ROBERT W. WOODRUFF
LIBRARY
JOVRNAL
foy the
OP VHE
s t A T E OF U E 011 G I A.
MONDAY, 3d 1845. t
At a biennial session of the Genev^rAssembly °f ^ie State
of Georgia, begun and held at^° State House, in Milledge-
ville, on Monday, the 3d d»y of November, one thousand eight
hundred and forty-five, (1845) me members elect from the dif¬
ferent Senatorial Districts attended.
The Honorable Peter Gone, Senator elect from the 7th Sena¬
torial District, having been called to the Chair, the Proclama¬
tion of his Excellency the Governor was read by the Secretary,
by which it appeared that the following Senators were duly
elected, to wit: / " • *
From the 1st Senatorial District, the Honorable Joseph W.
Jackson. 1 ^
From the 2d Senatorial District, the Honorable Charlton ■
Hines. . f
From the 3d Senatorial District, the Honorable Henry Gig- '
nilliat. '
From the 4th Senatorial District, the Honorable John #4."
King. ' " "
■From the 5th Senatorial District, the Honoraon. William
Jones.
From the 6th Senatorial District, the Honorable Jacob*
Moody. ' "*
From the 7th Senatorial District, the Honorable Peter Cone.
From the 8th Senatorial District the Honorable William
McGahagan. . , TT „ _ _
From the 9th Senatorial District, the Honorable James M.
Reynolds.
t tHBT
i-FiW tbeildKh Amatorial lAtrrct, the Honorabfe Wesley
. ,King* v t A J
From the 11 th\ Senatorial FWridtythe Honorable George
4- Wiltex. " 4 J i
From the l#> Senatorial Disfria, the Honorable Richard
<$ V '
Frb^tSe 13th Senatorial District, he Honorable John Col-
fey- • ,
From the 14th Senatorial District they Honorable WillarcE
Boynton.
From the 15th Senatorial *Di.<rift, the Hoi* ruble Willi arm
H. Crawford.. ^ a v.
From the 16th Senatorial tXstrict, the Honoral le Jahes S.
Calhoun.
From the Senatorial FistSd the Honorable Jaanes H^\
demess.
From the i8th Senator^ 1 Disf let. the Honorable Hamilton
F, Smead.
VFrom the 19th Senatorial- Dir rirt, the Honorable William PL
H tJhap^h^^1 ^'naton^ ^tstrtcb the Honorable Absalom
rJS®m ^ 2Ist ^^har-pistriit the Honorable Dari 1
Mutiy.. iij L i, „ „ < 1c 1 • *
^vFrom^ther^^tJ^Sejiatori^^ys^^c^ thp jHunoj^TJle Andh^vyrJ^
From it he 23d- Senatorial., District/ the Hchorable John
Harris. . I j
From'the 24th Senatorial Di$hicty the Hcqioable Augustus
Ku Kenan. i i *
HardbniEUET^ ^©uatoiiaji District, thef J^itorable Robert V.
TvrSaf1 3fkh S^atorial Disuief, th Honorably, Jacob*'
From the 27th Senatorial Drat .t tlx/ Ho» »rable^ William
M.Srodm.". .a ^ I t i \ 1
From the 28th Senatorial District, tfd tlorurable Sanders
uj* ^ xfify i f T* r
Yrom the^29th Senatorial Distil t ! MiorJhle Robert A: ^
utoief. rr- i . - i: * .
From the 30th Senatorial Distri't, tfa; Hon^able William^
Reail. *•" ' x ' u ^ < -
j.Vema the 31st Senatorial District, thfe Honorable John D.|
S*rh. i , '/ ,
Fiom the 32d Senatorial Distrit t, the Honor** fe Edward^
Broddus. H \ d > , I'
.From33dM>istrict,Homable Warren J.
Hill. \ |
From the Mth Sena&ria} District, tljf Hptmraibte James B.
JVickelson. t
-senate.
$
From the 35th Senatorial District, the Honorable William
■CI. Anderson.
From the 36th Senatorial District, the Honorable Singleton
W. Allen.
From the 37tli Senatorial District, the Honorable James
Long.
From the 38th Senatorial District, the Honorable Thomas
F. Anderson.
From the 39th Senatorial District, the Honorable Charles
Murphey.
From the 40th Senatorial District, the Honorable Rheese
31cGregor.
From the 41st Senatorial District, t'he Honorable John W.
Lewis.
From the 42d Senatorial District, the Honorable George
Kellogg.
From the 43d Senatorial District, the Honorable William R.
Wofford.
From the 44th Senatorial District, the Honorable John D.
Field. ' '
From the 45th Senatorial District, the Honorable Elijah W.
Chastain.
From the 46th Senatorial District, the Honorable Stephen
"Smith.
From the 47th Senatorial District, the Honorable Thomas
"C. Hackett.
Who were sworn agreeably to the Constitution of the State,
by the Honorable Junius Hill yer, one of the Judges of the Su¬
perior Courts of this State, and took their seats.
On motion of Mr. Chastain,
The Senate proceeded to the Election of a President—when
on receiving and counting out the ballots it appeared that the
Honorable Absalom H. Chappell, Senator elect from the
•twentieth Senatorial District, was duly elected.
On motion of Mr. Jackson,
A committee, consisting of Messrs. Jackson, Reynolds and
"Chastain, were appointed to notify him of his election, request
his acceptance and conduct him to the Chair.
The President elect, on taking the Chair, addressed the Senate
and returned his acknowledgements.
On motion of Mr. Cone,
The Senate then proceeded to the election of a Secretary—
when, on receiving and counting out the ballots, it appeared
that Thomas R. R. Cobb, Esquire, of the county of Clark, was
drdy elected.
On motion, the Senate then proceeded to the election of a
Door Keeper—when, after several ballotings, on receiving and
counting out the votes, it appeared that David Walker was du¬
ly elected.
On motion, the .Senate then proceeded to the election of ;a
6
journal of ttce
Messenger—when, after several ballot ings, on receiUi1:? t\n(^
counting out the votes, it appeared that Eawson Field ^vaS
ly elected. ~
The following message was received from the H°use 0
Representatives, by Mr. Word, their Clerk:
Mr. President—I am directed by the House of Representa¬
tives to inform the Senate that they are organized, having
chosen Charles J. Jenkins, Esquire, a member elect from the
county of Richmond, as their Speaker, and John J. Word, Es¬
quire, of the county of Cass, as their Clerk.
On motion of Mr. Cone,
The Rules of the Senate of the last session Were adopted as>
the Rules of this session, until altered by the Senate; and the
Secretary was ordered to have fifty copies printed for the use
of the Senate.
Mr. Cone offered the following resolution, which was read1
and agreed to:
Resolved, That the Secretary inform the House of Repre¬
sentatives that the Senate is organized and ready to proceed to>
business, having made choice of the Hon. Absalom H. Chap-
pell, Senator elect from the twentieth Senatorial1 District, Presi¬
dent, and Thomas R. R. Cobb, Esquire, Secretary.
Mr. Smead offered the following resolution, which was ta¬
ken up, read and adopted :
Resolved, That a committee of three be appointed by the
Chair, to join such committee a%s may be appointed by the
House of Representatives, to wait upon his Excellency Govern¬
or Crawford, and inform > him that the General Assembly is
now organized and ready to receive any communication he
may desire to make to- either branch of the same.
Whereupon the Chair appointed as the committee-, upon the-
part of the Senate, Messrs. Smead, Allen and Cone.
Mr. Miller offered the following resolution, which was taken
up, read and agreed to :
Resolved, That Editors of newspapers, and others desiring
to report the proceedings of the Senate, be furnished with seats
on the floor of the Senate Chamber.
On motion, the- Senate then adjourned' until 10 o'clock to¬
morrow morning..
TUESDAY, November 4, 184.5.
The Senate met pursuant to adjournment.
The Secretary and Assistant Secretary were sworn by the
President, as prescribed by the 25th Rule of Senate..
SENATE.
7
The President appointed the following Standing Committees
in conformity to 21st Rule of Senate:
On Privileges and Elections—Messrs. Beall, Martin, Mitch¬
ell, Hardeman and Wilcox.
On Petitions—Messrs. Stell, Allen, Smith, Colley and Mc-
Galiagan.
On Enrolments—Messrs. Chastain, Holderness, Roynton,
Thomas F. Anderson and Wesley King.
On Engrossed Journal—Messrs. Curry, Kellogg, Lee, Hill
and Moody.
Mr. Kenan offered the following resolution:
Resolved, That the Secretary of the Senate shall have' 6ne
Assistant Secretary, one Recording Clerk, and one Engrossing
Clerk.
Mr. Hines offered the following resolution:
Resolved, That the Surveyor General he authorized to em¬
ploy clerks to assist him in the discharge of his duties du¬
ring the session of the General Assembly.
Mr. Jackson reported a bill to be.entitled an act to give the
consent of the State of Georgia to a purchase by the United
States of a lot of land in the city of Savannah, for the use of a
Custom House, and to cede the jurisdiction of the same, which
was read the first time.
Also, a bill to be entitled an act to declare Henry George Ol¬
iver, Serliter (formerly Oliver now) the wife of James Fraser,
Margarette (formerly Oliver now) the wife of James Young,
Jr., and Samuel Elliott Oliver, legitimate, and to entitle them to
all the rights and privileges of free and legally born citizens of
Georgia,,which was read the first time.
Mr. Boynton reported the following bill:
A bill to be entitled an act to authorize Alpheus Baker, Jr.,
of the county of Stewart, to plead and practice law in the dif¬
ferent courts of law and equity;of this State, on certain condi¬
tions therein named, which wa$ read the first time.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk :
Mr. President—I am directed by the House of Representa¬
tives to inform the Senate that they have concurred in the res¬
olution of Senate, appointing a committee to wait upon his Ex¬
cellency the Governor, and inform him that both branches of
the General Assembly are now organized, and ready to receive
any communication he may think proper to lay before them, or
either branch thereof, and have appointed as a committee on
their part, Messrs. Bivins, Anderson, of Chatham, Hull, Kenan
and Yarnadoe.
Mr. Cone offered the following resolution:
Resolved, That both branches of the Legislature will con-
8
journal of the
vene in the Representee hall, on Thursday, the 6th instant, to
proceed to the election of a Judge of the Superior Court 01
the Eastern Circuit, a Judge of the Middle Circuit, a Judge
of the Northern Circuit, a Judge of the Western Circuit, a
Judge of the Ocmulgee Circuit, a Judge of the Southern Cir¬
cuit, a Judge of the Flint Circuit, a Judge of the Chattahoo¬
chee Circuit, a Judge of the Cherokee Circuit, and an Attor¬
ney General for the Middle Circuit, and a Solicitor General for
each of the Circuits above named where vacancies occur.
Mr. Smead made the following Report:
The committee appointed to wait upon his Excellency the
Governor, and inform him that both branches of the General
Assembly were organized on yesterday, and were ready to re¬
ceive any communication he should think proper to lay before
them, or either branch thereof, would make the following Re¬
port:
That they have performed the duty assigned them, and re¬
ceived for answer, that he would lay a communication, with the
accompanying documents, before both branches of the Gene¬
ral Assembly this day at 11 o'clock.
Mr. Ridley reported the following bill:
A bill to empower the Judge of the Superior Courts of the Cow¬
eta District, to compel the Jurors summoned for the first week
of Troup Superior Court, to serve two instead of one week, and
the Jurors summoned the second week, to serve two instead of
one week, which was read the first time.
The following message was received from his Excellency the
Governor, by Mr. Steel, his Secretary:
Mr. President—I am directed by his Excellency the Gov¬
ernor to lay before the Senate his Message, with accompany¬
ing documents.
Which, on motion of Mr. Miller, was taken up and read, as
follows, and one hundred copies ordered to be printed for the
use of the Senate.
EXECUTIVE DEPARTMENT, )
Milledgeville, November 4, 1845. \
Fellow-Citizens of the Senate,
and House of Representatives :
During the present year the labors and hopes of the hus¬
bandman have been visited by a general disappointment. His
accustomed and anticipated reward is not now to be reaped in
his fields. Compelled to be content with his limited supply
and patiently submissive to the Great Cause which produced'
it, he should seek to alleviate the deficiency of the present and
provide an abundance for the future, by summoning to his aid
SENATE.
9
frugality and forecast. The exercise of these virtues, when
united to industry, cannot fail to awaken his gratitude, when
he feels that the wants of the moment are softened or supplied
by the bounties of the past.
Who has ever repined over a full granary? Has not a
croAvded cotton-house now lost more than half of its charm ?
--Certainly experience has painfully demonstrated that the latter
is and has ever been an inadequate substitute for the former.
In view of the depressed condition of the agriculture of the
State, I respectfully submit to your consideration the propriety
and necessity of adopting some plan Avhich will give the pro¬
mise of plenty in the land. The first step will doubtless be to
restore fertility to the fields and procure grains and grasses
adapted to the climate. Every experiment faithfully and fairly
made, will require improved implements of husbandry ; and,
if reliable as a guide for tire future, a closeness and accuracy
of observation which shall mark its progress and end. For
this purpose I earnestly recommend that an appropriation of a
limited sum be annually expended in the purchase of the va¬
rieties of grains and grasses, and gratuitously distributed to the
several agricultural societies of the State Avhich are now or may
be hereafter formed. The object is to concentrate individual
experiments, deduce general results, and thereby give to this
primitive and indispensable occupation that strength which sys¬
tem always imparts.
In 1778 Georgia offered (liberally of her then wealth) large
bounties of land on condition that the receiver would erect ma¬
chinery for the manufacture of her iron ore. Since that period
large expenditures haA*e been made on her rivers and roads—
but it is thought that the instances are feAV in which direct le¬
gislation has been made and intended to foster this leading in¬
terest of the State.
The tax act of 1S04 is the basis upon Avhich all subsequent
revenue laws of the State rest. Its inequalities ha\re been
more plainly exhibited by every advance we have made in ex¬
tent of territory, increase of population and change of staple.
At the period of its enactment it operated over only one third of
the territory of the State, and on a population nearly two thirds
less. Since that time the great staple of the South has been
developed, and in a great measure supplanted the productions
of that day. The inequalities of the present system have
doubtless been perpetuated by the occasional acquisitions of
land, which, even under the adopted policy of lotteries, brought
revenue into the Treasury, and thereby averted the necessity of
general taxation. This revenue is noAv cut off, and the legiti¬
mate mode of supporting government, by taxation, must super¬
vene. In this searching operation of the government, equality
should be approximated; nor should an abrupt, novel, or ex¬
treme plan be adopted; because that Avhich is the most expedi¬
ent is not ahvays the most practicable. m
10
JOURNAL OF THE
Accordingly the system, as proposed by the Treasurer, is re¬
commended as retaining the principles of the present tax laws
of the State, and equalizing in some measure the burthens im¬
posed, by extending the list of taxable objects. Under the head
of specific taxation about one half of the required revenue
will be raised, whilst the other half will be produced according
to the plan of valuation. Both plans embrace about an equal
number of taxable objects. It is therefore proposed that the
rate of taxation shall be fixed on all of the enumerated objects
mentioned in the Treasurer's report, with the exception of real
estate and its improvements, which shall be valued by the oath
of the freeholder, and that the digest of the several receivers
shall be returned on the first of July, annually, to the Comp¬
troller General, who shall be required to assess a rate not ex¬
ceeding a fourth of one per cent.-on the valuation oi such real
estate and its improvements, so as to raise a given amount; and
notify the several collectors of that rate, who shall be required
to collect accordingly.
Certainty in amount may, by the plan proposed, be always
realized, so that the government may be placed beyond
Contingency of want, to which it has been exposed by the fluc¬
tuating amount of taxes. The free-hold interest is required to
supply a contingent deficiency; yet even that is restricted and
limited to a rate less than any other of the entire list of taxa¬
ble objects. Its conservative character over excessive appro¬
priations may be presumed, because the free-hold interest is at
all times fully represented, and would be careful to check ex¬
travagance.
It will be seen that a reduction of sixteen per cent, of the
present fixed rates on several important objects is proposed, and
that this may be safely made without public detriment, if the
integrity of the scheme be preserved.
Whether the proposed system be adopted or the present one
retained, I respectfully suggest the propriety of requiring every
person fully to perform his duty in this regard. Representat ions
have been made that there have been evasions of the existing
law, in making full returns of taxable property. The remedy
for this default is to be found in a legal enquiry accompanied
by an appropriate penalty.
The subject of changing by a reduction of the rate of inter¬
est in the State is respectfully suggested for your consideration.-
A discussion as to the abstract right to pass usury laws may
be waived, by considering the fact that in this age Christian na¬
tions have concurred in their propriety or necessity, and their"
best defence may be found in the arguments of the heart,,
which, if less clear, are quite as cogent as those of the head.
Money, like every other marketable article, is relative in its
value, and influenced by its scarcity or abundance. The large
• amount of money which recently flowed into the Treasury aris¬
ing from investments in the reverted lands of the State, indi-
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11
cates' a surplus beyond the wants of the debtor class of the
community! The large sums on individual deposite in several
banks of the State disclose the fact that safe or satisfactory in¬
vestments cannot be made by capitalists. As a consequence
of this excess of capital beyond the general want, freehold pro¬
perty, usually slow to exhibit any pecuniary impulse, has been
enhanced in value. Individual capital has in some measure
supplanted that of banking corporations, several of which have
recently reduced meir capitals.
In the proposed reduction, our position in reference to that ot
adjoining States and their legislation is to be also considered.-
Any extraordinary difference between our and their standards
of interest, might have the effect of diverting, in some degree,
capital from one State to another; though it is believed in re¬
gard' to loans, the confidence reposed in the Borrower by the
meritorious lender is the primary inducement, whilst the usu¬
rer looks to an extravagant per centum as covering the profits
and perils of his contraband contracts. Nor should an ancient
rule be rashly innovated upon. In all cases, when time and
experience have imparted their genial influence, extreme coun¬
sels or extreme measures are to be avoided. It is therefore re¬
commended that the present rate of interest of the State be re¬
duced to seven per centum per annum, and that a fixed stand¬
ard Be retained so that any conventional agreement between
the contracting parties may be legally excluded. Legislation
in relation to contracts which may not be obnoxious to a con¬
stitutional objection, should be prospective. The effect of a law'
such as is now proposed, on existing contracts which shall be
hereafter enforced by legal process, may be safely left to the
Judiciary, when organized according to the constitution of the
State.
In relation to the establishment of a Supreme Court for the
correction of the errors of the inferior judicatories, the legislation
of Georgia has been peculiar and irreconcilable.* Ten years
ago two amendments of the Constitution were finally passed
by majorities of two-thirds of the members of two consecutive
Legislatures. The one removed the property qualification of a
member of the Legislature—the other required the establish¬
ment of a Supreme Court. The Constitution now stands with
the specific restriction lopped off and the granted power added.
Unquestioned and unquestionable privilege has probably been
enjoyed under the one, whilst the duty, commanded, in my
opinion, by the other, has not been performed. The task re¬
mains for you—mid whether in reference to constitutional re¬
quirement or social necessity, I cannot too earnestly commend
it to your deliberations. Eleven Judges, eaeh supreme in his
authority, and capable of being appealed from himself only to
himself, cannot be presumed to decide with uniformity. With¬
out uniformity law itself is a chance, and has been aptly called
a miserable servitude. Laws are mere abstractions unless
12
JOURNAL OF THE
known by their practical application, which tests their wisdom
or folly. Uncertainty aggravates the wrong by multiplying
the chances against redress. The litigious and harmful re¬
joice in a controversy surrounded with doubt—the peaceable
and just, from the same cause, as frequently waive as seek re¬
paration, unless urged by resentment, which, awakened by in¬
jury, usually encounters all hazards. We have no reports of
binding authority in which are proclaimed and preserved the
great conservative principles of social justice. The contempo¬
raneous expositions of our early laws are fading away in the
dim twilight of tradition.
These evils, perhaps, are-not noav greater than might have
been expected from the inherent and radical defects of the pres¬
ent system. Probably they have increased only with the nu¬
merical increase of the Judges—being in the proportion pf
eleven to three.
Moreover the railways which are already in operation in the
"State pass through eight of the eleven judicial districts. Upon
them are transported one third of the marketable productions
of the State. The value of the merchandise carried by them
would swell the value of property to at least six millions of
dollars annually. This property should be under the protec¬
tion of the same uniform law in its transit from one point to
another. We have, moreover, by the extension of the State
railway to the West, and by our improved facilities of trans¬
portation and market, invited the citizens of adjoining and other
•States to come into our midst and bring Avith them their pro¬
ductions. The guaranty of law uniformly administered should
be vouchsafed to both. With it this scheme of social and com¬
mercial intercourse may be rapidly advanced, and, without it,
retarded by distrust. Every interest, at home or abroad, pleads
for a controling corrective of the discordant and conflicting de¬
cisions of the inferior judicatories. In adjusting the details of
the Court, prudence would suggest that the defects of the old
system are only to be remedied. Delay and heavy expenses
are to be avoided. Like other free institutions, its existence
and strength should repose in public confidence.
It must be confessed that the present system of free schools
has not diffused the blessings that were anticipated by its be¬
nevolent and patriotic projectors. Its failure may be mainly
•ascribed to the irregular aid derived from the State, the unfor¬
tunate administration of its funds, and a general popular indif¬
ference to the subject. The Poor School Fund, amounting onoe
to half a million of dollars, is uoav reduced to tAvo thousand
six hundred and thirty shares of the capital stock of the Banks
•of the State of Georgia and Augusta. Until the last session of
the Legislature, it formed a part of the capital of the Central
Bank, and during two years of this period no dividend was de¬
clared and distributed for educational purposes. Moreover it is
noAv stated as an illustration of general indifference on this
SENATE..
13
subject, that during the past year, only fifty-three of the ninety-
three counties, of the State made applications at the Treasury
lor their allotments of the Poor School Fund, and when too the
penalty for default was known to be an absolute forfeiture of
claim.
The numerous acts of the Legislature, which have been as
only so many innovations upon the system, have related prin¬
cipally to the administration of the funds in the hands of pub¬
lic officers, and have been frequently passed under the allega¬
tion of its actual or supposed misapplication.
As a remedy for these evils, it is respectfully proposed for
your consideration, that the system be changed so as to infuse
into it more of public care, by combining with it public respon¬
sibility. This end it is thought may be accomplished by im¬
mediately distributing the Poor School Fund among the several
counties, upon a basis similar to the one by which dividends are
now declared—giving to the Grand Juries the approval or dis¬
approval of the direction and application of the fund—holding-
each county liable for the principal amount received, and in case
of loss or diminution of the same, from any caude whatsoever,
the deficiency to be replaced by an extra tax levied by order of
the Inferior Court, 011 the representation of any Grand Jury,
and in its default then to be collected by a mandate of the Su¬
perior Court of the county.
In making distribution according to the foregoing plan, it
will be necessary to make provision that as the shares of the
Bank stock constituting the Poor School Fund are in amounts
of one hundred dollars each, fractional sums may occur which
may be advanced from the Treasury without inconvenience, as
ah equal amount in the undistributed shares of stock would
necessarily be retained, and which, when sold with the accu¬
mulating dividends, would soon reimburse the State.
It is proper that I state that this remnant of public bounty un¬
der an act for the education of the poor, passed by the last Le¬
gislature, was transferred from the Central Bank to the Treas¬
ury, where I hope it will remain untouched unless for the spe-
eific object to which it was originally dedicated. Be the divi¬
dends large or small, one desirable object will be attained, that
of certainty in a fund reliable for some amount. It will give
the assurance that the plan of general education, commended to
our care by every political and social consideration, is not aban¬
doned. The amount received from the fund during the last
year and subject to distribution, was $2,225. The estimated
amount of the current year will be $18,000.
In connection with this subject I would'respectfully refer you
to the constitutional requirement in relation to the liberal ajrd
continuing endowment of one or more seminaries of learning.
Its obvious purpose was to elevate as well as to diffuse learn¬
ing. Both plans are constitutionally ' united, and in the spirit
of their original conception should move harmoniously togeth-
14
JOURNAL OF THE
er. The means of a liberal education were intended to be
cheap and easily accessible to the aspiring youth, who has no
other fortune than his genius and perseverance—who springs
up vigorously in the midst of the people and partakes their sym¬
pathies. To-day they are his patrons, to-morrow he is their
advocate. This is a part of the policy of our educational sys¬
tem, which was planned by ancestral wisdom, and perpetuated
by constitutional command.
I transmit herewith copies of several Executive Orders which
have been issued within the two years past. Among them is
va respite of the sentence of Charles Jones, convicted of murder
in the Superior Court of Lumpkin county, and whose execu¬
tion is suspended until the 14th .day of December next. A
transcript ot the evidence in this case is also transmitted. Also
an order to suspend an execution issued on a forfeited recogni¬
zance against Mrs. Sarah McKean, one of the securities for the
appearance of Thomas C. McKean. Also an order in behalf
of Samuel P. Jones, one of the securities of the late .defaulting
Tax Collector of Macon county. The motives which influen¬
ced the passing of these orders are stated in their preambles.
Executions have been issued against the Bank of Milledge-
ville and the Commercial Bank of Macon, for the Tax on their
respective capital .stock, and have been suspended in conse¬
quence of a reduction of their capitals by loss or otherwise. It
is proper to state that these Banks have paid the tax due on
their stock which is actual and operated on. The question
which was presented to my mind when these executions were
ordered to be issued, was in relation to the capacity of the stock¬
holders to reduce at pleasure their capital stock. The correla¬
tive right to increase it, could only exist by-legal permission.
It is believed that the right to reduce the capitals of Banks, has
appertained exclusively to the Legislature, and has not been
conceded in any instance in granting a charter. The converse
of this proposition is not true, as authority is frequently given
which permits an increase of capital stock. In cases of loss of
capital, it is equitable that the tax should not be collected. Like
other perishable property, the legal exemption should be ex¬
tended to it. As a check upon the expansion and contraction
of Banking capital, it is recommended that a law be passed
which will permanently limit the capital stock of each Bank to
the amount which shall be returned as liable to taxation. This
restriction may not interfere with the rights secured under ex¬
isting charters, as it will present the alternative proposition ei¬
ther to pay the tax on the maximum of capital heretofore re¬
ported, or reduce their capital without the power of hereafter
increasing it. Such Banks as have been legally authorized to
reduce their capitals, of course are excluded from the operation
of the proposed law.
The great increase of the inmates of the Lunatic Asylum
imposes the necessity of enlarging the comforts of the institu-
SENATE.
15
tion. The number, as reported by the Trustees, is sixty-three,
a large majority of whom are recipients of the bounty secured
by an act of the last Legislature to this indigent and afflicted
class of our population. That act relieved the counties of hea¬
vy burthens created by the legal obligation of supporting their
poor. This item of their expenses would be greatly increased,
when it is considered that to the duty of providing food and rai¬
ment for these indigents, may be superadded that of furnishing
the curative means to those mentally afflicted. In respect to
the expenditures necessary to the bodily comforts of the insane
poor, it would seem equitable that this charge should be borne
by the counties from which each is sent, whilst the healing pro¬
cess of the mind should devolve as a gratuity and a duty 011
the State. A moiety of the amount usually allowed as a sup¬
port of each sane indigent person, would be adequate to the
maintenance of an insane pauper in the Asylum—or at least,
would in some degree relieve the Treasury of this burthen,
which, under the operation of the poor laws should be sustain¬
ed by the counties, according to the number of lunatics each
may send to the Asylum. Viewed only as a pecuniary ques¬
tion, it would be more advantageous to the counties that their
paupers were all insane, as thereby an entire suspension of the
beneficent laws for the protection and care of the poor, would
be produced. Whatever may be your conclusion as to this equi¬
table claim—that each county should provide at all times per¬
sonal comforts for its poor—the obligation of the State to min¬
ister t® the diseased mind, is now too imperative to be overlook¬
ed or avoided. The usefulness of the institution will be pro¬
moted by the completion of the unfinished building which was
originally intended for the reception and cure of male patients.
As the salaries of its officers are placed in the discretion of the
Trustees and Executive, it is recommended that they, as in
other cases, be fixed, by law, and increased in proportion to ser¬
vices rendered.
The incurring of debt by States or individuals may be ac¬
complished when the object is pursued perseveringly. Its re¬
duction or payment is a more painful task, arising, doubtless,
from the contrarient motives influencing the two transactions.
The expedients of the present suggest the facilities for the fu¬
ture, and hence accumulation of liabilities seldom gives alarm,
except to that class whose virtue abhors indebtedness not less
at its existence than inception. To pay promptly and fully,
will counteract the temptation to borrow incautiously. The
greater portion of the public debt of the State was, in some re¬
spects, the result of the beguilement of the times. Fortunate¬
ly its amount is not so large, compared with the resources of
the State, as to induce any default on her part. By the report
of the Treasurer, the entire debt of the State, arising from the
several appropriations for the Western and Atlantic Railroad,
amounts to the sum of $1,727,760. In this amount is included
16
JOURNAL OF THE
tlie debt of Messrs. Reid, Irving. & Co., which, after estimating
the premiums on exchange and all incidental charges, is placed
at the sum of $292,510. This debt, bears an interest of five
per centum, which is payable in London; though really, after
discharging all commissions and costs, it may be reckoned at a
rate exceeding six per centum per annum. Hence it was an
object of consideration with this Department, under the act of
the last Legislature, that these sterling bonds be commuted into
Federal bonds, bearing an interest of six per centum, payable
at the Treasury—and, accordingly, a proposition to this effect
was made to Messrs. Reid, Irving & Co., which was declined.
The Bank of Augusta also held sterling bonds amounting to
the sum of $302,500, which was. changed into Federal bonds.
This arrangement operated beneficially to both parties, as each
saved the heavy expenses, usual in the transfer of funds, from
the United States to Europe, or their disbursement in the latter
place.
The law of the last Legislature providing lor the. extinguish¬
ment of the debt due Messrs. Reid, Irving &- Co., has not been
fulfilled. A sale of bonds, as authorized by that act, could not.
be effected at the price and in amounts desired. These gentle¬
men have madte a proposition, to receive payment of the remain¬
der of their debt due by the State, by estimating, the pound
sterling at four dollars and eighty cents—the same to be paid
in the city of New York—and allowing interest at the rate of
five per centum per annum for sixty days from the date of the
payment, being the usual period conceded for the maturity of
bills of exchange between this country and Europe. The
proposition is limited to the time when the Legislature shall
adjourn, and is, in my opinion, one that ought to be acceded to.
The character of the debt and the patience of the creditors
should induce on our part a strenuous effort to rid ourselves of
a claim which has been too long suspended in its payment.
With the expectation that the Legislature will early provide for
the settlement of this just demand against the State, I have
made enquiry as to the probability of raising the necessary
funds on advantageous terms, by which these creditors may be
fully requited in their debt. The negotiation for a loan is pend¬
ing, and I hope before your sessiou closes, to be enabled to ad¬
vise you of its successful termination.
The sum of $100,000 has been paid to Messrs. Reid, Irving
Co., and the interest on the public debt has been discharged
whenever demanded at the Treasury. At the cpmmencement
of the present year, an Executive order was. issued, permitting
the payment of interest six months in advance of the time
when due. As the funds were in the Treasury and incapable
of being used, it was deemed proper, as a convenience to the
public creditor, and that the order referred to might safelybe
executed without injury to the Treasury. It was intended to
aid public credit, and will be persevered in without legislative
SENATE.
17
prohibition, or the Treasury be incapable of anticipating and
bearing its burthens. Kindred to this scheme is the authority
to invest trust funds in State securities. The right should be
permissive only, and whenever faithfully exercised, the trustee
should be fully protected. Such a law would facilitate the ad¬
ministration of estates, and invite, by reason of its security, the
worthy to engage in their management. Indeed, it would be
an additional protection to estates—as the opinion is hazarded,
that if the funds of estates had been in vested in State securi¬
ties, and even at their nominal value, less loss would have oc¬
curred than will probably happen under their present man¬
agement.
At your last assemblage the funds of the Treasury consisted
exclusively of the depreciated bills of the Central Bank. Is¬
sued upon and sustained by the credit of the State, it was pal¬
pable that if they were again put into circulation, that their de¬
preciation would be progressive and lingering, and in the mean
time its sympathetic effect would be felt throughout the entire
fiscal operations of the State. The -large and immediate dis¬
bursements consequent on the adjournment of the Legislature,
threatened the necessity of their reissue, as the act which au¬
thorized the funding of $150,000 at seven per centum, offered
its succor too late, for the emergency, and too disrelishing as to
profit. Under the act of 1S40, which authorized the issue of
bonds bearing an interest of eight per centum per annum, all
the Banks with the exception of three, in Savannah and Augus¬
ta, gave their kindly aid in restoring specie payments at the
Treasury. They received the bonds of the Central Bank in
lieu of their own bills which were then and have continued at
par, at a time when the marketable value of the bills of the
Central Bank were at a discount of from two to four per cen¬
tum, and "whose full commercial value was riot attained till the
month of May of the last year. This serviceable arrangement
was completed, after much delay and apparent reluctance on
the part of the Banks, only a few days before the adjournment
of the last Legislature. The sequel has illustrated its' antici¬
pated benefits. Specie payments were resumed and have been
since maintained at the Treasury—the currency has become
sound—and State credit is advancing to its proper and honora¬
ble position.
The bills of the State banks which circulate as money, are
considered as valuable as coin. When the one bears a close
proportion to the other, no permanent injury can befall the bill-
holder. The relation between the banks and bill holders may
be said to be almost universal. As it began in confidence, so
it should end in punctuality. It is the duty of the Legislature
to supply any defect in the existing laws on this subject, to the
end that this general relation between banks and bill holders
may be maintained without harm to the latter.
The balance in the Treasury on the first inst., exclusive of
3
18
JOURNAL OF THE
the taxes of the present year and the poor school fund, amounts
to the sum of $91,616 3S. This amount will be diminished
by payments of the last quarter of the civil establishment of
the current year, to teachers of poor children for the years 1S42
and 1843, and other charges, the aggregate amount of which is
estimated at $46,000. It may be assumed as true that a bal¬
ance of $45,000, after defraying all demands on the Treasury,
will remain and be available to the government during the en¬
suing year. It was found in paying the accounts of some of the
counties for arrearages due to the teachers of poor children, that
some of them were so large in amount, that, if the other counties
which had put in no claims to the fund were to exhibit their de¬
mands in the same ratio, the fund itself would have been insuffi¬
cient to have met such demands. In cases where the demand
was large, the payment was restricted in amount so as to guard
against a deficiency of the fund. Even in these cases the
amounts received are larger than any sum at any time hereto¬
fore obtained for free school purposes. Nor can it escape no¬
tice, that as the means of supply from the Treasury for free
schools became less certain and smaller, the tendency to in¬
debtedness was vehemently increased. The amount already
paid on this head is $5,711 23.
The Act of 1826 was obviously intended to equalize the
salaries of the Executive officers of the State, and require the
perquisites which might accrue in their respective offices to be
paid into the Treasury. Accordingly an Executive order was
issued shortly after I came into office, requiring that all emolu¬
ments, other than those of the salaries of the officers, should be
paid where the law directs. Subsequently it was found that the
posterior act of 1839, remarkable for its phraseology, gave to
the Comptroller General and Treasurer certain perquisites on
the issuing of Pedler's licenses. In the conflict of the two acts
just referred to, it was not deemed prudent to relax or rescind
the order, as it was believed that instances had theretofore oc¬
curred, when these offices had been used for other than public
purposes. The amount received within the two years last past,
on account of Pedler's licenses, has been kept as a separate
fund, subject to the decision of the Legislature, to whose judg¬
ment it is respectfully referred, with the remark that the claims
of the Comptroller General and Treasurer are, in my opinion, of
legal validity, and unless allowed, it will be the part of equal
justice to demand restitution of the sums respectively received
by their predecessors since the passage of the last mentioned
act. Intimately connected with this subject is a grave ques¬
tion. As a source of revenue to the State, the profits from ped¬
ler's licenses are small, after deducting all the incidental ex¬
penses. The injury inflicted on the stationary merchant, who
is heavily taxed, is less to be considered than the danger of
placing the itinerant trader in contact with all classes of our
population. Whilst this mode of traffic at the doors of our
SENATE.
19
citizens is considered convenient, social security is to be re¬
garded as a paramount duty. It is therefore submitted whe¬
ther the income to the State from this source of taxation should
not be surrendered, and the price of a pedler's license be fixed
by the Inferior Court o± each county, to whom it shall be paid,
with the restriction that each pedler shall confine his operations,
under a certain penalty, within the limits of such Counties as
he shall have previously been licensed to trade in. Should it
be the will of the Legislature to retain the present system, I
then recommend that the tax be increased, and the perquisites
arising therefrom paid into the Treasury.
I submit copies of a report made by R. R. Cuyler, Esq., of
the management and condition of the Darien Bank. It is to be
regretted that that institution, within a few years past, has been
subjected to abuse and peculation. Before its assets were
turned over to the Central Bank, according to the act of 1841,
its credit had been exposed to the wildest and most unprofita¬
ble speculations. These were based essentially on the credit
of the State, as she was the principal stockholder. When the
assets of the Bank were, in accordance with the provisions of
the act just referred to, placed under the control of the Central
Bank, one of its officers was charged mainly with the collec¬
tion of its debts. The report of Mr. Cuyler represented this
officer as in arrear for a large amount—for the recovery of
which suits are now pending against him and his securities in
the Superior Court of Baldwin comity. The liability of the
State, as a stockholder, for her proportion of the outstanding
circulation of the Bank, is unquestionable. The estimated
amount of this liability may not exceed sixty thousand dollars,
after the available assets of the Bank are realized. Unless
otherwise directed it shall be the policy of this Department to
effect the collection of the debts due the Bank with convenient
despatch.
As with the Darien Bank, another commission, authorized
by a resolution of the last Legislature, has examined into the
condition of the Central Bank of Georgia. The labors of this
latter commission have just ended. Originally it was composed
of Messrs. Hunter, Lloyd and Reall, who entered upon the du¬
ties of their appointment last spring, and at that time had com¬
pleted their report with the exception of the probable value of
the assets of the Bank which were placed in suit. Upon my
suggestion they adjourned to meet again at such period when
the necessary information for a fair estimate of the value of the
claims in the hands of attornies might be procured. In the
mean time, one of the committee, Mr. John F. Lloyd, departed
this life, with the regret of all who knew him personally or by
reputation. It was not deemed necessary to supply his place,
as his successor would have been required only to express an
opinion upon a single subject, and that too only upon documen-
20
JOURNAL OF THE
tary evidence, which, together with the report, is at the com¬
mand of the Legislature.
The committee report that on the 13th day of October, of
the present year, the unredeemed circulation of the Bank was
.$67,750—its estimated resources $476,385 71—and liabilities
$840,609 64. The estimated loss may therefore be placed at
the sum of $364,223 93. This amount may be decreased by
a loss of the bills which will never be presented for redemption.
Probably the sum ot forty or fifty thousand dollars may be
placed to the credit of the Bank from this source.
With the exception of a President and Cashier, all other of¬
ficers of the Bank were discharged as early as the beginning cf
the present year. No reduction was required on the salaries of
the retained officers, as heavy duties were imposed upon them.
The policy of winding up the Bank is regarded as necessary
and sound. The institution was originally defective in its or¬
ganization, by requiring loans, almost compulsory, over an area
of sixty thousand squarp miles by a direction numerically
small and always residing at the centre. The scheme was full
of difficulty and peril; yet with the early restriction imposed
on the line of discounts, which made the institution only a loan
office of present capital, only a few and unavoidable losses
were sustained. When, however, the character of the Bank
was essentially changed, and the naked credit of the State was
substituted, on the alleged ground of relieving individual ne¬
cessities, the number of applications for loans was multiplied
and the chances of loss proportionally increased.
Thus the credit of the State was abused by inviting the peo¬
ple to lean on the government, when, rightfully, government
should be supported by the people.
The profits and liabilities of the Bank belong exclusively to
the State. Numerous pledges have been given, by successive
Legislatures, that the State was responsible for every liability
created by the Bank. It is presumed that such is now the
unanimous opinion of both Branches of the present General
Assembly. Therefore in prospect of reducing these liabilities,
consisting in bonds, bearing an interest of eight per cent, per
annum, as well as in the belief that the State credit will shortly
advance to par, it is recommended that authority be given to
redeem these outstanding bonds by the substitution of others,
at a lower rate of interest. It may be proper to remark that
there is nothing inhibitory in the contract between the State
and the bondholder, as there is an express reservation in each
bond that it may be redeemed at the will of the State.
In carrying into effect the law relative to the reverted lands
of the State, it was discovered that the books of this Depart¬
ment, in some instances, had been altered, forged and erased.
Li such cases the granting of lots was arrested by an Execu¬
tive order, on the ground that, by the delusive entries, fair com¬
petition had been destroyed. There are many lots in this situa-
SENATE.
21
lion, supposed to be of value, which are ungranted, and will
require legislative action. With a view of avoiding the turbu¬
lence and heart-burnings consequent upon a reduction of the
price of grants, and early closing the books of the several lot¬
teries, I recommend that all ungranted lots be sold, except such
as are excepted in the Act of eighteen hundred and forty-three;
that notice be given, and sales made at Milledgeville, under the
direction of the Surveyor General. This being accomplished
would leave only a small share of public service to be per¬
formed by the Surveyor General, and might lead to a union of
his office with that of the Secretary of State, who might readily
perform the duties of both.
The State, by sales of large portions of her territory, em¬
bracing entire districts of counties and fractions, gave, through
her agents appointed for the purpose, certificates of purchase,
it is thought that the purchasers have acquired possession, in
many instances, without having perfected their titles, though
grants were required to perfect them. I submit to the Legisla¬
ture the propriety of passing some law by which the terms of
such sales may be consummated. Failing to adopt some
measure of this kind, I can not perceive by what equitable
right the State can retain the grant fees in the cases of those
who have paid for their purchases. It can be no infringement
of the contract that all the parties be required to perform their
respective parts ; failure on either side should be visited by the
penalty of forfeiture, after reasonable notice.
It is thought that large quantities of land are ungranted, in
the State, which have never been surveyed, or if surveyed, have
never been legally disposed of. It is therefore recommended
that authority be given for their sale, under such terms as it
shall be the will of the Legislature to prescribe.
The State owns a valuable freehold interest in the commons
of certain towns and cities. She has 110 motive to retain, but
every inducement to sell it. It is equitable, as this species of
property has been enhanced in value?, by reason of the location
of a town or city, and its improvements, that a portion of the
proceeds of the sale be given to the corporate authorities of
such town, or city, when a sale takes place. I recommend that
only a moiety of such sale be retained by the State.
The disorganized condition of the militia in some sections of
the State, is a subject of regret. The reports of the Division
Inspectors will show the feebleness and inefficiency of the mili¬
tary system of the State. It requires amendment. Aside from
the volunteer companies, and a few exceptions, this part of the
public duty of the citizen is performed reluctantly, or not per¬
formed at all. The coercive power of law is represented as
having lost its energy. In all such cases new modes of en¬
forcement should be adopted. Officers intent upon their duty
should be armed with the necessary authority to execute their
commissions, and their sentence, legallv pronounced, have the
22
JOURNAL OF THE
force and effect of a judicial judgment Such an amendment
of the military law of the State, it is thought, would remove
the difficulty which usually attends fines and penalties when
imposed by Courts-Martial.
The claims on the United States for payments made by this
State to her militia, for services rendered during the Indian
troubles and warfare in Florida, within our limits and on our
frontier, since the year eighteen hundred and thirty- five, remain
unsatisfied. Early-after your adjournment the attention of the
Secretary at War was called to them, and certain views sought
to be impressed on that Department as to the proper construc¬
tion of the Act of 1S41, which provided for their partial pay¬
ment. It was not the pleasure of the then Secretary to reply;
though the subject was renewed, on an application made by
that Department for a purchase of Cockspur Island, on which
the Federal Government is erecting a defence for the harbor
and city of Savannah. From an examination of these claims
it appears that certain accounts were paid by the authorities of
the State, which, according to the official stringency at Wash¬
ington in settling accounts, were not allowed, and hence re¬
jected. In some cases more plenary proof has been required,
when, owing to our migratory population, it was incapable of
being furnished. Under the existing law and its construction,
I have conceived it to be a fruitless task to comply with the re¬
quirements of those who are charged with the liquidation of
these claims. Mr. Poinsett, who was at the head of the War
Department when these services were rendered, recommended
their full payment. The emergency doubtless called for ex¬
penditures which legally might have been denied, still they
have been paid by Georgia in good faith to the soldiery hastily
called into the service of the United States and without the
limits of this State. This claim may be delayed in its pay¬
ment—yet the history of the Federal Government furnishes the
hope that sooner or later a liberal equity will preside over its
counsels. Within the last two years the State has received on¬
ly thirteen thousand dollars on these claims, which sum is not
equal to the interest on the balance due and unpaid. Indeed
it may be added that the whole amount received from the
General Government scarcely exceeds the interest on the sum
actually paid by the State.
The experiment of biennial sessions has so far acted benefi¬
cially, particularly on the pecuniary affairs of the State. It
has given, in some degree, permanence to our laws, and saved
the excitement and turmoil incident to annual elections. It is,
however, objectionable in relation to an examination into the
condition of the public debt and the Treasury, in each alternate
year. The act of 1843 should be amended so that the power
of appointment of the committee to perform this service be ta¬
ken away from the Executive and exercised by the Legislature.
Such an alteration w<fuld preserve the popular check on public
SENATE.
23
officers; as emanating directly from the representatives of the
people. Indeed, I recommend in reference to the great inter¬
ests of the State, that nothing may be left to Executive discre¬
tion except those cases for which legislative enactment can not
fully provide. It may be stated in connection with this sub¬
ject, that certain expenditures, subject to the discretionary ac¬
tion of the Executive, should be restricted by specific appropria¬
tions. Of this class is the pay of the State House guard, and
the salary of the Messenger of the Executive Department.
Equally objectionable is the classification under the head of con¬
tingencies, are overpayments by tax collectors on account of
the insolvent lists, and repayments of grant fees, when the same
lot has been twice granted, or from other cause. These might
be placed under distinct appropriations, specific as to object and
general as to amount. Proper legislation in these respects
would take away the necessity or pretence for a large con¬
tingent fund, which, above all others, is most obnoxious to
abuse.
By the Federal Constitution Congress is authorized to deter¬
mine the time of choosing the Electors of President and Yice
President of the United States. Heretofore this power had
been exercised by the States, which had appointed different
periods for the election of their electors. The last Congress
passed an act which requires the elections in the several States
to be on the same day. As the' constitutional grant is posi¬
tive, and Congress has exercised the right, it is the duty of
each State, as a faithful confederate, to conform its legislation
accordingly.
Apart from the necessary alteration to be made in this re¬
spect, I suggest the propriety of revising the several laws in re¬
lation to elections. Two lists of the voters should be filed in
the office of the Clerk of the Superior Court of each county,
and subject always to public inspection. Every means should
be provided for the safe and proper exercise of the elective fran¬
chise, as it is infinitely too valuable to be exposed, with impu¬
nity, to abuse. This Department has received only ninety-
one returns of the late election for Governor. Eighty-seven of
-the number only have any post marks by which to ascertain
the county whence they came. In the legislative returns from
the counties of Dade and Lowndes, certificates of election for
Governor were enclosed. These irregularities were sought to
be obviated by a circular which was issued by this Department
•during the present year, under authority of a resolution passed
in the year 1837, and addressed to the several Clerks of the
Superior Courts of the State.
The Executive appointments made since your last assem¬
blage and proper for your action, are those of the Honorable
W. C. Dawson, as Judge of the Superior Courts of the Ocmul-
gee District, on the resignation of his predecessor in office ; of
James L. Pierce, Esq., as Solicitor General of the Chattahoo-
24
JOUHNAL OF THE
cliee District, on the death of M. Williams, Esquire, the du¬
ly elected officer; and of Samuel Hall, Esquire, as Solicitor
General of the Flint District, on the resignation of the prior in¬
cumbent.
In the execution of the law of the last Legislature relative
to the Western and Atlantic Rail Road, I have not been ena¬
bled to sell or complete it. The proposition to sell was met by
no corresponding offer to bin,". The terms, which were in some
respects limited to Executive discretion, were published in se¬
veral gazettes of the State, and intended to secure equal privi¬
leges to the two branch Rail Roads connecting with the State
Road, it is the part of honorable duty, if at any period the
State should sell this Road, that these Branch Roads should be
placed on a basis of perfect equality. But whether sold or re¬
tained, hastened or. delayed in its progress, it should he regarded
as the fixed policy of the State that its- ultimate completion
must be effected between the termini originally designated.
The necessity and wisdom of this work, notwithstanding the
wasteful outlays of money upon, it, will be illustrated—and are
now in process of being illustrated—by alleviating,, distress
which may arise from natural or artifical causes, and developing-
new sources of wealth, which,,in its expansion, will mitigate
taxation.
The Report of the Chief Engineer is herewith submitted,
which shows that fifty-two miles of the road are now in suc¬
cessful operation, and that the income from it for the first month,
alid at o distance of twenty miles only, has been $1,200.
Other and important facts are stated in the report, which will
doubtless commend themselves to your consideration.
The contract for eighteen hundred and forty tons Rail Road
Iron is explained by the' Chief Engineer. The enhanced value
of this commodity in England, during the last year, explains
the bad faith of the contractors, and the duress in which the
State was placed. The excess of price as charged by them
above the customary rates when the contract was made, created
a balance,.exceeding, the appropriation, of $14,000. No alter¬
native was left except to suspend the work or take the iron ac¬
cording to the terms demanded. If time had been allowed,
and railing had been sought elsewhere, the State would have
been compelled to have paid at least twenty-five dollars more
on the ton. It was a clear case of necessity,, dictated by the
iron mongers, in consequence of the accidental fluctuation of
the market. It was deemed the most economical plan to take
the iron, after obtaining pecuniary concessions made by all the
parties, innocently or wickedly engaged in this fraudulent
transaction. I authorized the Chief Engineer to- hypothecate
a part of the Bonds as security for a loan at seven per cent, as
being in my judgment the most economical mode of using the
appropriation. But one other plan was left, which was the
sale of tire Bonds at a discount of six per cunt-
SENATE.
25
As all the Bonds, amounting to the sum of $270,000, under
the appropriation for the Rail Road, were issued during the
last year and used in small amounts, according to the necessi¬
ties of the work, a large back interest had accrued. Only so
much of it has been used as was necessary to fulfil contracts of
the class just referred to.
During the present year a correspondence was opened with
the Secretary of the Treasury for the purpose of suspending
the collection of duties on Rail Road Iron imported by the State.
He replied and alleged his want of authority. The claim of
the State to have the duties refunded already paid by it, is
equitable and just; and it is thought from the recent action of
the Senate of the United States, a proper consideration will be
taken of those works in the completion of which time was an
essential element, and' especially such as were commenced
when Rail Road Iron was not dutiable. I respectfully suggest
the propriety of expressing legislative will on this subject, with
a view to relief.
• As an incident usual to the opening of a Rail Road, I regret
to say that a serious accident has happened by which severe
personal injury was inflicted on the Chief and Assistant Engi¬
neers and Conductor. This misfortune is alleviated by the
hope that no life will be lost.
However advantageous the immediate extension of the Road
to Cross Plains may be, an increase of the public debt can not
now be recommended. To hasten slowly, was once the re¬
mark of successful ambition. Its force should not now be lost
upon us, when we have profitable examples of seasonable de¬
lays in other enterprizes of like character, and as heavy bur¬
dens are overlaying the public credit. If the extension be
urged, it should be made upon the funds and credit of the Road,
with a limitation that a certain amount shall not be exceeded;
and that too at periods when the work may be done economi¬
cally and advantageously to the State.
According to the report of the Principal Keeper of the Peni¬
tentiary, the condition of that institution is prosperous. Under
his skilful management it has produced a nett income of
$8,987 83 the present year. Whatever may have heretofore
been the large and unrequited outlays of money on account of
this institution, thereby, making it a distasteful burthen on the
people, the problem is now solved that convict labor may be so
applied as to remunerate the public Treasury and satisfy that
active philanthropy which looked to guilt and its atonements—
that preserved life and reformed the offender. The exercise of
the pardoning power, according to an Executive order of last
year, it is believed, has acted beneficially on their conduct, by
stimulating the hope of the convicts. The worst of all calami¬
ties is when a man despairs of himself.
The trades pursued in the institution are not intended mate¬
rially to interfere with the regular and honest mechanics. The
4*
26
JOURNAL OF THE
principal pursuit is the making and working leather, in most of
its forms of use. These fabrics do not supply one fiftieth part
of the consumption of the State.
An appropriation of a small amount is recommended, so as
to cover any demands when the fabrics of the institution may
not be available, but with the condition that the same be re¬
placed in the Treasury within the space of twelve months af¬
ter the same shall have been drawn. Also, that authority be
given to employ master-workmen, as overseers, at a price ex¬
ceeding the present limits, and the salaries of some of the prin¬
cipal officers of the Institution be increased.
In the revision of an act of the last Legislature authorizing
the creation of certain corporations, defining their rights and
privileges, and providing a mode for changing the names of in¬
dividuals, some embarrassment was felt in consequence of the
action of my immediate predecessor on the subject. In the
year 1789, an act was passed, and it is believed to be now in
force, whereby the Executive was vested with authority to in¬
corporate churches, limiting his power to grant only such char¬
ters as were similar to those conferred on the two churches de¬
signated in the act. In the mean time repeated legislation has
occurred in relation to the delegation of the appointing power
to certain offices which, in the early period of the government,
had been exclusively exercised by Legislature. It is to be
noticed that in most instances when this power has been trans¬
ferred by and from the Legislature, the Judiciary, in some of
its branches, has been made the depositary. In the exercise of
this delegated power it is thought that 110 case has arisen in
which its constitutional competence over the subject has been
seriously doubted 01* authoritatively denied. In 1S11 the Le¬
gislature conferred upon the Superior Courts of this State au¬
thority to change the names of individuals. In accordance
with these precedents I sanctioned the bill of the last Legisla¬
ture, and now recommend that its provisions may be so altered
that that right belong exclusively to the Superior Courts.
On the eve of the adjournment of the last Legislature, sev¬
eral bills were presented for my approval, which were in my
opinion defective as to their captions, or imperfect as to mean¬
ing; (doubtless the result of engrossing,) or irregular as to the
periods when read in both branches of the General Assembly.
Otherwise they presented no objection, and are herewith re¬
turned to the respective branches of the Legislature in which
they originated.
The several resolutions of the last Legislature which impo¬
sed duties on this Department, have been carried into effect, or
are in progress of fulfilment. In several cases the required
services have been performed, but which have not been com¬
pensated on the ground that money can not be appropriated by
resolution. These will require legislative attention.
A change of plan in the education of the indigent deaf and
senate.
27
dumb of the State was contemplated by resolution of the last
Legislature. The Commissioner of the State for that unfortu¬
nate class, has reported favorably to the Cedar Valley Acade¬
my, in Paulding county. His report on this subject, with ac¬
companying documents, are in this Department, subject to the
command of the Legislature.
Several reports of public officers are herewith submitted, as
well as abstracts of the Executive warrants drawn during the
fiscal year just terminated.
The Arsenal on the Capitol Square is not well adapted to the
purpose for which it was constructed, and is insecure by reason
of its decaying condition. It should be removed to some spot
near the Penitentiary, rebuilt on an economical plan, and pla¬
ced under the guard of that institution. In that event, the
office pf Military Store Keeper at this place may be abolish¬
ed. The powder in the magazines of the State has become
useless from age. I recommend that a fresh supply may be
purchased.
A number of resolutions from different States of the Union
have been forwarded to this Department, copies of which are
herewith transmitted. I cannot fail to remark, in relation to
those pertaining to the controversy between Massachusetts and
South Carolina and Louisiana, that the two latter States are de¬
fending their own reserved and sovereign rights—that their
cause is our cause, and their destiny our destiny. They de¬
serve our sympathy, and should have our aid.
In closing a message embracing the local events of two
years, and perhaps tedious in detail, I would invoke a union of
counsel and action, as constituting our safety and strength.
GEO. W. CRAWFORD.
The following communication was received from his Excel¬
lency the Governor, by Mr. Anderson, his Secretary, which, on
motion of Mr. Cone, was taken up and read:
EXECUTIVE DEPARTMENT, )
Milledgeville, 4th November, 1845. )
In pursuance of the requirements of the Constitution, I have
the honor to transmit to the Senate several sealed packages di¬
rected to the President of the Senate and the Speaker of the
House of Representatives, supposed to be the returns of the
election held on the first Monday in October last, for Governor
of the State.
GEO. Wv CRAWFORD.
Mr. Stell offered the following resolution, which was taken
up, read and agreed to :
Resolved, That a committee of three be appointed to trans¬
mit to the House of Representatives, the returns of the several
counties of this State, for Governor.
28
journal of the
Whereupon, the President appointed the following commit¬
tee : Messrs. Stell, Long and Brown.
Mr. Miller offered the following resolution :
Resolved, That the documents accompanying the Govern¬
or's message, be' referred to a committee of five, and that fifty
copies be printed for the use of the Senate, of such of them as
said committee shall direct.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk :
Mr. President—I am directed by the House of Representa¬
tives to inform the Senate that they have agreed to the follow¬
ing resolution, to wit:
Resolved., That both branches of the General Assembly will
convene in the Representative Chamber, on Thursday next, the
6th inst., at 11 o'clock, A. M., to proceed to the election of a
Judge of the Chattahoochee Circuit, and a Judge of the Cher¬
okee Circuit, and a Judge of the Eastern Circuit, and a Judge
of the Flint Circuit, and a Judge of the Middle Circuit, and a
Judge of the Northern Circuit, and a Judge of the Ocmulgee
Circuit, and a Judge of the Southern Circuit, and a Judge of
the Western Circuit—and also of a Solicitor General of the
Coweta Circuit, and for a Solicitor General of the unexpired
term of the Flint Circuit.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have agreed
to the following resolution, to wit:
Resolved, That the Clerk inform the Senate, that the House
of Representatives will be ready to receive them in their cham¬
ber, this day, at 3 o'clock P. M., for the purpose of counting out
and adding up the votes polled at the last gubernatorial elec¬
tion, to which they desire the concurrence of the Senate.
Which, on motion, was taken up and concurred in.
On motion, the Senate adjourned until half past 2 o'clock
this afternoon.
Half Past 2 o'clock, P. M.
The Senate met pursuant to adjournment.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Cl -.k:
Mr. President—I am directed by the House of Representa¬
tives to inform the Senate, that they are now ready to receive
senate.
29
them into their chamber, for the purpose of counting out and
adding up the vote given at the late gubernatorial election.
On motion of Mr. Chastain,
The President and members of the Senate repaired to the
Representative hall, and after being seated, the General Assem¬
bly proceeded to examine and count out the votes returned
from the several counties of this State, and on counting and
consolidating the same, it appeared that the Honorable George
W. Crawford had received a majority of the whole of the votes
given in, and was therefore declared to be duly elected Gov¬
ernor for the ensuing two years.
The President and members of the Senate then retired to
their chamber.
Mr. Miller offered the following resolution, which was taken
up, read, and agreed to:
Resolved, That a committee of five be appointed, to join such
committee as may be appointed by the House of Representa¬
tives, to wait on his Excellency George W. Crawford, and in¬
form him of his re-election as Governor of this State, to request
his acceptance of the office, and make all necessary arrange¬
ments for his inauguration.
Whereupon, the President appointed Messrs. Miller, Jackson,
Ridley, Hackett and Calhoun, as that committee.
The Senate then adjourned till to-morrow morning, 10
o'clock.
'WEDNESDAY, November 5, 1845.
The Senate met pursuant to adjournment.
The following bills were taken up, read the second time, and
referred to a committee of the whole House.
A bill to be entitled " An act to give the consent of the State
of Georgia to a purchase by the United States of a lot of land'
in the city of Savannah, for the use of a Custom House, and to
cede the jurisdiction of the same."
A bill to be entitled an act to declare Henry George Oliver,
Serliter (formerly Oliver, now) the wife of James Fraser, Mar-
garette (formerly Oliver, now) wife of James Young, Jr., and
Samuel Elliott Oliver, legitimate, and to entitle them to all the
rights and privileges of free and legally born citizens of
Georgia.
A bill to be entitled an act to authorize Alpheus Baker, Jr.,
of the county of Stewart, to plead and practice law in the dif-
30
JOURNAL OF THE
forent courts of law and equity of this State, on certain condi¬
tions therein named.
A bill to be entitled an act to empower the Judge of the Su¬
perior Courts of the Coweta District, to compel the Jurors sum¬
moned for the first week of Troup Superior Court, to serve
two, instead of one week; and the Jurors summoned for the
second week to serve two, instead of one week.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk :
Mr. President—The House of Representatives have passed
the following resolution, to wit:
Resolved, That a committee of five be appointed on the part
of the House, to join such committee as may be appointed by
the Senate, to wait upon the Governor elect, and inform him of
his election, and ascertain if he accepts, and at what time he
will attend the House of Representatives, to take the oath of
office, and have appointed on their part Messrs. Kimsey, Dix¬
on, Crawford, of Upson, Ward, and Robinson, of Wilkes.
They have also agreed to a resolution appointing a commit¬
tee 011 the part of the House, to join such committee as may be
appointed by the Senate, to make suitable arrangements for the
inauguration of the Governor elect—and have appointed on
their part a committee consisting of Messrs. Baugh, Stroud,
Stapleton, Delegal and Brantly.
On motion of Mr. Kenan,
The Senate called up the resolution offered by himself, limit¬
ing the number of Clerks to be employed by the Secretary.
Mr. Cone offered the following as a substitute:
Resolved, That the Secretary of the Senate employ such
number of clerks and assistants as may be necessary to perform
with despatch the duties of his office.
On motion of Mr. Miller, the original resolution and substi¬
tute were laid on the table for the present.
Mr. Miller, from the committee appointed to wait on his Ex¬
cellency the Governor and inform him of his election, ask his
acceptance and know when he would be inaugurated, made
the following report:
The committee appointed to wait on his Excellency George
W. Crawford, to inform him of his re-election as Governor of
this State, to request his acceptance of the office, and make ar¬
rangements for his inauguration, report that they have per¬
formed their duty, that his Excellency accepts the office, and
will attend at 12 o clock meridian, this day, in the Representa¬
tive Chamber, for the purpose of taking the oath prescribed by
the Constitution.
On motion of Mr. Hines,
^ The resolution offered by himself, authorizing the Surveyor
General to employ Clerks during the session of the General
Assembly, was called up, and on motion of Mr. Cone, was
SENATE.
31
amended so as to make it a joint resolution; and on motion of
Mr. Murphey, was laid on the table for the present.
Mr. Chastain offered the following resolution:
Resolved, That the President proceed to appoint the Joint
Standing Committee on the Penitentiary; also the following
Standing Committees, viz : 011 the State of the Republic; on
Finance; on Banks; on the Judiciary; on the Military; on
Internal Improvement; on Printing; and on Public Educa¬
tion.
Mr. Murphy reported the following bill :
A bill to be entitled an act to authorize persons entitled to
vote for Senator in the several Senatorial Districts, in the coun¬
ty in which they reside, to cast their vote at any election pre¬
cinct in the District in which they reside, which was read the
first time.
The Engrossing Clerks were then sworn by the President,
under the twenty-fifth rule.
Mr. Holderness reported the following bill :
A bill to be entitled an act for the relief of John W. Brown,
of the county of Houston; read the first time.
Mr, Lewis reported the following bill :
A bill to authorize Leonidas Franklin, Marcus A. Franklin
and Mary A. Franklin to construct a mill dam across the Etowah
river, on the land belonging to either of them, in the third dis¬
trict of the second section of now Cherokee county.
On motion of Mr. Miller, the Senate took a recess to a quar¬
ter before twelve o'clock, this day.
The Senate re-assembled at a quarter before twelve, when
the following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—I am directed by the House of Representa¬
tives to notify this branch of the General Assembly that they
are now ready to receive the Senate in the Representative
Chamber, for the purpose of administering to the Governor elect
the oath of office.
On motion of Mr. Cone,
The President and members of the Senate repaired to the
Representative Hall, and being seated, the Governor elect, his
Excellency George W. Crawford, was introduced by the joint
committee, and attended by the State House Officers, and other
distinguished 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 retired,
the President and members of the Senate retired to their
Chamber.
And on motion adjourned until 10 o'clock to-morrow morn¬
ing.
journal of the
THURSDAY, November 6, 184-5.
The Senate met pursuant to adjournment
The following message was received from the House ol Rep¬
resentatives, by Mr. Word, their Clerk, to wit :
Mr. President—The House of Representatives have agreed
to a resolution in relation to the Colonial Documents obtained
from England, and now deposited by order of the Legislature
with the Historical Society, in Savannah, directing the same to
be placed in charge of the Rev. Doct Stevens, of Athens, to
which they desire the concurrence of the Senate.
Mr. Stell reported the following bill:
A bill to be entitled an act to alter and change the name of
James M. Lamberth, of Fayette county, to James M. Austin,
which was read the first time.
Mr. Wofford reported a bill to be entitled an act to carry into
effect that part of the first section of the third article of the
Constitution, which requires the establishment of a Supreme
Court for the Correction of Errors, and to organize the same,
and to regulate the proceedings thereof, which was read the first
time, and fifty copies ordered to be printed for the use of the
Senate.
On motion of Mr. Miller,
The message from the House of Representatives in regard
to bringing on the election of Judges and Solicitors General
therein named, was taken up.
Mr. Cone offered the following amendment by way of sub¬
stitute :
Resolved, That both branches of the Legislature will con¬
vene in the Representative hall on Thursday, the 6th instant,
at 11 o'clock A. M., to proceed to the election of a Judge of the
Superior Court for the Eastern District, a Judge of the Superior
Court for the Middle District, a Judge foj the Northern District,
a Judge for the Western District, a Judge for the Ocmulgee
District, a Judge for the Flint District, a Judge for the South¬
ern District, a Judge for the Chattahoochee District, a Judge
for the Cherokee District, a Solicitor General for the Flint Dis¬
trict to fill the vacancy of Milton Williams, Esq., and a Solici¬
tor General for the Coweta District, which was lost.
Mr. Hardeman moved to amend, so as to make the commis¬
sions of the Judges of the Cherokee and Chattahoochee Dis¬
tricts to take effect from the expiration of the terms of the pres¬
ent incumbents, which was agreed to.
Mr. Stell moved to amend by inserting after the words " elec¬
tion of," the following words, " a Senator to the Congress of the
United States for six years next ensuing from and after the 4th
day of March, 1847." " '
SENATE.
33
On agreeing to which amendment, the yeas and nays were
required to be recorded, and are yeas 28, nays 17.
Those voting in the affirmative are Messrs. Allen, Wm. Q,.
Anderson, Boynton, Brown, Calhoun, Crawford, Curry, Gignil-
liatt, Hackett, Hardeman, Harris,Hill, Hines, Holderness, Ken¬
an, Wesley King, Lee, Long, Martin, McGahagan, Miller,
Mitchell, Moody, Nickelson, Reynolds, Ridley, Smead, StelL
Those voting in the negative are Messrs. Thomas F. An¬
derson, Beall, Broaddus, Chastain, Colley, Cone, Field, Jack¬
son, Jones, Kellogg, John M. King, Lewis, McGreggor, Smith,
Whitfield, Wilcox, Wofford.
So the amendment was agreed to.
The resolution, as amended, was then concurred in.
The Senate took up, as a report of the Committee of the
Whole,
A bill entitled an act to give the consent of the State of
Georgia to a purchase, by the United States, of a lot of land in
the city of Savannah for the use of a Custom House, and to
cede the jurisdiction of the same.
The report was agreed to; the bill was read the third time,
and passed.
The Senate took up, as a report of the Committee of the
Whole,
A bill to declare legitimate Henry George Oliver, and
others.
The report was agreed to—and the bill was read the third
time, and passed.
The Senate took up, as a report of the Committee of the
Whole,
A bill to authorize Alpheus Baker, jr., of the county of Stew¬
art, to plead and practice law in the different courts of law and
equity in this State.
The report was amended by inserting the names of Logan
E. Bleckly, of Rabun county, Edward T. Sheftall, of-Chat¬
ham, Thomas H. Hines, of Lowndes, Henry J. Stevens, of
Liberty, Wm. H. Chambers, of Muscogee, Norbum T. Taylor,
of Troup, Elbridge G. Oliver, of Monroe.
The report, as amended, was agreed to,—the bilLwas read
the third time, and passed.
The Senate took up, as a report of the Committee of the
Whole,
A bill entitled an act to empower the Judge of the Superior
Courts of the Coweta District to compel the Jurors summoned
for the first week of Troup Superior Court to serve two weeks,
instead of one week; and the Jurors summoned for the second
week to Serve two, instead of one week.
The report was agreed to—the bill was read the third time,
and nassed.
34
JOURNAL OF THE
The following bills were read the second time, and referred
to the Committee of the Whole :
A bill to be entitled an act to authorize, persons entitled to
rote for Senator in the several Senatorial Districts in the State
of Georgia, in the county in which they reside, to cast their
vote for Senator at any election precinct in the Senatorial Dis¬
trict in which they reside.
Also, a bill to be entitled an act for the relief of John W.
Brown, of the county of Houston.
Also, a bill to authorize Leonidas Franklin, Marcus A. Frank¬
lin and Mary G. Franklin to construct a mill dam across the
Etowah river, on the land belonging to either of them, in the
third district of the second section of now Cherokee county.
Mr. Hackett offered the following resolution :
Resolved, That his Excellency the Governor be, and he is
hereby required to lay before the Senate, as early as practica¬
ble, a concise statement of the amount of former Rail Road
appropriations now on hand, if any ; the contracts made and
not yet completed ; whether any funds, and how much, will
remain in the hands of the Engineer, after the contracts now
made are satisfied; or whether any monies, and how much,
will remain to be paid from future appropriations; at what
time the contracts were made for work north of Burrows'; and
when the branch Roads, or either of them, joined the State
Road, at the southern terminus ; and how much has been ap¬
plied, since the last session of the Legislature, in the purchase
of cars and locomotives for said State Road ; and how much
will be necessary to supply the Road with a complete- train of
freight and passenger cars and locomotives.
Mr. Hackett offered the following resolution :
Resolved, That his Excellency the Governor be, and he is
hereby.required, as soon as it can be done, to direct the Engi¬
neer to suspend all operation on the Western and Atlantic Rail
Road beyond Burrow's, in Cass county, until this. Legislature
shall otherwise direct.
Mr. Wofford moved to adjourn.
On which motion the yeas and nays were required to he-re¬
corded, and are—yeas 24, nays 20.
Those who voted in the affirmative are Messrs. Thomas F.
Anderson, Beall, Broaddus, Chastain, Colley, Cone, Field,
Hackett, Harris, Hill, Holderness, Jackson, Johes, Kellogg'
John M. King, Lewis, Martin, Moody, Murphey, Smith, Stell'
Whitfield, Wilcox, Wofford. ' '
Those who voted in the negative are Messrs. Allen Wm.
Q. Anderson, Boynton, Brown, Calhoun, Crawford, Currv
Gignilliatt, Hardeman, Hines, Kenan, Wesley King Eons'
McGahagan, Miller, Mitchell, Nickelson, Reynolds, Ridlev
Smead.
senate. 35
So the motion was carried.
And the Senate adjourned until 10 o'clock, to-morrow morn¬
ing.
FRIDAY, November .7, 1845.
The Senate met pursuant to adjournment.
Mr. Chastain offered the following resolution—which was
taken up, read and agreed to :
Resolved by the Senate and House of Representatives, That
the General Assembly will convene in the Representative Hall
this day, at 11 o'clock, A. M., to proceed to the election of a
Judge of the Cherokee District, a Judge of 'the Eastern Dis¬
trict, a Judge of the Flint District, a Judge of the Middle Dis¬
trict, a Judge of the Northern District, a Judge of the Ocmul-
gee District, a Judge of the Southern District, a Judge of the
Western District, and a Judge of the Chattahoochee District;
the commissions of the Judges of the Chattahoochee and Chero¬
kee Districts to take effect from the expiration of the terms of
the present incumbents. Also, a Solicitor General of the Cowe¬
ta Circuit, and a Solicitor General for the unexpired term of
the Flint Circuit
And the Secretary was instructed to take the same to the '
House of Representatives, immediately.
Mr. Wofford reported a bill to be entitled "an actto amend
the several acts in relation to issuing of grants on head rights,
in this State, so far as to extend the time for granting the same
until the twenty-fifth day of December, eighteen hundred and
forty-six." •'
Which was read the first time. ■ '
Mr. Calhoun presented a petition of Peter Trezvant, asking
payment of a claim against the State of Georgia.
Which, on his motion, was referred to the Committee on Fi¬
nance, without being read.
On motion of Mr. Hadkett, the following resolution, offered
by himself, was taken up, read and agreed to:
Resolved," That his Excellency the Governor be, and he is
hereby requested to lay before the Senate, as early as practica¬
ble, a concise statement of the amount of former Rail Road ap¬
propriations now on hand, if any; the contracts made and not
yet completed; whether any funds, and how much, will re¬
main in the hands of the Engineer after the contracts now''
made are satisfied; or whether any monies, and how much,
will remain to be paid from further appropriations; at what
36
JOURNAL OF THE
time the contracts were made for work north of Burrows': and
when the branch Roads, or either of them, joined the State
Road, at the Southern terminus; and how much has been ap¬
plied, since the last session of the Legislature, in the purchase
of cars and locomotives for said State Road; and how much
will be necessary to supply the Road with a complete train of
freight and passenger cars and locomotives.
On motion of Mr. Miller,
The Senate took up the resolution offered by himself with
reference to the documents accompanying the Governor's mes¬
sage—which, on his own motion, was modified so as to read as
follows—and was agreed to—
Resolved, That the documents accompanying the Governor's
message be referred to a committee of five, who shall report to
the Senate such of them as they think proper to be printed for
the use of the Senate.
Whereupon, the-President appointed Messrs. Miller, Wofford,
Calhoun, Jackson and Hackett, as that committee.
Mr. Broaddus offered the following resolution, which was
taken up, and agreed to :
Resolved, That the several bills to authorize the establish¬
ing and abolishing of election precincts, the erection of mill
dams, establishment of ferries, and the incorporation of
churches,' academies and camp grounds, be referred to select
committees, for the purpose of consolidation and amendment;
and that they have leave to report by bill or otherwise.
Mr. Calhoun presented a petition from sundry citizens of
Muscogee praying a change of the tax laws of the State, so
far as to alter the time of paying tax.
Which was read, and, on his motion, referred to a select com¬
mittee of three.
And the Chair appointed Messrs. Calhoun, Crawford and
Murphey that committee.
The Senate took up, as the report of the Committee of the
Whole,
A bill to authorize persons entitled to vote for Senator in
the several Senatorial Districts, in the county in which they re¬
side, to cast their vote for Senator at any election precinct in
the Senatorial District in which they reside.
The report was agreed to—the bill was read the third time,
and on motion of Mr. Hardeman, was recommitted to the
Committee of the Whole.
Senate took up, as the report of the Committee of the
Whole, the bill for the relief of John W. Brown, of the coun¬
ty of Houston.
Which was agreed to—the bill was read the third time and
passed. '
SENATE.
37
The Senate took up, as the report of the Committee of the
Whole, the hill to authorize Leonidas Franklin, Marcus A.
Franklin and Mary G. Franklin to construct a mill dam across
the Etowah river, on the land belonging to either of them,
in the- third district of the second section of now Cherokee
county.
Which was agreed to—the bill was read the third time, and
passed. _
The following bill was read the second time, and referred
to the Committee of the Whole Honse.
A bill to be entitled an act to alter and change the name
of James M. Lambeth, of Fayette county, to James M.
Austin.
Also, a bill to' be entitled an act to carry into effect that
part of the first section of the third article of the Constitution
which requires the establishment of a Supreme Court for the
Correction of Errors, and to organize the same, and to regulate
the proceedings thereof.
And which was made the special order of the day for Tues¬
day next.
The following message was received from the House of
Representatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have con¬
curred in the amendments of Senate to the resolution of the
House bringing on certain elections.
The Senate took up and concurred in the following reso¬
lution of the House:
Resolved, That the Colonial Documents obtained from Eng¬
land, and now deposited, by order of the Legislature, with the
Georgia Historical Society, in Savannah, be hereby placed in
charge of Rev. Doct. Stevens, of Athens, who has been ap¬
pointed, by the Georgia Historical Society, Historian of the
State, until he shall have completed his history, or until other
disposition be ma de thereof by the Legislature.
Mr. Cone moved to adjourn—which was lost.
Mr. Miller reported a bill to be entitled an act for the relief
of Sarah McKeen.
Which was read the first time.
Mr. Chastain moved to adjourn.
On which motion the yeas and nays were required to be
recorded, and are—yeas 24, nays 21.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Chastain, Colley, Cone, Field, Hackett,
Hill, Holderness, Jackson, Jones, Kellogg, John M. King, Lee,
Lewis, Martin, McGreggor, Murphey, Smith, Stell, Whitfield,
Wilcox, Wofford.
38
journal of the
Those voting negatively are Messrs. Allen, Wm. Q.- Ander¬
son, Boynton, Brown, Calhoun, Crawford, Curry, Gignilliatt,
Hardeman, Hines, Kenan, Wesley King, Long, McGahagan,
Miller, Mitchell, Moody, Nickelson, Reynolds, Ridley.
So the motion was carried.
The hours of 10 o'clock, A. M., to-morrow, and 3 o'clock,
P. M., this afternoon, being suggested—on the former, the yeas
and nays were required to be recorded, and are—yeas 28,
nays 18.
Those voting affirmatively are Messrs. Thomas F. Ander-
s6n, Wm. Q,. Anderson, Beall, Boynton,.Broaddus, Brown,
Chastain, Colley, Cone, Field, Hackett, Hill, Holderness, Jack¬
son, Jones, Kellogg, Kenan, John M. King, Wesley King, Lee,.
Lewis, McGreggor, Murphey, Smith, Stell, Whitfield, Wilcox..
Wofford.
Those voting negatively are Messrs. Allen, Calhoun, Craw¬
ford, Curry, Gignilliatt, Hardeman, Harris, Hines, Long, Mar¬
tin, McGahagan, Miller, Mitchell, Moody, Nickelson, Reynolds^
Ridley, Smead.
So the Senate adjourned until 10 o'clock, to-morrow morn¬
ing..
SATURDAY,. November 8, 1845.
The Senate met pursuant to adjournment.
On motion of Mr... Thomas F.. Anderson, the following reso¬
lution was taken up:
Resolved by the Senate and House of Representatives, That
the Surveyor General be authorized to employ clerks to
assist him in the discharge of his duties during the session of
the General Assembly.
On motion of Mr. Anderson, the blank was filled with two.
And on motion of Mr. Cone, the words "and Secretary of State"
were inserted.
The resolution was agreed to, as amended, and the Secreta¬
ry directed to take the same to the House of Representatives
instanter. . ,
Mr. Chastain, from the Committee on Enrollment, made the
following report: The Chairman of the Committee received
this morning from one of the Assistant Clerks of the House of
Representatives the following joint resolution, which the com-
SENATE.
39
mittee find to be duly enrolled, and signed by the Speaker of
the House of Representatives:
In House of Representatives,
Resolved, That both branches of the General Assembly will
convene in the Representative chamber, on Thursday next, the
6th inst., at 11 o'clock A. M., to proceed to the election of a Sen¬
ator to the Congress of the United States for six years next en¬
suing, from and after the fourth day of March, 1847; and, also,
a Judge of the Chattahoochee Circuit—a Judge of the Chero¬
kee Circuit, to take effect, so far as relates to the Judges of the
Chattahoochee and Cherokee Circuits, after the expiration of
the terms of the present incumbents—a Judge of the Eastern
Circuit—a Judge of the Flint Circuit—a Judge of the Middle
Circuit—a Judge of the Northern Circuit—a Judge of the Oc-
mulgee Circuit—a Judge of the Southern Circuit—a Judge of
the Western Circuit, and a Solicitor General of the Coweta
Circuit—and also, a Solicitor General for the unexpired term of
the Flint Circuit.
Agreed to in the House of Representatives, November 4th,
1S45.
And the Committee of Enrollment having found the same so
signed by the Speaker of the House of Representatives, and
duly enrolled, now report the same to the Senate for the signa¬
ture of the President.
Also, a resolution directing that the Colonial Documents ob¬
tained from England, and now deposited, by order of the Legis¬
lature, with the Georgia Historical Society, in Savannah, be
placed in charge of Rev. Doct. Stevens, of Athens, until he can
complete his History of the State.
Mr. Wolford having objected to the signature- of the Presi¬
dent to the resolution reported by the Enrolling Committee for
bringing on certain elections,
The Chair presented the question to the Senate, whether it
was the plea?sure of the Senate that the President should affix
his signature to the said resolution for bringing on said elec¬
tions, presented for his signature by the Enrolling Commit¬
tee.
Mr. Kenan presented the following resolution:
The President of the Senate having objected to signing the
resolution,
Resolved, That he proceed to sign the same,
Mr. Stell moved to adjourn.
Which motion was lost.
The question recurring on the President's affixing his signa¬
ture to the resolution, after considerable debate,
The yeas and nays were required to be recorded, and are—
yeas 22, nays 24.
'Those voting affirmatively are Messrs. Allen, William Q
40
journal oe thm
Anderson, Boynton, Brown, Calhoun, Crawford, Curry, Gigmf-
liatt, Hardeman, Harris, Hines, Kenan, Wesley King, Long,
McGahagan, Miller, Mitchell, Moody, INickelson, Reynolds, Rid¬
ley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Chastain, Colley, Cone, Field, Hackett, Hill,
Holderness, Jackson, Jones, Kellogg, John M. King, Lee, Lew¬
is, Martin, McGreggor, Murphey, Smith,- Stell, Whitfield, Wil¬
cox, Wofford.
So the President was instructed not to affix his signature to
the- resolution reported by the Enrolling Committee bringing
on certain elections.
The President affixed his signature to the other resolution
reported by the Committee of Enrollment, with reference to cer¬
tain Colonial Documents.
On motion,
The Senate adjourned until 10 o'clock, A. M., on Monday
next.
MONDAY, November 10,1845..
The Senate met pursuant to adjournment.
Mr. Wesley King asked and obtained leave to record his vote-
in the affirmative, on the question of Saturday last, "Is it the
pleasure of the Senate that the President shall affix his signa¬
ture to the resolutions for bringing on said elections."'
Mr. Miller, from the committee to whom were referred the-
documents accompanying the Governor's message, made the
following report: '
The committee to whom were referred the documents accom¬
panying the Governor's message, have had the same under con¬
sideration, and recommend that there be printed for the use of
the Senate, one hundred copies each of the Report of the Treas¬
urer, the Comptroller General, the Chief Engineer of the Wes¬
tern and Atlantic Rail Road, and of the list of Executive War¬
rants—also fifty copies each of the Report ©f the Commission¬
ers of the indigent Deaf and Dumb, and of the proceedings
and testimony in the case of the State against Charles W.
Jcnes, for murder.
The Committee also recommend the adoption of the follow¬
ing resolution, viz:
Resolved, That his Excellency the Governor be requested to-
communicate to the Senate the report of the committee appoint¬
ed to investigate the condition of the Central Bank, and that
SENATE.
41
one hundred copies thereof he printed for the use of the
Senate.
Which was taken up and agreed to.
Mr. Thomas P. Anderson offered the following resolution:
Resolved by the Senate and House of Representatives, That
both branches of the General Assembly will convene in the
Representative chamber, at XI o'clock, on Thursday next, for
the purpose of going into the election of a Secretary of State,
Treasurer, Comptroller General, and Surveyor General.
Which was taken up and agreed to—and the Secretary di¬
rected to take the same immediately to the House of Repre¬
sentatives.
Mr. Calhoun reported the following bills, which were read
the first time:
A bill to incorporate certain persons under the* name and
style of the Coweta Falls Manufacturing Company.
Also a bill to incorporate the Columbus Water Lot Company,
in the city of Columbus, to be called the Water Lot Company
of the city of Columbus.
Mr. Chastain reported a bill to compel persons owning taxa¬
ble property in the county of Murray, to pay the tax on the
same within the county of Murray.
Which was read the first time.
On motion of Mr. Cone, the following resolution was taken
UP:
Resolved, That the President proceed to appoint the Joint
Standing Committee 011 the Penitentiary.
Also the following Standing Committees, viz: On the State
of the Republic—on Finance—on Banks—on the Judiciary—
on the Military—on Internal Improvement—on Printing, and
021 Public Education.
Which was agreed to.
Mr. Jackson reported the following bill, which was read the
first time, and fifty copies ordered to be printed for the use of
the Senate:
A bill to be entitled an act to amend the several acts hereto¬
fore passed and now in force incorporating and relating to the
Central Rail Road and Banking Company of Georgia, and to
authorize the said Company to continue and extend its Rail
Road from the county of .Bibb to the Chattahoochee river,
at or near the city of Columbus.
Mr. Broaddus offered the following resolution:
Resolved, That his Excellency the Governor be requested to
transmit to the Senate, as soon as practicable, a statement of
the Census Returns recently made for the several counties of
this State.
Which was read and agreed to.
Mr. Murphey presented the petition of John W. Hooper, pray-
in0, to have a grant issued to him as assignee of Stephen Ellis,
or°else to the said Stephen Ellis, to lot of land number ninety-
6*
42
JOURNAL OF THE
four, in the 8th district of the 3d section of the Cherokee ter ■
ritory.
Which, on his motion, was referred to a select committee
consisting of Messrs. Murphey, Lewis and Hardeman.
Mr. Murphey reported a bill to add lot of land number two,
in the thirteenth district of the county of Fayette, to the county
of DeKalb, and to repeal all laws militating against the same.
Which was read the first time.
Also presented a petition from Moses Trimble, praying the
Senate and House of Representatives to pass an act to add lot
of land named in the bill, to the county of DeKalb.
The following message was received from the House of
Representatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have concur¬
red in the resolution of Senate authorizing the Surveyor Gen¬
eral and Secretary of State to employ two Assistant Clerks durin'g
the session of the General Assembly.
They have also concurred in the resolution of Senate relative
to the election of several Judges of the Superior Courts, and
Solicitor Generals, with an amendment, to which they ask the
concurrence of the Senate.
They have also passed the following bill of Senate:
A bill to empower the Judge of the Superior Courts of the
Coweta District to compel the Jurors chosen for the first week
of Troup Superior Court, to .serve two instead of one week, and
the Jurors for the seeond week to serve two instead of one
week.
And have also passed the following bills of the House of
Representatives, to wit:
A bill to amend the charter of the Chattahoochee and Flint
River Steamboat Company, incorporated and approved Deer.
23d, 1836.
A bill for the relief of Bur well J. Wynn, of the county of
Hancock.
A bill to regulate the mode of taking Sheriffs bonds in this
State, so far as relates to the county of Union.
On motion of Mr. Chastain,
The Senate took up and concurred in the amendment of the
House to the resolution of the Senate, bringing on certain elec¬
tions, by which the time was altered to 12 o'clock this day.
And the Secretary was directed to inform the House of the
same immediately.
Mr. Ridley offered the following resolution:
Re solved j That both branches of the General Assembly wil
meet in the Representative chamber, on ,the instant
at 11 o'clock A. }IL, for the purpose of electing a Senator tc
represent the State of Georgia in the Congress of the Unitec
States, for six years from and after the third day of March
SENATE".
4a
Mr. Calhoun offered the following resolutions :
1. Resolved by the Senate and House of Representatives of
the State of Georgia, in General Assembly met, That it is ex¬
pedient and necessary that the State of Georgia should be di¬
vided into two Judicial Districts.
2. Resolved, That our Senators in Congress be directed, and
our Representatives be requested to have a law passed in Con¬
gress laying off die Judicial Districts in the State of Georgia.
3. Resolved, That his Excellency be requested to transmit
copies of the foregoing resolutions to our Senators and Repre¬
sentatives in Congress.
The Senate took up, as the report of the Committee of the
Whole,
The bill to authorize persons entitled to vote for Senator in
the several Senatorial districts, in the county in which they re¬
side, to cast their vote at any election precinct in the district in
which they reside.
Mr. Murphey offered an amendment to the same, by the way
of a substitute—and on his motion, the original bill and sub¬
stitute was ordered to lie on the table for the present.
Mr. Chastaki made the following report:
The Committee on Enrollment report as properly enrolled
and ready for the signature of the President,
The resolution of Senate bringing on certain elections this
day, at 12 o?cIook, Meridian.
The Senate took up, as a report of the Committee of the
Whole,
The bill to alter and change the name of James M. Lam-
berth to that of James M. Austin.
The report was agreed to—the bill was read the third time,
and lost.
Mr. Lee reported a bill to aad Levi Philips and his premises,
now in the county of Campbell, to the county of Coweta.
Which was read the first time.
The following bills were taken up and read the second time,
and referred to a Committee of the Whole:
A bill for the relief of Sarah McKeen.
A bill to amend the law relating to surveys on head right
warrants, &c.
The following bills from the House of Representatives were
taken up and read the first time:
A bill to amend the charter of the Chattahoochee and Flint
River Steamboat Company, incorporated and approved Deer.
25th, 1836.
A bill to regulate the mode of taking Sheriffs bonds in this
State, so far as relates to the county of Union.
And a bill for the relief of Burwell J. Wynn, of the county
of Hancock.
44
JOURNAL Of THE
The following message was received from his Excellency the
Governor, by Mr. Steele, his Secretary:
Mr. President—His Excellency the Governor has approved
and signed a resolution bringing on the election of Judges and
Solicitors to-day, at 12 o'clock, and has directed me to return
the same to the Senate.
The following message'was received from the House of Rep¬
resentatives by Mr. Word, their Clerk:
Mr. President—I am directed by the House of Representa¬
tives to inform the Senate that they are now ready to receive
them in their chamber, to proceed to certain elections set apart
for this day.
On motion of Mr. Cone,
The President and members of the Senate repaired to the
Representative chamber, and after being seated, and agreeably
to a concurred resolution,
They proceeded to the election of a Judge of the Superior
Courts for the Cherokee district—and on receiving and count¬
ing out the ballots, it appeared that the Honorable Augustus R.
Wright was duly elected.
They then proceeded to the election of a Judge of the Supe¬
rior Courts for the Eastern District—and on receiving and
counting out the ballots, it appeared that William B. Flemming,
Esq., was duly elected.
They then proceeeded to the election of a Judge of the Flint
District—and on receiving and counting out the ballots, it ap¬
peared that John J. Floyd, Esq., was duly elected.
They then proceeded to the election of a Judge for the Mid¬
dle Circuit—and on receiving and counting out the ballots, it
appeared that Roger L. Gamble, Esq., was duly elected.
They then proceeded to the election of a Judge of the Su¬
perior Courts for the Northern District—and on receiving and
counting out the ballots, it appeared that Nathan C. Sayre was
duly elected.
They then proceeded to the election of a Judge of the Supe¬
rior Courts for the Ocmulgee District—and on receiving and
counting out the ballots, it appeared that James A. Meriwether,
Esq., was duly elected.
They then proceeded to the election of a Judge of the Supe-
rioi Courts for the Southern District—and on counting out the
ballots, it appeared that James J. Scarborough was duly
They then proceeded to the election of a Judge of the Su¬
perior Courts of the Western District—and on receiving the
ele t d ^ aPl)eare^ ^at Charles Dougherty, Esqr., was duly
They then proceeded to the election of a Judge for the Chat¬
tahoochee District—and on counting out the ballots, it appear¬
ed that Robert B. Alexander was duly elected.
senate. 45
The Senate then, on motion of Mr. Kenan, withdrew, and
repaired to their chamber.
And on motion, adjourned until this evening, at 3 o'clock.
Three o'clpck, P. M.
The Senate met pursuant to adjournment.
On motion of Mr. Hardeman,
The Senate then resolved itself into a Board of Visitors, and
a committee of three were appointed, consisting of Messrs.
Hardeman, Calhoun and Hackett, to inform the President and
Board of Trustees of the University of Georgia, that the Sen¬
ate were ready to receive them in their chamber.
The Board of Trustees were then received into the Senate
chamber.
The Senatus Academicus having spent some time in the
transaction of its ordinary-business, adjourned sine die.
On motion, the Senate adjourned until 10 o'clock to-morrow
morning.
TUESDAY, November 11, 1845.
The Senate met pursuant to adjournment.
On motion of Mr. Broaddus,
The Senate reconsidered so much of the journal of yester¬
day as relates to a resolution offered by himself requesting his
Excellency the Governor to transmit to the Senate a statement
of the census returns recently made from the several counties
of this State.
On motion of Mr. Broaddus, the resolution was taken up,
and the following amendment was offered by him:
" Together with an estimate of the federal population of
each' county respectively."
On motion of Mr. Thomas F. Anderson,
The resolution, and amendment, were laid upon the table
for the present.
46
JOURNAL OF THE
The following message was received from the House of
Representatives, by Mr. Word, their Clerk :
Mr. President—I am instructed to inform the Seriate that
the House of Representatives are now ready to receive them
in their Chamber, and proceed to the unfinished business of
yesterday.
On motion of Mr. Kenan,
The President and members of the Senate repaired to the
Representative Chamber; and after being seated, proceeded to
the unfinished business of yesterday, to wit:
The election of a Solicitor General of the Coweta District.
And on receiving, examining, and counting out the ballots,
it appeared that Augustus C. Ferrell, Esquire, was duly
elected. .
They then proceeded to the election of a Solicitor General of
the Flint District; and on receiving, examining and counting
out the ballots, it appeared that R. W. McCune, Esquire, was
duly elected.
The Senate then withdrew, and repaired to their Cham¬
ber.
Mr. Wofford offered the following resolution :
Resolved, That the State Engineer be, and be is hereby re¬
quired to make a survey and estimate of the cost of a Raih
Road connecting the Charleston and Hamburg Rail Road, at
its terminus in Hamburg, with the Georgia Rail Road, in Au¬
gusta ; and that he report, if possible, to the present Legisla¬
ture.
Mr. Ridley reported a bill to be entitled an act to alter
and amend the first section of an act to change the names of
certain persons therein mentioned, and to legitimatize those per¬
sons whose names are so changed, and to constitute Martha
Beauchamp the legal heir and representative of Josiah Par¬
ker, of DeKalb county, passed on the 22d of December, 1829;
also, to legalize the official and trust acts of James Smith,
whose name is changed in the act aforesaid from the name of
James Bexley to the name of James Smith.
Read the first time.
The Senate took up the special order of the day, being the
report of the Committee of the Whole on the bill to carry into
eftect that part of the first section of the third article of the
Constitution which requires the establishment of a Supreme
Court for the Correction of Errors, and to organize the same,
and to regulate the proceedings thereof.
On motion, the report was taken up by sections.
The first section being read, was agreed to.
The second section being read, as follows—
And be it further enacted, That the said Supreme Court
shall be holden at the times and places following, to wit • on
SENATE.
47
the first Monday in January, and third Monday in June, in
each year, for the first District, to he composed of the Eastern
and Southern Judicial Circuits, alternately at Savannah and
Hawkinsville ; on the fourth Mondays in January and July,
in each year, for the second District, to be composed of the
Southwestern and Chattahoochee Circuits, alternately at Tal-
botton and Americus; on the second Monday in February and
August, in each year, for the third District, to be composed of
the Coweta and Flint Judicial Circuits, alternately at Forsyth
and Decatur; on the fourth Mondays in March and Septem¬
ber, in each year, for the fourth District, to be composed of the
Western and Cherokee Circuits, alternately at Rome and
Gainesville; on the first Mondays in May and November, in
each year, for the fifth District, to be composed of the Middle,
Northern and Ocmulgee Judicial Circuits, at the city of Mil-
ledge ville—
Mr. Cone moved to strike out Savannah and Hawkins-
ville.
Which was lost.
A communication was received from his Excellency the
Governor, by Mr. Anderson, his Secretary.
Mr. Whitfield moved to strike out 1st Monday in January,
and insert 2d Monday.
Which was carried.
Mr. Lee moved to strike out ^'Decatur," and insert "New-
nan."
On which motion the yeas and nays were required to be
recorded, and are—yeas 10, and nays 33.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Cone, Curry, Lee, Martin, Ridley, Smead, Stell,-
Wilcox.
Those voting negatively are Messrs. Allen, Wm. Q,. Ander¬
son, Boynton, Broaddus, Brown, Calhoun, Colley, Crawford,
Field, Gignilliatt, Hackett, Hardeman, Harris, Hill, Hines, Hol-
derness, Jackson, Kellogg, John M. King, Wesley King, Lewis,
Long, McGahagan, Miller, Mitchell, Moody, Murphey, Nickel-
son, Reynolds, Smith, Whitfield, Wofford.
So the motion was lost.
Mr. Hardeman moved to strike out " Forsyth," and insert
" Macon."
Which was lost.
Mr. Jackson moved to suspend the regular order, to take up
the message received from his Excellency the Governor.
Which motion was lost.
Mr. T. F. Anderson moved to strike out " Gainesville,"
and insert " Athens."
Which was lost.
48
journal of the
• The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have concur¬
red in the resolution of Senate relative to the election of a Sec¬
retary of State, Treasurer, Comptroller General, and Surveyor
General, on Thursday next, at 11 o'clock, A. M.
Mr. Chastain moved to strike out " Rome," and insert" Cass-
ville."
Which was lost.
The second section, as amended, was agreed to.
The third section being read,
Mr. Chastain moved to strike out " then the judgment below
shall stand affirmed, and be so certified by the Judges."
Which was lost.
The third section was agreed to.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have agreed
to a resolution relative to the election of a Judge of the Court
of Common Pleas, and of Oyer and Terminer of the city of
Savannah.
Also a Director, on the part of the State, for the Bank of the
State of Georgia.
To which they ask the concurrence of the Senate.
On motion of Mr. Miller,
The regular order was suspended, to take up the resolution
from the House of Representatives bringing on the elections of
a Judge of the Court of Common Pleas and Oyer and Termi¬
ner for the city of Savannah, and a Director, on the part of the
State, for the Bank of the State of Georgia—and also the fol¬
lowing communication from his Excellency the Governor:
Executive Department, ?
Milledgeville, November 11th, 1845. j
I have the honor to communicate to the General Assembly,
the resignation of the Honorable John McPherson Berrien, as
a Senator in the Congress of the United States. I also com¬
municate the resignation of the Hon. William B. Flemming, as
Judge of the Court of Common Pleas and Oyer and Terminer
for the city of Savannah.
a*. tt , Gm W* ^AWFORD.
The Hon. President of the Senate.
Mr. Smead moved to strike out the words "three o'clock P.
M.," and insert the words eleven o'clock, on Thursday next'.
Which was lost.
senate.
49
The Senate then concurred in the resolutions of the House.
The Senate resumed its special order.
The 4th, 5th, 6th and 7th sections were read and agreed to.
The 8th section being read,
Mr. Boynton moved to fill the blank left for the salary of the
Judges with the sum of three thousand dollars.
Which was lost
Mr. Wofford moved to insert the sum of twenty-five hundred
dollars—which was carried.
The section was then agreed to.
The „ 9 th, 10th and 11th sections were read and agreed to.
The 12th section being read, as follows:
Sec. 12. And be it further enacted, That some fit and prop¬
er person shall be elected by the General Assembly, at its pres¬
ent session, as Reporter, who shall hold his office during the
term of six years, unless sooner removed by the Court, and
shall receive for his services a salary from the State of
dollars per annum. Said Reporter shall attend all the sessions
of said Court, and report in a proper and professional manner,
all the decisions there made, with the reasons therefor; and he
shall not, during his service as Reporter, appear as counsel, or
act as attorney in any case, in any Court in this State. The
Reporter shall, from time to time, publish in good and substan¬
tial forms, the reports so made as aforesaid, and if at any time
he shall neglect to publish, within four months after sessions
for each year have closed the decisions of that year, he shall
forfeit one fourth of his salary for that year, and another fourth
for every additional month's delay1. Provided, That if the
Judges of said Court, or a majority of them, shall certify that
such delay was not from any fault or neglect of the Reporter
himself, or those under his control, such forfeiture shall not be
incurred. The Reporter shall also be allowed the copy-right.
And provided further, That he furnish, free of expense, and
well bound, one copy of said Reports to each Judge of said
Court for the time being; one copy to the Clerk of said Court,
to be kept in his office as public property; twenty-five copies to
the State, to be delivered to his Excellency the Governor as
soon as may be—said twenty-five copies to be disposed of as
the General Assembly may direct.
Mr. Cone offered the following amendment, which was
adopted:
And a copy to each Clerk of the Superior Court for each
county in this State, to be kept in his office, free for the perusal
of any person.
Mr. Miller moved to fill the blank with one thousand—which
was agreed to.
Mr. Wofford moved to strike out the words " General Assem¬
bly, at its present session," and insert die words J' Judges of
said Court"—which was carried.
7
journal op the
The 12th section, as amended, was agreed to.
The 13th, 14th, 15th, 16th and 17th sections, were read and
agreed to.
Mr. Wofford moved to lay the Report on the table lor the
present—which was carried.
Mr. Chastain made the following Report:
The Committee on Enrollment report as duly enrolled, and
signed by the Speaker of the House of Representatives, the fol¬
lowing joint resolution, to wit:
A resolution to bring on an election this day, at 3 o'clock, P.
M., for a Judge of the Court of Common Pleas and of Oyer and
Terminer for the city of Savannah.
And a Director, on the part of the State, lor the Bank of the
State of Georgia.
Mr. Hackett reported a bill to create a new Judicial Circuit,
to fix the times of holding the Superior Courts therein, and to
change the time of holding the several Superior Courts in the
Cherokee Circuit.
Which was read the first time.
Mr. Miller reported a bill to extend the provisions of the act
passed on the twenty-eighth day of December, 1843, entitled
" an act to point out the manner of creating certain corpora¬
tions, to define their rights and privileges, and to provide a mode
of changing the names of individuals."
Which was read the first time.
Mr. Harris reported a bill for the limitation of proceedings
in caveating will or wills.
Which was read the first time.
Mr. Murphey reported a bill to alter the time of holding the
Inferior Court in the county of DeRalb, and to legalize and
make valid all writs, executions and other processes returnable '
to said Court, at its terms so altered by this act.
Which was read the first time.
The following bill was reported by Mr. Calhoun, and read
the first time, to wit:
A bill to amend an act approved the 11th February, 1799,
to regulate the general elections in this State, and to appoint the
time of the meeting of the General Assembly.
Mr. Ridley moved the printing of 50 copies of this bill—which
was lost.
On motion, the Senate adjourned until 3 o'clock, P. M.
Three O'clock, P. M.
The Senate met pursuant to adjournment.
senate.
51
The following message was received from the House of
'Representatives, by their Clerk, Mr. Word:
Mr. President—I am directed to inform the Senate that the
•House of Representatives are now ready to receive them in
their chamber, for the purpose of proceeding to the elections set
apart for this day.
The President and members of the Senate, on motion of Mr,
Thomas F. Anderson, repaired to the Representative chamber,
and after being seated, and agreeably to a concurred resolution,
proceeded to the election of a Judge for the Court of Common
Pleas and of Oyer and Terminer for the city of Savannah—
and on receiving, examining and counting the ballots, it ap¬
peared that Edward J. Harden was duly elected.
They then proceeded to the election of a Director, on the
part of the State, for the Bank of the State of Georgia—and on
receiving and counting out the ballots, it appeared that Hiram
Roberts was duly elected.
The President and members of the Senate then withdrew,
and repaired to their chamber.
Mr. Calhoun moved that the Senate adjourn until 10 o'clock
on Thursday next, for the purpose of enabling such of the Sen¬
ators as were disposed to do so, to attend the annual Com¬
mencement of the Oglethorpe University, on to morrow.
Upon 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. Boynton,
Broaddus, Brown, Calhoun, Crawford, Curry, Gignilliatt, Hack-
ett, Hardeman, Harris, Holderness, Jackson, Jones, Kellogg,
Kenan, John M. King, Wesley King, Lee, McGahagan, Miller,
Murphey, Reynolds, Ridley, Smead, Stell, Whitfield.
Those who voted in the negative are Messrs. Allen, Thomas
F. Anderson, William Q,. Anderson, Beall, Chastain, Colley,
Gone, Hill, Hines, Lewis, Long, Martin, McGreggor, Mitchell,
Moody, Nickelson, Smith, Wilcox, Wofford.
So the Senate then adjourned until ten o'clock, on Thursday
next.
THURSDAY, November 13, 1845.
The Senate met pursuant to adjournment.
