RDBERT W.WOODRUFF
LIBRARY
J o V U K A L
CF
the sejyate
OF THE
STATE OF GEORGIA]
at a
EI Win ax SESSION
OF THE
Accession No.—O-A J... - "3
EMORY COLLEGE LIBRARY
& f~Z> OXFORD, GEORGIA
REGULATIONS.
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d without special permission of the Faculty.
A fine of ten cents per week wili be assessed for each book detained over tjr
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{Any person taking books from the Library will be held respon^"**
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No general reference work shall at anytime be taken from th/
Any person willfully violating an" of the foregoing rules M
it to the use of the Library. ' f
I • ^ 4
•i
JOURNAL
OF
THE SENATE
OF THE
STATE OF GEORGIA.
>-
G£
<
oa MONDAY, November 3rd, 1851.
Zj
_i At a Biennial Session of the General Assembly of the
< State of Georgia, begun and held at the State House in
^ Milledgevile, on Monday the third of November, one
— thousand eight hundred and fifty-one, the members elect
^ from the different Senatorial Districts attended.
Z The Honorable Peter Cone, Senator elect from the Sev-
uj enth Senatorial District having been called to the Chair,
X the Proclamation of His Excellency the Governor was read
by the Secretary, by which it appeared that the following
>- Senators were duly elected, to wit:
60 From the First Senatorial District, the Honorable John
® W. Anderson.
? From the Second Senatorial District, the Honorable
O George W. Walthour.
110 From the Third Senatorial District, the Honorable Ran¬
dolph Spalding.
b rom the Fourth Senatorial District, the Honorable
Sfl.rpne.1 O'Brynn,
4 JOURNAL OF THE
From the Fifth Senatorial District, the Honorable Levi
J. Knight.
From the Sixth Senatorial District, the Honorable John
McRae.
From the Seventh Senatorial District, Honorable Peter
Cone.
From the Eighth Senatorial District, Honorable William-
Bntler.
From the ISTinth Senatorial District, the Honorable Pat¬
rick B. Connelly.
From the Tenth Senatorial District, the Honorable James
Boss.
From the Eleventh Senatorial District, the Honorable
George Wilcox.
From the Twelfth Senatorial District, the Honorable
John P. Dickinson.
From the Thirteenth Senatorial District, the Honorable
Benjamin L. Wolfe.
From the Fourteenth Senatorial District, the Honorable
Samuel W. Flournoy.
From the Fifteenth Senatorial District, the Honorable
Addison E. Harris.
From the Sixteenth Senatorial District, the Honorable
David Reid.
From the Seventeenth Senatorial District, the Honorable
Hugh Lawson.
From the Eighteenth Senatorial District, the Honorable
William jSr. L. Crocker.
From the Nineteenth Senatorial District, the Honorable
Jared Tomlinson.
From the Twentieth Senatorial District, the Honorable
Joseph Day.
. From the Twenty-First Senitorial District, the Honorable
James Ilicks. *
From the Twenty-Second Senatorial District, the Honor¬
able Andrew J. Miller.
From the Twenty-Third Senatorial District, the Honora¬
ble John L. Bird.
From the Twenty-Fourth Senatorial District, the Hon¬
orable Benjamin T. Bethune.
■ - From the Twenty-Fifth Senatorial District, the Honora¬
ble Wesley Griggs.
From the Twenty-Sixth Senatorial District, the Honora¬
ble Zaehariah E. Harm an.
From tne Twenty-Seventh Senatorial District, the Hon¬
orable Thomas Flewellen.
. From the Twenty-Eighth Senatorial District, the Honor¬
able Wiley P. Bnrkes.
\From the Twenty-Ninth Senatorial District, the Hon-
\ble Benjamin U. W light.
SENATE.
5
From the Thirtieth Senatorial District, the Honorable
Robert O. Beavers.
From the Thirty-First Senatorial District, the Honorable
James Calhonn.
From the Thirty-Second Senatorial District, the Honor¬
able Rufus W. McCune.
From the Thirty-Third Senatorial District, the Honorable
William Moseley.
From the Thirty-Fourth Senatorial District, the Honora¬
ble Nathaniel G. Foster.
From the Thirty-Fifth Senatorial District, the Honorable
Benning B. Moore.
From the Thirty-Sixth Senatorial District, the Honorable
William Little.
From the Thirty-Seventh Senatorial District, the Hon¬
orable Benjamin F. Hardeman.
From the Twenty-Eighth Senatorial District, the Flon-
orable William Stroud.
From the Thirty-Ninth Senatorial District, the Honora¬
ble James P. Simmons.
From the Fortieth Senatorial District, the Honorable
Lewis Tumlin.
From the Forty-First Senatorial District, the Honorable
Martin G. Slaughter.
From the Forty-Second Senatorial District, the Honora¬
ble Philip M. Byrd.
From the Forty-Third Senatorial District, the Honorable
Edward Coffee.
From the Forty-Fourth Senatorial District, the honora¬
ble Johnson P. Welborn.
From the Forty-Fifth Senatorial District, the Honorable
George Chappell.
From the Forty-Sixth Senatorial District, the Honorable
Samuel Farris.
From the Forty-Seventh Senatorial District, the Honora¬
ble Joseph Waters.
Who appeared and were sworn agreeably to the Consti¬
tution of the State, by the Honorable Eli II. Baxter, one
of the Judges of the Superior Courts of tin's State, and
took their seats.
On motion of Mr. Foster, the Senate proceeded to the
election of a President; when on receiving and counting-
out the ballots, it appeared that the Honorable Andrew J.
Miller, Senator elect from the Twenty-Second Senator! I
District was duly elected.
On motion of Mr. Foster, a Committee consisting of
Messrs. Foster, Day and Moore, was appointed to notify
him of his election, and request his acceptance, and conduct
him to the Chair.
6
journal of the
The President elect, 011 taking the Chair, addressed the
Senate, and returned his acknowledgments.
The Senate then proceeded to the election of a Secretary;
when on receiving and counting out the ballots, it appear¬
ed that Luther J. Glenn, Esquire, of the county of Henry,
was duly elected, and sworn as prescribed by the Twenty-
fifth Rule of the Senate, and took his seat.
The Assistant Secretary, Edward D. Chisolm, was sworn
by the President, as prescribed by the Twenty-fifth Rule
of the Senate.
On motion of Mr. Cone—
Resolved, That the Rules of the last Senate be adopted
for the government of the present Senate, until altered or
amended, and that one hundred copies be printed for the
use of the Senate.
On motion, the Senate then proceeded to the election
of a Messenger, when, after several ballottings, on receiv¬
ing and counting out the ballots, it appeared that Lorenzo
S. Stewart was duly elected.
On motion, the Senate then proceeded* to the election of
a Door-Keeper; when after several ballottings, on receiv¬
ing and counting out the ballots, it appeared that Asa B.
Mitchell was duly elected.
On motion of Mr. P. M. Byrd—
Resolved, That the Secretary inform the Llouse of Rep¬
resentatives that the Senate has organized by the election
of the Honorable Andrew J. Miller, a Senator elect from
the Twenty-Second Senatorial District, as their President,
and Luther J. Glenn, of the county of Henry, as their
Secretary, and are ready to proceed to business.
Mr. Cone offered the following Resolution, which was
taken up, read, and agreed to—
Resolved, That Editors and Reporters, who desire to re¬
port the proceedings of this Branch of the General As¬
sembly, be furnished with seats on the floor of the Senate
Chamber.
On Motion, the Senate adjourned until 10 o'clock to¬
morrow morning.
IN SENATE.
TUESDAY, Nov. 4, 1851.
The Senate met pursuant to adjournment.
The following Message was received from the llouse of
Representatives by Mr. Sturgis, their Clerk—
Mr. President : I am directed by the House V »f Repre¬
sentatives to inform the Senate, that they are now orjran.
SENATE. 7
ized, and ready to proceed to business, baying made choice
of Jas. A. Merriwether, Esq., of the county of Putnam, as
their Speaker, and Thaddeus Sturges, of the county of
Muscogee, as their Clerk.
They have also agreed to the following resolution—
" Resolved^ That a committee be appointed on the part
of the House, to join such committee as may be appointed
on the part of the Senate, to wait on his Excellency the
Governor, and inform him that the General Assembly is
organized and ready to receive any communication he may
think proper to lay before them or either branch thereof;
and the committee named on the part of the House, are
Messrs. Scarlett, Floyd and Holland—to which they ask
the concurrence of the Senate.
Mr. Hardeman offered the following resolution, which
was taken up, read, and agreed to—■
Resolved, That in addition to the standing committees,
the President appoint the following committees, to-wit:
The State of the Republic;
On Finance;
On Banks;
On the Military;
On the Judiciary;
On Internal Improvements ;
On Printing;
On Public Education and Free Schools;
On the Penitentiary and on the Lunatic Asylum.
Mr. P. M. Byrd offered the following resolution, which
was taken up, read, and agreed to—
Resolved, That the Secretary of the State, be, and he is
hereby directed to deliver to the Secretary of the Senate,
all acts of the last General Assembly proposing amend¬
ments to the Constitution, which originated in this House,
and that the Secretary of the Senate report the same to
this body.
On motion of Mr. Foster, the Senate took up the Mes¬
sage from the House of Representatives, and concurred in
the resolution for the appointment of a Joint Committee
to wait upon his Excellency the Governor, and inform him
that the General Assembly was now organized, "and ready
to receive any communication he might see proper to lay
before the same, or either branch thereof; whereupon,
Messrs. Foster, Anderson and Day were appointed that
committee.
Mr. Calhoun reported a Bill to create and lay off two
new Judicial Circuits, one to be called Circuit,
to be composed of the counties of Carroll, Campbell, Cobb,
Cherokee, Forsyth, Lumpkin, Union and Gilmer, and add
the same to the Fourth Supreme Court Judicial District;
and the other to be called Circuit, to be com-
8 journal of the
posed of the counties of Bibb, Houston, Twiggs, ^Dooly,
Macon, Crawford, and to add the same to the Third Su¬
preme Court Judicial District. _
Mr. Bethune reported a Bill to authorize the Board ol
Physicians of this State to hold their annual meetings m
Miiledgeville.
Mr. Crocker reported a Bill to repeal so much ol ail Act
assented to the 19th day of December, 1840, consolidating
the offices of Tax Collector and Receiver of Tax Returns
of the counties of Montgomery, Macon and Clarke, as re¬
lates to the county of Macon.
Mr. Harm an reported a bill to alter and amend the
fourth section of the eleventh division of the Penal Code.
Mr. Anderson reported a Bill to amend the charter of
the Jewish Congregation at Savannah;
Also, a Bill to incorporate the Hebrew Benevolent So¬
ciety of Savannah.
Mr. Foster, as chairman of the committee appointed to
wait upon his Excellency the Governoor, made the follow¬
ing report—
The committee appointed to wait upon his E^fcellency
the Governor, and inform him that both branches of the
General Assembly are ready to receive any communication
he might think proper to lay before them, or either branch
thereof, ask leave to make the following report: That they
have performed the duty assigned them, and receive for
answer that he would lay a communication, with accom¬
panying documents, before both branches of the General
Assembly, this day, at 12 o'clock, M.
The following message was received from the House of
Representatives, by Mr. Sturges, their Clerk—
Mr. President : The House of Representatives have
agreed to a resolution bringing on the election of Comp¬
troller General, Surveyor General, Treasurer, and Secre¬
tary of State, on Monday, the 10th inst., at 11 o'clock, A.
M., to which they desire the concurrence of the Senate.
On motion of Mr. Cone, the Senate took up the message
and concurred in the resolution.
On motion, the Senate took a recess for half an hour,
until 12 o'clock, M.
Twelve o'clock, "TVT
The following message was received from his Excellency
the Governor, by Mr. Smith, his Secretary—
Mr. President : I am instructed by his Excellency the
Governor, to deliver to the Senate his biennial Message
with the accompanying documents. '
senate.
9
On motion of Mr. Cone, tlie communication was taken
up and read, as follows—
EXECUTIVE DEPARTMENT, )
Milledgeyille, November 3rd, 1851. )
Fellow-Citizens of the Senate
and House of Representatives:
In closing my official connection witli the representatives
of the people, it will be my object to place fairly before
them the measures I have heretofore felt, and now feel it
my duty to recommend, sedulously avoiding, as far as pos¬
sible, the introduction of any topic not affecting the inter¬
ests of the people.
While abundant cause of profound gratitude exists, for
the continued kindness of that superintending Providence,
by which our State has been spared from the scourge of
pestilence and famine; yet it is not to be disguised, that
we are passing through a season of bitter discontent that
may well claim the exercise of the brightest of the Christian
virtues, to enable us to perform our foil duty to the State,
the Union, ourselves, and our children. The beautiful sys¬
tem of a representative confederacy of sovereign States,
united upon the principles of Justice and Equality, reflecting
the enlightened judgment of a virtuous, intelligent, indus¬
trious and patriotic people, is only to be feared by the wick¬
ed and corrupt, while to the orderly and right-minded, it is
a pillar of strength that will in the end, ensure justice to
all. Let our object then be, to enlarge the basis of true
civilization within the borders of our own State, by plant¬
ing deeply, and nurturing closely, the elements of a moral
and intellectual culture, with every class and condition of
our people; that each and all may understand and feel the
value of free institutions, and be capable of devising the
best means of perpetuating them.
It affords proper ground of pleasure, that I should be
able to communicate to the Legislature, the highly pros¬
perous condition of the Finances of the State, and the just
appreciation of our public securities at home and abroad.
It is believed, that at no former^eriod, have the bonds
of the State commanded greater confidence, or maintained
a higher value in the markets; nor does this remark apply
alone to that class of the public securities known as the
Domestic Debt, but equally to the remnant of the Foreign
debt, of £15,000, held in England. The advance in the
market value of the latter, within the last two years, and
the increased confidence of the holders, have rendered all
efforts to redeem it impracticable for the present.
The public debt, foreign and domestic, at the opening of
10
JOUKNAIi OF THE
the session of the Legislature in 1847, as communicated in
' a former message, was $1,578,875 60. ^ •
In conformity with the recommendation contained in the
last message of my predecessor, in which I fully concurred,
the General Assembly of 1847 appropriated the sum ot
$375,000 for the completion of the Western and Atlantic
Railroad, a detailed statement of the expenditure of which,
is contained in a former communication ; and, at the same
session, $22,222 22 to satisfy the claim of Peter Trezevant,
for which bonds were issued, and were paid, as heretofore
communicated.
The last Legislature provided that Messrs. L. O. Rey¬
nolds, James P. Cooper, and Richard Peters, should inves¬
tigate the claim of John P. Gray & Co., contractors on the
Western and Atlantic Railroad, for extra work, Ac., and
that the Executive should issue bonds, redeemable by the
Road, for the amount found due by them. Bonds for the
sum of $24,541 10 were issued, and paid to Mr. Gray on
the 29th day of August, 1850, in pursuance of the law and
the report of the Committee, a copy of which is transmitted.
A further appropriation of $20,000 was made, and direct¬
ed to be paid over to the Milledgeville and Gordon Railroad
Company, upon its completion; but no evidence having
been furnished of the compeltion of the Road, This appro¬
priation still stands where it was left by the Legislature.
It will thus be seen, that the liability of the State has
been increased since the close of the political year 1847, to
the close of tfye political year 1851, $397,222 22. The
objects of these several appropriations are so generally
konwn and approved by the country, that furthur detail in
this respect, would n-ot now be disirable.
Since the close of the political year 1847, to the close of
the financial year 1851, there has been paid, of interest on
the public debt, foreign and domestic $414,770 91, and of
principal, the sum of $261,509 72, leaving the debt at this
time $1,724,722 22.
If from this amount is taken $300,000, which is the bal¬
ance of the appropriation for the completion of the Western
and Atlantic Railroad, unredeemed, and which, under the
act appropriating the same, must ultimately be paid off, and
discharged from the net income of said Road, the publia
cebt at this time, is $1,424,722 22 ; less by $154,153 38,
than it was at the close of the political year 1847. The
available funds in the Treasury, applicable to the further
reduction of the public debt, "at the close of the present
fiscal year, as appears by the Treasurer's Report, is $54. _
038 09. This amount ($54,038 09,) being the surplus b\
the Treasury, should be applied, as early as practicable, t0
the further reduction of the public debt; after which, tp
liabilities proper to the State would be $1,370, 684 I3t
SENATE.
11
It will be borne in mind, that the sum of $130,000 was
appropriated by the act of 1845, for the extension of the
Western and Atlantic Railroad, of which sum, $107,400 00
was expended under the direction of my predecessor, and
the balance applied by the present Chief Engineer, by my
approbation, to the purchase of Motive Power and Cam,
for the use of said Road. This sum, however, is no charge
upon the Treasury; as by express stipulation, the holders
ot this class of the public securities are to look alone to the
profits of the Western and Atlantic Railroad, for principal
and interest.
In this connection it would not be? deemed, I trust, out
of place, to remind the General Assembly, that the great
difficulty experienced by my predecessor, in converting
these bonds into cash, or its equivalent, it is believed, in¬
duced the Georgia Railroad and Banking Company, and
the South Carolina Railroad Company, to endorse or guar¬
antee the payment of principal and interest of a large
amount of them; whereby negotiations were effected in
one of our neighboring States. That this transaction was
one of good faith, I have no doubt. How far it is incum¬
bent upon the General Assembly, by suitable legislative
provisions to substitute the credit of the State for that of
these Railroad Companies, in this particular instance, I
submit to its sense of justice and liberality.
The remaining probable charge upon the Treasury to be
considered, grows out of the legislation heretofore had in
reference to the Central Bank, the original capital stock of
which may be estimated, in round numbers, at $3,560,000.
The requisitions on the Bank, in the form of Treasury
warrants, as appears by an official report on this subject,
from 1833 to 1841, inclusive, was $2,293,500, and for the
construction of the Western and Atlantic Railroad, at dif¬
ferent periods from 1840 to 1843, the additional sum of
$680,000, making the amount actually paid, and liabilities
incurred by the Bank for various objects of internal im¬
provement, the support of the Government and other objects
not included in the above estimates, not far from $3,200,000.
In the face of these heavy drains upon the Central Bank,
by the act of 1843, for the education of the poor, 1733
. shares of the Bank of the State of Georgia, and 890 shares
of the Bank of Augusta, which constituted a part of it >
capital stock, amounting to $262,300, was transferred to
the Treasury, and the income from this source pledged to
the object of Education.
From that period, the Bank has not been deprived, mere¬
ly, of this amount of its capital stock, but the dividends
which have actually accrued and been paid into the Trea¬
sury, amounting to. the sum of $129,132 50, in cash, and
the additional sum of $18,600 of the stock of the Georgia
12
JOUKNAJO OF THE
Railroad and Balking Company; making the aggregate,
estimating the Bank Stock at par, of principal and interest,
$410,032 50. What principle of public expediency or
financial exigency, v arranted this diversion ^ of^ the assets
of the Central Rank, at a time when its liabilities were
probably not less than $1,500,000, when its bills were be¬
low par, when there was an extensive and general derange¬
ment of the currency of the whole country, and when banks,
as well as the people at large, were laboring under a press¬
ure, more desolating and disastrous than had been experi¬
enced for years, is to me incomprehensible. As a financial
measure, its effects upon the credit of the State, if not the
pockets of bill holders, were not more instantaneous than
unavoidable. Public confidence was destroyed the moment
it was apparent that the Legislature had deprived the Bank
of a large portion of its assets, which were pledged for the
redemption of its liabilities, and applied them to another
and different object. If it were within the competency of
the Legislature to divest individual rights which had accrued
to the creditors of the Bank, what guarantee was there that
the next step might not be taken, and the Bank be deprived
of all its assets, without providing for the ultimate redemp¬
tion of its liabilities.
It is no answer to this objection, that the Bank stock
referred to, was applied to the great object of educating the
poor, as it will be seen by reference to the records of this
Department, that for the years 1848, 1849 and 1850, inclu¬
sive, the beneficiaries of the fund reported, number 96,860,
and the sum distributed under the act of 1843, for the same
period, is $60,842 50; being a fraction less than 63 cents
to each per annum, and not sufficient, under the lowest
rates charged, to pay for twenty days tuition.
Whatever may have been the policy in which this mea¬
sure originated, from the best consideration I have been
aple to give the subject, I am forced to the conclusion that
the example established, of transferring a fund, after being
pledged to a specific object, before the purpose of the pledge
is fully redeemed, should not be encouraged; and that the
policy of withdrawing the assets of the Central Bank, and
applying them to other objects, and thereby depriving1 it of
the means of meeting its liabilities, is wholly ^indefensible
upon principle. The State has gained nothing, nor pave
the people. By the transfer of the Bank stockfto the Trea-
sury, a necessity is created to supply the deficiency in'the
Central Bank, Tby the State. It can only be done by taxa
tion ; and the result of this whole measure is, that every
dollar distributed has to be returned back to the Bank bv
the people, without any substantial good, as I have sheyni
in educating the poor children. _ _ '
From the view presented, let not the impression prevail
SENATE.
13
that I am opposed to a system of free schools, or to pro¬
viding the means, amply and liberally, to educate all the
youth of the country. But to accomplish this object, let
the policy of the State be straight forward and direct; let
the country know that a claim is made upon the property,
the people, the intelligence and virtue of the State, to fur¬
nish adequate means for extending to all the youth a legacy
of incalculable value, a general diffusion among all classes
and conditions, of the rudiments of an English'education;
for instilling into them, by early training, just conceptions
of the social relation of man to his fellow man, a love of
country and of liberty, and the duty of habitual reverence
and humble obedience to the laws, principles, and teachings
of the great Author of man's existence, without which, all
government is but a fraud—liberty but a name.
The liabilities of the Central Bank, at this time, consist
of Bonds issued to redeem its circulation, amounting to
$371,000. Of this amount, $9,000 is redeemable in 1854,
$39,000 in 1855, $34,500 in 1856, $17,000 in 1857, $21,500
in 1858, $50,000 in 1859, $85,000 in 1860, $5,000 in 1861,
$37,000 in 1862, $48,500 in 1863, and $74,000 in 1864.
The available assets, as reported to me by the Cashier,
may be estimated at $100,000. This probable deficiency,
therefore, will have to be provided for hereafter. Within
four years, ending with the close of the present fiscal year,
the liabilities of the Bank have been reduced $279,069 87.
A large amount of the assets, within the period referred to,
regarded as insolvent or doubtful, have been realized, or
seemed by the officers of the Bank; and much the larger
amount of these claims, I have no doubt, would have proved
a total loss to the Bank, had the assets been transferred
to the Treasury. I have not believed it to be for the inter¬
est of the State to order this transfer heretofore, nor would
I now recommend it to be done. I believe the discretion
vested in the Executive, as to the transfer of its assets,
sound and salutary, and there I would advise it should
remain.
Upon careful consideration, I felt it my duty to invite
the attention of the last General Assembly to our system
of levying and collecting taxes. The inequality of our tax
laws appeared to me so obvious, as to encourage the hope
that the Legislature would not adjourn without the substi¬
tution of the ad valorem for the present specific and objec¬
tionable discrimination principle, adopted in 1804, and
continued up to this time, with slight modifications.
One of the defects of the old system was remedied at the
last session; but the highly objectionable feature of arbi¬
trary specific taxation of property, whether real or personal,
irrespective of its value, as ascertained by the price it would
command in the market, or otherwise, is still retained, in
14
JOURNAL OF THE
violation of the most obvious principles of justice and sound
policy. Taxes, however raised, whether by the State or
General Government, may be regarded as a charge upon
property and people, for the protection of both. In what
mode and to what extent property should be burdened to
raise the required sum, whether by specific levy with dis¬
crimination, or strictly upon the ad valorem principle, has
been, and will doubtless continue to be, the fruitful source
of discussion, and diversity of opinion.
The principle of discrimination that so largely enters
into every system of specific taxation, had its origin in no
clear or well-defined notions of justice, and should only be
resorted to in behalf of property, in which all classes and
conditions of society have, or are supposed to have, an
equal interest. Leave man free to engage in whatever
lawful pursuits may be congenial to his taste, habits and
interests, but let the State beware how the property of one
of its citizens is exempted from taxes, while, by an une¬
qual and unjust discrimination, heavy burdens are imposed
upon that of another. The obvious duty of the Legislature,
as it seems to me, is to ascertain with precision, or approx¬
imating it, the sum required to meet the demands upon the
Treasury, and then, from the property of the country, raise
the requisite sum; not by saying that 100 acres of land,
though worth one thousand dollars, should pay no more
tax to the State than the same number of acres adjoining
it, not worth one hundred dollars; not by exempting the
property of one man, and taxing that of another; not by
saying that, as between two individuals possessed of equal
amounts but different species of property, the one should
be assessed at the rate of fifty dollars, whereas, of the other
only five dollars is demanded; but by levying t^e same
rate of tax upon all of the property of the State, according
to its value. If discriminations are to be tolerated at all, I
am clearly of the opinion it should be in favor of real
estate, as against personal; but certainly there is no equal¬
ity or justice in a system of finance exacting different rates
of taxes on lands of the same value.
One of the objections offered to a system of taxation
based upon the value of the property itself, is the want of
reliable data by which the principle could be tested. All
must foresee the imminent danger to the credit of the
State, its character and prosperity, resulting from an ina¬
bility in the Treasury to meet promptly all demands upon
it, by whatsoever means produced. But it is believed the
present period is exceedingly favorable, either for a total or
partial change of the present system. The data furnished
of the value of real and personal property of this State,
under the authority of an act of Congress, during the last
year, would be highly useful. Many interesting statistics,
SENATE. 15
that would serve to direct the research and investigation
of the Legislature, in fixing the proper rate of levy to raise
a given amount, might he obtained from the Census books
deposited in the office of the Secretary of State. It may
not be unworthy of notice that, upon this authority, the
real estate of Georgia was estimated at $120,663,283, the
personal at $210,081,251, and that one-eighth of one per
cent, on the gross amount would bring into the Treasury
about $317,282,82, after allowing sixteen per cent, for
assessing, collecting, and paying over the same; an amount
exceeding the present income, and more than adequate for
the present and accruing liabilities.
Having discussed the subject, somewhat at length, in a
communication submitted to the last Legislature, I feel
that it would be an unnecessary tax upon your indulgence
again to repeat the arguments then submitted. I most
respectfully refer you to what was then communicated, as
containing not merely my opinions at the time, but since
greatly strengthened by further observation, reflection and
experience. I cannot therefore too earnestly urge upon
you a strong and abiding conviction, that justice and good
faith, as well as expediency, imperiously claim at the
hands of the Legislature, an entire change of the principle
of your tax laws, by the substitution of a tax based upon
the value of property. Whatever may be the fate of this
measure before the present Legislature, I shall ever cherish
the hope that a sense of right, a love of equality and justice,
will ultimately prevail; and that the sound principle of
taxation, that the burthens of Government should rest upon
the objects of its protection, so earnestly pressed upon you,
will become firmly riveted upon the public mind.
The reports of the Treasurer and Comptroller General,
for the financial years 1850 and 1851 are herewith trans¬
mitted. The duty imposed by law upon the Treasurer has
been complied with, and his estimates of the probable
receipts and expenditures for the next two years are sub¬
mitted.
The total available balance in the Treasury, at the close
of the financial year, is $118,069 45. From this sum
deduct $37,180 71 of undrawn appropriations, $30,219 40
of the tax of 1851, collected before the close of the financial
year, and $10,582 00 dividends on " Education Fund
leaving a surplus at the close of the fiscal year of $40,087 34.
The amount of undrawn appropriations that will revert
to the Treasury will probably not vary far from $13,950 75;
making the actual surplus in the Treasury, subject to any
future appropriations made by the Legislature, or appli¬
cable to the public debt, $54,038 09.
At the last session an Act was passed providing $70,000
as an annual sinking fund. It was early foreseen, after
16 JOURNAL OF THE
the adjournment of the Legislature, fronqtlie extraordinary
expense of that session, exceeding as it did the estimates of
the Treasurer by $39,301 OS, independent of an extraordi¬
nary appropriation of $30,000, the expenditure of which
was dependent upon contingencies that did not arise until
near the close of the fiscal year, that the Treasury might
be somewhat straightened if an application of the sinking
fund to the redemption' of the Bonds was made before any
portion of the taxes of 1850 was received. Efforts, how¬
ever, were made abroad, by the agents of the State, to
ascertain at what rates the' £15,000 sterling could be
obtained; and from causes already mentioned, it was
deemed injudicious to redeem these securities at the time.
ISTor was there any application made, or opportunity offered
the Treasurer, to redeem any portion of the domestic debt
before March last, when $72,000 of the 6 per cent, bonds
were offered and redeemed. Diligent inquiries have since
been made to obtain the Bonds of the State, that the surplus
now in the Treasury might be applied in redeeming the
same; but with little success.
At a more recent date notice was given in the public
gazettes of the readiness of the Treasury to redeem an
additional sum; and after all proper means used to induce
holders to part with the Bonds of the State at par, within
the last two fiscal years, just closed, the amount presented
and redeemed at the Treasury is $103,750 00, of the 6 per
cents; thus furnishing the most satisfactory evidence of
the prosperous condition of the financial affairs of the
State.
In this connection it would be an acceptable announce¬
ment to make, I apprehend, to the Legislature, that, after
years of delay, the sum of $65,683 11, exclusive of com¬
missions, has been collected from the General Government,
for advances made, and the interest accruing thereon, in
the Indian disturbances of 1836. Under the authority of
a Joint Resolution of the last Legislature, I appointed
Joseph Sturgis, Esq., the Attorney in fact of the State, to
urge upon the Authorities at Washington this pist claim,
of fifteen years standing. To his untiring zeal, assiduity,
and skill in the management of this long neglected claim,
the State is in no small degree indebted'for the respectable
smn received, so very generally regarded as utterly worth¬
less. A claim of the Central Bank against the" United
States, of like character, was also placed in the hands of
Judge Sturgis, with like happy results; the Bank bavin n-
received for this claim $21,04400. g
The Reports of the Chief Engineer of the Western and
Atlantic Railroad, for the years 1850 and 1851, and tfie
Reports of the Finance Committee, appointed under tfi6
Act of 1845, are also transmitted. To these Reports J
SENATE.
17
invite the calm and patient attention of the Legislature, for
many valuable suggestions, and much useful information.
Questions of deeper interest to the future prosperity of
the State will not engage your attention, than those con¬
nected with this public work. They rise above all party,
selfish, or sectional considerations; and to the enlarged
and comprehensive views of the Statesman, address them¬
selves with a force too irresistable, it is believed, not to
insure the adoption of wise measures.
It was early foreseen bv the friends of this work, that
sectional jealousies would spring up, 'and that it would
have to encounter opposition from this quarter, not less
virulent in its character, than from that equally deplorable
infirmity, unfortunately too prevalent with certain classes,
to busy themselves most in matters of public concernment,
in which they are most ignorant. The Report of the
Finance Committee, and the views there presented, as
well as the policy in which this Railway had its origin,
would seem to demand at my hands, in retiring from the
public trust confided to me, to enter somewhat into the
detail of facts connected with t the administration of the
affairs of this Road, since my official connection with it
commenced. This seems to me proper, that the public, as
well as the Legislature, may understand the policy that
has governed me, and the difficulties with which the man¬
agement of the affairs of the Road has been invested, from
the moment of my connection with it.
It will be conceded, I apprehend, that the successful
management of a railroad very much depends upon the
financial ability with which its income and disbursements
are conducted.
When the present Chief Engineer was called to perform
the threefold duties of a Board of Directors, President, and
Chief Engineer, the name affixed to those duties by our
statute, was that of Chief Engineer.
To find blended in one man the highest attainments in
these several departments, combined with practical experi¬
ence in each, was not to be expected, at least for the inade¬
quate salary of $1800 per annum, a compensation below
what is believed to be paid on most of the important roads
in the State, to the Chief Engineer alone. Being quite sat¬
isfied of the eminent qualification of the present incum¬
bent, in every thing connected with the financial duties of
this truly multifarious office, to which he combined an ac¬
curate theoretical' knowledge of Civil Engineering, super¬
added to which, I may mention 'his elevated character for
probity, intelligence, and strictly business habits, with an
intimate acquaintance with legal principles, and the neces¬
sity of such knowledge in the adjustment of many vexed
questions, left as a legacy by the preceding administrations,
18 JOURNAL OF INK
clearly indicated Mr. Mitchell as a suitable person to invite
to this responsible station.
Being satisfied at the time, that the public interest would
be promoted by calling the present incumbent to take chaige
of this branch of the public service, I have had no just
cause to change that opinion since. The propriety ot this
remark will be seen, when it is known to the Legislature,
that in every instance of a charge involving the^ misman¬
agement of the Road, brought to my attention in a form
that would warrant official notice of the same, the accusers
have invariably failed to adduce proof in support of their
charges. The conclusion would seem irresistible, that alle¬
gations have been preferred through a misapprehension of
the facts, or from motives less creditable to the human
heart, and looking to ulterior objects connected with party,
or the creation of a public opinion that would devolve upon
the Legislature the necessity of disposing of this valuable
property, to private individuals or companies.
In January, 1848, when the former Chief Engineer, Mr.
Garnett, turned over the effects of the Road to the present
incumbent, abount one hundred miles, commencing at At¬
lanta, and extending to Dalton, were completed ; and the
entire equipment for this extent of Railway, consisted of
six locomotives—one of which was purchased after the 1st
of November, 1847—two passenger cars, and two baggage
cars ; with an outstanding debt, amounting to $42,167 43,
and a cash balance in the hands of the Treasurer of
$1,878 75.
This equipment would be admitted by all experienced
Railroad men, as wholly inadequate ; admitting the en¬
gines and cam all new, and fit for use. The passenger cars
were, at best, roughly constructed, and not likely to attract
the admiration of travellers, either for the comfort afforded,
or elegance of finish. The motive power was miserably de¬
ficient.
Since January, 1848, to the present time, the motive
power lias been increased by the purchase of seven locomo¬
tives ot the first class, at a cost of $44,500; making the
present equipment in motive power, to consist of thirteen
engines, seven of which have been bought and naid for
smce April, 1848; and most of which a?e hi good Jrder,
and are believed to be barely sufficient to do the business
tor the present,
. the deficiency in freight cars still exists and until it
is supplied, it"inay be expected that the business of the Bond
will not be conducted with dispatch, or satisfaction to'th
public. It is believed that, from the earliest experienc t
the present moment, few, if any, examples can be f0,e 1°
where either a State or Company, with one hundred
thirty-eight miles of Railroad, has attempted to do the b*
SENATE. 19
ness of transportation, for any considerable length of time,
without a full equipment of freight cars. If the question
is considered alone, in reference to the net income of the
Road, economy would demand an immediate equipment.
For, let it be borne in mind, that the present Engineer
found, upon entering upon his duties, a subsisting contract
with the Georgia Railroad, and the Macon and Western
Railroad Companies, made by the former Chief Engineer,
Mr. Garnett, that one-eighth of the gross amount received
for freight, transported in the cars of those Companies over
the State Road, should be paid as hire or rent, for the use of
the same, together with the expense of repairing all cars
which might be broken or injured, while engaged in' such
transportation. These items, for the last two years, amount
to the sum of $45,845,69, exclusive of an unadjusted claim
of the Georgia Railroad Company, for repairs^of cars, of
$17,111 51.
The cost of freight cars, necessary to have performed the
transportation for the same time, would not have exceeded
$60,000, estimating the number of cars to be one hundred;
while the entire cost of the construction of the Western and
Atlantic Railroad, up to this time, amounts to $3,913,-
862 28. From this data it will be seen, the Georgia Rail¬
road, and Macon and Western Railroad, have probably
received, upon their capital invested in cars, from the State,
in the form of rent and repairs alone, about thirty-eight
per cent, per annum for the two years just ended, whereas
the State has received, upon the capital expended in the
construction of its Road, about one and a quarter per cent.'
for 1850, and two and a quarter for the year just termi¬
nated.
But a complete equipment of freight cars is demanded,
not merely from the consideration noticed, but it is essential
to the faithful discharge of a duty to the public, undertaken
by the State. Freights in large-quantities, accumulate
occasionally at different points on the Road; the owners
or shippers are deeply interested in having them sent for¬
ward to meet an advance in the market, actual or antici¬
pated ; but how often is it the case, when the freight cars
are most needed on the Western and Atlantic Railroad, the
Georgia and Macon and Western Roads are not able to
meet the demand? And if injury result to the ownef or
shipper of produce or merchandise, by a decline in the
markets, from such unseasonable detention, is not the State,
by its mistaken and ruinous policy in refusing to equip the
Road, morally, if not legally, answerable for the damage.
There is no obligation on the Georgia or Macon and
Western Railroad Companies, to furnish cars for the use of
the State Road; and it may not be expected they will do
go, unless it suits their interest or convenience?
20 JOUBNAL OF THE
But another insuperable objection to the longer continu¬
ation of the existing arrangements, grows out of the fact,
that the business of transportation of three Roads, becomes
so mixed and blended, as to create much confusion in
fixing the liability of each, for the loss or damage of mer¬
chandise and produce in transitu. Much more might be
said, but it is deemed unnecessary, as this branchy with all
other questions connected with this subject, is forcibly pre¬
sented in the Reports of the Chief Engineer, and accom¬
panying documents of the Finance Committee, herewith
transmitted.
It is generally known, that the iron used on fifty miles
of this Road, is of the most inferior class, and wholly un-
suited to its peculiar curvilinear structure, or the nature of
its business. So radical is this defect of structure, the as¬
sertion may be safely ventured, that a succession of acci¬
dents, with a heavy loss of property, and possibly, human
life, may be apprehended, unless the early blunder is reme¬
died, as far as possible, by the substitution of a heavy iron
rail for the one now in use.
Upon this subject, a becoming solicitude was manifested
two years ago, as also in relation to providing a new organi¬
zation for the government of the Road. It need not be
said, that these subjects, of great interest then, but of vital
moment at this time, did not receive the favorable consid¬
eration of the Legislature.
The Road was left, although in the process of completion,
under the management of the Executive and Chief En¬
gineer, restricted by statute in many of their duties, when
a sound discretion would seem indispensable to its best
interest; without means or equipment, forced from stern
necessity, to incur heavy expenditures for erecting a bridge
oyer the Chattahoochee, and substituting heavy and expen¬
sive embanking for the rapidly (decaying bridges at Noon¬
day and Proctor's Creeks; the wonder should rather be, to
a calm and impartial observer, not that complaints may
have been heard, but that so much has been achieved, and
so few accidents occurred, under circumstances so embar¬
rassing.
. From the condition of the Road, and its obvious incapa¬
city to meet the daily increasing business of transportation,
I was forced to assume the responsibility of making suitable
provision for the purchase of heavy iron rails for nhnnt
fifty miles of the Road. Feeling sensible that no authnvitv
was vested in me, or the Chief Engineer, for this obie t 1 -
law, the contracts were made binding, upon the condV
they were ratified by the Legislature. A full and det wi
statement of the purchases of iron from Messrs. Padelf a
Fay & Co., Savannah, is contained in the report 0f l
Chief Engineer, to which I respectfully refer the LGr/p1 e
SENATE.
21
ture. In that Report, copies of all the correspondence had
on the subject, and of the contracts entered into, will he
found; with a clear and faithful statement of the facts and
circumstances that, in my judgment, rendered the purchase
of iron a duty, I could neither postpone or ayoid, without
the most reckless disregard of the public interest. It is
true, if I had been capable of entailing upon my successor
inextricable embarrassment, or could have derived pleasure
from seeing the interest and character of the State sunk
and degraded, I might have folded my arms, and permitted
the Road to fall a wreck on the hands of others.
The purchase of one thousand tons of iron was made in
April last; which is now being laid, and will extend over
about twelve miles. In addition, 3,200 tons have been con¬
tracted for, and from the last advices from Messrs. Padel-
ford, Fay & Co., may be expected in Savannah, sometime
in this month and December next.
It will be seen, by the terms' of the contract, that it is
expected the cost of the iron will be provided for at an
early day of your session. The cost of the "first 1000 tons,
at Savannah, was $13,702 18; and the 3,200 tons, will not,
probably, exceed $121,800; making the sum to be provided
for, $168,512 18. This may be done, if the Legislature
should ratify the contracts, by an application of a part of
the surplus now in the Treasury, and by issuing six per cent,
bonds, redeemable by the Road, and guaranteed by the
State. Should this course be pursued, there can be no
doubt of the entire capacity of the Road to meet the in¬
terest promptly, and ultimately redeem the principal; so that,
in fact, the public debt of the State would not be increased.
It is believed, the facts disclosed by the Finance Commit¬
tee, and by the Report of the Chief Engineer, are quite
sufficient to demonstrate the propriety of providing an in¬
dependent equipment of freight cars.
By reference to the Report of the Chief Engineer, it will
been seen, that $500,000 would cover the cost of relaying
fifty miles of the Road with heavy T rail iron, and equip it
with locomotives, freight and passenger cars, sufficient to do
the increased business, that will necessarily result from the
completion of the Railroads now in progress in Tennessee,
connecting with ours; to say nothing of the increase from
the developments being made in our own State. I cannot
doubt that the true policy of the State is, fully to equip this
Road, pledge it with its income, after the discharge of its
liabilities, as sacred to the cause of Education, perfect its
organization by a Board of Directors, of whom one should
be made the President, vesting in the Board the ordinary
corporate powers ; and thereby, as far as possible, discon¬
nect it and its government, from all improper influence, or
the appearance of it. To do this, however, successfully, the
22 JOU-KXAL OF TUK
example furnished in the organization of the Supreme Court,
of selecting gentlemen of qualification from both political
parties, is worthy of imitation; and it would relieve the
Governor of responsibilities, which certainly are not desira¬
ble, and from the nature of which, his other, and para¬
mount duties,render it difficult, if not impossible, for him
to perform, satisfactorily to himself, or the country. _
It has occurred to me, that this is a propitious time, to
bring to the notice of the General Assembly, a question,
intimately connected with the prosperity of the State.
Heretofore, our energies have been directed to the con¬
struction of Railways. Has not the time arrived when the
State should extend its aid to our enterprising citizens, in
the establishment of a line of Steam Propellers from Sa¬
vannah to England, or even the continent of Europe ?
The success of private Companies, in navigating the ocean
by steam, is generally known ; and the advantages result¬
ing to such of our Atlantic cities as are directly connected
with it, are obvious. Why should we expend our millions,
in affording a cheap and expeditious railway transportation
for the agricultural products of the State, to Savannah?
Certainly not, because it is expected that our cotton, bread-
stuffs, &c., are to be consumed at this port, but on reaching
there, may be shipped abroad, and seek more remunerating
markets. Should the foreign market be reached by direct
shipment, or by the circuitous route of Hew York, with a
long list of charges and expenses, which might be avoided,
is the question.
If it was good policy in the State, to expend four millions
in the construction of a railway, which by its connection
with others, enables the farmer from our extreme limits, to
offer his surplus products, at a remunerating price in Savan¬
nah, why not, by further facilities, enable him to offer his
commodities in England, France or Germany, at better re¬
munerating prices ? Why should the producers of Georgia
be dependent on the city of Hew F ork, for the articles they
consume, of foreign production or manufacture, as well as
the price they receive for the products of the farm ? The
answer is, that Hew York has the capital, by the skillful
management of which, she commands the whole commerce
of the country By this engine of power, Hew York fixes
tiie standard of value of our exports, to some extent at least
and exacts from us tribute, in the way of charges, ffr.-vfwn
rng and forwarding, storage, wharfage, drayage, and com¬
missions, besides the profits of the merchants through wi
hands they pass, until they reach the hands of the eons ■
This is true of our exports, as ivell as imports, jrv u™ei_*
thing paid for these objects, must of necessity, accord^'
the laws of trade, diminish the market value of the
of the Georgia farm, in Savannah. ducts
SENATE.
23
But it may be asked, would a line of Steam Propellers
from Savannali to England, or the Continent, relieve us ?
Perhaps not entirely, but to some extent, I have no doubt.
Commercial facilities, in the transportation of produce or
merchandise with regularity and dispatch, are, in fact, a part
of the merchant's capital, and to that extent, at least, it
would be the introduction of it into our State. Is not much
of the business of New York, based upon a system of credits,
that has grown up in large dimensions, mainly from the
facilities of commercial intercourse with England and Eu¬
rope ?
This credit is capital, for nil practical purposes, while
confidence remains firm and unshaken; and we, of Georgia,
are forced to yield up just so much of the value of our pro¬
ducts, by the present course of trade, as pays the enormous
profit to the city of New York, by which this system of
credits is kept afloat. Does it become us to pay tribute to
New York? We produce the staples upon which a re¬
spectable portion of the commerce of the country is based;
why should we then, with this solid capital, be dependent
upon other cities, to convert it into cash, or exchange it
abroad'for such articles as we desire to consume ?
I am not insensible of the difficulties that lie in the path
of success, yet, I cannot forbear the expression of the
opinion, that a great step to be taken to elevate the State
and increase the reward of Agricultural industry, is to
stimulate a direct trade between our own seaport and
ports abroad, and, if to accomplish this end, the credit
of the State should be found necessary, to a limited
amount, the wisdom of the policy, in my humble judg¬
ment, would soon become so apparent, as to command the
approbation of the country.
These suggestions are respectfully submitted, more with
the hope that they will excite a spirit of inquiry and in¬
vestigation, than with any confident expectation' that they
will be at once acted upon. The necessity, therefore, of
entering frilly into the discussion, is not believed to exist
at this time.
Under a Joint Resolution of the last General Assembly,
as also the preceding one, it was made my duty to appoint
a Committee to inquire into the state of Education in
Georgia, to report to the next Legislature on the present
Poor School laws, to recommend any alteration in the
same, that might to them, seem advisable," or to suggest
a plan for general education, if conceived by them expe¬
dient, accompanied with a Bill for carrying out the same.
Under the first Resolution, adopted in 1847,- the Hon.-A.
H. Chappell, Bishop Elliott, and Dr. Leonidas B. Mercer,
were appointed a Committee. They failed, however, to
report to the last Legislature.
24: ( JOUBNAL OF THE
It is proper I should, also state, that a part ot the Cob^
mittee, as came to my knowledge, bestowed considerable
labor in collecting materials preparatory to the Report.
A regret was felt, and by none more than myselt, that a
report from these gentlemen, so favorably and generally
known, was not made. The last Legislature •substantially
adopted the Resolution of the preceding one,_ containing
the same highly objectionable feature, requiring me to
appoint a Committee to prepare a report upon this sub¬
ject to the Legislature, " provided the same could be done
without cost to the State, or cost upon the School fund."
During the early part of the last year, an opportunity
was offered for consultation with an eminent citizen, who,
from education, pursuits .and practical experience, was
well informed of the wants of the country in reference to
the subject, and who kindly assured me of his willingness
to serve the public in this respect, if, upon reflection, he
should become satisfied that he could do so with satisfac¬
tion to himself, or with benefit to others. Within the last
forty days, the Rev. George F. Pierce, the gentleman re¬
ferred to, through a friend, notified me of his readiness to
engage in this arduous duty. Dr. Talmage, President of
the Oglethorpe University, and Dr. L. B. Mercer, of Lee,
were associated with him, from each of whom, the grati¬
fying assurance has been received, of their ready co-ope¬
ration. From the Report of this Committee, which may
be expected at an early day, valuable information and
suggestions, deserving the consideration of the Legisla¬
ture, may be confidently anticipated.
I consider, from the high character, literary attainments,
the zeal, and general knowledge of the wants of the State,
which these gentlemen will bring to the task of preparing
a Report on the subjects embraced in the Resolution, the
country has a guarantee of its ability and practical utility.
It is contemplated by the terms of the Resolution, that
the report will be made directly to the Legislature* by the
Committee. . ° y J
Upon this important subject, of universal interest, I
have, m the discussion of other questions, incidentally re¬
ferred to some of the considerations that may arise in this
One or two additional suggestions only, j be offered
this time.
Judging from the demonstrations made durum thp
summer, in behalf of Education, it may be assumed that
a large proportion of the intelligence of the Stat •
favor of abolishing the present system, (if q e 18 *n
regarded,) of educating the poor, and adopting free g v° ,
common to all, in its stead. A system of common sch°°i
I doubt not, may be established, adapted to the w» t '
our people ; but to plant and rear so delicate a bud °*
SENATE.
25
at the same time, of such incalculable importance to the
future character of the State, requires the fostering hand
of the Legislature.
The arguments in favor of Common Schools, to my
mind, are clear and unanswerable; but obvious propriety
will not allow me to notice but one or two.
Equality in the distribution of benefits by the State to
its people, is a cardinal principle of Justice. When this
principle is observed, you produce amity, concord and
friendship; when disregarded, the consequence is heart¬
burnings, discontent and opposition. Success in this
noble work of educating the youth of the State, and
thereby preparing them, in some measure, at least, for
future usefulness to themselves, their families, and their
country, is the business of all classes and conditions, con¬
jointly and harmoniously co-operating to bring about one
general result.
There is in the human heart, a feeling of approbatioh
and security in systems of education, as well as others,
that are based upon equal rights ; while the opposite feel¬
ing of repugnance and mistrust, springs up for that muni¬
ficence that degrades the objects of its care, by odious
distinctions. The poor parent may desire to see his child
educated, and feel himself unable to furnish the means,
but he does not wish to be pointed at as an improvident
father, who, from folly of crime, is unable to discharge
this duty to his child; and, again, the generous, high-
souled youth would sooner grope his way in ignorance
through life, than to enter the school-room to be taunted
and jeered by his fellows as a charity scholar. False as
may be deemed this pride, it is a part of the nature of
man, and if it is the design of your policy to be useful,
your education must be general, and every difficulty re¬
moved, as far as possible, to the consumation of this ob¬
ject. You must invite, encourage, and induce parents to
discharge their duty to their children, in this respect. You
cannot, and ought not, to force- them. But all disgrace,
real or imaginary, all inequality between the rich and the
poor, is swept away the moment your system of education
is common to all.1
A commendable emulation is excited, a closer com¬
munion produced, ties of friendship created, and a broader
field is opened for the full exercise of the manly feelings,
which, if not planted in youth, never take root, by the
rich and the poor mingling together, and deriving in¬
struction from the same source. But conclusive as I be¬
lieve the arguments to be, in favor of Common Schools,
over the system of educating the poor, provided by the
act of 184:3, I forbear further remarks, and apply myself
to the consideration, briefly, of the capacity of the State to
26 JOURNAL OF THE
furnish adequate means for a system ot Common Schools.
What are the resources of the State, and by what means
is the required sum to be raised, for the object under con¬
sideration ? This is the great question, and upon the cor¬
rectness of your decision in this regard, hangs the destiny
of this measure.
The Bank-Stock, the income from which is, under the
law of 1843, .applied to educating the poor, is an appro¬
priate fund to be applied to this object, whenever the State
provides for the holders of bonds ot the Central Bank.
The next source of permanent income for this object,
should be the net income from the Western and Atlantic
Railroad, after the present liens, and such as may be ne¬
cessary to incur for its immediate equipment and repairs,
have been redeemed; and the deficiency, if any, should
be supplied by a per capita tax.
From these three sources, it is believed, adequate means
for the most enlarged usefulness might be obtained, if not
presently, at no distant day. In the meantime,, while the
Railroad is engaged in discharging its liabilities, let the
income from the Bank-Stock, and the Poll-Tax, be applied
to the preparation of teachers, selected from among our
own young ladies and gentlemen, and educated gt our own
Schools and Colleges. The leading Christian denomina¬
tions in our State have, within a few years past, founded
Colleges, and are annually returning to society, highly
cultivated and moral young men, eminently qualified to
take the lead in this great work. Besides these Denomi¬
national Colleges, there is the University of the State;
what may it not accomplish in the preparing and qualify¬
ing of young men to engage in this important service.
Encourage these several Colleges, by selecting in some
equitable mode, such young men as are willing, for a period
of 'years, to engage in thp duties of teaching, to indemnify
for the money expended in educating them, and you have
a guarantee of securing a corps of teachers, thus organized,
of greater usefulness to the country, than by any other
plan that has suggested itself to my mind.
But it this plan be not acceptable, let a better one be
adopted. It has occurred to me, that providing the ne¬
cessary means and securing competent teachers, unexcep¬
tionable in all respects, would be the greatest difficulty
to overcome. For immediate use, no income need be ex¬
pected from the Railroad. The deficiency from that source
if it should be deemed advisable to commence the system
at once, might be supplied by taxation, or by the State
issuing bonds, the interest accruing thereon only to be
paid by the State, which should be an ultimate chara-e
upon the receipts of the Western and Atlantic Railroad
This, I should consider, however, obnoxious to some ob'
SENATE. 27
jections, and therefore, do not press it; but would, with
great deference, advise the assessment of a poll-tax, which,
with the income from bank-stock, should be applied, first,
.to the qualification of teachers; but if it is believed a
sufficient number could be engaged qualified, not merely
from literary attainments, but from association, principle,
and sympathy with the people of Georgia, the experiment
might well be made, and its beneficial results tested, frost
the sources of income alluded to. Should, however, the
poll-tax and bank-stock not furnish a fund, commensu¬
rate with the high claims of education upon the Legisla¬
ture, let the deficiency be supplied by an open and undis¬
guised requisition upon the property of the State.
If it is the wish of property-holders, to see the blessings
of education extended to all classes and conditions of our
people, they will yield to the necessity that demands the *
means ; but if they do not, the hope of success must be
deferred to a more favorable season. But, whatever may
be the fate of yojir efforts to mature a system of common
schools at this time, I cannot too earnestly urge upon you
the importance of pledging the "Western and Atlantic
Railroad, with its net income after discharging its liabili¬
ties, to the great object, in which all are interested, of
common schools. Should the system recommended, or
any other, receive the favorable consideration of the Le¬
gislature at this time, however limited the means may be
at your command, you must have a head—an able and
responsible Agent or Superintendent, whose duty it shall
be to see to the faithful execution of your own plans ; or
your brightest hopes will end in disappointment.
Copies of the reports of the Commissioners of the Deaf
and Dumb Asylum, and of the Trustees of the Lunatic
Asylum, are herewith transmitted. These several reports
are commended to the careful consideration of the Legis¬
lature, as containing highly satisfactory evidence of the
fidelity with which these Institutions have been managed,
and the corresponding improvement and benefit derived
by those afflicted and unfortunate classes of our people.
These benevolent institutions were founded in the warm
sympathy all should feel for the afflictions and sufferings
of others, and the necessity of protecting the community
from the possible violence and annoyance of unfortunate
beings, deprived of reason.
Each of these Institutions should receive the fostering
care of the Legislature; and I would fondly hope that
nothing will be left undone to extend the sphere of their
usefulness, that all necessary means will be provided, for
enlarging the comfort of the Lunatics1, and increasing the
probabilities of their restoration, and for gladdening the
hearts of the Deaf and Dumb by unveiling to their un-
28 Jorii^AL OF THE
derstanclings the treasures of knowledge, and pointingout
to them the parli of a virtuous, industrious and useful fit©-
These are solemn trusts, confided to your care, and
cannot fail to command your attention and cordial sup¬
port. The probable amounts required for the support of
each -Asylum, will be found in the respective reports.
All efforts to adjust the question of boundary between
this State and Florida, by reference or negotiation, have
failed. At the instance of the latter State, a bill has been
filed, and the question is now pending before the Supreme
Court of the United States for its decision. The corres¬
pondence not heretofore communicated to former Legisla¬
tures, and printed, is transmitted. Believing it to be my
duty to have the interest of the State protected, the Hon.
J. M. Berrien was engaged, as the Attorney of the State,
for that purpose.
The Legislature appropriated $1000 to erect a monu¬
ment over the remains of the Hon. John Forsyth, which
are interred in the Congressional burying ground at "Wash¬
ington City, and directed me to cause the same to be put
up with suitable inscriptions, &c.
Upon consultation with a member of Mr. Forsyth's
family, it was deemed advisable to suspend action under
the Resolution, and refer the subject again to the Legis¬
lature. It would certainly be more congenial to the feel¬
ings of Mr. Forsyth's family and the people of the State,
that this testimonial of regard should be erected on some
conspicuous site in our State. The illustrious dead was
endeared to the people of Georgia, by a life devoted to
their interest; and it appeared to me that there was a
peculiar propriety in conforming my action to what I am
sure, must be the general wish of all, that the monument
contemplated, should be erected on the public grounds
near the State House, or at some more eligible place, and
that such addition be made to the appropriation, as would
accomplish the^ object in a style worthy the character of
the State, and'its distinguished son.
At the same session, two hundred dollars was appropri¬
ated to erect a Tombstone over the remains of General
Jared Irwin, former Governor of this State. Upon advi¬
sing with the surviving daughter of Governor Irwin I
was induced to suspend the execution of the law directing
it to be done, and refer the matter to the Legislature for
such action as it might deem worthy and proper to per¬
petuate the memory of one who has rendered viWWp
military and civil services to the State.
Under the authority of an act of the last General As¬
sembly, the unsurveyed lands in the county of W
were directed to be surveyed and sold. One hundred
seventy lots have been surveyed, and advertised for g^le
SENATE.
29
on the Ill'st Tuesday of this month, • at the Court-house of
Ware county. A large proportion of the Okefenokee
Swamp remains unsurveyed, and from the report of the
Surveyor, engaged in this service, it would he attended
with vast expense to- push the survey further than has
been done, without much probability of the State ever
being reimbursed for such an expenditure. What dispo¬
sition should be made of the unsurveyed lands in Ware,
consisting mostly, if not entirely, of the Okefenokee
Swamp, is respectfully submitted to the Legislature.
By a recent decision of the Supreme Court, a sale of
certain fractional lots of land, authorized under the act of
1847, lying in the territory disposed of under the Lottery
act of 1825, has been declared void, upon the ground, it
is understood, that the contract between the State and
original purchasers of these fractions (at least in the case
that was decided,) was impaired by the subsequent sale
under the act of 1847. This decision has not, I believe,
been published, and I have had no opportunity of seeing
it, but if correctly stated above, provision should be made
by law, authorizing the Treasurer to pay back to the pur¬
chasers, the purchase money and grant fees received under
the act of 1847.
Other lands, declared forfeited by the act of 1849, in
the county of Ware, if not granted by the first of October,
1850, would have been offered for sale, at the same time
and place, the newly surveyed lands were, but for the
apprehension that the principle settled by the Supreme
Court in the decision referred to, would apply to them
also.
I found that many errors had taken place in issuing
grants for fractions, and chiefly because no numerical book
had been provided so that an entry could be made in this
Department when the grant passed ; hence, I thought a
necessity existed for having prepared a book containing
the fractional lots of land thoughout the State, arranged
alphabetically as to counties, and similarly to the land
lottery books in number. Such a book has been prepared
with great care and labor, and supplies a vacuum that has
heretofore existed in our land of books. This labor has
been performed by John T. Smith and Julius M. Patton,
for which a fair compensation should be allowed them.
Brinkley Bishop, convicted of murder in the county of
Bibb, James Norris in Butts, James Johnson in Baldwin,
and Garland D. Cornett in Morgan, have been respited to
December next; Bishop to the 12th, fSTorris to the 5th,
Johnson to the 26th, and Cornett to the 19th. Copies of
the evidence upon which the several convictions were
founded, with the petitions in each case, are respectfully
transmitted to the Legislature.
30 JOURNAL OF THE
I felt it 1117 duty to withhold my approval of two Acts
of the last General Assembly, and two Resolutions, which
are transmitted to the respective Houses of the Legisla¬
ture, in which they originated, with my objections to each.
I herewith transmit the Resolutions ot different States,
received since the adjournment of the last General Assem¬
bly, for the consideration of the Legislature.
By a Joint Resolution of the last General Assembly, I
was authorized to have the Digest prepared by Thomas R.
R. Cobb, Esq., of the Statute Laws of the State, with a
notice of the decision of the Supreme Court on each, as far
as practicable, thoroughly examined by a competent Com¬
mittee, and if found correct and faithful, to subscribe for
a number of copies not exceeding three thousand, at a
price not to exceed $4 per volume. TJnder the authority
of .this Resolution, Erancis LI. Cone, Junius Hillyer, and
Edward H. Worrell, Esquires, were appointed the Com¬
mittee, who, after discharging the duties assigned them,
reported most favorably of the work, recommending the
u. plan as simple, plain and intelligible, presenting all laws
under appropriate heads, so as to make them readily ac¬
cessible, almost without the aid of an Index, and that the
whole execution of the work bears abundant testimony to
the accuracy, ability and carefulness of the Compiler," a
copy of which report is transmitted.
Having entire confidence in the fidelity of the report,
and being fully sensible of the necessity of such a work,
I did not hesitate to subscribe for the full number of copies
authorized under the Resolution.
A copy of this work has been sent me in two volumes,
neatly bound, printed with new type 011 good paper ; and
I .cheerfully add my testimony, as far as I am able to
judge, to that of the Committee, of the fidelity with which
it has been gotten up, and its utility with every class of
our citizens. ^ It should be borne in mind that this work
was printed in Athens, Georgia, and to this extent should
be favorably regarded, as the money paid for the labor, at
least, will remain in the country. To afford becoming en¬
couragement to this enterprise, two thousand dollars of the
States subscription was advanced out of the Contingent
Lund, to this object.
m01^ of April last, a vacancy occurred, by the
snrerof1^ ll fr in the office of Trea-
smer oi the State. Julius M. Patton, Esq., a former Sec¬
retary ot the Executive Department, haviiig resigned that
office, was appointed by Executive Order, T&easuler of the
State, who, upon giving bond and taking the oath of office
entered upon the discharge of his duty; and Logan 1'
Bleckley was appointed Secretary of the Executive IV
partment. '
SENATE.
31
Two vacancies in the office of Solicitor-General, one in
the Flint, and the other in the Southern Circuit, have also
occurred by resignation; and both have been filled by
Executive appointment: R. Manson Stell, Esq., was ap¬
pointed for the former Circuit, and George W. Jordan,
Esq., for the latter.
The Report of the Principal Keeper of the Penitentiary,
will be printed and laid before the General Assembly at
an early day, with a detailed Statement, of-the business
of the same, for the last two years, to which I respectfully
refer you.
I felt it my duty to recommend to the last General As¬
sembly, the propriety of classifying and separating the
convicts within the walls, according to the moral turpitude
of the offence committed. Satisfied of its importance in
bringing about reformation, the recommendation is re¬
newed.
For the last two years, the expense of subsisting the
convicts has been largely increased. Pork and corn were
scarce, and commanded nearly, or quite 100 per cent, on
the prices paid the preceding two years. Independent of
this consideration, the short supply 'of tan-bark that could
be obtained, after the most diligent efforts, has reduced
the income from tanning of leather, and manufacturing
shoes. Other supplies of material, suitable to the wood-
shops, were found scarce and high. While the effects of
these causes were sensibly felt, the difficulty of finding
sale for the manufactured articles at remunerating prices,
was also experienced, rendering the two last years less
productive of profit than the two preceding. The assets
reported in the Book-Keeper's Department, show the
ability of the Institution, if a fair proportion is collected,
to sustain itself for the next two years, without Legisla¬
tive aid. For the last four years, 110 aid, whatsoever, has
been received from the State Treasury ; in view of which,
a claim of the Penitentiary against the State, amounting
to $1,753 03, I would recommend to be paid. By refer¬
ence to the items of this account, the justice of the claim
cannot be reasonably denied as a legitimate charge upon
the Treasury.
At the last session, an unsuccessful effort was made, to
apply a part of the convict labor to the manufacture of
Freight and other Oars, for the use of the State Road.
The facilities afforded by the completion of the Milledge-
ville and Gordon Railroad, to transport Cars from, the
Penitentiary to the State Road, renders this subject worthy
of your consideration. The demand for the Railroad Cars
will exist as long as the different Railroads of the State
are worked, and the probability of an over-supply is not
so great as to discourage the undertaking. So far as the
32 JOURNAL OF THE
State Eoad is concerned, it may be well considered as a
proper application of convict labor.
In reference to the several acts of the General i\.ssem-
ply, for the organization and discipline of the Militia of
the State, so mnch has been communicated by my several
predecessors and myself, and so little done, that I reluc¬
tantly bring the subject to ■ your notice. Our present
Militia system is one of the few, in which any change
might be regarded an improvement, and none seem more
demanded, than a total repeal of all laws on the subject,
that the Legislature may be disencumbered of the rubbish,
crowded into the Digests, by successive "Legislatures
amending, repealing and reviving Acts and parts of
Acts on the subject.
It is believed, if your legislation was directed to the or¬
ganization of volunteer companies, and the adopting of a
plan for ascertaining with accuracy the effective force of
the State, each year, above the age of 18, and under 45
years, much more would be accomplished, than is done
under the present system.
The inducement to organize volunteer companies, may
be made sufficiently great to afford a reasonable assurance,
that one-third of the State capable of bearing arms, would
at all times be found attached to volunteer associations.
The effect of this policy would be, to have always ready,
an effective force, somewhat trained, at least, in the use of
arms, for any emergency.
IJnder the present plan, the only reliable force to meet
any crisis, however great, are the volunteer companies
now organized. A commendable spirit to form volunteer
associations, has manifested itself in many sections of the
State, within the last four years, but their ardor has been
checked, from my inability to furnish arms and equip¬
ments.' This I regard as a great misfortune. To the
strong arm and stout heart of the citizen soldier, must we
look for protection in peace and in war ; and in view of
a possible disturbance, however remote it may appear to
many, of the amicable relations existing with the States
of the Confederacy, or a disturbance more strictly local
m its character, does it not devolve upon the Legislature
to provide arms and munitions to equip at least one-third
qt the militia force of the State ? This subject addresses
itself with peculiar force to the Legislature at this time
from the attitude assumed by the people in Convention
last December, that " Georgia would and ought to resist
(even as a last resort,) to a disruption of every tie which'
binds her to the Union, any action of Congress upon the
subject of slavery in the District of Columbia!' or 'n
place,s subject to the jurisdiction of Congress, ineomn f
ble with the safety, the rights and the honor of the slave
SENATE.
33
holding States." Will Georgia " take no step backward ?"
Will the trinmpliant majority that have ratified tbis sen¬
timent, consent tbat tbey should not be provided with
arms and munitions of war, if need be, to enable them
to maintain tbis patriotic sentiment ? or will tbis wise and
precautionary measure be postponed, under the persua¬
sion tbat the necessity contemplated by the resolutions of
the Convention, will never arise ? If even this was cer¬
tain, or the probabilities far greater than the history of
passing events would justify us in believing, I submit it
to the sound-judgment of the Legislature, if the adoption
of the measure here recommended, of arming the people,
would not do more to prevent usurpation of power by
Cmgress, in this respect, than the adoption of the Beso-
lutions themselves. The State that arms its citizens, and
gives warning to the aggressor to beware of the next blow,
will be respected; but an enunciation to the world, un¬
accompanied with any preparation to sustain it, would
rather accelerate, than arrest the apprehended aggres¬
sion, which I am sure it must be the wish of all to pre¬
vent, however widely we may differ as to the means best
calculated to effect that object.
These reflections are submitted with no partisan spirit,
with no design to irritate, or to recall the past. That is
the appropriate duty of the historian ; my duty is to deal
with things as they exist, to earnestly urge upon your con¬
sideration whatever in my judgment, will conduce to the
safety, honor and happiness, of the State, irrespective of
every consideration but the public weal.
Having brought to the attention of the Legislature, such
measures, as in my judgment, should engage its attention,
my duty is well nigh ended. Ever tolerant and respectful
of the opinions of others, I have never failed on suitable
occasions to avow my own, on all questions, State or Fed¬
eral, of public concernment. It has been my constant
object, so to exercise my official duties as to maintain,
perpetuate and advance the honor, the rights, liberty and
prosperity of the people of Georgia; to impress upon the
public mind the solemn obligation of observing good faith
in all things ; to diffuse among all classes the blessings of
education ; to stimulate the people to increased industry
by developing the vast resources of the State; to inspire
all with a fresh love of Country, Liberty and Equality.
These have been objects of my unremitting solicitude.
And if on this occasion, I abstain from adverting to some
measures connected with these objects, which have so
widely and deeply agitated the public mind, growing out
of the late action of Congress, it is not because the opinions
I have so often expressed, have undergone a change, or of
a desire to conceal them, but in deference to the popular
3s
34 JOURNAL OF THE
will, and my reluctance to throw any possible obstacle,
or attempt to do so, in the way of a full and entire resto¬
ration of fraternal feelings and harmonious action, among
the people of the State.
Whatever destiny may await us, whether of prosperity
or adversity, we cannot too often invoke the guidance of
that Infinite Being, whose favor is power, whose.displeasure
is weakness. GEORGE W. TOWNS.
On motion of Mr. Bethune, one hundred copies of the
Message was ordered to be printed for the use of the Sen¬
ate.
The following Message was received from his Excellency
the Governor, by Mr. Smith, his Secretary :
Me. President :—I am instructed by His Excellency the
Governor, to lay before the Senate a communication in
writing, with a number of sealed packages.
On motion of Mr. , the same was taken up and
read as follows:
Executive Department, Ga., )
Milledgeville, November 4dh., 1851. j
I have the honor of transmitting to the Senate, in com¬
pliance with the Constitution of the State, several sealed
packages, addressed to the President of the Senate and
Speaker of the House of Representatives, and supposed
to be the returns of an election held on the first Monday
in October last, for Governor..
GEO. W. TOWNS.
Mr. Tumlin offered the following Resolution, which was
read and agreed to :
Resolved, That a Committee of three be appointed to
transmit to the House of Representatives the returns from
the several counties of this State for Governor, that the
same may be counted.
Messrs. Tumlin, P.M. Byrd, and Bryan, were appointed
that Committee.
On motion, the Senate adjourned till 3 o'clock, P. M.
Three o'clock, P. M.
The Senate met, pursuant to adjournment.
The following Message was received from th^ TT™,„ v
Mr. Sturgis, their Clerk: *
Me. President :—I am directed by the House of R
resentatives, to inform the Senate that they will be ready
senate.
35
to receive them at half-past three o'clock this day, to pro¬
ceed to count the votes for Governor.
The following Message was received from his Excellency
the Governor, by Mr. Smith, his Secretary :
Executive Department, Ga., \
Milledgelille, November 4m, 1851. J
I transmit to the General Assembly the Report of Joseph
Sturgis, Esq., the Agent of the State appointed under a.
Joint Resolution of the last General Assembly, to collect
the claims o*f the State against the General Government,
growing out of the Indian disturbance of 1836. This Re¬
port contains a detailed statement of his Agency, and ex*
hibits the amount of the claims of the State yet due by the
Government. From the success attending the efforts of
Judge Sturgis, it appears tome it would be prudent in the
State to continue an Agent near Washington, to prosecute
these claims to a final settlement.
GEO. W. TOWNS.
The following Message was received from the House of
Representatives by Mr. Sturgis, their Clerk:
Mr. President :—I am directed by the House of Rep¬
resentatives, to inform the Senate that the House is now
ready to receive them in their Hall, for the purpose of
counting out and adding up the votes polled at the last
Gubernatorial election.
On motion of Mr. Cone, the Senate repaired to the Rep¬
resentative Hall.
The General Assembly then proceeded to count out and
add the returns of the several counties of this State, upon
which it appeared that Howell Cobb was duly elected
Governor of Georgia for the next ensuing two years, and
was so declared by the presiding officer.
The President and members of the Senate then, on mo¬
tion, returned to their Chamber.
Mr. Anderson offered the following Resolution, which
was taken up, read, and agreed to :
Resolved, That a Committee of five be appointed, to
meet such Committee as may be appointed by the House
of Representatives, to wait on the Hon. Howell Cobb, and
inform him of his election, as Governor of this State, to
request his acceptance of the office, and to make all ne¬
cessary arrangements for his inauguration.
The following Senators were appointed that Committee :
Messrs. Anderson, Hardeman, Farris, Mosely, and Dick¬
inson ; and the Secretary was directed to carry the same
forthwith to the House of Representatives.
The following message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
36 journal of the
Mr. President :—I am directed by the House to in¬
form the Senate, that they have passed a Resolution to ap¬
point a Committee of five, to join a like Committee on the
part of the Senate, to wait upon Hon. Howell Cobb, the
Governor elect, and inform him of his election, and ask
his acceptance; to which they ask the concurrence of the
Senate.
Committee on the part of the House, ai'e Messrs. Harris,
of Clark, WofFord, Atkinson, Bartow, and Milledge.
On motion of Mr. Hardeman, the message of the House
was taken up, and the Resolution concurred in, and the
same Committee was appointed as those named under the
Resolution of the Senate.
On motion, the Senate adjourned until to-morrow morn¬
ing 10 o'clock.
IN SENATE.
Wednesday, Nov. 5th, 1851.
The Senate met, pursuant tb adjournment.
The following message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Mr. President : I am directed by the House of Repre¬
sentatives to inform the Senate that they have agreed to
a Resolution bringing on the election of a Judge of the
Supreme Court, an Attorney General of the Middle Cir¬
cuit, and Solicitors General for certain circuits therein
named, on Thursday, the 6th inst., at 11 o'clock, A. M.
To which they desire the concurrence of the Senate.
The Committee appointed on the part of Senate, to join
the Committee of the House, to wait upon the Governor
elect, and notify him of his election, and ascertain
whether he accepts the office, and at what time it will
suit his convenience to take the oath prescribed by the
Constitution of the State, report:
That they have discharged their duty, and received for
answer that he accepts the office, and will be ready to
attend in the Representative Chamber this day, at 12
o'clock, M., to take the oath of office prescribed by the
Constitution of this State, and of the United States.
On motion of Mr. Spalding, the Senate took up the
message from the House of Representatives ; and on read¬
ing the Resolution, as follows :
Resolved by the Seriate and House of Representatives
that both branches of the General Assembly convene in
SENATE.
37
the Representative Hall, on Thursday, the 6th instant, at
11 o'clock, A. M., to proceed to an election of a Judge of
the Supreme Court, an Attorney General for the Middle
Circuit, a Solicitor General for the Eastern Circuit, a Soli¬
citor General for the South-Western Circuit, a Solicitor
General for the Chattahoochee Circuit, a Solicitor General
for the Southern Circuit, a Solicitor General for the Fliqt
Circuit, a Solicitor General for the Cherokee Circuit, a
Solicitor for the Ocmulgee Circuit, a Solicitor General for
the Western Circuit, and a Solicitor General for the
Horthern Circuit:
Mr. Foster moved to amend the Resolution, by insert¬
ing after the words, " Supreme Court," the words, " A
Senator, to serve this State in the Senate of the United
States, for six years from the third day of March, 1853."
On which motion the yeas and nays were required to
he recorded, and are, yeas 24, and nays 22.
Those who voted in the affirmative are Messrs.
Burks, Foster, Reed,
Philip M. Byrd, Farris, Stroud,
Cone, Griggs, Simmons,
Calhoun, Hicks, Tomlinson,
Coffee, • Knight, Tumlin,
Chappell, Lawson, Wilcox,
Dickinson, McRae, Wolfe,
Flewellen, Moore, W atters.
Those who voted in the negative are Messrs.
Anderson, Ray? Ross,
Bryan, 1 Flournoy, Spalding,
Butler, Harris, Slaughter,
Bethune, Harman, Walthour,
Beavers, Hardeman, Wright,
John L. Bird, Little, Wellborn.
Conelly, McCune,
Crocker, Mosely,
Mr. Harman moved to amend the Resolution further,
by inserting after the words, " Third day of March, 1853,"
the words, " And also for Judge of the Coweta Circuit,
and Judge of the South-Western Circuit."
On which motion the yeas and nays were required to
be recorded, and are, yeas 9, nays 36.
38 JOURNAL OF THE
Those who voted in the affirmative are Messrs.
Burks, Calhoun, Harman,
Philip M. Byrd, Coffee, Peed,
Conelly, Pay, Simmons.
Those who voted in the negative are Messrs.
Anderson, Poster, Moore,
Bryan, Parris, Boss, _
Butler, Griggs, Spalding,
Bethune, Harris, Stroud,
Beavers, Hicks, Slaughter,
John L. Bird, Hardeman, Tomlinson,
Cone, Knight, Tumlin,
Crocker, Lawson, Walthour,
Chappell, Little, Wilcox,
Dickinson, McBae, Wolfe,
Plournoy, McCune, Wright,
Plewellen, Mosely, Wellborn.
So the motion was lost.
The Besolution, as amended, was then concurred in;
and on motion of Mr. Poster, the Secretary was directed
to carry the same forthwith to the House of Representa¬
tives.
Mr. Anderson reported a Bill to incorporate the Magno¬
lia Steam Packet Company.
Which was read the first time.
Mr. Harman reported a Bill to empower juries, upon
the trial of divorce cases, to authorize the party defendant
to marry again during the life of the libelant, when the
verdicts are for total or absolute divorce.
Which was read the first time.
Mr. Bethune reported a Bill to incorporate the Chalmers
Female College, located in Scottsboro, in this State.
Which was read the first time.
Mr. Slaughter reported a Bill to incorporate the Georgia
Military Institute, and for other purposes therein named.
Which was read the first time.
On motion of Mr. Anderson, the Senate took a recess
to 5 minutes before 12 o'clock, this day.
The Senate re-assembled at five minutes before 12
o'clock, when the following message was received from
the House of Representatives, by Mr. Sturgis, their Clerk •
senate.
39
Mr. President : I am directed by tbe House of Repre¬
sentatives to inform tbe Senate that they are now ready
to receive in tlieir Hall, for the purpose of attending to
the inauguration of the Governor elect.
On motion of Mr. Moore, the President and members
of the Senate repaired to the Representative Hall, and
being seated, the Governor elect, the Honorable Howell
Cobb, was introduced by the Joint Committee, and
attended by the State House officers, and other distin¬
guished citizens, when he addressed the General Assem¬
bly, and took the oath prescribed by the Constitution of
the State, and of the United States.
The Governor, attended by the Committee, having
withdrawn, the President and members of the Senate
retired to their Chamber, and on motion, adjourned until
10 o'clock, to-morrow morning.
IIST SEHATE.
Thursday, Hov. 6th, 1851.
The Senate met, pursuant to adjournment.
Mr. Moore offered the following Resolution, which was
taken up, read, and agreed to:
Resolved, That the documents accompanying the Gov¬
ernor's Message be referred to a Committee of three, and
that said Committee report to the Senate such of them as
they think proper to be printed for the use of the Senate.
Messrs. Moore, Lawson and Calhoun, were appointed
that Committee.
In obedience to a Resolution of the Senate, the follow¬
ing Acts passed at the last Session of the General Assem¬
bly, were reported to the Senate, and read the first time,
to-wit:
An Act to alter and amend the third section of the first
article of the Constitution of this State.
Also, an Act to alter and amend the twelfth section of
the second article of the Constitution of this State.
Also, an Act to alter and amend the sixth section and
third article of the Constitution of the State of Georgia.
Mr. Foster reported a Bill to amend an Act to incorpo¬
rate " Madison Collegiate Institute," assented to 11th day
of January, 1850.
Which was read the first time.
The following message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Mr. President :—I am directed by the House of Rep-
4:0 JOURNAL OF THE
resentatives, to inform the Senate, that they have refused
to concur with the Senate in their amendment to the Reso¬
lution of the House of Representatives, bringing on the
election of a Judge of the Supreme Court, an Attorney
General of the Middle Circuit, and Solicitors General for
certain Circuits therein named.
On motion of Mr. Anderson, the message was taken up,
and the Senate receded from the amendment to the Reso¬
lution of the House of Representatives, bringing on certain
elections therein named, this day, at 11 o'clock, A. M.
And, on motion of Mr. Cone, the Secretary was directed
to carry the same forthwith to the House of Representa¬
tives.
The following Bills were taken up, read the second time,
and referred to a Committee of the Whole:
A Bill to create and lay off two new Judicial Circuits,
one to be called Circuit, to be composed of the
counties of Carroll, Campbell, Cobb, Cherokee, Forsyth,
Lumpkin, Union and Gilmer, and to add the same to the
Fourth Supreme Court Judicial District; and the other
to be called Circuit, to be composed of the coun¬
ties of Bibb, Houston, Twiggs, Dooly, Macon and Craw¬
ford, and to add the same to the Third Supreme Court Ju¬
dicial District.
Also, a Bill to alter and amend the fourth section of the
eleventh division of the Penal Code.
Also, a Bill to amend the charter of the Jewish Congre¬
gation at Savannah.
^ Also, a Bill to incorporate the Hebrew Benevolent So¬
ciety of Savannah.
Also, a Bill to incorporate the Magnolia Steam Packet
Company.
Also, a Bill to authorize the Board of Physicians of this
State, to hold their annual meetings in Milledgeville.
Also, a Bill to repeal so much of an Act, assented to
the 19th day of December, 1S40, consolidating the offices
of Tax Collector and Receiver of Tax Returns of the coun¬
ties of Montgomery, Macon and Clark, so far as relates to
the county of Macon.
The following message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Mr. President :—I am directed by the House of Rep¬
resentatives to inform the Senate, that they are now ready
to receive them in their Hall, to proceed to certain elec¬
tions.
On motion of Mr. Cone, the President and members of
the Senate repaired to the Representative Chamber a 1
after being seated, and agreeably to a Joint Resolutio
the General Assembly proceeded to the election of a Jnd D'
of the Supreme Court of the State of Georgia, and on
senate.
41
ceiving and counting ont the ballots, it appeared that the
Hon. Joseph Henry Lumpkin was duly elected.
They then proceeded to the election of an Attorney Gen¬
eral for the Middle District, and on receiving and count¬
ing out the ballots, it appeared that John T. Shewmake
was duly elected.
They then proceeded to the election of a Solicitor Gen¬
eral for the Eastern District, and on receiving and count¬
ing out the ballots, it appeared that Thomas Telfair Long
was duly elected.
They then proceeded to the election of a Solicitor Gen¬
eral for the South-Western District, and on receiving and
counting out the ballots, it appeared that John Lyon was
duly elected.
They then proceeded to the election of a Solicitor Gen¬
eral for the Chattahoochee District, and on receiving and
counting out the ballots, it appeared that Jack Brown was
duly elected.
When, on motion, the General Assembly took a recess
until 3 o'clock, P. M.
The Senate then withdrew and repaired to their Cham¬
ber.
On motion of Mr. Cone, the Senate adjourned until three
o'clock, P. M.
Three o'clock, P. M.
The Senate met, pursuant to adjournment.
The following message was received from the House of
Representatives,, by Mr. Sturgis, their Clerk :
Mr. President :—The House of Representatives are
now ready to receive the Senate, to proceed with the un¬
finished business of this morning.
On motion of Mr. Wellborn, the Senate repaired to the
Representative Chamber, to go into the unfinished busi¬
ness of the day, and after being seated, they proceeded to
the election of a Solicitor General for the Southern Dis¬
trict, and upon receiving and counting out the ballots, it
appeared that Pitt F. D. Scarboro was duly elected.
They then proceeded to the election of a Solicitor Gen¬
eral for the Flint District, and upon receiving and count¬
ing out the ballots, it appeared that Joseph A. Thrasher
was duly elected.
They then proceeded to the election of a Solicitor Gen¬
eral for the Cherokee District, and upon receiving and
counting out the ballots, it appeared that John J. Word
was duly elected.
42 journal of the
They then proceeded to the election of a Solicitor Gen¬
eral for the Ocmulgee District, and upon receiving and
counting out the ballots, it appeared that Thomas 1. Saf-
fold was duly elected.
They then proceeded to the election of a Solicitor Gen¬
eral for the Western District, and upon receiving and
counting out the ballots, it appeared that William J. Pee-
ples was duly elected.
They then proceeded to the election of a Solicitor Gen¬
eral for the Northern District, and upon receiving and
counting out the ballots, it appeared that John B. Weems
was duly elected.
On motion, the President and members of the Senate
then withdrew to their Chamber.
And, on motion, the Senate adjourned until 10 o'clock
to-morrow morning.
IN SENATE.
Friday, Nov. 7th, 1851.
Tne Senate met, pursuant to adjournment.
The President announced the following as 'the Standing
Committees :
On the state of the Pepublic, Messrs. Hardeman, Mose-
ly, Farris, Lawson, and McCune.
On the Judiciary, Messrs. Foster, Simmons, Calhoun,
Moore, Harman, Reed, J. L. Bird, and McCune.
On Finance, Messrs. Bethune, Connelly, Burks, Day,
and Tomlinson.
On Internal Improvements, Messrs. Anderson, Farris,
Tumlin, Stroud, and Flournoy.
On Public Education and Free Schools, Messrs. Flewel-
len, FosteV, Slaughter, Walthour, Crocker, Spalding, and
Wellborn.
On Banks, Messrs. Mosely, Anderson, Hardeman, Little,
and Waters.
On the Penitentiary, Messrs. Moore, P. M. Byrd, Cone,
Wilcox, and Butler.
On the Lunatic Asylum, Messrs. Slaughter, Crocker,
Walthour, Bethune, and Stroud.
On the Military, Messrs. Cone, Knight, P. M. Byrd,
Coffee, and Beavers.
On Printing, Messrs. Flournoy, Ross, Wolfe, Bryan,
and Wright.
On Privileges and Elections, Messrs. Day, Grio-o-s,
Hicks, McRae, and Harris. oa '
SENATE. 43
On Petitions, Messrs. Calhoun, Conelly, Coffee, Dickin¬
son, and Eoss.
On -Enrollment, Messrs. Simmons, Flewellen, Lawson,
Iiarman, and Knight.
On Journals, Messrs. Tumlin, Eeed, McEae, Tomlinson,
and Chappell.
Mr. Harman reported a Bill to incorporate the Baptist
Church of Christ, at Macon, county of Bibb, and appoint
Trustees for the same.
Which was read the first time.
Mr. McCune reported a Bill to prescribe the order of
argument of counsel in criminal cases.
Which was read the first time.
Mr. Moore offered the following Eesolution, which was
taken up, read, and agreed to :
Resolved, That the President of the Senate appoint a
Standing Committee upon the Deaf and Dumb Asylum.
Messrs. Farris, Hardeman, Anderson, Slaughter, and
Walthour were appointed that Committee.
Mr. Moore offered the following Eesolution, which was
taken up, read, and agreed to :
Resolved, That so much of the Governor's Message as
relates to our Federal relations, be referred to the Com¬
mittee upon the state of the Eepublic ; so much as relates
to Finance, to the Committee on Finance; so much as
relates to Banks, to the Committee upon Banks; so much
as relates to Internal Improvements, to the Committee
upon Internal Improvemets; so much as relates to the
Penitentiary, to the Committee upon the Penitentiary;
so much as relates to Education, to the Committee upon
Public Education and Free Schools ; so much as relates to
the Militia, to the Committee upon the Military; so much
as relates to the Deaf and Dumb Asylum, to the Commit¬
tee upon the Deaf and Dumb Asylum; and so much as
relates to the Lunatic Asylum, to the Committee upon the
Lunatic Asylum.
Mr. Moore made the following Eeport:
The Select Committee to whom was referred the docu¬
ments accompanying the Governor's Message, for the
purpose of selecting such as they deemed proper to be
printed for the use of the Senate, beg leave to report, that
they have examined said documents, and find nothing
they consider important or necessary to be printed at this
time, for the use of the Senate.
Which was taken up, read, and agreed to.
Mr. Foster offered the following Eesolution, which was
taken up, read, and agreed to :
Resolved, That the accompanying documents of the
Governor's Message, so far as they relate to the four cases
44 journal of the
of respite of persons convicted of murder, be referred to
the Committee on the Judiciary.
On motion of Mr. Moore, the Resolutions from* the
different States, accompanying the Governor's Biennial
Message, were referred to the Committee on the state of
the Republic.
On motion of Mr. Cone, the following Special Message
of his Excellency the Governor, accompanying his Bien¬
nial Message, was taken up and read, and ordered to lie
on the table:
Executive Department, )
Milledgeville, Nov. Ath, 1851. )
I herewith return to the Senate, where it originated, a
Bill passed by both branches of the last General Assem¬
bly, entitled" " An Act authorizing and regulating the
taking of bail and issuing attachments in certain cases,"
with my objections to the same.
Such provisions of the Bill as apply to the taking of
Bail, are not thought objectionable, but it is far otherwise
with that section which .contemplates the indiscriminate
issuing of attachments in all cases whatsoever.
The remedy, by attachment, though highly useful in its
place, operates with much rigor upon defendants, and
should never be resorted to, except in cases where, by the
act of defendants themselves, some obstacle is thrown in
the way of a recovery, by the ordinary process of law.
Our statutes have already provided for these cases, andi
it is believed that no principle of expediency or justice de¬
mands that the Legislature should clothe a creditor with
the power of harrassing his debtor with the extraordinary
process of attachment, where none of the grounds enume¬
rated by our statutes exists.
t That every reasonable and proper facility for the collec¬
tion of debts should be afforded by law, wall not be dispu¬
ted, but that a party defendant who has a fixed and per-^
manent residence within the State, who is not removing
his property, concealing his person, or standing in defiance
of the officers of justice, should be deprived of the posses¬
sion and use of his effects, before the rendition of judgment
against him, and be involved in heavy additional cost, is
certainly not reasonable or right.
G. W. TOWNS.
The Senate took up as the Report of the Committee of
the Whole, the Bill to create and lay off turn new Judicial
Circuits, one to be called Circuit, to be composed
of the counties of Carroll, Campbell, Cobb, Cherokee
Eorsyth, Lumpkin, Union and Gilmer, and to add the
same to the Fourth Supreme Court Judicial District • and
SENATE.
45
the other to he called .— Circuit, to he composed of
the counties of Bibh, Houston, Twiggs, Dooly, Macon and
Crawford, and' to add the same to the Third Supreme
Court Judicial District.
And, on motion of Mr. TVellborn, the same was referred
to the Committee on the Judiciary.
The Senate took up as the Report of the Committee of
the Whole, the Bill to authorize the Board of Physicians
of this State, to hold their annual meetings in Milledge-
ville. And on reading the first section, as follows :
" Be it enacted, That from and after the passage of this
Act, the Board of Physicians of the State of Georgia be
authorized and empowered to hold their annual meetings
in the city of Milledgeville.
Mr.tSimmons moved to amend the same, by inserting
after the word " Milledgeville," the words, " or any other
place they may appoint within this State."
Which motion was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to repeal so much of an Act, assented
to the 19th day of December, 1840, consolidating the offi¬
ces of Tax Collector and Tax Receiver of Tax Returns, of
the counties of Montgomery, Macon and Clark, so far as
relates to the county of Macon.
Which, on motion of Mr. Simmons, was referred to the
Committee on Finance.
^ The Senate took up, as the Report of the Committee of
the Whole, the Bill to alter and amend the fourth section
of the eleventh division of the Penal Code.
Which, on motion of Mr. McCune, was referred to the
Committee on the Judiciary.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to incorporate the Magnolia Steam
Packet Company.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to amend the charter of the Jewish
Congregation at Savannah.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to incorporate the Hebrew Benevo¬
lent Society of Savannah.
The Report was agreed to.
The Bill was read the third time and passed.
The Bill to empower Juries to authorize defendants in
cases of absolute or total divorce, to marry again during
46 JOURNAL OF THE
the life of the libellant, was taken up, and read the second
And, on motion of Mr. Harman, was referred to the
Committee on the Judiciary.
The Bill to incorporate the Chalmers Female College,
located in Scottshoro', was taken up, and read the second
time, and referred to the Committee of the Whole.
The Bill to incorporate the Georgia Military Institute,
was taken up, read the second time; and, on motion of
Mr. Lawson, was referred to the Committee on the Mili¬
tary.
The following Acts passed at the last session of the Gen¬
eral Assembly, were taken up, read the second time, and
ordered to be engrossed for a third reading, 'to-wit:
An Act to alter and amend the twelfth section'of the
second article of the Constitution of this State.
Also, an Act to alter and amend the sixth section and
third article of the Constitution of the State of Georgia.
The following Act, passed at the last session of the
General Assembly, was taken up, read the second time,
ordered to be engrossed for a third reading, and on motion
of Mr. Cone, made the special order of the day for to¬
morrow, to wit:
An Act to alter and amend the third section of the first
article of the Constitution of this Sate.
The Bill to amend an Act entitled an Act to incorporate
Madison Collegiate Institute, assented to 17th day of Jan¬
uary, A. D. 1850, was taken up, read the second time,'
and referred to the Committee of the Whole.
Mr. Foster offered the following Resolution :
jResolved, That both branches of the General Assembly
convene in the Hall of the Representative branch of the
same, on Saturday, the 8th inst., at 11 o'clock*, A. M., and
proceed to elect a Senator, to represent this State in the
Senate of the United States, for six years from and after
the 3rd day of March, 1853.
The same being taken up, Mr. Anderson moved to
amend the Resolution, by striking out the words, " Satur-
day, the 8th inst.," and inserting the words, " Monday,
the 10th inst." '
Which motion was agreed to.
The Resolution, as amended, was then adopted; and
on motion of Mr. Foster, the Secretary was directed to
carry the same forthwith to the House of Representatives.
On motion, the Senate fdjourned until 10 o'clock to¬
morrow morn in o\ '
O
senate.
47
m SENATE.
"Saturday, Noy. 8th, 1851.
The Senate met, pursuant to adjournment.
On motion of Mr. Farris, the President of the Senate
was added to the Committee on Internal Improvements.
Mr. Day asked and obtained leave of absence for Mr.
"Wright, for a few days, on account of the indisposition of
his family.
Mr. Foster, Chairman of the Committee on the J-udiciary,
made the following Report:
Mr. President :—The Committee on the Judiciary
have had under consideration the following Bills, referred
to them by this body, to-wit:
A Bill to alter and amend the fourth section of the
eleventh division of the Penal Code.
A Bill to empower juries on the trial of divorce cases, to
give to the party defendant the right to marry again dur¬
ing the life time of the libellant, where the verdict is for a
total or absolute divorce.
The Committee have instructed me, as their Chair¬
man, to report said Bills back to the Senate, the first
with an amendment, by adding the word " knowingly"
immediately preceding the words " buy or sellthe
other, without amendment, and to ask for them the favora¬
ble consideration of this body.
The Committee have also had under consideration, the
four cases of respite of individuals convicted of murder,
transmitted to this branch of the General Assembly, by
His Excellency the Governor, as accompanying documents
of his annual Message, and referred to this Committee by
a vote of the Senate.
The Committee have instructed me, to report to the
Senate, Bills for pardon in each of said cases, not there¬
by expressing any opinion upon the merits of either of
said cases, and also to ask the Senate, by Resolution, to
have fifty copies of the evidence in each of said cases,
printed for the use of the Senate, which said Bills and
Resolution are herewith reported.
All of which is most respectfully submitted.
Mr. Foster, Chairman of the Committee on the Judicia¬
ry, reported the following Bills :
A Bill for the pardon of James Norris, of the county of
Butts, for the crime of murder.
Which was read the first time.
Also, a Bill for the pardon of Brinkley Bishop, of the
county of Bibb, for the crime of murder.
48
JOTJKNAIi OF THE
Which was read the first time.
Also, a Bill for the pardon of Garland D. Cornett, of the
county of Morgan, for the crime of murder.
Which was read the first time.
Also, a Bill for the pardon of James Johnson, of the
county of Baldwin, under the sentence of death, for the
crime of murder.
Which was read the first time.
Mr. Harman reported a Bill to alter the practice in the
Supreme Court of the State of Georgia.
Which was read the first time.
Also, a Bill for the relief of Leroy W. Cooper, of the
county of Pike.
Which was read the first time.
On motion of Mr. Foster, the following Resolution was
taken up, read and agreed to:
Resolved, That the Secretary Of the Senate have printed
for the use of the Senate, fifty copies each of the evidence
in the four cases of convictions for murder, now before the
Senate.
Mr. Mosely reported-a Bill to lay off and organize a new
county from the counties of Pike, Henry and Fayette.
Which was read the first time.
Mr. Calhoun reported a Bill to authorize Alfred F. Bra-
ham to plead and practice law in the several, Courts of
Law and Equity in this State, on certain conditions there¬
in mentioned.
Which was read the first time.
Mr. Anderson reported a Bill to grant certain privileges j
to the Chatham Artillery, a Volunteer Corps of the city of
Savannah.
Which was read the first time.
Also, a Bill to amend an Act to incorporate the Wash¬
ington Fire Company of the city of Savannah.
Which was read the first time.
Mr. McCune reported a Bill to exempt certain citizens
of Pike county, from the performance of Militia duty, in
certain cases and upon certain conditions; and also to en¬
courage Volunteer Companies in said county, and for
other purposes.
Which was read the first time.
The Senate took up the special Order of the Day, which
was the Act passed at the last session of the General As¬
sembly, to alter and amend the third section of the first
article of the Constitution of this State.
And the same having been read the third time on the
question Shall this Bill now pass V the yeas and nays
were required to be recorded, and are, yeas 34, nays 7.
SENATE.
49
Those who voted in the affirmative, are Messrs.
Anderson, Chappell, Ross,
Bryan, Dickinson, Reed,
Butler, Flournoy, Stroud,
Bethune, Flewellen, Slaughter,
Burks, Foster, Tomlinson,
Beavers, Farris, Tumlin,
John L. Bird, Griggs, Walthour,
Philip M. Byrd, Hicks, Wilcox,
Cone, Lawson, Wolfe,
Conelly, McRae, Wellborn,
Calhoun, Mosely, Watters.
Coffee, Moore,
Those who voted in the. negative, are Messrs.
Crocker, Hardeman, McCune,
Day, Little, Simmons,
ILarman,
So the Bill was passed by a Constitutional majority.
The Act passed at the last session of the General Assem¬
bly, to alter and amend the sixth section and third article
of the Constitution of the State of Georgia, was taken up,
read the third time, and on the question,Shall this Bill
now pass ?" the yeas and nays were required to be record¬
ed, and are, yeas 31, nays 12.
Those who voted in the affirmative, are Messrs.
Anderson, Dickinson, Spalding,
Bethune, Foster, Stroud,
Burks, Farris, t Simmons,
Beavers, Hicks, Slaughter,
John L. Bird, Hardeman, Tomlinson,
Philip M. Byrd, Lawson, Tumlin,
Conelly, McRae, W althour,
Crocker, Mosely, W olfe,
Calhoun, Moore, Wellborn,
Coffee, Reed, Watters.
Chappell,
Those who voted in the negative, are Messrs.
Bryan, Flournoy, Little,
Butler, Flewellen, McCune,
Cone, Griggs, Ross,
Day, Harman, Wilcox.
50
journal op the
So the Bill was passed by a Constitutional majority.
The Act passed at the last session of the _ General As¬
sembly, to alter and amend the twelfth section of the se¬
cond article of the Constitution of this State, was taken up,
read the third time, and on the question^ " Shall this Bill
now pass ?" the yeas and nays were required to be record¬
ed, and are, yeas 31, nays 12.
Those who voted in the affirmative, are Messrs.
Anderson, Dickinson, Mosely,
Bethune, Flournoy, Moore,
Burks, Foster, Boss,
John L. Bird, Farris, Stroud,
Philip M. Byrd, Hicks, Simmons,
Cone, Hardeman, Slaughter,
Conelly, Lawson, Wilcox,
Crocker, Little, "Wolfe,
Calhoun, McBae, Wellborn,
Coffee, McCune, Watters.
Chappell,
Those who voted in the negative, are Messrs.
Bryan, Flewellen, Spalding,
Butler, Griggs, Tomlinson,
Beavers, Harman, Tumlin,
Day, Keed, Walthour.
So the Bill was passed by a Constitutional majority.
The Senate took up, as the Beport of the Committee of
the Whole, the Bill to incorporate the Chalmers Female
College, located at,Scottsboro'; which, together with all
Bills relating to corporations, was, on motion of Mr. Har¬
man, referred to a Select Committee, consisting of Messrs.
Harman, Bethune and Simmons.
The following message was received from the House of
Bepresentatives, by Mr. Sturgis, their Clerk:
Mr. President :—The House of Bepresentatives have
concurred with the Senate in their Besolution bringing on
the election of Senator, on Monday, the 10th inst. &
The Senate took up, as the Beport of the Committee of
the Whole, the Bill to amend an Act entitled an Act to
incorporate "Madison Collegiate Institute," assontprl to
17th day of January, A. D. 1850; which was referred to
the b elect Committee on Corporations.
The Senate took up, as the Beport of the Committee of
senate.
51
the "Whole, the Bill to alter and amend the fourth section,
eleventh division, of the Penal Code.
_The amendment proposed by the Committee on the Ju¬
diciary, was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to empower Juries to authorize de¬
fendants in cases of absolute or total divorce, to marry
again during the life of the libellant.
The Report was agreed to.
The Bill was read the third time and passed.
On motion of Mr. Simmons, Mr. Foster was added to
the Select Committee on Corporations.
The Bill to incorporate the Baptist Church of Christ, at
Macon, and to appoint Trustees for the same, was taken
up, read the second time, and referred to the Select Com¬
mittee on Corporations.
The Bill to prescribe the order of argument of counsel,
in criminal cases, was taken up, read the second time, and
on motion of Mr. McCune, was referred to the Committee
on the Judiciary.
On motion of Mr. Harm an, the President was added to
the Committee on the Judiciary.
John C. Evins, Wm. H. Rawls, N. J. Way, Henry Du-
bignon, Jr., were sworn in as enrolling and engrossing
Clerks.
And, on motion, the Senate adjourned until Monday
morning; 10 o'clock.
MONDAY, November 10th, 1851.
The Senate met, pursuant to adjournment.
Mr. Philip M. Byrd asked for and obtained leave to
have his vote recorded on the passage of the Bill " To
alter and amend the sixth section and third article of the
Constitution of the State of Georgia ; and accordingly his
vote was recorded on the Journal of Saturday, in the. affir¬
mative.
Mr. Foster asked for and obtained leave of absence for
a few days, for Mr. Griggs.
Mr. Harman moved to reconsider so much of the Jour¬
nal of Saturday as relates to the Act altering and amend¬
ing the sixth section and third article of the Constitution
52 journal of the
of the State of Georgia, passed at the last session of the
Legislature.
which was lost.
The following message was received from the House of
Representatives, by Mr. Sturgis, their Clerk :
Mr. President: The House of Representatives has
agreed to a Resolution bringing on the election of a Direc¬
tor for the Bank of the State of Georgia on this day, at
11 o'clock, A. M.; to which they desire the concurrence
of the Senate.
They have also passed the following Bill, to wit:
A Bill to incorporate the Southern Female College,
located in the town of Covington, Newton county, and to
authorize the Trustees of the Female Seminary, of the said
county, to convey by deed, the lot of land in the town of
Covington whereon the Female Academy now stands, to
the Trustees of said College.
The following message was received from his Excellen¬
cy the Governor, by Mr. Hood, his Secretary :
Mr. President : His Excellency the Governor has
assented to and signed a Resolution bringing on the elec¬
tion this day of a Senator to represent the State of Geor¬
gia in the Senate of the United States, for six years from
and after the 3rd day of March, 1853, which I am direc¬
ted to return to the Senate, wherein it originated.
Mr. Calhoun laid upon the table the following Resolu¬
tion :
jResolved, That both branches of the General Assembly
convene in the Representative Hall, at 12 o'clock, M.,
on Tuesday, the 11th inst., for the purpose of electing a
State Printer, for the next two years.
"Which being taken up, Mr. Anderson moved to amend
the same, by adding the words, " Also a Director of the
State Bank."
Which was agreed to.
The Resolution, as amended, was then adopted.
Mr. Calhoun offered the following Resolution, which
was taken up, read, and agreed to :
Whereas, in the most if not in all the States of this
Union, Thursday, the 27th day of this month, is set apart
as a day of thanksgiving :
Re it therefore Resolved, Toy the Senate and Rouse of
Representatives of the State of Georgia, That Thursday,
the 27th day of this month, be set apart as a day of
thanksgiving, and that his Excellency the Governor is
hereby requested to issue his proclamation, proclaiming
that day as a day of thanksgiving, and to reouest thp
people of this State to observe the same. *
On motion of Mr. Cone, Mr. Slaughter was added to
the Committee on the Military.
SENATE.
53
Mr. Day reported a Bill to incorporate the Augusta,
Atlanta, and Nashville Magnetic Telegraph Company.
Which was read the first time.
Mr. Calhoun reported a Bill to authorize and require
the Justices of the Inferior Court of the county of DeKalb
to pay Jonathan N. Haddin, out of the Poor School Fund
of said county, for the years 1851 or 1852, the amount he
"was entitled to receive for teaching poor children, in the
years 1816 and 1819.
Which was read the first time.
Mr. Moore offered the following Resolution, which was
taken up, read, and agreed to :
Resolved, That His Excellency the Governor be reques¬
ted to communicate to the Senate, at as early a day as
practicable, what amount of money Joseph Sturgis, Es¬
quire, (the Attorney in fact for this State, to prosecute the
claims of Georgia against the General Government, for
advances made in the Indian disturbances of 1836,) as
principal, and what amount as interest, he received from
the General Government, on account of said advances;
what amount of each said Attorney has paid into the
Treasury of the State, and what amount was allowed him
as compensation of his services.
Also, what amount of money said Joseph Sturgis, Es¬
quire, collected for the Central Bank, (on a claim of like
character,) what amount of the same he has paid into the
Bank, and what amount he retained as compensation for
his services.
Mr. Bead reported a Bill to prescribe the mode for the
collection of rents, and to repeal certain laws now in force
in regard to the same.
Which was read the first time.
Mr. Mosely reported a Bill to authorize John Presley,
a crippled and infirm man of Henry connty, to vend and
dispose of articles of merchandise without license.
Which was read the first time.
Mr. Tumlin offered the following Besolution, which was
taken up, read, and agreed to :
Resolved, That a Committee be appointed by the Sen¬
ate, to join such Committee as may be appointed on the
part of the House of Representatives, to re-organize the
Congressional Districts, and report a Bill for the same.
And Messrs. Tumlin, McCune, Hardeman, Spalding,
and Tomlinson were appointed that Committee.
Mr. Slaughter presented the petition of Lacy M. White¬
head, praying the passage of a law directing the Treasurer
of the Western and Atlantic Railroad to pay him the
value of a horse, which was killed on said road, by the
cars.
54 journal of the
Which was read, and on motion, referred to the Com¬
mittee on Petitions.
The following Bills were taken up, read the second
time, and referred to the Committee of the Whole, to
wit:
A Bill to exempt certain citizens of Pike county from
the performance of militia duty, in certain cases, and
upon certain conditions; and also to encourage Volunteer
Companies in said county, and foi\ other purposes.
Also, a Bill to grant certain privileges to the Chatham
Artillery, a Volunteer Corps of the city of Savannah.
Also, a Bill to amend an Act to incorporate the Wash¬
ington Fire Company of the city of Savannah.
Also, a Bill to authorize Alfred F. Braham to plead
and practice law, in the several Courts of Law and Equi¬
ty, in this State, on certain conditions therein named.
Also, a Bill for the pardon of James N orris, of the
county of Butts, for the crime of murder.
Also, a Bill for the pardon of Brinkley Bishop, of the
county of Bibb, for the crime of murder.
Also, a Bill for the pardon of Garland D. Cornett, of the
county of Morgan, for the crime of murder.
The following message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Mr. President:—The House of Representatives are
now ready to receive the Senate, to proceed to the elec¬
tions set apart for to-day.
On motion' of Mr. Bethune, the President and members
of the Senate repaired to the Representative Chamber,
and after being seated, and agreeably to a joint Resolution,
the General Assembly proceeded to the election of a Sen¬
ator, to serve in the Congress of the United States for six
years from the third day of March, 1853 ; when, on receiv¬
ing and counting out the ballots, it appeared that the
Honorable Robert Toombs was duly elected.
They then, agreeably to another joint Resolution, pro¬
ceeded to the election of a Comptroller General; and on
receiving and counting out the ballots, it appeared that
Ezekiel S. Candler was duly elected.
They then proceeded to the election of a Surveyor Gen¬
eral ; and on receiving and counting out the ballots, it
appeared that Pleasant hi. Compton was duly elected.
They then proceeded to the election of a Treasurer;
?inCi C^r r®ce™£ and counting out the ballots, it appeared
that Walter IT. Mitchell was duly elected.
They then proceeded to the election of a Secretary of
State; and on receiving and counting out the ballots it
appeared that Nathan C. Barnett was duly elected. '
senate.
55
On motion, tlie President and members of the Senate
then withdrew, and repaired to their Chamber.
And, on motion, the Senate adiourned until 3 o'clock,
P. M.
Three o'clock, P. M.
The Senate met, pursuant to adjournment.
Mr. Moore asked and obtained leave of absence for Mr.
John L. Bird, on special business, for a few days.
On motion of Mr. Hardeman, the Senate resolved itself
into a Board of Yisitors, and a Committee' of three was
appointed, consisting of Messrs. "Hardeman, Day, and
Anderson, to inform the President and Board of Trustees
of the University of Georgia, that the Senate were ready
to receive them into their Chamber.
The Board of Trustees were then received into the Sen¬
ate Chamber.
The Senatus Academicus having spent some time in the
transaction of its ordinary business, adjourned, sine die.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole:
A Bill for the pardon of James Johnson, of the county
of Baldwin, for the crime of murder.
A Bill for the relief of Leroy W. Cooper, of the county
of Pike.
A Bill to lay off and organize a new county, from the
counties of Pike, Henry, and Payette.
The following Bill of the House of Bepresentatives was
taken up and read the first time :
A Bill to incorporate the Southern Female College,
located in the town of Coviiigton, Hewton county, and to
authorize the Trustees of the Female Seminary, of the said
county, to convey the lot of land in the town of Covington,
whereon the Female Academy now stands, to the Trustees
of the said College.
The following Bill was taken up, read the second time,
and referred to the Committee on the Judiciary :
A Bill to alter the practice of the Supreme Court of the
State of Georgia.
On motion, the Senate adjourned until 10 o'clock, to¬
morrow morning.
56
JOURNAL OF THE
TUESDAY, November 11th 1851
The Senate met, pursuant to adjournment.
Mr. Slaughter asked and obtained leave to withdraw
the petition of Lacy M. "Whitehead.
Mr. Anderson reported a Bill to change the name of the
Court of Common Pleas, and of Oyer and Terminer of the
city of Savannah, and to authorize the Judge to appoint a
. Solicitor General pro tern.
Which was read the first time.
Mr. Foster, from the Committee on the Judiciary, made
the following Report, to-wit:
The Committee on the Judiciary have had under con¬
sideration the Bill to prescribe the order of argument m
criminal cases, and have instructed me to report the same
back to the Senate, without amendment, and ask for it a
favorable consideration.
That Committee have also instructed me to Report to
the Senate, a Bill to be entitled an Act to compensate
Executors, Administrators, and Guardians, in certain cases,
and to ask its passage by this Branch of the General As¬
sembly ; all of which is most respectfully submitted.
Which Bill was read the first time.
Mr. Reed reported a Bill to compensate the Petit Jurors
of the county of Harris.
Which was read the first time.
Mr. Watters reported a Bill to incorporate the town of
DeSoto, in the county of Floyd.
Which was read the first time.
Mr. Wilcox reported a Bill to alter and change the elec¬
tion precinct at the house of Manassa Henderson, in the
982d district, G. M., in the county of Irwin, to the place
of holding the Justices' Court in said district.
Which was read the first time.
Mr. Flournoy reported a Bill to grant and secure to
Charles .D. Stewart, and others, the right to erect, keep up,
and maintain a dam across a portion of the Chattahoochee
river.
Which was read the first time.
Mr. Slaughter reported a Bill to incorporate the town of
Marietta, in the county of Cobb ; and also to enlarge the
boundary of said town, and incorporate the same, under
the name ot the city of Marietta, and to provide for the
election of a Mayor and City Councilmen, and such other
oihcerB as may be required, and confer upon them speci-
^eu powers, and for other PurPoses herein mentioned
Which Bill was read the first time.
SENATE. , 57
Mr. Foster laid on tlie table the following Resolution,
"which, on motion, was taken up, read, and agreed to:
Resolved, That a Committee of three be appointed by
the Presiding Officer of this body, whose duty it shall be
to inquire into the Iron interest of this State, and Report
to the Senate the result of their investigation.
And Messrs. Foster, Anderson, and Tumlin, were ap¬
pointed that Committee.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to prescribe the order of argument of
counsel in criminal cases.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to exempt certain citizens of Pike
county, from the performance of militia duty, in certain
cases, and upon certain conditions, and also to encourage
Yolunteer Companies in said county, and for other pur¬
poses.
Which, on motion of Mr. Simmons, was referred to a
Select Committee, consisting of Messrs. Simmons, McCune,
and Knight.
The following message was received from the House of
Representatives by Mr. Stnrgis, their Clerk:
Mr. President :—The House of Representatives have
passed a Resolution appointing a Committee of five, to
join a like Committee from the Senate, to examine the
Executive Mansion, and premises, and Report what re¬
pairs, if any, are necessary to be made, and ask the con¬
currence of the Senate in the same.
And the Committee appointed on the part of the House
are as follows:
Messrs. Milledge, Scarlett, Holland, Fuller, and McComb.
They have also concurred with the Senate in their Reso¬
lution bringing On certain elections, this day, at 12 o'clock,
M.
The Senate took up as the Report of the Committee of
the Whole, the Bill to amend an Act to incorporate the
Washington Fire Company of the city of Savannah.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to incorporate the Georgia Military
Institute.
The Report was agreed to.
The Bill was read the third time and passed.,
The Senate took up, as the Report of the Committee of
the Whole, the following Bills, to-wit:
A Bill for the pardon of James Morris, of the county of
Butts, for the crime of murder.
58 JOURNAL OF THE
Also, a Bill for the pardon of Brinkley Bishop, of the
county of Bibb, for the crime of murder.
Also, a Bill for the pardon of Garland D. Cornett, of the
county of Morgan, for the crime of murder.
Also, a Bill for the pardon of James Johnson, of Bald¬
win, for the crime of murder.
Which, on motion of Mr. Foster, were severally ^ made
the special Order of the Day for Monday, the lTth inst.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to grant certain privileges to the Chat¬
ham Artillery, a Volunteer Corps of the city of Savannah.
Mr. Anderson moved to amend by inserting after " Chat¬
ham. Artillery," the words " German Volunteers and
Delvalb Riflemen."
Which was agreed to.
Mr. Hardeman in the Chair, Mr. Miller moved to amend
by adding the following, as additional sections:
And be it further enacted, That the active members of
the " Oglethorpe Infantry," and of the " Clinch Rifles,"
two Volunteer Corps in the city of Augusta, be and they
are hereby exempted from all jury duty, in the Courts of
said city, and the county of Richmond, and that the hon¬
orary members of each of said corps, be and they are
hereby exempted from all ordinary militia duty.
And be it further enacted, That the members of each
of said corps shall be authorized to adopt and change their
uniform at pleasure; also, to make and put in execution
all such by-laws, rules and regulations, as they may deem
necessary and proper, and to hold such property as may
be convenient for the purpose of their organization.
And be it farther enacted, That for each and every fifty
men the said " Oglethorpe Infantry," may have enrolled,
they shall be authorized to organize a Company, the offi¬
cers of which, elected by them, shall be commissioned by
the Governor, and that upon the formation of one or more
Companies besides the present, the members of said corps
shall be authorized to elect a Major and an Adjutant, to
be commissioned by the Governor.
And be it further enacted, That it shall be sufficient for
the commanding officer for the time being, of either of
said corps, to superintend and certify all elections of com¬
missioned officers to the Governor, who shall commission
them accordingly.
Which was agreed to.
Mr. Conelly moved to amend by striking out all that
part of the Bill exempting the members of the different
corps from "Jury duty."
Which was lost.
The Report, as amended, was agreed to.
The Bill was read, the third time and passed.
senate.
59
The following message was received from His Excellency
the Governor,-by Mr. Paine, his Secretary:
Me. President :—His Excellency, the Governor, has
assented to and signed a Resolution bringing on certain
elections this day at 12 o'clock.
Mr. Cone, from the Committee on the Military, to whom
was referred the Bill to incorporate the Georgia Military
Institute, Report:
That they have had the same under consideration, and
recommend the passage of said Bill.
The Senate took up as the Report of the Committee of
the Whole, the Bill to authorize Alfred F. Braham to plead
and practice law in the several Courts of Law and Equity
in this State, on certain conditions therein named.
Which, on motion of Mr. Anderson, was referred to a
Select Committee, consisting of Messrs. Anderson, Cal¬
houn, and Harman.
The Senate took up as the Report of the Committee of
the Whole, the Bill to lay otf and organize a new county
from the counties of Pike, Henry and Fayette.
Which (together with all other Bills of like character)
were, on motion of Mr. Moore, referred to a Select Com¬
mittee, consisting of Messrs. Moore, Mosely, Conelly, Be-
thune, Anderson and McCune.
The Senate took up, as the Report of the Committee of
the Whole, the Bill for the relief of Leroy W. Cooper, of
the county of Pike.
The Report was agreed to.
The Bill was read the third time and lost.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole, to-wit:
A Bill to authorize John Presley, a crippled and infirm
man of Henry county, to vend and dispose of articles of
merchandise, without license.
Also, a Bill to authorize and require the Justices of the
Inferior Court of the county of DeKalb, to pay Jonathan
A. Haddin, out of the Poor School Fund of said county,
for the years 1851 or 1852, the amount he was entitled to
receive for teaching poor children in the years 1846 and
1849.
The following Bill was taken up, read the second time,
and referred to the Committee on the Judiciary :
A Bill to prescribe the mode for the collection of rents,
and to repeal certain laws now in force in regard to the
same.
The following Bill was taken up, read the second time,
and referred to the Committee on Internal Improvements :
A Bill to incorporate the Augusta, Atlanta, and Hash-
ville Magnetic Telegraph Company.
The following Bill of the House of Representatives, was
60 JOURNAL OF THE
taken up, read the second time, and, on motion, referred
to Select Committee on Corporations, to-wit:
A hill to incorporate the Southern Female College, lo¬
cated in the town of Covington, Newton county, and to
authorize the Trustees of the Female Seminary of the said
county, to convey the lot of land in the town of Covington,
whereon the Female Academy now stands, to the Trustees
of the said College.
On motion of Mr. Bethune, the Senate took up the fol¬
lowing Resolution of the House of Representatives :
Resolved, That a Committee of five he appointed, to
join such Committee as may he appointed hy the Senate,
to examine the Executive Mansion, and ascertain what re¬
pairs, if any, are necessary to he made thereon ; also the
furniture of the mansion, and what additions to the same
are necessary and proper to he made thereto. Also, the
out-buildings within the inclosure of the mansion, and
what repairs, if any, are necessary to he made thereon;
and that said Committee Report to this House at their •
earliest convenience.
"Which was read and agreed to.
Messrs. Bethune, Flewellen, and Crocker, were appoint¬
ed the Committee on the part of the Senate.
The following message was received from the House of
Representatives, hy Mr. Sturgis, their Clerk:
Mr. President : I am directed hy the House of Repre¬
sentatives to inform the Senate that they are now ready
to receive them in their Hall, to proceed to certain elec¬
tions set apart for to-day. \
On motion of Mr. Cone, the President and members
of the Senate repaired to the Representative Hall, and
after being seated, and agreeably to a Joint Resolution,
the General Assembly proceeded to the election of a State
Printer for the next two years, when, on receiving and
counting out the ballots, it appeared that Samuel T. Chap¬
man was duly elected.
They then proceeded to the election of a Director for
the Bank of the State of Georgia, and on receiving and
counting out the ballots, it appeared that John W. Rabun
was duly elected.
On motion, the President and members of the Senate
withdrew to their Chamber.
And on motion of Mr. Anderson, the Senate adjourned
until Thursday morning 10 o'clock.
senate.
61
IN SENATE.
Thursday, Nov. 13th, 1851.
The Senate met, pursuant to adjournment.
Mr. Harman moved to reconsider so much of the Jour¬
nal of Tuesday as relates to the Bill for the relief of Leroy
"W". Cooper; on which motion the yeas and nays were
required to be recorded, and are yeas 20, nays 24.
Those who voted in the affirmative are Messrs.
Anderson, Chappell, Tumlin,
Bryan, Elournoy, Walthour,
Butler, Harman, Wilcox,
Bethune, Halrdeman, Wolfe,
Conelly, McCune, Wright,
Calhoun, Stroud, Wellborn.
Coffee, Tomlinson,
Those who voted in the negative are Messrs.
Burks, Foster, Mosely,
Beavers, Farris, Moore,
Philip M. Byrd, Griggs, Ross,
Cone, Hicks, Reed,
Crocker, Ivnight, Spalding,
Day, Lawson, Simmons,
Dickinson, Little, Slaughter,
Flewellen, McRae, W atters.
So the motion was lost.
The following message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Me. President :—The House of Representatives have
passed the following Bill, viz :
A Bill to be entitled an Act to amend an Act to incor¬
porate the Savannah and Albany Railroad Company, with
power to extend said Road, and to construct branches, and
for other purposes, approved December 25, 1847, so as to
extend the time for the commencement and completion of
said Road, and the continuation of said Charter.
Mr. Slaughter reported a Bill to lay out and organize
a new county, from a part of the counties of Paulding and
Floyd, attach the same to a Senatorial, Judicial, and Con¬
gressional District, and to attach a portion of Cobb coun¬
ty to the county of Paulding, and to provide for the loca-
62 JOURNAL OF THE
tion of a county site in such new county, and also in the
county of Paulding.
"Which was read the first time.
Mr. Poster reported the following Bills, which were
read the first time:
A Bill to amend the first section of the third article of
the Constitution.
Also, a Bill amendatory of the Statute pf Limitations.
Also, a Bill to point out and define the mode of service
of writs of scire facias.
Also, a Bill to regulate the practice of the Supreme
Court, and of the Superior Courts, and for other purposes.
Mr. Hardeman reported a Bill to lay off and organize
a new county, out of the counties of Franklin and Elbert,
and for other purposes.
Which was re,ad the first time.
Mr. Reed reported a Bill to alter the time of holding
the Inferior' Courts of Harris county.
Which was read the first time.
Mr. Moore laid upon the table the following Resolution,
which wag taken up, read, and agreed, to:
Resolved, That the Secretary of the Senate report to
the House of Representatives the names of the Senators
composing the Committee on the Penitentiary, and request
the joint action with them of the Committee on the Peni¬
tentiary appointed in the House of Representatives.
And the Secretary was directed to carry the same forth¬
with to the House of Representatives.
Mr. Calhoun laid upon the table the following Resolu¬
tion :
Whereas, a great diversity of opinion exists amongst
the people of Georgia, as to the place where the seat of
Government bf this State should be permanently located.
It is believed that a large division of the people desire
that the same should be permanently located at the city of
Atlanta; that another large division of the people desire
that the same should be located at the city of Macon;
and that another large division of the people desire that
the same should remain permanently at the city of Mil-
ledgeville; and whereas, the uncertainty as to whether
the same will be removed, is calculated to arrest all further
improvements in the city of Milledgeville, if that effect
has not already been produced; and whereas, justice to
the good people of Milledgeville, and the public good,
imperiously demand, that all question and doubt upon this
subject should be put at rest, and that the place where the
seat of Government is to be located should be finally and
permanently settled ; and whereas, the will of the people
upon this important subject, from whom eminates all
SENATE.
63
ruling authority of right, should he consulted and ascer¬
tained :
_ Be it Resolved Toy the Senate and House of Representa¬
tives of the State of Georgia, in General Assembly met,
That at the next election for Governor and members of
the General Assembly of this State, that the citizens
thereof entitled to vote in said election, who are in favor
of the seat of Government being removed to the city of
Atlanta, be, and they are hereby earnestly requested to
endorse on their tickets the word " Atlantaand those
who are in favor of the same being removed to the city of
Macon, be, and they are hereby earnestly requested to
endorse on their tickets the word " Macon;" and those
who are in favor of the same remaining in the city of Mil-
ledgeville, be, and they are hereby earnestly requested to
endorse on their tickets the word " Milledgeville."
And be it further Resolved, That his Excellency the
Governor be, and he is hereby requested to appoint a
Committee of , whose duty it shall be specially to
enquire and ascertain "what kind of a site can be procured,
and upon what terms, for the seat of Government, both at
Atlanta and Macon; and also to ascertain the facility and
relative cost of procuring suitable material for the erection
of the State Capitol, and other public and necessary build¬
ings, at each of said cities, and to ascertain what amount
of money each of said cities would pay, in the event of the
removal of the seat of Government to them, or either of
them ; and said Committee is hereby required, as far as
possible, to ascertain the probable cost of erecting a State
House, and other necessary public buildings, at each of
said cities, and to aid them in .the same; that they be
authorized to employ one or two competent mechanics ;
and that said Committee be required to report fully on
said subjects, to the next General Assembly of this State.
Mr. Kjaight reported a Bill to provide the means of con¬
structing the Brunswick and Florida Railroad, to author¬
ize the Governor to subscribe (for the State of Georgia) <
stock therein, and to cede the said Company the unsur-
veyed portion of the Okefenokee Swamp, and for other
purposes therein mentioned.
Which was read the first time.
Mr. Mosely laid upon the table the following Resolution,
which was taken up, read, and agreed to:
Resolved by the Senate and Mouse of Representatives
of the State of Georgia in General Assembly met, That
His Excellency, the Governor, be requested, at the earliest
opportunity, to lay before both branches of the General
Assembly—
1st. The entire cost of the Western and Atlantic Rail-
64:
journal of this
road, -with its present equipage, and that under* contract,
both principal and interest, up to the present time.
2d. How much is yet unpaid, hoth principal and inter¬
est, and when due.
3d. What has been the gross profits of said Road since
the commencement of its business operations, and what
the nett profits, and how said money has been applied.
4th. What is the indebtedness of said Road, if any, both
principal and interest, to whom and when due.
5th. What will be the probable cost of the necessary re¬
pairs of said Road, and the complete equipage of said
Road.
Mr. Bethune made the following Report:
The Committee on Finance, to whom was referred a
Bill to repeal so much of an Act, assented ^to on the 19th
of December, 1840, consolidating the offices of Tax Col¬
lector and Receiver of Tax Returns of the counties of
Montgomery, Macon and Clark, so far as relates to the
county of Macon, have had the same under consideration,
and have directed me to Report it back to the Senate,
without amendment, and recommend its passage.
Mr. Mosely made the following Report:
The Committee to whom was referred the Bill organiz¬
ing a new county from the counties of Henry, Pike and
Fayette, have instructed me to Report the same back to
the Senate, and ask for it their favorable consideration;
and ask that the blank be filled with the name of Spald¬
ing, in honor of the late Thomas Spalding.
All of which is respectfully submitted.
Mr. Dickinson reported a Bill to amend the Acts incor¬
porating and granting 'corporate powers to the town of
Bainbridge, in the county of Decatur.
Which was read the first time.
Mr. Harman made the following Report:
Mr. President :—The Special Committee on Incorpo¬
rations, to whom was referred certain Bills, have instructed
me to Report the Bill originating in the House of Repre¬
sentatives, entitled an Act to incorporate the Southern
Female College, located at Covington, Newton county,
and to authorize the Trustees of the Female Seminary of
the said county, to convey the lot of land in the town of
Covington, whereon the Female Academy now stands, to
the Trustees of said College, with the caption of said Bill
amended so as to read as follows :
A Bill to be entitled an Act to incorporate the Southern
Female College, located in the town of Covington, New¬
ton county, and to authorize the Trustees of the Female
Seminary of the said county, to convey the lot of land in
the town of Covington, whereon the Female Academy now
stands, to the Trustees of said College ; and also to in ear-
senate.
65
porate the Chalmers Female College, located at Scottsboro;
also, to incorporate the Baptist Church of Christ, at Macon,
and to appoint Trustees for the same; also, to amend an
Act entitled an Act to incorporate Madison Collegiate In¬
stitute, assented to 17th day of January, 1850, ana to offer
as amendments to said Bill, a Bill to incorporate the Chal¬
mers Female College, located at Scottsboro; also, the Bill
to incorporate the Baptist Church of Christ, at Macon,
and to appoint Trustees for the same; also, a Bill to amend
an Act to incorporate Madison Female Collegiate Insti¬
tute, assented to 17th day of January, A. D., 1850.
Mr. Anderson, from the Select Committee, to whom wag
referred the Bill to authorize Alfred F. Braham to plead
and practice law in the several Courts of Law and Equity
in this State, on certain conditions therein named, report¬
ed the same back to the Senate, with a recommendation
that it do pass.
The following message was received from the House of
[Representatives, by Mr. Sturgis, their Clerk:
Mr. President :—The House of Representatives have
concurred with the Senate in their Resolution appointing
Thursday the 27th instant, as a day of Thanksgiving ana
Prayer, and requesting the Governor to issue his Proclama¬
tion requesting the citizens to observe the same.
The Senate took up as the Report of the Committee of
the "Whole, the Bill to repeal so much of an Act, assented
to the 19th of December, 1810, consolidating the offices of
Tax Collector and Receiver of Tax Returns of the counties
of Montgomery, Macon and Clark, so far as relates to the
county of Macon.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to authorize Alfred F. Braham to plead
and practice law in the several Courts of Law and Equity
in this State, on certain conditions therein named.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to authorize and require the Justices
of the Inferior Court of the county of DeKalb, to pay
Jonathan M. Iladdin, out of the Poor School Fund of said
county for the year 1851 or 1852, the amount he was enti¬
tled to receive for teaching poor children in the years 1846
and 1849.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report ot the Committee of
the Whole, the Bill to lay off and organize a new county
from the counties of Pike, Henry and Fayette.
66 JOURNAL OF THE
On motion of Mr. Mosely, the same was taken up by
sections.
And on reading the first section, as follows:
Be it enacted, That there shall be a new county laid
out and formed from the counties of Pike, Henry and Pay¬
ette, to be bounded as follows: Beginning on the line now
separating the counties of Henry and Butts, where the Towa-
liga river crosses the said line, and running up the middle of
the stream of said river to the point where the western
line of lot of land, number one hundred and eighteen, in
the original second district of Henry county crosses the
same, thence north along the line as run by the Surveyor
in laying off said district in lots, to the north-east corner
of lot number one hundred and eighty-two, in the original
third district of Henry county, thence north across two
ranges of lots, thence west along the surveyed line to Flint
river, in Fayette county, thence down the middle of the
main stream of said river to the south line of the eighth
range of lots in the county of Pike, thence east along the
surveyed line to the principal branch of Potatoe creek, in
Pike county, thence down the run of the creek across one
range of lots, then east along the surveyed line to the line
now separating the counties of Pike and Monroe, thence
north along the said line to the south-west corner of Butts
county, thence with the line separating Butts from Pike
and Henry counties, to the beginning. That the territory
thus included shall form a new county, to be called the
county of ; that the same shall be attached to the
Flint Judicial Circuit, to the Third Congressional District,
to the Thirty-Second Senatorial District, and to the
Brigade, of the -—4 Division, Georgia Militia.
Mr. Mosely moved to fill the first blank by inserting the
word " Spalding."
Which was agreed to.
Mr. Mosely moved to fill the second blank by inserting
the word "second" before the word "brigade," and the
word " eighth" before the word " division."
Which was agreed to.
The Beport, 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 requir¬
ed to be recorded, and are, yeas 30, nays 14.
Those who voted in the affirmative are Messrs.
Anderson, Crocker, Flewellen
Bryan, Coffee, Farris, '
Butler, Chappell, Griggs,
Bethune, Dickinson, Harrnan,
Burks, Flournoy, Hardeman,
senate. 67
Knight, Spalding, Tumlin,
Lawson, Stroud, Wolfe,
McCune, Simmons, Wright,
Mosely, Slaughter, W ellborn,
Ross, Tomlinson, Watters.
Those who voted in the negative are Messrs.
Beavers, Day, Moore,
Philip M. Byrd, Foster, Peed,
Cone, Hicks, Walthour,
Connelly, Little, Wilcox.
Calhoun, McRae,
So the Bill was passed.
The following message was received from the House of
Representatives, hy Mr. Sturgis, their Clerk:
Mr. President :—The House of Representatives have
concurred with the Senate in its action in relation to the
formation of a Joint Committee on the Penitentiary, and
I am directed to communicate to the Senate the Committee
on the part of the House.
The Committee on part of the House of Representatives,
are Messrs. Waldhour of Lowndes, Robinson of Macon,
Felton of Cass, Irvin of Wilkes, Carr of Scriven, Fowler of
Crawford, Clark of Oglethorpe, Daniel of Liberty, McDou-
gald of Muscogee, Bartow of Chatham, Woodward of Mon¬
roe, and Floyd of Morgan.
The Senate took up as the Report of the Committee of
the Whole, the Bill to authorize John Pressly, a cripled
and infirm man of Henry county, to vend and dispose of
articles of merchandise without license.
Mr. Walthour moved to amend the same hy inserting
the words, " also John Flowers^, of Liberty county."
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time, when, on motion of
Mr. Cone, the Bill was recommitted.
On motion, the Senate adjourned until 3 o'clock, P. M.
Three o'clock, P. M.
The Senate"knet, pursuant to adjournment.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole :
63 JOURNAL OF THE
A Bill to alter and cliange the election precinct at the
house of Manassa Henderson, in the 982d district, G. If.,
in the county of Irwin, to the place of holding the Justices
Court in said district.
Also, a Bill to incorporate the town of DeSoto, in the
county of Floyd.
Also, a Bill to grant and secure to Charles D. Stewart,
and others, the right to erect, keep up, and maintain a
dam across a portion of the Chattahoochee river.
Also, a Bill to change the name of the Court of Common
Pleas, and of Oyer and Terminer, of the city of Savannah,
and to authorize the Judge to appoint a Solicitor General
pro tem.
Also, a Bill to compensate Executors, Administrators,
.and Guardians, in certain cases.
Also, a Bill to be entitled an Act to compensate the
Petit Jurors of the county of Harris.
The Bill to incorporate the town of Marietta, in the
county of Cobb, and also to enlarge the boundary of said
town, and incorporate the same, under the name of the
city of Marietta, and to provide for the election of Mayor
and City Councilmen, and such other officers as may be re¬
quired, and confer upon them specified powers therein
mentioned, was taken up, read the second time, and on
motion of Mr. Slaughter, referred to the Select Committee
on Corporations.
Mr. Anderson reported a Bill to amend the several Acts
heretofore passed, incorporating and relating to the South-
Western Railroad Company, and to authorize said Com¬
pany to build and maintain a Railroad from the South-
Western Railroad at Fort Yalley, crossing the Flint river
to or near to a place called Wolf Pen, in the county of
, and then to join the Railroad of the Muscogee
Railroad Company.
"Which was read the first time.
Also, a Bill to authorize the Central Railroad and Bank¬
ing Company of Georgia, to lease and work such Railroads
as now connect, or may hereafter connect, with the Cen¬
tral Railroad, and to authorize the Board of Directors of
such Railroad Companies as now have, or may hereafter
have, their respective Railroads connecting with, the said
Central Railroad, to make leases thereof for a term of
years, or during the continuance of their respective char¬
ters.
Which was read the first time.
Mr. Simmons reported a Bill to abolish capital punish¬
ment within the State of Georgia.
Which was read the first time.
The Bill of the House of Representatives, to amend an
Act to incorporate the Savannah and Albany Railroad
senate. 69
Company, with power to extend the said Road, and to
construct branches, and for other purposes, approved De¬
cember 25th, 1847, so as to extend the time for the com¬
mencement and completion of said Road, and the contin¬
uance of said charter, was taken up and read the first time.
On motion, the Senate adjourned until-to-morrow morn¬
ing 10 o'clock.
FRIDAY, Nov. 14th, 1851.
The Senate met, pursuant to adjournment.
Mr. Foster moved to reconsider so much of the Journal
of yesterday as relates, to the passage of the Bill to organ¬
ize and lay out a new county, out of the counties of Pike,
Henry, and Fayette.
"Which motion was lost
The following Message was received from His Excel¬
lency the Governor, by Mr. Hood, his Secretary :
Mr. President :—I am directed by His Excellency the
Governor to lay before the Senate a communication in
writing.
Mr. Moore, from the Committee on the Penitentiary,
made the following report:
jResolved, by the Senate and House of Representatives,
in General Assembly met, That the Joint Committee upon
the Penitentiary be authorized and empowered to send
for such persons and papers, and to examine such witness¬
es, on oath, as the Committee may deem necessary and
important to a thorough investigation into the affairs of
the Institution. Also, that said Committee be authorized
to employ a Clerk, if deemed necessary to do so.
. Which was taken up, read, and agreed to, and the Sec¬
retary instructed to communicate the same forthwith to
the House of Representatives.
Mr. Hardeman reported a Bill for the preservation and
protection of the rights of married woman, and the distri¬
bution of their estates.
Which was read the first time.
Mr. Anderson moved that fifty copies be printed for the
use of the Senate.
Which was agreed to.
Mr. Wellborn reported a Bill to change the time of the
meeting of the General Assembly of the State of Georgia.
Which was read the first time.
70 JOURNAL OF THE
Mr. Cone asked leave of absence, after three o'clock,
Saturday, for Mr. Tomlinson.
Which was granted.
Mr. Harman asked leave of absence for Mr. Connelly,
.after three o'clock, to-morrow, on special business.
Which was granted.
• Mr. Foster laid upon the table the following Resolution,
which was taken up, read, and agreed to :
Resolved, That the Secretary of the Senate have pre¬
pared under his inspection, a summary statement of each
county of this State, of the census, showing the white and
black population, and representative population, together
with all the statististical information, for each county, con¬
nected with the census; that the same be taken from the
census of 1850, as returned by the Deputy Marshalls of
the United States, for the State of Georgia ; and that he
be allowed to appoint the requisite number of additional
clerks, for that purpose.
Mr. Bethune made the following Report:
The Joint Committee appointed to examine into the
condition of the Executive Mansion, the furniture therein,
also the out-buildings, have discharged that duty, and beg
leave to report, that in order to repair and furnish that
establishment, in a neat and comfortable style, they rec¬
ommend the appropriation of eight thousand dollars, and
that so much thereof as may be necessary, be used for
that purpose.
They further recommend, that out of this sum there
should be erected within the enclosure a substantial build¬
ing for the accommodation of servants.
Mr. Farris presented a petition from the citizens of
W alker and Murray counties, asking the formation of a
new county ; which was referred to the Select Committee
on new Counties.
Mr. Cone asked and obtained leave of absence for Mr.
Foster, after to-day, until Monday morning.
Mr. Anderson made the following Report:
The Committee on Internal Improvements, to whom
was referred the Bill to incorporate the Augusta, Atlanta,
and FTashville Telegraph Company, report the same with¬
out amendment, and recommend its passage.
_ Mr. Foster, Chairman, from the Committee on the Judi¬
ciary, made the following Beport:
The Committee have had under consideration the Bill
to organize two new circuits, and have amended the same
by filling the blanks with the names of the counties pro¬
posed to be embraced in said circuit, and have instructed
me to report the same back to the Senate, and ask for if a
favorable consideration. L a
The Report was taken up.
senate. 71
Mr. Harman moved to make the Bill the special order
of the day for Tuesday, the eighteenth instant.
"Which motion was lost.
On motion of Mr. Cone, the following Message from his
Excellency the Governor, was taken up and read :
Executive Department, Ga., )
Milledgemlle, Wovember 11851. j
I herewith transmit to the General Assembly the annu¬
al Report of the Director of the Central Bank, with an
accompanying statement of the Cashier, showing the con¬
dition of the Bank on the third instant.
By the fifth section of an Act passed 28th December,
184:3, it was made the duty of the Governor, " Whenever
the public interest shall require it," to cause the assets of
the Central Bank to be deposited in the Treasury of the
State.
My predecessors have not thought it expedient to exer¬
cise the discretionary power conferred upon them by this
Act, for reasons which they have given to the Geperal
Assembly, unless restrained by the action of the Legisla¬
ture, or by considerations of public policy, founded on a
more thorough examination of the condition of the Bank
than I have been able to make. I shall feel it to be my
-duty to carry out the policy of the General Assembly, of
bringing the business of the Bank, as such, to a close, and
transferring its remaining assets to the office of the Trea¬
sury. In this event the responsible duty will be imposed
upon the Treasurer of making a final settlement with the
-officers of the Bank.
It is due alike to those officers, the Treasurer, and the
interest of the State, that that settlement should be made
with great care and circumspection, and in my opinion
■should be conducted under the supervision of a competent
Commissioner, to be appointed for that purpose.
The transfer of the assets of the Bank to the Treasury
will impose additional and complicated duties upon the
Treasurer, requiring his personal attention at diflerent
points of the State, at times when his absence from his
office would be inconsistent with the proper discharge of
the other duties of his office. The nature and character
of these assets will readily suggest to your body the rea¬
sons upon which this suggestion is founded.
I therefore recommend that the General Assembly, in
addition to the existing laws upon the subject, should
provide for the contingencies to which their attention is
here called.
HOWELL COBB.
72 journal of the
On motion of Mr. Cone, the message and accompanying
documents were referred to the Committee on Finance.
The Senate took up as the Report of the Committee of
the Whole, the Bill to compensate executors, administra¬
tors, and guardians, in certain cases.
The Report was agreed to.
The Bill was read the third time, and passed.
The Senate took up as the Report of the Committee of
the Whole, the, Bill to change the name and style of the
Court of Common Pleas, and of Oyer and Terminer, for
the city of Savannah, and to authorize the Judge of said
Court to appoint a Solicitor General jpro tern.
The Report was agreed to.
The Bill was read the third time, and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to compensate the Petit Jurors of the
county of Harris.
The Report was agreed to. 1
The Bill was read the third time, and passe'd.
The following Message was received from his Excellency
the Governor, by Mr. Hood, his Secretary :
Mr. President :—His Excellency the Governor has
assented to and signed a Resolution of the General Assem¬
bly, setting apart Thursday, the 27th inst., as a day of
Thanksgiving, which I am directed to return to the Senate.
The following Message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Mr. President : The House of Representatives have
pave passed the following Bills, viz :
A Bill to exempt ordained or licensed preachers of the
Gospel from working on public roads in this State.
A Bill to compensate the Grand and Petit Jurors of the
county of Franklin.
A Bill to separate the offices of Tax Collector and Re¬
ceiver, in the county of Chattooga.
Also, a Bill to incorporate the Union Steamboat Com¬
pany of Georgia and South Carolina.
The Senate took up as the Report of the Committee of
the Whole, the Bill to grant and secure to Charles D.
Stewart and others, proprietors and corporators of the
Columbus Factory, the right to erect and keep up a dam
across a portion of the Chattahoochee River 5 and on read¬
ing the first section, as follows :
Be it enacted, That Charles D. Stewart, John Fontain,
Julius B Clapp, Henry H. Meigs, and George Stewart,
i II®nrie^ta IL Meigs, proprietors and corporators
o± the Columbus bactory, a Company incorporated nndpr
the Act of 1847, be allowed, and^ they are fiereby author¬
ized to erect, keep up, and maintain a wing dam in the
Chattahoochee River, from the East bank of said' River,
SENATE. 73
abutting on fraction 92, and running to a small island, in
said River:
Mr. Flournoy moved to amend by inserting after the
words, " Columbus Factory," the words, " and their suc¬
cessors."
* Which was agreed to.
Mr. Flournoy moved to amend further by adding to the
section the following:
" And that they be permitted and empowered to join
said dam to, and erect, keep up, and maintain its Western
abutments, at, against, and upon either or any of the small
islands in the Chattahoochee River, opposite their present
Milling, Manufacturing, and Tanning establishment."
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time, and passed.
The Senate took up, as the Report of the Committee of
the Whole, a Bill to authorize John Presley, a cripple,
and infirm man, of the county of Henry, to vend and
dispose of articles of merchandise, without license ; which,
on motion of Mr. Harman, was postponed indefinitely.
The Senate took up as the Report of the Committee of
the Whole, the Bill to create and lay off two new Judicial
Circuits, one to be called Circuit, to be composed
of the counties of Carroll, Campbell, Cobb, Cherokee,
Forsyth, Lumpkin, Union, and Gilmer, and to add the
same to the Fourth Supreme Court Judicial District; and
the other to be called Circuit, to be composed of
the counties of Bibb, Houston, Twiggs, Dooly, Macon, and
Crawford, and to add the same to the Third Supreme
Court Judicial District.
On motion of Mri McCune, the same was made the
special order of the day for to-morrow.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to alter and change the election pre¬
cinct at the house of Manassa Henderson, in the 982d
Dist. G. M., in the county of Irwin, to the place of hold¬
ing Justice's Court, in said District.
Which, on motion of Mr. Harman, was referred to a.
Select Committee, consisting of Messrs. Harman, Wilcox,
Knight, and McCune.
Mr. Cone in the Chair, leave of absence was granted to
the President for a few days, on special business.
On motion of Mr. Foster, the Senate proceeded to the
election of a President pro. tern. / when, on receiving* and
counting out the ballots, it appeared that the Honorable
John W. Anderson, Senator elect from the First Senato¬
rial District, was duly elected.
On motion of Mr. Foster, a Committee, consisting of
Messrs. Foster, Moore, and McCune, was appointed to
74: journal of the
notify him of his election, request his acceptance, and
conduct him to the Chair.
Whence he returned his acknowledgments.
The Bill to lay out and organize a new county, (rom
parts of the counties of Paulding and Floyd, attach the
same to a Senatorial, Judicial, and Congressional District,
and to attach a portion of Cobb county to the county of
Paulding, and to provide for the location of a County Site
in such new county, and also in the county of Paulding,
was taken up, read the second time, and referred to the
Select Committee on new counties.
The following message was received from the House of
Pepresentatives, by Mr. Sturgis, their Clerk:
Mr. President : The House of Pepresentatives have
agreed to a Pesolution authorizing the Joint Committees
on Internal Improvements to appoint a Sub-Committee to
proceed to the Western and Atlantic Pailroad, and make
a thorough examination of said Poad, and report to this
General Assembly ; to which they ask the concurrence of
the Senate.
On motion of Mr. Harman, Mr. Slaughter was added
to the Select Committee on new counties.
On motion of Mr. Mosely, Mr. Tumlin was added to
the same Committee.
On motion of Mr. Cone, the Senate took up the follow¬
ing Pesolution of the House of Pepresentatives :
Resolved, l)y the Senate and House of Representatives
of the State of Georgia, in General Assembly met, That,'
the Committees on Internal Improvements, of the two
Houses respectively, are hereby authorized to appoint a
Sub-Committee from each, to consist of two from the Sen¬
ate Committee, and three from the House Committee,
who shall form a Joint Committee, whose duty it shall be
to proceed to the Western and Atlantic Pailroad, and to
make a thorough examination of the said Pailroad, its
equipment, finances, arrangement, and all other matters'
relating to the Poad, of interest to the State. And that
the said Committee may discharge their duties efficiently,
they are hereby' empowered to procure such advice and
assistance as they may deem necessary to examine all
books and papers connected with the business and opera¬
tions of the Poad ; to compel the attendance of all persons
whose testimony they may desire, and the production of
books and papers ; and to call upon the Chief Engineer,
and all other officers and agents of the said Poad, for such
information and assistance in the discharge of their' duties
as they may deem necessary. After making the examin¬
ation herein provided for, it shall be the duty of the said
Sub-Committee to report through their respective Com¬
mittees upon the subject committed to them, together
senate. 75
with their estimate of the sum necessary to refit and equip
the Road, so as to place the same "in complete and success¬
ful operation.
Which, after considerable discussion, was on motion of
Mr. Hardeman, laid on the table for the present.
On motion, the Senate adjourned until to-morrow morn¬
ing, at 10 o'clock.
IN SENATE.
Satukday, November I5th, 1851.
The Senate met pursuant to adjournment.
Mr. Walthour reported a Bill to incorporate the Ogee-
ch'ee Plank Road Company, and for other purposes therein
named.
Which was read the first time.
Mr. McCune asked and obtained, leave of absence for
Mr. Wright for a few days.
The Senate took up the special Order of the Hay, it
being the Bill to create and lay off two new Judicial Cir¬
cuits ; one to be called. Circuit, to be composed
^ of the counties of Carroll, Campbell, Cobb, Cherokee,
Porsyth, Lumpkin, Union and Gilmer, and to add the same
to the Fourth Supreme Court Judicial District.
And the other to be called Circuit, and to be
composed of the counties of Bibb, Houston, Twiggs,
Dooly, Macon and Crawford, and to add the same to the
Third Supreme Court Judicial District.
And, on reading the first section as follows:—Be it
enacted, that from and after the passage of this Act, there
shall be, and is hereby created, a new Judicial Circuit, to
called Circuit, to be composed of the counties
of Carroll, Campbell, Cobb, Cherokee, Forsyth, Lumpkin,
Union and Gilmer; and said Circuit is hereby added to
the Fourth Supreme Court Judicial District. And also,
from and after the passage of this Act, there shall be, and
is hereby created, another new Judicial Circuit, to be
called Circuit, to be composed of the counties
of Bibb, Houston, Twiggs, Dooly, Macon and Crawford ;
and said last named Circuit is hereby added to the Third
Supreme Court Judicial District.
Mr. Calhoun moved to fill the first blank, by inserting
the word " Kennesaw."
Which was lost.
70 JOURNAL OF THE^
Mr. Simmons moved to fill the tlank with the word
" Alleghany."
Which was lost.
Mr. Wellborn moved to fill the blank with the words
*' Blue Ridge."
Which was agreed to.
Mr. McCune moved to fill the second blank, by insert¬
ing the word " Macon."
Which was agreed to.
The Committee on the Judiciary proposed to amend, by
striking out the word " Carroll."
Which was agreed to.
The Committee proposed further to amend, by striking
out the word " Twiggs," and inserting the word " Sumter."
Which was lost.
The Report, as amended, was agreed to.
The Bill, was read the third time, and passed.
And, on motion of Mr. Wellborn, the Secretary was
directed to cany the same forthwith to the House of Re¬
presentatives.
On motion of Mr. Simmons, the Senate took up the
Resolution of the House of Representatives, relative to the
appointment of a Sub-Committee from the Committees on
Internal Improvement of the Senate and House of Repre¬
sentatives, for the purpose of investigating the condition
of the Western and Atlantic Railroad.
And, upon agreeing to the resolution, the yeas and nays
were required to be recorded, and are, yeas 31, nays 8.
Those who voted in the affirmative, are Messrs.
Anderson,
Butler,
Bethune,
Burks,
Cone,
Connelly,
Crocker,
Calhoun,
Coffee,
Chappell,
Dickinson,
Flournoy,
Flewellen,
Farris,
Griggs,
Hicks,
Hardeman,
Knight,
-r •
Little,
McRae,
Mosely,
Moore,
Ross,'
Reed,
Spalding,
Stroud,
Simmons,
Slaughter,
Tomlinson,
Tumlin,
Walthour,
Wolfe,
Wellborn,
Watters.
Those who voted in the negative, are Messrs.
Bryan, Day,
Beavers, Lawson,
Philip M. Byrd, McCune,
Wilcox,
Wright.
So the motion prevailed.
SENATE. 77
On motion of Mr.Hardeman,theSecretary was directed
to carry the same forthwith to the House of Represen¬
tatives.
Mr. Spalding presented the petition of P. H. Behn,and
others, representing the Five Troops of Cavalry composing
the first squadron attached to the First Division Georgia
Militia.
Which, on his motion, was referred to the Military Com¬
mittee, without being read.
On motion of Mr. Cone, Mr. Spalding was added to the
Committee on the Military.
Mr. Cone asked and obtained, leave of absence for Mr.
Farris for a few days.
Mr. Wellborn reported to the Senate that Mr. Harman
was unable to attend the Senate from illness.
The following Message was received from the House of
Representatives by Mr. Sturgis, their Clerk:
Me. Peesident : The House of Representatives have
concurred with the Senate in their Resolution, authorizing
and empowering the Joint Committee on the Penitentiary
to send for such persons and papers, and to examine such
witnesses on oath as the Committee may deem necessary
in the investigation into the afiairs of that Institution, and
also to authorize said Committee to employ a Clerk if they
deem it necessary.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to incorporate the Augusta, Atlanta
fnd Hashvifle Magnetic Telegraph Company.
Which, on motion of Mr. McCune, was made the special
Order of the day for Wednesday, the 19th instant.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole, to-wit:
A Bill to amend the first section of the third article of
the Constitution. x
Also, a Bill amendatory of the Statute of Limitations.
Also, a Bill to point out and define the mode of Writs
of Scire Facias.
Also, a Bill to regulate the practice of the Supreme
Court, and of the Superior Courts, and for other purposes.
Also, a Bill to alter the time of holding the Inferior
Court of Harris county.
Also, a Bill to authorize the Central Railroad and
Banking Company of Georgia, to lease and work such
Railroads as now connect, or may hereafter connect, with
the Central Railroad, and to authorize the Board of
Directors of such Railroad Companies as now have, or
may hereafter have, their respective rail roads connecting
with the said Central Railroad, to make lease thereof for
a term of years, or during the continuance of their respec¬
tive charters.
78 journal of the
Also, a Bill to amend the several Acts heretofore passed
incorporating and relating to the South Western Railroad
Company, and to authorize said Company to build and
maintain a Railroad from the South Western Railroad,
at Fort Yalley, crossing the Flint River, to, or near to, a
place called Wolfe Pen, in the county of _ ,and
then to join the Railroad of the Muscogee Railroad Com-
pany.
Also, a Bill for the preservation and protection of the
rights of Married Women, and the distribution of their
estates.
Also, a Bill to change the time of the meeting of the
General Assembly of ,the State of Georgia.
The Bill to provide the means of constructing the Bruns¬
wick and Florida Raiload, to authorize the Governor to
subscribe (for the State of Georgia) Stock therein, and to
cede to said Company the unsurveyed portion of the
Okefanokee Swamp, and for other purposes hereinafter
mentioned, was taken up, read the second time; and,
On motion of Mr. Knight, referred to a Select Commit¬
tee, consisting of Messrs. Knight, McRae and Cone; and,
On motion of Mr. Cone, fifty copies were ordered to he
printed for the use of the Senate.
The Bill to amend the Acts incorporating and granting
corporate powers to the town of Bainbridge, in the county
of Decatur, was taken up, read the second time, and re¬
ferred to the Select Committee on Incorporations.
The Bill to abolish Capital Punishment within the State
of Georgia, was taken up, read the second time, and ref
ferred to the Committee on the Judiciary.
The Bill to lay off and organize a new County out of
the counties of Franklin and Elbert, and for other pur-
purposes, was taken up, read the second time, and referred
to the Select Committee on new Counties.
The following Message was received from his Excel¬
lency, the Governor, by Mr. Flood, his Secretary:
Mr. President: His Excellency, the Governor, has
assented to, and signed a Resolution, authorizing the Com¬
mittee upon the Penitentiary to send for persons and
papers, and also to authorize them to employ a Clerk, if
necessary, which I am instructed to return to the Senate.
The Senate took up the following Bills of the House of
Representatives, which were read the first time :
A Bill to exempt ordained or licensed Preachers of the
Gospel from working on public roads in this State.
Also, a Bill to compensate grand and pettit Jurors of
the County of Franklin.
Also, a Bill to repeal so much of an Act, entitled an
Act to consolidate the offices of Tax Collector and Re¬
ceiver of Tax Returns, so far as respects the counties of
SENATE.
79
Baldwin, Chattooga, Franklin, Gwinnett, Heard, Upson,
"Wilkes, Mcintosh, Thomas, Cobb, Hancock, Dooly and
Marion, passed the ninth day of December, eighteen
hundred and thirty-nine, as respects Chattooga county;
and to provide for the election in future of one Tax Col¬
lector, and one Tax Receiver, separately, in said county of
Chattooga, as provided for by the general laws in this State
in such cases.
Also, a Bill to incorporate the Union Steam Boat Com¬
pany at Georgia and South Carolina.
The Bill of the House of Representatives to amend an
Act to incorporate the Savannah and Albany Railroad
Company with power to extend the said Road, and to con¬
struct branches, and for other purposes, approved Decem¬
ber 25th, 1847, so as to extend the time for the commence¬
ment and completion of said Road, and the continuance
of said charter, was taken up, read the second time, and
referred to the Committee of the Whole.
The Senate took up, as the Report of the Committee of
Whole, the Bill of the House of Representatives, to incor¬
porate the Southern Female College, located in the Town
of Covington, Hewton county, and to authorize the Trus¬
tees of the Female Seminary of the said county, to convey
the lot of land in the town of Covington, whereon the
Female Academy now stands, to the Trustees of the said
College.
Mr. Harman, the Chairman of the Select Committee on
. Corporations, moved to amend by adding the following, as
Yadditional sections:
Be it enacted, That Jonathan A. Virgin, William S.
Lightfoot, John H. Ellis, Samuel P. Richards, Robert
Findlay, and their successors in office, be, and they are
hereby declared to be a body corporate, by the name and
style of Trustees of the Baptist Church of Christ at Macon,
with power to hold any property, either real or personal,
which may now belong to, or be hereafter acquired by said
Church, whether by purchase, gift or bequest, for the use
and benefit of said Church; and they and their successors
in office are hereby declared capable of sueing, or being
sued, and of making all by-laws that may be necessary for
the government of said corporation, not inconsistent with
this Act, or the Constitution and Laws of this State, and
of using all legal means for defending or recovering any
property whatever, which they, the said Trustees, or their
successors, may hold, claim or demand, now or hereafter.
And be it further enacted, That the above named Trus¬
tees shall continue in office until the Friday preceding the
second Sabbath in January, eighteen hundred and fifty-
two (1852), when the male members of said Church shall,
at their usual place of worship, proceed to the election of
SO JOURNAL OF THE
five Trustees, selected from the members of their body for
one year thence qnsuing; and on Friday preceding the
second Sabbath in January, every year thereafter, an elec¬
tion shall bo held in like manner, any member of the
Board being re-eligible; and in the event there be a failure
to hold an election at the time .above directed, an election
may be held on any other day thereafter, the members of
the last Board, in all cases, to continue in office until their
successors shall have been elected.
Be it further enacted, That any vacancies which may
occur in the Board of Trustees, by death, removal, resig-
nation, or otherwise, may be filled by the vote of the
majority of the male members of said Church, at any
meeting called for that purpose.
Be it further enacted, That all acts done and performed
by said Trustees of the Baptist Church of Christ at Macon,
under and by virtue of the Act of Incorporation aforesaid,
be, and the same are hereby legalized and confirmed;
Provided the same be nqt repugnant to the Laws of this
State.
Be it further enacted, That "Washington Baird, Prin¬
cipal, and Seaton Grantland, Farish Carter, H. H. Han-
sell, J. T. Tucker, H. Y. Johnson, Tomlinson Fort, S. K.
Talmage, J. W. Baker, M. Grieve, I. L. Harris, D. E.
Tucker and James C. Whitaker, and their successors in
office, be, and they are hereby constituted a body corporate
and politic, under the name and style of the " Chalmers
Female College," to be located at Scottsboro, with power/
to have and use a common seal, sue and be sued, plead and'
be impleaded, and to have, take, hold and enjoy, any real
or personal estate, or other property, for the purpose of
female education.
Be it further enacted by the authority aforesaid, That
the said Principal, and his successors in office, shall have
power and authority to employ associate and assistant
teachers, to make all needful and proper rules and regula-1
tions for the government of the Institution, and its scholars,
not repugnant to the Constitution and Laws of the State,
to prescribe the course of studies, fix the rates of tuition,
and confer such honors, degrees, medals and privileges, as
are usual in colleges and universities, and to grant suitable
diplomas.
And be it further enacted, That the Board of Trustees,
or a majority of them, shall have power to fill all vacancies
m their own body, and, upon failure to do so, that the
Principal be authorized to appoint, and that said Principal
have the right to appoint, his successor; and, upon failing
to do so, and a vacancy in said office, the Board of Trus¬
tees have authority to elect a Principal.
Be it further enacted, That the name of the corporators
SENATE.
81
mentioned in an Act, entitled an Act, to incorporate
Madison Collegiate Institute, assented to the lTth day of
January, 1850, shall be, and the same is hereby changed
from Madison Collegiate Institute to " Georgia Female
Collegeand that by said name of " Georgia Female
College" they shall hereafter be known and designated,
with all the rights, privileges and immunities, which were
conferred upon them by said Act, of which this is amen¬
datory.
And be it further enacted by the authority aforesaid,
That all contracts heretefore made by, and with said cor¬
poration, and all notes and other evidences of debt, held
by them for donations or otherwise, shall be enforced and
collected by them in their said corporate name of " Georgia
Female College."
And be it further enacted by the authority aforesaid,
That at any time hereafter, when they may deem it advis¬
able to do so, the stockholders in said corporation, who, by
the provisions of the Act, of which this is amendatory, are
empowered with the authority to elect Trustees for said
corporations, may, upon due notice being given them, (a
majority of stock being represented,) transfer such power
.of appointment of Trustees to any corporate body in said
State, or they may confer the power of such appointment
and perpetuation upon the Board of Trustees, then exist¬
ing; Provided that in such transfer of power the said
stockholders shall cast one vote for each share of twenty-
five dollars of stock he or she may be the owner of; said
meeting of stockholders to be held in the town of Madison,
Morgan county, State of Georgia.
And be it further enacted by the authority aforesaid,
That whenever the said stockholders shall transfer the
power of appointment of Trustees, as hereinbefore pro¬
vided, the declaration of the same shall be entered upon
the minutes of the Board of Trustees of said corporation,
and shall be signed upon said minutes by the proper hands
of the stockholders, making such tranfer of such power as
aforesaid, and that said minutes shall be evidence of such
transfer of such power, and admissible as evidence of the
same, when and wherever the fact of such transfer of such
power may become material for the interests of said cor¬
poration.
Which was agreed to.
The Bill, as amended, was agreed to:
The Bill was read the third time and passed.
Mr. Faris laid on the table the following Resolution,
which was taken up, read and agreed to:
Resolved by the Senate, and Rouse of Representatives,
That the Committee of the Senate and House on the Deaf
and Dumb Institute, be constituted a Joint Committee,
_6_
82 journal of the
and that they have the power to appoint a Sub-Committee
to examine this Institute, and report thereon to the present
General Assembly.
On motion, the Senate adjourned until Monday morn¬
ing, ten o'clock.
IN SENATE.
Monday, Nov. 17th, 1851.
The Senate met pursuant to adjournment.
Mr. Anderson, from the Committee on Internal Improve¬
ment, reported that that Committee had appointed Messrs.
Farris and Tumblin on the part of the Senate to join such
Committee as may be appointed on the part of the House
to enquire into the condition of the Western and Atlantic
Kailroad, and report the same.
On motion of Mr. Moore, Messrs. Hardeman and Little
were added to the Committee on new counties, and Mr.
Bethune excused from serving on that Committee.
Mr. Slaughter reported a Bill to incorporate the Baptist
Church in the town of Marietta, in the county of Cobb,
and to appoint Trustees for the same.
Which was read, the first time.
Mr. Flewellen reported a Bill to authorize the Court of
Ordinary of Upson county, to grant letters of administra¬
tion on the undivided estate of Allen McWalker, deceased,
late of Upson county, and on certain conditions.
Which was read the first time.
Mr. Anderson reported a Bill to amend an Act entitled
an Act to incorporate the " Savannah Female Asylum"
Society in the city of Savannah.
Which was read the first time.
Mr. Philip M. Byrd reported a Bill to repeal so much of
an Act entitled an Act to change the names and legiti¬
matize the persons therein named, and for other purposes,
approved 16th February, 1850, so far as relates to the
change of the name of •William Hadaway.
Which was read the first time.
_ Mr. Watters reported a Bill to incorporate Pisgah Bap¬
tist Church in the county of Floyd.
Which was read the first time.
Also, a Bill to protect common Carriers.
Which was read the first time.
Mr. Wilcox reported a Bill to alter and change the name
SENATE.
83
of Andrew Jackson, of the county of Telfair, to that of
Andrew Jackson Passmore, his reputed father.
Which was read the first time.
The Senate took up, as the special Order of the Day,
the report of the Committee of the Whole on the Bill for
the pardon of James Norris, of the county of Butts, for
the crime of murder.
The Report was agreed to.
Th^ Bill was read the third time, and on the question
" Shall this Bill now pass ?" the yeas and nays were requir¬
ed to be recorded, and are—yeas 2, nays 29.
Those who voted in the affirmative, are Messrs.
Coffee, . Hicks.
Those who voted in the negative, are Messrs.
Bryan, Griggs, Ross,
Bethune, Harris, Reed,
Burks, Hardeman, Stroud,
Beavers, Knight, Simmons,
Crocker,- Lawson, Slaughter,
Calhoun, Little, Walthour,
Chappell, McRae, Wilcox,
Dickinson, McCune, Wellborn,
Flournoy, Mosely, Watters.
Flewellen, Moore,
So the Bill was lost.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to pardon Brinkley Bishop, of the
county of Bibb, for the crime of murder.
The Report was agreed to.
The Bill was read the third time, and on the question
" Shall this Bill now pass V the yeas and nays were re¬
quired to be recorded, and are—yeas 22, nays 15.
Those who voted in the affirmative, are Messrs.
Bryan, Flewellen, McCune,
Butler, Griggs, Reed,
Bethune, Harris, Slaughter,
Beavers, Harman, Wilcox,
Philip M. Byrd, Knight, Wolfe,
Crocker, Little, Wellborn,
Coffee, McRae, Watters.
Flournoy,
84 journal of the
Those who voted in the negative are Messrs.
Burks,
Cone,
Hicks,
Lawson.
Mosely,
Moore,
Boss,
Spalding,
Stroud,
Calhoun,
Chappell,
Dickinson.
Simmons,
W althour.
So the Bill passed.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk: ■
Mr. President :—The House of Representatives have
concurred with the Senate in their Resolution to appoint
a Joint Committee to re-organize the Congressional Dis¬
tricts, and report a Bill for the same, and have appointed,
as the Committee, on the part of the House, Messrs. Janes,
Carr, Trippe, McDougald, McComb, Irwin, of Wilkes,
Bellinger and Harris, of Clark.
They have also agreed to a Resolution authorizing His
Excellency the Governor to furnish the Hon. James H.
"Wayne, and the Hon. John C. Nicol with certain books
therein named, to which they ask the concurrence of the
Senate.
On motion of Mr. McCune, the Senate adjourned until
3 o'clock, P. M.
The Senate met pursuant to adjournment.
On motion of Mr. Knight, the Regular Order was sus¬
pended.
The Bill to incorporate the Ogeecjiee Plank Road Com¬
pany and for other purposes therein named.
Was taken up, read the second time, and referred to the
Committee of the Whole.
The following Bills from the House of Representatives
were taken up, read the second time, and referred to a
Committee of the Whole:
A Rill to compensate Grand and Petit Jurors of the
county of Franklin.
