ROBERT W.WDODRUFF
LIBRARY
ropRJTAL
OP THE
HOUSE- OBl REPRlfg.EN'EATiVEVl
,OP THE
STATE , OF GEORGIA.
. - NONDAYjJfyS£ie~«u' ~,"
At an annual's^s^^^rtlie"' General- Assembly of.the
State of . Georgia!, begun and holden at the State House, in .
tile city of Milledgeville, in the county of Baldwin, oh the - ,
"Sid day of November, in the year of our Lord ohev thousand
eight hundred and 'forty, and*of the sovereignty and inde¬
pendence of the United States '/the*, sixty-fifth year, the fol¬
lowing1' members ele.ct fron^he several counties hereafter
mentioned, produced their credentials, 'and having taken the
oath • prescribed by die Constitution 'of this State, and1 to
support the 'Constitution of tfte United States, before* the
Honorable Thomas W. Haras, one .of the -Judges of the-
Superior Courts of this State, .took their seats,' to wit: .
-42-
*
Y'j£7 ;)
Accession No.--^ J
^EMORV GOLLIIGE LIBRARY^
OXFORD,, QEOR6IA.
-REGULATIONS-
i. T\yo books may be taken at a time by any student or member of the Faculty,
or any other person in the village paying Library fees, and no volume shall be re¬
tained more than two weeks without a rcnfewal, and no second renewal will be
allowed, without special permission of the Faculty.
W "IS ten cents per week will be assessed for each book detained over time,
return.;
3. Any person taking ' ""ks from thq Library will be held responsible tor their
loss or injury. .No*per ./yy-ncii marks shall be made in the books, and no books
mall^be lent out of the the nerson responsible for. the same. ^
v• 4. '."To general referery et'_ 1 - ' 'y time be taken from the Library nuildii /
f 5, Any person willf'/v y CaSS, El| £ the foregoing rules shall thereby fr- f
f all right to the use of • f
; "fcof Chath' w, v. ^
..'ipiles, and' Uhtswi,:Es^ij
' From t ie cr ntV < f Chattoo^), J »hn Elli =s, "fsqb're. .
Froni tli j- e* unty* f Cherokee, M. H. T i 1 i* idpl >S0P 1
/tfunter) Esq urns. • , -o-^orrS
From the oourH of Clark, <1xTt II. Mo* -» I,
Richardson, 5 id W illiam Stroir, E- pi •*. ,
From the ounty of Gobb^Edu ird May* und os P
<31prris, E-qi res. r
From the comity of Goluml
Pt Robert > , and MooAv Ear ;t— ■ - * lnTT1 ,»
J From t ■ county < f Cow * S- II- L«> Jam s
Sell, and CaleM * k, Esqn s. J j
From ft »• < duty of - Cray k>rd, T iomas CrutOifield, ki
G. I. Turrux, Esquires. Fsnnlre..
From the couilty of Dade, T1 noasf Tan rT, L
From the county of Decaf Thoihas H11 u 1
ichard II* J "Qes> r
quire>*.
^ ]t)eKai ^ Ctoles Harpliey, Hasting
D, Falmer, and Mcreqrtn^c, iv1Pr Esquin -
From the county of Do ly, fr jy IVttee rui Willi,mi
FarnaU,'Esquires.
From tjhe cpunty of Early, William {?. Wilson- and R. W.
Sheffield; Esquires.
From the county of Effingham, William McGahagan,
Squire, W
From tjhe county of ElbertrAndefson Craft, Jeremiah S.
Warren, and Abraham Parks, Esquires.
From the county f Ex 1 inel, John C. Sum 1 r, Esquire
From rl e n ity * f I y r ^ 4 1 Do, 1 an
P. Nixon Esquuct,.
From the county of Fl vd, Andrew J. Liu T 11
Shropshire, Esquires.
1 Fn m the .county ofEorsyth, rtis Green n
'Enviu, Enquires.
From the county of Frani
Mitchell, and Peyton R. Jon*
From the county of Gilmer,
From tile' county of Greene, ^
and Cullen S. Criddle, Esquire^
From the, county qf Gwinnett, *• rnel Martia niel K-
Pittman, and George Reid, Esqu «
. From* the county of Habershai ,. $se sanft, g#
Barclay, and Samuel A. Wales, 1 •* -ps.
Froipi the county of Hall, Jesse D Tarda cm, J Rnfv.
erts, and Guilford €r. Thompson, E res. °
From the cpunty of Hancock, \\ i«Id Tho Jampa
M. Hitciicock, ant! Irby Hudson, E res.
From the county of Harris, Tali 1 Jones, \W rn C
M borne,- and Benjamin Williams, F* irLS. *
From the county of Heard, Be lyl Johns- I lt bert
Dawson, Esquires*
eh Andersor
ires.
B. Price, E
wq Daniel, 1
and Edward
1 WestTy
Arthui
ileyM.
re.
*rt Rea,
5
'From the 'county of Henry, James I. Davis, William
Dodson, and John T. Bentley, Esquires.
From the county of Houston, John J. Hampton, James A.
Bryan, and Davicl M. Brown, Esquires.
From the county of Jackson, B. Chandler, P. E. McMill¬
an, and H. Webb, Esquires.
From the county of Jasper, William H. Preston, William
H. White, and John Robinson, Esquires.
From the county of Jefferson, Samuel Bigham and Little
B. Covenah, Esquires.
From the county of Jones,- Wiley Franks, Robert V.
Hardeman, and Thomas Lowe, Esquires.
From the county of Laurens, Robert Robinson and Allen
Ashley, Esquires.
Fram the county of Lee, William I. Ford, Esquire.
From the county of Liberty, Simon Herrington and J. E»
Maxwell, Esquires.
From the county of Lincoln, Harrison W. Hagerman, and
Aaron Hardy, Esquires.
^ From the county of Lowndes, Israel F. Waid-hour and
O Benjamin Sermons, Esquires.
• From the county of Lumpkin, Milton H. Gathright and
y Cornelius Hibbert, Esquires.
^ From the county of Macon, Burwell Green, Esquire.
ai From the county of Madison, William S. Whitworth,
hi ti J
q SL squire.
Z From the county of Marion, "Thomas Whighatn and
S Daniel M. Hall, Esquires.
^ From the county of Meriwether, M. G. Towles and T,
a* Dark, Esquires.
^ From the county of Monroe, William A. Black, Josiah G,
2 Jordan, John W. Jones, and Thomas W. O'Neal, Esquires.
-J From the county of Montgomery, Charles McCrimmon,
-J Esquires.
2 From the county of Morgan, Nathaniel G. Foster, John
O B. Martin, and Reuben Mann, Esquires.
P From the county of Murray, Dennis Carroll and James
^ Morris, Esquires.
From the county of Muscogee, William S. Chipley, Robert
2 B. Alexander, Samuel W. Flourfioy, and Hardy C. Sapp,
I- Esquires.
y From the county of Newton, Felix Hardin an, Richard
60 Loyall, and Permedus Reynolds, Esquires.
q From the county of Oglethorpe, John Crawford, B. W.
^ Hubbard, and W. W. Davenport, Esquires.
q From the county of Paulding, Asa Pryer, Esquire,
co From the county of Pike, William V. White, James Neal,
and Hartford Green, Esquires.
From the county of Pulaski, William S. Whitfield., and
Theophilus D. Booth, Esquires,
&
From the comity of Putnam, Horace T. Shaw, Alexander
B. Harrison, and Lewis H. Lynch, Esquires.
From the county of Rabun, Horace W. C annon, Esquire -
From the county of Randolph, George W. Harrison and
Alexander Hendry,. Esquires.
From the county of Richmond, George W. Crawford,
Charles J. Jenkins, and William J. Rhodes, Esquires.
From the county of Scriven, William A. Hotchkiss and
John D. Moultrie, Esquires.
From the county of Stewart, John West, James L. De-
launey, and Willard Boynton, Esquires.
From the county of Sumter, Hachaliah McMath, Esquire.
From the county of Talbot, Milton Williams, Robert H.
Dickson, and Benjamin T. Emanuel, Esquires.
From the county of Taliaferro, Alexander H. Stephens
and John Chapman, Esquires.
From the county of Tattnall, William Mann, Esquire.
From the county of Thomas,. Moses Daniel and Archibald
McMillan, Esquires.
From the county of Troup, Sankey T. Johnson, Jonathan
Taylor, Samuel Cutwright, and Willis Harden, Esquires.
From the county of Twiggs, John Fitzpatrick and Wil¬
liam M. Tarver, Esquires.
From the county of Union, Johnson P. Wellborn, Esquire.
From the county of Upson, Miless R. Meadows, Allen M.
Walker, and William Trayler, Esquires.
From, the county ©f Walker, Stephen Smith and Asa
Dickson, Esquires.
From the county of Walton, Orion Stroud, Hendley Har¬
ris, and Lewis S. Moon, Esquires.
From the county of Ware, Josiah Stewart, Esquire.
From the county of Warren, Jethro Darden, William W.¬
Anderson, and Reuben May, Esquires.
From the county of' Washington, John J. Long, Robert
W. Flournoy, and Philip P. Bethea, Esquires.
From the county of Wayne, Samuel O. Bryan-, Esquire.
From the county of Wilkes, Robert A. Toombs and James
N. Wing-field, Esquires.
From the county of Wilkinson, Solomon B. Murphey and
James Hatcher, Esquires. " •
On motion of Mr. Crawford, of Richmond, Mr. Osborne
was called to the Chair, and -the House proceeded to the
election of "Speaker t and tlie ballots being' received and
examined, it appeared that Charles J. Jenkins, Esquire,
member elect from the county of Richmond, was duly elected I
Whereupon, a committee, consisting of Messrs Crawford"'
of Richmond, Jones, of Harris, and Wales, were appointed
to conduct him to the Chair; from whence he addressed
the House,, and tendered his acknowledgements-
7
The House then proceeded to the election of a Clerk, and
the ballots being received and examined, it appeared that
Elbridge G. Cabaniss, Esquire, was duly elected.
They also proceeded to the election of Messenger, and
several ballotings being had, and no election made, the
House adjourned until 3 o'clock, P. M.
Three o'clock, P. M.
The House met pursuant to adjournment.
The House resumed the unfinished business of the morn¬
ing, namfely, the election of Messenger; and upon counting
out the ballots, it appeared that Charles F. Fitchet, was
duly elected.
They then proceeded to the election of Door-Keeper, and
several ballots being had, and no choice made, the House
adjourned until to-morrow morning, 10 o'clock.
TUESDAY, November 3, 1840.
On motion of Mr. Hardage,
Resolved, That the Clerk inform the Senate that the House
of Representatives was, on yesterday, organized and ready to
proceed to business, having made choice of the Honorable
Charles J. Jenkins, member elect from the county of Rich¬
mond, as their Speaker, and Elbridge G. Cabaniss, Esq.,
from the county of Monroe, as their Clerk.
The following message was received from the Senate, by
Mr. Bailey, their Secretary, to wit:
Mr. Speaker: I am directed by the Senate to inform the
House of Representatives that they were organized on yes¬
terday, having made choice of the Honorable Thomas Stocks,
Senator elect from the county of Greene, as their President,
and David J. Bailey, Esq., as their Secretary, and they are
now ready to proceed to business.
Mr. Crawford, a member elect from the county of Sumter,
attended and produced his credentials, and having taken the
oath prescribed by the Constitution of this State, and to sup¬
port the Constitution of the United States, took his seat.
On motion of Mr. Crawford, of Richmond,
Resolved, That a committee be appointed on the part of
the House to join such committee as may be appointed by
the Senate, to wait on his Excellency the Governor, and in¬
form him that the General Assembly was .yesterday organ-
8
ize'd, and are now ready to receive from him any communi¬
cation he may think proper to lay before them or either
branch thereof.
The committee named are Messrs. Crawford, of Rich-
mend, Stroud of Walton, Hardeman, Millen, and Stephens.
The House then resumed the unfinished business of yes¬
terday, and proceeded to the election of Door Keeper, when
the ballots being received and examined, it appeared that
Henry Kenady was duly elected.
On motion of Mr. Osborne,
Resolved, That the Clerk be respectfully instructed to pro¬
cure seats on the floor for the accommodation of Editors of
papers, who desire to report the proceedings of the House.
On motion of Mr. Osborne,
Resolved, That the rules governing the House of Repre¬
sentatives at their last session, be adopted for the govern¬
ment of the present session, and that two hundred and ten
copies be printed for the use of this House.
The following message was received from the Senate, by
Mr. Bailey, their Secretary, to wit:
The Senate has concurred in the resolution of the House
of Representatives, relative to the appointment of a commit¬
tee to wait upon his Excellency the Governor, and inform
him that the General Assembly is organized, and now ready
to receive any communication he may deem proper to lay
before them or either branch thereof, and have appointed as
a committee, Messrs. Cone, Graves, and Harris, of Burke.
On motion of Mr. Osborne,
Resolved, That the House meet at 10 o'clock, A. M., until
otherwise determined.
The House then adjourned until 3 o'clock, P. M.
Three o'clock, P. M*
The House met pursuant to adjournment.
Mr. Crawford, of Richmond, from the committee appoint¬
ed to wait on his Excellency the Governor, and inform him
that both branches of the General Assembly were organized
on yesterday, and were ready to receive any communication
he might think proper to lay before them or either branch
thereof, made the following report, viz:
That they have performed the duty assigned them, and
received for answer that he will lay his communication, with
the accompanying documents, before each branch of the Le¬
gislature this day at three o'clock.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary, to wit;
9
EXECUTIVE DEPARTMENT, >
Milledgeville, Nov. 3, 1840. ji
Fellow-Citizens of the Senate,
and Hoiise of Representatives:
The recurrence of the legal period for the assemblage of*
the Representatives of the people, finds our country abound¬
ing in plenty. The blessings which daily surround us, call
for the response of grateful hearts to their benificent Author,
and a proper consideration of them, should impress on us the
high obligation we are under, to regulate our conduct by His
win. . "
The difficulties which have embarrassed the Commerce
of the world, and produced in many places distress and
ruin, have been felt by our people, but not so severely as in
many States of the Union. The restless spirit of specula¬
tion which seemed to have taken possession of the country,
exciting the public mind to a state of delirium, abstracting
many of the people from their customary pursuits, with the
inspiring hope of the sudden accumulation of fortune, has
been the chief and prolific source of our embarrassments.
Debts were contracted without reflection ; or, upon the wild
supposition that the staple commodity of the South, the great
regulator of the value of property, would maintain an undi¬
minished price, and habits of prodigality as extravagant as
this unwarrantable expectation, were indulged. Men who
never before yielded to delusive temptations, caught the con¬
tagion, and those alone escaped who trusted themselves not
within the sphere of its infection. When the paroxism was
over, and the day of retribution came, and brought with it
that sober consideration which the debtor, disappointed in his
imaginary means, realizes, when thrown upon his actual
resources to meet his engagements, the true condition of the
country was known, and it was one of extraordinary pres¬
sure. Fortunately /or the debtor class of the community,
the severity of the times has been greatly mitigated by the
magnanimous forbearance of many creditors to urge the col¬
lection of their debts, and by the timely aid afforded by the
Central Bank. This Institution, with a liberality becoming
it, administered to the general relief with all the means at
its command. It could not have done more without exposing
its issues to a ruinous depreciation, which would have been
far more calamitous, than the evils intended to be remedied
by its kind interposition. Though the late distribution has
been liberal, it has come far short of relieving the embarrass¬
ments of the people. It is impossible, and perhaps inconsis¬
tent with the principles of sound policy, for the Government
to undertake to protect the citizen from the consequences of
imprudence or miscalculation. A reliance of this sort would
beget a dependence destructive of individual enterprize, en-
10
gender and cherish habits of reckless speculation, and os er
a spirit of indifference to active and industrious pursui s,
hostile to the welfare of society. Habits of industry an a
rigid economy that would forbid the expenditures of the 3 ear
to equal the lowest estimate of the probable ipcome,-and a
firm resistance of the allurements to speculation, held out
by the tempting prospects of unreasonable gain, are sure
guarantees of immunity from pecuniary troubles, as well as
of individual prosperity.
With the Act of the 23d of December last, requiring the
Directors of the several Banks and Branch Banks to disclose
the amounts due by them respectively to the Banks of which
they are Directors, and enjoining on the President or Cash¬
ier the duty of stating the aggregate amount of indebtedness
by Stockholders, either for capital stock or moneys borrowed,
but few of the Banks have complied. Upon the receipt of
their April Reports, I addressed a letter to the officers of
those Banks whose Reports did not conform to the law, cal¬
ling their attention to this statute, and inviting a compliance
with its requisitions. Some of them responded to the call
by forwarding the required statements, others declined obe¬
dience to the law, assigning reasons for it, and a few disre¬
garded altogether the communication addressed to them.
The reasons assigned are untenable. Some of them are
predicated on the inexpediency of the law, while others in
addition, occupy the higher ground of the want of constitu¬
tional authority in the Legislature to enact it. With regard
to the objection on the ground of inexpediency, it may be
remarked, that when the Legislative will is constitutionally
declared, none has the right to question it, or set up his judg¬
ment in opposition to it. All owe it obedience. It is the law
of the land. The constitutional power of the Legislature to
enact the law, cannot be questioned. It cannot be conceded
that, when a corporation is once created, it is placed beyond
the reach of legislation. So far as the charter constitutes a
contract between the Government and the corporators, no law
can be passed impairing its obligation ; but it may be punish¬
ed for a perversion or fraudulent use of any of its privileges.
If the stock ife not actually paid in, the only consideration
which imparts to the charter the semblance of a contract, or
having been paid, is fraudulently abstracted, the act of in¬
corporation may be repealed, or such other measure adopt¬
ed as may be deemed necessary to protect the country against
the consequences of paper issues upon fictitious capital.
The law to which I have adverted, was intended to expose
the transactions of the Banks, so far as to ascertain whether
their operations were based upon a paper or a specie capital.
This was no assault upon the chartered rights of any Bank'
and a delicate sensibility to the credit of stockholders, did
not warrant the assumption of a discretion to refuse to make
II
such disclosures as were considered by the Legislature neces¬
sary to guard effectually the community against unjustifiable
impositions.
Many of the Banks are still in a state of suspension; an
evil which has subjected the community to great losses.—
Extraordinary privileges have been granted to these corpo¬
rations, not for the purpose of substituting a worse for a bet¬
ter currency, and enabling the proprietors to grow rich by
the operation, but that they, furnishing a less unwieldly and
more convenient medium of exchange than the precious me¬
tals, convertible into coin at the option of the holder, might
receive and enjoy all the benefits resulting from these privi¬
leges. When, therefore, they permit their notes to fall be¬
low the value of specie, they break their faith with the com¬
munity, and violate the spirit, and in some instances the let¬
ter of the grant under which they exercise their functions.
This is perhaps a difficulty which cannot be entirely obviat¬
ed, inherent in the system of substituting a paper for a me¬
tallic currency; but it is one that cannot long exist when
Banks are conducted on proper principles ; when their capi¬
tal has, in good faith, been paid in, and when such paper
alone is discounted as can be made available in time of pres¬
sure for the redemption of the notes for which it was negoti¬
ated. Every class of society is interested in the mainten¬
ance of a sound currenc}> and this great end cannot be ac¬
complished without requiring punctuality of institutions to
which has been granted the extraordinary privilege of fur¬
nishing it. To tolerate their delinquency, is to oiler a pre¬
mium for misconduct; for they alone are benefitted, while
every holder of their notes sustains a loss. This is an evil
which has been inflicted on the country for more than a year,
and demands your serious consideration. The nature of the
remedy that should be applied, resting in your sound and
patriotic discretion, will doubtless be such as is demanded
by the interest of the people. I would respectfully recom¬
mend that a day be fixed for the resumption of specie pay¬
ments, allowing the Banks a reasonable time to prepare for
it, and that such penalties be annexed to their refusal, as will
ensure their compliance.
The Central Bank, under the management of an able and
experienced Board of Directors, in addition to the distribu¬
tion already alluded to, has afforded to the Commissioners
of the Western and Atlantic Rail Road, important facilities,
which have enabled them to discharge many of their heavy
obligations which it was expected would have been met by
the sale of State Bonds. This measure, warranted by law,
was also dictated by a sense of justice to contractors who
had labored faithfully in this great work, and had incurred
heavy liabilities, relying on the punctuality of the Commis¬
sioners. It has also made arrangements for the payment of
12
the New York debt, which, unless prevented by the unex¬
pected default of debtors, will be extinguished early m the
next year, by which the State will be relieved from the dis¬
grace inflicted upon it, by permitting its credit to be sacri¬
ficed. it has met all the appropriations of the Legislature,
including the amount set apart for the support of Common
Schools. Though these operations of the Bank have result¬
ed in great advantage to the State and people, they have left
in circulation a large amount of its notes which must be so
reduced, before further accommodations can be granted, as
to save the country from the enormous mischiefs of a depre¬
ciated currency. It is to be hoped that this Bank, so long
the benefactor of the people, will, with its ample assets, be
enabled to counteract the ungenerous efforts of other Banks
to discredit its issues, provided its liabilities are not in¬
creased by Legislative requisitions. If however, the appro¬
priations of the Legislature, which are annually increas¬
ing in amount, are to be met by the Central Bank, their
payment must be made in the notes of the Bank, for the re¬
demption of which no fund is provided; it must cease its opera¬
tions as a Bank, collect its debts, speedily recall its circula¬
tion, which creates an obligation paramount to all others,
and wind up its affairs. As a timely provision against a
measure of this sort, I would recommend to the Legislature
a resumption of the entire amount of St/ate taxes, which
have for some years been given to the counties, with but lit¬
tle benefit to them, but greatly to the injury of the finances
of the State.
It may be possible that the arrangements made by the
Central Bank for the payment of the debt due by the State
in New York, to which I have already adverted, may fail.—
It depends entirely on the punctuality of its debtors. As
this is a matter involving the character of the State, it should
be placed beyond doubts it is due to the,creditor, whose
circumstances may be seriously affected by the suspension
of so large a debt. It will be recollected that what creates
a legal liability in the case of an individual, imposes a moral
obligation only, on a State, and her honor must suffer when
her debts are not punctually paid. It will be necessary to
provide for any deficiency that may occur in the means pro¬
vided by the Central Bank for the payment of this debt.
Sale has not yet been effected of ail the Bank Stock own¬
ed by the State, and it is highly improbable that that owned
in the Bank oF Daricn can be sold, upon the terms prescrib-
ed in the Act directing the sale. This Bank, from an extra¬
ordinary pressure, was compelled to precede others in a
suspension of specie payments, which gave to its cred't a
shock from which it has not been able to recover, and of
which purchasers will not fail to seek advantage. I would
recommend that the State either purchase the interest of the
13
individual Stockholders, and take the Institution into its own
hands, or sell its own on such terms of liberal credit, as will
offer an inducement to purchasers to buy; and in either event,
to protect itself against the notes in circulation, and against
the re-issuing of those that have been redeemed.
A balance is due to Contractors on the Western and At¬
lantic Rail Road, for work for which cash was to have been
paid. The Branch of the Georgia Rail Road and Banking
Company at Augusta, advanced in the year eighteen hun¬
dred and thirty-nine, a considerable sum to the Commission¬
ers of the Western and Atlantic Rail Road, on a pledge of
State Bonds, which, by contract, was to have been long since
refunded. The Commissioners having been disappointed in
realising means upon the sale of State Scrip, have not been
able to comply with their engagements. These claims pre¬
sent demands upon your justice, for which it will be neces¬
sary to provide.
The system of Education through the instrumentality of
Common Schools, as at present arranged, is far from an¬
swering the purpose intended by its projectors. The fund
to be distributed is so small in proportion to the number of
children entitled to share it under the existing laws, that
none can derive any substantial benefit from it. It is impos¬
sible for the State, with its limited means, reduced as they
are by the mal-appropriation of the taxes, to afford gratui¬
tously the blessing of education to every child within her
boundary. I would therefore recommend that the laws on
this subject be revised, and that the children of such pa¬
rents only, as are unable to educate them, be embraced with¬
in their provisions. Our political institutions being based
upon an enlightened view of the rights of man, cannot be
supported but by the virtue and intelligence of the people.—
These should be nurtured and fostered by the State, and the
door of instruction should be opened to the humblest child
of poverty. Every citizen then, by proper industry and ap¬
plication, might acquire such a knowledge of the history of
his Government, its true policy, and the tendency of its
measures, as would enable him to detect the machinations of
the corrupt politician, and to distinguish properly between
the mad pageantry and low appeals of the demagogue, and
the lofty and principle-sustained arguments of the patriot.
The Preamble and Resolutions adopted by the last Gene¬
ral Assembly, instructing our Senators in Congress, and re¬
questing our Representatives to have the Act of Congress
respecting fugitives from justice, to carry into effect that sec¬
tion of the Constitution of the United States which relates
to the same subject, so amended as to require its execution
by officers of the General Government, and amenable to its
authority, were forwarded in due season to our Senators and
Representatives. They were presented by the Senators, but
34
the Representatives declined laying them before the House,
and assigned their reasons in letters addressed to me, copies
•of which, and also of my reply, are herewith communicated.
In December last, the whole of the grading of the West¬
ern and Atlantic Rail Road from Cross Plains to Ross'
Landing, with a small exception which has been since let,
was put under contract. The confidence of our citizens in
the credit of the State, relieved the Commissioners from the
embarrassments in which the meagre demand for State
Stocks, in foreign markets had placed them, and saved -to
the State the trouble, expense and loss attending the sales of
bonds to distant capitalists. These contracts, payable in
bonds redeemable in thirty years, interest at six per cent.,
payable semi-annually, were taken at an average rate much
lower than those previously let to be met with cash, which
manifests how highly the citizens of Georgia estimate her
credit, while it is so lightly appreciated abroad. The
grading of this Road has reached that point in its progress
to completion, that longer delay in the purchase of iron will
result in a public loss. The work already done is exposed
to continual injuries from rain and other casualties, which
must be repaired at great expense. The Commissioners not
believing that iron could be purchased with the means at
their command, except at a sacrifice not to be tolerated, have
deferred contracting for it until the Legislature could make
other provision for it. I would recommend you to give this
subject your earliest consideration. It is understood that it
can be purchased on such time as will suit the convenience
of the Legislature, if the Manufacturer can be inspired with
confidence, by an arrangement under the authority of law
that will guarantee the payment. This Road has been grad¬
ed for two tracks ; but believing that what is not clearly de¬
manded by the public good, should not be attempted in the
present and prospective low state of our finances, I would
recommend that but one be constructed. With turn-outs at
convenient distances, one will be sufficient for all the travel¬
ing and transportation that may be expected on this Road,
for some time to come, and by the temporary abandonment
of the other, the cost of construction will be greatly recluced
—a consideration not to be disregarded in the existing state
of things. ^ When the road is put in operation, which should
be done without delay, that the country may receive its be¬
nefits, the necessity, for a second track will be ascertained,
and it may then be constructed or finally abandoned as the
public interest may demand. _ Colonel Stephen H. Long
has "resigned his office of Chief Engineer, and James S.
Williams, Esquire, a gentleman highly recommended by the
Commissioners, whose situation enabled them to form a just
estimate of his merit and qualifications, has been appointed
to succeed him. The appropriation for paying the salaries
15
and expenses of the Engineer Department, has been exhaust¬
ed. It will be necessary to provide for the support of this
branch of the public service.
A party of marauding Indians from Florida invaded the
counties of Camden and Ware in August last, and after
having murdered some of the inhabitants, and plundered and
destroyed their farms and dwellings, disappeared. Gene¬
rals Floyd and Hilliard adopted prompt measures for the
protection of the exposed district, in which they were
warmly seconded by the patriotic citizens of those and some
• of the contiguous counties, who stepped forward to the relief
of the sufferers with a spirit and magnanimity worthy of the
highest commendation. As soon as intelligence of these
outrages reached this Department, I communicated it to the
Secretary at War, who, with his characteristic promptitude,
gave orders for a force to be detailed from the Army in Flo¬
rida, and marched to the assailed point; and he assures me,
that the whole exposed frontier will be protected. At the
same time, I despatched that able and experienced officer,
General Nelson, to the scene of these depredations, with or¬
ders to raise a sufficient force to pursue the enemy, and cap¬
ture or drive him from his hiding places in Georgia. He has
returned from this service. He penetrated and thoroughly
examined the Okefenoke'e and adjacent swamps, but made
no discovery that would justify the belief that the Indians
were still in that neighborhood. Yet fearing from the
impunity with which they had committed former aggres¬
sions on this thinly settled section of the State, they
might return—in fact, having heard that in all probability
they were on their way, he stationed for the protection of
the country, four companies under the command of Captains
Clarke, Tracy, Sweat and Jernigan, who will be retained in
the service for that object, until relieved by the United States
forces. Copies of reports of his operations are laid before
you. The people residing near the Okefenokee and the
neighboring swamps, have been greatly annoyed and injured
by the occasional incursion of the Indians, who, from the
facilities for escape and security afforded them by the situa¬
tion of the country, and from the impunity with which their
offences have heretofore been committed, have of late be¬
come much emboldened. They have presented themselves
in increased numbers, and made their attacks in open day,
a circumstance very unusual in savage warfare; and as they
are pressed in Florida, it may be expected that they will
seek a place of refuge in our spacious swamps, and thence
more frequently repeat their attacks on the lives and proper¬
ty of our citizens. Congress at its last session, failed to ap¬
propriate money for the support of the war in Florida, and
as it is questionable, from the interminable discussions which
that body has of late inflicted upon the country, when a fund
16
will be raised for that purpose, you should provide for the
protection of the State. It were better that thousands should
be expended, than that a single life should be lost from a
want of fidelity in the State to her citizens.
The question of Boundary, which often proves a fruitful
source of angry contention between conterminous States, I
am happy to inform you, has been finally settled with Ala¬
bama. That State, with a spirit becoming her, has adopted
the line run by the Georgia Commissioners in eighteen hun¬
dred and twenty-six, commencing at Miller's Bend on the
Chattahoochee River, and terminating at Nickajack. I place
before you a copy of the Resolution of the Legislature of
Alabama on this subject.
I have contracted for the manufacture of the standard
weights which, by an act of the last Session, it was made
my duty to procure, and they will be delivered in December
next. The standard of measures has not been furnished by
the United States, and was not in the Executive Office, as
supposed by the Legislature at the time of the passage of
the law.
The building intended for a Lunatic Asylum has not yet
been completed. The Contractor for the manufacture and
delivery of bricks has been prevented by the unprecedented
rainy . season from complying with his engagement, from
which, great delay in the construction has arisen. It is ex¬
pected, however, that it will be ready for the reception of
the unfortunate persons for whose benefit it is intended, by
the first of June next. It will be necessary for you to pre¬
scribe the rules under which this humane Institution shall
go into operation, and provide for it a Physician and the ne¬
cessary Superintendents.
Congress failed at its late session, though one of extraordi¬
nary length, to appropriate money to pay the State of Geor¬
gia her claim against the Government for disbursements to
the Militia for services, subsistence and losses. The atten¬
tion of Congress was not called to the subject, until the Ses¬
sion was considerably advanced. It is to be hoped that
those who represent the interests of their State in that body
at the approaching session, will urge its consideration at an
early day. The Secretary at War has manifested a friendly
disposition towards it, and all that is necessary to insure its
payment, is the authority of law.
I lay before the ^Legislature, the address and resolutions of
a Convention held in J une last, in the British Metropolis, of an
extraordinary character. ^ The tone of denunciation used in
these proceedings, proclaim the madly fanatical spirit that
dictated them, and fully demonstrate the fatal extremities to
which a false philanthropy may impel its votaries. The sug¬
gestion of any measure to the General or State Govern¬
ments of this Union, whether constitutional or not, by the
17
subjects of foreign powers, is an impertinence not to be en¬
dured ; but an offer to dictate an unconstitutional policy sub¬
versive of the authority of the States, violative of individual
rights, and endangering the peace of any member of the con¬
federacy, is an injury that should be felt by every American
citizen, and the nations, whose subjects are thus offending,
should be required to bring them to condign punishment.—
The history of this Convention proves, I regret to say, that
citizens owing allegiance to the Government of the United
States; bound to its support by all the obligations of honor,
duty, patriotism, and religion; enjoying the blessings which
flow from a Constitution, ordained and established to ensure
domestic tranquility, have joined the unholy combination
against an institution recognized by that instrument. A mem¬
ber of the Congress of the United States has made himself
accessory to this wanton aggression upon the Constitution, by
sending to this Department, in a packet bearing his frank, one
of the papers now communicated. The whole matter is re¬
ferred to you, not doubting that you will give it all the consi¬
deration to which, in your enlightened judgment, it may be
entitled.
The attention of the Legislature has been so repeatedly
called to the amended Constitution authorizing the establish¬
ment of a Supreme Court for the Correction of Errors, that
it is only necessary to bring the subject before you to ensure
such action upon it as is required by the public good.
I herewith communicate a statement of the Warrants
drawn upon the Treasury for the political year just ended,
and also a list of Executive Appointments made during the
same time.
I lay before you the Report of the Commissioners of the
Oconee Navigation.
The law establishing an Independent Treasury, was pas¬
sed by Congress at its late session, by which the Government
has taken into its own hands the management of its fiscal
concerns. This measure, recommended by the unwarranta¬
ble issues of the Banks which had been constituted the de¬
positories of the public funds—the heavy losses sustained by
the mal-management of these institutions—their profligate
waste without responsibility, and the heavy duties necessary
to supply the deficiency will, when its practical effects are
felt and seen, receive the general approbation. It wrests
from the hands of the Executive all the patronage they
wielded, through the Deposite Banks, their Stockholders
and debtors. It can bestow no favors and purchase no influ¬
ence. The Revenue will not be more exposed to peculation
by the Officers of Government, than it was under the late
system by the officers of Banks; and the former with their
sureties will be primarily liable, while the latter were only
secondarily so. The money of the Government will be much
2
IS
more safe too, in its own vaults, than in the custody of nn
institution, which, when deprived of it, is compelled to resort
to loans on both sides of the Atlantic, to sustain its credit.
In the published laws of eighteen hundred and thirty-eight,
an Act is found- having all the requisites of the Constitution
to give it authority,, by which the sum of fifteen thousand
dollars is appropriated for repairing the Arsenal, and repair¬
ing and cleaning the public arms, when, as I have been in¬
formed1, the sum- of fifteen hundred dollars only wras set
apart in the Act as passed1 for that object, the error ha\ ing
occurred in transcribing it for the signature of the officers.
The several sums appropriated to the Comptroller Gene¬
ral, Treasurer and Surveyor General in the fourth, fifth and
sixth sections of the Act to appropriate moneys for the polit¬
ical year eighteen hundred and forty, for compensating them
for extra Clerk hire, have not been drawn from the Treasu¬
ry, ample allowance having been made these Clerks in anoth¬
er part of that Act. I would recommend the repeal ol the
sections above referred to, and also-, the Act in regard to the
Arsenal, so far as it respects the excess of the appropriation
above fifteen hundred dollars.
Copies of the Reports of the Military Store-Keepers at
Savannah and Milledgeville are submitted to you. I would
recommend the sale of all arms too much injured for use,
and the damaged powder referred to in the Report from Sa¬
vannah.
By an Act of the last session,. I was authorized to pay
Messrs. Charles Dougherty, James A. Meriwether, and Sam¬
uel A. Wales, for professional services rendered in defend¬
ing certain cases in the Superior Court of Habersham coun¬
ty, agreeably to a Resolution of the previous General Assembly.
Upon referring to that Resolution, I found that the Governor
was authorized to employ counsel to defend those cases, and
Colonel Wales having been retained by the individuals inter¬
ested, and not by the Governor under that Resolution, I con¬
sidered myself bound by the restrictive terms of the law, to
exclude him from the benefit of its provisions. If it were the
purpose of the Legislature to place him o-n an equality with
those gentlemen who were engaged by the State, and to re¬
lieve the individuals employing him from the payment of his
fee, it is now in your power to cany out that intention.
Brigadier General John W. Rabun, of the Second Bri¬
gade of the Second Division, has resigned his office. A copy
of his letter of resignation is laid before you.
I transmit to you copies of Resolutions passed by the Le¬
gislatures of Connecticut, Vermont-, New York, Kentucky,
New Jersey, Indiana and Maine, relating to matters of gene¬
ral concern; and also, Resolutions of the State of South Car¬
olina, on the subject of the controversy between this State and
the State of Maine. Among the Resolutions communicated,
19
you will find one with a Preamble, from the State of Connecti¬
cut, whose object is to procure the passage of a law by Con¬
gress for the protection of the Manufacturing interest. The
renewal of this policy should be resisted by the use of all
constitutional means. It cannot be forgotten how obnoxious
it was to one section of the Confederacy, nor with how much
tenacity it was adhered to by another. In some of the
States, distinguished citizens were found, who were wil¬
ling to throw off the glorious Union with all its benefits,
rather than submit to its hardships; while in others, there
were prominent men who would see the Southern cities co¬
vered with grass, and require that the calamity be traced
distinctly to this cause, before they would consent to aban¬
don it. The bitterness of feeling engendered by this excit¬
ing measure, is a sufficient objection to its re-adoption ; but
there are other reasons having their foundation in principles
of common right, wherefore it should not be revived. He
who cultivates the earth, or labors at any of the mechanic
arts, should not pay tribute to him who manufactures the
materials in which he is clad. A choice of occupation is
open to all, and none has a right to select a trade after due
consideration of its comparative advantages, and then de¬
mand of the Government to levy a contribution on the rest
of the country to increase his profits. There is still a graver
objection, which no argument of convenience or expediency
should be permitted to overcome. This Preamble and Re¬
solution assert the constitutional power of Congress to enact
a law imposing a protective Tariff, without reference to the
necessities of the Government. Concede this, and the Con¬
stitution creates no barrier against the exercise of absolute
authority ; all will depend on the caprice and unrestrained
will of the Legislator. The Constitution confers no such
power; and it cannot be assumed without awakening a feel¬
ing, which those who arouse it, will find it difficult to subdue.
The State of Connecticut seeks the accomplishment of its
object by obtaining the influence of the expression of senti¬
ments favorable to the measure by the Legislatures of the se¬
veral States ; this expression I confidently believe they
cannot obtain from Georgia.
Dr. Cotting, the State Geologist, has continued his labors
up to this time, though the appropriation for the payment
of his salary was exhausted on the sixth day of July last.
He was informed by me that the failure of the Legis¬
lature at the last session to make further appropriation for
the support of the office, might be construed into an inten¬
tion to discontinue it, after the consumption of the balance
of the fund, and that if he discharged the duties beyond the
time at which the sum set apart for that special object should
be expended, he must rely for compensation on the estimate
placed by the Legislature on the necessity and value of his
20
services. If, in your opinion, the public interest requires the
further prosecution of this survey, an appropriation must be
made, to defray its expenses. I would recommend that pay
ment be made for what has been done. The Fourth Annu¬
al Report of that officer is now communicated, from which
it will be seen that discoveries have been made in some
counties valuable to the interests of agriculture.
I recommend to you a revision of the law for the govern¬
ment of the Militia. From the want of a proper organiza¬
tion under the existing system, it is impossible to bring a
force, however small into the field, without great difficulty,
when it is necessary to resort to a draft. Orders cannot be
executed but through officers, and in counties in which a
draft was recently ordered to fill a requisition under the au¬
thority of the General Government for a single company,
there was scarcely a company to be found properly organ¬
ized. Much delay was occasioned by this cause ; but after
the draft was completed, new embarrassments were thrown
in the way by the unwarrantable interference of evil dispos¬
ed persons, who advised the men not to yield obedience to
a call made by the authority of the laws. The exertion of
so wicked an influence should be made the subject of the se¬
vere retribution which it merits. It is calculated to ensnare
the innocent; for he who ignorantly heeds the unfortunate
counsel, is subjected to a punishment from which it is impos¬
sible, in the rigor of military law, to escape. Cases may be
imagined in which the safety of a whole community might
be endangered.
The October Report of the Bank of Ruckersville is trans¬
mitted to you. The semi-annual Reports of the other Banks
that have been received, are in this Department, subject to
the examination and order of the General Assembly.
Three bills passed by the last Legislature and presented
for my revision which were dissented to by me, and whose
return to that body was prevented by its adjournment, are
herewith communicated, together with my objections.
A copy of the report of the Principal Keeper of the Peni¬
tentiary, recommending such amendments of the rules for
the police of that institution as have been suggested by his
reflection and experience, is placed before you.
Great difficulty was experienced in the beginning of the
year, from the want of materials to keep the convicts profit¬
ably employed. No appropriation was made by the last
General Assembly to purchase them, and the officers were
compelled to rely, in a great measure, on the credit of the
institution, which had become much impaired by the heavy
amounts of unsettled demands against it. Advantageous
contracts cannot be made under such circumstances. The
small appropriation of three thousand dollars made at the
last session was drawn, from the Treasury before the first Mon-
21
day in January last, so that the institution was compelled to rely
on its own resources lor the present year. There is now on
hand a large amount of good materials for the purchase of
which, new debts to a considerable amount, were necessarily
contracted; but from the manufacture of which, the State
may expect to realise a handsome profit. For the years
eighteen hundred and thirty-eight and thirty-nine, the sum
of twenty-five thousand dollars was voted to this institution.
All that is now asked is a loan, not an appropriation, and if
the institution should be hereafter conducted with as much
energy and wisdom as it has been during the present year
the State will be reimbursed in a very short time.
The enclosure around the lot on which the Executive
Mansion is situated, and other necessary improvements au¬
thorized by an Act of the last Session, have been delayed
by the difficulty of procuring suitable materials. The out¬
buildings have been erected.
From the official returns made to this Department, a most
decided and unequivocal expression of the popular will in
favor of biennial sessions of the General Assembly, has been
given—the vote being thirty-seven thousand nine hundred
and eleven for biennial, and five thousand one hundred and
seventy-two for annual sessions—more than seven-eighths
favorable to the former. The heavy expenses of the annual
session of so numerous a body, the abortive efforts hereto¬
fore made to reduce the number, and the constitutional au¬
thority vested in the Executive to convene the Legislature
on extraordinary occasions have, no doubt, concurred in cre¬
ating this strong public sentiment in favor of the measure.
If the wishes of the people are permitted to exert the influ¬
ence to which they are entitled in representative govern¬
ments, they must be decisive of your action on this subject.
charles J. Mcdonald.
And the same being read, on motion of Mr. Crawford, of
Richmond, three hundred copies of the same were ordered
to be printed for the use of the House.
The House then adjourned until 10 o'clock to-morrow
morning.
WEDNESDAY, November 4, 1840.
Mr. Rodgers laid on the table the following resolution:
Resolved, That both branches of General Assembly con¬
vene in the Representative Hall, on Friday next, at eleven
o'clock, A. M., for the purpose of electing a Judge of the
Superior Courts of the Coweta circuit.
Mr. Wales presented a petition from sundry citizens of
the counties of Union and Habersham, praying for an act
chartering a company to construct a turnpike road from a
point on the North Carolina line, in the county of Union, to
the town of Clarksville, in Habersham, county, which was
referred to a committee consisting of Messrs. Wales, Cannon,
and Wellborne.
Mr. Foster laid on the table the following resolution:
Resolved, That both branches of the General Assembly
convene in the Representative Chamber, on Friday next, at
the hour of eleven o'clock,- A. M., for the purpose of pro¬
ceeding to the election of a Judge of the Superior Court for
the Coweta circuit, a Solicitor General for the Ocmulgee
circuit, a Solicitor General for the Northern circuit, a Solici¬
tor General for the Western circuit, a Solicitor General for
the Flint circuit,, a Solicitor General for the Southern circuit,
a Solicitor General for the Eastern circuit, and an Attorney
General for the Middle circuit.
Mr. Williams, of Talbot, introduced a bill to pardon Fran¬
cis Lawrence, of Talbot county; which was- read the first
time.
On motion of. Mr. Rodgers,
The resolution bringing on the election of a Judge of the
Superior Court of the Coweta circuit, was taken up, and the*
same being amended, was agreed to, as follows :
Resolved, That both Houses of the General Assembly wiE
convene in the Representative Chamber, on Friday next, at
eleven o'clock in the forenoon, for the purpose of electing
a Judge of the Superior Courts of the Coweta district; also
an Attorney General for the Middle district, and' Solicitor
Generals for the Eastern, Northern, Southern, Ocmulgee*
Western, and Flint districts each, respectively.
On motion of Mr. Rodgers,
Resolved, That the Speaker proceed to appoint the usual
standing committees, and report the same to this House.
The House then adjourned until to-morrow morning 101
o'clock..
THURSDAY, November. 5, 1S40.
Daniel M. Stewart and Armand Lefils, Esquires, members
elect from the county of Mcintosh, attended and produced
their credentials, and having taken the oath prescribed by
the Constitution of this State, and to support the Constitution
of the United States, took their seats.
23
Mr. Evans, a representative from the county of Burke,
attended and produced his credentials, and having taken the
oath prescribed by the Constitution of this State, and to
support the Constitution of the United States, took his seat.
Leave of absence was granted to Mr. Herrington, a few
days, on account of indisposition in his family.
The bill for the pardon ol Francis Lawrence, of Talbot
county, was read the second time, and committed to a com¬
mittee of the whole House.
On motion, the rule being dispensed with, Mr. Hunter in¬
troduced a bill to prohibit persons from driving or bringing
any cattle or oxen from any of the distempered parts of this
State, or any other State, into the county of Cherokee, under
certain conditions and penalties therein named; which was
read the first time.
Mr. Millen presented a memorial from the heirs of George
Galphin, which was referred to a committee consisting of
Messrs. Millen, Rodgers, Stephens, Anderson, of Chatham,
and Hardeman.
Mr. Rodgers laid on the table the following resolution,
which was read and agreed to.
Resolved, That the Secretary of State be requested to re¬
turn to this House, the Act of the last session of the General
Assembly, altering and amending the Constitution of this
State, so as to change the meeting of the General Assembly
from annual to biennial.
Mr. Mays, of Cobb, introduced a bill for the relief of the
Sheriff and Jailor of the county of Cobb; which was read
the first time.
Mr. Murphey, of DeKalb, introduced a bill to admit Leon¬
ard C. Simpson to plead and practice law in the several
courts of Law and Equity in this State; which was read the
first time. *
Mr. Tanner presented the petition of William Middleton,
relative to the lines of Lot No. 102, in the eighteenth district
and fourth section, which, on his motion, was referred to the
committee on petitions, without being read; and also laid
on the table the following resolutions, which were read.
Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That our Senators
and Representatives in Congress be respectfully and ear¬
nestly solicited to use their best exertions to cause to be es¬
tablished am a il route for the transportation of the mail, on
horseback,on ce a week, from Lafayette, in Walker county,
to the county site of Dade county.
And be it further resolved, That his Excellency the Gover¬
nor be requested to furnish to each of our Senators and
Representatives in Congress, a copy of these resolutions.
Mr. r'f Gwinnett., introduced a bill to compel the
24
several incorporated Banks of this State, to redeem their
notes or bills with specie; which was read the first time.^
Mr. Barclay introduced a bill to prevent the depreciation
of Bank paper; which was read the first time.
Mr. Covenah introduced a bill to collect in the funds, hith¬
erto set apart and appropriated to the improvement of the
Ogeechee river,and to deposit the same in the Central Bank;
which was read the first time.
Mr. Shaw introduced a bill to repeal an act, entitled an
act to establish a general system of Education by common
schools, passed 26th December, 1837; also, an act amenda¬
tory thereto, passed 27th December, 183S; which was read
the first time.
Mr. White, of Pike, laid on the table the following reso¬
lution, which was read.
Whereas, the present embarrassed state of our finances
seem to call for strict economy :
Be it therefore resolved by the Senate and House of Representa¬
tives of the State of Georgia, in General Assembly met, That the
employment of Clerks to the Joint Standing committees for
the present session, be dispensed with.
Mr. Crawford, of Richmond, introduced a bill to point out
the tribunal and mode for the trial of questions of citizen¬
ship, in certain cases, and to declare what shall be evidence
in the same; which was read the first time.
Also—A bill to compel the several Banks of this State to
redeem their respective liabilities in specie, and to provide
for the forfeiture of the charter or charters of such as may
refuse ; which was read the first time.
Mr. Hotehkif s introduced a bill to incorporate the Baptist
meeting-house, (known as Wade's meeting-house,) in the
county of Scriven, and to appoint trustees for the same;
which was read the first time.
Mr. Johnson, of Troup, introduced a bill to-authorise the
sheriffs of Troup county to advertise their sales in some one
of the public gazettes in Columbus; which was read the
first time.
Mr. Meadows introduced a bill to extend the time to for¬
tunate drawers for taking out their grants in the counties of
originally Appling, Early, Irwin, Hall, Habersham, Walker,
Gwinnett, and Rabun, and for other purposes ; which was
read the first time.
Mr. Stroud, of Walton, introduced a bill to repeal the
second and third sections of an act entitled an act to ap¬
point eleven additional trustees of the University of Georgia,
and to provide a permanent additional fund for the support
of the same, and for other purposes; which was read the
first time.
Mr. Toombs laid on the table the following resolutions,
which were read and agreed to.
25
Resolved, That a special committee of five be appointed,
whose duty it shall be to enquire fully into the management
and situation of the Central Bank of Georgia, and also into
the condition of the finances of this State; and report by bill
or otherwise, whether or not the public interest requires the
repeal of the charter of said Bank; and also, what measures
are necessary and proper to be adopted for the speedy pay¬
ment of the debts of this State and the restoration of her
credit.
It is further resolved, That said committee have power to
send for persons and papers, and to examine witnesses un¬
der oath.
Whereupon, Messrs. Toombs, Stiles, Murphey, of DeKalb,
Osborne, and Chappell, were appointed that committee.
Mr. Flournoy, of Washington, laid on the table the follow¬
ing preamble and resolutions:
In the message submitted to the General Assembly of the
State of Georgia, by his Excellency Charles J. McDonald,
the odious principles of the Sub-Treasury, or Independent
Treasury, are advocated: and whereas, Georgia has, on a
recent occasion, by a large majority of her citizens, spoken
in language not to be misunderstood, her unqualified con¬
demnation of that measure, it becomes the representatives
of the people of Georgia, in our legislative capacity, to make
known our views of the bill alluded to by his Excellency.
We see nothing in the principles or practical operations
of the law, known as the Independent Treasury, that
deserves either our confidence or support; but on the other
hand, the people, after a full investigation of the subject, have
arisen in their majesty and pronounced its doom.
1st. Be it therefore resolved by the Senate and House of Rep¬
resentatives of the State of Georgia, in General Assembly met,
and it is hereby resolved by the authority of the same, That the
Independent Treasury bill is anti-republican and oppressive.
2d. Be it resolved by the authority aforesaid, That our Sen¬
ators in Congress from this State be instructed to use all
honorable means to accomplish a speedy repeal of said bill,
and if it be incompatible with their sense of duty to vote for
the repeal, that they resign, that the voice of a large majority
of the people of Georgia may be heard, and her decision
felt in the Congress of the United States.
3d. And be it further resolved, That our Representatives in
Congress be requested to use their best exertions for the re¬
peal of said bill.
4th. Be it further resolved, That we look forward to the
election of General Harrison as the period for the com¬
mencement of a long and glorious day of prosperity to the
people of this country, and for a practical operation of those
great principles which all true democrats have ever sup¬
ported.
26
5th. Be it resolved, That a copy of these resolutions be
furnished to each of our Senators and Representatives in
Con gress from this State.
The following message was received from the Senate, by
Mr. Bailey, their Secretary, to wit:
Mr. Speaker: The Senate has concurred 'with the House
of Representatives in the resolution relative to bringing on
certain elections at the hour of eleven o'clock, A. M., on
Friday next.
Mr. Black laid on the table the following resolution which
was read:
Resolved, That committees be appointed to consolidate all
bills for establishing election precincts; also, for incorporating
academies; also, for incorporating churches; also, i'or com¬
pensating grand and petit jurors; also, for changing names
of persons.
The following message was received from the Senate, by
Mr. Bailey, their Secretary, to wit:
Mr. Speaker: The Senate has agreed to a resolution, set¬
ting apart the hour of twelve o'clock, M., on Friday next,.lor
the purpose of electing a Brigadier-General for the second
brigade, tenth division, G. M., to fill the vacancy occasioned
by the formation of the thirteenth division, G. M., including
in said division, Thos. J. Holmes, late Brigadier-General of
the second brigade of said tenth division.
To which the Senate desires the concurrence of the House
of Representatives.
The House took up the same and concurred therein, and
the Clerk was directed to carry the same forthwith to the
Senate.
Mr. Shaw laid on the table the following resolution.
Resolved, That both branches of the General Assembly
convene in the House of Representatives at the hour of
eleven o'clock, A. M., on Thursday next, lor the purpose of
electing State Printer.
Which was read and agreed to, and the Clerk directed
forthwith to notify the Senate of the same.
The House then adjourned until 10 o'clock to-morrow
morning.
FRIDAY, November 6, 1840.
Leave of absence was granted to Mr. Stroud, of Walton,
on account of indisposition in his family.
James Y. McDuffie, Esquire, a member elect from the
county of Irwin, appeared, produced his credentials, and
27
having taken the oath prescribed by the Constitution of this
State, and to support the Constitution of the United States,
took his seat.
Mr. Mitchell introduced a bill to extend the time for for¬
tunate drawers, in the counties of Appling, Early, Irwin,
Hall, Habersham, Walton, Gwinnett and Rabun, to take out
their grants and reduce the fees on the same; which was
read the first time.
Mr. Roberts introduced a bill to repeal an act further to
regulate the granting of retail license and sale of spirituous
liquors, assented to the 29th day of December, 1838; which
was read the first time.
Mr. Thompson introduced a bill to appropriate money to
pay for the teaching of poor children for the year 1838;
which was read the first time.
Mr. Hardeman introduced a bill to alter and amend the
ninth section of the Judiciary act of 1799, and the first sec¬
tion of an act relative to executions, passed December 14th,
1811; which was read the first time.
Mr. Lefils introduced a bill to amend an act, entitled an
act to establish a tribunal for the trial of slaves within this
State, passed 16th December, 1811, so far as relates to the
county of Mcintosh; which was read the first time.
Also—A bill to legitimatize and change the name of Sam¬
uel Thomas Thomas, to that of Samuel Thomas Oweings;
which was read the first time.
Mr. Hudson laid on the table the following resolution:
Resolved, That both branches of the Legislature do con¬
vene in the Representative Chamber at eleven o'clock on
Wednesday next, for the purpose of electing a Brigadier-
General of the second brigade, second division, G. M.
Mr. Stroud, of Walton, introduced the following resolutions:
Whereas, several of the Banking Institutions of this State
have suspended specie payments, and the bill-holders of
such suspended Banks have had to submit to great loss and
inconvenience in the disposition of their bills, either in pro¬
curing funds abroad, or in discharge of their debts, or
otherwise; and it is the opinion of this General Assembly
that there does not now exist any sufficient cause for such
suspension, and that there now exists no good reason what¬
ever why such Banks as have suspended specie payments
should not promptly discharge their liabilities by a redemp¬
tion of their bills, and discharge all other debts in gold and
silver; and in case of their failure so to do, that further in¬
dulgence should not be granted; and that the extraordinary
privileges heretofore conferred, be withdrawn.
Be it therefore resolved by the Senate and House of Representa¬
tives of the State of Georgia, That his Excellency the Gov¬
ernor do issue his proclamation requiring the several sus¬
pended Banks of this State to resume specie payments, and
2S
to discharge their liabilities in gold and silver, on or before
the first day of January next; and on the failure or refusal
of any bank to redeem their bills and discharge all their
liabilities on the day aforesaid, in gold and silver, that his
Excellency the Governor give notice to the Attorney-Gener¬
al, or the Solicitor-General in whose Judicial circuit such
suspended bank or banks may be, to cause a scire facias to
issue, requiring said bank or banks to show cause why their
charter or charters should not be set aside, and that the af¬
fairs of the bank be wound (up and brought to a close.
Be it further resolved, That his Excellency the Governor
do cause similar proceedings to be instituted against any
bank or banks that may hereafter suspend or refuse to re¬
deem their bills in gold and silver.
Beit further resolved, That his Excellency the Governor,
if he may deem it necessary, be and he is hereby authorised
to employ any additional counsel to aid the Attorney or So¬
licitor-Generals in the prosecution of all such proceedings
as may be instituted against any suspended bank; and that
for their services so rendered, they be paid a reasonable
compensation; and that his Excellency the Governor be,
and he is hereby, authorised to draw his warrant on the
Treasury for the same, to be paid out of the contingent fund.
The following message was received from his Excellency
the Governor, by Mr. Home, his Secretary, to wit:
Mr. Speaker: His Excellency the Governor has approved
of and signed a resolution which originated in this House,
bringing on the election for a Judge of the Superior Courts
of the Coweta circuit; and also, Solicitor-Generals for the
Eastern, Northern, Southern, Ocmulgee, Western, and Flint
circuits respectively, this day at eleven o'clock, A. M.
Mr. Crawford, of Oglethorpe, presented a petition from
sundry citizens of Oglethorpe and Clark counties against
the incorporation of Big Creek Church, in Clark county;
which was laid on the table for the present.
Mr. Stroud, of Clark, introduced a bill to incorporate the
Baptist Church at Big Creek, in Clark county, and appoint
trustees for the same; which was read the first time.
Mr. Bell laid on the table the following resolution which
was read.
Be it resolved by the Senate and House of Representatives in
General Assembly met, That the members of the Senate and
House of Representatives meet in the Representative Cham¬
ber at eleven o'clock, A. M., on Monday next, for the pur¬
pose of electing an Adjutant-General and an Assistant Ad¬
jutant-General for the State of Georgia.
Mr. Lee introduced a bill to repeal an act entitled an act
to organize the office of Adjutant-General of the State of
29
Georgia, passed on tlie 28th December, 1S36; which «was
read the first time.
Mr. Hotchkiss introduced a bill to repeal so much of the
third section of an act passed the 24th December, 1835, en¬
titled an act, to alter and amend an act, to change the names
of certain persons therein mentioned, and to legitimatize
those persons whose names are so changed, as far as relates
to the legitimatizing and investing Caroline Amanda Tuttle,
formerly Caroline Amanda Graham with the rights and priv¬
ileges of an heir at law of her reputed father, James Tuttle,
of Sc driven county; which was read the first time.
Mr. Chipley laid on the table the following resolution,
which was read and agreed to.
Resolved, That two hundred and ten copies of the last
semi-annual reports of the several banks of this State, be
printed for the use of this House.
Mr. McMath introduced a bill to change the names of Sarah
Carroll and Emily Jane Carroll, to that of Sarah Rouse and
Emily Jane Rouse, and to legitimatize the same ; which was
read the first time,
Mr. McMillen introduced a bill to dispose of the ungrant-
ed lands, lying in originally Early, Irwin, and Appling;
which was read the first time.
Mr. Crawford, of Richmond, introduced the following re¬
solution :
Resolved, That the appointments of joint committees by
both Houses of the General Assembly, be dispensed with;
which was laid on the table for the present.
On motion of Mr. Black, the House took up the resolu tion
offered by him on yesterday, relative to the appointment of
committees, and the same being amended was then agreed
to as follows:
Resolved, That committees be appointed to consolidate all
bills for establishing Election precints ; also, for incorporat¬
ing Academies; also, for incorporating Churches; also, for
compensating grand and petit Jurors; also, for changing
names of persons; and also, for admitting persons to plead
and practice law.
On motion, the Clerk was directed to inform the Senate that
the House of Representatives are ready to receive them in their
chamber, to proceed to the elections set apart for this dayf;
which duty being performed, the President and members of
Senate attended, and both Houses proceeded to the election
of a Judge of the Superior Court for the Coweta circuit;
and the ballots being received and examined, it appeared
that William Ezzard was duly elected.
They then proceeded to the election of an Attorney-General
for the Middle circuit, and the ballots being received and
30
examined, it appeared that James Gardner, Esquire, was
duly elected.
They then proceeded to the election of a Solicitor-General
for the Eastern circuit, and the ballots being received and
examined, it appeared that William P. White, Esquire, was
duly elected.
The President and members of the Senate then withdrew
and the House adjourned until 3 o'clock, P. M.
Three o'clock, P. M.
The House met pursuant to adjournment.
On motion, the Clerk was directed to inform the Senate
that the House of Representatives were now ready to receive
them in the Representative Chamber, for the purpose of
proceeding to the unfinished business of this morning, to wit,
the election of a Solicitor-General for the Northern circuit, a
Solicitor-General for the Southern circuit, a Solicitor-General
for the Ocmulgee circuit, a Solicitor-General for the Wes¬
tern circuit, a Solicitor-General for the Flint circuit, and a
Brigadier-General for second brigade, tenth division, G. M.,
which duty being performed,
The President and members of the Senate attended, and
both branches of the General Assembly proceeded to the
election of a Solicitor-General for the Northern circuit, and
the ballots being received and examined, it appeared that
Alexander Pope, Esquire, was duly elected.
They then proceeded to the election of a Solicitor-General
for the Southern circuit, and the ballots being received and
examined, it appealed that John Gibson, Esquire, was duly
elected.
They then proceeded to the election of a Solicitor-General
for the Ocmulgee circuit, and the ballots being received and
examined, it appeared that Augustus Reese, Esquire, was
duly elected.
The President and members of the Senate then withdrew.
The House then adjourned until to-morrow morning 10
o'clock.
SATURDAY, November 7, 1840.
Tiree Reeves, Esquire, a member elect from the county of
Meriwether, appeared, produced his credentials, and having
taken the oath prescribed by the Constitution of this State,
31
and to support the Constitution of the United States, took
his seat.
Allen Williams, Esquire, a member elect from the'county
of Bulloch, appeared, produced his credentials, and having
taken the oath prescribed by the Constitution of this State,
and to support the constitution of the United States, took
his seat.
Leave of absence was granted to Mr. Crawford, of Rich¬
mond, and Mr. Hardeman, for a few days on special busi¬
ness ; also to Mr. Hudson, of Hancock, for a few days, on
account of indisposition in his family.
On motion, the Clerk was directed to inform the Senate
that the House of Representatives are ready to receive them
in their Chamber to proceed to the unfinished business of
yesterday, to wit, the election of Solicitor-Generals of the
Western and Flint circuits, and a Brigadier-General for the
second brigade, tenth division, G. M.
Which duty being performed, the President and members
of the Senate attended, and both Houses proceeded to the
election of a Solicitor-General for the Western circuit, and
the ballots being received and examined, it appeared that
William H. Hull, Esquire, was duly elected.
They then proceeded to the election of a Solicitor-General
for the Flint circuit, and the ballots being received and ex¬
amined, it appeared that Zaehariah E. Harmon, Esquire,
was duly elected.
They then proceeded to the election of a Brigadier-Gen¬
eral for the second brigade, tenth division, G. M., and the
ballots being received and examined, it appeared that David
B. Bush, Esquire, was duly elected.
The President and members of the Senate then withdrew
and the House adjourned until 10 o'clock, Monday morning.
MONDAY, November 9, 1840.
John T. Wooten, Esquire, a member elect from the county
of Wilkes, attended, produced his credentials, and having
taken the oath prescribed by the Constitution of this State,
and to support the Constitution of the United States, took
his seat.
Andrew L. King, Esquire, a member elect from the county
of Glynn, attended, produced his credentials, and having
taken the oath prescribed by the Constitution of this State,
and to support the Constitution of the United States, took
his seat.
82
Leave of absence was granted to Mr. Ford, of Cherokee,
in consequence of indisposition in his family.
Leave of absence was granted to Mr. Chappell, for a few
days, on special business.
On motion of Mr. Williams, of Talbot,
The bill for the pardon of Francis Lawrence, was made
the special' order of the day for Saturday, the 14th inst., and
210 copies of the evidence ordered to be printed for the use
of the House.
Mr. Mays, of Cobb, presented a petition from sundry citi¬
zens of the county of Cobb, for the relief of Nathan Durham,
Security for John Massey, Tax Collector of said county,
which "was referred to the Committee on Petitions, without
being read.
Mr. Shropshire presented a petition from sundry citizens
bf Chattooga county, praying to be added to the county of
Floyd, which was referred to a select Committee, consisting
of Messrs. Shropshire, Ellis, and Hudgins.
Mr. Gathright introduced a bill to alter and amend the
eleventh section of the third article of the Constitution of
the State of Georgia, so as to make Sheriffs eligible to re¬
election, which was read the first time.
Mr. Lefils introduced a bill to authorize his Excellency the
Governor to pay over to the Senator of'Mcintosh county, all
arrearages due said county from the Poor School Fund, to
be applied to the purposes of education for said county,
which was read the first time.
Mr. Hotchkiss laid on the table the following Resolution:
Resolved, That a committee be appointed to compile the
Militia Laws of this State, now in force, and which may be
passed during the present session, and that a sufficient num¬
ber of copies be printed so that each commissioned officer
authorized by the laws of this State shall be supplied with
a copy thereof; and that the said copies be distributed, at
the same time and in the same manner, that the Laws and
Journals are distributed, and that the sum of
be appropriated for that purpose.
Mr. O'Neal introduced a bill to authorize Seaborn N.
Jones, of the county of Monroe, to plead and practice law
in the several courts of law and equity in this State, and to
prescribe his liability touching the same; which was read
the first time.
Mr. Neal introduced a Bill to authorize the Justices of the
Inferior Court of the county of Pike to apply the funds of
said county for the support of the invalid poor; which was
read the first time.
Mr. Stephens introduced a bill to define the liabilities of
the several Rail Road Companies in this State, for the loss
of stock killed or wounded by the running of cars or loco¬
motives on their Roads, respectively, and to regulate the
33
mode of proceeding in such cases; which was read first
time.
Mr. Murphy, of DeKalb, introduced a bill to repeal an
act entitled, An act to establish a general system of educa¬
tion by common schools, assented to 26th December, 1837.
Also—An act entitled, An act to amend an act to establish
a general system of education by common schools, assented
to 29th December, 1838.
And, also—To change the common school fund in the
State of Georgia to a poor school fund, and to provide for
distributing the same; which was read the first time, and
210 copies ordered to be printed for the use of the House.
Mr. Welborn introduced a bill to repeal an act entitled,
An act to alter and amend a part of the first section of the
third article of the Constitution of the State; which was read
the first time.
Also—A bill to prevent judgments awarded by any of the
Courts of this State from binding property until levied on by
virtue of the same ; which was read the first time.
Mr. White, of Pike, introduced a bill more effectually to
prevent the issuing and circulating of bills, notes, &c., under
the denomination of five dollars; which was read the first
time.
Also—A bill to incorporate Hebron Academy, in Pike
county, and to appoint trustees for the same; which was
read the first time.
Mr. Jones, of Franklin, introduced a bill to alter and
change the names of certain persons therein named, and to
legitimatize the same ; which was read the first time.
Mr. Hardage introduced a bill to regulate the compensa¬
tion of members of the General Assembly, and reduce and
regulate the salaries of certain officers therein named; which
was read the first time.
Mr. Warren introduced a bill to establish and fix the fees
of Sheriffs, Constables, and other officers, in certain cases ;
read first time.
Also—A bill to alter and change the names of certain
persons therein named, and to legitimatize the same ; read
first time.
Mr. Price introduced a bill to prevent the driving of cattle
from distempered parts or sections into the counties of Gil¬
mer, Union, Rabun, and Habersham ; read first time.
Mr. Barclay introduced a bill to alter and change the
name of Miriam Queen to that of Miriam Powell; read first
time.
Also—A bill to incorporate the Habersham Blues, and to
authorize His Excellency the Governor to furnish said volun¬
teer corps with sixty rifles; read first time.
Mr. Lynch introduced a bill to authorize the Sheriff of
Meriwether county to sell the State's interest in Lot of Land
3
34
Na. 23 m 11th District of formerly Troup, now Meriwether,
county ; read first time.
Mr. Crawford, of Sumter, introduced, a bill to incorporate
the Amerieus Camp Ground, in the county of Sumter, and
to appoint trustees for the same ; read first time.
Mr. Tanner introduced a bill to appropriate a sum of
money to defray the demands of Joshua Holden against the
State of Georgia, for property lost in the late Creek cam¬
paign of 1836 ; which Was read the first time.
Also-—A bill to cause the fine between the counties of
Walker and Dade to be run, and to provide for the payment
of the same; which was read the first time.
Mr. Dee introduced a bill to increase the jurisdiction of
the justice's courts of Georgia; which was read the first
time.
Mr. Chester introduced a bill to provide for the compilation
of the Militia Laws of this State ; which was read the first
time. ,
Mr. Beavers introduced a bill to authorize the Sheriffs,
clerk of Superior, Inferior and Ordinary Courts of the coun¬
ty of Campbell, to insert their advertisements in any of the
public gazettes in the Coweta Circuit; which was read the
first time.
Mr. Rodgers introduced a bill to compel the several Banks
of this State to pay specie for their bills, under certain pro¬
visions ; which was read the first time.
Mr. Carlton laid on the table the following Resolution :
Whereas, The creation of the office of a Geological Sur¬
veyor of this State, involves the State in an annual expendi¬
ture of several thousand dollars, without producing any
adequate advantage to the people thereof:
Be it therefore Resolved, hy the Senate and House of Reprc-
sentalives of the State of Georgia in General Assembly met, That
the said office of Geological Surveyor of this State be, and
the same is hereby abolished.
The following Resolution was offered by Mr. Toombs,- and
agreed to :
Resolved, That the Special Committee to whom were re¬
ferred the subjects of the repeal of the Central Bank charter,
and the devising ways and means for the speedy payment
of the public debt and the restoration of the public credit,
be discharged from the latter branch of the investigation ;
and that the same be referred to the Committee on Finance.
Mr. Martin, of Gwinnett, laid on the table the following
Resolution: '
Resolved, That the various recommendations of his Ex¬
cellency, the Governor, in his annual Message, be referred
to the Joint Standing Committees, so far as the same may
appertain to their respective duties.
The Speaker presented a Memorial from sundry citizens
135
of Richmond county, relative to the resumption of specie
payments by the Banks ; which, on motion, was referred to
the Committee on Banks.
The Speaker announced from the Chair the following as
Joint Standing Committees on the part of the House of
Representatives, and Select Committees for the consolidation
•of bills :
On the State off the Republic.—Messrs. Toombs, Robinson
of Jasper, Hardeman, Anderson of Chatham, Long, Hub¬
bard, King, Chipley, Howard, Roberts, Reynolds, O'Neal,
Fitzpatrick, Beavers, McComb, White of Jasper, Crutch-
field, Delauney, Meadows, Booth, Craft, Bell.
On Finance.—Messrs. Chappell, Stiles, Murphy of DeKalb,
Flournoy of Washington, Black, Harrison of Randolph, Craw¬
ford of Richmond, Foster, Toombs, Rodgers, Atkinson,
Maxwell, Rea, Whitfield, White of Pike, Robertson of Co¬
lumbia, Flournoy of Muscogee, Dixon of Talbot, Johnson
•of Troup, Liddle.
On the Judiciary i—Messrs. Crawford of Richmond, Millen,
Chappell, Hardeman, Flournoy of Washington, Stephens,
•Stiles, Toombs, Williams of "Talbot, Foster, Wales, Gath-
right, Murphy of DeKalb, Crawford of Sumter, King, Whit¬
field, Ford, Alexander, Green of Macon, Hotchkiss, Craw¬
ford of Oglethorpe, Barclay.
On Banks.—Messrs. Millen, Wales, Alexander, Brown of
Bibb, Shaw, Moore, Lefils, Crawford of Richmond, Barclay,
Evans, Hammond, Neal, Robinson of Laurens, Hampton,
Boothe, Wmgfield, Johnson of Troup, Dufour, Jones of
Monroe, Daniel of Green.
On Internal Improvements.—Messrs. Hardeman, Anderson
of Chatham, Richardson, Mulkey, Rodgers, Evans, Morris
of Murray, O'Neal, Bethea, Martin of Morgan, Morris of
Cobb, Sapp, Hudson, West, Bentley, Brown of Fayette,
Boynton, Davenport, Palmer, McComb, Howard, Pitts.
On Public Education and Free Schools.—Messrs. Stephens,
Hardman, Chappell, Walker, Hagerman, Criddle, Stroud
of Clarke, Sermans, Green of Macon, Stewart of Mcintosh,
Chapman, Atkinson, Crawford of Sumter, Wallace, Tanner,
Erwin, Shaw, Ashley, Espy, Dufour, Tarver, Hitchcock,
Collier. #
On the Penitentiary.—Messrs. Rodgers, Hatcher, Jones of
Harris, Franks, Mays of Cobb, Brown of Houston, Rhodes,
Cars well, Thomas, Davis, Stroud of Walton, Green of Pike,
Lowe, Preston, Dodson, Linder, Henington, Stone, Ellis,
Lawson, Taylor, Bryan of Houston.
On Military Affairs.—Messrs. Stewart of Mcintosh, Jones
of Columbia, Whigham of Marion, Hardage, Waldhour,
Turner, Wilson, Nixon, Warren, Trayler, Welborn, Wooten,
Cannon, Thompson, McCrimmon, McDuffie, Cook, Hines,
Webb, Lee, Covenah, Moon.
36
On Enrollment.—Messrs. Stone, Smith, Linder, Richard¬
son, Hall, Johnson of Heard, Hammond, Hudson, Lefils,
Maxwell, Reynolds, Farnall, Reeves, Black, Robertson of
Columbia, Jourdan,, Chester, Rea, Robinson of Laurens,
Burt.
On Petitions.—Messrs. Osborne, Bigham, Cutright, Shrop¬
shire, Darden of Warren, McMillen of Jackson, Hardy,
Parks, Bryan of Wayne, Sanford, Hendry, Read, Lynch,
Hudgins, Sumner, Emanuel, Mays of Warren, Chandler,
Dawson, Hunter, Lawson, Sanders.
On Public Printing.—Messrs. Stroud of Walton, Whig-
ham of Macon, Flournoy of Muscogee, Dixon of Walker,.
Mann of Tattnall, Darden of Troup, Green of Forsyth,
Harrison of Putnam, McMillen of Thomas, Sanders, Pitt-
man, Mitchell, Towles, Carlton, Moultrie, Williams of Har¬
ris, Johnson of Appling.
On Engrossing Journals.—Messrs. Darden of Warren,
Barclay, Meadows, Ford of Cherokee, Harris, Martin of
Gwinnett, Anderson of Franklin, Dark, Hall, McGahagan.
On Privileges and Elections.—Messrs. Murphy of DeKalb,
Keaton, Daniel of Thomas, Hibbert, Mann of Morgan,
Sheffield, McCall, McMath, Stuart of Ware,, Whitworth,
Murphy of Wilkinson, Carrol, Thomas, Pettee, Hampton,
Jones of Troup, Williams of Bulloch, Pryor, Sumner,
Palmer, Anderson of Warren, Loyall.
COMMITTEES TO CONSOLIDATE BILLS.
On Pills to Incorporate Churches.—Messrs. Hudson, Atkin¬
son, Roberts, Brown of Houston, Wingfield.
On Bills to Incorporate Academies.—Messrs. Anderson of
Chatham, Hubbard, Fitzpatrick, Dufour, Thomas.
On Bills to establish, change, and abolish Precincts.—Messrs.
Black, Hardage, Hotchkiss, Ford of Lee, Green of Macon.
On Bills to change names and legitimatize persons.—Messrs.
Gathright, Alexander, West, Hall, Howard.
On Bills to confer the privilege of Practising Law.—Messrs.
Flournoy of Washington, Moore, Harrison of Randolph,
Barclay.
On Bills to compensate Grand and Petit Jurors.—Messrs.
Lefils, Reynolds, Crawford of Oglethorpe, Liddle, Lee.
The following bills were severally read the second time,
and referred to a Committee of the whole House, to- wit:
A bill to prohibit persons from driving or bringing any
cattle or oxen from any of the distempered parts of this
State, or any other State, into the county of Cherokee, under
certain conditions and penalties.
A bill to compel the several incorporated Banks of this
State to redeem their notes or bills with specie.
A bill to collect in the funds hitherto set apart and appro¬
priated to the improvement of the Ogeechee River, and to
deposit the same in the Central Bank.
A bill to repeal an act entitled An act to establish a gen¬
eral system of Education by common schools, passed 26th
December, 1837. Also—An act amendatory thereto, passed
27th December, 1838.
A bill to compel the several Banks of this State to redeem
their respective liabilities in specie, and to provide for the
forfeiture of the charter or charters of such as may refuse.
A bill to authorize the Sheriffs of Troup county to adver¬
tise their sales in some one of the public gazettes in Columbus.
A bill to extend the time to fortunate drawers for taking
■out their grants in the counties of originally Appling, Early,
Irwin, Hall. Habersham, Walton, Gwinnett, and Rabun,
and for other purposes.
A bill to repeal the second and third sections of an act
•entitled An act to appoint eleven additional trustees of the
University of Georgia, and to provide a permanent addition¬
al fund for the support of the same, and for ether purposes.
A bill to repeal an act to organize the office of Adjutant
General -of the State of Georgia, passed the 28th December,
1836.
A bill to extend the time for fortunate drawers in the
counties of Appling, Early, Irwin, Hall, Habersham, Wal¬
ton, Gwinnett, and Rabun, to take out their grants; and
reduce the fees of the same.
A bill to repeal an act further to regulate the granting of
retail licence and sale of spirituous liquors, assented to on
the 29th December, 1838.
A bill to alter and amend the ninth section of the Ju¬
diciary act of 1799, and the first section of an act relative to
executions, passed December 14th, 1811.
A bill to amend an act entitled An act to establish a tri¬
bunal for the trial of slaves within this State, passed 16th
December, 1811—So far as relates to the county of Mcintosh.
A bill to repeal so much of the third section of an act
passed the 24th December, 1835, entitled An act to alter
and amend an act to change the names of certain persons
therein mentioned, and to legitimatize those persons whose
names are so changed, as far as relates to the legitimatizing
and investing Caroline Amanda Tuttle, formerly Caroline
Amanda Graham, with the rights and privileges of an heir
at law of her reputed father, James Tuttle, of Scriven
county.
A bill for the relief of the Sheriff and Jailor of the coun¬
ty of Cobb. ....
A bill to dispose of the ungranted lands lying m the coun¬
ties of originally Early, Irwin and Appling.
3&
A bill to change the time of holding the Superior Courts
of the Cherokee Circuit, so far as relates to the counties of
Union, Gilmer, Murray, Walker and Floyd.
The bill to admit Leonard C. Simpson to plead and prac¬
tice law in the several courts of law and equity in this State,,
and to prescribe his liability ; which was referred to the
Committee for Consolidating Bills, to admit persons to plead
and practice law.
The bill to- point out the tribunal and mode lor the trial of
questions of citizenship in certain cases, and to declare what
shall be evidence in the same, was read the second time,,
and referred to the Committee on the Judiciary.
The bill to prevent the depreciation of bank paper, was
read the second time, and referred to the Committee on
Banks.
The bill to appropriate money to pay for the teaching of
poor children, for the year 1838, was read the second time,
and referred to the Committee on Public Education and
Free Schools.
The following bills were severally read a second time, and
referred to the Committee lor Consolidating Bills to incorpo¬
rate Churches.
A bill to incorporate the Methodist Episcopal Camp-
Ground, known as the Boiling Spring Camp-Ground in the
county of Union.
A bill to incorporate the Baptist Church, at Big Creek, in
Clark county, and appoint trustees for the same.
A bill to incorporate the Baptist Meeting-House, known
as Wade's Meeting-House,, in the county of Scriven, and to
appoint trustees for the same.
The following bills were severally read the second time,
and referred to the Committee for Consolidating Bills ta
change the names of persons, to wit
A bill to change the names of Sarah Carroll', and Emily
Jane Carroll, to that of Sarah Rouse, and Emily Jane Rouse,
and to legitimatize the same.
A bill to legitimatize and change the name of Samuel
Thomas Thomas, to that of Samuel Thomas Oweings.
The following message was received from the Senate, by
Mr. Bailey, their Secretary, to wit:
Mr. Speaker: The Senate has agreed to a resolution set¬
ting apart the hour of 11 o'clock, A. M., to-morrow, for the
election of a Major General of the 13th Division G. M.; also,
a Brigadier General in said Division ;—to which the Senate
desires the concurrence of the House of Representatives.
The following message was received from his Excellency
the Governor, by his Secretary, Mr. Home :
39
Executive Department, ")
Milledgeville, 6th Nov., 1840. $
I have the honor to transmit to the General Assembly a
copy of the letter of General Charles H. Nelson, resigning
his commission of Major General of the 12th Division.
charles J. Mcdonald.
The following message was received from his Excellency
the Governor, by Mr. Home, his Secretary; and, on motion,
was referred to the Committee on the State of the Republic :
Executive Department, )
Milledgeville, 6th Nov., 1840. )
I have the honor to lay before the Legislature a Preamble
and Resolutions relative to the demand made by the Execu¬
tive of Virginia upon the Executive of New York for the sur¬
render of three fugitives from justice. These proceedings re¬
late to a subject vitally interesting to the whole Union, in¬
volving its peace, and perhaps its integrity. It cannot be
disguised that people, bound by all the ties of country and
constitutional obligation to feel and resent an injury to the
humblest citizen or his propert}'", are forming foreign allien-
ces to commit unprovoked aggressions on both. They cover
their wicked designs with pretences of philanthropy and re¬
ligion, and are artfully uniting their interest with those of a
powerful political party to give force and effect to their princi¬
ples. All who properly appreciate the blessings of free
government, will join in resisting their unwarrantable efforts.
The State of Virginia, in her particular case, recommends
the Governor to renew his correspondence with the Execu¬
tive of New York, requesting a review of the grounds taken
by him; and that he will urge the consideration of the sub¬
ject upon the Legislature of that State; but proposes no
definite ultimate measure of redress. It is feared that little
is to be hoped from an Executive officer who denies the right
of a State to protect the property of its citizens by penal
enactments ,* or from a Legislature which has already passed
an act to frustrate the wise provisions of the constitution and
laws by which a citizen of one State may recoyer property
that has escaped into another. The moderation of Virginia
musf command the approyal of all; and whatever course
she may deem it her duty to pursue, hereafter, in the prose¬
cution or vindication of her rights, she will have the co¬
operation of Georgia.
I will take this occasion to remark, that the mode of exe¬
cuting that part of the Constitution of the United States
which relates to the arrest and delivery of fugitives from
justice, should not be permitted to remain longer in doubt.
It should be settled. Until this is done, the occurrence of
each new case will give rise to fresh difficulties, and the
40
harmony of the States will be subject to perpetual disturb¬
ance. It is clear that the existing law is wholly inefficient
for that purpose. The right to demand, and the indispensa¬
ble obligation to deliver, are created by the Constitution
alone. The plan proposed by the General Assembly of
Georgia, at its last session, appears to be fraught with fewer
objections than any yet suggested. It requires the party on
whom the obligation rests to perform the duty.
I regret that the papers now communicated, did not reach
me in time to have submitted them to you at an earlier
period. CHARLES J. McDONALD.
The following Resolution from the Senate was taken up,
read, amended, and concurred in, to wit:
Resolved, That both branches of the General Assembly
will convene in the Representative Chamber, on to-morrow,
at 11 o'clock, A. M., for the purpose of electing a Major
General of the 13th Division G. M.,—a Brigadier General
of the 1st Brigade of said Division,—also, a Brigadier Gen¬
eral of the 2d Brigade, 2d Division, G. M.
The following message was received from the Senate, by
Mr. Bailey, their Secretary, to wit:
Mr. Speaker: The Senate has passed the following Bills,
to wit:
A bill to legalize the adjournment of the Superior Courts
for the counties of Thomas and Bulloch, and to change the
time of holding the same.
A bill to authorize the returns of Sheriffs, Constables,
Coroners and Justices of the Peace, to be traversed, and to
point out the manner in which the same shall be made.
The following bills of the Senate were severally read the
first time, to wit:
A bill to legalize the adjournment of the Superior Court,
for the counties of Thomas and Bulloch.
A bill to authorize the return of Sheriffs, Constables, Coro¬
ners, and Justices of the Peace, to be traversed, and to point
out the manner in which the same shall be made.
The House then adjourned until to-morrow, 10 o'clock*
TUESDAY, November 10, 1840*
The House took up the report of the committee of the
whole, on the bill to prohibit persons from driving or bring-
41
ing any cattle or oxen, from any of the distempered parts of
this State, or any other State, into the county of Cherokee,
under certain conditions and penalties.
The report was a.greed to ; the bill read the third time,
and lost.
Mr. Toombs offered the following resolution, which was
read and agreed to.
Resolved, That all the bills introduced into this House,
touching the resumption of specie payments by the banks of
this State, be referred to the Committee on Banks.
The House took up the report of the committee of the
whole, on the bill to repeal an act, to organize the office of
Adjutant General of the State of Georgia, passed on the
28th December, 1836.
The report was agreed to, the bill read the third time ; and
on the question, "Shall this bilf now pass?" the yeas and
nays were ordered to be recorded; and are yeas 92, nays 85.
Those who voted in the affirmative, are Messrs.
Anderson, of F rank-Gathright, Moultrie,
lin, Green, of Forsyth, Murphey,ofDeKalb
Atkinson, Green, of Pike, Murphey, of Wilkin-
Barclay, Hammond, son,
Beavers, Hardage, Neal,
Bethea, Harrison,ofPutnam,Nixon,
Boothe, Harris, Osborne,
Brown, of Fayette, Hatcher, Palmer,
Bryan, of Wayne, Hines, Parks,
Carlton, Howard, Pettee,
Carroll, Hudgins, Pitts,
Chandler, Hunter, Price,
Collier, Johnson, of Appling,Roberts,
Craft, Jones, of Franklin, Robertson,of Colum-
Crawford, of Ogle- Jones, of Harris, bia,
thorpe, Keaton, Robinson, of Jasper,
Credille, Lawson, Rodgers,
Crutchfield, Lee, Sanders,
Daniel, of Greene, Lefils, Sanford,
Dark, Long, Shropshire,
Davenport, Lynch, Smith,
Dawson, Mays, of Cobb, Stewart, of Mcln-
Dickson, of Talbot, McCrimmon, tosh,
Ellis, McDuffie, Stuart, of Ware,
Emanuel, McMillen, of Jack- Sumner,
Erwin, son, Tanner,
Espy, Meadows, Tarver,
Farnall, Mitchell, Thompson,
Fitzpatrick, Moon, Towles,
Flournoy, of Wash- Morris, of Cobb, Trayler,
ington, Morris, of Murray, Turner,
42
Walker, Welborne, Williams, of Harris,
Webb, White, of Pike, Williams, of ialbot,
Those who voted in the negative, are Messrs.
Alexander, Hagerman, O'Neal,
Anderson, of Chat- Hampton, Pitman,
ham, Hardeman, Preston,
Anderson, of Warr'nHardman, Pryor,
Ashley, Hardy, Rea,
Bell, Harrison, of Ran- Read',
Bentley, dolph, Reynolds,
Black, Hibbert, Rhodes,
Boynton, Hitchcock, Robinson, of Laur'ns
Brown, of Bibb, Hubbard, Sapp,
Brown, of Houston, Hudson, Sermons,
Bryan, of Houston, Johnson, of Heard, Shaw,
Burt, Johnson, of Troup, Sheffield,
Covenah, Jones, of Columbia, Stiles,
Chapman, Jones, of Monroe, Stone,
Chester, Liddle, Stroud, of Clark,
Chipley, Linder, Taylor,
Crawford, ofSumterLowe, Thomas,
Cutright,. Loyall, Toombs,
Daniel, of Thomas, Mann, of Morgan, Waldhour,
Darden, of Troup, Mann, of Tattnall, Warren,
Darden, of Warren,Martin, of Morgan,- West,
Davis, Maxwell, Whigham, ofMari'n
Delauney, Mayes, of Warren, White, of Jasper,
Flournoy, of Musco-McGahagan, Whitworth,
gee, McMath, Williams, ofBullo'h,
Ford, of Lee, McMlllian,of Tho's. Wilson,
Foster, Millen, Wingfield,
.Franks, Moore, Wooten,
Greene, of Macon,
The House took up the report of the committee of the
whole, on the bill to authorise the Sheriffs of Troup County,
to advertise their sales in some one of the public gazettes in
Columbus, Georgia.
The report was agreed to, the bill read the third time,
and passed, under the title thereof.
The following message was received from his Excellency,
the Governor, by Mr. Home, his Secretary.
Executive Department, )
Milledgeville, Nov. 10th, 1840. J
I have the honor to transmit to the General Assembly, the
letter of Brigadier General William Ezzard, resigning the
command of the first brigade, eleventh division, of the
mUitia of this State.
[Signed,] CHARLES J. McDONALD.
43
Which was read, and ordered to lie on the table for the
present.
The following message was received from the Senate, by
Mr. Bailey, their Secretary, to wit:
Mr. Speaker : The Senate have passed the following bills,
to wit:
A bill to alter and amend the road laws of this State, so
far as relates to the county of Montgomery.
Also—A bill to compensate grand and petit jurors in the
county of Ware, and to authorise the Inferior Court of said
county, to levy an extra tax to pay said jurors.
Also—Have concurred in the amendment of the House of
Representatives, to the resolution of the Senate, bringing on
certain military elections, this day, at 11 o'clock.
The hour set apart for certain military elections, having
arrived, the Clerk was directed to inform the Senate, that
the House of Representatives was ready to receive them in
their chamber, to proceed to said elections; which duty
being performed, the President and members of the Senate
attended, and the General Assembly proceeded to the elec-
of a Major General, for the thirteenth division, Georgia
Militia; and the ballots being received and examined, it
appeared that Thomas E. Blackshear, was duly elected.
They then proceeded to the election of a Brigadier Gen¬
eral, for the first brigade, thirteenth division, Georgia Militia;
and the ballots being received and examined, Brockman W.
Henderson, was declared duly elected.
They next proceeded to the election of a Brigadier Gen¬
eral, for the second brigade, second division, Georgia Militia;
and the ballots being received and examined, Thomas J.
Warthen, was declared duly elected.
The President and Senate then withdrew, and the House
adjourned, to 10 o'clock, Thursday morning.
THURSDAY, November 12, 1840.
Mr. Hunter moved to reconsider so much of the journal
of Tuesday, as relates to the rejection of the bill to prohibit
persons driving or bringing any cattle or oxen from any of
the distempered parts of this State, or any other State, into
the county of Cherokee. The House refused to reconsider.
Mr. Foster moved to reconsider so much of the journal
of the House, for Tuesday last, as relates to the passage of
the bill for the repeal of a law, appointing an Adjutant Gen¬
eral and Assistant Adjutant General of this State. The
House agreed to reconsider.
44
Mr. Booth asked leave of absence for a few days, on ac¬
count of indisposition of his family; which was granted.
Also—Leave of absence was granted to Messrs. Fitz-
patrick, Lowe, and Toombs, for a few days, on special
business.
Mr. Foster introduced a bill to amend the second section
of an act, entitled an act, for the better protection of orphans,
and their estates, passed on the 18th day of February, 1799,
approved on the 22nd day of December, 1828 ; which was
read the first time.
Mr* Whitfield introduced a bill to remit a forfeiture, in¬
curred by Thomas McGrifF, Hillary Henderson, and Jacob
Watson, on a bond conditioned for the abearance of Daniel
J. Thomas, at the Superior Court of Lee County, upon cer¬
tain conditions therein specified; which was read the first time.
Mr. Bryan introduced a bill, requiring the Sheriff of Hous¬
ton County, to advertise his sales, in the Macon Messenger
and Georgia Telegraph, printed in the city of Macon ; which
was read the first time.
Also'—A bill to compel persons living out of the county of
Houston, who own property taxable therein, to pay the tax
on said property, in said county of Houston; which was
read the first time.
Mr. Welborn introduced a bill, entitled an act, to extend
the stay of executions in this State; which was read the
first time.
Mr. Johnson of Appling, introduced a bill to reduce the
sheriff's and constables fees in certain cases, so far as relates
to the county of Appling; which was read first time.
Mr. Hammond introduced a bill to pardon Jackson Mahon,
of Baldwin County; which was read the first time, and two
hundred and ten copies of the petition for his pardon, and
evidence adduced on the trial, ordered to be printed.
Mr. McComb introduced a bill to repeal an act, further
amendatory of the several acts, incorporating the city of
Milledgeville, passed in the years of 1836 and 1837, so far
as to define the mode of electing the Clerk and Marshal;
which was read the first time.
Mr. Murphey, of DeKalb, introduced a bill to add an
additional section to the eighth chapter of the penal code of
the State of Georgia, and to provide for the punishment of
free white persons, for receiving stolen goods from negroes
and free persons of color; which was read the first time,
Mr. Shropshire introduced a bill to repeal so much of an
act, passed the 25th December, 1837, as relates to the con¬
solidation of the offices of tax collector and receiver of tax
returns, of the county of Floyd; which was read the first time.
Mr. Credille introduced a bill to establish an additional
election precinct in the county of Greene ; which was read
he first time.
45
Mr. Green, of Macon, introduced a bill to repeal an act,
assented to, December 28th, 1838, to compensate grand and
petit jurors of the county of Macon, and to compensate the
grand and petit jurors of the county of Jones, so far as re¬
lates to the county of Macon; which was read the first time.
Also—A bill to authorise the Justices of the Inferior Court
of Macon County, to levy an extra tax for the year 1840 ;
which was read the first time.
Mr. Hardage introduced a bill to extend the time for for¬
tunate drawers in the several land lotteries, from the year
1818, to the present time. Also—for the gold districts in
the Cherokee country, to take out their grants; which was
read the first time.
Mr. Dawson introduced a bill to compel the tax collector,
to pay in the tax collected by him, to the county Treasurer
of Heard county ; which was read the first time.
Mr. Brown introduced a bill to require foreigners or aliens
by birth, to produce proof of naturalization; which was read
the first time.
Mr. Taylor introduced a bill to amend an act relating to
usurious contracts, assented to, December 23d, 1822 ; which
was read the first time.
Mr. Wales presented a petition for the relief of William
C. Osborn ; which, on motion, was referred to a select com¬
mittee, consisting of Messrs. Wales, Jones, of Harris, and
Flournoy, of Muscogee.
The following message was received from the Senate, by
Mr. Bailey, their Secretary.
Mr. Speaker : The Senate has passed a bill to authorise
the Justices of the Peace of the several districts within the
corporate limits of the city of Macon, Bibb County, to hold
their courts in the court-house of said county, and for other
purposes.
They have also agreed to a resolution authorising the Sec¬
retary of State and Surveyor General, to employ Assistant
Clerks in their respective departments, during the present
session of the Legislature.
To which, the Senate desires the concurrence of the
House of Representatives.
The Senate have also appointed the following Joint Stand¬
ing Committees, to wit:
On the State of the Republic.—Messrs. Calhoun, Miller,
Echols, of Walton, Gordon, Floyd, Adams, Spencer, Graves,
Dawson, McAfee, Reid, Bishop, and Stapleton.
On Finance.—Messrs. Beall, Williamson, Bostwick,
Thomas, Dunagan, Glover, Vincent, Echols, of Coweta,
Haris, of Burke, Harris, of Warren, Hopkins, Beasley, and
Cox.
On the Judiciary.—Messrs. Williamson, Jones, Thompson,
46
Gonder, Goode, Moore, Kennon, Blackshear, Calbertson,
Griggs, Chastain, Knight, and Heflin.
On Banks.—Messrs. Miller, McDonald, Smead, Smith, of
Twiggs, Jones, Neal, Watters, Holmes, of Houston, Reeves,
Bryan, of Stewart, Anderson, Bulloch, and Graham.
On Internal Improvement.—Messrs. Gordon, Calhoun,
Bishop, Stapleton, Hamilton, Tomlinson, Lindsay, Warthen,
Christian, Wiggins, Diamond, Connor, and Bryant, of
Macon. ^ '
On the Penitentiary.—Messrs. Dunagan, Williams, Graves,
Wright, Boggess, Godard, Walker, Strickland, of Tatnall,
Crosby, Harris, of Taliaferro, Kimzey, Moore, Creech,
Mays, and Fryer.
On Printing.—Messrs. Kennon, Morris, Loveless, Fryer,
Strickland, of Ware, Speight, Spencer, Beasley, Camp,
Minter, Rainey, Griggs, and Young.
On Public Education, and Free Schools.—Messrs. Floyd,
Adams, Dawson, McAfee, Harris, of Burke, Gonder, Wald-
hour, Hammond, Goode, Robertson, Smead, Smith, of
Bryan, Jameson, and Janes.
On Military.—Messrs. Echols, of Walton, Warthen, Cone,
Holmes, of Baker, Bulloch, Thomas, McConnell, Glover,
Henley, Knight, Cox, Cameron, Vincent, and Swain.
The Senate have also concurred with the House of Rep¬
resentatives, in the resolution bringing on the election of a
State Printer, this day, at 11 o'clock, with an amendment, to
which they desire the concurrence of the House of Repre¬
sentatives.
Mr. Hardeman presented the report and vouchers of the
commissioner of the indigent deaf and dumb, of this State,
for the year 1840 ; which were referred to a select com¬
mittee, consisting of Messrs. Hardeman, Stone, and Ham¬
mond.
Mr. Ashley asked and obtained leave of absence for a few
days, on special business.
Mr. Alexander presented the memorial of the Western
Insurance and Trust Company of the city of Columbus;
which, on motion, was referred to the Committee on Banks.
Mr. Stephens presented a petition from sundry citizens of
the counties of Hall, Habersham, Jackson, and Franklin,
praying for a new county ; which was, on motion, referred
to a select committee, consisting of Messrs. Stephens,
Thompson, Wales, McMillen, of Jackson, and Jones, of
Franklin.
Mr. Mann, of Tattnall, offered the following resolution i
Resolved, That his Excellency, the Governor, be requested,
to have furnished, to a troop of horse, known as the Tattnall
Guards, sixty swords and sixty pistols, for the use of said
company, upon the Captain giving bond and security for the
preservation and return of said arms, when required.
47
Mr. Johnson, of Troup, presented a petition from sundry
citizens of Troup County, for the relief of Edmund McCub-
bins ; which was, on motion, referred to the Committee on
Petitions, without being read.
Mr. Osborne offered the following resolution:
Resolved, That the Clerk carry all bills and resolutions
acted on in this House, and which must go to the Senate
forthwith, unless otherwise ordered by the House ; which
was read.
On motion, the rules of the House were suspended, for
the purpose of taking up the resolutions offered by Mr.
Flournoy, of Washington, on the fourth instant; and on the
motion to make them the special order of the day for Tues¬
day next, and to print three hundred copies for the use of
the House.
Mr. Stephens moved a postponement of the whole ques¬
tion for the present; which was carried.
Mr. Jordan asked and obtained leave of absence for a
few days, on special business.
The report and accompanying documents of the Commis¬
sioners of the Western and Atlantic Rail Road, were pre¬
sented by the Speaker; and, on motion, referred to the
Committee on Internal Improvement.
The following message was received from his Excellency,
the Governor, by Mr. Harris, his Secretary, to wit:
Mr. Speaker: His Excellency, the Governor, has ap¬
proved and signed a resolution of the House, bringing on
the election of State Printer and a Brigadier General, this day,
at 11 o'clock.
On motion, the Clerk was directed to inform the Senate,
that the House of Representatives were now ready to re¬
ceive them in their chamber, for the purpose of proceeding
to the elections set apart for this day, to wit: to the election
of State Printer, and the election of a Brigadier General, of
the first brigade, eleventh division, Georgia Militia; which
duty being performed, the President and members of the
Senate attended, and proceeded to the election of State
Printer: and several ineffectual ballotings being had, the
President and .members of the Senate withdrew, and the
House adjourned until 10 o'clock, to-morrow morning.
FRIDAY, November 13th, 1840.
Leave of absence was granted to Mr. Franks, and Mr.
Harrison, of Randolph, for a few days, on special business.
John G. McCall, a member elect from the county of Tel-
48
fair, appeared, produced his credentials, and having taken
the oath prescribed by the Constitution ol this State, and to
support the Constitution of the United States, took his seat.
On motion, Resolved, That the Clerk inform the Senate
that the House of Representatives are now ready to receive
them in the Representative Chamber, for the purpose of pro¬
ceeding to the unfinished business of yesterday, to wit: the
election of State Printer, and the election of a Brigadier
General for the 1st Brigade, 11th Division, G. M.,—which
duty being performed, the following message was received
from the Senate, by Mr. Bailey, their Secretary:
Mr. Speaker: I am directed to inform the House of Repre¬
sentatives that the Senate respectfully declines the invitation
of this branch of the General Assembly, for the meeting of
both branches thereof, for the purpose of proceeding to the
elections set apart for this day, to wit: the election of State
Printer, also the election of a Brigadier General;—and that
the Senate will inform the House of Representatives, at a
future day, when it shall be their pleasure to proceed to said
elections.
Mr. Flournoy, of Washington, moved to suspend the order
of the day, for the purpose of taking up his resolutions in¬
structing our Senators and requesting our Representatives
in Congress to use their efforts in favor of a repeal of the
Sub-Treasury Act:
Upon which motion, the yeas and nays were required to
be recorded; and are, Yeas 107, Nays 73.
Those who voted in the affirmative, are Messrs.
Alexander, Crawford, of Sum- Greene, of Macon,
Anderson, of War- ter, Hagerman,
ren, Credille, Hall,
Barclay, Cutright, Hampton,
Bell, Daniel, of Greene, Hardeman,
Bentley, Daniel, of Thomas, Harrison, of Putnam
Bethea, Darden, of Troup, Hines,
Bigham, Darden, of Warren, Hitchcock,
Boynton, Davenport, Hotchkiss,
Brown, of Bibb, Davis, Hubbard,
Brown, of Houston,Delauney, Johnson, of Appling,
Bryan, of Houston, Dodson, Johnson, of Troup,
-Burt' Emanuel, Jones, of Columbia,
Chappell, Erwin, jones, of Harris,
Chester, Flournoy, of Wash-Jones, of Monroe,
Chipley, mgton, King,
Cooke, Foster, Lawson,
Craft, Franks, Linder,
Crawford, of Ogle-Gathright, Long,
thorpe, Green, of Forsyth, Loyall,
49
Lynch-, Osborne,
Mann, of Morgan, Parks,
Mann, of Tattnall, Pitman,
Martin, of Morgan, Preston,
Martin, of Gwinnett,Price,
Maxwell, Rea,
May, of Warren, Reeves,
McCall, Reynolds,
McCrimmon, Rhodes,
McGahagan, Robertson,
McMath, lumbia,
McMillian, of Robinson,
Thomas, rens,
Meadows, Sapp,
Moore, Sermons,
Morris, of Cobb, Shaw,
Moultrie, Stephens,
O'Neal,
Stuart, of Ware,
Stiles,
Stroud, of Clark,
Taylor,
Thomas,
Trayler,
Waldhour,
Wales,
Walker,
of Co-Warren,
West,
of Lau-Whigham, ofMarion
White, of Jasper,
Whitworth,
Williams, of Harris,
Williams, of Talbot,
Wingfield,
Ste wart,of Mcintosh, Wooten.
Those who voted in the negative, are Messrs.
Anderson, of Ghat- Harrison, of Ran- Nixon,
ham, dolph,
Anderson, of Frank-Harris,
lin, Hatcher,
Beavers, Hendry,
Black, Hibbert,
Brown, of Fayette, Howard,
Bryan, of Wayne, Hudgins,
Hunter,
Carlton,
Connon,
Carroll,
Covenah,
Chandler,
Chapman,
Collier,
Crutchfield,
Bark,
Bawson,
Bixon, of Walker,
Bufour,
Ellis,
Espy,
F arnall,
Green, of Pike,
Hammond,
Palmer,
Pitts,
Pryor,
Read,
Roberts,
Robinson, of Jasper,
Rodgers,
Sanders,
Johnson, of Heard, Sanford,
Jones, of Franklin, Sheffield,
Keaton, Shropshire,
Lee, Smith,
Lefils, Stone,
Mays, of Cobb, Stroud, of Walton,1
McDuffie, Sumner,
McMillen, of Jack-Tanner,
son, Tarver,
Millen, Thompson,
Mitchell, Towles,
Moon, Turner,
Morris, of Murray, Webb,
Murphey, of BeKalbWelborne,
Murphey, of Wilkin-White, of Pike,
son, Williams, of Bulloch
Neal, Wilson.
Hardage,
So the House agreed to suspend the order for the purpose
named.
Mr. Roberts moved to postpone the Resolutions until the
1st day of June next; upon which motion, the yeas and
nays were required to be recorded, and are, Yeas 78, Nays-
97.
Those voting affirmatively, are Messrs.
Anderson, of Chat-Hardage, JNeal,
ham, Harris, of Walton, Nixon,
Anderson, of Frank-Hatcher, Paimer,
fin, Hibbert, Pettee,
Atkinson, Hotchkiss, Pitts,
Barclay, Howard, Price,
Beavers, Hudgins, Read,
Bryan, of Wayne, Hunter, Roberts,
Carlton, Johnson, of Appling,Robinson, of Jasper,
Cannon, Jones, of Franklin, Rodgers,
Carroll, Keaton, Sanders,
Chandler, Lawson, Sanford,
Collier, Lefils, Sheffield,
Crutchfield, Liddell, Shropshire,
Dark, Mays, of Cobb, Smith,
Dawson, McDuffie, Stiles,
Dickson, of Talbot, McMillen, of Jack-Stone,
Dixon, of Walker, son, Stroud, of Walton,
Dufour, Millen, Sumner,
Ellis, Mitchell, Tanner,
Erwin, Moon, Thompson,
Espy, Morris, of Cobb, Towles,
Farnall, Morris, of Murray, Webb,
Gathright, Moultrie, Welboroe,
Green, of Forsyth, Murphey, ofDeKalbWhite, of Pike,
Green, of Pike, Murphey, of Wilkin-Williams, of Bulloch
Hall, son, Wilson.
Hammond,
Those voting negatively, are Messrs.
Alexander, Chester, Dodson,
Anderson, of War- Chipley, Emanuel,
ren, Cooke, Flournoy, of Mus-
Be-11, Craft, cogee,
Bentley, Crawford, of Ogle-Flournoy, of Wash-
Bethea, thorpe. inoton,
Bigham, Crawford,of Sumter Foster,
Black, Credille, p ranks,
Boynton, Cutright, Greene, of Macon,
Brown, of Bibb, Daniel, of Greene, Hampton,
Brown, of Houston, Darden, of Troup, Hardeman,
Burt, Darden, of Warren, Hardy,
Covenah, Davenport, Harrison, of Putnam
Chapman, Davis, Harrison, of Ran-
Chappell, Delauney, dolph,
£1
Hendry, McCall,
Hines, McCrimmon,
Hitchcock, McGahagan,
Hubbard, McMath,
Johnson, of Heard, McMillian, of
Johnson, of Troup, Thomas,
Jones, of Columbia,Meadows,
Jones, of Harris, Moore,
Jones, of Monroe, O'Neal,
King, Parks,
Linder, Pitman,
Kong, Preston,
Loyall, Rea,
Lynch, Reeves,
Mann, of Morgan, Reynolds,
Mann, of Tattnall, Rhodes,
Martin, of Morgan, Robertson, of Co-
Martin, of Gwinnett, lumbia,
Maxwell, Robinson, of Lau-
May, of Warren, rens,
Sapp,
Sermons,
Shaw,
Stuart, of Ware,
Stroud, of Clark,
Taylor,
Thomas,
Trayler,
Waldhour,
Wales,
Walker,
Warren,
West,
Whigham, of Marion
White, of Jasper,
Whitworth,
Williams, of Harris,
Williams, of Talbot,
Wingfield,
Wooten.
So the House refused to postpone.
Mr. Flournoy then moved to make the Resolutions the
special order of the day for Wednesday next ; which was
agreed to.
On motion, the rule was suspended, for the purpose of
taking up the bill of Senate, to legalize the adjournment of
the Superior Court of the county of Thomas, and to change
the time of holding the Superior Court of Bulloch county.
The bill was read the second time, and referred to a com¬
mittee of the whole House.
Mr. Howard introduced a bill to change the election pre¬
cinct in Rutland's District, in the county of Bibb; which
was read the first time.
Mr. Roberts introduced a bill to appropriate money for the
expenses of the political year 1841; which was read the
first time.
Mr. Green, of Forsyth, introduced a bill to create an ad¬
ditional election precinct in the county of Forsyth; which
was read the first time.
Mr. Barclay introduced the following Preamble and Reso¬
lutions against the Banking system :
Whereas, The Legislature of this State, by various enact¬
ments, have heretofore granted to a number of companies in
this State, charters, authorizing them, in the capacity of cor¬
porations, to carry on the business of banking, under certain
restrictions, limitations and conditions. By reason of which
said several enactments by former Legislatures, said incor¬
porated banking companies have monopolized and do actually
control the currency of the country and its mercantile ope-
52:
rations; and by their said charters they were authorized to
issue an amount of bank notes beyond the amount of specie'
in their vaults, by reason of which property has risen in its-
estimated value in proportion to the apparent quantity of mon¬
ey, and many good citizens have involved themselves for the
purchase of property at advanced prices, which cannot be
sustained on account of the great contraction of the circula¬
tion of said bank notes, and the insufficiency of specie in the
country : And whereas, also, said Banks, or many of them,,
have refused to redeem their said notes, by reason of which
they have depreciated in value, and can no longer fully
answer the purpose of money, as was the intention of the
Legislature when said charters were granted, in consequence
of which many of the good citizens of this State have been
circumvented, and led into wild and improvident purchases
of property at prices far beyond what can be sustained by
the true and sound currency of the country: And whereas,
also, The system of banking, as heretofore adopted, has a
tendency to make the people subservient to. said banking com¬
panies, and ultimately to give them the government of the
people; and while the present Legislature disclaim any in¬
tention to interfere with any rights legitimately vested, or to
interfere with any contracts which have been fairly and
bona-fide made in good faith, and according to the great and
fundamental rules of right; yet we hold it a duty incumbent
on us, to express our opinions of the evik of the banking
system in such form and under such sanction as may ensure
the subject the serious, calm, and dispassionate consideration
of the people, its vital importance at this juncture most im¬
periously demands-:
1st. Resolved, therefore, in the opinion of this General Assembly,
That any species of Legislation, either of the General or
State Governments, that has a tendency, directly or indirect¬
ly, to destroy the relative proportions of value between the
constitutional currency of the country and its labor and pro¬
ductions, by substituting and recognizing the credits of bank¬
ing institutions as equivalent to gold and silver money, is
unwise, impolitic and inexpedient.
* 2nd. Resolved, That gold and silver money is the only
universal and permanent medium of exchange known to the
civilized world; and that bank paper is local in its circulation,
and fluctuating in its value, and therefore an unsafe and in¬
sufficient standard by which to estimate the value of the
labor and products of a country.
3rd. Resolved, That the difference in quantity between the
gold and silver of those countries that have embarked in
banking, and their bank issues, keep the value of property
continually vibrating between the fixed and acknowledged
standard of value on the one hand, and the fluctuating and
,vr.stab]e standard of bank credits on the other. b
-53
4th. Resolved, That the value of -property should be regu¬
lated by the demand for it in gold and silver the principal-,
tand not by bank notes purporting to represent that principal.
5th. Resolved, That (bank issues increase the liabilities of
-stockholders, the indebtedness of the people, and the price
-of property as compared with the eredit of the banks, with¬
out any increase ef gold and silver to redeem them, or sus¬
tain the unnatural and bloated prices they have given to it.
Q>th. Resolved, That the extension of individual or* banking
-credits beyond the means of payment, and without any hopes
■of ability to pay—except such as are founded upon reasons
drawn Irom the remoteness of their circulation, the uncertain¬
ty of the time of its presentation for payment, and the amount
demanded at a time—is demoralizing in its tendency, and
begets a spirit of speculation, extravagance and folly among
individuals in private associations, and in the public councils
of the country.
7th. Resolved, That the pressures and embarrassments that
have, from time to time, afflicted our country in the midst of
•abundant harvests and otherwise prosperous circumstances,
are to be attributed'mainly to property's being regulated by
the fictitious standard of paper currency, rather than the
permanent standard of gold and silver.
8th. Resolved, That to coin money and regulate the value
thereof, is among the highest acts of national sovereignty ;
that this power, by the Federal Constitution, is vested in
Congress ; and by the said Constitution, gold and silver coin
is recognized alone in payment of debts ; and Congress and
the State Legislatures have no right to increase prices of
property, directly or indirectly, by creating incorporations,
and through them a medium of exchange that destroys all
relative proportion between the debts of the country and the
constitutional means of payment.
9th. Resolved, That equality is the basis of the consent of
the people to the Constitution, the life-spring of its existence;
and that all the powers not expressly delegated by it to the
General Assembly, are to be tested and determined by the
principle that induced it.
1(M. Resolved, That the Constitution no where recognizes
in the General Assembly the right to charter banks ; that it
interdicts monopolies as being opposed to the spirit of our
free government; that banks are the most powerful of all
monopolies, monopolizing the constitutional currency, and
supplying its place in the community with their debts.
11th. Resolved, That it is prohibited to the States to " coin
money, emit bills of credit, make any thing but gold and
silver coin a tender in payment of debts that all and each
cf these prohibitions bear the same relation to the powers of
the General Government, and to the rights of the States;
and that if the States have the right to charter banks to
64
"emit tills of cre'dit," they have an equal right to chaiter
companies to " coin money," &c.
12th. Resolved, That it is prohibited to the States to pass
laws impairing the obligation of contracts ? that the charter-'
ing of banks of issue and circulation enhances the price of
property by one standard of value,, and the Constitution en-''
forces payment for it in and by another, far more precious
that they draw from circulation the specie, and otherwise
lessen the ability of the people to pay in exact ratio with
the advanced prices they fix on property ; and thereby the
law is as a trap to ensnare the people—the Constitution a
Moloch to immolate and destroy them—and th® banks the
heirs of their inheritance.
13th. Resolved, That the arguments in favor of the bank¬
ing system strike at the very root of our republican institu--
tions and its friends making merit of its evils, argue thence
the necessity of its continuance, and appeal to the selfishness
©f present convenience and present interest,' at the fearful
hazard of the speedy ruin of our liberties-.
14th. Resolved, therefore, in view of the premises, That with
due regard to the claims the banks profess to have, and the
interest of the people as Connected with them, we will adopt
such measures as will at one and the same time express our
conviction of past errors and our earnest determination
henceforward to correct arid avoid them.
Mr. Erwin introduced a bill to authorize the Justices of
the Inferior Court of Forsyth county to remit a forfeiture
incurred by Daniel S. Hammond, John Hammond and
Thomas Gravitt, on a bond for the appearance of William
Hammond } which was read the first time.
Mr. Pitts presented a petition of sundry citizens of Cass
county, praying an appropriation of money to complete the
building of an! Academy ; which was referred to a Select
Committee, consisting of Messrs. Pitts, Hudgins, Neal, Jones,
of Harris, Loyall, Mann, of Morgan, McDuffie, and Stroud,
of Clark, without being read*
Mr. Gathright offered the following Preamble and Reso-'
lutions :
Whereas, Democracy is nothing else than honesty in polb
tics -the true Democrat asking for himself nothing which
in justice belongs to another, is ever unwilling to abandon
those rights with which he has been endowed by his Creator;
be believes that mankind were originally created equalpos¬
sessing equal rights and enjoying equal privileges ; and that
it is the bounden duty of every government to protect its
citizens in the peaceable enjoyment of all property honestly
acquired by their undivided care and industry. He feels en¬
tire confidence alike in the honesty and intelligence of the
mass of mankind, whom he considers the only legitimate
55
fountain of all power and authority; he desires that the great¬
est possible amount of power should remain with the people,
•and as little as possible be confided to the hands of the rulers.
The Monarchist, on the other hand, maintains that the mass
of mankind have not, and cannot have, sufficient intelligence
and virtue to render them a safe depository for political
power; he is ever anxious to sustain, where it already exists,
a privileged order; where such a body is unknown, he will
at all times be found ready to resort to any and every means
to create it. And whereas, also, The patriots of 177 6 pro¬
claimed to the world the independence of these United States,
as well also, as the principles above set forth, which declara¬
tion, so far as it regarded the people of the several States
who made it, was shortly thereafter recognized by all the
nations of the earth, leaving to them the right of governing
themselves in such manner as they might think proper.—
And whereas, a'so, The people of the several States, for
their respective governments, and the people of all the States
in a federative capacity, have adopted constitutions pre¬
scribing the fundamental principles by which they will be
governed, by which constitutions the principles of equality,
■as proclaimed in 1776, are declared and retained ; the Con¬
stitution of this State, as well as the Constitution of the
United States, therefore, discountenance and prohibit the
granting or conferring any rights, privileges or immunities of
any kind whatever to one portion of the people to the ex¬
clusion of the others—-acknowledging no aristocracy or su¬
premacy among the people, save such as is conferred by the
God of Nature. • And whereas, also, It has ever been the
object of the Patriot and friend of liberty and humanity, to
Use every honorable means in his power to preserve and*
maintain this principle in our form of government, and to
adopt no measure having either a near or remote tendency
to elevate one portion of our citizens above the others in any
manner or form whatever. And whereas, also, The present
agitation of political affairs in this great Republic is calcu¬
lated to mislead and divert the attention of many of our
good citizens from the fundamental principles upon which
our Government is based; To the end, therefore, that the
good people of our country may, in the investigation of all
political subjects, keep in view, at all times and under all
circumstances, the foregoing fundamental principles of- our
Government;
It Is therefore resolved, as the deliberate opinion of the Repre¬
sentatives of the people of the State of Georgia in General As-
sernbly met, That it is necessary to the preservation of a
Democratic form of government, that the acts of every and
any of the functionaries of our government should be per¬
formed with an eye to the maintenance of the above and
foregoing principles.
56
2nd. And be it further Resolved, by the, authority aforesaid,
That the people of these United States are the ultimate
judges of the propriety or impropriety of all measures affect¬
ing their rights and interests.
3rd. Ajid be it further resolved, That the people are capable
of self-government if they adopt such means as to procure
the necessary and proper information in relation to the policy
and tendency of all public measures.
4dh. Resolved, That a tariff for the protection of domestic
manufactures is a political favor conferred upon that class of
people engaged in such pursuits ; which favor is conferred
at the expense of the balance of the people, and is therefore
a violation of the Constitution.
5th. Resolved, That the incorporation of a National Bank
by the Congress of the United States, or any other corpora¬
tion combining wealth or credit, is a special privilege to the
corporators, and greatly tends to enhance their powers above
the general mass of our citizpns, and is therefore a violation
of the principles of equality and of the Constitution.
6th. Resolved, That the Government should not place the
public monies in the care of any individual or companies of
individuals, either incorporated or unincorporated, with a
privilege of lending the same, or of issuing notes on the faith
of such public funds, such having a tendency to enlarge the
credit of the depositories and increase their wealth with the
monies belonging to the great mass of the people, and is
therefore a violation of the Constitution.
7th. Resolved» That to create a National Debt for the pur¬
pose of carrying on works of internal improvement, would
require an increase of the tariff or an assessment of a direct
tax, and would be exercising a power not delegated by the
Constitution.
8th. Resolved, That any act for the combination of wealth
or credit, for the purpose of constructing- splendid national
works, or making us a wealthy nation, is dangerous to De¬
mocracy, because such a policy tends to enrich the cunning
and crafty at the expense of the general mass of the people ;
a simple Republic requiring no more laws than such as are
necessary for the preservation of good order in society, and
the protection of each individual in his rights of life, limb,
liberty, character, health, and the property he has honestly
acquired by his care and industry.
9th. And be it further resolved, That should the General
Government attempt the adoption of any measure above
enumerated, as tending to the subversion of liberty,, it is the
right and duty of the people in the several States, as being
the ultimate judges, to meet in convention and calmly dis¬
cuss and decide upon what shall be the powers exercised by
the several functionaries of the Government.
10th. Resolved, That his Excellency the Governor trans-
57
mit a copy of this Preamble and these Resolutions to the
Executive of each State of this Union.
Mr. Hampton introduced a bill to form additional precincts
in the county of Houston; which was read the first time.
Also—A bill to change the names of certain persons there¬
in named; which was read the first time.
IVlr. Cannon introduced a bill to change and establish elec¬
tion precincts in the county of Rabun ; which was read the
first time.
Mr. Sapp introduced a bill to alter and fix the time of
holding the Inferior Courts in the county of Muscogee ;
which was read the first time.
Mr. Welborne introduced a bill to grant the rights and
privileges of citizenship to George Ward and his descend¬
ants—a descendant of the Cherokee tribe of Indians, and to
remove all legal disabilities.heretofore imposed upon him in
consequence of the same; which was read the first time.
Mr. Johnson, of Troup, introduced a bill to change the
place of holding the election precinct, in the 12th district of
said county, from Posey Johnson, now R. H. Johnson, to
Harrisonville, in said county; which was read the first time.
Mr. Walker introduced a bill to repeal an act entitled An
act to consolidate the offices of tax collectors and receivers
of tax returns, so far as respects the counties of Baldwin,
Chattooga, Franklin, Gwinnett, Heard, Upson, Wilkes, Mc¬
intosh, Thomas, Jefferson, Cobb, Hancock, Dooly, and Ma¬
rion, passed on the 9th day of December, 1839—so far as
relates to the county of Upson; which was read the first
time.
The House took up the report on the bill to repeal an act
further to regulate the granting of retail licence and sale of
spirituous liquors, assented to the 29th day of December,
1838 ; and a substitute in lieu of the original being offered
by Mrj Collier, was rejected ; and on the motion to agree to
the report of the Committee, the House refused.
The House took up the report on the bill to alter and
amend the 9th section of the Judiciary Act of 1799 ; and
the 1st section of an act relative to executions, passed De¬
cember the 14th, 1811; and the same being amended, was
agreed to. The bill was read the third time, and passed
under the title thereof.
The House took up the report on the bill to amend an act
entitled An act to establish a tribunal for the trial of Slaves
within this State, passed the 16th December, 1811.—so far
as relates to the county of Mcintosh; and agreed thereto.
The bill was read the third time, and passed under the title
thereof.
68
The following message was received from hi 5 Excellency
ihe Governor, by Mr. Harris, his Secretary :
Executive Department, )
Milledgeville, Nov. 12, 1840. >
I have the honor to transmit to the Legislature, the copy
of a letter from Brigadier General John d. Field, resigning
his command of the 2d Brigade of the 7th Division of Geor¬
gia Militia. charles j. Mcdonald.
o
The Speaker announced from the Chair, the Report of the
Comptroller General for the political year 1840 ; which was,
on motion, referred to the Committee on Finance, and 210
copies ordered to be printed for the use of the House.
The House then adjourned to 10 o'clock, to-morrow
morning.
SATURDAY, November 14, 1840.
Mr. Roberts moved to reconsider so much of the Journal
of yesterday, as relates to the disagreement of the House
to the report of the Committee of the Whole, on the bill to
repeal an act, further to regulate the granting of retail li¬
cense and sale of spirituous liquors, assented to on the 29th
December, 1838.
Whereupon, the yeas and nays were required to be re¬
corded, and are yeas 64, nays 98.
Those who voted in the affirmative, are Messrs.
Anderson, of Frank-Green, of Forsyth, McMillen, ofJackson
lin, Green, of Pike, Moon,
Bethea, Hardage, Moultrie,
Brown, of Bibb, Hibbert, Murphey, of DeKalb
Brown, of Fayette, Hines, Murphey, of Wil-
Bryan, of Wayne, Hotchkiss, kinson,
Carlton, Howard, Neal,
Cannon, Hudgms, Nixon,
Carroll, Hunter, Palmer,
Chandler, Johnson, of Appling, Pettee,
Chester, Keaton, Pitman
Collier, Lee, pittS)
Crutchfield, Lefils, Price,
Dawson, Liddell, Read
Dixon, Lynch, Roberts,
Ellis, Martin, of Gwinnett,Robinson, of Jasper*,
Erwin, Mays, of Cobb, Sanford,
Farnall, McDuffie, Sheffield,
69
Shropshire, Sumner, Webb,
Smith, Tanner, Welborne,
Stewart, ofMcIntoshThompson, White, of Pike,
Stiles, Towles, Wilson.
Stroud, of Walton,
Those who voted in the negative, are Messrs#
Alexander, Foster,
Anderson, of Chat- Greene, of Macon,
ham,
Anderson, of War¬
ren,
Barclay,
Beavers,
Bell,
Bentley,
Boynton,
Bryan, of Houston, Hitchcock,
Burt, Hubbard,
Morris, of Cobb,
Morris, of Murray,
O'Neal,
Osborne,
Parks,
Pryor,
Rea,
Covenab,
Chapman,
Chappell,
Chipley, Jones, of Harris,
Cooke, Jones, of Monroe,
Craft, King,
Crawford, of Ogle-, Lawson,
thorpe, Linder,
Crawford, of SumterLbng,
Credille, Loyall,
Cutright, Marin, of Morgan,
Daniel, of Greene, Mann, of Tattnall,
Hall,
Hammond,
Hampton,
Hardeman,
Hardy,
Harrison, of PutnamReeves,
Hatcher, Reynolds,
Hendry, Rhodes,
Richardson,
Robertson, of Co-
Johnson, of Heard, lumbia,
Johnson, of Troup, Robinson of Laurens
Jones, of Franklin, Rodgers,
Sanders,
Sapp,
Sermons,
Shaw,
Stuart, of Ware,
Stone,
Stroud, of Clark,
Taylor,
Trayler,
Daniel, of Thomas, Martin, of Morgan, Waldhour,
Darden, of Troup, Maxwell,
Darden, of Warren, May, of Warren,
Davenport, McCrimmon,
Delauney, McGahagan,
Dodson, McMath,
Espy, McMillian, of
Flournoy, of Mus- Thomas,
co gee, Millen,
Flournoy, of Wash- Mitchell, '
mgton,
Moore,
Wales,
Walker,
Warren,
West,
Whigham, of Marion
Whitfield,
Whitworth,
Williams, of Bulloch
Williams, of Harris,
Wingfield.
So the House refused to reconsider.
Mr. Flournoy, of Washington, moved to reconsider so
much of the Journal of yesterday, as relates to the passage
of the bill to amend an act entitled an act, to establish ai
tribunal for the trial of slaves, within this State, passed the
16th December, 1811, so far as relates to the county of
Mcintosh.
60
Whereupon, the yeas and nays were required to be re¬
corded, and are yeas 53, nays 118.
Those who voted in the affirmative, are Messrs.
Alexander, Foster, McCrimmon,
Anderson of WarrenHagerman, McMath,
Barclay,
Bentley,
Boynton,
Burt,
Cannon,
Chester,
Chipley,
Cooke,
Crawford, of Ogle¬
thorpe,
Hardy, Moore,
Hibbert, Pitman,
Hines, Reynolds,
Hubbard, Richardson,
Johnson, of Heard, Robertson, of Co-
Johnson, of Troup, lumbia,
Jones, of Columbia, Robinson of Laurens
Jones, of Monroe, Sapp,
Sermons,
Smith,
Stuart, of Ware,
Stroud, of Clark,
Taylor,
Loyall,
Lynch,
Crawford, of SumterMann, of Morgan,
Cutright, Mann, of Tattnall,
Daniel, of Thomas, Martin, of Morgan,
Darden, of Warren, Martin, of Gwinnett, Waldhour,
Dufour, Maxwell, Whitworth,
Flournoy, of Wash- May, of Warren, Williams, of Harris,
ington, McCall,
Those who voted in the negative, are Messrs.
King,
Anderson, of Chat- Dawson,
ham, Delauney,
Anderson, of Frank-Dixon, of Walker,
lin, ' Dodson,
Beavers, , Ellis,
Bell, Erwin,
Bethea, Espy,
Brown, of Fayette, Farnall,
Brown, of Houston, Flournoy, of Mus- Lawson,
Bryan, of Houston, cogee^ Lee,
Bryan, of Wayne, Gathright, Lefils,
Carlton, ■ , Green, of Forsyth, Liddell,
Greene, of Macon,
Green, of Pike,
Hall,
Hammond,
Hampton,
Hardage,
Hardeman,
Howard,
Hudgins,
Hunter,
Johnson, of Appling
Jones, of Franklin,
Jones, of Harris,
Keaton,
Carroll,
Covenah,
Chandler,
Chapman,
Chappell,
Collier,
Craft,
Credille,
Crutchfield,
Daniel, of Greene,
Darden, of Troup,
Dark,
Davenport,
Linder,
Long,
Mays, of Cobb,
McDuffie,
McGabagan,
McMillen of Jackson
McMillian, of
Harrison, of Putnam Thomas,
Harris, Millen,
Hatcher, Mitchell,
Hendry, Moon,
Hitchcock, Morris, of Cobb,
Hotchkiss, Morris, of Murray,
01
Moultrie, Roberts, Trayler,
Murphey, of DeKalbRobinson, of Jasper, Turner,
Murphey,of Wilkin- Rodgers, Wales,
_ son, Sanders, Walker,
Neal, Sanford, Warren,
Nixion, Shaw, Webb,
O'Neal, Sheffield, Welborne,
Osborne, Shropshire, West,
Palmer, Stephens, Whigham, of Marion
Parks, Stewart, of Mcintosh White, of J asper,
Pettee, Stiles, White, of Pike,
Pitts, Stone, Whitfield,
Price, Stroud, of Walton, Williams, of Bulloch
Pryor, Sumner, Williams, of Talbot,
Read, Tanner, Wilson,
Reeves, Thompson, Wingfield.
Rhodes, Towles,
So the motion to reconsider was lost.
Gabriel Nash, Esquire, a member elect from the county
of Madison, attended, produced his credentials, and having
taken the oath to support the Constitution of the State, and
the Constitution of the United States, took his seat.
Leave of absence was granted to Messrs. Dickson, of Tal¬
bot, Brown, of Bibb, McMillen, of Jackson, Bigham and
Dufour, for a few days, on special business; also, for a few
days, to Messrs. Davis and Whitfield, on account of indis¬
position in their families. Mr. Carswell was excused for
previous absence, and further leave granted on account of
indisposition.
On motion of Mr. Whitfield, the special order of the day
was suspended, when he introduced the following bill, to wit:
A bill to authorize his Excellency the Governor, to exe¬
cute bonds of the State, and to procure the negociation
thereof for certain purposes therein specified; and to require
the Directors of the Central Bank of Georgia, to pay specie
for the notes of said Bank, upon certain conditions; which
was read the first time.
The House then took up the special order of the day, to
wit: the report of the Committee of the Whole, on the bill
to pardon Francis Lawrence, of Talbot county. The report
was agreed to—the bill read the third time, and on the
question, Shall this bill now pass ? the yeas and nays were
required to be recorded, and are yeas 29, nays 124.
Those who voted in the affirmative, are Messrs.
Alexander, Flournoy, of Mus- Hardeman,
Burt, cogee, Harrison, of Putnam
Crawford, ofSumterFlournoy, of Wash- Hitchcock,
Crutchfield, ington, Jones, of Harris,
Cutright, Greene, of Macon, Linder,
62
Long,
McMath,
Moore,
Murphey, of Wil¬
kinson,
Nash,
Nixon,
Pitman,
Shaw,
Shropshire,
Trayler,
Waldhour,
Walker,
White, of Jasper,
Whit worth,
Williams, of Talbot,
Wingfield.
Those who voted in the negative, are Messrs.
Anderson, of Chat- Hall,
ham, Hammond,
Anderson, of Frank-Hampton,
lin, Hardage,
Anderson of WarreriHardy,
Barclay, Harris,
Beavers, Hatcher,
Bell, Hendry,
Bentley, Hibbert,
Bethea, Hines,
Brown, of Fayette, Hotchkiss,
Brown, of Houston, Howard,
Bryan, of Wayne, Hubbard,
Carlton,
Cannon,
Carroll,
Covenah,
Chandler,
Chapman,
Chappell,
Chester,
Chipley,
Collier,
Craft,
Hudgins,
Hunter,
Morris, of Murray,
Moultrie,
Murphey, ofDeKalb
Neal,
Osborne,
Palmer,
Parks,
Pitts,
Price,
Rea,
Read,
Reeves,
Reynolds,
Rhodes,
Richardson,
Johnson, of Appling,Roberts,
Johnson, of Heard, Robertson, of Co-
Johnson, of Troup, lumbia,
Jones, of Franklin, Robinson, of Jasper,
Keaton,
King,
Lawson,
Lee,
Lefils,
Crawford, of Ogle- Liddell,
thorpe, Loyall,
Credille, Lynch,
Daniel, of Green, Mann, of Morgan,
Daniel, of Thomas, Mann, of Tattnall,
Darden, of Troup, Martin, of Gwinnett,Stiles,
Robinson of Laurens
Rodgers,
Sanders,
Sanford,
Sapp,
Sermons,
Sheffield,
Smith,
Stewart of Mcintosh
Stuart, of Ware,
Darden, of Warren, Maxwell,
Dark,
Davenport,
Delauney,
Dodson,
Ellis,
Erwin,
Farnall,
Foster,
Gathright,
Green, of Pike,
Hagerman,
Mays, of Cobb,
May, of Warren,
McCall,
McCrimmon,
McDuffie,
McGahagan,
McMillian, of
Thomas,
Millen,
Mitchell,
Moon,
Stone,
Stroud, of Clark,
Stroud, of Walton,
Sumner,
Tanner,
T aylor,
Thompson,
Towles,
Turner,
Warren,
Webb,
Welborne,
63
White, of Pike, Williams, of Harris, Wilson.
So the bill was lost.
The following message was received from the Senate, by
Mr. Bailey, their Secretary.
Mr. Speaker: The Senate has passed a bill to confirm the
purchase of the bridges across the Savannah river, at Au¬
gusta, &c.; and agreed to a resolution, authorizing his Ex¬
cellency the Governor, to pay to James Strickland, Senator
from the county o'f Ware, the amount due said county, as a
Poor School fund for the year 1838; also, to pay to John
A. Jones, Senator from the county of Paulding, the amount
due said county for said year; and has also agreed to a re¬
solution setting apart the hour of three o'clock, P. M., this
day, for the purpose of electing a Brigadier-General for the
second brigade and seventh Division; also, a Brigadier-Gen¬
eral of the first brigade and eleventh division, G. M., to
which the Senate desires the concurrence of the House.
On motion, the rule was suspended and the House took
up the resolutions of the Senate, bringing on the election of
a Brigadier-General for the second brigade, seventh divis¬
ion ; and a Brigadier-General for the first brigade, eleventh
division, G. M., this day, at three o'clock, P. M., and con¬
curred therein.
On motion, the rule being suspended, the House took up
the report of the Committee of the Whole, on the bill of the
Senate, to legalize the adjournment of the Superior Court of
the county of Thomas, and to change the time of holding
the Superior Courts of the county of Bulloch, and agreed
thereto. The bill was read the third time and passed.
The following message was received from his Excellency
the Governor, by his Secretary, Mr. Glascock, to wit:
I have 'the honor to lay before the General Assembly, the
report of the President of the Central Bank of Georgia, ex¬
hibiting the condition of that institution.
charles j. Mcdonald.
Which was read, and on motion, was referred to the
Committee on Finance, with the accompanying documents,
and two hundred and ten copies thereof ordered to be print¬
ed for the use of the House.
Leave of absence was granted to Mr. Speaker Jenkins,
and Mr. Tarver, for a few days, on special business.
The House then adjourned until 3 o'clock this afternoon.
Three o'clock, P. M.
The House met pursuant to adjournment.
On motion of Mr. Stroud, of Walton, the order was sus<
pended for the purpose of introducing the following:
64
Resolved, That the following shall be the number of Clerks
necessary to be appointed by the Clerk of this House, for
the purpose of facilitating the business of the same, until
otherwise directed, to wit! an assistant clerk; a clerk to
engross the Journals; a clerk to engross all bills which may
be passed by this House, and two enrolling clerks; which
Was read and laid on the table.
The order of the day being, on motion, still further sus¬
pended, Mr. Stephens laid the following resolution on the
table:
Resolved, That two hundred and ten copies of the last
quarterly reports of the several Banks of this State, respec¬
tively, be printed for the use of the members of this House,
except suqh as may have been previously ordered to be
printed.
The following message was received from the Senate, by
Mr. Bailey, their Secretary:
Mr. Speaker: The Senate has agreed to a resolution au¬
thorizing his Excellency the Governor to have certain repairs
to be done to the State House building.
To which the Senate wishes the concurrence of the House
of Representatives.
The following resolution of the Senate, was taken up, read
and concurred in, viz:
Resolved by the Senate and House of Representatives of the
State of Georgia in General Assembly met, That his Excellency
the Governor, be respectfully requested to employ a suitable
person to make such repairs on the roof of the State House,
as to prevent the same from leaking; together with such
other repairs as he may consider necessary for the preser¬
vation of the building, and that the same be paid for, out of
the contingent fund.
On motion, the order was suspended, for the purpose of
taking up a bill to reduce sheriffs and constables fees, in
certain cases, so far as relates to the county of Appling;
which was read the second time, and referred to a Commit¬
tee of the whole House.
On motion, the Clerk was directed to inform the Senate
that the House are now ready to receive them in the Rep¬
resentative Chamber, to proceed to the election of a Briga¬
dier-General for the second brigade and seventh division,
G.M.; also, a Brigadier-General for the first brigade and
eleventh division, G. M.; which duty being performed, the
President and members of the Senate attended, and the Gen¬
eral Assembly proceeded to the election of a Brigadier-
General for the second brigade and seventh division, G. M.,
and the ballots being received and counted, it aDDeared thnt
Andrew J. Hansell was duly elected.
They next proceeded to the election of a Brigadier-Gen-
65
eral for the first brigade and 11th division, G. M., and the
ballots being received and counted, it appeared that Hiram
Howard was duly elected.
The President and members of the Senate having with¬
drawn, the House of Representatives was adjourned to 10
o'clock. Monday, morning next.
MONDAY, November 16, 1840.
The Speaker being absent, Mr. Osborne was called to the
chair, and the House proceeded to the election of Speaker
jpro tem ; and on receiving and counting the ballots, it ap¬
peared that Absalom H. Chappell, Esquire, a Representa¬
tive from Bibb County, was duly elected.
On motion of Mr. Jones, of Harris,
A committee was appointed, consisting of Messrs. Jones,
of Harris, Wales, and Sapp, to inform him of his election,
and conduct him to the chair; from which, he tendered his
acknowledgements to the House.
Mr. Atkinson moved to reconsider so much of the Journal
of Saturday last, as relates to the rejection of the bill for the
pardon of Francis Lawrence, of Talbot County.
Upon which motion, the yeas and nays were required to
be recorded, and are yeas 64, nays 102.
Those who voted in the affirmative, are Messrs.
Alexander, Flournoy, of Wash- Meadows,
Atkinson, ington, Moore,
Beavers, Foster, Moultrie,
Black, Gathright, MurpheyofDeKalb,
Boynton, Green, of Forsyth, Murphey, of Wil-
Brown, of Fayette, Greene, of Macon, kinson,
Brown, of Houston, Hardage, Nixon,
Burt, Hardeman, O'Neal,
Carlton, Harrison,ofPutnam,Osborne,
Cannon, Hines, Pettee,
Chapman, Hotchkiss, Pitman,
Cooke, Hudson, Price,
Crawford,of Sumter, Johnson, of Troup, Pryor,
Cutright, Jones, of Harris, Rhodes,
Delauney, Jones, of Monroe, Roberts,
Dickson, of Talbot, King, Robertson,ofColum-
Emanuel, Linder, bia,
Fitzpatrick, Mann, of Tattnall, Sanford,
Flournoy, of Mus- McCrimmon, Stephens,
xcogee, McMath, Stuart, of Ware,
5
G&
"Williams, of Talbot,.
Wingfield,
Stroud, of Clark, Warren,
Wales, West,
Walker, White, of Jasper,
Those who voted in the negative, are Messrs.
Anderson, of Chat- Harris, Pitts,
ham, Hatcher, Preston,
Anderson, of War- Hendry, Rea,
Hibbert, Read,
ren,
Barclay,
Bell,
Bentley,
Bryan, of Wayne
Carroll,
CoveDah,
Chandler, •
Chester,
Chipley,
Collier,
Craft,
Crawford, of Ogle- Loyall,
thorpe, Lynch,
Howard, Reeves,
Hubbard, Reynolds,
Hudgins, Richardson,
Hunter, Robinson, of Jasper,
Johnson,of Appling, Robinson, of Lam-
Johnson, of Heard, rens,
Jones, of Franklin, Rodgers,
Keaton, Sanders,
Lawson, Sapp,
Lee, Sermons,
Lefils, Smith,
Stewart,of Mcintosh
Stiles,-
Credille, Mann, of Morgan, Stone,
Crutchfield, Martin, of Morgan, Stroud, of Walton,
Daniel, of Greene, Martin, of Gwinnett,Sumner,
Daniel, of Thomas, Maxwell, Tanner,
Darden, of Warren, Mays, of C'obb, Taylor,
Dark, May, of Warren, Thompson,
Davenport, McCall, Towles,
Dawson, McComb, Turner,
Dixon, of Walker, McDuffie, Waldhour,,
Dodson,
Ellis,
Erwin,
McMiIlian,of Tho's. Webb,
Mitchell, Welborne,
Moon, Whigham,of Marion,
Morris, of Cobb, White, of Pike,
Morris, of Murray, Whitworth,
W illiams ,of B ulloch,
Williams, of Harris,
Wilson,
Wooten,
Green, of Pike,
Hagerman,
Hall, Neal,
Hammond, Nash,
Hampton, Palmer
Hardy, Parks,
Harrison, of Rand'h.
So the House refused to reconsider.
Leave of absence was granted to Messrs. Green, of For¬
syth, and Espy, for a few days, on special business.
Mr. Evans, of Burke, was excused for previous absence,
and further leave granted, on account of indisposition.
Mr. Anderson, of Chatham, presented the memorial of
the Stockholders in the Bank of Darien, which was referred
to the Committee on Banks, without being read.
67
Mr. Ellis introduced a bill to appropriate money for the
building of an Academy, in the county of Chattooga; which
was read the first time.
Mr. Tanner laid on the table a resolution, requesting his
Excellency, the Governor, to transmit with the Laws and
Journals of the present session, six copies of Green .& Lump¬
kin's Georgia Justice, and six copies of Dawson's Compila¬
tion, for the use of Dade County.
Mr. Hunter introduced a bill to repeal so much of an act,
passed 23d December, 1839, as relates to the legitimatising
of-certain persons therein named, and to alter the given
names of the same ; and to legitimatize and make them the
lawful heirs of their reputed father; which was read the
first time.
Mr. Green, of Forsyth, introduced a bill, to add fraction
No. 145, eighth district of Hall County, to the county of
Forsyth ; which was read the first time.
Mr. Martin, of Gwinnett, introduced a bill to change and
define the line between the counties of Gwinnett and
DeKalb, so as to include the premises of William Nesbit,
on fractional lot No. 256, in the county of DeKalb, immedi¬
ately on the line in the county of Gwinnett; which was read
the first time.