Mr. Chastain made the following report:
The Committee op Enrollment report as duly enrolled, and
52
JOURNAL OF THIS
ready for the signature of the President, the resolution of Sen¬
ate bringing on the election of State House officers, this day, at
11 o'clock, A. M.
Mr. Miller reported a bill to extend the corporate existence of
the President, Directors and Company of the Bank of Augustar
and continue in force certain acts- ot the General Assembly
therein mentioned.
Which was read the first time.
Mr. Boynton reported a bill to extend the time of payment to
persons indebted to the Central Bank of Georgia, on certain,
conditions therein named.
Which was read the first time.
Mr. Chastain offered the following, resolution
Resolved, That the Secretary of the Senate be allowed an
additional clerk to assist the recording clerk in bringing up the
journals of the Senate.
Which was taken up, and on the motion to agree to the
same, the yeas and nays were required to be recorded, and are
—yeas 23, nays 21.
Those who voted in the affirmative are Messrs. Thomas F.
Anderson, Beall, Chastain, Colley, Cone, Field, Hackett, Hill,
Holderness, Jackson, Kellogg, John M. King, Lee, Lewis, Mar¬
tin, McGreggor, Murphey, Smead, Smith, Stell, Whitfield, Wil¬
cox, Wofford.
Those who voted in the negative are Messrs. Allen, William
Q,. Anderson, Boynton, Broaddus, Brown, Calhoun,. Crawford,
Curry, Gignilliatt, Hardeman, Harris, Hines, Kenan, Wesley
King, Long, McGahagan, Miller, Mitchell, Moody, Nickelson,
Reynolds, Ridley.
So the Senate agreed to the resolution.
Mr. Calhoun reported a bill to incorporate the "Chattahoochee
Company," for the purpose of improving the navigation of the
Chattahoochee river, above the city of Columbus, for the pur¬
pose of commanding and appropriating the water power of
the same.
Which was read the first time.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk :
Mr. President The House of Representatives have passed-
the following bills, to wit
A bill to prevent wards from having to pay commissions up¬
on their estates to more than one guardian.
A bill to repeal an act to consolidate the offices of Receivers
and Tax Collectors in the counties of Lumpkin, Gilmer Tatt¬
nall, Union, Pulaski, Telfair, Walker, Cherokee, Early, Rabun,
■SENATE.
53
Floyd and Paulding, assented to December 25th, 1837, so far
as relates to the counties of Lumpkin and Walker.
A bill to change the times of holding the Superior and Inferi¬
or Courts of the county of Baldwin.
A bill to authorize John R. Bowman,of the county of Greene,
to plead and practice law in the several courts of law and equi¬
ty in this State, and to prescribe his liability touching the
■same.
They have also passed the following bills of Senate, to wit:
A bill to declare legitimate Henry George Oliver, and others.
A bill to authorize Alpheus Baker, and other persons therein
named, to plead and practice law in the different courts of law
and equity in this State, on certain conditions,
With amendments.
A bill to give the consent of the State of Georgia to a pur¬
chase, by the United States, of a lot of land in the city of Sa¬
vannah, for the use of a custom house, and to cede the jurisdic¬
tion of the same.
They have also agreed to a resolution authorizing his Excel¬
lency the Governor to draw his warrant on the Treasurer in
■favor of the Mayor of the city of Macon, for suppressing small
pox.
The following message was received from his Excellency
the Governor, by Mr. Steele, his Secretary :
Mr. President—His Excellency the Governor has directed,
me today a communication, with accompanying documents, be¬
fore the Senate.
He has also approved and signed a resolution for the elec¬
tion of Secretary of State, Treasurer, 'Comptroller and Sur¬
veyor General, and has directed me to return the same to the
Senate.
The President announced the following as die Standing
Committees:
On the State of the Republic—Messrs. Jackson, Wofford,
Kenan, Hackett, Broaddus, Crawford and Ridley.
On Finance—Messrs. Lewis, Miller, Chastain, Calhoun, Mar¬
tin, Stell and Smead.
On Internal Improvement—Messrs. Murphy, Jackson, Mil¬
ler, Crawford, Calhoun, Hardeman and Smith.
On the Judiciary—Messrs. Hackett, Murphy, Kenan, Whit¬
field, Harris, Mitchell and Hoiderness.
On Public Education—Messrs. Broaddus, William Q,. An¬
derson, Wilcox, Smead, John M. King, Allen and Boynton.
On the Military—Messrs. Cone, Beall, Field, Thomas F.
Anderson, Brown, Curry and Nickelson.
On Banks—Messrs. Hardeman, Thomas F. Anderson, Gig-
siilliatt, Kellogg, McGahagan and Lee.
On Printing—Messrs. Colley, Hill, Jones, Wesley King and
Moody.
54
journal of the
Joint Standing Committee on the Penitentiary—Messrs
Wofford, Hines, 'Long, McGreggor, Martin, Reynolds aad
Hill.
The following communication from, his Excellency the Gov¬
ernor was, on motion of Mr. Stell, taken up and read:
Executive Department, J
In compliance with a resolution of the Senate, I have the
honor of laying before that branch of the General Assembly,
the report on the affairs and condition of the Central Bank,
made by a committee appointed for that purpose, under a reso¬
lution of the last Legislature.
The follo wing message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have agreed
to a resolution bringing on the election of a United States Sen¬
ator in the Congress of the United States, to fill the vacancy-
occasioned by the resignation of the Hon. John McPherson
Berrien, pn Friday next, the 14th instant, at 11 o'clock, A. M.,
to which they ask the concurrence of the Senate, and which I
am directed to report forthwith to this branch of the General
Assembly.
On motion of Mr. Murphey, the following resolution of the
House was taken up, and, concurred in :
Resolved, That both branches of the General Assembly will
convene in the Representative chamber, on to-morrow, at 11
o'clock, to elect a Senator to fill the vacancy in the United
States Senate occasioned by the resignation of the Honorable
John McPherson Berrien.
On motion of Mr. Wofford,
The order of the day was suspended, and the Senate took
up, as a report of the Committee of the Whole,
The bill to be entitled an act to amend the law relating to
surveys on head right warrants, &c.
The report was agreed to—and the bill was read the third
time, and passed.
Mr. Murphey, from the'select committee to whom was refer¬
red the petition of John H. Hooper, made a report—which was
read.
Also reported a bill to-authorize the grant of lot of land num¬
ber ninety-four, in the fifth district and third section of orfoinal-
iy Cherokee, now Cass countv. to Stoohpn Ellis tn*.
Milledgeville, Novr. 13th, 1S45.
GEO. W. CRAWFORD.
Which was read the first time..
senate.
55
The following message was received from the House
Representatives, by Mr. Word, their Clerk :
Mr. President—I am directed by the House of Representa¬
tives to inform the Senate that they are now ready to receive
them in their chamber, for the purpose of proceeding to the
election of a Secretary of State, Comptroller General, Treasu¬
rer, and Surveyor General.
On motion of Mr. Miller, \
The- Senate repaired to the Representative hall, and being
seated, and in accordance with a concurred resolution,
Proceeded to the election of a Secretary of State—and on
receiving, examining and counting out the ballots, it appeared
that Nathan C. Barnett was duly elected.
They then proceeded to the election of a Treasurer of this
State—and on receiving, examining and counting out the bal¬
lots, it appeared that Walter H. Mitchell, Esquire, was duly
elected.
They then proceeded to the election of a Comptroller Gen¬
eral—and on receiving and examining the ballots, it appeared
that David E. Bothwell was duly elected.
They then proceeded to the election qf a Surveyor General—
and on receiving, examining and .counting out the ballots, it
appeared that P. M. Compton was duly elected.
The President and members of the Senate then repaired to
their chamber, when,
On motion, the Senate adjourned until 10 o'clock to-morrow
morning.
FRIDAY, November 14, 1845.
"The Senate met pursuant to adjournment
The President announced the following Committees :
On establishing and abolishing Election Precincts—Messrs*
Thomas F. Anderson, Boynton and Hill,
On the erection of Mill Dams, and establishing Ferries and
Bridges—Messrs. Kellogg, Mitchell and Lee.
On the incorporation of Churches, Academies, and Camp-
Grounds—Messrs. Broaddus, Martin and Reynolds.
Mr. Chastain made the following report:
The Committee on Enrollment report as duly enrolled and
signed by the Speaker ©f the House of Representatives, the
following act:
56
JOURNAL OF THE
An act to empower the Judge of the Superior Courts of the
Coweta District to compel the Jurors chosen for the first' week
of Troup Superior Court, to serve two instead of one week, and
the Jurors chosen for the second week to serve two instead
of one week.
Mr. Hardeman offered the following resolution, which was
i iken up and agreed to:
Resolved, That both branches of the General Assembly will
convene in the Representative Hall this day, at eleven o'clock,
for the purpose of electing a State Printer.
The President presented a letter from Peter Trezvant, di¬
rected to his Excellency the Governor—which, ©n motion of
Mr. Miller, was referred to the Committee on Finance, without
being read.
Mr. Jackson reported a bill to amend and alter an act enti¬
tled an act to incorporate the Savannah Institution for Savings,
&c.—which was read the first time.
Mr. McGahagan presented a memorial from the Lutheran
Congregation, and citizens of Effingham county, praying for
the repeal of the act for the establishment of a Bridge and
Toll Gate over Ebenezer creek, in the county of Effingham—
which, on his motion, was referred to a select committee, con¬
sisting of Messrs. McGahagan, Reynolds and Jackson.
Mr. Hardeman moved to take up the report of the Com¬
mittee of the Whole on the bill for the establishment of a Su¬
preme Court for the Correction of Errors, &c.—which was
lost.
■ The following message was received from the House of
Representatives, by Mr. Word, their Clerk :
Mr. President—The House of Representatives have con¬
curred in the resolution of Senate bringing on the election of a
State Printer this day, at 11 o'clock. Which I am directed to
report forthwith to this branch of the General Assembly.
Mr. Chastain, from the Committee on Enrollment, reported1
as duly enrolled, and ready for the signature of, the President,
the resolution of Senate bringing on the election of State Printer
this day, at 11 o'clock, A. M.
The Senate took up, as a report of the Committee of the
Whole, a bill for the relief of Sarah McKeen.
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. Anderson, his Secretary:
Mr. President—His Excellency the Governor has approved
and signed a resolution for the election of State Printer to-day,
at 11 o'clock; and has directed me to return the same to the
Senate.
SENATE.
57
The following "bills were taken up, and read the second time,
and referred to a Committee of the Whole :
A bill to incorporate certain persons under the name and
style of the Coweta Falls Manufacturing Company.
A bill to incorporate the Columbus Water Lot Company,
in the city of Columbus.
A bill to compel persons owning taxable property in the
county of Murray, to pay the tax on the same within the
county of Murray.
A bill to amend the several acts heretofore passed and now in
force incorporating and relating to the Central Rail Road and
Banking Company of Georgia, and to authorize the said Com¬
pany. to continue and extend its Rail Road from the coun¬
ty of Bibb to the Chattahoochee river, at or near the city
of Columbus.
A bill to add lot of land number two, in the thirteenth dis¬
trict of the county of Fayette, to the county of DeKalb, and to
repeal all laws militating against the same.
A bill to add Levi Philips and his premises, now in the
county of Campbell, to the county of Coweta.
A bill to alter and amend the first section of an act to
change the names of certain persons therein mentioned, and to
legitimatize those persons whose names are so changed, and
to constitute Martha Beauchamp the legal heir and represen¬
tative of Josiah Parker, of DeKalb county, passed 22d De¬
cember, 1829, &c.; also, to legalize the official and trust acts
of James Smith, whose name is changed, in the act afore¬
said, from the name of James Bexley to the name of James
Smith.
A Lill to create a new Judicial Circuit, to fix the time of
holding the Superior Courts in the several counties thereof, and
to change the time of holding the several Superior Courts in
the Cherokee Circuit.
A bill to extend the provisions of the act passed on the 28th
December, 1843, entitled an act to point out the manner of
creating, certain corporations, to define their rights and privi¬
leges, and to provide a mode of changing the names of indi¬
viduals.
The following -message was received from his Excellen¬
cy the Governor, by his Secretary, Mr. Steele :
His Excellency, the Governor has assented to and signed,
An act to empower the Judge of the Superior Courts of the
Coweta District to compel the Jurors chosen for the first week
of Troup Superior Court to serve two, instead of one week;
and the Jurors chosen for the second week to serve two, instead
of one week.
And has directed me to return the same to the Senate.
Mr. Chastain,from the Committee on Enrollment, reported as
S*
58
JOURNAL OF THE
duly enrolled^ and signed by the Speaker of the House of Rep¬
resentatives, a resolution bringing on the election of a United
States Senator to fill the vacancy occasioned by the resignation
of the Honorable John M. Berrien, this day, at 11 oclock,
A. M.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—I am directed to inform the Senate that
the House of Representatives are now ready to receive them
in their,' Chamber, to proceed to the elections set apart for
this day.
On motion of Mr. Thomas F. Anderson, the Senate repaired
to the Representative Hall, and being seated, and in accordance
with a concurred resolution, proceeded to the election of a
Senator to fill the vacancy occasioned by the resignation of the
Honorable John M. Berrien, in the Senate of the United
States.
And on receiving, examing and counting out the ballots, it
appeared that John McPherson Berrien was duly elected to fill
said vacancy.
They then proceeded to the election of a State Printer; and
on receiving, examining and counting out the ballots, it ap¬
peared that Miller Grieve, Esquire, was duly elected.
On motion, the Senate then withdrew and returned to their
Chamber.
On motion of Mr. WofFord, the Senate took up the bill to
carry into effect that part of the first section of the third arti¬
cle of the Constitution which requires the establishment of a
Supreme Court for the Correction of Errors, and to organize
the same, and to regulate the proceedings thereof.
On motion of Mr. Chastain, the bill was recommitted to a
Committee of the Whole, and taken up by sections.
The first section being read, Mr. Murphey moved to strike
out " present" session of the General Assembly, for the time of
electing the Judges, with the view of inserting the word
next."
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 13, nays 33.
Those voting affirmatively are Messrs. Broaddus, Colley,
Cone, Hill, Holderness, Jones, Kellogg, John M. King, Wesley
King, McGreggor, Murphey, Whitfield, Wilcox
Those voting negatively are Messrs. Allen, Thomas F. An¬
derson, Wm. Q,. Anderson, Beall, Boynton, Brown, Calhoun,
Chastain, Crawford, Curry, Field, Gignilliatt, Hackett, Har¬
deman, Harris, Hines, Jackson, Kenan, Lee, Lewis, Long,
Martin, McGahagan, Miller, Mitchell, Moody, Nickelson, Rey¬
nolds, Ridley, Smead, Smith, Stell, Wofford.
senate. 59
So the motion was lost.
The first section was then agreed to.
On motion, the Senate adjourned until ten o'clock to-mor¬
row morning.
SATURDAY, November 15, 1845.
The Senate met pursuant to adjournment.
Leave of absence was granted for a few days to Mr.
Smead.
The Senate resumed the consideration, of the unfinished
business of yesterday, to wit:
A bill to be entitled an act to carry into effect that part of
the 1st section of the 3d article of the Constitution which re¬
quires the establishment of a Supreme Court for the Correction
of Errors, &c.
The second section being read, Mr. Chastain moved to strike.
out " Rome," and insert " Cassville."
Which was carried.
Mr. Hardeman moved to strike out " Forsyth," and insert
Macon."
Which was carried.
Mr.. Lee moved to strike out " Decatur," and insert " New-
nan."
Which motion was lost.
The third section being read, Mr. Stell moved to strike out
from the clause—
" If at a Court at which only two Judges preside, the Judges
shall be divided in opinion on any cause heard before them,
then the judgment in the Court below shall stand affirmed, and
be so certified by the Judges"—all after the word " them," and
insert, "the cause shall stand over, undetermined, until there
shall be a full attendance of the Judges of said Court."
Which motion was agreed to.
The fourth section being read, on motion of Mr. Miller,
" twenty-four hours" was stricken out, and " four days" in¬
serted, as the time for filing a bill of exceptions.
Mr. Miller moved to insert after the words such bill of ex¬
ceptions shall operate as a supersedeas to the judgment, sen¬
tence, execution or decree of the Court below," the following
words: " in all cases where bond may be given or affidavit
filed, as herein after provided."
Which was carried.
Mr. Martin moved to amend by inserting after the words
60
JOURNAL OF THE
" give bond/' the words, " either personally or by his agent,
solicitor, or attorney in fact or at law."
Which was carried.
The fourth section, as amended, was agreed to.
The fifth section being read, Mr. Murphey moved to strike
out " ten per cent, damages"—which was lost.
The fifth section was then agreed to.
The 6th, 7th, 8th and 9th sections were read and agreed to.
The tenth section being read, Mr. Martin moved to amend
the same by inserting after the words " additional and other
security," the words, " unless the appelent shall make an affi¬
davit, under the provisions of the seventeenth section of this
act"—which was agreed to.
Also, the following amendment, by inserting after the words
" such additional security," the words, " or make and file such
affidavit"—which was agreed to.
The 10th section, as amended, was agreed to.
The 11th, 12th, 13th, 14th, 15th and 16th sections were read
and agreed to.
The 17th section being read, Mr. Miller moved to amend
by adding the words—
And when any party in any civil cause, residing out of the
county in which it may be tried, shall not be desirous of ob¬
taining a supersedeas, he shall be entitled to have his cause car¬
ried up before said Supreme Court, under the provisions of this
act, without giying bond or making affidavit, as herein before
provided; the adverse party being at liberty to proceed with
execution"—which was agreed to.
Mr. Martin moved to insert after the word " error," the fol¬
lowing- words: " or his solicitor, agent, or attorney in fact, or at
law; may make and file the affidavit, by swearing to the best
of his belief, from the information in his possession^ or know¬
ledge"—which was lost.
The seventeenth section, as amended, was agreed to. .
Mr. Hardeman moved to recommit the whole bill—which
was carried.
• Mr. Miller moved to strike out of the 3d section the follow¬
ing words:
"If at a Court at which only two Judges shall attend, the
Judges should be divided in opinion ori any cause heard before
them, then the cause shall stand over, undetermined, until there
shall be a full attendance of the Judges of said Court."
On which the yeas and nays were required to be recorded,
and are—yeas 24, nays 19.
Those voting in the affirmative are Messrs. Wm. Q,. Ander¬
son, Boynton, Brown, Calhoun, Chastain, Crawford, Field,
Grignilliatt, Hackett, Hardeman, Harris, Jackson, Kenan Lee,
Lewis, Long, Martin, Miller, Mitchell, Nickelson, Reynolds Rid¬
ley, Stell, Wofford. 5
senate.
61
Those voting in the negative are Messrs. Allen, Thomas F.
Anderson, Beall, Broaddus, Colley, Cone, Curry, Hill, Hines,
Jones, Kellogg, John M.King, McGahagan, McGreggor, Moody,
Murphey, Smith, Whitfield, WilcoX.
So the motion was carried.
Mr. Lee moved to strike out of the 12th section the words
"Judges of said Court," and insert, " General Assembly," as
the electors of the Reporter—this motion was lost.
Mr. Murphey moved to adjourn—which was lost.
On motion, 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 re¬
corded, and are—yeas 22, nays 21.
Those voting in the affirmative are Messrs. Wm. Q,. Ander¬
son, Boynton, Brown, Calhoun, Chastain, Crawford, Field, Gig-
nilliatt, Hackett, Hardeman, Harris, Jackson, Kenan, Lee, Mar¬
tin, Miller, Mitchell, Nickelson, Reynolds, Ridley, Stell, Wof-
ford.
Those voting in the negative are Messrs. Allen, Thomas F.
Anderson, Beall, Broaddus, Colley, Cone, Curry, Hill, Hines,
Jones, Kellogg, John M. King, Lewis, Long, McGahagan, Mc¬
Greggor, Moody, Murphey, Smith, Whitfield, Wilcox.
So the bill was t passed.
On motion, the Senate adjourned until 10 o'clock, Monday
morning.
MONDAY, November 17,1845.
The Senate met pursuant to adjournment.
Mr. Cone moveu. a. reconsideration of the bill to carry into
effect the first section of the third article of the Constitution,
for the establishment of a Supreme Court for the Correction of
Errors.
Upon which motion the yeas and nays were required to be
recorded, and are—yeas 20, and nays 24.
Those voting affirmatively are Messrs. Allen, Thomas F.
Anderson, Broaddus, Colley, Cone, Curry, Hill, Hines, Holder-
ness, Jones, Kellogg, John M. King, Wesley King, Long, Mc¬
Greggor, Moody, Murphey, Smith, Whitfield, Wilcox.
62
JOURNAL OF THE
Those voting negatively are Messrs. Wm. Q,. Anderson,
Boynton, Brown, Calhoun, Chastain, Crawlord, Field, Gignil-
liatt, Hackett, Hardeman, Harris, Jackson, Kenan, Lee, Lewis,
Martin, McGahagan, Miller, Mitchell, Nickelson, Reynolds,
Ridley,, Stell, Wofford.
The motion to reconsider was therefore lost.
Mr. Calhoun reported the. following hills :
A bill to incorporate the Fire Company of the city of Co¬
lumbus, to be known by the name and style of the Columbus
.Engine Company Number Two—which was read the first
time. ■
Also, a bill for the protection and preservation of the rights
of married women—which was read the first time, and fifty
copies ordered to be printed'.
Also, a bill to grant certain privileges and immunities to the
Columbus Guards, a volunteer infantry corps in the city of Co¬
lumbus—which was read the first time.
The following message was received from the House of
Representatives, by Mr. Word, their Clerk :
Mr. President—I am directed by the House of Representa¬
tives to inform the Senate that they have elected John W. An¬
derson, Esquire, a Representative from the county of Chat¬
ham, Speaker Pro Tem.
They have also passed the bill of Senate for the relief of
John W. Brown, of the county of Houston.
Mr. T. F. Anderson reported a bill to alter and amend the
13th section of the 13th division of the Penal Code of this State.
Which was read the first time.
Mr. Wesley King reported a bill to authorize the Justices of
the Inferior Court of Wilkinson county to retain the taxes of
said county for-the year 1846, to enable said county to build a
court house and jail.
Which was read the first time.
Mr. Hackett presented the memorial of Samuel Williams—
which, on his motion, was read, and referred to a select com¬
mittee consisting of Messrs. Hackett, Murphey and Miller.
Mr. Murphey presented the petition of James W. Rives—
which, on his motion, was read, and referred to a select com¬
mittee consisting of Messrs. Murphey, Hardeman and Hol-
derness.
Mr. Miller presented the petition of William Gregg and Geo.
Gibbon—which, on his motion, was read, and referred to a se¬
lect committee consisting of Messrs.. Miller, Harris and Chas¬
tain.
Mr. Chastain, from the Committee on Enrollment, made the
following report: '
The Committee on Enrollment report as duly enrolled, and
SENATE.
03
signed by the Speaker of the House of Representatives, the fol¬
lowing bills, to wit:
An act to declare Henry George Oliver, Serliter, (formerly
Oliver, now) the wife of James Eraser—Margaret, (formerly
Oliver, now) the wife of James Young, Jr., and Samuel Elliott
Oliver, legitimate, and to entitle them to all the rights and privi¬
leges of free and legally born citizens of Georgia.
An act to give the consent of the State of Georgia to a
purchase, by the United States, of a lot of land in the city of
Savannah, for the use of a Custom House, and to cede the
jurisdiction of the same.
Mr. Broaddus reported a bill to incorporate the Executive
Committee of the Central Baptist Association of the State of
Georgia.
Which was read the first time.
Mr. Miller reported a bill to alter the law in relation to in¬
terest on money.
Which was read the first time.
Mr. Chastain reported a bill to amend the several laws of
force in this State, in relation to the lien of judgments on the
property of defendants.
Which was read the first time, and referred to the Judiciary^
Committee.
Mr. Kenan reported a bill to provide for the service of origi¬
nal process upon corporations.
Which was read the first time.
Mr. Whitfield reported a bill to compel persons owning or
holding lands in this State, to pay the taxes for the same, and
for the slaves kept or employed thereon, in the counties where¬
in such lands are situated, under certain circumstances.
Which was read the first time.
Mr. Harris reported a bill to amend an act entitled an act to
authorize and empower the Surveyor General to record all plats
of survey made on head rights, oefore granting the same, pass¬
ed on 23d of December, 1835.
Which was read the first time.
Mr. Curry reported a bill to remove the election precinct at
the house of Reuben Whitfield, in the county of Washington,
to the house of Samuel Josey, and to give it a name.
Which was read the first time, and on his motion, was refer¬
red to the Committee on establishing and abolishing Election
Precincts.
On motion of Mr. Boynton,
The Senate took up and concurred in the amendments of the
House to the bill of Senate to authorize Alpheus Baker, jr., and
other persons therein named, to plead and practice law in the
different courts of law and equity in this State.
64
JOURNAL OF THE
The Senate took up, as a report of the Committee of the
Whole, . . i ,
The bill to incorporate certain persons under the name ana
style of . the Co^veta Falls Manufacturing Company.
Which, on motion of Mr. Wofford, was laid on the table for
the present.
Mr. Lewis moved to have fifty copies of the same printed
for the use of the Senate.
Which was lost.
The Senate took up, as a report of the Committee of the
Whole,
The bill to compel persons owning taxable property in the
county of Murray, to pay tax on the same within the county
of Murray.
Which, on motion of Mr. Crawford, was laid on the table for
the present.
The Senate took up, as a report of the Committee of the
Whole,
The bill to add lot of land number two, in the thirteenth
district of the county of Fayette, to the county of DeKalb, and'
to repeal all laws militating against the same,
And agreed tp the report—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 25.
Those voting in the affirmative are Messrs. Thomas F. An¬
derson, Broaddus, Brown, Chastain, Cone, Crawford, Field,
Hackett,Hill, Hines, Holderness, Jackson, Jones, Kellogg, John
M. King, Lee, McGreggor, Murphey, Whitfield, Wilcox, Wof-
- ford.
Those voting in the negative are Messrs. Allen, Wm, Q.
Anderson, Beall. Boynton, Calhoun, Colley, Curry, Gignilliatt,
Hardeman, Harris, Kenan, Wesley King, Lewis, Long, Mar¬
tin, McGahagan, Miller, Mitchell, Moody, Nickelson, Reynolds,
Ridley, Smead, Smith, Stell.
So the bill was lost.
*1
The Senate took up, as the report of the Committee of the
Whole,
The bill to add Levi Phillips and his premises, now in the
county of Campbell, to the county of Coweta,
And agreed to the report—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 23.
Those who voted in the affirmative are Messrs. Thomas F.
SENATE.
65
Anderson, Beall, Broaddus, Chastain, Colley, Cone, Field,
Hackett, Hill, Holderness, Jones, Kellogg, John M. King, Lee,
Martin, McGreggor, Miller, Murphey, Stell, Whitfield, Wilcox,
Wofibrd.
Those who voted in the negative are Messrs. Allen, Wm.
Q,. Anderson, Boynton, Brown, Calhoun, Crawford, Curry,
Gignilliatt, Hardeman, Harris, Hines, Kenan, Wesley King,
Lewis, Long, McGahagan, Mitchell, Moody, Nickelson, Rey¬
nolds, Ridley, Smead, Smith.
So the bill was lost.
On motion of Mr. Kenan,
The regular order was suspended, and the following resolu¬
tion, offered by himself, taken up and agreed to:
Resolved, That so much of the Governor's communication
as relates to our Federal Relations, be referred to the Commit¬
tee upon the State of the Republic.
So much as relates to Finance, to the Committee upon Fi¬
nance.
So much as relates to Banks, to the Committee upon Banks.
So much as relates to the Judiciary, to the Committee on the
Judiciary.
So much as relates to the Militia, to the Committee on the
Military.
So much as relates to Internal Improvement, to the Commit¬
tee on Internal Improvement..
So much as relates to the Penitentiary, to the Committee on
the Penitentiary.
So much as relates to Education and Free Schools, to the
Committee on Public Education.
On motion of Mr. Hackett^
The order of the day was suspended, for the purpose of ta¬
king up
The till to incorporate the Chattahoochee Company, for the
purpose of improving the navigation of the Chattahoochee river,
above the city of Columbus, and for the purpose of command¬
ing and appropriating the water power of said river.
And on his motion, fifty copies was ordered to be printed for
the use of the Senate.
The Senate took up, as the report of the Committee of the
Whole,
The bill to create a new Judicial Circuit, to fix the time of
holding the several Superior Courts therein, and to change the
time of holding the several Superior Courts in the Cherokee
Circuit.
And agreed to the report—the bill was read the third time,
and lost.
9
66
JOURNAL OF THE
The following bills were read the second time, and referred
to the Committee, on the Judiciary:
A bill for the limitation of proceedings in caveating will or
A bill to alter and change the laAV with respect to the lien of
judgments on the property of defendants, &c.
Mr. Ridley moved to suspend the order of the day, for the
purpose of taking up the resolutions offered by himself, bring¬
ing on the election of a United States Senator.
Which was lost.
The Senate took up the following bills, which were read the
second time, and referred to a Committee of the Whole.
A bill to alter the time of holding the Inferior Court in the
county of DeKalb, and to legalize and make valid all writs,
executions and other processes returnable to said Court, at its
terms as altered.
A bill to amend an act approved the 11th Feb., 1799, to reg¬
ulate the general elections in this State, and to appoint the time
of the meeting of the General Assembly.
A bill to extend the corporate existence of the President, Di¬
rectors, &c., of the Bank of Augusta, and continue in force cer¬
tain acts of the General Assembly therein mentioned.
A bill to extend the time of payment to persons indebted to
the Central Bank of Georgia, on certain conditions therein
named.
A bill to incorporate the Chattahoochee Company, for the
purpose of improving the navigation of the Chattahoochee riv¬
er, above the city of Columbus, and for the purpose of com¬
manding and appropriating the water power of said river.
A bill to authorize the grant to lot of land number ninety-
four, in the fifth district and third section of originally Chero¬
kee, now Cass county, to Stephen Ellis, the drawer thereof, on
the payment of the grant fee into the Treasury of the State of
Georgia.
A bill to amend and alter an act entitled an act to incorporate
the Savannah Institution for Savings.
The following bills of the House of Representatives were
read the second time, and referred to a Committee of the Whole,
to wit:
A bill to amend the charter of the Chattahoochee and Flint
River Steamboat Company, incorporated and approved Deer.
23d, 1836. ^
A bill for the relief of Burwell J. Wynn, of the county ol
Hancock. 1
A bill to regulate the mode of taking Sheriffs bonds in this
State, so far as relates to the county of Union.
The following bills from the House of Representatives were
read the first time:
SENATE.
67
*A bill to change the times of holding the Superior and Infe¬
rior Courts of the county of Baldwin.
A bill to prevent wards from having to pay commissions up¬
on their estates to more than one guardian.
A bill to repeal an act entitled an act to consolidate the offices
of Receivers and Tax Collectors in the counties of Lumpkin,
Gilmer, Tattnall, Union, Pulaski, Telfair, Walker, Cherokee,
Early, Rabun, Floyd and Paulding, assented to December 25th,
1837, so far as relates to the counties of Lumpkin and
Walker.
'A bill to authorize John R. Bowman, of the comity of Green,
to plead and practice law in the several courts of law and equi¬
ty in this State, and to prescribe his liability touching the
same.
The following resolution of the House of Representatives,
was taken up:
Resolved, That his Excellency the Governor be, and he is
hereby authorized to draw his Warrant upon the Treasurer, in
favor of the Mayor of the city of Macon, for five hundred and
seventy-nine dollars and six cents, it being the amount paid by
the city of Macon for the suppression of the Small Pox, which
made its appearance in said city on the 26th of April, 1842,
and that the same be inserted in the general appropriation bill
of this session.
And on motion, was ordered to lie on the table for the pre¬
sent.
On motion, the Senate adjourned until 10 o'clock, to-morrow
morning.
TUESDAY, November 18, 1845.
The Senate met pursuant to adjournment.
Mr. Murphey moved to reconsider so much of the journal of
yesterday as relates to the bill to add lot number two, in the
thirteenth district of the county of Fayette, to the county of
DeKalb—which motion was carried.
Mr. Lee moved a reconsideration of so much of the journal
of yesterday as relates to the action of the Senate on the bill to
add Levi Phillips and his premises, now of the county of
Campbell, to the county of Coweta—which motion was car-1
ried.
The following message was received from his Excellency the
Governor, by Mr. Anderson, his Secretary;
journal of th22
Mr. President—His Excellency has this day assented to and
signed the following act, and directed me to return the same to
the Senate, in which it originated.
An Act to give the consent of the State of Georgia; to a pur¬
chase, by the United States, of a lot of land in the city of Sa¬
vannah, for the use of a Custom House, and to cede the juris¬
diction of the same.
He has also directed me to lay before the Senate a commu¬
nication.
Mr. Jackson offered the following resolution:
Resolved, by the Senate, the House of Representatives concur¬
ring therein, That the caption of the act to declare Henry Geo.
Oliver, and others, legitimate, and to entitle them to all the privi¬
leges of free and legally born citizens of Georgia, passed at
the present session, and1 now in the hands of the Enrolling
Committee of the Senate, be changed so as to make it read as
follows:
" An act to declare Henry George Oliver, Seliter, formerly
Oliver, now the wife of James Fraser, Margaret, formerly Oli¬
ver, now the wife of James Young, junior, and Samuel Elliott
Oliver, legitimate, and to entitle them to all the rights and privi¬
leges of distributees and heirs at law of George Oliver and
Sarah Ann Wilson, and for other purposes."
And be it further resolved, the House of Representatives
concurring therein, That the phraseology of the said act be so
altered, in the second section thereof, as to make it read in part
thus—
Sec. 2d. Be it further enacted, That the said Henry George
Oliver, Seliter Fraser, Margaret Young and Samuel Elliott
Oliver, be, and they are hereby entitled to all the rights and
privileges of distributees and heirs at law of George Oliver and
Sarah Ann Wilson; and as such, &c.
Mr. Miller offered the following resolution:
Resolved, That hereafter the Senate will enterfain 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 residence of citizens, without the written application of the
person whose name or residence is proposed to be changed, or
whose reputed children are proposed to be legitimatized; and
that this resolution be entered as one of the standing rules of
Senate.
Mr. Chastain, from the Committee on Enrollment, reported
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 for the relief of John W. Brown, of the county of
Houston.
Mr. Murphey, from the select committee, reported a bill for
the relief of James W. Reeve, which was read the first time.
SENATE.
€9
Mr. Martin reported a bill to repeal an aet entitled an act to
incorporate the town of Davisville, in fhe county of Pike, and
to appoint Commissioners for the same, and other purposes
therein mentioned, assented to the 8th day of December, 1841,
which was read the first time.
Mr. Miller reported a bill to incorporate the Proprietors of the
Augusta Canal, and to confirm certain Ordinances of the City
Council of Augusta, therein mentioned—which was read the
first time.
Mr. Holderness reported a bill to add the county of Hous¬
ton to the Southern Circuit.
Mr. Beall reported a bill to establish an addition Election
Precinct in the 729th District, Georgia Militia, in Carroll county,
which was read the first time, and referred to the committee on
establishing and abolishing election precincts.
Mr. Lee reported a bill to alter and amend the laws of Geor¬
gia so far as relates to the selecting Jurors, in certain eases.
Mr. Crawford reported a bill to incorporate the South-Wes¬
tern Rail Road Company, with power to extend Branches to
Albany, in the county of Baker, and Fort Gaines, in the county
of Early, or to any points below those places, on the Flint and
Chattahoochee rivers, which was read the first time.
Also, a bill to incorporate the Flint River Steamboat Com¬
pany, which was read the first time.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have passed
the following bills, to wit:
A bill to change the line between the counties of Haber¬
sham and Hall, so as to add lot No. 24, in the second district of
the county of Habersham, to the county of Hall.
A bill to change the time of holding the Superior Courts of
the county of Wilkes.
A bill to change the name of Maria Ellen Allen to that of
Maria Ellen Chapman, and to legitimatize the same.
A. bill to authorize his Excellency the Governor to furnish
arms and accoutrements to volunteer corps in the State,
A bill to reduce the Sheriffs' bonds of this State, so far as
relates to the county of Gilmer, and to regulate the mode of
taking the same.
Mr. Holderness reported a bill to amend the claim laws of
this State, which was read the first time, and which, on his mo¬
tion, was referred to the Judiciary Committee.
The following communication from his Excellency the Go¬
vernor was called up and read, and, on motion of Mr. Jackson,
referred to the Committee on the State of the Republic, with
the accompanying resolution; and on motion of Mr. Miller,
fifty copies were ordered to be printed for the use of the
SSenate:
70
journal of the
Executive Department, ?
Milledgeville, November 17th, 1845. $
I have the honor of transmitting herewith a copy of a reso¬
lution passed by the General Assembly of Florida, in relation
to the boundary between that State and Georgia. The resolu¬
tion has just been received at this Department; and in view of
the pressing necessity of settling a question of territorial limits,
I avail myself of the earliest opportunity of laying it before
the General Assembly.
Accompanying the resolution is a letter from the Executive
of Florida, in which his Excellency the Governor has had the
kindness to say what will be substantially his recommendation
upon the subject to the Legislature of that State, which assem¬
ble this day. He says that he will recommend the appoint¬
ment of a Commission, on the part of Florida, with full authori¬
ty to meet, consult and settle with such as may be raised on
the part of Georgia, the question in controversy ; and in case
of disagreement, to leave the matter to the umpirage of some
person to be selected from another State. His Excellency fur¬
ther advises that he shall give notice to the authorities of the
Federal Government, as they are interested in the soil in dis¬
pute, and request the appointment of a Commissioner to meet
those of Florida and Georgia; and in conclusion, expresses the
hope that this State will concur in the proposition.
As the proposition indicated by the Executive of Florida is
presented in accordance with the past and importunate wishes
of Georgia, as evinced by her frequent legislative action, since
the year 1819, when she acquired the occupancy of the terri¬
tory bordering on the unsettled boundary, it is presumed that it
will be promptly accepted.
In respect to the plenary authority asked to be conferred on
the Commission, or Commissioners on the part of Georgia, I re¬
spectfully invite your attention to the Constitution of this State,
which declares the boundary thereof, and the mode by which
that instrument may be altered. It is apparent that whatever
shall be done can only be done provisionally, subject to the rati¬
fication of two successive Legislatures, unless indeed, the boun¬
dary which may be established be in conformity with the pro¬
vision of that instrument. So much is due to Florida, that she
may be seasonably advised of the constitutional difficulty
which will be encountered, in, case a conventional line should
be agreed or decided on other than that designated in the treaty
between the United States and Spain, in the year 1795, and
with which the Constitution of Georgia is concurrent. A di¬
vided jurisdiction and sovereignty are wholly inconsistent with
that peace and harmony which should exist between States
united by all the ties which make intercourse profitable and
pleasant.
I have intentionally refrained from the discussion of this
senate.
71
subject, under the belief that as Florida intends to submit it as1
an open question, Georgia should meet it under like circum¬
stances. In the absence of any legislative instructions, I shall
regard it as a duty to express fully my views to the Commis¬
sioners who may be appointed on the part of Georgia. In the
mean time I beg leave respectfully to refer the General Assem¬
bly to the treaty of 1795, already mentioned; the acts of the
Commissioners of the United States and Spain, in 1800, and
the failure, and causes thereof, in the performance of the duty
assigned them; the reports of various surveys made by the au¬
thority of Georgia, since the year 1819; and several messages
made by my predecessors, aud other documents which are ful¬
ly referred to in them. These will furnish the necessary infor¬
mation for a full understanding of the matter in dispute, and
to which it is supposed the Legislature will refer in the event
that our Commissioners are to receive any specific instructions
upon the subject. The instructions which shall be given by
this Department will of course be communicated to the present
or a future Legislature.
GEO. W. CRAWFORD.
The following communication from his Excellency the
Governor was taken up and read, and on motion of Mr. Cal¬
houn, referred to Committee on Internal Improvement:
Executive Department, £
Milledgeville, November 14th, 1845. \
In answer to a resolution of the Senate asking for informa¬
tion in relation to the Western and Atlantic Rail Road, the con¬
tracts and appropriations connected therewith, &c., I have the
honor to say, that I have delayed a reply until the report of the
Chief Engineer of the State had been published, as in the last
biennial message from this Department reference was made to
it. It is believed that that report embraces substantially all
which the resolution seeks to obtain, except the period when
the Georgia Rail Road reached Marthasville or Atlanta. This
event occurred about the 15th day of last September.
G. W. CRAWFORD.
Mr. Ridley moved to take up -a resolution offered by him¬
self, bringing on the election of a United States Senator for six
years, from and after the 4th day of March, 1847.
On which motion the yeas and nays were required to be
recorded, and are—yeas 23, nays 23.
Those voting affirmatively are Messrs. Allen, William Q.
Anderson, Boynton, Brown, Calhoun, Crawford, Curry, Gig-
nilliatt, Hackett, Hardeman, Harris, Hines, Kenan, Wesley
King, Long, McGahagan, Miller, Mitchell, Moody, Nickelson,
Reynolds, Ridley, Smead.
72
JOURNAL OP THE
Those voting negatively are Messrs. Thomas F. Anderson;
Beall, Broaddus, Chastain, Colley, Cone, Field, Hill, Holder-
ness, Jackson, Jones, Kellogg, JohnM. King, Lee, Lewis, Mar¬
tin, McGreggor, Murphey, Smith, Stell, Whitfield, Wilcox;
Wofford.
There not being a majority in favor of taking up the reso¬
lution, the motion was lost.
Mr. Jackson presented the petition of Henry K. Preston,
George R. Gilmer, Samuel K. Talmage, Robert M. Charlton
and I. K. Tefft, a Committee of the Georgia Historical Society,
which was read, and on his motion, 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 first section of an act to
change the names of certain persons therein mentioned, and to
legitimatize those persons whose names are so changed, and to
constitute Martha Beauchamp the legal heir and representative
of Isaiah Parker, of DeKalb county, passed 22d December,
1829.
The report was agreed to; and the bill was read the third
time, and passed.
The Senate took up, as a report of the Committee of the
Whole, the bill to alter the time of holding the Inferior Court
in the county of DeKalb, to legalize and make valid all writs,
executions and other processes returnable to said Court at its
terms as established by this act.
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 approved the 11th of February,
1799, to regulate the General Elections in this State, and to ap¬
point the time of the meeting of the General Assembly—
which, on motion of Mr. Calhoun, 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 existence of the Presi¬
dent, Directors and Company of the Bank of Augusta, and
continue in force certain acts of the General Assembly therein
named.
The report was agreed to, and the bill read the third time;
and on motion of Mr. Stell, recommitted to the Committee of
the Whole.
The Senate took up, as the report of the Committee of the
Whole, the bill to extend the time of payment to persons in¬
debted to the Central Bank of Georgia, on certain provisions
therein named.
The report was agreed to—the bill read the third time, and
SENATE.
73
on the question " shall this bill now pass," the yeas and nays
were required to be recorded, and are—yeas 11, nays 34.
Those voting affirmatively are Messrs. Beall, Boynton, Col-
ley, Field, Hill, Hines, Holderness, Jones, Wesley King, Smead,
Wofford.
Those voting negatively are Messrs. Allen, Thomas F. An¬
derson, Wm. Q,. Anderson, Broaddus, Brown, Calhoun, Chas-
tain, Cone, Crawford, Carry, Hackett, Hardeman, Harris, Jack¬
son, Kellogg, Kenan, John M. King, Lee, Lewis, Long, Martin,
McGahagan, McGreggor, Miller, Mitchell, Moody, Murphey,
JNiickelson, Reynolds,Ridley, Smith, Stell, Whitfield, Wilcox.
So the bill was lost.
The Senate took up, as a report of the Committee of the
Whole, the bill to amend and alter an act entitled an act to in¬
corporate the Savannah Institution for Savings.
The report was agreed to—the bill was read the third time,
and passed.
The following bill was read the second time, and committed
to a Committee of the Whole, and on motion of Mr. Hardeman,
made the special order of the day for Monday next:
A bill for the protection and preservation of the rights and
property of married women.
The following bills were read the second time, and commit¬
ted to a Committee of the Whole :
A bill to incorporate the Fire Company of the city of Co¬
lumbus, to be known by the name and style of the Columbus
Engine Company Number Two.
A bill to grant certain privileges and immunities to the Co¬
lumbus Guards, a volunteer infantry corps in the city of Co¬
lumbus.
A bill to alter and amend the 13th section of the 13th di¬
vision of the Penal Code of this State.
A bill to provide for the service of original process upon cor¬
porations.
A bill to compel persons owning lands or holding lands in
this State, to pay the taxes for the same, and for the slaves
kept or employed thereon, in the county wherein such lands
are situated, under certain circumstances.
A bill to incorporate the Executive Committee of the Central
Baptist Association of the State of Georgia.
A bill to authorize the Justices of the Inferior Court of Wil¬
kinson county to retain the taxes of said county for the year
1846.
A bill to amend an act to authorize and empower the Sur¬
veyor General to record all plats of survey made on head rights,
before granting the same, passed on the 23d of December,
1835.
10*
74
JOURNAL OF THE
The following bill was read the second time and referred to
a Committee of the Whole; and on motion of Mr. Miller was
made the special order of the day for Tuesday next:
A bill to alter the law in relation to interest on money.
On motion of Mr. Kenan,
The Senate adjourned until- ten o'clock to-morrow morning.
WEDNESDAY, NOVEMBER 19, 1845.
The Senate met pursuant to adjournment.
Leave of absence was granted to Mr. Crawford, for a few
days.
Mr. Miller reported a bill to incorporate the Gregg Manufac¬
turing Company of Georgia.
Which was read the first time.
Also a bill to authorize the investment of trust funds in State
stocks, or other State securities, to provide for the sale or dispo¬
sition thereof, and to exempt the same from taxation.
Which was read the first time.
Mr. Martin reported a bill to amend an act authorizing the
establishment of the Southern Botanical Medical College of
Georgia, so as to authorize the Board of Trustees of said Col¬
lege to remove it to the city of Macon, whenever, in their judg¬
ment, it shall appear to said Board expedient, or conducive to
the interest of said Institution.
Which was read the first time.
Mr. Thomas F. Anderson reported a bill to change the mode
of compensating Grand and Petit Jurors of the county of Jack¬
son, and to repeal all laws militating against the same.
Which was read the firpt time.
Mr. Lewis, from the Committee on Finance, to whom was
referred the petition of Peter Trezvant, reported in favor of
the petitioner, and recommended the adoption of the following
resolution:
Resolved, That his Excellency the Governor be, and he is
hereby authorized to issue bonds of the State, payable in from
one to ten years, for an amount equal to five thousand pounds
sterling, (rated at four dollars forty-four cents to the pound,)
with interest from date, payable annually, at the rate of six per
cent, per annum—said bonds to be payable, at the option of the
State, sooner than the time therein specified—and that he be au¬
thorized to deliver said bonds to the said Peter Trezvant, or his
SENATE.
75
authorized agents or attorneys, upon the surrender of the cer¬
tificate of the State for five thousand pounds sterling, now in
his hands.
Mr. Stell, from the minority committee, made a counter re¬
port, that the prayer of the petitioner ought not to be granted.
The following message was received from his Excellency
the Governor, by Mr. Steele, his Secretary:
Mr. President—His Excellency the Governor has assented to
and signed, >
An act for the relief of John W. Brown, of the county of
Houston.
And has directed me to return the same to the Senate.
Mr. Hardeman presented the petition of Polly Myrick, pray¬
ing the passage of a bill to provide for the distribution of the
estate of David Myrick, of Putnam county, an insane person.
Also reported a bill to provide for the distribution of the es¬
tate of David Myrick, of Putnam oounty, an insane person.
Which was read the first time.
Mr. Wofford offered the following resolution, which was ta¬
ken up, and agreed to:
Resolved, That his Excellency the Governor be requested to
lay before this branch of the Legislature, a statement of the
amount of debts paid by him for the Penitentiary, during the
years of 1844 and '45, showing the names of all persons hold¬
ing such demands, the amount of each debt, and when they
fell due. Also showing what amount of debts are yet unpaid,
if any, against said Institution, by whom paid, and when they
fell due.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have passed
the following bill of Senate, to wit:
A bill to authorize Leonidas Franklin, Marcus A. Franklin,
and Mary G. Franklin, to construct a mill dam across the
Etowah river.
They have also agreed to the following resolutions, to wit:
A resolution authorizing his Excellency the Governor to draw,
in the next quota of arms, from the United States, four brass
six pounders, and to place the same under the charge of the
Chatham Artillery, of Savannah.
Also a resolution authorizing his Excellency the Governor to
furnish the Georgia Historical Society, Franklin College, Emo¬
ry College, Mercer University, and Oglethorpe University, with
complete sets of the Journals of the Senate and House of Rep¬
resentatives.
Also a resolution authorizing the Comptroller General to de¬
liver over to Absalom Thornton, formerly Sheriff of Forsyth
76
JOURNAL OF THE
county, an execution, the State of Georgia against Wm. "W.
Vaughn, collector of the general tax of Forsyth county, for the
year 1843.
To which they ask the concurrence of the Senate.
On motion of Mr. Wofford, the following resolution was ta¬
ken up, and read:
Resolved, That the State Engineer be, and he is hereby re¬
quired to make a survey and estimate of the cost of a Rail
Road connecting the Charleston and Hamburg Rail Road, at
its terminus in Hamburg, with the Georgia Rail Road, in Au¬
gusta; and that he report, if possible, to the present Legisla¬
ture.
Mr. Miller moved to lay the resolution upon the table for the
balance of the session.
Upon which motion, the yeas and nays were required to be
recorded, and are—yeas 31, nays 12.
Those voting affirmatively are Messrs. Allen, Wm. Q,. An¬
derson, Boynton, Broaddus, Brown, Calhoun, Colley, Cone,
Curry, Gignilliatt, Hackett, Hardeman, Hill, Hines, Holder-
ness, Jackson, Jones, Kenan, John M. King, Lee, Lewis, Long,
Martin, McGahagan, Miller, Mitchell, Moody, Nickelson, Rey¬
nolds, Ridley, Stell.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Chastain, Field, Harris, Kellogg, Wesley King, McGreg-
gor, Murphey, Smith, Wilcox, Wofford.
So the resolution was laid on the table for the balance of the
session.
The following message was received from his Excellency the
Governor,by Mr. Anderson, his Secretary: i
Mr. President—I am directed by his Excellency to lay before
the Senate a communication, with an accompanying docu¬
ment.
The Senate took up, and agreed to the following resolution:
Resolved unanimously, the House of Representatives concur¬
ring therein, That the caption of the act to declare Henry
George Oliver and others legitimate, and to entitle them to all
the privileges of free and legally born citizens of Georgia, pass¬
ed at the present session, and now in the hands of the Enroll¬
ing Committee of the Senate, be changed, so as to make it
read as follows:
" An act to declare Henry George Oliver, Serliter, formerly
Oliver, now the wife of James Fraser, Margaret, formerly Oli¬
ver, now the wife of James Young, junior, and Samuel Elliott
Oliver, legitimate, and to entitle them to all the rights and priv¬
ileges of distributees and heirs at law, of George Oliver and
Sarah Ann Wilson, and for other purposes."
SENATE.
77
Mr. Miller reported a bill to incorporate the Augusta Manu¬
facturing Company.
Which was read the first time.
Also a bill to change the place of holding the justices' courts
of the 26th militia district of Glynn county.
Which was read the first time.
Mr. Brown reported a bill for the relief of Diana Hester's
estate.
Which was read the first time.
Also presented the petition of the administrator, praying the
passage of such a bill.
Mr. John M. King reported a bill to compel all persons resi¬
dent in the county of Camden, in the State of Georgia, to give
in and pay the tax upon the taxable property which they hold,
in said county.
Which was read the first time.
The Senate took up, as a report of the Committee of the
Whole,
The reconsidered bill to be entitled an act to add lot of land
number two, in the thirteenth district of the county of Fayette,
to the county of DeKalb, and to repeal all laws militating
against the same.
The report was agreed to—the bill was read the third time,
and passed.
The Senate also took up, as a report of the Committee of the
Whole,
The reconsidered bill to add Levi Phillips, and his premi¬
ses, now in the county of Campbell, to the county of Coweta.
Mr. Ridley moved to amend the bill, so as to add Willis P.
Menifee and his residence, now of the county of Campbell, to
the county of Coweta.
Mr. Hardeman moved to lay the report and amendment on
the table for the balance of the session.
The motion was lost.
On the question to agree to the amendment,
The yeas and nays were required to be recorded, and are—
yeas 16, nays 27.
Those voting in the affirmative are Messrs. Allen, Wm. Q.
Anderson, Boynton, Brown, Calhoun, Curry, Gignilliatt, Hines,
Wesley King, Long, McGahagan, Mitchell, Moody, Nickelson,
Reynolds, Ridley.
Those voting in the negative are Messrs. Thomas F. An¬
derson, Beall, Broaddus, Chastain, Colley, Cone, Field, Hack¬
ed, Hardeman, Harris, Hill, Holderness, Jackson, Jones, Kel¬
logg, Kenan, John M. King, Lee, Lewis, Martin, McGreggor,
Miller, Murphey, Smith, Stell, Wilcox, Wofford.
So the amendment was lost.
78
journal of the
And on motion of Mr. Lee, the bill was passed over for the
present.
On motion of LIr. Hackett, the order of the day was sus¬
pended, and the Senate took up the following resolution :
Resolved, That his Excellency the Governor be, and he is
hereby requested, as soon as it can be done, to direct the En¬
gineer to suspend all operations on the Western and Atlantic
Kail Road, beyond Burroughs's, in Cass county, until this Le¬
gislature shall otherwise direct.
Mr. Hardeman moved to refer the same to the Committee on
Internal Improvements—on which motion,
The yeas and nays were required to.be recorded, and are—
yeas 22, nays 21.
Those voting affirmatively are Messrs. Allen, William
Q,. Anderson, Boynton, Brown, Calhoun, Chastain, Curry,
Gignilliatt, Hardeman, Harris, Hines, Kenan, Long, McGaha-
gan, Miller, Mitchell, Moody, Nickelson, Reynolds, Ridley,
Smith, Wofford.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Colley, Cone, Field, Hackett, Hill, Holder-
ness, Jackson, Jones, Kellogg, John M. King, Wesley King,
Lee, Lewis, Martin, McGreggor, Murphey, Stell, Wilcox.
So the motion to refer, was agreed to.
The Senate took up, as the Report of the Committee of the
Whole,
The bill to grant certain privileges and immunities to the
" Columbus Guards," a volunteer infantry corps in the city of
Columbus.
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. Word, their Clerk:
Mr. President—The House of Representatives have concur¬
red unanimously in the resolution of Senate to change the cap¬
tion of an act to declare Henry George Oliver, and others, le¬
gitimate, and which I am directed to report forthwith to this
branch of the General Assembly.
The following communication from the Governor, was taken
up, and read—and,
On motion of Mr. Hardeman, was referred to the Committee
on the Judiciary.
' Executive Department, j
Milledgeville, Novr. 19th, 1845. $
I transmit to the General Assembly a copy of a letter recent¬
ly received from Richard Winn, the legal representative of one
senate.
79
of the securities of Samuel Jackson, late Tax Collector of Chat¬
tooga county, and for whose relief an act of indulgence was
granted by the last Legislature. In view of the equitable
right of Mr. Winn, as the representative of one of the securities
of Mr. Jackson, I respectfully submit, whether, after his formal
protest against further indulgence to his principal, he is not le¬
gally released, should longer indulgence be given; and if so,
whether the opinion should not be put in some solemn form,
which may supercede any further litigation with him.
GEO. W. CRAWFORD.
The Senate took up, as a report ot the Committee of the
Whole,
The bill to be entitled an act to extend the corporate exist¬
ence of the President, Directors and Company of the Bank of
Augusta, and to continue in force certain acts of the General
Assembly therein mentioned.
Mr. Stell moved to amend, by adding, as an additional sec¬
tion, the following:
Sec. 2. And be it f urther enacted, That from the time that
this act shall take effect, the total amount of the debts which
the Bank shall at any time owe, whether by bond, bill, note, or
other contract, shall not exceed the amount of its capital, (over
and above the monies then actually deposited in the Bank for
safe keeping)—and that so much of the previous acts, or parts
of acts, as conflict with the provisions of this section be, and the
same are hereby repealed.
Mr. Miller moved to lay the amendment .011 the table for the
balance of the session—on which motion,
The yeas and nays were required to be recorded, and are—
yeas 23, nays 19.
Those voting affirmatively are Messrs. Allen, William Q.
Anderson, Boynton, Brown, Calhoun, Curry, Field, Gignilliatt,
Hardeman, Harris, Hines, Jackson, Wesley King, Long, Mc-
Gahagan, Miller, Mitchell, Moody, Murphey, Nickelson, Rey¬
nolds, Ridley, Wofford.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Chastain. Colley, Cone, Hackett, Hill, Hol-
derness, Jones,-Kellogg, John M. King, Lee, Lewis, Martin,
McGreggor, Smith, Stell, Wilcox.
So the amendment was laid 011 the table for the balance of
the session.
Mr. Stell moved to lay the report on the table for the balance
of the session.
Mr. Hackett moved to lay the report on the table for the pres¬
ent—which was carried.
80
journal op the
The Senate took up, as the report of the Committee of the
Whole,
The bill to incorporate the Executive Committee of the Cen¬
tral Baptist Association of the State of Georgia.
And agreed to the report—the bill was read the third time,
and passed.
The Senate took up, as a report of the Committee of the
Whole,
A bill to alter and amend the 13th section, of the 13th divis¬
ion of the Penal Code 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 amend an act entitled an act to* authorize and
empower the Surveyor General to record all plats of survey
made on head rights, before granting the same, passed on the
23d day of December, 1835.
The report was agreed to—the bill was read the third time,
and lost.
On motion, the Senate adjourned until 10 o'clock, to-morrow
morning.
THURSDAY, November 20,1845.
The Senate met pursuant to adjournment.
Mr. Wofford moved a reconsideration of so much of the
journal of yesterday as refers to the action of the Senate on
the resolution requiring the State Engineer to make a survey
and estimate of the cost of a Rail Road connecting the
Charleston and Hamburg Rail Road at its terminus in Ham¬
burg, with the Georgia Rail Road, in Augusta; and that he
report, if possible, to the present Legislature.
Upon which motion, the yeas and nays were required to be
recorded, and are—yeas 13, nays 31.
Those voting in the affirmative are Messrs. Broaddus, Chas-
tain, Field, Harris, Kellogg, Wesley King, Lewis, McGreggor,
Murphey, Smead, Smith, Wilcox, Wofford.
Those voting in the negative are Messrs. Allen, Thomas F.
Anderson, Wm. Q,. Anderson, Beall, Boynton, Brown, Cal¬
houn, Colley, Cone, Curry, Gignilliatt, Hackett, Hardeman,
Hill, Hines, Holderness, Jackson, Jones, Kenan, John M. King,
senate.
SI
Lee, Long, Martin, McGahagan, Miller, Mitchell, Moody, Nick-
elson, Reynolds, Ridley, Stell.
So the Senate refused to reconsider.
Mr. Hackett offered the following resolution:
Whereas, by an act of the General Assembly, assented to on
the 22d day of December, 1843, the Chief Engineer of the
Western and Atlantic -Rail Road, under the direction of his
Excellency the Governor, was authorized to protect and keep
in repair the said Road and timbers, and also to progress gradu¬
ally in the completion of Said Road, with the then existing ap¬
propriations, to the point where the branch Road to Rome was
expected to join said Ro'ad, which point is now known as the
Coosa depot; and whereas the said Chief Engineer, by his re¬
port, bearing date October 22d, 1845, shows that he has let the
work for twenty miles beyond said Coosa depot, and has incur¬
red a debt of fourteen thousand dollars, over and above the
then existing appropriations—
Be it therefore resolved, That the Senate and House of Rep¬
resentatives do not approve of the conduct of the Chief Engi¬
neer . of said Road, under the direction of his Excellency the
Governor, in the extension of said Road beyond the point de¬
signated, and thereby incurring a debt of fourteen thousand
dollars, without any authority of law for so doing.
The following communication was received from his Excel¬
lency the Governor, by Mr. Anderson, his Secretary, and on
motion, taken up and referred to the Committee on Internal Im¬
provements :
Executive Department, )
Milledgeville, Novr. 20th, 1845. \
I have the honor to state to the General Assembly that I
have received a communication from the Chief Engineer, da¬
ted the 14th instant, in which are reported the profits of the
Western and Atlantic Rail Road, from the 15th September to
the 15th October last, to be $913. 13; and from the latter date
to the 1st instant, (November) $914 47.
Only twenty miles of ,the Road were in operation from the
15th September, to the 27th October, which may in some de¬
gree account for an increase of profits during the two last
weeks, as reported.
In the same communication I am advised that on Wednes¬
day next, (19th inst.) eighteen miles of continuous track will be
laid beyond Burrows', requiring then a further expenditure of
only $360, to5 put on the iron and prepare it for the reception of
the cars. To finish the other two miles, repair some of the
bridges, and complete the water stations, will require some
$1,200 more. The whole amount, therefore, which is neces-
11
8.2
JOURNAL OF THE
sary to complete existing contracts beyond Burrows', will fall
short of $2,000.
I should also add, that the Chief Engineer represents, that
on the 1st proximo, the demands against the Road on that day
will be $5,000. I shall write him to apply the disposable funds
of the Road to the settlement of those demands, as far as they
will go, and request the claimants to wait for the result of your
legislative action on this subject.
GEO. W. CRAWFORD.
Mr. Stell reported a bill to alter and amend an act assented
to on the 26th day of Deceniber, 1838, to authorize the busi¬
ness of Banking, and to regulatp the same—read the first
time.
Mr. Nickelson presented the petition .of certain citizens of
Greene county for the pardon of William Burton—which, on
motion, was referred to a select committee, consisting of Messrs.
Nickelson, Hardeman and Martin, and fifty copies of the evi¬
dence ordered to be printed for the use of the Senate.
Mr. McGahagan, from the select committee, reported a bill
to repeal all acts and parts of acts establishing a bridge and
toll-gate over Ebenezer creek, in Effingham county, and for
other purposes therein named, which was read the first time.
Mr. Martin presented a petition of sundry citizens of Pike
county, which, on motion, was read and referred to the Com¬
mittee on Finance.
Mr. Martin also presented a petition from sundry citizens of
the 540th District, Pike county, which was read, and on mo¬
tion, referred to the Committee on Election Precincts.
Mr. Nickelson presented a petition from sundry citizens of
Greene, Morgan and Putnam counties, praying the repeal of
all acts relating to the navigation of the Oconee river above
the city of Milledgeville, which, on his motion, was referred to
a select committee, consisting of Messrs. Nickelson, Kenan and
Long.
The following message was received from the House of Rep¬
resentatives, by Mi\ Word, their Clerk :
Mr. President—The House of Representatives have passed
the following bill, to wit:
A bill to authorize the Justices of the Inferior Court of the
several counties in this State to contract for the building of pub¬
lic bridges, and give them discretionary powers in relation to
the same.
The Senate took up, as the report of the Committee of the
Whole, the bill and substitute to authorize persons entitled to
vote for Senator in the several Senatorial Districts, in the coun¬
ty in which they reside, to cast their vote at any election pre¬
cinct in the District in which they reside.
SENATE.
83
The amendment, by way of substitute, was agreed to; and
on motion of Mr. Calhoun, the bill was re-committed to a com¬
mitter of the whole.
Mr. Murphey moved to take up the bill by sections—which
was agreed to.
The first section was read and agreed to.
The second section was read as follows :
And be it further enacted by the authority aforesaid, That
any person applying to vote out of the county in which he re¬
sides, according to the first section of this act, shall take before
the presiding officer of said election, authorized to administer
an oath, the following oath or affirmation: I-do solemnly swear
(or affirm, as the case may be) that I am twenty-one years of
age, that I have resided in the county of during the
last six months, that I have paid all legal taxes required of me,
and which I have had an opportunity of paying, for the year
previous, that I have not voted on this day at any other pre¬
cinct, and that I will not offer my vote at any other place on
this day—so help me God.
Mr. Cone proposed to amend by adding the following words.
" which said oath shall be deposited by the superintended of
said election with the Clerk of the Superior Court, as evidence
against.the party in case of a prosecution."
Which was agreed to. >
Mr. Chastain moved to insert the words, " if required," af¬
ter the word " affirmation,"—which was agreed to.
The second section, as amended, was agreed to.
The third section being read—
Mr. Calhoun proposed to amend the same, by striking out
the words "fine of not less than one hundred, and not more
than five hundred dollars," and insert the words, "imprison¬
ment in the Penitentiary of this State, of not less than one, nor
more than five years"—which was agreed to.
Mr. Kenan moved to lay the report and amendments on the
table for the balance of the session—which was lost.
Mr. Stell moved to strike out .the following words: "that
the person so convicted shall not hereafter, be entitled to vote
in said District"—which was agreed to.
The 3d section, a,s amended, was agreed to.
The report was agreed to, as amended—the bill was read
the third time, and passed.
The Senate took up, as a report of the Committee of the
Whole, the bill to compel persons owning taxable property in
the county of Murray to pay tax on the same within the coun¬
ty of Murray. 1
Mr. Chastain offered an amendment, by way of a substitute
for the original bill—which was agreed to.
The report, as amended, was agreed to—the bill was read
the third time, and passed.
84
JOURNAL OF THE
The Senate took up, as a report of the Committee of the
Whole, the bill to incorporate certain persons under the name
and style of the Coweta Falls Manufacturing Company.
Mr. Wofford moved, as an additional section—
" And be it further enacted by the authority of the same,
That the individual property of the stockholders of said Com¬
pany be held liable for the payment of all contracts made by
said corporation."
Mr. Miller moved to lay the amendment on the table for the
balance of the session.
Mr. T. F. Anderson moved to lay the bill and amendment
on the table for the balance of the session.
On which motion, the yeas and nays were ordered to be
recorded, and are—yeas 14, nays 27.
Those voting in the affirmative are Messrs. Thomas F. An¬
derson, Broaddus, Chastain, Cone, Field, Hill, Lee, Lewis,
McGreggor, Murphey, Smith, Stell, Wilcox, Wofford.
Those voting in the negative are Messrs. Allen, Wm. Q,. An¬
derson, Beall, Boynton, Brown, Calhoun, Colley, Gignilliatt,
Hackett, Hardeman, Harris, Hines, Jackson, Kellogg, Kenan,
John M. King, Wesley King, Long, Martin, McGahagan, Miller,
Mitchell, Moody, Nickelson, Reynolds, Ridley, Smead.
So the motion was lost.
The question recurred on Mr. Miller's motion- to lay the
amendment on the table for the balance of' the session.
Whereupon, the yeas and nays were required to be record¬
ed, and are—yeas 11, nays 31.
Those voting in the affirmative are Messrs. Wm. Q. Ander¬
son, Boynton, Calhoun, Gignilliatt, Hardeman, Harris, Jack¬
son, Miller, Mitchell, Nickelson, Ridley.
Those voting in the negative are Messrs. Allen, Thomas F.
Anderson, Bjgall, Broaddus, Brown, Chastain, Colley, Cone,
Field, Hackett, Hill, Hines, Jones, Kellogg, Kenan, John M.
King, Wesley King, Lee, Lewis, Long, Martin, McGahagan,
McGreggor, Moody, Murphey, Reynolds, Smead, Smith, Stell,
Wilcox, Wofford.
So the motion was lost.
Mr. Hackett offered the following, as an amendment to the
amendment:
And in the event that the stock, or any portion thereof, be
transferred, that the private property of the individual or indi¬
viduals transferring such stock, shall be liable for all contracts
made previous to the date of said transfer.
Which -v^as agreed to.
senate.
85
Mr. Miller offered as an amendment to the amendment, to
follow the words " said corporation," the following words : " in
proportion to their respective interests."
Whereupon, the yeas and nays were required to be recorded,
and are—yeas 13, nays 28.
- Those voting in the affirmative are Messrs. William Q,. An¬
derson, Boynton, Brown, Calhoun, Gignilliaft, Hardeman, Jack¬
son, McGahagan, Miller, Mitchell, Nickelson,. Reynolds, Rid¬
ley.
Those voting in the negative are Messrs. Allen, Thomas F.
Anderson, Beall, Broaddus, Chastain, Colley, Cone, Field, Hack-
ett, Hill, Hines, Jones, Kellogg, Kenan, John M. King, Wesley
King, Lee, Lewis, Long, Martin, McGreggor, Moody, Murphey,
Smead, Smith, Stell, Wilcox, Wofford.
So the amendment was lost.
Mr. Calhoun moved the indefinite postponement of the re¬
port of the Committee of the Whole, with the amendments—
which was agreed to.
The Senate then adjourned until 10 o'clock, to-morrow morn¬
ing.
FRIDAY, November 21, 1845.
The Senate met pursuant to adjournment.
On motion of Mr. Calhoun,
The Seriate agreed to reconsider so much of the journal of
yesterday as relates to fhe indefinite postponement of the bill to
incorporate the Coweta Falls Manufacturing Company.
Mr. Chastain, from the Committee on Enrollment, reported
as duly enrolled, and signed by the Speaker of the House of
Representatives, and ready for the signature of the President,
the following "bill, to wit:
An act to authorize Leonidas Franklin, Marcus A. Frank¬
lin arid Mary G. Franklin to construct a mill" dam across the
Etowah river, on the land belonging to either of them, in the
third district of the second section of now Cherokee.
Mr. Calhoun presented a petition of Mrs. N. F. Mitchell, pray¬
ing to have her father suitably interred at the Capitol, and a
substantial monument erected to his memory.
Which was read, and referred to a select committee consist¬
ing of Messrs. Calhoun, Ridley and Stell.
86
JOURNAL OF THE
Mr. Smead presented a petition from sundry citizens of Ma¬
rion county, praying a new county to be formed of the counties
of Talbot and Marion, and a portion of Stewart and Muscogee
counties be added to the county of Marion.
Which was read, and referred to a select committee consist¬
ing of Messrs. Smead, Calhoun and Boynton.
Mr. Hackett reported a bill-to alter and amend the third and
fifth sections of an act to incorporate the Memphis Branch Rail
Road and Steamboat Company of Georgia, passed on the 21st
December, 1839.
Which was read the first time.
Mr. Nickelson, from the select committee, reported a bill to
pardon William Burton.
Which was read the first time.
Mr. Broaddus reported a bill for the relief of H. T. Dickin,
of the county of Butts.
Which was read the first time.
Mr. Beall reported a bill to allow persons applying for a grant
or grants to reverted lots, under the act of 1843, to file an affi¬
davit of their intention to settle the lot applied for, and to give
preference to such applicants.
Which was read the first time.
Mr. Nickelson, from the select committee, reported a bill to
repeal all laws now in force which relate to the navigation of
the Oconee river, or the free passage of fish up it, above Mil-
ledgeville, to Barnett's Shoals, in Clark county, so far as the
same may prohibit the erection of dams across said river, for
milling or manufacturing purposes.
Which was read the first time.
Mr. Jackson offered the following preamble and resolutions:
Whereas, the settlement of many important questions will
devolve upon the session of Congress of 1845 and '46—among
them, the adjustment of the Tariff, and the perfecting of the an¬
nexation of Texas, stand forth pre-eminent—
And whereas, it is the right, as well as the duty of the Rep¬
resentatives of the people of this State to express their opin¬
ions upon these great national questions—questions also deep¬
ly and more peculiarly affecting the interest of the Southern
country—
1. Beit therefore resolved by the Senate and House of Rep¬
resentatives of Georgia, in General Assembly met, and it is
hereby resolved by the same, That the Tariff of 1842, approved
August 30th, 1842, embraces a system of unjust, unequal, and
oppressive taxation, and that a modification and reduction of
the same to a purely revenue standard, looking only to revenue,
are demanded by the people of this State, as acts of sheer and
necessary justice.
2d. Resolved, That the interest, happiness and honor of our
country require that the annexation of Texas be consumma-
senate.
87
ted forthwith, by such Congressional action as may remain to
be done for such object.
3d. Resolved, That his Excellency the Governor of Georgia
be, and he is hereby requested to transmit to each of our Sena¬
tors and Representatives, in Washington, a copy of these reso¬
lutions, that they may be placed before the two houses of Con-
.gress at an early period of the session.
On motion of Mr. Miller, fifty copies were ordered to be print¬
ed, for the use of the Senate.
The Senate took up, as a report of the Committee of the
Whole,
The bill to extend the corporate existence of the President,
Directors and Company of the Bank of Augusta, and to con¬
tinue in force certain acts of the General Assembly therein
mentioned.
Mr. Stell offered the following amendment:
And he it further enacted, That from the time this act shall
take effect, the total amount which the Bank shall at any time
owe, whether by note, bill, bond or other contract, shall not ex¬
ceed double the amount of its capital, (over and above the mo¬
nies then, actually deposited in the Bank for safe keeping;) and
that so much of the act, of which this is amendatory, as con¬
flicts with the provisions of this act be, and the same are hereby
repealed.
Mr. Miller moved to lay the amendment on the table, for the
balance of the session—which was lost.
The amendment was then agreed to.
Mr. Hackett proposed to amend, by adding the following
section:
Sec. 3. And he it further enacted, That the individual prop¬
erty of the stockholders in said Bank, shall be bound for the
ultimate redemption of the bills issued .by said Bank, in pro¬
portion to the number of shares held by them respectively—
and in case of a failure of said Bank, all transfers of stock made
within six months prior to a failure or refusal on the part of
said Bank to redeem its liabilities, in specie, when required,
shall be void, and the private property of the individual or indi¬
viduals transferring said stock, shall be liable for the redemp¬
tion of. the bills of said Bank, as above stated.
Which was agreed to.
Mr. Stell proposed to amend, by adding the following sec¬
tion:"
And be it further enacted, That each Branch or Agency of
this Bank now established, or which may be hereafter estab¬
lished, be and the same are hereby required to redeem their li¬
abilities with specie, upon presentation at their said Branches
Mor Agencies.
Mr. Kenan moved to strike outu their liabilities," and insert
M the bills and liabilities issued by said Branches."
88
JOURNAL OF THE
Which was agreed to.
Mr. Hardeman moved to amend the amendment, by striking
out the words " or Agency"—on which motion,
The yeas and nays were required to be recorded, and are-
yeas 20, nays 22.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Boynton, Brown, Calhoun, Chastain, Colley, Cone, Gignil-
liatt, Hardeman, Harris, Hill, Jackson, John M. King, Long,
McGahagan, Miller, Mitchell, Moody, Nickelson, Reynolds.
Those voting negatively are Messrs. Wm. Q,. Anderson,
Beall, Broaddus, Field, Hackett, Hines, Holderness^ Jones,
Kellogg, Kenan, Wesley King, Lee, Martin, McGreggor, Mur-
phey, Ridley, Smead, Smith, Stell, Whitfield, Wilcox, Wof-
ford.
So the motion was lost.
Mr. Martin moved to amend the amendment, by adding the-
following words
And that all bills issued by,the Branches, shall be converti¬
ble into specie, on presentation "at the mother Bank—which was
agreed to.
The amendment, as amended, was then agreed to.
The report, as arfiended, was agreed to—the bill was read
the third time, and passed.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk
Mr. President—The House of Representatives have passed
the following bill, to wit:
A bill to alter and amend the several aets of this' State in re¬
lation to itinerant traders, and to prescribe the mode of their, ob¬
taining license.
The Senate took up, as the report of the Committee of the
Whole,
The bill to add Levi Phillips and his premises, now in the
county of Campbell, to the county of Coweta.
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 23, nays 18.
Those voting, in the affirmative are Messrs. Thomas F. An¬
derson, Beall, Broaddus, Brown, Chastain, Colley, Cone, Field,.
Hackett,Hill, Jackson, Jones, Kellogg, John M.King, Lee, Mar¬
tin, McGreggor, Murphey, Smith, Stell, Whitfield, Wilcox,
Wofford.
SENATE.
89
. Those voting in the negative are Messrs. Wm. Q,. Anderson,
Boynton, Calhoun, Gignilliatt, Hardeman, Harris, Hines, Ken¬
an, Wesley King, Long, McGahagan, Miller, Mitchell, Moody,
Nickelson, Reynolds, Ridley, Smead.
So the bill was passed.
The Senate took up,-us a report of the Committee of the
Whole,
A bill to incorporate the Fire Company of the city of Colum¬
bus, to be known by the name and style of the Columbus En¬
gine Company Number Two.
The report was agreed to—the bill was read the third time,
and passed.
The Senate took up, as a report of the Committee of the
Whole,
A bill to authorize the grant to lot of land number ninety-
four, in the fifth district and third section of originally Chero¬
kee, now Cass county, to Stephen Ellis, the drawer thereof, on
the payment of the grant fee into the Treasury of the State of
Georgia.
* The report was agreed to—the bill read the third time, and
passed.
On motion of Mr. Murphey, the Senate took up and agreed
to the report of the select committee reporting this bill.
"Mr. Chastain, from the Committee on Enrollment, reported as
duly enrolled, and ready for the signature of the President,
A resolution (unanimous,) to change the caption of the act
to declare Henry George Oliver, Serliter, (formerly Oliver,
now) the wife of James Fraser—Margaret, (formerly Oliver,
now) the wife of James Young, Jr., and Samuel Elliott Oli¬
ver, legitimate, and to entitle them to all the rights and privile¬
ges of distributees and heirs at law of George Oliver and Sa¬
rah Ann Wilson, .and for-other purposes.
Also a bill duly enrolled, and signed by the Speaker of the
House, and' ready for the signature of the President, entitled
An act to authorize Alpheus Baker, Junr., of the county of
Stewart, and other persons therein named, to plead and practice
law in the different courts of law and equity in this State, on
certain conditions therein named.
The Senate took up, as the report of the Committee of the
Whole,
The bill to amend the several acts heretofore passed, and now
of force, incorporating and relating to the Central Rail Road
and Banking Company of Georgia, and to authorize the said
Company to continue and extend its Rail Road from the coun¬
ty of Bibb to the Chattahoochee river, at or near the city of
Columbus.
Mr. Jackson moved to amend the first section, by inserting
after the words "from the county of Bibb," the words "com-
12*
90
journal of the
mencing such extension of Road on the West side of the Oc-
mulgee river, within half a mile of the court house in Macon."
Which was agreed to.
Also to strike out " near the city of Columbus," and insert
" adjoining the city of Columbus."
Which was agreed to.
Mr. Hardeman moved as a proviso to the second section, the
following:
Provided, That if the said extended Rail Road, hereby au¬
thorized, shall cross a private Road, the Company shall permit
the use of such private way across the Road, in such manner
as not tof obstruct the Rail Road—and if it be necessary to such
enjoyment of the private way, to build a bridge, the Company
shall build it, and keep it up.
Which was agreed to.
Mr. Stell moved to strike the word " eighteenth" out of the
2d section—which was agreed to.
On motion of Mr. Hackett, the bill and amendments were
laid on the table for the present.
The Senate took up, as the report of the Committee of the
Whole,
The bill to authorize the Justices of the Inferior Court of
Wilkinson county to retain the taxes of said county for the year
1846, to enable said county to build a court house and jail.
And on motion of Mr. Wesley King, was referred to the
Committee on Finance.
The following communication was received from his Ex¬
cellency the Governor, by Mr. Anderson, his Secretary:
And on motion of Mr. Calhoun, was taken, up, read, and re¬
ferred to the Committee on Finance:
Executive Department, ^
Milledgeville, November 21st, 1845. ^
In the first message which I had the honpr to lay before the
present Legislature, I took the occasion, in speaking of the debt
due to Messrs. Reid, Irving & Co., to say that an enquiry had
been made in reference to the execution of the law of 1843, in
relation to the early payment of these indulgent creditors of the
State by a contemplated loan, and the result, when known,
woujd be communicated to you. It is my duty to state that
the negotiation has failed, though I feel pleasure in saying,
that the proposition, at my instance, relative to the rate of ex¬
change, in case New York, in the stead of London, should be
the place of payment, has- been cheerfully extended to the last
of June next.
In view of the character of this debt, and the forbearance ot
Messrs. Reid, Irving <fc Co., unaided by other considerations af¬
fecting our public credit, Georgia has every inducement for its
SENATE.
91
prompt settlement. I beg leave respectfully to refer to ftie
terms of the contract, which may be briefly stated, as follows :
In 1839, Messrs. Reid, Irving & Co. advanced $449,888 73
oh the bonds of Georgia, at the rate of nine-tenths of their nom¬
inal value, on condition that the bonds were to be sold, and they
be reimbursed by the- proceeds of such sale. Immediately
thereafter, all American securities fell in the foreign and domes»
tic markets. Messrs. Reid, Irving & Co., however, from con¬
venience or necessity, effected a sale of £15,000 of the bonds
thus pledged, and gave notice to the Executive of the State,
who objected to any future sale, unless at the full price of the
advance. In this Messrs. Reid, Irving & Co. acquiesced, as the
terms demanded were higher than the bonds would bring in
the London market. As you have been informed, the interest,
and a part of the principal, have been paid to these gentlemen
in some sort, our creditors, by compulsion, who have ever urged
that the amount of their advance might be repaid. I take this
occasion to say, that the £15,000 above referred to, was casu¬
ally omitted in the estimate of the public debt of the State.
The amount as owing to Messrs. Reid, Irving & Co., was cor¬
rectly stated. To the committee who examined, last year, into
the finances of the State, the entire sum due on sterling bonds
was reported, and. by whose report (already before you,) the
omission might have readily been perceived.
GEO. W. CRAWFORD.
<
The Senate took up, as the Report of the Committee of the
Whole,
A bill to provide for the service of original process upon
corporations.
The report 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 a Committee of the Whole :
A bill to repeal an act entitled an act to incorporate the town
of Davisville, in the county of Pike, and to appoint Commis¬
sioners for the same, and other purposes therein mentioned,
assented to the 8th day of December, 1841.
A bill to incorporate the Flint River Steamboat Company.
A bill for the relief of James W. Reeve.
A bill to alter and amend the laws of Georgia so far as relates
to the selecting Jurors, in certain cases.
A bill to add the county of Houston to the Southern Cir¬
cuit.
A bill to incorporate the Proprietors of the Augusta Canal,
and to confirm certain Ordinances of the City Council of Au¬
gusta, therein mentioned.
And on motion of Mr. Stell, fifty copies were ordered to
be printed for the use of the Senate.
92
journal of the
On motion of Mr. Cone,
Mr. Chastain was added to the Military Committee.
On motion of Mr. Hackett,
Mr. Miller was added to the Committee on the Judiciary.
On motion, the order was suspended, and
Mr. Miller reported a bill to amend and make certain the
provisions of an act passed on the 30th Deer., 1836, to incorpo¬
rate the Middle Branch Rail Road Company.
Which was read the first time.
On motion, the Senate adjourned until 10 o'clock, to-morrow
morning.
SATURDAY, November 22, 1845.
The Senate met pursuant to adjournment.
Mr. Calhoun reported a bill to incorporate the Ladies' Edu¬
cation and Benevolent Society of the Methodist Episcopal
Church, of the city of Columbus, and to vest in said ' Society
certain lots therein designated.
Which was read the first time.
Mr. Miller offered the following resolution:
Resolved by the Seriate and House of Representatives of the
State of Georgia, That in the opinion of this General Assem¬
bly, the Comptroller General and Treasurer are entitled^ as per¬
quisites, to the fees received on issuing licenses to pedlers, un¬
der the act of' 23d December, 1839.
Mr. Miller also offered the following resolution, which was
taken up, read, and agreed to:
Resolved, That the Secretary of State be requested to inform
the Senate what portions of the public records of his office are
incomplete, and what evidence there exists by which they may
be completed, and how long'they have been incomplete.
Mr. Miller reported the following bills :
A bill to alter and amend the eleventh section of the tenth
division of the Penal Code.
Which was read the first time.
A bill to be entitled an act in relation to proceedings to re¬
cover debts not due.
Which was read the first time.
Also a bill in relation to insolvent debtors.
Which was read the first time.
Also a bill in relation to affidavits of illegality.
Which was read the first time.
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93
The following message was received from his Excellency
the Governor, by Mr. Steele, his Secretary :
Mr. President—His Excellency the Governor has appro¬
ved and signed the following acts:
An act to authorize Leonidas Franklin, Marcus A. Franklin,
and Mary G. Franklin, to construct a mill dam across the
Etowah river, on the land belonging to either of them, in the
third district of the second section of now Cherokee.
An act to authorize Alpheus Baker, Jr., of the county of Stew¬
art, and other persons therein named, to plead and practice law
in the different courts of law and equity of this State, on cer¬
tain conditions therein named.
An act to declare Henry George Oliver, Seliter, formerly
Oliver, now the wife of James Fraser, Margaret, formerly Oli¬
ver, now the wile of James Young, junior, and Samuel Elliott
Oliver, legitimate, and to entitle them to all the rights and privi¬
leges of distributees and heirs at law of George Oliver and
Sarah Ann Wilson, and for other purposes.
And has directed me to return the same to the Senate.
Mr. Stell offered the following resolution, which was taken
up, and agreed to:
Whereas, numerous documents, of considerable importance
to the Senate, have been ordered to be printed—and whereas,
the third week of the session closes to-day, and some of the
most important of those documents have not yet been laid be¬
fore the ^Senate—
Therefore be it resolved, That the Committee on Printing be
directed1 to enquire into this abuse, and report upon this subject
to the Senate at their earliest convenience.
Mr. Hardeman reported a bill to alter and amend the several
acts in relation to the Monroe Rail Road and Banking Compa¬
ny, to change the name of said Company, and for other pur¬
poses—which was read the first time.
Mr. Ridley reported a bill to grant John Douglass, Benjamin
B. Amoss, Jesse McLendon, Philip H. Greene, Sherwood F.
Culberson, John P. Culberson, and Sherwood W. Swanson,
the right'to construct a Rail Road from LaGrange, Troup coun¬
ty, to some point on the Chattahoochee river, at or near West
Point.
v Which was read the first time.
Mr. Lewis offered the following preamble and resolutions:
Whereas, the facilities afforded for transportation by the Geor¬
gia Rail Road, now completed to Atlanta, in the county of De-
Kalb—of the Central and Monroe Rail Road to the same place,
now completed, and in progress of completion, together with
the Western and Atlantic Rail Road, which connects (and will
connect) with the foregoing, at the same place—
And whereas, in view of the abundance and cheapness of the
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JOURNAL OF THE
means of subsistence now afforded by the western counties of
Georgia, with their capabilities of increased production to an
almost indefinite extent—
And whereas, a very large amount of Pig and Wrought Iron
is now produced, within a few miles of the Western and At¬
lantic Rail Road, in the county of Cass, and preparations are
now making for a greatly increased production—
And whereas, there is immense quantities of the finest tim¬
ber, and other materials for manufacture, along th,e course of
all the said Roads, particularly of timber on the Oostanaulla
river and its tributaries, near to which river the Western and
Atlantic Rail Road is now completed and in progress of com¬
pletion—
Be it therefore resolved, That the Committee 011 the Peniten¬
tiary be requested to report upon the propriety of taking incipi¬
ent steps, at an early day, for the future removal of the Peni¬
tentiary of the State of Georgia, to or near to Atlanta, in the
county of DeKalb, or some other point, still higher up, on the
course of the Western and Atlantic Rail Road.
On motion of Mr. Jackson, - ^
The resolutions offered by himself, with reference to a reduc¬
tion of the Tariff and the Annexation of Texas, were taken
up, and made the special- order for Thursday, Dec. 4th.
The Senate took up, as the report of the Committee of the
Whole,
A bill to repeal an act entitled an act to incorporate the town
of Davisville, in the county of Pike, and to appoint Commis¬
sioners for the same, and other purposes therein mentioned, as¬
sented to the 8th of Deer., 1841.
The report was agreed to—the bill was read the third time,
and passed.
The Senate also took up, as the report of the Committee of
the Whole,
A bill for the relief of James W. Reeve.
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,
A bill to alter and amend the laws of Georgia, so faf as re¬
lates to the selecting Jurors in certain cases.
Which, on motion of Mr. Miller, was referred to the Commit¬
tee 011 the Judiciary.
The Senate took up, as the report of the Committee of the
Whole,
The bill to amend the several acts heretofore passed and now
of force incorporating and relating to the Central Rail Road and
Banking Company of Georgia, and to authorize the said Com¬
pany to continue and extend its Rail Road from the coun¬
ty of Bibb to the Chattahoochee river, at or adjoining the
city of Columbus.
SENATE.
95
Mr. Jackson moved to amend the second section, by inserting
between the words " sixteenth and nineteenth," the words, " so
much of the 18th section as relates to the power of municipal
corporations."
Which was agreed to.
- Mr. Stell offered the following as an additional section, to
come in between the ninth and tenth sections:
And be it further enacted, That the private property of the
stockholders shhll be jointly and severally bound for all the li¬
abilities of said Company, and in the event of the failure of
said. Company, tfien, and in that case, all transfers of stock
made within twelve months prior to the same, shall be held and
deemed fraudulent, and the private property of those making
such transfers, shall be held bound and liable, as though the
transfer or transfers had not been so made.
Mr. Cone offered the following as an amendment, by way of
substitute, to the amendment:
And be it further enacted, That the persons and property of
said stockholders shall be pledged and bound, in proportion to
the amount or the value of shares that each individual or com¬
pany subscribes for, or holds in said Company, for the ultimate
redemption of all debts of said Company, in the same manner
as in common commercial cases, or simple action of debt.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have passed
the following bills, to wit:
A bill to exempt James Murry, a cripple, of the county of
Telfair, Mrs. Nancy- Lightfoot, of Bibb county, Magnus A.
Brooks!, of 'Jackson county, and R. N. Tillman, of the county
of Talbot, from the Several provisions of the actsi of the Gener¬
al Assembly concerning pedlers, and to authorize them to en¬
gage in that business without license.
A bill to alter the time of holding the Inferior Courts of the
county of Telfair, in the Southern Circuit.
A bill to extend the time for taking out grants for lands here¬
tofore surveyed on head rights and bounty warrants.
A hill for the relief of Samuel F. Jones, James W. Cunning¬
ham, and William Underwood.
On motion of Mr.'Kenan,
The report and amendments were laid on the table, and made
the special order for Tuesday next.
On motion, the Senate adjourned until 10 o'clock Monday
morning.
96
journal of the
MONDAY, November 24,1845.
The Senate met pursuant to adjournment.
Mr. Hackett reported a bill to add lots of land numbers fif¬
ty-five, of the fifth district and fourth section, and thirty-nine,
of the fifteenth district and fourth section, of the county of
Chattooga, to the county of Floyd, and to change the residence
of certain persons therein named—which was read the first
time.
Mr. Wofford reported a bill to authorize the Sheriffs of the
counties of Rabun, Habersham and' Hall to advertise their
sales in the public gazette at Dahlonega—which was read the
first time. '
Mr. Harris reported a bill for the relief of Elisha Burson,
tax collector of the county of Warren—which was read the
first time.
Mr. Smead reported a bill amendatory of an act incorpora¬
ting the Talbot Guards, a volunteer copipany in the county of
Talbot, assented to 7th December, 1841, which was read the
first time.
Mr. Jones reported a bill to authorize the Justices of the In¬
ferior Court of the county of Lowndes to appoint Commission¬
ers to make titles to lots sold in said county, and to sell unsold
lots, which was read the first time.
Mr. Miller reported a bill to be entitled an act to explain the
tenth section of an act passed on the 18th December, 1792, en¬
titled an act to protect the estates of orphans, &c., which was
read the first time.
The Senate took up the following communication from his
Excellency the Governor, which was read, and on motion of
Mr. Miller, referred to the joint standing Committee on the Peni¬
tentiary : ,
Executive Department, ?
Milledgeville, November 22d, 1845. $
In answer to a resolution of the Senate which requested
that this Department would give a statement of the amount of
debts paid for the Penitentiary in the years 1844 and 1845,
showing the names of all persons, holding such demands, the
amount of each debt, and when they fell due; also, showing
what amount of debts are yet unpaid, if any, against such in¬
stitution, by whom made, and when they fell due, I have the
honor to say, that it is presumed the object of the resolution
was intended to ascertain the number, amount, dates, &c., of
the debts due by the Penitentiary antecedent to the first day of
January, 1844, which were partially paid under the act of
1843, that appropriated $32,000 for that purpose. The accom¬
panying table shows the payees of each debt, the date when
•SENATE.
97
contracted and matured, the amount paid, and when, and to
whom. Between the approval of the act of appropriation
above stated and the last payment, when the entire amount was
exhausted, a very brief interval occurred. Indeed, it was soon
discovered that the appropriation was • wholly insufficient to
meet the demands against the Penitentiary; and with the in¬
tention of doing equal justice to all creditors of the institution,
it was determined to pay only the .principal of each demand.
In the absence of regular Books of the then Inspector, and, as
it is thought, of his predecessors, since the origin of the Peni¬
tentiary, the precautionary measure was adopted not to pay
any claim unless the same' had been previously certified by
that officer. After the appropriation of 1843 had been ex¬
hausted at the Treasury, it was deemed proper that the claims
which had been partially paid should be placed under the con¬
trol of the officers of the Penitentiary, so as to avoid double
payment. I have called upon the Principal Keeper to report
upon the balance due upon these claims, as well as the amoimt
of debts reported at the Penitentiary, not included in the list of
those in part paid at the Treasury, the amount paid thereon, and
the amount of indebtedness of the institution, created since the
first of January, 1844. I herewith lay it before the Senate.
A summary of the indebtedness of the Penitentiary, as as¬
certained, as well as the payments made thereon, may be stated
as follows :
Paid at the Treasury, - $32,000 00
Paid at the Penitentiary, since first January, 1844,
and contracted before that date, - - 8,11711
Unpaid on 22d November, 1845, and contracted
before the 1st January, 1844, - - 25,463 63
Total, - $65,580 74
The amount due on contracts made, since the 1st of January,
1844, to this date, is $2,529 27-—whereof only $127 38 are
past due, but whose payment has not been demanded.
GEO. W. CRAWFORD.
The following resolution was offered by Mr. John M. King :
Resolved, That the Reporter of the Savannah Republican
having in his report of the proceedings of this body employed
language disrespectful and insulting to the minority of the
Senate who voted against the bill for the establishment of a
Supreme Court for the Correction of Errors, it is ordered that
he be permitted no longer to remain within the Senate Cham¬
ber, during the present session of the Senate.
On motion of Mr. Miller, the Senate, took up and agreed to
the following resolution, offered by himself:
13
98
JOURNAL OF THE
Resolved, That hereafter 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 residence of citizens, without the written application of the
person whose name or residence is proposed to be changed, or
whose reputed children are proposed to be legitimatized; and
that this resolution be entered as one of the standing rules of
Senate.
On motion of Mr. Broaddus, the following resolution was
taken up and agreed to :
Resolved, That his Excellency the Governor be requested
to transmit to the Senate, as soon as practicable, a statement of
the census returns recently made from the several counties of
this State.
On motion of Mr. Calhoun, the Senate took up the follow¬
ing resolutions, offered by himself, to wit:
Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That the State of
Georgia should be divided into two Judicial Districts.
2d. Resolved, That our Senators be directed, and our Rep¬
resentatives in Congress be requested to have a latv passed in
Congress laying off two Judicial Districts in the State of
Georgia.
Resolved, That his Excellency be requested to transmit the
foregoing resolutions to our Senators and Representatives in
Congress.
Mr. Miller moved to strike out the word " directed1*—which
was carried. 1
The resolutions, as amended, were then agreed to.
Mr. Whitfield reported a bill for the relief of John J. Hamil¬
ton, receiver of tax returns for the county of Pulaski, for the
year eighteen hundred and forty-five, which was read the first
time.
The following message was received from the House of
Representatives, by Mr. Word, their Clerk :
Mr. President—The House of Representatives have passed
the following bills, to wit:
A bill to repeal an "act compensating the Grand and Petit
Jurors for the counties of Habersham and Franklin, so far as
relates to the county of Habersham, assented to 23d Decem¬
ber, 1837.
A bill to reduce the Sheriffs' bond in this State, so far as
relates to the county of Hall.
A bill to amend the laws of this State requiring the build¬
ers of public bridges to give bond and security for keeping in
repair the same, so far as relates to the county of Upson.
SENATE.
99
A bill to provide for the introduction in evidence, of certain
copy executions, in certain cases therein defined.
A bill to repeal an act entitled an act to compensate' one of
the Justices of the Peace who may be a superintendent of the
elections held at the several election precincts in the counties of
Floyd and Walker, assented to on the 18th day of December,
1834.
A bill to authorize the Justices, of the Inferior Court of Pike
county to levy an extra tax on the citizens of said county, for
the purpose of paying the Petit Jurors of said county.
A bid for the relief of Sarah Walton, of the county ot
Harris.
A bill to compel the superintendents of elections Y ve\ff. for
Governor, Members of Congress, Senators and Represr natives
in the State Legislature, to file in the office of the Ck
Superior Court one list of the voters at said election
A biU to alter and amend an act to guard anf ^ pM)tect the
citizens of this State against the unwarrantable a> il(^00 preva¬
lent use of deadly weapons, passed on the 25 Decembei'
1837, '' 1
A bill "to alter and amend the 4th section of an gct
an act to. prescribe the maimer of holding elec* jons at e ltle(*
ral election districts in the several counties of this State ° S^Je'
punish those who may defeat or violate. th< 3 election I E t(l.
force in this.State, approved December 23d, 1831. aws of
A bill for the relief of 'William P. Rem! jert, of Oglethorpe
A bill to authorise the Justices of the Inferior Court of th
county of Marion, and other comities therein named or a m
jority, of them, to examine the insolvent lists of the tax CoT
lectors of said counties. - - P
A bill to amend an act to incorporate the Fire Companv of
the city of Columbus, to, be known by the name and stvle of
the Columbus: Fire Company Number One, assented to 28th
December, 1843. ■ 1
On motion of Mr. Calhoun,
res°lved itself into a Committee of the Whole
on the bill for the protection and preservation of the riahts
and property of married women/' Mr. Wofford in the Chair •
and after spending some, time therein, the" Committee rose and
reported the bill to the Senate with amendments. -And on mo-
tion, the Senate took up the report of the Committee of the
Whole by sections. . ,
The report was agreed to by sections; the bill was read the
third time, and oil the question "shall this bill now pass" the
yeas and nays were required to be recorded, and are—veas
23, nays 20. * *
Those voting affirmatively are Messrs. Allen, Brown, Cab
100
JOURNAL OF THE
houn, Gignilliatt, Hardeman, Hines, Kellogg, Kenan, John M.
King, Wesley King, Lee, McGahagan, McGreggor, Miller,
Mitchell, Murphey, Nickelson, Reynolds, Ridley, Smead, Stell,
Whitfield, Wilcox.
Those voting negatively are Messrs. Thomas F. Anderson,
William Q,. Anderson, Beall, Boynton, Broaddus, Chastain,
Colley, Cone, Field, Hackett, Harris, Hill, Holderness, Jack¬
son, Jones, Lewis, Long, Moody, Smith, Wofford.
Mb*. Martin was excused from voting.
So the bill was passed.
The following bills were taken up and read the second time,
and referred to a Committee of the-Whole :
A bill to incorporate the Gregg Manufacturing Company, in
the State of Georgia.
A bill to repeal all acts and parts of acts establishing a
bridge and toll-gate over Ebenezer creek, in Effingham county,
and for other purposes therein named.
A bill to amend an act authorizing the establishing of the
Southern Botanic Medical College of Georgia, so as to author¬
ize the Board of Trustees of said College to remove.it to the
city of Macon whenever in their judgment it shall appear to
said Board expedient or conducive *to the interest of said Insti¬
tution.
A bill to change the mode of compensating Grand and Petit
Jurors of the county of Jackson, and to repeal all laws mili¬
tating against the same.
A bill to provide for the distribution of the estate of David
Myrick, of Putnam county, an insane person.
A bill to change the place of holding the justices' courts of
the 26th militia district of Glynn county,
A bill to incorporate the Augusta Manufacturing Com¬
pany.
A bill for the relief of Diana Hester's estate.
A bill to alter and amend an act„ assented to on the 26th
day of December, 1838, to authorize the business of Banking,
and to regulate the same.
A bill to compel all persons resident in the county of Cam¬
den, in the State of Georgia, to give in and pay the tax upon
the taxable property which they hold, in said comity.
A bill to alter and amend the third and fifth sections of an
act to incorporate the Memphis Branch Rail Road and Steam¬
boat Company of Georgia, passed on the twenty-first Decem¬
ber, 1839.
A bill to pardon' William Burton.
A bill for the relief of H. F. Dickens, of the county of
Butts.
A bill to allow persons applying fpr a grant or grants to re-
SENATE.
101
verted lots, under the act of 1843, to file an affidavit of their
intention to settle the lot applied, for, and to give preference to
such applicants.
A hill to repeal all laws now in force which relate to the
navigation of the Oconee river, or to the free passage of fish
up it, above Milledgeville, to Barnett's Shoals, in Clark county,
so far as the same may prohibit the erection of dams across
said river, for milling or manufacturing purposes.
A bill to amend and make certain the provisions of an act
passed on the 30th Deer., 1836, to incorporate the Middle
Branch Rail Road Company.
A bill to incorporate the Ladies' Education and Benevolent
Society of the Methodist Episcopal Church, of the city of
Columbus, and to vest in said Society certain lots therein de¬
signated.
A bill to alter and amend the eleventh section of the tenth
division of the Penal Code.
A bill in relation to proceedings to recover debts not due.
A bill in relation to insolvent debtors.
A bill in relation to affidavits of illegality.
A bill to alter and amend the several acts in relation to the
Monroe Rail Road and Banking Company, to change the name
of said Company, and for other purposes.
A bill to grant John Douglass, Benjamin B. Amoss, Jesse
McLendon, Philip H. Greene, Sherwood' F. Culberson, John
P. Culberson, and Sherwood W. Swanson, the right to con¬
struct a Rail Road from LaGrange, Troup county, to some point
on the Chattahoochee river, at or near West Point;
The following bill was taken up and read the second time,
and on motion of Mr. Miller, was referred to the'Committee on
Finance:
A bill to authorize the. investment of trust funds in State
stocks, or other State securities, to provide for the sale or dis¬
position thereof, and to exempt the same from taxation.
The Senate took up the following bills of the House of Rep¬
resentatives, which were read the second time, and referred to
the Committee of the Whole
A bill to change the times of holding the Superior Courts of
the county of Baldwin.
A bill to repeal an act entitled an act to consolidate the offices
of Receivers and Tax Collectors in the counties of Lumpkin,
GilmOr, Tattnall, Union, Pulaski, Telfair, Walker, Cherokee,
Early, Rabun, Floyd and Paulding, assented to December 25th,
1837, so far as relates to the counties of Lumpkin and
Walker.
A bill to authorize John R. Bowman, of the county of Greene,
to plead and practice law in the several courts of law and equi¬
ty in this State, and to prescribe his. liability touching the
same.
102
JOURNAL OF THE
A bill to prevent wards from having to pay commissions up¬
on their estates to more than one guardian.
The following bills of the House of Representatives were?
taken up and read the first time:
A bill for the relief of Samuel F. Jones, James W. Cunning¬
ham, and William Underwood.
A bill to extend the time for taking out grants for lands here¬
tofore surveyed on head rights and bounty warrants.
A bill to exempt James Murry, a cripple, of the county of
Telfair, Mrs. Nancy Lightfoot, of Bibb county, Magnus A.
Brooks, of Jackson county, and R. N. Tillman, of the county
of Talbot, from the several provisions of the acts of the Gener¬
al Assembly concerning pedlers, and to authorize them to en¬
gage in that business without license.
A bill to alter the time of holding the Inferior Courts of the
county of Telfair, in the Southern Circuit.
A bill to alter and amend the several acts of this State in re¬
lation to itinerant traders, and to prescribe the mode of their ob¬
taining license.
A bill to authorize the Justices of the Inferior Court of the
several counties in this State to contract for the building of pub¬
lic bridges, and give them discretionary powers in relation to
the same.
A bill to change the line between the counties of Haber¬
sham and Hall, so as to add lot No. 24, in the second district of
the county of Habersham, to the comity of Hall..
A bill to change the time of holding the Superior Courts of
the county of Wilkes.
A bill fo change the name of Maria Ellen Allen to that of
Mafia Ellen Chapman, and to legitimatize the same.
A. bill to authorize his Excellency the Governor to furnish
arms and accoutrements to volunteer corps in the State.
A bill to reduce the Sheriffs' bonds of this State, so far as
relates to the county of Gilmer, and to regulate the mode of
taking the same.
