mad with him for accepting. He stated that when Cob Ifam-
mond returned he wished to resign, but th&t the Governor was nbt
willing. I remarked that he (Whitaker) was a free agent, and should
consult his own feelings without regard to the Governor's wishes : he
said no, that the Governor wonld not re-appoint Col. Hammond if he
did resign, and that if any person other than Col. Hammond was to
liave tlie office, it had as well be him as another. I declared & as my
opinion that if he discharged the duties of the office, it would be for
the benefit of Col. Hammond, as I did not think he would be entitled-
to the fees J that I did not consider him legally Secretary, and that £
should not feel bound to obey an Executive proclamation tested by
kim.
2. Had Whitaker seen the Governor to converse with him after
Hammond had demanded the office, and previous do the conversation
you have detailed ?
Arts., I do not believe he had ; unless he was in the Executive d<~
partment while I was in the Treasury office, which was immediately
after Hammond returned from the state-house; I do not think he could
have seen him, and I was there but a very short time.
Interrogatories by Mr. Campbell.
1. Were any persons present when this conversation took place be-
tween you and Mr. Whitaker ?
Ans. None Sir.
2. Did not Mr. Whitaker say that after Col. Hammond's conduct
he did pot believe that the Governor wished him to resign ?
Ans. He did not Sir,
3. Did not Mr. Whitaker say that he would then fesign if it was
the Governor's wish, but that he believed it was not his wish ?
Ans. He did not make that observation; but he said that when Co!,
Hammond returned he wished to resign, but that the Governor was
not willing.
4. How long after Hammond called at the Secretary of slate's Of-
fice before you had this conversation with Whitaker f
Ans. Col. Hammond was in the Secretary's office I believe not
more than five minutes, and from thence went immediately to the Ex-
ecutive, where he did not, as well as I recollect, remain more than
live minutes more, and I belie've the conversation with Whitaker was
within thirty or forty minutes thereafter. But the occurrences passed
rapidly, and the excitement at the time was so considerable that f may
be mistaken in a few minutes.
f 5. Did you tell Whitaker that you thought he ought to have gore
out oftne office when ITammond demanded it^ and that the Governtr
could not then have ousted Hammond ?
Arts. I do not recollect that I did.
6. Did Whitaker tell you that he had given bond and taken an o&th
and that he should respect it, and that Co!. Hammond had taken
Wrong steps to get his office ?
Arts. I do not recollect that he did. I think not.
7. Do you think you have now stated all that passed between* you
and Mr. .Whitaker ?
And: I think I have stated the substance'of what passed betweeh
"■», and I believe nearly in the same words.
88
8. How many witnesses had Col. Hammond with him when he de*
ihanded the office ? , ,
Jins. I do not know. Col. Hammond asked myself and I be'ieve
three or four others, not exceeding half a dozen, to walk with him to
the state house.
9. Do you know that Col. Hammond did not invite all that were
present £
Jins. I do not know. J do not believe he did.
10. Did you hear any of the witnesses or persons that accompanied
Col. Hammond threaten to turn the Governor out of office, or use vi*
olence towards him ?
Jins. No Sir.
11. Did you threaten violence to the Governor yourself, or encour-
age any person to use violence towards him ?
Jins. I did not Sir.
12. When Col. Hammond retired from the state-house, did all his
witnesses except yourself accompany him ?
JLns. I do not know sir.
13. Have you not said if any person would stab the Governor or
use other violence towards him, that you would stand between them
and danger, or words to that effect ?
■Jins. (The witness to Mr. Campbell—Your question is irrelavant to
the subject, but I will answer it.) I never said so sir, nor words to
that effect.
14. Did you hear Col. Hammond's abuse of Mr. Whitaker, and
what was it ? , 1
Jins. When Coll Hammond went into the office he asked Mr, Whit*
akcr by what authority he held that office ; he answered " by an Ex*
^ ecutiveappointment." Col. -Hammond said, "areyou and the Exec*
utive such damn'd fools as'to believe he has the authority to make
such an appointment?"—and then demanded his office; when Mr,
Whitaker refused, Col. Hammond then'called him by some abusive
expression, (f think it was a contemptible puppy?) and said he would
make him, suffer for it, and left the office.