Mr. Morris, of Murray, laid on the table a resolution,
authorising and requiring the Directors of the Central Bank,
to receive in payment, the certificates issued by the Com¬
missioners of the Western and Atlantic Rail Road, &c.
Mr. Shaw laid on the table a resolution, requiring the
Directors of the Central Bank, to report to this branch of
the General Assembly, as early as practicable, at what time
said bank will be able to resume specie payments.
On motion of Mr. Hardage,
The Clerk was directed to inform the Senate, that the
House of Representatives have this day elected the Hon¬
orable Absalom H. Chappell, a Representative from the
county of Bibb, Speaker, pro tern., in the absence of the
Honorable Charles J. Jenkins, their Speaker.
The House took up the resolution of the Senate, authoris¬
ing the Secretary of State and Surveyor General to employ
additional clerks-; and after some discussion thereon, the
same was laid on the table for the present.
Mr. Osborne offered the following resolution.; which was
agreed to.
Resolved, That the House appoint a committee of three,
to wait on the Secretary of State and Surveyor General, and
ascertain from them, what number cf clerks, if any be re¬
quired, are necessary to perform the duties of their respec¬
tive offices, and report to this House, upon Wednesday next.
Upon which, Messrs. Osborne, Stroud, of Walton, and
Taylor, of Troup, were appointed that committee.
Mr. Pettee introduced a bill to compensate grand and
petit jurors of Dooly County; which was read the first
time. .
Mr. Craft introduced a bill to repeal an act, entitled an
act, to amend the second section of an act, passed the 23d
day of December, 1837, to compensate the grand and petit
jurors of the Superior and Inferior Courts, of the several
counties therein named, so far as relates to the county of
Elbert, passed 27th day of December, 18-38 ;: which was
read the first time.
Mr. Reeves introduced a bill to change the place of hold¬
ing elections from Jordan's, to the White Sulphur Springs,
both in the third district of Meriwether County which was
read the first time.
Mr. Stewart, of Mcintosh, introduced a bill to be entitled
an act, to repeal an act, to exempt certain persons from jury
and militia duty, in the county of Mcintosh, passed the 21st
December, 1839 which was- read the first time.
Mr. Dawson introduced a bill to legitimatize and change
the name of Stephen Handley, to that of Stephen Harris;
\vhich was read the first time. .
Mr. Gatbright introduced a bill' to after an act for the
better selecting grand and petit jurors, for the several coun¬
ties in this State, passed on the 7th day of December, 1805,
so far as respects the counties of Floyd, Walker, Murray,
Gilmer, Union, Lumpkin, Forsyth, Cass, Cherokee, Pauld¬
ing, and Cobb, assented to, December 22d, 1835which
was read the first time.
Mr. Hatcher introduced a bill to regulate the trials of
divorce cases ; which was read the first time.
Mr. Bryan, of Wayne, introduced a bill to amend an act,
entitled an act, to prevent persons from obstructing the free
passage of fish up the Altamaha River, by the use of gill
nets or seines over fifty feet in length, assented to, December
23d, 1839 ; which was read the first time.
Mr. Flournoy, of Washington, introduced a bill to abolish
capital punishment, for crimes committed by free white per¬
sons, with the exception of treason ; which was read the first
time.
Mr. Johnson, of Troup-, introduced a bill, to make it the
duty of the Judge of the Superior Court of the Coweta Cir¬
cuit, to continue' the court in Troup County, two weeks;
which was read the first time.
Mr. Welborn introduced a bill to change the time of hold¬
ing the election for electors of President and Vice President
of the United States ; which was read the first time.
Mr. Stroud, of Walton, introduced a bill to authorise Ely
Jones, now a resident on the line dividing the counties of
Clark and Walton, to do and perform, all and singular, the
duties required of him by the laws of the State, as a citizen
<69
hereof, in the county of Walton, and to legalize the same;
which was read the first time.
The Speaker presented a memorial from sundry citizens
of the county of Bibb, relative to specie payments by the
bankswhich was referred to the Committee on Banks.
Mr. Martin, of Gwinnett, introduced a bill to authorise his
Excellency, the Governor, to cause to be paid cut to the
proper authorities, the sum of two hundred dollars, due the
county of Gwinnett, under the act of 1837, repealed 18885
which was read the first time.
Mr. Sanford introduced a bill to alter the third section of
the second article of the Constitution of this State % which
was -read the first time.
Mr. Thompson introduced a bill to impose, levy, and col¬
lect a tax, for the political year 1841, on property both real
•and personal, and to inflict penalties -for refusing or neglect¬
ing to comply with the provisions thereof; which was read
the first time.
Mr. O'Neal introduced a bill to extend the corporate limits
of the town of Forsyth, in Monroe County .; which was read
the first time.
Mr. Stephens laid cn the table the following resolution,
to wit:
Resolved, That no new matter be introduced into this
House, after Monday next.
Mr. Hotchkiss laid on the table a resolution, that when¬
ever a member applies for leave of absence, it shall be the
•duty of the Speaker, to ask for the nays as well as the yeas,
that the House may arrive at the true will ©f the same.
Mr. Neal laid on the table a resolution, defining the mode
of adjourning the House.
The following bills were severally read the second time,
•and referred to a Committee of the whole House.
A bill to cause the line between the counties of Walker
and Dade, to be run, and to provide for the payment of the
■same.
A bill to increase the jurisdiction of the Justice's Courts
of Georgia.
A bill to appropriate a sum of money to defray the de¬
mands of Joshua Holden against the State of Georgia, for
^property lost in the late Creek campaign of 1836.
A bill to authorise the Sheriffs and Clerks of the Superior,
Inferior, and Ordinary Courts of the county of Campbell, to
insert their advertisements in any of the public gazettes in
the Coweta Circuit.
A bill to provide for the compilation of the militia laws of
this State.
A bill to repeal an act to establish a general system of
^education by common schools, assented to, 26th Decem¬
ber,, 1837,
70
Also—an act, to amend an act, to establish a general sys-
q|* education by common schools, assented to, 29th De—
cember, 1838 j and to change the common school fund in
the State of Georgia, to a poor school fund, and provide for
distributing"the same.
The following bill was read the second time, and referred
to the Committee on Banks.
A bill to compel the several banks of this State to pay
specie for their bills, under certain provisions.
The House took up the report of the committee of the
whole, on the bill to change the time of holding the Superior
Courts of the Cherokee Circuit, so far ar relates to the coun¬
ties of Union, Gilmer, Murray, Walker, and Floyd;. which
was postponed for further consideration.
Also—the report of the committee of the whale, on the
bill to dispose of the ungranted lands lying in the counties
of originally Early, Irwin, and Appling ; which was referred
to a select committee, consisting of Messrs. McMillian, of
Thomas, Stephens, Hardage, Chester, and Waldbour.
Also—the report of the committee of the whole, on the
bill to repeal the second and third sections of an act to ap¬
point additional trustees of the University of Georgia, and
to provide a permanent additional fund for the support of
the same, and for other purposes ; which was also post¬
poned for further consideration.
Also—the report of the committee of the whole, on the
bill to reduce sheriff's and constable's fees, in certain cases,
so far as relates to the county of Appling; which was re¬
committed and postponed for further consideration.
The House took up the report of the committee of the
whole, on the bill to repeal so much of the third section of
an act, to alter and amend an act, to change the names of
certain persons therein mentioned, and to legitimatize those
persons whose names are so changed, as far as relates to the
iegitimatising and investing Caroline Amanda Tuttle, for¬
merly, Caroline Amanda Graham, with the rights and privr-
leges of an heir at law of her reputed father, James Tuttle,
of Scriven County; which was agreed to.
The bill was read the third time, and passed under the1
title thereof.
The House took up the report of the committee of the
whole, on the bill to repeal an act to organize the office of
Adjutant General of the State of Georgia, passed the 28th
December, 18o6 ; when Mr. Lee offered a substitute, which
was accepted.
The report was then agreed to, the bill was read the third
time, and passed under the title thereof.
The Speaker announced from the chair, the report of the-
Treasurer of the State-,, for the political year 1840 ; which,
on motion, was referred to the Committee on Finanee, and
71
two hundred and ten copies ordered to be printed for the
use of the House.
On motion of Mr. Stephens,
Resolved, That the Treasurer be requested to furnish to
this branch of the General Assembly, a statement of the
amounts received at the Treasury, upon University Bonds,
and the years in which the several amounts were received
previous to the 1st of January, 1829 ; and that he report at
the meeting of the House as soon as convenient.
And be it further resolved, That the President of the Cen¬
tral Bank, be requested to furnish to this House, a state¬
ment of the amount of University Bonds received from the
Treasury, when that bank went into operation, the amount
of principal and interest collected upon the same, and the
amount still due., and whether the same be deemed good;
and that he report to the House as soon as convenient.
Also—the amount paid out to said Trustees, from the
year 1815, to the present time, together with the dates of
said payments.
Mr. Stephens moved that the House now adjourn.
Whereupon, the yeas and nays were required to be re¬
corded, and are yeas 97, nays 56.
Those who voted in the affirmative, are Messrs.
Alexander, Fitzpatrick, Loydl,
Anderson, of Chat- Flournoy, of Mus- Mann, of Tattnall,
ham, cogee, Martin, of Gwinnett,
Anderson, of WarrenFlournoy, of Wash- Maxwell,
Barclay, ington, Mays, of Cobb,
Bell, Ford, of Lee, May, of Warren,
Black, Greene, of Macon, McCall,
Boothe, Hall, McCrimmon,
Brown, of Houston, Hampton, McGahagan,
Bryan, of Houston, Hardage, McMath,
Carroll, Hardeman, McMillian, of Tho's.
Covenah, Hardy, Moore,
Chapman, Harrison,ofPutnam,Morris, of Cobb,
Chester, Harrison, of Pan- Murphey,ofDeKalb
Cooke, dolph, Murphey, of Wilkin-
Crawford, of Ogle- Harris, son,
thorpe, Hendry, Nixon,
Cutright, Hubbard, O'Neal,
Daniel, of Greene, Hudson, Parks,
Daniel, of Thomas, Johnson, of Troup, Pettee,
Dark, Jones, of Columbia, Pitman,
Davenport, Jones, of Monroe, Pitts,
Dawson, King, Preston,
Dodson, Liddell, Price,
Emanuel, Binder, Rea,
F arnall, Long, Read,
72
Stephens, "Wales,
Stewart, of Mcintosh W arren,
Stuart, of Ware, Welborne,
Stroud, of Clark.
Tanner,
Trayler,
Turner,
Waldhour,
Whigham ,ofMarion,
White, of Jasper,
Whitworth,
Williams, of Talbot,
Wingfield,
Reeves,
Rhodes,
Richardson,
Sapp,
Sermons,
Shaw,
Sheffield,
Shropshire,
Smith,
Those who voted in the negative, are Messrs.
Anderson, of Frank-Green, of Pike, Neal,
lin, Hatcher,
' Atkinson, Hibbert,
Bentley, Hines,
Brown, of Fayette, Hudgins,
Bryan, of Wayne, Hunter,
.Carlton,
Cannon,
Chandler,
Chipley,
Collier,
Crawford,ofSuinter,Lefils,
Credille, Lynch,
Harden, of Warren, Mann, of Morgan,
Helauney, Martin, of Morgan, Walker,
Ellis, McDuffie*,, White, of Pike,
Erwin, Mitchell, Williams,ofBullocB,
Foster, Moon, Williams, of Harris,
Gathright, Moultrie, Wilson,
The Bouse then adjourned until 10 o'clock, to-morrow
morning.
Osborne*,
Palmer,
Pryor,
Reynold^,
Roberts,
Johnson, of Appling,Robinson,of Jasper,
Jones, of Franklin, Rodgers,
Jones, of Harris, Sanfcrd,
Keaton, Stroud, of Walton,
Lawson, Sumner,
Taylor,
Thompson,
Towles,
TXJESHAY, November 17,1840:.
Mr. Chipley moved to reconsider so much of the Journal
of yesterday as relates to the passage of the bill entitled an?
act to repeal so much of the 3d section of an act, passed 24tb
Becember, 1836, entitled an act to alter and amend an act
to change the names of certain persons therein mentioned,
and to legitimatize those persons whose names are so chang¬
ed as far as relates to the legitimatizing and investing Caro¬
line Amanda Tuttle, formerly Caroline Amanda Graham,
with the rights and privileges of an heir at law of her re¬
puted father James Tuttle, of Scriven county——which was-
agreed to.
73
Leave of absence was granted to Mr. Credille, for a few
days, on account of indisposition in his family. Also, to Mr.
Stewart, of Ware, for a few days, on account of indisposition.
Also, to Mr. Hall, after to-morrow, for a few days, on spe¬
cial business. And also, to Mr. White, of Pike, after Thurs¬
day next, for a few days, on special business.
In conformity with a resolution of the House, the Speaker
submitted a communication from the State Treasurer, which
Was read and ordered to be laid on the table for the present.
The House took up the report of the committee of the
whole on the bill to authorise the Sheriffs and Clerks of the
Superior, Inferior and Ordinary Courts of Campbell county,
to insert their advertisements in any of the public Gazettes in
the Coweta Circuit—-the report was agreed to, the bill read
the third time and passed under the title thereof.
Also, the report of the committee of the whole, on the bill
to increase the jurisdiction of the Justice's courts of Georgia;
which was agreed to, the bill read the third time and lost.
The House resolved itself into a committee of the whole, Mr.
Toombs in the Chair, on the bill to appropriate a sum of mo¬
ney to defray the demands of Joshua Holden against the State
of Georgia, for property lost in the late Creek campaign of
1836-—and having spent some time therein, the committee
rose, and reported the bill without amendment. The report
was agreed to, the bill read the third time, and on the ques¬
tion, shall this bill now pass ?—the yeas and nays were re¬
quired to be recorded, and are Yeas 68-—Nays 103.
Those who voted in the affirmative, are Messrs.
Anderson, of Chat- Emanuel, Mitchell,
ham, Erwin, Morris, of Murray,
Anderson, of F rank- F arnall, Murphey, of W ilkin-
lin, Flournoy, of Musco- son,
Atkinson, gee, Nixon,
Beavers, Hammond, Osborne,
Bell, Hardeman, Palmer,
Bethea, Harris, Pitts,
Boothe, Hendry, Preston,
Brown, of Fayette, Hines, Price,
Bryan, of Wayne, Hitchcock, Read,
Cannon, Howard, Reeves,
Carroll, Hudgins, ^ Robinson, of Lau-
Chandler, Jones, of Franklin, rens,
Chapman, Jones, of Monroe, Rodgers,
Daniel, of Thomas, Keaton, Sanders,
Dark, Liddle, Sanford,
Dawson, Martin, of Gwinnett,Sapp,
Dixon, .of Walker, Mays, of Cobb, Sermons,
Dodson, McDuffie, Smith,
Ellis, McMillian, of Tho's. Stephens,
74
Stone, Webb, Wilson,
Tanner, Wellborne, Wingfield.
Taylor,
Towles,
Those who voted in the negative, are Messrs.
Whigham, of Marion
Williams,ofBulloch,
Anderson, of War- Hampton,
ren, Hardage,
Barclay, Hardman,
Bentley, Hardy,
Black, Harrison,
Boynton, dolph,
Brown, of Houston, Hatcher,
Burt, Hibbert,
Carlton, Hubbard,
Covenah, Hudson,
Chester, Hunter,
Chipley,
Collier,
Nash,
O'Neal,
Parks,
Pitman,
of Ran-Rea,
Reynolds,
Rhodes,
Richardson,
Roberts,
Robertson, of Co¬
lumbia,
Johnson, of Appling,Robinson, of Jasper,
Johnson, of Heard, Shaw,
Cooke, Johnson, of Troup, Sheffield,
Craft, Jones of Columbia, Shropshire,
Crawford, of Ogle- Jones, of Harris, Stewart, of Mcln-
thorpe, King» tosh,
Crawford,of Sumter,Lawson, Stiles,
Crutchfield, Lee, Stroud, of Clark,
Cutright, Linder, Stroud, of Walton,
Daniel, of Greene, Long, Sumner,
Darden, of Troup, Lowe, Thomas,
Darden, of Warren,Loyall, Thompson,
Davenport, Lynch, Toombs,
Delauney, Mann, of Morgan, Traylor,
Dickson, of Talbot,Martin, of Morgan, Waldhour,
Fitzpatrick, Maxwell, Wales,
Flournoy, of Wash-May, of Warren, Walker,
mgton,
Ford, of Lee,
Foster,
Franks,
Gathright,
Greene, ofMacon,
Green, of Pike,
Hagerman,
Hall,
Warren,
West,
White, of Jasper,
White, of Pike,
Whitworth,
Williams, of Harris,
Williams, of Talbot,
Wooten.
McCall,
McCrimmon,
McGahagan,
McMath,
Meadows,
Moore,
Morris, of Cobb,
Moultrie,
Neal,
So the bill was lost.
The House took up the report of the committee of the
whole, on the bill to cause the line between the counties of
Walker and Dade to be run, and to provide for the payment
of the same, which, oh motion, was postponed for further
consideration.
Also, the report of the committee of the whole, on the bill
75
to provide for the compilation of the Militia Laws of this
State, which Was referred to the committee on the military.
The House took up the report of the committee of the
whole, on the bill to repeal the 2d and 3d sections of an act
entitled, an act to appoint eleven additional Trustees of the
"University of Georgia, and to provide a permanent addition¬
al fund for the support of the same, and for other purposes ;
which was, on motion, made the special order of the day for
Thursday next.
Also, the report of the committee of the whole, on the bill
to repeal an act to establish a general system of education by
common schools, assented to 26th December, 1837.—Also,
an act to amend an act, to establish a general system of edu¬
cation by common schools, assented to 29th December, 1838,
and to change the common school fund in the State of Geor¬
gia, to a poor school fund, and to provide for distributing the
same ; which was, on motion, made the order of the day for
Monday next.
The following bills were severally read the second time
and committed to a committee of the whole House, for a
third reading, to wit:
A bill to establish and fix the fees of Sheriffs, Constables,
and other officers, in certain cases.
A bill to prevent the driving of Cattle from distempered
parts or sections, into the counties of Gilmer, Union, Rabun
and Habersham.
A bill to incorporate the Habersham Blues, and to autho¬
rise his Excellency the Governor, to furnish said Volunteer
Corps with sixty Rifles.
A bill to alter and amend the eleventh section of the third
article of the Constitution, &c.
A bill to authorise his Excellency the Governor to pay
over to the Senator of Mcintosh county, all arrearages due
said county from the poor school fund.
A bill to authorise the Justices of the Inferior Court of the
county of Pike, to apply the county funds of said county for
the support of the invalid poor.
A bill to prevent the issuing of bills, notes, &c. under the
denomination of five dollars.
A bill to authorise the Sheriff of Meriwether county, to sell
the State's interest in Lot of land No. 23, in the 11th district
of Meriwether county.
A bill to define the liability of the several Rail Road com¬
panies in this State, for the loss of stock killed or wounded
by the running cars, &c.
A bill to regulate the compensation of members of the Gen¬
eral Assembly, and reduce and regulate the salaries of cer¬
tain officers therein named.
A bill to add an additional section to the 8th chapter of the
Penal Code of the State of Georgia, &c.
76
A bill to repeal an act further amendatory of the several acts
incorporating the city of Milledgeville, passed in the year
1836 and 1837, so as to define the mode of electing the Clerk
and Marshal, &c.
A bill to repeal an act entitled an act to alter and amend
a part of the first section of the third Article of the Constitu*
tion of the State.
A bill to pardon Jackson Mahon, of Baldwin county.
A bill to prevent Judgments awarded by any of the Courts
of this State, from binding property until levied on by virtue
of the same.
A bill to repeal so much of an act, passed the 25th Decern*
ber, 1837, as relates to the consolidation of the offices of Tax
Collector and Receiver of Tax Returns of the county of
Floyd.
. A bill to amend an act relating to usurious contracts, as*
■sented to December 23, 1822.
A bill to amend the second section of an act, entitled, an
act for the better protection of Orphans and their estates,
passed on the 18th day of February, 1799, approved 22d
December, 1828.
A bill to authorise the Justices of the Inferior court of For*
syth county, to remit a forfeiture incurred by Daniel S»
Hammond, John Hammond, and Thomas Gravitt, on a bond
for the appearance of William Hammond.
A bill to repeal an act, assented to December 28th, 1838,
to compensate Grand and Petit Jurors in the county of Ma*
con, &c.
A bill to extend the stay of executions in this State.
A bill to extend ^the time of fortunate drawers in the seve*
ral land lotteries, to take out their grants in this State.
A bill to require foreigners or aliens to produce proof of
naturalization.
A bill to compel persons living out of Houston county, who
own property taxable therein, to pay tax in said county of
Houston.
A bill to authorise the Justices of the Inferior Court of the
county of Macon, to levy an extra tax for the year 1841.
A bill to remit a forfeiture incurred by Thomas McGrifi
and others.
A bill to compel the Tax Collector of Heard county, to
pay oyer to the County Treasurer, the Tax collected by him.
^ A bill requiring the Sheriff of Houston county to advertise
his sales in the Macon Messenger and Georgia Telegraph.
_ A bill to alter and fix the time of holding the Inferior Courts
in the county of Muscogee.
. A billto repeal an act entitled an act to consolidate the of*
fices of Tax Collectors and Receivers, so far as relates to the
counties of Baldwin, Chattooga, Franklin, Gwinnett, Heard,
Upson, Wilkes, Mcintosh, Thomas, Jefferson, Cobb, Han-
77
cock, Dooly and Marion, passed on the 9th day of Decem¬
ber, 1839, so far as relates to the county of Upson.
A bill to grant the rights and privileges of citizenship to
George Ward and his descendants, a descendant of the
Cherokee tribe of Indians, and to remove all legal disabilities
heretofore imposed upon him in consequence of the same.
A bill to appropriate money for the political year 1841,
was read the second time and referred to the committee on
Finance,
The following bills were severally read a second time and
referred to the respective consolidating committees, to wit:
A bill to alter and change the names of certain persons
therein named, and to legitimatize the same.
A bill to alter and change the names of certain persons
therein named, and to legitimatize the same.
A bill to alter and change the name of Miriam Queen to
that of Miriam Powell.
A bill to authorise Seaborn N. Jones, of the county of Mon¬
roe, to plead and practice Law in the several Courts of Law
and Equity in this State.
A bill to incorporate Hebron Academy, and to appoint
Trustees for the same.
A bill to incorporate the Americus Camp Ground, in the
county of Sumter, and to appoint Trustees tor the same.
A bill to establish an additional election pfcecinct in the
county of Greene.
A bill to establish an additional election precinct in the
county of Forsyth.
A bill to change the election precinct in Rutland's district,
in the county of Bibb.
A bill to change the names of certain persons therein nam¬
ed.
A bill to form additional precincts in the county of Hous¬
ton.
A bill to change, and establish election precincts in the
county of Rabun.
A bill to change the place of holding the precinct election
in the 12th district of Troup county, from Posey Johnson's
to Harrisonville, in said district.
Mr. Stone from the committee on enrolment, reported as
duly enroled, the following bill, to wit:
An act to legalize the adjournment of the Superior Court
for the county of Thomas, and to change the time of holding
the Superior courts in the county of Bullock.
The following message was received from the Senate, by
Mr. Bailey, their Secretary, to wit:
Mr. Speaker.-*-1 am directed to inform the House of Rep¬
resentatives of the death of the Hon. James Thompson,
Senator from the county of Walker; and the Senate has a-
greed to a resolution expressive of their condolence of the
78
afflictive -dispensation of Divine Providence for this melan-
cholly occurrence; and has appointed a committee to join
such committee as may be appointed on the part of the
House of Representatives, to make suitable arrangements for
the interment of the deceased. The committee named on
the part of the Senate, are Messrs. Bishop, McAfee, Beall,
Smith of Twiggs, and Camp—to which the concurrence of
the House of Representatives is desired.
The House took up the resolution from the Senate, mak¬
ing arrangements for the interment of the Hon'ble James
Thompson, Senator from Walker county, and concurred
therein ;—and on the part of the House, the Speaker ap¬
pointed the following committee :—Messrs. Smith, Dixon of
Walker, Welborn, Morris of Cobb, Gathright, Stroud of
Walton, Osborne, Pryor, and O'Neal.
Mr. Osborne from the committee appointed to wait on the
Secretary of State and Surveyor General, and ascertain
from them the number of additional Clerks necessary to be
employed in their Offices, made a report, which was laid on
the table for the present.
The House then adjourned until 3 o'clock this afternoon.,
Three O'clock, p. m.
The House met pursuant to adjournment.
The following message was received from the Senate by
Mr. Bailey, their Secretary:
Mr. Speaker—The joint committee appointed by the Sen¬
ate and House of Representatives, in pursuance of a resolu¬
tion agreed to and concurred in by the same, have made a
report of the order and manner for the interment of the body
of the lamented James Thompson, deceased, late Senator
from the county of Walker—which report of the said com¬
mittee, the Senate has adopted, and respectfully desires the
concurrence of the House of Representatives.
On motion, the House took up the report from the Senate
of the order and arrangement for the interment of the body
of James Thompson deceased, late Senator from Walker
county, and concurred therein.
• On motion of Mr. Osborne,
Resolved, That when the House adjourns, it will adjourn
until 9 o clock to-morrow morning.
o'clock ^011Se t^16n a<y°urne(^ until to-morrow morning 9
79
WEDNESDAY, November 18, 1840.
Leave of absence was granted to Messrs. Jones, of Har¬
ris, and Howard, after to-day, for a few days, on special
business; and to Mr. O'Neal, after to-morrow, for a few days,
on special business.
Mr. Keaton introduced a bill to change the time of hold¬
ing the Superior Courts, of certain counties therein named,
in the Chattahoochee circuit; which was read the first time.
Mr. Warren introduced a bill for the relief of Executors,
Administrators, and Guardians, in certain cases; and to
prescribe and define additional duties and liabilities of the
Clerks of the Courts of Ordinary, in this State; which was
read the first time.
Mr. Price introduced a bill to appropriate a sum of money.
to lay out and put in good order, a road from Dahlonega,
Lumpkin county, over the Blue ridge, at Cooper's Gap;
from thence to William Gaddis' in Union county, and from
thence to Tacoah Old Town, on the Tacoah river, and from
thence to the Tennessee line, at or near Duck Town, in Gil¬
mer county, and to appoint commissioners to carry the same
into effect; which was read the first time.
Mr. Wales, from the select committee, appointed on the
petition of sundry citizens of the counties of Union and
Habersham,, praying an act chartering a company, for cer¬
tain purposes therein named, reported a bill to incorporate
the Habersham and Union Turnpike company, and to grant
certain privileges to the same; which was read the first time.
Mr. Hardeman laid on the table a resolution, for reference
to a select commilte of so much of the message of his Ex¬
cellency the Governor, as relates to the claims of Messrs.
Charles Dougherty, James A. Meriwether, and Samuel A.
Wales, for professional services rendered, in defending cer¬
tain cases in the Superior Court of Habersham county.
Mr. Barclay introduced a bill to authorise and empower
the Justices of the Inferior Court of Habersham county, to
levy an extra tax for county purposes; which was read the
first time.
Mr. White, of Jasper, introduced a bill to abolish Election
precints, in the county of Jasper; which was read the first
time.
Mr. Jones, of Harris, introduced a bill to repeal an act,
entitled an act, to establish election districts in the several
counties therein named, so far as relates to the county of
Harris; which was read the first time.
Mr. Stewart, of Mcintosh, introduced a bill to add a part
of the county of Mcintosh to the county of Liberty; and
also, a part of the county of Liberty to the county of Mcin¬
tosh ; v^hich was read the first time.
Mr. O'Neal introduced a bill to change the place of hold-
80
ing "elections m one of the election precincts in the county
of°Monroe; which was read the first time.
Mr. Hubbard introduced a bill to authorize the Justices
of the Inferior Court of Oglethorpe county, to levy an extra
tax for the purpose of building a new jail in said county;
which was read the first time.
Mr. Fitzpatrick introduced a bill to repeal an act, to alter
and fix the time of holding the Inferior Courts in the county
of Twiggs; which was read the first time.
Mr. Shropshire, from the committee to whom was referred
the petition of sundry citizens of Chattooga county, praying
to be added to the county of Floyd, reported a bill to add a
part of the twenty-fifth district of Chattooga county to the
county of Floyd; and more fully to define and provide for
the running of the dividing line between the counties of
Chattooga and Floyd; which was read the first time.
Mr. Erwin introduced a bill to amend the act to extend to
all persons imprisoned for debt, the privilege of prison
bounds, approved the 22d day of December, 1821; and the
amendatory act thereto, approved the 24th December, 1824;
which was read the first time.
Mr. Price introduced a bill to appropriate*a sum of money
to complete a road from Elijay, in Gilmer county, to the
Federal road, in Murray county, and to appoint commis¬
sioners for the same; and to enable the commissioners ap¬
pointed on said road, to complete the same; and to define the
duties of said commissioners; which was read the first time.
Mr. Foster introduced a bill declaratory of the force' and
validity of all executions or judgments, issued or entered up
in behalf of co-partners, or against co-partners, where the
partnership style is used or set forth, and the christian and
sirname of the parties omittedand also to declare the force
of bonds, made to partnerships using the common name or
style; which was read the first time.
Mr. Carroll introduced a bill to establish an additional
precinct in the county of Murray; which was read the first
time.
Also—A bill to incorporate the Sandy Spring Academy,
in the county of Murray, and to appoint trustees for the
same; which was read the first time.
Mr. Chipley introduced a bill to repeal an act more effec¬
tually to prevent the evils of private banking, and to stop
the issuing and circulation of the bills and notes of unchar¬
tered banks, private bankers, and the bills and notes usually
called change bills, approved December 19th, 1818; and
further to repeal all fines, penalties, and extraordinary taxa¬
tion, against persons of this State, for issuing bills, and to
restore to them the right and privileges enjoyed by the banks,
corporations, and monopolies of this State; which was read
the first time.
81
Mr. Emanuel introduced a bill to incorporate the Liberty
Hill Baptist Church, in the county of Talbot; which was
read the first time.
Mr. Mann, of Tattnall, introduced a bill to change the
name of Lemuel Ames to that of Lemuel Smith; which
Was read the first time.
Mr. Lynch introduced a bill to amend the several acts of
this State, in relation to Divorces; which was read the
first time.
Mr. Taylor introduced a bill to explain an act, entitled
an act to amend an act to compensate the superintendents of
precinct elections of Troup, Harris, and Richmond coun¬
ties, assented to December 20th, 1839, so far as relates to
the county of Troup; which was read the first time.
On a motion to suspend the rule, for the purpose of taking
up the resolution of Mr. Martin, of Gwinnett, to apportion
the various parts of the Governor's message, to the respec¬
tive standing committees, Mr. Stroud, of Walton, proposed
as a substitute that a select committee of five be appointed
for said purpose; which was agreed to, and Messrs. Stroud,
of Walton, Toombs, Flournoy, of Washington, Rodgers,
and Osborne, were named as such committee.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary.
Executive Department, >
Milledgeville, 17th Nov. 1840. )
I have the honor to lay before the General Assembly, the
Copy of a letter from Mr. R. M. D.J. Elliott, who represents
the claim of the heirs of David McCullough, deceased, in
which he complains of an oversight in what he conceives to
be an important matter, by the commissioners who investi¬
gated that claim, and made their report to the last Legisla¬
ture. Agreeably to the request contained in that letter, I
present the case to your consideration, that if any error has
been committed by the commissioners, it may be corrected.
I received a short time since, a letter from the Rev. James
L. Daniel, formerly of Georgia, but now of Alabama, ask¬
ing me to present to the Legislature, a claim for compensa¬
tion for a waggon and team of mules, pressed into the ser¬
vice by Captain Home, during the Creek war, and which
were never recovered by Mr. DanieL If the fact be as
stated, it presents a strong claim upon the justice of the
State, for the value of the property lost.
I was informed in January last, by Early Varner, .Esq.,
that a murder had been committed by David Patton, on the
body of Miles Jennings, in Oglethorpe county, and that Pat-
ton had absconded; this information was unaccompanied
by a description of Patton. Before I could obtain one, I
Was informed that he had been arrested in the State of Mis-
6
82
sissippi. Mr. Solomon Jcnmngs has been at consider&big
expense in procuring' the arrest and delivery of the said
Patton, to the authorities of Oglethorpe county; and as no
reward had been offered, I did not feel warranted in defray,
ing any part of these expenses, but I promised Mr. Jennings
that I would place the matter before you, and that I did not
doubt that what was just, would be done. Mr. Jennings, in
a letter to me, states that his expenses in Mississippi, includ¬
ing the employment of counsel, amounted to one hundred
and eighty-three dollars, and that he paid the agent employ¬
ed to bring him to Georgia, one hundred and fifty dollars,
with a promise that he should have in addition, such reward
as should be offered by the State, for his apprehension.
These facts are all submitted to your consideration, upon
which you will decide whether you will establish the pre¬
cedent of paying such claims. The usual reward offered
in such cases, is one hundred and fifty dollars, and had the
reward been offered before the arrest, nothing more could
have been demanded; but no reward having been offered,
it remains for you to say whether you will appropriate the
usual amount, or more, to defray these expenses.
charles j. Mcdonald.
The House proceeded to the special order of the day, to
wit: the resolutions of Mr. Flournoy, of Washington, in¬
structing our Senators and requesting our Representatives
in Congress, to vote for the repeal of the Independent Trea¬
sury Act.
Mr. Stiles moved to lay them on the table for the balance
of the session.
Whereupon, the yeas and nays were required to be re¬
corded, and are yeas 81, nays 95.
Those who voted in the affirmative, are Messrs.
Anderson, of Chat- Dark, Hibbert,
ham, Dawson, Hudgins,
Anderson, of Frank- Dixon, of Walker, Hunter,
lip> Ellis, Johnson, of Appling,
Atkinson, Erwin, Jones, of Franklin,
Barclay, Farnall, , Keaton,
Beavers, Fitzpatrick, Lawson,
Black, Gathright, Lee,
Boothe, Green, of Pike, Lefils,
Brown, of Fayette, Hall, Liddle,
Bryan, of Wayne, Hammond, Mays, of Cobb,
Carlton, Hardage, McDuffie,
Cannon, Harrison, of Ran- McMillen of Jackson
Carroll, dolph, Mitchell,
Chandler, Harris, Moon
£°UieJV i j Hatcher, Morris, of Cobb,
Crutchfield, Hendry, Morris, of Murray*
Moultrie, Robinson, of J asper, Sumner,
Murphey, of Wil- Rodgers, Tanner,
kinson, Sanders., T arver,
Neal, Sanford, Thompson,
Nixon, Sheffield, Towles,
Palmer, Shropshire, Turner,
Pettee, Smith, Webb,
Pitts, Stewart of Mcintosh Welborne,
Price, Stiles, White, of Pike,
Read, Stone, Williams, of Bulloch
Roberts, Stroud, of Walton, Wilson.
Those who ■voted in the negative, are Messrs.
Alexander, Franks,
Anderson of WarrenGreene, of Macon,
Bell,
Bentley,
Bethea,
Boynton,
Brown, of Bibb,
Bryan, of Houston, Hines,
Burt, Hubbard,
Hagerman,
Hardeman,
Hardman,
Hardy,
Harrison, of PutnamRea,
Reeves,
Reynolds,
O'Neal,
Osborne,
Parks,
Pitman,
Preston,
Pryor,
Covenah,
Chapman,
Chester,
Chipley, Jones, of Harris,
Cooke, King,
Craft, Linder,
Crawford, of Ogle- Long,
thorpe, Lowe,
Crawford, of SumterLoyall,
Cutright, Lynch,
Daniel, of Green, Mann, of Morgan,
Daniel, of Thomas, Mann, of Tattnall,
Darden, of Troup, Martin, of Morgan,
Johnson, ofHeard, Rhodes,
Johnson, of Troup, Richardson,
Jones, of Columbia, Robertson, of Co¬
lumbia,
Robinson of Laurens
Sapp,
Sermons,
Shaw,,
Stephens,
Stroud, of Clark,
Taylor,
Thomas,
Trayler,
Darden of Warren, Martin, of Gwinnett, Waldhour,
Delauney, Maxwell,
Dickson, of Talbot, May, of Warren,
Dodson, McCall,
Emanuel, McCrimmon,
Flournoy, of Mus- McGahagan,
cogee, McMath,
Flournoy, of' Wash- McMillian, of
ington, Thomas,
Ford, of Lee, Moore,
Foster, Nash,
Wales,
Walker,
Warren,
West,
Whigham, of Marion
White, of Jasper,
Whitworth,
Williams, of Harris,
Williams, of T albot,
Wingfield.
So the motion was rejected.
The first section to wit: "Thatthe Independent Treasury
bill, is anti-republican and oppressive," being under consid¬
eration, Mr. Flournoy moved to strike the words "is anti-
84
republican and oppressive," and insert in lieu thereof, the
words, "is impolitic, oppressive, and should be repealed."
Upon the motion to insert, the yeas and nays were requir¬
ed to be recorded, and are yeas 99, nays 79.
Those who voted in the affirmative, are Messrs.
Alexander, Foster, O Neal,
Anderson of WarrenFranks, Osborne,
Bell, Greene, of Macon, Parks,
Bentley, Hagerman, Pitman,
Bethea, Hampton, Preston,
Black, Hardeman, Pry or,
Boynton, Hardman, Rea,
Brown, of Bibb, Harrison, of PutnamKeeves,
Brown, of Houston, Hines, Reynolds,
Bryan, of Houston, Hubbard, Rhodes,
Burt, Johnson, of Heard, Richardson,
Covenah, Johnson, of Troup, Robertson', of Co-
Chapman,- Jones, of Columbia, lumbia,
Jones, of Harris,
King,
Linder,
Lons
Chester,
Chipley,
Cooke,
Craft,
Crawford, of Ogle- Lowe,
thorpe, Loyall,
Crawford of Sumter Lynch,
Cutright, Mann, of Morgan,
Daniel, of Greene, Mann, of Tattnall,
Daniel, of Thomas, Martin, of Morgan,
Robinson of Laurens
Sapp,
Sermons,
Shaw,
Stephens,
Stroud, of Clark,
'Taylor,
Thomas,
Toombs,
Trayler,
Darden, of Troup, Martin, of Gwinnett, Waldhour,
Wales,
Walker,
Warren,
West,
Whigham of Marion
White, of Jasper,
Whitworth,
Williams, of Harris,
Williams, of Talbot,
Wingfield.
Darden, of Warren, Maxwell,
Davenport, May, of Warren,
Delauney, McCall,
Dickson, of Talbot, McCrimmon,
Dodson, McGahagan,
, Emanuel, McMath,
Flournoy, of Mus- MeMillian, of
cogee, Thomas,
Flournoy, of Wash- Moore,
ington, . Morris, of Cobb,
Ford, of Lee, Nash,
Those who voted in the negative, are Messrs.
Anderson, of Chat- Brown, of Fayette, Dark,
ham, Bryan, of Wayne, Dawson,
Anderson, of Frank- Carlton, Dixon„of Walker,
lin, Cannon, Ellis,
Atkinson, Carroll, Erwin
Barclay, Chandler,. Farnall
Beavers, Collier, Fitzpatrick,
- Boothe, Crutchfield, Gathright,
85
Green, of Pike, McDuffie, Sanford,
Hall, McMillen of JacksonSheffield,
Hammond, Mitchell, Shropshire,
Hardage, Moon, Smith,
Harrison, of Ran- Morris, of Murray, Stewart of Mcintosh
dolph, Moultrie, Stiles,
Harris, Murphey of DeKalbStone,
Hatcher, Murphey, of Wil- Stroud, of Walton,
Hendry, kinson, Sumner,
Hibbert, Neal, Tanner,
Hudgins, Nixon, Tarver,
Hunter, Palmer, Thompson,
Johnson, of. Appling, Pettee, Towles,
Jones, of Franklin, Pitts, Turner,
Keaton, Price, Webb,
Lawson, Read, Welborne,
Lee, Roberts, White, of Pike,
Lefils, Robinson, of Jasper, Williams of Bulloch
Liddle, Rodgers, Wilson.
Mays, of Cobb, Sanders,
So the motion was agreed to.
Mr. Toombs moved to strike out the .remainder of the re¬
solutions, which was carried.
Mr. Flournoy moved to agree to the preamble and resolu¬
tion as amended.
Mr. Hardage offered the following, as an additional re¬
solution.
Resolved, That in the opinion of .this General Assembly,
the Congress of the United States have not the right, under
the Constitution, to grant a charter for a National Bank.
When Mr. Chipley moved that the House now adjourn,
which was carried, and the House was consequently ad¬
journed to 9 o'clock, to-morrow morning.
THURSDAY, November 19, 1840.
Mr. Gafbrigh't moved to reconsider so much of the Jour¬
nal of yesterday, as relates to striking out the fourth reso¬
lution offered by Mr. Flournoy, of Washington, to wit:
"Sec. 4. Beit further resolved, That we look forward to
the election of General Harrison, as the period for the com¬
mencement of a long and glorious day of prosperity to the
people of this country, and for a practical Operation of those
great principles, which all true democrats have ever sup
ported."
86
Whereupon, the yeas and nays- were required to be ro
corded, and are yeas 74, nays 88.
Those who voted in the affirmative, are' Messrs.
Anderson, of Chat-- Green, of Pike, Pitts,
ham, Hammond',
Anderson, of Frank-Hardeman,
Harris,
Hendry,
Hibbert,
Hines,
Price,
Read,
Robertson, of Co¬
lumbia,
Robinson, of Jasper,.
Rodgers,
Sanders-,
Sapp,
Jones, of Franklin, Shropshire,
Keaton, Smith,
Lawson, Stephens,
Lowe, Stewart, ofMcIntosb
Mays, of Cobb, Stiles,
Crawford, of SumterMcMatb, Stroud, of Walton,
Crutchfield, McMillenof Jackson Sumner,
Mitchell, Tanner,
Moon, Taylor,
Moultrie, Towles-,
Murphey, of DeKalbW ales,
Murphey, of Wil- Webb,
kinson, Welborne,
Neal, White, of Pike,
Williams, of Bulloch
Williams, of Talbot,
lin,
Atkinson,
Beavers,
Bethea,
Brown, of Fayette:,, Hudgins,
Bryan, of Waynes Hudson,
Carlton-,
Carroll,
Chandler,
Chipley,
Collier,
Hark,
Bawson,
Dixon, of Walker,
Hufour,
Erwin,
F arnall,
Fitzpatrick,
Flournoy, of Mus- Nash,-
eogee,: Nixon
Palmer,
Wingfield.
Ford, of Lee,
Gathright,
Those who- voted in the negative, are Messrs1.
Alexander, Daniel, of Thomas, Harrison, of Ran-
Anderson of WarrenHarden, of Troup, dolph
Bell
Bentley,
Black,
Boynton,
Brown, of Bibb,
Harden, of Warren, Hitchcock,
Davenport, Hubbard,
Dickson;, of Talbot, Johnson, of Appling
Dodson, Johnsonv of Heard,
Emanuel, Johnson, of Troup,
Bryan, of Houston, Flournoy, of Wash- Jordan,
Burt,
Covenab,
Chapman*,
Chester',
Cooke,
Craft,
Crawford, of Ogle- Hardagey
thorpe, Hardman,
Outright, Hardy,
mgton,
Foster,
Franks,
Greene, of Macon,
H'agerman,
Hamptony
King,
Lee,
Lefils,
Liddle,]
Linder,
Long,
Lynch,
Mann, of Morgan",
Mann, of Tattnall,
Daniel, of Green, Harrison, of Putnam Martin, of Morgan,
87
Martin, of Gwinnett, Pitman, Stone,
Maxwell, Preston, Stroud, of Clark,
McCall, Pryor, Thomas,
McCrimmon, Rea, Thompson,
McGahagan, Reeves, Toombs,
McMillian, of Reynolds, Trayler,
Thomas, Rhodes, Waldhour,
Meadows, Richardson, Walker,
Moore, Roberts, Warren,
Morris, of Gobb, RobinsonofLaurensWest,
Osborne, Sanford, Whigham, of Marion
Parks, Sermons, Whitworth.
Pettee, Shaw,
So the House refused to reconsider.
Leave of absence was granted to Messrs. Brown, of Hous¬
ton, Daniel, of Greene, and Darden, of Troup, for a few
days, on special business; also, to Mr. May, of Warren, for
a few days, on account of sickness in his family; also, to
Mr. McMath, for a few days, after to-day, on especial busi-
'ness; and also, to Mr.^Covenah, for a few days, after Satur¬
day next, on business of importance.
The Speaker announced from the Chair, a communication
from the President and Cashier of the Central Bank; which
was read and laid on the table.
The House then took up the unfinished business of yes¬
terday, to wit: the preamble and resolutions of Mr. Flour-
noy, of Washington, as amended, and the amendment offer¬
ed by Mr. Hardage.
Mr. Chipley offered the following as a substitute for the
resolution offered by Mr. Hardage, on yesterday, to wit.
Be it further resolved by the authority aforesaid, That the es¬
tablishment of a National Bank is expedient and proper, for
the collection, safe-keeping and disbursement of the public
revenue, and that such an institution is necessary to the per¬
manent welfare and prosperity of the people of the United
States.
Mr. Dickson, of Talbot, moved that the previous question
be now put; and on the question, shall the main question now
be put? the yeas and nays were required to be recorded,
and are yeas 75, nays 98.
Those who voted in the affirmative, are Messrs.
Alexander, Burt, Cutright,
Anderson, of War- Chapman, Daniel, of Greene,
ren, Chester, Daniel, of Thomas,
Bell, Chipley, Darden, of Troup,
Bentley, Craft, Darden, of Warren,
Boynton, Crawford, of Ogle- Davenport,
Brown, of Bibb, thorpe, Dickson, of Talbot,
Bryan, of Wayne, Crawford, of SumterDodson,
8S-
Emanuel, Mann, of Morgan, Reeves-,
Flourooy, of Mus- Mann, of Tattnall, Reynolds,
cogee, Martin, of Morgan, Rhodes,
Flournoy, of Wash- ]Vlartm,of Gwinnett,Richardson,
ington,
Franks,
Hagermany
Hampton,
Hardman,
McCrimmon,
McGahagan,
McMath,
McMillian,. of
Thomas,
Harrison, of PutnamMeadows,
Hines, Moore,
Hitchcock, Morris, of Cobb,
Hubbard, Nash',
Johnson, of Heard, O'Neal,.
Johnson, of Troup, Osborne,
King^ Parks,
Linder, Pitman,
Long, Preston,
Loyall, Pryor,
Those who voted in the negative, are Messrs.
Anderson, of Chat- Green, of Pike, Moon,
ham, Hammond, Morris, of Murray,
Anderson, of F rank-Hardage, Moultrie,
Sapp,
Sermons,
Shaw,
Stiles,
Stone,
Stroud, of Clark,
Thomas,
Trayler,
Turner,
Walker,
Warren,
Whigham, of Marion
Whitworth,
Williams, of Harris.
lin,
Atkinson,
Barclay,
Beavers,
Bethea,
Black,
Boothe,
Brown, of Fayette,
Carlton,
Cannon,
Carroll,
Covenah,
Chandler,
Cooke,
Crutchfield,
Hark,
Hawson,
Dixon, of Walker,
Dufour,
Erwin,
Fa mail,
Fitzpatrick,
Ford, of Lee,
Foster,
Gathright,
Greene, of Macon,
Hardeman, Murphey, ofDeKalb
Harrison, of Ran- Murphey,of Wilkin-
dolph-, son,
Harris, Neal,
Hatcher, Nixon,
Hendry, Palmer,
Hibbert, Petteey
Hudgins, Pitts,
Hudson, Price,
Hunter, Rea,
Johnson, of Appling,Read,
Jones, of Franklin, Roberts,
Jones, of Monroe, Robertson, of Co-
Jordan,
Keaton,
Lawson,
Lee,
Lefils,
Liddle,
Lowe,
Lynch,
Mays, of Cobb,
McCall,
McDuffie,
lumbia,
Robinson, of Jasper,
Robinson of Laurens
Rodgers,
Sanders,
Sanford,
Sheffield,
Shropshire,
Smith,
Stephens,
Stewart, ofMcIntosh
McMillen of JacksonStroud, of Walton,
Mitchell, Sumner,
89
Tanner,
Taylor,
Thompson,
Toombs,
Towles,
Waldhour,
So the motion was lost.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary, to wit:
Executive Department, )
Milledgeville, 18th Nov., 1840. )
I have the honor to transmit to the General Assembly,
the copy of an affidavit, made by citizens of the county of
Sumter, proving that a most flagrant outrage upon the elec¬
tive franchise has been committed by a mob, by which it
was doubtless intended that the will of a portion of the free
people of this State, in the choice of their rulers, should be
defeated.
The necessity of additional legislation, to secure the free¬
dom and purity of elections, is daily made manifest by the
violence and frauds that are committed. I hope you will
not permit this session to pass without giving to the subject
that consideration to which its great importance entitles it.
charles j. Mcdonald.
Mr. Stephens moved to suspend the order of the day, for
the purpose of taking up the same; which was agreed to.
Mr. Crawford, of Sumter, moved to refer the message and
accompanying document, to a select committee.
Whereupon, the yeas and nays were required to be re¬
corded, and are yeas 102, nays 74.
Those who voted in the affirmative, are Messrs.
Alexander, Crawford of SumterFranks,
Anderson of WarrenCutright, Greene, of Macon,
Bell, Daniel, of Greene, Hagerman,
Bentley, Daniel, of Thomas, Hampton,
Bethea, Darden, of Troup, Hardman,
Black, Darden, of Warren, Hardy,
tBoynton, Davenport; Harrison of Putnam
Brown, of Bibb, Dawson, Hines,
Burt, Delauney, Hitchcock,
Carlton, Dickson, of Talbot, Hubbard,
Covenah, Dodson, Hudson,
Chapman, Emanuel, Johnson, of Heard,
Chester, Flournoy, of Mus- Johnson, of Troup,
Chipley, cogee, Jones, of Monroe,
Cooke, Flournoy, of Wash- Jordan,
f;Craft, ington, Linder,
^Crawford, of Ogle- Ford, of Lee, Long,
thorpe, Foster, Lowe,
Wales,
Webb,
Welborne,
West,
White, of Jasper,
White, of Pike,
Williams, of Bulloch
Williams, of T albot,
Wilson,
Wingfield.
90
Loyall, Osborne,
Lynch, Parks,
Mann, of Morgan, Preston,
Mann, of Tattnall, Pryor,
Martin, of Morgan, Rea,
Martin, of Gwinnett,Read,
Maxwell, Reeves,
McCall, Reynolds,
McCrimmon, Rhodes,
McGahagan, Richardson,
McMath,
McMillian, of
Thomas,
Meadows,
Moore,
Morris, of Cobb,
Murphey, ofDeKalbStephens,
Nash, Stone,
Stroud, of Clark,
Taylor,
Thomas,
Toombs,
Trayler,
Waldhour,
Wales,
Walker,
Warren,
West,
Robertson, of Co- Whigham of Marion
lumbia, White, of Jasper,
Robinson of L aureus Whitworth,
Sapp, Williams, of Harris,
Sermons, Williams of Talbot,
Shaw, Wingfield,
Wooten.
. Those who voted in the negative, are Messrs.
Anderson, of Chat- Hardeman, Nixon,
ham, Harrison, of Ran- PaliUer,
Anderson, of Frank- dolph, Pettee,
lin, Harris, Pitts,
Atkinson, Hatcher, Price,
Barclay, Hendry, Roberts,
Beavers, Hibbert, Robinson, of Jaspef,
Boothe, Hudgins, Rodgers,
Brown, of Fayette, Hunter, Sanders,
Bryan, of Wayne, Johnson, of Appling,Sanford,
Cannon,
Carroll,
Chandler,
Collier,
Crutchfield,
Dark,
Dixon, of Walker,
Dufour,
Ellis,
Erwin,
F arnall,
Fitzpatrick,
Gathright,
Green, of Pike,
Hammond,
Hardage,
Jones, of Franklin, Sheffield,
Keaton,
Lawson,
Lee,
Lefils,
Liddle,
Mays, of Cobb,
McDuffie,
McMillen of JacksonThompson,
Mitchell, Towles,
Moon, Turner,
Morris, of Murray, Webb,
Moultrie,
Shropshire,
Smith,
Stewart of Mcintosh
Stiles,
Stroud, of Walton,
Sumner,
Tanner,
Welborne,
Murphey, of Wil- White, of Pike,
kinson, Williams of Bulloch
Neal, Wilson.
So the motion was agreed to.
Mr. Hardage moved that said select committee shall con¬
sist of nine; which being declared to be lost, Mr. Cannon
91
:d for the yeas and nays, which were recorded, and are?
, 68, nays 95.
hose who voted in the affirmative, are Messrs.
day, Hatcher, Pettee,
vers, Hendry, Pitts,
tley, Hibbert, Price,
;vn, of Fayette, Hudgins, Read,
an, of Wayne, Hunter, Roberts,
ton, Johnson, of Appling,Robinson, of Jasper,
.fion, Jones, of Franklin, Robinson of Laurens
loll, Keaton Rodgers,
'idler, Law son, Sanders,
,„;ter, Lee, Sanford,
'-oilfield, Lefils, Shropshire,
'-5, Linder, Smith,
n, of Walker, Long, Stewart of Mcintosh
, Mays, of Cobb, Stroud, of Walton,
in, McHuffie, Sumner,
latrick, McMillen of Jackson Tanner,
right, Mitchell, Tarver,
n, of Pike, Moon, Thompson,
mond, Morris, of Murray, Towles,
lage, Neal, Welborn,
ison, of Ran- Nash, White, of Pike,
Iph, Nixon, Whitworth,
is, Palmer, Wilson,
use who voted in the negative, are Messrs.
mder, Delauney, Liddle,
rsonof WarrenDickson, of Talbot, Lowe,
Dodson, Loyall,
la, Emanuel, Lynch,
i, Flournoy, of Mus- Mann, of Morgan,
ton, cogee, Mann, of Tattnall,
[in, of Bibb, Flournoy, of Wash- Martin, of Morgan,
ington, Martin, of Gwinnett,
fiah, Ford, of Lee, Maxwell,
tnan, Foster, McCall,
ey, Franks, McCrimmon,
Greene, of Macon, McGahagan,
Hagerman, McMath,
ford, of Ogle- Hampton, McMillian, of
rpe, Hardeman, Thomas,
ford, of SumterHardy, Meadows,
jjght, Hines, Moore,
l|l, of Greene, Hitchcock, Morris, of Cobb,
1, of Thomas, Hubbard, Murphey ofDeKafb
:n, of Troup, Hudson, Murphey, of Wil¬
li, of Warren, Johnson of Heard, kinson,
Alport, Johnson, of Troup, O'Neal,
92
Osborne,
Parks,
Pitman,
Preston,
Pryor,
Rea,
Reeves,
Reynolds,
Rhodes,
Richardson,
Robertson, of
lumbia,
So the motic
Sapp,
Sermons,
Shaw,
Sheffield,
Stephens,
Stiles,
Stroud, of Clark,
Taylor,
Thomas,
Toombs,
Co- Trayler,
Waldhour,
i was lost.
Wales,
Walker,
Warren,
West,
Whigham of Mario
White, of Jasper,
Williams of BulWii
Williams, ofHarris
Williams, of Talbm
Wingfield,
Wooten.
Mr. Crawford, of Sumter, moved that said committee
shall consist of five; which was agreed to.
Mr. Hardeman moved that said committee have the right
to send for persons; which was also agreed to. i
The Speaker then appointed Messrs. Crawford, of Sumterj
Stiles, Chipley, Stephens, and Murphey of DeKalb. |
The following message was received from the Senate, bj
Mr. Bailey, their Secretary, to wit:
Mr. Speaker: The Senate has passed a bill for the pardoi
of James Hunter; also, has agreed to a resolution for tbi
purpose of authorizing his Excellency the Governor, to caus
to be erected a monumental tomb, over the remains of tb
Honorable James Thompson, deceased, late Senator fron
the -county of Walker, and for other purposes, to which th
concurrence of the House of Representatives is desired.
Mr. Shaw moved the further suspension of the order o
the day, for the purpose of taking up his resolution, to wit:
Resolved, That the Directors of the Central Bagk do re
port to this branch of the General Assembly, as soon a
practicable, at what time said bank will be able to resunn
specie payments; which was read and agreed to.
The House took up the special order of the day to wit
the report of the Committee of the Whole, on the bill to rtj
peal the second and third sections of an act to appoint eleven
additional trustees of the University of Georgia, and M
provide a permanent additional fund for the support of tie
same, and for other purposes. ]
The report was agreed to, and on motion of Mr. Stephen',,
laid on the table for the present.
The House took up the report of the Committee of tl;>
Whole, on the bill to establish and fix the fees of sherid-,
constables, and other officers, in certain cases. I
The report was agreed to. j
The bill was read the third time, and on the questta
Shall this bill now pass? it was determined in the affirm^-'
93
Whereupon, the yeas and nays were required to be re¬
ded, and are yeas 106, hays 50.
Those "who voted in the affirmative, are Messrs.
iderson of WarrenHardy, Osborne,
relay,
savers,
ack,
©the,
own, of Fayette,
irt,
.rlton,
tandler,
lapman,
lester,
aft, Jordan,
awford, of Ogle- Keaton,
-thorpe, King,
awford of Sumter Linder,
Ltright, Lowe,
nniel, of Thomas, Loyall,
Harrison,'of PutnamParks,
Hendry, Preston,
Hibbert, Pryor,
Hines, Rea,
Hitchcock, Read,
Hubbard, Reynolds,
Johnson, of Heard, Rhodes,
Johnson, of Troup, Richardson,
Jones, of F ranklin, Robinson of Laurens
Jones, of Monroe, Rodgers,
Shaw,
Shropshire,
Smith,
Stephens,
Stroud, of Clark,
Taylor,
Thomas,
Thompson,
Toombs,
Towles,
urden, of Troup, Lynch,
irden, of Warren, Mann, of Morgan,
irk, Mann, of Tattnall,
, .venport, Martin, of Morgan,
mkson, of Talbot, Martin, of Gwinnett, Trayler,
,xon, of Walker, Maxwell, Turner,
McC all, W aldhoUf,
McCrimmon, Wales,
McDuffie, Walker,
McGahagan, Warren,
McMillen of Jackson W ebb,
White, of Jasper,
Thomas, ' Whitworth,
Meadows, Williams, ofBulloch
Moore, Williams, of Harris,
Morris, of Cobb,' Williams, of Talbot,
Murphey, of Wil- Wilson,
kinson, Wingfield,
Nixon, Wooten,
O'Neal,
: Those who voted in the negative, are Messrs.
Crutchlield,
.gdson,
' aanuel,
. win,
mail,
.zpatrick,
ournoy, of Wash- McMiffian, of
rington,
ster,
t .thright,
ti germ an,
mmond,
>.rdage,
i irdeman,
ihrdman,
pxander, Bethea,
i derson, of Chat- Brown, of Bibb,
lam, Bryan, of Wayne,
o^derson, of Frank-Cannon,
¥ in, Carroll,
:■ sinson, Covenah,
11, Chipley,
$ dtley, Collier,
tU',
Dawson,
Ellis,
Flournoy, of Mus¬
cogee,
Ford, of Lee,
F ranks,
Green, of Pike,
94
Harrison, of Ran- Mitchell,
dolph, Moon,
Harris, Morris, of Murray,
Hatcher, Moultrie,
Hudgins, Neal,
Hunter, Nash,
Johnson of Appling, Palmer,
Lawson,
Lee,
Liddle,
Long,
Mays, of Cobb,
Sanders,
Sapp,
Sheffield,
Stewart of Mdnto
Stone,
Stroud, of Walton
Sumner,
Tanner,
Welborne,
West,
Whigham of Maria
White, of Pike. :
Pettee,
Pitts,
Price,
Reeves,
Roberts,
McMath, Robinson, of Jasper, ,
The House took up the report of the Committee of th
Whole, on the bill to prevent the driving of cattle from dij
tempered parts or sections, into the counties of Gilmer, Uniuj
Rabun, and Habersham; and several amendments "
proposed,
Mr. Ford, of Lee, moved to lay the report and amend
ments upon the table for the balance of the session;
was determined in the affirmative; and the yeas and naj
being required to be recorded, were yeas 118, nays 50.
Those who voted in the affirmative, are Messrs.
Anderson, of Frank-Dickson, of Talbot, Jordan,
lin, Dodson, Keaton,
Anderson of War renEmanuel, Lawson,
Erwin, Lee,
F arnall, Liddle,
Flournoy, of Wash- Linder,
Atkinson, ■
Beavers,
Bed,
Bentley,
Black,
Boynton,
Brown, of Bibb,
Burt,
Covenah,
Chapman,
Chester,
Cooke,
Craft,
Crawford, of Ogle- Harris,
thoqoe, Hatcher,
Crawford of Sumter Hendry,
Crutchfield, Hines,
Cutright, Hitchcock,
Daniel, of Thomas, Hubbard,
Darden, of Troup, Johnson, of Heard, Moore,
Darden,of Warren, Johnson, of Troup, Muiphey, of Ml
Dark, Jones, of Franklin, kinson,
Davenport, Jones, of Monroe,
mgton,
Ford, of Lee,
Foster,
Franks,
Green, of Pike,
Hagerman,
Hardage,
Hardeman,
Hardman,
Hardy,
Lowe,
Loyall,
Mann, of Morgan,
Mann, of Tattnall,
Martin, of Morgan
Martin, of Gwinnel
Maxwell,
McCall,
McCrimmon,
McGahagan,
McMath,
McMillian, of
Thomas,
Meadows,
Mitchell,
Moon,
95
Neal, Richardson, Trayler,
Nash, Roberts, Turner,
Nixon, Robinson of Laurens W aldhour,
O'Neal, Sapp, . Walker,
Osborne, Sermons, Warren,
Palmer, Shaw, Webb,
Parks, Sheffield, West,
Pettee, Shropshire, Whigham of Marion
Pitman, Stone, White, of Jasper,
Preston, Stroud, of Clark, White, of Pike,
Pryor, Tarver, Whitworth,
Rea, Taylor, Williams, of Harris,
Reeves, Thomas, Wilson,
Reynolds, Thompson, Wingfield,
Rhodes, Towles, Wooten.
Those who voted in the negative, are Messrs.
Alexander, Gathright, Robertson, of Co-
Barclay, Hammond, lumbia,
Bethea, Harrison, of Ran- Robinson, of Jasper,
Bryan, of Wayne, dolph, Rodgers,
Carlton, Hibbert, Sanders,
Cannon, Hudgins, Sanford,
Carroll, Hunter, Smith,
Chandler, King, Stewart of Mcintosh
Chipley, Lynch, Stiles,
Collier, Mays, of Cobb, Stroud, of Walton,
Dawson, McDuffie, Sumner,
D elauney, McMillen of J acksonTanner,
Dixon, of Walker, Morris, of Cobb, Toombs,
Dufour, Morris, of Murray, Wales,
Ellis, Murphey of DeKalbW elborne,
Fitzpatrick, Pitts, Williams of Bulloch
Flournoy, of Mus- Price, Williams of Talbot.
cogee, Read,
On motion of Mr. Gathright,
The order was suspended, when the bill of the Senate
for the pardon of James Hunter, was read the first time, and
two hundred and ten copies of the evidence ordered to be
printed for the use of the House.
On motion of Mr. Stroud, of Walton,
The order of the day was suspended, for the purpose of
taking up the resolution from the Senate, allowing the Sur¬
veyor-General and Secretary of State, each, three addition¬
al clerks.
The report of the Special Committee, on the above reso¬
lution, was taken up and read, when, on motion, both the
report and resolution were laid on the table for the balance
of the session.
The House was then adjourned until 9 o'clock, to-mor¬
row morning.
96
FRIDAY, November 20, 1840.
Mr. Hunter moved to reconsider so much of the Journal
of yesterday, as relates to the laying on the table for the
balance of the session, the report of the committee of the
whole, on the bill to prevent the driving of cattle from dis¬
tempered parts or sections, into the counties of Gilmer,
Union, Rabun, and Habersham.
The House agreed'to reconsider.
On motion of Mr. Gathright,
The House agreed to reconsider so .much of the Journal
of yesterday, as relates to the laying on the table for the
balance of the session, the resolution of the Senate, allowing
the Secretary of State and Surveyor General, additional
clerks; and the report of the special committee thereon.
Leave of absence was granted to Messrs. Dixon, of Tal¬
bot, and Harrison, of Putnam, for a few days, on account of
indisposition in their families ; to Mr. Johnson, of Appling,
on account of indisposition; to Mr. Lynch, until Monday
next, on account of indisposition in his family; to Mr.
Meadows, for a few days, on special business; to Mr.
Rhodes, for a few days, after to-day, on special business;
and to Messrs. White, of Jasper, and Williams, of Talbot,
for a few days, after Saturday next, on special business.
Mr. Keaton laid on the table a resolution, authorising his
Excellency, to transmit to the county of Baker, a sufficient
number of Prince's Digest, and the Georgia Justice, together
with the Laws and Journals of the present session, for two
new created districts in said county.
Mr. Chester laid on the table a resolution, authorising his
Excellency, the Governor, to draw his warrant on the Treas¬
ury, for the balance of the money now due the county of
Decatur.
Mr. Harrison, of Randolph, introduced a bill, to compel
persons who are not citizens of the county of Randolph, but
who own plantations and negroes in said county, to give in,
and pay tax for, said property, in said county of Randolph;
which was read the first time.
Mr. Chappell introduced a bill to repeal an act, passed
21st December, 1837, entitled an act, for the compensation
of grand and petit jurors of Bibb County ; which was read
the first time.
Also—-a bill to alter and amend the several acts in rela¬
tion to taxes ; which was read the first time.
Mr. Pitts introduced a bill to authorise the commissioners
of the common school fund of Cass County, to pay to the
trustees of the Cass County Academy, certain sums of
money ; which was read the first time.
Mr. Tanner introduced a bill amendatory to the road
laws of this State s which was read the first time.
97
Also—a bill to appropriate a sum of money for the pur¬
pose of making a road across the Lookout Mountain, and to
appoint commissioners to carry the same into effect; which
was read the first time.
Mr. Brown, of Bibb, introduced a bill to repeal an act, to
regulate the intercourse between the banks of this State, and
other institutions and brokers, passed 22d December, 1826 ;
which was read the first time.
Mr. Palmer introduced a bill to alter and amend a part of
the first section of the third article of the Constitution of
the State of Georgia; which was read the first time.
Mr. Price introduced a bill to grant the rights and privi¬
leges of citizenship to certain persons, and their descendants,
of the Cherokee tribe of Indians therein named, and to re¬
move all legal disabilities heretofore imposed on said tribe
of Indians, so far as respects said persons; which was read
the first time.
Mr. Wales introduced a bill to appoint additional trustees
for Habersham County Academy ; which was read the first
time.
Also—a bill to amend an act, entitled an act, to incor¬
porate the Habersham Iron Works and Manufacturing Com¬
pany, passed 25th December, 1837; which was read the
first time.
Also—a bill to amend an act, entitled an act, to incor¬
porate the Mossy Creek Methodist Camp Meeting Ground,
in the county of Habersham, passed 24th December, 1832,
and to appoint trustees for the same; which was read the
first time.
Mr. Thomas introduced a bill for the relief of James L.
Daniel; which was read the first time.
Mr. Barclay introduced a bill to authorise Charles M.
Steelman, to plead and practice law in the several courts of
law and equity in this State ; which was read the first time.
Mr. McDuffie laid on the table a resolution, requesting
our Senators and Representatives in Congress, to procure
the establishment of certain mail routes therein mentioned.
Mr. Maxwell introduced a resolution, authorising his Ex¬
cellency, the Governor, to pay to the Senator from Liberty
County, the amount of common school fund apportioned,
and due said county.
Mr. Green, of Macon, introduced a bill to attach the vol¬
unteer company in Macon County, called the Flint River
Blues, to the second brigade, of the eighth division, G. M.;
which was read the first time.
Mr. Lefils introduced a bill to amend an act incorporating
the city of Darien, assented to, the 3d of December, 1821:
And also, all acts relative thereto ; which was read the first
time.
Isaac Mulkey, Esquire, a member elect from the county
7
m
of Burkd, appeared, produced his credentials, and having
taken the oath prescribed by the Constitution of this State,,
and to support the Constitution of the United States, took
his seat.
Mr. Chipley introduced a bill to amend an act to give to
masons and "carpenters, an incumbrance for debts due on
account of work done, and materials furnished, in building
or repairing" houses, or such houses and the premises to
which they may be attached, and to repeal all laws on the
subject, so far as relates to the counties of Richmond and
. Mcintosh, and in the cities of Savannah, Macon, and Colum¬
bus, passed 22nd December, 1834, so as to give to painters
in the city of Columbus, the like security for debts due on
account of painting done on houses in said city ; which was
read the first time.
Mr. Chipley also laid on- the table the following resolu¬
tion :
Resolved, That his Excellency, the Governor,, be respect¬
fully requested to furnish to this House, a detailed statement
of the vote in the several counties, for annual and biennial
sessions of the General Assembly, together with the aggre¬
gate vote given in each county for members of Congress, on
the first Monday of October last; which, on a suspension of
the order, was taken up, and agreed to.
Mr. Hardman laid on the table a resolution, that so much
of the Governor's message, as relates to the apprehension
and delivery of Jacob Patton, a fugitive from justice, to the
authorities of this State, be taken up, and referred to a
select committee of five.
Mr. Bethea introduced a bill for the relief of securities and
endorsers ; which was read the first time.
Mr. Hatcher laid on the table a resolution, that if a mem¬
ber of this House shall absent himself with, or without leave,
his compensation shall cease during his absence.
Mr. Flournoy, of Muscogee, presented the petition of John
Bethune, of Muscogee County, praying, compensation, for
certain services rendered the State; which was, on motion,
referred to a select committee, consisting of Messrs. Flour¬
noy, of Muscogee, Alexander, and Emanuel, without being
read.
Mr.- ^Williams, of Talbot, also presented a petition for the
relief of Leonard P. Breedlove; which, on motion, was re¬
ferred to a select committee, consisting of Messrs Williams,
of Talbot, Stewart, of Mcintosh, and Atkinson, without
being read.
Mr. Wellborn introduced a bill to incorporate Union and
Lumpkin Turnpike Company ; which was read the first
time.
Mi. Stroud', of Walton, laid on the table a resolution, re-
m
quiring the officers of the Central Bank to report to this
House, at an early day, whether, or not, the appropriation of
six thousand dollars paid to the treasurer of the board of
trustees of the University of Georgia, has been passed to
the credit of the State, in payment of interest on University
bonds.
On motion of Mr. Gathright,
The order of the day was suspended, for the purpose of
taking up the bill of the Senate, for the pardon of James Hun¬
ter ; which was read the second time, and made the special
order of the day for to-morrow.
Mr. McMillian, of Thomas, from the special committee, to
whom was referred the bill to dispose of the ungranted lands
lying in the counties of originally Early, Irwin, and Appling,
reported, as a substitute, a bill to extend the time for taking-
out grants for lands in the counties of originally Early, Irwin,
and Appling, and to provide for the disposition of the same,
if not granted within the time extended.
Mr. Black, from the Committee to consolidate Bills, to
establish, change, and abolish election precincts, reported.
A bill to establish election districts, and to alter some
already established, in the several counties therein named,
and to regulate the same ; which was read the first time.
Leave of absence was granted to Mr. Moore, for a few
days, on special business.
The House resumed the unfinished business of yesterday: '
the consideration of the resolutions offered by Mr. Flournoy,
of Washington, also the additional resolution offered by Mr.
Hardage, and the substitute, by Mr. Chipley, when Mr.
Toombs offered the following preamble and resolutions, as
a substitute for the whole ; which being read, are as follows :
Whereas, an expression of opinion from this General
Assembly, upon some of the leading measures and practices
of the administration of Mr. Van Buren, is required of us,
by reason of his Excellency, the Governor's submitting to
our consideration, an argument in favor of that measure of
folly and wickedness, (which has been repudiated by the
people of the United States,) called, by its friends, the In¬
dependent Treasury Bill, we will avail ourselves of the
occasion to express some of the opinions, of the forty thou¬
sand freemen of Georgia, who differ with his Excellency,
upon that point of national policy, and who are unable to
bring their minds to the conclusion, that that measure will
find greater favor in their eyes, " when its practical effects
are felt and seen and who attribute many of the evils
under which the good people of the whole Union are now
suffering, to those wicked and incompetent rulers, whom the
people have recently hurled from power.
Be it therefore resolved by the Senate and House of Representa¬
tives of the State of Georgia, in General Assembly met, That in
100
the opinion of this General Assembly, the recent defeat
of Martin Van Buren for the Presidency of the United Sta tes,
is an event which should diffuse joy and gladness through¬
out this Republic, for the following reasons, to wit:
1st. Because, without personal merit, or great services,
civil or military, rendered to his countrymen, Mr. Van Buren
was foisted into the Presidential chair, by the power and
patronage of the Federal government, and the popularity of
his predecessor; whose favor he secured by means, upon
the character of which, our silence is an act of forbearance
towards him.
2nd. Because, having thus acquired power, instead of
using it for the benefit of his country, he abused it, by bring¬
ing the patronage of the General Government, in almost
every conceivable form, in conflict with the freedom of elec¬
tions, and acting upon the avowed principles, of some of the
leaders of his party, that, " to the victors belong the spoils,"
he used the power and patronage thus acquired, not as sacred
trusts, to be exercised solely for the public good, but as the
means of strengthening the party, and rewarding the parti¬
sans who supported him, and of securing his own re-elec¬
tion.
3d. Because he has attempted to usurp the first powers of
the legislative department of the government, by asserting
rights not vested in the executive, by the Constitution, and
by using the powers of the Republic, the profits of office,
and the power of party, to destroy all independence of
thought and action, on the part of the Representatives of the
people, and to make them his subservient tools, by reward¬
ing such of them, as the people should reject, for betraying
their direct interests, thus concentrating all power in the
hands of the executive, and thus attempting to make our
government in every thing but the name, an elective mon¬
archy.
4th. Because he has established and practiced upon the
principle, of conferring office upon his partisans, without
reference to their integrity and competency, but with sole
reference to their partisan services, and protected them in
official delinquencies, with the view of subserving party
ends, to the great injury of the public service, to the encour¬
agement of official defalcations, robbery of the public funds,
shameless disregard of public virtue in government officers,
whose evil example has greatly lowered the standard of
public morals.
5th. Because, when he came to the Presidential chair,
our public treasury was full to overflowing; our public credit,
State and National, unlimited; our people prosperous and
happy ; yet, with constant professions of rigid economy, he
and his party, by the most profligate and wasteful extrava¬
gance, have carried up our public expenditures to a point
101
before wholly unheard of in our national annals, and, by that
means, and their gross incompetency, and unfitness to man¬
age our pecuniary affairs, and a series of ruinous and reck¬
less experiments, upon the currency of the country, they
have made our treasury bankrupt, greatly impaired our
public credit, annihilated private capital and credit in thou¬
sands of instances, robbed wealth of its luxuries, compe¬
tency of its comforts, and labor of its bread.
6th. Because, repudiating the principles and practices of
our venerated and patriotic ancestors, impugning their integ¬
rity, aspersing their motives, and contemning their wisdom,
he has sought out in the antiquated despotisms of Europe,
a system for the collection, safe-keeping and disbursement
of our public monies, foreign to our habits, unsuited to our
condition, expensive and unsafe in its operations, and which
will place them in the palms of the hands of his servile offi¬
cials, whose tenure of office is his will, and which violates
that great principle of civil liberty, for which the blood of
our remote ancestors was shed, which requires that the
purse and the sword shall not be united in the same hands,
and that the money of the people shall be under the exclu¬
sive control of the people's representatives ; and a system
also, which makes one currency for the people, and another
and better currency for the servants of the people.
7th. Because, to carry out the last named, odious measure,
he, through his partisans in Congress, trampled under foot
the Broad Seal of New Jersey, (that emblem of her sove¬
reignty and independence,) ousted five citizens, sent to Con¬
gress by the people of New Jersey, to represent their interest,
and put in their rightful places five others, without better
evidence of right, than their willingness to do the will of the
President.
' 8th. Because the happiness and prosperity of our whole
country, require a President of the whole Union, and not of
a party.
9th. Because our people will thereby be delivered from a
military conscription, which seeks to drag them from their
peaceful homes, and necessary business, to distant and in¬
convenient places—-under the pretence of training them, a
measure not only unnecessary and vexatious, and violative
of the plain letter and obvious spirit of the Federal Consti¬
tution, but which would bring in its train swarms of Federal
office-holders, to harrass our people* and to eat out their
substance.
10th. Because Mr. Van Buren's opinions, as indicated by
his votes and declarations, as to the constitutional power of
Congress over the subject of domestic slavery, renders him
peculiarly obnoxious to the slave-holding States, and danger¬
ous, as its Chief Magistrate, to the peace of the whole
Union.
102
11th. And finally, omitting negative grievances, a Chief
Magistrate, the whole course of whose administration, is thus
marked by folly, corruption, imbecility, wicked principles,
and worse practices, rs unfit to be the Ruler of a free
people.
And be it further resolved, That in the opinion of this Gen¬
eral Assembly, a Bank of the United States, properly regu¬
lated and guarded, is- the best, most proper and economical
means, which can be devised for the collection, safe-keep¬
ing, and disbursement of the public monies : And while
many of us, yielding to the convictions of our own judg¬
ments, and the concurrent authority of the executive, legis¬
lative, and judicial departments of the Government, from
its formation, with a slight interval, up to the time of the
second election of General Jackson, and to the wisdom and
patriotism of George Washington, James Madison, and their
illustrious compeers, believe that Congress does possess the
constitutional power to charter a Bank—yet we believe it
indispensable to the financial prosperity of the country and
happiness of the people, that that question should be settled
by an amendment of the Constitution, before such a power
is exercised by Congress.
And be it further resolved, That the past life of General
Harrison, both public and private, distinguished for its un¬
sullied purity, rendered illustrious by his public services,
both in war, and in peace, gives us ample assurance, that
his great popularity, and best abilities, will be ardently de¬
voted to the noble and patriotic purpose of bringing back
the administration of our government to its pristine purity,
and to the promotion of the prosperity, the happiness, and
the glory, of our whole country.
Mr. Hardman moved that the original resolutions, together
with the amendments and substitute, be indefinitely post¬
poned.
Whereupon, the yeas and nays were required to be re¬
corded ; and are, yeas 88, nays 82.
Those who voted in the affirmative, are Messrs.
Anderson, of Chat- Chandler, Farnall,
ham, Chappell, Fitzpatrick,
Anderson, of Frank-Collier, Ford, of Cheroke e,
lin, Cooke, Gathright,
Atkinson, Crutchfield, Green, of Pike,
Barclay, Dark, Hardage,
Brown, of Fayette, Dawson, Hardman,
Bryan, of Wayne, Delauney, Harrison, of Ran-
Burt, Dickson, of Walker, dolph,
Carlton, Dufour, Harris,
Cannon, Ellis, Hatcher,
Carroll, Erwin, Hendry,
103
Hibbert, Moultrie, Sheffield,
Hotchkiss, Murphey, ofDeKalbShropshire,
Hudgins, Murphey, of Wilkin-Smith,
Hunter, son, Stewart, of Mcln-
Jones, of Columbia, Neal, tosh,
Jones, of Franklin, Nash, Stiles,
Jones, of Monroe, Nixon, Stone,
Keaton, Osborne, Stroud, of Walton,
•Lawson, Palmer, Sumner,
Lee, Pettee, Tanner,
Liddle, Pitts, Tarver,
Loyall, Price, Thompson,
Mays, of Gobb, Read, Towles,
McDuffie, Reynolds, Turner,
McMillen,ofJacks'n.Roberts, Webb,
Mitchell, Robinson, of Jasper, Welborne,
Moon, Rodgers, Williams, ofBullo'h,
Morris, of Cobb, Sanders, Williams, of Harris,
Morris, of Murray, Sanford, Wilson.
Those who voted in the negative, are Messrs.
Alexander, Greene, of Macon, Preston,
Anderson, of W arr'nHagerman, Pryor,
Bell, Hammond, Rea,
Bentley, Hampton, Reeves,
Bethea, Hardeman, Rhodes,
Bigham, Hardy, Richardson,
Black, Harrison,of Putnam,Robertson,of Colum-
Boynton, Hines, bia,
Bryan, of Houston, Hitchcock, Robinson, ofLaur'ns
Chapman, Hubbard, Sapp,
Chester, Hudson, Sermons,
Chipley, Johnson, of Hoard, Shaw,
Craft, Johnson, of Troup, Stephens,
•Crawford, of Ogle- Jordan, Stroud, of Clark,
thorpe, King, Taylor,
Crawford, ofSumterLinder, Thomas,
Outright, Long, Toombs,
Daniel, of Thomas, Lowe, Trayler,
Harden, of Warren,Lynch, Waldhour,
Davenport, Mann, of Morgan, Wales,
Dodson, Mann, of Tattnall, Walker,
Emanuel, Martin, of Morgan, Warren,
Flournoy, of Musco-Martin,of Gwinnett, West,
gee, Maxwell, Whigham, ofMari'm
Flournoy, ©f Wash- McCall, White, of Jasper,
ington, McCrimmon, Whitworth,
Ford, of Lee, McGahagan, Williams, of Talbot,
Foster, McMillian,of Tho's. Wingfield,
Franks, Parks,
;Sq the motion prevailed-
104
The following message' was received from the Senate, By
Mr. Bailey, their Secretary.
Mr. Speaker: The Senate has passed the following bills :
A bill to add certain fractions therein named, to- Paulding
County,
A bill to authorise the Justices of the Inferior Court, so
far as respects the county of Wilkinson, to levy an extra tax
for county purposes.
A bill to change the names of certain persons therein
named, and to legitimatize the same.
A bill to incorporate the Upson Riflemen, and to give to
the members thereof,, certain privileges.
A bill to be entitled an act, to regulate elections in the
county of Sumter, and to repeal all laws authorising or
creating election precincts in said county, and to repeal an
act to establish an additional precinct in the county of
Twiggs, at Higgsville, the place of holding Justices Courts?
in and for the three hundred and fifty-fourth company dis¬
trict. in said county, assented to, 28th December, 1838.
Mr. Osborne, from the joint-standing committee on peti¬
tions, to whom were referred the petitions of Archibald G.
Ridgeley, and Edmund McCubbins, reported the following
bills, to wit'
A bill to compensate Archibald G. Ridgeley,. for services
rendered the State, in the capture and delivery of a fugi¬
tive from justice which was read the first time.
Also—a bill for the relief and benefit of Edmund McCub¬
bins, praying for a lease of the State's interest, in lot of land
No. 55, in the fifth district of Troup County, during his nat¬
ural life ; which was read the first time*
Mr. Osborne, from the joint-standing committee on petitions,
to whom was referred the petition for the relief of William
McBride, made the following report; which was read :
The Committee on Petitions, to whom was referred the
petition of William McBride, have had the same under con¬
sideration, and report, that the prayer of the petitioner,
though it may not be unreasonable, is not sufficiently ex¬
plained, to justify your committee in granting the relief
sought for f nor does the accompanying documents give any
light upon the subject, to enable the committee to grant the
prayer of the petitioner.
Mr. Osborne, also, from the same committee to whom was
referred the petition of William Middleton, praying that the
fines of Lot, No. 102, in the 18th district, fourth section, be
straightened, made the following report, which was read.
The committee have examined the petition of William
Middleton,. and are of the opinion that his prayer set forth in
said petition, conflicts with the existing laws- of this State,
and therefore cannot be granted.
The House took up the report of the committee of the
105
whole, on the hill to incorporate the Habersham Blues, and
to authorise the Governor to furnish said volunteer corps,
with sixty rifles.
Mr. Chipley moved that the second section, authorising
the Governor to furnish the said corps with sixty rifles, be
stricken out; which Was carried.
When, on motion of Mr. Barclay, the whole report, as
amended, was indefinitely postponed.
The House took up the report of the Committee of the
whole, on the bill to regulate the compensation of members
of the General Assembly, and reduce and regulate the sal¬
aries of certain officers therein named.
Mr. Stroud, of Walton, offered the following additional
section, viz :
Section 8. And be it further enacted, That the fees now
allowed by law, to all county officers, shall be reduced
twenty-five per cent; which was rejected.
Mr. Toombs then moved that the whole of the bill after
the first section, be stricken out, to wit i
Sec. 2. And be it further enacted, That the salary of his
Excellency, the Governor, be three thousand dollars per
annum, after the expiration of the present term.
Sec. 3. And be it further enacted, That the secretaries of
the Executive Department, after the expiration of the present
term, shall not exceed two, whose compensation shall be
eight hundred dollars per annum.
Sec. 4. And be it further enacted, That the salary of the
Secretary of State, Secretary of the Treasury, Comptroller
General, and Surveyor General, shall be fifteen hundred
dollars, after the expiration of the present term.
Sec. 5. And be it further enacted, That the salaries of the
Judges of the Superior Courts, shall be fifteen hundred dollars
each, per annum, after the expiration of the present term.
Sec. 6. And be it further enacted, That the salary of the
Principal Keeper of the Penitentiary, shall be fifteen hun¬
dred dollars per annum, after the expiration of the present
term ; and the Assistants, each, eight hundred dollars per
annum, after their present term.
Sec. 7. And be it further enacted, That the salaries of the
President, and other officers of the Central Bank of Georgia,
shall be reduced twenty-five per cent, per annum, on the
amount nowr allowed them by law.
SeC. 8. And be it further enacted, That all laws and parts
of laws militating against this act, be, and the same are
hereby repealed.
Upon which motion, the yeas and nays were required; to
be recorded, and are, yeas 99, nays 68.
Those who voted in the affirmative, are Messrs.
Alexander, Anderson, ofWarr'n.Bethea,
Anderson, ofChat'm.Atkinson, Black,
106
B oynton,
Brown, of Bibb,
Hardy, Parks,
Harrison, of Ran- Preston,
Bryan, of Houston, dolph,
Bryan, of Wayne, Hibbert,
Burt, Hines,
Chapman, Hitchcock,
C happell, Hubbard,
Chester, Hudson,
Chipley, Johnson, of Troup, Sanders,
Cooke, Jones, of Columbia,Sapp,
Crawford, of Offie-Jones, of Monroe, Sermons,
Rea,
Rhodes,
Richardson,
Robertson, of Co¬
lumbia,
Rodgers,
thorpe,
Kin.
Crawford,of Sumter.L awson,
Cutright, Liddle,
Hariie'l, of Thomas, Linder,
Harden, of Warren, Long,
Hark, Lowe,
Havenport, Lynch,
Helauney, Mann, of Morgan,
Emanuel, Mann, of Tattnall,
Flournoy, of Mus- Martin, of Morgan, Thomas,
Shaw,
Sheffield,
Shropshire,
Stephens,
Stewart,of Mcintosh
Stiles,
Stroud, of Clark,
Tarver,
T ay lor,
cogee, Maxwell,
Flournoy, of Wash-McCall,
McCrimmon,
McHuffie,
McGahagan,
McMillian, of
Thomas,
Mulkey,
Toombs,
Trayler,
W aldhour,
Wales,
Warren,
West,
Whigham, of Marion
White, of Jasper,
mgton,
Ford, of Lee,
Foster,
Franks,
Gathright,
Greene, of Macon,
Hagerman,
Hammond,
Hampton,
Hardeman,
Hardman,
Those who voted in the negative, are Messrs.
Anderson of Fr'nk'nHufour, Jordan,
Barclay, Ellis, » Keaton,
Beavers, Erwin, Lee,
Bell, Farnall,_ Lefils,
Bentley, Fitzpatrick, Loyall,
Boothe, Ford, of Cherokee, Martin, of Gwinnett,
Brown, of Fayette, Green, of Pike, Mays, of Cobb,
Murphey, of Wilkin-Williams, of Harris,
son, Williams, of Talbot,
Nash, Wilson,
Osborne, Wingfielcl.
Carlton,
Cannon,
Carroll,
Chandler,
Collier,
Craft,
Crutchfield,
Hodson,
Hardage,
Harris,
Hatcher,
Hendry,
McMillen, of Jack¬
son,
Mitchell,
Moon,
Morris, of Cobb,
Hunter, Moultrie,
Johnson, of Heard, Murphey, of BeKalb
Jones, of Franklin, Neal,
Hudgins
107
Nixon, Roberts, Tanner,
Palmer, Robinson, of Jasper,Thompson,
Pettee, Robinson ofLaurensTowles,
Pitts, Sanford, Turner,
Price, Smith, Webb,
Pryor, Stone, Welborne,
Read, Stroud, of Walton, Whitwortli,
Reeves, Sumner, Williams, of Bulloch
So the motion prevailed.
Mr. Rodgers moved to lay the report as amended, upon
the table, for the present.
Upon which motion, the yeas and nays were ordered to
be recorded, and are, yeas S9, nays 72.
Those who voted in the affirmative, are Messrs.
Alexander,
Beavers,
Bell,
Bethea,
Brown, of Bibb,
Bryan, of Wayne,
Carlton,
Cannon,
Carroll,
Chandler,
Chipley,
Collier,
Cooke,
Craft,
Crutchfield,
Dark,
Dawson,
Dixon, of Walker,
Dufour,
Ellis,
Emanuel,
Erwin,
F arnall,
Fitzpatrick,
Harrison, of Rand'h.Osborne,
Harris,
Hatcher,
Hendry,
Hibbert,
Hines,
Hitchcock,
Hudgins,
Hudson,
Hunter,
Pettee,
Pitman,
Pitts,
Preston,
Price,
Rea,
Read,
Reeves,
Roberts,
Johnson, of Heard, Robinson,of Laurens
Jones, of Columbia,Rodgers,
Keaton,
King,
Lawson,
Lee,
Leffis,
Liddle,
Mays, of Cobb,
McCall,
McDuffie,
Moon,
Morris, of Cobb,
Moultrie,
Flournoy, of Mus'ge.Mulkey,
Ford, of Cherokee, Murphey, ofDeKalbWest,
Ford, of Lee, Murphey, of Wil-Whigham, of Marion
Gathright, kinson, Whitworth,
Green, of Macon, Nash, Williams,ofBulloch,
Hammond, Nixon, ^ Wilson,
Those who voted in the negative, are Messrs.
Anderson,ofWarrenBoynton, Crawford, of Ogle-
Barclay, Burt, thorpe,
Bentley, Chapman, Crawford,of Sumt'r.
Black, Chappell, Cutright,
Boothe, Chester, Daniel, of Thomas,
Sanders,
Sanford,
Sapp,
Sermons,
Shropshire,
Smith,
Stewart,of Mcintosh
Stiles,
Stone,
Tanner,
Thomas,
Towles,
Welborne,
108
Darden, of Warren,Long, Robinson, of Jasper,
Davenport, Lowe, Shaw,
Delauney, Loyall, Sheffield,
Dodson, Lynch, Stephens,
Flournoy, of Wash-Mann, of Morgan, Stroud, of Clark,
ington, Mann, of Tattnall, Stroud, of Walton,
Martin, of Morgan, Sumner,
Martin, of Gwinnett,T arver, _
Maxwell, Taylor,
McGahagan, Toombs,
McMillen,of JacksonT rayler,
McMillian, of Tho's. Turner,
Foster,
F ranks,
Green, of Pike,
Hagerman,
Hampton,
Hardage,
Hardeman,
Hardman,
Hardy,
Mitchell,
Neal,
Palmer,
Parks,
Waldhour,
Wales,
W alker,
W arren.
White, of Jasper,
Williams, of Talbot,
Winofield.
Hubbard,
Johnson, of Troup, Pryor,
Jones, of Franklin, Rhodes,
Jones, of Monroe, Richardson,
Jordan, Robertson,of Colum.
So the motion to lay on the table, prevailed.
The House was then adjourned .until 9 o'clock, to-morrow
morning.
SATURDAY, November 21, 1840.
Mr. Chappel moved to reconsider so much of the Journal
of yesterday as relates to the indefinite postponement of the
resolutions of Mr. Flournoy, of Washington, the amendment
of Mr. Hardage, the substitute of Mr. Chipley, and the sub¬
stitute of Mr. Toombs ; whereupon the yeas and nays were
required to be recorded, and are Yeas 90—Nays 79.
Those who voted in the affirmative are Messrs.
Alexander, Burt, Cutright,
Anderson, of War- Chapman, Daniel of Thomas,
ren, Chappell, Darden of Warren,
Bell, Chester, Davenport,
Bentley, Chipley, Delauney,
Bethea, Cooke, Dodson,
Bigham, Craft, Emanuel,
Black, Crawford of Ogle- Flournoy of Musco-
Boynton, thorpe, gee,
Browp of Bibb, Crawford of Sum- Flournoy of Wash-
Bryan of Houston, ter, ington,
109
Ford of Lee,
Foster,
F ranks,
Green of Macon,
Hagerman,
Hampton,
Hardeman,
Hard man,
Hardy,
Hines,
Hubbard,
Hudson,
Johnson of Heard,
Johnson of Troup,
Jones of Columbia,
Jordan,
King,
Linder,
Long,
Lowe,
Loyall,
Mann of Morgan,
Those who voted
Anderson of Chat¬
ham,
Anderson of Frank¬
lin,
Atkinson,
Barclay,
Beavers,
Boothe,
Bryan of Wayne,
Carlton,
Cannon,
Carroll,
Chandler,
Collier,
Crutchfield,
Dark,
Dawson,
Dixon 01 Walker,
Dufour,
Ellis,
Erwin,
F arnall,
Fitzpatrick,
Ford of Cherokee,
Gathright,
Green of Pike,
Mann of Tattnall,
Martin of Gwinnett,
Maxwell,
McCall,
McCrimmon,
McGahagan,
McMillian of Tho's
Mulkey,
Nash,
Osborne,
Parks,
Pitman,
Preston,
Pryor,
Rea,
Reeves,
Richardson,
Robertson of Co¬
lumbia,
Robinson of Lau¬
rens,
Sapp,
in the negative are
Hammond,
Hardage,
Harrison of Ran¬
dolph,
Harris,
Hatcher,
Hendry,
Hibbert,
Hotchkiss,
Hudgins,
Hunter,
Jones of Franklin,
Jones of Monroe,
Keaton,
Lawson,
Lee,
Lefils,
Mays of Cobb,
McComb,
McDuffie,
McMillen of Jack¬
son,
Mitchell,
Morris of Cobb,
Morris Murray,
Moultrie,
Sermons,
Shaw,
Stephens,
Stuart of Ware,
Stroud of Clark,
Taylor,
Thomas,
Toombs,
Tray lor,
Waidhour,
Wales,
Walker,
Warren,
West,
Whigham of Mari¬
on,
White of Jasper,
Whitworth,
Williams of Harris,
Wingfield,
Wooten.
Messrs.
Murphey of DeKalb
Murphey of Wilkin¬
son,
Neal,
Nixon,
Palmer,
Pettee,
Pitts,
Price,
Read,
Roberts,
Robinson of Jasper
Rodgers,
Sanders,
Sanford,
Sheffield,
Shropshire,
Smith,
Stewart of Mcin¬
tosh,
Stiles, .
Stone,
Stroud of Walton,
Sumner,
Tanner,
Tarver,
110
Thompson, Webb, Wilson.
Towles, Welborne,
Turner, Williams of Bulloch,
So the House agred to reconsider. .
' Leave of absence was granted to Messrs. Reynolds and
Rodgers for a few days, on special business; and to Mr.
Martin of Morgan, for a few days, on account of indisposi¬
tion in his family.
On motion of Mr. Stephens, the order of the House was
suspended for the purpose of allowing him to introduce a
resolution, that both branches of the General Assembly will
convene in the Representative Hall on Monday next, at 3
o'clock P. M. for the purpose of electing a Major General for
the 12th Division, G. M. to fill the vacancy occasioned by
the resignation of General Charles H. Nelson.
The resolution was read and agreed to, and the Clerk di¬
rected to carry the same forthwith to the Senate.
The following message was received from the Senate by
Mr. Bailey their Secretary:
Mr. Speaker .-—The Senate has passed the following bills,
to wit:
A bill to be entitled an act to alter and amend an act, enti¬
tled an act to appropriate a sum of money to improve the
navigation of the Big Satilla river, passed 30th December,
1836, and to appoint additional commissioners on said river.
A. bill to be entitled an act to authorise the Treasurer of
the Common School fund of the counties of Montgomery,
Emanuel and Lowndes to loan out the said fund, and to col¬
lect all or any part of the same, on certain conditions ; and
to authorise the Treasurer of the Common School fund for
the counties of Franklin and Jackson to pay certain accounts
of Teachers of poor children.
A bill to be entitled an act to amend the act incorporating
the Georgia Rail Road and Banking Company.
Also, a bill to consolidate the offices of Receiver of Tax
Returns of this State, so far as respects the counties ol Mont¬
gomery, Macon and Clark.
On motion of Mr. Stephens, the following message, receiv¬
ed yesterday from His Excellency the Governor, by Mr.
Home his Secretary, was read and referred, with the ac¬
companying documents, to the committee on privileges and
elections:
Executive Department, )
Milledgeville, Nov. 20, 1840. >
I have the honor to lay before the General Assembly, in
compliance with the law, a consolidated return of the num¬
ber of persons voting for Electors of President and Vice Pre¬
sident, the names of the persons voted for, and the number
of votes received by each. No return of the election in the
Ill
co unty of Appling has been received. The statute regulat¬
ing the election requires that the returns shall clearly exhibit
the number of persons voting for Electors, and the number
of votes given in. With the last requisition, not a county
has complied, and with the first none have complied fur¬
ther than to send the usual list of voters—and in counties
where' election precincts have been established by law, the
number of persons voting has not been consolidated. The
county of Emanuel made no return of the number of votes,
and in the counties of Baker, Habersham and Washington,
the list of voters at some of the precincts, have not been re¬
turned. The managers of the election at the Pond Town
precinct in the county of Sumter, after the lawless destruc¬
tion of the returns sent to the Court House for consolidation,
made a return to this Department which has been appended
to the general return.
charees J. McDonald.
Mr. Wales- from the joint standing committee on Banks,
made the following report, which was read :
The committee on Banks to whom was referred the sever¬
al bills having' for their objects a resumption of specie pay¬
ments by the Banks, beg leave to report as a substitute for
all said bills—
A bill to be entitled an act to compel the several Banks of
this State to redeem their respective liabilities in specie, and
to provide for the forfeiture of the charter .or charters of such
as may refuse.
On motion of Mr. Toombs, the bill was made the order of
the day for Wednesday next, and 210 copies ordered to be
printed for the use of the House.
Mr. Hardeman from the joint standing committee on In¬
ternal Improvements, made the following report—which
was read, and 210 copies thereof ordered to be printed:
The joint standing committee on Internal Improvements
respectfully report, that from the report of the Commission¬
ers, the work on the Western and Atlantic Rail Road ac¬
cruing the past year, appears to have been successfully pro¬
secuted, and the mode of payment by State Bonds for grad¬
ing is represented by them to have secured the execution of
the work on favorable terms. The committee is well aware
that the low price of provisions and of labor, during- the past
year, ought very much to have lessened the cost of the work
done in that time, and such would have been the case if it
had been possible to have furnished the Commissioners with
money to pay cash prices, but it is a proposition too plain to
need argument, that when the money is not in hand to pay
for an article, an enhanced price for credit is inevitable, and
yet after the commencement of the work by the State and
the expenditure of ,a million or more of dollars in its prose-
112
cation, to have then abandoned or suspended it, because to
continue it a little more was to be paid for credit, would have
been suicidal of the best interests of the State. When the
work was commenced in 1S36, it was believed on the best
authority (the experience and practice of other States) that
a sale of State Bonds on favorable terms could be effected.
The revulsions in the monied world could not have been, nor
were anticipated. When this revulsion occurred we were
already committed to the prosecution of the work and could
not halt without loss of character, and of what we had al¬
ready expended. Efforts were made to dispose of the Bonds
which were to a great extent unsuccessful. A resort was
then had to the bonds as a means of payment for the work
done, and so far as this committee is informed, contracts
have been made and executed, some in part and some com-
j)lete and paid for by these bonds at par value, and the cost
of the work has not thereby been higher than were the cash
prices of 1837 and 1838. This committee has been inform¬
ed that the item of ninety-seven thousand four hundred and
twenty-four dollars and sixty-two cents in the annual report
of the Commissioners, consists of Scrip issued by the Com¬
missioners of small denomination, payable in Bonds of the
State with interest, when presented in sums of two hundred
and fifty dollars, the lowest denomination of Bonds issued by
the Commissioners. That some of this Scrip has been so
presented and has been liquidated in terms of the Scrip by
State Bonds, but that an amount of them probably not less
than eighty thousand dollars is now in the hands of individu¬
als, who from their circumstances, are unable to accumulate
an amount sufficient to entitle them to demand a State Bond,
and must sacrifice them to speculators, unless provision be
made to redeem them in some other mode. Under these
circumstances' this committee would recommend that such
Scrip should be received at the Central Bank and at the
Treasury, in payment of notes to that Bank, and public dues,
and that the Commissioners reimburse the amount which
shall so be received and redeemed by the Central Bank from
the sale of the State Bonds as hereinafter recommended.
From the report of the Commissioners they appear to have
no doubt that the Road formation can and will be completed
and paid for in Bonds, leaving a considerable amount of those
Bonds on hand undisposed of, which, with .such further ap¬
propriation as shall be made by the Legislature, will be ap¬
plicable to the procurement of timber, iron, rails, and ma¬
chinery. If there shall be left undisposed of after the com¬
pletion of the road formation, Bonds to the amount of three
hundred thousand dollars, (and the Commissioners say from
three to five hundred thousand dollars will so remain) then
with the additional appropriation of one million of dollais of
Bonds, a sufficient sum may be realized to pay off the debts
113
now due the Georgia Rail Road, and the Central Bank re¬
deem' the certificates issued by the commissioners, and also
to procure and lay the timber and iron, and to procure the
necessary machinery. It is assumed in this estimate that
the pattern of iron adopted will be of a good character, but
not of the heaviest description. But these Bonds cannot be
made available in a foreign market, where money alone is to
be had for them, or for the purchase of iron, unless there is of¬
fered to the capitalist an inducement to invest, and the only
inducement which will suffice, will be, first a lair rate of in¬
terest, and second, an appropriation of some specific and
certain revenue to meet the accruing interest, and ultimately
to pay the principal of the bonds at maturity. Thoroughly
convinced of this fact, this committee adopted and addressed
to the board of Commissioners the following resolution :
Resolved, That the chairman of this committee address the
board of commissioners of the Atlantic and Western Rail
Road, a request that, that Board will suggest to the Legisla¬
ture, through this committee, a project for raising the ways
and means in money, to purchase the iron, and to complete
that Road—
And received for answer a letter from the President,
which is hereto annexed, marked A. On this answer this
committee have arrived at the conclusion, that in the present
demand for money, in the uncertain state of Europe as to a
continuance of peace, with a conviction that a general war in
Europe will render more difficult the borrowing of money,
and the certainty of its commanding a higher rate of interest,
than it has done for twenty-five years, this committee would
recommend that the Commissioners hereafter be authorised
to issue bonds payable in not less than fifteen nor more than
thirty years, bearing an interest of not exceeding seven per
cent per annum, payable annually at some convenient point
in the State, or if made payable in London, that then they
be at the rate of six and a half per cent per annum.
To meet the second exigency, viz: an appropriation of
,some certain and specific revenue for the, payment of inter¬
est and the principal alternately, this committee would re¬
commend a specific tax of one dollar per head on each slave
in the State of Georgia, of or over the age of ten years, and
not over sixty years of age, and a like tax of ten dollars a
head on every free person of colour in this State, between
the ages of ten and sixty, to be levied annnally, and to be
deposited as collected, in such place as the Legislature
should determine, there to remain sacredly, to be appropri¬
ated to the payment of interest els it should accrue; and any
surplus after payment of such interest, to be applied as a
sinking fund in the purchase up of the Sate Bonds at not ex¬
ceeding par value.
It is believed that the revenue to be raised from this source
8
114
would something exceed two hundred thousand dollars in
amount, and as this sum would be more than sufficient to
defray the interest accruing on the debt now incured, the
surplus would be at once applied as a sinking fund in re¬
demption of the bonds in anticipation, and the process of
redemption in anticipation, would at once stamp these bonds
with a value which would cause them to be sought after.—
It is believed by this committee that the levy of this tax and
the sacred appropriation of it to this purpose, would at once
inspire capitalists with confidence, and as was realized by
the State of New York in the appropriation of her salt and
auction taxes to a like purpose, the bonds of this State would
be considered as the best and safest investment that a moni-
ed man could make, they would be readily taken, the Com¬
missioners would immediately be in funds to pay the debts
now due to the Georgia Rail Road, Central Rank, and the
certificates now issued. If this course should be adopted by
the Legislature and result as is anticipated by the commit¬
tee, power should be given to the Commissioners to contract
for Iron, as from the quantity required, much time will be
, consumed after a contract, before the whole can be deliver¬
ed, and therefore the contract might with safety, now be
made, delivery to begin early in the next summer. Justice
to the house of Reed, Irving, & Co. of London, which holds
in hypothecation near two hundred of the State's bonds of
<£500 each, and the interest of the State requires that these
bonds be relieved from that hypothecation as early as pos¬
sible j and as they cannot be sold whilst bearing an interest
of only per cent, it is recommended by this committee
that the Commissioners be authorised to relieve those bonds
when others bearing the rate of seven per cent shall have
been sold and the proceeds realised by them.
This committee has prepared a bill and resolution to ac¬
company this report, to be presented to the House of Rep¬
resentatives, where it must necessarily originate, and most
earnestly recommend the passing of this or some other of a
similar character. •
Resolved, That the Treasurer of the State be and he is here¬
by authorised to receive in payment of all public dues, the
scrip heretofore issued by the Commissioners of the Western
and Atlantic Rail Road which are made payable in bonds of
the State when presented in certain amounts, and that the
Central Bank in like manner, be authorised to recieve such
scrip in payment of dues to that Bank;
Be it further resolved, That the said Commissioners shall
from the sale of State Bonds in their hands, reimburse and
pay to the said Treasurer and Bank, the amount which shall
have been paid as aforesaid.
115
<A)
■Sparta, November 14, 1840.
Hon. W. W, Gordon-:
Sir—A more satisfactory response could have been given
to the requirement of a resolution, adopted on the 12th
inst. by the Joint Standing Committee of Internal Improve¬
ments, had more time been allowed to the Commissioners
of the " Western and Atlantic -Rail Road." To me at least,
unaccustomed to consider and arrange financial schemes,
and systems of taxation, the labor of digesting one that
might be regarded as the most eligible, must necessarily be
difficult. But as the Board is asked for suggestions only,
and those speedily given, I beg leave to offer the following:
As recommended in the last Annual Report of the Com¬
missioners, I would still advise the use of the State's credit,
in raising seasonably, the funds necessary to complete the
Western and Atlantic Rail Road. A light annual tax im¬
posed on such property as can most easily bear it, will sup¬
ply the means of paying the interest of a public debt, and a
sinking fund to extinguish every year, a small part of the
principal., The use of thirty thousand dollars as a sinking
fund, cannot fail to be vastly important—inasmuch as it
would have the certain effect of enabling the State to sell
her bonds at a better price—and at the same time, would so
gradually reimburse the principal, that in less than thirty
years, not a cent would be owing by the State; and in the
mean time, the burden of the tax would be felt by no one.
But the presumption is justified by the experience of New
York and other States, that in less than five years after the
road gets into successful operation, the tolls on merchandize,
passage money, &c. &c. will greatly exceed the amount of
interest, and sinking fund, in the first instance raised by
taxation; and of course all taxes for this object will be dis¬
continued.
It has been seen by our last Annual Report that something
over one million seven hundred thousand dollars have been
laid out on this road, and that a balance of between one and
two hundred thousand is yet due to banks, contractors,
and others. Without going into an enumeration of particu¬
lars, I suppose that the State may incur an aggregate debt
of three millions of dollars, and for the payment of interest
on this sum, at the rate of six per cent, and providing a sink¬
ing fund for the gradual reduction of the principal, will call
for an annual appropriation of something over two hundred
thousand dollars. This amount will of course depend on
the size of the sinking fund—one hundred and eighty thou¬
sand being quite sufficient for the payment of interest.—
116
Knowing as I do the ample resources of Georgia, and that
a tax can be so devised as to give just offence to no section
of the State, I would prefer to make the sinking fund fifty
thousand dollars instead of any less sum.
The next enquiry that presents itself, relates to the kind
of property that can, with least inconvenience to the people,
bbar this tax. I give the following classification, leaving the
estimate of proceeds from each to abler hands r.
1st. Cash in the hands of capitalists, used in speculation
and interest, producing profits. This can bear §0 cents on
each $100 so used.
2nd. Bank Stock.—This might bear 30 or 40 cents on
$100.
3d. Articles of luxury, such as fine carriages, watches and
other jewelry—one per cent, on cost or value.
4th. Distilled Spirits, foreign or domestic—five cents per
gallon.
5th. Foreign Wines—10 cents a gallon.
6th. Stage Coaches, Hacks and other vehicles for the con¬
veyance of persons for hire—a specific tax.
7th. Free negroes—ten dollars a head.
8th. River and Sea Boats, kept for public transportation.
9th. Land, river bottoms, highlands, 1st, 2nd and 3d qual¬
ity, oak and hickory—and the same for the same qualities of
pine land. It does not admit of doubt that the rich or first
quality of land in this State, bearing the long-leaved pine,
is equal to the best oak and hickory highland, and can bear
as high a tax.
10th. City and town property, i. e. Housqs and Lots.
11th. Slaves between 10 and 65 years of age—one dollar
a head. Below and above these ages, the property is not
productive, and ought not to be burdened. It may be re¬
marked, that though the tax here mentioned is more than
double that heretofore imposed, in South Carolina and other
sla ve-holding states it is much higher;—in some it is two
dollars a head, perhaps more.
,12th. Merchandize of all sorts, except Spirits and Wine*
Our old tax law operated only on the stocks of goods on
hand on the first of January; and of course much of the
articles escape taxation, to wit; all that was bought and sold
after that day of the year.
I understand that an ad valorem system oJT taxation has
been reported to the Legislature, because of its equitability;
but it is quite clear that this feature of the system will not
be realized in practice,, without an impartial assessment of
value. If every proprietor is left to assess his own property,
(though under oath,) the work will be done unfaithfully by
117
many, and a boon offered for a betrayal of morality. It is,
therefore, that specific taxes have always been preferred.
Our method of collecting taxes, is essentially a vicious one.
Collectors are often greedy of popularity, and return huge
insolvent lists, for the sake of getting the votes of those who
are released. The high Sheriff of the county is the proper
collector of taxes, because he is usually a man of more char¬
acter, more independence, and more responsibility—then
abolish the office of collector and transfer his duties to the
Sheriff.
It is in my opinion inexpedient.to lay a poll tax. Persons
in this country, who have no property, cannot aid in support¬
ing government; in fact, the tax is but seldom paid, except
by those who pay a property tax, and a well-devised pro¬
perty tax will produce abundant revenues for this govern¬
ment.
There may be other subjects of taxation, such as stocks of
cattle above a given number, say 50. Large stables of hor¬
ses kept for hire or sale ;—but the committee will not need
my further suggestions on this subject.
In the administration of the funds raised for Internal Im¬
provements, economical results might be produced by some
special Legislative provision. Were it made the duty of
some responsible functionary of the government to transfer
funds raised for this purpose to some Banking Institution of
the State, which would pay a fair interest on the sums depo¬
sited, and promptly meet the drafts and checks of the Com¬
missioners, that might be from time to time drawn to pay
interest and other demands, the consequent advantages to
the public service cannot be doubted. The usual punctu¬
ality of sound Banking Institutions could not fail to give an
increased value to funds set apart for public works, and
would insure an accuracy in the public accounts that every
•one can appreciate.
It will be seen by reference to the acts passed on that sub¬
ject, that the Commissioners cannot make State Bonds, hav¬
ing a shorter period to run than thirty years. This long
period has impaired the market value of Bonds used at home,
and I therefore recommend such a modification of existing
law, as will leave to the discretion of the Commissioners the
time of reimbursement between fifteen and thirty years. It
is evident that this can make no difference with the State;
for if she does not find it convenient to pay the principal be¬
fore, or at the end of fifteen years, she can readily substitute
other bonds for an additional term. But in truth, the State
cannot require ten years to meet every demand, after the
road gets into operation.
Another amendment is recommended. The act of last
118
yeaf forbids the sale or use of bonds at any price below par.
You, Mr. Chairman, know why that provision was inserted,
and you also know, that it may be advisable at times to fall
below par. Georgia has hitherto disposed of no bonds be¬
low par ; but most other States are doing it almost every
day, and to much advantage.
A summary of the matter hinted at iir this paper, may be
thus stated*
The whole debt which it is expected that the State will
have incurred, on account of the Western and Atlantic Rail
Road, when the work is finished and the ears in full opera¬
tion on the entire length of the road, and including engine-
house, ware-house, work-shop, and other appurtenent buildings
and equipments, is estimated at three millions of dollars.
To meet the prompt payment of the interest on this sum,
at the rate of 6 1-2 per cent, per annum, a yearly appropria¬
tion of $180,000 will be needed.
And for the purpose of raising the market value of the
bonds to be sold, and securing their timely redemption with¬
out any sensible burden to the country, it is further proposed
to appropriate from thirty to fifty thousand dollars annually,
as a sinking fund. If only thirty thousand dollars is ap¬
propriated lor this purpose, (though a larger sum would be
preferable,) then- the aggregate sum would annually be two
hundred and ten thousand dollars-*
This amount of revenue it is believed, can readily be
raised by a sort of specific tax, on the plan that has hereto¬
fore been used in Georgia; but with such modifications of
rate as will increase it on slaves, luxuries and rich pine
lands, and other objects that can most easily bear it*
As the taxes are collected, let them be forthwith transfer¬
red to some substantial Bank, and placed to the credit of the
Commissioners—'the Bank engaging, as all of them will do,
to pay a small interest on the deposites, and honor the drafts
of the Commissioners in paying interest and other dues.
Should it be in my power to render services to the joint
standing committee during the session, I will with pleasure
do so.
Yeiy respectfully,
Your most obt*
tT ,x/ _r „ J. CRAWFORD*
Hon. W. W. Goudon.
P. 3.—I purposely omit calculations on the means of sup-
119
plying the demand of our public work, except those that
may arise from direct taxation.
The assets of the Central Bank are, I presume, more than
sufficient to supply an interest-paying and sinking fund,
until the profits and income from the Rail Road shall be re¬
alized ; but the Central Bank has no such character of sta¬
bility, as to give confidence any where—-to say nothing of
the probable repeal of its charter.
The leading object at which the Legislature of Georgia
should now aim, with a view to carry on her public work-,
is the establishment of a high State credit: And I take leave to
assure you, from much intercourse with capitalists, on both
sides of the Atlantic, that adequate and stable revenue laws
are absolutely indispensable. They have not, nor ought not
to have any confidence in pledges of Bank dividends, or
Bank capital. They apprehend that the State Governments
dare not tax the people, to raise the means of maintaining
the public faith, and therefore will not rely on it. But let
the State of Georgia impose the requisite tax, and such an
earnest is given of her honest and resolute purposes to pay
her debts as will at once dispel all doubts.
After the views which the Commissioners had the honor
to present in their late Annual Report, I need not inform the
standing committee, that it would be dangerous to the char¬
acter and best interest of Georgia to permit the present ses¬
sion of the Legislature to pass off without efficient action on
this subject. Should the same supineness, or irrational reluc¬
tance, characterise the proceedings of this session that past
sessions have exhibited, I consider it improbable that the
State will ever be able to sell a bond for as high a price as
fifty per cent, of its nominal amount. The consequences
may be gratifying to some; the total loss of two millions of
dollarsr already expended on an unfinished work, the failure
of a magnificent enterprise—the credit and fame of the State
entirely blasted, may be quite tolerable to such as place no
value on civilization, and have never known the use of po¬
litical morality.
But I do not permit myself to contemplate the possibility
Of such a ruinous administration.
Very respectfully, &c.
J. CRAWFORD.
Mr. Hardeman from the joint standing committee on Inter¬
nal improvements also reported the following bill, which was
120
read the first time, and 210 copies thereof ordered to be
printed for the use of the House: . , .
A bill to be entitled an act to authorise the issue of
State Bonds by the Commissioners of the Western and At¬
lantic Rail Road to create a revenue to pay the interest on
the Bonds of this State, and gradually to pay the principal
thereof.
The House then took up the special order of the day, viz:
the report of the committee of the whole on the bill of the
Senate for the pardon of James Hunter.
On motion of Mr. Gathright the House, agreed that Mr.
John A. Jones should be admitted into the bar of the House
in order to make a deposition of such facts as he knew in re¬
lation to the case of James Hunter.
A motion was further agreed to that Mr. Jones' statement
should be taken under oath and committed to writing.
By the direction of the House, the Clerk informed Mr.
Jones of its decision, who appeared, and being sworn, stated
" that the testimony of the witness who accounted for the
Drawing Knife being in the possession of Hunter is omitted ;
that the substance, of such testimony is, that said witness was
indebted to Hunter one dollar, or some other small sum—
Hunter demanded payment, which the witness, not being
able to make, Hunter claimed the Drawing Knife as a secu¬
rity for the debt, which was yielded—that Lindsay was urg¬
ing the return of the Drawing Knife to him (Lindsay) for the
purpose of getting shingles—that he (Hunter) refused such
surrender 'till the debt was cancelled—that after the com¬
mission of the homicide, and whilst Hunter was in prison, his
wife, by furnishing him with a suit of her own clothes, pro¬
cured his escape, and remained in prison in his stead—that
' after a few days Hunter returned, gave himself up and re¬
leased his wife."
The report was then agreed to, the bill read the third time,
and on the question shall this bill n<5w pass ? the yeas and
nays were ordered to be recorded, and are Yeas 102—Nays
53.
Those voting affirmatively, are" Messrs.
Anderson, of Chat- Boynton, Crawford,of Sumter
ham, Brown, of Bibb, Cutright,
Anderson, of Frank- Burt, Daniel of Thomas,
lin, Carroll, Davenport,
Atkinson, Chandler, Delauney,
Barclay, Chapman, Dixon, of Walker,
Bell, Chappell, Erwin,
Bethea, Chester, Farnall
Bigham, Cooke, Flournoy, of Mus-
Black, Craft, coo-ee
Boothe, Crawford, of Ogl'e Flournoy, of Wash'n.
121
Ford of Cherokee,
Ford of Lee,
Foster,
Gathright,
Greene, of Macon,
Hagerman,
Hammond,
Hardeman,
Hardman,
Harrison, of
dolph,
Hibbert,
Hines,
Hotchkiss,
Hudgins,
Hudson,
Hunter,
Lowe, Sanders,
Mann, of Morgan, Sanford,
Mann, of Tattnall, Sermons,
Maxwell, Sheffield,
McCall, Shropshire,
McCrimmon, Smith,
McDuffie, Stephens,
McGahagan, Stiles,
McMillen, of Jack- Stroud, of Clark,
Ran- son, Tarver,
McMillian, of Thomas,
Thomas, Thompson,
Moultrie, Toombs,
Mulkey, Trayler,
Murphey, of Wilkin-Turner,
son,
Nash,
Jones, of Columbia,Nixon,
Jones, of Franklin, Pettee,
Jones, of Monroe, Pitman,
Jordan, Price,
King, Pryor,
Lee, Rea,
Liddle, Read,
Linder, Roberts,
Long, Robinson, of Lau's
Those voting negatively, are Messrs.
Anderson, of War- Hampton,
ren, Hardage,
Beavers, Harris,
Bentley, Hatcher,
Bryan of Houston, Hendry,
Bryan, of Wayne, Hubbard,
Waldhour,
Walker,
Warren,
Welborne,
West,
White, of Jasper,
Whitworth,
Wilson,
Wingfield.
Carlton,
Cannon,
Chipley,
Collier,
Crutchfield,
Palmer,
Parks,
Pitts,
Reeves,
Richardson,
Robinson, of Jasper,
Johnson, of Heard, Rodgers,
Johnson, of Troup, Sapp,
Keaton,
Lawson,
Lefils,
Darden, of Warren, Loyall,
Dark,
Dawson,
Dufour,
Ellis,
Emanuel,
Green, of Pike,
Stewart of M'lntosh
Stone,
Stroud, of Walton,
Sumner,
Tanner,
T ay lor,
Towles,
Mays, of Cobb,
Mitchell,
Morris, of Cobb,
Murphey, of DeKalbWhigham, of Marion
Neal, Williams, of Bulloch
Osborne, Wooten.
So the bill was passed, and the Clerk directed to carry the
same forthwith to the Senate.
Mr. Chappell presented a memorial from Henry Shultz,
which was laid on the table.
122
On motion of Mr. Chappell the order was suspended to
enable him to ofter the following resolution:
Resolved, That the following be added to the standing
Rules of the House of Representatives :
The motion to lay on the table for the remainder of the
session, or to postpone indefinitely, shall not preclude de¬
bate on the merits of the question before the House.
Upon the motion to agree thereto the yeas and nays were
ordered to be recorded, and are Yeas 84—Nays 73.
Those who voted in the affirmative, are Messrs.
Anderson of WarrenHagerman,
Bentley,
Bethea,
Bigham, '
Black,
Boynton,
Brown, of Bibb,
Nash,
Osborne,
Parks,
Pitman,
Preston,
Pryor,
Rea,
Hammond,
Hampton,
Hardage,
Hardeman,
Hardman,
Hardy,
Bryan, of Houston, Harrison, of Ran- Read,
Burt, dolph, Reeves,
Chapman, Hines, Richardson,
Chappell, Hudson, Robinson of Laurens
Chester, Hunter, Sapp,
Cooke, Johnson, of Troup, Sermons,
Crawford, of Ogle- Jones of Columbia, Stephens,
. thorpe, Jones, of Monroe, Stroud, of Clark,
Crawford, of Sumter J ordan, Taylor,
Cutright, King, Toombs,
Daniel, of Thomas, Linder, Waldhour,
Darden, of Warren, Lowe, Wales,
Davenport, Loyall, Walker,
Delauney, Mann, of Morgan, Warren,
Dodson, Mann, of Tattnall, Welborn,
Emanuel, Martin, of Gwinnett, West,
Whigham of Marion
White, of Jasper,
Whitworth,
Williams, of Harris,
Wingfield,
Wooten.
Flournoy, of Mus- Maxwell,
cogee, McCall,
Flournoy, of Wash- McCrimmon,
ington, McGahagan,
Foster, McMillian, of
Franks, Thomas,
Greene, of Macon, Morris , of Cobb,
Those who voted in the negative, are Messrs.
Anderson, of Chat- Boothe, Collier
ham, Bryan, of Wayne, Craft
Anderson, of Frank-Carlton, Cratehfield,
lin, Cannon, T)arlc
Barclay, Carroll, Dawson
Beavers, Chandler, Dufonr '
Bell, Chipley, E]1£ur'
123
Erwin, Liddle, Sanders,
Farnall, Mays, of Cobb, Sanford,
Ford of Cherokee, McDuffie, Sheffield,
F ord, of Lee, McMillen of J acksonShropshire,
Gathright, Mitchell, Smith,
Green, of Pike, Moultrie, Stewart of Mcintosh
Harris, Murphey of DeKalbStiles,
Hatcher, Neal, Stone,
Hendry, Nixon, Stroud, of Walton,
Hibbert, . ■ Palmer, Sumner,
Hotchkiss, Pettee, Tanner,
Hudgins, Pitts, Tarver,
Johnson, of Heard,'Price, Thompson,
Jones, of Franklin, Roberts, Towles,
Keaton, Robertson, of Co- Turner,
Lawson, lumbia, Webb,
Lee, Robinson, of Jasper, Williams, ofBulloch
Lefils, Rodgers, Wilson.
So the resolution was agreed to.
"On motion of Mr. Hardeman the order was further sus¬
pended, and the House took up the following resolution,
which was agreed to, to wit:
Resolved, That so much of the Message of His Excellen¬
cy the Governor, as relates to the claims of Messrs. Charles
Dougherty, James A. Meriwether, and Samuel A. Wales, for
professional service rendered in defending certain cases in
the Superior Court of Habersham county, be referred to a
select committee, with instructions to report by bill or other¬
wise ; whereupon Messrs. Hardeman, Barclay and Robert¬
son of Columbia were appointed that committee.
On motion of Mr. Hardman the order was further sus¬
pended, and the House took up the following resolution, to
wit:
Resolved, That so much of the Governor's Message as re¬
lates to the apprehension and delivery of David Patton, a
fugitive from justice, to the authorities of this State, be taken
up and referred to a select committee of five, which was
read and agreed to; whereupon Messrs. Hardman, Stroud
of Walton, Jones of Monroe, Neal, and Anderson, of Chat¬
ham, were appointed that committee.
On motion of Mr. Stephens the order was still further sus¬
pended, when he offered the following resolution, which was
agreed to :
Resolved, That so much of the Governor's Message of the
17th inst. as relates to the claims of R. M. D. J. Elliott, be
referred to a select committee of five; whereupon Messrs.
Stephens, Harrison of Randolph, Lefils, Rea and Cutright,
were appointed that committee.
On motion of Mr. Stroud of Walton, the order was fur¬
ther suspended to take up the resolution from the Senate, al-
124
lowing tlio Surveyor General and Secretary of State addi¬
tional Clerks, to wit:
Resolved, That the Secretary of State and Surveyor Gen-
oral be allowed to employ a sufficient number of assistant
Clerks to transact the business of their respective offices, not
exceeding each, during the session, and their compen¬
sation be provided for in the appropriation bill.
Mr. Hardeman moved to fill the blank with the number
"two"—upon which motion the yeas and nays were ordered
to be recorded, and are Yeas 76—Nays 76.
There being a tie, the Speaker voted in the affirmative.
Those who voted in the affirmative are Messrs.
Anderson of Chat- Gathright, Pitts,
ham, Green of Macon, Price,
Anderson, of Frank-Green, of Pike, Read,
lin, Hammond, Roberts,
Atkinson, Hardeman, Robinson, of Jasper,
Barclay, Harrison, of Ran- Rodgers,
Beavers, dolph, Sanders,
Boo the, Harris, Sanford,
Brown, of Fayette, Hibbert, Sheffield,
Bryan, of Wayne, Hines, Shropshire,
Burt, Hotchkiss, Smith,
Carlton, Hudgins, Stephens,
Cannon, Hunter, Stewart of Mcintosh
Carroll, Jones, of Franklin, Stiles,
Chandler, Keaton, Stone,
Chester, King, Sumner,
Collier, Lawson, Tanner,
Crutchfield, Lee, Tarver,
Hark, Lefils, Towles,
Hawson, Liddle, Turner,
Helauney, Mays, of Cobb, Wales,
Dixon, of Walker, McDuffie, Welborne, *
Dufour, McMillenof Jackson Williams of Bulloch
Ellis, Morris, of Murray, Wilson,
Erwin, Mulkey, Whitfield.
Farnall, Neal,
Ford of Cherokee, Nixon,
Those who voted in the negative are Messrs.
Anderson of WarrenChipley, p)avenport,
Bell, Cooke, Dodson,
Bentley, Crafty Emanuel,
Bigham, Crawford, of Ogle- Flournoy, of Mus-
Black, thorpe, cogee,
Boynton, ^ Crawford of Sumter Flournoy, of Wash-
Brown, of Bibb, Cutright, inoton,
Chapman, Daniel, of Thomas, Ford° of Lee,
Chappell, Darden, of Warren, Foster,
125
Franks,
Hagerman,
Hampton,
Hardage,
Hardman,
Hardy,
Hatcher,
Hendry,
Johnson of Heard,
Johnson, of Troup,
Jones of Columbia, Palmer,
Jones, of Monroe, Preston,
Jordan,
Linder,
Lowe,
Loyall,
Mann, of Morgan,
Mann, of Tattnall,
Martin, of Gwinnett,Sermons,
Maxwell, Stroud, of Clark,
McCall,
McCrimmon,
McGahagan,
McMillian, of
Tho-mas,
Morris, of Cobb,
Nash,
Osborne,
Stroud, of Walton,
Taylor,
Thomas,
Thompson,
Toombs,
Trayler,
Waldhour,
Walker,
W arren,
West,
Whigham of Marion
White, of Jasper,
Whitworth,
Williams, of Harris,
Pryor,
Rea,
Reeves,
Richardson,
Robinson of Laurens W ooten.
Sapp,
Leave of absence was granted to Mr. Shropshire for a few
days, on special business, and to Mr. Ellis for a few days,
after to-day, on special business.
On motion of Mr. G athright it was
Resolved, That when the House adjourns, it adjourn until
three o'clock this afternoon,
Mr. Hardeman had leave of absence for the balance of
the day.
The House then adjourned until 3 o'clock this afternoon.
Three o'clock, P. M.
The House met, pursuant to adjournment,
Mr. Stone from the committee on enrolment reported as
duly enrolled, the following bill, to wit:
A bill for the pardon of James Hunter.
The following message was received from the Senate by
Mr. Bailey, their Secretary r
Mr. Speaker—The Senate has concurred with the House
of Representatives in the resolution setting apart the hour
of three o'clock P. M. on Monday next, for the purpose of
electing a Major General for the 12th Division G. M.
The House then took up the unfinished business of the
morning, viz: the consideration of the resolution of the Senate
allowing the Surveyor General and Secretary of State ad¬
ditional Clerks, when Mr. Toombs offered the following
amendment, which was agreed to.
Be it further resolved, That the compensation of the said
Clerks shall not exceed three dollars per day.
Upon the motion to agree to the resolution as amended,.
126
the yeas and nays wererequired to be recerded, and are
Yeas 78—Nays 64.
Those who voted in the affirmative are Messrs.
Anderson of Chat- Hammond, i Price,
ham, Harris, Read,
Anderson of Frank- Hendry, Roberts,
lin,
Atkinson,
Boothe,
Brown, of F ayette.
Bryan, ot Wayne,
Cannon,
Chandler,
Chappell,
Chester,
Cooke,
Craft,
Crutchfield,
Dark,
Delauney,
Dixon, of Walker,
Dufour,
Ellis,
Erwin,
F arnall,
Hines, Robertson, of Co-
Hudgins, lumbia,
Hudson, Robinson, of Jasper,
Hunter, Rodgers,
Jones, of Franklin, Sanders,
Jones of Monroe, Sanford,
Keaton,
Jjawson,
Lee,
Lefils,
Long,
Sheffield,
Stephens,
Stewart of Mcintosh
Stiles,
Stone,
Sumner,
Tanner,
Tarver,
Taylor,
Maxwell,
Mays, of Cobb,
McCall,
McDuffie,
McMillen of JacksonThompson,
Mitchell, Turner,
Morris, of Murray, Wales,
Moultrie, Warren,
Ford of Cherokee, Mulkey, Webb,
Foster, Murphey of DeKalbWelborne,
Gathright, Neal, W est,
Green of Macon, Pettee, Williams of Bulloch
Green, of Pike, Pitts, Wingfield.
Those who voted in the negative are Messrs.
Anderson of WarrenD avenport, King,
Bell, Dawson, Linder,
Bentley, Dodson, Mann, of Morgan,
Bigham, Emanuel, Mann, of Tattnall,
Black, Flournoy, of Mus- Martin, of Gwinnett,
drown, of Bibb, cogee, McCr'immon,
Flournoy, of Wash- McGahagan,
Burt,
Carlton, mgton,
Carroll, Ford, of Lee,
Chapman, F ranks,
Chipley, Hagerman,
Collier, , Hardage,
Crawford, of Ogle- Hardman,
thorpe, ' Hardy,
Crawford of SumterHibbert,
Outright, Hubbard, A
Daniel, of Thomas, Johnson, of Heard, Pryor,
Darden, of Warren, Johnson, of Troup, Rea,
McMillian, of
Thomas,
Morris, of Cobb,
Nash,
Nixon,
Palmer,
Parks,
Pitman,
Preston,
127
Reeves, Stroud, of Clark, Whigham of Marion
Robinson of LaurensStroud, of Walton, White, of Jasper,
Sapp, Toombs, Whitworth,
Sermons, Waldhour, Williams, of Harris.
Shropshire, Walker,
So the resolution as amended was agreed to.
Mr. Anderson from the joint standing committee on inter¬
nal improvements, presented several documents to accom¬
pany the report of said committee, and on his motion, 210
copies were ordered to be printed.
On motion of Mr. Stroud of Walton, the order was sus¬
pended to take up his resolution relative to the number of
Clerks to be appointed by the Clerk of the House; when on
motion, said resolution was postponed for the present.
The House then adjourned until Monday morning nine
o'clock,
MONDAY, November 23, 1840.
Mr. Chappell introduced a bill to amend an act to admit
certain deeds, mortgages, and bills of sale, to be proven and
recorded, and to admit them, or their copies, in evidence in
the courts of law or equity in this State, ^ passed the 31st
December, 1838 ; which was read the first time.
Also—A bill to make William H. Ellison the adopted son
of James Ellison, of Bibb county, and to make him capable
of inheriting, as heir at law, to the said James Ellison;
which was read the first time.
Also—A bill touching election precincts in the county of
Bibb ; which was read the first time.
Mr. Brown, of Bibb, presented the memorial of the Alder¬
men and citizens of Macon, praying authority to lease, for a
term of years, a part of the Macon Reserve, known as Na¬
pier's old field ; which was laid on the table, without being-
read.
He also introduced a bill to authorize the corporation of
the city of Macon, to lease te Martin L. Hardin, and his as¬
sociates, that part of the Macon Reserve known as Napier's
old field ; which was read the first time.
Mr. Atkinson introduced a bill to appropriate a sum of
money for the payment of the claim of Arthur Stotesbury ;
which was read the first time.
Mr. Stiles laid on the table the following Resolution, to
wit:
Resolved, That his Excellency the Governor be, and he is
hereby authorized to furnish, or cause to be furnished, to the
commanding officer of the Savannah Volunteer Guards, of
Savannah, with eighty muskets, for the use of said Cornpa-
128
ny, upon his delivering up the old arms now in possession
of said corps, and giving the security as in such cases re¬
quired.
Leave of absence was granted to Mr. Moon, for a few
days, on account of indisposition.
Mr. Pettee introduced a bill to compel all persons who
are not citizens of the counties of Dooly, Scriven and Early,
but who own plantations or negroes in said counties, to pay
tax for such property in the said counties of Dooly, Scriven
and Early; which was read the first time.
Mr. King introduced a bill to apportion the Representa¬
tion of Glynn county, according to the census taken in the
year 1840, by the Deputy Marshall of the United States;
which was read the first time.
Also—A bill to alter and amend the several Judiciary acts
in force in this State, so far as relates to Justices' Courts,
approved December 14th, 1811; which was read the first
time.
Mr. Welborne introduced a bill to emancipate James, a
Negro slave ; which was read the first time.
Mr. Barclay introduced a bill to hold liable the assets of
Banks, in certain cases, to the payment of their debts;
which was read the first time.
Mr. Williams, of Harris, introduced a bill to incorporate
Beach Spring Academy, in the county of Harris, and to ap¬
point Trustees for the same , which was read the first time.
Mr. Dawson introduced a bill to incorporate the village of
Houston, in the county of Heard, and to make permanent
the election precinct at said place ; which was read the first
time.
Mr. McMillen, of Jackson, introduced a bill to provide for
the payment of those teachers who have taught under the
provisions of the poor school law, and are yet unpaid ; which
was read the first time.
Mr. Hibbert introduced a bill to repeal the provision of
the 2d section of an act to consolidate the offices of Tax
Collectors and Tax Receivers, in the several counties there¬
in named, assented to December 25th, 1837, so far as the
same relates to the county of Lumpkin ; which was read the
first time.
Mr. Hendry introduced a bill to authorize the Justices of
the Inferior Court of the county of Randolph, to use the
taxes collected for the year 1841, for the purpose of building
a Court House in said county ; and to authorize the Justices
to levy an extra tax for the year 1841, not exceeding one
hundred per cent.; which was read the first time.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary :
Mr. Speaker: His Excellency the Governor has approved
129
and signed a Resolution of the House, bringing on this day,
at 3 o'clock, the election of a Major General for the 12th
Division, G. M.; which I am directed to return.
Mr. Gathright, from the Committee to Consolidate Bills to
change the names of persons, and legitimatize the same, re¬
ported,
A bill to alter and change the names of certain persons
therein named, and to legitimatize the same.
The House took up the special order of the day, viz: the
Report of the Committee of the Whole on the bill to repeal
an act to establish a general system of education by com¬
mon schools, assented to 26th December, 1837 ; also, an act
to establish a general system of education by common schools,
assented to 29th December, 1838 ; and to change the com¬
mon school fund in the State of Georgia to a poor school
fund, and to provide for distributing the same. The Report
was amended and agreed to. The bill read the third time,
and passed under the title thereof.
The following message was received from the Senate, by
Mr. Bailey, their Secretary:
Mr. Speaker: The Senate has passed the following bills:
A bill for the relief of Felix Arthur, of Cass county.
A bill to exempt James Hall, Senior, of Irwin county,
from the several provisions of the acts of the General As¬
sembly concerning Pedlers, and to authorize him to engage
in that business without license.
On motion of Mr. Stephens, the order of the House was
suspended, for the purpose of allowing him to introduce a
Resolution, that both branches of the General Assembly will
convene in the Representative Hall, on the 1st day of De¬
cember next, at 12 o'clock, M-, for the purpose of electing a
United States Senator.
The Resolution was read and agreed to; and the Clerk
was directed to carry the same forthwith to the Senate.
On motion of Mr. Maxwell, the order was suspended,
when the House took up and agreed to the following Reso¬
lution :
Resolved, That his Excellency the Governor be, and he is
hereby authorized to pay to the Senator from Liberty coun¬
ty the amount of common school fund apportioned and due
said county.
On motion of Mr. Stroud, of Walton, the order was further
suspended, for the purpose of taking up the Resolution of¬
fered by himself, relative to the number of clerks to be ap¬
pointed by the Clerk of the House ;
When Mr. Toombs offered the following as an amend¬
ment :
9
130
"And that the Clerk be authorized to employ such ad¬
ditional number of clerks as he may, at any time, deem
necessary to facilitate the business of the House 5
To which Mr. Carlton offered the following as an amend¬
ment
" And such clerks shall receive three dollars per diem pay."
Whereupon the yeas and nays were required to be re¬
corded, on the amendment offered by Mr. Carlton, and the
Yeas are 49, Nays 107.
Those who voted in the affirmative, are Messrs.
Anderson, of Chat- Dufour,
ham, Green, of Pike,
Anderson, of Frank- Hardage,
lin, Harris,
Atkinson, Hatcher,
Barclay, Hendry,
Beavers, Hotchkiss,
Brown, of Fayette, Hudgins,
Bryan, of Houston, Hunter,
Carlton,
Cannon,
Carroll,
Nixon,
Palmer,
Pettee,
Pitts,
Price,
Reeves,
Sanford,
Stuart, of Ware,
Stone,
Carswell,
Collier,
Crutchfield,
Dark,
Dixon, of Walker,
J ones, of F ranklin, Stroud, of W alton,
Keaton, Sumner,
King, Tanner,
Lee, Tarver,
McDuffie, Thompson,
Mitchell, T owles,
Moultrie, Webb,
Murphey, of Wilkin-Wilson,
son,
Those who voted in the negative, are Messrs.
Alexander, Crawford, of Ogle- Franks,
Anderson, of War- thorpe, Gathright,
ren, Crawford, of Rich-Greene, ofMaeon,
Ashley,
Bell,
Bentley,
Bethea,
Black,
Boynton,
Brown, of Bibb,
Bryan, of Wayne,
Burt,
Chapman,
Chappell,
Chester,
Chipley,
Cooke,
Craft,
of Ran-
mond,
Cutright,
Daniel, of Thomas,
Davenport,
Delauney,
Dodson,
Emanuel,
Espy> A ,
Flournoy, of Musco-Hibbert,
§ee> Hines,
Flournoy, of Wash-Hubbard,
ington, Johnson, of Heard,
Ford, of Cherokee, Johnson, of Troup,
Ford, of Lee, Jones of Columbia,
Foster, Jones, of Monroe,
Hagerman,
Hammond,
Hampton,
Hardeman,
Hardman,
Hardy,
Harrison,
dolph,
131
Jordan,
Lawson,
Liddle,
Linder,
Long,
Lowe,
Loyall,
Lynch,
Mann, of Morgan,
Martin, of Tattnall, Read,
Martin, of Gwinnett,Richardson,
Maxwell, Roberts,
McCall,
McCrimmon,
Murphey, of DeKalb Smith,
Neal,
Nash,
Osborne,
Parks,
Pitman,
Preston,
Pry or,
Rea,
McGahagan, rens,
McMillen, of Jack- Sanders,
son, Sapp,
McMillian, of Tho's. Sermons,
JVfillen, Shaw,
Morris, of Cobb, Sheffield,
Mulkey,
Stephens,
Stiles,
Stroud, of Clark,
Taylor,
Toombs,
Trayler,
Turner,
Waldhour,
Wales,
Walker,
Warren,
Robinson, of Jasper, West,
Robinson, of Lau-Whigham, of Marion
Whitfield,
Whitworth,
Williams,ofBulloch,
Williams, of Harris,
Wingfield,
Wooten.
the
Mr. Toombs' amendment was then agreed to, and
whole Resolution, as amended, adopted by the House.
The House took up the Report of the Committee of the
Whole, on the bill to alter and amend the eleventh section
of the third article of the Constitution of the State of Geor¬
gia, so as to make Sheriffs eligible to re-election ; and agreed
thereto. The bill was read the third time, and, on the ques¬
tion "Shall this bill now pass?" the yeas and nays were
'ordered to be recorded, and are Yeas 20, Nays 128.
Those who voted in the affirmative, are Messrs.
Anderson, of Frank-Farnall.
Murphey, of Wilkin¬
son,
Nixon,
Pitts,
'Tanner,
Towles,
McMillen, of Jack-Welborne.
lin, Gathright,
Cannon, Green, of Pike,
Carroll, Hatcher,
Chandler, Hibbert,
Dixon, of Walker, Keaton,
Dufour,
Erwin, son,
Those who voted in the negative, are Messrs.
Anderson, of Chat- Boothe, Chappell,
ham, Boynton, Chester,
Anderson,of WarrenBrown, of Fayette, Chipley,
Ashley, Bryan, of Houston, Collier,
Bell, Bryan, of Wayne, Cooke,
Bentley, Burt, Crawford, of Ogie-
Bethea, Carlton, thorpe,
Black, Chapman, Crutchfield,
132
Outright,
Jones, of Monroe,, Read,
Reeves,
Richardson,
Robertson, of Co¬
lumbia,
Robinson,of J asper,
Sanders,
Sanford,
Sapp,
Shaw,
Sheffield,
Daniel, of Thomas, Jordan,
Darden, of Warren, King,
Dark, Lawson,.
