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Domestic News September 13, 1822

The Virginian

Lynchburg, Virginia

What is this article about?

A political dispute in Georgia over the temporary absence of Secretary of State Col. Hammond led to the Governor declaring the office vacant, appointing a successor, and a physical altercation when the clerk refused to vacate, resulting in Hammond's forcible removal.

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cavalry of Alcantara. The rout was complete, and the carbineers, who had covered themselves with glory in so many encounters, fled without striking a blow, although urged by the horsemen of Alcantara to measure arms with them. Those unfortunate inhabitants of Cordova who had been drawn in to join the revolters, also disappeared. A great number of prisoners has already been made, and Brigadier Chocón had taken post at Puerto Llano, with 500 horse, to intercept the fugitives. On the 8th of July the Municipality of Madrid addressed an energetic representation to the King on the necessity of appointing Ministers,—of punishing with severity the authors of the revolt, to cashier the two battalions of the Guards which had capitulated,—and to confer the command of provinces solely on men devoted to the Constitution.

[Courier Francois.]

London, July 19.—In the Chamber of Deputies, on the budget for 1823, there was on the 15th a very stormy debate; especially when Mr. Desvoyes, alluding to the alleged simplicity of the French Ministry with the Spanish rebels, exclaimed. "But nothing is now concealed: the counter revolution is publicly announced by the Ministerial Journals: and it is excited and paid for amongst our neighbours." This declaration was loudly cheered by the left, and not denied by the right, who only answered, when Gen. Foy charged them with having purchased the counter-revolutionary movement, which had taken place at Madrid, that French Bankers, in that Capital, had supplied the Constitutionalists with money to pay the troops, by whom that movement had been repressed.

Colombian Independence.—Mr. Lennard, after a very able speech on the result of the glorious struggle for freedom, by the South American states, in which he urged the propriety, in a commercial and political point of view, of recognising their independence, while the act would gain us priority—moved for copies of all the correspondence between M. Zea, the Colombian agent, and his Majesty's officers here or abroad, with respect to Colombian independence.—Lord Londonderry, out of respect to Spain, would not side with the S. Americans at present, further than by cultivating a friendly intercourse with the Southern States, while they remained de facto a government. He should, therefore, oppose the motion.—Sir James Mackintosh delivered an admirable speech on the occasion; and the debate, to which we shall recur, ended in a Majority of 35 against the motion.

A Liverpool paper of the 25th ult. states that "The first general adventure to Colombia from London will sail in a few days. It consists entirely of British manufactured Goods, and amounts to about £25,000. The premium of insurance is much enhanced in consequence of the British Government not at once acknowledging the independence of the South American Republics."

[From the Expectador of July 11.]

"In stating yesterday that the Foreign Ministers residing in this capital, including the Portuguese Minister, and excepting the Minister for England, presented a Note to the Ministry, we ought to have said the European Ministers, for we know that the Minister for the United States had no knowledge of this act, and took no part in it."

From the Richmond Compiler,

CIVIL WAR.

A scene has taken place in Georgia, which has excited no little stir among the good people of the state. The constitution declares that "when any office shall become vacant by death, resignation, or otherwise, the Governor shall have the power to fill such vacancy." The Secretary of State, Col. Hammond, did not vacate his office by death, or resignation—but because he was absent on the sea-board for about 50 days for the benefit of his health, the Governor chose to consider his office vacant, and appointed a successor.

It seems that Col. H. was in ill health—he left his residence adjoining to Milledgeville for the purpose of recruiting his health, he purposed to stay only a few days—but previous to his departure, he left signed as many blanks as he supposed would be wanting in his office—and still further to obviate every inconvenience, he left with his principal clerk, Thos. H. Crawford, the following power of attorney:

"Secretary of State's Office,

Milledgeville, Georgia.

"Mr. Thomas H. Crawford is hereby fully authorized and empowered to sign for me, and in my name and stead, any official paper or papers that may necessarily be issued from this office during my absence therefrom." It does not appear whether there be any law to justify such a transference of power; without some such provision, the instrument appears sufficiently extraordinary. This paper was regularly signed, &c. and bears date the 9th July.