Also, a Bill to repeal so much of an Act entitled an
Act to consolidate the offices of Tax Collector and Re¬
ceiver yf 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 the Ninth day cf December',
Three o'Clock, P. M.
SENATE.
85
1849, so far as respects Chattooga county, and to provide
for the election in future of one Tax Collector, and one
Tax Receiver, separately, in said county of Chattooga, as
provided for by the general laws of this State in such
cases.
Also, a Bill to incorporate the Union Steam Boat Com¬
pany of Georgia and South Carolina. '
Also, a Bill to exempt ordained or licensed Preachers of
the Gospel from working on public roads in this State.
The Senate took up, as the Report of the Committee of
the Whole, the Bill of the House of Representatives, to
amend an Act to incorporate the Savannah and Albany
Railroad Company, with power to extend the said Road,
and to construct branches, and for other purposes, approved
December 25th, 1847, so as to extend the time for the
commencement and completion of said Road, and the
continuance of said charter.
The Report was agreed to.
The Bill was read the third time and passed.
" The Senate took up, as the Report of the Committee of
the Whole, the Bill to alter the time of holding the Infe¬
rior Court of Harris county.
The Report was agreed to.
The Bill was read the third time, and passed.
On motion of Mr. Walthour, the Senate took up ,the
following Resolution of the House of Representatives : i
Resolved, That His Excellency, the Governor, be, and
i he is hereby authorized and requested, to furnish the Hon.
James M. Wayne, Judge of the Sixth Circuit Court of the
United States for the District of Georgia, and the Hon.
^ John C. Hichol, Judge of the District Court of the United
* States for the District of Georgia, with a full copy of the
Reports of the decisions of the Supreme Court of the
State of Georgia now in the Executive Department, and
a copy of such other volumes of the same as may hereafter
be published. *
On the motion to concur in the Resolution, the yeas and
nays were required to be recorded, and are—yeas 21,
nays 12.
Those who voted in affirmative, are Messrs.
Anderson,. Dickinson, Mosely,
Bryan, Elewellen, Ross,
Bethune, Hicks, Simmons,
Burks, Hardeman, Slaughter,
Crocker, Knight, Walthour,
Coffee, Lawson, . Wolfe,
Chappell, Little, Watters.
86 journal of the
Those who voted in the negative, are Messrs.
Beavers, Foster, McOnne,
Calhoun, Griggs, Heed,
Day,' Harris, Stroud,
Flournoy, McRae, Wellborn.
So the motion prevailed.
Mr. Slaughter laid upon the table the following [Resolu¬
tion, which was taken up and agreed to:
Resolved, By the Senate and House of [Representatives,
that the Committee of the Senate and House of Represen¬
tatives on the Lunatic Asylum be constituted a Joint Com¬
mittee, and that they have power to appoint a Sub-Com¬
mittee to examine this Institute, and report thereon to the
present General Assembly.
On motion the Senate adjourned till to-morrow morning.
10 o'clock.
TUESDAY, [November 18th, 1851.
The Senate met, pursuant to adjournment.
. On motion of Mr. Slaughter, the Senate reconsidered so
much of the Journal of yesterday as relates to the adop¬
tion of the Resolution providing for the appointment of a
Joint Committee on the Lunatic Asylum.
The Senate took up the unfinished business of yester¬
day, which was the Report of the Committe of the Whole,
on the pardon of Garland D. Cornett, of the county'of
Morgan, for the crime of murder.
The Report was agree d.to.
The Bill was read the third time; and on the question,
" Shall this Bill now pass V the yeas and nays were re¬
quired to be recorded, and are, yeas 21, nays 13.
Those who voted in the affirmative, are Messrs.
Bryan, Dickinson, McRae,
Butler, Flournoy, McCune,
Bethune, Flewellen, Reed,
Beavers, Harris, Wilcox,
Cone, Harman, Wolfe,
Crocker, Knight, Wellborn,
Coffee, Lawson, Watters.
senate. 87
Those who voted in the negative, are Messrs.
Burks, Little, Simmons,
Calhoun, Mosely, Slaughter,
Bay, Moore, Walthour.
Hicks, Boss,
Hardeman, Stroud,
So the Bill was passed.
On motion of Mr. Cone, Mr. Foster was excused from
voting.
The following message was received from the House of
Bepresentatives, by Mr. Sturgis, their Clerk:
Me. President :—The House of Bepresentatives have
passed the following Bill, to, wit:
A Bill to be entitled an Act appropriating money as a
contingent fund for the years 1852 and 1853, and for the
payment of arrearages chargeable to the contingent fund
of 1851.
The Senate took up as the Beport of the Committee of
the Whole, the Bill for the pardon of James Johnson, of
the county of Baldwin, for the crime of murder.
The evidence being had, Mr. McCune moved that addi¬
tional and extrajudicial testimony be received and read;
upon which motion the yeas and nays were required to
be recorded, and are, yeas 22, nays 15.
Those who voted in the affirmative are Messrs.
Bryan, Harris,
Butler, Hicks,
Bethune, Harman,
Beavers, Knight,
Philip M. Byrd, Lawson,
Crocker, McBae,
Coffee, McCune,
Flournoy, Boss,
Those who voted in the negative are Messrs.
Burks, Flewellen, Mosely,
Cone, Foster, Moore,
Calhoun, Griggs, Stroud,
Hay, Hardeman, Slaughter,
Hickinson, Little, * W althour.
So the motion prevailed.
Beed,
Simmons,
Wilcox,
Wolfe,
Wellborn,
Watters.
The Beport was agreed to.
88 JOURNAL OF THE
The Bill was read the third time ; and on the question,
" Shall this Bill now pass ?" the yeas and nays were re-
qired to he recorded, and are, yeas 31, nays 4.
Those who voted in the affirmative are Messrs.
Bryan, Flewellen, Boss,
Butler, Harris, Reed,
Bethune, Hicks, Stroud,
Beavers, Harman, Simmons,
Philip M.rByrd> Knight, Slaughter,
Crocker, Lawson, W altkour,
Calhoun, Little, Wilcox,
Coffee, McRae, Wolfe,
Day, McCune, Wellborn,
Dickinson, Moore, Watters.
Flournoy,
Those who voted in the negative, are Messrs.
Burks, ' Griggs, Mosely,
Foster,
So the Bill was passed.
On motion of Mr. McCune, the Secretary was directed
to carry both bills forthwith to the House of Represen¬
tatives.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President : Thex House of Representatives has
passed the following Bill, viz.:
A Bill to be entitled an Act to appropriate money for
repairing and furnishing the Executive Mansion, and for
erecting an additional building within the enclosure of the
same for servants. ^
And I am directed forthwith to communicate the same
to the Senate.
On motion of Mr. Bethune, the following Bills of the
House of Representatives were taken up and read the
first time:
A Bill appropriating money as a Contingent Fund for
the years 1852 and 1853, and for the payment of arrear¬
ages chargeable to the Contingent Fund of 1851.
Also, a Bill to appropriate money to repair and furnish
the Executive Mansion, and to build houses for servants.
The Senate took up as the Report of the Committee of
the Whole, the Bill to amend the first section of the third
article of the Constitution.
The report was agreed to.
SENATE.
89
The Bill was read the third 'time, and passed unani¬
mously.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to point out and define the mode of
writs of Scire Facias.
Which, on motion, was referred to the Committee on
the Judiciary,
The Senate took up, as the Report of the Committee of
the Whole, the Bill amendatory of the Statute of Limita¬
tions.
Which, on motion, was referred to the Committee on the
Judiciary.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to regulate the practice of the Supreme
Court and of the Superior Courts, and for other purposes.
Which, on motion, was referred to the Committee on
the Judiciary.
Mr. Harman reported a Bill to add lot of land, JSTo.
sixty-two (62) in the Seventh District of originally Bald¬
win now Twiggs county to the county of Bibb.
Which was read the first time.
Mr. Knight reported a Bill to fix the price of grants of
lands in the Tenth and Eleventh Districts of Ware county,
sold under an Act passed the eleventh day of February,
eighteen hundred and fifty.
Which was read the first time.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to authorize the Central Railroad and
Banking Company of Georgia, to lease and work such
Railroads as now .connect, or may hereafter connect, with
the Central Railroad, and to authorize the Board of
Directors of such Railroad Companies as now have, or
may hereafter have, their respective Railroads connecting
with the said Central Railroad, to make leases thereof for
a term of years, or during the continuance of their respec¬
tive charters.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to change the time of the meeting of
the General Assembly of the State of Georgia. On read¬
ing the first section as follows :
Be it enacted, That from and after the passing _ of this
Act, the meeting of the General Assembly of this State
be biennially, on the third Monday of November, the first
meeting to be on the third Monday in November, 1853.
Mr. McCune moved to amend by striking out the words
" the third Monday of November," and inserting " the
third Monday in January." The question was divided.
The motion to strike out was agreed to.
90 joubnal of the
Mr. "Wellborn moved to insert " the fourth Monday in
November."
Which was lost.
Mr. Foster moved to insert " on Wednesday after the
first Monday in November."
Which was lost.
Mr. McCune moved to insert " on Wednesday after the
second Monday in November."
Which was lost.
Mr. Harman moved to postpone the Bill indefinitely.
Which was agreed to.
On motion, the Senate adjourned until 10 o'clock to¬
morrow morning.
WEDNESDAY, Nov. 19th, 1851.
The Senate met pursuant to adjournment.
Mr. Wellborn moved to reconsider so much of the jour¬
nal of yesterday, as relates to the action of the Senate on
the Bill to change the time of the meeting of the General
Assembly.
Which was lost.
Mr. Calhoun reported a Bill to give the election of Mar¬
shal and Deputy Marshal of the city of Atlanta to the peo¬
ple, to authorize their removal from office in certain cases
therein named, and in those cases to make them ineligible
to re-election.
Which was read the first time.
Mr. Foster, Chairman of the Committee on the Judicia¬
ry, made the following Beport:
Me. Peesident :—The Committee on the Judiciary have
had under consideration the Bill entitled an Act to pre¬
scribe the mode of collecting rent, and have instructed me
to report the same to the Senate without amendment, and
ask for it a favorable consideration.
Also, the Bill entitled an Act to abolish capital punish¬
ment in this State, and directed me to report the same
back to the Senate, with the disapproval of the Committee.
Also, a Bill entitled an Act amendatory of the Statute
of Limitations, and directed me to report the same back
to the Senate, without amendment, and ask for it the fa¬
vorable consideration of this body.
All which is respectfully submitted.
Mr. Hardeman, from the Select Committee on Incorpo¬
rations, made the following Beport:
Me. Peesident :—I am directed by the Select Commit-
SENATE.
91
tee on Incorporations, to Report to the Senate a Bill to in¬
corporate the town of DeSoto, in the county of Floyd,
without amendment, and ask for a favorable consideration.
I am also directed to Report a Bill to amend the Acts
incorporating and granting corporate powers to the town
of Bainbridge, in the county of Decatur, and to recom¬
mend the following amendments, to wit:
To amend the Bills by striking out the 2d section, and
amendment to the fourth section, by inserting after con¬
duct, and if necessary he may call to his assistance any of
the male citizens of said town, whose duty it shall be to
assist him, and on their refusal so to do, shall be subject to
a fine not exceeding five dollars, to be adjudged of by the
Commissioners of said town, in lieu of the latter part of
said section.
I am also directed to Report a Bill to incorporate the
town of Marietta, in the county of Cobb ; and also to en¬
large the boundary of said town, and incorporate the same,
under the name of the city of Marietta, and provide for
the election of a Mayor and City Councilmen, and such
other officers as may be required, and confer upon them
specified powers, and for other purposes therein named,
with the recommendation that the following amendments
be made thereto, to wit:
Amend the 9th section by adding, " and in cases where
persons so committed to Jail are, or shall be, unable to
pay the Jail fees, the said corporation shall be liable for
the payment of the same."
Amend section 12, by adding, " for the purpose of hav¬
ing the roads, and streets of said city kept in good order,
which shall be a commutation for road duty."
Amend section 14, by inserting " city" for "county" in
the 3d line, and striking out all of the proviso in said
section.
Amend by striking out the whole of seotion 17.
Amend section 18, by striking out all after "license" in
the 8th line.
Amend section 20, by inserting a sum " not exceeding"
fifty dollars, in lieu of the sum of fifty dollars; and by
inserting in the 18th line, a sum "not exceeding" five
hundred dollars, in lieu of the sum of five hundred dollars.
And amend by adding tiie following additional section :
And he it further enacted, That nothing in this Act
shall be so construed as to authorize the authorities of the
said city, to assess or require a tax upon any portion of the
property belonging to the Western and Atlantic Railroad,
which is, or may be, within the limits of said city.
All of which is most respectfully submitted.
Mr. .Wolfe reported a Bill to change, alter, and fix the
time of holding the Inferior Court of the county of Early.
92
JOURNAL OF THF
Which was read the first time.
Mr. Watters reported a Bill to alter and change the line
"between the counties of Paulding and Floyd, so as to in¬
clude the residence of D. H. Hampton in the county of
Floyd.
Which was read the first time.
Mr. Wilcox reported a Bill to alter and fix the times for
holding the Superior Courts in and for the counties of Irwin
and Telfair.
Which was read the first time.
Mr. Flournoy reported a Bill to authorize grants to issue
for fractions which were paid for by persons not holding
the certificates for the same.
Which was read the first time.
Mr. Wellborn presented the petition of sundry citizens
of Lumpkin, Forsyth, and Cherokee counties, praying for
the organization of a new county.
Which, on his motion, was referred to the Committee
on Petitions, without being read.
Mr. McCune reported a Bill to authorize Simon H.
Saunders, of Butts county, to use the water power on the
Shoals of the Indian Spring reserve, for certain purposes,
and under certain restrictions.
Which was read the first time.
Mr. Bethune reported a Bill amendatory of an Act, as¬
sented to 22d December; 1834, to alter the laws relating
to county academies, so( far as relates to the county of
Baldwin.
Which was read the first time.
Mr. McCune reported a Bill to incorporate the " Barnes-
ville Male and Female High School," and to' appoint Trus¬
tees for the same.
Which was read the first time.
The Senate took up, as the Special Order of the Day,
the Peport of the Committee of the Whole, on the Bill
to incorporate the Augusta, Atlanta, and Hashville Mag¬
netic Telegraph Company.
Which, on motion of Mr. Simmons, was laid on the
table for the present.
I* The Senate took up as the Peport of the Committee of
the Whole, the Bill to prescribe the mode for the collec¬
tion of rents, and to repeal certain laws now in force in
regard to the same.
The Peport was agreed to.
The Bill was read the third time, and on the question,
"Shall this Bill now pass?" the yeas and nays were re¬
quired to be recorded, and are—yeas 9, nays 28.
senate. 93
Those who voted in the affirmative, are Messrs.
Flournoy, Little, Moore,
Foster, MtiCune, Feed,
Hicks, McRae, Stroud.
Those who voted in the negative, are Messrs.
Beavers, Cone, Mosely,
Bethune, Crocker, Ross,
Bryan, Hav, Simmons,
Burks, Flewellen, Slaughter,
Butler, Hardeman, Walthour,
John L. Bird, Harman, "Watters,
Philip M. Byrd, Harris, Wellborn,
Calhoun, Knight, Wilcox,
Chappell, Lawson, Wolfe.
Coffee,
So the Bill was lost.
The following message was received from the House of
Representatives by Mr. Sturgis, their Clerk:
Mr. President :—The House of Representatives have
passed the following Bills, viz:
A Bill to be entitled an Act for the relief of Executors,
Administrators and Guardians, and to authorize the Courts
of Ordinary in this State to grant them letters dismissory,
in cases therein specified, and to point out the mode of
paying commissions to the same, and tor other purposes.
Also, a Bill to be entitled an Act to extend the charter
of the Bank of*the State of Georgia, and the Acts amenda¬
tory-thereof, and further to amend the same in relation to
the number of Directors.
Also, a Bill to be entitled an Act to appropriate money
for the purposes therein designated.
On motion of Mr. Day,
The Senate took up as the Report of the Committee of
the Whole, the Bill to incorporate the Augusta, Atlanta,
and Hashville Magnetic Telegraph Company.
And on reading the sixth section, as follows:
That at every election each share shall entitle its holder
to one vote; and absent stockholders may vote by agent
or proxies producing written authority from them. In case
of an equal number of votes on both sides, the election
shall be decided by lot.
Mr. Simmons moved to amend by striking out said sec¬
tion, and inserting in lieu thereof the following, to become
section 6th:
Be it enacted, That the contract entered into on the
91 JOURNAL OF THE
11th day of October, 1850, by William L. Mitchell, Chief
Engineer of the W estern and Atlantic Railroad, and D.
TV. Garst, and J. M. Bean, on the part of said Company,
be and the same is hereby ratified and affirmed; and that
at every election, each share shall entitle its holder to one
vote, and absent stockholders may vote by agent or proxy,
on producing written .authority so to do. And in case of
an equal number of votes on both sides, the election shall
be decided by lot, and the Chief Engineer of said Railroad,
or other officer having the chief control of said Road for
the time being, shall by himself or his proxy duly author¬
ized, cast the vote to which the State is entitled under
said contract.
Which was agreed to.
And on reading the tenth section, as follows:
That the said corporation shall be bound, upon the ap¬
plication of any of the officers of the. State, or of the Uni¬
ted States, acting in the event of any war, insurrection,
riot, or other civil commotion or resistance of public au¬
thority, or in the punishment or prevention of crime, or
the arrest of persons charged or suspected thereof, to give
to the communication of such officers immediate dispatch.
And if any officer, clerk, or operator, of the said corpora¬
tion,. shall refuse, or wilfully omit to transmit such com¬
munication, or shall designedly alter or falsify the same
for any purpose whatsoever, he shall be subject, upon con¬
viction thereof before any court of competent jurisdiction,
to be fined and imprisoned according to the discretion of
the court, and in proportion to the aggravation of the offence
for transmitting such communication. The said corpora¬
tion shall charge no higher price than shall usually he
charged by it for private communications of the same
length.
Mr. McOune moved to amend the same by adding the
following to the section ;
" And the said corporation shall be bound in like man¬
ner, at all times, upon the application of any other person
not an officer of the State or the United States, to give like
immediate dispatch to each and every communication;
and should any officer, clerk, or operator, of the said cor¬
poration, wilfully omit to transmit such communications,
or shall alter or falsify the sume, he shall be deemed guilty,
and punished in like manner as is provided in the forego¬
ing part of this section, relative to the communications of
public officers."
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The following Message was received from his Excel¬
lency, the Governor, by Mr. Steele, his Secretary :
senate.
95
Me. President :—I am directed by the Governor, to
lay before the Senate a communication in writing, with
accompanying documents.
The Senate took up, as the Report of the Committee of
the Whole} the Bill to abolish capital punishment within
the State of Georgia.
On motion, the same was laid upon the table for the
present.
The Senate took up, as the Report of the Committee of
the Whole, the Bill amendatory of the Statute of Limita¬
tions.
Which, on motion of Mr. Harman, was laid on the table
for the present.
The following Bills of the House of Representatives
were taken up, read the second time, and referred to the
Committee of the Whole, to-wit:
A Bill appropriating money as a contingent fund for the
years 1852 and 1853, and for the payment of arrearages
chargeable to the contingent fund of 1851.
A Bill to appropriate money to repair and furnish the
Executive Mansion, and to build houses for servants.
On motion of Mr. Moore, the following message from
His Excellency the Governor, was taken up and read:
Executive Department, Ga., )
Milledgeville, November 18th, 1851. j
By a Resolution of the last General Assembly, my pre¬
decessor was requested to appoint three suitable persons
as a Committee, to inquire into the state of education in
Georgia, to report to the next Legislature on the operation
of the present Poor School laws, to recommend any altera¬
tion in the same that may to them seem advisable, or to
suggest a plan for general education, if considered by
them expedient, accompanied by a suitable Bill for carry¬
ing out the same. As he informed you in his message, at
the commencement of the present session, the Rev. George
E. Pierce, Dr. Talmage, and Dr. L. B. Mercer, of Lee,
were appointed by him to discharge that important duty.
I have the pleasure of now transmitting to the General
Assembly the report made by these gentlemen. Appre¬
ciating the importance of placing immediately in your
possession the information and suggestions it contains, I
have not detained it for an examination of its recommen¬
dations.
The high character, however, of the gentlemen compos¬
ing the Committee, the evidences which they have given
to the public of their interest and zeal in the cause of
education, and the deep interest felt by our fellow citizens in
the important subject of their investigation, will commend
their report to your calm and favorable consideration. I
96 JOURNAL OF THE
feel that I cannot too urgently press upon your body the
importance of some decisive legislation upon this subject
during the present session—such legislation as the means
and character of our State justify and require.
By reference to the Resolution under which this Com¬
mittee was appoinied, it will be seen that it was contem¬
plated that their services, which they were called upon
under, " should be done without cost to the State, or cost
to the School Fund."
"Without inquiring into the reasons which may have in¬
duced this restriction by your predecessors, I would sug¬
gest to your body the propriety of providing a fair and
just compensation to the Committee for the time and ex¬
pense which they have devoted to the duty imposed upon
them.
It is no violation of the true principles of economy, for
a State to remunerate its citizens for their labors in the
promotion of its substantial interest.
HOWELL COBB.
On motion of Mr. Foster, the message, with the accom¬
panying documents, was referred to the Committee on
Public Education and Free Schools, and fifty copies of the
Report of Messrs. Pierce, Tallmage and Mercer, ordered
to-be printed for the use of the Senate.
Mr. Cone moved that fifty copies of the accompanying
Bill be also printed for the use of the Senate.
Which was lost.
Mr. Wellborn laid upon the table the following Resolu¬
tion, which was taken up, read and agreed to:
Resolved by the Senate and House of Representatives
of the State of Georgia in General Assembly met, and
%t is hereby resolved by the authority of the same, That
our Senators and Representatives in Congress be requested,
and earnestly solicited, to use their utmost influence in
procuring the establishment of a Weekly Mail route, to be
carried on a two horse stage coach, from Blairsville to
Cassville, via the Post-offices, now accommodated with the
horse mail from Blairsville to Cassville.
And be it f urther resolved, That his Excellency the
Governor be requested to furnish each of our Senators
and Representatives in Congress with a copy of this Reso¬
lution.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to amend the several acts heretofore
passed, incorporating and relating to 1he South-Western
Railroad Company, and to authorize said Company
to build and maintain a Railroad from the South-West¬
ern Railroad at Fort Valley, crossing the Flint River
to or near to a place called Wolf Pen, in the county of
SENATE.
07
— , and then to join the Railroad of the Muscogee
Railroad Company.
Mr. Anderson moved to fill the blank with the word
" Macon."
"Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill for the preservation and protection of
the rights of Married Women, and to provide the distri¬
bution of their estates.
Which, on motion of Mr. Hardeman, was made the
special Order of the Day for Monday, the 1st day of Dec.
The following Bills were taken up, read the second time,
and referred to the Committee on Corporations :
A Bill to incorporate the Baptist Church in the town of
Marietta, in the county of Cobb, and appoint Trustees for
the same.
Also, a Bill to incorporate Pisgali Baptist Church, in
the county of Floyd, and to appoint Trustees for the same.
Also, a Bill to amend an Act entitled an Act to incor¬
porate 'the Savannah Female Asylum Society, in the city
of Savannah.
Also, a Bill to incorporate the Ogeechee Plank Road
Company, and for other purposes therein named.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole, tp-wit:
A Bill to repeal so much of an Act entitled an Act to
change the names and legitimatize the persons therein
named, and for other purposes, approved February 16th,
1850, so far as relates to the change of the name of Wm.
Hadaway.
A Bill to authorize the Court of Ordinary of TJpson
county to grant letters of administration on the undivided
estate of Allen McWalker, deceased, late of Upson
county, and oii certain conditions.
A Bill to protect common Carriers.
A Bill to alter and change the name of Andrew Jack¬
son, of the county of Telfair^ to that of Andrew Jackson
Passmore, his reputed father.
A Bill to fix the price of grants for lands in the Tenth
and Eleventh Districts of Ware county, sold under an Act
passed the eleventh day of February, 1850.
A Bill to add lot of land Ho. sixty-two (62) in the
Seventh District of, originally Baldwin, now Twiggs county
to the county of Bibb.
The following Bills of the House of Representatives
were taken up and read the first time.
A Bill for the relief of Executors, Administrators,
Guardians, &c.
7
98
JOURNAL OF THE
Also, a Bill -to appropriate money for tlie purposes
therein designated.
Also, a Bill to extend the charter of the Bank of the
State of Georgia, and the Acts amendatory thereof, and
further to amend the Same in relation to the number of
Directors.
On motion the Senate adjourned until 10 o'clock to¬
morrow morning.
THURSDAY, November 20,1851.
The Senate met pursuant to adjournment.
Mr. Calhoun, from the Committee on Petitions, made
the following report:
The Committee on Petitions have had before them the
petition of sundry citizens of Lumpkin county, for the
formation of a new county out of parts of Lumpkin and
Porsyth counties, and also counter petitions ; and from a
satisfactory investigation of the same, report unfavorably to
the prayer of the petitioners.
Mr. Lawson reported a Bill to divorce Henrietta Al-
dridge from Joseph Aldridge, her husband.
Which was read the first time.
Mr. Dickinson reported a Bill to prohibit owners, over¬
seers or employers of slaves in this State from permitting
said slaves to do unnecessary work on the Sabbath.
Which was read the first time.
Mr. Wellborn reported a Bill to compensate the grand
and petit Jurors of the county of Union.
Which was read the first time.
Mr. Wright laid upon the table the following Resolution,
which was taken up, read and agreed to: .
Resolved, That his Excellency the Governor be request¬
ed to furnish the Senate with a statement of the popular
vote given on the first Monday in November last in this
State, in relation to the election of Judges of the Superior
Court by the people.
Mr. McCune asked for leave of absence for Mr. Harris
for a few days, on important business.
Which was granted.
Mr. Simmons asked and obtained leave of absence for
a few days for Mr. Hardeman.
Mr. Flournoy asked and obtained leave of absence for
Mr. Flewellen for a few days after two o'clock on to¬
morrow.
Mr. Simmons, from the Committee on Enrollment re¬
ports as duly enrolled and signed by the Speaker of'the
SENATE.
99
House of Representatives, and ready for the signature of
the President of the Senate, an Act to amend an Act to
incorporate the Savannah and Albany Railroad Company,
with power to extend the said Road, and to construct
branches and for other other purposes, approved Decem¬
ber 25th, 1847, so as .to extend the time for the commence¬
ment and completion of said Road, and the continuance
of said charter.
The following Message was received i from his Excel¬
lency the Governor by Mr. Payne his Secretary
Mr. President :—I am directed by the Governor to de¬
liver to the Senate a communication in writing, with
accompanying documents.
Mr. Moore, Chairman of the Select Committee on new
counties, made the following report:
Mr. President :—The Select Committee, to whom was
referred four petitions from sundry citizens of Walker and
Murray counties, praying the formation of a new county
from parts of said counties, have had the same under con-'
sideration, and have directed me to report them back to
the Senate without the expression of any opinion by the
Committee for or against petitioners' request. But that
petitioners may be heard before the whole Senate, the
Committee have directed me to report a Bill to be en¬
titled an Act to lay out and form a new county from the
counties of Walker and Murray, and to provide for the
organization of the same.
Which was read the first time.
The Senate took up, as^the Report of the Committee of
the Whole, the Bill to incorporate the town of Marietta, in
the county of Cobb, and also to enlarge the boundary,of
said town, and incorporate the same under the name of the
city of Marietta, and to provide for the election of a Mayor
and City Councilmen, and such other officers as may be re¬
quired, and confer upon them specified powers, and for
other purposes; and, on reading the first section as fol¬
lows :—Be it enacted, That from and after the passage of
of this Act, the town of Marietta shall be known and
called the city of Marietta, and the authority and juris¬
prudence of said city shall extend half a mile from the
Court House in every direction.
Mr. Slaughter moved to amend by striking out the
words " half a mile," and inserting in lien thereof the
words " three quarters of a mile."
Which was agreed to.
And on reading the fifth section as follows: That the
'Mayor and Members of the Council, as before mentioned,
shall be known as the Mayor and Council of the city of
Marietta, and by such their corporate name shall sue and
be sued, plead and be impleaded, and do all other acts re-
100
JOURNAL OF THE
lating to tlieir corporate capacity, and shall have and use
a common seal, and shall be capable in law to purchase,
hold, receive, enjoy, possess and retain to them and their
successors for the use and benefit of the said city of Mari¬
etta, in perpetuity, or for any term of years, any estate or
estates, real or personal lands, tenements, hereditaments,
of what kind or nature soever, within the limits of said
city, and to sell, alien, exchange or release the same, or
any part thereof, or convey the same or any part thereof,
in any way whatsoever; and the said Mayor and Council
shall have full power and authority to pass all by-laws and
ordinances respecting streets of said city, to open, improve
or lay out the same respecting public buildings, work¬
houses, market houses, public houses, houses of ill fame,
carriages, wagons, carts, drays, pumps, wells, springs, fire
engines, care of the poor, suppression of disorderl j houses,
regulation of negroes and free persons of color, and every
other by-law regulation or ordinance that shall appear to
them necessary and proper for the security, welfare and
interests of the said city, or for preserving the peace,
health, morals, order and good government of the same.
Mr. Moore moved to amend by adding the words " not
contrary to the constitution or laws of the State."
Which was agreed to.
And on reading the ninth section as follows, That the
Mayor and four members of Council shall form a quorum
to transact all business, and the Mayor, President pro
tempore, shall have the casting vote, and a majority of the
votes shall determine all questions and elections before
the Council; and the Mayor and each member of the
Council shall be to all intents and purposes a Justice of
the Peace, so far as to enable them or any of them to issue
warrants for offences committed within the corporate limits
of said city, which warrants shall be executed by the
Marshal or Deputy Marshal, and to commit to the Jail of
the county of Cobb, or to admit to bail offenders for their
appearance before the next Superior Court thereafter for
the county of Cobb; or in case the offender or offenders
are slaves or free persons of color, then and in that case
they shall be committed to the Jail of Cobb county, or
bound over for their appearance at the next Superior Court
of said county, to await his or their trial; and it shall be
the duty of the Jailor of said county to receive all such
persons so committed, and safely keep the same until dis¬
charged by due course of law.
The Select Committee on Corporations proposed to
amend by adding: the words " and in cases where persons
so committed to Jail are or shall be unable to pay the Jail
fees, the said corporation shall be liable for the payment
of the same." Which was agreed to.
SENATE.
101
And on reading the 12th section as follows : Be it fur¬
ther enacted, That the said Mayor and Council of the city
of Marietta shall have power and authority to call out
each and every male person within the jurisdiction of said
corporation subject to road duty, who shall be compelled
to do road and street duty according to the laws now in
force in this State, or the said Mayor and Counbil shall
have power to levy and collect a tax for that purpose.
The Select Committee on Corporations proposed to
amend by adding the following words, " of having the
roads and streets kept in good order, which shall be a com¬
mutation for road duty."
Which was agreed to.
And on reading the 14th sections as follows : Be it fur¬
ther enacted, That in all cases where any persons, citizens
of said city, or who "have property subject to taxation
within the corporate limits of the same, shall fail, refuse or
neglect to pay the taxes imposed according to this Act, the
Clerk of the City Council shall issue execution for the
same, which execution shall be signed by said Clerk, and
bear test in the name of the Mayor, and be directed to
the Marshall of said city, commanding him to levy on the
goods, chattels, lands and tenements of the defendants, or
so much thereof as shall be sufficient to satisfy the demand
and cost, which execution shall bind all the property of
the defendant from the date thereof, and the cost thereof
shall be the same as on tax collector's execution by the
laws of this State; and the said Marshal shall proceed to
advertise and sell in such manner as the laws or ordinances
of said city shall or may direct, provided that in case any
such execution shall be returned by said Marshal, " no
property found," then and in that case a capias ad satis¬
faciendum against the body of the defendant or defen¬
dants may issue, from which he shall not be discharged
except by virtue 6f the laws of this State, made for the
relief of honest debtors ; and should any such defendant
or defendants fail to give security for his or their appear¬
ance before the Superior or Inferior Courts of Cobb county
to take the benefit of said Act,' then and in that case he,
she or they shall be committed to the common jail of the
county of Cobb, there to remain until discharged by due
course of law.
Mr. Bethune moved to amend by striking out the words
" citizens of said city, or who."
Which was agreed to.
The Committee on Corporations proposed to amend by
striking out the proviso.
Which was agreed ta.
And on reading the 15th section, as follows :
And be it further enacted by the authority aforesaid
102 JOURNAL OF THE
That the Mayor, and in his absence any three members of
the City Council, shall have full power and authority to
impose such fines not exceeding fifty dollars for the viola¬
tion of any or all of the by-laws and ordinances of said
city, within the corporate limits of the same.
Mr. McCune moved to strike out the whole section.
"Which was lost.
And on reading the seventeenth section, as follows:
And be it further enacted, That the Mayor of said city
shall receive for his services the sum of dollars" per
year, and that each member of the City Council shall re¬
ceive a salary of twenty dollars a year; and all the sala¬
ries to be paid to the officers of said corporation, together
with all expenditures made for the use of the city, shall be
paid out of the city funds in the hands of the City Trea¬
surer, who shall keep a book in which he shall make an
entry of all sums of money received, and who from, and
upon what account it was received, and shall also make
an entry of all sums of money paid out, and for what pur¬
pose, and shall take receipts for all sums of money paid
out, which books and receipts shall be subject to the in¬
spection of the Mayor and members of Council of said city,
at any time which he or the}^ may think proper ; and all
sums of money paid into the hands of the City Treasurer
by this Act, shall and it is hereby directed to be a fund
for the exclusive use of said city.
Mr. Slaughter moved to fill the blank by inserting the
following words : " such sum per annum for his services
as may be fixed by the City Council."
Which was agreed to.
The Committee on Corporations proposed to strike out
the whole section.
Which was lost.
And on reading the eighteenth section, as follows :
And be it enacted, That the said Mayor and City Coun¬
cil shall have power to license persons to retail, and sell by
retail, spirituous liquors within said city, and that no per¬
son 01* persons shall sell by retail any spirituous liquors
within the said incorporation, without first obtaining such
license, tor which he or they shall pay a sum not less than
fifty dollars, which tax shall be paid into the City Trea¬
sury, and appropriated to the use of said city of Marietta.
Mr. Foster moved to strike out the whole section.
Which was lost.
Mr. Foster then moved to recommit the section.
Which was lost.
And on reading the twentieth section, as follows :
Be it further enacted, That said Mayor and City Coun¬
cil shall have power and authority to license a vendue
master or vendue masters for said city, such vendue mas-
SENATE.
103
ter or masters first paying to the Mayor and City Council,
in the manner prescribed by the laws of this State regula-.
ting vendues, the sum of fifty dollars each for said license,
and giving bond and security to the Mayor and City Coun¬
cil ; and if any person or persons shall sell any goods,
wares, merchandize, or any other property whatever, as a
vendue master, or at auction, or at public outcry within
said city, without having first obtained a license from the
Mayor and City Council, he or they shall forfeit and pay
for every such sale the sum of five hundred dollars, to be
recovered in any court of competent jurisdiction, and to
be applied one-half to the use of said city, and the other
half to the person giving the information and sueing for
the same ; jProvided, always, That nothing in this section
shall be construed to extend to any sales made by lawful
officers under executions issuing from the proper authori¬
ties, or to sales made by or under the authority of Execu¬
tors, Administrators, or Guardians, or to prohibit resident
citizens of said city from vending at auction their own pro¬
perty therein.
The Committee on Corporations moved to amend by in¬
serting the words " not exceeding" before the words " fifty
dollars" and " five hundred dollars."
Which was agreed to.
The Committee on Corporations moved to amend by ad¬
ding the following additional section :
And be it further enacted, That nothing in this Act
shall be so construed as to authorize the authorities of| the
said city to assess or require a tax upon any portion of the
property belonging to the Western and Atlantic Railroad,
which is or may be within the limits of said city.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
On motion of Mr. Byrd, the following message from
His Excellency the Governor was taken up and read :
Executive Department, )
■ Milledgeville, Nov. 19th, 1851, j
In answer to a Resolution of the Senate of November
the 6th, 1851, enquiring into the amount allowed Joseph
Sturgis, Esq., agent for the State in prosecuting certain
claims against the General Government, I herewith trans¬
mit to the Senate copies of communications made to this
Department, from ,the Central Bank and the Treasurer's
office.
Also, an Executive order of my predecessor, showing
th£ contract made with Mr. Sturgis for the prosecution of
these claims.
By reference to these papers, it will be seen that by the
104 JOURNAL OF THE
original contract, Mr. Sturgis was to bo furnished with an
outfit of five hundred dollars, and to be allowed the sum
of ten per centum upon such amount as he should succeed
in collecting.
The communications of the Treasurer and Cashier of the
Central Bank will show both the amount collected and the
compensation allowed under the contract, and in compli¬
ance with it.
There is no evidence in this office that the outfit of five
hundred dollars has ever been paid to Mr. Sturgis:
There is an unsettled account on file in his favor for five
hundred and eighty-two dollars and thirty-seven and a halt
cents, which includes the five hundreu dollars allowed
to him by the contract as an outfit.
The remaining eighty-two dollars and thirty-seven and
a half cents, is a claim for reimbursement of certain ex¬
penses incurred by him in the collection of evidence,
which is set forth in his Report of the 31st of October,
1851, accompanying the message of my predecessor at the
commencement of the present session.
HOWELL COBB.
On motion, the message and accompanying documents
were referred to the Committee on Finance.
The Senate took up, as the Report of the Committee of
Whole, the Bill to repeal so much of an Act entitled an
Act to change the name and legitimatize the persons there¬
in named, and for other purposes, approved February 16th,
1850, so far as relates to the change of the name of Wm.
Hadaway.
The Report was ageed to.
The Bill was read a third time and passed.
The Senate took up, as the Report o± the Committee of
the Whole, the Bill to incorporate the town of DeSoto, in
the county of Floyd.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to change the name of Andrew Jack¬
son, of the county of Telfair, to that of Andrew Jackson
Passmore, his reputed father.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to protect common Carriers.
Which, on motion of Mr. McCune, was referred to the
Committee on the Judiciary.
The Senate took up as the Report of the Committee of
the Whole, the Bill to amend the Acts incorporating and
granting corporate powers to the town of Bainbridge in
the county of Recatur. 6 '
SENATE.
105
And on reading the second section as follows: Be it
further enacted, That said Marshal, by virtue of his ap¬
pointment of Marshal, shall be Receiver and Tax Collec¬
tor of said town. Said Marshal shall attend one day during
the month of March at the Court House in said town, five
days notice of which, be given by advertisement in two of
the most public places in said town, for the purpose of re¬
ceiving the returns of taxable property and stock in trade
in said town, and shall make two digests thereof, one to be
delivered to said Commissioners, and the other to be re¬
tained by himself; and said Marshal during the month of
April, ensuing, shall proceed to collect said tax on a day
to be appointed, and advertised as aforesaid; and when
said tax is collected, said Marshal shall pay over the same
to the Town Treasurer.
Mr. Bethune moved to strike out the whole section.
"Which was agreed to.
And on reading the fourth section as follows: Be it
further enacted, That the Marshal of said town shall have
full power and authority to arrest and bring before said
Commissioners, all and any persons who shall behave dis¬
orderly, either by fighting, quarrelling, drunkenness, crea¬
ting disturbances, or any other disorderly conduct; and
shall be authorised to call to his assistance all by-standers,
under a penalty of five dollars, to be dealt with by the said
Commissioners as the nature of the case shall demand.
The Select Committee on Corporations proposed to
amend, by striking out all after the words " disorderly con¬
duct," and insert in lieu thereof, the following words, " and
if necessary, may call to his assistance any male citizen of
said town, who on their refusal to render such assistance,
shall be subject to a fine of five dollars, to be adjudged by
the Commissioners."
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the following Bills from the House of Repre¬
sentatives, to wit:
A Bill to compensate Grand and Petit Jurors of the
county of Franklin.
The Report was agreed to.
The Bill was read the third time and passed.
Also, a Bill to exempt ordained or licensed Preachers of
the Gospel from working on public roads in this State.
The Report was agreed to.
The Bill was read the third time and passed.
106 JOURNAL OF THE
Also, a Bill to incorporate the " Union Steam Boat Com¬
pany of Georgia and South Carolina."
The Report was agreed to.
The Bill was read the third time and passed.
Also, a Bill to repeal so much of an Act entitled an
Act, to consolidate the offices of Tax Collector and Re¬
ceiver 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 the 9th of December, 1839, so
far as respects Chattooga county, and to provide for the
election in future of one Tax Collector and one Tax Re¬
ceiver, separately, in said county of Chattooga, as provided
for by the general laws of this State in such cases.
The Report was agreed to.
The Bill was read the third time and passed.
Also, a Bill appropriating money as a Contingent Fund
for the years 1852 and 1853, and for the payment of ar¬
rearages chargable to the Contingent Fund of 1851.
The Report was agreed to.
The Bill was read the third time and passed.
The following Bills were taken up, read the second time
and referred to the Committee of the Whole, to wit:
A Bill to alter and change the line between the counties
of Paulding and Floyd, so as to include the residence of
D. H. Hampton in the county of Floyd.
A Bill to chahge, alter, and fix the time of holding the
Inferior Court of the county of Early.
A Bill to give the election of Marshal and Deputy Mar¬
shal of the City of Atlanta, to the people; to authorise
their removal from office in certain cases therein named,
and in those cases to make them ineligible to re-election.
A Bill to authorise Simon H. Saunders, of Butts county,
to use the water-power on the shoals at the Indian Spring,
reserved for certain purposes and under certain restric¬
tions. ■
A Bill amendatory of an Act, assented to 22nd Decem¬
ber, 1831, to alter the laws relating to County Acad amies,
so far as relates to the county of Baldwin.
A Bill to alter and fix. the times for holding the Superior
Courts in and for the counties of Irwin and Telfair.
A Bill to authorise Grants to issue for Fractions which
were paid for by persons not holding the certificates for
the same.
The 'following Bills of the House of Representatives
were taken up, read the second time, and referred to the
Committee of the Whole, to wit:
A Bill for the relief of Executors, Administrators and
Guardians, &c.
Also, a Bill to extend the Charter of the Bank of the
senate. 107
State of Georgia, and the Acts amendatory thereof, and
further to amend the same in relation to the number of
Directors.
Also, a Bill to appropriate money, for the purposes
therein designated.
The Bill to incorporate the Barnesville Male and Female
High School, and to appoint Trustees for the same.
Was taken up, read the second time, and referred to the
Committee on Corporations.
On motion, the Senate adjourned until 10 o'clock, to¬
morrow morning.
Friday, Hoy. 21,1851.
The Senate met pursuant to adjournment.
Mr. Foster asked for leave of absence for Mr. Hicks
after to-day, for a few days on special business.
Which was granted.
Mr. Cone asked for leave of absence for a few days for
Mr. Spalding on special business.
Which was granted.
Mr. Calhoun reported a Bill to compensate the owners
of unenclosed grounds through which any of the Inferior
Courts of this State may grant new roads.
Which was read the-first time.
Also, a Bill to incorporate a Bank in the city of Atlanta,
to be called the Atlanta Bank.
Which was read the first time.
Mj. Stroud reported a Bill to alter and change the
county line between the counties of Clarke and Madison,
so as to include the land and residence of Obadiah Thomp¬
son, of the county of Madison, in the county of Clarke.,
Which was read the first time.
Mr. Beavers reported a Bill to incorporate the Sweet¬
water Manufacturing Company.
Which was read the first time.
Mr. Mosely reported a Bill more effectually to prevent
frauds in elections in this State, and to detect the same.
Which was read the first time.
Also, a Bill to amend an Act entitled an Act, to define
the liabilities of the several Railroad Companies of this
State, for injuries done to live stock or other property by
the running of cars or locomotives, and to regulate the
mode of proceeding in such cases and define their liabili¬
ties, &c., approved December 30th, 1847.
' Which was read the first time.
Mr. Moore reported a Bill to authorise the consolidation
108 jottenaxi of the
of the stocks of the Georgia Eailroad and Banking Com¬
pany, and of the Washington Eailroad or Plank Company,
incorporated the fifth of February, 1850, and for other
purposes.
Which was read the first time.
Mr. Slaughter presented the petition of Philip Groover
and others, citizens of Cobb county, praying the incorpor¬
ation of a Camp Ground in said county, known as the
"Marietta Camp Ground."
Which, on motion, was referred to the Committee on
Petitions without being read.
Mr. Wellborn laid upon the table the following Eesolu-
tion:
Whereas, The proper and efficient enforcement of the
criminal laws of this State requires that suitable provisions
be made for the compensation of Magistrates and Consta¬
bles who may officiate in Courts of Inquiry for the com¬
mittal of parties charged with crime, and as the attend¬
ance of witnesses on the part of the State on such trials;
and also, at the Superior Courts is equally important, and
as the present practice frequently requires witnesses to at¬
tend for several Courts at great expense and loss of time
without any prospect of compensation; and as it is con¬
templated by the existing laws on that subject, that these
charges should be paid out of such money as may be
raised by fines and forfeitures in criminal cases, but is
•seldom done under the present practice:
Therefore, be it Resolved, That the Committee on the
Judiciary be instructed to inquire into the propriety of pro¬
viding by law for the setting apart of fifty per centum of
the money raised by fines and forfeitures in criminal cases,
to be applied under the direction of the Court to the^ases
above mentioned, or some other mode of avoiding the evil
as it now exists, and that they report by Bill or otherwise.
The following message was received from the House of
Eepresentatives, by Mr. Sturgis, their Clerk:
Mr. President:—The House of Eepresentatives has
passed the following Bills of the Senate:
A Bill to be entitled an Act, to authorize the Board of
Physicians of this State to hold their annual meetings in
Milledgeville, or any other place they may appoint within
this State. •
A Bill entitled an Act, to repeal so much of an Act,
assented to the 19th day of December, 1840, consolidating
the offices of Tax Collector and Eeceiver of Tax Eeturns
of the counties of Montgomery, Macon and Clarke so far
as relates to the county of Macon. '
Mr. Flewellen laid upon the table the following Eesolu-
tion, which was taken up, read, and agreed to: °
Resolved by the Senate and House of Representatives
senate. 109
That the Committees of the two Houses upon Public Ed¬
ucation and Free Schools, do co-operate together as a Joint
Committee. 6
On motion, the Secretary was directed to carry the same
forthwith to the House of Representatives.
The following message was received from His Excellency
the Governor, by Mr. Paine, his Secretary:
Which, on motion of Mr. Cone, was taken up and read
as follows:
Executive Department, Ga., )
Jllilledgeville, November 21st, 1851. f
In answer to the Resolution of the Senate of the 20th
instant, requesting to be furnished " with a statement of
the popular vote given on the first Monday in October
last, in this State, in relation to the election of Judges of
the Superior Court by the people.
I herewith transmit a Tabular Statement, showing the
vote polled in each county in the State on that question,
so far as the returns have been made to this office.
HOWELL COBB.
Mr. Harman reported a Bill to authorise Justices of the
Peace on any State case to recognise witnesses for their
appearance at court at any time, as well as at the time of
the trial for commitment.
Which was read the first time.
Also, a Bill to amend an Act, entitled an Act, to re¬
gulate the mode of portioning lands and tenements in cer¬
tain cases in the State of Georgia, passed 26th December,
1837.
Which was read the first time.
Mr. McCune reported a Bill for the relief of Sarah G.
Foster, of Butts county, and to grant her certain privileges.
Which was read the first time.
The Senate took up as the Report of the Committee of
the Whole, the Bill of the House of Representatives to
appropriate money for the purposes therein designated.
Mr. Moore moved to amend, by adding the following, as
an additional section :
Be it further enacted, That the sum of four thousand
dollars be, and is hereby appropriated, as a part of the
Printing Fund for the year 1852; and the Treasurer be,
and he is hereby authorised, to pay the same to Samuel J.
Ray, the State Printer, upon the warrant of His Excellency
the Governor.
Which was agreed to.
The report as amended, was agreed to.
The Bill was read the third time and passed.
And on motion of Mr. McCune, the Secretary was di-
110 JOURNAL OR THE
rected to return the same forthwith to the House of Hep-
resentatives.
The Senate took up as the Report of the Committee of
the Whole, the Bill of the House of Representatives to ex¬
tend the Charter of the Bank of the State of Georgia, and
the Acts amendatory thereof; and further, to amend the
same in relation to the number of Directors.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill of the House of Representatives to
appropriate money to repair and furnish the Executive
Mansion and to build a house for servants.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to give the election of Marshal and
Deputy Marshal of the City of Atlanta to the people, to
authorise their removal from office in certain cases therein
named; and in those cases to make them ineligible to re¬
election.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill amendatory of an Act, assented to
22nd December, 1831, to alter the Laws relating to County
Acadamies, so far as relates to the county of Baldwin.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to change, alter, and fix the time of
holding the Inferior Court of the county of Early.
Mr. Cone moved to amend, by adding the following ad¬
ditional Section:
Be it further enacted, That the Fall Term of the Supe¬
rior Court of Bulloch county be held on Tuesday after the
3rd Monday in October.
Which was agreed to.
The Report as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to alter and fix the times for holding
the Superior Courts in and for the counties of Irwin and
Telfair.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to authorise Simon H. Saunders of
Butts county, to use the water-power on the shoal at the
SENATE. Ill
Indian Springs, reserved for certain purposes and under
certain restrictions.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took np, as the Report of the Co mmittee of
the Whole, the Bill to fix the price of Grants for Lands in
the tenth and eleventh Districts of Ware county, sold un¬
der an Act passed the 11th day of February, 1850.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as .the Report of the Committee of
the Whole, the Bill to authorise Grants to issue for Frac¬
tions, which were paid for by persons not holding the cer¬
tificates for the same.
Mr. Moore moved to amend, by adding the. following
as an additional section :
And be it further enacted by the authority aforesaid,
That His Excellency the Governor, be and he* is hereby
authorised, to draw his warrant on the Treasury in favor
of purchasers of fractional lots of land, under the Act of
the General Assembly, passed in the year 1847, lying in
the territory of this State, .disposed of by the Lottery Act
of 1825, for the amount of purchase money and grant fees
in each case bona fide, paid by said purchasers into the
Treasury, where said purchasers have been or may here¬
after be ousted from said land so purchased, under the
. Act aforesaid, on account of any defect in the title derived
from the State.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time, and passed.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole :
A Bill to compensate the Grand and Petit Jurors of the
county of Union.
Also, a Bill to divorce Henrietta Aldridge from Joseph
Aldridge, her husband.
Also, a Bill to lay out and form a new county, from the
counties of Walker and Murray, and to provide for the
organization of the same.
The Bill to prohibit owners, overseers, or employers of
slaves in this State from permitting said slaves to do unne¬
cessary work on the Sabbath, was taken up, read the sec¬
ond time, and on motion of Mr. Dickinson, referred to the
Committee on the Judiciary.
Mr. Mosely asked and obtained leave of absence for
Mr. Harman, for a few days, on business.
On motion of Mr. Anderson, the Senate adjourned until
10 o'clock, to-morrow morning.
112
journal of the
SATURDAY, November 22d, 1851.
The Senate met pursuant to adjournment.
Mr. Walthour reported a Bill relative to the carrying
of fire arms by slaves.
Which was read the first time.
Mr. McCune reported a Bill to incorporate the Griffin
Synodical College, and to grant Jo such incorporation cer¬
tain rights, immunities and privileges.
Which was read the first time.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk :
Mr. President : The House of Representatives have
concurred with the Senate in their amendment to the Bill
of the House, appropriating money for certain purposes
therein designated.
The House of Representatives have passed the follow¬
ing Bill of the Senate, viz.:
A Bill to lay off and create two new Judicial Circuits;
one to be called the Blue Ridge Circuit, to be composed of
the counties of Campbell, Cobb, Cherokee, Forsyth, Lump¬
kin, Union and Gilmer, and to be added to the Fourth Su¬
preme Court Judicial District. And the other to be called
the Macon Circuit, to be composed of the counties of
of Bibb, Houston, Twiggs, Dooly, Macon and Crawford;
and to add the same to the Third Supreme Court Judicial
District, with an amendment, to which they ask the con¬
currence of the Senate.
Mr. Walthour presented the memorial of the Planters'
Bank and Bank of the State of Georgia, praying the pas¬
sage of a law appropriating money for the payment of
claims which they hold against the State of Georgia as
Stockholders in the Bank of Darien.
Which, on motion of Mr. Walthour, was referred to the
Committee on Banks without being read.
Mr. Harman, from the Select Committee on Incorpora¬
tions, made the following Report:
Mr. President :—I am directed by the Select Commit¬
tee on Incorporations to report the following Bills without
amendment, and ask for them a favorable consideration to-
wit:
A Bill to incorporate the Ogeephee Plank Road Com¬
pany, and for other purposes therein named.
A Bill to amend an Act entitled an Act to incorporate
the Savannah Female Asylum Society in the city of Sa¬
vannah; and
A Bill to be entitled an Act to incorporate the Barnes-
SENATE.
113
ville Male "and Female Higli School, and appoint Trustees
for the same.
On motion of Mr. Wellborn, the Senate took up the
message from the House of Representatives, in relation to
the amendment of the House to the Bill of the Senate,
creating and laying off two new Judicial Circuits; one to
be called the " Blue Ridge Circuit," to be composed of
the counties of Campbell, Cobb, Cherokee, Forsyth, Lump¬
kin, Union and Gilmer, which was " to add the counties
of Paulding and Carroll t^the Blue Ridge Circuit."
Mr. Cone moved to disagree to the amendment, so far
<as Carroll is concerned.
Which was lost.
Mr. Calhoun moved to concur in the amendment so far
as Paulding is concerned.
Which was agreed to.
On motion of Mr. McCune, the Secretary was directed to
inform the House of Representatives forthwith of the same.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate :
An Act entitled an Act to appropriate money for the
purposes therein designated.
Also, an Act entitled an Act to compensate Grand and
Petit Jurors of Franklin county.
Also, an Act entitled an Act appropriating money as a
contingent fund for the political years 1852 and 1853, and
for the payment of arrearages chargeable to the contingent
fund of 1851.
Also, an Act to be entitled an Act to exempt ordained
or licensed Preachers of the Gospel from working on pub¬
lic roads in this State.
Also, an Act entitled an Act to incorporate the Union
Steam Boat Company of Georgia and South Carolina.
On motion of Mr. Simmons, Mr. McCune was added to
the Committee on Enrollment.
The Senate took up as the Report of the Committee of
the Whole, the Bill to compensate the Grand and Petit
Jurors of the county of Union.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to divorce Henrietta Aldridge from
Joseph Aldridge, her husband.
Which, on motion of Mr. Simmons, was indefinitely
postponed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to incorporate the Ogeechee Plank
Road Company, and for other purposes therein named.
_S_
JOURNAL OF THE
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the "Whole, the Bill to incorporate the Savannah Female
Asylum Society, in the city of Savannah.
The Report wTas agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to incorporate the Barnesville Male
and Female High School, and to* appoint Trustees for the
same.
The Report was agreed to.
The Bill was read the third time and passed.
Mr. Calhoun laid upon the table the following Resolu¬
tion :
jResolved by the Senate and House of Representatives,
That both branches of the General Assembly convene in
the Representative Hall on Tuesday next, at 12 o'clock, to
proceed to an election for a Judge of the Superior Court
for the Macon Circuit for the term of four years, a Judge
of the Superior Court of the Blue Ridge Circuit for the
term of four years; a J$dge of the Superior Court for the
Coweta Circuit for the term of four years, after the expir¬
ation of the term of service of the present incumbent; a
Judge of the Superior Court of the South Western Circuit
for the term of four years, after the expiration of the term
of service of the present incumbent; a Solicitor General
for the Macon Circuit; and a Solicitor General for the Blue
Ridge Circuit.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole :
A Bill to compensate the owners of unenclosed grounds
through which any of the Inferior Courts of this State
may grant new roads.
Also, a Bill to alter and change the county line between
the counties of Clark and Madison, so as to include the
land and residence of Obadiah Thompson, of the county
of Madison, in the county of Clark.
Also, a Bill for the relief of Sarah G. Foster, of Butts
county, and to grant her certain privileges.
Also, a Bill more effectually to prevent frauds in elec¬
tions in this State, and to detect the same.
A Bill to authorize the consolidation of the Stocks of
the Georgia Railroad and Banking Company, and the
Washington Railroad or Plank Company, incorporated
fifth of February, 1850, and for other purposes.
The following Bills'were read the second time and re¬
ferred to the Committee on the Judiciary, to-wit:
A Bill to amend an Act entitled an Act to define the
liabilities of the several Railroad Companies of this State
SENATE. 115
V
for injuries done to live stock or other property, by the
running of cars or locomotives, and to regulate the mode
of proceeding in such cases, and define their liabilities,
&c., approved December 30th, 1817.
A Bill to amend an Act entitled an Act to regulate
the mode of partitioning lands and tenements in certain
cases in the State of Georgia, passed December 26th,
1837.
A Bill to authorize Justices of the Peace, in any State case,
to recognise witnesses for their appearance at court at any
time as well as at the time of the trial for commitment.
The Bill to incorporate the Sweet "Water Manufacturing
Company was taken up, read the second time; and, on
motion, referred to the Committee on Corporations.
-The Bill to incorporate a Bank in the city of Atlanta, to
be called the Atlanta Bank, was taken up, read the second
time; and,
On motion of John L. Bird, was referred to the Com¬
mittee on Banks.
Mr. Simmons, from the Committee on Enrolment, re¬
ported as duly enrolled, and ready lor the signature of the
President of the Senate :
An Act to authorize the Board of Physicians of this
State to hold their annual meetings in Milledgville, or any
other place they may appoint within this State.
Also, an Act to repeal so much of an Act, assented
to the 19th day of December, 1810, consolidating the
offices of Tax Collector and Deceiver of Tax Returns of
the counties of Montgomery, Macon and Clark, so far as
relates to the county of Macon.
Mr. Harman reported a Bill to change the names of
Martha G. Nelson and Charles Y. Nelson to the names of
Martha G. Caldwell and Charles Y. Caldwell.
Which was read the first time.
Mr. Simmons from the Committee on Enrolment, re¬
ports as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate:
An Act entitled an Act to repeal so much of an
Act to consolidate the offices of Tax Collector and Re¬
ceiver of Tax Returns, so far as respects the counties of
Baldwin, Chattooga, Franklin, Gwinnett, Heard, TJpson,
Wilkes, Mcintosh, Thomas, Jefferson, Hancock, Cobb,
Dooly and Marion, passed the Ninth day of December,
1839', so far as respects Chattooga county, and to provide
for the election in future of one Tax Collector, and one
Tax Receiver, separately, in said county of Chattooga, as
provided for by the general laws of this State in such cases.
On motion, the Senate adjourned until Monday morn-
ino-. 10 nV.lork-
116
JOURNAL OF THE
♦
MONDAY, Nov. 21, 1851.
Tne Senate met pursuant to adjournment.
Mr. Simmons from the Committee on Enrollment, re¬
ported as duly enrolled and ready for the signature of the
President:
An Act to create and lay off two new Judicial Circuits,
one to be called the Blue RidgeXircuit, to be composed of
the counties of Campbell, Cobb, Cherokee, Forsyth, Lump¬
kin, Union, Paulding, Carroll and Gilmer, and to be added
to the Fourth Supreme Court Judicial District, and the
other to be called the Macon Circuit, to be composed of
the counties of Bibb, Houston, Twiggs, Dooly, Macon and
Crawford, and to add the same to the Third Supreme Court
Judicial District.
Mr. Day asked for leave of absence for to-day, for Mr.
Bethune, to enable him to attend the sitting of the Com¬
mittee on Fii\ance.
"Which was granted.
Mr. McCune asked for leave of absence for Mr. Burks
for a few days, after Thursday next, on important busi¬
ness.
Which was granted.
Mr. Foster reported a Bill in relation to Bonds, Bills,
Promisory Notes, and other instruments in writing, and
to the endorsement of the same.
Which was read the first time.
Mr. Reed reported a Bill to change the name of Eliza
Jarratt, of Harris county, to that of Eliza Hatchett.
Which was read the first time.
Mr. Tomlinson reported a Bill to change the name of
Martha R. Harvey to Martha R. Dixon.
Which was read the first time.
Mr. Cone reported a Bill to extend the time of taking
out Head Right Grants to the 25th day ot December,
eighteen hundred and sixty-two.
Which was read the first time.
Mr. Anderson reported a Bill to authorize the several
Railroad Companies of this State to establish through
rates for the transportation and conveyance of produce,
merchandize and passengers, over their respective roads
jointly.
Which was read the first time.
Mr. Wright reported the following Bills :
A Bill to allow William F. Crockett, a lame and infirm
man, a citizen of the county of Heard, to peddle in the
Fourth Congressional District free of tax.
Which was read the first time.
senate.
117
Also, a Bill for tlie relief Philip Wliisenhunt and Henry
W. Gibbs, of the county of Carroll.
Which was read the first time.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to compensate the owners of unenclos¬
ed ground, through which any of the Inferior Courts of
this State may grant new roads.
Which, on motion, was referred to a Select Committee,
consisting of Messrs. Calhoun, Foster and McOune.
The Senate took up as the Report of the Committee of
the Whole, the Bill to alter and change the county line
between the counties of Clarke and Madison, so as to in¬
clude the land and residence of Obadiah Thompson, of the
county Madison in the county of Clarke.
The Report was agreed to.
The Bill was read the third time and passed.
The Bill more effectually to prevent frauds in Elections
in this State, and to detect the same,
Was taken up, read the second time, and on motion of
Mr. Conelly, was referred to a Select Committee, consist¬
ing of Messrs. Conelly, Mosely and Lawson.
The following message was received from His Excel¬
lency the Governor, by Mr. Steele his Secretary :
Which, on motion of Mr. Anderson, was taken up and
read as follows:
Executive Department, Ga., )
Milledyeville, November 1851. j
I herewith transmit to the General Assembly a Report
of the Director of the Central Bank, showing his action
under an Act of the 22nd February, 1850, in reference to
the creditors of the Bank of Darien.
HOWELL COBB,
Which, together with the accompanying Documents, on
motion of Mr. Anderson, was referred to the Committee on
Finance.
On motion of Mr. Foster, the Senate took up as the Re¬
port of the Committee of the Whole, the Bill amendatory
of the Statute of Limitations.
And on motion of Mr. Foster, the Bill was made the
special Order for to-morrow.
Mr. Philip M. Byrd presented the petition of sundry
citizens of the counties of Habersham, Franklin, Hall and
Jackson, praying the organization of a new county.
Which, on his motion, was referred to the Committee on
Petitions without being read.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to authorize the consolidation of the
Stocks of the Georgia Railroad and Banking Company,
118 JOURNAL OR THE
and of the Washington Kail road or Plank Road Company,
incorporated the 5th February, 1850, and for other pur¬
poses.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill for the relief of Sarah G. Foster, of
Butts county, and to grant her certain privileges.
The Report was agreed to. . ,
The Bill was read the third time and passed.
The followings Bills were taken up, read the second time,
and referred to the Committee of the Whole :
A Bill relative to the carrying of fire arms by slaves.
Also, a Bill to change the names of Martha. G. Nelson
and Charles Y. Nelson, to the names of Martha G. Cald¬
well and Charles Y. Caldwell.
The Bill to incorporate the Griffin Synodical College,
and to grant to such incorporation certain rights, immuni¬
ties and privileges, *
Was taken up, read the second time, and referred to the
Committee oil Corporations.
The Senate took up, as the Report of the Committee of
the Whole, the Bill of the House, for the relief of Admin¬
istrators, Executors and Guardians, &c.
Which, on motion of Mr. Anderson, was referred to the
Committee on the Judiciary.
On motion the Senate adjourned till to-morrow morning,
10 o'clock.
TUESDAY, Nov. 25th, 1851.
The Senate met pursuant to adjournment.
Mr. P. M. Byrd asked for leave of absence for Mr. Mat¬
ters, on account of indisposition.
Which was granted.
Mr. Bethune asked for leave of absence for Mr. McRae,
for a few days on business.
Which was granted.
Mr. Anderson asked for leave of absence for a few days,
for Messrs. Crocker and Walthour, after 12 o'clock, Friday
next, on business.
Which was granted.
Mr. Flournoy asked for leave of absence for Mr. Foster,
for a few days, after Thursday next, on special business.
Which was granted.
senate.
119
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President : The House of Representatives has
passed the following Bills, to wit :
A Bill to limit the bringing Bills of Review to three
years from the date of the decree.
A Bill to compensate the Grand and Petit Jurors, of the
Superior and Inferior Courts of the county of Habersham,
and to provide for the payment of the same. ,
A Bill to alter and amend the first paragraph of the
seventh section of the first article of the Constitution of
this State.
A Bill to authorize and enable James Stewart, an alien
born resident, in the county of Pike, to purchase, hold and
convey, real estate within this State.
Mr. Calhoun reported the following Bills, to wit:
A Bill to incorporate the Atlanta Lodge, Number 59.
"Which was read the first time.
Also, a Bill to incorporate the Male Acadamy of At¬
lanta, and to appoint Trustees for the same.
Which was read the first time.
The following Message was received from his Excel¬
lency, the Governor, by Mr. Steele, his Secretary :
Mr. President :—His Excellency the Governor, has
approved and signed the following Acts, to wit:
An Act to authorize the Board of Physicians of this
State, to hold their annual meetings in Milledgeville or any
other place they may appoint within this State.
An Act to repeal so much of an Act, assented to the
17th day of December, 1840, consolidating the offices of
Tax Collector and Receiver of Tax Returns of the counties
of Montgomery, Macon and Cherokee, so far as relates to
the county of Macon.
An Act to create and lay off two new Judicial Circuits ;
one to be called the Blue Ridge Circuit, to be composed of
the counties of Campbell, Cobb, Cherokee, Eorsyth, Lump¬
kin, Union, Paulding, Carroll and Gilmer, and to be adu-
ed to the Fourth Supreme Court Judicial District. And
the other to be called the Macon Circuit, to be composed
of the counties of Bibb, Houston, Twiggs, Dooly, Macon
and Crawford ; and to add the same to the Third Supreme
Court Judicial District.
Which he has caused to be deposited in the office of the
Secretary of State.
On motion of Mr. Wellborn, the regular Order was sus¬
pended, and the following Resolution was taken up and
read:
Besolved, By the Senate and House of Representatives,
that both Branches of the General Assembly convene in
the Representative Hall on Tuesday next, at twelve o'clock,
120 JOURNAL OF THE
to proceed to an election for Judge of the Superior Courts
for the Macon Circuit, for the term of four years ; a Judge
of the Superior Court of the Blue Ridge Circuit, for the
term of four years; a Judge of the Superior Court of the
Coweta Circuit, for the term of four years after the expira¬
tion of the term of service of the present incumbent. A
Judge of the Superior Courts of the South-Western Cir¬
cuit, for the term of four years after the expiration of the
term of service of the present incumbent; a Solicitor Gen¬
eral for the Macon Circuit, and a Solicitor General for the
Blue Ridge Circuit.
Mr. Calhoun moved to amend by striking out " Tues¬
day" and insert "Wednesday."
Which was agreed to.
Mr. Beavers moved to amend by striking out all in re¬
lation to the Coweta and South-Western Circuits.
On which motion, the yeas and nays were required to
be recorded, and are, yeas 10, nays 27.
T&ose who voted in the affirmative, are Messrs.
Bryan, Ray, McCune,
Butler, Dickinson, Tomlinson,
Beavers, Little, Wright.
Cone,
Those who yoted in the negative, are Messrs.
Anderson, Chappel], Ross,
Bethune, Flournoy, Reed,
Burks, Foster, Stroud,
John L. Bird, Griggs, Simmons,
P. M. Byrd, Knight, Slaughter,
Conelly, Lawson, Walthour,
Crocker, McRae, Wilcox,
Calhoun, Mosely, Wolfe,
Coffee, Moore, Wellborn.
So the motion was lost.
The Resolution as amended, was then adopted.
And on motion of Mr. Wellborn, the Secretary was di¬
rected to carry the same forthwith to the House of Repre¬
sentatives.
Mr. Simmons from the Committee on Enrolment re¬
ported as duly enrolled and signed by the Speaker ol the
House of Representatives, and ready for the sionat-m-p of
the President of the Senate, the following Acts :
An Act to extend the Charter of the Bank of the State
of Georgia, and the Acts amendatory thereof, and further
SENATE.
121
to amend the same in relation to the number of Directors.
Also, an Act to appropriate money for repairing and
furnishing the Executive Mansion, and for erecting an ad¬
ditional building within the enclosure of the same for ser¬
vants.
Mr. Slaughter reported a Bill to amend an Act, passed
on the twentieth day of December, in the year eighteen
hundred and forty-nine, entitled an Act, to regulate the
fees of Attorneys and Solicitors General, and other pur¬
poses therein specified.
Which was read the first time.
Mr. Simmons reported a Bill to change the times of hold¬
ing the Superior Courts in the counties of Floyd, Cass,
Gordon, Murray, .Walker, Dade and Chattooga,'and the
Inferior Courts for the county of Floyd, and for other pur¬
poses therein named.
Which was read the first time.
The Senate took up, as the special Order of the Day,
the Report of the Committee of the Whole, on the Bill
amendatory of the Statute of Limitations.
And on reading the first section as follows :
Be it enacted by the Senate and House of Representa¬
tives of the State of Georgia in General Assembly met,
and it is hereby enacted by the authority of the same,
That possession of real estate, adverse to the plaintiff for a
period of seven years, under color of title, shall protect a
defendant in ejectment from recovery, and bar the plain¬
tiff's right of entry forever, but no color of title shall arise
under a forged or fraudulent conveyance, process, or re¬
cord of any kind ; " nor shall it exist where at the time of
entry by the defendant, he knew, or had notice, that the
title of those under whom he claims was defective and
color'of title shall arise only under a will or testament, a
bona fide deed of conveyance, sale by valid process, or un¬
der a bond or written agreement for title, where the con¬
sideration has been fully paid or complied with, and in no
other way or manner whatsoever; Provided, That nothing
in this Act shall be construed so as to*effect any title which
has already accrued under the law now of force.
Mr. Foster moved to amend by striking out the follow¬
ing words:
" FTor shall it exist where at the time of entry by the de¬
fendant, he knew, or had notice, that the title of those un¬
der whom he claims was defective."
Which was agreed 'to.
Mr. Simmons moved to amend by striking out the pro¬
viso.
Which was lost.-
The Report as amended, was agreed to.
The Bill was read the third time, and on the question
1^2 JOURNAL OF THE
" Shall this Bill now pass ?" the yeas and nays were requir¬
ed to be recorded, and are—yeas 13, nays 22.
Those who voted in affirmative, are Messrs.
Anderson, _ Foster, Reed,
Bethnne, Little, ' Simmons,
Connelly, Mosely, Slaughter,
Crocker, Moore, W olfe.
Coffee,
Those who voted in the negative are Messrs.
Bryan, • Chappell, Ross,
Butler, Day, Stroud,
Burks, Flournoy, Tomlinson,
Beavers, v Knight, Walthour,
Philip M. Byrd, Lawson, "Wilcox,
John L. Byrd, McRae, Wright, ,
Cone, NMcCune, Wellborn.
Calhoun,
So the Bill was lost.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to change the names of Martha G.
Kelson and Charles Y. Kelson, to the names of Martha G.
Caldwell and Charles Y. Caldwell.
The Report was agreed to.
The Bill was" read the third time and passed.
The following Bills were taken up, read the second time,
and referred to the, Committee of the whole House :
A Bill to authorize the several Railroad Companies of
this State to establish through rates for the transportation
and conveyance of produce, merchandize and passengers,
over their respective roads jointly.
A Bill to change the name of Eliza Jarratt, of Harris
county, to that of EHza Hatchett.
A Bill to change the name of Martha R. Harvey to
Martha R. Dixon.
A Bill for the relief of Philip Whisenhunt and Henry
W. Gibbs, of the county Carroll.
Also, a Bill to allow William F. Crockett, a lame and
infirm man, a citizen of the county of Heard to peddle in
the Fourth Congressional District, free of tax.
A Bill in relation to Bonds, Bills, Promissory Kotes and
other instruments in writing, and to the endorsement of
of the same.
A Bill to extend the time of taking out Head Rmht
Grants to the year eighteen hundred and sixty-two. °
SENATE.
123
The following Bills of the House of Representatives
were taken up and read the first time :
A Bill to alter and amend the first paragraph of the
seventh section of the first article of the Constitution of
this State.
Also, a Bill to authorize and enable James Stewart, an
alien born resident, in the county of Pike, to purchase,
hold, and convey real estate within this State.
Also a Bill to compensate Grand and Petit Jurors of
• the Superior and Inferior Courts of the county of Haber¬
sham, and to provide for the payment of the same.
Also, a Bill to limit the bringing Bills of Review to
three years from the date of the decree.
Mr. Cone asked for, and obtained leave of absence for
Mr. "Wilcox, for a few days on special business, after to¬
morrow.
Mr. Slaughter asked for, and obtained leave of absence
for Mr. Wright, for a few days, after to-morrow, on ac¬
count of family afflictions.
On motion the Senate adjourned until 10 o'clock to¬
morrow morning. .
WEDNESDAY, Nov. 26th, 1861.
The Senate met pursuant to adjournment.
Mr. Foster moved to reconsider so much of the journal
of yesterday as relates to the rejection of the Bill amend¬
atory to the Statute of Limitations.
Whereupon, the yeas and nays were required to be re¬
corded, and are—yeas 22, nays 15.
Those who voted in the affirmative, are Messrs.
Anderson,^ Flournoy, Moore,
Beavers, Foster, Mosely,
Bethune, Griggs, Reed,
Coffee, Hicks, Sinamons,
Connelly, Lawson, Slaughter,
Crocker, Little, W ellborn,
Day, McRae, W olfe.
Dickinson,
Those who voted in the negative are Messrs.
Bryan,' Calhoun, Stroud,
Burks, Chappell, Tomlinson,
124 jotjenal of the
Butler, Cone, Walthour,
John L. Bird, McCune, Wilcox,
Philip M. Byrd, Boss, Wright.
So the motion prevailed.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President :—The House of Representatives has
passed the following Bill of the Senate:
A Bill entitled an Act to pardon Brinkley Bishop, of
the county of Bibb, now under sentence of death, for the
crime of murder.
The House has also concurred in the resolution of the
Senate bringing on certain elections therein specified, this
day at 12 o'clock.
The following message was received from his Excellency
the Governor, by Mr. Hood his Secretary :
Mr. President : His Excellency has assented ,to and
signed a Resolution, bringing on certain elections this day,
at 12 o'clock, meridian, and which I am directed to return
to the Senate.
Mr. Foster, from the Judiciary Committee, made the
following Report:
Mr. President : The Committee on the Judiciary have
had under their consideration a Bill to be entitled an Act
to regulate the mode of partitioning lands and tenements,
and have instructed me to report the same back to the
Senate, and recommend the Bill to be so amended in the
3d and 4th sections, as to change the disposition of the
funds from deposit and bank, or with the Clerk of the
Court, to such investment or deposit as to the Court shall
seem most to the interest of the parties.
Also, a Bill entitled an Act to amend an Act entitled an
Act" to define the liabilities of the several Railroad Com¬
panies of this State, &c., and instruct me to report the
same back, with the disapprobation of the Committee.
Also, the Bill entitled an Act to prohibit the owners,
overseers or employers of slaves in this State from per¬
mitting the same to do work on the Sabbath day, and in¬
structed me to report the same back; and recommend to
be amended by adding to the proviso of the 1st section
the words " or worlcs of necessity or charity."
Also, the Bill entitled an Act to authorise Justices of
the Peace to recognise witnesses in certain cases, and in¬
structed to report the same to the Senate, and recommend
the Bill to be so amended so as to add to the oath pre¬
scribed in the same, the words " and that he or she hath
reason to. apprehend that said witness or witnesses will
not attend court unless so recognized."
SENATE.
125
Also, the Bill entitled an Act to protect common Carri¬
ers, and instruct me to report the same hack to the Senate,
with the disapprobation of the Committee
Also, the Bill entitled an Act to point out and define the
mode of service of writs of Scire Facias, and instruct me
to report the same hack to the Senate, without amend¬
ment, and ask for it a favorable consideration.
The Committee also instruct me to report a Bill en¬
titled an Act to dispose of personal property levied upon
and claimed, and for other purposes, and to ask for it the
favorable consideration of the Senate ; ail of which is most
respectfully submitted.
Mr. Foster, from the Committee on the Judiciary, re¬
ported a Bill to dispose of personal property levied upon
and claimed, and for other purposes.
Which was read the first time.
Mr. Moore reported a Bill to incorporate a Savings Bank
in the city of Augusta.
Which was read the first time.
Mr. Bethune reported a Bill to extend the charter of the
Augusta Insurance and Banking Company.
Which was read the first time.
Mr. Foster reported a Bill in relation to the issuing of
change hills and private banking, and to punish the sanle,
and to authorize the banks of this State to issue hills of
certain denominations.
Which was read the first time.
Mr. Flournoy asked for leave of absence for Mr. Griggs
for a few days, on important business.
Which was granted.
Mr. Anderson asked for leave of absence for Mr.
Slaughter for a few days, on account of family afflic¬
tion.
Which was granted.
Mr. Moore asked for and obtained leave of absence for
Mr. Ross until Monday morning next.
Mr. Bethune, from "the Committee on Finance, made
the following Report:
Mk. Pkesident : The Committee on Finance, in dis¬
charging a portion of the duties assigned them, have ex¬
amined the books and accounts of the Comptroller Gene¬
ral, and find them to be correct, and kept in a manner
highly creditable to that officer. They have also carefully
examined the office and accounts of the Treasurer, and
find that his receipts correspond with the debits of the
Comptroller General, and that the disbursements are fully
supported by the proper vouchers, corresponding in every
particular with the annual report of the Treasurer to
his Excellency the Governor, on the 23d of O'ctober,
1851.
126 JOURNAL OF THE
We find a balance in the Treasury, 20th
Oct., 1851, # $123,515.48
Received since that date the following,
to-wit:
From general tax, 1850, $300.00
« " " 1851, 145,277.50
" Tax on Bank Stock, 1851, 2,539.06
" Dividend on Education
Fund, 651.00
" Unexpended balance, 51.97
" Sale of Lands in Ware co. 338.72
" Fees on Grants, 273.00
" Fees on copy Grants and
Testimonials, 84.25 149,415.50
$572,930.95
Disbursements since October,
as follows:
On acc'tof Civil Establishment,
1851, 11,459.89'
" " " Contingent Fund, 638.09
" " " Chaplain Penitentiary, 37.50
« " " Military Fund, 1851, 177.50
" " " Over Payments at
Treasury, 77.35
" " " Printing Fund, 1851, 964.37
" " " Public Debt, princi¬
pal and interest, 38,382.50
" " " Special Appropria¬
tion, 1849-'50, 3,659.25 . 55,396.45
Balance in Treasury, 24th FTov., 1851, $517,534.50
Which balance your Commit¬
tee find to be made up of the fol¬
lowing items, to-wit:
Scrip for Stock on Bank of Au¬
gusta, . 89,000
" " " on State of Geo. 183,300
" '- " on Geo. Railroad
and Banking Co. 18,600—290,900.00
Packages of W. & A. Railroad
Scrip redeemed, 4,784.75
" " Darien Bank and
and other broken bills, 2,237.25
Attorney's Receipts,Bank Bills,
suspended, &c., 7,315.00
Bills of Commercial Bank Macon, 109.00 14,446.00
Unavailable amount,
$305,346.00
SENATE. 127
Unavailable amount brought up, 305,316.00
Coupons paid since 1st Nov., 1851, 6,755.00
312,101.00
Available amount as.follows:
Acc't current, dated 11th Nov.,
1851, with Bank of State
of Geo., showing credit to
Treasury, of 53,795.91
Acc't current, same date, with
Augusta Insurance and
Banking Company, show¬
ing balance of 3,525.23
Certificates of deposit by Tax
Collector:
At Agency, Aug. In. and Bk'g .
Co. at Columbus, 6,400.00
At Br. Bank State Company at
Athens, 5,600.00
" Agency, " " at
Griffin, 2,510.00
" " " " at
Macon, 4,100.00 75,931.14
Cash in vault of Treasury, 129,452.36
Partial payment to officer, under account
of '49, 50.00
Balance in Treasury, 24th Nov., 1851, $517,534.50
In closing this Report, your Committee take great plea¬
sure in stating that the Books and Accounts in the Trea¬
sury office have been kept in a manner reflecting much
credit upon Mr. Patton, the late Treasurer.
Mr. Simmons, from the Committee on Enrolment, re¬
ported as duly enrolled and ready for the signature of the
President of the Senate:
An Act for the pardon of Brinkley Bishop,"of the county
of Bibb, for the crime of murder.
Mr. Anderson laid upon the table the following Resolu¬
tion, which was taken up, read and agreed to:
Whereas, It is important that the General Assembly
should be informed with the accurate amount of the liabi¬
lities of the State, as well as the various periods at which
those liabilities must be met and discharged;, therefore,
Resolved, That the Committee on Einance be instructed
to enquire and report to this House, at the earliest day
possible, the amount due and outstanding against the
State, on account of Bonds issued by the State, including
all such Bonds as have been issued on account of the
State Road and Central Bank;" also, the amount due for
128 journal of the
iron and other expenditures on the State Road, which have
not been liquidated ; and also, the probable amount that
will hereafter have to be assumed by the State on account
of the deficiency of assets of the Central Bank to meet its
outstanding liabilities; also; the probable amount that the
State will ultimately be required to pay to the creditors of
the Bank of Darien, and all other liabilities of the State,
with a view to the ascertainment of the true amount of
indebtedness now existing 011 the part of the State ; and
that they also report the various periods at which these
several liabilities must be paid by the State.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President :•—I am directed by the House of Re¬
presentatives to inform the Senate that they are now ready
to receive them to proceed to the elections set apart for
to-day.
On motion of Mr. Moore, the President and members
of the Senate repaired to the Representative Chamber,
and after being seated, and agreeably to a Joint Resolu¬
tion, the General Assembly proceeded to the election of a
Judge of the Superior Courts for the Macon Circuit; and,
on receiving and counting out the ballots, it appeared that
the Hon. Abner P. Powers was duly elected.
They then proceeded to the election of a Judge for the
" Blue Ridge" Circuit; and, on receiving and counting
out the ballots, it appeared that the Hon. David Irwin was
duly elected.
They then proceeded to the election of a Judge for the
Coweta Circuit; and, on receiving and counting out the
votes, it appeared that the Hon. Edward Y. Hill was duly
elected,
They then proceeded to the election of a Judge for the
South Western Circuit; and, on receiving and counting
out the ballots, it appeared that the Hon. William Taylor
was duly elected.
On motion, the General Assembly took a recess until 3
o'clock, P. M.
On motion, the President and members of the Senate
repaired to their Chamber; and
On motion, the Senate adjourned until 3 o'clock, P. M.
Three o'Clock, P. M.
The Senate met pursuant to adjournment.
Mr. Connelly presented the petition of sundry citizens
of Jefferson county, praying the passage of a law giving
senate.
129
to the Judges of the Inferior Court of Jefferson county,
and all other counties desiring the same power, to refuse
the granting of License to retail Spirituous Liquors in any
district or districts of the same, when a majority of the
citizens of such district or districts shall make known their
desire to that effect by ballot; which, on his motion was
referred to the Committee on Petitions without being read.
Mr. Moore ashed for and obtained leave of absence for
a few days for Mr. "Wolfe, after to-day.
Mr. Knight reported a Bill to require the Stockholders
of the Brunswick Canal and Railroad Company to pay an
assessment to complete said Canal, and for other purposes.
Which was read the first time.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk :
Mr. President: The House of Representatives have
passed the following Bill of the Senate, to-wit:
A Bill for the pardon of James Johnson, of the county
of Baldwin, for the crime of murder.
And I am directed to return the same forthwith to the
Senate.
I am directed to inform the Senate that the House of
Representatives are now ready to receive them, to proceed
to the unfinished business of to-day.
On motion of Mr. Moore, the Senate repaired to the Re¬
presentative Chamber to go into the unfinished business
of this day; and after being seated, they proceeded to the
■election o'f a Solicitor General for the Macon Circuit; and,
on receiving and counting out the ballots, it appeared that
William K. DeGraffenreid was duly elected.
They then proceeded to the election of a Solicitor Gene¬
ral tor the Blue Ridge Circuit; and, on receiving and
counting out the ballots, it appeared that Edward D.
Chisolm was duly elected.
The Senate then, on motion, withdrew and repaired to
their Chamber.
Mr. Moore laid upon the table the following Resolution,
which was taken up, read and agreed to:
Whereas, His Excellency the Governor, by his pro¬
clamation, has set apart to-morrow as a day of general
Thanksgiving throughout this State; Therefore,
Resolved, That when the Senate adjourns to-day, it ad¬
journs to meet again at 10 o'clock, A. M., on Friday next.
Mr. Flournoy reported a Bill to incorporate the Colum¬
bus and Greenville Plank Road and Turnpike Company,
and the Columbus and Lannahassee Plank and Turnpike
Road Company, and for other purposes therein mentioned.
Which was read the first time.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole:
q
130 journal of the
A Bill to amend an Act passed on the twentieth day of
December, in the year eighteen hundred and forty-nine,
entitled: " An Act to regulate the fees of Attorneys and
Solicitors General, and for other purposes therein specified.
Also, a Bill to change the times of holding the Superior
Courts in the counties of Floyd, Cass, Gordon, Murray,
"Walker, Dade and Chattooga, and the Inferior Courts for
the county of Floyd, and for other purposes therein named.
The following Bills were taken up, read the second time
and referred to the Committee on Corporations :
A Bill to incorporate the Male Academy of Atlanta,
and to appoint Trustees for the same.
A Bill to incorporate the Atlanta Lodge, Mo. 59.
The following Bills of the House of Representatives
were taken up, read the second time, and referred to the
Committee of the Whole, to wit:
An Act to alter and amend the first paragraph of the
seventh section of the first article of the Constitution of
this State.
Also, a Bill to limit the bringing Bills of Review to
three years from the date of the Decree.
Also, a Bill to authorize and enable James Stewart, an
alien born, resident in the county of Pike, to purchase,
hold and convey real estate within this State.
Also, a Bill to compensate the Grand and Petit Jurors
of the Superior and Inferior Courts of the county of
Habersham, and to provide for the payment of the same.
The following communication was received from His Ex¬
cellency the Governor, by Mr. Steele his Secretary:
Which, on motion of Mr. Reed, was taken up and read
as follows:
Executive Department, Ga., )
November 26 A, 1851. j
I herewith transmit to the General Assembly a copy of
a communication from Mr. Mitchell, Chief Engineer of
the State Road, to which I would respectfully call your
early attention.
HOWELL COBB.
Which, on motion of Mr. McCune, was referred with
the accompanying document, to the Committee on Internal
Improvements.
On motion, the Senate adjourned until ten o'clock
Friday morning,
SENATE.
131
FRIDAY, Nov. 28, 1851.
The Senate met pursuant to adjournment.
Leave of absence was asked, for a few days, after to-day,
for Mr. Lawson.
Which was granted.
Mr. McCune asked for leave of absence for Mr. Sim¬
mons, for a few days, on special business.
Which was granted.
Mr. Moore asked for leave of absence for to-day, for
Messrs. Bethune and Day, to enable them to attend on the
Committee on Finance.
Which was granted.
Mr. Calhoun Reported a Bill to alter and fix the time
of holding the Superior Courts of the Coweta and Blue
Ridge Circuits ; to allow a longer time for holding a part
of said Courts, and to authorize the drawing of Juries for
parts of them.
Which was read the first time.
On motion of Mr. Wellborn, the following Resolution
• was taken up, read, and agreed to :
Whereas, The proper and efficient enforcement of the
criminal laws of this State requires that suitable provisions
be made for the compensation of Magistrates and Consta¬
bles who may officiate in Courts of Inquiry for the com¬
mittal of parties charged with crime, and as the attend¬
ance of witnesses on the part of the State on such trials;
"and also, at the Superior Courts is equally important, and
as the present practice frequently requires witnesses to at¬
tend for several Courts at great expense and loss of time
without any prospect of compensation; and as it is con¬
templated by the existing laws on that subject, that these
charges should be paid out of such money as may be
raised by fines and forfeitures in criminal cases, but is
seldom done under the present practice:
"Wherefore, be it Resolved, That the Committee on the
, Judiciary be instructed to inquire into the propriety of pro¬
viding by law for the setting apart of fifty per centum of
the money raised by fines and forfeitures in criminal cases,
to be applied under the direction of the Court to the cases
above mentioned, or some other mode of avoiding the evil
as it now exists, and that they report by Bill or otherwise
Mr. Simmons from the Committee on Enrolment, report¬
ed as duly enrolled and ready for the signature of the Pre
sident of the Senate:
An Act for the pardon of James Johnson, of the count]
of Baldwin', for the crime of murder.
Mr. McCune reported a Bill to alter and amend the
132
JOURNAL OF THE
eighth section of the Fourth Division of the Penal Code of
this State.
"Which was read the first time.
On motion of Mr. Simmons, the Senate took up as the
Report of the Committee of the Whole, the Bill to abolish
Capital Punishment within the State of Georgia.
Mr. Simmons offered the following as a substitute:
A Bill to be entitled an Act, to abolish Capital Punish¬
ment in certain cases therein specified.
Section 1. Be it enacted, That should any free white
person or persons within this State, hereafter, commit any
crime or offence against the laws thereof, and be therefor
duly convicted for which crime or offence such person or
persons would be subject to capital punishment under the
laws now of force, such person or persons so offending,
shall on such conviction be punished by perpetual impris¬
onment at hard labor during his, her or their natural life
or lives in the Penitentiary of the State, or at such other
place or places therein, as the Governor, for the time be¬
ing, may from time to time, order and appoint: Provided,
The jury before wbom such person or persons may be tried,
shall in their verdict, finding such person or persons guilty
of the offence charged, recommend him, her or them, to
to the mercy of the Court; otherwise, the same punish¬
ment shall be inflicted upon such person or persons to
which he, she or they would be subject under the laws now
of force.
Sec. 2. And be it furihey enacted, That all laws and
parts of laws, militating against this Act, be and the same
are hereby repealed.
Mr. Reed moved that the Bill and Substitute be referred
to the Committee on the Judiciary, with instructions that
they report a Bill providing for the alteration of the Con¬
stitution, so as to authorize the Legislature to commute
capital punishment to imprisonment for life in certain
cases.
Mr. McCune moved that the Bill and Substitute be in¬
definitely postponed.
Which was lost.
The question then recurred on the motion of Mr. Reed.
Which was agreed to.
The Senate took up as the Report of the Committee of
the Whole, the Bill to authorize the Court of Ordinary of
Upson county, to grant Letters of Administration on the
undivised estate of Allen McWalker, deceased, late of
Upson county, and on certain conditions.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
senate.
133
the Whole, the Bill to change the name of Eliza Jarratt, of
Harris county, to that of Eliza Hatchett.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to change the name of Martha R.
Harvey to Martha R. Dixon.
The Report was agreed to.
The Bill was read the third time and passed.
. The Senate took up, as the Report of the Committee of
the Whole, the Bill to prohibit owners, overseers, or em¬
ployers of slaves in this State from permitting said slaves
to do unnecessary work on the Sabbath.
And on reading the first section as follows:
Section 1. Be it enacted, That from and after the pass¬
age of this Act, if any # owner, overseer, or employer of
any slave or slaves, permit said slave or slaves, knowingly
to do any ordinary field work, or work of like character on
the Sabbath, it shall be considered a misdemeanor; and
on conviction thereof, shall be fined not exceeding fifty
dollars for every such offence: Provided, That nothing
herein contained be so construed as to prevent said slaves
from doing any ordinary house work for the comfort and
convenience of said owner, overseer or employer.
The Committee on the Judiciary proposed to amend by
adding the words, u or works of necessity or charity," at
the end of the section.
Which was agreed to.
The Report, as amended, .was agreed to.
The Bill was read the third time and passed.
Mr. Calhoun made the following Report:
The Special Committee to whom was referred the Bills
to compensate the owners of unenclosed ground, through
which any of the Inferior Courts of this State may grant
new roads, have had the same under consideration, and
ask leave to report the same back to the Senate, and do
recommend the passage of the same.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to point out and define the mode of
service of writs of Scire Facias.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to protect Common Carriers.
The Report was disagreed to, and the Bill was lost.
The Senate took up as the Report of the Committee of
the Whole, the Bill to compensate the owners of unenclosed
f round, through which any of the Inferior Courts of this
tate may grant new roads.
The Report was agreed to.
134: JOURNAL OF THE
The Bill was read the third time and passed.
The Senate took up as tlm Report of the Committee of
the Whole, the Bill to authorize Justices of the Peace in
any State case to' recognize witnesses for their appearance
at court at any time, as well as at the time of the trial for
commitment;
And on reading the proviso to, the first section of the
Bill as follows :
" Provided, That the party or his Attorney at Law,
shall first make affidavit that he deems the testimony of
such witness or witnesses, material on the trial of said
case, and desires such witness or witnesses, should be bound
over for their appearance at court to testify in said cause."
The Committee on the Judiciary moved to amend by
inserting after the words " of said case," the following, to
wit :
" And that he or she hath reason to apprehend that said
witness or witnesses will not attend court unless recognized
to do so."
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to amend an Act entitled an Act, to
regulate the mode of partitioning Lands and Tenements,
in certain cases in the State of Georgia ;
And on reading the third section as follows :
" That if partition of said lands or tenements shall be
made by sale, the Court shall'order the part of the pro¬
ceeds of sale to which the unknown and absent parties in
interest in said lands or tenements shall be entitled, to be
deposited in some one of the safe specie paying Banks of
this State, to be paid out to such party or parties, by order
of the Court, upon his, her or their establishing his title to
the same."
The Committee on the Judiciary moved to amend by
striking out the following words, "to be deposited in some
one of the safe specie paying Banks of this State," and in¬
serting in lieu thereof, the following, " to be invested or
deposited in such way or place as to said Court shall seem
best for the party or parties in interest."
Which was agreed to.
And on reading the fourth section as follows :
" That if any of the parties in interest shall depart this
life pending the proceeding for petition, and said partition
shall be effected by sale, the part of the proceeds of sale to
which the said decedent shall be entitled, shall be deposit¬
ed with the Clerk of the Court, and paid out to his, her or
their heirs at law, or legal Representatives, as the Court
may order and direct."
SENATE.
135
The Committee oil the Judiciary moved to amend by
striking out the following words, " deposited with the Clerk
of the Court," and inserting in lieu thereof, the following :
u shall be invested or deposited in such place as to the
Court shall seem most conducive to the interest of those
entitled to the same."
Which was agreed to.
The Report as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report o± the Committee of
the "Whole, the Bill to authorize the several Railroad Com¬
panies of this State, to establish Through Rates for the
transpotation and conveyance of produce, merchandize
and passengers, over their respective roads jointly.
Mr. Anderson moved to amend by adding the following
additional sections :
Section 4^ Be it further enacted, That whenever any
debt shall be due to the Western and Atlantic Railroad
for the transportation of merchandize, according to the
bill of lading or freight list, the said Western and Atlantic
Railroad shall have a lien on said goods for the payment,
not only of the freight due on such merchandize, but on
account of the transportation of any other merchandize
previously delivered; and if the owner or consignee of
such merchandize shall neglect or refuse to pay such dues,
the Agent at the Station to which such merchandize shall
be consigned, or the Superintendant of Transportation, may
make oath before some Justice of the Peace, Judge of the
Inferior, or of the Superior Court, of the amount due, and
the same proceedings shall take place as in cases of fore¬
closure of mortgage on personal property.
Section 5. Be it f urther enacted, That the provisions
and benefits of this Act, are hereby declared to be appli¬
cable, and'are hereby extended to the various Railroad
Corporations of this State.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time.
And on motion of Mr. Moore, was recommitted to the
Committee of the Whole.
The following message was received from his Excellen¬
cy the Governor, by Mr. Hood, his Secretary :
Mr. President : His Excellency the Governor, has ap¬
proved and signed an Act, to pardon Brinkly Bishop, of
the county of Bibb, now under the sentence of death for
the crime of murder.
Which has been deposited in the office of Secretary of
State.
Mr. Calhoun laid upon the table the following Resolu¬
tion, which on his motion, was taken up and read;
136 • JOURNAL OF THE
Resolved by the Senate, and Rouse of Representatives,
That the Governor be requested to allow the Rev. George
White to take from the basement story of the State House,
the old newspapers, to aid him in the compilation of the
History of Georgia, in which he is now employed.
Mr. McCune moved to amend by adding the following
words : " The said papers to be returned by him."
The amendment was agreed to; and the Resolution as
amended, was agreed to.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole :
A Bill to incorporate a Savings Bank in the City of Au¬
gusta.
Also, a Bill to require the Stockholders of the Bruns¬
wick Canal and Railroad Company to pay an assessment
to complete said Canal, and for other purposes.
Also, a Bill to extend the Charter of the Augusta In¬
surance and Banking Company.
Also, a Bill in relation to the issuing of Change Bills
and Private Banking; to punish the same, and to author¬
ize the Banks of this State to issue bills of certain denom¬
inations.
Also, a Bill to dispose of personal property levied upon
and claimed, or that is in the custody of any officer of this
State, by reason of any litigation in relation thereto, under
circumstances in said Bill named.
The Bill to incorporate the Columbus and Greenville
Plank Road and Tunpike Company and the Columbus and
Lannahassee Plank and Turnpike Road Company, and
for other purposes therein named,
Was taken up, read the second time and referred to the
Select Committee on Corporations.
The Senate took up as the Report of the Committee of
the Whole, a Bill to authorize and enable James Stewart,
an alien born resident, in the county of Pike, to purchase,
hold and convey, real estate within this State.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill of the House of Representatives, to
limit the bringing of Bills of Review to three years from
the date of the decree.
Which, on motion of Mr. McCune, was referred to the
Committee on the Judiciary.
The Senate took tip, as the Report of the Committee of
the Whole, the Bill to alter and amend the first para¬
graph of the seventh section of the first article of the
Constitution of this State.
Which, on motion of Mr. McCune, was postponed, and
made the Special Order of the day for to-morrow.
senate. 137
The following Message was received from his Excel¬
lency, the Governor,*by Mr. Hood, his Secretary :
Mr. President :—His Excellency the Governor, has
approved and signed an Act for the pardon of James
Johnson, of the county of Baldwin, now under the sen¬
tence of death for the crime of murder.
"Which has been deposited in the office of the Secretary
of State.
On motion the Senate adjourned until 10 o'clock to¬
morrow morning.
SATURDAY, November 29th, 1851.
The Senate met pursuant to adjournment.
Mr. Cone laid upon the table the following Resolution,
which was taken up, read and agreed to :
Resolved, by the Senate and Mouse of Representatives,
That the Surveyor General and Secretary of State be au¬
thorized to employ one clerk each for the remainder of the
session, or such part thereof as may be necessary for the
timely execution of the business now offering.
And, on his motion, the Secretary was directed to carry
the same forthwith to the House of Representatives.
Mr. P. M. Byrd reported a Bill for the relief of the
Teachers of poor children of the county of Hall, for the
years 1844 and 1846.
Which was read the first time.
Mr. Calhoun laid upon the table the following Resolu¬
tion, with the accompanying Memorial, from the Rev.
George White:
Resolved, by the Senate and House of Representatives,
That the Rev. George White be permitted to take from
the Georgia Historical Society the manuscript volumes,
twenty-six in number, connected with the colonial history
of Georgia, with a full understanding that the said George
White take the greatest care of said manuscript volumes,
and return the same within two months.
The Resolution was taken up, read and agreed to.
Mr. Flewellen reported a Bill to lay off and "form a new
county out of the counties of Carroll, Campbell, Paulding
and Cobb, to be called the county of Eldorado, and to
locate the site thereof, and to provide for the election of
members of the Legislature and County Officers, and to
define the time of holding the Superior and Inferior
Courts of said county.
Which was read the first time.
138 journal of the
Mr. "Walters laid upon the table the petition of sundry
citizens of Floyd and Paulding, praying for the organiza¬
tion of a new county; which, on his motion, was referred
to the Committee on new Counties without being read.
The following message was received from the House of
Eepresentatives by Mr. Sturgis, their Clerk:
Mr. President :—The House of Eepresentatives have
passed the following Bills:
A Bill to incorporate'a Volunteer Corps of Infantry in
the city of Augusta, and to grant unto it certain privileges.
A Bill for the relief of Elizabeth Ann Anthony, wife of
Lavoiser L. Anthony of Eichmond.
A Bill to extend certain privileges to Thos. D. Prather,
of the county of Harris, and to make legal and binding
the acts and doings of the said Thomas D. Prather," and
for other purposes therein contained.
A Bill to prevent the Killing of Deer at certain periods
of the year in the county of Carroll.
A Bill to secure to the Eock Island Factory certain
privileges, and for other purposes therein named.
A Bill to alter and change the time of holding the Supe¬
rior Courts in the county ot Marion ; to allow said county
two weeks instead of one for the term of said courts; to
authorize the Judge of said court to draw two pannels of
grand and petit Jurors, and to authorize and require the
Justices of the Inferior Court of said county to draw an
additional pannel for the next term of said court.
A Bill to ratify the contracts for the purchase of iron
for the "Western and Atlantic Bailroad, made by the Gov¬
ernor and Chief Engineer, and to provide means for the
payment of the same.
The House of Eepresentatives have also passed the fol¬
lowing Bills of the Senate:
A Bill to authorize and require the Justices of the Infe¬
rior Court of the county of DeKalb, to pay Jonathan N.
Hadden out of the Poor School Fund ot said county, for
the years 1851 or 1852, the amount he was entitled to re¬
ceive for teaching poor children in the year 1846 and 1849,
.with an amendment.
A Bill to grant and secure to Charles D. Stewart and
others, proprietors and corporators of the " Columbus
Factory," the right to erect and keep up a dam across a
portion of Chattahoochee Eiver.
A Bill to compensate the Petit Jurors of the county of
Harris.
The House of Eepresentatives have concurred with the
Senate in their amendments to the Bill of the House of
Eepresentatives:
To incorporate the Southern Female College located in
the town of Covington, FTewton" county, and to authorize
senate.
139
the Trustees of the Female Seminary of the said county
to convey the lot of land in the town of Covington, where¬
on the Female Academy now stands, to the Trustee's of the
said College.
The Senate took up, as the Report of the Committee of
the Whole, the Bill of the House :
To alter and amend the first paragraph of the seventh
section of the first article of the Constitution of this State.
Upon reading the first section as follows:
Section 1st. Be it enacted, That so soon'as this Bill
shall have passed in accordance with the requirements of
the Constitution, the following he adopted in lieu of the
first paragraph of the seventh section of the first article of
the Constitution, to-wit:
" The House of Representatives shall be as follows :—
Each county shall have one Representative, and no county
shall have more than two Representatives; thirty-seven
counties having the greatest population, counting all free
white persons, and three-fifths of the people of color, shall
have two Representatives. The said appointment shall be
made by the General Assembly at the session nextv after
each future enumeration of the inhabitants of this State,
made under the Constitution and laws thereof, but at no
other time."
Mr. Cone moved to amend by striking out all after the
words " to-wit," and insert in lieu thereof, the following:
" The House of Representatives shall consist <5f one
hundred and thirty-five members, and no more. Each
county shall have one Representative, and the remaining
* number of Representatives beyond the number of coun¬
ties, shall be appointed one to each of the counties having
the greatest population, counting three-fifths of the pe'ople
of color; and, as a new county is formed, one Representa¬
tive shall be taken from the county having the least Repre¬
sentative population that has two Representatives, and
given to the new county."
Mr. Cone moved to refer the Bill, together with the
amendment, to the Judiciary Committee.
Which was agreed to.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to extend the charter of the Augusta
Insurance and Banking Company.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to dispose of personal property levied
upon and claimed, and for other purposes.
The Report was agreed to.
* The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
140 JOURNAL OF THE
the Whole, the recommitted Bill to authorize the several
Railroad Companies of this State to establish through rates
for the transportation and conveyance of produce, mer¬
chandize and passengers over their respective roads jointly.
The question recurred on the amendment offered by Mr.
Anderson on yesterday.
Mr. Simmons in the Cliair, Mr. Miller moved to amend
the amendment by striking out of the first section all after
the words " previously delivered."
Which was agreed to.
The question then recurred on the amendment of Mr.
Anderson, as amended.
On which motion the yeas and nays were required to be
recorded, and are—yeas 11, nays 22.
Those who voted in the affirmative are Messrs.
Anderson, Day5 Stroud.
Bryan, F arris, Tumlin,
John L. Bird, Hardeman, Watters.
Calhoun, Knight,
Those who voted in the affirmative, are Messrs.
Butler, Dickinson, McCune,
Bethune, Flournoy, Mosely,
Beavers, Flewellen, Moore,
Philip M. Byrd, Harris, Reed,
Cone, Hicks, Simmons,
Connelly, Harm an, Tomlinson,
Coffee, Little, Wellborn.
Chappell,
So the motion to agree to the amendment was lost.
The question then recurred on agreeing to the Report of
the Committee.
Which was agreed to.
The Bill was read the third time and passed.
The Senate .took up, as the Report of the Committee of
the Whole, the Bill to require the stockholders of the
Brunswick Canal and Railroad Company to pay an assess¬
ment to complete said Canal, and for other purposes.
The Report was ageed to.
The Bill was read the third time and lost.
Mr. Harman reported the following Bills, to-wit:
A Bill to amend the several Acts now in force regulat¬
ing the fees of Magistrates and Constables in the State of
Georgia, so far as relates to the county of Bibb, and to pro¬
vide for collecting the same.
Which was read the first time.
SENATE.
141
A Bill to incorporate the Georgia Mechanical and Man¬
ufacturing Institute of the State of Georgia,, and to confer
certain privileges on the same.
Which was read the first time.
The Bill to alter and amend the eighth section of the
Fourth Division of the Penal Code, was taken up, read
the second time; and
On motion of Mr. McCune, was referred to the Com¬
mittee on the Judiciary.
The Bill to alter and fix the time of holding the Superior
Courts of the Coweta and Blue Ridge Circuits, to allow a
longer time for holding a part of said courts, and to autho¬
rize the drawing of Juries for parts of them,
Was taken up, read the second time; and
On motion of Mr. McCune, was referred, together with
all bills of a similar character, to a Select Committee, con¬
sisting of Messrs. McCune, Calhoun, Harman, Slaughter
and Tumlin.
The following Bills of the House of Representatives
were taken up and read the first time:
A Bill to incorporate a Yolunteer Corps of Infantry in
the city of Augusta, and to grant unto it certain privileges.
Also, a Bill to ratify contracts for the purchase of iron
for the Western and Atlantic Railroad, made by the Gov¬
ernor and Chief Engineer, and to provide means for the
payment of the same.
Also, a Bill for the relief of Elizabeth Ann Anthony,
wife of Lavoiser L. Anthony of Richmond.
Also, a Bill to extend certain privileges to Thomas D.
Prather, of the county of Harris,_ and to make legal and
binding the acts and doings of the said Thos. D. Prather,
and for other puiposes therein contained.
Also, a Bill to prevent the Killing of Deer at certain
periods of the year in the county of Carroll.
Also, a Bill to alter and change the time of holding the
Superior Courts in the county of Marion; to allow said
county two weeks instead of one for the term of said court;
to authorize the Judge of said court to draw two pannels of
frand and petit Jurors, and to authorize and require the
ustices of the Inferior Court of said county to draw an
additional pannel for the next term of said court.
Also, a Bill to secure to the Rock Island Factory certain >
privileges, and for other purposes therein named.
The Senate took up and concurred in the amendment of
the House of Representatives to authorize and require
the Justices of the Inferior Court of the county of DeKalb,
to pay Jonathan FT. Iladden out of the Poor School Fund
of said county, for the year 1851 or 1852, the amount he
was entitled to receive for teaching poor- children in the
-vears 1846 and 1849.
142 JOURNAL OF THE
Mr. Simmons, from the Committee on Enrolment, re¬
ported as duly enrolled and ready for the signature of the
President of the Senate :
An Act to compensate the Petit Jurors of the county of
Harris.
On motion, the Senate adjourned until to-morrow morn¬
ing, 10 o'clock.
MONDAY, December 1,1851.
The Senate met pursuant to adjournment.
On motion of Mr. Knight, the Senate reconsidered so
much of the Journal of Saturday as relates to the rejec¬
tion of the Bill relative to the Brunswick Canal and Bail-
road Company, to make an assessment upon the stock to
complete said Railroad.
And the Bill, on motion of Mr. Knight, was taken up
and referred to a Select Committee, consisting of Messrs.
Knight, Hardeman and Walthour.
Mr. Moore laid upon the table a petition from sundry
citizens of Washington county, praying some amendment
to the laws of this State relating to free person's of color.
Which, on his motion, was referred to the Committee on
the Judiciary without being read.
Mr. Cone asked for and obtained leave of absence for
Messrs. Day and Tomlifison for to-day, on account of in¬
disposition.
Mr. Anderson asked for and obtained leave of absence
for Mr. McCune after to-morrow for a few days.
Mr. Anderson reported a Bill to alter and amend the
Militia Laws of Georgia, so far as they relate to the 1st
Regiment, 1st Brigade, 1st Division Georgia Militia.
Which was read the first time.
Also, a Bill to organize a Yolunteer Battalion in the
city of Savannah, to be called the Independent Yolunteer
Battallion of Savannah.
Which was read the first time.
Mr. Farris reported a Bill to incorporate the Coosa and
Chattooga River Railroad Company.
Which was read the first time.
Mr. Chappell reported a Bill to incorporate Mount Zion
Academy in the county of Murray, and to appoint Trus¬
tees for the same.
Which was read the first time.
Mr. Watters reported a Bill to incorporate the village
of Cave Spring, in the county of Floyd, and to appoint
Commissioners for the same.
Which was read the first time.
senate.
143
Mr. Reed laid upon the table a petition of the Execu¬
tors of the estate of J. B. Hatchett, of Harris county,
deceased, praying the privilege of selling the land belong¬
ing to said estate lying in Harris county.
Which, on his motion, was referred to the Committee on
Petitions without being read.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President: The House of Representatives have
passed the following Bill:
A Bill to authorize Obadiah T. Dickinson, the present
County Surveyor of Rabun county, to resurvey a part of
the first and second districts of said county, and to appro¬
priate money for the same.
The Senate, on motion of Mr. Hardeman, went into
Committee of the Whole on the special Order of the Day,
which was the Bill for the preservation and protection of
the rights of Married Women, and the distribution of
their estates—Mr. Anderson in the Cair—and after some
time spent therein,
On motion of Mr. Miller, the Committee rose and re¬
ported the Bill with an amendment.
On motion of Mr. Anderson, the Report was taken up.
And on reading the fifth section, as follows:
And be it further enacted, That when any woman dur¬
ing coverture, in indigent circumstances, shall purchase
property with her own and her children's labor, such pro¬
perty shall remain and belong to the wife as her separate
and sole property, free from any debt, contract or liability
of the husband.
Mr. Knight moved to amend by striking out the whole
section. Which was lost.
Mr. Harman moved to amend by adding the following
as an additional section :
And be it further enacted by the authority aforesaid,
That vary feme covert who shall have the benefits of this
Act extended to her shall have the right and power to
trade as a feme sole, and all the property secured to her
by this Act shall be bound for all debts she may contract,
she and her husband being liable to be jointly sued for
the same.
Mr. McCune moved the previous question, which was
not seconded.
The question recurred on receiving the amendment.
On which motion the yeas and nays were required to be
recorded, and are—yeas 14, nays 19.
Those who voted in the affirmative are Messrs.
Bryan,
Cone,
Harman,
144
Butler,
Beavers,
Jolm L. Bird,
Philip M. Byrd,
Farris,
Harris.
Coffee,
Chappell,
JOURNAL OF THE
Mosely,
Moore,
Walthour.
Those who voted in the negative, are Messrs.
Anderson,
Bethune,
Connelly,
Calhoun,
Dickinson,
Flournoy,
Hicks,
Hardeman,
Stroud,
Knight,
McCune,
Heed,
Simmons,
Tumlin,
"Wolfe,
Spalding,
Wellborn,
Watters.
Flewellen,
So the amendment was not received.
Mr. Heed moved to amend by adding the following
as an additional section :
And be it further enacted, That whenever the interests
ot the wife require a sale or exchange of said property,
either real or personal, the same may be had upon appli¬
cation by the husband and wife to the Court ot Ordinary
in term time or vacation; which upon its being clearly
shown to said Court that it is for the benefit and interest
of the wife that said sale or exchange should be had, to
order the sale or exchange thereof upon such terms and
conditions as said Court shall deem best; Provided, that
in all cases the proceeds of the sale or exchange shall be
and remain the sole and separate property of the wife, as
provided in the foregoing sections of this act; Provided,
also, that the money arising from such sale be reinvested
in other property.
Which was agreed to.
Mr. Moore moved to amend by adding the following
as an additional section :
And be it further enacted, That the property of the
husband shall not be subject to the payment of any debt
contracted by the wife before marriage.
Mr. Simmons moved to amend the amendment by strik¬
ing out all after the word " enacted," and insert in lieu
thereof the following:
" That the property of the wife shall, in all cases, be
first liable for any debt of hers incurred before or after
marriage."
Mr. McCune moved to postpone the amendments' inde¬
finitely.
Which was agreed to.
Mr. Harman moved to amend the Beport of the Com-
senate.
145
niittee by striking out all after tbe enacting clause, and in-
•serting in lieu thereof the following:
" That from and after the passage of this Act, that no
property, either real, personal, or mixed, coming to or
received by the husband by virtue of his marriage, shall
^either in law or equity be subject to any debt or debts
-contracted or owing by the husband before marriage."
Pending the discussion thereto, the Senate adjourned
until 3 o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Simmons, from the Committee on Enrolment, re¬
ported as duly enrolled and ready for the signature of the
President of the Senate:
An Act to grant and secure to Charles D. Stewart and
•others, the right to erect, keep up and maintain a Dam
across a portion of the Chattahoochee River.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President : The House of Representatives have
passed the following Bill, to-wit:
A Bill supplemental to an Act, passed 28th Dec., 1843,
making it the duty of the Governor whenever the public
interest shall require it, to cause the Assets of the Central
Bank to be deposited in the Treasury of the State.
And I am directed to forthwith bring the same to this
branch of the General Assembly.
The Senate resumed the unfinished business of the
morning, which was the motion of Mr. Harman, to strike
out and insert.
On which motion the yeas and nays were required to
be recorded, and are—yeas 14, nays 21.
Those who voted in the affirmative, are Messrs.
Bryan, Coffee, Harman,
Butler, Cone, Mosely,
Beavers, Chappell, Moore,
John L. Bird, Farris, "Walthour.
Philip M. Byrd, Harris,
Those'who voted in the negative, are Messrs.
Anderson, Flewellen, Reed,
Bethune, Hicks, Spalding,
10
146
journal of the
Connelly,
Calhoun,
Day,
Hardeman,
Knight,
Little,
McCune,
Boss,
Simmons,
Tumlin,
"Wolfe,
Dickinson,
Flournoy,
Wellborn,
Watters.
So the motion was lost.
The Eeport of the Committee, as amended, was agreed
to.
The Bill was read the third time.
When Mr. Mosely moved to recommit the Bill.
Which motion was lost.
The question then recurred on the passage of the Bill,
and after considerable discussion thereon,
Mr. Mosely moved that the Senate adjourn.
Which motion was lost.
On motion of Mr. Miller—Mr. Anderson in the chair—
the Bill was laid on the table for the present, and
The'Bill of the House of Eepresentatives to ratify the
contracts for the purchase of iron for the Western and At¬
lantic Eailroad, made by the Governor and 'Chief En¬
gineer, and to provide means for the payment of the same,
Was taken up, read the second time, and referred to the
Committee of the Whole.
On motion of Mr. Miller, the Bill for the preservation
and protection of the rights of Married Women, and the
distribution of their estates,
Was taken up; when,
On motion the Senate adjourned untill to-morrow morn¬
ing, 10 o'clock.
The Senate met, pursuant to adjournment.
Messrs. Bryan, Coffee and Wellborn, asked and'obtain¬
ed leave to have their votes recorded, upon the amend¬
ment of Mr. Harman, to the Bill for the preservation and
protection of the rights of married women, and the dis¬
tribution of their estates, which were accordingly recorded
on the Journal of yesterday; Messrs. Bryan and Coffee in
the affirmative, and Mr. Wellborn in the negative.
The following Message was received from the House of
Eepresentatives, by Mr. Sturgis, their Clerk.:
Mr. President :—The House of Eepresentatives have
passed the following Bill, to-wit:
TUESDAY, December 2d, 1851.
senate.
147
A Bill to alter and amend the third section of the third
Article of the Constitution of the State of Georgia.
Mr. Bethune made the following Report:
Mr. President :—The Committee on Finance, to whom
was referred the Message of his Excellency the Governor,
accompanied by a report from the Director of the Central
Bank, have directed me to report, that upon an examination
of. that Institution they find the following statement to be
a correct exhibit of its liabilities and assets:
The Liabilities of the Bank your committee find to be
as follows: t
State 7 per cent Bonds, 1st emission, $ 98,000 00
" " " 2d " 275,000 00
Due Planters' Bank 6,556 17
1st emission Central Bank notes. 7,200 00
2d " " " " 8,000 00
3d " " " " 675 00
15,875 00
Less amount of Bills on hand 2,946 50 12,928 50
Total liability. 392,484 67
Available resources,
Cash in Vault 20,283 09
Columbus Change bills (good) 29 50
Check of Planters' Bank 303 66
On deposit, Bank of Augusta 1,663 14 $22,279 39
Liability over available assets 370,205 28
To meet this liability on the fol¬
lowing unavailable assets, to-wit:
ISTotes discounted 221,762 25
Bills " 105,010 14
326,772 39
A large amount of this paper is in the hands of attor¬
neys for collection, and some in judgment, and, judging
from the long delay in collection, is probably insolvent.
State of the Central Bank of Georgia on Thursday, No¬
vember 28th, 1851:
Tcr balance Capital Stock, $393,742 23
•' TJ. States surplus Revenue, 1,051,422 09
" Discount on Notes, 58,005 92
" u " Bills, 3,303 15
" Credit of individuals, * 12,612 96
" State 7 per cent bonds, 1st
emission 98,000 00
" State 7 per cent bonds, 2d
*Partial payments of Attorneys for collectionsmade.
us
JOURNAL OF THE
emsssion,
" Planters' Bank,
Balance 1st emission of notes
« 2d " "
» 3d (( u
275,000 00
7,200 00
8,000 00
675 00
Balance emission Central Bank
Notes, 15,875 00
Bills on hand, 2,916 50
In circulation, 12,928 50
By Bank Stock (Darien)
" Bonds, Notes, &c., received
from State,
" Brunswick Bailroad and Ca¬
nal Stock,
" Notes discounted,
" Bills,
*• Commissioners W. & A. Bail-
road (Scrip redeemed)-
" State 6 per cent "bonds (inter¬
est paid on them)
" Sinking fund (Bailroad bonds
redeemed)
" Penitentiary,
" Commission accounts,
" Salaries "
" Protest "
" Incidental expenses,
" Beal Estate,
" Suspense Accounts,
" Profit and Loss,
" Interest Accounts,
" State of Georgia,
To premium accounts,
" Bank of Augusta, 1,663 11
" " Darien, 21,952 17
" " at Macon, 4,917 67
" " at Mill edge ville, 4,351 75
" Bank notes, checks, &c.,
Cash Balance consists of
Darien Bank notes,
Other uncurrent notes
Milledgeville Man'g Stock,
Beceipts of J. Sturgis, Agent,
Hackett's Law Library,
54,180 00
11,968 00
1,000 00
500 00
400 00
373,000 00
6,556 17
15,875 00
L,914,517 22
325,000 00
176,471 51
50,000 00
221,762 25
105,010 74
419,078 63
186,316 01
74,607 06
4,236 66
22,310 37
7,000 00
120 00
334 17
3,077 49
857 87
134,975 28
58,787 49
100 00
6 61
32,884 73
91,581 25
1,914,517 52
SENATE.
149
Central Bank notes, 2,946 50
Current notes and checks, 20,586 75
Your Committee, even by an examination of the names
of the makers of the notes" and drawers of the bills, feel
that they would be unable to form an opinion upon which,
in protecting the credit of the State, it would be safe to
rely.
The Cashier of the Bank, (who is probably better author¬
ity than any other, from his knowledge of the situation of
these assets) expressed to your committee the opinion that
with due diligence the collections upon them might be re¬
lied upon for the payment of interest upon outstanding
bonds for three years. - Taking this estimate, these assets
will therefore be considered worth $77,910.
The amount in the annexd statement of "Real Estate"
is made up of the following items :
Lot of land "8. 1 taten for a claim of $m 34
A house lot in Marietta, ),7 « 1 # 1 ioj
Lot No. 12,10th Habersham f ^ken for a claun of 1,184 6o
House and lot in Albany, " " " '■ 1,500 00
" " " " Rome, " " " " 600 00
The house and lot in Marietta, your committee are in¬
formed, has been recently sold for $150.
In the cash balance are—
Stock in Milledgeville Man. Co. 1,000 00
1 Law Library, 400 00
This property, both real and personal, your committee
learn was taken by the officers of the Bank, in an effort to
secure as much as possible of the claims held against those
delivering the property.
The item " Darien Bank notes," is of course worthless;
and "Other uncurrent funds" is made up of bills of broken
banks, none of which, in the opinion of your committee, is
of any value.
Your committee are of the opinion that the following
may be considered the situation of the Bank, and the
amount which the State will have to provide when her
bonds become due.
Liabilities over cash assets, $370,205 28
Interest on this sum 2 years, 51,828 72
422,034 00
Amount of liability of State 1st.
January 1854, 422,034 00
Assets of Bank estimated ultimately good:
Bills and notes discounted 77,910 00
Milledgeville Man'g Stock, 1,000 00
2 lots of land in Cobb, 176 34
1 " " Habersham, (say) 250 00
150 JOURNAL, OF THE
1 House and lot in Albany 1,500 00
1 " " " Rome, 600 00
1 Law Library, 400 00
Am't of sale lot in Marietta, 150 00 $81,986 31
Liability of State after exhaust¬
ing assets of Bank 340 047 66
This liability will consist of bonds of the State bearing 7
per cent interest, the first one of which will be due in 1854.
It will be seen from the accompanying statement that
the amount of bonds outstanding on account of the Bank
is $373,000. By notice given in the public gazettes by the
Cashier, he called in a portion of the first emission of bonds.
Of the amount so called in, $2,000 are yet behind, and may
be looked for daily at the counter of the Bank for redemp¬
tion.
The immediate demands upon the Bank therefore may
be considered—
For redemption bonds called in 2,000 00
" amount due Planters' B'k, 6,252 51
8,252 51
"Which deducted frcm cash on hand 21,975 73
Will leave a balance of 13,723 22
From which deduct Central Bank
bills in circulation, 12,928 50
Leaving cash balance 794 72
Or assume that the balance of the bills in circulation
will never be presented, (and the probability is but few
will) and there will remain $13,723 22 for the payment in
part of interest soon to be paid on the bonds. The balance
to be paid within the next four months, must be provided
for from another source. That source must be the Treasu¬
ry ; and your committee are of opinion that the time has ar¬
rived when the public interest requires that the remaining
assets of the Bank should be transferred to the Treasury, and
measures adopted to wind up the affairs^of the Bank. Up¬
on the other items making up the credit side of the foregoing
statement, your committee deem it unnecessary to enter into
detail, farther than to state that none of them are in the least
available.
Mr. Bethune reported a Bill to amend the several Acts
incorporating Oglethorpe University.
Which was read the first time.
Mr. Farris reported a Bill to provide for the more speedy
and accurate adjustment and settling of sundry claims
against the Western and Atlantic Railroad.
Which was read the first time.
SENATE. 151
Mr. McCune reported a Bill for the relief of certain suit¬
ors in the Supreme Court ofG-eorgia.
"Which was read the first time.
The Senate resumed the consideration of the unfinished
"business of yesterday, to-wit:.
The Bill for the preservation of the rights of married wo¬
men, and the distribution of their estates.
After considerable discussion thereon, Mr. Simmons
moved to recommit so much of the Bill as 'relates to the
amendments adopted on yesterday.
Which was lost.
Mr. Slaughter moved to recommit the whole Bill.
Which was lost.
Mr. McCune moved that the Senate do now adjourn.
Which was lost.
The question recurred on the passage of the Bill, on
which the yeas and nays were required to be recorded, and
are, yeas 18, nays 19.
Those who voted in affirmative, are Messrs.
Anderson, Flournoy, Stroud,
Bethune, Flewellen, Simmons,
Connelly, Hicks, Tumlin,
Calhoun, Hardeman, Wolfe,
Day, McCune, Wellborn,
Dickinson, Heed, Watters.
Those who voted in the negative, are Messrs.
Bryan, Chappell, Mosely,
Butler, Farris, Moore,
Beavers, Harris, Hoss,
John L. Bird, Harman, Slaughter,
Philip M. Byrd, Knight, Walthour,
Cone, Little, Wright.
Coffee,
So the Bill was lost.
On motion the Senate adjourned until 10 o'clock to¬
morrow morning.
.152
JOURNAL OF THE
WEDNESDAY, Dec. 3,1851.
The Senate met pursuant to adjournment.
Mr. Hardeman moved to reconsider so much of the
Journal of yesterday as relates to the rejection of the Bill
for the preservation and protection of the rights of mar¬
ried women, $nd the distribution of their estates.
On which motion, the yeas and hays were required to<
he recorded, and are, yeas 26, nays 16.
Those who voted in the affirmative, are Messrs.
Anderson, Griggs, Slaughter,
Bethune, Hardeman, Spalding,
Calhoun, Hicks,w Stroud,
Conelly, Knight, Tomlinson,.
Crocker, Lawson, Tumlin,
Day, Little, Watters,
Dickinson, McCune, Wellborn,
Elewellen, Heed, Wolfe.
Elournoy, Simmons,
Those who voted in the negative, are Messrs.
Beavers, Coffee, Moore,
Bryan, Cone, Mosely,
Butler, Farris, Boss,
John L. Bird, Harman, Walthour,
■ P. M. Byrd, Harris, Wright.
Chappell,
So the motion prevailed.
The following message was received from the House of
Bepresentatives, by Mr. Sturgis, their Clerk :
Mr. President :—The House of Bepresentatives has
passed the following Bill of the Senate, to wit:
A Bill for the pardon of Garland D. Cornett, of the
county of Morgan, for the crime of murder.
The House of Bepresentatives have also concurred with
the Senate in a Besolution, requesting the Governor to al¬
low the Bev. George White to take from the State House
certain old newspapers, to aid him in the compilation of
the History of Georgia.
Also, in £L Besolution permitting the Bev. George White
to take from the Georgia Historical Society, certain manu¬
script volumes connected with the colonial History of Geor¬
gia, to enable him to complete his History of Georgia.
senate.
153
The following message was received from ITis Excel¬
lency the Governor, by Mr. Steele, his Secretary :
Me. President :—His Excellency the Governor, has ap¬
proved and signed,
" An Act to grant and secure to Charles D. Stewart and
others the right to erect, keep up, and maintain a dam
across a portion of the Chattahoochee River." •
"Which has been deposited in the office of the Secretary
of State.
Mr. Simmons from the Committee on Enrolment, re¬
ported as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate, the following Acts, to wit:
An Act to Incorporate the Southern Female College,
located in the town of Covington, Newton county, and to
authorize the Trustees of the Female Seminary of the
said county, to convey the lot of land in the town of Cov¬
ington, thereon the Female Academy now stands, to the
Trustees of said College.
And also, to Incorporate the Chalmers Female College
located at Scottsboro'.
Also, to Incorporate the Baptist Church of Christ at
Macon, and to appoint Trustees for the same.
Also, to amend an Act entitled an Act, to Iucorporate
Madison Collegiate Institute, assented to seventeenth
day of January, A. D., 1850.
Also, an Act to authorize and enable James Stewart, an
alien born resident, in the county of Pike, to purchase,
hold, and convey Real Estate, within this State.
Mr. Slaughter reported a Bill to change the boundary
line between the counties of Cobb and Cherokee.
Which was read the first time.
Mr. Connelly reported a Bill to authorize R.haesae Mc-
Croane, of the county of Bulloch, to build a bridge across
the Ogeechee River, and crossway the swamp thereof, on
his own lands in the counties of Bulloch and Scriven.
Which was read the first time.
Mr. Calhoun reported a Bill to -give to the -owners of
Saw Mills in this State, a lien on the building for the pay¬
ment of Lumber.
Which was read the third time.
Mr. Hardeman reported a Bill to regulate the advertis¬
ing of Clerks, Sheriffs, and other State and County offi¬
cers, to provide for the preservation of newspapers con¬
taining the same, and for other purposes.
Which was read the first time.
Mr. Harris reported a Bill to alter and change the line
between the counties of Lee and Sumter, so that Lot No.
Fifty-three, in the fifteent districth of Sumter, whereon Moses
154
JOURNAL OF THE
W. Bryan resides shall be added to, and included in the
county of Lee.
Which was read the first time.
Mr. Reed reported a Bill to alter and amend an Act en¬
titled an Act, to protect the Estates of Orphans, and to
make permanent provisions for the Poor, approved Decem¬
ber 18th; 1792, so far as relates to the amount of the bond
to be given by Administrators.
Which was read the first time.
Mr. Watters reported a Bill to change the line between
the counties of Cass and Eloyd, so as to add certain lots
of land therein named to .the county of Floyd.
Which was read the first time.
Mr. Flournoy reported a Bill to secure to W. T. Col¬
quitt and others, the use of that part of the water of the
Chattahoochee River belonging to the State, at and about
the city of Columb.us, and for other purposes therein men¬
tioned.
Which was read the first time.
Mr. Farris made the following Report:
The Committee to whom was referred an examination
into the affairs of the Asylnm for the Deaf and Dumb,
beg leave to submit the following Report:
After bestowing upon this very interesting subject our
most deliberate attention, materially aided by a personal
interview with the present efficient and intelligent Princi¬
pal of the Asylum; we also caused him to draw up for our
examination an expose of the present condition and wants
of the Institution, in order to enable it to accomplish those
truly benevolent ends for which it was designed.
The Committee unanimausly concur in opinion, that the
present annual appropriation of four thousand five hundred
dollars is entirely insufficient. The situation of no class ol
individuals can, in the opinion of the Committee, exceed
that of the indigent deaf and dumb in their appeals to the
generosity of the State through the sympathy of the Le¬
gislature.
Whilst our State, great in its resources, in its extent of
territory, and most fortunate in the Geographical position,
has contributed many thousands of dollars to works of In¬
ternal Improvement for the promotion of the comfort and
convenience of its citizens, of which we as Georgians,
ought justly to feel proud, yet, in providing for the ameli¬
oration of the condition of this unfortunate class, we are
behind the hindermost of our sister States. The fact has
been brought to the knowledge of your Committee that
NewYork appropriates annually to this object $40,000,
Virginia $25,000; five States, viz: Pennsylvania, Con¬
necticut, Ohio, Indiana and Illinois, each $20,000 ; Ken¬
tucky and North Carolina, each $15,000 ; Tennessee $10,-
SENATE.
155
000; Georgia $4,500. It appears to your Committee, that
there are in the State 300 deaf mutes, of whom 200 are
between the ages of ten and thirty years; of this latter
number, one hundred and twenty-fine are in indigent cir¬
cumstances. To board, clothe, and educate one of these
for twelve months, requires one hundred and seventy-five
dollars at a moderate estimate ; so it may be seen that
with the present appropriation of ($4,500,) four thousand
five hundred dollars, only twenty-five pupils can be accom¬
modated. We therefore, recommend that the annual ap¬
propriation of the Asylum be increased to ($11,000) eleven
thousand dollars, which will extend these estimable bless¬
ings to sixty, nearly one-half of these unfortunate fellow-
beings, many of whom by this assistance being additional¬
ly learned a good trade in some one of the mechanical arts,
may be returned as valuable members of society, instead
of contributing to swell the pauper list already sufficiently
large, and we will have the consolation of knowing that
we have been instrumental in opening up to their vision
all those sublime truths revealed to man in the pages of the
Bible.
The next object which strikes the attention of the Com¬
mittee, is the want of large slates properly fitted up, so as
to supercede the use of black boards, which from constant
use, often require repainting, and are consequently, wholly
unsuited to the wants of the pupils to whom all instruc¬
tion has to be communicated through the eye; the esti¬
mate probable cost of a sufficient supply of large slates is
$400.
Your Committee are also favorably disposed towards the
project of construcing a water dam in the creek which
runs near the Asylum, by which they are informed a suffi¬
cient elevation of water can be procured to supply a beau¬
tiful artificial fountain, and by connecting with this struc¬
ture, water-pipes, the building may at all times be supplied
with water for various purposes. Thus for the trifling out¬
lay of three hundred dollars, its estimated probable cost,
we have erected for those who are providentially deprived
of one of the avenues of happiness and enjoyment, a
structure which combines the attributes of ornamental
taste and utility.
Again, in the opinion of the Principal, with which the
Committee fully concur, the term of four years, which is
all the time at present allotted for the curriculum of studies
of the Deaf Mutes in the Georgia Assylum, is entirely too
limited for. them to acquire that thorough and extensive
education which it is desirable they should have upon
leaving the Institution. The early part of the training and
disciplining the mind of the deaf mute pupil is both tedi¬
ous and perplexing. It has to be addressed by agencies
156
journal of the
and expedients, which often tax the patience, the skill,
and ingenuity of the instructor. It will not, therefore, he
expected that this class of pupils having to be addressed
in this indirect manner, will as readily or as speedily re¬
ceive instruction. The capacity of the mind to ^ receive
intelligence being always corelative to the acquisition it
has made ; they now have to leave just at the time when
they could be most benefitted. We have'thought proper,
therefore, to recommend that-the term of stay should be
increased to six years; all of which is respectfully sub¬
mitted.
On motion of Mr. McCune, fifty copies of the Reports
of the Committees on Finance and Deaf and Dumb Asy¬
lum was ordered to be printed for the use of the Senate.
Mr. Cone laid upon the table the following Resolution:
Resolved by the Senate of the State of Georgia, That in
all cases the hour of adjournment shall first be decided be¬
fore any motion to adjourn shall be in order.
Mr. Mosely, from the Committee on Banks, made the
following Report:
The Committee to whom was referred the Bill entitled
an Act to Incorporate a Bank in the city of Atlanta, to be
called the Atlanta Bank, report the same back to the Sen¬
ate with amendments.
Mr. Harman made the following Report:
Mr. President :—I am directed by the Committee on
the Judiciary to whom the Bill " to alter and amend the
first paragraph of the second section of the first article of
the Constitution of this State
And also, the Bill " to limit the bringing Bills of Re¬
view to three years frond the date of the decree," were re¬
ferred, to report the same back without amendment, and
ask for them the favorable consideration of the Senate.
And also, to report back the Bill entitled an Act, to al¬
ter and amend the eighth section of the fourth division of
the Penal Code of this State, amended by striking from
the last lines of the first section the word " four," and in¬
serting the word " threeand from the same line, striking
out the word " twenty" and inserting in lieu thereof the
word ten ;" and ask for the same, so amended, the fa -
vorable consideration of the Senate.
All of which is respectfully submitted.
Mr. Harman made the following Report:
Mr. President :—The Select Committee on Incorpora¬
tions have directed me to report a Bill " to Incorporate the
Sweetwater Manufacturing Company," without amend¬
ment, and recommend its favorable consideration.
A Bill to be entitled an Act, to Incorporate the Colum¬
bus and Greenville Plank Road and Turnpike Company,
and the Columbus and Lannahassee Plank and Turnpike
senate. 157
Road Company, and for other purposes therein mentioned,
to which they propose the following amendments, to wit,
after the 9th section :
Section 3. And be it further enacted, That Richard
Peters, R. A. Williamson, and Alexander TV. Mitchell, of
the county of DeKalb, and James Rogers, of the county
of Campbell, or a majority of them, and their successors-
and assigns be, and they are hereby declared and consti¬
tuted a body corporate and politic, under the name and
style of the Atlanta and Sweetwater Plank and Turnpike
Rpad Company, for the purpose of constructing a Plank
and Turnpike Road, or either, from the city of Atlanta by
the Sweetwater Factory in Campbell county, with the priv¬
ilege of extending the same by Yilla Rica or Carrollton to
the Alabama line, at such point on such line as may be
deemed expedient, together with such extensions, branches,
and bridges, as may be deemed expedient by said Com¬
pany.
They propose also, to amend the 11th section, by insert¬
ing in lieu of " Company," the word " Companies," and
after the word ninth " and tenth sections."
They have also directed me to report a Bill to be enti¬
tled an Act to Incorporate the Male Academy of Atlanta,
and appoint Trustees for the same, with the following ad¬
ditional section as an amendment:
And be it further enacted, That Daniel Denham, George
TV. Ray, Eustace H. Reeves, Benjamin F. Tarbot, Robert
B. Mann, Anderson Worthy, and Jesse DeLoach, and
their successors, be and they are hereby declared, to be a
body corporate and politic by the name and style of the
Trustees of the Flint River Academy, with all the privi¬
leges granted in the preceding section of this Act. *
On motion of Mr. Slaughter, the Bill for the preserva¬
tion and protection of the rights of Married Women,
and the distribution of their estates;
Was taken up and made the special Order of the Day
for Thursday the 11th instant.
Mr. Slaughter laid upon the table the following Resolu¬
tion :
Besolved by the Senate, That his Excellency the Gov¬
ernor, be requested to furnish this branch of the General
Assembly, what amount of arms are due the State of
Georgia by the General Government.
Which was taken up, read and agreed to.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to Incorporate a Savings Bank in the
city of Augusta.
Mr. Harman moved to amend by adding the following:
as an additional section:
Be it further enacted, That the members of the " Re-
158
JOURNAL OF THE
publican Blues' Building and Loan Association," and of
"The Chatham Mutual Loan Association," of the city of Sa¬
vannah, and the members of "The Franklin Building and
Loan Association," and of " The Oglethorpe Infantry Loan
Association," of the city of Augusta, respectively, their
successors and assigns, be, and they are hereby, made and
created bodies politic and corporate for the purposes of
their association, and under the constitutions and by-laws
heretofore respectfully adopted by them, with power to
sue and be sued, to make and adopt all such rules and
regulations and amendments of their said constitutions
and by-laws, as they may deem advisable, with power to
receive and to hold, and dispose of any and all property
conveyed and mortgaged as security for any loan or debt,
and no member of either of said associations shall transfer
any portion of his or her shares, or interest therein, with¬
out the consent of the Directors, unless all debts and loans
due from him shall be paid.
"Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to after and change the line between
the counties of Paulding and Floyd, so as to include the
residence of D. H. Hampton, in the county of Floyd.
On motion of Mr. Watters, the same was referred to a
Select Committee, consisting of Messrs. Watters, Tumlin,
and Har,ris.
On motion of Mr. Anderson, the Order was suspended,
And the Senate took up, as the Report of the Commit¬
tee of Whole, the Bill to ratify the contracts for the pur¬
chase of Iron for the Western and Atlantic Railroad, made
by the Governor and Chief Engineer, and to provide means
for the payment of the same.
The Report was agreed to.
The Bill was read the third time and passed; and
On motion of Mr. Anderson, the Secretary was directed
to carry the same forthwith to the House of Representa¬
tives.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to Incorporate a Bank in the city of
Atlanta, to be called the Atlanta Bank.
Which on motion of Mr. McCune, was made the special
Order of the Day for Wednesday the 10th instant.
The Senate took up as the Report of the Committee of
the Whole, the Bill to allow William F. Crockett, a lame
and infirm man, a citizen of the county of Heard, to vend
and peddle in the Fourth Congressional District, free of tax.
SENATE.
159
Mr. Reed moved to amend by " excepting the counties
of Troup and Harris."
Which was agreed to.
Mr. Harman moved to amend, by adding the following
proviso :
" Provided, also, that he shall not be permitted to ped¬
dle in any county in said District, without first getting the
consent of the Grand Jury of such county as he may de¬
sire."
Mr. Reed moved to postpone the Report and Amend¬
ment, indefinitely;
On which motion the yeas and nays were required to be
recorded, and are—yeas 15, nays 22.
Those who voted in the affirmative are Messrs.
Calhoun, Flour noy, Reed,
Cone, Hardeman, Simmons,
Crocker, Hicks, Tumlin,
Dickinson, Little, W atters,
Flewellen, Moore, Wellborn.
Those who voted in the negative, are Messrs.
. Anderson, Day, Mosely,
Beavers, Farris, Ross,
Bryan, Harman, Slaughter,
Butler, Harris, Tomlinson,
Philip M. Byrd, Knight, Walthour,
John L. Bird, Lawson, Wolfe,
Chappell, McCune, Wright.
Coffee,
i So the motion was lost.
Mr. Knight moved that the Report and Amendment be
referred to a Select Committee.
Which motion was lost.
The question then recurred on receiving the amendment
of Mr. Harman.
Which was lost.
The Report as amended, was agreed to.
And on the question, u shall this Bill now pass %' the
yeas and nays were required to be recorded, and are, yeas
15, nays 21.
Those who voted -in the affirmative, are Messrs.
Beavers, Chappell, Lawson,
Bryan, Coffee, McCune,
160
JOURNAL OF THE
Butler, Farris, Mosely,
Jolin L. Bird, Harris, Stroud,
Philip M. Byrd, Knight, Wright.
Those who voted in the negative, are Messrs.
Calhoun, Hardeman, Simmons,
Cone, Harman, Slaughter,
Crocker, Hicks, Tomlinson,
Day, Little, Tumlin,
Dickinson, Moore, Walthour,
Flewellen, Reed, Watters,
Flournoy, Ross, W ellborn.
So the Bill was lost.
The following message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Mr. President :—The House of Representatives have
agreed to a Resolution, referring the question of the lien
of Judgments upon property that has passed from the pos¬
session of defendants in verdict or judgment, by bona fide
sale, to the people, at the next General Election to be held
on the first Monday in October, 1853 ; and I am directed
to bring the same to the Senate forthwith, and ask their
concurrence in the same.
Mr. Knight from the Select Committee, to whom was
referred the Bill to require the Stockholders of the Bruns¬
wick Canal and Railroad Company, to pay an assessment
to complete said Canal, and for other purposes, reported
the same back to the Senate with an amendment.
The Senate took up as the Report of the Committee of
the Whole, the Bill to amend an Act, passed .on the
twelfth day of December, in the year eighteen hundred
and forty-nine, entitled " an Act, to regulate the Fees of
Attornies and Solicitors General, and other purposes there¬
in specified."
The Report was agreed to.
The Bill was read the third time ;
When Mr. Wellborn moved to recommit the Bill.
Which was lost.
The question then recurred on the passage of the Bill,
on which the yeas and nays were required to be recorded,
and are yeas 15, nays 24.
Those whe voted in the affirmative, are Messrs.
Bethune,
Bryan,
Butler,
Hardeman,
Harman,
Hicks,
Moore,
Simmons,
Slaughter,
SENATE. 161
Connelly, Knight, Strond,
Farris, Lawson, "Wolfe.
Those who voted in the negative, are Messrs.
Beavers, Bay, Heed,
John L. Bird, Dickinson, Ross,
P. M. Byrd, Flewellen, Tomlinson,
Calhoun, Flournoy, Tumlin,
Chappell, Harris, Walthour,
Coffee, Little, Wattfrs,
Cone, McCune, Wellborn,
Crocker, Mosely, Wright.
To the Bill was lost.
The Senate took up as the Report of the Committee of
the Whole, the Bill to Incorporate the Sweet Water Manu¬
facturing Company.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to incorporate the Columbus and
Greenville Plank Road and Turnpike Company and the Co¬
lumbus and Lannahassee Plank and Turnpike Road Com¬
pany, and for other purposes therein mentioned.
The Select Committee on Corporations moved to amend
by adding the following as an additional section, to become
section ten in the Bill:
And be it further enacted, That Richard Peters, R. A.
Williamson and Alexander W. Mitchell of the county of
DeKalb, and James Rogers of the county of Campbell,
or a majority of them, and their successors and assigns,
be and they are hereby declared and constituted a body
corporate and politic, under the name and style of the
" Atlanta and Sweet Water Plank and Turnpike Road
Company," for the purpose of constructing a Plank and
Turnpike Road, or either, from the city of Atlanta, by the
Sweet Water Factory in Campbell county, with the privi¬
lege of extending the same by Yilla Rica or Carrollton to
the Alabama line, at such point on such line as may b
deemed expedient, together with such extensions, branches
and bridges as may be deemed expedient by said Com¬
pany.
Which was agreed to.
And on reading the tenth section as follows:
Be it f urther enacted, That the said Company in the
ninth section named, shall be subject to all the rules and
regulations and restrictions, and shall be and are hereby
vested with all the rights, privileges and immunities, bene-
tr
162 JOURNAL OF THE
fits and advantages which are stipulated, conferred, grant¬
ed and conveyed to the Columbus and Greenville Plank
and Turnpike Road Company, with a capital stock not to
exceed one hundred and fifty thousand dollars.
The Select Committee on Corporations moved to amend
by striking out the word " company," and inserting in lieu
thereof the word " companies."
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senat^took up, as the Report of the Committee of
the Whole, the Bill to incorporate the Male Academy of
Atlanta, and to appoint Trustees for the same.
The Select Committee on Incorporations moved to amend
by adding the following as an additional section:
And be it further enacted, That Daniel Denham, George
W. Ray, Eustace H. Reev.es, Benjamin F. Torbert, Robert
B. Mann, Anderson Worthy and Jesse DeLoach, and their
successors, be and they are hereby declared to be a body
corporate and politic, by the name and style of " The
Trustees of the Flint River Academy," with all the privi¬
leges granted in the preceding section of this Act.
Which was agreed to.
The Report as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to alter and amend the eighth section
of the Fourth Division of the Penal Code of this State.
And on reading the first section as follows :
Be it enacted, That the eighth section of the Fourth
Division of the Penal Code shall be and the same is here¬
by altered and amended to read as follows, to-wft: Volun¬
tary manslaughter shall be punished by confinement and
labor in the Penitentiary for a term of not less than four,
or longer than twenty years.
The Committee on the Judiciary moved to amend by
striking out the word " four," and inserting the word
" three," and striking out the word " twenty," and insert¬
ing the word " ten."
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to require the stockholders of the
Brunswick Canal and Railroad Company to pay an assess¬
ment to complete said Canal, and for other purposes.
The Select Committee, to whom the Bill was referred,
moved to amend by striking out all after the enacting
clause, and inserting the following:
" That the Act passed on the twentieth day of Decern-
SENATE.
163
ber, 1834, by wbich the Brunswick Canal and Railroad
Company was incorporated with vested powers, rights and
privileges, be and the same is hereby revived and made
of full force, and t'he stockholders in said Company autho¬
rized to proceed under the same,-with all the powers,
rights and privileges therein granted for the construction,
completion and use of their works."
And le it further enacted, That the Board of Directors
of said Company shall have poverto make assessments
from time to time as circumstances in their judgment may
require, upon the stockholders, and upon fqjlure to pay
any such assessment after thirty days' notice thereof in a
public gazette of Savannah has been given, by any stock¬
holder, his or her stock in said Company may be declared
forfeited by said Board of Directors, and the same pro¬
ceedings shall be had in relation thereto as is provided in
the thirteenth section of the aforesaid Act in relation to
the forfeiture of stock for the non-payment of enstallments.
And be it further enacted, That said assessment shall
only be made for the completion of the Canal, and shall
be in equal ratio upon the stockholders, according to their
respective shares or interests; Prodded, always, that n0
assessment shall be made against the State on account of
its interest in the said Company ; which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
Mr. Simmons from the Committee on Enrollment, report¬
ed as duly enrolled and ready for the signature of the Pre
sident of the Senate:
An Act to authorize and require the Justices of the In¬
ferior Court of the county of DeKalb, to pay Jonathan M.
Iladden and Sophia A. Clark out of the Poor School
Eund of said county, for the years 1851 or 1852, the
amount the said Hadden was entitled to receive for teach¬
ing poor children in the years 1846 and 1849, and the
amount the said Sophia A. Clark was entitled to receive
for teaching poor children in the years 1847 and 1848.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole House :
A Bill to amend the several Acts now in force regulat¬
ing the fees of Magistrates and Constables in the State of
Georgia, so far as relates to the county of Bibb, and to pro¬
vide for collecting the same.
»A Bill for the relief of certain Suitors in the Supreme
Court of Georgia.
A Bill to organize a Yolunteer Battallion in the city of
Savannah, to be called the Independent Yolunteer Battal¬
lion of Savannah. :
A Bill for the relief of the Teachers of poor children of
the county of Hall, for the years 1844 and 1846.
164
JOURNAL OF THE
A Bill to alter and amend the Militia Laws of Georgia,
so far as they relate to the 1st Begiment, 1st Brigade, 1st
Division Georgia Militia.
The following Bills were taken up, read the second time,
and referred to the Select Committee on Corporations:
A Bill to incorporate Mount Zion Academy in the county
of Murray, and appoint Trustees for the same.
Also, a Bill to incorporate the village of Cave Spring, in
the county of Floyd, and to appoint Commissioners for
the same.
Also, a B*L to amend the several acts incorporating
Oglethorpe University, &c.
Also, a Bill to incorporate the Georgia Mechanical and
Manufacturing Institute of the State of Georgia, and to
confer certain privileges on the same.
The Bill to incorporate the Coosa and Chattooga Fiver
Bailroad Company
Was taken up, read the second, time and referred to the
Committee on Internal Improvement.
The Bill to lay off and form a new county out of the
counties of Carroll, Campbell, Paulding and Cobb, to he
called the county of Eldorado, and to locate the county
site thereof, and to provide for the election of members
of the Legislature and County Officers, and define the
time of holding the Superior and Inferior Courts of said
county,
Was taken up, read the second time, and referred to the
Select Committee on New Counties.
The Bill to provide for the more speedy and accurate
adjustment and settlement of sundry claims against the
Western and Atlantic Bailroad,
Was taken up, read the second time, and referred to the
Committee on the Judiciary.
The following Bills of the House of Bepresentatives
were taken up and read the first time :
A Bill to authorize Obadiah T. Dickinson, the present
County Surveyor of Babun county, to resurvey a part of
the first and second districts of said county, and to appro¬
priate money for the same.
Also, a Bill making it the duty of the Governor when¬
ever the public interest shall require, to cause the Assets
of the Central Bank to be deposited in the Treasury of
the State.
Also, an Act, passed at the session of the last General
Assembly, to alter and amend the third section of the
third article of the Constitution of the State of Georgia.
On motion, the Senate adjourned until 10 o'clock to¬
morrow morning.
senate.
165
THUKSDAY, Dec. 4,1851.
Tne Senate met pursuant to adjournment.
Mr. Wright moved to reconsider so much of the Journal
of yesterday as relates to the rejection of the Bill to allow
Wm. F. Crockett, a lame and infirm man, a citizen of the
county of Heard, to peddle in the Fourth Congressional
District free of tax.
Which was lost.
Mr. Slaughter moved to reconsider so much of the Jour¬
nal of yesterday as relates to the rejection of the Bill
amendatory of an Act passed the 12th of December, 1849,
entitled an Act to regulate the fees of Attorneys and Soli¬
citors General, and for other purposes therein specified.
Which was lost.
Mr. Harman moved to reconsider so much of the Jour¬
nal of yesterday as relates to the action of the Senate on
the Bill to incorporate the Sweet Water Manufacturing
Company.
Which was agreed to.
Mr. Harman, Chairman of the Committee on Incorpora¬
tions, made the following Beport:
Mr. President:—The Committee on Incorporations
have had under consideration the Bills to incorporate Pis-
gah Baptist Church, in the county of Floyd, and the Bap¬
tist Church at Marietta; and have instructed me to report
lthe same hack to the Senate with a substitute for the
same.
All of which is respectfully submitted.
Mr. Harman, from the Committee on Enrollment, re¬
ported as duly enrolled and ready for the signature of the
President of the Senate :
An Act for the pardon of Garland D. Cornett, of the
county of Morgan, now under sentence of death for the
crime of murder.
Mr. Harris presented the petition of David H. James,
praying that the amount with which he was double taxed
be refunded, as he was prevented by sickness in his family
from making his returns at the proper time.
Which, on his motion, was referred to the Committee
on Finance without being read.
Mr. Harman reported a Bill to incorporate the Lanier
House Company.
Which was read the first time.
Mr. Lawson reported a Bill to incorporate Perry Chap¬
ter, Number 18, Houston Lodge No. 35; and also Thur¬
mond Lodge No. 107, and for other purposes.
Which was read the first time.
166
JOURNAL OF THE
Mr. "Wellborn reported a Bill to limit the lien of Judg¬
ments rendered in any of the courts of this State.
Which was read the first time.
Mr. Calhoun reported a Bill to limit the time for taking
out grants to the State's • half and the informer's half of
any lot of land fraudulently drawn in any of the land and
gold Lotteries of this State, and to provide for the grant¬
ing of the same after the expiration of said time.
Which was read the first time.
Mr. Bethune reported a Bill to amend an Act to extend
to the several counties of this State the provisions of an
Act to give Masons and Carpenters an incumbrance for
debts due on account of work done, &c., so far as to grant
like privileges to Painters.
Which was read the first time.
Mr. Moore, from the Select Committee on New Coun¬
ties, to whom was referred the Bill to lay out and organize
a new county from the counties of Paulding and Lloyd,
attach the same to a Senatorial, Judicial and Congressional
District, and to attach a portion of Cobb county to tlie
county of Paulding, and to provide for the location of a
county site in such new county7, and also in the county of
Paulding, makes the following Keport:
That the Committee have had the same under considera¬
tion, and beg leave to report it back with the following
amendments, and ask of the Senate the favorable considera¬
tion of the Bill:
Strike out in the first section all between the wordj
" South arid thence," and insert the following in lieu there¬
of : " West corner of lot of land number four hundred and
eight, in the first district of the third section of now
Paulding county, running thence due North to Soutli-
West corner of lot of land number twelve hundred and
eeventyT-nine, in the eighteenth disiriet of the third section
of the last named county7, running West of North until
the line reaches the North-West corner of lot of landmmf
ber thirty-one, in the eighteenth district of the third sec¬
tion, where it reaches the line dividing the counties ot
Cass and Paulding, thence West along the line dividing
the counties of Cass and Paulding until the line shall
reach the South-East corner of lot of land number three
hundred and forty-two, in the twenty-second district of the
third section of now Eloyrd county7, thence due North along
the line dividing the counties of Cass and Floyd, until the
line reaches the South-East corner of lot of land number
three hundred and thirty-eight, in said last named district."
Strike out the word u Cherokee " in the first section, and
insert the word " Blue Bidge."
Insert in the first blank of said section the word " first,"
and in the second blank the word " eleventh "
senate.
167
Strike out in the third section the words " and at Cave
Spring, now in the county of Floyd, in the third district
of the fourth section." Also strike out in said section the
words " the returns of said election to be consolidated at
Cedar Town."
Also, fill up in the eighth section the first blank with
the word " third," the second blank with the words " Feb¬
ruary and August," the third blank with the word " third,"
and the fourth blank with the words " April and October."
They have also had under consideration the petition
from sundry citizens of Floyd and Paulding counties,
praying the formation a new county from parts of said
counties, embracing certain boundaries therein designated;
and direct me to report the petition back to the Senate, and
beg to.be discharged from further consideration of the
same.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President: The Flouse of Representatives have
concurred with the Senate in their Resolution, making the
Committtees of the two Houses on Public Education and
Fee Schools a Joint Committee.
The following Message was received from his Excel¬
lency the Governor by Mr. Steele his Secretary :
Mr. President : His Excellency the Governor has ap¬
proved and signed an Act for the pardon of Garland D.
Cornett, of the county of Morgan, for the crime of mur¬
der, which has been deposited in the office of the Secretary
of State.
Mr. Harman, from the Committee on Enrollment, re¬
ported as duly enrolled, and ready tor the signature of the
President of the Senate :
An Act to compensate the petit Jurors of the county of
Harris.
Also, as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President,of the-Senate :
An Act to ratify the contract for the purchase of iron
for the Western and Atlantic Railroad, made by the Gov¬
ernor and Chief Engineer, and to provide means for the
payment of the same.
The Senate took up as the Report of the Committee of
the Whole, the Bill to lay off and organize a new county
from parts of the counties of Paulding and Floyd, attach
the same to a Senatorial, Judicial and Congressional Dis¬
trict, and to attach a portion of Cobb county to the county
of Paulding, and to- provide for the location of a county
site in such new county, and also in the county of Pauld-
ing.
And on reading the 1st section as follows :
168
JOURNAL OF THE
That from and after the first day of April next, a new
county shall be laid out and organized from the counties of
Paulding and Floyd, to be included within the following
limits, to-wit:
Beginning at the South-East Corner of lot of land num¬
ber two hundred and ninety-six, in the first district of the
third section of now Paulding county, running the line
thence due North through the first and nineteenth dis¬
tricts of the third section of the last named county, until
the line reaches the South-West corner of lot number
twelve hundred and sixty-three, in the eighteenth district
of the third section, until the line shall intersect with the
head waters of Hill's Creek, in the said last named county,
thence down the main stream of said Creek until it reaches
the county line of Cass, thence West along the line divid¬
ing the counties of Paulding and Cass, until the line shall
reach the South-East corner of lot of land number three
hundred and forty-two, in the twenty-second district of the
third section of now Floyd county, thence due North along
the line dividing the counties of Floyd and Cass until the
line reaches the North-East corner of lot of land number
three hundred and thirty-five, in the twenty-second district
of the third section of now Floyd county, thence due West
through the twenty-second district of the third section, the
third district of the fourth section, until it reaches the line
dividing the States of Georgia and Alabama, thence East
of South along the line dividing said States until it reaches
the South-West corner of the county of Paulding, thence
South of East along the line dividing the counties of Car¬
roll and Paulding until it reaches the South-East corner of
lot of land number two hundred and ninety-six, in the
first district of the third section of now Paulding county,
the starting point.
The Committee on New Counties moved to amend by
striking out all between the words " South and thence,"
and insert the following in lieu thereof:
" West corner of lot of land number four hundred and
eight, in the first district of the third section of now Pauld¬
ing county, running thence due North to South-West cor¬
ner of lot of land number twelve hundred and seventy-
nine, in the eighteenth district of the third section of the
last named county, running thence West of North until
the line reaches the North-West corner of lot of land num¬
ber thirty-one, in the eighteenth district of the third sec¬
tion, where it reaches the line dividing the counties of
Cass and Paulding, thence West along the line dividing
the counties of Cass and Paulding until the line shall
reach the South-East corner of lot of land number three
hundred and forty-two, in the twenty-second district of the
third section of now Floyd county, thence due North along
SENATE.
169
the line dividing the counties of Floyd and Cass, until the
line reaches the South-East corner of lot of land number
three hundred and thirty-eight, in said last-named district."
Mr. Watters moved to amend by striking out the follow¬
ing words:
" South-East corner of lot of land number three hun-
drd and forty-two, in the twenty-second district of the
third section of now Floyd county," and insert in lieu
thereof the following: " South-East corner of the twenty-
second district, and third section of lot of land number
three hundred and forty-two, thence "West along the line
dividing the counties of Floyd and Paulding to the Ala¬
bama line."
Upon which motion the yeas and nays were required to
be recorded, and are—yeas 21, nays 19.
Those who voted in the affirmative are Messrs.
Beavers, Day, Little,
Bryan, Dickinson, Peed,
Butler, Farris, Stroud,
John L. Bird, Harman, Walthour,
Philip M. Byrd, Harris, Watters,
Calhoun, Hicks, W ellborn,
Cone, Knight, Wright.
Those who voted in the negative, are Messrs.
Anderson, Griggs, Boss,
Bethune, Hardeman, Slaughter,
Chappell, . Lawson, Spalding,
Coffee, McCune, Tomlinson,
Crocker, McBae, Tumlin,
Flewellen, Mosely, Wolfe.
Flournoy,
So the motion prevailed.
The section as amended was agreed to.
And on reading the second section as follows:
Be it further enacted, That the new county described
in the first section of this Aet shall be called and known
by the name of , and shall be attached to the For¬
tieth Senatorial District, the Cherokee Judicial Circuit, and
the Fifth Congressional District, and to the Brigade
of the Division Georgia Militia.
Mr. Anderson moved to fill the first blank with the
word " P(fik," in honor of James K. Polk, late President
of the United States.
Which was agreed to.
170 .JOUKNAL OF THE
The Committee on New Counties moved to strike out
tho word " Cherokee," and insert the words " Blue Bidge."
Which was agreed to.
The Committee on New Counties further moved to fill
the second blank with the word " first," and the third blank
with the word " eleventh."
Which was agreed to.
And on reading the third section as follows:
Be it further enacted, That the persons included within
said new county entitled to vote for the same shall, on the
first Monday in April next, elect five Justices of the Infe¬
rior Court, a Clerk of the Superior and Inferior Courts
each, a Sheriff and Coroner, a Tax Collector and Beceiver
of Tax Beturns, and County Surveyor for said county;
and that the election of said county officers shall be held
at Cedar Town Court House, now in the county of Pauld¬
ing, and at Cave .Spring, now in the county of Ployd, in
the third district of the fourth section, and shall be super¬
intended in the manner prescribed by law; and the Gov¬
ernor, on the same being certified-to him, shall commission
the persons returned to him as elected at such elections,
to hold their offices respectively for the terms prescribed
by law, the returns of said election to be consolidated at
Cedar Town; and that the Justices of the Inferior Court,
after they shall have been commissioned, shall proceed to
lay off said county into Militia Districts, and advertise for
the election of the requisite number of Justices of the
Peace in such districts ; and the Governor, on being duly
certified of the elections of such Justices of the Peace,
shall commission them according to law.
The Committee on New Counties moved to amend by
striking out the words " and at Cave Spring, now in the
county of Floyd, in the third district of the fourth sec¬
tion," and also the words " the returns of said elections to
be consolidated at Cedar Town." .
Which was agreed to.
On reading the fourth section, Mr. Harman moved to
amend by adding the following:
" And that the Inferior Court reimburse the citizens of
"Van Wert from the proceeds of the sale of town lots at
the new county site, for the depreciation of value in their
town property in the corporate limits of Van Wert, caused
by the removal of their public buildings ; said deprecia¬
tion to be determined by five freeholders to be appointed
by the Judge of the Superior Court." Which was lost.
On reading the eighth section as follows :
Be it further enacted, That the Superior Courts for said
new county shall be held on the Mondays in
, and and the Inferior Courts on the
Mondays in , and
SENATE.
171
The Committee on Hew Counties moved to fill the first
blank with the word " third," the second blank with the
words " February and August," the third blank with the
word " third," and the fourth blank with the words " April
and October."
Which was agreed to.
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 re¬
quired to be recorded, and are, yeas 26, nays 15.
Those who voted in the affirmative, are Messrs.
Anderson, Dickinson, McCune,
Bethune, Farris, McRae,
Butler, Flewellen, Mosely,
John L. Bird, Flournoy, Slaughter,
Calhoun, Griggs, Tomlinson,
Chappell, Hardeman, Tumlin,
Cofiee, Harris, Walthour,
Connelly, Ivnight, Wolfe.
Crocker, Lawson,
Those who voted in the negative are Messrs.
Beavers, Foster, Heed,
Bryan, Harman, Ross,
Philip M. Byrd, Hicks, Stroud,
Cone, Little, Watters,
Day, Moore, Wellborn.
So the Bill was passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to incorporate Pisgah Baptist Church,
in the county of Floyd.
The Committee on Incorporations moved to amend by
striking out all after the enacting clause, and inserting in
lieu thereof the following:
That David Dobbs, John M. Edge, William H. Robert,
T. D. Key, A. S. Smith and William S. Tweedle, be and
they are hereby constituted a body corporate and politic,
by the name and style of the Trustees of the Marietta
Baptist Church, in the village of Marietta and county of
Cobb, and that they shall have a perpetual succession and
a common seal, and they and their successors by the name'
aforesaid, shall be able and capable, in law and equity, to
possess, purchase, receive and retain to them and their
successors forever, any lands, tenements, rents, issues,
goods and chattels of any kind whatsoever, which may
172 journal of the
have been given to or purchased by said Trustees for the
use of said Church, and the same to dispose of in what¬
ever manner they shall adjudge most beneficial for the use
thereof, and by the name aforesaid shall be able and cap¬
able to sue and be sued, implead and be impleaded, answer
and be answered in any court of law or equity.
Sec. 2. And be it further enacted, That all vacancies
occurring by death, resignation, removal or otherwise,
shall be filled by said Church at a regular Church meeting,
and that any five of the Trustees be a quorum and autho¬
rized to exercise all the powers granted by this Act; and
that said Trustees shall have power to make all by-laws,
rules and regulations necessary to carry their powers into
effect, not repugnant to the Constitution and Laws of this
State or of the United States.
Seo. 3. And be it f urther enacted, That Alven Dean,
Absalom Dawkins and Joseph J. Hardin, and their suc¬
cessors in office, be and they are hereby declared to be a
body corporate and politic, under the name and style of
Pisgah Baptist Church of the county of Floyd, and as
such may have a common seal, sue and be sued, plead and
be impleaded, recover and hold property conveyed to
them, and transfer and sell the same at pleasure, and that
said Trustees and their successors shall have power to fill
all such vacancies that may occur in their body, and make ,
such by-laws and regulations as they may deem proper;
Provided the same shall not be contrary to the Constitu¬
tion and Laws of this State or of the United States.
Seo. 4. And be it further enacted, That John D. Stell,
James J. Whitaker, John Murphy, Jeptha Murphy, John
B. Allen, "William H. Wooten and John Hash, and their
successors, be and they are hereby declared to be a body
corporate and politic, under the name and style of Trustees
of the Baptist Church of Christ at Fayetteville, Fayette
county, and by such name and style shall have power to
hold, possess and enjoy property, real and personal, and
transfer the same at pleasure, may sue and be sued, plead
and be impleaded, and may pass any-rules and by-laws
for their government not contrary to the Constitution and
Laws of this State or of the United States ; and said Trus¬
tees, or a majority of them, may fill any vacancy that may
occur in their body.