Davenport, Lee,
Delauney, Lefils,
Dodson, Linder,
Emanuel, Long,
Espy, Lowe,
Flournoy, of Mus-Loyall,
cogee, Lynch,
Flourpoy, of Wash- Mann, of Morgan, Smith,
ington, Mann, of Tattnall,. Stephens,
Ford, of Cherokee, Martin, of Gwinnett^Stuart, of Ware,
Ford, of Lee, Maxwell, Stiles,
Foster, Mays, of Cobb, Stone,
Franks, McCall,
Greene, of Macon, McCrimmon,
Hagerman, McDuffie,
Hammond, McGahagan,.
Hampton, McMillian, of Tho's.Thompson,
Hardage, Millen, Toombs,
Hardeman, Mitchell, Trayler,
Hardman, Morris, of Cobb, Turner,
Hardy, Morris, of Murray, Waldhour,
Stroud, of Clark,
Stroud, of Walton,.
Sumner,
Taylor,
Harrison, of Ran- Moultrie,
dolphr
Harris,
Hendry,
Hines,
Hotchkiss,
Hubbard,
Hudgins,
Hunter,
Mulkey,
Neal,
Nash,
Osborne,
Palmer,
Parks,
Pettee,
Preston,
Johnson, of Heard, Price,.
Johnson, of Troup, Pryor,
Jones, of Franklin, Rea,
So the bill was lost.
Wales,
Walker,
Warren,
W higham,of Marion,.
Whitfield,
Whitworth,
Williams,ofBulloch,
Williams, of Harris,
Wilson,
Wingfield,
Wooten.
The House took up the Report of the Committee of the
Whole on the bill to authorize his Excellency the Governor
to pay over to the Senator of Mcintosh, county all arrearages
due said county from the poor school fund, to be applied to
the purposes of education for said county, and agreed there¬
to ; the bill was read the third time, and passed under the
title thereof.
The House took up the Report of the Committee of the
Whole on the bill to. authorize the Justices of the Inferior
Court of the county of Pike, to. apply the county funds of
said county for the support of the invalid poor of said coun-
133
■ty, and agreed thereto ; the bill was read the third time, and
passed under the title thereof, ■
The House took up the Report of the Committee of the
W hole on the bill. to authorize the Sheriff of Meriwether
county, to sell the State's interest in Lots of Land No. 23 in
the 11th District, formerly Troup, now Meriwether county;
and the Sheriffs of the several counties in this State to sell
all Land in their respective counties,in which the State may
have an interest derived from fraudulent draws'; and the
same being amended, was agreed to. The bill was read the
third time, and passed under the title thereof.
The House took up the Report of the Committee of the
Whole on the bill to define the liability of the several Rail-
Road Companies in this State, for the loss of stock killed or
wounded by the running of cars or locomotives on their roads
respectively, and to regulate the mode of proceeding in such
cases; and agreed thereto. The bill was read the third
time, and passed under the title thereof.
The House took up the Report of the Committee of the
Whole on the bill to repeal an act to alter and amend a part
of the first section of the third article of the Constitution of
this State. The Report was agreed to; the bill read the
third time ; and, on motion, recommitted and postponed for
•further consideration. .
The House took up the Report of the Committee of the
Whole on the bill to prevent judgments, awarded by any of
the Courts of this State, from binding property until levied
on by virtue of the same ; and agreed thereto. The bill
was read the third time, and lost.
The House then adjourned to 3 o'clock, this afternoon.
Three o'clock, P. M,
The House met pursuant to adjournment.
The House took up the Report of the Committee of the
Whole on the bill to pardon Jackson Mahon, of Baldwin
county, and agreed thereto ; when, on motion, the bill was
postponed for further consideration.
On motion, the Clerk was directed to inform the Senate,
that the House of Representatives are now ready to receive
them in the Representative Chamber, to proceed to the elec¬
tion set apart for this evening. The Clerk returned from the
bar of the Senate, and informed the House that their mes¬
sage was refused to be received.
On motion of Mr. Stephens, the order was suspended,
when the following bills were severally read the second time.
1M
send committed'to a Committee of the whole'House, viz r \
bill to change the line of Gwinnett and DeKalb counties, on
Fraction No. 256.
A bill to repeal an act to amend the 2d section of an act
passed 23d December, 1837, to compensate the Grand and
Petit Jurors of the Superior and Inferior Courts of the seve¬
ral counties therein named, so* far as relates to the county of
Elbert, passed the 27th December, 1-838.
A bill to add Fraction- No. 145, 8th District, Hall county,
to the county of Forsyth.
A- bill to authorize the Governor to cause to be paid" over
to the proper authorities, the sum of two hundred dollars,
due the county of Gwinnett, under the act of 1837*, repealed
1838-.
A bill to appropriate money for the building of an Acade¬
my in the county of Chatooga,- and apply the same.
A bill to authorize the Governor to execute bonds of the
State, and to procure the negotiation thereof for specie for
certain purposes- therein specified ; and to require the Direc¬
tors of the Central Bank of Georgia to pay specie for the
notes of said Bank, upon certain conditions.
A bill to repeal so much of an act passed 23d December,
1839, as relates to the names of certain persons, and alter
the names of the same, and to legitimatize tbem, and others
herein named, and make them' legal heirs of their reputed
father.
The following bill was read the second time, and referred
to the Committee for Consolidating Bills to compensate
Grand and Petit Jurors :
A bill to compensate Grand and Petit Jurors of Dooly
county.
The House then adjourned until 9* o'clock,- to-morrow
morning.
TUESDAY, November 24, 1840.
Mr. Welborne moved to reconsider so much of the Jour¬
nal of yesterday, as relates to the rejection of the bill to pre¬
vent judgments awarded % any of the courts of this State
from binding property,, until levied on by virtue of the
same.
The House refused to reconsider.
The House took up, and agreed to the report of the com¬
mittee of the whole, on the bill to add an additional section
to the eighth ehapter of the penal code of the State of Geor-
135
gia, and to provide for the punishment of free white persons,
ibr receiving stolen goods from negroes, and free persons of
color.
The bill was read the third time, and passed under the
title thereof.
The House took up, and agreed to the report of the com¬
mittee of the whole, on the bill to repeal so much of an act,
passed the 25th December, 1837, as relates to the consolida¬
tion of the offices of tax collector and' receiver of tax returns,
of the county of Floyd.
The bill was read the third time, and passed under the
title thereof.
The House took up, and agreed to the report of the com¬
mittee of the whole, on the bill to extend the time for fortu¬
nate drawers in the several land lotteries, from the year
1818, to the present time ; and in the lottery for the gold
districts, in the Cherokee County, to take out their grants.
The bill was read the third time, and passed under the
title thereof.
The House took up the report of the committee of the
whole, on the bill to compel the tax collector of Heard
County, to pay the taxes collected by him, to the county
treasurer of Heard County.
And the same being amended, was agreed to, the bill was
read the third time, and lost.
The House took up, and agreed to the report of the com¬
mittee of the whole, on the bill to compel persons living out
of the county of Houston, who own property taxable therein,
to pay the taxes on said property, in said county of Hous¬
ton.
The bill was read the third time, and lost.
The House took up the report of the committee of the
whole, on the bill to authorise the Justices of the Inferior
Court of Macon County, to levy an extra tax for the
year 1841.
And the same being amended, was agreed to; the bill was
read the third time, and passed.
The House took up the report of the committee of the
whole, on the bill to permit the Sheriff of Houston County,
to advertise his sales in any public gazette printed in the
city of Macon, or any paper in the State ; and to authorise
the sheriff" of certain counties therein named, to publish
their advertisements in any paper in the Northern Circuit,
under a certain provision.
And the same being amended, was agreed to; the bill was
read the third time, and passed under the title thereof.
The House took up, and agreed to the report of the com¬
mittee of the whole, on the bill to extend the stay of execu¬
tions in this State.
The bill was read the third time, and lost.
136
The House took up, and agreed to the report of the com¬
mittee of the whole, on the bill to authorise the Justices of
the Inferior Court of Forsyth County, to remit a forfeiture,
incurred by Daniel S. Hammond, John Hammond, and
Thomas Gravitt, on a bond for the appearance of William
Hammond.
The bill was read the third time, and lost.
The House took up the report of the committee of the
whole, on the bill to require foreigners or aliens by birth,
to produce proof of their naturalization; and agreed thereto.
On motion, the same was recommitted, and postponed for
further consideration.
The House took up the report of the committee of the
whole, on the bill relating to usurious contracts, assented to,
December 23d, 1822 ; and agreed thereto.
The bill was read the third time, and on the question, Shall
this bill now pass ? the yeas and nays were required to be
recorded, and are, yeas 87, nays 83.
Those who voted in the affirmative, are Messrs.
Alexander, Ford, of Lee, Murphey, of Wil-
Anderson, of War- Green, of Pike,
ren,
Barclay,
Beavers,
Black,
Boynton,
Brown, of Bibb,
Bryan, of Houston, Hotchkiss,
Bryan, of Wayne, Howard,
Carlton,
Cannon,
Chandler,
Chappell,
Chester,
Chipley,
Collier,
Crutchfield,
Cutriebt,
Jordan,
Keaton,
King,
Lawson,
Darden, of Warren, Loyall,
kinson,
Neal,
Palmer,
Pettee,
Pitts,
Read,
Richardson,
Roberts,
Robinson, of Jasper,
Hunter, Robinson, of Lau-
Johnson, of Heard, rens,
Johnson, of Troup, Sanford,
Jones, of Franklin, Shaw,
Jones, of Monroe, Sheffield,
Hammond,
Hardman,
Harris,
Hatcher,
Hendry,
Hines,
Smith,
Stroud, of Clark,
Sumner,
Tarver,
Taylor,
Dark, Martin, of Gwinnett,Thompson,
Davis, McGahagan, Towles,
Dawson, McMillian,of Tho's. Turner,
Dodson, Mitchell, Wales,
Emanuel, Morris, of Cobb, Walker,
Erwin, Morris, of Murray, 'Webb,
Farnall, Moultrie, West,
Fitzpatrick, Mulkey, Whitfield,
Flournoy, of Mus-Murphey ofDeKalb, Williams, of Harris
cogee,
137
Those who voted in the negative, are Messrs.
Anderson ,of F rank'l Gathright, Nixon,
Ashley, Hagerman, Osborne,
Atkinson, Hampton, Parks,
Bell, Hardage, Pitman,
Bentley, Hardeman, Preston,
Bethea, Hardy, Price,
Bigham, Harrison, of Rand'h.Pryor,
Brown, of Fayette, Hibbert, Rea,
Burt, Hitchcock, Reeves,
Carroll, Hubbard, Sanders,
Chapman, Hudgins, Sapp,
Cooke, Jones, of Columbia,Sermons,
Craft, Lee, Stephens,
Crawford, of Ogle- Liddle, Stuart, of Ware,
thorpe, Linder, Stiles,
Crawford, of Rich- Long, Stone,
mond, Lowe, Stroud, of Walton,
Crawford,ofSumter,Lynch, Tanner,
Daniel, of Greene, Mann, of Morgan, Thomas,
Daniel, of Thomas, Mann, of Tattnall, Toombs,
Davenport, Maxwell, Warren,
Delauney, Mays, of Cobb, Welborne,
Dufour, McCall, Whigham,ofMarion,
Espy, McCrimmon, Whitworth,
Flournoy, of W ash- McDuffie, Williams,of Bulloch,
ington, McMillen,ofJ acksonWilson,
Ford, of Cherokee, Millen, Wingfi'eld,
Foster, Nash, Wooten,
Franks,
So the bill passed under the title thereof.
The House took up the report of the committee of the
whole, on the bill to remit a forfeiture, incurred by Thomas
McGriff, Hillary Henderson, and Jacob Watson, on a bond
conditioned for the appearance of Daniel J. Thomas, at the
Superior Court of Lee County, upon certain conditions
therein specified, and agreed thereto.
The bill was read the third time, and lost.
The House took up the report of the committee of the
whole, on the bill to repeal an act further amendatory of the
several acts incorporating the city of Milledgeville, passed
in the years 1836 and 1837, so as to define the mode of elect¬
ing the clerk and marshall,
Which, on motion, was laid on the table the remainder
of the session.
The House took up the report of the committee of the
whole, on the bill to repeal an act, assented to, Decem¬
ber 28th, 1838, to compensate grand and petit jurors in the
county of Macon, and to compensate petit jurors of Jones
138
County, so far as relates to the county of Macon; and
agreed thereto.
The bill was read the third time, and passed under the
title thereof.
The House took up the report of the committee of the
whole, on the bill to amend the second section of an act,
entitled an act, for the better protection of orphans, and
their estates, passed on the 18th day of February, 1799,
approved 22nd December, 1828; and agreed thereto.
The bill was read the third time, and passed under the
title thereof.
The House took up the report of the committee of the
whole, on the bill to grant the rights and privileges of citi¬
zenship, to George Ward, and his descendants, a descen¬
dant of the Cherokee tribe of Indians, and to remove all
legal disabilities heretofore imposed upon him, in conse¬
quence of the same; and agreed thereto.
The bill was read the third time, and on the question,
Shall this bill now pass ? it was determined in the affirma¬
tive.
Whereupon, the yeas and nays were required to be re¬
corded, and are yeas 108, nays 51.
Those who voted in the affirmative, are Messrs.
Alexander, Dark, Jones, of Columbia,
Anderson, of Chat- Davenport, Jones, of Franklin,
ham, Delauney, Jordan,
Anderson, of Frank-Dixon, of Walker, King,
lin, Dodson, Lawson,
Barclay, Emanuel, Lee,
Beavers, Espy, Liddle,
Bell, F arnall, Linder,
Bentley, Flournoy, of Mus- Lynch,
Bethea, cogee, Martin,of Gwinnett,
Black, Ford, of Cherokee, Maxwell,
Brown, of Bibb, Gathright, Mays, of Cobb,
Brown, of Fayette, Greene, of Macon, McCall,
Burt, Green, of Pike, McDuffie,
Carlton, Hammond, McMillian,of Tho's.
Carroll, Hampton, Millen,
Chandler, Hardman, Mitchell,
Chapman, Harrison,ofPutnam,Morris, of Cobb,
Chappell, Hendry, Morris, of Murray,
Chester, Hitchcock, Mhultrie,
Chipley, Hotchkiss, Murphey,ofDeKalb
Collier, Howard, Neal,
Craft, Hubbard, Nash,
Crawford, of Rich- Hudgins, Nixon
mond, Hunter, Osborne,
Crutchfield, Johnson, of Heard, Palmer,
13®
Parks*
Pitman*
Pitts,
Preston,
Price,
Pryor,
Head,
Richardson,
Sander3,
Sanford,
Sapp,
Shaw,
Sheffield*
Stiles,
Stone,
Thomas,
Walkef*
Warren,
Webb,
Welborne,
West,
Whigham, of Marion
Whitfield,
Whitworth,
Williams, of Bulloliv
Williams, of Harris *
Wilson.
Robertson,ofColnm-Thompson*
bia. Turner,
Robinson, of Jasper, Waldhour,
Robinson,of Laur'ns Wales,
Those who voted in the negative, are Messrs
Anderson,of WarrenFlournoy, of Wash-Mann, of Morgan,
Ashley, ington, ~ ~
Atkinson, Ford, of Lee,
Bigham, F oster,
Boynton, F ranks,
Bryan, of Houston, Hagerman,
Bryan, of Wayne, Hardage,
Cooke, Hardeman*
Crawford, of Ogle- Hardy,
thorpe, Harrison, of Rand'h. Smith*
Crawford, of Sum-Harris, N Stuart, of Ware,
ter, Hatcher,
Cutright, Hibbert,
Daniel, of Greene, Hines,
Daniel, of Thomas, Johnson, of Troup,
Darden, of Warren,Keaton,
Davis, Long',
Dawson, Lowe*
Fitzpatrick Loyall*
The House took up the report of the committee of the
whole, on the bill to alter and change the names of certain
persons therein named, and to legitimatize the same.
The report was amended and agreed to; the bid read the
third time, and passed under the title thereof.
Also—the report of the committee of the whole, on the
bill to form additional election precincts in the county of
Houston.
The report was agreed to; the bill read the third time,
and passed under the title thereof.
Also—the report of the committee of the whole, on the
bill to alter and fix the time of holding the Inferior Courts of
the county of Muscogee. -
The report was agreed to; the bill read the third time*
and passed under the title thereof.
Also—the report of the committee of the whole, on the
bill to repeal an act to consolidate the offices of tax collector
Mann, of Tattnall*
McCrimmon,
McGahagan,
McMillen, ofJacks'ns
Murphey, of Wilkin¬
son,
Rea,
Roberts,
Stroud* of Walton*
Snmner,
Tanner,
Tarver*
Taylor,
Toombs,
Towles.
140
and receiver of tax returns, so far as respects the counties
of Baldwin, Chattooga, Franklin, Gwinnett, Heard, Upson,
Wilkes, Mcintosh, Thomas, Jefferson, Cobb, Hancock,
Dooly, and Marion, passed on the 9th of December, 1839,
sa far as relates to the county of Upson.
The report was agreed to ; the bill read the third time,
and passed.
Also—the report of the committee of the whole, on the
bill to authorise the Governor to execute bonds of the State,
and to procure the negotiation thereof, for specie, for certain
purposes therein specified, and to require the directors of the
Central Bank of Georgia, to pay specie for the notes of said
bank, upon certain conditions.
Which, on motion, was postponed for further considera¬
tion.
Leave of absence was granted to Mr. Chapman, for a
few days, after to-day, on special business.
The House then adjourned until 9 o'clock, to-morrow
morning.
WEDNESDAY, November 25,1840.
Mr. Flournoy, of Washington, moved to reconsider so
much of the Journal of yesterday, as relates to the passage
of the bill to extend the time for fortunate drawers in the
several land lotteries, from the year 1818, to the present
time ; and in the lottery for the gold districts in the Chero¬
kee country, to take out their grants.
Whereupon, the yeas and nays were required to be re¬
corded, and are, yeas 110, nays 40.
Those who voted in the affirmative, are Messrs.
Anderson, of Chat- Covenah, Dodson,
ham, Chester, Emanuel,
Ashley, Chipley, Farnall,
Barclay, Collier, Flournoy, of Mus-
Bell, Cooke, co gee,
Bentley, Crawford, of Ogle- Flournoy, of Wash-
Bethea, thorpe, ington,
Bigham, Crawford of Sumter Ford, of Cherokee,
■Black, ^ Credille, Ford, of Lee,
Brown, of Bibb, Cutright, Foster,
Bryan, of Houston, Daniel, of Greene, Franks,
Bryan, of Wayne, Daniel, of Thomas, Gathright,
Burt, Dark, Greene, of Macon,
Cannon, Davenport, Green, of Pike,
Ul
Hagernian,
Hampton,
Hardeman,
Hardman,
Hardy,
Maxwell,
Mays, of Cobb,
McCall,
McCrimmon,
McDnfiie,
Harrison, of PutnamMcMillian, of
Harrison, of Ran- Thomas,
dolph,
Harris,
Hendry,
Hibbert,
Hines,
Hitchcock,
Howard,
Hubbard,
Hudgins,
Millen,
Morris, of Cobb,
Morris, of Murray, Sumner,
Murphey of DeKalbTaylor,
Murphey, of Wil- Thomas,
Sapp,
Shaw,
Sheffield,
Smith,
Stephens,
Stuart, of Ware,
Stiles,
Stone,
Stroud, of W alton*
kinson,
Neal,
Osborne,
Parks,
Johnson, of Heard, Pettee,
Johnson, of Troup, Pitman,
Jordan,
Liddle,
Lowe,
Ley all,
Mann, of Morgan,
Mann, of "Tattnall,
Toombs,
Towles,
Trayler,
Turner,
Waldhour,
Walker,
Welborne,
West,
Whitfield,
Whitworth.
Williams of Bulloch
Williams, of Harris,
Pitts,
Price,
Pry or,
Rea,
Reeves,
Richardson,
Martin, of Gwinnett,Robinson of LaurensWingfield.
Those who voted in the negative are Messrs.
Anderson, of Frank-Hatcher, Palmer,
lin, Hotchkiss, Preston,
Beavers, Jones, of Columbia,Read,
Boynton, Jones, of Franklin, Roberts,.
Brown, of Houston, Keaton, Robertson, of Co-
Carl ton, Lawson, lumbia,
Chandler, Lee, Robinson, of Jasper,
Craft, Lefils, Sanders,
Crawford, of Rich- Lynch, Sanford,
mond, McGahagan, Stroud, of Clark,
Crutchfield, McMiilen of JacksonTanner,
Dawson, Moultrie, Thompson,
Erwin, Nash, Warren,
Hammond, Nixon, Webb. •
Hardage,
So the House refused to reconsider.
Mr. Bryan moved to reconsider so much of the Journal of
yesterday, as relates to the bill to compel persons living out
of the county of Houston, who own property taxable therein,
to pay the tax on said property, in said county of Houston.
Whereupon, the yeas and nays were required to be re¬
corded, and are, yeas 50, nays 107.
142
Those who voted in the affirmative are Messrs.
Harrison, of Han- Reeves,
Boynton, dolph,
Brown, of Houston, Hendry,
Bryan, of Houston, Hines, _
Cannon, Hotchkiss,
Covenah, Johnson, of Troup,
Cooke, Jones, of Monroe,
Crawford, of Rich- Keaton,
mond, Lee,
Crawford, of SumterLynch,
Robinson of L aurens
Sermons,
Shaw,
Sheffield,
Stephens,
Stuart, of Ware,
Taylor,
Thomas,
Toombs,
Credille,
Dodson,
F arnall,
Ford, of Lee,
Gathright,
Greene, of Macon,
Hampton,
Martin, of Gwinnett, Waldhour,
Maxwell, Walker,
McGahagan, Welborne,
Moultrie, West,
Nash, Whitfield,
Osborne, Wilson,
Pettee,
Harrison, of Putnam
Those who voted in the negative, are Messrs.
Alexander, Daniel, of Thomas, Jones of Columbia,
Anderson, of Chat- Darden, of Warren, Jones, of Franklin,
ham, Dark, Jordan,
Wingfield.
Anderson, of Frank-Davenport,
lin, Davis,
Anderson of WarrenDawson,
Ashley, Emanuel,
Barclay, Erwin,
Beavers, Flournoy, of Mus
Bell, cogee,
Bethea, Flournoy, of Wash- Mays, of Cobb,
Bigham, ington, McCrimmon,
Black, Ford, of Cherokee, McDuffie,
Lawson,
Lefils,
Liddle,
Long,
Loyall,
Mann, of Morgan,
Mann, of Tattnall,
Boothe, Foster,
Brown, of Fayette, Franks,
Bryan, of Wayne, Green, of Pike,
Burt, Hagerman,
Carlton, Hammond,
Carroll, Hardage,
Chandler, Hardeman,
Chester, Hardman,
Chipley, Hardy,
Collier, Harris,
Craft, Hatcher,
Crawford, of Ogle- Hibbert,
thorpe, Howard,
Crutchfield, Hubbard,
Cutright, Hudgins,
Daniel, of Green, Johnson, of Heard, Preston,
McMillen of Jackson
McMillian, of
Thomas,
Millen,
Mitchell,
Morris, of Cobb,
Morris, of Murray,
Murphey, ofDeKalb
Murphey,of Wilkin-
son,
Neal,
Nixon,
Palmer,
Parks,
Pitts,
143
Price, Sanders, Tanner,
Pryor, Sanford, Thompson,
Rea, Sapp, Towles,
Read, Smith, Trayler,
Richardson, Stiles, Turner,
Roberts, Stone, Wales,
Robertson, of Co- Stroud, of Clark, Warren,
lumbia, Stroud, of Walton, Webb,
Robinson, of Jasper, Sumner, Whitworth,
So the House refused to reconsider.
Mr. Toombs moved to reconsider so much of the Journal
of yesterday, as relates to the bill relating to usurious con¬
tracts, assented to, 23d December, 1822.
Whereupon, the yeas and nays were required to be re¬
corded, and are, yeas 70, nays 93.
Those who voted in the affirmative, are Messrs.
Alexander, Hagerman, Pitts,
Anderson,of Chat'm Hampton, Preston,
Ashley, Hardeman, Price,
Bentley, Hardman, Rea,
Bethea, Hardy, Richardson,
Bigham, Harrison, ofRand'h.Robertson, of Co-
Brown, of Houston,Hibbert, lumbia,
Carlton, Hitchcock, Sanders,
Covenah, Hubbard, Sapp,
Craft, King, Sermons,
Crawford, of Ogle- Lee, Stuart, of Ware,
thorpe, Liddle, Stiles,
Crawford, ofRich'd.Long, Stone,
Crawford, of SumterLowe, Stroud, of W alton,
Credille, Lynch, Tanner,
Daniel, of Greene, Mann, of Morgan, Thomas,
Daniel, of Thomas, Mann, of Tattnall, Toombs,
Davenport, Maxwell, Waldhour,
Dodson, McCall, Warren,
Flournoy, ofMusco.McDuffie, Welborne,
Foster, McMillenof JacksonWilliams, of Bulloch
Franks, Millen, Williams, of Harris.
Gathright, Osborne, Wilson,
Greene, of Macon, Pitman, Wingfield.
Those who voted in the negative, are Messrs.
Anderson,of Frank'IBrown, of Fayette, Collier,
Anderson of WarrenBryan, of Houston, Cooke,
Barclay, Bryan, of Wayne, Crutchfield,
Beavers, ' Cannon, Catright,
Bell, Carroll, Darden, of Warren,
Black, Chandler, Dark,
Boothe, Chappell, Davis,
Boynton, Chester, Dawson,
Brown, of Bibb, Chipley, Dixon, of Walker,
144
Emanuel,
Erwin,
F arnall,
Fitzpatrick,
Ford, of Cherokee,
Ford, of Lee,
Green, of Pike,
Hammond,
Hardage,
Harris,
Hatcher,
Hendry,
Hines,
Hotchldss,
Howard,
Hudgins,
Lawson, Roberts,
Lefils, Robinson, of Jasper,
Loyall, Robinson of Laurens
Martin, of Gwinnett, Sanford,
Mays, of Cobb, Shaw,
McGahagan, Sheffield,
McMillian,ofTho's. Smith,
Mitchell, Stroud, of Clark,
Morris, of Cobb, Sumner,
Morris, of Murray, Tarver,
Moultrie, Taylor,
Mulkey, Thompson,
Murphey,of DeKalbTowles,
Murphey, of Wilk'n.Trayler,
Neal,
Nash,
Johnson, of Heaxd, Nixon,
Johnson, of Troup, Palmer,
Jones, of Franklin,
Jones, of Monroe,
Jordan,
Keaton,
Turner,
Wales,
Walker,
Webb,
West,
Whigham, of Marion
Whitfield,
Whitworth,
Parks,
Pettee,
Pryor,
Read,
So the House refused to reconsider.
Mr. Whitfield moved to reconsider so much of the Jour¬
nal of yesterday, as relates to the bill for the relief of Thomas
McGriff and others.
The House refused to reconsider.
The following message was received from the Senate, by
Mr. Bailey, their Secretary.
Mr. Speaker : The Senate has passed a bill to repeal the
second section of an act, passed in December, 1830, making
an appropriation for the benefit of the University of Georgia.
The following communication was received yesterday,
from his Excellency, the Governor, by Mr. Harris, his Sec¬
retary, to wit:
Executive Department, )
Milledgeville, Nov. , 1840. )
I have the honor to inform the General Assembly, that
complaints have been made to me, of abuses in the dis-
bipline of the Penitentiary. The accompanying docu¬
ments will inform you of the proceedings had thereon by
this department, and of the result of the investigation di¬
rected by me.
From the letter of resignation of one of the Assistant
Keepers, now communicated, it will be seen that he persists
in the charge of existing abuses, notwithstanding the report
of the inspectors.
I feel it my duty, in this state of things, to ask you to in¬
stitute a rigid scrutiny into the conduct of the officers of
145
that institution—this is due alike, to the gentleman having'
its superintendence, to public justice, and the cause of hu¬
manity.
charles j. Mcdonald.
Which being read, was, on motion of Mr. Osborne, re¬
ferred, together with the accompanying documents, to a
select committee of five.
Whereupon, the Speaker appointed Messrs. Osborne,
Stroud, of Walton, Millen, Hardeman, and Waldhour, that
committee.
Mr. Chappell introduced a bill to amend the charter of
the city of Macon, so far as respects the time of holding
charter elections of said city ; which was read the first time.
Mr. Howard presented the petition of sundry citizens of
Bibb County, praying for the relief of w ilham W. Stand-
lord, on a bond signed by himself, as security for the ap¬
pearance of Mary Watson, at Bibb Superior Court; and lor
the prosecution of a warrant against Bryant Pace, for assault
and battery, &c.
Which was referred to a select committee, consisting of
Messrs. Howard, Liddle, and Brown, of Bibb.
Mr. Ford, of Cherokee, introduced a bill to repeal so
much of an act, entitled an act, to authorise the Justices of
the Inferior Court of the several counties in this State, to
create and lay out any new districts, or change and alter
the lines of those already laid out, assented to, 23d Decem¬
ber, 1839, so far as relates to the county of Cherokee ; which
was read the first time!
Mr. Lee offered the following resolution, to wit:
Resolved, by the Senate and House of Representatives of the
State of Georgia,, That his Excellency, the Governor, be,
and he is hereby required, to pay over to Samuel D. Echols,
the Represenative in the Senatorial branch of the State
Legislature from Coweta County, all the common school
fund apportioned and due said county; which was read and
laid on the table.
Mr. Chester introduced a bill to extend the corporate
limits of the town of Bainbridge ; which was read the first
time.
Also—a bill to incorporate Bainbridge Female Academy,
in the county of Decatur; which was read the first time.
Mr. Price introduced a bill to appropriate a sum of money
to repair find put in good order the old federal road, com¬
mencing on the eastern side of Daniel's Mountain, and ter¬
minating at the Coosawattee River, and to appoint commis¬
sioners to carry the same into effect; which was read the
first time.
Also—a bill to compel the commissioners on the road
from Dahlonega, in Lumpkin County, by way of Elijay, in
10
146
Gilmer County, to the federal road in Murray County, and
to compel them to make a settlement with John J. Dicker-
son, George Brack, and Henry Wykel—and also to define
the mode of making such settlement; which was read the
first time.
Mr. Martin, of Gwinnett, laid upon the table a resolution,
authorising and requiring his Excellency, the Governor, to
furnish the county of Gwinnett, with twelve copies of the
Militia Laws now in force in this State, whenever the Laws
and Journals of 1S40, are distributed in said county; which
was read.
Mr. Hardman, from the select committee, to whom was
referred so much of the message of the Governor, as relates
to the claim of Solomon Jennings for arresting David Patton,
a fugitive from justice, reported a bill to refund to Solomon
Jennings, the amount of his expenditures, for the apprehen¬
sion and delivery of David Patton, a fugitive, to the author¬
ities of the State, and to authorise the Governor to draw his
warrant, &c.; which was read the first time.
Mr. Hardeman introduced a bill to point out and regulate
the manner of taking testimony by commissioners, in certain
cases; which was read the first time.
Mr. Osborne introduced a bill to authorise his Excellency,
the Governor, to furnish the Georgia Guards of Harris
County, with seventy stand of swords and pistols, for the
use of. the same ; which was read, the first time.
Mr. Davis introduced a bill to lay out and form a new
county, from the counties of Henry, Pike, Fayette, and
Butts ; which was read the first time.
Mr. Pryor laid on the table a resolution, authorising the
Governor to pay the accounts of Captain John Wilcher's
company, for services rendered, and subsistence furnished,
in the campaign of 1836.
Mr. Shaw moved to suspend the order; which was
agreed to—and offered the following resolution:
Resolved, That the commissioners in charge of the Lunatic
Asylum, be, and they are hereby required to report to this
House at an early day, in relation to the progress of said
institution, the amount which has been expended of the
appropriation which has been made, and what additional
appropriation (if any), may be necessary to complete the
building, and such other information as they may consider
necessary, in order to further legislative action; and that
the Clerk give notice to said commissioners, of this resolu¬
tion ; which was agreed to.
Mr. Hotchkiss introduced a bill more fully to define the
fees of Sheriffs, Coroners, and Constables in this State, in
certain cases ; which was read the first time.
Mr. Emanuel introduced a bill to change the place of
holding elections, from the house of R. A. Hall, to the
i 47
house of Robert Carsons, in the county of Talbot; which
was read the first time.
Leave of absence was granted .to Mr. Nixon, for a few
days, after to-day, on account of indisposition in his family;
also, to Mr. Pitts, for a few days, after to-day, on special
business.
Mr. Taylor laid on the table a resolution, that, after Sat¬
urday next, it shall be the standing rule of the House, to
.meet at 9 o'clock, A. M., and at 3 o'clock, P. M., until
altered by the House.
On motion of Mr. Crawford, of Richmond,
The order was suspended for the purpose of allowing him
to present a petition from sundry citizens of the county of
Emanuel, in behalf of Matthew Gay, a convict in the Peni¬
tentiary.
Which was referred to the Committee on the Penitentiary,
without being read.
Also—On motion of Mr. Crawford, of Richmond,
The order was further suspended, to allow him to present
-a memorial from sundry citizens of Richmond County, pray¬
ing that no legislative action be had at this time, in relation
to the resumption of specie payments by the banks of this
Statewhich was read, and laid on the table.
The House took, up the report ©f the committee of the
whole, on the bill to compel the several banks of this State,
to redeem their respective liabilities in specie, and to pro¬
vide for the forfeiture of the charter or charters of such as
may refuse.
Mr. Crawford, of Richmond, moved to strike out the word
February, in the first section of the bill. ^
Whereupon, the yeas and nays were required to be re¬
corded^ and are yeas 41, nays 131.
Those who voted in the affirmative, are Messrs.
Alexander, Cutright, Richardson,
Bentley, Davis, Sapp,
' Bethea, Emanuel, Smith,
Bigharn, Erwin, _ Stuart, of Ware,
Black, Fitzpatrick, Stroud, of Clark,
Boynton, F ranks, Tarver,
Brown, of Houston, Greene, of Macon, Taylor,
Bryan, of Houston, Hampton, Trayler,
Carroll, '.Hubbard, Walker,
Coven ah, ,Lefils, Warren,
Chappell, L iddle,, Whigham, of Marion
Craft, Maxwell, Whitfield,
Crawford, ofRich'dJVIcGahagan, Williams, ,of Harris.
Crawford, ofSumterMulkey,
143
Those who voted in the negative* are Messrs;-
Anderson, of Chat- Hardeman, Neal,
ham, Hardman, Nash,
Anderson, of Frank- Hardy, Nixon,
hn, Harrison, of Putnam Osborne,
Anderson of WarrenHarrison, of Rand'h.Palmer,
Ashley,
Atkinson*
Barclay,
Beavers,
Bell,
Brown* of Bibb,
Brown, of Fayette
Bryan,, of W ayne,
Burt,
Carlton,.
Cannon,
Chandler,,
Chipley,
Collier,
Cooke,
Crawford, of Ogle- Keaton,
thorpe, King,
Credille, Lawson,
Crutchfield, Lee,
Daniel, of Greene, Binder,
Daniel, of Thomas, Long,
Darden of Warren, Lowe,
Dark,
Davenport,
Dawson,
Delauney,
Dixon, of Walker,
Dodson,
Espy,
F arnall,
Flournoy, of Mus
cogee
Harris,
Hatcher,
Hendry*
Hibbert,
Hines,
Hitchcock*
Hotchkiss,
Howard,
Hudgins,
Johnson, of Heard ,
Parks,
Pettee,
Pitman,
Preston,.
Price,
Pryor,,-
Rea,
Read,
Reeves,
Roberts,
Johnson, of Troup, Robertson,, of Co- ■
Jones, of Columbia, lumbia,
Jones, of Franklin, Robinson, of Jasper,
Jones, of Monroe,
Jordan,
Robin son. ofL aureus
Sanders,
Sanford,
Sermons,
Shaw,
Sheffield,
Stephens*,
Stiles,
Stone,
Stroud, of Walton,
Sumner,
Tanner,
Thomas,
Flournoy, of Wash- McMillian, of
Loyall*
Lynch,
Mann, of Morgan,
Mann, of Tattnall,
Martin, of Gwinnett, Thompson,
Mays, of Cobb, Toombs,
McCall, Towles,
McCrimmon, Turner,
McDuffie, Waldhour,.
McMillen of Jackson W ales,
ington,
Ford, of Cherokee,
Ford, of Lee,
Foster,
Gath right,
Green, of Pike,
Hagerman,
Hammond, \
Hardage,
Webb,
Welborne,
West,
Whitworth,
Williams, of Bulloch
Wilson,
Wing-field,
Thomas,
Millen,
Mitchell,
Morris, of Cobb,
Morris, of Murray,.
Moultrie,
Murphey, of DeKalbWooten.
Murphey, of Wil¬
kinson,
So the House refused to strike out-
The House was then adjourned to 9 o'clock, to-morrow
j&iorning.
149
THURSDAY, November 26, 1S4&
Deave of absence was granted to Mr. Darden, of Warren,
after to-day, for a few days; to Mr. Hampton, for a few
days, on special business; and to Mr. Fitchett, the messen¬
ger, for a few days, on account of indisposition.
The House resumed the unfinished business of yesterday,
to wit, the report of the Committee of the Whole, on the
bill to compel the several banks of this State, to redeem their
respective liabilities in specie, and to provide for the for¬
feiture of the charter or charters of suoh as may refiise; and
the same being amended, Mr. Chappell offered the following
additional amendment.
And be itfurther- enacted, That for the purpose of provid¬
ing for the circulation of the Central Bank, the Governor
shall be authorized and required to issue the bends of the
State, in sums not less than five hundred dollars each, re¬
deemable at the end of five years, drawing eight per cent,
interest, payable annually, which bonds shall be issued to
an amount not exceeding one million of dollars; and shall
be used and applied exclusively to the object of taking up
and redeeming the bills of the Central Bank now in circula¬
tion: and to that end,
Be it further enacted, That his Excellency the Governor
shall cause to be sold, said bonds at par, for Central Bank
bills, or-specie, if such sales can be effected, and that such
bonds shall not be sold or negotiated to a greater extent
than shall be necessary to the redemption of the bills of the
Central Bank now in circulation.
Be it further enacted, That all the assets of -the Central
Bank shall be pledged, in the first instance, to the payment
of the bonds to be issued and sold as aforesaid, the interest
at the end of every year, the principal at the end of five
years.
To which Mr. Osborne offered the. following amendment.
And he it further enacted, That the bills of the Central
Bank shall be redeemed by the issue of State bonds; and
for the redemption of which, the Western and Atlantic Rail
Road shall be pledged.
When Mr. C-hipley called for the previous question, which
was sustained by the House; and on the question, shall the
main question now be put? it was decided in the affirmative.
The main question was then put, which was to agree to
the retort, of the Committee of the Whole, as amended.
The House agreed thereto.
The bill was then read the third time and passed.
On motion of Mr. Stephens, the order was suspended to
introduce the following resolution, which was agreed to.
Resolved, That both branches of the General Assembly^ if
the Senate concur,, will convene in the House of Representa-
15®
five's, tins evening, at three o'clock, to proceed, to the Unfin¬
ished joint business of Monday evening last, to wit, the elec¬
tion of a Major-General for the 12th division, G. M.
The following message was received from the Senate by
Mr. Bailey, their Secretary r
Mr. Speaker: The Senate has' concurred in the resolution'
©f the House of Representatives, in relation to the election
of a Major-General of the I2th division-, G. M.,- this day, at
She hour of three o'clock, P. M.
Mr. Hardeman,? from the select committee, to* whom was
referred that part of the Governo/s message, which relates
to the elaims of Charles Dougherty, James A. Meriwether,
and Samuel A. Wales,..for professional services rendered, in
defending certain cases in the Superior Court of Habersham
county, submitted the following report:
That by a resolution adopted by the General Assembly
of this State, in December 1838, the Governor was required
to employ counsel to defend the' titles to certain lands in the
county of Habersham, for the recovery of which, actions of
ejectment had been commenced in the Superior' Court of
said county, against the persons in possession, in favor of
the plaintiff's claiming' to have better and adverse titles to1
said lands, under a treaty entered into between the United
States and the Cherokee Nation. That previous to the em¬
ployment of counsel by the Governor, the defendants had
engaged the services of Samuel A. Wales, Esq., to defend
said actions. The defendants, actuated by the belief that
the State was bound to defend the titles, granted by herself,-
petitioned to the General Assembly to have Samuel A.
Wales, Esquire, placed upon the same footing, in regard to
compensation, as the gentlemen employed by his Excellency
the Governor. The General Assembly at its session of 1839,
Complied with the request of the petitioners, and by the act
of appropriation of that year, authorized his Excellency the
Governor, to draw his warrant upon the Treasury, in favor
of Charles Dougherty and James A. Meriwether, Esquires,
counsel employed by the Governor, and the said Samuel A.
Wales, Esquire, for professional services rendered, in de-
fending said actions of ejectment, agreeable to the resolu¬
tion of the Legislature, at its previous session, for such suno
as he might deem a reasonable compensation to each.
His Excellency, the Governor, on the application of Sam¬
uel A. Wales, Esquire, for his compensation for services
rendered, in defending; said cases, Under the act of appro¬
priation, did not feel himself authorized to draw a warrant
in favor of the said Wales, because he had not been employ-
ed by the Governor in conformity to the resolution of 1838,
but was retained by the defendants*
The act of appropriation restricted the Governor to the
counsel engaged agreeably to the resolution of 1838. The
151
committee agree with his Excellency the Governor, that a
strict construction of the act of appropriation, justified the
Governor in pursuing the course he did; yet, we believe
that the General Assembly, by placing, or by attempting to
place the said Samuel A. Wales, on the same footing, as to
compensation, with the counsel employed by the Governor,
must have done so from the conviction that the State was
bound to defend the titles granted by herself. The commit¬
tee are not prepared to say that the State is bound in all
cases, to defend the grants made by herself, yet as the Le¬
gislature concluded that it was right that the State, in the
particular cases, should defend, and as the said Samuel A.
Wales, after the passage of the appropriation in his favor,
surrendered to the defendants the obligation taken from them
for his fee, in consequence of the appropriation in his behalf;
the committee have come to the conclusion that the State
ought to pay the said Samuel A. Wales the same fee paid
to each of the other counsel employed by his Excellency the
Governor. The committee recommend the adoption of the
following resolution to wit:
Resolved, That his Excellency the Governor, be and he is
hereby authorized to draw his warrant upon the Treasury,
for such sum of money, in favor of Samuel A. Wales, In¬
quire, for professional services rendered by him, in defend¬
ing certain actions of ejectment in the Superior Court of
Habersham county, at the instance of the heirs of Samuel
Ward, against John S. Dobbins, George Edmondson, and
others, as was paid to Messrs. Charles Dougherty and James
A. Meriwether, for like services, and that the same be pro¬
vided for in the act of appropriation.
Which was read and agreed to.
The following message was received from the Senate, by
Mr. Bailey, their Secretary,to wit:
Mr. Speaker: The Senate has agreed to a resolution rela¬
tive to the charge of members of the Legislature, for mileage
pay, and defining the mode for the regulation of the same;
also, agreed to a resolution calling upon his Excellency the
Governor, to furnish both branches of the General Assembly
with a report from the commissioners superintending the
building a Lunatic Asylum, in relation to the progress of
the work; to which the concurrence of the House of Rep¬
resentatives is desired.
The Senate has also concurred with the House of Repre¬
sentatives, in the resolution authorizing his Excellency the
Governor, to pay over to the Senator of Liberty county, the
amount of common school fund apportioned and due said
county; and has likewise concurred with the House of Rep¬
resentatives in their amendment to the resolution of the Sen¬
ate authprizing the Secretary of State and Surveyor-General
152
to employ assistant clerks in their respective departments,
during the present session of the Legislature.
The following communication was received from his Ex¬
cellency the Governor, by Mr. Harris, his Secretary:
Executive Department^ >
Milledgevillle, 25th Nov. 1840. )
I feel it my duty to- inform the Legislature, that a difficulty
has arisen in regard to the construction of the second section
of the act of the last session, to impose, levy, and collect, a
tax for the political year 1840.
The Treasurer has construed it to require the payment of
one half of the taxes collected this year, into the Treasury,
and has accordingly so ordered. Some of the counties
claim the entire amount of taxes, contending that the law
applies to the taxes collected the next year.
It would be well for the safety of tax collectors and their
sureties, that the difficulty should be settled by a legislative
construction.
charles j. Mcdonald.
Which was read and referred to the Judiciary Committee.
On motion of Mr. Osborne, the order was suspended,,
when he offered the following resolution j which was read
and agreed to.
Resolved, That the Select Committee, to whom has been
referred the Governor's message in relation to making cer¬
tain enquiries into the coiiduct of the officers of the Peniten¬
tiary, have power to send for persons and papers, and to
take the testimony of witnesses, on oath,.touching, the subject
matter of such enquiries.
The following bills were read the second time and com¬
mitted.
A bill to alter the third section of the second article of
the Constitution of this State.
A bill to impose, levy, and collect, a tax for the political
year 1841, on property both real and personal, and to inflict
penalties for refusing or neglecting to comply with the pro¬
visions of the same.
Messrs. Burt and Lawson asked and obtained leave of
absence, for a few days, after to-day, on special business.
The House was then adjourned to 3 o'clock, this afternoon.
Three o'clock, P. M.
Leave of absence was granted to Mr. Long, for a few
days, on special business.
The following bills were severally read the second time,
and referred to a Committee of the whole House, to wit:
153
A bill to legitimatize and change the name of Stephen
Handley to that of Stephen Harris.
A bill to repeal an act, entitled an act to alter an act, for
the better selecting grand and petit jurors for the several
counties in this State, passed on the 7th day of December,
1805, so far as respects the counties of Floyd, Walker, Mur¬
ray, Gilmer, Union, Lumpkin, Forsyth, Cass, Cherokee,
Paulding, and Cobb, assented to, December 22d, 1835.
A bill to make it the duty of the Judge of the Superior
Courts of the Coweta circuit, to continue the court in Troup
county, two weeks.
A bill to extend the corporate limits of the town of For¬
syth, in Monroe county.
A bill to authorize Ely Jones, now a resident on the line
dividing the counties of Clark and Walton, to do and per¬
form all and singular, the duties required of him by the laws
of the State as a citizen thereof, in the county of Walton,
and to legalize the same.
A bill to abolish capital punishment for crimes committed
by free white persons, with the exception of treason.
A bill to repeal an act, entitled an act to exempt certain
persons from jury and militia duty in the county of Mcintosh,
passed 21st December, 1839.
A bill to change the place of holding elections, from Hen¬
derson's, to the White Sulpur Springs, both in the third dis¬
trict of Meriwether county.
A bill to amend an act, entitled an act to prevent persons
from obstructing the free passage of fish, up the Altamaha
river, by the use of gill nets, or seines, over fifty feet in
length.
A bill to change the time of holding elections for Electors
of President and Vice President of the United States.
The following message wJs received from his Excellency
the Governor, by Mr. Home, his Secretary, to wit:
Mr. Speaker: His Excellency the Governor, has assented
to and signed, a resolution bringing on the election for a
Major-General of the twelfth division, G. M., this day, at
three o'clock.
On motion, the Clerk was directed to inform the Senate
that the House of Representatives are now ready to receive
them in their Chamber for the purpose of proceeding to the
election set apart for this afternoon, to wit, the election of a
Major-General of the twelfth division, G. M.
Which duty being performed, the President and members
of the Senate attended, and the ballots being received and
examined it appeared that Daniel H. Bird was duly elected.
The President and members of the Senate then withdrew.
The reconsidered bill, "to repeal so much of the'third
section of an act passed the 24th December, 1835, to alter
and amend an act, to change the names of certain persons
154
therein mentioned, and to legitimatize those persons whose
names are so changed, so far at relates to the legitimatizing
and investing Caroline Amanda Tuttle, formerly Caroline
Amanda Graham, with the rights and privileges of an heir
at law of her reputed father, James Tuttle, of Scriven coun¬
ty," was taken up and being put upon its passage, the yeas
and nays were ordered to be recorded, and are yeas 101,
nays 50.
Those who voted in the affirmative, are Messrs.
Alexander, Hammond, Morris, of Murray,
Anderson, of Chat- Hardage, Moultrie,
ham, Harrison, of PutnamMurphey, ofDeKalb
Anderson, of Frank-Harrison, of Ran- Murphey, of Wil-
lin, dolph,
Atkinson, Harris,
Beavers, Hatcher,
Bell, Hendry,
Bigham, Hibbert,
Brown, of Fayette, Hines,
Brown, of Houston, Hitchcock,
Bryan, of Wayne, Hotchkiss,
Howard,
Hudgins,
Hudson,
Johnson, of Heard,
Jones, of Franklin,
Keaton,
Carlton,
Carrol],
Covenah,
Chandler,
Collier,
Cooke,
Craft,
Credille,
Crutchfield,
Hark,
Hawson,
Helauney,
Hixon, of Walker,
Dufour,
Erwin,
Espy,
Farnall,
Flournoy, of Mus¬
cogee,
Ford, of Cherokee,
Gathright,
Green, of Forsyth,
Greene, of Macon,
Green, of Pike,
King,
Lawson,
Lee,
Lefils,
Loyall,
Lynch,
Mann, of Tattnall,
Martin, of Gwinnett, Turner,
Mays, of Cobb, Tarver,
McCall, Thomas,
McCrimmon, Thompson,
McBuffie, Walker,
McMillen of J acksonW ebb,
kinson,
Neal,
Nash,
Osborne,
Palmer,
Pettee,
Pitman,
Preston,
Price,
Pryor,
Read,
Roberts,
Robinson, of Jasper,
Sanders,
Sanford,
Sheffield,
Smith,
Stuart, of Ware,
Stone,
Stroud, of Walton,
Sumner,
Welborne,
Williams of Bulloch,
Williams, ofHarris,
Wilson.
McMillian, of
Thomas,
Millen,
Mitchell,
Morris, of Cobb,
. Those who voted in the negative, are Messrs.
Anderson of WarrenBoynton, Chipley,
Barclay, Brown, of Bibb, Crawford, of Ogle-
Bentley, Chappell, thorpe,
155
Crawford, of Rich- Hardman, Robertson, of Co-
mond, Hafdy, lumbia,
Crawford of Sumter Hubbard, Robinson of Laurens
Outright, Johnson, of Troup, Sapp,
Daniel of Greene, Jones, of Columbia,Shaw,
Daniel of Thomas, Jones, of Monroe, Stephens,
Darden, of Warren, Liddle, Stroud, of Clark,
Davenport, Lowe,
Davis, Mann, of Morgan,
Dodson, Martin, of Morgan,
Emanuel, McGahagan,
Ford, of Lee, Mulkey,
Franks, O'Neal,
Hagerman, Parks,
Hardeman, Reeves,
So the. bill was passed.
The House was then adjourned to 9 o'clock, to-morrow
morning*
Taylor,
Toombs,
Waldhour,
West,
Whigham of Marion
Whitfield,
Whitworth,
FRIDAY, November 27, 184(1.
Leave of absence was granted to Mr. Preston, after to¬
day, for a few days, on special business.
Mr. Tanner moved to suspend the order of the day for
the purpose of taking up a Resolution, previously offered by
him, that his Excellency the Governor be authorized to trans¬
mit with the Laws and Journals of the present Session to the
county of Dade, six copies of Green & Lumpkin's Georgia
Justice, also the same number of Dawson's Compilation, for'
the use of the Justices of the Inferior Court, and the Justices
of the Peace, in and for said county y which was read and
agreed to.
On motion of Mr. Hammond, the order was suspended,
for the purpose of taking up the recommitted bill for the par¬
don of Jackson Mahon.
Mr. Crawford, of Richmond, offered the following amend¬
ment :
"Provided^ That the said Jackson Mahon shall produce
satisfactory evidence to his Excellency the Governor, that in
the mean time the said Jackson Mahon has been orderly and
industrious in his habits."
Upon receiving the amendment, the yeas and nays were
required to be recorded, and are, Yeas 56, Nays 108*
Those who voted in the affirmative, are Messrs.
Alexander, Atkinson, Black,
Anderson ofChat'm Barclay, Brown, of Houston,
156
Carlton, Hardage,
Cannon, Hardman,
Chester, Hibbert,
Craft, Hines,
Crawford, of Rich-Hitchcock,
mond, Hubbard,
C r awfor d, of SumterL efils,
Credille, Lynch,
Daniel, of Greene, Maxwell,
Daniel, of Thomas,McMillian, of Tho's, Wales,
Sanford,
Sermons,
Shaw,
Stephens,
Stone,
Stroud, of Walton,
Taylor,
Toombs,
Trayler,
Davis,
Dixon, of Walker,
Erwin,
Espy,
Fitzpatrick,
Foster,
Gathright,
Hammond,
Morris, of Cobb, Walker,
Osborne, Warren,
Pitman, Welborne,
Roberts, Williams, of Bulloch
Robertson, of Co- Williams, of Harris,
lumbia, Wing-field,
Robinson, of Lau- Wooten.
rens,
Those who voted in the negative, are Messrs.
Anderson, of Frank-Dodson, Liddle,
lin, Dufour, Linder,
Anderson, of War-Emanuel, Lowe,
ren,
Ashley,
Beavers,
BeH,
Bentley,
Bethea,
Bigham,
Boothe,
Boynton,
Brown, of Bibb,*
Farnall, Loyall,
Flournoy, of Mus- Mann, of Morgan,
cogee, Mann, of Tattnall,
Flournoy, of Wash-Martin, of Morgan,
ington, Mays, of Cobb,
Ford, of Cherokee, McCall,
Ford, of Lee, McComb,
Franks, McCrimmon,
Green, of Pike, McDuffie, *
Hagerman, McGahagan,
Brown, of Fayette, Hardeman, McMillen, of Jack-
Bryan, of Houston,Harrison, of Ran- son,
Bryan, of Wayne, dolph,
Carroll, Harris,
Covenah, Hatcher,
Chandler, Hendry,
ChappeU, Hotchkiss,
Chipley, Howard,
Collier, Hudgins,
Cooke, Hunter,
Grawford, of Ogle-Johnson, of Heard, O'Neal,
thorpe, Jones, of Columbia,Palmer,
Crutchfield, Jones, of Franklin, Parks,
Cutright, . Jones, of Monroe, Pettee,
Dark, Jordan, ' Preston,
Davenport, Keaton, Price,
Delauney, Lee, Pryor,
Meadows,
Mitchell,
Moultrie,
Mulkey,
Murphey, ofWilkin¬
son,
Neal,
Nash,
157
Rea, Stuart, of Ware, Turner,
Read, Stiles, Waldhour,
Reeves, Stroud, of Clark, Webb,
Richardson, Sumner, West,
Robinson, of Jasper,Tanner, Whigham,of Marion
Sanders, Tarver, White, of Jasper,
Sheffield, Thomas, Whitworth,
Smith, Thompson, Wilson.
Stewart,of MclntoshTowles,
So the amendment was rejected.
The Report being amended, was agreed to; the bill read
the third time, and passed.
Mr. Stephens, from1 the Select Committee to whom was
referred so much of the Governor's Special Message upon
the subject of certain claims against the State as relates to
the claim of the heirs of David McCullough, made the fol¬
lowing
REPORT.
That, after an examination into the history and merits of
this claim, they are of opinion that, notwithstanding' its great
antiquity, it is entitled to the favorable and liberal considera¬
tion of the Legislature. The claim, besides many strong
corroborating circumstances, seems to be most firmly estab¬
lished by a Resolution of the House of Representatives, in
the year 1794, which is to be found on the Journals of that
date, recognizing the same to be "just and true to the amount
of thirteen hundred and ninety-five pounds fifteen shillings,
after depreciating the same, agreeable to the scale of depre¬
ciation at the date" of the account, according to the Resolu¬
tion, appears to have been for supplies furnished the forces
of this State, during the war of the Revolution. The de¬
preciation, or reduction, to a specie standard, which was
directed to be made, as above stated, the Committee find,
by reference to "Scaling Tables" of that day, to be nearly
five sixths of the nominal amount or value ; and the sum of
thirteen hundred and ninety-five pounds and fifteen shillings
so scaled, makes the sum of (<£263.8) two hundred and sixty-
three pounds and eight shillings, then due according to the
resolution ; and which, when reduced to Federal money, is
the sum of ($1128 86) eleven hundred and twenty-eight
dollars and eighty-six cents. This amount, then acknowl¬
edged by the House of Representatives to be cjue, your Com¬
mittee are clearly of opinion has never been discharged, and
they think ought now to be paid. Forty-six years have
passed since that acknowledgment of debt was made. The
interest, at the legal rates of this State, for that period, would
be the sum of ($4,153 80) four thousand one hundred and
fifty-three dollars and eighty cents; making the entire claim,
including the interest now due, the sum of ($5,282 66) five
158
thousand two hundred and eighty-two dollars and sixty-six
cents. Upon the subject of interest, some doubts have been
entertained by some of the Committee. It would seem,
however, that the great principles of justice should govern
this as other cases of equity and right; and these the mem¬
bers of the House can determine as well without as with
any considerations offered by the Committee. No argument
of theirs could either strengthen or weaken that- obligation.
In pursuance of these views, in conclusion, the Committee
submit the following Resolution :
Resolved, That the sum of eleven hundred and twenty-
eight dollars and eighty-six cents, which appears to be justly
due, as principal on the claim of the heirs of David McCul-
lough against the State for supplies 'furnished during the
Revolutionary War, ought to be paid; and that said sum of
money, for said object, be inserted in the general appropria¬
tion bill of this Session.
And be it further resolved, That the sum of four thousand
one hundred and fifty-three dollars and eighty cents, the
amount of interest due on the same claim, ought also to be
paid; and that such sum likewise be accordingly inserted
in the appropriation bill.
On motion of Mr. Stephens, said Report was made the
special order of the day for to-morrow.
On motion of Mr. Crawford, of Richmond, the order was
suspended generally, for the purpose of introducing bills.
Mr. Chappell introduced a bill to incorporate an institution
for the promotion of Christian knowledge and general edu¬
cation, to be called the " Georgia Episcopal Institute and
Christ College," at Montpelier, in the county of Monroe;
which was read the first time.
Mr. Crawford, of Richmond, introduced a bill amendatory
to an act relative to the several tax laws of this State, which
was approved on the 8th day of December, 1810; which
was read the first time.
Mr. Stroud, of Clark, introduced a bill to authorize the
clerk of the Inferior Court of the county of Clark, to adver¬
tize estrays in one of the gazettes published in Athens;
which was read the first time.
Mr. White, of Jasper, introduced a bill to repeal an act,
entitled "An act to add part of Newton county to Jasper
county," assented to 22d December, 1834; and also to trans¬
fer certain suits from the county of Jasper to the county of
Newton ; which was read the first time.
Also-—A bill to authorize the Inferior Court of Jasper
county "to levy an extra tax on the citizens of said county, to
enable said Court to pay for the erection of a court-house in
said county ; which was read the first time.
Mr. Murphey, of DeKalb, introduced a bill to repeal an
act, entitled "An act to compensate persons who may be
159
compelled to attend the Superior Courts of this State as
witnesses in behalf of the State, in counties other than where
such person or persons may reside ; which was read the first
time.
The following communication was received from his Ex¬
cellency the Governor, by Mr. Harris, his Secretary :
Executive Department, >
Milledgeville, 27th Nov., 1840. )
I have the honor to furnish the House of Representatives,
agreeably to their resolution, with a detailed statement of the
vote in the several counties, for annual and biennial sessions
of the General Assembly, together with the aggregate vote
given in each county, for members of Congress, as nearly as
it could be ascertained, on the 1st Monday in October last.
The vote for members of Congress was ascertained by ad-
cling together the votes received, by two gentlemen belonging
to opposite political parties. I transmit a statement, also, of
the votes polled at the election, taken from the lists returned
to this Department. CHARLES J. McDONALD.
Which was taken up, read, and, with the accompanying
documents, referred to the Committee on Privileges and
Elections.
The House took up, amended, and agreed to the Report
on the bill "to point out the tribunal and mode for the trial
of questions of citizenship in certain cases, and to declare
what shall be evidence in the same." . The bill was read the
third time, and passed.
-Also—The Report on the bill " to appropriate money for
the building of an Academy in the county of Chattooga, and
apply the same ;" which, on motion, was postponed for
further consideration.
Also—The Report on the bill "to repeal so much of an
act, passed 23d December, 1839, as relates to the names of
certain persons, and to alter the names of the same, and to
legitimatize them, and others herein named, and make them
legal and lawful heirs of their reputed father;" and agreed
thereto. The bill was read the third time, and passed.
The House took up and amended the Report on the bill
to change and define the lines between the counties of Gwin¬
nett and DeKalb, so as to include the premises of Mr. Nesbit,
immediately on the line, -in the county of Gwinnett, on Frac¬
tion Lot No. 256, in the county of DeKalb; and agreed
thereto. The bill was read the third time, and passed.
Also—The Report on the bill to repeal an act to amend
the second section of an act, passed the 23d day of Decem¬
ber, 1837, to compensate the Grand and Petit Jurors of the
Superior and Inferior Courts of the several counties therein
160
named, so far as relates to the county of Elbert, passed the
23d day of December, 1838 ; and agreed thereto. The bill
was read the third time, and passed.
Also—The Report on the bill to add Fraction No. 145, 8th
District, Hall county, to the county of Forsyth ; and agreed
thereto. The bill was read the third time, and lost.
The House took up the Report on the bill to change the
time of holding Election for Electors of President and Vice
President of the United States ; and agreed thereto. The
bill was read the third time, and lost.
The House took up the Report on the bill to alter the 3d
section of the 2d article of the Constitution of this State;
and agreed thereto. The bill was read the third time, and
on the question, "Shall this bill now pass?" the yeas and
nays were required to be recorded, and are, Yeas 64, Nays
92.
Those who voted in the affirmative, are Messrs.
Anderson, of Chat-Green, of Forsyth, Mulkey,
ham, Green, of Pike, Murphey,of DeKalb
Barclay, Hardage, Neal,
Beavers, Harrison, of Ran- Palmer,
Bethea, dolph, Pettee,
Boothe, Harris, Pitman,
Brown, of Fayette, Hatcher, Read,
Bryan, of Wayne, Hibbert, Roberts,
Carlton, Hines, Robinson, of Lau-
Carroll, Hudgins, rens,
Covenah, Hunter, Sanders,
Collier, Jones, of Franklin, Sanford,
Crawford, ofSumterKeaton, Smith,
Crutchfield, Ring, Stroud, of Walton,
Dark, Lee, Sumner,
Dawson, Liddle, Tanner,
Erwin, Mann, of Tattnall, Thompson,
Espy, Martin, of Gwinnett, Turner,
Flournoy, ol Wash-McCall, Welborne,
ington, McCrimmon, Whitfield,
Ford, of Cherokee, Meadows, Williams,of Bulloch
Franks, Mitchell, Wilson.
Gathright, Morris, of Murray,
Those who voted in the negative, are Messrs.
Alexander, Bigham, Cooke,
A nderson, of F rank-Black, Craft,
lin, Boynton, Crawford, of Ogle-
Anderson, of War-Brown, of Bibb, thorpe,
ren, Brown, of Houston,Crawford, of Rich-
Atkinson, Chandler, mond,
Bell, Chester, Credille,
Bentley, Chipley, Cutright,
161
Daniel, of Greene, Lander,
Daniel, of Thomas,Lowe,
Davenport,
Davis,
Delauney,
Dodson,
Dufour,
F arnali,
Fitzpatrick,
Loyall,
Lynch,
Mann, of Morgan,
Martin, of Morgan,
Maxwell,
Mays, of Cobb,
McDuffie,
Flournoy, of Mus- McGahagan,
cogee.,
Ford, of Lee,
Foster,
Hagerman,
Hardeman,
Hardman,
McMillen, of Jack-Tarver,
son, Taylor,
McMillian, of Tho's,Thomas,
Robertson, of Co¬
lumbia,
Robinson, of Jasper,
Sapp,
Sheffield,
Stephens,
Stewart,of Mcintosh
Stuart, of Ware,
Stiles,
Stroud, of Clark,
Millen,
Morris, of Cobb,
Nash,
Harrison, ofPutnamO'Neal,
Hitchcock, Osborne,
Howard, Parks,
Hubbard, Preston,
Johnson, of Heard, Price,
Johnson, of Troup, Pry or,
Jones, of Monroe, Rea,
Jordan, Reeves,
Lefils, Richardson,
-So the bill was lost.
Toombs,
Trayler,
Waldhour,
Wales,
Walker.,
Warren,
Webb,
West,
Whigham,of Marion
White, of Jasper,
Whitworth,
Williams, of Harris.
The House took up the Report on the bill to authorize his
Excellency the Governor of the State of Georgia, to cause
to be paid over to the proper authorities of Gwinnett county,
all money due the academic or poor school fund of said
•county, under the act of 1837, section 8th, and which act
was repealed in 1838'; a,nd agreed thereto. The bill was
read the third time, and passed.
Also—The Report on the bill to impose, levy and collect
a tax for the political year 1841, on property both real and
personal, and to inflict penalties for refusing or neglecting to
comply with the provisions thereof; which, on motion, was
referred to the Committee on Finance.
Also—The Report on the bill to legitimatize and change
the name of Stephen Handley to that of Stephen Harris ;
and agreed thereto. The bill was read the third time, and
passed.
Also—The Report on the bill to repeal an act, entitled
An act to alter an act for the better selecting Grand and
Petit Jurors, for the several counties in this State, passed on
the 7th day of December, 1805, so far as respects the coun¬
ties of Floyd, Walker, Murray, Gilmer, Union, Lumpkin,
Forsyth, Cass, Cherokee, Paulding, and Cobb, assented t©
162
December 22d, 1335 ; and tbe same being amended, was
postponed for further consideration.
Also—The Report on the bill to repeal an act entitled An
act to exempt certain persons from jury and militia duty, in
the county of Mcintosh, passed 21st December, 1839 ; the
Report was agreed to, the bill read the third time,, and
passed.
The House took up the Report on the bill to change the
place of holding elections from Henderson's to the White Sul¬
phur Springs, both in the third District of Meriwether coun¬
ty ; and agreed thereto. The bill was read the third time,
and passed.
The House took up the Report on the bill to extend the
corporate limits of the town of Forsyth, in Monroe county ;
and agreed thereto. The bill was read the third time,, and
passed.
The House took up the Report on the bill to make it the
duty of the Judge of the Superior Courts of the Coweta
Circuit, to continue the court in Troup county two weeks;
and agreed thereto. The bill was read the third time, and
passed.
On motion, the order was suspended for the purpose of
taking up a resolution, offered by Mr. Carlton, to abolish the
office of Geological Surveyor of this State ; which was read
and agreed to.
The House took up the Report on the bill to amend an
act to prevent persons from obstructing the free passage of
fish up the Altamaha River, by the use of gill nets and seines
over fifty feet in length. The Report was agreed to, the bill
read the third time, and passed.
The House took up the Report on the bill to abolish capi¬
tal punishment for crimes committed by free white persons,
with the exception of Treason; which was made the special
order for to-morrow.
The House took up and agreed to the Report of the Com¬
mittee ol the Whole on the bill to authorize Ely Jones, now
a resident on the line dividing the counties of Clark and
Walton, to do and perform all and singular the duties re¬
quired of him by the laws of the State, as a citizen thereof,
in the county of Walton, and to legalize the same ; which,
on motion, was recommitted, and postponed for further con¬
sideration.
Mr. Gathright moved to suspend the order of the day, for
the purpose of taking up the Report of the Committee of the
Whole on the bill to change the time of holding the Superior
Courts of the Cherokee Circuit, so far as relates to the coun¬
ties of Union, Gilmer, Murray, Walker, and Floyd. The
Report, as amended, was agreed to j the bill was read the
third time, and passed.
163
Mr. Brown, of Houston, laid on the table the following-
Resolution :
Resolved, by the Senate and House of Representatives of the
State of Georgia in General Assembly met, That his Excellency
the Governor be, and he is hereby requested and authorized
to draw his warrant on the Treasurer, in favor of the Hon¬
orable James Holmes, Senator of the county of Houston,
for all the academic, poor schooj. and common school funds,
due the county of Houston.
On motion of Mr. Lee, the order was suspended for the
purpose of taking up a resolution offered by him, to authorize
the Governor to draw his warrant on the Treasurer, in favor
of Samuel D. Echols, Senator from Coweta county, for all
the common school fund due said county ; which was read
and agreed to.
The following message was received from his Excellency
the Governor, by Mr. Glascock, his Secretary :
Executive Department, >
Milledgeville, 24th Nov. 1840. j
I lay before the Legislature, the copy of a letter received
from Captain Stephen W. Whitfield, complaining that he
and his company, called into the service by Colonel Hall, to
repel an Indian invasion, had not been paid.
I am not authorized, by any existing law, to pay this
company. I refer the subject to your consideration, that
you may make such provision as- the justice of the case re¬
quires. charles j. Mcdonald.
Which was taken up, read, and referred, with the ac¬
companying document, to the Military Committee.
The following bills were severally read the second time,
and committed:
A bill to regulate'the trial of Divorce cases.
A bill to change the time of holding the Superior Courts
of certain cotmties therein named, in the Chattahoochee
Circuit.
A bill for the relief of Executors, Administrators, and
Guardians, in certain cases, and to prescribe and define ad¬
ditional duties and liabilities of the clerks of the courts of
Ordinary, in this State.
A bill to add a part of the 25th District of Chattooga
county to the county of Floyd, and provide for the running
of the dividing line between the counties of Chattooga and
Floyd.
A bill to amend the act to extend to all persons imprisoned
for debt, the privilege of prison bounds, approved the 22d
day of December, 1821, and the amendatory act thereof,
approved 24th December, 1824-.
164
A bill to appropriate a sum of money to enable the Com¬
missioners appointed on a certain Road therein specified \
to complete the same, and to define the duties of said Com¬
missioners.
A bill to appropriate a sum of money, and to lay out and
put in good order a road from Dahlonega, in Lumpkin coun¬
ty, over the Blue Ridge, at Cooper's Gap, from thence to Wil¬
liam Gaddes', in Union county, and from thence to Tacoah.
old town, in Gilmer county, and from thence to the Tennes¬
see line, at or near Duck Town, in Gilmer county; and to
appoint Commissioners to carry the same into effect.
Leave of absence was granted to Mr. Green, of Macon,
for a few days ; and to Mr. Linder, for a few days, on ac¬
count of indisposition.
On motion, the order was suspended, when Mr. Crawford,
of Richmond, laid on the table a Resolution, that both
branches of the General Assembly adjourn on Wednesday,
the 15th day of December next.
The House then adjourned until to-morrow morning, 9
o'clock.
SATURDAY, November 28, 1840.
Leave of absence was granted to Mr. Hines, for a few
days, on special business ; to Mr. Lowe, until Monday eve¬
ning, on special business ; and to Mr. Neal, for a few days
after to-day, on special business.
Mr. Stewart, of Mcintosh, moved to reconsider so much
of the Journal of yesterday as relates to the reference of the
Governor's special communication to the Military Committee.
The House refused to reconsider.
On motion, the order was suspended, when Mr. Dawson
laid on the table the following Resolution, which was read
and agreed to :
Resolved by the Senate and House of Representatives, That
his Excellency the Governor be instructed to pay B. R.
Crosby, the Senator of Heard county, the amount due said
county as a common or poor school fund, for the years 1839
and 1840 ; and that said Senator be instructed to pay the
same to the Inferior court of said county, to be used as a
poor school fund.
On motion, the order was further suspended, when Mr.
Johnson, of Troup, laid on the table the following Resolu¬
tion, which was also read and agreed to :
Resolved by the Senate and House of Representatives of the
State of Georgia, That his Excellency the Governor be, and
he is hereby required to pay to Jarrel Beasley, Senator from
165
Troup county, the common school fund apportioned and due
said county.
Leave of absence was granted to Mr. Fitzpatrick, for a
few days after to-day, on special business.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary:
Mr. Speaker: His Excellency the Governor has approved
and signed a resolution of the House of Representatives,
authorizing him to pay to the Senator from the oounty of
Liberty, the amount of the common school fund apportioned
and due said county ; which I am directed to return.
The special order of the day, being the Report of the
Special Committee on the claims of the heirs of David
McCullough, was taken up. The first resolution was read
and agreed to.
The second resolution, to wit: " And be it further resolved,
That the sum of four thousand one hundred and fifty-three
-dollars and eighty cents, the amount of interest due on the
.said claim, ought also to be paid ; and that such sum like¬
wise be accordingly inserted in the Appropriation Bill," was
then read ; and the question being upon agreeing thereto,
the yeas and nays were ordered to be recorded, and are
Yeas 92, Nays 63.
Those who voted affirmatively are Messrs.
Alexander, Credille, Hitchcock,
Anderson of Chat- Crutchfield, Hotchkiss,
ham, Cutright, Hubbard,
Anderson of WarrenDaniel, of Greene, Johnson of Heard,
Ashley, Daniel, of Thomas, Johnson, of Troup,
Atkinson, Davenport, Jones, of Monroe,
Barclay, Davis, Jordan,
Bell, Dodson, King,
Bentley, Emanuel, Lefils,
Bethea, Flournoy, of Mus- Liddle,
Black, > cogee, Lynch,
Boy nton, Flournoy, of Wash- Martin, of Gwinnett,
Brown, of Houston, ington, , Maxwell,
Bryan, of Houston,Ford, of Lee, McCall,
Carlton, Foster, McMillian, of
Chester, Gathright, Thomas,
Cooke, Hagerman, Meadows,
Craft, Hammond, Millen,
Crawford, of Ogle- Hardeman, Morris, of Cobb,
thorpe, Harrison,of PutnamMoultrie,
Crawford, of Rich- Harrison, of Ran- Mulkey,
mond, dolph, Nash,
Crawford of Sumter Hendry, Osborne,
166
Parks,
Pettee,
Pryor,
Reeves,
Richardson,
Stuart, of Ware,
Stiles,
Stone,
Stroud, of Clark,
Taylor,
Robinson of LaurensThomas,
Sapp, Thompson,
Sermons, Toombs,
Shaw, Trayler,
Stephens, Waldhour,
Wales,
Walker,
Warren,
West,
White, of Jasper,
Whitfield.
Whitworth,
Williams, of Harris,
Wingfield,
Wooten.
Those who voted negatively are Messrs.
Anderson, of Frank-Hardman,
lin, Harris,
Beavers, Hatcher,
Bigham, Hibbert,
Boothe, Howard,
Brown, of Fayette, Hudgins,
Bryan, of Wayne, Hunter,
Cannon,
Carroll,
Chandler,
Hark,
Hawson,
Hixon, of Walker,
Erwin,
-Espy,
F arnall,
Fitzpatrick
Palmer,
Price,
Rea,
Read,
Reynolds,
Roberts,
Robinson, of Jasper,
Rodgers,
Sanders,
Sanford,
Jones, of Franklin,
Lee,
Mann, of Tattnall,
Martin, of Morgan, Smith,
Mays, of Cobb, Stewart of Mcintosh
McCrimmon, Stroud, of Walton,
McDuffie, Sumner,
Mc Mill en of Jackson Tanner,
Mitchell, T arver,
Morris, of Murray, Towles,
Ford of Cherokee, Murphey,of DeKalbTurner,
Franks, Murphey, of Wil- Webb,
Green, of Forsyth, kinson, Welborne,
Green, of Pike, Neal, Wilson.
Hardage, O'Neal,
So the House agreed to the Resolution.
The entire Report was then read and adopted.
The House took up the special order of the day on the
Report of the Committee of the Whole on the bill "to abol¬
ish capital punishment, except in cases of treason."
The Report was amended and agreed to \ the bill read
the third time, and on the question, "Shalt this bill now
pass ?" it was decided in the negative. On the passage of
the bill the yeas and nays were required to be recorded, and
are Yeas 21, Nays 132.
Those who voted affirmatively are Messrs.
Anderson of Chat-Outright, Flournoy, of Wash-
ham, Delauney, nrnton,
Beavers, Flournoy, of Mus- Foster,
Black, cogee, Gathright,
167
Hardeman,
■Mann, of Morgan,
Osborne,
Pitman,
Pryor, Stephens,
Robinson of L aurensStone,
Rodgers, W alker,
Sapp, Whitfield.
Those who voted negatively are Messrs.
Anderson of Frank- Green of Forsyth, Mitchell,
lin, Green, of Pike,
Anderson of Warren Hagerman,
Ashley,
Atkinson,
Barclay,
Befi,
Bentley,
Bethea,
Bigham,
Boothe,
Bojmton,
Hammond,
Hard age,
Hardman,
Hardy,
Harrison, of
dolph,
Harris,
Hatcher,
Hendry,
Brown, of Fayette, Hibbert,
Brown, of Houston,Hitchcock,
Bryan, of Wayne, Hotchkiss,
Morris, of Cobb,
Morris, of Murray,
Moultrie,
Mulkey,
Murphey of PeKalb
Murphey, of Wil-
Ran- kinson,
Neal,
Nash,
O'Neal,
Palmer,
Parks,
Price,
Rea,
Reeves,
Reynolds,
Richardson,
Roberts,
Carlton, Howard,
Cannon, Hubbard,
Carroll, Hudgins,
Chandler, Hunter,
Chappell, Johnson, of Heard, Robertson, of Co-
Chester,' Johnson, of Troup, lumbia,
Collier, Jones, of Franklin, Robinson, of Jasper,
Cooke, Jones of Monroe, Sanders,
Craft, Jordan, Sanford,
Crawford, of Ogle- Reaton, Sermons,
thorpe, Lee, Shaw,
Credille, Lefils, Smith,
Crutchfield, Liddle, Stewart of Mcintosh
Daniel, of Greene, Lowe, Stuart, of Ware,
Daniel, of Thomas, Loyall, Stiles,
Dark,
Davenport,
Davis,
Dawson,
Dodson,
Dufour,
Emanuel,
Espy,
Earn all,
Eitzpatrick
Lynch, Stroud, of Clark,
Mann, of Tattnall, •Stroud, of Walton,
Martin, of Morgan, Sumner,
Martin, of Gwinnett,Tanner,
Maxwell, Tarver,
Mays, of Cobb, Taylor,
McCall, Thomas,
McCrimmon, Thompson,
McDuffie, Towles,
McGahagan, Turner,
Ford of Cherokee, McMillen of Jackson Waldhour,
Eord, of Lee, McMillian, of Warren,
Franks, Thomas, Webb,
t6s
Welborne, Whitworth, Wilson,.
West, Williams of Bulloch Wingfield,.
White, of Jasper, Williams, of Harris,Wooten.
The Speaker announced from the Chair the reception'of
a communication* from the President of the Central Bank of
Georgia, in answer to a resolution- adopted by the House
which was taken- up, read, and; referred to the Committee
on Finance.
On motion of Mr- Stephens, the order was suspended,
when he ©fferecf the- following Resolution, which was read,
and agreed to:
Whereas, great inconvenience now prevails in. this State
in selecting Jurors in criminal cases under the present penal
code, growing out of the nature of the questions directed to-
be put to Jurors, touching the formation; and expression of
opinion as to the* guilt or innocence of the prisoner, operating
in many instances to the manifest defeat of public justice:
Be it therefore resolved, That the Committee on the Ju¬
diciary be requested to report to this House the most suitable
amendment off the code-in this case, or remedy of the evil.
On motion of Mr. Shaw, the order of the day was sus¬
pended, for the purpose of introducing the following Reso¬
lution, which was read and agreed to :
Resolved by the Senate and House of Representatives of the State
of Georgia, in General Assembly met, That the compensation
of the Electors off President and Vice President, in this
State, shall be eight dollars per day while in actual service,,
a nd eight dollars for every twenty miles of travel to the seat
of Government, and back to their places of residenceand
that the amount paid to the Electors of- the present year,-
shall be charged to the contingent fund.
And be it further resolved, That his Excellency the Gover¬
nor be requested to pay the several sums so1 allowed, out of
the contingent fund ; and that they be allowed a secretary at'
the same rate per diem.
The Plouse was then adjourned to Mbnday morning, &
o'clock.
MONDAY, November SO, 1S40.
Mr, H'ardage moved to reconsider so much of the Journal
of Saturday, as relates to the' adoption of the second reso¬
lution, on the claim of the heirs-of David McCullough.
169
Whereupon, the yeas and nays were required to be re¬
corded, and are, yeas 58, nays 73.
Those who voted in the affirmative, are Messrs.
Anderson, of Frank-Hotchkiss, Robinson, of Jasper
lin, Howard, Rodgers,
Beavers, Hudgins, Sanders,
Brown, of Fayette, Hunter, Sanford,
Bryan, of Wayne, Jones, of Franklin, Sheffield,
Carlton,
Cannon,
Chandler,
Collier,
CrutchJield,
Dark,
Dawson,
Ervvin,
Jones, of Harris, Shropshire,
Keaton, Stewart of Mcintosh
Lee, Stroud, of Walton,
Mays, of Cobb, Sumner,
McMillen of Jackson Tanner,
Mitchell, Tarver,
Morris, of Cobb, Thompson,
Towles,
Webb,
Welborne,
White, of Pike,
Whitworth,
Williams, of Bulloch
Williams, of Harris.
Moultrie,
Ford of Cherokee, Nash,
Green, of Forsyth, O'Neal,
Green, of Pike, Palmer,
Hardage, Pettee,
Hardman, Price,
Harris, Rhodes,
Hibbert, Roberts,
Those who voted in the negative, are Messrs.
Alexander, Davis, Martin, of Morgan,
Anderson of WarrenDodson, Martin, of Gwinnet t,
Atkinson, Emanuel, Maxwell,
Barclay, Flournoy, of Mus- McCall,
Bell, cogee, McCrimmon,
Bentley, Ford, of Lee, McGahagan,
Bigham, Foster. McMillian, of
Black, Hagerman, Thomas,
Boynton, Hammond, Meadows,
Brown, of Houston, Hardy, Millen,
Covenah, Harrison, of PutnamMoore,
Chester, Harrison, of Ran- Mulkey,
Chipley, dolph, Osborne,
Cooke, Hendiy, Parks,
Craft, Hubbard, Pryor,
Crawford, of Ogle- Johnson, of Heard, Rea,
thorpe, Johnson, of Troup, Reeves,
Crawford,of Rich'd. Jones, of Monroe, Richardson,
Crawford, of SumterJ ordan,
Cutright, Lefils,
Daniel, of Green, Loyall,
Daniel, of Thomas, Lynch,
Darden, of Troup, Mann, of Morgan,
Davenport, Mann, of Tattnall,
Robertson, of Co¬
lumbia,
Shaw, ,
Stephens,
Stuart, of Ware,
Stroud, of Clark,
170
Taylor,
Trayler,
.Wales,
Walker,
West,
White, of Jasper.
So the House refused to reconsider.
Mr. Martin, of Gwinnett, introduced a bill to repeal an
act, consolidating the offices of collector and receiver of tax
returns, of Gwinnett County; which was read the first
time.
Mr. Tanner laid on the table the following resolution, to
wit:
Resolved, by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That E. C. Rice,
be, and he is hereby allowed, the usual wages of delegates
to the convention of 1S33, as a member elect from the county
of Murray, and the same be added in the general appropria¬
tion bill of the present session ; and that Isaac Rainey, the
Senator from the county of Dade, is hereby authorised to
draw and receive the same, for E. C. Rice.
Mr. Stewart, of Ware, introduced a resolution, authoris¬
ing his Excellency, the Governor, to send five copies of
Prince's New Digest, and eight copies of Green and Lump¬
kin's Georgia Justice, to the Justices of the Inferior Court,
of said county of Ware.
Mr. Delauney laid on the table a preamble and resolu¬
tions, requesting our Senators and Representatives in Con¬
gress, to urge the immediate investigation of the claims of
the citizens of this State, on the General Government, for
losses sustained by the depreciations of the Indians, during
the last Creek Indian War ; and that copies of said pream¬
ble and resolution, be sent to our representation in Congress,
immediately.
On motion, the order was suspended, for the purpose of
taking up the resolution previously offered by Mr. Brown,
of Houston, authorising his Excellency, the Governor, to
draw his warrant on the Treasurer, in favor of James
Holmes, Senator from said county, for all the common
and poor school fund due said county; which was read,
and agreed to.
Mr. Johnson, of Heard, laid on the table a resolution, re¬
questing our Senators and Representatives in Congress, to
procure the establishment of a two horse mail-route, from
Newnan, by Watson's, St. Cloud, Franklin, Houston, Wad-
ka, Standing Rock, and Fredonia, to Lafayette, Chambers
County, Alabama.
Which, on motion, was taken up, read, and agreed to.
On motion of Mr. Stephens,
The yule was suspended—when he offered the following
resolution; which was taken up, read, and agreed to.
Resolved, That the Messenger of this House, be directed
171
to provide a sufficient number of suitable seats on this floor,
for the accommotion of the electors of President and Vice
President of the United States; and that a committee of five
be appointed to wait upon the electors, and invite them to
honor this House with their presence, when it will suit their
convenience, during their stay in this city.
The Speaker appointed Messrs. Stephens, Stiles, Craw¬
ford, of Richmond, Toombs, and Atkinson, said committee.
On motion of Mr. Stiles,
The order was suspended—when he called up a resolu¬
tion, offered by himself, authorising the Governor to furnish
the Savannah Volunteer Guards, with eighty muskets, under
a certain provision.
The resolution was read, and agreed to.
Leave of absence was granted to Messrs. Bryan, of Hous¬
ton, and Turner, for a few days, on special business.
Mr. Carlton introduced a bill to appropriate the surplus
common school fund of the county of Campbell, to county
purposes of said county; which was read the first time.
Mr. Hudgins introduced a bill to lay out and form a new
county, of the counties of Cass and Murray; which was
read the first time.
Mr. Meadows introduced a bill to repeal a part of an act,
entititled an act, to compensate the grand and petit jurors
of the Superior and Inferior Courts of the several counties
therein named, and to provide for the payment of the same,
assented to, the 23d December, 1837, so far as relates to the
county of Upson ; which was read the first time'.
The following message was received from the Senate, by
Mr. Bailey, their Secretary.
Mr. Speaker: The Senate has agreed to a preamble and
resolutions, expressive of an opinion in relation to the pow¬
ers of the federal government, condemnatory of the policy
of a tariff for the protection of domestic manufactures, or
the appropriation of the public revenue for purposes of in¬
ternal improvements in the States, and in relation to the
establishment of a National Bank, denying the constitution¬
ality and expediency of the same.
To all of which, the Seriate desires the concurrence of
the House of Representatives.
Mr. King introduced a bill to alter and amend an act to
appoint commissioners to lay out and open a new road
through a part of Camden County, and to designate the
hands who shall be liable to work thereon ; also to establish
a ferry across the Great Satilla River, and to fix the rates of
ferriage at the same, assented to, December 23d, 1839 : And
to establish a new road district in said county; which was
read the first time.
172
Mr. Hardage laid on the table the following resolution :
Resolved, That so much of the standing rules of this House,
as prevents the members from voting in cases where they
were not present, when the question was put, shall not be so
construed, as to apply to motions to reconsider any part of the
Journal of the previous day : Provided, the person applying
to vote, was present on the day previous, at the time of the
action of the House on the subject matter, moved to be re¬
considered.
The House took up the report of the committee of the
whole, on the bill to regulate the trial of divorce cases;
which was agreed to.
The bill was read the third time, and passed under the
title thereof.
The House took up the report of the committee of the
whole, on the bill to change the time of holding the Superior
Courts of certain counties therein named, in the Chattahoo¬
chee Circuit; which was agreed to.
The bill was read the third time, and lost.
The House took up the report of the committee of the
whole, on the bill for the relief of Executors, Administrators,
and Guardians, in certain cases, and to prescribe and define
additional duties and liabilities of the Clerks of the Court of
Ordinary in this State ; and agreed thereto.
The bill was read the third time, and passed under the
title thereof.
The House took up the report of the committee of the
whole, on the bill to authorise Seaborn N. Jones and Leon¬
ard C. Simpson, to plead and practice law in the several
courts of law and equit}* in .this State, and to prescribe their
liabilities touching the same ; .the report was amended and
agreed to.
The bill was read the third time, a^id passed.
The House took up the report of the committee of the
whole, on the bill to add the residence of Ely Jones, now in
the county of Clark, to the county of Walton.
Mr. Stroud, of Walton, offered a substitute for the same,
which was received ; the report was then agreed to.
The bill was read the third time, and passed under the
title thereof.
On motion, the House went into committee of the whole.
Mr. Stroud, of Walton, in the Chair, on the bill to appro¬
priate a sum of money, to enable the commissioners ap¬
pointed on a certain road, to complete the same, and to de¬
fine the duties of said commissioners: Having spent some
time therein, the Speaker resumed the Chair, and the bill
was reported without amendment.
The report was agreed to; the bill read the third time,
and lost.
On motion, the House resolved itself into a committee of
173
the whole, Mr. Jones, of Harris, in the Chair, on the bill to
appropriate a sum of money to lay out and putin good order,
a road from Dahlonega, over the Blue Ridge, at Cooper's
Gap, thence to William Gaddis's, in Union County, thence
to Tacoah Old Town, in Gilmer County, and thence to the
Tennessee line, at or near Duck Town, in Gilmer County,
and to appoint commissioners to carry the same into effect.
The Speaker having resumed his seat, the Chairman reported
the bill without amendment.
The report was agreed to; the bill read the third time,
, and lost.
The House took up the report of the committee of the whole,
on the bill to repeal an act, entitled an act, to alter an act,
for the better selecting grand and petit jurors, for the several
counties in this State, passed on the seventh day of Decem¬
ber, one thousand eight hundred and five, so far as respects
the counties of Floyd, Walker, Murray, Gilmer, Union,
Lumpkin, Forsyth, Cass, Cherokee, Paulding, and Cobb,
assented to, December 22nd, 1835; the report was amended,
and agreed to.
The bill was read the third time, and passed.
On motion of Mr. Whitfield,
The order was further suspended, for the purpose of
taking up the report on the bill to authorise the Governor to
execute bonds of the State, and to procure the negotiation
thereof, for specie, for certain purposes therein specified,
and to require the Directors of the Central Bank of Georgia,
to redeem the notes of said bank, in specie, upon certain
conditions.
When, on motion, the same was referred to the special
committee on the Central Bank, with instructions to report
to-morrow.
On motion, Mr. Whitfield was added to said committee.
The House took "up the report of the committee of the
whole, on the bill to add a part of the twenty-fifth district
of Chattooga County, to the county of Floyd, and more
fully to define and provide for the running of the dividing
line between the counties of Chattooga and Floyd; and
agreed thereto.
The bill was read the third time,- and passed under the
title thereof.
The House took up the report of the committee of the
whole, on the bill to amend the act to extend to all persons
imprisoned for debt, the privileges of prison bounds, ap¬
proved the 22nd day of December, 1821, and the amended
act thereof, approved 24th December, 1824; and agreed
thereto.
The bill was read the third time, and passed under the
title thereof.
174
The following message was received from his Excellency,
the Governor, by Mr. Home, his Secretary.
Executive Department, )
Milledgeville, 28th Nov. 1840. )
I have the honor to lay before the General Assembly, the
report of the commissioners appointed to carry into effect,
the a.ct for the improvement of the navigation of the Great
Ogeechee River.'
charles J. Mcdonald.
Which, on motion, was referred together with the report,
to the Committee on Internal Improvement
The following bills were severally read the second time,
and referred to a committee of the whole House, to wit:
A bill to incorporate the Habersham and Union Turnpike
Company, and to grant certain privileges to the same.
A bill to authorise and empower the Justices of the Infe¬
rior Court of Habersham County, to levy an extra tax for
county purposes.
A bill to abolish the election precincts in the county of
Jasper.
A bill to add a part of the county of Mcintosh, to the
county of Liberty; and also, a part of the county of Liberty,
to the county of Mcintosh.
A bill to change the place of holding elections in one of
the election precincts in the county of Monroe.
A bill declaratory of the force and validity of all executions
or judgments, issued or entered up in behalf of copartners,
or against copartners, where the partnership style is used or
set forth, and the christian and surname of the parties
omitted; and also to declare the force of bonds made to
partnerships using the common name or style.
A bill to incorporate the Sandy Spring Academy, in the
county of Murray, and to appoint trustees for the same.
A bill to establish an additional election precinct in the
county of Murray.
A bill to repeal an act more effectually to prevent the
evils of private banking, and to stop the issuing and circula¬
tion of the bills and notes of unchartered banks, private
bankers, and the bills and notes usually called change-bills,
approved December 19th, 1818; and further, to repeal all
fines, penalties, and extraordinary taxation, against persons
of this State, for issuing bills, and to restore to them the
rights and privileges enjoyed by the banks, corporations,
and monopolies, of this State.
A bill to authorise the Justices of the Inferior Court of
Oglethorpe County, to levy an extra tax, for the' purpose of
building a new jail in said county.
A bill to change the name of Lemuel Ames, to that of
Lemuel Smith.
175
A bill to amend an act, entitled an act, to incorporate
the Mossy Creek Methodist Camp Meeting Ground, in
the county of Habersham, passed 24th December, 1822, and
to appoint trustees for said Camp Meeting Ground.
A bill for the relief of James L. Daniel.
A bill to attach the Volunteer Company in Macon County,
called the Flint River Blues, to the second brigade of the
eighth division, G. M.
A bill for the relief and benefit of Edmund McCubbms,
praying for a lease of the State's interest in lot of land, No.
55, in the fifth district of Troup County, during his natural
life.
A bill to amend the several acts of this State, in relation
to divorces.
A bill to explain an act, entitled an act, to amend an act,
to compensate the superintendents of precinct elections of
Troup, Harris and Richmond Counties, assented Jo, De¬
cember the 23d, 1839, so far as it relates to the county of
Troup.
A bill to repeal an act to alter and fix the time of holding
the Inferior Courts in the county of Twiggs.
A bill to repeal an act to regulate the intercourse between
the banks of this State, and other institutions and brokers,
passed the 22nd December, 1826.
A bill to repeal an act, passed 22nd December, 1837,
entitled an act, for the compensation of grand and petit
jurors of Bibb County.
A bill to amend an act, entitled an act, to incorporate the
Habersham Iron Works and Manufacturing Company,
passed 25th December, 1837.
A bill to amend an act incorporating the city of Darien,
assented to, the 3d of December, 1821 ; and also, all acts
relating thereto.
A bill to establish election districts, and to alter some
already established, in the several counties therein named,
and to regulate the same.
A bill to amend an act, entitled an act, to give to masons
and carpenters, an incumbrance for debts due on account of
work done, and materials furnished, in building or repairing
houses, on such houses, and the premises to which they may
be attached, and to repeal all laws on this subject, so far as
relates to the counties of Richmond and Mcintosh, and in
Savannah, Macon, and Columbus, passed 22nd December,
1834, so as to give to painters in the city of Columbus, the
like security for debts due on account of painting done on
houses in said city.
A bill to compel persons who are not citizens of the county
of Randolph, but who own plantations and negroes in said
county, to give in, and pay tax for said property, in said
countv of Randoloh.
176
A bill to extend tlie term for taking out grants for lands,
in the counties of originally Early, Irwin, and Appling, and
to provide for the disposition of the same, if not granted
within the time extended.
A bill to alter and amend the several acts in relation to
taxes.
A bill to authorise the commissioners of the common
school fund of Cass County, to pay to the trustees of the
Cass County Academy, certain sums of money.
A bill amendatory to the road laws of this State.
A bill to appropriate a sum of money, for the purpose of
making a road across the Lookout Mountain, and to appoint
commissioners to carry the same into effect.
A bill to alter and amend a part of the first section of
the third article of the Constitution of the State of Georgia.
A bill to grant the rights and privileges of citizenship, to
certain persons therein named, and their descendants of the
Cherokee tribe of Indians therein named, and to remove all
legal disabilities heretofore imposed on said tribe of Indians,
so far as respects said persons.
A bill to appoint additional trustees for Habersham County
Academy.
A bill to incorporate the Union and Lumpkin Turnpike
Company.
A bill for the relief of securities and endorsers.
A bill to compensate Archibald G. Ridgeley, for services
rendered the State, an the capture and delivery of a fugitive
from justice.
A bill to authorise the issue -of State Bonds by the com¬
missioners of the Western and Atlantic Rail Road, to create
a revenue to pay the interest on the bonds of this State, and
gradually to pay the principal thereof.
A bill to amend an act to admit certain deeds, mortgages,
and bills of sale, to be proven, and to admit them, or their
copies, in evidence, in the courts of law and equity in this
State.
A bill to make William H. Ellison, the adopted son of
James Ellison, of Bibb County, and to make him capable
of inheriting as heir at law to the said James Ellison.
The following, bill was read the second time, and ordered
to be engrossed, to wit:
A bill to repeal an act, entitled an act, to establish election
districts in the several counties therein named, so far as
relates to the county of Harris.
The following bills from the Senate, were severally read
the first time, to wit:
A bill to alter and amend the road laws of this State, so
far as relates to the county of Montgomery.
A bill to confirm the purchase of the bridge across the
Savannah River, at Augusta. &c.
177
A bill to compensate grand and petit jurors, in the county
of Ware, and to authorise the Inferior Court of said county,
to levy an extra tax to pay said jurors.
A bill to authorise the Justices of the Peace of the several
districts within the corporate limits of the city of Macon,
Bibb County, to hold their courts in the court-house of said
county, and to authorise the Justices of the Peace, to require
cost to be paid or secured, before the suits are commenced.
The House then adjourned until 9 o'clock, to-morrow
morning.
TUESDAY, December 1, 1840.
The House took up the report of the Committee of the
Whole, on the bill to incorporate the Habersham and Union
Turnpike Company, and to grant certain privileges to the
same, and agreed thereto; the bill was read the third time
and lost.
Also—the report of the Committee of the Whole, on the
bill to authorize and empower the Justices of the Inferior
Court of Habersham county, to levy an extra tax for county
purposes, and agreed to the same; the bill was read the
third time and passed.
The engrossed bill "to repeal an act entitled an act to
establish election districts in the several counties therein
named, so far as relates to the county of Harris," was read
the third time and passed.
Leave of absence was granted to Messrs. Chappell and
Hardeman, for to-day, on special business.
The House took up the report on the bill abolishing the
election precincts, in the county of Jasper; the report was
amended and agreed to.
The bill was read the third time, and on the question,
shall this bill now pass ? the yeas and nays were required
to be recorded, and are yeas 103, nays 70.
Those who voted in the affirmative, are Messrs.
Alexander, Brown of Bibb, Crawford, of Rich-
Anderson of WarrenBrown, of Houston, mond,
Ashley, C-arswell, Crawford of Sumter
Bell, Covenah, Cutright,
Bentley, Chester, Daniel, of Greene,
Bethea, Chipley, Daniel, of Thomas,
Bigham, Craft, Darden, of Troup,
Black, Crawford of Ogle- Davenport,
Boynton, thorpe, Davis,
178
Delauney,
Dodson,
Emanuel,
Evans,
Fitzpatrick
Lowe,.
Loyall,
Mann of Morgan,
Mann of Tattnallr
Martin, of Morgan,
Flournoy of Musco- Martin of Gwinnett,
gee, Maxwell,
Flournoy of Wash- May, of Warren,
McCall,
McCrimmon,
McGahagan,
McMath,
McMillian, of
Thomas,
Meadows,
Moore,
Morris, of Cobb,
mgton,
Ford of Lee,
Foster,
Franks,
Green of Macon,
Hagerman,
Hammond,
Hardman,
Hardy,
Harrison,of PutnamMulkey,
Hitchcock, Nash,,
Hubbard, O'Neal,
Johnson of Heard, Osborne,
Johnson of Troup, Parks,
Jones of Columbia, Pitman,
Jones, of Harris, Pryor,
Jones, of Monroe, Rea,
Jordan, Reeves,
King, Reynolds,
Those who- voted in the negative, are
Anderson of Chat- Espy,
ham, F arnall,
Anderson of Frank- Ford of Cherokee,
lin, Green, of Forsyth,
Atkinson, Green of Pike,
Barclay, Hall,
Beavers, Hardage,
Boothe, Harrison of Ran-
Brown, of F ayette, dolph,
Bryan of Wayne,- Harris,
Carlton,
Cannon,
Carroll,
C handler
Collier,
CrutchfieM,
Hark,
Dawson,.
Hatcher,
Hendry,
Hibbert,
Hotchkiss,
Howard,
Hudgins,
Hunter,
Johnson of Appling
Dixon of Walker, Jones of Franklin,
Ellis, Keaton,
Erwin, Lee,
Rhodes',
Richardson,
Robertson of Cohm-
Robinson of Laurens-
Sapp,
Sermons,
Shaw,
Stephens,
Stuart of Ware,
Stone,
Stroud of Clark,
Tarver,
Taylor,
Toombs,
Trayler,
Waldhour,
Wales,
Walker,
Warren,
West,
White of Jasper,
Whitfield,
Whitworth,
Williams of Harris,
Williams of Talbot,
Wingfield,
Wooten.
Messrs.
Lefils,
Lid die,
Mays of Cobb,
McDuffie,
McMillen of Jack¬
son,
Mitchell,
Morris of Murray,
Moultrie,
Murphey of DeKalb
Palmer,
Pettee,
Pitts,
Price,
Read,
Roberts,
Rodgers,
Sanders,
Sanford,
Sheffield,
Shropshire,
179
Smith, Sumner, Welborne,
Stewart of MclntoshTanner, White, of Pike,
Stiles, Thompson, Wilson.
Stroud of Walton, Towles,
So the bill passed under the title thereof.
On motion, the order was suspended, when Mr. Howard
'from the select committee to whom was referred the peti¬
tion of W. W. Stanford, reported a bill for the relief of Wil¬
liam W. Stanford^ which was read the first time.
Mr. Williams, of Talbot, from the select committee t©
whom was referred the memorial of Leonard P. Breedlove,
reported, "That they have considered the same and are of
opinion that the prayer ©f the memorialist is unreasonable,
and should not be granted.
Mr. Crawford, of Richmond, from the Joint Standing
'Committee on the Judiciary, made the following report,
which was read and adopted, and the Clerk directed to
carry the same forthwith to the Senate.
The committee to whom was referred the -communication
of his Excellency the Governor, on the subject of the Tax
Act, for the year 1840, report:
That they have had the same under consideration, and
■are of opinion that the State is not entitled to any portion
of the tax collected in the year 1S40. The money raised
from taxes the present year, is from the return of taxable
property in the year 1839; the law then gave to the coun¬
ties the entire tax.
The act to which the Governor directs the attention of the
Legislature, is an act to impose, levy and collect, a tax for
1840. The tax imposed and levied for the year 1840, is
not collected until 1841. Your committee are therefore of
^opinion, that the money collected this year Is appropriated
•by the act of 183S, which gives it all to the counties.
Resolved, That the Treasurer he required to pay to the
counties which have already paid their taxes into the Trea¬
sury, this year, such sums as each may have paid.
The House took up the report of the Committee of the
Whole, on the bill to'establish certain election precincts, and
to change others therein named.
The report was amended and agreed to.
The bill was read the third time and passed under the
title thereof.
The following message was received from the Senate, by
Mr. Bailey, their Secretary.
Mr. SpeakerThe Senate has passed the following bills-—
A bill to authorize Evan Howell, of the county of Gwinr
nett, to establish a ferry across the Chattahoochee river, on
his own land, and to regulate the rates of ferriage thereon;
and to George M. Watters, of said county, to establish a ferry
180
across said river, on his own land, and to regulate the rates
of ferriage thereon.
A bill to organize a new judicial circuit, to be called the
Southwestern District, and to appoint the time of holding
the Superior and Inferior Courts in said district.
A bill to alter the third, seventh, and twelfth sections- of
the first and second articles,, of the third section, and third
article, and the fifteenth section and fourth article, of the
Constitution of the State.
Also—has concurred with the House of Representatives
in the resolution in relation to the compensation of the Elec¬
tors elect of President and Vice President of the United
States.
The House took up the report on the bill to add a part of
the county of Mcintosh to the county of Liberty \ and also,
a part of the county of Liberty to the county of Mcintosh.
Mr. Maxwell offered a substitute for the same; when on
motion of Mr. Stewart, of Mcintosh, the report and substi¬
tute was postponed for the present.
The House took up the report on the bill to repeal an act,
more effectually to prevent the evils of private banking, and
to stop the issuing and circulation of the bills and notes of
unchartered banks, private bankers, and the bills and notes
usually called change bills, approved December 19th, 1818;
and further to repeal all pains, penalties, and extraordinary
taxation, against persons of this State, for issuing bills, and
to restore to them the rights and privileges enjoyed by the
banks, corporations, and monopolies of this State.
The report was agreed to.
The bill was read the third time, and on the question,
shall this bill now pass ? it was determined in the negative.
Whereupon,- the yeas and nays were required to be re¬
corded, and are yeas 2-3-, nays 140.
Those who voted in the affirmative, are Messrs.
Alexander, Flournoy of Mus- Mann, of Morgan,
Barclay, cogee, Martin of Gwinnett,
Brown of Bibb, Ford of Lee, Robinson of Laurens
Bryan of Wayne, Foster, Sanford,
Carroll, Gatbright, Sapp,
Chipley, Hotchkiss, Wales,
Collier, Johnson of Appling, Walker,
Emanuel, Lefils, Williams of Talbot.
Those who voted in the negative, are Messrs.
Anderson of Chat- Atkinson, Black
ham, Beavers, Boothe,
Anderson of Frank- Bell, Boynton,
^n> Bentley, Brown of Fayette,
Anderson of War- Bethea, Brown of Houston,
ren, Bigham, Carlton,
181
Harris,
Hatcher,
Hendry,
Hubbard,
Hudgins,
Hunter,
Cannon,
•Car swell,
Covenah,
Chandler,
Chester,
Cooke,,
Craft,
Crawford of Ogle¬
thorpe,
Crawford of Rich¬
mond,
Credille,
Crutchfield,
Cutright,
©aniel of Greene,
©aniel of Thomas,
©ardem of Troup,
Dark,
Davenport,
Davis,
Dawson,
Delauney,
©ufour,
Ellis,
Erwin,
Espy,
Evans,
F a-rnall,
Fitzpatrick,
Flournoy of Wash- Meadows,
Pitts,
Price,
Pryor,
Rea,
Read,
Reeves,
Johnson of Hea rd, Reynolds,
Jones of Columbia, Rhodes,
Jones of Franklin, Richardson,
Jones of Harris,
Jones of Monroe,
Jordan,
Keaton,
King,
Lee,
Liddle,
Loyall,
Mann of Tattnall,
Martin of Morgan,
Maxwell,
Mays of Cobb,
May of Warren,
McCall,
McCrimmon,
McDuffie,
McMath,
-McMillen of JacksonT hompson,
McMillian of Toombs,
Thomas,
Robertson of Co¬
lumbia,
Rodgers,
Sanders,
Sermons,
Shaw,
Sheffield,
Shropshire,
Smith,
Stephens,
Stone,
Stroud of Clark,
Stroud ©f Walton,
Sumner,
Tanner,
Tarver,
Taylor,
Millen,
Mitchell,
Moore,
Morris of Cobb,
Morris of Murray,
Mulkey,
'Towles,
Trayler,
Waldhour,
Warren,
Webb,
Welborne,
West,
Whisham ofMariom
mgton,
Ford of Cherokee,
Franks,
Green of Forsyth,
Green of Macon,
Green of Pike,
Hagernaan,
Hall,
Hammond,
Hardage,
Hardman,
Hardy,
Harrison of PutnamPalmer,
Harrison of Rand'phParks,
So the bill was lost.
The House went into Committee of the Whole, Mr. Stroud,
of Walton, in the chair, on the bill to appropriate money
for -the building of an academy in the county of Chattooga,
and apply the same, and having spent some time therein,
Murphey of DeKalbWhite of Jaspe
Murphey of Wilk- White of Pike.,
inson, Whitfield,
Nash, Whitworth,
O'Neal, Wilson,
Osborne, Wingfield,
W ooten.
182*
the Speaker resumed the Chair; the bill was reported with¬
out amendment.
The House took up, amended and agreed to the report.
The bill was (read the third time, and on the question*,
shall this bill now pass, it was determined in the negative.
Whereupon, the yeas and nays were required' to. be re¬
corded, and are yeas 38, nays 126,
Those who voted in the affirmative, are Messrs -
Atkinson, Ford of Cherokee, PTyor,
Barclay, G'athright,
Beavers, Greene of Macon,
Brown of Houston, Harris,
Hibbert,
Hudgins,
King,
Laddie,
Mays of Cobb,
Murphey of DeKalb Welborne,
Nash, White, of Jasper,.
Pitts, Williams, of Talbot-
Flournoy of Musc^gePrice,
Those who-voted in the negative^ are Messrs**
Carlton,..
Cannon,
Carroll,
Car swell,
Chandler,
Collier,
Dixon of Walker;
Read,
Rodgers,
Sanford,
Shropshire,
Smith,
Stone,
Tanner,
Thompson*
Anderson of Frank- Davis,
lin, Dawson,
Anderson ofWarrenDodson,
Dufour,
Emanuel,
Erwin*,
Evans,
Fitzpatrick,
Ashley-
Bell,
Bentley,,
Bethea,
Bighamv
Black,
Boothe,
Boynton,
Brown, of" Bibb,
Bryan* of Wayne,
Chester,
Chipley,
Cooke,
Craft,
Crawford,
thorpe, Hammond.
Crawford of SranterHardage,
Crutchfield, Ha.rdman
Cutright,
Daniel of Greene;
Daniel of Thomas,
Darden of Troup,
Dark,
Davenport,
Hitchcock,
Hotchki3Sy
Hubbard,
Hunter;
Johnson of Appling,
Johnson of Heard,-
Jones, of Columbia,
Jones of Franklin,
Jones of Harris,
Flournoy, of Wash- Jordan,
of Ogle-Hall
mgton,
Ford, of Lee,
Foster,
Franks-,
Green of Forsyth,
Green, of Pike,
Hagerman,
Keaton,
Lee,
Lefils,
Lowe,.
Loyall,
Lynch,
Mann of Morgan,
Mann of Tattnall,
Martin of Morgan*.
Maxwell,
May of Warren,
Hardy, McCall,
Harrison of Putnam,McCrimmon,
Harrison of Ran- McGahagan,
dolph, McMath,
Hatcher, McMillen of Jack-
Hendry , son,
183
McMillian of
Rhodes,
Taylor,
Thomas^
Richardson,
Toombs,
Meadows,
Roberts,
Towles,
Mitchell,
Robertson of Co¬
Trayler,
Waldhour,
Moore,
lumbia,
Morris of Cobb,
Robinson of L anrensWales,
Moultrie,
Sanders,
Walker,
Mulkey,'
Sapp,
Webb,
Murphey of Wilkin¬
■ Sermons,
West,
son,
Shaw,
Whigham, of Marion
O'Neal,
Sheffield,
White of Pike,
Osborne,
Stephens,
Whitfield,
Palmer,
Stuart of Ware,
Whitworth,
Parks,
Stiles,
Williams of Harris,
Pitman,
Stroud of Clark,
Wilson,
Rea,
Stroud of Walton,
Wingfield,
Reeves,
Sumner,
Wooten.
Reynolds,
Tarver,
So the bill was lost.
The House took up the report of/ the Committee of the
Whole, on the bill to incorporate the Sandy Spring Academy,
in the county of Murray, and to appoint trustees for the
same, and agreed thereto; the bill was read the third time
«.nd passed.
Also—the report on the bill declaratory of the force and
validity of all executions or judgments, issued or entered up
in behalf of co-partners, or against co-partners, where the
partnership style is used or set forth, and the christian or
surname of the parties omitted; and also, to declare the force
of bonds made to partnership using the common name or
style, and agreed thereto.
The bill was read the third time and passed.
Also—the report on the bill to establish an additional
selection precinct in the county of Murray, and agreed thereto.
The bill was read the third time and passed.
Also—the report on the bill to authorize the Justices of
the Inferior Court of Oglethorpe county, to levy an extra
tax for the purpose of building a new jail in said county,
and agreed thereto.
The bill was read the third time and passed.
Also—the report on the bill to change the name of Lemuel
Ames to that of Lemuel Smith, and agreed thereto.
The bill was read the third time and passed.
Also—the report on the bill to amend the several acts of
this State, in relation to Divorces, and agreed thereto.
The bill was read the third time and lost.
On motion, the House resolved itself into a Committee of
the Whole, Mr. Osborne in the Chair, on the bill "for the
relief of the Sheriff and Jailor of Cobb county." Having
184
spent some time therein, the Speaker resumed the Chair,
the committee rose, and the chairman reported the bill with¬
out amendment.
The report was agreed to; the bill read the third time,
and on the question, shall this bill now pass ? the yeas and
nays were ordered to be recorded, and are yeas 33, nays 136.
Those who voted in the affirmative, are Messrs.
Anderson of Chat'm-Dufour,
Anderson of Frank- Ellis,
lin, Gathright,
Atkinson, Hibbert,
Barclay, Hudgins,
Boothe, Lefils,
Carroll, Liddle,
Collier, Mays, of Cobb,
Davis, McDuffie,
Dawson, Morris, of Cobb,
Dixon, of Walker, Morris, of Murray, Whitworth.
Those who voted in the negative, are Messrs.
Anderson of Warren Daniel of Thomas, Hendry,
O'Neal,
Palmer,
Pitts,
Read, .
Rodgers,
Smith,
Stewart of Mcintosh
Tanner,
W elborne,
Whitfield,
Ashley,
Beavers,
Bell,
Bentley,
Bethea,
Bigham,
Black,
Boynton,
Brown of Bibb,
Brown of Fayette,
Brown of Houston,
Darden of Troup,
Dark,
Davenport,
Delauney,
Dodson,
Emanuel,
Erwin,
Evans,
Fitzpatrick
Flournoy of Mus¬
cogee,
Hitchcock,
Hotchkiss,
Hubbard,
Hunter,
Johnson of Appling,
Johnson of Heard,
Johnson of Troup,
Jones of Columbia,,
Jones, of Franklin,
Jones of Harris,
Jones of Monroe,
Bryan of Wayne, Flournoy of Wash- Jordan,
Carlton,
Cannon,
Car swell,
Covenah,
Chandler,
Chester,
Chipley,
Cooke,
Craft,
Crawford of Ogle¬
thorpe,
Crawford of RichhnHardage,
Crawford of Sumter Hardman,
Credille, • Hardy,
Crutchfield, Harrison of Rand'h. McMillen of Jackson
Cutright, Harris, McMillian, of
Daniel, of Greene, Hatcher, Thomas,
ington,
'Ford of Cherokee,
Ford of Lee,
Foster,
Franks,
Green of Forsyth,
Greene, of Macon,
Green, of Pike,
Hagerman,
Hall,
Hammond,
King,
Lee,
Lowe,
Loyall,
Lynch,
Mann, of Morgan,
Mann, of Tattnall?
Martin, of Morgan,
Martin, of Gwinnett?
May, of Warren,
McCall,
McCrimmon,
McGahagan,
McMath,
185
Meadows, Robertson of Co- Thompson,
Mitchell, iumbia, Toombs,
Moore, Robinson of LaurensTowles,
Moultrie, Sanders, Trayler,
Mulkey, Sanford, Waldhour,
Murphey of Wilkin- Sapp, Wales,
son, Sermons, Walker,
Nash, Shaw, Warren,
Osborne, Sheffield, Webb,
Pitman, Shropshire, West, .
Price, Stephens, Whigham ofMarion
Pryor, Stuart of Ware, White of Jasper,
Rea, Stone, White of Pike,
Reeves, Stroud of Clark, Williams of Harris,
Reynolds, Stroud of Walton, Williams of Talbot,
Rhodes, Sumner, Wilson,
Richardson, T arver, Wingfield,
Roberts, Taylor, Wooten.
So the bill was lost.
Mr. Toombs, from the special committee on the Central
Bank, to whom was referred the bill "to authorize the Gov¬
ernor to execute bonds of the State, and to procure the ne¬
gotiation thereof for specie, for certain purposes therein
specified; and to require the Directors of the Central Bank
of Georgia, to redeem the notes of said bank in specie, upQn
certain conditions," reported the bill with amendments;
which, on motion, was made the special order of the day
for to-morrow; and said committee having reported only in
part, asked and obtained leave to sit again.
On motion of Mr. Crawford, of Richmond, the order was
suspended for the purpose of introducing the following re¬
solution.
Resolved, That the Speaker be requested to tender to the
Electoral College of this State, the use of the Hall of the
House of Representatives, to-morrow, when they shall meet
to vote for President and Vice President of the United States.
Mr. Stephens offered the following additional resolution.
Resolved further, That the members of the Senate be in¬
vited to attend in the Representative Chamber, on the occa¬
sion alluded to, and that seats be provided for their accom¬
modation.
On motion, the resolutions were taken up, read and
agreed to.
The House took up the report on the bill to explain an act,
entitled an act to amend an act,, to compensate the superin¬
tendents of precinct elections of Troup, Harris, and Rich¬
mond counties, assented to December the 23d, 1839, so far
as relates to the county of Troup, and agreed thereto.
The bill was read the third time and passed.
186
Also—the report on the bill to alter and fix the time of
holding the Inferior Courts in the county of Twiggs, and
agreed thereto.
The bill was read the third time and passed.
Also—the report on the bill to alter and amend an act to
regulate the intercourse between the banks of this State,
and other institutions, andjbrokers, passed the 22d Decem¬
ber, 1826.
Mr. Brown, of Bibb, offered a substitute for the same,
which was received; the report of the committee, as amend¬
ed, was then agreed to; the bill read the third time, and on
the question, shall this bill now pass ? the yeas and nays
were ordered to be recorded, and are yeas 93, nays 70.
Those who voted in the affirmative, are Messrs.
Alexander, Ford of Lee,
Anderson ofWarrenFoster,
Ashley, v
Barclay,
Bell,
Bentley,
Bethea,
Bigham,
Black,
Boynton,
Brown, of Bibb,
Greene of Macon,
Hagerman,
Hall,
Hardman,
Harrison of Ran¬
dolph,
Hitchcock,
Hubbard,
Johnson of Heard,
Brown of Houston, Johnson'of Troup,
Carswell, Jones of Columbia,
Covenah,
Chester,
Cooke,
Craft,
Crawford, of vOgle-
thorpe,
Crawford of Rich¬
mond,
Jones of Harris,
Jones of Monroe,
Jordan,
Keaton,
Liddle,
Lowe,
Loyall,
Lynch,
Crawford of Sumter,Mann, of Morgan,
Credille,
Cutright,
Daniel of Greene,
Daniel of Thomas,
Darden of Troup,
Davenport,
Davis,
Delauney,
Evans,
Flournoy of Wash¬
ington,
Nash,
O'Neal,
Osborne,
Parks,
Pitman,
Pryor,
Rea,
Reynolds,
Rhodes,
Richardson,
Robertson ofColum-
bia,
Robin son of L aurens
Sermons,
Shaw,
Sheffield,
Stephens,
Stuart of Ware,
Taylor,
Toombs,
Trayler,
Wales,
Walker,
Martin of Morgan,
Martin of Gwinnett, Warren,
Maxwell, Welborne,
May of Warren,
McCall,
McCrimmon,
McMath,
McMillianof Tho's. Williams of Harris,
Meadows, Williams of Talbot,
West,
Whigham of Marion,
White of Jasper,
Whitworth,
Moore, Wingfield.
Mulkey,
Those who voted in the negative, are Messrs.
Anderson, of Chat- Anderson, of Frank-Atkinson,
ham, lin, Boothe,
187
Brown, of Fayette,
Bryan, of Wayne,
Carlton,
Cannon,
Carroll,
Chandler,
Chipley,
Collier,
Crutcbfield,
Bark,
Dawson,
Dufour,
Ellis,
Emanuel,
Espy,
Fitzpatrick,
Ford of Cherokee,
Franks,
Gathright,
Green of Forsyth,
Green, of Pike,
Hammond,
Harris,
Hatcher,
Hibbert,
Hotchkiss,.
Howard,
Hudgins,
Hunter,
Palmer,
Pitts,
Price,
Read,
Roberts,
Rodger s,
Sanders,
Johnson of Appling,Sanford,
Jones of Franklin, Sapp,
Kin
Shropshire,
Smith,
Stone,
Stroud, of Clark,
Stroud, of Walton,
Lee,
Lefils,
Mays, of Cobb,
McGahagan,
McMillenof JacksonSumner,
Mitchell, Tanner,
Moon, Tarver,
Morris of Murray, Thompson,
Moultrie, Waldhour,
Murphey of DeKalb W ebb,
Murphey, of Wil- White of Pike,
kinson, Wilson.
Hardage, -
So the bill was passed.
The following message was received from his Excellency
the Governor, by Mr. Home, his Secretary.
Executive Department,
Milledgeville, 1st Dec., 1840.
I have the honor to transmit the copy of a letter from
Major-General Ezekiel Wimberly, resigning his command
of the sixth division of Georgia militia.
charles j. Mcdonald.
The House was then adjourned to 9 oTclock, to-morrow
morning.
WEDNESDAY, December 2, 1840.
On motion of Mr. Wales, the House agreed to reconsider
so much of the Journal of yesterday as relates to the rejec¬
tion of the bill to incorporate the Habersham and Union
Turnpike Company, and to grant certain privileges to the
same.
Mr. Greene, of Macon, moved to reconsider so much of
the Journal of yesterday, as relates to the rejection of the
bill to appropriate money for the building of an Academy,
in the county of Chattooga and apply the same.
The House refused to reconsider.
1S8
On motion of Mr. Millen, the House agreed to reconsider
so much of the Journal of yesterday, as relates to the pas¬
sage of the bill, to alter and amend an act to regulate the
intercourse between the banks of this State, and other insti¬
tutions and brokers.
Leave of absence was granted to Mr. McDuffie, for a few
days, on special business.
Mr. Brown, of Bibb, introduced a bill for the relief of
Thomas Blanert, of Bibb county; which was read the first
time.
Mr. Atkinson introduced a bill to amend the road laws of
Camden county; which was read the first time.
Mr. Hudgins introduced a bill to authorize Thomas R»
Huson and Company, to erect a bridge across the river
Etowah, in the county of Cass, and to charge and collect
toll at the same; which was read the first time.
Mr. Pitts introduced a bill to authorize Joseph Wilson, of
Cass county, to establish a toll bridge across the Oostenauly
river, on his own land, to fix the rate of toll on the same,
and to erect a mill dam on said river; which was read the
first time.
Mr. Wilson laid on the table a resolution to authorize his
Excellency the Governor, to draw his warrant on the Trea¬
surer, in favor of Thomas Speight, Senator from the county
of Early, for all arrearages due said county, for the years
1839 and 1840, as common and poor school funds.
Mr. Covenah presented a petition from Frederick McDon¬
ald, of the county of Jefferson; which was referred to the
committee on petitions, without being read.
The following message was received from his Excellency
the Governor, by Mr. Home, his Secretary.
Mr. Speaker: His Excellency the Governor, has approved
of and signed, a resolution providing for the compensation
of the electors of President and Vice President of the Unit¬
ed States, which I am directed to return.
Mr. Black introduced a bill to aid the Southern Botanico
Medical College, in this State; which was read the first
time.
Mr. Whitfield introduced a bill to alter and change the
name of James , Riley Bryant, of Pulaski county, to that of
James Riley Dykes, and to legitimatize the same; which
was read the first time.
Mr. Boynton laid on the table the following resolution:
Resolved, That both branches of the Legislature will con¬
vene in the Representative Chamber, at three o'clock, P. M.,
on Friday next, for the purpose of proceeding to the election
of a Major-General of the sixth division, G. M., to fill the
vacancy occasioned by the resignation of Major-General Eze-
kiel Wimberly.
189
On motion, the rule was suspended, when the resolution
was taken up, read and agreed to, and the Clerk directed
to carry the same forthwith to the Senate.
Mr. Boynton introduced a bill to change the name of John
Thomas Richardson, of Stewart county, to that of John
Thomas Smith; which was read the first time.
Also—A bill to authorize the Trustees of Stewart county
Academy, to raise by lottery, a certain sum of money for
the benefit of said Academy, and to appoint managers for
the same; which was read the first time.
Mr. Stephens introduced a bill to define or make certain
the line dividing the counties of Hancock and Taliaferro;
which was read the first time.
Mr. Welborne laid on the table the following resolution,
to wit:
Resolved by the Senate and House of Representatives of the
State of Georgia im General Assembly met, and it is hereby re¬
solved by the authority of the same, That our Senators and Rep¬
resentatives in Congress be requested to use their exertions
to establish a weekly mail route, to be conveyed on horse¬
back, once a week, from Dahlonega, Ga., to Blairsville, Ga.,
by way of Cooper's Gap on the Blue Ridge.
And be lt further resolved, That the Governor be requested
to forward a copy of this resolution to each of our Senators
and Representatives in Congress.
The following message was received from the Senate, by
Mr. Bailey, their Secretary:
Mr. Speaker: The Senate has passed the following bills—
A bill to alter and amend an act, entitled an act to amend
an act, to carry into effect the sixth section of the fourth
article of the Constitution, touching the distribution of intes¬
tate estates.
A bill to amend the act incorporating theBank of Mil-
ledgeville with Banking and Insurance privileges, located at
Milledgeville, and to change the name of said Bank.
A bill to alter and amend an act entitled an act, to ap¬
point additional commissioners on the Ohoopie and Canoo-
chee rivers, in the county of Tattnall, passed 27th Decem¬
ber, 1839, &c., so far as the said amendatory, act of 1839
requires an immediate application of one half of the funds
set apart for the improvement of the Ohoopie river, below
Brazil's creek; to appoint additional commissioners upon
the Ohoopie river, and for other purposes.
A bill to authorize John J. Dodd, of the county of Floyd, to
establish a fejrry across the Oostenauly river, on his own land.
A bill to authorize William B. Dudley, of the county of
Elbert, to establish a ferry across .Broad river on his own
land, and regulate the rates of ferriage thereof; and to reg-
late rates of ferriage of Henry E. Nashe's ferry, on said river.
A bill for the relief of Solomon Spurlock, John P. Glover,
100
sen., and John P. Glover, jr., securities of "William E,
Glover.
A bill to incorporate the Oxford Female Academy, in the
county of Newton, and appoint trustees for the same.
A bill to incorporate South River Academy, in the county
of Butts, and to appoint trustees for the same.
On motion of Mr. Chipley, the petition of William Mc»
Bride, and the report thereon, were referred, to a select com¬
mittee, consisting of Messrs. Chipley, White of Pike, and
Hubbard.
The report of the select oommittee, on the memorial of
Leonard P. Breedlove, was taken up, read and agreed to.
The House took up the report of the Committee of the
Whole, on the bill to repeal an act passed 22d December,
1837, to compensate grand and petit jurors for the county of
Bibb, and agreed thereto.
The bill was read the third time and passed.
In conformity with a resolution, adopted on yesterday,
authorizing the Speaker to tender to the Electors for Presi¬
dent and Vice President of the Onited States, for the State
of Georgia, the use of the Representative Hall, the Speaker
laid before the House a letter from the President of the
Electoral College, accepting the invitation extended to them.
Gn motion of Mr. Toombs, the order was suspended,
when he made the following report, which together with the
bill reported by the same committee, was made the special
order lor Wednesday next, and two hundred and ten copies
ordered to be printed for the use of the House.
The committee to whom was referred the duty of enquir¬
ing into the siuation and management of the Central Bank,
and into the expediency of repealing its charter, beg leave
to report:
We have chiefly confined our investigation to the general
management of the bank since the last session of the Legis¬
lature, and its situation now as compared with that period.
We find the capital of the bank gradually wearing away
under the pressure of legislative appropriations and its own
ordinary expenses, which if not arrested, will in a few years,
without the aid of other specific legislation for that purpose,
leave but little except its debts, to exercise the financial skill
of its future guardians.
Your committee regret exceedingly, to find that the debt
due to the Phoenix Bank of New York, has not yet been
paid, and they are compelled to deem the reasons for the
delay of payment, given by the directors, as wholly unsat¬
isfactory. and their conduct in relation to that debt, highly
censurable. The credit of the bank, the good faith and
honor of the State, have been wantonly sacrificed, it seems
for no better reason, than the high rate of exchange between
Georgia and New York ; or in other words, which give a
191
much better idea of the truth of the case, the credits of the
Central Bank, which its directors put into circulation as
money, were in fact worth fifteen or twenty per cent, less
than money. But to allow the argument as stated, its full
force, it was a question with which our creditor had no
concern.
The Central Bank, by authority of law, contracted the
debt payable in New York. The inconvenience of our com¬
plying with our contract, was not the fault of our creditor,
nor is it a sufficient reason for us to violate that contract-
But the high rate of exchange, as it is called, was not the
real difficulty. That difficulty consisted in converting the
credits of the Central Bank into money; for money, we ap¬
prehend could have been transported from Georgia to New
York as cheaply during the present year, as it could when
we contracted the debt. Upon this question there should
be no compromise, no concession, no delay. We, therefore,
recommend that that debt be immediately paid; that the
funds provided for that purpose shall be immediately remit¬
ted, and that the deficiency be raised from the sale of the
stock owned by the State, in the Bank of Augusta, and the
Bank of the State of Georgia.
The act 21st December, 1839, altering and amending the
charter of the Central Bank, authorized the directors to sell
the stocks owned by the State in the Banks of Augusta, Da-
rien, Planters' Bank, Savannah, and the Bank State of Geor¬
gia, at not less than par value, and directed that the money
raised from such sale should "become a part of the capital
stock of said bank." This section of the act, as your com¬
mittee believe, has been wholly evaded, to the great injury
of the public interests. Unless the plain letter of the act
had declared it, we could not suppose that the Legislature
intended to sell sound, secure bank stocks, yielding eight
per cent, per annum, for simple promissory notes, payable
in effect, in five annual instalments, and bearing six per cent-
interest. The act admits of no such construction ; yet the
directors of the Central Bank first thrust into circulation
upon such notes, their own credits, known at the time to be
from twelve to twenty per cent, below par, taking specie as
the basis, and then receive those credits, thus depreciated,
at par, for the bank stock which they sold; thereby exhibit¬
ing a total disregard of the public interest, without a parallel,
except in the act which clothed them with such power for
mischief and the public injury. The act, from its very lan¬
guage, contemplated those stocks should be sold for money;
and that money should be the basis of the issues of the Bank,
and a fund for their redemption.
Your committee find that the directors have greatly en¬
larged their "Bill account,"—if mere promissory notes, pay¬
able at places other than their own counter, without an ao
192
ceptance, not drawn against produce shipped, can be called
bills. That account has swollen, your committee believe,
beyond any former precedent in that bank; and it is a pow¬
er liable to very great abuses, and ought to be restrained.
A very salutary provision of the charter, which restricts the
amount which shall be loaned to any one individual, is by
the exercise of this power, very easily evaded. And we
find under this head, individual accommodations, ranging
from $G,000 to 12,500; and we find another fact by no
means favorable to this kind of business; that nearly one-
fourth of the entire amount of bills are in suit, notwithstand¬
ing a very large amount of them are not yet matured; and
unless the bank shall be more fortunate in their bills yet to
fall due, than those past due, their maturity will rather enure
to the benefit of the legal profession, than the Bank.
The amount of promissory notes in suit, are also very
large, amounting to above one hundred and seventy-three
thousand dollars, besides the vast amount past due and not
in suit. The facts show a want of punctuality, without a
parallel in the history of banking, and cannot result other¬
wise than in ruinous losses to the Bank.
Your committee find the Central Bank in possession of
about $90,000 of the bills of the Darien Bank, which have
long since ceased to answer any of the purposes of money,
except at a great depreciation, to which the State ought not to
submit; she being ultimately liable for the redemption of sev¬
en-tenths of them, when the capital of that bank shall have
been lost, if indeed that yet remains to be done. We would
recommend that the State exercise the right she retained ill
the charter of that bank, to repeal the same, put it in the
hands of commissioners, and wind up its affairs as speedily
as possible;
From the investigation which your committee have given
this subject, they are clearly of opinion upon general princi¬
ples as well as from practical operation of the system that
the charter of the Central Bank ought to be repealed. We
deem it unnecessary to enter at large into the reasons which
condemn the policy of that act. And the men, especially,
on the report of the commissioners appointed under the re¬
solution of 18-38, upon the State finances, and the protest of
those who opposed the act of 1839, extending the charter of
the bank, are within the possession of this house, and as
your committee believe, are conclusive upon this branch
of the subject. If those views and reasons, neeeded con¬
firmation, your committee believe it is abundantly furnished
by the practical operation of the Bank since its last session
of the General Assembly. After ten months operations we
find the bank indebted to bill-holders alone, in nearly one
million of dollars, without having paid out during that time,
a much greater amount than it received from its collections
193
from the former debtors of the bank and the amount received
from the sale of State stock and other items of revenue, in-
depenent of their own issues. It has been incurred chiefly
by lending its credits to individuals, and consequently it has
scarcely any thing else but its promissory notes, and the bills
before described, with which to redeem their issues, and
finds itself wholly unable to maintain its credit, even at its
present depreciation^ without calling upon the State to issue
its bonds, upon the faith of the property of all the people
of Georgia, to sustain loans of public credit, to a very small
portion of those people.
Your committee are clearly of the opinion that these bonds
ought not to be thus issued, unless accompanied with such
legislation as will prevent the future recurrence of similar
public evils, whenever it can be shown to be prudent and
sound policy to levy money out of one citizen's pocket, to
loan to another, certainly not more, and probably much
less, meritorious. Then, ought the policy of the Central
Bank to be sustained, but not till then. Your committee,
therefore, recommend the passage of the following bill, to
repeal the act 21st December, 1839, and to provide for the
redemption of the bills of the Central Bank.
The House took up the report on the bill to alter and
amend the several acts in relation to taxes.
Mr. Toombs moved to strike out the words "stock cattle
above the number of," from the second section, and was
decided in the negative.
Whereupon, the yeas and nays were required to be re¬
corded, and are yeas 78, nays 93.
Those who voted in the affirmative, are Messrs.
Barclay, Ford, of Lee, Mann of Tattnall,
Boothe, Franks, Martin of Gwinnett,
Brown, of Fayette, Gathright, McCall,
Bryan, of Houston, Green of Forsyth, McCrimmon,
Hall,
Hard age,
Hardeman,
Harris, J
Hatcher,
Hendry,
Hines,
Hotchkiss,
Hudgins,
Hudson,
Hunter,
Bry an, of Wayne,
Cannon,
Carroll,
Chandler,
Chappell,
Chester,
Collier,
Crutchfield,
Daniel of Thomas,
Dawson,
Dufour,
Erwin,
Farnall,
Fitzpatrick,
Flournoy of Mus¬
cogee,
McDuffie,
McGahagan,
McMath,
McMillian of
Thomas,
Moon,
Moore,
Moultrie,
Murphey of Wil¬
kinson,
Palmer,
Johnson of Appling,Pettee,
Jones of Columbia, Pitts,
Keaton, Price,
Lee, Richardson,
Lowe, Roberts,
194
"Robinson of L a;u re n s Sheffield, Thomas,
Rodgers, Smith, T oombs,
Sanders, Stuart, of Ware, Wales,
Sanford, Stroud, of Walton, Webb,
Sapp, Sumner, Whitfield,
Shaw, Tarver.
Those who voted m the negative, are Messrs
Anderson of Frank-EmanueL tvr-n
Hn' Espy, S ^n'
Anderson of WarrenEvans Mitchell,.
Beavers, — 7 „ , Morris, of Cobb
Bell,
Bentley,
Bigham,
Brown of Bibb,
Flournoy of Wash- Morris, of Murray,
mgton, Nash,
Ford, of Cherokee, O'Neal,
Foster, Osborne,
Greene, of Macon, Parks,
Brown of Houston, Green of Pike, Pryor,
Oarlton, Hagerman, Rea,
Cars well, Hammond, Read,
Covenah, Harrison of Rand'phReeves,
Chapman, Hibbert, Reynolds,
Chipley, Howard,
Cooke, Hubbard,
Craft, Johnson of Heard,
Crawford of Ogle- Johnson of Troup,
thorpe, "Jones of Franklin,
Crawford of Rich'd Jones of Harris,
Crawford of Sumter Jones of Monroe,
Credille, Jordan,
Outright, King,
Daniel of Greene, Laws on,
Harden of Troup, Lefils,
Harden of Warren, Liddle,
Hark,
Havenport,
Davis,
Belauney,
Hixon of Walker,
Bodson,
Ellis,
LoyaU,
Lynch,
Mann ofMorganf
Maxwell,
Mays, of Cobb,
May of Warren,
Meadows,
Rhodes,
Shropshire,
Stone,
Stroud of Clark,
Taylor,
Thompson,
Towles,
Trayler,
Waldhour,
Walker,
Wan-en,
Welborne,
West,
White of Jasper,
White of Pike,
Whitworth,
Williams oi Harris,
Wingfield,
Wooten.
Mr. Hotchkiss moved to strike out the words "horses and
mules above the number of," from the second section, and
Was decided in the negative.
Whereupon, the ye^ and nays were required to be re-
corded, and are, yeas 65, nays 113.
Those who voted in the affirmative, are
Atkinson, Boothe, p /*
Barclay, Brown, of Fayette, B^nof H«
195
Bryan of Wayne,
Carroll,
Car swell,
Chandler,
Crutchfield,
Daniel of Thomas,
■Emanuel,
Erwin,
Fitzpatrick,
Franks,
Gathriglit,
Green of Forsyth,
Hall,
Hardage,
Harris,
Hatcher-,
Hendry,
Hines,
Hotchkiss,
Hudgins,
Hudson, Price,
Hunter, Reeves,
Johnson of Appling, Reynolds,
Keaton, Roberts,
Lawson, Redgers,
Lee, -Sanders,
Martin of Gwinnett, Sanford,
McCall, Sermons,
McDuffie, -Shaw,
McMillen of JacksonShropshire,
Moon, Smith,
Morris of Cobb, -Stroud of Walton,
Moultrie, 'Sumner,
Murphey of DeKalbTanner,
Murphey of Wilkin- Tarver,
son, Towles,
Palmer, Webb,
Pettee, West,
Pitman, Williams of Harris.,
Pitts, Wilson.
Those who veted in the negative, are Messrs.
Alexander, Cutright, Hardy,
-Anderson ofChaf m.Daniel, of Green, Harrison of Putnam
-Anderson, of Frank-Daxden, ©f Troup, Harrison, of Ran-
lin, Harden, of W arren, dolph,
-Anderson-of War¬
ren,
Beavers,
Bell,
Bentley,
Bethea,
Bigham,
Black,
Boynton,
Brown, of Bibb,
Carlton,
Cannon,
Covenah,
Chapman,
Chappell,
Chipley,
Collier,
©ark,
-Davenport,
Davis,
Delauney,
Dixon, of Walker,
Dodson,
Dufour,
'Ellis,
Espy,
Hibbert,
Hitchcock,
Howard,
Hubbard,
Johnson of Heard,
Johnson, of Troup,
Jones, of Franklin,
•Jones, of Harris,
Jones, of Monroe,
-J ordan.
F arnall,
Flournoy, of Mus- Lefils,
cogee, Liddle,
Flournoy, of Wash- Loyall,
ington, Lynch,
Ford of Cherokee, Mann, of Tattnall,
Ford, of Lee,
Foster,
Crawford, of Ogle- -Greene of Macon,
thorpe, Green, of Pike,
Crawford, of Rich- Hagerman,
mond, Hammond,
Crawfordof Sumter Hardeman,
Credille, Hardman,
Martin, of Morgan,
Maxwell,
Mays, of Cobb,
May of Warren,
McCrimmon,
McGahagan,
McMath,
McMillian of Tho's.
196
Meadows,
Millen,
Mitchell,
Morris, of Murray
Nash,
O'Neal,
Osborne,
Parks,
Pryor,
Pea,
Read,
Rhodes,
Richardson,
Robertson of Col'rnbTrayler;
Robinson of L aurens Waldhour,.
Sapp, Wales,
Sheffield, W alker,
Stephen s, W arr e n,
Stewart of Mcintosh Welborne,
Stuart, of Ware, White, of Jasper,
White of Pike,
Whitfield,
Whitworth,
Williams, of Talbot,
Wingfield, .
W ooten.
Stiles,
Stone,
Stroud, of Clark,
Taylor,
Thompson,
Toombs,
The House then took a recess until 12 o'clock, for the
purpose of allowing the Electoral College the use of the
Hall, in pursuance of a resolution adopted on yesterday.
The Electoral College having retired, Mr. Crawford, of
Richmond, moved an adjournment of the House; which
was carried.
On a motion to adjourn to nine o'clock to-morrow morning,
the yeas and nays were required to be recorded, and are-
yeas 62, nays 114.
Those who voted in the affirmative, are Messrs.
Anderson,, of Chat- Hall,
ham,
Ashley,
Atkinson,
Barclay,
Beavers,
Bryan of Wayne,
Cannon,
Chandler,
Collier,
Crutchfield,
Bark,
Dawson,
Dixon of Walker,
Dufour,
Ellis,
Erwin,
Espy,
Fitzpa.trick,
Gathright,
Green of Forsyth,
Green, of Pike,
Hammond,
Hardage,
Harrison of Ran¬
dolph,
Harris,
Hatcher,
Hendry,
Hibbert,
Hotchkiss,
Hunter,
Jones of Franklin,
Lawson,
Lee,
Lefils,
Mays, of Cobb,
McDuffie,
Millen,
Moon,
Moultrie,
Murphey of De-
Kalb,
Murphey, of Wil¬
kinson,
Osborne,
Pettee,
Price,
Roberts,
Rodgers,
Sanders,
Sanford,
Shropshire,
Stewart of Mcintosh
Stiles,
Stone,
Stroud, of Walton,
Tanner,
Thompson,
Towles,
Webb, ■
Welborne,
White of Pike,
Whitworth,
Wilson.
Those who voted in the negative are Messrs.
Alexander, Anderson of Frank. Anderson of Warren
197
Bentley,
Bethea,
Bigham,
Black,
Boyriton,
Brown of Bibb,
Brown of Houston, Howard,
Bryan of Houston, Hubbard,
Carroll,
Cars well,
Covenah,
Chapman,
■Chappell,
Chester,
Chipley,
Cooke,
Craft,
•Crawford of Ogle¬
thorpe,
Crawford of Rich- Lowe,
Hagerman, O'Neal,
Hardeman, Palmer,
Hardman, Parks,
Hardy, Pitman,
Harrison of Putnam Pitts,
Hines, Pryoi:,
Hitchcock, Rea,
Read,
Reeves,
Hudgins, Reynolds,
Hudson, Rhodes,
Johnson of Appling, Richardson,
Johnson of Heard, Robertson of
Johnson of Troup,
Jones of Harris,
Jones of Monroe,
Jordan,
Keaton,
King,
Liddle,
Loyall,
Lynch,
Mann of Morgan,
Mann of Tattnall,
Martin of Morgan,
Martin of Gwinnett, Toombs,
Trayler,
mond,
Credille,
Cutright,
Daniel of Greene,
Daniel of Thomas,
jDarden of Troup,
Darden of Warxen, Maxwell,
Davenport, May of Warren,
Davis,
Delauney,
Emanuel,
Evans,
Flournoy of Wash
ington.