15. Didfjyou hear Col. Hammond's abuse of the Governor, and what
was that abuse and the circumstances?,
Ans. I was a few feet behind Col. Hammond when he entered the
Executive chamber; several persons rushed in at the door so that Ij
did not hear the first part of the conversation. As I gained the door
I saw the Governor seated in the Execut:ve chair, and Col. Ham-
mond about half way between the door and the Governor. I heard
him say," do not abuse me in my officeCol. Hammond replied,
"abuse you ! You are to insignificant a scoundrel," and turned round
and was retiring from the office, at the Same time the Governor rose
and stepping quick to the recess on the left of the fire place, took
his cane and walked quickly after.Hammond, saying, " get out of the
89
office, get out of the office," his stick elevated slightly above a hoH?
zontal position ; when he got nearly within strildng distance, Col-;
Hammond turned round and raised his stick to about the same posi-
tion j the Governor stopped; hesitated a moment and returned to
his seat apparently very much agitated : Col. Hammond turned about
and walked out of the room, saying, " 111 let you know you insignifi*
cant scoundrel," or words to that effect.
|C7* N. B. I do not recollect whether I have heard from others, or
whether I heard Col. Hatnmond say to the Governor " I could take
the office as you have done, but I will not follow the disgraceful ex-
ample you have set," but 1 believe it was said before I reached the
door, and that I heard it from some other person.
16. How many peVsons entered the office ?
Ans. I persume there were ten or twelve, or perhaps not so many.
17. Did you hear all that passed between the Governor and Col.
Hammond ?
Ans. I persume I did not
IS. Have you taken any part in this investigation by advice, orsug-
gesting the course of examination, or any question to be asked either
witness ?
Ans. I have Sir.
Interrogatory by Mr. Upson.
1. You state that you have taken some part in this investigation in
some way; please state wlien and how it was done.
Ans. On one evening of the sitting^ of this committee, a question
occurred to me as being proper to be asked : I wrote it on a piece of
paper, and handed it to one of the members of the committee who
conducted the examination.*
The Executive orders that were called for by a- resolution of the
21st ult. were taken up and read.
Executive Department, Georgia,?
Mllledgeville, 12th Aug. 1822. 5
Abner Hammond, Esq. Secretary of State, having absented himself
for some time past from the seat of government, without the permis-
sion or knowledge of the Executive, on a visit, as it is understood, to
the sea board, and thence to St. Augustine, which makes it very un-
certain when he will return, and there being no law or resolution of
the Legislature authorising a deputy to discharge the duties of said
*The question Mr. Jones wrote, was the second question in the cross-exa-
urination of Mr. Bozeman by Mr Upson, and was in these words.
" Would the Secretary of state put the great seal to a grant, without your
^certificate that it had been entered ?
Art sicer. No."
12
$)•
office, it is therefore considered by the Executive that the office which,
he filled as Secretary of State is thereby vacated—Whereupon it is
Ordered, That Simon Whitaker, Esq. be and he is hereby appoint-
ed Secretary of State, to fill said vacancy: And that the said Simon.
Whitaker, on his accepting the same, attend forthwith at this otlice,
for the purpose of entering into bond and being qualified, agreeablo
to the constitution and laws of this state.
Attest,
JOHN BURCH, Secretary.
Executive Department, Georgia, ?
Milledgevilley 13th Aug. 1822. 5
Simon Whitaker, Esq. appointed yesterday Secretary of State, vice
Col. Abner Hammond, attended this morning, and having given bond,
with Marlow L. Pryor and John Williams, of the county of Baldwin,
as securities for the faithful discharge of his duty, the oaths of office
were then administered to, and subscribed by him. [See path Book
B. pages 7, 24, and 52.J
Whereupon, the said Simon Whitaker, Esq. was placed in posses*
sion of the office and the great seal of the state by the Executive s is
in the discharge of the duties of Secretary of State, and is to be re>:
spected accordingly.
By order of the Governor,
JOHN BURCH, Secretary,
during the time I was employed by Colonel Hammond, in the office
of the Secretary of State, by his request and direction, I often signed
his individual name to grants and commissions, when he Was in a situ-
ation that rendered him unable to sign it himself.
# Georgia, Baldwin County.
Personally appeared before me, Absalom B. Beckham, who being
duly sworn, saith that the above statement is just and true.
ABSALOM B. BECKHAM.
Sworn to, before me, this 4th of November, 1822.
MARLOW PRYOR, J. P-
True copy from the original in the Executive Department.
WILLIAM C. LYMAN, Secretary E,v. Bey
Mwecniite OjJic$A 5th Nov&mber, 1823f
91
Executive Department, X
Louisville, Friday, FeVvy. 2, 1798. >
Ordered, That the Officers mentioned in one of the amendments to
the Constitution of this state to reside at Louisville, and all othe r offi-
cers whose necessary attention is required to furnish extracts for the
use of the citizens who may, in the recess of the Legislature, apply
for them, are commanded to remain at the seat of government with
their offices, to further the means of general information. No absence
will be permitted but through leave first obtained from the Governor.