Seo. 5. And be it further enacted, That all laws and
parts of laws militating against this Act, be and the same
are hereby repealed.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to add lot of land Ho. sixty-two (62),
SENATE. 173
in the seventh district of originally Baldwin, now Twiggs
county, to the county of Bibb.
The Report was ageed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill for the relief of Philip Whisenhunt
and Henry W. Gibbs, of the county of Carrol.
The Report was agreed to. •
The Bill was read the third time ; and on the question,
" Shall this Bill pass ?" the yeas and nays were required
to be recorded, and are—yeas 12, nays 27.
Those who voted in the affirmative, are Messrs.
Anderson, Connelly, Harris,
Beavers, Day? McCune,
Bryan, Farris, Watters,
Coffee, Harman, Wright.
Those who voted in the negative, are Messrs.
J oh n L. Bird, Griggs, Reed,
Philip M. Byrd, Hardeman, Ross,
Calhoun, Hicks, Slaughter,
Chappell, Knight, Stroud,
Cone, Lawson, Tomlinson,
Crocker, Little, Tumlin,
Dickinson, McRae, Walthour,
Flewellen, Moore, Wellborn,
Foster, Mosely, Wolfe.
So the Bill was lost.
The Senate took up as the Report of the Committee of
the Whole, the Bill in relation to Bonds, Bills, Promissory
Hotes, and other instruments. » m
Which, on motion of Mr. Foster, was referred to the
Committee on the Judiciary.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to amend the several Acts now in
force regulating the fees of Magistrates and Constables in
the State of Georgia, so -far as relates to the county of
Bibb, and to' provide for collecting the same.
Which, on motion of Mr. Moore, was referred to the
Committee on the Judiciary.
The Senate took up, as the Report of the Committee of
the Whole, the Bill for the relief of certain suitors in the
Supreme Court of Georgia.
Which, on motion of Mr. McCune, was referred to the
Committee on the Judiciary.
174: . JOTJBNAXi OF THE
The Senate took up, as the Report of the Committee of
the "Whole, the Bill in relation to the issuing of Change Bills
and Private Banking ; to punish the same, and to author¬
ize the Banks of this State to issue hills of certain denom¬
inations.
Which, on motion of Mr. Foster, was referred to the
Committee on the Judiciary.
The Senate took up, as the Report of the Committee of
the Whole, the Bill for the .relief of the Teachers of poor
children of the county of Hall, for the years eighteen
hundred and forty-four and eighteen hundred and forty-six.
Which, on motion of Mr. Calhoun, was referred to a
Select Committee consisting of Messrs. Calhoun, P. M.
Byrd and Hicks.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to alter and amend the Militia Laws
of Georgia, so far as they relate to the 1st Regiment, 1st
Brigade, 1st Division Georgia Militia.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to organize a Yolunteer Battallion in
the city of Savannah, to be called the Independent Yolun¬
teer Battallion of Savannah.
And upon reading the second section as follows :
And be it further enacted by the authority of the same,
That any 6ther Yolunteer Companies of Foot which may
hereafter be organized in the city of Savannah shall he
attached to said Battallion, until the number of Companies
in said Battallion shall be eight (8), when the said Com¬
panies shall be organized and erected into a Regiment,
which shall be called the "Independent Yolunteer Regi¬
ment of Savannah," and said Regiment shall not consist
of less than eight (8), or more than ten (10) Companies.
Mr. Anderson moved to amend by striking out the word
" ten " (10), and inserting m lieu thereof the word " four¬
teen " (14). *
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
On motion of Mr. Connelly, the Order was suspended,
and he reported a Bill to lay out a new county from the
counties of Burke and Emanuel, and to provide for the
organization of the same.
Which was read the first time.
Mr. McCune presented the petition of James Hillsma'n,
praying relief for teaching poor children.
Which, on his motion, was referred to the Select Com¬
mittee consisting of Messrs. Calhoun, P. M. Byrd and
Hicks.
SENATE.
175
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole, to-wit:
A Bill to regulate the advertising of Clerks, Sheriffs and
other State and County Officers to provide for the preser¬
vation of Newspapers containing the same, and for other
purposes.
Also, a Bill to secure to W. T. Colquitt and others the
use of that part of the water of the Chattahoochee Biver
belonging to the State, at and about the city of Columbus,
and for other purposes therein mentioned.
Also, a Bill to authorize Rhaesea McCroane to build a
Bridge across the Ogeechee River, and cross way the
Swamps thereof, on his own lands in the counties of Bul¬
loch and Scriven.
The following Bills were taken up, read the second time,
and referred to the Committee on the Judiciary:
A Bill to give to the owners of Saw Mills in this State a
lien on the' building for the payment of the lumber.
Also, a Bill to alter and amend an Act entitled an Act
to protect the estates of Orphans and to make permanent
provisions for the Poor, approved Dec. 18, 1792, so far as
relates to the amount of the bond to be given by Admin¬
istrators.
The following Bills of the Senate were taken up and
read the second time ; and,
On motion of Mr. Wellborn, were referred, with all
Bills of like character, to a Select Committee consisting of
Messrs. Wellborn, Dickinson and Wolfe.
A Bill to alter and change the line between the counties
of Lee and Sumter, so that Lot No. fifty-three in the fif¬
teenth district of Sumter, whereon Moses W. Bryan re¬
sides, shall be added to and included in the county of Lee.
Also, a Bill to change the line between the counties of
Cass and Floyd, so as to add certain lots of land therein
named to the county of Floyd.
Also, a Bill to change the lind between Cobb and Chero¬
kee.
The following Bills of the House of Representatives
were taken up, read the second time, and referred to the
Committee of the whole House :
A Bill to alter and amend the third section of the third
article of the Constitution of the State of Georgia.
A Bill to prevent the Killing of Deer at certain periods
of the year in the county of Carroll.
A Bill to incorporate a Volunteer Corps of Infantry in
the city of Augusta, and to grant unto it certain privileges.
A Bill for the relief of Elizabeth Ann Anthony, wife of
Lavoiser L. Anthony of Richmond county. ,
A Bill to secure to the Rock Island Factory certain
privileges, and for other purposes therein named.
176
JOUENAIi OF THE
A Bill to authorize Obadiah T. Dickinson, the present
County Surveyor of Rabun county, to re-survey a part of
the first and second districts of said county, and to appro¬
priate money for the same.
Also, a Bill to alter and change the time of holding the Su¬
perior Courts in the county of Marion ; to allow said county
two weeks instead of one for the term of said courts; to
authorize the Judge of said court to draw two pannels of
fraud and petit Jurors, and to authorize and require the
ustices of the Inferior Court of said county to draw an
additional pannel for the next term of said court.
Also, a Bill to extend certain privileges to Thomas D. •
Prather, of the county of Harris, and to make legal and.
binding the acts and doings of the said Thos. D. Prather,
and for other purposes therein contained.
The Bill of the House of Representatives, supplemental
to an Act passed the 28th December, 1843, making it the
duty of the Governor whenever the public interest shall
require it, to cause the Assets of the Central Bank to be
deposited in the Treasury of the State,
Was taken up, read the second time ; and,
On motion of Mr. Bethune, made the special Order of
the Day for to-morrow.
On motion, the Senate adjourned until to-morrow morn¬
ing, 10 o'clock.
PRIDAY, Dec. 5th, 1851.
The Senate met pursuant to adjournment.
Mr. Cone laid upon »the table the following Resolution,
which on his motion was taken up, read and agreed to:
Resolved by the Senate and House of Representatives,
That the Committees on the Military from the two Branches
be a Joint Committee on Military Affairs.
On motion of Mr. Cone, the Secretary was directed to
carry the same forthwith to the House of Representatives.
Mr. McCune reported a Bill to alter and amend the
twenty-seventh-section of the tenth division of the Penal
Code.
Which was read the first time.
Mr. Anderson, from the Committee on Internal Improve¬
ments, made the following Report:
The Committee on Internal Improvements have examin¬
ed the Bill to incorporate the Coosa and Chattooga River
Railroad, and report the same back without amendments
to the favorable consideration of the Senate.
Mr. Anderson reported a Bill to authorize the Savannah
senate. 177
and Ogeechee Canal Company to extend tlier Canal to tlie
Altamaha River.
Which was read the first time.
Mr. Farris laid npon the table the following Resolution
which on his mytion was taken up, read and agreed to :
Resolved, That the Judiciary Committee he instructed
to inquire into and report on the expediency of allowing
defendants in execution a limited time to redeem real estate
sold under execution, and if considered expedient, to report
a Bill which may meet that object.
Mr. Harman, from the select Committe on Incorpora¬
tions, made the following Report: *
Mr. President :—I am directed by the select Committee
on Incorporations, to whom was referred the Bill to be en¬
titled An Act to incorporate the village of Cave Spring, in
the county of Floyd, and to appoint commissioners for the
same, to report the same back to the Senate without amend¬
ments, and beg the same be referred to the Committee on
the Judiciary.
On motion of Mr. Harman, the Report was taken up and
agreed to.
Mr. Harman reported a Bill to amend an Act passed the
23d day of December, 1826, granting to the Corporate Au¬
thority of the town of Macon a certain tract of land adjoining
said town, for the purpose of preserving the health of said
town, so far as to declare the Police regulations of the city
of Macon of force over said land; and to alter and amend
the 2d, 6th, 21st, 22d, 23d, and 31th sections of an Act en¬
titled an Act to alter and amend the several Acts incopo-
rating the city of Macon, approved December 27th, 1817,
so far as to change the time of holding the city elections in
Macon ; and to authorize the Mayor and Council to fill all
vacancies that may occur in the Council, and to constitute
the Mayor and Council a Board of Health for said City;
and to repeal the Act passed the 22d day of February, 1850,
relating to the election of Marshal and Deputies for said city.
Which was read the first time.
The Senate took up as the special Order of the Day, the
Report of the Committee of the Whole on the Bill of the
House of Representatives, supplemental to an Act passed
28th December, 1813, making it the duty of the Governor,
whenever the public interest shall require it, to cause the
assets of the Central Bank to be deposited in the Treasury
of the State.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to authorize Rhsesse McCroane, of the
county of Bulloch, him, his heirs and assigns, to build a
bridge across the Great Ogeechee River on his own land,
12
178 JOURNAL OF THE
near the seventy mile Station, Central Railroad; and to con¬
struct a crossway through the swamp of said River.
And-on reading the following part of the first section,
" And he or they shall be authorized and empowered to
demand and receive for his or their use and benefit, the
same rate of toll for passing said bridge and crossing the same
as may now be lawfully demanded for passing the bridge
and crossway known on said River as Hill's, or n<3w King's
Bridge; Provided, nothing in this Act shall be so con¬
strued as to authorize the above named Rhsesse McCroane,
him, his heirs or .assigns, to construct a bridge so as to ob¬
struct the navigation of said River."
Mr. Cone moved to amend by striking out the words
" Hill's or now King's," and insert in lieu thereof the word
" Jencks'," which was agreed to.
The Report as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to secure to W. T. Colquitt and others
the use of that part of the waterst>f the Chattahoochee River
belonging to the State, at and about the city of Columbus,
and for other purposes therein mentioned.
Which, on motion of Mr. McCune, was referred to the
Committee on the Judiciary.
The Senate took up as the Report of the Committee of
the Whole, the reconsidered Bill to incorporate the Sweet
Water Manufacturing Company.
Mr. Harman moved to amend by adding the following
as an additional section :
And be it further enacted, That all laws and parts of
laws militating against this Act be and the same are here¬
by repealed."
Which was agreed'to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The following Bills were taken up, read the second time
and referred to the Select Committee on CorpQrations.
A Bill to incorporate Perry Chapter Ho. 18, Houston
Lodge Ho. 35, and also Thurmond Ho. 107, and for other
purposes.
Also, a Bill to incorporate the Lanier House Company.
The following Bills were taken up, read the second time
and referred to the Committee of the Whole :
A Bill to amend an "Act to extend to the several coun¬
ties of this State" the provisions of an "Act to give Masons
and Carpenters an incumbrance for debts due on account
of work done, &c., so far as to grant like privileges to painters.
Also, a Bill to limit the time for taking out grants to the
ates' half, and the informer's half of any lot ot land fraud-
ntly drawn in any of the Land and Gold Lotteries of
SENATE.
179
this State, and to provide for the granting of the same af¬
ter the expiration of said time.
The Bill -to limit the lien of judgments rendered in any
of the Courts of this State, was taken up, read the second
time, and on motion of Mr. Hardeman, was referred to the
Committee on the Judiciary.
The following Message was received from the House of
Representatives, by Mr. Sturgis, their Clerk :
Mr. President :—The House of Redresenfatives have
passed the following Bills, to-wit:
A Bill to change the line between the counties of Ware
and Telfair.
A Bill to incorporate the town of Alexander, in the coun¬
ty of Burke, and to appoint commissioners for the same.
A Bill to confer certain privileges on John Everett, of
Thomas county, and to make lawful his acts, and give him
authority to transact business as though he were of full age.
A Bill to distribute to the Justices of the Peace in Hab¬
ersham county books belonging to the State.
A Bill to authorize the Justices of the Inferior Court for
the county of Floyd to levy an additional tax for county
purposes.
A Bill to incorporate the Savannah Volunteer Guards of
the city of Savannah, and Republican Blues, of the city of
Savannah.
A Bill to incorporate the Baptist Female College of
South Western Georgia: and to incorporate the Albany
Male and Female College, and to confer certain privileges
upon the Trustees therein named.
A Bill to amend an Act passed the 18th day of Decem¬
ber, 1831, entitled an Act to make permanent the public
buildings in the town of Cuthbert, in Randolph county,
and to incorporate the same.
A Bill to authorize the Justices of the Inferior Court of
Chatham county to set aside and invest a sum of money to
be inviolably preserved as a permanent fund for the sup¬
port and maintenance of Common or Free Schoolsjin said
county, and for other purposes.
A Bill to grant corporate powers and privileges to the
Curtright Manufacturing Company.
The House of Representatives have also passed the fol¬
lowing bill of the Senate, to-wit:
A Bill to incorporate the Georgia Military Institute.
The following Message was received from his Excel¬
lency, the Governor, by Mr. Paine, his Secretary :
• Mr. President:—The Governor has approved and signed
the following Acts:
An Act to compensate Petit Jurors of the county of
Harris. #
Also, an Act to authorize and require the Justices of the"
senate.
180
Inferior Court of the county of DeKalb to pay Jonathan
N. Hadden and Sophia A. Clark, out of the Poor School
Pnndofsaid county, for the years 1851 and 1852, the
amount the said Hadden was entitled to receive for teach¬
ing poor children in the years 1816 and 1849; and the
amount the said Sophia A. Clark was entitled to receive
for teaching poor children in the year 1847 and 1848.
Which have been deposited in the office of the Secretary
of State.
The Senate'took up, as the Report of the Committee of
the Whole, the following bill of the House of Represen¬
tatives :
A Bill to alter and change the time of holding the Supe¬
rior Courts in the county of Marion ; to allow said county
two weeks instead of one for the term of said Court; to au¬
thorize the Judge of said Court to draw two panels of
Grand and Petit Jurors; and to authorize and require the
Justices of the Inferior of said county to draw an addition¬
al panel for the next term of said' Court.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to au¬
thorize Obadiah S. Dickinson, the present county Surveyor
of Rabun county, to re-survey a part of the first and second
districts of said county, and to appropriate money for the
same.
The Report was agreed to.
The Bill was read the third time.
When on motion of Mr. Coffee, the bill was recommitted.
The following message was received from his Excellency
the Governor, by Mr. Steele, his Secretary, which, on
molion of Mr. Moore, was taken up and read, as follows:
Executive Depaetment, }
MilUdgemlle, Dec. 5th, 1851. j
On the 19th of November last, I made a communica¬
tion to the Senate, in response to their Resolution of the
6th of November, in which I stated the contract that
had been made by my predecessor with Mr. Joseph
Sturgis for the collection of certain claims against the
General Government. I also communicated, at the same
time, the Executive order of my predecessor, setting forth
that contract, as then stated to your body, I construed
the contract to mean that Mr. Sturgis was to be allowed
an outfit of $500 00, and ten per centum on such amount
as he might succeed in collecting for the State. Not see¬
ing any evidence that Mr. Sturgis had ever received the
$500 00 thus allowed, but finding on the files of my office
an unsettled account of $582 3I concluded that it cov-
senate.
181
ered this outfit, which had not been advanced as was con¬
templated by the original contract. I am now informed
that the construction placed upon ' this contract by Mr.
Sturgis and my predecessor also, is entirely different.—
Mr. Sturgis claims that, under the contract, he is entitled
to receive $500 00 for each session of Congress, in addi¬
tion to ten per centum allowed upon the amount collected.
The account of $582 37% alluded to in my former com¬
munication, consists of the item of $500 00for the expenses
of Mr. Sturgis at the second session of the last Congress.
As this account has been passed and approved by my
predecessor, it would seem very clear that he has placed
the same construction upon the contract that Mr. Sturgis
has. Though I find no evidence in this office that the
original outfit of $500 00 has been paid, yet I learn from
Mr. Sturgis that he has received through the Central Bank
that amount, and also the sum of $350 00 allowed him as
an extra charge, on account of the unusual length of the
first session of the last Congress. This amount of $850 00,
and the audited account of $582 37%, must be added to the
ten per centum on the amount of collections made by Mr.
Sturgis, to show the whole amount he has received from
the State in connection with these claims.
Differing as I do from my predecessor in the construc¬
tion of this contract, I have informed Mr. Sturgis that I
shall not 'allow him any further compensation for*future
services in this matter, beyond the ten per centum upon
such collections as he may succeed in making.
HOWELL COBB.
On motion of Mr. Moore, the Committee on Finance
was discharged from the further consideration of a previ¬
ous message on the same subject, and both were referred
to a Select Committee, consisting of Messrs. Moore, Slaugh¬
ter, and Bethune.
The Senate took up as the Report of the Committee of
the Whole, the Bill to incorporate the Coosa and Chattoo¬
ga River Railroad Company.
And on reading part of the 14th section thereof, as fol¬
lows :
Section 14th. And he it further enacted, That it shall
be the duty of the President and Directors, as soon as
may be convenient after the organization of the Company,
to issue to each subscriber scrip or certificate of the stock
held by him, and of the amount paid thereon, and the
shares of the said stock held by any person shall be as¬
signable and transferrable in law, and the Board of Direc¬
tors shall and may by by-laws, regulate the mode of issue-
ing certificates and making transfers of stock ; Provided,
182 journal of tub
That no one person or company shall be able to subscribe
for more than shares.
Mr. Farris moved to fill the blank with the words " Two
Hundred."
Which was agreed to.
Mr. Harman moved to amend by adding the following
as an additional section:
Me it further enacted, That nothing in this Act shall
release the stockholder who may transfer his stock, from
his liability to any and all the debts of said company,
owing at the time of said transfer, in proportion to the
amount of stock so held by him.
"Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The following message was received from His Excellency
the Governor, by Mr. Paine, his Secretary:
Mr. President:—His Excellency the Governor, has
assented to and signed a Resolution, permitting the* Rev.
George White to take from the Georgia Historical Society
the manuscript volumes connected with the Colonial His¬
tory of Georgia, the property of the State.
Also, a Resolution allowing him to take from the base¬
ment story of the State-house, certain old newspapers.
Which Resolutions have been deposited in the office of
the Secretary of State.
The Senate took up, as the Report of the Committee of
the Whole, the Bill of the House of Representatives, to
secure to the Rock Island Factory certain privileges, and
for other purposes therein named.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill of the House of Representatives for
the relief of Elizabeth Ann Anthony, wife of Lavoiser L.
Anthony, of Richmond.
Mr. Moore moved to amend by adding the following as
an additional section :
And be it further enacted, That Eleanor Brown, of the
city of Augusta, wife of John M. Brown, be and she is
hereby authorized to carry on business on her own ac¬
count, ; to purchase, hold and dispose of property in her
own name, and for her own and sole use, and to sue and
be sued, as if she were a feme sole, and that all her acqui¬
sitions shall be exempt from liability for the debts or con¬
tracts of her said husband, and not be subject to his con¬
trol.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
SENATE.
183
The Senate took up as the Report of the Committee of
the Whole, the Bill of»the House of Representatives to
incorporate a volunteer corps of infantry in the city of
Augusta, and to grant unto it certain privileges.
• Mr. Moore moved to amend by adding the following
additional sections:
And he it f urther enacted, That in all cases, where per¬
sons shall be summoned to attend parade in any of the
militia or volunteer companies attached to the tenth regi¬
ment of Georgia Militia, it shall be lawful to append to
such summons a notice to attend a Court of Inquiry, in
case of default of attendance at muster, the time and place
of said Court being therein stated, and no other notice
shall be required if said Court meet at said time and place.
And be it further enacted, That all executions for fines
for non-attendance at company, battalion, or regimental
parades and reviews, within the limits of said tenth regi¬
ment, shall be directed to any constable of this State, and
shall be levied and collected by a constable in the same
way and manner, and under the same liabilities, as if they
issued from a Justices' Court.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Act passed at the last session of the Gen¬
eral Assembly, to alter and amend the third section of the
third article of the Constitution of the State of Georgia.
Which, oh motion, was laid on the table for the present.
The Senate took up, as the Report of the Committee of
the Whole, the Bill of the House to extend certain privi¬
leges to Thomas D. Prather, of the county of Harris, and
to make legal and binding the acts and doings of* the said
Thomas D. Prather, and for other purposes therein con¬
tained.
Mr. Moore in the Chair, Mr. Miller moved to amend by
adding the following additional section:
And whereas, Betsey..Kelly, a free person of color,
has contracted to sell and convey to Eliza Hacket, a lot of
land owned by her in the city of Augusta ; and, whereas,
Robert Harper, a free person of color, has contracted to
sell and convey to John Bones, a lot of land owned by
him in the city aforesaid, and there being no mode point¬
ed out by law for the sale and conveyance of real estate
owned by free persons of color—
Be it further enacted, That the said Betsey Kelly, by
and with the consent of her guardian, Samuel II. Crump,
and the said Robert Harper, by and with the consent of
his guardian, Andrew J. Miller, ~be and they are hereby
authorized and empowered respectively to sell and convey
184 journal of thr
their lots of land to the said Eliza Hacket and to the said
John Bones respectively, and that hny deed of conveyance
so made, shall be good and valid to all intents and purpo¬
ses whatever, both as to title and any covenants therein
contained.
Which was agreed to.
Mr. Miller moved to amend further by adding the fol¬
lowing additional section :
And, whereas, James Gardner, Trustee for Mary
Hoxie, a free woman of color, holds a lot of land as such
trustee conveyed to him by George Jones and others,
which lot of land, situated in the city of Augusta, has
been contracted to be sold and conveyed to Charles Cat-
lin;
Be it enacted, That the said James Gardner, Trustee
as aforesaid, be and he is hereby fully authorized to sell
and convey said lot of land to said Charles Catlin, and his
deed of conveyance of the same shall be good and valid
to all intents and purposes whatever.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill of the House of Representatives to
prevent the killing of deer, at certain periods of •the year,
in the county of Carroll.
And on reading the following part of the first section:
"That from and after the passage of this Act, it shall
not be lawful for any person within the limits of the coun¬
ty of Carroll, by the use of fire arms or other weapons, to
kill any doe, buck, or fawns, or any sort of deer whatever,
between the first of March and the first of September, in
each and every year.".
Mr. Harman moved to amend by striking out the word
" September" and inserting in lieu thereof, the word " Au¬
gust."
Which was agreed to.
Mr. John L. Bird moved to amend by adding the fol¬
lowing as an additional section:
Be it further enacted, That'the words "last day of Au¬
gust," in an Act to prevent the killing of deer at certain
periods in the county of Richmond," shall be, and are
hereby altered, so as to read, " the 20th day of October."
Which was agreed to.
The Report as amended, was agreed to.
The Bill was read the third time and passed.
On motion, the order was suspended, and Mr. Harde¬
man reportrd a Bill to change the name of Margaret Jane
Brooks to that of Margaret Jane Chappell, and to make
SENATE.
185
her the heir at law of John B. and Margaret W. Chappell.
Which was read the first time.
On motion of Mr. Coffee, the Bill of the House of Rep¬
resentatives, to authorize Obadiah S. Dickinson, the pre-,
sent County Surveyor of Rabun county, to resurvey a part
of the first and second districts of said county, and to ap¬
propriate money for the same, was taken up and referred
to a Select Committee, consisting of Messrs. Coffee, Farris,
and McCune.
The following Bills of the House of Representatives
were taken up and read the first time :
A Bill to distribute to the Justices of the Peace, in
Habersham county, books belonging to the State.
And also, a Bill to incorporate the town of Alexander,
in the county of Burke, to appoint commissioners for the
same.
Also, a Bill to confer certain privileges upon John
Everett, of Thomas county, and to make lawful his acts,
and give him authority to transact business, as though he
were of full age.
Also, a Bill to amend an Act passed the 18th day of
December, 1834, entitled an Act to make permanent the
public buildings in the town of Cuthbert, in Randolph
county, and to incorporate the same.
Also, a Bill to grant corporate powers and privileges to
the Curtright Manufacturing Company.
Also, a Bill to authorize the Justices of the Inferior
Court of Chatham county, to set aside and invest a sum
of money, to be inviolably preserved as a permanent fund
for the support and maintainance of common or free
schools in said county, and for other purposes.
Also, a Bill to incorporate the Savannah Volunteer
Guards, of the city of' Savannah, and Republican Blues,
of the city of Savannah.
Also, a Bill to authorize the Justices of the Inferior
Court for the county of Floyd, to levy an additional tax
for county purposes.
Also, a Bill to change the lines between the counties of
Ware and Telfair.
Also, a Bill to incorporate the Baptist Female College
of South-Western Georgia, and to incorporate the Albany
Male and Female College, and to confer certain privileges
upon the Trustees therein named.
Mr. Calhoun made the following report:
The Committee on Petitions, to whom was referred the
petition of P. H. ITatchett and W. P. Hatchett, Executors,
&c., have had the same under consideration, and report
unfavorably. They also report unfavorably to the appli¬
cation of sundry citizens of the counties of Habersham,
186
JOURNAL OF THE
^Franklin, Jackson and Hall, for the formation of a new
county out of parts of said counties.
The Committee have also had before them the Memo¬
rial of a number of most respectable citizens of the county
of Jefferson, praying the General Assembly that the Acts
now in force, authorizing the granting of licenses to retail
Spirituous Liquors, be so altered or a new Act passed,
giving to the Justices of the Inferior Court of the county
of Jefferson, and all other counties desiring the same
power, to refuse the granting of such licenses in any dis¬
trict or districts of the same where a majority of the citi¬
zens of such district shall make known their desire to that
effect by ballot. The Committee have given that conside¬
ration to the memorial which its importance demands.
The Committee is assured that the object of the Memori¬
alist's is to-promote the great cause of temperance, mo¬
rality and humanity, but disagree with them as regards
the means by which the great objects are to be accom¬
plished. We believe that moral suasion is the surest means
of accomplishing them. Reason and argument has al¬
ready accomplished much, indeed all that has been accom¬
plished and believing that legal enactments, so far from
promoting the cause would be injurious to it, we cannot
recommend the passing of any laws on that subject.
Mr. Calhoun moved to agree to the Report.
Which was lost.
Mr. Cone moved that when the Senate adjourn, it ad¬
journ to meet to-morrow morning at 9 o'clock.
Which was lost.
On motion the Senate adjourned untill to-morrow morn¬
ing, 10 o'clock.
SATURDAY, December 6, 1851.
The Senate met pursuant to adjournment.
Mr. Moore reported a Bill to Incorporate Lincoln Lodge,
Ho. 78, at Lincolnton, Georgia.
Which was read the first time.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk :
Mr. President: The House of Representatives have
passed the lollowing Bill of the Senate, to-wit:
A Bill to alter and amend the sixth section and third ar¬
ticle of the Constitution of the State of Georgia.
The House of Representatives have also concurred with
senate.
187
the Senate in their Resolution, making the Committees of
the two Houses on military affairs, a Joint Committee.
Mr. Connelly presented a Memorial from citizens and
the Grand Jury of Burke county, in relation to the License
Laws, so far as relates to said county.
Which, on his motion, was referred to the Committee on
Petitions, without being read.
Mr. Poster, Chairman of the Judiciary Committee, made
the following Report:
Me. Peesident :—The Committee on the Judiciary
have had under consideration the Bill from the Represent¬
ative branch of the General Assembly, entitled an Act,
for the relief of Executors, Administrators and Guardians,
and have instructed me to report the same back, and re¬
commend the same to be amended by striking out all said
Bill, except the seventh section, and adding thereto an ad¬
ditional section.
Also, a Bill on the subject of Change Bills and Private
Banking, and report the same back, with amendment, and
recommend its passage.
Also, a Bill, entitled an Act, to give a lien to owners of
saw-mills : and report the same back with their disappro¬
bation.
Mso, a Bill dSTo. 22, entitled an Act, to alter the practice
of the Supreme Court of this State; and report the same
back with their disapprobation.
Also, a Bill entitled an Act, in relation to Bonds, Bills,
and Promissory Notes; and report the same back with their
disapprobation.
Also, a Bill entitled an Act, to amend Fee Bill, so far
as the county of Bibb is concerned ; any report the same
back without amendment, and ask for its forvorable consid¬
eration.
Also, a Bill entitled an Act, to regulate the practice of
the Supreme and Superior Courts of this State, and recom¬
mend the same to be amended by adding an additional
section, and to the favorable consideration of the Senate.
Also, a Bill to be entitled an Act, to Incorporate the
Village of Cave Spring, and recommend the same to be
amended ; and ask for it a favorable consideration.
All which is respectfully submitted.
Mr. Anderson reported a Bill to change the name of
John Sheahan, of the county of Chatham, to the name of
John Theodore McFarland, and to allow and qualify the
said John, under the name of John Theodore McFarland
to inherit property from John McFarland of Chatham
county.
Which was read the first time.
Also, a Bill to amend an Act entitled " an Act, amend¬
atory of, and in addition to the various Acts heretofore
188 JOURNAL OF THE _
passed in reference to the city of Savannah," approved
December 8th, 1849, to allow an appeal to a Special Jury
in the Court of Chatham county, from any decision made
under the sixth section of that Act; and also to provide
for the registry of the names of all persons entitled to vote
for Mayor and Aldermen of said city, and to prevent per¬
sons from voting for such Mayor and Aldermen whose
names are not registered.
Which was read the first time.
Mr. Harris reported a Bill to alter and amend the first
section of an an Act entitled an Act, to alter and amend
the several Acts in relation to Itinerant Traders, and to
prescribe the mode of obtaining License ; approved No¬
vember 27th, 1845, so far as respects the county of Lee.
Which was read the first time.
On motion of Mr. Foster, Mr. Hardeman was added to
the Committee on the Judiciary.
Mr. Watters reported a Bill to repeal an Act, passed in
1850, reviewing the several Acts passed 1798 and 1799, or
so much thereof, compelling ?'persons to procession their
lands, and the penalties thereon, so far as it regards the
counties of Floyd, Chattooga and Gordon.
Which was read, the first time.
Mr. McCune reported a Bill do incorporate an Institu¬
tion for the promotion of Moral and Theological informa¬
tion, embracing Common School Education, Arts, Sciences,
Law and Medicine, with Apparatus, Books, Maps, Charts,
Printing Establishment, &c. To be styled " The First
Southern Liberal Institute," at Griffin, in the county of
Pike.
Which was read the first time.
Mr. Harman presented the proceedings of the Grand
Juries of Bibb county, in relation to the Academy Fund
of said county.
Which, on his motion, was referred to the Committee
on the Judiciary without being read.
Mr. Coffee, from the Select Committee, to whom was re¬
ferred the Bill of the House, to authorize Obadiah S.
Dickinson, the present County Surveyor of Kabun county,
to resurvey a part of the first and second districts of said
county, and to appropriate money for the same ; reported
the same back to the Senate with amendments ;
And the Senate took up the Bill as the Keport of the
Committee of the Whole.
The Select Committee moved to amend by striking out
of the caption and first section the word "resurvey," and
insert in lieu thereof, the word " survey."
Which was agreed to.
The Peport as amended was agreed to.
The Bill was read the third time ;
senate.
189
And on the question, "shall this Bill now pass?" the
yeas and nays were required to be recorded, and are yeas
24, nays 12.
Those who voted in affirmative, are Messrs.
Anderson, Coffee, Little,
Beavers, Cone, McCune,
Bethune, Crocker, Moore,
Bryan, Farris, Mosely,
Butler, Flewellen, Stroud,
John L. Bird, Flournoy, Tomlinson,
Calhoun, Hardeman, Tumlin,
Chappell, Hicks, Matters.
Those who voted in the negative, are Messrs.
Philip M. Byrd, Harman, Heed,
Connelly, Harris, Boss,
Dickinson, Lawson, Slaughter,
Foster, McBae, Wright.
So the Bill was passed.
The following Message was received from his Excellency
the Governor, by Mr. Steele, his Secretary :
Which, on motion of Mr. Farris, was taken up and read
as follows:
Executive Department, Ga., )
Milledgemlle, December Qth, 1851. J
I lay before the General Assembly, a Communication,
which I have just received from the City Council and Citi¬
zens of Savannah. This is done in compliance with a re¬
quest contained in the proceedings herewith communi¬
cated :
The citizens of Savannah, actuated by a laudable desire
to exhibit to the Bepresentatives of the people, the grow¬
ing and important interests of the sea board of our State,
for the time being, committed to our care, have extended
this invitation to your body, as well as to the Executive
and other officers of the State. I am prepared myself to
give a prompt and cordial response to this generous move¬
ment on the part of our fellow-citizens of Savannah, and
do not hesitate to recommend to the Genaral Assembly an
acceptance of the generous hospitality which has been
tendered to them.
Believing as I do, that no serious delay will thereby be
occasioned to the business of the Legislature, but that it
will be productive of much good, in familiarising those of
190 journal of the
us clothed with the Executive and Legislative duties of the
State, with the important interests of that section of our
State, to which we have been so little called in our past
business relations.
I also enclose the copy of a communication from Mr,
Cuvler, President of the Central Railroad, offering to your
body " free travel on the Kail roads from Milled geville to
Savannah, and back on any day and at any hour, thatinay
best comport with your convenience."
HOWELL COBB.
Mr. Earris laid upon the table the following Resolution,
which was taken up, read and agreed to :
Resolved, That the Message of his Excellency the Go¬
vernor, be referred to a committee of eight, to join such
committee as may be appointed by the House; who shall
take into consideration the invitation of the citizens of Sa¬
vannah, and report during the day.
And the Committee appointed are Messrs. Slaughter,
Stroud, Moore, Knight, Flournoy, McCune, J. L. Bird
and Calhoun.
The following message was received from the House of
Representatives by Mr. Sturgis, their Clerk:
Mr. President :—The House of Representatives have
agreed to a Resolution referring a message from the Gov¬
ernor, in relation to an invitation from the City of Savan¬
nah to the Governor, State House Officers, Members and
Officers of the General Assembly, to visit said city, to a
Joint Committee of sixteen from the House and eight from
the Senate; to which they ask the concurrence of the
Senate. And I am directed to communicate the same
forthwith to this branch of the General Assembly.
On motion of Mr. Wright, the Resolution was taken up,
read and concurred in.
And the Committee appointed on the part of the Sen¬
ate, were Messrs. Slaughter, Stroud, Moore, Knight, Flour-
noy, McCune, J. L. Bird and Calhoun ; and the Secretary
was directed to inform tho House forthwith of the same.
On motion of Mr. Connelly, the Senate took up the Re¬
port made by the Committee on Petitions on yesterday.
Mr. Connelly moved to strike out of the Report all that
that part which relates to the Memorial cf the citizens of
Jefferson county,
Which was lost.
On motion, the Report of the Committee was agreed to.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to alter the practice of the Supreme
Court of the State of Georgia.
On motion of Mr. Poster, the Report was indefinitely
postponed.
senate. 191
The Senate took up, as the Report of the Committee of
the Whole, the Bill to regulate the practice of the Su¬
preme Court, and of the Superior Courts of this State, and
for other purposes.
The Judiciary Committee moved to amend by adding
the following as an additional section :
Whekeas, the Legislature at its present session has cre¬
ated a 'new Judicial District, known as the Macon Dis¬
trict, embracing certain counties, to wit: Bibb, Crawford,
Houston, Twiggs, Dooly and Macon, and annexed the same
to the Third Judicial District of said State; and whereas,
it may be the case that immediately previous to the pass¬
age of the Act, organizing said new Circuit, cases were de¬
cided in the three last mentioned counties which belonged
to other Supreme Judicial Districts ; and whereas, doubts
are entertained as to whether said cases so determined pre¬
viously to the passage of said Act organizing said new
Circuit, should be returned to the next term of the Su¬
preme Court, to be held in and for the District to which
said three counties belonged, or to the next term of the Su¬
preme Court, to be held at Macon, the Third Judicial Dis¬
trict—for remedy whereof,
Be it enacted, That all such cases as are mentioned in
the preamble to this Act, shall be made returnable to the
Superior Court to held in the Judicial District to which
said county belonged at the time the case was tried and
determined, or to the Judicial District to which said coun¬
ties of Twiggs, Dooly and Macon are now annexed, at the
option of the Plaintiff in Error ; Provided, that this Act
shall extend only to cases tried and determined in the Su¬
perior Court of said last mentioned counties, immediately
preceding the passage of the said Act, organizing said new
Circuit, and shall not extend to any case tried and deter¬
mined since the passage of said Act.
Which was agreed to.
The Judiciary Committee moved further to amend by
adding the following as an additional section:
. And be it further enacted, That the Middle Judicial
District shall be added to the First Supreme Court Judi¬
cial District, in which said Supreme Court. shall hereafter
set alternately at Savannah and Augusta, on the second
Monday in January and June of each year, and that the
Southern Judicial District be added to the Fifth Supreme
Court Judicial District, in which said Supreme Court shall
hereafter sit, on the first Monday in May and November,
in each year, at Milledgeville.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time, and, on the question
192 JOURNAL OF THE
" Shall this Bill now pass ?" the yeas and nays were re¬
quired to be recorded, and are—yeas 2d, nays 10.
Those who voted in the affirmative, are Messrs.
Anderson, Dickinson, Little,
Butler, Farris, McRae,
John L. Bird, Flournoy, Moore,
Calhoun, Foster, Reed,
Chappell, Harman, Ross,
Cone, Hicks, Tomlinson,
Conelly, Knight, Tumlin,
Crocker, Lawson, Wolfe.
Those who voted in the negative, are Messrs.
Beavers, Harris, Walthour,
Bryan, McCune, Wellborn,
P. M. Byrd, Mosely, Wright.
Coffee,
So the Bill was passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to give to the owners of saw-mills in
this State, a lien on the building for the payment of the
lumber.
The Report was agreed to.
The Bill was read the third time and lost.
The Senate took up as the Report of the Committee of
the Whole, the Bill in relation to Bonds, Bills, Promisory
Hotes and other instruments.
The Report was agreed to.
The Bill was read the third time and lost.
The Senate took up as the Report of the Committee of
the Whole, the Bill to amend the several Acts in force,
regulating the fees of Magistrates and Constables in the
State of Georgia, so far as relates to the county of Bibb)
and to provide for the mode of collecting the same.
Mr. Miller moved to amend by inserting the " county of
Richmond."
Which was agreed to.
Mr. Harman moved to amend by inserting the " county
of Monroe.
Which was agreed to.
Mr. Harris moved to amend by inserting the " county
of Lee."
Which was agreed to.
The Report as amended, was agreed to.
The Bill read the third time and passed.
SENATE.
193
The Senate took up, as the Report of the Committee of
the Whole, the Bill in relation to the issuing of Change
Bills and Private Banking, to punish the same, and to au¬
thorize the banks of this State to issue bills of certain de¬
nominations.
Mr. Miller moved to amend the second section by add¬
ing the following; " But no person who is not concerned
in the issue of any such bills or notes shall be liable to
any penalty for paying the same away, or putting the same
in circulation."
Which was agreed to.
And on reading the sixth section as follows:
" And be it further enacted, That all specie paying and
solvent banks of this State, be, and they are hereby au¬
thorized, to issue small bills of the denomination of one,
two, three and four dollars, under the liabilities and re¬
strictions of their respective charters."
The Committee on the Judiciary proposed to amend by
adding the following proviso:
" Provided, no bank shall issue an amount of such bills
under the denomination of five dollars above twenty per
eentum on the capital stock of said bank actually paid in."
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time.
And on the question, u shall this Bill now pass ? the
jeas and nays were required to be recorded, and are, yeas
33, nays 6.
Those who voted in the affirmative are Messrs.
Anderson, Dickinson, Mosely,
Bethune, Parris, Reed,
Bryan, Flewellen, Ross,
Butler, Plournoy, Slaughter,
Philip M. Byrd, Foster, Stroud,
Calhoun, Harman, Tomlinson,
Chappell, Hicks, Tumlin,
Coffee, Knight, Walthour,
Connelly, Lawson, W atters,
Crocker, Little, Wellborn,
Day, McRae, Wolfe.
Those who voted in-the negative, are Messrs.
Beavers, Cone, McCune,
John L. Bird, Harris, Wright.
So the Bill was passed.
13
194:
JOURNAL OF THE
Mr. Harman from the Committee on Enrollment, re¬
ports as duly enrolled and ready for the signature of the
President, an Act passed at the last session of the General
Assembly, to alter and amend the sixth, section and third
article of the Constitution of the State of Georgia.
Mr. Slaughter made the following Report:
The Joint Committee to whom was referred the message
of his Excellency the Governor, communicating the action
of City Council and citizens of' the city of Savannah, ten¬
dering the hospitalities of the city to the Governor, State
House Officers, and the Officers and Members of the Gen¬
eral Assembly ; and also the action of the Central Rail¬
road Company, tendering to the persons so invited free
travel over the road to and from the city of Savannah, at
such a time as may suit their convenience; have had the
same under consideration, and beg leave to recommend
the passage of the following Resolutions :
1st. Resolved, by the Senate and House of Representa¬
tives of the State of Georgia, That the two Houses com¬
posing the General Assembly, will accept on their part,
the invitation so generously and kindly tendered to them,
and that they propose to leave the seat of Government in
time to spend Friday and Saturday next with their fellow-
citizens of the sea board.
Resolved, That the thanks of the General Assembly
are hereby tendered to the Central Railroad Company for
the generous offer made to this body to carry them free of
charge to and from Savannah, and that we signify our
greatful acceptance of that offer. We would suggest the
hour of 9 o'clock on Thursday morning next, as the time
when it would be agreeable to us to leave this place for
Savannah.
Resolved, That his Excellency the Governor, be respect¬
fully requested to communicate the action of the General
Assembly to the City Council of Savannah.
On motion of Mr. Moore, the Report was taken up, and
Mr. Mosely moved to amend the same by adding the fol¬
lowing as an additional Resolution :
Resolved, That the Members and Officers of the Gener¬
al Assembly shall not receive per diem pay duriDg their
absence on said visit.
Which was agreed to.
On motion of Mr. McCune, the Report as amended,
was agreed to.
Mr. Harman presented a memorial from Angus M. D.
King, praymg to be relieved from the payment of a debt
due to the Central Bank.
Which, on his motion, was referred to a Select Com¬
mittee, consisting of Messrs. Harman, Mosely and Tom-
linson, without being read.
senate.
195
Mr. Anderson from the Committee on Internal Improve¬
ment, laid upon the table the Report of the Sub-Commit¬
tee appointed to examine and report upon the condition of
the Western and Atlantic Railroad.
On motion of Mr. Connelly, one hundred copies were
ordered to be printed for the use of the Senate.
Oh motion, the Senate adjourned until 3 o'clock, P. M.
Three o'clock, P. M.-
The Senate met pursuant to adjournment.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to limit the time for taking out grants
to the State's half and the informer's half, of any lot of
land fraudulently drawn in any of the land and gold lotte¬
ries of this State, and to provide for the granting of the
same, affcer the expiration of said time.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the .Whole, the Bill to amend an "Act to extend to the sev¬
eral counties of this State, the provisions of an Act, to
give masons and carpenters an incumbrance for debts due
on account of work dune," &c., so far as to grant like
privileges to painters.
Which, on motion, was referred to the Committee on
the Judiciary.
The Senate took up as the Report of the Committee of
the Whole, the Bill to regulate the advertising of Clerks,
Sheriffs, and other State and county officers, to provide for
the preservation of newspapers containing the same, and
for other purposes.
The Report was agreed to.
The Bill was read the third time and passed.
The following Bills were taken up, read the second time
and referred to the Committee of the Whole:
A Bill to authorize the Savannah and Ogeechee Canal
Company to extend their canal to the Altamaha River.
Also, a Bill to change the name of Margaret Jane Brooks
to that of Margaret Jane Chappell, and to make her the
heir at law of John B. and Margaret W. Chappell.
The Bill to alter and amend the twenty-seventh section
of the third division of the Renal Code, was taken up,
read the second time, and referred to the Committee on
the Judiciary.
The Bill to amend an Act passed the 23d day of De¬
cember, 1826, granting to the corporate authority of the
196
JOURNAL OF THE
town of Macon a certain Tract of Land adjoining said
town, for the purpose of preserving the health, so far as to
declare the police regulations of the city of Macon of force
over said land, and to alter and amend the 2d, 6th, 21st,
23d and 34th sections of an Act entitled an Act, to alter
and amend the several Acts incorporating the city of Ma¬
con, approved December 27th, 1847, so far as to change
the time of holding the city elections in Macon, and to
authorize the Mayor and Council to till all vacancies that
may occur in the Council, and to constitute the Mayor and
Council a Board of Health for said city, and to repeal the
Act passed the 22d day of February, 1850, relating to the
election, of Marshal and Deputies, for said city; was taken
up, read the second time and referred to the Committee on
Corporations.
The Bill to lay out a new county from the counties of
Burke and Emanuel, and to provide for the organization of
the same; was taken up, read the second time and referred
to the Committee on Hew Counties.
On motion of Mr. Moore, the Secretary was directed to
communicate forthwith to the House of Bepresentatives
the action of the Senate on the Report of the Joint Com¬
mittee, to whom was referred the Governor's message,
communicating the proceedings of the citizens and City
Council of Savannah.
The Senate took up as the Report of the Committee of
the Whole, the Bill of the House of Representatives, to
compensate the Grand and Petit Jurors of the Superior
and Inferior Courts of the county of Habersham, and to
provide for the payment of the same.
Which, on motion of Mr. Coffee, was indefinitely post¬
poned.
The following Bills of the House of Representatives
were taken up by the Senate, read the second time, and re¬
ferred to the Committee of the Whole, a Bill to authorize the
Justices of the Inferior Court of Chatham county to set aside
and invest a sum of money to be inviolably preserved as a
permanent fund for the support and maintenance of Com¬
mon or Free Schools in said county, and for other purposes.
Also, a Bill to distribute to the Justices of the Peace in
Habersham county, books belonging to the State.
Also, a Bill to confer certain privileges upon John Ever¬
ett, of Thomas county, and to make lawful his acts, and
give him authority to transact business as though he were
of full age.
Also, a Bill to Incorporate the Baptist Female of Col¬
lege of South-Western Georgia, and to Incorporate the
Albany Male and Female College, and to confer certain
privileges upon the Trustees therein named.
Also, a Bill to authorize the Justices of the Inferior
senate.
197
Court for the county of Floyd to levy an additional tax for
county purposes.
Also, a Bill to change the lines between the counties of
Ware and Telfair.
Also, a Bill to amend an Act, passed the eighteenth
day of December, eighteen hundred and thirty-four, en¬
titled an Act, to make permanent the public buildings in
the town of Cuthbert, in Bandolph county, and to incor¬
porate the same.
Also, a Bill to Incorporate the Savannah Yolunteer
Guards of the city of Savannah, and Republican Blues,
of the city of Savannah.
Also, a Bill to grant corporate powers and privileges to
Curtright Manufacturing Company.
Also, a Bill to Incorporate the town of Alexander, in
the county of Burke, and to appoint Commissioners for
the same.
Mr. Knight reported a Bill to authorize a grant to issue
to Henry S. Roberts for a certain lot of land, and for other
purposes.
Which was read the third time.
On motion, the Senate adjourned until Monday morning
10 o'clock.
MOHDAY, December 8th, 1851.
The Senate met pursuant to adjournment.
Mr. Walthour asked and obtained leave to record his
vote on the passage of the bill to authorize Obadiah S. Dick¬
inson, the present county Surveyor of Rabun county, to
re-survey a part of the first and second districts of said coun¬
ty, and to appropriate money for the same; and his vote
was accordingly recorded on the Journal of Satuiday in the
negative.
Mr. Flournoy asked and obtained leave of absence for
Mr. Reed after to-morrow, for a few days, on special busi¬
ness.
Mr. Slaughter laid upon the table a petition from citizens
of the counties of Cobb, Cherokee, Forsyth, Gwinnett, and
DeKalb, praying the formation of a new county from parts
of the above named counties.
"Which on his motion was referred to the Committee on
Petitions without being read.
Mr. Foster reported a bill to prescribe conditions to the
issuing of marriage license, and for other purposes.
Which was read the first time.
198 JOURNAL OF THE
Mr. Farris laid upon the table the following Resolution,
which on his motion was taken up, read and agreed to:
Whereas, Information has beeii recently received from
an undoubted source, that two Locomotive Engines have
lately been run off the track of the Western and Atlan¬
tic Railroad, and so damaged as.to be unfit for service; and
Whereas, said Road was, even before this accident, great¬
ly deficiont in motive power; and whereas, the interest of
the owners of produce to be transported on the Road must
suffeT serious injury unless the deficiency is immediately
supplied—* .
Resolved, That the Committee on Internal Improvements
be instructed to take the matter into immediate considera¬
tion, and report with the least possible delay, such meas¬
ures as the emergency of the case may in their opinion re¬
quire.
Mr. Harman reported a bill to fix and regulate the time
for holding the Superior Courts in the Macon Circuit.
lyhich was read the first time.
Mr ."Harman from the Committee on Enrollments, report¬
ed, as duly enrolled and ready for the signature of the Pre¬
sident of the Senate—•
An Act to incorporate the Georgia Military Institute.
The Senate took up, as the Report of the Committee of
Whole, the bill to change the name of Margaret Jane
Brooks to that of Margaret Jane Chappell, and to make her
the heir at law of John B. and Margaret W. Chappell.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to authorize the Savannah and Ogee-
chee Canal Company to extend the Savannah and Ogee-
chee Canal to the Altamaha River.
The Report was agreed to.
The Bill was read the third time and passed.
On motion of Mr. Hardeman, the order was suspended
and he reported a bill to amend an Act entitled an Act to
lay off" and divide the State into eight Congressional Dis¬
tricts, &c., so far as to re-organize the same.
Which was read the first time.
And on motion of Mr. Moore, fifty copies were ordered
to be printed for the use of the Senate.
The following Bills were taken up, read the second time,
and referred to the Select Committee 011 Corporations:
A Bill to incorporate an institution for the promotion of
moral and theological information, embracing common
school education, arts, sciences, law and medicine, with
apparatus, books, maps, charts, printing establishment,
&c., to be styled the First Southern Liberal Institution, at
Griffin, in the county of Pike.
SENATE.
199
Also, a Bill to incorporate Lincoln Lodge, No. 78, at
Lincolnton, Georgia.
The following Bills were taken np, read the second time,
and referred to the Committee of the Whole.
A Bill to change the name of John Sheahan, of the coun¬
ty of Chatham, to the name of John Theodore McFarland,
and to allow and qualify the said John under the name of
John Theodore McFarland to inherit property from John
McFarland of Chatham county.
Also, a Bill to alter and amend the first section of an
Act entitled an Act to alter and amend the several Acts
in relation to Itinerant Traders, and to prescribe the mode
of obtaining license, approved November 27th, 1815, so far
as respects the county of Lee.
Also, a Bill to authorize a grant to issue for a certain lot
of land, and for other purposes.
Also, a Bill to repeal an Act passed in 1850, reviving the
several Acts passed in 1798 and 1799, or so much thereof
compelling persons to procession their land, and the penal¬
ties thereon, so far as it regards the counties of Floyd, Chat¬
tooga and Gordon.
Also, a Bill to amend an Act entitled an Act amendato¬
ry of, and in addition to the various Acts heretofore passecl
in reference to the city of Savannah, approved December
8th, 1819, to allow an appeal to a special Jury in the Su¬
perior Court of Chatham county, from any decision made
under the sixth section of that Act, and also to provide for
the registry of the names of all persons entitled to vote for
Mayor and Aldermen of said city, and to prevent persons
from voting for such Mayor and Aldermen whose names
are not registered.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to incorporate the Baptist Female Col¬
lege of South Western Georgia; and to incorporate the
Albany Male and Female College, and to confer certain
privileges upon the Trustees therein named.
On motion of Mr. Flournoy, the sapie was laid upon the
table for the present.
The Senate took up, as the Report of the Committee of
the Whole, the Bill of the House of Representatives, to in¬
corporate the Savannah Volunteer Guards, of the city of
Savannah, and Republican Blues of the city of Savannah.
The Report was agreed to.
The Bill was read the third time and passdd.
The Senate took up, as the Report of the Committee of
the Whole, the Bill of the House of Representati ves, to in¬
corporate the town of Alexander, in the county of Burke,
and to appoint commissioners for the same.
The Report was agreed to.
The Bill was read the third time and passed.
200
JOURNAL OF THE
The Senate took up, as the Report of the Committee of
the Committee of the Whole, the Bill of the House of Rep¬
resentatives to grant corporate powers and privileges to the
Curtright Manufacturing Company.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill of the House of Representatives, to
change the lines between the counties of Ware and Telfair.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill of the House of Representatives to con¬
fer certain priviliges upon John Everett, of Thomas coun¬
ty, and to make lawful his acts, and give him authority to
transact business as though he were of full age.
Mr. Moore moved to amend by adding the following as
an additional section:
Andbe it further enacted, That Joseph Stockton, ad¬
ministrator of the estate of Susan B. Langston deceased,
late of Columbia county, who died intestate, leaving an il¬
legitimate child which has since died, be and he is hereby
authorized to settle with and pay over the estate of said
Susan B. Langston, to her proper heirs at law now in life,
without any other accountability for the same under the es¬
cheat laws of the State.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill of the House of Representatives to dis¬
tribute to the Justices of the Peace in Habersham county,
books belonging to the State.
Mr. Wolfe moved to amend by adding the following as
an additional section:
And be it further enacted by the authority aforesaid,
That his Excellency the Governor be and he is hereby au¬
thorized and requested to forward to the Justices of the In¬
ferior Court of Early county, one copy each of the first, se¬
cond and third Report of the Supreme Court for the use of
said Court and county of Early.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill of fcjie House of Representatives to au¬
thorize the Justices of the Inferior Court for the county of
Eloyd to levy an additional tax for county purposes.
The Report was agreed to.
The Bill was read the third time and passed.
senate. 201
The Senate took up, as the Report of the Committee of
the Whole, the Bill of the House of Representatives to
amend an Act passed the 18th day of December, 1834, en¬
titled an Act to make permanent the public buildings in
the town of Cuthbert, in Randolph county, and to incorpo¬
rate the same.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill of the House of Representatives to au¬
thorize the Justices of the Inferior Court of Chatham coun¬
ty to set aside and invest a sum of money to be inviolably
preserved as a permanent fund for the support and main¬
tenance of common or free schools in said county and for
other purposes.
The Report was agreed to.
The Bill was read the third time and passed.
The following message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Mr. President :—The House of Representatives have
passed the following bill of the Senate, to-wit:
A Bill to lay off and organize a new county from the
counties of Pike, Henry and Fayette.
The House of Representatives have also concurred with
the Senate in the adoption of the Report of the Joint Com¬
mittee accepting the invitation from the citizens and City
Council of the city of Savannah, to visit said city.
The Senate took up, as the Report of the Committee of
the Whole, the Bill of the House of Representatives to al¬
ter and amend the first paragraph of the seventh section of
the first article of the Constitution of this State.
On reading the following part of the first section :
The House of Representatives shall be as follows: Each
county shall have one Representative, and no county shall
have more than two Representatives; thirty-seven counties
having the greatest population, counting all free white per¬
sons, and three-fifths of the the people of color, shall have
two Representatives—
Mr. Cone moved to amend by striking out the same, and
inserting in lieu thereof the following:
" The House of Representatives shall consist of one hun¬
dred and thirty-five members and no more. Each county
shall have one Representative, and the remaining number
of Representatives beyond the number of counties, shall
be appointed, one each to the counties having the greatest
population, counting three-fifths of the people of color, and
as a new county is formed, one Representative shall be
taken from the county having the least representative pop¬
ulation that has two Representatives, and given to the new
county."
202
JOURNAL OF THE
On which motion the yeas and nays were required to he
recorded, and are yeas 16, nays 21.
Those who voted in the affirmative, are Messrs.
Anderson, Farris, Hicks,
Bryan, Foster, Knight,
Butler, Hardeman, Little,
Cone, Harman, Slaughter,
Crocker, Harris, "Wellborn.
Day,
Those who voted in the negative, are Messrs.
Beavers, Conelly, Mosely,
Bethune, Dickinson, Beed,
Burks,, Flewellen, Boss,
John L. Bird, Flournoy, Stroud,
Philip M. Byrd, Griggs, Tumlin^
Calhoun, Lawson, Walthour,
Chappell, McBae, Wolfe,
Coffee, Moore, Wright.
So the motion was lost.
The Beport was then 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 he recorded, and are, yeas
28, nays 12.
Those whe voted in the affirmative, are Messrs.
Anderson, Crocker, Moore,
Beavers, Dickinson, Mosely,
Bethune, Farris, Boss,
Burks, Flewellen, Slaughter,
John L. Bird, Flournoy, Stroud,
Philip M. Byrd, Griggs, Tumlin,
Calhoun, Knight, Walthour.
Chappell, Lawson, Wolfe,
Coffee, McBea, Wright.
Connelly,
Those who voted in the negative, are Messrs.
Bryan, Foster, Hicks,
Butler, Hardeman, Little,
Cone, Harman, Beed,
Day, Harris, Wellborn.
So the Bill was passed by a Constitutional majority.
SENATE.
203
The Senate took up, as the Report of the Committee of
the "Whole, the Bill of the House of Representatives to lim¬
it the bringing bills of review to three years from the date
of the decree.
Mr. Reed moved to amend by striking out the word
'three," and inserting the word "five."
Which motion was lost.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took np, as the Report of the Committee of
the Whole, the following Bill of the House of Represen¬
tatives :
A Bill for the relief of Executors, Administrators and
Guardians, and to authorize the Courts of Ordinary in this
State to grant them letters dismissory in cases therein spe¬
cified, and to point out the mode of paying commission to
the same, and for other purposes.
The Judiciary Committee moved to amend by striking
out all after the enacting clause except the seventh section.
Which was agreed to.
They also moved further to amend by adding the follow¬
ing as an additional section:
Be it enacted by the Senate and House of Representa¬
tives of the State of Georgia in General Assembly met,
and it is hereby enacted by the authority of the same,
That the qualification of any Executor shall not cast upon
him any express trust declared therein, or bind him to ex¬
ecute the same ; but that he shall still have the option to
accept or refuse [such trust, and by his qualification as Ex¬
ecutor he shall only be bound to perform the duties required
by law, where no express trust is created in Executors by
the will.
Which was agreed to.
The Report as amended was agreed to. f
The Bill was read the third time and passed.
On motion of Mr. Hardeman, the Senate took up, as the
Report of the. Committee of the Whole, the Bill of the
House of Representatives to incorporate the Baptist Fe¬
male College of'South Western Georgia, and to incorporate
the Albany Male and Female College, and to confer cer¬
tain privileges upon the Trustees therein named.
L The Report was agreed to.
The Bill was read the third time and passed.
Mr. Harman made the following Report:
The Committee to whom was referred the Memorial of
Angus M. D. King, ask leave to report that, on equiryand ex¬
amination, they are fully satisfied that the facts set forth
in said Memorial are true, and that the original considera¬
tion of his note given to the Central Bank of Georgia in the
sum of twenty-one hundred and forty-five dollars, was bills
204
JOURNAL OF THE
of the Bank of Darien received after the suspension of pay-
ment by said Bank; also, that judgment has been had on
said note, and that a portion of said judgment^ remains yet
unpaid. Your committee also state that on investigation
made, they find that the relief prayed by Memorialist has,
under like circumstances, been granted to other debtors of
the State, and which relief your committee believe to be
reasonable and proper to be granted.
Whereupon they recommend the passage of the follow¬
ing Resolution:
Resolved by the Senate and Rouse of Representatives
of the State of Georgia in General Assembly met, That
the officers of the Central Bank of Georgia be and they are
hereby authorized, on a settlement of the judgment in
favor of said Bank against Angus M. D. King, rendered
On his note given to said Bank in the sum of twenty-one hun¬
dred and forty-five dollars,toextend to said King the privilege
of settling seven-tenths of said judgment in bills of the
Bank of Darien, or their cash equivalent, and the other
three-tenths of said judgment in specie, or the equivalant
of specie, and that in making such settlement, said officers
of the Central Bank shall be authorized to take into con¬
sideration the sums paid and the amount remaining unpaid
so as fully to meet t-he object and purpose of the Resolution.
On motion of Mr. Harman, the Report was taken up.
Mr. Moore moved to amend by striking out the words
" or their cash equivalant."
Which was agreed to.
On motion of Mr. Harman, the Report was laid on the
table for the present.
Mr. Anderson reported a Bill to authorize the Commis¬
sioners of Public Roads of Chatham county to shut up
permanently the Creek between Whitmarsh and Oatlands
Islands.
Which was read the first time.
Mr. Connelly reported a Bill to declare the meaning of
the Act of the 24th December, 1791, on the subject of re¬
tailing Spirituous Liquors, &c., &c.
Which was read the first time.
Mr. Cone reported a Bill to alter the 12th section of the
first article of the Constitution of the State of Georgia.
Which was read the first time.
Mr. Moore laid upon the table the following Resolution,
which was taken up, read and agreed to:
Resolved, That the hour of departure of the officers and
members of the General Assembly from the city of klil-
ledgeville to visit the city of Savannah, shall be 10 o'clock,
A. M., on Thursday next, the 11th inst., instead of nine;
and,
senate.
205
On motion, the Secretary was directed to carry the same
forthwith to the House of Representatives.
Mr. Harman, from the Committee on Enrollment, re¬
ported as duly enrolled and ready for the signature of the
President of the Senate :
The Report of the Joint Committee of the General As¬
sembly on the invitation extended by the City Council and
citizens of Savannah to his Excellency the Governor, the
State House officers, and the General Assembly and officers
thereof, to visit their city, &c.
On motion, the Senate adjourned until 10 o'clock to¬
morrow morning.
+ ©
TUESDAY, Dec. 9th, 1851.
i
The Senate met pursuant to adjournment.
Mr. Stroud reported a Bill to incorporate Generous "War¬
ren Lodge, Ho. twenty-four, of Eree and Accepted Masons,
in the town of Monroe in Walton county.
Which was read the first time.
Mr. McCune reported a Bill to shorten Litigation and to
regulate continuances.
Which was read the first time.
Mr. J. L. Bird reported a Bill to incorporate Crawford-
ville Academy in the county of Taliaferro, and to appoint
Trustees for the same.
* Which was read the first time.
The following message was received from His Excel¬
lency the Governor, by Mr. Payne his Secretary :
Mr. President :—The Governor has assented to and
signed the Resolutions in reference to the visit of the
General Assembly to the city of Savannah, a copy of
which has been forwarded to the City Council of Savan¬
nah, and the original deposited in the office of the Secre-
cretary of State.
Mr. Moore asked and obtained leave of absence for Mr.
P. M. Byrd for a few days aftef to-morrow, on special
business.
Mr. Foster, Chairman of the Judiciary Committee, made
the following Report:
Mr. President : The Committee on the Judiciary have
had under their consideration a Bill entitled an Act to
alter and amend the 27th section of the 10th division of
the Penal Code, and report the same back without amend¬
ment, and ask lor it a favorable consideration.
Also, a Bill entitled an Act to amend an Act to extend
to the several counties of this State the provisions of an
206 journal of the
Act to give Masons an incumberance for\ debts due, &c.,
' and report'the same back with their disapprobation.
Also, a Resolution instructing this Committee to enquire
into and report on the expediency of allowing defendants
in execution a limited time to redeem real estate sold un¬
der execution; and report that in the opinion of this Com-
mittee it would be impolitic to make any such provision
of law as that contemplated by said Resolution.
Also, a Bill entitled an Act to limit the lien of judg¬
ments rendered in any of the Courts of this State; and
report the same back, and ask for it a favorable considera¬
tion.
Also, a Bill entitled an Act to secure to W. T. Colquitt
and others the use of a part of the water in the Chattahoo¬
chee River, and for other purposes ; and report the same
back with their approbation.
All of which is respectfully submitted.
Mr. Calhoun laid upon the table the following Resolu¬
tion, which was taken up, read and agreed to:
Resolved, That the Committee on Petitions be excused
from considering the petition of sundry citizens of Gwin-
nette, DeKalb, Cherokee and Forsyth counties, for the
formation of a new county, and that said petition he re¬
ferred to the Committee on New Counties.
Mr. Harman made the following Report:
Mr. President : I am directed by the Select Committee
on Incorporations to report a Bill to be entitled an Act to
amend the several Acts incorporating Oglethorpe Univer-i
sity, and to appoint additional Trustees, with the following
amendments.
They propose the following in lieu of the latter part of
the preamble :
After the words South Carolina, they propose to insert
" and said Synods having appointed eighteen Trustees
each," and the Synod of Alabama having, by invitation of
the "Georgia and South Carolina Synods, appointed'
eighteen Trustees."
They propose to strike, from the 6th line of the 1st sec¬
tion the words " and Alabama."
They propose to amend the 7th line of the 1st section
by inserting after the word Synod, " of Georgia, South
Carolina and Alabama."
They report a Bill to incorporate the Griffin Synodical
College without amendment, and recommend its passage.
Also, a Bill to incorporate the Lanier House Company
without amendment, and recommend its passage.
Also, a Bill to incorporate the Georgia Mechanical and
Manufactural Institute of the State of Georgia.
They have also directed me to report the Bill to incor-
SENATE.
porate the Mount Zion Academy in the county of Murray,
with a substitute for the same, to-wit:
A Bill Jo incorporate the Mount Zion Academy in the
county of Murray, and the Hawkinsville Academy, and
to appoint Trustees therefor.
Also, the Fort Yalley Female Seminary or High School.
They have also directed me to report the Bill to incor¬
porate Berry Chapter, Ho. 18 ; Houston Lodge, Ho. 35; and
Lodge, Ho. 107, and for other purposes.
And the Bill to incorporate Lincoln Lodge, Ho. 78, at
Lincolnton, Georgia; and Atlanta Lodge, Ho. 59, with a
substitute for them, entitled
A Bill to be entitled an Act to incorporate Atlanta, Ho.
59; Berry Chapter, Ho. 18, in Berry, Houston county;
Houston Lodge, Ho. 35 ; Thurmond Lodge, Ho. 107; Lin¬
coln Lodge, Ho. 78 ; Thomaston Chapter,. Ho. 29 ; Morn¬
ing Star Lodge, Ho. 27, of Free and Accepted Masons;
and Greensboro' Division, Ho. 67, Sons of Temperance.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to repeal an Act passed in 1850, re¬
viving the several Acts passed 1798 and 1799, or so much
thereof, compelling persons to proscession their lands and
the penalties thereon, so far as it relates to the counties of
Floyd, Chattooga and Gordon.
The Report was agreed to ; and,
On motion of Mr. Cone, the Bill was laid upon the
table for the present.
' The Senate took up, as the Report of the Committee of
The Whole, the Bill to amend an Act entitled an Act
amendatory of and in addition to the various Acts hereto¬
fore passed in reference to the city of Savannah, approved
December 8th, 1819, to allow an appeal to a special Jury
in the Superior Court of Chatham county from any deci¬
sion made under the sixth section of that Act; and also
to provide for the registry of the names of all persons en¬
titled to vote for Mayor and Aldermen of said city, and to
prevent persons from voting for such Mayor and Alder¬
men whose names are not registered.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to incorporate the village of Cave
Spring, in the county of Floyd, and to appoint Commis¬
sioners for the same.
For which the Committee on the Judiciary offered the
following substitute by way of amendment:
A Bill to be entitled an Act to incorporate the village
of Cave Spring, in the county of Floyd, and to provide
for the election of Commissioners for the same; and to
amend an Act entitled an Act to incorporate the Manual
208
JOURNAL OF THE
Labor School at Cave Spring, Yann's Yalley, Floyd county,
Georgia, assented to 21st Dec., 1839.
Which was received.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to alter and amend the twenty-seventh
section of the tenth division of the Penal Code.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to alter and amend the 1st section of
an Act entitled an Act to alter and amend the several
Acts in relation to itinerant traders, and to prescribe the
mode of obtaining license, approved Nov. 27th, 1815, so
far as respects the county of Lee.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to change the name of John Sheahan,
of the county of Chatham, to the name of John Theodore
McFarland, and to allow and qualify the said John under
the name of John Theodore McFarland, to inherit property
from John McFarland of Chatham county.
The Report was agreed to.
The Bill was read the third time and passed.
The following Message was received from his Excellency
the Governor, by Mr. Steele his Secretary :
Mr. President :—His Excellency the Governor, has ap¬
proved and signed the following Acts, to-wit :
An Act to alter and amend the sixth section and third
article of the Constitution of the State of Georgia.
An Act to incorporate the Georgia Military Institute.
Which have been deposited in the office of the Secre¬
tary of State.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to amend an Act to extend to the
several counties of this State the provisions of an Act to
give Masons and Carpenters an incumbrance for debts
due on account of work done, &c., so far as to grant like
privileges to painters. ■
The Report was agreed to.
The Bill was read the third time ; and on the question
" Shall this Bill now pass ?" the yeas and nays were requir¬
ed to *be recorded, ana are—yeas 11, nays 29.
Those who voted in the affirmative, are Messrs.
SENATE. 209
Anderson, Coffee, Walthour,
Bethune, Flournoy, Wilcox,
Burks, Harris, Wolfe.
Philip M. Byrd, MeCune,
Those who voted in the negative are Messrs.
Beavers, Foster, Reed,
Bryan, Griggs, Ross,
John L. Bird, Hardeman, Slaughter,
Calhoun, Harman, Spalding,
Cone, Hicks, Stroud,
Connelly, Lawson, Tomlinson,
Crocker, Little, Tumlin,
Hay, McRae, Wellborn,
Dickinson, Moore, Wright.
Flewellen, Mosely,
The following Message was received from the House of
Representatives, by Mr. Sturgis, their Clerk.:
Mr. President :—The House of Representatives have
concurred in the following Resolution of the Senate :
Resolved^ That the hour of departure of the officers and
members of the General Assembly from the city of Mil-
ledgeville, to visit the city of Savannah, shall be ten
o'clock, A. M., on Thursday next, the 11th inst., instead
of nine.
The House of Representatives have also passed the fol¬
lowing Bill:
A Bill to lay out and form a new county out of the
county of Murray, and to organize the same.
On motion of Mr. McCune, the rule was suspended,
and he laid upon the table the following Resolution :
Resolved, That the Secretary of the Senate have printed,
for the use of the Senate, three hundred copies of so much
of the Statistics of the State as have been prepared for
printing.
On motion the Resolution was taken up and read.
Mr. Foster moved to amend by striking out the word
three," and inserting the word " five."
Which was agreed to.
And the Resolution as amended was agreed to.
Mr. Harman, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate:
An Act to secure to the Rock Island Factory certain
privileges, and for other purposes therein named.
Also, an Act to alter and change the time of holding the Su¬
perior Courts in the county of Marion; to .allow said county
14
210
JOURNAL OF THE
two weeks instead of one for the term of said courts; to
authorize the Judge of said court to draw two pannels of
frand and petit Jurors, and to authorize and require the
ustices of the Inferior. Court of .said county to draw an
additional pannel for the next term of said court.
The Senate took up, as the Eeport of the Committee of
the "Whole, the Bill to limit the lien of Judgments ren¬
dered in any of the counties of this State.
The Eeport was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Eeport of the Committee of
the Whole, the Bill to incorporate the Atlanta Lodge,
No. 59, for which the Committee on the Judiciary offered
the following substitute, by way of amendment:
A Bill to incorporate Atlanta Lodge, No. 59; Perry
Chapter, No. 18, in the town of Perry, Houston county;
and Houston Lodge, No. 35 ; and Thurmond Lodge, No.
107; and Lincoln Lodge, No. 78; and Thomaston Chapter,
No. 29; and Morning Star Lodge, No. 27, of Free and Ac¬
cepted Masons ; and GreeAsboro' Division, No. 67, Sons of
Temperance.
Mr. Cone moved to amend the substitute by striking
out all in relation to the Greensboro' Division, No. 67,
Sons of Temperance.
On which motion, the yeas and nays were required to
be recorded, and are, yeas 17, nays 25.
Those who voted in the affirmative are Messrs.
Beavers, Griggs, Slaughter,
Butler, Harris, Tomlinson,
Philip M. Byrd, Moore, Tumlin,
Calhoun, Mosely, Watters,
Cone, Eeed, Wolfe.
Crocker, Eoss,
Those who voted in the negative, are Messrs.
Anderson, Dickinson, Lawson,
Bethune, Flewellen, McCune,
Bryan, Flournoy, McEae,
Burks, Foster, Stroud,
John L. Bird, Hardeman, Walthour,
Chappell, Harman, Wellborn,
Coffee, Hicks, Willcox,
Connelly, Knight, Wright.
Day,
So the motion was lost.
senate. 211
Mr. Mosely moved to amend the substitute, by adding
to the second section, the following :
And that John Edmondson, Worshipful Master, Wiley
Patrick, Senior Warden, and John M. Weldon, Junior
Warden, of Ringgold Lodge, No. —, in the county of
Spalding, and their successors in office, be and they are
hereby constituted a body corporate and politic, under the
name and style of Ringgold Lodge, No. —, of Free and
Accepted Masons.
Which was agreed to.
The substitute, as amended, was received.
The report, as amended, was agreed to.
The Bill was read the third time and passed.
-The Senate took up, as the Report of the Committee of
the Whole, the Bill to incorporate the Georgia Mechani¬
cal and Manufactural Institute of the State of Georgia,
and to confer certain privileges on the same.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to incorporate the Lanier House Com¬
pany.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to authorize a grant to issue to Henry
S. Roberts, for a certain lot of land, and for other purposes.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to incorporate the Griffin Synodical
College, and to grant to such incorporation certain rights,
immunities, and privileges.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to amend the several Acts incorpora-
ting Oglethorpe University, and to appoint additional
Trustees.
And on reading the preamble as follows:
Whereas, by the Act of incorporation of Oglethorpe
University, the direction and management of the Univer¬
sity, and of the Manual Labor Institution attached there¬
to, was vested in Hopewell Presbytery, or any other as¬
sembly or body to which said Presbytery may transfer
its authority over said institution; and, whereas, the con¬
trol and superintendance of said University have been
transferred by Hopewell Presbytery to the Synods of
Georgia, South Carolina and Alabama, and said Synods
212 JOTJKN.ili OF THE
have severally appointed eighteen Trustees on the part of
each—
The Committee on Corporations moved to amend by
striking out the following words: " Alabama, and said
Synods have severally appointed eighteen Trustees on the
part of each," and insert in lieu thereof the following:
"And said Synods having appointed eighteen Trustees
each, and the Synod of Alabama having, by invitation of
the Georgia and South Carolina Synods, appointed eigh¬
teen Trustees."
Which was agreed to.
And on reading the following part of the first section:
Be it enacted, That the transfer of the direction and
control of Ogletherpe University, and of the Manual La¬
bor Institution attached thereto by Hopewell Presbytery,
to the aforesaid Synods of Georgia and South Carolina,
and Alabama, and the appointment of eighteen Trustees
by each of said Synods of Georgia, South Carolina, and
Alabama, heretofore made, are hereby confirmed and ren¬
dered legal, and that all tfce acts and proceedings of said
Trustees, or a competent quorum thereof, heretofore had
in pursuance of said charter, are hereby confirmed and
rendered valid.
The Committee on Corporations moved to amend by
striking out the words, " and Alabama."
Which was agreed to.
The Committee on Corporations also moved to amend
by adding after the word "Synod," the following words,
" of Georgia, South Carolina, and Alabama."
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to secure to W. T. Colquitt and others,
the use of that part of the water of the Chattahoochee
River belonging to the State, at and about the city of Co¬
lumbus, and for other purposes therein mentioned.
The Report was agreed to.
The Bill was read the third time, and passed unani¬
mously.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to incorporate Mount Zion Academy,
in the county of Murray, and appoint Trustees for the
same.
For which the Select Committee Offered the following
as a substitute, to wit:
A Bill to be entitled an Act to incorporate the Mount
Zion Academy, in the county of Murray, and the Haw-
kinsville Academy,, and. appoint Trustees therefor; and
the Fort Yalley Female Seminary or High School.
SENATE. £13
"Which was received.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
On motion of Mr. Moore, the order was suspended, and
he reported a Bill to authorize and require the Justices of
the Inferior Court in the several counties in this State, to
hire out free persons of color, upon the commission of cer¬
tain crimes therein specified.
Which was read the first time.
On motion of Mr. Harman, the order was further sus¬
pended, and he reported a Bill to require persons apply¬
ing for a writ of Habeas Corpus, ad subjiciendum, in any
State case, to give the prosecutor notice of the time and
place when said application will be heard.
Which was read the first time.
Mr. Griggs reported a Bill to abolish the election pre¬
cincts of Jasper county, in this State.
Which was read the first time.
On motion of Mr. Watters, the Bill to repeal an Act
passed in 1850, revising the Land Act, passed 1798 and
1799, or so much thereof compiling persons to procession
their lands, and the penalties thereon, so far as relates to
the counties of Floyd, Chattooga and Gordon, was taken
up and referred to the Committee on the Judiciary.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole:
A Bill to fix and regulate the times for holding the Su¬
perior Courts in the Macon Circuit.
Also, a Bill to alter the twelfth section of the first article
of the Constitution of the State of Georgia.
Also, a Bill to amend an Act entitled an Act to lay off
and divide the State into eight Congressional Districts, &c.
Also, a Bill to authorize the Commissioners of public
roads of Chatham county, to shut up permanently the
creek between Whitemarsh and Oatlands Islands.
The Bill to declare the meaning of the Act of the 24th
December, 1791, on the subject of retailing spirituous li¬
quors, &c.
Was taken up, read the second time, and on motion of
Mr. Connelly, was referred to the Committee on the Judi¬
ciary.
The Bill to prescribe conditions to the issuing of mar¬
riage license and for other purposes,
Was read the second time, and on motion was referred
to the Committee on the Judiciary.
The Bill of the House of Representatives, to lay out and
form a new county out of the county of Murray, and to
organize the same.
Was taken up and read the first time.
' The President presented to the Senate the memorial of
214 JOURNAL, OF THB
sundry citizens of the city of Columhus and its vicinitjj
in relation to certain Bank agencies.
Which, on motion, was referred to the Committee on
Banks.
On motion, the Senate adjourned until to-morrow morn¬
ing, 10 o'clock.
WEDNESDAY, Dec. 10,1851.
The Senate met pursuant to adjournment.
On motion of Mr. Bethune, so much of the Journal of
yesterday as relates to the passage of the Bill to incorpo¬
rate the Lanier House Company was reconsidered.
Mr. Slaughter asked and obtained leave of absence for
Mr. Anderson for a few days, on important business.
Mr. Knight asked and obtained leave of absence for Mr.
McRae for a few days, on* special business.
Mr. Moore asked and obtained leave of absence for Mr.
Bryan for a few days, after Monday next, on special busi¬
ness.
Mr. Moore, from the Select Committee on New Coun¬
ties, made the following Report:
Me. President :—The Select Committee on New Coun¬
ties, to whom was referred a Bill to be entitled an Act to
lay out a new county from the counties of Burke and
Emanuel, and to provide for the organization thereof, di¬
rect me to report the Bill back to the Senate, and beg to
be discharged from further consideration of the same.
Mr. Slaughter made the following Report:
The committee appointed to enquire into and report to
this branch of the General Assembly, the present condi¬
tion, prospects and wants of the Lunatic Asylum, submit
the following .Report:
That they have as carefully as they well could, investi¬
gated the same, and feel abundant cause for gratulation
and pride as Georgians, that an Institution, emanating
purely from a spirit of charity and philanthropy, for the
amelioration of the greatest and most deplorable of all
human afflictions, is now in successful operation in our
midst, and extending its unspeakable blessings to several
of our sister States. So soon as the means of our State
will justify such special appropriation as will carry out
the original plan of its wise and benevolent projector, all
will have been accomplished that can be done by wise and
humane legislation. In our present enlightened age, it
seems to your committee that it would be considered an
SENATE.
215
insult to any Georgia legislator perfectly inexcusable, for
them to offer any arguments to prove that insanity is a
curable disease under proper medical and moral treatment,
and especially so in the early stages of lunacy. The re¬
sult in our own Institution, and the reports from many of
the liberally endowed and well managed Asylums in other
parts of the Western States, show that a large majority of
cases subjected to proper treatment within the nrst few
months after insanity recover. The age in which we live
is one peculiarly marked as one. of progression, and the
wonderful improvements in science and mechanic arts
have almost entirely changed the condition of the world.
The science of medicine has made wonderful progress
within the last few years, and without detracting from the
general merit and reputation of the lovers and promoters
of the various arts and sciences, it is but just that the
literary world should award to many of the physicians of
the present day the credit of at least contributing a pro¬
portionate share of energy towards the many wonderful
improvements in science and the mechanic arts gene¬
rally ; and perhaps in the treatment of diseases no changes
have been more evidently salutary than in the present
method adopted for the cure of lunacy.
It is evident to your committee, however, that merit very
much must depend upon the judgment and skill as well
as adaptation of talents ol the superintending physician
of any Asylum, towards realizing the benefits of the im¬
provements which have been suggested. It really requires
a peculiar talent, a combination of native, moral and medi-
•cal qualifications, to render a physician strictly eligible to
fill the important station.
"While upon this subject, your committee are pleased to
express their opinion that the present superintending Phy¬
sician of the Georgia Lunatic Asylum possesses high and
rare qualifications for the vastly important office which he
now holds, his duties being arduous in the extreme, but
ably and faithfully performed. In view of these facts,
your committee would suggest that his present salary of
$1500 00 is not a fair and Sufficient compensation for his
valuable services, and do most earnestly recommend that
it be increased to $1800 00 per annum.
They would also recommend additionally, by way of a
regular appropriation, that the sum of $7615 00 be allowed
for the payment of the Trustees, Treasurer and Sub-Offi¬
cers, as well as for the hire of servants for said Asylum,
and that the sum of $10,000 00 be allowed for the support
of pauper patients, making the sum total by way of a
regular annual appropriation, of $19,445 00.
Your committee, from a sense of duty to themselves,
while feeling their responsibility of guardianship for this
216 JOURNAL OF THIS
unfortunate class of human "beings, as well as for the pur¬
pose of eliciting a just appreciation of the merits of the
management ot this Institution to the fostering care of the
State of Georgia, do most earnestly solicit every member
of our General Assembly to read carefully the rules and
regulations for the government of our Lunatic Asylum, as
well as the last very able and interesting report of Dr.
Green, developing as they do, in a very correct light, such
a system as will insure the approval of every philanthro¬
pist, and when matured, will be the proudest monument
in the history of Georgia.
The Lunatic Asylum of Georgia is yet in its infancy, and
it was not to be expected that your committee would find
all that perfection of arrangement, display of taste and
comfortable accommodation which are desirable in Insti¬
tutions of this sort—are but seldom reared up and endowed
to suit the wants and meet all the demands of so large,
populous and growing a state as ours in so short a time;
and if Georgia has not done all she might have done for
the Institution, she has done much to enable it to dispense
an incalculable amount of good to that most unfortunate
class of her population that this Institution was designed
to benefit.
It is, therefore, even now an Institution of which Geor¬
gians may well be proud.
As our wants increase, so must our means be enlarged
to meet them, at least with a moderate competence. This
Institution is now full, and there are and have been, for
several months, many applications that cannot be received.
Every one must admit that this ought not to be so. A
State cannot owe any higher and more sacred obligation
than to provide for this class of its population.
According to the late census, there are now in this State
between six and seven hundred lunatics, epiliptics and
idiots, besides those in our Asylum.
A portion of these, both pauper and pay patients, have
been presented as contemplated by law, but they could not
be accommodated, and consequently were not received.
Their applications continue most importunately, and will
not the generosity of our Legislators provide for their
accommodation? Again, the ratio of increase for this
disease may be calculated at one for every eight hundred
inhabitants. This clearly proves the necessity of extended
accommodations ; and while your Committee are aware
that the speedy perfection of this Institution would require
an appropriation of some one hundred and thirty or forty
thousand dollars, an outlay of means far beyond the im¬
mediate resources of this State, yet they feel compelled to
recommend an appropriation of fifty thousand dollars for
the purpose of properly enclosing the Asylum grounds, of
SENATE.
erecting a suitable building for convalescents, for building
dormitories, for giving them increased facilities for ana
- quantities of water, and for various other very important
and almost indispensablo arrangements.
Your committee would recommend that the funds ap¬
propriated should he rendered accessible to the Board of
Trustees of the Lunatic Asylum, and that they, together
with the superintending Physician, shall in their discre¬
tion, place for, and have said improvements made to the
best advantage. Your committee cannot see any good
reason why demented negroes should not claim the sym¬
pathies of Legislators; and they therefore recommend
that economical arrangement be made for their occommo-
dation within the contemplated enclosure. Your commit¬
tee are furthermore of opinion, that it is prudent not to re¬
ceive any more patients in the Asylum from other States,
until we shall have first accommodated all of our home ap¬
plicants ; and on motion of Mr. , fifty copies were
ordered to be printed for the use of the Senate.
Mr. liar man from the Committee on Enrolment, report¬
ed as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate,
"An Act, supplemental to an Act, passed 28th Decem¬
ber, 1843, making it the duty of the Governor whenever
the public interest shall require it, to cause the Assets of
the Central Bank to be deposited in the Treasury of the
State."
Mr. Harman laid upon the table the following Resolu¬
tion, which was taken up, read and agreed to :
Resol/ved, That Messrs. James E. Whitesides and Kerr
Boyce, distinguished citizens of our sister States of Ten¬
nessee and South Carolina, be invited to take seats within
the bar of the Senate Chamber.
Mr. Bethune reported a Bill amendatory of so much of
an Act of the General Assembly, assented to in 1847, " as
authorizes the City Council of Milledgeville to levy and
raise a tax assessed on the value of real property owned
or leased for a term of years within the corporate limits of
said city," so as to extend the time within which to raise
an amount to pay the subscription of said city for stock
in the Milledgeville and Gordon Railroad Company.
Which was read the first time.
Mr. Flournoy reported a Bill to alter and amend an Act
entitled an Act, to incorporate the Muscogee Asylum for
the Poor; to make provision -for their support, and to au¬
thorize the Inferior Court of Muscogee county to bind out
poor children to said Corporation under certain circum¬
stances, and to provide for their education.
Which was read the first time.
218 JOURNAL OF THE
Mr. McCune reported a Bill to change the penalty for
the offence of Larceny from the House, in certain cases.
Which was read the first time.
On motion of Mr. Harman, the Report of the Select
Committee on the Memorial of Angus M. D. King was
taken up, and after some discussion thereon,
On motion of Mr. Bethune, the same was laid upon the
table for the present.
The Committee on Internal Improvements, to whom
was referred the Resolution in relation to the running off
of Cars upon the Western and Atlantic Railroad, report
they have had the subject referred to in the Resolution,
under consideration, and believe it to he a subject that re¬
quires the early attention of the Legislature, and think that
the Road should be placed under a more thorough organi¬
zation with as little delay as possible. In the meantime
they recommend the passage of the following Resolution:
Resolved, That his Excellency the Governor, he request¬
ed to enquire into the cause that produced .the recent run
offs upon the Western and Atlantic Railroad, and if prac¬
ticable, not to allow the new Engines lately ordered, to he
placed upon the track until a new organization is effected.
Which, on motion, was taken up, read, and agreed to.
On motion of Mr. Hardeman, the Senate went into Com¬
mittee of the Whole, oh the special Order of the Day,
which was the Bill to incorporate a Bank in the city of
Atlanta, to be called the Atlanta Bank—Mr. Harman in
the Chair—and after some time spent therein, on motion
of Mr. Foster, the Committee rose, reported progress, and
asked leave to sit again.
On motion of Mr. Harman, the Senate took up and
agreed to the Report.
The following Message was received from his Excel¬
lency the Governor by Mr. Paine, his Secretary, which,
on motion of Mr. Foster, was taken up and read as follows:
Executive Department, )
Milledgeville, 1C)th Dec., 1851. j
I herewith transmit to the General Assembly, the Reso¬
lutions and Memorial of the Legislature of Tennessee,
which I have received from Mr. James A. Whitesides, the
Commissioner of that State.
The subjects to which your attention is invited by these
papers, are of a delicate and interesting character.
My information on the matters of complaint, in refer¬
ence to the East Tennessee and Georgia Railroad, and the
Western and Atlantic Railroad Companies, is not sufficient
to authorize, on my part, an indication of the course you
should adopt.
I commend, however, the tone and feeling exhibited by
SENATE.
219
our sister State on this branch of the subject, as exhibiting
the proper spirit with which to approach the investigation
of the questions involved.
HOWELL COBB.
And the same, on motion of Mr. Cone, was laid on the
table for the present.
Mr. McCune presented the memorial of citizens of Mon¬
roe, praying to be added to the county of Butts.
Which, on his motion, was referred to a Select Commit¬
tee, consisting of Messrs. McCune, Harman and Tumlin,
without being read.
NThe following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President: The House of Representatives have
passed the following Bills, to wit:
A Bill to amend the Attachment Laws of this State.
Also, a Bill to repeal an Act entitled an Act to con¬
solidate the offices of Tax Collector and Receiver of Tax
Returns in the counties of Rabun, Camden, Irwin, Floyd,
Scriveu, Paulding, Wayne, Murray, Cherokee, Glynn,
Telfair and Laurens, so far as respects the county of Rabun.
Also, a Bill to repeal an Act entitled an Act to repeal
an Act to appoint County Treasurers, and define their du¬
ties, so far as relates to the counties of Troup, Carroll,
Crawford, Murray, Monroe, Montgomery, Pike, Appling,
Randolph, Warren, Fayette, Chatham, Cherokee, and
Stewart, and to give to the people of said counties the
election of Treasurer, approved the 20th December, 1849,
so far as relates to the county of Troup.
The House of Representatives have passed the follow¬
ing Bills of the Senate, to wit:
A Bill to incorporate the Magnolia Steam Packet Com¬
pany.
A Bill to grant certain privileges to the Chatham Artil¬
lery, and certain other volunteer corps therein named.
A Bill ,to incorporate the Hebrew Benevolent Society
of Savannah.
A Bill to amend the charter of the Jewish'Congrega¬
tion at Savanaah.
A Bill to authorize Alfred F. Braham to plead and
practice law in the Courts of Law and Equity of this State,
on certain conditions therein named.
A Bill to amend an Act to incorporate the Washington
Fire Company of the city of Savannah.
The House of Representatives have also concurred in
the Joint Resolution of the Senate, in relation to the es¬
tablishment of a weekly mail route from Blairsville to
Cassville.
The House of Representatives have also concurred in
220
JOURNAL OF THE
the amendments of the Senate to the following Bills of the
House of Representatives, to wit:
A Bill to distribute to the Justices of the Peace in Hab¬
ersham county, books belonging to the State.
A Bill for the relief of Elizabeth Ann Anthony, wife
of Lavoiser L. Anthony, of Richmond.
A Bill to authorize Obadiah S. Dickinson, the present
County* Surveyor of Rabun county, to resurvey a part of
the first and second districts of said county, and to ap¬
propriate money for the same.
A Bill to extend certain privileges to Thomas D. Pra-
ther, of the county of Harris, and to make legal and bind¬
ing the acts and doings of the said Thomas D. Prather,
and for other purposes therein contained.
A Bill to incorporate a Yolunteer corps of Infantry in
the city of Augusta, and to grant unto it certain privileges.
And also, a Bill to confer certain privileges upon John
Everett, of Thomas county, and to make lawful his acts,
and give him authority to transact business as though he
were of full age.
The following Message was received from his Excel¬
lency, the Governor, by Mr. Hood, his Secretary :
Mr. President :—I am directed by his Excellency the
Governor, to lay before the Senate a communication in
writing.
On motion of Mr. Moore, the Senate went into Com-
' mittee of the Whole, on the Bill to incorporate a Bank in
the city of Atlanta, to be called the Atlanta Bank—Mr.
Harman in the Chair—and after some time spent therein,
on motion of Mr. Cone, the Committee rose and reported
the Bill with amendments.
On motion of Mr. Harman, the Report was taken up,
and on reading the 11th section, as follows :
Ho notice or protest shall be necessary to charge any
maker or endorser, of any note, bill, or other obligation
discontinued by said Bank, and in all suits commenced by
said corporation, upon any note, bill, bond, or obligation,
upon which there shall be any endorser or endorsers, the
maker or makers, together with the endorser or endorsers,
or their representatives, may be embraced and sued in the
same action, and no proof of notice, demand or protest,,
shall be required on any trial to authorize a recovery.
Mr. Bethune moved to amend by striking out the same.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time, and pending the dis¬
cussion thereon, the Senate adjourned until 3 o'clock, P. M.
SENATE.
221
Thbee o'clock, P. M.
The Senate met pursuant to adjournment.
On motion, the order was suspended, and the Joint
Standing Military Committee, through Mr. Cone, Chair¬
man, made the following Report:
That they have fully and carefully examined the arms
and accoutrements in arsenal at this place, and find in said
arsenal one thousand three hundred and fifty-six muskets
fit for service, and forty-five Johnson's and twenty Hall's
spring rifles.
Of this number, one thousand and eighty-seven muskets,
and the rifles, want cleaning, having been oiled and laid
up until they are injuring; one hundred and eighty-five
muskets and fifteen rifles that have been returned from
volunteer companies, that are out of order. We recommend
that his Excellency the Governor, employ some fit and
proper person or persons to clean said muskets, and repair
such as are worth repairing. "We further recommend that
after being cleaned the muskets and rifles be boxed up, as
in our opinion, the best mode of keeping them.
The other accoutrements are in accordance with the
Military Store Keeper's Reports. We recommend that
the cartridge boxes be cleaned and oiled. The amunition
in the Magazine we have carefully examined, and find the
owder worthless or nearly so, having been so long on
and and exposed to the air, from the kegs giving way
from age, and the worms eating the hoops. We recom¬
mend that his Excellency have it sold and a new supply
placed in the Arsenal. We find one piece of ordinance, a
brass six pounder, in good order. We farther recommend
that his Excellency the Governer, apply for the arms and
accoutrements due the State of Georgia from the General
Government, and have them deposited as he may think
for the interest of the State.
Mr. Bethune made the following Report:
Mb. President :—The Committee on Finance have di¬
rected me to report, that in compliance with a ' Resolution
of the Senate, instructing them to enquire and report at
the earliest day practicable, the amount due and outstand¬
ing against the State on account of bonds issued by the
State, including all such bonds as have been issued on ac¬
count of the State Road and Central Bank; also, the
amount due on Iron and other expenditures on the State
Road, which have not been liquidated, and also the proba¬
ble amount that will hereafter have to be assumed by the
State on account of the deficiency of assets of the Central
Bank to meet its outstanding liabilities; also, the proba-
222
JOURNAL OF THE
ble amount that the State will ultimately "be required to
pay to the Creditors of the Darien Bank, and all other lia¬
bilities of the State, &c.
They have to the best of their ability, discharged that
duty, and present as the result of their investigations the
following statement:
State Bonds isssued 1st Jan., 1848, payable at Augusta
1st July, 1853, $10,000 00, 6 perct.
State Bonds issued 1st Jan., 1818,
payable at Augusta, 1st Jan., 1858, 22,222 22 "
State Bonds issued 1st July, 1818,
payable at Augusta, 1st July, 1863, 25,000 00 "
State Bonds issued 1st July, 1818, -
payable at Savannah,1st July,1863, 15,000 00 "
State Bonds issued 1st July, 1818,
payable at Augusta, 1st July, 1868, 216,500 00 "
State Bonds issued 15th July, 1811,
payable at Treasury, 1st Sep., 1869, 301,500 00 "
State Bonds issued 25th Jan., 1810,
payable at Treasury, 1st June, 1870, 202,750 00 "
State Bonds issued 25th Jan., 1811,
payable at Treasury, 1st July, 1871, 219,750 00 "
State Bonds issued 1st Jan., 1812,
payable at Treasury, 1st July, 1872, 130,250 00 "
State Bonds issued 1st June, 1812,
payable at Treasury, 1st Jan., 1873, 170,750 00 "
State Bonds issued 1st Jan., 1813,
payable at Treasury 1st Jan., 1873, 41,000 00 "
State Bonds issued 1st May, 1811,
payable at Treasury 1st May, 1871, 81,500 00 "
State Bonds issued 1st May, 1848,
payable at Treasury 1st May, 1871, 183,500 00, 7 per ct.
Bonds payable in London, £15,000, 72,000 00, '5 "
On account of State Road Bonds, guarantied by Georgia
Due Ga. R. R. & Banking Co. (liquidated,) 79,285 71
Due for Iron contracted for by Gov. Towns,
and W. L. Mitchell, Chief Engineer, 168,512 18
Other outstanding claims reported by Com¬
mittee on Internal Improvement, 121,911 91
$518,336 62
The estimated amount of liability on account of defi¬
ciency in assetts of Central Bank to meet her liabilities,
your Committee give as $340,017 66.
$1,721,722 22
and South Carolina Railroad,
Bonds held by John D. Gray & Co.
Damages to Caldwell & Dickinson,
$130,000 00
16,511 10
2,055 71
SENATE. 223
In replying to that portion of your resolution, calling
for an estimate of the proboble amount of the State's lia¬
bility on account of the Darien Bank, your Committee
will state that (exclusive of claims held by the Central
Bank) there are claims handed in to the Director, founded
on judgments, certificate of deposite, and bills amounting,
principal and interest, to $227,401 48.
Some of these claims, your Committee are not prepared
to recognize at all. It will, therefore, be seen that the lia¬
bility on this account must be regulated by legislative or
judicial action.
The liability of the State, however, on this account,
your Committee, without expressing an opinion upon the
claims generally, deem it not prudent to report as less than
$90,000 00.
Your Committee having endeavored to ascertain the
various items of indebtedness, find the result of their in¬
vestigations to be as follows, to wit:
Bonds of the State, $1,724,722 22
Liability of Road, 518,336 62
Liability on account of Central Bank, 340,047 66
" " « Darien " 90,000 00
Liability of State, existing on 1st Hov., 1851, $2,673,106 50
The date at which the State Bonds become due will be
found in the schedule. Those guarantied by the Georgia
and South Carolina Railroad, are made payable in 1856.
The Bonds held by John D. Gray & Co., were by the
Act authorizing their issue, made payable in equal instal¬
ments of one, two, and three years from their date.
The other indebtedness of the Road may be considered
duo now. That for the purchase of Iron has been provided
for within a few days past.
The periods at which the Central Bank bonds fall due
are given in the message of Governor Towns at the open¬
ing of this session, to which your Committee beg leave to
reter.
The creditors' of the Darien Bank are knocking at your
door daily for what may be due them.
The Senate resumed the consideration of the unfinished
business of the morning, to wit:
The Bill to incorporate a Bank in the city of Atlanta,
to be called the Atlanta Bank.
And on the question, " Shall this Bill how pass ?" the
yeas and nays were required to be recorded, and are—
yeas 17, nays 24.
224: JOURNAL OF THE
Those who voted in the affirmative, are Messrs.
Beavers, Crocker, Mosely,
Bethune, Dickinson, Simmons,
Burks, Farris, Tomlinson,
Philip M. Byrd, Flournoy, Tumlin,
Calhoun, Lawson, Wellborn.
Chappell, McEae,
Those who voted in the negative, are Messrs.
Bryan, Griggs, Moore,
Butler, Hardeman, Boss,
John L. Bird, Ilarman, Slaughter,
Coffee, Harris, Stroud,
Cone, Hicks, Watters,
Day, Knight, Willcox,
Flewellen, Little, Wolfe,
Foster, McCune, Wright.
So the Bill was lost.
Mr. Slaughter reported a Bill to authorize and require
the Inferior Court of Cherokee county, to allow to the Tax
Collectors of said county their insolvent lists.
Which was read the first time.
On motion, the Senate adjourned until 10 o'clock to¬
morrow morning.
THUKSDAY, Dec. 11,1851.
Tne Senate met pursuant to adjournment.
On motion of Mr. Moore, the reading of the Journal of
yesterday was dispensed with.
On motion, leave of absence was granted to Mr. Eeed
for few days, after Monday next: also, to Mr. Farris.
The following message was received from the House of
Bepresentatives by Mr. Sturgis, their Clerk:
Mr. President : The House of Bepresentatives have
passeda Besolution that both branches of the General As¬
sembly adjourn until Monday, the 15th instant, 10 o'clock
A. M., to which they ask the concurrence of the Senate.
On motion of Mr. Cone, the Senate took up the message
from the House, and concurred in the Besolution, and tne
Secretary was directed to inform the House forthwith of
the same.
On motion the Senate adjourned until Monday morn¬
ing, 10 o'clock.
SENATE.
225
MONDAY, December 15,1851.
The Senate met pursuant to adjournment.
On leave granted, Mr. Calhoun moved to reconsider so
much of the Journal of Wednesday as relates to the rejec¬
tion of the Bill to incorporate a Bank in the city of At¬
lanta.
On which motion, the yeas and nays were required to
be recorded, and are, yeas 21, nays 8.
Those who voted in affirmative, are Messrs.
Beavers, Flournoy, Mosely,
Burks, Hardeman, Boss,
Philip M. Byrd, Harman, Simmons,
Calhoun, Knight, Spalding,
Chappell, Lawson, Stroud,
Connelly, McOune, Tumlin,
Crocker, McBae, Watters,
Dickinson, Moore, Wellborn.
Those who voted in the negative, are Messrs.
Coffee, Griggs, Slaughter,
Cone, Harris, Wright.
Day, Hicks,
So the motion to reconsider prevailed.
Mr. McCune reported a Bill to incorporate the Georgia
and Florida Bailroad Company, to secure to the same cer¬
tain privileges, and for other purposes therein mentioned.
Which was read the first time.
Mr. Slaughter reported a Bill to authorize the Justices
of the Inferior Court of Cobb county to cause a new Court
House to be built in said county, and for other purposes
therein named.
Which was read the first time.
Mr. Harris reported a Bill to incorporate the Starkville
Academy in the county of Lee, and to appoint Trustees
for the same.
Which was read the first time.
Mr. Griggs reported a Bill to extend the incorporate
limits of the town of Eatonton, to regulate licenses there¬
in, to fix the time for the election of Commissioners, and
for other purposes.
Which was read the first time.
Mr. Spalding presented a petition from citizens of M
226 journal of the
Intosh county, praying an alteration in the line dividing
Liberty and Mcintosh counties.
"Which, on his motion, was referred to the Committee on
Petitions without being read.
Mr. Watters reported a Bill to incorporate the Cherokee
Railroad Company, and for other purposes therein con¬
tained.
Which was read the first time.
Mr. Ilarman reported a Bill to fix and define the force
of Record Copies of lost deeds in certain cases.
Which was read the first time.
Mr. Dickinson reported a Bill to incorporate Attapulgus
Pemale Academy, and to appoint Trustees for the same.
Which was read the first time.
Mr. McCune reported a Bill to incorporate Pinta Lodge
of Free and Accepted Masons in the town of Barnesville
in Pike county.
Which was read the first time.
Mr. Harman made the following Report:
Me. Pkesident : I am directed by the Select Committee
on Incorporations, to whom was referred the Bill to amend
an Act passed 23d day of December, 1826, granting to
the corporate authority of the town of Macon a certain
tract of land adjoining said town, for the purpose of pre¬
serving the health of said town, and for other purposes;
to report the same back, and recommend the same he
amended by striking out the whole of the 3d section, and
the whole of the fourth section, and strike out the fifth
section, and substitute for the fifth section the following
sections:
Sec. 1. Be it enacted by the authority aforesaid, That
the Marshal and Deputies of the city of Macon shall,
after their election and qualification, be under the exclu¬
sive control of the Mayor and Council, and may be dis¬
missed from office at any time for malpractice in office or
neglect of duty, by the vote of a majority of the members
. present, at any regular meeting of Council, and not to be
re-eligible during the time for which they have been elected.
Sec. 2. Be it further enacted by the authority aforesaid,
That the election of said Marshal and Deputies shall he
held at the same time of holding the city election, and the
Mayor and Council may appoint a different set of man¬
agers to superintend said election, to be held under the
same regulations as for Mayor and Council.
Sec. 3. Be it fwrther enacted by the authority aforesaid,
That in the event of a vacancy in the office of Marshall,
by removal, death or otherwise, the Mayor and Council
may order another election upon giving ten days public
notice.
On motion of Mr. Hardeman, the special Order, which
SENATE.
227
was the Bill for the " preservation and protection of the
rights of married women, and the distribution of their
estates," was postponed, and made the special Order for
to-morrow.
. The Senate took np as the Report of the Committee
of the Whole, the Bill to alter the twelfth section
of the first article of the Constitution of the State of
Georgia.
The Report was agreed to.
Mr. McCune moved to postpone the Report indefinitely.
On which motion the yeas ahd nays were required to
to be recorded, and are—yeas 19, nays 16.
Those who voted in the affirmative, are Messrs.
Beavers, Harris, Ross,
Burks, Hicks, Slaughter,
Chappell, Little, Stroud,
Coffee, ■ McCune, Tomlinson,
Crocker, McRae, Wolfe,
Hay, Mosely,- Wright.
Dickinson,
Those who voted in the negative, are Messrs.
Philip M. Byrd, Hardeman, Simmons,
Calhoun, Harman, ' Spalding,
Cone, Knight, Watters,
Connelly, Lawson, Wellborn,
Plournoy, Moore, Wilcox.
Griggs,"
So the motion prevailed.
The Senate took up, as the Report of the Committee of
the Whole, the reconsidered Bill to incorporate the Lanier
House Company.
Which, on motion of Mr. Bethune, was referred to the
Committee on the Judiciary.
The Senate took up, as the Report of the Committee of the
Whole, the Bill to amend an Act passed the 23d day of De-
vember, 1826, granting to the corporate authority of the
town of Macon, a certain tract of Land adjoining said
town, for the purpose of preserving the health, so far as to
declare the police regulations of the city of Macon of force
over said land, and to alter and, amend the 2d, 6th, 21st,
22d, 25th and 31th sections of an Act entitled an Act, to
alter and amend the several Acts incorporating the city of
Macon, approved the 27th Dec.-, 1847, so far as to change
the time of holding the city elections in Macon, and to
228
JOURNAL OF THE
authorize the Mayor and Council to fill all vacancies that
may occur in the Council, and to constitute the Mayor and
Council a Board of Health for said city, and to repeal the
Act passed the 22d day of February, 1850, relating to the
election of Marshal and Deputies for said city.
The Select Committee on Incorporations moved to amend
by striking out the third, fourth and fifth sections, and in¬
sert in lieu thereof the following :
Be it enacted by the authority aforesaid, That the
Marshal and Deputies of the city of Macon shall, after
their election and qualification, be under the exclusive
control of the Mayor and Council, and may be dismissed
from office at any time for malpractice in office or neglect
of duty, by the vote of a majority of the members present
at any regular meeting of Council, and not to be re-eligible
during the time for which they may have been elected.
Sec. 2. Be it further enacted by the authority aforesaid,
That the election of said Marshal and Deputies shall be
held at the same time of holding the city election, and the
Mayor and Council may appoint a different set of manag¬
ers to superintend said election, to be held under the same
regulations as for Mayor and Council.
Sec. 3. Be it further enacted by the authority aforesaid,
That in the event of a vacancy in the office of Marshal, by
removal, death or otherwise, the Mayor and Council may
order another election upon giving ten days public notice.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole :
A Bill to alter and amend an Act entitled an Act to in¬
corporate the Muscogee Asylum for the poor; to make pro¬
vision for their support, and to authorize the Inferior Court
of Muscogee county to bind out poor children to said cor¬
poration under certain circumstances, and to provide for
their education.
Also, a Bill to authorize and require the Inferior Court
of Cherokee county to allow to Tax Collectors of said
county their insolvent lists.
Also, a Bill to abolish the election precincts of Jasper
county in this State.
Also, a Bill amendatory of so much of an Act of the Gen¬
eral Assembly, assented to in 1847, as authorized the City
Council of Milledgeville to levy and raise a tax assessed on
the value of real property, owned or leased for a term of
years within the corporate limits of said city, so as to ex¬
tend the time within which to raise an amount to pay the
subscription of said city for stock in the Milledgeville and
Gordon Railroad.
SENATE.
229
The following Bills were taken up, read the second time,
and referred to the Committee on the Judiciary:
A Bill to shorten litigation and to regulate continuances.
Also, a Bill to authorize and require the Justices of the
Inferior Court in the several counties in this State to hire
out free persons of color upon the commission of certain
crimes therein specified.
Also, a Bill to require persons applying for a writ of
habeas corpus subjiciendum in any State case, to give the
prosecutor notice of the time and place when said appli¬
cation will be made.
Also, a Bill to change the penalty for the offence of
larceny from the house in certain cases.
The following Bills were taken up, read the second
time, and referred to the Select Committee on Corpora¬
tions :
A Bill to incorporate Crawfordville Academy in the
county of Taliaferro, and to appoint Trustees for the
same.
Also, a Bill to incorporate Generous Warren Lodge, JSTo.
twenty-four, of Free and Accepted Masons, in the town of
Monroe in Walton county.
Mr. Simmons from the Committee on Enrollment, re¬
ports as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate:
An Act to distribute to the Justices of -the Peace in
Habersham county books belonging .to the State, and also
to send certain books to Early county.
Also, an Act to confer certain privileges upon John Ever¬
ett, of the county of Thomas, and to make lawful his acts,
and give him authority to transact business as though he
were of full age ; and to authorize Joseph H. Stockton,
administrator of the estate of Susan B. Langston to settle
with her heirs.
Also, an Act for the relief of Elizabeth Ann Anthony,
wife of Lavoiser L. Anthony of Richmond county; and
also of Eleanor Brown of the city of Augusta.
The Bill of the House of Representatives to lay out and
form a new county out of the county of Murray, and to
organize the same,
Was taken up, read the second time ; and,
On motion of Mr. Beavers, referred to the Committee
on Hew Counties.
The following Bills of the House of Representatives
were taken up and read the first time :
A Bill to repeal an Act entitled an Act to consolidate
the offices of Tax Collector and Receiver of Tax Returns
in the counties of Rabun, Camden, Irwin, Floyd, Scriven,
230 journal of the
Paulding, Wayne, Murray, Cherokee, Glynn, Telfair and
Laurens, so far as relates to the county of Kabun.
A Bill to repeal an Act entitled an Act to repeal an Act
to appoint County Treasurers, and define their duties so far
as relates to the counties of Troup, Carroll, Crawford, Mur¬
ray, Monroe, Montgomery, Pike, Appling, Randolph, War¬
ren, Fayette, Chatham, Cherokee and Stewart, and' to give
to the people of said counties the election of Treasurer, ap¬
proved the 20th of December, 1849, so far as relates to
the county of Troup.
A Bill to amend the Attachment Laws of this State.
The following Resolution of the House of Representa¬
tives was taken up and read; and,
On motion of Mr. Hardeman, was referred to the Com¬
mittee on the Judiciary:
Whereas, There exists great diversity of opinion in the
State as to the propriety of maintaining the lien of Judg¬
ments on property that has passed from the possession of
the defendant or defendants in verdict or judgment, by a
bona fide sale.
And whereas, It is a just and proper republican prin¬
ciple to carry into effect the will of the people, the true
source of all just power.
Be it therefore Resolved by the Senate and House <fi
Representatives of the State of Georgia in General As¬
sembly met, That in order, to ascertain whether or not the
people of Georgia desire to retain this feature in their
judiciary system, they are requested to endorse upon their
tickets at the general election, the first Monday in Octo¬
ber, 1853, " Lien " or " Ho Lien." -
On motion of Mr. Harman, the Senate took up the Re¬
port of the Select Committee on the memorial of Angus
M. D. King.
Mr. Harman moved to amend by adding the following
proviso to the Resolution:
Provided, That the officers in charge of the settlement
of the affairs of the Darien Bank shall not receive any
bills or claims which in their judgment are not valid and
just.
Which was agreed to.
The Report as amended was agreed to.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President : The House of Representatives has
passed the following Bill of the Senate, to-wit:
A Bill to revive and amend the Act passed on the 20th
December, 1834, incorporating and conferring certain
powers upon the Brunswick Canal and Railroad Com¬
pany.
The House of Representatives has also agreed to a
SENATE.
231
Resolution requesting our Senators and Representatives to
use their influence to establish certain mail routes there¬
in named; in which they ask the concurrence of the
Senate.
On motion of Mr. Moore,' the following Resolution of
the House of Representatives was taken up, read and
concurred in:
Resolved by the Senate and House of Representatives
of the Seate of Georgia, in General Assembly met, and it
is hereby Resolved by the authority of the same, That our
Senators and Representatives be requested and earnestly
solicited to use their utmost endeavors in procuring the
establishment of a Weekly Mail Route, to be carried upon
a Two Horse Stage or Coach from -Asheville, Buncombe
Court House, North Carolina, to Clarksville, Habersham
county, Georgia, via the Post-Offices now furnished with the
the horse mail from Asheville, Buncombe Court House,
North Carolina, to Clarksville, Habersham county, Geor¬
gia.
Also, a Weekly Horse Mail from Whetstone Post-Office
in Pickens District, S. C., to Clayton in Rabun county,
Georgia.
Also, a Weekly Horse Mail from Swayn's Store in Tel¬
fair county Georgia, to Waresboro, in Ware county, Geor¬
gia.
And be it further Resolved, That his Excellency the
Governor be requested to furnish each of our Senators and
Representatives in Congress with a copy of this Resolu¬
tion.
Agreed to December 10th, 1851.
THADDEUS STURGIS, Cleric.
Mr. Wellborn, from the Select Committee, to whom was
referred various bills for changing county lines, reported
the same back to the Senate with a substitute for the
whole.
On motion, the Senate adjourned until 10 o'clock to¬
morrow morning.
232
journal of the
TUESDAY, Dec. 16th, 1851.
The Senate met pursuant to adjournment.
Mr. Cone moved to reconsider so mucli of the Journal of
yesterday as relates to the action of the Senate upon the
bill to alter the 12th section of the 1st article of the Consti¬
tution of the State of Georgia.
Upon which motion the yeas and nays were required to
be recorded, and are yeas 19, nays 19.
Those who voted in the affirmative, are Messrs.
Bethune, Elournoy, Lawson,
John L. Bird, Foster, Moore,
Philip M. Byrd, Griggs, Simmons,
Calhoun, Hardeman, Watters,
Cone, Harman, Wellborn.
Connelly, Emight, Wilcox.
Farris,
Those who voted in the negative, are Messrs.
Beavers, Hicks, Slaughter,
Burks, Little, Stroud,
Coffee, McCune, Tumlin,
Crocker, McBea, W althour,
Day, Mosely, Wolfe,
Dickinson, Boss, Wright.
Harris,
The President voting in the affirmative, the motion pre¬
vailed.
Mr. Simmons, from the Committee on the Judiciary,
made the following Keport:
Mr. President :—The Committee on the Judiciary, to
whom was referred a Bill to be entitled an Act to abolish
capital punishment within the State of Georgia, and a hill
to be entitled an Act to abolish capital punishment in cer¬
tain cases therein specified, which had been offered as a sub¬
stitute therefor, have had said original bill and substitute
under consideration, and have directed me to report as a
substitute for both of said bills—
A Bill to be entitled an Act to amend and add an addi¬
tional clause to the seventh section of the second article of
the Constitution of this State.
Which Bill is herewith most respectfully submitted.
Mr. Calhoun made the following Beport:
The Committe on Petitions, to whom was referred a bill
SENATE.
233
to be entitled an Act for the relief of the teachers of poor
children of the county of Hall, for the years 1844 and 1846,
begs leave to report the same back to the Senate, and re¬
commend its passage; and also beg leave to report a bill
for the relief of teachers of poor children, which accompa¬
nies this report, which provides for the payment of all the
teachers of poor children out of the poor school funds for
the years 1851 or 1852, the sums they would have been en¬
titled to have received out of the poor school fund for the
years they taught the school if no irregularity had have oc¬
curred. The reason of failures of some of .said teachers to
receive their parts of the poor school fund appears to have
originated in some cases, of an omission to present their ac¬
counts within the time prescribed by law, and in other
cases from a failure of the magistrates to return the lists of
poor children, as the law requires.
All which is respectfully submitted.
Mr. Simmons reported a Bill to incorporate the Lawrence-
ville Manufacturing Company.
Which was read the first time.
Also, a Bill to incorporate the Lawrenceville Railroad
Company.
Which was read the first time.
Mr. Cone reported a bill to alter and amend the seventh
section of the first article of the Constitution of this State.
Which was read the first time.
Mr. J. L. Bird reported a bill to repeal an Act approved
December 19th, 1849, entitled "an Act to repeal all laws
respecting the importation of slaves into this State, and to
give certain powers to municipal corporations in relation to
slaves."
Which was read the first time.
Mr. Connelly, from the select Committee to whom was re¬
ferred the bill more effectually to prevent frauds in elections
in this State, and to detect the same, reported the same
bach to the Senate with amendments.
And on his motion fifty copies were ordered to be print¬
ed for the use of the Senate.
Mr. Knight, from the special Committee to whom was
referred the bill to provide the means of constructing the
Brunswick and Florida Railroad, &c., reported that they
have had the same under consideration, and report a sub¬
stitute and recommend its passage.
The President laid before the Senate a Memorial from
sundry citizens of Columbia county, praying a reduction of
Millers' toll from one-eighth to one-tenth.
Which on motion was referred to the Committee on Pe-
tions without being read.
Mr. McCune reported a bill to incorporate Fraternal
Lodge Ho. 37, of Free and Accepted Masons, at McDon-
234
journal of the
ough, in the county of Henry.
Which was read the first time.
Mr. Harris reported a bill to incorporate the Baptist
Church at Antioch, in the county of Lee, and to appoint
Trustees for the same.
Which was read the first time.
Mr. Calhoun reported a bill for the relief of teachers of
poor children.
Which was read the first time.
Mr. Moore from the select Committee on new counties,
made the following Report:
Me. President :—The select Committee on new counties,
to whom was referred several petitions from sundry citizens
of Cobb, Cherokee, Porsyth, Gwinnett and DeKalb coun¬
ties, praying the formation of a new county out of portions
of the territory of said counties, h^ve duly considered the
same, and the object desired to be accomplished; and your
committee feel it to be their duty, as an act of public policy,
to report adverse to the prayer of the petitioners, and re¬
quest to be fully discharged from the further consideration
of the same.
Mr. Harman laid upon the table the following Resolu¬
tion :
Be it Resolved by the Senate and House of Representa¬
tives, That the Committee on the Penitentiary be instruct¬
ed to inquire into the expediency of removing the Peniten¬
tiary from the city of Milledgeville to some point on the
Western and Atlantic Railroad, and report by bill or oth¬
erwise.
Mr. Moore moved to amend by striking out " Peniten-
tentiary Committee," and insert in lieu thereof " Select
Committee."
Which was agreed-to.
Mr. Cone moved further to amend by striking out the
words " To some point on the Western and Atlantic Rail¬
road," and insert in lieu thereof " the city of Savannah."
Which was lost.
Mr. Moore moved to amend by striking out the words
"To some point on the Western and Atlantic Railroad."
Which was agreed to.
The Resolution as amended was agreed to.
And Messrs. Harman, Calhoun and Tumlin were appoin¬
ted that committee.
Mr. Flournoy reported a bill to incorate a Bank in the
city of Columbus, to be called the " Manufacturers' Bank
of Columbus."
Which was read the first time.
Mr. Flournoy laid on the table the following Resolution:
Whereas, It is now apparent that the necessary legisla¬
tion for the welfare of the State cannot be had by the 1st
senate. 235
day of January; and whereas, a majority of the members
of the present Legislature are required to he at their re¬
spective homes on the first day of January in order to dis¬
charge important trusts which have been imposed upon
them, be it therefore
Resolved by the Senate and House of Representatives
of the State of Georgia in General Assembly met, That
the two Houses of the General Assembly, now in session, do
now take a recess from the 23d day of December instant,
until the second Monday in January, 1852.
And be it further Resolved, That no new matters be in
order after the said second Monday in January 1852, unless
there shall be a unanimous consent of the branch of the
Legislature in which the same shall be offered; and pro¬
vided the members and officers shall receive no per diem
pay during such recess.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk :
Mr. President: The House of Representatives have
passed the lollowing Bill of the Senate, with amendments:
A Bill to lay out and organize a new county from parts
of the counties of Paulding and Ployd, attach the same to
a Senatorial, Judicial and Congressional District; and to
attach a portion of Cobb county to the county of Paulding
and to provide for the location of the county ste in such
new county, and also in the county of Paulding.i
Mr. McCune asked for and obtained leave of absence tor
Mr. Tomlinson for a few days.
Mr. Cone asked for and obtained leave of absence for
Mr. Butler for a few days.
Mr. Simmons from the Committee on Enrollments, report¬
ed, as duly enrolled and signed by the Speaker of the House
of Representatives, and ready for the signature of the Pre¬
sident of the Senate, the following Acts :
x An Act to change the line between the counties of Ware
and Telfair.
Also, an Act limiting the bringing bills of review to three
years from the date of the decree.
Also, an Act to authorize the Justices of the Inferior
Court for the county of Floyd to levy an additional tax fo
county purposes.
Also, an Act to Incorporate the town of Alexander, in
the county of Burke, and to appoint Commissioners for
the same.
Also, an Act to Incorporate the Savannah Yolunteer
Guards of the city of Savannah, and' Republican Blues,
of the city of Savannah.
Also, an Act to amend an Act, passed the eighteenth
day of December, eighteen hundred and thirty-four, en¬
titled an Act, to make permanent the public buildings in
236 journal os THE
the town of Cuthbert, in Randolph county, and to incor¬
porate the same.
Also, an Act to authorize Obadiah T.Dickinson, the pre¬
sent County Surveyor of Rabun county, to survey a part of
the first and second districts of said county, and to appro¬
priate money for the same.
Also, an Act to authorize the Justices of tfye Inferior
Court of Chatham county to set aside and invest a sum of
money to be inviolably preserved as a permanent fund for
the support and maintenance of common or free schools in
said county and for other purposes.
AJso, an Act passed at the last session of the General
Assembly to alter and amend the first paragraph of the
seventh section of the first article of the Constitution of this
State.
On motion of Mr. Slaughter, the Senate took up and con¬
curred in the amendments of the House of Representatives
to the bill of the Senate, to lay out and organize a new
county from parts of the counties of Paulding and Floyd,
attach the same to a Senatorial, Judicial and Congressional
District, and to attach a portion of Cobb county to the coun¬
ty of Paulding, and to provide for the location of the coun¬
ty site in such new county, and also in the county of Pauld¬
ing, and the Secretary was directed to inform the House
forthwith of the same.
On motion of Mr. Farris, the bill to* lay out and form a
new county from the counties of Walker and Murray, and
to provide for the organization of the same, was taken up.
and recommitted to the Select Committee on Hew Counties,
The Senate took up as the special Order of the Day, the
reconsidered bill for the preservation and protection of the
rights of married women, and the distribution of their
estates.
Which on motion of Mr. Hardeman, was recommitted
to the Committee of the Whole.
The Senate took up, as the Report of the Committee of
the Whole, the bill to alter and change the line between
the counties of Lee and Sumter, so that lot number fifty-
three, in the ^fifteenth district of Sumter county, whereon
Moses W. Bryan resides, shall be added to and included
in the county of Lee.
The Select Committee to whom this, with various other
bills, were referred, offer as a substitute for the same, the
following:
A Bill to alter and change the line of certain counties
therein named.
Sec. 1st. Be it enacted by the Senate and House of Rep¬
resentatives 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, the line he-
senate.
237
tween the counties of Hall* and Lumpkin he so changed as
to include within the county of Hall the following lots of
land, to-wit: Numbers 1, 92, 101, and all that part of lot
number 153, on which John Welchel, Jr., now lives; all of
the 11th district of Hall county; and that the line between
the counties of Lee and Sumter be so changed as to in¬
clude within the county of Lee, lot of land number 53, in
the 15th district of Sumter county, and that the line be¬
tween the counties of Cobb and Cherokee, be so changed
as to include within the county of Cobb lot of land number
1282, of the 15th district of Cherokee county originally;
and that the line between the counties of Floyd and Cass
be so changed as to include within the county of Floy.d the
following lots of land, to-wit: Numbers 181,180,150, 151,
121, 120, 90, 91, 60, 61, 30, 31, and number 1, all of the
16th district of Cass county.
Sec. 2d. And be it further enacted by the authority
aforesaid, That all laws and parts of laws militating against
this act be and the same are hereby repealed.
The amendment was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill for the relief of the teachers of poor
children of the county of Hall, for the years 1844 and
1846.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to abolish the election precincts of
Jasper county, in this State.
On motion of Mr. Hardeman, the Report was laid on
the table for the present.
The Senate took up, as the Report of the Committee of
the Whole, the Bill amendatory of so much of an Act of
the General Assembly, assented to in 1847, " as authorizes
Ihe City Council of Milledgeville to levy and raise a tax
' assessed on the value of real property owned or leased for
a term of years within the corporate limits of said city,"
so as to extend the time within which to raise an amount
to pay the subscription of said city for stock in the Mil¬
ledgeville and Gordon Railroad Company.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the^ Committee of
the Whole, the Bill to authorize and require the Inferior
Court of Cherokee county, to allow to Tax Collectors of
said county their insolvent lists.
The Report was agreed to.
The Bill was read the third time and passed.
238
JOURNAL OF THE
The Senate took tip as the Report of the Committee of
the "Whole, the Bill to alter and amend an Act entitled an
Act, to incorporate the Muscogee Asylum for the poor, to
make provisions for their support, and to authorize the
Inferior Court of Muscogee county to bind out poor chil¬
dren to said corporation, under certain circumstances, and
to provide for their education.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to apiend an Act entitled an Act to
lay off and divide the State into eight Congressional Dis-'
tricts, &c., so far as to organize the same.
Which, on motion of Mr. Hardeman, was made the
special Order of the Day for to-morrow.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole :
A Bill to extend the corporate limits of the town of Ea-
tonton, to regulate licenses therein,.to fix the time for elec¬
tion of commissioners, and for other purposes.
Also, a Bill to authorize the Justices of the Inferior
Court of Cobb county, to cause a new Court-house to he
built in said county, and for other purposes therein named.
• Also, a Bill to incorporate the Georgia and Florida Rail¬
road Company, to secure to the same certain privileges,
and for other purposes therein mentioned.
Also, a Bill to incorporate the Cherokee Railroad Com¬
pany, and for other purposes therein contained.
The following Bills were taken up, read the second time,
and referred to the Committee on Corporations:
A Bill to incorporate the Starkville Academy, in the
county of Lee, and to appoint Trustees for the same.
Also, a Bill to incorporate Pinta Lodge of Free and Ac¬
cepted Masons, in the town of Barnesville, in Pike county.
Also, a Bill to incorporate Attapulgus Female Acade¬
my, and to appoint Trustees for the same.
The Bill to fix and define the force of record copies of'
lost deeds in certain cases.
Was taken up and read the second time;
And, on motion, referred to the Committee on the Ju¬
diciary.
The following Bills of the House of Representatives
were taken up and read the second time, and referred to
the Committee of the Whole, to wit
A Bill to amend the Attachment Laws of this State.
Also, a Bill to repeal an Act entitled an Act to repeal
an Act to appoint County Treasurers, and define their du¬
ties, so far as relates to the counties ot Troup, Carroll,
Crawford, Murray, Monroe, Montgomery, Pike, Appling,
Randolph, Warren, Fayette, Chatham, Cherokee and
SENATE. 239
Stewart, and to give to tlie people of said counties the elec¬
tion of Treasurer, approved the 20th December, 1849," so
far as relates to the county of Troup.
Also, a Bill to be repeal an Act entitled an Act to con¬
solidate the offices of Tax Collector and Receiver of Tax
Returns, in the counties of Rabun, Camden, Irwin, Floyd,
Scriven, Paulding, Wayne, Murray, Cherokee, Glynn, Tel¬
fair and Laurens, so far as respects the county of Rabun.
Mr. Bethune reported a Bill to authorize his Excellency
'the Governor, to cause to be corrected, errors in the tran¬
scription of grants in the office of Secretary of State, upon
conditions therein named.
Which was read the first time.
Mr." Bethune laid upon the table the following Resolu¬
tion, which was taken up, read, and agreed to:
Resolved, That the Committee on the Judiciary be re¬
quested to report to the Senate a Bill to prescribe regula¬
tions to be observed by the several Railroad Companies in
this State, more effectually to guard citizens against disas¬
trous accidents in travelling public roads, when the same
cross Railroad tracks.
On motion, the Senate took up, as the Report of the
Committee of the Whole, the Bill to abolish the election
precincts of Jasper county, in this State.
The Report was agreed to.'
The Bill was read the third time ;
When, on motion of Mr. FJournoy, the same was recom¬
mitted.
Mr. Calhoun laid upon the table the following Resolu¬
tion, which was taken up, 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 requested,
to cause to be paid out of the funds of the Western and
Atlantic Railroad, all the cost in the case of the State
against Henry G. Dean, tried in the Superior Court of the
county of DeKalb, which cause arose out of a claim for
damages by said Dean, caused by the running of said Road
through his land, and the using of a part of his land for
said Road.
Mr. Harman reported a Bill to incorporate the Indian
Spring Railroad Company.
Which was read the first time.
On motion, the Senate adjourned until 10 o'clock to¬
morrow morning.
240
JOURNAL OR THE
"WEDNESDAY, Dec. 17th, 1851.
The Senate met pursuant to adjournment.
Mr. Simmons, from the Special Committee to whom was
referred a Bill to be entitled an Act to exempt certain
citizens of Pike county from the performance of militia
duty in certain cases and upon certain conditions; and
also to encourage Yolunteer Companies in said county,
and for other purposes, reported the same back to the
Senate without amendment, and recommends said Bill to
the favorable consideration of the Senate.
Mr. Simmons reported a Bill to prevent evading the
payment of Tolls on the Plank Koads in the State ot
Georgia.
Which was read the first time.
Mr. Poster, Chairman of the Judiciary Committee, made
the following Report:
Mr. President : The Committee on the Judiciary have
had under their consideration a Bill to be entitled an Act
to amend an Act entitled an Act for the protection of the
estates of Orphans, and recommend the same to be
amended.
Also, a Resolution in relation to the lien of executions,
and are of the opinion that the same is impolitic.
Also, a Bill to be entitled an Act to prescribe conditions
to the issuing of Marriage Licenses, and recommend the
same to the favorable consideration of the Senate.
Also, a Bill to be entitled an Act to repeal so much of
the Acts of 1798 and 1799 as compel persons to proces¬
sion their lands so far as the counties of Floyd", Chat¬
tooga and Gordon are concerned, and report unfavorably
of the same.
Also, a Bill to be entitled an Act to change the punish¬
ment for the offence of Larceny from the house in certain
cases, and report the same back to the Senate without ex¬
pressing any opinion for or against it.
Also, a Bill to be entitled an Act to authorize the Jus¬
tices of the Inferior Courts of this State to hire out free
negroes under certain circumstances, and report the same
back to the favorable consideration of the Senate.
Also, a Bill to be entitled an Act to prescribe terms to
persons' praying a Habeas Corpus ad subjiciendum, and
report the same, with an amendment, to the favorable con¬
sideration of the Senate.
Also, a Bill to shorten Litigation and to regulate con¬
tinuances, and report unfavorably upon the same.
Also, a Bill to be entitled- an Act to incorporate the
SENATE.
241
Lanier House Company, and report the same back to the
Senate, and recommend the same to be amended, and
favorably considered.
All of which is most respectfully submitted.
Mr. Cone asked and obtained leave of absence for Mr.
Calhoun for a few days, after Saturday next.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate:
An Act to grant corporate powers and privileges to the
Curtwright Manufacturing Company.
Also, an Act to incorporate a Yolunteer Corps of In¬
fantry in the city of Augusta, and to grant unto it certain
privileges; also, to amend the Militia Laws of this State
so far as relates to the Tenth Regiment.
Also, an Act to extend certain privileges to Thomas D.
Prather, of the county of Harris, and to make legal and
binding the acts and doings of the said Thos. I). Prather,
and for other purposes therein contained ; also, to autho¬
rize the sale and conveyance of certain real estate in Au¬
gusta now belonging to certain free persons of color.
Mr. Spalding reported a Bill to alter and amend the
Road Laws so far as they refer to Mcintosh county.
Which was read the afirst time.
. On motion of Mr. Harman, the Senate took up the Re¬
solutions laid on the table yesterday by Mr. Flournoy, in
relation to the Legislature taking a Recess.
Mr. Anderson in the Chair, Mr. Miller moved to post¬
pone the Resolutions indefinitely.
On which motion the yeas and nays were required to be
recorded, and are, yeas 26, nays 15.
*
Those who voted in the affirmative, are Messrs.
Anderson, Flewellen, Mosely,
Bethune, Foster, Ross,
John L. Bird, Griggs, Simmons,
Philip M. Byrd, Hardeman, Slaughter,
Chappell, Hicks, Stroud,
Coffee, Knight, Tumlin,
Cone, Little, Walthour,
Day, McRae, Wilcox.
Farris, Moore,
Those who voted in the negative, are Messrs.
Beavers, Connelly, Flournoy,
Burks, Crocker, Harman,
Calhoun, Dickinson, Harris,
16
242
Lawson,
McCune.
JOURNAL OF THE
Spalding,
Waiters,
"W ellborn,
"Wright.
So the motion prevailed.
Mr. Crocker reported a Bill to incorporate the city of
Oglethorpe, to alter and amend an Act entitled an Act to
incorporate the town of Oglethorpe in the county of Macon.
Which was read the first time.
Mr. McCune reported a Bill to incorporate the Griffin
Collegiate Seminary for young ladies, and to appoint Trus¬
tees for the same.
Which was read the first time.
Mr. McCune, from the Select Committee to whom was
referred the Bill to alter and fix the time of holding the
Superior Courts of the Coweta and Blue Ridge Circuits;
to allow a longer time for holding a part of said Courts,
and to authorize the drawing of" Juries for parts of them,
reported the same back to the Senate with a substitute.
He also reported back to the Senate the Bill to fix and
regulate the times for holding the Superior Courts in the
Macon Circuit, with an amendment.
Mr. Foster laid on the table the following Resolution,
which was taken up, read and agreed to :
Resolved, That so much of the Memorial of the Legis¬
lature of Tennessee addressed to the Legislature of Geor¬
gia, as relates to the c onnection of the Georgia and South
Carolina Railroads at the city of Augusta, be referred to
the Committee on Internal Improvements, and that the
other matters contained in said memorial be referred to
the Committee on the Judiciary.
Mr. Foster laid on the table the following Resolution,
which was taken up, read and agreed to :
Resolved, That after to-day the Senate adjourn to meet
at nine o'clock, A. M., unless otherwise ordered.
Mr. Simmons laid on the table the following Resolution,
to-wit:
Resolved, That a Committee on Engrossed Bills be ap¬
pointed by the President of the Senate, to consist of three
members, whose duty it shall be to compare all Engrossed
Bills and Resolutions of the Senate with the originals,
before they or either of them shall be enrolled.
Mr. Simmons moved to take up the Resolution.
Which motion was lost.
Mr. Calhoun made the following Report:
The Committee on Petitions, to whom was referred the
memorial of sundry citizens, calling the attention of the
General Assembly to the Act of 1786 authorizing Millers
to take certain Tolls, &c., and insisting that the same
should be modified, &c., have had the same under conside-
senate.
243
ration, and beg leave to report that in the opinion of the
Committee the law on that subject needs no modification;
which,
On motion of Mr. Cone, was taken up and agreed to.
Mr.* J. L. Bird asked for and obtained leave of absence
for a few days for Mr. McCune on business, after to-mor¬
row.
Mr. McCune asked for and obtained leave of absence
for a few days, after the 21st instant, for Mr. Spalding.
Mr. Anderson asked for and obtained leave of absence
for Mr. Harman for a few days, after the 23d instant.
Mr. McCune asked for and obtained leave of absence
for Mr. Chappell for five days after the 25th instant.
Mr. Moore asked for and obtained leave of absence for
Mr. Burks for a few days, after the 24th inst.
Mr. Harman asked for and obtained leave of absence
for Mr. "Wright for a few days, after the 20th instant.
He also asked for and obtained leave of absence for Mr.
Beavers for a few days, after the 23d instant.
Mr. Harman asked for and obtained leave of absence
for Mr. Connelly for a few days, after Monday next.
He also asked for and obtained leave of absence for
Mr. Watters for a few days, after the 23d instant.
Mr. McCune asked for and obtained leave of absence
for Mr. Moore for a few days after the 23d instant.
The following message was received from the House of
[Representatives by Mr. Sturgis their Clerk:
Mb. President: The House of Representatives have
passed the following Bills, to-wit:
A Bill to establish election precincts at the places of
holding Justices Courts in the counties of Gwinnett, Cass,
Gordon, Forsyth, Clinch, Murray, Scriven, Bullock, Craw¬
ford, Pike, Spalding, Emanuel and Jones.
Also, a Bill to provide for the election of the Judges of
the Superior Courts by the free white people of the State
of Georgia, and for other purposes therein named.
The House of Representatives have agreed to certain
Resolutions authorizing the Governor to distribute to cer¬
tain officers in the several counties in this State certain
books therein named ; to which they ask the concurrence
of the Senate.
Mr. Wellborn laid upon the table the following Resolu¬
tion, which was taken up, read and agreed to:
Whereas, It is obvious that there is great danger of
the General Assembly being without a quorum,
Wherefore be it Resolved, That the Secretary do call
the list, and that each Senator answering to his name shall
ise in his place and explicitly declare his intention as to
remaining for the remainder of the session, and that the
recretary be requested to preserve such list of names with
244 journal of the
the answers ; and the Secretary proceeded to call the roll
accordingly.
Mr. McCune moved that the Senate do now adjourn.
Which motion was lost.
Mr. Foster laid upon the table the following Resolution :
Resolved, That any Senator who gets leave of absence,
and does not return to his seat at the end of the time for
which he gets leave, without providential cause preventing
his return, shall receive no per diem pay for the time he
is absent.
The same being taken up, Mr. Moore moved to amend
by adding the following:
" And that no Senator who has been or shall be absent
during the session, shall receive any per diem pay during
such absence."
Pending the discussion thereon, the Senate adjourned
until 3 o'clock, P. M.
Three o'Clock, P. M.
The Senate met pursuant to adjournment.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled and ready for the signature of the
President of the Senate :
An Act to lay off and organize a new county from the
counties of Pike, Henry and Fayette.
Also, a Pesolution in relation to the establishment of
a Mail Route from Blairsville to Cassville, &c.
Mr. Harman made the following Report:
Mr. President :—I am directed by the Select Commit¬
tee on Incorporations, to whom was referred the Bill to in¬
corporate an Institution for the promotion of moral and
theological information, &c., in Griffin, in Pike county, to
report the same back to the Senate amended, by striking
out the words u the first" from the preamble, and in
body of the bill, and insert the article "A " in lieu there¬
of ; and also to amend by striking out " Pike," and insert
" Spalding," the Committee expressing no opinion upon
the same.
Mr. John L. Bird reported a Bill to more effectually
prevent the furnishing of intoxicating liquors to, and
the use of the same, by slaves.
Which was read the first time.
Mr. Harman reported a Bill to regulate the vending of
medical nostrums, and for other purposes.
"Which was read the first time.
senate.
245
On motion of Mr. Simmons, the Senate went into Com¬
mittee of the Whole on the special Order of the Day,
which was the Bill to amend an Act entitled an Act to lay
off and divide the State into Eight Congressional Districts,
so far as to reorganize said districts—Mr. Simmons in the
Chair.
After some time spent therein, on motion of Mr. Harde¬
man the Committee rose and reported the bill with an
amendment.
On motion of Mr. Simmons, the Report was taken up.
Mr. John L. Bird moved to lay the Report on the table
for the present.
Which was lost.
The Report was 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
29, nays 9.
Those who voted in the affirmative are Messrs.
Bethune, Foster, Ross,
Burks, Griggs, Simmons,
Philip M. Byrd, Hardeman, Stroud,
Calhoun, Hicks, Tumlin,
Coffee, Knight, Walthour,
Cone, Lawson, Watters,
Crocker, Little, Wellborn,
Dickinson, McRae, Wilcox,
Farris, Moore, Wolfe.
Flournoy, Mosely,
Those who voted in the negative are Messrs.
Anderson, Day, ' McCune,
Beavers, Harman, Slaughter, -
John L. Bird, Harris, Wright.
So the Bill was passed.
On motion of Mr. Hardeman, the following Resolutions
of the House of Representatives were taken up :
Whereas, His Excellency Governor Towns, by the au¬
thority of the late General Assembly, purchased of Thos.
R. R. Cobb, Esq., a number of his new Digest of the Laws
of Georgia, and whereas it is necessary for this Legislature
to prescribe the mode of their distribution,
1st. Be it therefore Resolved by the Senate and House
of Representatives, in General Assembly met, That his
Excellency the Governor be and he is hereby requested to
24:6 JOURNAL OR THE
transmit to each, of the counties of this State, together with
the Laws and. Journals of the present Assembly, a sufh-
Qjgjyj- number of copies of said Digest, to furnish one to
each of the following officers, to-wit: Justices of the Infe¬
rior Court, Clerks of the Superior and Inferior Courts and
Court of Ordinary, Sheriffs, Coroners and Justices of the
Peace, reserving five hundred copies for future distribu-
tion.
2d. And be it further Resolved, That if it should be¬
come necessary to purchase other copies of said book, the
same shall be done by his Excellency the Governor at a
price not exceeding five dollars per copy.
2d. And be it further Resolved, That he may furnish
such other books upon the application of the" Inferior
Court of any county of this State as he may in his judg¬
ment think necessary for the proper administration of
justice in the county or counties so applying.
Mr. Cone moved to amend the first Eesolution by strik-
, ing out the words " and Court of," before the word " Or¬
dinary."
"Which was agreed to.
Mr. Simmons moved to amend by striking out the words
" Sheriffs and Coroners."
Which was lost.
Mr. Harman moved to amend by striking out the words
" Justices of the Peace," and insert in lieu thereof the
words " to each Captain's district."
Which was lost.
Mr. McCune moved to amend by inserting after the
words " Justices of the Peace," the words " and Con¬
stables."
Which was lost.
The question recurred on concurring in the Resolutions.
On which the yeas were required to be recorded, and
are-—yeas 31, nays 6.
Those who voted in the affirmative) are Messrs.
Anderson, Flournoy, Moore,
Bethune, Foster, Mosely,
Burks, ^ Griggs, Ross,
John L. Bird, Hardeman, Simmons,
Calhoun, Harman, Stroud,
Chappell, Hicks, Tumlin,
Coffee, Knight, Walthour,
Cone, Lawson, Watters,
Connelly, Little, Wellborn,
Crocker, McCune, Willcox,
Dickinson, McRae, Wolfe.
Farris,
SENATE.
247
Those who voted in the negative, are Messrs.
Beavers,. Bay, Slaughter,
Philip M. Byrd, Harris, "Wright.
So the motion prevailed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to incorporate the Cherokee Railroad
Company, and for other purposes therein contained.
Mr. Harman moved to amend by adding the following
as an additional section :
And be it further enacted, That the private property
of each stockholder shall he hound for the payment of the
dehts of said Company, in proportion to the amount of
stock owned by each.
Which was agreed to.
On motion of Mr. Watters, the Report was laid on the
table for the present.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to extend the corporate limits of the
town of Eatonton, to regulate licenses therein, to fix the
time for election of Commissioners, and for other pur¬
poses.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to authorize the Justices of the Infe-
rir Court of Cobb county to cause a new Court House to
be built in said county, and for other purposes therein
named.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to provide the means of constructing
the Brunswick and Florida Railroad; to authorize the
Governor to subscribe (for the State of Georgia) stock
therein, and to cede to said Company the unsurveyed por¬
tion of the Okefanokee Swamp, and for other purposes
therein mentioned.
The Select Committee, to whom this Bill was referred,
offered the following as a substitute :
A Bill to be entitled an Act to amend the several Acts
heretofore passed in this State, incorporating the Bruns-.
wick and Florida Railroad Company, and the several Acts
amendatory thereto.
On reading the fourth section as follows:
And be it further enacted, That for the purpose of aid¬
ing in the completion of said Railroad, it shall be lawful,
and the Governor of the State, or his successor or succes-
248 JOURNAL OF THE
sors in office is hereby required to transfer, or cause to be
transferred by suitable and necessary conveyance to said
Company, all of the unsurveyed portion of the Okefanokee
Swamp, upon said Company paying in the Treasury of
this State the sum of five hundred dollars.
Mr. Anderson moved to amend by striking out the word
"all," and insert in lieu thereof the word "half."
"Which was lost.
Mr. Harman moved to amend by striking out the whole
of the section.
Which was lost.
The Report was then agreed to.
The Bill was read the third time ; and,
And on the question, " shall this Bill now pass ?" the
yeas and nays were required to be recorded, and are, yeas
20, nays 16.
Those who voted in the affirmative, are Messrs.
Calhoun, Harris, Stroud,
Chappell, Knight, Tumlin,
Crocker, Lawson, Walthour,
Farris, Mediae, Wellborn,
Foster, Mosely, Willcox,
Griggs, Ross, Wolfe.
Hardeman, Slaughter,
Those who voted in the negative, are Messrs.
Anderson, Cone, Little,
Beavers, Ray, Moore,
Burks, Flournoy, Simmons,
John L. Bird, Harman, Watters,
Philip M. Byrd, Hicks, Wright.
So the Bill was passed.
Mr. Wellborn moved that the Senate do now adjourn.
Which was lost.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to'authorize the Commissioners of
Public Roads of Chatham county to shut up permanently
the Creek between Whitemarsh and Oatlands Islands.
The Report was agreed to.
The Bill was read the third time and passed.
On motion, the Senate adjourned until to-morrow morn¬
ing, 9 o'clock.
senate.
249
THURSDAY, December 18th, 1851.
The Senate met pursuant to adjournment.
Mr. Harman asked and obtained leave to change his
vote on the journal of yesterday, on the Resolutions pro¬
viding for the distribution of Cobb's new Digest.
Mr. McCune asked and obtained leave to record his
vote on the same Resolutions, and his vote was according¬
ly recorded on the journals of yesterday, in the affirmative.
Mr. John L. Bird moved to reconsider so much of the
journal of yesterday, as relates to the Resolutions provid¬
ing for a recess of the General Assembly.
On which motion the yeas and nays were required to
be recorded, and are—yeas 12, nays 23.
Those who voted in the affirmative, are Messrs.
Beavers, Dickinson, Harris,
John L. Bird, Flournoy, Lawson,
Connelly, ^ Foster, McCune,
Crocker, " Harman, "Wright.
Those who voted in the negative, are Messrs.
Anderson, Day, Simmons,
Burks, Farris, Slaughter,
Butler, Flewellen, Stroud,
P. M. Byrd, Hicks, Tumlin,
Calhoun, Little, Walthour,
Chappell, McRae, Wellborn,
Coffee, Moore, Wilcox.
Cone, Mosely,
So the motion was lost.
On motion of Mr. McCune, the Senate reconsidered so
much of the journal of yesterday, as relates to the adoption
of the Resolution requiring the Senate to meet at 9 o'clock,
A. M.
Mr. Harman moved to reconsider so much of the jour¬
nal of yesterday, as relates to the passage of the Bill pro¬
viding the means of constructing the Brunswick and Flori¬
da Railroad—to authorize the. Governor to subscribe for
the State of Georgia stock therein, and to cede to said
Company the unsurveyed portion of the Okefanokee swamp,
and for other purposes therein mentioned.
On which motion, the yeas and nays were required to
be recorded, and are—yeas 15, nays 25.
250 JOURNAL OF THE
Those who voted in the affirmative are Messrs.
Anderson, Day, Moore,
Beavers, Hardeman, Simmons,
John L. Bird, Harman, Stroud,
Philip M. Byrd, Harris, Wellborn,
Connelly, Little, Wright.
Those who voted in the negative, are Messrs.
Bethune, Farris, McBae,
Burks, Flewellen, Mosely,
Butler, Flournoy, Boss,
Calhoun, Foster, Slaughter,
Chappell, Griggs, Tumlin,
Coffee, Hicks, Walthour,
Cone, Knight, Wilcox,
Crocker, Lawson, Wolfe.
Dickinson,
So the motion was lost.
The Senate took up the unfinished business of yester¬
day, which was the following Besolution:
Resolved, That any Senator who gets leave of absence,
and who does not return to his seat at the end of the time
for which he gets leave, without providential cause pre¬
venting his return, shall receive no per diem pay for the
time he is absent.
Mr. Moore offered the following as a substitute :
Resolved, That Senators, in making out their accounts
against the State for their per diem pay, shall not charge
for any day they may have been absent during the session,
either by leave or otherwise, except such absence was
caused by the indisposition of themselves or families.
Mr. McCune moved to postpone both the original and
substitute indefinitely.
On which motion, the yeas and nays were required to
be recorded, and are—yeas 29, nays 13.
Those whe voted in the affirmative, are Messrs.
Beavers, Dickinson, McBae,
Bethune, Farris, Moore,
Burks, Flewellen, Boss,
Butler, Griggs, Slaughter,
John L. Bird, Hardeman, Tumlin,
Calhoun, Harman, Walthour,
Chappell, Harris, Watters,
Coffee, Knight, Wilcox,
Connelly, Lawson, Wright.
Crocker, McCune,
senate. 251
Those who voted in the negative, are Messrs.
Anderson,
P. M. Byrd,
Foster,
Hicks,
Little,
Mosely,
Simmons,
Stroud,
"Wellborn,
Cone,
Day,
Wolfe.
Flournoy,
So the motion prevailed.
On motion of Mr. Simmons, the Senate took up and
agreed to the Resolution laid on the table yesterday, by
•himself, providing for the appointment of a Committee to
compare engrossed with the original bills, before they are
enrolled.
And the Committee appointed are Messrs. Anderson,
Burks, and Hicks.
The following message was received from the House o f
Representatives, by Mr. Sturgis, their Clerk:
Mr. President :—The House of Representatives have
passed the following Bills, to-wit:
A Bill to add so much of the second district of originally
Muscogee, as is included within the county of Marion, to
the county of Macon.
A Bill to change the name of the " Relief Society of
the Georgia Annual Conference of the Methodist Episco¬
pal Church South," to that of " The Preacher's Aid So¬
ciety of the Georgia Conference."
A Bill to change the name of the LaGrange Female
" Institute, and for other purposes therein named.
A Bill to incorporate and appoint Trustees to the Wash-
in gton county Female Institute.
A Bill to change the boundary line of the county of
Thomas, so as to add lot of land number 110, in the 10th
district of Baker county, adjoining the present line of the
county of Thomas, to the county of Thomas, and other
counties therein named.
A Bill compelling Justices of the Peace of 1030th dis¬
trict of Ware county, to hold Justices Court at a place
therein named.
A Bill to incorporate the town of Antioch in Troup
county, and to provide for the election of Intendant and
Commissioners for the same, and to define their powers,
and for other purposes therein mentioned.
A Bill to exempt from pilotage over the bar and river
Savannah, in the county of Chatham, all steam vessels
carrying a mail of the United States, and plying between
the State of Georgia and the States of South Carolina and
Florida.
A Bill to reduce the ^herifl's Bond of Clinch county.
252
JOURNAL OF THE
A Bill to change the line between the counties of Ware
and Wayne, so as to define the same.
A Bili to change the line between the counties of Tel¬
fair and Appling.
A Bill to authorize the Ordinary ,of Upson county, to
grant letters of administration on the undivided estate of
Allen McWalker, late of Upson county, deceased, and on
certain conditions.
A Bill to authorize the Ordinary of Upson county, to
grant temporary letters, to collect the estate of James
Hightower, deceased, late of Upson county, and take care
of the same, pending an appeal, on certain conditions.
A Bill to authorize the Judge of the Superior Courts of
the county of Macon, to draw two panels of Grand, and
two panels of Petit Jurors, also to require the Justices of
the Inferior Court of said county, or a majority of them,
to meet at their Court-house on the first Monday in Feb¬
ruary next, to draw an additional panel of Grand and
Petit Jurors to' serve at the next term of said Superior
Court, and to authorize the Judge of the Superior Court of
Floyd county, to draw three panels of Grand and Petit
Jurors, to serve one week each.
A Bill to add a part of the county of Jackson to the
county of Madison, so as to include the residence of Wil¬
liam Sanders.
A Bill to make permanent the public site in the county
of Lee, at Starkville, and to incorporate the same; to de¬
signate the corporate limits thereof, to appoint commis¬
sioners for the same, and to define their powers. >
A Bill to add a part of the counties of Murray and Floyd
to the county of Gordon, and to add a part of the county
of Randolph to the county of Stewart.
Mr. Bethune made the following Report:
The Committee on Finance, in examining the condition
of the Treasury, find a number of items included in the
amount reported as " cash balance," and designated s?
" unavailable assets," as follows :
Scrips for Stock in Banks, $290,900
Bills of Bank of Darien and other broken Banks, 2,237 25
" Commercial Bank, 109
Attorneys receipts for bills of broken and sus¬
pended Banks, 7,315
Western and Atlantic Railroad Scrip, redeem¬
ed under Act 1845, 4,781 75
$305,346 00
Your Committee, deeming it desirable that in the an
nual Reports of the Treasurer, the people should, with as
little complication as practicable, be informed of the actu
SENATE. 253
al state of their finances, are of opinion that these items
should be withdrawn from the annual Reports of that officer.
They find also, in the Treasury, a great number of State
Bonds redeemed, and Coupons which have been paid, as
a register of the bonds and coupons is kept in the proper
department, and warrants are issued from the Executive
Department for the payment of the bonds.
Your Committee deem it advisable that they should be
destroyed.
There are in the Central Bank a number of State bonds
and Railroad bonds, which have been redeemed by the
Bank; also a considerable amount of the bills of the Bank
of Darien, all of which your Committee think should be
destroyed.
They have directed me to report, for the consideration
of the Senate, the following Resolutions :
Resolved, by the Senate and House of Representatives
of the State of Georgia in General Assembly met, That
the Treasurer of this State be required to report to the
Comptroller General the amount of Bank Stock owned by
the State; also the anrount of bills of suspended Banks,
receipted for by attorneys for collection, and that the
Comptroller General do pass the said amounts upon his
books to the credit of " General account."
Resolved further, That the Treasurer be, and he is
hereby authorized and required, to dispose of the bills of
broken and suspended Banks to the best advantage for the
interest of the State.
And be it further resolved, That his Excellency the
Governor be authorized and requested to cause to be re¬
gistered in a book to be kept in the Treasury Department,
the bills of the Bank of Darien, which are now in the
Treasury, likewise those which are in the Central Bank,
and when they have been registered, that he cause the
same to be burnt in the presence of such Committee as he
may designate for that purpose. And if, in his opinion,
it is expedient, he is hereby authorized, after being satis¬
fied that a proper record is made of the bonds, coupons
and scrip, both in the Treasury and Central Bank, to have
them burnt also.
"Which, on his motion, was taken up and agreed to.
On motion of Mr. Anderson,
The Bill to alter and amend the seventh section of the
first article of the Constitution of this State,
Was taken up and read the second time, and referred
to the Committee of the Whole.
On motion of Mr. Anderson, the Order was suspended,
and the Senate took up, as the Report of the Committee
of the Whole,
254:
JOURNAL OR THE
The Bill for the preservation and protection of the rights
of married women, and the distribution of their estates.
Mr. Mosely moved to amend by adding the following
as an additional section :
And be it farther enacted, That when any woman,
during coverture in indigent circumstances, shall purchase
property with her own and her children's labor, such pro¬
perty shall remain and belong to the wife as her separate
and sole property, from any debt, contract, or liability of
the husband.
On which motion, the yeas and nays were required to
be recorded, and are—yeas 22, nays 17.
Those who voted in the affirmative, are Messrs.
Beavers, Flournoy, Moore,
Butler, Foster, Mosely,
John L. Bird, Harman, Boss,
Philip M. Byrd, Harris, Slaughter,
Coffee, Hicks, Walthour,
Cone, Lawson, Wolfe,
Crocker, McRae, Wright.
Hay,
Those who voted in the negative, are Messrs.
Anderson, Flewellen, Stroud,
Bethune, Griggs, Tumlin,
Burks, Hardeman, W atters,
Chappell, Knight, Wellborn,
Connelly, McCune, Willcox.
Dickinson, Simmons,
So the motion to agree to the amendment prevailed.
Mr. P. M. Bird moved to amend by adding the follow¬
ing proviso:
Provided however, That the provisions of this Act
shall in no cause operate in favor oi.axxy feme covert, who
shall not within thirty days after the solemization of the
marriage of said feme covert, file in the Clerk's office of
the Superior Court of the county where said marriage may
be solemized, a declaration avowing her intention to avail
herself of the provisions of this Act.
Mr. Bethune called for the previous question—which
was seconded—and on the question, shall the main ques¬
tion now be put ? the yeas and nays were required to be
recorded, and are—yeas 19, nays 21.
SENATE. 255
Those who voted in affirmative, are 'Messrs.
Anderson, Griggs, Strond,
Bethune, Hardeman, Tumlin,
Chappell, Hicks, ' Watters,
Connelly, Lawson, Wellborn,
Day, McCune, Will cox,
Dickinson, Simmons, W olfe.
Flewellen,
Those who voted in the negative, are Messrs.
Beavers,, Crocker, McRae,
Burks, Farris, Moore,
Butler, Flournoy, Mosely,
John L. Bird, Foster, Ross,
Philip M. Byrd, Harman, Slaughter,
Coffee, Harris, Walthour,
Cone, Little, Wright.
So the motion for the previous question was lost.
Under the rule the Bill lies over one day.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to exempt certain citizens of Pike
county from the performance of militia duty in certain
cases and upon certain conditions, and also to encourage
volunteer companies in said county, and for other purposes.
The Report was agreed to.
The Bill was read the third time and passed.
On motion of Mr. Moore, the Order wrs suspended, and
the Report of the Select Committee on new counties,
heretofore made, in relation to the petition of sundry citi¬
zens of Cobb, Cherokee, Forsyth, Gwinnett and DeKalb
counties, praying the formation of a new county out of
portions of the territory of said counties, was taken up and
agreed to.
Mr. Bethune presented the petition of citizens of Han¬
cock county, praying an alteration of the line between the
counties of Baldwin and Hancock.
Which, on his motion, was referred to the Committee
on Petitions, without being read.
The Senate took up, as the Report of the Committee of
the Whole, the Bill, to prescribe conditions to the issuing
of marriage license, and for other purposes.
On reading the following part of the first section:
Be it enacted, That from and after the first day of May
next, no person who by the laws now of force, or which
shall hereafter become of force in this State, is or shall be
authorized to issue marriage license, shall issue a license
to authorize the joining in wedlock of any free white fe-
256 JOURNAL OF THE
male of this State, who has not, at the time of such issuing
of license, attained the age of twenty years, &c.
Mr. Wellborn moved to amend by striking out "twen¬
ty," and insert in lieu thereof, " eighteen."
The question was divided.
The motion to strike out was lost.
Mr. Harman moved to amend, by adding after the word
" twenty," the words " at boarding schools."
"Which was lost.
The Report was then 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
17, nays 21.
Those who voted in the affirmative, are Messrs.
Anderson, Roster, Simmons,
Chappell, Griggs^ Stroud,
Connelly, Hardeman, Tumlin,
Day, " Hicks, Watters,
Farris, Lawson, "Wolfe.
Flewellen, McCune,
Those who voted in the negative, are Messrs.
Beavers, Cone, Moore,
Betkune, Crocker, Mosely,
Burks, Flournoy, Ross,
Butler, Harman, Slaughter,
John L. Bird, Harris, Walthour,
Philip M. Byrd, Ivnight, Wellborn.
Calhoun, Little, Wilcox,
Coffee, McRea, Wright.
So the Bill was lost.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President : The House of Representatives have
agreed to a Resolution providing for the appointment of a
Joint Committee from the two Houses of the General As¬
sembly, to confer together and to ascertain what amount
of the business of the two Houses is yet unfinished, and
thereupon t;o report the time at which the General Assem¬
bly can adjourn sine die, and whether a recess is necessary
to avoid hasty and indiscreet legislation, which I am di¬
rected to communicate to the Senate forthwith, and to ask
their concurrence in th6 same.
senate. • 257
The Committee on the part of the House, aTe Messrs.
Seward, Wofford, Floyd, Bartow, and Harris of Clark.
The following Message was received from his Excellency
the Governor, by Mr. Hood, his Secretary :
Mr. President : His Excellency the Governor has as¬
sented to and signed a Resolution of the General Assem¬
bly " requesting our Senators and Representatives in Con¬
gress, to use their influence for the establishment of a
weekly mail route, to be carried upon a two horse stage
coach, from Blairsville to Cassville," in this State.
Which has been deposited in the ofiice of the Secretary
of State.
On motion of Mr. McCune, the Senate took up the fol¬
lowing Resolution of the House of Representatives :
jResolved, That a Committee of five be appointed by the
Chair, to join such Committee as the Senate may appoint,
for conference and examination into the business of the
two Houses, and to ascertain at what time the General
Assembly may adjourn; and to consider, also, whether
the amount of business, its character and importance to the
State, is such as to require deliberation and time, so as to
consummate and perfect measures of general interest to
the State, in a manner compatible with the interest and
prosperity of her people; and also to take into considera¬
tion the private interest of the members of the Legislature,
whose presence may be necessary at home on the incom¬
ing of the new year, and their obligations to give attention
to business of a public nature affecting the community in
which they respectively reside, and to report to each
House, with as little delay as is consistent with their duty,
whether the public interest will be best subserved by a
recess, to avoid hasty and indiscreet legislation.
The Resolution was concurred in ; and Messrs. Mosely,
Cone, Tumlin, Day and Knight, were appointed a Com¬
mittee on the part of the Senate.
And on motion of Mr. Wellborn, the Secretary was di¬
rected to inform the House forthwith of the same.
On motion of Mr. McCune, the Senate took up the re¬
considered Resolution in relation to the hour of meeting of
the Senate.
Mr. McCune offered the following as a substitute :
Resolved, That the hours of meeting of the Senate here¬
after, shall be at 9£ o'clock, A. M., and 3 o'clock, P. M.,
unless otherwise ordered.
The substitute was received.
The Resolution, as amended, was agreed to.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to authorize and require the Justices
of the Inferior Court in the several counties in .this State,
17
258 journal or the
to hire out free persons of color, upon the commission of
certain crimes therein specified.
Mr. Flournoy moved to amend by adding the following
as an additional section :
And be it further enacted, That if any free person of
color, after having been hired out under the provisions of
this Act, shall escape, runaway from, or quit the service
of the person hiring him or her, without the consent of the
hirer, he or she shall, on conviction before any three Jus¬
tices as aforesaid, be re-hired by such Justices, for an ad¬
ditional term of not less than three nor longer than six
months.
Which was agreed to.
Mr. Calhoun moved to amend by adding the following
proviso:
Provided, That nothing herein contained shall prevent
the trial and punishment of any free person of color, un¬
der the laws of this State, for any offence in this Act spe¬
cified.
Which was agreed to.
Mr. Moore moved to amend by adding the following :
Provided further, That nothing herein contained shall
be so construed as to interfere with any rights existing un¬
der previous contracts for hire.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
On motion, the Senate adjourned until 3 o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Simmons, from the Committee on Enrollment, re-
?orted as duly enrolled and ready for the signature of the
'resident of the Senate:
An Act to amend the charter of the Jewish Congrega¬
tion at Savannah.
Also, an Act to authorize Alfred F. Braham to plead
and practice law in the several Courts of law and equity
in this State on certain conditions therein named.
^ Also, an Act to incorporate the Hebrew Benevolent So¬
ciety at Savannah.
Also, an Act to revive and amend the Act passed on the
20th December, 1834, incorporating and confering certain
powers upon the Brunswick Canal and Railroad Company.
Also, an Act to amend an Act entitled an Act to incor-
senate.
259
porate the Washington Fire Company of the city of Savan¬
nah, Georgia.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as dnly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate :
A Resolution in relation to a mail route from Askville,
Buncomb Court House, North Carolina, to Clarkesville,
Habersham county, Georgia.
Also, a weekly horse mail from Whetstone Post Office,
in Pickens District, South Carolina, to Clayton, Rabun
county, Georgia.
The following Message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Mb. Pkesident : The House of Representatives have
concurred with the Senate in their amendment to the Res¬
olution of the House of Representatives authorizing the
Governor to distribute certain books therein named to cer¬
tain officers in the several counties of this State.
And I am directed to communicate the same forthwith
to the Senate.
The Senate took up, as the Report of the Committee of
the Whole, the bill to repeal an Act passed in 1850, re¬
viving the Land Acts passed 1798 and 1799, or so much
thereof compelling persons to procession their lands, and
the penalties thereon, so far as relates to the counties of
Floyd, Chattooga, and Gordon.
The Report was ageed to.
The Bill was read the third time, and on the question
" Shall this Bill pass ?" the yeas and nays were required
to be recorded, and are—yeas 5, nays 24.
Those who voted in the affirmative, are Messrs.
Cone, Flournoy, W atters.
Farris, Harris,
Those who voted in the negative, are Messrs.
Anderson, Day, Little,
Bethune, Dickinson, Mosely,
Burks, Flewellen, Ross,
Butler, Foster, Simmons,
Philip M. Byrd, Hardeman, Slaughter,
Calhoun, Harman, Tumlin,
Chappell, Knight, Walthour,
Crocker, Lawson, Wellborn.
So the Bill was lost.
260
JOURNAL OF THE
The Senate took up, as the Report of the Committee of
the Whole, the bill to shorten litigation and regulate con¬
tinuances.
The Report was agreed to.