A bill to amend an act to incorporate the Fire Company of
the city of Columbus, to be known by the name and style of
the Columbus Fire Company Number One, assented to De¬
cember 28th, 1843.
A bill to authorize the Justices of the Inferior Court of the
county of Marion, and other counties therein named, or a ma¬
jority of them, to examine the insolvent list of the tax collectors
of said counties.
A bill for the relief of William P. Rembert, of Oglethorpe
county.
A bill to alter and amend the 4th section of an act entitled
an act to prescribe the manner of holding elections at the seve-
SENATE.
103
ral election districts in the several counties of this State, and to
punish those who may defeat or violate the election laws ©f
force in this State, approved December 23d, 1831.
A hill to alter and amend an act to guard and protect the
citizens of this State against the unwarrantable and too preva¬
lent use of deadly weapons, passed on twenty-fifth December,
1837.
A hill to compel the superintendents of elections held for
Governor, Members of Congress, Senators and Representatives
in the State Legislature, to file in the office of the Clerk of the
Superior Court one list of the voters at said election.
A bill for the relief of Sarah Walton, of the county of
Harris. '
A bill to repeal an act entitled an act to compensate one of
the Justices of the. Peace who may be a superintendent of the
elections held at the several election precincts in the counties
of Floyd and Walker, assented to on the ISth day of Decem¬
ber, 1834.
A bill to provide for the introduction in evidence of certain
copy executions, in certain cases therein defined.
A bill to amend the laws of this State requiring the builders
of •'public bridges'to give bond and security for keeping in re¬
pair the same, so. far as relates to the county of Upson.
A bill to repeal an act compensating the Grand and Petit
Jurors for the counties of Habersham and Franklin, so far as
relates to the county of Habersham, assented to 23d Decem¬
ber, 1837.
A bill to reduce the Sheriffs' bond of this State, so far as re¬
lates to the county of Hall.
A bill to authorize the Justices of the Inferior Court of Pike
county to levy an extra tax on the citizens of said county, for
the purpose of paying the Petit Jurors of said county.
On motion, Mr. Hardeman had leave of absence for a few
days.
On motion of Mr. Miller, the Senate took up the following
resolution, offered by himself, and agreed to the same:
Resolved by the Senate and House of Representatives of the
State of Georgia, That in the opinion of this General Assem¬
bly, the Comptroller General and Treasurer are entitled, as per¬
quisites, to the fees received on issuing licenses to pedlers, un¬
der the act of 23d December, 1839.
On motion, the Senate adjourned until 10 o'clock, to-morrow
morning.
104
JOURNAL OF THE
TUESDAY, November 25, 1845.
The Senate met pursuant to adjournment.,
Mr. Hackett moved to reconsider so much of the jour¬
nal of yesterday, as relates to the passage of the bill to protect
and preserve the rights and property of married women, &c.
Upon which motion, the yeas and nays were required to be
recorded, and are—yeas 18, nays 24.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Wm. Q,. Anderson, Beall, Boynton, Broaddus, Chastain,
Colley, Cone, Field, Hackett, Harris, Hill, Holderness, Jones,
Lewis, Long, Smith, Wofford.
Those voting negatively are Messrs. Allen, Brown, Calhoun,.
Gignilliatt, Hines, Jackson, Kellogg, Kenan, John M. King,
Wesley King, Lee, McGahagan, McGreggor, Miller, Mitchell,.
Moody, Murphey, Nickelson, Reynolds, Ridley, Smead, Stell,
Whitfield, Wilcox.
So the Senate refused to reconsider.
On motion of Mr. Thomas F. Anderson,
The Senate reconsidered so much of the journal of yester¬
day as relates to the agreeing to a resolution granting certain
perquisites to the Treasurer and Comptroller General—and,
On motion of Mr. Miller, it was referred to the Committee-
en the Judiciary.
The following communication was received from the Secre¬
tary of State ::
Secretary of State's Office, Georgia, )
Milledgeville, Nov. 24th, 1845. $
To the Hon. President, and
Members of the Senate :
In answer to the resolution of Senate, agreed to on the 22d
inst., calling upon the Secretary of State to inform that body
"what portions of the public records of his office are incomplete,
and what evidence exists by which they may be completed,
and how long they have been incomplete," the undersigned has.
the honor respectfully to state, that he finds in his office two-
books containing the record of grants to fractional surveys in
the counties of originally Walton, Gwinnett, Hall', Habersham,
Rabun, Early, Irwin, Appling and Telfair, sold and disposed of
under the provisions of an act of the General Assembly, pass¬
ed 22d December, 1820, in which records the names of the pur¬
chasers are omitted.
By the provisions of the act referred to, the Governor was
required to have plats and grants for all the fractional surveys.
senate.
105
in the above mentioned counties, made out and placed in the
hands of the Commissioners appointed to sell and dispose of
them, leaving the name of the purchaser or grantee, blank—
which the Commissioners were required to fill up and deliver
to the purchaser, as the evidence of his title.
The Commissioners were required to make a return of their
actings and doings to the succeeding Legislature, and the then
Secretary of State and Surveyor General, were required to in¬
sert the names of the purchasers in the record of such plat and
grant remaining in their respective offices.
. But as the Commissioners were only required to report to
the Legislature, and not to the Executive officers, the Secretary
of State and Surveyor General could have 110 evidence upon
which to complete their records, without subsequent Legisla¬
tive authority, which authority has never been given. The
consequence is, that where the original grant has been lost or
mislaid, neither the first' purchaser, nor those holding under
him, has the meaps of procuring such evidence of title as would
be recognized by our Courts.,
The sales book of the Commissioners for the counties of Wal¬
ton, Gwinnett, Hall, Habersham and Rabun, containing the
names of the purchasers of fractions in those counties, I have
found in the Treasurer's office. That containing an account
of the sales in the other counties, has not, after difigent search,
been found. It may, however, upon future examination, be
found either in the Treasury or Central Bank.
In addition to the above, there may be some copies of old
grants, to which the names of the Governors have not been
signed in their transcription. I have also discovered the like
omission in the registry of a few of the lottery grants of more
recent date.
It is respectfully submitted, whether it would not be better,
by Legislative enactment, at the present session, to make pro¬
vision, not only for the cases enumerated, but for all or any
which may hereafter be discovered.
N. C. BARNETT,
Sec'y. of State.
The following communication was received from his Excel¬
lency the Governor, was taken up, read and on .motion of Mr.
Calhoun, was referred to the Committee on the Judiciary:
Executive Department, ?
Milledgeville, Novr. 24th, 1845. )
Notice has been given to this Department, by Mr. Robert R.
Williams, one of the securities of the Treasurer, Mr. James
Young, of the fund appropriated for the improvement of the
navigation of the Great Ogeechee river, under an act of the
Legislature, passed on the 24th day of December, 1833. I re¬
spectfully invite the attention of the General Assembly to this
14*
106
journal of the
subject in its general aspect, and recommend that a law be
enacted which may either hold the securities on public bonds
as bound until the performance of the conditions thereof, or
what appears, in my opinion, as being more just and equita¬
ble, that authority be given to release the securities, by requir¬
ing the principal to substitute, within a prescribed period, an¬
other in the place of him who may be so released. *
GEO. W. CRAWFORD.
The following communication from his Excellency the Gov¬
ernor, was taken up and read :
Executive Department, )
Nov. 25, 1845. \
In complying with the resolution of the Senate requesting the
several digests of the Census taken during the present year, to
be laid before it, I beg leave to invite attention to the fourth sec¬
tion of the act of 1843, in relation to this subject. The returns
which are herewith transmitted, are required to be laid before
the General Assembly, and as they are incapable of division,
it would seem that the House of Representatives is equally in¬
terested in any preliminary action on them. Such, in my opin¬
ion, is the proper construction of the act referred to, and I now
respectfully suggest, as the Senate has the possession of the di¬
gests, whether early notice thereof may not, with propriety, be
given to the other branch of the General Assembly. Certainly,
a requisition of like character by the House of Representatives,
would render compliance beyond the power of this Depart¬
ment. GEO. W. CRAWFORD.
Mr. Miller offered the following Resolution, which was taken
up, read, and agreed to—and ordered to be sent to the House
of Representatives forthwith:
Resolved, That a committee of five be appointed on the part
of the Senate, to join such as may be appointed by the House
of Representatives, to examine and report upon the several re¬
turns of the Census taken during the present year, and which
are now in the possession of the Senate, under a resolution
passed the 24th instant.
And the following were the committee named: Messrs. Mil¬
ler, Murphey, Brown, Wofford and Jackson. -
On motion of Mr. Hackett,
The Senate took up the resolution offered by himself, censur¬
ing the Chief Engineer of the Western and Atlantic Rail Road,
under the direction of his Excellency, for an alleged violation
of the law, in incurring a debt over and above the appropria¬
tion. 1
Mr. Kenan moved to strike out " the Chief Engineer of the
Western and Atlantic Rail Road."
SENATE.
107
Mr. Chastain moved to lay the resolution and amendment on
the table, and make it the special order for Friday next.
Which was agreed to.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk :
Mr. President—The House of Representatives have passed
the following bills :
A bill to authorize administrators, executors and guardians,
to exercise discretion in selling lands which may be divided by
county lines.
A bill to exempt the Commissioners of Public Roads, in the
county of Chatham, from the performance of patrol duty.
A bill to grant the rights and privileges of citizenship to
George Michael Lavender, a descendant of the Cherokee tribe
of Indians, a citizen of the county of Coweta, and to establish
and legalize the name of the said person, as George Michael
Lavender, and to remove all legal disabilities heretofore impo¬
sed, and to compel him to do and perform all the duties of a
free white citizen.
A bill to authorize the Justices of the Inferior Court of Floyd
county, and their successors in office, to assess an extra tax on
the citizens of said county, for the purpose of paying for the
public buildings of said county, and to compensate William A.
Moore, County Surveyor of said county, for aiding in running
a line between the counties of Floyd and Chattooga.
A bill for the relief of Robert P. Dickerson, of the county of
Elbert. 1
A bill to amend an act entitled an act to amend the road and
patrol laws of this State, so far as relates to the county of Ef¬
fingham, assented to on the 9th day of Deer., eighteen hundred
and; forty-three.
A bill to confirm and make valid, a sale of a lot of land in
the town of Bainbridge, and to authorize the Trustees of the
Decatur county Academy to execute a deed of conveyance to
Alexander A. Allen, or his assigns, and to appoint an additional
Trustee for said Academy.
A bill for the relief of the Bank of Milledgeville.
Mr. Martin offered the following resolution:
Resolved, That the Director of the Central Bank do report to
this branch of the General Assembly, at his earliest conven¬
ience, all the expenses of said Institution, from the time of his
appointment up to the present time, of every kind, quality or
character whatsoever, whether fixed by law or incidental, in¬
cluding therein the fees and commissions paid, allowed or re¬
tained by attorneys, for professional services, stating in said re¬
port the several amounts of such fees or commissions, to whom
and when pa:L allowed, or retained—the character, nature and
108
JOURNAL OF THE
amount of the services rendered, for which they were paid, al¬
lowed, or retained.
And be it further resolved, That said Director do also report
to this branch of the General Assembly, whether any of the re¬
ceipts of attorneys employed by his predecessor, have been
turned over to attorneys employed by himself—and if any, what
amount of receipts have been so turned over, upon whom, and
to whom turned over, and whether the attorneys to whom such
reoeipts were turned over, have made any settlements or col¬
lections on the same, and to what extent, and whether they
have charged fees or commissions for their services, in this re¬
gard, or rendered such services gratis.
Be it also further resolved, That the said Director do report,
in manner aforesaid, when the notes mentioned in the commit¬
tee's abstract number 7, were placed in the attorney's hands for
collection, what amount of such notes have been collected and
paid over, and when collected and paid over, and what amount
yet remains uncollected and paid over.
On motion of Mr. John M. King,
The Senate took up the resolution offered by himself with
reference to the Reporter of the Savannah Republican.
Mr. Cone moved to lay the resolution on the table for the
present—which was lost.
On motion of Mr. Wofford,
The resolution was laid on the table until to-morrow.
Mr. Wm. Q,. Anderson offered the following resolution, which
was taken up and agreed, to:
Resolved, That his Excellency the Governor be requested to
transmit to the Senate the number of poor children returned by
the several counties in this State, entitled to the benefit of the
poor school fund, for the year eighteen hundred and forty-five.
Mr. Chastain reported a bill to grant the rights and privile¬
ges of citizenship to Isabella Hicks and her children, of the
Cherokee tribe of Indians, and to remove all legal disabilities
heretofore imposed on said tribe of Indians, so far as respects
the said Isabella Hicks and her descendants.
Which was read the first time.
Mr. Smead reported a bill to amend the several Judiciary
acts now in force in this State, so far as relates to Justices'
Courts, approved 14th December, 1811, so far as to change the
times of holding Justices' Courts in the several counties of this.
State, from once a month to once in four months in each year..
Which was read the first time.
The Senate took up the special order—the report of the Com¬
mittee of the Whole, on the bill to alter the law in relation to
interest on money.
Mr. Miller offered the following as an additional section :
And be it f urther enacted, That any Judgment hereafter ren-
SENATE.
109
dered in any Court of this State, shall hear interest (so far as
regards the principal debt,) at the same rate as that borne by
the contract upon which such Judgment may be obtained.
Which was agreed to.
Mr. Martin moved to strike out the word six, and insert the
word seven, as the rate of per cent
Which was agreed to.
On motion of Mr. Wofford,
The report, as amended, was laid on the table for the pres¬
ent.
The Senate took up the special order, as a report of the
Committee of the Whole,
The bill to amend the several acts heretofore passed and now
in force, incorporating and relating to the Central Rail Road
and Banking Company of Georgia, and to authorize the said
Company to continue and extend its Rail Road from the coun¬
ty of Bibb to the Chattahoochee river, at or adjoining the city
of Columbus.
Which, on motion of Mr. Kenan, was made the special order
of the day for to-morrow.
On motion, the order was suspended, and
Mr. Jackson reported a bill to amend an act entitled "an act
to regulate escheats in this State, and to appoint escheators," ap¬
proved Dec. 5th, 1801, so far as relates to Chatham county. <
Which was read the first time.
Mr. Chastain moved to adjourn—which was lost.
On motion/the order was suspended, and
Mr. Jones reported a bill to amend an act entitled an act to
establish a general system of education, by common schools, so
far as relates to Lowndes county, passed 23d Dec., 1843.
- Which was read the first time.
On motion of Mr. Ridley, the order was suspended, to take
up the following bills of the House of Representatives, for a
second reading, which, on his motion, were made the special
-order for to-morrow :
A bill to alter and amend the several acts of this State in re¬
lation to itinerant traders, and to prescribe the mode of their ob¬
taining license.
Also the bill to extend the time for taking out grants for lands
heretofore surveyed on head rights and bounty warrants.
On motion, the Senate adjourned until 10 o'clock, to-morrow
morning.
110
JOURNAL OF THE
WEDNESDAY, NOVEMBER 26, 1845.
The Senate met pursuant to adjournment.
On motion of Mr. John M. King,
The Senate took up the resolution offered by himself, with
reference to the Reporter of the Savannah Republican.
Mr. Miller offered the following, as an amendment:
Whereas, S. T. Chapman, Editor of the Savannah Republi¬
can, has been charged with using "disrespectful and insulting
language" to the minority of the Senate who voted against the
Court bill—
Whereas, a resolution has been offered by the Senator from
the 4th Senatorial District to' exclude said Chapman from the
privileges and courtesies of the Senate—
And whereas, said Chapman has satisfactorily explained
said remarks, and disclaimed all intention to u&e disrespectful
or insulting language towards said minority—therefore,
Resolved, That the Senator from the 4th District have leave
to withdraw said resolution, and that this resolution be inserted
on the Journals, as evidence of. the adjustment of the affair.
And on the motion to agree to the same,
The yeas and nays were required to be recorded, and are—
yeas 20, nays 21.
Those voting affirmatively are Messrs. Allen, William Q.
Anderson, Boynton, Brown, Calhoun, Gignilliatt, Hardeman,
Harris, Hines, Kenan, Wesley King, Long, McGahagan, Mil¬
ler, Mitchell, Moody, Nickelson, Reynolds, Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Chastain, Colley, Cone, Field, Hill, Holder-
ness, Jones, Kellogg, John M. King, Lee, Lewis, Martin,
McGreggor, Murphey, Smith, Stell, Wilcox, Wofford.
So the Senate refused to agree to the amendment.
Mr. Hardeman moved to receive a communication from Mr.
Chapman, addressed to the Senator from the first Senatorial
District, as a memorial, and that it be laid on the table—and op
the question of its reception,
The yeas and nays were required to be recorded, and are—
yeas 38, nays 5.
Those voting affirmatively are Messrs. Allen, Thomas F.
Anderson, Wm. Q,. Anderson, Beall, Boynton, Brown, Cal¬
houn, Chastain, Colley, Cone, Field, Gignilliatt, Hackett, Har¬
deman, Harris, Hill, Hines, Holderness, Jackson, Jones, KeL
SENATE.
Ill
logg, Kenan, John M. King, Wesley King, Lee, Lewis, Long,
Martin, McGahagan, McGreggor, Mitchell, Moody, Nickelson
Reynolds,' Ridley, Smead, Whitfield, Wofford.
Those who voted in the negative are Messrs. Miller, Mur-
phey, Smith Stell, Wilcox.
So the Senate agreed to the reception of the communication.
The question then recurred on the motion to agree to the res¬
olution.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 25, nays 14.
Those voting in the affirmative are Messrs. Thomas F. An¬
derson, Beall, Broaddus, Chastain, Colley, Cone, Field, Hack-
ett, Hill, Hines, Holderness, Jones, Kellogg, John M. King, Lee,
Lewis, Long, Martin, McGreggor, Murphey, Smith, Stell, Whit¬
field, Wilcox, Wofford.
i
Those voting in the negative are Messrs. Allen, Wm. Q,. An¬
derson, Boynton, Brown, Calhoun, Gignilliatt, Hardeman, Har¬
ris, Wesley King, Mitchell, Moody, Reynolds, Ridley, Smead.
So the resolution was agreed to.
',The following message was received from the House of
Representatives, by Mr. Word, their Clerk :
- Mr. President—The House of Representatives have passed
the following bills, to wit:
A bill for the relief of John C. Hunter.
A bill for the correction of errors in plats and grants.
A bill for the relief of William H. W ade, of the county of
Early.
The following message was received from his Excellen¬
cy the Governor, by Mr. Steele, his Secretary—which was ta¬
ken up audread, and on motion of Mr. Cone, referred to the
Committee on the Census:
Executive Department, ?
Milledgeville, November 26, 1845. $
The Honorable Senator from the seventh Senatorial District
has just deposited in this Department the Census Return of the
county of Bulloch, which I herewith transmit to the Senate.
GEO. W. CRAWFORD.
On motion, the Senate took up the special order of the day,
being
The bill to amend the several acts heretofore passed and now
in force incorporating and relating to the Central Rail Road and
112
JOURNAL OF THE
Banking Company of Georgia, and to authorize the said Com¬
pany to continue and ~ extend its Rail Road from the coun¬
ty of Bibb to the Chattahoochee river, at or adjoining the
city of Columbus.
And on motion of Mr. Ridley, the same was made the spe¬
cial order for to-morrow.
The Senate took up the special order of the day, being the
report of the Committee of the Whole, on the bill of the House
of Representatives to alter and amend the several acts of this
State in relation to itinerant traders, and to prescribe the mode
of their obtaining license.
The first section being read,
Mr. Cone moved to amend, by striking out " fifty" as the
lowest amount to be received by the Inferior Court for a license
and insert "twenty-five"—which was lost.
Mr. Jackson offered the following amendment, which was
agreed to:
And be it further enacted\* That nothing in this act shall be
construed to take from the corporate authorities of the city of
Savannah, the power to regulate pedlers within the limits of
the city.
The report, as amended, was agreed to—the bill was read
the third time, and passed.
And the Secretary was directed to take the same to the House
of Representatives instanter.
On motion of Mr. Murphey,
Mr. Broaddus was added to the Select Committee on the
Census Returns.
The Senate took up the special order of the day, it being the
report of the Committee of the Whole, on the bill of the House
of Representatives, to extend the time for taking out grants for
lands heretofore surveyed on head rights and bounty warrants.
Mr. Cone offered the following as an additional section—
which was agreed to:
And be it further enacted, That the Justices of the Inferior
Courts are hereby authorized to sign land warrants as fully as
a Justice of the Peace—and where a Justice of the Inferior
Court Jhas signed said warrants, the same are hereby made
legal.
The report, as amended, was agreed to—the bill was read
the third time, and passed.
On motion, the Senate adjourned until 10 o'clock, to-morrow
morning.
-SErjTATE.
113
THURSDAY, November 27,1845.
The Senate met pursuant to adjournment
Mr. Miller moved to reconsider so much of the journals of
"yesterday as relates to the action of the Senate on the resolu¬
tions in relation to the Editor and Reporter of the Savannah
Republican—which motion was lost
On motion of Mr. Martin,
• The Senate took up the following resolution, which was
•read and agreed to:
Resolved, That the Director of the Central Bank do report
to this branch of the General Assembly, at his earliest con¬
venience, all the expenses of said Institution from the time of
his^ appointment up to the present time, of every kind, quality,
or character, whatsoever, whether fixed by law ox incidental;
including therein the fees aiid commissions paid, allowed or re¬
tained by attorneys, for professional services; stating in said
report the several amounts of such, fees or commissions, to
whom and' when paid, allowed or retained; also, the charac¬
ter, nature and amount of the services tendered for which
they were paid, allowed or retained.
And be it f urther resolued, That said Director do also re¬
port to this branch of the General Assembly whether any of
the receipts of attorneys employed by his' predecessor have
been turne.d over to attorneys employed by himself; and if
any, what amount of receipts have been so turned over; upon
whom and to whom turned over, and w;hether the attorneys to
whom such receipts .were turned over have made any settle¬
ments or collections oil the same, and to what extent; and
whether they have charged fees or commissions for their ser¬
vices in this regard, or rendered such services gratis.
Be it also further resolved, That the said Director do report,
In manner aforesaid; when .the notes mentioned?in the Com¬
mittee's abstract number seven were/placed in the attorneys'
hands' for collection; what amount of such notes have been
-•collected and paid over, and when collected and paid over, and
what amount yet remains uncollected and paid over.
Mr. Stell offered the following resolution:
Resolved, That the Committee on the Judiciary be request¬
ed to investigate the propriety of .reducing the. number of the
Justices of the Inferior'Courts of the several counties in this
State, and that they report to the Senate, at their earliest con¬
venience, by bill or otherwise.
And on his motion, the same was taken tip, read and
to.
°Mr. Jackson presented the memorial of the Bank of the
•State of Georgia in relation to a debt of $12,764 93, due by
15
JOURNAL OF THE
the Bank of Darien to the said Bank of the State of Georgia-,,
which was read and referred to the Committee on Finance.
Also, the petition of the Planters' Bank of the State of Geor¬
gia in relation to the bills of the Bank of Darien held by the
said Planters' Bank, against the said Bank of Darien—which
was read and referred to the Committee on Finance. s
Mr. Hardeman reported'a bill to explain and amend the 1st
section of an act approved 20th December, 1826, entitled an
act to define the liability of securities on appeal, oil stay of exe¬
cutions, and for the protection of bail on recognisance, bond,
note or other contract, which was read the first time.
Mr. Smead. reported a bill for the relief/ and benefit of Can-
dis R. Carter, of1 Talbot county, which was read the first
time.
Mr. Field reported a bill to authorize the Justices of the In¬
ferior Court of Lumpkin county to levy an extra tax for coun¬
ty purposes, which was read the first time.
Mr. John M. King reported a bill to re-enact the second sec¬
tion of an act assented to the 23d December, 1S39, entitled an
act to appoint Commissioners to lay out and. open a new road:
through a part of Camden county, &c., which was read the
first time.
Mr. Wilcox reported a bill to authorize and require the Jus¬
tices of the Inferior Courts, or a majority of them, of the coun¬
ties of Telfair and Irwin, to examine and allow to the tax col¬
lectors of said counties their insolvent lists, which was read the
first time.
Mr. Broaddus offered the following resolution : '
Resolved, That his Excellency the Governor be authorized
and requested to have the Arsenal removed from its present site,
on the State House Square, and rebuilt, in an economical man¬
ner, on some suitable ground near the Penitentiary, and placed
under the guard of that institution; after which, that the office
of military store-keeper at this place be. discontinued; that his
Excellency the Governor be authorized to purchase a fresh
supply of Powder, for the use of the- State, and that he be au¬
thorized to draw his warrant on the Treasury of the State for
the amount necessary to effect the foregoing object.
Mr. Brown reported a bill to incorporate the Flint River
Manufacturing Company, of the county of Upson, which was
read the first time.
Mr. Murphey, from the Committee on Internal Improvement,
to whom was referred the resolution requesting his Excellency
the Governor to direct the Engineer to suspend all operations
on the Western and Atlantic Rail Road beyond Burrows', in
Cass county, until the Legislature shall otherwise direct, made
a report unfavorable to the resolution.
.SENATE.
115
The following message was received from the House of
Representatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives haVe con¬
curred in the resolution of Senate relative to the census taken
during the present year; and have appointed 011 their part,
Messrs. Butt, Anderson of Chatham, Mustian, Robinson of
Wilkes, Fambrough, Carlton and Jones, a committee to join
that of the Senate.
They have also agreed to the following resolutions, to'wit:
A resolution to authorize the Treasurer to refund to Augus-
tin Young a certain'sum of money.
A "resolution in relation to A. E. Cochran, A. A. Park, and
others, late extra Clerks in the Secretary of State's office, "Sur¬
veyor General and Comptroller General.
To which they ask the concurrence of the Senate.
They have also concurred in the, amendment of Senate to
the bill of the House " to alter and amend the several acts in
relation to itinerant traders, and to prescribe the mode of their
obtaining license."
Mr. Hackett offered the following resolution :
Resolved by the Senate, That his Excellency the Governor
be requested to transmit to the Senate, as early as practicable,
a copy of all the orders issued by his Excellency since the 22d
day of December, 1843, directed to the Chief Engineer of the
Western and Atlantic Rail Road.
Which was taken up, read and agreed to.
On 'motion of xMr. Lewis, the resolution offered by himself,
in relation to the removal of the Penitentiary, was taken up,
and referred to the Committee on the Penitentiary."
Mr. Boynton reported a bill to authorize and to require the
Justices of the Inferior Court of the county of Randolph to pay
to John B. Sevell, a teacher of poor children, his account for
teaching poor children, in the years 1838'and 1839, from the
poor school or education fund: and to authorize tlie Justices of
the Inferior Court of Stewart county to remunerate Samuel
Adams for money paid out by him for teaching poor children,
under the common school law of 1839—which was read the
first time.
Mr. Murphey reported a bill to require .tax collectors to as¬
sess and collect all county and other extra taxes, and to fix their
compensation for the same, which was read the first time.
On motion of Mr. Miller, Mn Crawford was added to the
Committee on the Census returns. '
The Senate took up the special order- of the day, being the
bill to be entitled an act to amend the several acts heretofore
passed, and now in force, incorporating and relating to the Cen¬
tral Rail Road and Banking Company of Georgia, &c., and on
motion of Mr. Jackson, was made the special order for Tues¬
day next.
116
JOUBNAL OF THE
The Senate took up, as the report of the Committee of the
Whole, the bill to amend an act establishing of the Southern
Botanical Medical College of Georgia, so as to authorize the
Board of Trustees of said College to remove it to the city of
Macon, whenever in their judgment it shall appear to said
Board expedient or conducive to the interest of said Insti¬
tution.
The report was agreed to—-the bill was read the third time,
and passed.
The Senate took up, as the report at the Committee of the
Whole, the bill and' substitute therefor " to change the mode
of compensating the Grand and Petit Jurors of Jackson
county."
The report was amended, and 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 distribution of the estate
of David Myrick, of Putnam county; an insane person.
Mr. Hardeman offered the following as an additional sec¬
tion—
And be it furthey enacted by the authority of the same,
That in the event that Polly C. Myrick shall survive her hus¬
band, David Myrick, then and in that event the property own¬
ed by the said David before his marriage with the said Polly
C. Myrick, and the natural increase thereof, together with the
one-half of the artificial increase of "all the property and ef¬
fects of the said David Myrick, shall go to the next of kin of
the said David Myrick.
Which was agreed to.
The report, as "amended, w^s agreed'to—the bill was read
the third time, and on the question.shall this bill.now pas's, the
yeas and nays were required to be recorded, and are—yeas
29, nays 14.
Those voting affirmatively are Messrs.. Allen, Boynton,
Brown, Calhoun, Colley, Crawford, Gignilliatt, Hackett, Har¬
deman, Hines, Holderness, Jackson, Jones, Kellogg, Kenan,
John M. King, Wesley King, Long, Martin, McGahagan, Mc-
Greggor, Mitchell,' Murphey, Nickelson, Reynolds, Ridley,
Smead, Stell, Wofford.
Those voting negatively are Messrs.'' Thomas F. Anderson,
Wm. Q.. Anderson, Beall, Broaddus, Chastain, Cone, Field,
Harris, Hill, Lee, Lewis, Miller, Smith, Wilcox.
So the bill was passed.
The Senate took up, as the report of the Committee of the
Whole, the bill to, change the place of holding the Justices'
Courts in the 26th militia district of Glynn county.
SENATE.
11?
)
The report was agreed to—the bill was read the third time,
and passed.
On motion, the order was suspended, and
, Mr. Chastain. offered the following resolution, which was
'taken up, read and agreed to:
Resolved, That the Committee on Internal Improvement be
requested to enquire into "the propriety of the extension and
completion of the Western and Atlantic Rail Road to Cross
Plains, in the county of Murray; and that they be authorized
to report upon the same by bill or otherwise.
The Seriate took up, as the report of the Committee of the
Whole, a bill for the relief of Diana Hester's estate. (
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 fo compel all persons resident in the county of
Camden, in the State-of Georgia, to give In and pay tax upon
the, taxable property which they hold 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 alter and amend an act assented to on the
26th day of December, 1838, to authorize the business of
Banking, and to regulate the same. (
Mr. Miller 'moved to refer the report to the Committee on
Banks—rwhich was lost.
He also moved to amend the same by transposing the second
and" third sections of the bill—which was.agreed to.
He also moved to' amend the bill by inserting after the words
" may be' made," in the second section, the words, " after a
compliance with the provisions of the act of 1838"—which was
agreed to.
The report, as amended, was agreed to, the bill read' the
third time, arid on the question shall this bill now pass, the
yeas and nays were required to be recorded, and are—yeas
19, nays 25.
, Those voting affirmatively are Messrs. Allen, William Q.
Anderson, Boynton/Broaddus, Brown, Calhoun, Colley, Craw¬
ford, Field, Gignilliatt, Hackett, Hardeman, Harris, Jackson,
Martin, Nickelson, Smead, Stell,' Wofford.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Chastain, Cone, Hill, Hines, Holderness, .Tones, Kellogg,
Kenan, John M. King, WesleyKing, Lee, Lewis, Long, McGa-
hagan, McGreggor, Miller, Mitchell, Moody, Murphey, Rey¬
nolds, Ridley, Smith, Wilcox.
So the bill was lost.
118
JOURNAL OF THE
The Senate took up, as the report of the Committee of the
Whole, the bill to repeal all acts and parts of acts establish¬
ing a bridge and toll-gate over Ebenezer creek, in Effingham
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 allow persons applying for a grant or grants
to reverted lots, under the act of 1843, to file an affidavit of
their intention to settle the lot applied for, and to give prefe¬
rence to such applicants.
Mr. Lewis offered a substitute, by way of amendment.
And on motion, the bill and substitute was laid on the table
tor the present. •
The Senate took up, as the report of the Committee of the
Whole, the bill to repeal all laws now in force which relate to
the navigation of the Oconee river, or to the free passage of
fish up jit above Milledgeville, to Barnett's shoals, in Clark
county, so far as the same may prohibit the erection of dams
across said river for milling or manufacturing purposes.
The report was agreed to—the bill was read the third time,
and passed.
The Senate took up, as the report of jthe Committee of the
Whole, the bill to incorporate the Ladies' Education and Be¬
nevolent Society of the Methodist Episcopal Church of the city
of Columbus, and to. vest in , said Society certain lots therein
designated.
Mr. Calhoun offered the following, amendment to the second
section, to come in after the words " not been sold, or," the
words " with the concurrence of the City Council of Colum¬
bus"—which was agreed to.
Mr. Miller offered the following amendment, as an additional
section:
And be it further enacted, That Joseph A. Eve,/ John C.
Charmichael, John C. Wightman, and their associates and suc¬
cessors, be, and they are hereby incorporated and made a body
politic; by the name and style of " The Augusta Benevolent
Society," for the relief of the sick and infirm poor in the city of
Augusta, with power to receive, hold, possess, retain and dis¬
pose of property and effects of any kind, by purchase, gift,
grant, devise, or otherwise, for the use and purpose aforesaid;
and also, \tfith authority to make and enforce all by-laws, rules
anctregulations necessary to carry into effect the object of their
association, not inconsistent with the Constitution and laws of
this State, or of the United States.
Which was agreed t&
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
SENATE.
119
Whole, the bill to alter and amend the third <and fifth sections
-of an act to incorporate the Memphis Branch Rail" Road and
Steamboat Company of Georgia, passed on the 21st Decem¬
ber, 1839. * 1
And on motion of Mr. Wofford, the report was laid upon the
table for the present.
The Senate took up, as the report of the Committee of the
Whole, the bill to alter and amend the 11th section of the
10th 'division of the Penal Code.
Mr. Miller offered the following amendment to the first sec¬
tion, to come after the worcls seven-up, " poker, vingtun,
uchree"—which was agreed to.
Mr. Hackett offered the following amendment, to follow the
words " play and bet," " for money or other thing of value—
-which was agreed to. . ,
The report, as amended, was agreed to—the bill was read
the third time, and passed.
Mr. Chastain, from the Committee on Enrollment, made the
following report:
The Committee on Enrollment report as duly enrolled and
signed by the Speaker of the -House of Representatives, and
ready for the signature of the1 President, the following act,
to wit; - ' '
An act to alter and amend the several acts in relation to
itinerant traders,- and to prescribe -the mode of their obtaining
license.
The Senate took up, as the report of the Committee of. the
Whole, the bill to be entitled an act in relation to proceedings
to recover debts not due.
The report was agreed to—the bill was read the third time,
.and passed.
The Senate took npi as the report of "the Committee of the
Whole, the bill in relation to insolvent debtors.
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 to be entitled an act in relation to affidavits of
illegality.
The report was agreed to—the bill was read the third time,
■and p'assed.
The Senate took up, as a report of the Committee of the
Whole, the bill to be entitled an act to alter the law in relation
to the interest on money.
Mr. Martin moved to amend, by inserting after the words
u made after the passage of this act," the following: "by or
with an incorporated Bank, or any other person or persons,
whether natural or artificial"—which was agreed to.
120'
journal OF the
Mr. Stell moved to insert after the words " the recovery of
the principal," the following words : " with legal interest there¬
on"—which was lost.
The report was agreed to, as amended—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 21.
Those voting affirmatively are Messrs. Allen, Thomas F.
Anderson, William Q,. Anderson,, Beall, Boynton, Brown, Cal¬
houn, Chastain, Gignilliatt, Hackett, Jackson, Kenan, Lee,
Long, Martin', Miller, Murphey, Smead, Smith,-Stell, Wof-
ford.
Those voting negatively are Messrs. Broaddus, Colley, Cone,
Field, Hardeman, Harris, Hill, Hines, Holderness, Jones, Kel¬
logg, John M. King, Lewis, McGahagan, McGreggor, Mitchell,,
Moody,. Nickelson, Reynolds,, Ridley, Wilcox.
There being a tie, the President gave the easting vote in the
negative.
So the bill was lost,
The Senate took up, as the report of the Committee of the
Whole, the bill to pardon William Burton, and on motion, was.
made the special order-of the day for Saturday next. -
The following communication .from his Excellency the
Governor was taken up, read, and on motion,, was referred to
the.Committee on Education:
Executive Department, )
Milledgeville, 27th Novr., 1845. $
In answer to a resolution of the Senate requesting this De¬
partment to transmit the number of poor children returned by
the several counties of this State, and entitled to tile benefit of
the Poor School Fund, for the year eighteen hundred and forty-
five, I have the honor to say, that the tabular statement which
accompanies this communication exhibits the following facts:
that fifty-eight counties have returned an aggregate number of
16,870 poor children—and thirty-five counties have made
no return.
GEO; W. CRAWFORD.
Mr. Lewis moved that when the Senate adjourns, it shall
stand adjourned until half past nine o'clock to-morrow morn¬
ing—-which motion was lost.
%
On. motion, the Senate then, adjourned until 10 o'clock, to¬
morrow morning.
senate.
121
FRIDAY, November 28, 1845.
Hie Senate met pursuant to adjournment.
Mr. Stell moved to reconsider so much of the journals of
yesterday as related to the rejection of the bill to alter and amend
the act of 1838, in relation to Banking—which was carried.
Mr. Kenan moved to reconsider so much of the journals of
yesterday as relates to the rejection of the bill in relation to in¬
terest on money.
Upon which motion the yeas and nays were Required to be
recorded, and are—yeqs 28, and pays 16.
Those voting affirmatively are Messrs. Allen, Thomas F. An¬
derson, Wm. Q,. Anderson, Beall, Boynton, Broaddus, Brown,
Calhoun, Chastain, Crawford, Gignillratt, Hackett, Hill, Jack¬
son, Kenan, John M. King,. Wesley King, Lee, Long, Martin,
Miller, Murphey, Reynolds, Ridley, Smead, Smith, Stell, Wof-
ford.
Those voting negatively are Messrs. Colley, Cone, Field,
JSardeman, Harris, Hines, Ifolderness, Jones, Kellogg, Lewis,
McGahagan, McGreggor, Mitchell, Moody, Nickelson, Wilcox.
So the motion prevailed.
Mr. Hackett, from the Judiciary Committee, to whom had
been referred a biff'to amend the several laws of force in this
State relative to liens of judgments; &c.—and also a bill to
amend the claim laws of this State, made a report'unfavorable
to the objects of both bills.
He also reported^in favor of the bill referred to the same
committee, in reference to the caveating of wills, with amend¬
ments.
Mr. Ridley moved to take up the resolution offered by him¬
self, bringing on the election of asSenator in Congress.
On which motion, the-yeas and nays were required to be re¬
corded, and are—yeas 21, nays 23.
Those voting affirmatively are Messrs. Allen, Wm. Q,. An¬
derson, Boynton, Brown, Calhoun, Crawford, Gignilliatt, Har¬
deman, Harris, Hines, Kenan, Wesley King, Long, McGaha¬
gan, Miller, Mitchell, Moody, Nickelson, Reynolds, Ridley,
Smead.
Those voting negatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Chastain, Colley, Cone, Field, Hackett,
Hill, Holderness, Jackson, Jones, Kellogg, John M. King, Lee,
Lewis, Martin, McGreggor, Murphey, Smith, Stell, Wilcox,
Wofford.
So the Senate refused to take up.
16*
122
JOURNAL OF THE
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have passed
the following bills, to wit:
A bill to incorporate the Rabun Turnpike Company, and to
grant certain privileges to the same.
A bill to authorize and require the Justices of ,the Inferior-
Court of Appling county, and their successors, or a majority
thereof, to judge of, and allow to the tax collectors of said coun¬
ty their insolvent lists.
A bill to incorporate the Mechanics' Benevolent Society, of
the city of Savannah.
A bill to amend an act passed in 1841, to give to ,all persons
employed on steamboats, and other water craft, on the Chatta¬
hoochee, Altamaha and Ocmulgee rivers, a lien on said steam-'
boats 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, so farJ as to extend the pro¬
visions of the same, and to include Flint river therein.
A bill to repeal ah act to compensate the Grand and Petit
Jurors of the Counties of Carroll and Dooly, and Petit Jurors
for the county of Jackson, assented to Dec. 23d, eighteen hund¬
red and thirty-nine.,
A bill to add,the places of residence of William Burney,
Thomas P. Tatum, and William Lowrie, of Glynn county, to
the county" of Wayne—also, the place purchased by James
Stafford from John Gibson,, senr., in the county of Glynn, and
the place of residence of Timothy Arnett, in the county of Ap¬
pling, to the county of Wayne.
A bill to allow David Ross, of the county of Putnam, to erect
a mill dam across the Oconee .river, at or near the Long
Shoals.
A bill to. alter the nineteenth section of the first article of the
Constitution.
A bill for the relief of James D. Hudson, and to make valid
and binding a marriage between himself and Martha A. E.
Greene.
A bill to prohibit lessors in ejectment being made parties
plaintiff, without their consent.
A bill to pardon Charles Jones, of the county of Lumpkin.
A bill to relieve Sylvanus W. Burney and Allen Cochran,
from the payment of a portion of a note held by the Central
Bank against them, and for, other purposes therein mentioned.
Mr. Boynton reported a bill to authorize the issuing of grants
to any ungranted lots in the land lotteries of 1821 and 1827,
and the land and gold lotteries of 1832, where no provisions
have heretofore been made for granting.
Which was read the first time.
SENATE.
123
Mr. Smead reported a bill to add lot of land No. 11S, in the
11th district of formerly Muscogee, now Marion county, the
residence of James Layfield, to Talbot county.
Which was read the first time.
He also presented the written application of Mr. James Lay-
field.
The Senate took up the special order, it being Mr. Hackett's
resolution in relation to the extension of operations on the Wes¬
tern and Atlantic Kail (Road, beyond Burroughs', without any
authority of law.
Which, on motion, was made the special order of the day for
Saturday next.
The Senate took up, as a report of the Committee of the
Whole,
The reconsidered bill " to alter the law in relation to inter¬
est on money."
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 24, nays 21.
Those voting affirmatively are Messrs. Allen, Thomas F.
Anderson, Wm. Q,. Anderson, Beall, Boynton, Brown, Calhoun,
Chastain, Crawford, Gignilliatt, Hackett, Hill, Jackson, Kenan,
John M. King,' Lee, Long, Martin, Miller, Murphey, Smead,
Smith, Stell, Woffbrd.
Those voting negatively are Messrs. Broaddus, Colley, Cone,
.Field, Hardeman, Harris, Hines,- Holderness, Jones, Kellogg,
Wesley King, Lewis, McGahagan, McGreggor, Mitchell, Moody,
Nickelson, Reynolds, Ridley, Whitfield, Wilcox.
So the bill was passed.
The Senate took up, as the report of the Committee of the
Whole, ' .
The bill for the limitation of the proceedings in caveating
wills.
The Senate agreed to the amendment proposed by the Judi¬
ciary Committee.
The .report was agreed to, as amended—the bill read the
third time, and passed.
Mr. Lewis, from the Committee on Fipance, made the fol¬
lowing report:
The Committee on Finance, to whom was referred a bill to
be entitled an act to authorize the investment of trust funds in
State stocks, or other State securities, to provide for the sale or
disposition thereof, and to exempt the same from taxation, re¬
port—
124
journal of the
That they have had the same under consideration, and now
ask leave to report the sam6 hack to the Senate, without amend¬
ment) with their approbation of the passage of the bill.
The Senate took up, as the report of the Committee of the
Whole,
The bill to extend the provisions of the act passed on the 28th
December, 1843, entitled an act to point out the manner of
creating certain corporations, to define their rights and privi¬
leges, and to provide a mode of changing the names of indi¬
viduals.
The report was agreed to—the bill was read the third time,
and passed.
The following communication from his Excellency the Gov¬
ernor, was taken up and read:
Executive Department, • /
Milledgeville, November 28th, 1845. )
In answer to a resolution requesting the .Governqr to trans¬
mit, as early as practicable, a copy of all orders issued by him
since the 22d December, 1843, directed to the Chief Engineer
of the Western and Atlantic Rail Road, I have the honor, to-
state, that in accordance with the general- custom established
by my predecessors, I have given no Executive orders, techni¬
cally so speaking.
The views of this Department have been communicated by
letter, or oral instructions. The letters are numerous. Their
substance has been re-stated, or modified, at the many inter¬
views with the Chief Engineer, not only at the Seat of Gov¬
ernment, but at different times, and at different points of the
Rail Road. The directions given on these occasions have been
followed by the"Chief Engineer, else he had been no longer in
the service of the State.
GEO. W. CRAWFORD.
The Senate took up, as the report of the Committee of the
Whole,
The bill to authorize the investment of trust funds in State
stocks, or other, State securities, to provide for the sale or dispo¬
sition thereof, and to exempt the same from taxation.
The report was agreed to —the bill was read the third time,
and passed.
The Senate took up the following bills, which were read the
second time, and referred to a Commirtee of the Whole :
A bill to incorporate the South-western Rail Road Company,
with power to extend branches to Albany, in the county of Ba¬
ker, and to Fort Gaines, in the county of Early, or to any points
below those places, on the Flint and Chattahoochee rivers.
And on motion, fifty copies thereof were ordered to be print-
SENATE.
125
ed, for the use of the Senate, and the bill made the special or¬
der for Wednesday next. ' ' v
A bill to add lots of land numbers fifty-five, of the fifth dis¬
trict and fourth section, and thirty-nine, of the fifteenth district
and fourth section of the county of Chattooga, to the county of
Floyd, and to change the residence of certain persons therein
named.
A bill to authorize the Sheriffs of the counties of Rabun,
Habersham and Hall, to advertise their sales in the public ga¬
zette at Dahlonega.
A bill for the relief of Elisha Burson, tax collector of the
county of Warren.
A bill amendatory of an act incorporating the Talbot Guards,
a volunteer company in the county of Talbot, assented to 7th De¬
cember, 1841.
A bill to authorize the Justices of the Inferior Court of the
county of Lowndes to appoint Commissioners to make titles to
lots sold in said county, and to sell unsold lots.
' A bill to explain the tenth section of an act passed on the
18th December, 1792, entitled ah act to protect the estates of
orphans, &c. ' t
A bill for the relief of John J. Hamilton, receiver of tax re ¬
turns for the county of Pulaski, for the year eighteen hundred
and forty-five.
A bill to grant the rights and privileges of citizenship to Isa¬
bella Hicks and her children,-of the Cherokee tribe of Indians,
and to remove all legal disabilities heretofore imposed on said
tribe of Indians', so tar as respect^ the said Isabella Hicks and
her descendants.
A bill to amend the several Judiciary acts now in force in
this State, so far as relates to'justices'courts, approved 14th De¬
cember, 1811, so far as to change the time of holding justices'
courts in the several districts in the several counties of this
State, from' once a month, to once in four months in each year.
A bill to be entitled an act to amend an act entitled an act to
regulate escheats in this State, and to appoint escheators, appro¬
ved December 5, 1801, so far as relates to Chatham county.
A bill to amend an act entitled an act to establish a general
system of education, by common schools, passed 23d December,
eighteen hundred and forty-three, so far as relates to Lowndes
county.
A bill to explain and amend the 1st section of an act appro¬
ved 20th December, 1826, entitled " an act to define the liabil¬
ity of securities on appeal, on stay of execution/and for the pro¬
tection of bail on recognizance, bond, note or other contract.
A bill for the relief and benefit of Candis R. Carter, of Tal¬
bot county.1
A bill to authorize the Justices of the inferior courts of Lump¬
kin county to levy an extra tax.
A bill to re-enact the second section of an act assented to the
126
JOURNAL OP THE
23d December, 1839, entitled an act to appoint commissioners
to lay out and open a new road through a part of Camden coun¬
ty, &c.
A bill'to authorize and require the Justices, of the inferior
courts, or a majority thereof, of the counties of Telfair and Ir¬
win, to examine and allow to the tax collectors of said counties
their insolvent lists.
A bill to incorporate the Flint River Manufacturing Compa¬
ny, of the county of Upson.
A bill to authorize and require" the justices of the inferior
court of the county of Randolph to pay to Jofm B. Seville,
a teacher of poor children, his account for teaching poor chil¬
dren, in the years 1838 and 1839, from the poor school or edu¬
cation fund, and to authorize the justices of the inferior court of
Stewart county to remunerate Samuel Adams, for money paid
out by him for teaching poor children, under the common school
law of 1839.
A bill to require tax collectors to assess and collect all coun¬
ty and other extra taxes, and to fix their compensation for the
same.
The Senate took up, qs the report of the Committee of the
Whole, •' . ,
The bill of the House of Representatives to amend the char¬
ter of the Chattahoochee and Flint River Steamboat Compa¬
ny, incorporated and approved Deer. 23d, 1836.
The report was agreed to—the bill was read the third time,
apd 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
Burwell J. Wynn, of 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 regulate the
mode of taking Sheriffs' bond in this State, so far as relates to
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 of the House of Representatives to change the times
of holding the Superior and Inferior Courts • of the county of
Baldwin.
Mr. Hardeman offered the following amendment, in lieu of
the 2d section:
Sec. 2. And be it further enacted, That the inferior courts
for the county of Baldwin shall be held, for the year eighteen
SENATE.
12?
hundred and forty-six, on the fourth Monday in January, the
time now designated by law; and on the second Monday in.
November, and on the second Mondays in May and November,
in each and every year thereafter.
Which was agreed to.
The report of the committee of the whole, as amended, 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 repeal an act
entitled/an act, to consolidate the offices of Receivers and Tax
Collectors in the counties of Lumpkin, Gilmer, Tattnall, Union,
Pulaski, Telfair, Walker, Cherokee, Early, Rabun, Floyd and
Paulding, assented to December 25th, 1837, so far a? relates
to the counties of Lumpkin and Walker.
Mr. Field offered the following amendment:
"To take effect, so far as relates to the county of Lumpkin,
on the first day of January, 1847."
Which was agreed to.
The report, as amended, 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 prevent wards
from having to pay commissions upon their estates to more
than one guardian.
And on motion of Mr-. Miller, 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 John
R. Bowman, of tbe county of Greene, to plead and practice lp,w
in the several courts of law and equity in this State, and to
prescribe his liability touching the same.
Mr. Allen offered the following amendment:
"And George C. Smith, of the county of Elbert"—which
was agreed to.
The report of the committee, as amended, was agreed to—
the bill read the third time, and passed.
The following bills of the House of Representatives were
taken up and read the second time, and referred to a Committee <
of the Whole:
. A bill for the relief of Samuel F. Jones, James W. Cunning¬
ham, and William Underwood.
A bill to exempt James Murry, a cripple, of the county of
Telfair, Mrs. Nancy Lightfoot, of Bibb county, Magnus A.
Brooks, of Jackson county, and R. N. Tillman, of the county
of Talbot, from the several provisions of the acts of the Gener-
128
JOURNAL OF THE
al Assembly concerning pedlers/and to authorize them to en¬
gage in that business without license.
A bill to alter the time of holding the Inferior Courts of the
county of Telfair, in the Southern Circuit.
A bill to authorize the Justices of the Inferior Court of the
several counties in this State to contract for the building of pub¬
lic bridges;, and give them discretionary powers in relation to
the same.
A bill to change the line between, the counties of Haber¬
sham and Hall, so as to add lot No. 24, in the second district of
the county of Habersham, to the county of Hall.
A bill to change the time of holding the Superior Courts of
the county of Wilkes.
A bill to .change the name qf Maria Ellen Allen to that of
Maria Ellen Chapmah, and to legitimatize the same.
A bill to authorize his Excellency the Governor to furnish
arms' and accoutrements to volunteer corps in the State.
A bill to reduce the Sheriffs' bonds of this State, so far as
relates to the county of Gilmer, and to regulate the mode of
taking the same.
A bill to amend an act to incorporate the Fire Company of
the city of Columbus, to be known by the name and style of
the Columbus Fire Company Number. One, assented to De¬
cember 28th, 1843.
A bill to authorize the Justices of the Inferior Court of the
county of Marion, and other counties therein named, or a ma¬
jority of them, to examine the insolvent list of the tax collectors
of said counties.
A bill for the relief of William P. Rembert, of Oglethorpe
county.
A bill to alter and amend the 4th section of an act entitled
an act to prescribe the manner of holding elections at the seve¬
ral election districts in the several counties of this State, and to
punish those who may defeat or violate the election laws of
force in this State, approved December 23d, 1830.
A bill to alter and amend an act to guard and protect the
citizens of this State against the unwarrantable and too preva¬
lent use of deadly weapons, passed on twenty-fifth December,
1837.
A bill to compel the superintendents of elections held for
Governor, Members of Congress, Senators and Representatiyes
in the State Legislature, to file in the office of the Clerk of the
Superior Court one list of the voters at said election.
A bill for the relief of Sarah Walton, of the county of
Harris.
A bill to repeal an act entitled an act to compensate one of
the Justices of the Peace who may be a superintendent of the
elections held at the several election precincts in the counties
SENATE.
1.29
of Floyd and Walker, assented to on the 18th day of Decem¬
ber, in the year eighteen hundred and thirty-four.
A bill to provide for the introduction in evidence of certain
copy executions, in certain cases therein defined. 1
A bill to amend the laws of this State requiring the builders
of public bridges to give bond and security for keeping in re¬
pair the same, so far as relates to the county of Upson.
A bill to repeal an act compensating the Grand and Petit
Jurors for the counties of Habersham and Franklin, so far as
relates to the county of Habersham, assented to 23d Decem¬
ber, 1837.
A bill to reduce the Sheriffs' bond of this State, so far as re¬
lates to the comity ot Hall.
A bill to authorize the Justices of the Inferior Court of Pike
county to levy an extra tax on the" citizens of said county, for
the purpose of paying the Petit Jurors of said county.
The following bills of the House of Representatives were
taken up, and read the first time:
A bill to confirm and- make valid a sale of a lot of land in
the town of Bainbridge, and to authorize the Trustees of the
Decatur county Academy to execute a deed of conveyance to
Alexander A. Allen, or his assigns, and to appoint an additional
Trustee for said Academy.
A bill for the relief of the Bank of Milledgeville.
A bill to authorize administrators, executors or guardians,
to exercise discretion in selling lands which may be divided by
county lines.
A bill to exempt the Commissioners of Public Roads, in the
county of Chatham, from the performance of patrol duty.
A bill to grant 'the rights and, privileges of citizenship- ta
George Michael Lavender, a descendant of the Cherokee tribe
of Indians, a citizen of the county of Coweta, and to establish
and legalize the name of the said person, as George Michael
Lavender, and to remove all legal disabilities- heretofore impo¬
sed, and to compel. him, to do and perform all the duties of a
free white citizen.
A bill to authorize the Justices of the Inferior Court of Floyd
county, and their successors in office, to assess an extra tax on
the citizens of said county, for the purpose of paying for the
public buildings of said county, and to compensate -William A.
Moore, County Surveyor of said county, for aiding in running
a line between the counties of Floyd and Chattooga.
A bill for the relief of Robert P. Dickerson, of the county of
Elbert.
A bill to amend the road and patrol laws of this State, so
far as relates to the county of Effingham, assented to Deer. 9,
eighteen hundred and forty-three.
17
130
journal op the
A bill to relieve fSylvanus W. Burney and Allen Cochran,
from the payment of a portion of a note held by the Central
Bank against them, and for other purposes therein mentioned.
A bill to authorize David Boss, of the county of Putnam, to
erect a mill dam across the Oconee river, at or near the Long
Shoals.
A bill to incorporate the Mechanics' Benevolent Society, of
the city of Savannah.
A bill to alter the nineteenth section of the first article of the
Constitution.
A bill to prohibit lessors in ejectment being made parties
plaintiff without their consent.
A bill for the relief of James D. Hudson, and to make valid
and binding a marriage between himself and Martha A. E.
Greene.
A bill to pardon Charles Jones, of the county of Lumpkin.
On motion, the Senate adjourned until 10 o'clock, to-morrow
morning.
SATURDAY, November 29, 1845.
The Senate met pursuant to adjournment.
Mr. Hackett presented the, memorial of sundry persons in
favor of James M. Moon, which was read, and on his motion,
was referred, together with the accompanying documents, to a
select committee, consisting of Messrs. Hackett, Broaddus and
Crawford.
Mr. Lewis presented the following resolution:
Resolved by the Senate and House of Representatives of the
State of Georgia, That no appropriation of money shall be
made for any account, claim, or demand, unless such account,
claim, or demand shall have been referred to the appropriate
committee, and by them investigated and reported upon.
Mr. Chastain moved to lay the resolution on the table for the
present—which was lost.
The resolution was then agreed to.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk :
Mr. President—The House of Representatives have passed
the following bills, to wit:
A bill to compensate persons yho have rendered service
in taking the census of the State of Georgia, during the year
SENATE.
131
A bill to confer the rights of citizenship, in Liberty county,
upon certain residents of Mcintosh county.
Mr. Miller reported a bill to authorize the sale of the un-
granted lands in this State—which was read the first time.
Mr. Broaddus reported a bill to authorize the grant for lot of
land No. 178, in the 13th district of Dooly county, to issue to
Elisha Smart, and to vest the title to said lot in him, his heirs
and assigns, and to correct and amend the lottery list of fortu¬
nate drawers, so far as the drawer of said lot is concerned—
which was read the first time.
On motion, the regular order of the day was suspended, and
the following resolution of the House of Representatives taken
up, and concurred in:
In House of Representatives—
Whereas, Woodson Hubbard, of the county of Paulding, as
agent for Augustim Young, applied at the Surveyor General's
Office for the grant to lot No. 877, in the 20th district of the 3d
section, under an act assented to the 28th day of December,
1842, and was informed the grant' was out; and whereas,
through the mistake of that officer the said lot reverted to the
State, and the said Augustine Young, to secure the title to his lot
of land, was compelled to grant it at one hundred dollars—for
remedy whereof,
Be it resolved by the Senate and House of Representatives
of the State of Georgia, in General Assembly met, That the
Treasurer of the State is hereby authorized and required to
refund to the said Augustine Young, or his agent, the sum of
ninety-seven and one half dollars, it being the amount which
he paid over the grant fee at the time he applied for his grant,
and the same be inserted in the general appropriation bill.
Mr. Cone offered the following resolution :
Whereas, James Young, of the county of Bulloch, was im¬
properly charged in his tax return for the year 1844, with a
stallion horse, at the rate of $7 87 1-2 cents—
Be it therefore resolved, That the said amount of $7 87 1-2
cents be refunded to Mr. James Young, and that his Excellency
the Governor be, and he is hereby requested to draw his war¬
rant on the Treasury for the above amount.
The President presented to the Senate a memorial from the
Trustees of Emory College, which was read, and on motion,
was referred to the Committee on Public Education and Free
Schools.
The Senate took up, as the report of the Committee of" the
Whole, the bill to pardon William Burton, being the special
• order of the day. -
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 13.
132
journal op the
Those voting affirmatively are Messrs. William Q.. Ander¬
son, Beall, Boynton, Broaddus, Calhoun, Colley, Crawford,
Gignilliatt, Hardeman, Harris, Hill, Hines, Holderness, Jack¬
son, Kellogg, Kenan, John M.'King, Lee, Long, McGahagan,
Miller, Mitchell, Moody, Murphey, Nickelson, Ridley, Smead,
Wilcox.
Those voting negatively are Messrs. Allen, Thomas F. An¬
derson, Chastain, Cone, Field, Hackett, Jones, Lewis, Martin,
McGreggor, Smith, Stell, Wofford.
So the bill was passed.
Mr. Hardeman asked and obtained leave of absence for a
few days, after to-day.
The Senate then adjourned until l'O o'clock, on Monday
morning.
MONDAY, December 1, 1845.
The Senate met pursuant to adjournment.
Mr. Jones presented the petition of sundry citizens of
Lowndes county, which was read and referred to the Commit¬
tee on Petitions.
Mr. Murphey reported a, bill for the admission of certain
evidence, in cases therein mentioned—which was read the first
time.
Mr. Ridley reported a bill to add an additional section to the
thirteenth division of the Penal Code of this State—which was
read the first time.
Mr. Willcox reported a bill to allow the late tax collector of
the county of Irwin his insolvent lists—which was read the
first time.
• Mr. Wofford, from the Committee on the Penitentiary, re¬
ported a bill to repeal so much of an act to revise, amend, and
consolidate the Rules for the government and police of the
Penitentiary of the State of Georgia, assented to 23d Decem¬
ber, 1840, as relates to requiring the Principal Keeper, In¬
spector and Book Keeper of said Institution to make out their
Reports in abstract form—which was read the first time.
Mr. Harris reported a bill to amend the fifth section of an
act for the establishing and regulating patrols, &c., approved
Nov. 18th, 1765.
SENATE.
133
Mr. Lewis presented the' following resolution, which was
taken up, read and agreed to:
Resolved, That the joint standing Committee on the Peni¬
tentiary be required to report to the-Senate, as nearly as may
be practicable, the average cost per year, delivered at the place,
for the last two years, of the various articles of subsistence
bought for the use of the convicts in the Penitentiary; the
prices paid for the articles of fuel, charcoal, pig iron, bar iron,
plank, designating the . quality and cheapness, wagon and car¬
riage spokes, soal and upper leather, raw hides and tan bark
by the cord.
And on motion of Mr. Wofford, Mr. Lewis was added to
the joint standing Committee on the Penitentiary.
Mr. Calhoun reported a bill to amend an act entitled an act
to compel parties plaintiff, in the several Courts of this State,
where the plea of usury" is filed to discover, on oath, the truth
or falsehood of the facts stated in such plea, or to allow the de¬
fendant, in case of. refusal by the plaintiff, to establish the facts
contained' in such plea, by his own oath, without a bill for dis¬
covery, passed 28th December, .1842; and also, to enable par¬
ties who have heretofore, or may hereafter, file the plea of usu¬
ry, the more effectually to sustain, by proof, such plea.
Which was read the first time, and referred to the Judiciary
Committee.
Mr. John M. King reported a bill to change the Court of
Ordinary and Land Courts in the county of Camden, to the
first Monday in January—which was read the first time.
The Senate took up, as the report of the Committee of the
Whole,
The bill for the relief of John J. Hamilton, receiver of tax
returns of Pulaski.
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 require tax collectors to assess and collect all coun¬
ty and other extra taxes, and to fix their compensation 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 to authorize the Sheriffs of the counties of Rabun,"
Habersham and Hall, to advertise their sales in the public ga¬
zette at Dahlonega.
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,
134
JOURNAL OF' THE
The bill for the relief of Elisha Burson, tax collector of the
county of Warren.
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 add lots of _land numbers fifty-five, of the fifth dis¬
trict and fourth section, and thirty-nine, of the fifteenth district
and fourth section of the county of Chattooga, to the county of
"Floyd, and to change the residence of certain persons 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 amendatory of an act incorporating the Talbot
Guards, a volunteer company in the county ©£ Talbot, assented
to 7th December, 1841.
The report was agreed to—the bill was read the third time,
and passed.
The Senate took .ub, as the report of the Committee of the
Whole,
The bill to authorize the Justices of the Inferior Court of the
county of Lowndes to appoint Commissioners to make titles to
lots sold in said county, and to sell unsold, lots.
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 explain the tenth section of an act passed on the
18th December, 1792, entitled an act to protect the estates of
orphans, &c.
The report was agreed to—the bill was read the third time,
and passed. i
The Senate took up, as the report of the Committee of the
Whole,
A bill to amend an act entitled" an act to regulate escheats in
' this State, and to appoint escheators, approved December 5,
1801, so far as relates to Chatham county.
The report was agreed to—the bill was read the third time,
and passed. 1
The Senate took up, as a report of the . Committee of the
Whole,
The bill to amend an act entitled an act to establish a general
system of education, by common schools, passed 23d December,
eighteen hundred and forty-three, so far as relates to Lowndes
county.
The report was agreed to—the bill was read the third time
and passed. '
SENATE.
135
The Senate took up, as the report of the Committee of the
Whole,
The bill to authorize the Justices of the Inferior Court of
Lumpkin 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 a report of the Committee of the
- Whole,
The bill to authorize and require the justices of the inferior
court of the county of Randolph to pay to John B. Seville,
a teacher of poor children, his account for teaching poor chil-
. dren, in the years 1838 and 1839, from the poor school or edu¬
cation fund, and to authorize the justices of the inferior court of
Stewart county to remunerate . Samuel Adams, for money paid
out by him for teaching poor children, under the common school
law of 1839.
The report was agreed to—the bill was read the third time,
and passed. '
The Senate took up, as a report of the Committee of the
Whole,
The bill to authorize and require the Justices of the inferior
courts, or a, majority thereof, of the counties of Telfair and Ir¬
win, to examine and allow to the tax collectors of said counties
their insolvent lists.
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 the rights and privileges of citizenship to Isa¬
bella Hicks and her children, of the Cherokee tribe of Indians,
and to remove all legal disabilities , heretofore imposed on said
tribe of Indians, so far as relates to the said Isabella Hicks and
her descendants.
Mr. Chastain offered the following amendment, as an addi¬
tional section—which was agreed to :
And be it further enacted by the authority aforesaid, That
Neely Justice, of the county of Chattooga, be, and he is-hereby
permitted to enjoy all the rights and privileges that appertain
to and belong to the free citizens of this State ; and that all
disabilities heretofore imposed upon persons of the Cherokee
tribe of Indians, so far as relates to the said Neely Justice, be,
and the same are hereby repealed; and that.the said Neely
Justice shall be liable to do and perform all and singular the
duties of citizens of Georgia.
The report, as amended, was agreed to—the bill was read
the third time, and passed.
On motion, the regular order was suspended, and
The Senate took up the following bills of the House of Rep¬
resentatives, which were read the first time :
136
JOURNAL OF THE
A bill to add the places of residence of William Burney,
Thomas P. Tatum, and William Lowrie, of Glynn county, to
the county of Wayne—also, the place purchased by James
Stafford from John Gibson, senr., in the county of Glynn, and
the place of residence of Timothy Arnett, in the county of Ap¬
pling, to the county of Wayne.
A bill to repeal an act to compensate the Grand and Petit
Jurors of the counties of Carroll and Dooly, and Petit Jurors
for the county of Jackson, assented to Dec. 23d, eighteen hund¬
red and thirty-nine.
A bill to amend an act passed in 1841, to give to all persons
employed on steamboats, and other water crafts, on the Chatta¬
hoochee, Altamaha and Ocmulgee rivers, a lien on said steam¬
boats or water crafts, for his, her, or their wages, and for wopd
and provisions furnished, and to point out and facilitate the
mode of the collection of the same, so far as to extend the pro¬
visions of the same; and to,include Flint river therein.
A bill to authorize and require the Justices of the Inferior
Court of Appling county, and their successors, or a majority
thereof, to judge of, and allow to the tax collectors of said coun¬
ty their insolvent lists.
A bill to incorporate the Rabun Turnpike Company, and to
grant certain privileges to the same.
A bill for the correction of errors in plats and grants.
A bill for the relief of John C. Hunter.
A bill for the relief of William H. Wade, of the county of
Early. ■
A bill to confer the rights of citizenship, in Liberty county,
upon certain residents of'Mcintosh county.
A bill to compensate persons who have rendered services in
taking the census of the State of Georgia during the year of
our Lord one thousand eight hundred and forty-five.
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 6ourt of Marion, and other counties
therein named, or a majority of them, to examine the insol¬
vent lists of the tax collectors of said counties.
Mr. William Q. Anderson offered the following amendment;
which was agreed to, to wit: the words, " and Wilkes."
The report, as amended, wa's agreed to—the bill was read
the third time, and passed.
The Senate took up, as a report of the Committee of the
Whole,
The.bill of the House of Representatives for the relief of
Samuel F. Jones, James W. Cunningham, and William Under-*
wood.
The report was agreed to—the bill read the third time, and
passed.
SENATE.
13?
The following message was received from the House of
Representatives, by Mr. Word, their Clerk :
Mr. President—The House of Representatives have concur¬
red in the several amendments of the Senate to the following
bills of the House of Representatives, to wit:
A bill to alter and* change the times of holding the Superior
and Inferior Courts of the county of Baldwin.
A bill to authorize John R. Bowman, of the county of
Greene, to plead and practice law in the several courts of law
and equity in this State, and to prescribe his liability touching
the same.
A bill to repeal an act entitled an act to consolidate the offi¬
ces of Receivers and Tax Collectors in the counties of Lump¬
kin, Gilmer, Tattnall, Union, Pulaski, Telfair, Walker, Chero¬
kee, Early, Rabun, Floyd and Paulding, assented to December
25th, 1837, so far as relates to the counties of Lumpkin and
WalkeL
They have also passed the following bills, to wit :
- A bill for the relief of Asa E. Thompson, administrator of
James Thompson, 'late of the county of Houston, from all lia¬
bility incurred by the said James, in his life time, as security of
Columbus Thompson, a minor.
A bill to alter apd change the times of holding the Superior
and Inferior Courts of the county of Muscogee.
A bill to repeal an act entitled an act to consolidate the offi¬
ces of tax collector and receiver of tax returns of the counties
of Forsyth, Carroll, Madison, Habersham and Ware, passed
27th December, 1838, so far as relates to the county of Madi¬
son.
A bill to change the dividing line between the counties of
Monroe and Crawford, so as to include the whole of the present
residence of Littleberry Lucas in the county of Crawford; also,
to add lot of land number eighty in the thirty-first district of
originally Lee, now Stewart county, whereon John Shaw now
resides, to the county of Marion; and also, to add the lot of
land whereon George D. Royston now lives, in the second dis¬
trict of the county of Baker, to the county of Lee.
They have also passed the following bill of Senate, to wit:
A bill to alter and amend the first section of an act to
change the names of certain persons therein mentioned, and to
legitimatize those persons whose names are so changed, and
to constitute Martha Beauchamp the legal heir arid represen¬
tative of Isaiah Parker, of DeKalb county, passed 22d De¬
cember, 1829.
The Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives to exempt James
Murray, and other persons therein named, from the several pro-
1S*
138
JOURNAL OF THE
visions of the acts of the General Assembly concerning ped-
lers, and to authorize them to engage in that business without
license.
Mr. Ridley offered the following amendment, which was
agreed to, to wit,:
" Mary Phillips, of the county of Troup." ■
Mr. Murphey offered the following amendmeent:
" Thomas H. Griffies, of the county of DeKalb."
Mr. Long offered the following amendment, which was
agreed to:
" Provided, They shall be restricted to their respective coun¬
ties wherein they reside."
Mr. Jones offered the following amendment, which was
agreed to:
" William C. Newbern, of Lowndes county."
Mr. Lee offered the following amendment, which was
agreed to : t
Cl And all the women of Coweta county that choose to ped¬
dle."
Mr. Crawford offered the following amendment:
" And all the invalids, in every county, who are unable to
work."
Mr. Calhoun moved the indefinite postponement of the bill
and amendments.
Which was carried.
The Senate took up, as the report of the Committee of the
Whole,
A bill of the House of Representatives to change the line
between the counties of Habersham and Hall, so as to add lot
No. 24, in the second district of the county of Habersham, to the
county of Hall.
The report was agreed to—the bill was read the third time,
and passed.
v The Senate took up, as the report of the Committee of the
Whole,
The bill of the . House of Representatives to change the
times of holding the Superior Courts of the county of Wilkes.
Mr. William Q,. Anderson offered the following amendment,
as an additional section, which was agreed to :
" And be it further enacted, That from and after the pas
sage of this act, the time of holding the Fall term of the Infe
rior Court for the county of Wilkes, shall be held 011 the firs.
Monday in November, of each year, instead of the fourth Mon¬
day in September."
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 of the House to authorize, his Excellency the Gov-
SENATE.
139
etnor to furnish arms and accoutrements to volunteer corps in
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 of House to reduce the Sheriffs' bonds of this
State, so far as relates to the county of Gilmer, and to regu¬
late the mode of taking 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 amend an act
to incorporate the Fire Company of ,the city of Columbus, to
be known by- the name and style of the Columbus Fire Com¬
pany Number One, assented to 2Sth December, 1843.
The report was agreed to—the bill was-read the third time,
and passed.
The Senate took up, as a report of the Committee of the
Whole,
The bill of the House of Representatives for the relief of
William P. Rembert, of Oglethorpe county.
The "report was agreed to—the bill was read the third time,
and passed.
The Senate took up, as a report of the Committee of the
Whole, '
The bill of the House of Representatives to alter and amend
the* 4th section of an act entitled an act to prescribe the man¬
ner of holding elections at the several election districts in the
several counties of this State, and to punish those who may
defeat or violate the election laws of force in this State, ap¬
proved December 23d, 1831.
The report was agreed to.
Mr. Cone moved to re-commit the bill to a Committee of the
Whole—which was lost.
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 alter and
amend an act to guard and protect the citizens of this State
against the unwarrantable .and too frequent use of carrying
deadly weapons, assented to December twenty-five, 1837.
The report was agreed to—and on the question " shall this
bill now pass," ^
The yeas and nays were required to be recorded, and are—
yeas 23, nays 16.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Wm. Q,. Anderson, Broaddus, Calhoun, Chastain, Colley,
140
JOURNAL OF THE
Curry, Harris, Hill, Hines, Jackson, Jones, Kellogg, John M.
King, Lee, Lewis, McGahagan, Miller, Murphey, Nickelson,
Ridley, Stell, Wofford.
Those voting negately are Messrs. Allen, Beall, Boynton,
Cone, Crawford, Field, Gignilliatt, Kenan, Wesley King, Long,
Martin, McGreggor, Mitchell, Moody, Smith Wilcox.
So the bill was passed.
The Senate took up, as the report, of the Committee of the
Whole,
The bill to compel the superintendents of elections held for
Governor, Members of Congress, Senators and Representatives
in the State Legislature, to file in the office of the Clerk of the'
Superior Court one list of the voters at said 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 of the House of Representatives for the relief of
Sarah Walton, of the county of Harris.
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
entitled an act to compensate one of the Justices of the Peace
who may be a superintendent of the elections held at the
several election precincts in the counties of Floyd and Walker,
assented to on the 18th day of December, in the year 1834.
The report was agreed to—the bill was read the thiid 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
introduction in evidence of certain copy executions, in certain
cases therein named.
And on motion of Mr. Kenan, the bill was referred to the
Judiciary Committee.
The Senate took up, as a report of the Committee of the
Whole,
The bill of the House of Representatives to amend the laws
of this State requiring the builders of public bridges to give
bond and security for keeping in repair the same, so far as re¬
lates to the county of Upson.
The report was agreed to—the bill was read the third time,
and-passed.
The Senate took up, as a report of the Committee of the
Whole,
SENATE.
141
The bill of the House of Representatives to repeal an act
compensating the Grand and Petit Jurors for the counties of
Habersham and Franklin, so far as relates to the county of
Habersham, assented to 23d December, 1837".
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
Sheriffs' bonds of this State, so far as relates to the county of
Hall.
The report was agreed to—the bill was read the third time,
and passed.
On motion of Mr. Kellogg, the order was suspended, and
the following resolution of the House of Representatives was
taken up, read and concurred in :
A resolution authorizing the Comptroller General to deliver
over to Absalom Thornton, former Sheriff of Forsyth county,
an execution, the State of Georgia against William Yaughn,
collector of the general tax of Forsyth comity for the year
1843.
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 Court of Pike county to levy an extra
tax on the citizens of said - county, for the purpose of paying
Petit Jurors of said county.
The report was agreed to—the bill was read the third time,
and passed.
Mr. Broaddus offered the following resolution, which was
taken up, read and agreed to :
Resolved, That the several bills to authorize persons to prac¬
tice law in this State, be referred to a select committee, consist¬
ing of three, for the purpose of being consolidated.
Messrs. Broaddus, Martin and Boynton were appointed that
committee. | .
On motion of Mr. Jackson,
The order was suspended, and the Senate took up the fol¬
lowing resolution of the House of Representatives:
Resolved by. -the Senate and House of Representatives of
the State of Georgia, in General Assembly convened, and it is
hereby resolved by the same, That his Excellency the Governor
be, and he is hereby authorized and requested to draw, in the
next quota of arms to be received by this State from the United
States, a battery of four Brass Six Pounders, complete, and to
place the same under the care and charge of the Chatham Ar¬
tillery, of Savannah, to be used by them. Provided, The Cap¬
tain of said company shall first give such good bond and secu¬
rity for the same as his Excellency may require.
142
JOURNAL OF THE
Mr. Miller offered the following amendment, which was
agreed to.
Resolved, That his Excellency the Governor he, and he is
hereby authorized and empowered to draw, in the next quota of
arms from the United States, and furnish the Augusta Artillery
Guards with sixty stand of Fusees, with the like number of
Cartridge Boxes, suitable .for carrying thirteen rounds each,
and the like number of light Buckskin Cross-belts, such as are
at present used in the United States Army, but not so heavy;
each gun to be furnished with bayonet, and to be of per¬
cussion locks, if practicable.
The resolution, as amended, was concurred in.
On motion of Mr. Miller, the order was suspended, and the
Senate took up the following resolution of the House of Rep¬
resentatives, which was read and concurred in:
Authorizing his Excellency the Governor to furnish the
Georgia Historical Society, Franklin College, Emory College,
Mercer University and Oglethorpe University, with two com¬
plete sets of the Journals of the Senate and House of Repre¬
sentatives.
The Senate took up the following bill, which was read the
second time, and referred to a Committee of the Whole:
A bill to amend the claim laws of this State.
Mr. Lee moved that the Senate do now adjourn, which was
lost.
The following bills were severally taken up, and read the
second time, and referred to a Committee of the Whole:
A "bill to authorize the issuing of grants to any ungranted
lots in the land lotteries of 1821 and 1827, and the Jand and
gold lotteries of 1832, where no provisions have heretofore
been made for granting.
A bill o add lot of land No. 118, in the 11th district of for¬
merly Muscogee, now Marion county, the residence of James
Layfield, to the county of Talbot.
A bill to authorize the sale of the ungranted lands in this
State.
Mr. Kenan moved an adjournment—which was lost.
The following bill was taken up, and read the second time,
and referred to a Committee of the Whole, to wit:
A bill to authorize the grant for lot of land No. 178, in the
13th.district of Dooly county, to issue to Elisha Smart, and to
vest the titles to said lot in him, his heirs and assigns, and to
correct and amend the lottery list of fortunate drawers, so far as
the drawer of said lot is concerned.
On motion, the Senate then adjourned mntil 10 o'clock, to¬
morrow morning.
senate.
143
TUESDAY, December 2, 1845.
The Senate met pursuant to adjournment.
Mr. Stell, from the Standing Committee on Petitions, to whom
was referred the petition of sundry citizens of Lowndes coun¬
ty, asking the Legislature for an appropriation to the amount
of the taxes of said county for the years 1846 and 1847, for the
purpose of clearing out and rendering navigable the Withlacoo-
chee river, from the town of Troupville to the Florida line, have
had the same under consideration, and, report:
That in consequence of the heavy pecuniary liabilities out¬
standing against the State, your committee is of the opinion
that it would be unwise and impolitic to grant the prayer ol the-
petitioners.
On motion of Mr. Cone, the report was taken up and agreed
to.
Mr. Calhoun offered the following resolution, which was ta¬
ken up, and referred to the Committee on Internal Improve¬
ments :
Resolved, That the Senators anff Representatives in Con¬
gress for this State be, and they are hereby respectfully request¬
ed to urge the Congress of the United States to cause such ex¬
aminations and enquiries to be made, as may enable them to
determine upon the propriety of establishing a'National Armo¬
ry and Foundery on the Chattahoochee riveig in this State, at
or near the city of Columbus.
"Mr. Wofford offered the following resolution, which was ta¬
ken up, read, and agreed to:
Resolved, That the President appoint a select committee on
the part of the Senate, to join such committee as may be ap¬
pointed on the part of the House of Representatives, to take in¬
to consideration the memorial of Howell Cobb, Esqr., of Hous¬
ton county, relative to a compilation of the Statutes of Georgia
in general use, with the forms and precedents required by them,
and that such committee have leave to report by bill or other¬
wise. The committee appointed were Messrs. Wofford, Harris
and Beall.
Mr. Miller, from the joint committee on the late census re¬
turns of this State, made a report—and on his motion, fifty cop¬
ies thereof ordered to be printed, for the use of the Senate.
Mr. Miller presented a memprial from sundry citizens of Au¬
gusta, against the incorporation of the Augusta Canal Compa¬
ny, and the legalizing certain Ordinances of the city of Au¬
gusta.
Mr. Ridley reported a bill to authorize Alex. H. Reese to erect
a mill dam from the Eastern bank to an Island in the bed of
the Chattahoochee river.'
Which was read the first time.
144
JOURNAL OF THE
Mr. Thos. F. Anderson, from the committee on consolidating
Election Precincts, reported a bill to establish additional elec<
tion precincts, and remove others already established, in certain
counties therein named, and to regulate the same.
Which was read the first time.
Mr. Stell offered the following resolution, which was taken
up, read and agreed to:
Resolved, That so much of his Excellency's biennial message
as relates to the choosing of the Electors of President and Yice
President of the United States, be referred to the Committee on
the Judiciary.
Mr. Miller, from the joint committee on -census returns, re¬
ported a bill to apportion the Representatives among the seve¬
ral counties in this State, according to the seventh section of the
first article of the Constitution.
Which was read the first time, and
On motion of Mr. Miller, fifty copies were ordered to be print¬
ed, for the use of the Senate.
Mr. Chastain offered the following resolution, which was ta¬
ken up, amended, and agreed to:
Resolved by the Senate and House of Representatives, That
his Excellency the Governor is hereby authorized and request¬
ed to transmit to the county of Murray, with the laws and jour¬
nals of the present session of the Legislature, seven copies qf
Prince's Digest, and seven copies of Green & Lumpkin's Geor¬
gia Justice, for the use of the officers of said county. Also, two
copies of Prince's late Digest, for the use of destitute districts
of Carroll county.
Mr. Jones reported a bill to authorize the Justices of the in¬
ferior court of Lowndes county to sell or dispose of all the
land in and about Franklinville which belongs to. said county.
Which was read the first time.
Mr. Kenan reported a bill to repeal so much of an act passed
3d December, 1839, as relates to the mode and manner of elect¬
ing clerk and marshal of the corporation of the city of Mil-
ledgeville—which was read the first time.
Mr. Broaddus had leave of absence granted for a few days.
The following message was received from the House of Rep-'
resentatives, by Mr. Word, their Clerk :
Mr. President—The House of Representatives have passed
the following bills, to wit:
A bill to repeal an act passed on the 25th Deer., 1837, con¬
solidating the offices of receiver of tax returns and tax collector
in the counties of Lumpkin, Gilmer, Tattnall, Union, Pulaski,
Telfair, Walker, Cherokee, Early, Rabun, Floyd and Paulding,
so far as relates to the counties of Cherokee and Tattnall.
A bill to authorize the justices of the inferior court of the
SENATE.
145
county of Murray to assess and levy an extra tax of twenty-
five per cent., for the purpose of building a jail.
A bill to prevent and remove obstructions in Flint river cal¬
culated to impede the free passage of fish, to appoint commis¬
sioners, and to punish those who may attempt to defeat the
same. (
A bill to change the name of Cassandra Fitzpatrick to that
of Cassandra Hill, and legitimatize the same, and for other
purposes therein contained.
A bill to relieve Alexander Means, of the county of Newton,
from the payment of a portion of tax improperly assessed
against him in said county for the year 1845.
A bill to authorize the justices of the inferior court of Ran¬
dolph county to levy an extra tax on the citizens of said coun¬
ty, for certain purposes.
A bill to alter and amend the road laws of this State, appro¬
ved the 19th December, 1818, so far as relates to. the county of
Randolph.
A bill to repeal an act entitled an act to compensate the
Grand and Petit Jurors of the Superior and Inferior Courts for
the counties therein named, so far .as relates to the county of
Randolph, passed On the twenty-third.day of December, 1837,
and to regulate thq mode of dividing the jury and .confession
fees between the jurors of said county of Randolph.
A bill to alter and amend (so far as relates to the county of
Troup,) the third section of an act entitled an act to alter and
amend the road laws of this State, approved 19th Deer., 1818.
A bill to raise a revenue for the city of Columbus, amenda¬
tory of an .act entitled an act to impose a special tax on the per¬
sons and property of the citizens of the city of Columbus, re¬
siding and being in the same, annually hereafter, and to pro¬
vide for the collection thereof, and to punish those who may
refuse or attempt to defeat the provisions thereof, assented to
10th December, 1841, and also to make provisions for the poor
-residing in said city.
A bill to alter and amend the third section of the second ar¬
ticle of the Constitution of this State.
The Senate took up the special order of the day, being
The bill to amend the several acts heretofore passed and now
in force, incorporating and relating to the Central Rail Road
and Banking Company of Georgia, and to authorize the said
Company to continue and extend its Rail Road from the coun¬
ty of Bibb to the Chattahoochee river, at or adjoining the city
of Columbus.
The question being on Mr. Cone's amendment to Mr. Stell's
amendment—and after much discussion thereon,
Mr. Miller moved that the Senate do now adjourn to three
o'clock, this afternoon.—which was. lost.
19
14(5
journal of the
Mr. Chastain then moved that the Senate do now adjourn
until ten o'clock, to-morrow morning.
Upon which motion, the yeas and nays were required to be
recorded, and are—yeas 14, nays 26.
Those voting affirmatively are Messrs. Calhoun, Chastain,
Colley, Field, Hackett, Harris, Hill, Kenan, John M. King, Lee,
McGreggor, Murphey, Smead, Stell.
Those voting negatively are Messrs. Allen, Thomas F. An¬
derson, Wm. Q, Anderson, Beall, Boynton, Cone, Crawford,
Curry, Gignilliatt, Hines, Holderness, Jackson, Kellogg, Wes¬
ley King, Lewis, Long, Martin, McGahagan, Miller, Mitchell,
Moody, Nickelson, Ridley, Smith, -Wilcox, Wofford.
So the Senate refused tp adjourn.
Mr. Kenan laid the following amendment on the table:
That the individual property of the stockholders shall be
bound and liable, in proportion to the amount of stock subscri¬
bed for, and that at no time shall the debts of said incorpora¬
tion, created under this act, amount to more than one half of
the stock subscribed. Provided, Nothing shall be so construed
as to restrict the borrowing of money upon bonds issued upon
the Rail Road from Savannah to Macon—the Road between
said cities being alone liable for their redemption.
, Mr. Cone moved to postpone the consideration of the report
and amendments until 10 o'clock, to-morrow morning—which
was carried.
Mr. Miller moved to adjourn until 3 o'clock, this afternoon.
Mr. Kenan moved to adjourn until 9 1-2 o'clock, to-morrow,
which was carried.
And the Senate adjourned accordingly.
WEDNESDAY, December 3, 1845.
The. Senate met pursuant to adjournment.
Mr. Harris asked and obtained leave of absence for a few
days.
Mr. Kellogg reported a bill to alter and amend an act enti¬
tled " an act to compensate the Grand and Petit Jurors of the
several counties therein named, and to provide for the payment
of the same," assented to the 23d Deer., 1837.
Which was read the first time.
SENATE.
147
On motion, the order was suspended, and Mr. Wofford offer¬
ed the following resolution, which was taken up, read and
agreed to':
Resolved, That his Excellency the Governor be requested to
communicate to this branch of the Legislature, the amount due
by the government of the United States on the military claims,
and whether the appropriations "made by Congress are suffi¬
cient to cover the whole amount due.
On motion of Mr. Kellogg,
The order was suspended, and the following bill of the House
of Representatives was taken up and read the second time, and
commited to a Committee of the Whole :
A bill for the correction of errors in plats and grants.
On motion, the order was suspended/and the following bills
of the Senate were taken up and read the second time, and re¬
ferred to a Committee of the Whole:
A bill for the admission of certain evidence in cases therein
mentioned.
A bill to add an additional section to the thirteenth division
of the Penal Code of this State.
A bill to allow the late tax collector of the county of Irwin,
his insolvent list.
A bill to repeal so much of an act to revise, amend and con¬
solidate the rules for the government and police of the Peniten¬
tiary of the State of Georgia, assented to 23d December, 1840,
as relates to requiring the Principal Keeper, Inspector and Book
Keeper of said Institution, to make out their reports in abstract
form.
A bill to amend the 15th section of an act for the establish¬
ing and regulating patrols, &c., approved Nov. 18, 1765.
A bill to change the court of ordinary and land courts in the
county of Camden, to the first Monday in January.
A bill to authorize Alexander H. Reese to erect a mill dam
from the Western bank to an Island in the bed of the Chatta-
♦hoochee river.
A bill to establish additional election precincts, and remove
others already established, in certain counties therein named,
and to regulate the same.
A bill to authorize the justices of the inferior court of Lowndes
county to sell or dispose of all the land in and about Franklin-
ville, which belongs to said county. .
A bill to repeal so much of an act passed 3d December, 1839,
as relates to the mode and manner of electing clerk and mar¬
shal of the corporation of the city of Milledgeville.
The Senate took up the special order, being
The bill to amend the several acts heretofore passed and now
of force incorporating and relating to the Central Rail Road and
Banking Company of Georgia/and to authorize the said Com¬
pany to continue and extend its Rail RnaH from the cpun-
148
JOURNAL OF THE
ty of Bibb to the Chattahoochee river, at or adjoining the
city of Columbus.
The question being on Mr. Cone's amendment to Mr. StelFs
amendment,
Mr. Lewis laid on the table the following amendment, to
wit:
Regular minutes shall be kept of all meetings of the Direc¬
tion and of the acts there done; and the Direction shall not ex¬
ceed, in their contracts, the amount of the capital of the corpo¬
ration ; and in case they shall do so, the President and Direct¬
ors who are present at the meeting at which such contract or
contracts, so exceeding the capital, shall be made, shall be joint¬
ly and severally liable, for the amount of the excess, both to
the contractor or contractors, and to the corporation.
And after much discussion on the main question, to wit, on
Mr. Cone's amendment,
A motion was made to strike out all after the enacting words
in Mr. Stell's amendment.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 24, nays 17.
Those voting affirmatively are Messrs. Allen, Wm. Q,. An¬
derson, Boynton, Calhoun, Colley, Cone, Crawford, Curry,
Gignilliatt, Hardeman, Hines, Holderness, Jackson, Kenan,
John M. King, Wesley King, Long, McGahagan, Miller, Mitch¬
ell, Moody,. Murphey, Nickelson, Ridley.
Those voting in the negative are Messrs. Thomas F. An¬
derson, .Beall, Chastain, Field, Hackett, Hill, Jones, Kellogg,
Lee, Lewis, Martin, McGreggor,.Smead, Smith, Stell, Wilcox,
Wolford.
So the Senate agreed to strike out.
The question then recurred on the motion to receive Mr.
Cone's amendment.
On which motion, the yeas and nays were required to be re¬
corded, and are—yeas 17, nays 24.
Those voting affirmatively are Messrs. Allen, William Q.
Anderson, Boynton, Calhoun, Colley, Cone, Gignilliatt, Harde¬
man, Hines, Holderness, Jackson, John M. King, Wesley
King, Miller, Mitchell, Murphey, Nickelson.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Chastain, Crawford, Curry, Field, Hackett, Hill, Jones,
Kellogg, Kenan, Lee, Lewis, Long, Martin, McGahagan, Mc-
Greggor,Moody, Ridley, Smead, Smith, Stell, Wilcox, Wofford.
So the Senate rejected the amendment.
The question then recurring on Mr. Kenan's amendment,
SENATE.
149
Mr, Cone moved to strike out the proviso thereto—which
was agreed to.
Mr. Kenan's amendment as amended, was then agreed to.
The report of the Committee of the Whole, 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 29, nays 12.
Those voting affirmatively are Messrs. Allen, William Q.,
Anderson, Boynton, Calhoun, Chastain, Colley, Cone, Craw¬
ford, Curry, Gignilliatt, Hardeman, Hines, Holderness, Jack¬
son, Jones, Kenan, John M. King, Wesley King, Lewis, Long,
MtGahagan, Miller, Mitchell, Moody, Murphey, Nickelson,
,Ridley, Smead, Smith.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Field, Hackett, Hill, Kellogg, Lee, Martin, McGreggor,
.Stell, Wilcox, Wofford,
So the bill was passed.
The President presented the communication of the Director
of the Central Bank of Georgia, responsive' to a resolution of
the Senate, calling upon him for information in relation to com¬
missions.paid to attorneys, &e.,
Which, on motion, was referred to a' select committee con¬
sisting of Messrs. Martin, Calhoun, Stell, Crawford and Wof¬
ford.
The following message-was received from the House of
Representatives, by Mr. Word, their Clerk :
Mr.. President—The House of Representativesjiave sever¬
ally concurred in the amendments of Senate to the following
bills of the House of Representatives, to wit:
A bill to change the time of holding the Superior Courts of
the county of Wilkes.
A bill to authorize the Justices of the Inferior Court of the
county of Marion, and other counties therein named, or a ma¬
jority of them, to examine the insolvent list of the tax collectors
of said counties.
They have also concurred in the amendment of the Senate
to the resolution of the House of Representatives authorizing
his Excellency the Governonto draw, in the next quota of arms,
from the United States, four brass six pounders, and to place
the same under the charge of the Chatham Artillery, of Savan¬
nah.
They have also passed the following bills of the Senate, to
wit:
150
JOURNAL OF THE
A bill to amend the law relating to surveys on head rights,
warrants, <fcc.
A bill to amend and alter an act entitled an act to incorpo¬
rate the Savannah Institution for Savings.
A bill to alter the time of holding the Inferior Court in the
county of DeKalb, and to legalize and make valid all writs,
executions and other processes returnable to said Court, at its
terms as established by this act.
And they have passed the following bills, to wit:
A bill to authorize his Excellency the Governor to cause a
grant to be issued to James Bush, of the county of Early, for
lot No. 100, in the sixth district of said county.
A bill to aniend the estray laws of this State, so far as relates
to the time of advertising and tolling "horned cattle, sheep,
goats, or hogs, before they are sold, assented to December 20th
1S23.
A bill to render legal and valid the adoption of Rose Anna
McHugh by Robert Raiford, and to confer upon her the privi=
leges and rights of'his legitimate child.
- A bill to appropriate money in cases of overpayments at the
Treasury.
A bill to audit the claims -of certain attorneys at law, retain¬
ed and employed by the State of Georgia in the prosecution of
writs of quo warranto against certain defaulting Banks, and to
provide for the payment of the same.,
A bill to repeal an act to alter and amend the several acts for
the government of the city of Macon, assented to the 8th day of
December, 1841, so as to vest the appointment of Marshal for
said city in the Mayor and Council, instead of his being elect¬
ed by the people, assented to on the 26th day of December,
1S42, and to provide for the election of a Marshal and Deputy
in and for said city.
A bill to authorize and require the Justices of the Inferior
Court of the county of Marion, or a majority of them, to draw
a Grand and Petit Jury in said county.
A bill to repeal the second section of an act entitled an act to
change the times of holding the inferior courts in the county of
Sumter, and the superior and inferior courts in the county of
Stewart, and to regulate the manner of adjourning the inferior
courts of Stewart county, assented to the 7th day of December,
1S41, and to change and fix the time of holding the inferior
courts in said county of Stewart.
A bill to add the residence and premises of John McCurdy,
senr., now of the county of Walton, to the county of Gwin¬
nett, and the plantation of John Freeman, of the county of
Madison. .
A bill to amend the corporation laws of the village of Ruck-
ersvilie, in the county of Elbert, passed in the year eighteen
hundred and twenty-two.
senate.
' i
151
A bill to authorize William Roseoe Gorman, of the county of
Talbot, to plead and practice law in the several courts of law
and equity in this State, 011 certain conditions therein ex¬
pressed.
A bill to alter and amend an act entitled an act to incorporate
the village of Jefferson, in the county of Jackson, assented to
Deer. 24th, 1833, so far as relates to the appointing of five com¬
missioners for the same, and extending the corporate limits
thereof.
On-motion, the regular order was suspended, and
Mr. Murphey presented a petition of sundry citizens of -this-
State, praying the creation of a new county from the counties
of Hall, Jackson, Walton and Gwinnett—which, on motion,
was referred to a select committee, consisting of Messrs. Kel¬
logg, Wofford, Murphey, T. F. Anderson, and Hill.
On motion, the Senate adjourned until 10 o'clock, to-morrow
morning.
THURSDAY, December 4, 1845.
The Senate met pursuant to adjournment.'
Mr. Stell moved to reconsider so much of the journal of
yesterday as relates to the passage of the bill to amend the sev¬
eral acts heretofore passed and now in force, incorporating and
relating to the Central Rail Road and Banking Company of
Georgia, and to authorize the said Company to continue and
extend its Rail Road from the county of Bibb to the Chatta¬
hoochee river, at or adjoining the city of Columbus.
Upon which motion the yeas and nays were required to be
recorded, and are—yeas 14, and nays 26.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Chastain, Field, Hackett, Hill, Jones, Kellogg, Mar¬
tin, McGreggor, Smith, Stell, Wilcox, Wofford,
Those voting negatively are Messrs. Allen, Wm. Q,. Ander¬
son, Boynton, Brown, Calhoun, Colley, Cone, Crawford, Gignil-
liatt, Hardeman, Hines, Holderness, Jackson, Kenan, John M.
King, Wesley King, Lewis, Long, McGahagan, Miller, Mitch¬
ell, Moody, Murphey, Nickelson, Ridley, Smead.
So the Senate refused to reconsider.
On motion of Mr. Martin^
m
70URISAL OF THE
Leave of absence was granted to Mr. Lee, on. account of in¬
disposition.
On motion of Mr. Stell, he had leave to change his vote of
yesterday, on the passage of the bill to amend the several acts
heretofore passed, and now in force, incorporating and relating
to the Central Rail Road and Banking Company of Georgia,
&c., from the affirmative to the negative.
Mr. Hardeman presented the Presentments of the Grand Ju¬
ry of Putnam county, in relation to the law of this State in re¬
gard to interest—which was read.
Mr. Stell reported a bill to provide for the appointment of a
Committee to examine into the condition of the Treasury in
thosp years wlien there shall be no session of the Legislature,
and to repeal so much, of a certain act therein specified as con¬
flicts with the provisions of this act.
Which was read the first time.
Mr. Bell reported, the following bill:
A bill more effectually to provide for the collection and dis¬
bursement of fines imposed by Courts of Enquiry.
Which was read the first time.
Also, a bill to-define the dtities of the Division and Brigade
Inspectors, to regulate their pay, and for other purposes..
Which was read the first time.
Mr. Wofford offered the following preamble and resolution:
Whereas, A. J. Williams, of the county of Gilmer, became
the purchaser of lot of land No. 212, in the 12th district of the
2d section—
And whereas, the said Williams having heard that the grant
to said lot had not been taken out, and that it had' reverted to
the State, he applied to the Surveyor General in the month of
August, 1845, to know if said grant was taken out, that he
might grant the said lot at the sum of twenty-five dollars af¬
ter the first of September, if it was not granted, and thereby
obtained a good title to the-same—
And- whereas, the Surveyor General informed the said Wil¬
liams that the said lot had, been granted in Sept., 1842, and the
said Williams, relying on the information of the Surveyor
General, did not further examine into the facts, and the lot not
being granted, as represented by the Surveyor General, the
same was afterwards granted by another individual—
Resolved, therefore, by the Senate and House of Representa¬
tives of the State of Georgia,. That his Excellency the Gov¬
ernor be-, and he is hereby authorized and required to draw his
Warrant on the Treasurer in favor of A. J. Williams, for the
sum of dollars, and that the same be inserted in the-
general appropriation bill.
On motion of Mr. Kenan,
The order was suspended, and the Senate took up, as the
report of the Committee of the Whole,
SENATE.
153
A bill to repeal so much of an act passed 3d December, 1839,
as relates to the mode and manner of electing Clerk and Mar¬
shal of the corporation of the city of Milledgev'ille.
Mr. Murphey presented the petition of sundry citizens of Mil-
ledgeville, against its passage. ■
The report was agreed to—the bill was read the third time,
and passed.
Mr. Kenan moved that the bill be forthwith carried to the
House of Representatives—which was lost.
IWr. William d. Anderson, from the Committee oil Public
Education, to whom was referred so much of the Governor's
message as referred to public education and poor schools, (in
the absence of the chairman,) reported the following bill:
A bill to amend an act entitled an act to amend an act enti¬
tled an act to provide for the education of the poor, and repeal
the 3d and 4th sections of said act, assented to 27th Dec., 1843,.
and to distribute to the several counties in this State, the. fund
in the Treasury known as the poor school fund, consisting of 'two
thousand six hundred and thirty shares of the capital stock of
the Banks of the State of Georgia and Augusta, and to distrib¬
ute to the several counties of this State, the dividend arising
from said fund for the year 1845.
Which was read the first time.
Mr. Boynton reported a bill to compel persons who are not
citizens of the counties of Randolph and Stewart, but who own
plantations and negroes in said counties,' to give in and pay tax
on said property in said counties of Randolph and Stewart re¬
spectively—which was read the first time.
Mr. Cone, from the Committee to whom was referred so
much of the Governor's communication as relates to the Arse¬
nal at the city of Savannah, made a report, recommending the
appropriation of fifteen hupdred dollars to repair that building.
Accompanying which, was the following resolution: ,
Resolved\ That the said amount of fifteen hundred dollars be
inserted in the appropriation bill, to be expended, under the di¬
rection of his Excellency the Governor, for said repairs.
Mr. Chastain, from the Committee on Enrollment, reported
as duly enrolled, and signed, by the Speaker of the House of
Representatives, the following acts, to wit:
An act to extend the time for taking out grants for lands here¬
tofore surveyed on head rights and bounty warrants.
An act to regulate the mode of taking Sheriffs' bonds in this
State, so far as relates to the county o£ Union.
An act for the relief ofBurwell J. Wynn, of the county of
Hancock.
An act to repeal an act to consolidate the offices of Receivers
and Tax Collectors in the counties of Lumpkin, Gilmer, Tatt¬
nall, Union, Pulaski, Telfair, Walker, Cherokee, Early, Rabun,
20*
154
JOURNAL OP THE
Floyd and Paulding, assented to December 25th, 1837, so for
as relates to the comities of Lumpkin and Walker.
An act to change the times of holding the Superior and Inferi¬
or Courts of the county of Baldwin. >
An act to repeal an act compensating the Grand and Petit
Jurors for the counties of Habersham and Franklin, so far as re¬
lates to the county of Habersham, assented to 23d December,
1837.
An act to amend the charter of the Chattahoochee and Flint
River Steamboat Company, incorporated and approved Deer.
23d, 1836.
An act to reduce the Sheriffs' bonds of this State, so far as
relates to the county of Hall.
An act to authorize John R. Bowman, of the county of
Greene, and George C. Smith, of the county of Elbert, to
plead and practice law in the several courts of law and equity
in "this State, and to prescribe their liabilities touching the
same. >
Mr. Allen offered the following resolution:
Resolved, That Drury B. Cadp and Robert W. Terrell, of Li¬
bert county, James Jennings add Nicholas G. Barksdale, of
Lincoln county, and Moody Burt and Samuel Crump, of Co¬
lumbia county, be, and they are appointed Commissioners for
Savannah river, between the mouth' of Lightwood Log Creek
and Augusta, with authority to receive from the Governor a
Warrant on the Treasury for any balance of appropriation here¬
tofore made, and the same to be expended on said river be¬
tween Augusta and Petersburg, as heretofore contemplated, on
filing their bonds, with security, as heretofore provided.
Mr. Cone offered the following amendment to the resolu¬
tion :
That Clem Powers, Andrew Bird and John Deloach, hereto¬
fore appointed Commissioners, have authority to receive a War¬
rant upon the Treasury for any balance of appropriation here¬
tofore made for the improvement of the navigation of the Skid-
away Narrows, upon their giving bond and security to the
Governor for the faithful application of said balance.
Which was agreed to.
Mr. Cone moved to lay the original arid amendment on the
table for the present—which was carried.
Mr. Jackson, from the Committee on the State of the Repub¬
lic, made the following report,, which was taken up* read, and
agreed to,.to wit:
The Committee to whom was referred certain Legislative re¬
solves of Massachusetts, proposing an alteration in the Consti¬
tution of the United States, so as to apportion Representation in
Congress and direct taxes, among the several States, in propor-
SENATE.
155
tion to their respective numbers of free white persons, exclusive
of Indians not taxed,—beg leave to offer the following report :
Whilst your Committee dissent from the proposition to alter
the Federal Constitution, as proposed by the Legislature of Mas¬
sachusetts, they would express their regret that the citizens of
that State have ventured; by legislative action, to adopt a series
of resolutions so much at variance with the compromises of the
Constitution, and so materially destructive of the interests and
happiness of the Southern portion of our Confederacy.' And
such resolves are, in the opinion of this Legislature, but the
sickly effusion of a blind fanaticism, produced in an ignorance
of the character of Southern institutions, and a total disregard
for the integrity of the Union. ~ -
Therefore be it resolved by the Senate and House of Repre¬
sentatives of the State of Georgia, That the Constitution of the
United States is the foundation upon which rests the Union of
these States; and the Federal basis of Representation, secured
in that instrument, was the result of concession and compromise
among the members of the Convention that formed it; and any
attempt to alter the basis of representation as proposed in the
Constitution, would be a gross violation of the faith which was
pledged upon its adoption.