Executive Department,
Louisville, February 7, 1798. £
Sir—I have received your application for leave of absence from the
dutjes of your office. Your reasons appear proper so far as regards
your health and a change of air I have, in consequence, directed an
order to be entered on the Executive Journal, by which you have leave
for one month from this day—being myself compelled to go for Savan-
nah to bring my family hither, shortly after that period, the presence
of yourself, the Treasurer, and my Secretary, will be necessary during
my absence.
I request that the Order for a report of the situation of your office
issued this day be complied with and subscribed under your hand pre-
vious to your leaving Louisville; it will not do to leave the Great
Seal and records exposed, and I cannot take proper measures without
it.
Wishing your perfect restoration of health,
I am. Sir, your most obedient servant,
(Signed) JAMES JACKSON,
Colonel John Milton,
Secretary of State.
Executive Departmemt, }
Louisville, February 9, 1798. 5
Ordered, That office hours of the several state officers duribg the
recess of the Legislature, be from 9 o'clock in the morning, until 1 o'-
clock in the afternoon, and from 3 o'clock in the afternoon, to 5"o«
clock in the evening until the 22d March ; and from 3 o'clock in the
afternoon, until 0 o'clock in the evening, from the 22d March to the
22<i September, and that the Secretary of Senate and Clerk of the
House of Representatives do report where their different offices are
kept.
True copies taken from the records of the Executive Department*
ELISIIA WOOD, Secretary Fx. Dev.
Executive Office, 4th October, 1822,
92
Executive Department, £
Louisville, Thursday, 8th Nov. 1798.5
On application of John Berrien, Esq. Treasurer:
Ordered, That John Berrien, Esq. Treasurer of this state, have leave
of absence from the seat of government, to attend the Superior Court
of the county of Richmond, on account of John Berrien, Esq;
True copy from the records in this department.
W. C.*LYMAN, Secretary Ex. Dep.
Executive Office, 5th Nov. 1822*
Executive Department, >
Louisville, 16th Feb. 1799
On a letter of this date from Daniel Sturges,^Esq.
Ordered, That the Surveyor-general have leave of absence from
the seat of government, agreeably to his request
True copy from the records in this department.
W. C. LYMAN, Secretary Ex. Dep.
Executive Office, 5th Nov. 1822.
Executive Department, ?
Louisville, Feb. Q%d, 1799.5
On a letter of this date from Col. John Milton:
Ordered, That the Secretary of State have leave of absence from
the seat of government.
True copy from the records in this department.
W. C. LYMAN, Secretary Ex. Dep.
Executive Office, 5th Nov. 1822.
Executive Department, >
Louisville, Monday, March 4th, 1799-5
On a letter of this date from John Berrien, Esq.:
Ordered, That the Treasurer have leave of absence from the seat
of government, agreeably to his request.
True copy from the records in this department.
W. C. LYMAN, Secretary Ex, Dep.
Executive Office, 5th */V ev. I?22,
93
Executive Department, ?
"Louisville, Thursday, 4th April, 1822.5
Oji application of this date from Daniel Sturges, Esq.:
Ordered, That the Surveyor-general have leave of absence agreea-
bly thereto.
True copy from the records in this department.
W. C. LYMAN, Secretary Ex. Dep..
Executive Office, 5th JYou. 1.822.
AUGUSTA, July 31, 1798.
Executive Department, ?
Louisville, 7th July, 1798. £
Ordered, That William Robertson, Secretary to Senate, do imme-
diately return to the seat of government, he having been absent about
six weeks without leave.
Attest,
THOMAS JOHNSON, S. E. D.
Executive Department, Georgia,?
Mtlledgeville, 9th Dec. 1822. 5
I certify that the above is a true copy, taken from " The Augusta
Chronicle, and Gazette of "the State?' published on Saturday, 21st
July, 1798.,
JOHN BURCH, Secretary E. H
Executive' Department, ?
Louisville, Wednesday, July 1 Ith, 1798.5
' 1
Ordered, That' William Robertson, Secretary to the Senate, do
immediately return to the seat of government, ha having been absent
about six weeks without leave.
1
'Executive Department, Georgia,
Louisville, Saturday, September 8th, 1798.)
On application from Daniel Sturges, Esq. Surveyor-general, it is.