Matters went on smoothly enough until the 10th August, when the signed blanks, that had been left for grants to land drawn in the last land Lottery, gave out. The Governor was acquainted with the matter, declared the power of attorney void—and under the above recited clause of the constitution, declared the office vacant, and appointed Simon Whitaker the new Secretary of State.—Mr. Crawford, however was not so complaisant as might have been expected. He refused to deliver up to Mr. W. the books, records and keys, &c.,—acting under the advice of legal counsel.—

Then came the war to extremities. After some time (adds the Milledgeville Recorder,) the Governor came to the office again, and told the Clerk, that if he did not give up the key, he would have him thrown out of the house? The Clerk refused. He was repeatedly threatened with a warrant, and as often refused to give up the office. Mr. Whitaker went and applied to a justice of the Peace for a warrant against Mr. Crawford, but the Magistrate could find no law to authorize it, and therefore declined giving one. A carpenter was then sent to the office to take the lock off the door and put on a new one. Mr. Crawford ordered him not to touch the lock, and he retired— He was again called and ordered to proceed, and was again ordered by Mr. Crawford not to touch it, and he desisted. Mr. Whitaker then went to the Executive Office and returned with Mr. Burch, one of the Governor's Secretaries, and the carpenter. Mr. Burch took hold of the door for the carpenter to proceed, when a battle ensued between him and Mr. Crawford, in which, it seems, Mr. Whitaker took a hand.— Some persons in the passage ran in and parted them. Mr. Burch alone was injured in a light degree, from whom some blood was drawn. Immediately after they were separated, the Governor came in, and in a violent passion, ordered the carpenter to pull off the lock and put on the other, that he had the control there, and was responsible for the consequences. The carpenter obeyed, and thus was Col. Hammond forcibly deprived of his office—Neither the Executive order for vacating the office, or a copy of it, was shewn to Mr. Crawford, till after every effort to intimidate him had been tried in vain.

Col. H. returned on the 17th, demanded re-possession of his office, which was refused—He called at the Executive Office and made a similar demand—high words only ensued, and here the matter rests.

It really does appear singular enough, that the Governor should construe a temporary absence of a few days, for the sake of health, into constitutional disability and an actual vacancy. It is in vain to say as the Governor says in his precept of the new appointment, that Col. H. was absent without the permission or knowledge of the Executive—for, there does not appear to be any law which makes it the Secretary of State's duty to apprise him of his absence or ask his permission.

The Milledgeville papers speak with great indignation of this proceeding—the rather, because Col. H. was an old Revolutionary Officer very infirm, and in a great measure dependent upon his office for the support of his family—and because they contend that it has been constant custom (right or wrong,) "in all the other offices for some friend, to sign for the officer, at any time when he was absent. This has been done from time immemorial." Nay, on the very day when Hammond was turned out of office, Mr. Burch, the Governor's Secretary, was using on two grants the name of the Comptroller General. The case appears to be a very hard one—and in the present state of the public mind of Georgia, is likely to produce a considerable breeze.

If every absentee from Washington or elsewhere is to be construed into an actual vacancy, how many of our public offices would be considered as filled?

What sub-type of article is it?

Politics Legal Or Court

What keywords are associated?

Georgia Secretary Of State Office Vacancy Dispute Governor Appointment Power Of Attorney Milledgeville Conflict Constitutional Interpretation

What entities or persons were involved?

Col. Hammond Thos. H. Crawford Simon Whitaker Mr. Burch Governor Of Georgia

Where did it happen?

Milledgeville, Georgia

Domestic News Details

Primary Location

Milledgeville, Georgia

Event Date

9th July To 17th August

Key Persons

Col. Hammond Thos. H. Crawford Simon Whitaker Mr. Burch Governor Of Georgia

Outcome

col. hammond forcibly deprived of his office; mr. burch slightly injured with blood drawn during altercation; repossession demanded but refused.

Event Details

Secretary of State Col. Hammond, absent for health reasons, left a power of attorney with clerk Thos. H. Crawford dated 9th July. On 10th August, when signed blanks ran out, the Governor declared the office vacant, voided the power of attorney, and appointed Simon Whitaker. Crawford refused to vacate, leading to threats, a failed warrant attempt, and a physical scuffle involving Mr. Burch and Whitaker. The Governor ordered the lock changed, removing Hammond from office. Hammond returned on the 17th and demanded repossession, which was refused.

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