The Bill wras read the third time and lost.
The Senate took up, as the Report of the Committee of
the Whole, the bill to change the penalty for the offence
of Larceny, from the House, in certain cases.
The Report was agreed to.
The Bill was read the third time and passed.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the Speaker ot the
House of Representatives, and ready for the signature of
the President of the Senate:
A Resolution to distribute Cobb's new Digest.
The Senate took up as the Report of the Committee of
the Whole, the bill to require persons applying for a writ
0 f Habeas Copus ad subjiciendum in any State case, to
give the prosecutor notice of the time and place where said
application will be heard, and on reading the first section,
as follows:
Be it enacted, That from and after the passage of this
Act that no Court shall sit upon and determine any appli¬
cation for a writ of Habeas Corpus ad subjiciendum in any
case, unless the applicant for said writ, or his Attorney at
at Law, shall have previously given timely notice to the
prosecutor, of the time and place of the meeting of the
Court to determine upon said application.
The Committee on the Judiciary moved to amend by ad¬
ding after the word " prosecutor," the words "or his At¬
torney."
Which was agreedt o.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to fix and regulate the times of holding
the Superior Courts in the Macon Circuit, and on reading
the following part of the first section, "The Superior Courts
in the county of Twiggs commencing on the first Monday
in May and Hovember."
The select Committee to whom the bill was referred,
moved to amend by striking out the word " first," and the
words "May and ^November," and insert in lieu thereof the
word "second," and the words "June and December."
Which was agreed to.
The Report as amended was agreed to.
* The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to abolish capital punishment within
the State of Georgia.
SENATE.
261
The Committee on the Judiciary offered the following as
a substitute:
^ -A Bill to be entitled an Act to amend and add an addi¬
tional clause to the seventh section of the second article of
the Constitution of of this State. v
Be it enacted, That so soon as this bill shall have passed
in accordance with the requirements of the Constitution,
the following words, to-wit: " or the punishment by law
provided may be commuted to that of imprisonment in the
Penitentiary for life, or a term of years," shall be added to
and become an additional clause of said seventh section of
the second article of the Constitution of the State of Georgia.
The substitute was received.
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 re¬
quired to be recorded, and are, yeas 31, nays 9.
Those who voted in the affirmative, are Messrs.
Anderson, Foster, Moore,
Beavers, Griggs, Ross,
Burks, Hardeman, Simmons,
Philip M. Byrd, Harman, Slaughter,
Coffee, Harris, Stroud,
Connelly, Hicks, Tumlin,
Crocker, Knight, W althour,
Dickinson, Lawson, Watters,
Farris, Little, Wellborn,
Flewellen, McRae, W olfe.
Flournoy,
Those who voted in the ilegative, are Messrs.
Butler, Chappell, McCune,
John L. Bird, Cone, Mosely,
Calhoun, Hay, Wright.
So the Bill was passed by a Constitutional majority.
The Senate took up, as the Report of the Committee of
the Whole, the bill more effectually to prevent frauds in
elections in this State and to detect the same.
Which, on motion of Mr. McCune, was made the special
order of the day for to-morrow.
The Senate took up, as the Report of the Committee of
the Whole, the bill to incorporate an institution for the pro¬
motion of moral and theological information, embracing
common school education, arts, sciences, law and medicine,
with apparatus, books, maps, charts, printing establishment,
262
JOURNAL OF THE
Ac., to be styled "The first Southern Liberal Institute,"
at Griffin, in the county of Pike.
The Select Committee on corporations moved to amend
by striking out the words " the first " before " Southern,"
and insert the article " A."
"Which was agreed to.
The Committee moved to amend further by striking out
the word " Pike " and insert Spalding.
"Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to fix the time of holding the Superior
Courts in the Coweta and Blue Ridge Circuits, to allow a
longer time for holding a part of said courts, and to au¬
thorize the drawing of Juries for parts of them.
The Select Committee to whom was referred this bill,
offered the following as a substitute:
A Bill to alter and fix the time for holding the Superior
Courts in the Flint and Coweta Districts, to allow a longer
time for holding a part of said Courts, and to authorize the
drawing of other Juries for a part of them, and to fix the
time of holding the Inferior Courts in Upson, Pike, and
Spalding.
The substitute was received.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up the reconsidered bill to incorporate
a Bank in the city of Atlanta, to be called the Atlanta Bank.
Which, on motion of Mr. Calhoun, was recommitted to
the Committee of the Whole.
The Senate took up as the Report of the Committee of
the Whole, the bill to alter and amend an Act entitled an
Act to protect the estates of orphans, and to make-perma¬
nent provisions for the poo/, approved December 18th,
1792, so far as relates td the amount of the bond to be giv¬
en by Administrators.
The Committee on the Judiciary moved to amend by
adding the following as an additional section :
Andle it further enacted, That' all the laws of this State
applicable to the sale of real estate of minors in the hands
of Guardians, shall apply to and govern the sale of real
estate owned by free persons of color, by their Guardians
to be observed and conformed to, and no sale shall be valid
without the permission of the Court of Ordinary, which
Court shall prescribe the mode and property in which the
proceeds shall be disposed of or invested.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
SENATE.
263
The Senate took up as the Report of the Committee of
the Whole, the reconsidered bill to incorporate the Lanier
House Company.
And on reading the second section as follows:
And be it further enacted, That said Lanier House
Company shall have all the powers usually appertaining to
corporations created by act of the Legislature, and that its
undivided members shall be bound and held responsible
as special partners, are bound and held responsible by the
Statute law of the State of Georgia.
Mr. Harman moved to amend by adding after the words
" Lanier House Company," the words " at Macon."
Which was agreed to.
The Committee on the Judiciary moved further to amend
by adding after the word " Legislature," the words, " and
appertaining to the legitimate business of a Hotel Compa-
pany."
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole :
A Bill to repeal an Act approved December 19th, 1849,
entitled an Act to repeal all laws respecting the importa¬
tion of slaves into this State, and to give certain powers to
municipal corporations in relation to slaves..
Also, a Bill to more effectually prevent the furnishing of
intoxicating.liquors to, and the use of the same, by slaves.
Also, a Bill to regulate the vending of medical nostrums
and for other purposes.
Also, a Bill for the relief of the teachers of poor children.
Also, a Bill to prevent evading the payment of tolls on
Plank Roads in the State of Georgia.
Also, a Bill to alter and amend the road laws so far as
relates to Mcintosh county.
Also, a Bill to incorporate a Bank in the city of Colum¬
bus, to be called the "Manufacturing Bank" of Columbus.
Also, a Bill to authorize his Excellency the Governor to
cause to be corrected, errors in the transcription of grants
in the office of Secretary of State upon conditions therein
named.
The following bills were taken up, read the second time
and referred to the Select Committee on Corporations.
A Bill to incorporate the Lawrenceville Manufacturing
Company.
Also, a Bill to incorporate the Lawrenceville Railroad
Company.
Also, a Bill to incorporate Fraternal Lodge, Ho. 37, of
Free and Accepted Masons at McD'onough, in the county
of Henry.
264
JOURNAL OF THE
Also, a Bill to incorporate the Baptist Church at Antioch
in the county of Lee, and appoint Trustees for the same.
Also, a Bill to incorporate the Indian Spring Bailroad
Company.
Also, a Bill to incorporate the Grffin Collegiate Seminary
for young ladies, and to appoint Trustees for the same.
Also, a Bill to incorporate the city of Oglethorpe, and to
alter and amend an Act entitled "an Act to incorporate the
town of Oglethorpe, in the county of Macon."
The following Bills of the House of Representatives
were taken up and read the first time :
A Bill to authorize the Ordinary of IJpson county to
grant letters of Administration on the undivided estate of
Allen McWalker, late of Upson county deceased, and on
certain conditions.
Also, a Bill to add a part of the counties of Murray and
Floyd to the county of Gordon, and to add a part of the
county of Randolph to the county of Stewart.
Also, a Bill to add a part of the county of Jackson to
the county of Madison, so as to include the residence of
William Saunders.
Also, a Bill to authorize the Judge of the Superior Courts
of the county of Macon to draw two panels of Grand and
two panels of Petit Jurors, also, to require the Justices of
the Inferior Court of said county, or a majority of them,
to meet at their Court House on the first Monday in Feb¬
ruary next to draw an additional panel of Grand and Petit
Jurors to serve at the next term of said Superior Court, and
to authorize the Judge of the Superior Court of Floyd coun¬
ty ta draw three panels of Grand and Petit Jurors to serve
one week each.
Also, a Bill to add so much of the second district of
originally Muscogee as is included within the county of
Marion, to the county of Macon.
Also, a Bill to change the name of the "Relief Society of
the Georgia Annual Conference of the Methodist Episcopal
Church South," to that of "The Preachers' Aid Society of
the Georgia Conference."
Also, a Bill to change the name of the •' LaGrange Fe¬
male Institute," and for other purposes therein named.
Also, a Bill to incorporate and appoint Trustees to the
Washington county Female Institute.
Also, a Bill to change the boundary line of the county
of Thomas, so as to add lot of land number 110, in the 10th
district of Baker county, adjoining the present line of the
county of Thomas, and other counties therein named.
Also, a Bill to incorporate the town of Antioch, in Troup
county, and to provide for the election of Intendant and •
commissioners for the same, and to define their powers, and
for other purposes therein mentioned.
SENATE.
265
Also, a Bill to change the line between the counties of
Ware and Wayne, so as to define the same.
Also, a Bill to establish election precincts at the places
holding Justices' courts in the counties of Gwinnett, Cass,
Gordon, Forsyth, Clinch, Murray, Scriven, Bulloch, Craw¬
ford, Pike, Spalding, Emanuel and Jones.
Also, a Bill to provide for the election of all the Judges
of the Superior Courts by the free white people of the State
of Georgia, and for other purposes therein named.
Also, a Bill to exempt from pilotage over the bar and
river Savannah, in the county of Chatham, all steam vessels
carrying a mail of the United States, and plying between
the State of Georgia and the States of South Carolina and
Florida.
Also, a Bill compelling Justices of the Peace of 1030th
district of Ware county to hold Justice courts at the place
hereinafter named.
Also, a Bill'to reduce the Sheriffs bond of Clinch county.
Also, a Bill to change the line between the counties of
Telfair and Appling.
Also, a Bill to authorize the the Ordinary of Upson coun¬
ty grant temporary letters to collect the estate of James
Hightower, deceased, late of Upson county, and take care
of the same, pending an appeal on certain conditions.
Also, a Bill to make permanent the public site in the
county of Lee, at Starkville, and to incorporate the same,
to designate the corporate limits thereof, to appoint com¬
missioners for the same, and to define their powers.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to re¬
peal an Act entitled an Act to consolidate the offices of Tax
Collector, and Receiver of Tax Returns in the counties of
Rabun, Camden, Irwin, Floyd, Scriven, Paulding, Wayne,
Murray, Cherokee, Glynn, Telfair and Laurens, so far as
respects the county of Rabun.
Which was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to re¬
peal an Act entitled an Act to repeal an Act to appoint
county Treasurers, and define their duties, so far as relates
to the counties of Troup, Carroll, Crawford, Murray, Mon¬
roe, Montgomery, Pike, Appling Randolph, Warren, Fay¬
ette, Chatham Cherokee and Stewart, and to give to the
people of said-counties the election of Treasurer, approved
the 20th December, 184®, so far as relates to the county of
Troup.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
266 JOURNAL OF THE
the Whole, the bill of the House of Representatives, to
amend, the attachment laws of this State.
Which on motion of Mr. Foster, was referred to the Com¬
mittee on the Judiciary.
On motion the Senate adjourned until half past 9 o'clock
to-morrow morning.
FRIDAY, Dec. 19, 1851.
Tne Senate met pursuant to adjournment.
On motion of Mr. Foster, the Senate reconsidered so
much of the Journal of yesterday as relates to the rejection
of the bill prescribing conditions to the issuing of marriage
license, and for other purposes.
Leave of absence was granted to Mr. Crocker from Tues¬
day 12 o'clock until Friday evening.
Mr. Foster presented a Memorial from the East Tennes¬
see and Georgia Railroad Company in relation to the an¬
noyances and difficulties to which said Company has been
subjected by'the filing of bills of injunction, &c.
Which on his motion was referred to the Committee on
the Judiciary, without being read.
Mr. Mosely made the following Report:
The Joint Committee to whom was referred for consid¬
eration the question as to what time the General Assembly
may adjourn, and also the question whether the public in¬
terest requires a recess, report that they have had the same
under consideration, and report that with proper attention
and application to business, they are of opinion the Legis¬
lature may adjourn by the 3d January, and that a recess is
unnecessary.
Which on motion of Mr. Cone, was taken up and agreed to.
Mr. Harris reported a bill to incorporate the town of
Americus, in the county of Sumter, assented to December
22d, 1832.
Which was read the first time.
Mr. Calhoun reported a bill to carry into effect the sixth
section of the third article of the Constitution of this State
by defining the powers and duties of the Ordinary in the
several counties in this State, and of Executors, Adminis¬
trators and Guardians.
' Which was read the first time.
And on motion of Mr. Cone, fifty copies were ordered to
bo printed for the use of the Senate.
Mr. Farris reported a bill to revive and continue in force
an Act to make permanent the public buildings in the
county of Walker, at the town of Chattooga, to incorporate
senate.
267
said town and appoint commissioners for the same, assent¬
ed to the 22d day of December, 1835, and also to define
the corporate limits of said town of Chattooga, now Lafay¬
ette, in the said county of Walker.
Which was read the first time.
Mr. Wellborn reported a bill to define the mode of ex¬
amining witnesses in any of the courts of this State.
"Which was read the first time.
Mr.'Bethune made the following Report:
Mr. President : The Committee on Finance, to whom
was referred a communication from David H. James, ask¬
ing to be relieved from the payment of a double tax assess¬
ed upon his property, have had the same under considera¬
tion. They are not furnished with any evidence necessary
to shew that he has on his part complied with the requsi-
tion of the law.
They therefore ask to be relieved from its further consid¬
eration.
Which on his motion was taken up and agreed to.
The following message was receivedfrom the House of
Representatives by Mr. Sturgis, their Clerk :
Mr. President :—The House of Redresentatives have
passed the following Bills, to-wit:
A Bill to amend the second section of an Act to empow¬
er the Inferior Courts of the several counties in this State
to order the laying out of public roads, and to order the
building and keeping in repair public bridges, approved
December Ith, 1799.
Also, a Bill to appropriate money for the improvement
of the navigation of the Coosa river, between Rome and the
boundary line between the States of Georgia and Alabama,
and to appoint commissioners for that purpose.
Also, a Bill for the government and management of the
Western and Atlantic Railroad.
On motion of Mr. Hardeman, the Senate went into Com¬
mittee of the Whole on the special Order of the Day, which
was the bill more effectually to prevent frauds in elections
in this State, and to detect the same—Mr. Day in the chair.
After some time spent therein—
On motion of Mr. Foster, the Committee rose and report¬
ed the bill with a substitute.
On motion of Mr. Day, the report was taken up, and on
reading the first section, as follows :
That it shall be the duty of all superintendents or mana¬
gers of any election after the first day of May next, held by
authority of any law or laws of this State, whether they be
freeholders or Justices of the Peace, to take and subscribe
the following oath or affirmation: All and each of us do sol¬
emnly swear, or affirm, that we will faithfully superintend
this day'selection ; that we are freeholders or J ustices of the
268 journal,or the
Peace of this county; that we will make a true and just return
thereof; that we will not knowingly permit any one to vote
unless we believe he is entitled to do so according to the
laws of this State. And if there be no Justice of the Peace
or other officer authorized to administer the oaths, or if any
one be present and shall refuse to qualify the superinten¬
dents, it shall be lawful for the superintendents to take and
subscribe the oath before each other, and their liabilities
shall be the same as though the oath had been taken he-
fore an officer authorized to administer oaths.
Mr. Foster moved to amend by inserting after the words
" unless we believe he is entitled to do so," the words " nor
knowingly prohibit any one from voting who is entitled by
law to vote."
Which was agreed to.
Mr. Moore moved to amend by inserting after the word
" freeholders " the words " Justices of the Inferior Court."
Which was agreed to.
Mr. Harman moved to amend by adding to the oath the
following words, " and we will not divulge for whom any
vote was cast, unless called on under the law to do so."
On which motion the yeas and nays were required to
to be recorded, and are—yeas 21, nays 16.
Those who voted in the affirmative, are Messrs.
Beavers, Connelly, Lawson,
Bethune, Bay, McCune,
Butler, Flournoy, McEae,
P. M. Byrd, Foster, Simmons,
Calhoun, Griggs, Stroud,
Chappell, Harman, Wellborn, '
Coffee, Harris, Wilcox.
Cone, Knight, Wright.
Those who voted in the negative, are Messrs.
Burks, Hardeman, Koss,
John L. Bird, Hicks, Slaughter,
Crocker, Little, Tumlin,
Dickinson, Moore, Walthour,
Farris, Mosely, Wolfe.
Flewellen,
So the motion prevailed.
And on reading the second section, as follows :
That it shall be the duty of all superintendents of elec¬
tions,after the first day of May next, held by authority oi
any law or laws of this State, in any county thereof, in ad-
SENATE.
269
dition ±o the copy or list of voters now required to be re¬
turned, to cause one list of the names of the voters who
voted at said election at which they presided, to be return¬
ed to the Clerk of the Superior Court for said county with¬
in three days after said election, for the use of the Grand
Jury of the county, and it shall be the duty of the mana¬
gers to have the names of all persons who voted and whose
vote was challenged plainly and distinctly marked on said
list so returned, and said list of voters shall have attached
to it a copy of the oath of managers, signed and certified
by them, and on failure so to do, the managers shall be
liable to indictment, and upon conviction shall be fined in
a sum not less than $50 each, nor more than $500 each, at
the discretion of the court, and moreover, shall be liable to
an indictment for false swearing, and punished accord¬
ing to the existing laws in such cases.
Mr. Calhoun moved to amend by striking out the follow¬
ing words: " And said list of voters shall have attached to
it a copy of the oath of managers, signed and certified by
them." Which was agreed to.
Mr. Simmons moved to amend by inserting the words
" and said list of voters shall have attached to it the origi¬
nal oath of managers, signed and certified by them."
Which was agreed to.
And on reading the fourth section, as follows :
And be it further enacted by the authority aforesaid,
That it shall be the duty of the Grand Jurors of their re¬
spective counties, to examine the list of voters so returned,
\and if there be found on said list any voter or voters who
were not entitled to vote according to the existing laws of
this State, to present said illegal voter or voters for voting
contrary to law, and upon conviction he or they shall suffer
the same pains and penalties as are inflicted by the laws
now of force in this State, and in the event that there be no
list of voters returned to the Grand Jury, of any election
held according to law since the last term of the Court, it
shall be the duty of the Grand Jury for their respective
counties, to ascertain the delinquent Clerk or the managers
and make presentment of the party in default, and upon
conviction, he or they shall suffer the same pains and pen¬
alties as are inflicted upon managers of elections by the
second section of this Act.
Mr. Moore moved to amend by inserting after the words
"Grand Jurry" the words " in accordance with the provi¬
sions of this Act."
Which was agreed to.
And on reading the fifth section, as follows :
And be it further enacted by the authority aforesaid,
That it shall be the duty of the managers of elections at the
several places of holding elections in this State for Gov-
270 JOURNAL OF THE
ernor, members of Congress, members of the Legislature,
Clerks of the Superior and Inferior Courts, Sheriffs, Coro¬
ners, county Surveyors, and all other officers elected by the
people of this State, Militia officers excepted, to cause the
numbers annexed to the name of the voter to be entered
upon his ticket, and on counting out the tickets, said man¬
agers of the election shall not suffer the tickets to be exam¬
ined by the by-standers, but shall carefully preserve them,
and seal them in a strong envelope and return them to
the Clerk of the Superior Court in each county, to be pre¬
served by him for sixty days, after which time, if there is
no contest about or protest against any such elections, he
shall proceed to burn said tickets without opening or ex-
aming the same, and which tickets shall not be subject to
examination by any one, unless such election shall be con¬
tested.
Mr. Harman moved to amend by striking out the whole
section.
On which motion, the yeas and nays were required to
be recorded, and are—yeas 8, nays 33.
Those who voted in the affirmative are Messrs.
Beavers, Harris, "Wellborn,
Butler, McCurre, Wright.
Harman, Stroud,
Those who voted in the negative, are Messrs.
Anderson, Dickinson, Moore,
Bethune, Farris, Mosely,
Burks, Flewellen, Ross,
John L. Bird, Flournoy, Simmons,
Philip M. Byrd, Foster, Slaughter,
Calhoun, Griggs, Spalding,
Coffee, Hicks, Tumlin,
Cone, Knight, Walthour,
Connelly, Lawson, Watters,
Crocker, Little, Wilcox,
Day, McRae, Wolfe.
So the motion was lost.
And on reading the sixth section, as follows:
And be it f urther enacted by the authority aforesaid,
That should any of the elections held according to the laws
of this State be contested, it shall be the duty of the Clerks
of said Superior Courts to deliver the tickets of said contest¬
ed election or elections, together with the list of voters, to
the proper authorities as now provided by the laws of this
senate. 271
State, whose duty it shall he to proceed to purge the polls
of said election by opening said packages of tickets and
ascertaining the illegal vote or votes by the numbers on
the list of votes and tickets, and the persbnor persons hav¬
ing the highest number of votes polled within the lawful
hours, after deducting such illegal votes, shall be elected.
Mr. P. M. Bird moved to amend by inserting the word
'declared' between the word "be" and the word "elected."
Which was agreed to.
Mr. Simmons moved to amend by adding the following
as an additional sction.
And be it further enacted, That if the managers of any
election, after the first day of May next, in this State, shail
refuse to allow any one to vote who is legally authorized
to do so, and who shall propose to make oath thereof, or
shall receive knowingly any illegal vote, they shall be lia¬
ble to indictment for misdemeanor, and upon conviction
shall be fined in a sum not exceeding five hundred dollars
or imprisoned in the common jail of the county, at the dis¬
cretion of the Court, and shall be moreover, subject to an
indictment for false swearing, and punished according to
the existing laws in such cases provided.
Which was agreed to.
The following Message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Mr. President :—The House of Representatives have
agreed to certain Resolutions paying a tribute of respect
to the Hon. Henry R. Deadwyler, late member of the
House of Representatives from the county of Elbert, de¬
ceased.
And I am directed to communicate the same to the Sen¬
ate forthwith;
Mr. Foster moved to lay the report on the table for the
present.
On motion of Mr. Wright, the Senate took up the follow¬
ing Resolutions of the House of Representatives:
Resolved, That the House of Representatives have learn¬
ed with deep regret the information of the decease of the
Hon. Henry R. Deadwyler, a Representative from the
county of Elbert, and feel with sensibility the loss which
this body has sustained in one of its most amiable and re¬
spected members, and his constituents in an efficient and
useful representative of their interests.
Resolved, That the House sincerely sympathize with the
afflicted family and friends of the deceased, under their
melancholy bereavement, and as a testimony of respect to
his memory, will wear the usual badge of mourning during
the remainder of the session.
Resolved, That these Resolutions be entered on the Jour-
272 JOURNAL OF THE
nal of the House, and that a copy of them "be transmitted
to the widow of the deceased.
Resolved, That the Clerk of the House transmit these
Resolutions forthwith to the Senate.
Resolved, As a further tribute of respect, that the House
of Representatives do now adjourn till tp-morrow morn-
ing.
On motion of Mr. Cone, seconded by Mr. Hardeman,
the Resolutions were concurred in.
And on motion of Mr. Hardeman, as a tribute of respect
to the deceased, the Senate adjourn until to-morrow morn¬
ing half past 9 o'clock.
SATURDAY, December 20th, 1851.
The Senate met pursuant to adjournment.
Mr. Anderson reported a Bill to alter and amend an
Act entitled an Act to incorporate the Hew York and Sa¬
vannah Steam Navigation Company.
"Which was read the first time.
Mr. Cone reported a Bill to encourage the organization
of volunteer corps in the several counties of this State.
"Which was read the first time.
Mr. Mosely reported a Bill to add parts of the county of
Pike to the county of Spalding.
Which was read the first time.
Mr. Harm an reported a Bill to prescribe certain rules
and regulations to be observed by the several Railroad
Companies, in running engines upon the respective tracks,
and to annex a penalty for the violation of the same.
Which was read the first time.
Mr. Harman made the following Report:
Mr. President : I am directed by the Select Committee
on Incorporations, to whom was referred the Bill to incor¬
porate Pinta Lodge, of Free and Accepted Masons,_ in the
town of Barnesville; and also the Bill to incorporate Fra¬
ternal Lodge, Ho. 37, of Free and Accepted Masons at
McDonough; and also the Bill to incorporate Generous
Warren Lodge, Ho. 21, of Free and Accepted Masons, in
Monroe, Walton county, to report back the same to the
Senate, with a substitute for all of them, and to whom was
also referred the Bill to incorporate AttapuUus Female
Academy, and appoint Trustees for the same; and also
the Bill to incorporate Starkville Academy, and appoint
Trustees for the same: and also the Bill to incorporate
Crawfordville Academy, in the county of Taliaferro, and
SENATE.
273
to appoint Trustees for the same, to report the same back
to the Senate, with a substitute for the same.
On motion of Mr. Watters, the Senate took up, as the
Report of the Committee of the Whole, the Bill to incor¬
porate the CherokeeRailroad Company, and for other pur¬
poses therein contained.
And on reading the following part of the second sec¬
tion :
Be it enacted, That said Company shall be authorized
to build a Railroad from the town of Rome, in Floyd
county, and the termination of the Rome Railroad, to the
Alabama line, to connect with such Railroad as may be
chartered and authorized to be built by the State of Ala¬
bama, from Jacksonville, in the county of Benton, to the
Georgia line.
Mr. Watters moved to amend by inserting between the
words " Alabama line," and the words " to connect," the
words " passing through Cedar Town, in the county of
Polk."
Which was agreed to.
And on reading the seventh section, as follows :
Be it enacted, That the Company aforesaid shall have, a
perpetual succession of members, and shall be deemed a
common carrier, as respects all goods, wares, merchandize,
and property entrusted to them for transportation, and
that no other Railroad shall be hereafter permitted to be
constructed within twenty miles of the route the aforesaid
Company may select; and that said Company shall have
full power and authority to, and perform all and every
corporate act as are permitted or allowed to other com¬
panies incorporated for similar purposes.
Mr. Moore moved to amend by striking out all between
the word " transportation" and the words, " and that said
Cc "
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
On motion of Mr. Cone, the Senate took up, as the Re¬
port of the Committee of the Whole, the Bill to alter and
amend the seventh section of the first article of the Consti¬
tution of this State.
And on reading^ the following part of the first section :
The House of Representatives shall consist of one hun¬
dred and members, and no more.
Mr. Flournoy moved to fill the blank with "forty."
Which was lost.
Mr. Anderson moved to fill the blank with "thirty-five."
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time,
agreed to.
IS
274 JOURNAL OF THE
And on the question, " Shall this Bill now pass V the
yeas and nays were required to be recorded, and are,
yeas 38, nays 2.
Those who voted in the affirmative are Messrs.
Anderson,
Beavers,
Bethune,
Burks,
Butler,
John L. Bird,
Philip M. Byrd,
Chappell,
Coffee,
Cone,
Connelly,
Crocker,
Day,
Dickinson,
Farris,
Flewellen,
Flournoy,
Foster,
Griggs,
Hardeman,
Harman,
Harris,
Hicks,
Knight,
Lawson,
Little,
McCune,
McBae,
Moore,
Mosely,
Boss,
Simmons,
Slaughter,
Tumlin,
W althour,
Wellborn,
"Wilcox,
"Wolfe.
Those who voted in the negative are Messrs.
Beed, Stroud.
So the Bill was passed by a Constitutional majority.
On motion of Mr. Foster, the Senate took up, as the
Beport of the Committee of the Whole, on the Bill more
effectually to prevent frauds in elections in this State, and
to detect the same.
On motion of Mr. Foster, so much of the Beport as re¬
lates to the amendment to the oath of the managers, pro¬
posed by Mr. Harman, and so much as relates to the addi¬
tional section proposed by Mr. Simmons, was recommitted
to the Committee of the Whole.
The question then recurred on agreeing to the amend¬
ment proposed by Mr. Harman. »
On which the yeas and nays were required to be record¬
ed, and are, yeas 21, nays 17.
Those who voted in the affirmative, are Messrs.
Anderson,
Beavers,
Burks,
Butler,
Philip M, Byrd,
Coffee,
Cone,
.Connelly,
Farris,
Flournoy,
Foster,
Hardeman,
Harman,
Harris,
Lawson,
McCune,
Slaughter,
Stroud,
Wellborn,
Willcox,
Wolfe.
SENATE. 275
Those who voted in the negative, are Messrs.
John L. Bird, Knight, Simmons,
Crocker, Little, Spalding,
Dickinson, Moore, Tumlin,
Flewellen, Mosely, W althour,
Griggs, Beed, Watters.
Hick3, Boss,
So the motion prevailed.
The question then recurred on agreeing to the additional
section, moved by Mr. Simmons, to the Beport of the
Committee of the Whole. 1
On which the yeas and nays were required to be record¬
ed, and are, yeas 12, nays 27.
Those who voted in the affirmative, are Messrs.
Beavers, Coffee, Harris,
Bethune, Connelly, McCune,
Burks, Hardeman, Simmons,
Butler, Harman, Wellborn.
Those who voted in the negative, are Messrs.
John L. Bird, Griggs, Boss,
Philip M. Byrd, Hicks, Slaughter,
Chappell, Knight, Spalding,
Crocker, " Lawson, Stroud,
Dickinson, Little, Tumlin,
Farris, McBae, Walthour,
Flewellen, Moore, Watters,
Flournoy, Mosely, Wilcox,
Foster, Beed, Wolfe.
So the motion was lost.
The Beport, 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 required to be recorded, and are, yeas
21, nays 17.
Those who voted in the affirmative, are Messrs.
Anderson, Chappell, Farris,
Bethune, Coffee, Flewellen,
Burks, Connelly, Flournoy,
John L. Bird, Day, Foster,
276 journal of the
Griggs, McRea, Simmons,
Hicks, Moore, Slaughter,
Lawson, Mosely, Spalding,
Little, Ross, Wolfe.
Those who voted in the negative, are Messrs.
Beavers, Hardeman, Tumlin,
Butler, Harman, W althour,
Philip M. Byrd, Harris, Watters,
Cone, McCune, "Wellborn,
Crocker, Reed, Wilcox.
Dickinson, Stroud,
So the Bill was passed.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled and ready for the signature of the
•President of the Senate,
An Act to incorporate the Magnolia Steam Packet
Company.
The following message was received from His Excel¬
lency the Governor, by Mr. Hood, his Secretary :
Mk. President :—His Excellency the Governor, has ap¬
proved and signed the following Acts, to-wit:
No. 41. An Act to amend the charter of the Jewish
Congregation at Savannah.
No. 42. An Act to amend an Act entitled an Act to in¬
corporate the Washington Eire Company, of the city of
Savannah, Georgia.
No. 43. An Act to authorize Alfred F. Braham to plead
and practice law, in the several Courts of Law and Equity
in this State, on certain conditions therein named.
No. 44. An Act to revive and amend the Act passed
on the 20th December, 1834, incorporating and conferring 1
certain powers upon the Brunswick Canal and Railroad
Company.
No. 45. An Act to incorporate the Hebrew Benevolent
Society of Savannah.
All of which have been deposited in the office of Secre¬
tary of State.
Mr. McCune reported a Bill to authorize and require
the citizens of Spalding and Polk counties, to pay their
taxes in" said counties.
Which was read the first time.
Mr. Harris reported a Bill to authorize the Inferior Court
of Lee county, to build a Court-house and Jail at Stark-
yille, the present county site of said county, and to author¬
ize said Court to levy an extra tax of not exceeding one
SENATE. 277
hundred per cent, on the State tax, for that purpose, lor
theyears 1852 and 1853.
Which was read the first time.
The Senate took up as the Report of the Committee of
the Whole, the Bill fof the preservation and protection of
the rights of married women, and the distribution of their
estates.
On agreeing to the Report, Mr. Anderson called for the
previous question.
Which was seconded.
It was then decided that the main question should now
be put.
The Report was 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
21, nays 17.
Those who voted in affirmative, are Messrs.
Anderson, Flournoy, Simmons,
Bethune, Griggs, Spalding,
Burks, Hardeman, Stroud,
Chappell, Hicks, Tumlin,
Connelly, Lawson, Watters,
Hay, McCune, Wellborn,
Dickinson, McRae, Willcox,
Flewellen, Reed, Wolfe.
Those who voted in the negative, are Messrs.
Beavers, Farris, Moore,
Butler, Foster, Mosely,
Philip M. Byrd, Harman, Ross,
Coffee, Harris, Slaughter,
Cone, Knight, Walthour.
Crocker, Little,
So the Bill was passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to incorporate Crawfordville Academy,
in the county of Taliaferro, and to appoint Trustees for the
same.
For which the Select Committee on Corporations offered
the following as a substitute:
A Bill to incorporate the Attapulgus Female Academy,
in the county of Decatur; the Crawlordville Academy, in
the county of Taliaferro; and the Starkville Academy, in
the county of Lee, and appoint Trustees for the same.
278
JOURNAL OF THE
The substitute was received.
The Report of the Committee, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to incorporate Generous Warren
Lodge, No. 24, of Free and Accepted Masons, in the town
of Monroe, in Walton county,
For which the Select Committee on Corporations offered
the following as a substitute :
"A Bill to incorporate Fraternal Lodge No. 37, of Free
and Accepted Masons, at McDonough; Pinta Lodge, No.
—, of Free and Accepted Masons, at Barnesville; and
Generous Warren Lodge, No. 24, of Free and Accepted
Masons, at Monroe.
The substitute was received.
The Report of the Committee, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to repeal an Act approved 19th De¬
cember, 1849, entitled an Act to repeal ail laws respecting
the importation of slaves into this State, and to give cer¬
tain powers to municipal corporations in relation to slates."
Mr. McCune moved to refer the same to the Committee
on the Judiciary.
Which was lost.
Mr. McCune moved to make it the special Order for
Thursday the 25th instant.
On which motion the yeas and nays were required to be
recorded, and are, yeas 11, nays 27.
Those whe voted in the affirmative, are Messrs.
Beavers, Coffee, McCune,
Butler, Connelly, Ross,
P. M. Byrd, Day, Wellborn.
Chappell, Harman,
Those who voted in the negative, are Messrs.
Anderson, Griggs, Mosely,
Bethune, Hardeman, Reed
Burks, ^ Harris, Simmons,
John L. Bird, Hicks, Slaughter,
Gone, Knight, Stroud,
Crocker, Lawson, Walthour
Flewellen, Little, Watters '
Flournoy, McRae, Wilcox '
Foster, Moore, Wolfe*'
So the motion was lost.
SENATE.
279
And on reading the first section, as follows :
Be it enacted, That from and after the passage of this
Act, the Act of this State, approved December 19th, 1849,
entitled an Act to repeal all laws respecting the importa¬
tion of slaves into this State, and to give certain powers to
municipal corporations in relation to slaves, be and the
same are hereby repealed.
Mr. Flournoy moved to amend by inserting between the
words " of this," and the words " Act of," the words " first
section of an"
Which was agreed to.
The Beport of the Committee, as amended, was agreed
to.
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 31, nays 7.
Those who voted in the affirmative, are Messrs.
Anderson, Flournoy, Mosely,
Beavers, Foster, Beed,
Bethune, Griggs, Boss,
Burks, Hardeman, Simmons,
Butler, Hicks, Slaughter,^
John L. Bird, Knight, Spalding,
Cone, Lawson, Stroud,
Connelly, Little, Walthour,
Crocker, McBae, Watters,
Day, Moore, Willcox.
Flewellen,
Those who voted in the negative, are Messrs.
Philip M. Byrd, Hams, Wellborn,
Coffee, McCune, Wolfe.
Harman,
So the Bill was passed.
The Senate took up, as the Beport of the Committee of
the Whole, the Bill to be entitled an Act to alter and
amend the road laws, so far as they refer to Mcintosh
-county.
The Beport was agreed to.
The Bill was read the third time and passed.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled and ready for the signature of the
President of the Senate,
An Act to lay out and organize a new'county from parts
280 JOTJBNAL OF THE
of the comities of Paulding and Floyd, attach the same to
a Senatorial, Judicial, and Congressional District, and to
attach a portion of Cobb county to the county of Paulding,
and to provide for the location of a county site in such new
county, and also in the county of Paulding.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to authorize his Excellency the Gov¬
ernor to cause to be corrected errors in the Transcription
of Grants in the office of Secretary of State upon certain
conditions therein named.
The Report was agreed toJ
The Bill was read the third time and passed.
Mr. McCune made the following Report:
Mk. Pbksident :—The Special Committee, to whom was
referred the petition of sundry citizens of the county of
Monroe, praying to be annexed to the county of Butts, heg
leave to report that they have had the same under con¬
sideration, and upon enquiring find that a large majority
of the people of Butts county are opposed to the aforesaid
annexation, as well as a very large majority of the people
of Monroe county. They have also ascertained that the
people who proposed to be added to Butts county will
suffer no very great inconvenience by remaining in Mon¬
roe county, the distance they will have to travel now not
being greater than it will be if added to Butts county. A
majority of the committee therefore report adversely to
the prayer of the petitioners.
All of which is respectfully submitted.
The Senate took up, as the Report of the Committee of
the Whole, the bill to prevent evading the payment of Tolls
on Plank Roads in the State of Georgia.
And on reading the first section as follows :
Be it enacted, That if any owner, carrier or other per¬
son in charge of any vehicle, live stock, or other thing or
things, shall pass by any toll-gate or other place appointed
for taking tolls on any Plank Road in the State of Geor¬
gia, without paying to said Plank Road Companies the
tolls established by authority of law, that in every such
Case the person or persons so offending shall forfeit and
pay to such Plank Road Company triple the usual tolls,
which may be collected by the President of said Company,
or any one authorized to collect tolls, by attaching the
property of such person or persons before any court having
jurisdiction of the same; Provided, that the defendant or
defendants shall have the right to replevy said property to
make special defence under the same regulations as is
usual in attachment cases in this State.
Mr. Harman moved to amend by inserting the words
" due to said companies," after the words " the tolls."
Which was agreed to.
senate. 281
Mr. Harman moved further to amend, "by striking out
the word " triple," and insert the word " double."
Which was lost.
Mr. MeCune moved to amend by adding the following
proviso:
" Provided there is some one at the toll-gates to receive
the tolls."
Which was agreed to.
The report as amended was agreed to.
The Bill was resfd the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to more effectually prevent the furnish¬
ing of intoxicating liquors to, and the use of the same by
slaves.
Which, on motion of Mr. J. L. Bird, was referred to the
Committee on the Judiciary.
Mr. Spalding reported a bill to grant exemptions to
Cavalry Corps, and for the formation of Squadrons of
Cavalry.
Which was read the first time.
Mr. Knight reported a bill to repeal an Act passed 26th
day of December, 1837, consolidating the Academic and
Common School Funds of the State of Georgia, and all
subsequent acts in relation thereto, so far as relates to the
county of Lowndes, and for other purposes.
Which was read the first time.
On motion, the Senate adjourned until 3 o'clock, P. M.
Thbee o'clock, P. M.
The Senate met pursuant to adjournment.
On motion of Mr. Harman, the Regular Order was sus¬
pended, and
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole :
A Bill to revive and continue in force an Act to make
permanent the public buildings in the county of Walker,
at the town of Chattooga, to incorporate said town, and
appoint Commissioners for the same, assented to the 22d
day of December, 1835; and also to define the corporate
limits of said town of Chattooga now Lafayette, in the
said county of Walker.
Also, a Bill to amend an Act to incorporate the town of
Americus, in the county of Sumter, assented to December
22d, 1832.
The following Bills were taken up, read the second time,
and referred to the Committee on the Judiciary \
282
journal of the
A Bill to carry into effect the sixth section of the third
article of the Constitution of this State, by defining the
powers and duties of the" Ordinary in the several counties
in this State, and of Executors, Administrators and Guar¬
dians.
Also, a Bill to define the mode of examining witnesses
in any courts of this State.
The following Resolution of the House of Representa¬
tives was taken up and read:
"Whereas, There exists grtat diversify of opinion in the
State as to the propriety of maintaining the lien of Judg¬
ments on property that has passed from the possession of
the defendant or defendants in verdict or judgment, by a
bona fids sale.
And whereas, It is a just and proper republican prin¬
ciple to carry into effect the will of the people, the true
source of all just power.
Be it therefore Re-solved by the' Senate and House of
Representatives of the State of Georgia in General As¬
sembly met, That in order to ascertain whether or not the
people of Georgia desire to retain this feature in their
judiciary system, they are requested to endorse upon their
tickets at the general election, the first Monday in Octo¬
ber, 1853, " Lien " or " Ho Lien.?'
Mr. Anderson moved to postpone the same indefinitely.
On which motion the yeas and nays were required to be
recorded, and are—yeas 28, nays 3.
Those who voted in the affirmative, are Messrs.
Anderson, Flournoy, Reed,
Burks, Foster, Ross,
John L. Bird, Hardeman, Simmons,
Philip M. Byrd, Harman, Slaughter,
Chappell, Hicks, Stroud,
Cone, Knight, W althour,
Crocker, McKae, W atters,
Day, Moore, Willcox,
Farris, Mosely, Wolfe.
Flewellen,
Those who voted in the negative, are Messrs.
Coffee, Tumlin, Wellborn.
So the motion prevailed.
The following Bills of the House of Representatives
were taken up, read the second time, and referred to the
Committee of the Whole :
SENATE.
233
A Bill to add a part of tlie counties of Murray and Floyd
to the county of Gordon, and to add a part of the county
of Randolph to the county of Stewart. ,
Also, a Bill to make permanent the public site in the
county of Lee, at Starkville, and to incorporate the same;
to designate the corporate limits thereof, to appoint com¬
missioners for the same, and to define their powers.
Also, a Bill to change the name of the " Relief Society of
the Georgia Annual Conference of the Methodist Episco¬
pal Church South," to that of " The Preacher's Aid So¬
ciety of the Georgia Conference."
Also, a Bill to incorporate and appoint Trustees to the
"Washington county Female Institute.
Also, a Bill compelling Justices of the Peace of 1030th
district of Ware county, to hold Justices Court at a place
hereinafter named.
Also, a Bill to authorize the Ordinary of Upson county, to
grant letters of administration on the undivided estate of
Allen McWalker, late of Upson county, deceased, and on
certain conditions.
A Bill to authorize the Judge of the Superior Courts
of the county of Macon, to draw two panels of Grand, and
two panels of Petit Jurors, also to require the Justices of
the Inferior Court of said county, or a majority of them,
to meet at their Court-house on the first Monday in Feb¬
ruary next, to draw an additional panel of Grand and
Petit Jurors to serve at the next term of said Superior
Court, and to authorize the Judge of the Superior Court of
Floyd county, to draw three panels of Grand and Petit
Jurors, to serve one week each.
Also, a Bill to establish election precincts at the places of
holding Justices Courts in the counties of Gwinnett, Cass,
Gordon, Forsyth, Clinch, Murray, Scriven, Bullock, Craw¬
ford, Pike, Spalding, Emanuel and Jones.
Also, a Bill to change the line between the counties of
Telfair and Appling.
Also, a Bill to provide for the election of all the Judges of'
the Superior Courts by the free white people of th'e State
of Georgia, and for other purposes therein named.
Also, a Bill to change the line between the counties of
Ware and Wayne, so as to define the same.
Also, a Bill to add so much of the second district of origi¬
nally Muscogee, as is included within the county of Ma¬
rion, to the county of Macon.
Also, a Bill to incorporate the town of Antioch in Troup
county, and to provide for the election of Intendant and
Commissioners for the same, and to define their powers,
and for other purposes therein mentioned.
Also, a Bill to authorize the Ordinary of Upson county, to
grant temporary letters,' to collect the estates of James
284 journal of the
High tower, deceased, late of Upson county, and take care
of the same, pending an appeal, on certain conditions.
Also, a Bill to add a part of the county of Jackson to the
county of Madison, so far as to include the residence of
William Sanders.
Also, a Bill to change the name of the LaGrange Female
Institute, and for other purposes therein named.
Also, a Bill to change the boundary line of the county of
Thomas, so far as to add lot of land number 110, in the 10th
district of Baker county, adjoining the present line of the
county of Thomas, to the county of Thomas, and other
counties therein named.
Also, a Bill to reduce the Sheriffs Bond of Clinch
county.
The Bill of the House of Representatives to exempt
from pilotage oyer the bar and river Savannah, in the
county of Chatham, all steam vessels carrying a mail of
the United States, and plying between the State of Georgia
and the States of South Carolina and Florida.
Was taken up, read the second time; and,
On motion of Mr. Anderson, postponed indefinitely.
The following Bills of the House of Representatives
were taken up and read the first time:
A Bill for the government of the Western and Atlantic
Railroad.
On motion of Mr. Slaughter, fifty copies were ordered
to be printed for the use of the Senate.
Also, a Bill to amend the second section of an Act to
empower the Inferior Courts of the several counties in this
State to order the laying out of public roads, and to order
the building and keeping in repair public bridges, ap¬
proved December the 4th, 1799.
Also, a Bill to appropriate money for the improvement
of the navigation of the Coosa River between Rome and
the boundary line between the States of Georgia and Ala¬
bama, and to appoint Commissioners for that purpose.
The following Message was received from his Excel¬
lency the Governor by Mr. Paine, his Secretary :
Mr. President :—The Governor has approved and signed
the following Acts:
An Act to lay off and organize a new county from the
counties of Pike, Henry and Fayette.
An Act to grant certain privileges to the Chatham Ar¬
tillery, and certain Corps therein named :
Which have been deposited in the office of the Secretary
of State.
Leave of absence was granted to Mr. Foster from Wed¬
nesday next until Monday morning.
Mr. Saughter reported a Bill to appoint the time of
holding the Superior Courts in the Blue Ridge Circuit of
senate.
285
this State, and to legalize and make valid all writs, execu¬
tions and other processes made returnable to the Superior
Courts of the several counties in said Circuit at the times
at which said Courts have heretofore been held, and for
other purposes.
On motion, the Senate adjourned until half-past nine
o'clock Monday morning.
MONDAY, Dec. 22,1851.
The Senate met pursuant to adjournment.
Mr. Burks reported a bill to relieve Robert H. Dixon of
Talbot county from the operation and effect of an Act en¬
titled an Act to regulate the returns of Executors, Admin¬
istrators and Guardians, approved 22d February, 1850, so
as to prevent a forfeiture of his commissions as Adminis¬
trator of the estate of H. Bideall.
"Which was read the first time.
Mr. Lawson reported a bill to incorporate the Hender¬
son and Marthasville Plank Road and Turnpike Com¬
pany.
Which was read the first time.
Mr. Harris reported a bill to prohibit fire hunting and
camp hunting in the counties of Baker, Dooly, Irwin,
Thomas and Telfair.
Which was read the first time.
Mr. Wellborn reported a bill to levy and collect a tax
for the building of a Jail in the County of Union.
Which was read the first time.
The following Message was received from his Excel¬
lency, the Governor by Mr. Paine, his Secretary :
Mb. President : The Governor has approved and signed
the following Act:
To lay out and organize a new county from parts of the
counties of Paulding and Floyd, and attach the same to a
Senatorial, Judicial and Congressional District, and to^ at¬
tach a portion of Cobb county to the county of Paulding,
and to provide for the location of a county site in such
new county, and also in the county of Paulding.
Which has been deposited in the office of Secretary of
State.
The Senate took up, as the Report of the Committee of
the Whole, the bill to amend an Act to incorporate the
town of Americus in the county of Sumter, assented to
December 22d, 1832.
The Report was agreed to.
The Bill was read the third time and passed.
2S6
journal of the
The Senate took up, as the Report of the Committee of
the Whole, the bill to revive and continue in force an Act.
to make permanent the public buildings in the county of
Walker, at the town of Chattooga, to incorporate said town,
and appoint Commissioners for the same, assented to the
22d day of December, 1835, and also to define the corpo¬
rate limits ot said town of Chattooga now Lafayette, in
the said county of Walker.
The Report was agreed to.
The Bill was read the third time and passed.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk :
Mr. President: The House of Representatives have
passed the following Bills, to-wit:
A Bill for the relief of married women whose husbands
have deserted them.
A Bill to amend an Act entitled an Act to authorize the
guardians of Minors to receive, recover and remove from
the State of Georgia, property belonging to their wards,
or which they may be entitled, in cases where such Guar¬
dians and Minors both reside without the State, and to
prescribe the mode of doing the same, assented to Decem¬
ber 25th, 1837.
A Bill to amend an Act entitled an Act to authorize the
Governor to appoint fit and proper persons to sell and dis-
Eose of the undrawn lots in the Land Lotteries heretofore
ad in this State, and to limit the time for fractional pur¬
chasers to pay for and take .out their grants for fractions,
assented to December the 30th, 1817, so far as to give fur¬
ther time to the purchasers of said undrawn lots to pay
up and to take out their grants.
A Bill to define the amount and mode of the payment
of witnesses in all civil and criminal cases, so far as relates
to the counties of Decatur and Lumpkin.
A Bill to relieve and indemnify Seaborn Jones, &c.
A Bill to prohibit the sale of deadly weapons, and to
prescribe the manner of carrying the same, and to punish
for a violation of the same, and to repeal an Act to guard
and protect the citizens of this State against the unwar¬
rantable and too prevalent use of deadly weapons, assented
to the 25th December, 1837.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the Speaker of the
House of Representatives, ana ready for the signature of
the President of the Senate:
An Act to incorporate the Baptist Female College of
South-Western Georgia, and to incorporate the Albany
Male and Female College, and to confer certain privileges
upon the Trustees therein named.
An Act to repeal an Act enitled an Act to consolidate
SENATE. 287
the offices of Tax Collector and Receiver of Tax Returns
in the counties of Rabun, Camden, Irwin, Floyd, Scriven,
Paulding, "Wayne, Murray, Cherokee, Glynn, Telfair and
Laurens, So far as respects the county of Rabun.
An Act to repeal an Act entitled an Act to repeal an
Act entitled an Act to appoint County Treasurers, and de¬
fine their duties so far as relates to the counties of Troup,
Carroll, Crawford, Murray, Monroe, Montgomery, Pike,
Appling, Randolph, Warren, Fayette, Chatham, Cherokee
and Stewart, and to give to the people of said counties the
election of Treasurers, approved the 20th of December,
1849, so far as relates to the county of Troup.
Also, an Act to incorporate the Savannah Volunteer
Guards of the city of Savannah, and Republican Blues of
the city of Savannah.
The Senate took up, as the Report of the Committee of
the Whole, the reconsidered bill to prescribe conditions to
the issuing of Marriage License, and for other purposes.
And on reading the first section as follows:
Be it enacted, That from and after the first day of May
next, no person who, by thb laws now of force, or which
shall hereafter become of force in this State, is or shall be
authorized to issue Marriage License, shall issue a license
to authorize the joining in wedlock of any free white
female of this State who has not, at the time of such issu¬
ing of license, attained the age of twenty years, without
the written approval of the father if in life, compus men¬
tis, and not beyond seas, or the mother if the father be
dead, now compus, or beyond seas; Provided the mother
be compus mentis, and not beyond the seas ; or in case of
neither father or mother competent by this Act to give
such approval, the written approval of such person as at
the time of such stands towards such female in loco par
rentis.
Mr. Simmons moved to strike out " twenty," and .insert
in lieu thereof " sixteen."
The question was divided, and the motion to * strike out
was agreed to.
Mr. Reed moved to postpone the Bill indefinitely.
On which motion the yeas and nays were required to
he recorded, and are—yeas 14, nays 22.
Those who voted in the affirmative, are Messrs.
Bryan, Cone, Reed,
Burks, Harris, Ross,
Butler, Little, Slaughter,
John L. Burl) Moore, Walthour.
Philip M. Byrd, Mosely,
2S8 JOURNAL OF THE
Those who voted in the negative, are Messrs.
Anderson, Foster, Simmons,
Bethune, Hardeman, Stroud,
Chappell, Harman, Tumlin,
Coffee, Hicks, Watters,
Crocker, Knight, "Wellborn,
Hay, Lawson, Wilcox,
Flewellen, McRae, W olfe.
Flournoy,
So the motion was lost.
Mr. Wellborn moved to insert " eighteen."
Which was lost.
Mr. Anderson moved to insert " seventeen."
Which was lost.
Mr. Harman moved to insert " sixteen."
Which was agreed to.
Mr. Mosely moved to amend by adding:
" jProvided the provisions of this Act shall only apply
to females attending school."
Which was agreed to.
And on reading the second section as follows :
Be it further enacted, That if any person shall violate
the first section of this Act, he or she shall be guilty of a
misdemeanor, and 011 conviction shall be sentenced to hard
labor in the Penitentiary of this State, or such other place
as the Governor may direct, for any time not exceding
five, nor less than one year.
Mr. Harman moved to amend by striking out all after the
word " conviction," and insert in liep thereof the words,
" shall be subject to fine or imprisonment, or both at the
•discretion of the court."
The question was divided.
The motion to strike out was agreed to.
The motion to insert was agreed to.
On reading the third section as follows:
Be it further enacted, That where doubt exists as to the
age of any female to marry whom license is applied for,
the affidavit of at least one credible witness shall be re¬
quired, and no, person shall be protected from the penal¬
ties of this Act upon the plea of surprise or ignorance,
who has not required such affidavit before issuing license.
Mr. Reed moved to strike out the whole section.
Mr. Herman moved to amend by inserting before the
word " female " the word " such."
Which was agreed to. %
Mr. Reed moved to amend by striking out the word
SENATE.
289
affidavit," and insert in lien thereof the word " certifi¬
cate."
"Which was agreed to.
The question recurred on striking out the whole section.
Which was lost.
And on reading the fourth section,
Mr. Harman moved to amend by striking out all in re¬
lation " to imprisonment in the Penitentiary," and insert
in lieu thereof the following: " shall be subject to fine or
imprisonment, or both, at the discretion of the court."
Which was agreed to.
On reading the fifth section as follows:
Be it further enacted, That if any person who now is,
•or who may hereafter be qualified by the laws of this State
to perform the marriage ceremony, shall unite any couple
in the bonds of wedlock without a license to do so from
such person as by law at that time is authorized to issue
such license, such person so offending shall be guilty of a
misdemeanor, and on conviction shall be sentenced to
hard labor in the Penitentiary of this State, or such other
place as the Governor may direct, for any time not less
than one, or longer than five years.
Mr. Harman moved to amend by striking out all after
the word " conviction," and insert in lieu thereof the words
" shall be subject to fine or imprisonment, or both, at the
•discretion of the court."
Which was agreed to.
Mr. Mosely moved to amend by inserting after the word
■" wedlock " the word " knowingly."
Which was agreed to.
Mr. Moore moved to amend by adding the following
•as an additional section :
|?" Be it further enacted, dec. That if any man shall hereafter
permit himself to be married to any female in this State
under the age of sixteen years, without first obtaining the
written approval of the father or mother or guardian of
such female, if campus mentis, and not beyond seas, such
person shall, be guilty of a misdemeanor, and on convic¬
tion shall be fined or imprisoned, or both, at the discretion
of the court; Provided such female, at the time of said
marriage, is a pupil in any Female Seminary in this State.
Mr. John L. Bird moved to amend the amendment by
•striking out all after the words " beyond seas," and insert
in lieu thereof the following :
" The marriage shall be null and void, and the wife
shall be taken from the husband, and they shall never
after live together as man and wife."
Which was lost.
The question recurring upon receiving the amendment
of Mr. Alfcore, the motion was lost.
19
290 JOURNAL OF THE
Mr. Harman moved to amend by adding tbe following
as an additional section :
And le it further enacted, That all fines imposed by
virtue of this Act shall, when collected, be paid over to
the County Treasurer of the county where the offence was
committed, for the use of the Poor School Fund of the
county.
Which was agreed to.
The Report of the Committee, as amended, was agreed
ti.
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
IT, nays 17.
Those who voted in the affirmative, are Messrs.
Anderson, Flewellen, Simmons,
Bethune, Foster, Stroud,
Burks, Hardeman, Tumlin,
Coffee, Harman, Watters,
Crocker, Hicks, Wolfe.
Hay, Lawson,
Those who voted in the negative, are Messrs.
Bryan, Flournoy, Reed,
Butler, Harris, Slaughter,
John L. Bird, Little, Walthour,
Philip M. Byrd, McRae, Wellborn,
Chappell, Moore, Wilcox.
Cone, Mosely,
The President voting in the affirmative, the bill was
passed.
The Senate took up the reconsidered bill amendatory of
vthe Statute of Limitations.
And on the question, " shall this Bill now pass ?" the
yeas and nays were required to be recorded, and are, yeas
22, nays 14.
Those who voted in the affirmative, are Messrs.
Anderson, Harman, Ross,
Bethune, Hicks, Simmons,
Coffee, Lawson, Slaughter,
Crocker, Little, Tumlin,
Hay, Moore, Walthour,
Flewellen, Mosely, Watters,
Flournoy, Reed, Wolfe.
Foster,
SENATE. 291
Those who voted in the negative, are Messrs.
Bryan, Chappell, McRae,
Bnrks, Cone, Stroud,
Butler^ Hardeman, Wellborn,
John L. Bird, Harris, Wilcox.
Philip M. Byrd, Knight,
So the Bill was passed.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole :
A Bill to authorize and require the citizens of Spalding
and Polk counties to pay their taxes in said counties.
Also, a Bill to encourage the organization of Volunteer
Corps in the several counties of this State.
Also, a Bill to appoint the time of holding the Superior
Courts in the Blue Ridge Circuit of this State, and to
legalize and make valid all writs, executions and other
processes made returnable to the Superior Courts of the
several counties in said Circuit, at the time at which said
Courts have heretofore been held, and for other purposes.
Also, a Bill to repeal an Act passed 26th day of Decem¬
ber, 1837, consolidating the Academy and Common School
Punds of the State of Georgia, and all subsequent Acts in
relation thereto, so far as relates to the county of Lowndes,
and for other purposes.
Also, a Bill to prescribe certain rules and regulations to
be observed by the several Railroad Companies in running
engines upon their respective tracks, and to annex a pen¬
alty for the violation of the same.
Also, a Bill to grant exemptions to Cavalry Corps, and
for the formation of Squadrons of Cavalry.
Also, a Bill to authorize the Inferior Court of Lee,county
to build a Court House and Jail at Starkville, the present
county site of said county, and to authorize said Court to
levy and have collected an extra tax of not exceeding one
hundred per cent on the State tax for that purpose, for the
years 1852 and 1853.
Also, a Bill to add parts of the county of Pike to the
county of Spalding.
Also, a Bill to alter and amend an Act entitled an Act
to incorporate the Hew York and Savannah Steam navi¬
gation Company.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives,
to authorize the Judge of the Superior Courts of the
of the county of Macon to draw two panels of Grand and
two panels of Petit Jurors, also, to require the Justices of
the Inferior_ Court ..of said_count_y, or a majority of them,
292
JOURNAL OF THE
to meet at their Court House on the first Monday in Feb¬
ruary next to draw an additional panel of Grand and Petit
Jurors to serve at the next term of said Superior Court, and
to authorize the Judge of the Superior Court of Floyd coun¬
ty to draw three panels of Grand and Petit Jurors to serve
one week each.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to change the line between the counties
of Telfair and Appling, so as to include the residence of
Washington Kelson of the county of Telfair, to the county
of Appling.
Mr. Wilcox moved to amend by adding the following as
an additional section :
Be it further enacted, That thee ounty lines be so altered
so as to include the residence of John B. Coffee and Peter
Coffee of the county of Pulaski, in the county of Telfair.
Mr. Harman moved to amend by adding the following
as an additional sction:
And also, to change the county line between the counties
of Monroe and Spalding, so as to include lots of land num¬
bers 137 and 138, in the third district of Monroe^ounty in
the county of Spalding, and to change the county lines be¬
tween thd counties of Butts and Spalding, so as to include
lot of land number 139, in the third district of Butts, in the
county of Spalding.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to au¬
thorize the Ordinary of Upson county to grant temporary
letters to collect the estate of James Hightower, deceased,
late of Upson county, and take care of the same pending
an appeal on certain conditions.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representative to es¬
tablish election precincts at the places of holding Justices'
Courts in the counties of Gwinnett, Cass, Gordon, Forsyth,
Clinch, Murray, Scriven, Bullock, Crawford, Pike, Spald¬
ing, Emanuel and Jones.
Mr. Tumlin moved to amend by adding the county of
"Polk."
Which was agreed to.
On motion, the bill was laid on the table for the present.
The Senate took up as the Report of the Cmnmittee of
the Whole, the bill of the House of Representatives to add
SENATE.
293
so much of the second district of originally Muscogee as
is included within the county of Macon.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the hill of the House of Representatives to
change the name of the "Relief Society of the Georgia An¬
nual Conference of the Methodist Episcopal Church South,"
to'that of the "Preachers' Aid Society of the Georgia Con¬
ference."
Mr. Anderson moved to amend by adding the following
as an additional section:
And be it further enacted, That the Church Wardens
aad Vestrymen of St. Paul's Church in Augusta, be and
they are hereby authorized to sell and convey the portion
of their lot in Augusta authorized to be sold by the Act
passed on the 23d of December, 1826, without reference to
the proviso contained in said Act.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives com¬
pelling Justices of the Peace of the 1030th district of Ware
county to hold Justices' Court at the place hereinafter
named. The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives to
change the line between the counties of Ware and Wayne
so as to define the same.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to make permanent the public site in
the county of Lee, at Starkville, and to incorporate the same,
to designate the corporate limits thereof, to appoint com¬
missioners for the same, and to define their powers.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of the
Whole, the bill of the House of Representatives to add a
part of the county of Jackson to the county of Madison, so
as to include the residence ot William Saunders.
,The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee
of the Whole, the bill of the House of Representatives to
reduce the Sheriff's bond of Clinch county.
The Report was agreed to.
294: JOURNAL OF THE
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
change the name of the LaGrange Femalelnstitute, and for
other purposes therein named.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives, to au¬
thorize the Ordinary of Upson county to grant letters of
administration on the undivided estate of Allen McWalker,
late of Upson county deceased, and on certain conditions.
The Report was agreed to.
The Bill read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives to in¬
corporate and appoint Trustees to the Washington county
Female Institute.
The Report was agreed to.
The Bill was read the third time and passed. -
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives to pro¬
vide for the election of Judges of the Superior-Courts by
the free white people of the State of Georgia, and for other
purposes therein named.
Which on motion of Mr. Simmons, was referred to the
Committee on the Judiciary.
The Senate took up, as the Report of the Committee of
the Whole, the Bill of the House of Reresentatives, to
change the boundary line of the county of Thomas, so as to
add lot of land number 110, in the 10th district' of Baker
county, adjoining the present line of the county of Thomas
to the county of Thomas, and other counties therein named.
1 And on reading the second section, as follows:
And be it further enacted, That lots number 525 and
526, in the 12th district of Lowndes county, adjoining the
line of Thomas county, be and the same is hereby added
to and made a part of the county of Thomas.
Mr. Ivnight moved to amend by striking out the whole
of the section.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and j>assed.
On motion the Senate adjourned until 3 o'clock, P. M.
senate.
295
Three o'Clock, P. M.
The Senate met pursuant to adjournment.
Mr. Moore, from the select Committee on New Counties
made the following Report:
Mr. President : The Select Committee on New Coun¬
ties, to whom was referred a hill to be entitled an Act to
lay out and form a new county out of the county of Murray
and to organize the same, and also a bill to be entitled an
Act to lay out and form a new county from the counties of
"Walker and Murray, and to provide for the organization of
the same, have had said bills under consideration, and di¬
rect me to report the same back to the Senate without any
expression of the committee, of approval or disapproval of
either of said bills.
The Committee have also had under consideration a bill
to be entitled an Act to lay off and form a new county out
of the counties of Carroll, Campbell, Paulding and Cobb,
to be called the county of El Dorado, and to locate the site
thereof, and to provide for the election of members of the
Legislature and county officers, and to define the time of
holding the Superior and Inferior Courts of said county,
and unanimously report against the passage of said bill.
All of which is respectfully submitted.
The following bills of the House of Representatives were
taken up and read the second time and referred to the
Committee of the Whole :
A Bill to amend the second section of an Act entitled
an Act to empower the Inferior Courts of the several
counties in this State to order the laying out of public roads,
and to order the building and keeping in repair public
bridges, approved December Ith, 1799.
Also, a Bill to appropriate money for the improvement
of the navigation of the Coosa river, between Rome and the
boundary line between the States of Georgia and Alabama,
and to appoint commissioners for that purpose.
The Bill of the House of Representatives for the govern¬
ment and management of the Western and Atlantic Rail¬
road, was taken up and read the second time, and on mo¬
tion of Mr. Anderson, referred to the Committee on Inter¬
nal Improvement.
The following bills of the House of Representatives were
taken up and read the first time :
A Bill to relieve and indemnify Seaborn Jones, &c.
Also, a Bill for the relief of married women whose hus¬
bands have deserted them.
Also, a Bill to amend an Act entitled an Act to author¬
ize the Gpvernor to appoint fit and proper persons to sell
296
journal of the
and dispose of the undrawn lots in the land lotteries hereto¬
fore had in this state, and to limit the time for Fraction
purchasers to pay for and take out their Grants for
Fractions," assented to December the 30th, 1847, so far as
to give farther time to purchasers of said undrawn lots to
pay up and to take out their grants.
Also, a Bill to define the amount and mode of the pay¬
ment of witnesses in all civil and criminal cases, so far as
relates to the counties of Decatur and Lumpkin.
Also, a Bill to amend an Act entitled an Act to authorize
the guardians of minors to receive, recover and remove from
the State of Georgia, property belonging to their wards,
or which they may be entitled, in cases where such Guar¬
dians and Minors both reside without the State, and to
prescribe the mode of doing the same, assented to Decem¬
ber 25th, 1837.
Also, a Bill to prohibit the sale of deadly weapons and
to prescribe the manner of carrying the same, and to pun¬
ish for a violation of the same, and to repeal an Act enti¬
tled an Act to guard and protect the the" citizens of this
State, against the unwarrantable and too prevalent use of
deadly weapons, assented to the 25th of December, 1837.
On motion the Senate adjourned until half past 9 o'clock
to-morrow morning.
TUESDAY, December 23d, 1851.
The Senate met pursuant to adjournment.
Mr. Foster, from the Committee on the Judiciary, made
the following Report:
Mr. President : The Committee on the Judiciary have
had under their consideration, a Bill to be entitled an Act
to fix and define the force of recorded copies of lost deeds,
in certain cases, and direct me to report unfavorably of
the same.
Also, a Bill to be entitled an Act to define the mode of
examining witnesses in any of the Courts of this State, and
direct me to report unfavorably of the same.
Also, a House Bill, entitled an Act to amend the At¬
tachment Laws of this State, and recommend the same to
be amended, and to the favorable consideration of the
Senate.
All which is most respectfully submitted.
Mr. Harman made the following Report:
Mr. President : I am directed by the Select Commit¬
tee on Incorporations, to whom was referred the Bill to in-
senate.
297
corporate tlie Lawrenceville Manufacturing Company, and
also the Bill to incorporate the Griffin Collegiate Semina¬
ry for young Ladies, to report the same hack to the Senate,
and ask for them the favorable consideration of the Senate.
And to whom was also referred the Bill to incorporate
the Indian Spring Railroad Company, with the second
section amended by adding the words " between Forsyth
and the city of Griffin," and by adding the following clause
after the word "passed," and " with full authority to re¬
ceive and take the right of way for said Railroad, of like
width, and under the same restriction and liabilities as are
prescribed in said Acts, or either of them, or the Act in¬
corporating' the Monroe Railroad and Banking Company
—Banking privileges alone excepted; and to whom was
also referred the Bill to incorporate the Lawrenceville
Railroad Company, to report back the same, with the se¬
cond section amended by adding the words " or any inter¬
mediate point," after the word Atlanta, and by adding the
words, " and exemptions from taxation," after the words
Banking power.
All of which is respectfully submitted.
Mr. Bethune made the following Report:
Mr. President : The Committee on Finance, to whom
was referred the memorial of the Planters Bank of the
State of Georgia, urging the settlement of their claims
against the Bank of Darien, have had the same under con¬
sideration. In directing their attention to the subject re¬
ferred to in this memorial, your Committee have deemed
it not without the line of their duty, in justice to other
creditors of the Bank of Darien, to endeavor, if practica¬
ble, to suggest some plan upon which to settle finally this
unfortunate affair, with justice to all the creditors, as well
as to the State.
In the organization of the Bank, the State subscribed for
stock to the amount of $325,000 ; individuals to the amount
of $326,000. In conducting the business of the Bank, in¬
dividual stockholders becoming debtors of the Bank, trans¬
ferred their stock to the institution in settlement of their
indebtedness, to the amount of $231,805 ; virtually reduc¬
ing the capital stock to' $419,195. By this operation, the
State, owning originallv $325,000, became a stockholder
to the extent of 7-10ths of the stock. Of the propriety of
this transaction, it is unnecessary for your Committee now
to speak ; but as the State, at the time of its occurrence,
was represented by half the number of Directors allowed
to the Bank, and subsequently (in 1834) determined to
take to herself the privilege of appointing seven Directors
instead of five, (a ratification virtually of the transaction,)
it is the opinion of your Committee that the State is bound
in good faith for the redemption of seven-tenths of the
298 JOURNAL OF THE
bills of the Bank which are in circulation, in good faith.
There are claims presented by holders of bills to the
sum of $93,000.
Of this sum the Central Bank holds $5d,180
I. L. Harris, agent Palmer, Mahilop & Co. 13,690
J. L. Holford, Hew York, IT,300
$85,170
The two sums last named are supposed to be part of the
bills put in circulation in what is known as the " Dela-
field transaction." Considering that transaction between
the Bank of Darien and the Hew York Banking Company
as not warranted (indeed expressly prohibited) by the
terms of the charter, and believing the bills thrown into
circulation unauthorized, your Committee concur with the
Director of the Central Bank in the opinion that " they
should not be redeemed," until their holders prove that
they are bona fide entitled to payment. Of the certificates
of deposite, one for the sum of $9,672 37 is held by L. J.
Gartrell, as agent. As this claim has been rejected by
the Courts in the settlement with J. R. Anderson, late
agent, or his securities, your Committee are not prepared
to recognize it as entitled to payment. The other claims
on certificates, your Committee think should be placed on
an equal footing with bill holders upon the claims held
under judgments, your Committee have been somewhat
at a loss in the expression of an opinion. That they should
be placed upon as favorable ground as bill holders, so far
as seven-tenths of their principle claim is concerned, your
Committee have no hesitancy in believing. The question
with your Committee is whether, under the circumstances
as they find them to exist, should not the State prop>ose to
pay to them the amount of their principal claim.
By a correspondence between the Director of the Cen¬
tral Bank and the judgment creditors, it will be seen that
those creditors, at the request of the Director, consented to
release their lien (held by virtue of their judgments) upon
the property of the Darien Bank, in order to allow the Di¬
rector to dispose of the same to the best advantage for all
the creditors, as well as the State. By exposing to sale
this property under their judgments, those creditors might
from the process of the sale, have collected the whole or
part of the interest due on their judgments. Having thus
appropriated the proceeds of such sale to the payment of
interest, their claim upon the principal debt would then
have been on the same footing with the other creditors.—
Attached hereto is a schedule of the claims presented, in
answer to a call published by the Director of the Central
Bank. As considerable time has elapsed since the call of
SENATE. 299
the Director, it is reasonable to presume that the claims
are all presented, and that injustice will be done to none
by proposing a final settlement of the whole matter.
CLAIMS UNDER JUDGMENT.
In favor of Principal. Interest.
Bank of Georgia, $12,164 93 $10,722 54 $23,487 47
" Milledgeville, 852 45 716 04 1,568 49
" " 2,210 00 .1,492 30 3,702 30
Mechanics' Bank, 13,001 39 9,100 90 22,102 29
Insurance & Trust Co. 4,117 31 2,881 10 6,998 41
Planter's Bank, 28,395 00 23,851 80 52,246 80
William Robertson, 1,166 52 816 50 1,983 02
Michael Pendergast, 327 54 229 20 556 74
Bank Augusta, 13,602 00 11,425 68 25,027 68
$76,437 14 $61,236 06 $137,673 20
CLAIMS ON CERTIFICATES OF DEPOSITE.
In favor of Chapman & Ross, $1,200 00
Augusta Insurance and Banking Company, 3,550 00
D. B. Nichols, 965 00
W. B. Johnson & Bro. 200 00
Stephen Jones, • 100 00
W. Bird, 100 00
Bank Hamburg, 125 00
T. Metcalf, 3,080 00
Wright, Bull & Co. 8,750 70
L. J. Gartrell, agent, 9,672 37
$27,739 07
Claims of bill holders, $93,000
" account Bank Hawkinsville, 525 $93,525 00
Of this claim the Central Bank holds 54,180
" " I. L. Harris, agent, 13,690
" " J.L.Holford, is. York, 17,300 85,110 00
1,355 00
Recapitulation of amount proposed to pay
to judgment creditors, $76,437 14
Holders of certificates bona fide
claims, $18,066 70
Deduct three-tenths, 5,419 98 12,646 72
Bill holders claim 8,355 00
Deduct three-tenths, 2,506 50 5,848 50
From which deduct amount paid on claims
of Planters' Bank and Bank of the State
,932 36
300 JOURNAL OF THE
of Georgia,
2,721 61
$92,210 72
For the purpose of carrying out the suggestions made by
your Committee, and in the event that the General As¬
sembly concur in those suggestions, the Committee beg
leave to report the following Resolutions :
Resolved by the Senate and House of Representatives,
That in the opinion of this General Assembly, measures
should at once be adopted to settle in a manner honorable
to the State, and just to the creditors of the Bank of Dari-
en, the claims justly held against said Bank.
Resolved, That justice to bona fide claimants, and a due
regard for the good faith of Georgia, demands that credi¬
tors claiming upon bills of the Bank of Darien, put in cir¬
culation in good faith, should be paid seven-tenths of the
amount of the bills held by them; and that those claiming
upon bona fide certificates of deposite, and upon account,
should be paid in the same ratio upon the original amount
of their claim.
Resolved, That those claiming under judgments against
the said Bank of Darien, should be paid the amount of the
principal of their jndgments.
Mr. Moore, from the Select Committee, to whom was
referred the message of his Excellency the Governor, rela¬
tive to the amount collected, and the compensation allowed
Joseph Sturgis, Esq., agent for the State of Georgia to
prosecute the claims of the State against the General Gov¬
ernment for advances made for the suppression of Indian
hostilities in the years 1836, '37, and 1838, made the fol¬
lowing Report:
Mr. President : The Select Committee, to whom was
referred the messages of his Excellency the Governor, with
the accompanying documents, relative to the amounts col¬
lected and the compensation allowed Joseph Sturgis, Esq.,
agent for the State of Georgia, to prosecute the claims of
the State against the General Government for advances
made for the suppression of Indian hostilities in the years
1836, '37, and 1838, have investigated the same, and ask
leave to Report:
Your Committee concur fully with his Excellency the
Governor, in his construction of the contract between
Governor Towns and said Joseph Sturgis, Esq., fixing the
compensation of said Sturgis for prosecuting as agent for
the State, the claims above mentioned, viz: That said
agent was to receive as his full compensation for his ser¬
vices, an outfit of five hundred dollars, and ten per centum
upon the amount collected by him for the State. And
such being their construction of said contract, your Com¬
mittee are therefore decidedly of the* opinion, that the ac-
senate.
301
count of five hundred and eighty-two dollars and thirty-
seven cents, claimed by said Sturgis for expenses at the
second session of the last Congress, and for collecting tes¬
timony, and which account has recently been paid by his
Excellency the Governor, was improperly demanded, and
should not have been allowed and approved by Governor
Towns; but the same having been so allowed and approv¬
ed, and audited by the Comptroller General, before Gov¬
ernor Cobb came into office, your Committee cannot con¬
ceive how he could avoid the payment the payment there¬
of, although they are well satisfied, as before stated, that
said Joseph Sturgis was not entitled to the amount claim¬
ed in said account, or to any part thereof, and that he has
received for his services the sum of five hundred and eighty-
two dollars and thirty-seven cents, more than was stipula¬
ted to be allowed him by the contract before referred to.
It appearing from the message of his Excellency the
Governor upon this subject, that there is no evidence in
the Executive Department that Mr. Sturgis has ever re¬
ceived the five hundred dollars stipulated in said contract
as an outfit, your Committee deem it proper for the pur¬
pose of showing that he has long since received said outfit,
and that the same may be of record, to insert in this Re¬
port the following copy of an instrument in writing, the
original of which is in the possession of Mr. A. M. Nisbet,
Cashier of the Central Bank, to-wit:
Executive Department, }
Milledgeville, November 20th, 1849. j
By a Joint Resolution of the Legislature, I am directed
to appoint an Agent to prosecute Military Claims of the
State of Georgia at "Washington City; and as it is desira¬
ble that the agent repair without delay, and before any
appropriation is~made to defray the expense of said agent,
this is to show that as soon as the appropriation is made,
I will pay the holder of this five hundred dollars, the
same being the amount stipulated to be paid to the agent
appointed, upon the presentation of this, with the endorse¬
ment thereon of the Hon. Joseph Sturgis, said agent.
(Signed,) GEO. W. TOWNS, Governor.
(endorsement.)
" His Excellency, Geo. W. Towns, will please draw his
warrant in favor of A. M. Nisbet, Cashier of the Central
Batik, for the within, and oblige
JOSEPH STURGIS, Agent of Stated
Nov. 20th, 1849.
It therefore appears from the waiting, and the endorse¬
ment thereon of Mr. Sturgis, that he did, on the 20th day
of November, 1849, receive said outfit of five hundred
302 JOURNAL OF THE
dollars from the Central Bank—the Bank advancing the
same for the State until appropriation was provided by the
General Assembly.
The gross amount thus far recovered by Mr. Sturgis for
the State, as appears from his report to Governor Towns,
is seventy-two thousand nine hundred and fifty-five dollars
and twenty-four cents, ($72,955 24,) and for the Central
Bank, twenty-one thousand and forty-four dollars, ($21,0f4)
and has received for his services the sum of ten thousand
eight hundred and thirty-two dollars and twenty-nine cents ,
made up of the following items, to wit:
Outfit by the State in 1849, $500 00
Ten per cent, upon $72,955 24, 7,295 52
Account for expenses at 2d session
last Congress, 500 00
Collecting testimony. 82 37
$8,377 89
From the Central Bank, (outfit,) $350 00
10 per cent, commissions on $21,044, 2,104 40
2,454 fO
$10,832 29
Your Committee will close their Beport by recommend¬
ing to the Senate the passage of the following Besolution,
to-wit:
Resolved, That the claim by Joseph Sturgis, Esq., of
five hundred dollars for services at each session of Con¬
gress he may attend while prosecuting the military claims
of the State against the general Government, is not war¬
ranted by his contract with Gov. Towns, and that Gov.
Cobb, in giving said Sturgis notice that he would hereafter
allow him as a compensation nothing more than ten per
centum upon the amount he may in future recover, acted
in perfect conformity with said contract.
Mr. Anderson reported a bill to compel all agencies of
Banks of other States established in this State, to take out
a license to do business, and to pay into the Treasury a
lax therefor.
"Which was read the first time.
Mr. Crocker reported a bill to incorporate the Ogle¬
thorpe Bridge and Turnpike Company, and to punish those
who may wilfully injure the same.
Which was read the first time.
• The Senate took up, as the Beport of the Committee of
the Whole, the bill to define the mode of examining wit¬
nesses in any of the courts of this State.
The Beport was agreed to.
The Bill was read the third time and lost.
The Senate took ud. as the Benort of the Committee of
SENATE.
303
the Whole, the bill to fix and define the force of Record
Copies of lost Deeds in certain cases.
The Report was agreed to.
The Bill was read the third time and lost.
The Senate took up, as the Report of the Committee of
the Whole, the bill to repeal an Act passed 26th day of
December, 1837, consolidating the Academic and Common
School Funds of the State of Georgia, and all subsequent
Acts in relation thereto, so far as relates to the county of
Lowndes, and for other purposes.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to grant exemptions to Cavalry Corps,
and for the formation of squadrons of Cavalry.
On reading the first section as follows:
Be it enacted, That from and after the passage of this
Act, all members of Cavalry Corps in this State be and
they are hereby exempted from the performance of road
duty.
Mr. Reed moved to amend by striking out all of the
section.
On which 'motion, the yeas and nays were required to
be recorded, and are—yeas 11, nays 24.
Those who voted in the affirmative are Messrs.
P. M. Byrd, Little, Ross,
Coffee, McRae, Tomlinson,
Harman, Mosely, Tumlin.
Hicks, Reed,
Those who voted in the negative, are Messrs.
Anderson, Day, Simmons,
Bethune, Flournoy, Slaughter,
Bryan, Foster, Spalding,
Burks, Hardeman, Stroud,
Butler, Harris, Walthour,
John L. Bird, Knight, Wellborn,
Cone, Lawson, Wilcox,
Crocker, Moore, W olfe.
So the motion was lost.
Mr. Bethune moved to amend by adding the following
as an additional sction:
Be it further enacted, That the Volunteer Company of
Infantry now existing in the city of Milledgeville under
the name of " Baldwin Blues," be and the same is hereby
304
JOURNAL OF THE
incorporated and made a body politic under that name
and style, and that said Company is hereby vested with
all the privileges granted to the " Metropolitan Greys " in
an Act assented to on the 31st of December, 1838, entitled
an Act " to incorporate a Yolunteer Corps of Infantry in
the city of Mill edge ville, and grant to it certain privileges."
Provided that nothing in this Act shall be so construed
as to exempt the members of said corps from the perform¬
ance of jury dury.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to organize Yolunteer corps in the dif¬
ferent counties in this State.
And on reading the fourth section, as follows :
Sec. 4. Be it further enacted, That during the regular
service of any member in any such Yolunteer corps, he shall
be exempt from all road and jury duty ; Provided, nothing
in this Act shall be so construed as to apply to honorary
exempt or irregular members which such Yolunteer corps
by their by-laws or their rules may admit.
Mr. Reed moved to amend by striking out all in relation
to road duty.
Which was lost.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to appoint the time of holding the Su¬
perior Courts in the Blue Ridge Circuit of the State, and
to legalize and make valid all writs, exemptions and other
processes made returnable to the Superior Courts of the
several counties in said Circuit at the time at which said
Courts have heretofore been held, and for other purposes.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the bill to authorize and require the citizens of
Spalding and Polk counties to pay their taxes in said coun¬
ties.
On motion of Mr. Moore, the Report was indefinitely
postponed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to alter and amend an Act to incorpo¬
rate the New York and Savannah Steam Navigation Com¬
pany.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to prescribe certain rules and regdla-
SENATE.
305
tions to be observed by the several Railroad Companies in
running engines upon their respective tracks, and to annex
a penalty for the violation of the same.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the.Whole, the bill to authorize the Inferior Court of Lee
county to build a Court House and Jail at Starkville, the
present county site of said county, and to authorize said
Court to levy an extra tax of not exceeding .one hundred
per cent, on the State tax for that purpose, for the years
1852 and 1853.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to lay off and form a new county out of
the counties of Carroll, Campbell, Paulding and Cobb, to
be called the county of El Dorado, and to locate the site
thereof, and to provide for the election of members of the
Legislature and county officers, and to define the time of
holding the Superior and Inferior Courts of said county.
On motion of Mr. Flewellen, the Report was indefinitely
postponed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to alter and amend the several Acts
relative to the carrying of fire-arms by slaves.
. And on reading the first section, as follows :
Be it enacted, • That nothing in the several Acts passed
to prohibit slaves from carrying fire-arms shall be construed
to extend to a slave who carries a gun to hunt birds or other
wild game by his master's direction and for his use, or by
the direction of his mistress, or employer, or overseer, and
ipr her or his use, and that every person who shall seize
and take away a gun from a slave under the alleged au¬
thority of the said Acts, shall be bound to deliver the same
to a magistrate of the district, &c.
Mr. Mosely moved to amend by inserting the word
" written " after the Word " master's," and before the word
" direction."
Which was agreed to.
Mr. Cone moved to amend by inserting the words " ex¬
cept on his own land," after the word " Acts," and before
the word "shall." Which was agreed to.
■» Onmotion of Mr. Reed, the Report as amended was
postponed indefinitely
The Senate took up as the Report of the Committee of
the Whole, the bill to incorporate the Griffin Female Col¬
legiate Seminary for young ladies, and to appoint Trustees
for the same.
The Report was agreed to.
20
306
JOURNAL OF THE
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to incorporate the Lawrenceville Man¬
ufacturing Company*
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to incorporate the Lawrenceville Rail¬
road Company.
And on reading the second section, as follows :
Be it enacted, That said Company shall have power and
authority to survey, lay out, construct and build a Railroad
either from Covington, Social Circle, Lythonia, or Stone
Mountain, or Atlanta, on the Georgia Railroad, to the town
of Lawrenceville, in the county of Gwinnett, and the same
to equip, use and enjoy, with all the rights, privilege s and
immunities, (except as to the Banking powerl granted to
the Georgia Railroad and Banking Company, and subject
to the same liabilities imposed upon said Company) so far
as the same may be applicable under this Act, and the Act
incorporating the said Georgia Railroad and Banking Com¬
pany, and the several Acts amendatory thereof, heretofore
passed.
The Select Committee on Corporations moved to amend
by inserting after the word " Atlanta " the words " or any
intermediate point."
Which was agreed to.
The Select Committee on Corporations moved to amend
by inserting after the word powbr " and exemption from.
taxation."
Which was lost.
The Report, as amended, was agreed to.
The Bill was read the third time and passed. „
The Senate took up, as the Report of the Committee of
the Whole, the bill to be entitled an Act to incorporate
the Indian Spring Railroad Company.
And on reading the second section as follows :
Be it enacted, That said Company shall have power
and authority to survey, lay and construct and build a
Railroad from Forsyth, in Monroe county, or some other
point on the Macon and Western Railroad to the Indian
Spring, in Butts county, and the same to equip, use and
enjoy, with all the rights, privileges and immuiiit es
granted to the Macon and Western Railroad, and subject,
to the same liabilities imposed upon said Company, so far
as the same may be applicable under this Act and' the Act
incorporating said Macon and Western Railroad and Bank¬
ing Company, and several Acts amendatory thereof here¬
tofore passed.
The Select Committee on Corporations moved to amend
SENATE.
307
by inserting after the words " Macon and "Western Kail-
road," the words " between Forsyth and the city of Grif¬
fin."
Which w$s agreed to.
The Select Committee moved further to amend by add¬
ing the following:
" And with full authority to receive and take the right
of way for said Kailroad, of like width, and under the
same restrictions and liabilities as are prescribed in said
Acts, or either of them, or the Act incorporating the Mon¬
roe Railroad and Banking Company, banking privileges
alone excepted.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The following Bills were taken up, read the second time
and referred to the Committee of the Whole:
A Bill to relieve Robert II. Dixon, of Talbot county,
from the operation and effect of an Act entitled an Act to
regulate the returns of Executors, Administrators and
Guardians, approved 22d of February, 1850, so as to pre¬
vent a forfeiture of his commissions as Administrator of
the-estate of H. Brideall.
Also, a Bill to, levy and collect a tax for the building of
a Jail in the county of Union.
Also, a Bill to prohibit Fire Hunting and Camp Hunt¬
ing in the counties of Baker, Dooly, Irwin, Thomas and
Telfair.
The following bill was taken up, read the second time
and referred to the Select Committee on Corporations:
A Bill for the incorporation of the Henderson and Mar¬
thas ville Plank Road and Turnpike Company.
On motion of Mr. Crocker, the Senate took up the
Report of the Committee of the whole, the Bill to incor¬
porate the city of "Oglethorpe, and to alter and amend an
Act entitled an Act to incorporate the town of Oglethorpe,
in the county of Macon.
And on reading the fourth section as follows :
And be it f urther enacted, That all male white citizens
qualified to vote for members of the Legislature, and who
shall have paid all taxes legally imposed and demanded
by the authorities of the city, and shall have resided six
months within the jurisdictional limits of said city, and
no other person, shall be qualified to vote at said election
for Mayor or Aldermen; and in case any person other¬
wise qualified to vote at said election, shall move into the
city after the time for giving in his taxes, and whose name
shall not appear on the tax book of the preceding year, he
shall, in order to entitle him to vote, report his name to
the clerk of council before the opening of the polls, in
308
JOUKNAIi OF THE
order that he may he enrolled among the tax-paying
citizens.
The Select Committoe on Corporations moved to amend
hy striking out "six months," and inserting •" ten days,"
and striking out the last paragraph.
Which was agreed to.
And on reading the following part of the fifth section:
" And in case the said Managers of said election shall
have any doubts as to the qualification of any voter, they
shall have power to administer the following oath: You
do solemnly swear that you have attained the age of
twentj^-one years, that you are a citizen of the United
States, and have resided for the last six months past within
the jurisdiction of the corporation of the city of Ogle¬
thorpe, and have paid all taxes legally imposed and de¬
manded of you by the City Council of Oglethorpe, so help
you God."
Mr. Flournoy moved to strike out " six months," and
insert " ten days."
Which was agreed to.
And on reading the tenth section, as follows:
That no person shall be eligible to the office of Mayor
of' the city of Oglethorpe unless he be of the age of
twenty-five years, a citizen of the United States, and shall
have resided in said city one year immediately preceding
his election; and no person shall be eligible as a member
of the City Council unless he shall have attained the age
of twenty-one years, and shall have resided in said tcity
six months immediately preceding his election, and shall
have the other qualifications prescribed in the case of the
Mayor.
Mr. Crocker moved to amend by striking out the words
" six months," and inserting in lieu thereof the words " ten
days."
Which was agreed to.
And on reading the seventeenth section, as follows:
Be it further enacted, That the said Mayor and Council
of the city of Oglethorpe shall have power to license and
appoint annually as many auctioneers or vendue masters
for the city as they may deem proper, and to receive from
each one the sum of fifty dollars, as fixed by law, and
they shall further have power to levy a tax upon all goods
sold on commission or at auction in said city, to be paid
by the auctioneer.
The Select Committee on Corporations moved to amend
by striking out between the words " goods sold," and the
words " at auction," the words "on commission or."
Which was agreed to.
And on reading the twenty-seventh section as follows:
Be it further enacted, That the said Mayor and Alder-
SENATE.
309
men of the city of Oglethorpe shall have power to impose
fines for the violation of any ordinance of the city passed
in accordance with this charter, to the amount of twenty
dollars, and to imprison offenders in the common jail of
the county of Macon, or in the guard-house of said city
for the space of twenty days, the said fines after being
regularly assessed, shall be collected by execution to be
issued by the city treasurer against the estate of the said
offender, if any to be found, and if there shall be none,
the offender may be imprisoned as before provided; and
if any person, against whom a fine shall be assessed, shall
fail or refuse to pay the same, he shall be deemed guilty
of a misdemeanor, and shall be liable to indictment before
the Superior Court of the county of Macon, and upon con¬
viction he shall be fined in a sum not less than twenty,
nor more than one hundred dollars, or be imprisoned for
the space of three months, at the discretion of the court.
The Select Committee on Corporations moved to amend
by striking out all after xthe words " if any |o be found."
Which was agreed to.
And on reading the following part of the thirty-first sec¬
tion : . •
" And all taxes levied by said Mayor and Council shall
be collected as follows :—An execution shall be issued by
the Treasurer of the city directed to the Marshal of the
city, against the estate, real and personal, of the defaulter,
and the Marshal shall proceed to levy the same; and after
advertising for thirty days, shall sell the property levied
on before the door, on a regular Sheriff sale day,
and between the legal hours of Sheriff sales."
The Select Committee on Corporations moved to amend
by striking out all between the words " be collected " and
the words " to levy the same," and inserting in lieu there¬
of the words:
" By the Treasurer of the city, and if after giving twenty
days' notice at the most public place in said city, of the
day on which his books will "be closed, there shall be a
'defaulter or defaulters, the Treasurer is hereby authorized
to issue an execution against the property of any such de¬
faulter, directed to the City Marshal, who may proceed."
Which was agreed to.
Mr. Crocker moved to fill the blank with the words " the
City Hall."
Which was agreed to.
The Report of the Committee, as amended, was agreed
to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to establish election precincts at the
places of holding Justices' courts in the counties of Gwin-
310
JOURNAL OF THE
nett, Cass, Gordon, Forsyth, Clinch, Murray, Scriven, Bul¬
loch, Crawford, Pike, Spalding, Emanuel and Jones.
Mr. Day moved to amend by striking out the word
" Jones."
Which was agreed to.
Mr. Harm an moved to amend by adding the following
as additional sections:
Be it fwilier enacted, That the election precincts here¬
tofore established at the house of Manassa Henderson, in.
the 982d district, G. M., in the county of Irwin, be and
the same is hereby removed to the place of holding Jus¬
tices' Court in said district; and that the precinct hereto¬
fore established' at the house of Levi Herrins, in the 586th
district, G. M., in Clinch county, be and the same is here¬
by removed to the place of holding Justices'Court in said
district.
Be it further enacted, That there shall be an election
precinct established at Burn's Mills, in the county of
Scriven, and th^it an election precinct be .established at
Marshallville, in the"8th district of Macon county; and
that the election precinct heretofore established at the
house of William Felton's, in Macon county, be removed
to Winchester, in said county; and that the election pre¬
cinct heretofore established at Hamburg, in Macon county,
and the same is hereby removed to the city of Oglethorpe,
in said county; and that the election precinct heretofore
established at Snatchville, in Lowndes county, be and the
same is hereby removed to Okepilco, the place of holding
Justices' Court in said district and county; and that an
election precinct be and is hereby established at the place
of holding Justices' Courts in and for the 687th district
in Lee county.
Which was agreed to.
The Report as amended was agreed to.
The Bill was -read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
amend the second section of an Act entitled an Act to em¬
power the Inferior Courts of the several counties in this
State to order the building and keeping in repair public
bridges, approved December 4th, 1799.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
incorporate the town of Antioch, in Troup county, and to
provide for the election of Intendant and Commissioners
for the same, and to define their powers, and for other pur¬
poses therein mentioned.
SENATE.
311
Mr. Anderson moved to amend by adding the following
as additional sections:
And be it further enacted, That the provisions of the
fourth section of an Act, passed on the twenty-fourth day
of December, eighteen hundred and thirty-five, in relation
to the city of Augusta, shall extend to the Police Court of
said city, whether held by the Mayor or a member of
Council.
And be it further enacted, That the City Council of
Augusta shall be and are hereby authorized to pass all or¬
dinances necessary to secure the attendance of parties
charged before said Council, or the Police Court of said
city, with violations of the city ordinances; also, to secure
the appearance of witnesses, and to establish the fees of
their officers. •
And be it further enacted, That in case of the sickness
or absence of the Mayor, tha City Council of Augusta
shall and are hereby authorized to elect a Mayor pro tem¬
pore, who shall perform the duties of the office during
the sickness or absence of the Mayor.
And be it further enacted, That the City Council of
Augusta and the Mayor or members of Council holding
the Police Court, shall respectively, when said Council or
said Court is in session, have the power and authority to
punish contempts as now lawfully exercised by the Jus¬
tices' Courts of this State.
And be it further enacted, That at all future elections
for Mayor or members of Council of said city, no person-
shall be entitled to vote out of the district or ward in
which he resides, and in which he must reside ten days
before he shall be entitled to vote ; and when any voter is
challenged the following oath shall be administered to him
by the Superintendants (in addition to the oath now re¬
quired) before his vote shall be received, to-wit: " You do
solemnly swear that you are and have been a resident of
this district for the last ten days, and have considered it
your home during that time, so help you God." And for
a false oath so taken, the party shall be subject, on indict¬
ment, to the penalty enacted against false swearing by the
penal code of this State.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House _ of Representatives to
amend the Attachment Laws of this State.
Which, on motion of Mr. Flournoy, was laid on the
table for the present.
The Senate took up, as the Report of the Committee of
the Whole,.the bill to appropriate money for the improve-
312 JOURNAL OF THE
ment of the navigation of the Coosa River, between Rome
and the boundary line between the States of Georgia and
Alabama, and to appoint commissioners for that purpose.
Mr. Watters moved to amend the second section by add-
ing the name of Wade S. Cothran as a commissioner.
Which was agreed to.
Mr. Reed moved to amend by adding the following as
additional sections:
And be it further enacted, That the sum of five thou¬
sand dollars be and the same is hereby appropriated out
of any moneys in the Treasury not otherwise appropriated,
to the following commissioners, John Murphy, James B.
Henderson, A. F. Johnston, George H. Bryan and John
Nelson, sr., to be applied by the said commissioners to the
cutting a road through the Pine Mountain in Harris coun¬
ty, at the La Grange Gap or King's, or both, as they may
deem best.
And be it further enacted, That it shall be the duty
of the above-named commissioners to superintend the con¬
struction of the said road or roads, and when the said
mountain shall be cut down at either or. both of the said
Gaps, the said commissioners, shall report to His Excel¬
lency the Governor of this State, and he shall draw his-
warrant on the Treasury in favor of the said commission¬
ers for the amount which the said work may have cost,
Provided it did not cost more than five thousand dollars.
Which was lost.
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 required to be recorded, and are, yeas
19, nays 13.
Those who voted in the affirmative, are Messrs.
Anderson, Knight, Slaughter,
Bethune^ Lawson, Stroud,
Butler, McRae, Tomlinson,
Chappell, Moore, Tumlin,
Day, Mosely, Watters,
Fiournoy, Simmons, Willcox.
Hicks,
Those who voted in the negative, are Messrs.
Bryan, Harman, Ross,
Philip M. Byrd, Harris, Walthour,
Coffee, Little, Wellborn,
Cone, Reed, Wolfe.
Flewellen,
So the Bill was passed.
SENATE. 313
Mr. Bryan reported a bill to appoint Trustees for the
Camden county Academy.
Which was read the first time.
On motion the Senate adjourned until half past 9 o'clock
to-morrow morning.
WEDNESDAY, Dec. 24, 1851.
The Senate met pursuant to adjournment.
On motion of Mr. McCune, the Senate reconsidered so
much of the Journal of yesterday as relates to the action of
the Senate on the bill to authorize and require the citizens
of Spalding and Polk counties to pay their taxes in said
counties.
The Senate took up, as the Report of the Committee of
the Whole, the bill to add parts of the county of Pike to
the county of Spalding. *
The Report was agreed to.
The Bill was-read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to prohibit fire-hunting and camp hunt¬
ing in the counties of Dooly, Baker, Irwin, Thomas and
Telfair.
The Report was agreed to.
The Bill was *ead the third time and passed.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President: The House of Representatives have
passed the following Bill, to-wit:
A Bill for the benefit of Dade county.
The following bills were taken up and read the second time
and referred to the Committee of the Whole :
A Bill to appoint Trustees for the Camden county Ac¬
ademy.
Also, a Bill to incorporate the Oglethorpe Bridge and
Turnpike Company, and to punish those who may wilfully
injure the same.
Also, a Bill to compel all agencies of Banks of other
States, established in this State, to take out a license to do
business, and to pay into the Treasury a tax therefor.
The Senate took up, as the Report of the Committee of
the Whole, a bill of the House of Representatives to lay
out and form a new county out of the county of Murray,
and to organize the same.
Mr. P. M. Bird moved to postpone the same, and make
314 JOURNAL OF THE
it the special order of the day for "Wednesday, 31st inst.
Which was lost.
And on reading the second section, as follows:
Be it enacted, That the new county described in the first
section of shis Act shall be known by the name of Whitfield
-county, and be attached to the Cherokee Judicial Circuit,
to the fifth Congressional District, and to the Sen¬
atorial District, to the first Brigade of the 12th Division
Georgia Militia.
Mr. Chappell moved to fill the blank with the words
"forty-fifth."
Which was agreed to.
And on reading the ninth section, as follows :
Be it enacted, That whereas, there is now an outstanding
debt against the county of Murray, that said new county
shall pay or cause to be paid, one half of said debt, and the
Justices of the Inferior Court of Murray county, and the
Justices of the Inferior Court for said new county shall
have full power to adjust and settle the same and all things
by them done in relation thereto shall be binding.
Mr. Cone in the Chair—Mr. Miller moved to amend hy
adding the following:
And for the purpose of paying said one half of said debt,
the Justices of the Inferior Court of Whitfield county shall
be authorized and required to levy an extra tax on the citi¬
zens of said county.
Which was agreed to.
The Deport, 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 required to be recorded, and are,
yeas 14, nays 12.
Those who voted in the affirmative, are Messrs.
Bethune, Knight, Slaughter,
Butler, Lawson, Tumlin,
Chappell, McCune, Willcox,
Connelly, Mosely, Wolfe.
Plournoy, Ross,
Those who voted in the negative, are Messrs.
Philip M. Byrd, Hardeman, Reed,
Coffee, Harris, Simmons,
-Day? Hicks, Walthour.
Parris, Little, Wellborn.
So the Bill was passed.
SENATE.
315
Mir. Connelly moved to suspend tlie regular order, in
order to take up the bill to lay out a new county from the
counties of Burke and Emanuel, and to provide for the or¬
ganization of the same.
Which was lost.
The Bill to amend an Act entitled an A.ct to authorize
the guardians of minors to receive, and remove from
the State of Georgia, property belonging to their wards,
or which they may be entitled, in cases where such Guar¬
dians and Minors both reside without the State, and to
prescribe the mode of doing the same, assented to Decem¬
ber 25th, 1837, was taken up and read the second time, and
on motion of Mr. Bethune, was referred to the Committee on
the Judiciary.
The following Bills of the House of Representatives
were taken up, read the second time, and referred to the
Committee of the Whole :
A Bill to relieve and indemnify Seaborn Jones.
Also, a Bill to define the amount and mode of the pay¬
ment of witnesses in all civil and criminal cases, so far as
relates to the counties of Decatur and Lumpkin.
Also, a Bill to amend an Act entitled an Act to author¬
ize the Governor to appoint fit and proper persons to sell
and dispose of the undrawn lots in the land lotteries hereto¬
fore had in this state, and to limit the time for Fraction
purchasers to pay for and take out their Grants for
Fractions," assented to December the 30'th, f847, so far as
to give farther time to purchasers of said undrawn lots to
pay up and to take out their giants.
The Bill to prohibit the sale of deadly weapons and
to prescribe the manner of"carrying the same, and to pun¬
ish for a violation of the same, and to repeal an Act to
guard and protect the citizens of this State against the un¬
warrantable and too prevalent use of deadly weapons, as¬
sented to the 25th of December, 1837, was taken up, read
the second time, and on motion of Mr. Flournoy was re¬
ferred to the Committee on the Judiciary.
The Bill of the House of Representatives for the relief of
Dade county was taken up and read the first time.
Mr. Anderson laid upon the table the following Resolu¬
tion, which was taken up, read and agreed to :
To-morrow being Christmas day, Resolved, when the
Senate adjourn to-day, it will adjourn (;o meet at half past
9 o'clock on Friday morning next.
Mr. Hardeman reported a bill to amend and explain an
Act to point out the mode for the collection of rents, ap¬
proved December 16th, 1811.
Which was read the first time.
On motion of Mr. Connelly, the Senate took up as the
Report of the Committee of the Whole, the bill to lay out
316 JOURNAL OF THE
a new county from the counties of Burke and Emanuel, and
to provide for the organization of the same.
Mr. Hicks moved to postpone the bill indefinitely.
Which was lost.
Mr. McCune moved to postpone the report, and make it
the special order of the day for Friday the 26th instant.
Which was agreed to.
Mr. Flewellen asked and obtained leave of absence for a
few days after to-day.
" Mr. .Hardeman asked and obtained leave of absence for
a few days after this day.
Mr. Lawson asked and obtained leave of absence for a
few days after Friday next.
On motion, the Senate adjourned until half-past nine
o'clock Friday morning.
FRIDAY, December 26th, 1851.
The Senate met pursuant to adjournment.
Mr. Walthour moved to reconsider so much of the jour¬
nal of Wednesday, as relates to the passage of the Bill of
the House of Representatives, to lay out and form a new
county from the county of Murray, and to provide for the
organization of the same.
On which motion the yeas and nays were required to he
recorded, and are, yeas 10, nays 18.
Those who voted in the affirmative, are Messrs.
Bryan, Hicks, Simmons,
Philip M. Byrd, Little, Spalding,
Cone, Reed, Walthour.
Harris,
Those who voted in the negative, are Messrs.
Butler, Flournoy, Slaughter,
John L. Bird, Knight, Tomlinson,
Chappell, McCune, Tumlin,
Coffee, McRae, Wellborn,
Connelly, Mosely, Wilcox,
Farris, Ross, Wolfe.
So the motion was lost.
Leave of absence was granted to Mr. Anderson for to
day, having been called home on business.
BEN ATE.
317
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate:
An Act to make permanent the public site in the county
of Lee, at Starkville, and to incorporate the same, to desig¬
nate the corporate limits thereof, to appoint commission¬
ers for the same, and to define their powers.
An Act to authorize the Judge of the Superior Courts
of the county of Macon, to draw two panels of Grand, and
two panels of Petit Jurors, also to require the Justices of
the Inferior Court of said county, or a majority of them,
to meet at their Court-house on the first Monday in Feb¬
ruary next, to draw an additional panel of Grand and
Petit Jurors to serve at the next term of said Superior
Court, and to authorize the Judge of the Superior Court of
Floyd county, to draw three panels of Grand and Petit
Jurors, to serve one week each.
An Act to compell the Justices of the Peace in the#
1030th district of ware county, to hold Justices courts at
the place hereinafter named.
An Act to add a part of the county of Jackson to the
county of Madison, so as to include the residence of Wil¬
liam Saunders.
An Act to reduce the Sheriff's bond of Clinch county, &c.
An Act to add so much of the second district of origin¬
ally Muscogee as is now included within the county of
Marion, to the county of Macon.
' An Act to change the line between the .counties ' of
Ware and Wayne, so as to define the same.
An Act to incorporate the Washington county Female
Institute, in the town of Sandersville, and appoint Trustees
for the same.
An Act to authorize the Ordinary of Upson coujity to
grant letters of Administration on the undivided estate of
Allen McWalker, late of Upson county, deceased, on cer¬
tain conditions.
Also, an Act to change .the name of the LaGrange Fe¬
male Institute, incorporated by Act of the Legislature, ap¬
proved December 17th, 1817, and for other purposes therein
mentioned.
Also, an Act to authorize the Ordinary of Upson coun¬
ty, to grant temporary letters to collect the estate of James
Hightower, deceased, late of Upson county, and take care
of the same, pending an appeal on certain conditions.
Mr. McCune reported a Rill to alter and amend the
20th section of the 1th division of the Penal Code of this
State, to define the mode of procuring and attempting to
procure an abortion, and to prescribe the punishment for
said offence. Which was read the first time.
318 JOtTRNAIi OF THE
Mr. Tomlinson reported a Bill to incorporate the Albany
Bridge Company.
Which was read the first time.
Mr. Wilcox reported a Bill to confer certain privileges
npon certain persons therein named, and for other purposes
therein mentioned.
Which was read the first time.
Mr. Watters reported a Bill to authorize the Mayor and
City Councilmen of the cities of Atlanta and Rome, to levy
and collect a tax within the corporate limits of said cities.
Which was read the first time.
Mr. Philip M. Byrd laid upon the table the following
Resolution:
Resolved by the Senate and House of Representatives,
in General Assembly met, That both branches of the Gen¬
eral Assembly will adjourn on Saturday the tenth day of
January next, or sooner, if practicable, sine die.
The Senate took up, as the special Order of the Day, the
Report of the Committee of the Whole, on the Bill to lay
off a new county from the counties of Burke and Emanuel,
and to provide for the organization of the same.
And on reading the first section as follows:
Re it enacted, That a new county from the counties of
Burke and Emanuel, commencing on the line of Burke
and Jefferson, where said line crosses the Road leading
from Louisville to Savannah, known as the Ridge road,
thence in a diredt line to a point on the line of Burke and
Scriven, twelve miles east of the Ogeechee river, thence,
along said line to said Ogeechee river, thence across the'
Ogeechee river, taking the line of Emanuel and Bulloch,
to a point on said line ten miles west of said river, thence
to a point on the line of Jefferson and Emanuel, ten miles
west of the said river Ogeechee, thence along the line of
Jefferson and Emanuel, and the line of Burke and Jetfer-
son, tb the place of beginning.
Mr. Hicks moved to amend by striking out all after the,
words " said Ogeechee river," and insert in lieu thereof
the words, " thence along said river to the line between
the counties of Burke and Jefferson, and thence along said
line of Burke and Jefferson to the beginning."
On which motion, the yeas and nays were required to
be recorded, and are—yeas 15, nays 13.
Those who voted in the affirmative are Messrs.
Butler, Harris, Reed,
Philip M. Byrd, Hicks, Ross,
Coffee, Knight, Simmons,
Cone, Little, Watters,
Bay, McRae, Wellborn.
SENATE. 319
Those who voted in the negative are Messrs.
Bethune, Farris, Tumlin,
Bryan, Flonrnoy, Walthour,
John L. Bird, McCune, "Wilcox,
Chappell, Mosely, Wolfe.
Connelly,
So the motion was agreed to.
Mr. Cone moved to amend by adding: "Provided,
Nothing in this Act shall be so construed as to take or in¬
clude any portion of either of the counties of Bulloch or
Scriven.
Which was agreed to.
And on motion of Mr. Connelly, the Bill was laid on
the table for the present. ,
The following message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Mr. President :—The House of Representatives have
passed the following Bill, to-wit:
A Bill to levy and collect a tax for each of the political
years of 1852 and 1853, and thereafter until repealed.
The Senate took up as the Report of the Committee of
the Whole, the Bill to appoint Trustees for the Camden
county Academy.
The Report was agreed to.
The Bill was read the .third time and passed.
On motion of Mr. Walthour, the Bill of the House of
Representatives, to levy and collect a tax tor each of the
political years 1852 and 1853, and thereafter, until re¬
pealed, was taken up and read the first time.
And on motion of Mr. Cone, fifty copies of the same
were ordered to be printed for the use of the Senate.
Mr. Simmons laid upon the table the following Resolu¬
tion :
Resolved, by the Senate and House of Representatives
of the State of Georgia in General Assembly met, That
no new matter, either by bill or resolution, shall be re¬
ceived or acted upon by either House of the General As¬
sembly afier to-morrow, during the present session.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled, and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate,
A * Act to amend the second section oi an Act entitled an
Act to empower the Inferior Courts of the several counties
in this State to order the laying out of public roads, and to
order the building and keeping in repair public bridges, ap¬
proved December the 4th, 1799.
320
JOURNAL OF THE
The Bill to amend and explain an Act to point out the
mode tor the collection of Bents, approved December 16,
1811, was taken up and read the second time; and,
On motion of Mr. McCune, was referred to the Com¬
mittee on the Judiciary.
The Senate took up'as the Beport of the Committee of
the Whole, the bill of the House of Bepresentatives for the
relief of Married Women, whose husbands have deserted
them.
The Beport was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Beport of the Committee of
the Whole, the bill of the House of Bepresentatives to
amend an Act entitled an Act to authorize the Gover¬
nor to appoint fit and proper persons to sell and dispose
of the undrawn lots in the Lotteries heretofore had
in this State, and to limit the time for fraction pur¬
chasers to pay for and take out their grants for fractions,
assented to December the 30th, 1847, so far as to give fur¬
ther time to the purchasers of said undrawn lots to pay
up and to take out their grants.
Which, on motion of Mr. Tumlin, was referred to the
Committee on the Judiciary.
The Senate took up as the Beport of the Committee
of the Whole, the bill of the House of Bepresentatives to
define the amount and mode of the payment of witnesses
in all civil and criminal cases, so far as relates to the coun¬
ties of Decatur and Lumpkin.
Mr. Wellborn moved to amend by striking out " Lump¬
kin county."
Which was agreed to.
The Beport, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Beport of the Committee of
the Whole, the bill of the House of Bepresentatives to
amend the Attachment Laws of this State.
And on reading the following part of the first section
a3 follows:
Be it enacted, Whenever any one or more partners, joint
contractors or joint promissors, may or shall place him,
her or themselves in such a position as would, under the
existing laws, authorize an attachment to issue for an in¬
dividual debt, that upon oath made by the creditor, his
agent^ or attorney-at-law, or in fact an attachment may
issue in the same manner and upon the same conditions
as in ordinary cases of attachment against such partner or
partners, joint contractor or contractors, joint promissor
expromissors, and may be levied upon the interest of the
said defendant in the partnership property and the indi¬
vidual property of such partner or partners, joint contrac-
SENATE.
321
tor or contractors, joint promissor or promissors, any la^
usage or custom to the contrary notwithstanding.
The Committee on the Judiciary moved to amend by
striking out all between the words " may be levied," and
the words " Provided the same," and insert in lieu there¬
of the words " in the same way as though the attachment
had been sued out upon the individual indebtedness of
such partner, joint contractor or joint promissor."
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of the
Whole, the bill of the House of Representatives to relieve
and indemnify Seaborn Jones.
Which, on motion of Mr. Bethune, was referred to the
Committee on Finance.
The Bill of the House of Representatives for the bene¬
fit of Dade county, was taken up and read the second
time, and referred to the Committee of the Whole.
On motion, the Senate adjourned until 3 o'clock, P. M»
Theee o'clock, P. M.
The Senate met pursuant to adjournment.
1
Mr. Bethune reported a bill amendatory of the general
Road Laws of this State, so far as relates to the county of
Baldwin.
Which was read the first time.
The following message was received from the Gover¬
nor by Mr. Steele, his Secretary :
Mb. Pkesident :—His Excellency the Governor has ap¬
proved and signed
An Act to incorporate the Magnolia Steam Packet
Company^
Which has been deposited in the office of the Secretary
of State.
The following Message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Mb. Pkesident :—The House of Representatives have
passed the following Bill, to-Vut:
A Bill to legalize the adjourned terms of the Superior
Courts of the counties of Heard and Troup.
And I am directed to communicate the same forthwith
to the Senate.
The following Message was received from his Excellency
the Governor, by Mr. Steele his Secretary ;
21 '
322
JOUENAIj OF THE
Which, on motion of Mr. Bethune, was taken np and
read as follows:
Executive Department, )
Milledgeville, December 26z$, 1851. j
At the commencement of your present session, my pre¬
decessor called your attention to the present condition of
the boundary controversy between this State and Florida.
In his message he says :
" All efforts to adjust the question of boundary between
this State and Florida, by reference or negociation, have
failed. At the instance of the latter State, a bill has been
filed, and the question is now pending before the Supreme
Court of the United States for its decision. The corres¬
pondence not heretofore communicated to former legisla¬
tures and printed, is transmitted. Believing it to be my
duty to have the interest of the State protected, the Hon.
J. M. Berrien was engaged as the Attorney of the State
for that purpose."
As no action has as yet been taken by the General As¬
sembly on this subject, I feel it to be my duty again to
call your attention to it, that you may give such direction
to the matter as in your judgment the best interest of the
State demands; and also make such appropriation for the
energetic prosecution of the claim of the State as may be
required, provided it should be your judgment that the
suit should be further litigated and defended.
For the purpose of placing the whole subject before the
General Assembly, I herewith transmit copies of the bill
filed by the State of Florida in the Supreme Court, and
all other papers of file in this office, not communicated by
my predecessor to the present Legislature; also, the cor¬
respondence between Judge Berrien and myself in rela¬
tion to the suit.
To all of which I would respectfully invite your early
attention.
HOWELL COBB.
On motion of Mr. Bethune, the message, with the ac¬
companying documents, were referred to the Committee
on the State of the Republic; and on his motion, the
President was added to that Committee.
On motion of Mr. Flournoy, the bill of the House of
Representatives to legalize the adjourned terms -of the
Superior Courts of the counties of Heard and Troup,
Was taken up and read the first time.
The Senate took up, as the Report of the Committee of
the Whole, the bill to levy and collect a tax for the build¬
ing of a Jail in the county of Union.
For which Mr. Wellborn offered the following as a sub¬
stitute :
SENATE.
323
A Bill to authorize the levying a tax for the purpose of
building a Jail in Blairsville, in the county of union.
The substitute was received.
The Report as amended was agreed to.
The Bill was read the third time and passed.
On motion, the Senate adjourned until half-past nine
o'clock to-morrow morning.
SATURDAY, December 27th, 1851.
The Senate met pursuant to adjournment.
Mr. Slaughter reported a bill to provide for a full return
of the effective militia strength of this State.
"Which was read the first time.
Mr. Wellborn reported a bill to provide for the payment
of witnesses in certain cases.
Whicli was read the first time.
The following Message was received from the House of
Representatives by Mr. Lanier, their Clerk: ,
Mr. President :—'The House of Representatives have
passed a Resolution appointing R. S. Lanier, Clerk, pro
tern, and I am directed to communicate the same to the
Senate forthwith.
Mr. Bethune made the following Report;
Mr. President : The Committee on Finance, to whom
was referred a bill to be entitled " an Act to indemify Sea¬
born Jones for loss sustained by him in consequence of
the State selling him a fractional lot of land to which it
had no title, have directed me to report the same with an
amendment.
They propose the following in lieu of the first section :
" Be it enacted by the Senate and House of Representa¬
tives of the State of Georgia, in General Assembly met,
That upon the presentation by .the said Seaborn Jones to
His Excellency the Governor of satisfactory evidence that
the grant issued by the State to him for the fraction afore¬
said has been declared void, and the return of said grant,
His Excellency the Governor is hereby authorized to draw
his warrant on the Treasurer in favor of said Seaborn
Jones, for the amount of the purchase money paid by
him, with interest from the date of its payment; as also
for the sum of twenty-two dollars, the amount of court
costs to which said Jones was subjected in said case; as
also the grant fee of three dollars."
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, " to
324 JOURNAL OF THE
indemnify Seaborn Jones for the loss sustained by him in
consequence of the State selling him a fractional lot of
land to which it had no title."
And on reading the first section as follows :
" Be it enacted by the General Assembly, and it is hereby
enacted by the authority of the same, That the said Sea¬
born Jones, of Muscogee county, shall be paid the several
sums of money aforesaid, besides interest on one of them
of four hundered and thirty dollars, since the twenty-third
day of April, 1849, until the day of payment, and that
the said Seaborn Jones may at any time draw upon the
Treasurer for the said sums, and the Treasurer shall pay
the draft out of any money in the Treasury not now other¬
wise appropriated."
The Committee on Finance moved to amend by striking
out the whole of said section, and inserting in lieu thereof
the following:
" Be it enacted, That upon the presentation by the said
Seaborn Jones to His Excellency the Governor of satisfac¬
tory evidence that the grant issued by the State to him for
the fraction aforesaid has been declared void, and the re¬
turn of said grant, His Excellency the Governor is hereby
authorized to draw his warrant on the Treasurer in favor
of said Seaborn Jones, for the amount of the purchase
money paid by him, with interest, from the date of its
. payment; as also for the sum of twenty-two dollars,
the amount of court costs to which said Jones was
subjected in said case ; as also the grant fee of three dol¬
lars."
Mr. Flournoy moved to amend the amendment by add¬
ing the following:
" Also, one hundred dollars for his attorney fee."
Which was lost.
The question then recurred upon agreeing to the amend¬
ment.
Which was carried.
The Report as amended was agreed to.
The Bill was read the third time and passed.
On motion of Mr. Connelly, the Rule was suspended,
and he moved to reconsider so much of the Journal of
yesterday as relates to the action of the Senate on the
amendment proposed by Mr. Hicks to the bill to lay out
a new county from the counties of Burke and Emanuel,
and to provide for the organization of the same.
On which motion, the yeas and nays were required to
be recorded, and are—yeas 16,"nays 11.
Those who voted in the affirmative, are Messrs.
Bryan,
Calhoun, Chappell,
SENATE. 325
Connelly, Harris, Tomlinson,
Crocker, McCune, Tnmlin,
Hay, Mosely, Walthonr,
Farris, Slaughter, Wilcox.
Flournoy,
Those who voted in the negative, are Messrs.
Philip M. Byrd, Knight, Simmons,
Coffee, Little, Stroud,
Cone, Reed, Wellborn.
Hicks, Ross,
So the motion prevailed.
On motion of Mr. McCune, the Senate took up the bill
to lay out a new county from the counties of Burke and
Emanuel, and provide for the organization of the same.
And on reading the first section, as follows :
Be it enacted, That a new county from the counties of
Burke and Emanuel, commencing on the line of Burke
and Jefferson, where said line crosses the Road leading
from Louisville to Savannah, known as the Ridge road,
thence in a direct line to a point on the line of Burke and
Scrivenf twelve miles east of the Ogeechee river, thence
along said line to said Ogeechee river, thence across the
Ogeechee river, taking the line of Emanuel and Bulloch,,
to a point on said line ten miles west of said river, thence
to a point on the line of Jefferson and Emanuel, ten miles
west of the said river Ogeechee, thence along the line of
Jefferson and Emanuel, and the line of Burke and Jeffer¬
son, to the place of beginning.
Mr. Hicks moved to amend by striking out all after the
words " said Ogeechee river," and insert in lieu thereof
the words, " thence along said river to the line between
the counties of Burke and Jefferson, and thence along said
line ot Burke and Jefferson to the beginning."
On which motion, the yeas and nays were required to
be recorded, and are—yeas 16, nays 12.
Those who voted in the affirmative are Messrs.
Phiiip M. Byrd,
Calhoun,
Coffee,
Cone,
Flournoy,
Harris,
Hicks,
Knight,
Little,
McRae,
Mosely,
Reed,
Ross,
Simmons,
Stroud,
Wellborn.
Those who voxed jn the negative, are Messrs.
326
JOURNAL OF TUB
Bryan,
Chappell,
Connelly,
Crocker,
Day,
Farris,
McCune,
Slaughter,
Tomlinson,
Tumlin,
Walthour,
Willcox.
So the motion prevailed.
The Beport was then, on motion of Mr. Connelly, laid
on the table for the present.
The Senate took up, as the Report of the Committee of
the "Whole, the bill to lay out and form a new county from
the counties of Walker and Murray, and to provide for the
organization of the same.
Which, on motion of Mr. Farris, was postponed inde¬
finitely.
The following message was received from the House of
Representatives by Mr. Lanier, their Clerk:
Mr. President : The House of Representatives have
passed the following Bills, to-wit:
A Bill to provide means for the equipment, construction
and repair of the Western and Atlantic Railroad, and to
pay on the existing liabilities of the same.
A Bill to alter and amend the twelfth section of the
thirteenth division of the Penal Code of this State, and
for other purposes therein named.
A Bill to change the line of the Western and Atlantic
Railroad so as to run through the town of Cassville.
A Bill to stop the running of the Statute of Limitations
in all cases where the defendant shall abscond or remove
beyond the limits of this State.
A Bill to compel the Clerks of the Superior and Inferior
Courts and Courts of Ordinary of the several counties of
this State, to buy a seal of office for each of said courts.
The House of Representatives have also agreed to a
Joint Resolution relative to instructing our Senators and
Representatives in Congress to use their influence towards
the establishment of a tri-weekly mail communication by
steam-boat from Bainbridge, Georgia, to Apalachicola,
Florida.
Also, a Joint Resolution requiring each member of the
Legislature to be furnished with certain books therein
named.
Also, a Joint Resolution in reference to sending a block
of marble to Washington National Monument, in lieu of
one sent by his late Excellency Governor Towns.
On motion of Mr. Calhoun, the Senate went into Com¬
mittee of the Whole on the re-considered bill to incorporate
a Bank in the city of Atlanta, to be called the Atlanta
Bank—Mr. Reed in the chair; and after some time spent
therein,
SENATE. 32 T
On motion, of Mr. Walthour, the Committee rose and
reported the bill with amendments.
On motion of Mr. Reed, the Report was taken up.
The Report was 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
20, nays 10.
Those who voted in the affirmative, are Messrs.
Bethune, Crocker, Simmons,
Bryan, Day, Tomlinson,
Philip M. Byrd, Farris, Tumlin,
Calhoun, Flournoy, Wellborn,
Chappell, McRae, Wilcox,
Coffee, Mosely, Wolfe.
Connelly, Ross,
Those who voted in the negative, are Messrs.
Butler, Little, Slaughter,
Cone, McCune, Stroud,
Harris, Reed, Walthour.
Hicks,
So the Bill was passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill to extend the time of taking out Head
Right Grants.
i'or which Mr. Cone offered the following as a substi¬
tute :
A Bill to amend and continue in force an Act entitled
an Act to amend the several Acts in relation to issuing of
Head Right Grants in this State, so far as to extend the
time for granting the same until the twenty-fifth day of
December, 1851, and to extend the provisions of said Act
of the 14th of December, 1849, to the twenty-fifth day of
December, 1862.
The substitute was received.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to incorporate the Oglethorpe Bridge
and Turnpike Company, and to punish those who may
wilfully injure the same.
The Report was agreed to.
The Bill was read the third time and passed.
328
joubnal of the
On inotion of Mr. Simmons, the Resolution laid npon
the table on yesterday, prohibiting the introduction of new
matter, was taken up, for which he offered the following
as a substitute:
jResolved by the Senate of the State of Georgia, That no
new matter, either by Bill or Resolution, shall be received
or acted upon in the Senate after Monday next, during the
present session, unless by a vote of two-thirds.
Mr. Cone moved to lay both the substitute and the ori¬
ginal on the table for the present.
On which motion the yeas and nays were required to be
recorded, and are, yeas 16, nays 15.
Those whe voted in the affirmative, are Messrs.
Anderson, Cone, Knight,
Bethune, Connelly, McCune,
Bryan, Crocker, Ross,
Butler, Day, Wellborn,
Chappell, Flournoy, Wilcox.
Those who voted in the negative, are Messrs.
P. M. Byrd, Little, Slaughter,
Calhoun, McRae, Stroud,
Farris, Mosely, Tumlin,
Harris, Reed, Walthour,
Hicks, Simmons, Wolfe.
So the motion prevailed.
On motion the Senate adjourned until 3 o'clock, P. M.
Thbee o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate took up, as the Report of the Committee of
the Whole, the bill for the relief of the teachers of poor
children.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to authorize and require the citizens of
Spalding and Polk counties to pay their taxes in said coun¬
ties.
SENATE.
329
Mr. John L. Bird moved to amend by inserting the
counties of "Warren and Taliaferro."
Which was agreed to.
Mr. Hicks moved to amend by inserting "all of the other
counties of the State."
Which was agreed to.
The report as amended was agreed to.
On motion of Mr. McCune, the report as amended was
laid on the table for the present.
The Senate took up, as the Report of the Committee of
the Whole, the bill to incorporate the Henderson and Mar*
thasville Plank Road and Turnpike Company.
Mr. Mosely moved to amend by adding the following as
an additional section:
Be it further enacted, That if it becomes necessary for
said Plank Road to cross any public road, or take along
any public road, the said Plank Road Company shall at
their own expense make a good and sufficient crossing •
place where the public road is crossed, and clear out a good
and sufficient road by the side of said Plank Road in all
cases where any public road is taken by said Company ;
and on their failing to comply with the provisions of this
section, the said Plank Road Company shall be subject to
the same pains and penalties as now inflicted by the laws
of this State upon persons obstructing public highways.
On motion of Mr. McCune, the report and amendment
was laid upon the table for the present.
On motion of Mr. McCune, the Senate took up, as the
report of the Committee of the Whole, the bill to authorize
and require the citizens of Spalding and Polk counties to
pay their taxes in said counties.
For which he offered the following as a substitute :
A Bill to repeal an Act approved December 24th, 1847,
to repeal an Act to compel persons owning or holding
plantations or negroes in any county in this State, and not
residing therein, to give in and pay tax for the same in said
county.
The substitute was received.
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 re¬
quired to be recorded, and are, yeas 24, nays 8.
Those who voted in affirmative, are Messrs.
Anderson, Cone, Reed,
Beavers, Day? Ross,
Bethune, Farris, Simmons,
Brvan, Flournoy, Slaughter,
John L. Birdj Hicks. Stroud,
330 JOURNAL OF THE
Philip M. Byrd, Little, Walthour,
Calhoun, McCune, Wellborn,
Coffee, Mosely, Wilcox.
Those who voted in the negative, are Messrs.
Butler, Knight, Tumlin,
Crocker, McRae, Wolfe.
Harris, Tomlinson,
So the Bill was passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to compel all Agencies of Banks of
other States established in this State, to take out a license
to do business, and to pay in to the Treasury a tax therefor.
Mr. Anderson moved to amend by adding the following
as an additional section:
Be it further enacted, That if any person shall, after the
first day of March next, without having previously taken
out the license required by this Act, to pay out at any one
time, or within one day, the sum of five hundred dollars in
bills of any Bank of any other State, such payment shall be
taken as prima facie evidence of the violation of this Act,
and unless countervailed by satisfactory evidence to the
Jury, be held liable for the penalty provided in the third
section of this Act.
Mr. McCune moved to refer the report and amendment to
the Committee on Banks.
Which was lost.
Mr. Knight moved to amend by inserting after the words
" pay out," the following: " in the purchase of bills of ex¬
change, promisory notes, advances on produce, or in the
transaction of any business appertaining to Banks or Bank
agencies."
Which was agreed to.
The question then recurred on agreeing to the amend¬
ment as amended.
On which motion the yeas and nays were required to
be recorded, and are—yeas 2J, nays 9.
Those who voted in the affirmative, are Messrs.
Anderson, Coffee, McRae,
Bethune, Cone, Ross,
Bryan, Crocker, Simmons,
Butler, F arris, Slaughter,
John L. Bird, Flournoy, Stroud,
P. M. Byrd, Hicks^ Tnm1inr.
SENATE. 331
Calhoun, Knight, Walthour,
Chappell, Little, Wilcox.
Those who voted in the negative, are Messrs.
Beavers, McCune, Tomlinson,
Bay, Mosely, Wellborn,
Harris, Reed, Wolfe.
So the amendment was received.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole :
A Bill amendatory of the General Road Laws of this
State, so far as relates to the county of Baldwin.
Also, a Bill to authorize the Mayor and City Couneilmen
of the cities of Atlanta and Rome to levy and collect a tax
within the corporate limits of said cities.
Also, a Bill to confer certain privileges upon certain per¬
sons therein named, and for other purposes therein men¬
tioned.
Also, a Bill to incorporate the Albany Bridge Company.
Also, a Bill to alter and amend the twentieth section of
the fourth Division of the Penal Code of this State, to de¬
fine the mode of procuring and attempting to procure an
abortion, and to prescribe the punishment for said offence.
The Senate took up, as the Report of 'the Committee of
the Whole, the bill of the House of Representatives to add
a part of the counties of Murray and Floyd to the county
of Gordon, and to add a part of the county of Randolph to
the county of Stewart.
And on reading the first section, as follows :
Be it enacted, That from and after the passage of this
Act, that part of the county of Murray, in the twenty-fifth
district of the second section of originally Cherokee, now
Murray county, lying on the south side of Coosawatee river
and that part of the eighth district of the third section of
originally Cherokee, now Murray county as lies south of
said river, shall be added to the county ofGordpn, and the
Coosawater, running through the seventh district of the
third section shall be the line between the counties of Mur¬
ray and Gordon, until it strikes the south line of lot num¬
ber thirty-five, in the seventh district of third section, thence
running west with the said south line of said number thirty-
five, and due west until it strikes Conasauga river, thence
up the Conasauga river with the meanderings thereof,
until it strikes the north line of number two hundred and
sixty-seven, in the thirteenth district of the third sec-
332
JOURNAL OF THE
tion, thence west to the line of Walker county, and that all
that part of Murray county lying on the south side of the
before descrribed line be added to Gordon county.
Mr. P. M. Bird moved to amend by striking out all after
the words "passage of this Act," and inserting in lieu there¬
of the following words: "That the line dividing the coun¬
ties of Gordon and Murray, shall be as follows : commenc¬
ing where the Coosawatee river crosses the line dividing
Gilmer and Murray counties, in the twenty-fifth district,
second section of originally Cherokee, running thence down
the main prong of said river until it reaches the north line of
lot of land number two hundred and seventy-six, in the
8th district of the 3d section of now Murray county, thence
west until said line shall reach the thirteenth district of the
third section of now Murray county, thence north to the
north-east corner of lot number two hundred and seventy,
in the thirteenth district of the third section in said last-
named county, thence west to the line dividing the counties
of Walker and Murray, and all that portion of Murray
county lying south of said line be and the same is hereby
added to the county of Gordon.
Which was agreed to.
And on reading the second section as follows:
And be it enacted, That a portion of the county of Floyd
commencing at the north-east corner of lot of land number
eighteen, in the twenty-fifth district and third section of
said county, running thence due-west along the land lines
to the north-west corner of lot number thirteen, thence due
south to the south-west corner of lot number twenty-four,
thence due east to the north-west corner of lot number fifty,
thence due south to the south-west corner of lot number
three hundred and eleven in said district and section,
thence due east, along the line of the twenty-fourth district
of said section to the west line of Gordon county be and
the same is hereby added to and made a part of the county
of Gordon.
Mr. P. M. Byrd moved to amend by striking out between
the words "thence due south," and the words "be and the
same," and inserting in lieu thereof the following words:
"until you strike a branch running through lot number
three hundred and twelve, in the twenty-fifth district, third
section of Floyd county, thence down said branch until it
runs into the main prong of John's Creek thence down said
creek to the Oustenaula river, thence up said river to the
north-east corner of lot number ninety-eight, in the twenty-
fourth district of third section of Floyd county, thence east
to Gordon county line."
Which was agreed to.
Mr. P. M. Byrd moved to amend by adding the follow¬
ing as an additional section :
SENATE. 333
And he it f urther enacted, That upon the citizens of Ce¬
dar Town or its vicinity conveying to the Justices of the In¬
ferior Court of Polk county at least twenty acres of land
for the use of said county, it shall be the duty of said Jus¬
tices to locate the county site of said county thereon, and
lay off and sell the town lots therefrom, as described in the
Act organizing said county.
Which was agreed to.
Mr. Tumlin moved to amend by adding the following as
an additional section:
And he it f urther enacted, That the county lines be¬
tween the counties of Cass and Polk be so changed as to
add lots of land numbers twenty-seven and twenty-eight*
in the eighteenth district of third section of now Polk coun¬
ty to the county of Cass. Which was; agreed to.
The Report as amended was agreed to.
The Report was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives for the
benefit of Dade county.
Mr. McRae moved to amend by adding the following
as an additional section:
Be it further enacted, That the Tax Collector of Mont¬
gomery county be and he is hereby required to pay over
to the Justices of the Inferior Court of said county, the
State tax of that county, for the years 1852 and 1853, to be
applied by them to the building of a jail in said county.
Which was agreed to.
The Report as amended was agreed to.
Mr. Reed moved to postpone the Report indefinitely.
On which the yeas and nays were required to be record¬
ed, and are, yeas 20, nays 10.
Those who voted in the affirmative, are Messrs.
Beavers, Harris, Slaughter,
Butler, Hicks, Stroud,
John L. Bird, Knight, Tomlinson,
Cone, Mosely, Walthour,
Crocker, Reed, Wilcox,
Day, Ross, Wolfe.
Flournoy, Simmons,
Those who voted in the negative, are Messrs.
Anderson, Chappell, McCune,
Bethune, Coffee-, McRea,
Bryan, Farris, Tumlin.
Philip M. Byrd,
So the motion prevailed.
334
journal of the
The Bill of the House of Representatives to levy and
Collect a Tax for each of the political years 1852 and 1853,
and thereafter until repealed, was taken up, read the second
time, and on motion of Mr. Anderson, was made the spe¬
cial order of the day for Monday, the 29th inst.
The Bill of the House of Representatives to legalize the
adjourned terms of the Superior Courts of the counties of
Heard and Troup, was taken up, read the second time, and
referred to the Committee of the Whole.
The following Bills of the House of Representatives
were taken up and read the first time:
A Bill to stop the running of the Statute of limitations in
all cases where the defendant shall abscond or remove be¬
yond the limits of this State.
Also, a Bill to provide means for the equipment, con¬
struction and repair, of the Western and Atlantic Railroad
and to pay off the existing liabilities of the same.
Also, a Bill to compel the Clerks of the Superior Courts
and Courts of Ordinary of the several counties of this State
to buy a seal of office for each of said Courts.
Also, a Bill to change the line of the Western and At¬
lantic Railroad, so as to run through the town of Cassville.
Also, a Bill to alter and amend the twelfth section of the
thirteenth division of the Penal Code of this State, and for
other purposes therein contained.
The following Resolution of the House was taken up read
and concurred in.
In House of Representatives—
jResolved by the Senate a/rid House of Representatives
That each member of the General Assembly be furnished
with a copy of the Acts and Journals of the present Session
of the Legislature to be forwarded to their respective coun¬
ties.
The following Resolutions of the House was taken up,
read and concurred in:
In House of Representatives :
Whereas, the people of Georgia, as well as the people of
Florida, are deeply interested in a regular and frequent
mail communication between Macon, Georgia, and Apa-
lachicola, Florida, to connect by Steamboat communica¬
tion between Bainbridge and Apalachicola—■
Resolved by the Senate and House of' Representatives,
That our Senators and Representatives in Congress be re¬
quested to exert their influence to procure the establish¬
ment of a regular tri-weekly mail communication by Steam¬
boat, between Bainbridge, Georgia, and Apalachicola,
Florida.
Resolved, That the Governor be requested to forward a
copy of these Resolutions to each of our Senators and Rep¬
resentatives in Congress.
SENATE.
335
The following Resolution of the Honse was taken up>
read and concurred in.
Whereas, Information has been received by the mem¬
bers of this House, and is believed to be correct, that a
block of marble was transmitted to the Washington Monu¬
ment, by the late Governor of this State, as a donation from
the State of Georgia, under and by virtue of a Resolution
passed by the General Assembly, February, 1850, and that
his Excellency caused to be inscribed upon the said block
of marble, the following words: "The Constitution as it is.
The Union as it was." And whereas, the said inscription
does not truly express the sentiments of the people of Geor¬
gia, and is deemed an undeserving tribute to the memory
of the Father of his country—
Be it Besolved by the Senate and House of .Representa¬
tives^ That the Governor be and he is hereby authorized
and requested to withdraw the said block of marble from
the Washington Monument, and to cause another to be
prepared of Georgia Marble, and to have inscribed thereon
the Arms of the State of Georgia, and to have the same
conveyed to Washington City, and placed at the disposal
of the Building Committee of the National Monument to
the Memory of Washington.
On motion, the Senate adjourned until half past 9 o'clock
Monday morning.
MONDAY, December 29,1851.
The Senate met pursuant to adjournment..
Mr. Day moved to reconsider so much of the Journal of
Saturday as relates to the action of the Senate upon the
Resolution of the House in relation to the withdrawal of
the Block of Marble transmitted under a Resolution of the
last General Assembly by Governor Towns, to the Wash¬
ington Monument, and the furnishing of another.
On which motion the yeas and nays were required to be
recorded, and are, yeas 14, nays 22.
Those who voted in the affirmative, are Messrs.
Anderson, Connelly, Simmons,
Beavers, Day, Stroud,
Bryan, Harman, Wellborn,
Butler, Harris, Willcox.
John L. Bird, MeCune,
336 journal of the
Those who voted in the negative, are Messrs.
Bethune, Floumoy, Reed,
Philip M. Byrd, Griggs, Ross,
Calhoun, Hicks, Slaughter,
Chappell, Knight, Tomlinson,
Coffee, Little, Tumlin,
Cone, McRae, Walthour,
Crocker, Mosely, Wolfe.
Karris,
So the motion was lost.
On motion of Mr. Anderson, the Bill of the House of
Representatives, to levy and collect a tax tor each of the
political years 1852 and 1853, and thereafter, until re¬
pealed, which was the special Order of the Day, was taken
up; and,
On motion of Mr. Anderson referred to the Committee
on Finance.
The following message was received from the House of
Representatives by Mr; Sturgis their Clerk:
Mr. President: The House of Representatives have
concurred with the Senate in their amendments to the fol¬
lowing Bills of the House, to wit:
A Bill to change the line between the counties of Tel¬
fair and Appling.
A Bill to lay out and form a new county out of the/
county of Murray, and to organize the same.
A Bill to define the amount and mode of the payment
of witnesses in all civil and criminal cases, so far as relates
to the counties of Decatur and Lumpkin.
A Bill to' establish election precincts at the places of
holding Justices Courts in the counties of Gwinnett, Cass,
Gordon, Forsyth, Clinch, Murray, Scriven, Bullock, Craw¬
ford, Pike, Spalding, Emanuel and Jones.
A Bill to amend the Attachment Laws of this State.
A Bill to incorporate the town of Antioch in Troup
county, and to provide for the election of Intendant and
Commissioners for the same, and to define their powers,
and for other puqioses therein mentioned.
A Bill to appropriate money for the improvement
of the navigation of the Coosa River between Rome and
the boundary line between the States of Georgia and Ala-
.bama, and to appoint Commissioners for that purpose.
Also, a Bill to prevent the Killing of Deer at certain
periods of the year in the county of Carroll; also, to
amend a similar Act in relation to the county of Rich¬
mond.
Also, a Bill to alter and change the name of the " Relief
SENATE. 637
Society of the Georgia Annual Conference of the Methodist
Episcopal Church South," to that of "The Preacher's
Aid Society of Georgia Conference."
The House of Representatives have refused to concur
with the Senate in their amendment to the following bill
of the House, to-wit:
A Bill for the relief of Executors, Administrators and
Guardians, &c.
The Senate took up, as the Report of the Committee of
the Whole, the bill to confer certain privileges upon cer¬
tain persons therein named, and for other purposes therein
mentioned.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill amendatory of the general Road Laws
of this State, so far as relates to the county of Baldwin.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to incorporate the Albany Bridge Com¬
pany, which,
On motion of Mr. Tomlinson, was laid on the table for
the present.
Tiie Senate took up, as the Report of the Committee of
the Whole, the bill to alter and amend the 20th section
of the 4th division of the Penal Code of this State; to
define the mode of procuring and attempting to procure
an abortion, and to prescribe the punishment for said
offence; which,
On motion of Mr. McCune, was referred to the Com¬
mittee on the Judiciary.
The Bill .to provide for a full return of the effective
militia strength of this State,
Was taken up, read the second time, and referred to the
Committee of the Whole.
The Bill to provide for the payment of witnesses in cer¬
tain cases was taken up, read the second time, and re¬
ferred to the Committee of the Whole.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
legalize the November adjourned Terms, 1851, of the Su¬
perior Courts of the counties of Heard and Troup.
Mr. Slaughter moved to amend by adding the following
as an additional section :
" Be it enacted, That all cases now pending in the
courts of the county of Cobb, together with all writs,
executions, and all the papers to which the parties inter¬
ested have been cut off from the county of Cobb, and at¬
tached to the county of Paulding, shall be transferred to
22
338 JOURNAL OP THE
the county of Paulding by the clerks of the courts^ of
Cobb county to the clerks of the courts of Paulding
county. "Which was agreed to.
Mr. P. M. Byrd moved to amend by adding the following
as an additional section :
Be it further enacted, That " an Act to compensate the
grand and petit Jurors of the Superior and Inferior Courts
of the several counties herein named, and to provide for
the payment of the same," assented to 23d December,,
1837, be and the same is hereby suspended, so far as re¬
gards the county of Hall, until a Court-House is erected
and paid for in said county of Hall, and no longer.
Which was agreed to.
Mr. Slaughter moved to amend by adding the following
as an additional section :
" Be it further enacted, That from and after the first
day of April next, the Inferior Court of Paulding county
shall be authorized and required to draw one panel of
grand Jurors, and two panels of petit Jurors, to serve
during the next term of the Superior Court for said coun¬
ty, and two panels of petit Jurors to serve during the
next term of the Inferior Court of said county; and that
the Justices of the Inferior Court of Paulding county be
and they are hereby authorized to draw panels of grand
and petit Jurors for the next term of the Superior Court of
Raid county."
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Bill of the House of Representatives to provide
means for the equipment, construction and repair of the
Western and Atlantic Railroad, and to payoff the existing
liabilities of the same, was taken up, read the second
time; and,
On motion of Mr. Flournoy, referred to the Committee
on Internal Improvements.
And, on motion of Mr. John L. Bird, fifty copies of the
same were ordered to bo printed for the use of the Senate.
On motion, the bill of the House of Representatives for
the relief of Executors, Administrators and Guardians,
was taken up; and,
On motion of Mr. J. L. Bird, the Senate insisted on its
amendments.
And, on motion of Mr. Cone, the Secretary was directed
to inform the House forthwith of the same.
The. following Bills of the House of Representatives
were taken up, read the second time, and referred to the
Committee of the Whole :
A Bill to change the line of the Western and Atlantic
Railroad so as to run through the town of Cassville.
senate.
339
Also, a Bill to compel the Clerks of the Superior and In¬
ferior Courts and Courts of Ordinary of the several counties
of this State, to buy a seal of office for each of said courts.
Also, a Bill to alter and amend the twelfth section of the
thirteenth division of the Penal Code of this State, and
for other purposes therein contained.
Also, a Bill to stop the running of the Statute of Limi¬
tations in all cases where the defendant shall abscond or
remove beyond the limits of this State.
Mr. McOune reported a bill to change the county line
between the counties of Butts and Monroe.
Which was read the first time.
Also, a Bill to establish an additional election precinct
at the Indian Spring, in Butts county.
Which was read the first time.
Mr. Stroud reported a bill to alter and change the name
of Robert Fenn, formerly of Clark, now of Wilkinson
county, to that of William Robert Fenn.
Which was read the first time.
On motion, the Senate adjourned until 3 o'clock, P. M.
Three o'Clock, P. M.
The Senate met pursuant to adjournment.
Mr. Bethune made the following Report:
Mr. President : The Committee on Finance, to whom
was referred a bill to be entitled an Act to levy and collect
a tax for each of the political years 1852 and 1853, and
thereafter until repealed, have had the same under con¬
sideration.
They suggest the amendment of the third section, by
the insertion of the following, to come in after the words
" charitable institutions
" Also, all plantation and mechanical tools, all household
and kitchen furniture (not held for purpose of sale or as
merchandize), family libraries, all poultry, and two hun¬
dred dollars value of other personal property, belonging
to each tax-payer," in lieu of part of the 19th, the 20th,
21st, 22d, 23d, and part of 21th lines of said section, as far
as the word " amount."
They propose to amend the thirteenth section by add-
ing:
" In which digest shall be carefully made out an ab¬
stract, stating each subject of taxation, the amount of ag¬
gregate value of each, the number of acres of lands, num¬
ber of slaves, polls, free persons of eolor, professions," &c.
340
JOURNAL OF THE
They propose to amend the sixteenth section by insert¬
ing in the second line after the word " paid," the word
" annually," and by striking out in the third line the words
" shall be one twelfth of one per cent," and insert in lieu
thereof the words " shall not exceed one-tenth of one per
cent."
They propose to strike out the seventeenth section.
They propose an additional section after the twentieth,
as follows:
" And be it further enacted, That nothing in this Act
shall be so construed as to relieve banks, railroads, or agen¬
cies of foreign banks, from any special tax heretofore as¬
sessed on them, or any of them."
On motion of Mr. Cone, the Senate went into Commit¬
tee of the Whole on the bill to levy and collect a tax for
each of the political years 1852 and 1853, and thereafter
until repealed—Mr. Day in the Chair—and after some
time spent therein,
On motion of Mr. Foster, the Committee rose, reported
progress, and asked leave to sit again.
On motion of Mr. Day, the Report was taken up and
agreed to. -
Mr. Simmons reported a bill to relieve James J. B.
Crawford, of Madison county, from the disabilities and
protection of minority.
Which was read the first time.
On motion the Senate adjourned until half past 9 o'clock
to-morrow morning.
TUESDAY, December 30,1851.
The Senate met pursuant to adjournment.
Mr. Simmons from the Committee on Enrollment, report¬
ed as duly enrolled and signed by the Speaker of the House
of Representatives, and ready for the signature of the Pre¬
sident of the Senate, an Act to establish election precincts
at the places of holding Justices' Courts in the counties of
Gwinnett, Cass, Gordon, Forsyth, Clinch, Murray, Scriven,
Bulloch, Crawford, Pike, Spalding, Emanuel and Polk, and
to establish and remove certain election precincts in other
counties therein named.
Also, an Act to appropriate money for the improvement
of the navigation of the Coosa River, between Rome and
the boundary line between the States of Georgia and Ala¬
bama, and to appoint commissioners for that purpose.
Also, a Resolution to furnish each of the Senators and
SENATE.
341
Representatives with a copy of the Acts and Journals of
the present Session.
Also, a Resolution in relation to a mail route between
Bainbridge and Apalachicola.
Also, an Act to lay out and form a new county out of the
county of Murray, and to organize the same.
Also, an Act to define the amount and mode of the pay¬
ment of witnesses in all civil and criminal cases, so far as re¬
lates to the county of Decatur. \
Also, an Act to prevent the killing of Deer at certain
periods of the year, in the county of Carroll.
Also, to amend a similar Act in relation to the county
of Richmond.
Also, an Act to amend the attachment laws of this State.
Also, an Act for the relief of married women whose hus¬
bands have deserted them.
Also, an Act to alter and change the name of the "Relief
Society of the Georgia Annual Conference of the Methodist
Episcopal Church South," to that of "The Preachers' Aid
Society of the Georgia Conference," also, to authorize the
Church Wardens and Yestrymen of St. Paul's Church in
Augusta to sell a portion of their lot.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mb. President : The House of Representatives have
passed the following Bills, to-wit:
A Bill to amend the several Acts in relation to issuing
grants on head rights in this State.
A Bill to preserve the purity of public elections in this
State, and to prevent Magistrates who hold county or city
or town offices from presiding at county or city or town
eiections, so far as relates to the county ol Chatham.
A Bill to incorporate the Southern Hydropathic Insti¬
tute.
The House of Representatives have agreed to a Resolu¬
tion 'appointing a Joint Committee to examine into the
quantity of business before the two Houses, and the num¬
ber of Clerks necessary to be employed in each office in
each House, and the value of their services. The Commit¬
tee on the part of the House of Representatives, are Messrs.
Dawson, of Putnam, Floyd, Tifr, Barlow and Harris, of
Clark. To which they ask the concurrence of the Senate.
The following message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Me. President :—The House of Representatives have
refused to concur with the Senate in certain amendments
to the following Bill of the House of Representatives, to-wit:
A Bill to add a part of the counties of Murray and Floyd
to the county of Gordon, and to add a part of the county
of Randolph to the county of Stewart.
34:2 journal of the
And I am directed to communicate the same forthwith
to the Senate.
On motion of Mr. Cone, the Senate went into Committee
of the Whole on the bill to levy and collect a tax for each
ol the political years 1852 and 1853, and thereafter until
repealed—Mr. Day in the Chair—and after some time spent
therein—
On motion of Mr. Cone, the Committee rose and report¬
ed the bill with amendment.
On motion of Mr. Day, the report was taken up and
made the special order of the day for Friday, the 2d day
of January, and fifty copies ordered to be printed lor the
use of the Senate.
On motion, the Senate adjourned until 3 o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President : The House of Representatives have
passed a bill to carry into effect the amended Constitution
of this State in reference to'the Ordinaries of said Ssate,
and for other purposes.
And I am directed to communicate the same forthwith
to the Senate. •
Mr. Flewellen reported a bill to revive and make of force
an Act to incorporate the Thomaston and Barnesville Rail¬
road Company with power to construct a Railroad Com¬
pany from some point on the Monroe Railroad at or near
Barnesville, in Pike county, to the town of Thomaston, in,
Upson county, and to punish persons who may wilfully in¬
jure the same, and to compel all corporate powers neces¬
sary to effect said object, assented to December 23d, 1839.
Which was read the first time.
Mr. Anderson asked for and obtained leave of absence
for to-morrow and next day.
On motion of Mr. Simmons, the Resolution and substi¬
tute therefor, heretofore laid upon the table, in relation to
the introduction of new matter, were taken up.
Mr. Simmons moved to amend the substitute by strking
out the words "Monday next," and inserting in lieu thereof
"after this day."
Which was lost.
The motion to strike out was then agreed to.
SENATE.
34:3
Mr. Anderson moved to fill the blank with Monday, the
fith of January.
On which motion, the yeas and nays were required to
be recorded, and are—yeas 20, nays 16.
Those who voted in the affirmative are Messrs.
Anderson, Cone, Harman,
Beavers, Connelly, Harris,
Bethune, Day, Slaughter,
Bryan, Flewellen, "Wellborn,
Butler, Flournoy, Wilcox,
John L. Bird, Foster, Wright.
Coffee, Griggs,
Those who voted in the negative, are Messrs.
Philip M. Byrd, Little, Simmons,
Chappell, McRae, Stroud,
Crocker, Mosely, Tumlin,
Farris, Peed, Walthour,
Hicks, Boss, Wolfe.
Knight,
So the motion was agreed to.
Mr. Harman moved to lay the Resolution and substitute
on the table for the balance of the Session.
Which was lost.
The question then recurred upon the motion to agree to
the amendment.
Which was agreed to.
The Resolution as amended was then adopted.
On motion of Mr. Philip M. Byrd, the Senate took up
the Message from the House in relation to the disagreement
of the House to the amendment of the Senate to the bill of
the House to add a part of the counties of Murray and Floyd
to the county of Gordon, and to add a part of the county
of Randolph to the county of Stewart.
On motion of Mr. P. M. Byrd, the Senate receded from
its amendment.
The Senate took up, as the Report of the Committee of
the Whole, the bill to provide for the payment of wit¬
nesses in certain cases.
The Report was agreed to.
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 12, nays 26.
344 JOURNAL OF THE
Those who voted in the affirmative, are Messrs.
Beavers, Harman, Boss,
Philip M. Byrd, Harris, Wellborn,
Coffee, Little, Wolfe,
Parris, McKae, Wright.
~ Those who voted in the negative, are Messrs.
Anderson, Day? Peed,
Bethune, Flewellen, Simmons,
Bryan, Flournoy, Slaughter,
Butler, Foster, Stroud,
John L. Bird, Griggs, Tomlinson,
Calhoun, ' .Hicks, Tumlin,
Chappell, Knight, Walthour,
Cone, Moore, Wilcox.
Crocker, Mosely,
So the Bill was lost.
The Senate took up, as the Eeport of the Committee of
the Whole, the bill to define the liabilities of the several
Pailroad Companies of this State for injuries done to live
stock, or other property by the running of cars or locomo¬
tives, and to regulate the mode of proceeding in such cases,
and define their liabilities.
Which on motion of Mr. Mosely was postponed indefi¬
nitely.
On motion of Mr. Foster, the Senate took up the follow¬
ing Pesolution of the House of Representatives :
jResolved, That a Joint Committee from the Senate and
House of Representatives be appointed to examine into
the quantity of business before the Senate and House of
Representatives, and what number of Clerks are necessary
to be employed in each office of each House, and the value
of the services of each, and to report the fact.
On motion of Mr. Anderson, the Resolution was post¬
poned indefinitely.
The following Bills were taken, up, read the second time
and referred to the Committee of the Whole:
A Bill to alter and change the name of Robert Fenn,
formerly of Clark, now of Wilkinson county, to that of
William Robert Fenn.
Also, a Bill to establish an additional election precinct
at the Indian Spring, in Butts county.
Also, a Bill to relieve James J. B. Crawford, of the coun¬
ty of Madison from the disabilities and protection of mi¬
nority.
SENATE.
345
^ Also, a Bill to change the county lines between the coun¬
ties of Butts and Monroe.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives to com¬
pel the Clerks of the Superior and Inferior Courts and
Courts of Ordinary of the several counties of this State to
buy a seal of office for each of said Courts.
And on reading the second section, as follows:
Be it further enacted, That if any of the Clerks of the
Superior and Inferior Courts and Courts of Ordinary of the
several counties of this State shall neglect or refuse to buy
a seal of office as required by the first section of this Act
within six months after the passage of this Act, said Clerks
so failing or refusing, shall be guilty of a misdemeanor and
on indictment and conviction in the Superior Court, shall
be fined the sum of fifty dollars, one half to the prosecutor
and the other to county purposes.
Mr. Cone moved to amend by inserting the words " or
Ordinary," between the word "Clerks" and the words "so
failing."
Which was agreed to.
The Report as amended was agreed to%
The Bill was.read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to stop
the running of the Statute of limitations in all cases where
the defendant shall abscond or remove beyond the limits
of this State.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to alter
and amend.the twelfth section af the thirteenth division of
the Penal Code of this State, and for other purposes there¬
in contained.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
change the line of the Western and Atlantic Railroad, so
as to run through the town of Cassville.
Mr. Harman moved to refer the report to the Committee
on Internal Improvements.
Which was lost.
And on reading the second section, as follows :
Be it enacted, That in having the above route surveyed
the Chief Engineer or managers of the said Western and
Atlantic Railroad shall consult with the citizens of Cass¬
ville as to the most practicable route by said town, and
that when the route so surveyed shall be graded by the
346
JOURNAL OF THE
citizens of Cassville, at their own expense, and the right of
way thereof granted to the State of Georgia, the Chief En¬
gineer or managers of said road, so soon as they shall be in¬
formed of the same, shall immediately therealter have the
superstructure and iron laid down upon said route.
Mr. Harman moved to amend by adding the following:
At the expense of the citizens of Cassville, so that the
State of Georgia shall in no manner be put to any expense
either in surveying said route, grading said road, or pro¬
curing and placing the superstructure and iron thereon.
On which motion the yeas and nays were required to be
recorded, and are, yeas 18, nays 19.
Those whe voted in the affirmative, are Messrs.
Beavers, Flewellen, Moore,
Bryan, Foster, Ross,
Butler, Harman, Stroud,
John L. Bird, Harris, "Walthour,
Philip M. Byrd, Hicks, Willcox,
Crocker, Little, Wright.
Those who voted in the negative, are Messrs.
Bethune, Flournoy, Simmons,
Calhoun, Griggs, Slaughter,
Chappell, McCune, Tomlinson,
Coffee, McRae, Tumlin,
Connelly, Mosely, Wellborn,
Day, Reed, Wolfe.
Farris,
So the motion was lost.
Mr. Foster moved to amend by adding the following:
The citizens of Cassville to pay for the superstructure
and iron on the increased distance by reason of the altera¬
tion in the route, and the grading to be furnished and rea¬
dy for the superstructure in time not to delay the repairs
upon the Western and Atlantic Railroad.
Which was agreed to.
And on reading the third section as follows :
Be it enacted, That so soon as the route by Cassville
shall be completed, the Chief Engineer of said Western and
Atlantic Raidroad shall order the old line to be abandoned
and in lieu thereof to adopt the new route by the town of
Cassville.
Mr. Bethuue moved to amend by adding the following
proviso :
Provided, That the maximum grade of said new route
senate.
347
shall not exceed, nor the minimum curvature be less than
that now in use on the Western and Atlantic Railroad be¬
tween Atlanta and Kingston.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time.
Mr. Harman moved to recommit the bill.
Which was lost.
On motion of Mr. Cone, The bill was laid on the table
for the present.
On motion, the Senate adjourned until half-past nine
o'clock to-morrow morning.
WEDNESDAY, Dec. 31,1851.
The Senate met pursuant to adjournment.
Mr. Wellborn moved to reconsider so much of the Jour¬
nal of yesterday as relates to the rejection by the Senate
of the bill for the payment of witnesses in certain cases.
Which was lost.
Mr. McCune laid upon the table the following Resolu¬
tion, which was taken up and agreed to :
Wheeeas, The assets of the Central Bank have, during
the present session of the Legislature, been turned over to
the Treasurer of the State ; and whereas, the law turning
over said assets makes no provision for an increase of the
amount of the bond of the Treasurer:
Therefore Resolved, That the Finance Committee be
and they are hereby instructed to inquire into the pro¬
priety of reporting a bill to increase the bond of the Trea¬
surer for the reason aforesaid.
On motion of Mr. Reed, the Order was suspended, and
the bill of the House of Representatives to change the
line of the Western and Atlantic Railroad, so as to run
through the town of Cassville,
Was taken up and referred to the Committee on Inter¬
nal Improvements.
The Senate took up, as the Report of the Committee of
the Whole, the bill to change the county line between the
counties of Butts and Monroe.
The Report was agreed to.
The Bill was read the third time and lost.
The Senate took up, as the Report of the Committee of
the Whole, the bill to relieve James J. B. Crawford, of the
county of Madison, from the disabilities and protection of
minority. The Report was agreed to.
348
JOUENAL OP THE
When, on motion of Mr. Simmons, the bill was recom¬
mitted, and referred to a Select Committee, consisting of
Messrs.,Simmons, Little and McCune.
The Senate took up, as the Report of the Committee of
the Whole, the bill to alter and change the name of Rob¬
ert Fenn, formerly of Clark, now of Wilkinson county, to
that of William Robert Fenn.
Mr. Knight moved to amend by adding the following as
an additional section:
Be it further enacted, That the name of William O'Heel,
of Lowndes county, be changed to that of William Lind-
sey.
Which was agreed to.
Mr. Flournoy moved to amend by adding the following
as an additional section :
Be it further enacted, That the name of Mary Ann
Jane Perry be changed to Mary Ann Jane Kemp, and that
she shall be entitled to inherit any portion of the estate of
James Kemp, of Muscogee county, as fully as if she was
his natural and legal child ; and that an orphan boy, now
under the protection of Robert Kyle, which child has no
name, and whose parents are unknown, be made and con¬
stituted the lawful heir of the said Robert Kyle, and be
known and called by the name of Benjamin Allen Kyle.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Bill to revive and make of force an Act to incorpo¬
rate the Thomaston and Barnesville Railroad Company,
with power to construct a Railroad from some point on
the Monroe Railroad, at or near Barnesville, in Pike
county, to the town of Thomaston, in Upson county, and
to punish persons who may wilfully injure the same, and
to confer all corporate powers necessary to effect said ob¬
ject, assented to December 23d, 1839,
Was taken up, read the second time, and referred to the
Committee of the Whole.
The following bills of the House of Representatives were
taken up and read the first time :
A Bill to incorporate the Southern Hydropathic Insti¬
tute.
Also, a Bill to preserve the purity of public elections in
this State, and prevent Magistrates who hold county or
city or town offices, from presiding at county or city or
town elections, so far as relates to the county of Chatham.
Also, a Bill to amend the several Acts in relation to is¬
suing Grants oh Head Rights in this State.
. ^ Also, a Bill to carry into effect the amended Constitu¬
tion of this State in reference to the Ordinaries of said
State, and for other purposes.
senate.
349
Fifty copies of which were, oil motion of Mr. Harman,
ordered to be printed for the use of the Senate.
Mr. Dickinson reported a bill to legalize the adjourn¬
ment of Decatur and Baker Superior Courts.
"Which was read the first time.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate:
A Resolution authorizing and requesting the Governor
to withdraw the block of Marble transmitted to the Wash¬
ington Monument by the late Governor of this State, and
to forward another with the Arms of the State of Georgia
inscribed thereon.
Also, an Act to incorporate the town of Antioch, in
Troup county, and to provide for the election of Intendant
and Commissioners for the same, and to define their pow¬
ers, and for other purposes therein mentioned; also, to
amend the several Acts in relation to the city of Augusta,
and in relation to the elections therein.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President : The House of Representatives have
passed the following Bills, to-wit:
A Bill to amend the Act of 1838, regulating the taking
testimony in certain cases.
A Bill to secure the property of Minors against the mis¬
management of their Guardians by statute, by requiring
bond and security as in other cases of guardianship.
A Bill to authorize the relator in any writ of Mandamus
to traverse the answer or return of any person, officer,
corporation or court of this State, to any writ of Mandamus
issued by the Superior Courts of this State.
A Bill to repeal all laws heretofore passed, changing the
residence of citizens of this State from one county to an¬
other, without altering the boundary lines befween the
said counties.
A Bill for the relief of William G. Jacobs, of the county
of Gwinnett, and for the relief of Adeline E. Waller, for¬
merly Adeline E. Flowers, of Troup county.
A Bill to appropriate money to improve the navigation
of the Altamaha, Ocmulgee and Oconee Rivers, and to
appoint Commissioners for the same.
A Bill for the relief of Levi S. DeLyon and Asher
Ayres, and to authorize the Governor to draw a warrant
in their behalf.
A Bill to prescribe the mode of laying out private ways,
and for other purposes.
On motion of Mr. Mosely, leave of absence was granted
350 JOURNAL OR THE
to Mr. Luther J. Glenn, Secretary of the Senate, for a few
days on special business.
Mr. Foster laid upon the table the following Resolu¬
tion, which was taken up, read and agreed to :
Resolved, That Edward D. Chisolm be appointed Secre¬
tary joto tewi. of the Senate during the absence of the
Secretary. ^
Mr. McCune asked for and obtained leave of absence
for Mr. Tomlinson for a few days, after Friday, the 2d of
January, 1852.
On motion of Mr. Bethnne, the Senate took up the Re¬
port of the Committee on Finance relative to the Darien
Bank;
Which, on motion of Mr. McCune, was made the
special Order of the Day for 3 o'clock, P. M., of this day.
The following Bills of the House of Representatives
were taken up and read the first time:
A Bill to secure the property of Minors against the mis¬
management of their Guardians by Statute, by requiring
bond and security as in other cases of guardianship.
Also, a Bill to repeal all laws heretofore passed, chang-,
ing the residence of citizens of this State from one county
to another, without altering the boundary lines between
the said counties.
Also, a Bill to authorize the relator in any writ of man¬
damus to traverse the answer or return of any person,
officer, corporation or court of this State, to any writ of
mandamus issued by the Superior Courts of this State.
Also, a Bill to prescribe the mode of laying out private
ways, and for other purposes.
Also, a Bill for the relief of William G. Jacobs, of the
county of Gwinnett, and for the relief of Adaline E.
Waller, formerly Adaline E. Flowers of Troup county.
Also, a Bill for the relief of Levi S. DeLyon and Asher
Ayers, and to authorize the Governor to draw a warrant
in their benalf.
Also, a Bill to appropriate money to improve the navi¬
gation of the Altamaha, Ocmulgee and Oconee Rivers, and
to appoint Commissioners for the same.
Also, a Bill to amend the Act of 1838, regulating the
taking testimony in certain cases.
On motion of Mr. Harris, leave of absence "was granted
to Mr. Day from 12 o'clock on Saturday until 3 o'clock on
Monday.