Ford of Lee,
Foster,
F ranks,
•Greene of Macon,
Co¬
lumbia,
Robinson of Laurens
Sapp,
-Sermons,
Shaw,
Sheffield,
Smith,
Stephens,
Stuart of Ware,
Stroud of Clark,
Sumner,
Taylor,
Thomas,
McCrimmon,
McGahagan,
McMath,
McMillian of
Thomas,
Meadows,
Mitchell,
Morris of Cobb,
Mulkey,
Nash,
So the House refused .to adjourn to nine o'clock.
The House was then adjourned to three o'clock, this
.afternoon.
Waldhour,
•Wales,
Walker,
Warren,
West,
White of Jasper,
Williams of Harris,,
Williams of Talbot,
Wingfield,
Wooten.
Three o'clock, P. M.
The House resumed the unfinished business of the last
198
adjournment,. Being the report on the-bill to alter and amend"
the several acts in relation to taxes.
Mr. Osborne offered the following additional section, which
was received.
"And be it further enacted, That all. public race tracks or
turfs, pay a tax of the sum of two hundred dollars, to be
levied and collected from the proprietors, owning the same.'7
The eighth section being under consideration, Mr. Taylor
moved to fill the blank with "thirty-one and one-fourth
cents," which was- decided in the affirmative.
Whereupon, the yeas and nays were required to be re¬
corded, and are yeas 89, nays 82.
Those who voted in the affirmative, are Messrs.
Alexander,,
Bell,.
Bentley,
Black,
Boynton,
Brown of Bibb,
Flournoy of Wash- Meadows,
lngton,
Foster,
F ranks,
Green of Macon,
Hagerman,
Brown of Houston, Hammond,
Covenah, Hardeman,
Chapman,
Chappell,
Chester;
Chipley,
Crawford of Ogle¬
thorpe,
Crawford of Rich¬
mond,
Hardman,.
Hardy,
Hines,
Hitchcock,
Howard,
Hubbard,
Hudson,
Johnson of Heard,
Crawford of SumterJohnson of Troup,
Credille, Jones of Harris,
Cutright, Jordan,
Daniel of Greene,- King,
Daniel of Thomas, Lefitls,.
Darden of Troup, Liddle,.
Darden of Warren, Loyall,
Davenport;.
Dawson,.
Delauney,.
Dixon of Walker;.
Emanuel,
Evans,
Moore,
Morris, of Cobb;.
Morris, of Murray,,
Mulkey,
Nash,
Osborne,
Pitts,
Pryor,
Rea,
Read,
Reynolds,,
Richardson,..
Robinson of Laurens
Sermons,
Shaw,
Stuart, of Ware,
Stone,
Taylor,,
Thomas,
Toombs,
Trayler,
Waldhour,
Wales,
Walker,
Mann of Morgan,.
Martimof Morgan;
Martinof Gwinnett, Welborne,
Maxwell, West,
May, of Warren, White of Jasper,
McCrimmon, Williams of Harris,
Flournoy of Mus- McGahagan, Williamsof Talbot^,
cogee,. McMillian of'Tho's. Wootem
Those who voted in the negative, are Messrs..
Anderson of Frank-Anderson of War- Atkinson,
lith ten,, Barclay;,
199
Bearers, Hardage, O'Neal,
Bethea, Harrison of Ran- Palmer,
Bigham, dolph, Parks,
Brown of Fayette," Harris, Pettee,
Bryan of Houston, Hatcher, Pitman,
Bryan of Wayne, Hendry, Price,
Burt, Hibbert, Rhodes,
Carlton, Plotehkiss, Roberts,
Cannon, Hudgins, Robertson of Co-
Carroll, Hunter, hambia,
Carswell, Johnson of Appling, Rodgers,
Chandler, Jones of Franklin, Sanford,
Collier, Jones of Monroe, Sapp,
Cooke, Keaton, Sheffield,
Craft, Lee, Smith,
Crutchfield, Lowe, Stephens,
Hark, Lynch, Stiles,
Havis, Mann of Tattnall, Stroud of Clark,
Hodson, Mays of Cobb, Stroud of Walton,
Ellis, McMath, Sumner,
Espy, McMillen ofJacksonTanner,
Farnall, Mitchell, Tarver,
Fitzpatrick, Moon, Thompson,
Ford of Lee, Moultrie, Warren,
Green of Forsyth, • Murphey of DeKalbWebb,
Green of Pike, Murphey of Wil- White of Pike,
Hall, kinson, Wilson.
The following message was received from the Senate by
Mr. Bailey, their Secretary, to wit:
Mr. Speaker: The Senate has agreed to the report of the
Joint Standing Committee on the Judiciary, relative to the
construction of the Tax Act for the year 1840.
Also—to the report of the Joint Standing Committee on
Finance, in relation to the annual reports submitted to that
branch of the General Assembly at its present session, by
the Treasurer and Comptroller-General of the State of Geor¬
gia : to which the concurrence of the House of Representa¬
tives is desired.
The House was then adjourned to 9 o'clock, to-morrow
morning.
THURSDAY, December 3, 1840.
Mr. Howard moved to reconsider so much of the Journal
of yesterday, as relates to the passage of the bill to repeal
an act to compensate grand and petit jurors for the county
of Bibb.
200
Whereupon, the yeas and nays were required to be re¬
corded, and are yeas 74, nays 94.
Those who voted in the affirmative, are Messrs.
Anderson, of Chat- Hammond, Murphey,of DeKalb
ham,
Hardage,
Anderson, of Frank-Harrison,
lin, dolph,
Atkinson, Hatcher,
Barclay, Hendry,
Beavers, Hibbert,
Bell, Hitchcock,
Boothe, Hotchkiss,
Brown, of Fayette, Howard,
Bryan, of Wayne, Hudgins,
Murphey, of Wilkin-
of Ran- son,
Palmer,
Pettee,
Pitts,
Price,
Read,
Roberts,
Robertson, of Co¬
lumbia,
Robinson,of J asper,
Carlton, Hunter,
Carroll, Johnson, of Appling, Rodgers,
Chandler, Jones, of Franklin, Sanford,
Collier, Keaton,
Crutchfield, Lawson,
Hark, Lee,
Dawson, Lefils,
Erwin, Liddle,
Farnall, Mays, of Cobb,
Fitzpatrick, McDuffie,.
Flournoy, of Mus- McMillen, of Jack-Tarver,
cogee, son, Towles,
Gathright, Mitchell, Webb,
Green, of Forsyth, Moon, White, of Pike,
Green, of Pike,' Morris, of Murray, Whitfield,
Hall, Moultrie, Wilson.
Those who voted in the negative, are Messrs.
Alexander, Craft, Flournoy, of Wash-
Anderson, of WarrenC rawford, of Ogle- ington,
Sheffield,
Shropshire,
Stewart of Mcintosh
Stiles,
Stroud, of Walton,
Sumner,
T anner,
Ashley,
Bentley,
Bethea,
Bigham,
Black,
Brown, of Bibb,
thorpe, Ford, of Lee,
Crawford, of Rich-Foster,
mond, Greene, of Macon,
C rawford of Sumter, Hagerman,
Credille, Hampton,
Cutright, Hardeman,.
Brown of Houston, Daniel of Greene, Hardman,
Bryan, of Houston, Daniel, of Thomas, Hardy,
Burt, Darden, of Troup, Harrison, of Putnam
Covenah, Harden, of Warren, Hines,
Chapman, Davenport, Hubbard,
Chappell, Davis, Hudson,
Chester, Delauney, Johnson, of Heard,
Chipley, Emanuel, Johnson, of Troup,
Cooke, Evans, Jones, of Harris,
SOI
Jordan, Osborne,
Lowe, Parks,
LoyrJl, Preston,
Lynch, Rea,
Mann, of Morgan, Reeves,
Mann, of Tattnall, Reynolds,
Martin, of Morgan, Rhodes,
Maxwell,
May, of Warren,
McCall,
McCrimmon,
McMath,
Meadows,
Morris, of Cobb,
Mulkey,
O'Neal,
Richardson,
Robinson, of Lau
rens,
Sapp,
Sermons,
Shaw,
Smith,
Stuart, of Ware,
Stroud, of Clark,
Taylor,
Tqombs,
Trayler,
W aldhour,
Wales,
Walker,
Warren,
Welborne,
-West,
White, of Jasper,
Whitworth,
Williams, of Harris,
Williams, of Talbot,
Wing-field,
Wooten.
So the House refused to reconsider.
The following message was received from the Senate, by
Mr. Bailey, their Secretary.
Mr. Speaker: The Senate has agreed to a resolution,
setting apart the hour of 12 o'clock M., on Friday next,
being the 4th day of this instant, for the purpose of electing
a Senator, to represent the State of Geoigia in the Senate of
the United States, for six years from and after the fourth of
March next.
To which, the concurrence of this branch of the General
Assembly is desired.
The House r ,sumed the unfinished business of yesterday,
being the report of the bill to alter and amend the several
acts, in relation to taxes.
The following section: "And be it further enacted, That the
tax on the real and personal estate aforesaid, for the political
year one thousand eight hundred and forty-one, shall be
of one per cent, on the value of the same, as afore¬
said," being under consideration.
Mr. Chappell moved to fill the blank with "one tenth
which was decided ,in the negative.
Whereupon, the yeas and nays were ordered to be re¬
corded, and are, yeas 19, nays 169.
Those who voted in the affirmative, are Messrs.
Anderson of Chat- Crawford of Sumter,Millen,
ham, Outright, Nash,
Black, Hammond, Shropshire,
Brown of Bibb, Hardeman, Stewart of Mcintosh
Chappell, Hitchcock, Stiles,
Crawford of Ogle- Hudson, Stone,
thorpe, Liddle, W ales,
202
Those who voted
Alexander,
Anderson of Frank¬
lin,
Anderson of War¬
ren,
Ashley,
Atkinson,
Barclay,
Beavers,
Bed,
Bentley,
Bethea,
Bigham,
Boothe,
Boynton,
Brown of Fayette,
Brown of Houston,
Bryan of Houston,
Bryan of Wayne,
Burt,
Carlton,
Cannon,
Carroll,
Cars well,
Covenah,
Chandler,
Chapman,
Chester,
Chipley,
Collier,
Cooke,
Craft,
Crawford of Rich'd.
Credille,
Crutchfield,
Daniel of Greene,
Daniel of Thomas,
Darden of Troup,
Darden of Warren,
Dark,
Davenport,
Davis,
Dawson,
Dixon, of Walker,
Dodson,
Dufour,
Ellis,
Emanuel,
Erwin,
in the negative, are Messrs.
Espy, Lowe,
Evans, Loyall,
Farnall, . Lynch,
Fitzpatrick, Mann of Morgan,
Flournoy of Musco- Mann of Tattnall,
gee, Martin of Morgan,
Flournoy of Wash-Martin of Gwinnett,
ington, Maxwell,
Ford of Cherokee, Mays of Cobb,
Ford of Lee,
Foster,
F ranks,
Gathright,
Green of Forsyth,
■ Greene of Macon,
Green of Pike,
Hagerman,
Hah,
Hampton,
Hardage,
Hardman,
Hardy,
May, of Warren,
McCall,
McCrimmon,
McDuffie,
McGahagan,
McMath,
McMillen of Jack¬
son,
McMillian of Tho's.
Meadows,
Mitchell,
Moon,
Moore,
Harrison of Putnam,Morris of Cobb,
Harrison of Ran-Morris of Murray,
dolph,
Harris,
Hatcher,
Hendry,
Hibbert,
Hines,
Hotchkiss,
Howard,
Hubbard,
Hudgins,
Hunter,
Johnson of Appling, Price,
Johnson of Heard, Pryor,
Johnson of Troup, Rea,
J ones of Columbia, Read,
J ones of F ranklin, Reeves,
Moultrie,
Mulkey,
Murphey of Wilkin¬
son,
O'Neal,
Osborne,
Palmer,
Parks,
Pettee,
Pitts,
Preston,
Jones of Harris,
Jones of Monroe,
Jordan,
Keaton,
King,
Lawson,
Lee,
Lefils,
Long, '
Reynolds,
Richardson,
Roberts,
Robertson of Colum¬
bia,
Robinson of Jasper,
Robinson of Laur'ns
Rodgers,
Sanders,
203
Warren,
Welborne,
White of Jasper,
White of Pike,
Whitfield,
Whitworth,
Williams of Harris,.
Williams of Talbot,
Wilson,
Wooten.
Sanford, Tanner,
Sapp, T arver,
Sermons, Taylor,
Shaw, Thomas,
Sheffield, Thompson,
Smith, Toombs,
Stephens, Towles,
Stuart of Ware, Trayler,
Stroud of Clark, Waldhour,
Stroud of Walton, Walker,
Sumner,
On motion of Mr. Stephens,
" One of one per cent, on " was stricken from the
section, and " three cents on every hundred dollars of," in¬
serted in lieu thereof.
Mr. Roberts moved to lay the report and amendments on
the table, for the remainder of the session ; which was de¬
termined in the negative.
Whereupon the yeas and nays were ordered to be re¬
corded, and are yeas 83, nays 105
Those who voted in the affirmative, are Messrs.
Anderson, of Frank-Green, of Pike, Murphey, of Wil-
lin,
Atkinson,
Boothe,
Brown, of Bibb,
Brown, of Fayette,
Brown, of Houston, Hatcher,
Bryan, of Wayne, Hendry,
Carlton,
Cannon,
Carroll,
Chandler,
Collier,
Crutchfield,
Cutright,
Dark,
Dawson,
Dufour,
Ellis,
Erwin,
Espy,
Farnall,
Fitzpatrick,
Flournoy, of Wash-
ington,
Ford, of Cherokee,
Franks,
Gathright,
Green, of Forsyth,
Hall, kinson,
Hardage, Nash,
Hardeman, Palmer,
Harrison, of Rand'h.Pettee,
Harris, Pitts,
Price,
Pryor,
Hibbert, Read,
Hines, Reeves,
Hudgins, Roberts,
Hunter, Robinson, of Jasper,
Johnson, of Appling Rodgers,
Jones, of Columbia, Sanders,
Jones, of Franklin, Sanford,
Lawson, Sermons,.
Lee, Sheffield,
Mann, of Tattnall, Smith,
Martin, of Gwinnett,Stewart, ofMcIntosht
Mays, of Cobb, Stuart, of Ware,
McCrimmon, Stroud, of Walton,
McDuffie, Sumner,
McMillen of JacksonTanner,
McMillian, of
Thomas,
Mitchell,
Moon,
Morris, of Cobb,
Murphey, of DeKalb
T arver,
Thompson,
White, of Pike,
Whitfield,
Wilson.
204
Those who voted in the negative, are Messrs.
Alexander, Evans, Millen,
Anderson, of Chat- Flournoy, of Mus- Moore,
ham, cogee,
Anderson of WarrenFord, of Lee,
Ashley,
Barclay,
Beavers,
Bell,
Bentley,
Bethea,
Bigham,
Black,
Boynton,
Bryan, of Houston,
Burt,
Cars well,
Coven ah,
Chapman,
Chappell,
Chester,
Chipley,
Cooke,
Craft,
Moultrie,
Mulkey,
O'Neal,
Osborne,
Parks,
Pitman,
Preston,
Rea,
Reynolds,
Foster,
Greene, of Macon,
Hagerman,
Hammond,
Hampton,
Hardman,
Hardy,
Harrison, of PutnamRhodes
Hitchcock, Richardson,
Hotchkiss,
Hubbard,
Hudson,
Johnson, of Heard,
Johnson, of Troup,
Jones, of Harris,
Jones, of Monroe,
Jordan,
Keaton,
King,
Crawford, of Ogle- Liddle,
thorpe, Long,
Crawford, of Rich'd.Lowe,
Crawford of Sumter,Loyall,
Credille, Lynch,
Daniel, of Greene, Mann, of Morgan,
Daniel, of Thomas, Martin, of Morgan,
Darden, of Troup, Maxwell,
Darden ofWarren, May, of Warren,
Davenport, McCall,
Davis, McGahagan,
Delauney, McMathj
Dodson, Meadows,
Emanuel,
Mr. Barclay offered the following additional section :
And be it further enacted, That all banking companies shall
be taxed thirty-one and one-fourth cents, upon every one
hundred dollars of their capital stock, not invested in real
and personal estate.
To which, Mr. Chappell offered the following amend¬
ment :
And that such tax on such bank stock shall be returned
and paid, as under the laws heretofore passed.
Which was received, when the additional section, as
amended, was accepted by the House.
Robertson, of Co¬
lumbia,
Robinson of Laurens
Sapp,.
Shaw,
Shropshire,
Stephens,
Stone,
Stroud, of Clark,
T ay lor,
Toombs,
Trayler,
Waldhour,
Wales,
Walker,
Warren,
Webb,
Welborne,
West,
White, of Jasper,
Whitworth,
Williams, of Harris.
Wooten.
205
On motion of Mr. Toombs,
The report and amendments were postponed, for further
consideration.
On motion, the order was suspended, when the House
took up, and concurred in the resolution from the Senate, to
bring on the election of a Senator to represent the State of
Georgia in the Senate of the United States, for six years
from and after the fourth day of March next, on Friday, the
4th instant, at 12 o'clock, M. ; and the Clerk was directed
to carry the same forthwith to the Senate.
Mr. Foster asked, and obtained leave of absence, for a
few days, after to-day, on important business.
On motion, the order was suspended, when the following
bill from the Senate, was read the first time.
A bill to alter the 3d, 7th, and 12th sections of the first
and second article of the 3d section, and third article, and
the 15th section and fourth article of the Constitution of the
State.
The order was further suspended—when Mr. Stiles in¬
troduced a bill to ascertain the constitutional qualifications
of voters, at elections held' in the county of Chatham, and
city of Savannah, and to provide for the detection of frauds
at said elections.
The House was then adjourned, until 9 o'clock, to-morrow
morning.
FRIDAY, December 4th, 1840.
,Mr. Mann, of Morgan, asked and obtained leave of ab¬
sence from the services of the House for a few days, on
special business, after to-day.
Mr. Hardeman introduced a bill for the relief of William
Lowe, of Jones county; which was read the first time.
Mr. Hagerman introduced a bill to incorporate the Metho¬
dist Episcopal Church, at Newhope, in Lincoln county, and
to appoint trustees for the same ; which was read the first
time.
Mr. Bryan, of Houston, introduced a bill for the relief of
John H. Mount; which, was-read the first time.
Mr. Pettee introduced a bill to alter and change the name
of Madison Greenlea Todd to that of Madison Greenlea
Bryan, of Dooly county; which was read the first time.
Mr. Bentley presented a petition for the relief of William
Osborne; which was referred to a select committee, con¬
sisting of Messrs. Bentley, Rodgers, and Murphey, of De-
Kalb, without being read.
206
Mr. Chester laid on the table the following Resolution :
Resolved, That his Excellency the Governor be, and he is
hereby authorized and required to draw his warrant on the
treasury, for all the money which is now due the county ot
Decatur, on the poor and common school fund for said coun¬
ty of Decatur; and that the Senator of said county be au¬
thorized to receive and receipt for the same.
Mr. Rodgers introduced a bill to authorize the President
and Directors of the Central Bank to make settlements with
the Bank of Darien and its branches, or either of them;
Which was read the first time.
The House took up and amended the Report on the bill to
incorporate Hebron Academy, in Pike county, and to appoint
trustees for the same; and agreed thereto. The bill was
read the third time and passed.
The House took up and agreed to the Report on the bill
to incorporate the Americus Camp Ground, in Sumter
•county, and the several churches therein named; the bill
Was read the third time and lost.
Also—The Report on the bill to authorize the commis¬
sioners of the common school fund of Cass county, to pay
to the trustees of the Cass county Academy certain sums of
•money; and agreed thereto. The bill was read the third
time and lost.
Also—The Report on the bill amendatory to the road laws
'of this State) the Report was agreed to, the bill read the
third time and lost.
The House went into Committee of the Whole, Mr. Stroud,
of Walton, in the chair, on the bill to appropriate a sum of
money for the purpose of making a road across the Lookout
Mountain, and to appoint commissioners to carry the same
into effect; having spent some time therein, the Speaker re¬
sumed the chair, and the bill was reported without amend¬
ment ; the Report was agreed to as amended, the bill read
the third time and lost.
The House took up the Report and substitute on the bill
to add a part of the county of Mcintosh to the county of
Liberty, and also a part of the county of Liberty to the
county of Mcintosh when, en motion, the Report and sub¬
stitute were referred to a select committee, consisting of
Messrs. Lefils, Maxwell, Stephens, Stewart of Mcintosh,
and Mann of Tattnall.
On motion of Mr. Thompson, the order was suspended
for the purpose of introducing the following Resolution :
Resolved by this House, That the Committee to whom was
referred a bill to provide for the payment of individuals who
taught school under the poor school law, be required to re¬
turn the same, or report by 10 o'clock, to-morrow morning ;
Which was read and agreed to.
Mr. Chappell moved to suspend the order, for the purpose
207
of presenting several petitions from sundry citizens of the
county of Crawford, praying the repeal of the law establish¬
ing election precincts in said county; which, on motion, were
referred to a select committee, consisting of Messrs. Chap-
pell, Crutchfield, Tanner, Hampton and Meadows.
Mr. Flournoy, of Washington, introduced the following
Resolution:
Resolved, That from and after Monday next, no more bills
shall be introduced into this body of the General Assembly
during its present session.
On motion, of Mr. Hotchkiss, the order was suspended,
that he might introduce a bill to alter and amend an act to
compensate the Grand and Petit Jurors of the several coun¬
ties herein named, and to provide for the payment of the
same, so far as relates to the county of Scriven, assented
to 23d December, 1837—and for other purposes herein
mentioned ; which was read the first time.
Mr. Osborne, from the Select Committee to whom was re¬
ferred the Governor's message and accompanying documents,
relating to the charges preferred against the Principal and
subordinate Keepers of the Penitentiary, alleging cruel treat¬
ment of the convicts, having had the same under considera¬
tion, made the following
REPORT.
Your Committee have carefully investigated the subject,
and have interrogated persons, as witnesses, whose com¬
munication to his Excellency the' Governor was made the
basis on which the Executive founded his communication to
this branch of the General Assembly. Other witnesses were
examined, and the enquiry of the Committee was exclusive¬
ly directed to the abuses of power and cruelty inflicted on
the convicts, by the Principal and subordinate Keepers of the
Penitentiary; and on the most rigid investigation by your
Committee, there was no evidence produced to them that
Would lead them (or warrant) the conclusion that the cruelty
complained of in the Governor's communication, could be
sustained. Your Committee find, by reference to the rules
adopted for the government of the Institution, that corporeal
punishment is recommended and insisted upon as the only
useful mode by which the convicts can be kept in proper1
subjection, when they become refractory, and violate the
wholesome rules for their government. The cruelty com¬
plained of, proceeded from punishment inflicted on account
of offences committed by convicts, which, in the opinion of
your Committee, justified the act. From the testimony be¬
fore us, we feel bound to relieve Serjeant Holden from the
imputation of cruelty, as he acted wholly under the orders
of his superior, the Principal Keeper.
Yodr Committee have not examined any witnesses, that
203
the accused were abundantly furnished with, to exculpate
them from the charges that have been preferred-1 were not
sustained by the evidence produced them by the accusing
or complaining party. Your Committee have discovered
nothing in the progress of their investigatipn to impugn the
motives, or impair the confidence in the zeal and ability of
the present Principal Keeper. We regard the rules, as estab¬
lished for the government of the convicts, as wise, whole¬
some and salutary.
Under a full conviction that no good can result from a
further investigation of the subject, your Committee beg
leave to present this Report, and the accompanying docu¬
ments, and be relieved from the further investigation of the
subject."
On motion, the House took up the Report, and agreed
thereto.
Mr. Boynton introduced a bill to authorize John D. Staple-
ton, H. W. Spear, Jones Griffin, and their heirs, to erect a
toll-gate on the turnpike over the Kinchafoona Swamp, in
the county of Stewart, on the land of the aforesaid John D.
Stapleton, and to collect toll for the same ; which was read
the first time.
Mr. Murphey, of DeKalb, introduced a bill to enable per¬
sons owning lands to maintain the action of trespass, without
being in the actual possession or occupancy thereof, &c.;
which was read the first time.
Mr. Toombs introduced a bill to define the dignity of open
accounts, in the distribution of decedent's estates; which
was read the first time.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary ; which was read
and laid on the table :
Executive Department, )
Milledgeville, 2d Dec. 1840. )
Accompanying this, is transmitted the copy of a letter
from the Secretary of State, informing me of the imperfect
condition of a part of the public records. The means of
correcting them, to a considerable extent, are now within
the power of that officer; and it is due to the holders of
lands under ancient grants issued between the years mention¬
ed in the communication, that the correction should be made.
1 also lay before the General Assembly copies of resolu¬
tions passed by the legislature of Vermont, recommending
an amendment of the Constitution of the United States,
which will restrict the eligibility of the President of the
United States to a single term.
charles j. Mcdonald.
209
The following message was received from the Senate, by
Sir. Bailey, their Secretary:
Mr. Speaker: The Senate have passed the following bills:
A bill to authorize overseers of Roads for Chattooga coun¬
ty to appoint warners and to define their duties.
A bill to alter and amend the 30th section of the 10th Di¬
vision of an act entitled An act to reform, amend and con¬
solidate the penal laws of the State of Georgia, approved
23d December, 1833.
A bill to establish additional election precincts in the coun¬
ties of Irwm and Campbell, and to change an election pre¬
cinct in the county of Marion.
A bill to alter and amend the 8th section of the Judiciary
of this State, passed the 16th February, 1799; and to define
more particularly the fees of clerks.
A bill to consolidate the offices of Receiver of Tax Re¬
turns and Tax Collectors of this State, so far as relates to
the county of Appling.
A bill to regulate and appropriate the common school fund,
so far as relates to the county of Wilkinson.
A bill to regulate the times of holding the Superior Courts
of the Southern Circuit.
A bill to incorporate the village of Palmyra, in the county
of Lee and to appoint commissioners for the same.
A bill to create and establish a free system of education
by common schools, in the county of Bulloch.
A bill to change the name of William J. Emswiler to that
of William J. Reeves.
A bill to extend the corporate limits of the town of Athens,
in the county of Clark, and to change the place of holding
the elections for officers of the corporation of said town.
A bill to authorize purchasers of city lots and lots of land
in the cities of Macon and Columbus, and in the Reserves
thereof, to redeem them from forfeitures.
The Senate have also agreed to the resolution bringing on
the election of Major General, to fill the vacancy of Major
General Ezekiel Wimberly, resigned ; and at the same time
proceed to the unfinished business of electing a State printer,
agreeable to a concurrent resolution.
To which the Senate desire the concurrence of the House
of Representatives.
The Speaker presented the Report and accompanying
documents of the Commissioners of4 the Lunatic Asylum;
which were referred to a select committee, consisting of
Messrs. Shaw, Hammond, Anderson of Chatham, Alexan¬
der and King.
On motion of Mr. Chappell, the resolution of the Senate,
bringing on the election of a Major General for the 6th Di-
i/i
210
■Vision, G. M., and also a State Printer, was taken tip, ready
and concurred in.
Mr. Alexander introduced a bill to authorize the Mayor
and Council of the city of Columbus to define the limits of
Bay street in said city, and to lay off a portion of said street,
and of the north commons of said city, into Water Lots,
and dispose of the same ; which was read the first time.
On motion of Mr. Hotchkiss, the order was suspended,
that he might introduce the following resolution :
Resolved, That the Report of the Board of Commissioners
of the Ogeechee River be withdrawn from the Committee
on Internal Improvements, and refer it to a select committee
consisting of one member from each county adjoining the
river; which was read.
The following message was received from the Senate, by
Mr. Bailey, their Secretary::
Mr. Speaker: The Senate has agreed to a resolution to
authorize the Governor to forward, together with the Acts
and Journals of the present Session, eight copies of the late
edition of Prince's Digest, eight copies of Green and Lump¬
kin's Georgia Justice, to the county of Union; also, eight
copies of Prince's Digest, and four copies of Green and
Lumpkin's Georgia Justice, to the county of Gilmer, for the
use of the officers of said counties.
The Senate has also agreed to the Report of the Joint
Standing Committee on Petitions, to whom was referred the
petition of Samuel H. Wilson and Christopher C. Lewis, of
the county of Upson.
They have also agreed to the Report of the committee to
whom was referred the claims of James L. Daniel and Solo¬
mon Jennings ; to which they desire the concurrence of the
House of Representatives.
The House took up the Report on the bill to alter and
amend a part of the first section of the third article of the
constitution ol the State of Georgia; and agreed thereto.
The bill was read the third time, and on the question "Shall
this bill now7 pass f" the yeas and nays were required to be
recorded, and are Yeas 91, Nays 82.
Those who voted in the affirmative, are M essrs.
Anderson, of Frank-Cannon, Daniel, of Thomas,
lin, Cars well, Darden, of Warren,
Anderson, of War- Chandler, Davenport,
ren, Chapman, Davis,
Beavers, Collier, Dawson,
Bentley, Crawford, of Ogle- Ellis,
Burt, thorpe, Emanuel,
Carlton, Credille, Erwin,
mi
Evans, Liddle, Read,
Farnall, Loyall, Reeves,
Ford, of Cherokee, Lynch, . Reynolds,
Ford of Lee, Mann, of Morgan, Roberts,
Green, of Forsyth, Martin, of Gwinnett,Robertson, of Co-
Green, of Pike, Mays, of Cobb, lumbia,
Hagerman, May, of Warren, Robinson, of Jasper,
Hall, McComb, Robinson, of Lau-
Hardage, McDuffie, rens,
Hardman, McGahagan, Sanders,
Harrison, of Ran-McMath, Sanford,
dolph, McMillen,of J acksonSheffield,
Harris, McMillian, of Tho's, Smith,
Hatcher, Mitchell, Stroud, of Clark,
Hendry, Moon, Stroud, of Walton,
Hoichkiss, Morris, of Cobb, Sumner,
Hubbard, Morris, of Murray, Tanner,
Hunter, Malkey, Thompson,
Johnson, of Heard, Murphey,of DeKalbWaldhour,
Jones, of Franklin, Murphey, of Wil-Walker,
Jordan, kinson, Webb,
Keaton, Palmer, Welborne,
King, Pitman, White, of Pike,
Lawson, Pitts, Williams, of Harris.
Lee, Price,
Those who voted in the negative, are Messrs.
Alexander, Hark, Lefils,
Anderson, of Chat-Delauney, Lowe,
ham, Dodson, Mann, of Tattnall,
Atkinson, Dufour, Martin, of Morgan,
Hell, Floiirnoy, of Mus-Maxwell,
Bigham, co gee, McCall,
Black, Flournoy, ol Wash-McCrimmon,
Boothe, ington, Meadows,
Boynton, F ranks, Millen,
Bryan, of Houston, Gathright, Moore.,
Bryan, of Wayne, Greene, of Macon, Nash,
Gar roll, Hammond, O'Neal,
Govenah, Hampton, Osborne,
Chester, Hardeman, Pettee,
Chipley, Harrison, of PutnamPreston,
Gooke, Hibbert, Pryor,
Grawford, of Rich-Hines, Rea,
mond, Hitchcock, Rhodes,
Grawford, of SumterHudgins, Richardson,
Crutchfield, Hudson, Rodgers,
Gutright, J ohnson, of Appling, Stapp,
Daniel, of Greene, Johnson, of Troup, Shaw,
Harden, of Troup* Jones, of Harris, Shropshire,
2:12
Stewart, ofMcfntoshTowles,
Stuart, of Ware, Trayler,
Stiles,
Stone,
Taylor,
Thomas,
Whitfield,.
Whitworth,
Williams, of Talbot
Wilson,
Wing-field.
Wales,
Warren,
West,
White, of Jasper,
There not being a majority of two-thirds in favor of the
passage of the bill, as required by the constitution, the same
was lost.
The house took up, amended and agreed to the Report on
the bill to grant the rights and privileges of citizenship to
certain persons and their descendants, of the Cherokee tribe
of Indians, therein named, and to remove all legal disabili¬
ties heretofore imposed on. said tribe of Indians, so far as-
respects said persons. The bill was read the third time, and
on the question, " Shall this bill now pass ?" it was determin¬
ed in the affirmative. Whereupon the yeas and nays were
required to be recorded, and are Yeas 111, Nays 72.
Those who voted in the affirmative, are Messrs.
Alexander,
Anderson, of Chat¬
ham,
Anderson, of F rank-
lin,
Ashley,
Barclay,
Beavers,
Bed,
Bethea,
Bigham,
Black,
Brown, of Fayette,
Brown, of Houston,
Burt,
Carlton,
Cannon,
Carroll,
Cars well,
Covenah,
Chapman,
Chappell,
Chipley,
Collier,
Cooke,
Craft,
Crawford, of Rich¬
mond,
Credille,
Cutright,
Davenport,
Dawson,
Delauney,
Ellis,
Erwin,
Espy,
Evans, -
F arnall,
Jones, of Columbia,
Jones, of Franklin,
Jordan,
Lawson, .
Lee,
Lefils,
Liddle,
Lynch,
Martin, of Morgan*
Martin, of Gwinnett,
Flournoy, of Mus- Maxwell,
cogee, Mays, of Cobb,
Gathright, McCall,
Green, of Forsyth, McComb,
Hammond, McCrimmon,
Hardman, McMillen, of Jack-
Hardy, . son,
Harrison, ofPutnamMcMillian, of
Hendry, Thomas,
Hitchcock, Millen,
HotchkiSs, Mitchell,
Howard, Moore,
Hubbard, Morris, of Cobb,
Hudgins, Morris, of Murra y,
Hudson, Moultrie,
Johnson, of Appling,Mulkey,
■Johnson, of Heard, Murphey, ofDhKalb
Johnson, of Troup, Nash,
213
Osborne,
Robinson, of Lau- Thomas,
Parks,
rens,
Toombs,
Pitman,.
Rodgers,
Trayler,
Pitts,
Sanders,
Wales,
Preston,
Sermons,
Walker,
Price,
Shaw,
Warren,
Read,
Sheffield,
Webb,
Reynolds,
Shropshire,
West,
Whitfield,
Rhodes,
Stuart, of Ware,
Richardson,
Stiles,
Whit worth,
Robertson, of
Co- Stone, ■
Wilson.
lumbia,
Taylor,
Those who voted in the negative, are Messrs,
Anderson, of War-Franks,
ren, Green, of Pike,
Atkinson, Hagerman,
Bentley, Hall,
Boothe, . Hardage,
Boynton, Hardeman,
Bryan, of Wayne, Harris,
Chandler, Hatcher,
Crawford, of Ogle-Hibbert,
thorpe, Hines,
Crawford, of SumterHunter,
Crutchfield, Jones, of Harris,
Daniel, of Greene, Keaton,
Daniel, of Thomas,Long,
Harden, of Troup, Lowe,
Darden, of Warren,Loyall,
Dark, Mann, of Morgan,
Palmer,
Pettee,
Pryor,
Rea,
Reeves,
Roberts,
Robinson, of Jasper,,
Sanford,
Sapp,
-Smith,
Stephens,
Stewart,of Mcintosh
Stroud, of Clark,
Stroud, of Walton,
Sumner,
Tanner,
Tarver,
Mann, of Tattnall, Thompson,
May, of Warren, Towles,
Mc'Duffie, Waldhour,
McGahagan, White, of Jasper,
McMath, White, of Pike,
Davis,
Dodson,
Dufour,
Emanuel,
F itzpatrick,
Flournoy, of Wash- Moon, Williams, of Harris,
ington, Murphey, ©f Wil- Williams, of Talbot,
Ford, of Cherokee, kinson, Wingfield.
Ford, of Lee,
The House took up the Report on the bill to amend an act
entitled An act to incorporate the Mossy Creek Methodist
camp-meeting ground, in the county of Habersham, passed
24th December, 1832, and to appoint trustees for said camp-
meeting ground; and agreed thereto. The bill was read the
third time, and passed.
Also—The Report on the bill for the relief of James L.
Daniel .; which, on motion,, was postponed for further con-
.sideration*
214
Also—The Report on the bill to attach the Volunteer Com¬
pany of Macon county, called the Flint River Blues, to the
2d Brigade of the 8th Division, G. M.; and agreed thereto.
The bill was read the third time and passed.
Also—The Report on the bill to amend an act incorpo¬
rating the city of Darien, assented to the 3d of December,
1821, and also all acts relative thereto ; and agreed thereto.
The bill was read the third time and passed.
Also—The Report on the bill to appoint additional trus¬
tees for the Habersham county Academy; the Report was
agreed to.. The bill was read the third time and passed.
Also—The Report on the bill to- amend an act entitled An
act to incorporate the Habersham Iron Works and Manu¬
facturing Company, passed 25th December, 1837; which
was agreed to. The bill was read the third time and passed.
Also—The Report on the bill " to establish election dis¬
tricts, and to alter some already established, in the several
counties therein named, and to regulate the same;" and be¬
fore having gone through with the same, the House yielded
to a motion to proceed to the several elections set apart for
this day.
On motion, the clerk was directed to inform the Senate
that the House of Representatives are now ready to receive
them in the Representative chamber for the purpose of pro¬
ceeding to the election of a Senator in the Congress of the
United States, to represent the State of Georgia, for six
years from the 4th of March next ensuing.—Also, a Major
General for the 6th Division, G. M.—And also the unfinished
business of a previous adjournment, being the election of
State Printer.
Which duty being performed, the President and members-
of the Senate attended, and the General Assembly proceed¬
ed to the election of a United Slates Senator; and the bal¬
lots being received and examined, it appeared that John
McPherson Berrien, Esq., was duly elected.
They then proceeded to the election of a Major General
for the 6th Division, G. M.; and the ballots being received
and examined, it appeared that Levi J. Knight was duly
elected.
They then proceeded to the election of a State Printer ?
and on receiving and examining the ballots, it appeared that
Richard M. Orme, Esq., was duly elected.
The President and members of the Senate then withdrew.
Leave of absence was granted to Messrs. Lefils and
Robinson of Laurens,, for a few days, on special business;
and to Mr. Hotchkiss for a few days, on account of indispo¬
sition in his family.
The House was then adjourned to- 9 o'clock, to-morrow
morning.
215
SATURDAY, December 5, 1840.
/
On ^motion of Mr. Welborne the House agreed to recon¬
sider so much of the Journal of yesterday as relates to the
rejection of the bill to incorporate the Americus Camp
ground, in Sumter county, and the several Churches therein
named.
Mr. Tanner moved to reconsider so much of the Journal
of yesterday as relates to the rejection of the bill amenda¬
tory of the Road Laws of this State—the Douse refused to
reconsider.
On motion of Mr. Murphey of DeKalb, the House agreed
to reconsider so much of the Journal of yesterday as relates
to the rejection of the bill to alter and amend a part of
the 1st section of the 3d article of the Constitution of the
State of Georgia.
Leave of absence was granted to Messrs. Fitzpatrick and
Walker for a few days, on special business—and Harrison
of Putnam, for a few days on account of indisposition.
On motion, the order was suspended, when Mr. Mays
introduced a bill to authorise the Justices of the Inferior
court of Cobb county, or a majority of them, to levy an extra
tax for the purpose of paying the former Sheriff and Jailor
of said county for the apprehension, confining in Jail and
bringing to trial sundry Irishmen, indicted for murder in
said county, and for other purposes—which was read the
first time.
The House resumed the unfinished business of yesterday,
it being the report on the bill to establish Election Districts,
and to alter some already established in the several counties
therein named, and regulate the same.
Mr. Chappell offered the following additional section :
And be it further enacted, That the election precincts in the
county of Bibb be abolished, with the exception of the pre¬
cinct at the Court House in the town of Macon.
On motion to receive the amendment, the yeas and nays
were required to be recorded, and are Yeas 79—Nays 82.
Those who yoted in the affirmative are Messrs.
Alexander, Bryan of Houston, Daniel of Greene,
Anderson, of War- Covenah, Darden of Troup,
ren, Chapman, Darden, of Warren,
Ashley, Chappell, Davenport,
Bell, Chester, Davis,
Bentley, Chipley, Emanuel,
JBethea, Craft, Evans,
Bigham, Crawford, of Ogfe Flournoy* of Mus-
Black, Crawford of Rich- cogee,
Boynton, mond, Flournoy, of Wash'n
Brown of Houston, Cutright, Franks,
216
Greene, of Maeon,
Hagerman,
Hampton,
Hardeman,
Hardman,
Hines,
Hubbard,
Hudson,
Johnson, of Heard, McMath,
Jones, of Columbia,McMillian,
Lynch,
Mann, of Tattnall,
Martin, of Morgan,
Martin of Gwinnett,
Maxwell, "
May of Warren,
McCrimmon,
McGahagan,
of
Jones of Harris,
Jones, of Monroe,
Jordan,
King,
Long-,
Lowe,
Loyall,
Thomas,
Meadows,
Moore,
Nash,
O'Neal,
Osborne,
Pitman-,
P re stony
Rea,
Reeves,
Reynold Sj
Rhodes,
Richardson,
Sermons,
Shaw,
Stuart of Ware,.
Stroud, of Clark,
Taylor,
Trayler,
Waldhour,
Warren,
Whitworth,
Williams of Harris
Those who voted in the negative, are Messrs.
Anderson, of Chat-Hammond,
ham, Hardage,
Anderson, of Frank- Harrison,
lin, dolph,
Barclay, Harris,
Beavers, Hatcher,
Brown, of Fayette, Hendry,
Bryan, of Wayne, Hibbert,,
Palmer,
Pettee,
of Ran-Pitts,
Price,
Pryor,
Read,
Roberts,
Rodgersy
Sanders,
Sanford,
Sheffield,
Shropshire,
Burt, Hotchkiss^
Carlton, Howard,
Cannon, Hudgins,
Carroll, Hunter,
Chandler, Johnson of Appling, Smith,
Collier, Jones, of Franklin, Stewart of M'Intosh
Cooke, Keaton, Stiles,
Crutchfield, Lawson, Stone,
Hark, Lee, Stroud, of Walton,.
Dawson, Liddle, Sumner,
Dixon, of Walker, Mays, of Cobb-, Tanner,
Ellis, McMillen, of Jack- Tarver,
Erwin,, son, Thomas,
Espy, Mitchell, Thompson,
F arnall, Moon, Towles,
Ford of Cherokee, Morris, of Cobb, Turner,
Ford of Lee, Morris of Murray, Webb,
Gathright, Moultrie, Welborne,
Green of Forsyth, Muqffiey, ofDeKalbWhite of Pike,,
Green, of Pike, Murphey, of Wilkin-Whitfield,
Hall, son, Wilson.
So the amendment was rejected.
217
The report was amended and agreed to ; the bill read the
third time and passed.
On motion of Mr. Shropshire, the order was suspended,
when he presented the petition of Dennis Hills, praying pay¬
ment for certain services rendered; which was referred to
a select committee consisting of Messrs. Shropshire, Rogers,
and Robinson of Jasper, without being read.
Mr. O'Neal laid on the table a resolution to authorise' the
Commissioners of the Western and Atlantic Rail Road, in
case of controversies between Contractors and Engineers on
said Road, to call upon disinterested Engineers to measure
and estimate the work done.
On motion, the order was suspended, when Mr. Hardage
offered the following resolution, which was read and agreed
to : »
Resolved, That the rule of this House requiring the call of
the counties in alphabetical order be dispensed with after
Monday next.
Resolved further, That the times of the meeting of this
House shall be 9 o'clock in the morning, and 3 o'clock in
the afternoon, after to-day, until otherwise ordered by this
House.
The order was further suspended for the purpose of tak¬
ing up the following' bill of Senate :
A bill to organize a new Judicial Circuit to be called the
South Western District, and to appoint the times of holding
the Superior and Inferior courts in said District; which was
read the first time.
The following message was received from the Senate by
Mr. Bailey, their Secretary :
Mr. President:—The Senate has passed the following bills:
A bill to add the residence of John Mulkey of the county
of Houston, to the county of Macon.
A bill to compensate the Grand and Petit Jurors of cer¬
tain counties therein mentioned, so far as relates to the county
of Emanuel—assented to December 23, 1837.
A bill to make permanent" the site of public buildings and
seat of justice for the county of Gilmer in the town of Elli-
jay, and to incorporate the same.
Mr. McDuffiie introduced a bill to prevent the employ¬
ment of slaves or free persons of color as Captains or Pat-
roons of Boats and Boxes upon the Ocmulgee and Altamaha
rivers, except in cases therein specified; which was read
the first time.
Leave of absence was granted to Messrs. Crawford of
Sumter and Stephens for a few days on special business, and
to Mr. Wooten for a few days, on account of indisposition.
On motion of Mr. Roberts, the order was further suspend¬
ed for the purpose of offering a resolution requiring the com¬
mittee on Finance to whom was referred a bill to levy and
218
collect a tax for the year 1S41, to return said bill by ten
o'clock on Monday next, and report thereon.
The House took up the report on the bill to compensate
Grand and Petit Jurors of Dooly county, and agreed there¬
to ; the bill was read the third time and passed.
The House took up the report on the bill to amend an act
entitled an act to give to Masons and Carpenters an incum¬
brance for debts due on account of work done and materials
furnished In building, or repairing houses, on such houses,
and the premises to which they may be attached, and to re¬
peal all laws on the subject, so far as relates to the counties
of Richmond and M'lntosh, and in the cities of Savannah,
Macon, and Columbus, passed 22d December, 1834, so as to
give to painters in the city of Columbus the like security for
debts due on account of painting done on houses in said city;
and agreed thereto—the bill was read the third time and
passed.
The House took up the report on the bill to compel per¬
sons who are not citizens of the county of Randolph, but
who own plantations and negroes in said county, to give in
and pay tax for said property in said county of Randolph—
and agreed thereto ; the bill was read the third time, and on
the question shall this bill now pass ? the yeas and nays were
required to be recorded, and are Yeas 51—Nays 117.
Those who voted in the affirmative are Messrs.
Nash,
Osborne,
Pettee,
Robertson, of Co¬
lumbia,
Atkinson, Hampton,
Beavers, Harrison, of Ran
Bethea, dolph,
Bigham, Hendry,
Brown, of Houston, Hibbert,
Cannon,
Carroll,
Chipley,
Hines,
Hotchkiss,
Hubbard,
Shaw,
Sheffield,
Shropshire,
Crawford, of Rich- Johnson of Appling,Stewart .of Mcln-
mond,
Dawson,
Dixon of Walker,
Dufour,
Ellis,
F arnall,
Ford, of Lee,
Gathright,
Greene, of Macon,
Hall,
Keaton,
Lee,
Maxwell,
McCall,
McDuffie,
McG ahagan,
McMath,
tosh,
W ales,
Webb,
Welborne,
"V^est,
Whitfield,
Wilson,
McMillen ofJacksonWingfield.
Morris, of Murray,
Mulkey,
Those who voted in the negative, are Messrs.
Alexander, Anderson of Warren Bell,
Bentley,
Anderson, of Frank-Ashley,
lin,
Barclay,
Black,
219
Boothe, , Hard a we,
' ' O 7
Boynton, Hardemkn,
Bryan, of Houston, Hardman,
Bryan, of Wayne, Hardy,
Burt,
Carlton,
Covenah,
Chapman,
Chap pell,
Chester,
Collier,
Cooke,
Craft,
Harris,
Hatcher,
Hitchcock,
Howard,
Hudgins,
Hudson,
Hunter,
Parks,
Pitman,
Pitts,
Preston,
Price,
Pryor,
Rea,
Read,
Reeves,
Reynolds,
Rhodes,
Johnson, of Troup, Richardson,
Jones, of Franklin, Roberts,
Crawford, of Ogle- Jones of Harris,
thorpe, Jordan,
Crutchfield, King,
Cutright, Lawson,
Daniel, of Green, Liddle,
Daniel, of Thomas, Lowe,
Darden of Troup, Loyall,
Darden, of Warren, Lynch,
Mann, of Tattnall,
Martin of Morgan, Tanner,
Martin of Gwinnett, Tarver,
Robinson, of Jasper,
Sanders,
Sanford,
Smith,
Stuart, of Ware,
Stiles,
Stroud, of Clark,
Stroud, of Walton,
Sumner,
Mays, of Cobb,
May of Warren,
McCrimmon,
McMillian, of
Thomas,
Meadows,
Taylor,
Thomas,
Thompson,
Toombs,
Towles,
Trayler,
Waldhour,
Warren,
White, of Jasper.
White of Pike,
Whitworth,
Davenport,
Davis,
Delauney,
Dodson,
Emanuel,
Erwin,
Evans,
Flournoy, of Mus¬
cogee,
Flournoy, of Wash- Millen,
ington, Mitchell,
Ford, of Cherokee, Moon,
Franks, Moore,
Green of Forsyth, Morris, of Cobb,
Green, of Pike, Murphey, ofDeKalb Williams of Harris,
Hagerman, O'Neal, Willianls of Talbot.
Hammond, Palmer,
So the bill was lost.
The House took up the report on the bill to extend the
time for taking out grants for lands in the counties of origin¬
ally Early, Irwin and Appling, and to provide for the dis¬
position of the same, not granted within the time extended;
which, on motion, was made the special order for Tuesday
next.
Also, the report on the bill to incorporate the Union and
Lumpkin Turnpike company—the report was amended and
agreed to; the bill was read the third time and lost.
Also, the report on the bill for the relief of securities and
220
endorsers, which was amended and agreed to ; the bill was
read the third time and passed.
The House went into committee of the whole—Mr. Os¬
borne in the chair; on the bill to compensate Archibald G.
Ridgely for services rendered the State in the capture and
delivery of a fugitive from justice ; and having spent some
time therein, the Speaker resumed the chair, and Mr. Os¬
borne from the committee reported the bill without amend¬
ment—the House took up the report, when on motion, it was
laid on the table for the balance of the session.
The following message was received from his Excellency
the Governor, by Mr. Glascock his Secretary, which was
referred, together with the accompanying documents, to a
select committee consisting of Messrs. Pitts, Liddle and
Morris of Murray:
Executive Department, )
Milledgeville, December 4th, 1840. )
I have the honor to lay before the General Assembly, the
copy of a letter received from Capt. Berry W. Gideon of Cass
county, claiming pay for services rendered by a volunteer
mounted company, raised under the act of 1837, for the pro¬
tection of the Cherokee country. You will receive accom¬
panying it the documents referred to by Capt. Gideon, which
will facilitate an investigation of the claim presented.
charles j. Mcdonald.
The following bills were severally read the second time
and referred to a committee of the whole House:
A bill touching election precincts in the county of Bibb.
A bill to authorise the corporation of the city of Macon to
lease to Martin L, Hardin and his associates, that part of
the Macon reserve known as Napier's old field.
A bill to appropriate a sum of money for the payment of
the claim-of Arthur Stotesbury.
A bill to compel all persons who are not citizens of the
county of Dooly, Scriven, and Early, but who own land and
negroes therein to pay taxes for such property in the said
counties of Dooly, Scriven and Early.
A bill to apportion the representation of Glynn county
according to the census taken in the year 1840, by the Depu¬
ty Marshal of the Unrted States.
A bill to provide those teachers who have taught under
the provisions of the Poor School Law, and are yet unpaid.
A bill to compel the Commissioners of the Road from
Dahlonega, in Lumpkin county, by way of Ellijay in Gilmer
county, to the Federal Road in Murray county, and to com¬
pel them to make a settlement with John J. Dickerson, Geo.
Brack and Henry "WykeL
221
A bill to authorise his Excellency to furnish the Georgia
Guards of Harris county, with seventy stand of arms, &c.
A bill to lay out and form a new county from the counties
of Henry, Pike, Fayette and Butts.
A bill to point out and regulate the manner of taking testi¬
mony by commissioners.
A bill to change the place of holding elections from the
house of R. A. Hall, to. the house of Robert Carsons in Tal¬
bot county.
A bill to authorise the Justices of the Inferior court of the
county of Randolph to use the taxes collected for the year
1841, for the purposes of building a Court House in said
county, &c.
A bill to emancipate James a negro slave.
A bill to amend the charter ,of the city of Macon, as re¬
spects holding charter elections.
A bill to incorporate Bainbridge Female Academy in the
county of Decatur.
A bill to appropriate a sum of Money to repair and put in
good order, the Alabama Federal Road, and to appoint com¬
missioners to effect the same.
A bill to alter and amend an act to alter and amend the
several Judiciary acts in force in this State, so far as relates
to Justices courts.
A bill to hold liable the assets of Banks in certain cases,
to the payment of their debts.
A bill to incorporate Beach Spring Academy in the county
of Harris, and to appoint Trustees for the same.
A bill to incorporate the village of Houston, in the county
of Heard, and to make permanent the election precinct at
said place.
A bill to repeal the proviso of the second section of an act
entitled an act to consolidate the offices of Tax collector and
Receiver in the several counties therein named, assented to
December 25th, 1837, so far as the same relates to the coun¬
ty of Lumpkin.
A bill to extend the corporate limits of the town of Bain¬
bridge.
A bill more fully to define the fees of Sheriffs, Coroners,
and Constables in this State in certain cases.
A bill to be entitled an act to refund to Solomon Jennings,
the amount of his expenditures for the apprehension and de¬
livery of David Patton, a fugitive from justice to the authori¬
ties of this State, and to authorise the Governor to draw his
warrant, &c.
A bill to incorporate an institution for the promotion of
christian knowledge and general Education, to be called the
Georgia Episcopal Institute and Christ College at Montpe-
lier in the county of Monroe.
A bill to repeal so much of an act entitled an act to autho-
222
rise the Justices of the Inferior courts of the several counties
in this State, to create and lay out any new districts, or
•change and alter the lines of those already laid out, assented
to 23d December, 1839, so far as relates to the county of
Cherokee.
The bill from the Senate to alter the 3d, 7th and 12th sec¬
tions of the first and second articles of the 3d section and 3d
article, and the 15th section and 4th articles of the Constitu¬
tion of the State, was read the second time and engrossed
for a third reading.
Leave of absence was granted to Mr. Ford of Lee, after
to-day, for a few days on special business.
The House then adjourned until Monday morning nine
o'clock.
MONDAY, December 7, 1840.
Leave of absence was granted to Messrs. Carswell, Crid¬
dle, Black, and Jordan, for a few days, for various reasons.
Mr. Carlton introduced a bill for the relief of honest debt¬
ors ; which was read the first ttme.
Mr. Hudginsf introduced the following resolution I
< Resolved, That his Excellency the Governor, be requested
to have sent to Cass county, together with the Laws and
Journals of the present session, ten copies of Prince's Digest,
and ten copies of the late Georgia Justice, for to furnish the
new created district in said county; also to the county of
Cherokee, two copies each of the aforesaid books.
Mr. Chester introduced a bill to authorize the specie pay¬
ing banks to issue and circulate bills of as low a denomina¬
tion as one dollar; which was read the first time.
Mr. Hudson introduced a bill to alter and amend the sev¬
eral laws regulating the repair of, and work done on, roads
of this State, so far as relates to the county of Hancock;
and to regulate the letting out and discontinuing of bridges,
an said county; which was read the first time.
Mr. Johnson,of Heard, offered the following resolution:
Resolved by the Senate and House of Representatives, That his
Excellency, the Governor, cause to be sent to the county of
Heard, for the use of the officers of a new created district,
two copies of Prince's new Digest, and the Acts and Jour¬
nals of the present session of the. General Assembly.
Mr. Bentley, from the Select Committee to whom was re¬
ferred the petition for the relief of William Osborne, submit¬
ted the following report:
The Select Committee to whom was referred the petition
223
of William Osborne, praying an appropriation of five hun¬
dred and eight dollars, the amount paid by him for lot of
land, No. 244, in the seventh district of Henry county, and
which has been twice granted by the State, have had the
same under consideration, and ask leave to report that said
lot was drawn by one Wright Grooms, and was on the 20th
day of March, in the year 1823, under a mistaken idea, (as
your committee are informed,) relinquished to the State of
Georgia; that said lot was afterwards, to wit, on the 31st day
of May, in the year 1825, granted by the State to the said
Wright Groom; and said lot was afterwards, as your com¬
mittee are informed, placed in the wheel as a relinquished
lot to the State, and again drawn by one Benjamin Hardin,
and was granted to him on the 12th day of March, in the
year 1836, as appears by a certificate from the Executive
Department, and that the petitioner, William Osborne, has
since the date of the last mentioned grant, by a decree in
equity, in Henry Superior Court, lost said lot of land, and
the original grant under which the said Osborne held, was
thereby cancelled.
Your committee, therefore, recommend the passage of the
following resolution:
Resolved by the Senate and House of Representatives of the
State of Georgia in General Assembly met, That the Governor
do issue his warrant in favor of William Osborne, for the
sum of dollars, and that the same be inserted in the
appropriation of this year.
Mr. Stroud, of Walton, laid the following resolution on
the table.
Resolved, That a committee be appointed, consisting of
one from each of the Judicial Circuits of this State, for the
purpose of preparing' and reporting a bill to reorganize the
several Judicial Circuits of this State, and to equalize the
labor of the several Judges.
Mr. Alexander introduced a bill to amend the thirty-third
section of the fourth division of the penal code of this State,
and to define the crime of rape; which was read the first
time.
Mr. Hotchkiss introduced a bill to incorporate the town
of Jacksonborough, in the county of Scriven, and to define
the duties and authority of the commissioners of the same;
■which was read the first time.
Mr. Welborne introduced a bill for the relief of Jesse Ma-
this, tax collector of Union county; which was read the first
time.
Mr. Stewart, of Ware, introduced a bill to amend an act,
to authorize the sheriffs of the counties of Decatur, Thomas,
Lowndes, Ware, and Wayne, to sell the fractions in said,
counties, and for other purposes, passed the 23d December
1839; which was read the first time.
22 4
Mr. Hammond introduced a bill to authorize the Judge of
the Superior Courts of the Ocmulgee circuit, to appoint a
master in equity, for the county of Baldwin; which was
read the first time.
Mr. Murphey, of DeKalb, from the Committee on Privi¬
leges and Elections, made the following report:
. The Committee on Privileges and Elections, to whom was
referred the message from his Excellency the Governor, in
relation to the votes given in on the subject of Annual and
Biennial Sessions of the General Assembly of the State of
Georgia, and for members to Congress, on the first Monday
in October last, in reply to a resolution of this House, have
had the same under consideration, and beg leave to report,
That they have not entered into an exact arithmetical
calculation upon the subject, but have been sufficiently par¬
ticular, in their, opinion, for the purpose of the resolution.
Your committee on examination of the votes given in, in this
State, as shown by the detailed statement from the Execu¬
tive Department,' on the first Monday in October last, for
annual and biennial sessions pf the General Assembly of this
State, amount to only about half the number of votes polled
on the same day, for members to Congress. That there
were some votes given in, in all the counties in this State,
upon the subject of annual and biennial sessions; and that
a majority of those voting upon that subject, voted for bien¬
nial sessions, in all the counties except Baldwin, Chatham,
and Decatur counties, in which the majority was for annual
sessions. Your committee further find that about seven-
eighths of the whole number voting upon that subject, voted
for biennial sessions ; thereby giving to the General Assem¬
bly, in the opinion of your committee, a decided expression
of the will of the people of Georgia, in favor of a change to
biennial sessions. • '
Your committee, therefore, recommend the passage of the
bill, now progressing, for that purpose.
Mr. Millen, from the Select Committee to whom was re¬
ferred the petition of the heirs of George Galphin, submitted
the following, as the report of the majority of said committee.
The Committee to whom was referred the petition of
Anne McKinne, in behalf of herself and the other heirs of
the late George Galphin, of Silver Bluff, in the State of South
Carolina, have had the same under consideration, and now
beg leave, respectfully to report:
That from the proofs which have been submitted to their
consideration, they find the following facts to be satisfacto¬
rily established:—That by the cession of land, now com¬
prehended in the counties of Wilkes and Lincoln, and parts
of Greene and Oglethorpe, under a treaty made at Augusta,
in the year 1773, between the colonial government of Geor-
225
rgia, and the Cherokee and Creek tribes of Indians, certain
persons known and distinguished as Indian traders, acquired
-•an interest in the cededed land; and for the payment of
whose debts the Indians made the cession, and by whom at
the time, releases were given, not only to the Indians but
also to the British crown-That for the purpose of carrying
into effect the treaty, a commission was constituted to sell
the ceded land and liquidate the debts due to the Indian tra¬
ders; and accordingly on the second day of May, 1775, the
claim of the late George Galphin, on the Indians, was duly
liquidated; and a certificate to the amount of £9791,13s. 5d.
was given him:—That in the ensuing year, the revolution¬
ary war began, which in the end destroyed British sover¬
eignty over these States:—That in this contest, George Gal¬
phin espoused the cause of Independence, whilst many of his
associates as Indian traders, remained loyal to the parent
country:—That Galphin has never been paid any part of his
.•claim; whilst his associate traders ©f the latter class, have
been fully indemnified by the British Government:—That
the heirs ©f Galphin have applied to and been refused, by
the British Crown, the payment of their claim, because their
ancestor was an American rebel:—That George Galphin was
an old man during the revolutionary war, and died within
three years after the Independence of his country had been
acknowledged:—That during the war he was a firm friend
-of the States, and gave to them important aid, by the influ¬
ence of his counsel, and control over the neighboring tribes
with which he had traded:—That on the day of No¬
vember, 1793, the Senate of the State fully recognized and
agreed to pay the claim of your petitioner's ancestor:—That
•since which period there has been various and repeated ap¬
plications to the .Legislature ©f this State, but without suc¬
cess:—That in the year 1780, Georgia, with a view of
•strengthening her frontier, and to have the rich and healthy
lands of Wilkes, speedily settled, passed an act with this
provision: " Whereas, certain persons of this and the State of
•South Carolina, and friends to the Independency of the
same, claim that the lands of the county of Wilkes were
originally given up and ceded to the Government of Great
Britain, by the Creek and Cherokee Indians, in satisfaction
and discharge of certain debts and arrears due by said In¬
dians to the said certain persons commonly called Indian
traders.
" Beit therefore enacted, That any person having, or pre¬
tending to have any such claim, do lay their claims before
this or some future House of Assembly, to be examined, and
whatever claims shall he found just and proper, and due to
the friends of America, shall be paid by Treasury certifi¬
cates, payable within two, three, and four years, and carry¬
ing six per cent, interest."—That in the year 1835, when the
22G
treaty with the Cherokees was made, at New Echota, tTifsr-
claim was urged as a moral obligation on the Indians for
payment 5 and they did stipulate lor its payment condition¬
ally. The Senate of the United States, however, refused to
ratify the treaty with the supplemental article in favor of
this claim:—That since that period, the claim has been pre¬
sented to the Congress of the United States, and in a report
made by the committee on Indian affairs r to the Senate, in
March 1837, the following language is held—"As the Gov¬
ernment of the United States acquired no title in the land,
and no power to carry into effect the trust, or in any way to
control the fund, the committee can see no ground on which
they are authorized to recommend its payment."
Thus it appears that Georgia, Great Britain, the Indians,
and the General Government, have all, at different periods,
been applied to, and all refused payment of this claim.—
When so many applications have been so fruitlessly made,
and to so many various tribunals, with the universal admis¬
sion that the claim is just and ought to be paid, your com¬
mittee have looked so far as Georgia is concerned, for the
grounds of her objectionand now beg leave to adopt the
reasoning of the committee of this branch of the General
Assembly in 1.837, so far as it goes.
As to the right obtained by conquest, the committee be¬
lieve that when Georgia acquired sovereignty over the soil
within her territorial: limits, she placed herself in the same
position that was occupied by Great Britain, before the rev¬
olution. She could rightfully claim ownership and property
only in that portion of the soil which was not granted or
unincumbered; for wherever and whenever a private right
in the soil had vested, it would have been an unjustifiable
assumption of power to have divested that right solely on the
ground that it had been derived from a Government lately
hostile and just overthrown. If, for example, Georgia, after
her Independence, with that of her confederates, had been
acknowledged, had assumed the authority, of vacating and
annulling all grants issued by the British Grown, on the
ground that the former had supplanted the latter in the con¬
flict of arms, she would have asserted and exercised a right
wholly at variance with national usage and law. In such
cases, private property, whether of friend or foe, has no
guaranty against the pillage of the conquering party.
But it is not true that war, though it be a state of violence
and of force, is. one of plunder and destruction of private
property. A proposition so broad and unqualified, is not
sustained by principle or the practices of civilized nations.
Certainly no American- citizen justly proud of his national
character, will now admit that that which is aptly termed
the War of Independence, was also one of plunder—in>
227
which patriotism and pillage were the controlling and pri¬
mary motives. But it may be said that the claim of Gal-
phin was not exclusively private property, as it was commin¬
gled with the interest held in these ceded lands by the
crown of Great Britain. Now the claim of Galphin was a
pledge on the ceded lands, and was as absolutely a vested
private right as any other species of property which he held;
and moreover, by the terms of the treaty, was paramount
to any rights of property asserted or held by Great Britain
over these ceded lands, save the expenses in holding the
treaty.
In this view of the subject, it may be proper to enquire
what were really the rights and interest of the crown of
Great Britain, in the ceded lands; for they alone could be
divested and destroyed by the consequences of war. In
the first place, she exercised acts of jurisdiction and sover¬
eignty. In the next, she was entitled to the profits from the
sale of. these lands, after the debts of the Indian traders
were first paid. These, and only these, could beobtaiued
for Georgia, by conquest. She took precisely what Great
Britain lost. In a word, it was only a displacement and
substitution of the sovereign power. And hence, Georgia
has never arrogated to herself the monstrous authority of
annulling grants issued by the British Crown. As a sover¬
eign State, she has always left private property where she
found it. Her acts of confiscation rest on another and dis¬
tinct principle—that of disobedience to her sovereign will.
If, therefore, the State cannot vacate a grant to her soil,
made by the Colonial Government, because it is a vested
private right, it would follow as equally true, that she could
not rightfully destroy a pledge or incumbrance on her soil
which had vested as a private right, and that, too, by the
authority of the British Government. There can exist no
difference in the obligations of duty, in either case. She is
equally bound to respect a right absolutely pledged, as a
right absolutely granted.
But whatever doubts may be entertained as to the right
acquired by conqnest, they, in the opinion of your commit¬
tee, are removed by the act of 1780. At that time, Georgia
was, de facto, independent. She was then exercising the
highest attribute of sovereignty; and would have been guil¬
ty of an extraordinary instance of bad faith, if, whilst she
invited, as she did by her said act, settlers to come and
locate on the rich and healthy lands of Wilkes, she had not
at the same time, given a guaranty to Galphin and others,
that their claims on said lands would be paid, she, as the
act and her,records prove, appropriated to herself these
ceded lands, and allotted them out on military bounties and
otherwise, for the purpose of strengthening her frontier.
In short, the ceded lands were taken for public use under
228
T A +T,nt nrivate claims 011 them would be paid
t ^ • provided the claimants were friendly to the
by the blate , p ^ then colonies were struggling. George
raTr?bin was a patriot Whig, and adhered firmly to the
1 nies throughout their entire and gloomy contest. Proof
this head is abundant and satisfactory. No matter wheth¬
er reference be had to the testimony of cotemporaries, whose
patriotism and services all admit; or no matter whether to
the colonial Legislature of 1780, which attainted him of
high treason against the British Crown; whether to friend
or foe—his character is consistent and the same.
There is another consideration not to be overlooked in
deciding on this claim. On the one hand, Great Britain ex¬
hibits herself exempt from all liability, by virtue of the re¬
lease of the Indian traders; when the treaty was made,
she was deprived by the result of the war, of the land which
was pledged for the payment of this and other claims. Not¬
withstanding this, a number of their traders continued loyal
to her cause, whom she afterwards rewarded in the munifi¬
cence of her bounty and, gratitude. On the other hand
George Galphin aided in the accomplishment of this meas¬
ure. Georgia appropriated the lands to her own use, and
the claim of her friend and patriot, still remains unsettled.
Can it be that a monarchy is more just or grateful than a
republic ?
Connected with this aspect of the case, your committee
would respectfully refer to the opinion advanced by others,
that Great Britain is bound to settle this claim. The reply
to this is obvious, and it will be sufficient to say, that she
holds a release from Galphin—that she has delivered up the
trust-fund to Georgia, and tire same has, or ought to have
been, accepted, subject to all the equitable rights appertaining
to it, or that to Galphin (as she has said), she owes nothing,
save her displeasure for his disloyalty in the revolutionary
conflict. Hence, neither on principles of justice, or grati¬
tude, can the claimants, in the opinion of your committee,
ask or appeal to the British Government for the settlement
of their claim.
Apart from the obligation of Georgia, under the act of
1780, to provide for the payment of these claimants, your
committee are of the opinion, that having possessed herself
of these ceded lands, encumbered with private claims, she
is bound by every principle of equity, to settle them. Or
m other words, the encumbrance of a trust, always follows
and accompanies the use, in the hands of the second or sub¬
sequent taker.
In this View, your committee insists that the United States
she mZ f lrT 10 r?&1d to Geor&a, whatever amoral
she may rightfully pay m the settlement of this claim; or
229
compensate to the extent of the injury inflicted by the use
of the trust-fund, when applied to national purposes.
Whilst, therefore, your committee are clearly of the opin¬
ion that Georgia, as a sovereign State, as well as by her
own assumption, cannot rid herself of the liabilities to dis¬
charge this claim; yet as a very large portion of these lands
enure to the benefit of the United States, they ought as a.
matter of tight, to reimburse her any amount which shall be
paid to these claimants.
From evidence furnished by the State Department, it ap¬
pears that from the year 1783, to 1789, (both inclusive,)
five hundred and ninety-six thousand one hundred and fifty-
four acres of land, at least, were granted by Georgia, on
military bounty warrants to the continental soldiery. The
authority of these grants is founded on the laws of Georgia,
to wit*—The act passed on 17th February, 1783; also, the
'act passed on 22d February, 1785. A reference to these
acts will show that by them, bounties of land were promis¬
ed and given to the soldiers of the revolution; which boun¬
ties were to be located on lands, then not granted, in the
State of Georgia. And furthermore, there was only a small
portion of the lands of. the then colony of Georgia, to which
the Indian title had been extinguished; which was ungrant-
ed, as appears by the message of Governor Wright, to the
colonial Legislature, on 1st March, 1773, in which he says
(in relation to this treaty), "for by the present boundary line,
we are so much confined that there is net ungranted lands
for any additional number of inhabitants of any conse¬
quence." It is obvious from the state of the facts, as well
as from the certificate aforesaid, that these military bounties
in part were located on these ceded lands. Nor can it be
denied that afterwards, in 1785, when another cession of
lands was acquired, by which Georgia was enlarged by two
additional counties, to wit, Washington and Franklin, that
by the same legislation the continental soldiery were also
permitted to locate their bounties on the lands in these
counties.
The next question which arises, is, what compensation
has the Federal Government made to Georgia for lands (in
which are included these ceded lands), allotted to the con¬
tinental soldiery. The answer is readily furnished by the
authenticated statement from the Register's Office, on 23d
February, 1836, in which he says': "The report of the com¬
missioners appointed under the act of the 5th August, 1790,
exhibits in the aggregate, the amount of credits to which
each State was allowed in conformity, to the provisions of
the third and fifth sections of the said act. All the vouchers
•on which the credits of the State of Georgia were founded,
having been lost, it cannot now be definitely ascertained
whether any credit was given or not, for bounties of land
230
granted to the line of that State, on continental establish¬
ments ; and from the record now in this office, of the papers
which had been before- the said commissioners, it does not
appear that any charge was made by the State for bounties,
on land granted as aforesaid."
In relation to the quality of these ceded lands, it is suffi¬
cient to say, that they are, or were, as fertile as any in the
State. That a sale of them, or only otie-tenth part of the
quantity which was allotted to the continental soldiery, at
customary prices, within the last thirty years, would raise a
sum more than sufficient to pay off the claim of Galphin,
as well as similar claims settled by Great Britain with her
loyalists.
Now the ground assumed by your committee, be it re¬
membered, is not that as Georgia acquired jurisdiction and
sovereignty over these ceded lands, that therefore, she be¬
came liable to discharge the private incumbrance. For it
was immaterial as respects their rights, in whom these sov¬
ereign attributes vested; whether in the British Crown or
in this State. But that the trust fund—the thing itself—had
been changed in its use, and diverted to an end other than
that to which it was pledged; and that whosoever enjoyed it,,
could only take it subject to all of its advantages and disa¬
bilities. In fine, it is respectfully insisted, that the use and
enjoyment of the trust-fund, constitute the equitable rule by
which liability attaches. If, for example, the accident of
war had placed in the possession of one of the States, arms
and munitions of war, in which an individual had a vested
interest; and these, or a part thereof, had been applied by
such State, to the promotion of a great national purpose, it
would be equitable and just that indemnity should be grant¬
ed by the nation that received, and not the State which be¬
stowed the benefit. Is not this an analagous case ? Here
land in which Galphm had a vested interest, was taken and
used by Georgia, as a means of carrying on the war of the
United States; Georgia not alone, but the United States,,
reaped the benefit. It is true that Georgia was a party to
the war; but she was only a confederate, and as such, she
ought to take her share of the burthen,- and no more.
If, however, the Federal Government should refuse to-
pay for that which may be considered as in part, the means
of her national existence and the price of her liberty, we
shall then behold the mortifying spectacle of a popular Gov¬
ernment using and enjoying private property without ade¬
quate compensation, and granting bounties to her living vet¬
erans, and withholding satisfaction to the just claims of her
departed patriots. Your committee will not indulge in such
gloomy forebodings, but recommend for adoption the fol¬
lowing. resolutions
'231
Resolved-by the Senate and House of Representatives of the State
•f Georgia, in General Assembly met, and it is hereby enacted by
the authority of the same_, That his Excellency the Governor,
is hereby authorized, and required to issue to the legal rep¬
resentative, or representatives of George Galphin, deceased,
State certificates or scrip, for the sum of nine thousand sev¬
en hundred and ninety-one pounds, fifteen shillings and five
pence, sterling money; and said amount shall be divided
into ten equal instalments, payable annually, with interest,
on the same, at the rate of six per centum per annum, from
the seventh day of November, in the year of our Lord seven¬
teen hundred and ninety-three, in compliance with an act
for the more speedy and effectual settling and strengthening
©f this State, passed 22d January, A. D. 1780.
Mr. Rodgers offered the following, as the report of the
minority of the committee ; and offers the same as a substi¬
tute for the report of the majority, to wit.:
The undersigned, one of the special committee to whom
was referred the claim of the heirs and legatees of George
Galphin, has had the same under consideration, and asks
leave to report, that he has seen nothing to convince him
that the State of Georgia is in any way bound to pay the
claim of the legatees of George Galphin, or any part thereof.
JAS. H. RODGERS.
Both of which were read, and on motion, made the special
order for Friday next.
Leave of absence was granted to Mr. Boothe, for mfew
days, on special business.
Mr. Chipley, from the select committee to whom was re¬
ferred the petition of William McBride, submitted the fol¬
lowing report-:
The select committee to whom was referred 'the petition
of William McBride, praying compensation for damage sus¬
tained in consequence of the State road from Columbus to
St. Marys, having been laid out and opened through the
most valuable part of his plantation, have had the same un¬
der consideration, and beg leave to report—
That by an act of the General Assembly, approved De¬
cember 26th, -1831, certain commissioners were appointed
and authorized "to survey and lay out a public market road
upon the most direct and eligible route from the town of
Columbus, on the Chattahoochee river, to the city of St.
Marys, in Camden county." It will appear by an examina¬
tion of the accompanying certificate of one of the commis¬
sioners, and an affidavit of five citizens of Muscogee, that
the commissioners found it necessary in the formation of the
duties assigned them by the General Assembly, to pass
through the most valuable part of the petitioner's plantation,
232
id- the greacl damage of the said McBri'de; which d'am&gcr
is estimated by five respectable individuals of known and
aknowledged integrity, at the sum of six hundred and twen¬
ty-six dollars and twenty-five cents. Believing that the
State ought to deprive no individual citizen, however humble
his situation, of his property for public use, without ample
compensation for the'same, your committee think the prayer
of the petitioner for compensation, reasonable and just,- and
ought to be granted; and therefore recommend the adoption
of the following resolution: •
Resolved, That the sum of four hundred dollars be paid
to William McBride, and that the same be provided for in
the general appropriation bill.
Mr. Crawford* of Richmond, presented the petition of"
sundry citizens of Burke county, praying the repeal of all
laws which prohibit the placing fish traps in Briar and Buck-
head creeks, in said county; which was referred to the com¬
mittee on petitions, without being read.
. Mr. 'Keaton introduced a bill to point out and punish cer¬
tain frauds therein specified; and to render null and void
such conveyances or transfers as may be thereby obtained *
which was read the first time.
Also^-A bill to compel persons who reside without the
limits of this State, and who own, or may hereafter owh, a
plantation and slaves,, in any of the counties of this State* to
give in and pay taxes for the' same, in the county where the
same are situate * which was read the first time.
The bill from-the Senate "to organize a new judicial cir¬
cuit, to be called the Southwestern District, and' to appoint-
the times of holding the Superior and Inferior Courts in said-
district," was read the second time and referred to the com¬
mittee of the whole House-, and made the special order of
the day for to-morrow.
The House took up the report on the bill' for tbe relief
and benefit of Edmund McC'ubbins, praying for a lease of
the State's interest in lot of land, ffe. 55, in the fifth district
of Troup county, during his natural life; and agreed thereto,
The bill was read the third -time and passed.
Also—the report on tbe bill to amend an act to admit cer¬
tain deeds, mortgages, and bills of sale to be proven and to1
admit them, or their copies, in evidence in the courts of law
and equity in this State ; and agreed, thereto.
The bill was read the third time and lost.
The House took up the report of the committee of the
whole, on the hill to authorize the issue of State bonds, by
the commissioners of the Western and Atlantic Rail Road,
to create a revenue to pay the interest on the bonds of this'
State, and gradually to pay the principal thereof.
Mr. Hardeman moved to postpone the report indefinitely?
which was decided in the affirmative*
233
"Whereupon, the' yeaS and nays were required to he re¬
corded, and are yeas 139, nays 23.
Those who voted in the affirmative, are Messrs.
Moultrie,
Mulkey,
Murphey of DeKalb
Nash,
Ran- Nixoti,
O'Neal,
Alexander, Hardage,
Anderson of Frank-Hardeman,
lin, Hardman,
Anderson of WarrenHardy,
Barclay, Harrison
Beavers, dolph,
Bell, Harris,
Bentley, Hatcher,
Bigham, Hendry,
Bojmton, Hibbert,
Brown of Fayette, Hines,
Brown of Houston, Hitchcock,
Bryan of Houston, Hubbard,
Bryarfof W ayne, Hudgins,
of
Burt,
Carlton,
Cannon,
Covenab,
Chandler,
Chapman,
Chester,
Chipley,
Cooke,
Craft,
Hudson,
Hunter,
Osborne,
Palmer,
Parks,
Pettee,
Pitts,
Preston,
Price,
Rea,
Read,
Reeves,
Johnson of Appling,Reynolds,
Johnson of Heard, Rhodes,
Johnson of Troup, Roberts,
Jones of Columbia, Robertson of Co-
Jones of F ranklin,
Jones of Harris,
Jones of Monroe,
Keaton,
Crawford of Ogle- King,
thorpe, Law son,
Crutchlield, Lee,
Cutright, Lihder,
Daniel of Greene, Long,
Daniel of Thomas, Lowe,
Darden of Troup, Lpyall,
Dark,
Davenport,
Dawson,
Delauney,
Dodson,
Ellis,
Emanuel,
Erwin,
Espy,
Evans,
Franks,
Green of Forsyth,
Green of Pike,
Hall,
Hammond,
Lynch,
Mann of Tattnall,
Martin of Gwinnett, Tarver,
lumbia,
Robinson of Jasper,
Rodgers,
Sanders,
Sanford,
Sermons,
Shaw,
Sheffield,
Smith,
Stuart of Ware,
Stroud of Clark,
Stroud of Walton,
Sumner,
Maxwell,
May of Warren,
McDuffie,
McGahagan,
McMath,
Taylor,
Thomas,
Thompson,
Toombs,
Towles,
McMillen of JacksonTrayler,
McMillian of
Thomas,
Meadows,
Mitchell,
Moon,
Moore,
Wales,
Warren,
Welborney
West,
White of Jasper
White of Pike,
234
Whitworth, Williams of Harris, Wilson,
Williams of BullochWilliams of Talbot, Wingfield.
Those who voted in the negative, are Messrs.
Anderson of Chat- Green of Macon, Murphey of Wil-
ham, Hampton, kinson,
Atkinson, Hotchkiss, Richardson,
Brown of Bibb, Howard, Shropshire,
Carroll, Liddle, Stone,
Collier, Mays of Cobb, Tanner,
Crawford of Rich- Millen, Waldhour,
mond, Morris of Cobb, Webb.
Ford of Cherokee, Morris of Murray,
The House took up the report on the bill touching election
precincts, in the county of Bibb; which was, on motion,
postponed for further consideration.
Also—the report on the bill to authorize the corporation
of the city of Macon, to lease to Martin L. Hardin and his
associates, that part of the Macon reserve, known as Napier's
Old Field; which together with the accompanying petitions,
was referred to a select committee, consisting of Messrs.
Brown of Bibb, Howard, Osborne, Anderson of Chatham,
and Johnson of Troup.
Also—-the report on the bill to make William W. Ellison,
the adopted son of James Ellison, of Bibb county, and to
made him capable of inheriting, as heir at law to the said
James Ellison; and agreed thereto.
The bill was read the third time and passed.
The House went into a Committee of the Whole, Mr.
Hardage in the Chair, on the bill to appropriate a sum of
money for the payment of the claim of Arthur Stotesbury;
and having spent some time therein, the Speaker resumed
the Chair; and Mr. Hardage from the committee, reported
the same without amendment.
The House took up the report, and the same being amend¬
ed,, agreed thereto.
The bill was read the third time, and passed.
Also—the report on the bill to compel all persons who
are not citizens of the counties of Dooly, Scriven, and Early,
but who own plantations or negroes in said counties, to pay
tax for such property in said counties of Dooly, Scriven,
or Early; and agreed thereto.
The bill was read the third time and lost.
Whereupon, the yeas and nays were required to be re¬
corded, and are yeas 30, nays 131.
Those who voted in the affirmative, are Messrs.
Brown, of Houston, Crawford of Rich- Greene of Macon,
Bryan, of Houston, mond, Hampton,
Cannon, Farnall, Harrison of Rand'ph.
235
Hendry, Liddle, Pettee,
Hibbert, Maxwell, Pitman,
Hitchcock, McCall, Sermons,
Hotchkiss, McDuflie, Sheffield,
Hudgins, McMath, Welborne,
Jones of Monroe, Moultrie, West,
Keaton, Osborne, Wilson.
Lee,
Those who voted in the negative, are Messrs.
Alexander, Dawson, May of Warren,
Anderson of Chat- Dodson, McCrimmon,
ham, Ellis, McGahagan,
Anderson of Frank- Erwin, McMillen of Jackson
lin. Espy* McMillian of
Anderson of War- Evans, Thomas,
ren,
Ashley,
Atkinson,
Barclay,
Beavers,
Bell,
Bentley,
Bigham,
Boynton,
Brown of Bibb,
Brown of Fayette,
Bryan of Wayne,
Carlton,
Carroll,
Covenah,
Chandler,
Chapman,
Chester,
Chipley,
Collier,
Cooke,
Craft,
Crawford of Ogle¬
thorpe,
Crutchfield,
Cutright,
Daniel of Greene,
Flournoy of Mus- Millen,
cogee, Mitchell,
Ford of Cherokee,
F ranks,
Green of Forsyth,
Green of Pike,
Hall,
Hammond,
Hardage,
Hardeman,
Hardman,
Hardy,
Harris,
H atcher,
Hines,
Howard,
Hubbard,
Hudson,
Hunter,
Moon,
Moore,
Morris of Cobb,
Morris of Murray,
Mulkey,
Murphey of Wilkin¬
son,
Nash,
Nixon,
O'Neal,
Palmer,
Parks,
Preston,
Price,
Pryor,
Rea,
Read,
Johnson of Appling, Reeves,
Johnson of Heard, Reynolds,
Johnson of Troup,
Jones of Franklin,
Jones of Harris,
King,
Lawson,
Linder,
Daniel of Thomas, Lowe,
Darden of Troup, Loyall,
Darden of Warren, Lynch,
Dark, Mann of Tattnall,
Davenport,
Davis,
Rhodes,
Richardson,
Roberts,
Robinson of Jasper,
Rodgers,
Sanders,
Sanford,
Sapp,
Shaw,
Shropshire,
Smith,
Martin of Morgan,
Martin of Gwinnett, Stuart of Ware,
Mays of Cobb, Stone,
236
Stroud of Clark, Thompson, Warren,^
Stroud of Walton, Toombs, White ot Jasper,
Sumner, Towles, White of Pike,
Tanner, Trayler, Whitworth,
Tarver, Turner, Williams of Bullooh
Taylor, Waldhour, Williams of Harris.
Thomas,
Also-—the report on the bill to apportion the representa¬
tion of Glynn county, according to the census taken in the
year 1840, by the Deputy Marshal of the United States; and
agreed thereto.
The bill was read the third time, and on the question,
shall this bill now pass ? the yeas and nays were ordered
to be recorded, and are yeas 132, nays.26.
Those who voted in the affirmative, are Messrs.
Alexander, Dark,
Anderson of Frank- Davenport,
lin, Davis,
Anderson ofWarrenDelauney,
Ashley, Dodson,
Barclay, Emanuel,
Beavers, Erwin,
Bell, Espy,
Bentley, Evans,
Bigham, Farnall,
Boynton, Flournoy of Mus-
Brown of Bibb, cogee,
Brown of Houston, Franks,
Bryan of Houston, Greene of Macon,
Bryan of Wayne, Green of Pike,
Jones of Columbia,
Jones of Franklin,
Jones of Harris,
Jones, of Monroe,
Keaton,
King,
Burt,
Carlton,
Cannon,
Carroll,
Covenah,
Chandler,
Chapman,
Chipley,
Collier,
Cooke,
Craft,
Crawford of Ogle¬
thorpe,
Crutchfield,
Cutright,
Daniel of Greene,
Daniel of Thomas,
Darden of Troup,
Hall,
Hammond,
Hampton,
Hardeman,
Hardman,
Hardy,
Harrison of Ran¬
dolph,
Harris,
Hatcher,
Hendry,
Hines,
Hitchcock,
Howard,
Hubbard,
Hudgins,
Hudson,
Johnson of Appling
Lawson,
Lee,
Liddle,
Kinder,
Long,
Lowe,
Loyall,
Lynch,
Mann, of Tattnall,
Martin of Morgan,
Martin of Gwinnett,
Maxwell,
McCall,
McCrimmon,
McDuffie,
McGahagan,
McMath,
McMillian of
Thomas,
Meadows,
Moon,
Moore,
Morris of Cobb,
Mulkey,
Murphey of DeKalb
Murphey of Wilkin-
, son,
Darden of Warren, Johnson of Troup, O'Neal,
237
Osborne,
Richardson,
Waldhour,
Parks,
Sanford,
Wales,
Pettee,
Sapp,
Welborne,
Pitman,
Sermons,
West,
Preston,
Sheffield,
White of Jasper,
Price,
Stuartpf Ware,
White of Pike,
Pryor,
Stone,
Stroud of Clark,
Whitworth,
Rea,
Williams of Bulloch,
Read,
Stroud of Walton,
Williams of Harris,
Reeves,
Taylor,
Thomas,
Williams of Talbot,
Reynolds,
Wilson,
Rhodes,
Toombs,
Wingfield.
Those who voted in the negative, are
Messrs.
Anderson, of Chat- McMillen of Jack-
Robinson, of J asper,
ham,
son,
Mitchell,
Rodgers,
Atkinson,
Sanders,
Brown, of Fayette, Moultrie,
Shropshire,
Ford of Cherokee, Nixon,
Smith,
Hardage,
Hibbert,
Palmer,
Sumner,
Pitts,
T anner,
Hotchkiss,
Roberts,
Thompson,
Hunter,
Robertson, of Co-Towles,
Mays, of Cobb,
lumbia,
Webb.
So the bill was passed.
The House took up the report of the committee of the
whole, on the bill to alter and amend an act, to alter and
amend the several judiciary acts in force in this State, so
far as relates to Justices' Courts ; and agreed thereto.
The bill was read the third time, and lost.
Also—the report on the bill to hold liable the assets of
banks in certain cases, to the payment of their debts ; and
agreed thereto.
The bill was read the third time, and on the question,
Shall this bill now pass ? the yeas and nays were ordered
to be recorded, and are yeas 63, nays 110.
Those who voted in the affirmative, are Messrs.
Anderson of Frank- Crutchfield, Hardage,
lin, Dark, Harris,
Barclay, Dawson, Hendry,
Beavers, Ellis, Hibbert,
Brown of Fayette, Erwin, Hotchkiss,
Carlton, Espy, Hudgins,
Cannon, Farnall, Hunter,
Carroll, Ford of Cherokee, Johnson of Appling,
Covenah, Gathright, Jones of Franklin,.
Chandler, Green of Forsyth, Keaton,
Collier, Green of Pike, Lawson,
238
Lee, Pitman,
Martin of Gwinnett, Pitts,
Mays of Cobb, Price,
McDuffie, Read,
McMillen of JacksonReeves,
Mitchell, Roberts,
Stroud of Walton,
Sumner,
Tanner,
Thompson,
Towles,
Wales,
Moon, Robinson, of Jasper, Webb,
Moultrie, Sanders, Welborne,
Nixon, Sanford, White of Pike,
Palmer, Smith, Wilson.
Pettee,
Those who voted in the negative, are Messrs.
Alexander, Franks, McMillian of
Anderson of Chat- Greene of Macon, Thomas,
ham, Hall,
Anderson of War- Hammond,
ren, Hampton,
Atkinson, Hardeman,
Bell, Hardman,
Bentley, Hardy,
Bigham, Harrison of
Black, dolph,
Brown of Bibb, Hatcher,
Brown of Houston, Hines,
Bryan of Houston, Hitchcock,
Bryan of Wayne, Howard,
Burt, Hubbard,
Chapman, Hudson,
C he ster, John sonv of He ard,
Chipley, Johnson of Troup,
Cooke, Jones of Columbia, Rhodes,
Craft, Jones of Harris, Richardson,
Crawford of Ogle- Jones of Monroe,
thorpe, King,
Crawford of Rich- Lefils,
mond, Liddle,
Cutright, Linder,
Daniel of Greene, Long,
Daniel of Thomas, Lowe,
Darden of Troup, Loyall,
Darden of Warren, Lynch,
Meadows,
Millen,
Moore,
Morris of Cobb,
Mulkey,
Murphey of DeKalb
Ran- Murphey of Wilk¬
inson,
Nash,
O'Neal,
Osborne,
Parks,
Preston,
Pryor,
Rea,
Reynolds,
Davenport,
Davis,
Delauney,
Dodson,
Emanuel,
Evans,
Flournoy of Mus¬
cogee,
Mann of Tattnall,
Martin of Morgan,
Maxwell,
May of Warren,
McCall,
McCrimmon,
McGahagan,
McMath,
Robertson of Co¬
lumbia,
Rodgers,
Sapp,
Sermons,
Shaw,
Sheffield,
Shropshire,
Stone,
Stroud of Clark,
Tarver,
T aylor,
Thomas,
Toombs,
Trayler,
Turner,
Waldhour,
239
Warren* Whitfield, WilKams of Talbot*
West, Whitworth, Wingfield.
White of Jasper, Williams, of Harris,
The following message was received from the Senate, by
Mr. Bailey, their Secretary.
Mr. Speaker: The Senate has- passed the following bills,
to wit:
A bill to prescribe the duties of Attorneys at Law, in
entering up judgments, and the duties of Clerks and Sheriffs,
in relation to executions.
A bill authorising the Sheriffs of Lincoln County, to in¬
sert their advertisements in one of the newspapers published
in the city of Augusta, or in any newspapers published
within the Northern Judicial Circuit.
A bill to make deaf and dumb persons idiots in law, so
far as to authorise the appointment of guardians in certain
cases.
A bill to admit tax collector's deeds in evidence, in certain
cases therein named.
Mr. Toombs, upon the suspension of the rule, introduced
a bill to repeal an act, entitled an act, to incorporate the
Bank of Barien, passed the 15th day of December, 1818;
and also, an act, entitled an act, to extend the charter of the
Bank of Darien, and the acts now in force amendatory
thereto, passed the 19th December, 1834, and to provide for
the settlement of the affairs of said bank ; which was read
the first time.
Mr. Robertson, of Columbia, asked and obtained leave of
absence, for a few days, after to day, on account of indispo-
position in his family.
The House then adjourned until 3 o'clock, this afternoon.
Theee o'clock, P. M.-
The House met pursuant to adjournment.
On motion of Mr. Rodgors,
The order was suspended, for the purpose of taking up
the bill of Senate, to alter the 3d, 7th, and 12th sections of
the first and second article of the 3d section, and third arti¬
cle, and the 15th section and fourth article of the Constitu¬
tion of this State; which was made the special order of the
day, for to-morrow.
240
The House took up, and. agreed to the report, on the bill
to incorporate Beach Spring Academy, in the county of
Harris, and to appoint trustees for the same.
The bill was read the third time, and passed.
The House took up the report on the bill to incorporate
the village of Houston, in the county of Heard, and to make
permanent, the precinct at said place ; and agreed thereto.
The bill was read the third time, and passed.
Also—the report on the bill to provide for the payment of
those teachers", who have taught under the provision of the
poor school law, and are yet unpaid.
Which was postponed for further consideration.
Also—the report on the bill to repeal the proviso of the
second section of an act, entitled an act, to consolidate the
offices of tax collleqtors and tax receivers, in the several
counties therein named, assented to, December 25th, 1837,
so far as the same relates to the county of Lumpkin.
The report was .agreed to ; the bill read the third time,
and passed.
Also—the report on the bill to authorise the Justices of the
Inferior Court of the county of Randolph, to use the taxes
collected for the year 1841, for the purpose of building a
court-house in said county, and to authorise the Justices to
levy an extra tax for the year 1841, not exceeding one hun¬
dred per cent; and agreed thereto.
The. bill was read the third time, and lost.
Also—the report on the bill to emancipate James, a negro
slave ; and disagreed thereto.
Also—the report on the bill to amend the charter of the
city of Macon, so far as respects the time of holding charter
elections of said city; and agreed thereto.
The bill was read the third time, and passed.
Also—the report on the bill to repeal so much of an act,
to authorise the Justices of the Inferior Courts of the several
counties in this State, to create and lay out any new dis¬
tricts, or change and alter the lines of those already laid out,
assented to, 23d December, 1839, so far as relates to the
county of Cherokee; and agreed thereto.
The bill was read the third time, and passed.
Also—the report on the bill to extend the corporate limits
of the town of Bainbridge ; and agreed thereto.
The bill was read the third time, and passed.
Also—the report on the bill to incorporate Bainbridge
Female Academy, in the county of Decatur; and agreed
thereto.
The bill was read the third time, and passed.
The House went into committee of the whole, Mr. Wil¬
liams, of Harris, in the Chair, on the bill to appropriate a
241
sum of money to repair and put in good order the old fed¬
eral road, commencing on the eastern side of Daniel's Moun¬
tain, and terminating at the Coosawattee River, and to ap¬
point commissioners to carry the same into effect: And
having spent some time thereon, the Speaker resumed the
Chair, and Mr. Williams, from the committee, reported the
bill without amendment; the House took up the report, and
agreed thereto.
The bill was read the third time, and lost.
On motion of Mr. Crawford, of Richmond,
The order was suspended, for the purpose of taking up
the following resolution; which was read, and agreed to.
Resolved, That both branches of the General Assembly
will adjourn, sine die, on Saturday, the 19th day of Decem¬
ber, instant.
Mr. Crawford, of Richmond, offered the following resolu¬
tion ; which was read, and agreed to.
Resolved, That the petition of sundry citizens, of Burke
County, praying the repeal of an act, relative to the obstruc¬
tion to the free passage of fish, in the water-courses of
said county, be withdrawn from the Committee on Petitions,
and referred to a special committee.
The Speaker appointed Messrs. Crawford, of Richmond,
Evans, and Jones, of Columbia.
The House took up the report on the bill to authorise the
Governor to furnish the Georgia Guards, of Harris County,
with seventy stand of swords and pistols, for the use of the
same ; and agreed thereto.
The bill was read the third time, and lost.
Also the report on the bill to compel the commissioners "on ,
the road from Dahlonega, in Lumpkin County, by way of
Elijay, in Gilmer County, to the federal road in Murray
County, and to compel them to make settlement with John
J. Dickerson, George Brack, and Henry Wykel—and also
to define the mode of making such settlement; and agreed
thereto.
The bill was read the third time, and passed.
Also—the report on the bill to lay out and form a new
county, from the counties of Henry, Pike, Fayette, and
Butts.
Which was, on motion, indefinitely postponed.
Also—the report on the bill to refund to Solomon Jen¬
nings, the amount of his expenditures for the apprehension
and delivery of David Patton, a fugitive from justice, to the
authorities of this State—and to authorise the Governor to
draw his warrant, &c.; which was postponed for the pres¬
ent.
Also—the report on the bill to change the place of hold¬
ing the elections, from the House of R. A. Hall, to the
16
242
house of Robert Carsons, in the county Talbot; which was
postponed for the present.
Also the report on the bill to incorporate an institution
for the promotion of christian knowledge and general educa¬
tion, to be called the Georgia Episcopal Institute and Christ
College, at Montpelier, in the county of Monroe; which
was postponed for the present.
The House took up the report on the bill to point out and
regulate the manner of taking testimony by commissioners,
in certain cases.
The bill Was read the third time, and passed under the
title thereof.
Also—the report on the bill more fully to define the fees
of Sheriffs, Coroners, and Constables, in this State, in cer¬
tain cases.
The bill was read the third time, and lost.
The following communication was received from his Ex¬
cellency, the Governor, by Mr. Home, his Secretary.
Executive Department, >
Milledgeville, 7th Dec. 1840. )
I have the honor to communicate herewith to the General
Assembly, the copy of a letter from the Governor of Vir¬
ginia, giving the result of the correspondence between him¬
self and the Governor of New York, respecting certain
fugitives from justice, protected by the latter, and asking,
in compliance with a resolution of the Legislature of his
State, the co-operation of Georgia, in any necessary and
proper measure of redress, which Virginia may be forced to
adopt in relation thereto.
The nature of this controversy was made known to you,
in documents heretofore presented for your consideration,
together with the extraordinary grounds assumed by the
Governor of New York, for his refusal to deliver criminals
against the laws of Virginia which had taken refuge in his
State. It seems from the letter now presented to you, that
that high public functionary adheres to his purpose, and per¬
sists in his refusal to obey the mandate of the laws passed
in pursuance of the Constitution. He makes the nature of
the offence the basis of his objection, claiming the arrogant
right, to determine what shall be the objects of property in
other States entitled to the protection of the laws.
It was well understood at the organization of the Govern¬
ment, that there was one species of property, not common to
all the States. The Constitution of the United States had a
special regard to this state of things, and wisely provided
for the protection of the rights of the people of those States
holding a peculiar property, placing them beyond the reach
of the domestic policy of any of the other members of the
343
confederacy. With this object it was provided, that no per¬
son held to service or labor in one State under the laws
thereof, escaping into another, should, in consequence of any
law or regulation therein, be discharged from such service or
labor.
Under this clause -of the constitution, the slave who es¬
capes from his owner, and succeeds in getting into a State
where slavery is not tolerated, acquires no rights under its
laws. His condition follows him,-and is determined by the
laws of the State whence he fled. He must be delivered up
as property, on claim of the party to whom he belongs., If
the authorities of the General Government, or of the State
where he is found, are bound, in determining his condition,
to respect the laws of the State whence he escaped, and
pronounce him to be property, and deliver him up accord¬
ingly, how can it be pretended, that the thief who has stolen
a slave, and escaped into another State, shall be protected
there, because the institution of slavery is not known to its
laws ? If slavery is to be recognised for one of these pur¬
poses, it must be for the other. But on this subject it is
useless to argue. The spirit of fanaticism has charmed to
rest the voice of reason and the Constitution—and popular
phrensy has destroyed the force of the strongest official obli¬
gation.
The position assumed by the Governor of New York,
which, it seems, he cannot be induced to abandon, assures
the people of the other States, that he will not, as the agent
of the Government, nor as the Executive officer of his own
State, execute the laws of the land. The Executive of every
other State has the same right to exercise a discretion, and
refuse his aid in giving effect to the Constitution and Laws.
A grave question then presents itself: By what means is
that clause of the Constitution of the United States, which
relates to the delivery of fugitives from justice, to be exe¬
cuted ? It is important to the safety of society, that it should
be carried out in good faith. It is essential to the protection
of private rights, that it should be. The public peace and
general happiness require that the means to be employed
for this purpose, should be such as will prevent angry col¬
lision between the States. It cannot be left to the States
themselves, as experience has proven in more instances
than one, that this is a fruitless reliance. If this was a mat¬
ter to be referred to the comity of States, it were an useless
provision in the Constitution. But the wise framers of that
instrument saw the necessity, from the free intercouse be¬
tween the people of the States, the citizens, of each State
being entitled to all privileges and immunities of citizens of
the several States, of affording the means of effectual pro¬
tection to the States themselves, the persons and property of
their citizens respectively, by requiring the delivery of per-
244
sons accused of treason, felony, or other crime, who should!
flee from the jurisdiction in which the offence was com¬
mitted, and be' found in another State.
Does this constitutional provision constitute a treaty be¬
tween the States ; is it recommendatory only to the States;
or does it impose an obligation on the General Government,,
or the States ? It cannot be a treaty. The States, by the
adoption of the Federal Constitution, surrendered the power
of enforcing treaties. They cannot grant letters of marque
and reprisal, nor engage in war, unless actually invaded, or
in such imminent danger thereof, as will not admit of delay.
A treaty creates an obligation on the parties to it; and if
either refuses to perform it, the other has a right to appeal to
arms to enforce it. There is no other ultimate resort be¬
tween nations, where one proves contumaceous, and refuses
to fulfil its solemn treaty stipulations. This cannot be done
by the States, without breaking over the barriers of the
Constitution, and exercising prohibited powers.
It cannot be recommendatory only to the States. The
language employed, forbids this construction. Besides, a
matter so important to the security of the people, and the
harmonious intercouse between the States, could not have
been referred to the uncontrollable option of the States.
Does it impose an obligation on the States ? This inter¬
pretation cannot be sustained, without going beyond the
terms used in the Constitution. It must be by the exercise
of implied powers only, that the requirement can be made
of a State, to deliver up a fugitive from justice who has
escaped from another State. The act of 1793, and not the
Constitution, requires the Executive officers of the several
States, to execute this provision of the Constitution; and
the authority for this enactment, might, with some propriety,
be questioned. Judicial tribunals, of the highest respecta¬
bility, have decided that Congress cannot require of State
functionaries, the execution of any of the powers of the
Federal Government.
Does it impose an obligation on the Government of the
United States I Unquestionably. The Constitution created
a Government, of limited powers, to be sure, but one pos¬
sessing Executive, Legislative and Judicial authority, to be
exercised independently of the States, and ample to carry
into effect all powers vested therein. All newly created
powers and obligations, unless otherwise expressed, must
be exercised and performed by the Government brought into
existence by the Constitution. Unless their execution is im¬
posed in terms on the States, they cannot be required to per¬
form them. The obligation to deliver fugitives from justice,
indiscriminately and unconditionally, is unknown to the law of
nations, did not rest upon the States as absolute sovereign¬
ties, and is created by the Constitution, and its performance
■245
as not "by that instrument placed on the States. Hence it Is,
that the States have the right to require the Government to
perform this important duty. Congress, at an early period
of our national history, passed a law' to carry into effect this
provision of the Constitution $ but it was unfortunate in con¬
fiding its execution to agents not amenable to its authority.
It has its justification, however, in the confidence of Con¬
gress, that the high officers to whom this trust was com¬
mitted, would not be deterred from its execution, by popular
excitement, or other cause. Having been disappointed in
this expection, it becomes its duty to require its performance,
by agents subject to its control. The States should demand
•it; and if the Government should refuse so to amend the
act of Congress, as to secure the peace of the States, by the
faithful execution of the Constitution, they will not be ac¬
countable for the consequences.
If it should, however, be considered, that the Constitution
imposes on the States, and not on the General Government,
the obligation to deliver fugitives from justice, it is clear,
that, in 'case of refusal, there is no authority to coerce a per¬
formance. The State, whose laws have been violated by an
absconding felon, and whose authorities are insulted by a
refusal to deliver him up, must submit to the injury, or throw
off the Constitution, and take into her own hands the re¬
dress of her wrong. The responsibility of so melancholy
•a resort must rest upon those who refuse to execute the laws.
-No State will submit to a wicked aggression on the rights of
her people, for the purpose of reaching her peculiar institu¬
tions, by those whose duty it is, not only to abstain from
deliberate injury to her, but to support amicable relations, by
carrying ©ut the peaceful provisions of the Constitution with
the same fraternal spirit in which they were framed and
adopted.
You will see that the State of Virginia does not propose
■to adopt hastily, any measure which would prevent a calm
Investigation of the subject, and manifests a disposition to
cxh aust argument and friendly discustion, before she resorts
to-remedies which may affect the peace and union of the
Confederacy. Her magnanimous example is worthy of
Imitation-—and in whatever policy she may be forced t®
pursue, in enforcing constitutional rights so unquestionable,
she., no doubt, will have your co-operation.
charles j. Mcdonald.
The following bills were taken up and severally read the
•second time, and referred -to a committee of the whole
House.
A bill to authorise the Clerk of the Inferior Court of the
county of Clark, to advertise estra.ys, in ■ one of the public
.gazettes published in Athens, -&c.
24S
A bill amendatory to an act, approved the 8th of Decem¬
ber, 1810, relative to the several tax laws of this State.
A bill to add a part of Newton County, to Jasper County;
also, to transfer certain suits- from the county of Jasper, to
the county of Newton.
A bill to authorise the Inferior Court of Jasper County to-
levy an extra tax on the citizens of said county, for" the
erection of a court-house in said county.
A bill to compensate those persons who may be compelled
to attend the Superior Courts of this State, as witnesses on
behalf of the State, &c.
A bill to appropriate the surplus common school fund of
Campbell County,, to county purposes, &e.
A bill to lay out and form a new county, out of the coun¬
ties of Cass and Murray.
A bill to. repeal an act consolidating the- offices of collec¬
tor and receiver of tax returns of Gwinnett County.
A bill to authorise the trustees of Stewart County Acad¬
emy, to raise by lottery a certain sum of money for said
Academy, and to appoint managers for the same.
A bill to define and make certain, the line dividing the
counties of Hancock and Taliaferro, &c.
A bill for aiding the Southern Botanico Medical College,.
. in this State.
A bill to- alter and change the name of James Riley Bry¬
ant, of Pulaski County, to that of James Riley Dykes, and
to legitimatze the same.
A bill to change the name of John Thomas Richardson,
of Stewart County, to that of John Thomas Smith.
A bill to repeal a part of an act, entitled an act, to com¬
pensate the grand and petit jurors of the Superior and Infe¬
rior Courts of the several counties therein named, and to
provide for the payment of the same, assented to, 23d De¬
cember, 1837.
A bill to amend the road laws of Camden County.
A bill for the relief of William W. Stanford.
A bill for the relief of Thomas Blancet, of Bibb County.
A bill to authorise Thomas R. Huson and Company, to
erect a bridge across the river Etowah, in the county of:
Cass, and to charge and collect toll at the same.
A bill to authorise Joseph Willson, of Cass County, to
establish a toll bridge across the Oostenauly River on his
own land,, to fix the rate of toll on the same, and to erect a
mill-dam on said River.
The House then adjourned until 9 o'clock, to-morrow
morning.
247
TUESDAY, December 8, 1S40.
Mr. Hardeman moved to reconsider so much of the Jour¬
nal of yesterday as relates to the indefinite postponement of
the bill to authorise the issue of State Bonds by the Com¬
missioners of the Western and Atlantic Rail Road, to create
a revenue to pay the interest on the Bonds of this State, and
gradually to pay the principal thereof—
Whereupon, the yeas and nays were required to be re¬
corded, and are, yeas 98—nays 63.
-nays 63.
Those who voted in the affirmative, are Messrs.
Alexander, Flournoy of Musc'geMoore,
Anderson of Chat- Ford of Cherokee,, Morris of Cobb,
ham, Greene of Macon,
Anderson of Frank- Hagerman,
lin, Hammond,
Anderson ofWarrenHampton,
Atkinson, Hardeman,
Barclay, Hardy,
Beavers, Hibbert,
Bentley, Hitchcock,
Bethea, Hotchkiss,
Bigham, Howard,
Boynton, Hubbard,
Brown, of Bibb, Hudgins,
Brown, of Fayette, Hudson,
Brown of Houston, Johnson of Heard,
Bryan of Houston, Johnson of Troup,
Carlton, Jones of Columbia, Shaw,
Covenah, Jones of Franklin, Shropshire,
Chester, Jones of Harris,
Collier, Jones, of Monroe,
Crawford, of Ogle-King,'
thorpe, Lawson,
Crawford, of Rich- Lefils,
mond, Liddle,
Daniel of Greene, Long,
Darden of Warren, Lynch,
Davenport, Martin of Morgan,
Davis, Martin, ofG winnett, W ales,
Dixon of Walker, Maxwell, Warren,
Dodson, Mays of Cobb,
Ellis, . McMath,
Emanuel, McMiUian of
Erwin, Thomas,
Flournoy, of Wash- Meadows,
ington, Millen,
Morris of Murray,
Moultrie,
Murphey ofDeKal'b
JNash,
O'Neal,
Osborne,
Palmer,
Pitts,
Preston,
Pryor,
Read,
Rhodes,
Richardson,
Rodger s,
Sapp,
Smith,
Stiles,
Stone,
Stroud of Clark,
Tanner,
Thomas,
Toombs,
Towles,
Waldhour,
Welborne,
West,
White, of Jasper,
Williams of TalboL
248
Those who voted in the negative, are Messrs.
Hendry, Price,
Hines, Rea,
Johnson of Appling, Reeves,
Reynolds,
Roberts,
Robinson, of Jasper,
Sanders,
Sanford,
Bryan, of Wayne
Burt,
Cannon,
Chandler, Keaton,
Chapman, Lee,
Crutchfield, Linder,
Cutright, Lowe,
Daniel of Thomas, Loyall,
Darden of Troup,
Dawson,
Delauney,
Espy,
F arnall,
Fitzpatrick,
F ranks,
Green of Forsyth,
Green, of Pike,
Hall,
Hardage,
Hardman,
Harris,
Hatcher,
Sermons,
Sheffield,
Stuart of Ware,
Stroud of Walton.
Taylor,
Thompson,
Mann of Tattnall,
McComb,
McCrimmon,
McGahagan,
McMillen of Jack- Sumner,
son, Tarver,
Mitchell,
Moon,
Murphey of Wilkin- Turner,
son, Webb,
Neal, White, of Pike,
Nixon, Williams of Harris,
Parks, Wilson.
Pettee,
So the motion prevailed.
Mr. Hotchkiss moved to reconsider so much of the Journal
of yesterday as relates to the passage of the bill to apportion
the representation of Glynn county according to the census
taken in the year A. D. 1840, by the Deputy Marshal of the
United States—■
Whereupon, the yeas and nays were required to be re¬
corded, and are, yeas 82, nays 86.
Those who voted
Anderson, of Chat¬
ham,
Anderson of Frank¬
lin,
Atkinson,
Barclay,
Beavers,
Bed,
Brown, of Fayette,
Carlton,
Cannon,
Carroll,
Chandler,
Collier,
Crawford of Rich¬
mond,
in the affirmative,
Crutchfield,
Dark,
Dawson,
Dixon of Walker,
Ellis,
Erwin,
Espy,
F arnall,
Fitzpatrick,
Ford of Cherokee,
Gathright,
Green, of Forsyth,
Green of Pike,
Hall,
Hammond,
Hardage,
are Messrs.
Harrison of Ran¬
dolph,
Hatcher,
Hendry,
Hibbert,
Hotchkiss,
Hudgins,
Johnson of Appling
Jones of Franklin,
Keaton,
Lawson,
Lee,
Lefils,
Liddle,
Lynch,
Mays of Cobb,
249
McCoffib, Pettee,
McGahagan, Pitts,
McMillen of Jack- Price,
son, Read,
Millen, Roberts,
Stroud of Walton,
Sumner,
Tanner,
Tarver,
Thompson,
Mitchell, Robinson of Jasper, Towles,
Moon, Rodgers, Turner,
Morris, of Murray, Sanders, Webb,
Moultrie, Sanford, Welborne,
Murphey,of Wilkin- Sheffield, White of Pike,
son, Shropshire, Williams of Bulloch,
Neal, ■ Smith, Wilson.
Nixon, Stewart of Mcintosh
Palmer, Stone,
Those who voted in the negative, are Messrs.
O'Neal,
Alexander, Franks,
Anderson of Warren Green of Macon,
Ashley, Hampton,
Bentley, Hardeman,
Bethea, Hardman,
Bigham, Hardy,
Boynton, Hines,
Brown, of Houston, Hitchcock,
Bryan of Wayne, Hubbard,
Burt, Hudson,
Covenah, Johnson of Heard, Richardson,
Chapman, Johnson, of Troup, Sapp,
Chester, Jones of Columbia, Sermons,
Crawford of Ogle- Jones, of Harris, Shaw,
thorpe, Jones, of Monroe,
Cutright, King,
Daniel, of Greene, Linder,
Daniel, of Thomas, Lowe,
Darden, of Troup, Mann of Tattnall,
Darden of Warren, Martin of Gwinnett, Trayler,
Davenport, Maxwell, Waldhour,
Davis, May, of Warren,
Delauney, McCall,
Dodson, McMath,
Emanuel, McMillian, of
Evans, Thomas,
Flournoy of Musco- Meadows,
gee, Moore,
Flournoy of Wash- Mulkey,
ington, Nash,
So the House refused to reconsider.
Mr. Stiles on the part of the minority of the committee to
whom were referred the duty of enquiring into the situation
Osborne,
Parks,
Pitman,
Preston,
Pryor,
Rea,
Reeves,
Reynolds,
Rhodes,
Stuart of Ware,
Stroud of Clark,
Taylor,
Thomas,
Toombs,
Wales.
Warren,
West,
White of Jasper,
Whitworth,
Williams, of Talbot,
Wingfield.
250
and management of the Central Bank, and into the expedi¬
ency of repealing its charter, and who do not altogether ac¬
cord with the report already submitted by the Chairman of
that committee, beg leave respectfully to present their views
in the following
REPORT.
The resolution under which this committee was appointed
embraces three objects.—1st, an enquiry into the situation of
the Central Bank;—2d, the management of that institution;
and in the third place, the expediency of repealing its char¬
ter.
The situation of the institution is exposed in the report of
its President and Cashier to his Excellency the Governor,
bearing date on the second day of November eighteen hun¬
dred and forty, and which report this committee believe to
be correct.
As to' its management—with a view to the repeal of its
charter, your committee are of opinion that the test is not a
correct one, as improper management should no more con¬
demn a good system, than proper management be allowed to
commend a bad one.
Opposed to the system upon principle, we have not inves¬
tigated the management of the Bank with that scrutiny
which, with other feelings, we should consider more impera¬
tive. But from our examination, we find the acts of the
present Directors sustained either by Legislative action, or
the precedents of former boards, until a reverse of circum¬
stances, from its former prosperous situation, with an over¬
flowing Treasury, an absence of debt, and a currency at par
throughout the State, occasioned the passage of the extraor¬
dinary act of 1839, and rendered another course of action
imperative upon the part of its Directors.
This committee agree with the former report in regretting
exceedingly that the two hundred thousand dollars balance
due on the debt to the Phoenix Bank in New York, has not yet
been paid. It was, in the opinion of this committee, a claim
which demanded the earliest attention of the Directors ; and
although they think that it was injudicious in the board not
to have devoted to that object the proceeds of the sale of the
stocks owned by the State in the Savannah and Augusta
Banks, yet they will not charge the board with wantonly
sacrificing the gooth faith and honor of the State—since as
admitted in the former report, "the difficulty consisted in
converting the credits of the Central Bank into moneyor
in other words, their inability to meet their engagements,
arose from the fact of the depreciation of their currency,
which depreciation was the natural consequence of its extend¬
ed circulation, produced by legislative action—an evil great¬
ly increased by the passage of the act of the twenty-first
251
December, 1839, authorising, and the distress of the coun¬
try seeming to require a farther increase of irredeemable is¬
sues, as in proportion to the excess in issues is always the
depreciation in value.
This committee, although they think as already stated, the
Directors of the Central Bank made an injudicious appro¬
priation of the State Stocks in the Savannah and Augusta
Banks, yet cannot unite in pronouncing upon them censure
for not refusing to receive their own issues, the inevitable
result of which would have been farther to depreciate the
currency, and to degrade the good faith and honor of the
State.
This committee would respectfully recommend that the
two hundred thousand dollars of stock yet owned by the
State in the Bank of the State of Georgia, and the eighty-
five thousand dollars in the Bank of Augusta, or so much as
will be sufficient (inclusive of the funds already provided for
the purpose) be disposed of immediately after due notice
given, at not less than par, at public auction in the cities of
Savannah and Augusta, and the proceeeds thereof be appro¬
priated to the extinguishment of the debt of two hundred
thousand still due to the Phoenix Bank in New York, and
also to the payment of the twenty-two thousand dollars in¬
terest upon the State Bonds held in London, which arrive
at maturity in that city on the first day of March 1841—and
that the remainder of said stock, after providing for the semi¬
annual interest of twenty-two thousand dollars, which falls
due on the London Bonds on the first of September 1841,,
that the balance be applied to the redemption of the circula¬
tion of the Central Bank.
Your committee find now in the vaults of the Central Bank
eighty-eight thousand four hundred and 47 dollars of the bills
of the Bank of Darien, which do not now answer any of the
purposes of Money. This Bank we fear will not be able to-
resume the payment of its liabilities in specie at the time de¬
signated by the bill passed by this House for the resumption
of specie payments by the several joint stock banking com¬
panies of the State. We can imagine no good reason how¬
ever, either upon principle or policy, why this Bank should
be' exempted from the operation of a general law upon this
subject, nor can we on the other hand, deem it just to make
it the subject of a legislative infliction at an earlier period
than the rest of the suspended Banks of the State. We
would therefore recommend that upon the failure of this (Da¬
rien) Bank to comply with the terms of the bill requiring a
resumption of specie payments on the first day of February
1841, (in the event of its becoming a law) that then in the
exercise of the express right of the State, its charter be deem¬
ed and considered repealed, and the institution placed into
252
the hands of Commissioners, and its affairs brought to a
■close "with as little delay as possible.
This committee do not approve of and cannot concur in
the tone which characterizes the former report—believing as
they do, that every report should have for its object rather the
elucidation of truth than the indulgence of feeling; and that
its purposes would be subserved rather by an unvarnished
statement of facts, than the employment of unestablished
censure—agreeing with the celebrated Burke, that the "rev-
enue is the State in modern timesand being in principle
adverse to any connection between Government and Banks,
are of course not the -advocates of the Central Bank. Op¬
posed as we are to that " principle which asserts that the
people should rely on the Government for pecuniary relief,"
we cannot be expected to uphold the system upon which this
institution was originally based; and by no means can we
allow the sanctity of legislative precedent to incline us to its
toleration, now that the causes "which spoke it into being"
have ceased to exist; and when time has shown that what¬
soever benefit its operations may have afforded individuals,
it has been of decided injury to the finances and the credit
cf the State.
This committee therefore do not only accord with the for¬
mer report in suggesting the propriety of the passage of a
bill to repeal the act of 21st December, 1839, but as such a
bill would fall far short of accomplishing the avowed object
of that report, this committee would recommend that in
said bill be also embraced the repeal of the act of 29th De¬
cember 1838, by which the charter of that institution is con¬
tinued and extended until the first day of May 1850.
And your committee moreover recommend that such far¬
ther legislation be had upon the subject, as will most effectu¬
ally protect the bill-holders from loss by the depreciation
■of the bills of said Bank now in circulation, and relieve
the State from the imputation of having violated her good
faith and integrity to her citizens.
(Signed) WILLIAM II STILES.
WILLIAM S. WHITFIELD.
Which on motion, was taken up, read, and 210 copies or¬
dered to be printed for the use of the House.
Joseph Whigham Esq. a member elect from the county of
Macon, attended, produced his credentials, and having taken
the oath to support the constitution of the State and the con¬
stitution of the United States-—took his seat.
The House took up the special order, being the report on
the bill to extend the time for taking out grants for lands in
the counties of originally Early, Irwin, and Appling, and to
provide for the disposition of the same if not granted within
the time extended.
253
Sir. Reynolds offered the following additional section, to
wit:
"And be it further enacted, That from and immediately af¬
ter the passage of this act, any person applying to take out
any grant under the first section of this act, in the above de¬
scribed counties, shall take an oath that he is the proper
owner of said lot, or the lawful agent of the owner thereof,
and shall produce a power of attorney from the owner of
said lot, properly attested."
And on receiving the same, the yeas and nays were re¬
quired to be recorded, and are Yeas 100—Nays 68.
Those who voted in the affirmative, are Messrs.
Alexander, Flournoy of Wash- Morris, of Cobb,
Anderson of Chat'm. mgton,
Anderson of Frank- Gathright,
lin, Hampton,
Anderson ofWarrenHardeman,
Hardman,
Hardy,
Hibbert,
Hubbard,
Hudson,
Johnson of Appling, Rhodes,
Johnson of Heard, Richardson
Johnson of Troup, Sanford,
Jones of Columbia, Sermons,
Atkinson,
Barclay,
Bell,
Bentley,
Bethea,
Bigham,
Boynton,
Brown of Bibb,
Brown of Houston
Bryan of Wayne,
Burt,
C ovenah,
Chapman,
Chipley,
Cooke,
Craft,
Crawford of Ogle- Loyall,
thorpe, _ Lynch,
Crawford of Rich'mMann, of Tattnall,
Cutright, Martin, of Morgan, Wales,
Daniel, of Greene, Maxwell, Warren,
Darden of Warren, May of Warren,
Murphey of DeKalb
Nash,
O'Neal,
Osborne,
Pitts,
Preston,
Read,
Reeves,
Reynolds,
Jones of Harris,
Jones of Monroe,
King,
Liddle,
Linder,
Long,
Lowe,
Shaw,
Shropshire,
Stiles,
Stone,
Taylor,
Thomas,
Toombs,
Towles,
Turner,
Waldhour,
Dark,
Davenport,
Davis,
Delauney,
Dodson,
Evans,
Flournoy of Mus¬
cogee,
McCall,
McCrimmon,
McGahagan,
McMillian, of
Thomas,
Meadows,
Millen,
Moore,
Welborne,
West,
Whigham, of Ma¬
con,
White of Jasper,
Whitfield,
Whitworth,
Williams of Harris,
W illiams of T alb ot.
Those who voted in the negative, are Messrs.
Beavers,
Carlton,
Cannon,
254
Carroll,
Chandler,
Chester,
Collier,
Crutchfield,
Daniel of Thomas,
Dawson,
Dixon, of Walker,
Ellis,
Erwin,
Earnall,
Fitzpatrick
Ford of Cherokee,
Franks,
Green of Forsyth,
Green, of Pike,
Hagerman,
Hall,
Hardage,
Harrison of Rand'h,
Harris,
Hatcher,
Hendry,
Hines,
Howard,
Hudgins,
Hunter,
Parks,
Pettee,
Pitman,
Price,
Prvor,
Jones, of Franklin, Roberts,
Keaton, Robinson of Jasper,
Lawson, Rodgers,
Lee, Sanders,
Martin, of Gwinnett, Sapp,
Mays, of Cobb, Sheffield,
McDuffie, Smith,
McMath, Stewart of Mcintosh
McMillenof JacksonStroud of Clark,
Mitchell, Stroud of Walton,
Moon, Sumner,
Morris of Murray, Tanner,
Murphey of Wilkin- Tarver,
son, Webb,
Neal, White of Pike,
Nixon, Williams of Bulloch
Palmer, Wilson.
So the House agreed to receive the same as an additional
section.
The report was amended and agreed to, the bill read the
third time, and. on the question, shall this bill now pass ? the
yeas and nays were required to be recorded, and are Yeas
116—Nays 52.
Those who voted in the affirmative, are Messrs.
Anderson, of Chat- Cooke, Flournoy of Wash-
Crawford, of Ogle- ington,
ham,
Anderson of Warren thorpe ,
Ford of Cherokee,
Ashley,
Atkinson,
Bell,
'Bentley,
Bethea,
Bigham,
Boynton,
Brown, of Bibb,
Bryan, of Wayne,
Burt,
Covenah,
Chandler,
Chapman,
Chester,
Chipley,
Collier,
Crawford of Rich'd Gathright.,
Daniel of Greene, Greene of Macon,
Daniel of Thomas, Hagerman,
Darden of Troup, Hampton,
Darden of Warren, Hardeman,
Dark,
Davenport,
Davis,
Dawson,
Delauney,
Dodson,
Emanuel,
Erwin,
Evans,
F araall,
Fitzpatrick,
Hardman,
Hardy,
Harris,
Hendry,
Hibbert,
Hines,
Hotchkiss,
Hubbard,
Hudson,
Hunter,
Johnson of Troup,
255
Jones of Columbia,
Jones of Harris,
Jones of Monroe,
Moore, Stone,
Morris, of Cobb, Stroud, of Clark,
Moultrie, Tanner,
Mulkey, Tarver,
Murphey of DeKalbTaylor,
King,
Liddle,
Long, O'Neal,
Loyall, Osborne,
Lynch, Parks,
Mann of Tattnall, Pitman,
Martin of Morgan, Pitts,
Maxwell, Pryor,
May, of Warren, Rea,
McCall, Reeves,
McCrimmon, Reynolds,
McDuffie, Rhodes,
McGahagan, Richardson,
McMath, Sermons,
McMillian of Tho's. Shaw, *
Meadows, Shropshire,
Millen, Stuart of Ware,
Moon, Stiles,
Those who voted in the negative, are Messrs.
Alexander, Harrison of Ran- Nixon,
Anderson, of Frank- dolph, Palmer,
Thomas,
Toombs,
Towles,
Trayler,
Turner,
Waldhour,
Wales,
Warren,
Welborne,
West,
Whigham of Macon,
White of Jasper,
Whitworth,
Williams of Bulloch,
Williams of Harris,
lin,
Barclay,
Beavers,
Carlton,
Cannon,
Carroll,
Crutchfield,
Cutrigbt,
Dixon of Walker,
Lllis,
Flournoy, of Mus
cogee,
Franks,
Green of Forsyth,
Green, of Pike,
Hall,
Hardage,
Hatcher, Pettee,
Hudgins, Preston,
Johnson of Appling,Price,
Jones of Franklin, Read,
Keaton, Roberts,
Lawson, Robinson, of Jasper,
Lee, Rodgers,
Lefils, Sheffield,
Linder, Smith,
Lowe, Stewart of Mcintosh
Martin of Gwinnett, Stroud, of Walton,
Mays, of Cobb, Sumner,
McMillen of JacksonThompson,
Mitchell, Webb,
Murphey, of Wil- White of Pike,
kinson, Wilson.
Neal,
So the bill passed.
The following message was received from the Senate by
Mr. Bailey, their Secretary:
Mr. Speaker: The Senate, has passed the following bills,
to wit:
A bill to be entitled an act to amend an act passed on the
23d December, 1839, to alter and change the site of the pub¬
lic buildings of the county of Dooly to some point more cen¬
tral, and to make permanent the same, and to compensate
256
the owners of town property in the town of Drayton, the
present site of the public buildings, and for other purposes.
A bill to alter and amend the several acts in relation to
attachments and bail process.
The Senate has also passed the bill of the House of Rep-'
resentatives to establish a general system of Education by
common schools, assented to 26th December, 1837; also, an
act to amend an act to establish a general system of Educa¬
tion by common schools, assented to 29th December, 1838,
and to change the common school fund in the State of Geor¬
gia to a poor school fund, and to provide for distributing the
sairie.
The House took up the special order, being the report on
the bill of the Senate to create and organize a new Judicial
Circuit, to be called the South Western Circuit, and to ap¬
point the times of holding the Superior and Inferior courts
in said circuit.
Mr. Toombs offered a substitute, which was accepted.
The report was agreed to, and the bill was read the third
time and passed.
On the passage of the bill, the yeas and nays were requir¬
ed to be recorded, and are Yeas 115—Nays 61.
Those who voted in the affirmative, are Messrs.
Alexander, Daniel of Thomas, Hardy,
Anderson of WarrenDarden of Troup, Harrison of Rand'ph
Ashley, Darden of Warren, Hatcher,
Atkinson, Dark, Hines,
Bentley, Davenport, Hitchcock,
Bethea, Davis, Hubbard,
Bigham, Delauney, Hudson,
Boynton, Dixon of Walker, Johnson of Appling,
Brown of Bibb, Dodson, Johnson of Heard,
Brown of Houston, Ellis, Johnson of Troup,
Bryan, of Houston, Emanuel, Jones of Columbia,
Bryan, of Wayne, Evans, . Jones of Harris,
Burt, Flournoy of Musco- Jones of Monroe,
Covenah, gee, Keaton,
Chapman, Flournoy of Wash- King,
Chester, ington, Liddle,
Chipley, Franks, Linder,
Craft, Greene of Macon, Long,
Crawford of Ogle- Hagerman, Lowe,
thorpe, ^ Hall, Lynch,
Crawford of Rich- Hammond, Mann, of Tattnall,
mond, Hampton, Martin, of Morgan,
Cutright, Hardeman, Martin of Gwinnett,
Daniel of Greene, Hardman, Maxwell,
257
May, of Warren,
McCall,
McComb,
McCrimmon,
McGahagan,
McMath,
McMillian, of Tlio'
Meadows,
Moore,
Morris, of-Cobb,
Mulkey,
Murphey of De¬
kalb,
Nash,
O'Neal,.
/Osborne,
Parks,
Pitts,
Preston,
Pryor,
Pea,
Reeves,
s,Rhodes,
Richardson,
Sapp,
Sermons,
Shaw,
Taylor,
Thomas,
Toombs,
Trayler,
Waldhour,
Wales,
Walker,
Warren,
West,
Whigham of Macon,
White of Jasper*.
Stewart, of MclntoshWhitfield,
Stuart, of Ware, Whitworth,
Stiles, Williams of Harris,
Stone, Williams of Talbot,
Stroud of Clark,
Wingfield.
Those who voted in the negative, are Messrs.
Anderson of Frank- Harris, Price,
Hendry, Reynolds,
lin,
Barclay, Hibbert,
Beavers, Howard,
Bell, Hudgins,
Brown, of Fayette, Hunter,
Carlton,
Canaon,
Chandler,
Collier,
Cooke,
Crutchfield,
Dawson,
Erwin,
Espy,
F arnall,
Fitzpatrick,
Ford, of Cherokee, Neal,
Gathright, Nixon,
Green of Forsyth, Palmer,
Hardage, Pettee,
Roberts,
Robinson, of Jasper,
Rodgers,
Sanford,
Jones of Franklin, Sheffield,
Lawson, Shropshire",
Lee, Smith,
Loyall, Stroud, of Walton,
Mays of Cobb, Sumner,
McDuffie, Tanner,
McMillen of Jackson Tarver,
Mitchell, Thompson,
Moon, Towles,
Murphey of Wil- Turner,
Jcinson, Webb,
Welborne,
White of Pike,
Williams,ofBullochs
Wilson.
The order was suspended and Mr. Shaw introduced a bill
to authorise Stith H. Ingram to establish a Ferry across Lit¬
tle river on his own land, and to fix rates for toll for the same,
which was read the first time.
The House took up the special order, being the engrossed
bill of Senate " to alter the 3d, 7th and 12th sections of the
first and second articles of the 3d section and 3d article, and
the 15th section and 4th article of the Constitution of this
Statethe bill was read the; third time, and on the ques-
17
2S&
ti'on shall this bill now pass ? the yeas and nays were re¬
quired to be recorded, and are Yeas 160—Nays 19.
Those who voted in the affirmative, are Messrs.
Alexander, Fitzpatrick, Maxwell,
Anderson, of Frank-Flournoy, of Wash- Mays, of Cobb,
lin,
mgton,
May of Warren,
Anderson of War- Ford of Cherokee, McCall,
ren,
Ashley,
Atkinson,
Barclay,
Beavers,
Bell,
Bentley,
Boynton,
Brown, of Fayette,,Hardeman
Brown of Houston, Hardman*
Bryan of Wayne, Hardy,
Burt,
Franks,
Gathright,
Green of Forsyth,
Green, of Pike,
Hagerman,
Hall,
Hampton,
Hardage,
McCrimmon,
McDuffie,
McGahagan,
McMath,
McMillen of Jac kson
Meadows,
Millen,
Mitchell,
Moon,
Moore,
Morris of Cobb,
Harrison, of Ran- Morris, of Murray,
Carlton, dolph,
Gannon, Harris,
Carroll, Hatcher*
Covenah, Hendry,
Chandler, Hibbert,
Chapman, Hitchcock,.
Collier, Hotchkiss,
Craft, Howard,
Crawford, of Ogle- Hubbard,
thorpe, Hudgins,
Crawford, of Rich- Hunter,
mond, Johnson of Appling, Pitman*
Cutright, Johnson of Heard,- Pitts,
Daniel*of Green, Johnson, of Troup, Preston,-
Daniel of Thomas, Jones, of Columbia.Price,
Darden, of Troup, Jones, of Franklin* Pryor*
Moultrie,
Mulkey,
Murphey of DeKall>
Nash,
Neal,
Nixon,
O'Neal,
Osborne,-
Palmer-,
Parks,,
Pettee,
Darden, of Warren, Jones, of Harris,
Dark,
Davenport,
Davis,
Dawson,
Delauney,
Dixon, of Walker*
Dodson,
Ellis,
Emanuel,
Erwin,
Espy,
lEvans,
Farnall,
Jones, of Monroe*-
Keaton,
Lawson*
Lee,
Lefils,.
Linder,
Long,
Lowe*
Loyally
Lynch*
Mann* of Tattnall*
Martin, of Morgan, Shropshire*-
Martin of Gwinnett, Smith,
Read,
Reeves,
Reynolds*
Rhodes,
Richardson,
Roberts,,
Robinson, of Jasper,
Rodgers,
Sanford,
Sermons,
Shaw,
Sheffield,
259
Stewart of MclntoshToombs,
Stone, Towles,
Stroud, of Clark, Trayler,
Stroud of Walton, Turner,
Sumner, Waldhour,
Tanner, Wales,
Tarver, Warren,
Taylor, Webb,
Thompson, Welborne,
Those who voted in the negative, are Messrs.
Anderson ofChat'm.Flournoy, of Mus- McMillian of Tho's.
cogee, Murphey of Wilkin-
West,
Whigham of Macon,
White of Pike,
Whitworth,
Williams of Bulloch
Williams of Harris,
Williams, of Talbot,
Wilson,
Wingfield.
Bethea,
Bigha-m, Hammond,
Bryan of Houston, Hines,
Chester, Hudson,
Cooke,
Crutchfield,
King,
McComb,
son,
Rea,
Sapp,
Stuart, of Ware,
Thomas.
There being a Constitutional majority, the bill passed.
The House took up the Report on the bill amendatory to
an act relative to the several tax laws of this State, approved
8th December 1810, and agreed thereto; the bill was read
the third time and passed.
The House took up the report on the bill to authorise the
Clerk of the Inferior court of the county of Clark, to adver¬
tise estrays in one of the Gazettes published in Athens—and
agreed thereto ;■ the bill was read the third time and passed.
The House took up the report on the bill to appropriate
the surplus common school fund of the county of Campbell,
to county purposes of said county, and agreed thereto; the
bill was read the third time and lost.
The following message was received from his Excellency
the Governor, by Mr. Glascock, his Secretary, to wit:
Executive Department, >
Milledgeville, 8th Dec'r. 1840. )
I lay before the Legislature the report of the Commis¬
sioners of the Road leading from Elijay in Gilmer county,
across the Cohutta mountain to Murray county, in which se¬
rious charges are preferred against a part of the former com¬
missioners.
I also submit an account current from John Rellett, one of
the former commissioners, received at the same time, but
unaccompanied by vouchers.
To secure the faithful application of funds appropriated
to objects of general utility, public agents should be held to
a strict accountability.
charles j. Mcdonald.
260
Which on motion, was taken np, read and referred to the
committee on Internal Improvements.
The House took up the report of the committee of the
whole, on the bill to repeal an act entitled an act to add a
part of Newton county to Jasper county, assented to 22d
December, 1834, and. also to transfer certain suits from the
county of Jasper to the county of Newton—which was made
the special order of the day for Saturday next.
Also, the report on the bill to authorise the Inferior court of
Jasper county to levy an extra tax on the citizens of said
county, to enable said Court to pay for the erection of a
Court House in said county—and agreed thereto ; the bill
was read the third time and passed.
, Also, the report on the bill to repeal an act entitled an act
to compensate persons who may be compelled to attend the
Superior courts of this State as witnesses in behalf of the
State, in counties other than where such person or persons
may reside, and agreed thereto; the bill was read the third
time and passed.
The House took up the report on the bill to lay out and
form a new county out of the counties of Cass and Murray,
which, on motion, was-postponed indefinitely:
Whereupon the yeas and nays were required to be record¬
ed, and are Yeas 126—Nays 43.
Those who voted in the affirmative, are Messrs.
Alexander, Crawford of Ogle-
Anderson of Frank, thorpe,
Anderson of WarrenCrawford, of Rich-
Ashley,
Atkinson,
Barclay,
Beavers,
Bell,
Bentley,
Bethea,
Bigham,
Boynton,
Brown of Bibb,
mond,
Cutright,
Daniel of Greene,
Daniel of Thomas,
Darden of Troup,
Darden, of Warren
Dark,
Davenport,
Delauney,
Dodson,
Brown of Houston, Emanuel,
Bryan of Houston, Espy,
Bryan of Wayne, Evans,
Burt,
Carroll,
Carswell,
Covenah,
Chapman,
Chester,
Cooke,
Craft,
Fitzpatrick,
Flournoy, of Mus¬
cogee,
Flournoy of Wash¬
ington,
F ranks,
Greene of Macon,
Green, of Pike,
Hagerman,
Hall,
Hampton,
Hardage,
Hardeman,
Harclman,
Hardy,
Harrison of Ran-
, dolph,
Hatcher,
Hendry,
Hitchcock,
Hotchkiss,
Howard,
Hudson,
Johnson of Appling,
Johnson of Heard,
Johnson of Troup,
Jones of Columbia,
Jones of Franklin,
Jones of Harris,
Jones of Monroe,
Keaton,
King,
261
Lawson,
.Lee,
Linder,
Lowe,
Loyall,
Lynch,
Mann of T attnall,
Moultrie,
Mulkey,
Neal,
O'Neal,
Parks,
Pitman,
Preston,
Martin of Morgan, Re a,
Martin of Gwinnett, Read,
Maxwell,
McCall,
McCrimmon,
McGahagan,
McMath,
MeMillian of
Thomas,
Mitchell,
Moon,
Moore,
Reeves,
Reynolds,
Rhodes,
Richardson,
Robinson, of Jasper,West,
Stroud of Clark,
■Sumner,
Tarver,
Taylor,
Thomas,
Thompson,
Toombs,
Trayler,
Turner,
Waldhour,
Wales,
Warren,
Welborne,
Rodgers,
Shaw,
Sheffield,
Stuart, of Ware,
Stiles,
Morris, of Murray, Stone,
Whigham of Macon,
White of Jasper,
White of Pike,
Whitfield,
Willliams of Harris,
Wilson.
Those who voted in the negative are Messrs.
Carlton, Ilibbert, Pettee,
Cannon, Hudgins, Pitts,
Chandler, Hunter, Price,
Collier, Lefils, Pryor,
Crutchfield, Liddle, Roberts,
Davis, Mays, of Cobb, Sanford,
Dawson, McDuffie, Shropshire,
Dixon, of Walker, McMillen, of Jack-Smith,
son, Stewart, of Mcintosh
Morris of Cobb, Stroud, of Walton,
Murphey of DeKalb, Tanner,
Nash, Webb,
Nixon, Whitworth,
Osborne, Williams of Bulloch.
Palmer,
Ellis,
Erwin,
F arnall,
Ford of Cherokee
Gathright,
Green of Forsyth,
Harris,
The House then adjourned to 3 o'clock, this afternoon.
Three o'clock, P. M.
The House met according to adjournment.
The House took up the report on the bill to repeal an act
consolidating the offices of Collector and Receiver of Tax
returns of Gwinnett county, and agreed thereto; the bill was
read the third time and passed.
Also, the report on the bill to repeal a part of an act enti-
262
tied an act to compensate the Grand and Petit Jurors of tire
Superior and Inferior courts of the several counties therein
named, and to provide for the payment of the same, assent¬
ed to the 23d December 1837—and agreed thereto ; the bill
was read the third time and passed.
Also, the report on the bill to authorise Joseph Wilson of
Cass county, to establish a Toll Bridge across the Oostanaula
river on his own land, to fix the rate of toll on the same, and
to erect a mill-dam on said river—and agreed thereto ; the
bill was read the third time and passed.
Also, the report on the bill to authorise the Trustees of
Stewart county Academy to raise by lottery, a certain sum
of money for the benefit of said Academy, and to appoint
managers, for the same; which was postponed for further
consideration.
Also, the report on the bill to amend the Road laws of the
county of Camden; also, to establish a ferry across the
Great Satilla river, and for other purposes, assented to De¬
cember 23d, 1839—which on motion, was postponed for fur¬
ther consideration.
Also, the report on the bill for the relief of William W.
Standford, which on motion, was postponed for further con¬
sideration.
Also, the report on the bill for the relief of Thomas Blan-
cet of Bibb county, and disagreed thereto.
Also, the report on the bill to amend the Road Laws of
Camden county, and to establish a ferry across the Great
Satilla river, and for other 'purposes, and agreed thereto;
the bill was read the third time and passed.
Also, the report on the bill to authorise Thomas R. Huson
and company, to erect a Bridge across the Etowah river in
the county of Cass, and to charge and collect toll at the same ;
and agreed thereto; the bill was read the third time and pas¬
sed.
Also, the report on the bill to alter and change the name
of James Riley Bryant of Pulaski county, to that of James
Riley Dykes, and to legitimatize the same, and agreed there¬
to ; the bill was read the third time and passed.
Also, the report on the bill to change the name of John
Thomas Richardson of Stewart county, to that of John Tho's
Smith, and agreed thereto; the bill was read the third time
and passed.