Ordered, That the Surveyor-general have leave of absence from
the seat of government for one fortnight or a month. t
Executive Department, Georgia, >
Milledgevillei 23d November, 1822. )
-I hereby certify that the above is a true copy, taken from the rec-
ords ol this office*
JOHN BURGH, Secretary E. D.
Executive Department, ?
Louisville, Saturday, 3d JYdv. 1798.)
Op application from William Robertson, Esq.:
Ordered, That William Robertson, Esq. Secretary to Senate, have
leave of absence from the seat of government until the 20th of Dec.
he leaving some person to officiate for him in certifying any extracts
that may be wanted.
Executive Department, Georgia, 7
Louisville, 22d February, 1799. )
Ordered, That the* Secretary of the State have leave of absence
from the seat of government.
Executive Department, ?
Louisville, 15th June, 1799.)
Ordered, That the Treasurer have leave of absence from the seat
of government, agreeably to his wish expressed this day.
Executive Department, \
Louisville, 24th December, 1799.)
Ordered, That the Surveyor-general have leave of absence from
the seat of government, agreeably to the wish expressed in his letter
of this day.
135
Thursday, 1 Ith July, 182&.
Thefollowing letters, for copies of which see letter-book, pages 5(X
,51 and 52, were this day written, to wit.
One to Thomas T. Tucker, Esq. Treasurer of the United States m
reply to one received from him dated the 29th ult.
One to the hon. John C. Calhoun, Secretary of War, in reply to one
received from him dated the 27th ult.
One to Col. James Hunter, Savannah, in reply to one received from
him, dated the 29th. ult. enclosing copies of' two letters from the Gov-
ernor to Francis Stone, military stOte-keeper at Savannah, dated
7th Feb. 1820, and this day.
One to Francis M. Stone, Esq. military store-keeper "at Savannah,
ih reply to one received from him, dated the 21st May last
Col. John P. Blackman attended and presented receipts taken by
George Bulloch, from the clerks of the Inferior courts of the counties
of Hancock, Warren, Richmond, Columbia, Lincoln, Wilkes, EUkrt,^
Franklin, Rabun, Madison, Jackson, Clark, Oglethorpe, and Greene,
for the delivery of Laws and Journals, &c. with an authority front
the said George Bulloch, to receive and receipt for the Amount lot
which he is entitled as compensation for the same :
Whereupon it is ordered, that warrant No. 202 be drawn os the
Treasury in favor of the said George Bulloch, for the sum of two
hundred and thirty three dollars, it being for carrying Lamar's digest
of the laws of this state, the acts of Congress, the laws and journals
of the extra session, and the laws and journals of the last session of
the legislature to the fourteen counties above mentioned, as per con-
tract, payable out of any monies which now are or hereafter may be is
the treasury, not otherwise specially appropriated, chargeable to ac-
count of contingent fund of 1822, which was presented and signed.
Executive Department, Georgia,^-
MUledgeville, 28th JSov. 1822.5
The foregoing is an extract taken from the records of the proceed-
i'rtgs of the Executive Department, on the Hth July last.
JOHN BURCH, Sec. E. /L
Coraraixtee adjourned until to- morrow, 9 o'clock, A. Mr
96
Representative Hall, 7th December, 1882.
Nine o'clock, A. M.—Committee met.
All the members present.
Mr. Cuthbert called up the resolutions which were laid on the table
by him on yesterday, as follows.
Resolved, That the testimony given before this committee and ! e-
corded by the clerk, and the Executive orders, with such other docu-
ments as are in possession of the committee be referred to a sub-com-
mittee with instructions to prepare a report thereon.
Resrdved, That any further testimony which may hereafter be taken
by this committee, and any documents which may hereafter be before
the committee, be referred without loss of time to the same sub com-
mittee.
Which was read and agreed to, snd referred to the sub-committee
already named, to wit.
Messrs. Jackson, Upson and Cuthbert.
ROBERT B. WASHINGTON a witness in support of the alle-
gations of his Excellency against Abner Hammond, was introduced,
gworn, and examined. 1
Interrogatory by Mr. Campbell,
1. Have you heard Col. Hammond since his return from the low
country, say that he would not receive the appointmcht of Secretary
from the Governor if he was to offer it to him, or what have you heard
him say upon the subject?
Ans. Some few days after Col. Hammond returned, I was in a con-
versation with him, when 1 observed that I understood an arrangement
fesa I been made for Mr. W'hitaker to resign when he returned, that he
mglit be appointed. He replied that he would not accept the appoint-
meat from the Governor.