Mr. J. L. Bird reported a bill to establish an election
precinct in the county of Warren, to be called Bermuda.
Which was read the first time.
On motion the Senate adjourned until 3 o'clock, P. M.
senate.
351
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Simmons, from the Select Committee to whom was
referred a bill'to be entitled an Act to relieve James J. B.
Crawford, of the county of Madison, from the disabilities
and protection of minority, reported that said Committee
had examined into the claims of said applicant for such
relief, and thereupon recommend the passage of said bill.
Mr. Foster, from the Committee on the Judiciary, made
the following Report:
Mr. President: The Committee on the Judiciary have
had under their consideration a bill to incorporate the
Georgia and Florida Railroad, and recommend that the
same be amended, and receive the favorable consideration
of the Senate.
Also, an Act to amend an Act to authorize the Governor
to appoint fit and proper persons to sell and dispose of the
undrawn lots in the Land Lotteries, &c., and report unfa¬
vorably on the same.
Also, a Bill to amend an Act to authorize the Guardians
of Minors to receive, recover and remove from the State
of Georgia property belonging to their wards, &c., and
report unfavorably on the same.
Also, a Bill in relation to carrying deadly weapons, and
recommend that the same be amended, and have the
favorable consideration of the Senate.
On motion of Mr. Simmons, the Senate took up, as the
report of the Committee of the Whole, the bill to relieve
James J. B. Crawford, of the county of Madison, from the
disabilities and protection of minority.
The Report was agreed to.
The Bill was read the third time and passed. •
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives,
to prohibit the sale of deadly weapons, and to prescribe
the manner of carrying the same, and to punish for a vio¬
lation of the same, and to repeal an Act to guard and
protect the citizens of this State against the unwarrantable
and too prevalent use of deadly weapons, assented to the
25th of December, 183T.
And on reading the first section as follows:
That it shall not be lawful for any person or persons
whatever to have or carry about their persons any pistols
(except horseman pistols) dirks, swords in canes, spears,
bowie knives, or any other kind of knives manufactured
and sold for the purpose of offence and defence, save and
except in the manner and mode hereinafter mentioned.
352
JOURNAL OF THE
The Committee on the Judiciary moved to amend by
striking off the letter " s " from the words " pistols, dirks,
swords, canes, spears, knives," and inserting before the
word " canes " the letter " a."
Which was agreed to.
Mr. McCune moved to amend by striking out the words
" sword in a cane."
Which was lost.
And on reading the third section as follows:
Any person or persons violating any of the provisions
of this Act, shall be guilty of a misdemeanor, and on con¬
viction shall be fined in the sum of not more than two
hundred dollars, nor less than one hundred dollars, at the
discretion of the court; and for the second offence shall be
fined in the sum of two hundred dollars, and imprisoned
in the common jail for the space of six months.
The Committee on the Judiciary moved to amend by
striking out all after the words " on conviction shall be,"
and inserting in lieu thereof the words " punished by fine
or imprisonment, or both, at the discretion of the court."
Which was agreed to.
The Report, as amended, was agreed to.
The Rill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the Bill of the House of Representatives, to
amend an Act entitled an A.ct to authorize the Guardians
of Minors to receive, recover and remove from the State
of Georgia, property belonging to their wards, or which
they may be entitled, in cases where such Guardians and
Minors both reside without the State, and to prescribe
the mode of doing the same, assented to December 25th,
1837.
The Report was agreed to.
When, on motion of Mr. Moore, the bill was recommit¬
ted to the Committee of the Whole.
Mr. Moore moved to refer the bill to the Committee on
the Judiciary.
Which was lost.
The Senate took up, as the Report of the Committee of
the Whole, the bill to incorporate the Georgia and Florida
Railroad Company, to secure to the same certain privi¬
leges, and for other purposes therein mentioned.
And on reading the seventh section as follows:
Be it further enacted, That the said Georgia and Flori-'
da Railroad shall have power and authority to enter into
and make contracts and purchases, negociate loans, issue
bonds or scrips, obtain credit, execute and deliver and re¬
ceive mortgages, make exchanges, and issue the notes of
said Company, or other choses in action, hold property,
real and personal, or both, and to purchase without re-
, SENATE, j 353
strain! or penalty any number of slaves,, and to dp Buch
things generally besides as they may deem most advisable
to facilitate the progress, of. said-work, and»aid said Com¬
pany in the completion thereof.
^, The Committee on the Judiciary moved tp .amend by
inserting between theJ words " and ,purchases," and thp
words "negociate loans," the,words " of slaves,"
Which was agreed to. . , , , -
Thp. Committee pn the Judiciary ;moved,-further k to
amend, by striking out all "between the Words " neggciate,
lpans," and the words " and'to do such things,":
Which, was agreed to. . , ..
The Committee on the Judiciary moved , further. to
amend, by adding the following as an - additional se.ction
He it further enacted, That nothing in, this. Act con¬
tained shall be so construed as to authorize said corporation
to exercise banking, privileges, or, to, dssne notps, . or scrips,
or other device for circulation as a medium,-of. pxchangp,
or to pass as money._
"Which was agreed to.
The Report, as amended, was agreed,.to.,,, ,, T
When, on motion- of.Mr. Flouimoy,. the bill iWas*;recom¬
mitted to the Committee on-.thp. tfudiciary,, •„ y i,;,; : '
The Senate took up as tlm.Heport, ,p£Ahe Committee of
the„ Whole,, the bill: of. ,th p - House ,pf tHeprps entatives. :to
amend an Act entitled ah Act to authorize the Gover^
nor to appoint fit and proper persons to sell and dispose
of the undrawn lots in the -Laud, Lotteries heretofore, had
in this State, and to limit the time for fraction pur¬
chasers to pay for , and take out theirgrants for fractions*
assented toddeceniber the 30_th,,J8d-7,,so far as to give fur-,
ther time to-.thp pgrchasers of saidrundrawn lots to-pay
up and to take;pnt;their grants.- , : d " '»«
The Report was -agreed to. ,, p: ■, y
When, on motion of Mr. Coffee,)the bill was; recent?
mitted to the, Committee of the Afholp. /.-Ad)
Mr. Fari'is, frpm/ the Committpp^pHf Internal Improve-?
ment, made the following Reportrw ;i r ,yd
Me. Peesident:—The Committee on Internal Improve'
ments, to whom,W.aP"?ef^rtedAbo hiULtblejbkangeitlieiin4.'of
the Western and Atlantic Railroad, so as to run through
the town of CassVille, have ha^itbor&l&e under consid'erh-i
tion, and beg leayd to report it, J>ackIto the.'Sedate with,
amendments,^and-ihecommend it3,p&s$age. *,tr. O
The Senate-tooV up as the ..Repoxt? of the Gouimbtep
of the Whole, the bill of the IIousO :0t Representatives-toi
change the line of the Western and Atlantic Railroad
through the town of Cassville. w Ji{[ o„ : vo
And on reading the following part of the second sec¬
tion i
23
JOURNAL OF THB
" The chief engineer or managers of said road, so soon
as they shall be informed of the same, shall immediately
thereafter have the superstructure and iron laid down upon
said route."
The Committee on Internal Improvements moved to
amend by striking out the word " immediately," and in¬
serting in lieu thereof the words " as soon as practicable."
"Which was agreed to.
And on reading the following part of the third section,
to-wit:
" Provided, that the maximum grade of said new
route "shall not exceed, nor the minimum curvature be less
than that now in use on the Western and Atlantic Rail¬
road between Atlanta and Kingston."
The Committee on Internal Improvement moved to
amend by adding the following words :
" And in all other respects the grading shall be equal to
that on the present road; Provided, further, that the dis¬
tance shall not be increased over one mile by reason of
said alteration."
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time,
And on the question, " shall this Bill now pass f the
veas and nays were required to be recorded, and are, yeas
26, nays 14.
Those who voted in the affirmative, are Messrs.
Beavers, Da7? Simmons,
Bethune, Dickinson, Slaughter,
Bryan, Rarris, Tomlinson,
Philip M. Byrd, Flournoy, Tumlin,
Calhoun, Knight, Walthour,
Chappell, McCune, Wellborn,
Coffee, McRae, Wilcox,
Connelly, Mosely, Wolfe.
Crocker, Reed,
Those who voted in the negative, are Messrs.
Butler, Harman, Moore,
John L. Bird, Harris, Rosa,
Cone, Hicks, Stroud,
Flewellen, Lawson, Wright.
Foster, little,
So the Bill was pasaed.
On motion of Mr. Bethune, the Senate took up the
SENATE.
355
special Order for 3 o'clock P. M., of this day, which was
the Report of the Committee on Finance relative to the
Darien Bank.
Which, on motion of Mr. Simmons, was laid on the
table for the present.
Mr. Simmons laid upon the tab'le the following Resolu¬
tion, which was taken up, read and agreed to:
Resolved, That the Committee on Finance be directed
to ascertain, if possible, whether any of the bills or other
liabilities, if any and what, and to what amount, and which
of the Bank of Darien were put in circulation or created
after the attempt was made to increase the relative lia¬
bility of the State for the debts of said bank, and report
the result of such examination to the Senate.
The following Message was received from the House of
Representatives by Mr. Sturgis, their clerk :
Mr. President: The House of Representatives have
passed ^
A Bill to add an additional section to the thirteenth di¬
vision of the Penal Code,
And I am directed to communicate the same forthwith
to the Senate.
On motion of Mr. McCune, the bill of the House of
Representatives, to add an additional section to the thir¬
teenth division of the Penal Code, was taken up an<J read
the first time.
Mr. Calhoun reported a bill to legalize and make valid
any process heretofore signed by any Deputy Clerks, or
which may hereafter be signed by them.
Which was read the first time. '
Mr. Wright reported a bill to confer upon the Inferior
Court of the county of Carroll, the power of examining
and allowing Tax Collectors insolvent lists.
Which was read the first time.
Also, a Bill to incorporate Carrollton Chapter, Ho. 22,
of Free and Accepted Masons.
Which was read the first time.
On motion, the Senate adjourned until half past 9 o'clock
to-morrow morning.
350 JOURITAJk -OF THB
THIfBSBAT, January 1852.,
■ The Senate .met pursuant to, adjournment.
^ V', . t") F.* ( '
, Messrs. Mosely, Harris and John H: Bird,, asked and ob¬
tained leave; to record their yotesupon the passage of " the
Biff" - of the House: of,Representatives-,;to»,cbange.the line
of, ,the Western and ,AtlanticHailrqadj so as fo run through
the-1 town .of Caspyif^/anct their ,votes, were aooprdingly re¬
corded. up.on-.fbe Jownal;of yesterday.;>My. -Mpselyis in
the affirunafivej7 and^ePprs^Harris' gpd dLohn.X1- Bird's in
the .negative, 1 l.V, *v -r.-.^r v\ uuici7i*.'T<
The Senate took, up,.M. the j^epprt.pf the, Pomjimttee of
the, Whole»,fhe»Bdl tp. re^iro.-and^ anahpqof force ;am Act to
incorporate ta$..• JUilcpad
OomP^ny,j with, power to K^iJsp^t|j'qmrtgowie
point on the Monrbe Kailroad, at or near Barnesvillp4 ...in
Pa,kqpopntyj to, thefown^.of !£kemastqi% dn,IJpp©p,wupty,
and to punish persons who rnay wilthljjdnjure?tbe pam©,
and to, confer ,pll:,eprppr^5P^wer;si:neeepsary te,^frept;§aid
object, assented to December 23d, 1839. tt, }%M^ -,i
, ,Mr^,hawppn w°K?d |q aip^pdj ^fey adding the; .following
as:an.^dition§)j6e§tipm#.ij/s.D.e na hba <J f't-lw, i „li
with any grant made to any other Company hy -the State.
:Whieh VTap._agre.ed,'ttCKr ,,j jrp; ,
. . The, Bepprf a§ <5TO$W!s 'was -.agreedfpv.; -;.: »,;
The Bill was^re^SSe• B&sseA' \ *-r,
The following Message was-j received |)a»P the House of
., LMRvlHm2^E^lr^The+ Hpuse; of, ^epr.eppnfpfiyes dbfyp
passed the follo^PgjMd^^W'^if O > s.T • <:.r"'d «
A Bill for the relief of etbp,tepcherp 9l:PP<& of
the ^Tmty0pf^80^fe$ie Stiff-3£4dr£ o<. f:._; ,y e ,±a
Aiso, a Bill to amend the htion, to publiq sales.
Also, a Bill to fix the fees,p£..Sh eri ffspriceyleyymg
of&cers in certain cases therein specified.
:4 o4¥p, ,aj Jh]P3 f p.pilp.W; thq imping pf y xecqtion s > "Hp peytain
C&S0S. ^ r »^^- ' *> > ,Yi-+. |t. ,
Also, a Bill to authorize a grant to issue to William P.
Hightower, of Campbell county, for fraction number one
hundred and fifty-one, in the eighth district of originally
Coweta now Campbell county.
Also, a Bill to regulate the mode of sueing the bonds of
executors, administrators, and guardians.
Also, a Bill to provide for taking the census of the State
of Georgia, in pursuance of the requirements of the twenty-
fifth section of the first article of the Constitution of the
State of Georgia.
SENA*#. 35?
Also, a Bill th'reduce th<?f Sheriff's* bond' ib the'county
of Madison*.-' ' f; - •'- \ \ >•" f *'< •: ?■ ••' ' '* 1
t; Also,-a'Billto incorporate thetoWn.of Jefferson; jack-
eon county, and appoint commissioners for thesafne..
The Senate took up,: as'the Report of the' jOommittee of
the Whole, the Bill to provide-for a full return of- the.,ef¬
fect! vemilitia strength of .this State'.' - '
And on reading the second section, ds follows :" .1 '}/t ■'''
■ Be it furtheii -enacted, -That if any person shall-fail or
refuse, to give in to the Receiver Of returns pf 'taxable.'pro*
pertyPthe number of persons in his. or her family subject
to militia duty as aforesaid, such ^petsomshdl]be' liable to
be returned as a defaulter, -and subject ,to double taxi as
in* case of a fabu're' to make a • return ofr taxable property^
and the same shall be collected, as pointed out,in the Sev¬
eral tax laws of this State how'of force.1 Aiid if any per¬
son shall wilfully make a false return of "the same, such
person 'shalfbOliable to, a- four fold, tax-by way-of penalty,
to be recovered by infdfinatibnrdh dhe' Superior OoUrt of
the county where the offence is committed. f>
: Mr. Simmons moved to amend by striking out the word
ufail.-,? (
On -which -motion,, the: yeas and hays 'w"ere-re<juired to
be recorded, and are—yeas lB^haySr2l!.' ^ - p ; - ''
Those who -voted :in the a'ffi rma'ti ve, are Messrs.
Beavers, . Harris; •. Reed;
Bryan, -Lawson, . Simmons, 1
Butler, ;• Littl«, : . Stroud, ./• -
Chapped,: MeCune, Tomlinson,
Coffee," _ , McRea, . Wilcoxj •
Crocker,. . Moore, Wright, . .
Those ,who: voted.in the negative-, ate Messrs. .
Bethune, Farris, • . .. Knight,.
John L- Bird., .--. Flewellen,- . Mosely, •,
Philip Mi Byrd, , Flo.urnqy,: Mo%-
Calhoun, Foster, ,r Slaughter,
Qon% Mriggs;: r • ' £mnknt
Connelly, Ilardeman^, i Walthour,
Dickinson,; Micks, . , Wolfe. :> *.
So jhe motion was lost.;
Mr. j^oore ^bved i to -amenj jby inserting between the
word dopbleY and the,W9r j " tax,?' the, word " poll.?' . •
, * Which was agreed to. r- ■ W, rr
. The Report as ^amended was .agreed; to,^
358
JOURNAL OF THR
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the hill to regulate the vending of medical
nostrums, and for other purposes.
Which, on motion of Mr. Simmons, was referred to the
Select Committee on Corporations.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole :
A Bill to incorporate Carrollton Chapter, No. 22, of
Free and Accepted Masons.
Also, a Bill to establish an election precinct in the
county of Warren, to be called Bermuda.
Also, a Bill to confer upon the Inferior Court of the
county of Carroll, the power of examining and allowing
Tax Collectors insolvent lists.
Also, a Bill to legalize the adjournment of Decatur and
Baker Superior Courts.
Also, a Bill to legalize and make valid any process here¬
tofore signed by any Deputy Clerks, or which may here¬
after be signed by them.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate:
An Act to legalize the November adjourned terms,
1837, of the Superior Courts of the counties of Heard and
Troup, and to authorize the Clerks of the Courts of Cobb
to transfer certain papers to the Clerks of the Courts ol
Paulding, and to suspend for a limited time an Act to
compensate Grand and Petit Jurors of the several coun¬
ties herein named, assented to December 23d, 1837, so far
as regards the county of Hall, and to authorize the Infe¬
rior Court of Paulding to draw Grand and Petit Jurors in
certain cases and for certain purposes.
Also, an Act to alter and amend the twelfth section of
the thirteenth division of the Penal Code of this State, and
for other purposes therein contained.
Also, an Act to. stop the running of the statute of limi¬
tations, in all cases where the defendant absconds or re¬
moves beyond the limits of this State.
Also, an Act to add a part of the counties of Murray and
Floyd to the county of Gordon, and to add a part of the
county of Randolph to the county of Stewart, and to
change the line between the counties of Cass and Polk.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
amend an Act entitled an Act to authorize the Governor
to appoint fit and proper persons to sell and dispose of the
undrawn lots in the land lotteries heretofore had in this
State, and to limit the time for fraction purchasers to pay
SENATE.
559
for and take ont their grants for fractions, assented to De¬
cember 30th, 1847, so far as to give farther time to the
purchersers of said undrawn lots to pay up and take out
their grants.
For which Mr. Coffee offered the following as a substi¬
tute :
A Bill to extend the time for purchasers of fractions and
square lots of land, sold under the provisions of an Act,
assented to 30th December, 1847, " to authorize the Gov¬
ernor to appoint lit and proper persons to sell and dispose
of the undrawn lots in the land and gold lotteries hereto¬
fore had in this State, and to limit the time for fraction
purchasers to pay for and to take out grants for fractions,"
to pay for and grant the same under certain conditions.
When, on motion of Mr. McCune, the bill and substi¬
tute was postponed for the present.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives to
amend an Act entitled an Act to authorize the Guardians
of minors to receive, recover and remove from the State of
Georgia, property belonging to their wards, or which they
may be entitled in cases where such Guardians and minors
both reside without the State, and to prescribe the mode
of doing the same, assented to December 25th, 1837.
And on reading the second section as follows :
Upon all application by the said non-resident Guar¬
dians, under the provisions of the before recited Act, it
shall and may be lawful for the Court of Ordinary, or the
Superior Court before whom the cause may be heard, to re¬
fuse said application, judgment or decree, as in the discre¬
tion of said Court may be to the interest of said non-resi¬
dent ward, any law to the contrary notwithstanding.
Mr. Moore moved to amend by inserting between the
words " non-resident wards" and the words " any law to
the contrary," the following words: " Provided, however,
Objection be made to the Court by any person as next
friend of the minor to the removal of property applied
for.
Mr. Hardeman moved to amend the amendment by ad¬
ding thereto the following words: " Upon the ground that
the existing law has not been complied with."
When, on motion of Mr. McCune, the bill and amend¬
ment were postponed indefinitely.
The following Bill of the House of Representatives
was taken up, read the second time, and referred to the
Committee on the Judiciary:
A bill to add an additional section to the tenth division
of the Penal Code of this State.
The following Bills of the House of Representatives were
360
JOUENAX/- oV THE
taken up, read the second time, and referred to the Com¬
mittee of the Whole i'
i,v.A Billto seonr^ the property of minors against the mis¬
management of their Guardians, by statute, by requiring
bond and security, as inr other cases of guardianship.
Also, a bill to incorporate the Southern Hydropathic In-
"flfcitutei ro ' ■ < • ■ 1 ' '
-Also-, a bill to-prescribe* the mode1 of-laying out private
ways, and for other purposes. > 1
■i* Also, a bill to amend the several Acts in relation to issu¬
ing^grants on head rights in this Statu;
Alsoi, a Bill to authorize the relator in any writ of man¬
damus-to traverse jthe answer or; return • of any person,
officer,; corporation or court >of this "State, to any writ of
mandamus issued by the Superior Courts of this State.
Also, a Bill for the relief of William G. 'Jacobs, of the
county of "Gwinnett, and. for rthe relief of AdalinC E.
Waller, formerly, Adaline E; Flowers of !Troup county. •
,< f^JsbiA Bill for--the relief of -Levi S* DeLyon and Asher
Ayres,-and to .authorize! the Governor to draw a warrant
in their,behalf!?..1 , . . -
Also,iaBid to-appropriate money to improve- the navi¬
gation of the Altamapa, Ocmulgee and Oconee Rivers, and
to appoint Commissioners for, the, same.
Also, a Bill ta amend the Actof, 1838, regulating the
taking testimony in certain cases.
Also, a ^ill to repeal all, laws heretofore passed, chang¬
ing the residence of citizens of. this State from one county
to another, without altering the boundary lines between
the. said counties. ,
Also, a'Bill to preserve the purity pf public elections in
this State, and prevent .Magistrates who hold county or
.city or town offices, from presiding at cpunty ,or, city or
town elections," so far as relates to .the. comity of Chatham.
... The ,following bills of the House,of [Representatives were
taken up and read the .first fime :, . .. <
A bill .to,reduce the Sheriff's bonds in the county of
Madison.
Also, a bill to authorize a grant to issne to William P.
Hightower, of Campbell Cbunty, for fraction number one
hundred and fifty-one, (i51,) in the eighth district of ori¬
ginally Coweta now Campbell county.
' Also, a bill to incorporate the town of Jefferson, Jack¬
son county, and to appoint commissioners for the same..
Also, a billto provide for'taking the census of the State
of Georgia, in! pursuance of the' requirements of the twenty-
fifth section of the first article of the Constitution of the
State of Georgia; ~ •
Also, a bill for the relief of the teachers of poor children
senate. 361
of the county of Upson, for the year eighteen hundred and
fifty.
Alsov' a hillf'to' fix*the fees of Sheriffs and other leVying
officers,, in certain "cases therein specified.:
Also; a bill bp allow.the issuing of executions in certain
cases: :: ... ™.
Also, a hill to.amend the law in relation to public sales.
Also,, a hill"" to regulate the in ode of sueing the bonds of
executors, administrators and guardians."
On motion-, the Senate adjourned until 3 o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Mp. Farris reported a hill to authorize the Justices of
jthe Inferior Court of Dade county, to levy an extra tax.
*•; Which was-^read the-first time- ^ r j .. .. ^ i
Also, presented .the. claims ofJ Matthew McCauley, and
Thomas J. Payne, against thefWusternf an d Atlantic: Rail¬
road, ' "* ?
Which, on his motionvwere referred to the Committee
On Internal Improvement^'without being read.
" On motion'of Mr. Moore," the-Senate took up and read
the second time, i . "
The hill pfi the-House, of' Eepresqntatives to.carry,into
effect, the amended Constitution of th'is. State, in reference
to the Ordinaries of said State, and for other purposes.. •
h Mr. Bethune,ffrOm the Committee off."Finance,, made the
folio wirig Report f 1 „ V '
• Mk.-President : The Committee onPinance hayemade
an effort .to comply with a ^Resolution'of the Senate," di¬
recting them " to ascertain, if possible, whether any of the
hills or other liabilities, if any, and what, and to what
amount, and which of the Bank of Darien were put in cir¬
culation on credited after the attempt waS.made to increase
the relative liability Ofthe State for the debts-of said Bank.."
Below will be; found a schedule of the;jiidgnients, with
the date at which they were obtained, and- the.; nature Of
the claim. upon which they were" founded, likewise the
other claims upon certificates with their date.;
This information is to be found in the Report of the Di¬
rector of the Central Bank, 3n obedience to at- Resolution
ofthe General Assembly, assented to 29th December, 1847.
so
CO
Infmor of
Bank State of Georgia,
Bank of Milledgeuille,
a u
Mechanics Bank,
Insurance and Trust Co.
Planters Bank,
Wm. Robertson,
M. Pendergrast,
Bank Augusta,
Chapman & Ross,
Insurance & Banking Co.
D. B. Nichols,
W. B. Johnson & Co.
Stephen Jones,
Wilson Bird,
L. J. Gartrell, Agent,
Bank Hamburg,
T. Metcalf,
Wright, Bull & Co.
JUDGMENTS VS.
A/tnownt.
$12,764 93
852 45
2,210, 00
13,001 39
4,117 31
27,395 00
1,166 52
327 24
13,602 00
BANK OF DARIEN.
When obtained.
December Term, 1840.
September Term, 1843.
" " 1844.
March term, 1848.
July term, 1841.
December term, 1840.
March term, 1844.
April term, 1842.
December term, 1842.
CERTIFIFICATES OF DEPOSITE.
1,200 00 Dated August 9th, 1839.
3,550 00 Dated April 14th, 1840.
200 00 Dated May 23d, 1839.
560 00 " January 23d, 1840.
105 00 " May 24th, 1840.
100 00 " July 13th, 1839.
200 00 " September 30th, 1839.
100 00 " April 24th, 1839.
100 00 " April 23d, 1839.
9,672 57 " March 15th, 1842.
120 00 " April 13th, 1839.
3,080 00 " May 13th, 1840.
1,914 00 " May l^th, 1841.
6,837 70 " May 22d, 1841.
Founded on.
Protested checks.
Collections.
Darien notes.
Collections for notes.
U C£
Bills Exchange.
Darien notes.
Deposite in Dahlonega, of gold.
Darien notes.
Not specified.
Darien notes.
Certificate of deposite.
Darien notes.
Bill Exchange.
senate.
363
Your Committee have here given the date of the pre¬
sentation of claims, under a resolution of the General As¬
sembly of 1845. Some $700,000 of the bills of the Bank
of Darien were burnt by direction of the Governor. Among
those bills were doubtless most, if not all the bills upon
which these claims, upon notes, were founded. Your
Committee being unable to find the book in which the
bills deposited in the Bank of Darien and branches were
registered, if registered at all, are forced to abandon the
hope of being able to inform the Senate, which, how many
of what denomination, and at what date such bills were
issued by the Bank.
Mr. Harman, from the Select Committee appointed to
enquire into the propriety of removing the Penitentiary,
made the following Report:
Me. Pksident:—The Committee appointed under a
Resolution of the Senate, to enquire into the expediency
of removing the Penitentiary from Milledgeville, beg
leave to Report:
That they have made such enquiries as they were ena¬
bled to do, and find that there is every reason in favor of
its being removed from its present location.
The extreme difficulty in obtaining materials to operate
on, and which cannot be done at all, only at very high
prices, the difficulty in finding sale for the work done, to¬
gether with the usual high prices for provisions at Mil¬
ledgeville, clearly evidence to the minds of your Commit¬
tee, that the Institution will be - at its present location an
increasing expense to the State. To remedy some of thes^
evils, your Committee would suggest the propriety of re¬
moving the Institution to some point on the Western and
Atlantic Railroad, believing* that some point there may
be selected where materials and provisions may be more
easily and cheaply obtained, and where the convict labor
can be more profitably disposed of, and they would suggest
that the location be so made as to enable the State to have
a track of the Railroad to go into the Penitentiary, so that
a portion of the convict labor may be employed in making
and repairing the engines and cars belonging to said Road.
Your Committee are unable to suggest any particular
point on said Road for said location, and suggest that a
Committee of five be appointed by his Excellency the
Governor, to select a suitable location on said Road for
the erection of a new Penitentiary, and they beg leave to
Report the annexed Bill for the purpose of carrying out
the above views.
All of which is respectfully submitted.
Mr. Harman reported a Bill to provide for the erection
o'f a new Penitentiary, and for the selection of a site for
the same.
364 JOUBNAl 'OF THB
"r'^lii6ti first tifaae.^
. '^o^tor laiid np^ft tlie -tabl^^He^ollO^ifegReSdliitibii i
" 'Resolved df the' 'Sendt^'Ond^Jfonse of ftpresentafives,
of- t?i&ft'dt& '"of- Gedfgitt, 'in] VefePal lAsseinblg 7pety That
Dbvernbf "be, aM'ffe'is Mreby required,
to','appoint;a' botami^sion of, 'fhrh£'indi vidUals,^ whbsd1 duty
it snail fee toinvesiigute theclaims 'still unsatisfied against
the' 'Datibh'Bafek, apd'dlso'^thb liability1 of the1 State of
Geot^'ia1 tp p^y'thie sabre, fin wlfe>l$r'-thrift1 part,- add that
iijoPfi" the! award' of' said 0ebnhrhissioft',' hisExeellency the
Governor pay' to-Sxielilpefsohsfes' • shallbe found' bonafide
creditors of said Ban^:, such sum as sfibll be'found1 to be
PbligatPfy' qq-ftife :Stat^-'o$ -Gebrgid, 6utr' of :/fmyfJhhoiiey in
tbb iVeastfry Which:mhy be appropriated for1 that purpose.
And in the event of no such fund in ;Scfip,'signed bykhn-
feelf 'ah' befealf of the State; 'under-Executive seal', bearing
'ah^htefedt'of s^yhii pef-ce^hni'^etI'ahn;nm. * •' •
oil'., rjii:t-i n- .i ,r< •.- ,. ■.•>!* . n u
On motionfthe Senate adjourned until half past-9 o'clock
tb!-hiOtibw hTofnihgi l: - '" '
-v FRIDAY, January 2d, 1852.
■h YIil "Senatei met" pursuant 'to adjournment,
ho.oi1 <fJ *:ru"h i\ n. . i: (. !, -
!' On motion, of Air.', Flburnoy^ tbeiSeftafe reconsidered 60
mneh k>f th© Jpurnal'.of yesterday aS, relates to the.indefinite
postponement :qf the bill .of the House 'of; Representatives
td amend hii Act do authorize the / Guardians, of Minors to
receive,- recover and remove from-the State of Georgia pro¬
perty 'belonging to- their Wards, or which they may be en¬
titled in all'cases •where such Guardians and Minors Both
reside Without thP State',! and. txi-prescribe the mode of do¬
ing the same', asseiitcd.ta Decefiiber, 25th,.1837. ,
-1 f ilf. Knight reported a bill'to compel per&ons owning five
thousand ormoreacres' of.land v lying in Clinch county, to
give'iii and pay faxes-for the same in. said .county.
"Which was read the first time;:. ■" i,,
"_Mk Chapped reported abil 1 to: auth orize William Horton
to' practiedmedieme and'charge for,the same.
■i: Which .Was read: the first.time. . . ». v....'
- Oft motion of Mr.' McGimey ,thh Senate took, up as the
report pf the Committee of the. Whole!, the bill, of the House
of Representatives to amend an Act entitled an Act to au¬
thorize the Goverrior Ifoiappoiht fit- and proper persons to
sell-and1 dispose -of 'the; undraWn.lbtsin. the',land lotteries
heretofore had, iit this State,' and f o limit the time for frac¬
tion purchasers to pay for and take out their grants forfrac-
,,, 365
tions, assented iP^Qmlipr|;3^t]i,,48^7i,,,so. far a§ .to.giye
farther time/tp the purchasers of said, iiri4r^Wh Jots fojiay
up and take out tneir grants,-,and -ffip ^ubstifu.te) fpfiered
■therefor by,jMr. Coffee.,. ]"■ ['.i*
Mr. Simmons moved to amend the^utiptijtatei hy adfjing
the following as an additional section,,; , j h Vi n" • • ' '
•Me it further enacted^ Thaton; andafter the first day of
JyAe next, lot.ofAand number sixfyvin the seventh, district
of Gvyinnett county, drawn, by Stephen Murray, qf,Burke
county, shall if not previously granted, re vert, to the State^
and shall be sold by order of , the Governor ,atpuBllp pntcry,
before the 'Court House, door of said ppunty^, at snchfjm^mcjl
.under .such rules,and ,regulaf ioDnas ho, G.hJAPPAUGund
on dhe? purchaser (^applying with the terms, of ,sucfi sale* a
grant 6nall issue of such land to such purcbash/V
Which, was agreed top ,r,„■, 3, „ ^ ^ i
The substitute as amended was received, ,
The.Keport as agreed
..•The Bill was readthe. third tirrie and,passed:
,\jlbe> following message-w%-received
Repr-esentafiyes-; by Mia,Stnrgis'their f: Ar„., r
* BnnsibEN'i:; fit®: If °lG9 •• n'f-. .f^Pf^entafiyes ^haye
passed the fpUowiug-bill^, to^ wit; j /, , v>r/J p., G
• A, Bill to, amend,an Act entitled,ant], Act - jtq popipef the
several Banks of this-1 State; to redeem- thMtdiabilitfeBin
,sEpeci,e,,^nd to.-proyidh a^rfedfuyoBf' spoH ^ipay jrpfnse,
assentpd «tq on the1 l£t;h, ,day tof, ;Dece|nberj dM.b t an,
A.ct entitled an Act forAheyeliefrof wBipii
havp expended spe.qio
proceedings jjayejbjeerijinsfitiited, for tne^Ojrf^qr<e0 efbheir
charters^assepted todned^tApfDecember, ana^so,
an :,Act .-further .aniendaio^pCo sanf r tp. 99
IherfMbM 184^,1 iy/;; J^.K, poibj/iui
;,,.}4lsOj» a; Bill tpfJP'■?!$&'
Bon to ,th£'jn£orpofaj46p$^
.couhfy, sOjasAaexfedS G9Pt
.po^ratp .au^onitles, pf §a'id, WMty&i 3OT$si§irjw i
Ajao-,raj®-ii to^incoyp^yate. 199%
ted;iniiTfoup county*,,Wdife
:.A^Oi;.aBiy to,extend, 9
Cxfqrd,; c^t%juiUIan#
therein emb^aeeq, fipm^auy iT$$c °k i. tU^aB9Ph99
agconnt o/]beiuiIbPfeyao
;i Aiso*-.aBi ii.to ainen
an Act to incorporate the South-Western Aailroad CorQf
papy4 with;pd>y,erftPbfl?iM43^W^efrdP[
county of Bak§rtt^Ei4Jf0^i Wtef
or to points below those places on the "^rld
fflifne
the eame, ass'entect to 'December the 27th, 1845, and for
366
JOURNAL OF THE
other purposes ; approved February 23d, 1850.
Also, a Bill to incorporate the Americus Female Insti¬
tute, in the county of Sumter.
Also, a Bill to alter the times for holding the Inferior
Courts for the counties of DeKalb and Carroll.
Also, a Bill to extend and define the corporate limits of
of the town of FTewnan, in the county of Coweta, to pro¬
vide for the election of Intendant and Commissioners for
the same, to define their powers, and for other purposes
therein named.
Also, a Bill for the relief of James Gibson, of the county
of "Wilkinson, and to authorize and require the Governor to
draw his warrant upon the Treasury in favor of said Gib¬
son, or his agent, for the sum of nineteen hundred and two
dollars and two cents:
Also, a Bill to incorporate the Greensboro' Female Col¬
lege, in the county of Green, and to appoint Trustees for
the same, and to authorize the Trustees of Greensboro' Fe¬
male Academy to convey by deed the lot of land in the
town of Greensboro' or adjacent thereto, whereon the Fe¬
male Academy now stands, in such manner as they may
deem proper, and to authorize the Trustees of Bihh county
Academy to dispose of Bibb county Academy.
A Bill to be entitled an Act to' incorporate the Borne
Branch Magnetic Telegraph Company.
On motion of Mr. Moore, the Senate proceeded to the re¬
consideration of the special order of the day, which was the
Bill of the House of Representatives to levy and Col¬
lect a Tax for each of the political years 1852 and 1853.
And on'reading the second section as follows:
Be it further enacted, That the terms "real estate," as
used in this Act, shall be construed to include land itself,
all buildings or other articles erected upon or affixed to
the same; all mines, minerals, fossils and quarries inland
under the same, except mines belonging to the State, and
the term "personal estate" as used in this Act shall be con¬
strued to include all chattels, monies, debts due from sol¬
vent debtors, whether an note, bill, draft, judgment or
mortgage or open account, goods, wares and merchandize,
capital invested in shipping or tonnage, or capital other¬
wise invested, negro slaves, pleasure carriages, public stocks
and stocks in monied corporations; also, such portion of
the capital of incorporated companies liable to taxation on
their capital as shall not be invested in real or personal es¬
tate. *
Mr. John L. Bird moved to amend by striking out the
words "except mines belonging to the State."
Which was lost.
Mr. Walthour moved to amend by inserting between the
SENATE.
367
word "monies" and the word "debts" the words "actively
employed."
Which was lost.
And on reading the third section, as follows :
Be it further enacted, That the following property shall
be exempted from taxation, towit: All exempted from
taxation by the Constitution of this State, or under the
Constitution 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 for public
worship, every school house and jail, and the several lots
whereon such buildings are situated, and all the furniture
belonging to each of them, all books and philosophical ap¬
paratus, 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 personal estate belonging to any charitable insti¬
tution or connected with the same, the real and personal
estate of any public library, and other literary associations,
all stocks owned by the state and by literary and charitable
institutions, also, all plantation and mechanical tools, all
household and kitchen furniture, not above the value of
three hundred dollars, not held for the purpose of sale or
aa merchandize, family libraries, all poultry, and two hun¬
dred dollars value of other personal property belonging to
each tax payer, and also, the annual crops and provisions
of the'^ citizens of this State, and the holder or owner of
stock in any incorporated company liable to taxation on
his capital shall not be taxed as an individual for such
stock.
Mr. McCune moved to amend by striking out between
the word "merchandize" and the word "libraries" the word
"family," and inserting in lien thereof the word "all."
Which was agreed to.
Mr. Foster moved to amend by striking out the words
"and two hundred dollars value of other personal property
belonging to each tax payer."
Which was lost.
Mr. John L. Bird moved to amend by striking out be¬
tween the words "value of," and the words "hundred dol¬
lars" the word "three."
Which was lost.
Mr. Connelly moved to amend by striking out the words
"not above the value of three hundred dollars."
On which motion the yeas and nays were required to be
recorded, and are, yeas nays 35.
Those who voted in the affirmative, are Mewr*.
368
Beavers,
Connelly,
JOURNAI, OP THB
, Foster,; Walthonr,
Those who voted, in the negative are Messrs.
Bethune,
Bryan,
Butler, .
John L. Bird,
Philip M. Byrd,
Calhoun,
Chappell, ;
Coffee, ;*
Cope,
Crocker,*
Hay, ; ; : ,
Dickinson,...
.F arris, ,
, Flewellen,
Flournoy, ,
Hardeman,.
Harman,.
. JIarris, "
Hicks,
Knight, ,
- Lawson,;
Little, . .
McCune,
McBae,
idoore, . y ,
. .Mosely,
', Heed,
■ • Boss, .
. Simmons,
Slaughter,
r Stroud,, .
Wellbpim,,
-WillcQx,
Wright.
So the motion Was,lost,
:Mr.'ChlhbUn mqt^d, to amend by striking out"between'
the words ^vhlue of other,"' and the words "property; be¬
longing'' the words "personal."
On which motion t^e yeas and nays were require^ to bo
recorded,"hnd are,-[yeas .31', hays 10, . ,, * V
Those Who voted' in the affirmative, are Messrs.
■ LV I,'';.. ' • I - J;
Anderson, n "•!
Beavers,< ' -
Bethune, ?' •'
Bryan,
John L. Bird,
P. M. Byrd,
Calhoun*"1
Chappell,
Coffee, *
Cone," ; -
Crocker,
ODiekihson,
'Flewellen,'
Flournoy',
Foster,
' Hardeman^'
Harman^ •
•=■ Hicks,--:' ■
Lawson,
■ Little,-' -J->
:MeCune; :-
Mediae,
1 Moore,
'MoSely,'
Beed,
Stroud, '
Tumlin,'
Walthour,
Wellborn,
Wilepx,' ■
'Wright.1
Simmons,
Slaughter,
.-.Those whorvoted mthemegative, ure-Messrs.
Butler, ' " Harris,
Connelly, Knight,
Bayv ..,-0;'; f
Farns, <
So the motion"was agreed tpr,
Mr. Hannap .moved to amend by striking out the words
"annual cfojte* • " ; ^ -
SBJTATBL
sea
"Which. was lost.
Mr. Cone moved to amend by inserting between the
words "of this State" and the words "and the holder or
owner" the words "and all fire arms and other instruments
and all munitions of war not held as merchandize."
Mr. Connelly moved to amend the amendment by add¬
ing thereto the words "and wearing apparel of the tax pay¬
er and family."
The amendment as amended was agreed to.
And on reading the fifth section, as follows:
Be it enacted, That all monied or stock corporations de¬
riving income or profit from their capital or otherwise, ex¬
cept as before excepted, shall be liable to taxation.
Mr. Harman moved to amend by adding the words "un¬
der this Act."
Which was lost.
And on reading the sixth section, as follows:
Be it enacted, That each and every free person of color
in this State, between the ages of eighteen and fifty shall
be taxed annually the sum of five dollars.
Mr. J". L. Bird moved to amend by inserting between
the word "free" and the "person" the word "male."
Whicn was lost.
And on reading the seventh section, as follows:
Be it enacted, That the sum of five dollars shall be lev¬
ied upon all practitioners of Law or Physic or Dentistry.
Mr. McCune moved to amend by adding thereto the
words "or Daguerrean Artists."
Which was agreed to.
And on reading the eighth section, as follows :
Be it enacted, That each and every male citizen between
the ages of twenty-one and sixty years, shall be taxed an¬
nually hereafter, twenty-five cents.
Mr. Wellborn moved to strike out the word "sixty."
Which was lost.
And on reading the eleventh section, as follows:
Be it enacted, That the Receiver of Tax Returns shall
require all persons to give in each and every tract or parcel
of land he or she may own, specifying its location, quality
and the number of acres if known, and the aggregate value
including the value of the buildings, machinery or toll
bridges on the same, a classification of the personal estate
subject to taxation as defined in the second section of this
Act, specifying the number of negro slaves, and their ag-
fregate value, all other chattels, moneys,. debts due or to
ecome due from solvent debtors in whatsoever form in the
aggregate, and each classification shall be entered in sepa¬
rate columns.
Mr. Wellborn moved to amend by .inserting between the
24
370 JOURNAL OF THIS
word "location" and the word "quality" the words "num¬
ber, district and section, if known."
Which was lost.
Mr. Bethune moved to amend by inserting between the
word "bridges" and the words "on the same" the words
"or ferries." Which was agreed to.
Mr. P. M. Bird moved to amend by adding at the close
of the section the following words: "And proceed forthwith
to levy and assess a tax on each tax payer's return as here¬
in directed to be made after the following rate per cent.,
to-wit: one-fifteenth of one per cent, on the aggregate val¬
ue of real estate and negro slaves, one-tenth of one per cent,
on money in hand, notes at interest and stock in trade, and
one-twefth of one per cent, on all other property denomina¬
ted personal and taxable under the provisions of this Act,
together with the other taxes prescribed by this Act.
On which motion the yeas and nays were required to he
recorded, and are, yeas 15, nays 20.
Those who voted in the affirmative, are Messrs.
Beavers, Connelly, Boss,
Bryan, Fiewellen, Wellborn,
Butler, Harris, Willcox,
Philip M. Byrd, Little, Wolfe,
Coffee, McRae, Wright.
Those who voted in the negative, are Messrs.
Anderson, Farris, Moore,
Bethune, Flournoy, Mosely,
John L. Bird, Foster, Simmons,
Calhoun, Hardeman, Slaughter,
Cone, Harman, Stroud,
Crocker, Hicks, W althour.
Day, Lawson,
So the motion was lost.
Mr. Harman moved to amend by adding at the close of
the section the following words, to-wit: "jProvided, such
tax pa}rer may be permitted to deduct from the value of
his estate the amount of his or her indebtedness."
Mr. Foster moved to amend the amendment by adding
thereto the words "to persons within the State of Georgia."
Which was agreed to.
Mr. Wellborn moved further to amend the amendment
by inserting between the word "her" and the word "indebt¬
edness," the words "Jona fide."
Which was agreed to.
senate. 371
Mr. Simmons moved further to amend the amendment
by striking out the words "value of his estate" and insert
ing in lieu thereof the words "amount due him or her."
Which was lost.
The question then recurred on agreeing to the amend¬
ment as amended.
On which motion, the yeas and nays were required to
he recorded, and are—yeas 20, nays 20.
Those who voted in affirmative, are Messrs.
Beavers, Harm an, Boss,
Butler, Knight, Walthour,
John L. Bird, Lawson, Wellborn,
Coffee, Little, Wilcox,
Cone, McCune, Wolfe,
Connelly, McBae, Wright.
Foster, Moore,
Those who voted in the negative, are Messrs.
Anderson, Day, Mosely,
Bethune, Dickinson, Beed,
Bryan, Farms, Simmons,
Philip M. Byrd, Flournoy, Slaughter,
Calhoun, Hardeman, Stroud,
Chappell, Harris, Tumlin.
I Crocker, Hicks,
The President voting in the negative, so the motion .was
lost.
On motion, the Senate adjourned until 3 o'clock, P. M.
Three o'Clock, P. M.
The Senate met pursuant to adjournment.
And proceeded with the unfinished business of the morn¬
ing, which was the bill of the House of Bepresentatives to
levy and collect a tax for each of the political years 1852
and 1853.
Mr. Beed moved to amend the eleventh section by in¬
serting between the word "value" and the words "all other
chattels" the words "and the aggregate valueand strike
out between the words "whatsoever form" and the words
"and each" the words "in the aggregate."
Which was agreed to.
872
JOURNAL or THH
Mr. Foster moved to amend by strikiug out the whole of
the section as amended and insert in lieu thereof the fol¬
lowing :
Be it further enacted, That the Receiver of Tax -Returns
shall require all persons to give in each and every tract of
land he or she may own, specifying its location, quality and
number of acres if known, and the aggregate value, includ¬
ing the value of the buildings, machinery or toll bridges
and ferries on the same, as appendages to said land, the
number of negro slaves and their aggregate value, and the
aggregate value of all other property of every description
ex 1 1 ifore excepted.
And on readingthe thirteenth section, as follows:
Be it enacted, That it shall be the duty of the several
Tax Receivers within this state to take in all taxables here¬
inbefore enumerated, and enter the 6ame in his book or
digest with the appraised valne thereof following the clas¬
sification specified in the second and eleventh sections of
this Act, and return a copy of the 6ame, made out in faj
and legible hand writing, to the Comptroller General, arl
one to the Clerk of the Inferior Court, on or before the fid
day of July in each year, in which digest shall he carefully
made out, an abstract stating each subject of taxation, the
amount of aggregate value of each, the number of acres of
land, number of slaves, polls, free persons of color, profes¬
sions, &c. ,
Mr. Harman moved to amend by inserting between (ie,
word "Court" and the words "on or before the first day,1'
the words "and Tax Collectors."
Which was agreed to.
Mr. Anderson moved to amend by adding at the close
of the section, the words "Dentists and Daguerrean Artists."
Which was agreed to.
And on reading the fourteenth section, as follows: ^
Be it enacted, That when the Comptroller General ell;,
have received said digests, he is hereby required to exau^
ine the same carefully, to detect any error or errors therein^
contained, and having corrected the same, if any shall fie
found to exist, he shall then foot np each column and as¬
certain the aggregate amount of each and all the digests,
andreportthe same to his Excellency the Governor, who
with the assistance of the Comptroller, shall assess such
a rate per cent, on the entire amount as will raise an amount
of revenue corresponding to the wants of the State, aid
notify the several Tax Collectors throughout the State of
the rate per cent, so imposed, and the amount to be collect¬
ed by him in each county.
Mr. Walthour moved to amend by inserting between the
words "rate per cent." and the words "on the entire" tfi«
SBJTATB. 373
•ords "not exceeding one-twelfth of one per cent."
Mr. Anderson moved to amend the amendment by strik-
lg out the word "twelfth" and inserting in lieu thereof the
rord "tenth."
"Which was lost.
The question then recurred upon agreeing to the amend-
ent of Mr. "Walthour.
Which was agreed to.
And on reading the sixteenth section as follows:
Be it f urther enacted, That the amount of tax to be paid
raually to the State upon the amount of real and person-
estate taxable under this Act, shall be one-twelfth of one
jr cent., which shall be levied and collected and accounted
>r, according to the existing laws, together with the poll
.,x and tax on practitioners of law and medicine, free ne-
":oes and Dentists.
"Mr. Reed moved to amend by adding at the close of the
;ction the words "Daguerrean Artists."
L Which was agreed to.
' Mr. Simmons moved to amend by striking out between
e words "act shall" and the words "one-twelfth" the word
e" and inserting in lieu thereof the words "not to ex-
ed."
Which was lost.
And on reading the seventeenth section, as follows :
Be it further enacted, That it shall be the duty of the
fnptroller General, with the assistance of the Treasurer,
pr the returns of the taxes have been made by the Tax
reivers of the several counties in this State, to make an
imate of the sum total of taxes which will be raised un-
r this A.ct, according to the per cent, assessed, and if it
"raid appear that the sum total should exceed the amount
'•taxes required by this Act to be raised, then the Comp¬
iler General shall issue his circular directing the Tax
I-Uectors of this State to make such deduction in an equal
trio upon everything taxed according to value as will re-
jje the sum total of taxes as nearly to the amount requir-
fby this Act to be raised as is practicable, the Comptroller
it scifying the per cent, deduction necessary to be made.
LlJlr. McOune moved to amend by striking out the whole
jjl'tion.
J, Which was lost.
jfjLnd on reading the nineteenth section, as follows :
i^eit enacted, That to net the digest as provided for in
{jf! seventh section of the Act of. 1845 for the Receivers,
„tt default list shall be deducted, and for the Collectors
3[t( insolvent list shall be deducted from the total amount
be digests.
Air. Flournoy moved to amend by adding at the close of
i,0(.section the words "and that all taxes due and payable
374
journal of the
under any of the provisions of this Act shall be paid in
gold or silver, or in the bills of specie paying banks of tliis
State."
."Which was agreed to.
And on reading the twenty-first section, as follows:
Be it enacted, That nothing in this Act shall be so con¬
strued as to relieve Banks, Railroads or Agencies ol Foreign
Banks from any special tax heretofore assessed on tliera or
any of them.
Mr. Harman moved to amend by adding at the close of
the section the following words : "Except the A! aeon and
Western Railroad Company, the Rome Branch Railroad
and other Railroad Companies of this State, the tax on
which shall be one-half of one per cent, on their respective
annual net profits."
Which was lost.
Mr. Cone moved to amend by striking out all after the
enacting clause, and inserting in lieu thereof the following
as a substitute:
Sec. 1. Be it enacted, That all land or real estate through¬
out the State of Georgia shall be assessed according to its
value, that is to say, that all persons giving in or returning
land or real estate to the several Receivers of Tax Returns
of this State, shall return the same according to itsmarhet
value, and when any person shall fail or refuse, and all de¬
faulters failing or refusing to give the value of their lands,
the Receiver shall in such case assess the value there®
from the best information he can obtain, and shall levjl
tax of one-tenth of one per cent., or ten cents on every hun¬
dred dollars worth so returned or assessed, that the term
land, or real estate, as used in this Act shall be construed
to include land itself, all buildings or other articles erected
upon or affixed to the same, all minerals, fossils, quarries in
and under the same; Provided, that nothing in this Act
6hall be so construed as to interfere with cities, towns or lofj;
known as town property.
Sec. 2. Be it further enacted, That all slaves through-'
out the State of Georgia, as provided for in the Act passed
12th December, 1804, and the several Acts to which this
Act is amendatory, shall be returned according to the mar¬
ket value, that is to say, that all persons returniig any
slave or slaves in the several counties of this State shall er-
turn the same, the number and the market value of such
slave or slaves, and the Receiver of Tax Returns as afore¬
said shall levy a tax of one-tenth of one per cent on the
value of such slave or slaves.
# Sec. 3. Beit further enacted, That each and every male
citizen between the ages of twenty-one and sixty, be taxed
annually the sum of twenty-five cents.
Sec. 4. Be it further enacted, That each and every free
senate, 37&
aegro, or free person of color in this State, between the ages
af eighteen and fifty shall be taxed annually the sum of
five dollars.
Sec. 5. JBe it further enacted, That from and after the
Brst clay of March, 1852, each negro or person of color
nominally a slave, who by any contract or bargain and sale,
or pretended bargain and sale, after the date aforesaid may
be held or owned by any white person, said negro or per¬
son of color not being over sixty years of age, or valueless
from decrepitude or disease, shall be taxed one hundred
and fifty dollars, and every person when making his or her
return shall state on oath what negro or negroes he or she
holds in the right of and for the benefit of such negro, and
for each and every negro so held, shall pay the tax of one
hundred and fifty dollars as above.
Sec. 6. And be it further enacted, That from and after
the first day of March, all owners or hirers of slaves, who
shall permit said slave or slaves to hire his or her or thier
time from said owners or hirers at any period during the
year, shall pay a tax of one hundred dollars on each and
every slave so hiring his or her or their own time ; Provi¬
ded, That the giving in said slave or slaves as taxable pro¬
perty to Tax assessors by said owner or hirer shall in no in¬
stance be used as evidence against said owner or hirer in
an indictment under the existing laws of this State to per¬
mit said hiring; Provided, That nothing in this Act shall
operate in the city of Savannah, to prevent porters, laborers
or others from working out, under the ordinances of said city.
Sec 7. And be it further enacted, That a tax of thirty-
one and a quarter cents shall be paid by the Memphis Branch
Railroad for each and every hundred dollars of the stock
of said Road, to be returned and paid into the Treasury
in the same manner, and at the time required by law in
relation to tax on the capital stock of banks, with the
same penalty in case of failure.
Sec. 8. And be it further enacted, That each President
of the different Banking Companies in this State be and
they and each of them shall return, on oath, the amount
of circulation they have out in bills, checks, drafts, or
other evidences of debt, under the denomination of five
dollars, not authorized by law, and that they pay a tax of
ten per cent on the largest amount of illegal circulation,
in circulation at any time within one year next before
making such return.
Sec. 9. And be it further enacted, That a tax of fifty
cents is hereby imposed on each sulkey and buggy ; a tax
of one dollar on rockaway, coach or close carriage; a tax
of four dollars on each two horse stage; a tax of six dol¬
lars on each stage working over two horses, and a tax of
ten dollars on each omnibus.
m jottbhal of thb
Seo. 10. And be it further enacted, That each and every
agent of any foreign bank, or individual residing in an¬
other State doing business in this State, shall, on or before
the first Monday in each and every year, make a return on
oath to the Treasurer of this State of the highest amount
of loans, or paper discounted, or exchange purchased by
him or running to maturity, at any one time during twelve
months immediately preceding such returns; and it shall
be the duty of such agent to pay into the Treasury of this
State, free from all cost or charge whatsoever, the same
rate of tax upon one-third of sucn highest amount so re¬
turned by him as aforesaid as is now imposed or may
hereafter be imposed by law upon the chartered banks of
this State, and shall be enforced and collected in the same
manner.
Seo. 11 And be it further enacted, That a tax of five
cents per head shall be assessed upon all cattle owned by
the citizens of Florida, and kept within this State.
Seo. 12. And be it further enacted, That the Tax Re¬
ceivers and Collectors shall receive the same compensation
now allowed by law, except the county of Chatham, whose
Collector shall receive the same commission as now allowed
to counties whose digest is less than ten thousand dollars,
and to net the digest as provided for in the seventh sec¬
tion of the Act of 1845, for the Receivers the default
shall be deducted, and for the Collectors the insolvent list
shall be deducted from the total amount of the digest.
Seo. 13. And be it further enacted, That all laws and
parts of laws on the subject of taxes not inconsistent with
the provisions of this Act, be and the same are continued
in full force.
Seo. 14. And be it further enacted, That the President
of the Georgia Railroad shall, on or before the thirty-first
day of December, 1852, pay into the Treasury of this
State as a tax for the year 1852, on oath, one-half of one
per cent on the net annual income of the stock of said
Road and its branches, under the penalty of double tax
for his refusal or neglect to do so, to be collected by exe¬
cution to be issued by the Treasurer.
Seo. 15. And be %t f urther enacted, That the increase
of the capital of the Georgia Railroad and Banking Com¬
pany, authorized by. the Act of the present session of the
General Assembly, be and the same is hereby taxed thirty-
one and a quarter cents on every hundred dollars worth.
Seo. 16. And be it f urther enacted, That the President
of the Central Railroad do pay into the Treasury of the
State, on oath, on or before the thirty-first day of Decem¬
ber, 1852, one-half of one per cent on its net annual in¬
come, under the penalty of double tax, to be collected by
execution to be issued by the Treasurer.
S3B5TATB.
Sua 17. And be it further enacted, That the President
of the Macon and Western Railroad shall, on oath, on or
before the thirty-first day of December, 1852, pay into the
Treasury of this State a tax of thirty-one and a quarter
cents on each hundred dollars of the amount of its stock
actually paid in as a tax on the capital stock of the afore¬
said Railroad and its appurtenances and furniture, under
the penalty of a double tax, to be collected by execution
to be issued by the Treasurer. *
Seo. 18. And be it further enacted, That each and every
of the Presidents of the aforesaid Railroad Companies
shall make like payments on the thirty-first day of Decem¬
ber in each and every year hereafter until this Act shall
be repealed; Provided that no banking capital employed
by the Georgia Railroad and Banking Company, and the
Central Railroad and Banking Company shall, by any con¬
struction of this Act, be exempt from future taxation at
the discretion of the Legislature, and the tax on net pro¬
fits shall only be on the net profits of the Railroad.
Mr. Harman moved to amend the substitute by striking
out the whole of the seventeenth section, and inserting in
lieu thereof the following, to-wit:
Be it further enacted, That the Macon and Western
and Rome Branch Railroad, shall pay the one half of one
per cent, on the net income of said roads.
Which was agreed to.
The question then recurred upon receiving the substi¬
tute as amended.
Which was rejected.
The question then recurred upon agreeing to the Report
as amended.
Which was agreed to.
The Bill was read the third time,
And upon the question, " Shall this Bill now pass f
the yeas and nays were required to be recorded, and are,
yeas 22, nays 18.
Those who voted in the affirmative are Messrs.
Anderson, Flournoy, McRae,
Bethune, Foster, Moore,
Calhoun, Hardeman, Mosely,
Crocker, Harman, Simmons,
Day, Harris, Slaughter,
Dickinson, Hicks, Stroud,
Farris, Lawson, Wright,
Flewellen,
Those who voted in the negative, are Messrs.
378
journal 01 thb
Beavers,
Bryan,
Butler,
John L. Bird,
Philip M. Byrd,
Chappell,
Coffee,
Cone,
Connelly,
Knight,
Little,
Reed,
Ross,
Tumlin,
Walthour,
Wellborn,
"Wilcox,
Wolfe.
. So the Bill was passed.
The following Message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Mr. President :—The House of Representatives have
passed
A Bill to amend an Act entitled an Act to authorize all
free white citizens of the State of Georgia, and such others
as they may associate with them, to prosecute the business
of manufacturing with corporate powers and privileges,
passed December 22d, 1847, so far as the Hancock Manu¬
facturing Company are concerned, and to incorporate said
Company, and grant certain privileges to said Company,
And I am directed to communicate the same forthwith
to the Senate.
Mr. Ilarman asked for and obtained leave of absence
for Mr. Connelly for a few days on special business.
On motion the Senate adjourned until 7 o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate took up, as the Report of the Committee of
the Whole, the bill to incorporate Carrollton Chapter, Ho.
22, of Free and Accepted Masons.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to legalize the adjournment of Decatur
and Baker Superior Courts.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to confer upon the Justices of the In¬
ferior Court of the county of Carroll, the power of exam¬
ining and allowing Tax Collectors insolvent lists.
Mr. Byrd moved to amend by inserting " Hall county."
Which_was agreed to.
Seven o'clock, P. M.
SENATE.
379
Mr. Harris moved to amend by inserting " Lee."
"Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to establish an election precinct in
the county of Warren, to be called Bermuda.
Mr. McCune moved to amend by adding the following
as an additional section :
^ Be it f urther enacted, That two additional election pre¬
cincts be and the same are hereby established in Coweta
county; one at the place of holding Justices' Courts in 992d
district Georgia Militia, in said count}*, and the other at the
place of holding Justices' Courts in and for the 762d dis¬
trict, G. M., in said Coweta county; and that the election
precinct now existing by law at the house of Daniel Goode,
senior, in Goode's district in Campbell county, be and the
same is hereby removed to the place of holding Justices'
Courts in said district; and that an additional election
precinct be and the same is hereby established at the In¬
dian Spring in Butts county.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to legalize and m#ke valid any process
heretofore signed by any Deputy Clerks, or which may
hereafter be signed by them.
The Report was agreed to.
The Bill was read the third time and passed.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole:
A Bill to authorize the Justices of the Inferior Court of
Dade county to levy an extra tax.
Also, a Bill to provide for the erection of a Hew Peni¬
tentiary, and for the selection of a site for the same.
On motion of Mr. Lawson the Senate took up, as the
Report of the Committee of the Whole,'the bill to incor¬
porate the Henderson and Marthasville Plank Road and
Turnpike Company.
Mr. Mosely moved to amend by adding the following
as an additional section :
And be it further enacted by the authority aforesaid,
That if it becomes necessary for said Plank Road to cross
any public road, or take along any public road, the said
Plank Road Company shall, at their own expense, make a
good and sufficient crossing , pi ace where the public road is
crossed, and clear out a good and sufficient road by the
side of said Plank Road, in all cases when any public
road is taken by said Company, and on their failing to
S80
JOURS AL OF THB
comply with the provisions of this section, the said Plank
Road Company shall be subject to the same pains and pen¬
alties as now inflicted by the laws of this State upon per¬
sons obstructing public highways.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives for
the relief of William G. Jacobs, of the county of Gwinnett,
and for the relief of Adeline E. Waller, formerly Adeline
E. Flowers, of Troup county—Mr. Knight in the chair.
Mr. Miller moved to amend by adding the following
as an additional section :
Be it enacted, That Lewis C. Pearson, of Richmond
county, (whose wife Mary S. Pearson, has been divorced
from him,) be and he is hereby permitted to marry again
without incurring any legal penalty thereby.
On which motion the yeas and nays were required to be
recorded, and are, yeas 22, nays 13.
Those who" voted in the affirmative are Messrs.
Beavers, Dickinson, Little,
Bethune, Farris, McRae,
Butler, Flewellen, Simmons,
Calhoun, Flournoy, Tumlin,
Coffee, Harris, Walthour,
Cone, Hicks, Wilcox,
Connelly, Knight, Wolfe.
Crocker,
I
Those who voxed in the negative, are Messrs.
Anderson, Lawson, Ross,
Bryan, McCune, Slaughter,
John L. Bird, Mosely, Wellborn,
Philip M. Byrd, Reed, Wright.
i>ay>
So the motion was agreed to.
Mr. Wolfe moved to amend by adding the following
as an additional section :
" Be it further enacted, That Susan Jackson, of the
county of Randolph, formerly Susan Stanley, be entitled
to all the privileges and benefits of this Act.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time ;
SENATE.
381
And on the question, " Shall this Bill now pass ?" the
yeas and nays were required to he recorded, and are, yeas
24, nays 12.
Those who voted in the affirmative, are Messrs.
Beavers, Farris, Reed,
Bethune, Flewellen, Simmons,
Butler, Flournoy, Tumlin,
Calhoun, Harris, Walthour,
Coffee, Knight, "Wellborn,
Cone, Little, Wilcox,
Crocker, McRae, Wolfe,
Dickinson, Moore, Wright.
Those who voted in the negative, are Messrs.
Anderson, Connelly, McCune,
Bryan, Day, Mosely,
John L. Bird, Hicks, Ross,
Philip M. Byrd, Lawson, Slaughter.
So the Bill was passed.
The Senate took up, as the! Report of the Committee of
the Whole, the bill of the House of Representatives to in¬
corporate the Southern Hydropathic Institute.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
amend the Act of 1838, regulating the taking testimony
in certain cases.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
amend the several Acts in relation to issuing Grants on
Head Rights in this State—Mr. Knight in the chair.
Mr. Miller moved to amend by adding the following
as an additional section :
Beit further enacted, That in all cases where surveys
have been made, and grants issued for lands described by
the County Surveyor, and in sa;d grante as is lying in the
county of Richmond, which after the issue of such grants
have been, ascertained by a more accurate survey of the
county line, to lie in the county of Columbia, in whole or
in part, the said surveys and grants shall be as good
and valid, to all interests and purposes, as if the said
382
JOTJRSTAXi OF THB
lands had been in said surveys and grants properly de¬
scribed. Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Bill of the House of Representatives to regulate
the mode of sueing the bonds of Executors, Administra¬
tors and Guardians, was taken up, read the second time,
and,
On motion of Mr. Cone, was referred to the Committee on
the Judiciary.
The following Bills of the House of Representatives
were taken up, read the second time, and referred to the
Committee of the Whole :
A Bill to allow the issuing of executions, in certain
cases.
Also, a Bill to amend the law in relation to public sales.
Also, a bill to fix the fees of Sheriffs and other levying
officers, in certain cases therein specified.
Also, a Bill for the relief of the teachers of poor children
of the county of Upson, for the year 1850.
Also, a bill to authorize a grant to issue to William P.
Hightower, of Campbell county, for fraction number one
hundred and fifty-one, (151,) in the eighth district of ori¬
ginally Coweta now Campbell county.
Also, a bill to incorporate the town of Jefferson, Jack¬
son county, and to appoint commissioners for the same.
Also, a Bill to reduce the Sheriff's bond in the county
of Madison.
Also, a bill to provide for taking the census of the State
of Georgia, in pursuance of the requirements of the twenty-
fifth section of the first article of the Constitution of the
State of Georgia.
The following Bills of the House of Representatives
were taken up and read the first time:
A Bill to extend the corporate limits of the town of
Oxford, in Newton county, and to exempt certain lands
therein embraced from any additional rate of taxation on
account of being embraced in said corporate limits.
Also, a Bill to amend an Act entitled an Act to amend
an Act to incorporate the South-Western Railroad Com¬
pany with power to extend branches to Albany, in the
county of Baker, and Fort Gaines, in the county of Early,
or to points below those places on the Chattahoochee and
Flint Rivers, and to punish those who may wilfully injure
the same, assented to December the 27th, 1845, and for
other purposes ; approved February 23d, 1850.
Also, a Bill to incorporate the Rome Branch Magnetic
Telegraph Company.
Also, a Bill to incorporate Brownwood University, loca¬
ted in Troup county, and to confer powers on the same.
SENATE.
383
Also, a Bill to incorporate the Greensboro' Female Col¬
lege, in the county of Green, and to appoint Trustees for
the same, and to authorize the Trustees of Greensboro' Fe-,
male Academy to convey by deed the lot of land in the
town of Greensboro' or adjacent thereto, whereon the Fe¬
male Academy now stands, in such manner as they may
deem proper, and to authorize the Trustees of Bibb county
Academy to dispose of Bibb county Academy.
Also, a Bill to amend the several Acts of force in rela¬
tion to the incorporation of the town of LaGrange, Troup
county, so as to extend and define the powers of the cor¬
porate authorities of said town, and for other purposes.
Also, a Bill to alter the time of holding the Inferior
Courts for the counties of DeKalb and Carroll.
Also, a Bill to incorporate the Americus Female Insti¬
tute, in the county of Sumter.
Also, a Bill for the relief of James Gibson, of the county
of Wilkinson, and to authorize and require the Governor to
draw his warrant upon the Treasury in favor of said Gib¬
son, or his agent, for the sum of nineteen hundred and two
dollars and two cents.
Also, a Bill to extend and define the corporate limits of
of the town of Newnan, in the county of Coweta, to pro¬
vide for the election of Intendant and Commissioners for
the same, to define their powers, and for other purposes
therein named.
Also, a Bill to amend an Act entitled an Act to autho¬
rize all the free white citizens of the State of Georgia, and
such others as they may associate with them, to prosecute
the business of manufacturing with corporate powers and
privileges, passed on the 22d day of December, 1841, so
far as the Hancock Manufacturing Company is concerned,
and to incorporate said Company, and to grant to said
Company certain privileges.
Also, a Bill to amend an Act entitled an Act to
compel the several Banks to redeem their liabilities in
specie, and to provide a forfeiture of such as may refuse,
assented to on the 18th day of December, 1840; and an
Act entitled an Act for the relief of certain Banks which
have suspended specie payments, against which Judicial
proceedings have been instituted for the forfeiture of their
charters, assented to the 10th of December, 1841; and also,
an Act further amendatory of said Acts, assented to on
the 13th of December, 1842.
On motion, the Senate adjourned until half-past nine
o'clock to-morrow morning.
jouehax, or this
SATURDAY, January 3d, 1852.
The Senate met pursuant to adjournment.
Mr. Wellborn moved to reconsider so much of the Jour¬
nal ot yesterday as relates to the action of the Senate upon
the Bill of the House of Representatives to levy and col¬
lect a tax for each of the political years 1852 and 1853.
On which motion, the yeas and nays were required to
be recorded, and are—yeas 16, nays 25.
Those who voted in the affirmative, are Messrs.
Beavers, Cone, Walthour,
Bryan, Connelly, Wellborn,
Butler, Little, Wilcox,
John L. Bird, Ross, Wolfe,
Philip M. Byrd, Tumlin, Wright.
Chappell,
Those who voted in the negative, are Messrs.
Anderson, Plournoy, McOune,
^ Bethune, Foster, McRae,
Calhoun, Hardeman, Moore,
Coffee, Harman, Mosely,
Crocker, Harris, Reed,
Day, Hicks, Simmons,
Dickinson, Knight, Slaughter,
Farris, Lawson, Stroud.
Flewellen,
So the motion was lost.
Mr. Anderson, from the Committee on Internal Improve¬
ments, made the following Report:
Mr. President : The Committee on Internal Improve¬
ments have considered the bill to " provide means for the
equipment, &c., of the Western and Atlantic. Railroad,
and report the same, with the following amendment, to
come in at the end of the first section :
" Which shall be audited in such manner as the Gover¬
nor shall direct before they are paid."
Mr. Bryan reported a bill to authorize the Ordinary of
Wayne county to keep his office at his own residence.
Which was read the first time.
Mr. Bethune reported a bill to add a portion of the
county of Hancock to the county of Baldwin, and to change
the line between said counties.
Which was read the first time.
S8S
Mr. Wright reported a bill to alter and change the line
of the county of Spalding, so as to include a small portion
of the north-west corner of Monroe, in the county of
Spalding.
Which was read the first time.
Also, a Bill to change the line between the counties of
Pike and Spalding, so as to include two ranges of lots now
in the county of Spalding, from Flint River to the Fayette-
ville road, in the county of Pike.
Which was read the first time.
Mr. Foster, from the Committee on the Judiciary, made
the following Report:
Mb. President : The Committee on the Judiciary have
had under consideration a bill entitled an Act to provide
for the election of all the Judges of the Superior Courts
by the people of the State of Georgia, ana recommend
that the same be amended.
Also, a Bill entitled an Act to alter and amend the
twentieth section of the fourth division of the Penal Code,
and recommend the same to be amended.
Also, a Bill to be entitled an Act to amend ^nd explain an
Act to point" out the mode for the collection of Rente, and
recommend the same to the favorable consideration of the
Senate.
All which is most respectfully submitted.
On motion of Mr. McCune, the bill, of the House of
Representatives to carry into effect the amended Constitu¬
tion of this State in reference to the Ordinaries of said
State, and for other purposes,
Was taken up, and referred to the Committee on the
Judiciary.
The Senate tool-c up, as the Report of the Committee of
the Whole, the bill to authorize the Justices of the Inferior
Court of Dade county to levy an extra tax.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to alter and amend the twentieth sec¬
tion of the fourth Division of the Penal Code of this State,
to define the mode of procuring and attempting to pro-
cure an abortion, and to prescribe the punishment for said
offence.
The Committee on the Judiciary moved to amend by
striking out all after the enacting clause, and inserting in
lieu thereof the following:
" That if any person, with intent to procure the miscar¬
riage or abortion of any woman, then being with child,
whether said woman be quick with child or not, shall un¬
lawfully administer, or cause or procure to be adminis¬
tered or taken by her, any poison or other noxious thing;
25
S86 JOt^AL OF THIS
or with such intent shall unlawfully use or cause to he
used any instrument or other means whatever, whether
such miscarriage or abortion shall be procured or not,
every such person offending, and every person counselling,
aiding or abetting therein, shall be guilty of —- , and
upon conviction thereof shall be punished by imprison¬
ment at hard labor in the Penitentiary, or such other place
as the Governor may direct, for a time not less than
years, nor more than years.
Mr. Simmons moved to amend the amendment by filling
the first blank with the word " misdemeanor."
Which was agreed to.
Mr. Harmah moved further to amend the amendment
by filling the second blank with the word " five," and the
third blank with the word " fifteen."
Which was agreed to.
He also moved further to amend the amendment by
adding the following proviso thereto, to-wit:
Provided this Act shall not apply to such cases where
it shall clearly appear that the producing of such abortion
or miscarriage was to save the life of the mother.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The following bills were taken up and read the second time
and referred to the Committee of the Whole :
A Bill to authorize William Horton to practice medicine
and charge for the same.
Also, a Bill to compel persons owning five thousand
or more acres of land lying in Clinch county, to give in
and pay taxes for the same in said county.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Ma. President : The House of Representatives have
passed the following Bills, to-wit:
A Bill to incorporate the Georgia Mechanical and
Manufactural Institute in the city of Macon, and to confer
certain privileges upon the same.
Also, a Bill to authorize the Rock Island Factory of
Muscogee county to issue and sell the bonds of the Com¬
pany, and secure the same, and for other purposes therein
named.
Also, a Bill for the relief and benefit of Jemima Green
of the county Irwin.
Also, a Bill to authorize and require the Justices of the
Inferior Court of Walton county to pay Thomas G.Wood,
of Walton county, a sum of money for teaching the poor
children of said county in the year 1819.
Also, a Bill for the relief of the estate of James Mapp,
deceased, of Green county.
bjknaTE. 337
Also, a Bill to prescribe the mode of compensating tbe
Jurors of the Superior and Inferior Courts of the counties
of Lumpkin, Habersham and Murray.
Also, a Bill to allow Margaret Young, late Margaret
Oliver, to marry again, and for her relief.
On motion of Mr. McCune, the Senate went into Com¬
mittee of the "Whole upon the bill of the House of Repre¬
sentatives, to provide for the election of all the Judges of
the Superior Courts by the free white people of the State
of Georgia, and for other purposes therein named—Mr.
Harman in the chair; and after some time spent therein,
On motion of Mr. Cone, the Committee rose and re¬
ported the bill with amendments.
On motion of Mr. Hardeman, the Report was taken up,
and
On motion of Mr. Slaughter, the Report was made the
special order of the day for Tuesday next, the 6th inst.
On motion, the Senate adjourned until 3 o'clock, P.M.
Three o'Clock, P. M.
The Senate met pursuant to adjournment.
Mr. Foster, from the Judiciary Committee, made the
following Report:
Mr. President : The Committee on the Judiciary have
had under consideration a bill to add an additional
section to the Penal Code of this State, and direct me to
report the same back to the Senate with an amendment.
Mr. P. M. Byrd asked for and obtained leave of absence
for Mr. Slaughter until Tuesday, the 6th instant.
Mr. Moore asked for and obtained leave of absence for
the Messenger for a few days, on special business.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
prescribe the mode of laying out private ways, and for
other purposes.
Which, on motion of Mr. McCune, was referred to the
Committee on the Judiciary.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to add
an additional section to the tenth division of the Penal
Code of this State.
The Committee on the Judiciary moved to amend by
striking out all after the words " white man and," and in¬
serting in lieu thereof:
" Woman of color, of any shade of complexion, whether
388 JOURNAL OF THE
free or slave,. "who shall live together in a state of adultery
or fornication, or of adultery and fornication, such white
man shall he guilty of adultery or fornication, as the case
may he, and he indicted for the same, and on conviction
shall he fined or imprisoned in the common jail of the
county, or hoth, at the discretion of the court; Provided
such fine shall not exceed two hundred dollars, and such
imprisonment he longer than three months."
Mr. McCune moved that the hill and substitute he post¬
poned indefinitely.
Which was lost.
The question then recurred upon agreeing to the amend¬
ment of the Committee on the Judiciary.
On which motion the yeas and nays were required to
he recorded, and are—yeas 19, nays 16.
Those who voted in the affirmative, are Messrs.
Anderson, Crocker, Reed,
Beavers, Farris, Tumlin,
Bethune, Foster, Walthour,
Bryan, Hardeman, W ellborn,
Butler, Harman, Willcox,
Calhoun, Knight, Wright.
Cone,
Those who voted in the negative are Messrs.
John L. Bird, Flournoy, McRae,
Philip M. Byrd, Hicks, Moore,
Chappell, Lawson, Mosely,
Cofie^, Little, Simmons,
Dickinson, McCune, Stroud.
Flewellen,
So the motion was agreed to.
Mr. Simmons moved to amend hy adding the following
as an additional section :
jBe it further enacted, That the same conduct between
parties specified in the first section of this Act, which would
amount to adultery and fornication, or adultery or fornica¬
tion, if committed by free white persons, shall he held and
deemed the same offence when committed hy such persons
as are named in the first section of this Act.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time,
And on the question, " Shall this Bill now pass ?" the
SENATE. 389
yeas and nays were required to lie recorded, and are,
yeas 27, nays 9.
Those who voted in the affirmative, are Messrs.
Anderson, Dickinson, Mosely,
Bethune, Farris, Deed,
Bryan, Flewellen, Boss,
Philip M. Byrd, Foster, Simmons,
Calhoun, Hardeman, Stroud,
Chappell, Hicks, Tumlin,
Coffee, Lawson, Walthour,
Cone, Little, "Wellborn,
Crocker, McBae, "Wilcox.
Those who voted in the negative, are Messrs.
Beavers, Flournoy, McCune,
Butler, Harman, Moore,
John L. Bird, Knight, Wright.
So the Bill was passed.
The Senate took up, as the Beport of the Committee of
the Whole, the reconsidered bill of the House of Bepre-
sentatives, to amend an Act entitled an Act to authorize
Guardians of Minors to receive, recover and remove from
the State of Georgia, property belonging to their wards, or
which they may be entitled in cases where such Guardians
and Minors both reside without the State, and to prescribe
the mode of doing the same, assented to December 25th,
1837.
For which Mr. Moore offered the following as a substi¬
tute :
A-Bill to amend an Act relative to Guardians and Min¬
ors receiving and recovering property belonging to their
wards, assented to 25th of December, 1837.
Which was received.
The Beport, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Beport of the Committee of
the Whole, the bill of the House of Representatives to
appropriate money to improve the navigation of the Alta-
maha, Ocmulgee and Oconee Rivers, and to appoint Com¬
missioners for the same.
Mr. Moore moved to amend by adding the following aa
an additional section:
Be it further enacted, That the sum of five thousand
dollars be and the same are hereby appropriated to remove
obstructions in the Savannah Biver between the mouth of
390 JOURNAL OF THE
the Augusta Canal and Lightwood Log Creek, and that
the same he paid over to Henry H. Cumming, John D.
Walker and Elihu Lockhart, to be used by them for that
purpose.
Which was agreed to. .
Mr. McCune moved to amend by adding the following
as an additional section:
JBe it further enacted, That the sum of ten thousand
dollars be and the same is hereby appropriated to the For¬
syth and Indian Spring Railroad.
Which was lost.
The Report, as amended, was agreed to.
The Bill was read the third time, and on the question
" Shall this Bill pass ?" the yeas and nays were required
to be recorded, and are—yeas 22, nays 15.
Those who voted in the affirmative are, Messrs.
Anderson, Farris, Moore,
Bethune, Flournoy, Mosely,
Bryan, Harris, Ross,
Butler, Hicks, Tumlin,
Chappell, Knight, W althour,
Coffee, Lawson, Wilcox,
Crocker, McRae, Wolfe.
. Dickinson,
Those who voted in the negative, are Messrs.
Beavers, Foster, Reed,
John L. Bird, Hardeman, Simmons,
Calhoun, Harman, Stroud,
Cone, Little, Wellborn,
Fie well en, McCune, Wright.
So the Bill was passed.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President : The House of Representatives have
passed a Bill for the relief of Daniel Hicks, Edward H.
Garrett, John R. Scurry and Joseph Reeves.
And I am directed to communicate the same forthwith
to the Senate.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives,
to provide means for the equipment, construction and re¬
pair of the Western and Atlantic Railroad, and to pay off
the existing liabilities of the same.
Which, on motion of Mr. Farris, was postponed, and
SENATE.
391
pade the special Order of the day for Monday, the 5th
instant.
On motion of Mr. McCune, the Committee on Internal
Improvements were requested to report back to the Senate
the bill of the House of Representatives for the govern¬
ment and management of the Western and Atlantic Rail¬
road, and it be made the special Order of the day for
Monday, the 5th instant.
Mr. Reed presented the petition of sundry citizens of
Harris and Troup counties, praying the creation of a new
county out of said counties.
Which, on his motion, was referred to the Committee
on Hew Counties without being read.
On motion of Mr. Knight, the Order was suspended for
the purpose of reading bills of the House of Representa¬
tives for second and first time.
The following Bills of the House of Representatives
were taken up, read the second time, and referred to the
Committee of the Whole :
A Bill to extend and define the corporate limits of the
town of Hewman, in the county of Coweta, to provide for
the election of Intendant and Commissioners for the same, to
define their powers, and for other purposes therein named.
Also, a Bill 'to amend an Act entitled an Act to autho¬
rize all the free white citizens of the State of Georgia, and
such others as they may associate with them, to prosecute
the business of manufacturing with corporate powers and
privileges, passed on the 22a day of December, 1847, so
far as the Hancock Manufacturing Company are concerned,
and to incorporate said Company, and to grant to said
Company certain privileges.
Also, a Bill to amend an Act entitled an Act to amend
an Act to compel the several Banks of this State to re¬
deem their liabilities in specie, and to provide a forfeiture
of such as may refuse, assented to on the 18th day of De¬
cember, 1840 ; and an Act entitled an Act for the relief
of certain banks which have suspended specie payments,
against which judicial proceedings have been instituted
for the forfeiture of their charters, assented to on the 10th
of December, 1841; and also an Act further amendatory
of said Acts, assented to on the 13th of December, 1842.
Also, a Bill to alter the time of holding the Inferior
Courts for the counties of DeKalb and Carroll.
Also, a Bill for the relief of James Gibson, of the county
of Wilkinson, and to authorize and require the Governor
to draw his warrant upon the Treasurer m favor of said
Gibson, or his agent, for the sum of nineteen hundred and
two dollars and two cents.
Also, a Bill to amend an Act entitled an Act to amend
an Act'to incornorate the Southwestern Railroad Com-
392 JOURNAL 07 THE
pany with power to extend branches to Albany, in the
comity of Baker, and Fort Gaines, in the county of Early,
or to points below those places on the Chattahoochee and
Flint Rivers, and to punish those who may willfully injure
the same, assented to December 27th, 1845, and for other
purposes, approved February 23d, 1850.
Also, a Bill to incorporate the Americu3 Female Insti¬
tute in the county of Sumter.
Also, a Bill to incorporate the Brownwood University,
located in Troup county, and to confer powers on the same.
Also, a Bill to amend the several Acts of force in rela¬
tion to the incorporating of the town of LaGrange, Troup
county, so as to extend and define the powers of the cor¬
porate authorities of said town, and for other purposes.
Also, a Bill to incorporate the Greensboro' Female Col¬
lege, in the county of Greene, and to appoint Trustees for
the same, and to authorize the Trustees of Greensborough
Female Academy to convey by deed the lot of land in the
town of Greensborough, or adjacent thereto, whereon the
Female Academy now stands, in such manner as they may
deem proper, and to authorize the Trustees of Bibb County
Academy to dispose of Bibb County Academy.
Also, a Bill to extend the corporate limits of the town
of Oxford, in Newton comity, and to exempt certain lands
therein embraced from any additional rate of taxation on
account of being embraced in said corporate limits.
The Bill of the House of Representatives to incorporate
the Rome Magnetic Telegraph Company, was taken up,
read the second time ; and,
On motion of Mr. Simmons, referred to the Select Com¬
mittee on Corporations.
The following Bills of the House of Representatives
"were taken up and read the first time:
A Bill to incorporate the Georgia Mechanical and
Manufactural Institute in the city of Macon, and to confer
certain privileges upon the same.
Also, a Bill for the relief and benefit of Jemima Green,
of the county of Irwin.
Also, a Bill to prescribe the mode of compensating the
Jurors of the Superior and Inferior Courts of the counties
of Lumpkin, Habersham and Murray.
Also, a Bill to allow Margaret Xoung, late Margaret
Oliver, to marry again, and for her relief.
Also, a Bill to authorize the Justices of the Inferior
Courts of "Walton and Henry counties to pay to Thomas
C. Wood, of Walton county, and William Hadden of
Henry county, certain sums of money for teaching the
poor children of said counties in the years 1848 afid 1849.
Also, a Bill for the relief of the estate of James Mapp
deceased of Greene county. ^
senate. 393
Also, a Bill to authorize the Rock Island Factory of
Muscogee county to issue and sell bonds of the Company,
and secure the same, and for other purposes therein named.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate, the following Acts :
An Act to incorporate the Southern Hydropathic Insti¬
tute.
Also, an Act to amend the Act of eighteen hundred
and thirty-eight, regulating the taking testimony in certain
cases.
On motion, the Senate adjourned until half past 9 o'clock
Monday morning.
MOHDAY, January 5th, 1852.
The Senate met pursuant to adjournment.
Mr. Harris asked and obtained leave to have his vote
recorded on the journal of Saturday, on the bill of the
House to add an additional section to the tenth division
of the Penal Code of this State ; and his vote was accord¬
ingly recorded in the negative.
Mr. Wellborn asked and obtained leave to change his
vote on the same bill.
Mr. Harman moved to reconsider so much of the jour¬
nal of Saturday, as relates to the passage of the bill of the
House of Representatives, to' appropriate money to im¬
prove the navigation of the Altamaha, Ocmulgee, and
Oconee rivers, and to appoint commissioners for the same.
On which motion, the yeas and nays were required to
be recorded, and are yeas 16, nays 21.
Those who voted in the affirmative, are Messrs.
Beavers, Foster, Reed,
John L. Bird, Hardeman, Simmons,
P. M. Byrd, Harman, Stroud,
Calhoun, Little, Wellborn,
Dickinson, McOune, W right.
Flewellen,
Those who voted in the negative, are Messrs.
Anderson, Bryan, Chappell,
Bethune, Butler, Coffee,
394
JOURNAL OF THE
Cone,
Crocker,
Karris,
Hicks,
Knight,
Lawson,
McRae,
Moore,
Mosely,
Ross,
Flournoy,
Harris,
Tumlin,
Wilcox,
Wolfe.
So the motion was lost.
Mr. Anderson, from the Committee on Internal Im¬
provements, reported back to the Senate, the bill of the
House of Representatives for the government of the West¬
ern and Atlantic Railroad, with amendments.
Mr. Moore, from the Committee on Hew Counties, made
the following Report :
Mb. President : The Committee on Hew Counties, to
whom was referred the petitions of sundry citizens of
Troup and Harris counties, asking this General Assembly
to lay out and organize a new county from the counties
aforesaid, beg leave to Report:
That they have considered the same, and believe the
request of the petitioners ought not to be granted, and ask
to be discharged from further consideration of the subject.
The Report, on motion of Mr. Moore, was taken up and
agreed to.
Mr. Wellborn laid upon the table the following Resolu¬
tion, which was taken up, read and agreed to;
Resolved, by the Senate a/nd House of Representatives
of the State of Georgia in General Assembly met, and
%t is hereby resolved by the authority of the same, That
the Justices of the Inferior Court of Union county be au¬
thorized to call upon the Trustees of the Blairsville Aca¬
demy, in the county of Union, for any unexpended funds
remaining in their hands, being the remainder of an ap¬
propriation of $815, made by the State for the purpose of
building said Academy, or any School funds remaining in
the hands of any person in said county, being a remainder
of-funds provided by former Acts upon the subject of edu¬
cation of said county.
And be it further resolved, That said Justices be here¬
by authorized to receipt for any funds received from any
person as above named, and the same shall be added to
and become a part of the poor school fund of said county,
under the present regulations on that subject in said county.
Mr. Moore reported a bill to authorize his Excellency
the Governor, to have issued to Lovick L. Wittich, of Hew-
ton county, in said State, a grant for lot of land, Ho. 738,
in the 3d district and 4th section of Cherokee.
Which was read the first time.
Mr. Cone laid upon the table the following Resolution,
which was taken un and aarreed to:
SENATE.
395
Resolved, That His Excellency the Governor, be re¬
quested to furnish this branch of the Legislature, whether
an appropriation of three thousand dollars heretofore made
to improve the navigation of the Skidaway Narrows, has
been drawn or not, by whom and when.
Mr. Coffee reported a bill to open and construct a Rail¬
road from the terminus of the North Carolina Railroad, at
or near the Locust Stake, on the State line, and thence by
the most practicable route by way of Clayton, in Rabun
county, to intersect the South Carolina Railroad at Ander¬
son Court-house.
Which was read the first time.
Mr. Beavers reported a bill to alter and amend an Act
approved December 22d, 1847, to compensate the Grand
and Petit Jurors of Campbell county, and to authorize the
Justices of the Inferior Court to levy an extra tax for that
purpose.
Which was read the first time.
The following message was received from the House of
Representatives, by their Clerk, Mr. Sturgis:
. Mr. President :—The House of Representatives have
passed the following Bills, to-wit:
A Bill to incorporate the Baptist Church at Lexington,
Oglethorpe county, and other Churches and Camp-Grounds
therein named; also to incorporate certain Academies
therein named; certain Lodges of Free and Accepted
Masons, certain Lodges of Odd Fellows, Divisions of Sons
of Temperance, and to establish a ferry on Flint river, &c.
Also, a Bill to alter and, change the line between the
counties of Cherokee and Forsyth.
Also, a Bill to change the line between the counties of
Cass and Floyd, and to define and change the lines of
other counties therein named.
Also, a Bill to allow Nathaniel Smith, of Hall county,
to ask and receive tolls for the use of his bridge across the
Chattahoochee river, and to authorize Cornelius D. Ter-
hune and George W. Tumlin, to construct a bridge across
the Etowah river, on their own lands, in Cass county, and
to charge and collect tolls from persons crossing the same.
Also, a Bill to amend the 15th section of the 9th divi¬
sion of the Penal Code, as to service of summons upon
persons guilty of forcible entry and detainer, in certain
cases.
Also, a Bill for the relief of the Receiver of Tax Returns
for the county of Washington.
Also a Bill to change the lines between the counties of
Baker and Randolph, so as to include lot of land, No. 10,
in 3d of Baker, in Randolph conntv.
896 JOURNAL OF THB
Also, a Bill to alter and amend an Act to incorporate
the city of Rome, passed 9th December, 1847.
Also, a Bill for the relief of Reuben S. "Willingham,
Tax Collector of Lincoln county.
Also, a Bill to amend an Act to permit all the specie
paying solvent Banks of this State, to issue bills of a de¬
nomination less than five dollars, assented to December
27th, 1842.
Also, a Bill to incorporate Euharleyville, in the county
of Cass.
Also, a Bill for the relief of William C. Dun, Tax Col¬
lector of Jasper county.
Also, a Bill to incorporate the Clarksnlle and Tugaloo
Rail or Plank Road.
Also, a Bill to appoint certain persons hereinafter named,
commissioners, ana to authorize said persons to obstruct a
portion of the channel of the river Canoochee,- in the
county of Bryan, at their own expense, for the protection
and safe keeping of the timber, or such rafts of timber that
may be carried down said river for market, by any person
or persons who may hereafter be engaged in the timber
business, upon the waters of the said river Canoochee.
Also, a Bill to refund to Ira Sanburn, of Decatur county,
a certain sum of money therein named.
Also, a Bill to prevent the driving of any horned cattle
or cattle of the cow kind, from Pickens and Anderson dis¬
tricts in South Carolina, or any other places that may be
infected with the distember,. into the county of Rabun, &c.
Also, a Bill to incorporate the town of Calhoun, in the
county of Gordon.
The following Bills were taken up, read the second
time, and referred to the Committee of the whole House:
A Bill to add a portion of the county of Hancock to the
county of Baldwin, and change the line between said
counties.
Also, a Bill to authorize the Ordinary of Wayne county,
to keep his office at his own residence in said county.
Also, a Bill to change the line between the counties of
Pike and Spalding, so as to include two ranges of lots, now
in the county of Spalding, from Flint river to the Fayette-
ville road, in the county of Pike.
Also, a Bill to change the line of the county of Spalding,
so as to include a small portion of the Horth-West corner
of Monroe, in the county of Spalding.
The Senate took up, as the Special Order of the Day,
the Report of the Committee of the Whole, on the bill of
the House for the government and management of the
Western and Atlantic Railroad.
On motion of Mr. Foster, the Report was referred to a
Select Committee, consisting of Messrs. Foster, Hardeman,
BENATE,
397
Bethune, Cone and "Wellborn, with instructions to report
the same back to the Senate to-morrow morning ; and that
the bill be made the special Order of to-morrow.
On motion of Mr. Cone, the bill of the House to provide
means for the equipment, construction and repair of the
Western and Atlantic Railroad, and to pay off the exist¬
ing liabilities of the same, which was a special Order for
the Day, was taken up and postponed, and made the spe¬
cial Order of the Day, immediately succeeding the dispo¬
sition of the bill for the government and management of
the Western and Atlantic Railroad.
The Senate took up as the Report of the Committee of
the Whole, the bill to compel persons owning five thousand
or more acres of land, lying in Clinch county, to give in
and pay taxes for the same in said county.
Mr. Coffee moved to amend by adding the county of
Rabun.
Which waB agreed to.
Mr. Dickinson moved to amend by inserting the county
of Decatur.
Which was agreed to.
Mr. Crocker moved to amend by adding the following
as an additional section :
Be it further enacted, That all persons owning more
than fifty acres of land in the counties of Macon and Ma¬
rion, upon which they have farms, shall pay the taxes on
the same in said counties, on any and all property which
they may have or own, and use upon said farms.
Mr. Harris moved to amend the amendment, by inseit-
ing the counties of Lee, Baker, Early, Randolph, Houston,
Pulaski and Lincoln.
Which was agreed to.
Mr. Knight called for the previous question.
Which was seconded.
It was then decided that the main question should m w
be
' ^ .ssed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to authorize William Horton to prac¬
tice Medicine and charge for the same.
On motion of Mr. Bryan, the Report was indefinitely
postponed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
repeal $11 laws heretofore passed, changing the residence
of citizens of this State from one county to another, with¬
out altering the boundary lines between the said counties.
398 JOKgNAL OF THE
Mr. Simmons moved to refer the bill to a Select Com¬
mittee.
"Which was lost.
The Report was then agreed to.
The Bill was read the third time.
When, on motion of Mr. Bryan, the bill was recommit¬
ted to the Committee of the Whole.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the Ilouse of Representatives to
preserve the purity of public elections in this State, and
to prevent Magistrates who hold county or city or town
offices, from presiding at county or city elections, so far as
relates to the county of Chatham.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee
of the Whole, the bill of the House of Representatives to
secure the property of minors against the mismanagement
of their Guardians, by statute, by requiring bond and se¬
curity, as in other cases of guardianship.
Which, on motion of Mr. Bethune, was referred- to the
Committee on the Judiciary.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
authorize the relator in any writ of mandamus to traverse
the answer or return of any person, officer, corporation
or court of this State, to any writ of mandamus issued
by the Superior Courts of this State.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee ot
the Whole, the bill of the House, to reduce the Sheriffs'
bond of Madison county.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
provide for the taking the census of the State of Georgia,
m pursuance of the requirements of the twenty-fifth section
of the first article of the Constitution of the State of Georgia.
The Report was agreed to.
The Bill was read the third time.
Mr. Slaughter moved to recommit-the bill.
Which was lost.
The question then recurred on the passage of the bill,
and the bill was passed.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives to
incorporate the town of Jefferson, Jackson county, and
to appoint commissioners for the same.
aerv ate." 399
Mr. Harman moved to amend "by striking out the fol¬
lowing proviso:
Provided, That in case any such execution shall be re¬
turned by said Marshal " no property to be found," then
and in that case a ca. sa. against the body of the defendant
may-issue, from which he shall not be discharged except
by virtue of the laws of .this State, made for the relief of
honest debtors, and should any such defendant or defend¬
ants fail to give security for his or their appearance before
the Superior Court of Jackson county, to take the benefit
of said Act, then and in that case he or they shall be com¬
mitted to the common Jail of the county of Jackson, there
to remain Until discharged by due course of law.
Which was lost.
Mr. Foster moved to amend by adding the following as
additional sections:
"Whereas, Amos Davis and Samuel R. Brooks -have
lately purchased of and from the Brunswick Land Com¬
pany, all their property, real and personal, in the city of
Brunswick, at a large price ; and whereas, they are desi¬
rous of associating other persons with them in said pur¬
chase, and desire to be incorporated. Therefore,
Be it enacted by the Senate and House of Representa¬
tives of the State of Georgia in General Assembly met,
and it is hereby enacted by authority of the same, That
Amos Davis and Samuel R. Brooks, and their asso¬
ciates and successors, be and they are hereby declared a
body politic and corporate, under the name and style of
" The proprietors of the city of Brunswick," and as such
shall be capable in law and equity to sue and be sued, to
contract and be contracted with, to have, hold, use, sell
and dispose of, and mortgage, all or any of the lots of land
or other property now held by them in the city of Bruns¬
wick, or that may hereafter belong to them, and to make
joint stock and to issue scrip therefor, and shall have pow¬
er to make all by-laws necessary and proper to carry their
powers into effect; Provided, They are not inconsistent
with the laws and Constitution of this State, and of the
United States ; and shall have power to elect a President
and such other officers as they may deem necessary, and
remove the same at their pleasure, and they may have and
use a common seal, and may dispose of, sell or mortgage,
their lots of land and other property in said city, under
their corporate name and seal ; any law to the contrary
notwithstanding.
Sec. 2. And be it further enacted, That all persons hold¬
ing real estate within the corporate limits of Brunswick,
as defined by an Act assented to the 26th December,
1837, entitled (in part) an Act to amend an Act to incor¬
porate the town of Brunswick, and to extend its judicato-
400 JOTJBlfcMEr-eF-TM-
rial limits, &c. &e., may become associates in said Com¬
pany, by placing such real estate or any part thereof, as
stock in said corporate Company.
"Which was agreed to.
Mr. Flonrnoy moved to amend by adding the following
as additional sections:
And be it further enacted, That the members of, or
persons appointed by the authority of the Mayor and
Council of the city of Columbus, as watchmen or city
guard, shall have and exercise the power and authority of
constables, ex officio, so far as to authorize them to make
arrests and serve warrants upon offenders for offences
committed within the corporate limits of said city, either
against the Penal laws of this State, or for violations of
the city Ordinances, and shall report all offenders against
said laws or ordinances to the Mayor of said city, or any
member of Council, whose duty it shall be to issue a war¬
rant or warrants against the party or parties accused, in
pursuance of the twelfth section of an Act passed the 23d
day of December, 1835, to amend an Act to incorporate
the town of Columbus.
And be it further enacted, That the license for retailing
spirituous liquors in the city of Columbus, shall not ex¬
ceed the sum of fifty dollars per annum for each license
'granted by the City Council, and the tax levied on show¬
men and circus companies now taxed by law, shall not
exceed the sum of twenty-five dollars for each day's exhi¬
bition within said city ; and that the tax levied on each
negro slave brought into the city of Columbus for sale,
shall not exceed five dollars on each slave so brought into
said city; Provided, That no tax shall be levied or col¬
lected for negroes sold in said city by order of any Court,
or in obedience to any legal process, or by any executor,
administrator, guardian, or trustee.
Which was agreed to.
Mr. Bethune moved to amend by adding the following
additional sections:
And be it further enacted, That the seventh section of
an Act amendatory of the several Acts incorporating the
town of Milledgeville, &c., assented to 30th December,
1836, be so amended as to allow all elections for Mayor
and Aldermen of said city of Milledgeville to be superin¬
tended by two freeholders.
And be it further enacted, That when application shall
be made by any citizen to the Mayor and Aldermen, to
cause to be opened any street on the commons of said city,
the said Mayor and Aldermen may be allowed to exercise
their discretion ae to compliance or non-compliance with
such application.
Which waa agreed to.
senate.
401
'The Report, as amended, was agreed to.
The Bill was read the third time and passed.
Mr. Anderson reported a bill to amend the road laws of
this State, so far as concerns persons constantly employed
in conducting transportation and repairing track upon the
different Railroads of this State.
Which was read the first time.
On motion, the Senate adjourned until 3 o'clock, P. M.
Thkee o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Harman reported a bill to incorporate the Culloden
Railroad Company, with powers to construct a Railroad
from the town of Culloden, in Monroe county, to the town
of Barnesville, in Pike county.
Which was read the first time.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
authorize a grant to issue to William P. Hightower, of
Campbell county, for fraction number one hundred and
fifty-one, (151,) in the eighth district of originally Coweta
now Campbell county.
And on reading the first section as follows :
Be it enacted, That his Excellency the Governor cause
a grant to issue to William P. Hightower, of Campbell
county, for fraction one hundred and nfty-one, in the eighth,
district of originally Coweta now Campbell county.
Mr. Bethune moved to amend by adding the following,
proviso :
Provided, That said Hightower, before he receives the
grant, shall make the necessary proof to the Governor that
he is the bona fide owner of said certificate.
Which was agreed to.
Mr. Flewellen moved further to amend by adding the
following as an additional section :
Be it further enacted,. That the Governor cause a grant
• to issue to Jefferson Alford, of the county of Upson, for
; fraction number two, in the first district of formerly Troup
now Meriwether county.
* Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of,
26
m
JOURNAL OF THB
the "Whole, the bill of the House to amend the law in rela-
tio '
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House to fix the fees of Sheriffs,
and other levying officers, in certain cases therein specified.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House for the relief of the teach¬
ers of poor children of the county of Upson, for the year
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House to allow the issuing of
executions in certain cases.
The Report was agreed to.
The Bill was read the third time and lost.
The Senate took up, as the Report of the Committee of
the Whole, the*bill of the House, to alter the times of hold¬
ing the Inferior Courts of the counties of DeKalb and
Carroll.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to |
incorporate the Greensboro' Female College, in the county
of Greene, and to appoint Trustees for the same, and to au¬
thorize the Trustees of Greensboro' Female Academy to
convey by deed the lot of land in the town of Greensboro'
or adjacent thereto, whereon the Female Academy now
stands, in such manner as they may deem proper, and to
authorize the Trustees of Bibb county Academy to dispose
of Bibb county Academy.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
tibe Whole, the bill of the House of Representatives to
amend the several Acta of force in relation to the incor¬
poration of the town of LaGrange, Troup county, so as to
extend and define the powers of the corporate authoritiee
of said town, and for other purposes.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
extend the corporate limits of the town of Oxford, io
Ffewton county, and to exempt certain lands therein em
1850,
SKNATB.
403
braced from any additional rate of taxation on account of
being embraced in said corporate limits.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, a3 the Report of the Committee of
the Whole, the bill of the House of Representatives, to
incorporate the Americus Female Institute, in the county
of Sumter.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report, of the Committee of
the Whole, the bill of the House of Representatives to
amend an Act entitled an Act to compel the several
Banks of this State to redeem their liabilities in specie, and
to provide a forfeiture of such as may refuse, assented to on
the 18th day of December, 1840; and an Act for the relief
of certain Banks which have suspended specie payments,
against which Judicial proceedings have been instituted
for the forfeiture of their charters, assented to on the 10th
of December, 1841; and also, an Act further amendatory
of said Acts, assented to on the 13th of December, 1842.
The Report was agreed to,
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives for
the relief of James Gibson, of the county of Wilkinson, and
to authorize and require the Governor to draw his warrant
upon the Treasury in favor of said Gibson, or his agent,
'for the sum of. nineteen hundred and two dollars and two
cents.
Which, on motion of Mr. Ross, was referred to a Select
Committee, consisting of Messrs. Ross, Bethune, and
Moore.
. The Senate took up, as the Report of the Committee of
!,.the Whole, the bill of the House of Representatives to ex-
ti-tend and define the corporate limits of the town of Hewnan
in the county of Coweta, to provide for the election of In-
tendant and Commissioners for the same, to define their
powers, and for other purposes therein named,
j The Report was agreed to.
j The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
. the Whole the bill of the House of Representatives to
amend an Act entitlod an Act to authorize all the free white
citizens of the State of Georgia, and such others as they
may associate with them- to prosecute the business of man¬
ufacturing, with. «o/por#t® powers and privileges, passed
on the 22d day of December, 1347, so far as the Hancock
Manufacturing Company ore concerned, and to incorporate
404:
JOURNAL OF THE
said Company and to grant to said Company certain privi-
eges.
Which, on motion of Mr. Bethune, was referred to the
select Committee on Corporations.
The Senate took up, as the Report of the Committee of
the Whole, the hill ef the House of Representatives to
amend an Act entitled an Act to amend an Act to incor¬
porate the South-Western Railroad Company with power
to extend branches to Albany, in the county of Baker, and
Fort Gaines, in the county of Early, or to points below
those places on the Chattahoochee and Flint Rivers, and
to punish those who may wilfully injure the same, assented
to December 27th, 1845, and for other purposes, approved
February 23d, 1850.
Mr. Tumlin moved to amend by adding the following as
additional sections:
Sec. And be it further enacted, That William Peck,
William E. West, Springer Gibson, Thomas PI. Sparks,
Walton Janes, Alfred Shorter, Wade Setleran, WiliiamT.
Price, William Clark, Andrew M. Sloan, John R. Alexan¬
der, John H. Lumpkin, Dennis Hills, William F. Janes,
Wilson 0. B. Whatley, Hosea Camp, William H. C. Prior,
Robert Gibson, and Edward Ware, or such of them as
shall associate under the name, or such other persons as
shall associate under said name shall be and are hereby
incorporated and made a body politic, with all the rights,
and privileges common and necessary to such corporations
under the name of the Cherokee Railroad Company.
Sec. And be it further enacted, That said Companj
shall be authorized to build a Railroad from the town of
Rome, in Floyd county, and the termination of the Rome
Railroad, through Cedar Yalley, in the county of Polk, to
the Alabama line, to connect with such as may be charter¬
ed and authorized by the State of Alabama, from Jackson¬
ville, in the county of Benton, to the Georgia line, charging
such amount for freight and travel as may be deemed ex-i
' pedient, and to open books and procure subscriptions oi"
Stock at the rate of one hundred dollars per share, at such
times and places as tnay be thought proper to elect Presi¬
dent and Directors, to borrow money, make contracts, hold
real and personal estate, to and for the use of said Road;
that they may have a common seal, sue and be sued, plead
and be impleaded in any Court of law and equity in this
State, and by a Board of Directors make all such rules and
regulations or by-laws as are necessary and proper for the
good of the corporation and effecting the object for which
it is created; Provided, such rules and regulations be not
repugnant to the Constitution and laws of this State and
the United States.
Seo. And be it f urther enacted, That the Capital
SENATE.
405
Stock of said Company shall be $500,000 in shares of one
hundred dollars each, which said Capital Stock may be in¬
creased or dimished from time to time by the said Compa¬
ny, as £he wants and exigencies of the same may require,
and that they be authorized to unite and consolidate their
Stock with the Stock of such Railroad as has been or may
be hereafter chartered by the Legislature of the State of
Alabama for the purpose of uniting and connecting with
the Railroad hereby chartered at the State line upon such
terms and upon such conditions as shall be agreeable to said
Companies.
Sec. And be it further enacted, That the Board of
Directors of the aforesaid Company shall have power to
select and take or receive as a donation such strip or strips
of lands between the points selected for the beginning and
terminus of said road, and of such width as they may deem
necessary for the construction of said Road, and in all
cases in which any difficulty may arise between individuals
or corporations and said Company or their Directors as to
the right of way or damages to the land on which the same
may be located, it shall and may be lawful for either to
apply to the Sheriff of the county in which such land may
be located, who shall summon a jury of five free-holders,
who shall enter upon the land sought to be appropriated to
the use of said Company, and award in writing the amount
of damages if any to be paid by said Company, either party
having the right to appeal to the Superior Court of
said county under the same laws and regulations which ap¬
ply to appeals in said Court, and in all instances such free¬
holders, and the jurors in said Superior Court in addition
to the usual oath, shall be severally sworn, in assessing
damages to take into the account the prospective of the
Road to the lands and premises through which it may
run, and hear evidence touching the same, and upon the
payment of damages so assessed as aforesaid, the fee sim¬
ple title to such land as may be necessary for the location
of such Road, bjiilding depots and other purposes, shall
vest in said Company.
Sec. Be it further enacted, That the affairs of said
Company shall be under the management and control of
the Board of Directors elected by the Stockholders in said
Company who shall elect a President from their own body,
which said board of Directors shall have all necessary
power to choose and select their Engineers and other offi¬
cers, and to fix and allow the salaries of all the officers and
agents of said Company.
Sec. And be. it further enacted, That if at any time
4he said President and Directors with the advice and con¬
sent of the Stockholders, shall think proper and advisable
to consolidate the Company hereby chartered with the
406
JOTTEJTAIi OF THE
Rome Railroad Company ; it shall and may be lawful for
them so to do, for the purpose of forming a continuous
line of Railroads from Jacksonville in Alabama, .or from
the State line to the intersection of the Rome Railroad with
the western and Atlantic Railroad upon such terms aDd
conditions as shall be agreeable to each of said Roads.
Sec. And be it further enacted, That the Company-
aforesaid shall have a perpetual succession of members and
shall be declared a common carrier, as respects all goods,
wares and merchandize, and property entrusted to them for
transportation, and that said Company shall have full pow¬
er and authority to do and perform all and every corporate
acts as are permitted or allowed to other Companies incor¬
porated for similar purposes.
Sec. And be it further enacted.\ That the private pro¬
perty of each Stockholder shall be bound for the payment
of the debts of said Company in proportion to the amount
of stock owned by each Stockholder.
"Which was agreed to.
Mr. Foster moved to amend by adding the following aa
additional sections :
And be it further enacted, That it shall be the duty of
the Atlanta and XaGrange Railroad Company to keep at
.all times at their principal office or place of doing business,
a stock list, containing the names of the Stockholders in
said Company, and the number of shares owned by each,
which list of Stockholders shall at any and all times be sub¬
ject to the inspection of any person desiring to see tl(
same, and any transfer of the Stock so owned by each
Stockholder within six months prior to the obtainment of
judgment against the Company, shall not discharge his
private property, but it shall still be bound under the pro¬
visions and in the manner pointed out under the seventh
section of the Act incorporating said Company.
And be it further enacted, That in all controversies K
tween said Company and land owners as prescribed fur if
the charter of said Company the Commissioners and jurp
shall take into consideration the benefits as well as injuries
arising to the land owner from the construction of said Road.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to in¬
corporate Brown wood University, located in Troup county
and confer powers on the same.
Mr. Slaughter moved to amend by adding the following
additional sections:
And be it further enacted, That the Presbyterian Church,
in the town of Marietta shall be called and known by ^
BUN ATE.
name and style of the Presbyterian Church at Marietta,
and that Norman L. Chester, Andrew J. Hansell Thomas
R. Huson, W. J". Russell and E. M. Allen, and their succes¬
sors in office, be and they are here by appointed a body po¬
litic and corporate by the name and style of the Trustees of
the Presbyterian Church at Marietta, Cobb county, and as
such shall be capable in law to sue and be sued, to receive
by gift, devise, bequest or purchase and to hold, use and
dispose of any property which may be given or which may
belong to said Church, and shall have power to make all
by-laws necessary and proper for carrying their powers in¬
to effect, and may have and use a common seal and ap¬
point such officers as to them may seem necessary and pro¬
per, and to remove the same at pleasure; Provided, the
same shall not be contrary to the Constitution and laws of
this State.
And be it further enacted, That when any vacancy in
the Board of Trustees shall happen, by death, resignation or
otherwise, the same shall be filled by the election or ap¬
pointment of others by the remaining Trustees, or a ma¬
jority of them, in such manner as they may direct by by¬
law, any law or usage to the contrary notwithstanding.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole the bill of the House of Representatives, for the
relief of Levi S. DeLyon and Asher Ayres, and to authorize
the Governor to draw a warrant in their behalf.
Mr. Harman moved to amend by adding the following aa
an additional section:
And be it further enacted, That his Excellency the Gov¬
ernor be and he is hereby authorized and required to draw
his warrant on the Treasurer in favor of John T. Coxe for
the sum of nine dollars thirty-seven and a half cents, the
same being the amount of State tax paid by him on a house
and lot in the city of Macon, the tax on the said house and
lot being paid also by Charles Thompson, as Trustee jfor
Mrs. J. J. Coxe. Which was ogreed to.
The Report as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to re¬
peal all laws heretofore passed changing the residence of
citizens of this State from one county to another without
altering the boundary lines between the said counties.
The Report was agreed to.
The Bill was read the third time and passed.
The following bills of the House of Representatives were
403
JOURNAL OF THB
taken up read, the second time and referred to the Com¬
mittee of the Whole:
A Bill for the relief and benefit of Jemima Green, of the
county , of Irwin.
Also, a Bill to incorporate the Georgia Mechanical and
Manufactural Institute, in the city of Macon, and to confer
certain privileges upon the same.
Also, a Bill to prescribe the mode of compensating the
Jurors of the Superior and Inferior Courts of the counties
of Lumpkin, Habersham and Murray.
. Also, a Bill to allow Margaret Young, late Margaret
Oliver, to marry again, and tor her relief.
Also, a Bill to 'authorize the Rock Island Factory, of
Muscogee county, to issue and sell the bonds of the Compa¬
ny and secure the same, and for other purposes therein
named. 4
Also, a Bill for the relief of the estate of James Mapp,
deceased, of Green county.
Also, a Bill to authorize the Justices of the Inferior Courts
of Walton and Henry counties to pay to Thomas G. Wood,
of Walton county, and William Hadden, of Henry county,
certain sums of money for teaching the poor children of
said counties in the years 1848 and 1849.
The following Bills of the House of Representatives were
taken up and read the first time :
A Bill for the relief of the Receiver of Tax Returns for
the county of Washington.
Also, a Bill to amend the fifteenth section of the ninth
division of the Penal Code as to service of suAimons upon
persons guilty of forcible entry and detainer in certain
cases.
Also, a Bill to allow Hathaniel Smith, of Hall county to
ask and receive tolls for the use of his bridge across the
Chattahoochee River; and to authorize Cornelius D. Ter-
hune and George W. Tumlin to construct a bridge across
the Etowah River on their own lands in Cass county, and
to charge and collect tolls from persons crossing the same.
Also, a Bill to change the line between the counties of
Cass and Floyd, and to define and change the lines of other
counties therein named.
Also, a Bill to alter and change the line between the
counties of Cherokee and Forsyth.
Also, a Bhl to prevent the driving of any horned cattle
or cattle of the cow kind, from Pickens ana Anderson Dis¬
tricts, in South Carolina, or any other places that may he
infected with distemper, into the county of Rabun, and to
prohibit the driving such cattle and oxen from said county
to distempered places, and then driving the same back to
said county, between the 15th day of May and the 15th
day of October, in each year, and for other purposes.
8ENATB.
409
Also, a Bill to incorporate the Baptist Church at Lexing-
ton, Oglethorpe county, and other Churches and Camp
Grounds therein named; also, to incorporate certain Ac¬
ademies therein named, certain Lodges of Free and Ac¬
cepted Masons, certain Lodges of Odd Fellows, Divisions
of Sons of Temperance, and to establish a ferry on Flint
River, &c.
Also, a Bill for the relief of Reuben S. Willingham, Tax
Collector of Lincoln county.
Also, a Bill to change the line between the counties of
Baker and Randolph so as to include lot of land number
ten in the 3d district of Baker county, in Randolph county.
Also, a Bill to incorporate Euharleyville, in the coun¬
ty of Cass.
Also, a Bill for the relief of "William C. Dun, Tax Col¬
lector of Jasper county.
Also, a Bill to alter and amend an Act to incorporate
the city of Rome, passed 9th December, 1847.
Also, a Bill to incorporate the Clarksville and Tugaloo
Railroad or Plank Road.
Also, a Bill to amend an Act to permit all the specie
paying solvent Banks of this State to issue bills of a de¬
nomination less than five dollars, assented to December
27th, 1842.
Also, a Bill to appoint certain persons hereinafter named
Commissioners, and to authorize said persons to obstruct a
portion of the channel of the river Canoochee, in the coun¬
ty of Bryan at their own expense, for the protection and
safe keeping of the timber, or such rafts of timber that
may be carried down said river for market by any person
or persons who may hereafter be engaged in the timber
business uponthe waters of the said river Canoochee.
Also, a Bill to incorporate the town of Calhoun, in the
county of Gordon.
Also, a Bill to refund to Ira Sanburn of Decatur county,
a certain sum of money therein named.
Also, a Bill for the relief of Daniel Hicks, Edward H.
Garrett, John R. Scurry and Joseph Reeves.
Also, a Bill to incorporate the Clarksville and Tugaloo
Rail or Plankroad.
Mr. McCune reported a Bill to authorize Robt. C. McCul-
loch, of the city of Griffin, and county of Spalding, to prac¬
tice medicine on the Dutch and Indian system ot practice,
and to charge therefor.
Which was read the first time.
On motion, the Senate adjourned until half-past nine
o'clock to-morrow morning.
4:10 JOTTRHJlL Olf THH
TUESDAY, Januar7 6,1852.
The Senate met pursuant to adjournment.
Mr. Doss, from the Select Committee to whom was re-
eferred a bill for the relief of James Gibson, of the coun¬
ty of Wilkinson, and to authorize and require the Gover¬
nor to draw his warrant upon the Treasurer in favor of
said Gibson, or his agent, for the sum of nineteen hundred
and two dollars and two cents, made the following report:
Mr. Prsident :—The Select Committee, to whom was
referred a bill to be entitled an Act, for the relief of James
Gibson, of the county of Wilkinson, and to authorize and
require the Governor to draw his warrant, upon the Trea¬
surer in favor of said Gibson, or his agent, for the sum of
nineteen hundred and two dollars and two cents, report
that they have carefully examined the testimony. upon
which the said claim for relief is predicated, and are sat¬
isfied thereby that it is founded in equity and justice, and
ought to be granted. The Committee therefore report said
bill back to the Senate, and recommend its passage.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives for
the relief of James Gibson, of the county of Wilkinson,
and to authorize and require the Governor to draw his*
warrant upon the Treasurer in favor of said Gibson, or his
agent, for the sum of nineteen hundred and two dollars
and two cents.
Mr. P. M. Byrd moved to amend by adding the follow¬
ing as an additional section :
Be it further enacted, That the Tax Collector of Hall
county be and he is hereby required to pay over the State
tax of said county for the years eighteen hundred and fifty-
two and three to the Justices of the Inferior Court of said
county, to be applied by them to the rebuilding the court¬
house recently burned down in said county.
On which motion, the yeas and nays were required to
be recorded, and are—yeas 17, nays 21.
Those who voted in the affirmative, are Messrs.
Bryan,
Philip M. Byrd,
Coffee,
Dickinson,
Farris,
Flournoy,
Hardeman,
Hicks,
Lawson,
Little,
McRae,
Simmons,
Slaughter,
Tumlin,
Walthour,
Wellborn,
Wilcox.
Those who voted in the negative are Messrs.
SENATE. 411
Anderson, Crocker, McCune,
Beavers, Flewellen, Moore,
Bethune, Foster, Mosely,
Butler, Griggs, Reed,
John L. Bird, Harman, Stroud,
Calhoun, Harris, "Wolfe,
Chappell, Knight, Wright.
So the motion was lost.
Mr. Walthour moved further to amend by adding the
following as an additional section:
Be it further enacted, That the Governor be autho-
rized.to draw his warrant in favor of the Justices of the
Inferior Court of Liberty county, for the sum of eleven
hundred and fifty dollars, to defray the expenses of said
county in preventing the spread of the small pox.
On which motion the yeas and nays were required to bo
recorded, and are, yeas 15, nays 20.
Those who voted in the affirmative, are Messrs.
Anderson, Knight, Tumlin,
Bryan, Lawson, Walthour,
Dickinson, McBae, Wilcox,
Farris, Reed, Wolfe,
Flournoy, Slaughter, Wright.
Those who voted in the negative, are Messrs.
Beavers, Crocker, McCune,
Butler, Foster, Moore,
John L. Bird, Griggs, Mosely,
Philip M. Byrd, Harman, Simmons,
Calhoun, Harris, Stroud,
Chappell, Hicks, Wellborn.
Coffee, Little,
So the motion was lost.
Mr. Calhoun moved to amend by striking out the words
" nineteen hundred and two dollars and two cents" and
insert in lieu thereof the words " seventeen hundred and
sixty-one dollars."
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
Mr. Foster, from the Select Committee to whom was
referred the bill of the House for the government and
management of the Western and Atlantic Railroad, re-
412
journal of thb
ported the same back to the Senate 'with a substitute
therefor.
Mr. McCune moved that fifty copies of the substitute
be printed for the use of the Senate.
On which motion the yeas and nays were required to be
recorded, and are, yeas 15, nays 23.
Those who voted in the affirmative, are Messrs.
Beavers, • Flournoy, McCune,
Butler, Harman, Wellborn,
John L. Bird, Harris, Willcox,
Cone, Lawson, Wolfe, -
Flewellen, Little, Wright.
Those who voted in the negative, are Messrs.
Anderson, Dickinson, Moore,
Bethune, Farris, Mosely,
Bryan, Foster, Keed,
Philip M. Byrd, Griggs, Simmons,
Calhoun, Hardeman, Slaughter,
Chappell, Hicks, Stroud,
Coffee, Knight, Tumlin.
Crocker, McRae,
So the motion was lost.
The following message was received from the House of
Representatives by their Clerk, Mr. Sturgis :
Mr. President: The House of Representatives has
passed the following bills, to-wit:
A Bill to alter and amend an Act entitled an Act, to
provide for the Indigent Deaf and Dumb citizens of this
State ; also, to provide for the appointment of a Commis¬
sioner, to regulate his duties, affix his salary, and to ap¬
propriate money therefor by increasing the annual appro¬
priation, and for other purposes.
Also, a Bill for the relief of James FTewton, of Jasper
county.
Also, a Bill to refund to A. J. Taylor, former Collector
of Tax of the county of Lumpkin, the sum of $54 33-100,
which was overpaid by him into the Treasury in the year
Also, a Bill to remove an election precinct in the county
of Talbot.
Also, a Bill to repeal an Act passed December 29th,
1847, to alter the line between the counties of Jones and
Jasper.
SENATE. 418
Also, a Bill to separate the offices of Tax Collector and
Receiver of Tax Returns for the county of Dooly.
Also, a Bill to legalize the acts of certain ^Deputy Clerks
of the Superior Courts, Inferior Courts, and Courts of Or¬
dinary of this State.
Also, a Bill to extend all the provisions of the Act en¬
titled an Act to amend the several Acts now in force
regulating the fees of Magistrates and Constables in the
State of Georgia, so far as relates to the county of Chatham,
and to provide for the mode of collecting the same, ap¬
proved December 19th, 1849 ; and also the Act entitled
an Act to amend the several Acts relating to Justices'
Courts, so far as regards the county of Chatham, approved
December 19th, 1849, to the county of Effingham, and to
the Justices' Courts, Magistrates and Constables of said
county.
Also, a Bill to repeal a portion of the Act to compen¬
sate Petit Jurors in the county of Hancock.
Also, a Bill to amend an Act entitled an Act to incor¬
porate Concord Church, in Tatnall county, approved Feb¬
ruary 5th, 1850, so far as relates to the name of said
Church.
Also, a Bill to incorporate Newman Female College.
Also, a Bill to alter and change the district line between
* the 959th district and the Centrevillage district, in the
county of Camden.
Also, a Bill to change the names and legitimatize the
persons therein named, and for other purposes.
Also, a Bill to repeal an Act entitled an Act to compen¬
sate petit Jurors of the Superior and Inferior Courts, so
far as regards the county of Camden, assented to 21st De¬
cember, 1835.
Also, a "Bill compelling the Tax Receivers and Collec¬
tors of the counties of Coweta, Early and Fayette to visit
the house or houses of all widows in said counties befoi e
returning them as defaulters.
Also, a Bill to alter and change the line between the
counties of Macon and Crawford, so as to add to and in¬
clude within the county of Macon, lots number 122 and
137 of the eighth district of originally Houston now Craw¬
ford county; also, to alter and change the line between
the counties of Pike and Spalding.
Also, a Bill to reduce the Sheriff's bond of Bryan county.
Also, a Bill to prescribe the manner in which the Laws
of this State shall be printed and published.
Also, a Bill to amend an Act entitled an Act to alter
and amend the several Acts in relation to Itinerant Trad¬
ers and to prescribe the mode of their obtaining license,
approved'November 27th, 1845, so far as to increase the
*414 JOURNAL OP THB
tax on said Itinerant Traders in the counties of Jackson,
Pike, Wilkes, Franklin, Sumter and Washington.
Also, a Bill to incorporate the Zebulon Branch Bail-
road.
Also, a Bill to authorize certain persons therein named
to clear out and improve the navigation of the Chattahoo¬
chee Biver above the Western and Atlantic Bailroad, and
for other purposes.
The Senate took up, as the special Order of the Bay,
the Beport of the Committee of the Whole on the bill of
the House to provide for the election of all the Judges of
the Superior Courts by the free white people of the State
of Georgia, and for other purposes therein named.
Mr. Harman moved to postpone the Beport indefinitely.
On which motion the yeas and nays were required to
"be recorded, and are—yeas 1, nays 35.
Yoting in the affirmative,
Mr. Harman.
Those who voted in the negative, are Messrs.
Anderson, Dickinson, McCune,
Beavers, Farris, McBae,
Bethune, Flewellen, Mosely,
Bryan, Flournoy, Beed,
Butler, Foster, Simmons,
John L. Bird, Griggs, Slaughter,
Philip M. Byrd, Hardeman, Stroud,
Calhoun, Harris, Tumlin,
Chappell, Hicks, Wellborn,
Ooffee, Knight, Wolfe,
Cone, Lawson, Wright.
Crocker, Little,
So the motion was lost.
On motion the Beport was taken up by sections.
And on reading the following part of the second sec¬
tion :
Be it enacted, That in each Judicial circuit or district
in this State, an election shall be had and held for one
Judge of the Superior Courts in the order following;
Mr. Foster moved to amend by striking out the words
" that in each Judicial district or circuit," and inserting
in lieu thereof the words " that in all the counties."
Which was lost.
And on the sixth section being read as follows:
And la it further enacted, That no person shall be
SK2TATE.
415
qualified for and eligible to tbe office of Judge of the Su¬
perior Courts of this State who shall not have been a resi¬
dent citizen of this State for ten years immediately pre¬
ceding his election, and who shall not have been a resi¬
dent inhabitant of the circuit or district in which he may
be elected, for at least three years next before his election,
and who shall not have arrived at the age of thirty years,
and who shall not have been duly admitted and licensed
to plead and practice in the several courts of law and
equity in this State (except the Supreme Court) five years
at least prior to his election.
Mr. Wright moved to amend by striking out the words
" ten years," and inserting in lieu thereof the words " five
years."
Which was lost.
Mr. Knight moved to amend by striking out the words
" three 'years," and inserting in lieu thereof the words
" one year."
Which was agreed to.
Mr. Reed moved to amend by striking out all after the
words " thirty years."
On which motion the yeas and nays were required to be
recorded, and are, yeas 16, nays 23.
Those who voted in the affirmative, are Messrs.
Bryan, Farris, McCune,
Butler, Flournoy, McRae,
Calhoun, Foster, Moore,
Chappell, Griggs, Reed,
Coffee, Harris, Tumlin.
Dickinson,
Those who voxed in the negative, are Messrs.
Anderson, Hardeman, Slaughter,
Bearers, Harman, Stroud,
Bethune, Hicks, Walthour,
John L. Bird, Knight, Wellborn,
Philip M. Byrd, Lawson, Wilcox,
Cone, Little, Wolfe,
Crocker, Mosely, Wright.
Flewellen, Simmons,
So the motion was lost.
Mr. Foster moved to amend by adding at the close of
the section the words : " and no person shall bo eligibly
for two terms in succession.*'
416 JOUBNAXi 05" THB
On which motion, the yeas and nays were required to
be recorded, and are—yeas 11, nays 28.
Those who voted in the affirmative, are Messrs.
Calhoun, Foster, McRae,
Crocker, Griggs, Moore,
Dickinson, Hardeman, "Wellborn..
Flewellen, Harman,
Those who voted in the negative, are Messrs.
Anderson, Farris, Heed,
Beavers, Flournoy, Simmons,
Bethune, Harris, Slaughter,
Bryan, Hicks, Stroud,
Butler, Knight, Tumlin,
John L. Bird, Lawson, Walthour,
Philip M. Byrd, Little, Wilcox,
, Chappell, McCune, Wolfe,
Coffee, Mosely, Wright.
Cone,
So the motion was lost.
Mr. Harman moved to amend by adding the following
as an additional section :
u And be it further enacted, That the several Judges
of the Superior Courts of this State, to be elected under
this Act, shall alternate in such manner as that no Judge
shall ride the same circuit more than twice during the
time for which he is elected, said Judges to arrange be¬
tween themselves the particular circuits each will ride."
Mr. Anderson moved to amend the amendment by add¬
ing thereto the words :
" That the salary of said Judges shall be thirty-five
hundred dollars each."
Which was lost.
The question then recurred upon agreeing to the amend¬
ment.
On which motion the yeas and nays were required to be
recorded, and are, yeas 12, nays 25.
Those who voted in the affirmative are Messrs.
Bethune, Hardeman, Mosely,
Calhoun, Harman, Reed,
Dickinson, Lawson, Wolte,
Foster, McRae, Wright.
SENATH.
Those who voted in the negative, are Messrs,
4XX
Anderson,
Beavers,
Bryan,
Butler,
■John L. Bird,
Philip M. Byrd,
Chappell,
Coffee,
Cone,
Crocker,
Farris,
Flewellen,
Flournoy,
Harris,
Hicks,
Knight,
Little,
McCune,
Simmons,
Slaughter,
Stroud,
Tumlin,
Walthour,
"Wellborn,
Wilcox.
So the motion was lost.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the special Order of the Hay,
the Report of the Committee of the Whole on the bill of the
House of* Representatives for the government and manage¬
ment of the Western and Atlantic Railroad.
And on reading the following part of the second sec¬
tion :
Be it enacted\ It shall be the duty of the Governor of
this State to appoint an officer, who shall be styled the
Superintendent of the Western and Atlantic Railroad, &c.
Mr. Cone moved to amend by/striking out the words
"the duty of the Governor of this State," and insert the
words " shall be elected by the Legislature."
On which motion, the yeas and nays were required to
be recorded, and are—yeas 13, nays 25.
Those who voted in the affirmative, are Messrs.
Beavers, Flournoy, Wellborn,
Butler, # Harman, Wilcox,
Jbhn L. Bird, Harris, Wolfe,
Cone, McCune, Wright.
Flewellen, •
Those who voted in the negative, are Messrs.
Anderson,
Bethune,
Bryan,
Philip M. Byrd,
Calhoun,
Chappell,
Coffee,
•Crocker,
Dickinson,
Farris,
Foster,
Hardeman,
Hicks,
Knight,
Laws on,
Little,
McRae,.
Moore,.
Mosely,}
Reed,
Simmons,
Slaughter,
Stroud,
Tumlin,
W althour.
So the motion was lost.
27
418 JOURNAL OF THB
And on reading the following part of the third sec¬
tion :
" The Superintendent shall also have power, with the
approval of the Governor, to settle all claims against the
Western and Atlantic Railroad-; and should any dispute
arise concerning any claim which cannot be amicably
settled, the claimant shall be authorized to bring suits in
any of the Superior Courts of the several counties of this
State through which the said Road passes against the
Superintendent of the Western and Atlantic Railroad, in
his official character."
The Committee on Internal Improvement moved to
amend by striking out all after the words " amicably
settled," and insert in lieu thereof the following, to-wit:
" Same may be referred to the arbitrament and award
of three arbitrators—one selected by the Superintendent,
one by the claimant, and a third by the two so chosen—
the award of which arbitrators, or of a majority of them,
shall be binding and conclusive, when filed in the Clerk's
office of the Superior Court of Del! alb county, unless
either party shall enter an appeal within ten days after
the filing of said award on the books of minutes of said
Court, signed by the Superintendent or other party appeal¬
ing, and which appeal shall stand for trial at the first term
of said Superior Court, after said appeal is entered under
the same rules as other appeal cases, and the verdict and
judgment thereto shall be final."
Which was agreed to.
And on reading the following part of the Bame section
as follows, to-wit:
" It shall be the duty of the Superintendent to make all
necessary rules and regulations for the proper conduct of
the business of the road, and the enforcement of discipline
and subordination, and he may impose penalties for a iso¬
lation of said rules, and for breaches of duty by all per¬
sons in the employment of said Road.
Mr. Harman moved to amend by striking out all after
the words " discipline and subordination."
Which was lost.
And on reading the following part of the same sec¬
tion :
" The salary of the Superintendent shall be three thou¬
sand dollars per annum, quarterly."
Mr. McCune moved to amend by striking out the word
" three," and insert in lieu thereof the word " four."
Which was lost.
Mr. Mosely moved to amend by striking out the word
" three," and insert in lieu thereof the word " two."
The question was divided.
SENATE. 419
And on the motion " to strike out," the yeas and nays
were required to be recorded, and are, yeas 10, nays 27.
Those who voted in affirmative, are Messrs.
Gone,
Bay,
Dickinson,
Flournoy,
Little,
McRae,
Mosely,
Reed,
Simmons,
Wright.
Those who voted iu the negative, are Messrs.
Anderson,
Bethune,
Bryan,
Butler,
John L. Bird,
Philip M. Byrd,
Calhoun,
Chappell,
Coffee,
Crocker,
Fan-is,
Flewellen,
Foster,
Hardeman,
Harman,
Harris,
Hicks,
Knight,
Lawson,
McCune,
Moore,
Slaughter,
Stroud,
Tumlin,
Walthour,
Willcox,
Wolfe.
So the motion to strike out was lost.
And on reading the following part of the same section,
to-wit:
" It shall be the duty of the Governor to make out and
deliver to the said Superintendent a commission under
the seal of the State, and the said Superintendent, for any
corrupt or fraudulent conduct in violation of his duty and
the oath herein prescribed, shall be liable to impeachment.
Mr. Simmons moved to amend by adding the following
words, " in addition to the penalties now prescribed by
law."
Which was agreed to.
Mr. Cone moved to amend by adding the following as
a proviso:
Provided no member of the present Legislature shall
be appointed to any office on said Road."
On which motion the yeas and nays were required to
be recorded, and are—yeas 18, nays 21.
Those who voted in the affirmative are Messrs.
Beavers, Day, Bittle,
Bryan, Flewellen, McCune,
Butler, Flournoy, Wellborn,
John L. Bird, Harman, Wilcox,
Philip M. Byrd, Harris, Wolfe,
Cone, Knight, Wright.
420
JOTJRNAI. OV THE
Those who voted in the negative, are Messrs.
Anderson,
Bethune,
Calhoun,
Chappell,
Coffee,
Crocker,
Dickinson,
Farris, Mosely,
Foster, Heed,
Hardeman, Simmons,
Hicks, Slaughter,
Lawson, Stroud,
MeRae, Tumlin,
Moore, Walthour.
So the motion was lost.
On motion, the Senate adjourned until 3 o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate resumed the unfinished business of the
morning, to-wit:
The consideration of the Deport of the Committee of
the "Whole on the bill of the House of Representatives,
" for the government and management of the Western
and Atlantic Railroad."
And on reading the following part of the fourth sec¬
tion :
" It shall be the duty of the Treasurer to make a quar¬
terly statement of the receipts and disbursements of his
office, which shall be published with the Superintendent's.
The salary of the Treasurer shall be two thousand dollars
per annum."
The Committee on Internal Improvements moved to
amend by inserting after the words " to make " the words
" a monthly statement to the Governor and."
Which was agreed to.
They proposed further to amend by inserting after the
word " which " the word " last."
Which was agreed to.
Mr. Harman moved to amend by striking out the words
" two thousand dollars," and insert in lieu thereof the
words " sixteen hundred dollars."
The question was divided, and the motion to " strike
out "was agreed to.
Mr. Anderson moved to fill the blank with " eighteen
hundred dollars."
On which motion the yeas and nays were required to
be recorded, and are—yeas 19, nays 20.
Three o'Clock, P. M.
SHNATB. 421
Those who voted in the affirmative, are Messrs.
Anderson, Farris, Moore,
Bethune, Flewellen, Heed,
Calhoun, Foster, Boss,
Ghappell, Hardeman, Slaughter,
Coffee, Hicks, Tumlin,
Crocker, Lawson, Walthour.
Dickinson,
Those who voted in the negative are Messrs.
Beavers, Flournoy, Simmons,
Bryan, Harman, Stroud,
Butler, Harris, Wellborn,
John L. Bird, Little, Willcox,
Philip M. Byrd, McOune, Wolfe,
Cone, McRae, Wright.
Day, Mosely,
So the motion was lost.
Mr. Anderson moved to fill the blank with " sevent een
hundred dollars."
On which motion the yeas and nays were required to
to be recorded, and are—-yeas 19, nays 21.
Those who voted in the affirmative, are Messrs.
Anderson, Farris, Moore,
Bethune, Flewellen, Reed,
Calhoun, Foster, Ross,
Chappell, Hardeman, Slaughter,
Coffee, Hicks, Tumlin,
Crocker, Lawson, Walthour.
Dickinson,
Those who voted in the negative, are Messrs.
Beavers, Flournoy, Mosely,
Bryan, Harman, Simmons,
Butler, Harris, Stroud,
John L. Bird, Knight, Wellborn,
Philip M. Byrd, Little, Wilcox.
Cone, McOune, Wolfe,
Day, McRae, Wright
So the motion was lost.
422 JOHKNAIi OF TUB
Mr. Harman moved to fill the "blank with the word a
" sixteen hundred dollars."
Which was agreed to.
And on reading the fifth section as follows:
" It shall be the duty of the Governor to appoint an
Auditor of Accounts for the Western and Atlantic Kail-
road ; it shall be the duty of the Auditor to examine and
pass all bills and accounts against the Koad, and no war¬
rant shall be paid by the Treasurer unless certified by
the said Auditor.
" It shall also be the duty of said Auditor to examine
and supervise all books kept by the subordinate account¬
ing officers of said Koad. The salary of the Auditor shall
be fifteen hundred dollars per annum, and he shall give a
bond with security, to be approved by the Governor, for
the faithful discharge of the duties of his office, in the
sum of fifteen thousand dollars."
Mr, McCune moved to amend by striking out the whole
of the section.
On which motion, the yeas and nays were required to
be recorded, and are- yeas 15, nays 25.
Those who voted in the affirmative, are Messrs.
Beavers, Harman, Mosely,
Bryan, Harris, W althour,
Butler, Little, Wilcox,
Cone, McCune, Wolfe,
Flournoy, McKae, Wright.
Those who voted in the negative, are Messrs.
Anderson, Dickinson, Moore,
Bethune, Farris, Keed,
John L. Bird, Flewellen, Ross,
P. M. Byrd, Foster, Simmons,
Calhoun, Hardeman, Slaughter,
Chappell, Hicks, Stroud,
Coffee, Knight, Tumlin,
Crocker, Lawson, Wellborn.
Day,
So the motion to strike out was lost.
And on reading the following part of the eighth section,
to-wit:
"It shall be the duty of the Superintendent to require
tickets for passengers to be sold at every station or depot
on said Road, and passengers neglecting to obtain such
tickets shall be charged an extra price."
senate. 423
Mr. Wellborn moved to amend by striking ont all after
the words " said Road."
Which was lost.
Andon reading the tenth section, as follows :
Be it enacted, That the term of office of the Superin¬
tendent to be appointed by the Governor under the pro¬
visions of this Act, shall expire on the first day of Janu¬
ary, 1854, and that his successor in office shall be elected
by the next Legislature.
Mr. McCune moved to amend by striking out all after
the words " January, 1854," and insert in lieu thereof the
following:
" And his successor in office shall be elected by the
people of Georgia qualified to vote for Governor, on the
first Monday in October, 1853."
Which was agreed to.
Mr. Farris moved to amend by adding the following
as additional sections:
Sec. 11. Every accident on the Road resulting in loss
of life, or injury to the Road or its equipments, or injury
to person or property, or loss of property, shall, immedi¬
ately after its occurrence, be fully investigated by the Su¬
perintendent, who shall make a written statement of the
causes that lead to it, and of all material circumstances
attending it, and have the same recorded in a book to be
kept in his office for the purpose.
Sec. 12. If injury to the Road or its equipments, or to
person or property, occur from the wilful misconduct or
negligence of any conductor, engineer, runner, or other
person having charge of a train, locomotive or car, the
person so causing the injury shall be removed by the
Superintendent, and be guilty of a misdemeanor, for which
he may be indicted, and on conviction fined and impris¬
oned at the discretion of the court; and if the death of
any person, or great bodily injury, be caused by such wil¬
ful misconduct or negligence, the person so causing it
shall be deemed guilty of a high misdemeanor; and, on
conviction, be sentenced to confinement in the Peniten¬
tiary for not less than years, nor more than
years.
Sec. 13. Each conductor, engineer or runner of a train
shall, before a commencement of his service, give bond in
a sum not less than five thousand dollars, with good se¬
curity, to be approved* by the Superintendent, conditioned
for the due'and faithful performance of the duties of his
station; and if loss or injury occur to the Road, or to in¬
dividuals, by the wrongful act of such conductor, engineer
or runner, he and his sureties shall be liable on their bond
to answer for the same.
Mr. Farris moved to amend the amendment by filling
4M
JOURNAL OP THB
the first blank with the word " two," and the second blank
with the word " five."
Which was agreed to.
Mr. Anderson moved to amend the third section of the
amendment by striking out the words " engineer or run¬
ner." Which was agreed to.
Mr. McCune moved to amend the amendment by strik¬
ing out the words " five thousand," and insert in lieu there¬
of the words " three thousand."
Which was agreed to.
The amendment, as amended, was then agreed to.
Mr. Harman moved to amend by adding the following
aa an additional section :
Me it further enacted, That any conductor on the pas¬
senger or freight trains, engineer, runner, or other person
having charge of any train, who shall, while conducting
or running such train on said Road, become intoxicated,
shall forthwith be removed from office by the Superinten¬
dent.
Which was agreed to.
Mr. Calhoun moved to amend by adding the following
as an additional section :
And be it further enacted, That each depot agent to be
appointed by said Superintendent shall, before he enters
on the duties of his office, give bond and good secuity in
such sum as the Superintendent may require, payable to
his Excellency the Governor for the time being, and his suc¬
cessors in office, conditioned for the payment of all moneys
which may come into his hands as such agent, to the per¬
son entitled by law to receive the same, which bond it
shall be fhe duty of the Superintendent of said Koad to
take, and to deposit the. same in the office of the Treasurer;
and said agents and each Conductor shall take and sub'
ecribe an oath faithfully to discharge all the duties of his
office to the best of his ability, and fully to account for
all moneys which may come into their hands belonging to
this State.
Which was agreed to,
The Select Committee, to whom the bill was referred,
moved to amend by offering the following substitute.
A Bill to be entitled an Act to incorporate the Western
and Atlantic Railroad, aud provide for the government
and management of the same.
On motion of Mr. Foster, the substitute was taken up
by sections.
And on reading the following part of the third section:
" It shall be the duty of the Governor of this State to
appoint an officer, who shall be styled the Superintendent
of the Western and Atlantic Railroad, and who shall hold
bis office until 1st of January, 1853.
SHNA.TH. 425
Mr. McCune moved to amend by striking out tbe words
" Governor of this State to appoint," and insert in lieu
thereof the words " Legislature at its present session to
elect."
On which motion the yeas and nays were required to
be recorded, and are—yeas 13, nays 28.
Those who voted in the affirmative are, Messrs.
Beavers, Dickinson, McCune,
Butler, Flournoy, "Wilcox,
John L. Bird, Harman, Wolfe,
Cone, Harris, Wright.
i>ay>
Those who voted in the negative, are Messrs.
Anderson, Foster, Mosely,
Bethune, Griggs, Heed,
Bryan, Hardeman, Boss,
P. M. Byrd, Hicks, Simmons,
Calhoun, Knight, Slaughter,
Chappell, Lawson, Stroud,
Coffee, Little, Tumlin,
Crocker, McBae, Walthour,
Farris, Moore, Wellborn.
Flewellen,
So the motion was lost.
Mr. Anderson moved to amend by striking out " 1853,"
and inserting in lieu thereof " 1851."
The question was divided.
And on the motion to strike out, the yeas and nays
were required to be recorded, and are—yeas 11, nays 30.
Those who voted in the affirmative, are Messrs.
Anderson, Coffee, Beed,
Bryan, Farris, Slaughter,
Philip M. Byrd, Hicks, Tumlin.
Chappell, Moore,
Those who voted in the negative, are Messrs.
Beavers, Cone, Flournoy,
Bethune, Crocker, Foster,
Butler, Day, Griggs,
John L. Bird, Dickinson, Hardeman,
Calhoun, Flewellen, Harman,
426
JOURNAL OF TUB
Harris,
Knight,
Lawson,
Little,
McCune.
McRae,
Mosely,
Ross,
Simmons,
Strond,
Walthour,
W ellborn,
Wilcox,
Wolfe,
W right.
So the motion to strike out was lost.
And on reading the following pari of the fourth section,
to-wit:
Be it further enacted, That there shall be an election
held on the first Monday in October next, for three Com¬
missioners, by the voters of this State qualified to vote for
members of the General Assembly, which election shall
be conducted in the same manner, and held at such places
as now prescribed by law for the election of members of
the General Assembly ; and the Superintendents of elec¬
tions in the several counties shall consolidate and forward
to the Governor the returns of said elections in the same
manner as now prescribed by law in the election for
members of the General Assembly, which returns the
Governor shall examine, and by the first day of November
thereafter make known by proclamation the names of tljie
three persons having the highest number of votes, and
proclaim them duly elected Commissioners of said Road,
and said persons so elected shall, on the first Monday in
December, meet at the seat of Government, and shall, in
in the presence of the Governor, proceed to determine by
lot the length of the term of office for which each shall
serve, in the following manner, &c. „
Mr. Simmons moved to amend by striking out the word
" October," and insert in lieu thereof the word " Novem¬
ber."
Which was agreed to.
Mr. Foster moved to amend by striking out the word
"November," and insert in lieu thereof the word "Feb¬
ruary," and by striking out the word " December," and
inserting in lieu thereof the word " March."
Which was agreed to.
And on reading the following part of the fifth section:
"Said Commissioners shall receive the sum of"
Mr. Foster moved to fill the blank with the words " ten
dollars per day."
Which* was lost.
Mr. Simmons moved to fill the blank with the words
" six dollars per day, and five dollars for every twenty
miles in going to and returning from the place of meeting
to the residence of the Commissioners."
SENATE. 427
The question was divided, and the motion to fill the
blank with " six dollars per day,"
Was agreed to.
The motion to fill the blank with " five dollars for every
twenty miles, in going to and returning from the place of
meeting to the residence of the Commissioners,"
Was lost.
Mr. Bethune moved to fill the blank with " four dol¬
lars" for every twenty miles.
Which was agreed to.
And on reading the following part of the sixth section :
" The Superintendent shall have power and authority
to settle all claims against the said Road amicably, or bv
submission to arbitration, and shall be the person served
in all suits brought against the Western and Atlantic Rail¬
road," &c.
Mr. McCune moved to amend by inserting after the
word " arbitration," the words " with the approval of the
Governor or Board of Commissioners."
Which was agreed to.
And on reading the following part of the same section:
" It shall be the duty of the Superintendant to make
and transmit to the Governor, statements of the trans¬
actions of the Road, its receipts and expenditures," &c.
Mr. Foster moved to fill the blank with the word " quar¬
terly."
Which was agreed to.
And on reading the following part pf the same section:
" All contracts for transporting the mail," and all others
involving five thousand dollars and upwards, as herein
before provided to be made by the Superintendant, shall
be until the first day of January, 1853, subject to the ap¬
proval of the Governor," &c.
" Mr. Foster moved to amend by striking out the word
" January," and inserting' in lieu thereof, the word
"March."
Which was agreed to.
And on reading the following part of the same section :
" The salary of the Superintendant shall be •
and before entering upon the discharge of his duties," &c.
Mr. Foster moved to fill the blank with the words " three
thousand dollars."
Which was agreed to.
And on reading the following part of the eighth section :
" It shall be the duty of the Treasurer to make to the
Governor, for the year 1852, statements of the re¬
ceipts and disbursements of his office."
Mr. Foster moved to fill the blank with the word
" monthly.".
Which was agreed to.
4:28 , JOURNAL OP THB
And on reading the following part of the same section :
" The salary of the Treasurer shall be two thousand dol¬
lars."
Mr. Mosely moved to amend by striking out the words
" two thousand dollars," and inserting in lieu thereof, the
words " sixteen hundred dollars."
"Which was agreed to.
And on reading the following part of the ninth section :
"The salary of the Auditor shall be fifteen hundred
dollars per annum."
Mr. Mosely moved to amend by striking out the words
" fifteen hundred," and inserting in lieu thereof, the words
" one thousand."
On which motion, the yeas and nays were required to
be recorded, and are yeas 20, nays 19.
Those who voted in the affirmative, are Messrs.
Beavers, • Flournoy, Boss,
Bryan, Harman, Simmons,
Butler, Harris, Walthour,
John L. Bird, Little, Willcox,
Philip M. Byrd, McCune, Wolfe,
Calhoun, Moore, Wright.
Day, Mosely,
Those who voted in the negative, are Messrs.
Bethune, Flewellen, McRae,
Chappell, Foster, Reed,
Coffee, Griggs, Slaughter,
Cone, Hardeman, Stroud,
Crocker, Hicks, Tumlin,
Dickinson, Lawson, Wellborn.
Farris,
The President voting in the negative, the motion was
lost.
Mr. Day moved to amend by striking out the word
" fifteen," and inserting in lieu thereof, the word " twelve."
On which motion, the yeas and nays were required to
be recorded, and are yeas 25, nays 15.
Those who voted in the affirmative, are Messrs.
Anderson, John L. Bird, Day,
Beavers, Philip M. Byrd, Dickinson,
Bryan, Calhoun, Flournoy,
Butler, Cone, Harman,
skxatb. 429
Harris, Mosely, W althour,
Little, Ross, Wilcox,
McOune, Simmons, Wolfe,
McRae, Stroud, Wright.
Moore,
Those who voted in the negative, are Messrs.
Bethune, Flewellen, Lawson,
Chappell, Foster, Reed, *
Coffee, Griggs, Slaughter,
Crocker, Hardeman, Tumlin,
Farris, Hicks, Wellborn.
So the motion prevailed.
On motion of Mr. Anderson, the further consideration
of the Report was postponed until to-morrow.
On motion, the Senate adjourned until 7 o'clock, P. M.
Seneh- o'clock, P. M.
The Senate met pursuant to adjournment. .
The Senate took up, as the Report of the Committee of
the Whole, the hill to authorize the Ordinary of Wayne
county, to keep his office at his own residence in said
county.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to change the line between the coun¬
ties of Pike and Spalding.
And on motion, the Report was indefinitely postponed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to change the line of the county of
Spalding, so as to include a small portion of the north-east
corner of Monroe county.
On motion, the Report was postponed indefinitely.
The following Bills were taken up, read the second time,
and referred to the Committee of the Whole:
A Bill to authorize his Excellency the Governor to have
iesued to Lovick L. Wittich, of Newton county, in said
State, a grant for lot of land No. 738, in the 3d district
and 4th section of Cherokee.
Also, a Bill to open and construct a Railroad from the
terminus of the North Carolina Railroad, at or near the
430
JOURNAL OF THH
Locust Stake, on the State line, and thence by the most
practicable route by way of Clayton, in Rabun county,
to intersect the South Carolina Railroad at Anderson
Court-house.
Also, a Bill to incorporate the Culloden Railroad Com¬
pany, with powers to construct a Railroad from the town
of Culloden, in Monroe county, to the town of Barnesville,
in Pike county.
Also, a Bill to amend the Road laws of this State.
Also, a Bill to authorize Robert C. McCulloch, of the
city of Griffin, and the county of Spalding, to practice
Medicine on the Dutch and Indian system of practice,
and to charge therefor.
Also, a Bill to alter and amend an Act, approved De¬
cember 22d, 1841, to compensate the Grand and Petit
Jurors of Campbell county, and to authorize the Justices
of the Inferior Court to levy an extra tax for that purpose.
Mr. Cone moved that the Committee on the Judiciary
report back to the Senate, the bill of the House of Repre¬
sentatives in relation to the office of Ordinary.
"Which was lost.
The Senate took up, as the Report of the Committee of
the "Whole, the bill of the House of Representatives, to
authorize the Justices of the Inferior Courts of Walton and
Henry counties, to psy to Thomas G. Wood, of Walton
county, and William Hadden, of Henry county, certain
sums of money for teaching the poor children of said coun¬
ties, in the years 1848 and 1849.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
authorize the Rock Island Factory of Muscogee county,
to issue and sell the bonds of the Company, and secure
the same, and for other purposes therein named.
Mr. Flewellen moved to amend by adding the follow¬
ing as an additional section :
And be it further enacted, That the " Augusta Machine
Works," by their proper officers, shall be and they are
hereby authorized to issue their bonds to the same amount
of like denominations and rate of interest, secured in the
same manner and under the same restrictions as are here¬
in before specified in relation to the Rock Island Factory."
Which was agreed to.
Mr. Flournoy further moved to amend by adding the
following as an additional section :
And be it further enacted, That all the privileges and
powers conferred upon the Rock Island Factory by this
SENATE. 431
Act, be likewise extended to tbe Coweta Falls Manufac¬
turing Company, and the Howard Factory.
Whidi was agreed to. *
Mr. Anderson moved farther to amend by adding the
following as an additional section :
Be it further enacted, That the same privileges as are
by this Act conferred upon the Rock Island Factory
Company, be extended to all other Manufacturing Com¬
panies in this State.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee
of the Whole, the bill of the House of Representatives to
prescribe the mode of compensating the Jurors of the Su¬
perior and Inferior Courts of the counties of Lumpkin,
Habersham and Murray.
Mr. Knight moved to amend by adding the following
as an additional section:
Be it f urther enacted, That the Superior Court of the
county of Richmond shall hereafter be held on the fourth
Mondays of January and June in the present year, and
each year therealter.
Which was agreed to.
The Report, as amended, was agreed to.
The bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, for
the'relief and benefit of Jemima Green, of the county of
Irwin. '
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
incorporate the Georgia Mechanical and Manufactural In¬
stitute, in the city of Macon, and to confer certain privile¬
ges upon the same.
And on reading the third section, as follows, to-wit:
Said Institute shall be located in the city of — per¬
manently, unless removed by the votes^ of two-thirds of
the members present at any annual meeting.
Mr. Harman moved to amend by filling the blank with
the word " Macon."
Which was agreed to.
The Report, as amended, was agreed to.
•The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives, for
the relief of the estate of James Mapp, deceased, of Greene
county.
432 JOUBKAli OP THE
Mr. Calhoun moved to amend by adding the following
as an additional section:
Be it further enacted, That* the sum of eighteen dollars
be appropriated to refund to James T. Humphries that
amount of tax assessed and collected on property as his,
in the county of Scriven, in the year 1849, which had been
removed by him to the county of DeKalb, and paid taxes
on there, or was paid for by others, in the year 1849, and
that the Governor draw his warrant on the Treasury for
the same.
Which was agreed to.
Mr. Calhoun moved further to amend by adding the
following as an additional section :
Be it further enacted, That the sum of fifty-eight dol¬
lars and thirty-two cents, be and the same is hereby ap¬
propriated to pay to E. Mason, the interest on four seven
per cent, bonds of the State af Georgia, numbers 42, 43,
44 and 45, for $1,000 each, from the first day of March,
1850, until the 16th day of May, 1850, the principal and
interest on said bonds having been paid to said Mason on
the 16th day of May, 1850, except thd interest on the
same from the first day of March, 1850, until the 16th
day of May, 1850, and that the Senator Irom the 31st
Senatorial District be authorized to receive and receipt for
the sam e.
Which was lost.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
allow Margaret Young, late Margaret Oliver, to marry
again, and for her relief.
The Report was agreed to.
The Bill was read the"*third time and passed.
The following message was received irom the House of
Representatives by Mr. Sturgis their Clerk:
Mb. Pbesident : The House of Representatives has
passed a Bill
To alter and fix the time of holding the Superior Courts
in the South-Western Circuit, and to change the time of
holding the Inferior Courts in the counties of Sumter and
Lee, and to require the Judge of said Circuit to hold Court
two weeks in SumLr and Lee, at each term of said Court,
if the business is not disposed of in a shorter period, and
to draw two panels of Grand and Petit Jurors in said
counties of Sumter and Lee, and to legalize the adjourned
terms of Decatur, Early, and Baker, Superior Courts, and
to change the time of holding the Fall Term of the Supe¬
rior Court in the county of Steward v
SENATE. 438
And I am directed to communicate the same forthwith
to the Senate.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the Speaker of the
House of Bepresentatives, and ready for the signature of
the President of the Senate,
An Act to alter the time of holding the Inferior Courts
for the counties of DeKalb and Carroll.
Also, an Act to amend the law in relation to public
sales.
Also, an Act to fix the fees of Sheriffs, Constables, and
Coroners, in certain cases therein specified, and to provide
for taxing the same.
Also, an Act to extend and define the corporate limits
of the town of Newnan, in the county of Coweta, to pro¬
vide for the election of Intendant and Commissioners for
the Same, to define their powers, and for other purposes
therein named.
Also, an Act for the relief of the teachers of poor children
of the county of Upson, for the year 1850.
Also, an Act to incorporate the Americus Female Insti¬
tute in the county of Sumter.
Also, an Act to extend the corporate limits of the town
of Oxford, in Hewton county, ana to exempt certain lands
therein embraced from any additional rate of taxation on
account of being embraced in said corporate limits.
Also, an Act to authorize the relator in any writ of
mandamus to traverse the answer or return of any per¬
son, officer, corporation or court of this State, to any writ
of mandamus issued by the Superior Courts of this State.
Also, an Act to amend the several Acts of force in rela¬
tion to the incorporation of the town of LaGrange, Troup
county, so as to extend and define the powers of the cor¬
porate authorities of said town, and for other purposes.
Also, an Act to reduce the Sheriff's bond in the county
of Madison.
Also, an Act to preserve the purity of public elections in
this State, and prevent Magistrates who may hold county,:
city or town offices, from presiding at county, city or
town elections, so far as relates to the county of Chatham.
Also, an Act to repeal all laws heretofore passed, chang¬
ing the residence of citizens of this State from one county
to another, without altering the boundary lines between
the said counties.
Also, an Act to amend an Act entitled an Act to compel
the several Banks of this State to redeem their liabilities
in specie, and to provide a forfeiture of such as may re¬
fuse, assented to the 13th day of December, 1840; and
an Act entitled an Act for the relief of certain banks
which have suspended specie payments, against which
28
4S4 JOURNAL ON TOT
judicial proceedings have been instituted for the forfeiture
of their charters, assented to on the 10th December, 1841 j
and also an Act further amendatory of said Acts, assent¬
ed to on the 13th of December, 1842.
The following Bills of the House of Representatives
were taken up, read the second time, and referred to the
Committee of the Whole:
A Bill to amend an Act to permit all the specie pay¬
ing solvent Banks of this State, to issue bills of a de¬
nomination less than five dollars, assented to December
37th, 1842.
Also, a Bill to incorporate the town of Calhoun, in the
county of Gordon.
Also, a Bill to refund to Ira Sanburn, of Decatur county,
a certain sum of money therein named.
Also, a Bill to incorporate the Clarksville and Tugaloo
Rail or Plank Road.
Also, a Bill to appoint certain persons hereinafter named,
commissioners, and to authorize said persons to obstruct a
portion of the channel of the river Canoochee, in the
county of Bryan, at their own expense, for the protection
and safe keeping of the timber, or such rafts of timber that
may be carried down said river for market, by any person
or persons who may hereafter be engaged in the timber
business, upon the waters of the said river Canoochee.
Also, a Bill for the relief of Daniel Hicks, Edward H.
Garrett, John R. Scurry, and Joseph Reeves.
Also, a Bill to incorporate Euharleyville, in the county
of Cass.
Also, a Bill to alter and amend an Act to incorporate
the city of Rome, passed 9th December, 1847.
Also, a Bill for the relief of Reuben S. Willingham,
Tax Collector of Lincoln county.
Also, a Bill to change the lines between the counties of
B&kar and Randolph, so as to include lot of land, No. 10,
in 3d of Baker, in Randolph county.
Also, a Bill^for the relief of "William C. Dmn, Tax Col-
lestcr of Jasper county.
Abo, a Bill to amaad the 15th section of the 9th diri-
»o* of the Penal Coda, at to service of summons upon
partms gailty of fbreibla aotry and detainer, in certain
Also, ft Bill to allow Nathaniel Smith, of Hall county,
i» t.rir &sd receive toll# for the use of his bridge -acre*** tits
Ghisft&hoocWo rivor, and to authoris# Cornelius D. T#r-
bw Georga 'W. Tumi in, to construct a bridge aaross
fee Btowtfk ri^WF, on their own lands, in Casa county, and
t2f sh**.>'•£*; a*1.# tell# from persons crossing th« saisa.
Also, o Bill te altar and ckacg# tka line between ths
taa&eis# af C&srok## and JToraytb.
BESTA.TB. 48 S
Also, a Bill to prevent the driving of any horned cattle
or cattle of the cow kind, from Pickens and Anderson dis¬
tricts in South Carolina, or any other places that may be
infected with the distember, into the county of Rabun, and
to prohibit the driving such cattle and oxen from said
county to distempered places, and then driving the same
back to said county, between the 15th day of May and the
15th day of October, in each year, and for other purposes.
Also, a Bill to incorporate the Baptist Church at Lex¬
ington, Oglethorpe county, and other Churches and Camp-
Grounds therein named ; also to incorporate certain Aca¬
demies therein named; certain Lodges of Free and Ac¬
cepted Masons, certain Lodges of Odd Fellows, Divisions
.of Sons of Temperance, and to establish a ferry on Flint
river, &c.
Also, a Bill to alter and change the line between the
counties of Cass and Floyd, and to define and change
the lines of other counties therein named.
Also, a Bill for the relief of the Receiver of Tax Returns
for the county of Washington.
The following Bills of the House of Representatives were
taken up and read the first time:
A Bill to repeal an Act, passed D ecember29th, 1847,
to alter the line between the counties of Jones and Jasper.
Also, a Bill to legalize the acts of certain Deputy Clerks
of the Superior Courts, Inferior Courts, and Courts of Or¬
dinary of this State.
Also, a Bill to amend an Act entitled an Act to alter
and amend th® several Acts in relation to Itinerant Trad¬
ers, and to prescribe the mode of their obtaining license,
approved November 27th, 1845, so far as to increase the
tax on said Itinerant Traders in the counties of Jackson,
Pike, Wilkes, Franklin, Sumter and Washington.
Also, a Bill to separate the offices of Tax Collector and
Receiver of Tax Returns for the county of Dooly.
Also, a Bill to repeal a portion of th® Act to compen¬
sate Petit Jurors in the county of Hancock. ^
Also, a Bill to remove an election precinct in the county
of Talbot.
Also, a Bill for th® relief of James Newton, of Jasper
eoanty.
Also, a Bill to extend all the provisions of the Act en¬
titled, an Aet to amend the several Acta now in force
regulating the fees of Magistrates and Constables in the
State of Georgia, so far as rel&wj to the county of Chatham,
and to provide for the mode of eollectiag th& same, ap¬
proved December ; and also the Act entitled
an Aet to axvend the, severij Acta relating to Justices*
Comrta, *o farm rentes to the coeety of Chatham, approved
Deeeinber 19th, to •otaigr of Effinghaie, snd to
436 JOURNAL OF THR
the Justices' Courts, Magistrates and Constables of said
county.
Also,- a Bill to refund to A. J. Taylor, former Collector
of Tax of the county of Lumpkin, the sum of $54 33-100,
which was overpaid by him into the Treasury in the year
1845. *
Also, a Bill to alter and amend an Act entitled an Act,
to provide for the Indigent Deaf and Dumb citizens of this
State ; also, to provide for the appointment of a Commis¬
sioner, to regulate his duties, affix his salary, and to ap¬
propriate money therefor by increasing the annual appro¬
priation, and for other purposes.
Also, a Bill to repeal an Act entitled an Act to compen¬
sate petit Jurors of the Superior and Inferior Courts, so
far as regards the county of Camden, assented to 21st De¬
cember, 1835.
Also, a Bill to alter and change the line between the
counties of Macon and Crawford, so as to add to and in¬
clude within the county ot Macon, lots number 122 and
137 of the eighth district of originally Houston now Craw¬
ford county; also, to alter and change the line between
the counties of Bike and Spalding.
Also, a Bill compelling the Tax Receivers and Collec¬
tors of the counties of Coweta, Early and Fayette, to visit
the house or houses of all widows in said counties before
returning them as defaulters.
Also, a Bill to reduce the Sheriff's bond of Bryan county.
Also, a Bill to incorporate Hewnan Female College.
Also, a Bill to alter and change the district line between
the 959th district and the Centrevillage district, in the
county of Camden.
Also, a Bill to prescribe the manner in which the Laws
of this State shall be printed an d published.
Also, a Bill to amend an Act entitled an Act to incor¬
porate Concord Church, in Tatnall county, approved Feb¬
ruary 5th, 1850, so far as relates to the name of said
Church.
Also, a Bill to change the names and legitimatize the
persons therein named, and for other purposes.
Also, a Bill to incorporate the Zebulon Branch Rail¬
road.
Also, a Bill to authorize certain persons therein named
to clear out and improve the navigation of the Chattahoo¬
chee River above the "Western and Atlantic Railroad, and
for other purposes therein named.