The House took up the bill to define and make certain the
line dividing the counties of Hancock and Taliaferro, which
on motion, was postponed for further consideration.
The House went into committee of the whole, Mr. Hard-
man in the chair, on the bill to aid the Southern Botanico
Medical College in this State, and having spent some time
therein, the Speaker resumed the chair, and Mr. Hardman
263
"from the committee reported the bill without amendment5
the House took up the report and disagreed thereto.
The House took up the report-on the bill more effectually
to/prevent the issuing and circulating of bills, notes, &e.
under -the denomination of five dollars, which on motion, was
postponed indefinitely: '
Whereupon the yeas and nays were required to be record¬
ed, and are Yeas 104—Nays 69.
Those who voted in the affirmative, are Messrs.
Anderson, of Chat- Flournoy, of Mus- Meadows,
ham, cogee, Morris, of Cobb,
Anderson, of War- Flournoy, of Wash- Mulkey,
ren, ington, Murp'hey, of Wil-
Ashley, Franks, kinson,
Bell, Greene, of Macon, Nash,
Bentley,
Bethea,
Bigham,
Boynton,
Brown, of Bibb,
Hagerman,
Hampton,
Hardeman,
Hardman,
Hardy,
Brown, of Houston, Hatcher,
Bryan, of Houston, Hines,
Osborne,
Barks,
Pitman,
Preston,
Rea,
Reynolds,
Rhodes,
Richardson,
Sapp,
Sermons,
•Shaw,
Sheffield, .
Burt, Hitchcock,
Carroll, Hotchkiss,
Covenah, Howard,
Chapman, Hubbard,
Chester, Hudson,
Chipley, Johnson, of Heard, Shropshire,
Cooke, Johnson, of Troup, Stuart, of Ware,
Craft, Jones, of Harris, Stiles,
Crawford, of Ogle-Keaton, Stroud, of Clark,
thorpe, Liddle, Taylor,
Crawford, of Rich-Long, Thomas,
mond, Lowe, Toombs,
Cutright, ■ Loyal!, Trayler,
Daniel, of Greene, Lynch, Waldhour,
Daniel, of Thomas,Mann, of Tattnall, Wales,
Darden, of Troup, Martin, of Morgan, Warren,
Harden of Warren, Martin, of Gwinnett, West,
Davenport,
Davis,
Delauney,
Dodson,
Emanuel,
Erwin,
Espy,
Evans,
Maxwell,
May, of Warren,
McCall,
McCrimmon,
McGahagan,
McMath,
McMillian, of
Thomas.
Whigham of Macon,
White, of Jasper,
Whitworth,
Williams, of Harris,
Williams, of Talbot,
Wingfield.
264-
Those who voted in the negative, are Messrs*-
Anderson, of Frank-Hendry, .Pettee,
lin, Hibbert, Pitts,
Atkinson, Hudgins, Price,
Barclay, Hunter,. Read,
Beavers, Johnson, of Appling,Reeves,
Bryan, of Wayne, Jones, of Franklin, Roberts,
Carlton, Jones, of Monroe, Robinson, of Jaspe rr
Cannon, King, Rodgers,
Chandler, Lawson, Sanford,
Collier, Lee, Smith,
Crutchfield, Linder, Stewart,of Mcintosh
Dark, Mays, of Cobb, Stroud, of Walton,
Dawson, McDuffie, Sumner,
Ellis, McMillen, of Jack-Tanner,
Fitzpatrick, son, Tarver,
Ford, of Cherokee, Mitchell, Thompson,
Gathright, Moon, Towles,
Green, of Forsyth, Morris, of Murray, Turner,
Green, of Pike,. Moultrie, Welborne,
Hall, Murphey, ofDeKalb White, of Pike,
Hardage, Neal, Williams,of Bulloch
Harrison, of Ran-' Nixon, Wilson.
dolph, O'Neal,
Harris, J Palmer,
Mr. Stiles from' the committee on Finance to whom was
referred the bill " to appropriate money for the political year
1841," reported a substitute for said bill.
The House resolved itself into a committee of the whole
on the bill to appropriate money for the political year 1841',
Mr. Stroud of Walton in the chair—the Speaker having re¬
sumed the chair, the chairman reported the bill without
amendment; the House took up the report, and the follow¬
ing portion of the first section being read, to wit:
" The sum of dollars each per day, to the Pre¬
sident of the Senate and Speaker of the House of Represen¬
tatives."
Oh motion, the blank was filled with "seven"'
And the next portion, to wit :
" The sum of dollars each, for every twenty
miles, in coming to, and going from, the seat of government,"
being read, it Was moved to fill the blank with " five," which
was decided in the negative.
Whereupon, the yeas and nays were' ordered to be re¬
corded and are yeas 85, nays 91.
Those who voted in the affirmative,, are Messrs*
Anderson of Chat'm.Barclay, Bell,,
Atkinson, Beavers, Bethea,
265
Bigham, Harrison of Ran- Nash,
Brown of Bibb, clolph, Pettee,
Bryan of Houston, Plendry, Price,
Bryan of Wayne, Plibbert, Rea,
Cannon, Hines, Richardson,
Carroll, Hitchcock, Rodgers,
Covenah, Hudson, Sapp,
Chapman, Johnson of Appling, Sermons,
Chester, Johnson of Heard, Sheffield,
Chipley, King,
Crutchfield, Lawson,
Daniel of Thomas, Lefil
Dark,
Dawson,
Dixon of Walker,
Ellis,
Erwin,
Fitzpatrick,
Flournoy of Mus¬
cogee,
Flournoy of Wash¬
ington,
Ford, of Cherokee
Gathright,
Green of Macon,
Hall,
Hampton,
Hardy,
Shropshire,
Smith,
Stewart of Mcintosh
Stiles,
Stone,
Tanner,
Tarver,
Thomas,
Trayler,
Waldhour,
Wales,
West,
Liddle,
Linder,
Lynch,
Mann of Tattnall,
Martin of Morgan,
McCall,
McCrimmon,
McDuffie,
McGahagan,
McMath,
McMillian of Tho's. Williams, ofBullo'h
Meadows, Williams of Harris,
Morris, of Murray, Williams of T alb or,
Moultrie, Wilson.
Mulkey,
Murphey of Wilk'n,
Whigham of Macon,
Those who voted in the negative, are Messrs.
Anderson of Frank-Davenport,
lin, Davis,
Anderson of War- Delauney,
ren, Dodson,
Bentley, Emanuel,
Boynton', Espy,
Brown of Houston, Evans,
Burt,
Carlton,
Chandler,
Collier,
Cooke,
Crawford of Ogle¬
thorpe,
Crawford of Rich¬
mond,
Cutrigbt,
Daniel of Greene,
Darden of Troup,
Franks,
Green of Forsyth,
Green of Pike,
Hagerman,
Hardage,
Hardeman,
Hardman,
Harris,
Hatcher,-
Hotchkiss,
Ploward,
Hubbard,
Darden of Warren, Hudgins-,
Hunter,
Johnson of Troup,
Jones of Franklin,
Jones of Harris,
Jones of Monroe,
Keaton,
Lee,
Long,
Lowe,
Loyall,
Martin of Gwinnett,
Maxwell,
Mays of Cobb,
May of Warren,
McMillen of Jackson
Mitchell,
Moon,
Morris, of Cobb,
Murphey of DeKalb
Neal,
266
Nixon, Reynolds, Thompson,
O'Neal, Rhodes, Toombs,
Osborne, Roberts, Towles,
Palmer, Robinson of Jasper Turner,
Parks, Sanford, Warren,
Pitman, Shaw, Webb,
Pitts, Stuart, of Ware, Welborne,
Preston, Stroud of Clark, White of Jasper,
Pryor, Stroud of Walton, White of Pike,
Read, Sumner, Whitworth,
Reeves, Taylor, Wingfield.
It was then moved to fill the blank with " four," which
prevailed.
Whereupon the yeas and nays were ordered to be record¬
ed, and are Yeas 101—Nays 71.
Those who voted in the affirmative, are Messrs.
Anderson,, of Chat- Dodson, McMillian, of
ham, Emanuel, Thomas,
Anderson of WarrenEspy, Meadows, .
Barclay, Evans, Moon,
Beavers, Farnall, Morris, of Cobb,
Bell, Fitzpatrick, Mulkey,
Bentley, Flournoy, of W ash- Murphey, of DeKalb
Bigham, ington, Neal,
Boynton, Hagerman, O'Neal,
Brown, of Bibb, Hall, Osborne,
Brown, of Houston,Hardage, Preston,
Bryan, of Houston, Hardeman, Pryor,
Burt, Hardman, Rea,
Carlton, Harrison, ofRand'h.Read,
Cannon, Harris, Reeves,
Chandler, Hatcher, Reynolds,
Chester, Hitchcock, Rhodes,
Collier, Howard, Robinson, of Jasper,
Craft, Hubbard, Sanford,
Crawford, of Ogle- Hunter, Shaw,
thorpe, Johnson, of Heard, Sheffield,
Crawford, of Rich'd. Johnson, of Troup, Stewart, ofMcIntosh
Cutright, Jones, of Harris, . Stuart, of Ware,
Daniel, of Greene, Jones, of Monroe, Stiles,
Daniel, of Thomas, Long, Stone,
Darden, of Troup, Lowe, Stroud, of Clark,
Darden of Warren, Loyall, ' Sumner,
D ark, Martin, of Gwinnett, T arver,
Davenport, Maxwell, Taylor,
Davis, Mays, of Cobb, Thompson,
Delauney, May, of Warren, Toombs,
Dixon, of Walker, McCall, Trayler,
267
Turner, West, Williams of Talbot,
Wales, White, of Jasper, Wilson,
W arren, . Williams, of Harris, Wingfield.
Webb,
Those who voted in the negative, are Messrs.
Anderson, of F rank- Hibbert, Nixon,
lin, Hines, Palmer,
Ashley, Hotchkiss, Parks,
Atkinson, Hudgins, Pettee,
Bethea, Hudson, Pitman,
Bryan, of Wayne, Johnson of Appling, Pitts,
Carroll, Jones, of Franklin, Price,
Covenah, Keaton, Richardson,
Chapman, Kings Roberts,
Chipley, Lawson, Rodgers,
Cooke, Lee, Sapp,
Crutchfield, Lefils, Sermons,
Dawson, Liddle, Shropshire,
Ellis, Linder, Smith,
Erwin, Lynch, Stroud, of Walton,
Flournoy, of Mus- Mann, of Tattnall, Tanner,
cogee, Martin, of Morgan, Thomas,
Ford, of Cherokee, McDuffie, Towles,
Franks, McGahagan, Waldhour,
Gathright, McMath, Welborne,
Green, of Forsyth, McMillen of JacksonWhigham, of Macon,
Greene, of Macon, Mitchell, White, of Pike,
Green, of Pike, Murphey, of Wil- Whitworth,
Hampton, kinson, Williams of Bulloch.
Hendry, Nash,
The Speaker submitted a communicatiou from Philo
Brownson, requesting the use of the Hall of the House of
Representatives on to-morrow evening, for the purpose of
delivering a sermon on the doctrine of Universalisrn.
Mr. Toombs moved that the House refuse to grant the re¬
quest :
Whereupon the yeas and nays were ordered to be recorded
and are Yeas 77—Nays 60.
Those who voted in the affirmative, are Messrs.
Anderson of Chat-Bryan of Wayne, Cooke,
ham, Burt, Crawford of Ogle-
Anderson of WarrenCarlton, thorpe,
Barclay, Cannon, Cutright,
Bentley, Carroll, Daniel of Greene,
Bigham, ^ovenah, Darden of Troup,
Brown of Houston, Chapman, Darden of Warren,
268
Davenport,
Dawson,
Delauney,
Erwin,
F arnall,
Franks,
Hagerman,
Hall,
Hampton,
Hardman,
Hardy,
Johnson of Heard, Price,
Johnson of Troup, Rea,
Jones of Franklin, Reynolds,
Jones of Harris,
Lee,
Liddle,
Linder,
Lowe,
Mann of Tattnall,
Maxwell,
Mays of Cobb,
Harrison of Ran-May, of Warren,
dolph,
Harris,
Hatcher,
Hendry,
Hibbert,
Hotchkiss,
Hudson,
Hunter,
McCall,
McMath,
Meadows,
Moore,
Moultrie,
Osborne,
Palmer,
Pettee,
Shaw,
Sheffield,
Shropshire,
Smith,
Stone,
Stroud of Walton,
Taylor,
Thomas,
Toombs,
Wales,
Webb,
\\T pel
White of Pike,.
Williams, of Bulloch
Williams of Harris,
Wilson.
Those who voted in the negative, are Messrs.
Alexander, Hardage, Pitman,
Hardeman, Pitts,
Floward, Preston,
Hubbard, Rhodes,
Johnson of Appling, Richardson,
Keaton, Roberts,
King, Rodgers,
Atkinson,
Beavers,
Bell,
Bethea,
Boynton,
Brown of Bibb,
Bryan of Houston, Lefils, Sanders,
Chipley, Loyall, Sapp,
Collier, Martin of Gwinnett,Sermons,
Crawford of Rich'd. McCrimmon, Stewart of Mcintosh
Daniel of Thomas, McDuffie, Stuart of Ware,
Dark, McGahagan, Stiles,
Espy, Moon, Tanner,
Evans, Morris of Murray, Thompson,
Flournoy, of Mus- Mulkey, Towles,
cogee, Murphey of Wilkin- Turner,
Flournoy of Wash- son, Waldhour,
ington, Nash, Welborne,
Ford of Cherokee, Neal, White of Jasper,
Gathright, Nixon, Wingfield.
So the use of the Hall was refused.
The House then adjourned until 9 o'clock, to-morrow
morning.
269
WEDNESDAY, December 9th, 1840.
Mr. Hardage moved to reconsider so much of the Journal
of yesterday as relates to the passage of the bill to extend
the time for taking out grants for lands in the counties of
originally Early, Irwin, Appling, Hall, Habersham and Ra¬
bun, and to provide for the disposition of the same, if not
granted within the time extended ;
Whereupon the yeas and nays were required to be re¬
corded, and are Yeas 49, Nays 98.
Those who voted in the affirmative, are M essrs.
Anderson, of Chat-Harris, Palmer,
ham, Hatcher, Pettee,
Anderson, of Frank-Hendry, Pitman,
lin, Hibbert, Price,
Bryan, of Wayne, Hudgins, Read,
Cannon, Johnson, of Appling,Roberts,
Carroll, Jones, of Franklin, Robinson, of Jasper,
.Chester, Keaton, Rodgers,
Crutchfield, Lee, Sheffield,
Cutright, Mitchell, Smith,
Erwin, Moon, Stroud, of Walton,
Espy, Morris, of Murray, Sumner,
Farnall, Moultrie, Tanner,
Ford, of Cherokee, Murphey, of Wil-Thompson,
Green, of Forsyth, kinson, Waldhour,
Green, of Pike, Neal, White, of Pike,
Hall, Nixon, Wilson.
Hardage,
Those who voted in the negative, are Messrs.
Alexander, Crawford, of Rich-Hampton,
Anderson, of War- mond, Hardeman,
ren, Daniel, of Greene, Hardman,
Atkinson, Daniel, of Thomas,Herrington,
Bell, Darden, of Troup, Hitchcock,
Bentley, Dark, Hotchkiss,
Bethea, Dodson, Hubbard,
Bigham, Ellis, Hudson,
Boynton, Fitzpatrick, Johnson, of Heard,
Brown, of Bibb, Flournoy, of Mus-Johnson, of Troup,
Bryan, of Houston, cogee, Jones, of Columbia,
Burt, Flournoy, of Wash-Jones, of Harri^,
Covenah, ington, Jones, of Monroe,
Chandler, Franks, Lawson,
Chapman, Gathright, Liddle,
Chipley, Greene, of Macon, Lowe,
Collier, Hagerman, Loyall,
Cooke, Hammond, Lynch,
270
Mann, of Tattnall, Osborne,
Martin, of Morgan, Parks,
Martin, of Gwinnett,Pitts,
Maxwell, Preston,
Mays, of Cobb, Re a,
May, of Warren, Reeves,
McComb, Reynolds,
McCrimmon, Rhodes,
McDuffie, Richardson,
McGahagan, Sanford,
McMath, Sapp,
McMillen,ofJacksonSermons,
McMillian, of Tho's,Shaw,
Moore, Shropshire,
Morris, of Cobb, SteXvart of Mclnto
O'Neal, Stuart, of Ware,
So the House refused to reconsider.
Stone,
Taylor,
Toombs,
Towles,
Trayler,
Turner,
Wales,
Warren,
Webb,
Welborne,
West,
White, of Jasper,
Whitworth,
Williams, of Harris,
shWilliams, of Talbot,
Winsfield.
Mr. Chipley moved to reconsider so much of the Journal
of yesterday as relates to the passage of the bill of the Sen¬
ate, to alter the 3d, 7th and 12th sections of the 1st and 2d
articles, of the 3d section and 3d article, and the 15th sec¬
tion and 4th article of the constitution of the State.
Whereupon the yeas and nays were required to be re¬
corded, and are Yeas 114, Nays 61.
Those who voted in the affirmative are Messrs.
Alexander, Crutchfield, Hardeman,
Anderson, of Chat-Cutright, Hardman,
ham, Daniel of Greene, Hardy,
Anderson, of War- Daniel, of Thomas, Hatcher,
ren,
Ashley,
Atkinson,
Barclay,
Bell,
Bentley,
Bethea,
Bigham,
Boynton,
Brown, of Bibb,
Bryan of Houston
Burt,
Carroll,
Chester,
Chipley,
Cooke,
Crawford, of Ogl'eHall,
Crawford of Rich- Hammond,
mond, Hampton,
Darden of Troup, Hibbert,
Darden, of Warren, Hines,
Davenport, Hitchcock,
Delauney, Hotchkiss,
Dixon, of Walker, Hubbard,
Dodson, Hudson,
Emanuel, Johnson, of Heard,
Evans, Johnson, of Troup,
Farnall, Jones, of Columbia,
Flournoy, of Mus- Jones of Harris,
cogee, Jones, of Monroe,
Flournoy, of Wash'nKing,
F ranks,
Gathright,
Greene, of Macon,
Hagerman,
Law son,
Lefils,
Long,
Lowe,
Loyall,
Lynch,
Mann, of Tattnall,
271
Martin, of Morgan, Nixon,
Maxwell,
May of Warren,
McCall,
McComb,
McCrimmon,.
McGahagan,
McMath,
McMillian, of
Thomas,
Meadows,
Moore,
Morris, of Cobb,
Mulkey,
O'JSfeal,
Osborne,
Parks,
Preston,
Pi-yor,
Rea,
Rhodes,
Richardson,
Roberts,
Sanders,
Sapp,
Sermons,
Stone,
Stroud, of Clark*
Taylor,
Thomas*
Toombs,
Trayler,
Waldhour,
Wales,
Warren,
West,
Whigham,.of Macon*
White, of Jasper,
Whitworth,
Williams of Harris.
Sheffield,
Murphey, of Wilkin-Stewart of M'Intosh Williams, of Talbot
son, Stuart of Ware, Wilson,
Nash, Stiles, Wingfield.
Those who voted in the negative, are Messrs.
Anderson, of F rank- Harris, Pettee,
lin, Hendry, Pitts,
Bryan, of Wayne, Howard, Price,
Carlton, Hudgins, Read,
Cannon, Hunter, Reeves,
Covenah, Johnson of Appling, Robinson, of Jasper*
Chandler, Jones, of Franklin, Rodgers,
Chapman, Keaton, Sanford,
Collier, Lee, Shaw,
Hark, Liddle, Shropshire,
Davis, Martin of Gwinnett, Smith,
Dawson, Mays, of Cobb, Stroud, of Walton*
Ellis, McDuffie, Sumner,
Erwin, McMillen, of Jack-Tanner,
Espy, son, Tarver,
Fitzpatrick, Mitchell, Thompson,
Ford of Cherokee, Moon, • Towles,
Green of Forsyth, Morris of Murray, Webb,
Green, of Pike, Murphey, of DeKalbWelborae,
Hardage, Neal, White of Pike,
Harrison, of Ran-Palmer, Williams,of Bulloch*
dolph,
So the motion to reconsider prevailed.
Mr. Murphey, of DeKalb, moved to reconsider so much
of the Journal of yesterday as relates to the indefinite post-
ponement of the bill to lay out and form a new county out
of the counties of Cass and Murray.
The House refused to reconsider.
Mr. Hardage moved to reconsider so much of the Journal
of yesterday as relates to allowing the President of the Sen--
272
ate and Speaker of the House of Representatives $7 each
per day. The House refused to reconsider. 4
Mr. Shropshire moved to reconsider so much of the Jour¬
nal of yesterday as relates to the refusal of the House to fix
the mileage of the President of the Senate and Speaker of
the House of Representatives at $5 for every twenty miles;
"which prevailed.
Whereupon the yeas and nays were required to be re¬
corded, and are Yeas 94, Nays 84.
Those who voted in the affirmative are Messrs.
Alexander, Ford, of Cherokee, McDuffie,
Anderson, of Chat- Gathright,
•ham,
Ashley, ,
Atkinson,
Barclay,
Bell,
Bethea,
Bigham,
Brown, of Bibb,
Bryan, of Wayne,
Cannon,
Carroll,
Chandler,
Chapman,
Chester,
Chipley,
Covenah,
Cooke,
Cratchfield,
Green of Forsyth,
Greene, of Macon,
Green, of Pike,
Hagerman,
Hall,
Hardage,
Hardy,
McGahagan,
McMatb,
McMillen of Jackson
McMillian, of
Thomas,
Moore,
Morris, of Murray,
Moultrie,
Harrison, of Ran- Mulkey,
dolph, Nash,
Harris, Nixon, •
Hendry, Pettee,
Hibbert, Pitts,
Hines, Price,
Hitchcock, Roberts,
Hotchkiss, Rodgers,
Hudgins, - Sanders,
Hudson, Sapp,
Johnson of Appling, Sermons,
Daniel, of Thomas, Johnson of Heard, Sheffield,
Dark, Jones, of Columbia,Shropshire,
Dawson, King, Smith,
Dixon of Walker, Lawson, Stewart,of Mcintosh
Dufour, Lee, Stuart, of Ware,
Ellis, Lefils, Stone,
Erwin, Liddle, Tanner,
Espy, Lynch, Thomas,
Fa mail, Mann, of Tattnall, Waldhour,
Flournoy, of Mus- Martin of Morgan, Webb,
cogee, , Martin of Gwinnett, Whigham,ofMacon,
Flournoy, of Wash- McC all, Whitworth,
ington, McCrimmon, Wilson.
Those who voted in the negative, are Messrs.
Anderson, of Frank-Bentley, Burt,
lin, Boynton, Carlton,
Anderson of AVar- Brown, of Houston, Chappell,
ren Bryan, of Houston, Collier,
273
Crawford, of Ogle¬
thorpe,
Crawford, of Rich¬
mond,
Cutright,
Daniel, of Green,
Darden of Troup,
Darden, of W arren,
Davenport,
Davis,
Delauney,
Dodson,
Emanuel,
Evans,
Fitzpatrick,
F ranks,
Hammond,
Hardeman,
Hardman,
•Hatcher,
Howard,
Hubbard,
Hunter,
Johnson, of Troup,
Jones, of Franklin,
Jones of Harris,
Jones of Monroe
Keaton,
Long,
Lowe,
Loyall,
Maxwell,
Mays, of Cobb,
May of Warren,
Meadows,
Mitchell,
Moon,
Morris, of Cobb,
Murphey, ofDeKalb Toombs,
Murphey, of Wil- Towles,
Reynolds,
Rhodes,
Richardson,
Robinson, of Jasper,
Sanford,
Shaw,
Stroud, of Clark,
Stroud, of W alton,
Sumner,
Tarver,
Taylor,
Thompson,
kin son,
Neal,
O'Neal,
Osborne,
Palmer,
Parks,
Pitman,
Preston,
Pryor,
Rea,
Read,
Reeves,
Trayler,
Turner,
Warren,
Welborne,
West,
White, of Jasper,
White of Pike,
Whitfield,
Williams of Harris,
Williams of Talbot,
Wingfield.
The following message was received from the Senate, by
Mr. Bailey, their Secretary :
Mr. Speaker: The Senate has passed the following bills,
to wit:
A bill more effectually to prevent illegal voting.
A bill amendatory of an act entitled An act to authorize
the Justices of the Inferior Court of the several counties in
this State, to create and lay out any new District, or change
and alter the lines of those already laid out, assented to on
the 23d December, 1839.
A bill to incorporate the Baptist church in Pulaski county,
known by the name of the Mount Horeb church, and to ap¬
point trustees for the same.
A bill requiring the record of all deeds of gift from the
parent to the child or children, where actual possession of
the property therein conveyed is not given at the time of the
execution thereof.
A bill to change the names of certain persons named there¬
in, and to legitimatize the same.
A bill to amend the rent laws of this State, so far as re¬
lates to the city of Augusta.
A bill to extend the corporate limits of the town of Mc-
Donough, in the county of Henry, and to confer upon the
18
274
commissioners of said town tlie right ol assessing taxes upon
the citizens thereof? or the performance of road duty? as the
commissioners may deem expedient.
A bill to repeal an act entitled An act establishing election
districts in the several counties therein named? and to regu-
late the same? assented to on the 21st December, 1839, so
far as relates to the county of Stewart.
A bill to compel the commissioners of the Western and
Atlantic Rail-Road to pay certain costs, and for other pur¬
poses therein named.
The Senate has also passed the following bill of the House
of Representatives, with amendments, to wit
A bill to compel the several Banks of this State to redeem
their respective liabilities in specie, and to provide for the
forfeiture of the charter or charters of such as may refuse.
To all of which the Senate desire the concurrence of the
House of Representatives.
Mr. Flournoy, of Washington, moved to reconsider so
much of the Journal of yesterday as relates to allowing the
President of the Senate and the Speaker of the House of
Representatives each the sum of four dollars for every twen¬
ty miles, in travelling to and from the seat of government.
Whereupon the yeas and nays were required to be re¬
corded, and are Yeas 95, Nays 81.
Those who voted in the affirmative, are Messrs.
Alexander,
Anderson of Chat¬
ham,
Ashley,
Atkinson,
Barclay,
Bell,
Bethea,
Brown of Bibb,
Bryan of Wayne,
Cannon,
Carroll,
Chandler,
Chapman,
Chester,
Chipley,
Covenah,
Cooke,
Crutchfteld,
Daniel of Thomas,
Dark,
Davenport,
Dawson,
Dixon, of Walker,
Dufour,
Ellis,
Erwin,
Espy,
F arnall,
Flournoy, of Mus¬
cogee,
Flournoy, of Wash¬
ington,
Ford of Cherokee,
Gathright,
Green of Forsyth,
Green of Macon,
Green of Pike,
Hall,
Hardage,
Hardy,
Harrison of Ran¬
dolph,
Hendry,
Hibbert,
Hines,
Hitchcock,
Hotchkiss,
Hudgins,
Hudson,
Johnson of Appling,
Johnson of Heard,
Jones of Columbia,
Jones of Franklin,
King,
-Lawson,
Lee?
Lefils,
Liddle,
Lynch,
Mann of T attnall,
Martin, of Morgan,
McCall,
McCrimmon,
McDuffie,
McGahagan,
McMath,
McMillen of Jackson
McMillian of
Thomas,
Millen,
Moore,
275
Morris of Murray,
Moultrie,
Mulkey,
Mnrphey of Wil¬
kinson,
Nash,
Nixon,
Pettee,
Pitts,
'Price,
Roberts,
Rodgers,
Sanders,
Sa,pp,
Sermons,
Sheffield,
Shropshire,
Smith,
Stone,
Tanner,
Thomas,
Waldhour,
Webb.
Whigham of Macon,
Whitworth,
Williams of Bulloch
Stewart,of Mcintosh Wilson.
Stuart of Wa re,
Those w-ho voted in the negative, are Messrs.
-Anderson-of Frank- Hardman,
lin, Hatcher,
Anderson of WarrenHoward,
Bentley, Hubbard,
JBigham, Hunter,
Bo}mton, Johnson of Troup,
Brown of Houston, Jones of Harris,
Burt, Jones of Monroe,
Carlton, Keaton,
Chappeli, Long,
Collier, Lowe,
Drawford of Ogle- Loyall,
thorpe,
Crawford of Rich¬
mond,
•■Cutright,
Daniel of Greene,
Harden of Troup,
Harden, of Warren, Moon,
Davis,
Delauney,
Hod son,
Rea,
Read,
Reeves,
Reynolds,
Rhodes,
Richardson,
Robinson of Jasper,
Sanford,
Shaw,
Stroud of Clark,
Stroud of Walton,
Sumner,
Martin of Gwinnett, T arver,
Maxwell,
Mays of Cobb,
May of Warren,
Meadows.,
Mitchell,
Taylor,
Thompson,
Toombs,
Towles,
Trayler,
Turner,
Warren,
Emanuel,
Evans,
Franks,
Hagerman,
Hammond,
Hardeman,
Morris of Cobb,
Murphey of HeKalbWelborne,
Neal, West,
O'Neal, White of Jasper,
'Osborne, White of Pike,
Palmer, - Whitfiel d,
Parks, Williams of Harris,
Preston, Williams of Talbot,
Pry or, Wingfield.
So the motion to reconsider prevailed.
The following message was received from the Senate, by
Mr. Bailey, their Secretary :
Mr. Speaker: The Senate has agreed to a resolution, au¬
thorizing the Directors of the Central Bank of Georgia to
provide for the payment, in current funds, the scrip as issued
by the commissioners of the Western and Atlantic Rail-Road.
To which the Senate desires the concurrence of the House
of Representatives.
276
Mr. Bethea moved to reconsider so much of the Journal:
©f yesterday as relates to the refusal of the use of the Rep¬
resentative chamber to Philo Brownson.
Whereupon, the yeas and nays were required to be re¬
corded, and are, yeas 72, nays 76.
Those who voted in- the affirmative, are Messrs..
Alexander, Hardeman, O'Neal,
Bethea, Howard, Pitman,.
Boynton,. Hubbard, Pitts,
Brown of Bibb, Hunter, Read,
Bryan, of Houston, Jones, of Columbia, Rhodes,
Carlton, Jones of Franklin, Richardson,.
Chappell, Keaton, Rodgers,
Chester, King, Sanders,
Chipley, Lawson, Sapp,
Covenah, Lefils, Sermons,
Daniel of Thomas, Long, Stewart, ofMcIntosh.
Dark, Loyal!, Stroud of Clark,
Dixon, of Walker, Lynch, Sumner,
Dufour, M artin of Gwinnett, T anner,
McDuffie, Tarver,
McGahagan, Thompson,
McMillen of JacksonT owles,
Emanuel,
Espy,
Evans,
Fitzpatrick,
Flournoy of Wash
ington,,
Ford of Cherokee,
Gath right,
Greene of Macon,
Hammond,
Hardage,
Turner,
Waldhour,
WelBorne,
White of Jasper,
Whitworth,
Williams, of Talbot,
Wingfield.
McMillian of
Thomas,
Mitchell,
Moon,
Mulkey,
Neal,
Nash,.
Nixon,
Those who voted in the negative,, are Messrs.
And erson of WarrenC utright, Hardy,
Barclay, Daniel of Greene, Harrison, of Ran'
Bell, Darden of Troup, dolph,
Bigham, Darden of Warren, Harris,
Brown, of Houston, Davenport, Hatcher,
Bryan of Wayne, Davis, Hendry,
Dawson, Hibbert,
Delauney, Hitchcock,
Erwin, Hotchkiss,
Flournoy of Mus- Hudson,
Johnson of Heard,
Burt,
Cannon,.
Carroll,
Chandler;
Chapman,
Cooke,
Crawford of Ogle¬
thorpe,
Craw lord of Rich¬
mond,
co gee,
F ranks,
Green of Pike,
Hagerman,
Hall,
Hardman,
Johnson of Troup,
Jones of Harris,
Lee,
Lowe,
Mann of Tattnall,
277
Maxwell-, Parks, Stone,
Mays of Cobb, Preston, Stroud of Walton*,
May of Warren, Price, Taylor,
McCall, Pry or, Thomas,
McCrimmon, Rea, Toombs,
McMath, Reynolds, Wales,
Meadows, Robinson of Jasper, Warren,
Moore, Shaw, White of Pike,
Moultrie, Sheffield, Williams of Bulloch,
Osborne, Shropshire, Wilson.
Palmer, Smith,
' So the House refused to reconsider.
Leave of absence was granted to Mr. Lowe for the balance
•of the week on particular business. Also, to Mr. Craft, on
account of indisposition.
Mr. Cannon laid on the table the following resolution:
Resolved, That each member of both branches of the Legis¬
lature shall vote at the call of his name, his own pay per
day, for his services, not exceeding five dollars ; the same
to be allowed for every twenty miles in coming to and re¬
turning from the seat of government.
Mr. Shropshire, from the select committee to whom was
referred the claim of Dennis Hills, made the following
RE PORT.
That they have had the same under consideration, and
from unquestionable testimony before them, believe, that he
was issuing commissary to Major C. H. Nelson's Battalion ;
and after his time of service had expired, he was detained
by Major Paine in the service of the United States, for which
•he has received no compensation. And it further appears,
that he should have been paid one hundred and eighty-six
dollars and ninety-three cents, for his services as issuing
commissary, and recommend the following resolution:
Resolved, That the sum of one hundred and eighty-six
dollars and ninety-three cents, be, and the same is hereby
appropriated and set apart in the Appropriation Bill of this
year, for the payment of said claim.
Mr. Wales, from the committee to whom was referred the
petition of William C. Osborne, made the following
REPORT-
From the documents referred to the committee with said
petition, the following facts are made manifest: In the Land
Lottery authorized by the act of 1825, Mary Ann Blue drew
Lot No. 124, in the 21st district of originally Muscogee coun¬
ty ; and on the 18th July, 1828, the said Mary Ann Blue,
having ascertained that she was not entitled to a draw in
;said Land Lottery, relinquished to the State her title to said
2?:s
Lot of Land. By an act of the Legislature, the Lot of Land
was directed to be sold at public outcry, by the Sheriff of
Harris county, and, in the year 1830, was sold in. pursuance
©f said act, to the said William C. Osborne, for the sum of
five hundred dollars ; and, on the 9th of November, 1836, a
grant issued to the said William C. Osborne for the Lot afore¬
said. The documents- further prove, that by a resolution of
the Legislature, passed in 1333, the number of said Lot of
Land was placed in the Lottery wheel of the Land Lottery
authorized by an act of the Legislature of that year, and
drawn by William James Way, of Liberty county, and
granted to him in the year 1335v It further' appears, that
the said William James Way instituted his action of eject¬
ment for the recovery of said Lot of Land; and by the judg¬
ment of the Superior Court of Harris county, did recover
the same, whereby the title granted by the State to the said
William Cb Osborne was set- aside and annulled.
From these facts, your committee are of the opinion that
the right of the said William C. Osborne to relief is clear,
and should not be withheld by the Legislature. The ques¬
tion presents itself, to what extent shall this relief be afforded ?
It was in proof before the committee, that in 1836, the
said William C. Osborne sold said Lot of Land to Reuben
Allison for one thousand dollars, and is now liable on his
warranty in the deed, to said Reuben Allison, and that the
said Allison has made valuable improvements on said Lot,
since the date of his purchase. It was also certified to your
committee, by four disinterested and respectable gentlemen
of Harris county, that said Lot of Land is now worth sixteen
hundred and twenty-five dollars. It was also in proof be¬
fore the committee, that the said William C. Osborne had ex¬
pended' in court cost and attorney's fees,, the sum of one
hundred and eighty-nine dollars, in defending his title. Your
committee, being of opinion that the State should pay the
value of the Lot of Land, and the expenses of defending
said su-it, recommend the adoption of the following reso¬
lution i
Resolved, That the sum of eighteen- hundred and fourteen
dollars be allowed and paid to William C. Osborne, out of
any monies not otherwise appropriated, as a remuneration
for the loss of Lot of Land No. 124, in the 21st district of
originally Muscogee, now Harris county, which was sold and
granted to him by the State ; and that this amount he insert-'
ed in the appropriation act.
On motion of Mr. Thompson, the order was suspended
generally, for the introduction of new matter.
Mr. Thompson introduced a bill to provide payment for
individuals who taught school in the county of Hall, under
279
the provisions of the poor school law, in 1S38, who have not
been paid ; which was read the first time.
Mr. Mitchell introduced a bill to alter the militia laws of
this State, so far as relates to the 27th and 23d Regiments,
in the county of Franklin ; which was read the first time.
Mr. Morris, of Murray, introduced a bill to define the
duties of the Directors of the Central Bank, and to increase
her capital, and for other purposes hereinafter named ; which
was read the first time.
Mr. Harrison, of Randolph, introduced a bill to alter and
amend the charter of the Central Bank of Georgia, to pre¬
serve its capital and support its credit; which was read the
first time.
Mr. Hardeman introduced a bill to authorize David D.
Bostick to keep up a ferry across the Ocmulgee river, near
the Long Shoals, on his own land; which'was read the first
time.
Also—A bill to add a part of the county of Jones to the
county of Monroe ; which was read the first time.
Mr. Crawford, of Richmond, introduced a bill to alter and
amend the 3d, 7th and 12th sections of the 1st article, and
3d section of the 3d article, and the 5th section of the 4th
article of the Constitution; which was read the first time,
and, on motion, was referred to a select committee of five ;
whereupon the Speaker appointed, as that committee, Messrs.
Crawford of Richmond, Millen, Murphey of DeKalb, Chap-
pell, Hardeman.
The House took up the unfinished business of yesterday,
to wit: The report on the bill to appropriate money for the
political year 1841 ; and, on motion, postponed the same for
further consideration.
The House took up the special order of the day, it being
the report on the bill.to alter and amend an act to establish
a bank at Milledgeville, to be called and known by the name
and style of the Central Bank of Georgia, &c., passed on
the 20th day of December, 1828, passed the 21st day of
December, 1839; and to provide for the protection of the
circulation of said bank, and for other purposes.
Mr. Murphey, of DeKalb, moved to postpone the same,
and make it the special order of the day for Friday next;
which was decided in the affirmative.
Whereupon the yeas and nays were required to be re¬
corded, and are Yeas 94, Nays 82.
Those who voted in the affirmative, are Messrs.
Anderson, of Chaf- Barclay, Carlton,
ham, Bell, Cannon,
Anderson of Frank- Bethea, Carroll,
fin, Bigham, Chandler,
Atkinson, Bryan of Wayne, Chipley,
280
Collier,
Crutchfield,
Dark,
Davis,
Dawson,
Dixon, of Walker
Dufour,
Ellis,
Erwin,
Espy,
F arnall,
Ford of Cherokee, Mays, of Cobb,
Gathright, McCall,
Green, of Forsyth, McDuffie,
Greene of Macon, McMillen of Jack-
Hunter, Palmer,
Johnson of Appling, Pettee,
Jones of Columbia, Pitts,
Jones of Franklin, Price,
Keaton, Read,
Lawson, Roberts,
Lee, Robinson, of J asper,
Lefils, Rodgers,
Liddle, Sanders,
Long, Sanford,
Martin of Gwinnett, Sheffield,
Shropshire,
Smith,
Green of Pike,
Hall,
Hammond,
Hardage,
Harrison of Ran-
' • dolph,
Harris,
•Hatcher,
-Hendry,
Hibbert,
Hotchkiss,
Howard,
son,
Millen,
Mitchell,
Moon,
Morris of Cobb,
Morris of Murray,
Moultrie,
Murphey of DeKalbWebb,
Murphey of Wilkin- Welborne,
son, White of Pike,
Neal, Whitfield,
Nixon, Williams of Talbot,
Osborne, Wilson.
Stewart of Mcintosh
Stiles,
Stroud of Clark,
Stroud of Walton,
Sumner,
T anner,
Tarver,
Thompson,
Towles,
Hudgins,
Those who voted in the negative, are Messrs.
Alexander, . Darden of Troup, Hudson,
Anderson of WarrenD arden of Warren, Johnson, of Heard,
Ashley, Davenport, Johnson of Troup,
Bentley, Delauney, Jones of Harris,
Boynton, Dodson, Jones, of Monroe,
Brown of Bibb, Emanuel, King,
Brown of Houston, Evans, Lowe,
Bryan of Houston, Fitzpatrick, Loyall,
Burt,
Chapman,
Chappell,
Chester, mgton,
Covenah, Franks,
Crawford of Ogle- Hagerman,
thorpe, Hardeman,
Crawford, of Rich-Hardman,
mond, Hardy,
Cutright, Hines,
Daniel of Greene, Hitchcock,
Daniel of Thomas, Hubbard,
Flournoy of Mus- Lynch,
cogee, Mann, of Tattnall,
Flournoy, of Wash-Martin of Morgan,
Maxwell,
May of Warren,
McGahagan,
McMath,
McMillian of
Thomas,
Meadows,
Moore,
Nash,
281
O'Neal,
Parks,
Pitman,
Preston,
Pryor,
Rea,
Richardson,
Sapp,
Sermons,
Shaw,
Stuart of Ware,
Stone,
Taylor,
Thomas,
Toombs,
Trayler,
W aldhour,
Wales,
Warren,
West,
White of Jasper,
Whitworth,
Williams of Harris,
Wingfield.
Reeves,
Reynolds,
Rhodes,
The House took up the Report on the bill to incorporate
an institution for the promotion of Christian knowledge and
general education, to be called the " Georgia Episcopal Insti¬
tute and Christ College," at Montpelier, in the county of
Monroe ; and having considered and amended the same,
yielded to a motion to adjourn.
When the House adjourned until 3 o'clock this afternoon.
The House met pursuant to adjournment.
The House resumed the unfinished business of this morn¬
ing, to wit: The report on the bill to incorporate an institu¬
tion for the promotion of Christian knowledge and general
education, to be called the " Georgia Episcopal Institute and
Chust College," at Montpelier, in the county of Monroe;
the report was agreed to, the bill read the third time and
passed.
On motion of Mr. McMillen, of Jackson, the order was
suspended for the purpose oP taking up the report on the bill
to provide for the payment of those teachers who have taught
under the provisions of the poor school law, in Jackson coun¬
ty, and are yet unpaid; which was, on motion, indefinitely
postponed.
Mr. Stewart, of Mcintosh, from the military committee,
made the following report; which was taken up, read and
agreed to, as follows, to wit:
That several ineffectual attempts having been made to
convene the committee to the calls made on them to the mat¬
ters submitted, and therefore asks the House to discharge
the said committee from any further duties on this subject.
The House took up the report on the bill to change the
place of holding elections from the house of R. A. Hall to
the house of Robert Carson's, in the county of Talbot; the
Report was amended and agreed to ; the bill was read the
third time and passed.
Three o'clogk, P. M.
282
The following message was received from the Senate, by
Mr. Bailey, their Secretary :
Mr. Speaker: The Senate has passed the bill of the House
of Representatives to pardon Jackson Mahon, of Baldwin
county.
The following bills were severally read the second time,
and referred to a committee of the whole House, to wit:
A bill to ascertain the constitutional qualifications of voters
at elections held in the county of Chatham, and city of Sa¬
vannah, and to provide for the detection of frauds at said
elections.
A bill for the relief of John H. Mount, of the county of
Houston.
A bill to alter and change the name of Madison Greenlea
Todd to that of Madison Greenlea Bryan, of Dooly county.
A bill to authorize the mayor and council of the city of
Columbus to define the limits of Bay street, in said city, and
to lay off a portion of said street, and of the North common
of said city, into water lots, and to dispose of the same.
A bill to amend the 33d section of the 4th Division of the
penal code of this State, and to define the crime of rape.
A bill to incorporate the town of Jacksonboro, in the coun¬
ty of Scriven, and to define the duties and authority of the
commissioners of the same.
A bill to incorporate the Methodist Episcopal church, at
Newhope, in Lincoln county, and appoint trustees for the
same.
. A bill to authorize John D. Stapleton, H. W. Spear, Jonas
Griffin and their heirs,"to erect a toll gate over the Kincha-
foona Swamp, in Stewart county, on the land of the said
John D. Stapleton, and collect toll for the same.
A bill to enable persons owning lands, to maintain the ac¬
tion of trespass without being in actual possession and occu¬
pancy thereof.
A bill to define the dignity of "open accounts," in the
distribution of decedent's estates.
A bill to authorize the Justices of the Inferior Court of
Cobb county, to levy an extra tax to pay the former Sheriff
and Jailor of said county for the apprehension and confining
sundry Irishmen, indicted for murder in said county, and for
other purposes.
A bill to alter and amend an act to compensate the Grand
and Petit Jurors of the several counties therein named, and
to provide for the payment of the same, so far as relates to
the county of Scriven, assented, to 23d December, 1837, and
for other purposes therein mentioned.
A bill for the relief of honest debtors.
A bill to alter and amend the several laws regulating the
repair of, and wprk on roads, in this State, so far as relates
283
to the county of Hancock, and to regulate the letting out,
and discontinuing of bridges, in said county.
A bill to prevent the employment of slaves or' free per¬
sons of color, as captains or patroons of boats and boxes
upon the Ocmulgee and Altamaha rivers,, except in certain
cases herein named.
A bill to authorize specie paying Banks to issue their bills
to as low a denomination as one dollar.
A bill to authorize the President and Directors of the
Central Bank to make settlements with the Bank of Darien
and its branches, or either of them; which was, on motion,
committed and made the special order for Friday next.
A bill to repeal an act entitled An act to incorporate the
Bank of Darien, passed the 15th day of December, 1818;
and also an act entitled An act to extend the charter of the
Bank of Darien, and the acts now in force amendatory there¬
to, passed the 19th December, 1834, and to provide for the
settlement of the affairs of said Bank; which was, on mo¬
tion, committed, and made the special order for Friday next.
A bill to authorize the Judge of the Superior Courts of
the Ocmulgee circuit to appoint a Master in Equity for the
county of Baldwin.
A bill to amend an act to authorize the Sheriffs of the
counties of Decatur, Thomas, Lowndes, Ware, and Wayne
to sell the Fractions in said counties, and for other purposes,"
passed the 23d December, 1839.
A bill for the relief of Jesse Mathis, tax collector of the
county of Union.
A bill to compel persons who reside without the limits of
this State, who own, or who ma.y hereafter own a plantation
and slaves in any of the counties of this State, to give in
and pay taxes for the same in the county where the same
are situated.
A bill to point out and punish certain frauds therein speci¬
fied, and to render null and void such conveyances or trans¬
fers as may be thereby obtained.
A bill to authorize Stith H. Ingram to establish a Ferry
across Little River, on his own land, and to fix the rate of
toll for the same.
The following bills from the Senate were severally read
the second time, and referred to a committee of the whole
House, to wit-:
A bill to authorize the Justices of the several Districts
within the corporate limits of the city of Macon, Bibb coun¬
ty, to hold their courts in the court-house of said county, and
to authorize the Justices of the Peace to require cost to be
paid or secured before the suits are commenced.
A bill to compensate Grand and Petit Jurors in the coun¬
ty of Ware, and to authorize the Inferior Court of said,
county to levy an extra tax to pay said Jurors.
234
K bill to alter and amend the road laws of this State, so
far as relates to the county of Montgomery.
A bill to authorize the return of Sheriffs, Constables, Coro¬
ners, and Justices of the Peace, to be traversed, and to point
out the manner in which the same shall be made.
A bill to confirm the purchase of the bridges across the
Savannah river, at Augusta, &c.
The following bills of the Senate were severally read the
first time.
A bill to alter and amend an act passed 21st December,
1839, entitled An act to alter and amend an act entitled an
act to appoint additional commissioners on the Ohoopie and
Canoochee rivers, in the county of Tattnall, passed 27th
December, 1839, &c., so far as the said amendatory a.ct of
1839 requires an immediate application of one half of the
funds set apart for the improvement of the Ohoopie river,
below Brazil's creek—to appoint additional commissioners
upon the Ohoopie river, and for other purposes.
A bill for the relief of Solomon Spurlock, John P. Glover,
Senior, and John P. Glover, Junior, securities of William
E. Glover.
A bill to alter and amend an act entitled An act to appro¬
priate a sum of money to improve the navigation of the Big
Satilla river, passed 30th December, 1836, and to appoint
additional commissioners on said river.
A bill to authorize William B. Dudley, of the county of
Elbert, to establish a Ferry across Broad River, on his own
land, and regulate the rates of ferriage thereof; and to regu¬
late the rates of ferriage of Henry E. Nashe's Ferry, on said
river.
A bill to amend the act incorporating the bank of Milledge-
ville with banking and insurance privileges, located at Mill-
edgeville, and to change the name of said Bank.
A bill to incorporate the Oxford Female Academy, in the
county of Newton, and appoint trustees for the same.
A bill to regulate elections in the county of Sumter, and
to repeal all laws authorizing or creating election precincts
in said county, and to repeal an act to establish an addition¬
al precinct in the county of Twiggs, at Higgsville, the place
of holding Justice's Court, in and for the 354th Company
District, G. M., in said county, assented to December 2Sth,
1838.
A bill to incorporate the Upson Riflemen, and to give to
the members thereof certain privileges, &c.
A bill to authorize the Treasurer of the common school
fund of the counties of Montgomery, Emanuel, and Lowndes
to loan out the said fund, and to collect all or any part of the
same, on certain conditions; and to authorize the Treasurer
of' the common school fund for the counties of Franklin and
Jackson to pay certain accounts of teachers of poor children.
285
A bill to change the names of certain persons therein
named, and to legitimatize the same.
A bill for the relief of Felix Arthur, of Cass county.
A bill to authorize the Justices of the Inferior Court, so far
as respects the county of Wilkinson, to lay an extra tax, for
county purposes.
A bill to add certain Fractions therein named, to Paulding
county.
A bill to change the name of William I. Emswiler to that
of William J. I. Reeves.
A bill to repeal the 2d section of an act, passed in Decem¬
ber, 1830, making an appropriation for the benefit of the
University of Georgia.
A bill to consolidate the offices- of tax receivers and col¬
lectors of this State, so far as relates to the counties of Mont¬
gomery, Macon, and Clark.
A bill to amend the act incorporating the Georgia Rail
Road and Banking' Company.
A bill to exempt James Hall, Senior, of Irwin county,
from the several provisions of the acts of the General Assem¬
bly concerning Pedlers, and to authorize him to engage in
that business without license.
A bill to authorize Evin Howell, of the county of Gwin¬
nett, to establish a Ferry across the Chattahoochee river, on
his own land, and to regulate the rates of ferriage thereof 'r
and George M. Waters, of said county, to establish a Ferry
across said river, on his own land, and to regulate the rates
of ferriage thereof.
Mr. Stone, from the committee on Enrollment, reported,
as duly enrolled,
An act to repeal an act to establish a general system of
education by common schools, assented to 26th December,
1837'—Also, an act to amend an act to establish a general
system of education by common schools, assented to 29th
December, 1838, and to change the common school fund in
the State of Georgia, to a poor school fund, and to provide
for distributing the same.
An act to create and organize a new Judicial Circuit, to
be called the Southwestern Circuit, and to appoint the times
of holding the Superior and Inferior Courts in said circuit.
The House then adjourned until 9 o'clock, to-morrow
morning.
286
THURSDAY, December 10, 1S40.
Mr. Tanner, upon the order being suspended, laid on the
table a resolution, requesting the Clerk to inform the House
what number of Clerks are in his employ, and their duties.
Mr. Neal laid on the table a resolution, that the rule of
the House requiring a punctual attendance of the members,
be enforced, after to-day.
Mr. Chipley introduced a bill to repeal an act, assented
to, 21st December, 1833, to amend an act, more effectually
to secure the solvency of all the banking institutions in this
State, as passed on the 24th December, 1832; which was
read the first time.
Mr. Brown, of Bibb, from the select committee, to whom
was referred a bill, to be entitled an act, authorising the
corporation of the city of Macon, to lease to Martin L.
Harden and his associates, that part of the Macon Reserve
known as Napier's Old Field, have had the same under con¬
sideration and beg leave to report:
Your committee can see no impropriety in granting to the
corporation of the city of Macon, the privilege of leasing
out, if it thinks proper to do so, that portion of the reserve
known as Napier's Old Field.
And your committee feel assured, that the corporate au¬
thorities of the city of Macon, who are the guardians of the
rights of its citizens, would not exercise the privilege granted
by the bill, if it. was ascertained to be in violation of the
wishes of its citizens.
Your committee would further remark, that a similar grant
has been made by the Legislature, to the corporation of
Columbus—and that no injury has resulted from it.
And furthermore, that, as an old field, overgrown with
weeds and sedge grass, and now unproductive, can be
made a source of revenue to the city of Macon—they can
see no good reason why the bill should not pass.
They therefore recommend the passage of the bill.
Mr. Pitts, from the select committee, to whom was referred
the claim of Captain Berry Giddeon, of Cass county, for
services rendered by a volunteer mounted company, raised
under the act of 1837, for the protection of the Cherokee
country, have had the same under consideration, and beg
leave to report, as follows :
That, from the evidence submitted to their consideration,
they find nothing to justify Captain Giddeon, to have called
his company into service, except the certificate of Colonel
David Erwin, having date on the 18th of May, 1838, which
required Captain Giddeon to call his company together, and
hold them in readiness. There is no evidence of their
287
having rendered any service, further than the letter of Cap¬
tain Berry W. Giddeon,- to his Excellency, Charles J.
McDonald.
Without further testimony on the-part of Captain Berry
W. Giddeon, showing that service has been rendered at a
time when the service was necessary, your committee, there¬
fore, beg leave to be discharged from the further considera¬
tion of matter submitted to them.
The following message was received from the Senate, by
Mr. Bailey, their Secretary:
Mr.- Speaker: The Senate has concurred with the House
of Representatives, to the amendments on the bill of Senate,
to lay out and organize a new Judicial Circuit, to be called
the Southwestern Circuit.
Mr. Crawford, of Richmond, from the select committee,
to whom was referred the bill to alter and amend the third,
seventh, and twelfth sections of the first article, and third
section of the third article, and the fifteenth section of the
fourth article, of the Constitution of this State, reported the
bill without amendment; which was read the second time.
Mr. King introduced a bill to amend an act, to alter and
fix the time of holding the Superior Courts in the Eastern
District, in this State, assented to, 26th December, 1837 ;
which was read the first time.
The reconsidered bill to incorporate the Habersham and
Union Turnpike Company, and to grant certain privileges
to the same, was taken up, and recommitted.
The report being amended and agreed to, the bill was
read the third time, and passed.
Mr. Sapp presented the petition of a large number of the
citizens of Muscogee county, praying that Theophilus
Bryan be licensed to practice medicine, without under¬
going a formal examination.
Which was referred to a select committee, consisting of
Messrs. Sapp, Flournoy, of Muscogee, and Wingfield, with¬
out being read.
The following message was received from the Senate, by
Mr. Bailey, their Secretary: •
Mr. Speaker: The Senate has passed the following bills,
to wit:
A bill to alter and change the line between the counties of
Walker and Dade.
A bill to authorise constables to serve processes, and per¬
form other acts pertaining to their office in any district in the
county, in certain cases therein specified.
288
A bill to incorporate the Irwin Factory Company, in the
county of Irwin.
A bill to alter and amend the 43d section of the 4th di¬
vision of the penal code.
A bill to provide for taking the evidence of parties to
suits at law, to be used on the trial of their cases.
A bill to repeal an act to prevent the several banks of this
State from selling or disposing of exchange, at a higher rate
per cent, than therein expressed, under certain conditions,
and to prescribe the mode of punishment for a violation of
the same, assented to, 23d December, 1839.
A bill to regulate slaves and free persons of color, in the
counties of Mcintosh and Liberty, assented to, 21st De¬
cember, 1839.
A bill to incorporate the Presbyterian Church, of Roswell,
Cobb County.
A bill to alter and change the name of Salem, the county
site of Dade county, to that of Trenton.
A bill to incorporate the several academies therein named,
and to appoint trustees for the same, and to confer certain
rights and privileges upon the same.
The Senate has also agreed to a resolution, requiring our
Senators and Representatives in Congress, to exert their in¬
fluence for the establishment of a mail-route from the city of
Brunswick, in Glynn county, Georgia, by the way of Quincy
or Tallahasse, to the Chattahoochee, in Florida.
Also—a resolution authorising his Excellency, the Gov¬
ernor, to draw his warrant in favor of the tax collectors of
such counties, as have paid a certain portion of the taxes
under the act of 1839, that the same may be refunded to
said counties.
Also—has agreed to the report of the judiciary committee,
in reference to so much of the communication of his Excel¬
lency, the Governor, as relates to the tax act for the year
1840.
To all of which, the concurrence of the House of Repre¬
sentatives is desired.
The following message was received from his Excellency,
the Governor, by his Secretary, Mr. Horne; and ordered to
lie on the table for the present.
Executive Department, )
Milledgeville, 9th Dec. 1840. )
I consider it due to Mr. Ezekiel Root, the artist who con¬
structed the granite steps to the Capitol, to bring to the
notice of the Legislature, his claim for a balance due him
under a contract made with the commissioners of public
buildings, as the agent of the State. I communicate an ex¬
tract from .a letter addressed by him to me, and also the
'•copy of a letter from the commissioners, in reply to a note
from me, requesting them to state the difficulties which pre¬
sented the payment. It appears that the-commissioners, un¬
der a misapprehension of the amount of -the appropriation,
agreed to pay for the work, a sum exceeding that appro¬
priated, two thousand dollars. As this error seems to have
-been unintentional on the part of the commissioners, and
without the fault of the contractors, justice would seem to
demand of you the payment of the sum yet due, with inter¬
est, from the time that it should have been paid by the con¬
tract.
I also transmit the copy of a letter from the Inspectors of
the Penitentiary, accompanied by an account for work done
by that institution for the State.
I also place before you the copy of a letter from Colonel
■S. A. Wales, giving information of the death of Brigadier
'General Benjamin F. Pattqn, of Habersham county, of the
the first brigade, of the seventh division—by which that
-office has become vacated. 4
charles j. Mcdonald.
The House resumed the unfinished business of Tuesday
last, being the report on the bill to appropriate money for
the political year 1841.
The following portion of the first section : " And the sum
-of dollars each, for every twenty miles, in
-coming to, and going from, the seat of government," being
read,
Mr. Flournoy, of Washington, moved to fill the blank
with " five which was agreed to.
Whereupon, the yeas and nays were required to be re¬
corded, and are, yeas 97, nays 80.
Those who voted in the affirmative, are Messrs.
Alexander, Chipley, Flournoy, of Wash-
Anderson of Chat- Covenah, ington,
ham,
■Ashley,
Atkinson,
Barclay,
Beavers,
Bed,
Bethea,
Brown, of Bibb,
Bryan, of Wayne,
Cannon,
Carroll,
Chandler,
'Chapman,
Chester,
,10
Cooke, Ford of Cherokee,
Crutchfield, Ford, of Lee,
Daniel of Thomas, Gathright,
Green, of Forsyth,
Green of Macon,
Hah,
Hampton,
Hardage,
Dark,
Davenport,
Dawson,
Dixon of Walker,
Dufour,
Ellis,
Erwin,
Espy,
F arnall,
Flournoy of Musco- Hibbert
gee, Hitchcock,
Hardy,
Harrison
dolph,
Hendry,
of Ran-
290"
Hotchkiss,
Hubbard,
Hudgins,
Johnson of Appling
Johnson of Heard,
Jones of Columbia,
King,
Lawson,
Lee,
Lefils,
Liddle,.
Lynch,
Mann of Tattnall,
Martin of Morgan,
McCall,
McCrimmon,
McGahagan,
McMath,
McMillen. of Jack¬
son,
McMillian, of
Thomas,
Millen,
Moore,
Morris, of Murray,,
Moultrie,
Mulkey,
Nash,
Nixon,
Pettee,
Pitts,
Price,.
Roberts,.
Rodgersr
Sanders,
Sapp,
Sermons,
Sheffield,
Shropshire,
Smith,
Stewart of Mcintosh
Stuart of Ware,
Stiles,
Stone,
Tanner,.
Thomas,.
Thompson,.
Trayler,
Waldhour,
Wales,
Webb,
Whigham of Macon
Whitfield,
Williams of Bulloch..
Those who voted in the negative', are Messrs.
Anderson of Frank- Hardeman, Pitman,
lin, Hardman, Preston,.
Anderson of WarrenHarrison, of PutnamPryor,
Bentley, Harris, Rea,,
Boynton, Hatcher, Read,
Brown of Houston, Howard, Reeves,
Burt, Hunter, Reynolds,
Carlton,, Johnson of Troup, Rhodes,
Chappell, Jones of Franklin, Richardson,
Collier, Jones of Harris,
Crawford, of Ogle-Jones, of Monroe,
thorpe, Keaton,
Crawford, of Rich- Long,
mond, Loyall,
Cutright, Mann of Morgan,
Daniel of Greene, Martin, of Gwinnett, Taylor,
Robinson of Jasper,
Sanford,
Shaw,
Stroud of Clark,
Stroud of Walton,
Sumner,
Darden, of Troup, Maxwell,
Darden of Warren, May, of Warren,
Davis,
Delauney,
Dodson,
Emanuel,
Evans,
Fitzpatrick,
Foster,
F ranks,
Hagerman,
Hammond,
Meadows,
Mitchell,
Moon,
Morris of Cobb,
Toombs,
Towles,
Turner,
Warren,
Welborne,
West,
MurpheyofDeKalb White of Jasper,
Neal, White of Pike,
O'Neal, Whitworth,
Osborne, Williams of Harris,
Palmer, Williams, of Talbot,
Parks, Wingfield.
And the following portion of the first section: " The sunt
291
of dollars each, per day, to the members of the
General Assembly during their attendance," was read,
And on motion to fill the blank with " five," it was de j
termined in the affirmative.
Whereupon, the yeas and nays were required to be re¬
corded, and are, yeas 94—nays 84.
Those who voted in the affirmative, are Messrs.
Alexander,
Ashle^,
Atkinson,
Barclay,
Beavers,
Bell,
Bethea,
Brown of Bibb,
Bryan of Wayne,
Cannon,
Carroll,
Chandler,
Chapman,,
Chester,
Chipley,
Covenah,
Cooke,
Millen,
Moore,
Morris of Murray,
Moultrie,
Mulkey,
Nash,
Daniel, of Thomas, King,
Green of Forsyth,
Greene of Macon,
Hall,
Hampton,
Hardage,
Hardy,
Harrison of Ran- Nixon,
dolph, Pettee,
Hendry, Pitts,
Hibbert, Price,
Hitchcock, Roberts,
Hotchkiss, Rodgers,
Hubbard, Sanders,
Hudgins, Sapp,
Johnson of Appling, Sermons,
Johnson of Heard, Sheffield,
Jones of Columbia, Shropshire,
Lawson,
Lee,
Lefils,
Liddlej
Mann of Tattnall,
Mays of Cobb,
McCall,
McCrimmon,
McDuffie,
Dark,
Davenport,
Dawson,
Dixon of Walker,
Dufour,
Ellis,
Erwin,
Espy,
F arnall,
Flournoy of Musco- McGahagan,
gee, McMath,
Flournoy of Wash- McMillen of Jack
ington, son,
Ford of Cherokee, McMillian of
Gathright, Thomas, *
Those who voted in the negative, are Messrs.
Anderson of Frank- Bryan of Houston, Cutright,
lin, Burt, Daniel, of Greene,
Anderson ofWarrenCarlton, Darden of Troup,
Bentley, Crawford of Ogle-Darden of Warren,
Bigham, thorpe, Davis,
. Boynton, Crawford of Rich- Delauney,
Brown, of Houston, mond, Dodson,
Smith,
Stewart,of Mcintosh
Stuart of Ware,
Stiles,
Tanner,
Thomas,
Thompson,
Trayler,
Waldhour,
Wales,
Webb,
Welborne,
Whigham of Macon,
Whitfield,
Williams of Bulloch,
Wilson.
292
Emanuel,
Evans,
Eitzpatrick,
Ford of Lee,
Foster,
F ranks,
Hagerman,
Hammond,
Hardeman,
Hardman,
Mann, of Morgan, Richardson,
Martin of Morgan, Robinson, of Jasper,
Martin of Gwinnett, Sanford,
Harrison,of PutnamNeal,
Maxwell,
May, of Warren
Meadows,
Mitchell,
Moon,
Morris of Cobb,
Murphey,of DeKalbT arver,
Shaw,
Stephens,
Stone,
Stroud of Clark,
Stroud of Walton,
Sumner,
Harris,
Hatcher,
Howard,
Hunter,
Johnson, of Troup
O'Neal,
Osborne,
Palmer,
Parks,
Preston,
Jones of Franklin,, Pryor,
Jones, of Harris,
Jones, of Monroe,
Keaton,
Long,
Loyall,
Taylor,
Toombs,
Towles,
T urner,
Warren,
West,
White of Jasper,
White of Pike,
Whitworth,
Williams of Harris,
Williams of Talbot*
Wingfield.
Rea,
Read,
Reeves,
Reynolds,
Rhodes,
And the following portion of the fourth section : " That
the sum of fifteen hundred dollars be appropriated to the
President of the Board of Commissioners of the Western
and Atlantic Rail Road," being read,
Mr. Hardage moved to strike out " fifteen hundred,"
Whereupon, the yeas and nays were required to be re¬
corded, and are yeas 55, nays 99.
Those who voted in the affirmative, are Messrs.
Anderson of Frank- Green of Forsyth, Moultrie,
lin, Hardage, Murphey of DeKalb
Anderson of War- Harris, Nixon,
Hatcher, Palmer,
Hendry, Parks,
Hotchkiss, Preston,
Hunter, Price,
J ohn son of Appling, Pryor,
Johnson of Troup, Read,
Jones of Franklin,
Jones of Harris,
Jones of Monroe,
ren,
Barclay,
Beavers,
Bqntley,
Bigham,
Carlton,
Chandler,
Chapman,
Collier,
Covenah,
Crutchfield,
Cutright,
Dawson,
Erwin,
Fitzpatrick,
Franks,
King,
Lee,
Loyall,
Mays of Cobb,
Mitchell,
Moon,
Morris of Cobb,
Reynolds,
Roberts,
Robinson, of Jasper,
Stroud of Walton,
Sumner,
Tarver,
Taylor,
Thompson,
Welborne,
Wilson.
293
Those who voted in the negative, are Messrs*
Alexander, Gathright,
Anderson of Chat- Greene of Macon,
ham, Hagerman,
Ashley, Hall,
Atkinson, Hammond,
Bell, Hampton,
Bethea, Hardeman,
Brown of Houston, Hardman,
Bryan of Houston, Hardy,
Bryan of Wayne, Harrison of
Moore,
Mulkey,
Neal,
Nash,
O'Neal,
Osborne,
Pitman,
Rea,
Rhodes,
Ran- Richardson,
Sanders,
Sapp,
Sermons,
Shaw,
Sheffield,
Shropshire,
Burt, dolph,
Carroll, Hibbert,
Chappell, Hitchcock,
Chipley, Hubbard,
Cooke, Hudgins,
Crawford of Ogle- Johnson of Heard,
thorpe, Jones of Columbia, Smith,
Crawford of Rich- Keaton, Stephens,
mond, Lawson, Stewart,of Mcintosh
Daniel of Greene, Lefils, Stuart of Ware,
Daniel of Thomas, Lynch, Stone,
Darden of Troup, Mann, of Morgan, Stroud of Clark,
Darden of Warren, Martin of Gwinnett, Tanner,
Dark,
Davenport,
Delauney,
Ellis,
Emanuel,
Evans,
F arnall,
Flournoy of Mus¬
cogee,
Flournoy, of Wasb
ington,
Ford, of Lee.,
Foster, '
Maxwell,
May of Warren,
McCall,
McCrimmon,
McDuffie,
McGahagan,
McMath,
Thomas,
Toombs,
Towles,
Trayler,
Wales,
Warren,
West,
McMillen of Jackson Whigham, of Macon
McMillian of
Thomas,
Meadows,
Milieu,
White of Jasper,
White of Pike,
Whitworth,
Williams, of Harris.
So the motion was lost.
Mr. Shaw moved the following additional seetion, to wit:
And be it further enacted, That the further sum of
dollars, be, and the same is hereby appropriated, to be ex¬
pended in the erection and completion of the Lunatic Asy¬
lum, in conformity with laws heretofore enacted.
Mr. Crawford, of Richmond, moved to fill the blank with
nine thousand."
Whereupon, the yeas and nays were required to be re¬
corded, and are, yeas 96, nays 64.
294
Those who voted In the affirmative, are Messrs.
Anderson of Chat'm.Hall, Morris, of Cobb,
Ashley, Hammond, Mulkey,
Atkinson, Hampton, Murphey, of Wil-
Boynton, Hardeman, kinson,
Brown of Bibb, Hardman, Nash,
Brown of Houston, Hardy, Nixon,
Bryan of Houston, Harrison, of PutnamO'Neal,
Carlton,
Carroll,
Chipley,
Covenah,
Cooke,
Crawford, of Ogle¬
thorpe,
Harrison of Rand'h. Osborne,
Hibbert,
Hitchcock,
Hotchkiss,
Howard,
Hubbard,
Johnson of Heard,
Crawford of Rich'd Johnson of Troup,
Outright, Jones of Columbia, Eodgers,
Daniel, of Greene, Jones of Harris, Shaw,
Daniel of Thomas, Jones of Monroe,
Darden of Troup, Keaton,
Davenport, King,
Davis, Lefils,
Delauney, Liddle,
Ellis, Loyall,
Emanuel, Lynch,
Evans, Mann of Morgan,
Flournoy of Mus- Mann of Tattnall,
cogee, Martin of Morgan,
Flournoy of Wash- Maxwell,
ington, McCrimmon,
Ford of Lee, McGahagan,
Foster,
Gathright,
Greene of Macon,
Hagerman,
Those who voted in the negative, are Messrs.
Anderson of Frank- Darden of Warden, Johnson of Appling;
Pettee,
Pitts,
Preston,
Pryor,
Rea,
Reynolds,
Rhodes,
Shropshire,
Stuart of Ware,
Stone,
Thomas,
Toombs,
Trayler,
Waldhour,
Wales,
Welborne,
West,
White of Jasper,
Whitfield,
Whitworth,
McMillianof Tho's. Williams of Harris,
Millen, Williams of Talbot.
Moore, Wingfield.
lin, Dark,
Anderson ofWarrenDawson,
Bell,
Bentley,
Bethea,
Bigham,
Bryan of Wayne>
Burt,
Cannon,
Chandler,
Collier,
Crutchfield,
Dixon of Walker,
Dodson,
Fitzpatrick,
Ford of Cherokee,
F ranks,
Hardage,
Harris,
Hatcher,
Hendry,
Hunter.
Jones, of Franklin,
Lawson,
Lee,
Martin of Gwinnett,
Mays, of Cobb,
May, of Warren,
McCall,
McDuffie,
McMillenof Jackson
Meadows,
Mitchell,
Moon,
295
Moultrie, Richardson, Tarver,
Murphey of DeKalbRoberts, Taylor,
Neail, 'Sanford, Thompson,
Palmer, Smith, Towles,
Parks, Stephens, Turner,
Pitman, Stroud of Clark, Webb,
Price, Stroud of Walton, White of Pike,
Read, Sumner, Williams of Bulloch.
Sleeves, Tanner,
So the motion prevailed.
Mr. Stephens offered the following additional section:
And be it further enacted, That the sum of five thousand
"two hundred and eighty-two dollars and sixty-six cents, be,
and the same is hereby appropriated, for the payment of the
claim of the heirs of Captain ©avid McCullough against the
State, both for principal and interest, according to resolution
;of this House; and that his Excellency, the Governor, be
authorised to pay the same to the heirs, or legal representa¬
tives of said ©avid McCullough, deceased; which was read,
and received.
Whereupon, the yeas and nays were ordered to be re¬
corded, and are yeas 83, nays 79.
Those who voted in the affirmative, are Messrs.
Alexander, Dodson, Puddle,
Anderson, of Chat- Emanuel, Long,
ham, Evans, Lynch,
Anderson of WarrenFlournoy, of Mus- Mann, of Morgan,
Ashley, cogee, Maxwell,
Be the a, Flournoy of Wash- McCrimmon,
Brown, of Bibb, ington, McGahagan,
{Brown, of Houston,Ford of Lee, McMillian, of
Bryan, of Houston, Foster, Thomas,
'Carlton, Gathright, Meadows,
Chapman, Greene, of Macon, Millen,
©hipley, Hagerman, Moore,
Covenah, Hammond, Morris, of Cobb,
Cooke, Hampton, Mulkey,
Crawford of Ogle- Hardeman, Nash,
thorpe, Hardy, Osborne,
Crawford of Rich'mHarrison of Putnam,Preston,
©utright, Hitchcock, Pry or,
Daniel df Greene, Hotchkiss, Rea,
Daniel of Thomas, Hubbard, Reeves,
Darden of Troup, Johnson, of Heard, Rhodes,
Davenport, Johnson of Troup, Shaw,
Davis, Jones of Monroe, Stephens,
Delauney, KinStuart, of Ware,
296
Stroud, of Clark, Waldhour, Whitfield,
Taylor, Wales, Whitworth,
Thomas,. Warren, Williams of Harris,.
Toombs, West, Wiliams of Talbot,,
Trayler, White of Jasper, Wingfield.
Those who voted in the negative j are Messrs-
Anderson* of Frank-Harris, Neal,
lin, Hatcher,. O'Neal,.
Beavers,. Hendry, Palmer,.
Bell, Hibbert, Parks*,
Bigham, Howard, Pettee,
Boynton,, Hudgins, Price,
Brown of Fayette, Hunter, Read,
Burt, Johnson of Appling, Reynolds,
Cannon,. Jones of Franklin, Richardson,.
Carroll, Jones-of Harris, Roberts,
Chandler, Keaton, Rodgers,
Collier, Lawson, Sanders,
Crutchfield, Lee, Sanford,
Harden of Warren, Mann, of Tattnall,. Sheffield,
Hark, Martin, of Morgan, Shropshire,
Hawson, Mays, of Cobb, Smith,
Hixon, of Walker, May of Warren,. Stroud, of Waltor:?,.
Hufour,, McCall, Sumner,
Ellis, McDuffie, Tanner,
Erwin,.. McMillen of JacksonT arver,
Espy, Mitchell, Thompson,.
Fitzpatrick Moon, T'owles,
Ford of Cherokee, Morris of Murray, Turner,
Franks, Moultrie, Webb,
Green of Forsyth, MurpheyofHeKalb Welborne,
Hardage, Murphey of Wilkin- White of Pike,..
Hardman, son,, Wilson.
The report being, amended, was agreed to;
The bill was read the third time, and passed.
The following communication was received from his Exp¬
ediency the Governor, by Mr. Home, his Secretary:
Mr. Speaker: His Excellency, the Governor, has assented
to, and signed an act, to repeal an act, to establish a general
system of education by common schools, assented to, 26th
Hecember, 1837 ; also an act, to amend an act, to establish
a general system of education by common schools, assented
to, 29th Hecember, 1S38, and to change the common school
fund in the State of Georgia, to a poor sohool fund., and to1
provide for distributing the same.
Which, I am directed to return to this branch of the Gen¬
eral. Assembly, where it originated..
297
The House took up the report on the bill to incorporate1
the Methodist Episcopal Church, at New Hope, in Lincoln
county, and to appoint trustees for the same ; and amended,,
and agreed thereto.
The bill was read the third time, and passed.
Also—the report on the bill for the relief of John H.
Mount; ad agreed thereto.
The bill was read the third time, and lost.
Also—the report on the bill to alter and change the name
of Madison Greenlea Todd, to that? of Madison Greenlea
Bryan, of Dooly county ; and agreed thereto.
The bill was read the third time, and passed.
Also—the report on the bill to authorise John D. Staple-
ton, H. W. Spear, Jonas Griffin, and their heirs, to erect a
toll-gate on the turnpike, over the Kinchafbona Swamp, in
the county of Stewart, on the land of the aforesaid John D.
Stapleton, and to collect toll for the same; and agreed
thereto.
The bill was read the third time, and upon the question,
Shall this bill now pass ? the yeas and nays were required
to be recorded, and are yeas 48, nays 102.
Those who voted in the affirmative, are Messrs.
McGahagan,
Meadows,
Moore,
Morris, of Cobb,
Nash,
Parks,
Ashley, Ford, of Lee,
Boynton, F oster,
Brown of Bibb, Franks,
Brown of Houston, Hammond,
Chappell, Hampton,
Chester, Hardeman,
Cooke, Harrison, of PutnamRea,
Crawford of Rich- Hotchkiss, Shaw,
mond, Johnson of Heard, Stephens,
Cutright, Johnson of Troup, Stroud, of Clark,
Daniel oil Greene Jones of Monroe, Taylor,
Daniel of Thomas, King, Toombs,
Davis, Loyall, Welborne,
Delauney, Mann of Morgan, West,
Evans, Mann, of T attnall, Whigham of Macon;
Flournoy of Wash- Martin, of Morgan, White, of Jasper,
ington, McCrimmon, Wingfield.
Those who voted in the negative, are Messrs.
Anderson, of Chat- Bell, Chipley,
ham, Bigham, Collier,
Anderson of Frank- Bryan, of Wayne, C rutchfield,
lin, Carlton,
Anderson of WarrenCannon,
Atkinson, Carroll,
Barclay, Chandler,
Beavers, Chapman,
Darden of Troup,
Darden of Warren.
Dark,
Davenport,
Dawson,
298
Dixon of Walker,
Dufour,
Ellis,
Espy, Maxwell,
Farnall, Mays of Cobb,
Fitzpatrick, May of Warren
Ford of Cherokee, McDuffie,
Lee, Richardson,
Lynch, Roberts,
Martin of Gwinnett, Rodgers,
Sanders,
Sanford,
Sapp,
Gathright,
Green of Forsyth,
Hagerman,
Hall,
Hardage,
Hardman,
Hardy,
McMath,
Sheffield,
Shropshire,
McMillen of Jack- Smith,
Stewart of Mcintosh
son,
Mitchell,
Moon,
Moultrie,
Murphey of DeKalbSumner,
Stuart of Ware,
Stone,
Stroud, of Walton,
Harrison of Rand'phMurphey,of Wilkin- Tanner,
Harris,
Hatcher,
Hendry,
Hibbert,
Hitchcock,
Howard,
Hubbard,
Hudgins,
Hunter,
son,
Neal,
Nixon,
Osborne,
Palmer,
Pettee,
Pitts,
Price,
Pryor,
Johnson of Appling,Read,
Jones, of Franklin, Reeves,
Keaton, Rhodes,
Lawson,
So the bill was lost.
Tarver,
Thompson,
Turner,
Wales,
Warren,
Webb,
White of Pike,
Whitfield,
Whitworth,
Williams of Bulloch
Williams, of Harris,
Wilson.
The House then adjourned until 3 o'clock, this afternoon.
Three o'clock, P. M.
The House met pursuant to adjournment.
On motion of Mr. Osborne,
The order was suspended, when he offered the following
resolution:
jResolved, That both branches of the General Assembly
will convene in the Representative Chamber, on Tuesday
next, at the hour of 12 o'clock, M. for the purpose of pro¬
ceeding to the election of a Judge and Solicitor of the
Southwestern Circuit; also, for a Brigadier General, for the
first brigade, of the seventh division, G. M., to fill the va¬
cancy occasioned by the death of B. F. Patton; which was
299
read and agreed to : And the Clerk, was directed to carry
the same forthwith to the Senate.
The following message was received from the Senate, by
Mr. Bailey, their Secretary, to wit.
Mr Speaker: The Senate has concurred with the House of
Representatives, in the following resolutions, to wit:
A resolution abolishing the office of Geological Surveyor
of the State of Georgia.
Also—a resolution requiring our Senators and Representa¬
tives in Gongress to exert their influence to establish a line
of mail-stages, from Newnan, Coweta County, by certain
points therein named, to Lafayette, Chambers county,
Alabama.
Also—has concurred with the House of Representatives,
in the report of the committee to whom was referred so
much of the message of his Excellency, the Governor, as
relates to the claim of Messrs. Charles Dougherty, James A.
Meriwether, and Samuel A. Wales, for professional services
rendered at the instance of the State of Georgia, and author¬
ising his Excellency, the Governor, to draw his warrant
upon the treasury, in favor of Samuel A. Wales, for said
professional services.
Also—a resolution authorising his Excellency, the Gov¬
ernor, to transmit with the Laws and Journals of the present
session, Dawson's Compilation, with certain digests, to the
county of Dade, for the use of said county.
Also—a resolution authorising his Excellency, the Gover¬
nor, to furnish the Volunteer Guards, of Savannah, with a
certain number of muskets, for the use of said company.
Also—has concurred, by substitute, in the resolution of
the House of Representatives, relative to the amount of
academic poor school fund, and common school funds, and
authorising his Excellency, the Governor, to cause to be
paid to the Senators, said sums due to the several counties
of the State.
To which, the concurrence of the House of Representa¬
tives, is desired.
The House took up the report on the bill to enable per¬
sons owning lands, to maintain the action of trespass, with¬
out being in the actual possession and occupancy thereof, &c.;
and agreed thereto.
The bill was read the third time, and lost. "
Also-—the report on the bill to define the dignity of open
accounts, in the distribution of decedent's estates; and
agreed thereto.
The bill was read the third time, and passed.
Also-—the report on the bill to compensate the grand and
300
petit jurors of the several counties hereinafter named, and
to provide for the payment of the same, so far as relates to
the county of Scriven, assented to, 23d December, 1837,
and lor other purposes hereinafter mentioned; which was
postponed for further consideration.
Also—the report on the bill to authorise the mayor and
council of the city of Columbus, to define the limits of Bay
street, in said city, and to lay off a portion of said street,
and of the north common of said city, into water lots, and
to dispose of the same ; and agreed thereto.
The bill was read the third time, and passed.
On the passage of the bill, the yeas and nays were ordered
to be recorded, and are yeas 109, nays 59.
Those who voted
Alexander,
Anderson ofChat'm.
Bell,
Bentley,
Bigham,
Boynton,
Brown of Bibb,
Bryan of Houston,
Bryan of Wayne,
Burt,
Carroll,
Chapman,
Chappell,
Chester,
Chipley,
Covenab,
Cooke,
Crawford, of Ogle¬
thorpe,
Crawford, of Rich¬
mond,
Cutright,
Daniel, of Green,
Daniel of Thomas,
Davenport,
Delauney,
Emanuel,
Erwin,
Evans,
Farnall,
Fitzpatrick,
Flournoy, of Mus¬
cogee,
Ford of Cherokee,
Ford of Lee,
in the affirmative, are Messrs.
Meadows,
Millen,
Moore,
Morris of Cobb,
Moultrie,
Mulkey,
Murphey of DeKalb
Murphey of Wilkin¬
son,
Foster,
F ranks,
Greene of Macon,
Hagerman,
Hall,
Hammond,
Hampton,
Hardman,
Hardy,
Harrison of Putnam Nash,
Harrison, of Ran- Nixon,
dolph, O'Neal,
Hitchcock, Osborne,
Hotchkiss, Parks,
Howard, Preston,
Plubbard, ' Price,
Hunter, Pryor,
Johnson of Appling, Rea,
Johnson, of Troup, Reeves,
Jones, of Columbia,Reynolds,
Jones, of Harris,
Jones, of Monroe,
King,
Lefils,
Liddle,
Loyall,
Lynch,
Mann, of Morgan,
Mann, of Tattnall,
Martin of Gwinnett, Stiles,
Maxwell, Stone,
McCall, Taylor,
McGahagan, Toombs,
McMath, Trayler,
McMillian of Tho's. Wales,
Rhodes,
Richardson,
Sapp,
Sermons,
Shaw,
Shropshire,
Stephens,
Stewart of Mcintosh
Stuart, of Ware,
301
Warren, Whigham of Macon, Whitworth,
Welborne, White, of Jasper, Williams of Harris?
West, Whitfield, Williams, of Talbot#
Those who voted in the negative, are Messrs.
Anderson, of F rank- Flournoy, of Wash'nPalmer,
lin, Gathright, Pettee,
Anderson, of War- Green, of Pike, Read,
ren, Hardage, Roberts,
Ashley, Harris, Robinson, of Jasper,
Barclay, Hatcher, Rodgers,
Beavers, Hibbert, Sanford,
Carlton, Hudgins, Sheffield,
Cannon, Johnson, of Heard, Smith,-
Chandler, Jones, of Franklin, Stroud, of Walton,
Collier, Keaton, Sumner,
Crutchfield, Lawson, Tanner,
Harden of Troup, Lee, Tarver,
Harden, of Warren,Mays, of Cobb, Thompson,
Hark, May of Warren, Towles,
Havis, McCrimmon, Turner,
Hawson, McMillen, of Jack-Webb,
Bixon, of Walker, son, White of Pike,
Bufour, Mitchell, Williams of Bulloch
Ellis, Moon, Wilson.
Espy, Neal,
Also—the report on the bill to authorise the Justices of the
Inferior Court of Cobb county, or a majority of them, to
levy an extra tax, for the purpose of paying the former
sheriff and jailor of said, county, for the apprehension, con¬
fining in jail, and bringing to trial, sundry Irishmen, indicted
for murder in said county, and for other purposes; and
agreed thereto.
The bill was read the third time, and passed.
Also—the report on the bill to prevent the employment of
slaves or free persons of color, as captains, or patroons of
boats and boxes upon the Ocmulgee and Altamaha Rivers,,
except in certain cases herein specified; and agreed thereto.
The bill was read the third time, and passed.
Also-—the report on the bill to authorise specie-paying
banks, to issue and circulate bills of as low a denomination
as one dollar ; and agreed thereto.
The bill was read the third time, and on the question,
Shall this bill now pass ? the yeas and nays were required
to be recorded, and are yeas 67, nays 104.
Those who voted in the affirmative are Messrs.
Anderson of War- Ashley, Bell,
ren, Atkinson, Bigham,
302
Brown of Houston,
Bryan of Houston,
Bryan, of Wayne,
Chapman,
Chappell,
Chester,
Covenah,
Crawford of Rich¬
mond,
Cutright,
Daniel, of Thomas,
Darden, of Troup,
Darden, of Warren,
Davis,
Dixon, of Walker,
Dufour,
Emanuel,
Evans,
F arnall,
Fitzpatrick,
Flournoy, of Mus¬
cogee,
Flournoy, of Wash¬
ington,
Ford, of Lee,
Franks,
Greene, of Macon,
Hammond,
Hardman,
Hardy,
Hendry,
Hitchcock,
Hunter,
Jones of Harris,
Keaton,
King,
Liddle,
Mann, of Tattnall,
Martin of Gwinnett,
Maxwell,
May of Warren,
McMillian, of
Thomas,
Moore,
Nash,
Parks,
Pitman,
Preston,
Pryor,
Rhodes,
Richardson,
Sapp,
Shaw,
Sheffield,
Shropshire,
Stephens,
Stuart of Ware,
Stroud, of Clark,
Tarver,
Thomas.
Warren,
Webb,
West,
White, of Jasper,
Williams of Harris.
Wilson.
Those who voted in the negative, are Messrs.
Alexander, ^ Ellis,
Anderson, of Chat-Erwin,
ham, Espy,
Anderson, of Frank-Ford of Cherokee,
Foster,
Gathright,
Green of Forsyth,
Green, of Pike,
Hagerman,
Hall,
Hampton,
Hardage,
Hardeman,
lin,
Barclay,
Beavers,
Bentley,
Boynton,
Brown, of Bibb,
Burt,
Carlton,
Cannon,
Carroll,
Chandler,
Chipley,.
Collier,
Cooke,
Crawford, of Ogl'e.Hibbert,
Crutchfield, Hotchkiss,
Daniel of Greene,
Dark,
Davenport,
Dawson,
Delauney,
Dodson,
Jones, of Columbia,
Jones, of Franklin,
Jones, of Monroe,
Lawson,
Lee,
Lefils,
Long,
Loyall,
Lynch,
Mann of Morgan,
Mays, of Cobb,
McGahagan,
McMath,
Harrison of Putnam McMillen of Jackson
Harrison, of Ran-Meadows,
dolph,
Harris,
Hatcher,
Howard,
Hubbard,
Hudgins,
Johnson of Appling,
Johnson of Heard, Neal,
Johnson, of Troup, Nixon,
Millen,
Mitchell,
Moon,
Morris, of Cobb,
Morris, of Murray,
Moultrie,
Murphey, o'fDeKalb
Murphey, of Wilkin¬
son,
303
O'Neal, Robinson, of Jasper, Thompson,
Osborne, Sanford, Toombs,
Palmer, Sermons, Towles,
Pettee, Smith, Trayler,
Price, Stewart of M'Intosh Turner,
Rea, Stone, Welborne,
Read, Stroud of Walton, White of Pike,
Reeves, Sumner, Whitworth,
Reynolds, Tanner, Williams,ofBulloch,
Roberts, Taylor, Williams, of Talbot.
So the bill was lost.
Also—the report on the bill to alter and amend the several
laws regulating the repair of, and work on roads in this
State, so far as relates to the county of Hancock, and to
regulate the letting out, and discontinuing of bridges, in
said county.
Which, on motion, was postponed for further consideration.
Also—the report on the bill to amend the 33d section of
the 4th division of the penal code of this State, and to define
the crime of rape ; and disagreed thereto.
The House took up the report on the bill for the relief of
honest debtors, when Mr. Carlton offered a substitute for
the same.
It was moved to postpone the report and substitute, in¬
definitely ; which was decided in the affirmative.
Whereupon the yeas and nays were required to be re¬
corded, and are Yeas 91, Nays 79.
Those who voted in the affirmative, are Messrs.
Anderson, of Chat- Harden, of Troup, Hampton,
ham, Darden of Warren, Hardage,
Anderson of WarrenD ark, Hardeman,.
Ashley, Davenport, Hardman,.
Atkinson, Dawson, Hardy,
Bethea, Delauney, Hatcher,
Bigham, Dixon, of Walker, Hendry,
Brown, of Bibb, Espy, Howard,
Bryan, of Houston, Evans, Hubbard,
Bryan, of Wayne, Flourno-y, of Mus- Hudgins,
Cannon, cogee, Hunter,
Chandler, Flournoy, of Wash- Johnson of Appling,
Chapman, ington, Jones of Columbia,
Covenah, Ford, of Cherokee, Jones, of Harris,
Cooke, ■ Ford of Lee, Lawson,
Crawford, of Ogle- Foster, Lee,
thorpe, Greene, of Macon, Liddle,
Crutchfield, Hagerman, Long,
Daniel, of Greene, Hall, Loyall,
Daniel, of Thomas, Hammond, Lynch,
304
Mann, of Morgan, Neal,
Mann, of Tattnall, Nash,
Martin, of G winnett,Osborne,
Tarver,
T aylor,
Thompson,
Toombs,
T rayler,
Wales,
Warren,
Webb,
West,
Stewart, ofMcIntoshWhite, of Jasper,
Stuart, of Ware, Williams, of Harris,
Stroud, of Clark, Wilson.
Maxwell, Parks.
May, of Warren, Pryor,
McCrimmon, Rea,
McGakagan, " Richardson,
McMillian, of Roberts,
Thomas, Stephens,^,
Meadows,
Millen,
Moon,
Moore,
Those who voted in the negative, are Messrs.
Alexander, Green, of Forsyth, Palmer,
Anderson, of Frank-Green, of Pike, Pettee,
lin, ' Harrison of Putnam,Preston,
Barclay, Harrison, ofRand'h.Price,
Beavers, Plarris, Read,
Bell, Hibbert, Reynolds,
Bentley, Hitchcock, Rhodes,
Boynton, Hotchkiss, Robinson, of Jasper,
Brown, of Houston, Johnson, of Heard, Sanford,
Burt, Johnson, of Troup, Sapp,
Carlton, Jones, of Franklin, Sermons,
Carroll, Jones, of Monroe,
Chapped, Keaton,
Chester, King,
Chipley, Lefils,
Collier, Mays, of Cobb,
Cutright, McMath,
Davis, McMillenof JacksonSumner,
Dodson, Mitchell, Tanner,
Dufour, Morris, of Cobb, Thomas,
Ellis, Morris of Murray, Towles,
Emanuel, Moultrie, Turner,
Erwin, Murphey, of DeKalbWelborne,
Earnall, Murphey, of Wil- White, of Pike,
Fitzpatrick, kinson, Whitworth,
Franks, Nixon, Williams of Bulloch.
Gathright, 'O'Neal, Williams of Talbot.
Mr. Chappell, from the Committee on Finance, to whom
had been referred, a bill to impose, levy and collect a tax
for the year 1841, on property both real and personal, and
to inflict penalties for refusing or neglecting to comply with
the provisions thereof, reported a substitute for the same.
The House took up the report on the bill to incorporate
the town of Jacksonboro', in the county of Scriven, and to
Shaw,
Sheffield,
Shropshire,
Smith,
Stone,
Stroud, of Walton,
305
'define the dnties and authority of the commissioners of the
same ; and agreed thereto.
The bill was read the third time and passed.
Leave of absence was granted to Mr. Hardman, for a
few days, on account of indisposition in his family.
The order was suspended, when Mr. Alexander intro¬
duced a bill to alter and fix the time of holding the Superior
Courts of the counties of Marion, Harris, and Stewart, of
the Chattahoochee Circuit, in this State, and the time of
holding the Inferior Court of said county of Stewart, and
regulate the mode of drawing and summoning grand and
petit jurors, in and for the counties of Talbot and Stewart,
in said Circuit"; which was read the first time.
Mr. Shropshire laid on the table the following resolution :
Resolved, That our Senators and Representatives in Con¬
gress, be, and they are hereby requested to exert their influ¬
ence to procure an appropriation of one hundred and eighty-
six dollars, for the payment of Dennis Hills, for services
rendered as issuing commissary to Major C. H. Nelson and
Major Pain's battalions, while in the service of the United
States.
The House was then adjourned to 9 o'clock, to-morrow
anor ning.
FRIDAY, December 11th, 1840.
Mr. Roberts moved to reconsider so much of the Journal
of yesterday, as relates to the passage of the bill to appro¬
priate money for the political year 1841, with the view to
reconsider particularly, the amendment making an appropri¬
ation in favor of the heirs of David McCullough.
Whereupon, the yeas and nays were required to be re¬
corded, and are yeas 45, nays 124.
Those who voted in the affirmative, are Messrs.
Anderson of Frank- Green of Forsyth, Long,
fin, Hardage, Mann of Tattnall,
Beavers, Harris, Mays of Cobb,
Bigham, Hatcher, May, of Warren,
Chandler, Hendry, McMillen of Jackson
Collier, Hunter, Mitchell,
Crutchfteld, Johnson, of Appling,Moon,
Darden of Troup, Jones of Franklin, Morris of Murray,
Darden of Warren, Jones of Harris, Murphey of De-
Dark, Keaton, Kalb,
Ford of Cherokee, Lee, Palmer,
20
SOS
Pettee, Sanford, Thompson,
Read, Stewart, ofMcIntoshTowles,
Roberts, Stroud, of Walton, Welborne,
Robinson, of Jasper,Sumner, Williams,of Bulloch.
Rodgers, Tanner,
Those who voted in the negative,, are Messrs.
Alexander, Franks, Nash,
Anderson of WarrenGathright, Nixon,
Ashley, Greene, of Macon, O'Neal,
Barclay, Green, of Pike, Osborne,
Bell, Hagerman, Parks,
Bentley, Hall, Pitts,
Bethea, Hammond, Preston,
Boynton, Hampton, Rea,
Brown, of Bibb, Hardeman, Reeves,
Bryan, of Houston, Hardman, Rhodes,
Bryan, of Wayne, Hardy, Richardson,
Burt,
Carlton,
Carroll,
Chapman,
Chappell,
Chester,
Chipley,
Cooke,
Harrison of PutnamSanders,
Harrison of Ran- Sapp,
dolph,
Hibbert,
Hotchkiss,
Hubbard,
Hudgins,
Johnson, of Heard
Crawford of Ogle- Johnson, of Troup,
thorpe, Jones, of Columbia,Stiles,
Crawford, of Rich-Jones, of Monroe, Stone,
mond, King,
Credille, Lawson,
Cutright, Liddle,
Daniel, of Greene, Loyall,
Daniel, of Thomas,Lynch,
Davenport,
Davis,
Dawson,
Delauney,
Dixon, of Walker,
Dodson,
Sermons,
Shaw,
Sheffield,
Shropshire,
Smith,
Stephens,
Stuart, of Ware,
Stroud of Clark,
Tarver,
Taylor,
Toombs,
Trayler,
Turner,
Ellis,
Emanuel,
Erwin,
Espy,
Farnall,
Fitzpatrick, Moultrie,
Flournoy, ol Wash-Mulkey,
ington, Murphey,
Ford, of Lee, kinson,
Foster, Neal,
Mann of Morgan,
Martin, of Gwinnett, Waldhour,
Maxwell, Wales,
McC omb, W arren,
McDuffie, Webb,
McGahagan, West,
McMath, Whigham of Macon,
McMillian,of Tho's, White of Jasper,
Meadows, White, of Pike,
Moore, Whitfield,
Morris, of Cobb, Whitworth,
Williams of Harris,
Williams of Talbot,
of Wil- Wilson,
Wingfield,
Wooten.
So the House refused to reconsider.
307
On motion of Mr. Brown, of Houston,
The House agreed to reconsider so much of the Journal
of yesterday, as relates to the rejection of the bill for the
relief of John H. Mount.
On motion of Mr. Murphey, of DeKalb,
Thp House agreed to reconsider so much of the Journal
of yesterday, as relates to the rejection of the bill to enable
persons owning lands to maintain the action of trespass,
without being in the actual possession and occupancy
thereof.
Mr. Barclay moved to reconsider so much of the Journal
of yesterday, as relates to the passage of the bill to authorise
the Mayor and Council of the city of Columbus, to define
the limits of Bay-Street in said city, and to lay off a portion
of said street, and of the North Common of said city, into
water lots, and to dispose of the same; which was refused.
Whereupon the yeas and nays were required to be re¬
corded, and are Yeas 58, Nays 107.
Those who voted in the affirmative are Messrs.
Anderson of Frank'lHarris, Palmer,
Barclay, Hendry, Pettee,
Beavers, Hibbert, Pitman,
Bryan of Houston, Hudgins, Pitts,
Bryan of Wayne, Hunter, Roberts,
Carlton, Jones of Franklin, Robinson, of Jasper,
Chandler, Keaton, Rodgers,
Collier, Lawson, Sanders,
Crutchfield, Lee, Sanford,
Darden of Troup, Mays, of Cobb, Smith,
Darden, of Warren,McDuffie, Stroud, of Walton,
Dark, McMillen, of Jack- Sumner,
Dixon, of Walker, son, Tanner, -
Ellis, Mitchell, Tarver,
Erwin, Moon, Thompson,
Espy, Morris, of Murray, Towles,
Farnall, Murphey, of Wil- Turner,
Gathright, kinson, Welborne,
Green, of Pike, Neal, White of Pike,
Hardage, Nixon, Williams ofBulloch.
Those who voted in the negative, are Messrs.
Alexander, Bigham, Chipley,
Anderson, of Chat-Boynton, Cooke,
ham, Brown of Houston, Crawford of Ogle-
Anderson of WarrenBurt, thorpe,
Ashley, Carroll, Crawford, of Rich-
Bell, Chapman, mond,
Bentley, Chappell, Credille,
Belhea, Chester, Cutright,
308
Daniel of Greene, Johnson of Heard,
Daniel of Thomas, Johnson of Troup,
Davenport, Jones of Harris,
Davis, Jones of Monroe,
Dodson, King,
Emanuel, Liddle,
Fitzpatrick, Loyall,
Flournoy of Mus- Lynch,
cogee, Mann, of Morgan,
Fiournoy of Wash- Mann of Tattnall,
ington, Martin of Morgan,
Ford of Cherokee, Martin of Gwinnett, Stuart of Ware,
Kea,
Read,
Reynold s>
Rhodes,
Richardson,
Sapp,
Shaw,
Sheffield,
Shropshire,
Stephens,
Stewart of Mcintosh
Ford of Lee,
F oster,
F ranks,
Green of Forsyth,
Greene of Macon,
Hagerman,
Hall,
Hammond,
Hampton,
Hardeman,
Hardman,
Hardy,
Maxwell,
May of Warren,
McComb,
McCrimmon,
McGahagan,
Stiles,
Stone,
Taylor,
Thomas,
Toombs,
Trayler,
Waldhour,
W arren,
Webb,
W est,
Whigham of Macon,
McMath,
McMillian of
Thomas,
Meadows,
Moore,
Morris of Cobb,
Murphey of DeKalb, White of Jasper,
Harrison of PutnamO'Neal, Whitfield,
Hatcher, Osborne, Whitworth,
Hotchkiss, Parks, Willliams of Harris,
Howard, Preston, Wilson,
Hubbard, Price, Wooten.
Johnson of Appling, Pryor,
Mr. Williams, of Talbot, moved to reconsider so much of
the Journal of yesterday, as relates to the disagreement of
the House to the report on the bill to amend the 33d section
of the 4th division of the penal code of this State, and to
define the crime of rape.
The House refused to reconsider.
On motion, the order was suspended, when Mr. Harde¬
man submitted the folllowing report; which was read, and
agreed to.
The select committee, to whom was referred the report of
the commissibners for the indigent deaf and dumb, made
the following
REPORT:
Your committee learned with great pleasure from the re¬
port of the commissioner, that the attainments of the bene¬
ficiaries of the legislative munificence of Georgia, in the
various branches of an English education, were highly
respectable, and that nine of them had returned to Georgia
309
with such fund of knowledge and improvement, 'as gives
promise that they will be able to support themselves in
coming years, respectably; and that they will live, to their
latest existence, monuments of the liberality of Georgia,
worthy of imitation. Four mutes yet remain at the Asylum.
The report of the commissioner is satisfactory, and in strict
conformity to the requirements of the law ; he accounts
fully for all moneys received, and has vouchers for every ex¬
penditure ; he has in hand, an unexpended cash balance of
$3,910 52, which, it is believed, will be sufficient to cover
the expenditures of the commissioner, for all the beneficia¬
ries the State now has, or is likely to have, at the American
Asylum, for the ensuing year ; should there be a deficiency,
the laws now existing, are sufficient to authorise the ad¬
vancement of other funds. The vouchers and report of the
commissioner accompany this report.
Mr. Boynton laid on the table the following resolution;
which was read, and agreed to.
Resolved, That his Excellency, the Governor, be author¬
ised to transmit with the Acts and Journals of the present
session, to the county Stewart, two copies each, of the new
Georgia Justice, and Prince's Digest, for the use of the
newly created district, No. 978, G.,M.
Mr. Hagerman offered the following resolution; which
was read, and agreed to.
Resolved, That the hours of meeting of this branch of the
General Assembly, shall be 9 o'clock, A. M., 3 o'clock, and
7 o'clock, P. M.
On motion of Mr. Wales,
The House took up the report of the select committee
upon the petition of William C. Osborne ; and agreed
thereto.
Mr. Murphey, of DeKalb, one of the committee to whom
was assigned the duty of enquiring into the situation and
management of the Central Bank, and the expediency of
repealing its charter, and who does not agree, with either the
majority or minority report of said committee, already re¬
ported, begs leave to submit the following
REPORT:
This remnant of your committee, from the examination
he has given, and the situation of the Bank as shown in the
report of the President, to his Excellency, the Governor,
which is believed to be correct, and the entire willingness on
the part of the officers of the Bank, to make a full exhibit
and explanation of the affairs and transactions of the Bank,
-so far as any enquiry was made a£ to its management, re¬
sources, and liabilities, is satisfied that the management of
the Bank has been correct, and this statement is in relation to
the present Board of Directors, to whose conduct this exam-
310
ination alone has been extended. Opposed to the banking
system generally, and particularly the abuse of its privileges,
I would be willing to join the majority and minority of the
committee, in their recommendation to repeal the charter of
the Central Bank, if the repealing clause could embrace all
other banks in this State, without great injury resulting to the
community. But as the banking system is . so intimately
connected with the interest of a large portion of the whole
community, as to require its continuation to an extent not
seen by me at present, and, perhaps, throughout all time to
come, I, with due deference to the opinions of others of the
committee who differ with me, deem it to be to the interest
of the community at large, to have a Bank of the State, and
the funds of the State, if made banking capital, placed there¬
in and under the control of the State, so that that portion of
the circulation of your State, that is issued upon the funds
of the State, may not emanate from the commercial cities
of your State, and the incorporated banking companies, and
immediately connected with individual interest. And as to
the constitutionality of the Central Bank, I look upon that as
a question long since settled ; believing as I do, that if the
State can become a banker in copartnership, and issue three
dollars to one on her funds paid in, in a banking company, she
may, under the same constitution, set up the same business
alone, and manage the whole concern herself, and issue two
to one upon her funds so vested.
I cannot therefore, join in recommending the repeal of the
charter of the Central Bank of Georgia. Bnt as there is a
prospect of a return to a general resumption of specie pay¬
ments by the banks of this State, and the heavy exactions
which have been, and will be made upon this Bank within a
short time, will render it unable to resume at the' time men¬
tioned and set apart for that purpose ; and, as I think it de¬
sirable and proper that it should do so, I would recommend
such restrictions in its future issues, and such aid to be given
it, as will effect that object, and prevent a second suspension
by it; and for the satisfaction of those who think the insol¬
vent debts now due the State, are made banking capital, and
to prevent issues thereon, if it is so, I would recommend,
that by Legislative restrictions, that be prevented.
In relation to the stock owned by the State, in the Bank
of the State of Georgia, and Bank of Augusta, I must be
permitted to disagree, believing that it will be risking a
great deal to sell the same at auction, as recommended by
the majority of the committee, and that it is almost imprac¬
ticable to sell the same at par, and at auction as recom¬
mended by the minority of your committee. I would re¬
spectfully recommend, that the same be disposed of under
the laws, as they now exist, and a sufficiency thereof, to
satisfy the debt due the Phoenix Bank, of New York, be
311
applied to that purpose, in such manner, and in such time,
as the Directors of the Bank may think best, and with the
least possible delay. And further, that the interest on our
bonds in foreign markets, be punctually paid by said Direc¬
tors, as it falls due. The bills of the Bank of Darien, now
in the Central Bank, I would consider well disposed of, by
allowing the Directors of the Bank to discount good paper
^with them, upon the terms which said Bank is in the
habit of discounting paper. I do not believe the present
Legislature could, by an act, declare the charter of the
Darien Bank repealed upon a future contingency, without
some tribunal to determine whether that contingency had
happened or not, as I understand the minority of your com¬
mittee to recommend. The adversion of any connexion of
"Government and Banks, and a toleration, at the same time,
of a direct connexion of the Government and Banks in co¬
partnership, the State electing her portion of the direction,
and the Stockholders, the balance of the direction, is a kind
•of reasoning not within the comprehension of your humble
servant.
I must respectfully disagree with the -minority of your
committee, in relation to the Central Bank's having been a
decided injury to the finances and credit of the Statebut,
on the contrary, that it has yielded a revenue to the State.,
which would have been greatly increased, if it had, at the
time of its organization, had the privileges it now has, and
not been restricted in its issues to dollar for dollar in its
vaults, and in its rate of interest, to six per cent., when the
banks with which it is compared by its enemies, were allowed
to issue three to one, and lend at eight per cent.; and the
•argument is, that, because the Central Bank did not make
as much as the other banks, with over three times its privi¬
leges, -it ought to be repealed. The report of the Central
Bank shows a considerable amount of capital over and
above its liabilities, which, I think, may be used in said
Bank, so as to afford a considerable relief to the citizens of
■the State, in the present presure in the monied affairs of the
country, and, at the same time, yield a revenue to the State,
with which the debts of the State now incurring, may be
met in part, and which will sooner or later have to be met
by taxation, if some other means for their discharge is not
resorted to. I, with due defferenee to the opinions of the
•others of the committee who differ with me on this subject,
believe the interest of the State requires thai that Institution
be sustained, and receive such Legislative aid, as its present
condition may require, and which may be effected by the
passage of the bill introduced by Mr. Harrison, of Randolph.
Which was read, and two hundred and ten copies ordered
■to be printed for the use of the House.
312
The fallowing message was received from the Senate, by-
Mr. Bailey, their Secretary.
Mr. Speaker: The Senate has passed the following bills,,
to wit:
A bill' to guard and protect the citizens of this State,
against the unwarrantable and too prevalent use of deadly
weapons, passed the 25th December, 1837.
A bill to change the places of holding election precints, in
the several counties therein named.
A bill to incorporate the Milledgeville Turnpike or Rail
Road Company.
A bill to incorporate an Academy in the city of St. Mary's,
Camden county—also, to incorporate an Academy in the
county of Cobb, and to appoint trustees for the same.
A bill to amend an act, entitled an act, to grant to Thomas
Spalding and his associates, the right of constructing a
Rail Road of wood,, or digging a canal from the Ocmulgee,
to the Flint River, with certain privileges, approved 22nd
December, 1827.
A bill to alter and fix the time of holding the Inferior
Courts' in the county of Fayette.
A bill to alter and amend an act, to compel Clerks of
the Inferior Courts of the different counties in this State-,
to claim estrays levied on by executions, passed the 26th
December, 1831.
A bill to incorporate- the* Female Academy in Fayette
county, and to appoint trustees for the same ; and to repeal
an act to incorporate Fayette County Academy, passed 24th
of December, 1836.
A bill to be- entitled an aet, to make Clerks ef the Courts
of Ordinary, elective by the people.
The Senate has likewise concurred with the House of
Representatives, in the resolution in relation to the election
of a Judge of the Superior- Court, and Solicitor General
for the Southwestern Judicial Circuit, and a Brigadier
General of 1st brigade, 7th division, G. M., with- an amend¬
ment.
To which, the concurrence of the House of Representa¬
tives is desired.
Mr. Shaw, from the select committee to whom was- re¬
ferred the report of the commissioners of the1 Lunatic Asy¬
lum, submitted the following
REPORT:
The Legislatue,. at its annual session, in the year eighteen
hundred and thirty-seven,, actuated by a noble and patriotic
public spirit, passed an act for the establishment of a Luna¬
tic Asylum, to be located at some central point to be deter¬
mined by commissioners appointed by his Excellency, the'
313
Governor. These commissioners were required to select
the site, to superintend the construction of the building, seek
information in regard to similar public establishments, and
to make their report to the next Legislature. The Legisla¬
ture of the same year appropriated the sum of twenty thou¬
sand dollars, to carry into operation the design of the State
in founding a great public charity, which should be adequate
to its wants ; which would subserve the invaluable purpose
of ameliorating the condition of an unfortunate portion of
our race, whose misfortune it is to be deprived of their rea¬
son, and thereby afford the best means of restoring them to
society, to their friends, and to themselves.
The commissioners, under the appointment of the Execu¬
tive, made choice of a site for the location of the Institution
within two miles of the capitol. They purchased a tract of
land of sixty acres, for which they paid the sum of four thou¬
sand dollars, and expended during the year in prosecuting the
undertaking, in furnishing materials, excavations necessary
for the buildings, including the amount expended for land,
amounting to the sum of ten thousand eight hundred and
seventeen dollars and twenty-three cents, ($10,817 23,) which
left a balance on hand at the close of the year 1839, of the
appropriation of nine thousand one hundred and eighty-two
dollars and seventy-seven cents, ($9,182 77.) This sum
was enlarged by the appropriation of five thousand dollars
by the Legislature of eighteen hundred and thirty-nine.
The commissioners have adopted the plan of erecting two
parallel buildings, which, according to the estimate of the
Architect, are over a hundred and twenty-nine feet in length,
thirty-nine feet in width, four stories in height, and divided
into one hundred and sixty-six rooms. The material of con¬
struction is brick, intended to be as near fire-proof as can
be, with the exception of the roof, which is of wood, in
lieu of some substance capable of resisting the action of
fire. This, however, the committee, are of opinion, is not
material, as the chances of firing the roof are not great, and
particularly, where it is considered, that the cost of slate,
copper, or tin, would hardly have compensated for the
difference in price.
This enterprise, intended as it should be by the State, as
a great public charity, designed to confer benefit upon the
unfortunate, should be arranged and constructed in view of
the comfort and advantage of such as may seek or find an
asylum within its walls. Experience has proven in those
States that have founded institutions of this kind, that so far
as expense may enter into the estimate, that the plan pro¬
posed here is far preferable to the parish plan which has
been heretofore pursued—and upon the score of affording
chances of recovery, or restoration to soundness of mind
and bodily health, will, as the committee believe, bear no
314
comparison. During the past year, the work has not pro¬
gressed as rapidly as the committee could have desired.
This has been partly owing to the unfavorableness of the
season for the manufacture of brick, which has mucli re¬
tarded the building, and has prevented the various operators
from filling their contracts.
The vouchers for all the disbursements during the year,
have not been exhibited to the committee by the commis¬
sioners ; but a current account, showing' the amount of
checks drawn upon the Central Bank at different times by
the commissioners, has been exhibited, showing that the
amount of the appropriation of last year has been exhausted
in paying for materials of constructon, services of contrac¬
tors, &c.
We would, in conclusion, recommend a vigorous prosecu¬
tion of the work, that the State may be speedily placed in
the enjoyment of the fruits of her munificence, in providing
a refuge for such as are unfit for the social state, and who,
by a visitation of Providence, are fit subjects for the exer¬
cise of a generous philanthropy.
The committee have thought proper to present a bill for
the organization of the Institution, when the buildings are
ready for the reception of inmates. We consider it impor¬
tant, that so soon as one of the wings of the building shall
be finished, (which the commissioners state will be in the
course of next summer,) that the Institution be organised
forthwith. We would recommend, that the salary of the
superintendent on construction be reduced, and that he be
required, by the present board of commissioners, to account
to them for his disbursements, so that they may be able to
deliver the same to the board of superintendents contem¬
plated by the accompanying bill, viz :
A bill to carry into operation the Lunatic Asylum of the
State of Georgia.
Which was read the first time, and two hundred and ten
copies ordered to be printed.
The House took up the special order of the day, viz : the
report on the bill to repeal an act, entitled an act, to alter
and amend an act, to establish a bank at Milledgeville, to
be called and known by the name and style of the Central
Bank of Georgia, passed on the 22nd day of December,
1828, passed the 21st day of December, 1839, and to pro¬
vide for the protection of the circulation of said Bank, and
ether purposes.
The first section being read as follows :
Be it enacted by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, and it is hereby
enacted by the authority of the same, That from and after the
passage of this act, that an act, entitled an act, to alter and
315
amend an act, to establish a bank at Milledgeville, to be
called and known by the name and style of the Central Bank
of Georgia, &c., passed on the 22nd day of December, .1828,
passed on the 21st day of December, 1839, be, and the same
is hereby repealed—being read,
Mr. Hardage moved to strike out the same—and consid¬
erable discussion being had thereon,
On motion of Mr. Flournoy, of Washington,
The House adjourned until 3 o'clock, this afternoon.
Three o'clock, P. M.
The House met pursuant to adjournment.
On motion, the order was suspended, when the House
took up the amendment of the Senate to the resolution of the
House, bringing on the election of a Judge and Solicitor-
General of the Southwestern circuit, and Brigadier-General
of the first brigade of the seventh division, G. M., on to¬
morrow, at eleven o'clock, A. M.; and concurred therein;
and the Clerk was directed to carry the same forthwith to
the Senate.
The House resumed the unfinished business of the fore¬
noon, which was the consolidation of the first section of the
report on the bill to repeal an act, to alter and amend an
act, to establish a Bank at Milledgeville, to be called and
known by the name and style of the Central Bank of Geor¬
gia, passed 22d December, 1828, passed 21st December,
1839; and to provide for the protection of the circulation of
said Bank, and other purposes.
On the motion to strike out the first section thereof, the
yeas and. nays were required to be recorded, and are yeas
73, nays 113.
Those who voted in the affirmative, are Messrs.
Anderson, of Frank-Dixon, of Walker, Hardage,
fin, Dufour, Harrison of Ban-
Beavers, Ellis, dolph,
Bethea, Erwin, Harris,
Bryan, of Wayne, Espy, Hatcher,
Carlton, Farnall, Hendry,
Cannon, Fitzpatrick, Hibbert,
Carroll, Ford, of Cherokee, Howard,
Chandler, Ford, of Lee, Hudgins,
Collier, Green, of Forsyth, Hunter,
Crutchfield, Green, of Pike, ' Johnson of Appling,
Dark, Hall, Jones, of Franklin,
Dawson, Hammond, Beaton,
316
Murphey of Wilkin- Sanford,
son,
Neal,
Nixon,
Palmer,
Pettee,
Pitts,
Price,
Pryor,
Roberts,
Smith,
Stroud, of Walton,
Sumner,
Tanner,
Tarver,
Thompson,
Turner,
Webb,
White of Pike,
Robinson, of Jasper, Williams ofBulloch,
Rodgers,
Wilson.
Lawson,
Liddle,
Mays, of Cobb,
McComb,
McDuffie,
McMillen of Jack¬
son,
Mitchell,
Moon,
Morris of Cobb,
Morris of Murray,
Moultrie,
Murphey of DeKalb Sanders,
Those who voted in the negative, are Messrs.
Alexander, Flournoy, of Wash- McG-ahagan,
Anderson of Chat- ington, McMath,
ham, Foster, McMillian of
Anderson of Warren Franks, Thomas,
Ashley,® Gathright, Millen,
Atkinson, Greene, of Macon, Moore,
Eell, Hagerman, Mulkey,
Bentley, Hampton, Nash,
Bigham, Hardeman, O'Neal,
JBoynton, Hardman, Osborne,
Brown of Bibb, Hardy, Parks,
Bryan of Houston, Harrison of Putnam,Pitman,
Burt,
Chapman,
Chappell,
Chester,
Chipley,
Cooke,
Craft,
Crawford, of Ogle
thorpe,
Crawford ofRichm'd Jordan,
Credille, King,
Cutright, Lee,
Daniel, of Greene, Lefils,
Daniel, of Thomas,Long,
Darden, of Troup, Loyall,
Hitchcock, Preston,
Hotchkiss, Rea,
Hubbard, Read,
Hudson, Reeves,
Johnson, of Heard, Reynolds,
Johnson, of Troup, Rhodes,
Jones of Columbia, Richardson,
Jones, of Harris
Jones, of Monroe,
Robinson of Laurens
Sapp,
Sermons,
Shaw,
Sheffield,
Stephens,
Stewart of Mcintosh
Stuart, of Ware,
Stiles,
Stone,
Darden ofWarren, Lynch
Davenport, Mann, of Morgan,
Davis, Mann, of Tattnall, Stroud, of Clark,
Delauney, Martin, of Morgan, Taylor,
Dodson, Martin, of Gwinnett,Thomas,
Emanuel, Maxwell, Toombs,
Flournoy, of Mus- May, of Warren, Towles,
co gee, McCall, Trayler,
317
Waldhour, Whigham of Macon, Williams of Harris,
Wales, White of Jasper, Williams of Talbot,
Warren, Whitfield, Wingfield,
Welborne, Whitworth,' Wooten.
West,
Bo the motion was rejected.
The following portion of the second section, "that the
Governor of this State be and he is hereby authorized to ex¬
ecute the bonds of this State, not exceeding one million of
dollars, in sums not less than five hundred dollars each,"
being read, Mr. Rodgers moved to strike out the word
"hundred," which was carried.
Whereupon, the yeas and nays were required to be re¬
corded, and are yeas 101, nays 82.
Those who voted in the affirmative, are Messrs.
Anderson of Frankl. Hammond, Murphey of DeKalb
Ashley, Hardage, Murphey of Wil-
Atldnson, Harrison of Ran- kinson,
Barclay, dolph, Neal,
Beavers, Harris, • Nixon,
Bell, Hatcher, Palmer,
Bethea, Hendry, Parks,
Brown of Houston, Hibbert, Pettee,
Bryan of Wayne, Hines, Pitman,
Carlton, Hitchcock, Pitts,
Cannon, Howard, Price,
Carroll, Hudgins, Read,
Chandler, Hunter, Roberts,
Chester, Johnson of Appling,Robinson of Jasper,
Collier, Johnson of Heard, Rodgers,
Crutchfield, Johnson of Troup, Sanders,
Cutright, Jones of Franklin, Sanford,
Hark, Jones of Monroe, Sheffield,
Havis, Keaton, Smith,
Dawson, Lawson, Stone,
Dixon of Walker, Lee, Stroud of Walton,
Dodson, Liddle, Sumner,
Dufour, Long, Tanner,
Ellis, Mann of Tattnall, Tarver,
Erwin, Mays of Cobb, Thompson,
Espy, McCall, Towles,
Farnall, McCrimmon, Turner,
Flournoyof Wash- McDuffie, Webb,
ington, McMath, Welborne,
Ford of Cherokee, McMillen of Jackson White of Pike,
Ford of Lee, Mitchell, Whitfield,
Gathright, Moon, Whitworth,
Green of Forsyth, Morris of Murray, Williams of Bulloch
Hall, Moultrie, Wilson.
318
Those who voted in the negative are Messrs.
Alexander, Hagerman, Osborne,
Anderson of Chat'm Hampton,
Anderson of WarrenHardeman,
Bentley, Hardman,
Bigham, Hardy,
Boynton, Hotchkiss,
Bryan, of Houston, Hubbard,
Burt, Hudson,
Chapman, Jones, of Columbia,Sapp,
Chappel], Jones of Harris, Sermons,
Chipley, Jordan,
Covenah, King,
Cooke, Lefils,
Crawford, of Ogle-Loyall,
thorpe, Lynch,
Crawford of RichmdMann, of Morgan, Stroud, of Clark,
Credille, Martin of Morgan, Taylor,
Daniel of Greene, Martin of Gwinnett, Thomas,
Daniel of Thomas, Maxwell, Toombs,
Darden, of Troup, May of Warren, Trayler,
Darden of Warren, McGahagan,
Davenport, McMillian, of
Delauney, Thomas,
Emanuel, Millen,
Fitzpatrick, Moore,
Flournoy, of Mus- Morris, of Cobb,
cogee, Mulkey,
, Foster, Nash,
Greene, of Macon, O'Neal,
The House then adjourned to 7 o'clock, this evening.
Preston,
Pryor,
Rea,
Reynolds,
Rhodes,
Richardson,
Robinson of Laurens
Shaw,
Stephens,
Stewart,of Mcintosh
Stuart of Ware,
Stiles,
Waldhour,
Wales,
W arren,
West,
Whigham ofMacon,
Williams of Harris.
Williams of Talbot,
Wingfield,
Wooten.
Seven o'clock, P. M.
The House met pursuant to adjournment.
On motion of Mr. Bethea,
The special order was postponed, until to-morrow morning,
for the purpose of reading bills of the House the second
time, and bills of the Senate the first time.
The following bills were severally read a second time,
and referred to a committee of the whole House, to wit:
A. bill to authorize David B. Bostwick to keep up a ferry
across the Ocmulgee river, near the long Shoals, on his own
land.
A bill to provide payment for individuals who taught
school in the county of Hall under the provisions of the poor
school law, in 1838, who have not been paid.
319
A bill to add a part of the county of Jones to the county
of Monroe.
A bill to alter the militia laws of this State, so far as re¬
lates to the twenty-seventh and twenty-third Regiments, in
the county of Franklin.
A bill to repeal an act to alter and amend an act, entitled
an act more effectually to secure the solvency of all the
Banking Institutions in this State, as passed on the 24th
December, 1832; assented to 21st December, 1833.
A bill to define the duties of the Directors of the Central
Bank, and to increase her capital, and for other purposes
hereinafter named.
A bill to alter and fix the times of holding the Superior
Courts of the counties of Marion, Harris, and Stewart, of the
Chattahoochee circuit, in this State ; and the time of holding
the Inferior Court of said county of Stewart; and to regu¬
late the mode of drawing and summoning grand and petit
jurors, in and for the counties of Talbot and Stewart, in said
circuit.
A bill to alter and amend the charter of the Central Bank
of the State of Georgia, to preserve its capital and support
its credit. •
A bill to alter and fix the time of holding the Superior
Courts in the Eastern district, &c.
The following bills of Senate were severally read the first
time, viz:
A bill to incorporate South River Academy, in the county
of Butts, and to appoint trustees for the same.
A bill to authorize John J. Dodd, of the county of Floyd,
to establish a ferry across the Oostenauly river, on his own
land.
A bill to alter and amend the thirtieth section of the tenth
division of an act, entitled an act to reform and amend and
consolidate the penal laws of the State of Georgia, approved
December 23, 1833.
A bill to alter and amend an act, entitled an act to amend
an act, entitled an act to carry into effect the sixth section of
the fourth article of the constitution, touching the distribution
of intestates' estates, &c.
A bill to authorize overseers of roads, for Chattooga coun¬
ty, to appoint warners, and to define their duties.
A bill to consolidate the offices of receivers of tax returns
and tax collectors, of this State, so far as relates to the
county of Appling. _ ^
A bill to regulate the times of holding the Superior Courts
of the Southern circuit.
A bill to regulate and appropriate the common school fund,
so far as respects the county of Wilkinson.
320
A bill to create and establish a free system of Education,
by common schools, in the county of Bulloch.
A bill to incorporate the Baptist church in Pulaski county,
known by the name of the Mount Horeb church, and to ap¬
point trustees for the same.
A bill requiring the record of all deeds of gift from the
parent to the child or children, where actual possession of
the property therein conveyed, is not given at the time of
the execution thereof.
A bill to change the names of certain persons named
therein, and to legitimatize the same.
A bill to amend the rent laws of this State, so far as relates
to the city of Augusta.
A bill to alter and change the name of Salem, the county
site of Dade county, to that of Trenton.
A bill to incorporate the several academies therein named,
and to appoint trustees for the same; and confer certain
rights and privileges upon the same.
A bill to incorporate the Presbyterian Church of Roswell,
Cobb county.
A bill to alter and amend the several acts in relation to
attachments and bail*process.
A bill more effectually to prevent illegal voting.
A bill to incorporate the Irwin Factory Company, in the
county of Irwin.
A bill to provide for taking the evidence of parties in suits
at law, to be used on the trial of their causes.
A bill to establish additional election precincts, in the
counties of Irwin and Campbell, and to change an election
precinct in the county of Marion.
A bill to alter and amend the eighth section of the Judi¬
ciary act of this State, passed 16th February 1799, and to
define more particularly the fees of clerks.
A bill to incorporate the village of Palmyra, in the county
of Lee, and to appoint commissioners for the same.
A bill to extend the CQrporate limits of the town of Athens,
in the county of Clark, and to change the place of holding
the elections for officers of the corporation in said town.
A bill to add the residence of John Mulkey, of the county
of Houston, to the county of Macon.
A bill to authorize purchasers of city lots, and lots of land
in the cities of Macon and Columbus, and in the reserves
thereof, to redeem them from forfeiture.
A bill to make permanent the site of public buildings and
seat of justice for the county of Gilmer, in the town of Eli-
jay, and to incorporate the same.
A bill to admit tax collector's deeds in evidence, in certain
cases therein named.
A bill to make deaf and dumb persons, idiots in law, so
1321
fat as to authorize the appointment of guardians, in certain
cases.
A bill to amend an act, passed on the 23d December,
1839, to alter and change the site of the public buildings of
the county of Dooly, to some point more central, and to
■make permanent the same; and to compensate the owners
of town property, in the town of Drayton, the present site
of the public buildings, and for other purposes.
A bill to compel the commissioners of the Western and
Atlantic Rail Road to pay certain cost, and for other purpos¬
es therein named.
A bill to repeal an act entitled an act to prevent the sev¬
eral banks of this State from selling or disposing of Exchange
at a higher rate per cent, than herein expressed, under cer¬
tain conditions; and to prescribe the mode of punishment
for a violation of the same, assented to December 23, 1839.
A bill to amend an act., entitled an act to regulate slaves
and free persons of color, in the counties of Mcintosh and
Liberty, assented to 21st December, 1839.
A bill to alter and change the line between the counties
of Walker and Dade.
A bill to amend an act, to be entitled an act to grant t©
'Thomas Spalding and his associates, the right of construct¬
ing a rail road of wood, or digging a canal from the Ocmul-
fee -to the Flint river, with certain privileges, approved 22d
)ecember, 1827.
A bill to compensate grand and petit jurors, of certain
counties therein mentioned, so far as relates to the county
of Emanuel, assented to December 23d, 1837.
A bill authorizing the sheriffs of Lincoln county, to insert
their advertisements in one of the newspapers published in
the city of Augusta, or in any newspaper published within
the northern judicial circuit.
A bill to prescribe the duties of attorneys in entering of
judgments, and the duties of clerks and sheriffs, in relation
to executions, &c.
A bill to extend the corporate limits of the town of Mc-
Donough, in the county of Henry, and to confer upon the
commissioners of said town the right of assessing taxes upon
the citizens thereof, ©r the performance'of road duty, as the
commissioners may deem expedient.
A bill amendatory, to authorize the Justices of the Infe¬
rior Courts of the several counties in this State, to create
and lay out any new district, or change and alter the limits
of those already laid out, assented to on the 23d day of De¬
cember-, 183&. _
A bill establishing election districts in the several counties
therein named, and to regulate the same, assented to on
the 21st December, 1839, so far as relates to the county of
-Stewart.
21
3 22
A bill to alter and amend the forty-third section of the
fourth division of the penal code.
A bill to authorize constables to" serve precepts and perform
other acts pertaining to their office, in any district in the
county, in certain cases therein specified.
A bill to alter and fix the time of holding the Inferior
Courts in the county of Fayette.
A bill to incorporate an academy in the city of St. Marys,
Camden county; also, to incorporate an academy in the
county of Cobb, and to appoint trustees- for the same.
A bill to guard and protect the citizens of this State against
the unwarrantable and too prevalent use of deadly weapons,
passed the 25th December, 1837.
A bill to make clerks of the Courts of Ordinary, elective
by the people.
A bill to alter and amend an act, entitled an act to compel
clerks of the Inferior Courts of the different counties in this
State, to claim Estrays levied on by execution, passed the
26th December, 1831.
A bill to change the places of holding election precincts
in the .several counties therein named.
A bill to incorporate the Milledgeville Turnpike or Rail
Road Company.
The following bill of Senate was read the second time,
and made the special order of the day for Monday next,
to wit:
A bill to repeal the second section of an act passed in
December, 1830, making an appropriation for the benefit of
the University of Georgia.
Mr. Hardeman offered the following resolution:
Resolved, That the Committee on Finance report to this
House, on Monday next, the amount of money that will ne¬
cessarily have to be raised to meet the appropriations con¬
curred in the act of appropriation by the present General
Assembly ; the amount of the civil fist, and the amount of
principal and interest of the public debt, payable in the year
1841; and that said committee report the means that the
State has for raising said amount of money; which was
agreed to.
The following resolution of Mr. Keaton, was taken up,
read and agreed to.
Resolved, That his Excellency the Governor, be and he is
authorized, to transmit to the county of Baker, with the laws
and journals of the present session, a sufficient number of
Prince's Digest and Georgia Justice, for two newly created
districts in said county.
Also—A resolution of Mr. Tanner, requesting our delega¬
tion in Congress to endeavor to have established a mail route
323
&t die transportation of a mail, on horse back, weekly from
Lafayette, in Walker county, to the county site of Dade
county, &c.; which was read and agreed to.
The following resolution of Senate was taken up, read
and concurred in:
Whereas, there is now a good road from the city of Bruns¬
wick, in the county of Glynn, passing through Waynesville,
Wajme county, Waresborougn, Ware county, Troupville,
Lowndes county, Thomasville, Thomas county, Duncans-
ville, also in Thomas county, to Tallahassee, or through
Quincy to Chattahoochee, in Florida: And whereas, it is
of great importance to the people of the lower counties of
this State and Middle Florida, that a mail should be carried
on the road aforesaid. Therefore,
Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That our Senators
and Representatives in Congress be, and they are hereby,
requested to use their influence to have a mail route estab¬
lished between Brunswick in this Stae, and Tallahassee, or
Chattahoochee, in Florida, to run through the places above
mentioned.
The following bills of Senate were taken up and severally
read the second time, and referred to the committee of the
whole House.
A bill to amend the act incorporating the Georgia Rail
Road and Banking Company.
A bill to authorize Evin Howell of the county of Gwin¬
nett, to establish a ferry across the Chattahoochee river, on
his own land, and to regulate the rates of ferriage thereof;
and George M. Waters, of said county, to establish a ferry
across said river, on his own land, and to regulate the rates
of ferriage thereof.
A bill to exempt James Hall, sen., of Irwin county, from
the several provisions of the acts of the General Assembly
concerning pedlers, and to authorize him to engagq in that
business without license.
A bill to regulate elections in the county of Sumter, and
to repeal all laws authorizing or creating election precincts
in said county; and to repeal an act to establish an addi¬
tional election precinct in the county of Twiggs, at Higgs-
ville, the place of holding Justices Courts in and for the
354th company district, Georgia militia, in said county, as¬
sented to December 28, 1838.
A bill to add certain fractions therein named, to Paulding
county.
A bill to authorize William B. Dudley, of the county of
Elbert, to establish a ferry across Broad river, on his own
land, and to regulate the ^rates of ferriage thereof; and to
su
regulate the rates of ferriage of Henry E. Nash's ferry, on
said river.
A bill to amend the act incorporating the Bank of Mil-
ledgeville with Banking and Insurance privileges, located at
MiUedgeville, and to change the name of said Bank.
A bill to authorize the Treasurer of the common school
fund of the counties of Montgomery, Emanuel, and Lowndes,
to loan out the said fund, and to collect all or any part of
the same, on certain conditions; and to authorize the Trea¬
surer of the common school fund, for the counties of Frank¬
lin and Jackson, to pay certain accounts of teachers of poor
children.
A bill to incorporate the Upson Riflemen, and to give the"
members thereof certain privileges.
A bill to change the name of William J. Emswiler, to
that of William J. I. Reeves.
A bill for the relief of Solomon Spurlock, John P. Glover,
sen., and John P. Glover, jr., securities of William E. Glov¬
er ; which was made the special order of the day, for Tues¬
day next.
A bill to incorporate the Oxford Female Academy, in the
county of Newton, and appoint trustees for the same.
A bill to alter and amend an act, entitled an act to appro¬
priate a sum of money to improve the navigation of the Big
Satilla river, passed 30th December, 1836, and to appoint
additional commissioners on said river.
A bill to consolidate the office of receivers of tax returns
and tax collectors of this State, so far as respects the coun¬
ties of Montgomery, Macon, and Clark.
A bill to authorize the Justices of the Inferior Court, so
far as respects the county of Wilkinson, to levy an extra
tax for county purposes.
A bill to change the names of certain persons therein
named and to legitimatize the same.
A bill for the relief of Felix Arthur, of Cass county.
A bill to alter and amend an act, passed 21st December,
1839, to alter and amend an act to appoint additional com¬
missioners on the Ohoopie and Canoochee rivers, in the
county of Tattnall, passed 27th December, 1839, and for
other purposes therein mentioned.
The House was then adjourned to 9 o'clock, to-morrow
morning.
SATURDAY, December 12, 1840.
Mr. Roberts moved to reconsider so much of the Journal
of yesterday, as relates to the refusal of the House to strike'
325
out the first section of the hill to repeal an act to alter and
amend an act to establish a Bank at Milledgeville, to be cal¬
led and known by the name and style of the Central Bank
-of Georgia, passed 22d December, 1828, passed 21st De¬
cember, 1839, and to provide for the protection of the circu¬
lation of said Bank, and other purposes—which was re¬
fused.
Whereupon, the yeas and nays were ordered to be re¬
corded, and are yeas *57, nays 91.
Those who voted in the affirmative, are Messrs.
Anderson of Frank- Harris, Nixon,
lin, , Hatcher, Palmer,
Beavers, Hendry, Pettee,
Bethea, Howard, Pitts,
Bryan, of Wayne, Hudgins, Price,
Chandler, Hunter, Roberts,
Collier, Johnson, ©f Appling,Robinson of Jasper,
Crutchfield, Jones of Franklin, Rodgers,
Dark, Keaton, Sanford,
Dixon of Walker, Lawson, Shropshire,
Ellis, Liddle, Smith,
Fitzpatrick, Mays, of Cobb, Stroud of Walton*,
Ford, of Cherokee, McMillen,ofJacksonSumner,
Green of Forsyth, Mitchell, Tanner,
Green, of Pike, Moon, Tarver,
Hall, Morris, of Murray, Thompson,
Hammond, Murphey of DeKalb Turner,
Hardage, Murphey of Wilkin- Webb,
Harrison of Ran- son, White of Pike,
dolph, Neal; Wilson.
Those who voted in the negative, are Messrs.
Anderson, of Chat- Crawford of Ogle- Hampton,
ham, thorpe, Hardeman,
Anderson of War- Credille, Hardman,
ren Cutright, Hardy,
Atkinson, Daniel of Greene, Harrison,of Putnam
Bell, Daniel of Thomas, Hines,
Bigham, Harden of Troup, Hitchcock,
Boynton, Darden of Warren, Hotchkiss,
Brown of Bibb, Davenport, Hudson,
Brown of Houston, Delauney, -Johnson of Heard,
Bryan of Houston, Emanuel, Johnson of Troup,
Burt, Farnall, Jones of Monroe,
Chapman, Flournoy of Wash-Jordan,
Chap pell, ington, King,
Chester, Foster, Lefils,
Covenah, Franks, Loyall,
Cooke, Green of Macon, Lynch,
Crawford of Rich'd.Hagerman, Mann, of Morgan,
326
Mann, of Tattnall, Preston, Taylorv
Martin, of Morgan, Pryor, Thomas?-
Martin, of Gwinnett,Rea, Toombs,
May, of Warren, Read, Trayler,
McCrimmon, Reeves, Waldhouiv
McDuffie, Reynolds, Wales,
McMath, Rhodes, W arren,
jMcMillian, of Tho's, Sermons, Welborne,
Millen, Shaw, West,
Moore, Sheffield, Whigham of Macon,.
Morris, of Cobb, Stewart of Mcintosh White, of Jasper,
Nash, Stuart, of Ware, Whitworth,
Osborne, Stiles, Williams, of Harris-
Parks, Stone,
Mr. Chappell moved to reconsider so-much of the Journal
of yesterday as relates to striking out the word " hundred,"*
from the second section of the bill.
The House refused to reconsider.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary :
Mr. Speaker—His Excellency the Governor has approved
and signed the following resolutions of the House, to wit:
A resolution authorising the Governor to furnish the com¬
manding officer of the Savannah Volunteer Guards, with-
eighty muskets, upon the delivery of the old arms and giving
the required security.
A resolution abolishing the office of Geological Surveyor'
of this State-
A resolution requesting our Senators and Representatives
in Congress to use their influence for the establishment of a
Stage Line from Newnan, Georgia, to Lafayette, Alabama.
A resolution authorising the Governor to transmit with the~
Laws and Journals" to the county of Dade, six copies of
Green'& Lumpkin's Georgia Justice, and the like number of
Dawson's Compilation, for the use of the Inferior Court and
Justices of the Peace of said county.
A resolution bringing on this day, at 11 o'clock, the elec¬
tion of a Judge and Solicitor for the South Western Circuit,
and a Brigadier General for the 1st Brigade and 7th Divi¬
sion G. M.
All of which I am directed to return.
The House resumed the unfinished business of yesterday
afternoon, being the report on the bill to repeal an act to alter
and amend an act to establish a Bank at Milledgeville to be-
called and known by the name and style'of the Central Bank
of Georgia, passed 22d December, 1828, passed 21st Decem¬
ber, 1839, and to provide for the protection of the circulation,
©f said Bank, and for other purposes-
327
"The following portion of the 2d section—"that the Gov¬
ernor be authorized to execute the Bonds of this State, not
exceeding one million of dollars, in sums not less than five
dollars each"—being read,
Mr. Hardeman -moved to strike out the wordfive," which
was lost.
Whereupon, the yeas and nays were ordered to be re¬
corded, and are yeas 89, nays 91, .
Those who voted in the affirmative, are Messrs,
Alexander, Hagerman, Nash,
Anderson of Ghat- Hammond, Osborne,
ham, Hampton, Parks,
Anderson, of War-Hardeman, Preston,
ren, Hardman, Pryor,
Boynton, Hardy, Rea,
Brown, of Bibb, Harrison, of PutnamReynolds,
Brown, of Houston, Hitchcock, Rhodes,
Bryan, of Houston, Hotchkiss, Richardson,
Burt, Hubbard, Robinson ofL aureus
Chapman, Hudson, -Sapp,
.Chappell, Johnson, of Heard, Sermons,
Cooke, Johnson of Troup, -Shaw,
Graft, Jones of Columbia, -Stewart,of Mcintosh
Crawford of-Ogle- • Jones of Harris, Stiles,
thorpe, Jordan, ^Stroud, of Clark,
Crawford of Rich- King, T ay lor,
mond, Lefils, Thomas,
Credille, Liddle, Toombs,
Outright, Loyall, Trayler,
Daniel of Greene, Lynch, Waldhour,
Daniel of Thomas, Mann, of Morgan, Wales,
Darden of Troup, Martin, of Morgan, Warren,
Harden of Warren, Martin of Gwinnett, West,
Davenport, Maxwell, Whigham, of Macon,
Emanuel, May, of Warren, White of Jasper,
Eitzpatrick, McComb, Williams of Harris,
Flournoy, of Mus- McGahagan, Williams of Talbot,
cogee, McMillian of T-ho's. Wingfield,
Foster, Millen, Wooten.
F ranks, Moore,
Greene of Macon, Mulkey,
Those who voted in the negative, are Messrs.
Anderson of Frank- Bentley, Carroll,
lin, Bethea, Chandler,
Atkinson, Bigham, Chester,
Barclay, Bryan, of Wayne, Collier,
Beavers, Carlton, Covenah,
Bell, Cannon, Crutchfield,
328
Darky Howard, Pitts.
Davis, Hudgins, Price,
Dawson, Hunter, Read;
Delauney, Johnson of Appling; Roberts,
Dixon, o£ Walker, Jones of Franklin, Robinson of Jasper;,
Dodson, Jones of Monroe, Rodgers,
Dufour,, Keaton, Sanders,
Ellis, Lawsoa, Sanford,.
Erwin, Lee, Sheffield,
Espy, Mann of Tattnall, Shropshire,
Flournoy of Wash- Mays of Cobb,- Smith,
ington, McCall, Stuart, of Ware,
Ford, of Cherokee, McCrimmon, Stone,
Ford of Lee, McDuffie, Stroud of Walton,,
Gathright, McMillen of JacksonSumner,
Green of Forsyth, Mitchell, Tanner,
Green of Pike, Moon, Thompson,
Hall, Morris, of Cobb;. Towles,
Hardage, Morris, of Murray, Turner,
Harrison of Ran- Murphey,ofDeKalbWebb,
dolph, Murphey, of Wil- Welborne,
Harris, kinson,, White of Pike,
Hatcher,, Neal, Whifcworth,
Hendry, Nixon, Williams, ofRullo'liy
Hibbert, Palmer, Wilson.