Interrogatories by Mr. ZTpsold.
1. Did Cel. Hammond si ate that the Governor had ever offered the
appointment to him, or tint be had ever spoke to him upon the sub-
jeci ?
Arts. He did not.
2. Did Col. Hammond assign the reason why he would not accept
an appointment from the Governor?
Am. He said that he had received the appointment from the legis-
lature, and that he still considered himself Secretary of State.
3. Who was present when you and Col. Hammond had the convcr-
sation which you have just mentioned, and did the Governor know
any thing of the observations then made by Col. Hammond ?
m
Jlns■. I do not recollect who was present; the observation was nudjb
9 myself. The Governor was not present, neither do I believe thratt
hre knew any thing of it.
'Committee adjourned subject,to th,e call of tha chairman..
Committee Room, 9th December, 182?.
Committee met.
Present Messrs. Abercrombig Sheftall ,
Jackson Campbell
Upson Lawhon
Kenan Hutchinson
WILLIAM B. WOFFORD, a witness in support of the allegations
i Was introduced, sworn, and examined. j
Interrogatory by Mr. Campbell.
1. Have you had in possession a grant to Jonathan Arnold ; if yea,
bay when you first received it, how long you have had it, and when
the Secretary of state signed his name thereto ?
Jlns, I have had such a grant in possession ; it was handed to me
the day after the general election, and remained in my possession un*
til I came down to the Legislature, when I got the Secretary of state's
name signed to it; I received the grant from the purchaser of the land
whose name is Prince.
Interrogatories by Mr. Upson.
1. Do you know who took the grant from the office, or under what
circumstances it came out of the office ?
Jlns. I do not.
2. Do you know whether the grant was delivered as complete by
the secretary to the person to whom it belonged, or did the person lakq
it upon, the supposition that it was complete before the Secretary
knew it?
Jlns. I know nothing about it, only, that I brought it here to get the
Secretary's name to it.
THOMAS H. CRAWFORD was again examined.
Interrogatory by Mr* Upson.
1. Do or do not. persons frequently in the hurry of (fceir business
in the office take grants and other papers away before 0ty are com-
plete ? .
13
98
Aii*- They do Sir: 1 believe there has been two or three brought
back this session of the legislature without either the seal or the. Sec-
jretary's name to them,
Interrogatory by Mr. Campbell.
1. What is the last act required to be performed in issuing a
grant ? - *
Ans. Affixing the seal is generally the last act. Sometimes the
clerks affix the seal before the Secretary signs ; they are laid on bis
table to be signed, and are sometimes taken off by the persons to whom
they belong before he does so.
Mr. Campbell introduced as evidence a grant to Jonathan Arnold,
dated the 14th December, 1821, which appears from the testimony of
William B. Wofford was only signed by the Secretary some time du-
during the present session of the legislature.
In support of* Col. Hammond, a number of records and documents
from the Secretary of State's office were introduced, and are as fot-
lows.
A grant bearing date 1st August, 1798, to Douglass Hancock, Sign-
ed " Horatio Marbury for John Milton, Secretary," tested by Abra-
ham Jackson, Secretary of the Executive Department, and checked by
the same for James Merriwether, who was then Auditor.
A grant to William Thornton, dated 24th July, 1807, signed "Ben-
jamin Chears, Deputy Secretary." <
A proclamation issued 5th March, 1803, by John Milledge governor,
signed " George E. Clayton, for Horatio Marbury, Secretary of State."
The Record Book containing military commissions for^the years
1798 and 1799, in which is registered, upwards of two hundred com-
missions, sighed " Horatio Marbury, Deputy Secretary."
The Record Book in which is registered commissions for justices of
the peace for the year 1799, containing twenty-six commissions, signed
" Horatio Marbury, Deputy Secretary."
The Record Book in which is registered commissions for county of-
ficers, to wit: sheriffs, coroners, clerks, surveyors, &c. which contains
upwards of eighty commissions, signed w Horatio Marbury, Deputy
Secretary."
On motion of Mr. Campbell,
Resolved, That his Excellency tlie Governor be respectfully request-
ed to furnish the Special Committee with a copy of the letter written
by his Excellency Governor Jackson to Solicitors Van Allen and Cald-
well, and so much of Governor Jackson's message to a subsequent he-
gislature as relates to the subject contained in said letter.
99
The Chairman laid before the committee a communication from hi|>
Excellency the Governor inclosing a <Jopy of the opinion of Solicitors
General Van Allen and Caldwell, which were furnished in pursuance-
bf a resolution of this committee on the 6th inst.