And be it further resolved, That the Legislature of Massa¬
chusetts, by the recent action had upon this subject, has, in an
organized form, placed herself, in the opinion of this Legisla¬
ture, in an attitude well calculated to* disturb the compromises
of the Constitution, and to encourage the fanatical crusade
against the rights of their Southern brethren, and well adapted'
to create serious apprehension' as to the perpetuity of the
Union.
And be it further resolved, That his Excellency the Govern¬
or be requested to transmit a copy of the above preamble and
resolutions to each of our Senators and Representatives in Con¬
gress, and to the Executive of the United States, and to each of
the Governors of the several States.
The following message • was received from the House of
Representatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have passed
the following bills, to wit:
A bill to pardon Henry Jones.
A bill to alter and amend an act entitled an act to incorpo¬
rate the town of Thomaston, and to make permanent the seat
of justice in the county ,of Upson, passed on the eleventh day
of June, 1825, and to define the duties and powers of the com¬
missioners of said town.
They have also unanimously agreed to a resolution relative
to a direct daily mail route between the cities of Savannah and
Charleston.
156
JOURNAL OF THE.
To which they ask the concurrence of this branch of the
General Assembly.
On motion of Mr. Hackett, the.order was suspended, and the
following bill of the House of Representatives was taken up,,
and read the second time, and referred to a Committee of the
'Whole,, to wit:
A bill to compensate persons, who have rendered services in
taking the Census of the State of Georgia, during the year of
our Lord one thousand eight hundred and forty-five.
On motion, the order was suspended, and the Senate took up
the following bill of the House of Representatives, which was
read the first time :
A bill to. pardon Henry Jones,.
And on motion, fifty copies of the evidence in-this case, were-
ordered to be printed, for the use of the Senate.
Mr. Kellogg, from the select committee to whom was refer¬
red the petition of a number of citizens in regard to the forma¬
tion of a new comity'from the counties of Gwinnett, Jackson,
Hall and Walton, made the following report:
The select committee to whom was referred the petition of
sundry citizens praying the formation of a new county out of
parts of the counties of Gwinnett, Hall, Jackson and' "Wal¬
ton, have had •the same under consideration, and report unfa¬
vorably to the formation of said new county.
The report, on motion, was taken up, and agreed to.
On motion, the order was suspended, and the Senate took up,,
as the report of the Committee of the Whole,
A bill to allow persons applying for a grant or grants to re¬
verted lots,, under the act of 1843, to file an affidavit of
their intention to settle the lot applied for, and to give prefe¬
rence to such applicants.
Mr. Cone moved to amend, by adding—
Provided, the original drawer shall have the, preference in-
all cases—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 24, nays 14.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Chastain, Colley, Cone, Field, Hackett, Hardeman,.
Hill, Jackson, Jones, Kellogg, John M. King, Lewis, Long,
Martin, McGahagan, McGreggor, Moody,. Murphey, Smith,
Stell, Wilcox, Wofford.
Those voting negatively are Messrs. Allen, William Q.. An¬
derson, Boy at on, Brown, Calhoun, Crawford, Curry, Gignilliatt
Hines, Wesley King, Miller, Mitchell, Nickelson, Ridley.
So the bill was passed.
SENATE.
157
On motion of Mr. Jackson, the order was suspended, and the
Senate took up the resolution of the House of Representatives,
instructing our Senators and requesting our Representatives in
Congress, to urge upon the Postmaster General the necessity of
having the daily mail line, by means of steamboats, re-estab¬
lished between Charleston and Savannah.
And on motion of Mr. Crawford, the resolutions were amend¬
ed, by striking out " be instructed"—upon which motion, there
being a tie, the President gave the casting vote to strike out.
So the motion prevailed.
The resolutions, as amended, were then concurred in.
The special order being taken up, being the resolutions in re¬
lation to the Tariff and Texas,
Mr. Jackson moved that it be postponed until Thursday next,
and be made the special order' of that day.
Which was carried.
Mr. Jackson presented the memorial of sundry young men
of the city of Savannah, praying to be incorporated under the
name and style of the Oglethorpe Fire Company.
Which, on his motion, was referred to a select committee, con¬
sisting of Messrs. Jackson, John M. King, and Kenan.
On motion, the order was suspended, and the following bill
of Senate was taken up and read the second time, and referred
to a Committee of the Whole:
A bill to alter and amend an act entitled an act to compen¬
sate the Grand and Petit Jurors of the several counties herein
named, and to provide for the payment of the same, assented
to the 23d December, 1837.
On motion, the order was suspended, and the following bill
of the House of Representatives was taken up and read the
first time: .
A bill to alter and amerid an act entitled an act to incorpo¬
rate the town of Thomaston, and to make permanent the seat
of justice in the county of Upson, passed on the eleventh day
of June, 1825, and further to define the duties and powers of
the commissioners of said town.
On motion, the order was suspended, and the following bills
of the House of Representatives were taken up and read the
second time, and referred to a Committee of the Whole :
A bill- for the relief of the Bank of Milledgeville.
A bill to authorize administrators, executors or guardians,
to exercise discretion in selling lands which may be divided by
county lines.
A bill to confirm and make valid a sale of a lot of land in
the town of Bainbridge, and to authorize the Trustees of the
Decatur county Academy to execute a deed of conveyance to
Alexander A. Allen, or his assigns, and to appoint an additional
Trustee for said Academy.
15S
JOURNAL OF THE
A bill to exempt the Commissioners of Public Roads, in the
county of Chatham, from the performance of patrol duty.
A bill to grant the rights and privileges of citizenship to
George Michael Lavender, a descendant of the Cherokee tribe
of Indians, a citizen of the county of Coweta, and to establish
and legalize the name of the said person, as George Michael
Lavender, and to remove all legal disabilities heretofore impo¬
sed, and to compel him to do and perform all the duties of a
free white citizen.
A bill to authorize the Justices of the Inferior Court of Floyd
county, and their successors in office, to assess an extra tax on
the citizens of said county, for the purpose of paying for the
public buildings of said county, and to compensate William A.
Moore, County Surveyor of said county, for aiding in running
a line, bet ween the counties of Floyd and Chattooga.
A bill for the relief of Robert P. Dickerson, of the county of
Elbert.
A bill to amend an act entitled an act to amend the road and
patrol laws of this State, so far as relates to the county of Ef¬
fingham, assented to on the 9th day of Deer., eighteen hund-.
red and forty-three.
A bill to relieve Sylvanus W. Burney and Allen Cochran,
from the payment of a portion of a note held by the Central
Bank against them, and for other purposes therein mentioned.
A bill to authorize David Ross, of the county of Putnam, to
erect a mill dam across the Oconee river, at or near the Long
Shoals.
A bill to incorporate the Mechanics' Benevolent Society, of
the city of Savannah.
A bill to alter the nineteenth section of the first article of the
Constitution.
A bill to prohibit lessors in ejectment being made parties
plaintiff without their consent.
A bill for the relief of James D. Hudson, and to make valid
and binding a marriage between himself and. Martha A. E,
Greene.
A bill to pardon Charles Jones, of the county of Lumpkin.
A bill to add the places of residence of William Burney,
Thomas P. Tatum, and William Lowrie, of Glynn -county, to
the county of 'Wayne—also, the place purchased by James
Stafford from John Gibson, senr., in the county of Glynn, and
the place of residence of Timothy Arnett, in the county of Ap¬
pling, to the county of Wayne.
A bill to repeal an act to compensate the Grand and Petit
Jurors of the comities of Carroll and Dooly, and Petit Jurors
for the county of Jackson, assented to Dec. 23d, eighteen hund¬
red and thirty-nine.
A bill to amend an act passed in 1841, to give to all persons
employed on steamboats, and other water crafts, on the Chatta-
senate.
159
hoochee, Altamaha and Ocmulgee rivers, a lien on said steam¬
boats or water crafts, for his, hfer, or their wages, and for wood
and provisions furnished, and to point out and facilitate the
mode of the collection of the same, so far as to extend the pro¬
visions of the game, and to include Flint river therein.
On motion, the Senate then adjourned until 10 o'clock, to¬
morrow morning.
FRIDAY, December 5, 1845.
The Senate met pursuant to adjournment.
Mr. WofFord moved a reconsideration of so much of the
journals of yesterday as relates to the passage of the bill to re¬
peal so much of an act passed 3d of December, 1839, as re¬
lates to the mode and manner of electing Clerk and Marshal
of the corporation of the city of Milledgeville.
On which motion, the yeas and nays were required to be re¬
corded, and are—yeas 23, nays 16.
Those voting affirmatively are Messrs. Allen, ► Thomas F.
Anderson, Beall, Chastain, Colley, Cone, Field, Hackett, Hill,
Holderness, Jackson, Jones, Kellogg, John M. King, Lee, Lew¬
is, Martin, McGreggor, Murphey, Smith, Stell, Wilcox, Wof-
ford.
Those voting negatively are Messrs. Wm., Q,. Anderson,
Boynton, Brown, Calhoun, Crawford, Gignilliatt, Hardeman,
Hines, Kenan, Long, McGahagan, Miller, Mitchell, Nickelson,
Ridley, Smead.
So the Senate agreed to reconsider.
Mr. Smead presented, a petition of sundry citizens of Ma¬
rion county, which being on the same subject matter of a for¬
mer one, was referred to the same select committee, consisting
of Messrs. Smead,;Calhoun and.Boynton.
Mr. Cone reported a bill in relation to public officers and
their sureties, which was read the first time.
Mr. John M. King reported a bill to repeal an act assented
to December 23d, 1830, giving the sum of three dollars to each
of the superintendents of elections in the several counties of
the Eastern Circuit, except the county of Bulloch, so far as
relates to the county of Wayne, which was read the first
time.
160
JOURNAL OF THE
Mr. Martin reported a bill to authorize Eustace Speer to plead
and practice law in the several courts of this State, upon cer¬
tain conditions therein prescribed, which was read the first
time.
Mr. Cone reported a bill to establish and make permanent
the place of holding Justices' Court in the (41) forty-first dis¬
trict in the county of Tattnall, which was read the first time.
The President being informed' by the Chairman of the
Committee on Enrollment of the House of Representatives,
that that branch of the General Assembly had unanimously
agreed to change the caption of the bill of the House of Rep¬
resentatives " to extend the time for taking out grants for lands
heretofore surveyed on head rights and bounty warrants," by
inserting the words, " and to authorize the Justices of the In¬
ferior Courts to sign land warrants, and to legalize warrants
that have heretofore been signed by a Justice of the Inferior
Court." And his Excellency the Governor having intimated
his refusal to assent to the bill, on account of a variation be¬
tween ,the caption and the body thereof—
It was therefore unanimously ordered by the Senate, that
the title of said bill be altered by inserting the said words in the
caption thereof, to wit:
"And to authorize the Justices of the Inferior Courts fo sign
land warrants, and to legalize warrants that have heretofore
been signed by a Justice of the Inferior Court."
Mr. Ridley offered the following preamble and resolution,
which were taken up and read:
Whereas, the great Northern and Southern Mail between the
cities of New York and New Orleans is now opened daily at
LaGrange, Georgia; and, whereas, there are many 'post offices
that should be supplied with additional mail facilities from La
Grange, Georgia-
He it therefore resolved by the Senate and .House of Rep¬
resentatives of the State of Georgia, in General Assembly met,
That our Senators and Represntatives in Congress be request¬
ed to have established, by law, the following mail routes, and
to increase the present service on others, to wit:
From LaGrange, Georgia, via Hollis' Ferry, Fredonia and
Oselichee, to Chambers Court House, Alabama, 25 miles, and
back, twice a week, on horse back.
From LaGrange, Georgia, via Vernon, Weadkee and Roan¬
oke, to Wedowee, Alabama, 35 miles, and back, once a week,
on horse back.
From LaGrange, Georgia, via Houston, to Franklin, Geor¬
gia, 20 miles, and back, once a week, on horse back.
From LaGrange, Georgia, via White Sulphur Springs and
Warm Springs, to Talbotton, 25 miles, and back, once a week,
on horse back.
SENATE.
2.61
From LaGrange, Georgia, via Frost's Cross Roads, Whites-
ville and Mulberry Grove, to Columbus, Georgia, 43 miles, and
back, once a week, on horse hack.
Also, to increase the service on Route 3,295, from Covington,
via Griffin, to LaGrange, to run daily on that portion of said
Route between Griffin and LaGrange, in connection with the
Mpnroe and Central Rail Road Companies, and to connect, at
LaGrange, with the Express Mail Line, so as to have a daily
mail communication between the cities of Montgomery, Ma¬
con and Savannah, Georgia.
And he it further, resolved., hy the authority aforesaid, That
a copy of these resolutions he transmitted, by his Excellency
the Governor, to each of our Senators and Representatives in
Congress, soliciting, at the same time, their .attention to the
same. ' '
Mr. Calhoun offered the following amendment, as an addi¬
tional resolution:
Resolved, further, That the said Senator's and Representa¬
tives be requested to have established, by law,' such an arrange¬
ment for the transportation of the Eastern and Western Mails
to and from Columbus, as will give to said city their mails as
early as they are received at LaGrange.
The 'amendment was agreed to, and the 'resolution, as
amended, was agreed to.
Mr. Miller offered the following resolution, which .was taken
up and read:
Resolved by the Senate and Houge of Representatives of the
State of Georgia, in Gerteral' Assembly met, That his Excel¬
lency the Governor be, and he is hereby requested to have
printed biennially, hereafter, for the use of the General Assem¬
bly, and in advance of the session thereof, two hundred copies
each of the reports of the Treasurer and Comptroller General,
(including but one list of warrants drawn on the Treasurer)
and of, the Principal Keeper of the Penitentiary, for the pre¬
ceding two years.
Resolved, further, That in the printing of the Acts of the
General Assembly, hereafter, his Excellency' the Governor
shall cause only those Resolutions to he printed which, in his
opinion, are of general utility.
Mr. Thomas :F. Anderson moved to strike out the last reso¬
lution—which was lost.
And the resolutions were agreed to.
Leave of absence was granted to Messrs. Moody and Cur-
ky, for a few days.
Mr. Lewis, from the Committee on Finance, made the fol¬
lowing report, which was taken up, read and agreed to, to
wit:
OJ
162
JOURNAL OF THE
The Committee 011 Finance, to whom was referred a hill to
authorize the Justices of the Inferior Court of Wilkinson coun¬
ty to retain the taxes of said county for. the year 1846, have
had the same under consideration, and recommend that the bill
be rejected. •
Mr. Lewis, from the Committee on Finance, also made the
following report:
The Committee 'on Finance, to whom was referred the me¬
morials of the Bank of the State of Georgia and the Planters'
Bank of the State of Georgia, have had the same under con¬
sideration, and report, that in as much as the assets of the Bank
of Darien which have been placed in the custody and'control
of the Central Bank, being now in a train of collection find
adjustment, it is therefore the opinion of your Committee that
no-legislation should be'had thereon at the present session.
On motion of Mr. Ridley, the order was suspended, and
< The Senate took up, as the, report of the Committee of the
Whole,
The bill of the House to compensate persons who have ren¬
dered services in taking the census of the State of Georgia,
during the year 1845.
The report was agreed to—the bill was read- the third time
and passed.
, And the Secretary was directed to return the same to the
House, immediately.
The order was also suspended, and the following bill of the
House was taken up, and read the second time, referred to a
Committee of the Whole, and made the special order for to¬
morrow, to wit: *
A bill for the pardon of Henry Jones.
On motion of Ml. Hackett,
The Senate took up the resolution offered by himself, cen¬
suring the Chief Engineer of the Western and Atlantic Rail
Road, 'for extending the said Road, under the direction of his
Excellency the Governor, beyond the Coosa depot, and thereby
incurring a debt of $14,000, without authority of law.
Mr. Kenan moved to strike out the Chief Engineer, so as to
apply the resolution to his Excellency alone—which was
carried. ' -
On agreeing to the resolution, as amended, 1
The yeas and nays were required to be recorded, and are—
yeas 8, nays 32.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Field, Hackett, Kellogg, Martin, McGreggor, Wilcox, Wof-
ford.
Those voting negatively are Messrs. Allen, Wm. Q. Ander¬
son, Beall, Boynton, Brown, Calhoun, Chastain, Colley, Cone,
SENATE.
163
Crawford, Gignilliatt, Hardeman, Hill, Hines, Holderness, Jack¬
son, Jones, Kenan, John M. King, Wesley King, Lee, Lewis,
Long, McGahagan, Miller, Mitchell, Murphey, Nickelson, Rid¬
ley, Smead, Smith, StelL.
So the resolution was rejected.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk :
Mr. President—The House of Representatives hgve agreed
to a resolution authorizing his Excellency the Governor to ap¬
point three fit and proper persons to audit the accounts of Wm.
Y. Hansell, F. H. Sanford and Thomas C. Hackett, Esquires,
for services rendered the State.
To which they ask the concurrence of this branch of the
General Assembly.
They have also conctirred in the amendment of the Senate
to the resolution of the House relative* to a direct daily mail
route between the cities of Savannah and Charleston.-
And have also passed the following bill of Senate, to wit:
A bill to carry into effect that part of the first section of the
third article of the Constitution which requires the establish¬
ment of a Supreme Court for the Correction of Errors, and to
organize the same, and to regulate the proceedings thereof.
Mr. Chastain, from, the Committee on Enrollment, reported
as duly enrolled and ready for the signature of the President,
the following resolution:
Resolved by the Senate and House of Representatives,„ That
the Surveyor General and Secretary of State, each be authori¬
zed to employ two Clerks to assist them in the discharge of their
duties during the session of the General Assembly.
On motion of Mr. Murphey, the following report was taken
up, read and agreed to :
The Committee on Internal Improvements, to whom was
referred a resolution requiring the Governor to direct the Chief
Engineer to suspend all operations on the Western and Atlantic
Rail Road, beyond Burroughs', in Cass county, until the Legis¬
lature shall otherwise direct, report, that by the act of the Legis¬
lature of 1843, the Chief Engineer, under the direction of the
Governor, was required to progress graduallyjn the completion
of the Western and Atlantic Rail Road, with the then existing
appropriations, when the same could be economically expended *
that the then existing appropriations, as shown by the report
of the Engineer, was -$278,964 20. In the exercise of this
discretionary power the Road was put under contract 18 miles
beyond the Coosa Depot, the place designated in the resolution;
that at the time of making the contracts it was believed that
the State would be relieved, by Congress, from the payment of
duty on Rail Road Iron, which has. amounted to about $50,000,
164
JOURNAL OF THE
and which relief has not been afforded, and which left the En¬
gineer that amount less to operate on than he had reason to ex¬
pect when he made his contracts for the extension of the Road
beyond Burroughs'.
Your Committee are further informed that at the time of
making the calculation and contracts for the extension beyond
Burroughs', - that Iron was much lower in the foreign market
than at present, and that the Chief Engineer had an Agent in¬
structed to purchase the Iron, and had assurances that the 140
tens which were necessary could be had at the then selling
price in England, but that an advance on Iron in that country
caused the Iron mongers to exact a price far above what it was
when the arrangements were made, and to which the Agent
was compelled to submit, as Iron could not at that time be
bought lower; and the condition of the Road and the contracts
for completing it required that it should.be had immediately.
This advance and the bad faith with which the contractors in
England acted, was not known to the Governor or Chief Engi¬
neer until the arrival of the first cargo of Irqn, and which re¬
duced the funds upon which they had based their calculation
about $18,000.
These unexpected circumstances, and which could not be
foreseen and guarded against, have caused an indebtedness of
$5,035 80, over the appropriations which were unexpended at
the passage of the act of 1843. And while your committee
would not sanction a wilful excess of indebtedness, by any
public officer or agent of the government, however high his
station, they are of opinion that,the Governor and Chief Engi¬
neer, in conducting this matter, acted with an eye to the appro¬
priations and with intent to keep within the limits of the law,
and to promote the interest of the State, by putting as much of
the Road into profitable operation as the means in their power
would authorize, and are not censurable on account of the ex¬
cess of indebtedness; and that it would be inexpedient to sus-
psnd all operations on the said Road beyond Burroughs'.
The Senate took up, as a report of the Committee of the
Whole,
A bill to be entitled an act to incorporate the Flint River
Manufacturing Company, of the county of Upson.
Mr. Miller moved that this report, and all' others relating to
manufacturing companies, be postponed for the present, and
made the order of the day for Tuesday next!
Upon whicli motion the yeas and nays were required to
be recorded, and are—yeas 20, nays 20.
Those voting affirmatively are Messrs. Allen, William Q.
Anderson, Boynton, Brown, Calhoun, Crawford, Gignilliatt,
Hardeman, Hines, Holderness, Kenan, Wesley King, Long,
SENATE.
165
McGahagan, Miller, Mitchell, Murphey, Nickelson, Ridley,
Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, C has tain, Colley, Cone, Field, Hackett, Hill, Jackson,
Jones, Kellogg, John M. King, Lee, Lewis, Martin, McGreg-
gor. Smith, Stell, Wilcox, Wofford.
There being a tie, the' President voted in the negative.
So the motion was lost.
Mr. Stell offered the following amendment: ,
And be it further enacted, That the private property of the
several stockholders shall be held jointly and severally bound
for all the liabilities which are now created, or may hereafter
accrue; and that in the event of a failure of said Conipany,
any and all transfer or-transfers of stock, made within twelve
calendar months immediately preceding stich transfer or trans¬
fers, shall be deemed fraudulent and void.
Mr. Miller offered the following, as an amendment to the
amendment:
That the individual property of stockholders shall be bound
and liable in proportion to the amount of stock subscribed for;
arid that-at 110 time shall the debts of the incorporation created
under this act amount to more than one half of the stock sub¬
scribed for.
On agreeing to which amendment, the yeas and nays were
required to be recorded, and are—yeas 20, nays 19.
Those voting affirmatively are Messrs. Allen, Wm. Q,. Ander¬
son, "Boyjiton, Brown, Calhoun,. Colley, .Crawford, Gignilliatt,
Hardeman, Hines,_Holderness, Jackson, Kenan, Wesley King,
Long, McGahagan, Miller, Mitchell, Nickelson, Ridley.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Chastain, Cone; Field, Hackett, Hill, Jones; Kellogg,
John M. King, Lee, lie wis, Martin, McGreggor, Murphey,
Smead, Stell, Wilcbx, Wofford.
The President ■ voted in the negative, , and there being a tie,
the amendment was rejected.
The question being on agreeing to Mr. Stell's amendment,
The yeas and nays were required to be recorded, and are—
yeas .17, nays 21.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, BeaJlj Chastain, Cone, Field, Hackett, Hill, Jones, Kellogg,
Lee, Lewis, Martin, McGreggor, Murphey, Stell, Wilcox, Wof¬
ford.
Those voting negatively are Messrs. Allen, Wm. &. Ander-
166
journal of the
son, Boynton, Brown, Calhoun, Colley, Crawford, Gignilliatt,
Hardeman, Hines, Holderness, Jackson, Kenan, Wesley King,
Long, McGahagan, Miller, Mitchell, Nickelson, Ridley, Smead.
So the amendment was lost
Mr. Miller offered the following, as an additional section:
And he it further enacted, That the individual members of
said corporation shall be liable for the debts and contracts of
said Company in proportion to their respective amounts of
stock therein; and that a transfer six months before a failure
of said Company shall not exempt such transferring stock¬
holder from such liability.
Mr. Wofford moved to lay the bill, and amendments, 011 the
table, for the present—which was lost.
On motion, the Senate adjourned until 10 o'clock, to-morrow
morning.
SATURDAY, December 6, 1S45.
The Senate met pursuant to adjournment.
Mr. Stell moved a reconsideration of so much of the jour¬
nals of yesterday as relates to the rejection of the following
amendment,' offered by himself, to the bill incorporating the
Flint River Manufacturing Company, of the county of Upson,
to wit:
And he it f urther enacted, That the private property of the
stockholders shall be held jointly and severally bound for all
the liabilities which are now created, or may hereafter accrue ;
and that in the event of a failnre of said Company, any and
all transfers of stocks made within twelve months immediately
preceding such failure, such transfer or transfers shall be deem¬
ed fraudulent and void.
On which motion the yeas and nays were required to be
recorded, and are—yeas 19, nays 18.
Those voting affirmatively are Messrs. Thomas F. Anderson,
Beall, Chastain, Cone, Field, Hackett, Hill, Holderness, Kel¬
logg, John M. King, Lee, Lewis, Martin, McGreggor, Murphey,
Smith, Stell, Wilcox, Wofford.
Those voting negatively are Messrs. Allen, Wm. Q. Ander¬
son, Brown, Calhoun, Colley, Crawford, Gignilliatt, Harde-
SENATE.
167
mail, Hines, Jackson, Kenan, Wesley King, Long, McGaha-
gan, Miller, Mitchell, Niekelson, Ridley. '
So the Senate agreed to reconsider,
Mr. Miller offered the following resolution^ which was talien
Tip, read and agreed to :
Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That the Comp¬
troller General be, and he is hereby directed to audit the ac¬
counts of persons appointed in the several counties to take the
census of this State; and that he make report thereof to his
Excellency the Governor.
And the Secretary was directed to take 'the "'same to the
House of Representatives, immediately.
The following communication was received from his Ex¬
cellency the Governor, by Mr. Anderson, his Secretary:
Mr. President—His Excellency the Governor has Approved
and signed,
A resolution authorizing the Surveyor General and Secre¬
tary of State, each, to employ two Clerks during the present
session, of the Legislature—and directed me to return the
same.
I am also directed to lay a communication before the Se¬
nate.
On motion, the communication from his Excellency the Go¬
vernor was taken up, read and referred to the Committee on thS
State of the Republic ;
Executive Department, ?
Milledgeville, 5th December, 1845. \
In answer to a resolution of the Senate requiring the Go¬
vernor to communicate to that braneh of the General Assembly
the amount due by the Government of the United States on
the military clairiis, and whether the appropriations made by
■Congress is sufficient to cover the whole amount due, I have
the honor to say, that the ^following extract of a letter from
Governor McDonald to the Hon, Mark A. Cooper, dated 25th
June, 1842, shows,
That between the- 26th December, 1836, and 31st October,
1837, there was paid the sum of - $107,850 09
That between the 1st November, 1837, and 31st
October, 1838, was paid, under act of the 26th
December, 1836, - - - - 29,331 79
Paid under act of 26th December, 1837, be¬
tween 1st February and 27th June, 1838, . - 7,031 93
Paid Banks at Columbus, under act 25th .De¬
cember, 1837, - J5,115 86
168
kwRETAL OF THET
Paid by CoL Y. P.. King, between 1st March, and'
8th May, 1839, - - - - 49,480 16=
Paid Captains -Knight and Carter and, Quarter
Master Sermans, udder appropriation of
1839, the Companies and Quarter Master
mentioned in Col. Y. P. King's report,. - 9,920 88=
Accounts for clothing, provisions, &c., audited
by Rockwell and Hansell, and Anderson, - 1,852 10
$210,5S2 81
To this amount may be added the sum of $1660 paid to
J. L. Daniel under the authority of an act passed in 1843, as
well as the sum of $31,066 85, under an act of 1842, to pro¬
vide for the protection - of the Southern frontier.
The aggregate amount of the claims may therefore be set
down as $243,309 - 60-
The act of Congress assented to on the 11th August, 1841,.
appropriated only one hundred and seventy-five thousand dol¬
lars—whereof $113,203 35 have been paid. The payments-
have been made according to the following dates and amounts,,
viz:
November 25th, 1842, - - $94,037 14
August 16th, 1843, - - 2,653 55
$eptem. 20lh, 1843, - - 2,945 88
" 30th, 1843, - - ' 567 70
June 25th,. 1844, - - . - 12,999 08
It is proper to add, that only $208,618 30, has been re¬
commended to be paid—which is derived from a letter ad¬
dressed on 10th February; 1841, by the then Secretary at War,,
to the Committee of Ways and Means of the House of Rep¬
resentatives.
GEO. W. CRAWFORD.
Mr. 'Cone- reported a bill to after the Constitution so as to
allow one Senator from each county, which was read the first
time. ' ,
Mr. Wofford, from the joint select committee to whom' was.
referred the memorial of Howell: Cobb, Esquire, of Houston
county, in relation to the Compilation of/the Laws of Georgia,
made a report, accompanied with resolutions in favor of said
memorialist—and on his motion, tile report was taken-up'and
read.
Mr. Miller moved the reference of the report and resolutions
to the Committee on Finance.
Mr. Wofford moved that the report lie on the table for the
present—which was carried.
Mr. Jackson, from the Committee upon the State of the Re-
SENATE.
169
public, to whom was referred the communication of his Excel¬
lency the Governor relative to a proposition submitted by the
Executive of Florida in relation to the adjustment of the boun¬
dary between that State and Georgia, made the following re¬
port/which was taken up and agreed to :
A solicitous regard for the harmony and friendly intercourse
and relations of States, will at all times suggest the propriety
of territorial and jurisdictional lines and limits being clearly as¬
certained and defined;-and while your committee express
their confidence in the correctness pf the boundary line of Geor¬
gia, as defined in her Constitution, they nevertheless, to the end
that all future difficulties may be obviated:, respectfully recom¬
mend that Commissioners be appointed 011 the part of Georgia
for the adjustment of this question of boundary, in accordance
with the proposition submitted on the part of Florida. 1
Your committee would therefore beg leave to recommend
the adoption of the following resolution :
Resolved by the, Senate and House of Representatives, That
his Excellency the Governor be, and he is hereby authorized
and requested to appoint two Commissioners, on the part of'the
State, to meet such Commissioners as may be appointed on the
part of Florida, for the purpose of settling the boundary be¬
tween said States, under such instructions as he may deem ne¬
cessary. And we would recommend that the sum of twenty-
five hundred dollars be appropriated, or so much thereof as
may be necessary, to defray the expenses of the Commis¬
sioners.
Mr. Jackson, from the committee to whom was referred the
application of the Secretary of War of the United States, in
relation to the cession of twenty acres of Cockspur Island, in
the Savannah river, with the jurisdiction thereof, reported "the
following bill :
A bill to be entitled an act to cede to the United States of
America all, the right, title and interest of the State of Georgia
in, to and over a reserve of twenty acres of land on the Island
of Cockspur, in the Savannah fiver, and also the jurisdiction
thereof, which was read, the firsi time.
Mr. Jackson, from the Committee 011 the State of the Repub¬
lic, also made the following report, which was taken up and
agreed to:
That they have had under consideration certain resolutions
of the States of South Carolina, North Carolina and Indiana,
relative to an interchange of public documents ; and finding,
by reference to resolutions approved December 5th, 1843, that
the subject haS been .already provided for by those resolutions,
which are permanent in their' character, they ask to be dis¬
charged from the further consideration of the subject.
On motion, the order was suspended, and
170
JOURNAL OF THE
The Senate took up, as a report of the Committee of the
Whole,
The bill to alter and amend the third and fifth sections of
an net to incorporate the Memphis Branch Rail Road and
Steamboat Company of Georgia, passed on the 21st December,
1839. -
The report of the committee was agreed to—the bill was
read the third time, and passed.
On motion of Mr. Miller, the order was suspended, and the
Senate took up the special or.der, to wit: _
The report of the Committee of the Whole, on the bill from
the House of Representatives to pardon Henry-Jones.
The report was agreed to—the bill was read' the third time,
and passed.
And the Secretary directed to return the same to the House
of Representatives, immediately.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk :
Mr. President—The House of Representatives have passed
the following bill, to wit:
A bill to grant further time to the city of Columbus to pay
a debt due by said city to the State of Georgia.
The Senate took up the unfinished business of yesterday,
being the report of the Committee of the Whole on the bill
to incorporate the Flint River Manufacturing Company, of the
county of Upson, with the amendments. The question being
on Mr. Stell's amendment.
Mr. Cone laid upon the table an amendment, which was
read.
Mr. Martin also laid upon the table an amendment, which
was read.
On motion of Mr: Miller, this bill, and all other bills incor¬
porating manufacturing companies, were made the special or¬
der for Tuesday next.
On motion of Mr. Hackett, the order was suspended, and
The Senate took up the resolution of the House of Repre¬
sentatives authorizing his Excellency the Governor to appoint
three fit and proper persons to examine and audit the accounts
of William Y..Hansell and Fred. H. Sanford, for services ren¬
dered the,State in prosecuting the bonds of Elijah Sinclair and
Thomas Haynes, and their securities ; and also requiring the
same committee to audit the claims of Thomas C. Hackett for
prosecuting and collecting a claim against the Western Bank of
Georgia for taxes—and concurred therein.
And on motion, the Secretary was required forthwith to re¬
turn the same to the House of Representatives.
On motion, the order was suspended, and the following bills
of Senate were taken up, and read the second time, and refer¬
red to a Committee of the Whole:
SENATE.
171
A bill to provide for the appointment of a Committee to ex¬
amine into the condition of the Treasury in those years when
there shalL be no session of the Legislature, and to repeal so
much of a certain act therein specified as conflicts with the pro¬
visions of this act.
A bill more effectually to provide for the collection and dis¬
bursement of fines imposed by Courts of Enquiry.
A bill to define the duties of the Division and Brigade In¬
spectors, to regulate their pay, and for other purposes.
A bill to amend an act entitled an act to provide for the edu¬
cation of the poor, and repeal the 3d and 4th sections of said
act, assented to 27th Dec., 1843, and to distribute to the
several counties in* this State, the fund in the Treasury known
as the poor school fund, consisting of two thousand six hundred
and thirty shares of the capital stock of the Banks of the
State of Georgia ,and Augusta, and to distribute to the several
counties of this State, the dividend arising from said fund for
the year 1845.
A bill to compel persons who are not citizens of the coun¬
ties of Randolph and' Stewart, but who own plantations and neJ
groes in said counties, to give in and pay tax on said property
in said counties "of Randolph and Stewart respectively.
A bill in relation to public officers and their securities.
A bill to repeal an act assented to December 25th, 1830,
giving the sum of three dollars to each of the superintendents
of elections in the several counties of the Eastern Circuit,
except the county of Bulloch, so far as respects the county
of Wayne.
A bill to authorize Eustace Speer to plead and practice law
in the several courts of this State, upon certain conditions
therein prescribed.
A bill to establish and make permanent the place of holding
Justices' Court in the (41) forty-first district in the county of
Tattnall.
Mr. Smead, from select committee, reported
A bill to repeal an act making permanent the site of the
public, buildings in the fown of Tazewell, in the county of Ma¬
rion, on lot of land number two hundred and thirty, in the
fourth district of originally Muscogee, now Marion county, as¬
sented to 27th December, 1838, to provide for the selecting of a
new-county site, and for other purposes.
On motion, the order w;as suspended, and 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 offi¬
ces of tax collector and receiver of tax returns of the counties
of Forsyth, Carroll, Madison, Habersham and Ware, passed
27th December, 1838, so far as relates to the county of Madi¬
son.
172
JOURNAL OF THE
A bill to change the dividing line between the counties of
Monroe and Crawford, so as to include the whole of the present
residence of Littleberry Lucas in the county of Crawford; also,
to add lot of land number eight, in the thirty-^first district of
originally Lee, now Stewart county, whereon John Shaw now
resides, to the county of Marion; and also, to add the lot of
land whereon George D. Royston now lives, in the second dis¬
trict of the county of Baker, to the county of Lee.
A bill to alter and-change the-times of holding the Superior
and Inferior . Courts of the county of Muscogee.'
A bill for the relief of Asa E. Thompson, administrator of
James Thompson, late of the county of Houston, from all lia¬
bility incurred by the said James, in his life time, as security of
Columbus Thompson, a minor.
A bill to alter and amend the third section of the second ar¬
ticle of the Constitution of this State.
A bill to raise a revenue for the city of Columbus, amenda¬
tory of an act entitled an act to impose a special tax on the per¬
sons and property of the citizens of the city of Columbus, re¬
siding and being in the same, annually hereafter, and to pro¬
vide for the collection thereof, and to punish those who may
refuse or attempt to defeat the provisions thereof, assented to
10th December, 1841, and also to make provision for the poor
residing in said city.
A bill to repeal an act entitled an act to compensate the
Grand and Petit Jurors of the Superior and Inferior Courts for
the counties therein named, so far as relates to the county of
Randolph, passed on the twenty-third day of December, 1837,
and to regulate the mode of dividing the jury and confession
fees between the jurors of said county of Randolph.
A bill to authorize the justices of the inferior court of Ran¬
dolph county to levy an extra tax on the citizens of said coun¬
ty, for certain purposes therein named.
A bill to alter and amend the ro'ad laws of this State, appro¬
ved the 19th December, 1818, so far as relates to the county of
Randolph.
Mr. Chastain, from the Committee on Enrollment, reported as
duly enrolled, and signed by the Speaker of the House of Rep¬
resentatives,
An act to pardon Henry Jones.
Mr. Hardeman, from the Committee on Banks, made the
following report:
The Committee on Banks, to whom were referred the seve¬
ral portions of the message of his Excellency the Governor as
relate to Banks, beg leave to make the following report—
That said message discloses the fact that the Banks of Mil-
ledgeville and the Commercial Bank at Macon, against which
Banks executions have been issued for the tax on their respect-
SENATE.
ITS
ive capital stock, have paid to the Treasury the tax on the
amount of stock actually used and operated on by each; this,
in the opinion of the committee, is as much as the Stale ought
to exact from those Banks. It certainly would be unjust to
make said Banks pay a tax on that portion of their capital
stock divided among the stockholders and on which, in all
probability, the State has been paid a tax in other form. Much
more unjust would it be to the Bank of Milledgeville to com¬
pel her to pay a tax on that portion'of her capital stock lost by
bad debts. The loss of a negro slave by death, or the loss of
money by a loan to an insolvent, is exempt from taxation; so
ought the loss of bank capital to be exempt from tax, which is
profitless and unavailing. The committee therefore recom¬
mend the adoption, pf a resolution discharging said Bank's from
the tax for which said executions were issued. But notwith¬
standing the conclusion to which the committee have arrived,
in relation to the tax executions against the Bank of Milledge¬
ville and the Commercial Bank at Macon, under the circum¬
stances in each case, may deem it due to the State, in order to
certainty in her revenue on Bank stock, for the future, and to
prevent the evasion and violation of Bank charters, and to se¬
cure the community against loss by illegal issues of Banks,
that Bank capital should be rendered certain and fixed, and not
subject to the mere will and discretion of the stockholders.
Ydur committee therefore recommend the passage of a bill
herewith reported, compelling each Bank within the State to
pay a tax on the highest amount of Bank stock hereafter re¬
turned as subject to taxation, within the limits of their respect¬
ive charters. By thq passage of such a bill the State can with
certainty rely on the amount of tax to be raised from Bank
stock, and the evil of expansion and contraction of Bank capi¬
tal, at the will of the stackholders, will be prevented; the eva¬
sion, too, and violation of Bank Charters, will more effectually
be guarded against.
In most, if not all, of the Bank Charters of this State, a cer¬
tain proportion of the stock subscribed. for was to be paid be¬
fore the Bank could issue hills. The report of the Commercial
Bank at Macon to the Treasurer, sho'ws that the capital stock
subject to taxation on the first of January last, was only
$52,136 25—the charter required the sum of $100,000 to be
paid up before the Bank could issue bills—that Bank is now
. issuing bills. If other amount than that reported in January
last has not been paid by the stockholders, that Bank is now
doing, business in .'violation of its charter. So any other Bank,
if permitted to reduce its capital at pleasure, may do business
in like manner When its capital stock has been divided among
its stockholders,, and the community would not have a safe¬
guard to rely on—a compliance with which was demanded
before the Bank could issue and' circulate bills. The commit¬
tee do not wish to be understood as asserting that the Commer-
174
JOURNAL OF THE
cial Bank at Macon is doing business in violation of its char¬
ter. They use the instance of that Bank to show the danger
of evasion of Bank charters, and the injury that might be done
to the community to permit the stockholders of Banks to con¬
tract and divide their stock among them, at their will and
pleasure, and then afterwards to issue bills on the former credit
and standing of the Bank, without the means in its vaults, as
required by the charter at first, for the redemption of its circu¬
lation and liabilities.
It is due to the Commercial Bank at Macon to say, that the
Chairman of the Committee has been informed by the Cashier
of that Bank that an amount equal to that at first required by
the charter to be paid, has been paid by the present stock¬
holders. The character of the gentlemen connected with that
institution forbids the idea that any fraud on the community is
intended, or' that the bill holders are in any danger of loss by
that Bank. Yet sound policy and safety to the community, as
well as justice to that Bank itself, require that the present con¬
dition of said Bank be made known to the public. We there¬
fore recommend the adoption of a resolution requiring the
President and Cashier of that Bank forthwith to make to his
Excellency the Governor a return, under oath, setting forth the
condition of said Bank and the amount of stock now paid up,
by the present stockholders of said Bank.
As to that portion of the message in relation to the alleged
arrearage of the officer charged with the collection of the debts
of the Bank of Darien, the committee believe that it would be
improper for them or the General Assembly to express any
opinion in relation thereto, as the matter in dispute has been re¬
ferred to the judicial department of the State, which will
doubtless dispense justice to the Bank and to that officer.
The committee concur with his Excellency the Governor,
that the State is liable for her proportion of the outstanding cir¬
culation of the Bank of Darien, agreeable to the charter and
the subscription of stock, and that good faith requires that the
State should ultimately pay its due proportion of such circula¬
tion. But your committee cannot believe that the State is
bound to make an appropriation at this time for her proportion
of that circulation, as by the charter of said Bank the State is
pledged for the ultimate redemption of the bills or notes of said
Bank, in proportion to the amount of the value of the shares
that should or might • be subscribed for by said State. The.
State only being pledged ultimately for the redemption of her
proportion of the bills or note's, it is evident that it was the de¬
sign of the Legislature that the bill holders should first look to,
and rely on the assets of said Bank for the payment of the bills.
Still your committee believe it to be the duty of the State to
use great diligence to convert the assets of said Bank into mo¬
ney, and to apply the same to the redemption of the bills or
notes of that Bank.
SENATE.
175
They therefore recommend that a resolution be adopted, re¬
questing the (governor to have the debts due that Institution
collected with convenient dispatch, and that he cause the lands
and assets of said Bank to be converted into cash, so soon as,
in his opinion, it can be done without manifest loss to the State,
and so soon as a compliance with good faith to -the bill holders
shall demand, and that the proceeds thereof be applied to the
payment of the bills of said Bank.
The report of the Commissioners appointed to examine into
the affairs of the Central Bank of Georgia, makes known to
the General Assembly the condition of that Bank, and renders
a detailed report unnecessary from your, committee. They
agree with his Excellency that the policy of winding up the
Institution is necessary, and sound, and should be persevered in.
In looking into the documents No. 7, accompanying said re¬
port, it will be perceived that a considerable amount of the
debts due to the Bank have, for a very unreasonable time, been
in the hands of attorneys unaccounted for. It is reported, and
believed, that a few individuals, in whose hands debts belong¬
ing to the Bank have been placed, have collected them, and
used the money." If this be so, your committee believe that
justice to the State demands enforcement of the law, both crim¬
inal and civil, against such defaulters. We therefore recom¬
mend the passage of a resolution requiring the Director of the
Bank to cause the enforcement of the criminal and civil law
against all such defaulters who fail to account for money col¬
lected by them for said Bank, or who fail to secure the, pay¬
ment thereof, or who fail to render a sufficient excuse, in the
opinion of the Director, for neglecting so to account.
The liability of the State for the bonds of the Central Bank,
is admitted—and the policy recommended by his Excellency
the Governor, of redeeming the outstanding bonds of that in¬
stitution bearing a raffi of eight per centum, and substituting in
lieu thereof bonds bearing a less "interest, is unquestionable j
and the right of the State so to, redeem, is equally unquestion¬
able, as the contracts between the State and bond holders ex¬
press that the State may redeem at its own will., The ability
of the State thus to redeem, it is hoped/is beyond doubt, as the
credit-of the State is advancing, and public opinion seems to
demand a less rate of interest than that heretofore exacted in
the State.' , We therefore recommend the passage of a bill here¬
with reported, authorizing the Governor to commute the bonds
of the Central Bank, heretofore issued, for bonds bearing inter¬
est at six per cent, per annum."
The report was accompanied by the following resolution :
Whereas, Executions have been issued by the Treasurer
against the Bank of M'illedgeville and the Commercial Bank of
Macon, for taxes claimed to be due to the State; and whereas,
skid Banks have' paid into the Treasury the amount due the
176
JOURNAL OF THE
State on the capital, and operated on by them respectively,
which is all that is justly due the State—
Be it therefore resolved by the Senate and House of Repre¬
sentatives, That the said Banks of Milledgeville and the Com¬
mercial Bank, at Macon, be and they are hereby released and
discharged from all liability as to the amount for which said Ex¬
ecutions were issued.
Also, the following resolution,-which, on motion, was taken
up, read, and agreed to :
Whereas, the Commercial Bank, at Macqn, in January last,
returned to the Treasury the sum only of $52,136 25 as capi¬
tal stock, subject to taxation—
And whereas, the charter required the sum of $100,000
should be paid before said Bank could issue bills—
And whereas, said Bank is now issuing bills without making
known to the public the amount of capital said Bank is now
banking upon—
And whereas, it is due to the public that the condition of said
Bank be made known—
Be it therefore resolved by the Senate and House of Repre¬
sentatives, That the President and Cashier of said Bank be,
and they are hereby required, forthwith to make a return, un¬
der oath, to his Excellency the Governor, setting forth the con¬
dition of said Bank, and the amount of stock now paid up by
the present stockholders, and that said officers cause said return
to be published in one of the gazettes of Macon and Milledge¬
ville ; and in the event that said officers shall omit to comply
with the requirements of this resolution, that his Excellency the
Governor be, and he is hereby authorized and required to ap¬
point some fit and proper person to examine into the condition
of said Bank, and to cause the result of said examination to be
published.
And at the same time reported the following resolution, which
was taken up, read, and agreed to :
Resolved by the Senate and House of Representatives %
That the Director of the Central Bank of Georgia be, and he
is hereby required to cause the criminal and civil laws of this
State to be enforced against all attorneys who have collected,
money for the Central Bank, and who failed to account for the
same, or who failed to secure the payment thereof, or who fail¬
ed to render to said Director a sufficient excuse for neglecting
so to account.
Also, the following resolution, which was taken up and read:
Resolved by the Senate and House of Representatives, "That
his Excellency the Governor be, and he is hereby requested to
have all the collectable debts due to the Bank of Darien, col¬
lected with convenient dispatch, and that he cause the land
and assets of said Bank to be converted into cash, so soon as,
senate.
177
in his opinion, it can be done without manifest loss to the State,
and so soon as a compliance with good faith to the bill holders
shall demand, and that the proceeds thereof be applied to the
redemption of the bills of said Bank.
Mr. Miller moved the following amendment:
" And the payment of its other legal liabilities."
Mr. Stell moved that the resolution and amendment lie on
the table for the present—which was carried.
Mr. Hardeman, from th,e Committee on Banks, reported the
following bills:
A bill to compel the Banks of this State to pay a tax on the
highest amount of Bank stock hereafter returned by them as
subject to taxation, within the limits of their respective char¬
ters—which was read the first time.
Also, a bill to commute the bonds of this State issued in re¬
demption of the bills and liabilities of the Central Bank of
Georgia—which was read the first time.
Mr. Lee offered the following resolution:
Resolved by the Senate, That the President appoint a select
committee of eleven, consisting of one from each Judicial Dis¬
trict, for the purpose ot investigating the report of attorneys
having notes, &c., in their hands for collection, and to obtain
all other information possible, relative to the value of the assets
of the Central Bank, and that, they be requested to report, at as
early a day as possible, the deficit, in their judgment, over and
above the resources of the Central Bank.
Also the following resolution :
Resolved, That both branches of the General Assembly wi 1
convene in the Representative chamber, at 11 o'clock, A. M.,
on Wednesday next, for the purpose of electing three Judges
of the Supreme Court—one for two years, one for four years,
and one for six years, in conformity with an act passed at the
present session of the Legislature, for the organization of said
Court.
On motion of Mr. Ridley, it was
Ordered, That when the Senate do adjourn, it stand adjourn¬
ed until 9 1-2 o'clock, Monday morning—and that hereafter,
the standing hour of adjournment be 9 1-2 o'clock in the
morning.
On motion, the Senate then adjourned, until 9 1-2 o'clock,
on Monday morning.
MONDAY, December 8, J.845.
The Senate met pursuant to adjournment.
23
178
JOURNAL OF THE
Mr. Cone moved to amend the journals of Saturday, by
spreading in full upon them the propositions laid upon the ta¬
ble by himself and Mr. Martin, to be offered as amendments to
the bill incorporating the Flint River Manufacturing Company,
of the county of Upson.
On which motion, the yeas and nays were required to be
recorded, and are—yeas 2, nays 35.
Those voting affirmatively are Messrs. Cone, Martin.
Those voting negatively are Messrs. Allen, Thomas F. An¬
derson, Wm. Q,. Anderson, Beall, Boynton, Broaddus, Brown,
Calhoun, Chagtain, Crawford, Field, Gignilliatt, Hardeman,
Hill, Hines, Holderness, Jackson, Jones, Kellogg, Lee, Lewis,
Long, McGahagan, McGreggor, Miller, Mitchell, Murphey,
Nickelson, Reynolds, Ridley, Smead, Smith, Stell, Wilcox,
Wofford.
So the motion was lost.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk :
Mr. President—The House of Representatives, have passed
the following bill, to wit:
A bill to relieve Green T. Partin, of the county of Pike, and
State of Georgia, from the disabilities of a matrimonial con¬
nexion now existing between him, the said Green T. Partin,
and Mary Partin, his wife, of the State of North Carolina.
They have also passed the bill of Senate to pardon William
Burton, of the county of Greene.
They have also concurred in the resolution of Senate direct¬
ing the Comptroller General to audit the accounts of persons
appointed in the several counties to take the late Census of this
State, and that he make report to his Excellency the Governor.
And which I am directed to return to this branch of the Gen¬
eral Assembly forthwith.
Mr. Chastain, from the Committee on Enrollment, reported
as duly enrolled, and signed by the Speaker of the House of
Representatives, and ready for the signature of the President,
the following bills, to wit:
An act to authorize his Excellency the Governor to furnish
arms and accoutrements-to volunteer corps of this State.
An act to alter the time of holding the inferior court,, in the
county of DeKalb, in the State of Georgia, from the second
Monday in January and July, to the fourth Monday in Decem¬
ber and June, in each year, and to legalize and make valid at
the said December and June terms of said court, all writs, fieri
faciases and other processes made returnable to the January
and July terms thereof.
SENATE.
179
An act for the relief of William P. Rembert, of Oglethorpe
county.
An act to amend and alter an act to incorporate the Savan¬
nah Institution for Savings.
An act to'change the line between the counties of Haber¬
sham and Hall, so as to add lot No. 24, in the second district of
the county of Habersham, to the county of Hall. <
An act to compensate persons who have rendered services in
taking the census of the State of Georgia during the year of
our Lord one thousand eight hundred and forty-five.
An act to authorize the Justices of the Inferior Court of the
county of Marion, and other comities therein named, or a ma¬
jority of them, to examine the insolvent lists of the tax col¬
lectors of said counties.
An act to alter and amend the first section of an act to
change the names of certain persons therein mentioned, and to
legitimatize those persons whose names are so changed, and
to constitute Martha Beauchamp the legal heir and represen¬
tative of Isaiah Parker, of DeKalb county, passed 22d De¬
cember, 1829. Also to legalize the official and trust acts of
James Smith, whose name is changed in the act aforesaid, from
the name of James Bexly to the name of James Smith.
An act to amend the several acts in relation to issuing of
grants on head rights in this State, so far as to extend the time
for granting the same until the 25th of .December, eighteen
hundred and forty-six.
An act to reduce the Sheriffs' bonds of this State, so far
as relates to the county of Gilmer, and to regulate the mode
of taking the same.'
An act for the relief of Sarah Walton, of the comity of Har¬
ris.
An act for the relief of Samuel F. Jones, James W. Cunning¬
ham, and William Underwood.
An act to authorize the Justices of the Inferior Court of Pike
county to levy an extra tax on the citizens of said county,
for the purpose of paying the Petit Jurors of said copnty.
An act to alter and amend an act to guard and protect the
citizens of this State against the unwarrantable and too pre¬
valent use of deadly weapons.
An act to change the times of holding the Superior Courts
of the county of Willffis.
An act to repekl an act entitled an act to compensate one of
the Justices of the Peace who may be a superintendent of
the elections held at the several election precincts in the coun¬
ties of Floyd and Walker, assented to on the 8th day of De¬
cember, in theyear 1834.
An act to amend the laws of this State requiring the build¬
ers of public bridges to give bond and security, for keeping in
repair the same, so far as relates to the county of Upson.j
180
JOURNAL OF THE
Also, the following resolutions of the House of Representa¬
tives, to wit:
A resolution requiring his Excellency the Governor to de¬
liver to the Librarian of the Georgia Historical Society, Frank¬
lin College, Emory College, Mercer University and Oglethorpe
University, two complete sets of the Laws and Journals of the
Senate and House of Representatives.
A resolution requesting our Senators and Representatives in
Congress, to urge upon the Postmaster General the necessity of
having the daily mail route between the cities of Charleston
and Savannah re-established.
A resolution authorizing his Excellency the Governor to
draw, in the next quota of arms to be received by this State
from the United States, certain Arms for the "Chatham Artille¬
ry, of Savannah," and the " Augusta Artillery Guards."
A resolution requiring the Comptroller General to deliver
to Absalom Thornton a certain execution against William
Yaughn, collector of the general tax of Forsyth county for the
year 1843.
Mr. Nickelson reported a bill to authorize the issue of a grant
to John Bonner—which was read the first time.
Mr. Ridley reported a bill to add lots of land Nos. 63 and 64,
in the 14th district of originally Carroll, now Heard county, on
which Nathan Lipscombe now resides, to the county of Troup
—which was read the first time.
Mr. W. King reported a bill for the relief of John C. Edmon¬
son, of Wilkinson county—which was read the first time.
Mr. Calhoun reported a bill to exempt from levy and sale un¬
der execution, homestead and other property therein mention¬
ed—which was read the first time.
Mr. Hackett reported a bill to provide for the election of the
Chief Engineer of the Western and Atlantic Rail Road, and to
fix the salary of that officer—which was read the first time.
Also, a bill to compel the Sheriffs of the Cherokee Circuit to
advertise their sales in one of the public gazettes of said Cir¬
cuit—which was read the first time.
Mr. Broaddus reported a bill to change the name of David
Thrash to that of David Smith—which was read the first
time.
Mr. McGreggor reported a bill to relieve James M. Ware,
Henry Kingsberry, Jonathan Long, Joel L. Flanagan, and P.
H. Castlebury, of the county of Paulding, from the payment of
a recognizance or penal bond—which was read the first time.
Mr. Calhoun offered the following resolution, which was taken
up, read and agreed to:
Resolved, That the Director of the Central Bank be request¬
ed to furnish this branch of the General Assembly, at the earli¬
est possible moment, answers to the following enquiries.
SENATE.
181
1st. The amount of assets delivered to the Central Bank, by
the Bank of Darien.
2d. The amount of liabilities known to exist against the
Bank of Darien, to whom due, and on what account.
3d. The means for the payment of such liabilities.
4th. Why the assets have not been collected and applied to
the extinguishment of the debts against the said Bank of Da¬
rien.
5th. What amount of money has been collected, and what
amount of such collections have been paid into the Central
Bank.
6th. What has been the entire expenses,of every description,
from the time the assets of the Darien Bank were turned over
to the Central Bank, up to the time of said Director's appoint¬
ment, and to whom paid, and also from that time to the pres¬
ent date, and to whom paid.
7th. Have any of the notes or exchange discoimted by the
Bank of Darien, or either of its Branches, become private prop¬
erty, and sued upon as such, and if so, describe the notes, state
at what place they were discounted, and by what process they
became private property.
8th. Explain fully the true state and condition of the New
York operation'known as the Delafield transaction.
^th. The amount of notes placed in the hands of attorneys
respectively for collection, what amount has been collected by
each, and paid over, and if any part is yet withheld from the
Central Bank, by attorneys or others, why it is so withheld, and
by whom.
10th. What is the supposed cash valuation of the real estate
belonging to the Bank of Darien, and where is it situated, and
what is the kind, quantity and quality of said property.
11th. Has the Central Bank advanced for the payment of
Darien Bank liabilities ? If so, what amount, to whom paid,
on what account, and why advanced.
Mr. Miller presented a memorial from sundry citizens of Au¬
gusta, real estate owners, and others, praying the incorporation
of the Augusta Canal Company—which was read.
Mr. Murphey, from the Committee on Internal Improvement,
to whom was referred a resolution on that subject, reported the
following resolution, 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 the Sen¬
ators and Representatives in Congress from this State be, and
they are hereby requested to urge the Congress of the United
States to cause such examination and enquiries to be -made, as
may enable them to determine upon the propriety of establish¬
ing a National Armory and Foundery at the most suitable
point in this State for that purpose.
Mr. Jackson, from the select committee to whom was refer-
182
JOURNAL OF THE
red the memorial of sundry young men of the city of Savan¬
nah, praying to be incorporated by the name and under the
style of the Oglethorpe Fire Company, made a report against
the prayer of the memorialists, the act of 1843 having fully
provided for the objects of the prayer of the memorialists.
Which was taken up, and agreed to.
On motion of Mr. Hackett,
The order was suspended, and the Senate took up the bill of
the House of Representatives to pardon Charles Jones.
The report was agreed to—the bill was read the third time,
and passed.
And the Secretary directed to return the same to the House
of Representatives, immediately.
On motion of Mr. Hines,
The order was suspended, and the following bill from the
House of Representatives was taken up and read the second
time, and referred to a committee of the whole :
A bill to confer the rights of citizenship, in Liberty county,
upon certain residents of Mcintosh county.
On motion of Mr. Lee,
The order was suspended, and the Senate took up the fol¬
lowing resolution, which was agreed to:
Resolved by the Senate, That the President appoint a select
committee of eleven, consisting of one from each Judicial' dis¬
trict, for the purpose of investigating the reports of attorneys
having notes, &c., in their hands for collection, and to obtain
all other information possible relative to the value of the assets
of the Central Bank, and that they be requested to report, at as
early a day as possible, the deficit, in their judgment, over and
above the resources of the Central Bank.
The Senate took up, as the report of the Committee of the
Whole,
The bill to amend the claim laws of this State.
Mr. Murphey moved to take up and agree to the report of the
Committee 011 the Judiciary, unfavorable to the passage of this
bill—which was carried.
On motion cf Mr. Cone,
The order was suspended, and the Senate took up the reso¬
lutions offered by Mr. Allen, in relation to the appointment of
Commissioners on the Savannah river, between the mopth of
Lightwood Log Creek and Augusta, and to authorize the Gov¬
ernor to draw his Warrant on the Treasury for any balance of
appropriation heretofore made for the improvement and navi¬
gation of the Skidaway Narrows, in favor of the commission¬
ers heretofore appointed.
Mr. Cone offered the following amendment:
To come in before the words " giving bond and security,''
the words " and making an instrumental survey"—which was
agreed'to.
SENATE.
183
Mr. Chastain moved the reference of the resolutions, as
amended, to the Committee on Finance—which was lost.
The question then recurred on agreeing to the resolutions, as
amended.
On which, the yeas and nays were required to be recorded,
and are—yeas 25, nays 14.
Those voting affirmatively are Messrs. Allen, Wm. An¬
derson, Beall, Boynton, Brown, Calhoun, Cone, Gigralliatt,
Hackett, Hardeman, Hines, Jackson, Jones, Kellogg, John M.
King, Long, McGahagan, Miller, Mitchell, Murphey, Nickelson,
Reynolds, Ridley, Smead, Wilcox.
Those voting negatively are Messrs. Thomas F. Anderson,
Broaddus, Chastain, Crawford, Field, Hill, Holderness, Wesley
King, Lee, Lewis, Martin, McGreggor, Smith, Stell.
So the resolutions were agreed to.
The Senate took up, as a report of the Committee of the
Whole,
A bill to incorporate the Flint River Steamboat Company.
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. Anderson, his Secretary:
Mr. President—His Excellency the Governor has approved
and signed the following acts:
An act to alter the time of holding the Inferior Court in the
-county of DeKalb, in the State of Georgia, from the second
Monday in January and July, to the fourth Monday in Decem¬
ber and June, in each year, and to legalize and make valid at
the said December and June terms of said court, all writs, fieri
faciases, and other processes made returnable to the January
and July terms thereof.
An act to alter and amend the first section of an act to change
the names of certain persons therein mentioned, and to legiti¬
matize those'persons whose names are changed, and to consti¬
tute Martha Beauchamp the legal heir and representative of
Isaiah Parker, of DeKalb county, passed 22d December, 1829.
Also, to legalize the official and trust acts of James Smith,
whose name is changed in the act aforesaid, from the name of
James Bexley to the name of James Smith.
An act to amend and alter an act to incorporate the Savan¬
nah Institution for Savings.
And has directed me to return the same to the Senate.
The Senate took up, as the report of the Committee of the
Whole,
The bill to incorporate the proprietors of the Augusta Canal,,
184
JOURNAL OF THE
and to confirm certain ordinances of the City Council of Au¬
gusta, therein mentioned.
Mr. Miller offered the following amendment, which was
agreed to:
And he it further enacted, That the proprietors of said Ca¬
nal shall open, and keep open the boat sluice on the outside of
their dam, at the head of said Canal, so that the navigation of '
the river at that point shall be made and kept at least as good
as it was before the construction of said dam, and that said
proprietors shall not be allowed, by any extension of said dam,
or any other work, to obstruct the navigation of said river, or
the free passage of fish.
Mr. Wofford offered the following, as an additional section :
Be it further enacted, That the persons and private property
of the stockholders, shall be bound and liable for the payment
and redemption of all the contracts, debts and liabilities of the
incorporation.
Mr. Miller moved to lay the amendment on the table for the
balance of the session.
Whereupon, the yeas and nays were required to be record¬
ed, and are—yeas 20, nays 18.
Those voting affirmatively are Messrs. Allen, Wm. Q. An¬
derson, Boynton, Brown, Calhoun, Crawford, Gignilliatt, Har¬
deman, Hines, Jackson, John M. King, Wesley King, Long,
MeGahagan, Miller, Mitchell, Nickelson, Reynolds, Ridley,
Smead.
Those voting negatively are Messrs. Beall, Broaddus,
Chastain, Cone, Field, Hackett, Hill, Holderness, Jones, Kel¬
logg, Lee, Lewis, Martin, McGreggor, Smith, Stell, Wilcox,
Wofford.
So the amendment was indefinitely postponed.
Mr. Stell offered the following amendment:
And he it further enacted, That the private property of the
stockholders shall be jointly bound for the payment of the debts-
against the incorporation, to an amount equal to double the
amount of stock severally subscribed for and paid in, upon the
express condition that the debts against the said incorporation'
shall not, at any time, exceed one half the amount of stock sub¬
scribed ; and in the event of an accumulation of indebtedness-
against said incorporation to an amount exceeding the one half
of the entire stock, then, and in that case, the private property
of the stockholders shall be jointly and severally bound for the
ultimate redemption of all the liabilities against said incorpo¬
ration.
Mr. Miller moved to lay the amendment on the table for the-
balance of the session*
SENATE.
185
Mr. Hackett moved the indefinite postponement of the bill
and amendments.
Upon which motion the yeas and nays were required to be
recorded, and are—yeas 13, and nays 25.
Those voting affirmatively are Messrs. Beall, Chastain, Field,
Hackett, Kellogg, Lee, Lewis, Martin, McGreggor, Smith, Stell,
Wilcox, Wofford.
Those voting negatively are Messrs. Allen, Wm. Q,. Ander¬
son, Boynton, Broaddus, Brown, Calhoun, Cone, Crawford,
Gignilliatt, Hardeman, Hill, Hines, Holderness, Jackson, Jones,
John M. King, Wesley King, Long, McGahagan, Miller, Mitch¬
ell, Nickelson, Reynolds, Ridley, Smead.
So the motion was lost.
Mr. Chastain moved to adjourn until half past 9 o'clock, to¬
morrow morning.
On which motion, the yeas and nays were required to be re¬
corded, and. are—yeas 19, nays 19.
Those voting affirmatively are Messrs. Beall, Broaddus,
Brown, Calhoun, Chastain, Cone, Field, Hackett, Hardeman,
Holderness, Jackson, Jones, John M. King, Lee, McGreggor,
Mitchell, Smead, Smith, Wofford.
Those voting-negatively are Messrs. Allen, William Q.. An¬
derson, Boynton, Crawford, Gignilliatt, Hill, Hines, Kellogg,
Wesley King, Lewis, Long, Martin., McGahagan, Miller, Nick¬
elson, Reynolds, Ridley, Stell, Wilcox.
Mr. Thomas F. Anderson being in the Chair, voted affirma¬
tively.
So the motion to adjourn was carried.
And the Senate adjourned accordingly, until 1-2 past) nine
o'clock, to-morrow morning.
TUESDAY, December 9, 1845.
f
The Senate met pursuant to adjournment.
Mr. Cone moved to amend so much of the journals of yes¬
terday as relates to the action of the Senate on his motion to
24*
186
JOURNAL OF THE
amend the journals of Saturday by inserting in full therein
the propositions of himself and Mr. Martin.
On which motion, the yeas and nays were required to be re¬
corded, and are—yeas 7r nays 26.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Cone, Jones, John M. King, Martin, Wilcox, Wofford.
Those voting negatively are Messrs. Allen, William Q,. An¬
derson, Beall, Boynton, Brown, Calhoun, Chastain, Crawford
Curry, Field, Hardeman, Hill, Hines, Jackson, Wesley King,
Lewis, Long, McGahagan, McGreggor, Miller, Mitchell, Nick-
elson, Reynolds, Ridley, Smith, Stell.
So the motion was lost.
Mr. Wofford moved a reconsideration of so much of the
journals of yesterday as relates to the indefinite postponement
of the amendment offered by him&elf to the bill to incorporate
the Proprietors of the Augusta Canal Company and to confirm
certain ordinances of the City Council of Augusta therein
named.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 19, nays 19.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Chastain, Field, Hill, Holderness, Jones,
Kellogg, John M. King, Lee, Lewis, Martin, McGreggor, Mur-
phey, Smith, Stell, Wilcox, Wofford.
Those voting in the negative are Messrs. Allen, Wm. Q.
Anderson, Boynton, Brown, Calhoun, Crawford, Curry, Gig-
nilliatt, Hardeman, Hines, Jackson, Wesley King, Long, Mc¬
Gahagan, Miller, Mitchell, Nickelson, Reynolds, Ridley.
The vote being equal, the President voted in the negative.
So the motion was lost.
Mr. Chastain, from the Committee on Enrollment, reported
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 act, viz:
An act to pardon William Burton, of Greene county.
Mr. Jackson reported a bill to exempt from the process of
garnishment the daily wages of mechanics in the city of Sa¬
vannah, which was read the first time.
Mr. Cone offered the following resolution, which was taken
up, read and agreed to :
Resolved by the Senate and House of Representatives, That
Abram Strickland, taker of the census for the county of Tatt¬
nall, for the year 1845, be allowed the sum of twelve dollars
SENATE.
187
for forty-eight heads of families who refused to give in their
names to him, in addition to such as appears on his hooks.
Mr. Wilcox offered the following resolution, 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 sent with
the Laws and Journals of the present session, one copy of
Greene & Lumpkin's Georgia Justice, one copy of Prince's
late Digest, and one copy of Dawson's Compilation, for the
county of Irwin and the officers of the 867th militia district of
said county of Irwin.
The Secretary was required to (take the same, with Mr.
Cone's resolution, forthwith to the House of Representa¬
tives.
The President announced the following as the select com¬
mittee appointed under a resolution of Mr. Lee's, agreed to on
yesterday, to wit:
Messrs. Lee, Thomas F. Anderson, Chastain, Stell, Jones,
Crawford, Smead, Hardeman, Long, Reynolds and John M.
King.
Mr. Lewis offered the following resolution, to wit:
Resolved, That the Treasurer be requested to furnish to the
Senate, at his earliest convenience, a statement of all the monies
which have been drawn from the Treasury on account of the
Penitentiary, from its organization to the present time.
Which was taken up, read and agreed to.
Mr. Kellogg reported a bill to authorize Osborn McGinnis,
administrator de bonis non of the estate of James B. Dougher¬
ty, late of Jackson county, deceased, and guardian of the ward
of said deceased, to removfe the said record from the county of
Jackson to the county of Forsyth, and make annual returns in
the county of Forsyth, which was read the first time.
Mr. Broad.dus reported a bill for the relief of Silas Grubbs,
tax collector, and others therein named, which was read the first
time.
Mr. Holderness reported a bill to amend the laws relating to
writs of scirefacias, which was read the first time.
On motion of Mr. Wofford, the unfinished business of yes¬
terday was passed over for to-day.
On motion of Mr. Hardeman, the special order of to-day, to
wit, the bills incorporating manufacturing companies, was made
the special order for to-morrow.
On motion, the order was suspended, to take up bills of the
Senate for a second reading, and bills of the House of Repre¬
sentatives for a first reading.
The following message was received from the House of
Representatives^by Mr. Word, their Clerk:
188
JOURNAL OF THE
Mr. President—The House of Representatives have passed
the following bill, to wit:
A bill to amend an act entitled an act to alter the time for
the election of the Mayor and Aldermen of the city of Savan¬
nah, to reduce the number of Aldermen, to make the Mayor's
election by the people, and to prescribe his duties, and to pro¬
vide for the election of certain officers therein named, assented
to 25th December, 1843, so far as regards the 2d, 6th and 7th
sections of said act.
They have also agreed to the following resolutions, to wit:
A resolution and report in favor of Baradel P. Stubbs.
A resolution relative to a mail route from Dahlonega, (Geor¬
gia, to Spring Place, Georgia.
A resolution relative to the Bank of Darien.
A resolution authorizing his Excellency the Governor to sell,
or have sold, the real estate belonging to the Bank of Da¬
rien.
To which they ask the concurrence of the Senate.
They have also concurred in the resolution of Senate in re¬
lation to the Commercial Bank of Macon.
Which I am directed to return to this branch of the General
Assembly.
The following bills of Senate were taken up and read the
second time, and referred to a Committee of the-Whole:
A bill to alter the Constitution so as to allow one Senator
from each county.
A bill to cede to the United States of America all the right,
title and interest of the State of Georgia in, to and over a re¬
serve of twenty acres of land on the Island of Cockspur, in the
Savannah river, and also the jurisdiction thereof.
• A bill to apportion the Representatives among the several
counties in this State, according to the seventh section of the
first article-of the Constitution.
A bill to compel the Banks of this State to pay a tax on
the highest amount of Bank stock hereafter returned by them
as subject to taxation within the limits of their respective
charters.
A bill to commute the bonds of this State issued in redemp¬
tion of the bills and liabilities of the Central Bank of Geor¬
gia.
The following message was received from his Excellency
the Governor, by Mr. Steele, his Secretary :
Mr. President—His Excellency the Governor has approved
and signed,
An act to pardon William Burton, of Greene county.
And has directed me to return the same to the Senate.
senate.
189
The following message was received from the House of
Representatives, by Mr. Word, their Clerk :
Mr. President—The House of Representatives have agreed
to certain resolutions relative to the death of John Hentz,
Esquire, a member elect from the county of Baker; and have
appointed 011 their part, a committee, consisting of Messrs.
Robinson of Early, Jackson, Fambrough, Green of Crawford
and Lewis, to join such committee as may be appointed by the
Senate.
To which they ask the concurrence of the Senate.
On motion, the Senate took up and concurred in the
following resolution from the House ot Representatives, to
wit :
Whereas, information has been received by this branch of
the General Assembly that John Hentz, Esquire, a member
from the county of Baker, hath departed this life; and where¬
as, it becomes our duty to testify our respect for the de¬
ceased, in a manner worthy the character he sustained while
living—
Be it therefore resolved, That a committee of five be ap¬
pointed by the House, to join such committee as may be ap¬
pointed by the Senate, to make suitable arrangements for the
funeral of the deceased.
Resolved, That both branches of the General Assembly will,
in a body, attend the funeral of the deceased.
Resolved, That as an additional testimony of respect for the
deceased and regret for his loss, we will wear the usual badge
of mourning for twenty days.
Resolved, That the Clerk be directed to take these resolu¬
tions forthwith to the Senate, and so soon as they concur therein,
the House will adjourn for this day.
Whereupon, the President appointed the following, as the
committee on the part of the Senate, to wit:
Messrs. Colley, Thomas F. Anderson, John M. King, Brown,
and Mitchell.
And the Secretary was directed to return the same to the
House of Representatives, forthwith.
On motion, the Senate adjourned until 3 o'clock, P. M.
190
journal op the
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Colley, from the Joint Committee of Arrangements, re¬
ported the following, as the order of procession at the funeral
of Hon. John Hentz, to wit:
The President of the Senate, Secretary and members of the
Senate, the Speaker of the House, Clerk and members of the
House, will march in double file to the Baptist Church, pre¬
ceded by his Excellency the Governor, and the State House
Officers, with the Secretaries of the Executive Depart¬
ment.
The Committee of Arrangements, with Messrs. Wesley
King, Hackett and Jones, of the Senate, and Messrs. Bellvin,
Gaulden of Stewart, and Morris, of the House, as pall
bearers, will then withdraw to the lodgings of the deceased,
at Mrs. Haynes' Hotel, and accompany the body to the
Church.
From the Church to the grave, the following will be the or¬
der, to wit:
1st. The body of deceased, with pall bearers.
2d. The reverend Clergy.
3d. His Excellency the Governor, with the State House Of¬
ficers and Secretaries of Executive Department.
4th. The Committee of Arrangements.
5th. The President of Senate and Secretary.
6th. The Members of Senate, in double file.
7th. The Speaker of the House and Clerk.
8th. The Members of House, in double file.
9 th. The citizens generally.
And on motion, the same was agreed to.
The President and Members of the Senate retired then
from their Chamber, to attend the funeral of John Hentz, Es¬
quire.
After which they returned, and
On motion, adjourned until half past 9 o'clock, to-morrow
morning.
senate.
191
WEDNESDAY, December 10, 1845.
The Senate met pursuant to adjournment.
Mr. Calhoun offered the following resolution, which was ta¬
ken up, read, and agreed to:
Be it resolved by the Senate an,d House of Representatives,
fyc., That his Excellency the Governor he, and he is hereby
authorized and required to have thoroughly and substantially
repaired, the monuments over the graves of the Senators and
Representatives who died in the service.of the State, and whose
remains are deposited in the grave yard in the city of Milledge-
ville—and the Governor is hereby authorized to pay the ex¬
penses that may be incurred in complying with this resolution,
out of the contingent fund.
Mr. Stell offered the following resolution:
Resolved, That his Excellency be requested to transmit to
the Senate, at his earliest convenience, a specific statement of
the salary of the Chief Engineer of the Western and Atlantic
Rail Road, the number of sub-Engineers, and their salaries, the
amount paid to clerks, and from what fund, the aggregate
amount of contingent expenses allowed to the service of that
department, and also, the probable amount of money received
and disbursed by the Chief Engineer and his auxiliaries, and
upon what securities.
Which was taken up, read, and agreed to.
On motion of Mr. Kenan,
The order was suspended, and the Senate took up, as the
report of the" Committee of the Whole,
The reconsidered bill to repeal so much of an act passed 3d
December, 1839, as relates to the mode and manner of electing
Clerk and Marshal of the corporation of the city of Milledge-
ville.
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 13.
Those voting affirmatively are Messrs. Allen, William Q.
Anderson, Brown, Calhoun, Cone, Crawford, Curry, Field, Gig-
nilliatt, Hardeman, Harris, Hines, Jackson Kenan, Wesley
King, Long, McGahagan, Miller, Mitchell, Reynolds, Ridley,
Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Reall, Chastain, Colley, Kellogg, Lewis, Martin, McGreggor,
Murphey, Smith, Stell, Wilcox, Wofford.
So the bill was passed.
192
JOURNAL OF THE
On motion of Mr. Long, the order was suspended, and the
following bill from the House of Representatives was taken up,
and read the second time, and referred to a Committee of the
Whole:
A bill to repeal an act entitled an act to consolidate the offi¬
ces of tax collector and receiver of tax returns of the counties
of Forsyth, Carroll, Madison, Habersham and Ware, passed
27th December^ 1838, so far as relates, to the county of Madi¬
son.
On motion of Mr. Hines, the order was suspended, and ,
The Senate took up, as the report of the Committee of the
Whole,
The bill to confer the rights of citizenship, in Liberty county,
upon certain residents of Mcintosh county.
Mr. Hardeman offered the following amendment:
Provided, That the persons embraced in the provisions of
this act, shall not have the privilege of voting in Liberty
county.
And on motion,, the bill, was laid upon the table for the pre¬
sent.
Mr. Ridley offered the following resolution, which was taken
up, read, and agreed to :
Resolved by the Senate and House of Representatives, That
his Excellency the Governor be, and is hereby requested to send
with the Laws and Journals of the present session of the Le¬
gislature, two copies of Georgia Justice and two copies of
Prince's Digest, to the Clerk of the Superior Court of Troup
county, for the use of the Justices of the inferior and magis¬
trates' courts of said county.
Mr. Martin offered the following resolution, to wit:
Whereas, the Principal Keeper of the Penitentiary reports
that the sum of $8,117 11 of old debts has been paid at the
Penitentiary, without stating how, and by what those debts
were paid—
Be it therefore resolved, That the Book Keeper of the Pen¬
itentiary report to this branch of the General Assembly, at his
earliest convenience, how, by what, and in what manner said
old debts were paid—and whether any, how much, and what
part thereof, were discharged by debts due by creditors and
others, to the Institution.
Mr. Chastain, from the Committee on Enrollment, reported as
duly enrolled, and ready for the signature of the President, the
following resolutions, to wit:
A resolution requiring the Commercial Bank, of Macon, to
make a return, under oath, to his Excellency, the Governor,
setting forth the condition of said Bank, and the amount of
stock paid up by the present stockholders.
SENATE.
193
A resolution requiring the Comptroller General to audit the
accounts of persons appointed in the several counties to take the
late census of this State.
The Senate took up the unfinished business passed over on
yesterday, to wit:
The report of the Committee of the Whole on the bill to in¬
corporate the proprietors of the Augusta Canal.
The question being on Mr. Miller's motion to lay Mr. Stell's
amendment on the table for the balance of the session,
Upon which motion the yeas and nays were required to
be recorded, and are—yeas 25, nays 19.
Those voting affirmatively are Messrs. Allen, William Q,.
Anderson, Boynton, Broaddus, Brown, Calhoun, Cone, Craw¬
ford, Curry, Gignilliatt, Hardeman, Harris, Hines, Jackson,
Kenan, Wesley King, Long, McGahagan, Miller, Mitchell,
Murphey, Nickelson, Reynolds, Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Chastain, Colley, Field, Hackett, Hill, Holderness, Jones,
Kellogg, John M. King, Lee, Lewis, Martin, McGreggor,
Smith, Stell, Wilcox, Wofford.
So the motion was carried.
Mr. Kenan offered the following amendment, which was
agreed to:
And be it further enacted, That the stockholders shall be
liable for the debts of said Company, in proportion to their re¬
spective interests therein, and that said Company shall not, at
any time, contract debts beyond half the amount of the capital
invested.
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 27, nays 17.
Those voting affirmatively are Messrs. Allen, Wm. Q,. An¬
derson, Boynton, Broaddus, Brown, Calhoun, Cone, Crawford,
Curry, Gignilliatt, Hardeman, Harris, Hines, Jackson, Jones,
Kenan, John M. King, Wesley King, Long, McGahagan, Mil-
ler; Mitchell, Murphey, Nickelson, Reynolds, Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall Chastain, Colley, Field, Hackett, Hill, Holderness, Kel¬
logg, ' Lee, Lewis, Martin, McGreggor, Smith, Stell, Wilcox,
Wofford.
So the bill was passed.
25
194
JOURNAL OF THE
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have passed
the following bill of Senate, to wit:
A bill to authorize the grant to lot of land number ninety-
four, in the fifth district and third section of originally Chero¬
kee, now Cass county, to issue to Stephen Ellis, the drawer
thereof, on the payment of the grant fee into the Treasury of
the State of Georgia.
Which I am directed to return forthwith to this branch of the
General Assembly.
The Senate took up the special order, being the report of the
Committee of the Whole, on
The bill to be incorporate the Flint River Manufacturing
Company, of the county of Upson.
The question being on receiving the following amendment
offered by Mr. Miller, as an amendment, by way of substitute
for Mr. StelPs amendment, to wit:
That the individual property of stockholders shall be bound
and liable in proportion to the.amount of stock subscribed for;
and that at no time shall the debts of the incorporation created
under this act amount to more than one half of the stock sub¬
scribed for.
And on the question to receive the same, the yeas and nays
were required to be recorded, and are—yeas 21, nays 23.
Those voting affirmatively are Messrs. Allen, Wm. Q,. An¬
derson, Boynton, Brown, Calhoun, Crawford, Curry, Gignilliatt,
Hardeman, Harris, Hines, Kenan, Wesley King, Long, McGa-
hagan, Miller, Mitchell, Nickelson, Reynolds, Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Chastain, Colley, Cone, Field, Hackett, Hill,
Holderness, Jackson, Jones, Kellogg, John M. King. Lee, Lew¬
is, Martin, McGreggor, Murphey, Smith, Stell, Wilcox, Wofford.
So the amendment was lost.
Mr. Cone then offered the following amendment, by way of
substitute to Mr. Stell's amendment :
And be it further enacted by the authority of the same,
That before this charter shall enure to the benefit of the corpo¬
rators, or shall be deemed to confer any corporate right on them,
a return shall be made to the Governor, verified by the oaths
of the President and Treasurer, or Secretary of said Company,
that the amount actually subscribed has been paid in, and in¬
vested, giving a description of the property, and its locality and
extent, in which said investment is made.
And be it further enacted, That after said Company shall
have made such return, it shall be the duty of said Company
SENATE.
195
to keep said property, and any additional property they may be
authorized, under their charter, to acquire, covered by insurance
to three-fourths of the amount of its real value, and it shall be
the duty of said Company, on the first day of November, in
each and every year, to make and return to the Governor, ver¬
ified as in the immediately preceding section, giving a detailed
condition of its affairs, stating particularly a list of its stock¬
holders, and the number of shares held by each, its expendi¬
tures, receipts and dividends, together with a description of the
property held by them, similar to that required in the last sec¬
tion, and said return shall be accompanied by proof that said
property has been duly insured, as herein required.
And be it f urther enacted, That in case such Company shall
fail to make such return, on the first day of November, in each
and every year, and to afford the required proof of the proper¬
ty having been kept insured, as heretofore directed, it shall be
the duty of the Governor to issue forthwith his proclamation,
declaring this charter forfeited, and said Company dissolved—
and thereupon, any creditor of said Company may, in his own
name, and in behalf of himself and the other creditors, file his
petition or bill to the Judge of the Superior Court of the county
in which said Company is located, whose duty it shall be to
forthwith appoint a Receiver (not being an officer or stockhold¬
er,) to take into possession all the assets of said Company, and
distribute the same, under the direction of said Judge, among,
the creditors, according to their respective liens ; for the pur¬
pose of collecting the debts due said Company, the said Re¬
ceiver may use the corporate name of said Company, so dis
solved by the proclamation of the Governor.
And be it further enacted, That the returns so made from
year to year, shall be published, by order of the Governor, at
the expense of said Company.
And be it further enacted, That the persons and property of
the stockholders in said Company, shall be bound for the pay¬
ment of the said Company's debts to the following extent: that
is to say, every stockholder shall be responsible to pay to the
extent of the par value of his or her stock.
Mr. Brown called for the previous question—and on the ques¬
tion, "shall the main question be now put,"
The yeas and nays were required to be recorded, and are—
yeas 20, nays 24.
Those voting affirmatively are Messrs. Allen, Wm. Q,. An¬
derson, Boynton, Brown, Calhoun, Crawford, Curry, Gignilliatt,
Hardeman, Hines, Kenan, Wesley King, Long, McGahagan,
Miller, Mitchell, Nickelson, Reynolds, Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Chastain, Colley, Cone, Field, Hackett, Har-
196
journal of the
ris, Hill, Holderness, Jackson, Jones, Kellogg, John M- King,
Lee, Lewis, McGreggor, Martin, Murphey, Smith, Stell, Wilcox,
WofforcL
So the Senate refused to sustain the previous question—and
the report and amendment laid over for one day, under the rule.
Mr. Chastain, from the Committee on Enrollment, reported
as duly enrolled, and signed by the Speaker of the House of
Representatives, and ready for the signature of the President,
the following acts, to wit:
An act to carry into effect that part of the first section of the
third article of the Constitution which requires the establish¬
ment of a Supreme Court for the Correction of Errors, and to
organize the same, and to regulate the proceedings thereof.
An act to amend an act to incorporate the Fire Company of
the city of Columbus, to be known by ffie name and style of
the Columbus Fire Company No. One, assented to December
28,1843.
An act to extend the time for taking out grants for lands
heretofore surveyed on head rights and bounty warrants, and
to authorize the Justices of the inferior courts to sign land war¬
rants, and to legalize warrants that have heretofore been signed
by a Justice of the inferior court.
An act to pardon Charles Jones, of the county of Lump¬
kin.
An act to compel the superintendents of elections held for
Governor, Members of Congress, Senators and Representatives
in the State Legislature, to file in the office of the Clerk of the
Superior Court one list of the voters at said election.
Also, a resolution of the House authorizing his Excellency to
appoint three fit and proper persons to audit the accounts of We.
Y. Hansell, F. H. Sanford and Thomas C. Hackett, Esquires,
for services rendered the State.
The following communication was received from his Ex¬
cellency the Governor, by Mr. Anderson, his Secretary:
Mr. President—His Excellency the Governor has approved
and signed the following act:
An act to carry into effect that part of the first seetion of the
third article of the Constitution which requires the establish¬
ment of a Supreme Court for the Correction of Errors, and to
organize the same, and to regulate the proceedings thereof.
He has also approved and signed a resolution directing the
Comptroller General to audit the accounts of persons appointed
in the several counties to take the late census, and
A resolution requiring the President and Cashier pf the Com¬
mercial Bank, at Macon, forthwith to make a return of the con¬
dition of the Bank, &c., to the Governor.
Which he has directed me to return to the Senate-
senate.
197
The President laid before the Senate a communication from
the Treasurer, in answer to a resolution of Senate.
Which, on motion, was referred to the Joint Standing Com¬
mittee on the Penitentiary, and fifty copies ordered to be print¬
ed, for the use of Senate.
Mr. Hackett moved an adjournment.
The hours of 20 minutes past 9 o'clock, to-morrow morning,
9 o'clock, and 3 o'clock, this afternoon, being suggested—
The question was first put on 20 minutes past 9 o'clock—
which was lost.
On the question to adjourn until 9 o'clock, to-morrow morn¬
ing, the yeas and nays were required to be recorded, and are,
yeas 29, nays 15.
Those voting affirmatively are Messrs. Thos. F. Anderson?
Beall, Broaddus, Brown, Calhoun, Chastain, Colley, Cone, Cur¬
ry, Field, Gignilliatt, Hackett, Hardeman, Hill, Holderness,
Jackson, Jones, Kellogg, Kenan, John M. King, Wesley King
Lee, MeGreggor, Mitchell, Murphey, Smead, Smith, Stell,
Wilcox.
Those voting negatively are Messrs. Allen, Wm. Q. Ander¬
son, Boynton, Crawford, Harris, Hines, Lewis, Long, Martin,
McGahagan, Miller, Nickelson, Reynolds, Ridley, Wofford.
So the motion was carried—and the Senate adjourned ac¬
cordingly.
THURSDAY, December 11, 1845.
The Senate met pursuant to adjournment.
Mr. Field reported a bill to incorporate the Mountain Fire
Company of Dahlonega, which was read the first time.
Mr. Kellogg moved a suspension of the rule, for the purpose
of taking up, as a report of the Committee of the Whole, the
bill from the House of Representatives for the correction of
errors in plats and grants.
The motion was lost.
The Senate took up the unfinished business of yesterday,
laid over under the rule, being the report of the Committee of
the Whole on the bill to incorporate the Flint River Manufac¬
turing Company, of the county of Upson.
Mr. Cone asked for leave to withdraw his amendment, and
offer it as an additional section.
Which was granted.
198
JOURNAL OF THE
Mr. Miller offered the following amendment, by way of
substitute to Mr. Stell's amendment:
And be it further enacted, That the debts of said Company
shall never exceed half of the amount of the capital paid in,
for which the stockholders shall be personally liable in propor¬
tion to their respective interests; and if said debts at any time
exceed said amount, the stockholders shall be jointly and seve¬
rally liable for the whole.
Upon which amendment, the yeas and nays were required
to be recorded, and are—yeas 21, nays 22.
Those voting affirmatively are Messrs. Allen, Wm. Q,. Ander¬
son, Boynton, Brown, Calhoun, Crawford, Curry, Gignilliatt,
Hardeman, Harris, Hines, Kenan, Wesley King, Long, McGa-
hagan, Miller, Mitchell, Nickelson, Reynolds, Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Chastain, Colley, Cone, Field, Hackett, Hill,
Holderness, Jackson, Kellogg, John M. King, Lee, Lewis,
'Martin, McGreggor, Murphey, Smith, Stell, Wilcox, Wof-
ford.
So Mr. Miller's amendment was rejected.
Mr. Miller offered the following amendment to Mr. Stell's
amendment:
And be it further enacted, That the debts of said company
shall never exceed half of the amount of the capital paid in,
for which the stockholders shall be personally liable in propor¬
tion to their respective interests ; and if said debts at any time
exceed said amount, the stockholders shall be jointly and seve¬
rally liable for the whole ; and the managers of said company
shall semi-annuaHy, in April and October, make a return, on
oath, to the Governor, of the amount of capital actually paid
in, with the names of the stockholders and the number of
shares held by each; with a particular statement of the condi¬
tion of said company.
And on the question to agree to the amendment, the yeas
and nays were required to be recorded, and are—yeas 22,
nays 22.
Those voting affirmatively are Messrs. Alien, Wm. Q. An¬
derson, Boynton, Broaddus, Brown, Calhoun, Crawford, Cur¬
ry, Gignilliatt, Hardeman, Harris, Hines, Kenan, Wesley King,
Long, McGahagan, Miller, Mitchell, Nickelson, Reynolds, Rid¬
ley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Chastain, Colley, Cone, Field, Hackett, Hill, Holder¬
ness, Jackson, Jones, Kellogg, John M. King, Lee, Lewis, Mar¬
tin, McGreggor, Murphey, Smith, Stell, Wilcox, Wofford.
SENATE.
199
There being a tie, the Chair voted in the negative.
So the amendment was lost.
Mr. Calhoun offered the following, as an amendment to Mr
Stell's amendment :
" All the members of the company shall be jointly and seve¬
rally liable for all debts and contracts made by the company,
until the whole amount of the capital stock fixed and limited
by the company shall have been paid into the treasury of said
company ; and if the debts shall exceed, at any one time, more
than one half the amount of the stock, the members shall be
liable, in their individual capacities, for 'the whole amount of
the indebtedness of the company.
" The operatives of the company shall have a lien upon the
property of the company in preference to all other cred¬
itors."
On the motion to receive the amendment to the amendment,
The yeas and nays were required to be recorded, and are—
yeas 21, nays 23.
Those voting affirmatively are Messrs. Allen, Wm. Q. An-
dersorv-Boynton. Brown, Calhoun, Crawford, Curry, Gignilli-
att, Hardeman, Harris, Hines, Kenan, Wesley King, Long,
McGahagan, Miller, Mitchell, Nickelson, Reynolds, Ridley,
Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Chastain, Colley, Cone, Field, Hackett, Hill,
Holderness, Jackson, Jones, Kellogg, John M. King, Lee, Lew¬
is, Martin, McGreggor, Murphey, Smith, Stell, Wilcox, Wof-
ford.
So the Senate refused to receive the amendment to the
amendment.
Mr. Brown called for the previous question.
And upon the question, "shall the main question be new
put,"
The yeas and nays were required to be recorded, and are-
yeas 21, nays 23.
Those voting affirmatively are Messrs. Allen, Wm. Q,. An¬
derson, Boynton, Brown, Calhoun, Crawford, Curry, Gignilli-
att, Hardeman Harris, Hines, Kenan, Wesley King, Long,
McGahagan, Miller, Mitchell, Nickelson, Reynolds, Ridley,
Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Chastain Colley, Cone, Field, Hackett, Hill,
Holderness, Jackson, Jones, Kellogg, John M. King, Lee,
200
JOURNAL OF THE
Lewis, Martin, McGreggor, Murphey, Smith, Stell, Wilcox,
Wofford.
So the Senate refused to put the main question—and the
jeport laid over for a day, under the rule.
The Senate took up the special order of the day, being the
report of the Committee of the Whole on the bill to incorpo¬
rate the Gregg Manufacturing Company of this State.
Mr. Cone moved the indefinite postponement of the bill.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 15, nays 28.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Chastain, Cone, Field, Hackett, Jones, Kellogg, John M.
King, Lewis, Martin, McGreggor, Smith, Stell, Wilcox, Wof¬
ford.
Those voting negatively are Messrs. Allen, William Q,. An¬
derson, Beall, Boynton, Broaddus, Brown, Calhoun, Colley,
Crawford, Curry, Gignilliatt, Hardeman, Harris, Hill, Hines,
Holderness, Jackson, Kenan, Wesley King, Lee, McGaha-
gan, Miller, Mitchell, Murphey, Nickelson, Reynolds, Ridley,
Smead.
So the Senate refused to postpone indefinitely.
Mr. Stell moved that the Senate pass over the bill for the
present.
On which motion the yeas and nays were required to be re¬
corded, and are yeas 11, nays 29.
Those voting affirmatively are Messrs. Beall, Chastain,
Holderness, Kellogg, Lee, Lewis, Martin, McGreggor,
Stell, Wilcox, Wofford.
Those voting negatively are Messrs. Allen, Thomas F.
Anderson, Win. Q. Anderson, Broaddus, Brown, Calhoun,
Colley, Cone, Crawford, Curry, Field, Gignilliatt, Harde¬
man, Harris, Hill, Hines, Jackson, Jones, Kenan, John M.
King, Wesley King, McGahagan, Miller, Mitchell, Nick¬
elson, Reynolds, Ridley, Smead, Smith.
So the Senate refused to pass over the bill for the present.
Mr. Stell offered the following amendment, to wit:
And be it further enacted, That the private property of the
stockholders shall be jointly and severally bound for the pay¬
ment of the debts against said incorporation, and in the event
of a failure, any and all transfer or transfers of stock made
within twelve calendar months immediately preceding the
same, shall be held and deemed fraudulent and void.
SENATE.
201
The previous question being moved and seconded, and sus¬
tained, the main question was then put, on agreeing to the re¬
port of the Committee of the Whole.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 19, nays 24.
Those voting affirmatively are Messrs. Alien, William Q.
Anderson, Boynton, Brown, Calhoun, Crawford, Curry,
Gignilliatt, Hardeman, Hines, Kenan, Wesley King, Long,
McGahagan, Miller, Mitchell, Nickelson, Reynolds, Ridley.
Those voting negatively are Messrs. Thos. F. Anderson,
Beall, Broaddus, Chastain, Colley, Cone, Field, Hackett,
Hill, Holderness, Jackson, Jones, Kellogg, John M. King,
Lee, Lewis, Martin, McGreggor, Murphey, Smead, Smith,
Steli, Wilcox, WofFord.
So the Senate disagreed to the report of the committee, and
the bill was lost.
Mr. Chastain, from the Committee on Enrollment, reported as
duly enrolled, and signed by the Speaker of the House of Rep¬
resentatives, and ready for the signature of the President, the
following act, to wit:
An act to authorize the grant to lot of land number ninety-
four, in the fifth district and third section of originally Chero¬
kee, now Cass county, to issue to Stephen Ellis, the drawer of
said lot of land, on the payment of the grant fee.
The Senate took up the special order of the day, it being
the report of the Committee of the Whole on the bill to incor¬
porate " the Augusta Manufacturing Company."
Mr. Stell offered the following as an amendment to the re¬
port of the Committee of the Whole :
And be it f urther enacted, That the private property of the
stockholders shall be jointly and severally bound for the pay¬
ment of the debts against the incorporation ; and in the event
of a failure, any and all transfer or transfers of stock made
within twelve calendar months immediately preceding the
same, shall be held and deemed fraudulent and void.
Mr. Miller offered the following as additional sections, by
way of amendments :
'Sec. —. And be it further enacted, That John Phinizy,
Benjamin H. Warren, John Milledge, Benjamin Conly and
James B. Bishop, or any of them, be, and they are hereby ap¬
pointed Commissioners for the purpose of opening books of sub¬
scription for stock, under, the same provisions and restrictions
as herein before stated in relation to the Augusta Manufactur¬
ing Company; and that when the stock' is so taken and the as¬
sociation organized in the same maimer as herein before pro-
26*
202
jouhnal of the
vided, such subscribers shall be a body politic and corporate,
by the name and style of the Georgia Manufacturing Compa¬
ny ; and as such shall be entitled to all the rights, powers and
privileges, and be subject to all the restrictions and liabilities
that are granted to and imposed upon " The Augusta Manu¬
facturing Company."
Sec. —. And be it further enacted, That William T. Gould,
Ignatius P. Garvin, John Foster, Helary B. Frazer and Benja¬
min Hall, or any of them, be, and they are hereby appointed
Commissioners for the purpose of opening books of subscrip¬
tions for stock, under the same provisions and restrictions as
herein before stated, in relation to the Augusta Manufacturing
Company; and that when the stock is so taken, and the asso¬
ciation organized, in the same manner as is herein before pro¬
vided, such subscribers shall be a body politic and corporate,
by the name and style of the Richmond Manufacturing Com¬
pany ; and as such, shall be entitled to all the rights, powers,
and privileges, and be subject to all the restrictions and liabili¬
ties that are granted to and imposed upon the Augusta Manu¬
facturing Company.
The previous question being called and seconded, and sus¬
tained, and the main question being on agreeing to the report
of the Committee of the Whole,
The yeas and nays were required to be recorded, and are—
yeas 19, nays 23.
Those voting affirmatively are Messrs. Allen, William Q,.
Anderson, Boynton, Brown, Calhoun, Crawford, Curry,
Gignilliatt, Hardeman, Harris, Hines, Wesley King, Long,
McGahagan, Miller, Mitchell, Nickelson, Reynolds, Rid¬
ley.
Those voting negatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Chastain, Colley, Cone, Field, Hack-
ett, Hill, Holderness, Jackson, Jones, Kellogg, John M.
King, [me, Lewis, Martin, McGreggor, Murphey, Smith,
Stell, Wilcox, Wofford.
So the Senate refused to agree to the report, and the bill was
lost.
The Senate took up the special order of the day, it be¬
ing Mr. Jackson's resolutions in relation to the Tariff and
Texas.
Mr. Miller offered the following amendment, by way of a
substitute :
Whereas, direct taxation is at variance with the true genius
of our government, and it is proper and expedient that the
wants of the government, economically administered, should
be supplied from duties upon imposts—therefore,
SENATE.
20£
1st. Resolved by the Senate and House of Representatives of
the State of Georgia, in General Assembly met, That a tariff
for revenue should be so adjusted as not to give any preference
to foreign, over domestic interest.
2d. Resolved, That in the opinion of this body, the tariff act
of 1842, if altered, should place all the departments of Ameri¬
can industry, as far as possible, upon an equal footing.
Whereas, the annexation of Texas has been agreed to by'
Congress, and been assented to by the people of Texas, there¬
fore—
3d. Resolved, That in the opinion of this General Assembly,-
it is the duty of every good citizen to yield implicit obedience
to the law of the land, and to throw no obstacle in the way of
the complete consummation of said act of annexation.
Mr. Ridley moved that the resolutions and amendment lie
on the table for the balance of the session.
Mr. Calhoun moved that they be postponed until the first nf
January.
Mr. Miller moved the previous question on the motion to lay
on the table for the balance of the session.
Which was sustained.
And on the main question, to postpone indefinitely, the yeas
and nays were required to be recorded, and are—yeas 21,
nays 23.
Those voting affirmatively are Messrs. 'Allen, Wm. Q.
Anderson, Boynton, Brown, Calhoun, Crawford, Curry,
Gignilliatt, Hardeman, Harris, Hines, Kenan, Wesley King,
Long, McGahagan, Miller, Mitchell, Nickelson, Reynolds,
Ridley, Smead.
I
Those voting negatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Chastain, Colley, Cone, Field, Hack-
ett, Hill, Holderness, Jackson, Jones, Kellogg, John M.
Kinsr, Lee, Lewis, Martin, McGreggor, Murphey, Smith,
Stell, Wilcox, Wofford.
So the Senate refused to postpone indefinitely.
Mr. Wofford then called for the previous question, being on
agreeing to the original resolutions.
Which was sustained.
And on the question being put to agree to the resolutions,
The yeas and nays were required to be recorded, and are—
yeas 23, nays 20.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Chastain, Colley, Cone, Field, Hackett,
Hill, Holderness, Jackson, Jones, Kellogg, John M. King, Lee,
204
JOURNAL OF THE
Lewis, Martin, McGreggor, Muiphey, Smith, Stell, Wilcox,
Wofford.
Those- voting negatively are Messrs. Allen, William Q.
Anderson, Boynton, Brown, Calhoun, Crawford, Curry, Gig-
nilliatt, Hardeman, Harris, Kenan, Wesley King, Long, Mc-
Gahagan, Miller, Mitchell, Nickelson, Reynolds, Ridley, Smead.
So the resolutions were agreed to.
On motion of Mr. Kenan,
The order was suspended, when he offered the following
resolution
Resolved, It is not the intention of this Legislature to say,
" that the duties on all articles should be at the same or a hori¬
zontal rate; some articles will bear a much higher revenue
duty than others. Below the maximum of the revenue stan¬
dard, Congress may and ought to discriminate in the rates im¬
posed."
And on his motion to take up the same,
The yeas and nays were required to be recorded, and are—
yeas 20, nays 23.
Those voting affirmatively are Messrs. Allen, Wm. G. An¬
derson, Boynton, Brown, Calhoun, Crawford, Curry, Harde¬
man, Harris, Hines, Kenan, Wesley King, Long, McGaha-
gan, Miller, Mitchell, Nickelson, Reynolds, Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Chastain, Colley, Cone, Field, Hackett, Hill, Holder-
ness, Jackson, Jones, Kellogg, John M. King, Lee, Lewis,
Martin, McGreggor, Murphey, Smith, Stell, Wilcox, Wofford.
So the Senate refused to take up.
On motion, the order was suspended, and the Senate took
up the following resolution :
Resolved, That both branches of the General Assembly will
convene in the Representative chamber, at 11 o'clock, A. M.,
on Wednesday next, for the purpose of electing three Judges
of the Supreme Court—one for two years, one for four years,
and one for six years, in conformity with an act passed at the
present session of the Legislature, for the organization of said
Court.
Mr. Lee moved to strike out Wednesday—which was lost.
The resolution was agreed to.
And the Secretary directed to take the same to the House,
forthwith. v
On motion, the order was suspended, and Mr. Miller of¬
fered the following resolution, which was taken up, read and
agreed to:
Resolved\ That for the remainder of the session, the Senate
SENATE.
205
will meet each day at half after nine o'clock, A. M., and three
o'clock, P. M., unless otherwise ordered.
He also offered, the following resolution :
Resolved by the Senate and House of Representatives of
the State of Georgia, That the Secretary of State, under the
direction of the ^Governor, be, and he is hereby directed to
complete all incomplete .records in his office, so far as there
are the means in his office of appertaining and correcting de¬
fects.
The Senate took up, as the report of the Committee of the
Whole,
The bill to incorporate certain persons under the name and
style of the Coweta Falls Manufacturing Company.
The report was agreed to—and on the question, shall this
bill now pass,
The yeas and nays were required to, be recorded, and are—
yeas 21, nays 23.