- Also, a Bill to alter and fix the time of holding the Su¬
perior Courts in the South-Western Circuit, and to change
the time of holding the Inferior Courts in the counties of
Sumter and Lee, and to require the Judge of said Circuit
to hold Court two weeks in Sumter and Lee, at each term
senates. 437
of said Court, if the "business is not disposed of in a shorter
period, and to draw two panels of Grand and Petit Jurors
in said counties of Sumter and Lee, and to legalize the
adjourned terms of Decatur, Early and Baker Superior
Courts, and to change the time of holding the Fall Term
of the Superior Court in the county of Stewart.
On motion, the Senate adjourned until half past 9 o'clock
to-morrow morning.
"WEDNESDAY, January 7th, 1352.
The Senate met pursuant to adjournment.
On motion of Mr. Moore, the Senate reconsidered so muck
of the Journal of yesterday as relates to the passage of the
hill of the House of Representatives for the relief of James
Gibson, of the county of Wilkinson, and to authorize and.
require the Governor to draw his warrant upon the Trea¬
surer in favor of said Gibson or his agent, for the sum of
nineteen hundred and two dollars and two cents.
On motion of Mr. Simmons, the Senate reconsidered so
much of the Journal of yesterday as relates to the passage
of the bill of the House of Representatives to authorize the
Rock Island Factory, of Muscogee county, to issue and sell
the bonds of the Company and secure the same, and for
other purposes therein named.
Mr. Cone laid on the table the following Resolution,
which was taken up, read and agreed to:
Resolved, That the bill of the House of Representatives
limiting and defining the duty of the Ordinary, which was
referred to the Judiciary Committee, be returned to the
Senate.
And on motion the bill was taken up and made the spe¬
cial order of the day for to-morrow.
The following Message was received from the Governor
by Mr. Paine, his Secretary :
Me. President :—I am directed by the Governor to lay
before this Branch of the General Assembly a communica¬
tion in writing.
The Senate proceeded with the unfinished business of
yesterday, which was the substitute offered by the select
Committee for the bill of the House of Representatives for
the government and management of the Western and At¬
lantic Railroad.
And on reading the tenth section, as follows:
All bonds required by this Act shall be made payable
to the Governor of this State and his successors in office.
4 38
jotraarAL o» thh
Mr. Foster moved to amend by adding the following, to-
wit: "And recorded and hept of file in the Clerk's office
of the Superior Court of DeKalb county, and certified co¬
pies thereof shall he evidence in any Court of law and equi¬
ty in this State.
Which was agreed to.
Mr. Foster moved to amend by adding the following as
additional sections:
Every accident on the Eoad resulting in loss of life or
injury to the Eoad or its equipments, or injury to person or
property, shall immediately after its occurrence, be fully
investigated by the Superintendent, who shall make a writ¬
ten statement of the causes that led to it, and of all mate¬
rial circumstances attending it, and have the same recorded
in a book kept in his office for the purpose.
And be it further enacted, If injury to the Eoad or its
equipments, or to person or property occur from the wilful
misconduct of any conductor, engineer, runner or other
person, having charge of a train, locomotive or car, the per¬
son so causing the injury shall be removed by the Super¬
intendent and be guilty of a misdemeanor, for which he
may be indicted and on conviction be fined and imprisoned
at the discretion of the Court; and if the death of any per¬
son, or great bodily injury be caused by such wilful mis¬
conduct or negligence, the person so causing it shall he
deemed guilty of a high misdemeanor, and on conviction
be sentenced to confinement in the Penitentiary for not less
than two years nor more than five years.
Sec. Each conductor of a train shall, before a com¬
mencement of his service, give bond in a sum not less than
one thousand dollars with .good security, to be approved by
the Superintendent, conditioned for the due and faithful
performance of the duties of his station, and if loss or in¬
jury occur to the Eoad or to individuals by the wrongful
act of such conductor, he and his sureties shall be liable, on
their bond, to answer for the same.
And he it further enacted, That each depot agent to he
appointed by said Superintendent shall, before he enters
on the duties of his office, give bond and good security in
such amount as the Superintendent may require, payable
to his Excellency the Governor for the time being, and his
successors in office, conditioned for the payment of all mo¬
neys which may come into his hands as such agent, to the
person entitled by law to receive the same, which bond it
shall be the duty of the Superintendent of said Eoad to tab
and to deposit the same in the office of the Treasurer, and
said agents, and each conductor, shall take and subscribe
an oath faithfully to discharge all the duties of his office to
the best of his ability, and fully to account for all money®
which may come into their hands belonging to this State.
BEETATB. 4:80
Be it further enacted, That any conductor on the pas¬
senger or freight trains, engineer, runner or other person
having charge of any train, -who shall while conducting or
running such train on said Road become intoxicated, shall
forthwith be removed from office by the Superintendent.
Which was agreed to.
On receiving the substitute as amended, the yeas and
nays were required to be recorded, and are, yeas 26,
nays 16.
Those who voted in the affirmative, are Messrs.
Beavers, Flournoy, Ross,
Bethune, Foster, Simmons,
. Bryan, Griggs, Stroud,
Butler, Hardeman, Tomlinson,
Cone, Harman, Wellborn,
Crocker, Harris, Wilcox,
Hay, McCune, Wolfe,
Dickinson, McRea, Wright.
Flewellen, Mosely,
Those who voted in the negative, are Messrs.
Anderson, Farris, Moore,
John L. Bird, Hicks, Reed,
Philip M. Byrd, "Knight, Slaughter,
Calhoun, Lawson, Tumlin,
Chappell, • Little, Walthonr.
Coffee,
So the substitute was received.
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 required to be recorded, and are, yes*
28, nays 18.
Those who voted in the affirmative, are Messrs.
Bethune, Foster, Roes,
Coffee, Griggs, Simmons,
Crocker, Hardeman, Slaughter,
Day, Harman, Stroud,
Dickinson, Hicks, Tomlinson,
Farris, Lawson, Wellborn,
Flewellen, McRae, Wrigkt.
Flournoy, Mosely,
440 JOURNAL OP TUB
Those who voted in the negative, are Messrs.
Anderson, Calhoun, Moore,
Beavers, Chappell, Reed,
Bryan, Cone, Tumlin,
Butler, Harris, Wajthour,
John L. Bird, Little, Wilcox,
Bhilip M. Byrd, McCune, Wolfe.
So the Bill was passed.
On motion of Mr. Cone, the following communication
from the Governor, was taken up and read:
Executive Department, )
Milledg&ville, Janua/ry 7 th, 1852. j
In answer to your resolution requesting to he informed
"whether an appropriation of three thousand dollars here¬
tofore made to improve the navigation of the Skid away
Harraws has been drawn or not, by whom and when ?" I
herewith transmit to the Senate copies of reports from the
offices of the Treasurer and Comptroller General, from
which it will appear that no evidence is to be found in eith¬
er of their offices of the payment of such an appropriation.
I find upon examination that by an Act of the General
Assembly of the 19th December, 1817, "the sum of three
thousand dollars for the improvement of the navigation of
the Ogeechee below the mouth of ," was appropriat¬
ed. In 1818 a resolution passed the General Assembly to
the effect "that Jonathan Robinson, Andrew Bird, and
Robert Burton, Esqrs., be and they are hereby appointed
Commissioners to carry into effect the opening of the Skid-
away Harrows, and the said Commissioners are hereby au¬
thorized to receive such monies as have been appropriated
for the navigation of the Ogeecheebut there is no evi¬
dence that these commissioners ever drew from the Treasu¬
ry the three thousand dollars to which your resolution refers.
HOWELL COBB.
On motion of Mr. Cone, the message, together with the
accompanying documents were referred to a select Commit¬
tee, consisting of Messrs. Cone, Anderson and Butler.
Mr. Harman, from the Select Committee on Corporations
to whom was referred the two bHls of the House of Repre¬
sentatives, the Bill to incorporate the Rome Branch Mag¬
netic Telegraph Company, and the bill to amend an Act
entitled an Act to authorize all free white citizens of the
State of Georgia, and such others as they may associate
With them, to prosecute the business of manufacturing with
corporate powers and privileges, passed on the 22d day of
BHNATB. 441
December, 1847, bo far as the Hancock Manufacturing
Company are concerned, and to incorporate said Company,
and to grant to said Company certain privileges, reported
the,same back to the Senate with amendments.
The Senate took up as the special order of the day, the
report of the Committee of the Whole upon the bill of the
House of Eepresentativest to provide means for the equip¬
ment, construction and repair of the Western and Atlantic
Railroad, and to pay off the existing liabilities of the same.
And on reading the first section, as follows:
jBe it enacted, That a sum of money not to exceed six
hundred thousand dollars be raised in the manner hereinaf¬
ter provided, and that the said sum be and is hereby ap¬
propriated for the equipment, construction and repairs of the
said Road, and to discharge the existing liabilities of the
same.
Mr. McCune moved to amend by striking out the words
"six hundred thousand" and inserting in lieu thereof the
words "three hundred thousand."
The question was divided, pending the discussion on the
motion to strike out, the Senate adjourned until three
o'clock, P. M.
THBEE O'Clook, P. M.
The Senate met pursuant to .adjournment.
The Senate resumed the consideration of the unfinished
business of the morning, which was the motion of Mr. Mc¬
Cune to strike out the words "six hundred thousand dol¬
lars."
On the motion to strike out, the yeas and nays were re¬
quired to be recorded, and are yeas 21, nays 19.
Those who voted in the affirmative, are Messrs.
Beavers, Harman, Mosely,
Bryan, Harris, Reed,
Butler, Hicks, Ross,
Philip M. Byrd, Little, Walthour,
Cone, McCune, Wellborn,
Dickinson, McRae, Wilcox,
Flournoy, Moore, Wolfe.
Those who voted in the negative, are Messrs.
Anderson, John L. Bird, Ghappell,
Bethune, Calhoun, Coffee,
442 joubkax o* tot
Crocker, Griggs, Slaughter,
Day, Hardeman, Stroud,
Farris, Dawson, Tomlinson,
Flewellen, Simmons, Tumlin.
Foster,
So the motion prevailed.
Mr. Foster moved to fill the bland with "$550,000."
On which motion, the yeas and nays were required to
he recorded, and are—yeas 19, nays 20.
Those who voted in the affirmative, are Messrs.
Anderson, Day, Lawson,
Bethune, Farris, Simmons,
John L. Bird, Flewellen, Slaughter,
Calhoun, Foster, Stroud,
Chappell, Griggs, Tomlinson,
Coffee, Hardeman, Tumlin.
Crocker,
Those who voted in the negative, are Messrs.
Beavers, Harman, Mosely,
Bryan, Harris, Heed,
Butler, Hicks, Ross,
Philip M. Byrd, Little, Walthour,
Cone, McCune, Willcox,
Dickinson, McRae, Wolfe.
Flournoy, Moore,
So the motion was lost.
Mr. Calhoun moved to fill the blank with "five hundred
and twenty-five .thousand dollars."
On which motion, the yeas and nays were required to
be recorded, and are—yeas 20, nays 20.
Those who voted in the affirmative are Messrs.
Anderson, Day, Simmons,
Bethune, Farris, Slaughter,
John L. Bird, Flewellen, Stroud,
Calhoun, Foster, Tomlinson,
Chappell, Griggs, Tumlin,
Coffee, Hardeman, Wellborn.
Crocker, Laweon,
Those who voted in the negative are Messrs.
SKNATB. 44:3
Beavers, Harman, Mosely,
Bryan, Harris, Beed,
Butler, Hicks, Ross,
Philip M. Byrd, Little, Walthour,
Cone, McCune, Wilcox,
Dickinson, McRae, "Wolfe.
Flournoy, Moore,
The President voting in the affirmative, the motion pre¬
vailed.
The Committee on Internal Improvements moved to
amend by adding the following words to the section: which
shall be audited in such manner as the Governer may di¬
rect before they are paid.
Which was agreed to.
And on reading the following part of the second section,
to-wit :
That to raise the said sum of money the Governor of this
State be and he is hereby authorized and directed to issue
bonds of the State of Georgia in sums of five hundred dol¬
lars each, to an amount not exceeding in the whole six
hundred thousand dollars, which bonds shall be payable
twenty years after their date.
Mr. Reed moved to amend by striking out the words
words "six hundred thousand dollars," and insert in lieu
thereof the words "five hundred and twenty-five thousand
dollars."
Which was agreed to.
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 required to be recorded, and are,
yeas 21, nays 20.
Those who voted in the affirmative, are Messrs.
Anderson, Farris, McRae,
Bethune, Flewellen, Ross,
Calhoun, Foster, Simmons,
Chappell, Griggs, Slaughter,
Coffee, Hardeman, Stroud,
Crocker, Hicks, Tumlin,
Day, Lawson, Wellborn.
Those who voted in the negative, are Messrs.
Beavers John L. Bird, Dickinson,
Bryan, ' Philip M. Byrd, Flournoy,
Bjitler, Cone, Harman,
444 JOUBNAIi OF THE
Harris, Moeely, "Wilcox.
Little, Reed, Wolfe,
McChme, Tomlinson, Wright.
Moore, Walthour,
So the Bill was passed.
Mr. Simmons from the Committee on Enrollment, report¬
ed as duly enrolled and signed by the Speaker of the House
of Representatives, and ready for the signature of the Pre¬
sident of the Senate,
An Act to allow Margaret Young, late Margaret Oliver,
to marry again, and for her relief.
Alio, an Act for the relief and benefit of Jemima Green,
of the county of Irwin.
Also, an Act to provide for the taking the census of the
State of Georgia, in pursuance of the requirements of the
twenty-fifth section of the first article of the Constitution
of the State of Georgia.
Also, an Act to authorize and require the Justices of the
Inferior Courts of Walton and Henry counties to pay to
Thomas G. Wood, of Walton county, and William Had-
den, of Henry county, certain sums of money for teaching
the poor children of Baid counties in the years 1848 and
1849.
On motion the Senate adjourned until 7 o'clock,- P. M.
Seven o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate took up, as the Report of the Committee ot
the Whole, the bill to authorize Robert C. McCulloch, of
the city of Griffin, and county of Spalding, to practice med¬
icine on the Dutch and Indian system of practice, and to
charge therefor.
Mr. Slaughter moved to postpone the report indefinitely.
Which was lost.
Mr. Coffee moved to amend by adding the following as
an additional section, to-wit:
Be it further enacted, That Baley Curbey, of the coun¬
ty of Rabun be allowed to practice medicine, and charge
for the same.
Which was agreed to.
Mr. Crocker moved to amend by adding the following
to-wit:
SENATE. 445
Provided^ They get a license from the Board of Phy¬
sicians.
"Which was lost.
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 required to he recorded, and are, yean
21, nays 16.
Those who voted in the affirmative, are Messrs,
Beavers, Gone, McCune,
Bethune, Day, Mosely,
Bryan, Dickinson, Ross,
Butler, Flournoy, Stroud,
John L. Bird, Harman, Wellborn,
Philip M. Byrd, Harris, Willcox,
Coffee, Lawson, Wolfe.
Those who voted in the negative are Messrs.
Anderson, Hicks, Simmons,
Calhoun, Little, Slaughter,
Crocker, McRae, Tomlinson,
Farris, Moore, Tumlin,
Flewellen, Reed, Walthour.
Hardeman,
So the Bill was passed.
The Senate took up as the Report of the Committee of
the Whole, the bill to open nnd construct a Railroad from
the terminus of the Horth Carolina Railroad at or near the
Locust Stake, on the State line, and thence by the most
practicable route, by way of Clayton, in Rabun county to
intersect the South Carolina Railroad at Anderson Court
House.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to alter and amend an act approved De¬
cember 22d, 1847, to compensate the Grand and Petit Ju¬
rors of Campbell county, and to authorize the Justices of
the Inferior Court to levy an extra tax for that purpose.
The Report was agreed to.
The Bill was read the third time and passed. .
The Senate took up, as the Report of the Committee of
the Whole, the bill to incorporate the Culloden Railroad
Company with powers to construct a Railroad from the town
446 jouBjrAi OP TSBI
of Culloden, in Monroe county, to the town of Barnesville
in Pike county.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the "Whole, the bill of the House of Representatives to pre¬
vent the driving of any horned cattle or cattle of the cow
kind, from Pickens and Anderson Districts in South Caro¬
lina or any other places that may be infected with distem¬
per, into the county of Rabun, and to prohibit the driving
such cattle and oxen from said county to distempered places
and then driving the same back to said county between the
15th day of May and the 15th day of October, in each year,
and for other purposes.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to in¬
corporate the Baptist Church at Lexington, Oglethorpe
county, and other churches and camp-grounds, therein
named; also to incorporate certain academies therein
named; certain Lodges of Free and Accepted Masons;
certain Lodges of Odd Fellows; Divisions of Sons of
Temperance, and to establish a Ferry on Flint River, &c.
And on reading the following part of the fifty-eighth sec¬
tion,
And the same officers of Pond Town Lodge, Ho. 42.
Mr. Crocker moved to amend by striking out the words,
" Pond Town Lodge, Ho. 42," and insert in lieu thereof
the words, " Washington Lodge Ho. 46, Pond Town."
Which was agreed to.
Mr. Mosely moved to amend by adding the following
as an additional section:
Be itficrther enacted, That Luther J. Glenn, High Priest,
Elihu P. Watkins, King, and Francis E. Manson, Scribe,
and the members of McDonough Chapter, Ho. 28, of
Royal Arch Masons, in the county of Henry, and their
successors, be and they are hereby constituted a body cor¬
porate and politic, under the name and style of " Mc¬
Donough Chapter, Ho. 28," and as such shall be capable
in law of. sueing and being sued, pleading and being im¬
pleaded in any of the Courts of this State, and shsJl be
capable of purchasing, holding and selling property, both
real, personal and mixed.
Mr. Moore raised the point of order whether the amend¬
ment could be received, inasmuch as it wae new matter,
and had not been read three times.
The President made the following decision:
The amendment proposed contemplates the incoryerw
lion of a body different from any named in the bill of the
SKICi-TB.
House, but as that includes a number of proposed corpo¬
rations, the amendment is germain; the powers and privi¬
leges sought to be confined by the amendment being the
same as those generally confined in the original bill. It is
true that the Constitution requires that " every bill shall
be read three times, and on three several days, in each
branch of the General Assemblybut this does not ap¬
ply to amendments; and the power of the Senate to
amend a bill of the House by the addition of new matter,
is expressly recognized in the clause of the Constitution
relating to revenue and appropriation bills in these
words, " but the Senate shall propose or concur in amend¬
ments as in other bills."
The object of the constitutional requisition was that the
attention of both branches of the Legislature might be
called by the several readings to the subject matter of leg¬
islation, not to the letter of the bill, for if it must at each
reading be literally the same, and must pass as read, there
could be no amendment. This is an absurdity from which
the Constitution is expressly exempt.
Amendments such as the present, it is believed, hare
been made in either branch of the Legislature, ever since
the adoption of the Constitution, and this legislative prac¬
tice is both a contemporaneous and continued interpreta¬
tion of that instrument in this regard. The receiving of
such amendments also prevents the increase of the num¬
ber of bills introduced, and greatly expedites the business
of the Legislature. In every point of view the amend¬
ment is admissible and the point of order is therefore
overruled.
From which l£r. Anderson appealed ;
And on the question, " shall the decision of the chair be
sustained I" the yeas and nays were required to be record¬
ed, and are, yeas 35, nays 0.
Those who voted in the affirmative are Messrs.
Anderson, Dickinson, Hosely,
Bethusie, Farris, Reed,
Bryan, Flewellen, Ross,
Butler, Flournoy, Simmons,
John L. Bird, Hardeman, Slaughter,
Philip M. Byrd, Harman, Stroad,
Calhoun, Hicks, Tomlinson,
ChappelL Lawson, Walthour,
Coffee, Little, 3®Jlbor®>
Ceae, HcCuae, Wileox,
Creekas, MeRae, W ©Us.
Day, Meere,
S» the deeisiem was sustain*!
448
JOURNAL OF TH3E
The amendment was then received.
Mr. Flewellen moved to amend by adding the following
as an additional section :
Be it further enacted, That Samuel P. Corbin, James
T. May, Jesse D. Beall, John S. Brooks and C. P. Fickling
and their successors in office, be and they are declared to
be a body politic under the name of the Trustees of the
Hudson Academy, in Crawford county, and they and their
successors in office shall be invested with all the powers
and privileges granted by virtue of this act to the Trustees
of the Planters Academy, in Randolph county.
Which was agreed to.
Mr. Harm an moved to amend by adding the following
as an additional section:
Be it further enacted, That Henry Walker, Benjamin
Green, Hardy Morgan, Thomas Green and Augustus S.
Scrutchin, shall be and they are hereby declared a body
politic, under the name and style of the Trustees of the
Baptist Church at Antioch, and they and their successors
in office shall be invested with all the powers and privi¬
leges granted by virtue of this act to Cedar Creek Baptist
Church.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the Hou^e of Representatives for
the relief of William C. Dun, Tax Collector of Jasper
county.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
allow Ratbaniel Smith, of Hall eounty, to ask and receive
tolls for the use of his bridge across the Chattahoochee
river, and to authorize Cornelius D. Terhune and George
W. Tumlin, to construct a bridge across the Etowah river,
on their own lands, in Cass county, and to charge and
collect tolls from persons crossing the same.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
alter and change the line between the counties of Chero¬
kee and Forsyth.
Mr. Slaughter moved to postpone the Report indefin¬
itely.
On which motion the yeas and nays were required to he
recorded, and are, yeas 19, nays 12.
benate. 449
Those who voted in the affirmative, are Messrs.
Anderson, Flewellen, Moore,
Bryan, Hicks, Bom,
Philip M. Byrd, Lawson, Slaughter,
Calhoun, Little, Stroud,
Crocker, McOune, "Walthour,
Dickinson, McBae, Wolfe.
Farris,
Those who voted in the negative, are Messrs.
Beavers, Day, Mosely,
Bethune, Flournoy, Keed,
Coffee, Harman, Simmons,
Cone, Harris, "Wellborn.
So the motion prevailed.
The Senate took up as the Beport of the Committee of
the Whole, the bill of the House of Bepresentatives, to
change the line between the counties of Cass and Floyd,
and to define and change the lines of other counties there¬
in named.
And on reading the second section, as follows :
Be it further enacted, That the dividing line between
the counties of Paulding and Cobb, shall be as follows :
commencing at the north-east corner of lot of land number
two, in the twentieth district of the second section, and
running thence due south to the Campbell county line.
Mr. Slaughter moved to amend by striking out all after
the word " north," and inserting in lieu thereof the fol¬
lowing words : " Horth-West corner of lot number one, in
the twentieth district of now Cobb county, due south
along the sectional line, to the north line of the nineteenth
district of said county, then due east along the district line*'
one mile, then due south to the line of Campbell county."
Which was agreed to.
Mr. Slaughter moved further to amend by adding the
following as an additional section:
And be it further enacted, That the line between the
counties of Floyd and Polk, be so changed as to commence
at the north-east comer of lot number three hundred, and
forty-one,, twenty-second district and third section, and to
run west along the land line to the north-west corner of
lot number nine hundred and sixty-two, third district and
fourth section, thence south to the north-west comer of lot
number eleven hundred and seventy-eight, in the third
district and fourth section, thence west to the Alabama
line. Which was agreed to.
29
450 JOURNAL OF THE
Mr. Bryan moved to amend by adding the following as
an additional section:
And be it further enacted, That the county lines be*
tween the counties of "Ware and Wayne, be so altered as
to include in the county of Wayne, the residences of Dan¬
iel Herring and William Purdum.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the- bill of the House of Representatives to
refund to Ira Sanburn, of Decatur county, a certain sum.
of money therein named.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
change the line between the counties of Baker and Ran¬
dolph, so as to include lot of land Ho. 10, in 3d district of
Baker, in Randolph county.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
to incorporate the Clarksville and Tugaloo Rail or Plank
Road.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
incorporate the town of Calhoun, in the county of Gordon.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
ffche Whole, the bill of the House of Representatives, to
incorporate Euharley ville, in the county of Cass.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill -of the House of Representatives to
alter and amend an Act to incorporate the city of Rome,
passed the 9th December, 1847.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
amend an Act to permit all the specie paying Banks of
this State to issue bills of a denomination less than five
dollars, assented to December 27th, 1842.
SENATE.
451
And on reading the first section, as follows :
jBe it enacted, That from and after the passage of this
Act, all specie paying and solvent banks in this State, be
and they are hereby authorized to issue bills of the de¬
nomination of one, two, three and four dollars, to an
amount not exceeding ten per cent, of their capital stock.
Mr. Moore moved to amend by striking out the word
" ten," and insert the word " twenty."
Which was agreed to.
4 The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
appoint certain persons hereinafter named, Commissioners,
and to authorize said persons to obstruct a portion of the
channel of the river Cauoochee, in the county of Bryan, at
their own expense, for the protection and safe keeping of
the timber, or such rafts of timber that may be carried
down said river for market by any person or persons who
may hereafter be engaged in the timber business upon the
waters of the said river Canoochee.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, for
the relief of the Receiver of Tax Returns for the county
of Washington.
The Report was agreed to.
The Bill was read the third time and passed.
The following Bills of the House of Representatives
were taken up, read the second time, and referred to the
Committee of the Whole :
A Bill to alter and change the line between the counties
of Macon and Crawford, so as to add to and include within
the county of Macon, lots numbers 122 and 137, of the
8th district of originally Houston now Crawford county;
also, to alter and change the line between the counties of
Pike and Spalding.
Also, a Bill to repeal an Act entitled an Act to com¬
pensate Petit Jurors of the Superior and Inferior Courts,
so far as regards the county of Camden, assented to 21st
December, 1835.
Also, a Bill to incorporate the Zebulon Branch Railroad.
Also, a Bill to repeal an Act passed December 29th,
1847, to alter the line between the counties of Jones and
Jasper.
Also, a Bill to refund to A. J. Taylor, former Tax Col¬
lector of the county of Lumpkin, the sum of $54 33 cents,
which was overpaid by him into the Treasury, in the year
1845.
4:52 J0UB2TAL Off THE
Also, a Bill to reduce the Sheriff's bond of Bryan
county.
Also, a Bill to alter and amend an Act entitled_an Act
to provide for the indigent Deaf and Dumb citizens of
this State; also to provide for the appointment of a Com¬
missioner, to regulate his duties, ami his salary, and to
appropriate moneys therefor, by increasing the annual ap¬
propriation, and for other purposes.
Also, a Bill to repeal a portion of the Act to compensate
Petit Jurors in the county of Hancock.
Also, a Bill to separate the offices of Tax Collector and
Receiver of Tax Returns, for the county of Dooly.
Also, a Bill to alter and fix the time of holding the Su¬
perior Courts in the South-Western Circuit, and to change
the time of holding the Inferior Courts in the counties of
Sumter and Lee, and to require the Judge of said Circuit
to hold Court two weeks in Sumter and Lee, at each term
of said Court, if the business is not disposed of in a shorter
period, and to draw two panels of Grand and Petit Jurors
in said counties of Sumter and Lee, and to legalize the ad¬
journed terms of Decatur, Early and Baker Superior
Courts, and to change the time of holding the Fall Term
of the Superior Court in the county of Stewart.
Also, a Bill to remove an election precinct in the coun¬
ty of Talbot.
Also, a Bill to legalize the Acts of certain Deputy Clerks
of the Superior Courts, Inferior Courts, and Courts of Or¬
dinary of this State.
Also, a Bill to incorporate Newnan Female College.
Also, a Bill for the relief of James Newton, of Jasper
county
Also, a Bill to amend an Act entitled an Act to alter
and amend the several Acts in relation to itinerant tra¬
ders, and to prescribe the mode of their obtaining license,
approved November 27tb, 1845, so far as to increase the
tax on said itinerant traders, in the counties of Jackson,
Pike, Wilkea, Franklin, Sumter and "Washington.
Also, a Bill to extend all the provisions of the Act enti¬
tled an Act to amend the several Acts now in force regu¬
lating the fees of Magistrates and Constables in the State
of Georgia, so far as relates to the county of Chatham,
and to provide for the mode of collecting the same, ap¬
proved December 19th, 1849; and also the Act entitled
an Act to amend the several Acts relating to Justices'
Courts, so far as regards the county of Chatham, approved
December 19th, 1849, to the county of Effingham, and to
the Justices' Courts, Magistrates and Constables, of 6aid
county.
Also, a Bill compelling the Tax Receivers and Collec¬
tors of the counties of Coweta, Early and Fayette, to visit
eektatb.
453
the house or houses of all widows in said counties before
returning them as defaulters.
Also, a Bill to authorize certain persons therein named,
to clear out and improve the navigation of the Chattahoo¬
chee river above the Western and Atlantic Railroad, and
for other purposes therein named.
Also, a Bill to alter and change the district line between
the 959th district and the Centrevillage district, in the
county of Camden.
Also, #a Bill to prescribe the manner in which the laws
of this State shall be printed and published.
Also, a Bill to change the names and legitimatize the
persons therein named, and for other purposes.
Also, a Bill to amend an A©t entitled an Act to incor¬
porate Concord Chureh, in Tattnall county, approved Feb¬
ruary 5th, 1850, so far as relates to the name of said
Church.
Mr. Bethane asked and obtained leave of absence for
Mr. MeCune, until Saturday next, tbe 10th inst.
On motion the Senate adjourned until half past 9 o'clock
to-morrow morning.
THURSDAY, Jakuauy 8th, 1852.
Tae Senate met pursuant to adjournment.
On motion of Mr. Cone, the decision of the President
on the point of order, raised by Mr. Moore on yesterday,
was recorded on the Journal of yesterday.
Mr. Wellborn asked and obtained leave to have his vote
recorded on the Journal of yesterday on the motion of Mr.
Foster to fill the blank with the words " five hundred and
fifty thousand dollars," in the bill of the House of Repre¬
sentatives to provide means for the equipment, construc¬
tion and repair of the Western and Atlantic Railroad, and
to pay off the existing liabilities of the same; and, accor¬
dingly, his vote was recorded in the negative.
Mr. Moore moved to reconsider so much of the Journal
of yesterday as relates to the passage of the bill of the
House of Representatives to provide means for the equip¬
ment, construction and repair of the Western and Atlantic
Railroad, and to pay off the existing liabilities of the
same.
On which motion the yeas and nays were required to
be recorded, and are—yeas 16, nays 24.
Those who In the affirmativa-are. Messrs.
4:54 JOURNAL OR THE
Beavers, Flournoy, Moore,
Bryan, Harman, Mosely,
Butler, Harris, Wilcox,
John L. Bird, Little, Wolfe,
P. M. Byrd, McCune, Wright.
Cone,
Those who voted in the negative, are Messrs.
Anderson, Flewellen, Boss,
Bethune, Foster, Simmons,
Calhoun, Griggs, Slaughter,
Chappell, Hardeman, Stroud,
Coffee, Hicks, Tomlinson,
Crocker, Lawson, Tumlin,
Dickinson, McBae, Watters,
Farris, Beed, Wellborn.
So the motion was lost.
Mr. Simmons moved to reconsider so much of the Jour-
nal of yesterday as relates to the action of the Senate
upon the bill of the House of Bepresentatives to alt^r and
change the line between the counties of Cherokee and
Forsyth.
Which was agreed to.
On motion of Mr. Simmons, the bill was taken up and
referred to a Select.Committee consisting of Messrs. Sim¬
mons, Slaughter, and P. M. Byrd.
On motion of Mr. Beed, the Begular Order was sus¬
pended, and
The Senate took up as the Beport of the Committee of
the Whole, the bill of the House of Bepresentatives,
to alter and fix the time of holding the Superior Courts
in the South-Western Circuit, and to change the time of
holding the Inferior Courts in the counties of Sumter and
Lee, and to require the Judge of said Circuit to hold Court
two weeks in Sumt. r and Lee, at each term of said Court,
if the business is not disposed of in a shorter period, and
to draw two panels of Grand and Petit Jurors in said
counties of Sumter and Lee, and to legalize the adjourned
terms of Decatur, Early, and Baker Superior Courts, and
to change the time of holding the Fall Term of the Supe¬
rior Court in the county of Stewartf
The Beport was agreed to.
The Bill was read the third time and passed.
And, on motion of Mr. Beed, the Secretary was directed
to carry the same forthwith to the House of Bepresenta¬
tives.
On leave granted JJj^JIqurnpxreported a bill to amend
senate.
455
an Act to incorporate tlie city of Columbus, and to pre¬
scribe the powers and duties of the City Guards.
Which was read the first time.
The following Message was received from the House of
Representatives by Mr. Sturgis, their Clerk :
Mr. President :—The House of Representatives have
passed
A Bill to appropriate money for the support of the Gov¬
ernment for the political years 1852 and 1853.
The House of Representatives has also concurred in the
amendments of the Senate to the following bills of the
House of Representatives, to-wit:
A Bill to change the line of the Western and Atlantic
Railroad, so as to run through the town of Cassville.
Also, a Bill to prohibit the sale of deadly weapons, and
to prescribe the manner of carrying the same, and to pun¬
ish for a violation of the same; and to repeal an Act en¬
titled an Act to guard and protect the citizens of this State
against the unwarrantable and' tpo prevalent use of deadly
weapons, assented to the 25th day of December, 1837.
Also, a Bill to amend an Act entitled an Act to autho¬
rize the Guardians of minors to receive, recover and remove
from the State of Georgia, property belonging to their
wards', or which they may be entitled in cases where such
Guardians and Minors both reside without the State, and
to prescribe the mode of doing the same, assented to De¬
cember 25th, 1837.
Also, a Bill for the relief of Levi S. DeLyon and Asher
Ayres, and to authorize the Governor to draw a warrant in
their behalf.
Also, a Bill to add an additional section to the tenth
division of the Penal Code of this State.
Also, a Bill to amend an Act entitled an Act to autho¬
rize the Governor to appoint fit and proper persons to sell
and dispose of the undrawn lots in the Land Lotteries
heretofore had in this State, and to limit the time for frac¬
tion purchasers to pay for and take out their grants for
fractions, assented to December the 30th, 1847, so far as
to give further time to the purchasers of said undrawn
lots to pay up and take out their grants.
Also, a Bill to levy and collect a Tax for each of the po¬
litical years 1852 and 1853, and thereafter until repealed.
The House of Representatives still refuse to concur with
the Senate in their amendments to the bill of the House
of Representatives for the relief of Executors, Adminis¬
trators and Guardians, &c., and have appointed as a Com¬
mittee of Conference on their part, Messrs. Henry, Tift,
Trippe and Thurmond.
The House of Representatives also refuse to concur with
456
JOTJENAXi OF THE
the Senate in their amendments to the following "bills of
the House of Representatives:
A Bill to change the line between the counties of Tel¬
fair and Appling.
A Bill to appropriate money to improve the navigation
of the Altamaha, Ocmulgee and Oconee Rivers, and to ap¬
point Commissioners for the same.
A Bill to amend the several Acts in relation to issuing
grants on head rights in this State.
A Bill for the relief of William G. Jacobs, of the
©ounty of Gwinnett, and for the relief of Adaline E.
Waller, formerly Adaline E. Flowers of Troup county.
A Bill to authorize a grant to issue to William P.
Hightower, of Campbell county, for fraction number one
hundred" and fifty-one, in the eighth district of originally
Coweta now Campbell county.
On motion of Mr. McCune, the Senate went into Com¬
mittee of the Whole on the special Order of the Bay,
which was the bill to carry into effect the amended Con¬
stitution of this State in reference to the Ordinaries of said
State, and for other purposes—Mr. McCune in the chair;
and after some time spent therein,
On motion of Mr. Cone, the Committee rose and report¬
ed the bill with amendments.
On motion of Mr. McCune, the Report was taken up.
Mr. Cone moved to amend the Report by inserting the
following, to become the eighteenth section :
Be it further enacted, That the Ordinary to be elected
under the provisions of the above recited amended Con¬
stitution, shall be ineligible to hold any other office of pro¬
fit under the laws of this State, during his continuance in
office, jProvided he may, nevertheless, hold also the office
of Clerk of the Inferior Court.
Mr. Harman moved to amend the amendment by in¬
serting between the words "Inferior" and the word
" Court," the words " or Superior," and after the word
" Court," the words " or both."
On which motion, the yeas and nays were required to
be recorded, and are yeas 27, nays 13.
Those who voted in the affirmative, are Messrs.
Anderson, Bay, Moore,
Bethune, Farris, Slaughter,
Bryan, Flournoy, Tomlinson,
Butler, Foster, Walthour,
John L. Bird, Hardeman, Watters,
P. M. Byrd, Harman, Wellborn,
Chappell, Harris, Wilcox,
Coffee, Lawson, Wolfe,
Crocker, McCune, Wright.
sbctjLTK. 457
Those who voted in the negative, are Messrs.
Beavers, Little, Ross,
Calhonn, McRae, Simmons,
Cone, Mosely, Strond,
Dickinson, Reed, Tnmlin.
Flewellen,
So the motion prevailed.
The question recurring on receiving the amendment, the
same was lost.
And on reading the twentieth section as follows:
Be it further enacted, That the fees of said Ordinary
for the examination and recording of returns upon estates,
shall be as follows, torwit:—On all estates worth not more
than one thousand dollars, the same fee as heretofore al¬
lowed for examining and recording a return ; on estates
worth more than one thousand dollars and not more than
five thousand dollars, fifty per centum in addition to such
former fee ; and on estates worth more than five thousand
dollars, double the fee heretofore charged; and all other
fees and charges for services rendered by said Ordinary
shall be the same as now fixed by law.
Mr. Harman moved to strike out the word " one " where-
ever it occurs in the section," and insert in lieu thereof the
word " two," and to strike out the word " five" wherever
it occurs in the section, and insert in lieu thereof the word
" ten."
Which was agreed to.
Mr. Flewellen moved to amend by striking out the word
" fifty," and insert in lieu thereof the words " twenty-five,"
'and to strike out the words " double the fee heretofore
charged," and insert in lieu thereof the words " fifty per
centum in addition to the former fee."
Which was agreed to.
Mr. Stroud moved to amend by striking out all after the
words " shall be," and inserting in lieu thereof the follow¬
ing:
" The same is heretofore allowed by law to the Clerks
of the Courts of Ordinary."
On which motion the yeas and nays were required to
be recorded, and are—yeas 20, nays 20.
Those who voted in the affirmative, are Messrs.
Beavers, Cone, Parris,
Butler, Crocker, Foster,
Coffee, Dickinson, Harman,
458
Hicks,
Little,
McOune,
McRae,
JOURNAL OF THH
Mosely,
Reed,
Ross,
Stroud,
Walthour,
"Watters,
"Wellborn.
Those who voted in the negative, are Messrs.
Anderson,
Bethune,
Bryan,
John L. Bird,
Philip M. Byrd,
Calhoun,
Chappell,
Day,
Flewellen,
Flournoy,
Hardeman,
Harris,
Lawson,
Simmons,
Slaughter,
Tomlinson,
Tumlin,
Wilcox,
Wolfe,
Wright.-
The President voting in the negative, the motion was
lost.
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 required
to be recorded, and are—yeas 29, nays 11.
Those who voted in the affirmative, are Messrs.
Anderson, Flournoy, Slaughter,
Bethune, Foster, Tomlinson,
John L. Bird, Hardeman, Tumlin,
Philip M. Byrd, Harman, Walthour,
Chappell, Harris, Watters,
Coffee, Hicks, Wellborn,
Crocker, Lawson, Wilcox,
Day, McRae, Wolfe,
Farris, . Reed, Wright.
Flewellen, Simmons,
Those who voted in the negative, are Messrs.
Beavers, Cone, Mosely,
Bryan, Dickinson, Ross,
Butler, Little, Stroud.
Calhoun, McCune,
So the Bill was passed.
On motion, the Senate adjourned until 3 o'clock, P. M.
SENATE.
459
Three o'clock, P. M.
The Senate met pursuant to adjournment.
On motion of Mr. Slaughter, the Senate took up the
amendments of the Senate to the bill of the House of Re¬
presentatives for the relief of William G. Jacobs, of the
county of Gwinnett, and for the relief of Adaline E. Flow-
ers, of Troup county," to which the House had disagreed.
Mr. Moore moved that the Senate insist upon its amend¬
ments.
Which was agreed to.
The Senate took up the amendments of the Senate to
the bill of the House of Representatives, to authorize a
grant to issue to William P. Hightower, of Campbell
county, for fraction number one hundred and fifty-one,
(151,) in the eighth district of originally Coweta now
Campbell county, to which the House had disagreed.
Mr. Moore moved that the Senate insist upon its amend¬
ments.
Which was agreed to.
The following message was received from the House of
Representatives, by their Clerk, Mr. Sturgis:
Mr. President :—The House of Representatives have
passed the following Bills of the Senate, with amendments,
to which they ask the concurrence of the Senate, to-wit:
^ A Bill to fix and regulate the time of holding the Supe¬
rior Courts in the Macon Circuit.
A Bill to appoint the tittie of holding the Superior
Courts in the Blue Ridge Circuit, &c.
And I am directed to communicate the same forthwith
to the Senate.
The Senate took up the amendments of the Senate to
the bill of the House to appropriate money to improve the
navigation of the Altamaha, Ocmulgee and Oconee rivers,
and to appoint Commissioners for the same, to which the
House had disagreed.
Mr. Moore moved that the Senate insist upon its amend¬
ments.
Which was agreed to.
The Senate took up the amendments of the Senate to
the bill of the House for the relief of Executors, Admin¬
istrators and Guardians, <fcc., to which the House had dis¬
agreed, and appointed a Committee of Conference; and,
On motion of Mr. Anderson, the Senate insisted upon
its amendments, and appointed as a Committee of Con¬
ference on its part, Messrs. Foster, Harmah and Moore.
The Senate took up the amendment of the Senate to
the bill of the House of Representatives, to change the
460
JOURNAL ON THB
line between the counties of Telfair and Appling, to which
the House had disagreed ; and,
On motion of Mr. Harman, the Senate receded from
its amendment.
The Senate took up the amendment of the Senate to the
bill of the House of Representatives to amend the several
Acts in relation to issuing Grants on Head Rights in this
State.
On motion of Mr. Anderson, the Senate insisted upon
its amendment.
The Bill of the House of Representatives to appropriate
money for the support of the Government for the political
years 1852 and 1853, was taken up and read the first time.
The Senate took up and concurred in the amendments
of the House of Representatives to the bill of the Senate
to appoint the time of holding the Superior Courts in the
Blue Ridge Circuit of this State, and to equalize and make
valid all writs, executions and other processes made re¬
turnable to the Superior Courts of the several counties in
said Circuit at the time at which said Courts haye here¬
tofore been held, and for other purposes.
The Senate took up, as the Report of the Committee of
the Whole, the bill to amend the Road Laws of this State.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole the bill to authorize His Excellency the Gov¬
ernor to have issued to Lovick L. Whittich, of Hewton
county in said State, a grant for lot of land Ho. Y38, in
the third district and fourth section of Cherokee.
The Report was agreed to,
The Bill was read the third time and passed. t
The Senate took up, as the Report of the Committee of
the Whole, the bill to authorize the Mayor and City Coun-
cilmen of the cities of Atlanta and Rome to levy and col •
lect a tax within the corporate limits of said cities.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill to incorporate the Albany Bridge Com¬
pany.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate toek up, as the Report of the Committee of
the Whole, the bill to amend and explain an Act to point
out the mode for the collection of Rents, approved De¬
cember 16th, 1811.
On motion of Mr. Reed, the Report was postponed in¬
definitely.
The Senate took up, as the Report of the Committee of
SENATE.
461
the Whole, the bill of the House of Representatives to
alter and change the district line between the 959th dis¬
trict and the Centre village district, in the county of Cain-
den.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
amend an Act entitled an Act to incorporate Concord
Church, in Tattnall county, approved February 5th, 1850,
so far as relates to the name of said Church.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
repeal a portion of the Act to compensate Petit Jurors in
the county of Hancock.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
incorporate Hewnan Female College.
The Report was agreed to.
The Bill was read the third time and passed.
The- Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to re¬
move an election precinct in the county of Talbot.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives
to provide the manner in which the Laws ot this State
shall be printed and published.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives, com¬
pelling the Tax Receivers and Collectors of the counties
of Coweta, Early and Fayette, to visit the house or houses
of all widows before returning them as defaulters.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, for
the relief of Reuben S. Willingham, Tax Collector of Lin¬
coln county.
And on reading the first section as milows :
Be it enacted, That the Treasurer of this State is hereby
directed to nay Reuben S. Willingham, Tax Collector of
Lincoln county, the sum of twenty dollars, the same being
462 JOURNAL OF THE
the amount of State Tax so by him paid to the Treasurer
on account of the tax of Lucinda Frails and Sarah Frails,
which they were relieved from, as stated in the above pre¬
amble, and that the Treasurer pay the same to Benning
B. Moore, Senator from Lincoln county.
Mr. Moore moved to amend by striking out all after the
words " by the authority of the same," and insert in lieu
thereof the following:
*' That from and immediately after the passage of this
Act, it shall be the duty of His Excellency the Governor
to draw his warrant on the Treasurer of this State for the
sum of twenty dollars, in favor of Reuben S. Willingbam,
Tax Collector of Lincoln county, the same being the
amount of State Tax so by him paid into the Treasury on
account of the tax of Lucinda Frails and Sarah Frails,
which they were relieved from, as stated in the preamble
to this Act, and that the Treasurer pay said sum to Ben¬
ning B. Moore, Senator from the thirty-fifth Senatorial
district.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, for
the relief of James Hewton, of Jasper county.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee
of the Whole, the bill of the House of Representatives to
extend all the provisions of the Act entitled an Act to
amend the several Acts now in force regulating the fees
of Magistrates and Constables in the State of Georgia, so
far as relates to the county of Chatham, and to provide
for the mode of collecting the same, approved December
19th, 1849 ; and also the Act entitled an Act to amend
the several Acts relating to Justices' Courts, so far as re¬
gards the county of Chatham, approved December 19th,
1849, to the county of Effingham, and to the Justices'
Courts, Magistrates and Constables of said county.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
legalize the acts of certain Deputy Clerks of the Superior
Courts, Inferior Courts, and Courts of Ordinary of this
State.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
senate. 463
the Whole, the bill of the House of Representatives, to
reduce the Sheriff's Bond of Bryan county.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
repeal an Act passed December 29th, 1847, to alter the
line between the counties of Jones and Jasper.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
change the names and legitimatize the persons therein
named, and for other purposes.
Mr. Hardeman moved to amend by adding the follow¬
ing as an additional section :
. And whekeas, Also, Richard Boggs, of the county of
Clark, is desirous of adopting as his child and heir-at-law,
Caroline Patterson, a minor child, which he has taken to
live with him as a member of his family, and to have the
name of said Caroline Patterson changed to that of Caro¬
line Boggs.
Be it therefore further enacted by the authority aforesaid,
That from and after the passage of this Act, the name of
Caroline Patterson, a minor female child, residing in Clark
county, be and the same is hereby changed to the name of
Caroline Boggs, and the said Caroline is hereby made the
heir-at-law of the said Richard Boggs, of Clark county,
and capable of inheriting from said Richard Boggs as if
she were the daughter and child of the said Richard Boggs,
and born to him in lawful wedlock.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
incorporate the Zebulon Branch Railroad.
The Report was agreed to.
The Bill was read the third time and passed.
Mr. Foster made the following Report:
The Committee on the Judiciary have had under con¬
sideration those portions of the Memorial of the Legisla¬
ture of Tennessee which relates to claims of citizens of
Tennessee against the Western and. Atlantic Railroad aris¬
ing in the said State of Tennessee, and conflicts between
the East Tennessee and Georgia Railroad and the Union
Branch Railroad Companies on that portion of said East
Tennessee and Georgia Railroad, which is located in the
State of Georgia; and also the Memorial of the said East
Tennessee and Georgia Railroad Company, with its accom-
464: JOURKAL OT THJ5
Georgia accepted the grant thus made to her by the
State of Tennessee, with the said condition attached, and
proceeded to extend the Western and Atlantic Railroad,
some sixteen miles over the territory of the State of Ten¬
nessee, to the Tennessee River, and is now managing and
conducting the same under and by virtue of such grant,
and private companies, whether they be citizens of Ten¬
nessee or citizens of Georgia.
But they are relieved from the duty of proposing such
means, in the fact, that they believe in either of the bills
now pending for the organization of that Road, the same
are amply provided.
In relation to that portion of the Memorial of the Legis¬
lature of Tennessee which refers to the difficulties between
the East Tennessee and Georgia Railroad Company, and
the ITnion Branch Railroad Company, your committee
have found involved questions of some delicacy. i
In the year 1837, the Legislature of the State of Geor¬
gia passed the following Resolution:
"That if the State of Tennessee shall grant to Georgia
the privileges of constructing a Railroad from the Georgia
line to the Tennessee R^ver, to be known as the "Western
and Atlantic Railroad of the State of Georgia, and shall
secure by law to said Railroad the usual privileges and
protection, the State of Georgia will grant and secure to
the State of Tennessee, or to any Company incorporated
by said State, the right of constructing a Railroad the
same distance within the State of Georgia, with similar
privileges and protection, for the purpose of uniting with
the said ' Western and Atlantic Railroad of the State of
Georgia,' whenever application shall be made for that pur¬
pose."
This Resolution was transmitted to the Legislature of
Tennessee by a special agent of the State of" Georgia, dele¬
gated for that purpose. And in January, 1838, Tennessee,
in response to the aforesaid Resolution, passed an Act
granting to Georgia the right to build her Road to the
Tennessee River in that State, conferring upon her all the
privileges, rights and immunities, and imposing all the
restrictions which the said State of Tennessee has granted
to and imposed upon the Hiwassee Railroad Company,
that being a private corporation of the said State of Ten¬
nessee, and now, by change in her charter, the said East
Tennessee and Georgia Railroad Company. Tennessee,
however, provided in the same Act which extended to
Georgia the rights aforesaid, " that the foregoing rights
and privileges are conferred upon the State of Georgia on
condition that whenever application is made she will°orant
and eoncede similar ones, and to as great an extent, to the
State of Tennessee, or her incorporated companies."
SENATE.
465
panying documents upon the latter subject, and ask leave to
present the following Report:
Your committee feel sensible of the necessity of provid¬
ing ample means for the ascertainment and settlement of
such claims as arise both by contract and for damages be¬
tween the Western and Atlantic Railroad and individuals.
In the year 1810, (Tennessee, not having up to that time
made any application to the State of Georgia for the rights
guaranteed in the said Resolution of the Legislature of
Georgia, and reserved in her Act extending privileges to
Georgia,) the Legislature of Georgia incorporated the
" Cross Plains and Red Clay Branch Railroad Company
of Georgia."
By the fourth section of this Act of Incorporation, the
privilege was granted to the said " Cross Plains and Red
Clay Railroad Company " to build a Branch Railroad from
such point of the Western and Atlantic Railroad as might
best suit said Company, at or near Cross Plains (nowDal-
ton) to the Tennessee State line, at or near Red Clay, to the
Southern Terminus of the Hiwassee Railroad of the State
of Tennessee; and by the fifth section of said Act of In¬
corporation it was provided " that no other Railroad shall
hereafter be permitted to be constructed within twenty
miles of the route the aforesaid Company may select."
It will be perceived by every one at all acquainted with
the geography of that portion of the country, that Geor¬
gia, by the restriction in the said fifth section, put it out
of her power to comply, upon the application of Tennessee,
with her guarantee contained in her Resolution of 1837.
Whether this Act of Incorporation to the Cross Plains
and Red Clay Company was the result of oversight on the
part of the Legislature of Georgia, or whether it was done
in the belief that Tennessee would, in all probability, not
apply for her guaranteed privileges, your Committee does
not know. They are led to believe, however, that the lat¬
ter consideration prevailed with them, from the fact, that
by the tenth section of said Act of'Incorporation' the
Legislature reserved to any future Legislature the right to
repeal the said charter ; and provided further by said tenth
section, " that said Company should commence in good
faith active operations on said Road within twelve months
after the passage of said Act, and if they did not, their
charter should be forfeited to all'intents and purposes."
In 1817, Tennessee having made application to Georgia
to that end, the Legislature of Georgia passed an Act con¬
ferring upon the Hiwassee Railroad Company the right to
construct their Road into the territory of Georgia, " from
the Tennessee line to some point on the Western and At¬
lantic Railroad ot the State of Georgia, at or above Pal-
ton (formerly Cross (Plains,) and bestowed upon that
JOURNAL OP THE
Company all tlie rights, privileges and immunities, and
subjected them to the same restrictions as had been granted
to the Western and Atlantic Railroad of the State of Geor¬
gia, in the State of Tennessee, by an Act of the State of
Tennessee, passed on the 24th day of January, 1838."
If Georgia had the power to pass the foregoing Act, she
fully redeemed her pledge to Tennessee, contained in her
Resolution of 1837, for she granted to an incorporate Com¬
pany of Tennessee, upon the application of that State,
"similar" rights and privileges to those granted to the
Western and Atlantic Railroad by the Act of Tennessee
of 1838.
That the Legislature of Georgia intended in good faith
to redeem her pledge by this Act, and that they believed
at the time they had done so, your committee have no
doubt. But that she had done so, depended upon the fact
whether Cross Plains and Red Clay Branch Railroad
Company still had and possessed the rights granted to
them under their charter of 1840. That charter not only
give them the right to build a road from some point on the
Western and Atlantic Railroad at or near Cross Plains
(now Dalton) but prohibited the building of any other
Road within twenty miles of the route they might select
It was impossible that the Tennessee Company could,
under this restriction, avail themselves of the privileges
granted them by the State of Georgia. They were to
connect " at or above Dalton." Twenty miles covered the
whole space intervening between a route from Dalton to
Red Clay and the Western and Atlantic Railroad up to
the Tennessee line. The Hiwassee Railroad Company
(afterwards changed by Act of the Tennessee Legislature
to East Tennessee and Georgia Railroad Company) com¬
menced operation in Georgia, and graded their Road from
Dalton to the Tennessee line. The Legislature of Geor¬
gia, in 1849, passed an A.ct changing the name of the
" Cross Plains and Red Clay Railroad Company," to that
of the " Union Branch Railroad Company," and conferred
upon said Company by said Act all the rights and privi¬
leges conferred upon said Company by the charter of 1840,
and repealed the ninth and tenth sections of said Act of
1340.
The Union Branch Railroad Company after getting this
further Act of recognition from the Legislature of Gcor-
5ia, proceeded to claim the track upon which • the East
ennessee and Georgia Railroad Company had graded
their Road. They claimed that they had the oldest grant
by charter, and that the other Company had taken the
identical track which they had surveyed and selected for
their Road. There was a struggle between the agents of
the two Companies for the possession of the track now
8BTTATB.
467
graded and ready for the superstructure. Personal colli¬
sions ensued, out of which grew many indictments, which
are now pending in the Superior Court of Murray. Ac¬
tions of trespass were brought against agents of the East
Tennessee and Georgia Railroad Company found on this
side of the State line, and many of them held to bail in
the court aforesaid. The Tennessee Company kept pos¬
session of the Road, and proceeded to complete it, and
commenced operations.
The Union Branch Company failing to get the posses¬
sion of the Road in the personal struggles, permitted the
other Company to complete it, and commenced operations,
and then filed their bill in Murray Superior Court, praying
an injunction and the appointment of a Receiver; ana
also, that the Road might be decreed to them, and the
other Company required to settle up for the profits made
by running their trains upon the same.
This bill is still pending, the injunction either not hav¬
ing been granted, or suspended under an arrangement be¬
tween the counsel of the parties ; which, your committee
are not accurately informed.
The Union Branch Railroad Company contend that they
did commence in good faith active operations in twelve
months from the passage of their charter in 1840; while
on the other side it is replied that they did not so com¬
mence, but only had a sham organization, with the view
of making a speculation upon the charter, and failing in
that, that they abandoned the project, and only now insist
upon their rights under the charter, to force them or the
State of Georgia to buy them off, and that the indictments
and suit against their agents are malicious, and only re¬
sorted to as apart of the scheme to accomplish that object.
Upon this issue of fact it is not proper that your committee
express any opinion.
There are important legal questions involved in this
conflict of claims between those Companies. If it be true
that the charter of 1840 to the Union Branch Company
was not forfeited by a failure on their part to comply with
the conditions imposed, did the charter to the Hiwassee
Company operate a repeal of that charter in 1847, though
there were no express words of repeal, it being an act in
direct conflict with the other charter, the Legislature hav¬
ing reserved the right of repeal in 1840?
If the charter of 1840 to the Union Branch Company
was forfeited by a failure on their part to comply with the
condition imposed, how far did the Aci of 1849 go to re¬
lieve them of the effects of that forfeiture, and make their
charter operative from it3 passage in 1840? The words
of the Aet are : " Provided the said Company shall com¬
mence in good faith active operations on aaid Road within
468 JOURNAL OR THE
twelve months after the passage of this Act; and if they
do not, their charter shall be forfeited to all intents and
purposes." Did it require a majority judgment of for¬
feiture to make the charter void, or were the rights guaran¬
teed in the charter conditions subsequent te rest upon an
act to be done by their recipient, and did his failure to
comply with the condition operate ipso facto a forfeiture
of the charter? If the foregoing proposition be answered
in the affirmative, could any act of the Legislature revive
what never had life ?
These are grave questions, upon which your committee
"could express opinions, but an opinion from them could
have no practical effect; and as the questions are now at
issue before the proper tribunal to determine them for the
parties, they decline any expression of opinion.
But behind all these questions arises one greater still,
viewed in relation to the interests of this State. If it
shall be determined by our own Judiciary that the East
Tennessee and Georgia Kailroad Company have no right
to use and enjoy the rights and privileges conferred by our
Act of 1847, and that this denial is the result of our own
legislation, occurring since our Besolution of 1837, how
far will it affect our right to use and enjoy the privileges
conferred on our Western and Atlantic Railroad lying in
Tennessee, by the Act of Tennessee of 1838. It is to be
borne in mind that Tennessee granted those privileges to
Georgia on condition that whenever application is made
she will grant and concede similar ones, and to us grant
an extent to the State of Tennessee or her incorporated
companies.
If the charter to the Iliwassee (now East Tennessee and
Georgia) Road, fails by reason of our owm legislation
we have not granted, nor can we grant similar privileges
to Tennessee or her incorporated companies ?
In view of all these things, it is the opinion of your
committee that Georgia should not stand by an indifferent
spectator of the issues now pending between those com¬
panies. She is bound by her interests and her honor to
see that the Tennessee Company shall not be driven from
the free and full enjoyment of the rights conferred upon
them so long as it is in her power, by a proper application
of the laws of the country, to prevent it. If after all that
can be done the Tennessee Company must yield up their
rights and abandon a work which has cost them over
$200,000, it will remain to be determined what Georgia
will do.
Your committee will not anticipate such a result, and
prefer to leave the answer to the question—What will
Georgia do to be made by every heart that feels for the
honor of the State that claims him for a son ?
senate.
469
To prevent such a catastrophe as far as possible, your
committee recommend that His Exsellency the Governor
employ counsel to represent the cases against the said
East Tennessee Company and her agents, so far as such
cases have originated in the conflict of our own legislation,
and that he instruct the Solicitor General of the Cherokee
Circuit to enter a noleprosequi on all indictments growing
out of the conflicts for the possession of said railroad track
in which no injury to person or property is involved.
Your committee therefore recommend the adoption of
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 he authorized and required
to employ counsel to defend such cases pending in our
•ourts against the East Tennessee and Georgia Railroad
Company, and her agents, as have originated in the con¬
flict of our own legislation, and that he instruct the Soli¬
citor General of Cherokee Circuit to enter a nole prosequi
on all indictments growing out of the conflicts for posses¬
sion of said railroad track in which no injury to person or
property are involved.
And, on motion, one hundred and fifty copies were or¬
dered to be printed for the use of the Senate.
On motion, the Senate adjourned until 7 o'clock, P. M.
Seven o'clock, P. M.
Tha Senate met pursuant to adjournment.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
to authorize certain persons therein named to clear out and
improve the navigation of the Chattahoochee river above
the Western and Atlantic Railroad, and for other purposes
therein named.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives
to alter and change the line between the counties of
Macon and Crawford, so as to add to and include within
the county of Macon lots numbers 122 and 137, of the
8th district of originally Houston now Crawford county;
also, to alter and change the line between the counties of
Pike and Spalding.
And on reading the second section as follows
470 JOTTBKAL OF THE
Be it further enacted, That the county line of Pike
shall be so altered "as to include the residence of "William
Anderson, Matthew Anderson, Francis Anderson, Benja¬
min F. Huckaby, Gideon Kirk, John. C. Mathews, J. W.
Hancock, Ezra Johnston, Jesse Davis, J. S. Bottoms, S.
Dassey, J. O. Dassey, A. B. Frammet, David Huckaby,
Henry F. Jackson, Thomas Holsey, Wm. B. Horton and
Miot A. Harper, now of the county of Spalding, in the
county of Pike.
Mr. Mosely moved to amend by striking out the whole
section.
Which -was lost.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee
of the Whole, the bill of the House of Representatives to
amend an Act to alter and amend the several Acts in rela¬
tion to Itinerant Traders, and to prescribe the mode of
their obtaining license, approved November 27,1845, so
far as to increase the Tax on said Itinerant Traders in the
counties of Jackson, Pike, Wilkes, Franklin, Sumter and
Washington.
Mr. Simmons moved to amend by striking out the coun¬
ties named, and insert in lieu thereof " all the counties in
the State."
Which was lost.
Mr. Simmons moved to amend by striking out the coun¬
ty of " Washington."
Which was agreed to.
Mr. Ilarman moved to amend by adding the following
as an additional section :
Be it further enacted, That no license shall be granted
to any person other than a citizen of the United States, to
peddle in any county in this State.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
repeal an Act entitled an Act to compensate Petit Jurorfl
of the Superior and Inferior Courts, so far as regards the
county of Camden, assented to 21st December, 1835.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
separate the offices of Tax Collector and Receiver of Tax
Returns for the county of Dooly.
The Report was agreed to.
The Bill was read the third time and passed.
BBNATE. 4TI
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives
to alter and amend an Act entitled an Act to provide for
the indigent Deaf and Dumb citizens of this State; also
to provide for the appointment of a Commissioner, to regu¬
late his duties, affix his salary, and to appropriate moneys
therefor, by increasing the annual appropriation, and for
other purposes.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives to
refund to A. J. Taylor, former Tax Collector of Lumpkin
county, the sum of $54 33 cents, whieh was ©rerpaid by
hist ha to the Treasury i» the year 184#.
Mr. Wellborn moved to amend by adding to the first
section the following words :
" And that Reuben H. Pierce be authorized to receive
and receipt for the same."
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate:
An Act to levy and collect a Tax for each of the political
years 1852 and 1853, and thereafter until repealed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives for
the relief of Daniel Hicks, Edward H. Garrett, John R»
Scurry and Joseph Reeves.
The Report was agreed to.
The Bill was read the third time,
And on the question, u shall this Bill now pass! the
yeas and nays were required to be recorded, ana are, yea#
23, nays 12.
Those who voted in the affirmative, are Messrs.
Andersos, Cone, Simmons,
Bethune, Farris, Slaughter,
Burks, Flournoy, Stroud,
Butler, Hardeman, Watters,
John L. Bird, Harman, Wellborn,
Philip M. Byrd, Harris, Wilcox,
Calhoun, Lawson, Wolfe.
Coffee, McRae,
Those who voted in the negative are, Messrs.
472
Bryan,
Chappell,
Day,
Dickinson,
Hicks,
Little,
Mosely,
Flewellen,
JOIHtNAL OF TUB
Beed,
B0S8,
Tomlinson,
"Wright.
So the Bill was passed.
The Senate took np, as the Beport of the Committee of
the Whole, the hill of the House of Bepresentatives, to
amend the 15th section of the ninth division of the Penal
Code, as to service of summons upon persons guilty of
forcible entry and detainer in certain cases.
The Beport was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Beport of the Committee of
the Whole, the reconsidered bill of the House of Re¬
presentatives to authorize the Bock Island Factory of
Muscogee county to issue and sell the bonds of the Com¬
pany, and secure the same, and for other purposes therein
named.
And on reading the following section:
Be it further enacted, That the same privileges as are
by this Act conferred upon the Bock Island Factory Com¬
pany be extended to all other Manufacturing Companies
in this State.
Mr. Simmons moved to amend by striking out the whole
Section.
Which was agreed to.
The Beport as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Beport of the Committee of
the Whole, the bill of the House of Bepresentatives to
incorporate the Borne Branch Magnetic Telegraph Com-
pany-
And on reading the following part of the Bixth section:
" To appoint such officers and agents as may be neces¬
sary to manage the business of the said corporation, and
allow them a suitable compensation therefor, to make by¬
laws not repugnant to the laws of the land, and generally
to use, exercise and enjoy all rights, privileges and fran¬
chises, which are incident or appertaining to incorporate
bodies.
The Select Committee on Corporations moved to amend
by striking out all after the words " laws of the land."
Which was agreed to.
And on reading the following part of the eighth section:
"And every person or persons who shall destroy or
commit any trespass upon the fixtures of the said corpora¬
tion, erected in pursuance of the authority hereby given,
actually interrupting, or with intent to interrupt, the ope-
senate.
473
rations of the telegraph of the said corporation, shall pay
to the said corporation the sum of five hundred dollars
for each and every trespass, and shall be further liable for
all damages which the said corporation may suffer in re¬
pairing the injury, and in the interruption of the business.
The Select Committee on Corporations moved to amend
by striking out the following words:
" Shall pay to the said corporation the sum of five hun¬
dred dollars for each and every trespass.
And also, to strike out the word " further" after the
words " shall be."
Which was agreed to.
The Report as amended, was agreed to.
The Bill was read the third time and passed.
On motion, the Senate adjourned until half-past nine
o'clock to-morrow morning.
FRIDAY, January 9th, 1852.
The Senate met pursuant to adjournment.
Mr. Bethune moved to reconsider so much of the jour¬
nal of yesterday, as relates to the passage of the bill to au¬
thorize his Excellency the Governor to have issued to Lov-
ick L. Wittich, of Newton county, in said State, a grant
for lot ot land No. 733, in the third district and fourth
section of Cherokee.
Which was agreed to.
Mr. P. M. Byrd moved to reconsider so much of the
journal of yesterday, as relates to the passage of the bill of
the House of Representatives, to amend an Act entitled
an Act to alter and amend the several Acts in relation to
Itinerant Traders, and to prescribe the mode of their ob¬
taining license, approved November 27th, 1845, so far as
to increase the tax on said Itinerant Traders in the coun¬
ties of Jackson, Pike, Wilkes, Franklin, Sumter and
Washington.
Which was agreed to.
Mr. Wellborn moved to reconsider so much of the jour¬
nal of yesterday as relates to the rejection of the bill of the
House of Representatives, to refund to A. J. Taylor, for¬
mer Tax Collector of the county of Lumpkin, the sum
of $54 33-100, which was overpaid by him into the Trea¬
sury in the year 1845.
Which was agreed to.
Mr. Wright moved to suspend the Order to allow him
to move to reconsider so much of the journal of yesterday,
4 74 JOURNAL OF THE
as relates to the passage of the Bill of the House of Rep¬
resentatives, to prescribe the manner in which the laws of
this State shall be printed and published.
On which motion the yeas and nays were required to
be recorded, and are yeas 2o, nays 14.
Those who voted in the affirmative, are Messrs.
John L. Bird, Harman, Ross,
Philip M. Byrd, Harris, Slaughter,
Calhoun, Hicks, Stroud,
Coffee, Knight, Tumlin,
Crocker, Lawson, Wellborn,
Hay, McRae, Wilcox,
Farris, Moore, Wolfe,
Flournoy, Reed, Wright.
Griggs,
Those who voted in the negative are Messrs.
Anderson, Dickinson, Mosely,
Bryan, Flewellen, Simmons,
Burks, Foster, Tomlinson,
Cone, Hardeman, Walthour.
Connelly, Little,
There not being two-thirds, the motion was lost.
On leave granted, Mr. Foster reported a bill to add an
additional section to the Act supplementary to the Act
for the appointment of county officers, approved Decem¬
ber 4th, 1799.
Which was read the first time.
On leave granted, Mr. Hardeman reported a bill to
change the time of holding the Superior Courts of the coun¬
ties of Taliaferro, Madison, and Elbert.
Which was read the first time.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Me. President : The House of Representatives have
passed the following Bills, to-wit:
A Bill to compensate the Grand and Petit Jurors in
certain counties therein named, and to provide for the
payment of the same.
A Bill to change the name of the public site in the
county of Clinch.
A Bill to lay out a new county from the county of Tal¬
bot, Macon and Marion, and to attach the same to a Sena¬
torial district.
SENATE. 475
^ A Bill to authorize John W. Duncan to plead and prac¬
tice law in the several Courts of Law and Equity in this
State, on certain conditions therein named.
A Bill to amend an Act entitled an Act to authorize
parties to compel discoveries at common law, and to pre¬
vent the abuse of the same.
A Bill to amend the road laws of this State, so far as re¬
spects the county of Columbia.
A Bill to allow Augustus II. Anderson, and Moses P.
Greene, to erect a bridge across Ogeechee river, in Burke
and Emanuel counties. ,
A Bill to amend an Act entitled an Act to amend the
several Acts now in force regulating the fees of Magis¬
trates and Constables in the State of Georgia, so far as
relates to the county of Chatham, approved December 19th,
1849, so as to include the Magistrates and Constables of
the county of Baldwin, and to provide for the collection
of the same.
A Bill to change the name of the LaGrange Female
Collegiate Seminary.
A Bill to repeal the first and second sections of an Act,
approved 23d February, 1850, entitled an Act to curtail
the labor of the Clerk of the Supreme Court, and to re¬
duce the cost in said Court, and to authorize amendments
in said Court.
A Bill to change the line between the counties of Camp¬
bell and Fayette, so as to /include the residence of John
Griffin and Thomas S. Roberts, now of the county of Fay¬
ette, in the county of Campbell.
A Bill to authorize the Treasurer of Pike county, or the
Treasurer of the Poor School fund in said county, to pay
over to L. E. Stubbs, or bis lawful representative, the sum
of money therein named, and to authorize the Treasurer or
person having control of the poor school fund, to pay over
in Cherokee county, to Achilles Foster and James Mc-
Daniel and William Knox and John Holcomb, the amount
due them for teaching in the years 1850 and 1851.
A Bill to keep open, remove and prevent obstructions
to the free passage of fish, &c., in the lliwassee river, from
the North Carolina line to Osborn's Mills, in the county
of Union, State of Georgia.
A Bill to authorize th© Governor of Georgia to issue a
grant for certain lot of land therein named, to Zadock Bon¬
ner, upon the conditions therein named.
A Bill to regulate the mode of electing Constables, in
the city of Savannah.
A Bill for the relief of Thomas B. Andrews and Thomas
M. Murry, teachers of poor children of the county of Early,
for the years 1844, 1846, 1847, and 1848.
A Bill to incorporate the Sparta Hotel Company.
476 JOUBNAi OF THB
A Bill to alter and amend an Act entitled an Act for
tlie better regulation of the town ot Monticello, in the
county of Jasper, and to extend the limits of the town of
Forsyth, and to authorize the commissioners to pay a Mar¬
shal.
A Bill to repeal an Act consolidating the offices of Tax
Collector and Receiver, in the county of Cherokee, and to
better provide for paying Jurors in said county.
A Bill to extend and define the corporate limits of the
town of Greenville, in the county of Meriwether, and pro¬
vide for the election of intendant and commissioners for
the same, to define their powers, aad for other purposes
therein named.
A Bill to repeal an Act to authorize the citizens of Mc¬
intosh county to elect commissioners of pilotage for the
port ot Darien, and regulate the fees of the same, approv¬
ed January 18, 1850, and for the purpose of altering the
time, mode and manner of electing said commissioners,
and for other purposes.
Also, a Bill to incorporate the Central Female College.
The House of Representatives have concurred with the
Senate in their amendments to the following bills of the
House of Representatives, to-wit :
A Bill to incorporate the Georgia Mechanical and
Manufactural Institute in the city of Macon, and to confer
certain privileges upon the same.
A Bill to relieve and indemnify Seaborn Jones.
A Bill for the relief of the estate of James Mapp, de¬
ceased, of the county of Greene.
A Bill to provide for the election of all the Judges of
the Superior Courts, by the free white people of the State
of Georgia, and for other purposes therein named.
A Bill to amend an Act to permit all the specie pay¬
ing solvent Banks of this State, to issue bills of a de¬
nomination less than five dollars, assented to December
2Tth, 1842.
A Bill to change the line between the counties of Cas3
and Floyd, and to define and change the lines of other
counties therein named.
A Bill to provide for the equipment, construction, and
repair of the Western and Atlantic Railroad, and to pay
off the existing liabilities of the same.
The House of Representatives have refused to concur
with the Senate in their amendments to the following bill
of the House of Representatives, to-wit:
A Bill to change the boundary line of the county of
Thomas, so a3 to add lot of land number one hundred and
ten, in the tenth district of Baker county, adjoining the
present line of the county of Thomas, to the county of
SENATE. 477
Thomas, and to change the lines of t>ther counties therein
named.
On motion of Mr. Harman, the Senate took up the
amendments of the House of Representatives to the bill of
the Senate, to fix and 'regulate the time for holding the
Superior Courts in the Macon Circuit.
^ For the first amendment of the House of Representa¬
tives, Mr. Harman offered the following as a substitute :
" The Superior Courts of Crawford county to be held on
the second Monday in March and September • the Supe¬
rior Courts of Twiggs county to be held on the third Mon¬
day in March and September; the Superior Courts of
Macon county to be held on the fourth Monday in March
and September; the Superior Courts of Dooly county to
be held on the second Monday in April and October ; the
Superior Courts of Houston county to be heid on the
fourth Monday in April and October ; the Superior Courts
of Bibb county to be held on the second Monday in May
and November.
Which was received.
And on motion of Mr. Harman, the Senate concurred
in the other amendments of the House of Representatives
to the bill.
And on motion, the Secretary was directed to inform the
House of Representatives forthwith of the same.
The Senate took up, as the Report of the Committee of
the Whole, the bill to relieve Robert II. Dixon, of Talbot
county, from the operation and effect of an Act entitled
an Act to regulate the returns of Executors, Administra¬
tors and Guardians, approved 23d February, 1850, so as to
prevent a forfeiture of his commissions as administrator of
the estate'of A. Bidell.
The Report was agreed to.
The Bill was read the third time and passed.
The Bill to amend an Act to incorporate the city of Co¬
lumbus, and to prescribe the powers and duties of the
City Guard.
Was taken up, read the second time, and referred to the
Committee ot the Whole.
The Senate took up the reconsidered bill of the House
of Representatives, for the relief of James Gibson, of the
county of Wilkinson, and to authorize and require the
Governor to draw his warrant upon the Treasurer in favor
of said Gibson, or his agent, for the sum of nineteen hun¬
dred and two dollars and two cents.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the reconsidered bill to authorize his Excellen¬
cy the Governor to have issued to Lovick L. Witticb, of
478
JOURWAI, Off THB
Newton county, in said State, a grant for lot of land Na
738, in the 3d district and 4th section of Cherokee.
And on motion of Mr. Bethune, the same wss indefinitely
postponed.
The Senate took up the reconsidered Bill of the House
of Representatives, to amend an Act entitled an Act to alter
and amend the several Acts in relation to itinerant tra¬
ders, and to prescribe the mode of their obtaining license,
approved November 27th, 1845, so far as to increase the
tax on said itinerant traders, in the counties of Jackson,
Pike, Wilkes, Franklin, Sumter and Washington.
Mr. P. M. Byrd moved to amend by striking out " Jack¬
son county."
Which was agreed to.
Mr. Simmons moved to amend by striking out "Wash¬
ington county."
Which was agreed to.
Mr. Moore moved to amend by striking out " Wilkes
county."
Which was agreed to.
Mr, Flournoy moved to amend by inserting " Stewart
county."
Which was agreed to.
Mr. Harraan moved to amend by adding the following
as an additional section :
Be it further enacted, That no license shall be granted
to any person other than a citizen of the United States, to
peddle m any county of this State.
Mr. Simmons moved to amend the amendment by strik¬
ing out all after the words " further enacted," and insert¬
ing in lieu thereof the following: " that no person shall
be entitled to peddle in any county in this State, except
citizens of said county."
On which motion the yeas and nays were required to be
recorded, and are, yeas 16, nays 22.
Those who voted in the affirmative, are Messrs.
Anderson, Hardeman, Simmem,
Burks, Hicks, Strond,
Calhoun, Mosely, Tomlinaon,
Dickinson, Reed, Watters,
Flewellen, Rosa, Wright
Flou noy,
Tuoso who voted in the negative, are Messrs.
Beavers, John L. Bird, Cone,
Bryan, Philip M. Byrd, Connelly,
Bufcer, Coffee, Crocker,
SENATE. 479
Lawson, Slaughter,
Farria, Little, Tumlin,
Harman, McRae, Walthour,
Harris, Moore, "Wolfe,
Knight,
So the motion "was lost.
The question then recurred upon agreeing to the amend¬
ment of Mr. Harman.
Which was agreed to.
Mr. Cone moyed to amend by adding to the Report the
following proviso:
Provided, however, The Justices of the Inferior Court
of the county of Bulloch may grant license to any person
to peddle in the county of Bulloch, on such person paying
into the hands of the Clerk of the Inferior Court of said
county, the sum of twenty-five dollars, though the said
Justices may restrict such person, and take such bond or
obligation from such person as they think their interest
demand.
Which was agreed to.
The Report, as amended, was agreed to.
The bill was read the third time and passed.
Mr. Calhoun made the following Report:
The Committee ori\Petitions, to whom the Memorial of
a number of the citizens of the county of Hancock was re¬
ferred, expressing a desire to be added to the county of
Baldwin, by an alteration of the present line now dividing
said counties, have had the same under consideration, and
no sufficient reason occurring to us arising out of said me¬
morial for said change, beg leave to report unfavorably.
The Senate took up the engrossed bill of the House of
Representatives, to amend the third section of the third
article of the Constitution of the State of Georgia.
Mr. Harman moved to postpone the bill indefinitely.
Which was lost.
The question then recurred on the passage of the bill.
On which the yeas and nays were required to be record¬
ed, and are, yeas 24, nays 15.
Those who voted in the affirmative, are Messrs.
Anderson, Dickinson, Ross,
Beavers, Farris, Slaughter,
Bryan, Flournoy, Stroud,
Butler, Harris, Tomlinson,
Philip M. Byrd, Hicks, Tumlin,
Calhoun, Lawson, Wellborn,
Coffee, Little, 2?!*02*
Crocker, Mosely, Wright,
480 JOURNAL OF THE
Tliose who voted in the negative, are Messrs.
Burks, Flewellen, Moore,
John L. Bird, Hardeman, Reed,
Oone, Harman, Simmons,
Connelly, Knight, W althour,
Day, McRae, "Wolfe.
So the Bill was lost.
The Senate took up the message from the House of
Representatives, in relation to the amendment of the Sen¬
ate to the bill of the House, to change the boundary line
of the county of Thomas, so as to allow lot of land number
one hundred and ten, in the tenth district of Baker county,
adjoining the present line of the county of Tkcpnas, to the
county of Thomas, and other counties therein named.
To which the House had disagreed.
On motion of Mr. Knight, the Senate receded from its
amendment.
The bill of the House of Representatives, to appropriate
money for the support of government for the political years
1852 and 1853,
"Was taken up, read the second time, and referred to
the Committee of the Whole.
The following Bills of the House of Representatives were
taken up and read the first time:
A Bill to change the name of the public site in the
county of Clinch.
Also, a Bill to compensate the Grand and Petit Jurors
in certain counties therein named, and to provide for the
payment of the same.
Also, a Bill to extend and define the corporate limits of
the town of Greenville, in the county of Meriwether, to
provide for the election of Intendant and Commissioners
for the same, to define their powers, an'd for other purposes
therein named.
Also, a Bill to change the line between the counties of
Campbell and Fayette, so as to include the residence of
John Griffin and Thomas S. Roberts, now of the county of
Fayette, in the county of Campbell.
Also, a Bill to authorize the Treasurer of Pike county,
or the Treasurer of the poor school funds of said county, to
pay over to L. E. Stubbs. or his lawful representative, the
sum of money therein named, and to authorize the Trea¬
surer or person having control of the poor school funds to
Say over in Cherokee county to Achilles Foster and James
[cDaniel, William Knox and John Ilolcomb, the amount
due them for teaching in the years 1850 and 1851.
Also, a Bill to repeal an Act to authorize the citizens of
SBNATH. 481
Mcintosh county, to elect commissioners of pilotage for
the port of Darien, and regulate the fees of the same, ap¬
proved January 18th, 1850, and for the purpose of altering
the time, mode and manner of electing said commission¬
ers, and for other purposes.
Also, a Bill to authorize the Governor of Georgia to is¬
sue a grant for a certain lot of land therein named, to
Zadock Bonner, upon the conditions therein specified.
Also, a Bill to regulate the mode of electing Constables
in the city of Savannah.
Also, a Bill to authorize John W. Duncan to plead and
practice law in the several Courts of Law and Equity in
this State, on certain conditions therein named.
Also, a Bill to lay out a new county from the counties
of Talbot, Macon and Marion, and attach the same to a
Senatorial District.
Also, a Bill to repeal an Act consolidating the offices of
Tax Collector and Received in the county of Cherokee,
and to better provide for paying Jurors in said county.
Also, a Bill to incorporate the Sparta Hotel Company.
Also, a Bill to keep open, remove and prevent obstruc¬
tions to the free passage of fish, &c., in the ILiwassee river,
from the Horth Carolina line to Osborne's Mills in the
county of Union, State of Georgia.
Also, a Bill to amend the Road laws of this State, so fi^r
as respects the county of Columbia.
Also, a Bill to amend an Act entitled an Act to author¬
ize parties to compel discoveries at common law, and to
prevent the abuse of the same.
Also, a Bill to incorporate the Central Female College,
under the care of the Methodist Protestant Church, Geor¬
gia District, located in Culloden.
ALo, a Bill to change the name of LaGrange Female
Collegi ate Seminary.
Also, a Bill to repeal the first and second sections of an
Act, approved 23d of February, 1850, entitled an Act to
curtail the labor of the Clerk of the Supreme Court, and
to reduce the cost in said Court, and to authorize amend¬
ments in said Court.
Also, a Bill to alter and amend an Act entitled an Act
to alter and amend an Act for the better regulation of the
to.vn of Monticello, in the county of Jasper, and to extend
the limits of the town of Forsyth, and to authorize the
commissioners to pay a Marshal.
Also, a Bill to allow Augustus H. Anderson and Moses
P. Greene, to erect a bridge across the Ogeecheq river, in
Burke and Emanuel counties.
Also, a Bill to amend an Act to amend me several Acts
now in force regulating the fees of Magistrates and Con¬
stables in the State of Georgia, so far as relates to the
31
48S JOUKIT-Ali Off TUB
©ounty of Chatham, approved December 19th, 1819, bo as
to include the Magistrates and Constables of the county of
Baldwin, and to provide for the collection of the same.
Also, a Bill for the relief of Thomas B. Andrews and
Thomas M. Murray, teachers of poor children of the coun¬
ty of Early, for the years 1814, 1816, 1817, and 1848.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
amend an Act entitled an Act to authorize all the free
white citizens of the State of Georgia, and such others as
they may associate with them, to prosecute the business of
manufacturing, with corporate powers and privileges, pass¬
ed on the 22d day of December, 1817, so far as the Han¬
cock Manufacturing Company are concerned, and to in¬
corporate said Company, and to grant to said Company
certain privileges.
And on reading the third and fourth sections, as follows:
Be it further enacted, That said Company shall have
power to create a debt or debts for the purpose of carry¬
ing on the operations of said Company, not exceeding
twenty thousand dollars, and shall have power of mortga-
5ing the factory property for the payment of the same;
\ovided, however, The said Directors creating such debt
shall be individually liable under the Act of which this
Act is amendatory, but shall nevertheless be entitled to be
refunded out of the corporate fund or property; Provided,
That the private property of the Stockholders shall be lia¬
ble for the debts of the Company, in proportion to the
Stock held by each Stockholder.
Be it further enacted, That said Company, in addition
to manufacturing cotton and woolen fabrics, and grinding
train, shall be authorized to establish, carry on, and con-
uct a paper factory for the purpose of manufacturing
paper.
The Select Committee on Corporations moved to amend
by striking out the same, and inserting in lieu thereof the
following:
Be it further enacted, That the Company are author¬
ized to mortgage the property belonging to the Company,
for the purpose of raising money to purchase cotton, or
paying the wages of operatives, or both; Provided, 7ww-
ever, This power shall not be construed to authorize the
Company to owe at any time more than the amount of its
capital stock paid in and existing at the time, in property
and good demands due the Company, without subjecting
the officers creating such debt or debts to the pains ana
penalties pointed out in the fifth section of said Act of
which this Act is amendatory. Which was agreed to.
The Select Committee on Corporations moved furlher
to amend by adding the following as additional sections:
SBKATB. 483
Be it further enacted, That Thomas W. Miller, William
M. ,D'Antignac, Louis A. Dugas, William E. Dearing,
Thbmas Barrett, Edward Thomas, John Bond, Hubbell W.
Risley, Daniel B. Plumb, Turner Clanton, Thomas S.
Metcalf, James Hoy, Jr., Henry II. Camming, and their
associates, subscribers to the capital stock of the associa¬
tion intended to be hereby incorporated,and their successors,
be and they are hereby made and declared to be a body
corporate and politic, in deed and in lawj by the name and
style of " The Gas Light Company of Augusta," and as
such shall have power to adopt, make and use a common
seal, and the same at their pleasure to alter and renew, to
make and execute such by-laws, rules and regulations, not
repugnant to the laws of the land, as they may deem ne¬
cessary or convenient for the government of the corpora¬
tion, to have perpetual succession of members and officers,
conformably to such by-laws, rules and regulations, to sue
and be sued, to plead and be impleaded in any Court of
Law or Equity, to purchase, receive and hold, lands, tene¬
ments, goods and chattels, and the same to sell, convey
and assign, and generally to have, exercise and enjoy, all
such rights and privileges, and be subject to all such lia¬
bilities as are incident to bodies politic and corporate.
Be it further enacted, That the ,said corporation shall
have full power and authority to make, manufacture, and
sell Gas, to be made of coal, resin, or other materials for
lighting the streets, public and private buildings, and other
places in the city of Augusta, and shall be and is hereby
authorized and empowered to lay down in any and all of
the streets, lanes, avenues, alleys, squares and public
grounds of said city, gas pipes, and other apparatus for
conducting gas through the same, and- to erect therein such
gas posts, burners and reflectors, as may be necessary or
convenient ; Provided, That the public track shall at no
time be interrupted or impeded by the laying down or
erection thereof, and that the said streets, lanes, avenues,
alleys, squares, and public grounds, shall not be thereby
injured, but shall be left in as good state and condition as
they wore before the laying down of said pipes, conductors,
or other apparatus, and the erection of said posts.
Be it f urther enacted, That the capital of the said cor¬
poration shall be divided into shares of twenty-five dollars
each, and be transferable only on the Transfer Book of the
Company, and until such transfer is regularly made there¬
on, shall be held bound and liable for all debts due and
owing to the corporation by the holders thereof, and by
order° of the Directors, in conformity to such by-laws as
the stockholders may adopt in relation thereto, may be
sold at public auction for the purpose of paying any debt
er debts due by the individual stockholder to the Company,
484 J0UB2TAX. 0* THB
they accounting to such, stockholder for any surplus of the
proceeds of such sale remaining after the payment of such
debt or debts.
Be it further enacted, That the affairs of said corpora¬
tion shall be managed by a Board of fiVe Directors, to be
elected annually on such day as may be fixed by the by¬
laws of the Company, of whom one shall be elected to
preside over the Board, to be known as, and to discharge
the duties of President of said corporation, and that at all
elections of Directors, and in all meetings of the Stock¬
holders, each Stockholder shall be entitled to one vote for
each share of stock standing in his or her name, and said
stock may be represented by attorney or proxy of the
Stockholder.
Be it further enacted, That if at any time an election
of Directors should not take place on the day appointed
by the by-laws, the corporation shall not be dissolved for
that cause, but the Directors previously elected shall con¬
tinue to exercise as heretofore, the functions of their office
as such, until others be elected in Conformity to the by¬
laws.
Be it further enacted, That if any person or persons
shall wilfully do, or cause to be done, any act or acts
whereby to injure any pipe, conductor, cock, metre, ma¬
chine, or other thing whatever, appertaining to the Gas
works of said Company, whereby the same may be stopped,
obstructed or injured, the person or persons so offending
shall be considered guilty of, and shall be indicted for a
misdemeanor, and being thereof duly convicted, shall be
punished by fine not exceeding two hundred dollars, or
imprisonment in the common Jail not exceeding sixty
days, or by both fine and imprisonment not exceeding the
said sum and time; and such criminal prosecution shall
in no wise impair the right of action for damages, which
the said Company is hereby authorized to institute in any
court having cognizance and jurisdiction of the same.
Which was agreed to.
Mr. Harman moved to amend by adding the following
as an additional section:
Be it enacted, That the Mayor and Council of the city
of Macon, and their successors in office, and such others
as they may associate with them, shall be known as the
Macon Gas Light Company, with the same powers and
privileges as are granted to the " Gas Light Company of
Augusta," in the preceding sections.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
On motion, the Senate adjourned until 7 o'clock, P. M
bhkath.
485
Sevbh o'clock, P. M.
Hie Senate met pursuant to adjournment.
The following Message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Mk. President: The House of Representatives have
concurred with the Senate in the adoption of their substi¬
tute in lieu of the amendment of the House to the hill of
the Senate, to fix and regulate the times for holding the
Superior Courts in the Macon Circuit.
The House of Representatives have refused to concur
with the Senate in their amendments to the hill of the
House of Representatives for the government and manage¬
ment of the Western and Atlantic Railroad.
All of which I am directed to communicate forthwith to
the Senate.
Mr. Simmons, from the Select Committee to whom was
referred a bill to be entitled an Act to alter and change
the line between the ©ousalaee of Cherokee and Forsyth,
made the following Report:
Ms. President : The Committee to whom was referred
a bill to be entitled an Act to change the line between the
counties of Cherokee and Forsyth, beg leave to Report,
that they have had said bill under consideration, and that
from the best information they can get, it appears that all
the citizens residing within the limits included in said bill,
have signed a petition praying that they be attached to
Forsyth county, and representing that they reside within
eight miles of Cumming, and sixteen from Canton ; that
there are ten of said petitioners, and that the territory af¬
fected by said proposed change is only 1640 acres of land,
all lying contiguous and in a regular form.
The Senate took up, as the Report of the Committee of
the Whole, the reconsidered bill of the House of Repre¬
sentatives, to alter and change the line between the coun¬
ties of Cherokee and Forsyth.
The Report was 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
18, nays 23.
Those who voted in the affirmative, are Messrs.
John L. Bird, Connelly,
Calhoun, Dickinson,
Bryan, Cone,
Calhoun,
Coffee,
Flournoy,
486 jotjbbal o* tub
Seed, Tomlinson, "Wiloox,
Simmons, Wellborn, Wolf©.
Those who voted in the negative, are Messrs.
Anderson, Earris, Ross,
Beavers, Elewellen, Slaughter,
Bethnne, Hardeman, Stroud,
Burks, Hicks, Tumlin,
Butler, Knight, Walthour,
P. M. Byrd, Lawson, Watters,
Crocker, Little, W right.
Day, Moore,
So the Bill was lost.
The following message was received from the Govern¬
or by Hr. Paine, his Secretary ; which, on motion of Mr.
Harmau, was taken up and read as follows:
Executive Depaktment, \
Milledgemlle, January 9th, 1852. j
I have signed an Act of the General Assembly, " to levy
a tax for each of the political years 1852 and 1853, and
thereafter until repealed and do not hesitate to express
my cordial concurrence with the judgment of the Legisla¬
ture in this radical measure of reform in our tax laws. I
entertain no doubt that it will meet the general approval
of the people, and in its future operations will realize the
just expectations of its supporters. Our system of taxation
is now based for the first time upon a sound and just prin¬
ciple, and like all other measures of reform resting upon
the sure foundations of right and justice, will in due time
work out its own vindication.
As the available means of the Treasury for the year 1'853,
will depend upon the amount raised,by this Act, I have
directed my attention to the probable financial operations
of the State for the next two years, with a view to guard by
timely legislation against any deficiency that might possi¬
bly occur.
I have estimated the appropriations for the present'fiscal
year, (1852,) exclusive of the reduction of the public debt
and the interest thereon, at two hundred and seventy thou¬
sand dollars, ($270,000,) and for the year 1853, at ninety
thousand dollars, ($90,000.) If these estimates should not
be exceeded, and the State Road should yield an income
equal to the lowest calculation of its friends, which will de¬
pend in a great measure on the efficiency of its organiza¬
tion, we should be enabled during the years 1852 and
1853, to meet these appropriations, together with the ap-
EEFATB. 48T
propriation for the payment of the interest on the publi®
debt, and also reduce the public debt during that time, as
now contemplated by law; Provided, Your Tax Act should
bring into the Treasury the amount contemplated by the
General Assembly, as appears upon the face of the Act;
I mean the sum of three hundred and seventy-five thou¬
sand dollars, ($375,000.) Whether or not that amount
will be realized under this Act, must of necessity be a mat¬
ter of conjecture.
The only basis which we now have upon which to make
a calculation, is the value of the property of our citizens,
as returned in the census. That puts the value of the pro¬
perty of the State, subject to taxation under this Act, in
round numbers, at three hundred and thirty-four millions,
(334,000,000,) from which sum must be deducted the
amount covered by the exemptions of the Act. If this
should be considered a reliable basis, it is quite manifest
that the amount realized from this law would fall below
three hundred thousand dollars.
There are, however,' strong reasons for believing that
in many cases the amount will exceed the returns of the
census, and something may be added to the calculation
for the increased property of the State; but at the same
time it should be borne in mind, that the returns made to
the census taker are made with a view to the exhibition of
personal and State wealth, whilst the Tax Collector en¬
counters a very different feeling when he seeks to ascer¬
tain the value of the citizens property for the purpose of
imposing a tax upon it. These are considerations to be
weighed in looking to the probable operations of this un¬
tried experiment in our system of taxation, from the lan¬
guage and the whole spirit of the law, as well as from my
knowledge of the wise and patriotic intentions of the Gen¬
eral Assembly, I am justified in the conclusion that it waa
your intention to provide ample means to meet the expen¬
ditures of the State, and that in your judgment the sum of
three hundred and seventy-five thousand dollars ought to
be raised in the present year.for that purpose. I concur
with you upon both points, aud on that account have
thought it my duty to make the communication, to recom¬
mend the passage of a supplemental Act, which will en¬
sure the object which was so evidently contemplated. The
fifteenth section of the Act restrains the collection of a
larger amount than the sum already designated. This is
right, and very properly takes from the Executive all dis¬
cretion in assessing the amount of revenue to be raised. If
the Act had stopped here it would have been perfect in
this respect, but by the fourteenth section, the per centage
is limited to one-twelfth of one per cent., and in no event to
©xceed it. Suppose upon the returns of the Tax Eeceivera
4:88
JOTTKlTAIi Off THIS
being received at the Comptroller's Office, and upon the
calculation being made, as required by the Act, it should
be found that one-twelfth of one per cent, will not raise the
gum of three hundred and seventy-five thousand dollars,
you have prohibited a higher per centage, and have thus,
in such a contingency, defeated the manifest object of your
legislation.
I feel quite sure that the members of the General As¬
sembly will all concur in the propriety and duty of raising
an amount adequate to the wants of the Government,
though they may have differed very honestly in their
judgments as to the best and most equitable mode of rais¬
ing it.
If, then, it is your opinion that the sum of three hun¬
dred and seventy-five thousand dollars ($375,000) is neces¬
sary to meet the accruing liabilities of the State, by virtue
of your appropriations, and that that amount ought to be
realized from the taxes of the present year, I can see no
reason why this restriction should not be removed, and the
opportunity thereby afforded of carrying out the intentions
of the General Assembly in any contingency that may
happen.
You will bear in mind that you are confiding nothing to
executive discretion in this matter. You only Tequire a
calculation to be made by him to carry out your own judg¬
ments. The Executive is not authorized to raise one dol¬
lar more or less than you direct.
It is immaterial whether the calculation be made by
him or any other person, for it is at best but an arithmeti¬
cal calculation, which is submitted to him by the Act..
Under this view of the subject, I have determined to
submit these considerations to the General Assembly, and
to recommend the passage of a supplemental Act of the
character I have indicated.
(Signed) HOWELL COBB.
On motion the same was referred to the Committee on
Finance.
On motion of Mr. Anderson, the Senate took up the
Message from the House of Representatives in relation to
the substitute by way of amendment, adopted by the
Senate for the bill of the House for the government and
management of the Western and Atlantic Railroad.
On motion of Mr. Flournoy, the same was made the
special Order of the Day for to-morrow.
On motion of Mr. Bethune, the report heretofore made
by the Finance Committee in relation to the creditors of
the Darien Bank, was taken up.
Mr. Simmons moved to amend the Report by striking
SENATE* 489
out the preamble, and inserting in lieu thereof the follow¬
ing:
" "Whereas, There are divers claims outstanding against
the State of Georgia, growing out of her connection with
the late Bank of Darien, the justice of some of which
claims is doubted; and whereas, this General Assembly
is alike unwilling to pay an unjust claim against the State,
or repudiate a just one; and whereas, commissioners or
courts of law are better qualified to investigate complicated
questions of law and fact than a legislative body.
Which was agreed to.
Mr. Calhoun moved to amend by striking out the two
last Resolutions reported by the committee, and inserting
in lieu thereof the following Resolution: •
Resolved by the Senate and Souse of Representatives,
That his Excellency the Governor be and he is hereby re¬
quested to appoint three commissioners, and that all
claims against the State by those who hold bills on the
Darien Bank, or judgments, or other evidences of debt
against said Bank, be referred to the award of said com-
sioners; that said commissioners determine said claims in
the county of Baldwin, and that either the creditor or the
Governor, as the representative of the State by attorney-
at-law, being dissatisfied with said award, may enter an
appeal to the Superior Court of the county of Baldwin
from said award, within thirty days after the same, by
written notice to the other party; and that the faith of the
State be pledged to pay any award said commissioners
may make, if not appealed from, and if appealed from, to
pay the amount of the verdict and judgment in favor of
any such claimant; and that his Excellency the Governor
appoint some competent attorney to represent the State.
Which was agreed to.
The Report, as amended, was then agreed to.
On motion, the Senate adjourned until half past 9 o'clock
to-morrow morning.
SATURDAY, January 10th, 1852.
The Senate met pursuant to adjournment
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President: The House of Representatives has
passed the following Bills, to-wit:
A Bill to alter the time of issuing writs and processes
by the Clerk of the Superior Court of the county of
Wilkes.
490 JOURNAL OF THB
Also, a Bill for the relief of D. T. "White, of Newton
C° Also' a Bill to alter and straighten the line between the
comities of Jasper and Newton, and other counties therein
named.
Also, a Bill to repeal so much of an Act entitled an Act
so far as relates to the county of Walker, as respects the
proportioning of the Poor School Fund.
Also, a Bill to change the time of holding the Superior
Courts of the county of Richmond and Inferior Courts of
the county of Chattooga.
Also, a Bill to increase the jurisdiction of Magistrates
in the city of Macon.
Also, a Bill to enlarge and extend the corporate powers
of the town of Covington.
Also, a Bill to amend an Act to provide for the Educa¬
tion of the poor, so far as the county of Twiggs is con¬
cerned.
Also, a Bill to authorize the Treasurer of the Poor School
Fund, in the county of Laurens, to pay over to William J.
Daniel and Archibald McMillan the amount of their ac¬
counts for teaching poor children.
Also, a Bill to repeal an Act entitled an Act to amend
an Act to incorporate the city of Dalton, in Murray coun¬
ty, approved 29th December, 1817.
Also, a Bill to alter and amend the Road and Town or
village laws of this State, so far as respects the county of
Hancock.
The House of Representatives have refused to concur
with the Senate in their amendments to the following Bills
of the House of Representatives, to-wit:
A Bill to prescribe the mode of compensating the Jurora
of the Superior and Inferior Courts of the counties of
Lumpkin, Habersham and Murray.
Also, a Bill to amend an Act entitled an Act to amend
an Act to incorporate the South-Western Railroad Com-
"pany with power to extend branches to Albany, in the
county of Baker, and Fort Gaines, in the county of Early,
or io points below those places on the Chattahoochee and
Flint Rivers, and to punish those who may willfully injure
the same, assented to December 27th, 1845, and for other
purposes, approved February 23d, 1850.
The House of Representatives has also agreed to a
Preamble and Resolution setting forth certain national
principles, to which they ask the concurrence of the Sen¬
ate.
Harm an laid upon the table the following Resolu¬
tion : ®
Resolved, That the Governor, be and he is hereby re¬
quested to have published in such of the public journals
bbnatb. 491
as he may think proper the Advalorem Tax Act passed by
this General Assembly.
Mr. Gone moved to amend by adding thereto the words
" and that a copy be furnished to each of the Tax Collec¬
tors and Receivers when published."
"Which was agreed to.
Mr. Anderson moved further to amend by adding the
following words, " also such Acts of a general character
as have been or may be passed."
Which was agreed to.
The Resolution as amended was then agreed to.
Mr. Flewellen laid on the table the following Resolu¬
tion :
Resolved, by the Senate and House of Represen tativess
of the State of Georgia, That both branches of the Gen¬
eral Assembly will ad]ourn s-ine die on Saturday the 17th
instant, at 12 o'clock, M. of that day.
On motion, the Resolution was taken up.
Mr. Harman moved to amend by adding the following
words, " Provided, they get through the business."
Which was lost.
Mr. Reed moved to amend by adding the following
words, " or sooner if practicable."
Which was agreed to.
The question then recurred upon agreeing to the Reso¬
lution as amended.
On which motion the yeas and nays were required to
be recorded, and are, yeas 23, nays 19.
Those who voted in affirmative, are Messrs.
Bryan, . Foster, Slaughter,
Butler, r Griggs, Stroud,
Philip M. Byrd, Harris, Tomlinson,
Crocker, Hicks, Tumlin,
Day, Little, Walthour,
Dickinson, Mosely, Wilcox,
Farris, Reed, Wolfe.
Flewellen, Simmons,
Those who voted in the negative, are Messrs.
Anderson, Cone, Lawson,
Beavers, Connelly, McRae,
Bethune, . Flournoy, Ross,
Burks, Hardeman, Watters,
John L. Bird, Harman, Wellborn,
Calhoun, Knight, Wright.
Coffee,
So the Resolution was adopted.
492 JOURNAL OF TECH
On motion of Mr. Foster, the Special Order of the Day
which was the message from the House in relation to the
substitute, by way of amendment, adopted by the Senate
for the Bill of the House, for the government and manage-
ment of the Western and Atlantic Railroad,
To which the House had disagreed, was taken up and
postponed until Monday.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to ap-
propriate money for the support of the Government, for
the political years, 1852 and 1853.
And on reading the following part of the fourth sec¬
tion :
Be it enacted, That the sum of fifteen 'hundred dollars
be appropriated for the payment of the salary of the Phy¬
sician and Superintendent of the Lunatic Asylum for the
year 1852, and the same amount for the year 1853.
Mr. Slaughter moved to amend by striking out the word
" fifteen" and insert in lieu thereof the word " sixteen."
The question was divided, and on the motion " to strike
out" the yeas and nays were required to be recorded and
are—yeas 22, nays 18.
Those who voted in the affirmative are Messrs.
Anderson, Dickinson, Lawson,
Bethune, Farris, Ross,
Burks, Flewellen, Simmons,
Butler, Flournoy, Slaughter,
John L. Bird, Hardeman, Stroud,
Connelly, Harman, Watters.
Crocker, Hicks, Wright.
Day,
Those who voted in the negative, are Messrs.
Beavers, Griggs, Tomlinson,
Bryan, Harris, Tumlin,
Philip M. Byrd, Little, Walthour,
Calhoun, McRae, Wellborn,
Coffee, Mosely, Wilcox,
Cone, Reed, Wolfe.
So the motion to strike out prevailed.
The question then recurred on inserting the word " six
teen;"
Which was agreed to.
And on reading the following part of the same sec
tion,
SENATE. 4® 8
u The sum of four thousand six hundred and twenty-five
dollars for the payment of the Trustees, attendants and
servant hire, &c."
Mr. Slaughter moved to amend by striking out the
words, " four thousand six hundred and twenty-five dol¬
lars," and inserting in lieu thereof the words " seven thou¬
sand six hundred and forty-five dollars."
On which motion the yeas and nays were required to
be recorded, and are—yeas 23, nays 18.
Those who voted in the affirmative, are Messrs.
Anderson, Crocker, Knight,
Beth une, Day, Lawson,
Burks, Dickinson, Slaughter,
Butler, Farris, Stroud,
John L. Bird, Flewellen, Tumlin,
Coffee, Flournoy, Walthour,
Cone, Hardeman, Watters.
Connelly, Hicks,
Those who voted in the negative, are Messrs.
Beavers, Harris, Simmons,
Bryan, Little, Tomlinson,
Philip M. Byrd, McRae, Wellborn,
Calhoun, Mosely, Wilcox,
Griggs, Reed, Wolfe,
Harrnan, Ross, Wright.
So the motion prevailed.
And on reading the following jiart of the same sec-
tion :
" And for the support of pauper patients in said Asylum,
the sum of eight thousand dollars per annum for each of
the years 1852 and 1853."
Mr. Slaughter moved to amend by striking oi^t the word
" eight," and insert in lieu thereof the word " ten."
The question was divided.
And on which motion to strike out the yeas and nays
were required to be recorded, and are—yeas 23, nays 14.
Those who voted in the affirmative, are Messrs.
Anderson, Cone, Slaughter,
Bethune, Crocker, Stroud,
'Burks, Flewellen, Tomlinson,
Butler, Flournoy,
John L. Bird, Hardeman, Walthour,
494: JOTJMT.AX. OP TOT
Calhoun, Knight, Matters,
Coffee, Lawson, W olfe.
Connelly, Simmons,
Those who voted in the negative, are Messrs.
Beavers, Harris, Heed,
Bryan, Hicks, W ellborn,
Hay, Little, "Wilcox,
Griggs, McRae, Wright,
narman, Mosely,
So the motion to strike out prevailed.
The question then recurred on inserting the word " ten."
On which motion the yeas and nays were required to bo
recorded, and are—yeas 24, nays 13.
Those who voted in the affirmative, are Messrs.
Anderson, Connelly, Simmons,
Bethune, Crocker, Slaughter,
Burks, Plewellen, Stroud,
Butler, Mourn oy, Tomlinson,
John L. Bird, Hardeman, Tumlin,
Philip M. Byrd, Harman, Walthour,
Calhoun, Knight, Watters,
Coffee, Lawson, Wolfe.
Those who voted in the negative, are Messrs.
Beavers, Harris, Reed,
Bryan, Hicks, Wellborn,
Cone, Little, Wilcox,
Hay, McRae, Wright.
.Griggs, Mosely,
So the motion to insert prevailed.
i
And on reading the sixth section as follows :
Be it further enacted, That the sum ot six dollars each
per day be paid to the President ot the Senate and the
Speaker of the House of Representatives during the pre¬
sent session of the General Assembly, and the Bum of four
dollars for every twenty miles travel, in coming to and re¬
turning from the seat of Government. The sum of five
dollars each per day to the members of the General As¬
sembly during the present session ; Provided, That do
member shall receive pay for any time after having lett for
the remainder of the session, or for any time he may have
SEHATB. 495
boon absent without leave, except from sickness of him¬
self or family, and the sum of four dollars for every twen¬
ty miles travel in coming to and returning from the seat
of Government.
Mr. Knight moved to amend by striking out " four dol¬
lars for every twenty miles," and inserting in lieu thereof
the words " five dollars for every twenty miles."
Which was lost.
Mr. Simmons moved to amend by adding after the
words, " or family," the following proviso:
Provided, Further that no member shall receive any
per diem pay after Saturday next for services during the
present session.
Which was lost.
And on reading the following part of the seventh sec¬
tion :
" The sum of six dollars each per day to the Secretary
and assistant Secretary of the Senate."
Mr. Anderson moved to amend by striking out " six
dollars per day" and inserting " seven dollars per day."
Which was lost.
And on reading the following part of the same section :
" The sum of six dollars each per day to the Enrolling
and Engrossing Clerks of the Senate and House of Repre¬
sentatives."
Mr.. Simmons moved to amend by striking out the
words " six dollars per day" and inserting in lieu thereof
the words " five dollaTs per day."
On which motion the yeas and nays were required to b«
recorded, and are, yeas 10, nays 31.
Those who voted in the affirmative are Messrs.
Beavers, McRae, Stroud,
Coffee, Ross, Wellborn,
Day, Simmons, Wright,
little,
Those who voted in the negative, are Messrs.
Anderson,
Bethune,
Bryan,
Burks,
Butler,
John L. Bird,
Philip M. Byrd,
Calhoun,
Cone,
Dickinson,
Farris,
Flewellen,
Flournoy,
Griggs,
Hardeman,
Harman,
Harris,
Hicks,
Lawson,
Mosely,
Reed,
Slaughter,
Tomlinson,
Tumlin,
Walthour,
Waiters,
Wilcox,
496 JOTJRNAI. OF THB
Connelly, Knight, "Wolfe.
Crocker,
So the motion was lost.
Mr. Harris moved to amend by adding the following
proviso:
Provided, Ho person shall draw the pay of Clerk ex¬
cept the person who has actually rendered the service, and
before being paid such Clerk shall file his affidavit with
the Treasurer, that the amount to be received is his own,
and that no other person is by any agreement or under¬
standing to receive any part thereof.
Which was lost.
And on reading the eighth section, as follows :
" The sum of six dollars each per day to the door keep¬
ers and messengers of the Senate and House of Kepresen-
tatives during the present session."
Mr. Simmons moved to amend by striking out the
word " six," and inserting in lieu thereof the word " five."
Which was lost.
And on reading the twelfth section, as follows:
Be it further enacteo.I, That the sum of three hundred
dollars be appropriated for the payment of the expenses
incurred by the Committee appointed under a Resolution
of the House to examine the Western and Atlantic Rail¬
road, and that the same be drawn by the Chairman of
said Committee, by warrant of the Governor.
Mr. Wellborn moved to amend by striking out the
words " three hundred dollars," and insert in lieu thereof
the words, " the sum necessary."
The question was divided, and the motion to 6trike out
was lost.
And on reading the thirteenth section, as follows :
Be it further enacted, That the sum of one hundred
and fifty dollars be paid to the Clerks of the Joint Stand¬
ing Committee on the Penitentiary.
Mr. Wellborn moved to amend by striking out the
whole section.
Which was lost.
And on reading the fourteenth section,
Mr. Bethune moved to amend by adding thereto the
following words, " and that the sum of two hundred dol¬
lars be appropriated to T. Yerstelle, late military store
keeper at Savannah, for his salary from 1 st May, 1850, to
1st January, 1851, the fund from which he was to have
been paid, having reverted to the Treasury when he ap¬
plied, and that the same be j»aid to the Senator from the
1st District.
Which was agreed to.
SENATE.
497
And on reading tlie nineteenth section,
Mr. Connelly moved to amend by adding thereto the
following words, " that the sum of eighteen 4-100 dollars
be paid to George J ones of Savannah, it being the a^nount
of taxes over-paid by him to the Tax Collector of Jeffer¬
son county, the said Tax Collector having made affidavit
to the tact, of said Jones paying said amount, and that the
same be paid to P. 13. Connelly, Senator from the Ninth Dis¬
trict."
Which was agreed to.
And on reading the twentieth section :
Mr. Bethune moved to amend by adding the following,
"and that Messrs. Baynes and Williams "be paid the per
diem pay allowed in this Act for the time for which they
served as members of the House of Representatives from
Jasper county, and mileage in coming to and returning
from the seat of Government.
Which was agreed to.
And on reading the twenty-second section, as follows :
Be it farther enacted, That the sum of six hundred
dollars be appropriated to Doctors Talmage, Pearce and
Mercer, two hundred to each as a compensation for their
services and expenses in making their Educational Re¬
port under a Resolution of the last General Assembly.
Mr. Harris moved to amend by striking out the whole
section:
On which motion, the yea's and nays were required to
be recorded, and are—yeas 22, na}Ts IT.
Those who voted in the affirmative, are Messrs.
Beavers, Harman, Stroud,
Burks,
Philip M. Byrd,
Calhoun,
Coffee,
Cone,
Dickinson,
Elournoy,
Harris,
McRae,
Mosely,
Reed,
Ross,
Simmons.
Tumlni,
Walters,
Wellborn,
W iicox,
Wolfe,
W right.
Those who voted in the negative, are Messrs.
d Oil 11 ±j. OJi.ru,
Connelly,
Hardeman
Hicks,
So the motion.prevailed.
32
49s journal of thb
Mr. Bethune moved to amend by adding the following as
an additional section:
" And that the sum of $500 be annually appropriated
to pay a Deputy Clerk of the Supreme Court, when sucli
Deputy shall be appointed under the present provisions of
law."
"Which was lost.
Mr. Bethune moved to amend by adding the following
as an additional section:
And be it further enacted, That the sum of one hun¬
dred and fifteen dollars be paid to James R. Butts, late
Surveyor General, for making tour new Maps in place of
those on file in Surveyor General's office, too much muti¬
lated to be useful.
Which was agreed to.
Mr. Wright moved to amend by adding the following
as an additional section :
And be it further enacted, That the sum of three hun¬
dred dollars be appropriated to Doctors Talmage, Pierce
and Mercer, one hundred dollars to each for their services
in making their Educational Report to the General As-
.gembly.
Which was agreed to.
On motion the Senate adjourned until 3 o'clock, P. M.
Three o'Clock, P. M.
The Senate mit jursuant to adjournment.
The Senate resumed the consideration of the unfinished
business of the morning, which was the Bill of the House
of Representatives, "to appropriate money for the sup¬
port of the government for the political yesvrs 1852 and
1853."
And on motion of Mr. Moore the same was laid on the
table for the present.
Mr. Simmons, from the Committee on Enrollment, re¬
ports as duly enrolled and ready for the signature of the
President of the Senate,
An Act to appoint the time of holding the Snperior
Courts in the Blue Ridge Circuit of this State, and to le¬
galize and make valid all writs, executions ard other pro¬
cesses, made returnable to the Superior Courts of the sev¬
eral counties in said Circuit at the times at which said
Courts have heretofore been held, and for other purposes.
Also, an Act to fix and regulate the times for holding
the Superior Courts in the Macon Circuit, and to fix the
time for holding the Inferior Court of Bibb county.
SffiffATB. 499
Mr. Harm an presented the Petition of Thomas Taylor,
of Bibb county, praying the Legislature to refund to him
money overpaid in buying headright grants.
And on motion of Mr. "Tlarman, the Petition was refer¬
red to a Select Committee, consisting of Messrs. ITarman,
Bethune and Crocker.
The Senate took up, as the Report of the Committee of
the Whole, the bill to amend an act to incorporate the
city of Columbus, and to prescribe the powers and duties
of the City Guard.
The Report was agreed to.
The Bill was read die mnd time and passed.
On leave granted, Mr. Slaughter presented the Petition
of Mrs. Nepsy M. Cander, praying to be divorced from
her husband.
Which on his motion was referred to the Committee on
the Judiciary without being read.
On motion the Senate took up the message from the
House of Representatives in relation to the amendment of
the Senate to the bill of the House of Representatives,
"to prescribe the mode of compensating the Jurors of the
Superior and Interior Courts of the counties of Lumpkin,
Habersham and Murray."
To which the House of Representatives had disagreed.
Mr. Bethune in the Chair,
Mr. Miller moved that the Senate insist on its amend¬
ment.
Which was agreed to.
And on motion the Secretary was directed to notify the
House of Representatives forthwith of the same.
On motion the Senate took up the message from the
House of Representatives in relation to the amendments
of the Senate to the bill of the Houso of Representa¬
tives, " to amend an Act entitled an- Act to amend
an Act to incorporate the South-Western Railroad Com¬
pany with power to extend branches to Albany, in the
county of Baker, and Fort Gaines, in the county of Early,
or to points below those places on the Chattahoochee and
Flint Rivers, and to punish those who may wilfully injure
the same, assented to December the 27th, 1845, and for
other purposes ; approved February 23d, 1850.
To which the House of Representatives had disagreed.
Mr. Bethune in the Chair, Mr. Miller moved that the
Senate insist on its amendments.
Which was agreed to.
And on motion the Secretary was directed to inform the
House forthwith of the same.
The following Bills were taken up, read the second time,
aad referred to the Committee of the Whole :
A Bill to change the time of holding the Superior
500
JOURNAL OF THE
Courts of the counties of Taliaferro, Madison and Elbert.
Also, a Bill to add an additional section to the act, sup¬
plementary to the act for the appoinlment of county ofli-
cers; approved, December 4th, 1799. <
The Senate took up as the Report of the Committee of
the Whole:
The Bill to incorporate a Bank in the city of Columbus
to be called the Manufacturer's Bank of Columbus.
Mr. FJournoy moved to amend by inserting after the
word " Manufacturers" the word u Mechanics."
Which was agfeed to.
And on reading the following part of the third section :
Be it further enacted, That for the proper management
of the affairs of said Bank, there shall be five Directors,
who'shall'be elected annually on the first Monday in
in each year by the Stockholders^ when a majority
of the* votes given in shall be necessary to a choice.
Mr. Flournoy moved to amend by filling the blank "with
the word " December."
Which was agreed to.
The Report as amended was agreed to. 1
The Bill was read the third time and passed.
The following Bills of the House of Representatives
were taken up read the second time, and referred to
the Committee of the Whole :
A Bill to change the name of the public site in the coun¬
ty of Clinch.
Also, a Bill to change the line between the counties of
Campbell and Fayette, so as to include the residence of
John Griffin and Thomas S. Roberts, now of the county
of Fayette in the county of Campbell.
Also, a Bill to authorize the Treasurer .of Pike county or
the Treasurer of the Poor School Funds of said county to
pay over to L. E. Stubbs or his lawful representative the
sum of money therein named, and to authorize the Trea¬
surer or person having control of the poor school funds to
pay over in Cherokee county to Achilles Foster and James
McDaniel, William Knox and John Ho!comb the amount
due them for teaching in the years 1850 and 1851.
Also, a Bill to amend an Act entitled an Act to author¬
ize parties to compel discoveries at common law, and to
.prevent the abuse of the same.
Also, a Bill for the relief of Thomas B. Andrews and
Thomas M. Murray, teachers of poor childrtn of the coun¬
ty of Early, for the years 1844, 1846,1847 and 1818.
Also, a Bill to amend an Act entitled an Act to amend
the several Acts now in force, regulating the fees of Mag¬
istrates and Constables'in the State of Georgia, so far as
relates to the county of Chatham, approved, December
19th, 1849, so as to include the Magistrates and Consta-
SENATE. 601
bles of the county of Baldwin and provide for the collec¬
tion of the same.
Also, a Bill to authorize the Governor of Georgia to is¬
sue a grant for a certain lot of land therein named to Za-
dock Bonner, upon conditions therein specified.
Also, a Bill to amend the Road Laws of this State, so
far as respects the county of Columbia.
Also, a Bill to keep open, remove, and prevent obstruc¬
tions to the free passage of fish, &c., in the Hiwassee Riv¬
er trom the North Carolina line to Osborne's Mills in the
county of Union, State of Georgia.
Also, a Bill to regulate the mode of electing Constables
in the city of Savannah.
Also, a Bill consolidating the offices of Tax Collector
and Receiver in the county of Cherokee, and to better
provide for paying Jurors in said county.
Also, a Bill to allow Augustus H. Anderson and Moses
P. Greene to erect a Bridge across Ogeechee River in
Burke and Emanuel counties.
Also, a Bill to alter and amend an Act entitled an Act to
alter and amend Act for the better regulation of the town of
Monticello, in the county of Jasper, and to extend the
limits of the town of Forsyth, and to authorize the Com¬
missioners to pay a Marshal.
Also, a Bill to compensate the Grand and Petit Jurors
in certain counties therein named, and to provide for the
payment of the same.
Also, a Bill to extend and define the corporate limits of
the town of Greenville, in the county of Meriwether, to
provide for the election of Intendant and Commissioners
for tlie same, to define their powers, and for other purposes
therein named.
Also, a Bill to lay out a new county from the counties
of Talbot, Macon and Marion, and to attach the same to
a Senatorial District.
Also, a Bill to incorporate the Sparta Hotel Company.
Also, a Bill to repeal an Act to authorize the citizens of
Mcintosh county to elect Commissioners of Pilotage for
the port of Darien, and regulate the fees of the same, ap¬
proved, January ISth, 1850, and for the purpose of alter¬
ing the time, mode and manner of electing said Commis¬
sioners, and for other purposes.
Also, a Bill to authorize John W. Duncan to plead and
practice Law in the several Courts of Law and Equity in
this State, on certain conditions therein named.
Also, a Bill to change the name of the LaGrange Fe¬
male Collegiate Seminary.
Also, a Bill to incorporate the Central Female College
under the care of the Methodist Protestant Church, Geor¬
gia District, located in-Culloden.
502 JOURNAL OF TDH
Also, a Bill to repeal the first and second sections of an
Act, approved 23d of February, 1850, entitled an Act to
curtail the labor of the Clerk ot the Supreme Court, and
to reduce the cost in said Court, and to authorize amend¬
ments in said Court.
The following Bills of the House was taken up and
read the first time :
A Bill to alter and amend the road and town or village
of this State, so far as respects the county of Han¬
cock.
.also, a Bill to amend an Act to provide for the educa¬
tion of the poor, so far as the county of Twiggs is concern¬
ed.
Also, a Bill to repeal an Act entitled an Act to amend
an Act incorporating the city of Dalton, in Hurray coun-
ty, approved twenty-ninth of December, 1847.
Also, a Bill to increase the jurisdiction of Magistrates
in the city of Macon.
Also, a Bill for the relief of D. T. White, of Newton
county.
Also, a Bill to alter the time of issuing writs and pro¬
cesses by the Clerks of the Superior Court of the county
of Wilkes.
Also, a Bill to change the time of holding the Superior
Courts of the county ot Richmond, and the Inferior Courts
of the county of Chattooga.
Also, a Bill to authorize the Treasurer of the Poor
School Fund in the county of Laurens, to pay over to
William J. Daniel and Archibald McMillan the amount
of their accounts for teaching poor children in the year
1851, in said county of Laurens. •
Also, a Bill to enlarge and extend tho corporate powers
of the town of Covington.
Also, a Bill to repeal so much of an Act entitled an Act
so far as relates to the county of Walker, assented to Feb¬
ruary fourteenth, 1850.
Also, a B 11 to alter and straighten the line between the
counties of Jasper and Newton, so as to include the pre¬
mises of Obadiah Fielder, A. S. Bell, Aaron Parker, "Wil¬
liam Pope, S Conoway, D. M. Bell, Christopher Fincher
and Andrew G. Fincher, in the county of Newton, and to
alter the lines of other counties therein named.
On motion the Senate adjourned until 7 o'clock, P. M.
SENATE.
503
Seven o'clock, P. K
Tlie Senate met pursuant to adjournment
The following Preamble and Resolution from the House
of Representatives, were taken up.
It has been the policy of the American Government
from its earliest existence to maintain friendly relations
with all, but entangling alliances with none, but true mis¬
sion is not to propagate our opinions, or impose upon other
countries our form of Government by artifice or force, but
to show by our success, moderation and justice the bless¬
ings of self-government and the advantages of free Insti¬
tutions. Let every people choose for themselves and make
and alter their political Institutions to suit their own con¬
ditions and circumstances, in proclaiming and adhering to
the doctrines of neutrality and non-intervention. The
United States have not followed the lead of other civilized
nations, but have taken the lead and been followed by
others.
The great principles proclaimed in the days of "Wash¬
ington and Jefferson, are the great American principles
upon which our Government has ever stood. The fame
and distinction to which we have attained as a people. The
great blessings which we have dispensed to the world, in
affording an Asylum for the oppressed every where, for¬
bid that we should for a moment cherish the idea of aban¬
doning these principles.
We sympathize with the oppressed,—we tender them a
home, but never will we join with the ambitious or the re¬
vengeful in a crusade against other nations, whatever may
be their domestic policy ; a departure from this safe and
correct rule would involve our Government in endless dis¬
putes and endless wars, the result of which the wisest
statesmanship cannot foresee, our policy should be to ob¬
serve good faith and justice towards all nations, cultivate
peace and harmony with all, against the insideous wiles of
foreign influence the jealousy of a free people ought to be
constantly awake, since history and experience proves that
foreign influence is one of the most baneful toes of a Re¬
publican Government.
In extending our commercial relations, we should have
as little political connection as possible with foreign na¬
tions. Why, by wearing our destiny with that of any part
of Europe, entangle our peace and prosperity in the toils
of European ambition, rivalship interest, humor or caprice.
Resolved by the Senate and House of Representatives
of the State of Georgia in General Assembly met, That
his Excellency the Governor be requested to forward the
forego in a* declaration of principles to our Senators and
504
journal of thb
Representatives in the Congress of the United States, with
the request that they may be laid before their respective
houses, as the opinions of the people of Georgia, as the
policy of our Government, and that a copy be sent, also,,
to the President of the United States.
And the same, on motion of Mr. Bethune were referred,
to the Committee on the State of the Republic.
Mr. Harman made the following Report :
Mr. President :—The Select Committee to whom was
referred the Memorial of Thomas Taylor, praying that the
sum of seven hundred and seventy-two dollars, money paid
by him into the Treasury as grant fees in lots of land in
(originally Appling then) Ware county, may be refunded
to him, have had the same under consideration, as will be
seen by the memorial; the petitioner bases his claim up¬
on the fact, that in some case where a contest has arisen
between a holder of a certificate under the sale authorized
by the Act of 1833, upon which all the instalments of the
purchase money had been paid, and another holding a
grant for the same lot, held under the Act of 1847, au¬
thorizing the forfeiture and sale of all lots, the grants to
which had not been issued, the Supreme Court has ruled,,
that the certificate with all instalments paid, issued for lots
sold under the Act of 1833, was sufficient title.
Under the Act of 1833, a great number of lots and frac¬
tions have been sold, and all or nearly all of them have
been paid for and grants issued, for which grants the
purchasers have paid the grant fees. If the principles
shall be laid down by the General Assembly that, because
a title was good under a certificate held by virtue of the
sale of 1833, the grant fees heretofore received into the
Treasury upon lots and fractions sold by that Act is wrong¬
fully drawn from the purchaser, then a wide door is open¬
ed for drawbacks upon your Treasury. The case present¬
ed by the Memorialist is one which has the appearance of
hardship, from the fact that the lots sold, in most cases for
less money than the amount of the grant fees each. Your
Committee have thought it appropriate to withhold the re¬
commendation of any course to be pursued, but for the
purpose of facilitating the labors of the Senate in arriving
at a just conclusion in referrenceto the question, propose
to bring their attention to the various Acts under which
sales have been made.
The first Act providing for the sale of lands was an Act
" to dispose of the residue of lands heretofore reserved
for the use of the State," assented to 22d December, 1827 j
the 6th section of that Act provides, that when the last in¬
stalment is paid, agreeable to the face of said certificate
given by the Commissioners aforesaid, it shall be the duty
of His Excellency the Governor, to cause a grant or
SENATE. 505
grants to be made out in the name of the holder of said
certificate ^ agreeable to the laws now in force regulating
grants, which grant shall be given to the ho!der or holders
of said certificates on his or her paying the sum of four
dollars and fiity cents into the Treasury of this State for
office fees. J
These lots were originally sold under the provisions of
the Act referred to above. Books containing a list of the
lots sold with the purchasers name, the amount bid for
each lot, the amount paid, and the amount of the several
instalments to be paid on each lot, were returned by the
Commissioners to the Treasury office. By the second sec¬
tion of the Act of establishing the Central Bank, their
books with other evidence of debt were turned over as part
of the Capital Stock of the Bank. By the tenth section
of an Act of 1S29 amending the act establishing the Cen¬
tral Bank, the President and Directors of the Central
Bank, were directed to sell all lands which have been
or may hereafter be forfeited to the State. This Act stip¬
ulated no grant fe j, a number of lots were sold and grants
issued for which the fee of $4.50-100 was paid under an
Act to alter and amend the 10th section of the Act of
1829. The President and Directors of the Bank were re¬
quired to sell all lands heretofore sold and which have been
forfeited to the State, this law was passed in 1833, it made no
mention of grant fees, under this law the petitioner held
his certificates the instalments all being paid. By an Act
assented to 30th December, 1847, to declare certain lands
in the county of Ware, forfeited to the State, and to pro¬
vide for the disposing of the same, all the lands in the
county of Ware sold under the Act of 1833, which had
not been paid for and duly granted, according to said Act
were from and after the passage of the Act declared and
held to be forfeited to the State, and upon the passage of
this law, the memorialist holding the certificates, all the
instalments being paid in, presented them to the Governor,
the Governor, of course, informed him that by the provi¬
sions of the law of 1847, his lands were forfeited ; seeing
that that law was likely to work an oppression upon a
number of citizens, the Governor determined to postpone
the execution of its provisions until another session of the
Legislature, informing purchasers that they could deposit
the grant fees or the certificates with the Treasurer to await
the action of a future Legislature.
But the memorialist sets forth and shows that the 1st of
July, 1848, was the time limited to him, as he applied be¬
fore the Governor suspended the law till the meeting of
the next session of the Legislature. The memorialist ob¬
tained his grants on the 15th of June, 1848, oip one hun¬
dred and seventy-six lots for which he paid four dollars
508
JOUBWAL OP THH
per grant. By an Act, assented to, January 26th, 1850,
the Governor is directed to cause grants to be issued to
the bona fide owner of any square lot or fraction which
was suspended from the operation of the Act of 30th De¬
cember, 1817, upon said owner depositing with the Treasu¬
rer the grant fee therefor. The memoriolist prays the
amount paid for grant fees to be refunded, because the Act
of 1833 was silent upon the subject of grant fees, and be¬
cause the Supreme Court has decided in a case where a
grant had issued under a subsequent sale that the certifi¬
cate under the first sale was sufficient title the question thus
presented is this, whether having received payment for a
supurfluity or accumulating of title under the above circum¬
stances, the State will refund the money so received.
Governor Towns in ascertaining what fees to charge was
necessarily compelled to have referrence to the original
law, putting these lands in the market which placed the
grant fee at $4.50-100, as he granted these lands before the
passage of the Act of 1850.
Mr. Simmons from the Committee on Enrollment, re¬
ports as duly Enrolled, signed by the Speaker of the House
of .Representatives and ready for the signature of the
President of the Senate:
An Act to legalize the acts of certain Clerks of the Su¬
perior Courts, Inferior Courts and Courts of Ordinary of
this State.
Also, an Act to alter and amend an Act to incorporate
the city of Rome, passed the 9th of December, 1847.
Also, an Act to alter and fix the time or holding the
Superior Courts in the Southwestern Circuit, and to change
the time of holding the Inferior Courts in the counties of
Sumter and Lee, and to require the Judge of said Circuit
to hold Court two weeks in Sumter and JLee at each term
of said Court if the business is not disposed of in a short¬
er period, and to draw two panels of Grand and Petit Ju¬
rors in said counties of Sumter and Lee, and to legalize
the adjourned term of Decatur, Early and Baker Superior
Courts, and to change the time of holding the fall term of
the Superior Court in the county of Stewart.
Also, an Act to prevent the driving of any horned cattle
or cattle of the cow kind, from Pickens and Anderson dis¬
tricts in South Carolina, or any other places that may be
infected with the distember, into the county of Rabun, and
to prohibit the driving such cattle and oxen from 6aid
county to distempered places, and then driving the same
back to said county, between the 15th day of May and the
15th day of October, in each year, and to prevent the dri¬
ving ot cattle from Alabama to Floyd county in the sum¬
mer season, and that the provisions of this Act shall ex¬
tend to the county of Union.
SENATE. 507
Also, an Act to incorporate the town of Calhoun, in the
county ot Gordon.
Also, an Act to incorporate the Georgia Mechanical and
Manutactural Institute in the city of Macon, and to confer
certain privileges upon the same.
Also, an Act to add an additional section to the tenth
division of the Penal Code of this State.
_Also, an Act to incorporate the Clarkesville and Tugaloo
Rail or Plank Road.
Also, an Act to refund to Ira Sunburn, of Decatur
county, a certain sum of money, therein named.
Also, an Act to allow Nathaniel Smith, of Hall county,
to ask and receive tolls for the use of his bridge across the
Chattahoochee river, near the Shallow Ford in said coun¬
ty, and to authorize Cornelius D. Terhune and George
W. Tumlin, to construct a bridge across the Etowah riv-,
er, on their own lands, in Cass county, and t® eharge and
collect tolls from persons crossing the same.
Also, an Act to repeal a portion of the Act to compen¬
sate Petit Jurors in the county of Hancock.
Also, an Act for the relief of William C. Dun, Tax Col¬
lector of Jasper county.
Also, an Act to extend the time for purchasers of frac¬
tions and square lots of land, sold under the provisions of
an Act, assented to, 30th December, 1817 ; to authorize
the Governor to appoint fit and proper persons to sell and
dispose of the undrawn lots in the land and gold lotteries
heretofore had in this State," and to limit the time for
fraction purchasers to pay for and take out grants for frac¬
tions, to pay for and grant the same under certain condi¬
tions.
Also, an Act to change the line between the counties of
Baker and Randolph, so as to include lot of land, No. 10,
in 3d of Baker, in Randolph county.
Also, an Act for the relief of the Receiver of Tax Returns
for the county of Washington.
Also, an Act for the relief of Levi S. DeLyon and Ash-
er Ayres, and to authorize the Governor to draw his war¬
rant on the Treasury in their behalf for the amount star
ted.
Also, an Act to extend and define the corporate limits of
the town of Newnan, m the county of Coweta, to provide for
the election of Intendant and Commissioners for the same, to
define their powers, and tor other purposes therein named.
Also, an Act to incorporate Euharleyville, in the county
of Cass.
Also, an Act to prohibit the sale of deadly weapons, and
to prescribe the manner of carrying the same, and to pun¬
ish for a violation ot the same 5 and to repeal an Act en¬
titled an Act to guard and protect the citizens of this State
508 JOURNAL OF THB
against the unwarrantable and too prevalent use of deadly
weapons, assented to the 25th day of December, 1837.
Also, an Act to amend an Act relative to gurdians of
minors receiving and recovering property belonging to
their wards," assented to 25th of December, 1837.
Also, an Act to change the line of the Western and At¬
lantic Railroad, so as to run through the town of Cassville.
Also, an Act to provide means for the equipment, con¬
struction,and repair of the Western and Atlantic Railroad,
and to pay off the existing liabilities of the same.
Also, an Act to compel the Clerks of the Superior and
Inferior Courts and the Courts of Ordinary of the several
counties in this State to buy a seal of office for each of
said Courts-.
Also, an Act to separate the offices of Tax Collector and
Receiver of Tax Returns for the county of Dooly.
Also, an Act to amend the 15th section of the 9th divi¬
sion of the Penal Code, as to service of summons upon per¬
sona guilty of forcible entry and detainer, in certain cases.
Also an Act -to amend an Act) to permit all the specie pay¬
ing solvent Banks of this State, to issue bills of a de¬
nomination less than five dollars, assented to December
27th, 1842.
Also, an Act to repeal an Act entitled an Act to compen¬
sate petit Jurors of the Superior and Inferior Courts, so
far as regards the county of Camden, assented to 21st De¬
cember, 1835.
Also, an Act for the relief of the estate of James Mapp,
deceased of Green county, and James T. Humphries of
DeKalb county.
no. 44,13th District of Jones county to the county of Jasper.
Also, an Act to amend an Act entitled an Act to in¬
corporate Concord Church in the county of Tattnall, ap¬
proved, February 5th 1850, so far as relates to the name
of said Church.
Also, an Act to incorporate Newnan Female College.
Also, an Act to repeal an Act, approved, December
29th, 1847, entitled an Act to alter the lime between the
counties of Jones and Jasper, so as to add a part of lot,
Also, an Act to change the line between tbe counties
of Telfair and Appling so as to include the residence of
Washington Nelson, of the connty of Telfair to the coun¬
ty of Appling, and to change the line between the coun¬
ties of Fulaski and Telfair.
Also, an Act to indemnify Seaborn Jones for loss sustain¬
ed by him in consequence of the State selling him a frac¬
tional lot of land to which it had no title.
Also, an Act for the relief of Daniel Hicks, Edward H.
Garrett, John R. Scurry, and Joseph Reeves.
Also, an Act to incorporate Brownwood University lo-
SENATE. 509
cated in Troup county, and to confer powers on tlie same,
and to incorporate the Presbyterian Church in the town of
Marietta.
Also, an Act to incorporate the Zebulon Branch Pailroad.
Also, an Act to reduce the official bond of the Sheriffs
hereafter to elected in the county of Bryan form the sum
ot ten thousand dollars to the sum of five thousand dollars.
Also, an Act to authorize certain persons therein named
to clear out and improve the navigation of the Chattahoo¬
chee River above the Western and Atlantic Railroad, and
for other purposes therein named.
Also, an Act to appoint certain persons hereinafter named,
commissioners, and to authorize said persons to obstruct a
portion of the channel of the river Canoochee, in the
county of Bryan, at their own expense, for the protection
and safe keeping of the timber, or such rafts of timber that
may be carried down said river for market, by any person
or persons who may hereafter be engaged in the timber
business, upon the waters of the said river Canoochee.
Also, an Act to alter and change the district line between
the 959th district and the Centrevillage district, in the
county of Camden.
Also, an Act to alter and change the line between the
counties of Macon and Crawford, so as to add to and in¬
clude within the county ot Macon, lots number 122 and
137 of the eighth district of originally Houston now Craw¬
ford county; also, to alter and change the line between
the counties of Pike and Spalding.
Also, an Act to remove an election precinct in the coun¬
ty of Talbot.
Also, an Act to prescribe the manner in which the
Laws of this State shall be printed and published.
Also, an Act compelling the Tax Receivers and Collec¬
tors of tb.e counties of Coweta, Early and Fayette, to visit
the house or houses of all widows in said counties before
returning them as defaulters.
Also, an Act for the relief of James Newton, of Jasper
county.
Also, an Act to provide for the election of all the Judges
of the Superior Courts, by the free white people of the
State of Georgia, and for other purposes therein named.
The following message was received from the Ilouse of
Representatives by Mr. Sturgis their Clerk :
Me. President : The House of Representatives have
agreed to a Resolution, appointing a. committee ot five to
join such committee as may be appointed on the part of
the Senate, and act as a Committee of Conference in rela¬
tion to the amendments of the Senate to the following bills
of the Ilouse of Representatives, to-wit :
A Biil to appropriate money to improve the navigation
610
JOTTBNAL OV THB
of the Altamaha, Ocmulgee and Oconee Rivers, and to ap¬
point Commissioners for the same.
A Bill for the relief of William G. Jacobs, of Gvrin-
nett, and Adaline E. Waller, of Troup county.
A Bill to prescribe the mode of compensating the
Jurors of the buperior and Inferior Courts of the counties
of Lumpkin, Habersham and Murray.
A Bill to amend an Act entitled an Act to amend an
Act to incorporate the South-Western Railroad Company
with power to extend branches, &c., and have appointed
as a Committee on their part, Messrs. Seward, Thurmond,
Clark, of Oglethorpe, Irwin, of Wilkes and Chastain.
On motion of Mr. Knight, the message was taken up,
and Messrs. Moore, Bethune, Tumlin, Knight and Calhoun,
were appointed a Committee of Conference on the part of
the Senate.
And on motion of Mr. Hay, the Secretary was directed
to inform^ the House forthwith of the same.
Mr. Moore made the following Report:
The Joint Committee of Conference to whom was re¬
ferred the amendments of the Senate to certain bills of
the House, to which the House had disagreed, and on
which the Senate have insisted, have had the same under
consideration and recommend that the Senate recede from
its amendment to the Bill to appropriate money to improve
the navigation of the Altamaha, Oconee and Ocmulgee
Rivers, and to appoint Commissioners for the same, and
that the House concur in the amendments of the Senate
to their Bills.
On motion of Mr. Moore, the Report was taken up and
agreed to, and the Secretary was directed to inform the
House forthwith of the same.
On motion, the Senate adjourned until half-past nine
o'clock Monday morning.
MOKDAY, January 12,185S.
The Senate met pursuant to adjournment.
Mr. Connelly moved to reconsider so much of the Jour¬
nal of Saturday as relates to the rejection of an appropria¬
tion of $500 for the pay of a Beputy-Clerk at the Su¬
preme C( urt. %
On which motion the yeas and nays were required to
to be recorded, and are—yeas 25, nays 19.
Those who voted in the affirmative, are Meeera.
SENATES. 5H
Anderson, Farris, Lawaon,
Bethune, Flournoy, McCune,
Bryan, Foster, Moore,
Burks, G"ggs, Simmons,
Calhoun, Hardeman, Slaughter,
Coffee, Harman, Tomlinson.
Connelly, Hicks, Tumlin,
Crocker, Knight, Walthour.
Bay,
Those who voted in the negative are Messrs.
Beavers, Harris, . Stroud,
Butler, Little, Watters,
Philip M. Byrd, McRae, Wellborn,
Chappell, Mosely, Wilcox,
Cone, Reed, Wolfe,
Dickinson, Ross, Wright.
" Flewellen,
So the motion to reconsider prevailed.
Mr. Knight moved to reconsider so much of the Jour¬
nal of Saturday as relates to the adoption of the Resolu¬
tion fixing the time for the adjournment of the Legislature,
sine die, on Saturday, the 17th instant. |
On which motion the yeas and nays were required to
be recorded, and are—yeas 26, nays 19.
Those who voted in the affirmative, are Messrs.
Anderson, • Connelly, Knight,
Beavers, Crocker, Lawson,
Bethune, Day, McCune,
Burks, Farris, Moore,
. Butler, Flournoy, Slaughter,
John L. Bird, Foster, Walthour,
Calhoun, Griggs, Watters,
Coffee, Hardeman, Wright.
Cone, Harman, #
Those who voted in the negative, are Messrs.
Bryan, Little, Stroud,
Philip M. Byrd, McRae, Toinlinson,
Chappell, Mosely, Tumlin,
Dickinson, Reed, Wellborn,
Flewellen, Rosa, Wilcox,
Harris, Simmons, Wolfe.
Hicks,
So tho motion to reconsider prevailed.
512 JOURNAL OF THE
The following message was received from the House of
Representatives by their Clerk, Mr. Sturgis :
Mr. President: The House of Representatives has
passed the following bills, to-wit:
A Bill to change the time and place of holding the Su¬
preme Court of the State of Georgia in the second Su¬
preme Court Judicial Circuit.
Also, a Bill to appropriate money for making useful
and necessary improvements in connection with the Luna¬
tic Asylum.
Also, a Bill for the pardon of Kinchen P. Boon, now
confined in the Penitentiary for life for the crime of mur¬
der.
Also, a Bill to incorporate the Talbotton Railroad Com-
pany.
Also, a Bill to incorporate the Columbus and "West Point
Railroad and Plank Road Company, and to punish per¬
sons for violating the same.
Also, a Bill to incorporate the Fire Company of the
city of Rome, to be known by the name and style of the
Oostanaula Fire Company, Ho. 1, and for other purposes
therein named.
Also, a Bill to incorporate certain Churches, Camp
Grounds, Academies, Masonic Lodges, Odd Fellows
Lodges, Divisions of Sons of Temperance, and other asso¬
ciations. and for. other purposes therein named.
The House of Representatives have agreed to a Reso¬
lution to appoint a committee of five to confer with a com¬
mittee to be appointed by the Senate, and fix upon a day
for both Houses to adjourn sine die. The committee ap¬
pointed on the part of the House are Messrs. Mobly, Price,
Harper, Tift, and Latimer of Cobb.
To which they ask the concurrence of the Senate.
Mr. Moore, from the Joint Committee on the Peniten¬
tiary, made the following Report:
The Joint Committee on the Penitentiary beg leave to
report, that in the discharge of the duties required of
them, they have endeavored to investigate the condition
of the Penitentiary, and to inform themselves fully of its
true situation; but in consequence of the great labor
necessary to attain an end so desirable, and the short time
allowed your committee from other Legislative duties to
devote to that object, together with the means they wTere
compelled to resort to in order to ascertain its indebted¬
ness, it is not to be expected they have procured all the
information necessary to enable them to report with exact
accuracy the true financial condition of the Institution.
At an early stage of their investigations, the committee
required of Mr. 1ST. B. Juhan, Inspector, a catalogue of
the names of all the creditors of the Penitentiary, and the
BWTATJB. 515
amount due each. In compliance with that requisition ho
furnished prompily to the committee a statement of the
debts due by the Penitentiary contracted by himself as
Inspector, since the 1st day of August, 1850, (that being
the day he went into office,) and stated to the committee
(which statement was verified by examination) that prior
to his taking, charge of the Inspector's books, no reliable
account was kept, even of the debts contracted by the
Inspector himself, much less of the general indebtedness
ot the Institution; and that, in consequence thereofj he
could not give the information sought. Your committee
deeming it important to asceitaiu, if possible, the amount
of claims against the Penitentiary, and having tailed to
do so from the Inspector, where the same should properly
have been had, with the hope of arriving at something
like its real liabilities, resorted to a publication of notice
to the creditors of the Institution requesting them to re¬
port to the committee by the 10th day of December last,
the amounts of their respective claims; under which
notice, claims from various persons against the Peniten¬
tiary (in all, amounting to the sum of three thousand eight
hundred and forty-six dollars and thirty-five cents, $3,846
35, over and above what were reported by the Inspector)
have been presented to your committee. What amount
is yet behind unpresented, they cannot conjecture. It
is but justice to Mr. N. B. Julian to say, that after he be¬
came '= he Inspector his books were kept in a style of neat¬
ness quite creditable to him.
Your committee also made a careful examination of the
books and vouchers of Major H. J. G. Williams, book¬
keeper, and found them kept in a style of neatness and
correctness highly creditable to him, and; the entries pre¬
cisely corresponding with the vouchers. They also re¬
quired of Major Williams a list of the names of the debt¬
ors, and amounts due by each to the Penitentiary, and to
mark on said list such as were insolvent or uncollect able
(the object being to ascertain the reliable assets) and also
to report the amount due by the Penitentiary on pay rolls
on the 5th January, 1852, from which report and list, and
that of the Inspector, together with ^ the claims presented
by creditors, your committee submit the following to be
the financial condition of the Penitentiary up to the 5th
instant, exclusive of the debt ot two thousand nine hun¬
dred dollars, recently contracted for pork to teed the con¬
victs the present year, to-wit:
Debts on notes and accounts due to Peniten¬
tiary, ----- $28,069 05
Insolvent and uncollectable, - - - 12,272 93
-83°
514: JOtTIiNI^L OF THB
Leaving as probably collectable, though by no
means at present available, the sum of ■
Debts due by Pouitentiary as reported by N
B. Julian, Inspector,
Presented to committee by creditors,
Due on pay roll 5th January, 1852, -
15,798 12
8,851 57
8,846 35
5,290 89
Amounting in all to the sum of 17,938 81
And leaving a balance against the Penitentiary (sup¬
posing all the debts now considered good shall prove to
be so, but which your committee have no idea will be the
case) of two thousand one hundred and ninety-two dollars
and sixty-nine cents ($2,192 69) exclusive of the debt for
pork above spoken of.
Your committee report the building and yards to be in
very bad condition. The workshops, cell and tan-yard
buildings all need recovering; the lirst named especially
in its present situation, is daily in great danger of taking fire.
Your committee believe it would be wise economy to cover
all the buildings mentioned with tin, and so recommend.
They alse recommend that such additions be made to the
tan-yard building as will be suitable for the manufacturing
of boots and shoes, the shops now used for that business
being wholly unfit.
In the anticipation that the General Assembly would
carry out the recommendations of your committee, they
herewith submit the probable cost fi.r repairing the build¬
ings, and the fence around the Penitentiary Square, as
estimated by a very intelligent and experienced mechanic,
and recommend the appropriation of that amount of
money to accomplish the same, to-wit:
Por covering work shops and tan-yard building $2,182 00
Material for additions to tan-yard buildings, - 420 00
Covering cell building, - - - 600 00
And material for repairing fence around Peni¬
tentiary square, ... - 400 00
Amounting in all to the sum of - $8,602 00
Your committee examined and took an inventory of the
manufactured articles and raw material on hand. They
found a large proportion of the former marked at price3
greatly above their real value ; and of the latter a large
portion, almost worthless, especially the timber under the
8'ieds outside of the wall, which they consider is of no
vdue whatever, except as fire-wood for the engine and
recommend it to be used for that purpose. & '
On the 5th instant there were on hand manufactured
BiOfJLTH- $15
•rticlea at marked prices amounting to the gum of three
thousand nino hundred and eighty-two dollars and fifty-
nine cents ($3,982 50), a great many of which hare been
♦n hand a long time, and are now greatly depreciated in
value; the whole in all probability will never be sold for
but little, if any more than half that sum, and in order
that a sale of them may be rendered probable; your
committee recommend to the principal keeper to reduce
the price of all such articles, and that the book-keeper sell
them in such manner as in his opinion, and that of the
principal keeper, will boat promote the interest of the
Institution.
There is on hand of raw material including everything
in and outside of the wall, eight thousand three hundred
and sixty-nine dollars and thirty-six cents worth, a large
portion of which is composed of articles that will not for
a long time, if ever, be profitably used.
Predicating their recommendation upon the facts that
the already ascertained debt of the Penitentiary to various
creditors (exclusive of the debt of for pork) is
but a fraction less than eighteen thousand dollars, some of
whom have for years, in vain, been asking payment of
their just debts, that the Institution is at this time without
money and without credit; that if all its solvent assets
could now be collected, they are entirely inadequate to
discharge its liabilities; that upon the repairs suggested
depends the preservation of the property ; that there is
great insufficiency of raw material for profitable employ¬
ment of the convicts, and that justice to creditors and the
credit of the State demands prompt payment of its liabili¬
ties ; your committee recommended that the sum of
eighteen thousand dollars for the payment of the debts,
and the sum of twelve thousand dollars for the repairs
suggested, and to purchase the necessary material for the
use of the Penitentiary, be appropriated by this General
Assembly.
Your committee considered it a part of their duty to
examine into the circumstances connected with the recent
escape of four of the convicts, and other alleged abuses,
and for that purpose examined a number of persons under
oath, caused their testimony to be reduced to writing, and
think it advisable to preserve the same by depositing it
with his Excellency the Governor.
Prom that testimony your committee are satisfied, to
say the least of it, that said escape originated in a great
want of foresight upon the part of the principal keeper, in
permitting a large sum of money to go into the possession
of one of the escaped convicts, and was effected through
the inexcusable (if not criminaj) negligence of the guard
on duty at the time.
S16
jomsurxx or -nt*
Your eommittee also learned from the testimony, that
for some time previous to said escape, a convict named
James Hewett had not been locked in his cell at night.
Considering such indulgence dangerous, they here express
their decided disapprobation of any such liberty being al¬
lowed a convict.
They also from the same source learned, that for several
years past officers of the Penitentiary have been in the
habit of feeding and raising their individual stock upon
provender belonging to the Institution, and of using the
wood of the establishment for their individual purposes.
If these things be true, such conduct is (to U6e the mildest
appellation) very reprehensible, and should at once be
ncluding their Report, your committee are con¬
strained to say that they have in vain searched for the
profit of $23,230 61 of the last four years, claimed by the
principal keeper in his Report, and are bound to believe
that such profit exists on paper only, and regret to 6ay
that the general appearance of the establishment, instead
of indicating prosperity, is impressively indicative of ruin,
dilapidation and decay.
Your committee recommend the adoption of the follow¬
ing Resolution, to-wit:
Resolved, That the Governor be and he is hereby au¬
thorized to procure and employ a competent mechanic to
aid and superintend the making of passenger and freight
cars for the use of the Western and Atlantic Railroad,
and that the Governor be authorized to make convicts of
the Georgia Penitentiary work under the supervision of
said superintendent mechanic in making railroad cars as
aforesaid.
On motion,of Mr. McCune, fifty copies of the Report
were ordered to be printed for the use of the Senate.
On motion of Mr. Foster, the Report heretofore made
by the Committee on the Judiciary, in relation to the me¬
morial of the Legislature of Tennesee,
Was taken up and agreed to.
Mr. Foster, from the Committee on the Judiciary, re¬
ported back to the Senate the bill to more effectually pre¬
vent the furnishing of intoxicating liquors to and the use
of the same by slaves, with amendments.
On motion of Mr. Reed, the Senate took up and con¬
curred in the following Resolution of the House :
Resolved, That a committee of five be appointed by
the House to confer with a committee of the Senate, and
fix upon a day for both Houses to adjourn sine die.
And Messrs. Flewellen, Reed and Day were appointed
a committee on the part of the Senate.
On motion of Mr. Slaughter, the Senate took up the
SENATE. 517
special Order of the Day, which was the message from the
House of Representatives in relation to the substitute by
way of amendment adopted by the Senate for the bill of
the House of Representatives "for the Government and
Management of the Western and Atlantic Railroad," to
which the House of Representatives had disagreed.
Mr. Reed moved that the Senate recede from its amend¬
ment.
Mr. Walthour moved the previous question.
Which was seconded.
And on the question, "Shall the main question now be
put?" the yeas and nays were required to be recorded,
and are, yeas 21, nays 23.
Those who voted in the affirmative, are Messrs.
Anderson, Farris, Moore,
Burks, Hardeman, Reed,
P. M. Byrd, Hicks, Slaughter,
Calhoun, Knight, Tomlinson,
Chappell, Lawson, Tumlin,
Coffee, Little, W althour,
Crocker, McRae, Watters.
Those who voted in the negative, are Messrs.
Beavers, ■ Dickinson, Ross,
Bethune, Flewellen, Simmons,
Bryan, Flournoy, Stroud,
Butler, Foster, Wellborn,
John L. Bird, Harman, Wilcox,
Cone, Harris, Wolfe,
Connelly, McCune, Wright.
Day, Mosely,
So it was decided that the main question should not
now be put.
On motion of Mr. Reed, the Senate took up, as the Re¬
port of the Committee of the Whole, the bill of the House
of Representatives to appropriate money for the support
of the Government for the political years 1852 and 1853.
Mr. Bethune moved to amend by adding the following
as an additional section :
That the sum of five hundred dollars be appropriated
for the payment of a Deputy Clerk of the Supreme Court
of the State, as authorized to be appointed by law.
On which motion, the yeas and nays were required to
be recorded, and are yeas 23, nays 21.
Those who voted in the affirmative, are Messrs.
34
518 JOURNAL OF TUB
Anderson, Day, Lawson,
Bethune, Flewellen, McCune,
Bryan, Flournoy, Moore,
Burks, Foster, Simmons,
John L. Bird, Hardeman, Slaughter,
Calhoun, Harman, Tumlin,
Connelly, Hicks, Walthour.
Crocker, Knight,
Those who voted in the negative, are Messrs.
Beavers, Farris, Stroud,
Butler, Harris, Tomlinson,
Philip M. Byrd, Little, Waiters,
Chappell, McRae, Wellborn,
Coffee, Mosely, Wilcox,
Cone, Reed, Wolfe,
Dickinson, Ross, Wright.
So the motion was agreed to.
Mr. Calhoun moved to amend by adding the following
as an additional section :
And be it further enacted, That the sum of twenty five
thousand dollars be and the same is hereby appropriated,
to be used as a compensation for the taking of the census,
or enumeration of all free white persons and people of
color in this State for the present year, or so much thereof
as may be necessary.
Which was agreed to.
Mr. Harman moved to amend by adding the following as
an additional section:
Be it further enacted, That his Excellency the Gover¬
nor be and he is hereby authorized to draw his warrant
on the State-Treasurer in favor of Thomas Taylor for the
sum of three hundred and fifty-two dollars, the same being
an over-payment for grant fees on land in Ware county.
Which was lost.
Mr. Moore moyed to amend by adding the following as
an additional section :
Be it further enacted, That the sum of eighteen thou¬
sand dollars or so much thereof as may be necessary be
and the same is hereby appropriated to pay the debts of
the Penitentiary, contracted prior to the fifth day of Janu¬
ary, 1852.
Mr. Simmons moved to amend the amendment by strik¬
ing out the word " eighteen," and inserting in lieu thereof
the word " seven."
On which motion the yeas and nays were required to bo
recorded, and are, yeas 16, nays 25.
Those who voted in the affirmative, are Messrs.
SENATE. f>19
Bryaa, Harris, Slaughter,
Butler, McCune, Stroud,
Pb lip M. Byrd, McRae, Wellborn,
Day, Reed, Wolfe,
Dickinson, Simmons, Wright.
Hardeman,
Those who voted in the negative, are Messrs.
Anderson, Cone, Lawson,
Beavers, Connelly, Little,
Bothune, Crocker, Moore,
Burks, Farris, Mosely, v
John L. Bird, Flournoy, Ross,
Calhoun, Foster, Tomlinson,
Chapped, Griggs, Tumlin,
Coffee, Jlicki, W a 11 hour.
So the motion to strike out and insert did not prevail.
The question recurred on receiving the amendment.
Oa which motion, tho yeas and nays were required to
be recorded, and are—yeas 25, nays 15.
Those who voted in the affirmative, are Messrs.
*
Anderson, Farris, Moore,
Bethune, Flournoy, Mosely,
Burks, Foster, Reed,
John L. Bird, Griggs, Ross,
Calhoun, Hardeman, Tomlinson,
Chappell, Hicks, Tuinlin,
Coffee, Lawson, Walthour,
Crocker, Little, Wellborn.
Dickinson,
Those who voted in the negative are, Messrs.
Beavers, Day, Simmons,
Bryan, Harman, Slaughter,
Butler, Harris, Stroud,
Philip M. Byrd, McCune, Wolfe,
Cone, McRae, Wright.
So the amendment was received.
Mr. Moore moved to amend by adding the following as
an additional section :
Be it further enacted, That the sum of twelve thousand
dollars, or so much thereof as mar be necessary, be and
520 JOUBNAL OP THB
the same is hereby appropriated to repair the Peniten¬
tiary Buildings, the fence around the Square, and to pur¬
chase material for the Institution.
Mr. Simmons moved to amend by striking out the word
" twelve," and inserting in lieu thereof the word " five."
The question was divided, and the motion to strike out
was agreed to.
Mr. Moore moved to fill the blank with " eight."
Which was lost.
Mr. Simmons moved to fill the blank with " five."
Which was agreed to.
The question recurred upon receiving the amendment
as amended.
On which motion, the yeas and nays were required to
be recorded, and are yeas 30, nays 15.
Those who voted in the affirmative, are Messrs.
Anderson, ' Parris, McBae,
Bethune, Flewellen, Moore,
Burks, Plournoy, Mosely,
John L. Bird, Poster, Boss,
Calhoun, Griggs, Simmons,
Chappell, Hardeman, Slaughter,
Coffee, Hicks, Stroud,
Connelly, Knight, Tumlin,
Crocker, Lawson, Walthour,
Dickinson, Little, Wilcox.
Those who voted in the negative, are Messrs.
Beavers, Tomlinson,
Bryan, Harman, W: iters,
Butler, Harris, Wellborn,
Philip M. Byrd, McCune, Wolfe,
Cone, Beed, Wright.
So the amendment, as amended, was received.
Mr. Hardeman moved to amend by adding the follow¬
ing as an additional section :
Be it further enacted, That' his Excellency the Gover¬
nor be and he is hereby authorized and directed to draw
his warrant on the Treasurer for five thousand' dollars, in
favor of the Trustees of Franklin College, to be appropri¬
ated by them to the building of a lecture room and muse¬
um, said appropriation having been asked for by the Sena¬
tes Academicus at its session in November last.
Mr. McCune moved to amend the amendment bv add-
ng the following words :
SHNATB. 521
" Also, five thousand dollars to Emory College, Ogle¬
thorpe University and Mercer University, each."
On which motion the yeas and nays were required to
be recorded, and are yeas 4, nays 39.
Those who voted in the affirmative are Messrs.
Beavers, McCune, Wright
Bryan,
Those who voted in the negative, are Messrs.
Anderson, - Dickinson, McBae,
Bethune, Farris, Moore,
Burks, Flewellen, Mosely,
Butler, Flournoy, Heed,
John L. Bird, Foster, Boss,
Philip M. Byrd, Griggs, Simmons,
Calhoun, Hardeman, Stroud,
Chappell, Harm an, Tomlinson,
Coffee, Harris, Tumlin,
Cone, Hicks, Walthour,
Connelly, Knight, Watters.
Crocker, Lawson, Wellborn,
Day, Little, Wilcox.
So the motion was lost.
The question recurred upon receiving the amendment.
On which the yeas and nays were required to be record¬
ed, and are, yeas 13, nays 29.
Those who voted in the affirmative, are Messrs.
Anderson, Hardeman, Simmons,
Burks, Lawson, Stroud,
John Bird, Moore, Tumlin,
Chappell, Beed, Walthour.
Foster,
Those wh o voted in the negative, are Messrs.
Beavers, Crocker, Harris,
Bethune, Day, Si(J8'
Bryan, Dickinson, McCune,
Butler, Farris, McBae,
Pnilip M. Byrd, Flewellen, Mosely,
Calhoun, Flournoy, J;088',.
Coffee, Griggs, Slaughter,
Cone Harman, Tomlinson,
522
Watters,
"Wellborn,
JOUXXAL OP TUB
Wilcox,
Wolfe,
Wright.
So the amendment was not received.
Mr. Bethune moved to amend bj adding the following
as an additional section :
Be it further enacted, That the sum of ten dollars be
appropriated to pay to Hon. B. B. Moore, Chairman of
Committee on Penitentiary, being the amount paid by
him to Savannah Republican and Augusta Constitution¬
alist for advertising to claimants against Penitentiary to
present their claims.
Which was agreed to.
Mr. Hardeman moved to amend by adding the follow¬
ing as an additional section :
Be it further enacted, That the sum of thirty-five hun¬
dred dollars, or so much thereof as may be necessary, to
pay Thomas R. R. Cobb for copies of his new Digest, pur¬
chased under authority of a Resolution passed by the pre¬
sent Legislature.
Which was agreed to.
Mr. Bethune moved to amend by adding the following
as an additional section :
Be it further enacted, That the sum of three hundred
and one dollars be appropriated for James R. Butt6, late
Surveyor-General, it being the amount paid by him for
clerk bill during the session of 1849 and 1850, and for
recording plots in 1850 and 1851.
Which was agreed to.
Mr. Wellborn moved to amend by adding the following
as an additional section :
Be it further enacted, That the sum of twenty-two dol¬
lars and fifty cents be appropriated to the payment lor
services rendered by John Cutchen (of Union county) as
Drum Major for the Yth Division of G. M. for the year
1850, and that J. P. Wellborn be authorized to receive
/and receipt for the same.
Which was agreed to.
Mr. Bethune moved to amend by adding the following
as an additional section :
And he it further enacted, That the sum of fifty dollars
be appropriated to pay. B. F. Dense for his attention to
and lighting the chandeliers in the Senate and Represen¬
tative Chambers.
Which was agreed to.
Mr. Watters moved to amend by adding the following
as an additional section :
Be it further enacted, That the sum of eight Imndrcd
dollars ($800) be appropriated for the purpose of building
BENATE. 523
an Academy in the county of Gordon, and the Governor
"be and is hereby authorized to pay the same to the Trus¬
tees of the Academy at Calhoun, Gordon county, Georgia.
Mr. Knight moved to amend by adding the counties
Clinch, Spalding, Paulding, Polk and Whitfield.
Which was agreed to.
The question recurred on' receiving the amendment.
Which was lost.
Mr. Foster moved to lay the Report on the table for the
present.
Which was lost.
On motion of Mr. Cone the seventh section of the Re¬
port was recommitted to the Committee of the Whole.
And on reading the following part of the section :
" The sum of six dollars each per day to the Secretary
and Assistant Secretary, of the Senate, the Clerk and As¬
sistant Clerk of the House of Representatives, and the
sum of eight dollars per day be paid jto the Journalizing
Clerk of the House of Representatives during the present
session.
Mr. McCune moved to amend by striking out the word
" six " and insert " seven."
Which was agreed to.
Mr. Cone moved to amend by inserting after the words
"Journalizing Clerk of the House of Representatives,"
the words " and the Journalizing Clerk of the Senate."
Which was agreed to.
The Report as amended, was agreed to.
The 13ili was read the third time and passed.
On motion, the Senate adjourned until 3 o'clock, P.M.
Three o'Clock, P. M.
The Senate met pursuant to adjournment.
The Senate took up, as the Report of the Committee of
the Whole, the bill to add an additional section to the Act
for the appointment of County Officers, approved Decem¬
ber 4th, 1799.
The Report was agreed to.
The Bill was read the third time and passed.
Mr. Hardeman laid upon the table the following Reso¬
lution :
Resolved., That the Secretary be directed to carry all
Bills, Resolutions, &c., that may be passed to the House,
so soon as they are passed, unless notice is given at the
time of a reconsideration.
Which was taken up and agreed to.
524
JOURNAL OF THB
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
extend and define the corporate limits of the town of
Greenville, in the county of Meriwether, to provide for
the election of Intendant and Commissioners for the
same, to define their powers, and for other purposes there¬
in named.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
amend an Act entitled an Act to alter and amend an Act
for the better regulation of the-town ot Monticello, in the
county of Jasper, and to extend the limits of the town of
Forsyth, and to authorize the commissioners to pay a Mar¬
shal.
And on reading the fourth section as follows :
Be it further enacted, That the corporate limits of
the town of Forsyth, in the county of Monroe, be and is
hereby extended four hundred yards in every direction,
from the present corporate boundaries, and that the Com¬
missioners of the town of Forsyth shall have power to pay
the Marshal of said town whatever in their discretion may
be necessary to procure the services of a proper officer.
Mr. Harman moved to amend by striking out all after
the words " further enacted," and before the words " that
the Commissioners."
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives
to change the line between the counties of Campbell and
Fayette, so as to include the residence of John Griffin
; nd Thomas S. Roberts, now of the county of Fayette, in
the county of Campbell.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
compensate the Grand ahd Petit Jurors in certain coun¬
ties therein named, and to provide for the payment of
the same.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the Elouse of Representatives, to
change the name of the public site in the county of
Clinch.