Executive Department, >
Louisville,, July 1 Oth, 1798. $
To H. G. Caldivell, and
P. L» Van Mien, Esqs. Solicitors-general,
Gentlemen—-Joseph Hutchinson, residing at Augusta, and one of
the persons appointed as a notary public within this state, under the
laws thereof, did, as appears by a publication in the Augusta Southern
Centinel, of 'he twenty-eighth day of June last, affix his notarial seal,
or seal of office, to a paper dated the 27th of the same month, as an at-
testation of another paper declared thereby to be a protest, a true co-
py whereof the said Joseph Hutchinson declared was published in the
Southern Centinel of the 7th June last, signed James Gunn and Tho.
Glascock, and dated the 30th May last; & which, reference being had
thereto, appears to be an intended protest against the existing Consti-
tution of this state ; and to which the said Hutchinson further certifies,
that the affidavit of John L. Dixon, which appears to be taken before
the said Hutchinson as J. P. is annexed, and to which paper or certi-
ficate, the said Joseph Hutchinson did also set his signature officially
as Notary Public, thereby giving a claim of record to a paper or pro-
test, the printed cppy whereof is herewith referred, containing certain
parts of the usurped act of the 7th of January, 1795, which act was an-
nulled by the act of the 13th February, 1796, now commonly called the
Rescinding Act, and recognized by the 24th section of the 1st article
of the existing Constitution, the second enacting clause whereof de-
clares, " \nd from and after the passing of this act, if any clerk of a
county, notary public, or other officer keeping record, shall enter any
transaction, agieement, conveyance, grant, law, or contract relative to
the said purchase under the said usurped act, on their books of record,
whereby claim can be derived of authority of record, he or they shall be
rendered incapable of holding any office of trust or profit within this
state, and be liable to a penalty of one thousand dollars, to be recover-
ed in any court within and under the jurisdiction of this state."
This being the situation in which Mr. Joseph Hutchinson stands, and
all Noraries Public holding their respective offices during good beha-
vior, both prior to and under the existing Constitution ; you are desir-
ed to take into your consideration the following queries, and to give
answers thereto:
1st. Does the act of Mr. Joseph Hutchinson, in affixing his no-
tarial seal as a public officer or notary public, as also his signa-
lure as such, to a paper tending to establish another paper, declared
to be a protest against the existing Constitution of this state, and con-
taining parts of the usurped act of the 7th of January, 1795, give that
claim of record comprehended in the 2d enacting clause of the act of
13th Febr. 1*796, before recited ; the official seal of the notary and his
signature, being commonlv received bv courts as evidence of record,
i'oo
It being the duty of such notary to record dr take notes of every ofli-
cial transaction by him done ?
2d. If the act of Mr. Hutchinson be withli the meaning and com-
prehension of the said law of the 13th fceb. uary, 1796, acknowledged
by the constitution as afore-mentioned, can the Executive do other-
. wise than suspend him his public functions ?
3d. Notaries Public holding their offices during good behavior.—Is
the sanctioning a protest against the existing constitution and laws of
the state, by Joseph Hutchinson, , in affixing his signature and notarial
seal to such sanction, good behavior in him as a Notary Public.
4 th. If it be not good behavior* is it not the duty of the Executive,
fo preventfuture mal conduct and injury to the state, from the said Jo-
seph Hutchinson, as Notary Public, to suspend him until the sense of
the Legislature be known thereon ?
5fh. Is the 3d enacting clause of the act of the 23d December, 1789,
entitled " An act for regulating the appointment of Justices of the
Peace in the several counties of this state, and for empowering the Go-
yernor to fill up all vacancies that may happen in office during the re-
cess of the General Assembly ; and which 3d enacting clause express-
ly mentions removal from office by the Governor, incompatible with
the 14th section of the 4th article of the Constitution ; and if so a# to
officers, such as judges, sheriffs, and other officers, whose times of set-
vice are stated, is it so likewise as to those officers whose period off
^ervjce, for whicti they were appointed, was during good behavior f
I am, gentlemen,
Your obedient servant,
Signed JAS. JACKSON,
A true copy from the original.
JOHN BURCH, Scc'y. E. D.
Executive Department, 7
Louisville, July lWi, 1798, £
A communication dated the 11th inst. from Solicitors-general Vaa
AJlen and Caldwell, in the words following, to wit:
Louisville, 11 th July, 1798.