Hines, Pettee,
Messrs. Linder, Hardeman and O'Neal asked and obtained'
leave of absence for a few days, for various reasons.
On motion of Mr. Pryor, the order was suspended, when
he introduced a bill to alter and change the county line be¬
tween the counties of Paulding and Floyd in this State, so¬
ns to add a portion, of Floyd county to that of Paulding—
which was read the first time.
The following message was received from the Senate by
Mr. Bailey, their Secretary:
Mr. Speaker: The Senate has passed the following'bills*,
to wit :
A bill to incorporate the first Presbyterian Church of Sa¬
vannah.
A bill to remove the election precinct from the house of
John Lovejoy to the house of Alonzo P. Morris, in the 12th
district of Henry county, and establish a precinct at Pitts¬
burg in the 6th district of said county, and to establish an.
election precinct in Bulloch county.
A bill to extend the corporate limits of the town of Tal-
botton.
A bill to consolidate the offices of Tax Collector and re¬
ceiver of Tax Returns of the county of Effinghami.
A bill to change the county line from certain points be-
329
tween the counties of Marion and Muscogee, so' as to make
the line straight.
A bill for the relief of William Conyers and James H.
Martin, securities of Harbert Rainey.
A Bill amendatory of an act entitled an act to appoint
commissioners for the Washington county Academy, and to
make the same a body corporate, assented to 30th Novem¬
ber, 1819.
A bill requiring the Sheriffs and Clerks of the several
counties of the Cherokee Circuit, to insert their advertise¬
ments in some public Gazette within the said Circuit.
A bill to amend an act entitled an act to incorporate the
Augusta and Waynesboro Rail Road, assented to 31st De¬
cember, 1838.
A bill to incorporate the Female Academy in Fayetteville,
Fayette county, and to appoint Trustees for the same, and
to repeal an act to incorporate Fayette county Academy, pas¬
sed 24th of December, 1836, and for other purposes therein
named.
The Senate has also agreed to a resolution designating the
hour of 12 o'clock M. on Tuesday next, for the purpose of
electing three Commissioners of the Western and Atlantic
Rail Road.
To which the concurrence of the House of Representa¬
tives is desired.
On motion of Mr. Stephens, the following resolution of the
Senate was taken up, amended and concurred in.
Resolved, That both branches of the General Assembly
will convene in the Representative Chamber at 12 o'clock,
noon, on Tuesday the 15th December, instant, for the pur¬
pose of electing three Commissioners of the Western and
Atlantic Rail Road; also, three Directors on the part of the
State for the Bank of the State of Georgia; and also, two
Commissioners under an act to authorise the business of
Banking:, and to regulate the same, assented to 26th Decem¬
ber, 1836.
Mr. Chipley introduced a bill to change the name of the
Farmer's Bank of Chattahoochie, and for other purposes—
which was read the first time.
The hour of eleven having arrived, the Clerk was'directed
to inform the Senate that the House of Representatives are
now ready to receive them to proceed to the elections set
apart for this day, which duty being performed,, the Presi¬
dent and members of the Senate attended, and the General
Assembly proceeded to the election of a Judge of the Supe¬
rior court of the South Western Circuit, and the ballots be¬
ing received and counted, it appeared that William Taylor,.
Esq. was duly elected.
Also, to the election of a Solicitor General of the South
Western Circuit, and the ballots being received and exam-
330
ined, it appeared that Adam Robinson, Esq. Was duly elect*
ed.
Also, the election of a Brigadier General of the 1st Brig¬
ade, 7th Division, G. M. and the ballots being received and
examined, it appeared that James R. Wylie, Esq. was duly
elected.
The President and members of Senate then withdrew, and
the House adjourned until 3 o'clock, this afternoon.
Three o'clock, P. M.
The House met pursuant to adjournment.
On motion of Mr. Chappell the order of the day was sus-
pended, when the bill to impose, levy and collect a tax for
the political year 1841, on property, both real and personal,
and to inflict penalties for refusing or neglecting to comply
with the provisions thereof—was taken up and made the
special order for Monday next.
The House resumed the unfinished business of the fore¬
noon, being the report on the bill to repeal an act to alter
and amend an act to establish a Bank at Milledgeville, to be
called and known by the name of the Central Bank, &c. &c»
Mr. Bethea offered the following as a substitute for the
second section:
"And be it further enacted, That the Governor of this State
be and he is hereby authorised to execute State Bonds, in
amount not exceeding three millions of dollars, in such sums
as may suit the convenience of purchasers, to be offered in
any market in the United States, for specie or its equivalent,
payable in instalments, not exceeding twenty, nor under six
years, bearing interest, not exceeding seven per cent; and
the amount aforesaid, so raised, shall be deposited in the said
Central Bank—one million to be applied to the redemption
of the notes of said Bank now in circulation, as well as other
evidences of debt."
Some discussion being had upon the reception of the same,
it was finally rejected.
Whereupon the yeas and nays were ordered to be re¬
corded, and are yeas 44—nays 121.
Those who voted in the affirmative, are Messrs.
Anderson of Frank- Carroll,
lin, Crutchfield, Dixon, of Walker,
Bentley, Dark, Dodson,
Bethea, Davis, Ellis,
Bryan of Wayne, Dawson, Erwin,
331
Flournoy, of Wash¬
ington,
Ford, of Lee,
Green of Pike,
Hammond,
Harrison of Ran¬
dolph,
Harris,
Hines,
Howard,
Hudgins,
Keaton, Pitts,
Liddle, Reeves,
Martin of Gwinnett,Rodgers,
Mays of Cobb, Sanders,
McCall, Shropshire,
McDuffie, Smith,
McMillenof JaeksonStuart of Ware,
Morris of Cobb, Tanner,
Neal, Turner,
Pettee, White of Pike,
Pitman, Wilson.
Those who voted in the negative, are Messrs.
Anderson of Chat- Farnall, Maxwell,
ham, Flo urn oy, of Mus- May of Warren,
Anderson of Warren cogee,
Ashley, Ford of Cherokee,
Atkinson, Foster,
Barclay, Gathright,
Beavers, Green of Forsyth,
Bell, Green of Macon,
Bigham, Hagerman,
Boynton, Hafl,
Brown of Bibb, Hampton,
Brown of Houston, Hardage,
Bryan of Houston, Hardman,
Burt,
Carlton,
Cannon,
Chandler,
Chapman,
Chappell,
Collier,
Covenah,
Cooke,
Craft,
Mc.Crimmon,
McMath,
McMillian of
Thomas,
Millen,
Mitchell,
Moon,
Moore,
Morris of Murray,
Moultrie,
Mulkey,
Harrison of Putnam,Nash,
Hendry, Nixon,
Hibbert, Osborne,
Hitchcock, Palmer,
Hotchkiss, Parks,
Hubbard, Price,
Hudson, Pryor,
Hunter, Rea,
Johnson of Appling,Read,
Johnson, of Heard, Reynolds,
Rhodes,
Crawford of Ogle- Johnson of Troup,
thorpe, Jones of Franklin,
Crawford of Rich- Jones of Harris,
Jones, of Monroe,
Jordan,
Lawson,
Lee,
Lefils,
mond,
Credille,
Outright,
Daniel, of Green,
Daniel of Thomas,
Darden of Troup,
Darden, of Warren, Loyall,
Davenport, Lynch,
Delauney, Mann, of Morgan,
Emanuel, Mann, of Tattnall,
Espy, Martin of Morgan,
Long,
Richardson,
Robinson, of Jasper,
Robinson, of Lau¬
rens,
Sanford,
Sapp,
Sermons,
Sheffield,
Stephens,
S tewart, of Mcintosh
Stiles,
Stone,
Stroud, of Clark,
332
Stroud, of W alton,
Sumner,
T aylor,
Thomas,
Trayler,
Wales,
Warren,
Welborne,
West,
White of Jasper,
Whitfield,
Whitworth,
Williams of Bulloch,
Williams of Harris.
Thompson,
Toombs,
The fourth section being read, as follows :
"And be. it farther enacted, That the Governor shall cause
said JBonds, or a sufficiency thereof for the purposes specified
in this act, to be sold at such times and places as he may
deem most beneficial to the State, for specie or its equivalent,
at not less than par, or the bills of the Central Bank; and any
person or persons holding Central Bjank bills to the amount
of five dollars or more, shall be entitled to receive said
Bonds in payment thereof, unless the Central Bank shall, on
demand, provide other satisfactory means of payment, and
unless said person or persons shall be indebted to the State
or said Central Bank, upon debts due at the time of de¬
mand."
Mr. Toombs offered the following proviso :
" Provided, That no bond shall issue for less than the whole
amount presented in any one week, by any one person or
company, in his, her or their own right, unless the amount so
presented exceeds five hundred dollars, in which latter event
a bond or bonds shall issue in sums of five hundred dollars
and such .fractions thereof as will meet the amount pre¬
sented."
Which was read, amended and received.
Whereupon the yeas and nays were ordered to be record¬
ed, and are Yeas 88—Nays 78.
Those who voted in the affirmative, are Messrs.
Alexander, Cooke, Dodson,
Anderson, of Chat- Craft, Emanuel,
ham, Crawford of Ogle- Flournoy of Mus-
Anderson of War- thorpe, cogee,
ren, Crawford, of Rich-Flournoy, of Wash-
Bell, mond, ington,
Bentley, Credille, Ford of Lee,
Bigham, Cutright, Foster,
Boynton, Daniel of Greene, Greene of Macon,
Brown, of Bibb, Daniel of Thomas, Hagerman,
Brown of Houston, Darden of Troup, ' Hampton,
Burt, Darden of Warren, Hardman,
Chapman, Davenport, Hardy,
Chappell, Davis, Harrison of Putnam,
Chester, Delauney, Hitchcock,
Covenah, Dixon, of Walker, Hubbard,
333
Hudson,
Johnson of Heard,
Jones of Harris,
Jones of Monroe,
Jordan,
King,
Lee,
Lefils,
Liddle,
Long,
Loyall,
Lynch,
Mann, of Morgan,
Mann of Tattnall,
Martin of Morgan,
Maxwell,
May of Warren, Stuart, of Ware,
McCrimmon, Stiles,
McMath, Stone,
McMillianofTho's. Stroud of Clark,
Millen,
Moore,
Morris, of Cobb,
Nash,
Osborne,
Parks,
Pryor,
Rea,
Reynolds,
Rhodes,
Richardson,
Stephens,
Taylor,
Thomas,
Toombs,
Trayler,
Wales,
Warren,
West,
White, of Jasper,
Whitfield,
Williams of Harris*
Those who voted in the negative, are Messrs*
Anderson of Frank*- Harrison of Ran- Palmer,
lin, dolph, Pettee,
Atkinson, Harris, Pitman,
Barclay, Hendry, Pitts,
Beavers, Hibbert, Price,
Bethea, Hines, Read,
Bryan, of Houston,Howard, Roberts,
Bryan of Wayne, Hudgins, Robinson, of Jasper,
Hunter, Rodgers,
Johnson of Appling,Sanders,
J ohnson of T roup, Sanford,
Jones of Franklin, Sheffield,
Keaton, Shropshire,
L awson, Smith,
Martin of Gwinnett, Stroud of Walton,
Mays of Cobb, Sumner,
McCall, Tanner,
McDuffie, Tarver,
McMillen of Jack- Thompson,
son, Turner,
Mitchell, Webb,
Moon, Welborne,
Morris of Murray, White of Pike,
Moultrie, Whitworth,
Murphey of DeKalb Williams of Bulloch,
Neal, Wilson.
Nixon,
Carlton,
Cannon,
Carroll,
Chandler,
Collier,
Crutchfield,
Dark,
Dawson,
Dufour,
Ellis,
Erwin,
Espy,
F arnall,
Ford of Cherokee,
Gathright,
Green, of Forsyth,
Green of Pike,
Hall,
Hammond,
Hardage,
The report as amended was read and agreed to—the bill
read the third time and passed.
334
Upon the passage of the bill the yeas and nays were or¬
dered to be recorded, and are yeas 104, nays 68.
Those who voted in the affirmative, are Messrs.
Alexander, Flournoy of Mus- McMillian of
Anderson of Chat'rn. cogee, Thomas,
Anderson of War- Flournoy of Wash- Millen,
ren,
Ashley,
Barclay,
Bell,
Bentley,
Bigham,
Boynton,
Brown of Bibb,
mgton,
Ford, of Lee,
Foster,
Gathright,
Greene of Macon,
Hagerman,
Hampton,
Hardman,
Brown, of Houston, Hardy,
Moore,
Morris of Cobb,
Mulkey,
Nash,
Osborne,
Parks,
Pryor,
Rea,
Read,
Bryan of Houston, Harrison of Putnam,Reeves,
Burt,
Chapman,
Ghappell,
Chester,
Covenah,
Cooke,
Craft,
Hines,
Hitchcock,
Hotchkiss,
Hubbard,
Hudson,
Johnson of Heard,
Reynolds,
Rhodes,
Richardson,'
Robinson of Laurens
Sheffield,
Smith,
Crawford of Ogle- Jones of Harris,
Johnson, of Troup, Stewart of Mcintosh
thorpe,
Crawford of Rich¬
mond, 4
Credille,
Cutright,
Daniel of Greene,
Jones of Monroe,
Jordan,
King,
Lefils,
Long,
Loyall,
Daniel of Thomas, Lynch,
Darden of Troup, Mann, of Morgan,
Darden, of Warren, Mann of Tattnall,
Davenport,
Davis,
Delauney,
Dixon of Walker,
Dodson,
Emanuel,
F arnall,
Stuart of Ware,
Stiles,
Stone,
Stroud of Clark,
Taylor,
Thomas,
Toombs,
Trayler,
Wales,
Warren,
Martin, of Morgan, Welborne,
Martin of Gwinnett, West,
Maxwell, White of Jasper,
May of Warren, Whitfield,
McCall, Whitworth,
McCrimmon, Williams of Harris.
McMath,
Those who voted in the negative, are Messrs.
Anderson, of Frank-Cannon,
lin,
Atkinson,
Beavers,
Bethea,
Bryan of Wayne,
Carlton,
Carroll,
Chandler,
Collier, ■
Crutchfield,
Dark,
Dawson,
Dufour,
Ellis,
Erwin,
Espy,
Ford of Cherokee,
Green of Forsyth,
Green of Pike,
335
Hall, Mays, of Cobb, Robinson of Jasper,
Hammond, McDuffie, Rodgers,
Hardage, McMillenof JacksonSanders,
Harrison of Rand'phMitchell, Sanford,
Harris, Moon, Shropshire,
Hendry, Morris, of Murray, Stephens,
Hibbert, Moultrie, Stroud of Walton,
Howard, Murphey of DeKalb,Sumner,
Hudgins, Neal, Tanner,
Hunter, Nixon, Tarver,
J ohnson of Appling, Palmer, Thompson,
Jones, of Franklin, Pettee, Turner,
Keaton, Pitman, Webb,
Lawson, Pitts, White of Pike,
Lee, Price, Williaijis, of Bulloch
Liddle, Roberts, Wilson.
On motion, it was voted, that when the House adjourn, it
adjourn to 9 o'clock Monday morning.
The House then adjourned to 9 o'clock, Monday morn¬
ing.
MONDAY, December. 14, 1S40.
Mr. Cannon moved to reconsider so much of the Journal
of Saturday, as relates to the passage of the bill to repeal an
act to alter and amend an act, to establish a Bank at Mil-
ledgeville, to be called and known by the name and style of
the Central Bank of Georgia, passed 22d December, 1838,
passed 21st December, 1839, and to provide for the protec¬
tion of the circulation of said Bank, and other purposes.
Whereupon, the yeas and nays were ordered to be re¬
corded, and are yeas 73, nays 110.
Those who voted in the affirmative, are Messrs.
Anderson, of Frank-Collier, Hammond,
fin, Crutchfield, Hardage,
Atkinson, Dark, Harrison, of Ran-
Barclay, Dixon, of Walker, dolph,
Beavers, Ellis, Harris,
Brown, of Fayette, Erwin, Hatcher,
Bryan, of Wayne, Espy, Hendry,
Carlton, Farnall, Hibbert,
Cannon, Green of Forsyth, Howard,
Carroll, Green, of Pike, Hudgins,
Chandler, Hall, Hunter,
336
Johnson of Appling, Murphey of Wilks'n Sanford,_
Jones of Franklin, Neal, Shropshire,
Keaton, Nixon, Smith,
Lawson, Palmer., Stroud of Walton,
Lee, Pettee, Sumner,
Liddle, Pitman, Tanner,
Mays of Cobb, Pitts, Tarver,
McDuffie, Price, Thompson,
McMillenof JacksonRoberts, Turner,
-Mitchell, Robertson, of Co- Webb,
Moon, lumbia, Welborne,
Morris, of Cobb, Robinson of Jasper, White of Pike,
Morris of Murray, Rodgers, Williams of Bulloch*
Murphey ofDeKalb Sanders, Wilson.
Those who voted in the negative, are Messrs.
Anderson, of Chat-Flournoy ofMus- McCall,
ham, cogee, McCrimmon,
Anderson of WarrenFlournoy of Wash- McGahagan,
Ashley, ington, McMath,
Bell, Ford of Lee, McMillian of
Bentley, Foster, Thomas,
Black, Franks, Meadows,
Boothe, Gathright, Millen,
Boynton, Hagerman, Moore,
Brown of Houston, Hampton, Mulkey,
Bryan of Houston, Hardman, Nash,
Burt, Hardy, Osborne,
Chapman, Harrison of Putnam,Parks,
Chappell, Hines, Preston,
Chester, Hotchkiss, Pryor,
Chipley, Hubbard, Rea,
Covenah, Hudson, Read,
Cooke, Johnson of Heard, Reeves,
Craft, Johnson of Troup, Reynolds,
Crawford, of Ogle- Jones of Columbia, Rhodes,
thorpe, Jones of Harris, Richardson,
Crawford of Rich- Jones of Monroe, Robinson of LaurenS
* mond, King, Sapp,
Credille, Lefils, Sermons,
Cutright, , Long, Shaw, •
Daniel, of Greene, Lowe, Sheffield,
Danielof Thomas, Loyall, Stephens,
Darden of Troup, Lynch, Stewart of Mcintosh
Darden of Warren, Mann of Morgan, Stuart of Ware,
Davenport, Mann of Tattnall, Stiles,
Delauney, Martin of Morgan, Stone,
Dodson, Martin of Gwinnett, Stroud of Clark,
Emanuel, Maxwell, Taylor,
Evans, May of Warren, Toombs,
"337
Towles, West, Williams of Harris,
Trayler, White of Jasper, Williams of Talbot,
Waldhour, Whitfield, Wingfield,
Walker, Whitworth, Wooten.
Warren,
So the House refused to reconsider.
The following message was received from the Senate, by
Mr. Bailey, their Secretary:
Mr. Speaker:—The Senate has passed the following bills,
•to wit:
A bill to incorporate the Cross Plains and Red Clay
Branch Rail Road Company of Georgia.
A bill to incorporate the Sharon Springs, in Henry county,
and to constitute the resident board of trustees of the Mercer
University, Commissioners of the town of Penfield, in Greene
county.
Also, has agreed to the report of the Joint Standing Com¬
mittee on the Penitentiary, to whom was referred the peti¬
tion of sundry citizens of Emanuel county, praying the par¬
don of Matthew W. Gaye, now confined in the Penitentiary
for voluntary manslaughter.
Also, has agreed to the report of the Joint Standing Com¬
mittee on the Penitentiary, in relation to the police and bet¬
ter regulation of the institution; to which it desires the con¬
currence of the House of Representatives.
Mr. Flournoy, of Washington, moved to suspend the or¬
der for the purpose of taking up the resolutions, previously
offered by him in relation to the Sub-Treasury, together
with the amendments and substitute therefor, and make
them the special order of the day for Wednesday next.
Whereupon, the yeas and nays were required to be re¬
corded, and are, yeas 85—nays 94.
Those wh© voted in the affirmative, are Messrs.
Ashley,
Bentley,
Black,
Boynton,
Brown, of Bibb,
Brown of Houston,
Bryan of Houston,
Burt,
Chappefi,
Chester,
Chipley,
Covenah,
Cooke,
22
Crawford of Ogle¬
thorpe,
Crawford of Rich¬
mond,
Outright,
Darden of Troup,
Darden of Warren,
Davis,
Delauney,
Dixon of Walker,
Dodson,
Emanuel,
Evans,
Flournoy of Musco¬
gee,
Flournoy of Wash¬
ington,
Ford of Lee,
Foster,
F ranks,
Gathright,
Hagerman,
Hammond,
Hampton,
Hardy,
Hines,,
338
Hudsony
Johnson of Heard,
Johnson of Troup,
Jones of Columbia,
Jones of Harris,
Jones of Monroe,
King,
Liddle,
Lowe,
Lynch,
Mann of Morgan,
Mann of Tattnall,
Martin of Gwinnett,
Maxwell,
May, of Warren,
McCall„
McCrimmon,
McDuffie,
McGahagan,. Shaw,
McMath, Stephens,
McMillian, of Stuart of Ware:,
Thomas, Stroud, of Clark,
Meadows, Taylor,
Moore,. Toombs,
Mulkey, Trayler,
Parks, Waldhour,
Pitman, Warren,
Preston, West,
Rea, Whigham of Macon,
Rhodes, White of Jasper,
Richardson, Whitworth,
Robertson ofColum-Williams of Harris,
bia, Williams of Talbot,
Robinson of Laurens Wingfield,
Sapp, Wooten.
Those who voted in the negative, are Messrs.
Anderson of Chat- Hall,
ham, Hardage,
Anderson of Frank- Hardman,
Tin,
Harrison of Putnam kinson,
Moultrie,
Murphey of DeKal'h
Murphey, of Wil-
AndersoU ofWarrenHarrison
Atkinson, dolph,
Barclay, Harris,
Beavers, Hatcher,
Bell, Hendry,
Boothe, Hibbert,
Brown, of Fayette, Hotchkiss,
Bryan of Wayne, Howard,
Carlton,
of
Cannon,
Carroll,
Chapman,
Collier,
Credille,
Crutchfield,
Daniel of Greene,
Daniel ©f Thomas,
Dark,
Dawson,
Dufour,
Ellis,
Erwin,
Espy,
Farnall,
Ford of Cherokee,
Green, of Pike,
Ran- Neal,
Nash,
Nixon,
Osborne,
Palmer,
Pitts,
Price,
Pryor,
Hubbard, Read,
Hudgins-, Reynolds,
Hunter, ' Roberts,
Johnson of Appling, Robinson of Jasper,
Jones of Franklin, Rodgers,
Keaton, Sanders,
Lawson,] Sanford,
Lee, Sheffield,
Lefils, Shropshire,
Loyall, Smith,
Mays, of Cobb, Stewart of Mcintosh
McMillen of Jack- Stiles,
son,
Millen,
Mitchell,
Moon,
Morris, of Cobb,
Stone,
Stroud of Walton,
Sumner,
Tanner,
Tarver,
Morris, of Murray, Thompson,
339
Towles,
Turner,
Webb,
Welborne, ■ Williams of Bulloch
White of Pike, Wilson.
Whitfield,
So the motion was lost.
Mr. Rogers, from the Joint Standing Committee on the
Penitentiary, submitted the following report:
Your committee have taken into consideration the sugges¬
tions of the Principal Keeper, in his report to his Excellency
the Governor, for the police and better-regulation of the In¬
stitution, and have accorded with him in most of his sugges¬
tions ; and have endeavored to report a bill accordingly, to¬
gether with other alterations in the management of the In¬
stitution as your committee have deemed expedient.
Your committee have examined the several wards under
the superintendence of the several assistant keepers; and
we take pleasure in stating that we found them all kept in
an orderly manner; and the various occupation assigned to
each, seems to be prosecuted with that activity and vigilance
which seems to promise well for the Institution. Your com¬
mittee have likewise examined the state and condition of the
various buildings belonging to the Institution, and find them
kept in neat order, that does credit to officers of the Institu¬
tion. Your committee would recommend an extension of
the hospital for the benefit and comfort of the sick; and also
an enlargement of the building to increase the number of
the cells that may be necessarily required.
Your committee have examined the books of the Peniten¬
tiary, and find that all the debts and credits are correct, ac¬
cording to the way they are kept. Your committee are of
opinion that considerable improvement may and ought to be
made in the manner of keeping the books. We were aston¬
ished to find that we had not the proper abstracts and vouch¬
ers to refer to in the receipts and disbursements of the In¬
stitution. The proper checks and balances are wanting
among the various receiving and disbursing officers of the
Institution. Your committee recommend that the law be
passed, requiring that the books of the Institution be no lon¬
ger kept in this indifferent manner.
Your committee do not by this suggestion, reflect on any
of the officers of the Institution.
The following message was received from the Senate by
Mr. Bailey, their Secretary, to wit :
Mr. Speaker: The Senate has passed the bill of the House
of Representatives, to amend the charter of the city of Ma¬
con, so far as respects the time of holding charter elections
of said city.
34a
The following message was received from his Excellency
the Governor, by Mr. Glascock, his Secretary:
Executive Department, >
Milledgeville, December 12th, 1840. )
I have the honor to lay before the Legislature the copy of
a letter from the Honorable James N. Wingfield, John T,
Wooten, and George W. Carter, informing me of the remo¬
val from the State, of General Paul 3. Semmes, of the first
brigade of the fourth division of the militia of this State, by
which that office has become vacant.
charles J. Mcdonald.
Which was read and laid on the table.
The following resolution was laid on the table by Mr. At¬
kinson, and read.
Resolved, That the committee appointed to investigate the
frauds committed on the elective franchise, in Sumter coun¬
ty, be required forthwith to make their report.
Mr. Moultrie introduced a bill to authorize the Justices of
the Inferior Court of Scriven county, or a majority of them,
to change and remove the county site from Jacksonborough
to some more central and eligible place in said county, and
to provide for the same; which was read the first time.
The House took up the amendment of the Senate to the
bill of the House, to compel the several banks of this State
to redeem their liabilities in .specie, and to provide for the
forfeiture of the charter or charters of such as may refuse.
A part of the first section of the bill reads as follows:
"shall on or before the first day of February, 1841, pay to
any persons or banks whatsoever, in specie, every bill, &c."
which was amended by the Senate, by striking out the
words "or banks whatsoever,'* and inserting after "any,"
the words "person or persons, banks and brokers excepted.'*
Mr. Toombs moved to concur in the amendment of the
Senate.
Mr. Whitfield offered the following as a substitute for the
amendment of the Senate: "pay to any person or persons,
except banks, and all other incorporated companies, brokers,
and citizens of other States, their agents, or other person or
persons in their behalf."
Mr. Foster moved to amend the amendment, by striking
out the words "and citizens of other States, their agents, or
other person or persons in their behalf."
Mr. Toombs called for the previous question, which was
sustained by the House j and on the question, shall the main
question now be put? it was decided in the affirmative.
Whereupon, the yeas and nays were required to be re¬
corded, and are yeas 152, nays 21.
341
Tliose who voted
Anderson of Chat¬
ham,
Anderson of Frank¬
lin,
Anderson of War¬
ren,
Ashley,
Atkinson,
Barclay,
Beavers,
Bell,
Bentley,
Black,
Boothe,
Boynton,
Brown of Fayette,
Brown of Houston,
Bryan, of Houston,
Bryan, of Wayne,
Burt,
Carlton,
Cannon,
Chandler,
Chapman,
Chester,
Collier,
Covenah,
Craft,
Crawford of Ogle¬
thorpe,
Credille,
Crutchfield,
Cutright,
Daniel, of Greene,
Daniel, of Thomas,
Darden, of Troup,
Darden of Warren,
Dark,
Davenport,
Davis,
Dawson,
Delauney,
Dixon of Walker,
Emanuel,
Erwin,
Espy,
F arnall,
Flournoy, of Wash¬
ington,
in the affirmative, are Messrs.
Ford of Cherokee, McDuffie,
Ford, of Lee,
■Foster,
Franks,
Green of Forsyth,
Greene of Macon,
Green of Pike,
Hagerman,
Hall,
Hampton,
Hardage,
Hardman,
Hardy,
McGahagan,
McMath,
McMillian of
Thomas,
Millen,
Mitchell,
Moon,
Moore,
Morris of Cobb.,
Morris, of Murray,
Moultrie,
Mulkey,
Harrison of Putnam Murphey of D eKalb
Harrison, of Ran- Murphey of Wilkin-
dolph,
Harris,
Hendry,
Hibbert,
Hines,
Hotchkiss,
Howard,
Hubbard,
Hudgins,
Hudson,
Hunter,
son,
' Neal,
Nixon,
Osborne,
Palmer,
Parks,
Pettee,
Pitman,
Pitts,
Preston,
Price,
Johnson of Appling, Pry or,
Johnson of Heard, Rea,
Johnson of Troup, Read,
Jones of Columbia, Reeves,
Jones of Franklin, Reynolds,
Jones, of Monroe,
Keaton,
King,
Lawson,
Lee,
Lefils,
Rhodes,
Roberts,
Robertson of Co¬
lumbia,
Robinson of Jasper,
Sanders,
Sanford,
Sermons,
Shaw,
Sheffield,
Smith,
Martin, of Morgan, Stewart, of Mcintosh
Martin, of Gwinnett,Stuart of Ware,
Long,
Loyall,
Lynch,
Mann of Morgan,
Mann of Tattnall,
Maxwell,
Mays, of Cobb,
May of Warren,
McCall,
McCrimmon,
Stone,
Stroud of Clark,
.Stroud, of Walton,
Sumner,
Taylor,
342
Thompson, West, Williams of Bulloch,
Toombs, Whigham of Macon, Williams of Harris,
Towles, White of Jasper, Williams of Talbot,
Turner, White of Pike, Wilson,
Warren, Whitworth, Wooten.
Those who voted in the negative, are Messrs.
Carroll, Gathright, Shropshire,.
Chappell, Hatcher, Stephens,
Chipley, Liddle, Tanner,
Crawford of Rich- Meadows, Tarver,
mond, Nash, Waldhour,
Ellis, Robinson of LaureusWelborne,
Flournoy of Musco- Rodgers, Whitfield,
gee, Sapp, Wingfield.
The main question, which was upon concurring in the
amendment of the Senate, was then put, and determined in
the affirmative.
Whereupon, the yeas and nays were required to be re¬
corded, and are yeas 144, nays 33.
Those who voted in the affirmative, are Messrs.
Anderson of Chat- Harden of Troup, Hardman,
ham, Harden of Warren, Harrison of Ran-
Anderson, of Frank-Hark, dolph,
lin, Bavenport, Harris,
Anderson of WarrenB avis, Hatcher,
Ashley, Hawson, Hendry,
Atkinson, Helauney, Hibbert,
Barclay, Bixon, of Walker, Hines,
Beavers, Hodson, Hotchkiss,
Bell, Ellis, Howard,
Bentley, Emanuel,, Hubbard,
Black, Erwin, Hudgins,
Boothe, Evans, Hudson,
Boynton, F arnall, Hunter,
Brown of F ayette, Flournoy of Wash- Johnson of Appling,
Bryan of Wayne, ington, Johnson of Heard,
Carlton, Ford of Cherokee, Johnson of Troup,
Cannon, Ford of Lee, Jones of Columbia,
Chandler, Franks, Jones of Franklin,
Chapman,- Gathright, Jones of Monroe,
Chester, Green, of Forsyth, Keaton,
Craft, Greene of Macon, King,
Crawford, of Ogle- Green of Pike, Lawson,
thorpe, Hall, Lee,
Crutchfield, Hammond, Lefils,
Haniel of Green, Hampton, Long,
Banifl of Thoma3, Hardage, Lowe*
343
Hoy ail, Nixon,
Mann of Morgan, Palmer,
Mann of Tattnall, Parks,
Martin of Morgan, Pettee,
Martin of Gwinnett, Pitman,
Maxwell,
Mays of Cobb,
May of Warren,
McCrimmon,
McDuffie,
McGahagan,
McMath,
Pitts,
Preston,
Price,
Pry or,
Read,
Reeves,
Reynolds,
McMillen of Jack- Rhodes,
Richardson,
Roberts,
Robertson of
lumbia,
Co-
Smith,
Stewart of Mcintosh.
Stuart of Ware,
Stone,
Stroud, of Clark,
Stroud of Walton,,
Sumner,
T anner,
T arver,
T aylor,
Towles,
'Turner,
Warren,
Webb,
Welborne,
West,
Whigham of Macon,
Robinson of Jasper, White of Jasper,
Robinson of-LaurensWhite of Pike,
Rodgers, Whitfield,
Sanders, Whitworth,
•Sanford, Williams of Bulloch
Wilson.
son,
McMillian, of
Thomas,
Millen,
Mitchell,
Moon,
Moore,
Morris of Cobb,
Morris of Murray,
Murphey of DeKalbShaw,
Neal, Sheffield,
Those who voted in the negative, are Messrs.
Brown of Bibb, Flournoy of Mus- Sermons,
cogee, Shropshire,
Foster, Stephens,
Hagerman, Thompson,
'Harrison of Putnam Toombs,
Jones of Harris, Trayler,
Liddle, Waldhour,
Walker,
Williams of Harris,
Brown of Houston,
Burt,
'Carroll,
Chappeli,
Chipley,
-Covenah,
Crawford, of Rich- Lynch,
mond, McCall,
Credille,
Outright,
Williams of Talbot,
Wingfield.
Meadows,
Osborne,
Espy, Rea,
The House took up the special order, being the report of
the select committee upon the claims of the heirs of George
Halphin deceased; and some discussion being had thereon,
n.'motion to adjourn prevailed.
The House was adjourned to 3 o'clock this afternoon.
Thkek o'clock, P. M.
The House met pursuant to adjournment.
The following message was received from his Excellency
she Governor, by Mr. Glascock, his Secretary.
Executive Department, >
Milledgeville, 14th Dec., 1840. y
Gentlemen of the Senate
and House of Representatives:—
Since your assemblage on the second ultimo, the Cottom
crop of the present year has been generally gathered, and
the quantity raised has fallen so- far below the most reasona¬
ble calculation, that without a forbearance on the part of'
creditors,, not to be expected, the pecuniary distress of the
people for the next year, will be unprecedented and ruinous-
i feel it my duty, therefoie, to call your attention to this
subject before your adjournment, that you may adopt such
constitutional measures for the relief of the people, as your
wisdom may suggest, as expedient: and proper.
The Central Bank, burthened as it is and necessarily
must be, by appropriations for the support of Government,
cannot extend farther accommodations; and if you concur
with me in the opinion, that the exigency demands at your
hands, some efforts for the aid of the people through the dif¬
ficulties of the ensuing year—disappointed as they are in>
the usual means of meeting their engagements, by the almost
total failure of the cotton crop in some places, and its great
diminution everywhere—you cannot turn your attention, too
soon to the subject.
Being unapprised: of any measure proposed by you for
this object,, and not being willing to incur the expenses inci¬
dent to an extraordinary session of the Legislature, when it
is as well known- now as it can be some months hence, that
the necessities of the people will certainly require relief,.,
which none but the supreme authority can afford, I venture-
to place the matter before you, not doubting that all will be
done by you that can-be, to avert the consequences of a ca¬
lamity that could not have been foreseen, and that no- pru¬
dence could' have guarded against.
charles j. Mcdonald.
Mr. Toombs offered the following resolution, which was
read and agreed to.
His Excellency, the Governor, having in a special com¬
munication to-day, called the attention of this House to the
present and anticipated: embarrassments of the good people-
of this State:
Be it threfore resolvedThat his Excellency the Governor,
be and he is hereby respectfully requested to suggest to the
consideration of this House, at his earliest convenience,
some definite measure for the relief of the people..
On motion of Kir. Bethea,,
The House ordered the following sections to be spread" oir
the Journal which he intended to have offered as additional.
345
sections to the bill to repeal an act to alter and amend an
act to establish a Bank at Milledgeville, to be called and
known by the name and style of the Central Bank of Geor¬
gia, &c. passed 22d December 1828, passed 21st December
1839; and to provide for the protection of the circulation of
said bank, and for other purposes—and which were intend¬
ed to follow his substitute for the second section of said
bill, had it been received:
"Ajid be it further enacted, That the Directors of said Cen¬
tral Bank, be and they are hereby authorized to issue, or
cause to be issued, bills to twice the amount of the remain¬
ing two millions of dollars; which said amount so issued,
shall be loaned to the citizens of Georgia, in manner and
form as prescribed in the charter of said Bank.
"And be it further enacted, That the amount so raided upon
said bonds, and disbursed as aforesaid, shall draw an inter¬
est of eight per cent.
The House~resumed the consideration of the unfinished
business of the forenoon being the reports of the majority
and minority of the Select Committee on the claim of the
heirs of George Galphin, deceased.
Mr. Stewart of Mcintosh, moved to adopt the report of
the minority of the committee, in lieu of that of the majority;
which was carried.
Whereupon the yeas and nays were required to be re¬
corded, and are yeas 117, nays 52.
Those who voted in the affirmative, are Messrs.
Anderson, of F rank-C rutchfield, F ranks,
fin, Daniel, of Thomas, Green of Forsyth,
Anderson of WarrenDarden of Troup, Green, of Pike,
Ashley, Darden of Warren, Hall,
Atkinson, Dark, • Hardage,
Barclay, Davenport, Hardman,
Beavers, Dawson, Harrison of Ran-
Bell, Dixon, of Walker, dolph,
Bentley, Dodson, Harris,
Bethea, Dufour, Hatcher,
Boothe, Ellis, Hendry,
Brown, of Fayette, Erwin, Hibbert,
Brown, of Houston, Espy, Hines,
Bryan, of Wayne, Farnall, Howard,
Carlton, Fitzpatrick, Hudgins,
Cannon, Flournoy, of Mus- Johnson of Appling,
Carroll, cogee, Jones of Columbia,
Chandler, Flournoypf'Wash- Jones of Franklin,
Chester, ington, ' Jones of Harris,
Collier, Ford of Cherokee, Keaton,
Craft, Ford of Lee, Lawson,
346
Lee,
Lefils,
Lidclle,
Long,
Lowe,
Loyall, son,
Mann, of Tattnall, Neal,
Martin of Gwinnett, Nixon,
Mays, of Cobb,
May, of Warren,
McCall,
McCrimmon,
McDuffie,
McGahagan,
McMath,
McMillen of JacksonRead,
McMillian, of Reeves,
Thomas, Roberts,
Meadows, Rodgers,
Mitchell, Sanders,
Moon, Sanford,
Morris of Cobb, Sapp,
Morris, of Murray, Sermons,
Murphey of DeKalb Sheffield,
Murphey,of Wilkin- Smith,
Stewart of Mcintosh
Stroud, of Walton,
Sumner,
Tanner,
Tarver,
Thompson,
Towles,
Turner,
Waldhour,
Webb,
Welborne,
White of Pike,
Williams ofBulloch,
Williams, of Harris,
Wilson.
Palmer,
Parks,
Pettee,
Pitts,
Preston,
Price,
Rea,
Those who voted in the negative, are Messrs.
Anderson of Chat'm Hampton, Robinson of Laurens
Black, Hardy, Shaw,
Brown of Bibb, Harrison of PutnamShropshire,
Bryan of Houston, Hotchkiss, Stephens,
Chappell, Hubbard, Stuart of Ware,
Chipley, Johnson, of Troup Stiles,
Covenah, Jordan, Stone,
Cooke, King, Stroud of Clark,
Crawford, of Ogle- Lynch, Taylor,
thorpe,
Credille,
Outright,
Daniel of Greene,
Evans,
Gathright,
Greene, of Macon,
Hagerman,
Hammond,
Mann, of Morgan, Toombs,
Millen,
Moore,
Mulkey,
Nash,
Osborne,
Pryor,
Rhodes,
Richardson,
W ales,
Walker,
Warren,
West,
Whigham of Macon,
White of Jasper,
Whitworth,
Williams of Talbot.
Mr. Stephens laid the following resolution on the table:
Whereas, by the war of the revolution, a large tract of
ungranted land was acquired by the State of Georgia : and
whereas, said land was encumbered with the claim of cer¬
tain persons known as Indian traders ; among whom was
the late G eorge Galphin, of Silver Bluff, of the State of South
Carolina, whose claim amounts to the sum of <£9791 15s. 5d.
•as principal: and whereas, a large portion of said lands was
'347
granted by this State to the continental soldiery, engaged in
the service of the United States.
Be it therefore resolved by the Senate and House of Ttcprcsen-
tatives of the State of Georgia in General Assembly met, and it is
hereby resolved by the authority of the same, That our Senators
and Representatives in Congress be requested to urge on the
consideration of the General Government, the payment of
the claims of the legal representatives of said Galphin.
And be it further resolved, That his Excellency the Govern¬
or, be requested to forward copies of the foregoing report
and resolution, to the Senators and Representatives of this
State, in the Congress of the United States.
On motion, it was
Resolved, That when the House adjourn, it adjourn to
meet at half-past seven o'clock, this evening.
The House then adjourned until half-past seven o'clock,
this evening.
7£ o'clock, P. M.
The House met pursuant to adjournment.
On motion, the order was suspended, when the following,
bills of Senate were severally taken up and read the first
time, to wit:
A bill amendatory of an act, entitled an act to appoint
commissioners for the Washington County Academy, and
to make the same a body corporate, assented to 30th No¬
vember, 1819.
A bill to amend an act entitled an act, to incorporate the
Augusta and Waynesborough Rail Road, assented to 31st
December, 1834.
A bill for the relief of William Conyers and James H.
Martin, securities of Herbert Rainey.
A bill to incorporate the Female Academy in Fayetteville,
Fayettg county, and to appoint trustees for the same; and
to repeal an act to incorporate Fayette County Academy,
passed 24th December, 1836; and for other purposes there¬
in named.
A bill to remove the election precinct, from the house of
John Lovejoy, to the house of Alonzo P. Morris, in the 12th
district of Henry county, and establish a precinct at Pitts¬
burg, in the sixth district of said county; and to establish
an election precinct at the forty-sixth district in Bulloch
county.
A bill requiring the sheriffs and clerks of the several coun¬
ties of the Cherokee circuit, to insert their advertisements in
some public gazette within the said circuit.
348
A bill to incorporate the Sharon Springs, in Henry county,
and to constitute the resident board of trustees of the Mercer
University, commissioners of the town of Penfield, in Greene
county.
A bill to change the county line from certain points, be¬
tween the counties of Marion and Muscogee, so as to make
the line strait.
A bill to extend the corporate limits of the town of Tal-
botton.
A bill to incorporate the First Presbyterian Church of
Savannah.
A bill to consolidate the offices of tax collector and receiv¬
er of tax returns of the county of Effingham ; and to author¬
ize the Justices of the Inferior Court of the counties of Rich¬
mond and-Lee, to levy an extra tax, &c.
A bill to incorporate the Cross Plains and Red Clay
Branch Rail Road Company of Georgia."
The following bills of the House were severally taken up
and read the second time, and referred to a committee of
the whole.
A bill to change the name of the Farmers' Bank of Chat¬
tahoochee, and for other purprses.
A bill to alter and change the county line between the
counties of Paulding and Floyd, in this State, so as to add
a portion of Floyd county to that of Paulding.
A bill to carry into operation the Lunatic Asylum of the
State of Georgia.
The following bills of Senate were taken up and severally
read the second time and referred to a committee of the
whole House, to wit:
A bill to authorize John J. Dodd, of the county of Floyd,
to establish a ferry across the Oostenauly river, on his own
land.
A bill to authorize overseers of roads, for Chattooga coun¬
ty, to appoint warners, and to define their duties.
A bill to alter and amend an act, entitled an act to carry
into effect the sixth section of the fourth article of the Con¬
stitution touching the distribution of intestate estates,'&c.
A bill to alter and amend the several acts in relation to
attachment and bail processes.
A bill to incorporate South River Academy, in the county
of Butts, and to appoint trustees for the same.
A bill to regulate the times of holding the Superior Courts
of the Southern circuit.
A bill to consolidate the offices of receivers of tax returns
and tax collectors of this State, so far as relates to the coun¬
ty of Appling.
A bill to regulate and appropriate the common school fund,
so far as respects the county of Wilkinson.
349
A bill to establish additional election precincts, -in the
counties of Irwin and Campbell; and to change an election
precinct in the county of Marion.
A bill to incorporate the village of Palmyra, in the county
of Lee, and to appoint commissioners for the same.
A bill to alter and amend the eighth section of the Judi-.
ciary act of this State, passed 16th February, 1799, and to
define more particularly the fees of clerks.
A bill to alter and amend the thirtieth section of the tenth
division of an act, entitled an act to reform, amend, and
consolidate the penal laws of the State of Georgia, approved
23d December, 1833.
A bill to create and establish a free system of Education,
by common schools, in the county of Bulloch.
A bill more effectually to prevent illegal voting.
A bill requiring the record of all deeds of gift from the
parent to the child or children, where actual possession of
the property therein conveyed, is not given at the time of
the execution thereof.
A bill to incorporate the Baptist church in Pulaski county,
known by the name of the Mount Horeb Church, and to ap¬
point trustees for the same.
A bill to amend an act, passed on the 23rd December,
1839, to alter and change the site of the public buildings of
the county of Dooly, to some point more central, and to
make permanent the same; and to compensate the owners
of town property in the town of Drayton, the present site of
the public buildings, and for other purposes ; which, on
motion, was made the special order of Wednesday next.
A bill to extend the corporate limits of the town of Athens,
in the county of Clark, and to change the place of holding
the elections for officers of the corporation in said town.
A bill to amend the rent laws of this State, so far as re¬
lates to the city of Augusta.
A bill to alter and change the name of Salem, the county
site of Dade county, to that of Trenton.
A bill to change the names of certain persons named
therein, and to legitimatize the same.
A bill to incorporate the Presbyterian Church of Roswell,
Cobb county.
A bill to alter and change the line between the counties of
Walker and Dade.
A bill to admit tax collector's deeds in evidence, in certain
cases therein named.
A bill to add the residence of John Mulkey, of the coun¬
ty of Houston, to the county of Macon.
A bill to make permanent the site of public buildings, and
seat of justice for the county of Gilmer, in the town of Elli-
jay, and to incorporate the same.
A bill to authorize purchasers of city lots, and lots of land
350
in the cities of Macon and Columbus, and in the reserves
thereof, to redeem them from forfeiture.
A bill to prescribe the duties of Attorneys, in entering up
judgments ; and the duties of clerks and sheriffs, in relation
to executions.
A bill to compel the commissioners of the Western and
and Atlantic Rail Road to pay certain costs, and for other
purposes named.
A bill to incorporate the several Academies herein named,
and to appoint trustees for the same ; and to confer certain
rights and privileges upon the same.
A bill to make deaf and dumb persons idiots in law; so
far as to authorise the appointment of guardians in certain
cases.
A bill to authorize the sheriffs of Lincoln county to insert
their advertisements in one of the newspapers published in
the city of Augusta; or in any newspaper published in the
Northern Judicial circuit.
A bill to repeal so much of an act, entitled an act to com¬
pensate the grand and petit jurors of certain counties therein
mentioned, so-far as relates to the county of Emanuel, as¬
sented to December 23d, 1837.
A bill to repeal an act, entitled an act to prevent the sev¬
eral Banks of this State from selling or disposing of Ex¬
change, at a higher rate per cent, than herein expressed, un¬
der certain conditions; and to prescribe the mode of pun¬
ishment for a violation of the same, assented to 23d Decem¬
ber, 1839.
A bill to incorporate the Milledgeville Turnpike or Rail
Road Company.
A bill for taking the evidence of parties to suits at law, to
be used on the trial of their causes.
A bill to incorporate the Irwinton Factory, in the county
of Irwin.
A bill to alter and amend the forty-third section of the
fourth division of the penal code.
A bill to authorize constables to serve processes and per¬
form other acts pertaining to their office, in any district in
the county, in certain cases therein specified.
A bill to regulate slaves and free persons of color, in the
counties of Mcintosh and Liberty, assented to December
21st, ,1839.
A bill to incorporate an academy in the city of St. Marys,
Camden county; also, to incorporate an Academy in the
county of Cobb, and to appoint trustees for the same.
A bill to make clerks of the Courts of Ordinary, elective
by the people.
A bill amendatory of an act, entitled an act to authorize
the Justices of the Inferior Courts of the several counties in
this State, to create and lay out any new districts, or change
351
and alter the lines of those already laid out, assented to ora
the 23d December, 1839.
A bill to extend the corporate limits of the town of McDo-
nough, in the county of Henry, and to confer upon the com¬
missioners of said town the right of assessing taxes upon
the citizens thereof, or the performance of road duties, as
the commissioners may deem expedient.
A bill to amend an act, to be entitled an act to grant to
Thomas Spalding and his associates, the right of construct¬
ing a rail road of wood, or digging a canal from the Ocmul-
gee to the Flint river, with certain privileges, approved 22d
December, 1827, and made the special order for Thursday
next.
A bill to repeal an act, entitled an act establishing elec¬
tion districts in the several counties therein named, and to
regulate the same, assented to on the 21st December, 1839,
so far as relates to the county of Stewart.
A bill to alter and fix the time of holding the Inferior
Courts in the county of Fayette.
A bill to alter and amend an act, entitled an act to compel
clerks of the Inferior Courts of the different counties in this
State, to claim Estrays levied on by execution, passed 26th
December, 1831.
A bill to repeal an act, entitled an act to guard and pro¬
tect the citizens of this State against the unwarrantable and
too prevalent use of deadly weapons, passed the 25th De¬
cember, 1837.
A bill to change the places of holding election precincts,
in the several counties therein named.
On motion of Mr. Hotchkiss,
The bill to compensate grand and petit jurors in the coun¬
ty of Scriven, was taken up and made the special order for
to-morrow evening.
The House then adjourned to nine o'clock, to-morrow
morning.
TUESDAY, December 15, 1840.
On motion of Mr. Wingfield, the order was suspended,
when he introduced the following Resolution, to wit:
Resolved, That both branches of the General Assembly
convene in the Representative hall, this day, at 12 o'clock,
for the purpose of electing a Brigadier General for the first
Brigade and fourth Division, G. M.; which was read and
agreed to, and the clerk directed to carry the same forthwith
to the Senate.
352
The order was further suspended, when Mr. Shropshire
introduced the following Resolution:
Whereas, there is much time lost in suspending rules, &c.,
Be it therefore resolved, That the Speaker of the House of
Representatives be requested to take up and conduct busi¬
ness in its order now before the House, as he may think best
calculated to expedite the business on the table.
The following message was received from the Senate, by
Mr. Bailey, their Secretary, to wit:
Mr. Speaker: The Senate has passed a bill to authorize
Shubel Tenney to open and keep open the North Oconee
River frt>m Athens to King's Bridge ; and to vest in him, his
heirs and assigns, the said right, for the term of ten years,
and to fix the maximum rates of transporting klumber, wood
and produce thereon.
Also, has agreed to a resolution directing the commission¬
ers of the Western and Atlantic Rail Road to take measures
to complete said Road to Burroughs', in Cass county, or to
some point in Murray county, at which the Hiwassee Rail
Road can most conveniently unite with it.
To which the concurrence of this branch of the General
Assembly is desired.
The House took up the further special order of Friday
last, to wit:
The Report on the bill to authorize the President and Di¬
rectors of the Central Bank to make settlements with the
Bank of Darien and its branches, or either of them; and
amended and agreed thereto. The bill was read the third
time, and on the question " Shall this bill now pass ?" it was
determined in the negative.
Whereupon the yeas and nays were required to be re¬
corded, and are Yeas 60, Nays 107.
Those who voted in the affirmative, are Messrs.
Alexander, Ellis, Lawson,
Anderson of Frank- Ford of Cherokee, Lee,
lin, Green, of Forsyth, Lefils,
Barclay, Hall, Riddle,
Beavers, Hammond, Mays, of Cobb,
Brown, of Fayette, Harris, Mitchell,
Bryan, of Wayne, Hibbert, Moon,
Cannon, Hotchkiss, Morris, of Murray,
Carroll, Howard, MurpheyofDeKalb
ChappeE, Hudgins, Murphey, of Wil-
Crutchfield, Hunter, kinson,
Cutright, Johnson of Appling Neal,
Dark, Jones of Franklin, Nixon,
Dawson, Keaton, Osborne,
363
Calmer,
Pitman,
Pitts,
Read,
Rodgers,
Sanders,
Sanford,
Shropshire, Thompson,
Smith, Towles,
Stewart of Mcintosh Wales,
Stiles, White of Pike,
Stroud of Walton, Williams of Bulloch,
Sumner, Wilson.
T anner,
Those who voted in the negative, -are Messrs
Anderson of WarrenFord, of Lee,
Ashley, Foster, -
Bell, F ranks,
Bentley, Gathright,
Bigham, Green of Macon,
Black, Hagerman,
Boothe, Hampton,
Boynton, Hardage,
Brown, of Bibb, Hardeman,
Brown of Houston, Hardman,
Bryan, of Houston, Hardy,
Burt, Harrison,of PutnamPrice,
Carlton, Harrison of Ran- Rea,
Ghester, dolph, Rhodes,
Ghipley, Hatcher, Richardson,
Collier, Hendry, Robertson of Column
McDuffie,
McGahagan,
Meadows,
Moore,
Morris of Cobb,
Mulkey,
Nash,
O'Neal,
Parks,
Pettee,
Preston,
Cooke, Hines,
Craft, Hitchcock,
Crawford, of Ogle-Hubbard,
thorpe, Hudson,
Crawford, of Rich- Johnson of Heard,
mond, Johnson of Troup, Stuart of Ware,
Credille, Jones of Columbia, Stroud of Clark-,
Daniel of Greene, Jones of Harris,
Daniel Of Thomas, Jones, of Monroe,
Harden, of Troup, Jordan,
Harden of Warren, King,
Havenport, Lowe,
Davis, Loyall,
Dickson of Talbot, Lynch,
Dodson, Mann of Morgan,
Emanuel, Mann of Tattnall,
Evans, Martin of Morgan,
F arnall,
Fitzpatrick,
bia,
Sapp,
Sermons,
Shaw,
Stephens,
Taylor,
Toombs,
Trayler,
Turner,
Waldhour,
Walker,
Warren,
W elborne,
Whigham of Macon
White of Jasper,
Martin, of Gwinnett, Williams of Harris,
Maxwell, Williams, of Talbot,
Flournoy, of Wash- McCall, Wingfield,
ington, McCrimmon, W ooten.
The House took tip the special order of the day, to wit:
The Report on the bill to repeal an act entitled An act t©
incorporate the Bank of Darien, passed the 15th day of De-
23
354
cember, 1818; and also an act entitled An act to extend the
charter of the Bank of Darien, and the acts now in force
amendatory thereto, passed the 19th December, 1834; and
to provide for the settlement of the affairs of said Bank ^
and amended and agreed thereto. The bill was read the
third time, and on the question "Shall this bill now pass ?"
the yeas and nays were required to be recorded, and are
Yeas 122, Nays 56.
Those who voted in the affirmative are Messrs.,
Alexander, Hagerman,
Anderson, ofChat'm,Hammond,
Anderson of WarrenHampton,
Bell, Hardeman,.
Bentley,. Hardman,
Bigham,, Hardy,
Black, Hendry,.
Boynton, Hines,
Brown, of Bibb, Hitchcock,
Brown, of Houston,Hubbard,
Burt,
Chappell,.
Chester,
Chipley,.
Cooke,
' Crawford of Ogle¬
thorpe,
Morris, of Cobb,
Moultrie,.
Mulkey,.
Neal,
Nash,
O'Neal,
Osborne,
Parks,
Pitman,
.Preston,
Price,
Hudson,
Johnson of Appling,Pryor,
Johnson, of Heard, Rea,
Johnson of Troup, Reeves,
Jones of Columbia, Reynolds
Jones of Franklin, Rhodes,
Jones of Harris,
Crawford of Rich'm Jones of Monroe,
Credille, Jordan,
Cutright, Kin
Daniel of Greene,
Daniel of Thomas,
Dardenof Troup,
Darden of Warren, Lynch,
Davenport, Mann, of Morgan,
Davis, Mann, of Tattnall,
Dickson, of Talbot, Martin, of Morgan,
Dodson, Martin of Gwinnett, Tanner,
Emanuel,, Maxwell, Tarver,
Evans, May of Warren, Taylor,
Fitzpatrick McCall, Thompson,
Flournoy, of Mus- McCrimmon. ~
cogee, McDuffie,
Flournoy of Wash.- McGahagan,
'fcj*
Long,
Lowe,
Loyall,
Richardson,.
Robertson, of Co¬
lumbia,
Sapp,
Sermons,
Shaw,
Stephens,
Stewart of Mcintosh
Stuart, of Ware,
Stroud, of Clark,
Sumner,
ington,
Ford of Lee,
Foster,
Franks,
Greene, of Macon,
Green, of Pike,
McMath,
McMillian, of
Thomas,
Meadows,
Mitchell,
Moore,
Toombs,
Trayler,
Waldhour,
Wales,
Walker,
Warren,
West,
Whigham of Macon,
Whigham,of Marion
355
White of Jasper,
White of Pike,
Whitworth,
Williams of Harris, Wooten.
Wiliams of Talbot,
Wingfield,
Those who voted in the negative, are Messrs.
Atkinson, Harrison of Ran- Nixon,
Barclay, jjdolph,
Beavers, arris,
Brown of Fayette, Hatcher,
Bryan of Wayne, Hibbert,
Carlton,
Cannon,
Carroll,
Collier,
Crutchfield,
Dark,
Dawson,
Dufour,
Ellis,
Erwin,
Ford of Cherokee,
Gathright,
Green of Forsyth,
Hall,
Hardage,
So the bill passed
Palmer,
Pitts,
Read,
Roberts,
Rodgers,
Sanders,
Sanford,
Sheffield,
Shropshire,
Smith,
Stone,
Stroud, of Walton,
Towles,
Turner,
Welborne,
MurpheyofDeKalb Whitfield,
Murphey of Wilkin- Williams of Bulloch
son, Wilson.
Howard,
Hudgins,
Hunter,
Keaton,
Lawson,
Lee,
Lefils,
Liddle,
Mays, of Cobb,
Moon,
Morris of Murray,
Leave of absence was granted to Mr. Delauney for a few
days after to-day, on special business; to Mr. Robinson, of
Jasper, for a few days on account of indisposition; and to
Mr. Harrison, of Randolph, after the 19th instant, on special
business.
The House took up the further special order of the day,
to wit: the Report on the bill to repeal an act entitled An
act to add part of Newton county to Jasper county, assented
to 22d December, 1831; and also to transfer certain suits
from the county of Jasper to the county of Newton; and
agreed thereto. The bill was read the third time, and on
the question " Shall this bill now pass ?" the yeas and nays
were required to be recorded, and are'Yeas 102, Nays 83.
Those who voted in the affirmative, are Messrs.
Alexander, Brown, of Bibb, Crawford, of Rich-
Anderson of WarrenBrown, of Houston, mond,
Ashlev, Bryan, of Houston, Credille,
Bentley, Chappell, Outright,
Bethea, Chipley, Daniel, of Greene,
Bi°ham, Craft, Daniel, of Thomas,
Black, Crawford of Ogle- Darden of Troup,
Boynton, thorpe, Darden of Warren,
366
Davenport, Jordan,
Davis, King,
Dickson, of Talbot, Long,
Dodson,
Emanuel,
Evans,
Flournoy of Mus¬
cogee,
Lowe,
Loyall,
Lynch,
Mann of Morgan,
Mann of Tattnall,
Flournoy, ol Wash-Martin of Morgan,
Reeve SV
Reynolds,
Rhodes,
Richardson,
Robinson ofL aureus
Sapp,
Sermons,
Shaw,
Stephens,
mgton,
Ford, ofL^e,
Foster,
Franks,
Greene, of Macon,
Hagerman,
Hampton,
Hardeman,
Hardman,
Hardy,
Harrison of PutnamNash,
Hitchcock, O'Neal,
Hubbard, Osborne
Hudson, Parks,
Johnson, of Heard, Pitman,
Johnson, of Troup, Preston,
Jones, of Columbia,Pryor,
Jones of Harris, Rea,
Jones, of Monroe,
Martin, of Gwinnett, Stuart, of Ware,
Maxwell,
May, of Warren,
McCall,
McCrimmon,
McMath,
Stroud of Clark,
Taylor,
Toombs,
Trayler,
Waldhour",
McMillian, of Tho's,Wales,
Meadows,
Moore,
Mulkey,
Walker,
Warren,
West,
Whigham of Macon,.
Whigham of Marion
White of Jasper,
Whit worth,
Williams of Harris,
Williams of Talbot,
Wingfield,
O 7
Wooten.
Those who voted in the negative, are Messrs.
Anderson of Chat¬
ham,
Anderson of Frank-
lin,
Barclay,
Beavers,-
Bell,
Boothe,
Brown, of Fayette,
Bryan, of Wayne,
Burt,
Carlton,
Cannon,
Carroll,
Chapman,
Collier,
Cooke,
Crutchfieldy
Dark,
Dawson,.
Dufour,
Ellis,
■ Erwin,
Farnall,
Fitzpatrick,
Ford of Cherokee,
Gathright,
Green of Forsytb,
Green, of Pike,
Hall,
Hammond,
Hardage,
Harrison of Ran¬
dolph,
Harris,
Hatcher,
Hendry,
Hibbert,
Hotchkiss,
Howard,
Hudgins,
Hunter, x
Johnson, of Appling,
Jones of Franklin,
Keaton,
Lawson,
Lee,
Liddle,
Mays of Cobb,
McDuffie,
Millen,
Mitchell,
Moon,
Morris, of Cobb,
Morris of Murray,
Moultrie,
Murphey of De-
Kalb,
Murphey, of Wib
kinson,
357
Neal,
Nixon,
Sanford,
Sheffield,
Shropshire,
Smith,
Tarver,
Thompson,
Palmer,
Towles,
Turner,
Pettee,
Pitts,
Price,
Read,
Stiles,
Stone,
Stewart,of Mcintosh Welborne,
White, of Pike,
Williams, ofBulloch,
Roberts,
Rodgers,
Sanders,
Stroud, of Walton, Wilson.
Sumner,
T anner,
So the bill passed.
Mr. Roberts announced the death of Horatio Webb, Esq.,
late a Representative from the county of Jackson, and offer¬
ed the following Preamble and Resolutions, which were
read and agreed to-
Whereas, it has pleased God, in his wise dispensation, to
take from this world Horatio Webb, late a member of this
House, from the county of Jackson—a man who has, at all
times, sustained a high character for integrity, honesty, truth
and patriotism ; who, in the war of 1814, periled his life in
the defence of his country, and who was here in the dis¬
charge of a high confidence reposed in him by his constitu¬
ency :—And whereas, it becomes our duty to testify our re¬
spect for the deceased in a manner worthy the character he
sustained in life:
Be it therefore resolved by the Senate and House of Representa¬
tives, That a joint committee be appointed to make the
necessary arrangements for the burial of Colonel Horatio
Webb, late a member of this House, from the county of
Jackson; and, as a testimony of our respect for the deceas¬
ed, that we adjourn at 12 o'clock, that the committee may
make such arrangements as may be necessiry.
And be it further enacted, That the House meet at 3 o'clock,
for the purpose of attending the burial of Colonel Horatio
Webb, and that the clerk immediately communicate the
same to the Senate.
The Speaker appointed Messrs. Roberts, Ford of Lee*
Pryor, McMillen of Jackson, and Rodgers.
The House then adjourned to 3 o'clock, this afternoon.
358
Three o'clock, P. M,
The House met pursuant to adjournment.
The following message was received from the Senate, by
Mr. Bailey, their Secretary :
Mr. Speaker i The Senate has concurred with the House
of Representatives in the Resolution of the House, making
arrangements for the interment and burial of Col. Horatio-
Webb, a member of the House of Representatives, from the
county of Jackson, and have appointed a committee, consist¬
ing of Messrs. Bishop, Mays, Echols of Walton, and Beasley,
on the part of Senate, to join the committee appointed on the
part of this branch of the General Assembly.
Mr. Roberts, from the Joint Committee appointed to make
suitable arrangements for the interment of Horatio Webb,
Esq., late a member of this House, made the following re¬
port, which was read and agreed to.
The Committee appointed to make suitable arrangements
in relation to the death and burial of the Hon. Horatio
Webb, Representative from the county of Jackson, have
performed that melancholy duty, and have in their power
to inform the House that the remains of the deceased will
be conveyed to the burial ground in this place, at 4 o'clock,
this evening, for the purpose of inte'rment. It is due the
memory of the deceased, that the records of his country
should bear a permanent testimony of his worth, and the
estimation in which he is held.
By his death, a void is left in his family, his neighborhood
and his country. He filled those interesting relationships
with affectionate and parental tenderness, with benevolence
and hospitality, with perseverance and fidelity, and with
independence and patriotism.
Be it therefore resolved, That we deeply regret and deplore
the afflicting circumstance which deprives this Legislature
of so valuable a member, and the country of so worthy a
citizen ; and that this Legislature, as a token of the high re¬
gard which they entertain for the deceased when living, and
the respect they have for his memory, do wear crape on the
left arm for the space of thirty days.
jResolved, That the House of Representatives will, this
evening, at 4 o'clock,- repair to the lodgings of the deceased,
accompany his remains to the burial ground in this place,
and attend the funeral ceremonies of the interment.
Resolved, That his Excellency the Governor, the President
and members of the Senate, and Executive officers, be in¬
vited to attend the funeral of the Hon. Horatio Webb, this
evening, at 4 o'clock.
359
Resolved further, That the following be the order of fne
procession:
1. Physicians and Clergy.
2. Corps.
3. Chief .Mourners.
4. Committee.
"5. Speaker, Clerk and Members of House of 'Repre¬
sentatives.
6. Governor and Executive Officers.
7. President, .Secretary and Members of Senate.
8. Citizens.
The following message was -received from the Senate, by
Mr. Bailey, .their Secretary :
Mr. SpeaJcer: The Senate has concurred with the House
-of Representatives in the report of the Joint Committee of
the two Houses, relative to the death and burial of the Hon.
Horatio Webb, late a Representative from the county of
.Jackson.
On motion of Mr. Neal, it was resolved, that when the
House adjourn, it meet again at half past 6 this evening.
The House then adjourned to half past 6, this evening.
Half past Six o'clock, p. m.
The House met pursuant to adjournment.
The House took up the special order of the evening, t®
wit: the report on the bill to alter .and amend an act to com¬
pensate the Grand and Petit Jurors of the several counties
'therein named, and to provide for the payment of the same,
so far as relates to the county of Scriven, assented to 23d
December, 1837, and for other purposes therein mentioned^
and agreed thereto. The bill -was read the third time, and
passed.
The following message was received from his Excellency
She Governor, by Mr. Harris, his Secretary:
Executive Department, )
Milledgeville, 15th Dec., 1840. )
I had the honor, yesterday, of asking the attention k>f the
^General Assembly t© such constitutional measure of relief
-to the people from the calamitous. consequences of an un¬
precedented failure of the Cotton Crop, as their wisdom
might suggest as expedient and proper, leaving the selection
of the means by which so desirable an end could be accom¬
plished unembarrassed by any specific recommendation from
369
me r but as each house of the General Assembly passed" a'
resolution on the same day, requesting me to suggest to its
consideration some definite measure for this purpose, I ac¬
cordingly proceed to state the result of my reflections as- tO'
the most appropriate method of affecting it.
The Central Bank having exhausted its means, and new
demands being about to be made upon it to pay the appro¬
priations of the present session which must be met with its-
own bills, for the redemption of which there is no fund except
the notes due that institution by individuals, cannot be relied
ori, in its present condition, for the purpose. The suspension
of the operation of the law would infringe a wholesome pro¬
vision of the Constitution and violate the morality of private
contracts. The sale of State Bonds-to-an amount adequate
to the purpose, and the deposit of the proceeds in the Central
Bank, by which that institution would be enabled to afford
the necessary relief, under such restrictions, as the Legisla¬
ture may prescribe, seems to-be liable to- fewer objections
than any which, suggests itself as practicable..
As the measure proposed, is one of relief, and not intended
to afford facilities for speculation, the funds should be dis¬
tributed to those alone, whose embarrassments require it;
they paying an interest equal to- that paid on the bonds, giv¬
ing unquestionable security to save the State from possibility
of loss. The money used for this purpose, being raised upon
the credit of the State, to supply the deficiency of the cotton,
crop, the borrower should be required to repay it within such
reasonable time as the Legislature may prescribe. As this
is a temporary expedient to meet the present emergency, the
measure should be confined to- the contemplated' object, and
the borrowers should not be encouraged to hope that the pro¬
ceeds of their industry might be applied1 to new engage¬
ments unnecessarily contracted. If the plan now proposed
for giving effect to the measure, be deemed by the General
Assembly objectionable, I would earnestly recommend to
them to devise some other, more faultless, in support of which
they will have my co-operation. The people of an adjoining-
State have derived immediate benefit from a similar measure.
By laboring industriously, and obsering a rigid economy, they
have been- enabled to discharge debts without a sacrifice of
property, which, if pressed, would have brought ruin upon,
them. The matter is again referred to you, with these sug¬
gestions, which would have accompanied my former com¬
munication,,, but for an apprehension that it. might have been
construed, into an indelicate intrusion of the opinion of the-
Executive, as to the details of a measure which, he had sub¬
mitted in the usual manner to the Representatives of the
people.
If I be correct in supposing the condition of the country is
s.uch as to demand some act. of. relief, I, think it important,,
361
and required by the public interest, that you should provide
for it before your adjournment, rather than draw upon a
Treasury already exhausted, for the enormous expenses of
an extra session t But if you should determine against it, I
shall have the expression of Legislative opinion that no>
measure of the sort is demanded by our constituents, which
will render superfluous your special assemblage for this pur¬
pose. charles j. Mcdonald.
Which was read,, and, on motion, referred to a select com-
mitte of five ; whereupon the Speaker appointed Messrs.
Toombs, Stiles, Stroud of Walton, Chappell, and Crawford
of Richmond, that Committee.
The House took up the reconsidered bill to prevent the
driving of cattle from distempered parts or sections into the
counties of Gilmer, Union, Rabun and Habersham; and on
the question " Shall this bill now pass ?" it was determined
in the negative.
Whereupon, the yeas and nays were required to be re¬
corded, and are, yeas 19, nays 136.
Those who voted in the affirmative are Messrs-
Bethea, Flournoy of Mus- Price,
Cannon, co gee, Sanford,
Carroll, Gathright, Smith,
Chipley, Hunter, Stewart of Mcintosh
Dixon, of Walk- Morris, of Murray, Stiles,
er, Nash, Wales,
Ellis, Osborne, Welborne.
Those who voted in the negative, are Messrs.
Alexander, Craft, Emanuel,,
Anderson of Frank- Crawford of Ogle- Erwin,
fin, thorpe, Fitzpatrick,.
Ashley, Crawford, of Rich-Flournoy of Wash-
Beavers, mond, ington.
Bentley, Crawford of Sumter,Ford of Lee,
Black, Credille, Franks,
Boynton, Crutchfield, Greene of Macon,
Brown of Houston, Cutright, Green, of Pike,
Bryan of Houston, Daniel of Greene, Hagerman,
Burt, Daniel of Thomas, Hall,
Chandler, Darden of Troup, Hampton,
Chapman, Darden, of Warren,Hardage,
Chappell, Dark, Hardeman,
Chester, Davenport, Hardman,
Collier, Dawson, Hardy,
Covenah, Dickson, of Talbot, Harrison, ol Put-
Cooke, Dodson, nam,
362
Harrison of Ran¬
dolph,
Harris,
Hatcher,
Hendry, i
Hibbert,
Hines,
Hitchcock,
Hubbard,
Hudgins,
Hudson,
Johnson of Appling,
Johnson of Heard,
Johnson of Troup,
Jones of Franklin,
Jones of Harris,
Jones of Monroe,
Jordan,
Lawson,
Lee,
Liddle,
'Long,
Lowe,
Loyall,
Lynch,
Mann, of Morgan,
Mann of Tattnall,
Martin of Morgan,
Martin of Gwinnett,
Maxwell,
Mays, of Cobb,
May of Warren,
McCrimmon,
McDuffie,
McGahagan,
McMath,
McMillen, of Jack¬
son,
Meadows,
Millen,
Mitchell,
Moon,
Moore,
Morris of Cobb,
Mulkey,
Murphey, of Wil¬
kinson,
Neal,
Nixon,
O'Neal,
Palmer,
Parks,
Pettee,
Pitts,
Preston,
Pryor,
Rea,
Read,
Reeves,
Reynolds,
Rhodes,
Richardson,
Roberts,
Sanders,
Sermons,
Shaw,
Sheffield,
Shropshire,
Stuart of Ware,
Stone,
Stroud of Clark,
Stroud, of Walton,
Sumner,
T anner,
Tarver,
Taylor,
Thomas,
Thompson,
Trayler,
Turner,
Walker,
Warren,
Whigham of Macon,
White of Jasper,
White of Pike,
Whitfield,
Whitworth,
Willliams of Harris,
Wilson,
Wooten.
The House took up the Report on the bill of the Senate
to authorize the Justices of the Peace of the several districts
within the corporate limits of the city of Macon, Bibb coun¬
ty, to hold their courts in the court-house of said county;
and to authorize the Justices of the Peace to require costs
to be paid or secured before suits are commenced; and
agreed thereto. The bill was read the third time and
passed.
Also—The Report on the bill of Senate to compensate
Grand and Petit Jurors, in the county of Ware, and to au¬
thorize the Inferior Court of said county to levy an extra tax
to pay said Jurors; and agreed thereto. The bill was read
the third time and passed.
Also—The Report on the bill of Senate to confirm the
purchase of the Bridges across the Savannah river, at Au¬
gusta, by the City Council of Augusta, to vest in them cer¬
tain rights and privileges connected with said Bridges, and
to amend the several acts in relation to the city of Augusta,
and the Court of Common Pleas of said city, and to exempt
363
certain persons from the performance of Jury duty. The
Report was amended and agreed to ; the bill read the third
time and passed.
Also—The Report on the bill of Senate to amend the road
laws of this State, so far as relates to the county of Mont¬
gomery ; and agreed thereto. The bill was read the third
time and passed.
Also—The Report on the bill of Senate for the relief of
Felix Arthur, of Cass county; and agreed thereto. The
bill was read the third time and passed.
Also—The Report on the bill of Senate to create and
establish a free system of education by common schools, in
the county of Bulloch; and agreed thereto. The bill was
read the third time and passed.
Also—The Report on the bill of Senate to change the
name of William I. Emswiler to that of William J. I. Reeves ;
to change the name of John Thomas Richardson, of Stewart
county, to that of John Thomas Smith ; to change the name
of William Wesley Heath to that of William Wesley La-
. nier ; and to change the name of Lemuel Stokes O'Neal to
that of Lemuel Stokes Lockhart. The Report was amend¬
ed and agreed to ; the bill read the third time and passed.
Also—The Report on the bill of Senate to consolidate the
offices of receiver of tax returns and tax collectors of this
State, so far as respects the counties of Montgomery, Macon,
and Clark; and agreed thereto. The bill was read the
third time and passed.
Also—The Report on the bill of Senate to authorize the
Justices of the Inferior Courts, so far as respects the coun¬
ties of Wilkinson and Floyd, to levy an extra tax for county
purposes. The Report was amended and agreed to, the bill
read the third time and passed.
Also—The Report on the bill of Senate to change the
names of certain persons therein named, and to legitimatize
the same ; the Report was amended and agreed to. The
bill was read the third time and passed.
Also—The Report on the bill of Senate to authorize Wil¬
liam B. Hudley, of the county of Elbert, to establish a Ferry
across Broad River on his own land, and regulate the rates
of ferriage thereof; and to regulate the rates of ferriage of
Henry E. Nash's Ferry, on said river; and agreed thereto.
The bill was read the third time and passed.
The House took up the Report on the bill of the Senate
to authorize Evin Howell, of the county of Gwinnett, to
establish a Ferry across the Chattahoochee river, on his own
land, and to regulate the rates of ferriage thereof; and George
M. Waters, of said county, to establish a Ferry across said
river, on his own land, and to regulate the rates of ferriage
thereof.
364
Mr. Martin, of Gwinnett, moved to strike out the 4th and
5th sections of said bill, which are as follows :
Be it further enacted by the authority aforesaid, That George
M. Waters, of the county of Gwinnett, be, and he is hereby
authorized to establish a Ferry across the Chattahoochee
river, on his own land, in the counties of Gwinnett and For¬
syth ; and that the said George M. Waters is hereby author¬
ized to charge and receive such rates of ferriage as is cus¬
tomary in said neighborhood ; Provided, the said George M.
Waters keep a good and sufficient Flat or Ferry Boat for
the conveyance of passengers, and give due attention to the
same.
And be it further enacted by the authority aforesaid, That the
said George M. Waters shall be bound to make good all and
every damage that may be sustained by his neglect or mis¬
management at said Ferry.
And upon the motion to strike out, the yeas and nays were
required to be recorded, and are Yeas 64, Nays 92.
Those who voted in the affirmative, are Messrs.
Alexander, Ford, of Lee, Mulkey,
Ashley, Franks, O'Neal,
Bentley, Greene, of Macon, Pitman,
Black, Hagerman, Preston,
Boynton, Hampton, Pryor,
Brown of Bibb, Hardeman, Rea,
Brown, of Houston, Hardman, Rhodes,
Chappell, Harrison of Putnam,Richardson,
Chester, Hines, Robertson of Co-
Chipley, Hitchcock, lumbia,
Covenah, Plubbard, Shaw,
Crawford, of Ogle- Johnson, of Heard, Toombs,
thorpe, Jones, of Harris, Trayler,
Crawford of Rich-Jones, of Monroe, Waldhour,
mond, Lowe, Wales,
Crawford, ofSumterLoyall, Walker,
Cutright, Mann, of Morgan, Whigham of Macon,
Daniel, of Greene, Mann, of Tattnall, White of Jasper,
Darden of Warren, Martin, of Gwinnett, Whitworth,
Davenport, McGahagan, Williams of Harris,
Emanuel, McMath, Williams of Talbot,
Flournoy, of Mus- Meadows, Wooten.
cogee, Moore,
Those who voted in the negative, are Messrs.
Anderson of Chat-Barclay, ' Burt,
ham, Beavers, Carlton
Anderson, of Frank-Brown of Fayette, Cannon,
lin, Bryan of Houston, Carroll,
Atkinson, Bryan, of Wayne, Chapman,
865
Hudson, Pitts,
Johnson of Appling, Price,
Jones, of Franklin, Read,
Reeves,
Reynolds,
Collier1,
Cooke,
Craft,
Credille, Lawson,
Crutchfield, Lee,
Harden, of Troup, Liddle,
Hawson, Long,
Hufour, Lynch,
Erwin, Maxwell,
Farnall, Mays, of Cobb,
Fitzpatiick, McCrimmon,
Ford, of Cherokee, McDuffie,
Gathright, Millen,
Green, of Forsyth, Mitchell,
Green, of Pike,
Hall,
Hammond,
Hardage,
of Ran-
Harrison
dolph,
Harris,
Hatcher,
Hendry,
Hibbert,
Hotehkiss,
Howard,
Hudgins,
Roberts,
Sanders,
Sanford,
Sheffield,
Shropshire,
Smith,
Stiles,
Stone,
Stroud, of Clark,
Stroud, of Walton,
Sumner,
Tanner,
Tarver,
Moon,
Morris of Cobb,
Morris of Murray,
Moultrie,
Murphey of D eKalb T ay lor,
Murphey of Wilkin- T homas,
son, Thompson,
Neal, Turner,
Nixon, Warren,
Osborne, Welborne,
Palmer, White of Pike,
Parks, Williams of Bulloch«
Pettee, Wilson.
So the House refused to strike oilt.
The Report was then agreed to; the bill was read the?
third time and lost.
Also-—The Report on the bill of Senate to amend an act
entitled an act to regulate slaves and free persons of color,
in the counties of Mcintosh and Liberty, assented to Dec.
21st, 1839; and agreed thereto. The bill was read the
third time and passed.
Also—The Report on the bill of Senate to extend the cor--
porate limits of the town of McDonough, in the county of
Henry, and to confer upon the commissioners of said town
the right of assessing taxes upon the citizens? thereof, or the
performance of road duties, as the commissioners may deem
expedient; and agreed thereto. The bill was read the
third time and passed.
Also—The Report on the bill of Senate to amend the act
incorporating the Bank of Milledgeville with banking and
insurance privileges, located at Milledgeville, and to change
the name of said Bank; and agreed thereto. The bill was
read the third time and passed.
Also—The Report on the bill of Senate to exempt James
Hall, Senior, of Irwin county, from the several provisions
366
of the acts of the General Assembly concerning Pedlers,
and to authorize him to engage in that business without li¬
cense ; and agreed thereto. The bill was read the third
time and passed.
Also—The Report on the bill of Senate to authorize over¬
seers of roads for Chattooga and Rabun counties to appoint
warners, and to define their duties ; and, being amended,
agreed thereto. The bill was read the third time and passed.
Also—The Report on the bill of Senate to incorporate the
Oxford Female Academy, in the county of Newton, and ap¬
point trustees for the same; and agreed thereto. The bill
was read the third time and passed.
Also—The Report on the bill of Senate to incorporate an
Academy in the city of St. Marys, Camden county ; also, to
incorporate an Academy in the county of Cobb, and to ap¬
point trustees for the same ; and agreed thereto. The bill
was read the third time and passed.
Also—The Report on the bill of Senate to incorporate the
several Academies herein named, and to appoint trustees for
the same, and to confer certain rights and privileges upon
the same ; and agreed thereto. The bill was read the third
time and passed.
Also—The Report on the bill of Senate to repeal so much
of an act entitled An act to compensate the Grand and Petit
Jurors of certain counties therein mentioned, so far as relates
to the county of Emanuel, assented to Dec. 23d, 1837 ; and
agreed thereto. The bill was read the third time and passed.
Also—The Report on the bill of Senate to add the resi¬
dence of John Mulkey, of the county of Houston, to the
county of Macon ; and agreed thereto. The bill was read
the third time and passed.
Also—The Report on the bill of Senate to authorize John
J. Dodd, of the county of Floyd, to establish a Ferry across
the Oostenauly river, on his own land ; and agreed thereto.
The bill was read the third time and passed.
Also—The Report on the bill of Senate to incorporate the
Upson Riflemen, and to give the members thereof certain
privileges ; and agreed thereto. The bill was read the third
time and passed.
Also—The Report on the bill of Senate authorizing the
Sheriffs of Lincoln county to insert their advertisements in
one of the newspapers published in the city of Augusta, or
in any newspaper published within the Northern Judicial
Circuit; and agreed thereto. The bill was read the third
time and passed.
Also—The Report on the bill of Senate to make perma¬
nent the site of public buildings and seat of justice for the
county of Gilmer, in the town of Ellijay, and to incorporate
the same ; and agreed thereto. The bill was read the third
time and passed.
367
Also—The Report on the bill of Senate to consolidate the
offices of receivers of tax returns and tax collectors of this-
State, so far as relates to the county of Appling; and agreed
thereto. The bill was read the third time and passed.
Mr. Whitfield introduced a bill to alter and change the
place of holding elections, in the county of Pulaski; which
was read the first time.
The House then adjourned to nine o'clock, to-morrow
morning.
Mr. Lefils moved to reconsider so much of the Journal
of yesterday as relates to the rejection of the bill to autho¬
rise the President and Directors of the Central Bank to make
settlements with the Bank of Darien and its branches, or.
either of them.
Whereupon the yeas and nays were ordered to be recorded
and are Yeas 84—Nays 76.
Those who voted in the affirmative, are Messrs.
Alexander, Ellis, Lefils, •
Anderson, of Chat- Erwin, Mays, of Cobb,
ham, Fitzpatrick, McCall,
WEDNESDAY, December 16, 1840.
Anderson of Frank- Ford of Lee,
lin,
Franks, .
Gathright,
Green of Forsyth,
McMillen of Jackson
McMillian, of
Beavers,
Bethea,
Bigham,
Black,
Hall,
Hammond,
Thomas,
Moon,
Murphey of DeKalb
Murphey of Wil-
Brown, of Fayette, Hardage,
Harrison of Putnam,Nixon,
kinson,
Brown of Houston,
Bryan, of Houston,
Bryan of Wayne,
Carlton,
Cannon,
Chandler,
Collier,
Covenah,
Crutchfield,
Cutright,
Dark,
Dawson,
Dixon of Walker,
Johnson of Appling,Roberts,
Johnson of Heard, Robinson of Laurens-
Jordan,
Keaton,
Lee,
Harris,
Hatcher,
Hotchkiss,
Howard,
Hudgins,
Hudson,
Hunter,
Rodgers,
Sanders,
Sanford,
Palmer,
Pettee,
Pitts,
Price,
Pryor,
Read,
Reeves,
368
Walker)
West,
White, of Jasper,
Williams, ofBulloch*
Wilson,
IShaW, •Stroud of W alton,
Sheffield,- Sumner,
Shropshire, Tanner,
Smith, Tarver,
Stewart,of MclntoshThompson,
Stiles, Towles,
Stone, Turner,
Those who voted in the negative, are Messrs*
Anderson of WarrenHagerman, Moore,
Bell, Hampton, Neal,
Bentley, Hardeman, Nash,
Boynton, Hardman, O'Neal,
Burt, Hardy, Osborne,
Chapman, Hendry, Parks,
Cooke., Hines, Preston,
Craft, Hitchcock, Rea,
Crawford, of Ogle- Hubbard, Reynolds,
thorpe, Johnson of Troup, Rhodes,
Crawford, of Rich- Jones, of Columbia,Richardson,
mond, Jones of Franklin, Robertson, of
'Crawford of Sumter, Jones of Harris,
Credille, Jones of Monroe,
Daniel of Greene, King,
Daniel of Thomas, Lowe,
Harden, of Troup, Loyall,
Harden of Warren, Lynch,
Hickson, of Talbot, Mann, of Morgan,
Hodson, Mann of Tattnall,
Emanuel, Martin of Gwinnett, W aldhour,
Evans, Maxwell, Warren,
Flournoy, of Mus- May of Warren,
cogee, McCrimmon,
Ford of Cherokee, McGahagan,
Foster, Meadows,
Green, of Pike, Mitchell,
So the motion prevailed*
The following message was received from the Senate, by
Mr. Bailey; their Secretary:
Mr. Speaker: The Senate has passed the following bills,
of the House of Representatives, to wit:
A bill to establish a tribunal lor the trial of Slaves within
this State, passed 16th December, 1811, so far as respects
the county of Mcintosh.
A bill to repeal an act. to exempt certain persons from Jury
and Militia duty in the county of Mcintosh, passed 21st De¬
cember, 1839.
A bill to change and define the line between the counties
of Gwinnett and DeKalb, so as to include the premises of
Co*
lumbia,
Sapp,
Sermons,
Stuart of Ware,
Stroud, of Clark,
T ay lor,
Toombs,
Trayler,
White of Pike,
Whitworth,
Williams, of Harris,
Williams of Talbot.
369
William Nisbit immediately on the line in the county of
Gwinnett, on fraction lot No. 256, in the county of DeKalb.
A bill to legitimatize and change the name of Steven
Handly to that of Steven Harris, &c.
A bill to change the time of holding the Superior courts so
far as relates to the counties of Union, Gilmer, Murray, Wal¬
ker and Floyd.
A bill to alter and fix the time of holding the Inferior
Courts in the county of Muscogee.
A bill to authorise the Justices of the Inferior court of
Macon county, to levy an extra tax for the year 1841.
A bill to authorise the Justices of the Inferior court of the
county of Pike, to apply the county funds of said county for
the support of the invalid poor.
A bill to alter and fix the times of holding the Superior
courts of the counties of Macon, Harris, and Stewart, of the
Chattahoochee Circuit in this State—the time of holding the
Inferior court of said county of Stewart, and to regulate the
mode of drawing of two pannels and summoning Grand and
Petit Jurors in and for the counties of Stewart and Talbot
in said Circuit.
A bill to incorporate the Methodist Episcopal Church in
Chattooga county, to be called the Brown-Town Valley
Church, and to appoint Trustees for the same.
A bill to amend an act to compensate Grand and Petit Ju¬
ries of the county of Telfair, so far as relates to the Grand
Jury of said county.
A bill for the relief of Mrs. Sarah H. Alfriend.
A bill to require the Sheriff and Coroner of the county of
Muscogee to hold their sales at the Court House in the city
of Columbus, and to prescribe the amount in which they
shall give bonds and security, for the faithful performance of
their duties.
A bill to amend an act to alter and fix the time of holding
the Superior courts in the Eastern District of this State,
assented to 26th December, 1837.
A bill to repeal an act, assented to December 28th, 1838,
to compensate Grand and Petit Jurors in the county of Ma¬
con, and to compensate the Petit Jurors of Jones county, so
far as relates to the county of Macon. *
A bill to authorise the Sheriff and Clerks of the Superior,
Inferior and Ordinary Courts of Campbell county, to insert
their advertisements in any of the public Gazettes in the
Coweta Circuit.
A bill to add a part of the twenty-fifth district of Chattoo¬
ga county, to the county of Floyd, and more fully to define
and provide for the running of the dividing line between the
counties of Chattooga and Floyd.
Also, the bill of the House of Representatives to extend
the time for taking out grants for lands in the counties of ori-
24
370
ginally Early, Irwin, Appling, Hall, Habersham and Rabun,
and to provide for the disposition of the same if not granted
within the time extended—with amendments, to which the
concurrence of this branch of the General Assembly is de¬
sired*
Mr. Gathright moved to reconsider so much of the Jour¬
nal of yesterday as relates to the passage of the bill to repeal
an act to add a part of Newton county to Jasper county, as¬
sented to 22d December, 1834, and also to transfer certain
suits from the county of Jasper to the county Newton.
Whereupon the yeas and nays were ordered to be record¬
ed, and are Yeas 76—Nays 106.
Those who voted in the affirmative, are Messrs.
Anderson, of Chat- Hardage, Palmer,
ham, Harris, Pettee,
Anderson of Frank- Hatcher, Pitts,
lin, Hendry, Price,
Barclay, Hotchkiss, Roberts,
Beavers, Howard, Rodgers,
Brown, of Fayette, Hudgins, Sanders,
Bryan, of Wayne, Hunter, Sanford,
Burt, Johnson, of Appling, Sheffield,
Carlton, Jones of Franklin, Shropshire,
Cannon, Keaton, Smith,
Carrol], Lawson, Stewart of Mcintosh
Chandler, Lee, Stiles,
Collier, Mays, of Cobb, Stone,
Crutchfield, McDuffie, Stroud of Walton,
D ark, McMillen,ofJ acksonS umner,
Dawson, Millen, Tanner,
Dixon of Walker, Mitchell, Tarver,
Ellis, Moon, Thompson,
Erwin, Morris, of Cobb, Towles,
Fitzpatrick, Morris, of Murray, Turner,
Ford, of Cherokee, Moultrie, Welborne,
Gathright, Murphey of DeKalbWhite of Pike,
Green of Forsyth, Murphey of Wilkin- Williams of Bulloch
Green of Pike, son, Wilson.
Hall, Neal,
Hammond, Nixon, *
Those who voted in the negative, are Messrs.
Alexander, Black, Chester,
Anderson of War- Boynton, Chipley,
ren Brown of Bibb, Covenah,
Ashley, Brown of Houston, Cooke,
Bell, Bryan of Houston, Craft,
Bentley, Chapman, Crawford of Ogle-
Bigham, Chappell, thorpe,
371
Crawford of .Rich- Hudson, Preston,
mond, Johnson of Heard, Rea,
Crawford of Sumter Johnson of Troup, Reeves,
Credille, Jones of Columbia, Reynolds,
Outright, Jones, of Harris,
Daniel of Greene, Jones of Monroe,
Daniel of Thomas, Jordan,
Darden of Troup, King,
Darden of Warren, Long,
Davenport, Lowe,
Davis, Loyall,
Dickson, of Talbot, Lynch,
Dodson, Mann, of Morgan,
Emanuel, Mann, of Tattnall,
Evans, Martin, of Morgan,
Flournoy of Muse©- Martin, of Gwinnett, T ay lor,
Rhodes,
Richardson,
Robertson of Co¬
lumbia,
Robinson of Laurens
Sapp,
Sermons,
Shaw,
Stephens,
Stuart, of Ware,
Stroud, of Clark,
Maxwell,
May, of Warren,
McCall,
McCrimmon,
McGahagan,
McMath,
McMillian of Tho's, Warren,
Meadows, West,
Moore, Whigham ol Macon,
Mulkey, White, of Jasper,
Whitworth,
Thomas,
Toombs,
Trayler,
Waldhour,
Wales,
Walker,
Williams of Harris,
Williams, of Talbot,
Wooten.
gee,
Ford of Lee,
Foster,
Franks,
Greene, of Macon
Hagerman,
Hampton,
Hardeman,
Hardman,
Hardy,
Harrison of Putnam,Nash,
Hines, O'Neal,
•Hitchcock, Osborne
Hubbard, Parks,
So the House refused to reconsider.
Leave of absence was granted to Mr. Flournoy of Wash¬
ington, for a few days, in consequence of indisposition in his
family; and to Mr. Lee For the balance of the session, after
Monday next, on special business.
The following message was received from the Senate, by
Mr. Bailey, their Secretary:
Mr. Speaker:—The Senate has concurred with the House
of Representatives in the amendments to the following seve¬
ral bills, to wit:
A bill to confirm the purchase and of the building of the
Bridge across the Savannah river at Augusta.
A bill to authorise Overseers of Roads for Chattooga and
Rabun counties, to appoint warners and to define their duties.
A bill to change the name of William J. Emswiler to that
of William J. S. Reeves.
A bill to change the names of certain persons therein nam¬
ed, and to legitimatize the same.
A bill to authorise the Justices of the Inferior court, so far
372'
as1 respects the counties of Wilkinson and Floyd, to levy an;
extra tax for county purposes-
The House took up the special order of the day, to wit:
The report of the committee of the whole on the substitute
reported by the committee on Finance for the bill to impose,-
levy, and collect a tax for the political year 1841, on property
both real and personal, and to inflict penalties for refusing or
neglecting to comply with the provisions thereof—and the
same being amended—
Mr. Roberts offered the following as a substitute for the-
substitute reported by the committee on Finance :•
A BILL.
To impose, levy and collect a tax for the political year 1841,-
on property both real and personal, and to inflict penalties
for refusing or neglecting to comply with the provisions-
thereof.
<
Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Georgia, in General Assembly met, 'and it
is hereby enacted by the authority of the same, That the tax act
assented to the 29th December, 1838, together with all acts
and parts of acts, which said act revives and continues in
force, shall be and the same is hereby revived and continued
in force as the tax act for the political year 1841.
Sec. 2. And be it further enacted, That all the tax collected^
by virtue of the above act', be paid over by the several tax-
collectors into the Treasury of this State.
Sec. 3. And be it further enacted, That all laws and parts of
laws militating against this act, be and the same are hereby
repealed.
Upon the motion-to receive the substitute, the yeas and-
nays were ordered to be recorded, and are yeas 81, nays 94.-
Those who voted in the affirmative, are Messrs.
Anderson of Frank- Crutchfield, Hardage,
lin, Dark, Harrison,of Putnam-
Barclay, Dawson; Harrison of Ran-
Beavers, Dickson of Talbot* dolph,
Boothe, Dufour, Harris,
Brown of Fayette, Ellis, Hatcher,
Biynn, of Houston, Emanuel,- Hibbert,
Bryan, of Wayne,, Erwin, Hines,
Burt, Farnall, Hotchkiss,
Carlton, Fitzpatrick, Hudgins,
Gannon, Ford of Cherokee, Hunter,
Carroll, Franks,- Johnson o f Appling, -
Chandler, Green of Forsyth, Jones of Harris,
Chipley, Green, of Pike, Keaton,.
Craft, Hallr Lee,-
Lynch, Palmer,
Mann of Tattnall, Pettee,
Mays, of Cobb, Pitts,
McDuffie, Price,
McMath, Read,
McMillemof JaeksonReeves,
Mitchell, Roberts,
Moon, Robertson, of Co-
Moore, lumbia,
Moultrie, Robinson of Jasper,
Murpheyof Wilkin- Rodgers,
son, Sanders,
N eal, Sanford,
Nixon, Sheffield,
Those who voted in the negative, are Messrs.
.Alexander, Greene of Macon, Nash,
Anderson of Chat- Hampton,
ham, Hardeman,
Anderson ofWarrenHardman,
Bentley, Hardy,
Bethea, Hitchcock,
Bigham, Hubbard,
Black, Hudson,
Brown, of Houston, Johnson, of Heard,
Smith,
Stroud of Walton,
Sumner,
Tanner,
Tarver,
Thompson,
Towles,
Turner,
Welborne,
White of Pike,
Williams of Harris,
Wilson.
Chapman,
Chappell,
Chester,
Collier,
Coven ah,
Cooke,
Crawford of Ogle¬
thorpe,
Johnson of Troup,
Jones of Columbia, Sapp,
Jones, of Franklin, Shaw,
Jones of Monroe.
Jordan,
King,
Lawson,
Lowe,
O'Neal,
Osborne,
Parks,
Pryor,
Rea,
Reynolds,
Rhodes,
Richardson,
Robinson of Laurens
Crawford of Rich- Loyall,
mond, Mann, of Morgan,
Crawford of SumterMartin, of Morgan,
Shropshire,
Stephens,
Stuart, of Ware,
Stiles,
-Stone,
Stroud, of Clark,
Taylor,
Thomas,
Martin of Gwinnett, Toombs,
Maxwell,
May, of Warren,
McCall,
McCrimmon,
Credille,
Cutright,
Daniel of Greene,
Daniel of Thomas,
Darden of Troup,
Darden of Warren, McGahagan,
D avenport, McMillian of
Davis, Thomas,
Dodson, Meadows,
Evans, Millen,
Flournoy, of Mus- Morris of Cobb,
cogee, Morris, of Murray,
Ford of Lee., / Mulkey,
Foster, Murphey of D eKalh
Trayler,
Waldhour,
Wales,
Walker,
Warren,
West,
Whigham, of Macon,
White of Jasper,
Whitworth,
Williams of Talbot,
Wooten.
074
So the House refused to receive the substitute;.
The report being amended and agreed to, the bill was{
read the third time and lost.
Whereupon the yeas and nays were ordered to be record¬
ed, and are Yeas 81—Nays 103*
Those who voted in the affirmative, are Messrs*-
Alexander, F oster, Osborne,
Anderson of Chat-Green of Macon, Pryor,
ham, Hampton, Rea,,
Anderson, of War- Hardeman,, Rhodes,
ren, Hardman, Richardson,
Bethea, Hardy, Robinson of Laur'ns-
Bigham, Hitchcock, Sapp,
Black, Hubbard, Shaw,
Boynton, Hudson, Sheffield,.
Bryan, of Houston, Johnson, of Heard, Shropshire,
Burt, Johnson of Troup, Stewart,of Mcintosh
Chap pell, Jones of Columbia, Stuart of Ware,.
Chester, Jones, of Monroe,- Stiles,
Covenah, Jordan, Stone,
Crawford of Ogle- King, Stroud, of Clark,
thorpe, Lowe, Taylor,
Crawford ofRichm'dMann, of Morgan-, Thomas,
Crawford of Su-mterMartin,. of Morgan, Toombs,.
C redille, Martin, of Gwinnett, T rayler,
Cutright, Maxwell, Waldhomy
Daniel, of Green, May of Warren, Wales,
Daniel of Thomas, McGahagan, West,
Darden of Troup, McMillian of Tho's. Whigham of Macon,
Darden, of Warren, Meadows, Whitworth,
Davenport, Millen, Williams, of Bulloch
Evans, Morris, of Cobby Williams, of Talbot,
Flournoy, of Mus- Mulkey,- Wooten.
co gee, Nash,.
Ford, of Lee, O'Neal,
Those who voted in the negative-, are Messrs*
Anderson of Frankl. Chandler, ' Dodson,
Barclay, Chapman, Dufour,
Beavers, Chipley, Ellis,
Bentley, Collier, Emanuel,.
Boothe, Cooke, Erwin,
Brown, of Bibb, Craft, Farnall,-
Brown, of Fayette-, Crutchfield, Fitzpatrick,
Bryan of Houston, Dark, Ford of Cherokee./
Bryan of Wayne, Davis, Franks,
Carlton, Dawson, Green of Forsyth/
Cannon, Dickson of Talbot, Green of Pike,,
Carroll, Dixon of Walker, HalL
375
Hardage, McCall,
Harrison of Putnam McCrimmon,
Harrison of Ran- McDuffie,
dolph,
Harris,
Robertson, of Co¬
lumbia,
Robinson of Jasper,
McMath, Rodgers,
McMillen of J ackson Sanders,
Mitchell, Sanford,
Moon, Smith,
Moore, Stephens,
Morris of Murray, Stroud of Walton,
Moultrie, Sumner,
Murphey of D eKalb ,T anner,
Murphey of Wilk- Tarver,
Thompson,
Towles,
Turner,
Walker,
Warren,
Welborne,
White, of Jasper,
White of Pike,
Williams, of Harris,
Wilson.
mson,
Hatcher,
Hendiy,
Hibbert,
Hines,
Hotchkiss,
Howard,
Hudgins,
Hunter,
Johnson of Appling,Neal,
Jones of Franklin, Nixon,
Jones of Harris, Palmer,
Keaton, Parks,
Lawson, Pettee,
Lee, Pitts,
Lefils, Preston,
Loyall, Price,
Lynch, Reeves,
Mann, of Tattnall, Reynolds,
Mays of Cobb, Roberts,
The House then adjourned to 3 oMlock, this afternoon.
Thb.ee O'clock, P. M.
The House met pursuant to adjournment.
Leave of absence was granted to Mr. Chapman after Sa¬
turday next, for the balance of the session, on indispensable
business-
Mr. Crawford of Richmond introduced a bill to amend the
forty-eighth section of the fourteenth division of the Penal
Code of this State, and to define the question to be pro¬
pounded to jurors on the trial of crimes and offences against
the laws of this State, for which the punishment is death or
imprisonment and labor in the Penitentiary.
The House took up the report on the bill to alter and
amend the several acts in relation to taxes.
Mr. Crawford of Richmond, offered the following as a sub¬
stitute for the report of the committee of the whole:
A BILL
To alter and amend the several acts in relation to taxes.
Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Georgia im General Assembly met, and it
is hereby enacted by the authority of the same, That from and.
376
after the passage of this act, all real and personal estate
within this State, whether owned by individuals or corpora¬
tions, shall be liable to taxation, subject to the exemption
hereinafter specified.
Sec. 2. And be it farther enacted, That the terms real es¬
tate as used in this act, shall be construed to include land
itself, all buildings or other articles erected upon, or af¬
fixed to the same, all trees and underwood growing thereon,
and all mines, minerals, fossils, and quarries in and under the
same, except mines belonging to the State; and the terms
personal estate, as used in this act, shall be construed to in¬
clude all chattels, monies, debts due, or to become due from
solvent debtors, whether on note, bill, draft, bond, judgment
or mortgage ; goods, wares and merchandize, negro slaves,
stock, cattle above the number of one hundred, horses and
mules above the number of fifteen, pleasure carriages, pub¬
lic stock and stocks in monied corporations, also, such por¬
tion of the capital of incorporated companies, liable to tax¬
ation on their capital as shall not be invested in real or per¬
sonal estate.
Sec. 3. And be it farther enacted, That the following pro¬
perty shall be exempt from taxation :—All exempted from
taxation by the Constitution of this State, or under the Con¬
stitution of the United States, all lands belonging to this
State or the United States, every building erected for the
use of, and used by, a College, incorporated Academy or
other seminary of learning, every building of public worship,
every school house, court house and jail and the gteveral lots
whereon such buildings are situated, and the furniture be¬
longing to each of them, all books and philosophical aparatus
not held as merchandize and for the purpose of sale, every
poor house, alms house, house of industry, and any house
belonging to any charitable institution, and the real and per¬
sonal estate belonging to, or connected with the same, the
real and personal estate of any public library or other lite¬
rary association, and all stocks owned by the State and by
literary and charitable institutions, all plantation tools and
household furniture not held as merchandize and for the pur¬
pose of sale, all property exempted by law from executions,
all personal property owned by any person whose real and
personal estate liable to taxation does not amount to five hun¬
dred dollars, and all turnpike, bridge or canal companies
whose net annual income does not exceed five per cent on
the capital paid and secured to be paid—the owner or holder
of stock in any incorporated company liable to taxation on
its capital, shall not be taxed as an individual for such stock.
Sec. 4. And be it further enacted, That all public race
tracks or turfs, pay a tax of one hundred dollars, to be levied
and collected from the propietors of the same.
Sec. 5. And be it farther enacted, That all lands held under
377
warrants and surveyed but not granted by the State, shall be
liable to taxation in the same manner as if actually granted,
and all lots drawn in any lottery although the grants may
not have been taken out.
Sec. 6. And be it further enacted, That all moneyed or
stock corporations deriving income or profit from their capi¬
tal or otherwise, except as before or hereafter excepted, shall
be liable to taxation.
Sec. 7. And be it further enacted, That each and every
white male citizen above the age of twenty-one years and
under sixty, shall be taxed annually hereafter, the sum of
thirty-one and one fourth cents.
Sec. 8. And be it further enacted, That the receiver of tax
returns in each county shall receive all returns to him on
the oaths of the persons making them, and at such valuation
as they may affix, and if any person shall fail to make such
valuation and assess the tax thereon from the best informa¬
tion in his power to obtain ; and in cases where no return is
made, or no valuation made by the person returning, he shall
assess a double tax;—and every attorney authorised to plead
and practice law within this State as attorney, counsel¬
lors and solicitors of the several courts of law and equity in
this State, or that may hereafter be authorised by the laws
of this State, and physicians, shall be taxed five dollars
each.
Sec. 9. And be itfurther enacted, That it shall be the duty of
the receiver'to assess all real and personal estate taxable, not
returned or not assessed by the person returning the same at
its full market value.
Sec. 10. And be it further enacted, That in all cases where
taxes remain unpaid, and the tax collector shall proceed to
sell any land liable for the same, he shall sell the whole tract,
and the surplus money remaining after paying the taxes due,
and expenses of sale, shall be paid into the treasury, subject
to the claim of the owner of the land if made within ten
years after such sale ; and the Governor shall draw his war¬
rant on the treasury for the same in favor of the claimant if
satisfied of such claims.
Sec. 11. And be it further enacted, That it shall the duty of
the receiver to specify in separate columns the several kinds
of property returned, and the quality, quantity and bounda¬
ries of the land, and the county in which it is situated.
Sec. 12. And be it further enacted, That it shall be the duty
of the Comptroller to prepare and forward to the several re¬
ceivers, a form of the returns to be made.
Sec. 13. And be it further enacted, That if any person shall
file an affidavit of illegality in relation to any execution issued
for taxes, such execution and affidavit shall be returned to
the Superior court of the county, by which the matter in
dispute shall be determined in such mode as is usual in cases
378
of illegality of executions ; and if the ground of illegality be
not sustained, such person shall be liable for double the
amount of tax in dispute, and execution shall issue from said
court accordingly.
Sec. 14. And be it further enacted, That all acts and parts
of acts now of force, in relation to the assessment and col¬
lection of taxes, not inconsistent with the provisions of this
act and necessary to carry this act fully into effect, be and
the same are hereby continued in full force.
Sec. 15'. And be it further enacted, That the tax to be asses¬
sed on the real and personal estate aforesaid, for the political
year one thousand eight hundred and forty-one, shall be
eight cents on every hundred dollars of the value of the
same as aforesaid.
Sec. 16. And be it further enacted, That all banking com¬
panies shall be taxed 31£ cents upon every hundred dollars
of their capital stock not invested in real and personal estate;
that such tax on such bank stock shall be returned and paid
as under the laws heretofore passed.
Sec. 17. And be it further enacted, That in addition to the
tax assessed by and under the act assented to on the 21st
day of December, eighteen hundred and thirty-nine, the
several tax collectors of this State are authorised and
hereby required to increase and collect one hundred per
cent, on the amount of the respective digests of said year,
and which extra tax imposed by the authority of this act,
shall be paid into the treasury of this state.
Sec. 18. And be it further enacted That the money collected
under the provisions of this act, be pledged to the payment
of the interest on the public debt of this State, in preference
to any appropriation heretofore made.
Sec. 19. And be it further enacted, That each receiver of
tax returns, in the several couties of this State, shall prepare
and deliver to the collectors of their respective counties, a
digest of the taxes to be collected by this act, on or before
the 1st day of July, in the year eighteen hundred and forty-
one.
On the motion to receive the substitute, the yeas and nays
were ordered to be recorded, and are yeas 56, nays 117.
Those who voted in the affirmative, are Messrs.
Alexander, Coven ah, Davenport,
Anderson, of Chat- Cooke, Greene of Macon,
ham, Crawford of Ogle- Hammond,
Bethea, thorpe, Hampton,
Black, Crawford of Rich- Hardeman,
Brown of Bibb, mond, Hubbard,
Bryan of Houston, Crawford of SumterHudson,
Chappell, Cutright, Johnson of Heard,
Chipley, Daniel of Thomas, Jones, of Monroe,
379
Jordan, Morris, of Cobb, Stiles',
Defils, Nash, Stroud of dark?
Long, O'Neal, Turner,
Loyail, Osborne, Waldhour,
Martin, of Morgan, Pitman, Wales,
Maxwell, Richardson, Walker,.
McCahagan, Robinson of LaurensWhitworth,
McMillian of Tho's. Shaw, Williams, of Talbot?
Meadows, Shropshire,- Wingfield,
Millen, Stewart of MclntoshWooten.
Moore, Stuart, of Ware,
Those who voted in the negative, are Messrs.
Anderson of F rank- Fitzpatrick, McMillen of Jackson
lin, Ford of Cherokee, Mitchell,
Anderson of War-Ford of Lee, Moon,
ren, Foster, Morris of Murray,
Atkinson, Franks, Mulkey,
Barclay, Green of Forsyth, Murphey of DeKalb
Beavers, Green, of Pike, Murphey, of Wil-
Bentley, Hall, kinson,
Bigham, Hardage, Neal,
Boynton, Hardman, Nixon,
Brown, of Fayette, Hardy, Palmer,
Brown of Houston, Harrison, of Ran- Parks,
Bryan of Wayne, dolph, Preston,
Burt, Harris, Price,
Carlton, Hatcher, Pryor,
Cannon, Hendry, Rea,
Carroll, Hibbert, Read,
Chandler, Hines, Reeves,
Chapman, Hitchcock, Reynolds,
Chester, Hotchkiss, Rhodes,
Collier, Howard, Roberts,
Craft, Hudgins, Robertson, of Co*
Credille, Johnson of Appling, lumbia,
Crutchfield, Johnson of Troup, Rodgers,
Daniel of Greene, Jones of Franklin, Sanders,
Darden of Troup, Jones of Harris, Sanford,
Darden of Warren, Keaton, Sapp,
Dark, Lawson, Sheffield,
Davis, Lee, Smith,
Dawson, Lowe, Stephens,
Dickson of Talbot, Lynch, Stone,
Dodson, Mann of Morgan, Stroud, of Walton,
Rllis, Mann, of Tattnall, Sumner,
Emanuel, Martin of Gwinnett, Tanner,
Erwin, May of Warren, Tarver,
Evans, McCrimmon, Taylor,
Farnall, McMath, Thompson,
•380
Toombs, Welborne, White, of Pike,
'Towles, West, Williams, of Harris,
Trayler, Whigham of Macon, Wilson.
Warren, White, of Jasper,
So the House refused to receive.
Mr. Ford of Lee moved the indefinite postponement of
the orignal report, which prevailed.
Whereupon, the yeas and nays were ordered to be re¬
corded, and are yeas 94, nays 84.
Those who voted in the affirmative, are Messrs.
Nash,
Nixon,
Palmer,
Pettee,
Preston,
Price,
Pryor,
Rea,
Read,
Johnson of Appling,Reeves,
Jones, of Franklin, Richardson,
Jones, of Harris, Roberts,
King,
Anderson, of Frank-Harris,
lin, Hatcher,
Beavers, Hendry,
Bentley, Hibbert,
Brown of Houston, Hines,
Bryan, of Wayne, Hitchcock,
Carlton, Hotchkiss,
Cannon, Hubbard,
Carroll, Hudgins,
Chandler,
Chappell,
Chester,
Collier,
Credille,
Crutchfield,
Daniel of Greene,
Davenport,
Davis,
Dawson,
Dickson of Talbot,
Dodson,
Ellis,
Erwin,
Evans,
F arnall,
Ford, of Cherokee, Moon,
Ford of Lee, Morris, of Murray,
Lee,
Lowe,
Mann of Morgan,
Mann of Tattnall,
Rodgers,
Sanders,
Sanford,
Sermons,
Stephens,
Martin of Gwinnett, Stuart of Ware,
Maxwell,
McCrimmon,
McGahagan,
McMath,
McMillen of Jack¬
son,
Mitchell,
Moultrie,
Stone,
Stroud of Walton,
Sumner,
Taylor,
Thompson,
Toombs,
Trayler,
Wales,
Welborne,
White of Jasper,
Murphey of DeKalbWhite of Pike,
Murphey of Wilkin- Williams of Bulloch,
son, Williams of Harris,
Neal, Wilson.
Foster,
Green of Forsyth,
Green of Pike,
Hall,
Hardage,
Hardeman,
Those who voted in the negative, are Messrs.
Alexander, Anderson of War- Atkinson,
Anderson, of Chat- ren, Barclay,
ham, Ashley, Bethea,
Ran-
Bigham, Hardman,
Black, Harrison of
Boynton, dolph,
Brown, of Bibb* Howard,
Bryan of Houston, Hudson,
Burt, Johnson of Heard,
Chapman, Johnson of Troup,
Chipley, Jones of Monroe,
Covenah, Jordan,
Cooke,, Lawson,
Craft, Lefils,
Crawford, of Ogle- Long,
thorpe, Loyally
Crawford of Rich- Lynch,
mond, M artin of Morgan,
Crawford, of SumterMay of Warren,
Cutright, McMillian of
Daniel of Thomas, Thomas,
Darden of Troup, Meadows,
Darden, of Warren, Millen,
Dark, Moore,
Dixon, of Walker, Morris, of Cobb,
Emanuel,
Fitzpatrick,
F ranks,
Greene of Macon,
Hammond,
Hampton,
'Mulkey,
O'Neal,
Osborne,
Parks,
Pitman,
Reynolds,
Rhodes,
Robertson of Co¬
lumbia,
Robinson, of Lau¬
rens,
Sapp,
Shaw,
Sheffield,
Shropshire,
Smith,
Stewart of Mcintosh
Stiles,
Stroud of Clark,,
Tanner,
Tarver,
Thomas,
Towles,
Turner,
Waldhour,
W alker,
Warren,
West,
Whigham of Macon,,
Whitwortb,
Williams of Talbot,
Wingfield,
Wooten.
Mr. Stone from the committee on Enrollment reported as-
duly enrolled-— ,
An act to repeal an act entitled an act to exempt certain
persons from Jury and Militia duty in the county of M'ln-
tosh, passed 21st December, 1839.
An act to repeal an act assented to December 28, 1838,
to compensate Grand and Petit Jurors in the county of Ma-
eon, and to compensate the Petit Jurors of Jones county, so
far as relates to the county of Macon,
An act to authorise the Justices of the Inferior court of the
county of Pike, to apply the county funds of said county for
the support of the invalid poor.
An act to change and define the line between the counties
of Gwinnett and DeKalb, so as to include the premises of
William Nesbit, immediately on the line in the county of
Gwinnett, on fraction lot No. 25&, in the county of DeKalb.
An act to authorise the Justices of the Inferior court of
Macon county to levy an extra tax for the year 1841.
An act to legitimatize and change the name of Stephen
Handly to that of Stephen Harris.
An act to add a part of the 25th district of Chattooga
382
county to the county of Floyd, and more fully to define and
provide for the running of the line dividing the counties of
Chattooga and Floyd.
.An act to change the time of holding the Superior courts
of the Cherokee circuit, so far as relates to the counties of
Union, Gilmer, Murray, Walker, Chattooga, Dade, and
Floyd.
An act to authorise the Sheriffs, Clerk of Superior, Infe¬
rior and Ordinary courts of the county of Campbell, to in¬
sert their advertisements in any of the public Gazettes in the
Coweta circuit.
An act to amend an act entitled an act to establish a tribu¬
nal for the trial of slaves within this State, passed 16th De¬
cember, 1811, so far as relates to the county of Mcintosh.
An act to make permanent the site of the public buildings
and seat of Justice for the county of Gilmer, in the town of
Ellijay, and to incorporate the same.
An act to amend the act incorporating the Bank of Mil-
iedgeville, with Banking and Insurance privileges, located at
Milledgeville, and to declare the name of said Bank.
An act to pardon Jackson Mahon of the county of Bald¬
win.
An act to authorise John J. Dodd of the county Floyd to
establish a ferry across the Oostanaula river on his own land.
An act to change the name of certain persons therein
named.
An act to consolidate the offices of Receivers of tax retuns
and tax Collectors of this State, so far as relates to the coun¬
ty of Appling.
An act to incorporate the Upson Riflemen, and to give to
the members thereof certain privileges.
An act to authorise overseers of Roads for Chattooga
and Rabun counties, to appoint warners, and to define their
duties.
An act to compel the several Banks of this State to re¬
deem their respective liabilities in specie, and to provide for
the forfeiture of the charter or charters of such as may re¬
fuse.
An act authorising the Sheriffs of Lincoln county to insert
their advertisements in one of the newspapers published in
Augusta, or in any newspaper published within the North¬
ern Judicial circuit.
An act to alter and fix the time of holding the Inferior court
in,the county of Muscogee.
The following message was received from the Senate, by
Mr. Bailey, their Secretary:
Mr. Speaker—The Senate has passed a bill to revise, a-
mend, and consolidate the rules for the governmeut and po¬
lice of the Penitentiary of the State of Georgia.
383
Mr. Toombs from the committee on the State of the Re¬
public, made the following report, which was read and a-
greed to.
The committee to whom was referred so much of the Go¬
vernor's communication, with the accompanying documents,
relative to a convention held in the British Metropolis, have
had the subject under consideration, and beg leave to
REPORT,
That they consider the object of said convention so far as it
was intended to affect the views of the slave-holding states
of this union, touching their domestic institutions, calculated
to inspire feelings of greater surprize than alarm—resting
under the belief, as your committee does, that the motives of
said convention are prompted by a sense of misguided zeal
and false philanthrophy.
Your committee would forbear commenting upon the opin¬
ions and suggestions expressed by said convention, but they
cannot withhold their astonishment when fanaticism so far
oversteps the bounds of caution, as to quote from holy writ,
maxims intended as reproof to the conduct and motives of
others, which carry in their application the very spirit of con¬
demnation to themselves; for if, as averred by said conven¬
tion, slavery be indeed a sin, involving all the moral turpi¬
tude connected with its existence, then well might your com¬
mittee in return, remind said convention of another precept
inculcated by the same inspired volume, and equally salu¬
tary in its practice, to wit—"First cast the beam from thine
own eye, then shalt thou see clearly to cast the mote out of
thy brother's eye for is it not a fact as noted as it is de¬
plorable, that millions of the subjects of those very nations
which assembled thus in convention, to read unto others
homilies of reformation upon moral and political government,
are held in bondage more degrading, abject and servile, than
the race whose lot they seem to deplore with a zeal pardon¬
able only to a spirit of intolerance, bigotry and superstition.
With these views your committee are of the opinion that
no farther notice should be taken of the proceedings of said
convention. It will be time enough for the State of Georgia
to speak and act upon this question, whenever she shall con¬
ceive that her rights are endangered or her laws violated.
But -your committee agree in the opinion expressed by his
Excellency, that it is a matter of deep regret that a citizen
owing allegiance to this country, and a member of the Con¬
gress of the United States, sworn to act in obedience to the
Constitution and laws of this Union, should so far have dis¬
graced his high station as to have become the pliant tool of
fanaticism, by a shameful abuse of his franking privilege, in
forwarding to the Executive Department of this State, docu¬
ments containing statements violative of the very letter and
3S4
spirit of this constitution which he had sworn to maintain,
support and defend.
Mr. Toombs from the committee on the State of the Re¬
public, made the following report, which was read and a-
greed to:
The committee on the State of the Republic to whom
were referred the resolutions of the General Assembly of the
State of Vermont, in relation to the Presidency of the United
States, have had the same under consideration, and concur-
ing entirely in the views expressed by the said General As¬
sembly, report and recommend the passage of the following
resolutions, to wit:
jResolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That the Senators
and Representatives of the State of Georgia, in the Con¬
gress of the United States be, and they are hereby request¬
ed to use their best endeavors to procure such an amend¬
ment to the Constitution of the United States as will restrict
the eligibility of the President of the United States to a sin¬
gle term.
Resolved, That his Excellency the Governor forward a co¬
py of the foregoing resolution to each of our Senators and
Representatives in Congress, and also a copy to the Execu¬
tive of each State in the Union, to be laid before their respec¬
tive Legislatures for their co-operation in obtaining said
amendment.
Mr. Toombs, from the Committee on the state of the Re¬
public, made the following Report:
The Committee to whom v/ere referred the several mes¬
sages of his Excellency the Governor, with the accompany¬
ing documents, relative to the difficulties existing between
this State and the State of Maine, and the State of Virginia
and the State of New 'York, growing out of the abduction of
certain slaves by citizens of the said States of Maine and
New York, have had the same under consideration, and
report—
That they consider the question now at issue, one of vital
importance to the slave-holding States,—one which never
can be abandoned by them—one which admits of no com¬
promise—upon which argument, if it were necessary, has
been exhausted, and which demands the prompt and efficient
co-operation of the States interested. They therefore recom¬
mend the adoption of the following Resolutions, viz :
Resolved by the Senate and House of Representatives of the
Statt of Georgia in General Assembly met, That his Excellency
the Governor be, and he is hereby requested to continue his
correspondence with the Governor of Virginia, and to open
a correspondence with the Governors of the other slave-
holding States, with the view of devising some plan or reme-
385
dy whereby the wrongs now existing may be redressed, and
like injuries provided against for the future.
Resolved, That his Excellency the Governor be, and he is
hereby requested, if it should become necessary to carry into
effect any plan of operating devised as aforesaid, to convene
the General Assembly for that purpose.
Mr. Anderson, on the part of the minority of the Com¬
mittee on the state of the Republic, made the following
Report:
The Committee on the state of the Republic, to whom was
referred the several communications of his Excellency the
Governor relative to his correspondence with our Representa¬
tives in Congress, on the Resolutions of the Legislature of
1839, recommending an amendment of the act of Congress
so as to carry into effect that part of the Constitution which
requires the surrender of fugitives from justice; and the
correspondence between the Governor of New York and
Virginia, and the action of the Legislature of Virginia on a
demand made under that act of Congress by the latter on
the former State, respectfully report—
That they regard the subject of the Resolutions of the
Legislature of 1839, as one of vast importance, involving
in its decisions the principles on which the intercourse be¬
tween the States ig to be maintained; and also the determi¬
nation of the question whether the General Government is
not bound to perform all obligations wisely enacted by the
Constitution, not resting on the States, as independent sove¬
reignties, by the laws of nations, before the adoption of that
instrument, and not imposed on it by the States. These
resolutions will be carried out by our Representatives of
Congress only. They have declined, for the reason assign¬
ed by them, to act on the wishes of the Legislature. His
Excellency the Governor remains of the opinion that the only
peaceful manner in which the provisions of the Constitution
under consideration can be carried into effect, is the Con¬
gress, and the manner expressed in the resolutions of 1839 ;
and your Committee coincide with him in opinion. The
provision of the Constitution which gave rise to these reso¬
lutions, does not require the States to deliver fugitives from
justice; and the duty cannot be imposed on them without
the exercise of implied powers, which have ever been de¬
nied to Congress by Georgia. Congress cannot be con¬
sidered as violating the territorial rights of any State, by re¬
quiring of the officers of the General, Government in those
States to discharge its legitimate constitutional obligations,
of which the delivery of fugitives from justice, upon the de¬
mand of the Executive a?ithority of the States Irom which
they fled, is one. The Governors of the several States, not
foeino- functionaries of the General Government, are not bound
to execute, except at their own pleasure, any power imposed
25
386
on or given them, by an act of Congress; for a refusal they
are not amenable to its authority.
Your committee cannot but refer to the case which sug¬
gested the defect in that act of Congress. It is known to be
the refusal of the Governor of Maine to deliver up, on de¬
mand of the Governor of Georgia, certain individuals, charg¬
ed* first by affidavit, then by bill of indictment, with having
committed offences against the laws of this State. In 1837,
the Legislature of the State directed the Governor to report
the demand theretofore made, and if it were still resisted or
evaded, that he should call a convention to take into con¬
sideration the state of the commonwealth of Georgia; to de¬
fine the course of his further policy, and to provide the
necessary safeguards for the protection of the rights of the
people. Had this been done, the Representatives of the
people, charged alone with the consideration of this subject,
and elected with a high view of explaining the will of the
people on it, would have assembled, and from their wisdom
and moderation some effective scheme of redress might have
been devised, or the resort to the ultima ratio have been re¬
solved by the proper authority.
Such convention was not called. Each succeeding Legis¬
lature has had the subject under consideration, and the diffi¬
culties of solution are rather increased than diminished.—
Your committee repudiate the idea of any temporizing or
other measure, which, whilst it violates the spirit, letter and
intent of the Constitution, proposes to remain within its
pale; and considers that a quarantine regulation, which
would operate only on vessels from Maine, is one of this
character; and would rather, if the exigency require it, at
once run to the declaration that Georgia is relieved from the
obligation of- the Constitution, by this open violation of the
compact by Maine. But looking to the consequence of such
a declaration, and believing that the justifying exigency has
not yet occurred, your committee would recommend this
General Assembly reiterate the-resolutions of that of 1839,
and earnestly request our Representatives in Congress to
act on them.
In relation to the correspondence between the Executive
of New York and Virginia, on a similar subject, your com¬
mittee want words to express their indignation at the subter¬
fuge under which the Governor of New York seeks to pro¬
tect himself from the performance of that which had been
heretofore uniformly considered the duty by the respective
Governors of the several States. The fallacy of his argu¬
ments is so sternly shown by the reasoning of the Governors
of Virginia and Georgia, as to leave no comment by your
committee. The Governor of Virginia relies with confi¬
dence on the co-operation of Georgia in any proper means
adopted by that State to enforce her rights. And your com-
387
mittee recommend that his Excellency the Governor of Geor¬
gia be authorized and requested by this General Assembly,
to continue his correspondence with the Executive of Vir¬
ginia, and to pledge to that gallant State, the assurance that
Georgia has calculated the value of the Union; and whilst
she avows it to be inestimable, when enjoyed without dis¬
honor, and with a dhe regard by her • sister States to her
„ rights, she is , nevertheless willing, and determined to forego
all its blessings, rather than preserve it by a loss of her hon¬
or, or a sacrifice of her constitutional rights. And thus
necessarily affected by the position of Virginia, (from coinci¬
dence ©f policy and interest,) she will co-operate in any
necessary and proper measure of redress, which Virginia
may be forced to adopt.
Both of which were taken up, read, and on motion, post¬
poned for further consideration.
Mr. Rodgers asked and obtained leave of absence for the
balance of the session, after Saturday next, on indispensa¬
ble business.
Mr. Stewart, of Mcintosh, asked and obtained leave of
absence after the 21st instant, on account of the indispo¬
sition of his family.
The House adjourned until 7 o'clock, this evening.
Seven o'clock, P. M.
The House met pursuant to adjournment.
On motion of Mr. Anderson, ©f Chatham, the order was
suspended, when he offered the following resolution, which
was redd and agreed to :
Resolved by the Senate and House of Representatives of the
■State of Georgia, in General Assembly,met, That his Excel¬
lency the Governor be authorized tcr have furnished to the
commanding officer of the Georgia Hussars at Savannah,
seventy-five stand ©f swords and pistols, upon his giving
security as in such cases required 5 which, on motion, the
clerk was directed to carry forthwith to the Senate.
The House took up the Report on the bill touching elec¬
tion precincts in the county of Bibb ; and agreed thereto.
The bill was read the third time and passed.
Also—The Report on the bill to amend the road laws of
Camden county; and agreed thereto. The bill was read,
the third time and lost.
Also—The Report on the bill to regulate the letting out
and discontinuing of bridges, in the county of Hancock; the
338
report was amended and agreed to. The bill was read the
third time and passed.
Also—The Report on the bill to alter and amend the third,
seventh and twelfth sections of the' first article, and third
section of the third article, and the- fifteenth section of the
fourth article of the Constitution ; and agreed thereto. The
bill was read" the third time, and on the question w Shall this
bill now pass ?" it was determined in the affirmative, by a
constitutional majority.
Whereupon, the yeas and nays were required to be re¬
corded, and are, yeas 134, nays 21.
Those who voted in the affirmative-, are- Messrs*
Alexander, Ford of Cherokee,
Anderson of Frank- Ford of Lee,
lin, Foster,
Anderson ofWarrenFranks,
Ashley, Greene, of Macon,
Barclay, Green, of Pike,
Beavers, Hall,
Bentley, Hampton,
Black, Hardage,
Brown, of Fayette, Hardeman,
Brown of Houston, Hardman,
Bryan of Wayne,
Burt,
Cannon,
Carroll,
Chandler,
Chapman,
Collier,
Coveliah,
C'ooke,
Craft,
Harrison of Putnam
Harrison of Ran¬
dolph,
Harris,
Hatcher,
Hendry,
Hibbert,
Hitchcock,
Hotchkiss,
Hubbard,
Crawford of Ogle- Hudgins,
thorpe, Hudson:,
Crawford of Rich- Johnson of Appling,
mond, Johnson of Heard,
Credille, Johnson of Troup,
Outright, Jones of Columbia,
Daniel of Greene, Jones of Franklin,
Daniel of Thomas, Jones of Harris,
Darden of Troup, Jones of Monroe,
Darden of Warren, Jordan,
Davenport,. Keaton,
Davis, Lawson,
Dawson, Liddle,
Emanuel, Long,
Erwin, Lowe,
Fitzpatrick, Loyally
Lynch,
Mann of Morgan,
Mann of Tattnall,
Martin, of Morgan,
Martin of Gwinnett,
Maxwell,
Mays, of Cobb,
May, of Warren,
McCall,
McCrimmon,
McDuffie,
McGahagan,
McMatb,
McMillen of Jack¬
son,
Millen,
Mitchell,
Moon,
Moore,
Morris, of Murray,
Mulkey,
Murphey of DeKalb
Neal,
Nash,
Osborne,
Palmer,
Parks,
Pettee,
Preston,
Price,
Fryor,
Read,
Reeves,
Reynolds,
Rhodes,
Richardson,
Roberts,
389
Robertson ofColum-Stroud of Walton, Walker, ,
. bia, Sumner, Warren,
Robinson of LaurensTanner, Welborne,
Sanford, Tarver, Whigham of Macon,
Sermons, Taylor, ( White of Pike,
Shaw, Thompson, Whitfield,
Sheffield, Toombs, Whitworth,
Shropshire., Trayler, Williams of Bulloch
Smith, Turner, Williams of Harris,
Stewart of Mcintosh Waldhour, Wilson,
Stone, Wales, Wooten.
Stroud, of Clark,
Those who voted in the negative, are Messrs.
Anderson of Chat- Chester, Hines,
ham, Chipley, King,
Bethea, Crawford of Sumter,Murphey, of Wil-
Bigham, Crutchfield, kinson,
Boynton, Delauney, Rea,
Brown, of Bibb, Floumoy of Musco- Stuart of Ware,
Carlton, gee, Stiles,
Chappell, Hammond, White of Jasper.
Also—The Report on the bill to cause the line between
the counties of Walker and Dade to be run, and to provide
for the payment of the same.
Mr. Tanner offered a substitute, which was accepted ; the
report was agreed to, the bill -read the third time and passed.
Also—The Report on the bill to repeal an act entitled An
act to alter and amend an act entitled An act more effectually
to secure the solvency of all the banking institutions in this
State, as passed on the 24th December, 1832, assented to
December 21st, 1833; which was amended and agreed to.
The bill was read the third time and passed.
Also—The Report on the bill for the relief of John H.
Mount; and agreed thereto. The bill was read the third
time and passed
Also—The Report on the bill for the relief of William W-
Standford ; and agreed thereto. The bill was read the third
time and passed.
The House went into committee of the Whole, Mr. Hard-
age in the Chair, on the bill for the relief of James L. Dan¬
iel ; and having spent some time therein, the Speaker re¬
sumed the Chair, and the Chairman reported the bill without
amendment; when, on motion, the report was postponed for
further consideration.
The House took up the reconsidered bill to incorporate
the several churches therein named; the bill was passed
under the title thereof. _
The House took up the Report on the hill to ascertain the
3S0
constitutional qualifications of voters at elections field in the
county of Chatham, and city of Savannah, and to provide
for the detection of frauds at said elections.
The following portion of the second section being read r
" and each of said Boards shall be allowed one clerk at a
compensation of per diem ;" and on a motion to fill
the blank with three dollars, it was refused by the House.
Whereupon, the yeas and nays were ordered to be re¬
corded, and are yeas 62, nays 84.
Those who voted in- the affirmative, are Messrs.
Bentley,
Boynton,
Brown, of Bibb,
Brown of Houston,
Burt,
Chappell,,
Chester,
Chipley,
Covenah,
Crawford of Ogle¬
thorpe,
Outright,
Daniel, of Greene,
Darden of Warren,
Davenport,
Davis,
Delauney,
Dickson, of Talbot,
Dodson,
Emanuel,
Flournoy of Musco-
F ranks,
Hampton,
Hardeman-,
Hardman,
Harrison ©f Putnam
Hitchcock,
Hubbard,
Johnson of Heard,
Johnson of Troup,
Jones of Columbia,
Jones, of Harris,
Jordan,
King,
Lowe,
Mann of Morgan,
Mann of Tattnall,
Martin, of Morgan,
Maxwell,
May of Warren,
McCrimmon,
McGahagan,
McMatb,
Moore,
Mulkey,
Nasfi,
Osborne,
Richardson,
Robertson of Co>-
lumbia,
Sapp,
Sermons*
Taylor,
Toombs,
Trayler,
W aldhour,
Walker,
W arren,
West,
Whigham of Mason,
White of Jasper,
Whitworth,
Williams of Harris,
Wooten*
Those who voted
Anderson of Chat¬
ham,
Anderson of Frank¬
lin,
Anderson of War¬
ren,
Atkinson,
Barclay,
Beavers,
Bigham,
Black,
Brown of Fayette,
Bry an,, of Wayne,
Carlton,
Carroll,
in the negative, are Messrs.
Chandler,
Collier,
Cooke,
Craft,
Crawford of Rich¬
mond,
Crutchfield,
Daniel, of Thomas, Hibbert,
Hall,
Hammond,
Hardage,
Harrison, of Ran¬
dolph,
.Harris,
Hatcher,
Dawson,
Frwin,
Fitzpatrick,
Ford of Cherokee,
Ford, of Lee,
Green of Forsyth,
Green of Pike,
Hines,
Hotchkiss,
Hudgins,
Hudson,
Johnson of Appling,
J ones of F ranklin,
Jones, of Monroe,
391
Keaton, Moultrie, Smith,
Lawson, Murphey of DeKalb Stewart, of Mcintosh
Lefils, Neal, Stuart of Ware,
Liddle, Nixon, Stone,
Loyall, ^ Palmer, Stroud of Clark,
Martin, of Gwinnett,Parks, Stroud, of Walton,
Mays, of Cobb, Pitman, Sumner,
McCall, Price, Tanner,
McDuffie, Read, Tarver,
McMillen of Jack- Reeves, Thompson,
son, Roberts, i Welborne,
M'illen, Sanford, White of Pike,
Mitchell, Shaw, Williams of Bulloch,
Moon, Sheffield, Williams of Talbot,
Morris, of Murray, Shropshire, Wilson.
Mr. Crawford, of Richmond, offered a substitute for the
bill; and, on motion, the original and substitute were indefi¬
nitely postponed.
The House was then adjourned to 9 o'clock, to-morrow
morning.
. THURSDAY, December 17, 1840.
On motion of Mr. Chappell,
The House agreed to reconsider so much of the Journal
of yesterday, as relates to the rejection of the bill reported
by the Committee on Finance, to raise a tax for the support
of government, for the year 1841, and from thence after¬
wards ; and the substitute offered therefor by Mr. Roberts.
Mr. Howard moved to reconsider so much of the Journal
of yestesday, as relates to the passage of the bill touching
election precincts, in the county of Bibb; which was refused
by the House.
Whereupon, the yeas and nays were ordered to be re¬
corded and are yeas 72, nays 99.
Those who voted in the affirmative, are Messrs.
Anderson of Chat- Collier, Erwin,
ham, Crutchfield, Ford of Cherokee,
Anderson, of Frank-Darden of Troup, Gathright,
]_in, Dark, Green of Forsyth,
Bryan, of Wayne, Dawson, Green of Pike,
Carlton, Dixon, of Walker, Hall,
Cannon, Dufour, Hammond,
Chandler, Emanuel, Hardage,
392
Harrison of Ran- Mitchell,
dolph,
Harris,
Hatcher,
Hendry,
Hibbert,
Hotchkiss, kinson,
Howard, Neal,
Hudgins, Palmer,
Hunter, Pettee,
Johnson of Heard, Pitts,
Jones of Franklin, Price,
Sheffield,
Moon, Shropshire,
Morris of Murray, Smith,
Moultrie, Stuart of Ware,
Murpbey of DeKalb Stiles,
Murphey of Wil- Stone,
Keaton,
Lee,
Liddle,
Mays of Cobb,
McDuffie,
Read,
Roberts,
Rodgers,
Sanders,
Sanford,
Stroud, of Walton,
Sumner,
Tarver,
Thompson,
Towles,
Turner,
Welborne,
White of Pike,
Whitfield,
Williams of Bulloch
Wilson.
McMillenof Jackson
Those who voted in the negative, are Messrs.
Alexander, Dodson,
Anderson of WarrenEllis,
Martin of Gwinnett,
Maxwell,
Ashley,
Bighara,
Black,
Boynton,
Brown of Bibb,
Brown of Fayette,
Brown of Houston, Hampton,
Bryan of Houston, Hardeman,
Flournoy, of Mus-May of Warren,
cogee,
Ford of Lee,
Foster,
Franks,
Green of Macon,
Carroll,
Chapman,
Chappell,,
Chester,
Chipley,
Covenah,
Cooke,
Craft,
Crawford, of Ogle¬
thorpe,
McCall,
McCrimmon,
McGahagan,
McMath,
McMillian, of
Thomas,
Meadows,
Morris of Cobb,
Mulkey,
Hardman,
Hardy,
Harrison of PutnamNash,
Hines, O'Neal,
Hitchcock, Parks,
Hubbard, Preston,
Hudson, Pryor,
Johnson of Troup, Rea,
Jones of Columbia, Reeves,
Jones of Harris, Reynolds,,
Crawford, of Rich- Jones of Monroe,
inond, Jordan,
Crawford, of SumterLefils,
Credille, Long,
Daniel of Green, Lowe,
Daniel of Thomas, Loyall,
D arden of Warren, L ynch,
Davenport, Mann of Morgan,
Delauney, Mann of Tattnall,
Dickson of Talbot, Martin of Morgan, Tanner,
Rhodes,
Richardson,
Robertson, of Co¬
lumbia,
Robinsonof Laurens
Sapp,
Sermons,
Shaw,
Stroud, of Clark,,
393
Taylor, Walker, Williams of Harris,
Thomas, Warren, Williams of Talbot,
Toombs, West, Wingfield,
Trayler, Whigham of Macon, Wooten.
Wales, White of Jasper,
Mr. Crawford, of Richmond, moved to reconsider so much
of the Journal of yesterday, as relates to the indefinite post¬
ponement of the bill to ascertain the constitutional qualifica¬
tions of voters, at elections held in the county of Chatham
and city of Savannah; and to provide for the detection of
frauds at said elections; and the substitute offered therefor.
The House refused to reconsider.
Mr. Green, of Pike, asked and obtained leave of absence
for the balance of the session, on account of the dangerous
illness of his father; and also, Mr. Hagerman, for a few days,
on account of indisposition.
Mr. Hardeman, from the Joint Standing'Committee on
Internal Improvement, made the following report:
The committee to whom was referred the report of the
commissioners of the Ogeechee river, after due examination
of the same respectfully report:
That they cannot but approve of the management of the
commissioners, which has resulted in an increase of the fund
committed to them, while they have effected the object con¬
templated by the appropriation; therefore, recommend that
the said commissioners be permitted to continue their oper¬
ations as heretofore.
The House took up the report on the bill to collect fin the
funds hitherto set apart and appropriated to the improve¬
ment of the Ogeechee river, and to deposit the same in the
Central Bank; which was postponed indefinitely.
The House took up the amendments of the Senate to the
bill of the House, to extend the time for taking out grants
for lands, in the counties of originally Early, Irwin, Appling,
Hall, Habersham, and Rabun, and to provide for the dispo¬
sition of the same, if not granted within the time extended.
Mr. Hardage moved to amend the amendment of the Sen¬
ate, by striking out from the second section, the words, "and
from and after the first day of April, 1842, any person, a
citizen of the aforesaid State, by paying into the Treasury
the sum of five dollars, shall be entitled to, and receive from
the Surveyor-General, a grant to any ungranted lot of land
lying in the counties aforesaid; which was refused.
Whereupon, the yeas and nays were required to be re¬
corded, and are yeas 45, nays 100.
Those who voted in the affirmative, are Messrs.
Anderson, of Frank-Atkinson, Cannon,
fin, Boothe, Covenah,
394
Davenport,
Dickson of Talbot,
Fitzpatrick,
Green, of Pike,
Hall,
Hammond,
Hardage,
Hardeman,
Hardman,
Hardy,
Hatcher,
Hotchkiss,
Howard,
Johnson, of Tronp
Jones of Franklin,
Jones of Harris,
Lowe,
Loyall,
Mitchell,
Morris, of Murray,
Neal, ,
Palmer,
Pitman,
Read,
Roberts,
Robinson of Lau¬
rens,
Rodgers,
Stroud of Walton,
Tanner,
Taylor,
Toombs,
Towles,
Turner,
Walker,
Warren,
West,
White of Pike,
Williams of Talbot,
■ Wingfield,
Woo ten.
Those who voted in the negative, are Messrs.