9HNATK. 52 Si
^ The Report was agreed to. The Bill was read the third
time and passed.
• Ihe Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives
to authorize the Treasurer of Pike county, or the Trea¬
surer of the Poor School Funds of said county, to pay
over to L. E. Stubbs, or his lawful representative, the
sum of money therein named, and to authorize the Trea¬
surer or person having control of the poor school funds to
pay over in Cherokee county to Achilles Foster, James
McDaniel, William Knox and John Holcomb, the amount
due them for teaching in the years 1850 and 1851.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives
to amend an Act entitled an Act to amend the seve¬
ral Acts now in force regulating the fees of Magis¬
trates and Constables in the State of Georgia, so far as
relates to the county of Chatham, approved December 19th,
1819, so as to include the Magistrates and Constables of
the county of Baldwin, and to provide for the collection
of the same.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to in¬
corporate the Central Female College, under the care of
the Methodist Protestant Church, Georgia District, located
in Culloden.
Mr. McCune moved to amend by adding the . following
as an additional section :
Be it further enacted, That Thomas J. Saunders, Wil¬
liam McLane, Hampton T. Dicken, Egbert P. Daniel and
David Higgins, and their successors, be and they are here¬
by declared a body corporate, by the name and style of
the Trustees of Mount Vernon Academy, in Butts county,
and they may use a common seal, and be capable of sue-
ing and being sued, pleading and being impleaded; also,
to have, take, possess and acquire by gift, grant, or pur¬
chase, lands, tenements, hereditaments, goods, chattels,
and other estates, and the same to be used for the pur¬
poses of education; and said Trustees in their corporate
character shall have the power of exercising all the cor¬
porate powers necessary for the purposes ot their incor¬
poration, that are not contrary to the laws of the State, or
the Constitution of this State or the United States.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
526 J0WRNAL OF THE
The Senate took up, a6 the Report of the Committee of
the Whole, the bill of the House of Representatives to
amend an Act entitled an Act to authorize parties to
compel discoveries at common law, and to prevent the
abuse of the same.
And, on motion of Mr. TIarman, the 6ame was referred
to the Committee on the Judiciary.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
repeal the first and second sections of an Act, approved
23d February, 1850, entitled an Act to curtail the labor
of the Clerk of the Supreme Court, and to reduce the cost
in said Court, and to authorize amendments in said Court.
And, on motion, the same was referred to the Commit¬
tee on the Judiciary.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
authorize John W. Duncan, to plead and practice law in
the several Courts of Law and Equity in this State, on
certain conditions therein named.
The Report was agreed to.
The Rill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
allow Augustus II. Anderson, and Moses P. Greene, to
erect a bridge across Ogeechee river, in Burke and Ema¬
nuel counties.
The Report was agreed to.
The Rill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives for
the relief of Thomas R. Andrews and Thomas M. Murray,
teachers of poor children of the county of Early for the years
1841, 1846, 1847 and 1848.
The Report was agreed to.
The Rill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
regulate the mode of electing Constables, in the city of
Savannah.
The Report was agreed to.
The Rill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to in¬
corporate the Sparta Hotel Company.
The Report was agreed to.
The Rill was read the third time and passed.
The Senate took up, as the Repoit of the Committee of
the Whole, the bill ot the House of Representatives
to compensate the Grand and Petit Jurors in certain
BEN ATE. 52T
counties therein named, and to provide for the payment
ot the same.
^ The Report was agreed to. The Bill was read the third
time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill ot the House of Representatives to
authorize the Governor of Georgia to issue a grant for
a certain lot ot land therein named, to Zadoclc Bonner,
upon the conditions therein named. »
The Report was agreed to.
The Bill was read the third time ; and,
On motion of Mr. Anderson, the bill was recommitted.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
amend the Road Laws of this State, so far as respects the
county of Columbia.
Mr. Connelly moved to amend by inserting " Jefferson
county." Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
repeal an Act consolidating the offices of Tax Collector
and Receiver in the county of Cherokee, and to better
provide for paying Jurors in said county.
The Report was agreed to.
The Bill was read the third time and passed.
The following Message was received from the Governor
by Mr. Paine, his Secretary :
Mb. President : The Governor has approved and signed
the following Acts:
An Act to fix and regulate the times for holding the
Superior Courts in the MaCow Circuit, and to fix the time
for holding Inferior Courts of Bibb county.
An Act to appoint the time of holding the Superior
Courts in the Blue Ridge and Cherokee Circuits of this
State, and to legalize and make valid all writs, executions
and other processes, made returnable to the Superior
Courts of the several counties in said Circuits, and for
other purposes.
Which have been deposited in the office of Secretary of
State.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
keep open, remove and prevent obstructions to the free
passage offish, &c., in the lliwassee river, from the North
Carolina line to Osborn's Mills, in the county of Union,
State of Georgia.
The Report was agreed to.
The Bill was read the third time and passed.
528 JOURNAL OF THR
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
change the name of the R&Grange Female o eG
Seminary.
The Report was agreed to
The Bill was read the third time and passed.
The Senate took up, as the Eeport of the Comm!ttee of
the Whole, the bill of the House of Representatives, to
repeal an Act to authorize the citizens of ^ n.
to elect commissioners of pilotage for the port^o »
and regulate the fees of the same, approved Janua j i
1850, and for the purpose of altering the time, mo e
manner of electing said Commissioners, and tor ot e p
poses.
The Report was agreed to.
The Bill was read the third time and passed.
On motion of Mr. Bethune. the Senate took up, as
Report of the Committee of the Whole, the Bill o i
House of Representatives to issue a grant tor a eer
lot of land therein named, to Zadock Bonner, upon
conditions therein specified.
And on reading the first section as follows:
Be it enacted, That the Governor of said btate be ana
he is hereby authorized to issue a grant to Zadock o
for fraction number two hundred and eighty-nine, in
eighth district of Carroll county, upon the sai a
Bonner paying the balance of the purchase money
under the sale of said fraction, and the grant lee ; an
all laws and parts of laws militating against this
and the same are hereby repealed. f ,
Mr. Wright moved to amend by adding thereto the fol¬
lowing proviso: fv.«
" Provided, That it shall satisfactorily appear
Governor that said lot or fraction has not been repo ■t y
the State since the date of the certificate held by sai
ner, and that the grant shall be taken out within six mo
from the passage of this Act."
Which was agreed to.
The Report as amended, was agreed to.
The Bill was read the third time and passed.
The following Bills of the House were taken up, rcaa
the second time, and referred to the Committee o
A° Bill to alter and amend the Road and Town or
village laws of this State, so far as respects the county ot
^ *lc
Also, a Bill to increase the jurisdiction of Magistrates
in the city of Macon.
Also, a Bid to hlter the time of issuing writs and processes
SENATE. 529
"by the Clerk of the Superior Court of the county of
"Wilkes.
Also, a Bill to authorize the Treasurer of the Poor School
Fund, in the county of Laurens, to pav over to William J.
Daniel and Archibald McMillan the"amount of their ac¬
counts for teaching poor children in the year 1851, in said
county of Laurens.
"Also, a B 11 to alter and straighten the line between the
counties of Jasper and Newton, so as to include the pre¬
mises-of Obadiah Fielder, A. S. Bell, Aaron Parker, Wil¬
liam Pope, S Conaway, D. M, Bell, Christopher Fincher
and Andrew G. Fincher, in the county of Newton, and to
alter the lines of other counties therein named.
Also, a Bill to repeal 60 much of an Act entitled an Act
so far as relates to the county of Walker, assented to Feb¬
ruary fourteenth, 1850.
Also, a Bill for the relief of D. T. White, of Newton
county.
Also, a Bill to change the time of holding the Superior
Courts of the county of Richmond and Inferior Courts of
the county of Chattooga.
Also, a Bill to amend an Act to provide for the Educa¬
tion of the poor, so far as the county of Twiggs is con¬
cerned.
Also, a Bill to enlarge and extend tho corporate powers
of the town of Covington.
Also, a Bill to repeal an Act entitled an Act to amend
an Act incorporating the city of Dalton, in Murray coun¬
ty, approved twenty-ninth December, 1847.
The following bills of the House were taken up and read
the first time-:
A Bill to incorporate the Columbus and West Point
Railroad and Plank Road Company, and to punish per¬
sons for violating the same.
Also, a Bill to appropriate money for making useful
and necessary improvements in connection with the Luna¬
tic Asylum.
Also, a Bill to change the time and place of holding the
Supreme Court of the State of Georgia in the second Su¬
preme Court Judicial Circuit.
Also, a Bill to incorporate the Fire Company of the
city of Rome, to be known by the name and style of the
Oostanaula Fire Company, No. 1, and to grant to them
certain privileges and exemptions, and to authorize the
Mayor and Aldermen of said city of Rome to levy and
collect a tax for the establishment and maintenance of a
Fire Department in said city.
Also, a Bill to incorporate certain Churches, Camp
Ground's, Academies, Masonic Lodges, Odd Fellows
530
JOURNAL OF TUB
Lodges, Divisions of Sons of Temperance, and other asso¬
ciations, and for other purposes therein named.
Also, a Bill to incorporate the Talbotton Railroad Com¬
pany.
Also, a Bill for the pardon of Kinchen P. Boon, now
confined in the Penitentiary for life for the crime of mur¬
der.
On motion of Mr. Bethune, the Secretary was directed
to carry forthwith to the House of Representatives the bill
of the House to appropriate money for the support of
Government for the political years 1852 and 1853.
Mr. Flewellen, from the Joint Committee appointed to
fix a day for the adjournment sine- die of the General As¬
sembly, made the following Report:
Upon conference with the Committee of the House,
your Committee are of the opinion that the General As¬
sembly may adjourn sine die on Thursday, the 22d inst.,
and recommend the adoption of the following Joint Reso¬
lution :
Resolved, That the General Assembly adjourn sine die
on the 22d day of January instant.
On motion, the Senate adjourned until half-past nine
o'clock to-morrow morning.
TUESDAY, Januaby 13, 1852.
The Senate met pursuant to adjournment.
Mr. Simmons, from the Committee on Enrollment, re¬
ported a3 duly enrolled, signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate:
An Act to change the line between the counties of Cass
and Floyd, so as to add certain lots of land therein named
to the county of Floyd, and to define the line between the
counties of Paulding and Cobb, and to define the line be¬
tween the counties of Paulding and Polk, and to change
the line between the counties of "Walker and Gordon, and
to change the line between the counties of Cass and Pauld¬
ing ; also, the line between the counties of Murray and
Gordon : also the line between the counties of Cass and
Gordon; also the line between the counties of Thomas
and Baker, and the line between Floyd and Polk, and
the line between Ware and Wayne.
Also, an Act to extend all the provisions of the Act enti¬
tled an Act to amend the several Acts now in force regu¬
lating the fees of Magistrates and Constables in the State
&bnate. 531
of Georgia, so far as relates to the county of Chatham,
and to provide for the mode pf collecting the same, ap¬
proved December 19th, 1819; and also the Act entitled
an Act to amend the several Acts relating to Justices'
Courts, so far as regards the county of Chatham, approved
December 19th, 1849, to the county of Effingham, and
the Justices' Courts, Magistrates and Constables, of said
county.
Also, an Act to alter and amend an Act entitled an Act
to provide for the Indigent Deaf and Dumb citizens of this'
State ; also, to provide for the appointment of a Commis¬
sioner, to regulate his duties, affix his salary, and to ap¬
propriate money therefor by increasing the annual appro¬
priation, a id for other purposes.
Also, an Act for the relief of James Gibson, of the
county of Wilkinson, and to authorize and require the
Governor to draw his warrant upon the Treasurer in favor
of said Gibson, or his agent, for the sum of nineteen hun¬
dred and two dollars and two cents.
On motion of Mr. Knight, leave of absence was granted
to Mr. Walthour tor a few days, on special business.
On motion of Mr. Moore, leave of absence was granted,
to Mr. Harris for the balance of the session, alter Friday
next, the 16th inst.
On motion of Mr. Ilarman, leave of absence was grant¬
ed to Mr. Butler for the balance of the session, after Sat¬
urday next, the 17th inst.
On motion of Mr. Cone, leave of absence was granted to
Mr. Wilcox for the balance of the session, after Saturday
the 17th inst.
Leave of absence was granted to Mr. Heed for the bal¬
ance of the session after 2 o'clock to-morrow.
The following message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Mr. President :—The House of Representatives has
passed the following bills, to wit:
A Bill for the benefit of purchasers of head-right war¬
rants.
Also, a bill to give to painters who may paint houses in
the counties of Baldwin and Bibb, a lien upon such houses
and premises, of equal dignity with master masons and
carpenters, given by the several laws now of force.
Also, a bill to protect Rafts and Raftsmen from wanton
injuries committed by steamboats navigating any of the
rivers or waters of this State.
Also, a bill to regulate practice in Courts of Law and
Equity, and define the powers of the same.
Also, a bill to establish lost papers in the Justices' Courts
of this State, aud for other purposes therein specified.
Also, a bill to appoint commissioners to examine into
532 JOURNAL OF THE
the condition of the Great Ogeechee river, and to exam¬
ine the books and accounts of the former commissioners,
and to report to his Excellency.
Also, a bill to appropriate money to compensate certain
persons therein named, for pursuing and arresting James
Williams, who is charged with the offence of murder, and
to reimburse said persons for expenditures in having said
James Williams committed to Jail, and to appropriate a
sum of money to pay John Muljins a reward paid by him
for the arrest of Alfred Crawford.
Also, a bill to change the time of holding the Spring
term of the Superior Court in Clark county, and to author¬
ize and require the Judge of the Superior Courts of the
Western Circuit, to hold Court two weeks at each Spring
term of said Court in Clark county, and to fix the time of
holding the Inferior Courts in the several counties therein
named.
Also, a bill to protect the citizens of this State from dan¬
ger by the running at large of lunatic and insane slaves or
free persons of color.
Also, a bill to add an additional number of Trustees to
Oak Kidge Academy, in Talbot county, and to provide for
the removal of the same. #
Also, a bill for the relief of Lewis F. Harris, administra¬
tor of N. F. Harris, deceased, and to authorize the Gov¬
ernor to draw his warrant on the Treasurer in his favor,
for the sum therein specified.
Also, a bill to authorize William E. Wilson, of the coun¬
ty of DeKalb, to practice Medicine, and to charge for the
same. *
Also, a bill to incorporate the Savannah Patent Steam
Brick Company.
Also, a bill 1.1 repeal so much of an Act, approved 22d
February, 1850, to authorize and require Sheriffs, Coro¬
ners, and Clerks of the Superior, Inferior, and Ordinary
Courts, to advertise in certain newspapers, as relates to
the county of Elbert.
Also, a bill to grant unto the Justices of the Inferior
Court of Early count}1*, a strip of unsurveyed land, and for
other purposes therein named.
Also, a bill for the relief of X. G. McFarland, of the
county of Walker.
Also, a bill to compensate certain Grand and Petit Ju¬
rors in certain counties therein named, and provide for the
payment of the same.
Mr. Anderson made the following Peport:
The Select Committee to whom was referred the subject
of an appropriation of three thousand dollars for the im¬
provement of the navigation of the Skidaway Harrows, in
SENATE.
533
the county of Chatham, have had the same under consid¬
eration, and submit the following Report:
The Skid away Narrows are at the point of the waters
which divide the island of Skidaway from the main land,
where there is presented an obstruction to navigation which,
it is believed can be removed for three thousand dollars.
The waters referred to co.. stitute the usual passage for
rafts of lumber, shingles and staves, from the Great Qgee-
chee river to the river and city of Savannah, and are fre¬
quently and commonly used by a large number of the
citizens residing on the Great Ogeechee river. If this ob¬
struction is removed, there will be a good passage for
steamboats which plv inland between Savannah, Darien,
Brunswick, St. Mary's and Florida. Those steamboats
carry on a large trade, and furnish admirable accommoda¬
tions for a large number of passengers travelling between
East Florida and the city of Savannah, but a portion of the
route they are compelled to take is circuitous, and sub¬
jected to great delays on account of tides. Their route is
through Ro^jflerly Marsh, by waters flowing between the
inlet of Warsaw and Ossabau, within the Sea Islands, and
is at least twenty miles longer than-the route by Skidaway
Narrows. If then, this appropriation heretofore granted
by the General Assembly, and not drawn, shall be now
revived, great good will result to a large number of our
iellow-citizens,3md the inland passage between Savannah
and Florida will be much improved. In view of the mani¬
fest advantages so to result, your committee do not hesi¬
tate to recommend the renewal of the appropriation.
They recommend the following persons as suitable com¬
missioners to superintend the contemplated improvement,
to wit: John Deloach, W. W. Starke, G. J. Goodson, and
Thomas R. Hines.
The Senate took up the message from the House of
Representatives, in relation to the disagreement ot the
House to the substitute by way of amendment adopted by
the Senate for the bill of the House for the government
and management of the Western and Atlantic Railroad,
which was laid over on yesterday in consequence of the
motion for the previous question not having been sustain¬
ed, on the motion of Mr. Reed that the Senate recede from
its amendment.
On the motion that the Senate recede, the yeas andnays
were required to be recorded, and are, yeas 21, nays 20.
Those who voted in the affirmative, are Messrs.
Anderson,
Loihune,
Burks,
John L. Bird, Chaojiell,
Philip M. Byrd, Coffee,
Calhoun, Connelly,
33
534
JOURNAL OF THB
Hicks,
Knight,
Farris,
Griggs,
Hardeman
Lawson,
Little,
Moore,
Reed,
Slaughter,
Stroud,
Tomlinson,
Tumlin,
Walthour,
patters.
Thos© who voted in the negative, are Messrs.
Beavers,
Bryan,
Butler,
Gone,
Crocker,
Dickinson,
Flewellen,
Flournoy,
Ross,
Foster,
Harm an,
Harris,
McCune,
McRae,
Mosely,
Simmons,
"Wellborn
Wilcox,
Wolfe,
Wright.
So the Senate receded from its amendment, and the Bill
was passed.
On leave granted, Mr. Anderson laid upon the table the
following Resolution:
Resolved by the Senate and House of Representatives,
in General Assembly met, That His Excellency the Gov¬
ernor appoint three competent gentlemen to report to the
next Legislature a plan lor the permanent government of
the Western and Atlantic Railroad.
Mr. McCune moved to amend by adding the following
words, to-wit:
And that the voters of Georgia be and they are hereby
requested at the next election for members of the General
Assembly, to be holden on the first Monday in October,
1853, to endorse upon their tickets " sale" or " no sale,"
as they may be for the 'sale of the Western and Atlantic
Railroad, or in favor of it being retained as the property
of the State. And it shall be the duty of managers of the
various polls held on that day throughout the State for
members of the General Assembly, to count all such tick¬
ets and endorsements, and cause to be kept a talley sheet
of the same, to be returned with and in the same manner
as the talley sheets of members of the Legislature; and it
shall be the duty of his Excellency the Governor, to report
the vote to the next General Assembly.
The amendment was accepted by Mr. Anderson.
The question then recurred upon the adoption of the
Resolution, as amended.
On which the yeas and nays were required to be record¬
ed, and are, yeas 29, nays 16.
SENATE. 535
Those who voted in affirmative, are Messrs.
Anderson, Dickinson, McCune,
Bethune, Farris, Moore,
Bryan, _ Foster, Ross, '
John L. Bird, Griggs, Slaughter,
Philip M. Byrd, Hardeman, Tomlinson,
Calhoun, Harris, Walthour,
Coffee, Hicks, Watters,
Cone, Knight, "Wellborn,
Connelly, Lawson, Wolfe.
Crocker, Little,
Those who voted in the negative, are Messrs.
Beavers, Flournoy, Simmons,
Barks, Harman, Stroud,
Butler, McRae, Tuinlin,
Chappell, Mosely, Wilcox,
Flewellen, Reed, Wright.
So the Resolution was agreed to.
The Senate took up, as the Report of the Committee of
the Whole, the bill to change the times of holding the Su¬
perior Courts of the counties of Taliaferro, Madison and
Elbert.
Mr. Hardeman moved to amend the first section by ad¬
ding the following proviso:
Provided, That this Act shall not interfere in any way
with the adjourned term of Elbert Superior Court, to be
held on the'third Monday in this present month of January,
1852.
Which was agreed to.
Mr. Simmons moved to amend by adding the following
as an additional section:
And be it farther enacted, That the times of holding
the Inferior Courts of Forsyth county, shall be on the se¬
cond Monday in January and July, in each and every
year, and that all bonds, writs, precepts and processes,
heretofore made or issued, shall be-returnable to said
Courts, as fixed by this Act.
Which was agreed to.
Mr. McCune moved to amend by adding the following
as an additional section :
And be it further enacted, That the Fall term of Ef¬
fingham Court(be hereafter held on Thursday after the
third Monday in October.
Which was agreed to.
Mr. Wright moved to amend by adding the following
as an additional section :
536
JOURNAL OF THE
A.nd be it f urther enacted, That the Inferior Court of
the county of Heard shall be held on the second Monday
in July and January, in each and every year, and that all
writs, bills, processes, declarations, and other proceedings
Returnable to said Courts at the time of heretofore holding
the same, be takei\ and considered as returnable to said
Courts at the time specified in this Act for said Courts to
be holden.
Which was agreed to.
TheRepoit as amended was agreed to.
The Bill was read the third time and passed.
Mr. Harman moved to suspend the rule in order to en¬
able him to lay upon the table a Resolution relative to the
sale of the Western and Atlantic Railroad.
Which was lost.
On motion of Mr. Cone, the President appointed as an
Auditing Committee, Messrs. Bethune, Cone and Bryan.
The Senate took up, as the Report of the Committee of
the Whole, the bill to more effectually prevent the fur-
nishing of intoxicating liquors to, and the use of the same,
by slaves.
For which the Committee on the Judiciary offered the
following as a substitute :
A Bill to more effectually prevent the furnishing of in¬
toxicating liquors to slaves.
Be it enacted, That from-and after the first day of Feb¬
ruary next, if any person, except the owner or overseer,
or employer, or a physician, shall sell to or give to, or in
any other way furnish to the slave of another person, any
quantity of intoxicating liquor for the use of such slave,
in any way whatever, either with or without the permis¬
sion of the owner or overseer, or employer of such slave,
such person so selling," or giving or furnishing, shall 1 e
guilty of a misdemeanor, and for every such offence shah,
on conviction thereof, be fined in the sum of five hundred
dollars—three hundred dollars of which fine to accrue to
and be for the benefit of the person who shall first inform
against such offence.
Be it further enacted by the authority aforesaid, That the
Judges of the Superior Courts of this State shall give this
Act in charge to the Grand Juries of the respective coun¬
ties in their Circuits, at every regular term of their Courts.
Mr. McCune moved to amend the substitute by striking
out of the first section the words " overseer or employer."
Mr. Harman moved to amend the substitute by striking
out of the first section .the words. " either with or."
Mr. Harris moved that the bill and substitute be inde¬
finitely postponed.
Which was lost.
The question then recurred on agreeing to the motion of
SENATE. 537
Mr. McCune, to strike out the words " overseer or em¬
ployer."
Which was lost.
The question then recurred on agreeing to the motion
of Mr. Harman, to strike out the words " either with or."
Which was lost.
The question then recurred on receiving the substitute.
The substitute was received. •
The Report ot the Committee, 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 required to be recorded, and are,
yeas 25, nays 18.
Those who voted in the affirmative, are Messrs.
Anderson, Griggs, Reed,
Bethune, ' • Hardeman, Ross,
Burks, Hicks, Simmons,
John L. Bird, Lawson, Slaughter,
Chappell, Little, Tomlinson,
Connelly, McCune, Tumlin,
Dickinson, McRae, Wellborn,
Farris, Moore, Wright.
Flewellen,
Those who voted in the negative, are Messrs.
Beavers, Cone, Mosely,
Bryan, Crocker, Stroud,
Butler, Flournoy, Walthour,
P. M. Byrd, Harman, Watters,
Calhoun, Harris, Wilcox,
Coffee, Knight, Wolfe.
So the Bill was passed.
Mr. Simmons laid upon the table the following Resolu¬
tion :
Resolved by the Senate and House of Representatives,
That no mileage be allowed any member for a longer dis¬
tance than the nearest Railroad, Stage, or other route from
his residence to the Seat of Government.
Mr. Harman offered the following as a substitute : ^
Resolved by the Senate and House of Representatives,
That each member of the Senate and House be entitled to
charge for mileage by the nearest travelled route from
their residence to the Capital.
Which was not received.
538 journal of the
Mr. Harman moved to amend the original Resolution,
by striking out the words, " Railroad, Stage, or other."
Which was agreed to.
The Resolution, as amended, was then adopted.
On motion, the Senate adjourned until 3 o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
alter and straighten the line between the counties of Jas¬
per and Newton, so as to include the premises of Obadiah
Pielder, A. S. Bell, Aaron Parker, William Pope, S.Cono-
way, D. M. Bell, Christopher Fincher, and Andrew J.
Fincher, in the county of Newton, and to alter the lines of
other counties therein named.
Mr. Tumlin moved to amend by adding the following
as an additional section:
Be it further enacted, That the line dividing the coun¬
ties of Paulding and Polk, be so changed as to include the
whole of the nineteenth district of the third section of now
Polk county within the county of Paulding.
Which* was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
amend an Act to provide for the education of the poor, so
far as the county of Twiggs is concerned.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives for
the relief of D. T. White, of Newton cpunty.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
authorize the Treasurer of the Poor School Fund in the
county of Laurens, to pay over to William J. Daniel and
Archibald McMillan the amount of their accounts for
teaching poor children in the year 1851, in said county of
Laurens.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
KJINATJC. 539
the "Whole, the hill of the House of Representatives to
lay out a new county from the counties of Talbot, Macon
and Marion, and attach the same to a Senatorial District.
The Report was agreed to.
The Bill was read the third time,
And on the question, "Shall this Bill now passV the
yeas and nays were required to be recorded, and are, yeas
28, nays 11. •
Those who voted in the affirmative are Messrs.
Anderson,
Bethune,
Bryan,
Burks,
Butler,
John L. Bird,
Calhoun,
Chappell,
Coffee,
Crocker,
Dickinson,
Farris,
Flewellen,
Flournoy,
Harman,
Knight,
Lawson,
McCune,
McRae,
Moore,
Mosely,
Ross,
Slaughter,
Tomlinson,
W althour,
Wilcox,
Wolfe,
Wright.
Those who voted in the negative, are Messrs.
Beavers, Foster, Stroud,
Philip M. Byrd, Hicks, Watters,
Cone, Little, Wellborn.
Day, Simmons,
So the Bill was passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
increase the jurisdiction of Magistrates in the city of
Macon.
The Report was agreed to.
The Bill wa3 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
15, nays 25.
Those who voted in the affirmative, are Messrs.
Anderson,
Bethune,
Bryan,
Burks,
Butler,
Coffee,
Cone,
Hardeman,
Harman,
Slaughter,
Walthour,
Watters,
Wilcox,
Wolfe,
Wright.
540 JOURNAL OF THE
Those who voted in the negative, are Messrs.
Beavers,
John L. Bird,
Philip M. Byrd,
Flew ell en,
Flournoy,
Foster,
Dickinson,
Calhoun,
Chappell,
Crocker,
Day,
McCune.
Knight,
•Lawson,
Little,
Hicks,
Heed,
Boss,
Simmons,
Stroud,
"Wellborn.
Farris,
So the Bill was lost.
The Senate took up, as the Beport of the Committee of
the "Whole, the bill of the House of Bepresentatives
to alter and amend the road and town or village laws of
this State, so far as respects the county of Hancock.
And the same, on motion of Mr.•Wright, was postponed
indefinitely.
The Senate took up, as the Beport of the Committee of
the Whole, the bill of the House of Bepresentatives, to
repeal so much of an Act entitled an Act, so far as relates
to the county of Walker, assented to February 14th, 1850.
The Beport was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Beport of the Committee of
the Whole, the bill of the House of Bepresentatives. to al¬
ter the time of issuing writs and proce ses by the Clerk of
the Superior Court of the county of Wilkes.
The Beport was agreed to.
And on motion of Mr. Moore, the Beport was laid on
the table for the present.
The Senate took up, as the Beport of the Committee of
the Whole, the bill of the House of Bepresentatives, to
enlarge and extend the corporate powers of the town of
Covington.
The Beport was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Beport of the Committee of
the Whole, the bill of the House of Bepresentatives, to
repeal an Act entitled an Act to amend an Act incorpora¬
ting the city of Dalton, in Murray county, approved 29th
December, 1847.
The Beport was agreed to.
The Bill was read the third time and passed.
The following Bills of the House of Bepresentatives
were taken up, read the second time, and referred to the
Committee of the Whole:
A Bill to change the time and place of holding the Su-
BH1IA.TB 541
preme Court of the State of Georgia, in the Second Su¬
preme Court Judicial Circuit.
Also, a bill to appropriate money for making useful and
necessary improvements in connection with the Lunatic
Asylum.
Also, a bill to incorporate the Fire Company of the city
of Rome, to be known by the name and style of the Oosta-
naula Fire Company, No. 1, and to grant to them certain
privileges and exemptions, and to authorize the Mayor and
Aldermen of said city of Rome, to levy and collect a tax
for the establishment and maintainance of a Fire depart¬
ment in said city.
Also, a Bill for the pardon of Kinchen P. Boon, now
confined in the Penitentiary for life for the crime of mur¬
der.
Also, a Bill to incorporate the Talbotton Railroad Com-
pany.
Also, a bill to incorporate the Columbus and West
Point. Railroad and Plank Road Company, and to punish
persons for violating the same.
Also, a Bill to incorporate certain Churches, Camp
Grounds, Academies, Masonic Lodges, Odd Fellows
Lodges, Divisions of Sons of Temperance, and other asso¬
ciations, and for other purposes therein named.
The following Bills of the House of Representatives were
taken up and read the first time :
A bill to compensate certain Grand and Petit Ju¬
rors in certain counties therein named, and provide for the
payment of the same.
Also, a bill for the relief of X. G. McFarland, of the
county of Walker.
Also, a bill to protect the citizens of this State from dan¬
ger by the running at large of lunatic and insane slaves or
free persons of color.
Also a Bill for the benefit of purchasers of head-right war¬
rants.
Also, a bill to grant unto the Justices ot the Inferior
Court of Early county, a strip of unsurveyed land, and for
other purposes therein named.
Also, a bill to incorporate the Savannah Patent Steam
Brick Company.
Also, a bill to authorize William E. Wilson, of the coun¬
ty of DeKalb, to practice Medicine, charging compensa¬
tion therefor.
Also, a bill to change the time of holding the Spring
term of the Superior Court in Clark county, and to author¬
ize and require the Judge of the Superior Courts of the
Western Circuit, to hold Court two weeks at each Spring
term of said Court in Clark county, and to fix the time ot
holdino- the Inferior Courts in the several counties therein
©
named.
542 JOURNAL OF TUB
Also, a bill to appoint commissioners to examine into
the condition of the Great Ogeechee river, and to exam*
ine the books and accounts of the former commissioners,
and to report to his Excellency.
Also, a bill to regulate practice in Courts of Law and
Equity, aud define the powers of the same.
Also, a bill to repeal an Act, approved 22d February, 1850,
entitled an Act to authorize and require the Sheriffs, Co¬
roners, Clerks of the Superior, Inferior, and Courts of Or¬
dinary in the several counties in this State, to advertise in
certain newspapers, so far as relates to the county of Elbert.
Also, a bill for the relief of Lewis F. Harris, administra¬
tor on the estate of N. F. Harris, deceased, and to au¬
thorize the Governor to draw his warrant on the Treas¬
urer in his favor, for the sum therein specified.
Also, a bill to add an additional number of Trustees to
Oak Ridge Academy, in Talbot county, and to provide for
the removal of the same.
Also, a bill to appropriate money to compensate certain
persons therein named, for pursuing and arresting James
"Williams, who is charged with the offence of murder, and
to reimburse said persons for expenditures in having said
James Williams committed to Jail, and to appropriate a
sum of money to' pay John Mullins a reward paid by him
for the arrest of Alfred Crawford.
Also, a bill to establish lost papers in the Justices' Courts
of this State, and for other purposes therein specified.
Also, a bill to protect Rafts and Raftsmen from wanton
injuries committed by steamboats navigating any of the
'rivers or waters of this State.
Also, a bill to give to painters who may paint houses in
the counties of Baldwin and Bibb, a lien upon such houses
and premises, of equal dignity with the lien of master ma¬
sons and carpenters, sriven by the several laws now of force.
On leave granted, Mr. Reed reported a bill to incorpo¬
rate the LaGrange Steam Mill Company, and for other pur¬
poses.
Which was read the first time.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
alter the time of issuing writs and processes by the Clerk
of the Superior Court of the county of Wilkes.
Which, on motion of Mr. Harman, was indefinitely
postponed.
On motion, the Senate adjourned until half past 9 o'clock
to-morrow morning.
SENATE.
543
WEDNESDAY, January 14th, 1852.
The Senate met pursuant to adjournment.
Mr. Watters moved to reconsider so much of the jour¬
nal ot yesterday as relates to the passage of the bill to
more effectually prevent the furnishing of intoxicating li¬
quors to slaves. p s
On which motion, the yeas and nays were required to
he recorded, and are, yeas 20, na}T3 22.
Those who voted in the affirmative, are Messrs.
Beavers, Crocker, Mosely,
Bryan, Flournoy, Stroud,
Butler, Griggs, • Watters,
Philip M. Byrd, Harman, Wellborn,
Calhoun, Harris, Wilcox,
Coffee, Knight Wolfe.
Cone, Moore,
Those who voted in the negative, are Messrs.
Anderson, Foster, Beed,
Bethune, Hardeman, Boss,
Burks, ♦ Hicks, Simmons,
John L. Bird, Lawson, Slaughter,
Chappell, Little, Tomlinson,
Dickinson, McCune, Tumlin, .
Farris, McBae, Wright.
Flewellen,
So the motion to reconsider was lost.
On motion of Mr. Harman, the Senate reconsidered so
much of the journal of yesterday as relates to the rejec¬
tion of the bill of the House of Bepresentatives to increase
the jurisdiction of Magistrates in the city of Macon.
The following message was received from the House of
Bepresentatives by Mr. Sturgis their Clerk:
Mr. President : The House of Bepresentatives has
passed the following bills, to-wit:
A Bill for the prevention of foreigners peddling in the
State of Georgia
Also, a Bill to establish, change and abolish election
precincts therein named.
Also, a Bill the more effectually to provide for the Edu¬
cation of the poor.
Also, a Bill to appropriate money to James J. Tooke of
the county of Talbot,on account of the overpayment of taxes.
6U JOURNAL OF THE
Also, a Bill to incorporate the Stockholders of the Car-
rollton Railroad Company.
The House of Representatives have agreed to the Re¬
port of the Joint Committee of Conference on the follow¬
ing bills, to-wit:
To appropriate money to improve the navigation of the
Altamaha, Ocmulgee and Oconee rivers, and to appoint
Commissioners for the same.
Also, on the Bill for the relief of Win. G. Jacobs? and
others. »
Also, on the Bill to amend an Act entitled an Act to
amend an Act to incorporate the South-Western Railroad
Company, with power to extend branches to Albany and
Fort Gaines, &c.
The House refuse to agree to the Report of the Com¬
mittee of Conference on the amendments to the bill of the
House of Represensatives, to prescribe the mode of coin-
pensatingthe Jurors of the Superior and Inferior Courts of
the counties of Lumpkin, Habersham and Murray.
The House of Representatives have agreed to a Resolu¬
tion fixing Thursday the 22d instant, as a day to adjourn
sine die-,
To which they a9k the concurrence of the Senate.
Mr. Foster from the Judiciary Committee made the fol¬
lowing Report:
Mr. Pres dent: The Committee on the Judiciary have
had under consideration,
A Bill entitled an Act to regulate the mode of sueing
the bonds of Executors, Administrators and Guardians, and
report the same back to the Senate with the approval of
the Committee.
Also, a Bill to be entitled an Act to prescribe the mode
of laying out private ways, and for other purposes, and
report the same back to the Senate, and ask for it a favor¬
able consideration.
Also, a Bill to be entitled an Act to incorporate the
Georgia and Florida Railroad Company, to secure to the
same certain privileges, &c., and recommend that the same
be amended, and favorably considered,
All which is respectfully submitted.
On motion of Mr." Simmons the Senate took up the fol¬
lowing Resolution of the House of Representatives:
Resolved by the Senate and House of Representatives,
That the General Assembly adjourn sine die on Thursday
the 22d day of January, (instant.)
Mr. Ilarman moved to amend by adding the following
proviso:
" Provided, They get through their business."
Mr. Wellborn moved to lay the Resolution on the table
for the present.
8ENATE* 545
"Which was lost.
Tlie^ue^ion ^ien recurred upon agreeing to the provi¬
so of Mr. Harman. r
Which was lost.
The Resolution was then concurred in.
The Senate took up the message from the ITouse in rela¬
tion to the disagreement of the House to the amendment
of the Senate to the Bill of the House, to prescribe the
mode of compensating the Jurors of the Superior and In¬
ferior Courts of the counties of Lumpkin, Habersham and
Murray.
On motion of Mr. Hardeman the Senate receded from
its amendment.
The Senate took up as the Report of the Committee of
the Whole, the bill to incorporate the Georgia and Flori¬
da Railroad Company, to secure to the same certain privi¬
leges, and for other purposes therein mentioned.
And upon reading the 6th section, as follows:
And be it further enacted, That said Companv shall
have the sole and exclusive right to construct said Georgia
and Florida Railroad, and no other person or persons
Company or Compa lies shall be allowed within twenty
miles of said Railroad after the line of the same, shall be
permanently located on either side thereof to construct
from or to any of the places designated in this act, any
Railroad or other public work of a like character.
Mr. Knight moved to amend by adding thereto the fol¬
lowing proviso :
Provided', That nothing in this act shall prevent any
other Road from crossing this Road.
Which was agreed to.
And upon reading the following part of the ninth st ction,
as follows*
And be it further enacted by the authority aforesaid
That the said Company shall at any time when they may
think best commence said Road and enter upon the vari¬
ous powers and duties in this Act enumerated, and shall
be allowed fifteen years after the commencement of the
same for the completion thereof.
The Committee on the Judiciary moved to amend by
striking out all between the words, ""said Company shall,"
and the words, "and shall be allowed. &c.,"and inserting
in lieu thereof the words, "within five years in good faith
commence said work and continue the same."
Which was agreed to.
And on reading the 11th section, as follows :
Beit further enacted, That nothing in th's Act con¬
tained shall be so constried as to authorize s iid corpora¬
tion to exercise banking privileges, or to issue notes cr
540 JOURNAL OF THE
scrip or other device for circulation as a medium of ex¬
change or to pass as money.
The Committee on the Judiciary moved to amend by
adding the following words :
" And that if said Road be not commenced and con¬
tinued as herein before required, this Act shall be null and
void to all intents.
Whioh was agreed to.
Mr. Harman moved to amend by adding the following
as an additional section :
And be it further enacted, That the private property
each and every Stockholder shall be bound and liable
for each and every debt said Company may contract, in
proportion to the amount of Stock each may own, and as
such shall be liable to levy, and sell under an execution
against said Company, upon a return being made by the
proper officer of no " corporate property to be found."
Which was agreed to.
The Report, as amended, was .agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the bill to provide for the erection of anew
Penitentiary, and for the selection of a site for the same.
And on motion of Mr. McCune the same was indefinite¬
ly postponed.
The Bill to incorporate the LaGfrange Steam Mill Com¬
pany, and for other purposes,
Was taken up, read the second time and referred to the
Committee of the Whole.
Mr. Anderson made the following Report:
The Committee on Internal Improvements, to whom was
referred certain claims against the Western and-Atlantic
Railroad, have had the same under consideration, and re¬
port the same back to the Senate, and recommend that
they be referred to the Superintendant of said Road.
On motion of Mr. Anderson, the Report was taken up
and agreed to.
Mr. Bethune made the following Report:
The Committee 011 Finance have had under considera¬
tion the Resolution of the Senate, instructing them to in¬
quire into, and Report upon the propriety of ordering an
increase of the bond of the Treasurer on account of his
taking charge of the assets of the Central Bank.
Your Committee do not see any good reason for propos¬
ing an increase of the bond of that officer. The collections
on the estimated assets of the Bank will not in all proba¬
bility place under his control any very considerable sum
at any one time, arid it is very seldom the case, if ever,
that he has on hand as much money as the amount of bis
bond at present.
SENATE. 547
On motion of Mr. Bethune, the Beport was taken up
and agreed to. . r
i Tfe,Se1nat^ to,oL;iuP as ^he Beport of the Committee of
the Whole, the bill ot the House of Bepresentatives to in¬
corporate the Columbus and West Point Bailroad and
Plank Boad Company, and to punish persons for violating
the same. °
Mr. Calhoun moved to amend the first section by adding
the names of Wrm. F. Fannin and George Winston as in¬
corporators.
Which was agreed to.
Mr. Beed moved to amend by adding the following as
additional sections.
Beit further enacted, That the said Company shall be¬
gin the construction of the said Bailroad or Plank Boad
within two years from the date of this Act, and shall com¬
plete the same within seven years, and on failure of either
of these requisitions, this charter with all the privileges
hereby granted are declared to be null and void.
Be it further enacted, That the exclusive right, granted
by this Act to the said Bailroad or Plank Boad Company
to constrict and keep up a Bailroad or Plank Boad from
West Point to Columbus, shall be and continue for and
during the#term of thirty years after the completion of the
said works as authorized by this Act.
Be it further enacted, That the private property of
each and every Stockholder shall be bound and liable for
each and every debt said Company may contract in pro¬
portion to the amount of Stock each may own, and as such
shall be liable to levy and sale under an execution against
said Company upon a return being made thereon by the
proper officer of 110 corporate property to be found.
Which was agreed to.
Mr. Mosely moved to amend by adding the following as
an additional section :
Beit further enacted, That should it be necessary for
said Company to cross any public Boad, they shall make
good and sufficient crossing places, and should it be ne¬
cessary for them to take along any public Boad, they shall
clear out a good and sufficient Boad by the side of the said
Plank Boad at their own expense, and should said Compa¬
ny fail to comply with the provision ot this section, they
shall be subject to the same pains and penalties^ as persons
obstructing Public Boads according to the existing laws
of this State.
Which was agreed to.
The Beport, as amended, was agreed to.
The bill was read the third time and yassed.
The Senate took up, as the Beport of the Committee of
548
JOTJRVAL OF THE
the Whole, the bill of the House of Representatives for
the pardon of Ivinchen P. Boon, now confined in the Peni¬
tentiary for life for the crime of murder.
The Report was ageed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives to re¬
gulate the mode of sueing the bonds of Executors, Ad¬
ministrators and Guardians.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
incorporate certain Churches, Camp-Grounds, Academies,
Masonic Lodges, Odd Fellows Lodges, Divisions of Sons
of Temperance and other associations, and for other pur¬
poses therein named.
Mr. Cone moved to amend by striking out all in relation
to "Divisions of Sons of Temperance."
Which was lost.
Mr. Ilarman moved to amend by striking out $e follow¬
ing words, " that all laws and parts of laws militating
against this Act, be and the same are hereby repealed,"
whenever they occuf in the Bill except at the ?nd of the
last section.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
Mr. Simmons, from the Committee on Enrollment,, re¬
ported as duly enrolled and signed by the Speaker of the
House of Representatives and ready for the signature of
the President of the Senate,
An Act to authorize John VP. Duncan to plead and
practice law in the several Courts of Law and Equity in
tnis State, on certain conditions therein named.
Also, an Act to repeal an Act to authorize the citizens of
Mcintosh county to elect Commissioners of Pilotage for
the port of Darien, and to regulate the fees of the same, ap¬
proved, January 18th, 1850, and for the purpose of alter¬
ing the time, mode and manner of electing said Commis¬
sioners, and fur other purposes therein named.
Also, an Act to authorize the Treasurer of the Poor
School Pund in the county of Laurens to pay over to Wil¬
liam J. Daniel and Archibald McMillan the amount of
their accounts for teaching poor children in the year 1851,
ill said county of Laurens.
Also, an Act to compensate the Grand and Petit Jurors
in certain counties therein named, and to provide for the
payment of the same.
SENATE. 549
Also, an. Act to extend and define the corporate limits of
the town of Greenville, in the countv of Meriwether, to
provide lor the election of InUmdanl and Commissioners
for the same, tu define their powers, and for other purposes
therein named.
Also, an Act to authorize the Treasurer of Pike county or
the Treasurer of the Poor School Funds of said county to
pay over to L. E. Stubbs or his lawful representative the
sum of money therein named, and to authorize the Trea¬
surer or person^iaving control of the poor school funds in
Cherokee county to pay over to Achilles Foster and James
McDaniel, William Knox and John Ilolcomb the amount
due therein for teaching in the years 1850 and 1851.
Also, an Act to change the name of the LaGrange Fe¬
male Collegiate Seminary.
Also, an Act to keep open, remove and prevent obstruc¬
tions to the free passage of fish, &c., in the Hiwassee river,,
from the North Carolina line to Osborne's Mills in the
county of Union, State of Georgia.
Also, an Act to repeal an Act consolidating the offices of
Tax Collector and Receiver, in the county of Cherokee,
passed December the 19th, 1849, and to better provide for
paying the Grand and Petit Jurors in said county.
Also, an Act to change the line between the counties of
Campbell aiid Fayette, so as to include the residence of
John Griffin and Thomas S. Roberts, now of the county
of Fayette in,the county of Campbell.
Also, an Act to amend an Act entitled an Act to amend
flie several Acts now in force, regulating the fees of Mag¬
istrates and Constables in the State of Georgia, so far as
relates to the county of Chatham, approved, December
19th, 1819, so as to include the Magistrates and Consta¬
bles of the county of Baldwin and to provide for the collec¬
tion of the same.
Also, an Act to regulate the mode of electing Constables
■in the citv of Savannah.
Also, an Act to incorporate the Sparta Hotel Company.
Also, a-Joint Resolution in relation to the adjournment
of this his General Assembly.
Leave of absence was granted to Messrs. Burks and
Knight for the balance of the session, after to-morrow.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of the Representatives to
prescribe the mode.of laying out private ways, and for
ot!,er purposes,
The Report was 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—\ eas 20, navs 18.
' " ' 36
550 JOURNAL OF THE
Those who voted in the affirmative, are Messrs.
Bethune, Farris, McRae,
Philip M. Byrd, Flewellen, Peed,
Coffee, Flournoy, Simmons,
Cone, Foster, Slaughter,
Crocker, Hardeman, Stroud,
Hay,- Harman, Wellborn.
Dickinson, La wson,
Those who voted in the negative, are Messrs.
Anderson, Chappell, Boss,
Beavers, Harris, Tomlinson,
Bryan, Hicks, Tumlin,
Butler, McCune, Watters,
John L. Bird, Moore, Wolfe,
Calhoun, Mosely, Wright.
So the bill was passed.
The Senate took up as the Report of the Committee of
the Whole, the Bill of the House of Representatives to
appropriate money for making useful and necessary im¬
prove ments in connection with the Lunatic Asylum.
The Report was 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 28, nays 11.
Those who voted in the affirmative, are Messrs.
Anderson, Dickinson, Moore,
Bethune, Flewellen, Mosely,
Butler, Flournoy, ' Ross,
John L. Bird, Foster, . Simmons,
Philip M. Byrd, Hardeman, Slaughter,
Calhoun, Harman, Stroud,
Chappell, Knight, • Tomlinson,
Coffee, Lawson, Watters,
Crocker, McRae, Wellborn.
Day,
Those who voted in the negative, are Messrs.
Beavers, Harris, Tumlin,
Bryan, Hicks, Wolfe,
Cone, Little, Wright.
Farris, McCune,
So the Bill was passed.
senate. 551
The following Message was received from the Governor,
by Mr. Paine, his Secretary :
Ma. President : I am directed by the Governor to deli¬
ver to this branch ot the General Assembly a.communica¬
tion in writing.
On leave granted, Mr. Foster reported a Bill to incor¬
porate the Madison branch Railroad Company, and for
other purposes.
Which was read the first time.
On motion the Senate adjourned until 3 o'clock, P. M.
Three o'Clock, P. M.
The Senate met pursuant to adjournment.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of the Representatives to
incorporate the Talbotton Rail Road Company.
The Report was agreed to.
The bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives to
change the time and place of holding the Supreme Court
of the State of Georgia in the second Supreme Court
, Judicial Circuit.
The Report was agreed to.
The bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
incorporate the Fire Company of the city of Rome to be
known by the name and style of the Oostanaula Fire Com¬
pany. Ho. 1, and to grant to them certain privileges and
exemptions, and to authorize the Mayor and Aldermen of
1 said city of Rome to levy and collect a tax for the estab¬
lishment and maintainence of a Fire Department in said
city.
The Report was agreed to.
The bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the reconsidered bill of the House of Repre¬
sentatives, to increase the jurisdiction of Magistrates in
the city of Macon.
The Report was agreed to.
The Bill was read the third time ;
And on the question, "Shall this Bill now pass?" the
peas and nays were required to be recorded and are—
peas 23, nays 12.
552 JOURNAL OF THE
Those who voted in the affirmative, are Messrs.
Anderson, Crocher, McRae,
Beawms, m Dickinson, Simmons,
Bethune, * Farris, Tnmlin,
Bryan, Flournoy, Watters,
Butler, - Foster, Wellborn,
John L. Bird, Hardeman, Wolfe,
Coffee, Ilarman, Wright.
Cone, Lawson,
Those who voted in the negative, are Messrs.
,P. M. Byrd, Griggs', Moore,
Calhoun, Hicks, , Mosely,
Chappell, Knight, Ross,
Day, Little, Tomlinson.
So the Bill wds passed.
The following bills of the House of Representatives,
were taken up, read the second time, and referred to the
Committee of the Whole :
A Bill for the relief of X. G. McFarland, of the county
of Walker.
Also, a Bill to repeal an Act, approved 22(J February,
1850, entitled an Act to authorize and require the Sheriffs,
Coroners and Clerks of the Superior and Inferior Courts
and Courts of Ordinary in the several counties in this
State to advertise in certain newspapers, so far as the
same relates to the county of Elbert.
• Also, a Bill to protect the citizens of this State from
danger by the running at large of lunatics and insane
slaves, or free persons of color.
Also, a Bill to incorporate the Savannah Patent Steam
Brick Company.
Also, a Bill tor the relief of Lewis F. Harris, Adminis¬
trator on the estate of Nathaniel F. Harris, deceased, and
to authorize the Governor to draw his warrant on the Trea¬
sury in his favor, for the sum therein specified.
Also, a Bill to appropriate money to compensate certain
persons therein named, for pursueing and arresting James
Williams, who is charged with the offence of murder, and
to reimburse said persons for expenditures in having said
James Williams committed to Jail, and to appropriate a
sum of money to pay John Mullins a reward paid by
him for the arre6t of Alfred Crawford.
Also, a Bill-to establish lost papers in the Justices
Courts of this State, and for other purposes therein speci¬
fied.
Also, a Bill to protect Rafts and Raftsmen from wanton
injuries committed by Steamboats navigating any of the
.umiATa 553
Rivers, or waters of this State.
Also, a Bill to regulate practice in Courts of Law and
Equity, and define the powers of the same.
Also, a Bill to compensate certain Grand and Petit Ju¬
rors in certain counties therein named, and provide for the
payment of the same.
Also, a Bill to grant unto the Justices of the Inferior
Court of Early county a strip of unsurveyed Hnd, and for
other purposes therein named.
Also, a Bill to add an additional number of Trustees to
Oak Ridge Academy, in Talbot county, and to provide
for the removal of the same.
Also, a Bill to change the time of holding the Spring
Term of the Superior Court in Clark count}1-, and to au¬
thorize and require the Judges of the Superior Courts of
the Western Circuit to hold Court two weeks at each
Spring Term of said Court in Clark county, and to fix the
time of holding the Inferior Courts in the several counties
therein named.
Also, a Bill for the relief of purchasers of head right
warrants.
Also, a Bill- to authorize ¥m. E. "Wilson, of DeKalb
county to practice medicine, charging compensation there¬
for.
Also, a Bill to appoint Commissioners to examine into
the condition of the Great Ogeechee River, and to examine
the books and accounts of the former Commissioners, and
to report to his Excellency.
Also, a Bill to give to Painters, who may paint houses
in the counties of Baldwin and Bibb, a lien upon such
houses and premises of equal dignity with the lien of Mas¬
ter Masons and Master Carpenters, giv'en by the several
laws now of force in said counties.
The following Bills of the House of Representatives
were taken up and read the .first time;
A Bill to incorporate the Stockholders of the Carrollton
Railroad Company.
Also, a Bill to establish change and abolish certain elec¬
tion precincts therein named.
Also, a Bill for the prevention of foreigners peddling in
the State of Georgia.
Also, a Bill the more effectually to provide for the edu¬
cation of the poor.
Alsoj a bill to appropriate money to James J. Tooke of
the county of Talbot, on account of the over-payment of
taxes.
On motion of Mr. Moore, the Report heretofore made
by the Joint Standing Committee on the Penitentiary, was
taken up and agreed to.
554 JOURNAL OF THE
On motion, the Senate adjourned until 7 o'clock, P.M.
Seven o'Clock, P. M.
The Senate met pursuant to adjournment.
On motion of Mr. Anderson, the following communica¬
tion from His Excellency the Governor, was taken up and
read:
Executive Department, |
Milledgemlle, Jan. 14th, 1852. j
I herewith transmit to the General Assembly a copy of
the proceedings of the Select and Common Councils ol the
city of Philadelphia, which have been forwarded to me
with a request that I should lay them before your respec¬
tive bodies. The subject which is therein brought before
you will bommend itself to your favorable consideration,
and I feel that it is only necessary for me to call your at¬
tention to it to insure for it your prompt and patriotic re¬
sponse. HOWELL COBB.
On motion of Mr. Anderson, the Message with accom¬
panying documents, was referred to the Committee on the
State of the Republic.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President: The House of Representatives has
passed the following Bills, to-wit:
A Bill to exempt certain persons of Mcintosh county
from Road duty, and for other purposes therein named.
Also, a Bill to regulate the mode of executing the bonds
of Receivers of Banks, appointed according to the provi¬
sions of the Act,assented to December 13th, 1842.
Also, a Bill to amend an Act entitled an Act to give to
all persons employed on Steamboats and other water crafts
on the Chattahoochee, Altamaha and Ocmulgee rivers a lien
on said Steamboats or water crafts for his, her or their
wages, and for wood and provisions furnished, and to
point out and facilitate the mode for the collection of the
same, assented to December 7th, 1841, so as to extend the
provisions of the same in favor of machinists.
Also, a Bill to change the name of Asa Couch of the
county of Elbert, &c.
Also, a Bill to repeal the first section of an Act entitled
an Act to prevent lumber measurers from being Clerks or
Agents of lumber buyers or lumber mills, and to define the
mode of measuring stocks of hewn or ranging timber, so
far as the county of Chatham is concerned.
Also, a Bill to amend an Act to amend an Act author-
senate. 555
izing certain Commissioners to raise by Lottery a fund for
the erection of Monuments to the memory of Green and
Pulaski, in the city of Savannah, passed December, 1837,
and the original Act of which the same is an amendment.
Also, a Bill to require all Wills of personal property to
be executed and proved in the same manner as is now
prescribed by law for the execution and proof of devises
of Real Estate.
The following bills of the House of Representatives were
taken up and read the first time:
A Bill to amend an Act entitled an Act to give to all
persons employed in Steamhoats and other water crafts on
the Chattahoochee, Altamaha and Ocmulgee Rivers a lien
on said Steamboats or water crafts for his, her or their
wages, and for wood and provisions furnished, and to point
out and facilitate the mode of the collection of the same,
assented to, December 7th, 1841, so as to extend the pro¬
visions of the same in favor of machinists.
Also, a Bill to amend an Act to amend an Act authoriz¬
ing certain Commissioners to raise by Lottery a fund for
the erection of Monuments to the memory of Green and
Pulaski in the city of Savannah,"passed December, 1837,
and the original Act of which the same is an amendment.
Also, a Bill to repeal the first section of an Act entitled
an Act to prevent lumber measurers from being Clerks or
Agents of lumber buyers or lumber mills, and to define
the mode of measuring stocks of hewn or ranging lumber,
so far as the county of Chatham is concerned.
Also, a Bill to change the name of Asa Couch of the
county of Elbert, and for other purposes.
Also, a Bill to regulate the mode of executing the bonds
of Receivers of Banks, appointed according to the provi¬
sions of the Act, assented to December 13th, 1842.
Also, a Bill to exempt certain persons of Mcintosh coun¬
ty from road duty, and for other purposes therein named.
Also, a Bill to require all Wills of personal property to
be executed and proved in the same manner as is now pre¬
scribed by law for the execution and proof of devises of
Real Estate.
The following communication was received from His
Excellency the Governor by Mr. Paine, his Secretary :
Which on motion of Mr. Moore was taken up and read
as follows :
Executive Department, )
Afilledgeville, January 14th, 1852. j
I herewith enclose to the General Assembly a copy of a
Preamble and Resolution adopted by the Legislature of
Alabama in compliance with the request contained in said
Resolution. . HOWELL COBB.
556
journal of the
Which oil motion was, with the accompanying docu¬
ments referred to the Committee on Internal Improve¬
ments.
The Report heretofore made by the Select Committee in
relation to the claim of Joseph Sturgis, Esq., as Agent
for the State, in prosecuting certain claims against the
General Government,
Was on motion of Mr. Moore, taken up and agreed to.
The Report heretofore made by the Select Committee in
relation to an appropriation of three thousand dollars for
the improvement of the navigation of the Skidaway Nar¬
rows in the county of Chatham,
Was on motion of Mr. Anderson, taken up and agreed
to.
On motion, the Senate adjourned till lialf-past 9 o'clock
to-morrow morning.
THURSDAY, January 15th, 1852.
The Senate met pursuant to adjournment.
Leave of absence was granted to Mr. Hardeman for the
balance of the session after Saturday next, the 17th inst.
Mr. Simmons from the Committee on Enrollment, re¬
ported as duly enrolled, and signed by the Speaker of the
House of Representatives and ready for the signature of
the President of the Senate :
An Act to authorize Augustus H. Anderson and Moses
P. Greene, to erect a bridge across the Ogeechee river, on
their own land, in Burke county, and on the land of Dan¬
iel Kent, in Emanuel county, for which they have obtained
the perpetual privilege from Daniel Kent, the owner of
said land, in the county of Emanuel.
Also, an Act to change the name of the public site in
the county of Clinch.
Also, an Act to appropriate money to improve the navi¬
gation of the Altamaha, Ocmulgee, and Oconee rivers,
and to appoint commissioners for the same.
Also, an Act for the relief of D. T. White, of Newton
county.
Also, an Act to repeal an Act entitled an Act to amend
an Act to incorporate the city of Dalton, in Murray coun¬
ty, approved 29th December, 1817.
Also, an Act to enlarge and extend the corporate powers
of the town of Covington.
Also, an Act to repeal so much of an Act entitled an
Act, so far as relates to Walker county, assented to Feb-
senate.
557
ruary 14th, 1850, to authorize and require the Justices of
the Inferior Courts of Gilmer and Walker counties, to pro¬
portion the poor school fund of said coqnties among the
several districts, agreeable to the number of poor children
returned by the Magistrates, and to appoint a Treasurer to
receive and pay out the same to the teachers of each dis¬
trict.
Also, an Act to amend an Act to provide for the educa¬
tion of the poor, so far as the county of Twiggs is concern¬
ed.
Also, an Act for the government and management of
the Western and Atlantic Railroad.
Also, an Act for the relief of Thomas B. Andrews and
Thomas M. Murray, teachers of poor children of the coun¬
ty of Early, for the years 1841, 1846,1847 and 1848.
Also, an Act for the pardon of Kinchen P. Boon, now
confined in the Penitentiary for life for the crime of mur¬
der.
Mr. Foster made the following Report:
Me. President : The Select Committee appointed to
enquire into the Iron interests of this State, beg leave to
submit the following Report:
It was the wish and intention of your committee to en¬
quire into the whole subject embraced in the resolution of
their appointment. They desired to present to the consid¬
eration of the Senate a statistical table, showing not only
the quantity of iron manufactured in the State, but like¬
wise the amount imported and consumed by our people.—
But the duties imposed upon them by the many important
measures connected with the action of the present session,
have made it impossible for them to do so. ISTot being
willing, however, to let the subject go by without action,
they determined to seek such information as might be
within their reach relating to the Iron interests of our own'
State. They knew no one so well qualified as Major
Cooper to furnish the information they desired. For many
years he has been actively and energetically employed in
the Iron business.
He carried into it his fortune, his information, his zeal
and indefatigable industry; and has labored amidst diffi¬
culties and disasters with a courage and perseverence that
must command the admiration, and awaken the sympa¬
thies of every one who loves his State, and feels for her
prosperity and independence. They addressed Major
Co'iper upon that subject, and have received from him in
reply the accompanying letter, which they beg leave to
present as an appendage to their Report.
It will be seen by reference to this paper, that Major
Cooper has gone into the history of the Iron business in
Georgia. The partial success of some, and overthrow of
558
JOUENAXi OF THE
others, who ventured to embark in its doubtful prosecu¬
tion. That Georgia embraces within herself all the natur¬
al material to make her one of the first Iron States in the
Union, or in the world, there is no doubt. That she will
ever develope those natural resources, and build up for
herself a solid wealth in that department, depends much,
in the opinion of your committee, upon the success of the
pioneers in that hazardous enterprise. "What will it mat¬
ter, that ore, and coal, and stone, and clay, be in inexhausti¬
ble beds, and that the forest abounds in the finest and
most appropriate timber, and that the best water power in
the world comes, as if bidden to the very spot you would
have it. If experience shows that talent and energy, and
zeal and indefatigable and indomitable courage, have
labored for years with all these advantages, and reap¬
ed nothing but disappointment and overthrow, who will
trust his only bark along that channel, though calm and
placid its waters seem, when all who went before him have
perished. To prosecute the Iron business with suc¬
cess, requires large investments of capital, and the em¬
ployment of numerous operatives. When the demand is
good, and prices remunerative, it makes rapidly, but when
reverses come, nothing but the strongest backing can with¬
stand the shock, and one reverse tide will sweep away the
labor of years. Hence it is, that in all countries the Iron
business has claimed and received the fostering hand of
government to sustain it.
Looking to the vast interest Georgia has in the full and
proper development of this department of her natural
wealth, and not losing sight of the intimate connection it
has with the fullest success of her great line of Hail Road,
your committee would be tempted, but for the precedent,
to recommend the adoption of some measure for the direct
and substantial aid of those who are now struggling to
build up the Iron interest in Georgia. This, however, they
do not ask, but simply appeal to us to give them the pre¬
ference, all things being equal, over foreign competition,
so far as we as a State have patronage to bestow. Shall
we, refuse this most reasonable request ? Believing we
will not, your committee ask the adoption of the following
Resolutions:
^ Resolved by the General Assembly of the State of Geor¬
gia, That the Iron interest in Georgia is one of much value
to the State, and deserves the habitual regard of the peo-
pie.
That the Governor be and is hereby requested to give
such direction to the operations of the State Road in its
transportation department, as will sustain the Iron busi¬
ness and the coal trade.
That the Superintendant of the Western and Atlantic
senate.
559
Railroad is hereby authorized to make such contracts for-
the supply of Iron for said Road, as he may think best cal¬
culated to advance the .interests of the Road and the pros¬
perity of the State, and to negociate such terms as he may
deem expedient therefor.
The following message was received from the House of
Representatives by Mr. Sturgis, their Clerk:
Mr. President: The House of Representatives lias
passed the following bills, to-wit:
A Rill to incorporate and endow the Georgia Academy
for the Blind.
Also, a bill to give a construction to the fourth section of
the Statute of Frauds, so far as relates to a party defend¬
ant being chargeable upon -any special promise to answer
for the debt, default, or miscarriages of a third person, &c.
Also, a bill to authorize a grant to issue to Thomas A.
Jones, to lot of land Ho. 181, in the 10th district of Carroll
county.
The Senate took up as the Report of the Committee of
the Whole, the bill to incorporate the LaGrange Steam
Mill Company, and for other purposes.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives to
grant unto the Justices of the Inferior Court of Early coun¬
ty a strip of unsurveyed land, and for other purposes
therein named.
The Report was agreed to.
The Bill was read the third time and passed.
The Bill to incorporate the Madison Branch Railroad,
and for other purposes,
Was taken up, read the second time, and referred to.
the Committee of the Whole.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives for
the relief of X. G. McFarland of the county of Walker.
The Report was 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 32, nays 5.
Those who voted in the affirmative are Messrs.
Anderson,
Bethune,
Crocker,
Farris,
McRae,
Moore,
5G0
Bryan,
Batler,
John L. Bird,
Philip M. Byrd,
Calhoun,
Chappell.
Coffee,
Cone,
Connelly,
Flewellen,
Flournoy,
Griggs,
Hardeman,
Harman,
Hicks,
Knight,
Lawson,
Little,
JOUKNAIi OJf Tim
Mosely,
Ross,
Simmons,
Stroud,
Tumlin,
Watte rs.
Wellborn,
W olfe.
Those who yoted in the negative, are Messrs.
Beavers,
Day,
Harris,
McCune.
Wright.
So the Bill was passed.
*
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives to in¬
corporate the Savannah Patent Steam Brick Company.
The Report was agreed to. The Bill was read the third
time and passed.
The Senate took up as the Report of the Committee of
the Whole, th bill of the House of Representatives to au¬
thorize William E. Wilson, of the county .of DeKalb, to
practice medicine, charging compensation therefor.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives to
change the time of holding the Spring Term of the Supe¬
rior Court in Clark county, and to authorize and require
the Judge of the Superior Courts of the Western Circuit
to hold Court two weeks at each Spring Term of said
Court in Clark county, and to fix the time of holding the
Inferior Courts in the several counties therein named.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report ot the Committee of
the Whole, the bill ot the House of Representatives to re¬
peal an Act, approved 22d, Februrry 1850, entitled an
Act to authorize and require the Sheriffs, Coroners and
Clerks of-the Superior and Inferior Courts and Courts of
Ordinary, in the several counties in this State, to advertise
in certain Newspapers, so far as the same relates to the
county of Elbert.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Coinmitte of
the Whole, the bill of the House of Representatives to ap-
SENATE. 561
propriate money to compensate certain persons therein
named, tor pursuing and arresting James Williams, who
is charged with the offence of murder, and to reimburse
said persons for expenditures in having said James
Williams committed to Jail, and to appropriate a sum
of money to pay John Muffins ■ a reward paid by him
for the arrest of Alfred Crawford.
And on reading the second section as follows:
Be it further enacted, That the sum of one hundred
dollars be, and the same is hereby appropriated to John
Mullins, of Monroe, the- same having been paid by him as
a reward for the arrest of Alfred Crawford, charged with
the offence of murder, arid that the Treasurer be, and he is
hereby authorized to pay the same to John L. Wood¬
ward, Representative from-said county.
Mr. McCune moved to amend by striking out the whole
section.
Which was lost.
Mr. John L. Byrd moved to amend by adding the fol¬
lowing as an additional section :
Be it further enacted, That the sum of fifty dollars be,
and the same is hereby appropriated to be paid to John
C. Evans, for detecting and arresting William Connally,
for the offence of larceny from the house.
Which was agreed to.
Mr. Wright moved to amend by adding the following
as an additional section :
Be it further enacted, That the Governor be authorized
to draw his warrant 011 the Treasurer in favor of Robert T.
Dawson, of the county of Heard, for twenty dollars and
fifty cents, it being the amount paid by said Dawson for
the transportation of a stand of arms from the city of Sa¬
vannah, to Houston, Heard county, Georgia.
Mr. Knight moved the previous question.
Which was seconded.
It was then decided that the main question should now
be put.
The Report was 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 22, nays 17.
Those who voted in the affirmative, are Messrs.
Bethune, Flournoy, Knight,
John L. Bird, Griggs, Lawson,
Calhoun, Harm An, Rittle,
Dickinson, Harris, McRae,
Flewellen, Hicks, Moore,
562 journal or the
Mosely, Tumlin, "Wellborn,
Stroud, Walters, Wolfe.
Tomlinson,
Those who voted in the negative are, Messrs.
Beavers, Cone, McCune,
Bryan, Connelly, Boss,
Butler, Crocker, Simmons,
Philip M. Byrd, Bay, Slaughter,
Chappell, Parris, Wright.
Coffee, Hardeman,
So the Bill was passed.
The Senate took up, as the Beport of the Committee of
the Whole, the bill of the House of Bepresentatives to
add an additional number of Trustees to Oak Bidge Aca¬
demy, in Talbot county, and to provide for the removal of
the same.
The Beport was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Beport of the Committee of
the Whole, the bill of the House of Bepresentatives to
establish lost papers in the Justices' Courts of this State,
and for other purposes therein specified.
The Beport was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Beport of the Committee of
the Whole, the bill of the House of Bepresentatives for
the relief of Lewis F. Harris, Administrator on the estate
of Nathaniel F. Harris, deceased, and to authorize the
Governor to draw his warrant on the Treasury in his favor
for the sum therein specified.
The Beport was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Beport of the Committee of
the Whole, the bill of the House of Bepresentatives to
compensate certain Grand and Petit Jurors in certain coun¬
ties therein named, and provide for the payment of the
same.
The Beport was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Beport of the Committee of
the Whole, the bill of the House of Bepresentatives to
protect the citizens of this State from danger by the run¬
ning at large of lunatic and insane slaves, or free persons
of color.
The Beport was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Beport of the Committee of
SENATE. 563
the Whole, the hill of the House of Representatives to
regulate practice in Courts of Law and Equity, and define
the powers of the same.
Which, on motion of Mr. Miller, Mr. Anderson in the
chair, was referred to the Committee on the Judiciary.
The Senate took up, as the Report of the Committee of
the Whole, the hill of the House of Representatives for
the benefit of purchasers of Head Right Warrants.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
give to painters who may paint houses in the counties of
Baldwin and Bibb, a lien upon such houses and premises
of equal dignity with the lien of master masons and mas¬
ter carpenters, given by the several laws now of force in
said counties.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
protect Rafts and Raftsmen from wanton injuries commit¬
ted by steamboats navigating any of the rivers or waters
of this State.
The Report was agreed to.
The Bill was read the third time and passed.
The following Message was received from the House of
Representatives by Mr. Sturgis, their Clerk :
Mr. President :—The House of Representatives have
concurred with the Senate in their agreement to the Re¬
port and Resolution of the Judiciary Committee on the
Memorial of the Legislature of Tennessee.
And I am directed to communicate the same forthwith
to the Senate.
The following Bills of the House of Representatives were
taken up, read the second time, and referred to the Com¬
mittee of the Whole :
A Bill the more effectually to provide for the education
of the poor.
Also, a Bill to establish, change and abolish certain
election precincts therein named.
Also, a Bill to incorporate the Stockholders of the Car-
rollton Railroad Company.
Also, a Bill for the prevention of foreigners peddling in
the State of Georgia.
Also, a Bill to appropriate money to James J. Tooke, of
the county of Talbot, on account of the over-payment of
ttlXOS
Also a Bill to repeal the first section of an Act entitled
an Act to prevent Lumber Measurers from being clerks
564: JOURNAL OF THE
or agents of lumber buyers or lumber mills, and to define
the mode of measuring stocks of hewn or ranging timber,
so far as the county of Chatham is concerned.
Also, a Bill to change the name of Asa Couch, of the
county of Elbert, and tor other purposes.
Also, a Bill to regulate the mode of executing the Bonds
of Receivers of Banks, appointed according to the provi¬
sions of the Act assented to December 13th, 1842.
Also, a Bill to exempt certain persons of Mcintosh
county from road duty, and for other purposes therein
named.
Also, a Bill to amend an Act entitled an Act to give to all
persons employed in steamboats and other water crafts on
the Chattahoochee, Altamaha and Ccmulgee Rivers, a lien
on said steamboats or water crafts for his, her or their
wages, and for wood and provisions furnished, and to point
out and facilitate the mode of collection of the same, as¬
sented to December 7th, 1841, so as to extend the provi¬
sions of the same, and in favor of Machinists.
Also, a Bill to amend an Act to amend an Act authorizing
certain Commissioners to raise by Lottery a fund for the
erection of Monuments to the memory of Green and Pulas¬
ki, in the city of Savannah, passed December 1837, and
the original Act of which the same is an amendment.
The Bill of the House of Representatives '* to require
all Wills of personal property to be executed and proved
in the same manner as is now prescribed by law lor the
execution and proof of devises of real estate," was taken
up, read the second time ; and,
On motion of Mr. Moore, referred to the Committee on
the Judiciary.
The following bills of the House of Representatives
were taken up and read the first time:
A Bill to incorporate and' endow the Georgia Academy
for the Blind.
Also, a Bill to authorize a grant to issue to Thomas A.
Jones, to lot of land, Ho. 181, in the 10th district of Car¬
roll county.
Also, a Bill to give a construction to the fourth section
of the statute of Frauds, so far as the same relatep to a
party defendant being chargeable upon any special pro¬
mise to answer tor the debt, default or miscarriage of a
third person, &c.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the Speaker of the
House of Representatives, and leady for the signature of
the President of the Senate :
An Act to appropriate money for making useful and
necessary improvements in com ection with the Lunatic
Asylum.
SENATE. 565
Also, an Act to prescribe the mode of compensating the
d urors of the Superior and Inferior Courts of the counties
of Lumpkm, Habersham and Murray.
aR ^Ct to ^ out a.new county from the counties
of Talbot, Macon and Marion, and to attach the same to
.& Senatorial District.
Also, an Act to change the time and place of holding the
•Supreme Court of the State of Georgia in the second Su¬
preme Court Judicial District.
Also, an Act' to regulate the mode of sueing the Bonds
of Executors, Administrators and Guardians.
Also, an Act to increase the jurisdiction of Magistrates
in the city of Macon. 1
Also, an Act to incorporate the Fire Company of the,
city of Rome, to be known by the name and style of the
Oosfcanaula Fire Company, No. 1, and to grant to them
certain privileges jmd exemptions, and to authorize the
Mayor and Aldermen of said city of Rome to levy and
collect a tax for the establishment and maintenance of a
Fire Department in said city.
Also, an Act to incorporate the Talbotton Railroad Com-
pany.
Also, an Act to amend an Act entitled an Act to
incorporate the South-Western Railroad Company with
- power to extend branches to Albany, in the county
of Baker, and Fort Gaines, in the county of Early, or
to points below those places on the* Chattahoochee and
Flint Rivers, and to punish those who may wilfully injure
the same, assented to'December 27th, 1845? and for other
purposes, approved February 23d, 1850 ; and to incorpo¬
rate the Cherokee Railroad Company; and to amend the
Act incorporating the Atlanta and La Grange Railroad
Company.
Also, an Act for the relief of William G. Jacobs, of
the county of Gwinnett,, and for the relief of Adaline. E.
Waller, formerly Adaline E, Flowers, of Troup county;
also, for the relief of Lewis Q. Pearson and Susan Jackson.
Mr. McCune laid on. the table the following Resolu¬
tions :
Circumstances' having transpired connected with the
invitation extended by the United States Government to
the Hungarian exiles, to come and make our country their
home, and many of them having recently arrived in the
country, it becomes right and proper for this Legislature
tp give expression to its views and principles upon the
subject.
Be it therefore Resolved by the Snate and House of
Representatives of the State of Georgia, tn General As¬
sembly met, That while we fully endorse the doctrine of
non-intervention with the affairs ot other nations, yet we
37 '
566 journal of the
as a people, deeply impressed with the importance of the
triumph of Republican principles throughout the world,
do heartily sympathize with the efforts made by Louis
Kossuth, aud his brave comrades, to throw off the Aus¬
trian yoke, and disenthral themselves from tyranny and
oppression, and indulge the hope that the day is not
distant when democratic principles, as understood and ad¬
ministered in the American Government, will find a home
not only among the oppressed Hungarians, but in every
quarter of the globe—in every land beneath the sun.
Resolved, That while we will not make ourselves, as a
Government, a party to any quarrel between foreign na¬
tions not directly affecting our rights, yet it is not only
proper but imperiously demanded by a nation situated
as ours is, to express our opinions freely and fearlessly, and
boldly, whenever democratic principles are involved; and
claiming as we do this to be our right and duty, we un¬
hesitatingly say that the interference of Russia with Hun¬
garian aflairs was cruel, unjust, violative of the laws of
nations, and an act that deserves the unequalified condem¬
nation of the civilized world.
On motion, the Senate adjourned until 7 o'clock, P. M.
Seven o'clock, P. M.
The Senate met pursuant to adjournment.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk :
Mb. Pkesident :—The House of Representatives has
passed the following Bills, to-wit:
A Bill to authorize James A. Straynge, an infirm man of
the county of Jackson, as an itinerant trader, to vend any
oods, wares or merchandize, within the sixth congressional
istrict, without obtaining license for the same.
Also, a Bill to alter and amend an Act entitled an Act
to authorize the subscription by the State to the capital
stock of the Milledgeville and Gordon Railroad Company,
passed 6th February, 1850.
Also, a Bill to amend an Act entitled an Act to protect
Religious Societies in the exercise of their religious duties,
approved December 13th, 1792.
Also, a Bill to endow the Southern Botanico Medical
College at Macon, Georgia.
Also, a BHl to amend an Act entitled an Act to exempt
from levy and sale under execution, certain property
senate. 567
therein mentioned, assented to December 11th, 1841, and
to extend the provisions of the same.
The House ot Representatives have concurred with the
Senate in a Resolution fixing mileage to be allowed mem¬
bers of the General Assembly.
The following Bills of the House of Representatives
were taken up and read the first time :
A Bill to endow the Southern Botanic Medical College^
at Macon, Georgia.
Also, a Bill to alter and amend an Act entitled an Act
to authorize the subscription by the State to the capital
stock of the Milledgeville and Gordon Railroad Company,
passed 6th February, 1850.
Also, a Bill to authorize James A. Straynge, an infirm
man of the county of Jackson, as an itinerant trader, to
vend any goods, wares and merchandize within the sixth
Congressional district without obtaining license for the
same.
Also, a Bill to amend an Act entitled an Act to protect
Religious Societies in the exercise of their religious duties,
approved December 13th, 1792.
Also, a Bill to amend an Act entitled an Act to exempt
from levy and sale under execution, certain property there¬
in mentioned, assented to December 11th, 1841, and to
extend the provisions of the same.
On motion, the Senate adjourned until half-past ni»
o'clock to-morrow morning.
FRIDAY, January 16th, 1852.
The Senate met pursuant to adjournment.
The following Message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Mr. President: The House of Representatives have
agreed to the Report of the Select Committee, to whom
was referred the Preamble and Resolutions of the Select
and Common Councils of the city of Philadelphia.
To which they ask the concurrence of the Senate.
Mr. Cone laid upon the table the following Resolution,
which was taken up, read and agreed to:
Whereas, Complaint is made relative to the manage¬
ment of the funds appropriated to improve the navigation
of the great Ogeechee River, now in the hands of Com¬
missioners, and to ascertain the true situation, and how
the same has been managed.
Therefore be it Resolved, That P. B. Connelly, of the
568 JOTTRNAJL OF THB
countj of Jefferson, John Cameron, of the county of
Scriven, Win. H. McLain, of the county of Bulloch, Mil-,
ton H. Powers, of the county of Effingham, and Ilenry
E. Smith, of the county of Bryan, be and they are here¬
by appointed Commissioners to examine into the condi¬
tion of the said funds, and also the management hereto¬
fore, and report the same to the next General Assembly,
with such recommendations as to the past and future man¬
agement as they may think proper.
The Senate' took up, as the Report of the Committee of
the Whole, the bill to incorporate the Madison Branch
Railroad, and for other purposes.
And on reading the first section as follows :
Be it enacted, That E. E. Jones, Wm. O. Saffold, John
Mann, John Wingfi eld,'John Robson, Lancelot Johnston,
T. J. Burney, Andrew Reed, Michael Dennis, Elisha Per-
ryman and James A. Merriwetber, and .their associates,
are hereby created a body politic and corpoiate, under the
name of the Madison Branch Railroad Company.
Mr. Poster moved to amend by striking out all the
names of the corporators, and insert in lieu thereof the
following: '
"E. E. Jones, Andrew Reed, William O. Saffold, Ed¬
mund Reed, John Wingfield, Elisha Perryman, John
Robson, Elmore Calloway, John R, Baldwin, A. O. Mose-
ly, Lancelot Johnston, Robert Bledsoe, Joseph P. Penick.
Which was agreed'to.
The Report, as amended, was agreed to.
The Bill was read the third time and 'passed.
The Senate took up, as the Report of the Committee of
the Whole, the hill of the Ilouse of Representatives the
more effectually to provide for the education of the poor."
On motion of Mr. McCime, the same was postponed,
and made the special Order of the Day for Monday, the
19th instant, and fifty copies ordered to be printed for the
use of the Senate. ■ . '
The Senate took np, as the Report of the Committee of
the Whole, the bill of the Iltmse of Representatives to
amend an Act authorizing certain Commissioners to raise
by Lottery a fund for the erection 'of Monuments to the
meinory of" Green and Pulaski, in the city of Savannah,
passed December, 1837, and the original Act of which the
same is amendatory.
And. on reading the following part oi the first section :•
Be it enacted, That from and after the passage of this
Act, whkrisas, four of the Commissioners appointed by
the above entitled Acts for the management of 'the said
Lottery, and the funds'raised by the same, haVe ceased to
act by reason of death and iemoval, that to supply said
vacancies the following named persons, to-wit Richard
SENATE. 569
D. Arnold, Cosmo P. Ricliardsone, be and they are hereby
appointed Commissioners in the place and stead of the
said Commissioners, who have ceased to act as aforesaid.
Mr. Anderson moved to amend by striking out the
name of Cosmo P. Richardsone.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives for
the prevention of foreigners peddling in the State of
Georgia.
Mr. Simmons moved to lay the Report on the table for
the present.
Which was lost.
Mr. Anderson' moved to refer the Report to the Com¬
mittee on the Judiciary.
Which was agreed to.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
exempt certain persons of Mcintosh county from Road
Duty, and for other purposes therein named.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
change the name of Asa Couch, of the county of Elbert,
and for other purposes.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
repeal the first section of an Act entitled an Act to pre¬
vent Lumber Measurers from being clerks or agents of
lumber buyers or lumber mills, and to define the mode of
measuring stocks of hewn or ranging timber, so far as the
county of Chatham is concerned.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
incorporate the stockholders of the Carrollton Railroad
Company.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House_ of Representatives to
amend an Act entitled an Act to give to all persons em¬
ployed in steamboats or other water crafts in the Chatta¬
hoochee, Altamaha and Ocmulgee rivers, a lien on said
570 JOURVAL OF THE
steamboats or water crafts for his, her or their wages, and
for wood or provisions furnished, and to point out and
facilitate the mode of the collection of the same, assented
to December 7th, 1841, so as to extend the provisions of
the same in favor of machinists.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
regulate the mode of executing the Bonds of Receivers of
Banks, appointed according to the provisions of the Act
assented to December 13th, 1842.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
appropriate money to James J. Tooke, of the county of
Talbot, on account of the over-payment of taxes.
Mr. Connelly moved to amend by adding the following
as an additional section:
Be it further enacted, That five dollars be paid to
Thomas H. Polhill, of the county of Jefferson, as guar¬
dian for Robert Hall, a free man of color, as James T.
Bothwell, the former guardian, had returned the said
Robeit, and paid the taxes for year 1851; and the same
be paid to P. B. Connelly, Senator from the 9th Senatorial
district.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
establish, change and abolish certain election precincts
therein named.
And upon reading the seventh section as follows :
And be it f urther enacted, That the provisions of this
Act shall not go into operation until the first Tuesday in
January next.
Mr. Foster moved to amend by striking out the word
" January," and inserting in lieu thereof the word " Feb¬
ruary."
Which was agreed to.
Mr. Dickinson moved to amend by adding the following
as an additional section :
Be it further enacted, That an election precinct be and
is hereby established at the place of holding Justices'
Courts in 1046 district, G. M., in the county of Decatur.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
SENATE. 571
The following Bills of the House of Representatives
were taken up, read, the second time, and referred to the
Committee of the Whole :
A Bill to amend an Act entitled an Act to exempt from
levy and sale under execution, certain property therein
mentioned, assented to February 11th, 1811, and to extend
the provisions of the same.
Also, a Bill to amend an Act entitled an Act to protect
Religious Societies in the exercise of their religious duties,
approved December 13th, 1792.
Also, a Bill to endow the Southern Botanic Medical
College at Macon, Georgia.
Also, a Bill to alter and amend an Act entitled an Act
to authorize the subscription by the State to the capital
stock of the Milledgeville and Gordon Railroad Company,
passed 6th February, 1850.
Also, a Bill to authorize James A. Straynge, an infirm
man of the county of Jackson, as an itinerant trader, to
vend any goods, wares or merchandize, within the sixth
Congressional district, without obtaining license for the
same.
Also, a Bill to authorize a grant to issue to Thomas A.
Jones, to lot of land, Ho. 181, in the 10th district of Car¬
roll county.
Also, a Bill to give a construction to the 4th section of the
statute of Frauds, so far as the same relates to a party defen¬
dant being chargeable upon any special promise, to answer
for the debt, default or miscarriage of a third person, &c.
Also, a Bill to incorporate and endow the Georgia Aca¬
demy for the Blind.
Mr. Hardeman made the following Report:
The Committee on the State of the Republic, to whom
was referred a communication from his Excellency the
Governor concerning a memorial from the Select and
Common Councils of the city of Philadelphia, relative to
the expediency of having erected in the Grove, near the
Hall in which our [National Independence was declared,
" one or more monuments," commemorative respectively •
of the States, and of the men, parties to that glorious
event, and recommending the appointment by^ the Legis¬
lature of each of the original thirteen States, of two dele¬
gates to a Convention, to assemble in Independence Hall
on the 4th of July, 1852, for the purpose of deliberating
upon a plan for carrying into effect the proposition of the
memorialists, have had the same under consideration, and
beg leave to report: ,
That in the opinion of this Committee, the object con¬
templated commends itself to the patriotic approval of
this General Assembly. The spot on which the Congress
of the American colonies declared their Independence
572 journal of the
should be dear to every friend of man, and especially to
every American citizen.
Politically it is the most hallowed spot on earth, and de¬
serves a perpetual consecration as the birth-place of Ame¬
rican liberty. Here was made the first formal announce¬
ment of those principles of political freedom which are the
rich inheritance of the people of this great Republic, and
which serve as beacon lights to guide and animate the
friends of liberty throughout the world. The men of this
memorable Congress are, as they should be, enbalmed in
the hearts and memories of the American people, and it is
meet that on the spot which was the theatre of that noble
act which gave to their country the Blessings of Indepen¬
dence, some enduring monuments should be erected which
shall link through all coming time the gratitude of a free
people with the names and virtues of their benefactors.
;,Your committee, therefore, recommend the adoption of
the following Resolutions :
Resolved by the General Assembly of the State of Geor¬
gia, That we most cordially approve the high and patriotic
object of the Select and Common Councils of the city of
Philadelphia, and made known to us by their Resolutions,
which have been transmitted to this body.
Resolved, That the Hon. George W. Crawford and the
Hon. Marshall J. Wellborn, be and they are hereby ap¬
pointed Delegates from the State of Georgia to the con¬
templated Convention in Philadelphia on the 4th of July
next, and that his Excellency the Governor be and he is
hereby authorized and requested to fill any vacancy that
may occur in our said delegation.
Resol/ved, That his Excellency the Governor be request¬
ed to transmit a copy of the foregoing Preamble and Re¬
solutions to the Select and Common Councils of the city of
Philadelphia, and to each one of our Delegates to said Con¬
vention.
On motion of Mr. Hardeman, the Report was taken up
and agreed to.
On motion the Senate adjourned until 7 o'clock, P. H.
Seven o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Foster, from the Judiciary Committee, made the
following Report: 1
Mr. President : The Committee on the Judiciary have
had under consideration
A Bill to be entitled an Act to regulate the practice in
SENATE' 673
Courts of Law, and Equity, and define the powers of the
same, and recommend that the same be amended.
Also, a Bill to be entitled an Act to secure the property
of Minors against the mismanagement of their guardians,
&c., and recommend that the same be amended.
Also, a Bill to be entitled an Act to amend an Act en¬
titled an Act to authorize parties to compel discoveries at
common law, and to prevent the abuse of the same, and
report that in the opinion of your Committee the same is
wholly unnecessary.
Also, a Bill to be entitled an Act for the prevention of
foreign Pedlers in the State of Georgia, and report the
same back to the Senate, and recommend it to its most
favorable consideration.
Also, a Bill to be entitled an Act to require all wills of
personal property to be executed and proven in the same
manner as is now prescribed by law for the execution and
proof of devices of real estate, and commend the same to
the most favorable consideration of the Senate.
Also, a Bill to be entitled an Act to repeal the first and
second sections of an Act, approved 23d February, 1850,
entitled an Act to curtail the labor of the Clerk ot the
Supreme Court, &c., and recommend the same favorably
to the Senate.
All which is most respectfully submitted.
Mr. Simmons, from the Committee on Enrollment, re1
ported as duly enrolled, and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate:
An Act to prescribe the mode of laying out private
ways, and for other purposes.
Also, an Act to establish lost papers in the Justices'
Courts of this State, and for purposes therein speci¬
fied.
Also, an Act to incorporate the Savannah Patent Steam
Brick Company.
Also, an Act to grant unto the Justices of the Inferior
Court of Early county, a strip of unsurveved land, and for
other purposes therein named.
Also, an Act for the relief of X. G. McFarland, of the
county of Walker.
Also, an Act to add an additional number of Trustees to
Oak Ridge Academy, in Talbot county, and to provide lor
the removal of the same.
Also, an Act to authorize William E. Wilson, of the coun-'
ty of DeKalb, to practice Medicine, charging compensa¬
tion therefor. . .
Also an Act to compensate certain Petit Jurors m
certain counties therein named, and to piovide for the
payment of the same.
574 jot7bnal of the
Also, an Act for the benefit of persons purchasing head-
right warrants.
Also, an Act for the relief of Lewis F. Harris, administra¬
tor on the estate of M. F. Harris, deceased, and to au¬
thorize the Governor to draw his warrant on the Treas¬
ury in his favor for the sum therein mentioned.
Also, an Act to change the time of holding the Spring
term of the Superior Court in Clark county, and to author¬
ize and require the Judge of the Superior Court of the
Western Circuit, to hold Court two weeks at each Spring
term of said Court, unless the business of said Court can
be done in a shorter time, and to provide for the same,
and to fix the time of holding the Inferior Courts of Floyd,
Forsyth, Chattooga and Appling counties.
Also, an Act to give to Painters who may paint houses in
the counties of Baldwin and Bibb, a lien upon such houses
and premises, of equal dignity with the lien of master ma¬
sons and master carpenters, given by the several laws now
of force in said counties.
Also, an Act to protect Bafts and Baftsmen from wanton
injuries committed by steamboats navigating any of the
rivers or waters of the State.
Also, an Act to repeal an Act, approved February 22,1850,
entitled an Act to authorize and require the Sheriffs, Co¬
roners, Clerks of the Superior and Inferior Courts and
Courts of Ordinary in the several counties in this State, to
advertise in certain newspapers, so far as the same relates
to the county of Elbert.
Also, an Act to protect the citizens of this State from dan¬
ger by the running at large of lunatic and insane slaves or
free persons of color.
The following message was received from the House of
Bepresentatives by Mr. Sturgis their Clerk :
Mb. President : The House of Bepresentatives has
passed the following Bills :
A Bill supplementary to an Act entitled an Act to levy
and collect a tax for the political years 1852 and 1853,
approved January 9th, 1852.
Also, a Bill to render valid all records made, or other
official acts done in certain cases therein specified.
Also, a Bill to repeal the ninth and nineteenth sections
of an Act incorporating the Gainesville Bailroad Company,
approved December 28th, 1847, and for other purposes.
Also, a Bill to incorporate a Bank in the town of La
Grange, to be called the La Grange Bank.
a aPPr0Priate and refund to Joseph Mar¬
shall, Tax Collector of Decatur county, a certain sum of
money therein named.
^°' to provide for the education of a certain
number or State Cadets in the Georgia Military Institute,
senate. 575
to defray the expenses of the same, and for other purposes
therein mentioned.
The House of Representatives have agreed to the Re¬
port of the Committee of Conference on the amendments
of the Senate to the bill of the House of Representatives
for the relief of Executors, Administrators and Guardians,
said report recommending the House of Representatives
to concur in the amendments of the Senate, striking out
all excepting the enacting clause, and the 7th and 8th
sections, and recommending that the Senate recede from
the amendment adding an additional section, to which
they ask the concurrence of the Senate.
Mr. Foster, from the Committee of Conference on the
the bill of the House of Representatives for the relief of
Executors, Administrators and Guardians, made the fol¬
lowing Report:
Mr. Prsident : The Committee of Conference upon the
bill of the House for the relief of Executors, Administra¬
tors and Guardians, have performed the duty imposed
upon them, and recommend that the House of Represen¬
tatives concur with the Senate in their amendments, so far
as the same go to striking out all of said bill, except the
enacting clause, and the seventh and eighth sections, and
that the Senate recede from their amendment, adding an
additional section to said bill.
On motion of Mr. Harman, the Report was taken up
and agreed to.
The following message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Mr. President :—The House of Representatives has
passed the following bill, to-wit:
A Bill to prescribe the rate of Tax which shall be paid
by the Macon and Western Railroad Company, and the
manner and time of giving in and paying the same.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
regulate practice in Courts of Law and Equity, and define
the powers of the same.
And on reading the first section as follows :
Be it enacted, First, That all answers in equity shall
be filed within four months after the adjournment of the
court to which the subphoena is returnable, unless further
time be granted.
Second, That the Superior Court shall have the power
to limit the number of counsel who may argue any cause
before said court. #
The Committee on the Judiciary moved to amend by
striking out the whole section.
Which was agreed to.
And on reading the second section as follows :
578 JOTTBNAL OF THE
Be it further enacted, Tliat the Chancellors of this
State may hare full and complete power to grant injunc¬
tions to stay trespass on real estate whenever in their
opinion the same shall become necessary to prevent serious
injury to the rights of the party applying.
The Committee on the Judiciary moved to amend by
adding the following:
" And also the power upon the proper application made,
to order the sale of any trust property when the circum*
stances shall require it, br render a sale advantageous, pro¬
vided there be no dispute about the facts, and that a suffi¬
cient order shall be made for the investment of the pro¬
ceeds of any such sale; and also the power at chambers
to remove and appoint trustees where there is no objection
by the parties interested.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
repeal the first and second sections of an Act, approved
23d February, 1850, entitled an Act to curtail the labor
of the Clerk of the Supreme Court, and to reduce the cost
in said Court, and to authorize amendments in said Court.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives
to require all \yills of personal property to be executed and
proved in the same manner as is now prescribed by law
for the execution and proof of devices of real ©state.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives for the
prevention of foreigners peddling in the State of Georgia.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
amend an Act entitled an Act to authorize parties to
compel discoveries at common law, and to prevent the
abuse of the same.
The Report was agreed to.
The Bill was read the third time and lost.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
secure the property of minors against the mismanagement
of their Guardians by statute, by requiring bond and se¬
curity as in other cases of guardianship.
BEN" ATE. 577
And on reading the first section as follows:
Be it enacted, That whenever any child or children
shall have any guardian by statute appointed, or by the
deed or will of the father or mother of said child or chil¬
dren, and any property shall descend to said child or chil¬
dren by virtue of the act of distribution, or of any will,
deed or gift, other than from said parent, it shall be the
duty of the Court of Ordinary, Executors, Administrators
or Trustees, as the case may be, having the control of said
property, to withhold said property from said guardian by
statute, until bond and good security be given as in other
cases of guardianship, to be judged of by the Court of
Ordinary for the faithful performance of said trust; Pro¬
vided, that if such guardian by statute shall fail or refuse
to give such bond and security.
The Committee on the Judiciary moved to amend by
striking out the words "by statute" in the two last in¬
stances where they occur in the section.
Which was agreed to.
The Report as amended, was agreed to.
The Bill was read the third time and passed.
The following bills of the House of Representatives
were taken up and read the first time :
A Bill to appropriate and refund to Joseph Marshall,
Tax Collector of Decatur county, a certain sum of money
therein named.
Also, a Bill to make valid all recerds made, or other
official acts done in certain cases therein specified.
Also, a Bill supplementary to an Act entitled an Act to
levy and collect a Tax for the political years 1852 and
1858, approved January 9th, 1852.
Also, a Bill to repeal the ninth and nineteenth sections
of an Act incorporating the Gainesville Railroad Company,
approved December the 28th, 1847, and for other purposes
therein mentioned.
Also, a Bill to incorporate a Bank in the town of La
Grange, to be called the LaGrange Bank.
Also, a Bill to provide for the education of a certain
number of State Cadets in the Georgia Military Institute.
Also, a Bill to prescribe the rate of Tax which shall be
paid by the Macon and Western Railroad.^ Company, and
the manner and time of giving in and paying the same.
On leave granted, Mr. Flournoy reported a bill to au¬
thorize the City Council of Columbus to loan the bonds of
said corporation for seventy-five thousand dollars to the
Muscogee Railroad Company.
Which was read the first time.
On motion, the Senate adjourned until half past 9 o'clo- k
to-morrow morning.
578
JOURNAL OF THE
SATURDAY, January 17, 1852.
The Senate met pursuant to adjournment.
Mr. Simmons from the Committee on Enrollment report¬
ed as duly enrolled and ready for the signature of the Pre¬
sident of the Senate,
A Report of the Judiciary Committee together with a
Joint Resolution authorizing His Excellency the Governor
to employ council to defend such cases pending in our
Courts against the East Tennessee and Georgia Railroad
Company and her agents originating in the conflict of our
own Legislature, &c.
The Bill to authorize the City Council of Columbus to
loan the bonds of said corporation for seventy-five thou¬
sand dollars to the Muscogee Railroad Company,
"Was taken up, read the second time and referred to the
Committee of the Whole.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives to en¬
dow the Southern Botanico Medical College at Macon
Georgia.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
amend an Act entitled an Act to protect religious Socie¬
ties in the exercise of their religious duties, approved De¬
cember 13th, 1792.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to al¬
ter and amend an Act entitled an Act to authorize the sub¬
scription by the State to the Capital Stock of the Milledge-
ville and Gordon Railroad Company, passed 6th February,
1850.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
amend an Act entitled an Act to exempt from levy and
sale under execution, certain property therein mentioned,
assented to December 11th, 1811, and to extend the pro¬
visions of the same.
And on reading the first section, as follows:
Be it enacted, That every white citizen of this State,
male or female, being the head of a family (in addition to
the property" mentioned in the above recited Act) shall be
SJENATE. 579
entitled to own, hold and possess, free and exempt from
levy and sale by virtue of any judgment order or decree
ot any Court of Law or Equity in this State, founded on
any contracts made after the first day of May next, or any
process eminating from the same, one yoke of oxen or
steers and cart, when said head of family owns no horse,
subject to all the provisions of the before recited Act.
Mr. Wellborn moved to amend by inserting after the
word " one,' and before the word " yoke," the words " ox
or."
Which was agreed to.
Mr. McCune moved to amend by inserting after the
word " cart," and before the w.ord " when," the words
" or ox waggon."
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives to
give a construction to the 4th section of the Statute of
Frauds, so far as the same relates to a party defendant be¬
ing chargeable upon any special promise to answer for the
debt, default or miscarriage of a third person, &c.
Mr. McCune moved to postpone the bill indefinitely ;
Which was lost.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
incorporate and endow the Georgia Academy for the
Blind."
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of th'e House of Representatives, to
authorize James A. Straynge, an infirm man of the coun¬
ty of Jackson, as an itinerant trader to vend any goods,
wares or merchandize within the Sixth Congressional Dis¬
trict, without obtaining license for the same.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
authorize a grant to issue to Thomas A. Jones, to lot of
land, Ho. 181 in the 10th District of Carroll county.
Mr. Simmons moved to amend by adding to the first
section the following words, to-wit :
" On his paying the grant fee."
Which was agreed to.
580 .TOUKNAL OF THE
Mr. Simmons moved further to amend by adding the
following as an additional section:
Be it further enacted, That His Excellency the Gover¬
nor, be and he is hereby authorized to have refunded from
the Treasury the sum of five dollars, that being the amount
paid as the grant fee for the grant erroneously issued, and
that the same be paid to Arthur Erwin of Forsyth coun¬
ty-
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed;
The following Bills of the House of Representatives
were taken up, read the second time, and referred to' the
Cominittee of the Whole;
A Bill to prescribe the rate of Tax which shall be paid
by.the Macon and Western Railroad Company, and the
manner and time of giving in and paying, the same.
Also, a Bill to appropriate and refund to Joseph Mar¬
shall, Tax Collector of Decatur county, a certain sum of
money therein named.
Also, a Bill to repeal the ninth and nineteenth section
of an Act incorporating the Gainesville Railroad Conapa-
ny, approved December 28th, 1847, and for other pur¬
poses therein mentioned.
Also, a Bill supplementary to an Act entitled an Act to
levy and collect a Tax for the political years 1852, and
185,3, approved January the 9th, 1852.
Also, a Bill to provide for the education of a certain
number of State Cadets in the Georgia Military Institute,
&c.
Also, a Bill to incorporate a Bank in the town of La
Grange, to be called the LaGrange Bank.
Also, a Bill to render valid all records made, or other
other official Acts done in certain cases therein specified.
Mr. Harman made the following Report :
The Committee on the State of the Republic have had
under consideration the Message of His Excellency the
Governor in relation to the boundary line between this
State and Florida, and beg leave to Report,
That without stopping to consider the legal rights of eith¬
er of the States to the Territory in dispute, which is con¬
ceded to be u insignificant in extent, and almost valueless
in character," probably not worth the expense of litigation
likely to be occasioned by it, and desiring to settle amica¬
bly the only matter in contest between two States so uni¬
ted " by ties of geographical contiguity, congenial sympa¬
thies, interest and feelings," they recommend the adoption
of the following Resolution :
Be<solved^ That His Excellency the Governor, be and he
is hereby authorized to propose to the State of Florida
senate.. . , , 581
as an offer of compromise on the part of ..the State of
Georgia that the boundary line between the two States
&hall be as delineated on Bonner's Map of Georgia, that is
to say, from the junction of the Flint and Chattahoochee
Rivers to the Mound B, called "Ellicotts Mound." Thence
in the most direct line to the north branch of the St. Ma¬
rys River, thence down the middle of said branch and riv¬
er to the Atlantic Ocean, including within the limits of
Georgia the territory in the great bend of said river, south¬
east of the Okefanokee Swamp.
Resolved, That if the foregoing proposition be not ac¬
cepted by the State of Florida, His Excellency the Gover¬
nor, be and he is hereby authorized to take* .such steps
and employ such counsel as he may deem necessary to de¬
fend the rights and interests of the State in the case now
pending before the Supreme Court of the United States.
The lleport was taken up and agreed to.
On leave granted, Mr. Wright laid upon the table the
following Preamble and Resolutions : 4
Whereas, The stability and permanence of the Gov¬
ernment depend upon a faithful adherence to the true
principles of the Constitution; and whereas the great prin¬
ciples of Constitutional equality can only be subserved
and carried out by the choice of a Chief Magistrate who
possesses and is willing to sustain enlightened and liberal
views in the Administration of the Government, national
in their character embracing equally within its policy and
measures the great confederacy, of American States so as to
avoid sectional issues calculated in their tendency to dis¬
turb the harmony of the Union; and whereas the Honor¬
able James Buchanan, of Pennsylvania, has exhibited a
spirit of disinterested patriotism, and in. his past history
shown himself to be a wise and enlightened Statesman:
Re it therefore Resolved by the Senate and House of
Representatives, That we recommend the Honorable Jas.
Buchanan as a candidate for the next Presidency, worthy
of the suffrages of the American people.
Resoloed, That we recommend William R. King of Ala¬
bama, as a candidate for Yice-President.
On motion, the Senate adjourned until Y o'clock, P.M.
Seven- o'clock, P. M.
The Senate met pursuant to adjournment.
The following Message was received, from the House of
Representatives by Mr. Sturgis, tfye-ir.Clerk :
Mr.' President :—The House ...of Representatives has
passed the "Kn1p, to-wit-;—
_2&.
082 JOTONAIi OF THE
A Bill ro change the boundary line between the coun¬
ties of Green and Taliaferro.
Also, a Bill to authorize George L. Bird and others to
practice Physic on the Homeopathic system, and for other
purposes.
Also, a Bill to amend an Act to authorize the Savannah
and Albany Railroad Company to make and use a Plank
Road and branches, in connection with their Railroads and
branches, or in lieu thereof, approved February 21, 1850,
so as to authorize the construction of Macadamized, gra¬
ded, or Plank Roads, or for other purposes therein named.
Also, a Bill to authorize the Superior Court of Baker
county to be held such time as may be necessary to do
the business and to regulate the service of the Jurors in
said county.
Also, a Bill to authorize Elijah J. Dupree of the county
of Paulding, a minor to transact his own business in the
same manner and subject to the same responsibilities, as
though he was of full age, and for other purposes.
Also, a Bill to amend the laws regulating the village of
Sparta, in the county of Hancock.
* Also, a Bill to incorporate the St. Ilia Plank Road Com¬
pany and to grant the unsurveyed portions of the Okefano-
kee Swamp to said Company on certain conditions.
Also, a Bill to reduce the bond of the Sheriff of Mus¬
cogee county from $40,000 to $25,000.
Also, a Bill to incorporate the Dade county Turnpike
Company, and for other purposes.
Also, a Bill to appropriate money for the purposes
therein named.
Also, a Bill to authorize any of the Alabama Railroad
Companies to extend their contemplated Railroads from
the Alabama line so as to intersect the Nashville and
Chattanooga Railroad.
Also, a Bill to incorporate the Macon, Perry and Albany
Plank Road Company.
Also, a Bill to incorporate the Dade county Turnpike
Company, and to grant certain privileges.
The House of Representatives hare refused to concur
with the Senate in their amendments to the following bills
of the House of Representatives, to-wit:
A Bill to appropriate money for the support of the Gov¬
ernment for the political years 1852 and 1853.
A Bill to carry into effect the amended Constitution of
this State in reference to the Ordinaries of said State, and
for other purposes.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the Speaker of the
House of Representatives and ready for the signature of
the President of the Senate,
SENATE.. 583-
An Act to regulate the mode of executing the Bonds
of Receivers of Banks, appointed according to the provi¬
sions of the Act assented to December 13th, 1842.
Also, an Act to exempt certain persons of Mcintosh
county Irom road duty, and for other purposes therein
named.
Also, an Act to amend an Act entitled an Act to give to all
persons employed in steamboats and other water crafts on
the Chattahoochee, Altamaha and Ocmulgee Rivers, a lien
on said steamboats or water crafts for his, her or their
wages, and for wood and provisions furnished, and to point
out and facilitate the mode of the collection of the same, as¬
sented to December 7th, 1841, so as to extend the provi¬
sions of the same, and in favor of Machinists.
Also, an Act to incorporate the Stockholders of the Car-
rollton Railroad Company,
Also, an Act to repeal the first section of an Act entitled
an Act to prevent Lumber Measurers from being clerks
or agents of lumber buyers or lumber mills, and to define
the mode of measuring stocks of hewn or ranging timber,
so far as the county of Chatham is concerned.
Also, an Act to change the name of Asa Couch, of the
county of Elbert, and tor other purposes.
The Senate took up the Message from the House of Rep¬
resentatives in relation to the disagreement of the House
of Representatives to certain amendments of the Senate
to the bill of the House of Representatives, to appropriate
money for the support of the Government for the political
years 1852 and 1853.
And on motion the Senate insisted on all its amend¬
ments, to which the House of Representatives had dis¬
agreed.
On motion of Mr. Bethune, the Senate concurred in
the amendment of the House of Representatives to the
amendment of the Senate, appropriating money for James
R. Butts, late J Surveyor General, to pay for Clerk hire,
during the Session of the Legislature of 1849 and 1850.
The Senate took up the Message from the House of Rep¬
resentatives in relation to the disagreement of the House
of Representatives to certain amendments of the Senate
to the bill of the House of Representatives, to carry into
effect the amended Constitution of this State in reference
to the Ordinaries of said State, and for other purposes.
On motion of Mr. Day the Senate receded from its
amendment to the nineteenth section of the bill.
Mr. Flewellen moved that the Senate insist upon its
amendment to the nineteenth section of the bill,
* On which motion the yeas and nays were required to
be recorded, and are, yeas 23, nays 12.
584 JOURNAL OF TUB
Those who voted in the affirmative, are Messrs.
Butler, Flewellen, Mosely,
Calhoun, Flournoy, Ross,
Chappell, Griggs, Slaughter,
Coffee, Hicks, Stroud,
Cone, Little, Tumlin,
Connelly, McCune, Watters,
Dickinson, McRae, "Wellborn.
Farris, Moore,
Those who voted in the negative, are Messrs.
Anderson, P. M. Byrd, Lawson,
Bethune, Crocker, Simmons,
Bryan, Day, Wolfe,
John L. Bird, Knight, Wright.
So the Senate insisted on its amendment.
Mr. Wellborn moved that the Senate insist upon its
amendment to the twenty-second section of the bill.
Which was lost.
The following Bills of the House of Representatives were
taken up and read the first time :
A Bill to incorporate the Dade county Turnpike Com¬
pany, and to grant certain privileges to the same.
Also, a Bill to authorize George L. Bird and others to
practice Physic on the Homeopathic System, and for oth¬
er purposes.
Also, a Bill to authorize any of the Alabama Rail¬
road Companies of the State of Alabama to extend their
contemplated Railroads from the Alabama line, so as in¬
tersect the Nashville and Chattanooga Railroad, and to
grant the right of way in this State, and certain other pri¬
vileges, and for other purposes.
Also, a Bill to change the boundary line between the
counties of Green and Taliaferro.
Also, a Bill to amend an Act to authorize the Savannah
and Albany Railroad Company to make and use a Plank
Road and branches, in connection with their Railroad ai d
branches, or in lieu thereof, approved February 21,185<,
so as to authorize the construction of macadtn.ized, graded
or Plank Roads, and for other purposes therein named..
Also, a Bill to incorporate the St. IIla Plank Road Com¬
pany.
Also, a Bill to incorporate the Macon, Perry and Alba¬
ny Plank Road Company, and to confer certain powers and
privileges.
Also, a Bill to reduce the bond of the Sheriff of Musco¬
gee county from $40,000 to $25,000.
senate. 585
Also, & Bill to authorize Elijah J. Dupree of the county
of I aulding, a minor to transact his own business in the
same manner, and subject to the same responsibilities as
though "he was of full age, and for other purposes.
Also, a bill to amend the laws regulating the Tillage of
Sparta, in the county of Hancock.
Also, a Bill to authorize the Superior Court of Baker
county to be held such time as may be necessary to do the
business, and to regulate the service of Jurors in said
county.
Also, a Bill to appropriate money for the purposes thore-
in designated.
On motion, the Senate adjourned until half-past 9 o'clock
Monday morning.
MONDAY, January 19,1852.
The Senate met pursuant to adjournment.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President : The House of Representatives have
concurred with the Senate in their agreement to the Pre¬
amble and Resolutions in relation to the creditors of the
Darien Bank.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President : The House of Representatives have
passed
A Bill to authorize William McKinney, Thomas Kelly
and H. W. Cameron, to appoint some fit and proper per¬
son in lieu of O. T. Dickerson, should they deem such a
course necessary, to survey the first and second districts of
Rabun county.
The House of Representatives have passed the bill of
the Senate
To repeal the first section of an Act approved Decem¬
ber 19th, 1819, entitled an Act to repeal all laws respect¬
ing the importation of slaves into this State, and to give
certain powers to Municipal Corporations in relation to
slaves, with amendments.
And I am directed to communicate the same forthwith
to the Senate.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, the
more effectually to provide for the Education of the poor.
On motion, the Report was taken up by sections.
And on reading the third section as follows :
586
JOUBNAIi OF THE
The Ordinary of each county shall he ex-officio school
commissioner thereof, and shall take an oath and enter
into an obligation, as part of his official bond as Ordinary,
to discharge all the duties of school commissioner; as pre¬
scribed by this Act, and to faithfully apply all the monies
■which may come into his hands in that capacity.
• He shall also be entitled to retain as a compensation
for his services as such commissioner, two and one half
per centum upon all such monies as he may receive, and
the same per centum upon all such monies as he may pay
out under the provisions of this Act; Provided that no
provision of the foregoing Act shall repeal or militate
against the. provisions of an Act assented to the 24th of
December, 1847, prescribing the mode of disbursing the
Poor School Fund, and the election of district Treasurers,
entitled an Act to amend an Act to provide for the edu¬
cation of the poor so far as the counties of Lumpkin and
Rabun are concerned.
Mr. Knight moved to amend by inserting after the
words " commissioner thereof," the following, to-wit:
" And in case of death or resignation of the Ordinary,
the Justices of the Inferior Court shall act until the va¬
cancy of Ordinary is filled."
Which was agreed to.
Mr. Simmons moved to amend by striking out the pro¬
viso.
On which motion the yeas and nays were required to
to be recorded, and are—yeas 24, nays 13.
Those who voted in the affirmative are Messrs.
Bethune, Day, McCune,
Bryan, Flewellen, McRae,
Butler, Flournoy, Moore,
Calhoun, Foster, Mosely,
Chappell, Griggs, Ross,
Cone, Knight, Simmons,
Connelly, Lawson, Wolfe,
Crocker, Little, Wright.
Those who voted in the negative, are Messrs.
Anderson, Farris, Stroud,
Beavers, Harman, Tumlin,
John L. Bird, Hicks, Watters,
Philip M. Byrd, Slaughter, Wellborn.
Coffee,
So the motion to strike out prevailed.
SENATE. <87
And on reading the fourth section as follows :
_Z?e it f urther enacted, That all the duties imposed by
the provisions of this Act upon Ordinaries of each county
shall, in the county of Chatham, he discharged by the
Justices of the Inferior Court; and the said Justices are
hereby authorized to appoint one or more fit and proper
persons, who shall act as school commissioner or commis¬
sioners for said county, and who shall discharge the duties
imposed by this Act upon the school commissioners, under
such regulations as the said Inferior Court may prescribe.
Mr. Stroud moved to amend by inserting the county of
Clark.
"Which was lost.
Mr. Little moved to amend by inserting the county of
Franklin.
Which was lost.
Mr. Simmons moved to amend by striking out the whole
section.
On which motion the yeas and nays were required to
be recorded, and are yeas 21, nays 16.
Those who voted in the affirmative, are Messrs.
Bryan, Flewellen, Moore,
Butler, Flournoy, Mosely,
Chappell, Foster, Boss,
Cone, Griggs, Simmons,
Connelly, Knight, Tumlin,
Crocker, McCune, W olfe,
Bay, McBae, Wright.
Those who voted in the negative, are Messrs.
Anderson, Dickinson, Little,
Beavers, Farris, Slaughter,
John L. Bird, Harman, Stroud,
Philip M. Byrd, Hicks, Walters,
Calhoun, Lawson, W ellborn.
Coffee,
So the motion to strike out prevailed.
And on reading the fifth section as follows .
Be it enacted, That the county of Union be exempt
from the provisions of this act, and the poor school tund
of said county be disbursed under the heretofore existing
law • Provided that said county is not to be excluded
from' the benefit of any fund raised under this act.
588 JOURNAL OF THE
Mr. McCune moved to amend by striking ont the whole
section.
Which was agreed to.
And on reading the sixth section as follows :
The duties of school commissioner in each county shall
"be the following:
He shall levy and cause to be collected by the tax col¬
lector of the county, such tax as may be recommended
by the grand Jury of the first Superior Court in each year,
for the purpose of educating the poor, and shall take
charge of the same when collected.
He shall, each year, between the first of September and
the first of November, make and keep in a book for that
purpose, a list of all such children in the county between
the ages of eight and sixteen years, as he may deem un¬
able, from the poverty of themselves or parents, to procure
a plain English education without public assistance; and
to assist him in making such list, he shall appoint two
persons in each militia district to give him information re¬
specting the poor children thereof, which persons shall
take an oath in writing before the Ordinary, to faithfully
discharge the duties of their appointment, and to return
only such children as are in their opinion entitled to the
benefits of this act.
He shall, within the first week of November each year,
forward one copy of said list for that year to the Treasurer
of this State ; and by the first of December in each year,
have at the State Treasury his order, under the seal of his
office, for the quota of his county in the State dividend
aforesaid.
He shall lay a copy of this list for the year next last
before the grand Jury of the first court in each year, and
shall also lay before them his written estimate of what
county tax will be necessary to secure the tuition of all
such children as may be entitled to be placed on the list
for the year then present, &c.
Mr. McRae moved to amend by striking out the word
*l eight," and inserting in lieu thereof the word " six."
Which was lost.
Mr. McCune moved to amend by striking out the word
<c sixteen," and inserting in lieu thereof the word " eigh¬
teen."
On which motion, the yeas and nays were required to
be recorded, and are yeas 16, nays 22.
Those who voted in the affirmative, are Messrs.
Beavers, Chappell, Flewellen,
Butler, ^ Cone, Flournoy,
John L. Bird, Farris, Foster,
SENATE. 580
Griggs, Knight, Stroud,
Harman, McCune, Tumlin.
Hicks,
Those who voted in the negative, are Messrs.
Anderson, Day, Ross,
Bethune, Dickinson, Simmons,
Bryan, Lawson, Slaughter,
P. M. Byrd, Little, Watters,
Calhoun, McRae, "Wellborn,
Coffee, Moore, "Wolfe,
Connelly, Mosely, Wright.
Crocker,
So the motion to strike out and insert was lost.
Mr. Knight moved to amend by inserting after the
words u benefits of this act," the following :
" And shall examine and return to the Ordinary a cer¬
tificate that the teacher is qualified, before he shall be en¬
titled to the benefit of this act."
Which was agreed to.
Mr. Watters moved to amend by adding the following
as an additional section :
Be it further enacted, A. T. Harden, Gabriel Jones
and James M. Lester, be and they are hereby appointed
School Commissioners for the county of Floyd, and that
they be and are hereby required to perform all the duties
imposed upon he Ordinary by the provisions of this act.
On which motion, the yeas and nays were required to
be recorded, and are, yeas 10, nays 26.
Those who voted in the affirmative, are Messrs.
Beavers, Farris, Stroud,
Philip M. Byrd, Hicks, Tumlin,
Calhoun, Little, Watters.
Coffee,
Those who voted in the negative, are Messrs.
Anderson, Connelly, Harman,
Bethune, Crocker, Knigbh
Bryan, HaJ>
Butler, Dickinson, McCune,
John L. Bird, Flewellen, McRae,
Chappell, Flournoy, Mosely,
Cone, Foster, Ross,
590
JOtTRNJLL OF THB
Simmons, "Wellborn, Wright.
Slaughter, Wolfe,
So the motion was lost.
Mr. Wellborn moved to amend by adding the following
as an additional section :
Be it further enacted, That all outstanding accounts
for teaching poor children shall be paid them pro-rata
share of the funds on hand, Provided said accounts are
dated since 1843, and are legal and just.
Which was lost.
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 required to be recorded, and are,
yeas 26, nays 12.
Those who voted in affirmative, are Messrs.
Bethune, Dickinson, Moore,
Bryan, Farris, Ross,
Butler, Flewellen, Simmons,
John L. Bird, Flournoy, Slaughter,
Chappell, Foster, Tuinlin,
Cone, Griggs, Watters,
Connelly, Knight, Wolfe,
Crocker, Lawson, Wright.
Day, McCune,
Those who voted in the negative, are Messrs.
Anderson, Coffee, McRae,
Beavers, Harman, Mosely,
Philip M. Byrd, Hicks, Stroud,
Calhoun, Little, Wellborn.
So the Bill was passed.
The Senate took up as the Report of the Committee of
the Whole, the bill to authorize the City Council of Co¬
lumbus to loan the bonds of said corporation for seventy-
five thousand dollars, to the Muscogee Railroad Cumpany.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
render valid all records made, or other official acts don©
in certain cases therein specified.
SENATE. 591
Mr. Harman moved to amend by striking out the fol¬
lowing proviso to the first section :
" Provided this act shall only be construed to be appli¬
cable to records of marriage license, and no other."
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the Rouse of Representatives to
repeal the ninth and nineteenth sections of an Act incor¬
porating the Gainesville Railroad Company, approved
December 28th, 1817, and for other purposes therein men¬
tioned.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
prescribe the rate of Tax which shall be paid by the Ma¬
con and Western Railroad Company, and the manner of
giving in and paying the same.
Mr. Moore moved to amend by adding the following
as an additional section :
Be it further enacted, That the provisions of this act
be and the same are hereby extended to the Rome Branch
Company.
Which was agreed to.
The Report as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
provide for the education of a certain number of State
Cadets in the Georgia Military Institute, &c.
And on reading the following part of the second sec¬
tion :
Be it further enacted, That said Board of Visitors
shall have power and authority to admit, as State Cadets
in said Military Institute, any number of young men not
exceeding ten, and who shall not be under fourteen nor
over twenty-five years of age, the selection of said young
men to be made upon undoubted evidence of fair moral
character, and in the proportion of one from each Con¬
gressional district of this State, and two from the State at
large.
Mr. Cone moved to amend by adding the following:
Provided The Cadets shall be taken one from each
county in the Congressional District untill all have sent
one.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time;
592 JOURNAL OP TUB
And on the question, "shall this Bill now pass?" the
yeas and nays were required to be recorded, and are-—
yeas 32, nays 5.
Those who voted in the affirmative, are Messrs.
Anderson, Day, McRae,
Beavers, Dickinson, Moore,
Bethune, Farris, Mosely,
Bryan, Flewellen, Boss,
Butler, Flournoy, Simmons,
John L. Bird, Foster, Slaughter,
Calhoun, Griggs, Tumlin,
Coffee, Harman, Watters,
Cdne, Hicks, "Wolfe,
Connelly, Knight, "Wright.
Crocker, Lawson,
Those who voted in the negative, are Messrs.
Philip M. Byrd, McCune, Wellborn.
Little, Stroud,
So the Bill was passed.
The Senate took up, as the Keport of the Committee of
the Whole, the bill of the House of Representatives to
incorporate a Bank in the town of La Grange, to be called
the La Grange Bank.
And upon reading the third section as follows :
" The capital stock of said bank shall be two hundred
thousand dollars ($200,000), which may be increased to
five hundred thousand dollars ($500,000), which shall be
divided into shares of one hundred dollars ($100); but
the company may commence business as soon as seventy
thousand dollars in specie shall have been paid, which
ratio shall be continued in all future increase of stock."
Mr. Anderson moved to amend by striking out the word
" seventy," and inserting in lieu thereof the words " one
hundred."
Which was agreed to.
And upon reading the tenth section as follows:
" And be it further enacted, That from the time that
this act shall take effect, the total amount which the Bank
shall at any time owe, whether by bond, bill, note, or other
contract, shall not exceed three times the amount of its
capital."
Mr. Moore moved to amend by adding after the word
" capital," the words " actually paid in."
Which was agreed to.
SENATE. 593
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 required to be recorded and are—
yeas 20, nays 16.
Those who voted in the affirmative, are Messrs.
Anderson, Connelly, Lawson,
Beavers, Crocker, McRae,
Betliune, Dickinson, Mosely,
Bryan, Farris, Simmons,
Calhoun, Flewellen, Tumlin,
Chappell, Flournoy, "Wright.
Coflee, Griggs,
Those who voted in the negative, are Messrs.
Butler, Harman, Slaughter,
John L. Bird, - Hicks, Stroud,
Philip M. Byrd, Little, Walters,
Cone, Moore, Wellborn,
Day, Ross, Wolfe.
Foster,
So the Bill was passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
appropriate and refund to Joseph Marshall, Tax Col¬
lector of Decatur county, a certain sum of money therein
named.
Mr. Foster moved to amend by adding the following
as an additional section :
Be it f urther enacted, That the Governor draw his war¬
rant on the Treasurer of this State in favor of Uriah
Smith, of the county of Morgan, for the sum of seventeen
dollars and eighty-five cents, to reimburse him for that
amount paid into the Treasury improperly upon his tax¬
able property, and that the same be paid to N. G. Foster,
agent for said Uriah Smith.
Which was agreed to.
Mr. Moore moved to amend by adding the following
as an additional section :
Be it further enacted, That the Governor be and he is
hereby requested and authorized to draw his warrant on
the Treasury for twenty dollars, in favor of Philips and
Dearino*, to reimburse them for taxes paid by them on a
factory'which was burnt down in the early part of the
year in which it was given in, and that Robt. G. Harper,
594: JOURNAL OP THB
a Representative from Newton county, be authorized to
draw and receipt for the same.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives sup¬
plementary to an Act entitled an Act to levy and collect a
Tax for the political years 1852 and 1853, approved Janu¬
ary 9th, 1852.
Mr. Moore moved to amend by adding the following
as an additional section :
Be it further enacted, That when the Tax Collector of
any county shall hereafter issue an execution for taxes in
arrear, the same shall be directed to all and singular the
sheriffs and constables of this State, and shall be' levied
by either officer, when the tax due does not exceed thirty
dollars ; but when the tax exceeds that sum, the execution
shall be levied by the sheriff alone, and said officers shall
be liable to be proceeded against by rule in their respec¬
tive courts, as is prescribed by law in relation to other
executions.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time,
And on the question, u Shall this Bill now pass! tha
yeas and nays were required to be recorded, and are, yea«
17, nays 19.
Those who voted in the affirmative, are Messrs.
Anderson, Flewellen, Mosely,
Bethune, Foster, Ross,
Calhoun, Hicks, Simmons,
Connelly, Knight, Slaughter,
Crocker, Lawson, Stroud.
Farris, Moore,
Those who voted in the negative, are Messrs.
Beavers, Bay, McCune,
Bryan, Dickinson, McRae,
Butler, Flournoy, Tumlin,
Philip M. Byrd, Griggs, Watters,
Chajppell, Harman, Wolfe,
Coffee, Little, Wright.
Cone,
So the Bill was lost.
SENATE. 595
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate :
An Act to give a construction to the fourth section
of the statute ot Frauds, so far as the same relates to a
party defendant being chargeable upon any special pro¬
mise to answer for the debt, default or miscarriage of a
third person, &c.
Also, an Act to alter and amend an Act entitled an Act
to authorize the subscription by the State to the capital
stock of the Milledgeville and Gordon Railroad Company,
passed 6th February, 1850.
Also, an Act to amend an Act entitled an Act to protect
Religious Societies in the exercise of their religious duties,
approved December 13th, 1792.
Also, an Act for the prevention of foreigners peddling
in the State of Georgia
Also, an Act to incorporate and endow the Georgia Aca¬
demy for the Blind.
Also, an Act to authorize James A. Straynge, an infirm
man of the county of Jackson, as an itinerant trader, to
vend any goods, wares and merchandize within the sixth
Congressional district without obtaining license for the
same.
Also, an Act to point out the mode of paying commis¬
sion to Administrators, Executors and Guardians, and for
other purposes therein named.
Also, au Act to endow the Southern Botanico Medical
College at Macon, Georgia.
Also, an Act to repeal the first and second sections of an
Act, approved February 23d, 1850, entitled an Act to
curtail the labor of the Clerk of the Supreme Court, and
to reduce the cost in said Court, and to authorize amend¬
ments in said Court.
On motion of Mr. Farris, the Senate took up and con¬
curred in the amendments of the House of Representa¬
tives to the bill of the Senate to repeal the first section of
an Act, approved December 19th, 1819, entitled an Act
to repeal all laws respecting the importation of slaves into
this State, and to give certain powers to municipal corpo¬
rations in relation to slaves.
On motion, the Senate adjourned until 7 o'clock, P. M.
596
JOURNAL OF THE
Seven o'Clock, P. M.
The Senate met pursuant to adjournment.
The following message was received from the House of
Representatives by Mr. Sturgis the'ir Clerk:
Mr. President :—The House of Representatives have
passed the following Bills of the Senate, to-wit:
A Bill to alter the time of holding the Inferior Courts
of Harris county.
A Bill to authorize the Central Railroad and Banking
Company of Georgia to lease and w< rk such Railroad as
now or may hereafter connect with the Central Railroad,
and to authorize the Boards of Directors of such Railroad
Companies as now have or may hereafter have, their re¬
spective Railroads connecting with the said Central Rail¬
road, to make leases thereof for a term of years, or during
the continuance of their respective charters.
A Bill to incorporate the Augusta, Atlanta and Nash¬
ville Magnetic Telegraph Company.
A Bill to repeal so much of an Act entitled an Act to
change the names and legitimatize the persons therein
named, and for other purposes, approved February 16th,
1850, so far as relates to the change of the name of Wm.
Hadaway.
A Bill to change the name of Andrew Jackson, of Tel¬
fair county, to that of Andrew Passmore, his reputed
father.
A Bill to prescribe the order of argument of counsel in
criminal cases.
A Bill to compensate Executors, Administrators and
Guar .Hans in certain cases.
A Bill to authorize the consolidation of the Stocks of
the Georgia Railroad and Banking Company, and of the
Washington Railroad or Plank Road Company, incorpo¬
rated 5th February, 1850, and for other purposes.
A Bill to incorporate the Ogeechee Plank Road Com¬
pany, and for other purposes therein named.
A Bill to extend the charter of the Augusta Insurance
and Banking Company.
A Bill to alter and amend the third section of the first
article of the Constitution of this State.
A Bill to regulate the practice of the Supreme Court
and ot the Superior Courts of this State, and to relieve
suitors in the Supreme Court, and to change the districts
and times and places ot holding the Supreme Court.
A Bill to alter and amend the fourth section of the
eleventh division of the Penal Code.
SENATE. 59f
. The House of Representatives has passed the follow¬
ing Bills of the Senate with amendments, to-wit:
A Bill to amend the Acts incorporating and granting
corporate powers to the town of Bainbridge, in the county
of Decatur.
A .Bill to amend the^ several Acts heretofoe passed, in¬
corporating and relating to the. South-Western Railroad
Company, and to authorize said Company to build and
maintain a Railroad from the South-Western Railroad, at
Fort Valley, crossing Flint Ri ver, at or near a place called
Wolf Pen, in the county of Macon, and there to join the
Railroad of the Muscogee Railroad Company.
A Bill to incorporate the town of Marietta, and to en¬
large the boundary of said town, and incorporate the same
under the name of the city of Marietta, and for other
purposes, &c.
The House of Representatives has concurred in the
amendments of the Senate to the following Bills of the
House of Representatives:
A Bill to change the names and legitimatize the persons
therein named, and for other purposes.
A Bill to authorize the Governor to issue a grant for a
certain lot of land therein named to Zadock Bonner, upon
certain conditions.
A Bill to incorporate the Central Female College
under the care of the Methodist Protestant Church, Geor¬
gia District, located in Culloder.
A Bill to incorporate the Rome Branch Magnetic Tele¬
graph Company.
A Bill to alter and straighten the line between the
counties of Jasper and Newton, and to alter the line be¬
tween the counties of Gordon and Floyd, Wilkes and Lin¬
coln, and Polk and Paulding.
A Bill to authorize the Rock Island Factory of Mus¬
cogee comity to issue and sell the Bonds of the Company,
and secure" the same, and for other purposes therein
named.
A Bill to authorize a grant to issue to Thomas A.
Jones, to lot of land, No. 181, in the 10th district of Car¬
roll county.
A Bill to secure the property of Minors against the mis¬
management of their Guardians, by requiring bond and
security as in other cases ol guardianship.
A Bill to amend the several Acts in relation to issuing
Grants on Head Rights in this State.
A Bill to appropriate money to James J. Tooke, of
the county of Talbot, on account of the overpayment of
A Bill to prescribe the rate of Tax which shall be paid
S9
595 J*¥BKAJL OF -wa
by the Macon and Western Railroad Company, and the
manner and time of giving in and paying the same.
A Bill to amend an Act authorizing certain Commission¬
ers to raise by Lottery a fund for the erection of Monu¬
ments to the memory of Green and Pulaski, in the city of
Savannah, passed December 1837, and the original Act
of which the same is an amendment.
A Bill to alter and amend an Act entitled an Act to
alter and amend the several Acts in relation to Itinerant
Traders, and to prescribe the mode of their obtaining li¬
cense, approved I7ovember 27th, 1845, so far as to increase
the tax on said Itinerant Traders in the counties of Jack¬
son, Pike, Wilkes, Franklin, Sumter and "Washington.
A Bill to change the names and legitimatize the persons
therein named, and for other purposes.
A Bill to render valid all records made, or official acts
done in certain cases therein specified.
A Bill to amend an Act to authorize all free white citi¬
zens of the State of Georgia, and such others as may asso¬
ciate with them, to prosecute the business of manufactur¬
ing, &e., passed 22d December, 1847, so far as the Han¬
cock Manufacturing Company is concerned.
Also, a Bill to amend an Act entitled an Act to exempt
from levy and sale under execution, certain property
therein mentioned, assented to December 11th, 1841, and
to extend the provisions of the same.
A Bill to incorporate certain Churches, Camp Grounds,
Academies, Masonic Lodges, Odd Fellow's Lodges, Divi¬
sions of Sons of Temperance, and other associations, and
for other purposes therein named.
A Bill to incorporate the Baptist Church- at Lexing¬
ton, Oglethorpe county, and other Churches and Camp
Grounds therein named ; also to incorporate certain Aca¬
demies, Lodges of Free and Accepted Masons, Odd Fel¬
lows, Divisions of Sons of Temperance, and to establish
a ferry on Flint river.
A Bill to carry into effect the amended Constitution of
this State in reference to the Ordinaries of said State, and
for other purposes.
A Bill to incorporate the town of Jefferson, Jackson
county, and to appoint Commissioners for the same.
A Bill to incorporate the Columbus and West Point
Railroad and Plank Road Company, and to punish per¬
sons for violating the same.
A Bill to incorporate a Bank in the town of La
Grange, to be called the La Grange Bank.
The House of Representatives refuse to concur with the
Senate in their amendments to the tollowing bills of the
House of Representatives, to-wit:
SENATE. 599
A Bill to regulate the practice in Courts of Law and
Equity, and define the "powers of the same.
^ ^ appropriate money to compensate certain per-
eiP narae(^> f°r pursuing and arresting James-
Williams, charged with murder, &c.
A Bill to alter and amend an Act entitled an Act-
to alter and amend an Act for the better regulation of thee
town of Monticello, in Jasper county, and to extend th@
limits of the town of Forsyth, &c.
The House of Representatives still refuse to concur with
the Senate in their amendment to the bill of the House of
Representatives:
To appropriate money for the support of Government for
the political years 1852 and 1853, and have appointed as
a Committee of Conference on their part, Messrs. Hill,
Seward and Baugh.
The House of Representatives refuse to concur with the
Senate in their amendment to the bill of the House,
The more effectually to provide for the Education of the
Poor, and have appointed as a Committee of Conference
on their part, Messrs. Seward, Bartow and Stephens.
The following Bills of the House of Representatives
were taken up, read the second time, and referred to the
Committee of the Whole :
A Bill to reduce the bond of the Sheriff of Muscogee
gee county from $40,000 to $25,000.
Also, a Bill to incorporate the St. Ilia Plank Road Com¬
pany.
Also, a Bill to authorize George L. Bird and others to
practice Physic on the Homeopathic System, and for oth¬
er purposes.
Also, a Bill to authorize the Superior Court of Baker
county to be held such time as may be necessary to do the
business, and to regulate the service of Jurors in said
county.
Also, a Bill to change the boundary line between the
counties of Green and Taliaferro.
Also, a Bill to incorporate the Dade county Turnpike
Company, and to grant certain privileges to the same.
Also, a bill to amend the laws regulating the village of
Sparta, in the county of Hancock.
Also, a Bill to amend an Act to authorize the Savannah
and Albany Railroad Company to make and use a Plank
Road and branches, In connection with their Railroad and
branches, or in lieu thereof, approved February 21,1850,
so as to authorize the construction of macademized, graded
or Plank Roads, and for other purposes therein named.
Also, a Bill to authorize Elijah J. Dupree of the county
of Paulding, a minor to transact hit own business in the
600 JOURNAL OF THB
same manner, and subject to the game responsibilities as
though he was of full age, and for other purposes.
Also, a Bill to appropriate money for the purposes there¬
in designated.
Also, a Bill to incorporate the Macon, Perry and Alba¬
ny Plank Road Company, and to confer certain powers and
privileges.
Also, a Bill to authorize any of the Alabama Rail¬
road Companies of the State of Alabama to extend their
contemplated Railroads from the Alabama line, so as to in¬
tersect the Nashville and Chattanooga Railroad, and to
grant the right of way in this State, and certain other pri¬
vileges, and for other purposes.
The following bill of the House of Representatives
was taken up and read the first time ;
A Bill to authorize "William McKinney, Thomas Kelly
and H. W. Cameron, to appoint some fit and proper per¬
son in lieu of O. T. Dickerson, should they deem such a
course necessary, to survey the first and second districts of
Rabun county.
Mr. Simmons from the Committee on Enrollment report
ed as duly enrolled and ready for the signature of the JPre-
ident of the Senate,
Resolutions in relation to the settlement of claims
against the State of Georgia, arising out of its connection
with the Bank of Darien.
The following message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Me. President :—The House of Representatives has
passed a bill to pardon James Mouchet, convicted of
murder on circumstantial evidence.
The Senate took up and concurred in the amendments
of the House of Representatives to the bill of the Senate
to incorporate the town of Marietta in the county of Cobb;
and also to enlarge the boundary of said town, and incor¬
porate the same under the name of the city of Marietta,
and to provide for the election of a Mayor and City Coun-
cilmen, and such other officers as may be required, and
confer upon them specified powers, and for other purposes
therein mentioned.
The Senate took up and concurred in the amendment of
the House of Representatives to the bill of the Senate to
amend the Acts incorporating and granting corporate pow¬
ers to the town of Bainbridge, in the county of Decatur.
The Senate took up the message from the House of Re¬
presentatives, in relation to the amendments of the House
of Representatives to the bill of the Senate, to amend the
several Acts heretofore passed, incorporating and relating
to the South-Western Railroad Company, and to authorize
said Company to build and maintain a Railroad from the
SENATE. (501
South-Western Railroad, at Fort Valley, crossing the Flint
River at or near to a place called Wolf Pen, in the county
of Macon, and there to join the Railroad of the Muscogee
Railroad Company.
And, on motion of Mr. Anderson, the Senate disagreed
to the amendments of the House ot Representatives.
The Senate took up the message from the House of Re^
presentatives in relation to the disagreement of the House
of Representatives to the amendments of the Senate to the
hill of the House of Representatives, to regulate practice
in Courts of Law and Equity, and define the powers of the
same.
And, on motion, the Senate insisted upon its amend¬
ments.
The Senate took up the message from the House of Re¬
presentatives, in relation to the amendment of the Senate,
appropriating money to pay a Deputy-Clerk of the Su¬
preme Court, to the bill of the House of Representatives
" to appropriate money for the support of the Government
for the political years 1852 and 1853,to which the House
of Representatives had still refused to agree, and had ap¬
pointed a Committee of Conference.
Mr. McCune moved that the Senate still insist upon its
amendment, and appoint a Committee of Conference.
Which was lost.
The Senate took up the message from the House of Re¬
presentatives, in relation to the disagreement of the House
to the amendments of the Senate to the bill of the House,
the more effectually to provide for the Education of the
Poor, to which the House had disagreed, and appointed a
Committee of Conference.
On n^otion of Mr. Harman, the Senate insisted on its
amendlrPe&.ts, and appointed a Committee of Conference \
Messrs. Harman, Moore and Knight.
The Senate took up the Message from the House in rela¬
tion to the disagreement of the House to the amendment
of the Senate to the bill of the House, to amend an Act
entitled an Act to alter and amend an Act for the better re¬
gulation of the town of Monticello, in the county of Jasper,
and to extend the limits of the town of Forsyth, and to
authorize the Commissioners to pay a Marshal.
On motion of Mr. Harman, the Senate insisted upon its
amendments, and appointed as a ^Committee of Confer¬
ence Messrs. Harman, Moore and Knight.
The Senate took up the message from the House of Re¬
presentatives, in relation to the amendment of the Senate
to the bill of the House of Representatives, to appro¬
priate money to compensate certain persons therein
named for pursuing and arresting James Williams, who
is charged with the offence of murder, and to reimburse
602 JOURNAL OT TUB
said persons for expenditures in having said James
Williams committed to Jail, aid to appropriate a sum
of money to pay John Mullins a reward paid by him
for the arrest of Alfred Crawford, to which the House of
Representatives had disagreed.
And, on motion of Mr. McCune, the Senate receded
from its amendment.
The bill of the House to pardon James Mouchet, con¬
victed of murder on circumstantial evidence, was taken
up and read the first time.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
change the time of holding the Superior Courts in the
county of Richmond, and the Inferior Court of the county
of Chattooga.
Mr. Calhoun moved to amend by striking out all in re¬
lation to the Inferior Court of the county of Chattooga.
Which was agreed'to.
Mr. Calhoun moved further to amend by adding the
following as an additional section:
Be it further enacted, That the Sessions of the Court
of Common Pleas of the city of Augusta, in the county
of Richmond, shall hereafter be on the first Monday in
March, on the fourth Monday in May, on the first Mon¬
day in September, and on the first Monday in December,
in the present and each succeeding year, until changed by
law, instead of the times heretofore prescribed.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time and passed.
On motion, the Senate adjourned until half-past nine
©'clock to-morrow morning.
TUESDAY, January 20th, 1852.
The Senate met pursuant to adjournment.
Mr. Simmons moved to reconsider so much of the jour¬
nal of yesterday as relates to eke rejection by the Senate
of the bill of the House of Representatives, supplementa¬
ry to an Act entitled an Act to levy and collect a tax for
the political years 1852 and 1853, approved January 9th,
1852.
On which motion, the yeas and nays were required to
be recorded, and are—yeas 20, nays 15.
Those who voted in the affirmative are Messrs.
Anderson, Calhoun, Crocker,
Bethune, Connelly, Farris,
jbhhjltb. 003
Flewellen, Moore, Spalding,
Foster, Mosely, Stroud,
Hicks, Rose, Watters,
Knight, Simmons, "Wellborn.
Lawson, Slaughter,
Those who yoted in. the negative, are Messrs.
Beavers, Gone, Little,
Bryan, Day, McCune,
Butler, Dickinson, McRae,
Philip M. Byrd, Flournoy, Wolfe,
Coffee, Harman, Wright.
So the motion to reconsider prevailed.
The following message was received from the House of
Representatives by Mr. Sturgis, their Clerk:
Mr. President: The House of Representatives has
passed the following bills of the Senate, to-wit:
A Bill to authorize the several Railroad Companies of
this State to establish through rates for the transportation
of produce, &c.
A Bill to incorporate the Columbus and Greenville
Plank Road and Turnpike Company, and the Columbus
and Lanahassee Plank and Turnpike Road Company, and
the Atlanta and Sweet-Water Plank and Turnpike Road
Company.
A Bill to incorporate the Male Academy at Atlanta and
Flint River Academy, and appoint Trustees for the same.
A Bill to incorporate the Baptist Church in Marietta,
and other churches therein named.
A Bill to incorporate a Savings' Bank in the city of Au¬
gusta, and to incorporate and confer certain powers upon
certain associations therein named.
A Bill to alter and amend the Militia Laws of Georgia,
so far as they relate to the 1st Regiment, 1st Brigade, 1st
Division.
A Bill to organize a Volunteer Battalion in the city of
Savannah, to be called the Independent Volunteer Batta¬
lion of Savannah.
A Bill to add lot of land, Ho. 62, in the 7th District,
originally Baldwin, now Twiggs county, to the county ol
"Bibb.
A Bill to incorporate the SweetWater Manufacturing
Company.
A Bill to authorize Rhaesa McCroane to build a bridge
across the Ogeechee River and swamps on his own land
in the counties of Bulloch and Scriven.
A Bill to compensate the Grand and Petit Jurors of the
county of Union.
(504: JOURNAL OF TUB
A Bill to give the election of Marshal and Deputy Mar¬
shal of the city of Atlanta to the people, to authorize their
removal from office in certain cases therein named, and in
those cases to make them ineligible to re-election.
A Bill to incorporate the Barnesville Male and Female
High School and to appoint Trustees for the same.
A Bill to fix the price of Grants for lands in the 10th
and 11th Districts of Ware county, Bold under an Act,
passed the 11th day of February, 1850.
A Bill amendatory of an Act assented to 22d December,
1834, to alter the laws relating to county academies, so far
as relates to the county of Baldwin.
A Bill to amend an Act entitled an Act to incorporate
the Savannah Female Asylum Society in the city of Sa¬
vannah.
A Bill for the relief of Sarah G. Foster and to grant
her certain privileges.
A Bill to alter and change the county line between the
counties of Clarke and Madison, so as to include the land
and residence of Obadiah Thompson, of the county of
Madison, in the county of Clarke.
A Bill to point out and define the mode of service of
writs of Scire Facias.
A Bill to change the names of Martha G. Wilson and
Charles Y. Wilson to the names of Martha G. Caldwell
and Charles Y. Caldwell.
A Bill to change the name of Martha R. Harvey to
Martha R. Dixon.
A Bill to change the name of Eliza Jarratt of Harris
county, to that of Eliza Hatchet.
The House of Representatives has passed the following
bills of the Senate with amendments :
A Bill to incorporate the Coosa and Chattooga River
Railroad Company.
A Bill to incorporate the Town of DeSota, in the coun¬
ty of Floyd.
Mr.McCune moved to reconsider so much of the journal
of yesterday as relates to the action of the Senate in re¬
ceding from its amendments to the bill of the House to
appropriate money for the support of the Government fur
the political years 1852 and 1853.
Which amendment was the appropriation of $500 00 to
pay a Deputy Clerk for the Supreme Court.
On which motion the yeas and nays were required to be
recorded, and are, yeas 17, nays 17.
Those who voted in the affirmative, are Messrs.
Anderson, Butler, Day,
Bethune, Calhoun, Flewellen,
Bryan, Connelly, Flournoy,
BStflTB. 60S
.Foster, Hicks, Moore,
Gnggs, Lawson, Ross.
Harman, McCune,
Those who voted in the negative are, Messrs.
Philip M. Byrd, Kmight, Strond,
Conee, Little, Tumlin, -
Cone, McKae, , Watters,
Crocker, Mosely, Wellborn,
Dickinson, Simmons, Wolfe.
Farris, Slaughter,
The President voting in the affirmative, the motion to
reconsider prevailed.
On motion of Mr. McCune the Message from the House
was then taken.
Mr. McCune moved that the Senate insists upon its
amendment. Which motion was lost.
On motion of Mr. Foster the Secretary was directed to
have five hundred copies of the Census Table printed for
the use of the Senate..
The Senate took up as the Report of the Committee of
the Whole, the bill of the House to incorporate St. Ilia
Plank Road Company.
On motion of Mr. Anderson, the Report was laid on the
table for the present.
The Senate took up and concurred in the amendment of
the House to the bill of the Senate, to incorporate the town
of DeSoto, in the county of Floyd.
The Senate took up and concurred in the amendments
of the House of Representatives to the bill of the Senate
to incorporate the Coosa and Chattooga River Railroad
Company.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives to
authorize George L. Bird of the county of Taliaferro, Fre¬
derick Shaffer of Muscogee,L. D. Wyat of Gordon county,
Leonard T. Battle and Henry L. Hattle of Hancock coun¬
ty, William B. Richards of Lumpkin county, and William
C. Dobbs of Floyd county, to practice Physic on the Ho¬
meopathic system, and to charge and co fleet compensa¬
tion for their services.
Mr. Stroud moved to amend by inserting the word "Le-
ander" in lieu of "Leonard." Which was agreed to.
Mr. Tumlin moved to amend by adding the following as
an additional section:
Be it further enacted, That B. H. C. Bomer of the
county of Cass, be and he is hereby authorized to practice
Physic and charge and receive pay for the same.
Which was agreed to.
606 JOURNAL OF THIS
Mr. "Wright moved to amend by addiug the following
as an additional section:
Be it further enacted, That Daniel B. Head and H. H.
Lumpkin of the county of Carroll, be allowed to practice
medicine and charge for the same.
Mr. Stroud moved to amend the amendment by adding
the name of Frederick Freeman, of Clarke county.
Which was agreed to.
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 required
to be recorded, and are—yeas 26, nays 7.
Those who voted in the affirmative, are Messrs.
Andersom,
Beavers,
Bethune,
Bryan,
BuHer,
Phdip M. Byrd,
Calhoun,
Coffee,
Cone,
Flournoy,
Foster,
Harman,
Knight,
Lawson,
Little,
McCune,
McRae,
Moore,
Mosely,
Ross,
Stroud,
Tumlin,
Watters,
Wellborn.
W#lfc,
Wright.
Those who voted in the negative, are Messrs.
Crocker,
Day,
Dickinson,
Farris,
Griggs,
Hicks,
Simmeus.
So the Bill was passed.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives to ap¬
propriate money for the purposes therein designated.
Mr. Cone moved to amend by adding the following as
an additional section :
And be it further enacted, That the sum of three thou¬
sand dollars, be and the same is hereby appropriated, out
of any money in the Treasury not otherwise appropriated
to aid in opening and improving the navigation of the
Skidaway Narrows, in the county of Chatham, and that
John Deloach, G. J. Goodson, Thomas R. Hines, Allen
Rawls and W. W. Stark, be and they are hereby, author¬
ized to draw and appropriate the said funds, and to fill all
vacancies in said board of Commissioners, where vacancies
may happen by death, resignation or otherwise.
Which was agreed to.
bmsjlts. 607
Mr. McCune moved to amend by adding the following
as an additional section :
Me it further enacted, That the Bum of
dollars be paid to each of the delegates sent by Georgia
to the first Kashville Convention; and the further sum of
dollars for every twenty miles in going to
and returning from the same, and that the Governor draw
his warrant upon the Treasury for the same, upon due
proof of the service.
Mr. McCune moved to fill the first blank in the amend¬
ment with the word " five."
"Which was agreed to.
Mr. McCune moved to fill the second blank in the
amendment with the word " five."
Which was lost.
Mr. McCune then moved to fill the blank with the word
" four."
Which was agreed to.
The question then recurred on agreeing to the amend¬
ment as amended,
On which motion, the yeas and nays were required to
be recorded, and are—yeas 13, nays 21.
Those who voted in the affirmative, are Messrs.
Anderson, Day, Moore,
Beavers, Harman, W atters,
Bethune, Lawson, Wolfe,
Bryan, McCune, Wright.
Butler,
Those who voted in the negative, are Messrs.
Philip M. Byrd,
Calhoun,
Coffee,
Crocker,
Dickinson,
F arris,
Flewellen,
Flournoy,
Foster,
Hicks,
Knight,
Little,
McRae,
Mosely,j|
Boss,
Simmons,
Slaughter,
Spalding,
Stroud,
Tumlin,
Wellborn.
So the motion was lost.
Mr. Anderson moved to amend by adding the following
as an additional section :
Me it further enacted, That the sum of thiee hundred
dollars, be and the same is hereby appropriated to erect a
monument orer the rdmains of Gen. W. tfclntosh which are
interred at the reserve in Carroll county, and that the Gov-
60S JOURNAL OF TUB
ernor eause the same to be put up with suitable inscrip¬
tions.
Mr. Bryan moved to amend the amendment by striking
out the word "three" and inserting the word "six."
Which was lost.
Mr. McCune moved to amend by striking out " three"
and inserting " live."
The question was divided.
The motion to strike out was lost.
The question then recurred on receiving the amend¬
ment,
On which the yeas and nays were required to be record¬
ed, and are—yeas 2d, nays 10.
Those who voted, in the affirmative, are Messrs.
Anderson, Farris, McCume,
Beavers, Flournoy, Moore,
Bethune, Foster, Simmons,
Bryan, Griggs, Slaughter,
Butler, Harman, Spalding,
Coffee, Hicks, Stroud,
Crocker, Knight, Tumlin,
Day, Lawson, Wright.
Those who voted in the negative are Messrs.
Philip M. Byrd, McRae, Watters,
Calhoun, Mosely, Wellborn,
Flewellen, Boss, Wolfe.
Little,
So the amendment was received.
Mr. Lawson moved to amend by adding the following
as an additional section :
And be it also furih&r enacted, That upon presenta¬
tion by the Clerk of the Supreme Court to Ilis Excellency
the Governor, with a fair statement of all State pauper
cases that have been sent up and determined in said Su¬
preme Court, he shall draw his warrant on the Treasury
in favor of said Clerk to be paid out of any money in the
Treasury, not otherwise appropriated, the same amount of
costs in each case as allowed by law in other cases.
On which motion the yeas and nays were required to
be recorded, and are—yeas 21, nays 12.
Those who voted in the affirmative, are Messrs.
Anderson, Day,
Lawson,
SENATE. 600
Beavers, Farris, McCune,
Bethune, Flournoy, Moore,
Bryaa, F oster, Simmons,
Butler, C"rigg8> Slaughter,
Calhoun, Harman, Wolfe,
Crocker, Hicks, Wright.
Those who voted in the negative, are Messrs.
Philip M. Byrd, Little, Stroud,
Coffee, McBae, Tumlin,
Flewellen, Mosely, Watters,
Knight, Boss, Wellborn.
So the motion prevailed.
Mr. Day moved to amend by adding the following as an
additional section :
Be it further enacted, That on account of the distin¬
guished and efficient services of the late Governor, Jared
Irwin, during the Revolutionary war and Indian difficul¬
ties thereafter, wherein he periled his life and spent his
fortune for the go,»d of his country at the time of his coun-r
try's greatest need ; and on account of the distinguished
services of his son, Captain John Irwin, afterwards Gene¬
ral John Irwin, at the battles of Autosee and Calebee, a
suitable Monument be erected under the directions of His
Excellency the Governor, on the public grounds near the
State House in Miiledgeville, in memory of the late Gov¬
ernor, Jared Irwin, and General John Irwin, the father
and son, with suitable inscriptions which shall be worthy
of the State of Georgia, and at the same time do justice
to the characters and eminent services of the illustrious
dead, and that the seme be paid for out of any money in
the Treasury, not otherwise appropriated.
Which was agreed to.
Mr. Flournoy moved to amend by adding the following
as an additional section:
And be it further enacted, That the Monument author¬
ized to be erected by the last Legislature to the memory of
the late Honorable John Forsyth, be erected 011 the public
grounds near the State House.
Which was agreed to.
The Report, as amended, was agreed to.
The Bill was read the third time,
And 011 the question, " Shall this Bill now pass ?" the
yeas and nays were required to be recorded, and are, yeas
21, nays 1±.
Those who voted in the affirmative are. Messrs.
(510 JOUBVAL OF TUB
Anderson, Cone, Knight,
Beavers, Day, Lawson,
Bethune, Farris, McCune,
Bryan, Flournoy, Moore,
Butler, Foster, Spalding,
Calhoun, Griggs, Tumlin,
Coffee, Hicks, "Wright.
Those who voted in the negative, are Messrs.
. Philip M. Byrd, Mediae, Stroud,
Dickinson, Mosely, W atters,
Flewellen, Ross," Wellborn,
Harman, Simmons, Wolfe.
Little, Slaughter,
So the Bill was passed.
On motion the Senate adjourned until 3 o'clock, P. M.
THREB O'Clocx, P. M.
The Senate met pursuant to adjournment.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk :
Mb. President :—The House of Representatives has
passed the following Bills of the Senate, to-wit:
. A Bill to limit tne time for taking out grants to the
States, half of any lot of land fraudulently drawn in any
of the Land and Cold Lotteries of this State, and to pro¬
vide for the granting of the same after the expiration of
said time.
A Bill toy incorporate the Griffin Synodical College, and
to grant to such incorporation certain rights, immunities
and privileges.
A Bill to alter and amend the 1st section of an Act en¬
titled an Act to alter and amend the several Acta in rela¬
tion to Itinerant Traders, and to provide the mode of ob¬
taining License, approved November 27, 1845, so far as
respects the county of Lee.
A Bill to authorize and reqnire the Inferior Court of
Cherokee county to allow the Tax Collector of said coun¬
ty their Insolvent Lists.
A Bill to authorize the Savannah and Ogeechee Canal
Company to extend their Canal to the Altamaha River.
A Bill to change the name of Margaret Jane Brooks to
8KXATB. 611
that of Margaret Jane Chappel, and to make her the heir
at Law of John B. and Margaret W. Chappel.
A Bill to regulate the advertisements of Clerks,Sheriffs,
and other county officers, to provide for the preservation
of Newspapers containing the same, and for other pur¬
poses.
A Bill to alter and chang® the line between the counties
of Lee and Sumter, and other counties therein named.
A Bill to amend the several Acts incorporating the
Oglethorpe University, &c.
A Bill for the relief of the Teachers of poor children of
the county of Hall for the years 1844 and 1846.
A Bill to change the name of John Sheahan of the
county of Chatham to the name of John Theodore Mc¬
Farland, and to allow and qualify tlje said John, under the
name of John Theodore McFarland, to inherit property
from John McFarland of Chatham county.
A Bill to incorporate the Atlanta Lodge, No. 59 ; Perry
Chapter, No. 18, in Perry, Houston county ; Houston
Lodge, No. 35; Thurmond Lodge, No. 107; Lincoln Lodge,
No. 78, Thomaston Chapter, No. 29, and Morning Star
Lodge, No. 27, of Free and Accepted Masons; and Greens¬
boro Division, No. 67, Sons of Temperance; and Ringold
Lodge. No.—of Free and Accepted Masons.
A Bill to limit the lien of Judgments rendered in any
of the Courts of this State.
A Bill amendatory of so much of an Act of the Gene¬
ral Assembly, assented to in 1847, as authorizes the City
Council of Milledgeville to levy and raise a Tax, assessea
on the value of real property owned or lehsed for a term of
. years within the corporate limits of said city, so as to ex¬
tend the time within which to raise an amount to pay
subscription of said city for Stock in the Milledgeville and
Gordon Railroad Company.
The House of Representatives has passed the following
bills of the Senate, with amendments, to which they ask
the concurrence of the Senate:
A Bill to amend an Act, passed 23d of December, 1826,
granting to the corporate authority of the town of Macon a
certain tract of land adjoining said town for the purpose
of preserving the health, so far as to declare the police reg¬
ulations of the city of Macon ot force over said land, and
to alter and amend the 2nd, 6th, 21st, 22nd, 23rd and 34th
sections of an Act entitled an Act to alter and amend the
several Acts incorporating the city of Macon, approved
December the 27th, 1847, so far as to change the time of
holding the city elections in Macon, to amend the act pass¬
ed 22d°day of February, 1850, relating the election of Mar-
shal and Deputies for said city.
A Bill in relation to the issueing of change bills and
€12 JOURNAL OF THE
private banking to punish the same, and to authorize the
Banks of this State to issue bills of certain denominations,,
A Bill to incorporate the village of Cave Spring in the
county of Floyd, and to provide for the Election of Com¬
missioners for the same, and to amend an Act to incorpo¬
rate the Manual Labor School at Cave Spring Yalley, Floyd
county.
The House of Representatives have receded from their
amendment to the Bill of the Senate, to amend the several
acts heretofore passed, incorporating and relating to the
South-Western Railroad Company, and to authorize said
Company to build and maintain a Railroad from the South
Western Railroad at Fort Yalley, crossing the Flint River
at or near a place called Wolf Ren, in the county of Ma¬
con, and there to join the Railroad of the Muscogee Rail¬
road Company.
The House of Representatives have agreed to the amend¬
ments of the Senate, to the following bills of the House of
Representatives, to-wit:
A Bill to provide for the Education of a certain number
of State Cadets in the Georgia Military Institute, &c.
A Bill to change the time of holding the Superior
Courts of the county of Richmond and the Inferior Cuurts
of. the county of Chattooga.
The House of Representatives refuse to concur wth the
Senate in their amendment to the bill of the House of
Representatives, to appropriate and refund to Joseph
Marshall, Tax Collector of Decatur county, a certain sum
of money therein named.
The House of Representatives still refuse to concur with
the Senate in their amendments to the bill of the House of
Representatives, to regulate the practice in Courts oi Law,
and Equity, and define the powers of the same, and have
appointed as a Committee of Conference on their part,
Messrs. Mobley, Thurmond and Seward.
The House of Representatives still refuse to concur with
the Senate in their* amendments to the bill of the House of
Representatives, to alter and amend an Act entitled an
Act to alter and amend an Act for the better regulation of
the town of Monticello, &c., and have appointed as a Com¬
mittee of Conference on their part, Messrs. Trippe, Hill
and Janes,
And they respectfully ask the Senate to do the same.
The House of Representatives have agreed to a Resolu¬
tion requesting the Governor to have Journals of the State
Convention of December, 1850, distributed amongst the
several counties in this State.
To which they ask the concurrence of the Senate.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives, to
SENATE. 613
amend the laws regulating the village of Sparta in the
county of Hancock. •
Mr. Harman moved to amend by adding the following
as an additional section :
Be it further enacted, That Thomas W. Miller, Henry
H. Cumming, Edward F. Campbell, John Milledge, Arte-
mus Gould, Lewis D. Ford, John E. How, and all others
who may associate with them and their successors, be and
they are hereby created and declared to be a body politic/
and corporate, by the name and style of " the Augusta •
Orphan Asylum," with full power and authority to elect
all officers, and make all by-laws, rules and regulations ne¬
cessary to the management of their affairs and the gov-,
ernment of the officers and servants employed by them
with full power and authority to sue and be sued, and to
receive, hold and convey any and all property, money,
and effects that may be given or conveyed to them for the
purposes of their association, and with full power and au¬
thority to receive into tkeir institution orphan children to
control, manage and govern them, provide for their main-
tainance and education, and to bind them out at a suita¬
ble age to some useful trade or calling, until such orphans
become twenty-one years of age."
Which was agreed to.
The Beport, as amended, was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Eeport of the Committee of
the Whole, the bill of the House of Eepresent'atives,1 to
i incorporate the Macon, Perry and Albany Kailroad Com¬
pany, and to confer certain powers and privileges. -
( The Eeport was agreed to.
j The Bill was read the third time and passed.
Il The Senate took up, as the Eeport of the Committee of
jjthe Whole, the. bill of the House of Eepresentatives to
.amend an Act to authorize the Savannah and Albany
Railroad Company to make and use a Plank Eoad and
^branches, in connection with their Eailroad and branches,
1 or in lieu thereof, approved February 21st, 1850, so' as to
/authorize the construction of macademized, graded or
Tlank Eoads, and for other purposes therein specified.
11| The Eeport was agreed to.
!j The Bill was read the third time and passed.
^ Mr, Harman made the following Eeport:
Me. President * The Committee ot Conference to whom
^was referred the disagreement ot the House to amend¬
ments of. the Senate to the.Sd, 4th and 5th sections of the
^hill from the House entitled an Act th^ more effectually
provide for the education of the poor have had the
'arne Under consideration and beg leave to recommend,
" hat the Senate recede from it3 amendment stiiking out
0 4Qr
614
JOU-RNAXi OP THB
the 4th section, and that the 3d and 5th sections stricken
out by the Senate be retained, and a proviso added to the
same, that the returns of poor children in the counties
mentioned in the 3d and 5th sections, shall be made in the
manner and under the oath prescribed in said Act, and
that the Ordinary in each of those counties retain his per
centum for receiving the State fund, but not for disbursing,
&c.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
incorporate the Dade county Turnpike Company and to
grant certain privileges to the same.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
authorize the Superior Court of Baker county to be held
such time as may be necessary to do the business and reg¬
ulate the service of Jurors in said county.
The Report was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
reduce the bond of the Sheriff of Muscogee county from
|40,000 to $25,000. .
Which on motion of Mr. Little was postponed indefi¬
nitely ;
The bill of the House of Representatives to pardon Jas.
Mouchet, convicted of murder on circumstancial evidence,
was taken up, read the second timd and referred to the
Committee of the Whole.
The Senate took up the Message from the House of Rep-
resentarives in relation to the amendment of the Senate to
the bill of the House of Representatives, to appropriate
and refund to Joseph Marshall, Tax Collector of Decatur
county, a certain sum of money therein named.
To which the House of Representatives had disagreed.
And on motion of Mr. Moore, the Senate insisted on its
amendment.
The Senate toak up the Message from the House of Rep¬
resentatives, in relation to the amendment of the House of
Representatives by way of substitute, to the bill of the Sen¬
ate, to incorporate the village of Cave Spring in the coun¬
ty of Floyd, and to provide for the election of Commis¬
sioners for the same, and to amend an Act entitled an Act
to incorporate the Manual Labor School at Care Spring,
Vann's Valley, Floyd county, Georgia, asserted to 21st
December, 1839.
Mr. Foster moved that the Senate disagree to the amend¬
ment of the House gf Representatives,
SEKATB. 615 '
On which motion, the yeas and nays were required to
he recorded, and are yeas 17, nays 16.
Those who Yoted in the affirmative, are Messrs.
Anderson, llarman, Stroud,
Beavers, Lawson, W atters,
Bryan, McRae, Wellborn,
Philip M. Byrd, Mosely, Wolfe,
Connelly, Ross, Wright.
Poster, Simmons,
Those who voted in the negative, are Messrs.
Bethune, Crocker, Little,
Butler, Dickinson, McCune,
Calhoun, Farris, Moore,
Chappell, Flewellen, Slaughter,
Coffee, Flournoy, Turnlin.
Cone,
So the motion prevailed.
The Senate took up the Message from the House of Rep¬
resentatives in relation to the amendments ot the House of
Representatives to the bill of the Senate, in relation to
the issuing of change bills and private Banking, to punish
the same, and to authorize the Banks of this State to issue
hills of certain denominations.
And on motion of Mr. Moore, the Senate concurred in
the amendments of the House of Representatives.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
authorize Elijah J. Dupree of the county of Paulding, a
minor, to transact his own business in the same manner
and subject to the same responsibilities as though he was
of full age, and for other purposes.
The Report was agreed to.
The bill was read the third time and passed.
On motion of Mr. Foster, the Senate took up and con¬
curred in the Report heretofore made by the Select Com¬
mittee in relation to the Iron interest of the State of Geor¬
gia.