Sir—Agreeably to your request, we have taken into consideration,
Ihe several questions stated to us by your Excellency for our opinions
respecting toe conduct of Joseph Hutchinson, a Notary Public of thid
stale, and a resident of the town of Augusta.
As to the first question, we answer:
That Thomas Glascock and James Giinn, signed a protest on the
30th May last, by which said protest they claim for themselves and
others, a certain tract of land commonly called the Yazoo purchase,
which tract of counTry was pretendediy sold by the Legislature'at Au?-
^usta, pn the 7th January, 179.5, which s$id act was annulled by the
101
Legislature, on the 13th February, 1796, and recognized by the now
existing Constitution. We are therefore of opinion that the said Jo*
seph Hutchinson, by affixing his signature to a paper tending to cstab-
lish another paper, declared to be a protest against the constitution of
this state, gives a, claim of record comprehended imthe act of the 13th
February, 1796, commonly called the rescinding act, and the said Jo-
seph Hutchinson having also declared by-his certificate, that the piece
published, (meaning the aforesaid protest,) was a true copy, be having
certified in his official capacity, as Notary Public, the original; a note
thereof ought and must be filed in his office, whereby claim may be de-
rived of record.
- As to the second question:
We are ofopinion that it was ill behavior in the said Joseph Hutch'-
inson,in sanctioning a protest against the constitution and laws of this
state, as Notary Public.
• As to the third question:
, We are of opinion that the removal of a Nofary Public from
by the Executive is not incompatible with the 14th section of the 4ih
article of the Constitution; that section only relates to those officci s
who hold their offices for a given time. The Notary Public ho ding
his office during good behavior, could not have been contemplated by
the 14th section of the 4th article of the constitution, and therefore
removeable by the governor whenever that officer abuses the functions
of his office.
His Excellency James Jackson,
Governor of the State Georgia,
In Governor Jackson's communication of the 8th January, 1799, the
answers of Solicitors-general Van Allen and Caldwell to certain Ex-
ecutive queries., are referred to as being among papers marked No. 8.
Gov. Jackson, in his communication of the 2d November 1799 to the
general Assembly, refers to document No. 10—but on examining the
file for Nov. 1799 no such document can be found.
It appears from the journal of the fExecutive department for that
day, that no list of documents was then entered thereon, it is therefore
difficult to ascertain what particular 'papers were comprised in the
statement marked No. 10, and referred to in the communication. It is-
presumed these papers may be found in the of fices of the Secretary of,
the Senate and Clerk of the House of Representatives.
We are with much esteem,,
Your Excellency's most obedient servants,
t
Signed
Signed
P. VAN ALLEN, S. G. W, D.
H. CALDWELL, Sol. Gen.
1&2
An extract from the communication made, on the 8th day of Janua-
ry, ] 799, by his Excellency Governor Jackson to both branches of the
General Assembly.
" In the month of May the State Convention met and formed the
Constitution under which you hold your stats. No doubt it has its im-
perfections, for it is not the lot of human wisdom in any of its attempts,
to be free from them ; but I have with pleasure heard of its being ap-
plauded in other states, and I venture to express my opinion, that it
i as little exceptionable as most in the Union. ( It could not be expect-
ed that this or that detached part of the state should reap all the bene-
fits arising from it; and to give a little, to gain a little, is the fate of
human society : such as it is, however, the people our sovereign have
framed it, and it is our duty as public servants to obey it. YVe have
no right to claim a part and deny a part—to support this clause, and
protest against another clause ; for although it is true, that various
constructions may be placed oh a single section, as to the meaning or
operation of that section, unril explained and decided on by law, yet
the great whole must be protected and implicitly obeyed, until altered
by constitutional means, both by the Legislative branches under the
oaths their members take and every other department of the govern-
ment. To protest and declare against being bound by certain parts of
the constitution, is in my opinion mutiny, to say no worse, against the
majesty of the people ; and I hope, however, unfashionable, that the
government of Georgia, is not arrived to that point of disrespect for
that fountain of power, as ta consider the constitution wiilecfby them,
as a cobweb, and the charter of their rights as a bauble, to be broken
through or torn in pieces, as self-interest or circumstances may suit.—
It is our duty as public servants to preserve and defend it, as the rock
of the people's happiness, and the creed of their political salvation.
I am Sorry on this head to lay before you a transaction which has
made much noise throughout the state, amd may require some of your
attention. '
Two members of the late convention declined signing the consfi-
tution, for reasons they declared to be contained in a paper, which the
convention refused to notice, or to have entered on their journal.