Those voting affirmatively are Messrs, Thomas F. Ander¬
son, Beall, Broaddus, Chastain, Colley, Curry, Field, Hackett,
Hill, Holderness, Jackson, Kellogg, Lee,, Lewis, Martin, Mur-
phey, Smead, Smith, Stell, Wilcox, WofFord.
Those voting negatively are Messrs. Allen, William Q. An¬
derson, Boynton, Brown, Calhoun, Cone, Oawford, Gignilli-
att, Hardeman, Harris, Hines, Jones, Kenan, Wesley King,
Long, McGahagan, McGreggor, Miller, Mitchell, Nickelson,
Reynolds, Ridley.
So the bill was lost.
The Senate took up the report of the Committee of the
Whole on the reconsidered bill to alter and amend an act as¬
sented to on the 26th day of December, 1838, to authorize the
business of Free Banking, and to regulate the same.
Mr. Crawford offered the following amendment—which was
agreed to:
And be it further enacted, That the stockholders shall be
liable in their persons and property for all the debts of the in¬
corporation ; and if any stockholder shall at any time transfer
his stock, his property shall continue liable for all contracts
contracted previous to such transfer.
And on the motion to agree to the" report, as amended,
The yeas and nays were required to be recorded, and are—
yeas 20, nays 21.
Those voting affirmatively are Messrs. Allen, Colley, Field,
Hackett, Hardeman, Hill, Holderness, Jackson, Jones, Kel¬
logg, John M. King, Wesley King, Lee, Martin, McGreggor,
Murphey, Smead, Smith, Stell, Wilcox.
206
journal of the
Those voting negatively are Messrs. Thomas F. Anderson,
Wm. Q,. Anderson, Beall, Boynton, Brown, Calhoun, Chas-
tain, Crawford, Curry, Gignilliatt, Harris, Hines, Kenan, Long,
McGahagan, Miller, Mitchell, Nickelson, Reynolds, Ridley,
Wofford.
So the report was disagreed to, and the bill lost.
A communication was received from his Excellency the
Governor, by Mr. Anderson,* his Secretary.
On motion, the Senate adjourned until 3 o'clock, P. M.
ThAee 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 the South-western Rail Road Com¬
pany, with power to extend Branches to Albany, in the county
of Baker, and Fort Gaines, in the county of Early, or to any
point below those places, on the Flint and Chattahoochee rivers.
Mr. Crawford offered the following amendment to the first
section, by adding the following names, which was agreed to,
to wit:
W. B. Parker, A. R. McLaughlin, Charles Cotton, James Rea,
Erastus Graves, J. L. Jones, Charles Campbell, Edwin Graves,
E. A. Nesbit, H. G. Lamar, J. D. Carhart, J. B, Ross, J. A.
Brown, R. H. Randolph, N. C. Monroe.
Mr. Crawford moved to amend the second section, by stri¬
king out the word " shall," and inserting the word " may," to
come in after the words " capital of said company"—which was
agreed to.
Mr. Crawford moved to amend the second section, by adding
" or to any point or points upon the Flint or Chattahoochee riv¬
er, below Albany and Fort Gaines"—which was agreed to.
The eleventh section having been read,
Mr. Stell offered the following proviso, by way of amend¬
ment to the same—which was lost:
Provided, That such rate of toll for the transportation of all
produce, goods, wares, merchandise, and other effects, and also
the rate of toll to be charged for each and every passenger pass¬
ing or travelling thereon, shall not exceed the like rates of toll
prescribed and allowed to be charged by other Rail Road com¬
panies in this State.
SENATE.
20 7
The 14th section being read,
Mr. Crawford moved to fill the blank with " one half of one
per cent.," as the highest rate of taxation—which was agreed
to.
Mr. Calhoun offered the following amendment to the sixteenth
section, which was agreed to:
Provided, This act shall not be so construed as to prevent
the construction of a Rail Road from the city of Columbus, as
as is hereinafter provided for by this act.
Mr. Stell offered the following amendment:
And be it further enacted by the authority aforesaid, The
private property of the stockholders shall be held jointly and
se verally bound for all the liabilities which may be created by,
or in any wise accrue agaitist the incorporation, and that all
transfer or transfers of stock made within twelve calendar
months immediately preceding such failure, shall be deemed
fraudulent and void.
Mr. Crawford offered the following, as an amendment to Mr.
Stell's amendment,which was agreed to, to wit:
And be it further enacted, That the debts of said company
shall not, at any one time, exceed the one half of their capital,
for which the stockholders shall be personally liable, in propor¬
tion to the number of shares held by them respectively.
The amendment, as amended, was agreed to.
Mr. Calhoun offered the following amendment as an addi¬
tional section, which was agreed to:
Be it further enacted, That whenever the mayor and coun¬
cil of the city of Columbus shall deem it expedient to construct
a Rail Road from the city of Columbus, to connect with the
Road herein authorized, they, or a majority of them, shall have
power to create a capital stock not exceeding one million of
dollars, to be divided into shares of the value each not exceed¬
ing one hundred dollars, to be subscribed for, and transferred,
under such terms, conditions and restrictions as may be pre¬
scribed by said city council.
Be it further enacted, That said company, when created,
shall be known by the name and style of the Columbus and
South-eastern Rail Road Company of Georgia, and by and
under such name, shall have the right to build and construct a
Rail Road from the said city of Columbus, connecting with,
or terminating at or near the Road herein authorized, at such
point or place as may be determined upon by the stockholders
of the said Columbus and South-eastern Rail Road Company,
and shall be authorized to have and exercise all the powers,
privileges, rights and immunities, and be subject to all the lim¬
itations and restrictions in the building and constructing said
Road, as are herein prescribed for the South-western Rail Road
company.
The report, as amended, was agreed to—the bill was read
the third time, and on the question " shall this bill now pass,"
20S
JOURNAL OF THE
the yeas and nays were required to be recorded, and are—yeas
27, nays 7,
Those voting affirmatively are Messrs. Allen, Wm. Q,. An¬
derson, Boynton, Broaddus, Brown, Calhoun, Colley, Cone,
Crawford, Curry, Field, Gignilliatt, Hardeman, Harris, Holder-
ness, Jackson, Jones, Kenan, John M. King, Wesley King,
McGahagan, Miller, Mitchell, Murphey, Nickeison, Ridley,
Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Hill, Kellogg, Smith, Stell, Wilcox.
So the bill was passed.
On motion of Mr. Ridley, the order was suspended, and the
following bills were taken up, and made the special order for
to-morrow:
A bill to amend and make certain the provisions of an act
passed on the 30th Dec., 1836, to incorporate the Middle Branch
Rail Road Company.
A bill to grant John Douglass, Benjamin B. Amos, Jesse Mc-
Clendon, John P. Culberson, Sherwood F. Culberson, Sherwood
W. Swanson, and Philip H. Greene, the right to construct a
Rail Road from LaGrange to some point on the Chattahoochee
river, at or near West Point, Ga.
The Senate took up, as a report of the Committee of the
Whole,
The bill to be entitled an act to alter and amend the several
acts in relation to the Monroe Rail Road and Banking Compa¬
ny, to change the name of said company, and for other pur¬
poses.
Mr. Stell offered the following as an additional section:
And be it further enacted, That the private property of the
stockholders shall be jointly and severally bound for the pay¬
ment of the debts of the incorporation, and in the event of a
failure, any and all transfer or transfers made within twelve
calendar months immediately preceding the same, shall be held
and deemed fraudulent and void.
Mr. Calhoun offered the following as an amendment, by way
of substitute for the amendment offered by Mr. Stell:
" That the individual property of the stockholders shall be
liable for the debts and contracts of the Company, in propor¬
tion to the amount of stock owned by them respectively, and
that the debts shall not exceed one half the amount of the cap¬
ital stock."
On which motion, the yeas and nays were required to be re¬
corded, and are—yeas 23, nays 10.
Those voting affirmatively are Messrs. Allen, William, Q..
■senate.
209
Anderson, Boynton, Brown, Calhoun, Colley, Cone, Crawford,
Curry, Field, Gignilliatt, Hardeman, Harris, Jackson, Kenan,
Wesley King, McGahagan, Miller, Mitchell, Murphey, Nich¬
olson, Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Chastain, Hill, Jones, Kellogg, Smith, Stell,
Wilcox.
So the amendment to the amendment was agreed to.
Mr. Calhoun moved to strike out the proviso to the last sec¬
tion of the bill, and insert the following, which was agreed to;
Provided, nevertheless, That all the rights and privileges
Iierein granted, are upon the condition that the said company,
the Macon and Western Rail Road Company, shall, within one
year, commence in good faith to construct, and shall, within
four years from the passage of this act, finish and complete the
said Rail Road to the city of Columbus, and furnish the same
with all necessary engines, cars and appurtenances for the
transportation of produce, freight and' passengers thereupon—
and provided further, that this act shall not be construed so as
to prevent the construction of any other Rail Road from the
city of Columbus, by any company which is now in existence,
or which may hereafter be created, for the purpose of connect¬
ing with the Western and Atlantic Rail Road.
The report, as amended, was agreed to—the bill read the
■third time, and on the question "shall this bill now pass," the
yeas and nays were required to be recorded, and are—yeas 25,
nays 7.
Those voting affirmatively are Messrs. Allen, William Q.
Anderson, Boynton, Brown, Calhoun, Chastain, Colley, Cone,
Crawford, Curry, Field, Gignilliatt, Hardeman, Harris, Hol-
derness, Jackson, Kenan, Wesley King, McGahagan, Miller,
Mitchell, Murphey, Nickelson, Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Andersen,
Beall, Broaddus, Kellogg, Smith, Stell, Wilcox.
So the bill was passed.
The following communication from his Excellency was ta¬
ken up, read, and referred to the Committee on Finance:
Executive Department, ?
Milledgeville, December 11th, 1845. \
According to the report of the Comptroller General, who was
required by a resolution of the present General Assembly to
audit the accounts of persons engaged in the service of the
State, in taking the census during the present year, there ap¬
pears to be due $21,190 25—in which are included the two
grJiQ, JOURNAL. OS" THE
i • c tv,ose who took the census of Tattnall county. The
amount already appropriated for that service is $20,000—and,
of course, a deficiency of appropriation exists to the amount of
ftl 190 25, and which, it is presumed, the Legislature will pre-
tide for. GEO. W. CRAWFORD.
The Senate took up, as the report of the Committee of the
Whole,
The bill for the relief of Candis R. Carter, of Talbot county..
The report was agreed to—the bill was read the thiid time
and passed.
On motion, the Senate then adjourned, until $ 1-2 o'clock,,
to-morrow morning.
FRIDAY, December 12, 1S45.
The Senate met pursuant to adjournment.
Mr. Miller moved to reconsider so much of the journals of
yesterday as relates to the disagreement to the report of the
committee of the whole, on the bill to incorporate the Augusta
Manufacturing Company.
Upon which motion the yeas and nays were required to be
recorded, and are—yeas 22, and nays 17.
Those voting affirmatively are Messrs. Allen, Win. Q. Ander¬
son, Beall, Boynton, Brown, Calhoun, Crawford, Curry, Gignil-
liatt, Hardeman, Harris, Hines, Kenan, Wesley King, Long,
McGahagan, Miller, Mitchell, Nickelson, Reynolds, Ridley,
Smead.
Those voting negatively are Messrs. Thos. F. Anderson, Col-
ley, Cone, Field, Hackett, Hill, .Tones, Kellogg, John M. King,
Lewis, Martin, McGreggor, Murphey, Smith, Stell, Wilcox,
Wofford.
So the Senate agreed to reconsider.
Mr. Stell moved the reconsideration of so much of the jour¬
nals of yesterday as relates to the passage of the bill to alter
and amend the several acts in relation to the Monroe Rail Road
and Banking Company, to change the name of said company,
and for other purposes.
On this motion, the yeas and nays were required to he re¬
corded, and are—yeas 20, nays 21.
Those voting affirmatively are Messrs. Allen, Thos. F.Ander-
SENATE.
211
son, Beall, Cbastain, Colley, Cone, ITackett, Harris, Hill, Hines,
Holderness, Kellogg, Lewis, Martin, McGreggor, Murphey,
Smith, Stcll, Wilcox, Wofford.
Those voting negatively are Messrs. Wm. Q. Anderson,
Boynton, Brown, Calhoun, Crawford, Curry, Field, Gignilliatt,
Hardeman, Jackson, Kenan, John M. King, Wesley King,
Long, McGahagan, Miller, Mitchell, Nickelson, Reynolds, Rid-
by, Smead.
So the Senate refused to reconsider
A communication was received from his Excellency the Gov¬
ernor, by Mr. Anderson, his Secretary.
Mr. Hardeman laid upon the table the following resolu¬
tion :
Whereas, Henry W. Jernigan, by his petitition to the Gene¬
ral Assembly, shews that he had property to the amount of
$21,242 destroyed by the hostile Creek Indians—
And whereas, the said Jernigan has given to the Central
Bank of Georgia his note for said sum of $21,242, which, in
addition to the personal security on said note, is secured by a
transfer of the claim which said Jernigan has on the United
States for said property destroyed as aforesaid—
And whereas, said Jernigan is otherwise greatly embarrass¬
ed, as alleged in his petition, and is laboring under bodily af¬
fliction of severe character, and may not be able to pay pff said
debt to the Central Bank, which was given under a resolution,
of the General Assembly of 1S42, for a portion of the claim of
said Bank on the Bank of Columbus—
Be it therefore resolved by the Senate and House of Repre¬
sentatives of the State of Georgia, in General Assembly met,
That the Director of the Central Bank of Georgia be, and he
is hereby required to give up the note of said Jernigan, upon
said Jernigan transferring his said claim on the United States
to the State of Georgia.
On motion of Mr. Hardeman, the resolution was taken up
and agreed to.
Mr. Ridley offered the following resolution, which was taken
up, read, and agreed to :
Resolved by the Senate and House of Representatives, That
both branches of the General Assembly will adjourn sine die,
on Saturday, the 20th inst.
And the Secretary ordered to take the same forthwith to the
House of Representatives.
The following message was received from his Excellency
the Governor, by Mr..Anderson, his Secretary :
Mr. President—His Excellency the Governor has assented
to, and signed the following act:
212
journal op the
An act to authorize the grant to lot of land No. 94, in the 5th
district and third section of originally Cherokee, now ("ass coun¬
ty, to issue to Stephen Ellis, the drawer of said lot of land, on
the payment of the grant fee.
And has directed me to return the same to the Senate.
On motion, the following communication from his Excellen¬
cy the Governor, was taken up, and read:
Executive Department, )
Milledgeville, December 12th, 1845. \
In assenting to a concurred resolution, which originated in
the House of Representatives, in relation to the claims of
Messrs. Hansell, Sanford and Hackett, for professional services
rendered the State, I feel it my duty to state to the General As¬
sembly, that I am constrained by the Constitution to consider
the resolution only directory, as to the mode of auditing the ac¬
counts of these gentlemen, and not as appropriating money for
their payment. I feel less embarrassment in this respect, as the
Legislature is now in session, and the full measure of requital
to be allowed these gentlemen, may be constitutionally provi¬
ded for.
On this head, I respectfully submit an extract from a com¬
munication I had the honor to make to the last General Assem¬
bly, on the 20th December, 1843.
" The second ground of objection is found on that portion of
the constitution which declares that no money shall be drawn
out of the Treasury except by appropriation made by law, <fcc.
The provision of the constitution first referred to, clearly indi¬
cates that the mode of appropriating money shall be by " bill."
Those two provisions of the constitution are strictly consistent
with each other, and are opposed to all inferences resting upon
precedents. Then, in a constitutional or ordinary sense, can a
resolution that appropriates money, be a law.
" The proposition, it seems, would resolve itself into this—
that a resolution is a bill. The form of passing either, excludes
such a conclusion. The power to raise revenue, and the pow¬
er to appropriate it, are placed in the constitution side by side,
and whatever forms of calm deliberation that are prescribed for
the exercise of the one, ought not to be withheld from that of
the other. If, therefore, revenue cannot be constitutionally
raised by resolution, wherefore may it be appropriated by res¬
olution ?"
GEO. W. CRAWFORD.
Mr. Calhoun, from the select committee to whom was refer¬
red Mrs. N. F. Mitchell's petition, setting forth that her deceased
father, Capt. Samuel Beckham, was a soldier and a captain
during the revolutionary war, made a report in favor of the
SENATE.
213
prayer of the petitioner, accompanied with the following reso¬
lution, which was taken up and agreed to, to wit:
Resolved by the Senate and House of Representatives, That
his Excellency be requested to have a monument erected over
the grave of Captain Samuel Beckham, a soldier and a captain
during the revolutionary war—and he is authorized to pay the
expenses thereof out of the contingent fund.
Mr. Jackson presented the memorial from the municipal au¬
thority of the city of Savannah, and also a memorial from sun¬
dry citizens thereof, protesting against the passage of the bill of
the House of Representatives, to repeal so much of the act of
1843 which extended the term of several of the city officers
from one to two years—which was read.
Also, the memorial of smidry other citizens of the city of
Savannah, praying the passage of said bill—which was also
read.
Mr. Jackson moved a suspension of the rule, for the purpose
of taking up, and having read the first time, a bill from the
House of Representatives to amend the act in relation to the
time of electing the mayor and aldermen of the city of Savan¬
nah—which motion was lost.
The following message was received from .the House of
Representatives, by Mr. Word,' their Clerk :
Mr. President—The House of Representatives have passed
the following bill, to wit:
A bill to alter and amend an act to provide for the indigent
deaf and dumb of this State, also to provide for the appoint¬
ment of a commissioner, to regulate his salary, and appropriate
monies therefor, by changing the place of education, and for
other purposes.
On motion of Mr. Wofford,
The Senate took up the report of the joint select committee
on the memorial of Howell Cobb, Esquire, of Houston county,
in relation to his compilation of the, laws of this State, and the
following resolutions accompanying the same:
Be it resolved by the Senate and House of Representatives
of the State of Georgia, That his Excellency the Governor
be, and he is hereby requested, at his earliest convenience, to fur¬
nish Howell Cobb, Esq., of Houston, with such of the acts of
the present session of the Legislature, as fall within the design
of his compilation.
2d. Resolved, That as soon as said Howell Cobb, Esquire,
shall inform his Excellency the Governor that he is prepared
to submit the arrangement of the acts of the present session of
the Legislature, together with the forms required by them, that
his Excellency the Governor appoint three gentlemen, learned
in the law, to examine the entire work; and if said gentlemen
214
JOURNAL OF THE
-kali report to his Excellency the correctness and faithful exe¬
cution of said work, he is hereby authorized and requested to
subscribe for a number of copies of said work not less than live
hundred. Provided, said Howell Cobb, Esquire, shall not be
allowed more, than four dollars per copy for said work, when
neatly and substantially bound, and delivered.
3d. Resolved, That as soon as said Howell Cobb, Esquire,
shall be ready to proceed to the publication of said work, that
his Excellency the Governor be, and he is hereby requested to
draw his warrant upon the Treasurer, in favor of said Howell
Cobb, Esquire, for the sum of two thousand dollars, and that
the same be provided for in the appropriation bill. Provided,
said Howell Cobb, Esquire, shall previously deposit with his
Excellency his bond, with good and ample security in the sum
of four thousand dollars, conditioned to deliver said books at the
earliest practicable day, which bond shall be returned to said
Howell Cobb, Esquire, upon the delivery of said books.
4th. Resolved, That his Excellency the Governor be, and he
is hereby requested to furnish a copy of said work, whenever
he may be requested, by resolution, to furnish the Georgia Jus¬
tice to public officers.
Mr. Miller moved to refer the same to the Committee 011 Fi¬
nance—which was lost.
And 011 the motion to agree to the same, the yeas and nays
were required to be recorded, and are—yeas 25, nays 19.
Those voting affirmatively are Messrs. Beall, Chastain,
Colley, Cone, Curry, Field, Hackett, Harris, Hill, Holderness,
Jackson, Jones, Kellogg, Kenan, John M. King, Lee, Long,
Martin, McGreggor, Mitchell, Murphey, Smith, Stell, Wilcox,
Wofford.
Those voting negatively are Messrs. Allen, Thomas F. An¬
derson, William Q,. Anderson, Boynton, Broaddus, Brown, Cal¬
houn, Crawford, Gignilliatt, Hardeman, Ilines, Wesley King,
Lewis, McGahagan, Miller, Nickelson, Reynolds, Ridley, Smead.
So the resolutions were agreed to.
Mr. Crawford reported a bill to authorize the several Courts
of Ordinary of this State to appoint their clerks guardians in
certain cases, and for other purposes therein named—which
was read the first time.
Mr. Calhoun, from the select committee to whom was refer¬
red the petition of James Moss, Esquire, and others, made
the following report, which was taken up, read and agreed to:
The committee to whom was referred the petition of James
Moss, Esqr., and others, of Muscogee county, praying that the
law for the collection of taxes for the support of the govern¬
ment of Georgia, should be so amended as to direct the collect¬
ors to make collections during the Winter, instead of the Sum-
SENATE.
215
mer and Fall, have duly considered the subject, and regret that
the wants of the Treasury at this time, does not justify your
committee in reporting a bill favorable to the prayer of your
petitioners.
The Senate took up, as the report of the Committee of the
Whole,
The special order, being the bill to amend and make certain
the provisions of an act passed on 30th December, 1836, to in¬
corporate the Middle Branch Rail Road Company.
Mr. Ridley moved to lay the report on the table for the
present—upon which motion,
The yeas and nays were required to be recorded, and are—.
yeas 20, nays 20.
Those voting affirmatively are Messrs. Allen, Wm. Q,. An¬
derson, Boynton, Brown, Curry, Field, Gignilliatt, Hardeman,
Kenan, Wesley King, Long, McGahagan, Miller, Mitchell,
Murphey, Nickelson, Reynolds, Ridley, Smead, Stell.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Calhoun, Chastain, Colley, Cone, Hill, Hol-
derness, Jackson, Jones, Kellogg, John M. King, Lee, Lewis,
Martin, McGreggor, Smith, Wilcox, Wofford.
The vote being equal, the President voted in the negative.
So the motion was lost.
Mr. Miller offered the following amendment":
Provided always, That if the LaGrange Rail Road Compa¬
ny shall commence and complete their Road to, or near West
Point, within eight years from the date of the incorporation, the
Middle Branch Rail Road Company shall terminate their Road
at LaGrange ; but if said two Companies can so agree, they
may unite their interests, under the name of the Middle Branch
Rail Road Company, and proceed immediately in the construc¬
tion of the Road from LaGrange to or near West Point.
And on the motion to agree to the amendment,
The yeas and nays were required to be recorded, and
are—yeas 21, nays 22.
Those voting affirmatively are Messrs. William Q,. An¬
derson, Boynton, Brown, Crawford, Curry, Field, Gignilliatt,
Hardeman, Harris, Hines, Kenan, Wesley King, Long, McGa¬
hagan, Miller, Mitchell, Murphey, Nickelson, Reynolds, Ridley,
Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Bea.ll. Broaddus. Calhoun, Chastain, Collev, Cone, Hackett,
216
JOURNAL 05" TH2'
Hill Holderness, Jackson, Jones, Kellogg, John M. King, Lee,
Lewis, Martin, McGreggor, Smith, Stell, Wilcox, "Wofford.
So the amendment was lost.
Mr. Calhoun offered the following amendment, which was
agreed to :
Provided, notwithstanding, and all the rights hereby grant¬
ed, are upon the condition that the said company, the Middle
Branch Rail Road Company, shall commence in good faith to
construct, and shall finish the said Rail Road to the city of Co¬
lumbus, within three years from the time of the commence¬
ment of the principal Road.
Mr. Stell offered the following amendment, which was lost :
And be it further enactedT That the private property of the1
stockholders shall he liable for the payment of the debts of ther
incorporation, and in the event of a failure, any and all trans¬
fer or transfers of stock made within twelve calendar months
immediately preceding the same, shall he held and deemed
fraudulent and void.
Mr. Stell offered the following amendment as an additional
section ::
And be it further enacted, That in the event of said com¬
pany transcending any of the limitations or prohibitions of this
act, his Excellency the Governor, upon proof thereof, is hereby
authorized and required to cause Judicial proceedings to be in¬
stituted forthwith against said company, in the Superior Court
of the county where the same is located, to the end that the in¬
corporation may be declared as forfeited and annulled, and that
the assets of the same be immediately placed in the hands of a
Receiver, under adequate security, for the benefit of the cred¬
itors.
And on the question of agreeing to the same,
The yeas and nays were required to be recorded, and are—
yeas 21, nays 19.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Chastain, Colley, Cone, Field, Gignilliatt,
Hackett, Hill, Jackson, Kellogg, John M. King, Lee, Lewis,
Martin, McGreggor, Smith, Stell, Wilcox, Wofford.
Those voting negatively are Messrs. Allen, Wm. Q-. An¬
derson, Brown, Calhoun, Crawford, Curry, Harris, Hines, Jones,
Kenan, Wesley- King, Long, McGahagan, Miller, Mitchell,
Murphey, Nickelson, Reynolds, Ridley.
So the amendment was agreed to.
The report, as amended, was then agreed to.
On motion, the Senate adjourned until 3 o'clock,. P. M,
senate. 217
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate took up the unfinished business of this morning,
to wit:
The bill to amend and make certain the provisions of an act
passed 30th December, 1S36, to incorporate the Middle Branch
Rail Road Company—and after much discussion thereon,
The Senate adjourned until 1-2 past 9 o'clock, to-morrow
morning.
SATURDAY, December 13, 1845.
The Senate met pursuant to adjournment.
Mr. Broaddus reported a bill to refund to Shadrach McMi-
chael, administrator, &c., the grant fee to a certain lot of land
therein named, which was read the first time.
Mr. Murphey, from the Committee on Internal Improvement,
to whom was referred that part of the Governor's message rela¬
tive to internal improvements, and the report of the Chief En¬
gineer of the Western and Atlantic Rail Road, made the fol¬
lowing report, which was taken up, read and agreed to :
The Committee, in view of the great unanimity and enthu¬
siasm with which this great enterprise was commenced, and
the despondency and distrust which followed, and which were
the result of the hardness of the times and the prodigality with
which the work was at jirst conducted, congratulate the coun¬
try upon the return of confidence, which seems to prevail at
• present, under a more economical management of affairs, and
the consequent probability of the completion of the same; and
that a sufficiency of it will be completed, in a short time, to be
of great State and National utility, and give the State that ele¬
vation, and to her citizens those social and commercial advan¬
tages, and to the nation, in case of invasion, a ready communi¬
cation and speedy transition of men and munitions of war, be¬
tween the seaboard and the West, to which the originators
of this great State work looked with so much confidence
when they authorized the survey and commenced its construc¬
tion.
The committee view with regret the course pursued by
Thompson and Furman, of London, of whom the Chief Engi-
2S*
218
JOURNAL OF THE
neer, Mr. Garrett, purchased die Iron for the Road. The re¬
port of that officer shows conclusively that the foreign contract¬
ors acted in bad faith and with intent to profit thereby, tp the
amount of about $18,000; and this advantage not having
been kno wn to the State authorities until one cargo of the Iron
had arrived, and an advance upon Iron in the market, in the
mean time, and the immediate necessity for the Iron to com¬
plete and put in operation the Road, compelled the State au¬
thorities to take the Iron, in consummation of the contract, at
£2 per ton over the market price at the time the contract was
made. This unwarrantable course by the foreign contractors,
together with the failure of Congress to refund the duty paid
on Rail Road Iron, say $51,000, and the amount of $7,988, in
defective bonds, returned and cancelled, debts upon the Treasu¬
ry supposed to have been paid and which were unpaid, and six
per cent, scrip outstanding, and which were all charged to the
Rail Road appropriations, caused an excess of indebtedness,
over and above the appropriations ; to meet which your com¬
mittee recommend an appropriation of ten thousand dollars by
the present Legislature.
Upon the subject of the extension of this work, your com¬
mittee agree with his Excellency, that however desirable it may
be, a further indebtedness of the State ought not to be created
for that purpose. Leaving out of view its ultimate extension
to the western terminus, the committee would recommend its
extension, within the next two years, to Cross Plains, in the
county of Murray. This point will be the junction of the Hi-
wassee Rail Road, and will bring us within 40 miles of the
Tennessee river, which, with its tributaries, has always been
looked to as the channel through which a great portion of the
produce for transportation was to reach the Road, and the Road
the means by which the merchandise destined to these regions
was, in return, to reach them. And for the purpose of accom¬
plishing this desirable object, so well calculated to increase the
profits of the road, your committee recommend that the Go¬
vernor and Chief Engineer be authorized to use the profits and
credit of the Road in such manner as may, in the opinion of
his Excellency, best promote the success of the Road and the
interest of the State—not using the credit of the Road at less
than its nominal value, nor extending the Road beyond Cross
Plains, within the next two years.
The propriety of this extension, your committee are per¬
suaded, will appear from the following facts :
It appears, Irom the report of the Chief Engineer, that by
the end of this year 80 miles of the Road will be in operation,
the contracts for the completion of which have all, or nearly
all, been made, apd that the ^nd of these 80 miles is only 20
miles from Cross Plains, and that there will be but one bridge
to build on this 20 miles, and that the whole of the 20 miles is
graded; that 20 miles of the Road went into operation the first
SENATE.
219
of September ; and that the receipts for the first month was
$1,100; the receipts of the SO miles, at the same rate, allowing
nothing for the increase of freight, &c,, from the extension of
the Road, and which it is believed will over pay the expenses
of the Road, is $52,800, per annum. The month's business
upon which this calculation is based having been done under
unfavorable circumstances, such as, want of notoriety, &c., it
is reasonable to conclude that this calculation will fall short of
the amount which will be realized.
The amount necessary to complete this 20 miles, is estima¬
ted at $100,000, with a plate rail, or $140,000 to make a track
of the most permanent character. This amount, when com¬
pared,with the amount already expended on this 20 miles, is
small, and when we consider that the latter and smaller ex¬
pense would bring the former and larger expenditure into ac -
tive and profitable use, we are brought to the conclusion that it
would be expedient to do so, and that it will tend much to has¬
ten the time when the people of the State are to realize the
benefits which were anticipated by them when they com¬
menced the construction of this great State work.
In connection with this subject, it is deemed proper to say,
that the late indications from Tennessee show that her citizens
are awaking up upon the subject of Rail Roads, and will per¬
haps build a Rail Road from the city of Nashville, in that State,
to Chattanooga, and which would, even without a connection,
increase the trade and profits upon our Road. This Road is
shown by State Geologist to be practicable, by several different
routes, and we hope to see it constructed.
The State having now progressed so far with this Road as
to warrant its completion, your committee are of opinion that
Congress ought, in justice to the State, to refund the $51,000
she has had to pay as duty on the Iron, and to relieve her from
the payment of duty on the Iron she may have yet to purchase
to complete the same ; and recommend, that our Senators and
Representatives be requested to use their efforts to have a law
passed for that purpose.
Your committee deem it important that ample security and
protection should be afforded the Road and the property of the
State thereon, and obstructions to its passage prevented, and
persons guilty thereof punished by law.
The whole cost of this Road is $3,113,727 55. The amount
already expended on the 20 miles recommended by the com¬
mittee to be finished within the next two years, reaching to
Cross Plains, in the county of Murray, is, according to the best
information the committee is in possession of, about $412,-
557 00.
This Road and the Bianch Koads that are to join it, and
co-operate with it, are now, or soon will be, in a condition to
test their utility to the State and the Companies to which the
220
JOURNAL OF THE
Branch Roads belong. The Georgia Rail Road has now
formed its junction with the State Road, at its Southern termi¬
nus, in the county of DeKalb; and it is confidently believed
the Monroe Rail Road will, at no distant day, complete its
junction with the State Road. These connections complete the
union between the mountainous region and the cities of Charles¬
ton, Augusta, Savannah and Macon; and your committee are
of opinion, that the State Road, extended to Cross Plains, would
require but a short time to show the public utility of the enter¬
prise, and remove all sectional prejudices which may exist
against it, and that the revenue and advantages derived from
it to the people of the State, upon a fair test, will reinstate it in
their confidence and make it the favorite and pride of the
State.
The bills necessary to carry out these recommendations
are now progressing in the other branch of the General Assem¬
bly.
Mr. Murphey, from the Committee on Internal Improve¬
ment, reported the following bill, to wit:
A bill to provide for conducting the business of transporta¬
tion on the Western and Atlantic Rail Road, and for other pur¬
poses therein named, which was read the first time.
Mr. Kellogg reported a bill to incorporate the town of Cum-
ming, in the county of Forsyth, and to repeal all other acts and
parts of acts appertaining to the same, to make certain the cor¬
porate limits of the same, to point out the duties of the Com¬
missioners to be appointed for the government of said town,
and for the appointment and regulation of patrols, and for the
preservation of public property, shade trees, &c., and for the
prevention of encamping, and for the prevention and removal
of nuisances, to regulate the working of public streets, for the
suppression of fights, affrays, riots and disturbances of the pub¬
lic peace, for the appointment of a Marshal, for the appoint¬
ment of a Treasurer, for the regulation of the residence of
slaves, and for taxing slaves and exhibitions, to appoint a tax
receiver and tax collector for said town, and requiring the
Commissioners to make a report at the end of each year, and
for taxing itinerate traders in goods, wares, merchandise, &c.,
which was read the first time.
On motion of Mr. Cone,
The Senate took up the following resolution, which was
read and agreed to, to wit:
Whereas, James Young, of the county of Bulloch, was im¬
properly charged in his tax return for the year 1S44, with a
stallion horse, at the rate of $7 87 1-2 cents—
Resolved by the Senate and House of Representatives, That
the said amount of $7 87 1-2 cents be refunded to Mr. James
Young: and that his Excellency the Governor be, and he is
SENATE.
221.
hereby authorized to draw his warrant on the Treasury for the
above amount.
Mr. Reynolds reported a bill to amend the 25th section of
an act entitled an act to incorporate certain Academies, and to
appoint trustees for the same, and to confer certain rights and
privileges upon the same, &c., passed 31st December, 1838, so
far as to enlarge and extend the power of the Commissioners
of the Waynes borough Academy, in Burke county, which was
read the first time.
Also, a bill to compel persons owning plantations and pro¬
perty in the county of Burke, to give in and pay tax on the
said property in the county of Burke, which was read the first
time.
Mr. Wofford, from the joint standing Committee on the Peni¬
tentiary, made a majority and minority report, which were
read, and two hundred copies of each ordered to be printed for
the use of the Senate.
Mr. Hackett, from the Judiciary Committee, made the fol¬
lowing report, which was taken up, read and agreed to :
The Committee on the Judiciary, to whom was referred cer¬
tain bills and resolutions, have had the same under considerar
tion, and beg leave to report—
That in their opinion the bills "to prevent wards from hav¬
ing to pay commissions on their estates more than once," and
" to amend an act entitled an act to compel parties plaintiff, in
the several Courts of this State, where the plea of usujy is filed,
to discover on oath," &c., are unnecessary and inexpedient, and
in some eases would be productive of great injustice. They
therefore recommend thaMlrey be not passed.
The Committee recommend the passage of the bill " to pro¬
vide for the introduction in evidence of certain copy execu¬
tions," &c.
Also, of the resolution in relation to fees on pedlers' licenses,
paid to the Treasurer and Comptroller General.
The Committee also report a bill in relation to the election
of Electors of President and Vice President of the United
States.
Also, a bill to be entitled an act for the relief of executors and
administrators, and guardians, in certain cases, and to prescribe
and define additional duties and liabilities of the Clerks of the
several Courts of Ordinary of this State.
Also, a bill to define the rights and powers of administrators
de bonis non.
Mr. Hackett reported a bill to define the rights and powers
of administrators de bonis non—which was read the first
time.
Also, a bill to amend an act entitled an act for the relief of
222
JOURNAL OF THE
executors, administrators and guardians, in certain cases, ainj
to prescribe and define additional duties and liabilities of the
Clerks of the several Courts of Ordinary of this State, which
was read the first time.
Also, a bill to alter the time for the election of Electors of
President and Yic'e President of the United States, which was
read the first time.
Mr. Calhoun reported a bill to prescribe the mode of signing
judgment against indorsers, in certain cases, which was read
the first time.
Mr. Jackson reported a bill to authorize the Judge of the
Court of Common Pleas and Oyer and Terminer for the city
of Savannah, to hold a special or extraordinary Court, for the
trial of offences defined in an act of the General Assembly en¬
titled an act to define the offence of abducting and harboring
seamen, and to punish the same, and for other purposes therein
mentioned, passed the 27th December, 1843, which was read
the first time.
Mr. Gignilliatt reported the following bill :
A bill to change the line between the counties of Glynn
and Wayne, which was read the first time.
Also, a bill in relation to the holding of the Superior and
Inferior Courts of Glynn county, which was read the first
time.
Mr. Boynton presented a petition of sundry citizens of Lee
and Randolph counties, praying for a new county.
Which was read, and on his motion, was referred to a select
committee, consisting of Messrs. Boynton, Crawford and Col-
ley.
Mr. Lee offered the following resolution, :
Resolved by the Senate and House of Representatives, That
the Surveyor General, the Secretary of State, and State Treas¬
urer, each, be allowed to employ as many Clerks as the Go¬
vernor may direct, to aid in granting reverted lands, after the
first of January next; and that those Clerks be dismissed at
the discretion of the Governor; and that the Governor be au¬
thorized to pay said Clerks at the same rates as the Clerks now
employed in those offices, out of the contingent fund.
The Senate took up the unfinished business of yesterday,
being the report of the Committee of the Whole on the bill to
amend and make certain the provisions of an act passed on the
30th December, 1836, to incorporate the Middle Branch Rail
Road Company.
" Mr. Calhoun moved to make it the special order of the day
for Tuesday next.
And on that motion the yeas and nays were required to be
recorded, and are—yeas 22, nays 17.
SENATE.
223
Those voting affirmatively are Messrs. Allen, Win. Q. An¬
derson, Brown, Calhoun, Gignilliatt, Hackett, Hardeman, Har¬
ris, Hines, Jackson, Jones, Kenan, John M. King, Lee, Long,
Martin, Miller, Mitchell, Murphey, Nickelson, Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Boynton. Chastain, Colley, Cone, Curry, Field, Hill',
Holderness, Kellogg, Lewis, McGahagan, Smith, Stell, Wilcox!
Wofford.
So the motion was carried.
The Senate took up the special order of the day, being the
report of the Committee of the Whole on the bill to grant
John Douglass, Benjamin B. Amos, Jesse McClendon, John P.
Culberson, Sherwood F. Culberspn, Sherwood W. Swanson
and Philip H. Greene, the right to construct a Rail Road from
LaGrange to some point on the Chattahoochee, at or near West
Point.
And on motion of Mr. Ridley, was made the special order
of the day for Tuesday next.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk :
Mr. President—The House of Representatives have passed
the following bills of Senate, to wit:
A bill to alter the law in relation to interest on money.
A bill to authorize the investment of trust funds in State
stocks, or other State securities, to provide for the sale or dispo¬
sition thereof, and to exempt the same from taxation.
They have also agreed to the following resolutions, to wit :
A resolution in favor of executor of Stephen Grice, of Hen¬
ry county.
" A resolution in favor of Thomas Allen, for services render¬
ed as Brigade Inspector.
To which they ask the concurrence of the Senate.
They have also agreed to a resolution of Senate relative to
certain mail routes from LaGrange, Georgia, with an amend¬
ment.
To which they desire the concurrence of the Senate.
The Senate took up, as a report of the Committee of the
Whole,
The bill to re-enact the second section of an act assented
to the 23d of December, 1839, entitled an act to appoint Com¬
missioners to lay out and open a new road through a part of
Camden county.
The report was agreed to—the bill was read the third time,
and passed.
The President laid before the Senate, a communication from
the Director of the Central Bank, responsive to a resolution
224
journal of the
of the Senate, calling upon him for information in relation to
the state and condition of the assets and property of the Bank
of Darien.
Which was taken up and read, and on motion of Mr. Cal¬
houn, was referred to a special committee, consisting of Messrs.
Calhoun, Wofford and Crawford.
The Senate took up, as the report of the Committee of the
Whole,
The bill to amend the several judiciary acts now in force
in this State, so far as relates to Justices' Courts, approved De¬
cember 14th, 1811, so far as to change the time of holding Jus¬
tices' Courts in the districts in the several counties of this State,
from once a month to once in four months.
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 explain and amend the 1st section of an act ap¬
proved 20th December, 1826, entitled an act to define the li¬
ability of securities on appeal, on stay of executions and for
the protection of bail on recognizance, bond, note or other con¬
tract.
Mr. Chastain offered the following amendment, which was
agreed to :
Provided, f urther, That this act shall not affect the rights of
any bona fide purchaser, without actual notice of such se¬
curity ship and judgment, acquired before the passage of the
same.
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 authorize the grant for lot of land No. 178, in
the 13th district of Dooly county, to issue to Elisha Smart, and
to vest the title to said lot in him, his heirs and assigns, and to
correct and amend the lottery list of fortunate drawers, so far
as the drawer of said lot is concerned.
And on motion of Mr. Miller, was recommitted to a Com¬
mittee of the Whole.
The following communication from his Excellency the Go¬
vernor, was taken up, read and referred to the Committee on
Internal Improvement:
Executive Department, )
Milledgeville, December 13th, 1S4.5. \
To a resolution of the Senate requesting the Governor to
transmit to the Senate, at his earliest convenience, a special
statement of the salary of the Chief Engineer of the Western
and Atlantic Rail Road; the number of Sub-Engineers, and
their salaries; the amount paid to Clerks, and from what fund;
SENATE.
225
the aggregate amount of contingent expenses allowed to the
service of that department; and also the probable amount of
money received and disbursed by the Chief Engineer and
auxiliaries, and upon what securities, I have the honor to reply
and say, that the salary of the Chief. Engineer of the Western
and Atlantic Rail Road is now at the sum of twenty-eight
hundred dollars ; an amount less than has heretofore been paid
for similar service upon other works of internal improvements
carried on in the Slate, since the progress of the work as au¬
thorized by the act of 1S43.
I have instructed the Chief Engineer to employ such assist¬
ants, as Civil Engineers, as he might deem necessary to its
prosecution, and with special care to the economical adminis¬
tration of the fund appropriated. Accordingly, he has now
employed three assistants; one with a salary at the rate of one
thousand dollars per annum, and two at eight hundred dollars
per annum. The payment of the salaries of these several of¬
ficers, as well as all contingent expenses allowed the service of
Engineer's department, is made from the fund for the construc¬
tion of the Road.
The nature and amount of the contingent expenses can on¬
ly be specifically ascertained at the office of the Chief Engi¬
neer, where evidence of such contingencies is preserved. I
have opened a correspondence with the Chief Engineer, and
requested that he would, without delay, furnish a specific state¬
ment on this subject, which, on its arrival, if during the session,
will be immediately laid before the General Assembly.
At different periods, since the fifteenth of April, 1844, the
Chief Engineer has received from this Department $270,000,
in six per cent, bonds, in such sums as to meet the wants of the
Road, and for which he gave receipts.
I have no evidence or knowledge that any of the above
amount has been disbursed by any person other than the Chief
Engineer ; but on the contrary, his audited accounts, as made
at the office of the Comptroller General, show that all expen¬
ditures have been made by him.
The Chief Engineer has given no bond and security, be¬
cause it is thought that there is no legal authority which re¬
quires it.
GEO. W. CRAWFORD.
The Senate took up, as the report of the Committee of the
Whole,
The bill for the admission of certain evidence, in cases
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,
29
226
JOURNAL OF THE
The bill to incorporate the Columbus Water Lot Company,
in the city of Columbus.
Mr. Stell offered the following amendment:
And be it further enacted, That the private property of the
stockholders shall be liable for the payment of the debts of the
incorporation; and in the event of a failure, any and all
transfer or transfers of stock made within twelve calendar
months immediately preceding the same, shall be held and
deemed fraudulent and void.
And on the motion to agree to the amendment,
The yeas and nays were required to be recorded, and are—
yeas 19, nays 23.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Chastain, Colley, Cone, Field, Hill, Hol-
derness, Jones, Kellogg, John M. King, Lewis, Martin, Mc-
Greggor, Smith, Stell, Wilcox, Wofford.
Those voting negatively are Messrs. Allen, William Q,. An¬
derson, Boynton, Brown, Calhoun, Crawford, Curry, Gignilli-
att, Hackett, Hardeman, Harris, Hmes, Jackson, Kenan, Long,
McGahagan, Miller, Mitchell, Murphey, Nickelson, Reynolds,
Ridley, Smead.
So the amendment was lost.
Mr. Calhoun offered the following amendment, which was
agreed to:
And be it further enacted, That the stockholders shall be
liable, in their private capacities, in proportion to the amount of
stock owned by them, and the Company shall not be indebted
at any one time, for.a greater amount than one half of their
capital stock.
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 27, nays 14.
Those voting affirmatively are Messrs. Allen, Wm. Q,. An¬
derson, Boynton, Broaddus, Brown, Calhoun, Crawford, Cur¬
ry, Field, Gignilliatt, Hackett, Hardeman, Harris, Hines, Jack¬
son, Jones, Kenan, John M. King, Long, McGahagan, Miller,
Mitchell, Murphey, Nickelson, Reynolds, Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Chastain, Colley, Cone, Hill, Kellogg, Lewis, Martin,
McGreggor, Smith, Stell, Wilcox, Wofford.
So the bill was passed.
Mr. Cone moved to suspend the order and take up bills of
SENATE.
227
the House for a first and second reading—which was lost.
Mr. Chastain, from the Committee on Enrollment, reported
as duly enrolled, and signed by the Speaker of the House of
Representatives, and ready for the signature of the President,
A resolution authorizing and requesting the Treasurer to re¬
fund to Augustus Young the sum of ninety-seven dollars and
fifty cents, it being the amount paid by him for a certain grant
fee.
The Senate took "up, as the report of the Committee of
the Whole,
The bill to add lot of land number 118, in 11th district of
formerly Muscogee, now Marion county, the residence of Jas.
Layfield, to Talbot 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 add an additional section to the thirteenth divis=
ion of the Penal Code of this State.
The report was agreed to—the bill was read the third time,
and passed.
The Senate look up, as the report of the Committee of the
Whole,
The bill to allow to the late tax collector of the county of Ir¬
win his insolvent lists.
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 repeal so much of an act to revise, amend and con¬
solidate the rules for the government and police of the Peniten¬
tiary of the State of Georgia, assented to December 23d, 1840,
as relates to requiring the Principal Keeper, Inspector and Book
Keeper of said Institution, to make out their reports in abstract
form.
And on motion, the report was indefinitely postponed.
The Senate took up, as the report of the Committee of the
Whole,
The bill to amend the 5th section of an act for the estab¬
lishing and regulating patrols, &c., approved November 18th,
1765.
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 court of ordinary and land court in
the county of Camden, to the first Monday in January.
The report was amended by striking out the words " land
court."
228
JOURNAL OF THE
The report, as amended, was agreed to—the hill was read
the third time, and passed.
The Senate took up, as the report of the Committee of the
Whole,
The hill to establish additional election precincts, and remove
others already established, in certain counties therein named,
and to. regulate the same.
Mr. Crawford offered the following amendment, to come in
after the 1st section—which was agreed to:
And there shall he an additional election precinct at the place
of holding Justices' Courts in the 759th district of Georgia Mi¬
litia, in.the county of Sumter; and there shall be an additional
election precinct at the place of holding Justices' Courts in the
966th district, Georgia Militia, in the county of Lee.
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 authorize Alexander H. Reese to erect a mill dam
from the Western hank to an Island in the bed of the Chatta¬
hoochee fiver.
Mr. Calhoun offered the following amendment, to come in at
the end of the first section, which was agreed to:
Provided, The State may hereafter authorize any other per¬
son or persons to insert a lock at, and through said dam, for the
purposes aforesaid.
Mr. Kellogg offered the following amendment, which was
agreed to :
And be it further enacted, That James Law, of Hall county,
he authorized, and he is hereby authorized, to build a toll-
bridge, on his own land, across the Chattahoochee river, near
his mills, in said county, and to receive such rates of toll as are
usual or customary on said river, or streams of like or similar
width.
Mr. Ridley moved to strike out " Eastern," and insert " Wes¬
tern"—which was agreed to.
The report, as amended, was agreed to—and the bill was
read the third time, and passed.
The Senate took up, as the report of a Committee of the
Whole, „
The bill to authorize the Justices of the Inferior Court of
Lowndes county to sell or dispose of all the fend in and about
Franklinville, which belongs to said county.
The report was agreed to—the bill was read the third time,
and passed.
On motion, the Senate adjourned until 3 o'clock, P. M.
senate.
229
Three O'clock, P.. M.
The Senate met pursuant to adjournment.
Mr. Chastain offered the following resolution:
Resolved by the Senate and House of Representatives in
General Assembly met, That the Post Master General be re¬
quested to establish a weekly mail route, on horse back, from
Dahlonega, in Lumpkin county, by way of Skeener Town, in
Union county, to Benton, in Polk county, in Tennessee, and
back, once a week; and that our Senators in Congress be in¬
structed, and our Representatives be requested to use their in¬
fluence to effect the above object.
And be it further resolved, That his Excellency forward
a copy of this resolution to the Georgia Delegation in Con¬
gress.
Mr. Hardeman moved to strike out the words, "be in¬
structed."
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 20, nays 20.
Those voting affirmatively are Messrs. Allen, Wm. Q,. Ander¬
son, Boynton, Brown, Calhoun, Crawford, Curry, Gignilliatt,
Hardeman, Harris, Hines, Kenan, Long, McGah^gan, Miller,
Mitchell, Nickelson, Reynolds, Ridley, SmeadL
Those voting negatively are Messrs. Thomas F. Anderson,
Broaddus, Chastain, Colley, Cone, Fieldy Hill, Holdemess,
Jackson, Jones, Kellogg, John M. King, Lewis, Martin, Mc-
Greggof, Murphey, Smith, Stell, Wilcox, Wofford.
. There being a tie, the President voted in the affirmative.
So the Senate struck out the words.
Mr. Haekett moved to strike out the word il Senators," and *
insert " Senator, Hon. Walter T. Colquitt."
Mr. Crawford called the previous question—it being to agree
to the original resolutions—the Senate refused to sustain the
call.
So the resolutions were postponed for one day, under the
rule of the Senate.
Mr. Miller presented the petition of the Fire Company of
Augusta, praying the passage of a bill to incorporate said Com¬
pany.
Mr. Miller reported a bill to incorporate the Augusta Fire
Company, which was read the first time.
Mr. Murphey offered the following resolution ;
Resolved by the Senate and House of Representatives of
the State of Georgia, in General Assembly met, That our
230
journal of the
Senators and Representatives in Congress be, and they are
hereby requested to use their exertions to have a law passSd to
refund to the State of Georgia all monies paid by the State as
duty on the Iron for the construction of the Western and At¬
lantic Rail Road; and that his Excellency the Governor, trans¬
mit a copy of this resolution to each of our Senators and Rep¬
resentatives.
On motion, the Senate adjourned until half after nine o'clock,
on Monday next.
MONDAY^ December 15, 1845.
The Senate met pursuant to adjournment.
Mr. Chastain moved a reconsideration of so much of the
journals of Saturday as relates to the agreement to the amend¬
ment offered by Mr. Hardeman, to his resolution instructing our
Senators and requesting our Representatives in Congress to
have a mail route established from Dahlonega, by Sancoa, to
Benton, in Polk county, Tennessee.
" .
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 19, nays 19.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Broaddus, Chastain, Colley, Cone, Field, Hill, Holderness,
Jackson, Jones, Kellogg, Lewis, Martin, McGreggor, Murphey,
Smith, Stell, Wilcox, Wofford.
Those voting negatively are Messrs. Allen, Wm. Q- Anderson,
Boynton, Brown, Calhoun, Crawford, Curry, Gignilliatt, Har¬
deman, Harris, Kenan, Long, McGahagan, Miller, Mitchell,
Nickelson, Reynolds, Ridley, Smead.
The vote being equal, the President voted in the negative.
So the motion to reconsider was lost.
Mr. Cone offered the following preamble and resolution:
'•'Whereas, the Post Office in the county of Bulloch, known
as Statesboro', has been removed from the village of Statesboro',
the seat of justice, where all the public business is performed,
much to the injury of the people of Bulloch county, and to a
remote part of the county, and as this is the only Post Office in
said county, it is believed this injustice has been done without
the knowledge of the Post Office Department, and we fondly
SENATE.
231
hope justice may be done, by as speedily removing the Post
Office as convenient—
Therefore be it resolved by the Senate and House of Repre¬
sentatives of the State of Georgia, That our Senator, the Hon.
Walter T. Colquitt, be instructed, and our Representatives from
this State be requested, to use their influence to have the Post
Office known as Statesboro', removed to the Court House in the
county of Bulloch, from whence the same has been removed,
much to the detriment and injury of the people of the saj.d
county.
Arid be it further resolved, That his Excellency the Govern¬
or furnish to the Georgia delegation a copy of the preamble
and resolutions.
And on the motion to take up the preamble and resolutions,
the yeas and nays were required to be recorded, and are—
yeas 19, nays 21.
Those voting affirmatively are Messrs. Tlios. F. Anderson,
Broaddus, Chastain, Colley, Cone, Field, Hill, Holderness, Jack¬
son, Jones, Kellogg, Lewis, Martin, McGreggor, Murphey,
Smith, Stell, Wilcox, Wofford.
Those voting negatively are Messrs. Allen, Wm. Q.. Ander¬
son, Boynton, Brown, Calhoun, Crawford, Curry, Gignilliatt,
Hardeman, Harris, Hines, Kenan, Wesley King, Long, McGa-
hagan, Miller, Mitchell, Nickelson, Reynolds, Ridley, Smead.
So the Senate refused to take up. j
The Senate took up, as the report of the Committee of the
Whole,
The bill to compel persons owning lands in this State to pay
the taxes for the same, and for the slaves kept or employed
thereon, in the counties wherein such lands are situate, under
certain circumstances, &c.
The report was agreed to—the bill was read the third time,
and passed.
. The Senate took up, as a report of the Committee of the >
Whole,
The bill to incorporate the Chattahoochee Company, for the
purpose of improving the navigation of the Chattahoochee riv¬
er, above the city of Columbus, and for the purpose of com¬
manding and appropriating the water power of said river.
On motion of Mr. Calhoun, the bill was indefinitely post¬
poned.
The Senate took up, as the report of the Committee of the
Whole,
^ The bill to add the county of Houston to the Southern Cir¬
cuit
And on motion, the same was laid on the table for the bal¬
ance of the session.
232
JOURNAL OP THE
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 compen¬
sate the Grand and Petit Jurors of the several counties herein
named, and to provide for the payment of the same, assented
to the 23d December, 1837.
Mr. Kellogg moved to strike out seventy-five cents, and in¬
sert fifty cents, as the pay of Petit Jurors—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 appointment of a committee to ex¬
amine into the condition of the Treasury in those years when
there shall be no session of the Legislature, and to repeal so
much of a certain act therein specified, as conflicts with the
provisions of this act.
Mr. Stell offered the following amendment, as an additional
section, which was agreed to :
And be it further enacted, That the said committee be au¬
thorized and required to investigate thoroughly the affairs,
transactions and condition of the Central Bank, and report the
same to his Excellency, in the manner pointed out in the first
section of this act, and that his Excellency be further requested
to cause said reports to be published in the public gazettes of
this State, and in pamphlet form, and that a copy be sent to
each member of the Legislature last preceding.
Mr. Kenan offered the following amendment—which was
agreed to:
" And that the committee shall order the bonds of any and
all Directors to be sued, upon any and all improper or unau¬
thorized acts by the charter of said Central Bank, where 'the
interest of the State has been abused."'
On motion of Mr. T. F. Anderson,
The report was amended so as to have the reports of the
committees published for one month.
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 provide for the
education of the poor, and to repeal the third and fourth sec¬
tions of said act, assented to 27th of December, 1843, and to
distribute to the several counties in this State the fund in the
Treasury known as the poor school fund, consisting of 2,630
shares of the capital stock of the Bank of the State of Georgia
and the Bank of Augusta, and to distribute to the several coun¬
ties of this State the dividend arising from said fund for the
year 1845.
SENATE.
233
Mr. WofFord moved to strike out the word "representative,"
and to insert " white," as the basis for the distribution of the
funds.
Mr. Broaddus moved to lay the report on the table for the
present—which was lost.
Mr. Broaddus moved to recommit the bill to the Committee
on Public Education—which was lost.
Mr. Kenan moved an indefinite postponement of the bill—
which was lost. «
A division being called on Mr. Wofford's motion, on the mo¬
tion to strike out the word " representative,"
The yeas and nays were required to be recorded, and are—
yeas 22, nays 19.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Wm. Q,. Anderson, Broaddus, Chastain, Cone, Field, Hill,
Jackson, Jones, Kellogg, Lee, Lewis, Long, Martin, McGreg-
gor, Miller, Murphey, Smead, Smith, Stell, Wilcox, WofFord.
Those voting negatively are Messrs. Allen, Boynton, Brown,
Calhoun, Colley, Crawford, Curry, Gignilliatt, Hardeman, Har¬
ris, Hines, Holderness, Kenan, Wesley King, McGahagan,
Mitchell, Nickelson, Reynolds, Ridley.
So the motion was carried.
The question being on inserting " white"—the motion was
lost.
On motion of Mr. Stell, the word " population" was stricken
out—and he moved to insert the following words in lieu of the
words stricken out:
The number of poor white children between the ages of
eight and sixteen years, who maybe entitled to a participation
in the benefits of the poor school fund.
Mr. Ridley offered the following amendment to the amend¬
ment of Mr. Stell:
And the number of poor children shall be ascertained and
determined by the Grand Juries of the several counties—which
was lost.
The question then recurred upon Mr. Stell's amendment—
which was also lost.
Mr. Crawford offered the following amendment, to come in
in place of the words stricken out—which was agreed to:
The number of white children between the ages of six and
sixteen years, as shown by the late census.
Mr. Stell moved the indefinite postponement of the bill and
amendments.
On which motion, the yeas and nays were required to be re¬
corded, and are—yeas 24, nays 19.
30*
234
JOURNAL OF THE
Those voting affirmatively are Messrs. Allen, Thomas F.
Anderson, Beall, Brown, Calhoun, Chastain, Colley, Gignilliatt,
Hardeman, Harris, Hines, Holderness, Kenan, Wesley King,
Long, McGahagan, Murphey, Nickelson, Reynolds, Ridley,
Smead, Smith, Stell, Wofford.
Those voting negatively are Messrs. Wm. Q,. Anderson,
Boynton, Broaddus, Cone, Crawford, Curry, Field, Hill, Jack¬
son, Jones, Kellogg, John M. King, Lee, Lewis, Martin, Mc-
Greggor, Miller, Mitchell, Wilcox.
So the bill and amendment were indefinitely postponed.
The Senate took up, as the report of the Committee of the
Whole,
The bill for the relief, of H. S. Dickens, of the county of
Butts.
Mr. Boynton offered the following amendment—which was
agreed to:
And that Samuel S. Andrews, of the county of Randolph,
be relieved from a tax of twenty-five dollars, assessed on an
old billiard table, for the year 1844.
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 to compel persons who are not citizens of the coun¬
ties of Randolph and Stewart, but who own plantations and
negroes in said counties, to give in and pay taxes on said prop¬
erty in said counties.
The report was amended, by inserting the counties of Cow¬
eta, Crawford, Elbert, Lee, Liberty, Cass and Wilkinson.
Mr. Hardeman moved the indefinite postponement of the bill
and amendments—on which motion,
The yeas and nays were required to be recorded, and are—
yeas 27, nays 14.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, William Q,. Anderson, Beall, Broaddus, Calhoun, Colley,
Cone, Curry, Gignilliatt, Hardeman, Harris, Hill, Hines, Jack¬
son, Jones, Kellogg, Kenan, John M. King, Wesley King,
Long, Mitchell, Murphey, Nickelson, Smith, Stell, Wilcox,
Wofford.
Those voting negatively are Messrs. Allen, Boynton, Brown,
Chastain, Crawford, Field, Lee, Martin, McGahagan, McGreg-
gor, Miller, Reynolds, Ridley, Smead.
So the bill and amendments were indefinitely postponed.
The Senate took up, as the report of the Committee of the
Whole,
SENATE.
235
The bill in relation to public officers and their sureties.
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 repeal an act assented to December 23d, 1830,
giving the sum of three dollars to each of the superintendents
of elections in the several counties of the Eastern Circuit, ex¬
cept the county of Bulloch, so far as respects the county of
Wayne.
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 Eustace Speer to plead and practice
law in the several courts of this State, upon certain conditions
therein prescribed.
Mr. Hardeman proposed to amend by adding the following
names, which was agreed to:
Charles E. Nesbit and James S. Nesbit, of Bibb county, and
Thomas W. Alexander, Jr., of Gwinnett county.
Mr. Murphey offered the following amendment, which was
agreed to:
" Except the Supreme Court of this State."
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 and make permanent the place of hold¬
ing justices' court in the forty-first district, in the county of
Tattnall.
The report was agreed to—the bill was Tead the third time,
and passed.
The Senate took up, as the report of the Committee of the
Whole,
The bill to alter the Constitution so as to allow,one Senator
from each county.
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 2, nays 40.
Those voting affirmatively are Messrs. Chastain, Cone.
Those voting negatively are Messrs. Allen, Thomas P. An¬
derson, Wm. G. Anderson, Beall, Boynton, Broaddus, Brown,
Calhoun, Colley, Crawford, Curry, Field, Gignilliatt, Harde¬
man, Harris, Hill, Hines, Jackson, Jones, Kellogg, Kenan, John
M. King, Wesley King, Lee, Lewis, Long, Martin, McGaha-
236
JOURNAL OF THE
gan, McGreggor, Miller, Mitchell, Murphey, Nickel son, Rey¬
nolds, Ridley, Smead, Smith, Stell, Wilcpx, Wofford..
So the bill was lost.
The Senate took up, as the report of the Committee of the
Whole,
The bill to cede to the United States of America all the right,
title and'interest of the State of Georgia in, to and over a re¬
serve of twenty acres of land on the Isldnd of Cockspur, in
the Savannah river, and also the jurisdiction thereof.
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 apportion the Representatives among the several
counties in this State, according to the seventh section of the
first article of the Constitution.
Mr. Martin offered the following amendment, which was
agreed to:
To strike out all after the words to wit, in the first section,
and insert the following in lieu thereof:
The counties of Bibb,- Burke, Cass, Chatham, Cherokee,
Clark, Columbia, Cobb, Coweta, DeKalb, Elbert, Franklin,
Greene, Gwinnett, Habersham, Harris, Henry, Houston, Jas¬
per, Lumpkin, Meriwether, Monroe, Muscogee, Newton, Ogle¬
thorpe, Pike, Putnam, Randolph, Richmond, Stewart, Talbot,
Troup, Upson, Walton, Warren, Washington and Wilkes, be¬
ing the thirty-seven counties having the greatest population,
shall each have two Representatives—and the counties of Ap¬
pling, Baker, Baldwin, Bryan, Bulloch, Butts, Camden, Camp¬
bell, Carroll, Chattooga, Crawford, Dade, Decatur, Dooly, Ear¬
ly, Effingham, Emanuel, Fayette, Floyd, Forsyth, Gilmer,
Glynn, Hall, Hancock, Heard, Irwin, Jackson, Jefferson, Jones,
Laurens, Lee, Liberty, Lincoln, Lowndes, Macon, Madison,
Marion, Mcintosh, Montgomery, Morgan, Murray, Paulding,
Pulaski, Rabun, Scriven, Sumter, Taliaferro, Tattnall, Telfair,
Thomas, Twiggs, Union, Walker, Ware, Wayne and Wilkin¬
son, shall be entitled each to one Representative.
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 compel the Banks of this State to pay a tax on the
highest amount of Bank stock hereafter returned by them as
subject to taxation, within the limits of their respective char¬
ters.
The report was agreed to—the bill was read the third time,
and passed.
SENATE.
237
The Senate took up, as the report of the Committee of the
Whole,
The bill to commute the bonds of this State issued in re¬
demption of the bills and liabilities of the Central Bank 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 more effectually to provide for the collection and dis¬
bursement of fines imposed by Courts of Enquiry,
Mr. Beall offered the following amendment, as an additional
section:
And be it further enacted, That captains commanding com¬
panies, who shall keep their respective companies properly or¬
ganized, and shall hold regularly their company musters, agree¬
ably to existing laws, shall be, and they are hereby exempted
from any Jury duty whatever, and also road duty.
Which was lost.
The report was agreed to—the bill was read the third time,
and passed.
The Senate took up, as a report of the Committee of the
Whole,
The bill to define the duties of the Division and Brigade In¬
spectors, and to regulate their pay, and other purposes.
Mr. Hardeman moved to strike out the second and third
sections—which provided for the pay of Division and Brigade
Inspectors, and the payment of musicians.
The motion was lost.
The report was agreed to—and 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 15.
Those voting affirmatively are Messrs. Allen, Thomas F.
Anderson, Beall, Brown, Chastain, Colley, Cone, Curry, Field,
Gignilliatt, Harris, Hill, Holderness, Jackson, Jones, Kellogg,
Kenan, John M. King, Lewis, Martin, Murphey, Nickelson,
Smith, Stell, Wilcox, Wofford.
Those voting negatively are Messrs. William Q,. Anderson,
Boynton. Broaddus, Calhoun, Crawford, Hardeman, Hines,
Wesley King, Long, McGahagan, Miller, Mitchell, Reynolds,
Ridley, Smead.
So the bill was passed.
On motion, the Senate adjourned until 3 o'clock, P. M.
238
journal of the
Three O'Clock, P. M.
The Senate met pursuant to adjournment.
Mr. Stell reported a bill to provide for the completion of the
Western and Atlantic Rail Road, which was read the first
time, and fifty copies ordered to be printed for the use of the
Senate.
Mr. Broaddus offered the following preamble and resolu¬
tion :
Whereas, time-honored usage and the noblest feelings of the
human heart have at all times prompted mankind to pay a tri¬
bute of respect to departed worth j and to perpetuate by solemn
records and other suitable testimonials, the high estimation in
which they held the virtues and deeds of those who have be¬
come their country's benefactors—
And whereas, it has pleased the almighty disposer of human
events to remove from the field of his usefulness and his fame,
the venerated hero, patriot and statesman, Andrew Jackson.
And inasmuch as it is befitting a grateful people to testify,
in a becoming manner, their regret for this mournful though
not unexpected event, in which our country laments the loss of
one no less distinguished by the splendor of his military
achievements than the wisdom and eventful importance of his
civil services—
Be it therefore resolved by the Senate and House of Rep¬
resentatives, fyc., That in the death of Andrew Jackson the
people of this Union have lost the man who, if not equal in
civil and military achievements, was second only to him who
was first in war, first in peace, and first in the hearts and affec¬
tions of his countrymen—a shrine more durable than sculp¬
tured marble or consecrated urn—the stirring incidents and im¬
portant events of whose life have stamped the impress of his
greatness upon the undying history of the times, to awaken
proud reminiscences in the minds of the living, and grateful
obligations in the hearts of succeeding generations.
Resolved, That we approve of the proposition to erect at
Washington City, by the generous offering of a nation's grati¬
tude, a suitable Monument, commemorative of his jcivil and
military fame.
And be it further resolved, That his Excellency the Go¬
vernor be, and he is hereby authorized and requested to con-*
tract with a suitable Artist for painting, in a style and finish
similar to those of Washington and Jefferson, a full length
likeness of Andrew Jackson, to be deposited in one of the Halls
of the State House ; and that he pay for the same out of the
contingent fund, or any other means at his disposal.
SENATE.
239
The Senate took up, as the report of the Committee of the
Whole,
The bill to incorporate the Augusta Manufacturing Com¬
pany.
The question being on the following amendment offered by
Mr. Stell:
And be it further enacted, That the private property of the
stockholders shall be jointly and severally bound for the pay¬
ment of the debts against the incorporation; and in the event
of a failure, any and all transfer or transfers of stock made
within twelve calendar months immediately' preceding the
same, shall be held and deemed fraudulent and void.
Mr. Miller offered the following, as an amendment to Mr.
Stoll's amendment:
And be it f urther enacted, That the subscribers or stock¬
holders in said company shall be liable in proportion to the
number of shares held by them respectively, for the debts of
said company, which shall not exceed one half of the capital
paid in; and if the debts exceed such amount, the stockholders
shall be jointly and severally liable for the whole; no transfer
of stock within six months prior to a failure of said company,
shall exempt the transferring stockholder from liability; and
the proper officers of said company shall semi-annually, in
April and October, make a return, on oath, to the Governor, of
the amount of capital actually employed, with the names of
the stockholders, and number of shares held by each; and a
statement of the condition of the company.
Which was agreed to.
The two amendments heretofore offered by Mr. Miller were
then agreed to.
The report of 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 24, nays 15.
Those voting affirmatively are Messrs. Allen, Wm. Q,. An¬
derson, Boynton, Brown, Calhoun, Cone, Crawford, Curry,
Field, Gignilliatt, Hardeman, Harris, Hines, Kenan, John M.
King, Wesley King, Long, McGahagan, Miller, Mitchell, Nick-
elson, Reynolds, Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
*Broacldus, Chastain, Colley, Hill, Holderness, Jones, Kellogg,
Lee, Martin, McGreggor, Smith, Stell, Wilcox, Wofford.
So the bill was passed.
The Senate took up the report of the Committee of the
240
JOURNAL OF THE
Whole on the bill to incorporate the Flint River Manufactur¬
ing Company, of the county of -Upson.
The question being on Mr. Stell's amendment, heretofore of¬
fered.
Mr. Brown offered the following amendment:
And be it further enacted, That the subscribers or stock¬
holders in said company, shall be liable in proportion to the
number of shares held by them respectively, for the debts of
said company, which shall not exceed one half of the capital paid
in; and if the debts exceed such amount, the stockholders shall
be jointly and severally liable for the whole; no transfer of
stock within six months prior to a failure of said company shall
exempt the transferring stockholder from liability; and the
proper officers of said company shall semi-annually, in April
and October, make a return, on oath, to the Governor, of the
amount of capital actually employed, with the names of the
stockholders and number of shares held by each; and a state¬
ment of the condition of the company.
' And on the motion to agree thereto,
The yeas and nays were required to be recorded, and
are—yeas 20, nays 20.
Those voting affirmatively are Messrs. Allen, William Q,.
Anderson, Boynton, Brown, Calhoun, Crawford, Curry, Gignil-
liatt, Hardeman, Harris, Hines, Kenan, Wesley King, Long,
McGahagan, Miller, Mitchell, Nickelson, Reynolds, Ridley.
Those voting negatively are Messrs. Thomas F. Anderson,
Broaddus, Chastain, Colley, Cone, Field, Hill, Holderness,
Jackson, Jones, Kellogg, John M. King. Lee, Lewis, Martin,
McGreggor, Smith, Stell, Wilcox, Wofford.
The vote being equal, the President voted in the negative.
So the amendment was lost.
Mr. Brown called for the previous question—and the same
being seconded and sustained by the Senate, it being to agree
to the report of the Committee of the Whole.
Whereupon, the yeas and nays were required to be recorded,
and are—yeas 22, nays 19.
Those voting affirmatively are Messrs. Allen, Wm. Q,. An¬
derson, Boynton, Brown, Calhoun, Crawford, Curry, Gignilliatt,
Hardeman, Harris, Hines, Jackson, Kenan, Wesley King, Long,
McGahagan, Miller, Mitchell, Nickelson, Reynolds, Ridley,
Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
"BEN AT?!.
•241
«Broaddus, Chastain, 'Colley, Cone, Field, Hill, Holderness,
Jones, Kellogg, John M. King, Lee, Lewis, Martin, McGreggor,
Smith, Stell, Wilcox, Wofford.
So 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 19.
Those voting affirmatively are Messrs. Allen, William iQJ.
.Anderson, Boyntoii. Brown, Calhoun, Crawford, Curry, Gignii-
iiatt, Hardeman, Harris, Hines, Jackson, Kenan, Wesley King,
Long, McGahagan, .Miller, Mitchell, Nickelson, Reynolds, Rid¬
ley, SmeacL
Those voting negatively are Messrs. Thomas F. Anderson,
Uroaddus, Chastain, Colley, Cone, Field, Hill, Holderness,
Jones, Kellogg, John M. King, Lee, Lewis, Martin, McGreg¬
gor, Smith, Stell, Wilcox, Wofford.
So the bill was passed.
The Senate took up, as the report of 'the Committee of the
Whole,
The bill to authorize the issuing of grants to any ungranted
.lots in the land lotteries of IS'21 and 1827, and the land and
gold lottery of 1832, where no provisions have heretofore been
made for granting.
The report was agreed to—and on motion of Mr. Chastain,
was laid upon the table for the present.
The Senate took up, as the report of the Committee of the
Whole,
The bill to authorize the sale of the ungranted lands in this
State.
Mr. Chastain moved to lay the report -on the table for the
balance ©f the session.
Upon which motion the yeas and nays were required to be
recorded, and are—yeas 26, nays 15.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Wm. Q,. Anderson, Beall, Broaddus, Brown, Calhoun,
Chastain, Celley, Cone, Field, Hill, Holderness, Jackson, Jopes,
Kellogg, John M. King, Wesley King, Lee, Lewis, Martin,
McGreggor, Mitchell, Smith, Steff, Wilcox, Wofford.
Those voting negatively are Messrs. Allen, Boynton, Craw¬
ford, Curry, Gignilliatt, Hardeman, Harris, Hines, Kenan,
Long, McGahagan, Miller, Nickelson, Reynolds, Ridley.
So the report was laid upon the table for the balance of the
session.
242
JOURNAE OF TH2
The Senate took up,-as the report of a Committee of the
Whole,
The bill to authorize the grant for lot of land No. 178, in the'
13th district of Dooly county, to issue to Elisha Smart, and'to
vest the title to said lot in him, his heirs and assigns, and to
correct and amend' the lottery list of fortunate drawers, so far
as the drawer of said lot is concerned.
Mr. Miller moved to strike out the whole of the second sec¬
tion, except the proviso ; and said proviso to come at the end of
the first section, after the words " to be issued"—which was
agreed to.
The report, as- amended, was agreed to—the bill was read1
the third time, and passed*
Mr. Wofford, from the Joint Standing Committee on the
Penitentiary, made the following report:
The Joint Committee on the Penitentiary, to whom was re-
' ferred a, resolution of the Senate requiring that committee to
enquire into the expediency of removing the Penitentiary to
Atlanta, or some other point higher up, on the Western and At¬
lantic Rail Road, have had the same under consideration, and
report adversely on the propriety of its removal.
Mr. Broaddus, from the Committee on Public Education and'
Free Schools, made the following report, which was-taken up,
read and agreed to :
That they have given their attention to the memorial of the
Trustees of Emory College, and regret that circumstances con¬
nected with our State finances make it inexpedient, at this time,
to recommend any appropriation for that Institution; and'
therefore beg leave to be discharged from further service.
The following bills were taken up, and read the second
time, and referred to a Committee of the Whole :
A bill to repeal an act making permanent the site of the
public buildings in the town of Tazewell, in the county of Ma¬
rion, on lot of land No* 230, in the 4th district of originally
Muscogee, now Marion county, assented to 27th December,
1838, and to provide for the selection of a new county site, and
for other purposes.
A bill to authorize the issue of a grant to John Bonner.
A bill to add lots of land No. 63 and 64, in the 14th district
of originally Carroll, now Heard, on which Nathan Lipscomb
now resides, to Troup county.
A bill for the relief of John C. Edmonson, of Wilkinson
county.
A bill to compel the sheriffs of the Cherokee Circuit to ad¬
vertise their sales in one of the public gazettes of said Cir¬
cuit.
A bill to provide for the election of the Chief Engineer of
SENATE.
243
the Western and Atlantic Rail Road, and to fix the salary of
that officer.
A bill to change the name of David Thrash to that of Da¬
vid Smith.
A bill to relieve James M. Ware, Henry Kingsbury, Jona¬
than Jones, Joel L. Flanagan and H. P. Castleberry, of the
county of Paulding, from the payment of a recognizance or
penal bond.
A bill to exempt from the process of garnishment the daily
wages of mechanics in the city of Savannah.
A bill to authorize Osborn McGinnis, administrator de bonis
non of the estate of James B. Dougherty, late of Jackson
county, deceased, and guardian of the wards of said deceased,
to remove the said records from the county of Jackson to the
comity of Forsyth, and make annual returns in the county of
Forsyth. \
A bill for the relief of Silas Grubbs, tax collector, and others
therein named.
A bill to incorporate the Mountain Fire Company of Dali-
lonega.
A bill to refund to Shadrach McMichael, administrator, &c..
the grant fee to a certain lot of land herein named.
A bill to provide for conducting the business of transporta¬
tion on the Western and Atlantic Rail Road, <fcc.
A bill to incorporate the town of Camming, in the county ©f
Forsyth, and to repeal all other acts and parts of acts apper¬
taining to the incorporation of the same, to make certain the
corporate limits of the same, to point out the duties of the Com¬
missioners to be appointed for the government of said town,
and for the appointment and regulation of patrols, and for the
preservation of public property, shade trees, &c., and for the
prevention of encamping, and for the prevention and removal
of nuisances, to regulate the working of public streets, for the
suppression of fights, affrays, riots and disturbances of the pub¬
lic peace, for the appointment of a marshal, marshal to arrest
for affrays, riots, fights, &c>, fines and penalties to be paid into
town treasury, for the appointment of a treasurer, for the regu¬
lation of the residence of slaves, and for taxing shows and
exhibitions, for the appointment of a tax collector and receiver
of tax returns for said town, and requiring Commissioners to
make a report at the end of each year, and for taxing itinerant
traders in goods, wares, merchandise, jewelry, &c.
A bill to amend the 25th section of an act entitled an act to
incorporate certain Academies, and to appoint trustees for the
same, and to confer certain rights and privileges upon the same,
&c., passed the 31st of December, 1838, so far as to enlarge
and extend the power of the Commissioners of the Waynes-
borough Academy, in Burke county.
A bill to compel persons owning plantations and property in
244
JOURNAL OF THE
the county of Burke, to give in and pay tax on said property
in said county.
A bill to define the rights and powers of administratois do
bonis non.
A bill to amend an act entitled an act for, the relief of
executors, administrators and guardians, in certain cases, and
to prescribe and define additional duties and liabilities of the
Clerks of the several Courts of Ordinary of this State.
A bill to alter the time for the election of Electors of Presi¬
dent and Vice President of the United States.
A bill to prescribe the mode of signing judgment against in-
dorsers, in certain cases.
A bill to authorize the Judge of the Court of Common Pleas
and Oyer and Terminer for the city of Savannah to hold spe¬
cial or extraordinary Courts, for the trial of offences defined in \
an act of the General Assembly entitled an act to define the
offences of abducting and harboring seamen, and to punish the
same, and for other purposes therein mentioned, passed Decem¬
ber the 27th, 1843.
A bill to change the line between the counties of Glynn and
Wayne.
A bill in relation to the holding of the Superior and Inferior
Courts of Glynn county.
A bill to incorporate the Augusta Fire Company.
A bill to amend the several laws of force in this State in re¬
lation to the lien of judgments on the property of defendants.
The following bills were taken up, and read the second
time, and referred to the committee on the Judiciary:
A bill to authorize the several courts of ordinary of this
State to appoint their clerks guardians, in certain cases, and for
other purpose^ therein named.
A bill to amend the laws of "scirefacias."
A bill to exempt from levy and sale, under execution, home¬
steads, and other property therein mentioned.
The following bills from the House of Representatives were
taken up, read the second time, and referred to a Committee
of the Whole:
A bill for the relief of Asa E. Thompson, administrator of.
James Thompson, deceased, late of the county of Houston,
from all liability incurred by the said James, in his life time, as
security of Columbus Thompson.
A bill to incorporate the Rabun Turnpike Company, and to
grant certain privileges to the same.
A bill to authorize and require the justices of the inferior
court of Appling county, &c., to judge of and allow to the tax
collectors of said county their insolvent lists.
A bill for the relief of William H. Wade, of the county of
Early.
SENATE.
245
A bill for the relief of John C. Hunter.
A bill to change the dividing line between the counties of
Monroe and Crawford, so as to include the whole of the present
residence of Littleberry Lucas in the county of Crawford; al¬
so, to add lot of land number eight, in the thirty-first district of
originally Lee, now Stewart county, whereon John Shaw now
resides, to the county of Marion; and also to add lot of land
whereon George D. Royston now lives, in the second district of
the county of Baker, to the county of Lee.
A bill to alter and amend an act entitled an act to incorpo¬
rate the town of Thomaston, and to make permanent the seat
of justice in the county of Upson, passed on the eleventh day
of June, 1825, and further to define the duties and powers of
the commissioners of said town.
A bill to alter and amend the 3d section of the 3d article of
the Constitution of this State.
A bill to authorize the justices of the inferior court of Ran- ■
dolph county to levy an extra tax on the citizens of said coun¬
ty, for certain purposes therein named.
A bill to alter and change the times of holding the Superior
and Inferior Courts of the county of Muscogee.
A bill to raise a revenue for the city of Columbus, amendato¬
ry of an act entitled an act to impose a special tax on the persons
and property of the citizens of the city of Columbus residing
and being in the same, annually, hereafter, and to provide for
the collection thereof, and to punish those who may refuse cr
attempt to defeat the provisions thereof, assented to 10th De¬
cember, 1S41; and also, to make provisions for the poor residing
in said city.
A bill to repeal an act entitled an act to compensate the
Grand and Petit Jurors of the Superior and Inferior Courts for
the counties therein named, so far as relates to the county of
Randolph, passed on the 23d day of December, 1837, and to
regulate the mode of dividing the jury and confession fees be¬
tween the Jurors of said county of Randolph.
A bill to alter and amend the road laws of this State, ap¬
proved the 19th December, 1838, so far as relates to the county
of Randolph.
The following bill of the House of Representatives was ta¬
ken up and read the first time, to wit:
A bill to amend an act entitled an act to alter the time for
the election of the Mayor and Aldermen of the city of Savan¬
nah, to reduce the number of Aldermen, to make the Mayor
elective by the people, and to prescribe his duties, and to pro¬
vide for the election of certain officers therein named, assented
to December 25th, 1843, so far as regards the 2d, 6th and 7th
sections of said act.
On motion, the Senate adjourned until half past 9 o'clock,
to-morrow morning.
246
journal of the
TUESDAY, December 16, 1845.
The Senate met pursuant to adjournment.
Mr. Wofford moved the reconsideration of so much of the
journals of yesterday as relates to the passage of the hill " to
incorporate the Flint River Manufacturing Compan]r, of Up¬
son county."
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 20, nays 20.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Chastain, Colley, Cone, Field, Hill,
Jackson, Jones, Kellogg, John M. King, Lee, Lewis, Martin,
McGreggor, Smith, S tell, Wilcox, Wofford.
Those voting negatively are Messrs. Allen, William Q.
Anderson, Boynton, Brown, Calhoun, Crawford, Curry, Gignil-
liatt, Harris, Hines, Kenan, Wesley King, Long, McGahagan,
Miller, Mitchell, Nickelson, Reynolds, Ridley, Smead.
The vote being equal, the President voted in the affirmative.
So the bill was reconsidered.
Mr. Miller moved a reconsideration of the rejection of the bill,
yesterday, to authorize the sale of the ungranted lands in this
State—which was lost.
On motion of Mr. Cone, the Senate took up the resolutions
offered by himself, on yesterday, in relation to the establish¬
ment of certain mail routes.
Mr. Chastain offered the following amendment, which was
agreed to:
And be it further resolved, That the Post Master General
be requested to establish a weekly mail route, on horse back,
from' Dahlonega,in Lumpkin county, by way of Skeenertown,
in Union county, to Fancoah post-office, to Benton, in Polk
county, Tennessee, and back, once a week; and that our Sen¬
ator, Walter T. Colquitt, be instructed, and our Representatives
be requested to use their influence to effect the above object.
Mr. Stell offered the following amendment:
We request the Honorable Senator, J. M. Berrien,and in¬
struct our Senator, Walter T. Colquitt.
Mr. Miller called for the previous question, which was sec¬
onded and sustained—and on the question to agree to the reso¬
lutions, as amended,
The yeas and nays were required to be recorded and are—
~^as 21, nays 20. ;
.■SENATE.
24 7
Those voting affirmatively are Messrs. Thos. F. Anderson,
Beall, Broaddus, Chastain, Colley, Cone, Field, Hill, Hol-
■derness, Jackson, Jones, Kellogg, John M. King, Lee, Lewis,
Martin, McGreggor, Smith, Stell, Wilcox, Wofford.
Those voting negatively are Messrs. Allen, Wm. Q,. Ander¬
son, Boynton, Brown, Calhohn, Crawford, Curry, Gignilliatt,
Harris, Hines, Kenan, Wesley King, Long, McGahagan, Mil¬
ler, Mitchell, Nickelson, Reynolds, Ridley, Smead.
The President voting in the negative, the vote was-a tie.
So the Senate refused to agree to the resolutions, as amended.
Mr. Smead reported a bill for the relief of James M. Davis,
<6f the county-of Talbot.
Which was read the first time.
On motion of Mr. Lee, the following resolution was taken
up, read, and agreed to, to wit:
Resolved by the ISmate and House of Representatives, That
the Surveyor General, the Secretary of State, and State Treas-,
urer, each be allowed to employ as many clerks as the Govern¬
or may direct, to aid in granting reverted lands, after the first of
January next, and that those clerks be dismissed at the discre¬
tion of the Governor; and that the Governor be authorized to
pay said clerks at the same rates as the clerks now employed in
those offices, out of the contingent fund.
■On motion of Mr. Miller, the following reconsidered resolu¬
tion was taken up, read and agreed to, to wit:
Resolved by ike Senate and House of Representatives of
Rie State of Georgia, That in the opinion of this 'General As¬
sembly, the Comptroller General and Treasurer are entitled, as
perquisites, t© the fees received on issuing licenses to pediers,
-under the act of the 23d of December, 1839.
- On motion of Mr. Stell, the following resolution, offered by
himself, was taken up, read and agreed to :
Resolved, That his Excellency the Goverhor 'be requested
to communicate to this branch of the General Assembly, the
particulars of the negotiations made with the Banks of this
State, for the purpose of enabling the Treasury to resume spe¬
cie paymehts, with what Banks the negotiations were made,
the amount of eight per cent, bonds negotiated to each, the day,
on whieh the negotiation was closed, and the amount of bills
received from eaeh Bank.
Resolved further, That the Director , of the ^Central Bank re¬
port to this branch of the General Assembly, the amount of pay¬
ments made into that Bank since the first of January, 1844.
And be it further resolved, That his Excellency the Go¬
vernor communicate to this branch of the Legislature, all the
correspondence had between .the Executive Department and
TOTJRNAL OF THB'
the authorities-at Washington city, on1 the subject of the Geor¬
gia Military Claims upon the Government, which lias taken
place since the first of September, 1843'.
On motion of Mr. Wofford, the following preamble and reso¬
lution were taken up:
Whereas, A, J. Williams, of the county of Gilmer, became'
the purchaser, of lot of land No*. 212, in the 12th district of the
2d section—
And whereas, the said* Williams having heard-that the grant
to said lot had not been taken out, and that it had reverted to
the State, he applied to the Surveyor General, in the month of
August, 1845, to know if said grant was taken out, that he'
might grant the said lot at the sum of twenty-five dollars after'
the first of September, if it was not granted, and'1 thereby ob¬
tain a good title to the same—
And whereas, the Surveyor General informed the said Wil¬
liams that the said' lot had been granted in September, 1842—
and the said Williams, relying on the information of the Sur¬
veyor General, didmot further examine into the facts, and the'
lot not being granted,"as represented by the Surveyor General,-
the same was afterwards granted by another individual—
Resolved therefore by the Senate and House of Represent¬
atives of the State of GeorgiaT That his Excellency the Gov¬
ernor be, and he-is hereby authorized ts> draw his Warrant on
the treasurer in favor of A. J.. Williams, for the sum of
dollars, and that the same be inserted in the general appropri¬
ation bilk.
Mr. Wofford moved to fill the blank with ninety-five dollars,,
which was agreed to.
And:the resolution, as amended, was- lost..
Mr. .Lee offered the following resolution, which was taken up,,
read, and agreed to :
Where a,% there was, at the first of the session, a bill of Sen¬
ate to change the mode of selecting Jurors in certain cases re¬
ferred todhe Judiciary Committee, and the committee having,
failed to make a report on the same—
Be it therefore resolved by the Senate, That the Judiciary
Committee bo required to return the same forthwith to the-
Senate.
Mr. Lewis, .from the Committee on Finance, made the fol¬
lowing report, which was taken up, read and agreed to,.to wit;
The Committee on Finance, in discharging a portion pf the
duties assigned totherh, have examined the hooks and accounts
of the Comptroller General, and find them correct—they have
also examined the office and accounts of the Treasurer, and
find*that his disbursements are fully supported by proper vouch¬
ers.. From, the time of. his-election and qualification, on the
SENATE.
24$
24th November, 1843, to the 24th November, 1845, inclusive,
he has received the sum of one million one hundred and forty-
three thousand three hundred and two dollars and ninety cents.
($>1,143,302 90)—composed of the following items :
Amount received from ,24th November, 1843, to
24th November, 1845, $981,265 78
Amount received from 21st October to 24th No¬
vember, 1845, 162,037 12
Total amount received, $1,143,302 90
Which sum is thus accounted for, viz :
Paid on Warrants from 24th Novr., 1843, to 24th
November, 1845, $611,136 64
On deposit in Bank of Augusta, 16,403 04
In Bank State of Georgia, 21,235 47
In Central Bank, 55,230 20
Scrip for stock in Bank of Augusta and Bank of
State of Georgia, 272,300 00
Uncurrent bank notes, checks, &c., 10,041 25
Current bank notes and specie, 145,244 06
Gold coin, 6,161 74
Coupons paid, 405 00
Advances to members of the Legislature, 5,145 50
$1,143,302 90
Showing a balance in the treasury on the 24th November,
1845, of $532,166 26—of which only the sum of two hund¬
red and forty-four thousand, two hundred and seventy-four
dollars and fifty-one cents, ($244,274 51,) not including ad¬
vances to members of the Legislature and amount paid for cou¬
pons, is available as cash, and subject to the appropriation of
the Legislature.
In closing this report, the Committee feel that it is but an act
of justice to say, that we have found the books and papers of
the offices both of the Comptroller General and Treasurer,
neatly kept, and the presiding officers courteous and accom¬
modating in the intercourse we have had with them, in the
discharge of our duties.
All of which is respectfully submitted.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have concur¬
red in the following resolution of Senate, to wit:
A resolution for the relief of Henry W. Jernigan.
Which I am directed to return to this branch of the General
Assembly.
The Senate took up the special order of the day, it being the
32*
250
journal of the
renort of the Committee of the Whole, on the bill to amend
and make certain the provisions of an act passed on the 30th
of December, 1836, to incorporate the Middle Branch Rail
Road Company.
And after spending some time in the discussion of its pas¬
sage,
On motion, the Senate adjourned until 3 o'clock, P. M.
Three O'clock, P. M.
The Senate met pursuant to adjournment.
And resumed the discussion of the bill which occupied its
attention in the forenoon.
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 voting affirmatively are Messrs. Allen, Thomas F.
Anderson, Wm. Q,. Anderson, Crawford, Hardeman, Harris,
Hill, Kenan, Long, Miller, Mitchell, Nickelson, Reynolds, Rid¬
ley, Smead.
Those voting negatively are Messrs. Beall, Boynton, Broad-
dus, Brown, Calhoun, Chastain, Colley, Cone, Curry, Field,
Gignilliatt, Hines, Holderness, Jackson, Kellogg, John M. King,
Wesley King, Lewis, Martin, McGahagan, McGreggor, Smith,
Stell, Wilcox, Wofford.
So the bill was lost.
Mr. Chastain, from the Committee on Enrollment, reported as
duly enrolled, and ready for the signature of the President, the
following resolution, to wit:
A resolution to authorize the Director of the Central Bank to
deliver to Henry W. Jernigan his certain promissory note for
$21, 242 00, on his transferring his claim for that amount on
the' United States, to the State of Georgia.
The Senate took up, as the report of the Committee of the
Whole,
The bill to grant John Douglass, Benjamin B. Amos, Jesse
McLendon, John P. Culbertson, Sherwood F. Culbertson, Sher¬
wood W. Swanson, and Philip H. Green, the right to construct
a Rail Road from LaGrange to some point on the Chattahoo¬
chee river, at or near West Point.
SENATE.
251
Mr. Ridley offered the following amendment to the first sec¬
tion, which was agreed to:
Add to the names of the incorporators the names of Thom¬
as C. Evans, Blunt C. Ferrell and Orville A. Bull.
Mr. Ridley also offered the following amendment:
The private property of the stockholders shall be liable for
the debts of the incorporation, in proportion to the amount of
stock subscribed for by each stockholder; and the ' debts of
said incorporation shall at 110 time exceed the amount of one
half of the stock actually paid in.
Mr. Stell offered the following amendment to Mr. Rid'ey's
amendment:
And be it farther enacted, That the private property of the
stockholders shall be jointly and severally bound for the pay¬
ment of the debts against the incorporation ; and in the event
of a failure, any and all transfer or transfers of stock made
within twelve calendar months immediately preceding the
same, shall be held and deemed fraudulent and void.
And on the motion to agree to the same,'
The yeas and nays were required to be recorded, and are—-
yeas 19, nays 22.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Chastain, Colley, Cone, Field, Hill,
Jones, 'Kellogg, John M. King, Lee, Lewis, Martin, McGreg-
gor, Smith, Stell, Wilcox, Wofford.
Those voting negatively are Messrs. Allen, William Q.. An¬
derson, Boynton, Brown, Calhoun, Crawford, Curry, Gignilii-
att, Hardeman, Harris, Hines, Jackson, Kenan, Wesley King,
Long, McGahagan, Miller, Mitchell, Nickelson, Reynolds, Rid¬
ley, Smead/
So the amendment to the amendment was lost.
The question then recurred on Mr. Ridley's amendment,
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 authorize the issue of a grant to John Bonner.
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 add lots of land No. 63 and 64, in the 14th dis¬
trict originally Carroll, now Heard, on which Nathan Lips-
combe now resides, to Troup county.
252
JOURNAL OF THE
The report was agreed to—the bill was read the third time,
and passed.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk :
Mr. President—The House of Representatives have concur¬
red in the resolution of Senate relative to the election of three
Judges of the Supreme Court.
Which I am directed to return to this branch of the General
Assembly forthwith.
The Senate took up, as the report of the Committee of the
"Whole,
The bill to change the name of David Thrash to that of
David Smith.
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 27, nays 11.
Those voting affirmatively are Messrs. Allen, Thos. F. An¬
derson, Beall, Boynton, Broaddus, Brown, Chastain, Colley,
Cone, Field, Hill, Hines, Jackson, Kellogg, Kenan, John M.
King, Wesley King, Lee, Martin, McGreggor, Mitchell, Nickel-
son, Ridley, Smead, Smith, Stell, Wilcox.
$
Those voting negatively are Messrs. William Q. Anderson,
Calhoun, Crawford, Curry, Gignilliatt, Hardeman, Harris,
Long, McGahagan, Miller, Reynolds.
So the bill was passed.
The Senate took up, as the report of the Committee of the
Whole, -
The bill to exempt from garnishment the daily wages of me¬
chanics in the city of Savannah.
Mr. Miller moved to strike out all after the enacting words,
and to insert the following, which was agreed to :
That from and after the passage of this act, all journeymen
mechanics and day, laborers shall be exempt from the process
and liabilities of garnishment on their daily, weekly, or monthly
wages, whether in the hands of employers or others.
The report, as amended, was agreed to—the bill was read
the third time, and passed.
Mr. Chastain, from the Committee on Enrollment, reports as
duly enrolled, and ready for signature of the President,
A resolution relative to bringing on the election of three
Judges of the Supreme Court.
The Senate took up, as the report of the Committee of the
Whole,
SENATE.
253
The "bill to authorize Osborn McGinnis, administrator de bo¬
nis noil of the estate of James B. Dougherty, late of Jackson
county, deceased, and guardian of the wards of said deceased,
to remove the said records from the county of Jackson to the
county of Forsyth, and make annual returns in the county of
Forsyth.
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 repeal an act making permanent the site of the
public buildings in the town of Tazewell, in the county of Ma¬
rion, on lot of land number two hundred and thirty, in the
fourth district of originally Muscogee, now Marion county, as¬
sented to 27th December, XS3S ; to provide for the selecting of
anew county site, and for other purposes.
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 for the relief of John C. Edmundson, of Wilkinson
county.
Mr. Cone offered the following amendment, which was
agreed to:
And be it f urther enacted, That whereas Elijah Reamer
Young, of the county of Thomas, is similarly situated—
Be it therefore enacted, by the authority aforesaid : That the
said Elijah R. Young be, and he is hereby relieved from all
penalties and pains by laws now in force, and is hereby au¬
thorized to contract marriage, as fully as though 110 disability
had occurred ; and all laws militating against the provisions of
this section, be and the same are hereby repealed, so far as re¬
lates to the case of the said E. R. Young.
The report, as amended, was agreed to—and on the question,
shall this bill now pass,
The yeas and nays were required to be recorded, and are—f
yeas 33, nays 6.
Those voting affirmatively are Messrs. Allen, Beall, Broad-
dus, Brown, Calhoun, Chastain, Colley, Cone, Curry, Field,
Gignilliatt, Hardeman, Harris, Hill, Hines, Holderness, Jack¬
son, Jones, Kellogg, John M. King, Wesley King, Martin, Mc-
Gahagan, McGreggor, Mitchell, Nickelson, Reynolds, Ridley,
Smead, Smith, Stell, Wilcox, Wofford.
Those voting negatively are Messrs. Thomas F. Anderson,
William Q,. Anderson, Boynton, Crawford, Long, Miller.
So'the bill was passed.
The Senate took up, as the report of the Committee of the
Whole,
254
JOURNAL OF THE
The hill for the relief of Silas Grubbs, tax collector, and
others 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 incorporate the Mountain Fire Company of Dah-
lonega.
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 town of Cumming, in the county
of Forsyth, and to repeal all other acts and parts of acts apper¬
taining to the incorporation of the same : to make certain the
corporate limits of the same ; to point out the duties of the Com-
. missioners to be appointed for the government of said town ;
and for the appointment and regulation of patrols ; and for the
preservation of public property, shade trees, &c.; and for the
prevention of encamping ; and for the prevention and removal
of nuisances ; to regulate the working of public streets ; for
the suppression of fights, affrays, riots, and disturbances of the
public peace;. for the appointment of a Marshal; Marshal to
arrest for affrays, riots, fights, &c., fines and penalties to be paid
into the town treasury ; for the appointment of a Treasurer;
for the regulation of the residence of slaves, and for taxing
shows and exhibitions; for the appointment of a Tax Col¬
lector and Receiver of Tax Returns,.for said town ; and requi¬
ring commissioners to make a report at the end of each year ;
and for taxing itinerant traders in goods, wares, merchandize,
jewelry, &c. j
The report was agreed to—the bill was read the third time,
and passed.
The Senate took up, as a report of the Committee of the
Whole, _
The bill to amend the twenty-fifth section of an act entitled
an act to incorporate certain academies, and to appoint trustees
for the same, and to confer certain rights and privileges upon
the same, &c., passed the 31st December, 1838, so far as to en¬
large and extend the power of the commissioners of the
Waynesborough Academy, in Burke county.
The report was agreed to—the bill was read the third time,
and passed.
On motion of Mr. Stell,
The order was suspended, and the Senate took up the fol¬
lowing bill, which was read the second time, and referred
to a Committee of the Whole :
A bill to provide for the completion of the Western and At¬
lantic Rail Road.
senate.
255
On motion of Mr. Long,
The order was suspended, and the Senate took up, as the
report of the committee of the whole,
The bill from the House of Representatives to repeal an act
entitled an act to consolidate the offices of tax collector and re¬
ceiver of tax returns of the counties of Forsyth, Carroll, Madi¬
son, Habersham and Ware, passed 27th of December, 1838, so
far as relates to the county of Madison.
Mr. Wofford moved to amend the bill by inserting " Haber¬
sham county"—which was agreed to.
The report, as amended, was agreed to—the bill was read
the third time, and passed.
The Senate then adjourned until half past 9 o'clock, to¬
morrow morning.
WEDNESDAY, December 17, 1845.
The Senate met pursuant to adjournment.
On motion of Mr. Chastain,
The Senate agreed to reconsider so much of the journals of
yesterday as relates to the refusal to agree to Mr. Cone's reso¬
lutions requesting the Post Master General to remove the Post
Office in Bulloch county, back to Statesboroq^h.
Mr. Miller moved to reconsider so much of the journal of
yesterday as relates to the rejection of the bill to amend and
make certain the provisions of an act passed on the 30th De¬
cember, 1836, to incorporate the Middle Branch Rail Road
Company.
On which motion the yeas and nays were required to be
recorded, and are—yeas 12, and nays 29.
Those voting affirmatively are Messrs. Allen, Thomas F»
Anderson, Wm. Q,. Anderson, Crawford, Hill, Kenan, Long,
Miller, Mitchell, Nickelson, Reynolds, Ridley.
Those voting negatively are Messrs. Beall, Boynton, Bro&d~
dus, Brown, Calhoun, Chastain, Colley, Cone, Curry, Field,
Gignilliatt,- Hardeman, Hines, Holderness, Jackson, Jones,
Kellogg, John M. King, Wesley King, Lee, Lewis, Martin,
McGahagan, McGreggor, Moody, Smith, Stell, Wilcox, Wof¬
ford.
So the Senate refused to reconsider*
256
JOURNAL OF THE
Oil the absence of tlie chairman, Mr. Miller asked and ob¬
tained leave to return several bills that had been refuired to ihe
Committee on the Judiciary.
On motion of Mr. Wofford,
The following report of the joint standing committee on the
Penitentiary was taken up :
The joint standing committee 011 the Penitentiary, to whom
was referred a resolution of the Senate, requiring that commit¬
tee to enquire into the expediency of removing the Penitentiary
to Atlanta, or some other point higher up on the Western and
Atlantic Railroad, have had the same under consideration, and
report adversely 011 the propriety of its removal.
Mr. Lewis, from the minority of the joint standing committee
on the Penitentiary, submitted the following report, as a sub¬
stitute for the report of the majority, to wit:
The minority of the Joint Standing Committee on the Peni¬
tentiary, to whom was referred a resolution of the Senate re¬
quiring that committee to enquire into the propriety of removing
the Penitentiary to Atlanta, or some point higher up, on the
Western and Atlantic Rail Road,beg leave to report:
That they have had the same under consideration, and are of
opinion that the Penitentiary ought to be removed to Atlanta,
or some other point further up, on the course of the Western
and Atlantic Rail Road ; and the minority of your committee
would respectfully submit to the consideration of the Senate,
the reasons which have led them to this conclusion.
If it is the object of the Legislature still to pursue the course
hitherto pursued in regard to the kind of 1 abor which the con¬
victs in the Penitentiary have heretofore, and are now pursu¬
ing, we are of the%pinion, that although the abandonment or
sale of the present Penitentiary, and the building of a new one,
which will necessarily take place in the event of the removal
of the convicts, will be at considerable cost to the State.
Yet, that from the facilities of transportation furnished by the
Rail Road, to and from the location contemplated, the reduced
price of raw materials to be manufactured, and the greatly re¬
duced price of the articles of subsistence, which would be ob¬
tained by the removal, that it would be far better, (even should
the present kind of labor be pursued,) prospectively, that the
Penitentiary should be removed.
The minority of your committee would respectfully call the
attention of the Senate to the principal, if not the entire objeo
tion to the removal, viz : the loss of the present Penitentiary,
and the building of a new one. That it would require much
labor to construct new buildings, will be readily conceded ; but
unless the minority of your committee are much mistaken,
there would be about the same profit arising from building a
new Penitentiary, as from manufacturing. This will appear
SENATE.
257
very evident, from the drafts on the freosury which have been
made on account of the Penitentiary, which, from the account
of the Treasurer, in reply to a resolution of the Senate calling
for information on that subject, amounts to the astounding sum
of three hundred and seventy thousand, five hundred and
twenty-three dollars and forty-three cents.