Moon,
Moore,
Morris, of Cobb,
Mulkey,
Murphey of DeKalb
Anderson, of Chat-Foster,
ham, Franks,
Anderson of WarrenGathright,
Barclay, Green of Forsyth,
Beavers, Greene of Macon,
Bentley, Harrison of Rand'phMurphey, of WiL
Bethea, Harris, kinson,
Bigham, Hendry, Nash,
Black, Hibbert, Nixon,
Boynton, Hines, O'Neal,
Brown of Fayette, Hubbard, Pettee,
Brown of Houston, Hudgins, Pitts,
Carlton,
Carroll,
Chandler,
Chapman,
Chester,
Collier,
Cooke,
Crutchfield,
Cutright,
Daniel of Greene
Hudson, Preston,
Hunter, Price,
Johnson of Appling, Pry or,
Johnson of Heard, Reeves,
Jones of Columbia, Reynolds,
Jones of Monroe, Rhodes,
Jordan,
Keaton,
Lee,
Liddle,
Richardson,
Sapp,
Sheffield,
Shropshire,
Smith,
Stewart of Mcintosh
Darden of Warren, Martin of Gwinnett,Stuart of Ware,
Daniel of Thomas, Mann of Morgan,
Darden, of Troup, Mann of Tattnall,
Dark,
Davis,
Dawson,
Emanuel,
Erwin,
Mays of Cobb,
May of Warren,
McCall,
McCrimmon,
McGahagan,
Stroud of Clark,
Sumner,
Tarver,
Thomas,
Thompson,
Waldhour,
Flournoy, of Mus- McMath,
cogee, McMillian ofTho's. Welborne,
Ford of Cherokee, Meadows, Whigham of Macon,
395
Whitfield, Williams of Bui- Williams of Harris,
Whitworth, loch, Wilson.
The House then concurred in the amendments of the
Senate.
Mr. Crawford, of Richmond, offered the following re¬
solution :
Be it resolved by the Senate and House of Representatives and
it is hereby resolved, That his Excellency the Governor, em¬
ploy some competent person to examine into the appropria¬
tion of the funds appropriated for the opening the naviga¬
tion of the Ogeechee river, and report to the ensuing Legis¬
lature ; which wrns read and agreed to.
The House took up and concurred in the resolution of the
Senate, authorizing the Governor to pay to the several Sen¬
ators in this Legislature, the amounts of academic, poor
school and common school funds which may be due the sev¬
eral counties in this State.
The House took up and agreed to a resolution authorizing
the Governor to send with the laws and journals of the pre¬
sent session, five copies of Prince's New Digest, and eight
copies of Greene and Lumpkin's Georgia Justice, for the
use of the Justices of the Inferior Court and Justices of the
Peace, of Ware county.
Mr. Sapp, from the select committee to whom was refer¬
red the petition of Theophilus Bryan, made the following
report:
The select committee to whom was referred the petition
of Theophilus Bryan, praying to be permitted to practice
medicine in this State, without license, have had the same
under consideration, and report:
That from evidence before the committee, the said The¬
ophilus Bryan was a practising physician previous to the
statute of 1839, reviving the medical Board; and are of
opinion that by the last section of said reviving act, all those
then practising, were exempted from its provisions, and en¬
titled, without examination or license, to continue in the
practise of their professions. With this view of the subject,
your committee deem any legislation in the present instance
entirely unnecessary, and pray to be discharged from its
further consideration.
On motion, the order was suspended, when the House
took up and passed the reconsidered bill, to raise a tax for
the support of government, for the year 1841, and from
thence afterwards.
The following bill of Senate were taken up and read the
first time, to wit: _ „
A bill to revise, amend and consolidate the rules for the
government and police of the Penitentiary of the State of
Georgia.
396
Mr. Stone, from the Committee on Enrolment, reported
as duly enrolled—
An act to compensate grand and petit jurors in the coun¬
ties of Ware and Chattooga, and to authorize the Inferior
Court of said counties to levy an extra tax to pay said jurors.
An act to change the names of certain persons therein
named, and to legitimatize the same.
An act to authorize the Justices of the Peace of the several
districts within the corporate limits of the city of Macon, in
Bibb county, to hold their Courts in the Court-House of said
county; and to authorize Justices of the Peace to require
costs to be paid or secured, before suits are commenced.
An act to repeal so much of an act, entitled an act to com¬
pensate the grand and petit jurors of certain counties therein
mentioned, so far as relates to the county of Emanuel, as¬
sented to December 23d, 1837.
An act to incorporate the Oxford Female Academy, in the
county of Newton, and appoint trustees for the same.
An act to incorporate the several Academies therein nam¬
ed, and to appoint trustees for the same; and to confer cer¬
tain rights and privileges upon the same.
An act to exempt James Hall, sen., of Irwin county, from
the several provisions of the act of the General Assembly
concerning pedlers; and to authorize him to engage in that
business without license.
An act to incorporate an Academy in the city of St. Ma¬
rys, Camden county ; also, to incorporate an Academy in
the county of Cobb, and to appoint trustees for the same.
An act to extend the corporate limits of the town of Mc-
Donough, in the county of Henry; and to confer upon the
commissioners of said town, the right of assessing taxes up¬
on the citizens thereof, or the performance of road duties, as
the commissioners may deem expedient.
An act to add the residence of John Mulkey, of the coun¬
ty of Houston, to the county of Macon.
An act to create and establish a free system of Education,
by common schools, in the county of Bulloch.
An act to authorize the Justices of the Inferior Courts, so
far as respects the counties of Wilkinson and Floyd, to levy
an extra tax for county purposes.
An act to confirm the purchase of the bridge across the
Savannah river, at Augusta, by the City Council of Augusta;
to vest in them certain rights and privileges connected with
said bridge ; and to amend the several acts in relation to the
city of Augusta, and the Court of Common Pleas of said
city; and to exempt certain persons from the performance
of jury and militia duty.
The following message was received from the Senate, by
Mr. Bailey, their Secretary:
397
Mr. Speaker:—The Senate has passed the following bills,
to wit:
A bill to require the commissioners of the Western and
Atlantic Rail Road, so to arrange as that at least one of them
shall be always on the road, personally superintending the
engineers and contractors.
A bill to incorporate a volunteer corps of Riflemen, in
the city of Augusta, &c.
A bill for the relief of Sarah Mansfield, of Decatur county.
A bill in relation to witnesses and jurors.
A bill to alter and emend an act, more effectually to secure
the solvency of all Banking institntions in thi3 State, as pass¬
ed on the 24th day of December, 1832, passed 21st Decem¬
ber, 1833.
Also, has passed the bill of the House of Representatives,
To point out the tribunal and mode for the trial of ques¬
tions of citizenship, in certain cases; and to declare what
shall be evidence in the same.
The Senate has also concurred with the House of Repre¬
sentatives in the report and resolutions relative to the peti¬
tion of William C. Osborne.
Also—has passed the bill of the House of Representatives,
to authorize the sheriffs of Troup county to advertise their
sales in some one of the public gazettes in Columbus, Georgia.
Also—has agreed to resolutions in reference to the print¬
ing of certain documents, with the laws and journals of the
present session of the Legislature.
Also—agreed to a resolution authorizing his Excellency
the Governor, to cause to be paid the funeral expenses of
Col. Horatio Webb, late a representative from the county
of Jackson, and have erected a suitable monument over the
grave of the deceased.
Also—has agreed to the report of the committee on the
state of the Republic, on the subject of so much of the com¬
munication of his Excellency the Governor, in his annual
message, with certain accompanying documents relative to
a convention held in the British metropolis.
Also—has agreed to the report of the joint standing com¬
mittee on the Judiciary, to whom was referred the consid¬
eration of the act of the Legislature of 1838, amendatory of
the act of 1837, establishing a system of Education, by
common schools; upon the claims of teachers of poor chil¬
dren, for the year 1838; to all of which the concurrence of
this branch of the General Assembly is desired.
The following report was submitted by Mr. Lefils, as the
report of the majority of the select committee, to whom was
referred the bill to add a part of the county of Liberty to
the county of Mcintosh; and a part of the county of Mcln-
398
tosh to the county of Liberty; and the substitute offered
therefor.
The committee to whom was referred the bill, to be enti¬
tled an act to add a part of the county of Mcintosh to the
county of Liberty; and also, a part of the county of Liberty
to the county of Mcintosh; and to whom was also referred
the substitute for the same; have had the subject under con¬
sideration, and make the following report:
That it is evident that the provisions of the bill referred
to, are unreasonable and unjust, and therefore, should not be
passed—That it appears by the facts and evidence adduced
in this case, that certain good citizens of the county of Mc¬
intosh, labor under serious inconvenience by reason of the
extreme distance of their residence from the Court-House
and parade ground of said county; and that the prayer of
these petitioners to be added to the county of Liberty; by
which said serious inconvenience will be remedied, ought to
be heard and granted. In accordance, therefore, with this
opinion, your committee respectfully recommend the adop¬
tion and passage by the House, of the following bill, here¬
with submitted.
A bill to define and make permanent the county line be¬
tween Mcintosh and Liberty, and to add a part of Mcintosh
to the county of Liberty.
Mr. Lefils, from the minority of the committee, to whom
was referred the bill to be entitled an act, to add a part of
the county of Mcintosh to the county of Liberty; and also,
a part of the county of Liberty the county of Mcintosh; and
to whom was also referred the substitute for the same, ac¬
companied with a petition from sundry citizens of the coun¬
ties of Liberty and Mcintosh, submitted the following report:
We find, on examining the petition before us, that it is
signed by three persons, only, residing in Mcintosh county,
who will not be affected-by the alteration of the fine, and
would still remain in Mcintosh county. We find, also, a
counter petition, signed by four individuals, residents of the
county of Mcintosh, and who would become citizens of the
county of Liberty, by the alteration proposed—pray that
such alteration should not take place.
It appears, therefore, to us, that the petition from Liberty
county is only to answer the ends of a few individuals, con¬
trary to the wish of those in Mcintosh county, whom this
alteration will affect; and therefore, that such prayer is un¬
reasonable and ought not to be granted.
We, therefore, the minority committee, cannot agree to
recommend the passage of the bill offered as a substitute to
the original bill.
ARMAND LEFILS,
DANIEL M. STEWART.
399
Oil motion, tlie reports of the majority and minority of the
committee, as well as the bill reported, were postponed in¬
definitely.
The following message was received from the Senate, by
Mr. Bailey, their Secretary:
Mr. Speaker: Th.e Senate has passed the following bills,
to wit:
A bill to authorize his Excellency the Governor, to draw
his warrant in favor of the tax collectors of such counties as
have paid over their taxes into the State Treasury, under the
act of 1839.
Also—A bill to extend the time for fortunate drawers in
all the land lotteries, and in the gold lottery, to take out their
grants, except the counties therein excepted.
The House took up the report on the bill to authorize the
corporation of the city of Macon to lease to Martin L. Har¬
din and his associates, that part of the Macon reserve known
as Napier's Old Field ; and agreed thereto.
The bill was read the third time and indefinitely post¬
poned.
Also—the report on the bill for the relief of Jesse Mathis,
tax collector of Union county; and agreed thereto.
The bill was read the third time, and lost.
Also—the report on the bill to authorize the Judge of the
Superior Courts of the Ocmulgee circuit, to appoint a mas¬
ter in equity for the county of Baldwin; and agreed thereto.
The bill was read the third time and lost.
Also—the report on the bill to point ouf and punish certain
frauds therein specified, and to render null and void such
conveyances and transfers as may be thereby obtained ; and
agreed thereto.
The bill was rea.d the third time, and passed.
Also—the report on the bill to compel persons who reside
without the limits of this State, who own, or may hereafter
own, a plantation and slaves in any of the counties in this
State, to give in and pay taxes for the same, in the county
where the same are situated; and agreed thereto.
The bill was read the third time and passed.
Also—the report on the bill for the relief of James L.
Daniel; and agreed thereto.
The bill was read the third time and lost.
Also—the report on the bill to amend an act, entitled an
act, to authorize the sheriffs of the counties of Decatur,
Thomas, Lowndes, Ware and Wayne, to sell,the fractions
in said counties, and for other purposes, passed 23d Decem¬
ber, 1839; and agreed thereto.
The bill was read the third time and passed.
Also the report on the bill to authorize Stith H. Ingram
400
to establish a ferry across Little River, on his own land, and
to fix the rate of toll for the same; and amended and agreed
thereto.
The bill was read the third time and passed.
Also—the report on the bill to provide payment for indi¬
viduals who taught school in the county of Hall, under the
provision of the poof school law, in 1838, who have not been
paid; and agreed thereto.
The bill was read the third time and passed.
Also—the report on the bill to alter the militia laws of this
State, so far as relates to the 27th and 23d regiments, in the
county of Franklin; and agreed thereto.
The bill was read the third time and passed.
Also—the report on the bill to add a part of the county
of Jones to the county of Monroe; and agreed thereto.
The bill was read the third time and lost.
Also—the report on the bill to authorize David B. Bost-
wick to keep up a ferry across the Ocmulgee river, near the
Long Shoals, on his own land ; and agreed thereto.
The bill was read the third time and passed.
The following message was received from his Excellency
the Governor, by Mr. Glascock, his Secretary:
Executive Department, )
Milledgeville, 17th Dec. 1840. )
I have the honor to place before the General Assembly,
the copy of an account of James Fulwood, contractor for a
battalion commanded by Major Brown, in the year 1839,
for the protection of Georgia, in the neighborhood of the Oke-
fenokee Swamp, from the Seminole Indians. The expenses
of this service, except the amount now presented, have been
paid by the Government; and in all probability, this will be
paid. But as it is not positively certain—and the persons
from whom Mr. Fulwood purchased provisions and other
articles, and those he employed in the service, should un¬
questionably be paid, I bring the matter before you, that
you may make such provision for the relief of the persons
interested, as you may think is just, should the accounts not
be paid by the Government.
I also submit the copy of a letter, addressed to both
branches of the Legislature and myself, from Willoby Min-
shen, asking to be paid for property destroyed by the Semi¬
nole Indians. CHARLES J. McDONALD.
On motion of Mr. Murphey, of DeKalb,
The order was suspended, when the House took up and
passed the reconsidered bill to enable persons owning lands
to maintain the action of trespass, without being in the ac¬
tual possession or occupancy thereof, &c.
The House was then adjourned to 3 o'clock this afternoon.
401
Three o'clock, P. M.
The House met pursuant to adjournment.
The House took up the report on the bill to define the du¬
ties of the Directors of the Central Bank, and to increase her
capital, and for other purposes thereafter named; which
was postponed, for the present.
Also—the report on the bill to amend an aet to alter and
fix the time of holding the Superior Courts in the Eastern
District; and agreed thereto.
The bill was read the third time and passed.
Also—the report on the bill to alter and amend the char¬
ter of the Central Bank of Georgia, to preserve its capital
and support its credit; and agreed thereto.
The bill was read the third time, and on the question,
shall this bill now pass ? it was determined in the negative.
Whereupon, the yeas and nays were ordered to be re¬
corded, and are yeas 28, nays 132.
Those who voted
Anderson of Frank¬
lin,
Beavers,
Bethea,
Brown of Bibb,
■Crutchfield,
Dawson,
Erwin,
Green of Pike,
Hammond,
in the affirmative,
Harrison of Ran¬
dolph,
Hatcher,
Hendry,
Howard,
Hudgins,
Jones of Franklin,
Kealon,
Lee,
Liddle,
are Messrs.
Mays, of Cobb,
McBuffie,
McMillen of Jackson
Mitchell,
Morris of Murray,
Rodgers,
Shropshire,
Smith,
Tanner,
Welborne.
Those who voted in the negative., are Messrs
Anderson of Chat- Chapman,
ham, Chappell,
Anderson of WarrenChester
Ashley, Chipley,
Atkinson, Collier,
Barclay, Covenah,
Bell, Cooke,
Bighana, Craft,
Black,
Boothe,
Boynton,
Brown of Fayette.
Brown of Houston,
Bryan of Houston, Credille,
Bryan of Wayne, Outright,
Cannon,
Chandler,
26
Darden of Troup,
Harden of Warren,
Dark,
Davenport,
Davis,
Delauney,
Dickson of Talbot,
Dufour,
Crawford, of Ogle- Emanuel,
thorpe, Famall,
Crawford of Rich- Fitzpatrick,
mond, Flournoy of W ash-
Crawford of Sumter ington,
Ford of Cherokee,
Ford of Lee,
Daniel of Greene, Foster,
Daniel of Thomas, Franks,
402
Gathright, McCall,
Greene of Macon, McCrimmon,
Hampton, McGahagan,
Hardage, McMillian of
Hardeman, Thomas,
Hardman, Meadows,
Hardy, Millen,
Harrison of Putnam,Moon,
Harris, Moore,
Hines-, Morris of Cobb,
Hitchcock* Moultrie,
Hotchkiss, Murphey of Wil-
Hubbard, kinson,
Hudson, Neal,
Johnson of Appling,Nash,
Johnson of Heard, Nixonv
Johnson of Troup, O'Neal,
Jones of Harris, Osborne,
Jones of Monroe, Palmer,
Jordan, Parks,
Lawson, Pitman,
Lowe, Preston,
Loyall, Price,
Lynch-, Rea,
Mann, of Morgan, Read,
Mann, of Tattnall, Reynolds,-
Martin, of Morgan, Rhodes,
Martin of Gwinnett, Richardson,
May of Warren, Roberts,
The following bills of Senate were taken up and read the
first time, to wit:
A bill to alter and fix the times of holding the Superior
Courts of the counties of Marion, Harris, and Stewart, of
the Chattahoochee circuit, in this State ; and to regulate the
mode of drawing of two pannels and summoning grand and
petit jurors, in and for the counties of Stewart and Talbot,
in said circuit.
A bill to authorize his Excellency the Governor, to draw
his warrant in favor of the tax collectors of such counties as
have paid over their taxes into the State Treasury, under the
act of 1839.
Mr. Stone, from the Committee on Enrolment, reported
as duly enrolled:
An act to consolidate the offices of receivers of tax returns
and tax collectors of this State, so far as relates to the coun¬
ties of Montgomery, Macon and Clark.
An act to amend an act, entitled an act to regulate slaves-
and free persons of color, in the counties of Mcintosh and
Liberty, assented to December 21st, 1839.
Robinson of L aureus
Sanders,
Sanford,
Sermons,
Shaw,
Stephens,
Stewart of Mcintosh
Stiles,
Stone,
Stroud of Clark,
Stroud of Walton,
Sumner,
Tarver,
Taylor,
Thomas,
Thompson,
Toombs,
Trayler,
Waldhour,
Wales,
Walker,
Warren,
West,
Whigham of Macon,
White of Pike,
Williams of Bulloch,
Williams of Harris,
Williams of Talbot,
Wooten.
403
Ail act to authorize William B. Dudley, of the county of
Elbert, to establish a ferry across Broad River, on his own
land, and to regulate the rates of ferriage thereof; and to
regulate the rates of ferriage of Henry E. Nash's ferry, on
said river.
An act for the relief of Felix Arthur, of Cass county.
An act to alter and amend the road laws of this State, so
far as relates to the county of Montgomery.
The House took up the report on the bill to carry into op¬
eration the Lunatic Asylum of the State of Georgia; and
amended and agreed thereto.
The bill was read the third time, and on the question,
shall this bill now pass ? the yeas and nays were required
to be recorded, and are yeas 113, nays 47.
Those who voted in the affirmative, are Messrs.
Alexander, Delauney, Loyall,
Anderson of Chat- Dickson, of Talbot, Lynch,
ham, Emanuel, Mann of Morgan,
Anderson of WarrenFitzpatrick, Mann of Tattnall,
Ashley, Flournoy of Mus- Martin of Morgan,
Atkinson, cogee, Martin, of Gwinnett,
Barclay, Flournoy, of Wash- May, of Warren,
Bethea, ington,
Bigham, Ford, of Lee,
Black, Foster,
Boynton, Franks,
Bryan, of Houston, Greene, of Macon,
McCall,
McCrimmon,
McDuffie,
McGahagan,
McMath,
McMillian, of
Thomas,
Meadows,
Millen,
Moore,
Carlton, Hammond,
Carroll, Hampton,
Chapman, Hardeman,
Chappell, Hardman,
Chester, Hardy,
Chipley, Harrison of PutnamMorris, of Cobb,
Covenah, - Hibbert, Moultrie,
Cooke, Hines, Mulkey,
Craft, Hitchcock, MurpheyofDeKalb
Crawford of Ogle- Hotchkiss, O'Neal,
thorpe, Hubbard, Pitman,
Crawford, of Rich-Hudson, Preston,
mond, Johnson, of Heard, Pryor,
Crawford, of Sumter Johnson, of T roup, Rea,
Credille, Jones of Columbia, Reynolds,
Cutright,
Jones of Harris,
Daniel, of Greene, Jones, of Monroe,
Daniel, of Thomas,Jordan,
Darden of Troup, Keaton,
D arden of Warren, King,
Davenport, Lefils,
Davis, Lowe,
Rhodes,
Richardson,
Robertson of
lumbia,
Sanders,
Sapp,
Shaw,
Go-
404
Shropshire, Toombs, West,
Stephens, Trayler, White of Jasper,
Stuart, of Ware, Waldhour, Whitfield,
Stone, Wales, Williams of Bulloch
Taylor, Walker, Williams of Tajbot,
Thomas, Warren, Wooten.
Those who voted in the negative are Messrs.
Anderson of Frank-Gathright, Murphey, of Wil-
lin, Green, of Forsyth, kinson,
Beavers, Green of Pike, Neal,
Bell, Hardage, Palmer,
Bentley, Harrison of Ran- Pettee,
Brown, of Fayette, dolph, Price,
Bryan of Wayne, Harris, Read,
Cannon, Hatcher, Roberts,
Chandler, Hendry, Sanford,
Collier, Hudgins, Stroud of Clark,
Crutchfield, Jones of Franklin, Stroud of Walton,
Dark, Lawson, Sumner,
Dawson, Lee, Tanner,
Erwin, Mays, of Cobb, Thompson,
Espy, McMillenof JacksonTowles,
Farnall, Mitchell, Welborne.
Ford of Cherokee, Moon,
So the bill was passed.
Also—the report on the bill to alter and change the coun¬
ty line between the counties of Paulding and Floyd, in this
State, so as to add a portion of Floyd county to that of
Paulding; and agreed thereto.
The bill was read the third time and lost.
Also—the report on the bill to change the name of the
Farmer's Bank of Chattahoochee, and for other purposes;
and agreed thereto.
The bill was read the third time, and on the question,
shall this bill now pass ? it was determined in the affirmative.
Whereupon, the yeas and nays were required to be re¬
corded, and are yeas 109, nays 69.
Those who voted in the affirmative, are Messrs.
Alexander, Bigham, Chapman,
Anderson of Chat- Black, Chappell,
ham, Boynton, Chester,
Anderson of WarrenBrown, of Bibb, Chipley,
Ashley, Brown, of Houston,Covenah,
Atkinson, Bryan, of Houston,Cooke,
Bentley, Bryan, of Wayne, Crawford of Ogle*
Bethea, Carlton, thorpe,
405
Crawford of Rich- Hubbard, Nash,
mond, Hudson, Parks,
Crawford of Sumter Johnson, of Heard, Pitman,
Credille, Johnson of Troup, Preston,
Cutright, Jones of Harris,
Daniel of Greene, Jones of Monroe,
Daniel, of Thomas, Jordan,
Harden of Troup, King,
Darden of Warren, Lefils,
Davenport, Liddle,
Delauney, Lowe,
Dickson, of Talbot, Loyall,
Dodson, Lynch,
Emanuel, Mann of Morgan,
Erwin, Mann of Tattnall,
Flournoy of Mus- Martin of Morgan,
cogee, Martin, of Gwinnett, Taylor,
Flournoy, ol Wash-Maxwell, Thomas,
Rea,
Reeves,
Rhodes,
Robertson of Co¬
lumbia,
Sapp,
Shaw,
Shropshire,
Stephens,
Stuart, of Ware,
Stiles,
Stone,
May of Warren,
McCall,
McCrimmon,
McGahagan,
McMath,
mgton,
Ford of Lee,
Foster,
Franks,
Greene, of Macon,
Hammond,
Hampton,
Hardeman,
Hardy,
Harrison of Putnam,Moultrie,
Hines, Mulkey,
Toombs,
Trayler,
Waldhour,
Wales,
Walker,
McMillian, of Tho's, Warren,
Millen, Whigham of Macon,
Moore, White of Jasper,
Morris of Cobb, Whitfield,
Williams of Harris,
Williams, of Talbot,
Hitchcock, Murphey of Wilkin- Wooten.
Hotchkiss, son,
Those who voted in the negative, are Messrs.
Anderson of Frank- Fitzpatrick,
lin,
Barclay,
Beavers,
Bell,
Boothe,
Brown of Fayette,
Cannon,
Carroll,
Chandler,
Collier,
Crutchfield,
Dawson,
Dixon of Walker,
Dufour,
Evans,
Farnall,
Ford of Cherokee,
Gathright,
Green, of Forsyth,
Green, of Pike,
Hall,
Hardage,
Hardman,
Harrison
dolph,
Harris,
Hatcher,
Hendry,
Hibbert,
Howard,
Hudgins,
Jones of Franklin,
Keaton,
Lawson,
Lee,
Mays, of Cobb,
McDuffie,
McMillen of Jackson
Meadows,
of Ran- Mitchell,
Moon,
Morris of Murray,
Murphey of DeKalb
Neal,
Nixon,
O'Neal,
Palmer,
Johnson of Appling,Pettee,
4oe
Pitts, Rodgers, Sumner,
Price, Sanders, T anner,
Read, Sanford, Tarver,
Reynolds, Sheffield, Thompson,
Richardson, Smith, Towles,
Roberts, Stroud, of Clark, Whitworth.
Robinson of Jasper, Stroud of Walton,
Also—the report on the bill of Senate, for the relief of Sol¬
omon Spurlock, John P. Glover, sen., and John P. Glover,
jr., securities of William E. Glover; and agreed thereto.
The bill was read the third time and lost.
Also—the report on the bill of Senate, to amend an act
passed on the 23d December, 1839, to alter and change the
site of the public buildings of the count3r of Dooly, to some
point more central, and to malm permanent the same; and
to compensate the owners of town property, in the town of
Drayton, the present site of the public buildings, and for
other purposes; the report was amended and agreed to.
The bill was read the third time and passed.
Also—the report on the bill of Senate, to amend an act
to grant to Thomas Spalding and his associates, the right of
constructing a rail road of wood or digging a canal from the
Ocmulgee to the Flint river, with certain privileges; and
agreed thereto.
The bill was read the third time and passed.
On motion, it was ordered, that the Clerk carry all bills
passed by the House to-day, forthwith to the Senate.
Mr."Stephens introduced a bill to protect the slave prop¬
erty of the people of the State of Georgia, from the aggres¬
sions of the people of the State of Maine; and to seize the
persons of the citizens and inhabitants of the State of Maine
coming into the State, in certain cases; which was read the
first time.
On motion, it was
Resolved, That when the House adjourn, it adjourn to
meet again at eight o'clock, this evening.
The House was then adjourned to 8 o'clock, this evening.
Eight o'clock, P. M.
The House met pursuant to adjournment.
The House took up the report of the Committee of the
Whole, on the bill to authorize the issue of State bonds, by
the commisioners of the Western and Atlantic Rail Road, to
create a revenue to pay the interest on the bonds of this
State, and gradually to pay the principal thereof.
4(T7
Mr. Hardeman offered the following substitute for the re¬
port of the committee.
A bill to set apart a fund for the payment of the interest
<of the public debt of the State of Georgia, and the gradual
reduction and ultimate payment of the principal.
Be it enacted by the Senate and House of Representatives of the
Stale of Georgia, in General Assembly met, and it is hereby
enacted by the authority of the same, That the Directors of the
Central Bank ol the State of Gporgia, be and they are hereby
authorized and required to apply from time to time, as need
may be, so much of the money of said bank, not otherwise
•appropriated, as may be sufficient to pay the interest of the
public debt; and that the further sum of thousand
dollars of said money, be annually applied by said Direc¬
tors, to the payment and reduction of the principal of said
public debt, until otherwise directed by the General Assem¬
bly of this State.
Mr. Toombs moved to fill the blank in the substitute, with
14'seventy-five"; which was decided in the affirmative.
Whereupon, the yeas and nays were ordered to be re¬
corded, and are yeas 79, nays 70.
Those who voted in the affirmative, are Messrs.
Alexander, Delauney,
Anderson, of Chat- Dickson of Talbot,
ham, Emanuel,
Anderson of WarrenFoster,
Black, Greene, of Macon,
Carroll, Hardeman,
Chappell, Hardman,
Chester, Hardy,
Chipley, Hubbard,
Covenah, ■ -Hudson,
Cooke, Johnson, of Heard,
Craft, Jones of Monroe,
Crawford of Ogle- Jordan,
thorpe, King*
Crawford, of Rich- Lefils,
mond, Loyall,
Crawford of Sum- Mann, of Morgan,
Credille,
Outright,
Daniel of Greene,
Daniel of Thomas,
Darden, of Troup,
Darden of Warren,
Davenport,
Davis,
Martin of Morgan,
Martin of Gwinnett
Maxwell,
May of Warren,
McGahagan,
McMillian, of
Thomas,
Meadows,
Millen,
Moore,
Morris, of Cobb,
Mulkey,
O'Neal,
Osborne,
Pitman,
Preston,
Pryor,
Rea,
Reynolds,
Rhodes,
Richardson,
Sermons,
Shaw,
Shropshire,
Stewart of Mcintosh
Stiles,
, Stone,
Stroud of Clark,
Taylor,
Toombs,
Trayler,
Waldhour,
Wales,
Walker.
40$
Warren, Whitworth, Williams of Talbot,
Whigham of Macon, Williams of Harris, Wooten.
White of Jasper,
Those who voted in the negative, are Messrs-.
Anderson of Frank- Hardage, Moon,
lin,. Harrison of Ran- Morris of Murray,.
Ashley, dolph
Barclay, Harris,
Beavers, Hatcher,
Brown, of Fayette, Hendry,
Bryan of Wayne,. Hibbert,
Carlton,
Cannon,
^handler,
Collier,
Crutchfield,
Dawson,
Dufour,
Erwin,
F arnall,
Hotchkiss,
Howard,
Hudgins,
Hunter,
Moultrie,
Murphey of DeKalb
Murpbey of Wil¬
kinson,
Palmer,
Parks,
Pitts,
Price,
Read,
Johnson of Appling, Roberts,
Johnson of Troup, Robertson, of Co-
Jones, of F ranklin, lumbia,
Keaton,
Lawson,
Flournoy, of Mus- Lee,
cogee, Lowe1,
Flournoy, of Wash- Mann of Tattnall,
ington, Mays of Cobb,
Ford, of Cherokee, McCall,
McCrimmon,
McDuffie,
Sanders,
Sanford,
Sheffield,
Stuart of Ware,
Stroud, of W altony
Sumner,
Tanner,
T arver,
Thompson,
McMillen of JacksonWelborne,
Mitchell, Williams of Bulloch.-
F ranks,
Oath-right,
Green of Forsytfo,
Hall,
Hammond,
The substitute Was then' adopted in lieu of the original
report; the report as amended, was agreed to.
The bill was read the third time and on the question,
shall this bill now pass ? the yeas and nays were ordered
to be recorded, and are }reas 83-, nays 66-.
Those who voted in the affirmative,, are Messrs.
Alexander, Crawford of Rich- Dickson, of Talbot,
Anderson of Chat- mond, Emanuel,
ham, Crawford of SumterFlournoy of Mus-
Anderson of W arrenCredille, cogee,
Black,
Carroll,
Chappellv
Chipley,
Covenah,
Cooke,
Crawford of Ogle¬
thorpe,
Outright,. Foster,
Daniel of Greene, Green of Macon,
Daniel of Thomas, Hardeman,
Darden, of Troup, Hardman,
D'arden of Warren, Hardy,
Davenport, Hotchkiss,
Davis, Hubbard,
Delauney, Hudgins,
409
Hudson1,
Johnson of Heard,
Jones of Harris,
Jones, of Monroe,
Jordan,
Morris, of Cobb, Stuart of Ware,
Morris, of Murray, Stiles,
Mulkey,
Nash,
O'Neal,
Osborne,
Pitman,
Preston,.
Pryor,
Rea,
Stone,
Stroud of Clark,
Taylor,
Toombs,
Trayler,
Waldhour,
Wales,
Walker,
Warren,
Whigham of Macon,
White of Jasper,
WhitWorth,
Williams of Harris,
Williams of Talbot,
King,
Lefils,
Loyall,
Mann, of Morgans,
Martin of Morgan,
Martin of Gwinnett, Reynolds,
Maxwell, Rhodes,
McGahagan, Richardson,
McMillian, of Thx/ s, Sermons,
Meadows, Shaw,
Millen, Shropshire,
Moore, Stewart of Mcintosh W ooten.
Those who voted in the negative, are Messrs.
Anderson of Frank-Harrison of Ran- Moon,
lin, dolph, Moultrie,
Barclay, Harris, Murphey, ofDeKalb
Beavers, Hatcher, Murphey of Wil-
BroWn, of Fayette, Hendry, kinson,
Bryan, of Wayne, Hibbert, Palmer,
Carlton, Hines, Parks,
Cannon, Howard, Pitts,
Chandler, Hunter, Price,
Collier, Johnson of Appling, Read,
Crutchiield, Johnson of Troup, Roberts,
Dawson, Jones of Franklin,
Dufour, Keaton,
Erwin, Lawson,
Farnall, Lee,
Mann, of Tattnall,
Mays of Cobb,
McCall,
McCrimmon,
McDuffie,
McMath,
Robertson, of Co¬
lumbia,
Sanders,
Sanford,
Sheffield,
Stroud of Walton,
Sumner,
Tanner,
Tarver,
Thompson,
Welborne,
Flournoy of Wash- Lowe
ington,
Ford of Cherokee,
F ranks,
Gathright,
Green of Forsyth,
Hall,
Hammond,
Hardage,
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary:
Mr, Speaker***-The f611owirig acts which originated in the
House of Representatives, have been assented to and signed
by his Excellency the Governor :
An act to repeal an act, entitled an act to exempt certain
McMillen ofJacksonWilliams ofBulloch
Mitchell,
410
persons from jury and militia duty, in the county of Mcin¬
tosh, passed 21st December, 1839.
An act to change the time of holding the Superior Courts
of the Cherokee circuit, so far as relates to the counties of
Union, Gilmer, Murray, Walker, Chattooga, Dade and Floyd.
An act to authorize the Justices of the Inferior Court of
the county of Pike, to apply the county funds of said county,
for the support of the invalid poor of said county.
An act to amend the charter of the city of Macon, so far
as respects the time of holding charter elections of said city.
An act to authorise the Justices of the Inferior Court of
Macon county, to levy an extra tax for the year 1841.
An act to pardon Jackson Mahon, of the county of Baldwin.
An act to alter and fix the time of holding the Inferior
Courts in the county of Muscogee.
The House took up the report on the reconsidered bill, to
repeal an act to regulate the intercourse between the banks
of this State and other institutions and brokers; and agreed
thereto.
The bill was read the third time and lost.
The following bills of Senate were severally taken up and
read the first time, to wit:
A bill to incorporate the Methodist Episcopal Church, in
Chattooga county, to be called the Broomtown Vglley
Church, and to appoint trustees for the same.
A bill for the relief of Mrs. Sarah H. Allfriend.
A bill for the relief of Sarah Mansfield, of Decatur county.
A bill to require the sheriff and coroner of the county of
Muscogee, to hold their sales at the market house; and to
prescribe the amount in which they shall give bond for the
performance of their duty.
A bill to extend the time for fortunate drawers in all the
land lotteries, and in the gold lotteries, to take out their
grants, except the counties herein excepted.
A bill to incorporate a volunteer corps of Riflemen, in the
city of Augusta.
A bill to amend an act to alter aqd fix the time of holding
the Superior Courts in the Eastern District.
A bill to repeal so much of an act for compensating the
grand and petit juries of Telfair county, as relates to the-
grand jury thereof.
A bill to require the commissioners of the Western and
Atlantic Rail Road so to arrange, as that at least one of them
shall be always on the road, personally supervising the en¬
gineers and contractors.
A bill to authorize Shubel Tenny to open and keep open
the North Oconee river, from Athens to King's Bridge; and
to vest in him, his heirs and assigns, the said right, for the
411
term of ten years; and to fix the maximum rates of trans¬
porting lumber, wood, and produce, thereon.
The following bills of the House were severally read the
second time and referred to a committee of the whole House,
to wit :
A' bill to authorize the Justices of the Inferior Court, or a
majority of them, to remove the county site of Scriven coun¬
ty, from Jacksonboro' to some other more convenient central
and eligible situation, and for other purposes.
A bill to alter and change the place of holding elections
in the county of Pulaski.
A bill to amend the forty-eighth section of the fourteenth
division of the penal code of this State, and to define the
question to be propounded to jurors on the trial of crimes
and offences against the laws of this State, for which the
punishment is death, imprisonment, and labor in the Peni¬
tentiary.
The House then adjourned until 9 o'clock, to-morrow
morning.
FRIDAY, December 18, 1840.
Mr. Hardeman moved to reconsider so much of the Jour¬
nal of yesterday, as relates to the rejection of the bill to
authorise the Judge of the Ocmulgee Circuit, to appoint a
Master in Equity for the county of Baldwin.
The House refused to reconsider.
Mr. Chappell moved to reconsider so much of the Journal
of yesterday, as relates to the rejection of the bill for the
relief of James L. Daniel.
The House refused to reconsider.
Mr. Crutchfield moved to reconsider so much of the Jour¬
nal of yesterday, as relates to the rejection of the bill for the
relief of Solomon Spurlock, John P. Glover, Senior, and
John P. Glover, Junior, securities of William E. Glover;
which was refused.
Whereupon the yeas and nays were required to be re¬
corded, and are Yeas 58, Nays 90.
Those who voted in the affirmative, are Messrs.
Anderson,of Chat'm,Brown, of Houston, Dark,
Atkinson, Bryan of Wayne, Dixon of Walker,
Barclay, Chandler, Fitzpatrick,
Betheaf Collier, Gathright,
Boothe, Crutchfield, Hall,
Brown of Fayette, Daniel of Thomas, Hammond,
412
Hardeman, Mays, of Cobb, Sanford,
Harrison of Ran- McDuffie, Smith,
dolph, McMillian of Tho's.Stroud, of Walton,
Harris, Mitchell, Sumner,
Hatcher, Moon, Tanner,
Hendry, Murphey of Wilkin- Tarver,
Hibbert, son, Toombs,
Hotchkiss, Neal, Towles,
Howard, Osborne, Turner,
Hudgins, Palmer, White of Jasper,
Hunter, Pettee, White of Pike,
Jones of Franklin, Pitts, Williams,of Bulloch,
Keaton, Price, Wiliams of Talbot,
Lawson, Roberts, Wilson.
Those who voted in the negative, are Messrs.
Anderson of Warren Green of Forsyth, Preston,
Ashley, Greene of Macon, Pryor,
Beavers, Hampton, Rea,
Bell, Hardage, Reeves,
Bentley, Hardman, Reynolds,
Bigham, Hardy, Rhodes,
Boynton, Harrison of PutnamRichardson,
Bryan, of Houston, Hines, Robertson of Colum-
Carlton, Hitchcock, bia,
Chapman, Hubbard, Sapp,
Chipley, Hudson, Sermons,
Cooke, Johnson of Heard, Shaw,
Crawford, of Ogle-Johnson, of Troup, Sheffield,
thorpe, Jones, of Columbia,Shropshire,
Crawford of Rich'd. Jones of Harris,
Credille,
Cutright,
Daniel of Greene,
Darden of Troup,
Davenport,
Davis,
Dawson,
Delauney,
Dodson,
Emanuel,
Erwin,
Espy,
Long,
Lowe,
Loyall,
Lynch,
Mann of Morgan,
Mann of Tattnall,
Martin, of Morgan, Waldhour,
Martin of Gwinnett, Wales,
Stuart of Ware,
Stiles,
Stone,
Stroud of Clark,
Thomas,
Thompson,
Trayler,
Maxwell,
May of Warren,
McCall,
McCrimmon,
Flournoy, of Mus- McMath,
co gee, Moore,
Flournoy of Wash- Moultrie,
ington, Mulkey,
Foster, Parks,
Walker,
Warren,
Welborne,
West,
Whigham of Macon,
Whitworth,
Williams of Harris,
Wingfield,
Wooten.
So the House refused to reconsider.
413
Mr. Hardage moved to reconsider so much of the Journal
of yesterday, as relates to the passage of the bill to set apart
a fund for the payment of the interest of the public debt of
the State of Georgia, and the gradual reduction and ultimate
payment of the principal.
Whereupon the yeas and nays were required to be re¬
corded, ahd are Yeas 62, Nays 101. '
Those who voted in the affirmative, are Messrs.
Anderson, of Frank-Harrison of Ran- Neal,
fin, dolph, Palmer,
Atkinson, Harris, Pettee,
Barclay, Hatcher, Price,
Beavers, Hendry, Roberts,
Bentley, Hibbert, Robertson of Co-
Boothe, Howard, lumbia,
Brown of F ayette, Hunter, Robinson, of Jasper,
Bryan, of Wayne, Jones, of Franklin, Rodgers,
Burt, Keaton, Sanders,
Carlton Lawson, Sanford,
Cannon, Lee, Sheffield,
Chandler, Lowe, Stroud, of Walton,
Collier, McCall, Sumner,
Dark, McDuffie, Tanner,
Erwin, McMath, Tarver,
Fitzpatrick, McMillen of JacksonThompson,
Ford, of Cherokee, Mitchell, Towles,
Green, of Forsyth, Moon, Welborne,
Hall, Murphey of DeKalb White of Pike,
Hammond, Murphey of Wilkin- Williams ofBulloch.
Hardage, _son, Wilson.
Those who voted in the negative, are Messrs.
Alexander, Craft, Flournoy, of Mus-
Anderson of Chat-Crawford, of Ogle- cogee,
ham, thorpe, Flournoy of Wash-
Anderson of WarrenCrawford of Rich- ington,
Dell, mond, Ford, of Lee,
Bethea, Crawford, ofSumterFoster,
Bigham, Credille, Franks,
Black, Cutright, Greene, of Macon,
Boyntqn, Daniel, of Greene, Hampton,
Brown, of Houston, Darden, of Troup, Hardeman,
Bryan of Houston, Darden of Warren, Hardman,
Carroll, Davenport, Hardy,
Chapman, Davis, Harrison of Putnam,
Chappell, Delauney, Hitchcock,
Chester, Dickson of Talbot, Hotchkiss,
Chipley, Dodson, Hubbard,
Cooke, Emanuel, Hudgins,
414
Hudson, Moore,
Johnson, of Heard, Mulkey,
Johnson, of Troup, Nash,
Jones, of Columbia, Osborne,
Jones, of Monroe, Parks,
King, Pitman,
Loyall, • Preston,
Lynch, Pryor,
Mann, of Morgan, Pea,
Martin, of Morgan, Reeves,
Martin, of Gwinnett,Reynolds,
Maxwell,
Mays, of Cobb,
May, of Warren,
McGahagan,
McMillian, of
Thomas,
Meadows,
Millen,
Rhodes,
Richardson,
Sapp,
Sermons,
Shaw,
Shropshire,
Smith,
Stephens,
Stewart of Mcintosh
Stuart, of Ware,
Stiles,
Stone,
Thomas,
Toombs,
Trayler,
Waldhour,
Wales,
Walker,
Warren,
West,
Whigham of Macon,
White of Jasper,
Williams of Harris,
Williams of Talbot,
Wingfield,
Wooten.
So the House refused to reconsider.
The House took up and agreed to a resolution requiring
his Excellency the Governor, to have sent to the county of
Heard, two copies of Prince's New Digest, and the Acts
and Journals of this Session, for a new created district in
said county.
And also agreed to a resolution requesting his Excellency
the Governor, to have furnished to a troop of horse, known
as the Tattnall Guards, sixty swords and sixty pair of pistols,
upon the Captain's giving security for the preservation and
return of the same when required.
Also, took up and agreed to a resolution requesting our
Senators and Representatives in Congress to procure the
establishment of a mail rojite from Irwinville to Troupville;
and also, from Irwinville to Pindertown, in Baker county.
Also—requesting his Excellency the Governor to furnish
a copy of the above resolution to each of our Senators and
Representatives in Congress.
The House took up the report on the bill to authorise the
Justices of the Inferior Court, or a majority of them, to remove
the county site of Scriven, from Jacksonboro', to some other
more convenient, central and ehgible situation, and for other
purposes.
The report was amended and agreed to; the bill read the
third time, and lost.
The House took up the report on the bill to alter and
change the place of holding elections in the county of Pu¬
laski ; and agreed thereto.
The bill was read the third time, and passed.
415
Also—the report on the bill to amend the 48th section of
the 14th division of the penal code of this State, and to de¬
fine the question to be propounded to jurors on the trial of
crimes, and offences against the laws of this State, for which
the punishment is death, or imprisonment and labor in the
Penitentiary; and agreed thereto: And on the question,
Shall this bill now pass ? the yeas and nays were required
to be recorded, and are yeas 53, nays 93.
Those who voted in the affirmative, are Messrs.
Alexander, Flournoy of Mus- Nixon,
Anderson of Chat'm. cogee, O'Neal,
Ashley, Ford of Lee, Pettee,
Atkinson, Green, of Forsyth, Pitts,
Bell, Hardy,
Bigham, Hatcher,
Black, Hendry,
Brown of Houston, Hotchkiss,
Bryan of Wayne, Hubbard,
Chappell, Jones of Franklin,
Chipley, Jones of Monroe,
Collier, King,
Outright, May of Warren,
Davenport, McGahagan,
Dawson, McMillian of
Delauney, Thomas,
Dixon, of Walker, Mulkey,
Erwin, Murphey, of Wil- Wooten.
Fitzpatrick, kinson,
Those who voted in the negative, are Messrs.
Rodgers,
Sapp,
Shaw,
Stephens,
Stewart of Mcintosh
Stiles,
Stone,
Tanner,
T arver,
W alker,
Welborne,
Whitworth,
Wingfield,
Anderson of Frank- Dark,
lin, Davis,
Barclay, Dodson,
Bentley, Emanuel,
Boynton, Flournoy of Wash-
Brown, of Fayette, ington.
Bryan of Houston, Ford of Cherokee,
Burt, Franks,
Carlton, Gathright,
Cannon, Greene of Macon,
Carroll, Hall,
Chandler, Hard age,
Cooke, Hardeman,
Crawford, of Rich-Hardman,
mond, Harrison, of Put-
Crawford of Sumter, nam,
Credille, Harrison of Ran-
Daniel of Greene, dolph,
Darden of Troup, Harris,
Hibbert,
Hines,
Hudgins,
Johnson of Heard,
Jones of Columbia,
Keaton,
Lee,
Long,
Lowe,
Loyall,
Lynch,
Mann, of Morgan,
Mann of Tattnall,
Martin of Gwinnett,
Maxwell,
Mays, of Cobb,
McCall,
McCrimmon,
McDuffie,
416
McMath, Rea, Stroud, of Walton,
McMillen, of Jack-Read, Sumner,
son, Reeves, Thompson,
Mitchell, Reynolds, Toombs,
Moon, Rhodes, Towles,
Moore, Richardson, Turner,
Murphey of De- Roberts, Waldhour,
Kalb, Robinson of Laurens Wales,
Nash, Sanders, Warren,
Palmer, Sanford, West,
Parks, Sermons, Whigham of Macon,
Pitman, Shropshire, White of Jasper,
Preston, Smith, White of Pike,
Price, Stuart of Ware, Willliams of Talbot,
Pryor,
So the bill was lost.
The following message was received from the Senate, by
Mr. Bailey, their Secretary:
Mr:. Spealccr: The Senate has passed the following bills:
A bill to authorise the Sheriff of Meriwether to sell the
State's interest in lot of land, No. 23, 11th district, formerly
Troup, now Meriwether county, and the Sheriff of the seve¬
ral counties in this State to sell all land in their respective
counties, in which the State may have an interest, derived
from fraudulent draws.
A bill to repeal an act, entitled an act, to establish elec¬
tion districts in the several counties therein named, so far as
relates to the county of Harris.
A bill to amend an act to compensate the Superintendents
of precinct elections, of Troup, Harris and Richmond coun¬
ties, assented to, December the 23d, 1839, so far as relates
to the county of Troup.
A bill to alter and amend the 9th section of the judiciary
act of 1799, and the first section of an act relative to execu¬
tions, passed December 14th, 1811.
A bill to amend the second section of an act, entitled an
act, for the better protection of orphans and their estates,
passed on the ISth day of February, 1799, approved 22nd
December, 1828.
A bill to form additional precincts in the county of Hous¬
ton.
A bill to repeal so much of an act, passed 23d December,
1839, as relates to the names of certain persons, and alter
the names of the same, and to legitimatize them, and others
herein named, and make them legal and lawful heirs of their
reputed father.
A bill to change the place of holding elections, &c.
A bill to establish certain election precincts, and to change
others therein mentioned.
417
A bill to repeal an act, entitled an act, to consolidate the
offices of tax collector and receiver of tax returns, so far as
respects the counties of Baldwin, Chattooga, Franklin,
Gwinnett, Heard, Upson, Wilkes, Mcintosh, Thomas, Jef¬
ferson, Cobb, Hancock, Dooly, and Marion, passed on the
9th day of December, 1839, so far as relates to the county
of Upson.
The Senate has passed the following bills of the House of
Representatives, with amendments.
A bill to establish and fix the fees of Sheriffs, Constables,
and other officers, in certain cases.
A bill to establish election districts, and to alter some
already established in the several counties therein named,
and to regulate the same.
A bill to authorise Seaborn N. Jones and Leonard C.
Simpson, to plead and practice law in the several courts of
law and equity in this State, and to define their liability
touching the same.
A bill to permit the Sheriff of Houston county to adver¬
tise his sales in any public gazette printed in the city of
Macon, or any paper in the State, and to authorise the Sheriff
of certain counties therein named, to publish their adver¬
tisements in any paper in the Northern Circuit, under cer¬
tain provisions.
A bill to repeal an act, entitled an act, to organize the
office of Adjutant General of the State of Georgia, passed
on the 28th December, 1836.
The Senate has also agreed to the report of the Committe
on Finance, to whom was referred the communication of his
Excellency the Governor, relative to the contract of the com¬
missioners of public buildings for the State, with Ezekiel
Root, the artist, for constructing the steps to the Capitol.
Also—has agreed to a resolution designating the hour of
7 o'clock, P. M., the 18th instant, for the purpose of electing
three commissioners of the Western and Atlantic Rail Road;
two directors of the Bank of the State of Georgia; and two
commissioners under the act to authorise the business of
banking.
To which, the concurrence of the House of Representa
fives is desired.
Mr. Dixon, of Walker, presented a petition for the relief
of William Falkner ; which was referred to the Committee
on Petitions. . #
Mr. Taylor asked and obtained leave of absence until
3 o'clock, to-morrow, on business of importance.
Mr. Crutchfield asked and obtained leave of absence for
this day, from indisposition. , „
The following bill was taken up and referred to the Com¬
mittee of the VV hole, and read the second time.
27
418
A bill to prorect the slave property of the people of the
State of Georgia, from the aggressions of the people of the
State of Maine, and to seize the persons of the citizens and
inhabitants of the State of Maine comining into this State,
in certain cases.
The douse took up the amendment of the Senate to the
bill of the House authorising the Sheriffs of Troup county
to advertise their sales in some one of the public gazettes in
Columbus, Georgia, and further amended the same.
The House took up the resolution of Senate bringing on
the election of three commissioners of the Western and
Atlantic Rail Road, two directors of the Bank of the State
of Georgia, two commissioners under the act to authoiise
the business of banking, and to regulate the same ; and a
Brigadier General of the 1st brigade, 4th division; and con¬
curred therein.
Mr. Stone, from the Committee of Enrolment, reported as
duly enrolled,
An act to authorise the Sheriff's, Clerk of the Superior, In¬
ferior and Ordinary Courts of the county of Campbell, to in¬
sert their advertisements in any of the public gazettes in the
Coweta Circuit.
An act to point out the tribunal and mode for the trial of
questions of citizenship in certain cases, and to declare what
shall be evidence in the same.
An act to make permanent the site of public buildings,
and seat of Justice, for the county of Gilmer, in the town of
Elijay, and to incoqwrate the same.
An act to extend the time for taking out grants for lands
in the counties of originally Early, Irwin, Appling, Hall,
Habersham, and Rabun, and to provide for the disposition
of the same, if not granted within the time extended.
An act to authorise Overseers of Roads for Chattooga and
Rabun counties, to appoint Warners, and to define their
duties.
The following message was received from the Senate, by
Mr. Bailey, their Secretary, to wit.
Mr. Speaker: The Senate has passed a bill to regulate the
issue of post-notes by the banks of this State, and to repeal
all acts prohibiting the issue of such notes.
The House took up the report on the bill to repeal the
second section of an act, passed in December, 1830, making
an appropriation for the benefit 6f the University of Georgia.
Mr. Stephens offered the following as an amendment to
the report.
And whereas, the Legislature of this State, in the year
1784, appropriated twenty thousand acres of the first quality
419
of land in several counties of this State, For the laudable,
wise and patriotic purpose of founding a university of learn¬
ing within its limits, wherein hei sons might be taught the
arts and sciences, and have all the opportunities of obtaining
a thorough education, without being dependent therefor upon
foreign institutions : And whereas, subsequently to the ap¬
propriation of said lands, and in pursuance ©f die object
contemplated, thereby such university has been founded and
chartered : And whereas, the lands so appropriated, have at
different times been sold and conveyed, in pursuance of vari¬
ous acts of the Legislature, and a large amount of the proceeds
of the sale of the same has at different times been received
into the treasury of the State : And whereas, it is not only
the pride and honor ©f all free States to aid in the diffusion
of knowledge, the encouragement of learning, and the pro¬
motion of education, and to cherish and foster the higher
schools of science, but has been made the constitutional
duty of the General Assembly of Georgia, sanctioned by the
experience, virtue, intelligence, and patriotism of our Revo¬
lutionary fathers, to provide effectual measures for the im¬
provement and permanent security of the funds, and endow¬
ments of such institutions.
And whereas, the Legislature, in pursuance of such high
obligations, has from time to time since the adoption of the
Constitution, given to the university aforesaid, various dona¬
tions and additional endowments, some seeming to be in
lieu of the interest accruing annually on the funds of the
university received into the treasury of the State, and others,
as original endowments: And whereas, experience has
shown, that for the better securing the great objects intended
by the founders of the institution, it should be entirely sep¬
arated from the precarious action of the General Assembly,
as well in its fiscal concerns, as in its general government
and regulations, which could much better be confided to the
management and direction of its board ©f trustees, and that
its funds of original and subsequent endowments, as far as
the same have been received into the treasury of the State,
should be turned over to the board of trustees, to be by
them permanently invested, in such way, and in such stocks,
as may appear to them most conducive to the advancement
of the interest ©f the high trusts committed to their charge.
In pursuance, therefore, of these objects, and for the
better securing these ends, as well for the disconnection of
the affairs and funds ©f the university, from the treasury of
the State, as for the settlement of its permanent endowment
hereafter, as originally contemplated by its founder, and as
enjoyed by the Constitution.
Be it' therefore further enacted., That within three months
•after the passage ©f this act, it shall be the duty of the Gov¬
ernor to appoint three fit and suitable persons to .examine
420
into the history of the university of this State from its earli¬
est establishment, and to ascertain Mie amount of the various
donations and endowments to the same, made at different
times by the Legislature, and the aggregate of the several
annual receipts into the treasury of the State and Central
Bank, on account of the university funds, or proceeds of
bonds taken at the sale of said bonds, and also the several
annual appropriations made from the State treasury, to meet
the current expenses of the College, keeping each, the special
and the annual appropriations separate and distinct, and to
make an accurate and equitable account between the treas¬
ury and university,. for such receipts into the former, and
annual appropriations to the latter, by computing and com¬
pounding the interest according to the terms upon which it
was deposited, at the lawful rates of this State annually, on
the amounts so received into the treasury, as well as on the
annual appropriations so made to the College, to ascertain
the amount, which upon equitable settlement, so made be¬
tween the treasury and university, shall then be due to the
latter, and whose duty it shall be to report the same as soon?
as convenient to the Governor.
And be it further enacted, That upon the receipt of such
report, it shall be the duty of his Excellency the Governor
immediately to transfer and assign, or cause to be trans¬
ferred and assigned in the proper way, stock of the State
in the Bank of Augusta.,, or the Bank of the State of Georgia,,
or other funds of the State to that amount of equal value, to-
the trustees of the University of Georgia, equal to the amount
which shall be so found due, and if the same shall fall short
©f fifteen hundred shares then to that amount, whieh stock
so transferred and assigned, shall be held by said trustees-
as the permanent endowment of Franklin College. The
proceeds and dividends of which, they shall receive, con¬
trol, and apply solely for the purposes of their trusts, and
the advancement of the interest of said institution: Nor
shall they or their successors at any time have power to
sell, transfer, or otherwise dispose of the same, but by act of
the Legislature.
And be it further enacted, That all other acts and parts of
acts militating against this act, or in any way conflicting
with its clear and obvious intent and meaning, be, and the
same are hereby repealed.
Upon the motion to receive the amendment, the yeas and
nays were ordered to be recorded, and dre yeas 90, nays 6(k-
Those who voted in the affirmative, are Messrs.
Alexander, Atkinson, Brown of Bibb,.
Anderson, of Chat- Bell,
Burt,
ham,
Bethea,
Chapman,
Chappell,
Chester,,
Anderson of War- Bigham,
Black,,
421
Chipley,
Cooke,
Craft,
Crawford of Ogle- Hines,
thorpe, Hitchcock,
Crawford of Rich- Hotchkiss,
mond, Hubbard,
Crawford of Sumter Hudson,
Hardman, Mulkey,
Hardy, Nash,
Harrison ofPutnam,O'Neal,
Credilie,
Cutright,
Daniel of Greene,
Daniel of Thomas
Darden of Troup,
Darden of Warren, Lowe,
Davenport, Mann, of Morgan,
Davis, ~"
Delauney.
Dickson, of Talbot, Maxwell,
Emanuel, May, of Warren,
Flournoy of Musco- McC all,
gee, McCrimmon,
Flournoy, of Wash- McGahagan,
Johnson of Heard,
Jones of Columbia,
Jones of Monroe,
King,
Long,
Mann, of Tattnall,
Martin, of Morgan,
mgton,
Franks,
Greene, of Macon,
Hampton,
Hardeman,
Osborne,
Pryor,
Rea,
Reynolds,
Rhodes,
Richardson,
Sapp,
Shaw,
Shropshire,
Stephens^
Stiles,
Stroud, of Clark,
Thomas,
Toombs,
Waldheur,
Wales,
Warren,
Whigham ot Macon,
White, of Jasper,
Whitfield,
McMath,
McMitlian ofTho's, Williams of Harris,
Meadows, Williams, of Talbot,
Millen, Wingfield,
Moore, W ooten.
Those who voted in the negative, are Messrs.
Anderson of Frank'nHardage, Neal,
Ashley,
Barclay,
Beavers,
Bentley,
Brown, of Fayette,
Bryan, of Wayne,
Carlton,
Cannon,
Carrol],
Chandler,
Collier,
Dark,
Dufour,
Erwin,
Espy, ,
F arnall,
Fitzpatrick,
Harrison of RandMa. Nixon,
Harris, Palmer,
Hatcher, Pettee,
Hendry, Pitts,
Hibbert, Price,
Howard, Read,
Hudgins, Reeves,
Johnson, of Appling,Roberts,
Jones of Franklin, Rodgers,
Keaton,
Lawson,
Lee,
Loyall,
Martin, of Gwinnett, Sumner,
Mays, of Cobb, Tanner,
McDuffie, Thompson
Sanders,
Sanford,
Smith',
Stuart, of Ware,
McMilleii,ofJacksonTowles,
Ford, of Cherokee, Mitchell, ' Welborne, _
Gathnght, Moon, White of Pike,
Green of Forsyth, Morris, of Murray, Williams of Bulloch
Hall, Murphey of DeKalb Wilson.
So the amendment was received*
€22
The report as amended, was agreed to ; the bill read the*
third time, and passed.
Upon the passage of the bill, the yeas and nays were or¬
dered to be recorded, and are yeas 84, nays 83.
Those who voted in the affirmative, are- Messrs.
Alexander; Greene of Macon, Nash,
Anderson of Chat'm.Hampton,
Atkinson, Hardeman,.
Bethea,
Bigham,'
Black,
Boynton,
Brown of Bibb,
O'Neal,-
Osborne,.
Parks,
Pitman,
Re a,
Rhodes,.
Richardson1,
s*
Hard man,
Hardy,
Hines,
Hitchcock,
Hotchkiss,
Brown, of Houston; Hubbard,
Bryan, of Houston, Johnson, of Heard, Shropshire,
Burt, Johnson of Troup, Stephens,
Chapman, Jones of Monroe,
Chappell, King,
Chester, Liddle,
Chipleyy. Lowe,
Cooke, Lynch,
Crawford of Ogle- Mann, of Morgan,
thorpe, Mann of Tattnall,
sermons,
Stuart,- of Ware,
Stiles,
Stone,-
Stroud, of Clark,
Thomas;
Toombs,
Waldhour,
Crawford of Rich- Martin, of Morgan, Walker,-
mond, Maxwell,
Crawford of SumterMcCrimmon,
Credille, McGahagan,
Daniel of Greene, McMath,
Davenport, McMillian of
Dickson of Talbot, Thomas,
Emanuel, Meadows,
Flournoy, of Mus- Millen,
cogee, Moore,
Flournoy of Wash-- Moultrie,
ington, Mulkey,
Those who voted in the negative, are Messrs.
Anderson of Frank- Chandler, Espy,
lin, Collier,, Fitzpatrick,
Anderson ofWarrenCutright, Ford of Cherokee',
Warren,
West,
Whigham, of Macon j,
White of Jasper,
Whitfield,
Whitworth,
W illiams of T albot,
Wilson,
Wingfield,
Wooten-.
Ashley,
Barclay,
Beavers,
Bell,
Brown of Fayette,
Br van, of Wayne,
Carlton,
Cannon,
Carroll,
Daniel of Thomas, Franks,
Harden of Troup, Gathright,
Darden of Warren,. Green of Ijforsyth,
Dark, Hall,
Davis, Hardage,
Dawson, Harrison of Ranr"
Dodson, dolph,
Dufour, Harris,
Erwin, Hatcher,
423
Hendry,
Hibbert,
Howard,
Hudgins,
Hudson,
Johnson of Appling,
Jones of Columbia,
Jones, of Franklin,
Keaton,
Lawson,
Lee,
Loyall,
Martin of Gwinnett,
Mays, of Cobb,
May, of Warren,
McCall,
McDuffie,
Morris, of Murray, Sanford,
Murphey of DeKalb,Shaw,
Murphey of Wilkin- Smith,
Mitchell,
Moon,
Reynolds,
Roberts,
Palmer,
Neal,
Nixon,
McMillen of JacksonRobinson ofLaurens
Pitts,
Price,
Pry or,
Read,
Reeves,
son,
Sumner,
Tanner,
Tarver,
Rodgers,
Sanders,
Welborne,
White of Pike,
Williams of Harris*
Towles,
Wales,
Stroud of Walton,
Thompson,
The House took up and concurred in the amendments of
the Senate, to the bills of the House, viz :
A bill to establish election districts, and to alter some al¬
ready established, in the several counties therein named, and
to regulate the same.
A bill to repeal an act, entitled an act, to organize the
Adjutant General's office.
A bill to authorise Seaborn N. Jones and Leonard C.
Simpson and others, to plead and practice law in the several
Courts of Law and Equity in this State, and to prescribe
their liability touching the same.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary :
Mr. Speaker: The following acts which originated in the
House of Representatives, have been assented to, and signed
by his Excellency the Governor.
An act to legitimatize and change the name of Stephen
Handley, to that of Stephen Harris.
An act to amend an act, entitled an act, to establish a tri¬
bunal for the trial of slaves within this State, passed 16th
December, 1811, so far as relates to the county of Mcintosh.
An act to repeal an act, assented to, December 28th 1838,
to compensate grand and petit jurors in the county of Macon,
and to compensate the petit jurors of Jones county, so far as
relates to the county of Macon.
An act to add a part of the twenty-fifth district of Chat¬
tooga county to the county of Floyd, and more fully to define
and provide for the running of the dividing line between the
counties of Chattooga and Floyd.
All of which, I am directed to return.
424
The House took up the report • on the bill of Senate, to
regulate the times of holding the Superior Courts of the
Southern Circuit; which was postponed indefinitely.
The House took up, amended, and concurred in the fol¬
lowing resolution of Senate :
Resolved, by the Senate and House of Representatives, That
the Directors of the Central Bank pay in current funds, the
scrip or evidence of debt issued, and due by the commis¬
sioners of the Western and Atlantic Rail Road, other than
that description of scrip which is payable in State bonds,
so far as such scrip may have been issued, or shall be issued,
on cash contracts heretofore made, and for the engineer ser¬
vice, before the adoption of this resolution; and also, all
certificates of indebtedness to land-holders for right of way.
The House took up the report on the bill of the Senate to
change the places of holding election precincts in the seve¬
ral counties therein named; and amended and agreed
thereto.
The bill was read the third time, and passed.
The House then adjourned until 3 o'clock this afternoon.
Three o'clock, P. M,
The House met pursuant to adjournment.
Mr. Robinson, of Laurens, asked and obtained leave of
absence for the balance of the session, on account of indis¬
position.
On motion of Mr. Toombs,
The order was suspended, when he submitted the follow¬
ing report:
Mr. Toombs, from the committee to whom was referred
the message of his Excellency the Governor, in relation to
the pecuniary embarrassments of the country, made the fol¬
lowing report, to wit:
The special committee to whom were referred the com¬
munication of his Excellency the Governor, upon the sub¬
ject of Legislative relief to the good people of this State
from their pecuniary embarrassments, consequent upon the
unprecedented failure of their cotton crop, beg leave to •
REPORT:
That your committee have given the subject all that ear¬
nest and considerate attention which its importance demands,
consistent with the brief space of time allotted them for that
purpose, and the nature of their other public duties, and
425
their deliberations have resulted in the conviction, that the
measure suggested by his Excellency, ought not to be
adopted.
While we are duly sensible of, and deeply regret the
pecuniary embarrassments of many of our fellow-citizens,
we feel constrained by a sense of public duty to declare,
that we deem it unwise, impolitic, and unjust, to use the
credit, and pledge the property and labor of the whole peo¬
ple, to raise money to supply the private wants of a portion
only, of the people. The use of public credit is one of the
most important and delicate powers, which a free people
confide in their representatives—it should be jealously
guarded, sacredly protected, and cautiously used, even for
the attainment of the noblest public ends, and never for the
benefit of one class of the community, to the exclusion or
.injury of the rest, whether the demand for it grows out of
their cupidity, or real or supposed private pecuniary difficul¬
ties.
The improvident or unfortunate use of private credit, (by
what means stimulated, or fostered, or thwarted, in the con¬
summation of its proposed objects, we will not stop to en¬
quire,) is, undoubtedly, the immediate cause of the present
pecuniary embarrassments of our fellow-citizens. To re¬
lieve those difficulties by the use of public credit, would be
to substitute a public calamity (for such we deem a public
debt), for private misfortune, and would end in the certain
necessity of imposing grievous burthens in the way of taxes,
upon the many, for the benefit of the few.
All experience admonishes us to expect such results from
the proposed measure ; to adopt which, would be to violate
some of the most sacred principles of the social compact.
All free governments deriving their just powers from, and
being established for the benefit of the governed, must neces¬
sarily have power over the property, and consequently, the
credit of the governed, to the extent necessary for public
use, and no farther. And whenever government assumes
the right to use the property or credit of the people for any
other purpose, it abuses a power essential for the perfor¬
mance of its legitimate duties, in a manner destructive of
the rights and interests of the governed, and ought to be
sternly resisted by a free people.
The proposed measure violates these admitted truths,
asserts the untenable principle, that governments _ should
protect a portion of the people, in violation of the rights of
the remainder, from the calamitous consequences of unpro-
pitious seasons, their private misfortunes, and, perchance, of
their indiscretions and follies—that the pecuniary wants of
the people, by whatever cause produced, should be supplied
with funds borrowed upon public credit, and that in the dis¬
tribution of the funds so raised, a discrimination should be
426
made, based upon the necessities of the applicant—the right
to judge of whose necessities must be confided to public
agents, who will thereby be entrusted with a dangereus, as
well as odious power, and which will be liable to great
abuses. He must have been an indifferent or careless spec¬
tator of similar financial operations, who can persuade him¬
self', that this scheme of borrowing money to lend again at
the same rate of interest, can be performed without loss to
the State ; that loss must be supplied by taxation, and to
that extent, at least, it Will operate so as to legislate money
from one citizen's pocket, to those of another.
But, if it is even deemed expedient and proper to adopt
the proper measure upon principle, it is, at this time, utterly
impracticable. This branch of the General Assembly here
at this session, put the seal of their condemnation when a
measure so similar in its character, as to interfere a consti¬
tutional barrier against its further consideration, without a
degree of unanimity not to be anticipated, if desirable, after
so decided a vote of disapproval; for these, and other
reasons, we ought not to adopt the measure suggested, if we
could'—we could not if we would. Our bonds have been
upon the stock market for above two years, to the amount of
two millions of dollars. They have been carried across the
Atlantic in search of a market; no advantageous sale of
them could be made there—where money is abundant, and
cheap : They have been brought back for the same purpose,
among our own citizens, who are liable for their payment.
There they can only be exchanged for labor at a rate greatly
above cash prices, and we feel great confidence in the opin¬
ion, that the issuing of similar securities by the State, to an
amount necessary for carrying out the proposed measure,
and, especially, to subserve the purpose intended, will not
enhance the value of such securities, or facilitate the opera¬
tion of melting them into coin.
The want of system and order in the management of our
finances, the indifference, at least, manifested towards, if
not disregard of the right of our creditors, the injudicious
use, to an improvident extent, of the public credit, in the
shape of Central Bank notes, has so impaired the public
credit, that he would be a very unsafe borrower for the
State to trust, who could hot now raise money to the extent
that his circumstances in life would warrant, as cheaply
upon his private credit, as we can, upon the credit of the
State. We are not familiar with the minute operation of a
similar system adopted in a neighboring sister State, alluded
to, by his Excellency ; but from the deranged and depreci¬
ated condition of the currency of that State, the financial
embarrassments of almost all classes of her people, for seve¬
ral years past, and which still exist to an extent far greater
than those of our own State which we are called on to relieve,
m
we are well convinced that the road to financial prosperity,,
must lie in a far different direction from any she has as yet
taken.
We deem it proper further to report, upon that portion of
his Excellency^ communication, which invites us in the
event of our disapproval of the system suggested by him,
to devise " some other more faultless " for the attainment of"
the end proposed. That from the foregoing brief notice of
the financial condition of the State, it seems that she cannot
supply popular wants with money, because she has none ,
that she ought not with her credit, for the measures herein
assigned; that we know of no other mode of Legislative
relief, except the interposition of unconstitutional, unwise,
unjust, and oppressive legislation between debtor and
creditor, which, we presume, needs not our condemna¬
tion.
We therefere beg leave to be discharged from the further
consideration of this subject.
ROBERT A. TOOMBS,
WILLIAM H. STILES,
A. H. CHAPFELL,
GEO. W. CRAWFORD.
Which was read, and upon motion to agree thereto, the
yeas and nays were required to be recorded, and are yeas.
88, nays 79.
Those who voted in the affirmative, are Messrs.
Alexander, Outright, Jones of Columbia,
Anderson of Chat- Daniel, of Green, Jones of Harris,
ham, Daniel of Thomas, Jones, of Monroe,
Anderson, of War- Darden of Troup, King,
ren, Darden, of Warren, Long,
Ashley, Davenport, Lowe,
Bigham, Delauney, Loyall,
Black, Dickson of Talbot, Lynch,
Boynton, Emanuel, Mann, of Morgan,
Brown, of Bibb, Flournoy, of Mus- Martin, of Morgan,
Brown of Houston, cogee, Martin, of Gwinnett,
Bryan, of Houston, Foster, * Maxwell^
Chapman, Green of Maccji, ^ Ma^r of Warren,
Chappell, Hardeman, >. * McMillian of Tho's*
Chester, Hardman, Millen,
Chipley, * Hardy, Moore,
Covenah, Harrison, of Putnam,Morris, of Cobb,
Craft, Hitchcock, Mulkey,
Crawford of Ogle- Hubbard, Nash,
thorpe, Hudson, 2^ea3»
Crawford ofRichm'dJohnson, of Heard, Osborne,
Crawford of Sumter, Johnson of Troup, Parks,
428
Preston, Stephens, Wales,
Pryor, Stuart of Ware, Warren,
Rea, Stiles, West,
Reynolds, Stone, Whigham of Macon,
Rhodes, Stroud, of Clark, White, of Jasper,
Richardson, Thomas, Whitfield,
Sapp, Toombs, Whitworth,
Sermons, Trayler, Williams, of Harris.
Shaw, Waldhour,
Those who voted in the negative, are Messrs.
Anderson of F r an kl. Hard age, Murphey of Wilk-
Barclay, Harrison of Ran- inson,
Beavers, dolph, Neal,
Bell, Harris, Nixon,
Bentley, Hatcher, Palmer,
Bethea, Hendry, Pettee,
Brown, of Fayette, Hibbert, Pitts,
Carlton, Hines, Price,
Cannon, Hotchkiss, Read,
Carroll, Hudgins, Reeves,
Chandler, Hunter, Roberts,
Collier, Johnson of Appling,Robinson of Jasper,
Dark, Jones of Franklin, Robinson of Laur'ns
Davis, Keaton, Rodgers,
Dawson, Lawson, Shropshire,
Dixon of Walker, Lee, Smith,
Dodson, Mann, of Tattnall, Stroud of Walton,
Dufour, Mays of Cobb, Sumner,
Erwin, McCall, Tanner,
Fitzpatrick, McCrimmon, Tarver,
Flournoy of Wash- McMath, Thompson,
ington, McMillenof JacksonTowles,
Ford of Cherokee, Meadows, Turner,
Franks, Mitchell, Welborne,
Gathright, Moon, White of Pike,
Green of Forsyth, Morris of Murray, Williams, of Bulloch
Hall, Murphey of DeKalb, Wilson.
Hammond,
So the report was agreed to.
Mr. Stroud, of Walton, from the minority of the special
CQmmittee to whom was referred the Governor's communi¬
cation, relative to the pecuniary embarrassments of the coun¬
try, reported the following bill, which was read the first
time.
A bill to authorise the sale of scrip, or certificates of State
debt, by his Excellency, the Governor of this State, and to
place the proceeds of the sale thereof, in the Central Bank
of Georgia, to be loaned out by the directors thereof, under
429
certain restrictions, and to provide a permanent fund for the
redemption of the principal and interest accruing" on said
bonda. a
The House took up the report on the bill of Senate to
authorise the return of Sheriffs, Constables, Coroners, and
Justices of the Peace, to be traversed, and to point out the
manner in which the same shall be made mT and agreed
thereto.
The bill was read the third time, and on the question.
Shall this bill now pass ? it was determined in the affirma¬
tive.
Whereupon, the yeas and nays were required to be re¬
corded, and are, yeas 94, nays 68.
Those who voted in the affirmative, are Messrs.
Alexander,
Anderson, of Chat- sngton,
ham, Foster,
Ashley, Gathright,
Bethea, Hall,
Bigham, Hardage,
Black, Hardman,
Boynton, Hardy,
Brown of Bibb, Hatcher,
Bryan of Houston, Hitchcock,
Flournoy of Wash- Murphey, of Wil¬
kinson,
Nash,
O'Neal,
Osborne,
Parks,
Pitman,
Pryor,
Rea,
Reynolds,
Rhodes,
Richardson,
Sanders,
Sapp,
Shaw,
Stephens,
Stuart, of Ware,
Stiles,
Stone,
Stroud of Clark,
Thomas,
Toombs,
Chappell,
Chester,
Chipley,
Cooke,
Craft,
Crawford of Ogle¬
thorpe,
Crawford of Rich'd.Long,
Crawford of SumterLoyall,
Credible, Mann, of Morgan,
Cutright, Mann, of Tattnall,
Daniel of Greene, Martin of Morgan,
Daniel of Thomas, Martin of Gwinnett,Trayler,
Hotchkiss,
Hubbard,
Hudson,
Johnson of Heard,
Jones of Harris,
Jones, of Monroe,
Lee,
Darden of Troup, Maxwell,
Darden of Warren, May of Warren,
Davenport, McCrimmon,
Davis, McMillian of
Dawson, Thomas,-
Delauney, Meadows,
Dickson of Talbot, Millen,
Dixon, of Walker, Moore,
Emanuel, Morris, of Cobb,
Flournoy of Mus- Murphey of D eKalbWooten.
Wales,
Walker,
Warren,
West,
Whigham of Macon,
White, of Jasper,
Whitfield,
Whitworth,
Williams, of Harris,
co gee,
430
Those who voted
Anderson of War¬
ren,
Barclay,
Beavers,
Bell,
Bentley,
Brown, of Fayette,
Brown of Houston,
Carlton,
Carroll,
Chandler,
Collier,
Dark,
Dodson,
Dufour,
Erwin,
F arnall,
Fitzpatrick,
Ford of Cherokee,
Franks,
Green of Forsyth,
Hammond,
Harrison, of Ran¬
dolph,
in the negative, are Messrs.
Harris, Price,
Hendry, Read,
Hibbert, Reeves,
Hines, Roberts,
H udgins, Robinson, of J asper,
Hunter, Rodgers,
John son of Appling, Sanford,
Jones of Columbia, Sermons,
Jones of Franklin, Sheffield,
Keaton, Shropshire,
Lawson, Smith,
Liddle, Stroud, of Walton,
Lowe, Sumner,
McMath, Tanner,
McMillen of J acksonTarver,
Mitchell,
Moon,
Mulkey,
Neal,
Nixon,
Palmer,
Pettee,
Pitts,
Thompson,
Towles,
Turner,
Waldhour,
Welborne,
White, of Pike,
W illiams, of B ulloch,
Wilson.
The House took up the following resolution, offered by
Mr. Osborne.
Resolved, That all bills and resolutions agreed to in the
House, shall be forthwith sent to the Senate.
To which, Mr. Hardage offered the following amendment:
41 Except the bill in relation to Franklin College."
Upon receiving the amendment, the yeas and nays were
ordered to be recorded, and are yeas 81, nays 78.
Those who voted in the affirmative, are Messrs.
Anderson, of Chat-Darden of Troup, Green of Pike,
ham, Darden, of Warren, Hall,
Anderson, of Frank-Dark, Hammond,
lin, Davis, Hardage,
Beavers, Dawson, Harrison of Putnam,
Bell, Dixon, of Walker, Harrison of Ran-
Bentley, Dufour, dolph,
Brown, of Fayette, Erwin, Harris,
Carlton, Farnall, Hatcher,
Cannon, Fitzpatrick, Hendry,
Carroll, Ford, of Cherokee, Hibbert,
Chandler, Franks, Howard,
Collier, Gathright, Hudgins,
Cutright, Green of Forsyth, Hunter,
431
Johnson of Heard, Morris, of Murray, Sanford,
Jones of Columbia,Murphey of DeKalbShaw,
Jones, of Franklin, Neal,
Keaton,
Lawson,
Lee,
Lynch,
Mays of Cobb,
May of Warren,
McDuffie,
McMath,
McMillen of Jack¬
son,
Mitchell,
Moon,
Smith,
Nixon, Stroud of Walton,
Palmer, Sumner,
Pettee, Tanner,
Price, Tarver,
Pryor, Thompson,
Read, Towles,
Reynolds, Turner,
Roberts, Welborne,
Robinson of Jasper, White of Pike,
Rodgers, Williams of Bulloch,
Sanders, Wilson.
Those who voted in the negative, are Messrs
Alexander,
Anderson of War¬
ren,
Ashley,
Atkinson,
Bigham,
Black,
Boynton,
Brown, of Bibb,
Flournoy, of Wash- Osborne,
mgton, Parks,
Foster, Preston,
Greene of Macon, Rea,
Hardeman, Rhodes,
Hardy, Richardson,
Hotchkiss, Sapp,
Hubbard, Shropshire,
Hudson, Stephens,
Brown of Houston, Johnson of Troup, Stuart of Ware,
Bryan of Houston, Jones, of Harris, Stiles,
Chappell, Jones of Monroe,
Chester, Long,
Chipley, Lowe,
Cooke, Mann of Morgan,
Craft, Mann of Tattnall,
Stone,
Stroud of Clark,
Thomas,
Toombs,
Trayler,
Crawford, of Ogle- Martin of Gwinnett, Waldhour,
thorpe, ' Maxwell,
Crawford of Rich'mMcCall,
Crawford, of SumterMcCrimmon,
Credille, McMillian of
Daniel of Greene, Thomas,
Davenport, Meadows,
Delauney, Millen,
Dickson of Talbot, Moore,
Emanuel, Morris, of Cobb,
Flournoy, of Mus- Nash,
O'Npal
cogee, w rNedj.,
The amendment was received; the resolution as amended,
was agreed to.
Mr. Flournoy, of Washington, offered the following reso¬
lution i which was read, and agreed to.
Wales,
Walker,
Warren,
West,
Whigham ofMacon,
White of Jasper,
Whitfield,
Whitworth,
Williams of Harris,
Wooten.
432
Resolved, That the Glerk record on the Journal, the name
of the person who shall move for the ayes and nays.
Mr. Crawford, of Richmond, offered the following resolu¬
tion ; which was read, and agreed to.
Resolved, That one thousand copies of the reports of the
majority and minority of the committee on the message of
his Excellency the Governor, relative to granting relief to
the people through the means of borrowing money on the
credit of the State, be printed for the use of the House;
and also, the message of the Governor onthis .subject.
Mr. Stone, from the Committee on Enrolment, reported as
duly enrolled
An act to repeal an act, entitled an act, to establish elec¬
tion districts in the several counties therein named, so far as
relates to the county of Harris.
An act to establish certain election precincts, and to
change others therein named.
An act to amend an act, to be entitled an act, to grant to
Thomas Spalding and his associates, the right of construct¬
ing a Rail Road of wood, or digging a canal from the Oc-
mulgee to the Flint River, with certain privileges.
An act to form additional precincts in the county of Hous¬
ton.
An act to repeal so much of an act, passed 23d December,
1839, as relates to the names of certain persop^, and to alter
the names of the same, and to legitimatizeAnem, and others
therein named, and make them legal and lawful heirs of
their reputed father.
An act to repeal an act, entitled an act, to consolidate the
offices of tax collectors and receiver of tax returns, so far as
relates to the counties of Baldwin, Chattooga, Franklin,
Gwinnett, Heard, Upson, Wilkes, Mcintosh, Thomas, Jef¬
ferson, Cobb, Hancock, Dooly, and Marion, passed on the
9th day of December, 1839, so far as relates to the county
of Upson.
An act to amend the 2nd section of an act, entitled an act,
for the better protection of orphans and their estates, passed
on the 18th day of February, 1799, approved 22nd Decem¬
ber, 1828.
An act to change the place of holding elections, from Hen¬
derson's, to the White Sulphur Springs, both in the third
district of Meriwether county.
An act to explain an act, entitled an act, to amend an act,
to compensate the superintendents of precinct elections of
Troup, Harris and Richmond counties, assented to, Decem¬
ber, 23, 1839, so far as it relates to the county of Troup.
An act to authorise the Sheriff of Meriwether county to
sell the State's interest in lot of land No. 23, in the eleventh
district, formerly Troup, now Meriwether county; and the
433
Sheriffs of the several counties in this State to sell all land
in their respective counties, in which the State may have an
interest derived from fraudulent draws.
The following bills of the Senate were severally taken up
and read the second time, and committed.
A bill amendatory of an act, entitled an act to appoint
commissioners for the Washington County Academy, and
to make the same a body corporate, assented to 30th No¬
vember, 1819.
A bill to incorporate the Female Academy in Fayetteville,
Fayette county, and to appoint trustees for the same; and
to repeal an act to incorporate Fayette County Academy,
passed 24th December, 1836; and for other purposes there¬
in named.
A bill to incorporate the Cross Plains and Red Clay
Branch Rail Road Company of Georgia.
A bill to incorporate the Shearer Springs in Henry county,
and to constitute the resident board of trustees of the Mer¬
cer University, commissioners of the town of Penfield, in
Green county.
A bill for the relief of James H. Martin and William
Conyers, securities of Herbert Rainey,
A bill to extend the corporate limits of the town of Tal-
botton.
A bill to repeal so much of an act for compensating the
grand and petit jurors of Telfair county, as relates to the
grand jury thereof.
A bill to amend an act to alter and fix the time of holding
the Superior Courts in the Eastern district.
A bill to require the Sheriff and Coroner of the county of
Muscogee, to hold their sales at the Market House, and to
prescribe the amount in which they shall give bond for the
performance of their duty.
A bill for the relief of Sarah Mansfield, of Decatur
county,
A bill in relation to witnesses and jurors.
A bill for the relief of Mrs. Sarah H. Alfriend.
A bill to incorporate the Methodist Episcopal Church in
Chattooga county, to be called Broom-Town Valley Church,
and to appoint trustees for the same.
A bill to amend an act, entitled an act, to incorporate the
Augusta and Waynesborough Rail Road, assented to, De¬
cember 31st, 1838.
A bill to extend the time for fortunate drawers in all the
land lotteries, and in the gold lottery, to take out their grants,
except the counties therein excepted.
A bill to repeal an act, entitled an act, to alter and amend
an act, the more effectually to secure the solvency of all
28
43"4
banking institutions in this State, as passed on the 24th day
of December, 1832, passed December 21st, 1833.
A bill to revise, amend, and consolidate the rules for the
government and police of the Penitentiary of the State of
Georgia.
A bill to change the county line from certain points, be¬
tween the counties of Marion and Muscogee, so as to make
the line straight.
A bill to alter and fix the times of holding the Superior
Courts of the counties of Marion, Harris, and Stewart, of
the Chattahoochee Circuit in this State, and to regulate the
mode of drawing the two pannels and summoning grand and
petit jurors, in and for the counties of Stewart and Talbot
in said circuit.
A bill to authorise his Excellency the Governor to draw
his warrant in favor of the tax collector of such counties, as
have paid over their taxes into the State Treasury, under
the act of 1839.
A bill to incorporate a volunteer corps of Riflemen in the
city of Augusta, &c.
A bill to consolidate the offices of tax collector and re¬
ceiver of tax returns of the county of Effingham, and to
authorise the justices of the Inferior Court of the counties of
Richmond and Lee, to levy an extra tax, &c.
A bill to remove the election precinct from the House of
John Lovejoy, to the house of Alonzo P. Morris in the
twelfth district of Henry county, and to establish a precinct
at Pittsburg in the sixth district of said county, and to estab¬
lish an election precinct at the forty-sixth district, in Bulloch
county.
A bill to incorporate the First Presbyterian Church at
Savannah.
A bill requiring the Sheriffs and Clerks of the several
counties of the Cherokee Circuit, to insert their advertise¬
ments in some public gazette within the said circuit.
A bill to require the commissioners of the Western and
Atlantic Rail Road, so to arrange, as that, at least, one of
them shall be always on the road personally supervising the
engineers and contractors.
A bill to authorise Shuball Tenney to open and keep open
the North Oconee River, from Athens to King's Bridge, and
to vest in him, his heirs, and assigns, the said right, for the
term of ten years, and to fix the maximum rates of trans¬
porting lumber, wood, and produce thereon.
The House then adjourned to seven o'clock, this evening'
Seven o'clock, P. M.
The House met pursuant to adjournment.
The bill of Senate to regulate the issue of post notes by the
banks ol this State, and to repeal all acts prohibiting the
issue of sucb notes, was taken up, and read the first time.
On motion, the Clerk was directed to inform the Senate,
that the House of Representatives are now ready to receive
them in their chamber, to proceed to the elections set apart
for this day; which duty being performed, the President
and members of the Senate having attended, both branches
>of- the General Assembly proceeded to the election of three
commissioners of the Western and Atlantic Rail Road ; and
on receiving and examining the ballots, it appeared that
Joel Crawford, David Irwin, and James Liddell, Esquires,
were duly elected.
They then proceeded to the election ©f two commissioners
under the act to authorise the business of banking, and to
regulate the same; and the ballots being received and ex¬
amined, it appeared that Benjamin T. Bethune and William
Y. Hansel], Esquires, were duly elected.
They then proceeded to the election of two directors of
the Bank of the State of Georgia; and the ballots being re¬
ceived and examined, it appeared that Simmons Crawford
and Gazaway B. Lamar, Esquires, were duly elected.
They then proceeded to the election of a Brigadier Gen¬
eral for the 1st brigade, 4th division, G. M.; and the ballots
being received and examined, it appeared that James JM".
Wingfield, Esquire, was duly elected.
The President and members of the Senate then withdrew.
And the House adjourned until to-morrow morning, nine
o'clock.
SATURDAY, December 19, 1840.
•On motion of Mr. Hardage,
The House agreed to reconsider so much of the Journal
of yesterday as relates to the passage of the bill of Senate,
to repeal the second section of an act passed in December,
1830i, making an appropriation for the benefit of the Univer¬
sity of Georgia.
On motion of Mr. Daniel, of Thomas,
The House agreed to reconsider so much of the Journal
<of yesterday as relates to the indefinite postponement of the
136
1)01 to regulate the times of holding the Superior Courts ins
the Southern circuit.
On motion of Mr. Stroud, of Walton,
The House agreed to reconsider so much of the Journal
of yesterday as relates to the rejection of the bill to author¬
ize the Justices of the Inferior Court of Scriven county, or a
majority of them, to remove the county site of Scriven coun¬
ty, from Jacksonborough to some other more convenient
central and eligible situation and for other purposes*
Leave of absence was granted to Mr. Sheffield, after to¬
day, on account of indisposition; to Mr. Foster, on account
of indisposition, and to Mr. Mann, of Morgan, to attend
him home*
The following message was received from the Senate, by
Mr. Bailey, their Secretary :
Mr. Speaker:—The Senate has passed the following bills
of the House of Representatives :
A bill to repeal so much of an act passed 25th December,
1837, as relates to the consolidation of the offices of tax col¬
lector and receiver of tax returns of the county of Floyd.
A bill to change the place of holding elections, in the
county of Talbot, from the houses of R. H. Hall and Theo-
dorick Mumford, to the house of Robert Carson, in said coun¬
ty, and to establish an additional election precinct in the
county of Hall.
Also—has concurred with the House of Representatives,
in the amendment of the House to the resolution, of the Se¬
nate, authorizing the Directors of the Central Bank to pay
in. current funds, the scrip or evidence of State debt, issued
and due by the commissioners of the Western and Atlantic
Rail Road, and for other purposes.
The Senate has also concurred in the amendment of the
House of Representatives, to the bill of the Senate, to amend
an act, passed on the 23d December, 1839, to alter and
change the site of the public buildings- of the county of Doo¬
ly, to some point more central, and to make permanent the
same; and to compensate the owners of town property in
the town of Drayton, the present site of the public buildings,
and for other purposes.
Also—the bill of the House to authorize the sheriffs of
Troup county to advertise their sales in some one of the
public gazettes in Columbus, Georgia.
Also—has passed the following bills of the House of Rep¬
resentatives, with amendments, to wit:
A bill to authorize his Excellency the Governor, to cause
to be paid to the proper authorities, the sum of two hundred
dollars, due the county of Gwinnett, under the act of 1837,
repealed 1838*
437
■A bill to change the name of Lemuel Ames to that ofLem-
nel Smith.
Also—has agreed to a resolution authorizing his Excellen¬
cy the Governor, to allow John R. Cotting the use of the
Geological Department of the State, for certain purposes
therein specified.
To which the concurrence of this branch ©f the General
Assembly is desired.
The resolutions offered by Mr. O'Neal, authorising the
commissioners ©f the Western and Atlantic Rail Road, in
case of controversies concerning the quantity of work done
on said road, to call upon engineers other than those in the
service of the State, to measure and estimate the work done;
were taken up, read and disagreed to.
The following message was received from the Senate, by
Mr. Bailey, their Secretary:
Mr. Speaker: The Senate-has passed the bill of the House
of Representatives to define the liability of the several Rail
Road companies in this State, for the loss :of stock killed or
wounded by the running of cars or locomotives on their roads
respectively, and to regulate the proceedings in such cases,
with amendments-—to which the concurrence of this branch
of the General Assembly is desired.
I am also directed to inform the House of Representatives
that Charles J. Williams is appointed Secretary to the Se¬
nate, pro tern.
The House took up the reports of the majority and minor¬
ity of the Committee on the State of the Republic, relative
to the difficulties between this State and the State of Maine,
and the bill offered as a substitute therefor by Mr. Stephens;
and on motion, the reports were laid on the table for the
present, and the bill ordered to be taken up as a. separate
and distinct matter, as the report of the Committee of the
Whole.
The report was agreed to ; the bill read the third time,
and on motion of Mr. Crawford, of Richmond, to refer the
same to a select committee of three—
On motion of Mr. Harrison, of Randolph, the yeas and
nays were ordered to be recorded, and are yeas 182,
nays 69.
Those who voted in the affirmative are Messrs.
Alexander, Brown of Bibb, Craft,
Anderson of WarrenBrown of Houston, Crawford, of Ogle-
Atkinson, Bryan of Houston, ^ thorpe,
Biofiam, Chapman, Crawford, of Rich-
jrwir ' Chester, mond,
Boothe, Chipley, Crawford, of Sumter
Bqynto'n, Covenah, Cutnght,
43$
Daniel, of Thomas, Mann of Morgan,
Rhodes,
Darden of Warren, Mann of Tattnall,
Richardson,
Dark,
Martin of Morgan,
Robertson, of Co-
Davis,
Maxwell,
• l'umbia,
Delauney,
May of Warren r
Robinson of Laurens-
Dickson of Talbot, McCall,.
Sapp,
Emanuel,
McCrimmon,
Sermons,
Fitzpatrick,
McDuffie,
Shaw,
Flournoy,, of Mus- McGahagan,
Stephens,
co gee,
McMath,
Stewart of Mcintosh
Franks,
McMilMan, of
Stuart of Ware,
Greene of Macon,
Thomas,
Stroud of Clark,
Hall,
Meadows,
Tanner,
Hammond,
Millen,
Tarver,
Hampton,
Moore,
Thompson,
Hendry,
Morris of Cobb,
Toombs,
Hines,
Mulkey,
Towles,
Hitchcock,,
Murphey,, of Wil¬
Trayler,
Hubbard,
kinson,
Waldhouri,
Hudson,
Nash,
Wales,
Walker,
Jones of Columbia, O'Neal,
Jones of Monroe,
Osborne,,
Warren,
Keaton,
Parks,
Whigham of Macon,
King,,
Pitman,
White of Jasper,
Lee,
Preston^.
Whitworth,
Lefils,
Price,
Williams of Bulloch
Liddle,
Pryor,
Williams of Harris,
Lowe,
Reeves,
Williams of Talbot,
Lynch,
Reynolds,
Wilson.
Those who voted in. the negative, are Messrs.
Anderson of Chat'fen Erwin,
Anderson,, of Frank-Esp}*-,
lin,
Barclay,
Beavers',
Bell,
Bentley,
Brown of Fayette,
Bryan of Wayne,
Carlton,
Jones of Franklin,
Lawson,
F am all, Long-,
Flournoy of Wash1 Loyall,
ington,
Ford of Cherokee,
Gathright,
Green of Forsyth,
Cannon,
Carroll,
Chandler,,.
Chappell,
Collier,
Credille,
Davenport,
Dawson,
Dufour,,
Hardage,.
Hardeman,
Hard man,
Harrison of Rand 'phNeaf,
Harris, Nixon,
Hatcher, Palmer,
Hibbert,, Pettee,
Howard, Pitts,
Hudgins, Rea,
Johnson of Heard, Read,
Johnson of Troup, Rodgers,
Martin of Gwinnett,
Mays of Cobb,
M'cMillen ©f Jackson
Mitchell*
Moon,
Morris of Murray,.
Murpheyof DeKalk
439
Sanders, Stone, Welborne,
Sanford, Stroud, of Walton, White of Pike,
Shropshire, Sumner, Wingfield,
Smith, Thomas, Wooteru
Stiles, Turner,
So the motion to refer prevailed.
Whereupon, the Speaker appointed Messrs. Crawford, of
Richmond, Stephens and Millen.
On motion, Messrs. Murphey, of DeKalb, Chappell, and
Toombs, were added to the committee.
The House then adjourned until 3 o'clock, P. M.
Three o'clock, P. M.
The House met pursuant to adjournment.
Mr. Crawford, of Richmond, from the select committee to
whom was referred the bill, to protect the slave property of
the people of the State of Georgia, from the aggressions of
the people of the State of Maine ; and to seize the persons
of the citizens and inhabitants of the State of Maine, coming
into this State, in certain cases; reported as a substitute
therefor:
A bill to protect the slave population of the people of the
State of Georgia, by compelling vessels owned or command¬
ed by citizens of, or coming from the ports of the State of
Maine, and the officers, seamen and passengers thereof, to
perform quarantine; and provide for a search thereof on
their departure.
Mr. Hardeman moved to postpone the bill and substitute,
indefinitely.
When, on motion of Mr. Gathright, the yeas and nays
were required to be recorded, and are yeas 78, nays 92.
Those who voted in the affirmative, are Messrs.
Alexander, Covenah, Flournoy of Muscog.
Anderson of WarrenCrawford of Ogle- Flournoy, of Wash-
Atkinson, tborpe, _ ington,
Bethea, Crawford, of Rich- Green of Macon,
Black, mond, Hammond,
Bonfhe. Crawford of Sumter,Hampton,
Boynton, Cutright, Hardyf
Brown, of Bibb, D arden of Warren, Hendry,
Brown, of Houston,Davenport, Hines,
Bryan, of Houston, Delauney, Hitchcock,
Bryan of Wayne, Dickson of Talbot, Hotchkiss,
Chester, Dufour, Hubbard,
Chipley; Emanuel, Hudson,
440
Johnson of ApplingrMcMath, Taylor,
Jones of Columbia, Meadows, Thomas,
Jones of Harris, Millen, Thompson,
Keaton, Moore, Toombs,
Lee, Moultrie, Trayler,
Lefils, Mulkey, Turner,
Liddle, Osborne, W aldhour,
Long, Preston, Walker,
Lowe, Rhodes, Warren,
Lynch, Richardson, West,
Mann of Tattnall, Robinson ofLaurensWhite of Jasper,
Martin of Morgan, Sermons, Whitfield,
Maxwell,
May of Warren,
McCall,
McCrimmon,
McDuffie,
McGahagan,
Shaw, Whitworth,
Stephens, Williams of Bulloch,
Stewart ofMcIntosh, Williams of Harris,
Stone, Williams of Talbot,
Stroud, of Clark, Wingfield, .
Tarver, Wooten.
Those who voted in the negative, are Messrs.
Anderson, of Chat- Hall, Neal',
ham, Hardage, Nash,
Anderson, of Frank-Hardeman, Nixon,,
lin,
Barclay,
Beavers,
Bell,
Bigham,
Brown of Fayette,
Carlton,
Cannon,
Carrol,
Chandler,
Chappell,-
Collier,
Cooke,
Credille,
Darden, of Troup,
Dark,
Davis,
Dawson,
Dixon, of Walker,
Erwin,
Espy,
F arnall,
Ford of Cherokee,
Franks,
Gathright,
Hardman, O'Neal,
Harrison of PutnamPalmer,
Harrison of Ran- Parks,
dolph, Pettee,
Harris, Pitman,
Hibbert, Pitts,
Howard, Price,
Hudgins, Pryor,
Hunter, Rea,
Johnson of Heard, Read,
Johnson, of Troup Roberts,
Jones of Franklin, Robinson of Jasper?
Lawson, Rodgers,
Loyall, Sanford,
Mays, of Cobb, Shropshire,
McMillen ofJacksonSmith,
McMillian, of
Thomas,
Mitchell,
Moon,
Morris of Cobb,
Morris, of Murray,
Murphey of DeKalbWelborne,
Murphey of Wil- White of Pike
kinson, Wilson.
Stuart of Ware,
Stiles,
Stroud, of W alton,
Sumner,
Tanner,
Wales,
So the motion to postpone indefinitely was losU
441
- The substitute was then adopted in lieu of the original
bill; and on the question, "shall this bill now pass?—
On motion of Mr. Gathright, the yeas and nays were or¬
dered to be recorded, and are yeas 89, nays 79.
Those who voted in the affirmative, are Messrs.
Anderson of Chat- Gathright, Neal,
ham, Green of Forsyth, Nash,
Anderson of Frank- Hall, Nixon,
lin,
Barclay,
Beavers,
Bell,
Bentley,
Bigham,
Brown of Fayette,
Carlton,
Cannon,
Carroll,
Chandler,
Chappell,
Covenah,
Cooke,
Craft,
Harden of Troup,
Hark,
Havis,
Hawson,
Hixon, of Walker,
Erwin,
Espy,
F arnall,
Franks,
Hardage,
Hardeman,
Hardman,
O'Neal,
Palmer,
Parks,
Harrison, of PutnamPettee,
Harris,
Hibbert,
Howrard,
Hudgins,
Hunter,
Johnson of Heard,
Johnson of Troup,
Jones of Franklin,
Jones, of Monroe,
Lawson,
Pitman,
Pitts,
Pryor,
Rea,
Read,
Roberts,
Robinson of Jasper,
Rodgers,
Sanlord,
Shropshire,
Smith,
Stuart of Ware,
Loyall,
Mays of Cobb,
McMillen of JacksonStiles,
Mitcjiell, Stroud, of Clark,
Moon, Stroud of Walton,
Morris, of Cobb, Sumner,
Morris of Murray, Tanner,
Murphey of HeKalbWelborne,
Murphey, of Wil- White of Pike,
kinson, Wilson.
Those who voted in the negative, are Messrs.
Alexander, Crawford of Sumter,Hampton,
Anderson ofWarrenCredille, Hardy,
Atkinson,
Bethea,
Black,
Boothe,
Boynton,
Brown, of Bibb,
Brown of Houston,
Bryan, of Wayne,
Chester,
Chipley,
Crawford, of Ogle¬
thorpe,
Crawford of Rich¬
mond,
Cutright, Harrison of Randp'h
Harden of Warren, Hendry,
Havenport, Hines,
Belauney, Hitchcock,
Dickson, of Talbot, Hotchkiss,
Dufour, Hubbard,
Emanuel, Hudson,
Flournoy of Musco- Johnson of Appling,
gee, Jones of Columbia,
Flournoy of Wash- Jones, of Harris,
ington, Jordan,
Forrl of Cherokee, Keaton,
Greene, of Macon, King,
Hammond, Lee,
442
Lefils, Moore, Thompson,
Lidclle, Moultrie, Toombs,
Long, Mulkey, Trayler,
Lowe, Osborne, T urner,
Lynch, Preston, Wahlhour,
MannofTattna.ll, Price, Walker,
Martin, of Morgan, Rhodes, Warren,
Martin of Gwinnett, Richardson, West,
Maxwell, Robinson of Laurens White of Jasper,
McCrimmon, Sermons, Whitfield,
McDuffie, Shaw, Whitworth,
McGahagan, Stephens, Williams of Bulloch
McMath, Stewart of Mcintosh, Williams of Harris,
McMillianofTho's. Stone, Williams of Talbot,
Meadows, Tarver, Wingfield,
Millen, Thomas, Wooten.
Leave of absence was granted to Mr. Carswell, for the
remainder of the session, on account of indisposition; and
to Mr. Rhodes, on account of the indisposition of his family.
Mr. Whigham of Marion, was excused for former absence,
and leave of further absence granted, on account of indis¬
position. i
On motion, it was
Voted, That when the House adjourn, it adjourn to nine
o'clock, Monday morning.
Mr. Hardage offered the following resolution :
Resolved, That a committee of five, be appointed to audit
the accounts of the members and officers of this House.
It was moved that the House adjourn.
When, on motion of Mr. Rogers, the yeas and nays were
ordered to be recorded, and are yeas 80, nays 53.
Those who voted in the affirmative, are Messrs.
Alexander, ' Dawson, Hines,
Anderson of WarrenD elauney, Hitchcock,
Atkinson, Dickson, of Talbot, Hotchkiss,
Boothe, - Dixon of Walker, Hudgins,
Boynton, Dodson, Jones of Columbia,
Brown of Houston, Emanuel, Keaton,
Chester, Farnall, King,
Chipley, Flournoy of Musco- Loyall,
Covenah, gee, Mann of Tattnall,
Crawford of Ogle- Flournoy, of Wash- Mays, of Cobb,
thorpe, ington, May, of Warren,
Crawford of SumterFranks, McCrimmon,
Credille, Greene of Macon, McDuffie,
Daniel, of Thomas, Hardeman, McGahagan,
Darden of Warren, Hardman, McMath,
Davenport, Harrison of Putnam Moon,
Davis, Hibbert, Moore,
443
Mulkey, Rhodes, Taylor,
Murphey of Wilkin- Richardson, Thomas,
son> Roberts, Toombs,
Nash, Robinson ofLaurensT'rayler,
O'Neal, Shaw, Waldhour,
Osborne, Smith, Wales,
Parks, Stephens, West,
Pitman, Stuart of Ware, White of Jasper.
Preston, Stone, Williams of Harris,
Price, Stroud of Walton, Williams of Talbot,
Pryor, Tarver, Wilson.
Those who voted in the negative, are Messrs.
Anderson of Frank- Hall, Mitchell,
lin, Hampton, Morris, of Cobb,
Barclay, Hardage, Morris, of Murray,
Beavers, ^ Hardy, Murphey of DeKalb
.Brown of Fayette^ Harrison, of Ran- Nixon,
Bryan of Wayne, dolph, Palmer,
Carlton, Harris, Pettee,
Cannon, Hendry, Pitts,
Carroll, Howard, Rodgers,
Chandler, Hunter, Sanford,
Collier, Johnson of Appling, Shropshire,
Cooke, Johnson of Troup, Stroud, of Clark*
Cutright, Jones of Franklin, Sumner,
Dark, Lawson, Tanner,
Dufour, Lee, Thompson,
Erwin, Martin, of G winnett, Turner,
Ford of Cherokee, McMillen of Jackson Walker,
Gath right, McMillian of Warren.
Green of Forsyth, Thomas,
So the House was adjourned until nine o'clock Monday
morning.
MONDAY, December 21, 1S40.
The House took up the unfinished business of Saturday
last, to wit—the resolution offered by Mr. Hardage to ap¬
point an auditing committee, which was agreed to.
Whereupon Messrs. Hardage, Warren, Johnson of Troup,
Neal and Whitfield were appointed that committee.
Leave of absence was granted for the balance of the ses¬
sion, to Mr. White of Pike, on account of indisposition.
444
Mr. Stone from the committee on Enrolment reported as
duly enrolled—
An act to repeal an act entitled an act to organize the Ad¬
jutant General's office, and for other purposes.
An act to alter and amend the 9th section of the Judiciary
act of 1799, and the first section of an act relative to exe¬
cutions, passed December 14, 1811.
An act to authorise Seaborn N. Jones, Leonard C. Simp¬
son and others, to plead and practice law in the several
courts of law and equity in this State, and to prescribe their
liabilities touching the same.
An act to establish election districts, and to alter some al¬
ready established, in the several counties thereinafter named,
and to regulate the same.
An act to change the places of holding election precincts
in the several counties therein named.
An act to amend an act passed on the 23d of December,
1839, to alter and change the site of the public buildings of
the county of Dooly to some point more central, and to make
permanent the same, and to compensate the owners of pro¬
perty in the town of Drayton, the present site of the public
buildings, and for other purposes.
An act to repeal so much of an act passed 25th Decem¬
ber, 1837, as relates to the consolidation of the offices of tax
collector and receiver of tax returns of the county of Floyd.
An- act to authorise the Sheriffs of Troup county to adver¬
tise their sales in some one of the public gazettes in Colum¬
bus, Georgia, and for other purposes.
An act to change the place of holding elections in the
county of Talbot, from the houses of R. A. Hall and Theod-
erick Mumford, to the house of Robert Carson in said county,
and to establish an election precinct in the county of Hall.
An act to authorise the return of Sheriffs, Constables, Cor¬
oners, and Justices of the Peace to be traversed, and to
point out the manner in which the same shall be made.
The following message was received from the Senate, by
Mr. Bailey, their Secretary, viz:
Mr. Speaker: The Senate has passed the following bills
of the House of Representatives, to wit:
A bill to alter and change the name of James Riley Bry¬
ant, of Pulaski county, to that of James Riley Dykes, and
to legitimatize the same.
A bill to authorise the Inferior court of Jasper county to
levy an extra tax on the citizens of said county, to enable
said court to pay for the erection of a Court House in said
county.
A bill declaratory of the force and validity of all execu¬
tions or judgments issued or entered up in behalf of copart¬
ners, or against copartners where the partnership style is used
445
or set forth, and the christian and sirname of the parties are
omitted ; and also, to declare the force of bonds made to part¬
nerships using the common name or style.
A bill to add an additional section to the 8th Division of
the Penal Code of the State of Georgia, and to provide for
the punishment of free white persons for receiving stolen
goods from negroes and free persons of color.
A bill to amend an act entitled an act to incorporate the
Habersham Iron Works and Manufacturing Company.
A bill to incorporate Bainbridge Female Academy in the
county of Decatur.
A bill to repeal a' part of an act entitled an act to compen¬
sate the Grand and Petit Jurors of the Superior and Infe¬
rior courts of the several counties therein named, and to pro¬
vide for the payment of the same, assented to 23d Decem¬
ber, 1837.
A bill abolishing the election precincts in the county of
Jasper.
A bill to amend an act entitled an act to prevent persons
from obstructing the free passage of fish up the Altamahaw
river, by the use of Gill Nets or Seines over fifty feet in
length.
A bill to 'repeal an act entitled, an act to alter an act for
the better selecting Grand and Petit Jurors for the several
counties in this State, passed on the 7th day of December,
one thousand eight hundred and five, so far as respects the
counties of Floyd, Walker, Gilmer, Union, Lumpkin, For¬
syth, Cass, Cherokee, Paulding and Cobb, assented to 22d
December, 1835.
A bill to authorise the Justices of the Inferior Court of
Oglethorpe county to levy an extra tax for the purpose of
'building a new Jail in said county.
A bill to make William H. Ellison the adopted son of
Ja,mes Ellison of Bibb county, and to make him capable of
inheriting as heir at law, to the said James Ellison.
A bill to incorporate Beach Spring Academy in the county
of Harris, and to appoint Trustees for the same.
A bill to repeal an act to alter and fix the time of holding
the Inferior courts in the county of Twiggs.
A bill to extend the corporate limits of the town of Bain¬
bridge in the county of Decatur.
A bill to incorporate the village of Houston, in Heard coun¬
ty, and to make permanent the election precincts at said
place.
A bill to authorise Thomas R. Huson and company to erect
a Bridge across the river Etowah in the county of Cass, and
to charge and collect toll at the same.
A bill to amend an act entitled an act to give to Masons
and Carpenters an incumbrance for debts due on account of
work done and materials furnished in building or repairing
446
houses, on such houses and the premises to which they may
he attached and to repeal all laws on the subject, so far as
relates to the counties of Richmond and Mcintosh, and in the
cities of Savannah, Macon and Columbus, passed 22d De¬
cember, 1834, so as to give to painters in the city of Colum¬
bus the like security for debts due an account of painting
done on houses in said city.
A bill to regulate the trial jaf divorce cases.
A bill to make it the duty of the Judge of the Superior
courts of the Coweta circuit to continue the court in Troup
county two weeks.
A bill to authorise and empower the Justices of the Infe¬
rior Court of Habersham to levy an extra tax for county pur¬
poses.
A bill to incorporate Post Oak Level Academy and to ap¬
point Trustees for the same, and also for Amsderi Academy
in Columbia county.
A bill to alter and change the name of certain persons
therein named, and to legitimatize the same.
A bill to attach the Volunteer company of Macon county,
called the Flint River Blues, to the 2d Brigade of the 8th Di¬
vision, Georgia Militia.
A bill to repeal so much of an act entitled an.act to autho¬
rise the Justices of the Inferior courts of the several counties
in this State to create and lay out any new districts or change
and alter the lines of those already laid out, assented to 23d
December, 1839, so far as relates to the county of Cherokee.
A bill to amend an act incorporating the city of Darien,
assented to 3rd of December, 1821, and also, all acts rela¬
tive thereto.
A bill for the relief of securities.
A bill to appoint additional Trustees for Habersham coun¬
ty Academy.
A bill to compensate Grand and Petit Jurors of Dooly
county.
A bill to repeal the proviso of the 2d section of an act to
consolidate the office of Tax Collector and Tax Receiver in
in the several counties therein named, assented to December,
25, 1837, so far as the same relates to the county of Lumpkin.
A bill amendatory to an act approved 8th December,
1810, relative to the several tax laws of this State.
A bill to authorise the Clerk of the Inferior court of the
county of Clark, to advertise estrays in one of the Gazettes
published in Athens.
A bill to amend an act entitled an act to incorporate Mossy
Creek Methodist Camp Meeting Ground, in the county of
Habersham, passed 24th December, 1822, and to appoint
Trustees for said Camp Meeting Ground.
Also, has passed the following bills of the House of Rep¬
resentatives, with several amendments thereto, to wit:
447
A bill to add the residence of Eli Jones, now in the coun¬
ty of Clark, to the county of Walton, and to add the resi¬
dence of John S. Means of Walton to the county of Newton-
A bill to incorporate the Sandy Spring Academy in the
county of Murray, and to appoint Trustees for the same.
A bill to authorise Joseph Wilson of Cass county, to estab¬
lish a toll Bridge across the Oostanaula river on his own land)
and to fix the rates of toll on the same.
A bill to establish an additional Election Precinct in the
county of Murray.
Also, a bill for the relief of Executors, Administrators and
Guardians, in certain cases, and to prescribe and define ad¬
ditional duties and liabilities of the Clerks of the Court of
Ordinary in this State.
Also, has agreed to a resolution relative to the portraits of
Washington and Jefferson, hanging in the Senate Chamber.
Also, a resolution relative to* the removal of the county
site of the county of Wayne.
Also, to the report and resolutions of the Joint Standing
Committee on Finance, appropriating five hundred and fifty-
eight dollars to pay the Inspectors of the Penitentiary for
work, labor, and materials furnished for the Government
House.-
Also, to the report and resolutions of the select committee
to whom was referred the communication of his Excellency
the Governor, in relation to the record of Grants in the Office
of the Secretary of State, from the year 1783 to 1792.
To which the concurrence of the House of Representa¬
tives is desired.
The House took up the amendments of the Senate to the
bills of the House, and concurred therein, to wit:
To authorise the Governor to cause to be paid over to the
proper authorities of the several counties of this State, all
money due the Academic and Poor School fund of said coun¬
ties under the acts of 1837, 1838, or any previous acts.
To establish and fix the fees of Sheriffs, Constables and
other officers in certain cases.
To change the name of Lemuel Ames to that of Lemuel
Smith, and certain other persons therein named.
To define the liability of the several Rail Road companies
in this State, for the loss of stock killed or wounded by the
running of Cars or Locomotives on their roads respectively,
and to regulate the proceedings in such cases.
The House took up the report on the bill of Senate to regu¬
late elections in the county of Sumter, and to repeal all kiv^s
authorising or creating election precincts in said county, and
to repeal an actto establish an additional precinct in the county
of Twiggs at Higgsville, the place of holding Justice's courts
448
in and for the 354th company district, Georgia Militia, in said
county, assented to 28th December, 1838.
The 2d section being read, as follows :
" And be it farther enacted, That the act to establish an ad¬
ditional election precinct in the county of Twiggs, at Higgs-
ville, the place of holding Justice's court in and for the 354th
company district, Georgia Militia, in said county, assented to
28th December, 1838, be and the same is hereby repealed."
Mr. Toombs moved to amend the report by striking out
said section—and on motion of Mr. Hardage, the yeas and
nays were required to be recorded, and are yeas 93, nays
74.
Those who voted in the affirmative, are Messrs.
Anderson of WarrenFranks,
Ashley,- Greene of Macon,
Bell, Hardeman,
Bentley, Hardman,
Bigham, Harrison of Putnam
Black, Hitchcock,
Boynton, Hubbard,
Brown of Houston, Johnson of Heard,
Bryan of Houston, Johnson of Troup,
Burt, Jones of Columbia,
Chappell, Jones of Harris,
Chester, Jones of Monroe,
Chipley, Jordan,
Covenah, King,
Cooke, Lowe,
Craft, Loyall,
Crawford, of Ogle- Lynch,
thorpe, Mann, of Tattnall,
Crawford of Sumter Martin, of Morgan,
Credille, Martin of G winnett,
Cutright, May of Warren,
Daniel of Thomas, McCall,
Darden of Troup, McCrimmon,
Darden of Warren, McGahagan,
Davenport, McMath,
Davis, McMillian of
Delauney, Thomas,
Emanuel, Meadows,
Flournoy of Mus- Moore,
cogee, Morris of Cobb,
Flournoy of Wash- Mulkey,
ington, Nash,
Ford of Lee, O'Neal,
• Those who voted in the negative are
Anderson of Chat- Anderson of Frank-
ham, lin,
Parks,
Preston,
Pryor,
Rea,
,Reeves,
Reynolds,
Richardson,
Robertson of Co¬
lumbia,
Robinson of L aurens
Sapp,
Sermons,
Shaw,
Stephens,
Stuart, of Ware,
Stroud of Clark,
Taylor,
Thomas,
Toombs,
Trayler,
Waldhour,
Wales,
Walker,
Warren,
West,
Whigham of Macon,
White, of Jasper,
Whitworth,
Williams of Harris,
Williams of Talbot,
Wingfield,
Wooten.
Messrs.
Atkinson,
Barclay,
449
Beavers,
Brown of Fayette,
Bryan of Wayne,
Carlton,
Cannon,
Carroll,
Chandler,
Collier,
Dark,
Dawson,
Ellis,
Erwin,
Espy,
F arnall,
Fitzpatrick,
Ford of Cherokee,
Gathright,
Green, of Forsyth,
Hall,
Hammond,
Hardage,
Harrison of Ran¬
dolph,
Harris,
Hatcher,
Hendry,
Hibbert,
Howard,
Hudgins,
Palmer,
Pettee,
Pitts,
Price,
Read,
Johnson of Appling,Roberts,
Jones of Franklin, Robinson, of Jasper,
Keaton,
Lawson,
Lee,
Liddle,
Mays, of Cobb,
McComb,
McDuffie,
Sanders,
Sanford,
Shropshire,
Smith,
Stewart of Mcintosh
Stiles,
Stone,
McMillenof JacksonStroud of Walton,
Millen, Sumner,
Mitchell, Tanner,
Moon, Tarver,
Morris of Murray, Thompson,
Murphey of DeKalbTowles,
Murphey of Wil- Welborne,
kinson, Whitfield,
Neal, Williams of Bulloch,
Nixon, Wilson.
So the motion to strike out was agreed to.
The report was amended and agreed to—the bill was read
the third time and passed.
The House took up the report on the bill of Senate to
authorise his Excellency the Governor to draw his warrant
in favor of the tax collectors of such counties as have paid
over their taxes into the State Treasury under the act of
1839, which was amended and agreed to—the bill read the
third time and passed.
Also, the report on the bill to alter and amend an act enti¬
tled an act to appropriate a sum of money to improve the
navigation of the Big Satilla river, passed 30th December,
1836, and to apppoint additional commissioners on said river,
which was agreed to—the bill read the third time and lost.
Mr. Stone from the committee on Enrollment, reported as
duly enrdlled—
An act to change the name of Lemuel Ames to that of
Lemuel Smith, and certain other persons therein named.
An act to authorise his Excellency the Governor to cause
to be paid over to the proper authorities of the several coun¬
ties of the State, all money due the Academic or Poor School
fund of said counties under the act of 1837, 1838, or any
previous acts. ,
An act to repeal an act to alter and fix the time of holding
4he Inferior courts of the county of Twiggs.
29
4-50
An act to be entitled an an act to attach the Volunteer
company of the county of Macon, called the Flint River
Blues, to the 2d Brigade of the Sth Division Georgia Militia.
An act to make it the duty of the Judge of the Superior
courts of the Coweta circuit to continue the court in Troup
county two weeks.
An act amendatory to an act relative to the several tax
laws of this State, which was approved on the Sth day of
December, 1S10.
. An act to appoint additional Trustees for Harbersham
county Academy.
An act to regulate the trial of divoice cases.
An act for the relief of securities.
An act to authorise the Clerk of the Inferior court of the
county of Clark, to advertise estrays in one of the Gazettes
published in Athens.
An act to compensate Grand and Petit Jurors of Dooly
county.
An act to repeal a part of an act to compensate the Grand
and Petit Jurors of the Superior and Inferior courts of the
several counties therein named, and to provide for the pay¬
ment of the same, assented to December 23, 1837.
An act to incorporate Post Oak Level Academy of Pike
county, and appoint Trustees for the same, and also, for
Amsden Academy in Columbia county.
An act to amend an act incorporating the city of Darien,
assented to December 3d, 1821, and also, all other acts re¬
lative thereto.
The House took up the report on the bill of Senate to alter
and amend an act, passed 21st December, 1839, entitled an
act to alter and amend an act entitled an act to appoint addi¬
tional commissioners on the Ohoopie and Canoochee rivers,
in the county of Tatnall, passed 27th December, 1839, &c.
so far as the said amendatory act of 1839, requires an im¬
mediate application of one half of the fund set apart for the
improvement of the Ohoopie river below Brazil's creek, to
appoint additional commissioners upon the Ohoopie river,
and for other purposes—and agreed thereto, the bill was
read the third time and passed.
Also, the report on bill of Senate, to alter and amend the
several acts in relation to attachments and bail process, and
agreed thereto—the bill was read the third time and passed.
Also, the report on the bill of Senate to regulate and ap¬
propriate the common school fund, so far as respcts the coun¬
ty of Wilkinson, and agreed thereto—the'bill was read the
third time and passed.
Also, the report on the bill of Senate to incorporate South
river Academy in the county of Butts, and to appoint Trus¬
tees for the same, and agreed thereto—the bill was read the
third time and passed. '
£51
Also, the report on bill of Senate to alter and amend the
50th section of the 10th division of an act entitled an act to
reform, amend and consolidate the Penal laws of the State
■of Georgia, approved 23d December, 1833, and agreed
thereto—the bill was read the third time and passed.
Also, the report on bill ol Senate to change the names of
certain persons named therein, and to legitimatize the same,
and agreed thereto—the bill was read the third time and
passed.
Also, the report on bill of .Senate to make deaf and dumb
persons idiots in law, so far as to authorise the appointment
of guardians in certain cases, and agreed thereto—the bill
was read the third -time and passed.
Also, the report on the bill -of Senate to alter and amend
the 8th section of the Judiciary act of this State, passed
I6th February, 1799, and to define more particularly the
fees of Clerks, and agreed thereto—the bill was read the
third time and passed.
Also, the report on the bill of Senate amendatory of aft
-act entitled an act to appoint commissioners for the Wash¬
ington county Academy, and to make the same a body cor¬
porate, assented to 30th November, 1819, and agreed thereto;
the bill was read the third time and passed.
Also, the report on the bill of Senate, to incorporate the
Baptist church in Pulaski county, known by the name of
the Mount Horeb church, and to appoint Trustees for the
same; the report was amended and agreed to—the bill was
.read the third time and passed.
Also, the report on the bill of the Senate to establish ad¬
ditional election precincts in the counties off Irwin and Camp¬
bell, and to change an election precinct in the county of Ma-
"rion, and agreed thereto—the bill was read the third time
and passed.
Also, the report on the bill to extend the corporate limits
of the town of Athens in the county of Clarke, and to change
the place of holding elections for officers of the corporation
in said town, and agreed thereto—the bill was read the third
time and passed. l
Also, the report on the, bill of Senate to prescribe the du¬
ties of Attorneys in entering up Judgments, and the duties
of Clerks and Sheriffs in relation to executions, and agreed
thereto the bill was read the third time and passdd.
Also, the report on the bill of Senate requiring the record
of all deeds of gift from the parent to the child or children,
where actual possession of the property therein conveyed is
not given at -the time of the execution thereof, and agreed
thereto the bill was .read the third time and lost.
Also, the report on the bill of Senate to incorporate the
■village of Palmyra in the county of Lee, and to appoint com-
4'52f
smssioners for the same, and agreed thereto—the bill was
read the third time and passed.
Also, the report on the bill of Senate, to compel the com¬
missioners of the Western and Atlantic Rail Road to pay
certain cost, and for other purposes therein named, and
agreed thereto—the bill was read the third time and lost.
Also, the report on the bill of Senate to provide for taking
the evidence of parties to suits at law, to be used on the trial
©f their causes, and agreed thereto—and on the question
shall this bill now passit was determined in the negative,,
when—
On motion of Mr. Chappell, the yeas and nays were re¬
quired to be recorded, and are yeas 58—nays 99.
Those who voted in the affirmative, are Messrs.
Anderson of WarrenHarrison of PutnamReynolds,
Bentley, Hatcher, Richardson,
Bigharn, Hendry, Robertson of Co-
Bryan, of Houston, Howard, , lumbia,
Chipley, Hubbard, Robinson of Laurens
Collier, Jones of Harris., Sanford,
Covenah, King, Sermons,
Craft, Lee, Stephens,
Crawford of Ogle- Long, Stuart, of Ware,
thorpe, Lowe, Stroud of Walton,
Crawford, of SumterLynch, Tanner,
Credille, Martin, of Gwinnett,Taylor,
Cutright, Mays, of Cobb, Thomas,
Harden of Troup, May, of Warren, Toombs,
Harden of Warren, McCall, Warren,
Helauney, McCrimmon, Welborne,
Flournoy, of Wash- Moore, Whigham of Macon ,
ington, Morris, of Cobb, Whitworth,.
Ford, of Lee, Murphey ofBeKalb Wingfield.
Greene, of Macon, Pitts,
Hardy, Pryor,
Those who voted in the negative, are Messrs.
Anderson of Chat- Bryan of Wayne, Havis,
ham, Burt, Dawson,
Anderson ofFrank'nCarlton, Hickson, of Talbot,.
Ashley, Cannon, Dodson,
Atkinson, Carroll, Ellis,
Barclay, Chandler, Emanuel,
Beavers, Chappell, Erwin,
Bell, Chester, Fitzpatrick,-
Black, Cooke, Flournoy, of Mus-^
Boynton, Haniel, of Thomas, cogee,
Brown, of Fayette, Hark, Ford of Cherokee,
Brown of Houston, Davenport, Franks*
453
Gathright,
Green of Forsyth,
Hall,
Hammond,
Hardage,
Hardeman,
Hardman,
Harrison ©f Ran¬
dolph,
Harris,
Hibbert,
Hines,
Hitchcock,
Hotchkiss,
Hudgins,
Hunter,
Mann of Tattnall,
Martin of Morgan,
Maxwell,
McDuffie,
McGahagan,
McMath,
R eeves,
Roberts,
Sapp,
Shaw,
Shropshire,
Smith,
McMillen of JacksonStiles,
McMillian,
Thomas,
Millen,
Mitchell,
Moon,
of
Stone,
Sumner,
Tarver,
Thompson,
Towles,
Morris, of Murray, Trayler,
Murphey, of Wil- Waldhour;
kinson,
Nash,
Johnson of Appling,Nixon,
Jones of Columbia, Palmer,
Jones of Franklin, Pettee,
Keaton,
Lawson,
Liddle,
Loyall,
Preston,
Price,
Rea,
Read,
Wales,
Walker,
West,
White of Jasper,
Whitfield,
Williams of Bulloch
Williams, of Harris,
Wilson.
Also, the report on the bill of Senate to repeal an act
entitled an act to prevent the several Banks of this Sjjate
from selling or disposing of Exchange at a higher rate per
cent, than therein expressed, under certain conditions, and t©
prescribe the mode of punishment for a violation of the same,
assented to 23d December, 1839, and agreed thereto—the
bill was read the third time and lost.
Also, the report on the bill of Senate to alter and fix the
time of holding the Inferior courts in the county of Fayette,
and agreed thereto—the bill was read the third time and
passed.
Also, the report on the bill of Senate to incorporate the
Milledgeville Turnpike or Rail Road company, and agreed
thereto—the bill was read the third time, and on the ques¬
tion shall this bill now pass ? it was determined in the nega¬
tive ; when
Qji motion of Mr. Bethea, the yeas and nays were required
to be recorded, and are yeas 51, nays 83.
Those who voted in the affirmative, are Messrs.
Atkinson,
Bell,
Black,
Carroll,
Chappell,
Chipley,
Craft, Hammond,
Darden of Warren, Hardeman,
Davenport, Harrison of Putnam,
Dufour, Hibbert,
Fitzpatrick, Hotchkiss,
Ford of Cherokee, Howard,
454
Hubbard, Murphey of DeKalb, Stone,
Hudgins, Osborne, Stroud of Clark,-
Johnson of Appling, Preston, Tanner,
Jones, of Monroe, Rea, Tarver,
King, Read, Thomas,
Liddle, Richardson, Toombs,
Maxwell, Robinson, of Jasper, Wales,
Mays, of Cobb? Sapp, Warren,
McGahagan,- Shropshire,- West,
McMillen of J aekson Stephens, White, of Jasper,-
Millen,. Stiles, Wingfield.
Those who voted in the negative,-are Messrs.
Anderson, of Frank-Hallr Morris of Cobb,
lin, Hardage, Morris of Murray,
Anderson of WarrenHardm an, Murphey of Willtiisr-
Ashley, Harrison of Ran- son,
Barclay", dolph, ' Nash,
Beavers, Harris, Palmer,
Bentley,- Hatcher, Pettee,
Bethea, Hendry, Pitts,
Bigham, Hines, Pryor,
Boynton, Hitchcock, Reeves,
Brown, of Houston, Hunter, Reynolds,.
Bryan of Houston, Johnson, of Troup, Roberts,
Bryfn, of Wayne, Jones, of Columbia,Robertson of Co--
Chandler, Jones, of Franklin, lumbia,
Chester, Keaton, Robinson, of Lau-
Collier, Lawson, rens,.
Cooke, Bong, Sanford,-
Crawford, of Ogle- Loyall, Smith,
thorpe, Lynch, Stroud, of Walton^
Crawford ofSumter,Mann of Tattnall, Sumner,
Cutright, Martin, of Gwinnett, Taylor,
Daniel of Thomas, May, of Warren, Thompson,,.
Harden, of Troup, McCall, Towles,
Dark, McCrimmon, Trayler,
Dickson of Talbot, McDuffie, Walker,
Dodson, McMillian, of Welborne,
Emanuel, Thomas,. Williams of Harris^
Flournoy of Wash- Meadows, Williams of Talbot,.
ington, Mitchell, Wilsom
Gathright, Moon,.
Green, of Forsytb, Moore,
Also, the report on the bill of Senate-' to make Clerks of
the Courts of Ordinary elective by the people, and agreed,
thereto—the bill was read the third time and lost.
Also, the report on the bill of Senate to repeal an act en¬
titled an act. to guard and protect the citizens of the State-
455
against the unwarrantable and too prevalent use of Deadly
weapons, passed the 26th December, 1837, and agreed'
thereto—the bill was read the third time and passed.
Also, the report on the bill of Senate to alter and amend
the 43d section of the 4th Division of the Penal Code, and
agreed thereto—the bill was read the third time and passed.
Also, the report on the bill of Senate to alter and amend
an act entitled an act to compel Clerks of the Inferior courts
of the different counties in this State to claim estrays levied
•on by execution, passed 26th December, 1831, and agreed
thereto; the bill was read the third time and passed.
Also, the report on the bill of Senate to amend the act in¬
corporating the Georgia Rail Road and Banking company,
and agreed thereto; the bill was read -the third time and
on the question, shall this bill now pass ? it was determined
in the affirmative ; when
On motion of Mr. Tanner, the yeas and nays were re¬
quired to be recorded, and are yeas 95—nays 49.
Those who voted in the affirmative, are Messrs.
Anderson of Chat- Flournoy, of Wash-May of Warren,
ham, ington, McCall,
Anderson of WarrenFord of Lee, McGahagan,
Bell, Franks, McMath,
Bentley, Gathright, McMillian, of Thfe's,
Bethea, Greene, of Macon, Millen,
Bigham, Hall, Moore,
Black, Hammond, Morris of Cobb,
Boynton, Hardage, Morris of Murray,
Bryan, of Houston,Hardeman, Murphey ofDeKalb
Carroll, Ilardman, Murphey of Wilkin-
Chappell, Hardy, son,
Chipley, Harrison of Putnam, Paimer,
Collier, times, Preston,
Cooke, Hitchcock, Pryor,
Craft, Hubbard, Richardson,
Crawford of Ogle- Hunter, Sapp,.
thorpe, Johnson, of Heard, Sermons,
Crawford of Sumter J ohnson of Troup, Shaw,
Cutright, Jones of Harris, Shropshire,
Daniel, of Thomas, Jordan, Stephens,
Darden of Warren, King, Stuart, of Ware,
Davenport, Lawson, Stiles,
"Davis Lefils, . Stone,
Dickson, of Talbot, Lowe, Stroud, of Clark,
Emanuel, iynch, . JarTer'
Fitzpatrick, Mann of Tattnall, Taylor,
Flournoy of Mus- Maxwell, Thomas,
iC02.ee: Mays, of Cobb, Toombs,
456
Trayler, West, Whitworth,
Waldhour, Whigham of Macon, Williams of Harris,
Wales, White of Jasper, Williams, of Talbot,
Walker, Whitfield, Wingfield.
Warren,
Those who voted in the negative, are Messrs.
Anderson of Frank- Hatcher, Pitts,
lin, Hendry, Price,
Ashley, Hibbert, Read,
Atkinson, Hotchkiss, Reynolds,
Barclay, Howard, Roberts,
Brown of Fayette, Hudgins, Robertson of Co-
Bryan, of Wayne, Johnson of Appling, lumbia,
Carlton, Jones of Columbia, Robinson of Jasper,
Cannon, Jones of Franklin, Sanford,
Chandler, Jones of Monroe, Smith,
Dark, Keaton, Stroud of Walton,
Erwin, McDuffie, Sumner,
Ford of Cherokee, McMillen of Jackson Tanner,
Green, of Forsyth, Mitchell, Thompson,
Harrison of Ran- Moon, Turner,
dolph, Neal, Welborne,
Harris, Osborne, Wilson.
Also, the report on the bill of Senate to alter and amend
an act entitled an act to amend an act entitled an act to car¬
ry into effect the 6th section of the fourth article of the Con¬
stitution touching the distribution of intestates estates, &c.
and agreed thereto; the bill was read the third time and
passed.
Also, the report on the bill of Senate amendatory of an act
entitled an act to authorise the Justices of the Inferior court
of the several counties in this State, to create and lay out
any new districts, or change and alter the lines of those al¬
ready laid out, assented to on the 23d December, 1839, and
agreed thereto ; the bill was read the third time and passed.
Also—the report on the bill of Senate to incorporate the
Presbyterian Church of Roswell, Cobb county; and agreed
thereto. The bill was read third time, and passed.
Also—the report on the bill of Senate to alter and change
the name of Salem, the county site of Dade county, to that
of Trenton; and agreed thereto. The bill was read the
third time, and passed.
Also—the report on the bill of Senate to authorise pur¬
chasers of city lots of land in the cities of Macon and Co¬
lumbus, and in the reserves thereof, to redeem them from
forfeiture; and agreed thereto. Tfie bill was read the third
time, and passed.
Also—the report on the bill of Senate to incorporate the
457
Irwin Factory Company, in the county of Irwin; the report
v/as amended and agreed to—the bill read the third time,
and passed. «
Also—the report on the bill of Senate to authorise Shubal
Tenney to open and keep open the North Oconee River, from
Athens to King's bridge, and to vest in him, his heirs, and
assigns, the said right for the term of ten years, and to fix
the maximum rales of transporting lumber, wood, and pro¬
duce, thereon ; the report was amended and agreed to—the
bill read the third time, and passed.
Also—the report on the bill of Senate to alter and change
the line between the counties of Walker and Dade ; which,
on motion, was indefinitely postponed.
The House then adjourned until 3 o'clock, this afternoon.
Three O'clock, P. M.
The House met pursuant to adjournment.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary :
Mr. Speaker:—His Excellency the Governor has assented
to, and signed the following act, to wit:
An act to extend the time for taking out grants for lands
in the counties of originally Early, Irwin, Appling, Hall,
Habersham and Rabun, and to provide for the disposition of
the same, if not granted within the time extended.
The following bill of Senate, to wit:
A bill to regulate the issue of post-notes by the banks of
this State, and to repeal all acts prohibiting the issue of such
notes—was taken up, read a second time, and on motion to
indefinitely postpone the same, it was determined in the
affirmative i when, on motion of Mr. Chappell, the yeas
and nays were required to be recorded, and are yeas 131,
nays 31.
Those who voted in the affirmative, are Messrs.
Anderson of Frank- Bryan, of Houston, Collier,
pn Bryan, of Wayne, Crawford, of Ogle-
Anderson of Warren Burt, thorpe,
Atkinson, Carlton, C reddle,
Barclay, Cannon, Cutriglht.
Beavers, Carroll, Daniel of Ihomas,
Bio-ham,' Chandler, Darden, of Troup,
Black, ' Chester, Darden of Warren,
Brown of Fayette, Chipley, Dark,
458
Dawson, Lawson,
Delauney, Lee,
Dickson, of Talbot, Lowe,
Dixon of Walker, Loyall,
Dnfour,
Ellis,
Erwin,
Espy,
Fitzpatrick,
Ford of Lee,
Green of Forsyth,
Hall,
Hammond,
Hampton,
Hardage,
Hardeman,
Hardman,
Hardy,
Harris,
Hatcher,
Hendry,
Hibbert,
Hines,
Hitchcock,
Howard,
Hubbard,
Hunter,
Lynch,
Mann of Tattnall,
Pryof,
Rea,
Read,
Reeves,
Reynolds,
Roberts,
Martin, of Morgan, Robertson, of Co-
Martin of Gwinnett, lumbia,
Maxwell,
Mays of Cobb,
May of Warren,
McCrimmon,
McGahagan,
McMath,
McMillen of JacksonSmith,
McMillian, of Stephens,
Robinson, of Jasper,
Sanders,
Sanford,
Sapp,
Sermons,
Shaw,
Thomas,
Meadows,
Mitchell,
Moon,
Moore,
Morris, of Cobb,
Morris, of Murray, Thomas,
Mulkey, Thompson,
Murphey, ofDeKalbToombs,
Murphey of Wil- Towles,
Stuart of Ware,
Stroud of Walton,
Surnner,
Tanner,
T arver,
Taylor,
kinson,
Johnson of Appling, Neal,
Johnson of Heard, Nash,
Johnson, of Troup, Nixon,
Jones, of Columbia,O'Neal,
Jones, of Franklin, Osborne,
Jones of Harris, Palmer,
Jones, of Monroe, Pettee,
Jordan, Preston,
Keaton, Price,
Turner,
W aldhour,
West,
Whigham of Macon,
White of Jasper,
Whitfield,
Whitworth,
Williams,of Bulloch,
Williams of Harris,
Wilson.
Those who voted in the negative, are Messrs.
Anderson, of Chat- Franks,
ham, Gathright,
Bell, Harrison of Ran-
Bentley, dolph,
Boynton, Hotchkiss,
Brown, of Houston, Hudgins,
Chappell, King,
Craft, Liddle,
Davis, McCall,
Flournoy, of Mus- McDuffie,
co gee, Pitman,
Ford of Cherokee, Pitts,
Richardson,
Robinson, of Lau¬
rens,
Shropshire,
Stone,
Stroud of Clark,
Trayler,
Walker,
Warren,
Welborne,
Williams of Talbot,
Wooten.
45!?
Mr. Reynolds offered the following resolution; which was
tead, and agreed to, to wit:
Resolved,, That the rule ol this House requiring all hills
passed, to be taken by the Clerk forthwith to the Senate, be
dispensed with, so far as relates to the passage of a bill
amending the charter of the Georgia Rail Road and Ranking
Compriiy, and granting certain privileges therein named.
Mr. Stone, from the Committee on Enrolment, reported as
duly enrolled, the following acts, to wit:
An act to authorise the Justices of the Inferior Court of
Oglethorpe county to levy and collect an extra tax, for the
purpose of building a jail in said county.
An act to amend an act, entitled an act, to grant to Thomas
Spalding and his associates, the right of constructing a rail
road of wood, or digging a canal, from the Ocmulgee to the
Flint River, with certain privileges, approved 22nd Decem¬
ber, 1827.
An act to repeal the proviso of the second section of an
act, entitled an act, to consolidate the offices of Receivers
of returns and Tax collectors in the counties of Lumpkin,
Gilmer, Tattnall, Union, Pulaski, Telfair, Walker, Chero¬
kee, Early, Rabun, Floyd, and Paulding, assented to, De¬
cember, 25th, 1837, so far as the same relates to the county
of Lumpkin.
An act abolishing election precincts in the county of
Jasper.
An act to incorporate Beach Spring Academy in the
count}7- of Harris, and to appoint trustees for the same.
An act to incorporate Rainbridge Female Academy in the
county of Decatur.
An act to make William. H. Elllison the adopted son of
James Ellison, of Bibb county, and to make him capable of
inheriting as heir at law to the said James Ellison.
An act, entitled an act, to incorporate the Habersham
Iron Works and Manufacturing Company, passed 25th De¬
cember, 1837.
An act to authorise and empower the Justices of the Infe¬
rior Court of Habersham county, to levy an extra tax for
County purposes.
' An'act to be entitled an act, to authorise Thomas R. Hu-
son and Company, to erect a bridge across the river Etowa
in the county of Cass, and to charge and collect toll at the
same.
An act to be entitled an act, to amend an act, entitled an
act, to incorporate the Mossy Creek Methodist Camp Meet¬
ing Ground in the county of Habersham, passed the 24th
December, 1832, and to appoint trustees for the said Camp
Meeting Ground. _ t t
An act to "add an additional section to the 8th division of
the penal code of the State of Georgia, and to provide for
460
the punishment of free white persons for receiving stolen
goods from negroes, and free persons of color.
An act to incorporate the village of Houston, in the
county of Heard, and to make permanent the election pre¬
cinct at said place.
An act to alter and change the name of certain persons
therein named, and to legitimatize the same.
An act to extend the corporate limits of the town of Bain-
bridge, in the county of Decatur.
An act to repeal an act, entitled an act, to alter an act, for
the better selecting and drawing grand and petit jurors for
the several counties in this State, passed on the 7th day of
December, 1805, so far as respects the counties of Floyd,
Walker, Gilmer, Union, Lumpkin, Forsyth, Cass, Cherokee,
Paulding, and Cobb, assented to, December 22nd, 1835.
An act to repeal so much of an act, entitled an act, to
authorise the Justices of the Inferior Courts of the several
counties in this State,-to lay out any new districts, or change
and alter the lines of those already laid out, assented to,
23d December, 1839, so far as relates to the county of
Cherokee.