Sometime after the constitution took effect, a publication was inserted
m the Augusta Southern Centinel, by two officers of high grade in your
militia, purporting to be the paper presented to the convention, and
which in public print appeared to be a protest against the 23d and 2.4th
sections of the 1st article of the constitution, under the signatures of
Brigadier-General James Gunn and Thomas Glascock. On some ob-
nervations made thereon, this protest against the rights of the citizens
of Georgia, was again in the public prints avowed, and officially au-
ihentieated by Joseph Hutchinsob, a notary public, acting under the
j.:. '.ccrry oi Use state.
Tire Executive taking into consideration, the danger of public offi-
• ers being permitted, with impunity, to trample the Constitution un
<!er their feet, and also considering that if Generals of the slate could
protest against it, no inferior officer or private milith man, could be
1 Q$
expected to support or defend it ; and that if one set of persons could
protest against this, another set could against another part of the con-
stitution, and in a short time no vestige of constitutional authority
would remain : determined to arrest those officers and bring them to
trial by a court martial : but his determination in this respect was im-
peded by the situation of the state exposed to invasion, and when eve-
ery prospect led us to expect it.
When the Union was preparing for war, to have d rawn the remain-
1 jfrig Brigadiers and fourteen field officers to a point for their trial,
would have been a dangerous and an imprudent step ; or, you should
not have been troubled with this detail. Necessity therefore induced
a submission of their conduct to the Legislature ; and it lays with you
to determine if your militia officers will not protect the constitution,
not defend the public property of the State, what safety there is for
the government under whose authority they hold their commissions :
but before I quit this subject, I have to inform yon of the suspension of
this daring Notary Public, who, although he held his office only du-
ring good behaviour, undertook to exercise the authority the slate nad
vested him with, to destroy the very essence of the authority which
gave it.
As the law pointed out no mode of trial of the good behaviour of
such an officer, and he was rfbt known as a Notary by the constitution,
I referred the subject to the law department—the answer^ of Solici-
citors-general Van Allen and Caldwell to certain Executive queries to
be found in the papers on this head, marked No. 8, were the strong
grounds on which 1 suspended him, ard ray researches since have con-
vinced me that their opinion and my suspension was proper—a simple
question decides against him~was it good behaviour in Mr. Hutchin
son to fix his notarial seal and signature to a protect against the con-
stitution of his country ? If a citizen does not accord in political sen-
timent with the constitution, let him remove from its jurisdiction, or
wait with patience for a constitutional change—not accept offices
under the government to employ them against the constitutional au-
thority.
The 14th section of the 4th article of the constitution, declaring
that all civil officers shall continue in the exercise of the duties of
their several offices for the period for which they were appointed, and.
the latter part of the said section, declaring " That all laws now in
force shall continue to operate, so far as they are compatible with the.
constitution, until repealed and the act of the 23d day of Decern-
ber, 1789, entitled "An act for regulating the appointment of justi-
ces of the peace in the several counties of this state, and for eropow-
ering the Governor to fill up all vacancies that may happen in office
during the recess of the General Assembly," not being incompatible
as respects this officer, he being appointed under a former authority,
and the third section of the said act expressly declaring, " That it
shall and may be lawful for the Governor for the time being, when an
office shall become vacant by death, resignation, or removal from
office by the Governor, orDtherwis*,. during the recess of the Gen-
40%
ral Assembly, to appoint some fit and proper person to such office^
there can be little doubt, exclusive of the strong grounds the law
department has taken under the rescinding act, of the power of the
Executive to remove Mr. Hu chinson, either as a notary public OP
justice of the peace, and of filling the vacancies..
A true copy from the original.
JOHN BURCH, Secret-eery E. 0.
Committee adjourned, subject to the call of the chairman.
Committee Room, \2th December, 1822?
Eleven o'clock, Jl. M.—Committee met.
All the members present.
Mr. Jackson, from the subcommittee, to whom were referred the
ovhiente arid documents ro prepare a report thereon, this day made
that report, which was read and agreed to.
On motion of Mr. UpSon,
Resolved, That the chairman of the committee be directed to repotw
to the House of Representatives the report of the committee.
Committee adjourned subject to the call of the chairman.
Committee Room, 18th December, *822.
Three o'clock, F. Mi—Committee ipet.
Present Messrs. Abercrombie Lawhon
Upson Jackson
Campbell Cuthbert
Sheftall Hutchinson
Mr. Jackson, from the sub-committee, made a further report, which
was read and ordered to lie on the table.
Committee adjourned subject to the call of the chairman