This sum of money has been drawn in the period of thirty-
three years, from taxes 011 the people, to support this Institu¬
tion ; the average number of convicts received in the Peniten¬
tiary per year, has been about thirty, which will shew pretty
clearly the cost per year of the convicts ; and it does seem to
the minority of your committee as a strange anomaly, that the
entire labor of a man is not sufficient to clothe him with coarse
and cheap clothing, and feed him with coarse and cheap diet;
and the minority of your committee would respectfully submjt
it as their opinion, that this result is to be accounted for, main¬
ly, in the very unfavorable location of the Penitentiary, and
the kind of labor at which the convicts are kept.
The convict, in incurring the penalty of violated law, is sen¬
tenced to hard labor in the Penitentiary for life, or for a term
of years : whether, in executing the sentence of violated law,
is intended the punishment of the convict only, or his reforma¬
tion, or as a terror to prevent the perpetration of crime by oth¬
ers, or whether all of these, it would be the policy of the State
to effect these objects at the least possible expense, and if prac¬
ticable, make it a source of revenue.
To the minority of your committee it is very evident^ that
the policy of learning convicts mechanical trades, apart from
the positive injury that it must work to mechanics of similar
trades in the country surrounding the Penitentiary, can never
be any thing else but a source of loss to the State ; and it is
safe to assume, that the idle and dissipated constitute, mainly
the inmates of the Penitentiary. Persons of this character will
generally have but little else than physical strength, as a com¬
mencement to a trade; and it is known to every one of obser¬
vation in these matters, that there should be a genius peculiar¬
ly adapted to the acquirement of the particular trade, before it
can be well done ; and it may be further assumed, that should
it so happen that a convict, on entering the walls of a Peniten¬
tiary, should be put to the acquirement of a trade for which his
genius may be adapted, that even then, he will be unable to de¬
fray more than his expense for the first two or three years, by
which time his term of hard labor may expire, whilst on the
other hand, it would be safe to assume, that seven out of ten
who enter the Penitentiary, are wholly unfit for any trade
whatever; and it may be further remarked, that so long as the
present system of carrying on such a great variety of mechan¬
ical pursuits is continued, it will necessarily require a much
larger number of superintendents, than if a different policy was
pursued.
33
2.58
JOURNAL OF TH2
As the minority of your committee have so fully expressed!
that it is impolitic in the State to learn convicts trades, both in
a pecuniary point of view and as injuriously affecting a large
number of your citizens, they conceive that it becomes them to
submit another, and what they conceive to be, a better course
of policy.
To make the labor of the convict profitable, from the hour of
his entering the Penitentiary, the minority of your committee
would recommend that the business of tanning, without finish¬
ing the leather tanned, and the work pertaining to a foundcry,
should constitute mainly the business of the Penitentiary.
But few workmen, strictly speaking, will be required in ei¬
ther of these two branches ok trade ; the work can be mainly
done by any one who has strength, in prosecuting the first
branch of business; should the Penitentiary be removed to At¬
lanta, or to some point on the rail road, above there, tan bark
can be had, both cheap and in abundance; raw hides can be
brought from Savannah and the intermediate. country, en the
Central and Monroe Rail Road, (when finished,) and from
Charleston and the intermediate country, lime can be had from
the counties of Cass and Murray, by the Western and Atlantic
Rail Road. Leather can be sent to the North, and find a ready
and profitable market.
In prosecuting the latter business, pig iron may be obtained
for foundery purposes, from the county of Cass, at the rate of
from 1 1-4 to 1 1-2 cents per pound. There are now three
furnaces within six miles of the Western and Atlantic Rail
Road, in that county, in successful operation, which could fur¬
nish any amount of pig iron that might be wanted, at the Pen¬
itentiary, and if the Penitentiary should be located on the Wes-
tern and Atlantic Rail Road, on the Allatona mountain, where
the great vein of iron ore crosses that road, all the pig iron
might be made within the walls of the Penitentiary, for every
purpose for which it might be required; the castings for cars,
and the various other purposes for which castings are required
and will be ever required, on the extended lines of rail roads
now connecting, and which will connect with the Western and
Atlantic Rail Road, together with the mill machine and cotton
factory gearing, and other castings which may be made in the
Penitentiary, may be placed immediately on the rail road, and
sent to whatever place they may be wanting, in the direction of
the rail roads.
To these views may be added, the abundance and cheap¬
ness of provisions, the healthfulness of the climate, and the fa¬
cility of conveying, rapidly and safely, convicts from a large
portion of the State, by rail road, to the penitentiary.
All of which is respectfully submitted.
JOHN W. LEWIS,
RHEESE McGRIGOR.
SENATE.
259
And on his motion to receive the same, in lieu of the majori¬
ty report.
The yeas and nays were required to be recorded, and are—
yeas 13, nays 30.
Those voting affirmatively are Messrs. Beall, Chastain, Cone,
Field, Kellogg, Kenan, Lee, Lewis, McGreggor, Murphey,
•Smith, Stell, Wofford.
Those voting negatively are Messrs. Allen, Thomas F. An¬
derson, William Q,. Anderson, Boynton, Broaddus, Brown, Cal¬
houn, Colley, Crawford, Curry, Hardeman, Harris, Hill, Hines,
Holderness, Jackson, Jones, John M. King, Wesley King,
Long, Martin, McGahagan, Miller, Mitchell, Moody, Nickelson,
Reynolds, Ridley, Smead, Wilcox.
So the substitute was lost.
The Senate then agreed to the report of the majority.
The following message was received from his Excellency
the Governor, by Mr. Anderson, his Secretary:
Mr. President—His Excellency the Governor has assented
to and signed the following resolutions, to wit :
A resolution bringing on the election for Judges of the Su¬
preme Court, on Wednesday next, at 10 o'clock, A. M.
Also, a resolution to require the Director of the Central
Bank to give up to Henry W. Jernigan his note for $21,242,
upon the said Jernigan's transferring his claim on the United
States for the same amount, to the State of Georgia.
Qn motion of Mr. Wofford,
The Senate took up the majority and minority reports of the
Joint Standing Committee on the Penitentiary, and on his mo¬
tion, the same were referred back to said committee.
Mr. Jackson, from the Committee on the State of the Repub¬
lic, made the following report, which was taken up, read and
agreed to, to wit :: i
The Committee on the State of the Republic, to whom was
referred so much of the biennial message of his Excellency the
Governor as relates to the Claims of Georgia upon the Gener¬
al Government, for payments made by her to her Militia, for
services rendered during the Indian troubles and warfare in
Florida, within our limits, and on our frontier, since the year
1835, and also the special message transmitted to the Senate on
the 5th December, 1845, upon the same subject, Report:
That their attention has been given to a matter so deeply in¬
teresting to Georgia, and that they have no reason to doubt
that the General Government is bound to refund to Georgia the
fufl amount of the monies paid. It is unnecessary, and might
260
JOURNAL OF TH2T
be useless, for the committee to submit an argument to support
the claims. They find the rights of Georgia sustained in the
correspondence of her Executive, in different years, with the
Department of War, and they also find a recommendation by
Mr. Poinsett, Secretary of War in 1841, addressed to the Hon.
John W. Jones, chairman of the Committee of Ways and
Means, for an appropriation to cover the entire amount then
claimed by the State, being $208,618. A bill did pass through
both Houses in the last session of the 26th Congress, having for
object the payment of certain claims of the State of Maine, and
embracing an amendment providing for the State of Georgia,
on her militia claims, the whole sum recommended. .Again, in
1842, the Senate of the United States passed a bill for this same
amount of appropriation. The first bill did not, as is supposed
from want of time, receive the sanction of the President, and
the latter failed in the House of Representatives. By an act of
Congress, approved Aug. 11,1842, $175,000 were appropriated
for any money " actually paid by Georgia on account of neces¬
sary and proper expenses incurred by her in calling out her
Militia," or so much thereof as might be necessary, after de¬
ducting any money theretofore advanced by the United States
to the State, to be applied to the said object. Of this appropri¬
ation, Georgia has received only $113,213 35, in different pay¬
ments, the last of which was made as far hack as 25th June,
1844. Georgia cannot be satisfied with this. Her claims have
been, by the proper officers, subjected to a strictness of proof
which, in the opinion of the committee, operates harshly and
ungenerously. It is unjust to require such regularity to be ob¬
served in the accounts of militia officers, or such economy to<
prevail in the disbursement of money by them, especially in
wars with a savage enemy, as is required of officers who make
arms their profession, and in a contest conducted with disci¬
plined troops. It is equally wrong to demand plenary proof,
when the evidence may be lost by the migratory character of
our people. Georgia desires nothing from the general govern¬
ment but what is just. She has paid out her money in good
faith, and she looks, and must continue to look to Congress for
reimbursement. She places herself, not in the attitude of a
suppliant, but claims that her just demands, if not supported, in
all cases, by strict legal proof; within the requirements of the
proper accounting officers, should be considered in a lib¬
eral spirit. Her patriotism is admitted by Congress, and by
the Federal Executive, in the report of the Hon. Mr. Goggin,
submitted to the House of Representatives, from the Military
Committee, adverse to the Senate bill before mentioned as hav¬
ing failed, and the papers accompanying it. To this admission
she was entitled. From the adoption of the Constitution to the
present moment, she has never omitted to discharge her consti¬
tutional duties. She has ever been ready to defend, not only
her own soil, but the invaded or disturbed soil of her sister
S EST ATE.
-261
States and Territories. Her militia, on the call of the govern¬
ment, and without it on the first perception of danger, have al¬
ways rushed to the post of peril. That government should, in
equity and right, apply to her demands no merely technical or
narrow rules. The committee find the sum of $208,618
to have been augmented by further payments, and that his
Excellency states the whole 'amount advanced to make, at this
time, the sum of 243,309 69. Of this, Georgia has received,
from the appropriation of 1842, $113,203 35.
She should not relax in her exertions, much less 'abandon
her claim. We agree with the General Assembly of 1843, that
the State presents unequivocal evidence of the advance of the
money. Every dollar oughtto be returned. In truth, she might
properly claim interest: but the committee have hope of its al¬
lowance. Concurring with his Excellency, that the history of
the general government furnishes the expectation, that sooner
or later a liberal equity will preside over its counsels, the com¬
mittee submit the following resolutions -•
1. Be it resolved by the Senate and House of Representa¬
tives of the State of Georgia, in General Assembly met, and it
is hereby resolved, That, relying confidently on the justice of
the State's claim for the money she has 'expended, his Excel¬
lency the Governor be requested to re-new a correspondence
with the Department of War.
2. Be it further resolved, That the attention of our delega¬
tion in Congress be again -called to this subject, and that they
urge further appropriations, and the adoption of rules of con¬
struction of the act of 1842, more beneficial to the 'State.
3. Be it further resolved, That the State will be satisfied
with the prompt payment of the principal sums expended, relin¬
quishing, in that case, her claim to interest,and that the Execu¬
tive and our members of Congress be authorized to adjust her
demands upon that basis.
Mr. Thomas F. Anderson offered the following resolution,
which was taken up, read, and agreed to :
Resolved, That the President of the Senate proceed to ap¬
point an Auditing Committee, to pass upon -and audit the ac¬
counts of members of the Senate for their per diem pay and
mileage.
Whereupon, the Chair appointed Messrs. Thos. F. Anderson,
Cone and Boynton,as that committee.
On motion of Mr. Broad&us,
The Senate took up the resolution heretofore offered by him¬
self, relative to the removal of the Arsenal from the State House
Square, to some suitable ground near the Penitentiary, and
•placed under the guard of that Institution, &c.
Mr. Martin moved that the resolution lie on the table fox the
present—and on this motion,,
262
JOUKNAL OF THE
The yeas and nays were required to be recorded, and
are—yeas 20, nays 24.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Chastain, Colley, Cone, Field, Hill, Holderness, Jackson.
Jones, Kellogg, John. M.. King, Lee, Lewis, Long, Martin,
McG-reggor,. Smith, Stell, Wilcox, Wofford.
Those voting negatively are Messrs. Allen, Wm. Q,. Ander
son, Beall, Boynton, Broaddus, Brown, Calhoun, Crawford,
Curry, Gignilliatt, Hardeman,. Harris, Hines, Kenan, Wesley
King, McGahagan, Miller, Mitchell; Moody, Murphey, Nickel-
son, Reynolds, Ridley, Smead.
So the motion to lay on the- table for the present was lost.
Mr. Miller-moved to amend the resolution by striking out so
•much of the same as authorizes his Excellency the Governor
to draw his warrant upon the treasury of the State for the
amount necessary to- effect the foregoing- objects.
The motion was carried.
On motion of Mr. Lewis, the Senate amended' the resolution
so as to authorize the Governor to sell'the Powder on hand.
Mr. Wofford moved to refer the resolution to tile Military
Committee—which was lost.
Mr. Stell moved to strike out so much as relates to removing
the Arsenal.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 21, nays 23.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Chastain, Colley, Cone, Field) Hill, Holderness,
Jackson, Jones, Kellogg, John M. King', Lee, Lewis, Martin,
McGreggor, Murphey, Smith, Stell, 'Wilcox, 'Wofford.
0
Those voting negatively are Messrs. Allen, William Or.
Anderson, Boynton, Broaddus,. Brown, Calhoun, Crawford,
Curry, Gignilliatt,. Hardeman, Harris, Hines, Kenan, Wesley
King, Long, McGahagan,. Miller, Mitchell,. Moody, Nickelson.
Reynolds, Ridley, Smead.
So the Senate- refused to strike out.
Mr. Thomas F. Anderson, moved to postpone the- resolution
indefinitely^
On which motion, the yeas and nays were required to be re¬
corded) and are—yeas 21, nays 23.
Those voting affirmatively are Messrs. Thomas F. An¬
derson, Beall, Chastain, Colley, Cone, Field, Hill, Holder¬
ness, Jackson, Jones, Kellogg, John Mk King, Lee, Lewis, Mar-
SENATE.
263
tin, McGreggor, Murphey, Smith, .Stell, Wilcox, and Wof-
ford".
Those voting negatively are Messrs. Allen, Wm. Q,. Ander¬
son, Boynton, Broaddus, Brown, 'Calhoun, Crawford, Curry,
-Gignilliatt, Hardeman, Harris, Hines, Kenan, Wesley King,
Long, McGahagan, Miller, Mitchell, Moody, Nickelson Rey¬
nolds, Ridley, Smead.
So the motion was lost
Mr. Martin presented the following amendment, which was
read:
Be it further resolved, That the rebuilding of the Arsenal
he -let out upon contract to such undertaker as will engage to
do the work 011 the best terms ; and that reasonable notice of
the time, place and terms of the undertaking be published in
one or more of the public gazettes -of -said State, at least for
one month previous to letting out the contract.
Mr. Miller called for the -previous question, which was se¬
conded—it being to put the main question on agreeing to the
original resolutions.
The Senate refused to order the main question.
So the resolutions and amendments lie over for one day, un¬
der the rule of the Senate.
The following message was received'fromthe House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr- President—I am directed by the House of Representa¬
tives to inform the Senate that they are now ready to receive
them in their Chamber for the purpose of proceeding to the
elections for three Judges of the Supreme Court.
Mr. Chastain, from the Committee on Enrollment, reported
us duly enrolled and signed by the Speaker of the House of
Representatives, and ready for the signature of the President,
the following acts, to wit:
An act to alter the law in relation to interest on money.
An act to authorize the investment of trust funds in State
stocks, or other 'State securities, to provide for the sale or distri¬
bution thereof, and to exempt the same from taxation.
On motion of Mr. Ridley,
"The Senate repaired to the Representative Hall for the pur¬
pose of going into the elections set apart for this day, and being
seated,
They proceeded to the election of a Judge of the Supreme
Court for the Correction of Errors, in this State, for two years ;
•and on receiving, examining and counting out the ballots, it
appeared that Eugenius A. Nisbet, Esquire, was duly elected a
Judge of said Court for the term of two years.
They then proceeded to the election of a Judge of said Court
26 i JOURNAL OF THE
for the term of four years, and oil receiving, examining and
counting out the ballots, it appeared that Hiram Warner, Es¬
quire, was duly elected a Judge of said Court for the term of
four years.
They then proceeded to the election of a Judge of said
Court for the term of six years; and on receiving, examining
and counting out the ballots, it appeared that Joseph Henry
Lumpkin, Esquire, was duly elected a Judge of said Court J "or
the term of six years.
The Senate, on motion, then repaired to their Chamber.
Mr. Cone moved to adjourn—which was lost.
The Senate took up, as the report of the Committee of (the
Whole,
The bill to compel persons owning plantations and property
in the county of Burke, to give in and pay tax on said property
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 define the rights and powers of administrators de
bonis 11011.
The report was agreed to—the bill was read the third time,
and passed.
The Seriate took up, as the report of the Committee of the
Whole,
The bill to authorize the several courts of ordinary of this
State to appoint their clerks guardians, in certain cases, and for
other purposes therein named.
Mr. Miller offered the following amendment, which was
agreed to :
And be it further enacted, That it shall not be lawful for
any Court of Ordinary to compel any Clerk to become guar- •
dian, as aforesaid, but it shall be at his option.
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 the laws relating to writs of scirefacias.
The report was agreed to—the hill was read the third time,
and passed.
The Senate took up, as the report of the Committee of the
Whole,
The bill to compel the sheriffs of the Cherokee Circuit to ad¬
vertise their sales in one of the public gazettes of said Cir¬
cuit. r
Mr. Kellogg offered the following amendment, which was
agreed to;
SENATE.
•265
" Except the county of Forsyth."
And on motion of Mr. Chastain, 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 exempt from levy and sale, under execution,
homesteads, and other property therein mentioned.
The report was taken up by sections.
The first section being under consideration, Mr. Cone moved
to amend so as to make the property exempted subject to taxa¬
tion—which was agreed to.
Mr. Lee moved to amend the same by inserting the words,
after the words; "two acres," "of a value not to exceed five
hundred dollars."
Which was agreed to.
Mr. Lee moved further to amend, by inserting the words,
after the word " fifty acres" "not exceeding five hundred dol¬
lars in value"—which was agreed to.
Mr. Murphey moved to strike out the following words : " as
a residence of the owner thereof, his or her family," and insert
these words, " as a dwelling house only."
Which was agreed to.
Mr. Jackson moved to amend the section by adding after the
words " household and kitchen furniture," the following words,
" not exceeding the value of one hundred dollars"—which was
agreed to.
The section, as amended, was agreed to.
The other sections were read and agreed to.
Mr. Stell offered the following amendment, which was
lost :
And he it farther enacted, That in the event any debtor
shall not be possessed of the property exempted from levy and
sale under and by virtue of the provisions of this act, then and
in that case their creditors shall be required to procure for them
the full amount of property herein and hereby exempted.
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 13, nays 27.
Those voting affirmatively are Messrs. WilliamQ,. Ander¬
son, Boynton, Brown, Calhoun, Crawford, Curry, Harris, Wes¬
ley King, Lee, Martin, Miller, Murphey, Smead.
Those voting negatively are Messrs. Allen, Thomas F. An¬
derson, Beall, Chastain, Colley, Cone, Field, Hardeman, Hill,'
Hines, Holderness, Jackson, Jones, Kellogg, John M. King,
34*
266 journal of the
Lewis, Long, McGahagan, MgGreggor, Mitchell, Moody, Nick-
elson, Reynolds," Ridley, Smith, Stell, Wilcox.
So the bill was lost.
On motion, the Senate then 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 amend the several laws of force in this State in re¬
lation to the lien of judgments on the property of defend¬
ants.
On motion of Mr. Miller,-
The bill was referred to a select committee of three, consist¬
ing of Messrs. Miller, Chastain and Hardeman.
The Senate took up, as the report of the Committee of the
Whole,
The bill to fimend an act entitled an act for the relief of
executors, administrators and guardians, in certain cases, and
to prescribe and define additional duties and liabilities of the
Clerks of the several Courts of Ordinary of this State.
The report was agreed to—the bill was read the third time,
and lost.
The following message was received from his Excellency
the Governor, by Mr. Anderson, his Secretary :
Mr. President—His Excellency the Governor has -assented
to and signed the following acts :
An act to authorize the investment of trust funds in State
stocks, or other State securities, to provide for the sale or dispo¬
sition thereof" and to exempt the same from taxation.
An act to alter the law in relation to interest on money.
The Senate took up, as the report of the Committee of the
Whole, .
The bill to incorporate the Flint River Manufacturing Com¬
pany, of the county of Upson.
Mr. Stell offered the following amendment:
And be it further enacted, That the private property of the
stockholders shall be held jointly and severally bound for all
the liabilities which are now created, or may hereafter accrue;
and that in the event of a failure of said company, any and all
transfer or transfers of stock made within twelve calendar
SENATE.
267
months immediately preceding such transfer or transfers, shall
be deemed fraudulent and void.
Mr. Brown offered the following as an amendment, by way
of substitute to Mr. Stell's amendment—which was agreed to:
And be it further enacted, 'That the debts of said compa¬
ny shall never exceed half of the amount of the capital paid
in, for which the stockholders shall be personally liable in pro¬
portion to their respective interests, and if said debts at any
time exceed said amount, the stockholders shall be jointly and
severally liable for the whole ; and the proper officers of said
company shall semi-annually, in April and October, make a
return, on oath, to the Governor, of the amount of capital ac¬
tually paid in, with the names of the stockholders, and the
number of shares held by each; with a particular statement;
and no transfer within six months before a failure of said com¬
pany, shall exempt a transferring stockholder from liability. '
Mr. Calhoun offered the following amendment:
That J. H- Howard, and others who may associate with
him, be, and they are hereby incorporated by the name and
style of the Muscogee Manufacturing Company; under the
same rules, regulations and restrictions as are contained in this
act.
And on the motion to agree to the same,
The yeas and nays were required to be recorded, and are-
yeas 22, and nays 20.
Those voting affirmatively are Messrs. Allen, William Q.
Anderson, Boynton, Brown, Calhoun, Crawford, Curry, Field,
Gignilliatt, Hardeman, Jackson, Kenan, Wesley King, Long,
McGahagan, Miller,% Mitchell, Moody, Nickelson, Reynolds,
Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Chastain, Colley, Cone, Harris, Hill, Hines,
Jones, Kellogg, Lee* Lewis, Martin, McGreggor, Murphey,
Smith, Stell, Wilcox, Wofford.
So the amendment 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 22, nays 22.
Those voting affirmatively are Messrs. Allen, William Q.
Anderson, Boynton, Brown, Calhoun, Crawford, Curry, Field,
Gignilliatt, Hardeman, Jackson, Kenan, Wesley King, Long,
McGahagan, Miller, Mitchell, Moody, Nickelson, Reynolds,
Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
268
JOURNAL OF THE
Beall, Broaddus, Chastain, Colley, Cone, Hackett, Harris,
Hill, Hines, Jones, Kellogg, John M. King, Lee, Lewis, Mar¬
tin, McGreggor, Murphey, Smith, Stell, Wilcox, Wofford.
The vote being equal, the President voted in the negative.
So the bill was lost.
The Senate took up, as the report of a Committee of the
Whole,
The bill to relieve Jas. M. Ware, Henry Kingsbury, Jona¬
than Long, Joel T. Flanagan and P. H. Castleberry, of the
county of Paulding, from the payment of a recognizance or
penal bond.
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 tire
Whole,
The bill to alter the time for the election of Electors of Presi¬
dent and Yice President of the United States.
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 the mode of signing judgment and is¬
suing executidn against indorsers, 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 authorize the Judge of the Court of Common Pleas
and Oyer and Terminer for the city of Savannah to hold spe¬
cial or extraordinary Courts, for the trial of offences defined in
an act of the General Assembly entitled an act to define the
olfences of abducting and harboring seamen, and to punish the
same, and for other purposes therein mentioned, passed the 27th
December, 1843.
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 in relation to the holding of the Superior and Infe¬
rior Courts of Glynn county.
Mr. Miller offered the following as an amendment, which
was agreed to :
And be it further enacted. That each of the Grand Juries, at
each term of the Superior Court of Richmond county, shall
have the right to choose their own Bailiff.
A nd be it further enacted, That the Justices' Court of the
one hundred and nineteenth district in Richmond county, shall
SENATE.
269
li ere after be held at Bel Air, in said district, and at no other
place, unless a majority of the legal voters of said district so
determine. Provided, That said court shall not be held at
more than one place in said district. And it shall be the duty
of the Justices of the Peace, if either of them, or any ten in
number of the legal voters in said district require a change in
the place of holding said court, to open a poll at Bel Air, after
ten days notice, for the purpose of determining 011 such change,
which election shall be conducted in the usual manner as at
precinct elections in said county, and a majority of the votes
polled shall determine whether said court shall continue to be
held at Bel Air, or at some other, and what place; and the Jus¬
tices aforesaid shall carry into effect the wishes of such ma¬
jority.
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 change the line betweeen the counties of Glynn
and Wayne.
And on motion of Mr. Miller, the report was laid on the ta¬
ble for the remainder of the session.
The Senate took up, as the report of the Committee of the
Whole,
The bill to incorporate the Augusta Fire Company.
Mr. Miller offered the following amendment, which was
agreed to:
And be it further enacted, That nothing in this act contain¬
ed shall exempt said company, or its members, from the opera¬
tion of any ordinance passed, or hereafter to be passed by the
City Council of Augusta, in relation to the Fire Companies of
said city.
Mr. Martin offered an amendment, to come in after the
words, exempting the members from militia and jury duty, the
following words : c;In time of peace"—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 a report of the Committee of the
Whole,
The bill to compel the Sheriffs of the Cherokee Circuit to
advertise their sales in one of the public gazettes of said Cir¬
cuit—and 011 motion, the bill was indefinitely postponed.
The Senate took up the following bill, which was read the
second time, and referred to a committee of the whole :
A bill for the relief of James M. Davis, of the county of
Talbot.
Mr. Kenan moved to adjourn—which was lost.
Mr. Miller moved to take up bills from the House of Repre¬
sentatives for a first and second reading—which was lost.
Mr. Kenan moved to adjourn.
270
JOURNAL OF THE
Upon which motion the yeas and nays were required to be
recorded, and are—yeas 19, nays 25.
Those voting affirmatively are Messrs. Brown, Calhoun,
Colley, Crawford, Field, Gignilliatt, Haekett, Hardeman, Jones,
Kellogg, Kenan, Wesley King, Martin, McGreggor, Mitchell,
Murphey, Smead, Smith, Wilcox.
Those voting negatively are Messrs. Allen, Thomas F. An¬
derson, Wm. Q,. Anderson, Beall, Boynton, Broaddus, Chas-
tain, Cone, Curry, Harris, Hill, Hines, Holderness, Jackson,
John M. King, Lewis, Long, McGahagan, Miller, Moody,
Nickelson, Reynolds, Ridley, Stell, Wofford.
So the motion was lost.
Mr. Wofford moved to suspend the order, to take up bills of
the House of Representatives for a first and second reading—
which was lost.
On motion, the Senate adjourned until half past 9 o'clock,
to-morrow morning.
THURSDAY, December 18, 1845.
The Senate met pursuant to adjournment.
On motion of Mr. Calhoun,
The Senate agreed to reconsider so much of the journal of
yesterday as relates to the bill to exempt from levy and sale,
under execution, homesteads and other property therein men¬
tioned.
The following communication from his Excellency the Gov¬
ernor, was taken up and read :
Executive Department, ^
Milledgeville, December 18, 1845. ^
1 have the honor of transmitting to the General Assembly,
copies of the report of the auditors appointed under authority
of the present Legislature, in relation to the accounts of Messrs.
Sanford and Hansell. The report upon the claim of Mr. Haek¬
ett is not yet presented, but which, when received, will be laid
before you.
GEO. W. CRAWFORD.
Mr. Wofford offered the following resolutions, which were
taken up, read and agreed to:
SENATE.
271
Resolved, That the hook keeper of the Penitentiary report to
this branch of the Legislature as soon as practicable, in an ab¬
stract form, the amount of debts due the Penitentiary on the
3d day of January, 1844, and by whom they were owing, how
long they had been owing, and whether the same was by note
or by open account, also, what amount of said debts has been
collected, when collected, and from whom.
Resolved further, That the said book keeper report to this
branch of the Legislature as soon as practicable, in abstract
form, the amount of debts he has paid that was owing by the
Penitentiary on the 3d day of January, 1844, which was not
reported by Mr. Derry in his report to the Legislature in De¬
cember, 1843, and to whom were the debts owing, how long
they had been owing, and whether the same was evidenced
by a note or certificate of any officer of the Penitentiary, the
name of the officer, or whether the same was by open account.
Resolved further, That the said book keeper of the Peniten¬
tiary report to this branch of the Legislature as soon as prac¬
ticable, the amount of manufactured articles he has sold, that
was received by him from William C. Derry, and what amount
of said articles remained unsold on the first Monday in Octo¬
ber, 1845.
Resolved further, That the book keeper of the Penitentiary,
report to this branch of the General Assembly, in abstract form,
the amount of outstanding debts, that are now owing by the
Penitentiary, that was made prior to the first of January, 1841,
which, was not reported by Wm. C. Derry in his report to the
Legislature in December, 1843, to whom the same is owing,
when said debts were made, by whom, and whether said debts
were evidenced by note or open account.
Mr. Miller, from the majority of the select committee to whom
was referred the bill to amend the several laws of force in this
State in relation to the lien of judgments on the property of
defendants, made the following report:
A bill in relation to the lien of judgment and decrees.
Be it enacted by the Senate and House of Representatives
of the State of Georgia, in General Assembly met, and it is
hereby enacted by the authority of the same, That when any
judgment or decree shall be hereafter rendered in any of the
courts of this State, the same shall not bind or affect any real
estate situated in a different county from that in which the judg¬
ment or decree may have been obtained and which may, after
such judgment or decree,' have been conveyed to a bona fide
purchaser, unless a duly certified copy of such judgment or de¬
cree shall be filed in the clerk's office of the superior or inferior
court of the county in which such property may lie within one
year after the entry thereof, and it shall be the duty of the clerk
of such court to make an entry thereof upon the execution
docket of such court.
And be it f urther enacted, That all judgments and decrees
272
JOURNAL OF THE
upon the foreclosure of mortgages shall he subject to the same
restrictions and limitations as to their lien and the etfcct of ex¬
ecutions issued thereon, as now exist in relation to judgments
obtained according to the regular process of law.
Mr. Chastain, from the minority committee to whom was
referred the bill to amend the several laws of force in this State
in relation to the lien of judgments on the property of defend¬
ants, made the following minority report:
A bill to alter and amend the 4th section of an act entitled
an act to amend the 26th section of the judiciary act, passed
the 16th day of December, 1799, and also to prevent a fraudu¬
lent enforcement of dormant judgments, approved December
19th, 1822.
Whereas, the 4th section of the said act is in the words fol¬
lowing, to wit: no judgment shall be enforced by the sale of any
real or personal estate, which the defendant may have sold and
conveyed to-a purchaser for a valuable consideration, and with¬
out actual notice of such judgment, provided such purchaser,
or those claiming under him by such sale and conveyance, have
been in peaceable possession of such real estate for seven years
and of such persona] estate for four years before the levy shall
have been made thereon.
And whereas, said section requires amendment,
Be it therefore enacted by the Senate and House of Represen¬
tatives, of the State of Georgia, in General Assembly met,
and it is hereby enacted by the authority of the same, That
from and after the passage of this act, no judgment shall be en¬
forced by the sale of any real or personal estate, which the
defendant may have sold and conveyed to a purchaser for a
valuable consideration, without any intention of fraud and with¬
out actual notice of such judgment, provided such purchaser or
those claiming under him by such sale and conveyance, shall
have been in peaceable possession of such real or personal estate,
for one year before the levy shall have been made thereon.
Sec. 2d. And be it further enacted by the authority afore¬
said, That all laws and parts of laws militating against the
provisions of this act, be and the same are hereby repealed.
Mr. Jackson presented the memorial of sundry citizens of
the city of Savannah, praying the passage of the bill of the
House of Representatives, in relation to the repeal of the act
of 1843, in relation to the election of municipal officers of the
city of Savannah.
On motion of Mr. Broaddus,
The Senate took up the resolutions offered by himself author¬
izing his Excellency the Governor to procure the services of a
competent artist to execute a full length painting of General
Andrew Jackson, to be deposited in oue of the Halls of the
State House.
Mr. Miller offered the following amendment, which was
agreed to, to wit:
SENATE.
273
And entertaining a proper estimate of the high character and
distinguished services of the Honorable William H. Crawford,
deceased,
Resolved, That his Excellency the Governor be and he is
hereby authorized to contract with some skilful artist for the
painting of a portrait of said deceased patriot and statesman,
and have the same placed in the Senate chamber.
Mr. Smead offered the following amendment, which was
agreed to, to wit:
Also, a full length likeness of William Henry Harrison.
Mr. Stell offered the following amendment, which was agreed
to, to wit: And a full length likeness of the Hon. John Forsyth.
Mr. Miller moved to strike out all that part of the resolution
that relates to paying the same out of the contingent fund,
which was carried.
Mr. Lewis moved to lay the resolutions and amendments on
the table for the present, and that they be referred to a select
committee of five, which was carried.
Whereupon the President appointed Messrs. Broaddus, Mil¬
ler, Stell, Smead and Murphey, that committee.
The Senate took up the following amendments of the House
of Representatives to the Senate's resolutions in reference to
certain mail routes, and concurred therein, to wit:
From Talbotton, Georgia, by way of Tazewell, to Americus,
Georgia, on horse back, once a week.
Also, a daily horse mail from Atlanta in DeKalb county, to
Campbellton, Campbell county, Georgia.
And a tri-weekly mail from Americus, Georgia, to Eufaula,
Alabama, via Lumpkin, Stewart county, Georgia.
And also, a mail route from Dahlonega, to Blairsville, by
way of Cooper's Gap, once a week, by horse back, and also, a
tri-weekly from Gainesville to Dahlonega.
Mr. Cone offered the following resolution, which was taken
up, read, and agreed to:
Resolved by the Senate, That his Excellency the Governor
be and he is hereby requested to furnish this branch of the
General Assembly a copy of the decision of the Superior Court
of the county of Tattnall, in the contested case between Abra¬
ham Strickland and Mr. Vinzant,as takers of the census in 1845,
as soon as convenient.'
On motion of Mr. Ridley,
The Senate took up the resolution offered by himself, bring-
in0- on the election of a Senator to the United States Senate, for
six years from and after the third day of March, 1847.
Mr. Cone moved an indefinite postponement—which was
seconded.
Mr. Cone asked leave to withdraw his motion—and on the
question to grant the leave asked for,
The yeas and nays were required to be recorded, and are—
yeas 23, nays 21.
35
274
JOUENAL OF THE
Those voting affirmatively are Messrs. Thos. F. Anderson,
Beall Broaddus, Chastain, Colley, Cone, Field, Hill, Hoi-
derness, Jackson, Jones, Kellogg, John M. King, Lee, Lewis,
Martin, McGreggor, Murphey, Smith, Stell, Whitfield, 'Wilcox,
Wofford..
Those voting negatively are Messrs. William Q. Ander¬
son, Boynton, Brown, Calhoun, Crawford, Curry, Gignilliatt,
Hardeman, Harris, Hines, Kenan, Wesley King, Long, McGa-
hagan, Miller, Mitchell, Moody, Nickelson, Reynolds, Ridley,.
Smead.
So the leave was granted.
Mr. Stell offered the following as an amendment, by way ot
substitute for the resolution, to wit:
Whereas, the course pursued by the Hon. John McPherson.
Berrien, in the Senate of the United States Congress, is at vari¬
ance with the best interests of the people of this State—
And whereas, his present tenure does not expire until the 3d
day of March, 1847—and whereas, the party with whom he is
identified refused to join issue with their opponents, in the late
canvass, upon the subject of his re-election ; and in support of
their position declared to the people, that that was an issue
which their opponents were attempting to fasten upon them at
an untimely period, simply because Mr. Berrien was personally
unpopular; that at the proper time, they would meet their op¬
ponents upon this question, and present the name of some one
who should be a fair exponent of their principles in relation to
all the great questions at issue between the two great political
parties—and whereas, the disposition evinced by the Repre¬
sentatives of that party, is at variance with their declarations
so made—and whereas, sovereignty rightfully belongs to the
people, and in consideration thereof, there can be no dan¬
ger in cpnfiding to their own charge their best interests, and
trusting in their own hands the most sacred right of suffrage—
therefore, it is proper and right, nay, more, it is but sheer jus¬
tice to the whole country, that an appeal should be now taken,
and this great question, together with its consequences, be re¬
ferred back to the arbitrament of the people themselves, for
their own decision and award in the premises—and more es¬
pecially, as it is well nigh two years until the commencement
of the tenure of the office which it is now proposed to fill, and
that it is highly probable that important events, in which our
national prosperity and happiness may be deeply involved, may
arise during the interim, which it is impossible for us now to
foresee ; and furthermore, that there will not be a session of
Congress intervening between the expiration of the tenure of
the present incumbent and the meeting of the next General
Assembly—,
SENATE.
275
Therefore be it resolved, That the election of a Senator to
the Congress of the United States, for six years next ensuing,
from and after the fourth day of March, 1847, he postponed
until the meeting of the next General Assembly.
Mr. Miller moved to amend the original resolution by filling
the blank with the twentieth of this instant.
On Which motion, the yeas and nays were required to be re¬
corded, and are—yeas 25, nays 20.
Those voting affirmatively are Messrs. William Q,. Ander¬
son, Boynton, Brown, Calhoun, Crawford, Curry, Field, Gignil-
liatt, Hackett, Hardeman, Harris, Hines, Kenan, Wesley King,
Lee, Long, McGahagan, Miller, Mitchell, Moody, Nickelson,
Reynolds, Ridley, Smead, Whitfield.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Chastain, Colley, Cone, Hill, Holderness, Jack¬
son, Jones, Kellogg, John M. King, Lewis, Martin, McGreggor,
Murphey, Smith, Stell, Wilcox, Wofford.
So the motion was carried.
Mr. Miller offered the following amendment to Mr. Stell's
amendment, to wit:
Strike out the words " the meeting of the next General As¬
sembly," and insert the following: " on Monday, the twenty-
second instant."
And on the motion to agree thereto,
The yeas and nays were required to be recorded, and are—
yeas 22, nays 23.
Those voting affirmatively are Messrs. Wm. Q,. Anderson,
Boynton, Brown, Calhoun, Crawford, Curry, Gignilliatt, Hack¬
ett, Hardeman, Harris, Hines, Kenan, Wesley King, Long, Mc¬
Gahagan, Miller, Mitchell, Moody, Nickelson, Reynolds, Rid¬
ley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Chastain, Colley, Cone, Field, Hill, Hol¬
derness, Jackson, Jones, Kellogg, John M. King, Lee, Lewis,
Martin, McGreggor, Murphey, Smith, Stell, Whitfield, Wilcox,
Wofford.
So the amendment to the amendment was lost.
Mr. Crawford called for the previous question, which being
seconded, on the question " shall the main question be now
put,"
The yeas and nays were required to be recorded—and are,
yeas 23, nays 23.
Those voting affirmatively are Messrs. Allen, William Q.
Anderson, Boynton, Brown, Calhoun, Crawford, Curry,
276
journal of the
Gignilliatt, Hackett, Hardeman, Harris, Hines, Kenan,
Wesley King, Long, McGahagan, Miller, Mitchell, Moody,
Nickelson, Reynolds, Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Chastain, Colley, Cone, Field, Hi!3,
Holderness, Jackson, Jones, Kellogg, John M. King, Lee,
Lewis, Martin, McGreggor, Murphey, Smith, Stell, Whit¬
field, Wilcox, Wofford.
The vote being equal, the President voted in the negative
So the Senate refused to sustain the call for the previous
question—and the resolutions lie over for one day, under the
rule of the Senate.
The following communication was received from his Excel¬
lency the Governor,, by Mr. Anderson, his Secretary :
Executive Department, )
Milledgeville, December 18th, 1845. \
I have the honor of transmitting to the General Assembly a.
copy of the report of the Auditors appointed under authority of
the present Legislature, in relation to the account of Mr. Hack¬
ett. GEO. W. CRAWFORD.
The Senate took up, as the report of the Committee of the
Whole,
The bill to authorize the issuing of grants to any ungranted
lots in the land lotteries of 1821 and 1827, and the land and
gold lottery of 1832, where no provisions have heretofore been
made for granting.
Mr. Boynton otfered the following as a substitute for'the re¬
port of the committee of the whole, which was agreed to:
A bill to be entitled an act to authorize the issuing of grants
to such lots of land and fractions, as are embraced in the sev¬
eral counties of this State, in the land lotteries of 1821 and
1827, and the land and gold lotteries of 1832, and no provisions
heretofore made for granting, and to such other lots (embraced
in the aforesaid land and gold lotteries,) as the granting of which
has been arrested by an Executive order, on account of forge¬
ries, alterations and erasures upon the books of the Executive
department—
Section 1st. Whereas there are yet remaining, under the va¬
rious surveys heretofore had, public lands, consisting of whole
numbers and fractions, that were never deposited in the wheel
at the drawing of the land lotteries of 1832—
And whereas, by fraudulent entries, alterations and erasures
upon the books of the Executive department, gralits have been
refused to issue, in pursuance of an act of 1843—
Sec. 2 Be it therefore enacted by the Senate and House of
Representatives of the State of Georgia, in General Assembly
SENATE.
277
met, and it is hereby enacted by the authority of the same, That
from and immediately after the passage of this act, any per¬
son, a citizen of this State, by paying into the treasury the sum
of two thousand dollars, shall be entitled to receive from this
State, in his or her name, a grant or grants to any lot or lots,
fraction or fractions of land, for the granting of which no pro¬
visions have heretofore been made, and to such lots for which
the grants have been prevented to issue in pursuance of an act
•of 1843, by an Executive order, embraced in any county of
this State, in the several land and gold lotteries aforesaid; and
from and after the first day of March, 1846, by paying into the
treasury the sum -of fifteen hundred dollars; from and after the
first day of April thereafter, by paying into, the treasury one
thousand dollars; from and after the first day of May thereaf¬
ter, by paying into the treasury seven hundred and fifty dol¬
lars ; from and after the first day of June thereafter, by paying
into the treasury five hundred dollars ; from and after the first
day of July thereafter, by paying into the treasury three hund¬
red dollars; from and after the first day of August thereafter,
by paying into the treasury two hundred dollars; from and af¬
ter the first day of September thereafter, by paying into the
treasury one hundred and fifty dollars; from and after the first
day of October thereafter, one hundred dollars; from and after
the first day of November thereafter, by paying into the treasu¬
ry seventy-five dollars; from and after the first day of Decem¬
ber thereafter, fifty dollars; from and after the first day of
January thereafter, twenty-five dollars; from and after the first
day of February thereafter, five dollars.
Sec. 3. And be it further enacted by the authority aforesaid,
That should two or more persons apply for the same lot or frac¬
tion, the Surveyor General shall place the name of all the appli¬
cants in a hat, and the first name drawn out shall be entitled
to receive the grant, on paying into the treasury the sum before
recited.
Mr. Chastain offered the following amendment to Mr. Boyn-
ton's amendment, which was agreed to:
Provided, That nothing in this act contained shall be so con¬
strued as to authorize the grant to issue to any fractional lots in
any of the lotteries embraced in the act of 1843.
The report, as amended, was agreed to—the bill was read
the third time, and passed.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have passed
the following bill of Senate, to wit:
A bill to alter and amend the several acts heretofore passed
relative to the Monroe Rail Road and Banking Company, &c.,
with amendments—to which they desire the concurrence of the
Senate.
278
JOURNAL OF THE
The Senate took up, as a report of the Committee of the
Whole,
The hill to provide for conducting the business of transporta¬
tion on the Western and Atlantic Rail Road.
Mr. Murphey moved the following amendment, which was
adopted:
And be it further enacted by the authority aforesaid, That
the several agents appointed by virtue of this act, shall make
quarterly returns to his Excellency the Governor, of the amount
of money received by them, and shall pay over the same, as
directed by the Governor.
Mr. Hackett presented the following amendment:
And be it further enacted by the authority aforesaid, That
from and after the passing of this act, the Chief Engineer of
the Western and Atlantic Rail Road shall, before entering up¬
on the duties of his office, take and subscribe an oath faithfully
to discharge the duties thereof, and shall give a bond, with good
and ample security, to be approved by his Excellency the Gov¬
ernor, in the sum of , for all monies of the State which
may come to his hands.
And be it f urther e?iacted by the■ authority aforesaid, That
the Chief Engineer of the Western and Atlantic Rail Road
shall, for bis services, receive a salary of dollars per an¬
num, and such Assistant Engineers as may be employed on
said Road shall, for their services^ receive a salary of per
annum.
Mr. T. F. Anderson moved to fill the blank in the bill with
$20,000, as the amount of the bond to be given by the Agent
of Transportation.
Which was carried.
Mr. Miller moved to fill the blanks in the amendment offer¬
ed by Hr. Hackett, with the sum of two thousand dollars.
Mr. Hackett moved to fill the blank with $1,800.
Mr. Lewis to fill with $1,500 as the salary of Chief Engi¬
neer.
On the question to fill the blank with $2,000,
The yeas and nays were required to be recorded, and are—
yeas 16, nays 27.
Those voting affirmatively are Messrs. William Q;. Ander¬
son, Boynton, Calhoun, Crawford, Curry, Gignilliatt, Harde¬
man, Jackson, Kenan, Long, McGahagan, Miller, Murphey,
Reynolds, Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Chastain, Colley, Cone, Field, Hackett, Harris,
Hill, Hines, Holderness, Jones, Kellogg, John M. Jung, Wesley
King, Lee, Lewis, Martin, McGreggor, Mitchell, Moody, Nick-
elson, Smith, Stell, Whitfield, Wilcox.
So the motion was lost.
SENATE.
279
The question then recurred on filling the blank with eighteen
hundred dollars.
Upon which motion,
The yeas and nays were required to be recorded, and are—
yeas 24, nays 19.
Those voting affirmatively are Messrs. William Q,. Ander¬
son, Beail, Boynton. Brown, Calhoun, Crawford, Curry, Gignil-
liatt, Hardeman, Harris, Holderness, Jackson, Kenan, Long,
McGahagan, Miller, Mitchell, Murphey, Nickelsozi, Reynolds,
Ridley, Smead, Smith, Whitfield.
Those voting negatively are Messrs. Thomas F. Anderson,
Broaddus, Chastain, Colley, Cone, Field, Hackett, Hill, Hines,
Jones, Kellogg, John M. King, Wesley King, Lewis, Martin,
McGreggor, Moody, StelL, Wilcox.
So the motion was carried.
Mr. Hackett moved to fill the blank with one thousand dol¬
lars, as the salary of the Assistant Engineer, and to amend by
inserting—
And that the above salaries .shall cover all contingent ex¬
penses.
Which was agreed to.
Mr. Chastain moved to amend by adding the following pro¬
viso :
Provided, There shall only be one Assistant Engineer—
which was agreed to,
The amendment, as amended, offered by Mr. Hackett, was
adopted.
The report, as amended, was agreed to.
And on motion of Mr. Murphey, the report was re-committed
to a Committee of the Whole.
And on his motion, $20,000 was stricken out, and $2,000 in¬
serted, as the amount -ef the bond to be given by the Agents
of Transportation.
Mr. Hackett moved further to amend, so as to fix the sala¬
ries of Agents of Transportation, at a sum not exceeding $750.
Which was lost
The report, as amended, was agreed to—the bill was read
the third time, and passed.
The following ^message was received from the House of
Representatives by Mr. Word, their Clerk:
Mr. President—The House of Representatives have passed
the following bills, to wit:
A bill to appropriate money for the support of government
■for the years eighteen hundred and forty-six, and eighteen,
hundred and foityrseven.
2S0
J0URNXL OF THE
A bill to amend the several acts of this State in relation to
auctions and auctioneers, and for other purposes.
They have also concurred in the amendment of Senate to
the bill of the House, "to repeal an act entitled an act to con¬
solidate the offices of tax collector and receiver of tax returns
of the counties of Forsyth, Carroll, Madison, Habersham and
Ware, passed the 27th December, 1838, so far as relates to the
county of Madison.
They have also passed the following bill of Senate, to
wit:
A bill for the relief of John J. Hamilton, receiver of tax re¬
turns for the county of Pulaski, for the year 1845.
They have also agreed to a resolution relative to John
Hentz, deceased.
To which they desire the concurrence of the Senate, and
which I am directed to report forthwith to this branch of the
General Assembly.
On motion, the order was suspended, and the Senate took up
the bill of the House of Representatives appropriating money
for the support of government for the political years 1846 and
1847, which was read the first time.
On motion, the order was suspended, and the Senate took up
the resolution of the House of Representatives authorizing his
Excellency the Governor to cause the funeral expenses of the
late John Hentz, deceased, a member elect from the county of
Baker, to be paid, and a durable monument to be erected over
his grave, and concurred therein.
And the Secretary was directed to return the same to the
House, forthwith.
The Senate took up, as a report of the Committee of the
Whole,
The reconsidered bill to exempt from levy and sale, under
execution, homesteads and other property therein mentioned.
Mr. Calhoun moved to amend by striking out of the report
all after the enacting clause, and inserting the following:
That the provisions of the act to exempt from levy and sale,
under execution, certain property therein mentioned, assented
to December 11th, 1841, and the act amending the same, as¬
sented to 22d December, 1S43, be extended to the citizens of
any city, town or village in this^ State, and include real property
in said places.
And that all laws militating against this act, be, and the
same are hereby repealed.
Mr. Hardeman moved to amend the amendment by insert¬
ing the words—
" Not exceeding in value two hundred dollars"—which was
agreed to.
senate.
281
The report, as amended, was agreed to—the bill was read
the third time, and on the question, " shall this bill jtow pass,-'
The yeas and nays were required to be recorded, and are—
yeas 30, nays 12.
Those voting affirmatively are Messrs. Beall, Broaddus,
Brown, Calhoun, Chastain, Crawford, Curry, Field, Gignil-
liatt, Hackett, Hardeman, Harris, Hill," Hines, Holderness,
Jackson, Kellogg, Lee, Long, Martin, Miller, Mitchell, Mur-
phey, Nickelson, Reynolds, Ridley, Smead, Smith, Stell, Whit¬
field.
Those voting negatively are Messrs. Thomas F. Anderson,
Wm. Q,. Anderson, Boynton, Colley, Cone, Jones, Wesley King,
Lewis, McGahagan, McGreggor, Moody, Wilcox.
So the bill was passed.
The following communication was received from his Excel¬
lency the Governor, by Mr. Anderson, his Secretary, which, on
motion, was taken up and read, and on motion of Mr. Cone,
was referred to a select committee, consisting of Messrs. Cone,
Jones and Martin;
Executive Department, i '}
Milledgeviile, 18th December, 1845. $
In compliance with a resolution of the Senate requesting to
be furnished with a copy of the decision of the Superior Court
of Tattnall county in the contested case between Abraham
Strickland and Mr. Yinzant, as takers of the census in 1845, I
have the honor to lay that document before you.
GEO. W. CRAWFORD.
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 authorize the
Inferior Courts of the several counties of this State to contract
for the building of public bridges, and give them discretionary
powers in relation to the same.
The report was agreed to—the bill was read the third time, .
and passed.
36*
232
JOURNA.L OF THE
The Senate took up, as the report of the Committee of the
Whole, t
The bill of the House of Representatives to change the name
of Maria Ellen Allen to that of Maria Ellen Chapman, and to
legitimatize the same-
Mr. Boynton offered the following amendment, as an addi¬
tional section, which was agreed to :
And be it further enacted by the authority aforesaid, That
the name of Emma Louisa Waller, of the county of Twiggs,
be, and is hereby changed to that of Emma Louisa Exum ;
and that she is hereby declared to be fully and completely le¬
gitimatized, and entitled to all the rights and privileges that she
would have been had she been born in lawful wedlock, and be
Jfully capable of taking, and inheriting, and receiving all man¬
ner of property by virtue of the statutes of this State, so far as
relates to the real and personal estate of her reputed father,
William H. Exum, of the county of Tvyiggs.
Mr. Miller moved to lay the report, as amended, on the ta¬
ble for the balance of the session—which was lost.
Mr. Curry1 offered the following amendment, which was
agreed to :
" And that the name of Anne Rachael be changed to that of
Anne Elizabeth Dickson.
The report, as amended, was agreed to—the bill was read
the third time, and passed.
Mr. Martin, from the select committee to whom were refer¬
red the resolutions of the Senate and the report of the Central
Bank, made the following report:
The select committee to whom were referred the resolutions
of the Senate and report of the Director of the Central Bank,
in regard to the expenses of that Institution, ask leave to re¬
port—
That by some accident, the report of the Director of the Cen¬
tral Bank has been mislaid or lost, so that the same cannot be
found, and that the Director of the Central Bank can not readi¬
ly furnish a copy thereof, as he retained no copy of the original
report-
As the session of the Legislature is drawing rapidly to a
close, your committee suggest the propriety of the next commit¬
tee who meet to examine the affairs of the Central Bank, en¬
quiring into the subject referred to in the resolutions of the
Senate.
And your committee ask to be discharged from the further
consideration of the subject.
The Senate took up, as the report of the Committee of tire
Whole,
The bill of the House of Representatives to provide for the
SENATE.
283
introduction in evidence of certain copy executions; in certain
cases therein defined.
The report wds 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 Bank of Milledgeville.
Mr. Miller offered the following amendment, as an additional
section, which was agreed to, to wit:
And be it further enacted by the authority aforesaid, That
the Augusta Insurance and Banking Company be, and they
are hereby authorized to reduce their capital to the sum of
three hundred and seventy-five thousand dollars ; at which it
shall hereafter remain; and "that said Company be, and they
are hereby relieved from the payment of any tax hereafter
payable on any amount of capital beyond that sum.
The report, as amended, was agreed to—the bill was read
the third time, and passed.
On motion of Mr. Hardeman,
The order was suspended, and the Senate took up the
amendment of the House of Representatives for the bill of the
Senate "to alter and amend the several acts heretofore passed
relating to the Monroe Rail Road and Banking Company, to
change the name of said Company, and to authorize the Com¬
pany to build a branch Rail Road to Columbus."
Mr. Miller proposed to amend the following proviso thereto :
" Provided also, That the rights and privileges heretofore
granted to, or claimed by said Monroe Rail Road and Banking
Company, of constructing a branch of the said Road from, any
point on the same to West Point, in Troup county, or any
neighboring point on or near the Chattahoochee river, shall be
suspended, and shall in no event be exercised by the said Ma¬
con and Western Rail Road Company, (until the said branch
to Columbus shall be fully completed"—by striking out the fol¬
lowing words, to wit:
" Until the said branch to Columbus shall be fully com¬
pleted."
Mr. Hines called for the previous question—which was se¬
conded—and on the question, "shall the main question be now
put,"
The yeas and nays were required to be recorded,, and are—.
yeas 34, nays 11.
Those voting affirmatively are Messrs. Broaddus, Brown,
Calhoun, Chastain, Colley, Cone,Curry, Field,Gignilliatt, Hack-
ett, Hardeman, Hines, Holderness, Jackson, Jones, Kenan,
John M. King, Wesley King, Lee, Lewis, Martin, McGahagan,
284
JOURNAL OP THE
McGreggor, Mitchell, Moody, Murphey, Reynolds, Ridley,
Smead, Smith, Stell, Whitfield, Wilcox, Wofford.
Those voting negatively are Messrs. Thomas F. Anderson,
William Q.Anderson, Beall, Boynton, Crawford, Harris, Iliil,
Kellogg, Long, Miller, Nickelson.
So the main question was ordered to be put, and the amend¬
ment of the House of Representatives was concurred in.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, 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 1846 and 1847.
Which I am directed to report forthwith to this branch ot
the General Assembly.
The Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives to authorize ad¬
ministrators, executors, or guardians, to exercise discretion in
selling lands which may be divided by county lines.
The report was agreed to—the bill was read the third time,
and passed.
The Senate took up, as a report of the Committee of the
Whole,
The bill of the House of Representatives to confirm and
make valid a sale of a lot of land in the town of Bainbridge,
and to authorize the trustees of Decatur county Academy to
execute a deed of conveyance to Alexander A. Allen, or his
assigns, and to appoint an additional Trustee for said Acad¬
emy.
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 exempt the
Commissioners of the Public Roads in the county of Chatham
from the performance of patrol duty.
And on motion of Mr. Jackson, 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 grant the rights
and privileges of citizenship to George Michael Lavender, a
descendant of the Cherokee tribe of Indians, a citizen of the
county of Coweta, and to establish and legalize the name t<f
the said person, as George Michael Lavender, and to remove
SENATE.
285
all legal disabilities heretofore imposed, and to compel him to
do and perform all the duties of a free white citizen.
Mr. McGreggor offered the following amendment, which was
agreed to: 9
" To insert the name of Matthew Thompson, of Cass
county."
The report, as amended, was agreed to—the bill was read
the third time, and passed.
The Senate tpok up, as the report of the Committee of the
Whole,
The bill from the House of Representatives to authorize the
Justices of the Inferior Court of Floyd county, and their suc¬
cessors in office, to asse&s an extra tax on the citizens of said
county for the purpose of paying for the public buildings of said
county, and to compensate William A. Moore, County Surveyor
of said county, for aiding in running a line between the coun¬
ties of Floyd and Chattooga.
Mr: Hackett moved to strike out " seventy-five per cent,"
and insert " fifty per cent"—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
Robert P. Dickerson, of the county of Elbert.
The report was agreed to, and on motion of Mr. Calhoun,
was laid on the table for the present.
The Senate took up, as a report of the Committee of the
Whole,
The bill from the House of Representatives to amend an
act entitled an act to amend the road and patrol laws of this
State, so far as relates to the county of Effingham, assented to
on the 9th day of December, 1843.
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 relieve Sylva-
nus W. Burney and Allen Cochran from the payment of a por¬
tion of a note held by the Central Bank against them, and for
other purposes therein named.
On motion of Mr. Kenan, the report was passed over for the
present.
The Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives " to authorize Da¬
vid Ross, of the county of Putnam, to erect a mill dam across
the Oconee river, at or near the Long Shoals*"
2S6
jouknal 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
Whol?; ' »
The bill of the House of Representatives to incorporate the
Mechanic Benevolent Society 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 of the House of Representatives to add the places
of residence of William Burney, Thomas P. Tootom and Wm.
Lowrie, of Glynn county, to the county of Wayne; also the
place purchased by James Stafford from John Gibson, sr., in
the county of Glynn, and the place of residence of Timothy
Arnett, in the county of Appling, to the county of Wayne.
The report was agreed to, and on motion of Mr. Miller, the
bill was indefinitely postponed.
The Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives to prohibit lessors
in ejectment being made parties plaintiff without their con¬
sent.
The report was agreed to—the bill was read the third time,
and passed.
Mr. Kenan offered the following resolution, which was taken
up, read and agreed to:
Resolved, That the Cashier of the Central Bank be request¬
ed to inform the Senate of the value of the Darien Bank Bills'
at the time a note for $2,350 50 cents was discounted to W.
C. Nail, 1st October, 1840; and whether or not said note was
discounted for Darien Bank Bills.
Mr. Ridley moved that when the Senate adjourns, it shall
adjourn to meet at seven o'clock, this evening—which was
carried.
On motion, the Senate adjourned until seven o'clock, this
evening.
Seven O'clock, P. M.
The Senate met pursuant to adjournment.
The Senate took up the following bill of the House of Rep¬
resentatives, which" was read the second time, and referred to
a committee of the whole House :
SENATE.
287
A bill to amend an act entitled an act to alter the time for
the election of the Mayor and Aldermen of the city of Savan¬
nah, to reduce the number of Aldermen, to make the Mayor
elective by the people, and to prescribe his duties, and to pro¬
vide for the election of certain officers therein named, assented
to December 25th, 1843, so far as relates to the 2d, 6th and 7th
sections of said act.
The following bills of the House of Representatives were
taken up and read the first time :
A bill to alter and amend (so far as relates to the county of
Troup) the third section of an act entitled an act to alter and ■
amend the road laws of this State, approved 18th December,
1818.
A bill to relieve Alexander Means,, of the county of Newton,
from the payment of a portion of tax improperly assessed
against him in said county, for the year 1845.
A bill to change the name of Cassandria Fitzpatrick to that
of Cassandria Hill, and legitimatize the ^ame, and for other
purposes therein contained.
A bill to prevent and remove obstructions in the Flint river
calculated to impede the free passage of fish, to appoint Com¬
missioners, and to punish those who may attempt to defeat the
same.
A bill to authorize the Justices of the Inferior Court of the
county of Murray, to assess and levy an extra tax of twenty-
five per cent., for the purpose of building a Jail.
A bill to repeal an act passed on the 25th Dec. 1837, con¬
solidating the offices of receiver of returns and tax collec¬
tor in the counties of Lumpkin, Gilmer, Tattnall, Union,
Pulaski, Telfair, Walker, Cherokee, Early, Rabun, Floyd and
Paulding, so far as relates to the counties of Cherokee and
Tattnall.
A bill to, grant further time to the city of Columbus to pay a
debt due by said city to the State of Georgia.
A bill to amend the several acts of this State in relation to
auctions and auctioneers, and for other purposes.
A bill to alter and amend an act to provide for the indigent
deaf and dumb of this State, also to provide for the appointment
of a commissioner, to regulate his duties, affix his salary, and
appropriate monies therefor, by changing the place of education,
and for other purposes.
A bill to alter and amend an act entitled an act to incorpo¬
rate the village of Jefferson, in the county of Jackson, assented
to 24th Deer., 1833, so far as relates to the appointing of five
commissioners for the same, and extending the corporate limits
thereof.
A,bill to authorize William Roscoe Gorman, of the county of
Talbot, to plead and practice law in the several courts of law
and equity in this State, on certain conditions therein expres¬
sed^ •
233
journal of the
A bill to amend the corporation laws of the village of Ruck-
ersville, in the county of Elbert, passed in the year 1S22.
A bill to add the residence and premises of John Mc Curdy
sen., now of the county of Walton, to the county of Gwinnett,
and the plantation of John Freeman, of the county of Franklin,
to the county of Madison.
A bill to repeal the second section of 'an act to change the
times of holding the Inferior Courts in the county of Sumter,
and the Superior and Inferior Courts in the county of Stewart,
and to regulate the manner of adjourning the Inferior Courts
of Stewart county, assented to the 7th day of December, 1841,
and to change and fix the time of holding the inferior courts in
said county of Stewart. _ •
A bill to authorize and require the Justices of the inferior
court of the county of Marion, or a majority of them, to draw
a Grand and Petit Jury in said county.
A bill to repeal an act to alter and amend the several acts for
the government of the city of Macon, assented to the 8th day
of December, 1841, so as to vest the appointment of Marshal
for said city in the Mayor and Council, instead of his being
elected by the people, assented to on the 26th- day of Decem¬
ber, 1842, and to provide for the election of a marshal and dep¬
uty marshal in and for said city.
A bill to audit the claims of certain attorneys at law, retain¬
ed and employed by the State of Georgia, in the prosecution
of writs against certain defaulting Banks, and to provide for
the payment of the same.
A bill to appropriate money in cases of overpayments at the
treasury.
A bill to render legal and valid the adoption of Rose Anna
McHugh, by Robert Raiford, and to confer upon her the privi¬
leges and rights of his legitimate child.
A bill to amend an act to amend the estray laws of this
State, so far as relates to the time of advertising and tolling
horses, cattle, sheep, goats or hogs, before they are sold, assent¬
ed to December 20th, 1823.
A bill to authorize his Excellency the Governor to cause a
grant to be issued to James Bush, of the county of Early, for
lot No. 100, in the 6th district of said county.
On motion, the Senate adjourned until half past 9 o'clock,
to-morrow morning.
FRIDAY, December 19, 1S45.
The Senate met pursuant to adjournment.
-SENATE.
Mr. T. F. Anderson moved to reconsider so much of the
journal of yesterday as relates to the passage of the bill of the
House of Representatives to prohibit lessors in ejectment being
made parties plaintiff without their consent
Which was agreed to.
Mr. Wofford, from the Joint Standing Committee on the Pen¬
itentiary, reported back the majority report—and reported a
new minority report, fifty copies of which were ordered to be
printed for the use of the Senate.
Mr. Chastain offered the following resolution, which was ta¬
ken up and read, and
On motion, was laid on the table for the present.
Resolved by the Senate and House of Representatives, That
his Excellency the Governor be and he is hereby authorized
and requested to have a suitable dwelling-house constructed
and .placed on the Penitentiary Square, for the use of the As¬
sistant Keeper of the Penitentiary, and that the same be built
by the convicts now in the Penitentiary.
On motion of Mr. Hardeman,
The following resolution, offered by himself, was taken up,
read, and agreed to:
Whereas, executions have been issued by the Treasurer
against the Bank of Milledgevilie, and the Commercial Bank,
at Macon, for taxes claimed to be due tb the State—
And whereas, said Banks have paid into the Treasury the
amount due the State on the capital used and operated on by
them respectively, which is all that is justly due the State—
Be it therefore resolved by the Senate and House of Represen¬
tatives, That the said Bank of Milledgevilie and the Commer¬
cial Bank, at Macon, be and they are hereby relieved and dis¬
charged from all liability as to the amount for which said exe¬
cutions were issued.
On motion of Mr. Hardeman,
The Senate took up the following resolution and amend¬
ments :
Resolved by the Senate and House of Representatives, That
his Excellency the Governor be and he is hereby requested to
have all the collectable debts due to the Bank of Darien, col¬
lected with convenient dispatch, and that he cause the land
and assets of said Bank to be converted into cash, so soon as,
in his opinion, it can be done without manifest loss to the State,
and so soon as a compliance with good faith to the bill-holders
shall demand, and that the proceeds thereof be applied to the
redemption of the bills of said Bank.
The following amendment, offered by Mr. Miller, was
agreed to:
And the payment of its other legal liabilities.
Also, the following amendment, which was also agreed to:
And be it f urther resolved, That the Director of the Central
27
290
JOTTBKAIi 07 TSJJE
Bank take the necessary steps, for ascertaining the amount of
liabilities of said Bank of Darien, and report the same, together
■with the condition of its assets, to the next General Assembly,
The resolution, as amended, was agreed to.
On motion of Mr. Stell,
The Senate took up the resolution bringing on the election
of a Senator to the United States Senate, for six years from
and after the 4th day of March, 1S47, and the amendment of
Mr. Stell thereto.
Mr. Miller offered the following as an amendment to Mr.
Stell's amendment:
Unless the House of Representatives concur in bringing on
said election on Tuesday next, the 23d instant, at 11 o'clock A.
M., in which case the Senate will unite with the House, and
proceed to such election.
Mr. Stell moved to lay the amendment on the table for the
balance of the session.
Upon which motion,
The yeas and nays were required to be recorded, and
are—yeas 23, nays 22.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Chastain, Colley, Cone, Field, Hill, Hol-
derness, Jackson, Jones, Kellogg, John M. King, Lee, Lewis,
Martin, McGreggor, Murphey, Smith, Stell, Whitfield, Wilcox,
Wofford,
Those voting negatively are Messrs. Allen, Wm. Q. Ander¬
son, Boynton, Brown, Calhoun, Crawford, Curry, Gignilliatt,
Hardeman, Harris, Hines, Kenan, Wesley King, Long, McGa-
hagan, Miller, Mitchell, Moody, Nickelson, Reynolds, Ridley,.
Smead.
So the motion was carried.
The question being on Mr. Stell's amendment,
Mr. Ridley moved the previous question.
Mr. Chastain raised the question of order, whether the previ¬
ous question could be called, after the Senate refused to sustain
the call and order the main question put on yesterday.
The President decided the call for the previous question to
be out of order.
From which decision Mr. Miller appealed to the Senate.
And on the question, "is it the pleasure of the Senate that
ffie decision of the President shall stand as the judgment of the
Tll®yeas and nays were required to be recorded, and are-
yeas ^3, nays 22.
Those voting affirmatively are Messrs. Thomas F. Andei-
SENATE.
291
son, Beall, Broaddus, Chastain, Colley, Cone, Field, Hill, Hol-
derness, Jackson, Jones, Kellogg, John M. King, Lee, Lewis,
Martin, McGreggor, Murphey, Smith, Stell, Whitfield, Wilcox,
Wofford.
Those voting negatively are Messrs. Allen, William Q.
Anderson, Boynton, Brown, Calhoim, Crawford, Curry, Gignil-
liatt, Hardeman, Harris, Hines, Kenan, Wesley King, Long,
McGahagan, Miller, Mitchell, Moody, Nickelson, Reynolds, Rid¬
ley, Smead.
So the Senate sustained the decision of the Chair.
Mr. Ridley moved to strike out the preamble to Mr, Stell's
amendment.
On which motion, the yeas and nays were required to he re¬
corded, and are—yeas 22, nays 23.
Those voting affirmatively are Messrs. Allen, W, Q,. Ander¬
son, Boynton, Brown, Calhoun, Crawford, Curry, Gignilliatt,
Hardeman, Harris, Hines, Kenan, Wesley King, Long, McGa¬
hagan, Miller, Mitchell, Moody, Nickelson, Reynolds, Ridley,
Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Chastain, Colley, Cone, Field, Hill, Holder-
ness, Jackson, Jones, Kellogg, John M. King, Lee, Lewis, Mar¬
tin, McGreggor, Murphey, Smith, Stell, Whitfield, Wilcox,
Wofford.
So the Senate refused to strike out.
Mr. Miller offered the following amendment to the resolu¬
tion :
" Notwithstanding our opponents have nominated another
gentleman to succeed the Hon. John M. Berrien in said office
as Senator."
Mr. Stell moved to lay the amendment on the table for the
balance of the session—which was carried.
The question then recurred on Mr. Stell's motion to strike
rat of the original resolution all after the word " Resolved," and
nsert in lieu thereof the amendment offered by himself.
Mr. Crawford called for a division of the question.
The question being first taken on striking out,
The yeas and nays were required to be recorded, and are—
reas 23, nays 22.
Those voting affirmatively are Messrs. Thomas F. An¬
derson, Beall, Broaddus, Chastain, Colley, Cone, Field, Hill,
[olderness, Jackson, Jones, Kellogg, John' M. King, Lee,
292
JOURNAL OF THE
Lewis, Martin, McGreggor, Mtirphey, Smith, Stell, Whitfield,
Wilcox, Wofford.
Those voting negatively are Messrs. Allen, Win. Q,. Ander¬
son, Boynton, Brown, Calhoun, Crawford, Curry, Gignilliatt,
Hardeman, Harris, Hines, Kenan, Wesley King, Long, McGa-
hagan, Miller, Mitchell, Moody, Nickelson, Reynolds, Ridley,
Smead.
So the Senate agreed to strike out.
Mr. Ridley moved to lay the amendment of Mr. Stell on the
table for the balance of the session.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 22, nays 23.
Those voting affirmatively are Messrs. Allen, Wil¬
liam Q,. Anderson, Boynton, Brown, Calhoun, Crawford,
Curry, Gignilliatt, Hardeman, Harris, Hines, Kenan, Wes¬
ley King, Long, McGahagan, Miller, Mitchell, Moody,
Nickelson, Reynolds, Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Chastain, Colley, Cone, Field, Hill,
Holderness, Jackson, Jones, Kellogg, John M. King, Lee,
Lewis, Martin, McGreggor, Murphey, Smith, Stell, Whit¬
field, Wilcox, Wofford.
So the Senate refused to lay on the table for the balance of
the session.
Mr. Miller called for the previous question—which was sec¬
onded.
Mr. Stell raised the question of order.
The President decided the call for the previous question to
be in order.
Mr. Murphey appealed from the decision of the Chair, on the
ground that the whole of the original resolutions having been
struck out after the enacting clause, there was no main ques¬
tion to be put; and on the further ground, that Mr. Steli's mo¬
tion to strike out and insert being divided, and one branch of it
having been decided, any other motion would be out of order,
until the question had been put on inserting.
And on the question, "is it the pleasure of the Senate that
the decision of the Chair shall stand as the judgment of the
Senate"
The yeas and nays were required to be recorded, and are<—
yeas 22, nays 23.
a ^ose noting affirmatively are Messrs. rAlIen, Wm. Q-
Anderson, Boynton, Brown, Calhoun, Crawford, Curry,
SENATE.
293
Cngnilliatt, Hardeman, Harris, Hines, Kenan, Wesley King-,
Long, McGahagan, Miller, Mitchell, Moody, Nickelson, Rey¬
nolds, Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Chastain, Colley, Cone, Field, Hill,
Holderness, Jackson, Jones, Kellogg, John M. King, Lee,
Lewis, Martin, McGreggor, Murphey, Smith, Stell, Whit¬
field, Wilcox, WofFord.
So the decision of the Chair was overruled, and the question
of order sustained.
Mr.- Ridley offered the following as an amendment to Mr.
Stell's amendment:
And be it f urther resolved, That we and our constituents ap¬
prove the course of the Hon. John M. Berrien, in the Senate of
the United States, and cherish an honest pride in his enlighten¬
ed patriotism and distinguished ability.
Mr. Chastain moved the indefinite postponement of the
amendment. #
On which motion the yeas and nays were required to he re¬
corded, and are—yeas 24, nays 22.
Those voting affirmatively are Messrs. Thomas F. An¬
derson, Beall, Broaddus, Chastain, Colley, Cone, Field,
Hackett, Hill, Holderness, Jackson, Jones, Kellogg, John
M. King, Lee, Le»vis, Martin, McGreggor, Murphey, Smith.
Stell, Whitfield, Wilcox, WofFord.
Those voting negatively are Messrs. Allen, Wm. Q.An¬
derson, Boynton, Brown, Calhoun, Crawford, Curry, Gig-
nilliatt, Hardeman, Harris, Hines, Kenan, Wesley King,
Long, McGahagan, Miller, Mitchell, Moody, Nickelson,
Reynolds, Ridley, Smead.
So the motion was carried.
The question then recurred on inserting Mr. Stell's amend¬
ment.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 23, nays 22.
Those voting affirmatively are Messrs. Thos. F. Ander¬
son, Beall, Broaddus, Chastain, Colley, Cone, Field, Hill,
Holderness, Jackson, Jones, Kellogg, John M. King, Lee,
Lewis, Martin, McGreggor, Murphey, Smith, Stell, Whit¬
field, Wilcox, WofFord.
294
JOURNAL OF THE
Those voting negatively are Messrs. Allen, Win. Q. An¬
derson, Boynton, Brown, Calhoun, Crawford, Curry, Gignil-
liatt, Hardeman, Harris, Hines, Kenan, Wesley King,
Long, McGahagan, Miller, Mitchell, Moody, Nickelson, Rey¬
nolds, Ridley, Smead.
So the amendment was agreed to.
The question then being on agreeing to the resolution, as
amended,
The yeas and nays were required to be recorded, and are-
yeas 23, nays 22.
Those voting affirmatively are Messrs. Thos. F. Anderson,
Beall, Broaddus, Chastain, Colly, Cone, Field, Hill, Holder-
ness, Jackson, Jones, Kellogg, John M. King, Lee, Lewis,
Martin, McGreggor, Murphey, Smith, Stell, Whitfield, Wil¬
cox, Wofford.
Those voting negatively are Messrs. Allen, Wm. Q. An¬
derson, Boynton, Brown, Calhoun, Crawford, Curry, Gig-
nilliatt, Hardeman, Harris, Hines, Kenan, Wesley King,
Long, McGahagan, • Miller, Mitchell, Moody, Nickelson,
Reynolds* Ridley, Smead.
So the resolution* as amended, was agreed to, #
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have passed
the following bills, to wit:
A bill to. authorize the Justices of the Inferior Court of
Cherokee county to levy an extra tax, for certain purposes
therein named.
A bill to pardon Matilda Cogswell.
A bill-to amend the fifth section of an act to provide for the
education of the poor, assented to 27th December, 1843, and
for other purposes, so far as relates to Franklin county.
A bill for the relief of William Robinson, junior, of the coun¬
ty of Forsyth.
A bill to change and point out the mode of inheritance, in
certain cases therein mentioned.
A bill to add a certain portion of land, formerly known as
the Lanier land, now belonging to Malachi Denmark, lying in
the county of Bryan, to the county of Bulloch, and to alter the
county line between said counties so as to include the residence
of Simeon Burks, now of the county of Bryan, in the county
of Bulloch.
A bill to amend an act entitled an act to amend an act to
■senate.
291
alter and fix the time of holding -the Superior Courts in the
Eastern District of this State, assented to 26th December, 1837,
assented to 23d December, 1840.
A bill to alter and amend an act entitled an act to incorpo¬
rate Mount Carmel Academy, in Crawford county, and to ap¬
point trustees for the same, passed in the year eighteen hundred
and thirty-two.
A bill' to amend the police of the Penitentiary, to authorize
an increase of the wages of. several of the officers herein
named, to allow the Governor, if necessary, in his judgment,
to draw from the Treasury the remainder of the appropriation
of 1843, and to apply the same to the use of the Penitentiary,
and to compensate John Hadder out of 'the money now in the
Treasury for the use of the Penitentiary.
A bill to authorize and require the Clerk and Treasurer of
the Poor School Fund of Dooly county to pay Joseph T. Webb
for teaching poor children, out of said fund, and to authorize
the Commissioners of the Poor School Fund of the county of
Lowndes to pay Thomas W. Baker, of said county, for teach¬
ing poor children of said county.
A bill to provide for the 'removal of the county site and pub¬
lic buildings of Scriven county, to fix a new county site, to
build a new court house, and for other purposes.
Mr, Steil gave notice that he would move an amendment to
the tenth Rule of the Senate, by adding the words by a majori¬
ty, after the words " called and seconded?'
On motion, the Senate adjourned until 3 o'clock, P. M.
Three O'Olock, P. ,M.
'The Senate met pursuant to adjournment.
The President laid before the "Senate a communication from
the Cashier of the Central Bank, responsive to resolution of
Senate calling on him for certain information.
Mr. Jackson presented a memorial from sundry citizens of
Savannah, in opposition to the passage of the hill of the House
of Representatives repealing an act assented to in 4843, ma¬
king certain offices in the gift of the City Council of Savan¬
nah, to be held thereafter for the term of two years, instead of
one. ,
The Senate took up, as the report of the Committee of the
Whole, v
The bill of the House of Representatives to relieve Syiva-
29B
JOURNAL OF THE
nus W. Burney and Allen Cochran from the payment of a por¬
tion of a note held by the Central Bank against them, and for
©ther purposes therein named.
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 23, nays 20.
Those voting affirmatively are Messrs. B'roaddus, Brown,
Calhoun, Colley, G-ignilliatt, Hackett, Hill, Holderness, Jones,.
Kellogg, Lee, Martin, McGreggor, Miller, Murphey, Reynolds,.
Ridley, Smead, Smith, Stell, Whitfield, Wilcox, Wofford.
Those' voting negatively are Messrs. Allen, Thomas F. An¬
derson, William Q,. Anderson, Beall, Boynton, Chastain, Cone,
Crawford, Curry, Hardeman, Harris, Hines, Jackson, Kenan,
Wesley King, Long, McGahagan, Mitchell, Moody, Niek-
elsom
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 alter the nine¬
teenth section of the first article of the Constitution.
Mr. Miller offered the following, amendment, which was-
agreed to:
The said eighteenth and nineteenth sections of the first arti-
ticle of the Constitution shall be as follows:
Sec. 18. Each Senator and Representative, before he shall
be permitted to take his seat, shall take an oath, or make af¬
firmation, that he hath not practised any unlawful means, ei¬
ther directly or indirectly, to procure his election; and every
person shall be disqualified from serving as a Senator or Rep¬
resentative for the term for which he shall have- been elected,
who shall be convicted of having given or offered any bribe,,
©r used other unlawful means to procure his election; and every
candidate employing like means, and not elected, shall, on con¬
viction, be ineligible to hold a seat in either House; or to hold
any office of honor qr profit for the term of one yeaT, besides
being subject to such other penalties or disabilities as may be
prescribed by law.
Sec. 19: The following shall be the oath taken by each Sen¬
ator and Representative, to wit: I do solemnly swear (or af¬
firm, as the case may be) that I have not obtained my election
by bribery or other unlawful means, used by myself or others,
by my desire or approbation, for that purpose, that I consider
myself constitutionally qualified1 as a Senator, (or Representa¬
tive, as the case may be) and that on all questions and meas¬
ures which- may come before me I will give my vote and. so>
SENATE.
29 T-
conduct myself as may, in my judgment, appear most conclu¬
sive to the interest and prosperity of this State; and that I will
bear true faith and allegiance to the same, and to the utmost of
my power and ability, observe, conform to, support and defend
the Constitution thereof, and also the Constitution of the United
States.
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 recorded, and are—yeas 31,
nays 8.
Those voting affirmatively are Messrs. Allen, Beall,
^Broaddus, Brown, Calhoun, JChastain, Colley, Crawford,
Curry, Gignilliatt, Hackett, Hardeman, Harris, Hill, Hol-
derness, Jackson, Jones, Kellogg, Kenan, John M. King,
Wesley King, Lewis, McGahagan, Miller, Murphey, Nick-
elson, Ridley, Smead, Smith, Whitfield, Wilcox.
Those voting negatively are Messrs. Thomas F. Ander¬
son, William Q. Anderson, Boynton, Cone, Lee, Mitchell,
Moody, Stell.
So there being a constitutional majority of two-thirds, the
bill was 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 D. Hudson, and to make valid and binding a marriage
between himself and Martha A. E. Green.
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
Asa Thompson, administrator of James Thompson, late of
Houston county, from all liability incurred by the said James,
■in his life time, as security of Columbus Thompson, a minor.
The report was agreed to—the bill was read the third time?
and passed.
The Senate took up, as a report of the Committee of the
Whole,
The bill of the House of Representatives to repeal an act
to compensate the Grand and Petit Jurors of the counties of
Carroll and Dooly, and Petit Jurors for the county of Jackson,
assented to December 23d, 1839, so far as relates to thd county
of Carroll.
The report was agreed to—the bill was read the third time,
and passed.
38*
298
JOURNAL OF THE
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 in 1841, to give to all persons employed on steamboats,
and other water crafts, on the Chattahoochee, Altamaha and
Oemulgee 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, so far as to extend the provisions of the same, and to in¬
clude Flint river therein.
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 correction
of errors in plats and grants.
• Mr. Stell offered the following amendment, as an additional
section:
And be it further enacted by the authority aforesaid, That
in all cases where the name of the Governor has not been
signed to the records of the Secretary of State's Office, in th#
transcription thereof, and the like omission in the registry of
some of the lottery grants of more recent date, it is, and shall
be lawful for his Excellency the Governor to cause to be issued
copy grants to, and in the name of the several fortunate draw¬
ers, when it shall satisfactorily appear, from the proper entries
in the other offices, that the original grants have been previ¬
ously issued.
Mr. Cone moved to amend the amendment by exempting
the Eastern District from the operation of the law.
And on the motion to agree thereto,
The yeas and nays were required to be recorded, and are—
yeas 10, nays 28.
Those voting affirmatively are Messrs, Cone, Hackett,
Jones, John M. King, McGahagan, Murphey, Smead, Smith,
Whitfield, Wilcox.
Those voting negatively are Messrs. Allen, Thomas F >
Anderson, Wm. Q,. Anderson, Beall, Boynton, Broaddus,
Brown, Calhoun, Chastain, Colley, Crawford, Curry, Gig-
nilliatt, Hardeman, Harris, Hill, Jackson, Kellogg, Kenan,
Wesley King, Lee, Long, Miller, Mitchell, Nickelson, Rey¬
nolds, Ridley, Stell.
So the amendment to the amendment was lost.
And the amendment was then agreed to.
The report, as amended, was agreed to—the bill was read
SENATE.
299
the third time, and 011 the question, " shall this bill now pass,"
The yeas and nays were required to be recorded, and are—
yeas 30, nays 11.
Those voting affirmatively are Messrs. Allen, Thomas F.
Anderson, Brown, Calhoun, Chastain, Colley, Crawford,
Curry, Gignilliatt, Hackett, Hardeman, Harris, Jackson,
Jones, Kellogg, Kenan, Wesley King, Lee, Lewis, Long,
Miller, Mitchell, Moody, Nickelson, Reynolds, Ridley, Smead,
Smith,* Stell, Whitfield.
Those voting negatively are Messrs. Wm. Q,. Anderson,
Beall, Boynton, Broaddus, Cone, Hill, John M. King, Mar-?
tin, McGahagan, McGreggor, Wilcox.
So the bill was passed.
The Senate took up, as the report of the Committee of the
Whole,
The bill from the House of Representatives to confer the
right of citizenship in Liberty county, upon certain residents of
Mcintosh county.
And on motion, 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 authorize and
require the justices of the inferior court of Appling county, and
their successors, or a majority thereof, to judge of and allow to
the tax collectors of said county their insolvent lists.
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
Rabun Turnpike Company, and to grant certain privileges to
the same.
Mr. Ridley offered the following amendment:
And in the event that the stock, or any portion thereof, be
transferred, that the private property of the individual or indi¬
viduals transferring such stock, shall be liable for al 1 contracts
made previous to the date of said transfer.
And on agreeing to the amendment,
The yeas and nays were required to be recorded, and are—
yeas 21, nays 17.
Those voting affirmatively are Messrs. Thos. F. Ander¬
son, Beall, Boynton, Broaddus, Brown, Colley, Cone, Curry,
Gignilliatt, Hackett, Hill, Jones, John M. King, Lee, Lew¬
is, Martin, Smead, Smith, Stell, Wilcox, Wofford.
300
JOUKNAL OF THE
Those voting negatively are Messrs. Allen, Wm. Q- An¬
derson, Calhoun, Chastain, Hardeman, Hines, Jackson,
Kellogg, Kenan, Wesley King, Long, McGahagan. Miller,
Mitchell, Nickelson, Reynolds, Ridley.
So 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 a report of the Committee of the
Whole,
The bill of the House of Representatives for the relief of
Johti C. Hunter.
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
William H. Wade.
Mr. Hardeman moved to lay the report on the table for the
balance of session.
On which motion the yeas and nays, were required to be re¬
corded, and are—yeas 20, nays 22.
Those voting affirmatively are Messrs. Allen, Thos. F.
Anderson, Beall, Brown, Chastain, Cone, Field, Gignilliatt,
Hardeman, Harris, Hines, Kenan, Lee, Long, McGahagan,
Mitchell, Moody, Nickelson, Smith, Wofford.
Those voting negatively are Messrs. Wm. Q,. Anderson,
Boynton, Broaddus, Calhoun, Colley, Crawford, Curry,
Hill, Jackson, Jones, Kellogg, Wesley King, Lewis, Mar¬
tin, McGreggor, Miller, Murphey, Reynolds, Ridley, Smead,
Stell, Wilcox.
So the motion to lay on the table for the balance of the ses¬
sion 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 23, nays 18.
Those voting affirmatively are Messrs. Wm. Q. Ander¬
son, Boynton, Broaddus, Calhoun, Colley, Crawford, Curry,
Hill, Jackson, Jones, Kellogg, JohnM. King, Wesley King,
Lewis, Martin, McGreggor, Miller, Murphey, Reynolds, Rid¬
ley, Smead, Stell, Wilcox.
Those voting negatively are Messrs. Allen, Thos. F. An¬
derson, Beall, Brown, Chastain, Cone, Field, Gignilliatt,
SENATE.
Haifdeman, Harris, Hines, Kenan, Long, McGahagan,
Mitchell, Moody, Niekelson, Smith.
So the bill was passed.
The President presented the communication of the Book
Keeper of the Penitentiary, responsive to a resolution calling
on him for certain information—which was read, and
On motion of Mr. Wofford,
Two hundred copies of the majority, and one hundred and
fifty copies of the minority reports of the joint standing Com¬
mittee on the Penitentiary, were ordered to be printed for the
use of the Senate.
The communication of the Principal Clerk of the Peniten¬
tiary was referred to the joint standing Committee on the Peni¬
tentiary.
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 incorporate the town of Thomaston,
and to make permanent the seat of justice in the county of
Upson, passed on the eleventh day of June, 1825, a'lid further
to define the duties and powers of the commissioners of said,
town.
The report was agreed to—the bill was read the third time,
and passed.
Mr. Chastain moved that when the Senate adjourns, that it
adjourn to meet again this evening at 7 o'clock.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 19, nays 26.
Those voting affirmatively are Messrs. Allen, Thos. F.
Anderson, Wm. Q,. Anderson, Boynton, Chastain, Craw¬
ford, Curry, Harris, Hill, Kellogg, Kenan, Long, McGaha¬
gan, McGreggor, Miller, Niekelson, Reynolds, Ridley,
Wofford.
Those voting negatively are Messrs. Beall, Broaddus,
Brown, Calhoun, Colley, Cone, Field, Gignilliatt, Hackett,
Hardeman, Hines, Jackson, Jones, John M King, Wesley
King, Lee, Lewis, Martin, Mitchell, Moody, Murphey,
Smead, Smith, Stell, Whitfield, Wilcox.
So the motion was lost.
Mr. Miller moved that when the Senate adjourns, that it ad¬
journ to meet again this evening at a quarter before seven
o'clock.
And the Senate adjourned accordingly.
302
journal of the
Quarter before Seven O'clock, P. M.
The Senate met pursuant to adjournment.
The following bills of the House of Representatives were
taken up, read the second time, and referred to a Committe'e
of the Whole:
A bill to appropriate money for the support of government
for the years 1846, and XS47.
And on motion of Mr. Miller, was made the special order of
the day for to-morrow.
A bill to alter and amend (so far as relates to the county of
Troup) the third section of an act entitled an act to alter and
amend the road laws of this State, approved 19th December,
1818.
A bill to relieve Alexander Means, of the county of Newton,
from the payment of a portion of tax improperly assessed
against him in said county, for the year 1845.
A bill to change the name of Cassandria Fitzpatrick to that
of Cassandria^ Hill, and legitimatize the same, and for other
purposes therein contained.
A bill to prevent and remove obstructions in the Flint river
calculated to impede the free passage of fish, to appoint Com¬
missioners, and to punish those who may attempt to defeat the
same.
A bill to authorize the Justices of the Inferior Court of the
county of Murray, to assess and levy an extra tax of twenty-
five per cent., for the purpose of building a Jail.
A bill to repeal an act passed on the 25th Dec. 1837, con¬
solidating the offices of receiver of returns and tax collec¬
tor in the counties of Lumpkin, Gilmer, Tattnall, Union,
Pulaski, Telfair, Walker, Cherokee, Early, Rabun, Floyd and
Paulding, so far as relates to the counties of Cherokee and
Tattnall.
A bill to grant further time to the city of Columbus to pay a
debt due by said city to the State of Georgia.
A bill to amend the several acts of this State in relation to
auctions and auctioneers, and for other purposes.
A bill to alter and amend an act to provide for the indigent
deaf and dumb of this State, also to provide for the appointment
of a commissioner, to regulate his duties, affix his salary, and
appropriate monies therefor, by changing the place of education,
and for other purposes.
A bill to alter and amend an act entitled an act to incorpo¬
rate the village of Jefferson, in the county of Jackson, assented
to 24th Deer., 1833, so far as relates to the appointing of five
commissioners for the same, and extending the corporate limits
thereof.
A bill to authorize William Roscoe Gorman, of the county of
SENATE.
303
Talbot, to plead and practice law in the several courts of law
and equity in this State, on certain conditions therein expres¬
sed.
A bill to amend the corporation laws of the village of Ruck-
ersville, in the county of Elbert, passed in the year 1S22.
A bill to add the residence and premises of John McOurdy,
sen., n6w of the county of Walton, to the county of Gwinnett,
and the plantation of John Freeman, of the county of Franklin,
to the county of Madison.
A bill to repeal the second section of an act to change the
times of holding the Inferior Courts in the county of Sumter,
and the Superior and Inferior Courts of the county of Stewart, •
and to regulate the manner of adjourning the Inferior Courts
of Stewart county, assented to the 7th day of December, 1841,
and to change and fix the time of holding the inferior courts in
said county of Stewart.
A bill to authorize and require the Justices of the inferior
court of the county of Marion, or a majority of them, to draw
a Grand and Petit Jury in said county.
A bill to repeal an act to alter and amend the several acts for
the government of the city of Macon, assented to the 18th day
of December, 1841, so far as to vest the appointment of Marshal
for said city in the Mayor and Council, instead of his being
elected by the people, assented to on the 26th day of Decem¬
ber, 1842, and to provide for the election of a marshal and dep¬
uty marshal in and for said city.
A bill to audit the claims of certain attorneys at law, retain¬
ed and employed by the State of Georgia, in the prosecution
of writs of quo warranto against certain defaulting Banks, and
to provide for the payment of the same.
A. bill to appropriate money in cases of overpayments at the
treasury.
A bill to render legal and valid the adoption of Rose Anna
McHugh, by Robert Raiford, and to confer upon her the privi¬
leges and rights of his legitimate, child.
A bill to amend an act to amend the estray laws of this
State, so far as relates to the time of advertising and tolling
horned cattle, sheep, goats or hogs, before they are sold, assent¬
ed to December 20th, 1823.
A bill to authorize his Excellency the Governor to cause a
grant to be issued to James Bush, of the county of Early, for
lot No. 100, in the 6th district of said comity.
The following bills of the House of Representatives were
taken up and read the first time :
A bill to authorize and require the Clerk and Treasurer of
the Poor School Fund of Dooly county to pay Jos. T. Webb,
for teaching poor children, out of said Poor School Fund, and to
authorize the Commissioners of the Poor School Fund of the
county of Lowndes to pay Thomas W. Baker, of said county,
for teaching poor children in said county of Lowndes.
304
JOURNAL OP THE
A bill to relieve Green T. Partin, of the county of Pike, and
♦State of Georgia, from the disabilities of a matrimonial con¬
nection now existing between him, the said Green T. Partin,
and Mary Partin, his wife, of the State of North Carolina.
A bill to provide for the removal of the county site and pub¬
lic buildings of Scriven county, to fix a new county site, to
build a new court house, and for other purposes.
A bill to amend the Police of the Penitentiary, to authorize
an increase of the wages of several of the officers herein nam¬
ed, to allow the Governor, if necessary, in his judgment, to draw
from the treasury the remainder of the appropriation of 1843,
and to apply the same to the use of the Penitentiary, and to
compensate John Hadder out of the money now in the treasury
for the use of the Penitentiary.
A bill to alter and amend an act to incorporate Mount Car-
mel Academy, in Crawford county, and to appoint Trustees for
the same, passed in the year 1832.
A bill to amend an act entitled an act to amend an act to al¬
ter and fix the time of holding the Superior Courts in the Eas¬
tern District of this State, assented to 26th December, 1837,
assented to 23d December, 1840.
A bill to add a certain portion of land formerly known as
the Lanier land, now belonging to Malichi Denmark, lying in
the county of Bryan, to the county of Bulloch, and to alter the
county line between said counties, so as to include the resi¬
dence of Simeon Burks, now of the county of Bryan, to the
county of Bulloch.
A bill to change and point out the mode of inheritance in cer¬
tain cases therein mentioned.
A bill for the relief of William Robinson, Jun., of the county
of Forsyth.
A bill to amend the fifth section of an act to provide for the
education of the poor, assented to the 27th Dec., 1843, and for
other purposes, so far as relates to. Franklin county.
A bill to pardon Matilda Cogswell.'
A bill to authorize the Justices of the Inferior Court of Cher¬
okee county to levy an extra tax, for certain purposes therein
named.
A bill to levy and collect a tax for each of the political years
1846 and 1847.
On motion, the Senate adjourned until half past 9 o'clock,
to-morrow morning.
senate.
305
SATURDAY^ December 20, 1845.
The Senate met pursuant to adjournment.
Mr. Jackson moved to reconsider so much of the journal of
yesterday as relates to making the appropriation bill the special
order for to -day—which was carried.
Mr. Lee offered the following resolution :
Resolved, That the President appoint a committee of three
members to bring up the unfinished business of the session, and
that they receive three days' pay for the same.
Mr. Boynton, from the select committee to whom was refer¬
red a petition from three hundred citizens, praying the forma¬
tion of a new county from the counties of Lee and Randolph,
have had the same under consideration, and beg leave to Re¬
port :
That your committee are induced to believe the prayer of
your petitioners, but for constitutional restrictions, in justice
ought to be granted; but believe no new county can be crea¬
ted without a violation of the Constitution.
This, your committee deems a sufficient reason to ask to be
discharged from the further consideration of the subject.
Which was agreed to.
Mr. Stell, according to notice given the Senate on yesterday,
moved to amend the tenth rule of the Senate, by inserting after
the word "seconded," the words " by a majority."
On which motion the yeas and nays were required to be re«
corded, and are—yeas 28, nays 18.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Brown, Chastain, Colley, Field, Gignilliatt, Hack-
ett, Hardeman, Hill, Holderness, Jackson, Kellogg, John M.
King, Lewis, Long, Martin, McGahagan, McGreggor, Miller,
Mitchell, Murphey, Smead, Smith, Stell, Whitfield, Wilcox,
Wofford.
Those voting negatively are Messrs. Allen, Wm. Q. Ander¬
son, Boynton, Broaddus, Calhoun, Cone, Crawford, Curry, Har¬
ris, Hines, Jones, Kenan, Wesley King, Lee, Moody, Nickelson,
Reynolds, Ridley.
So the amendment was agreed to.
The Senate took up, as the report of the Committee of the
Whole, the bill of the House of Representatives
To change the dividing line between the counties of
Monroe and Crawford, so as to include the whoje of the present
residence of Littleberry Lucas in the county of Crawford; al¬
so, to add lot of land number eight, in the thirty-first district of
originally Lee, now Stewart county, whereon John Shaw now
306
JOURNAL OF THE
resides, to the county of Marion; and also to add lot of land
whereon George D. Royston now lives, in the second district ot
the county of Baker, to the county of Lee.
Mr. Wilcox offered the following amendment, which was
agreed to:
And be it further enacted, That the land of and now belong¬
ing to Ephraim Yaunt, of the county of Montgomery, and Pe¬
ter H. Coffee, John B. Coffee and R. McSawan, of Pulaski coun¬
ty, be and they are here by added to the county of Telfair, and
are hereby declared to be citizens of Telfair, any law or usage
to the contrary notwithstanding.
•
Mr. Boynton moved to strike out the second section of the
bill.
On which motion, the yeas and nays were required to be re¬
corded, and are—yeas 19, nays 23.
Those voting affirmatively are Messrs. Allen, Wm. Q. An¬
derson, Boynton, Calhoun, Colley, Curry, Hardeman, Harris,
Hines, Holderness, Jackson, Wesley King, McGreggor, Miller,
Mitchell, Nickelson, Reynolds, Ridley, Whitfield.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Brown, Chastain, Cone, Crawford, Field, Gig-
nilliatt, Hackett, Hill, Jones, Kellogg, John M. King, Lee, Long,
Martin, McGahagan, Murphey, Smead, Smith, Stell, Wilcox.
So the motion was lost.
Mr. Boynton moved the indefinite postponement of the bill.
On which motion,
The yeas and nays were required to be recorded, and are-
yeas 31, nays 12.
Those voting affirmatively are Messrs. Allen, Thomas F.
Anderson, Wm. Q,. Anderson, Beall, Boynton, Broaddus, Cal¬
houn, Colley, Curry, Gignilliatt, Hardeman, Harris, Hines, Hol¬
derness, Jackson, Jones, Kellogg, John M. King, Wesley King,
Lewis, Martin, McGahagan, McGreggor, Miller, Mitchell, Moo¬
dy, Nickelson, Reynolds, Ridley, Smith, Stell.
Those voting negatively are Messrs. Brown, Cone, Crawford
Field, Hackett, Hill, Lee, Long, Murphey, Smead, Whitfield,
Wilcox.
So the bill was indefinitely postponed.
The Senate took up, as the report of a Committee of the
Whole,
The bill of the House of Representatives to alter and change
SENATE.
307
the times of holding the Superior and Inferior Courts of the
county of Muscogee.
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 raise a revenue for the city of Columbus, amendato¬
ry of an act entitled an act to impose a special tax on the persons
and property of the citizens of the city of Columbus residing
and being in the same, annually, hereafter, and to provide for
the collection thereof, and to punish those who may refuse or
attempt to defeat the provisions thereof, assented to 10th De¬
cember, 1841: and also, to make provisions for the poor residing
in said city.
Mr. Miller offered the following amendment, which was
agreed to, to wit:
Provided, No greater tax shall be collected in any one year
from such Agencies, severally, than is paid by the Rank of St.
Mary's, on its capital, to the city of Columbus.
The report, as amended, was agreed to—the bill was read
the third time, and passed.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have refused
to conbur in the amendments of Senate to the bill of the House
" to alter the 19th section of the first article of the Constitu¬
tion."
And ask that the Senate will recede from their amendments
thereto.
Hftie Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives to alter and
amend the 3d section of the 2d article of the Constitution of
this State.
Mr. Miller offered the following amendment, which was
agreed to, to wit:
And the following shall be added to the first article of the
Constitution, and be the twenty-sixth section, to wit:
No county lines shall be altered or changed by the Legisla¬
ture, unless three months prior notice, in the nearest public ga¬
zette, be given of the application, nor unless the Grand Juries
of the respective counties recommend such change; and the
lines shall not be considered as altered, until the same are plain¬
ly marked and defined.
The report, as amended, was agreed to—the bill was read
the third time, and on the question "shall this bill now pass,"
30S
JOURNAL OF THE
The yeas and nays were required to be recorded, and are-
yeas 39, nays 5.
Those voting affirmatively are Messrs. Allen, Thos. F. An¬
derson, William Q, Anderson, Boynton, Broaddus, Calhoun,
Chastain, Colley, Cone, Crawford, Field, Gignilliatt, Hackett,
Hardeman, Harris, Hill, Hines, Holderness, Jackson, Jones,
Kellogg, John M. King, Lee, Long, Martin, McGreggor, Miller,
Mitchell, Moody, Mnrphey, Nickelson, Reynolds, Ridley, Smead,
Smith, Stell, Whitfield, Wilcox, Wofford.
Those voting negatively are Messrs. Brown, Cnrry, Kenan,
Wesley King, McGahagan.
So the bill was passed.
The Senate took up, as the report of the Committee of the
Whole,
The bill from the House of Representatives to repeal
an act entitled an act to compensate the Grand and Petit
Jurors of the Superior and Inferior Courts for the counties
therein named, so far as relates to the county of Randolph,
passed on the twenty-third day of December, 1837, and to
regulate the mode of dividing the jury and confession fees be¬
tween the Jurors of said county of Randolph.
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
justices of the inferior court of Randolph county to levy an
extra tax on the citizens .of said county, for certain 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 Commitfee of the
Whole,
The bill of the House of Representatives to alter and amend
the road laws of this State, approved the 19th of December,
1818, so far as relates to the county of Randolph.
Mr. Miller offered the following amendment, which was
agreed to:
And be it further enacted, That the hands employed as la¬
borers on the line of the Road of the different Rail Road Com¬
panies of this State, and liable to work on the public roads, be
and they are hereby exempted from the performance of such
work. Provided, That said Companies shall pay to the proper
overseers of roads the sum of one dollar per day for each hand
when and while liable to work on the public roads.
Mr. Thomas F. Anderson moved to amend by inserting the
county of Jackson—which was agreed to.
SENATE.
309
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 entitled an act to alter the time for
the election of the Mayor and Aldermen of the city of Savan¬
nah, to reduce the number of Aldermen, to make the Mayor
elective by the people, and to prescribe his duties, and to pro¬
vide for the election of certain officers therein named, assented
to December 25th, 1843, so far as relates to the 2d, 6th and 7th
sections of said act.
Mr. Crawford offered the following amendment:
And he it further enacted by the authority of the same, That
the term of office of the Recorder of said city shall be one
year only.
Mr. Wofford called for the previous question, and upon the
question "will the Senate sustain the call,"
The yeas and nays were required to be recorded, and are—
yeas 24, nays 22.
Those voting affirmatively are Messrs. Thomas F.Ander¬
son, Beall, Broaddus, Chastain, Colley, Cone, Field, Hackett,
Hill, Holderness, Jackson, Jones, Kellogg, J. M. King, Lee,
Lewis, Martin, McGreggor, Murphey, Smith, Stell, Whit-
held, Wilcox, Wofford.
Those voting negatively are Messrs. Allen, William Q.
Anderson, Boynton, Brown, Calhoun, Crawford, Curry,
Gignilliatt, Hardeman, Harris, Hines, Kenan, Wesley King,
Long, McGahagan, Miller, Mitchell, Moody, Nickelson, Rey¬
nolds, Ridley, Smead.
The call being sustained, the main question was then put,
wmbh was to agree to the report of the Committee of the
Whole.
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 24, nays 22.
■ Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Chastain, Colley, Cone, Field, Hackett, Hill,
Holderness, Jackson, Jones, Kellogg, John M. King, Lee, Lew¬
is, Martin, McGreggor, Murphey, Smith, Stell, Whitfield Wil¬
cox, Wofford.
Those voting negatively are Messrs. Allen, Wm. Q,. Ander¬
son Boynton, Brown, Calhoun, Crawford, Curry, Gignilliatt,
Hardeman, Harris, Hines, Kenan, Wesley King, Long, McGa¬
hagan, Miller, Mitchell, Moody, Nickelson, Reynolds, Ridley,
Smead.
310
JOURNAL OF THE
So the bill was passed.
The following message was received from the House of
Representatives by Mr. Word, their Clerk :
Mr. President—The House of Representatives have passed
the following hills, to wit:
A bill to add lot number eighty, in the twenty-fourth district
and third section, to the county of Floyd, and to change the line
between the counties of Floyd and Cass, so as to include the
residence of certain persons therein named within the county
of Floyd.
A bill to restrict the amount of tax fees received by attorneys
at law, for suits on certain notes.
A bill to authorize and require the justices of the inferior
court of the county of Mcintosh to pay the several Petit Jurors
who may hereafter serve as aforesaid.
A bill to make penal and to punish any unlawful interfer¬
ence with, or molestation of the Western and Atlantic Rail
Road.
A bill to authorize the justices of the inferior court of Cobb
county to levy an extra tax on the citizens of said county, for
certain purposes therein named.
A bill to authorize and require the Surveyor General to issue
a grant for fraction number one hundred and sixty-six, in the
fifteenth district of Decatur county, to Daniel Belcher.
A bill to prescribe the manner of holding elections in the
county of Chatham, and the charter elections of the city of Sa¬
vannah.
A bill to extend the Western and Atlantic Rail Road of the
State of Georgia, and to provide means therefor.
A bill to amend the several acts incorporating the town of
Rome, in the county of Floyd, and to define more particularly
the powers of the commissioners of said town.
A bill to alter and amend the several acts heretofore pas$d
for the incorporation and government of the town of Marietta,
in the county of Cobb. ,
They have also concurred in the amendments of Senate to
the following bills of the House of Representatives, to wit:
A bill for the relief of the Bank of Milledgeville.
A bill to change the name of Maria Ellen Allen to that of
Maria Ellen Chapman, and to legitimatize the same.
A bill to authorize the Justices of the Inferior Court of Floyd
county, and their successors in office, to assess an extra tax
on the citizens of said county for the purpose of paying for the
public buildings of said county, and to compensate William A.
Moore, County Surveyor of said county, for aiding in running
a line between the counties of Floyd and Chattooga.
A bill to grant the rights and privileges of citizenship to
George Michael Lavender, a descendant of the Cherokee tribe
SENATE.
311
of Indians, a citizen of the county of Coweta, and to estab¬
lish and legalize the name of the said person, as George Mi¬
chael Lavender, and to remove all legal disabilities heretofore
imposed, and to compel him to do and perform all the duties of
a free white citizen.
A bill for the correction of errors in plats and grants.
A bill to incorporate the Rabun Turnpike Company, and to
grant certain privileges to the same.
On motion of Mr. Miller,
. The order was suspended, and the Senate took up the mes¬
sage of the House of Representatives in relation to its refusal
to concur in the amendment of the Senate to the bill of the
House of Representatives "to alter the nineteenth section of the
first article of the Constitution."
And on his motion, the Sen ate resolved to insist on its amend¬
ment.
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 holding the inferior courts of the county of ^Telfair, in the
Southern Circuit.
And on motion of Mr. Wilcox, the report was postponed in¬
definitely.
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 support of government for the political years
eighteen hundred and forty-six, and eighteen hundred and
forty-seven.
On motion, the report was taken up by sections.
The 1st, 2d, 3d and 4th sections were read and agreed to.
The fifth section being read,
M* Smead moved to strike out $3,000 as the appropriation
for pauper lunatics, and insert $5,000—which was lost.
The 5th and 6th sections were then agreed to.
Mr. Miller moved to amend the seventh section,appropriating
money for Wm. A. Hotchkiss,by adding, and the further sum of
twenty-eight hundred and twenty-five dollars to pay for five
hundred copies in addition to the number subscribed for as
aforesaid—which was lost
The 7th section was then agreed to.
The 8th section being read,
Mr. Kenan moved to strike out fifty cents, so as to leave the
mileage of the President of the Senate and Speaker of the
House at $4—which was carried.
Mr. Smead moved to strike out four dollars as the per diem
pay of members.
On which motion the yeas and nays were required to be re-1
corded, and are—yeas 21, nays 24.
312
JOURNAL OP THE
Those voting affirmatively are Messrs. Beall, Broaddus, Cal¬
houn Chastain, Colley, Curry, Gignilliatt, Hackett, Jones, Ken¬
an, John M. King, Lee, Lewis, McGahagan, McGreggor, Mitch¬
ell,' Reynolds, Ridley, Smead, Smith, Wilcox.
Those voting negatively are Messrs. Allen, Thos. F. Ander¬
son, Wm. Q,. Anderson, Boynton, Brown, Cone, Crawford,
Hardeman, Harris, Hill, Hines, Holderness, Jackson, Kellogg,
Wesley King, Long, Martin, Miller, Moody, Murphey, Nickel-
son, Stell, Whitfield, Wofford.
So the motion to strike out was lost.
Mr. Ridley moved to amend by adding to the section the
following words:
"Unless absent from sickness"—which was agreed to.
The 8th section, as amended, was then agreed to.
The 9th, 10th, 11th and 12th sections were then read and
agreed to.
Mr. Cone offered the following as an additional section, which
was agreed to:
And be it further enacted by the authority of the same, That
the further sum of seven dollars eighty-seven and a half cents
to James Young, of Bulloch county, for that sum paid by him
on a certain stallion horse, in the year 1844, which was not
given in in his return; and the further sum of twelve dollars
to Abram Strickland, the regular census taker for the county of
Tattnall, for the year 1845,■ for forty-eight heads of families
which refused to give in their names and families when called
on by said Strickland; and that the two above amounts be paid
to Peter Cone, the Senator from the seventh Senatorial Dis¬
trict.
The 13th section being under consideration,
Mr. Stell offered the following amendment, which'was
agreed to :
And a like compensation to one Clerk, each, in the offices of
Comptroller General and .Treasurer.
The 13th section, as amended, was then agreed to.
The 14th section being read,
Mr. Hackett offered the following amendment:
And the sum of three hundred dollars for Henry G. Cole,
for recovering thirty-eight hundred dollars in State Scrip, which
had been stolen from the Office of the Chief Engineer of the
Western and Atlantic Rail Road, and the detection of the
thief.
Mr. Murphey moved to strike out "and the detection of the
thief"—which was carried.
Mr. Kenan moved to insert, in lieu thereof, " and the arrest
of the accused"—which was agreed to.
SENATE.
313
Mr. Whitfield moved to strike out three hundred, and insert
one hundred and fifty.
Mr. Lee moved to lay the amendment on the table for the
balance of the session.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 21, nays 25.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Chastain, Colley, Curry, Field, Hill, Jack¬
son, Wesley King, Lee, Lewis, Martin, McGreggor, Murphey,
Smith, Stell, Whitfield, Wilcox, WofFord.
Those voting negatively are Messrs. Allen, William Q. An¬
derson, Boynton, Brown, Calhoun, Cone, Crawford, Gignilliatt,
Hackett, Hardeman, Harris, Hines, Holderness, Kellogg, Ken¬
an, John M. King, Long, McGahagan, Miller, Mitchell, Moody,
Nickelson, Reynolds, Ridley, Smead.
So the motion to lay on the table was lost.
The question recurring on striking out,
The yeas and nays were required to be recorded, and are—
yeas 24, nays 19.
Those voting affirmatively are Messrs. Allen, Thomas F.
Anderson, Beall, Broaddus, Chastain, Colley, Cone, Curry,
Field, Hill, Holderness, Kellogg, Wesley King, Lee, Lewis,
Long, Martin, McGreggor, Murphey, Smith, Stell, Whitfield,
Wilcox, WofFord.
Those voting negatively are Messrs. William Q,. Anderson,
Boynton, Brown, Calhoun, Crawford, Gignilliatt, Hackett, Har¬
deman, Harris, Hines, Kenan, McGahagan, Miller, Mitchell,
Moody, Nickelson, Reynolds, Ridley, Smead.
So the motion to strike out was carried.
Mr. Kenan moved to insert two hundred—which was lost.
Mr. Ridley moved to insert one hundred and seventy-
five.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 21, nays 23.
Those voting affirmatively are Messrs. Allen, William Q.
Anderson, Boynton, Calhoun, Crawford, Gignilliatt, Hackett,
Hardeman, Harris, Hines, Holderness, Kenan, John M. King,
McGahagan, Miller, Mitchell, Moody, Nickelson, Reynolds,
Ridley, Smead.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Brown, Chastain, Colley, Cone, Curry, Field,
40*
314
JOURNAL OF THE
Hill, Jackson, Wesley King, Lee, Lewis, Long, Martin, Mc-
Greggor, Murphey, Smith, Stell, Whitfield, Wilcox, Wofford.
So the motion was lost.
On motion, Mr. Hackett had leave to withdraw his amend¬
ment.
Mr. Boynton offered the following amendment:
And the same be paid to Joseph Guilford—which was
agreed to.
The 14th section, as amended, was agreed to.
The 15th, 16th, 17th, 18th, 19th, 20th and 21st sections were
read and agreed to.
And the 22d section being read, appropriating $15,000 for
the payment of debts now due by the Western and Atlantic
Rail Road, and for the completion of the same to the Oostanau-
la river,
Mr. Hackett moved to strike out the same.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 22, nays 24.
Those voting affirmatively are Messrs. Thos. F. Anderson,
Beall, Boynton, Broaddus, Colley, Cone, Field, Hackett, Hill,
Holderness, Jones, Kellogg, John M.King, Lee, Lewis, Martin,
McGahagan, McGreggor, Moody, Stell, Whitfield, Wilcox.
Those voting negatively are Messrs. Allen, Wm. Q. Ander¬
son, Brown, Calhoun, Chastain, Crawford, Curry, Gignilliatt,
Hardeman, Harris, Hines, Jackson, Kenan, Wesley King,
Long, Miller, Mitchell, Murphey, Nickelson, Reynolds, Ridley,
Smead, Smith, Wofford.
So the motion to strike out was lost.
The 23d, 24th, 25th, 26th and 27th sections were read and
agreed to.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have passed
the following bills, to wit:
A bill to add a part of the county of Ware to the county of
Irwin, and to change the residence of Eli Vickers; also, to add
the residence of Calvin Q,uinn and 'William G. Taylor, of the
county of Telfair, to the county of Appling; and also, to add
lot of land number four hundred and fourteen, in the seventh
district of Irwin, to the county of Baker, the same being the
residence of Fulton Kemper.
A bill to change the name of Marthasville, in DeKalb coun¬
ty, to that of Atlanta; also, to change the election precinct now
held at the house of Charner Umphries, known as the White¬
hall precinct, to Atlanta.
SENATE.
315
A bill to alter and amend the several acts^ establishing the
several election precincts in the county of Floyd.
A bill to establish an additional election precinct in the coun¬
ty of Cherokee.
A bill to incorporate the Jasper Lodge No. 8, of the United
Ancient Order of Druids, located and working in the city of
Savannah.
A bill to incorporate Unity Lodge No. 36, of Jackson coun¬
ty, Georgia.
A bill to alter and amend the several acts now in force in
relation to the taking of Sheriff's bonds, so far as relates to the
several counties composing the Cherokee Circuit, and to point
out the duty of the Judge of the Superior Courts of said Cir¬
cuit in relation to the same.
A bill to change the places of holding elections in the coun¬
ties of Cobb, Pike and Bibb.
A bill to alter and fix the time of holding the Inferior Courts
of Ware county.
A bill to change the time of holding the Superior Courts of
the county of Macon.
A bill to amend an act to make permanent the site of pub¬
lic buildings in the town of Lumpkin, SteAvart county, and to
incorporate the same, and to extend the corporate limits and
authority of said town.
A bill to hold the securities on public bonds as bound and
liable until the performance of the conditions thereof, or to per¬
mit the principal in such bonds to substitute, within a pre¬
scribed period, other securities in the place of those seeking by
notice to be released, at the discretion of the Governor.
Mr. Chastain, from the Committee on Enrollment, reports as
duly enrolled, and signed by the Speaker of the House of Rep¬
resentatives, and ready for signature of the President, the fol¬
lowing acts, to wit:
An act to amend an act entitled an act to amend the road
and patrol laws of this State, so far as relates to the county of
Effingham, assented to the 9th of December, 1843.
An act to authorize administrators, executors, or guardians,
to exercise discretion in selling lands Avhich may be divided by
county lines.
An Act to authorize David Ross, of the county of Putnam,
to erect a mill dam, on his own land, across one of the sluices
of the Oconee river, at or near the Long Shoals.
An act to incorporate the Mechanics' Benevolent Society of
the city of Savannah.
An act to provide for the introduction in evidence of certain
copy executions, in certain cases therein defined.
An act for the relief of John J. Hamilton, receiver of tax re¬
turns of the county of Pulaski, for the year 1845.
An act to alter and amend the several acts heretofore passed
316
journal of the
relating to the Monroe Rail Road and Banking Company, to
change the name of said Company, and to authorize said Com-
panyto build a Branch Road to Columbus.
An act to repeal an act entitled an act to consolidate the of¬
fices of tax collector and receiver of tax returns of the counties
of Forsyth, Madison, Habersham and Ware, passed the 27th
of December, 1838, so far as relates to the counties of Madi¬
son and Habersham.
Also, the following resolutions, to wit:
A resolution requiring his Excellency the Governor to cause
the funeral expenses of the late John Hentz, deceased, a mem¬
ber elect from the county of Baker, to be paid, and a suitable
monument to be erected over his grave.
A resolution in relation to the establishment of certain mail
routes from LaGrange, to certain points therein named.
Mr. Thomas F. Anderson moved that when the Senate ad¬
journs that it adjourn until half past 2 o'clock, P. M.—which
was carried.
And the Senate adjourned accordingly.
Half Past Two, P. M.
The Senate met pursuant to adjournment.
The Senate took up the unfinished business of this morning,
to wit, the report of the Committee of the Whole on the bill of
the House to appropriate money for the political years 1846 and
1847.
The 2Sth, 29th, 30th, 31st, 32d, 33d, 34th, 35th, 36th, 37th,
38th, 39th, 40th, 41st and 42d, were read and agreed to.
The 43d section being read,
Mr. Wofford moved to strike out the same, to wit:
And be it further enacted, That the sum of sixteen thou¬
sand dollars be, and the same is hereby appropriated to pay the
old debts of the Penitentiary. Provided, That no part thereof
be paid into the Central Bank, on its claims, or in the cases of
Tucker and Cullens—
And to insert the following, to wit:
And be it f urther enacted, That the sum of ten thousand
dollars be, and the same is hereby appropriated, to pay the
debts created by the Penitentiary prior to the first of January,
1844 ; and the said debts be audited by the Comptroller Gene¬
ral and paid by the Treasurer. Provided, That no part of this
SENATE.
317
appropriation shall be applied to the payment of any debt due
by the Penitentiary to the Central Bank.
On motion, the amendment was passed over for the present.
The remaining sections of the report were read and agreed
to.
Mr. Calhoun offered the following amendment, which was
agreed to:
And be it further enacted, That the Treasurer be authorized
and he is hereby required to redeem at the Treasury, out of
any funds not otherwise appropriated, any and all Certificates
heretofore issued by the Commissioners of the Western and
Atlantic Rail Road, for work done on said Road, and which
may be now outstanding; and that when the sum of two hun¬
dred and fifty dollars shall have been so redeemed, it shall be
the duty of the Treasurer to call in from the hands of the
Chief Engineer and disbursing agent of said Road, an equiva¬
lent amount of the Bonds of the State; and shall cause the
said Certificates to be cancelled, and the said Bonds may be
sold and disposed of by the Treasurer for the purpose of reim¬
bursing the Treasury, at not less than par value.
Mr. Miller offered the following amendment, which was
agreed to:
And be it farther enacted, That the sum of twenty-five
hundred dollars be, and the same is hereby appropriated to de¬
fray the expenses of surveying- the line between this State and
Flordida, (subject to the warrant of his Excellency the Govern¬
or) in pursuance to a concurred resolution.
Mr. Boynton offered the following amendment, which was
agreed to:
And be it further enacted, That his Excellency the Govern¬
or be, and he is hereby authorized to draw his warrant upon
the military fund, in favor of the several Brigade Inspectors in
this State, for all arrearages for services rendered and undrawn
previous to the year 1845.
Mr. Wofford offered the following amendment, which was
agreed to:
And be it further enacted, That the sum of forty dollars be,
and the same is hereby appropriated to John D. McCroskey,
for taking care of the public arms and ammunition of this State,
at Dahlonega, in the year 1838; and that Milton H. Gathright
be, and he is hereby authorized to receipt for and draw the
same from the Treasury.
Mr. Martin offered the following amendment, which was
agreed to.
And be it further enacted by the authority aforesaid, That
the sum of fifteen dollars and fifty cents be appropriated to pay
the securities of Faddy J. Whittingtoq, tax collector of Pike
county for the year 1841, for an amount which was authorized
by a resolution of the General Assembly of the State of Geor-
318
JOURNAL OF THK
gia, approved December 28th, 1842, to be allowed in settlement
by the Comptroller of said State, and which, in consequence
of the death of said Whittington, was never allowed; and that
his Excellency the Governor be, and he is hereby author¬
ized to draw his warrant in favor of Jacob Martin, for said
amount.
Mr. Jackson offered the following amendment:
And be it further enacted by the authority of the same,
That the sum of fifteen hundred dollars be, and it is hereby
appropriated, for the purpose of obtaining from the State Paper
Office in London, copies of all papers connected with the Co¬
lonial History of Georgia, which were not copied by the Rev.
Charles W. Howard; and that the said money be placed for
said purpose in the hands of the Principal or either of the Yice
Presidents of the Georgia Historical Society, in Savannah.
On motion of Mr. Hackett, the amendment was indefinitely
postponed.
Mr. Smead offered the following amendment, which was
agreed to:
And be it further enacted, That the sum of sixty dollars be
appropriated for the payment of Elias H. Beall for services ren¬
dered as Brigade Inspector for the 2d Brigade, 10th Division,
for the years 1S42, 1843 and 1844; and the further sum of
twenty dollars be appropriated to Mrs. Mary Fleming, of Tal¬
bot county, for teaching poor children, in the year 1843; and
that the above amounts be paid to H. P. Smead, Senator from
the 18th District.
Mr. Kellogg offered the following amendment, which was
lost:
That the sum of three hundred and two dollars and forty-
five cents be appropriated to pay the balance due to Forsyth
county for the poor school account for the years eighteen hun¬
dred and forty-two and three, out of the fund set apart for that
purpose.
Mr. Hackett offered the following amendment:
And be it further enacted by the authority aforesaid, That
the sum of eighty-three dollars be appropriated to William K.
Posey, for teaching poor children, in the years eighteen hundred
and forty-two and forty-three, to be deducted from the poor
school fund of Floyd county.
And on motion of Mr. Hardeman, the same was laid on the
table the balance of the session.
Mr. Nickelson offered the following amendment:
And be it further enacted, That the sum of seventeen dol¬
lars and sixty-four cents be paid to Ephraim Bruce, for teach¬
ing poor children, in Greene county, in 1843; and that the
same be deducted from the poor' school fund to which said
county is entitled.
On motion, the amendment was indefinitely postponed.
SENATE.
319
Mr. Broaddus offered the following amendment, which was
agreed to:
And be it further enacted, That the sum of thirteen dollars
and ninety-nine cents be appropriated to be refunded to Chhrles
F. Newton, of the county of Butts, it being the amount of a
tax illegally paid by him on change bills, in the year 1841.
Mr. Stell offered the following amendment, which was
agreed to:
And be it further enacted, That the sum of twenty dollars
he paid to the executors of Stephen Grice, being an excess paid
in obtaining the grant to a certain lot of land drawn by the
said Stephen Grice.
Mr. Stell also offered the following amendment:
And be it f urther enacted, That the sum of twenty-seven
dollars and fifty cents be appropriated and paid to John Dor-
sey, of Henry county, for the grant fee of a forty acre lot,
which he sent money and paid for, find through mistake a
grant was issued and sent to him for a wrong lot, whereby his
own lot, which he was seeking to grant, reverted to the State,
and has since been granted; that his Excellency draw his war¬
rant on the Treasury for the same; and that the Treasurer pay
it over to John D. Stell, upon his receipting therefor.
And on agreeing to the amendment, the yeas and nays were
required to be recorded, and are—yeas 20, nays 22.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Wm. Q. Anderson, Beall, Broaddus, Colley, Cone, Hill,
Holderness, Jackson, Jones, Kellogg, John M. King, Martin,
McGreggor, Miller, Smith, Stell, Whitfield, Wilcox, Wofford.
Those voting negatively are Messrs. Allen, Boynton, Brown,
Calhoun, Crawford, Curry, Gignilliatt, Hardeman, Harris,
Hines, Kenan, Wesley King, Lee, Long McGahagan, Mitchell,
Moody, Murphey, Nickelson, Reynolds, Ridley, Smead. •
So the amendment was lost.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have passed
the following bills, to wit:
A bill to amend the charter of the city of Columbus, and to
amend an act entitled an act to amend the several acts of the
Legislature of this State incorporating the city of Columbus, in
the county of Muscogee, and to lay off said city into wards, and
to point out the manner of electing the mayor and aldermen
thereof, passed in the year 1837. •
A bill to authorize the Sheriff of Dooly county to advertise
his sales in his Judicial Circuit, or in the city of Macon.
A bill to incorporate the Muscogee Rail Road Company, and
. to punish persons who may violate the provisions of the same.
320
JOURNAL OF THE
A bill to add all that part of Lumpkin county lying and be-
in a- North of the Blue Ridge, to the county of Union.
A bill for the relief of John R. Cotting, military store keeper
at Milledgeville.
A bill to authorize and require the Judge of the middle cir¬
cuit to draw a new set of jurors for every extra term of the su¬
perior court, so far as relates to the county of Washington.
A bill to change the time of holding the inferior courts of the
county of Pulaski.
A bill to amend an act entitled an act to incorporate the Ir-
winton Bridge Company, and to regulate the rates of toll
thereof.
A bill for the relief of Abel Lewis, of the county of Burk,
and his securities.
A bill to repeal an act to compensate the grand jurors in the
county of DeKalb, assented to 24lh December, 1836, and for
other purposes.
A bill to repeal so much of an act assented to 9th December,
1839, consolidating the offices of tax collector and receiver in
certain counties therein named, as relates to the county of
Hancock.
A bill to compel the clerks, and their successors in office, of
the superior, inferior, and courts of ordinary, of the comity of
Irwin, to hold their offices at, or within one mile of the court¬
house.
A bill to add lots of land numbers 247 and 248, in the elev¬
enth district formerly Henry, but now DeKalb county, to the
county of Newton.
A bill to authorize and request his Excellency the Governor
to furnish the county of Irwin with five copies of Prince's Di¬
gest and of the Georgia Justice.
A bill to amend the charter of the Medical College of Geor¬
gia, and to exempt the Faculty and Students of said Institution
from jury and militia duty, during the collegiate term.
A bill for the relief of the Commercial Bank, at Macon.
A bill to establish sundry election precincts in the counties
therein named, and to remove and abolish sundry other elec¬
tion precincts therein specified.
A bill to prohibit colored mechanics and masons, being slaves
or free persons of color, from making contracts for the erection
ot buildings, &c., and prescribing punishment for violations of
this act.
Mr. Broaddus offered the following amendment:
And be it f urther enacted, That the sum of five dollars be
appropriated to pay Shadrach McMichael for a wrong grant—
and on agreeing to the amendment,
Theyeas and nays were required to be recorded, and are—
yeas 26, nays 16.
SENATE.
321
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, W". Q,. Anderson, Beall, Boynton, Broaddus, Chastain, Col-
ley, Field, Hackett, Hardeman, Hill, Holderness, Jackson,
Jones, Kellogg, John M. King, Lee, Lewis, Martin. McQreg-
gor, Murphey, Smith, Stell, Whitfield, Wilcox, Wofford.
Those voting negatively are Messrs. Brown, Calhoun, Craw¬
ford, Curry, Harris, Hines, Kenan, Wesley King, Long, McGa-
hagan, Miller, Mitchell, Moody, Nickelson, Reynolds, Ridley.
So the amendment was agreed to.
Mr. Thos. F. Anderson offered the following amendment,
which was agreed to:
And be it further enacted, That the sum of $15 be appropri¬
ated to George Dent, of Clark county, who, under Executive
appointment of Gov. McDonald, was employed to distribute the
standard weights and measures in the North-east portion of the
State.
Mr. Crawford offered the following amendment, which was
agreed to:
* And he it further enacted by the authority aforesaid, That
the sum of six hundred and six dollars and five cents, be ap¬
propriated to pay the accounts of William Y. Hansell, Frederic
H. Sanford and Thomas C. Hackett, Esqrs., for certain servi¬
ces rendered the State of Georgia, which accounts have been
audited and allowed by a special committee appointed by his
Excellency the Governor for that purpose.
Mr. Holderness offered the following amendment, which was
agreed to:
Be it further enacted, That the sum of two thousand dol¬
lars be appropriated to pay Howell Cobb, of Houston county,
for five hundred copies of Cobb's compilation of the Laws of
Georgia, for which the Governor is authorized to subscribe.
Mr. Cone offered the following amendment:
That the further sum of to F. H. Smith, for record¬
ing plats, in the Surveyor General's office.
Mr. Cone moved to fill the blank with three hundred and
fifty-six dollars and fifty cents—which was lost.
Mr. Crawford moved to fill the blank with one dollar and
ninety-five cents.
Mr. Hackett moved that when the Senate adjourns, it adjourn
to meet again 011 Monday morning, at 9 o'clock—which was
lost.
Mr. T. F. Anderson moved that when the Senate adjourns,
that it adjourn to meet again this evening, at 7 o'clock.
On which motion, the yeas and nays were tequired to be re-t
corded, and are—yeas 29, nays 14.
Those voting affirmatively are Messrs, Allen, Thomas F*
41
322
JOURNAL OP THE
Anderson, "William Q. Anderson, Bea.ll, Calhoun, Chastam,
Colley, Cone, Crawford, Curry, Hardeman, Harris, Hill, Hines,
Holderness, Jackson, Kellogg, Wesley King, Lewis, Long, Mc-
Gahagan, McGreggor, Miller, Mitchell, Nickel son, Reynolds,
Ridley, Stell, Wofford.
Those voting negatively are Messrs. Boynton, Brown, Field,
Hackett, Jones, Kenan, John M. King, Lee, Martin, Moody,
Murphey, Smith, Whitfield, Wilcox.
So the motion was carried, and the Senate adjourned ac¬
cordingly.
Seven O'clock, P. M.
The Senate met pursuant to adjournment.
On motion of Mr. Miller,
The order was suspended, for the purpose of taking up hills
of the House of Representatives for a first and second reading.
The following bills of the House of Representatives were ta¬
ken up, and read the second time, and referred to a Committee
of the Whole:
A bill to levy and collect a tax for each of the political years
1846 and 1847.
A bill to relieve Green T. Par tin, of the county of Pike, and
State of Georgia, from the disabilities of a matrimonial con¬
nection now existing between him, the said Green T. Partin,
and Mary Partin, his wife, of the State of North Carolina.
A bill to provide for the removal of -the county site and pub¬
lic buildings of Scriven county, and to fix a new county site, to
build a new court house, and for other purposes.
A bill to authorize and require the Clerk and Treasurer of
the Poor School Fund of Dooly county to pay Jos. T. Webb,
for teaching poor children, out of said Poor School Fund, and to
authorize the Commissioners of the Poor School Fund of the
county of Lowndes to pay Thomas W. Baker, of said county,
for teaching poor children in said county of Lowndes.
A bill to amend the Police of the Penitentiary, to authorize
an increase of the wages of several of the officers herein nam¬
ed, to allow the Governor, if necessary, in his judgment, to draw
from the treasury the remainder of the appropriation of 1843,
jyid to apply the same to the use of the Penitentiary, and to
compensate John Hadden out of the money now in the treasury
for the use of the Penitentiary.
A bill to alter and amend an act to incorporate Mount Car-
SENATE.
323
mel Academy; in Crawford comity, and to appoint Trustees for
the same, passed in the year 1832.
A bill to amend an act entitled .an act to amend an act to al¬
ter and fix the time of holding the Superior Courts in the Eas¬
tern District of this State, assented to 26th December, 1837,
assented to 23d December, 1840. . ;.
A bill to add a certain portion of land formerly known as
the Lanier land, now belonging to Malichi Denmark/ lying in
the county of Bryan, to the county of Bulloch, and to alter the
county line between said counties, so as to include the resi¬
dence of Simeon Banks, now of the county of Bryan, to the
county of BulloOh.
A bill to change and point out the mode of inheritance in cer¬
tain cases therein mentioned.
A bill for the relief of William Robinson, Jun., of tho county
of Forsyth.
A bill to amend the fifth section of an act to provide for the
education of the poor, assented to the 27th Dec., 1843,. and for
other purposes, so far as relates to Franklin county.' .
A bill to pardon Matilda Cogswell.
A bill to authorize the Justices of the Inferior Court of Cher¬
okee county to levy an extra tax, for certain purposes therein
named. ■ '
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have passed
the following bills, to wit:
A bill to authorize Nathan Mattox to build a mill dam across
Broad River, on his own land. • . ''
A bill to alter and amend the third and seventh sections of
the third article of the Constitution of this State.
A bill to remove and establish certain election* precincts, in
certain counties therein named. „ . '
A bill to amend an act entitled an act to incorporate thet Ogle¬
thorpe University. _ . 1
A bill to change the line between the counties of Pike and
Henry, so as to add lots of land number 128,129 and 160, in
the 3d district of Henry county, to the county of Pike, and to
change the residence of certain persons therein named.
A bill to repeal an act to regulate the election and pay of
county treasurer for the counties of Bibb and Upson, and to
render ineligible any of the justices of the inferior court of Said
counties to said appointment, so far as relates to the county of
Bibb, assented to 9th December, 1843.
A bill for the relief of James M. Davis, of the' county of
Talbot. . .
A bill to repeal an act passed 20th December, 1834, to keep
open the Central Hatchie Creek, in the county of Heard. •
324
JOURNAL OF THE
A MI to provide for the correcting of errors committed by-
receivers of tax returns in receiving taxable property, or in as¬
sessing the tax payable thereon.
A bill to remit a forfeiture incurred by James J.Davis.
A bill for the relief,of B. W. Castleberry, of Forsyth county.
A bill for the relief of Oglethorpe Insurance and Trust Com¬
pany, of the city of Macon. '
• A bill to give to mothers certain rights in relation to the guar¬
dianship and custody of their minor children.
A bill for the relief of John Temples, of the county of
Franklin.
A bill to regulate the empanneling of Grand and Petit Jurors
in the county of Camden.
A bill for the relief of Benjamin Williamson, of the county
of Scriven.
A bill to reduce the Sheriffs' bonds in the county of Sumter.
A bill to change and fix the times of holding the superior and
interior courts of the county of Upson.
A. bill to change and alter the time of meeting of the com¬
missioners of public roads of Chatham county.
A bill-to allow parties to traverse the return of the justices of
the inferior court and justices of the peace in this State, upon
all certioraris.
A hill to authorize the inferior courts of the coimties of Tel¬
fair and Ware to appoint some fit and proper persons to run
and mark out a line between the said coimties of Telfair and
Ware.'
The following bills of the House of Representatives were ta-
keit up, and read the first time:
A bill to hold the securities on public bonds as bound and li¬
able until the performance of the conditions thereof, or to per¬
mit the principal in such bonds to substitute within a prescri¬
bed period, other securities in the place of those seeking, by no¬
tice, *to be released, at the discretion of the Governor.
A bill to amend an act to make permanent the site of public
buildipgs in the town of Lumpkin, Stewart county, and to in¬
corporate the same, and to extend the corporate limits and au¬
thority of said town.
A bill to change the time of holding the superior courts of the
^county of Macon.
A hill" to alter and fix the time of holding the inferior courts
of Ware county.
A bill to establish an additional election precinct in the coun¬
ty of Cherokee.-
A bill to incorporate Unity Lodge No. 36, of Jackson county,
Georgia.
A bill to alter and amend the several acts now in force in re¬
lation to the taking of Sheriffs' bonds, so far as relates to the
several counties composing the Cherokee Circuit, and to point
■SENATE.
3 2$
out the duty of the Judge of the Superior Court of said Cir¬
cuit in relation to the same.
* A hill to incorporate Jasper Lodge No. 8, of the United An¬
cient Order of Druids, located in Savannah.
A hill to change the places of holding elections in the coun¬
ties of Cobb, Pike and Bibb.
A bill to add a part of the county of Ware to the county of
Irwin, and to change the residence of Calvin Quian and Wil¬
liam G. Taylor, of the county of Telfair, to the county of Ap¬
pling, and also to add lot of land number 414, in the 7th dis¬
trict of Irwin, to the county of Baker, the same being the resi¬
dence whereon Fulton Kenap now lives.
A hill to change the name of Marthas ville, in DeKalb coun¬
ty, to that of Atlanta; also, to change the election precinct now
held at the house of Charner Umphries, known as the White¬
hall precinct, to Atlanta.
A bill to alter and amend the several acts establishing the
several election precincts in the county of Floyd.
A bill to prescribe the manner of holding elections in the
county of Chatham, and the charter elections of the city of Sa¬
vannah.
A hill to authorize and require the Surveyor General to issue
a grant for fraction number 166, in the 15th district of Decatur
county, to Darien Belcher.
A bill to authorize the justices of the inferior court of Cobb
comity to levy an extra tax om the citizens of said county, for
certain purposes therein named.
A bill to make penal and to punish any unlawful interfer¬
ence with, or molestation of the Western and Atlantic Rail
Road.
A bill to authorize and require the justices of the inferior
court of the county of Mcintosh to pay the several petit jurors
who may hereafter serve as aforesaid.
A bill to restrict the amount of tax fees received by attorneys
at law for suits on certain notes.
A bill to add number eight, in the twenty-fourth district and
third section, to the county of Floyd, and to change the line be¬
tween the counties of Floyd and Cass, so as to include the resi¬
dence of certain persons therein named within the county of
Floyd.
A hill to amend the several acts incorporating the town of
Rome, in the county of Floyd, and to define more .particularly
the powers of the commissioners of said town.
A bill to alter and amend the several acts heretofore passed
for the incorporation and government of the town of Marietta,
in the county of Cobb.
A bill to establish sundry election precincts in the counties
therein named, and to remove and abolish sundry other election
precincts therein specified.
A bill for the relief of the Commercial Bank, at Macon.
326
JOURNAL OF THE
A bill to amend the charter of the Medical College of Geor¬
gia, and to exempt the Faculty and Students of said Institu¬
tion from jury and militia duty during the collegiate term.
A bill to authorize and request his Excellency the Governor
to 'furnish to Irwin county five copies each of Prince's Digest
and of the Georgia Justice.,
A bill to add lots of land numbers 247 and 248, in the elev¬
enth district formerly Henry, now DeKalb county, to the coun¬
ty of Newton.
A bill to amend the charter of the city of Columbus, and to
amend an act entitled.an act to amend the several acts of the
Legislature of this State incorporating the city of Columbus, in
the county of Muscogee, and to lay off said city into wards, and
to. point out the manner of electing the mayor and aldermen
thereof, passed-in the year 1837.
A bill to repeal an act to compensate grand jurors in the
county of DeKalb, assented to Dec. 24th, 1836, and for other
purposes.
A hill to extend the Western and Atlantic Kail Road of the
State of Georgia, and to provide means therefor.
A bill to repeal so much of an act assented to 9th Decem¬
ber, '1839, consolidating the offices of tax collector and receiver
in certain counties therein named, as relates <to the county of
Hancock.
A bill to compel the clerks, and their successors in office, of
the superior, inferior and ordinary courts of the county of Ir¬
win, to hold their offices at or within one mile of the court¬
house;
A bill for the relief of Abel Lewis, of the county of Burke,
and his securities.
A bill to amend an act entitled an act to incorporate the Ir-
winton Bridge Company, and to regulate the rates of toll
thereof.
A bill to change the time of holding the'inferior courts of the
county of Pulaski.
A bill to authorize and require the Judge of the middle cir¬
cuit to'draw a new set of Jurors for every extra term of the
Superior Court,'so far as relates to the county of Washington.
A bill for the relief of John R.Cotting, military store keeper
at Milledgeville,
A bill to add all that part of Lumpkin county lying North of
the Blue Ridge, to the county of Union.
A hill to incorporate the Muscogee Rail Road Company, and
to. punish persons who may violate the provisions of the same.
A bill to authorize the Sheriff of Dooly county to advertise
his sales in his Judicial Circuit, or in the city of Macon.
A bill to repeal an • act to regulate the election and pay of
county treasurer for the counties of Bibb and Upson, and to
rehder ineligible any of the justices of the inferior court of said
SENATE.
3 27
counties to said appointments, so far as relates to the county of
Bibb, assented to 9th December, 1843.
A bill to amend an act entitled an act to incorporate Ogle¬
thorpe University.
A bill to remove and establish certain election precincts in
certain counties therein named.
A bill to authorize Nathan Mattox to build a mill dam across
Broad river, on his own land.
A bill for the relief of the Oglethorpe Insurance and Trust
Company of the city of Macon.
A bill to give^ to mothers certain rights in relation to the
guardianship and'custody of their minor children.
The Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives to alter and amend
(so far as relates to the county of Troup) th'e third section of
an act entitled an act to alter and amend the road laws of this
State, approved 19th December, 1818.
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 relieve Alexan¬
der Means, of the county of Newton, from the payment of a
portion of tax improperly assessed against him in said county,
for the year 1845.
The report was agreed to—the bill was read the third time,
and passed.
The Senate took up, as a report of' the Committee of the
Whole,
The bill of the House of Representatives to prevent and re¬
move obstructions in the Flint river calculated to impede the
free passage of fish, to appoint Commissioners, and to punish
those who may attempt to defeat the same.
Mr. Stell offered the following proviso, which was agreed to:
Provided, That nothing in this act contained shall be so con¬
strued as to prevent the erection of mill dams on said river.
The report, as amended, was agreed to—the hill was read
the third time, and passed.
The Senate took up, as the report of the Committee of the
Whole, . 1
The bill ©f the House of Representatives to Change the
name of Cassandria Fitzpatrick to that of Cassandria Hill, and
legitimatize the same, and for other purposes therein con¬
tained.
Mr. Beall offered the following amendment, which was
agreed to:
And be it further enacted. That the name of Thomas Ed-
328
JOURNAL OP THE
win McLeroy, of Carroll county, be changed to that of Thbmas
Edwin Hicks, and made the lawful heir of Mathew Hicks, his
reputed father.
The report, as amended, was agreed to—the bill was read
the third time, and passed.
The Senate took up, as a report of the Committee of the
Whole,
The bill of the House of Representatives to authorize the
Justices of the Inferior Court of the county of Murray to as¬
sess and. levy an extra tax of twenty-five per cent., for the pur¬
pose of building a Jail.
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 on the 25'th Dec. 1837, consolidating the offices of re¬
ceiver of returns and tax collector in the counties of Lump¬
kin, Gilmer, Tattnall, Union, Pulaski, Telfair, Walker, Chero¬
kee, Early, Rabun, Floyd and Paulding, so far as relates to
the counties of Cherokee and Tattnall.
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 entitled an act to incorporate the village of Jefferson, in
the county of Jackson, assented to 24th Deer., 1833, so far as
relates to the appointing of five commissioners for the same,
and extending the corporate limits thereof.
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 Wil¬
liam Roscoe Gorman, of the county of Talbot, to plead and
practice law in the several, courts of law and equity in this
State, on certain conditions therein named.
Mr. Murphey offered the following amendment
^ Except the Supreme Court77—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 cor¬
poration laws of the village of Ruekersville, in the county of
Elbert, passed in the year 1822.
SENATE.
329
Mr. Miller offered the following amendment, which was
agreed to :
By Inserting the words " not exceeding," before the words
" one hundred dollars."
The report, as amended, was agreed to, the bill Avas read
the third time and passed.
The Senate took up, as a report of the Committee of the
Whole,
The bill of the House of Representatives to repeal the second
section of an act entitled an act to change the times of hold¬
ing the Inferior Courts in the county of Sumter, and the Su¬
perior and Inferior Courts in the county of Stewart, and to
regulate the manner of adjourning the Inferior Courts of Stew¬
art county, assented to the. 7th day of December, 1841, and to
change and fix the time of holding the inferior courts in said
county of Stewart.
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 and
require the Justices of the Inferior Court of the county of Ma¬
rion, or a majority of them, to draw a Grand and Petit Jury in
said county. ,
The report was agreed to—the bill Avas read the third time,
and passed.
The Senate took up, as the report of the Committee of the
Whole, * 1
The bill of the House of Representatives to repeal an act
to alter and amend the several acts for the government of the
city of Macon, assented to 8th day of December,1841, so far as
to vest the appointment of Marshal for said city in the Mayor
and Council, instead of his being elected by the people, as¬
sented to 26th December, 1842, and to provide for the election
of a marshal and deputy in and for said city.
Which, on motion, Avas laid on the table for the balance of
the session.
The Senate took up, as the report of the Committee of the
Whole,
The bill of the Housq of Representatives to render legal and
valid the adoption of Rose Anna McHugh, by Robert Raiford,
and to confer upon her certain privileges and rights of his legiti¬
mate child.
The report was agreed to—the bill Avas read the third time,
and passed.
The Senate took up, as the report of the Committee of the
Whole, ' 1 '
The bill of the House of Representatives to amend an act
to amend the estray latvs of this State,'so far as relates to
42*
330
JOURNAL OF THE
the time of advertising and tolling horned cattle, sheep,
goats or hogs, before they are sold, assented to 20th December,
1823. '
The.report was agreed to—the bill was read the third time,
and passed.
The Senate took up, as a report of the Committee of the
Whole,
The bill of the House of Representatives to authorize his Ex¬
cellency the Governor to cause a grant to be issued to James
Bush, of the county' of Early, for lot No. 100, in the 6th dis¬
trict of'said county.
The report was agreed to—the bill was read the third time,
and passed.
The Senate took up, as a report of the Committee of the
Whole,
The bill of the House of Representatives to add the resi¬
dence and premises of John McCurdy, sen., now of the county
of Walton, to the county of Gwinnett, and the plantation of
John Freeman, of the county of Franklin, to the county of
Madison.
Mr. Hill offered the following amendment, which was
agreed to :
And be it further enacted by the authority aforesaid, That
the dwelling house and immediate residence of Benjamin J..
Hardee be, and the same is hereby cut off from the county of
Walton and added to the county of Morgan.
Mr. Chastain offered the following amendment, which was
agreed to
• And be it further enacted by the authority aforesaid, That
the act entitled an act to add a part of the county of Murray
to the county of Cass, assented to the 18th day of December,
1834, be, and the same is hereby repealed.
And be it further enacted, That all officers, both civil and
military, who may be added to the county of Murray, shall
hold their commissions, respectively, for *and during the time
for which they may have severally been elected; any law to
the contrary notwithstanding.
Mr. Calhoun called for the previous question, which being
seconded by a majority of the Senate, the main question was
then put, it being to agree to the report of the Committee of
the Whole. t
The report was agreed to—the bill was read the third time,
and on the question, " shall this bill now pass,'5
^ The yeas and nays were required to be recorded, and are—
yeas 19, nays 19.
Thoge voting affirmatively are Messrs. Bea 11, Broaddus,
Chastain, Colley, Crawford, Hackett, Hill, Jackson, Jones, Kel¬
logg, John M. King, Lee, Long, Martin, Miller, Mitchell, Mur-
phey, Smith, Wofford. '
senate. 331
Those voting negatively are Messrs. William Q.. Anderson,
Boynton, Brown, Calhoun, Curry, Cignilliatt, Hardeman,
Hines, Wesley King, Lewis, McGahagan, McGreggor, Moody,
Nickelson. Reynolds, Ridley, Smead, Stell, Wilcox.
The vote being equal, the President voted in the affirmative.
So the bill was passed.
Leave of absence was granted to Mr. Allen and Mr. Chas-
tain, for the remainder of'the session.
On motion, the Senate adjourned until half past 9 o'clock
Monday morning.
MONDAY, December 22, 1845.
The Senate met pursuant to adjournment.
, Mr. Wofford moved to reconsider so much of the journal of
Saturday as relates to money appropriated to the Inspector and
' Chaplain of the Penitentiary—which was carried.
Mr. Calhoun moved to reconsider so much of the journal of
Saturday as relates to the per diem pay of the members. -
Upon which motion the yeas and nays were required to be
recorded, and are—yeas 22, nays 22.
Those voting affirmatively are Messrs. Boynton, Broad-
dus, Brown, Calhoun, Chastain, Colley, Curry, Field, Gig-
nilliatt, Hackett, Hines, Jones, Kenan, John M King, Mc¬
Gahagan, McGreggor, Mitchell, Moody, Reynolds, Smead,
Whitfield, Wilcox.
Those voting negatively are Messrs. Thos. F. Anderson,
Beall, Cone, Crawford, Hardeman, Harris, Hill, Holder-
ness, Jackson, Kellogg, Wesley King, Lee, Lewis, Long,
Martin, Miller, Murphey, Nickelson, Ridley, Smith, Stell,
Wofford.
There being a tie, the President voted in the negative.
So the motion to reconsider was lost.
Mr. Martin moved a reconsideration of so much of the jour¬
nal of Saturday as relates to the appropriation of $15,000 for
the extension of the Western and Atlantic Rail Boad.
332
JOURNAL OF THE
Upon which motion the yeas and nays were required to he
recorded, and are—yeas 22, nays 19.
Those voting: affirmatively are Messrs. Thomas F. An¬
derson, Beall, Boynton, Broaddus, Brown, Cone, Field,
Hackett, Hill, Hines, Holderness, Jones, Kellogg, Wesley
King, Lee, Lewis, Martin, McGreggor, Moody, Stell, Whit¬
field, Wilcox.
Those voting negatively are Messrs. Calhoun, Colley,
Crawford, Curry, Gignilliatt, Hardeman, Harris, Jackson,
Kenan, McGahagan, Miller, Mitchell, Murphey, Nickelson,
Reynolds, Ridley, Smead, Smith, Wofford.
So that the motion to reconsider was carried.
Mr. Stell moved to reconsider so much of the journal of
Saturday as relates to the rejection of the appropriation to John
Dorsey—which w;as carried.
Mr. McGreggor moved to reconsider so much of the journal
of Saturday as relates to the passage of a hill of the House of
Representatives to add the residence and premises of John Mc-
Curdy, senior, now of the county of Walton, to the county of
Gwinnett, and the plantation- of John Freeman, of the county
of Franklin, to the county of Madison—which was carried. .
The following message was received from the House of Rep¬
resentatives, by Mr. Word,, their Clerk :
Mr. President—The House of Representatives have passed
the following bills, to wit:
A bill to incorporate the Rock Island Manufacturing Com¬
pany. ~
A bill to authorize D. R. Turner, James L. Mason, Mark
Waits, Wesley Mayfield and Coleman Pitts to establish Fer¬
ries across the Chattahoochee and Etowah rivers, on their own
land.
. A bill to authorize Hezekiah R. Foote to build a mill dam
across the Chattahoochee river, at or near the place where the
Western and Atlantic Rail Road crosses the same; and to au¬
thorize Johnson P. Wellborn, of the county of Union, to build
a mill dam across Notley river, in the county of Union.
Mr. Smith offered the following resolution, which was taken
up:
Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That his Excel¬
lency the Governor be requested to forward, together with the
Acts and Journals of the present session, to the county of Dade,
three copies of Prince's Digest and three copies of Greene &■
Lumpkin's Georgia Justice, for the use of the officers of three
newly created Districts in said county.
SENATE.
333
Mr. Hackett moved to amend by adding,' four copies of
Prince's Digest, for Floyd county.
Mr. Stell moved further to amend by adding, 24 copies of.
McComb's Military Discipline, for Henry county, and 8 copies
for Fayette county.
The resolution, as amended, was agreed to.
Mr. Lee, from the select committee, made the following re¬
port—which was taken up, read and agreed to :
The committee appointed to investigate the reports of Attor¬
neys having notes, &c., in their hands for collection, and to ob¬
tain all other information possible, relative to the value of the
assets of the Central Bank, beg leave to report—
That they have had the same under consideration, and find
that they can not make the investigation, as required by the
resolution ordering their appointment, in time to report to this
session of the Legislature; and therefore beg leave to be re¬
lieved from any further consideration of the subject.
/vlr. Cone offered the following resolution:
Whereas, the warlike preparations and movements in Eu¬
rope make it necessary to preserve peace at home, or in the
event of a war, to sustain our honor and our country, that we
also be prepared—therefore,
Be it resohed, That our Senators be , and our Rep¬
resentatives requested to urge the speedy equipment and com¬
pletion of Fort Pulaski, on Cock Spur Island, below the city of
Savannah; and in the event of necessity, to authorize his Ex¬
cellency to receive into the United States' service such number
of volunteers as he may think capable of defending the sea
coast of the State of Georgia.
And on Mr. Cone's motion to take up,
The yeas and nays were required to be recorded, and are—
yeas 8, nays 32.
Those voting affirmatively are Messrs. Colley, Cone,
Hackett, Jackson, Martin, Stell, Whitfield, Wilcox.
Those voting negatively are-Messrs. Thos. F. Anderson,
Beall, Boynton, Broaddus, Brown, Calhoun, Crawford, Cur¬
ry, Field, Gignilliatt, Hardeman, Harris, Hill, Hines, Hol-
derness, Jones, Kellogg, Kenan, John M. King, Wesley
Kino-, Lee, Lewis, Long, McGahagan, Miller, Mitchell,
Moody, Nickelson, Reynolds, Ridley, Smead, Wofford.
So the motion to take up was lost.
Mr. Broaddus, from the select committee to whom was re¬
ferred the preamble and resolutions in relation to Gen. Andrew
Jackson, made the following report—which was taken up, read
and agreed to;
334
JOURNAL OP THE
That they have given the subject their consideration, and
beg leave to report in favor of the passage of the original pre¬
amble and resolutions, and the amendment in relation to Wm.
H. Crawford.
Mr. Wm. Q,. Anderson asked and obtained leave of absence
for the remainder of the session, after to-morrow.
Mr. Cone moved to take up the resolution offered by him¬
self with reference to the Post Office in Bulloch county—which
was lost.
The Senate took up the unfinished business of Saturday, to
wit, the report of the Committee of the Whole 011 the bill of the
House to appropriate money for the political years 1846 and
1847.
The following amendment being under consideration, to
wit:
" The further sum of to F. H. Smith, for recording
plats in the Surveyor's Office"—
Mr. Cone moved to fill the blank with three hundred and
fifty-six dollars—which was lost.
The question being on Mr. Crawford's motion to fill the blank
with one dollar and ninety-five cents, it was carried.
The yeas and nays being called, on motion, Mr. Cone had
leave to withdraw the same.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk :
Mr. President—The House have refused to concur in the
amendment of Senate to the bill of the House " to alter and
amend the 3d section of the 2d article of the Constitution of
this State."
Mr. Lee offered the following amendment, which was agreed
to:
And be.it further enacted, That the sum of forty-five dollars
be paid to John D. Stell, Senator from the county of Fayette
for the year 1838, being a balance due him for mileage and per
diem, which was not paid to him through an error committed
in the settlement with the then Treasurer.
Mri Colley offered the following amendment, which was
agreed to:
And be it further enacted, That the sum of three hundred
dollars, or so much as may be necessary, be appropriated for
the funeral expenses and the erection of a tomb over the Hon.
John Hentz, late Representative from the county of Baker.
Mr. Kellogg offered the following amendment, which was
lost:
And be it further enacted, That the sum of one hundred
dollars be appropriated to pay Hubbard Barker, now of the
county of Forsyth, for his services for taking in the tax return
SENATE.
335
for th.e county of Cherokee for the .year 1832, before the same
was divided into counties as now stands.
Mr. Hardeman offered the following amendment:
And be it f urther enacted, That his excellency the Gov¬
ernor draw his warrant upon the Treasury in favor of the
Mayor of the city of Macon, for five hundred and seventy-
nine dollars and six cents, it being the amount paid by the city
of Macon for the suppression of the small, pox, which made
its appearance in said city on the 26th day of April, 1842.
And on the motion to agree thereto,
The yeas and nays were required to he recorded, and are—
yeas 24, nays 14.
Those voting affirmatively are Messrs. Boynton, Broad-
dus, Brown, Calhoun, Colley, Crawford, Field, Hackett,
Hardeman, Holderness, Jackson, Kenan, Lewis, Long, Mc-
Gahagan, Miller, Mitchell, Murphey, Nickelson, Reynolds,
Ridley, Smith, Stejl, Wilcox.
Those voting negatively are Messrs. Beall, Cone, Curry,
Harris, Hill, Hines, Kellogg, Wesley King, Lee, Martin,
McGreggor, Moody, Smead, Wofford.
So the' amendment was agreed to.
The following Message was received from the House of
Representatives, by Mr. Word, their Clerk :
Mr. President—The House of Representatives have concur¬
red in the amendments of Senate to the following hills of the
House of Representatives, to wit:
A hill to prevent and remove the obstructions in Flint river
calculated to impede the free passage of fish, to appoint Com¬
missioners, and to punish those who may attempt to defeat the
same.
A bill to change the name of Cassanclria Fitzpatrick to that
of Cassandria Hill, and to legitimatize the same, and for other
purposes therein contained.
A bill to raise a revenue for the city of Columbus, amenda¬
tory of an act of the 10th December, 1841, and also, to make
provisions for the poor of said city.
A bill to authorize William Roscoe Gorman to plead and
practice law.
A bill to alter and amend the road laws of this State rela¬
tive to Randolph county.'
They have also passed the following bill, to wit:
A bill to incorporate Curtright Manufacturing Company.
They have also agreed to a resolution for the relief of Sam¬
uel B. Webb, tax collector and receiver of tax returns for the
county of Pulaski.
336
JOURNAL OF THE
To which they desire the concurrence of this branch of the
General Assembly.
Mr. Murphey offered the following amendment :
And be it further enacted by the authority aforesaid, That
the money paid by the State of Georgia as duty upon Rail
Road Iron, should the same be refunded by Congress, shall be,
and the same is hereby appropriated to the further construction
of the 'Western and Atlantic Rail Road of the State of Gepr-
gia.
And on agreeing thereto,
The yeas and nays were required to be recorded, and are—
yeds 26, nays 16.
Those voting affirmatively are Messrs, Boynton, Brown,
Calhoun, Colley, Crawford, Curry, Gignilliatt, Hackett,
Hardeman, Harris, Hines, Jackson, Kenan, Wesley King,
Long, McGahagan, Miller, Mitchell, Moody, Murphey, Nick-
elson, Reynolds, Ridley, Smead, Smith, Stell.
# *
Those voting negatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Cone, Field, Hill, Holderness, Jones,
Kellogg, John M. King, Lee, Lewis, Martin, McGreggor,
W'ilcox, Wo/Ford.
So the amendment was agreed to.
Mr. Wofford offered the following amendment, which was
agreed to:
Be it further enacted, That the sum of fifty-four dollars
and fifty cents be paid to A. M. Horton for recording 1,090
plats of land, in the Surveyor General's Office, in the year ■
1840 : and the further sum of fifty-five dollars and ten cents
be paid the legal representatives of Jesse Cox, former Surveyor
General—it being for that part of the first quarter's salary due
him as Surveyor General in 1840.
Mr. Stell offered the following amendment:
And be it further enacted, That in future there shall be one
regular Assistant to each of the State House Officers, viz : the
Secretary of State, the Surveyor General, the Comptroller
General, and the Treasurer; and a salary of dollars,
per annum, be allowed to each.
Mr. Stell moved to fill the blank with five hundred dollars—
which was lost.
Mr. Kenan moved the indefinite postponement of the amend¬
ment—which was carried.
Mr. Lewis offered the following amendment:
And be it further enacted, That the sum of fifty dollars be
refunded to McCarter & Welch, of Cobb county, for tax ille¬
gally paid by them on a billiard table, in the year 1841; and
"SSK'AT'E.
337
"that "Samuel Maloney be authorized to draw the same.
And on agreeing thereto, the yeas and nays were required to
■he recorded, and are—yeas 19, nays 22.
Those voting affirmatively are Messrs. Thos. F. Ander¬
son, Beall, Colley, Field, Mackett, Hill, Jackson, Jones,
Kenan, John M, King, Lee, Lewis, MeGreggor, Miller,
Mtirphey, Smith, Stell, Wilcox, Wofford.
Those voting negatively are Messrs. Boynton, Brown,
Calhoun, Cone, Crawford, Curry, Gigniiliatt, Hardeman,
Harris, Hines, Holderness, Kellogg, Wesley King, Long,
Martin,McGahagan, Mitchell, Moody, Nickelson, Reynolds,
Ridley, Smead.
So the amendment was lost,
Mr. LeAvis offered the following amendment, to wit:
And be it further enacted by'the authority aforesaid, That
the following sums be and are hereby appropriated to the per¬
sons mentioned, for services rendered for listing names of ap¬
plicants for grants, and other services connected with the grant¬
ing of reverted lands in the Cherokee country, in September,
11845, and for recording plats, to wit:
To E. H. Pierce, for two days services, the sum of eight dol¬
lars.
To C. E. Ryan, for two days services, eight dollars.
To B. T. Bethune, for two days services, eight dollars.
To P.' Fair, for four and a-half days services, eighteen dol¬
lars.
To Wm. B. "Tinsley, for two days and a hsflf services, ten
■'dollars.
To F. H. Smith, for two days service, eight dollars.
To J. U. Horn, for ten days service, forty dollars.
To William C. PoAveO, for two days service, eight dollars.
'To M. J. Kenan, for four days services, sixteen dollars.
C. E. Ryan, foT four days services, sixteen dollars.
To Alfred M. Horton, for recording plats, as per contract,
the sum of one hundred and ninety-seven dollars.
Which was agreed to.
Mr. Miller offered the following amendment, which was
read and agreed to :
And be it further enacted, That the 'sum of three thousand
dollars, or so much thereof as may he necessary, he appropria¬
ted to pay such expenses as this General Assembly, by resolu¬
tion have directed or may direct the Governor to incur, and for
which no provision is otherwise made "by this act.
Mr. Hardeman offered the following amendment, which was
-agreed to;
43
338
JOURNAL OR THE
And be it further, enacted, That bis Excellency the Governor
draw his warrant upon the Treasury in favor of Zachariah E
Harmon, for the sum of one hundred dollars, for professional
services, rendered as Solicitor General, by the direction of Go¬
vernor McDonald, in procuring a forfeiture of the charter, of the
Ocmulgee Bank.
The Senate took up the following reconsidered amend¬
ment :
And be it farther enacted, That the sum of twenty-seven
dbllars and fifty cents be appropriated and paid, to John Dor-
sey, of Henry county, for the grant fee of a forty acre lot,
which he sent money and paid for, and through mistake a
grant was issued and sent to him for a wrong lot, whereby his
own lot, which he was seeking to grant, reverted to the State,
and has since been granted; that his Excellency draw his war¬
rant on the Treasury for the same; and that the Treasurer pay
it over to John D. Stell, upon his receipting therefor.
Mr. Stell offered the following substitute to the foregoing
amendment, which was agreed to :
And be it further enacted, That twenty-seven dollars and
fifty cents be appropriated and paid to John Dorsey, of Henry
county, who was the fortunate drawer of lot No. 1,141, in the
4th district and 1 st section Cherokee, who sent down for the
.grant of the same, and through mistake a grant was sent to
him for lot No. 1141, in the 4th district and 3d section, in the
name of and to one Clem A. Winne, who is wholly unknown
to the said John Dorsey, bearing date the 9th day of June,
1843, by means whereof his own lot became reverted to the
State, and was afterwards granted at twenty-five dollars ; that
the grant to the lot first aforesaid be cancelled and considered
as reverted to the State; and that John D. Stell, Senator from
the 31st District, be authorized to receipt for. the same.
Mr. Smead offered' the following amendment, which was
read and agreed to:
And be it f urther enacted by the authority aforesaid, That
the sum of one hundred and fifty dollars be, and the same is
hereby appropriated to pay Joseph Weathers, of the county of
Talbot, for his expenses in going to and returning from the
State of Arkansas, to demand Mr. Doster, a fugitive from jus¬
tice, from the Governor of said State.
Mr. Beall offered the following amendment, which was
agreed to i
Be it further enacted, That the sum of eleven hundred dol¬
lars be appropriated as a military fund, for the payment of ar¬
rearages due Division and Brigade Inspectors for services per¬
formed.
Mr. Hill offered the following amendment, which was read
and agreed to:
SENATE.
339
And be it further enacted by the authority aforesaid, That
the sum of two hundred and thirty-nine dollars and eighty-se¬
ven cents be, and the same is hereby appropriated, to pay the
poor school accounts for teaching the poor children of the coun¬
ty of Newton, in the years of 1842 and 1843, and which sum
has been drawn by John B. Smith, under a forged order, and
with which sum he has left the country.
Mr. Whitfield offered the following amendment:
Be it f urther enacted, That the sum of one hundred dollars,
or so much thereof as may be necessary, be, and is hereby ap¬
propriated for the erection of a suitable tomb over the grave of
James D. Allman, a soldier in the late war, who was killed in
firing a cannon at the funeral obsequies of Gen. Jackson, in the
city of Milledgeville.
And on agreeing thereto, the yeas and nays were required
to be recorded, and are—yeas 31, nays 10.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Boynton, Broaddus, Brown, Calhoun, Colley, Cone,
Field, Hackett, Hardeman, Harris, Hill, Holderness, Jackson,
Jones, Kellogg, Kenan, John M. King, Lee, Lewis, Martin, Mc-
Greggor, Moody, Murphey, Reynolds, Ridley, Smead, Stell,
'Wilcox, Wofford.
Those voting negatively are Messrs. Crawford, Curry, Gig-
nilliatt, Hines, Wesley King, Long, McGahagan, Miller, Mitch¬
ell, Nickelson.
So the amendment was agreed to.
Mr. Hill offered the following amendment, which was agreed
ti, to wit:
And be it farther enacted, That the sums herein before ap¬
propriated to William Mullens and Marmon B. Moon, of Wal¬
ton county, be paid to the Senator from the 33d District.
Mr. Calhoun offered the following amendment, which, on
motion, was referred to a select committee of three, consisting
of Messrs. Kenan, Calhoun and Murphey :
And be it further enacted, That the sum of four hundred
and seventy-two dollars be paid to Capt. James Kivlin, mili¬
tary store keeper at Columbus, Georgia, for services rendered
from the 6th of November, 1837, to 6th of May, 1838.
Mr. Miller offered the following amendment, which was
read and on motion of Mr. Ridley, was laid on the table the
balance of the session:
And be it further enacted, That the sum of four hundred
and twenty-four dollars and. twenty-five cents be paid to Jules
DeAutel for expenses incurred in apprehending Morton Keb
sey, a fugitive from justice.
340
journal of the
Mr. Wofford offered the following amendment, which was
agreed to:
And be it farther enacted, That the sum of thirty dollars,
or so much thereof as may be necessary for the purpose of pur¬
chasing for the use of the 101st Regiment, Georgia Militia,
twelve copies of Scott's Discipline, and twelve copies of the
Army Regulations, to be forwarded to the county of Cass with
the Laws and Journals, and delivered to the Colonel of said
Regiment.
Mr. Curry offered the following amendment, which was
agreed to:
And be it further enacted, That the treasurer of the poor
school fund of the county of Washington be authorized, and
he is hereby directed to pay such outstanding accounts as may
have been properly authenticated, for teaching poor children in
said county, in the yeas 1841 and 1842, out of any monies that
may be in his hands belonging to said county.
On motion of Mr. Lewis, the 39th section was recommitted,
and he offered the following amendment, which was agreed
to:
To Alfred A. Park, for twelve days services in the Secretary
of State's Office, $48.
To Richard L. Story, for two days services in the Secretary
of State's Office, $8.
The section, as amended, was agreed to.
On motion, the Senate adjourned until 3 o'clock, P. M.
Three O'Clock, P. M.
The Senate met pursuant to adjournment.
Mr. Wofford moved to suspend the order to take up the ma¬
jority and minority reports of the Joint Standing Committee on
the Penitentiary—which was lost.
The following communication from his Excellency the Gov¬
ernor, was received, taken up, and read :
Executive Department, (
Milledgeville, December 22, 1845. <)
In a communication I had the honor to address to the Senate
on the 13th inst.,I then stated that I had directed the Chief En¬
gineer to report the amount of contingent expenses of his De¬
partment, and that his reply, when received, would be transmit¬
ted to that branch of the General Assembly. I have received
SENATE.
311
a letter from that officer, and he reports the amount expended
since the 1st October, 1843, to be $726 81. Under the head of
contingent expenses, are classed the travelling expenses of the
Chief Engineer and Assistants, when absent from the Road on
the business of the State, postage on letters of public business,
small expenditures about the office, and other miscellaneous
purposes.
I will add, that since the 1st April last, the duties of a clerk
liave been performed by persons attached to the Engineer's De¬
partment, and consequently the State has been relieved of that
charge, which has existed, as it is thought, since the commence¬
ment of the Railway enterprise.
GEO. W. CRAWFORD.
The following communication was received from his Excel¬
lency the Governor, and read, and referred to a select committee
of three, consisting of Messrs. Stell, Miller, and Thomas F. An¬
derson :
Executive Department, P
Milledgeville, December 22d, 1S45. \
As the resolution of the Senate of the 16th inst. embraced,
among other things, an enquiry addressed to the Director of the
Central Bank, I requested that officer to reply to the portion
which related to the institution over which he presides.
I beg leave to refer the Senate to my biennial message to the
General Assembly, as embracing the specific terms of the ne¬
gotiation with several Banks, by which specie payments were
restored at the Treasury. The operation consisted simply in
an exchange of their bills, which were at par, for those of the
Central Bank, which were below par, and so remained till the
1st May, 1S44.
The amount embraced in the negociation was $160,000, and,
as between the contracting Banks, in the following sums, and
on the following dates, viz:
Bank of Brunswick, Dec. 22d, 1843, $10,000
Bank of Augusta, " " " 25,000
Branch of the Bank of the State, at Augusta, 25,000
Mechanics' Bank, " " 25,000
Marine and Fire Insurance Bank, Deer. 23d, 1843, 25,000
Bank of the State of Georgia, Jan. 2d, 1844, 25,000
'Planters'-Bank, Feby. 14th, 1844, 25,000
About the same time I was so fortunate as to establish with
the Banks of the State of Georgia and Augusta, (in both of
which the State is a large stockholder,) Agencies, by which
they agreed, gratuitously, to purchase exchange in payment of
the interest and part of the principal of the sterling debt of the
State, as also the interest on the federal bonds, whose holders
desired according to the act of 1843, that the interest might be
paid in the cities of Savannah and Augusta, and the interest
payable on the bonds issued at the Central Bank and in those
342
JOURNAL OP THE
cities. In relation to the saving to the State, the full value cf
this service can he calculated only hy the amount which the
Central Bank had paid, or agreed to pay, as commissions. By
the report of the Cashier of the Central Bank, I find that under
the existing plan of agencies, as compared with that which pre¬
ceded it, the Bank saves annually $1,210 91.
I transmit herewith copies of the correspondence in connec¬
tion with the military claims of the State against the Federal
government, which was also requested by the resolution of the
Senate of the 16th inst. I avail myself of this opportunity to
say, that early in the last year I sent to Washington various
vouchers by the Hon. D. L. Clinch, and desired, as he was fa¬
miliar with a part of the military operations ot the State, on
which these claims are based, that he would give to them spe¬
cial attention. He soon found, after enquiry made at the offi¬
ces at Washington, additional legislation was required, and ac -
cordingly he introduced a bill to relax the rules which had been
so rigorously applied to these claims. That hill, as well as an¬
other in which Georgia was deeply and equitably concerned, as
it related to the duties she had paid on Rail Road Iron, survived
the session of Congress, and consequently fell into thatcapacious
tomb, whose appropriate inscription is "Unfinished Business.'-'
GEO. W. CRAWFORD.
The sixteenth section, reconsidered this morning, being un¬
der consideration, being an appropriation of fifteen thousand
dollars for the extension of the Western and Atlantic Rail
Road.
And on the motion to agree to the same,
The yeas and nays were required to be recorded, and are—
yeas 24, nays 14.
Those voting affirmatively are Messrs. Beall, Boynton, Cal¬
houn, Colley, Crawford, Curry, Gignilliatt, Hardeman, Hines,
Jackson, Kenan, Wesley King, Long, McGahagan, Miller,
Mitchell, Moody, Murphey, Nickelson, Reynolds, Ridley, Smead,
Smith, Wofford.
Those voting negatively are Messrs. Thomas F. Anderson,
Broaddus, Cone, Field, Hackett, Hill, Jones, Kellogg, Lee, Lew¬
is, Martin, McGreggor, Stell, Wilcox.
So the same was agreed to.
Mr. Jackson offered the following amendment, which was
lost :
And he it further enacted hy the authority of the same, That
the sum of sixteen dollars and sixty-three cents be and is here¬
by appropriated in favor of James Mclntire, of Chatham coun¬
ty, being the one half of a double tax assessed against him for
the year 1845.
SENATE.
THr. Wofford moved to strike out that part of the 6th section
•.giving the Inspector of the Penitentiary an annual-salary of five
hundred dollars.
Upon which motion.
The yeas and nays were required to he recorded, and
are—yeas 20, nays 20.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Golley, Gone, Field, Hackett, Hill, Jack¬
son, Jones, Kellogg, Lee, Lewis, Martin, McGrecgor, Murphey,
Smith, Stell, Wilcox, Wofford.
Those voting negatively are Messrs. Boynton, Brown, Cal¬
houn, Crawford, Curry, Gignilliatt, Hardeman, Harris, Hines,
Kenan, Wesley King, Long, McGahagan, Miller, Mitchell,
Moody, Nickelson, -Reynolds, Ridley, S-mead.
There being a tie, the President voted affirmatively.
So the motion to: strike out prevailed.
Mr. Miller moved to lay the 6th section on the table for the
present—which was carried.
The following message was received from'the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives "have passed
the following bills, to wit;
A bill to authorize the inferior court of Lee county to levy an
extra tax for the year 1846, for the purpose of building a jail,
repairing the court-house, and for. other purposes therein na¬
med.
A hill to incorporate the Athens Manufacturing Company.
A hill to reduce the Sheriffs' bonds of the counties of Telfair
and Macon.
A bill more-particularly, to definetthe line between the coun¬
ties of Hancock and Taliaferro, and to add the residence of
Mai com Johnson to the county of Hancock.
A bill to change the county line between the counties of
Macon and Crawford.
A bill to authorize the Justices of the inferior court of the
county of Lowndes to compensate Simeon'Strickland. for teach ¬
ing poor children in said county, in the year 1843.
They have also passed the fallowing hills of Senate, to wit.:
A bill to repeal all laws now in fforce which relate to the nav¬
igation of the ©conee river, or to the-free passage of fish up it,
above Milledgeville, to Barnett's Shoals, in Clark county, so
far as the same may prohibit the erection of dams across said
liver for milling, or manufacturing purposes.
34&
JOCS»NAE# 0F THG3.
A Mir tcrprovide-for the disposition. of the estate of David?
Myrick, of Putnam, county, an insane person..
They have also passed the following hill oi the. Senate, with
an amendment,,t© wit:
A hill for the relief of Sarah, McKeext
To which they desirecthe concurrence, of. this branch of the-
General Assembly.
The forty-third sectioiibeingmnder consideration,.
Mr. WofFord moved to strike out all after the * enacting;
words..
On which motion the yeas-and nays were required; to be re¬
corded, and, are—yeas 20,> nays 20*
d Those voting affirmatively are Messrs. Thomas E. An--
erson, Beall, Broaddus^ Colley, Cone, Field, Backett,,
Hill, Jackson, Jones, Kellogg, Lee, Lewis,. Martin, Mc—
Greggor,„Muvphey, Smithy Stell,. Wilcox, WofFord.
Those voting.negatively are Messes. Boyntoa, Brown,..
Calhoun,. Crawford, Carry, Gigailliatt, Hardeman, Harris,.
Hines, Kenan, Wesley King, Long, MeGahagan, Miller,.
Mitchell, Moody, .Nickelson, Reynolds* Ridley, Smead.
The vote being equal, the President voted in.the affirmative..
So-the motiondo strike out was carried/ •
Mr. WofFord moved to insert the following in lieu of the sec¬
tion stricken,, out::
And be.it further enacted by. tlie authority, aforesaid, That
the sum of ten thousand dollars-he, and the same is hereby ap¬
propriated to pay the debts contracted by the Penitentiary, pri¬
or to the first of January,. 1844, and' the- said debts be audited";
by the Comptroller; General, and :paid by the Treasurer;, Pro¬
vided, That no part-of this appropriation shah be applied to the-
payment of any ddbt due by- the Penitentiary to the - Central
Bank..
Mr. Miller moved'to amend the section by inserting after the
word "Treasurer," the words "pro rata on the principal of said'
debts"—whichhwas agreed to.
Mr. Miller offered the following amendment,, which was- also
agreed to:
" And the further sum of five hundred dollars to the Inspect¬
or of the Penitentiary for each year."
The section^ as amended, was agreed to.
The sixth section was taken up and agreed to;.
Mr. Kellogg offered the following amendment,, which was
agreed .to:
Thafc the sum of otne hundred dollars be appropriated to re*-
34£
land to Hardy- Strickland, Jr., the same being paid into the
treasury tor the grant of lot (number 295) two hundred and
ninety-five (3d) third district and first section, the same having
been returned as a fraudulent draw, and condemned and sold.
Mr. Calhoun, from the committee to whom was referred the
claim of James Kivlin, military store keeper at the city of Co¬
lumbus, reported that they have duly considered the matter,
and recommend the adoption of the following section, to be in¬
serted in the appropriation bill:
And be it further enacted, That four hundred and seventy-
two dollars- be appropriated to pay James Kivlin for his servi¬
ces as military store keeper in the city of Columbus,from the
6th of No>vr., IS37, to the 6th of May, 1838.
Which was lost.
The report, as amended, was agreed to—the bill was read
the third time, and passed.
Mr. Ridley moved that the Secretary take the bill forthwith
to the House of Representatives.
Upon which motion,
The yeas and nays were required to be recorded, and are—
yeas 20, nays 2(X
Those voting affirmatively are Messrs. Boynton, Broad-
dus, Calhoun, Colly, Curry, Field, Hackett, Harris, Hill,
Ilolderness, Jackson, Kellogg, Long, Miller, Murphey, Rid¬
ley, Smith, Stell, Wilcox, Wofford.
Those voting negatively are Messrs. Thos. F. Anderson,
Beall, Brown, Cone, Crawford, Gignilliatt, Hardeman,
Mines, Jones, Kenan, Wesley King, Lewis, Martin, McGa-
hagan, McGreggor, Mitchell, Moody, Nickelson, Reynolds,
Smead.
So the motion was lost.
The Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives to levy and collect
a tax for the political years 1846 and 1847.
On motion, the report was taken up by sections.
The 1st section being read,
Mr. Calhoun moved to strike out the words " one fourth of
one per cent/7 as the tax to be paid by Agencies of Banks au¬
thorized by other States, and kept within this State, on the
amount of exchange bought and sold, and insert eight cents on
every hundred dollars.
Which was agreed to.
Mr. Beall moved to amend the first section by adding "on all
Jacks, the*1 price of the season/7
Which was carried.
44*
346
JOURNAL CF "SHE
Mr. Miller offered the following amendment, which was
agreed to:
And be it further enacted, That when any person or persons
shall act as agent or agents for any Bank, (incorporated in an¬
other State,) or individuals residing in another State, in the par-
chase, discount or sale of bills of exchange, checks, or promisso¬
ry notes, he or they shall be liable to pay a tax of eight cents
on every hundred dollars of the amount bought, discounted or
sold.
Mr. Crawford moved the following amendment as an addi¬
tional section, which was agreed to :
And be it further enacted, That the following rates of com¬
mission shall be allowed on the net amount of each digest, to
each Receiver and Collector, to wit:
On all digests over $20,000 3 per cent.
On all digests between $10,000 and $20,000 4 per cent.
Between $6,000 and $10,000 5 per cent.
Between $4,000 and $6,000 6 per cent.
Between $3,000 and $4,000 7 per cent.
Between $2,000 and $3,000 8 per cent.
Between $1,000 and $2,000 9 per cent.
Under $1,000 10 per cent.
The report, as amended, was agreed to—the bill was read
the third time, and passed.
And the Secretary ordered to carry the same forthwith to the
House of Representatives.
The Senate took up, as the report of the Committee of the
Whole,
The bill from the House of Representatives to appropri¬
ate money in cases of overpayments at the treasury.
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 further
time to the city of Columbus to pay a debt due by said city to
the State of Georgia.
The report was agreed to, and on the passage of the bill,
The yeas and nays were required to be recorded, and are—
yeas 18, nays 22.
Those voting affirmatively are Messrs. Boyntcn, Brown,
Calhoun, Colley, Crawford, Curry, Hardeman, Holderness,
Jackson, Long, McGahagan, Miller, Mitchell, Reynolds, Ridley,
Smead, Stell, Wofford.
Those voting negatively are Messrs. Thos. F. Anderson,
Beall, Cone, Field, Gignilliatt, Hackett, Harris, Hill, Hines,
senate.
347
Jones, Kellogg, Kenan, Wesley King, Lee, Lewis, Martin, Mc-
Creggor, Moody, Murphey, Nickelson, Smith, Wilcox.
So the bill was lost.
The Senate took up and concurred in the amendment of the
House of Representatives to the bill of Senate for the relief of
Sarah McKeen.
Mr. Thomas F. Anderson moved that when the Senate ad¬
journs that it stands adjourned until 7 o'clock, to-night—which
was carried.
On motion, the Senate adjourned accordingly.
Seven 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 amend the sev¬
eral acts of this State in relation to auctions and auctioneers,
and for other purposes.
Mr. Miller moved the indefinite postponement of the report,
which was carried.
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 provide for the indigent
deaf and dumb of this State, also to provide for the appointment
of a commissioner, to regulate his duties, affix his salary, and
appropriate monies therefor, by changing the place of education,
and for other purposes.
Mr. Hardeman offered the following amendment, as an ad¬
ditional section, which was agreed to:
And be it further enacted., That the provisions of this act,
and of the act of which this is amendatory, shall be extended
to all the indigent deaf and dumb.
Mr. Hines offered the following as an amendment to the
amendment, which was agreed to :
" Or blind."
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 reconsidered bill of the House of Representatives,
To add the residence and premises of John McCurdy, sen.,
348
JOURNAL OF THE
now of the county of Walton, to the county of Gwinnett, and
due plantation of John Freeman, of the county of Franklin, to
tiie county of Madison.
Mr. Murphey moved to strike out all the Senate amendments
heretofore agreed to—which was carried.
Mr. Hardeman moved its indefinite postponement—which
was lost.
The report was agreed to, and on the question "shall this
bill now pass,"
The yeas and nays were required to be recorded, and are—
3*eas 28, nays 6.
Those voting affirmatively are Messrs. Thos. F. Anderson,
Beall, Colley, Crawford, Curry, Field, Hackett, Hill, Hines,
Holderness, Jackson, Jones, Kellogg, Wesley King, Lewis,
Long, Martin, McGreggor, Miller, Mitchell, Moody, Murphey,
Ridley, Smead, Smith, Stell, Wilcox, Wolf or d.
Those voting negatively are Messrs. Boynton, Cone, Gignil-
liatt, Hardeman, Harris, Nickelson.
So the bill was passed.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have passed
the following bills of Senate, to wit :
A bill to extend the corporate existence of the President, Di¬
rectors and Company of the Bank of Augusta, and continue in
force certain acts of the General Assembly therein mentioned,
and to define the liability of the stockholders, and to regulate
its issues in future.
A bill to alter and amend the eleventh section of the tenth
division of the Penal Code.
A bill for the relief of James W. Reeve.
A bill to amend an act to authorize the establishment of the
Southern Botanical Medical College of Georgia.
A bill in relation to proceedings to recover debts not due.
A bill for the limitation of proceeding in caveating will or
wills.
A bill to repeal an act entitled an act to incorporate the town
of Davisville,in the county of Pike, and to appoint commission¬
ers for the same, and other purposes therein mentioned, assent¬
ed to the Sth day of December, 1841.
A bill to repeal all acts and parts of acts establishing a bridge
and toll-gate over Ebenezer Creek, in Effingham county, and
for other purposes therein named.
A bill to change the mode of compensating grand and petit
jurors of the county of Jackson and Floyd, and, to repeal all
laws militating against the same.
SENATE.
349
They have also passed the following hills of Senate, with
amendments, to wit:
A hill to grant certain privileges and immunities to the Co¬
lumbus Guards, a volunteer infantry corps in the city of Co¬
lumbus.
A bill to incorporate the Executive Committee of the Central
Baptist Association of the State of Georgia.
To which they desire the concurrence of this branch of the
General Assembly.
The Senate took up, as the report of a Committee of the
Whole,
The bill of the House to relieve Green T. Partin, of the coun¬
ty of Pike and State of Georgia, from the disabilities of a mat¬
rimonial connexion now existing between him and Mary Par-
tin, his wife, of the State of North Carolina. -
Mr. Crawford offered the following amendment:
And be it further enacted, That immediately from and af¬
ter the passing of this act, the matrimonial connexion and civil
•contract of marriage heretofore made and entered into between
James Gaylord and Jerusha Ann Gay lord, his wife, formerly
Jerusha Ann Frizzle, shall be, and the same is hereby com¬
pletely annulled, set aside and dissolved, as fully and effectual¬
ly as if no such contract had ever been made and entered into
between them—and the said James Gaylord shall be entitled
to all the benefits, privileges and immunities of an unmarried
man.
Mr. Miller moved an indefinite postponement of the report
and amendments—which was lost.
Mr. Crawford's amendment was then agreed to.
The report, as amended, was agreed to—and on the question
" shall this bill now pass,"
The yeas and nays were required to be recorded, and are—
yeas 23, nays 13.
Those voting affirmatively are Messrs. Beall, Boynton, Col-
ley, Field, Gigniliiatt, Hackett, Hill, Hines, Holderness, Jones,
Kellogg, Kenan, Wesley King, Lee, Martin, McGahagan, Mc-
Greggor, Murphey, Reynolds, Ridley, Smead, Smith, Wofford.
Those voting negatively are Messrs. Thomas F. Anderson,
Cone, Curry, Hardeman, Harris, Jackson, Lewis, Long, Mil¬
ler, Mitchell, Moody, Mickelson, Stell.
So the bill was passed.
The Senate took up the amendment of the House of Repre¬
sentatives to the bill of the Senate to incorporate the Executive
Committee of the Central Baptist Association of the State of
■Georgia—and concurred therein.
350
JOURNAL OF THE
The Senate took up tlieiimendments of the House of Repre¬
sentatives to the bill of Senate to grant certain privileges and
immunities to the Columbus Guards—which was, to strike out
the clause to exempt them from jury and road duty, and from
city corporation tax.
On motion, the Senate refused to concur.
On motion of Mr. Hardeman,
The order was suspended, to take up bills of the House of
Representatives for a first and second reading—and the follow¬
ing bills taken up, and read the second time, and referred to a
Committee of the Whole:
A bill to hold the securities on public bonds as bound and
liable until the performance of the conditions thereof, or to per¬
mit the principal in such bonds to substitute, within a pre¬
scribed period, other securities in the place of those seeking by
notice to be released, at the discretion of the Governor.
A bill to extend the Western and Atlantic Rail Road of the
State of Georgia, and to provide the means therefor.
A bill to change the time of holding the Superior Court of
the county of Macon.
A bill to establish an additional election precinct in the coun¬
ty of Cherokee.
A bill to alter and fix the time of holding the Inferior Courts
of Ware county.
A bill, to amend an act to make permanent the site of pub¬
lic buildings in the town of Lumpkin, Stewart county, and to
incorporate the same, and to extend the corporate limits and
authority of said town.
A bill to incorporate Unity Lodge No. 36, of Jackson coun¬
ty, Georgia.
A bill to alter and amend the several acts now in force in
relation to the taking of Sheriff's bonds, so far as relates to the
several counties composing the Cherokee Circuit, and to point
out the duty of the Judge of the Superior Courts of said Cir¬
cuit in relation to the same.
A bill to change the places of holding elections in the coun¬
ties of Cobb, Pike and Bibb.
A bill to incorporate the Jasper Lodge No. 8, of the United
Ancient Order of Druids, located and working in the city of
Savannah.
A bill to change the name of Marthasville, in the county of
DeKalb, to that of Atlanta; also, to change the election pre¬
cinct now held at the house of Charner Humphries, known as
the White-hall precinct, to Atlanta.
A bill to add a part of the county of Ware to the county of
Irwin, and to change the residence of Eli Vickers; also, to add
the residence of Calvin Q,uinn and William G. Taylor, of the
county of Telfair, to the county of Appling; and also, to add
SENATE*
351
lot of land number four hundred and fourteen, in the seventh
district ot Irwin, to the county of Baker, the same being the
residence whereon Fulton Kemp now resides.
A bill to after and amend the several acts establishing the
several election precincts in the county of Floyd.
A bill to authorize and require the Surveyor General to issue
a grant for fraction number one hundred and sixty, in the
fifteenth district of Decatur county, to Darien Belcher.
A bill to prescribe the manner of holding elections in the
county of Chatham, and the charter elections in the city of Sa¬
vannah.
A bill to authorize the justices of the inferior court of the
county of Cobb to levy an extra tax on the citizens of said
county, for certain purposes therein named.
A bill to authorize and require the justices of the inferior
court of the county of Mcintosh to pay the several Petit Jurors
who may hereafter serve as aforesaid.
A bill to make penal and to punish any unlawful interfer¬
ence with, or molestation of the Western and Atlantic Rail
Road.
A bill to restrict the amount of tax fees received by attorneys
at law, for suits on certain notes.
A bill to add lot number eighty, in the twenty-fourth district
and third section, to thecounty of Floyd, and to change the line
between the counties of Floyd and Cass, so as to include the
residence of certain persons therein named- within the county
of Floyd.
A bill to repeal an act to compensate the grand jurors in the
county of DeKalb, assented to December 24th, 1836, and for
other purposes.
A bill to add lots of land numbers 247 and 248, in the elev¬
enth district formerly Henry, but now DeKalb county, to the
;ounty of Newton..
A bill to amend the several acts incorporating the town of
Rome, in the county of Floyd, and to define more particularly
the powers of the commissioners of said town,
A bill to alter and amend the several acts heretofore passed
for the incorporation and government of the town of Marietta,
in the county of Cobb.
A bill to establish sundry election precincts in the counties
therein named, and to remove and abolish sundry other elec¬
tion precincts therein specified.
\ bill for the relief of the Commercial Bank, at Macon.
A bill to authorize and request his Excellency the Governor
to furnish to Irwin county five copies each of Prince's Di¬
gest and of the Georgia Justice.
A bill to repeal so much of an act assented to 9th December,
1839 consolidating the offices of tax collector and receiver in
certain counties therein named,' as relates to the county of
Hancock.
352
JOURNAL CV TH®
A bill to amend the charter of the Medical College of Geor¬
gia, and to exempt the Faculty and Students of said Institution
from jury and military duty, during the collegiate term.
A bill to amend the charter of the city of Columbus, and to
amend an act entitled an act to amend the several acts of the
Legislature of this State incorporating the city of Columbus, in
the county of Muscogee, and to lay off said city kito wards, and
to point out the manner ol electing the mayor and aldermen
thereof, passed in the year 1837.
A bill to compel the clerks, and their successors in office, of
the superior, inferior, and ordinary courts of .the county of
Irwin, to hold their offices at, or within one mile of the court¬
house.
•A bill for the relief of Abel Lewis, of the county of Bark,
and his securities.
A bill to amend an act entitled an act to incorporate the Ir-
winton Bridge Company, and to regulate the rates of toll
•thereof.
A bill to change the time of holding the inferior courts of the
•county of Pulaski.
A bill to authorize and require the Judge of the middle cir¬
cuit to draw a new set of jurors for every extra term of the su¬
perior court, so far as relates to the county of Washington.
A bill for the relief of John R. Cotting, military store keeper
-at Milledgeville.
A bill to add all that part of Lumpkin county lying and be¬
ing North of the Blue Ridge, to the county of Union.
A bill to incorporate the Muscogee Rail Road Company, and
to punish persons who may violate the provisions of the same.
A bill to authorize the Sheriff of Booly county to advertise
.his sales in his Judicial Circuit, or in. the city of Macon.
A bill to repeal an act to regulate the election and pay of
.county treasurer for the 'counties 'of Bibb and Upson,'and to
render ineligible any of the justices of the inferior courtpf said
counties to said appointments, so far as relates to the county ot
Bibb, assented to 9th December, 1843.
A bill to amend an act entitled an act to incorporate Ogle¬
thorpe University.
A bill to remove and establish certain election precincts in
certain counties therein named.
' A bill to authorize Nathan Mattox to build a mill dam across
Broad river, on his own land.
A bill for the relief of the Oglethorpe Insurance and Trust
Company of the city of Macon.
A bill to give to mothers certain rights in relation to the
guardianship and custody of their minor children.
The following bills of the House of Representees were ta¬
ken up, and read <the first time
=SENATJS.
353
A bill to alter and amend the third and seventh sections of
the third article of the Constitution.
A bill to authorize the inferior courts of the counties of Tel¬
fair and Ware to appoint fit and proper persons, and to liave
the line between said counties run and marked out plainly.
A bill to change the line between the counties ol Pike and
Henry, so as to add lots of land number 128,129 and 160, in
the 3d district of Henry county, to the county of Pike, and to
change the residence of certain persons therein named.
A bill to change and fix the times of holding the superior and
interior courts of the county of Upson.
A bill to repeal an act passed 20th December, 1834, to keep
open Central Hatchie Creek, in the county of Heard.
A bill to authorize parties to traverse all returns made by
justices of the inferior courts or justices of the peace on certio¬
rari.
A bill for the relief of B. W. Castleberry, of Forsyth county.
A bill for the relief of James M. Davis, of the county of
Talbot.
A bill to provide for the correcting of errors committed by
receivers of tax returns in receiving taxable property, or in as¬
sessing the taxes payable thereon.
A bill to reduce the Sheriffs7 bonds in Sumter county.
A bill to remit a "forfeiture incurred by James J. Davis.
A bill to change and alter the time of meeting of the com¬
missioners of public roads of Chatham county.
A bill to incorporate Curtright Manufacturing Company.
A bill for the relief of John Temples, of the county of
Franklin.
A bill for the relief of Benjamin Williamson, of the county
of Scriven.
A bill to regulate the empanneling of Grand and Petit Jurors
in the county of Camden.
A bill to incorporate the Rock Island Manufacturing Com¬
pany.
A bill to authorize D. R. Turner, James L. Mason, Mark
Waits, Wesley Mayfield and Coleman Pitts to establish Fer¬
ries across the Chattahoochee and Etowah rivers, on their own
lands.
A bill to authorize Hezekiah R. Foote to build a mill dam
across the Chattahoochee river, at or near the place where the
Western and Atlantic Rail Road crosses the same; and to au¬
thorize Johnson P. Wellborn, of the -county of Union, to build
a mill dam across Notley river, in the county of Union.
A bill to prohibit colored mechanics and masons, being slaves
or free persons of color, from making contracts for the erection
of buildings, &c., and prescribing punishment for the same.
The Senate took up, as the report of <the Committee of the
Whole, . , .
The bill of the House of Representatives to authorize the
45
3S€
journal of tes
Justices of the" Inferior Court of Cherokee county to levy
an extra tax, for certain purposes therein named.
The report was agreed to—the bill read the third time, and:
passed.
The Senate tooklip, as the report of the Committee of the
Whole,
The bill from the House of Representatives to provide
for the removal of the county site and public buildings of Scriv-
i en county, to- fix a new county site, to build a- new court¬
house, and for other purposes.
Mr. McGahagan offered the following amendment, which
was agreed to:
Provided, That after the new site is selected, the question of
" removal" or " no removal," shall be decided by the legal vo¬
ters of said' county, on the first Monday in October next, and.,
for which purpose a poll shall be opened at the several places
of holding, elections in said county; the election to be conduct¬
ed as other elections are; andthe county site shall not be re¬
moved unless a majority of the votes polled is in favor of the
removal; due notice of said election being made to the Justices'
of the Inferior Court, who shall have the same entered on .their
minutes.
The report, as amended, was agreed to—the bill was read
the third time, and passed.
On motion, the Senate adjourned until half past 9 o'clock,
to-morrow morning.
TUESDAY, December. 23, 1845.
The Senate met pursuant to adjournment.
Mr. Martin moved to reconsider so much of the journal of
yesterday as relates to the bill appropriating money for the sup¬
port of government for the political years 1846 and 1847, to¬
gether with the amendments.
Upon which motion the yeas and nays' were required to be
recorded, and are—yeas 10, nays 31.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Broaddus, Cone, Hill, Jones, John M. King, Lee, Martin,
Smith, Stell.
Those voting negatively are Messrs. Beall, Boynton, Brown,
Calhoun, Colley, Crawford, Curry, Field, Gignilliatt, Hackett,
Hardeman, Harris, Hines, Holderness, Jackson, Kellogg, Ken-
SENATE.
355
an, Wesley King. Lewis, Long, McGahagan, Miller, Mitchell,
Moody, Murphey, Nickelson, Reynolds, Ridley, Smead, Wil¬
cox, Wofford.
So the motion was lost.
Mr. Calhoun moved to reconsider so much of the journal of
yesterday as relates to the bill of the House of Representatives
to grant further time to the city of Columbus to pay a debt due
by said city to the State of Georgia.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 19, nays 21.
Those voting affirmatively are Messrs. Boynton. Brown,
Calhoun, Colley, Crawford, Gignilliatt, Hardeman, Holderness,
Jackson, Jones, Long, McGahagan, Miller, Nickelson, Rey¬
nolds, Ridley, Smead, Stell, Wofford.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Cone, Curry, Field, Hackett, Harris, Hill, Hines, Kellogg.
Kenan, John M. King, Wesley King, Lee, Lewis, Martin,
Mitchell, Moody, Murphey, Smith, Wilcox.
So the motion was lost.
Mr. Hardeman moved to reconsider so much of the journal
of yesterday as relates to the bill of the House of Representa¬
tives to alter and amend an act to provide for the indigent deaf
and dumb of this State, also to provide for the appointment of
a Commissioner, to regulate his duties, affix his salary, and ap¬
propriate monies therefor, by changing the place of education,
and for other purposes.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 17, nays 19.
Those voting affirmatively are Messrs. Brown, Colley, Craw¬
ford, Curry, Gignilliatt, Hardeman, Holderness, Jackson, Jones,
Long, McGahagan, Miller, Nickelson, Reynolds, Ridley, Smead,
Stell.
Those voting negatively are Messrs. Thos. F. Anderson,
Beall, Cone, Harris, Hill, Hines, Kellogg, Kenan, John M.
King, Wesley King, Lee, Lewis, Martin, Mitchell, Moody, Mur¬
phey, Smith, Wilcox, Wofford.
So the motion was lost.
Mr. Hardeman offered the following resolution:
"Resolved by the Senate and House of Representatives of
the State of Georgia, in General Assembly met, That the de¬
cisions of the Supreme Court of the United States, as they
contain the most authentic exposition of the Constitution and
Laws of the United States, ought to be published under the
356
JOURNAL OF THE
authority of the Congress, and at the public expense, and dis¬
tributed in such manner as that all the citizens of the United
States may have access thereto.
And be it further resolved, That our Senators and Repre¬
sentatives in Congress be requested to use their exertions to pro¬
cure the passage of a law to carry this important design entirely
into execution; and that the Governor transmit a copy of these
resolutions to our Senators and Representatives in Congress
from this State.
Mr. Miller called for the previous question, which was se¬
conded by a majority of the Senate, it being to agree to the
original resolutions.
The main question was then put, and the original resolutions
were agreed to.
Mr. Miller offered the following resolution, which was taken
up, read and agreed to :
Resolved, That the Senators and Representatives of the
State of Georgia in the Congress of the United States, be, and
they are hereby requested to use their influence to have the
Post Office known as Statesborough, removed to the Court
House in Bulloch county, from which it was heretofore changed,
much to the inconvenience of the people of said county. Al¬
so, to have established a weekly mail route, 011 horse back, from
Dahlonega, by way of Skiner town and Tuecah Post Office,
to Benton, in Tennessee, and back.
Resolved, That his Excellency the Governor communicate
a copy of these resolutions to each of the said Senators and
Representatives in Congress.
On motion of Mr. Miller,
The Secretary was directed to take all bills and joint resolu¬
tions to the House, forthwith, unless otherwise directed.
On motion of Mr. T. F. Anderson, Mr. Stell was added to
the Committee on Enrollment.
On motion of Mr. Cone, Mr. Kenan was added to the Au¬
diting Committee.
The Senate took up the resolution of the House of Repre¬
sentatives in relation to Baradel P. Stubbs.
„ Mr. Kenan moved to strike out the proviso, and insert the
following, which was carried:
" When the Director of the Central Bank shall be fully sat¬
isfied that the said Baradel P. Stubbs signed the same as the
Secretary or Agent, merely, and that said discount was not for
his own use."
The resolution, as amended, was agreed to.
On motion of Mr. Murphey, the following resolution 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 our Sena-
SENATE.
3 57
tors and Representatives in Congress be, and they are hereby
requested to use their exertions to have a law passed to refund
to the State of Georgia all moneys paid by the State as duty
on the Iron for the construction of the Western and Atlantic
Rail Road; and that his Excellency the Governor transmit a
copy of this resolution to each of our Senators and Represen¬
tatives.
Mr. Boynton offered the following resolution, which was
taken up, read and agreed to :
Resolved by the Senate arid House of Representatives of the
State of Georgia, That his Excellency the Governor be, and
he is hereby authorized and required to for ward, with the Laws
and Journals of the present session, a copy of the same to
each of the members of this General Assembly, and also, one
copy to the Judges of the Circuit and District Courts of the
United States, for the District of Georgia; and that he cause
such laws, passed at the present session, as are of a public na¬
ture, to be published in two of the public gazettes in Milledge-
ville, as soon as practicable, after the close of the session.
The Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives for the relief of Ro¬
bert P. Dickerson, of the county of Elbert.
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 18.
Those voting affirmatively are Messrs. Beall, Boynton,
Broaddus, Calhoun, Colley, Crawford, Curry, Gignilliatt, Hill,
Holderness, Jones, John M. King, Wesley King, Long, McGa-
hagan, Miller, Mitchell, Reynolds, Ridley, Stell.
Those voting negatively are Messrs. Thomas F. Anderson,
Cone, Field, Hardeman, Hines, Jackson, Kellogg, Kenan,
Lee, Lewis, Martin, McGreggor, Moody, Murphey, Nickelson,
Smith, Wilcox, Wofford.
So the bill was passed.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have passed
the following bills of Senate, to wit: ,
A bill to incorporate the Ladies' Education and Benevolent
Society of the Methodist Episcopal Church of the city of Co¬
lumbus, and also to incorporate the Augusta Benevolent S-
^A^'bill to provide for the service of original process
corporations.
358
JOURNAL OF THE
A bill to change the place of holding the Justice Courts of
the 26th militia district of Glynn county.
A bill to extend the provisions of the act passed on the
twenty-eighth day of December, 1843, entitled an act to point
out the manner of creating certain corporations, to define their
rights and privileges, and to provide a mode of changing the
names of individuals.
A bill to amend the several acts heretofore passed, and now
in force, incorporating and relating to the Central Rail Road
and Banking Company of Georgia, and to authorize the said
Company to continue and extend its Rail Road from the coun¬
ty of Bibb to the Chattahoochee river, at or adjoining the city
of Columbus.
They have also passed the following bill of Senate, with an
amendment, to wit :
A bill to incorporate the Fire Company of the city of Co¬
lumbus, to be known by the name and style of the Columbus
Engine Company Number Two.
They have also concurred in the amendments of Senate to
the bill of the House of Representatives to levy and collect a
tax for each of the political years of 1846 and 1847.
The Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives to prohibit lessors
in ejectment being made parties plaintiff without their con¬
sent.
The report was disagreed to, and the bill lost.
The Senate took up, as the report of the Committee of the
Whoie,
The bill of the House of Representatives to audit the claims
of certain attorneys at law, retained and employed by the State
of Georgia, in the prosecution of writs of quo warranto against
certain defaulting Banks, and to provide for the payment of the
same.
Mr. Miller moved the indefinite postponement of the bill.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 32, nays 2.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Boynton, Broaddus, Brown, Colley, Cone, Crawford,
Curry, Field, Gignilliatt, Hardeman, Harris, Hill, Hines, Jack¬
son, Jones, Kellogg, Wesley King, Lee, Lewis, Long, Martin,
McGahagan, McGreggor, Miller, Mitchell, Murphey, Nickelson,
Reynolds, Smith, Stell.
Those voting negatively are Messrs. Calhoun, Wofford.
So the bill was indefinitely postponed.
The Senate took up, as the report of the Committee of the
Whole,
•KEW3ETB.
,359
The bill of the House of Representatives !© authorize arid
require the Clerk and Treasurer of the Poor School Fund of
Dooly county to pay Joseph T. Webb for teaching poor chil¬
dren, out Gf said poor school fund, and to authorize the Com¬
missioners of the Poor School Fund of the county of Lowndes
to pay Thomas W. .Baker., of said county, for teaching poor
-children in said county of Lowndes,
Mr. Jones offered the-following amendment, which was
-agreed to :
" Provided the Commissioners think the account just"
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 tor incorporate Mount
;Carmel Academy, in Crawford county, and to appoint trustees
for the same, passed in the year ■ eighteen hundred and thirty-
two.
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 Houce of Representatives to amend an act
"to alter and fix the time of holding the Superior-Courts in the
USastera District of this State, assented to 26th December, 1837,
assented to 23d of December, '1840.
Mr. Hines moved the indefinite postponement of the report—
which was lost
Mr. McGahagan moved to strike-out the eomty of Effing¬
ham—which was carried.
Mr. Cone called for the previous question.
Upon which the yeas and nays were required t® : be record¬
ed, ancLare—yeas 10, nays '20.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Colley, Cone, Field, Hill, Holderness, Jackson, Jones,
Kellogg, John M. King, Lee, Lewis, Martin, Murphey, Smith,
,'S tell,'Wilcox, Wofford.
Those voting negatively -are Messrs. Boynton, 'Brown, Cal¬
houn, Crawford, Curry, Gignilliatt, Hardeman, Harris, Hines,
Kenan, Wesley King, Long, McGahagan, Miller, Mitchell,
Moody, Nickel son, Reynolds,' Ridley, Smead.
So the call for the previous question was not seconded by a
■majority of the "Senate.
Mr. ;Hines moved to strike- ©ut the,counties of Liberty and
HBryam
360
JOURNAL OF" THE-.
Oil which motion the yeas and nays were required to he re¬
corded, and are—yeas 24, nays 15.
Those voting affirmatively are Messrs. Boynton, Brown, Cal¬
houn, Crawford; Curry, Field, Gignilliatt, Hardeman, Harris,
Hill, Hines, Holderness, Kellogg, Kenan, Wesley King, Long,
McGahagan, Miller, Mitchell,, Moody,. Nickelson, Reynolds,
Ridley, Smead.,
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Colley, Cone, Jackson, Jones, John M. King, Lee, Lewis,
Martin, Murphey, Smith, Stell, Wilcox, Wofford.
So the motion to strike out prevailed:
M-iv .Gignilliatt moved to strike out the counties of Glynn
and Mcintosh—which was carried.
Mr. Jackson moved to lay the report,.as amended, on the ta¬
ble the balance of the session.
On which motion the yeas and' nays were required to be re¬
corded, and are—yeas 8, nays 28..
Those voting affirmatively, are Messrs. Boynton, Calhoun,
Gurry, Gignilliatt, Hines, "Wesley King, Nickelson, Ridley.