The Senate took up and concurred in the following Re¬
solution of the House of Representatives :
Resolved, by the Senate and House of Representatives
of the State of Georgia in General Assembly met, That
His Excellency the Governor is hereby requested to have
distributed among3t the several counties, the Journal of
the State Convention of December, 1850, in pursuance of
a Resolution of said Convention.
616
journal of the
The Senate took up the reconsidered bill of the House
of Representatives, supplementary to an Act entitled an
Act to levy and collect a Tax for the political years 1852
and 1853, approved January 9th, 1852.
And on the question, w Shall this Bill now pass!" the
yeas and nays were required to be recorded, and are,
yeas 18, nays IB.
Those who voted in affirmative, are Messrs.
Anderson, Flewellen, Mosely,
Bethune, Foster, Ross,
Calhoun, Hicks, Simmons,
Connelly,] Knight, Slaughter,
Crocker, Lawson, Stroud,
Farris, Moore, "Wellborn.
Those who voted in the negative, are Messrs.
Beavers, Coffee, McCune,
Bryan, Cone, McRae,
Butler, Day, Tumlin,
Philip M. Byrd, Flournoy, Wolfe,
Chappell, Harman, W right.
So the Bill was pas?e 1.
Mr. Moore made the following Report :
Mr. President : The Committee of Conference to whom
was referred the Senate's amendment to a bill to be enti¬
tled an Act to amend an Act to 'alter and amend an Act
for the better regulation of the town of Monticello in the
county of Jasper and to extend the limits of the town of
Forsyth, and to authorize the Commissioners to pay a Mar¬
shal, have had the same under consideration, and recom¬
mend the Senate to recede from its amendments to said
bill.
On motion of Mr. Moore, the Report was taken up.
Mr. .Moore moved to agree to the Report,
Which was lost.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled, and ready for the signature of
the President of the Senate:
An Act for the relief of Sarah G. Foster of Butts coun¬
ty, and to grant her certain privileges.
An Act to fix the price of grants for lands in the Tenth
and Eleventh Districts of Ware county, sold under an Act
passed the 11th day of February, 1850.
SENATE. 617
An Act to define And point out the mode of service of
. writs of Scire Facias.
An Act to change the names of Martha G. Nelson and
i names of Martha G, Caldwell -
and Charles Y. Caldwell.
An Act to add lot of land. No. 62, in the seventh Dis¬
trict, of originally Baldwin, now Twiggs county, to the
. county of Bibb. J
An Act to alter and change the county line between the
counties of Clarke and Madison, so as to include the land
and residence of Obadiah Thompson, of the county of
Madison, in the county of Clarke.
.An Act to authorize the several Railroad Companies of
this State to establish through rates for the transportation
and conveyance of produce, merchandize and passengers,
over their respective Roads jointly.
An Act to change the name of Eliza Jarrett, of Harris
county, to that of Eliza Hatchett.
An Act to change the name of Martha R. Harvey to
Martha R. Dixon.
An Act to compensate Executors, Administrators and
Guardians in certain cases.
An Act to incorporate the Barnesville Male and Female
High School, and to appoint Trustees for the same.
An Act to incorporate the Sweet Water Manufacturing
Company.
An Act to repeal so much of an Act entitled an Act to
change the names and legitimatize the persons therein
named, and for other purposes, approved February 16th,
1850, so far as relates to the change of the name of Wm.
Hadaway.
An Act to incorporate the Baptist Church in the town of
Marietta, in the county of Cobb, and appoint Trustees for
the same; also, to incorporate Pisgah Baptish Church, in
the county of Floyd; also, to incorporate the Baptist
Church of Christ in Fayetteville, Fayette county, and to
appoint Trustees for the same.
An Act to incorporate a Saving's Bank in the city of
Augusta, and to incorporate and confer certain powers
upon certain associations therein named.
An Act to alter and amend the Militia Laws of Geor¬
gia, so far as they relate to the First Regiment, 1st Brigade,
1st Division, Georgia Militia.
An Act to compensate the Grand and Petit Jurors of
the-county of Union.
An Act to give the election of • Marshal and Deputy
Marshal ot the city of Atlanta to the people; to authorize
their removal from office in certain cases therein named,
and in those cases to make them inelligible to re-election.
An Act to authorize Rhaesea McCroane, of the county
618
journal OT THE
of Bulloch, him, his heirs and assigns, to build a bridge
across the Great Ogeechee river, on his own land, near
the seventy mile station, Central Bailroad, and to construct
a crossway through the swamp of said river.
An Act to incorporate the Male Academy at Atlanta,
and Flint River Academy in Upson county, and to appoint
Trustees for the same.
An Act to extend the charter of the Augusta Insurance
and Banking Company.
An Act to alter and amend the fourth section of the
eleventh division of the Penal Code.
An Act to organize a Yolunteer Battalion in the city of
Savannah, to be called the Independent Yolunteer Batta¬
lion of Savannah.
The Bill of the House of Representatives to authorize
¥m. McKinny, Thomas Kelly and H. W. Cannon to ap¬
point some fit and proper person, in lieu of O. T. Bicker-
son, should they deem such a course necessary, to survey
the 1st and 2d districts of Rabun county,
Was taken up, read the second time, and referred to the
Committee of the Whole.
On motion, the Senate adjourned until half-past soven
o'clock, P. M.
Half-past Seven o'Clock, P. M.
The Senate met pursuant to adjournment.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President : The House of Representatives has
passed the following bills of the Senate:
A Bill to incorporate the Institution for the promotion
of Moral and Thological Information, &c.
A Bill to incorporate Fraternal Lodge, Ho. 37, of Free
and Accepted Masons, at McDonough, and other Lodges
therein named.
Also, a Bill to be entitled an Act to authorize the Jus¬
tices of the Inferior Court of Cobb county to cause a new
Court House to be built in said ceunty, and for other pur¬
poses therein named.
Also, a Bill to be entitled an Act to authorize a grant to
issue to Henry S. Roberts for a certain lot of land, and
for other purposes.
Also, a Bill to be entitled an Act to extend the corporate
limits of the town of Eatonton, to regulate licenses there¬
in, to fix the time for election of Commissioners, and for
other purposes.
KHNATO. 619
Also, a Bill to incorporate Mount Zion Academy in the
county of Murray, and the Hawkinsville Academy, and
to appoint Trustees therefor, and the Fort Valley Female
Seminary or High School.
^ Also, a Bill to be entitled an Act to amend an Act en¬
titled an Act to lay off and divide the State into eight
Congressional districts, &c.
Also, a Bill to incorporate the Ranier House Company
at Macon.
Also, a Bill to alter and amend an Act entitled an Act
to protect the estates of Orphans, and to make permanent
provisions for the poor, approved December 18th, 1792,
so far as relates to the amount of the bond to be given by
administrators; also, to authorze the sale of real estate of
free persons of color, and to provide lor the distribution
of the proceeds.
The House of Representatives have passed the follow¬
ing bills of the Senate, with amendments :
' A Bill to authorize the Commissioners of public roads
of Chatham county to shut up permanently the Creek be¬
tween Whitemarsh and Oatlands Islands.
A Bill to alter and fix the time of holding the Superior
Courts of the Flint and Coweta districts, to allow a longer
time for holding a part of said eourts, and authorize the
drawing other Juries for a part of them, and to fix the
time of holding the Inferior Court in Upson, Pike and
Spalding.
A Bill to exempt certain citizens of Pike county from
the performance of road duty in certain cases and upon
certain conditions; and also, to encourage Yolunteer
Companies in said eounty, and for other purposes.
A Bill to amend the several Acts heretofore passed in
this State, incorporating the Brunswick and Florida Rail¬
road Company, and the several Acts amendatory thereto.
A Bill to amend an Act entitled an Act amendatory of
and in addition of the various Acts heretofore passed in
reference to the city of Savannah, approved December
8th. 1849, to allow an appeal to a special Jury in the Su¬
perior Court of Chatham county from any decision made
under the sixth section of that Act; and also, to provide
for the registry of the names of all persons entitled to
vote for Mayor and Aldermen of said city, and to pre¬
vent persons to vote for said Mayor and Aldermen whose
names are not registered.
A Bill to require persons applying for a Writ ol Habeas
Corpus cid suhoiendum in any State case, to give the pro-
secuter notice of the time and place wheii said applica¬
tion will be heard.
The House of Representatives have concurred with the
620 JOURNAL OF THB
%
Senate in their amendments to the following hills of the
House of Representatives, to-wit:
A Bill to amend the laws regulating the village of
Sparta, in the county of Hancock.
A Bill to authorize George L. Bird and others to prac¬
tice Physic on the Homoepathic system, and for other pur¬
poses.
The House of Representatives refuse to concur with the
Senate in their amendments to the bill of the House of
Representatives to appropriate money for the purposes
therein designated.
The House of Representatives have agreed to the Re¬
port of the Joint Committee of Conference appointed in
relation to the amendments of the Senate to the Bill of the
House of Representatives, " the more effectually to pro¬
vide for the Education of the Poor."
The House of Representatives still refuse to concur with
the Senate in their amendments to the bill of the House of
Representatives, to appropriate and refund to Joseph Mar¬
shall, Tax Collector of Decatur county, a certain sum of
money therein specified, and have appointed as a Commit¬
tee of Conference on their part, Messrs. Clark, of Ogle¬
thorpe, Hussey and Chastain, and respectfully ask the
Senate to do the same.
The Senate took up the Report of the Joint Committee
of Conference in relation to the amendments of the Senate
to the bill of the House of Representatives, to provide
more effectually for the Education of the Poor, to which
the House of Representatives had disagreed.
On motion of Mr. McCune, the Senate agreed to that
part of the Report relating to the fourth section.
On motion of Mr. Wellborn, the Senate agreed to that
part of the Report in relation to the third and fifth sec¬
tions, and the proviso thereto.
On motion of Mr. Coffee, the Senate agreed to the re¬
maining portion of the Report.
On motion of Mr. Harman, the Senate took up and con¬
curred with the House in the amendments by the House
to the bill of the Senate, to amend an Act passed the 23d
day of December, 1826, granting to the corpoiate autho¬
rity of the town of Macon a certain tract of land adjoin¬
ing said town, for the purpose of preserving the health,
so far as to declare the police regulations of the city of
Macon of force over said land, and to alter and amend
the 2d, 6th, 21st, 22d, 23d and 34th sections of an Act
entitled an Act to alter and amend the several Acts incor¬
porating the city of Macon, approved December 27th,
1847, so far as to change the time of holding the city elec¬
tions in Macon, to amend the Act passed the 22d day of
BENJLTE. 621
February, 1850, relating to the election of Marshal and
.Deputies for said city.
The Senate took up the message from the House of Re¬
presentatives in relation to the amendments of the House
°u ~^Pres^n^a^ves the bill of the Senate, to authorize
the Commissioners of Public Roads of Chatham county
to shut up permanently the creek between "VVhitemarsh
and Oatlands Islands.
On motion of Mr. Anderson, the amendments being
amended, were concurred in.
The Senate took up the message from the House in rela¬
tion to the disagreement of the House to the amendments
by the Senate to the bill of the House to appropriate and
refund to Joseph Marshal, Tax Collector, of Decatur coun¬
ty, a certain sum of money therein named.
And on motion of Mr. Dickinson, the Senate receded
from its amendments.
The Senate took up and coneurred in the amendment of
the House of Representatives to the bill of the Senate, to
exempt certain citizens of Pike county from the perform¬
ance of militia duty in certain cases, and upon certain con¬
ditions, and also to encourage Yolunteer Companies in
said county, and for other purposes.
The Senate took up the message from the House of
Representatives in relation to the amendment of the
House of Representatives to the bill of the Senate, to re¬
quire persons applying for a writ of habeas corpus, ad-
subjiciendum in any State case to give to the pros¬
ecutor notice of the time and place when said application
will be heard.
And on motion of Mr. Harman, the Senate disagreed to
the amendment of the House.
The Senate took up and concurred in the amendments
by the House to the bill of the Senate, to amend an act
entitled an act amendatory of; and in addition to the va¬
rious acts heretofore passed in reference to the city of Sa¬
vannah, approved December 8th, 1819, to allow an appeal
to a Special Jury in fhe Superior Court of Chatham coun¬
ty, from any decision made under the 6th tsection of that act,
and also, to provide for registry of the names of all per¬
sons entitled to vote for Mayor and Aldermen of said city,
and to prevent persons from voting for such Mayor and
Aldermen whose names are not registered.
The Senate took up the message from the House in re¬
lation to the amendment of the House to the bill of the
Senate, to alter and fix the times of holding the Superior
Courts in the Flint and Coweta Districts to allow a longer
time for holding a part of said Courts and to authorize the
drawing other Juries for a part of them, and to fix the
622
journal of the
time of holding the Inferior Courts in Upson, Pike and
Spalding.
On motion of Mr. Calhoun, the Senate disagreed to the
amendment.
The Senate took up the message from the House of Rep-
resentatives in relation to the disagreement of the House
of Representatives to the amendments of the Senate to
the bill of the House of Representatives, to appropriate
money for the purposes therein designated.
Mr. Cone moved that the Senate insists on its amend¬
ments.
On which motion the yeas and nays were required to he
recorded, and are—yeasl3 , nays 19.
Those who voted in the affirmative, are Messrs.
Anderson, Crocker, Lawson,
Beavers, Hj^t, McCune,
Bryan, Farris, Slaughter,
Butler, Hicks, Wright.
Cone,
Those who voted in the negative, are Messrs.
P. M. Byrd, Griggs, Ross,
Calhoun, Harman, Simmons,
Chappell, Little, Stroud,
Coflee, McRae, Tumlin,
Dickinson, Moore, W atters,
Flewellen, Mosely, W ellborn.
Flourhoy,
So the motion was lost, and the Senate receded from its
amendments.
On motion, the Senate adjourned until half past 9 o'clock
to-morrow morning.
WEDNESDAY, January 21st, 1852.
The Senate met pursuant to adjournment.
On motion of Mr. Flournoy, the Senate reconsidered so
much of the Journal of yesterday as relates to the inde¬
finite postponement of the bill of the House of Represen¬
tatives to reduce the bond of the Sheriff of Muscogee
county from $10,000 to $25,000.
Mr. McCune moved to reconsider so much of the Jour-
SENATE. 623
nal of yesterday as relates to the action of the Senate in
refusing to concur in the amendments by the House of
.Representatives to the bill of the Senate to incorporate
the village of Cave Spring, in the county of Floyd, and
to provide for the election of Commissioners for the same,
and to amend the Act entitled an Act, to incorporate the
Manual Labor School at Cave Spring, Yann's Yalley,
Floyd county, Georgia, assented to 21st December, 1839.
On which motion the yeas and nays were required t®
be recorded, and are—yeas 20, nays 13.
Those who voted in the affirmative, are Messrs.
Anderson, Day, McRae,
Bryan, Farris, Moore,
Butler, Flewellen, Mosely,
Calhoun, Flournoy, Slaughter,
Chappell, Hicks, Tumlin,
Cone, Little, Wellborn.
Creoker, McCune,
Those who voted in the negative, are Messrs.
Beavers, Griggs, Simmons,
John L. Bird, Harman, Stroud,
Philip M. Byrd, Lawson, Watters,
Coffee, Ross, "Wright.
Foster,
So the motion to reconsider prevailed.
The following Message was received from the House of
Representatives by Mr. Sturgis, their Clerk :
Mr. President : The House of Representatives have
passed the following bills of the Senate, to-wit:
A Bill to incorporate Attapulgus Female Academy, the
Crawfordville Academy, and the Starkeville Academy.
A Bill to authorize his Excellency the Governor to cause
to be corrected errors in the transcription of Grants in the
office of Secretary of State, upon conditions therein
named. _ j t «
A Bill to alter and amend the Road Laws, so tar as
they refer to Mcintosh county.
A Bill to prevent evading the payment of Tolls on
Plank Roads in the State of Georgia.
A Bill to amend an Act to incorporate the town of
Americus, in the county of Sumter, assented to December
22d, 1852'.
A Bill to alter and amend an Act entitled an Act to in-
624: JOmUTAL OF TUB
corporate the New York a ad Savannah Steam Navigation
Company.
The lionse of Representatives has passed the following
hills of the Senate, with amendments :
A Bill to incorporate the Laurenceville Railroad Com¬
pany.
Also, a Bill to incorporate the Indian Spring Railroad
Company.
Also, a Bill to revive and continue in force an Act to
make permanent the public buildings in the county of
"Walker, at the town of Chattooga, to incorporate said
town, and appoint Commissioners for the same, assented
to the 22d day of December, 1835 ; and also to define the
corporate limits of said town of Chattooga, now Lafayette,
in the said county of Walker.
The House of Representatives have concurred in the
amendment of the Senate to the bill of the House entitled
an Act supplementary to an Act entitled an Act to levy
and collect a Tax for the political years 1852 and 1858,
approved January 9th, 1852.
The House of Representatives have concurred with the
Senate in a Report and Resolution on the Memorial of A.
M. D. King, in relation to the settlement of a debt due by
him to the Central Bank of Georgia.
Mr. Simmons, from the Committee on Enrollment, re¬
ported as duly enrolled and ready for the signature of
the President of the Senate, the following Acts, to-wit:
An Act to change the name of John Sheahan, of the
county of Chatham, to the name of John Theodore Mc-
Earland, and qualify the said John under the name of
John Theodore McFarland to inherit property from John
McFarland, of Chatham county.
An Act to authorize the Justices of the Inferior Court
of Cherokee county to examine and allow the Tax Collec¬
tor of said county their insolvent lists.
An Act to authorize the Savannah and Ogeechee Canal
Company to extend the Savannah and Ogeechee Canal to
the Altamaha river.
An Act amendatory of an Act assented to 22d Decem¬
ber, 1834, to alter the laws relating to County Academies,
so far as relates to the county of Baldwin.
An Act to incorporate the Columbus and Greenville
Plank Road and Turnpike Company, and the Columbus
and Lannahasse Plank and Turnpike Road Company, and
the Atlanta and Sweet Water Plank and Turnpike Road
Company, and for other purposes therein mentioned.
An Act to extend the corporate limits of the town of
. Eatonton, to regulate the licenses therein, and to change
the time of electing Commissioners, and for other pur¬
poses.
SENATE. 625
An Act amendatory of so much of an Act, passed by the
Legislature of 1849, as authorizes the City Council of Mil-
ledge ville to levy and raise a Tax on the assessed value of
the real property, owned or leased, for a term of years,
within the corporate limits of said city, so as to extend
th.6 time within which to raise an amount to pay the sub-
scription for stock in the Milledgeville and Gordon Rail¬
road.
An Act to incorporate Atlanta Lodge, No. 59 ; Perry
Chapter, No. 18, in the town of Perry, Houston county ;
and Houston Lodge, No. 85; and Thurmond Lodge, No.
107; and Lincoln Lodge, No. 78 ; and Thomaston Chap¬
ter, No. 29 ; and Morning Star Lodge, No. 27, of Free
and Accepted Masons ; and Greensborough Division, No.
67, Sons of Temperance; and Ringgold Lodge, No. —,
of Free and Accepted Masons.
An Act to incorporate the town of De Soto, in the county
of Floyd.
An Act to alter and change the line between the coun¬
ties of Lee and Sumter, so that lot of land, number 53, in
the 15th district of Sumter, whereon Moses W. Bryan re¬
sides, shall be added to the county of Lee, and to change
the lines between the counties of Lumpkin and Hall, be¬
tween the counties of Cobb and Cherokee, and other lines
therein named.
An Act to alter and amend an Act entitled an Act to
protect the estates of Orphans, and to make permanent
provisions for the Poor, approved December 18th, 1792,
so far as relates to the amount of the bond to be given by
Administrators ; also, to authorize the sale of real estate
of free persons of color, and to provide for the disposition
of the proceeds.
An Act to limit the time for taking out grants to4 the
State's half and informer's half, of any lot of land fraudu¬
lently drawn in any of the Land and Gold Lotteries of
this State, and to provide for the granting of the same
after the expiration of said time.
An Act to regulate the advertisements of clerks, sheriffs,
and other State and county officers, and to provide for the
preservation of the newspapers containing said advertise¬
ments, and for other purposes.
An Act to amend an Act entitled an^Act to incorporate
the Savannah Female Asylum of the city of Savannah.
An Act to authorize a grant to issue to Henry S. Rob¬
erts, illegitimate of Swain's district, Emanuel county, to
lot of land number one hundred and two of the fourteenth
district, second section, of originally Muscogee county,
and to correct the record in the different offices in relation
to said lot of land, so as to make it appear that said lot of
land was drawn by said Ilenry S. Roberts, instead of
626
jourmrAX or thb
Sarah Roberts, as it now stands, and to authorize the can¬
celling and fdestruction of the grant now in existence
from the State to said Sarah Roberts, illegitimate.
Mr. Anderson asked and obtained leave of absence for
Mr. Slaughter for the balance of the session after 2 o'clock,
P. M.
The Senate took up the message from the House in re¬
lation to the disagreement of the House to the amend¬
ments of the Senate to the bill of the House, to regulate
practice in courts of Law and Equity, and define the
powers of the same.
And, on motion of Mr. Moore, the Senate insisted upon
its amendments, and appointed a Committee of Confer¬
ence, consisting of Messrs. Moore, Harman and Foster.
The Senate took up and concurred in the amendment
of the House of Representatives to the bill of the Senate,
to amend the several Acts heretofore passed in this State,
incorporating the Brunswick and Florida Railroad Com¬
pany, and the several Acts amendatory thereof.
The Senate took up the message from the House of Re¬
presentatives, in relation to the amendment of the House
of Representatives by way of substitute, to the bill of the
Senate to incorporate the village of Cave Spring, in the
county of Floyd, and to provide for the election of Com¬
missioners for the same ; and to amend an Act entitled an
Act to incorporate the Manual Labor School at Cave
Spring, Yann's Yalley, Floyd county, Georgia, assented
to 21st December, 1839.
Mr. McCune moved that the Senate concur in the
amendment of the House of Representatives.
On which motion the yeas and nays were required to
to be recorded, and are—yeas 16, nays 13.
Those who voted in the affirmative are Messrs.
Anderson, . Crocker, Mosely,
Butler, Farris, Ross,
Calhoun, Little, Slaughter,
Chappell, McCune, Tumlin,
Cone, Moere, Wellborn.
Connelly,
Those who voted in the negative, are Messrs.
Beavers, Foster, Simmons,
John L. Bird, Griggg, Stroud,
Coffee, Harmaa, Waiters,
Dickinson, Lawson, Wright.
Flournoy,
So the Senate ooncurred in the amendment.
SBHATB.
027
The Senate took up and concurred in the amendment of
the House to the bill of the Senate, to incorporate the In¬
dian Spring Railroad Company.
The Senate took up and concurred in the amendment of
the House to the bill of the Senate, to incorporate the
Laurenceville Railroad Company.
Mr. Tumlin, from the Committee on Engrossed Jour¬
nals, made the following Report:
The Committee on Engrossed Journals beg leave to re¬
port that they have examined the Journal up to the pre¬
sent time, and have found it neatly, faithfully and correctly
kept, without the improper omission or insertion of a single
word, as they have discovered. By reason of the amount
of business done during the present session, your commit¬
tee is satisfied that the Recording Clerk cannot complete
his Journal in less than thirty-five days, and they there¬
fore recommend that that number of days be allowed.
Your committee further recommend that ten days be
allowed the Secretary and Assistant Secretary, to bring up
the unfinished business, label and file away the Bills, Re¬
solutions, &c., of the Senate.
On motion, the Report was taken up and agreed to.
The Senate took up and concurred in the amendment of
the House of Representatives to the bill of the Senate, to
revive and continue in force an Act to make permanent
the public buildings in the county of Walker, at the town
of Chattooga, to incorporate said town, and appoint Com¬
missioners for the same, assented to the 22d day of De¬
cember, 1835; and also, to define the corporate limits of
said town of Chattooga, now LaFayette, in said county of
Walker.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
change the boundary line between the counties of Greene
and Taliaferro.
Mr. Wright moved to postpone the bill indefinitely.
On which motion the yeas and nays were required to
be recorded, and are yeas 22, nays 10.
Those who voted in the affirmative, are Messrs.
Dickinson,
Farris,
Flewellen,
Foster,
Beavers,
Calhoun,
Chappell,
Hay,
Griggs,
Hicks,
Lawson,
Little,
McRae,
Moore,
Mosely,
IS?
Ross,
Simmons,
Slaughter,
Stroud,
Waiters,
Wellborn,
Wright.
628 JOTTKNAli OF THB
Those who voted in the negative, are Messrs.
Bethune, Cone, Flournoy,
John L. Bird, Connelly, Harman,
Philip M. Byrd, Crocker, Tumlin.
Coffee,
So the motion prevailed.
The Senate took up, as the Report of the Committee of
the Whole, the'bill of the House of Representatives to
pardon James Mouchet, convicted of murder on circum¬
stantial evidence.
Mr. McCune moved to amend by adding the following
proviso :
Provided said convict shall not be discharged until sat¬
isfactory proof is given to the Governor that he will be
taken care of, and at the same time prevented from doing
hurt or damage to any person.
Which was lost.
The Report was agreed to.
The bill was read the third time and passed.
The Senate took up as the Report of the Committee of
the Whole, the bill of the House of Representatives to
reduce the bond of the Sheriff of Muscogee county from
forty thousand dollars to twenty-five thousand dollars, and
to extend the provisions of an Act entitled an Act to allow
certain fees to the Sheriffs of Chatham county, approved
January 18th, 1850, to the Sheriff of Muscogee county.
Mr. Flournoy moved to amend by adding to the caption
and the end of the first section, the following words, to-
wit:
" So far as to allow to the said Sheriff of Muscogee
county one-half of the fees allowed to the Sheriff of Chat¬
ham by the said Act of 1850.
Which was agreed to.
The Report as amended was agreed to.
The Bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives
to incorporate the St. Ilia Plank Road Company.
The Report was agreed to.
The bill was read the third time and passed.
The Senate took up, as the Report of the Committee of
the Whole, the bill ot the House of Representatives to
authorize William McKenny, Thomas Kelly and H. W.
Cannon to appoint some fit and proper person in lieu of
O. T. Dickerson, should they deem such a course neces-
• sary, to survey the 1st and 2d districts of Rabun county.
The Report was agreed to.
The Bill was read the third time and passed.
SENATE* 029
On motion of Mr McOune, the Senate took up the Re¬
port heretofore made by the Committee on the State of
u r?!ation to existing between
the States ot Florida and Georgia.
i-i.~^t> -^^une in the chaii:, Mr. Miller moved to ao-ree to
the Report. °
On which motion, the yeas and nays were required to
be recorded, and are, yeas 21, na^s 6.
Those who voted in the affirmative, are Messrs.
Anderson, Connelly, Moore,
Bethune, Farris, Mosely,
Bryan, Flewellen, Ross,
John L, Bird, Foster, Simmons,
Calhoun, Hicks, Slaughter,
Chappell, Lawson, Stroud,
Coffee, Little, Tumlin,
Cone, McRae, Wellborn.
Those who voted in the negative, are Messrs.
Butler, Flournoy,. McCune,
Hay, Iiarman, Wright.
So the Report was agreed to.
"Mr. Simmons, from the Committee on Enrollment, re-',
ported as duly enrolled and signed by the Speaker of the
House of Representatives and ready for the signature of
the President of the Senate:
An Act to amend an Act entitled an Act to autho¬
rize all the free white citizens of the State of Georgia, and
such others a3 they may associate with them, to prosecute
the business of manufacturing with corporate powers and
privileges, passed on the 22d- day of December, 1847j so'
far as the Hancock Manufacturing Company is concerned,
and to incorporate said Company, and to grant • to said
Company certain privileges; to incorporate and confer cer¬
tain powers upon certain Gas Light Companies in Augusta
and Macon.'
Also, an Act to change the names and legitimatize the
persons therein named, and for other purposes.
Also, an Act to incorporate a Bank- in the town" of La-,
Grange, to be called the LaGrange Bank. k
Also an Act to carry into effect the amended Constitu¬
tion of'this State in reference to the Ordinaries of said-
State, and for other purposes.
Also an Act to incorporate'the Ro ne Branch, Magnetic.
Telegraph Company.
630 journal op thb
Also, an Act to incorporate the Central Female College,
under the care of the Methodist Protestant Church, Geor¬
gia District, located in Culloden ; <and to incorporate Mount
Vernon Academy, in Butts county.
Also, an Act to provide for the education of a certain
number of State Cadets in the Georgia Military Institute,
to defray the expenses of the same, and for other purposes
therein mentioned.
Also, an Act to incorporate certain Churches, Camp
Grounds, Academies, Masonic Lodges, Divisions of Sons
of Temperance, Odd Fellows' Lodges, and other associa¬
tions, and for other purposes therein named.
Also, an Act to require all Wills of personal property to
be executed and proved in the same manner as is now pre¬
scribed by law for the execution and proof of devises of
Real Estate.
Also, an Act to establish, change, and abolish certain
election precincts therein named.
Mr. Flournoy laid on the table the following preamble
and Resolution, which was taken up, read and agreed to:
Whereas, the sum of one thousand dollars was appro¬
priated by the last Legislature to erect a monument over
the remains of the late Hon. John Forsyth ; and whereas,
it is both desirable and appropriate that said monument
be erected within the borders of the State of Georgia:
Be it therefore Resolved by the Senate and House of
Representatives of the State of Georgia, in General As¬
sembly met, That his Excellency the Governor be and he
is hereby authorized to cause to be erected on the Public
Grounds, near the State House, a suitable Monument to
the memory of our late distinguished fellow citizen, the
Hon. John Forsyth.
Mr. Moore made the following Report:
The Committtee of Conference, to whom was referred
the Senate's amendments to a bill of the House, to be en¬
titled an Act, to regulate the practice in Courts of Law and
Equity, and define the powers of the same, have had said
amendments under consideration, and recommend that
the House concur in the amendment of the Senate, strik¬
ing out the first clause of the first section of said bill, that
the Senate recede from its amendment, striking out the
second clause of said first section, and that the House
concur in the Senate's amendment to the second section
of said bill.
On motion of Mr. Moore, the Report was taken up and
agreed to.
Mr. Wright moved to take up the Resolutions hereto¬
fore laid on the table by him in relation to the nomination
of the Hon. James Buchanan as a candidate for the Presi-
sb2ta.th. ^31
deacy;, and the Hon. William R. King, as a candidate for
the Yice-Presidency.
On ^hich motion the yeas and nays were required to
be recorded, and are, yeas 13, nays 17.
Those who voted in the affirmative, are Messrs.
Anderson, Foster, Slaughter,
Bethune, Harman, Watters,
Bryan, Lawson, Wellborn,
Butler, McCune, Wright.
Bay,
Those who voted in the negative, are Messrs.
John L. Bird, Farris, Moselv,
Calhoun, Flewellen, Ross,"
Chappell, Flournoy, Simmons,
Cone, Little, Stroud,
Connelly, McRae, Tumlin.
Crocker, Moore,
So the motion to take up was lost.
On motion of Mr. Flournoy, leave of absence was
granted to Mr. Simmons for the balance of the session after
to-day.
On motion, the Senate adjourned until 3 o'clock, P. M.
Thkbb o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Bethune laid upon the table the following Resolu¬
tion, which was taken up, read and agreed to:
Resolved, That the Secretary of the Senate append to
the Journal of the present session the rules of the Senate,
and that they be printed with the Journal.
The Senate took up, as the Report of the Committee of
the Whole, the bill of the House of Representatives to
authorize any of the Alabama Railroad Companies of the
State of Alabama to extend their contemplated Railroads
from the Alabama line, so as to intersect the Nashville
and Chattanooga Railroad, and to grant the right of way
in this Statey and certain other privileges, and for other
purposes.
And, on motion of Mr. Moore, the same was referred to
632 JOURNAL OF THE
a Select Committee consisting- of Messrs. Moore, Tumlin
and Foster.
The following message was received from the Honse of
Representatives through Mr. Sturgis their Clerk :
Mr. President : The House of Representatives has
passed the following bills of the Senate :
A Bill to confer certain privileges upon certain persons
therein named, and for other purposes therein mentioned.
Also, a Bill amendatory of the general Road Laws of
this State, so far as relates to the county of Baldwin.
Also, a Bill to incorporate the Laurenceville Manufactur¬
ing Company.
Also, a Bill to authorize the Inferior Court of Lee coun¬
ty to build a Court House and J ail at Starkeville, the pre¬
sent county site ©f said county, and to authorize said Court
to levy an extra tax of not exceeding one hundred per
cent, on the State Tax for that purpose, for the years 1852
and 1853.
Also, a Bill to prescribe certain rules and regulations to
be observed by the several Railroad Companies in running
engines upon their respective tracks, and to annex a pen¬
alty for the violation of the same.
Also, a Bill to repeal an Act passed 26th Depember,
183T, consolidating the Academic and Common School
Funds of the State of Georgia, and all subsequents Acts
in relation thereto, so far as relates to the county of
Lowndes, and for other purposes.
Also, a Bill more effectually to prevent fraud in elections
in this State, and to detect and punish the same.
Also, a Bill to appoint Trustees for the Camden county
Academy.
Also, a Bill to incorporate the Oglethorpe Bridge and
Turnpike Company, and to punish those who may wil¬
fully injure the same.
Also, a Bill to extend the provisions of the Act of the
14th of December, 1849, to the 25th day of December,
1862, so far .as to authorize the granting of Lands on Head
Rights.
Also, a Bill to authorize the levying a Tax for the pur¬
pose of building a Jail in Blairsville, in the county of Union.
Also, a Bill to incorporate the Henderson and Marthas-
yille Plank Road and Turnpike Company.
Also, a Bill to relieve James J. B. Crawford, of the
uounty of Madison, from the disabilities and protection of
minority.
Also, a Bill to authorize the Mayor and City Council-
men of the cities of Atlanta and Rome to levy and collect
a tax within the corporate limits of said cities.
Also, a Bill to alter and change the name of Robert
Fenn, formerly of Clark, now Wilkinson county, to that of
SENATE. 633
William Robert Fenn, also the name of William Oneal, of
Lowndes county, to that of William Lindsey, and to legit-*
imatize and change the names of certain other persons
thereiu named.
Also, a Bill to a create a new precinct m the county of
Warren to be called Bermuda, and for other purposes
therein specified.
Also, the following bills with amendments to which
they ask the concurrence of the Senate:
A Bill to incorporate the Griffin Collegiate Seminary
for young ladies, and to appoint Trustees for the same.
Also, a Bill to incorporate the city of Oglethorpe, and
to alter and amend an Act entitled an Act to incorporate
the town of Oglethorpe in the county of Macon.
Also, a Bill to incorporate a Bank in the city of Atlan¬
ta, to be called the Atlanta Bank.
Also, a Bill to revive and make of force an Act to in¬
corporate the Thomaston and Barnesville Railroad Compa¬
ny with power to construct a Railroad from some point on
the Monroe Railroad at or near Barnesville in Pike coun¬
ty, to the town of Thomaston in Upson county, and to
punish persons who may wilfully injure the same, and to
confer all corporate powers necessary to effect said object,
assented to December 3d, 1839.
The House insists on their amendments to the following
bills of the Senate :
A Bill to require persons applying for a writ of habeas
corpus, ad subjiciendum, in any State case, to give to the
prosecutor notice of the time and place when said appli¬
cation will be heard.
A Bill to alter and fix the times of holding the Supe¬
rior Courts in the Flint and Coweta Districts, to allow a
longer time for holding a part of said Courts, and author¬
ize the drawing other Juries for a part of them, and to fix
the time of holding the Inferior Courts in Upson, Pike
and Spalding.
The House of Representatives have agreed to the Re¬
port of the Committee of Conference on the amendments
of the Senate to the bill of the House of Representatives,
to regulate the practice in Courts of Law and Equity, and
define the powers of the same.
The House of Representatives still refuse to concur with
the Senate in their amendment to the bill of the House of
Representatives, to alter and amend an Act entitled an
Act to alter and amend an Act for the better regulation
of the to wn of Monticello, &c., and have appointed as a
Committee of Conference on their part, Messrs. Trippe,
Chastain and Hill.
The House of Representatives have concurred with the
Senate in their amendment to the amendment of the House
634 journal or thb
of Representatives to the bill of the Senate, to authorize
the Commissioners of Public Roads of Chatham county
to shut up permanently the Creek between Whitemarsh
and Oatlands Islands.
The House of Representatives have agreed to a Reso¬
lution expressive of the high appreciation of the kindness
and hospitality of the Municipal authorities of the city of
Savannah, and officers of the Central Railroad, extended
to the General Assembly in the late visit to that city.
To which they ask the concurrence of the Senate.
The following message was received from the Governor
by Mr. Hood, his Secretary:
Mr. President : The Governor has approved and sign¬
ed the following acts, to-wit :
Ho. 213. An Act to alter and amend the Militia Laws of
Georgia, so far as they relate to the 1st Regiment, 1st Bri¬
gade, 1st Division, Georgia Militia.
Ho. 214. An Act to incorporate the Sweet-"Water Man¬
ufacturing Company.
Ho. 215. An Act to change the name of Martha R.
Harvey to Martha R. Dixon.
Ho. 216. An Act to compensate Executors, Adminis¬
trators and Guardians in certain cases.
Ho. 217. An Act to incorporate the Barnesville Male
and Female High School and to appoint Trustees for the
same.
Ho. 218. An Act to change the name of Eliza Jarratt
of Harris county, to that of Eliza Hatchet.
Ho. 219. An Act to incorporate the Male Academy at
Atlanta and Flint River Academy, in Upson county, and
to appoint Trustees for the same.
Ho. 220. An Act to extend the charter of the Augusta
Insurance and Banking Company.
Ho. 221. An Act to give the election of Marshal and
Deputy Marshal of the city of Atlanta to the people, to au¬
thorize their removal from office in certain cases therein
named, and in those cases to make them ineligible to re¬
election.
Ho. 222. An Act to compensate the Grand and Petit Ju¬
rors of the county of Union.
Ho. 223.. An Act to incorporate the Baptist Church in
the town of Marietta, in the county of Cobb, and appoint
Trustees for the same ; also, to incorporate Pisgah Baptist
Church, in the county of Floyd ; also, to incorporate the
Baptist Church of Christ in Fayetteville, in Fayette coun¬
ty, and appoint Trustees for the same.
Ho. 224. An Act to authorize the several Railroad Com¬
panies of this State to establish through rates for the trans¬
portation and conveyance of produce, merchandize and
passengers over their respective roads.
SENATE. 635
No. 225. An act for the relief of Sarali G. Foster, of
ijiitte county, and to grant her certain privileges.
f}' define and point out the mode of
service of writs of Scire Facias.
N®. 227. An. Act to repeal so much of an Act entitled
an Act to change the names and legitimatize the persons
therein named, and for other purposes, approved Febru¬
ary 16th, 1850, so far as they relate to the change of the
name of William Hadaway.
No. 228. An Act to fix the price of Grants for lands in
the 10th and 11th Districts of Ware county, sold under
an Act, passed the 11th day of February, 1850.
No. 229. An act to change the names of Martha G.
Nelson and Charles Y. Nelson to the names of Martha
G. Caldwell and Charles Y. Caldwell.
No. 230. An Act to alter and change the county line be¬
tween the counties of Clarke and Madison, so as to include
the land and residence of Obadiah Thompson, of the
county of Madison, in the county of Clarke.
No. 231. An Act to authorize a grant to issue to Henry
S. Roberts, illegitimate, of Swain's District, Emanuel
county, to lot of land No. 102, of the 14th district, 2d sec¬
tion, of originally Muscogee county; and to correct the re¬
cords in the different offices, in relation to said lot of land,
so as to make it appear that said lot of land was drawn by
said Henry S. Roberts, instead of Sarah Roberts, as it now
stands ; and to authorize the cancelling and destruction of
the grant now in existence, from the State to said Sarah
Roberts, illegitimate.
No. 232. An act to add lot of land No. 62 in the 7th dis¬
trict, of originally Baldwin, now Twiggs county, to the
county of Bibb. , _
No. 238. An act to alter and amend the 4th section of
the 11th Division of the Penal Code.
No. 234. An act to incorporate a Savings' Bank in the
city of Augusta, and to incorporate and center certain
powers upon certain associations therein named.
No. 235. An act to authorize Rhaesa McCroane, of the
county of Bulloch, him, his heirs and assigns, to build a
bridge jacross the great Ogeechee River, on his own land,
near the Seventy Mile Station, Central Railroad, and to con¬
struct a crossway through the swamp of said River. ^
No 236. An act to organize a Volunteer Battalion in
the city of'Savannah, to be called the Independent Volun¬
teer Battalion of Savannah. ■ . . _ . 0
All of which have been deposited m the office of Secre¬
tary of State. , __
The Senate took up the message from the House m re-
lation to the amendment of the House to the bill of the
Senate, to alter and fix the times of holding the Superior
636 JOURNAL OF THE
Courts in the Flint and Coweta districts ; to allow a longer
time for holding a part of said courts, and authorize the
drawing other Juries for a part of them, and to fix the
time of holding the Inferior Courts in Upson, Pike and
Spalding, to which the Senate had disagreed.
On motion, the Senate still disagreed to the amendments
of the House, and appointed as a Committee of Confer¬
ence Messrs. McCune, Harman and Calhoun.
The Senate took up and concurred in the amendment of
the House to the hill of the Senate, to incorporate a Bank
in the city of Atlanta, to he called the Atlanta Bank.
Mr. Tumlin laid upon the table the following Resolu¬
tion, which was taken up, read and agreed to.
Resolved, That Messrs. R. "W. McCune and B. T.
Bethune be allowed six days to examine and correct the
Record of the present session, when finished.
Mr. Harman from the Committee on Enrollment report¬
ed as duly Enrolled and ready for the signature of the
President of the Senate, the following acts, to-wit:
An act to alter the time of holding the Inferior Court
of Harris county.
An act to incorporate the Lawrenceville Railroad Com¬
pany.
An act to alter and amend the Road Laws so far as
they refer to Mcintosh county, so as to relieve the hands
subject to Road duty who are resident upon Sapelo Islands
from working the Roads upon the main land.
An act to incorporate the Attapulgus Female academy
in the county of Decatur, the Crawfordville academy in the
county of Taliaferro, and the Starkeville academy in the
county of Lee, and appoint Trustees therefor.
An act to incorporate the Griffin Synodical College, and
to grant to such corporation certain rights, immunities
and privileges.
An act to limit the lien of Judgments rendered in any
of the Courts of this State.
An act to alter and amend the third section of the first
article of the Constitution of this State.
An act to authorize His Excellency the Governor to
cause to be corrected errors in the transcription of grants
in the office of Secretary of State, upon certain conditions
therein named.
An act to repeal the first section of an act, approved
19th December, 1849, entitled an act to repeal all laws
respecting the importation of slaves into this State, and to
give certain powers to municipal corporations in relation
to slaves, and to amend the act hereby revived.
An act to prescribe the order of argument of counsel in
criminal cases.
SENATE. 637
An act for the relief of the Teachers of poor children of
the county of Hall for the years 1814 and 1846.
An act to alter and change the name of Andrew Jack¬
son, ot Telfair county, to that of Andrew Jackson Pass-
more, his reputed father.
An act to authorize the consolidation of the Stocks of
the Georgia Railroad and Banking Company, and of the
Washington Railroad or Plank Road Company, incorpo¬
rated 5th February, 1850, and for other purposes.
An act to alter and amend the 1st section of an act en¬
titled an Act to alter and amend the several Acts in rela¬
tion to Itinerant Traders, and to prescribe the mode of ob¬
taining License, approved November 27, 1845, so far as
respects the county of Lee.
An act to incorporate the Ogeechee Plank Road Com¬
pany, and for other purposes therein named.
An Act to incorporate the Augusta, Atlanta and Nash¬
ville Magnetic Telegraph Company.
An act to incorporate the Lanier House Company at
Macon.
An act to incorporate Fraternal Lodge, No. 37, of Free
and Accepted Masons, at McDonough, in the county of
Henry ; Pinton Lodge, No.—of Free and Accepted Ma¬
sons, at Barnesville, in the county of Pike; and Generous
Warren Lodge, No. 25, of Free and Accepted Masons, in
the county ot Walton.
The Senate took up and concurred in the amendments
of the House to the bill of the Senate, to revive and make
of force an Act to incorporate the Thomaston and Barnes¬
ville Railroad Company with power to construct a Rail¬
road from some point on the Monroe Railroad, at or near
Barnesville, in Pike county, to the town of Thomaston, in
Upson county, and to punish persons who may wilfully
injure the same, and to confer all corporate powers neces¬
sary to effect said object, assented to December 3d, 1837.
The Senate took up and concurred in the amendments
of the House to the bill of the Senate, to incorporate the
Griffin Collegiate Seminary for Young Ladies, and to ap¬
point Trustees for the same.
The Senate took up and concurred in the amendments
of the House to the bill of the Senate, to incorporate_ the
city of Oglethorpe, and to alter and amend an Act entitled
an Act to incorporate the town of Oglethorpe, in the
county of Macon. #
The Senate took up the following Resolutions from the
House of Representatives:
Resolved, That the Senate and House of Representa¬
tives hereby express their high appreciation of the kifod-
ness and hospitality of the municipal authorities and citi¬
zens of the city of Savannah, and of the officers of the
638 journal or THE
Central Railroad, exhibited towards them in their late
yisit to said city.
Resolved, That a copy of these Resolutions be forwarded
to the Mayor of Savannah, and to the President of the
Central Railroad.
Mr. Harman moved to amend the second Resolution,
by inserting after the word " that," the following : " his
Excellency the Governor be, and he is hereby requested
to forward," and by striking out the words " be forward¬
ed.".
Which was agreed to.
The Resolution, as amended, was then adopted.
The Senate took up the Message from the House of Repre¬
sentatives in relation to the amendment of the Senate to the
bill of the House of Representatives, to alter and amend an
Act entitled an Act to alter and amend an Act for the bet¬
ter regulation of the town of Monticello, in the county of
Jasper, and to extend the limits of the town of Forsyth,
and to authorize the Commissioners to pay a Marshal, to
which the House of Representatives had disagreed.
On motion of Mr. Harman, the Senate still insisted upon
its amendment, and appointed as a second Committee of
Conference Messrs. Harman, Bryan and J. L. Bird.
The Senate took up the message from the House of Re¬
presentatives in relation to the amendment of the House
of Representatives to the bill of the Senate, to require
persons applying for a Writ of Habeas Corpus ad subji¬
ciendum in any State case, to give to the prosecutor notice
of the time and place where said application will be heard,
to which the Senate had disagreed.
And, on motion of Mr. McCune, the Senate still insisted
on its disagreement to the amendment of the House of
Representatives, and appointed as a Committee of Con¬
ference, Messrs. McCune, Harman and J. L. Bird.
The following Message was received from the House of
Representatives, by Mr. Sturgis, their Clerk:
Mb. President : The House of Representatives has
passed the following bills of the Senate, to-wit:
A Bill to incorporate Carrollton Cnapter, Ho. 22, of
Free and Accepted Masons.
Also, a Bill to legalize and make valid any process here¬
tofore signed by any Deputy Clerks, or which may here¬
after be signed by them.
Also, a Bill to authorize the Justices of the Inferior
Court of Dade county to levy an extra tax.
Also, a Bill to legalize the adjournment of Decatur and
Baker Superior Courts.
Also, a Bill to confer upon the Iriferior Courts of Car¬
roll, Hall and Lee, the power of examining and allowing
tax collectors insolvent lists.
8BNATE. 639
Also,'a Bill to compel persons owning five thousand
acres or more of land lying in the counties of Clinch, De¬
catur and Rabun, to give in and pay the taxes in said
counties.
Also, a Bill to authorize Robert C. McCulloch, of the
county of Spalding, to practice Medicine on the Dutch
and Indian system, and to charge therefor.
Also, a Bill to open and construct a Railroad from the
terminus of the North Carolina Railroad, at or near the
Lqcust Stake, on the State line, and thence by Clayton, in
Rabun county, to intersect the South Carolina Railroad at
Anderson Court House.
Also, a Bill to incorporate the Culloden Railroad Com¬
pany with powers to construct a Railroad from the town
of Culloden, in Monroe county, to the town of Barnesville,
in Pike county.
Also, a Bill to Tie entitled an Act to amend the Road
Laws of this State, &c.
Also, a Bill to alter and amend an Act, approved De¬
cember 22, 1847, to compensate the Grand and Petit
Jurors of Campbell county, and other purposes.
The House of Representatives have passed the follow¬
ing bills with amendments, to which they ask the concur¬
rence of the Senate:
A Bill to authorize the Ordinary of "Wayne eounty to
keep his office at his own residence, in said county.
Also, a Bill amendatory of the Statute of Limitations.
Also, a Bill to incorporate the Albany Bridge Company.
Also, a Bill to incorporate a Bunk in the city of Colum¬
bus, called the Manufacturers' and Mechanics' Bank of
Columbus.
Also, a Bill to be entitled an Act to add an additional
section to the Act supplementary to the Act for the ap¬
pointment of County Officers, approved December 4th,
1799.
Also, a Bill to be entitled an Act to relieve Robert H.
Dixon, of Talbot, from the operation and effect of an Act
entitled an Act to regulate the returns of Executors, Ad¬
ministrators and Guardians, approved 22d February, 1850,
so as to prevent a forfeiture of his commissions as admin¬
istrators of the estate of A. Bedell.
Mr. Harman laid upon the table the following Resolu¬
tion :
Resolved, That the thanks of the Senate are due and
are hereby tendered to the Hon. A. J. Miller, President
of the Senate, for th« able, dignified and impartial man¬
ner in which he has discharged his duties during the pre¬
sent session of the General Assembly.
610 journal of the
Mr. Day moved to amend by inserting after the word
"resolved," the word " unanimously."
"Which was agreed to.
The Resolution, as amended, was then adopted.
Mr. Bethune laid upon the table the following Resolu¬
tion :
Resolved unanimously, That the thanks of the Senate
are hereby tendered to L. J. Glenn and E. D. Chisholin,
Seeretary and Assistant Secretary, for their promptness in
the discharge of their duties, and uniform courtesy to this
body.
Which was agreed to.
Mr. Wright laid upon the table the following Resolu¬
tion :
Resolved dy the Senate and House of Representatives
of the State of Georgia, in General Assembly met, That
in the opinion of this General Assembly, the people of
Georgia should send Delegates to the Rational Democratic
Convention, to assemble in Baltimore in June next, and
vote for the Nominee, Provided he be sound upon the
slavery question.
Mr. Wright moved that the Resolution be taken up.
On which motion, the yeas and nays were required to
be recorded, and are—yeas 12, nays 11.
Those who voted in the affirmative, are Messrs.
Anderson, Flournoy, McRae,
Beavers, Foster, Walters,
Bryan, Harman, Wellborn,
Day, McCune, W right.
Those who voted in the negative, are Messrs.
John L. Bird, Connelly, Mosely,
Calhoun, Crocker, Ross,
Chappell, Little, Tumlin.
Coffee, Moore,
The President voting in the negative, so the motion was
lost.
Mr. Moore made the following Report:
Me. President :—The Select Committee, to whom was
referred a Bill to be entitled an Act to authorize any of
the Alabama Railroad Companies of the State of Alabama
to construct their contemplated Railroads from the Alabama
line, so as to intersect the Nashville and Chattanooga Rail¬
road, and to grant the right of way in this State, and cer¬
tain other privileges, and for other purposes, have had the
SENATE. 641
same under consideration, and direct me to report said bill
back to the Senate, and ask to be discharged from further
consideration of the same.
The Senate took up, as the Report of the Committee of
the Whole, the bill ot the House to authorize any of the
Alabama Railroad Companies of the State of Alabama to
extend their contemplated Railroads from the Alabama
line, so as to intersect the Nashville and Chattanooga Rail¬
road, and to grant the right of way in this State, and cer¬
tain other privileges, and for other purposes.
The Report was 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 7, nays 17.
Those who voted in the affirmative, are Messrs.
Chappell, Mosely, Watters,
Farris, Tumlin, Wellborn.
McCune,
Those who voted in the negative, are Messrs.
Anderson, Connelly, McRae,
Beavers, Day, Moore,
Bethune, Flewellen, Stroud,
Bryan, Flournoy, Wolfe,
Calhoun, Ilarman, Wright.
Coffee, Hicks,
So the Bill was lost.
The Senate took up and concurred in the amendments
of the House to the bill of the Senate, amendatory of the
Statute of Limitations.
The Senate took up and concurred in the amendments
of the House to the bill of the Senate, to incorporate the
Albany Bridge Company.
The Senate took up aud concurred in the amendments
of the House to the bill of the Senate, to authorize the
Ordinary of W^ayne county to keep his office at his own
residence in said county.
The Senate took up and concurred in the amendment of
the House to the bill of the Senate, to incorporate a Bank
in the city of Columbus, to be sailed the Manufacturers'
and Mechanics' Bank of Columbus.
On motion, the Senate adjourned until 7 o'clock, P. M.
612
journal OF tfi®
Seven o'clock, P. M.
The Senate met pursuant to adjournment.
The following message was received from the House of
Representatives by Mr. Sturgis, their Clerk:
Mk. President : The House of Representatives has
passed the following bills of the Senate, to-wit:
A Bill to incorporate the La Grange Steam Mill Com¬
pany, and for other purposes.
A Bill to amend an Act to incorporate the city of Co¬
lumbus, and to prescribe the powers and duties of the City
Guard.
A Bill to authorize the city Council of Columbus to
loan the Bonds of said corporation for $75,000 dollars, to
the Muscogee Railroad Company.
A Bill to amend the several Acts now in force, regulat¬
ing the fees of Magistrates and Constables in the State of
Georgia, so far as relates to the counties of Bibb, Rich¬
mond, Monroe and Lee, and to provide for collecting the
same.
The House of Representatives have passed the following
bills of the Senate, with amendments, to which they ask
the concurrence of the Senate, to-wit:
A Bill to incorporate the Georgia and Florida Railroad
Company, to secure to the same certain privileges, and for
other purposes therein mentioned.
A Bill to change the times of holding the Superior
Courts of Taliaferro, Madison, Effingham and Elbert, and
the Inferior Courts of the counties of Heard and Forsyth.
A Bill to change, alter and fix the time of holding the
Inferior Court of the county of Early, and the Fall Term
of the Superior Court of the county of Bulloch.
A Bill to alter and amend an Act entitled an Act to
incorporate the Muscogee Asylum for the Poor, to make
provisions for their support, and for other purposes.
A Bill to change the name of the Court of Common
Pleas, and of Oyer and Terminer of the eity of Savannah,
and to authorize the Judge to appoint a Solicitor-General
pro tern.
The House of Representatives still insist upon their
amendment to the bill of the Senate, to alter and fix the
times of holding the Superior Courts in the Flint and
Coweta Circuits, and for other purposes, and have appoint¬
ed as a committee of conference on their part, Messrs.
Fuller, Bellinger and Hackney.
The House of Representatives still insists on its amend¬
ment to the bill of the Senate, to require persons applying
for a Writ of Habeas Corpus ad subjiciendum in any State
875wa.t8. 043
case, to give the prosecutor notice of the time and place
when the application will be heard.
Mr. Mosely, from the Committee on the State of the
Republic, made the following Report:
Mr. President : The Committee on the State of the
Republic, to whom were referred the Resolutions of the
House of Representatives, and those presented in the
Senate, in relation to the affairs of foreign nations and
Louis Hossuth, have had the same under consideration,
and beg leave to recommend that the Resolutions of the
House of Representatives be agreed to, as fully expressing
the opinions and feelings »f the people of Georgia, ana
that no other action be had by the Senate.
On motion of Mr. Mosely, the Resolutions of the House
of Representatives in relation to foreign nations, were
taken up.
Mr. McCune moved as a substitute therefor, the Reso¬
lutions heretofore laid upon the table by himself.
The substitute was not received.
The question then recurred on agreeing to the Resolu¬
tions of the House of Representatives.
Which were agreed to.
The Senate took up the message from the House of Re¬
presentatives in relation to the amendments of the House
to the bill of the Senate, to change the times of holding
the Superior Courts of the counties of Taliaferro, Madi¬
son, Effingham and Elbert, and the Inferior Courts of the
counties of Heard and Forsyth.
On motion of Mr. Wellborn, the Senate concurred in
the amendments of the House of Representatives.
The Senate took up and concurred in the amendment of
the House of Representatives to the bill of the Senate, to
change, alter and fix the time of holding the Inferior
Court of the county of Early, and the Fall Term of the
Superior Court of the county of Bulloch.
The Senate took up and concurred in the amendments
of the House to the bill of the Senate, to alter and amend
an Act entitled an Act to incorporate the Muscogee
Asylum for the Poor, to make provisions for their support,
and to authorize the Inferior Court of Muscogee county to
bind out poor children to said corporation under certain
circumstances, and to provide for their education.
The Senate took up and concurred in the amendments
of the House of Representatives to the bill of the Senate,
to incorporate the Georgia and Florida Railroad Company,
to secure to the same certain privileges, and for other
purposes therein mentioned.
The Senate took up and concurred in the amendment of
the House of Representatives to the bill of the Senate, to
change the name of the Court of Common Pleas, and of
644: JOURNAL OF THE
Oyer and Terminer, of the city of Savannah, and to au¬
thorize the Judge to appoint a Solicitor pro tern.
Mr. Harman, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate, the following Acts :
An Act to authorize the Governor of the State of Geor¬
gia to issue a grant for a certain lot of land therein men-
to Zadock Bonner, upon the conditions therein specified.
Ah Act to amend an Act authorizing certain Commis¬
sioners to raise by Lottery a fund for the erection ot Monu¬
ments to the memory of Green and Pulaski in the city of
Savannah, passed December, 1837, and the original Act
of which the same is an amendment.
An Act to incorporate the Columbus and "West Point
Railroad and Plank Road Company, and to punish per¬
sons for violating the same.
An Act to amend the Road Laws of this State, so far
as respects the counties of Columbia and Jefferson.
An Act to repeal the ninth and nineteenth sections
of an Act incorporating the Gainesville Railroad Company,
approved December 28th, 1847, and for other purposes
therein mentioned.
An Act for the relief of Reuben S. Willingham, Tax
Collector of Lincoln county.
An Act to appropriate money for the purposes there¬
in designated.
An Act to appropriate money to compensate certain
persons therein named, for pursuing and arresting James
Williams, who is charged with the "offence of murder, and
to reimburse said persons for expenditures in having said
James Williams committed to Jail, and to appropriate a
sum of money to pay John Mullins a reward paid by him
for the arrest of Alfred Crawford.
An Act to authorize th-e Rock Island Factory of Mus¬
cogee county, the Augusta Machine Works by their pro¬
per officers, the Coweta Falls Manufacturing Company,
the Howard Factory, and all other Manufacturing Com¬
panies iu the State, to issue and sell the bonds of the com¬
panies, and secure the same, and for other purposes there¬
in named.
An Act to amend an Act entitled an Act to alter
and amend the several Acts in relation to Itinerant
Traders, and to prescribe the mode of their obtaining li¬
cense, approved November 27th, 1845, so tar as to increase
the tax on said Itinerant Traders in the counties of Pike,
Franklin, Sumter and Stewart; also, to prevent the issue
of License co Peddle to any other than citizens <. f the
United States, for any county in this State, except Bul¬
loch.
SENATE. 645
An Act to alter and straighten the line between the
counties of Jasper and Newton, so as to include the pre¬
mises of Obadiah Fielder, A. S. Bell, Aaron Parker, Wil¬
liam Pope, S. Conaway, D. M. Bell, Christopher Fincher
and Andrew J. Fincher, in the county of Newton, and to
alter the line between the counties of Gordon and Floyd,
and the line between the counties of Wilkes and Lincoln)
and the line between the counties of Polk and Paulding.
_ An Act to render valid all records made, or other offi¬
cial acts done in certain cases therein specified.
An Act to secure the property of Minors against the mis¬
management of their Guardians, by requiring bond and
security.
An Act to amend an Act entitled an Act to exempt
from levy and sale under execution, eertain property there¬
in mentioned, assented to December 11th, 1841, and to
extend the provisions of the same.
An Act to authorize a grant to issue to William P.
Hightower, of Campbell county, for fraction number one
hundred and fifty-one, (151.) in the eighth district of. ori¬
ginally Coweta now Campbell county; and also a grant to
issue to Jetferson Allford, of the county of Upson, for frac¬
tion number two, in the first district of formerly Troup
now Meriwether county.
An Act to appropriate money to James J. Tooke, of
the county of Talbot, and to Thomas H. Polhill, of the
county of Jefferson, on account of the overpayment of
taxes.
An Act to authorize a grant to issue to Thomas A.
Jones, to lot of land, No. 181, in the 10th district of Car¬
roll county.
An Act to authorize the Superior Court of Baker county
to be held such time as may be necessary to do the busi¬
ness. and to regulate the service of Jurors in said county.
An Act to authorize Elijah J. Dupree, of the county
of Paulding, a minor, to transact his own business, in the
same manner, and subject to the same responsibilities as
though he was of full age, and for other purposes.
An Act to prescribe the rate of Tax which shalLbe paid
by the Macon and Western Kailroad, and the Rome
Branch Railroad Companies, and the manner and time
of giving in and paying the same.
An Act to incorporate the Macon, Perry and Albany
Plank Road Company, and to confer certain powers and
privileges.
An Act to change the time of homing the Superior
Courts of Richmond county, and the Court of Common
Pleas of Augusta.
The Senate took up the message from the House of
Representatives in relation to the disagreement of the
1
646
JOURNAL OF THE
Senate to the amendment of the House of Representatives
to the bill of the Senate, to require persons applying for a
writ of Habeas Corpus, ad subjiciendum, in any State case,
to give to the prosecutor notice of the time and place when
said application will be made.
On motion of Mr. Harman, the Senate receded from its
disagreement to the amendment of the House of Repre¬
sentatives, and agreed to the amendment of the House,
with an amendment thereto, by inserting the words " or
attorney."
Mr. J. L. Bird made the following Report:
The Committee of Conference, to whom was referred
the amendment of the Senate to the bill of the House, en¬
titled an Act to alter and amend an Act entitled an Act
for the better regulation of the town of Monticello, in the
county of Jasper, and to extend the limits of the town of
Forsyth, and to authorize the Commissioners to pay a.
Marshal, report that they have agreed that the Senate
shall recede from their amendment, and add the following
proviso to the fourth section:
Provided, That nothing herein contained shall author¬
ize the Commissioners of said town to assess a tax on the
premises or property of John Pinckard.
Mr. J. L. Bird made to take up the Report.
"Which was agreed to.
Mr. J. L. Bird moved that the Report be agreed to.
On which motion the yeas and nays were required to
be recorded, and are—yeas 14, nays 13.
Those who voted in the affirmative, are Messrs.
Bethune, Flewellen, Moore,
John L. Bird, Flournoy, Mosely,
Calhoun, Gb'iggs, Ross, *
Chappell, Little, Tumlin.
Cone, McCune,
Those who voted in the negative, are Messrs.
Beavers, Harman, Watters,
Bryan, Hicks, Wellborn,
Butler, Lawson, Wolfe,
Coffee, Stroud, Wright.
Farris,
So the Report was agreed to.
On motion, the Senate adjourned until half-past nine
o'clock to-morrow morning.
senate.
647
THURSDAY, January 22, 1852.
The Senate met pursuant to adjournment.
Mr. Farris moved to reconsider so much of the Journal
of yesterday, as relates to the rejection by the Senate of
the bill of the House of Representatives, to authorize any
of the Alabama Railroad Companies of the State of Ala¬
bama, to extend their contemplated Railroads from the*
Alabama line, so as to intersect the Hashville and Chat¬
tanooga Railroad, and to grant the right of way in this.
State, and certain other privileges, and for other purposes.
Which was lost.
Mr. Harman moved to reconsider so much of the Jour¬
nal of yesterday, as relates to the agreement by the Sen¬
ate to the Report of the second Committee of Conference,
in relation to the amendment of the Senate to the bill of
the House of Representatives, to alter and amend an act
entitled an act to alter and amend an act for the better
regulation of the town of Monticello, in the county of
Jasper, and to extend the limits of the town of Forsyth,
and to authorize the commissioners to pay a Marshal.
On which motion, the yeas and nays were required to
he recorded, and are yeas 15, nays 15.
Those who voted in the affirmative, are Messrs'.-
Beavers, Ilarman, Spalding,
Bryan, Hicks, Watters,
Crocker, Lawson, Wellborn,
Day, McRae, Wolfe,
Farris, Ross, Wright.
Those who voted in the negative are Messrs.
Anderson, Connelly, Little,
Bethune, Flewellen, Moore,
John L. Bird, Flournoy, Mosely,
Calhoun, Foster, Stroud,
Chappell, Griggs, Tumlin.
So the motion to reconsider was lost—the President
voting in the negative.
Mr. Flournoy made the following Report: , . ,
The Committee on Printing beg leave to submit the
following short Report: f
The duties of the Committee have been few and simple.
There was nothing that seemed to come appropriately be-
64:8
JOURNAL OF THE
fore them, except to take care that the various Bills, Reso-
lutions, Reports, &c., ordered to be printed for this branch
of the Legislature, were furnished agreeably to the order
of the Senate. It is due to the Public Printer, for the
Committee to state that he has, in every instance, printed
and furnished the matter given him in' charge, with a neat¬
ness and dispatch highly creditable to this important pub¬
lic officer.
On motion, the Report was taken up and agreed to.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President : The House of Representatives have
concurred with the Senate in their amendment to the
amendment of the House to the bill of the Senate, to re¬
quire persons applying for a writ of Habeas Corpus, ad
subjiciendum, in any State case, to give to the prosecutor
notice of the time and place when said application will be
heard.
The House of Representatives have agreed to the Re¬
port of the Committee of Conference on the amendmerts
of the House of Representatives to the bill of Senate, to
alter and fix the times of holding the Superior Courts in
the Flint and Coweta Districts, and for other purposes
therein specified. .
The House of Representatives have agreed to the fol¬
lowing Resolutions, to wit:
A Resolution authorizing and requesting the Governor
to have all the Acts of a general and public nature pub¬
lished in three public Journals.
A Resolution in relation to the establishment of a mail
route from Waresboro' to Jacksonville.
A Resolution in relation to the establishment of a depot
of arms in the State of Georgia.
A Resolution in relation to money illegally paid by
William Q. Anderson, Thomas Anderson, and Richard J.
Willis, securities of John R. Anderson.
A Resolution in relation to a mail route from Eden, in
Effingham county, to Edward's Bridge, in Bryan county.
A Resolution in relation to the suit brought by the State
of Florida in the Supreme Court, touching the Southern
boundary of this State.
A Resolution requiring the arms in the hands of dis¬
banded volunteer companies, to be returned, &c.
A Report and Resolution in relation to the claims of
Georgia and Alabama upon the General Government, for
losses sustained during the Creek war.
A Resolution requiring the Surveyor General to deliver
to II. W. Cannon certain books.
A Resolution requesting the Governor to obtain a cer-
SENATE. §4-9
tain number of muskets for the Savannah Volunteer
Guards.
A Resolution authorizing and requesting the Governor
to deliver to the Georgia Historical Society a complete set
©f the Journals and certain other Books.
Also, the Report of the Joint Standing Committee on
Military affairs.
The House have concurred with the Senate in the Pre¬
amble and Resolutions in relation to the erection of a
monument to the memory of the late Hon. John Forsyth.
A Preamble and Resolution in relation to appointing
Commissioners of the Great Ogeechee River.
A Resolmtjon in relation to the Poor School fund of
Union county.
Also, a Report in relation to the Hon interest of this
State.
Mr. Matters laid upon the table the following Resolu¬
tion :
Resolved, That the thanks of the Senate are hereby ten¬
dered to the Messenger and Door-Keeper, for the faithful
discharge of their duties during the present session.
Which was taken up, read and agreed to.
Mr. Mosely laid upon the table the following Resolution:
Resolved, That we feel constrained to tender our thanks
to the Judiciary Committee, for their prompt attention to
the business committed to their care.
Which was taken up, read and agreed to.
Mr. Harman, from the Committee on Enrollment, re¬
ported as duly enrolled, and ready for the signature of
the President of the Senate, the following Acts, to wit:
An Act to authorize the levying a tax for the purpose
of building a Jail in Blairsville, Union county.
An Act to appoint Trustees for the Camden County
Academy.
An Act to confer certain privileges upon certain per¬
sons therein named, and for other purposes therein men¬
tioned.
An Act to incorporate the Indian Spring Railroad Com
pany.
An Act to amend the several Aets incorporating Ogle¬
thorpe University, and to appoint additional Trustees.
An Act to authorize the Central Railroad and Banking
Company of Georgia to lease and work such Railroads as
now connect or may hereafter connect with the Central
Railroad, and to authorize'the Boards of Directors of such
Railroad Companies as now have, or may hereafter have
their respective Railroads connecting with the said Cen¬
tral Railroad, to make leases thereof for a term of years,
or during the continuance of their respective charters.
650
JOURNAL OF THE
An Act to amend an Act, passed the 23d day of Decem¬
ber, 1826, granting to the corporate authority of the town
of Macon, a certain tract of land adjoining said town, for
the purpose of preserving the health, so far as to declare
the police regulations of the city of Macon of force over
said land, ana to alter and amend the 2nd, 6th, 21st, 22d,
and 84th sections of an Act entitled an Act to alter
and amend the several Acts incorporating the city of Ma¬
con, approved December 27th, 1847, so fay as to change
the time of holding the city elections in Macon, and to
amend the act passed 22d day of February, 1850, relating
the election of Marshal and Deputies for said city.
An Act to regulate the practice of the Supreme Court
and of the Superior Courts of this State, and for other pur¬
poses, and to relieve suitors in the Supreme Court, and to
change the districts, times and places, of holding the Su¬
preme Courts.
An Act to change the name of Margaret Jane Brooks to
that of Margaret Jane Chappel, and to make her the heir
at Law of John B. and Margaret W. Chappel.
The Senate took up and agreed to the Report of the
Committee of Conference, in relation to the amendments
of House of Representatives to the bill of the Senate, to
alter and fix the times of holding the Superior Courts in
the Flint and Coweta Districts, to allow a longer time for
holding a part of said Courts, and authorize the drawing
other Juries for a part of them, and to fix the time of
holding the Inferior Courts in Upson, Fike and Spalding.
Mr. Harman, from the Committee on Enrollment, report¬
ed as duly enrolled, and signed by the Speaker of the
House of Representatives, and ready for the signature of
the Freident of the Senate, the following Acts, to wit:
An Act to amend the several Acts heretofore passed, in¬
corporating and relating to the South-Western Railroad
Company, and to authorize said Company to build and
maintain a Railroad from the South-Westera Railroad, at
Fort Yalley, crossing the Flint River, at or near to a place
called Wolf Pen, in the county of Macon, and there to
join the Railroad of the Muscogee Railroad Company.
An Act to relieve James J. B. Crawford, of the county
of Madison, from the disabilities and protection of minor¬
ity.
An Act to amend the several Acts heretofore passed in
this State, incorporating the Brunswick and Florida Rail¬
road Company, and the several acts amendatory thereto.
An Act inflation to the issuing of change bills, and
private banking, for the punishment of the same, and to
authorize the Banks ol this State to issue bills of certain
denominations, and for other purposes.
SENATE. ^ $51
_ An Act to alter and amend an Act entitled an Act to
incoiporate the New York and Savannah Steam Naviga-
tion Company. 6
An Act to appropriate money for the support of the
Government for each of the political years 1852 and 1853,
and tor other purposes therein specified.
An Act supplementary to an Act entitled an Act to
levy and collect a tax for the political years 1852 and 1853
approved January 9th, 1852. '
An Act to amend the several Acts in relation to issuing
grants on head-rights in this State, so far as to extend the
time for granting the same, until the 25th of December,
1853 ; also to make valid certain surveys and grants
therein specified.
An Act to amend the laws regulating the village of
Sparta, in the county of Hancock; also to authorize the
City Council of Augusta to make a donation to the Au¬
gusta Orphan Asylum, and to incorporate and confer cer¬
tain powers on said association.
An Act to incorporate, the Baptist Church at Lexing¬
ton, Oglethorpe county, and other Churches and Camp
Grounds therein named ; also to incorporate certain Aca¬
demies therein named; certain Lodges of Masons and
Odd Fellows, and Divisions of Sons of Temperance, and
to establish a ferry on Flint river, and to incorporate cer¬
tain other associations therein named.
An Act to regulate practice in Courts of Law ana
Equity, and define the powers of the same.
An Act to incorporate the Dade county Turnpike Com¬
pany, and to grant certain privileges to the same.
An Act to pardon James Mouchet, convicted of murder
on circumstantial evidence.
An Act to authorize "William McKinney, Thomas Kelly
and II. W. Cannon, to appoint some fit and proper per¬
son in lieu of O. T. Dickerson, should they deem such, a
course necessary, to survey the first and second districts of
Rabun county.
An Act to amend an Act to authorize the Savannah
and Albany Railroad Company to make and use a Plank
Road and branches, in connection with their Railroad and
branches, or in lieu thereof, approved February 21st, 1850,
so as to authorize the construction of macademized, graded
or Plank Roads, and for other purposes therein named.
An Act to appropriate and refund to Joseph Marshal,
Tax Collector of Decatur county, a certain sum of money
therein named, and to reimburse money to Uriah Smith
for over-payment of taxes.
An Act to authorize George L. Bird and others to
practice Physic on the Homeopathic System, and for oth¬
er purposes.
652 j®ttrnaii of tecs
The Senate took up the Resolutions from the House in
relation to the memorial from the Common and Select
Councils of Philadelphia.
Hr. Anderson moved to amend by striking out the
names of " John H. Berrien and William C. Dawson,"
and insert in lieu thereof the words, " That the Governor
be and he is hereby requested to appoint two suitable
persons.
Which was agreed to.
The Resolutions, as amended, were then adopted.
The following Message was received from the House of
Representatives by Mr. Sturgis, their Clerk :
Mr. President:—The House of Representatives have
concurred with the Senate in the adoption of a Resolution
in relation to the paying the costs in a case of the State
against Henry G. Dean.
The House of Representatives have passed the following
bill of the Senate, with an amendment, to-wit:
A Bill to grant exemptions to Cavalry Corps, and for
the formation of Squadrons of Cavalry, and to confer cer¬
tain privileges upon the Baldwin Blues.
The House of Representatives have agreed to a Resolu¬
tion authorizing the Governor to have published a suffi¬
cient number of the Laws and Journals to furnish new
counties, and the members of the General Assembly.
To which they ask the concurrence of the Senate,
t The Senate took up and concurred in the amendment
of the House of Representatives, to the bill of the Senate,
to grant exemptions to Cavalry Corps, and for the forma¬
tion of Squadrons of Cavalry, and to confer certain privi¬
leges upon the Baldwin Blues.
Mr. Calhoun laid upon the table the following Resolu¬
tion, which was taken up, read and agreed to;
Whereas, The General Assembly now in session, ap¬
propriated ninety dollars to be paid to Jesse C. Parrar, as
Secretary of the Commissioners of the Western and At¬
lantic Railroad.
Be it therefore resolved by the Senate and Souse of
Representatives of the State of Georgia, in General As-
semhly met, That his Excellency the Governor be, and he
is hereby authorized, to draw his warrant on the Treasurer
in favor of James M. Calhoun, for said ninety dollars, and
that said Calhoun be authorized to receive and receipt for
the same.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President :—The House of Representatives have
concurred in the Resolution of the Senate, in relation to
the claim of Joseph Sturgis, Esq., therein referred to.
The House of Representatives have agreed to a Resolu-
SH2TA.TB. 653
tion authorizing the Governor to draw his warrant on the
ireasury in favor of James L. Seward, for certain appro¬
priations. rjr
Also, a Resolution authorizing William T. Price and
Samuel Farris, to draw their receipt for the poor school
fund of their respective counties.
The House of Representatives have agreed to the Report
of the Committee of Conference, appointed on the bill to
alter and amend the Act to incorporate the town of Mon-
ticello, &c.
Hr. Harman, from the Committee on Enrollment, re¬
ported as duly enrolled and ready for the signature of the
President of the Senate, the following Acts:
An Act to incorporate the Albany Bridge Company,
and for other purposes therein specified.
An Act to authorize the Ordinaries of Wayne, Bulloch,
and Montgomery counties, to keep their offices at their
own residences.
An Act to authorize the Justices of. the Inferior Court
of the county of Cobb, in this State, to cause a new Court¬
house to be built in and for said county of Cobb, and to
make valid and binding all such contracts and agreements
as the Justices of said Inferior Court may make in regard
to such new Court-house, and to authorize said Justices of
the Inferior Court to secure the use of a house or room in
which the Superior and Inferior Courts of said county may
be held until the new Court-house is completed, and for
other purposes.
An Act to incorporate the Mount Zion Academy, in the
county of Murray, and the Hawkinsville Academy, and
appoint Trustees therefor, and the Fort Valley Female
Seminary or High School.
An Act to amend and continue in force an Act entitled
an Act to amend the several Acts in relation to issuing of
H®ad Right grants in this State, so far as to extend the
time for granting the same until the 25th day of Decem¬
ber, 1851, and to extend the provision of said Act of the
14th of December, 1849, to the 25th day of December,
1862. .
An Act to revive and continue in force an Act to
make permanent the public buildings in the county of
Walker, at the town of Chattooga, to incorporate said
town and appoint Commissioners for the same, assented
to the 22d day of December, 1835 j and also to define the
corporate limits of said town of phattooga, now Lafayette,
in the said county of Walker.
An Act to authorize Robert C. McCulloch, of the city
of Griffin, and county of Spalding, to practice Medicine
upon the Dutch and Indian system of practice, and to
654: JOURNAL OF THE
charge therefor, and to allow Bailey Birby, of Babun
county, to practice Medicine and charge ior the same.
An Act to amend an Act entitled an Act to lay off and
divide the State into eight Congressional Districts, and to
point out the mode of electing members to Congress in
each district, and to provide against illegal voting, so far
as to re-organize said districts.
An Act to incorporate the town of Marietta, in the
county of Cobb, and also to enlarge the boundary of said
town, and incorporate the same, under the name of the
city of Marietta, and to provide for the election of a Mayor
and City Councilmen, and such other officers as may be
required, and confer upon them specified powers, and for
other purposes therein mentioned.
An Act to authorize the Inferior Court in Lee county to
build a Court-house and Jail at Starkville, the present
county site of said county, and to authorize said Court to
levy and have collected an extra tax of not exceeding one
hundred per cent, on the State tax, for that purpose, for
the years 1852 and 1853.
An Act to amend the Acts' incorporating and granting
corporate powers to the town of Bainbridge, in the county
of Decatur, and to amend an Act incorporating the town
of Cassville, assented to 27th December, 1843.
An Act to amend an Act to incorporate the town of
Americus, in Sumter county, assented to the 22d day of
December, 1832.
An Act to amend the Boad Laws of this State, so far as
concerns persons constantly employed in conducting trans¬
portation and repairing track upon the different Bailroads
of this State.
An Act to exempt certain citizens of Pike county from
the performance of militia duty in certain cases and upon
certain conditions, and also to encourage Yolunteer Com¬
panies in said county, and for other purposes.
An Act to incorporate the Lawrenceville Manufacturing
Company.
An Act to alter and change the name of Bobert Fenn,
formerly of Clark, now "Wilkinson county, to that of Wil¬
liam Bobert Fenn; also the name of William O'Neal, of
Lowndes county, to that of William Lindsey; and to le¬
gitimatize and change the names of certain persons therein
named.
An Act to alter and amend an Act approved December
22d, 1847, to compensate the Grand and Petit Jurors of
Campbell county, and to authorize the Justices of the In¬
ferior Court to levy an extra tax for that purpose.
An Act amendatory of the Statute of Limitations.
An Act to incorporate the Griffin Collegiate Seminary
for young ladies, and to appoint Trustees for the same.
SENATE. 655
^ An Act to authorize the Major and Councilmen of the
<aty ot Atlanta, and the Mayor and Councilmen of the
city of Home, to levy and collect a tax within the corpo¬
rate limits of the said cities.
An Act to change, alter, and fix the time of holding
the Inferior Courts of the county of Early.
An Act to alter and amend an Act entitled an Act to
ncorporate the Muscogee Asylum for the Poor, to make ,
provisions for their support, and to authorize the Inferior
Court of Muscogee county to bind out poor children to
said corporation, under certain circumstances, and to pro¬
vide for their education.
An Act to incorporate Carrollton Chapter, No. 22, Car-
rollton, Carroll county, Georgia.
An Act to authorize the Justices of the Inferior Court
of Dade county, to levy and collect an extra tax.
An Act to create a new precinct in the county of "War¬
ren, to be called Bermuda, and for other purposes therein
specified.
An Act to alter and repeal an Act, passed 26th Decem¬
ber, 1837, consolidating the Academic and Common
School funds of the State of Georgia, and all subsequent
Acts in relation thereto, so far as relates to the county of
Lowndes, and for other purposes.
An Act to legalize and make valid any process hereto¬
fore signed by any Deputy Clerks, or which may hereafter
be signed by them.
An Act to incorporate the village of Cave Spring, in the
county of Floyd, and to provide for the election of com¬
missioners for the same.
An Act to prescribe certain rules and regulations to be
observed by the several Bailroad Companies, in running
engines upon their respective tracks, and annex a penalty
for the violation of the same.
An Act to relieve Bobert H. Dixon, of Talbot county,
from the operation and effect of an Act entitled an Act to
regulate the returns of Executors, Administrators and
Guardians, approved 22d February, 1850, so as to prevent
a forfeiture of his commissions as Administrator ot the es¬
tate of A. Bedell.
The Senate took up the Besolution of the House of Bep-
resentatives, authorizing W. T. Price and Samuel Farris,
to receive and receipt for the Poor School Fund going to
the respective counties of Walker and Floyd.
Mr Hicks moved to amend by inserting the words,
" and John C. Sumner be authorized to draw and receipt
for the Poor School Fund going to the county of Emanuel."
Which was agreed to.
The Besolution, as amended, was then concurred m.
656 JOVRNAL OF THE
The Senate took up and concurred in the Resolution of
the House of Representatives, authorizing James L. Sew¬
ard, Representative from Thomas county, to draw one
hundred and fifty dollars, appropriated by this General
Assembly, to William McLendon and Elias James, for ar¬
resting James Williams, who was charged with murder.
The Senate took up and concurred in the Resolution of
the House of Representatives, requesting his Excellency
the Governor to have collected and returned to the State
Department all arms received by Volunteer Companies
which have been disbanded.
The Senate took up the following Resolution from the
House of Representatives:
Resolved by the /Senate and House of Representatives,
That his Excellency the Governor be and he is hereby au¬
thorized and requested to have published forthwith in
three of the public Journals of this State, to be selected
by him, all the Acts of a general and public nature passed
by the present General Assembly.
Mr. McCune moved to amend by adding the following:
" including the Acts changing and fixing the sessions of
Courts."
Which was agreed to.
The Resolution, as amended, was then adopted.
The Senate took uji and concurred in the following Re¬
solution from the House:
Resolved by the Senate and House of Representatives
of the State of Georgia in General Assembly convened,
That our Senators in Congress be requested, and Rep¬
resentatives instructed, to use their efforts in Congress to
have established a mail route from Waresboro', in Ware
county, to Jacksonville, in Telfair county.
The Senate took up and concurred in the following Re¬
solution from the House of Representatives:
Resolved by the General Assembly, That the Governor
be requested to obtain one hundred stand of Percussion
Muskets from the General Government, for the use of the
Savannah Volunteer Guards.
The Senate took up and concurred in the following Re¬
solution of the House of Representatives :
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 author¬
ized and requested, to cause to be delivered to "The
Georgia Historical Society," a complete set of the Laws
and Journals of the two branches of the General Assembly,
together with copies of the annual rejjorts made by the
Comptroller of the State, as. far back as they can be pro¬
cured; Provided, That the same can be done without in¬
terfering with the number of the copies of the Laws and
SBNATE. C5T
Journals necessary, in tlie opinion of the Governor, to be
retained.
The Senate took up and concurred in the following He-
solution from the House of Representatives t
Resolved by the Senate and Rouse of Representatives
of the State of Georgia in General Assembly met, That
the Surveyor General be required to deliver to H. W. Can¬
non, County Surveyor of Rabun county, the Field Books
of the survey of the first and second districts of Rabun
county Provided, The said H. W. Cannon shall return
the same in good order, after he shall have surveyed the
aforesaid districts.
The Senate took up and agreed to the Report from the
House of Representatives, in relation to the petition of
"William Q. Anderson, Thomas Anderson, and Richard J.
Willis.
.The Senate took up and concurred in the following Re¬
solution from the House of Representatives:
Resolved by the Senate and House of Representatives
of the State of Georgia in General Assembly met, That
additional copies of the Laws and Journals over and above
the number printed last session, be printed for distribution
and to supply new counties and the members of this Gen¬
eral Assembly, at the discretion of the Governor.
The Senate took up and agreed to the Report from the
House of Representatives, in relation to the establishing a
large Depot of Arms on or near the Canal of the city of
Augusta.
The Senate took up the following Resolution from the
House of Representatives in relation to "certain mail
routes."
Mr. McRae moved to amend by adding, certain other
mail routes.
Which was agreed to.
The Resolution, as amended, was then adopted.
The Senate toak up and concurred in the following me¬
morial from the House of Representatives, praying the
Congress of the United States for an'early adjustment and
payment of the claims of citizens of Georgia and Alabama,
on account of losses sustained on account of depredations
committed by the Creek Indians and United States Troops
in the late Creek war.
The Senate took up the Resolution of the House of Rep¬
resentatives, authorizing and requesting his Lxcellency
the Governor, to defend the suit brought in the Supreme
Court by the State of Florida, against the State of Georgia,
to determine the Southern boundary of this State, and to
employ such additional counsel as he may deem necessary.
Mr. Moore moved to amend by adding thereto the fol¬
lowing proviso:
653
journal of the
Provided, That the whole expense for defending saM
suit, and for counsel fees, shall not exceed the sum of
three thousand dollars.
Which was agreed to.
The Resolution, as amended, was then agreed to.
Mr. Foster laid upon the table the following Resolution,
which was taken up, read and agreed to :
Whereas, It is impracticable for the Printer to get
ready for distribution the five hundred copies of the cen¬
sus ordered for the use of the Senate.
Besolved, That his Excellency the Governor have the
same put up in appropriate packages, and sent to the
Court-houses respectively of the counties in which Sena¬
tors reside, addressed to them, when the Laws and Jour¬
nals shall be distributed.
Mr. Tumlin laid upon the table the following Resolu¬
tion, which was taken up, read and agreed to :
Resolved, That the Recording Clerk of the Senate be
allowed to employ an assistant Clerk for fifteen days, to
read the Journals for him.
Mr. Harman, from the Committee on Enrollment, re¬
ported as duly enrolled, and signed by the Speaker of
the House of Representatives, and ready for the signa¬
ture of the President of the Senate, the following Acts,
to-wit:
An Act to incorporate the St. Ilia Plank Road Com-
pany.
An Act to incorporate the town of Jefferson, in Jack¬
son county; to incorporate the proprietors of the city of
Brunswick, in the county of Glynn, and to give them cer¬
tain powers, &c.
An Act to reduce the Bond of the Sheriff of Muscogee
county, &c.
On motion the Senate adjourned until 3 o'clock, P. M.
Three o'Clock, P. M.
The Senate met pursuant to adjournment.
The following Message was received from the House of
Representatives by Mr. Sturgis, their Clerk :
Mr. President: The House of Representatives have
concurred in the amendment of the Senate to the Joint
Rt solutions of the House of Representatives, in relation to
the communication of the Select and Common Councils of
the city of Philadelphia.
SENATE. 659
The House have also concurred in the amendment of the
Senate to the Resolution of the House, in relation to au¬
thorizing William T. Price and Samuel Farris, to draw the
poor school fund for their respective counties.
The House have concurred in the Resolutions of the
Senate to authorize James Calhoun to draw a certain sum
of money therein named, appropriated to Jesse C. Farrar.
The House of Representatives have agreed to a Reso¬
lution authorizing the Governor to draw his warrant on
the Treasurer in favor of James A. Shewmake and John
F. Moreland, for the poor school funds of their respective
counties.
The House of Representativas have concurred with the
Senate in their amendments to the Resolution of the House,
in relation to the suit instituted by the State of Florida
against the State of Georgia.
Also, in the amendments of the Senate to the Resolu¬
tion of the House, in relation to the establishment of cer¬
tain mail routes.
Also, in the amendment of the Senate to the Resolu¬
tion of the House of Representatives, in relation to the
printing of Acts of a public nature.
The House of Representatives have agreed to a Reso¬
lution authorizing the Governor to have published an ad¬
ditional number of the Acts and Journals, &e.
To which they ask the concurrence of the Senate.
Mr. Harman, from the Committee on Enrollment, re¬
ported as duly enrolled, and ready for the signature of
the President of the Senate, the following Acts, to-wit:
An Act to amend the several acts now in force regula¬
ting the fees of Magistrates and Constables in the State of
Georgia, so far as relates to the counties of Bibb, Rich¬
mond, Monroe and Lee, and to provide for the mode of
collecting the same.
An Act to incorporate an Institution for the promotion
of Moral and Theological information, embracing common
school education, arts, sciences, law and medicine, with
apparatus, books, maps, charts, printing establishment,
&c., to Be styled a Southern Liberal institute, at Griffin,
in the county of Spalding.
An Act to require persons applying for a Writ of Habeas
Corpus ad sujiciendum in any State case, to give the pro¬
secutor notice of the time and place when said applica¬
tion will be heard.
An Act to authorize the Commissioners of public roads
of Chatham county to shut up permanently the Creek be¬
tween Whitemarsh and Oatlands Islands, and to exempt
the people from Skidaway Island, in said county, from
road duty for one year, and their hands.
<560
JOITRNAIi OF THE
An Act to revive and make of force an act to incorpo¬
rate the Thomas ton and Barnesville Railroad Company,
■with power to construct a Railroad from some point on the^
Monroe Railroad, at or near Barnesville, in Pike county,
to the town of Thomaston, in Upson county, and to punish
persons who may wilfully injure the same, and to confer
all corporate powers necessary to effect said object, assent¬
ed to December 23d, 1839.
An Act to chaDge the times of holding the Superior
Courts of the counties of Taliaferro, Madison and Elbert,
and the Inferior Court of the county of Heard.
An Act to amend an Act to incorporate the city of Co-
lembus, and to prescribe the powers and duties of the
City Guard.
An Act to incorporate the Coosa and Chattooga River
Railroad Company.
An Act to confer upon the Justices of the Inferior Court
of the counties of Carroll, Hall and Lee, the powers of ex¬
amining and allowing Tax Collectors insolvent lists.
The Senate took up and concurred in the following
Resolutions of the House of Representatives:
Resolved, That the Governor be, and he is hereby au¬
thorized, to draw his warrant on the Treasury for the
amount of the Poor School fund coming to the county of
Burke, and that Joseph A. Sfrewmake, a member of the
Inferior Court, be allowed to draw the same, and that the
Governor be authorized to draw his warrant on the Trea¬
surer in favor of John F. Moreland, for the Poor School
fund of the county of Heard.
The Senate took up and concurred in the Resolution of
the House of Representatives, authorising his Excellency
the Governor, to have additional copies of the Laws and
Journals for distribution, and supply of new counties, and
the members of this General Assembly.
The following message was received from the Governor
by Mr. Hood, his Secretary :
Me. Peesident : The Governor has assented to, and
signed a Report of the Joint Standing Committee on the
Judiciary with a Resolution annexed, authorizing the Gov¬
ernor to employ counsel to defend cases pending in our
Courts against the East Tennessee and Georgia Railroad
Company and her agents, as have originated in the con¬
flict of our own Legislation.
Also, the following Acts, to-wit:
Ho. 251. An act to authorize the consolidation of the
Stocks of the Georgia Railroad and Washington Rail or
Plank Road Company, incorporated 5th February, 1850,
and for other purposes.
Ho. 252. An act to incoiporate Atlanta Lodge, Ho. 59 ;
Perry Chapter, Ho. 18, in the town of Perry, Houston coun
SENATE. 661
ty ; Houston Lodge, Ho. 35; Thurmond Lodge, Ho. 107 ;
Lincoln Lodge, Ho. 78 ; Thomaston Chapter, Ho. 29; and
.Morning Star Lodge, Ho. 27, of Free and Accepted Ma¬
sons ; and Greensboro Division, Ho. 67, Sons of Temper¬
ance ; and Ringgold Lodge, Ho.—of Free and Accepted
Masons.
Ho. 253. An act to alter and amend an act entitled an
act to protect the estates of Orphans, and to make perma¬
nent provisions for the Poor, approved December 18th,
1792, so far as relates to the amount of the bond to be
given by Administrators; also, to authorize the sale of,
Ileal Estate of free persons of color, and to provide for
the disposition of the proceeds.
Ho. 251. An act to amend an act entitled an act to in¬
corporate the Savannah Female Asylum Society in the city
of Savannah.
Ho. 255. An act to authorize the Justices of the Inferior
Court of Cherokee county to examine and allow the Tax
Collector of said county his Insolvent List.
Ho. 256. An act to authorize the Savannah and Ogee-
chee Canal Company to extend the Savannah and Ogee-
chee Canal to the Altamaha River.
Ho. 257. An act amendatory of so much of an Act
passed by the Legislature of 1849, as authorizes the City
Council of Milledgeville to levy and raise a Tax, on the
assessed value of real property owned or leased for a term of
years within the corporate limits of said city, so as to ex¬
tend the time within which to raise an amount to pay the
subscription of Stock in the Milledgeville and Gordon
Railroad.
Ho. 258. An act to incorporate the Town of DeSota, in
the county of Floyd.
Ho. 259. An act to limit the time for taking out grants
to the States half, and informers half of any lot of land
fraudulently drawn in anyof the Land and Gold Lotteries
of this State, and to provide for the granting of the same
after the expiration of said time.
Ho. 260. An act to appropriate money for the purposes
therein designated.
Ho. 261. An act to change the name of John Sheahan of
the county of Chatham to the name of John Theodore Mc¬
Farland, and to allow and qualify the said John, under the
name of John Theodore McFarland, to inherit property
from John McFarland oif Chatham county.
Ho. 262. An act to alter and amend the 1st section of
an act entitled an Act to alter and amend the several Acts
in relation to Itinerant Traders, and to prescribe the mode
of obtaining License, approved Hovembei .27,1845, so far
as respects the county ot Lee.
Ho 263 An act for the relief of the leachers of poor
43
662
JOUENAL OF THE
children of the county of Hall for the years 1844 and 1845.
Ho. 264. An act to alter and amend the Boad Laws
so far as they refer to Mcintosh county, so as to relieve
the hands subject to Boad duty 'who are resident upon Sa-
pelo Island from working the Boads upon the main land.
Ho. 265. An act to repeal the first section of an act,
approved 19th December, 1849, entitled an act to repeal
all laws respecting the importation of slaves into this
State, and to give certain powers to municipal corporations
in relation to slaves, and to amend the act thereby reviv¬
ed.
Ho. 266. An act to alter and amend the third section of
the first article of the Constitution of this State.
Ho. 267. An act to authorize His Excellency the Gov¬
ernor to cause to be corrected errors in the transcription
of grants in the office of Secretary of State, upon certain
conditions therein named.
Ho. 268. An act to alter and change the name of An¬
drew Jackson, of Telfair county, to that of Andrew Jack¬
son Passmore, his reputed father.
Ho. 269. An act to prescribe the order of the argument
of counsel in criminal cases.
Ho. 270. An act to incorporate Eraternal Lodge, Ho. 37,
of Free and Accepted Masons, at McDonough, in the
county of Henry ; Pinton Lodge, Ho.—of Free and Ac¬
cepted Masons, at JBarnesville, in the county of Pike; and
Generous Warren Lodge, Ho. 24, of Free and Accepted
Masons, in the county of Walton.
Ho. 271. An act to incorporate the Lanier House Com¬
pany at Macon.
Ho. 272. An act to incorporate the Attapulgus Female
academy in the county of Dscatur; the Crawfordville
academy in the county of Taliaferro ; and the Starkville
academy in the county of Lee, and appoint Trustees there¬
for.
Ho. 273. An act to limit the lien of Judgments gender¬
ed in any of the Courts of this State.
Ho. 274. An act amendatory of an act assented to 22d
December, 1834, to alter the laws relating to County
Academies, so far as relates to the county of Baldwin.
Ho. 275. An act to extend the corporate limits of the
town of Eatonton, to regulate the licenses therein, and to
change the time of electing Commissioners, and for other
purposes.
Ho. 276. An act to alter and change the line between
the counties of Lee and Sumter, so that lot, Ho. 53, 15th
District of Sumter, whereon Moses W. Bryan resides, shall
be added to and included in the county of Lee, and to
change the lin®s between the counties of Lumpkin and
SENATE.
663
Hall, between the counties of Cobb and Cherokee, and
other lines therein named.
No. 304:. An act to amend the several acts heretofore
passed, incorporating and relating to the South-West¬
ern Railroad Company, and to authorize said Com¬
pany to build and maintain a Railroad from the South¬
western Railroad at Fort Yalley, crossing the Flint River
to or near to a place called Wolf Pen, in the county of Ma¬
con, and there to join the Railroad of the Muscogee Rail¬
road Company.
No. 305. An act to authorize the levying a Tax for the
purpose of building a Jail in Blairsville, Union county.
No. 306. An act to amend the several acts heretofore
passed in this State incorporating the Brunswick and Flori¬
da Railroad Company, and the several acts amendatory
thereto.
No. 307. An act to incorporate the Indian Spring Rail¬
road Company.
No. 308. An act to confer certain privileges upon cer¬
tain persons therein named, and for other purposes there¬
in mentioned.
No. 309. An act to authorize the Central Railroad and
Banking Company of Georgia to lease and work such Rail¬
roads as now connect or may hereafter connect with the
Central Railroad, and to authorize the Boards of Direc¬
tors of such Railroad Companies as now have or may
hereafter have their respective Railroads connecting with
the said Central Railroad, to make leases thereof for a
term of years, or during the continuance of their respec¬
tive charters.
No. 310. An act to change the name of Margaret Jane
Brooks to that of Margaret Jane Chappel, and to make
her the heir at law of John B. and Margaret W. Chappel.
No. 311. An act to amend an act passed the 23d
day of December, 1826, granting to the corporate autho¬
rity of the town of Macon a certain tract of land adjoin¬
ing said town, for the purpose of preserving the health,
so far as to declare the police regulations of the city of
Macon of force over said land, and to alter and amend
the 2d, 6th, 21st, 22d, and 84th sections of an Act
entitled an Act to alter and amend the several Acts incor¬
porating the city of Macon, approved December 27th,
1847, so far as to change the time of holding the city elec¬
tions' in Macon, to amend the act passed the 22d day of
February, 1850, relating to the election of Marshal and
Deputies for said city.
No. 312. An act to alter and amend an act entitled an
* • J-1*- AT— v—v gaTannah Steam
. B. Crawford of the
c64 journal of ths
county of Madison, from tlie disabilities and protection of
minority.
No. 314. An act to appoint Trustees for the Camden
county Academy.
No. 315. An act to regulate the practice of the Supreme
Court and of the Superior Courts of this State, and for
other purposes, and to relieve suitors in the Supreme
Court, and to change the Districts, times and places of
holding the Supreme Courts.
The following message was received from the House of
Representatives by Mr. Sturgis, their Clerk:
Mr. President: The House of Representatives have
passed a Resolution authorizing the Governor to draw his
warrant in favor of Arthur Irwin for the amount of the poor
school fund of the county of Forsyth,
In which they ask the concurrence of the Senate.
The Senate took up and concurred in the Resolution of
the House of Representatives, authorizing His Excellency
the Governor to draw his warrant on the Treasurer for the
amount of the poor school fund for Forsyth county, and
that Arthur Irwin, Representative from Forsyth county be
authorized to receive and receipt for the same.
The following message was received from the House of
Representatives by Mr. Sturgis, their Clerk:
Mr. President: The House of Representatives have
agreed to a Resolution to authorize the Governor to draw
his warrant on the Treasury for the amount of poor school
funds due to the county of Jefferson in favor of P. B.
Connelly.
On motion, the Senate took up and concurred in the
Resolution.
Mr. Betliune laid upon the table the following Resolu¬
tions, which was taken up, read and agreed to:
Whereas, Under the Constitution of the State, each
county will be entitled to one Senator,
Be it therefore Resolved, That .his Excellency the Gov¬
ernor be and he is hereby requested to adopt measures for
having the Senate Chamber so altered as in his opinion is
best calculated to provide for arranging desks and seats for
the increased number Of Senators.
Mr. Harman from the Committee on Enrollment report¬
ed as duly Enrolled and ready for the signature of the
President of the Senate, the following Acts and Resolu¬
tions :
An Act to incorporate the Georgia and Florida Railroad
Company, and to confer certain powers and privileges
therein mentioned.
An Act more effectually to prevent fraud in elections
in this State, and to detect and punish the same.
An Act to amend an Act entitled an Act amendatory of
BE3TATE. 665
and in addition of the various Acts heretofore passed in
otifriojrt t0 c^r Savannah, approved December
8 th, 1849, to allow an appeal to a special Jury in the Su¬
perior Court of Chatham county from any decision made
under the sixth section of that Act 5 and also, to provide
for the registry of the names of all persons entitled to
vote for Mayor and Aldermen of said city, and to pre¬
vent persons from voting for such Mayor and Aldermen
whose names are not registered.
An ^ Act to incorporate the Oglethorpe Bridge and
Turnpike Company, and to punish those who may wil¬
fully injure the same.
An Act to grant exemptions to Cavalry Corps, and for
the formation of Squadrons of Cavalry, and to confer cer¬
tain privileges upon the Baldwin Blues.
An Act amendatory of the general Road Laws of this
State, so far as relates to the county of Baldwin.
An Act to incorporate a Bank in the city of Atlanta,
to be called the Atlanta Bank.
A Resolution relative to the erection of a Monument
to the late Hon. John Forsyth.
A Preamble and Resolution relative to the funds appro¬
priated to improve the navigation of the Great Ogeechee
river.
A Report on A. M. D. King's Memorial.
A Resolution relative to Academy Funds in the county
of Union, January 5th, 1852; agreed to.
A Resolution to authorize James M. Calhoun to draw a
certain sum of money for Jesse C. Farrer.
Also, the Report of the Select Committee appointed to
investigate the Iron interests of Georgia.
And also, the Report of the Joint Standing Committee
on Military Affairs.
Mr. Harman, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate, the following Resolutions :
A Resolution relative to a Mail Route from Waresbor-
ough to Jacksonville.
A Resolution requesting the Governor to have collected
certain public arms, and deposited in the Department of
State. , . ...
A Resolution directing the publication m three public
Journals, certain Acts of the Legislature.
A Resolution relative to the hospitality and kindness of
the municipal authorities of Savannah.
A Resolution in relation to certain Mail Routes.
A Resolution relative to the establishment, near the
city of Augusta, of a large Depot of Arms.
The Report of the Select Committee, to whom was re-
666 JOTTRXAX. OR TIM
ferred the petition of the Select axd Common Councils of
the city of Philadelphia.
The Report of the Special Committee respecting the
suit pending in the Supreme Court of the United States
in favor ef Florida against Georgia.
The Report of the Committee on the petition of Vm.
Q. Anderson, R. J. Willis and Thomas Anderson.
The Resolution relative to the losses sustained by the
citizens of Georgia in the Creek War.
Resolution to famish Savannah Yolunteer Guards with
100 muskets.
Resolution to deliver to H. W. Cannon, county Surveyor
of Rabun county, certain Field Books.
Resolution to furnish the Georgia Historical Society
with certain books, &c.
Preamble and Resolution with declaration of certain
principles.
Preamble and Resolutions relative to the funds appro¬
priated to improve Great Ogeechee river.
The Memorial of the State of Georgia to the Congress
of the United States.
And also, a Report upon the claim of Joseph Sturgis.
Mr. Harman, from the Committee on Enrollment, re¬
ported as duly enrolled and signed by the Speaker of the
House of Representatives and ready for the signature of
the President of the Senate, the following Acts and Reso¬
lutions :
A Resolution to authorize the Governor to draw his
warrant for the poor school funds of Burke and Heard
counties, and also the poor School fund of Forsyth county.
Also, to distribute additional numbers of the Laws and
Journals.
An Act to provide for the education of the poor.
An Act to alter and amend an Act entitled an Act to
alter and amend an Act for the better regulation of the
town of Monticello, in the county of Jasper, and to autho¬
rize the Commissioners of the town of Forsyth to» pay a
Marshal.
Mr. Anderson laid upon the table the following Resolu¬
tion : *
Resolved, That a Committee of three be appointed by
the Senate to join a Committee from the House, to wait
upon his Excellency the Governor and notify him that we
have dispatched the business of the session, and are now*
ready to adjourn, and to ascertain whether he has any fur¬
ther communication to lay before the General Assembly.
Which was taken up, read and agreed to; and Messrs.
Anderson, Cone and McCune were appointed that Com¬
mittee.
bknjltb. 667
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk :
Mr. President : The House of Representatives have
appointed Messrs. Harris of Clark, Milledge and Tift, as
a Committee on their part, to join the Committee appoint¬
ed on the part of the Senate, to wait upon his Excellency
the Governor, and inform him that both branches of the
Legislature are now ready to adjourn, and to ascertain if
he has any farther communication to lay before either
branch of the General Assembly.
_ Mr. Harman laid upon the table the following Resolu¬
tion, which was taken up, read and agreed to :
Resolved by the Senate and House of Representatives,
That his Excellency the Governor be requested to have
published with the Laws, only such Resolutions passed in
the present session of the Legislature as are of a public
nature.
The following message was received from the House of
Representatives by Mr. Sturgis their Clerk:
Mr. President : The House of Representatives have
concurred with the Senate in their Resolution requesting
the Governor to have published with the Laws, sueh Re^
solutions only as are of a general nature.
The following message was received from the Governor
by Mr. Hood, his Secretary:
Mr. President : The Governor has approved and sign¬
ed the following Acts, to-wit:
Ho. 317. An Act to add an additional section to the
Act supplementary to the Act for the appointment of
County Officers, approved December 4th, 1799.
Ho. 318. An Act amendatory of the Statute of Limita¬
tions.
Ho. S19. An Act to prescribe certain rules and regula¬
tions to be observed by the several Railroad Companies in
running engines upon their respective tracks, and to an¬
nex a penalty for the violation of the same.
Ho. 320. An Act to incorporate Mount Zion Academy
in the county of Murray, and the Hawkinsville Academy,
and appoint Trustees therefor, and the Fort Valley Fe¬
male Seminary or High School. ^ .-L O
Ho. 321. ?Ln Act to change the time of holding the Su¬
perior Courts of the counties of Taliaferro, Madison and
Elbert, and the Inferior Courts of the county of Heard. _
Ho. 322. An Act to incorporate the Griffin Collegiate
Seminary for young ladies, and to appoint Trustees for the
-^Ho' 323 An Act to incorporate the village of Cave
Spring in" the county of Floyd, and to provide for the
ejection of Commissioners for the same. . „ '
Ho. 324. An Act to incorporate the town oi Marietta,
668 JOURNAL OR THE
in the county of Cobb; and also to enlarge the boundary
of said town, and incorporate the same, under the name
of the city of Marietta, and to provide for the election of
a Mayor and City Councilmen, and such other officers as
may be required, and confer upon them specified powers,
and for other purposes therein mentioned.
Ho. 325. An Act to alter and amend an Act, approved
December 22d, 1847, to compensate the Grand and Petit
Jurors of Campbell county, and to authorize the Justices
of the Inferior Court to levy an extra tax for that purpose*
No. 326. An Act to authorize the Justices of the Infe¬
rior Court of Dade county to levy and collect an extra
tax.
Ho. 327. An Act to legalize and make valid any pro¬
cess heretofore signed by any Deputy Clerks, or which may
hereafter be signed by them.
Ho. 328. An Act to change, alter and fix the time of
holding the Inferior Courts of the county of Early.
Ho. 829. An Act to amend an Act entitled an Act to
lay off and divide the State into eight Congressional dis¬
tricts, and to point out the mode of electing members to
Congress in each district, and to provide against illegal
voting, so far as to reorganize said Districts.
■ Ho, 330. An Act to confer upon the Justices of the In¬
ferior Court of the counties.of Carroll and Hall, and Lee,
the powers of, examining and allowing Tax Collectors in¬
solvent lists.
Also, a Joint Resolution appointing P. B: Connelly, of
the county of Jefferson, John Cameron, of the county of
Scriven, William IL. MeLean, of the county of Bulloch,
Milton H. Powers, of the county of Effingham, and Jack¬
son Bird, of the county of Bryan, Commissioners to exam¬
ine into the condition and management of the funds ap¬
propriated to improve the navigation of the Great Ogee-
chee River, and to report the same to the next General
Assembly, with such recommendations as to the past and
future management as they may think proper.
Mr. Harman, from the Committee on Enrollment, re¬
ported as duly enrolled and ready for the signature of the
President of the Senate, the following Acts:
An Act to open and construct a Railroad fr&n the termi¬
nus of the Horth Carolina Railroad, at or near the Locust
Stake, on the State line, and thence by the most practi¬
cable route, by way of Clayton, in Rabun county, to. inter¬
sect the South Carolina Railroad at Anderson Court-house.
An Act to compel persons owning five thousand or
more acres of land lying in the counties of Clinch, Deca¬
tur .and Rabun, to give in and pay taxes for the same
in said counties.
An Act to incorporate the city of Oglethorpe, and to
SENATE. 669
alter and amend an Act entitled an Act to incorporate
the town of Oglethorpe in the county of Macon.
t-» v11 "^"c^ legalize the adjournment of Decatur and
Baker Superior Courts.
An Act to he entitled an Act to authorize the City
Council ot Columbus to loan the Bonds of said corporation
for $75,000 dollars, to tho itfuscogec Railroad Company.
An Act to incorporate the LaGrange Steam Mill Com¬
pany, and for other purposes.
An Act to incorporate a Bank in the city of Colum¬
bus, to be called the Manufacturers' and Mechanics' Bank
of Columbus.
An Act to prevent the evading of tolls on the Plank
Roads in the State of Georgia.
An Act to incorporate the Henderson and Marthasville
Plank Road and Turnpike Company.
An Act to alter and regulate the times of holding the
Superior Courts in the Flint and Coweta Districts, to allow
a longer time for holding a part of said Courts, and to au¬
thorize the drawing of other Juries for a part of them, and
to fix the time of holding the Inferior Courts in the coun¬
ties of Upson, Pike and Spalding.
Mr. Anderson from the Committee appointed to wait on
His Excellency the Governor, and inform him that both
branches of the General Assembly are now ready to ad¬
journ sine die, reported that the Committee have perform¬
ed that duty, and receive for answer from His Excellency,
that he had no further communication to make to the
General Assembly.
Mr. Cone laid upon the table the following Resolution,
which was taken up, read and agreed to.
Resolved, That the Secretary be direeted to inform the
House of Representatives that this branch of the General
Assembly have completed the business of the Session, and
is now ready to adjourn sine die.
Mr. McCune laid upon the table the following Resolu¬
tion:
Resolved imanim/yusly, That the thanks of tho Senate
are due, and are hereby tendered to the Hon. John W.
Anderson, President jpro. tem/pore, of the Senate, for the
courteous, impartial and dignified manner in which he has
presided over the Senate, during the absence of the Presi¬
dent. "Which was taken up, read and agreed to.
The following Message was received from the House of
Representatives by Mr. Sturgis, their Clerk :
Mr. President : I am directed by the House of Repre¬
sentatives, to inform the Senate that they have gone
through with the business of the Session, and are now
ready to adjourn sine die. , .
On motion of Mr. Cone, the Senate adjourned sme die.
RULES OF SENATE FOR 1851-2.
1st. The President having taken the chair, a quorum be¬
ing present, the Journal of the preceding day shall be read •
immediately after which, it shall be in the power of any
member to move for a re-considerstion of any matter there¬
in contained, (providing such member, at the time of read¬
ing such matter, shall notify the Senate of his intention to
move such re-consideration,) except such matter as has been
•heretofore re-considered. But in cases where the life of an
individual is concerned, there may be two re-considerations.
2d. Every bill or resolution having been lost or passed,
and again re-considered, shall immediately thereafter, by
the Secretary of the Senate, be placed on file, in the stand¬
ing order, and be taken up accordingly, and take prece¬
dence from the time of re-consideration only, unless other¬
wise directed by the Senate.
3d. No member shall speak to another, or otherwise in¬
terrupt the business of the Senate, or read any printed
paper, while the journal or public papers is reading, or
when any member is speaking in' debate.
4th. When any member is about to speak, or deliver any
matter to the Senate, he shall rise from his seat and address
himself to the chair; he shall confine himself to the ques¬
tion under consideration, and at all-times avoid personality.
5th. No member shall speak more than twice in any
one debate, on the same day, without leave of the Senate.
6th. When two members rise to speak, the first that rises
shall be first in order, which shall be determined by the
President.
7th. No-motion shall be put or debated' until thd same
be seconded.
8th. When a motion is made and seconded, it shall be
reduced to writing, when required by the President or any
member, delivered in at the table, and read, before the
same shall be debated.
9th. When a question is before the Senate, no motion
shall be received, but to adjourn ; to lie on the table; to
postpone indefinitely; to postpone to a day certain; to
commit or to amend; which several motions shall have
precedence in the order they stand here arianged. T e
motion for adjournment shall always be in order, and de¬
cided without debate; but the motion for adjournment'a
second time shall be out of order, until the question before
the Senate is first disposed of.
BULBS OP SBNAXB. 675
Committer on Privileges and Elections; second, on Peti-
f q ' 011 "^nr.°^men^ > fourth, to examine the Journals
i» ^ feenate ; which committees not to consist of more
than five members each; and it shall be the duty of the
Committee on Privileges and Elections to examine and
report upon the certificates of the elections, or other cre¬
dentials of the members returned to serve, and to take
into their consideration all such petitions and other matters
touehing elections and returns as shall or may be presented,
or come in question, and be referred to them by the Senate.
22d. When any communication is received from the
Governor, it shall be in order to take it up as soon as the
matter then under consideration is disposed of.
23d. The unfinished business in which the Senate was
engaged at the last preceding adjournment, shall have the
preference in the Order of the Day, and no motion or any
other business shall be received until the former is disposed
of.
21th. No standing rule of Senate shall be altered without
one days' notice being given, expressing the intended al¬
teration, nor shall any rule of Senate be dispensed with
except by a vote of two-thirds of the members present.
25th. The Secretary, Assistant Secretary, and Engros¬
sing and Enrolling Clerks, shall be sworn or affirmed be¬
fore the presiding officer of the Senate, to discharge their
respective duties faithfully and to the best of their skill
and ability; of which oath or affirmation an entry shall
be made on the Journals before they enter upon the dis¬
charge of smch duties.
26th. The Senate will entertain no bill or amendment to a
bill proposing to change names of individuals, to legitimate
children, or to alter county lines so as to change the resi¬
dence of citizens, without the written application of the per¬
son whose name or residence is proposed to be changed, or
whose reputed children are proposed to be legitimatized.
27th. The President may at any time call a member of
the Senate to the chair, to preside over its deliberations for
that day's session, and no longer.^
28th. All bills read a second time, and committed to a
Committee of the Whole, shall, unless otherwise ordered
by the Senate, be taken up as reports of the Committee.
v W OBDBB OF TUB I>AT SMALL BB AS FOLLOWS
1st. Unfinished business of the last adjournment.
2d. Reports of Committees of the Whole.
3d. Bills for a third reading.
4th. Bills for a second reading.
5th. Bills of Senate for Committee, in the order they
stand numbered. - '
6th. Messages, in their order, from the House of Repre¬
sentatives.
676 RULES 0E SENATE.
loth. The previous question being moved and seconded
by a majority, the question from the chair shall be: "Shall
the main question now be put ?" and if the nays prevail,
the question shall not then be put.
11th. If a question in debate contains several points, any
member may have the same divided.
12th. When the yeas and nays are called by two mem¬
bers, each member called upon shall (unless excused) de¬
clare openly and without debate, his yea or nay to the
question, and upon the call of the House, the members
shall be taken by their names in alphabetical order, and
no member shall be allowed to change his vote after the
same has been pronounced by the chair.
13th. When any member wishes to introduce a bill, he
shall rise from his seat, address the chair, read the caption,
and on leave report his bill instanter ; and these reports in
point of order, shall hold the place of reports from commit¬
tees. But all resolutions expressing the opinion of the
Legislature shall lie at least one day on the table, unless
otherwise ordered by a majority of the Senate.
14th. Ho bill shall be committed until it shall have been
twice read, after which it may be referred to a committee.
15th. Whe*n a member is called to order, he shall take
his seat until the President shall have determined whether
he is in order or not; every question of order shall be de¬
cided by the President without debate; but if there is a
doubt in his mind, he shall call for the sense of the Senate.
16th. If a member be called to order for words spoken,
the exceptionable words shall be immediately taken down
in writing that the President may be better enabled to
judge of the matter.
17 th. When a blank is to be filled and different sums
and different days are proposed, the question shall be ta¬
ken on""the highest sum and most distant day first.
18th. All petitions shall be numbered as they are receiv¬
ed, and taken up and decided on in the same order as they
were received.
19th. Ho member shall absent himself from the service
of the Senate, without leave first obtained : and in case a
less number than a quorum of the Senate shall convene,
they are hereby authorized to send any person or persons
by them authorized, for any or all absent members, as the
majority of such members present shall agree, at the ex¬
pense of such absent members respectively, unless such
excuse for non-attendance shall be made as the Senate,
when a quorum is convened, shall judge sufficient.
20th. Ho member shall leave his seat after adjournment,
until the President shall have left the room.
21st. There shall be four standing Committees of the Sen¬
ate appointed at the commencement of each session. First,
INDEX.
A.
ABSENCE.
Leave of, granted to
Mr. Wright, 47,75,125, 243
Griggs, 1^2
John^L. Bird, _ 55
Tomlinson, 76, 1^2, 235, 378
§S?" ™,lK
Harman, «, 111, 243
Iceman, 98, 316', 556
irwfeD' 1«
Hicks, 107
Spalding, llg^ 131
Bethune, ^ g49
Burks, -o 043
Watters,
McRae, ^
Sr°,clfr' 118 531
IValthour, !23, 531
y-' 125, 387, 626
Slaughter, '
Boss, 429
Wolfe, 131 316
Lawson, 131 631
Simmons, lg4 142? 350
Bay, 442, 243
MeCune, 197 224) 531
Reed, 205
P. M. Byrd, 214 gl^ g42
Anderson, 244
Bryan, 235 534
Butler, 244
Calhoun, 243
Chappell, 243
Beavers, 243
Moore, 350
Glenn,
44
678 imossc.
ABSBN OE.—(Coktiktjeo.)
Leave of, granted to
Mr. Stewart, S8f
Knight, 549
ATTORNEYS AT LAW.
Following authorized to practice:
Alfred F. Braham, 48, 54, 59, 65
John W. Duncan, 481, 501, 526
ATTORNEY AND SOLICITORS GENERAL.
Fees of, 121, 130, 160,165
ANDERSON, JOHN W.
Elected President, pro Um.t 73
Thanks to, 666
ASYLUMS.
Deaf and Dumb, 81
Savannah Female, 82, 97, 114
Lunatic, 86
Muscogee for the Poor, 217, 228, 238, 643
ATLANTA, CITY OF
Election of Marshal, 90,106,110
Extra Tax, 318, 331, 460
ALEXANDER, TOWN OF.
To incorporate, 185, 197, 199
ANTIOCH, TOWN OF.
To incorporate, 264, 283, 310
ACADEMIES.
Baldwin county, 92, 106,110
Barnesville, 92, 107, 114
Atlanta, 119,130,162
Mount Zion and others, 142, 164, 212
Grawfordville, 205, 229, 277
Starkrille, 225, 238
Attapnlgus, 226,238
Camden county, 813, 315, 319
Oak Ridge, 542, 553, 562
For the Blind, 564, 571, 579
APPROPRIATIONS.
Contingent Fund for 1851,1852 and 1853, 95,106
For repair of Executive Mansion, 95,110
For certain purposes, 98, 107, 109, 588, 600,
606, 622
General for years 1852 and 1853, 460, 480, 492,
517, 530, 583, 601
For arrest of James Williams, 542, 552, 560, 601
ATTACHMENT LAWS.
To amend, 230, 238, 265, Jil, 320
AMERICU3, TOWN OF.
To incorporate, 266, 281. 285
ANDERSON, A. H.t AND MOSES P. GREEN.
Authorised to ereet Bridge, 481, 501, 526
Tsrrrax. 679
ALBANY BRIDGE COMPANY.
To incorporate, 818, 881, 83T, 460, .641
B.
BAXTER, ELI H.
Senators sworn in by k
BROWN, JACK.
Elected Solicitor, 41
BISHOP, BRINKLEY.
To pardon, 47 54 58
BARNETT, HATH AH C. ' '
Elected Secretary of State, 54
BAIHBRIDGE, TOWN OF.
To incorporate, 64, 78,104, 600
BAKKS.
Of the State, 93,106, 110
Atlanta, 107, 115,158, 218, 220, 223, 225
262, 326, 636
Savings in Augusta, 125, 136, 157
Augusta Insurance, . 125, 136, 139
Manufacturers of Columbus, 234, 263, 500, 641
Agencies of Foreign, 302, 313, 330
Redemption of Liabilities, 383, 391, 403
Small Bills, 409, 434, 450
La Grange, 577, 580, 592
BAHKIHG, PRIYATE AHD CHAHGE BILLS.
To prevent, 125, 136, 174, 193, 615
BONDS, BILLS AHD NOTES.
Relative to, 116,122,173, 192
BIBB COUNTY.
Grand Jury proceedings, 188
BOOKS, DISTRIBUTION OF
In Habersham county, 185, 196, 200
BOYCE, KER
Invited to seat upon Senate floor, 21Y
BRUNSWICK LAND COMPANY, 399
BOON, KINOHEN P.
Pardoned, SSO, 541, 54T, 548
BETHUNE, MR.
Appointed to examine and correct Journal, 636
0.
GONE, PETER
Called to the Chair, 8
CHISOLM, K. D.
Appointed Assistant Secretary, 6
Thanks to,
Elected Solicitor, 149
680 IHDEX.
CIRCUITS, JUDICIAL
To lay off new, 740,44, 73, 75,113
CANAL COMPANIES.
Savannah and Ogeechee, 176, 195, 198
COBB, HOWELL
Elected Governor, 85
Inaugurated, 39
COMMITTEES. ,
Standing, 42
Deaf and Dumb Asylum, 43
Congressional Districts, 53
New Counties, 59
Penitentiary, 62
CHURCHES, TO INCORPORATE, &c.
Baptist, at Macon, 43, 51
" " Marietta, 82, 97
" " Lexington, 409, 435,446
Pisgah, 82, 97,171
Antioch, 234,264
Concord, 436, 452, 461
Certain Churches, 529, 541, 548
CRIMINAL CASES.
To prescribe order of argument, 43, 51, 57
CONGRESSIONAL DISTRICTS.
To lay off, 98, 213,238,245
CONSTITUTION, TO ALTER AND AMEND, Ac.
3d section 1st article, 39,46, 48
12th " 2d " 89,46, 50
6th " 3d » 39,46,49, 51,52,282
1st " 3d " 62,77, 88
7th « lBt « 123,130,136, 139,201,233,
253 -273
3d " 3d " 164, 175,183'419
12th " 1st " 204, 213, 227, 232
CORNETT, GARLAND D.
To pardon, 48, 54, 58, 86
CLERKS.
Enrolling and Engrossing, 51
CANDLER, E. S.
Elected Comptroller General, 54
COMPTON, P. M.
Elected Surveyor General, 54
COURT OF COMMON PLEAS, &c.
Savannah, 56-, 58, 72, 643
CHAPMA.N, S. T.
Elected State Printer, 60
CAPITAL PUNISHMENT.
To abolish, 68, 78, 95. 132, 260
CONTINUANCES.
To regulate, 205, 229, 260
INDEX. 681
CARRIERS COMMON.
cavetsS0incg, village of 82'97'101'133
coLLE^raS^sTrr^ls!64'207) 614'632'626
Chalmers' Female' 38 4.6 50
Greenesboro' Female, 383, 391. 402
Ainericus « 333 391 403
Newman « ±36j 452? ±61
Southern « 55? 60j 79
South-Western Baptist Female, 185,196,199,203
Washington county " 264? 283, 294
LaGrange " 264,284,294
Central « 481, 501, 528
Georgia Military Institute, 38, 46, 57, 59
Madison Collegiate " 39, 46, 50
Griffin Synodical 112, 118, 211
Georgia Mechanical & Manufactural, 141,164,211,
392, 408, 431
Moral and Theological, at Griffin, 188,198, 261
Griffin Collegiate Seminary, 242, 264, 305, 637
Southern Hydropathic, 348, 360, 381
Southern Botanico Medical College, 567, 571, 578
Lagrange Female Collegiate Seminary, 481,501,518
cobb county.
Court-house and Jail, 225, 238, 247
COUNT? TREASURERS.
In Troup, 230, 238, 265
CLINCH COUNTY.
Persons owning 5,000 acres of land, to give
in and pay their taxes in the county, 364, 386, 397
To change name of public site, 480, 500, 524
CLERKS,
Seals of office, 333,345
To make valid process by Deputy, 355, 358, 378
To legalize Acts ©f Superior, Infe¬
rior ana other Courts, 235,452, 462
CENSUS,
To provide for the taking, 360, 382, 398
CALHOUN, TOWN OF
To incorporate, 409, 434, 450
CAMDEN COUNTY,
To change District lines, 436, 453,460
COLUMBUS, CITY OF
To amend Act of Incorporation, 454, 477, 499
To authorize loan of bonds to Mus¬
cogee Railroad Company, 577,578, 590
COYLNGTON, TOWN OF
To extend corporate limits and pow¬
ers, 502, 529,540
082 Brass.
CADETS,
To provide for the Education of a
certain number, 5Y7,580, 591
CHATHAM COUNTY,
A Free School Fund, 185, 196,201
Road between Whitemarsh and
Oatlands Islands, 204, 213, 248,261
Fees of Magistrates and Con¬
stables, 485,452, 462, 481, 500, 525
COUNTY OFFICERS,
Advertisements of, 158, 175,195
To add section to Act supple¬
mental to Aet appointing them, 472, 500, 528
COLQUITT, WALTER T., AND OTHERS
To give them privileges in the Chat¬
tahoochee River, 154, 175,178, 212
COURTS, SUPREME, SUPERIOR AND INFERIOR,
To legalize, alter and fix the times of holding
in 2nd Supreme Circuit, 529, 540, 551
Harris eounty, 62, 77, 85
Early « 91,106, 110, 643
Irwin and Telfair, 92,106, 110
Floyd, Cass and other counties, 121,1.30
Coweta and Blue Ridge Circuits, 131,141, 242, 262
Maoon, " 198,260,477
Blue Ridge, " 284, 291, 304,460
Southwestern, " 436,452,454
Flint and Coweta, " 621, 635, 650
Marion county, 141, 176, 180
Heard and Troup, 322, 334, 837
Decatur and Baker, 349, 358, 378
DeKalb and Carroll, 383, 391, 402
Taliaferro, Madison and Elhert, 474, 499, 435, 643
Richmond and Chattooga, 502, 529, 602
Clark county, 541, 553, 560
Baker county, 585, 509, 614
CENTRAL BANK,
Relative to Assets, 164, 176, 177
CUTHBERT, TOWN OF
To incorporate, 185, 197, 201
CHEROKEECOUNTY,
To allow Insolvent Lists to Tax Col¬
lectors, 224, 228, 237
COUNTY LINES—TO CHANGE, &c.
Between Twiggs and Bibb, 89, 97, 172
" Paulding and Floyd, 92, 106, 158
" Clark and Madison, 107,114, 117
" Cobb and Clerokee, 153, 175, 237
" Lee and Sumter, 153, 775, 236
u
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K
«
u
u
u
«
tc
tl
«
it
<c
u
«
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a
TSTDBX. $88
COUNTY LINES TO CHANGE, &o.—Cootuttted.
Cass and Floyd, 154,175, 237,408,435,449
Ware and Telfair, 185, 197, 200
Hall and Lumpkin, §36
Murray and Floyd, and Gordon,
-Randolph and Stewart, 164, 283, 331,343
Jackson and Madison, 362, 264,298
Thomas and Baker, 264, 284, 294, 480
Ware and Wayne, 265, 283, 298
Telfair and Appling, 265, 283, 292, 459
Macon and Marion, 264, 283, 292
Pike and Spalding, 272,291,313, 385, 429
Butts and Monroe, 339, 345, 347
Jasperand Newton, 502, 529, 538
Macon and Crawford, 436, 451, 469
Greene and Taliaferro, 584, 599, 627
Campbell and Fayette, 480, 500, 524
Jones and Jasper, 435, 456,463
Baker and Randolph, 409,434,450
Cherokee and Forsyth, 408, 434, 448, 454,
485
Monroe and Spalding, 385, 429
u Hancock and Baldwin, 384
D.
DIVORCES,
To allow parties to marry, 38, 45, 51
To divorce Henrietta and Joseph Ald-
ridge, 08, 111, 113
DeSOTO,
Town of, 56, 68, 104, 605
DeGRAFFENREID, WM. K.
Elected Solicitor General, 129
DEER
In Carroll county, Hlj 1T5,184
DEEDS
Record Copies, 226, 238, 302
DEADWYLER, HENRY R.
Death of announced, 271
DADE COUNTY,
Extra Tax authorized, 361, 379, 385
Turnpike Company, 584, 599, 614
DEAF AND DUMB, .
To provide for indigent, 4ot>, 4oz, 4 < ±
DECISIONS ...
of President, ^ w ±53
DISCOVERIES AT COMMON LAW,
To amend Act to compel, 481, 500, 526,576
DALTC*y of 602> 529> 540
684
rarDKX.
DUPREE, ELIJAH J.
To grant oertain privileges to, 585, 599, 615
K
EXECUTORS, ADMINISTRATORS & GUARDIANS,
To compensate, 56, 68, 72
Relief of # 97,106,118, 203, 338,459,575
To enable Guardians to remove certain
property, 296, 315, 352, 359, 364, 389
To regulate mode of sueing bonds, 361, 382, 548
ELECTIONS,
To prevent frauds, 107, 114,117, 261, 267, 274
To preserve purity of in Chatham
county, 348, 360, 398
EVERETT, JOHN
To grant certain privileges to, 185, 196, 200
ELECTION PRECINCTS,
To establish, alter and abolish:
In Jasper county, 213, 228, 237, 239
" Cass, Gwinnett, and other counties, 265, 283,
292,. 309
" Irwin county, J 56, 68, 73
" Butts " ^ , 339, 344
" Warren and other counties, 350, 358, 378.
" Talbot county, 435, 452, 461
" Certain counties, 553, 563, 570-
EATONTON,
Town of, 225, 238, 247
EXECUTIONS,
To allow issue of in certain cases, 361, 382,402;
EUHARLEYVILLE,
Town of 409, 434, 450
EARLY COUNTY,
To grant strip of land to Inferior Court, 541, 453v
559-
ELBERT COUNTY,
Advertisements of Sheriffs, and other
officers, 542, 552, 560;
EDUCATION OE THE POOR,
To provide for, 553, 563, 568, 585, 601, 613, 620
F.
FIRE COMPANIES,
Washington in Savannah, 48, 54, 57
Oostanaula in Rome, 529, 541, 551
FOSTER, MR.
Added to Committee on corporations, 51
index. 685
FRACTIONS,
Grants in certain cases, " 92,106, 111
FIRE ARMS Corta™' 295> 315> 320, 353, 358, 364
floydVOUNTT1^68 from oarr},illff' 113' U8' 305
Extra Tax authorized, 185,196, 200
FREE PERSONS OF COLOR, '
Hire of in certain cases, 213.229. 257.
FIRE HUNTING, 5 '
In Baker and other counties prohibited, 285, 307,
313
FEES,
of Sheriffs, and other officers, 361, 382,402
FRAUDS, STATUTE OF
Construction of 4th Section, 564, 571, 579
FORSYTH, JOHN
Monument to, 630
G.
GLENN, LUTHER J.
Elected Secretary, 6
Thanks to, 640
GENERAL ASSEMBLY.
To change time of Meeting, 69, 78, 89, 90
GRANTS.
Fraudulent lots, 156, 178, 195
To correct transcription of, 239, 263, 280
GRANTS, AUTHORIZED TO ISSUE.
To Zadock Bonner, 481, 501, 527, 528
" Wm. P. Hightower, 360, 382, 401, 459
" Thos. A. Jones, 564, 571, 579
GREENVILLE.
Town of, 480, 501, 524
GEORGIA AND FLORIDA.
Relative to boundary line, 571, 580, 629, 657
H.
HADDEN, JONATHAN N.
Relief of, 59,141
HARDEMAN, MR.
Added to Committee on New Counties, 82
« « " " Judiciary, 188
HEADLIGHTS. 116i m> 32T) 460
Acts relative to amended, 348, 360, 381
Purchasers of Warrants, 541, 553, 563
IKPSX.
HILL, EDWARD T.
Elected Judge, 128
HABEAS CORPUS.
Notice to Prosecutor, 218, 260, 621, 688, 645
HARMAN, MR.
Allowed to change his rote, 249
HIGHTOWER, JAMES.
Estate of, 265, 288, 222
I.
IRWIN, DAYID.
Elected Judge, 128
ITINERANT TRADERS.
In Lee county, 188, 190, 208
To amend Act relative to, 435, 452, 470, 478, 478
IRON INTEREST.
Report and Resolutions relative to, 557, 615
J.
JEWISH CONGREGATION.
In Savannah, 8, 45
JOHNSON, JAMES.
To pardon, 48, 55, 58, 87
JURORS, TO COMPENSATE, &o.
In Harris connty, 56, 68, 72
" Union « 98, 111, 113
" Habersham connty, 123,130,196
" Lnmpkin, Habersham, and
Murray, 392, 408, 431, 499, 510, 545
" Hancock, 435, 452, 461
« Camden, 436, 451, 470
" Certain connties, 480, 501, 524, 526, 541,
552, 563
To amend Act in Campbell connty, 395, 445
" draw two panels in Macon county, 264, 283, 291
JUDGEMENTS.
Lien of, 156, 179
JUDGES OE SUPERIOR COURTS.
Election of by the people, 265, 283, 294, 387, 414
JEFFERSON,
Town of, 360, 382, 398
JUSTICES' COURTS.
Lost papers, 542, 552, 562
JUDICIARY COMMITTEE.
Thanks to, 649
WTDHX.
m
L.
LUMPKIK, JOSEPH H.
Elected Judge Superior Court- 41
LONG, THOMAS T.
Elected Solicitor, 4.1
LYON, JOHN,
Elected Solicitor, 41
LIMITATIONS, STATUTE OF.
Amendatory of, 62, 77, 89, 95,117,121, 290, 611
To stop running of in certain cases, SSI, 339, 315
LITTLE ME.
Added to Committee on New Counties, 82
LANDS.
Partitioning, 109,115, 181
Processioning, 188, 199, 207, 213, 259
LODGES AND CHAPTEES.
Atlanta and others, 119, 130, 210
Perry, 165,178
Houston, 165,178
Thurmon, 165, 178
Lincoln, 186, 199
Generous "Warren and others, 205, 229, 278
Pinta, 226,288
Fraternal, 233, 263
Carrollton, 355, 358, 378
LANIEE HOUSE COMPANY.
To incorporate, 165, 178, 211, 211, 263
LAECENY FEOM THE HOUSE.
Punishment, 218, 229, 260
LEE COUNTY.
Pnblic buildings, 265, 283,298
To build Court-house and Jail, 276, 291, 305
LOWNDES COUNTY.
Academic and Common School fund, 281, 291, 303
LAGEANGE.
Town of, 3^3, 392, 102
Steam Mill Company, 512, 516,559
Printing and publishing, 136,153,161, 173
LUNATIC ASYLUM.
Appropriation for 529, 511, 5o0
IJEN"- ... ... ...
On Steamboats, *®1, o69
LOTTEEIES. ,. 4
For Greene and Pulaski Monuments, 555, 561, 568
LUMBEE MEASUEEES. ^
To amend Act relative to, 555, 563, 569
688 INDEX.
LEVY AND SALE.
To exempt certain property from 567, 571, 578
M.
MILLER, ANDREW J.
Elected President, 5
Added to Committee on Internal Improvements, 47
" " " Judiciary, 51
Decisions, 447,453
Thanks to, 639
MITCHELL, ASA B.
Elected Door-Keeper, 6
Thanks to, 649
MESSAGES.
From the House, 6, 8, 34, 35, 36, 38, 39, 40, 41,
50, 52, 54, 57, 60, 61, 65, 67, 72,
74, 77, 84, 87, 88, 93, 108,112,
118, 124,128,129,138,143,145,
146,152,160,167,179, 186, 201,
209,218, 224, 230, 235, 243, 251,
256, 259, 267, 271,286, 313, 319,
323, 326, 336,341, 342, 349, 855,
356, 365, 378,386, 390, 395,412,
432, 454,459, 474,485, 489, 509,
512,541,543, 554, 559, 563, 566,
567,574,575,581, 585, 596, 597,
600, 603, 610,618, 623, 632, 638,
642, 648, 652, 658, 664, 667, 669
From Governor Towns—Biennial Messages, 8,34,39
Communicating Report of Joseph Sturgis, 35
Veto Message, 44
From Governor Cobb:
Signing Bills and Resolutions, 52, 59, 72, 78,119,
124, 135,137, 153,167,
179,182, 2.05, 208, 257,
276,284, 285,321, 527,
634, 660, 667
Communicating Rep't of Director Central B'k, 71,117
" " " Messrs. Pierce, Tal-
mage, and Mercer, 95
Communicating Report contract with Joseph
Sturgis, 103,180
Communicating Report of vote on election
Judges by the people, 109
Communicating Report of Wm. L. Mitchell, 130
" " " invitation of city
of Savannah, 189
Communicating Report Memorial and Reso¬
lutions of State of Tennessee, 218
index. 639
MES S AGES—(Continued.)
Relative t» boundary line between Georgia
and Florida, 322
Relative to Ski da way Narrows, 440
• " " Supplemental Tax Act, 486
" " Proceedings City Council of
Philadelphia, 554
Relative to Resolutions of Legislature of Alabama, 555
MITCHELL, WALTER H.
Elected Treasurer, 54
MARIETTA.
Town of, 56, 68, 99, 600
McCUNE, MR.
Added to Committee on Enrollment, 113
Appointed to examine and correct Journal, 636
Allowed to correct his vote, 249
MINISTERS OF THE GOSPEL.
To exempt from Road duty, 78
McWALKER, ALLEN
Estate of, &c. 82, 97,132, 264, 283,294
MANUFACTURING COMPANIES.
Sweet Water, 107,115,161,165, 178
Curtwright, 185, 197, 200
Lawrenceville, 233, 263, 306
Hancock, 383, 391,403, 482
Rock Island, ' 141,175,182
To authorize latter to issue bonds, 393, 408,430,
437, 472
MAGISTRATES AND CONSTABLES.
To regulate fees in Bibb and other counties, 140,
163, 173, 192
MILITIA.
To amend laws relative to, 142, 164, 174
To provide for a full return of, 327, 337, 357
McCROANE, rhesea
To authorize to build a Bridge, 153, 175, 177
MACON, CITY OF '
Relative to, 1^7, 195, 227, 620
Jurisdiction of Magistrates, 502, 528, 539, 543, 551
MARRIAGE LICENSE.
To prescribe certain conditions, 197, 213, ^5o, 266,287
'IILL%xeFILLE' CITY °F 2X7, 223, 237-
2X1, 263, 279
Piiotoi-e, ' *80, 501, 528
To exempt certain persons from Road duty, 555,
MEDICAL NOSTRUMS. ' '
To prevent sale of,
090 DTDtHX.
MINORS.
Property of, . 350, 860, 398, 570
MANDAMUS.
v Traverse of answer, 350, 360, 398
McOAULY, MATTHEW, AND THOS. J. PA\rNK
Claim against Western and Atlantic Railroad, 361
MEDICINE.
To allow the following persona to praetiee:
William Horton, 364, 886, 307
Robert C. McCulloeh, 409, 430, 444
William E. Wilson, 541, 553, 560
G. L. Bird and others, 584, 599, 605
MONTlCELLO.
Town of, 481, 501, 524, 601, 616,638, 646
MOTJCHET, JAMES
To pardon, 602, 614, 628
N.
NORRIS, JAMES
To pardon, 47, 54, 58, 88
NEW COUNTIES.
To lay off and form from—
Pike, Henry and Fayette, 48, 55, 59, 65, 69
Paulding and Floyd, 61, 74, 167, 236
Franklin and Elbert, 62, 78
Walker and Murray, 111, 236,326
Carroll, Campbell, Paulding and Cobb, 137,164,305
Burke and Emanuel, 174, 196, 313,315, 318, 324
Murray county, 213, 229, 313, 316
Talbot, Marion and Macon, 481, 501, 538
NAMES, TO CHANGE, &c.
William Hadaway, 82, 97", 104
Andrew Jackson, 82, 97,104
Martha G. and Charles Y. Nelson, 115,118,122
Eliza Jarratt, 116,122,132
Martha R. Harvey, 116, 122,188
Margaret J. Brooks, 134, 195, 193
John Shehan, 187
Robert Fenn, 339, 344, 848
Of certain persons, 436, 458, 463
Aaa Couth, 155, 564, 569
NEWMAN.
Town of; 333, 591, 408
O.
ORPHANS.
Estate
1THOR
To incorporate, MS, 264, 50T, 68T
154,175,262
OGLETHORPE, CITY OP.
nrdkx. 601
ORDINARIES.
To carry into effect the 6th section
of the Constitution, 266, 348, 361, 385,458, 583
To procure seals, S34
OXFORD.
J0*? of, 333, 303, 402
PETITIONS AND MEMORIALS.
Thomas Taylor, 499 504
Laoey M. Whitehead, 53, 56
Citizens of Walker and Murray counties, 10
" " Forsyth, Lumpkin and Cherokee, 22
Habersham, Hall and Jackson, 117
Jefferson, 128
Floyd and Paulding, 138
Washington, 143
Cobb and other counties, 197, 234, 255
Columbia, 213, 233, 242
Monroe and Butts, 218, 280
Mcintosh, 225
Haneock, 255
Harris and Troup, 391
P. H. Behn and others, 77
Philip Grover and others, 168
Planters and State Bank, 112
Executors of J. B. Hatchett, 143
David H. James, 165
James Hilsman, 174
East Tennessee and Georgia Railroad Co., 266
Nepsey M. Camden, 26
Wm. Q. Anderson and others, 657
Angus M. D. King, 164, 203, 218, 286
Grand Jury of Burke, 187
PLANK ROADS.
Tolls, * 640,283,280
Ogeechee, 75, 84, 97, 118
Greenville. Columbus and Laaaahasse,
129,136,161
Henderson and Marthasvillo, 285, SOT, 329, 879
Columbus and West Point, 529, 541, 547
Si. Ilia, 584, 599, 605, 628
Macon, Perry and Albany, 584, 600, 613
PROPERTY, PERSONAL.
Disposition of, when loned oa, 125,136,189
PHYSICIANS. 8 40 45
rBNAL°OODE—TO AMEND AND ADD TO.
«?£ « 8d « ITS, 185, SK>3
" 4* " SIT, Ml, m, 844
692
index.
PENAL CODE.—(Continued.)
12th section 13th division, 334, 339, 345
15th " 9th " _ # 408,434, 472
To add section to 13tli division, 355
« « « " 10th " 359, 387
PEEPLES, WM. J.
Elected Solicitor General, 42
PEDDLING.
To allow the following persons to peddle without license :
John Pressly, 53, 59, 67, 73
William F. Crockett, 116, 122, 158, 159, 165
James A. Straynge, 567, 571, 579
To prevent foreigners from, 553, 563, 569, 576
PRACTICE;
In Supreme and Superior Courts, 62, 77, 89, 190,
191, 192
In Courts of Law and Equity, 542, 553, 562, 575,
601, 626, 630
POWERS, ABNER P.
Elected Judge, 128
PRATIIER, THOMAS D.
To grant privileges to, 141,176, 183
PAINTERS
Lien for work, 166, 178,195,208, 542, 552, 563
PILOTAGE
At Savaunah, 265, 284
PRIVATE WAYS,
Laying out, 350, 360, 387, 549
PUBLIC SALES,
Relative to, 361, 382, 402
PENITENTIARY,
Erection of new one, 363, 379, 346
R.
RULES OF SENATE,
Adopted, 6
REPORTS,
Of Committee on Lunatic Asylum, 214
" " " Printing, 647
" " " To wait on Governor, 8, 36
" " " Engrossed Journals,627
" " " To print Governor's Message, 43
" Special Committees, 133
" Committee on Judiciary, 47/56,70,90,124,
156, 187, 205, 232, 240, 296, 351, 385, 387,463,
516 544 571
" " " Finance. 64, 125, 147,'221 ,'252,
267, 297, 323, 389, 361, 546
" " " New counties, 64, 99, 166, 214,
295, 394
INDEX. 693
REPORTS.—(Contended.)
Of Committee on Corporations, 64, 90,112,156
165, 177, 206, 226, 244, 272, 296, 440
" " " Attorneys, . 65
" " " Penitentiary, 69, 363, 513, 553
" " Executive Aansion, 70
" " " Military, 221
'* " " Internal Improvements, 82
176,195, 218, 353, 384, 494, 546
«• Petitions, 98,185,479
" " " Enrollment, 9S, 113,115,116
120, 127, 131, 142,145,153,163
165, 167, 194, 198, 205, 209, 217
229, 235, 241, 244, 258, 259, 260
276, 379, 286, 317, 319, 340, 349
358, 393, 433, 444, 471, 488, 506
530, 548, 556, 564, 573, 678, 582
595, 600, 616, 624, 629, 636, 644
649, 650, 653, 658, 659, 664, 665
666, 668.
" " u Deaf and Dumb Asylum, 154
" " Banks, 156
" " " Claim of Jos. Sturgis, 300, 556
" M " Conference, 510
" " " State of the Republic, 571, 580
RENTS.
Collection of, 53, 59, 92
To amend Act relative to, 315, 320, 460
RABUN, JOHN W.
Elected Director of State Bank, 60
ROBERTS, HENRY S.
To authorize issue of Grant to, 197, 211
RETURNS.
Election of Governor, 34
RELIEF OF.
Leroy "W. Cooper, 48, #5, 59, 61
Sarah G. Foster, 109, 114,118
Philip Wisenhunt and another, 117,122, 173
James Stewart, 128, 130, 136
Teachers of Poor Children of Hall
county, 137, 162, 174, 237, 737
Teachers of Poor Children of Dade countyv 316
321, 333
u « « " " Upson county, 360
882, 502
Elizabeth Ann Anthony, -141, 175, 182
Suitors in Supreme Court, 151, 163, 173
Teachers of Poor Children, 234, 263, 328
Robert H. Dixon, 285, 307, 477
Seaborn Jones, 295, 315, 321, 323
45
62-1 INDEX.
RELIEF—(Continued.)
Married Women, 205, 320
Certain persons, . 331, 337
James J. B. Crawford, 340, 344-, 347, 351
William G. Jacobs and Adaline E. Waller, 350
360, 380, 450, 510
Lewis C. Pearson, 380
Levi S. DeLyon and another, 350, 366, 407
James Gibson, 383, 301, 403, 410, 437, 477
Jemima Green, • 392, 408, 421
Margaret Young, • 302, 408, 432
Estate of James Mapp, 392, 408, 431
Thomas 0. Wood and William Sad¬
den, ■ 302, 408, 430
Receiver of Tax Returns of Washing¬
ton county, . 408, 451,455
Wm. C. Dunn, 409, 434, 448
Reuben S. Willingham, 409, 436,461
Daniel Hicks and others, 409, 434, 471
Ira San burn, 409, 434, 450
James T. Humphries and another, * 432
James Newton, 435, 452, 462
A. J. Taylor, ' 436, 451, 471, 473
L. E. Stubbs, . 480, 500, 525
Thomas B. Andrews and Thomas M.
Murray, 482, 500, 526
D/L White, 502, 520, 538
William J. Daniel and another, 502, 529, 538
X. G. McFarland, 541, 552, 559
.Lewis F. Han68,. 542, 552, 562
James J. Tooke, 553, 563, 569
Joseph Marshall, 579, 580, 593, 614, 621
RAILROADS.
Brunswick and Florida, 62, 78, 247, 249, 626
Southwestern, 68, 78, 96, 382, 391, 404,499,
510, 600
Central, 68, 77, 89
Savannah and Albany, . 68. 79, 85
Thomaston and Barnesviile, 342, 348,356, 637
Georgia and Washington, 107, 114, 117
Brunswick Canal and Railroad Company, 129,136,
140, 142, 160,162
Coosa and Chattooga River, 142, 164, 181, 605
Indian Spring, 239, 264, 306, 627
Georgia and Florida, 225, 238, 352, 545, 643
Cherokee, . 226, 238, 247, 273
Lawrenceville, . 233, 263, 306, 627
From North Carolina, through Rabun
Gap, . • 395, 429, 445
Culloden, 401, 430, 445
index;^ 695
RAILROADS—(Continued.) , * »• ,
^ Olarksville andTugaloo, * .. ' 409, 43R 450
Zebulon Branch, 436, 45^ 463
Talbotton, , , 530, 541, 551
Madison, 55^ 559. 508
Carrollton, 553, 503, 509
Milled'-eville and Gordon, 507, 571, 578
* -Gainesville, 5Tt, 5S0, 591
Savannah and Albany, > 5^ 599^ 613
Liabilities of Railroads, ' luT, III^ 314...
Through rates- on, 116, 123, 135, 139
Rules and regulations, 273, 291, 304
Alabama Railroidi, 584,, 600, 631, 64*0, 647
ROADS AND ROAD LAWS.
Owners of land through which roads pass, 107,114,
, ' 117^433
Relative to public roads, f 284, 295, 310, 430, ,460'
In Baldwin eounty, •, ,331, 331,337.
^ In Columbia u 481', 5-01, 52 7
7 . In-Hancock " 502, 528, 510
1 T Persons engaged on Railroads, 401
REVIEW. , 7
Bills of, 123, 130, 186, 203*
RABUN COUNTY.
f Survey of 1st and 2d districts, T64,176, 1$9," 188,
'600, 618,028
To prevent driving horned cattle into, 408, 435,'446^
RELIEF SOCIETY OF
Methodist Episcopal Church, 364, 383, 293
RIVERS. ' . f / 0
Coosa, * ' " "281,295, 3tl
Altamaha, Ocmulgee and Oconee, , 350-, 360, ,389,
. '303,4,5&,1>10'
Canoochee, ^ 4p9? 434,451
' Chattahoochee, ., ' 436, 456, 469
Hiwassee, , 48.1,501,527
Ogeechee, ' * 542? 553
ROME, CITY OF ' • ,
. A Extra tax, 318, 331, 460
To amend Act of Incorporation, 409, 434, 450
RESIDENCE. ' - ; * . < ^
» To repeal Acts relative^ to.changing without
reference to boundaries of counties, . 350, 360,
1 f * . . ♦ * . 397,407
RAFTS AND RAFTSMEN/
To protect against Steamboats, , ,54?,( 552, 563
RECEIVERS OF BANES.
t To regulate mode of executing bonds, 555, 564, 569
KELIGIOI® SOCIETIES. - _ -
To protect, / , , ' - 567, 571, 578
DTO1X.
RECORDS.
To make valid certain, 577, 580, 500
S.
STEWART, LORENZO S.
Elected Messenger, 6
Thanks to, - 649
SOCIETIES.
Jewish Congregation, Savannah, 8, 40, 45
Hebrew Benevolent, 8, 40, 45
SENATOR UNITED STATES.
Relative to election of, 37, 40, 46
Robert Toombs elected, 54
8HEWMAKE, JOHN T.
Elected Attorney General, 41
STEAM BOAT COMPANIES.
Magnolia, 38, 40, 45
Union, 79, 85,106
New York and Savannah, 272, 271,314
SAFFOLD, THOMAS P.
Elected Solicitor, 42
SCARBOROUGH, PITT F. D.
Elected Solicitor, 42
STANDING COMMITTEES, 42
SLAUGHTER, MR.
Added to Committee on Military. 58
" " u " New Counties, 74
SENATUS ACADEMICUS.
Adjeurned sin* die, 55
STEWART, CHARLES D.
To grant privileges on Chattahoochee
River, 56, 68, 72
SEAT OF GOVERNMENT.
Removal of, • 68
SCIRE FACIAS.
Service of, 62, 77, 89,133
SPALDING, MR.
Added to Committee on Military, 77
SLAVES.
Labor of on Sabbath, 98, 111, 133
To prohibit importation, ' 233, 263, 278, 595
To prevent furnishing spirituous Liquors, 244
263, 281, 536, 543
To protect against Lunatic, 541, 552, 562
SANDERS, SIMON II.
Privileges at Indian Spring, 106, 110
SAW MILLS.
Lien of Owners on Lumber, 153, 175, 192
nroax. 637
SAVANNAH.
Registry of Voters, 188,189, 207, 621
Election of Constables, 481, 501, 526
Steam Briek Company, 541. 552 560
SPIRITUOUS LIQUORS.
Retail of, 204, 213
SPALDING AND POLK COUNTIES.
Taxes in, 276, 291, 304, 313, 328, 329
SHERIFFS' BONDS. ' '
To reduce in Madison county, 360, 382, 398
" " " Clinch do. 265, 284, 293
44 " " Bryan do. 436,452,462
w 44 " Muscogee do. 584, 599,614
622 628
"SMITH, NATHANIEL AND OTHERS.
Authorized to charge Tolls, 408, 434, 441
SPARTA HOTEL COMPANY.
To incorporate, 481, 501, 526
SUPREME COURT.
Labor of Clerk, 481, 502, 526, 576
Deputy Clerk, 510, 604
Practice, 48, 55
SKID A WAY NARROWS.
Report relative to, 533, 556
STURGIS, JOSEPH.
Report of Committee on Claim, 300, 556
SPARTA.
Town of, * 585, 599
T.
TAX COLLECTORS AND RECEIVERS.
In Macon county, 8, 40, 45, 65
" Chattooga 44 78, 84, 106
41 Nabim M 229, 239, 265
44 Carroll, Hall, Lee and Dooly, 355, 358, 378
' 1 435, 452,470
44 Coweta and Fayette, 436, 452, 461
44 Cherokee, ^81,
THRASHER, JOSEPH A.
Elected Solictor, 42
TELEGRAPH COMPANIES.
Augusta, Atlanta and Nashville* 5J, 59, 77
Roma Branch, 382, 392, 472
TOOMBS, ROBERT.
Elected United States Senator, 54
"£$8''
TAYLOR, WILLIAM. , ... M
Elected judge, ' , " ''**"* 128
TIIANKSGIYING. ' l, * *' ^
• 'Relative to, " „ , . 52, 1,20
TURNPIKE CO MP YXIES: * ' .J"'1'*
Oglethorpe, 302,, 313, 327
TAX. 1 ' " * -■ ' r'
- • General Tax Rill for 1852 and 1853, " 319,, 334
335, 349, 3fl6,'3§4.
Supplemental,"''-— • 577, 580. 602,'616
Macon and Western Railroad Com-
' pany, ' ■ 577,580,591'
^TESTIMONY.
T.1 regal ate, taxing of,. . 350,360, 381
.TWIGGS COUNTY. ' * -
Education of the Poor. , . . 502, 529, ,538
UNIVERSITIES. — c-~ A
Oglethorpe, h". . ■ 150,716.4,'2.11
• * Brown wood, "-1 . 3^2, 392, 466
UNION COUNTY. - "
f' - Tax to build a Jail, ~' 285, 307,- 322
v
VOLUNTEER GORRSv
>fr/
%l9f
A;
Chatham Artillery 48, 54, >58
:• In Rike county, *. ■ v 48, 54, 57,-.240, 255, 621
./Unlantry in Augusta, ' . 1.41, 175, 183
Battalion in Savapnah, " 142, 163," 174
Volunteer Guards and Republican
Hue-. Sun annah, . 185,197, 109^
To encourage Urination, of in the i>
hi^e, ' ' Yf. ' 272,. 291^)4
■ Organization oi Caval ry Corps, 281, 291, 303, 652'
t . * ' ">L.V W, . vYEfW ■ .
,WEE3ls, JOHN B. • .
Elected Solicitor, " •. •* - > 42
"WORD, JO IPX J. . ,Y '
Elected Solicitor. ' " - '41
'WESTERN AXD .ATLANTIC RAILROAD. , ,
Cost of, Ac.,-. . W 5C3
Contracts for If op, " 1 " .141; 146, 158
Claims against, . " 150,164
Government of, 2S4, 295, 391. 306, 411* 7417 '
. , 437;' 488^ 492jjl6;l§3:
Equipment of, ' *834, 338, 380, &97,;441, 45<f
To change line of, 334, 338, 345,■34^353-^
rft9 -
WOMAN'S LAW, ^ *'• > < <\, \M
69, 78, 97, 143,445,446iN'5iy 152'
fV' '^'4 •'"■■"■■ 1 15?,*320, 236,-254, 277
ARE'COUNTY. * bw
vt Grants in 10th and 11 th districts, <8$,-97,411
' Justices in 1050th dfetriel- .< ' * • " 265\ 283, 293
'WHlTESipES^ JAMES E. - ky- -/
Wk :j' VConrtesylto, ' 217
«>%ITNESSESy-
^R^eognifcance of, 109,. 115, 134
i%> .of examination, ■ " ■ 267, 282, 302
hpi 4 -Payment of in certain counties, 296,''315, 320
" " u "■ cases, ':323, 331 31 , 547
CWALKER COUNTY.
i\- Public site, t ' 266, 281 28o 627
To repeal Act relative to, ' 502, 529, 540
^WEAPONS, DEADLY.
*4i> Sale of prohibited, ' , '* 296,' 315, 351
.WAYNE COUNTY. s. p
A0 Ordinary of,V* A-'4 - 384,,429, 641
WITTIOH, L. L. '
Grant to issue to, 394, 429.,"46Q, 473, 477
^ILKM'JOOUNTY;' k .
■.4 . Writs and Process,» ' 502,528,540,542
OF PERSONAL PROPERTY.
*" Execution and? probate of, - ■ • \ ■ 555y 564, 576
^ , .v. .
, Y.y
O i
48
'^EAS AND'NAYS.- '
Electiou of United States Senator, ■
"CoNSTiTUTioisr, 3d section, 1st article,
A4L 44 6th 2' 3d " ~ 49
44 12th " 2d . " • /1 50
•4 A. PiP'44 7th " . 1st " • ■ 202, 274
PPP ' " 12th " 1st A •; '■ ;G-t227v.2§2
'0f 44 . 3d . ,-.8d t 479
•'1(5' Relief of. ' .:-,4 ; V:/ y (.p-:p-! vvp '
u> L. W. Cooper, ' > ,
At "a .Philip Whisehunty''- • - ; 1/
* :Dide county, - ' : \ f"
114 : Lewis C.-Pearson, ,( v . ' AH
i-\: Daniel Hicks, •<- -- ' .• tin
k&v X. G. McFarland, ^ -
> A Joseph Marshall, :
•2 New Cotmiics. it
7 iVym Pike, Henry; and FajnLe, ''
/ 44 Baulding and lUoyd,- ;:r.! ij «
y «, Murray, j N • 1314,316
61
3
333
559
594
66
fOO IKDBK.
TEAS AND NAYS—(Continued.)
Nsw Counties.
From Burke and Imanuel, 318, 324, 825
" Talbot, Macon and Marion, 589
Railroads.
"Western and Atlantic, 76
To change line, 346, 854
Government of, 412, 417, 419, 421
422, 425, 428, 423
517, 533, 534.
Equipment of, 441, 442, 443, 458
Brunswick and Florida, 248, 249
Alabama Railroads, 641
Pabdcns.
James Norris,. 83
Brinkley Bishop, 83
Garland D. Cornett, 86
James Johnson, 8t, 83
To fubnish Books.
To Judges Nichol and Wayne, 85-
Rents.
Collection of, 92
Election of Judges for Coweta and South¬
western Circuits, 120
Statute of Limitations, 122,123, 290
Woman's Law, 143,145,151,152, 254
255, 277
Peddlino.
To allow Wm. F. Crockett, 159
Fees of Attorneys and Solicitor Generals, 160
Rabun County.
Surrey of 1st and 2d districts, 189
supbeme and SuPEBIOB CoUBTS.
To regulate practice in, 192
Banks.
Atlanta, 224,327
La Grange, 593
Private Banking, 193
Agencies of foreign banks, 330
Lien of Painters, 208
Greensboro' Division Sons of Temperance, 210.
Recess of Legislature, 241, 249
Congressional Districts, 245
Cobb's New Digest, 246
Leave of absence, 250
Previous question, 255
Marriage License, 256, 287, 290
Processioning Lands, 259
Capital punishment, 261
Frauds in elections, 263, 270, 274, 27''
aroax. fOl
YEAS AND NAYS—(Continued.)
Slaves.
To prohibit importation, 278 279
" " famishing spirituous Liquors
r.to> T. 537, 542
Lien or no Lien, 282
Cavalry Corps, 303
Rivers.
To improve Coosa, 312
" " Altamaha and others, 390,393
Now Matter, 328, 443
Taxes.
Ia Spalding aad Polk •ounties, 329
Por political years 1852 and 1853, 368, 370, 371
377, 384
Supplemental, 410
Hall county, 410
"Washington Monument, 335
Payment of Witnesses, 343
Militia, 357
Penal Code.
Additional seetion to 10th division, 388, 389
Small Pox in Liberty county, 411
Eleetion of Judges by the people, 414, 415, 416
Medicine.
To allow Robert C. McCulloch to practice, 445
" " G. L. Bird and others, 606
County Lines, to Change.
Between Cherokee and Forsyth, «■ 449, 485
" Green and Taliaferro, 627
Ordinaries, 456, 457, 458, 583
To prescribe mode of printing Laws, 474
To amend Act relative to Itinerant Traders, 478
Adjournment.
Sine die, 511
Appropriations.
For political years, 1852 and 1853, 492, 493, 494
* 495,497, 517, 518
519, 520, 521
For certain purposes, 807, 608, 609, 629
" Arrest of James Williams, *>61
Deputy-Clerk of Supreme Court, J?4
Jurisdiction of Magistrates in Macon,, 539, 5ol
Private Ways, »49
Lunatic Asylum, ^
Education of the Poor, 589, 587, 588, 589, 590
Education of Cadets,
Oara Spring, 815> 62a. 828
70S IliTDEX.
*1EAS-- AND 1STAYS—(CoNTiNnisr^;;:/;,
Georgia and Florida Boundary line, . .$$$
•Messrs. James Buchanan and William B,. ' " ;
" - King, . . *' -1*' ' . -6J1
•. d^atihh£hl)£mdei;atic Convention, 640,
%. Town of Monticello, . . ( ;j0tl6, 647
INDEX TO RESOLUTION'S.
*
RELATIVE TO.
. - " Organisation, . ■ . 6
Editors and Reporters, ' 6
Committees, ' 7>
Constitutional Acts passed by last /
General Assembl}y, 7,39
; Committee to wait'on Governor, V 7, 35,'36
State-House Officers, ^ '8
Judges and Solicitors, ' 30, 114, 119
"Distribution of Biennial Message,- , 43
Election of public Printer, &c.,, ' " '. . .52
Thanksgiving, ' 52, 129
. Joseph Sturgis as agent, ■ v 53
.. Congressional Districts, . . ' • 53
Iron interest of the State, ' . 57 .
Executive Mansion,- . -60
Census and Statistics of the State, 1 70, 209, 605 '
E urnishing books to Judges Wayne and Mi col, -85t
* ( Mail Routes from Blairsville to Cassville, 96
From Ashville to Clarksville,' •' - 231
. " Bainbridge to Apalachacola, ■' 334
" Waresboro' to Jacksonville, - - 656
Certain routes,
Election of Judges, 93'
Compensation of< Officers in criminal
cases, ' • 108,131
Public Education, , . 108.
Finances'of the State, . ' '427
George White, ■- '■ . 135,137
Surveyor General and Secretary"of State, ■ 13 {
i Adjournment, ' . 150; 221, 242, 249, 257
die, Zi516, 530
sine
544, 669
Public Arms, ' , ' 157, 656
Military Committee,' ; 176
Defendants in Execution, 177
Visit to Savannah, ' • ■ 190, 194, 204
Thanks to " 638
704 INDEX TO KESOLimOJrS.
RELATIVE TO.
Western and Atlantic Railroad,
Committee to Examine, 74,76
Engines on, 198
Claim of H. G. Dean, # 239
Government of, 564
Sale of, 536
Accident on, 289
Petition of citizens of DeKalb and
other counties, 206
Lien or no Lien, 230, 282
Penitentiary, 234
Legislative Recess, 234, 241, 249, 266
Memorial of Legislature of Tennessee, 242
Engrossed Bills, 242, 251
Quorum, 243
Leave of absence, 244, 249
Cobb's New Digest, 245
Legislative Business, 257, 266
Hew Matter, 319, 328, 343
Journals and Statistics, 334, 658
"Washington Monument, 335
Clerks, 344
Assets of Central Bank, 847
Bills of Darien Bank, 355
Claims of Creditors, Darien Bank, 364, 488
Blairsville Academy, 394
Skidaway Harrows, 395
East Tennessee and Georgia Railroad, 368
Tax Act, 490
Hational Heutrality, 503, 643
Bills and Resolutions, 523
Mileage of Senators, 637
Hungarian Exiles, 565
Ogeechee River, 567
Messrs. Buchanan & King, 630
Journal ef Convention of 1850, 615
Rules, 631
Hational Democratic Convention, 840
Resolutions of City Council of Phila¬
delphia, -842
James L. Seward, John A. Shew-
make, Arthur Irwin, Pi B. Connel¬
ly, James M. Calhoun, William T.
Price and Samuel Farris, author¬
ized to draw and receipt for eertain
Poor School Funds, 152, 656
860, 664
Acts and Resolutions of publie na-
656, 66T
UTOBC TO JUESOLT7TTOKB. 705
RELATIYE TO.
Muskets for Savannah Volunteer
Guards, 665
Furnishing certain books to Georgia
Histgrical Society, 657
Laws and Journals for New counties, 157, 660
Depot for Arms in Augusta, 657
Claims of citizens of Georgia and
Alabama, 657
Senate Chamber, 664