An act to authorise his Excellency the Governor to draw
his warrant upon the Treasury, in favor of the tax collectors
of such counties as have paid over their tax into the State
Treasury under the act of 1839.
The House took up the amendments of the Senate to the
following bills of the House, and concurred therein, to wit:
A bill to authorise Joseph Willson, of Cass county, to
establish a toll bridge across the Oostenauly River on his
own land, and to fix the rate of toll on the same.
A bill for the relief of Executors, Administrators, and
Guardians, in certain cases, and to prescribe and define ad¬
ditional duties and liabilities of the Clerks of the Courts of
Ordinary in this State.
• A bill to establish an additional election precinct in the
counties of Murray and Floyd.
A bill to add the residence of Ely Jones, now in the
county of Clarke, to the county of Walton, and to add the
residence of John S. Means, of Walton, to the county of
Newton.
A bill to incorporate the Sandy Spring Academy in the
county of Murray, and to appoint trustees for the same; also,
Mount Pleasant Academy in the county of Muscogee, and
appoint trustees for the same. ,
The House took up the report on the bill of Senate to
amend the rent-laws of this State, so far as relates to the
city of Augusta; the report was amended and agreed to—
the bill read the third time, and passed.
Also—the report on the bill of Senate to admit tax collec¬
tor's deeds in evidence, in certain cases therein named; and
461
agreed thereto. The bill was read the third time, and
passed.
Also-—the report on the bill of Senate to regulate the times
of holding the Superior Courts in the counties of Laurens and
Thomas ; the report was amended and agreed to—-the bill
was read the third time, and passed.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary.
Mr. SpeakerHis Excellency the Governor has assented
to, and signed the following acts, which originated in the
House of Representatives, to wit:
An act to compel the several banks of this State, to re¬
deem their respective liabilities in specie, and to provide for
the forfeiture of the charter or charters of such as may re¬
fuse.
An act to repeal an act, entitled an act, to consolidate the
offices of tax collectors and receiver of tax returns, so far
as relates to the counties of Baldwin, Chattooga, Franklin,
Gwinnett, Heard, Upson, Wilkes, Mcintosh, Thomas, Jef¬
ferson, Cobb, Hancock, Dooly, and Marion, passed on the
9th of December, 1839, so far as relates to the county of
Upson.
An act to change and define the line between the counties
of Gwinnett and De Kalb, so as to include the premises of
William Nesbit, immediately on the fine in the county of
Gwinnett, on fraction lot No. 256, in the county of DeKalb.
An act to repeal so much of an act, passed 23d Decem¬
ber, 1839, as relates to the names of certain persons, and to
alter the names of the same, and to legitimatise them and
others herein named, and make them legal and lawful heirs
of their reputed father.
An act to establish certain election precincts, and to
change others therein named.
An act to form additional precincts in the county of
Houston.
An act to change the place of holding elections, from Hen¬
derson's" to the White Sulphur Springs, both in the third
district of Meriwether county.
An act to repeal an act, entitled an act, to establish elec¬
tion districts in the several counties therein named, so far as
relates to the county of Harris. <
An act to authorise the Sheriffs, Clerk of Superior, Inferior
and Ordinary Courts of the county of Campbell, to insert
their advertisements in any of the public gazettes in the
Coweta circuit. .
An act to point out the tribunal and mode for the trial of
questions of citizenship in certain cases, and to declare what
shall be evidence in the same.
462
An act to explain an act, entitled an act, to amend an act,
to compensate the superintendents of precinct elections of
Troup, Harris and Richmond counties, assented to, Decem¬
ber 23d, 1839, so far as it relates to the county of Troup.
The following message was received from the Senate by
Mr. Williams, their Secretary, pro tem.
Mr. Speaker: 'The Senate has passed the following bills of
the House of Representatives, viz :
A bill to appropriate a sum of money for the payment of
the claim of Arthur Stotesbury.
A bill to repeal an act, passed 21st December, 1837, en¬
titled an act, for the compensation of grand and petit jurors
of Bibb county.
Also—has passed the following bills, with amendments,
to wit:
A bill to grant the right of citizenship to certain persons,
and their descendants, of the Cherokee tribe of Indians
■herein named, and to remove all legal disabilities heretofore
imposed on said tribe of Indians, so far as respects said
persons.
A bill to amend the act to 'extend to all persons imprisoned
for debt, the privileges of prison bounds, approved the 22nd
day of December, 1821, and the amendatory act thereof,
approved 24th December, 1824.
The following message was received from his Excellency,
the Governor, by Mr. Home, his Secretary.
Mr. Speaker:—His Excellency the Governor, has withheld
his assent from an act to authorise .the Sheriff of Meriwether
county to sell the State's interest in lot of land No. 23, in
the 11th district, formerly Troup, now Meriwether county;
and the Sheriffs of the several counties in this State, to sell
all land in their respective counties in which the State may
have an interest derived from fraudulent draws.
Which, I am directed to return to this branch of the Gen¬
eral Assembly, together with his communication on the
subject.
Executive Department, >
Milledgeville, 21st Dec. 1S40. )
I have the honor to return to the House of Representa¬
tives, where it originated, with my dissent, together with
my reasons-—a bill passed by both branches of the General
Assembly, to authorise the Sheriff of Meriwether county to
sell the State's interest in lot of land No. 23, in the 11th
district, formerly Troup, now Meriwether county; and the
Sheriffs of the several counties in this State, to sell all land
in their respective counties in which the State may have an
463
interest, derived from fraudulent draws. This bill does not
prescribe the duties, nor liabilities of the Sheriff making the
sale of the lot of land, except by requiring him " to do and act
in reference to the lot of land in question, in like manner, as
the Sheriff of Troup could, and should have done, before
the division of said county of Troup." There was no law,
before the division of the county of Troup, which conferred
on the Sheriff of that county, the authority to sell or dispose
of the State's interest in the lot of land mentioned, or re¬
quiring him to account at the Treasury. The interest of the
State, is left, therefore, entirely unprotected. The second
section of the act requires the Sheriff of each county in this
State, to sell all other lands in his county, in which the State
may have an interest derived by virtue of fraudulent draws
in the several land-lotteries in this State. This section is
liable to the same objection. The Sheriffs are vested with
power to sell; neither the time, place, nor manner in which
the sale is to be made, is stated : nor is he required to ac¬
count for the proceeds of sale.
It will also be recollected by the Legislature, that the
securities of the Sheriff are not liable for the faithful execu¬
tion of this duty ; but they are liable for the performance of
such duties only, as properly belong to the office of Sheriff.
charles j. Mcdonald.
The House took up the report on the bill of the Senate
more effectually to prevent illegal voting.
The first section being read as follows, viz :
Be it enacted by the Senate and House of Representatives of
the State of Georgia in General Assembly met, and it is hereby
enacted by the authority of the same, That from and after the
passage of this act, it shall be the duty of managers of
elections in this State, to put on the back of each ticket
given in, a number corresponding with the number opposite
the voter's name on the ballot list.
Mr. Flournoy,- of Washington, moved to strike out the
same, when, on his motion, the yeas and nays were ordered
to be recorded, and are yeas 59, nays 79.
Those who voted in the affirmative, are Messrs.
Anderson of WarrenDaniel of Thomas, Hardage,
Beavers Darden of Warren, Hardy,
iBla.Ck ' Davis, Harrison of Putnam
Brown of Fayette, Dickson of Talbot, Hatcher,
Bryan of Wayne, Dodson, Hines,
Carlton, Flournoy of Wash- Hitchcock,
Cannon ington, Hubbard,
Carroll ' Ford, of Lee, Jones of Columbia,
Charmell Franks, Mann, of Tattnall,
Craft Green of Forsyth, Martin of Gwinnett,
464
May of Warren,
McCa.ll,
McCrimmon,
McGahagan,
McMath,
Palmer,
Pitman,
Price,
Pryor,
Roberts,
Thomas,
Thompson,
Trayler,
Walker,
Warren,
McMillian, of Tho's,Robertson, -of Co- Whigham of Macon,
Mitchell, lumbia, White of Jasper,
Moore, Shropshire, Williams of Talbot,
Morris, of Cobb, Smith, Wilson,
Nash, Stephens, Wooten.
Nixon,
Those who voted in the negative, are Messrs.
Anderson of Chat- Harris, Pettee,
ham, Hendry, Pitts,
Anderson of Frank- Hibbert, Preston,
lin,
Barclay,
Bentley,
Boynton,
Chandler,
Chipley,
Collier,
Cooke,
Credille,
Cutright,
Howard, Rea,
Hunter, Read,
Johnson of Appling,Reynolds,
Johnson of Troup, Richardson,
Jones of Franklin, Robinson of Lau-
Jones of Harris,
Keaton,
Lawson,
Lee,
Liddle,
Darden, of Troup, Loyall,
Dawson, Lynch,
Delauney, Maxwell,
Erwin, Mays of Cobb,
Fitzpatrick, McDuffie,
Flournoy, of Mus- McMillen ofJacksonTurner,
rens,
Sanford,
Sapp,
Shaw,
Stiles,
Stroud, of W alton,
Sumner,
Tanner,
Taylor,
Toombs,
cogee,
Gathright,
Green of Macon,
Hall,
Hampton,
Hardeman,
Hardman,
Harrison of Rand'h.
Meadows, Waldhour,
Moon, Wales,
Morris of Murray, Welborne,
Murphey of Wil- Whitfield,
kinson, Whitworth,
Neal, Williams ofBulloch,
Osborne, Williams of Harris.
Leave of absence was granted to Mr. Moultrie for the
remainder of the session, on account of indisposition, and to
Mr. Green, of Forsyth, on account of the indisposition of his
family.
The House then adjourned until 7 o'clock, this evening.
465
Seven o'clcok, P. M.
The House met pursuant to adjournment.
•
Leave of absence was granted to Mr. Mulkey for the
balance of the session, on account of indisposition in his
family, and to Mr. Parks for the balance of the session, on
account of indisposition.
The following message was received from the Senate, by
Mr. Williams, their Secretary, p-o tern :
Mr. Speaker:—The Senate has passed the following bills
of the House of Representatives, viz.
A bill to compel the commissioners on the road from
Dahlonega, in Lumpkin county, by way of Elijay, in Gilmer
county, to the Federal Road, in Murray county, and to com¬
pel them to make a settlement with John J. Dickerson,
George Brack, and Henry Wykel; and also, to define the
mode of making such settlement.
A bill for the benefit of Edmund McCubbins, praying for
a lease of the State's interest in lot of land No. 55, in the
5th district of Troup county, during his natural life.
A bill to incorporate an institution for the promotion of
christian knowledge and general education, to be called the
Georgia Episcopal Institute and Christ College, at Mont-
pelier, in the county of Monroe, and State of Georgia.
A bill to change the name of John Thomas Richardson,
of Stewart county, to that of John Thomas Smith.
A bill touching election precincts in the county of Bibb.
A bill to point out and regulate the manner of taking testi¬
mony by commissioners, in certain cases.
Also—have concurred with the House of Representatives
to the amendments on the bill to amend the rent-laws of
this State, so far as relates to the city of Augusta, with an
amendment.
The House took up the unfinished business of the after¬
noon, viz : the consideration of the report on the bill of the
Senate more effectually to prevent illegal voting.
The report was agreed to—the bill read the third time,
and on the question, Shall this bill now pass ? the yeas and
nays were ordered to be recorded, on motion'of Mr. Wel-
borne, and are yeas 50, nays 78.
Those who Voted in the affirmative, are Messrs.
Anderson of Frank-Bryan, of Houston, Cutright,
lin,
Ashley,
Barclay,
Beavers,
Carlton,
Chipley,
Collier,
Credille,
Darden of Troup,
Dawson,
Flournoy of Mus¬
cogee,
466
Gathright, Maxwell, Richardson,
Hammond, McMillen of Jack-Robinson, of Laur's.
Ha.rdman, son, Sanford,
Harris, Moon, Sermons,
Hendry, Morris of Murray, Shaw,
Johnson of Troup, Murphey of DeKalbSumner,
Jones of Franklin, Osborne, Tanner,
Keaton, Pitts, Taylor,
King, Preston, Waldhour,
Lee, Price, Wales,
Liddle, Pryor, Welborne,
Loyall, Read, Williams of Harris.
Martin of Morgan, Reynolds,
Those who voted in the negative, are Messrs.
Anderson,of Chat'mFranks, Mitchell,
Anderson of WarrenGreen of Forsyth, Moore,
Atkinson, Hall, Morris of Cobb,
Bell, Hardage, Neal,
Bentley, Hardeman, Nash,
Black, Harrison of Putnam,Nixon,
Boynton, Hatcher, Palmer,
Brown, of Fayette, Hibbert, Pettee,
Brown of Houston, Hines, Pitman,
Bryan of Wayne, Hitchcock, Rea,
Burt, Hotchkiss, Reeves,
Cannon, Hubbard, Roberts,
Carroll, Johnson of Appling, Robertson of Colum-
Craft, Johnson, of Heard, bia,
Crawford of Ogle- Jones of Columbia, Shropshire,
thorpe, Lawson, Smith,
Crawford of SumterLefils, Stiles,
Daniel of Thomas, Lowe, Stone,
Darden of Warren, Mann of Tattnall, Stroud of Clark,
Davenport, Mays, of Cobb, Stroud of Walton,
Davis, May of Warren, Thompson,'
Dodson, McCall, Walker,
Erwin, McCrimmon, Warren,
F arnall, McGahagan, Whitworth,
Flournoy, of Wash- McMath, Williams of Bulloch,
ington, McMillian of Tho's.Wilson,
Ford of Lee, Millen, Wooten.
So the bill was lost.
Mr. Stone, from the Committee on Enrolment, reported as
duly enrolled, the following acts :
An act for the relief of Executors, Administrators and
Guardians, in certain cases, and to prescribe and define ad¬
ditional duties and liabilities of the several Courts of Ordi¬
nary of this State.
467
An act to repeal an act, passed on the 22nd December,
1837, entitled an act, to compensate the grand and petit
jurors of Bibb county.
An act to authorise Joseph Wilson, of Cass county, to
establish a toll-bridge across the Ostenauly River, on his
own land, and to fix the rates of toll on the same.
An act to incorporate the Sandy Spring Academy in the
county of Murray, and to appoint trustees for the same;
also, Mt. Pleasant Academy in the county of Muscogee, and
appoint trustees for the same.
An act to add the residence of Ely Jones, now in the
county of Clark, to the county of Walton, and to add the
re-sidence of John S. Means, of Walton, to the county of
Newton.
An act to be entitled an act, to authorise the Inferior
Court of Jasper county to levy an extra tax on the citizens
of said county, to pay for the erection of a court-house in
said county.
An act declaratory of the validity of all executions or
judgments issued or entered up in behalf of copartners, or
against copartners, where the partnership style is used, or set
forth, and the christian or surname of the parties omitted;
and also, to declare the force of bonds made to partnerships
using the common name or style.
An act to alter and change the name of James Riley Bry¬
ant, of Pulaski county, to that of James Riley Dykes, and
to legitimatise the same.
An act to amend an act, to prevent persons from obstruct¬
ing the free passage of fish up the Altamahaw River, by the
use of gill-nets, or seines, assented to, December 23d, 1S39.
An act to be entitled an act, to establish and fix the fees
of Sheriffs, Constables, and other officers, in certain cases.
An act to be entitled an act, to authorise the treasurers of
the common school fund of the counties of Montgomery,
Emanuel, and Lowndes, to loan out the said fund, and to col¬
lect all or any part of the same, on certain conditions, and
to authorise the treasurers of the common school fund for the
counties of Franklin and Jackson, to pay certain accounts
of teachers of poor children.
The following message was received from his Excellency
the Governor, by Mr. Home, his Secretary; which was
read and referred, together with the accompanying docu¬
ment to a select committee, consisting of Messrs. Toombs,
Neal,' and Flournoy, of Muscogee.
Executive Department, >
Milledgeville, 21st Dec. 1840. )
I have the honor to transmit to the General Assembly, the
copy of a letter from Colonel David C. Campbell, one of the
46$
commissioners to whom the claim of Peter Trezevant Was
referred at the last session of the General Assembly, with
instructions to report to the Legislature now in session,-
assigning the reason why the report has not been made.
As the report cannot be laid before yon at this late stage of
the session, I would recommend, that the commissioners be
required to report to the next General Assembly.
charles J. McDonald.
The House took up the report on the bill of Senate, to
incorporate the Cross Plains and Red Clay Branch Rail
Road Company of Georgia; the report was amended and
agreed to—the bill read the third time, and passed.
The House took up the amendments of the Senate to the
following bills of the House, and concurred therein,; to wit:
A bill to grant the rights and privileges of citizenship to
certain persons, and their descendants, of the Cherokee tribe
of Indians therein named, and to remove all legal disabili¬
ties heretofore imposed on said, tribe, so far as respects said
persons.
A bill to amend the act to extend to all persons imprisoned"
for debt, the privileges of prison-bounds, approved the 22nd
day of December, 1821, and the amendatory act thereof,-
approved 24th December, 1824.
The House took up the amendment of the Senate, to the
amendments of House, to the bill to amend the rent-laws of
this State, so far as relates to the city of Augusta, and for
other purposes ; and concurred therein.
The following message was received from the Senate, by
Mr. Williams, Secretary pro tern.
Mr. SpeakerThe Senate has passed the' following bills'
of the House of Representatives, viz r
A bill to authorise the Mayor and Council of the city of
Columbus to define the limits of Bay-Street in said city, and
to lay off a portion of said street, and of the North Common,
of said city, into Water Lots, and to dispose of the same.
A bill to incorporate the Methodist Episcopal Church, at
Newhope, in Lincoln county, and to appoint trustees for the
same.
Also, the following bill of the House of Representatives,,
with amendments, viz *
A bill to incorporate the Habersham- and Union Turnpike
Company, and to grant certain privileges to the same.
To which,, the concurrence of the House is desired.
The House took up the report on the bill of Senate for the
relief of Sarah Mansfield, of Decatur County; and agreed
thereto ; the bill was read the third time, and lost.
£69
Also the report on the bill of Senate to require the com¬
missioners of the Western and Atlantic Rail Road, so to
arrange, as, at least, one of them shall be always on the
road personally supervising the engineers and contractors ;
and agreed thereto—the bill was read the third time, and
passed.
Also—the report on the bill of Senate to extend the time
for fortunate drawers in all the land lotteries, and in the
gold lottery, to take out their grants, except the counties
herein excepted; amended and agreed thereto—-the bill was
read the third time, and passed.
Also—the report on the bill of Senate to require the
Sheriff and Coroner of the comity of Muscogee, to hold their
sales at the market-house, and to prescribe the amount on
"which they shall give bond for the performance of their
duty ; and agreed 'thereto—the bill was read the third time,
and passed.
Also—the report on the bill of Senate for the relief of
Mrs. Sarah H. Al-friend ; and agreed thereto—the bill was
read the third time, and passed.
Also—the report on the bill of Senate to amend an act to
compensate grand and petit jurors of the county of Telfair,
so far as relates to the grand jury -of said county; and
agreed thereto—the bill was read the third time, and passed.
Also—the report on the bill of Senate to incorporate a vol¬
unteer corps of Riflemen in the city of Augusta, &c.; and
agreed thereto—the bill was read the third time, and passed.
Also—the report on the bill of Senate to amend an act to
alter and fix the time of holding the Superior Courts in the
Eastern District; and agreed thereto—the bill was read the
third time, and passed.
Also—the report on the bill of Senate to amend an act,
entitled an act, to incorporate the Augusta and Waynes-
borough Rail Road, assented to, 31st December, 1838 ; and
agreed thereto—the bill was read the third time, and passed.
&Also the report on the bilkof Senate to extend the cor¬
porate limits of the town of Talbotton ; and agreed thereto
—the bill was read the third time, and passed.
Also the report on the bill of the Senate to authorise
constables to serve processes, and perform other acts per¬
taining to their office in any district in the county, in certain
cases therein specified ; and agreed thereto—the bill was
read the third time, and passed.
Also the report on the bill of Senate to incorporate the
Female Academy in Fayetfeville, Fayette county, and to
appoint trustees for the same ; and to repeal an act to incor¬
porate Fayette County Academy, passed 24th December,
1836 and for other purposes therein named; and agreed
thereto the bill was read the third time, and passed.
j^jso the report on the bill of Senate in relation to wit-
470
nesses and jurors; and agreed thereto—the bill was read
the third time, and lost.
Also—the report on the bill of Senate to incorporate the
Methodist Episcopal Church in Chattooga county, to be
called the Broom-Town Valley Church, and to appoint trus¬
tees for the same ; and agreed thereto-—the bill was read
the third time, and lost.
Also—the report on the bill of Senate to add certain frac¬
tions therein named, to Paulding county; and agreed thereto
■—the bill was read the third time, and passed.
Also—the report on the bill of Senate to consolidate the
offices of tax collector and receiver of tax returns of the
county of Effingham-, and to authorise the Justices of the
Inferior Court of the counties of Richmond and Lee to levy
an extra tax, &c.; and amended, and agreed thereto—the
bill was read the third time, and passed.
Also—the report on the bill of Senate for the relief of
James H. Martin and William Conyers, securities of Har-
bert Rainey; and agreed thereto; the bill was read the
third time, and passed.
Also—the report on the bill of Senate to remove the elec¬
tion precinct from the house of John Lovejoy, to the house
of Alonzo P. Morris in the 12th district of Henry county,,
and establish a precinct at Pittsburg, in the 6th district of
said county, and to establish an election precinct at the 46th
district in Bulloch county; and agreed thereto—the bill was-
read the third time, and passed.
Also—the report on the bill of Senate to alter and fix the
times of holding the Superior Courts of the counties of
Marion, Harris, and Stewart, of the Chattahoochee Circuit
in this State, and to regulate the mode of drawing two
pannels, and summoning grand and petit jurors, in and for
the counties of Stewart and Talbot in said circuit; the re¬
port was amended, and agreed to—the bill read the third
time, and passed.
Also—the report on the bill of Senate to change the
county line from certain points between the counties of
Marion and Muscogee, so as to make the line straight. Mr.
Hall offered a substitute for the report, which was received.
The report was then agreed to, as amended—the bill read
the third time, and passed.
Also—the report on the bill of the Senate to incorporate'
the Shearer Springs in Henry county, and to constitute the'
resident board of trustees of the Mercer University, com¬
missioners of the town of Penfield, in Greene county ; and
agreed thereto—the bill was read the third time,- and passed.
Also—the report on the bill of the Senate to incorporate
the First Presbyterian Church of Savannah ; and agreed
thereto—'the bill was read the third time, and passed.
The House took up the amendment of Senate to incorpo-
471
rate the Habersham and Union Turnpike Company, and-to
grant certain privileges to the same; and concurred therein.
Leave of absence was granted to Mr. Alexander for the
remainder of the session, on account of indisposition.
The House then adjourned until nine o'clock, to-morrow
morning.
o
TUESDAY, December 22, 1S40.
On motion of Mr. Lefils,
The House agreed to reconsider so much of the Journal
of yesterday as relates to the rejection of the bill of Senate,
to alter and amend an act, entitled an act to appropriate a
sum of money to improve the navigation of the Big Satilla
river, passed 30th December, 1836; and to appoint addi¬
tional commissioners on said river.
On motion of Mr. Anderson, of Chatham,
The House agreed to reconsider so much of the Journal
of yesterday as relates to the rejection of the bill of Senate,
to repeal an act entitled an act to prevent the several banks
of this State from selling or disposing of Exchange, at a
higher rate per cent, than therein expressed, under certain
conditions; and to prescribe the mode of punishment for a
violation of the same ; assented to 23d December, 1839.
On motion of Mr. Hammond,
The House agreed to reconsider so much of the Journal of
yesterday as relates to the rejection of the bill of Senate to
incorporate the Milledgeville Turnpike or Railroad Company.
Mr. Welborne moved to reconsider so much of the Jour¬
nal of yesterday as relates to the rejection of the bill of Sen¬
ate, to make Clerks of the Courts of Ordinary elective by
the people.
The House refused to reconsider.
On motion of Mr. Reynolds, _
The House agreed to reconsider so much of the Journal
of yesterday as "relates to the passage of the bill of Senate,
to amend the act incorporating the Georgia Rail Road and
Banking Company.
Mr. Hines moved to reconsider so much of the Journal of
yesterday as relates to the rejection of the bill of Senate, for
the relief of Sarah Mansfield, of Decatur county.
When on motion of Mr. Chipley, the yeas and nays were
required to be recorded, and are yeas 86, nays 38.
472
Those who voted in the affirmative, are Messrs.
Anderson ofWarrenHarris,
Atkinson,
Hatcher,
Bell,'
Hibbert,
Bethea,.
Hines,
Black,
Hitchcock,
Boynton,
Hotchkiss,
Brown, of Fayette,
Howard,
Bryan of Houston, Jones of Franklin
Chandlfer,
Jones of Harris,
Chester,
Keaton,
Collier,
King,
Cooke,
Lefils,
Credille,
Liddle,
Crutchfield,
Lynch,
Daniel of Thomas,
Mann of Tattnall,
Davis,
Mays, of Cobb,
Dawson,
McComb,
Delauney,
McCrimmon,
Dickson of Talbot, McDuffie,
Dixon, of Walker, McMillian of
Erwin, Thomas,
Fitzpatrick, Millen,
Flournoy, of Wash- Mitchell,
mgton,
Ford, of Lee,
F ranks,
Gathright,
Green of Macon,
Hammond,
Hardeman,
Moon,
Morris, of Cobb,
O'Neal,
Palmer,
Pettee,
Price,
Pryor,
Roberts,
Robertson of Co¬
lumbia,
Robinson of Laurens
Sanders,
Shaw,
Shropshire,
Smith,
Stephens,
Stuart of Ware,
Stone,
Stroud of Clark,
Stroud of Waltonr
Tarver,
Thomas,
Trayler,
Turner,
Warren,
Welborne,
West,
Morris, of Murray, White of Jasper,
Murphey of DeKalb Williams of Talbot,
Murphey of Wilk- Wilson,
Winofield,
mson,
Neal,
Wooten.
Those who voted in the negative, are Messrs.
Anderson ofF rank'nHagerman,
Bryan, of Wayne, Hall,
Burt, Hampton,
Carlton, Hardage,
Chipley, Hardman,
Crawford of Ogle- Hardy,
Read,
Richardson
Sanford,
Sapp,
Stiles,
Sumner,
thorpe, Jones of Columbia, Tanner,
Cutright, Long, Taylor,
Darden of Troup, Loyall,
Darden of Warren, May of Warren,
Davenport, Meadows,
Emanuel, Moore,
Flournoy of Musco- Preston,
gee,
So the House agreed to reconsider-
Thompson,
Waldhour,
Walker,
Whitworth,
Williams of Harris-
473
The following message was received from the Senate, by
Mr. Bailey, their Secretary:
Mr. Speaker:—The Senate has passed the following bills
of the House of Representatives :
A bill for the relief of John H. Mount.
^ A bill to alter and change the place of holding elections
m the county of Pulaski.
A bill to amend an act, entitled an act, to authorise the
sheriffs of the counties of Decatur, Thomas, Lowndes, Ware
and Wayne, to sell the fractions in said counties, and for
other purposes, passed the 23d December, 1839.
A bill to alter and change the name of Madison Greenlea
Tood, to that of Madison Greenlea Bryan, of Dooly county.
A bill to incorporate the several Churches therein named.
A bill to authorize Seth H. In graham to establish a ferry
across Little River, on his own land, and to fix the rate of
toll for the same.
The Senate has also concurred with the House of Repre¬
sentatives, in the resolution to authorize his Excellency the
Governor, to transmit with the laws and journals of the pre¬
sent General Assembly, copies of Prince's Digest and the
Georgia Justice to the county of Baker.
A resolution authorizing his Excellency the Governor, to
furnish the Georgia Hussars, at Savannah, with swords and
pistols.
A resolution authorizing his Excellency the Governor, to
transmit with the laws and journals, Prince's Digest and
Georgia Justice, to the county of Stewart.
The Senate has also concurred with the House of Repre¬
sentatives in the report of the committee on the State of the
Republic, to whom was referred so much of the communi¬
cation of his Excellency the Governor, as relates to a con¬
vention held in the British metropolis, on the subject of
slavery.
The Senate has passed the following bills of the House of
Representatives, with amendments.
A bill to appropriate money for the political year 1841.
To amend an act to alter and fix the time of holding the
Superior Courts in the Eastern District, &c.
The Senate has also concurred with the House of Repre¬
sentatives in the following resolutions, with amendments:
A resolution authorizing his Excellency the Governor, to
furnish the Tattnall troop of horse, known as the Tattnall
Guards, with a certain number of swords and pistols.
A resolution relative to a mail route from Lafayette, in
Walker county, to the county site of Dade.
A resolution relative to furnishing the county of Ware
with five copies of Prince's New Digest, and eight copies of
Green and Lumpkin's Georgia Justice.
474
A resolution relative to the establishment of certain mail
routes in the counties of Irwin and Lowndes.
A resolution relative to the appropriation for the opening
and improving the navigation of the Ogeechee river.
To which the concurrence of this branch of the General
Assembly is desired.
Mr. King introduced the following resolution; which was
read and agreed to.
Resolved by the Senate and House of Representatives of the
State of Georgia in General Assembly met, That his Excellency
the Governor be and he is hereby authorized to pay over to
the Representative from the county of Glynn, the academic
and common school fund, to which said county is entitled,
at the time of passing this resolution.
Mr. Stone, from the Committee on Enrolment, reports as
duly enrolled, the following bills, to wit:
An act to alter and amend an act, entitled an act to amend
an act, entitled an act to carry into effect the sixth section of
the fourth article of the Constitution, touching the distribu¬
tion of intestates' estates, &c.; approved 12th December,
1S04.
An act to alter and amend an act, entitled an act to com¬
pel Clerks of the Inferior Courts of the different counties in
this State, to claim Estrays, levied on by execution; passed
26th December, 1831.
An act to alter and fix the time of holding the Inferior
Courts in the county of Fayette.
An act to be entitled an act, to incorporate the Baptist
Church in Pulaski county, known by the name of the Mount
Horeb Church, and to appoint trustees for the same.
An act to admit tax collectors' deeds in certain cases
therein named.
An act to regulate the times of holding the Superior Courts
in the counties of Lowndes and Thomas.
An act to change the names of certain persons mentioned
therein, and to legitimatize the same.
An act to grant the rights and privileges of citizenship to
certain persons and their descendants, of the Cherokee and
Creek tribe of Indians, herein named; and to remove all
legal disabilities heretofore imposed on said tribe of Indians,
so far as repects said persons.
An act to define the liability of the several Rail Road
companies in this State, for the loss of stock killed or wound¬
ed by the running of cars or locomotives on their roads re¬
spectively; and to redress the proceeding in such cases.
An act to establish an additional election precinct in the
counties of Murray and Floyd.
An act to alter and change the name of John Thomas
Richardson, of Stewart county, to that of John Thomas
Smith.
475
An act to amend an act, entitled an act to give to masons
and carpenters an incumbrance for debts due on account of
work done and materials furnished in building or repairing,
houses, on such houses and the premises to which they may
be attached; and to repeal all laws on this subject, so far as
relates to the counties of Richmond and Mcintosh, and in
tne cities of Savannah, Macon and Columbus, passed De¬
cember 22nd, 18-34, so as to give to parties in the city of
Columbus, the like security for debts due on account of paint¬
ing done on houses in said city.
An act for the relief and benefit of Edmund McCubbins,
praying for a lease of the State's interest, in lot of land,
No. 55, in the fifth district of Troup county, during his nat¬
ural life.
An act to appropriate a sum of money for the payment of
the claim of Arthur Stokesbury.
An act to incorporate an institute for the promotion of
christian knowledge and general education, to be called the
Georgia Episcopal Institute and Christ College, at Montpe-
lier, in the county of Monroe and State of Georgia.
An act touching election precincts, in the county of Bibb.
An act to incorporate South River Academy, in the county
of Butts, and to appoint trustees for the same.
An act to compel the commissioners on the road from
Dahlonega, in Lumpkin county, by way of Ellijay, in Gil¬
mer county, to the Federal Road in Murray county; and to
compel them to make a settlement with John J. Dickerson,
George Brack and Henry Wykel; also, to define the mode
of making such settlement.
The reconsidered bill of Senate, to alter and amend an
act, entitled an act to appropriate a sum of money to improve
the navigation of the Big Satilla river, passed 30th Decem¬
ber, 1S36, and to appoint additional commissioners on said
river; was taken up and parsed.
The reconsidered bill of Senate, to repeal an act entitled
an act to prevent the several banks of this State from selling
or disposing of Exchange at a higher rate per cent, than
therein expressed under certain conditions, and to prescribe
the mode of punishment for a violation of the same, assent¬
ed to 23d December, 1839; was taken up and passed.
The House took up the amendments of the Senate, to
the bill to appropriate money for the political year 1841;
and the following amendment to the fifth section being read,
to wit "to be paid in State bonds" ; disagreed thereto.
And the following amendment to the twelfth section being
read, to wit, strike out "one" and "fifty," and insert in lieu
thereof "three" and "twenty."
On motion to concur therein, the yeas and nays were or¬
dered to be recorded, on motion of Mr. Hardage, and are
yeas 81, nays 44.
476
Those who voted in the affirmative, are Messrs.
Anderson, of Chat- Erwin, McCrimmon,
ham, Flournoy of Mus- McMillian of Tho's.
Anderson, of War* cogee, Moore,
ren, Flournoy of Wash- Morris, of Cobb,
Atkinson, ington, O'Neal,
Bell, Ford, of Lee, Osborne,
Bigham, Franks, Preston,
Black, Gathright, Pryor,
Boynton, Greene of Macon, Rea,
Bryan, of Wayne, Hagerman, Reynolds,
Burt, Hammond, Richardson,
Chappell, Hampton, Robertson, of Co-
Chester, Hardeman, lumbia,
Chipley, Hardman, Robinson of Laurens
Covenah, Hardy, Shaw,
Cooke, Harrison ofPutnam,Stephens,
Craft, Hitchcock, Stiles,
Crawford of Ogle- Hotchkiss, Stroud of Clark,
thorpe, Hubbard, ' Taylor,
Crawford of Sumter Johnson of Troup, Thomas,
Credille, Jones of Columbia, Toombs,
Crutchfield, King, Towles,
Cutright, Liddle, Waldhour,
Daniel of Thomas, Loyall, Walker,
Darden of Troup, Lynch, . Warren,
Darden, of Warren, Martin, of Morgan, West,
Davenport, Maxwell, White, of Jasper,
Davis, May of Warren, Wingfield,
Delauney, McCall, Wooten.
Those who voted in the negative, are Messrs.
Anderson of Frank-Hunter, . Read,
lin, Jones, of Franklin, Roberts,
Bethea, Keaton, Sanford,
Brown, of Fayette, Lawson, Sermons,
Chandler, Mann^of Tattnall, Shropshire,
Collier, Mays, of Cobb, Stroud, of Walton,
Dark, McDuffie, Sumner,
Dawson, McMillenofJacksonTanner,
Hall, Meadows, Thompson,
Hardage, Mitchell, Turner,
Harrison of Ran- Moon, Wales,
dolph, Morris of Murray, Williams of Bulloch
Harris, Murphey ofDeKalb, Williams of Harris,
Hatcher, Nash, Williams, of Talbot,
Hendry, Palmer, Wilson.
Hibbert,
So the amendment was concurred in.
477
And the following amendment of the Senate being read*
to wit:
A.nd be it further enacted, That his Excellency the Govern¬
or, be and he is hereby authorized to draw, his warrant in
favor of Asa Bates, for the sum of four thousand four hun¬
dred and sixty-two dollars and fifty cents, the balance due
him on an unexpended appropriation for the improvement
of the Chattahoochee river.
Upon the motion to concur therein, the yeas and nays
were ordered to be recorded, on motion of Mr. Roberts, and
are yeas 73, nays 54.
Those who voted in the affirmative, are Messrs.
Anderson of Chat'm.Ford of Lee,
Atkinson, Hagerman,
Bethea,
Bigham,
Black,
Boynton,
Burt,
Chester,
Chipley,
Covenah,
Cooke,
Craft,
Crawford of Ogle- Keaton,
thorpe, Liddle,
Crawford of SumterMcCall,
Hammond,
Hardeman,
Hardman,
Hardy,
Harrison of Ran¬
dolph,
Hitchcock,
Hotchkiss,
Hubbard,
Jones of Columbia,
McCrimmon,
McDuffie,
McMillian of
Thomas,
Moore,
Morris, of Cobb,
Osborne,
Preston,
Pryor,
Rea,
Richardson,
Robertson, of Co¬
lumbia,
Robinson of Laurens
Sanders,
Sapp,
Shaw,
Shropshire,
Stephens,
Thomas,
Trayler,
Wales,
Walker,
Warren,
Welborne,
West,
White of Jasper,
Murphey of Wilkin- Whitworth
son, Williams of Talbot
Nash, Wooten.
O'Neal,
Credille,
Cutright,
Daniel of Thomas,
Davenport,
Davis,
Dufour,
Flournoy of Mus¬
cogee,
Flournoy, of Wash
ington,
Those who voted in the negative, are Messrs.
Anderson of Frank- Crutchfield, Harris,
pn Darden of Troup, Hatcher,
Anderson of War- Dark, Hibbert,
ren Dawson, Howard,
Beave'rs Dickson of Talbot, Hunter,
Brown, 'of Fayette, Emanuel, Johnson of Troup,
Bryan of Houston, Erwin, Jones, of Frankkn,
Bryan of Wayne, Franks, Lawson,
Chandler. Hardage, Loyail,
Collier, Harrison of Putham,Martin of Gwinnetl
478
Maxwell, Pitman, Stroud of Walton,
Mays, of Cobb, Price, Tanner,
May, of Warren, Read, Thompson,
McMillen of J acksonReynolds, Towles,
Meadows, Roberts, Waldhour,
Mitchell, Robinson of Jasper, Williams of Bulloch,
Moon, Sanford, Williams of Harris,
Morris, of Murray, Stone, Wilson.
Palmer, Stroud, of Clark,
The House refused to concur with the Senate in their
amendment, appropriating one hundred and thirty-two dol¬
lars to James S. Park, for certain services.
The other amendments of the Senate were severally taken
up and concurred in.
The House took up the amendment of the Senate to the
bill of the House, to amend an act to alter and fix the time
of holding the Superior Courts in the Eastern district of this
State, assented to 26th December, 1837; and concurred
therein.
Also—the reconsidered bill of Senate, for the relief of
Sarah Mansfield, of Decatur county; and passed the same
under the title thereof.
Mr. Stone, from the Committee on Enrolment, reported as
duly enrolled:
An act for the relief of Mrs. Sarah H. Alfriend.
An act to repeal so much of an act for compensating the
grand and petit jurors of Telfair county, as relates to the
grand jury thereof.
An act to amend an act to incorporate the Augusta and
Waynesboro' Rail Road, assented to 31st December, 1838.
An act to authorize constables to serve processes and per¬
form other acts pertaining to their office in any district in
the county, in certain cases therein specified.
An act to repeal an act entitled an act, to guard and pro¬
tect the citizens of this State against the unwarrantable and
too frequent use of deadly weapons, passed 25th Decem¬
ber, 1837.
An act to alter and amend an act, passed 21st December,
1839, entitled an act to alter and amend an act, entitled an
act to appoint additional commissioners on the Ohoopie and
Canoochee rivers, in the county of Tattnall, passed 27th De¬
cember, 1839, &c.; so far as the said amendatory act of
1839 requires an immediate application of one half of the
fund set apart for the improvement of the Ohoopie river
below Brazil's creek; to appoint Michael M. Mattox a com¬
missioner upon the Ohoopie river, in the place of Shadrach
Hancock, removed; and to appoint additional commissioners
on the Ohoopie river, in the county of Tattnall, and for oth¬
er purposes, &c.
479
An act lO point out and regulate the manner of taking tes¬
timony by commissioners, in certain cases.
An act to amend the act to extend to all persons impris¬
oned for debt, the privilege of prison bounds, approved the
22d day of December, 1821, and the amendatory act thereof,
approved the 24th December, 1821.
An act to authorize the Mayor and Council of the city of
Columbus to define the limits of Bay street, in said city ;
and to lay off a portion of said street, and of the north com¬
mon of said city, into watef lots and to dispose of the same.
An act to alter and amend the forty-third section of the
fourth division of the penal code.
An act to alter and change the name of Salem, the county
site of Dade county, to that of Trenton.
An act to make deaf and dumb persons idiots in law, so
far as to authorize the appointment of guardians, in certain
cases.
An act to regulate and appropriate the common school
fund, so far as respects the county of Wilkinson.
An act to alter and amend the thirteenth section of the
tenth division of an act, entitled an act to reform, amend
and consolidate the penal laws of the State of Georgia, ap¬
proved December 23d, 1833.
An act to regulate elections in the county of Sumter; and
to repeal all laws authorizing or creating election precincts
in said county ; and to establish a precint in the county of
Twiggs, at Higgsville.
An act to authorize the purchasers of city lots, and lots of
land within the reserves of the city of Macon and Colum¬
bus, and which have become forfeited to the State, to grant
the same, upon paying up the principal and interest due on
said purchases.
An act to alter and amend the eighth section of the
Judiciary act of this State, passed the 16th February, 1799 ;
and to define more particularly the fees of Clerks.
An agt amendatory of an act, entitled an act to appoint
commissioners for the Washington County Academy, and to
make the same a body corporate ; assented to the 30th No¬
vember, 1819.
An act to require the sheriffs and coroners of the county
of Muscogee, to hold their sales at the market house in the
city of Columbus, and to prescribe the amount in which
they shall give bond and security for the faithful perform¬
ance of their duties.
An act to authorize Shubal Tenney, to open and keep
open the North Oconee river, from Athens to Chandler's
Bridge • and to vest in him, his heirs and assigns, the said
right for the term of ten years; and to fix the maximum
rates of transporting lumber, wood and produce, thereon.
480
An act to alter and change the name of Madison Greenlea
Todd, to that of Madison Greenlea Bryan, of Dooly county.
An act to point out aud regulate the manner of taking tes¬
timony by commissioners, in certain cases.
An act to alter and change the place of holding elections,
in the county of Pulaski.
An act to establish additional election precincts, in the
county of Irwin and Campbell; and to change an election
precinct in the county of Marion.
The House took up the report on the reconsidered bill of
Senate, to amend the act incorporating the Georgia Rail
Road and Banking Company The report was amended
and agreed to, and the bill passed.
Also—the report on the bill of Senate, to revise, amend
and consolidate the rules for the Government of the Peni¬
tentiary of the State of Georgia; and agreed thereto.
The bill was read the third time and passed.
Also—the report on the reconsidered bill of Senate, to
incorporate the Milledgeville Turnpike or Rail Road Com¬
pany. The report was amended and agreed to, and the
bill passed.
Leave of absence was granted for the balance of the ses¬
sion, to Messrs. Ford of Cherokee, Mann of Tattnall, Bryan
of Wayne, Stiles and Anderson of Chatham, on account of
indisposition in their families; and to Mr. Nixon, on account
of indisposition.
The House took up the reconsidered bill of Senate, to re¬
peal the second section of an act, passed in December 1830,
making an appropriation for the benefit of the University of
Georgia; when, on motion, it was indefinitely postponed.
The following message was received from the Senate, by
Mr. Bailey, their Secretary, to wit:
Mr. Speaker:—The Senate has passed the following bill
from the House of Representatives by substitute, in lieu of
the original bill; to which the concurrence of the House of
Representatives is desired.
A bill to repeal an act to incorporate the Bank of Darien,
passed 15th of December, 1818; and also, an act to extend
the charter of the Bank of Darien, and the acts now in force
amendatory thereto, passed 19th December, 1834, and to
provide for the settlement of the affairs of said bank.
Mr. Flournoy, of Washington, introduced a resolution,
which was read and agreed to, directing the Clerk to inform
the Senate that the House of Representatives will be ready
to adjourn at eight o'clock, P. M., sine die.
Mr. Stroud of Walton, introduced the following resolution,
which was read and agreed to:
Resolved by the Senate and Mouse of Representatives of the
State of Georgia, in General Assembly met, That the Treasur-
481
er of the poor school fund of the county of Walton, pay over
all unexpended balance in his hands, for the year 1837, to
the Justices of the Inferior Court of said county; and that
the same be added to and become a part of the present poor
school fund of the county of Waltonj and that the same be
expended in conformity with an act passed at the present
session of the General Assembly, in relation to the system
of poor schools.
Mr Stephens laid on the table the following resolutions;
which were read and agreed to.
Whereas, the Legislature of this State, in the year 1784,
appropriated twenty thousand acres of the first quality
of land in several counties of this State, for the laudable,,
wise and patriotic purpose of founding a university of learn¬
ing within its limits, wherein her sons might be taught the
arts and sciences, and have all the opportunities of obtaining
a thorough education, without being dependent therefor upon
foreign institutions : And whereas, subsequently to the ap¬
propriation of said lands, and in pursuance of the object
contemplated thereby, such university has been founded and
chartered : And whereas, the lands so appropriated, have at
different times been sold and conveyed, in pursuance of vari¬
ous acts of the Legislature, and a large amount of the proceeds
of the sale of the same have at different times been received
into the treasury of the State : And whereas, it is not only
the pride and honor of all free States to aid in the diffusion
of knowledge, the encouragement of learning, and the pro¬
motion of education, and to cherish and foster the higher
schools of science, but has been made the constitutional
duty of the General Assembly of Georgia, sanctioned by the
experience, virtue, intelligence, and patriotism of our Revo¬
lutionary fathers, to provide effectual measures for the im-
• provement and permanent security of the funds, and endow¬
ments of such institutions.
And whereas, the Legislature, in pursuance of such high
obligations, has from time to time since the adoption of the
Constitution, given to the university aforesaid, various dona¬
tions and additional endowments, some seeming to be in
lieu of the interest accruing annually on the funds of the
university received into the treasury of the State, and others,
as original endowments And whereas, experience has
shown, that for the better securing the great objects intended
by the'founders of the institution, it should be entirely sep¬
arated from the precarious action of the General Assembly,
as well in its fiscal concerns, as -in its general government
and regulations, which could much better be confided to the
management and direction of its board of trustees, and that
its funds of original and subsequent endowments, as far as
the same have been received into the treasury of the State,
should be turned over to the board of trustees, to be by
31
<4S2
tlrem permanently invested, in such way, and in such stocks',
as may appear to them most conducive to the advancement
of the interest of the high trusts committed to their charge.
In pursuance, therefore, of these objects, and for the
better securing these ends, as well for the disconnection of
the affairs and funds of the university, from the treasury of
the State, as for the settlement of its permanent endowment
hereafter, as originally contemplated by its founder, and as
enjoined by the Constitution.
Be it therefore resolved by the Senate and House of Repre-
sentativcs of the State of Georgia, in General Assembly met, That
within three months after the passage of this resolution, it
shall be the duty of the Governor to appoint three fit and
suitable persons to examine into the history of the University
of this State from its earliest establishment, and to ascertain
the amount of the various donations and endowments to the
same, made at different times by the Legislature, and the
aggregate of the several annual receipts into the treasury of
the State' and the Central Bank, on account of the Univer¬
sity funds, or proceeds of bonds taken at the sale of said
land, and also the several annual appropriations made from
the treasury, to meet the current expenses of the College,
keeping each, the special and the annual appropriations sep¬
arate and distinct, and to make an accurate and equitable
account between the treasury and University, for such re¬
ceipts into the former, and annual appropriations to the lat¬
ter, by computing and compounding the interest at the law¬
ful rates of this State annually, on the amounts so received
into the treasury, as well as on the annual appropriations so
made to the College, to ascertain the amount, which upon
equitable settlement or account, so made between the treas¬
ury and University, shall then be due to the latter, and
whose duty it shall be to report the same to the Governor.
And be it further resolved, That the result of such investiga¬
tion be reparted by the Governor to the next General As¬
sembly ; that such action may then be had in relation to the
object of these resolutions, as may seem most suitable and
proper for effecting the ends contemplated by their adoption.
The following message was received from the Senate, by
Mr. Bailey, their Secretary :
Mr. Speaker:—The Senate refuses to recede from the
amendments of the Senate to the bill of the House, to ap¬
propriate money for the political year 1841, but adheres to
the same.
The House took up the following resolutions of the Senate,
to wit:
Whereas, in a government like ours, based upon the will
of the people, resting upon their love, and supported by a
483
deep and patriotic devotion to liberty and equal rights—a
frequent recurrence to first principles cannot but be useful
and tend greatly, amid the shocks of contending parties, to
preserve our Constitution in its purity and strength: And
whereas, recent indications warrant a reasonable apprehen¬
sion that active exertions are now making in various parts
of the United States, to induce the Congress of the United
States to take upon themselves the exercise of powers in vi¬
olation of the Constitution. Therefore,
Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That the Govern¬
ment of the United States is one of delegated and limited
powers, and cannot, without 'usurpation, exercise any power
not expressly granted by the Constitution; or which is ne¬
cessary, as a means, to carry into effect a power granted in
that instrument; that is to say, "as a means without which
the delegated power would be nugatory."
Resolved, That the State Government, deriving its powers
directly from the people, may constitutionally do any thing
for the benefit and interest of the people, which is not pro¬
hibited by the Constitution of the State, or of the United
States.
Resolved, That the power to charter a bank, or other cor¬
poration, is not granted to Congress by the Constitution, and
is not necessary to carry into effect any power granted by
that instrument.
Resolved, That the power to impose a Tariff for the pro¬
tection of -domestic manufactures; or to appropriate the
public revenue for internal improvements in the several
States, is not granted to Congress by the Constitution, and
is not necessary to carry into effect any power granted by
that instrument.
Resolved, That the exercise of any such powers, is fraught
with manifest injustice, injury, and ruin, to the prosperity of
the Southern States, and dangerous to the continuance of
this Union.
Mr. Chipley offered the following as a substitute for the
third section of the original preamble and resolutions :
Be it further resolved by the authority aforesaid, That the es¬
tablishment of a national bank is expedient and proper for
the collection, safe keeping and disbursement of the public
revenue • and that such an institution is necessary to the per¬
manent welfare and prosperity of the people of the United
Whereupon, on motion of Mr. Hardage, the yeas and
nays were ordered to be recorded, and are yeas 74, nays 64.
Those who voted in the affirmative, are Messrs.
States,
•Anderson of War- Bell,
ren,
Bigham,
Black,
Boynton,
Bryan, of Houston, Ford of Lee, Moore,
Bryan of Wayne, Franks, Morris of Cobb,.
Burt, Hagerman, Osborne,
Chappell, Hardeman, Pitman,
Chester, Hardman, Preston,
Chipley, Hardy, Pryor,
C ovenah, Harrison of Putnam,Rea,
Cooke, Hines, Richardson,
Craft, Hitchcock, Robinson of Laurens-
Crawford of Ogle- Hubbard, Sapp,
thorpe, Johnson of Troup, Sermons,
Cutright, Jones of Columbia, Stephens,
Daniel of Thomas, Jones, of Harris, Stroud, of Clark,
Darden of Troup, King,
Darden, of Warren, Loyal!,
Davenport, Lynch,
Delauney, Mann of Tattnall,
Dickson of Talbot, Maxwell,
Dodson, May of Warren,
Emanuel, McCall,
Flournoy, of Mus- McCrimmon,
cogee, McGahagan,
Flournoy of Wash- MeMillian of Tho's,Wingfield,
ington, Meadows, Wooten.
Those who voted in the negative, are Messrs.
Anderson of Chat- Harrison of Ran- Murpheyof DeKalb
Murphey of Wilkin¬
son,
Neal,
Palmer,
Pettee,
Price,
Read,
Roberts,
Taylor,
Toombs,
Trayler,
Waldhour,
Wales,
Warren,
West,
White, of Jasper,
Williams of Harris,
ham, dolph,
Anderson, of Frank-Harris,
lin,
Atkinson,
Beavers,
Brown of Fayette,
Carlton,
Carroll,
Chandler,
C oilier,1
Hatcher,
Hendry,
Hibbert,
Hotchkiss,
Howard,
Hunter,
Crawford of SumterKeaton,
Johnson of Appling, Robinson of Jasper,
Jones of Franklin, Sanders,
Crutchfield,
Dark,
Dawson,
Dixon, of Walker,
Dufour,
Erwin,
Espy,_
Gathright,
Hall,
Hammond,
Hardage,
Lawson,
Lefils,
Liddle,
Mays of Cobb,
McDuffie,
Shropshire,
Smith,
Stone,
Stroud of Walton,
Sumner,
Tanner,
McMillen of Jacks onThompson,
Millen,
Mitchell,
Moon,
Morris, of Murray,
Moultrie,
Towles,
Welborne,
Whitfield,
Wilsom
So the substitute was received.
485
On the motion to postpone the preamble and resolutions;,
as amended, indefinitely, Mr. Roberts called for the yeas
and nays, which were recorded as follows—yeas 61, nays 76.
Those who voted in the affirmative, are Messrs.
Anderson of Chat'm] Harris, Murphey of DeKalfe
Anderson of Frank- Hatcher, Murphey, of #Wil-
hn, Hendry, kinson,
Atkinson, Hibbert, Neal,
Beavers, Hotchkiss, Palmer,
Brown, of Fayette, Howard, Price,
Bryan of Wayne, Hunter, Read,
Carlton, Johnson of Appling,Roberts,
Carroll, Jones of Franklin, Robinson of Jasper*
Chandler, Keaton, Sanders,
Collier, Lawson, Shropshire,
Crutchfield, Lefils, Smith,
Dark, Liddle, Stone,
Dawson, Martin of Gwinnett, Stroud, of Walton®
Dixon, of Walker, Mays of Cobb, Sumner,
Dufour, McDuffie, Tanner,
Erwin, Millem, Thompson,
Gathright, Mitchell, Towles,
Hall, Moon, Welborae,
Hammond, Morris, of Murray, Whitfield,
Hardage, Moultrie, Wilson.
Those who voted in the negative, are Messrs.
Anderson of War- Davenport, King,
ren, Delauney, Loyali,
Bell, Dickson of Talbot, Lynch,
Bigham, Dodson, Maxwell,
Black, Emanuel, May, of Warren®
Boynton, Espy, McCall,
Bryan, of Houston, Flournoy of Mus- McCrimmon,
Burt, cogee, McGahagam,
Chappell, Flournoy of Wash- McMillian of
Chester, ington, Thomas,
Chipley, Ford, of Lee, Meadows,
Govenah, Franks, Moore, ,
Cooke Hagerman, Morris, of Cobb,
(jraft Hardeman, "Osborne,
Crawford, of Ogle- Hardman, Pitman,
thorpe, Hardy, Preston,
Crawford, of SumterHarnson of Putnam,Pryor,
Credille, , gea' ,,
Cutriuht Hitchcock, Reynolds,
Daniel of Thomas, Hubbard, Richardson,
Darden of Troup, Johnson, of Troup, Robinson of Laurens
X) arden of W arren., J ones., of Harris,, Sapp,
48G>
Sermons,
Stephens,
Stuart, of Ware,
Stroud, of Clark,.
Taylor,
Toombs,
Trayler,
West-,
Waldhour,.
Wales,
Warren,.
White, of Jasper,-
Williams of Harris,,
Williams of T albat,
Wooten.
So the motion was lost-
Mr. Chipiey moved to agree to the resolutions as amend¬
ed ; whereupon, on motion of Mr. Tanner, the yeas and
nays were ordered to be recorded; upon the call of which,,
it appeared there was not a quorum of the House present.
The House was then adjourned to 3 o'clock, P'. M.
The House met pursuant to- adjournment.
The House resumed the unfinished busines of the fore¬
noon, being the call for the yeas and nays upon the passage-
©f the resolutions of the Senate, in relation to the United
States Bank, Tariff, &c.
The call being withdrawn, the resolutions were declared/
to be agreed to.
Mr Darden, from the committee appointed to examine the
Journals of the House of Representatives, made the follow¬
ing report:
That they have examined the Journals recorded by the-
engrossing clerk, and take pleasure in expressing our appro¬
bation of the correctness and neatness of its execution : that
the Journals have been recorded and examined up to the
7th instant, inclusive. The heavy mass of matter., (and par¬
ticularly since the evening and night sessions have commenc¬
ed,.) has swelled the Journals to a voluminous size, and could
not be recorded by one clerk.
We, therefore, recommend that thirty days be allowed.
James R. Sneed, Engrossing Clerk, to complete the same
and that fifteen days be allowed the Clerk of the House of
Representatives to finish the business cf the House; which,
was read and agreed to.
The following message was received from the Senate, by
Mr. Williams, their Secretary, pro tem.
Mr. Speaker:-—The Senate has passed the following bills-
®f the House of Representatives, to wit:
A bill to change the name of the Farmers Bank of Chat¬
tahoochee, and. for other purposes*
Three o'clock, P. M.
487
A bill to cause the line between the counties of Walker
and Dade to be run, and to provide for the payment of the
same.
A bill for the relief of William W. Stanford.
A bill to compel persons who reside without the limits of
this State, \vho owns, or may hereafter own, a plantation
and slaves, in any of .the counties of this State, to give in
and pay taxes for the same, in the county where the same
are situated.
A bill to regulate the letting out and discontinuing of
bridges, in the county of Hancock.
A bill to authorize David D. Bostwick, to keep up a ferry
across the Ocmulgee river, near the Long Shoals, on his
own land.
Also—have agreed to the amendments of the House of
Representatives, to the bill to incorporate the Milledgeville
Turnpike Company.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary :
Mr. Speaker: His Excellency the• Governor, has assented
to and signed the following acts which originated in this
branch of the General Assembly, to wit:
An act to alter and amend the ninth section of the Judi¬
ciary act of 1799., and the first section of an act relative to
Executions, passed December 14th, 1811.
An act to repeal so much of an act, passed the 25th De¬
cember, 1837, as relates to the consolidation of the offices
of tax collector and receiver of tax returns of the county of
Eloyd.
An act to authorize the Clerk of the Inferior Court of the
county of Clark, to advertise Estrays., in one of the gazettes
published in Athens.
An act for the relief of securities.
An act to regulate the trial of divorce cases.
An act ,to change the place of holding elections in the
county of Talbot, from the houses of R. A. Hall and Theo-
dorick Mumford, to the house of Robert Carson, in said
.county; and to establish an election precinct in the county
of Hall.
An act to authorize Thomas R. Huson and Company, to
erect a bridge across the river Etowah, in the county of Cass,
rUnd to charge and collect toll at the same.
An act to authorize the Justices of the Inferior Court of
Oglethorpe county, to levy and collect an extra tax for the
■ purpose of building a new jail in said county.
An act to amend an act, entitled an act to incorporate the
Habersham Iron Works and Manufacturing Company, pass¬
ed 25th December, 1837.
An act to authorize his Excellency ;the Governor, to cause
to be paid oyer to the proper authorities of the several cotm-
488
ties of the State, all money due the academic or poor'school
fund of said counties, under the acts of 1837, 1838, or any
previous acts.
An act amendatory to an act relative to the several tax
laws of this State, which was approved on the eighth day of
December, 1810.
Mr. Stone, from the Enrolling Committee, reported as duly
enrolled.'
An act to incorporate a volunteer corps of Riflemen, in the
eity of Augusta, &cv
An act to add certain fractions therein named, to Paulding
county.
. An act to extend the corporate limits of the town of Tal-
botton.
. An act to incorporate the Shearer Springs, in Henry coun¬
ty ; and to constitute the resident, board of trustees of the
Mercer ■ University, Commissioners of the town of Penfield,
in Greene county.
An act to.. incorporate the Habersham and Union Turn¬
pike company, and togrmtf certain privileges to the same.
An act amendatory of an act, entitled an act to authorize
the Justices of the Inferior Court of the several counties in
this State, to create and lay out any new districts, or change
and alter the lines of those already laid out, assented to on
the 23d December, 18-3-9.
An act to incorporate the Presbyterian Church of Ros-
well, C obb. county.
An act to authorize Stith H. Ingram, to establish a ferry
across Little River, on his own land,, and to fix the rate of
toll for the same.
An act to incorporate the Methodist Episcopal Church, at
New Hope, in Lincoln county, and to appoint trustees for
the same; and to incorporate Piney Grove Baptist Church,
in Richmond county, and appoint trustees for. the same.
An act to alter and fix the time of holding the Superior
Courts of the Eastern district.
An act for the relief of John H. Mount. .
An act to incorporate the Cross Plains and Red Clay
Branch Rail Road Company of Georgia.
An act to amend the rent laws of this State, so far as re-
• lates to the city of Augusta ;■ to confirm the purchase of the
bridges across: the Savannah river at Augusta, by the city
council of Augusta ;• and to legalize the scrip issued in pay¬
ment of the same to confirm to the said city council certain
privileges relative to said bridges ; further to define the qual¬
ifications and disabilities of members of said city council ?
to-change the time of holding the summer and fall sessions
of the Court of Common Pleas: of the city of Augusta; to
authorize the Clerk of the city council of Augusta, in certain
cases, to act as clerk of said Court of Common Pleas; and
489
to exempt the mayor and city council of Augusta, and the
members of the Augusta Independent Fire Company, from
the performance of certain duties therein specified ; and for
other purposes in said act contained.
An act to be entitled an act, to incorporate the first Pres¬
byterian Church of Savannah.
An act to repeal an act, entitled an act to prevent the
several* banks of this State from selling or disposing of Ex¬
change, at a higher rate per cent, than herein expressed,
under certain conditions ; and to prescribe the mode of pun¬
ishment for a violation of the same, assented to 23d Decem¬
ber, 1839.
An act to be entitled an act to amend an act, entitled an
act to authorize the sheriffs of the counties of Decatur, Thom¬
as, Lowndes, Ware and Wayne, to sell the fractions in said
counties, and for other purposes, passed the 25th Decem¬
ber, 1839.
An act to prescribe the duties of Attorneys, in entering up
judgnients ; and the duties of clerks and sheriffs, in relation
to Executions.
An act to incorporate the village of Palmyra, in the county
of Lee, and to appoint commissioners for the same.
An act to extend the corporate limits of the town of Ath¬
ens, in the county of Clark, aud to change the place of hold¬
ing the election for officers of the corporation, in said town.
An act to amend the act incorporating the Georgia Rail
Road and Banking Company.
An act to regulate the letting out. and discontinuing of
bridges, in the county of Hancock.
An act to cause the line between the counties of Walker
and Dade, to be run, and to provide for the payment of the
same.
An act to amend an act, to incorporate the Mossey Creek
Methodist Camp Ground, in the county of Habersham, pass¬
ed December 24th, 1832, and to appoint trustees for said
Camp Meeting Ground.
The following message was received from the Senate, by
Mr. Williams, their. Secretary, pro tern.
Mr. Speaker:—The Senate has passed the bill authorizing
his Excellency the Governor, to draw his warrant on the
Treasury in favor of the tax collector of such counties as
have paid over their tax into the State Treasury under the
act of 1839, which his Excellency the Governor, refused to
sign, with amendments; to which the concurrence of the
House of Representatives is desired.
Also—Has agreed to a resolution authorizing his Excel¬
lency the Governor, to draw his warrant on the Treasury, in
favor of Thomas Hoxey, for four hundred and thirty-two
490
dollars; to which the concurrence of the House of Repre¬
sentatives is desired.
Mr. Toombs, from the Select Committee, to whom was
referred the message of his Excellency the Governor, in re¬
lation to the claim of Peter Trezevant, made the following
report, which was read and agreed to.
The committee to whom were refered the communication
of his Excellency the Governor, touching the claim of Peter
Trezevant, have had the same under consideration, and beg
leave to report the following resolution, to wit:
Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That the commis¬
sioners to whom were referred the claim of Peter Trezevant
against the State of Georgia, be and they are hereby request¬
ed to report upon said claim, on the first day of the next
session of the General Assembly of this State, or so soon
thereafter as practicable.
The following message was received from the Senate, by
Mr. Williams, their Secretary, pro tem.
Mr. Speakery—The Senate has passed the following bills,
to wit:
A bill to enable persons owning lands, to maintain the ac¬
tion of trespass, without being in the actual possession or
occupancy thereof.
A bill to alter the militia laws of this State, so far as
relates to the 27th and 23d Regiments, in the county of
E ranklin.
A bill to provide payment for individuals who taught
school in the county of Hall, under the provision of the poor
school law, in 1838, who have not been paid.
A bill to alter and amend the third, seventh and twelfth
sections of the first article, and third section of the third ar¬
ticle, and the fifteenth section of the fourth article of the
Constitution.
A bill to set apart a fund for the payment of the interest
of the public debt of the State of Georgia, and the gradual
reduction and ultimate payment of the principal.
Also—The following substituted bill:
A bill to incorporate the village of Jacksonborough, in the
county of Scriven, and to appoint commissioners for the same.
Also—The bill to repeal an act, to alter and amend an
act, entitled an act more effectually to secure the solvency of
all the banking institutions in this State, as passed on the
24th December, 1832, assented to 21st December, 1833;
with amendments—to which the concurrence of the House
of Representatives is desired.
The Senate having reported their refusal to recede from
their amendment to the bill of the House, to appropriate
money for the political year 1841, to pay the salaries of the
491
commissioners- of the Western and Atlantic Rail Road, in
State bonds, the House took up the same, and persisted in.
their disagreement.
The House receded from their disagreement to the amend¬
ment of the Senate to the same bill, appropriating one hun¬
dred and thirty-two dollars to James S. Park, for certain
services.
The House took up the substitute of the Senate to the bill
of the House, to repeal an act entitled an act, to incorporate
the Bank of Darien, passed the 15th day of December, 1818j
and to provide for the settlement of the affairs of said bank.
And upon motion to agree thereto, the yeas and nays
were ordered to be recorded, on motion of Mr. Lefils, and
are yeas 51, nays 70.
Those who voted in the affirmative, are Messrs.
Mitchell,
Anderson, of Frank-Hardage,
lin, Harrison, of Ran
Beavers, dolph,
Bentley, Harris,
Brown, of Fayette, Hatcher,
Hendry,
Hibbert,
Hotchkiss,
Howard,
Hunter,
Jones of Franklin,
Keaton,
Lawson,
Carlton,
Carroll,
Chandler,
Crutchfield,
Dawson,
Dixon of Walker,
Dufour,
Erwin,
Flournoy, of Mus- Lefils,
cogee, Liddle,
Franks, Mays of Cobb,
Gathright, McDuffie,
Hall, McMillen of Jack- Wilson.
Hammond, son,
Those who voted in the negative, are Messrs.
Anderson of WarrenCredille, Hardman,
Moon,
Morris of Murray,
Murphey of DeKalb
Neal,
Palmer,
Pitman,
Roberts,
Sanders,
Smith,
Stuart, of Ware,
Stroud of Walton,
Sumner,
Tanner,
Thompson,
Welborne,
Williams ofBulloch,
Bethea,
Black,
Bryan of Houston
Burt,
Chap pell,
Chester,
Chipley,
Covenah,
Cooke,
Crawford, of Ogle- Ford, of Lee,
thorpe Haoerman
Cutright, Hardy,
Daniel of Thomas, Harrison of Putnam,
Dstrden of Troup, Hines,
Darden of Warren, Hitchcock,
Davenport, Hubbard,
Davis, Jones of Columbia,
Dickson of Talbot, Jones of Harris,
Dodson, King,
Emanuel, Loyall,
Lynch,
Maxwell,
Crawford of SumterHardeman,
May of Warren,
492
McCrimmon,
McGahagan,
McMillian, of
Thomas,
Meadows,
Moore,
Morris of Cobb,
Nash,
O'Neal,
Osborne,
Preston,
Price,
Pryor, Stroud of Clark,
Pea, Taylor,
Reynolds, Thomas,
Richardson, Toombs,
Robertson ofColum-Trayler,
bia, Wales,
Robinson of Lau- Walker,
rens, White, of Jasper,
Sapp, Whitworth,
Shaw, Williams, of Harris,
Stephens, Williams of Talbot*
Stewart of Mcintosh
So the House refused to accept the substitute.
The House then adjourned to seven o'clock, this evening.
Seven o'clock, P. M.
The House met pursuant to adjournment.
Mr. Hardeman introduced the following resolution, which
"was read and agreed to:
Resolved, That Lucien La Taste be appointed Clerk of
the House of Representatives, pro tem.
The following message was received from the Senate, by
Mr. Williams, their Secretary, pro tem.
Mr. Speaker:—The Senate has passed the following bills,
to wit:
A bill to raise a tax for the support of Government for the
year 1841, and from thence afterwards.
A bill to repeal an act entitled an act, to add a part of
Newton county to Jasper county, assented to 22d Decem¬
ber, 1834; and also to transfer certain suits from the county
of Jasper to the county of Newton.
Also—A bill to repeal an act entitled an act to alter and
amend an act, to establish a Bank at Milledgeville, to be
called and known by the name and style of the Central Bank
of Georgia, &c., passed on the 22d day of December, 1828,
passed the 21st day of December, 1839; and to provide for
the circulation of said bank, and for other purposes; with
amendments to which the concurrence of the House of Rep¬
resentatives is desired.
Also—Has receded and concurred with the House of
Representatives, in the amendments to the Appropriation
Bill.
Mr. Toombs introduced the following resolution, which
was read and agreed to:
493
Resohedy That both branches of the General Assembly
meet in the Representative Chamber, at nine o'clock, this
evening, for the purpose of electing seven Directors on the
part of the State, for the Bank of Darien.
The resolutions introduced by Mr. Delaun'ey, requesting
our Senators and Representatives in Congress to urge upon
the General Government, the immediate investigation of the
claims preferred by the citizens of this State, respecting
outrages committed upon the lives and property of the in¬
habitants settled upon the south western frontier of Georgia,
&c., were taken up, read and agreed to.
Mr. Shropshire's resolution, introduced at a previous day
of the session, requesting our Senators and1. Representatives
in Congress, to exert their influence to procure an appropri¬
ation of one hundred and eighty-six dollars, for the payment
of Dennis Hills, for services rendered as issuing commissary
to Majors C. H. Nelson's and Paine's battalions, while in
the service of the United States; was taken up, read and
agreed to.
The following message was received from the Senate, by
Mr. Williams, they Secretary, pro tern.
Mr. Speaker:—The Senate has refused to recede from the
amendment to the bill to repeal an act, entitled an act to in¬
corporate the Bank of Darien, passed the 15th day of De¬
cember, 181S; and also, an act entitled an act to extend
the charter of the Bank of Darien, and the act now in force
amendatory thereto, passed the 19th December, 1834; and
to provide for the settlement of the affairs of said Bank.
Also—Has concurred with the House of Representatives
in the resolutions relating to the claim of Peter Trezevant;
with amendments.
To which the concurrence of the House of Representa¬
tives is desired.
Mr. Millen, in behalf of himself and others, presented the
following protest; which was ordered to be entered on the
Journal.
We the undersigned, opposed to a National Bank, claim
as a right to protest against the proceedings of a majority of
the House of Representatives, in relation to the passage of
a resolution favoring the chartering of snch an institution. _
Whereas, certain resolutions opposed both to the consti¬
tutionality and expediency of a National Bank; and also in
opposition to a high protective Tariff, were introduced
from the Senate into the House of Representatives: And
whereas a certain amendment, by way of substitute, was
nronosed and adopted in this House, by the majority fa¬
voring the chartering of such a Bank: And whereas, the
undersigned having refused to vote, from the fact that they
494
were opposed both to a National Bank and a high protective
Tariff; by which vote we must necessarily have sanctioned
the one or the other of those measures.; and believing that
by the withdrawal of the call for the yeas and nays on the
passage of the resolutions, that the resolutions would be re¬
committed in order that We could vote consistently upon the
subject; and the call having been withdrawn, and the reso¬
lutions pronounced carried, we take this means, not only of
protesting, but of recording our votes in opposition both to
the constitutionality and expediency of a National Bank, as
well as that of a high protective Tariff.
J. Millin,
S. H. Saunders,
Wm. H. Stiles,
James Roberts,
Harrison, of Randolph,
James Neal,
James Y. McDufhe,
Hendley Harris,
M. H. Gathright,
C. Hibberts,
R. O. Beavers,
J. C. Hunter,
B. Chandler,
W. M. Mitchell,
Ed. Mays,
O. Stroud,
J. P. Wellborn,
B. O. Keaton,
T. Darke,
H. H. Howard,
John W. Anderson,
F. M. Stone,
Wm. A. Hotchkiss,
A. Erwin,
M. G. Tolls,
Thos. L. Tanner,
Thos. Crutchfield,
Lewis J. Moore,
John E. Price.
G. G. Thompson,
P. E. McMillin,
Enoch Anderson, of Franklin,
P. R. Jones, of Franklin,
J. Carlton,
A. A.Williams, of Bulloch,
R. Lawson,
J. Robinson,
Alexander Hendery,
Henry Pettee,
John C. Sumner,
William G. Wilson,
H. D. Palmer,
Meredith Collier,
A. Brown,
R. T. Dawson,
Chas. D. Hammond,
Murphey, of Wilkinson, Armand Lefils,
John J. Dufore, A. J. Liddell,
Morris, of Murray, A. S. Atkinson,
R. T. Dawson, T. D. Boothe.
Mr. Hardage offered the following resolution, was read
und agreed to:
Resolved, That his Excellency the Governor, be requested
to transmit to each member of the General Assembly, a
copy of the Laws and Journals of the present session; and
that he cause such laws passed at the present session, as
are of a public nature, to be published in two of the public
gazettes in Milledgeville.
The resolutions previously introduced by Mr. Hudgins,
requesting his Excellency the Governor, to have transmitted
to Cass county, with the Laws and Journals of the present
495
Session, ten copies of Prince's Digest, and ten copies of the
Georgia Justice, for the use of the newly created districts in
Said county; also, to the county of Cherokee, ten copies
each of the aforesaid books; were taken up read and
agreed to.
The resolution previously introduced by Mr. Welborne,
requesting our Senators and Representatives in Congress, to
use their exertions to establish a weekly mail route from
Dahlonega to Blairsville, Ga., by way of Cooper's Gap, on
the Blue Ridge; and that the Governor be requested to for¬
ward a copy of this resolution to each of our Senators and
Representatives in Congress; was taken up read and agreed to.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary :
Mr. Speaker: His Excellency the Governor, has assented
to and signed the following acts, to wit:
An act to repeal an act, entitled an act to alter an act, for
the better selecting and drawing grand and petit jurors for
the several counties in this State, passed on the 7th Decem¬
ber, 1805, so far as respects the counties of Floyd, Walker,
Gilmer, Union, Lumpkin, Forsyth, Cass, Cherokee, Paul¬
ding and Cobb, assented to December 22d, 1835.
An act to extend the corporate limits of the town of Bain-
bridge, in the county of Decatur.
An act to authorize and empower the Justices of the Infe¬
rior Court of Habersham county, to levy an extra tax for
county purposes.
An act to incorporate the village of Houston, in the coun¬
ty of Heard, and to make permanent the election precinct
at said place.
An act to authorize the sheriffs of Troup county to adver¬
tise their sales in some one of the public gazettes in Colum¬
bus, Georgia, and for other purposes.
An act to establish election districts, and to alter some al¬
ready established in the several counties thereinafter named,
and to regulate the same.
An act to repeal an act to alter and fix the time of hold¬
ing the Inferior Courts in the county of Twiggs.
Aq act to authorize Seaborn N. Jones, Leonard C. Simp¬
son, and others, to plead and practise law in the several
courts of law and equity in this State; and to prescribe
their liability touching the same. _ .
An act to incorporate Bainbridge Female Academy, m
the county of Decatur.
An act to attach the volunteer company of Macon county,
called the Flint River Blues, to the second brigade of the
eighth division, G. M.
An act to make William H. Ellison, the adopted son of
496
James Ellison, of Bibb county, and to make him capable of
inheriting as heir at law to the said James Ellison.
An act to incorporate Post Oak Level Academy, of Pike
county, and appoint trustees for the same; and also, for
Amsden Academy, in Columbia county.
An act to add an additional section to the eighth division
of the penal code of the State of Georgia; and to provide
for the punishment of free white persons, for receiving stolen
goods from negroes or. free persons of color.
An act abolishing election precincts in the county of
Jasper.
An act to incorporate Beach Spring Academy, in the
county of Harris, and to appoint trustees for the same.
An act to repeal so much of an act to authorize the Justi¬
ces of the Inferior Courts of the several.counties in this State,
to create and lay out any new districts, or change and alter
the lines of those already laid out, assented to 23d December,
1839, so far as relates to the county of Cherokee.
An act to repeal the proviso of the second section of an
act, entitled an act to consolidate the offices of receivers of
returns and tax collectors, in the counties of Lumpkin, Gil¬
mer, Tattnall, Union, Pulaski, Telfair, Walker, Cherokee,
Early, Rabun, Floyd, and Paulding; assented to Decem¬
ber 25th, 1837; so far as the same relates to the county of
Lumpkin.
The House took up the amendment of the Senate to the
bill of the House, to repeal an act entitled an act, to incor¬
porate the Bank of Darien, passed the loth day of Decem¬
ber, 1818 ; and to provide for the settlement of the affairs of
said Bank—which had been disagreed to by the House.
On the motion, that the House insist upon their disagree¬
ment to said amendment, Mr. Hibbert called for the. yeas
and nays, which were recorded, and are as follows, yeas 70,
nays 43.
Those who voted in the affirmative are Messrs.
Anderson of WarrenDarden of Troup, Hubbard,
Bigham, Darden of Warren, Johnson of Troup,
Black, Davenport, Jones of Columbia,
Boynton, Dickson, of Talbot, Jones of Harris,
Brown of Houston, Emanuel, King,
Bryan of Houston, Ford of Lee, Lone,
Burt, Franks, Loyall,
Chappell, Greene of Macon,. Lynch,
Chipley, Hagerman, May of Warren,
Crawford, of Ogle- Hampton, McCall,
thorpe, Hardeman, McCrimmon,
Crawford, ofSumterHardman, McGahao-an,
Cutright, Hardy, McMillian of
Daniel of Thomas, Hitchcock, Thomas,
497
Moore,
Morris of Cobb,
O'Neal,
Osborne,
Pitman,
Preston,
Price,
Pryor,
Rea,
Reynolds,
Richardson, Trayler,
Robertson, of Co- Waldhour.
lumbia,
Sapp,
Sermons,
Shaw,
Stuart of Ware,
Stroud, of Clark,
Taylor,
Toombs,
Wales,
Walker,
White of Jasper,
Whitworth,
Williams of Harris,
Williams of Talbot,
Wingfield,
Wooten.
Those who voted in the negative are Messrs.
Anderson of Frank- Harris,
lin> Hatcher,
Beavers, Hendry,
Brown of Fayette, Hibbert,
Murphey of D eKalb
Murphey of Wilks'k
Neal,
Palmer,
Pettee,
Roberts,
Smith,
Stone,
Stroud of Walton,
Tanner,
Thompson,
Carlton, Hotchkiss,
Carroll, Howard,
Chandler, Hunter,
Collier, Jones of Franklin,.
Erwin, Lefils,
Gathright, Liddle,
Hall, Mays of Cobb,
Hammond, McMillen of JacksonTurner,
Hardage, Mitchell, Welborne,
Harrison of Ran- Moon, Williams, of Bulloch
dolph, Morris, of Murray, Wilson.
So the motion prevailed.
Mr. Stone, from the Committee on Enrolment, reports as
duly enrolled, the following bills, to wit:
An act to change the name of the Farmers Bank of Chat-
tahooche, and for other purposes.
An act to be entitled an act, to incorporate the several
Churches therein named.
An act for the relief of William H. Sanford.
An act to compel persons who reside without the limits of
.this State, who own or may hereafter own, a plantation and
slaves, in any of the counties of this State, to give in and
pay taxes for the same, in the county where the same may¬
be situated.
An act;to alter and amend an act, entitled an act to ap¬
propriate a sum of money to improve the navigation of the
Big Satilla River, passed 30th December, 1836; and to ap¬
point additional commissioners on said river.
An act to incorporate the Female Academy, in Fayette-
ville Fayette county, and to appoint trustees for the same;
and to repeal an act to incorporate Fayette County Acade¬
my, passed 2dth December, 1836; and for other purposes
therein named.
498
An act to incorporate the Irwin Factory Company, in the
county of Irwin; and also, the Lumpkin County Manufac¬
turing Company, in the county of Lumpkin.
An act to provide payment for individuals who taught
school in the county of Hall, under the provisions of the
poor school* law, in 1838, who have not been paid.
An act to consolidate the offices of tax collector and re¬
ceiver of tax returns, of the county of Effingham; and to au¬
thorize the Justices of the Inferior Courts of the counties of
Richmond and Lee, to levy an extra tax, &c.
An act to alter and amend the third, seventh', and twelfth
sections of the first article, and the third section of the third
article, and the fifteenth section of the fourth article of the
Constitution of this State.
An act to alter the militia laws of this State, so far as re¬
lates to the twenty-seventh and twenty-third Regiments, in
the county of Franklin.
An act to require the commissioners of the Western and
Atlantic Rail Road so to arrange as that at least one of them
shall always be on the road, personally supervising the en¬
gineers and contractors, &c.
An act to be entitled an act, to remove the election- pre¬
cinct from the house of John Lovejoy to the house of Alonzo
P. Morris, in the 12th district of Henry county; and estab¬
lish a precinct at Pittsburg, in the sixth district of said
county; and to establish an election precinct at the forty-
sixth district in Bulloch county.
An act to enable persons owning lands, to' maintain the
action of trespass, without being in the actual possession and
occupancy thereof, &c.
An act to repeal an act, entitled an act to add a part of
Newton county to Jasper county, assented to 22d Decem¬
ber, 1834; and also, to transfer certain suits from the coun¬
ty of J asper to the county of Newton.
An act to alter and fix the times of holding the Superior
Courts of the counties of Marion, Harris and Stewart, of the
Chattahoochee circuit; and to regulate the mode of drawing
two pannels and summoning grand and petit jurors in and
for the counties of Stewart and Talbot, in said circuit.
An act to authorize David D. Bostwick to keep up a ferry
across the Ocmulgee river, near the Long Shoals, on his
own land.
An act to be entitled an act to incorporate the village of
Jacksonborough, in the county of Scriven, and to appoint
commissioners for the same.
An act to repeal an act, entitled an act to alter and amend
an act, entitled an act more effectually to secure the solven¬
cy of all the banking institutions in this State, as passed on
the 24th December, 1832, assented to December 21st, 1833;
and further to amend an act passed on 24th December, 1832.
499
An act to impose a tax for the support of Government for
the year 1841, and from thence afterwards.
An act to incorporate the Milledgeville Turnpike or Rail
Road Company.
The following message was received from the Senate, by
Mr. Williams, their Secretary, pro tern.
Mr. Speaker :■—The Senate has passed the following bill,
to wit :
A bill to protect the slave population of the people of
the State of Georgia, by compelling vessels owned or com¬
manded by citizens of, or coming from the ports of the State
ol Maine; and the officers, seamen, and passengers thereof,
to perform quarantine ; and provide for a search thereof on
their departure—with an amendment; to which the concur¬
rence of the House of Representatives is desired.
The House took up the amendments of Senate to the fol¬
lowing resolutions of the House, and concurred therein,
to wit:
Resolutions requesting our Senators and Representatives
in Congress to use their exertions in procuring the establish¬
ment of a mail route from Irwinville, in Irwin county, to
Pinder Town, in Lee county; and requesting his Excellency
the Governor, to furnish them with a copy of this resolution.
Resolution requesting his Excellency the Governor, to
transmit with the laws and journals, five copies of Prince's
' Digest, and eight copes of Greene and Lumpkin's Georgia
Jussice, for the use of Ware county.
Resolution requesting our Senators and Representatives
in Congress, to use their exertions in procuring a mail route,
once a week, from Lafayette, in Walker county, to the coun¬
ty site of Dade; and that his Excellency the Governor, be
requested to furnish them with a copy of this resolution.
The following message was received from the Senate, by
Mr. Williams, their Secretary pro tern.
Mr. Speaker: The Senate refuses to recede from the
amendments to the bill of the House of Representatives, to
repeal the act incorporating the Bank of Darien, and the
acts amendatory thereto; and to provide for the settlement-
of the alfairs of said Bank—but respectfully adheres to the
same. , c . , .
The House took up and agreed to the report ot the select
committee upon the petition of Theophilus Bryant,_ praying
the privilege of practising physic, without an examination.
The following message was received from the Senate, by
Mr. Williams, their Secretary, pro tern. #
Mr. Speaker:—The Senate has concurred witn the House
500
of Representatives, to appoint a committee of conference,,
on the Darien Bank bill, and have appointed on their part,
Messrs. Williams, Calhoun, and Echols, "of Walton, that
committee*
Mr. Gathright introduced the following resolutions, which,
were adopted:
jResolved? unanimously, That the House of Representatives
tender to the Honorable Charles J. Jenkins, Speaker of the
House of Representatives, their unfeigned thanks for the
able, impartial, and prompt manner, in which he has dis¬
charged the various delicate and arduous duties incident to<
his office, during the present session.
And be it further unanimously resolved, That the thanks of
this House be tendered to the Clerk and Assistant Clerk of
the House, for the assiduous, faithful and satisfactory
manner, in which they have discharged the duties of their
office.
The Speaker appointed. Messrs Leffis, Toombs and Har¬
deman, a committee, to confer with such committee as may
be appointed on the part of the Senate, in relation to the dis¬
agreement of the House to the amendment of the Senate, to-
the bill of the House, to repeal an act to incorporate the Bank
of Darien, &c.
The House took up and concurred in the resolution of the
Senate, to authorize the Governor to forward eight copies of
Prince's Digest, and eight copies of Greene and Lumpkin's
Georgia Justice, to the county of Union.
Also, to a resolution authorizing the Governor to have the
grave of the Honorable James Thompson, late Senator from
Walker, enclosed with a monumental tomb, and pay for the
same out of the contingent fund.
Also, to the report of the Committee on Finance, on the
reports of the Comptroller-General and Treasurer of the
State of Georgia.
The following resolutions of the Senate were severally
taken up and concurred in :
That his Excellency the Governor, be authorized to allow
John R. Cotting, the full and entire use of the Geological
Department of this State, together with all. the instruments,
apparatus, and privileges appertaining to the same, so far
as may be necessary for completing the Geological Survey
of this State, at his expense, &c.
Resolution authorizing his Excellency the Governor, to
pay the funeral expenses of the Honorable Horatio Webb,
member of the House of Representatives, from the county
of Jackson, out of the contingent fund; and that he cause a
durable monument to be erected over the grave, correspond¬
ing with that erected over the grave of the Honorable Rob¬
ert Brown, late Senator from Murrray county.
501
Resolution requesting his Excellency the Governor, to
have the two portraits hanging in the Senate Chamber, se¬
cured so as to prevent their falling; and that the same be
paid out of the contingent fund.
Resolution authorizing his Excellency the Governor, to
draw his warrant in favor of Thomas Hoxey, for the sum of
four hundred and thirty-two dollars, on the contingent fund,
being the principal, interest, and cost of a suit, James Y.
Smith vs> Thomas Hoxey.
Resolution requesting his Excellency the Governor, to
have printed for the use of the next General Assembly, five
hundred copies each, of the several Bank Reports for Octo¬
ber, 1841; and three hundred and fifty copies each, of the
Treasurer's and Comptroller-General's Reports, for said
year, &c.
They have also concurred in the report of the select com¬
mittee to whom was referred the communication of his Ex¬
cellency the Governor, in relation to the record of Grants in
the office of the Secretary of State, from the year 1783 to
1792.
The following message was received from the Senate, by
Mr. Williams, their Secretary, pro tem.
Mr. Speaker:—The Senate has concurred in the following
resolutions, to wit:
The report of the Joint Standing Committee on the state
of the Republic, in relation to the difficulty between Georgia
and Maine.
A resolution requesting his Excellency the Governor, to
send to Cass county, ten copies of Prince's Digest, and ten
copies of the Georgia Justice j and two copies of each to
Cherokee county.
A resolution requesting his Excellency the Governor, to
send a copy of the laws and journals to each member of the
Legislature.
A resolution requesting our Senators and Representatives
in Congress to have a weekly mail route, to be carried on
horse back, from Dahlonega to Blairsville, Georgia, by way
of Cooper's Gap, on the Blue Ridge.
It was resolved, that when the House adjourn, it adjourn
until seven o'clock, to-morrow morning.
The House then adjourned until 7 o'clock, to-morrow
morning.
502
WEDNESDAY, December 23, 1840.
The House met pursuant to adjournment.
The following message was received from the Senate, by
Mr. Williams, their Secretary pro. tern:
Mr. Speaker—The Senate has concurred with the House
of Representatives in the passage of the following resolu¬
tion, to wit:
A resolution bringing on the election of certain Directors
for the Darien Bank, with an amendment, to which the con¬
currence of the House of Representatives is desired.
Mr. Stone, from the Committee on Enrollment, reports
as duly enrolled—
An act for the relief of William Conyers and James H.
Martin, securities of Harbert Raney.
An act to alter and fix the line between the counties of
Marion and Muscogee.
An act to extend the time for fortunate drawers in all the
land lotteries and in the gold lottery, to take out their grants,
except in the counties herein excepted.
An act to appropriate money for the political year eighteen
hundred and forty-one.
An act to be entitled an act to set apart a fund for the pay¬
ment of the interest of the public debt of the State of Geor¬
gia, and the gradual reduction and ultimate payment of
the principal.
The House took up the amendment of the Senate to the
resolution of the House bringing on the election of seven Di¬
rectors of the Darien Bank this day, at 9 o'clock, and con¬
curred therein.
Mr. Lefils from the committee of conference with the Sen¬
ate, on the part of this House, upon the subject of the disa¬
greement of the two houses upon the bill touching the Dari¬
en Bank, beg leave to—
Report, that they cannot agree, and your committee recom¬
mend that the House still insist upon its disagreement with
the Senate's amendment, and that the House proceed this
morning to elect seven Directors for the Bank of Darien, as
soon as the Senate shall have concurred in the resolution of
this House for that purpose, upon which latter point the com¬
mittee on the part of the Senate concur—which was read
and agreed to.
The House then adjourned until 9 o'clock this morning.
503
Nine o'clock, A. M.
The House met pursuant to adjournment.
The following message was received from his Excellency
the Governor, by Mr. Home, his Secretary:
. Speaker—His Excellency the Governor has withheld
his assent to the following acts, to wit:
An act to amend the 2d section of an act entitled an act
for the better protection of Orphans and their estates, passed
on the 18th day of February, 1799, approved 22d Decem¬
ber, 1828.
An act for the relief and benefit of Edmund McCubbins,
praying for a lease on the State's interest in lot of land No.
55, in the 5th district of Troup county, during his natural
life.
An act to establish an additional election precinct in the
counties of Murray and Floyd.
An act to change the name of Lemuel Ames to that of
Lemuel Smith, and certain other persons therein named.
Which I am directed to return to this branch of the Gene¬
ral Assembly, together with his communication on the sub¬
ject.
Executive Department, ")
Milledgeville, December 22d, 1840. )
I have the honor to return to the House of Representatives
with my dissent, a bill which originated in that branch of the
General Assembly, entitled an act to establish an additional
electional precinct in the counties of Murray and Floyd.—
There is no constitutional objection to this bill; but from the
provisions of the first section, some embarrassment and diffi¬
culty in holding the elections in the county of Murray might
be produced, as from its phraseology, connected with the
repealing section of the bill, it might be contended, no doubt
contrary to the intention of the Legislature, that all elections
for said county should be held at the house of James Ed¬
wards.
I also return to the same branch of the Legislature, with
my objections, a bill presented to me for revision, entitled an
act for the relief and benefit of Edmund McOubbins, pray-
in»- for a lease on the State's interest in lot of land No. 55,
imthe 5th district of Troup county, during his natural life.
The relief afforded by this act is manifestly a gratuity, which
cannot be granted but by a concurrence of two-thirds of the
General Assembly, without contravening the last clause of
the twenty-fifth section of the first article of the Constitution
of this State. The bill contains no evidence of its having
been passed by a constitutional majority, nor have I other
testimony of it.
I also return to the same branch of the Legislature a bill
504
presented for my revision, entitled "an act to amend the sev¬
eral sections of an act, entitled an act for the better protection
of orphans and their estates, passed on the 18th day of Feb-
uary, 1799, approved 22d December, 1828," with my dis¬
sent. For the reason that without some additional provision,
husbands not disposed to embarrass themselves with the
administration of an estate or estates of which their wives
may have been the representatives, might be unnecessarily
harrassed by litigation, when the court may have granted
letters to some one else. By the act of which this bill pur¬
ports to be amendatory, if a feme sole who is an executrix,
administratrix, or guardian, shall marry, her letters testa¬
mentary, of administration, or guardianship abate; but the
husband is entitled to them upon his giving bond and secu¬
rity ; and on his failure or refusal, they may be granted by
the court to any one else. The bill under consideration au¬
thorises the plaintiff to revive a suit which may have been
pending against the wife before marriage, against the hus¬
band on his failure to give bond and security according to
the statute referred to, and this may be done according to
the terms of the act under consideration, even if the Court
should have granted the administration or guardianship to
any one else.
I have the honor to return to the same branch of the Gen¬
eral Assembly, an act to change the name of Lemuel Ames
to that of Lemuel Smith, and certain other persons therein
named, with my dissent, because the act contains matter
different from that which is expressed in the title thereof.—
It not only changes the names of persons, but also legiti¬
mates some and confers on others the rights and power of
inheritance.
charles J. Mcdonald.
The following message was received from the Senate, by
Mr. Bailey, their Secretary:
Mr. Speaker—The Senate has agreed to a resolution to
appoint a committee on the part of the Senate to join such
committee as may be appointed on the part of the House of
Representatives, to wait on his Excellency the Governor and
inform him that both branches of the General Assembly will
be ready to adjourn sine die, this day, and to enquire whether
he has any further communications to lay before either
branch thereof—and have appointed on their part Messrs.
Morris, Blackshear, and M'Affee—to which the concurrence
of the House of Representatives is desired.
The Senate has concurred with the House of Represen¬
tatives in a preamble and resolutions relative to claims upon
the General Government for spoliations and depredations
made by the Creek tribe of Indians upon the property of the
people of Georgia.
505
Also, the resolution of the House of Representatives re¬
questing his Excellency the Governor to send with the Laws
and Journals, certain copies of Digests, to the county of
Cherokee.
A resolution relative to the Poor School fund in the hands
of the Trustee for the county of Walton.
A resolution requesting the Senators and Representatives
frorn Georgia in Congress, to obtain an appropriation of mo¬
ney in favor of Dennis Hill.
A resolution directing copies of the Laws and Journals of
this General Assembly to be transmitted to each member of
the Legislature.
Also, a resolution relative to the establishing a mail route
from Dahlonega to Blairsville, Georgia, by way of Cooper's
Gap on the Blue Ridge.
And has agreed to a resolution directing ,the Commission¬
ers of the Western and Atlantic Rail Road, to cause to be
made an examination of the Western route by Rome, Coosa,
and Will's creek to Gunter's Landing, and to report thereon
to the next General Assembly.
Also, a resolution directing the commissioners of the West¬
ern and Atlantic Rail Road, under certain circumstances, to
suspend all the work on said Road north of Burrough's.
To which the concurrence of the House of Representa¬
tives is desired.
Mr. Stone from the Enrolling committee reported as duly
enrolled—
An act for the relief of Sarah Mansfield of Decatur county.
An act to protect the slave property of the people of the
State of Georgia, by compelling vessels owned or commanded
by citizens of, or coming from the State of Maine, and the
officers, seamen and passengers thereof to perform quaran¬
tine, and to provide for the search thereof on their departure.
An act to repeal an act to alter and amend an act to estab¬
lish a Bank at Milledgeville, to be called and known by the
name and style of the Central Bank of Georgia, See. passed
on the 22d December, 1828, passed the 21st December,
1839, and to provide for the protection of the circulation of
said Bank, and for other purposes.
An act to revise, amend and consolidate the rules for the
government and police of the Penitentiary of Georgia.
The following message was received from the Senate by
Mr. Bailey, their Secretary: i
Mr. Speaker: The Senate has refused to concur with th<
amendment of the House of Representatives to the resolu
tions relative to the powers of the General Government oj
the question of a protective tariff, internal improvement
and the establishment of a National Bank by the Gener;
Government, and respectfully ask that this branch of tl
General Assembly recede from their amendments.
506
I am also directed to inform the House of Representatives
that the Senate will be ready to adjourn sine die this day at
the hour of 12 o'clock, M.—to which the concurrence of the
House of Representatives is desired.
On motion of Mr. Chipley, the Clerk was directed to in¬
form the Senate that the House of Representatives will be
ready to adjourn'sme die, at 12 o'clock, M. this day.
The House took up the resolution of the Senate appoint¬
ing a committee to join a committee of the House, to wait on
his Excellency the Governor and inform him that both
branches of the Legislature will be ready to adjourn this day
at 12 o'clock, and enquire whether he has any further com¬
munication to lay before either branch thereof—and concur¬
red therein.
Whereupon the Speaker appointed Messrs. Murphy of
DeKalb, Hardage, White of Jasper, Thompson and Craw¬
ford of Oglethorpe, that committee, on the part of the
House.
The following message was received from his Excellency
the Governor, by Mr. Horne, his Secretary:
Mr. Speaker—His Excellency the Governor has approved
of and signed a resolution bringing on the election of seven
Directors on the part of the State, for the Bank of Darien
this day at 9 o'clock.
. On motion, the Clerk was directed to inform the Senate,
that the House are now ready to receive them in their cham¬
ber to proceed to the elections set apart for 9 o'clock this
day; which duty being performed, the President and mem¬
bers of the Senate attended, and the General Assembly pro¬
ceeded to the election of seven Directors, on the part of the
State, for the Bank of Darien. The ballots being received
and counted, it appeared that Messrs. Charles H. Hopkins,
Henry W. Hudnall, James Holmes, Charles O'Neal, N. J.
M'Donald, A. Lefils, and Samuel M. Street, were duly
elected.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary:
Mr. Speaker—His Excellency the Governor has assented
to and signed the act of appropriation for the political year
1841.
I Mr. Murphey of DeKalb, from the committee appointed
Y> wait on his Excellency the Governor, and inform, him that
oth branches of the General Assembly will be ready to
firn sine die this day, and to enquire of his Excellency
her he had any further communication to make, beg
! to report, that they have discharged the duty assigned
, and received for answer, that his Excellency has no
er communication to lay before the General Assembly,
either branch thereof.
507
On motion of Mr. Gathright, Mr. Hammond was added to
the auditing committee.
Mr. Osborne offered the following resolution, which was
read and agreed to:
Resolved, That a committee be appointed to bring up the
unfinished business of the Representative branch of the
General Assembly, and that said committee be allowed three
days to discharge the duties assigned them—
Whereupon, the Speaker appointed Messrs. Atkinson,
Hammond, and McComb that committee.
On motion, the Clerk was directed to inform the Seriate
that the House of Representatives was now ready to adjourn
sine die.
That duty being performed, and a message being received
from the Senate, by Mr. Bailey, their Secretary, that they
were ready to adjourn sine die—
The Speaker having returned his thanks, &c. adjourned
the .House, without a day.
INDEX.
A.
-ADJUTANT GENERAL—
to repeal,
reconsidered,
ALIENS—relative to,
-ASHLEY, Mr.—leave of absence,
ACADEMIES—
incorporate in Harris,
See Bainbridge.
bill to incorporate Hebron,
■in Chattooga, to appropriate money for,
to incorporate in Murray,
in Cass, pay to trustees,
in Habersham,Jo appoint trustees,
APPROPRIATIONS—General Appropriation Law-,
ATKINSON, Mr.—introduced bill,
ARMS—bill to furnish Georgia Guards,
-ACCOUNTS, open—define dignity-of,
ALEXANDER, Mr.—introduced bills,
ALABAMA ROAD—repair,
ARTHUR, Felix—relief,
ASYLUM—report by Mr. Shaw,
APPLING COUNTY OFFICERS-
ACADEMIES—to incorporate,
ATTACHMENTS AND BAIL,
ATHEN S—extend limits,
ATTORNIES and Sheriffs,
ACADEMY, Washington County,
Fayetteville Female,
ALFRIEND, Sarah—relief,
AMENDMENTS of Senate concurred in—
Bills—toH bridge, by Joseph Wilson,
executors, administrators and guardians, relief ofj
precincts in Murray and Floyd,
add Eh Jones and John S. Means to Walton,
incorporate Sandy Spring Academy,
incorporate Mount Pleasant Academy,
to grant rights of citizenship,
relative to Prison bounds,
rent laws of Augusta,
on appropriation law,
Superior Courts Eastern Circuit,
relief of Sarah Mansfield,
mail route to Pinder town,
Laws and Journals, Ware county,
mail route, Walker and Dade,
B.
[Page,
28, 37; passed, 41
43; again passed, 70
45, 76
46
128, 221; passed, 240
33, 77; passed, 206
67, 134 ; lost, 181
80; passed, 183
96, 176; lost, 206
97,176; passed, 214
51, 77
127, 188
146, 221; rejected, 241
208, 282; passed, 299
210, 305
221
285, 324; passed, 362
312
319, 348; passed, 366
320; passed, 366
320, 348; passed, 450
320, 349; passed, 451
321, 350; passed, 451
347, 433; passed, 451
347, 433; passed, 469
410, 433; passed, 469
460
460
460
460
460
460
468
477
478
478
499
499
499
98
.ENNIAL SESSIONS, resolution caking for act,
BB County, memorial on specie payments,
STHEA, Mr., introduced bill, . . . 037
INKS—to hold assets, U1' rjeI'o o^
bill to require specie payments,
to require specie payments or forfeit, -4£
to prevent depreciation of bank paper, ' b*
bill to compel specie payments and provide forfeiture, 24
bill to deposit funds in Central Bank, 24
to compel specie payments, 34, 70; passed, 149
2
BANK OF DARTEN, its memorial, r~
BANKS—to repeal act against private banking, 80, 174; los,.
to alter act regulating intercourse, 97, 175; passed, iJ.
reconsidered, 188; passed, 4lfr
BONDS, State, bill for issuing, 61,176; lost, 237
reconsidered,, 247
BETHUNE, John—his petition, 98
BONDS, to authorize issue, 120,134
BARCLAY, Mr.—introduced bills, 24,33,97,128
resolutions against the banking system, 51
BUSH, David B.—elected Brigadier General, 31
BEAVERS, Mr., introduced bill, 34
BLACKSHEAR, Thos. E., elected Major General,. 43
BOOTH, Mr., had leave of absence, 44
BRYAN, Mr., introduced bills, 44, 68, 205
BROWN, Mr., introduced bills, 45, 97,127,188
had leave of absence, 61, 87
BIGHAM, Mr., had leave of absence, 61
BAINBRIDGE, extend limits of, 145, 221; passed, 240
Academy, to incorporate^ 145, 221; passed, 240
BURT, Mr., had leave of absence, 153
BIRD, Daniel, elected Major General,. 153.
BRIDGE across Savannah River, 176, 284; passed, 362
Toll, by Joseph Wilson, 460
BLANERT, Thomas, relief of, 188,246; rejected, 262
BOTANIC College, to aid, 188, 246 7 rejected, 263
BLACK, Mr., had leave of absence, 222
introduced bill, 188
BOYNTON, Mr., introduced bill, 208
BERRIEN, John M., Senator in Congress, 214
BOOTH, Mr., leave of absence, 231
BOSTWICK, D. D., to keep ferry, 279, 318;. passed, 400
BETHUNE, B. T., commissioner free bank, 435
BRYAN, Mr., of Wayne, had leave of absence, 480
BANK Reports, resolution to print, 501
c.
CENTRAL BANK—to settle with Darien Bank, 206, 283
reconsidered, 367
COLUMBUS—extend corporate powers, 210, 282; passed, 300
COUNTY, newr—read second time, 221
COMMISSIONERS of Road to settle accounts, 241
to regulate testimony, 242
CAMPBELL County, Common School Fund, 246
CRAFT, Mr., had leave of absence, 277
CENTRAL BANK—duties of Directors, 279, 319
to alter charter, 279, 319; passed, 334
reconsidered, passed, 401
CONSTITUTION—amend 3d, 7th & 12th sections, 1st
article, &c.,
COMMITTEE, Select—alter Constitution,
COLLECTORS and Receivers—consolidate,
COURTS, Eastern District,
of Marion, Harris, &c.,
COMMON SCHOOLS—Bulloch,
CHURCH at Raswell, in Cobb,
CLERKS—elect by people,
CONYERS and. Martin, relief of,
CONSTABLES—(See Precepts.)
CHURCHES—reconsidered bill passed,
COURTS—Marion,. Harris and Stewart,
CRUTCHFIELD, Mr., had leave of absence-,
CRAWFORD, Joel, Rail Road Commissioner,
Simmons, Bank Director,
CENTRAL BANK—to pay sGrrp, &c.,
COMMITTEE, Select, on Maine question,
GARSWELL, Mr.,, had leave of absence,
COMMITTEE of Conference—Darien Bankr
COTTING, John R.—resolutions in favor of,
279, 287; passed, 38»
279'
285
287,319; passed, 469
305, 319
320
320r 350; passed, 456
320, 350; rejected, 454
347
389
402,434; passed, 479
417
435
435
424 :
439 1,
442
500
509
3
Conference
COMMITTEES APPOINTED—
to conduct Speaker to the Chair,
to inform the Governor of the organization of the
Legislature,
to examine affairs of Central Bank,
joint standing committees,
select, on petition of W. C. Osborne,
joint standing committees of Senate,
to apportion Governor's message,
select, on mob in Sumpter,
to invite Electors,
select, on McBride's petition,
select, on obstruction of fish,
CONSTITUTION—bill of Senate, to amend,
CRAFT, Mr., introduced bill,
COUNTY LINE-Walker and Dade,
CANNON, Mr., introduced bill,
CARSWELL, Mr., had leave of absence,
CARLTON, Mr., introduced bill,
COUNTY, new—of Cass and Murray,
CRAWFORD, Mr., of Sumter, took his seat,
had leave of absence,
introduced bill,
CATTLE, bill concerning,
COUNTY, to lay out,
COBB COUNTY, bill to relieve Sheriff and Jailor,
CHESTER, Mr., introduced bill,
COVENAH, Mr., introduced bill,
had leave of absence,
CREDILLE, Mr., introduced bill,
had leave of absence,
COMMON SCHOOLS—(See Schools.)
resolution concerning,
COMPTROLLER GENERAL—his report,
CENTRAL BANK—communication of its officers,
report of select committee,
CITIZENSHIP—bill to regulate evidence,
to grant to certain persons,
to grant to certain Cherokees,
CRAWFORD, Mr., of Richmond, introduced hill,
had leave of absence,
COURTS—change in Cherokee Circuit,
change Inferior, in Muscogee,
relative to, in Troup county,
CHAPPELL, Mr., had leave of absence,
introduced bills,
elected Speaker pro tern.,
COURTS—to alter, in Chattahoochee Circuit,
CONSTITUTION—bill to alter, in regard to Sheriffs,
to repeal amendment 1st section, 3d article,
to amend 3d article,
to alter 3d section, 2d article,
to amend 1st section, 3d artiele,
reconsidered,
COURTS—change Inferior, in Twiggs,
CHANGE BILLS—to prevent issue of,
CHIPLEY, Mr., introduced bill, .
introduced resolution,
CATTLE—bill to restrict driving,
reconsidered;
COURTS, Justices'—to increase jurisdiction,
CHESTER, Mr., introduced bills, .
CAMPBELL county—bill relating to advertising, &c.,
COURTS'—bill from Senate to legahze adjournmen >
COWETA Circuit—bill relative to,
CARROL, Mr-, introduced bill,
CHAPMAN, Mr., had leave of absence,
■502
25
34
45
45
81
89
171
190
241
205, 222; passed, 258
68
34, 67
57
61, 222
171, 222
171
7
217
34
23, 75; lost, 361
146
23, 37 ; rejected, 183
145
24
87
44
72, 222
129
58
87
190
24, 38; passed, 159
57, 76; passed, 138
97,176; passed, 212
24,158, 279
31
38; passed, 162
57, 76; passed, 139
68,153 ; passed, 162
32, 177
96,127,145,158
64
79,163
32
76
33, 75; rejected, 131
69, 152; rejected, 160
97, 176; lost, 210
215
80, 175; passed, 186
33,75; rejected, 263
^ 80,98
87
33; lost, 94
95
34, 69; lost, 73
34, 222
34, 69; passed, 73
40; passed, 63
34, 69; passed, 73
80
140
4
D.
DIVORCES—to regulate trials for, 68, 163; passed, 172
to amend Divorce laws, 81, 175; lost, 183
DUFOUR, Mr., had leave of absence, 61
DAWSON, Mr., introduced bill, 45, 68,128
DEAF AND DUMB—commissioners' report, 46
DAVIS, Mr., had leave of absence, 61
introduced bill, 146
DARIEN BANK—repeal incorporation, 239, 283; passed, 254
DEBTORS, honest—relief of, 222,282; lost, 303
DANIEL, Mr., of Greene, had leave of absence, 87
DARDEN, Mr., of Troup, had leave of absence, 87
DIXON, Mr., of Talbot, had leave of absence, 96
DANIEL, J. L., relief of, 97,175; lost, 399
DARIEN, amend incorporation, 97,175; passed, 214
DEEDS—admit to record, 127,176
DARDEN, Mr., of Warren, had leave of absence, 149
DISTRICT LINES in Cherokee, 122; passed, 240
DEEDS of Gift, to record, 320,349; rejected, 451
to admit in evidence, 320, 350; passed, 461
DOOLY, to fix county site, 320; passed, 406
DADE county, change line, 320, 350; passed, 389
DISTRICT LINES, 321, 350; passed, 456
DEADLY WEAPONS—protect against, 329, 351; passed, 455
DELAUNEY, Mr., had leave of absence, 354
DEBT, Public—interest and redemption on, 408
E.
ELECTIONS—Speaker of the House, 6
Clerk of the House, 7
Messenger, 7
Door Keeper, 8
Judge of Superior Court, Coweta Circuit, 29
Attorney General, Middle Circuit, 29
Solicitor General—
Northern Circuit, 30
Southern Circuit, 30
Ocmulgee Circuit, 30
Western Circuit, 31
Flint Circuit, 31
Brigadier General, 2d Brigade, 10th Division, 31
Brigadier Generals, 43
Brigadier General, 2d Brigade, 11th Division, 64
1st Brigade, 11th Division, 64
ESTRAYS, advertisement of, 158, 245; passed, 259
ELECTION of President and Vice President, 190
ELECTIONS, frauds in Chatham, 205, 282
Senator in Congress, 214
EPISCOPAL INSTITUTE, to incorporate,- 158, 221; passed, 281
ELECTORS—change time of electing, 68,153; lost, 160
ELECTION LAWS—to explain, 81
ELLIS, Mr., had leave of absence, 125
introduced bill, 67
EVANS, Mr., of Burke, excused, 66
ESPY, Mr., had leave of absence, 66
EDITORS of Newspapers—seats allowed, 8
EVANS, Mr., of Burke, took his seat, 23
EZZARD, William—elected Judge, 29
ELLISON, William H., in favor of, 127,176; passed, 234
ELECTION—change place, in Talbot, 146, 221; passed, 281
of State Printer, 214
EDUCATION—bill to pay for teaching the Poor, 27
Poor School, Mcintosh, 32
EXECUTIONS—bill to extend stay ofi 44 7Q • rejected, 135
ERWIN, Mr., introduced bills, 54^ 86
5
EXECUTORS, Guardians, &c., relief of
EXECUTIONS, to define force of
EMANUEL, Mr., introduced bill, '
EQUITY, Master in,
EMSWILER—to change name,
ESTATES, distribution of,
EXCHANGE—repeal limitation,
ESTRAYS. reconsidered,
EFFINGHAM—consolidate offices,
EMANUEL—repeal compensation,
ELECTION—Rail Road commissioners,
Directors State Bank,
Commissioners Free Banks,
EFFINGHAM—Collector and Receiver,
ELECTION—Darien Bank Directors,
F.
FORD, Mr., of Cherokee, had leave of absence,
introduced bill,
FITZPATRICIv, Mr., had leave of absence,
introduced bill,
FOSTER, Mr., introduced bill,
had leave of absence,
FEES—to regulate Sheriffs' fees,
to reduce Sheriffs' fees,
FLOURNOY, Mr., his resolutions,
introduced bill,
leave of absence,
FORFEITURE—bill to remit Hammond and others,
FORSYTH County—to add fraction to,
FISH—act relative to,
FORSYTH, Monroe county, extend corporate limits,
FLOYD County—See Tax Collector axd Receiver
to change county line,
FLINT RIVER BLUES—to attach, &c.,
FEES—Sheriffs, Constables, &c., to define,
FITCHETT, Messenger, had leave of absence,
FORD, Mr., of Lee, had leave of absence,
FRACTIONS—amend act for selling,
FRAUDS—to punish,
FERRY across Little River,
across Broad River,
across Chattahoochee River,
FORFEITED LOTS—to redeem,
FAYETTE Courts,
FARMERS' Bank of Chattahoochee,
G.
GARDNER, James. Esq., elected Solicitor General,
GIBSON, John, elected Solicitor General,
GATHRIGHT, Mr., introduced bills,
his resolutions,
GREENE, Mr., of Macon, introduced bills,
had leave of absence.
GREEN, Mr., of Forsyth, introduced bills,
had leave of absence,
GWINNETT and DeKalb—to change line,
bill for payments,
GUARDIANS—See Executors.
GLYNN County, apportion representatives,
GREENLEA, Madison—change name ot,
GREEN, Mr., of Pike, leave of absence,
GALPHIN, George—memorial of his heirs,
GRANTS—extend time,
hill to extend time to take out, _
to extend time to take out, in Apphng?
win, &c.,
to extend time to take out,
.amendment of Senate agreed to,
79, 163 ; passed, 172
80, 174; passed, 183
81
223, 283; rejected, 399
285, 324; passed, 363
319, 348; passed, 456
320, 350; rejected, 451
470
320, 351; passed, 455
348
350
435
435
435
434; passed, 470
493
32, 480
145
44, 165, 215
80
44,80
205, 430
33
44, 64
48, 82, 108
68
371
54; rejected, 136
67, 134; passed, 160
68, 153; passed, 162
69, 153; passed, 162
163
97, 175
146, 221;
223, 283
232, 283
257, 283
284, 323
320, 351
328, 348
67;
69,134;
128, 220;
282;
433;
24, 37;
; passed, 173
; passed, 214
rejected, 242
149
222
; passed, 399
; passed, 399
; passed, 400
; passed, 363
285, 323
320
; passed, 453
; passed, 404
30
30
32, 68, 95
54
44, 97
164
51, 67
66, 463
159
passed, 161
236
passed, 297
393
23
469
passed, 135
27, 37
45, 76; passed, 254
393
6
H.
HEKRINGTON Mr.-had leave of absence, 23
HALL, Sen'r.—to Peddle, *o5, 323 ] passed^SOS
HUNTER, Mr.—Introduced bills, 23", 67
HOTCHKISS, Mr.—Introduced bills, 24, 28, 146, 207, 223
had leave of absence, 214
HUSON, T. R. & Co.—To build Bridge, 188, 246; passed 262
HARDEMAN, Mr.—Introduced bill, 27, 146, 205, 278
had leave of absence, 31, 125, 177, 305, 328
HIBBERT, Mr.—Introduced bill, 128
HENDRY, Mr.—Introduced bill, 128
HARMON, Z. E.—Elected Solicitor General, 31
HULL,W. H.—Elected Solicitor General, 31
HARD AGE, Mr.—Introduced bill, 34, 45
HABERSHAM BLUES—Bill to incorporate, 33, 75; lost 105
reconsidered, passed, 287
HOLDEN, JOSHUA—For relief of, 34, 69; lost 73
HENDERSON, BROCKMAN W.—Elected Brigadier Genera), 43
HAMMOND, Mr.'—Introduced bills, 44, 223
HARRISON of Randolph, Mr.—had leave of absence, 47, 354
introduced bill, 279
HOWARD, Mr. of Bibb—Introduced bill, 51
had leave of absence, 79
HAMPTON—Introduced bill, 57
HANSEL, ANDREW J.—Elected Brigadier General, 64
HOWARD, HIRAM—Elected Brigadier General, 65
HATCHER, Mr.—Introduced bill, 68
HALL, Mr.—Had leave of absence, 73
HOUSTON COUNTY—Requiring taxes paid thereih, 76 ; rejected 135
Resolution on Poor School, 170
HEARD COUNTY—(See tax.)
HUBBARD, Mr.—Introduced bill, 80
HUNTER, JAMES—Bill to pardon, 95, 99; passed 120
HARRISON, Mr. of Putnam—Had leave of absence, 96, 215
HINES, Mr.—Had leave of absence, 164
HUD GINS, Mr.—Introduced bill, 171, 188
HANCOCK & TALIAFERRO County Line, 189, 246; passed 262
IIAGERMAN, Mr.—Introduced bill, 205
leave of absence, 393
HANSEL, W. Y.—Com'r. free Banks, 435
I. & J.
INCORPORATE—Methodist Church, 491
Riflemen in Augusta, 410, 434 *, passed 469
JURIES in Telfair, 410, 433; passed 469
IRWIN, DANIEL—Elected Rail Road Commissioner, 435
INCORPORATE Church in Chattooga, 433; rejected 470
JENKINS, CHARLES J.—Elected Speaker, 6
had leave of absence, 63
INTERNAL IMPROVEMENT—Report of Committee, HI
INFERIOR COURT—Repeal powers, 145
INCORPORATION—Bill to Incorporate Meeting House, 24, 38
To Incorporate Church, 28, 38
To Incorporate Amerieus Camp Meeting Ground, 34
" " rejected 206—re-considered 215
To incorporate Church in Liberty, 81
To amend incorporation of Iron Works, 97, 175; paz'd2l4
To amend incorporation Camp Ground, 97, 175; pas'd 213
Village of Houston, Heard county, 128, 221; passed 240
Church at New Hope, 205, 282; passed 297
JOHNSON, Mr. of Troup—Introduced bills, 24, 57, 68
JOHNSON, Mr. of Appling—Introduced bill, 44
had leave of absence, 96
JASPER COUNTY—Change county line, 158, 246; passed 355
JUDICIARY—Bill to alter and amend, in regard to executions, 27, 37; passed 57
To amend acts, 128, 221
JURIES—To alter mode of selecting, 68; passed 172
To repeal act exempting in Mcintosh, 68, 153; passed 162
To repeal act compensating in Macon co. 45,76; passed 137
7
JURIES—(Continued.)
To compensate Jurors in Dooly, 68; passed 218
To repeal act for compensat'g juries in Elbert 68; pas'd 159
Repeal compensation in Bibb, 96, 175; passed 190
TONFS iv t1 Repeal act regulating, 153
JUiNiiib b. IN.— 1 o practice Law, 32, 77; nassed 172
iy£$¥E£TSrJ° Vrevent froi Ac- 33776- rejected 133
JONES, Mr. of Franklin—Introduced bill, 33
JOURDAN, Mr.—Had leave of absence, 47, 222
JONES, ELI—-Act for relief of 68, 153; passed 172
JONES, Mr. -of Harris—Had leave of absence, 79
Introduced bill, 79
JONES, JOHN A.—His testimony, 120
JAMES, a Slave—To emancipate, 128, 221; rejected 24Q
JURORS—In Ware, to compensate, 177, 283
JUSTICES COURTS in Bibb, 177, 283; passed 362
JUDICIAL CIRCUIT—New, 217; passed 256
JURIES—Amend act compensating, 207, 246
JENNINGS, SOLOMON—Relief of, 221
JACKSONBOROUGH—Incorporate, 223, 282; passed 305
JONES COUNTY—Add part to Monroe, 279, 319
JUDICIARY of 1799, 320, 349; passed 451
IDIOTS—Deaf and Dumb, 324, 350; passed 451
JURORS—To compensate, 321
JURIES—Stewart and Talbot, 402
INCORPORATE—Church, Savannah, 348, 434; passed 470
" Sharon Springs, 433, 348; passed 470
" Mount Horeb Church, in Pulaski, 320, 349; passed 451
" Irwin Factory, 320, 350; passed 456
" Palmyra, in Lee, 320, 349; passed 451
" Ellijay, 320, 350
" Academies, St. Marys and Cobb, 320, 350; passed 366
K.
KING, ANDREW U of Glynn—Took his seat, 31.
Introduced bills, 128, 171
KEATON, Mr.—Introduced bill, oo_ 19 > 232
KINCHEFOONA—Toll-Gate, 208, 282; lost 297
KNIGHT, LEVI—Elected Major General, 214
L.
LAWRENCE FRANCIS—Bill to pardon, 22; rejected 61
LEFILS ARMAND, of Mcintosh—Took his seat,
introduced bills, .
had leave of absence, L,
LICENCES—Bill relative to, 127 220-lost 399
LEASE—Napier's Old Field in Macon, 1.27, 220, ^
LIBERTY C OUNTY—Regulate Slaves, d 132
LANDS—Bill to dispose of ungranted, i' 33 gl
LYNCH, Mr.—Introduced bill, ' 9g
had leave of absence?
LEE, Mr.—Introduced bill, 44 164) 377
LOWE, Mr.—Had leave of absence,
LEVIES—(See Judgments.) 79, 174
LIBERTY COUNTY—To change line, ^ 1?5; passed gig
LIEN—To extend, &c. 153
LAWSON, Mr.—Had leave of absence, 153
LONG, Mr.—Had leave of absence, 164, 328
LINDER Mr.—Had leave of absence, 189, 246
LOTTERY—For Academy, 205
■LOWE, WILLIAM—Relief 01, 209, 348; passed 403
LUNATIC ASYLUM, 321 350; passed 366
T TNCOLN COUNTY—Sheriff of, 435
J TDDLE JAMES—Rail Road Commissioner, 435
T A MAR, G. B.—Bank Director, . 46i
LAURENS & THOMAS Counties,
s
M.
MILITIA LAWS—To alter
MAYS Mr. of Cobb—Introduced bill,
MAHON, JACKSON—Bill to pardon,
McCULLOCH—Claim of his heirs,
MURPHY, Mr. of DeKalb—Introduced bills,
" Report,
MITCHELL, Mr.—Introduced bill,
MANN, Mr. of Tatnall—Introduced bill,
MULKY, ISAAC', Esq.—Took his seat,
McINTOSH COUNTY—(See Liberty,)
McCOMBS, Mr.—Introduced bill,
MILLEDGEVILLE—Bill relative to,
MARTIN, Mr. of Gwinnette—Introduced bills, 23, 67, 69
McCALL, JOHN G.—Took his seat, 47
MEADOWS, Mr.—Introduced bill, 24, 171
had leave of absence, 96
MANN, Mr. of Morgan—Had leave of absence, 205
McMATII, Mr.—Introduced bill, 29
had leave of absence, 87
McCUBBINS—His petition, 47
Bill for his relief, 104,175
MILLER, Mr. of Jackson—Had leave of absence, 61
McCUBBINS—Relief, bill of Senate, 232
McDONALD, Governor—His annnal Message, 9
McGRIFF, THOMAS, and others—To remit forfeiture, 44, 76; rejected 137
MAY, Mr. of Warren—Had leave of absence, 87
MOORE, Mr.—Had leave of absence, 99
MOON, Mr.—Had leave of absence, 128
McMILLAN—Introduced bill, 29, 128
MILITIA LAWS—To compile, 34, 69
MARTIN, Mr. of Morgan—Had leave of absence; 89
MOBB—In Sumter, 89
MACON, City of—To amend Charter, 145, 221; passed 240
MONTGOMERY—(See Road Laws.) 176
McDUFFIE, Mr.—Had leave of absence, . 188
Introduced bill, 217
MATHIS, JESSE—Relief of, 223, 283; lost 399
MORRIS, Mr.—Introduced bill, 279
MOUNT,. JOHN H-—Relief of, 282, 297
reconsidered, 307; passed 389
MILLEDGEVILLE BANK—Amend Charter, 334, 324; passed 365
MILITIA LAWS—To alter, 319; passed 400
MACON COUNTY—To add to, 320, 350; passed 366
31cDONOUGII—To extend limits, 321, 350; passed 365
3IARION & MUSCOGEE—County line, 348, 434; passed 470
MAINE QUESTION—Report on, 384
" Minority Report, 385
" (See Slave Property.)
3IANSFIELD, SARAH—Relief, 10, 433; lost 468
Re-considered, 470
31ARTIN, JAMES & W. CONYERS,—Relief, 433; passed 470
MANN, Mr.—Had leave of absence, 436, 480
MOULTRIE, 3Ir.—Had leave of absence, 463
MULKY, Mr.—Had leave of absence, 465
N.
NA31ES—Consolidated bill, 129
Bills to change the name of Samuel Thomas, 27. 37
To repeal an act changing, 29, 37; passed 70
Reconsidered, 73. passed 253
To change names, 33^ 77
To change'other names, 33* 77
Do, do. 33) 77. passed '15<>
Change names ot certain persons, 67, 77; passed 139
Change name of Stephen Henly, 68, 153; passed 161
Change name of Lemuel Ames, «1 174- nasspd 18 3
Change name of R. Bryant, 188,' 246passed 26 2
Change name of M. G. Todd,
279
23, 215
44, 76: passed 155
123
23, 33, 44, 208
309
279
81
97
44
44, 75; rejected 137
9
Aif rom Cass and Murray,
NAMES of certain persons,
NAMES to change,
NAME of Salem, in Dade,
NIXON, Mr.—Had leave of absence,
NASH. H. E.—(See Ferry.)
NASH, GABRIEL—Took his seat,
NEGROES To punish White person who trade with,
NEAL, Mr.—Introduced bill,
o.
O'NEAL Mr.—Introduced bills,
Had leave of absence,
OGECHEE RIVER—To withdraw funds,
ORPHAN S—Bill to amend laws relating to',
OSBORNE, W. C.—His petition,
Introduced bills,
OGLETHORPE COUNTY.—(See tax.)
ORME, R. M.—Elected Printer,
OHOOPIE—Commissioners,
OXFORD FEMALE SEMINARY,
OOSTENAULA FERRY,
OVERSEERS OF ROADS—Chattooga,
OCONEE RIVER—Keep Open,
P.
PETITIONS—By Citizens of Oglethorpe amd Clark,
Citizens of Cobb county,
Citizens of Chattooga county,
POOR SCOOL—Teachers in Hall,
PAY OF MEMBERS—Resolution,
PATROONS—Colored Persons,
PUNISHMENT—To abolish capital,
PETTEE, Mr.—Introduced bill,
POPE ALEXANDER—Elected Solicitor General,
POOR—Bill for their support in Pike,
PRICE, Mr.—Introduced bills,
PRINTER—State, ineffectual ballotings,
PRECINCTS—One additional in Greene,
To change in Bibb,
To create one additional in Forsyth,
To form additional in Houston,
To change in Rabun,
To change in Troup,
To change in Meriwether,
To abolish in Jasper,
To abolish'in Harris,
To change in Monroe,
To add to, in Murray,
To establish and change,
In Irwin and other,
In Stewart,
In several counties,
In Henry,
In Bulloch,
In Pulaski,
POOR SCHOOL FUND—Of Mcintosh,
PRISON BOUNDS,
PITTS, Mr.—Introduced bills.
Had leave of absence,
PALMER, Mr—Introduced bill,
PATTON, DAVID—Relief of,
PERSONS AND papers—Resolution to send tor,
PRESTON, Mr.—Had leave of absence,
POOR SCHOOL FUND—Montgomery, &c ,
PAULDING County, to add to,
POOR SCHOOL in Hall,
Wilkinson,
24G; lost 260
285, 324; passed 451
320, 350
320, 350; passed 456
147, 480
61
44, 75; passed 135
32
32, 69, 80
79, 328
24, 37
44, 76; passed 138
45
104, 146
214
284, 324; passed 450
284, 324; passed 366
319, 348; passed 366
319; passed 366
410, 434; passed 457
28
32
32
279
277
217, 283; passed 301
68, 153; lost 106
68, 128, 205
30
32, 75; passed 132
33, 79. 80, 97, 145
47
44, 77
51, 77; passed 387
51, 77
57, 77; passed 139
57, 77
57, 77 ; passed 185
68, 153; passed 162
79, 174; passed 177
79, 176
80, 174
80, 170; passed 184
197
320, 349; passed 451
321, 351
320, 351; passed 424
347, 434; passed 470
347, 434; passed 470
366, 414; passed 414
75 ; passed 132
80, 163; passed 173
96, 188
147
97
146
152
155
324
285, 323; passed, 470
318; passed, 400
319, 348; passed, 450
10
PALMYRA, in Lee—See Incorporate. _
PRECEPTS by Constables, 350, 409
PAULDING and Floyd—County line, 328, 348; rejected, 404
PENITENTIARY—select committee appointed, 145
report of select committee, 207
police and government, 395, 434; passed, 480
PULASKI, Elections, 411
PENFIELD—commissioners, 433; passed, 470
POST NOTES, by Banks, 435
PARKS, Mr., had leave of absence, 465
PENAL CODE—
in regard to Negroes, amended, 44, 75
Rape, 223, 282; rejected, 303
alter, 319, 349; passed, 451
alter 43d section, 322, 350
alter 48th section, 14th division, 375, 411; rejected, 415
R.
RULES—resolutions adopting, 8
amending, 122
ROBERTS, Mr., introduced bills, 27, 51
ROBERTSON,. Mr., of Columbia—leave of absence, 239
REESE, Augustus, Esquire, elected Solicitor General, 30
REEVES, Trice, of Meriwether county, took his seat, 30
introduced bill, 68
ROGERS, Mr., introduced bills, 34, 206
had leave of absence, 110, 387.
report on Galphin claim, 223
RAIL ROAD, Western and Atlantic—report of, 47*
RELIEF of D. S. Hammond and others, 76
ROAD over Blue Ridge, 79,164; lost, 172
in Gilmer county, 80
RHODES, Mr., had leave of absence, 96
ROAD LAWS—to amend, 96,176; lost, 206
ROAD over Look-Out Mountain, 97,176; lost, 206
at Coosawattee—appropriation, 145
RAIL ROAD COMPANIES—to define liabilities, 32, 75; passed, 133
RANDOLPH County—See Taxes.
RELIEF of J. P. Breedlove, 98
RIDGELY, A. G.—compensation of, 104,176; lost, 220
REYNOLDS, Mr., had leave of absence, 110
ROAD COMMISSIONERS—Dahlonega to Federal Road, 145,164; lost, 173
ROADS in Camden, &c., 171, 246; passed, 387
ROAD LAWS in Montgomery, 176,284; passed, 362
RICHARDSON, J. T., change name, 189, 246; passed, 262
RANDOLPH—build court-house, 221
ROAD LAWS in Hancock, 222, 283; passed, 387
RAIL ROAD, Georgia—amend, 285, 323; passed, 455
reconsidered, 470; passed, 480
RENT LAWS of Augusta, 320, 350; passed, 460
RAIL ROAD COMMISSIONERS, 320, 350
ROBINSON, Adam—elected Solicitor, 329
RAIL ROAD—Augusta and Waynesboro', 347, 433; passed, 469
Cross Plains and Red Clay, 348, 433; passed, 468
ROADS in Chattooga, 348; passed, 366
ROBINSON, Mr., of Jasper, had leave of absence, 354
RAIL ROAD Commissioners, 410, 434; rejected, 451
ROBINSON, Mr., of Laurens, had leave of absence, 424
RELIEF MESSAGE, report on, 424
RHODES, Mr., had leave of absence, 442
RAIL ROAD Commissioners, Western and Atlantic-
one to be present, 469
s.
STEWART, D. M., of Mcintosh, took his seat, 22
introduced bill, 68
had leave of absence, 387
11
SAPP, Mr., introduced bill,
SANFORD, Mr., introduced bill,
SECURITIES, for relief of,
SHAW, Mr., introduced bill,
SIMPSON, Leonard—bill to admit to practice law,
SHERIFFS of Houston, to advertise, &c.,
bill to authorize advertisements,
bill to regulate fees,
to sell certain lands in Meriwether,
relief of Sheriff and Jailor of Cobb,
bill of Senate to regulate Sheriffs' returns,
STROUD, Mr., of Walton, had leave of absence,
introduced bills,
introduced resolution,
SLAVES—bill to amend act for trial, in certain cases,
STEELMAN, C. M., to practise law,
STOTESBERRY, relief of,
SHROPSHIRE, Mr., introduced bill,
had leave of absence,
STEPHENS, Mr., introduced bill,
introduced resolutions,
had leave of absence,
SPECIE PAYMENTS—See Banks.
SCHOOL, Common—bill to repeal,
bill to change,
SMALL BILLS—by specie paying Banks,
SALARIES—bill to reduce,
SPECIE PAYMENTS—memorial of citizens of Augusta,
See Banks.
STUART, Mr., of Ware, had leave of absence,
introduced bill,
SCHOOL FUND—appropriate for Campbell,
SCRIVEN, to compensate Juries,
SPURLOCK and others, relief of,
SATILLA RIVER, Commissioners,
reconsidered,
SUMTER and Twiggs, repeal precincts,
SOLVENCY of Banks, to repeal act,
SOUTH RIVER ACADEMY, incorporate,
SOUTHERN CIRCUIT, Courts,
reconsidered,
SLAVES and Colored Persons,
SPALDING ROAD,
SHERIFFS' advertisements in Cherokee,
SLAVE PROPERTY—to protect,
SHERIFFS and Coroners, Muscogee,
SCRIVEN County, remove county site,
reconsidered,
STATE BONDS to be sold for relief,
SHERIFFS', Constables' and Coroners' returns,
STEWART and Talbot, Juries,
SHEFFIELD, Mr., had leave of absence,
STILES, Mr., had leave of absence,
57
69
98; passed, 220
257
23, 38 ; passed, 172
44, 76; passed, 135
24, 37; passed, 42
33,75; passed, 92
33, 75
23, 37
40, 284
26
24, 28, 68,158
64
27, 37; passed, 57
97
127, 220; passed, 234
80
125
32
64
217
33, 37; passed, 129
33, 69
222, 283; lost, 301
33, 75; lost, 105
34
73
223
170
300
284, 324; lost, 406
284, 324; rejected, 449
470; passed, 474
284, 323; passed, 448
286, 319, 434
319, 348; passed, 450
319, 348; rejected, 424
435
320; passed, 365
328, 350; passed, 406
347, 434
406, 418; passed, 441
410, 433; passed, 469
411; lost, 414
436
428
429
434; passed, 470
* 436
480
T.
. . 284, 324; lost, 406
fWIGGS—to repeal precinct, 27, 69, 279
rHOMPSON, Mr., introduced bills, 34; 96, 97
rANNER, Mr., introduced bills, _ 67
introduced resolution, 44
TOOMBS, Mr., had leave of absence, 208, 239
introduced bills,
rAXES, bill concerning—See Houston, 44 7g. pasged, 135
rAX COLLECTOR and Receiver of Floyd, u> 76
to repeal consohdation of office , ^ ^ _ pagge(J) 135
PAX, extra, in Macon County, 45 76; lost, 135
concerning, in Heard county, 45, 81
67i _a, w
dation in several counties,
12
TARVER, Mr., leave of absence granted to,
TAXES, to levy for 1841,
reconsidered,
TREASURER—his Report,
THOMPSON, Senator of Walker—interment,
TURNPIKE, to incorporate,
reconsidered,
TAX, extra, in Habersham,
in Oglethorpe,
to pay in Randolph,
THOMAS, Mr., introduced bill,
TURNPIKE, Union and Lumpkin,
, TAXES—pay in counties containing property,
' TEACHERS of Poor Schools, to compensate,
TAX of Lumpkin, to repeal,
extra, in Randolph,
TESTIMONY, to regulate,
TAX LAWS, amendatory of,
TAX, extra, in Jasper county,
TAX COLLECTOR and Receiver, Gwinnett,
TRESPASS—amend laws,
reconsidered,
TAX, extra, in Cobb,
TAX persons not residents of State,
TAX, extra, in Wilkinson,
TESTIMONY in certain cases,
TURNPIKE—Milledgeville,
yp-PO n H PT*P H
TAYLOR WILLIAM—Elected Judge,
TALBOTTON—Extend limits,
TAX—Extra, in Richmond and Lee,
TATNALL GUARDS—Arms sent,
TAYLOR, Mr.—Had leave of absence,
TAXES—To be refunded,
63
69, 152; lost, 374
391; passed, 395
70
78
79,174; lost, 177
187; passed, 471
79, 174; passed, 177
80, 174: passed, 183
96; lost, 218
97
98, 176
128, 220
128, 220
128, 221
128,175; rejected, 240
146, 221; rejected, 232
158, 176; passed, 259
158, 246; passed, 260
170, 246
208, 282; lo.-t, 299
307; passed, 400
215, 282; passed, 301
232 ; 283; passed, 399
285, 324; passed, 363
329, 350; rejected 451
320, 350; rejected 453
470; passed 480
329
248, 433; passed 469
348, 434; passed 470
414
417
434; passed 449
u.
UNIVERSITY—bill to repeal appropriation, read 1st time, 24
bill io repeal additional trustees, 37
USURY—bill to amend laws, _ 45; passed, 136
UNITED STATES BANK—resolutions recommending, 87
UPSON County—repeal consolidation of offices, 140
repeal compensation of Juries, 171
incorporate Riflemen, 184,324; passed, 366
UNIVERSITY—repeal appropriation, 285; passed, 422
reconsidered, 435
V.
VOTES, illegal, 320, 349; rejected, 465
w.
WITNESSES and Juries, 433; rejected, 471
WINGFIELD, James N.—Brigadier General, 435
WALKER County—See Dade.
WILLIAMS, Mr., of Talbot, introduced bill, 22
of Harris, introduced bill, 128
WHITE, William P., elected Solicitor General, 30
WILLIAMS, Allen, Esquire, of Bulloch, took his seat, 30
WOOTEN, John T., of Wilkes, took his seat, 31
had leave of absence, 217
WELLBORN, introduced bills, 33, 44, 57, 68,128, 223
WHITE, Mr., of Pike, introduced bills, 33
had leave of absence, 73, 443
W \TtREN, Mr., introduced bills, 33, 79
WARTHEN, Thomas J., elected Brigadier General, 43
IS
WHITFIELD, Mr., introduced bills, 44,61,188, 366
had leave of absence,
WALKER, Mr., introduced bill, Q
WALES, Mr., introduced bills, 'y» i
WHITE, Mr., of Jasper, introduced bills, j ' orn
WITNESSES—repeal compensation, lo8, 246; passed, 4ou
WILSON, Joseph, to build bridge, 188, 246; passed, 2b2
WHIGHAM, Joseph, took his seat, ~
, had leave of absence,
WYLIE, James R,—elected Brigadier General,
Y.
YEAS AND NAYS—
Repeal of the Adjutant General's Office 41
On suspending orders of the House 48
rejection of bill relative to licences, 58
amendment of act for trial of slaves, 60
pardoning Francis Lawrence, 61
adjournment, 71
relief of Joshua Holden, 73
Flournoy's resolutions, 82
amending said resolutions, 83
reconsideration of do., 85
previous question on do., 87
Sumpter election, 89
regulating fees, &c., 93
restricting distempered cattle, 94
Flournoy's resolutions and amendments, 102
reduction of salaries, 105
laying bill on table, 107
to pardon James Hunter, 120
on amending rules, 121
claim of McCulloch's heirs, 123
compensation of Clerks, 126
compensation of Clerks, 130
amendment of Constitution, 131
bill relative to Usury, ' 136
act to grant citizenship, 138
extending time to take out grants, 140
resumption of specie payments, 147
repeal name, 154
to pardon Jackson Mahon, 155
on altering 3d section 2d article Constitution, 160
the McCulloch claim, ' 165
abolishing capital punishment, 166
to reconsider McCulloch claim, 169
abolish precincts in Jasper, 177
repeal penalties of private banking, 180
appropriate to Chattooga Academy, 181
relief of Sheriff and Jailor of Cobb, 184
on intercourse between Banks, 186
striking out cattle in tax law, 193
striking out horses, 194
adjournment, 196
amendment to tax law, 198
reconsideration, ~jj0
tax act, gg
tax act,
to amend Constitution,
on rights of Citizenship, . ~j~
amendment to precincts in Bibb, 215
taxes in Randolph,
State Bonds for Rail Road, 25^
Nonresidents' taxes, ~r4
to apportion Representatives to Glynn, 257
on reconsideration of State Bonds, 47
extending time for grants, 2 5
new Judicial Circuit, 2 o
to amend Constitution,
258
H
YEAS AND NAYS—(Continued.)
" on new counties Cass and Murray, 260
change bills, 2(13
appropriation laws, 204, 206
allowing preaching, 207
reconsideration time grants, 209
reconsider amend Constitution, 270
to reconsider mileage President and Speaker, 272
" mileage President and Speaker, £73
amend charter Central Bank, 279
on appropriation law, 282
filling blank in do., 291
striking out salary, 292
filling blank, 293
heirs of McCulloch's claim, 295
Kinchafoona toll gate, 297
to extend corporate powers in Columbus, 300
on reconsideration of McCulloch claim, 305
extension of powers to Columbus, 307
repeal charter Central Bank, 315
amendment of do., 317
to reconsider charter of Milledgeville Bank, 325
on amendment to Central Bank charter, 327
alteration of Central Bank charter, 330
Mr. Toombs' amendment to do., 332
passage of Central Bank bill, 334
reconsiderationV'ential Bank amendment, 335
to take up Flourm y's resolutions, 337
on Maine question, 340
requiring specie payments, 340
amendment to do., 342
Galphin claim, 345
settlement with Darien Bank, 352
adding part of Newton to Jasper, 355
driving distempered cattle, 361
bill relative to ferry, 365
reconsideration bill on Darien Bank, 367
reconsideration county line Jasper and tyewton, 370
substitute for tax act, 372
Mr. Crawford's amendment to tax act, 376
indefinite postponement of report, 380
altering Constitution, £#88
fraudulent elections in Chatham, ,^'JO
precinct in Bibb, 391
extension of time for grants, Senate's amend't, 393
amendment of charter of Central Bank, 401
to carry into effect Lunatic Asylum, 403
on Farmers' Bank of Chattahoochee, 404
interest on debt, 407
passage of bill to pay public debt, 408
relief of Solomon Spurlock and others, 411
amendment of Penal Code, 415
amendment to repeal University appropriation, 420
relief message and report, 427'
Sheriffs' returns, 429
bill concerning Franklin College, 430
Maine question, 437
bill to protect slave property, 439
adjournment, 442
Sumpter election, 448
amendment Georgia Rail Road charter, 455
relative to post notes, 457
to prevent illegal voting, 463
prevent illegal voting, 465
on reconsideration, 471
amendment to appropriation act, 475
appropriation to Asa Bates, . 477
Senate's resolutions, 4H3
indefinite postponemeut, 485
Senate's amendment repeal Darien Bank, 491
insistiug to repeal Darien Bank, 496