Those voting, negatively are Messrs. Thomas F. Anderson,
Beall, Brown, Col ley, Cone, Crawford, Field, Hardeman, Har¬
ris, Hill, Jackson, Jones, Kellogg, John M. King, Lee, Lewis,
Long, Martin, McGahagan, Miller, Mitchell, Murphey, Rey¬
nolds, Smead, Smith, Stell, Wilcox, Woffordl
So the motion was lost.
Mr. Ridley moved t© strike aut all except what relates to
the county of Bulloch—which was carried.
The report, as amended, was agreed to—the bill was read
die 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 Robinson, junior, of the county of Forsyth.
Mr. Hardeman-offered, the following amendment to the 1st
section, which was agreed to:
"Provided,, the said William Robinson returns the grant lie
has, to be cancelled."
Oil: motion of Mr. Lewis, 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 of the House of Representatives to add a certain
portion of land, formerly known as the Lanier land, now be¬
longing to Malacbi Denmark, lying in the county of Bryan, to
the county of Bulloch, and to alter the county line between said
SENATE*
361
counties,. so as to include the residence of Simeon Banks, now of
the county of Bryan, in the county of Bulloch.
Mr. Wilcox offered the following amendment, which was
agreed to :
And be it further enacted, That the premises of Peter H.
Coffee, and John B. Coffee, and Phillip McSwain, of Pulaski
county, be, and the same' are hereby added to the county of
Telfair.
The report, as amended, was agreed to, and on motion of Mr.
Hardeman, the bill was indefinitely postponed.
The Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives to pardon Ma¬
tilda Cogswell.
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 fifth
section of an act to provide for the education of the poor, as¬
sented to the 27th Dec., 1843, and for other purposes, so far as
relates to Franklin county.
Mr. Miller proposed to amend, by inserting the year _1841—
which was carried.
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 make perma¬
nent the site of public buildings in the town of Lumpkin, Stew¬
art county, and to incorporate the same, and to extend the cor¬
porate limits and authority of said town.
And on motion of Mr. Boynton. the bill was indefinitely post¬
poned.
The Senate took up, as the report of the Committee of the
Whole, the bill of the House of Representatives,
To alter and fix the time of holding the inferior courts of
Ware county.
Mr. Miller offered the following amendment, as the 2d
section, which was agreed to :
And be it further enacted, That the Spring terms of the fol¬
lowing Courts shall hereafter be held at the respective terms
herein after stated, in each year, to wit:
The Superior Court of Burk county on the 3d Monday in
May; the Superior Court of Jefferson county, on the 1st Mon¬
day in June ; the Superior Court of Richmond county on the
2d Monday in June; and the Inferior Court of Richmond
county, on the third Monday in March.
46*
362
JOURNAL -OF THE
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 an ad¬
ditional election precinct in the county of Cherokee.
Mr. Smead offered the following amendment, which was
agreed to:
And be it further enacted by the authority aforesaid, That
the election preeinct in the county of Talbot, heretofore known
as Barnes' precinct, be, and the same is hereby removed from
the house of William Barnes to Geneva, on or near the premi¬
ses of Jonathan B. McCrary, in said county.
He also offered the following amendment, which was agreed
to:
And be it further enacted, That the election precinct hereto¬
fore established by law at the house of John Moulton, in the
1002d district, in Macon county, be, and the same is hereby re¬
moved to the house of John C. Walker, in the 741st district of
said eounty.
Mr. Stell offered the following amendment, which was
agreed to:
"And that the precinct known as Anderson's, in the county
of Henry, be removed from its present location to the place of
holding justices' courts in the 4S9th district G. M.
Mr. Calhoun offered the following amendment, which was
agreed to:
That for the convenience of voters, a precinct is hereby es¬
tablished at the house of John Harris, on fractional lot number
17, in the district known as the River district, in the county of
Muscogee.
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 time
of holding the superior courts in the county of Macon.
The report was agreed to, and the bill was lost.
The Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives to incorporate
Unity Lodge No. 36, of Jackson county, Georgia.
Mr. Hardeman moved to amend by adding the following
words:
" Connected with the objects of their association"—which
was agreed to.
The report, as amended, was agreed to—the bill was read
the third time, and passed.
SENATE.
363
The Senate took up, as the report of the Committee of the
Whole, ' ,
The hill of the House of Representatives for the relief of
Abel Lewis, of the county of Burk, and his securities.
Mr. Miller offered the following amendment, whidh was
agreed to:
And be it further enacted, That William W. Seals be, and
he is hereby released from all liability on a judgment in favor
of the State for one thousand dollars, obtained in the Superior
Court of Camden county, at April term, 1S44, on a forfeited re¬
cognizance made by Alexander J. Hunter, William W. Seals
and HenryHines. Provided, That a majority of. the Justices
of the inferior court of said county pass an order giving their
consent to such discharge, and that all costs are paid by said
William W. Seals.
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 and point
out the mode of inheritance in certain cases therein mentioned.
Mr. Miller moved to. amend the first section, by striking out
the words, " under the law existing before the passage of this
act."
Also, to amend the second section, by striking out the words
" her share would hereafter have vested," and inserting in lieu
thereof, the words " said property would vest under existing
laws"—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 add lot number
eighty, in the twenty-fourth district and third section, to the
county of Floyd, and to change the line between the counties of
Floyd and Cass, so as to include the residence of certain per¬
sons therein named within 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 of the House of Representatives to alter and amend
the several acts now in force in relation to the taking of Sher¬
iffs' bonds, so far as relates to the several counties composing
the Cherokee Circuit, and to point out the duty of the Judge
of the Superior Court of said Circuit in relation to the same.
Mr. Miller moved to amend, so as to include the whole State,
which was carried.
364
journal of the
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 Jas¬
per Lodge No. 8, of the United Ancient Order of Druids, loca¬
ted and working in 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 of the House of Representatives to change the pla¬
ces of holding elections in the counties of Cobb, Pike and
Bibb.
Mr. Hardeman moved to strike out the fourth section, to
wit:
And he it further enacted by the authority aforesaid, That
the precinct in Bibb county now established at the residence of
Robert Johnson, in the Hazard district, Ac.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 19, nays 20.
Those voting affirmatively are Messrs. Boynton, Brown,
Calhoun, Crawford, Curry, Gignilliatt, Hardeman, Harris,
Hines, Kenan, Wesley King, Long, McGahagan, Miller, Mitch¬
ell, Moody, Nickelson, Reynolds, Ridley.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Colley, Cone, Field, Hackett, Hill, Jackson,
Jones, Kellogg, John M. King, Lee, Martin, McGreggor, Mur-
phey, Smith, Stell, Wilcox, Wofford.
So the motion to strike out was lost.
The report 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.
The Senate took up, as the report of the Committee of the
Whole,
SENATE.
365
The bill of the House of Representatives to extend the Wes¬
tern and Atlantic Rail Road of the State of Georgia, and to
provide means therefor.
Mr. Hardeman offered the following amendment, as a provi¬
so to the 1st section, which was agreed to :
Provided, If the profits of the Road will allow a further ex¬
tension, his Excellency the Governor is authorized to use said
profits to such extension.
Mr. Murphey offered the following amendment, as an addi¬
tional section, which was agreed to :
And be it further enacted, That if the profits of the Road
should be insufficient to complete the said Road to Cross Plains,
and to equip the same for use, within two years, it shall and
may be lawful for the Governor to issue bonds, signed by him¬
self, and countersigned by the Chief Engineer, payable within
ten years after date, and bearing an interest of six per cent, per
annum, payable annually, for such sum, not exceeding sixty-
five thousand dollars annually, as may suffice for such exten¬
sion and equipment, and dispose of the same for at least their
nominal value, to be applied to the purpose herein before indi¬
cated; and the said Western and Atlantic Rail Road shall be
pledged for the payment of said bonds, and the net profits
thereof applied to the payment of the principal and interest
thereof; but the State shall be no further bound therefor, and
such limited liability shall be clearly expressed in said bonds;
and in case said bonds, or any of them, shall be unpaid at ma¬
turity, the Chief Engineer shall be considered as a Trustee in
possession, for the use of the holders of said bonds, and may be
held to account by them, in the Superior Court of the county of
his residence, for the profits of said Road.
Mr. Hackett moved to amend, by inserting after the words
"Cross'Plains," the words "and no further"—which was car¬
ried.
Mr. Stell moved to re-commit the report, as amended—which
was lost.
The report, as amended, was agreed to—and on the question
" shall this bill now pass,"
The yeas and nays were required to be recorded, and are—
yeas 23, nays IS.
Those voting affirmatively are Messrs. Boynton, Calhoun,
Crawford, Curry, Gignilliatt, Hackett, Hardeman, Harris, Hines,
Jackson, Kenan, Wesley King, Long, McGahagan, Miller,
Mitchell, Moody, Murphey, Nickelson, Reynolds, Ridley, Smead,
Smith.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Colley, Cone, Field, Hill, Holderness, Jones,
366
JOURNAL OF THE
Kellogg, John M. King, Lee, Lewis, Martin, McGreggor, Stell,
Wilcox, Wofford.
So the bill was passed.
On motion of Mr. Calhoun, the Senate took up the amend¬
ment of the House of Representatives to the bill of the Senate
to incorporate the Fire Company of Columbus, to be known by
the name and style of the Columbus Engine Company No. 2,
and concurred therein.
On motion of Mr. Cone, the Senate receded from its amend¬
ment to the bill of the House of Representatives to alter
and amend the 3d section of the 2d article of the Constitution
of this State.
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 Robinson, Jun., of the county of Forsyth.
Mr. Hardeman offered the following amendment to the first
section, which was agreed to :
Provided, The said William Robinson return the grant he
has, to be cancelled.
The report, as amended, 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 add a part of
the county of Ware to the county of Irwin, and to change the
residence of Eli Tickers; also, to add the residence of Calvin
Q,uinn and William G. Taylor, of the county of Telfair, to the
county of Appling, and also to add lot of land number four
hundred and fourteen, in the seventh district of Irwin, to the
county of Baker, the same being the residence whereon Fulton
Kemp now resides.
Mr. Hardeman moved the indefinite postponement of the re¬
port—which was carried.
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 Marthasville, in DeKalb county, to that of Atlanta; also, to
change the election precinct now held at the house of Charner
Umphries, known as the White-hall precinct, to Atlanta.
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 several acts establishing the several election precincts in
the county of Floyd.
SENATE, 367
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
manner of holding elections in Chatham comity, and the
charter elections 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 of the House of Representatives- to authorize the
justices of the inferior court of Cobb comity to levy an extra
tax on the citizens of said comity, for certain 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 make penal and
to punish any unlawful interference with, or molestation of
the Western and Atlantic Rail 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 authorize and
require the justices of the inferior court of the county of
Mcintosh to pay the several petit jurors who may hereafter
serve as aforesaid.
On motion of Mr. Gignilliatt, 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 restrict the
amount of tax fees received by attorneys at law for suits on
certain notes.
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 amend the sev¬
eral acts incorporating the town of Rome, in the county of
Floyd, and to define more particularly the powers of the com¬
missioners of said town.
The report was agreed to—the bill was read the third time,
and passed.
The Senate took up, as the report ot the Committee ot the
Whole, „ „ . _
The bill of the House of Representatives to repeal so much
368
JOURNAL OF THE
of an act assented to 9th December, 1839, consolidating the
offices of tax collector and receiver in certain counties therein
named, as relates to 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 compel the
clerks, and their successors in office, of the superior, inferior
and courts of ordinary of the county of Irwin, to hold their
offices at or within one mile of the court-house.
Mr. Wilcox moved the indefinite postponement of the re¬
port—upon which motion,
The yeas and nays were required to be recorded, and are—
yeas 21, nays 17-
Those voting affirmatively are Messrs. Thomas F. An¬
derson, Beall, Cone, Hackett, Hill, Holderness, Jackson,
Jones, Kellogg, John M. King, Lee, Lewis, Martin, Mc-
Greggor, Miller, Mitchell, Murphey, Smith, Stell, Wilcox,
Woft'ord.
Those voting negatively are Messrs. Roynton, Calhoun,
Crawford, Curry, Gigniiliatt, Hardeman, Harris, Hines,
Kenan, Wesley King, Long, McGahagan, Moody, Nickel-
son, Reynolds, Ridley, Smead.
So the motion was carried.
The Senate took up, as a report of the Committee of the
Whole, *
The bill of the House of Representatives to amend the char¬
ter of the Medical College of Georgia, and to exempt the Fac¬
ulty and Students of said Institution from jury and militia
duty during the collegiate term.
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 alter and amend
the several acts heretofore passed for the incorporation and
government of the town of Marietta, in the county of Cobb.
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 and
require the Surveyor General to issue a grant for fraction num¬
ber 166, in the fifteenth district of Decatur county, to Daniel
Belcher.
SENATE.
369
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 establish
sundry election precincts in the counties therein named, and to
remove and abolish sundry other election precincts therein spe¬
cified.
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 Commercial Bank, at 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 of the House of Jlepresentatives to authorize and
require his Excellency the Governor to furnish to Irwin coun¬
ty five copies each of Prince's Digest and of the Georgia
Justice.
The report was agreed to, and on motion of Mr. Miller, the
bill was indefinitely postponed.
The Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives to amend the char¬
ter of the city of Columbus, and to amend an act entitled an
act to amend the several acts of the Legislature of this State
incorporating the city of Columbus, in the county of Muscogee,
and to lay off said city into wards, and to point out the manner
of electing the mayor and aldermen thereof, passed in the
year 1837.
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
to compensate grand jurors in the county of DeKalb, assent¬
ed to Dec. 24th, 1S36, and for other purposes.
The report was agreed to—the bill was read the third time,
and passed.
The Senate took up, as a report of the Committee of the
Whole, . , .
The bill of the House of Representatives to change the time
of holding the inferior courts of the county of Pulaski.
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, t * j
The-bill of the House of Representatives to amend an act
47
370
JOURNAL OP THE
entitled an act to incorporate the Irwinton Bridge Company,
and to regulate the rates of toll thereof.
Mr. Miller offered the following amendment, which was
agreed to :
And be it further enacted, That the City Council of Augus¬
ta shall henceforth have full power and authority to regulate
Ferries, and the transportation, in boats or other craft, across the
Savannah river, opposite to said city, receiving such income
therefrom as they may deem reasonable; and for such pur¬
pose, and the preservation of their rights as owners of the Bridge
across said river, shall be authorized to pass and carry into ex¬
ecution all such ordinances as may be necessary, not inconsist¬
ent with the laws of this State or of the United States.
Mr. McGahagan offered the following amendment, which
was agreed to :
And be it f urther enacted, That the right to continue and
keep a ferry at the place known as "Hudson's Ferry," on the
Savannah river, in Scriven county, be, and the same is hereby
granted to Elizabeth Jones, her heirs and assigns, with power
and authority to receive toll after the rates which have been
usually charged and collected for crossing at said ferry.
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 authorize and
require the Judge of the middle circuit to draw a new set of
Jurors for any extra term of the Superior Com;, so far as re¬
lates to the county of Washington.
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 ot
John R. Cotting, military store keeper at Milledgeville.
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 all that part
of Lumpkin county lying North ol the Blue Ridge, to the coun¬
ty 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 of the House of Representatives to incorporate the
Muscogee Rail Road Company, and to punish persons who
may violate the provisions of the same.
SENATE.
Mr. Stell offered the following amendment:
And be it further enacted, That the private property of the
stockholders shall he jointly and severally bound for the debts
of the incorporation; and any and all transfer or transfers
made within twelve months immediately preceding any failure
thereof, then and in that case, the same shall be deemed frau¬
dulent and void.
And on motion to agree thereto,
The yeas and nays were required to be recorded, and are
yeas 14, nays 20.
Those voting affirmatively are Messrs. Thomas F. Anderson,
Beall, Field, Hill, Jones, Kellogg, John M. King, Lee, Lewis'
Martin, McGreggor, Stell, Wilcox, Wofford.
Those voting negatively are Messrs. Boynton, Calhoun, Col-
ley, Cone, Crawford, Curry, Hardeman, Harris, Holderness,
Jackson, Wesley King, Long, McGahagan, Miller, Moody,
Murphey, Nickelson, Reynolds, Ridley, Smead.
So the amendment was lost.
The report was agreed to, and on the question " shall this
bill now pass,"
The yeas and nays were required to be recorded, and are—
yeas 21, nays 14.
Those voting affirmatively are Messrs. Boynton, Calhoun,
Colley, Cone, Crawford, Curry, Hardeman, Harris, Holderness,
Jackson, Jones, Wesley King, Long, McGahagan, Miller, Moody,
Murphey, Nickelson, Reynolds, Ridley, Smead.
Those voting negatively are Messrs. Thos. F. Anderson,
Beall, Field, Hill, Kellogg, John M. King, Lee, Lewis, Martin,
McGreggor, Smith, Stell, Wilcox, Wofford.
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 authorize the
Sheriff of Dooly county to advertise his sales in his Judicial
Circuit, or in the city 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 of the House of Representatives to repeal an act to
regulate the election and pay of county treasurer for the
counties of Bibb and Upson, and to render ineligible any of
372
JOURNAL OF THE
the justices of the inferior court of said counties to said appoint¬
ment, so far as relates to the county of Bibb, assented to 9th
December, 1843.
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 en¬
titled an act to incorporate Oglethorpe University.
Mr. Beall offered the following amendment, which was
agreed to:
Be it further enacted, That the act passed in 1829, amended
in 1832, and again amended in 1835, incorporating the Carroll
County Academy, at Carrollton, be, and the same are hereby
revived and made of full force and effect, and the acts and do¬
ings of the late trustees are hereby made valid, and of full
force.
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 remove and es¬
tablish certain election precincts, in certain counties therein
named.
Mr. Cone moved the indefinite postponement of the report.
On which motion,
The yeas and nays were required to be recorded, and are—
yeas 18, nays 18.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Colley, Cone, Hill, Holderness, Jackson, Jones, Kel¬
logg, John M. King, Lee, Martin, McGreggor, Murphey, Smith,
Stell, Wilcox, Wofford.
Those voting negatively are Messrs. Boynton, Calhoun, Craw¬
ford, Curry, Gignilliatt, Hardeman, Hines, Kenan, Wesley
King, Long, McGahagan, Miller, Mitchell, Moody, Nickelson,
Reynolds, Ridley, Smead.
There being a tie, the motion was lost.
Mr. Jones moved to strike out the county of Lowndes—
which was carried.
Mr. Holderness moved to strike out the county of Houston—
which was carried.
The report was agreed to—the bill was read the third time,
and passed.
On motion, the Senate adjourned until half past 6 o'clock,
this evening.
senate.
373
Half Past Six O'Clock, P. M.
The Senate met pursuant to adjournment.
On motion of Mr. Lee, the order was suspended, and the
following resolution, heretofore offered by himself, was taken
up:
Resolved by the Senate, That the President appoint a com¬
mittee of three members to bring up the unfinished business
of the session; and that they receive three days pay for the
same.
Mr. Lee moved to strike out three, and insert five, in lieu
thereof—which was lost.
So the resolution was agreed to—and the president appoint¬
ed as that committee Messrs. Lee, Murphey and Kenan.
The following Message was received from the House of
Representatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have concur¬
red in the amendments of Senate to the following bills vof the
House of Representatives, to wit:
A bill to alter and amend an act to provide for the indigent
deaf and dumb of this State, also to provide for the appointment
of a commissioner, to regulate his duties, affix his salary, and
appropriate monies therefor, by changing the place of education,
and for other purposes.
A bill to provide for the removal of the county site and pub¬
lic buildings of Scriven county, and to fix a new county site, to
build a new court house, and for other purposes.
A bill to relieve Green T. Partin, of the county of Pike, and
State of Georgia, from the disabilities of a matrimonial con¬
nection now existing between him, the said Green T. Partin,
and Mary Partin, his wife, of the State of North Carolina.
They have also concurred in the amendments of Senate to
the bill of the House " to appropriate money for the political
years 1846 and 1847," with an amendment to the 43d section;
to which they ask the concurrence of the Senate.
They have refused to concur in other amendments of Senate
to the same, and ask that the Senate will recede from their said
amendments thereto.
They have also agreed to the following resolutions, to wit :
A resolution relative to certain mail routes therein named.
A resolution relative to Wm. A. Hotchkiss' Codification of
the Statute Laws of Georgia.
A resolution to furnish the county of Marion with certain di-
£?ests.
A resolution relative to a Window in the North-east room of
the Capitol.
3 74
JOURNAL OF THE
A resolution relative to the distribution of the Laws and
Journals.
A resolution for the distribution of certain digests.
A resolution to authorize the publication of the report of the
Commissioners appointed to investigate the affairs of the Cen¬
tral Bank.
A resolution to authorize the use of certain papers of file in
the several offices of the State House, on certain conditions.
A resolution relative to the arms of the Savannah Volunteer
Guards.
A resolution relative to the removal and erection of a certain
building on the Penitentiary lot, for the use of the Assistant
Keeper of the Penitentiary.
To which they ask the concurrence of this branch of the
General Assembly.
Mr. Jackson, from the Committee on the State of the Repub¬
lic, made the following report, which was taken up, read and
agreed to:
The attention of the Committee has been particularly direct¬
ed to the memorial or declaration of the General Assembly of
the commonwealth of Massachusetts, in relation to the difficul¬
ties which have originated between the authorities of that State,
and those of South Carolina and Louisiana, and while they
regret the occasion which so imperiously calls upon Georgia, as
one of the sister States, deeply and gravely interested in the
results, to avow her solemn convictions of the merits of the
controversy, they nevertheless, feel it to be thejr bounden duty
to speak out freely and frankly npon this, as upon all other
questions involving a mutual feeling and reciprocity of inter¬
est among the sister States of this Union. And although we
do not feel warranted, nor deem it necessary at the present, to
enter upon an elaborate argument of the questions at issue, be¬
tween the authorities of the commonwealth of Massachusetts
and the aggrieved, we, however, feel bound now to declare our
most perfect concurrence in, and adherence to a precept of gov¬
ernment, upon which South Carolina and Louisiana have pre¬
dicated their defence and justification, and involving the prin¬
ciples which we are pleased to see, that Massachusetts herself,
by her proper authority, in her memorial sanctions, to wit: " That
if there be any force in the concurring sentiments of all au¬
thorities upon the nature and end of Government, there is no
principle more clear than this, that it is the indispensable duty
of a State to do every thing within its power that may protect its
members against wrong."
This principle we most willingly and unreservedly adopt as
the rule of our action, and upon this, are willing to take issue
in common with our sister States, against the course adopted by
the authorities of the commonwealth of Massachusetts. The
question whether free negroes should be considered in the light
of citizens or not, is one that the Constitution fixes, and the States
SENATE.
375
may determine for themselves; one, too, which the State author¬
ities long since have determined. It is enough, however, to
advert to the fact, that the States-of South Carolina and Louis¬
iana, in the exercise of their sovereign rights, have determined
and published to the world long since, that they did not regard
them as citizens, of which the authorities of Massachusetts
could not have been ignorant at the time of her aggressions.—
The people of South Carolina, Louisiana and Georgia, as well
•as of all the States, claim the right of thinking for themselves.
And with due regard for the opinions of mankind, and the
highest respect for the Committee, acknowledged by all civil¬
ized communities as the rule of conduct towards one an=
other, we ask, what else could South Carolina and Louisiana
have been expected to do under the circumstances, and how
else could they have discharged the high obligations which they
owed to their offended citizens, when their peace and safety
were almost daily endangered by the machinations of unscru¬
pulous emissaries, operating secretly, though actively, under
-the pretence and guise of business occupations ? Could South
Carolina and Louisiana, and should Georgia remain unmind¬
ful of the high and paramount obligation of self protection,
when the peace, harmony, and lives of their citizens afe me¬
naced ? And have not the States the right to adopt, within
the pale of the Federal Constitution, such means of prevention
-and defence as they in their wisdom may deem necessary and
proper ? If they have not, then have we entered the solemn
compact in vain, and vain our appeal to that hallowed instru¬
ment or the laws of nations for redress. We, the people of
the slave-holding States, claim nothing but what we believe to
be essential, vitally necessary forathe protection of our peace,
property and lives, nothing but what we conscientiously believe
is guaranteed to us by the compromises of the Federal Consti¬
tution, and nothing, the acquiescence in which can be deroga¬
tory to the welfare, or tarnish the dignity or honor of any sister
State of the Confederacy.
The people ©f the State of Georgia cherish -a deep and un¬
abated devotion to the union of the States, and the inestimable
blessings of our happy Institutions, and for the perpetuity of the
peace and harmony which they so anxiously desire to pro¬
mote, they pledge to their sister States, and to the world, their
-solemn faith, that they will for the future, as they have here¬
tofore done, conform to the principle which exacts nothing but
what is strictly right, nor submits to any thing that is evidently
wrong.
Be it therefore resolved,, That the course pursued by the
States of South Carolina and Louisiana in the recent instances in
which the commonwealth of Massachusetts had manifested a
disposition, by sending a special Agent into those States to in¬
terfere with their sovereign rights and constitutional domestic
legislation, has met, and will receive our most hearty co-ope-
376
JOURNAL OF THE
ration, should a similar indignity and injury be offered to the
sovereignty and safety of our own, or any other sister State of
the Union.
And be it further resolved, That his excellenc y the Gov¬
ernor be requested to transmit copies of these resolutions to our
Senators and Representatives in Congress, and the Executives
of the several States.
The Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives to authorize Na¬
than Mattox to build a mill dam across Broad River, on his own
land.
Mr. McGreggor offered the following amendment, which
was agreed to:
And be it f urther enacted, That the owner of lot number
268, in the 16th district of the 3d sectiou of originally Chero¬
kee, now Cass county, be permitted to erect a dam across the
Etowah river, on said lot, for manufacturing and milling pur¬
poses. Provided, That said dam shall not be constructed in
such a manner as to obstruct the navigation of said river, if
hereafter it should be attempted under legislative authority to
render the same navigable.
And be it further enacted, That the water privileges ex¬
tended to the present owner of said lot of land, shall follow
and accompany any conveyance, in fee simple, of said lot of
land.
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 Oglethorpe Insurance and Trust Company, of the city 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 of the House of Representatives to give to mothers
certain rights in relation to the guardianship and custody of their
minor children.
Mr. Hardeman moved to amend by inserting the follow¬
ing words, to come in after the words Judge of the Superior
Court:
" Or the Justices of the Inferior Court, or a majority of them?
in the absence of the Judge of the Superior Court'7—which was
agreed to.
The report, as amended, was agreed to—the bill was read!
the third time, and passed.
SENATE.
3 77
The Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives to add lots of land
numbers 247 and 248, in the eleventh district formerly Henry,
now DeKalb county, to the county of Newton.
Mr. Kenan offered the following amendment:
Be it enacted, 6fc. That the line dividing the counties of
Hancock and Taliaferro shall commence, as now established,
at the point of intersection of the road leading from Greenes-
borough to Powelton, by the line between Greene county and
said county of Taliaferro, thence to run down the centre of said
road to a noted marked mulberry tree, on the side of said road,
above the residence of Malcolm Johnston, thence to RudisilFs
mill, on Powell's creek, thence down said creek to the Ogechee
river. Provided, That the said Malcolm Johnston, made a
citizen of the county of Hancock by this act, shall, as hereto¬
fore, perform road duty and pay taxes in the county of Talia¬
ferro.
On motion of Mr. Hardeman, the report and amendment
were indefinitely postponed.
The Senate took up the report of the Committee of the
Whole on the bill of the House of Representatives,
To amend the Police of the Penitentiary, to authorize
an increase of the wages of several of the officers herein nam¬
ed, to allow the Governor, if necessary, in his judgment, to draw
from the treasury the remainder of the appropriation of 1843,
and to apply the same to the use of the Penitentiary, and to
compensate John Hadder out of the money now in the treasury
for the use. of the Penitentiary.
On motion of Mr. Whitfield, the report was taken up by sec¬
tions.
The first section having been read, as follows—
Be it enacted by the Senate and House of Representatives of
the State of Georgia, in General Assembly met, and it is here¬
by enacted by the authority of the same, That from and after
the passage of this act the law requiring the Principal Keeper,
Book Keeper and Inspector of the Penitentiary to make quar¬
terly and annual reports, by abstracts, be, and the same is here¬
by repealed; and that hereafter their several reports be made
without abstracting—
And on motion of Mr. Wofford, it was stricken out.
The second section was read and agreed to.
The thirdxsection being read, as follows—
And be it further enacted by the authority aforesaid, That
the salary of the Principal Keeper shall hereafter be sixteen
hundred dollars per annum ; the salary of the Assistant Keep¬
er shall be eight hundred dollars per annum; and that ihe
salary of the Overseers, not exceeding four in number, shall be
each four hundred dollars per annum.
48*
373
JOURNAL OF THE
And on motion of Mr. Wofford, the same was stricken out.
And on motion of Mr. Calhoun, the report was laid on the
table until to-morrow morning.
The following hills of the House of Representatives were
taken up, read the second time, and referred to a Committee
of the Whole:
A bill to prohibit colored mechanics and masons, being slaves
or free persons of color, from making contracts for the erection
of buildings, &c., and prescribing punishment for violations of
this act.
A bill to authorize parties to traverse all returns made by
justices of the inferior courts or justices of the peace 011 certio¬
rari.
A bill to authorize the inferior courts of the comities of Tel¬
fair and Ware to appoint fit and proper persons, and to have
the line between said counties run and marked out plainly.
A bill for the relief of B. W. Castleberry, of Forsyth county.
A bill to remit a forfeiture incurred by James J. Davis.
A bill to provide for the correcting of errors committed by
receivers of tax returns in receiving taxable property, or in as¬
sessing the taxes payable thereon.
A bill to incorporate Curtright Manufacturing Company.
A bill to change the line between the counties of Pike and
Henry, so as to add lots of land number 123,129 and 160, in
the 3d district of Henry county, to the county of Pike, and to
change the residence of certain persons therein named.
A bill to repeal an act passed 20th December, 1334, to keep
open Central Hatchie Creek, in the county of Heard.
A bill to alter and amend the third and seventh sections of
the third article of the Constitution.
A bill for the relief of James M. Davis, of the county of
Talbot.
A bill to change and fix the times of holding the superior and
inferior courts of the county of Upson.
A bill to change and alter the time of meeting of the com¬
missioners of public roads of Chatham county.
A bill to reduce the Sheriffs' bonds in Sumter county.
A bill for the relief of Benjamin Williamson, of the county
of Scriven.
A bill to regulate the empanneling of Grand and Petit Jurors
in the county of Camden.
A bill to release and discharge John Temples from all lia¬
bility of the payment of the prosecution bond signed by him
as security.
A bill to incorporate the Rock Island Manufacturing Com¬
pany. •
A bill to authorize Hezekiah R. Foote to build a mill dam
aci'oss the Chattahoochee river, at or near''the place where the
Western and Atlantic Rail Road crosses the same; and to au-
SENATE.
379
thorize Johnson P. Wellborn, of the county of Union, to build
a mill dam across Notley river, in the county of Union.
A bill to authorize D. R. Turner, James L. Mason, Mark
Waits, Wesley Mayfield and Coleman Pitts to establish Fer¬
ries across the Chattahoochee and Etowah rivers, on their own
lands.
The following bills of the House of Representatives were
taken up, and read the first time :
A bill more particularly to define the line between the coun¬
ties of Hancock and Taliaferro, and to add the residence of
Malcom Johnson to the county of Hancock. '
And on motion of Mr. Harris, the same was laid on the ta¬
ble the balance of the session.
A bill to incorporate the Athens Manufacturing Company.
A bill to authorize the inferior court of Lee county to levy an
extra tax for the year 1S46, for the purpose of building a jail,
repairing the court-house, and for other purposes therein na¬
med.
A bill to authorize the Justices of the inferior court of the
county of Lowndes to compensate Simeon Strickland for teach¬
ing poor children in said county, in the year 1843.
A bill to change the county line between the counties of
Macon and Crawford.
A bill to reduce the Sheriffs' bonds of the counties of Telfair
and Macon.
The following preamble and resolution were taken up, read
and concurred in.
Whereas, Samuel B. Webb was receiver of tax returns and
tax collector of the county of Pulaski for the year 1841, and
as such receiver made due returns of his Digest to the Comp¬
troller General, who thereupon granted him a certificate of the
commissions due him, as such receiver, upon his said Digest,
amounting to the sum of one thousand and fifty dollars and se¬
venty-four cents, allowing him commissions on his defaulting
list; and whereas the said Samuel B. Webb collected and ex¬
pended said money for his own use, in good faith and in accor¬
dance with said certificate from the Comptroller General; and
whereas the said Comptroller General afterwards revoked said
certificate, deciding that receivers were not entitled to commis¬
sions on their defaulting list, and issued execution against said
Webb and his securities, upon which said Webb has paid the
principal and legal interest, and the said execution has been
suspended by Executive order—
Be it resolved by the Senate and House of Representatives
of the State of Georgia, in General Assembly met, That the
Comptroller General be, and he is hereby authorized and re¬
quired to cause the execution issued against Samuel B. Webb,
tax collector of Pulaski county, and his securities, to be return¬
ed to his office and entered satisfied.
Mr. Miller offered the following resolution, which was taken up:
380
JOURNAL OP THE
Resolved by the Senate and House of Representatives of the
State of Georgia, That the Secretary of State, under the di¬
rection of the Governor, be, and he is hereby directed to com¬
plete all incomplete records in his office, so far as there are the
means in his office of ascertaining and correcting defects.
Mr. Cone offered the following amendment, which was
agreed to :
Provided, This resolution shall not authorize the signature
of any one of the Governors, where the same is omitted in head
right grants.
The resolution, as amended, was agreed to.
Leave of absence was granted to Messrs. Smead and Hack-
ett for the balance of the session, after to-day.
The Senate took up the following resolutions of the House
of Representatives, and concurred therein :
Resolved', That our Senators and Representatives in Con¬
gress be, and they are hereby requested to use all their influence
to cause a two-horse mail hack to be established from Dahlon-
ega, in Lumpkin county, by way of Ellijay, in Gilmer county,
to Spring Place, in Murray county, and back, twice a week.
Resolved, further, That his Excellency the Governor is
hereby requested to furnish each of our Senators and Repre¬
sentatives in Congress with a copy of these resolutions.
The Senate took up and concurred in the following pream¬
ble and resolution of the House of Representatives :
Whereas, there are now lying in the vaults of the Central
Bank some seven hundred thousand dollars of the Bills of the
Bank of Darien—
Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That his Excel¬
lency the Governor be empowered to employ some suitable
person to make a correct register of the same, and when done,
that the said Bills be burned, under the superintendence of the
Governor, Treasurer and Director of the Central Bank.
The Senate took up the following resolution of the House ol
Representatives :
Resolved by the Senate and House of Representatives of
the State of Georgia, in General Assembly met, That his Ex¬
cellency be, and he is hereby authorized and requested to send
to the county of Marion, with the Laws and Journals of the
present session of the General Assembly, five copies of Green
Lumpkin's Georgia Justice, and also, five copies of Prince's
Digest, for the use of the several officers in said county.
Mr. Miller offered the following amendment, which was
agreed to:
" Also, five copies, each, to Irwin county."
The resolution, as amended, was concurred in.
SENATE.
381
The following resolution of the House of Representatives
was taken up, read and concurred in:
Resolved, That such person, so appointed to carry the Laws
and Journals of the present session to each of the counties,
shall be authorized to carry and deposite with the Clerks of the
Inferior Courts of each county of this State, the Laws and
Journals, a copy of each, and deposite the same for the use of
each Senator and Representative of the present sessipn.
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
State of Georgia, That our Senators and Representatives in
Congress are hereby requested to use all their influence to cause
a two-horse mail hack to be established from Marietta, in Cobb
comity, by Roswell Factory, in said county, and by Social
Hall, in Cherokee county, Allenville, Cumming and Coal Moun¬
tain, in Forsyth county, and by Crossville and Auraria to Dah-
lonega, in Lumpkin county, and back, twice a week. Also, a
post route from Cassville, via Felix G. Dennaw's, Joseph M„.
Ferrell's and Lowry's Bridge, to Holly Creek, in Murray
county.
And be it further resolved, That his Excellency the Governor
be, and he is hereby requested to furnish to each of our Senar-
tors and Representatives in Congress a copy of these resolu¬
tions.
The Senate took up the following preamble and resolution
from the House of Representatives, and refused to concur in
the same:
Whereas, it is frequently necessary to have original papers
which are of file in the several State House Offices, in the
Courts of Justice, to* be used as testimony—
Be it therefore resolved, That his Excellency the Governor
be, and he is hereby authorized to permit any such papers to
be taken from any of the said Offices for the purposes aforesaid,
by requiring safe bonds and securities for the return of said
paper or papers.
The following resolution from the House of Representatives-
was taken up and read, and concurred in:
Resolved, That his Excellency the Governor be authorized
to cause a Window to be cut and fitted up in. the north room of
the Capitol, to wit, the room in which the Comptroller General's
Office is kept, so far as to make it correspond with the other
rooms of the building; and the expense of the work be paid
out of the contingent fund.
Mr. Smead moved to amend by striking out the following
words: «
"-And the expenses of the work be paid out of the contingent
func£J—which was agreed to.
382
JOUKNAL OF THE
The resolution, as amended, was concurred in.
The Senate took up the following resolution of the House of
Representatives:
Resolved by the Senate and House of Representatives of
the State of Georgia, in General Assembly convened, That the
sum of seventy dollars he, and the same is hereby appropriated
to Thomas Allen, for services rendered as Brigade Inspector,
for the year 1844, in the Second Brigade, Fifth Division,. Geor¬
gia Militia; and that the same be placed in the general appro¬
priation bill.
On motion of Mr. Miller, the following words were stricken
out:
" And that the same be placed in the general appropriation
bill."
And the resolution was then concurred in, as amended.
The following resolution of the House of Representatives
was taken up, read and concurred in:
Resolved, That his Excellency the Governor be authorized
to receive from the Captain of the Savannah Volunteer Guards
the Arms now in use by that corps, and to grant an order on
the Military Store Keeper for a new stand. Provided, The
Arms returned are in good order, and the said Captain shall
give the security as in such cases required.
The following resolution of the House of Representatives
was taken up, read and concurred in :
Resolved, That the Principal Keeper of the Penitentiary be,
and he is hereby required and directed to remove a house be¬
longing to the Penitentiary, not far distant from the walls of
the same, upon the lot belonging to the Penitentiary, on the
north side of the same, near said Institution, and to put the
house in a condition to make it convenient, as the house to be
set apart for the present Assistant Keeper and his successors;
with such other necessary buildings as the necessities of n
family require. Said work of removing and fitting up to be
done by the convicts, and out of the proceeds of the Peniten¬
tiary.
The following resolution from the House of Representatives
was taken up, read and concurred in:
Resolved, That his Excellency the Governor be, and he is
hereby requested to cause copies of Prince's Digest, Hotchkiss'
Codification and the Georgia Justice to be furnished to the Jus¬
tices of the Inferior Courts and Justices of the Peace of this
State, who are unsupplied with the same, upon their written
application, taking receipts therefor from the agent or person by
whom they are transmitted.
And be it further resolved by the authority aforesaid, That
his Excellency thd Governor be authorized and requested to
furnish to the Judge of the Sixth Circuit Court of the United
States, and to the Judge of the District of Georgia, copies of
SENATE.
383
the Laws of this State, copies of Hotchkiss' Codification, and
copies of the Reports of the Decisions of the Courts of Geor¬
gia.
Mr. Miller moved to amend by striking out first resolution—
which was agreed to.
The res6lution, as amended, was concurred in.
The following preamble and resolution of the House of Rep¬
resentatives was taken up and read:
Whereas, the Legislature at its last session authomed the
Governor to appoint Commissioners to examine into and report
upon the affairs and condition of the Central Bank, from its
commencement up to the present time ; and the said Commis¬
sioners were appointed and have duly reported the same, which
report is now in the hands of the Legislature; and whereas,
the publication of said Report will not only be matter of great
interest to the people of the State, but may be made the means
of effecting a great saving to the Bank—
Therefore resolved, That the report of said Commissioners
be printed and appended to the Laws of the present session of
the Legislature for the purpose of giving it a general circula¬
tion among the people of the State.
Mr. Miller moved to lay the same on the table for the balance
of the session.
On which motion the yeas ancl nays were required to be re¬
corded, and are—yeas 23, nays 12.
Those voting affirmatively are Messrs. Beall, Brown, Cal¬
houn, Cone, Crawford, Curry, Field, Gignilliatt, Hardeman,
Harris, Hill, Jackson, Wesley King, Lewis, McGahagan, Mc-
Greggor, Miller, Mitchell, Moody, Nickelson, Reynolds, Ridley,
Whitfield.
Those voting negatively are Messrs. Broaddus, Colley, Jones,
Kellogg,' John M. King, Lee, Long, Murphey, Smith, Stell,
Wilcox, Wofford.
So the resolution was laid on the table for the balance of the
session.
The following resolutions of the House of Representatives
were taken up, read and concurred in :
Whereas, his Excellency the Governor has subscribed for
two thousand copies of William A. Hotchkiss' Codification of
the Statute Laws of the State of Georgia; and whereas, the
said Codification will be here in time for them to be distributed
with the Acts and Journals of the present session—
Therefore be it resolved, That his Excellency the Governor
cause the two thousand copies to be distributed according to
the number of civil officers in each county, and that he cause
them to be sent with the Acts and Journals of the present ses¬
sion, and directed to the Judges of the Inferior Court, to be dis-
3S4
journal of the
tributed among the civil officers of the county according to their
judgment of propriety.
The following resolutions of the House were taken up, and
laid on the table for the balance of the session:
A resolution to authorize his Excellency the Governor to
draw his warrant on the Treasury in favor of the Mayor of the
city of Macon, for suppressing small pox.
Also, the resolution in relation to A. E. Cochran, A. A. Park,
and others, late extra Clerks in the Secretary of State's Office,
Surveyor General's and Comptroller General's.
Also, the resolution in favor of the executors of Stephen
Grice, of Henry county.
The Senate took up and receded from its amendment to the
bill of the House appropriating money for the political years
1846 and 1847, with reference to teachers of poor children in
Washington county.
On motion, the Senate adhered to its amendment appropria
ting eleven hundred dollars to pay Brigade and Division In¬
spectors, hitherto unpaid.
On motion, the Senate adjourned until half past 9 o'clock,
to-morrow morning.
WEDNESDAY, December 24, 1845.
The Senate met pursuant to adjournment.
The Senate took up the majority and minority reports of the
Joint Standing Committee on the Penitentiary, and after spend¬
ing some time thereon,'
On motion, they were laid over 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 the po¬
lice of the Penitentiary, to authorize an increase of the wa¬
ges of several of the officers herein named, to allow the Gov¬
ernor, if necessary, in his judgment, to draw from the treasu¬
ry the remainder of the appropriation of 1843, and to apply the
same to the use of the Penitentiary, and to compensate John
Hadder out of the money now in the treasury for the use of
the Penitentiary.
The report, as amended yesterday, 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,
■SENATE.
385
The bill "©f the House of Representatives for the relief cf
B. W. Castleberry, of Forsyth county.
Mr. Jno. M. King offered the following amendment, which
was agreed to:
Whereas, lot number 79, in the 5th district of Henry, was
drawn by Henrietta Weaver, orphan, and by a delusive entry
upon the books of the Executive department, it appears that
said lot was granted previous to.the expiration of the time for
.granting the same, by means whereof the fortunate drawer
thereof became debarred from the right to obtain said grant-
therefore,
Be it further enacted, That his Excellency the Governor be,
and he is hereby authorized and required to cause the grant to
be issued to the said fortunate drawer of lot number 79, in the
5th district of Henry county, upon the payment of the present
grant fee.
The report, as amended, was agreed to—and on the question
shall this bill now pass,"
The yeas and nays were required to be recorded, and
are—yeas 24, nays 9.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Brown, Colley, Cone, Field, Harris, Hill, Holderness,
Jackson, Jones, Kellogg, John M. King, Lewis, Martin, McGa-
hagan, McGreggor, Miller, Murphey, Nickel son, Smith, Stell,
Wilcox, Wofford.
Those voting negatively are Messrs. Calhoun, Crawford,
Gignilliatt, Hardeman, Wesley King, Long, Moody, Reynolds,
Ridley.
So the bill was passed.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have concur¬
red in the amendments of Senate 'to the following bills of the
House of Representatives:
A bill to incorporate Unity Lodge No. 36, of Jackson coun¬
ty, Georgia.
A bill to give to mothers certain rights in relation to the
guardianship and-custody of their minor children.
^ A bill to amend an act entitled an act to incorporate Ogle¬
thorpe University.
A bill to remove and'establish certain election precincts in
certain counties therein named.
A bill to amend an act entitled an act to incorporate the Ir-
winton Bridge Company, and to regulate the rates of toll
thereof.
A bill to change and point out the mode of inheritance, in
certain cases therein mentioned.
49
386
JOURNAL OF THE
A bill for the relief of Abel Lewis, of the county of Burk.
and his securities,
A bill to establish an additional election precinct in the coun¬
ty of Cherokee.
A bill to alter and fix the time of holding the Inferior Courlr:.
of Ware county.
A bill to authorize Nathan.Mattox to build a mill dam acros:.
Broad river, on his own land.
A bill for the relief of William-Robinson, Jan., of the coun¬
ty of Forsyth..
A bill to authorize and require the Clerk and Treasurer of
the Poor School Fund of Dooly county to pay Jos. T. Webb,
for teaching poor children, out. of said Poor School Fund, and to
authorize the Commissioners of the Poor School Fund of the
county of Lowndes to pay Thomas W. Baker, of said county,
for teaching poor children in said county of Lowndes.
A bill to alter and amend the several acts now -in force in
relation to the taking of Sheriff's bonds, so far as relates to the
several counties composing the Cherokee Circuit, and to point
out the duty of the Judge of the Superior Courts of said Cir¬
cuit in relation to the. same.
They have also concurred in the amendment of Senate to
the bill of the House to extend the Western and Atlantic Rail
Road of the State of Georgia, and to provide the means therefor,
with an amendment to the amendment of Senate, to which
they ask the concurrence of the Senate.
And they have also refused to concur in the amendment of
Senate to the bill of the House to amend an act entitled an act
to amend an. act to alter and fix the times of holding the Su¬
perior Courts in the Eastern District of this State, assented to
26th December, 1837, assented to 23d December, 1840.
And ask the Senate to recede from their amendment.
They have also concurred, in the following resolutions of
Senate, to wit:
A resolution in relation to the publication of the decisions ol
the Supreme Court.
A resolution in relation to executions issued by the treasury
against the Bank of Milledgeville, and the Commercial Bank,
at Macon.
A resolutionin relation to mail routes in Bulloch county, and
from Bahlonegaj Ga., to Benton, Tenn.
A resolution in relation, to the duty on Rail Road Iron.
A resolution in relation to the Laws and Journals, and re¬
quiring the Governor to have certain Laws of this session pub¬
lished.
A resolution in relation to the Central Bank of Georgia,
A resolutionin relation to a National Armory, &c.
A resolution in relation to monuments over the graves of de¬
ceased members of the Legislature.
SENATE.
3S7,
A resolution in relation to the monument of Mr. Bsckam.
A resolution in relation to the fees of Comptroller General
md Treasurer.
A resolution in relation to the compilation, of the laws of
Georgia, by Howell Cobb, Esquire,-of Houston county.
A resolution asking Senators and Representatives in Con¬
gress to have the State lakh off in two Judicial Districts.
A resolution in relation to General Jackson and William H.,
Crawford.
A resolution relative to the assets of the Bank of Darien.
A resolution relative to the claim of the State of Georgia
against the United States.
A resolution authorizing the Secretary of State and State
Treasurer to employ Clerks after the first of January next, to.
aid in granting reverted lands, Ac.
A resolution in relation to the boundary between the States.
of Florida and Georgia.
A resolution in relation to a proposition of Massachusetts to
change the Constitution of the United States.
A resolution with .reference to the printing of the reports of
the Treasurer and Comptroller General.
A. re solution, for the appointment of commissioners, on the
Savannah River, &c.
They have also agreed to the following resolution, to wit:
A resolution authorizing his Excellency the- Governor to fur¬
nish the several counties therein named with certain digests.
A resolution relative to R. M. Orme and D. C. Campbell.,
To which they ask the concurrence of this branch of the
General Assembly.
Tney have also agreed to the following reports, to wit:
A.re port of the Committee on Banks on the case of Benjamin
T. Bethune.
A report of the select committee 011 the petition of Harper.
Tucker.
A. report of the Committee on Finance in relation to the me¬
morials of the Bank of the State of Georgia and Planters'
Baiak to which they also ask the concurrence of this branch
of the General Assembly.
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 Pike and Henry, so as to add lots No.
128 129 and 160, in the 3d district of Henry county, to the
county of Pike, and to change the residence of certain persons
therein named.
The report was agreed to—the bill was read the third time,
sincl p3iss6cL
On motion of Mr. .Crawford, the order was suspended, and
the Senate-took up the following amendment of the House of
388
JOURNAL OF THE
Representatives to the Senate's amendment of the bill of the
House of Representatives appropriating money for the support
of government for the political years 1846 and 1847, to wit:
To " strike out the Senate's amendment of ten thousand dol¬
lars for the payment of the debts of the Penitentiary, and in¬
sert sixteen thousand dollars."
And on the motion to concur in the amendments of the
House of Representatives,
The yeas and nays were required to be recorded, and are—
yeas 13, nays 18.
Those voting affirmatively are Messrs. Brown, Calhoun,
Crawford, Curry, Gignilliatt, Hardeman, Harris, Wesley King,
Long, McGahagan, Nickelson, Reynolds, Ridley.
Those voting negatively are Messrs. Thomas F. Anderson,
Beall, Broaddus, Colley, Cone, Field, Hill, Holderness, Jack¬
son, Jones, Lewis, Martin, McGreggor, Miller, Murphey, Smith,
Wilcox, Wofford.
So the Senate refused to concur.
The Senate took up and concurred in the amendment of the
House of Representatives to the amendment of the Senate to
the bill of the House to extend the Western and Atlantic Rail
Road of the State of Georgia.
On motion of Mr. Jackson,
The Senate took up the refusal of the House of Representa¬
tives to concur in the amendment of the Senate to the bill of
the House of Representatives to amend an act entitled an act
to alter and amend an act to alter and fix the time of holding
the Superior Courts of the Eastern District of this State, assent¬
ed to 26th December, 1837, assented to December 23d, 1840.
And on his motion to recede from the Senate's amendment,
The yeas and nays were required to be recorded, and are—
yeas 18, nays 15.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Broaddus, Colley, Cone, Curry, Field, Hill, Jackson,
Kellogg, John M. King, Lee, Martin, Murphey, Smith, Stell,
Wilcox, Wofford.
Those voting negatively are Messrs. Boynton, Brown, Cal¬
houn, Crawford, Gignilliatt, Hardeman, Harris, Long, McGa¬
hagan, Miller, Mitchell, Moody, Nickelson, Reynolds, Ridley.
So the Senate agreed to recede.
The Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives to authorize par-
SENATE.
389
ties to traverse all returns made by justices of the inferior court
or justices of the peace on certiorari.
And on motion, was indefinitely postponed.
The Sehate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives to prohibit colored
mechanics and masons, being slaves or free persons of color,
from making contracts for the erection of buildings, &c., and
punishment for violations of this act.
Mr. Jackson proposed to amend, by striking out the words
" not less than fifty dollars," in the 1st and 2d sections, and in¬
sert " at the discretion of the court, not exceeding two hundred
dollars"—which was agreed to.
The report, as amended, was agreed to—and on the ques¬
tion, " shall this bill now pass,"
The yeas and nays were required to be recorded, and are—
yeas IS, nays 7.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Broaddus, Brown, Calhoun, Cone, Crawford, Curry, Gig-
nilliatt, Hardeman, Jackson, Jones, Kellogg, John M. King,
Long, Martin, Miller, Moody, Reynolds.
Those voting negatively are Messrs. Beall, Colley, Hill, Wes¬
ley King, Lewis, Murphey, Smith.
So the bill was passed.
0
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk :
Mr. President—The House of Representatives have passed
the following bills of Senate, to wit:
A bill to allow to the late tax collector of the county of Irwin
his insolvent list.
A bill to incorporate the South-western Rail Road Company,
with power to extend branches to Albany, in the county of Ba¬
ker, and to Fort Gaines, in the county of Early, or to points be¬
low those places, on the Flint and Chattahoochee rivers, and to
punish those who may wilfully.injure the same, and to incor¬
porate the Columbus'and South-eastern Rail Road Company.
A bill to incorporate the proprietors of the Augusta Canal,
and to confirm certain Ordinances of the City Council of Au¬
gusta therein mentioned, and to punish those who may injure
their property. ^
A bill to incorporate the Augusta Manufacturing Company,
the Richmond Manufacturing Company, and the Georgia Man¬
ufacturing Company.
A bill to incorporate the Columbus Water Lot Company, m
the city of Columbus, to be called "The Water Lot Company
of the city of Columbus."
390
JOURNAL, OF THE
A bill to incorporate the town of Gumming, in the county of
'Forsyth, and for other purposes therein mentioned.
A bill to relieve James M. Ware, Henry Kingsberry, Jona¬
than Long, Joel J. Flanagan and P. H. Castleberry, of the
county of Paulding, from the payment of a recognizance or
penal bond.
A bill to grant the rights and.privileges of citizenship to Isa¬
bella Hicks and her children, of the Cherokee tribe of Indians,
and to remove all legal disabilities heretofore imposed on said
tribe, so far as respects the said Isabella Hicks and her de¬
scendants.
They have also passed the following bills-of Senate, with
amendments, to wit:
A bill to authorize Alexander®. Reese to erect a mill dam
from the Western bank to an Island in the bed of the Chatta¬
hoochee-river, and to authorize James Law to erect a toll bridge
across1 the Chattahoochee river.
A bill to authorize and require the justices of the inferior
■court of the county of Randolph to:pay to John B. -Sevell, a
teacher of poor children, his account for teaching poor children
in the years 1838 and-1839, from the poor school or education
fund, and to authorize the justices of the inferior court of Stew¬
art county to'remunerate Samuel Adams for money paid out
by him for teaching poor children under the common schodl
Jaw of 1839.
To which they ask the concurrence of this branch of the
General Assembly.
The Senate' took up and concurred in the amendment oi
'the House of Representatives to the bill of Senate to authorize
and require the justices of the inferior court of Randolph coun¬
ty to pay to John B. Sevell, a teacher of poor children, &c.
The Senate took up the amendments of the House of Rep¬
resentatives to the bill of Senate to authorize Alexander H.
Reese to erect a mill dam from the Western bank to an Island
in the bed of the Chattahoochee river, and to authorize James
Law to erect a toll-bridge across the Chattahoochee river—and
concurred therein.
The Senate took up, as-the report of the Committee of the
Whole,
The bill of the House of Representatives to authorize the
inferior courts of Telfair and Ware to appoint fit and proper
persons, and to have the line between said counties run and
marked out plainly.
The report was agreed to—the bill was read the third time,
andpassed.
The Senate fook up, as the report of the Committee of the
'Whole,
The -bill of the House of Representatives to incorporate
Curtright Manufacturing Company.
SENATE.
391
Mr. Miller offered the following amendment which was
agreed to:
And be it further enacted, That William Dearing, John S.
Linton, William L. Mitchell and others, their successors and
assigns, be, and they are hereby created and made a body pol¬
itic and corporate, by the name and style cf the Athens Manu¬
facturing Company, located in the county of Clark, with all the
rights, powers and privileges, and subject to all the liabilities,
■ limitations and restrictions that are, in and by this act, granted
to, and imposed upon the Curtright Manufacturing Company
and its stockholders.
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 House to - remit a forfeiture incurred by James
M. Davis.
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 11.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Brown, Colley, Curry, Hill, Jones, Kellogg, Long,
Martin, McGreggor, Miller, Murphey, Reynolds, Ridley, Smith,
Stell, Wilcox.
Those voting negatively are Messrs. Broaddus, Calhoun,
Crawford, Field, Gignilliatt, Hardeman, Wesley King, -Lew-
< is, McGahagan, Moody, Nickelson,'Wofford. *
So the bill was passed.
The Senate took up,-as the report of the? Committee of the
Whole,
The bill of the House to authorize D. R. Turner, James L.
'Mason, Mark Waits, Wesly May field arid Coleman Pitts, to es¬
tablish Perries across the Chattahoochee >and Etowah -rivers,
! on their own land.
Mr. Miller moved to lay ther'report > arid bill ori the'table
1 the balance of the session.
On which motion the yeas arid nays'Were -'required'to he re-
' corded, and are—yeas- JS, nays 10.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son Beall, Calhoun, Cone, Crawford, Curry, Field, Gignilliatt,
Hardeman, Harris Jones, Kellogg, 'John M. King, Wesley
'King, Lee, Miller, Moody, Nickelson, Ridley.
Those voting negatively are Messrs. Brown', Colley, Jackson,
''Lewis, Long, McGreggor, Smith, Wilcox, WOfford.
So the motion was carried.
392 v
SQVB.NA1. OP THE
The Senate took up, as the report of the Committee of the
Whole,
The hill of the House of Representatives to authorize Hez-
ekiah R. Foote to build a mill dam across the Chattahoochee
river, at or near the place where the Western and Atlantic Rail-
Pcoad crosses the same, and to authorize-Johnson P. Wellborn,
of the county, of Union, to build a mill dam across Notley riv¬
er, in 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 of the House to incorporate the Rock Island Man¬
ufacturing' Company;
Mr. Calhoun offered the following amendments,, which were
agreed to- :
And be it further enacted by the authority, aforesaid, That
Chas. D. Stewart, Edwin C. Chandler, Henry Y. Meigs and.
Julius R. Clapp, their heirs, assigns and legal representatives,
under the name and style of the Columbus Factory Company,
be, and they are hereby incorporated as a body corporate and
politic, with all the rights, privileges and restrictions mentioned
in tills act; with power and authority to keep up a dam, the-
same not extending.more than one third across the main chan¬
nel of the Chattahoochee, at or near where the Factory known,
as the Columbus Factory is now erected, and to use such por¬
tion of the water of said river, on its Eastern bank, as may he
necessary to propel the machinery now used, or hereafter put to
use in the manufacturing establishment aforesaid-.
Provided, That should the Legislature of Georgia hereafter
authorize the improvement of the navigation of the Chattahoo¬
chee river, it may and shall be lawful to construct and insert a*
Lock at, and through.said dam, and keep up and continue the
same for the purpose herein indicated.
Also, that A. S. Rutherford', P. A. Clayton, W. E. Love, and
their associates, be, and they are hereby incorporated under the
name and .style of the Caroline Manufacturing Company, un¬
der the same rules, regulations and'restrictians as are contain¬
ed in this act.
Mr. Miller offered the following, amendment, which was
agreed to:
And be it further enacted, That Allen M. Walker, George
Moore and'Daniel Grant, and their associates, successors and'
assigns, are hereby incorporated and made a - body politic, by
by the name and style of the " Potatoe Creek Manufacturing
Company," located in the county of Upson, with all the powers
and privileges conferred by this act on the Company first men¬
tioned. The stockholders in said Potatoe Creek Manufactu¬
ring Company being personally liable for the debts of said com-
SENATE.
39R
pany, fa proportion to the amount' of shares held by them re¬
spectively ; said debts not to exceed one half of the capital
paid in.
Mr. Calhoun offered the following amendment, which was
agreed to:
And be it further enacted, That the stockholders in said
company shall be liable for the debts thereof in proportion to
the number of shares held by them, which shall not exceed the
one half of their capital stock ; and in case the same should
exceed that amount, then the private property of the stock¬
holders to be bound for the payment of the debts of said com¬
pany, as in cases of partnerships.
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 15, nays 14.
Those voting affirmatively are Messrs. Boynton. Brown,
Calhoun, Crawford, Curry, Gignilliatt, Hardeman, Jones, Wes¬
ley King, Long, Miller, Mitchell, Moody, Nickelson, Ridley.
Those voting negatively are Messrs. Colley, Cone, Field,
Hill, Kellogg, John M. King, Lee, Lewis, Martin, McGreggor,
Murphey, Smith, Stell, Wilcox, Wofford.
So the bill was passed.
Mr. Stell, from the Enrolling Committee, reported as duly
enrolled, and signed by the Speaker of the House of Represen¬
tatives, and ready for the signature of the President, the follow¬
ing acts, to wit:
An act to authorize the Justices of the Inferior Court of Ran¬
dolph county to levy an extra tax on the citizens of said coun¬
ty for certain purposes therein named.
An act to repeal a part of the eleventh section of an act en¬
titled 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 of public
bridges, approved December the 4th, 1799, and further to ex¬
tend and define the powers of said Courts as to the construc¬
tion of bridges.
An act to alter and amend an act to incorporate the town of
Thomaston, and to make permanent the seat of justice in the
county of Upson, passed on the 11th day of June, 1825, and
further to define the duties and powers of the Commissioners
of said town.
An act to alter and amend an act entitled an act to incorpo¬
rate the village of Jefferson, in the county of Jackson, assented
to December 24th, 1833, so far as relates to the appointing of
50#
394
JOURNAL OF THE
five Commissioners for the same, and; extending the corporate
■ limits thereof.
An act to change the names of Maria Ellen Aliens to that of
Maria Ellen Chapman, and the name of Emma Louisa Wal¬
ks, of the county of Twiggs, to that 'of Emma Louisa Exum,
and to legitimatize the same.
An act to alter and amend (so far as relates to the county of
Troup) the third section of an act entitled an act to alter and
amend the road laws of this State, approved the 19th day of
December, 1S18.
An act for the relief of John C. Hunter.
An act for the relief of the Bank of Milledgeville/and the
Augusta Insurance and Banking Company.
An act for the relief of William PI. Wade, of the' county of
Early.
An act to authorize William Roscoe Gorman, of the county
of Talbot, to plead and practice law in the several Courts of
Law and Equity in this State, except in the "Supreme Court, on
certain conditions therein expressed.
An act to authorize and require the Justices of the Inferior
Court of Appling county, and their successors, or a majority
thereof, to judge of arid allow to the tax collectors of said coun¬
ty their insolvent lists.
An act to amend an act to amend the estray laws of this
State, so far as relates to the time of advertising and tolling
horned cattle, sheep, goats or hogs/before they are sold, assented
to December 20th, 1823.
An act to repeal an act to compensate the Grand and Petit
Jurors of the counties of Carroll and Dooly, and Petit Jurors
for the county of Jackson, assented to December the 23d,
-1839.
An act to authorize the Justices of the Inferior Court of the
county of Murray to assess and levy an extra tax of twenty-
five per cent., for the purpose of building a jail.
An act to authorize the Justices of the Inferior Court of
Cherokee county to-levy an extra tax, for certain purposes
therein named.
An act to incorporate the Rabun Turnpike'Company, and to
grant certain privileges to the same.
An act to repeal an act entitled an act to compensate the
Grand and Petit 'Jurors of the Superior and Inferior Courts for
the counties therein named, so far as relates to the county of
Randolph, passed on the 23d day of December,'183?', and to
regulate the mode of dividing the jury and confession fees be¬
tween the Jurors of said county of Randolph.
An act to authorize and require-the Justices of the Inferior
Court of the county of Marion, or a'majority of them, to draw
a Grand and Petit Jury in said couhty.
An act to appropriate money in cases'of overpayment at
the Treasury.
SENATE.
395
An act to prevent and remove obstructions in the Flint river
calculated to impede the free passage of fish, to appoint Com¬
missioners, and to punish those who may attempt to defeat the
• same.
An act to change the names of Cassandria Fitzpatrick and
Rhomas Edwin McLeroy, to that of Cassandria Hill, and
Thomas Edwin Hicks, and legitimatize the same.
An act to relieve Sylvanus W. Burney and Allen Cochran
'from the payment of a portion of a note held :by the Central
Bank against them, and for other purposes therein mentioned.
An act to authorize his Excellency the Governor to cause a
grant to be issued to James Bush, of the county of Early, for
: lot number one hundred, in the sixth district of said county.
An act for the correction of errors in plats apd grants, and
to authorize the Governor to issue copy plats and grants, in cer¬
tain cases.
An act to relieve Alexander Means, of the county of New¬
ton, from the payment of a portion of tax improperly assessed
against him in said county, for the year eighteen hundred and.
forty-five.
An act to confirm and make valid a sale .of a lot of land in
the town of Bainbridge, and to authorize the trustees of Deca¬
tur county Academy to execute a deed of conveyance to Alex¬
ander A. Allen, or his assigns, and to appoint an additional trus¬
tee for said Academy.
An act to repeal the second -section of an act entitled an act
to change the times of holding the Inferior Courts in the coun-
' ty of Sumter, and the Superior and Inferior Courts in the coun¬
ty of Stewart, assented to the seventh day of -December, 1841,
and to change and fix the time of holding the Inferior Court in
said county of Stewart.
An act to render legal and valid the adoption of Rose Anna
McKugh, by Robert Raiford, and to-confer upon her the privi¬
leges and rights of his legitimate child.
An act to amend an act entitled an act to alter the time for
the election of the Mayor and Aldermen of the city of Savan¬
nah, to reduce the number of Aldermen, to make the Mayor
elective by the people, and to prescribe his duties, and to pro¬
vide for the election of certain officers therein named, assented
to the 25th day of December, 1843, so far as regards the second,
sixth and seventh sections of said act.
An act for the relief of James D. Hudson, and to make
valid and binding a marriage between himself and Martha A.
E. Green.
An act to pardon Matilda Cogswell.
Also the following resolutions, to wit:
A rpsolution in relation to monuments over the graves of de-
coated members of the -Legislature.
396
JOURNAL OF THE
A resolution in relation to a monument over the grave of
Capt. Beckham.
A resolution in reference to the printing of the reports of the
Treasurer and Comptroller General.
A resolution in relation to the Central Bank of Georgia.
A resolution in relation to a National Armory, Ac.
A resolution in relation to the boundary line between the
States of Florida and Georgia.
A resolution for the appointment of Commissioners on the
Savannah river, Ac.
A resolution in relation to Gen. Jackson and William H.
Crawford.
A resolution authorizing the Secretary of State and State
Treasurer to employ Clerks, after first of January next, to aid
in granting reverted lands, Ac.
A resolution in relation to laws and journals, and requiring
the Governor to have certain laws of this session published.
A resolution in relation to a proposition of Massachusetts to
change the Constitution of the United States.
Mr. Brown offered the following resolution, which was
taken up, read and agreed to :
Whereas, it is necessary to use as testimony in Crawford
Superior Court two original certificates and plats for fractional
lots numbers twenty and twenty-one, in the first district of ori¬
ginally Houston, now Crawford county—
Be it therefore resolved by the Senate and House of Rep¬
resentatives, That his Excellency the Governor be, and he is
hereby authorized to allow said papers to be taken out of the
Surveyor General's Office, for said purpose, by requiring bond
and security for the return of the same within such time as lie-
may think proper.
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 his Excellency
the Governor, by Mr. Anderson, his Secretary:
Mr. President—;His Excellency the Governor has assented
to and signed a series of resolutions concerning the establish¬
ment of certain mail routes.
He has also approved and signed the following acts:
SENATE. S97
^An act to alter and amend the several acts heretofore passed,
relating to the Monroe Rail Road and Banking Company, to
change the name of said Company, and to authorize said
Company to build a Branch Road to Columbus.
An act for the relief of John J. Hamilton, receiver of tax
returns of the county of Pulaski for the year 1845.
The Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives to release and dis¬
charge John Temples from all liability of the payment of a
bond signed by him as security.
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
empanueling of Grand and Petit Jurors in the county of Cam¬
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 for the relief of Jas.
M. Davis, of the county of Talbot.
Mr. Wofford moved the indefinite postponement of the re¬
port.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 12, nays 19.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Colley, Cone, Kellogg, Lee, Lewis, Martin, McGreggor,
Murphey, Smith, Wilcox, Wofford.
Those voting negatively are Messrs. Beal], Brown, Calhoun,
Crawford, Curry, Hardeman, Hill, Holderness, Jackson, John
>1. King, Wesley King, Long, McGahagan, Miller, Mitchell,
Nickelson, Reynolds, Ridley, Whitfield.
So the motion was lost.
Mr. Martin offered the following amendment:
Be it further enacted, That all indorsers on notes due the
Central Bank shall have like indulgence as is provided for by
the previous sections of this act.
Mr. Miller called for the previous question, it being to agree
to the report of the Committee of the Whole.
Which \ being sustained by a majority of the Senate, the
main question was then put, and the report of the Committee
of the Whole was agreed to.
The bill was read the third time, and on the question, " shall
this bill now pass,"
323
JOURNAL OF THE
The yeas and <nays were required to be recorded, and are—
yeas 20, nays 9.
Those voting affirmatively are Messrs. Beall, Brown, Cal¬
houn, Crawford, Curry, Gignilliatt, Hardeman, Hill, Holder-
ness, Jackson, John M. King, Wesley King, Long, McGahagan,
Miller, Mitchell, Nickelson, Reynolds, Ridley, Whitfield.
Those voting negatively are Messrs. Colley, Cone, Kellogg,
Lee, Lewis, Martin, McGreggor, Wilcox, Wofford.
So the bill was passed.
The following message was received from the House of Rep-.
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have passed
the following bills of Senate, to wit:
A bill for the relief of Elisha, Burson, tax collector of the
county of Warren.
A bill to amend an act entitled. an act to regulate escheats.
in this State and to appoint escheators, approved December,
5th, 1801, so far as relates to the county of Chatham.
A bill to authorize the Justices of the inferior Court of the
county of Lowndes to appoint commissioners to make titles to
lots sold in said county, and to sell unsold lots.
A bill to authorize the several Courts of Ordinary of this
State to appoint their Clerks guardians in certain case, and for
other purposes therein named.
A bill to provide for conducting the business of transporta¬
tion on the Western and Atlantic Rail Road, and for other pur¬
poses therein mentioned.
A bill to authorize and require the Justices of the Inferior
Courts, or a majority thereof, of the counties of Telfair and
Irwin, to examine and to allow to the tax collectors of said
counties their insolvent lists.
A bill to repeal so much of an act passed 3d December,
1839, as relates to the mode and manner of electing Clerk and
Marshal of the city, of Milledgeville.
A bill to explain the tenth section of an act passed on the
18th December, 1792, entitled an act to protect the estates of.
orphans, &c. ,
A bill to amend the 12th section of the judiciary act of
1799.
A bill to incorporate the Augusta Fire Company.
A bill to prescribe the mode of signing judgements against
indorsers in certain cases.
A bill to authorize Osborn McGinnis, administrator de bo¬
nis non of the estate of James B. Dongherty, late of Jackson
county, deceased, and guardian of the wards of said deceased,
to remove the said records from the county of Jackson to the
SENATE.
399
county of Forsyth, and make annual returns in the county of
Forsyth.
They have also passed the following bills of Senate, with
amendments, to wit:
A bill to exempt the journeymen mechanics and laborers
of this State from the garnishment of their wages, so far as re¬
lates to the county of Chatham.
A bill to establish additional election precincts and remove
others already established -in certain counties therein named,
and to regulate the same.
A bill to allow persons applying for a grant or grants to
reverted lots, under the act of 1S43, to file an affidavit of their
intention to settle the lot applied for, and to give prefference to
such applicants.
To which they ask the concurrence of ..this branch of the
General Assembly.
The Senate took up and concurred in the amendment of the
House of Representatives to the bill of the Senate to establish
additional election precincts and remove others.
The Senate took up the amendments of the House to the
bill of Senate to exempt journeymen mechanics from garnish¬
ment for their wages, in this State, to wit: to strike out " this
State/' and insert " the county of Chatham"—and on motion, .
refused to concur therein.
The Senate took up the amendment of the House of Rep¬
resentatives to the bill of Senate to allow any person applying
for a grant to file an affidavit of their intention to settle the
same, and give such person preference.
Mr. Lewis moved to amend the amendment by striking out.
the following 'words:
" And that from and after the first day of January, 1846,
any person, a citizen of this State, by paying into the Treasury
the sum of ten dollars, shall be entitled to receive from this
State, in his, her or their own right, a grant to any ungranted.
yt of land, as contemplated in the before recited act; and that
from and after the first day of May. next thereafter, the sum of
five dollars"—and insert the following, to wit :
"And that the time of granting reverted lands at twenty-five
dollars be extended to the first of February, 1846; and that
from and after the first of February, 1846, any person, a citi¬
zen of this State, by paying into the Treasury the sum of ten
dollars shall be entitled to receive from the State, in his own
name a grant to any ungranted lot of land, as contemplated in
the above recited act; and that from and after the first day of
May next thereafter, the sum of five dollars"—which was
3 Q* reed to. „ , TT e _ , .
And the amendment of.:'the House of Representatives, as
amended, was agreed to..
400
JOURNAL OF THE
The Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives for the relief ol
Benjamin Williamson, of the county of Scriven.
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 sheriff 's
bonds in the county of Sumter,
The report was agreed to—the bill was read the third time,
and passed.
The following message was- received from the House ot
Representatives, by Mr. Word, their Clerk-:
Mr. President—The House of Representatives have passed
the following bills of Senate, to wit:
A bill to compel the Banks of this State to pay a tax on tli-e
highest amount of Bank Stock hereafter returned by them as
subject to taxation, within the limits of their respective charters.
A bill to commute the bonds of this State, issued in redemp¬
tion of the bills and liabilities of the Central Bank of Georgia.
A bill to re-enact the second section of an act assented to the
"23d December, 1839, entitled an act to appoint Commissioners
to lay out and open a new road through a part of Camden
county.
A bill to apportion the Representatives among the several
counties in this State, according to the seventh section of the
first article of the Constitution.
A bill to add lot of land number 118, in the 11th district of
formerly Muscogee, now Marion county, whereon James Lay-
field now resides, to Talbot county.
A bill for the relief of and benefit of Candis R. Carter, of
Talbot county.
A bill to authorize Eustace Speer, Charles E. Nesbit, James
T. Nesbit, and Thomas W. Alexander, to plead and practice
law in the several courts of this State, upon certain conditions
therein named.
A bill to alter and amend the third and fifth sections of an
act to incorporate the Memphis Branch Railroad and Steam¬
boat Company, passed December 21, 1839.
A bill to amend the fifth section of an act for the establishing
and regulating patrols, approved, <fcc. November 18th, 1765.
A bill to incorporate the Flint River Steamboat Company.
A bill to authorize the Justices of the Inferior Court of Lump¬
kin county to levy an extra tax.
A bill to authorize the gmnt for lot of land No. 178, in the
13th district of Dooly county, to issue to Elisha Smart, and to
vest the title to said lot in him, his heirs and assigns, and to
correct and amend the lottery list of fortunate drawers so far
as the drawer of said lot is concerned.
"SENATE.
401
A bill to incorporate the Mountain Fire Company of Dah-
ionega, Georgia.
A bill amendatory of an act incorporating the Talbot Guards,
a volunteer company in the county of Talbot.
A bill to amend an act entitled an act to establish a gene¬
ral system of education by common schools, passed 23d De¬
cember, 1843, so far as relates to Lowndes county.
A bill to explain and amend the first section of an act ap¬
proved the 20tk of December, 1826, entitled an act to define the
liability of securities on appeal, un stay of executions, and for
the protection of bail on recognizance bond, note, or other con¬
tracts.
They have also passed the following bill pf Senate, with an
•amendment, to wit .:
To provide for the appointment of a cofnmittee to examine
into the condition of the Treasury and the Oentral Bank in
those years when there shall be no session of the Legislature,
and to repeal so much of the act assented to on the 28th day
of December, 1843, entitled an act for the better regulation of
the treasury, and prescribing the duties of the Treasurer and
Comptroller General, and providing for the management and
security of the funds set apart for the payment, of the public
-debt, and defining in part said funds', as conflicts with the pro¬
visions of this act.
To which they ask the concurrence of this branch of the
General Assembly.
The Senate took up the amendment of the House of Rep¬
resentatives to the bill of Senate to provide for the appointment
of a committee to examine into the condition of the Treasury
and the Central Bank in those years when there shall be no
•session of the Legislature, and to repeal so much of the act as¬
sented to the 28th of December, 1843, entitled an act for the
better regulation of the Treasury, and prescribing the duties of
Treasurer and Comptroller General, and providing for the
management and security of the funds set apart for the pay¬
ment of the public debt, and defining in part said funds, as con¬
flicts with the provisions of this act, and concurred therein.
The Senate took up, as the report of the Committee of the
Whole, .
The bill of the House of Representatives to change and alter
the time of meeting of the Commissioners of Public Roads of
•Chatham county.
The report was agreed to—the bill was read the third time,
aI1The Senate took up, as the report of the Committee of the
^The bill of the House of Representatives to change and fix
the times of holding the Superior and Inferior Courts of the
county of Upson.
51
402'
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 of the House of Representatives to alter and amend
the third and seventh sections of the third article of the Consti¬
tution.
Mr. Miller offered the following amendments, which were
agreed to:
Whereas, a part of the third section of the first article of the
Constitution reads as follows : " the Senate shall be elected bi¬
ennially on the 1st Monday in Octoberand whereas, a part
of the seventh section of the 1st article of the Constitution,
reads as follows : " the Representatives shall be elected bien¬
nially/'
The following shall be adopted in lieu of the words above
recited, to wit:
" The Senators shall be elected biennially on the Wednesday
after the first Monday in October, until the time of election
shall be changed by lawand " the Representatives shall be
elected biennially on the Wednesday after the first Monday in
October, until the time of election is changed by law."
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 recorded, and are—yeas 27, nays 7.
Those voting affirmatively are Messrs. Thomas F. Ander¬
son, Beall, Boynton, Broaddus, Brown, Calhoun, Crawford,
Gurry, Gigmlliatt, Hardeman, Harris, Hill, Jackson; Kellogg,
John M. King, Lee, Lewis, Long, McGahagan, Miller, Moody,
Murphey, Nickclson, Reynolds, Ridley, Stell, Whitfield.
Those voting negatively are Messrs. Colley. Cone, Jones,
Wesley King, Martin, Smith, Wilcox.
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 repeal an act
passed 2Glh December, 1834, to keep open the Central Hatchie
creek, in the county of Heard.
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
correcting of errors committed by receivers of tax returns in
receiving taxable property or in assessing the taxes payable
thereon.
The report was agreed to—the bill was read the third time,
and passed.
SENATE.
403
On motion of Mr. Wofford, Mr. Martin was added to the
committee to bring up the unfinished business of the session.
The Senate took up and concurred in the report and resolu¬
tion of the House of Representatives in relation to the jnemo-
rials of the Bank of the State of Georgia and Planters' Bank.
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have passed
the following bills of Senate, to wit:
A bill to authorize the justices of the inferior court of
Lowndes county to sell and dispose of all the land in and
about Franklinville, which belongs to said county.
They have also passed the following bill of Senate, with an
amendment, to wit:
A bill more effectually to provide for the collection and dis¬
bursement of fines imposed by courts of enquiry.
To which they ask the concurrence of this branch of the
General Assembly.
They have also concurred in the amendments of Senate to
the following bills of the House, to wit:
A bill for the relief of B. W. Castleberry, of Forsyth county.
A bill to prohibit colored mechanics and masons, being slaves
or free persons of color, from making contracts for the erection
of buildings, &c., and prescribe punishment for violations of
this act.
A bill to incorporate the Rock island Manufacturing Com¬
pany.
A bill to amend the police of the Penitentiary, to authorize
an increase of the wages of the several officers herein named,
to allow the Governor, if necessary, in his judgment, to draw
from the treasury the remainder of the appropriation of 1843,
and to apply the same to the use of the Penitentiary, and to
compensate" John Hadder out of the money now in the treasu¬
ry for the use of the Penitentiary.
They have also agreed to the report of the Committee on
Finance—to which they ask the concurrence of this branch of
the General Assembly.
Mr. Stell, from the Committee on Enrollment, reported as
duly enrolled, and signed by the Speaker of the House of Rep¬
resentatives, and ready for the signature of the President, the
following acts, to wit:
An act to incorporate Jasper Lodge No. 8, of the United
Ancient Order of Druids, located and working in the city of
relieve Green T. Partin, of the county of Pike, and
State of Georgia, from the disabilities of a matrimonial con¬
nection now existing between him, the said Green T. Partin,
and Mary Partin, his wife, of the State of North Carolina, and
404
JOURNAL OF THE
to annul and make void the matrimonial connection and civil
contract "between James Gay lord and his wife, Jerisha Ann
Gaylord.
An act to alter and amend the road laws of this State, ap¬
proved the nineteenth of December, eighteen hundred and
eighteen, so far as relates to the counties of Randolph and
Jackson, and to exempt laborers on the line of the different
Rail Road companies of this State from working on public
roads, upon certain conditions herein specified.
An act to amend the fifth section of an act to provide for the
education of the poor, assented to 27th December, 1843, and
for other purposes, so far as relates to Franklin county.
An act to restrict the amount of tax fees received by attorneys
at law, for suits on certain notes.
An act to repeal an act to regulate the election and pay of
county treasurer for the counties of Bibb and Upson, and to
render ineligible any of the justices of the inferior court of said
counties to said appointments, so far as relates to the county of
Bibb, assented to December 9th, 1843.
An act to alter and amend an act to provide for the indigent
deaf and dumb of this State, also to provide for the appoint¬
ment of a commissioner, to regulate his duties, affix his salary,
and appropriate monies therefor, by changing the place of ed¬
ucation, and for other purposes.
An act for the relief of John R. Cotting,military storekeeper
at Milledgeville.
An act to incorporate the Ladies' Education and Benevolent
Society of the Methodist Episcopal Church of the city of Co¬
lumbus, and also to incorporate the Augusta Benevolent So¬
ciety.
An act for the relief of Robert P. Dickerson, of the county
of Elbert.
An act to provide for the disposition of the estate of David
Myrick, of Putnam county, an insane person.
An act to change the place of holding the Justices Courts of
the 26th militia district, in the county of Glynn.
An act to provide for the service of original process upon
corporations.
An act to incorporate the Executive Committee of the Central
Baptist Association of the State of Georgia, and the Southern
Baptist Convention.
An act to extend the provisions of the act passed on the
twenty-eighth day of December, 1843, entitled an act to point
out the manner of creating certain corporations, to define their
rights and privileges, and to provide a mode of changing the
names of individuals.
An act in relation to proceedings to recover debts not due.
An act to compensate grand and petit jurors for the counties
of Floyd and Jackson, and to authorize the justices of the in¬
ferior court to levy an extra tax for that purpose.
SENATE.
405
An act to alter and amend the eleventh section of the tenth
division of the Penal Code.
An act to incorporate the Fire Company of the city of Co¬
lumbus, to be known by the name and style of the Columbus
Engine Company Number Two.
An act to repeal an act to incorporate the town of Davisville,
in the county of Pike, and to appoint commissioners for the
same, and other purposes therein mentioned, assented to the 8th
day of December, 1841.
An act for the relief of Sarah McKeen.
An act to repeal all laws now in force which relate to the
navigation of the Oconee river, or to the free passage of fish up
it. above Milledgeville, to Barnett's Shoals in Clarke county, so
far as the same may prohibit the erection of dams across said
river for milling or manufacturing purposes.
An act to raise a revenue for the city of Columbus amenda¬
tory of an act entitled an act to impose a special tax on the per¬
sons and property of the citizens of the city of Columbus, re¬
siding and being in the same, annually hereafter, and to provide
for the collection thereof, and to punish those who may refuse
or attempt to defeat the provisions thereof, assented to the tenth
December, 1841, and also to make provisions for the poor re¬
siding in said city.
An act to grant the rights and privileges of citizenship to
George Michael Lavender of the county of Coweta, and Mat¬
thew Thompson of the county of Cass, descendants of the
Cherokee tribe of Indians, and to establish and legalize the
names of the said persons as George Michael Lavender and
Matthew Thompson, and to remove all legal disabilities here¬
tofore imposed, and to compel them to do and perform all the
duties of free white citizens.
An act to amend the several acts heretofore passed and now
in force incorporating and relating to the Central Rail Road
and- Banking Company of Georgia, and to authorize the said
Company to continue and extend its Rail Road from the coun¬
ty of Bibb to the Chattahoochee river, at or adjoining the city
of Columbus.
An act to extend the corporate existence of the President,
Directors and Company of the Bank of Augusta, and con¬
tinue in force certain acts of the General Assembly therein
mentioned, and to define the liability of the Stockholders, and
to regulate its issues in future.
An act to amend an act authorizing the establishment of the
Southern Botanic Medical College of Georgia, so as to author¬
ize the board of trustees of said College to remove it to the
city of Macon, whenever, in their judgment, it shall appear to
said board expedient or conducive to the interests of said insti¬
tution. „ „ T T„ n
An act for the relief of James W. Reeve. ,
An act for the limitation of proceedings caveatmg will or wills.
406
JOURNAL OF THE
An act to repeal all acts and parts of acts establishing a
bridge and toll gate over Ebenezer creek in Effingham county,
and for other purposes therein named.
An act to repeal an act passed on the twenty-fifth of Decem¬
ber, eighteen hundred and thirty-seven, consolidating the offi¬
ces of receivers of returns and tax collectors in the counties of
Lumpkin, Gilmer, Tattnall, Union, Pulaski, Telfair, Wilkes,
Cherokee, Early, Rabun, Floyd and Paulding, so far as relates
to the counties of Cherokee and Tattnall.
An act to amend an act passed in eighteen hundred and
forty-one, to give to all persons employed on Steamboats and
other water crafts on the Chattahoochee, Altamaha and Ocmui-
gee 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
sam'e, so far as to extend the provisions of the same, and to
include Flint river therein.
An act to add all that part of Lumpkin county lying and
being North of the Blue Ridge, to the county of Union.
An act for the relief of the Commercial Bank at Macon.
An act to alter and change the times of holding the superior
and inferior courts of the county of Muscogee.
An act to amend the corporation laws of the village of Ruck-
ersville in the county of Elbert, passed in the year eighteen
hundred and twenty-two.
An act to provide for the removal of the county site and pub¬
lic buildings of Scriven county, and to fix a new county site, to
build a new court house, and for other purposes.
An act to change the places of holding elections in the coun¬
ties of Cobb, Pike and Bibb.
An act to extend the Western and Atlantic Rail Road of the
State of Georgia, and to provide means therefor.
Also the following resolutions, to wit:
Resolution in relation to duty on Rail Road Iron.
Resolution in relation to executions issued by the Treasurer
against the Bank of Milledgeville and the Commercial Bank
at Macon.
Resolution relative to the claim of the State of Georgia
against the United States.
Resolutions in relation to mail routes in Bulloch county, and
from Dahlonega to Benton, Tennessee.
Resolutions in relation to the publication of the decisions of
the Supreme Court of the United States.
Resolution in relation to the fees of Comptroller General and
Treasurer.
Resolution in relation to the assets of the Bank of Darien.
Resolutions asking Senators and Representatives in Con¬
gress to have the State laid off in two Judicial Districts.
Resolution in relation to the compilation of the Laws of
Georgia by Howell Cobb, Esquire, of Houston county.
■SENATE.
407
Oil motion of Mr. Wofford, the majority and minority reports
of the joint standing committee on the Penitentiary were taken
up.
Mr. Wofford moved to agree to his report, being the report
of the minority.
Mr. Miller moved to lay both,reports on the table for the
present.
And upon this motion, the yeas and nays were required' to be
recorded, and are—yeas 16, nays 18.
Those voting affirmatively are Messrs. Boynton, Brown, Cal¬
houn, Crawford, Curry, Gignilliatt, Hardeman, Harris, Wesley
King, Long, McGahagan, Miller, Moody, Nickelson, Reynolds,
Ridley.
Those voting negatively are Messrs. Thomas P. Anderson,
Broaddus, Colley, Cone, Hill, Holderness, Jackson, Jones, Kel¬
logg, John M. King, Lee,. Lewis, Martin, Murphey, Smith.
Whitfield, Wilcox, WofforcL
So the motion was lost
Mr. Murphey moved to lay the reports on the table for the
present, which was carried.
The Senate took up and concurred in the amendments of the
House to the bill of Senate more effectually to provide for the
collection and disbursement of fines imposed by Courts of En¬
quiry.
The Senate took up the following report from the House of
Representatives, and concurred therein, to wit-:
A report from the Finance Committee in relation to the con¬
dition of the Treasury.
The Senate took up fhe resolutions of the House of Repre¬
sentatives authorizing the Cashier-of the Central Bank to cause
a certain execution against Harper Tucker to be-satisfied; and
also, a fi fa against Wiley W. Cullens to be entered satisfied—
■and concurred therein.
The following message was received from the. House of
[Representatives/ by Mr. Word, their Clefk :
Mr. President—The House of Representatives have passed
■the following hills of Senate, to wit :
A hill to change the Court of Ordinary in the county of
:Camden to the first Monday in January.
A bill for the relief of Silas Grubbs, tax collector, and others
ffieremnameff^eai ^ ^ assented to December 23d, 1830,
ffivin* the sum of three dollars to each of the superintendents
of elections in the several counties of the Eastern Circuit, ex¬
cept the county of Bulloch, so far as respects the county-of
to cede to the United States of America all the rights,
408-
JOtT.'NAL OF THE
title and interest of the State of Georgia in, to, and'over a re¬
serve of twenty acres of land, on, the Island of Cock Spur, in
the Savannah river, and, also the jurisdiction thereof.
A hill to compel all persons residents in the county of Cam-
dfen, in the State of Georgia, to give in and pay the tax upon,
the taxable property which they hold in said county.
A bill to define the duties of the Division and Brigade In¬
spectors, to regulate their pay, and, for other purposes.
A bill for the relief of Henry TV Dicken, of the county of
Butts, and Samuel. T.. Andrews, of the county of Randolph.
A bill to*change filename of David Thrash, to that of Da¬
vid Smith..
A bill for the- admission; of certain evidence in cases therein
mentioned-
A bill to alter the time for the election of Electors of Presi¬
dent and Viae President of the United States*
A bill to authorize the issuing, of grants in certain cases-
therein named.
They have also' concurred in the amendment of Senate to
the amendment of the House on the bill of Senate to allow
persons applying for a grant or grants to reverted lots, under
the act of 1843, to file an affidavit of their intention to settle'
the lot applied for, and to give preference to such applicant.
Mr.. Calhoun, from the committee to whom, had been refer¬
red the- report of the Director of the Central Bank, made the-
following report, which was on motion taken up, read and!
agreed to:
The committee to whom was referred the report of the Di¬
rector of the Central Bank, made in obedience to a resolution*
adopted' by the Senate on the 8th of the present month, beg-
leave to state, they have not given, to the subject that conside¬
ration which is necessary to enable them to present their views-
ill a shape to enlighten the public mind in relation to the con¬
dition andmanagement of the affairs of the Darien Bank; and
beg leave to he discharged- from its further consideration.
On motion, the Senate adjourned until 7 o'clock, P. M.
Seven O'clock, . P. Ml
Tlie Senate met pursuant to adjournment.
The Senate took up the following resolutions of the House
of Representatives and concurred therein, to wit:
A resolution authorizing his Excellency the Governor to fur¬
nish the several counties therein named with certain digests.
SENATE.
409
A resolution authorizing the officers of the Central Bank,
upon certain conditions, to receive the bills of the Bank of Da-
rien in exchange for the note of R. M. Orrne and David C,
Campbell.
Also, a resolution directing the Cashier of the Central Bank
to receive of Benjamin T. Bethune, Darren Bank notes in pay¬
ment of the principal and interest on a certain fi fa against the
indorser of the note of John Hodge, to the extent of seven-
tenths of said debt.
Mr. Curry, from the committee to examine the engrossed
journals of Senate of the present session of the General As¬
sembly of Georgia, made the following report, which was ta¬
ken up, read and agreed to :
That they have examined the same up to the close of the
9th day of the present month inclusive, and find them neatly
and correctly engrossed, except the omission of the following
words, viz : " In this amount is included the debt of Messrs.
Reid, Irving & Co., which, after estimating the premiums on
exchange, and all incidental charges, are placed at the sum of
$292,510"—after the word "dollars," in the 11th line, at page
13, of said journals.
And whereas, the Recording Clerk, not being able to pro¬
cure a Book for recording until ten days of the session had
elapsed, (say 13th November) and the great increase of busi¬
ness towards the close of the session, render it necessary for the
Recording Clerk to be allowed a reasonable time to bring up
the same. It is therefore recommended that he be allowed
twenty-five days to complete said journals.
They further recommend, that the Secretary and Assistant
Secretary be allowed ten days to complete the unfinished busi¬
ness of the session.
The following resolution was taken up and read, to wit:
Resolved, It is not the intention of this Legislature to say,
that the duties on ail articles should be at the same or a hori¬
zontal rate—some articles will bear a much higher revenue
duty than.others.' Below the maximum of the revenue stan¬
dard Congress may and ought to discriminate in the rates im¬
posed.
Mr. Martin moved to lay the same on the table for the
present.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 15, nays 16.
Those voting affirmatively are Messrs. Beall, Broaddus,
Cone, Hill, Jackson, Kellogg, Lee, Lewis, Martin, McGreggor,
Murphey, Smith, Whitfield, Wilcox, Wofford.
Those voting negatively are Messrs. Brown, Calhoun, Craw¬
ford Curry, Gignilliatt, Hardeman, Harris, Wesley King, Long,
McGahagan, Miller, Mitchell, Moody, Nickelson, Reynolds,
Ridley.
So the motion was lost.
52*
410
JOURNAL OF THE
Mr. Calhoun called for the previous question, and being se¬
conded by a majority of the Senate, the main question, being
to agree to the resolution, was then put.
On which motion the yeas and nays were required to be
recorded, and are—yeas 24, nays none.
Those voting affirmatively are Messrs. Beall, Broaddus,
Brown, Calhoun, Cone, Crawford, Curry, Gignilliatt, Harde¬
man, Harris, Hill, Jackson, Kellogg, Wesley King, Lee, Long,
McGahagan, Miller, Mitchell, Moody, Nickelson, Reynolds,
Ridley, Whitfield, Wofford.
So the resolution was unanimously agreed to.
Mr. Miller offered the following resolution, which was taken
up, read and agreed to:
Resolved, That the Secretary of the Senate append to the
Journal the Rules of Senate adopted at the present session, and
that the same be printed as part of said Journal.
The following Message was received from the House of
Representatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have receded
from their amendments to the bill of Senate to exempt journey¬
men mechanics and laborers of this State from garnishment
They have also passed the following bills of Senate, to wit:
A bill in relation to public officers and their securities.
A bill to extend the provisions of an act assented to 11th
December, 1841, and also an act assented to 22d December,
1843, so as to exempt from levy and sale certain property
therein mentioned.
A bill to amend the twenty-fifth section of an act entitled
an act to incorporate certain academies, and for other purposes.
The Senate took up, as the report of the Committee of the
Whole,
The bill of the House of Representatives to hold the se¬
curities on public bonds as bound and liable until the perfor¬
mance of the conditions thereof, or to permit the principal in
such bonds to substitute, within a prescribed period, other se¬
curities in the place of those seeking by notice to be released,
at the discretion of the Governor.
And on motion, the report was indefinitely postponed, and
the bill was lost.
The Senate took up the following bills of the House of Rep¬
resentatives, which were read the second time, and on motion,
the same were indefinitely postponed, to wit:
A bill to incorporate the Athens Manufacturing Company.
A bill to reduce the Sheriffs' bonds of the counties of Telfair
and Macon.
A bill to change the county line between the counties of
Macon and Crawford.
SENATE.
411
A bill to authorize the Justices of the inferior court of the
county of Lowndes to compensate Simeon Strickland for teach -
ing poor children
A bill xo authorize the inferior court of Lee county to levy an
extra tax for the year 1846, for the purpose of building a jail,
repairing the court-house, and for other purposes therein
named.
The following resolution was taken up and committed until
June next:
Resolved, That the Secretary of the Senate shall have an
assistant Secretary, one Recording Clerk and one Engrossing
Clerk, until otherwise directed by the Senate.
The Senate took up the following resolutions, which, on mo¬
tion, were indefinitely postponed, to wit:
A resolution to remove the Arsenal from the State House
Square.
A resolution authorizing the appropriation of $1,500 to re¬
pair Arsenal at Savannah.
On motion of Mr. Cone, the Senate took up the resolution
heretofore offered by himself in regard to Fort Pulaski, on the
Island of Cockspur.
Mr. moved to lay the same on the table for the
present.
On which motion the yeas and nays were required to be re¬
corded, and are—yeas 12, nays 13.
Those voting affirmatively are Messrs. Calhoun, Crawford,
• Hardeman, Harris, Long, McGahagan, Miller, Mitchell, Moo¬
dy, Nickelson, Reynolds, Ridley.
Those voting negatively are Messrs. Beall, Brown, Cone, Gig-
nilliatt, Hill, Jackson, Lee, Martin, Murphey, Smith, Whitfield,
Wilcox, Wofford.
So the motion was lost.
Mr. Cone moved to fill the blank with the word " instructed."
Mr. Ridley called for the previous question, which was se¬
conded by a majority of the Senate.
And on the question, shall the main question be now put,
The yeas and nays were required to be recorded, and are—
yeas 15, nays 17.
Those voting affirmatively are Messrs. Beall, Broaddus,
Cone Hill, Jackson, Kellogg, Lee, Lewis, McGreggor, Mur¬
phey,' Smith, Stell, Whitfield, Wilcox, Wofford.
Those voting negatively are Messrs. Brown, Calhoun, Craw¬
ford Curry, Gignilliatt, Hardeman, Harris, Wesley King, Long,
Martin, M<?Gahagan, Miller, Mitchell, Moody, Nickelson, Rey¬
nolds, Ridley.
412
JOURNAL OF THE
So the Senate refused to put the main question, and the res¬
olution lies over for one day, under the rule of the Senate.
The Senate took up the amendment of the House of Rep¬
resentatives to the bill of Senate to remove the public site of
the county of Marion, and concurred therein.
On motion, Messrs. Kellogg and Lee were added to the En¬
rolling Committee.
The following message was received from the House of
Representatives, by Mr. Word, their Clerk :
Mr. President—The House of Representatives have agreed
to a resolution relative to Flint river.
To which they ask the concurrence of this branch of the
General Assembly.
The Senate took up and concurred in the resolution of the
House of Representatives authorizing the Governor to pay to
Leonidas B. Mercer the unexpended balance of an appropria-
on for the clearing out of Flint river.
The following message was received from the House of Rep-
jsentatives, by Mr. Word, their Clerk:
Mr. President—The House of Representatives have passed
■he following bills of Senate, to wit:
A bill in relation to affidavits of illegality.
A bill to define the rights and powers of administrators de
bonis non.
A bill in relation to the holding of the Superior Courts in
Glynn county, and for other purposes therein named.
A bill in relation to insolvent debtors.
A bill to grant certain privileges and immunities to the Co¬
lumbus Guards, a volunteer infantry corps in the city of Co¬
lumbus.
They have also passed the following bill of Senate, with an
amendment:
To repeal an act making permanent the site of the public
buildings in the town of Tazewell, in the county of Marion, on
lot of land number two hundred and thirty, in the fourth dis¬
trict of originally Muscogee, now Marion county, assented to
27th December, 1838, to provide for the selection of a new
county site, and for other purposes.
A bill to alter and amend an act entitled an act to compen¬
sate the grand and petit jurors of the several counties herein
named, and to provide for the payment of the same, assented
to 23d December, 1837.
A bill for the relief of John C. Edmonson, of Wilkinson
county, and Elijah Reamer Young, of Thomas county.
Mr. Stell, from the Committee on Enrollment, reported as du¬
ly enrolled, and ready for the signature of the President, the
following acts, to wit:
An act to authorize the several courts of ordinary of this
State to appoint their clerks guardians, in certain cases, and for
other purposes therein named.
SENATE.
413
An act to change the line between the counties of Pike and
Henry, so as to add lots of land number 128,129 and 160, in
the 3d district of Henry county, to the county of Pike, and to
change the residence of certain persons therein named.
An act to make penal and to punish any unlawful interfer-"
ence with or molestation of the Western and Atlantic Rail
Road.
An act for the relief of Silas Grubbs, tax collector, and fo!
others therein named.
An act to add the residence and premises of Jno. McCurdy,
senior, now of the county of Walton to the county of Gwin*
nett, and the plantation of Jno. Freeman, of the county of
Franklin, to the county of Madison.
An act to give to mothers certain rights in relation to the
guardianship and custody of their minor children.
An act to add lot number eight, in the twenty-fourth distrjc.
and third section, to the county of Floyd, and to change the line
between the counties of Floyd and Cass, so as to include the
residence of certain persons therein named within the county
of Floyd.
An act for the relief of Asa E. Thompson, administrator of
James Thompson, late of the county of Houston, from all lia¬
bility incurred by the said James, in his life time, as security of
Columbus Thompson, a minor.
An act to alter and amend the several acts heretofore passed
for the incorporation and government of the town of Marietta,
in the county of Cobb.
An act to authorize and require the judge of the middle cir¬
cuit to draw a new set of jurors for every extra term of the
superior court, so far as relates to the county of Washington.
An act to authorize and require the Surveyor General to issue
a grant for fraction nuriiber one hundred and sixty-six, in the
fifteenth district of Decatur county, to Daniel Belcher.
An act to repeal so much of an act assented to 9th December,
1839, consolidating the offices of tax collector and receiver in
certain counties therein named, as relates to the county of
Hancock.
An act to alter and amend the 3d section of the 2d article of
the Constitution of this State.
An act to repeal an act to compensate the grand jurors in the
county of DeKalb, assented to December 24th, 1836, and for
other purposes. , . . ,
An act to prescribe the manner of holding elections m the
county of Chatham, and the charter elections of the city of Sa~
An act to amend an act entitled an act to incorporate the
Irwinton Bridge Company, and to regulate the rates of toll
thereof and to grant to Elizabeth Jones the right to keep a ferry
on the Savannah river, and to extend the authority of the City
414
JOUKNAL OF THE
Council of Augusta in relation to ferries and bridges in said
city.
An act to amend the charter of the Medical College of Geor¬
gia, and to exempt the faculty and students of said institution
from jury and militia duty during the collegiate term.
An act to change the time of holding the inferior courts in the
county of Pulaski.
An act to alter and amend an act entitled an act to incorpo¬
rate Mount Carmel Academy, in Crawford county, and to ap¬
point trustees for the same, passed in 1832.
An act to change the name of Marthasville, in the county of
DeKalb, to that of Atlanta, &c.
An act to amend the several acts now in force incorporating
the town of Pome, in the county of Floyd, &c.
An act to alter and amend the several acts establishing the
several election precincts in the county of Floyd.
An act to provide for the correction of errors committed by
receivers of tax returns in receiving taxable property, or in as¬
sessing the taxes payable thereon.
An act to incorporate Unity Lodge number 36, of Jackson
county.
An act to repeal an act assented to 19th December, 1834, to
keep open Central Hatchie Creek.
An act to grant certain privileges and immunities to the
Columbus Guards.
An act to change and alter the time of meeting of the Com¬
missioners of public roads of Chatham county.
An act to allow any person or persons applying for a grant
or grants to any reverted lot or lots under the act of eighteen
hundred and forty-three, to file an affidavit of their intention to
settle the lot applied for, and to give preference to such appli¬
cants, and to alter the price of grants as herein provided, and
to extend the time for granting at the present price.
An act to authorize the inferior courts of the comities of Tel-
lair and Ware to appoint fit and proper persons to have
the line between said counties run and marked out plainly.
An act to amend the twenty-fifth section of an act to incor¬
porate certain academies and to appoint trustees for the same,
and to confer certain rights and privileges upon the same, &c.,
passed the thirty-first of December, eighteen hundred and
ihirty-eight, so far as to enlarge and extend the power of the
commissioners of the Waynesboro' Academy in Burke county.
An act to amend the charter of the city of Columbus, and
to amend an act entitled an act to amend the several acts of
the Legislature of this State incorporating the city of Colum¬
bus, in the county of Muscogee, and to lay off said city into
wards, and to point out the manner of electing the mayor and
aldermen thereof, passed in the year 1837.
An act to change and fix the times of holding the superior and
inferior courts of the county of Upson.
SENATE.
415
An act to authorize Nathan Mattox to l>uild a mill dam
across Broad river on his own land, and the owner of lot num¬
ber 268, in the 16th district and 3d section of originally Chero¬
kee now Cass county, to erect a mill dam across the Etowah
river.
An act to change and point out the mode of inheritance in
certain cases therein named.
An act to repeal an act making permanent the site of the
public buildings in the town of Tazewell, in the county of
Marion, on lot of land number 230, in the 4th district originally
Muscogee now Marion county,, assented to the 27th December,.
1838, to provide for the selection of a new county site, and for
other purposes..
An act in relation to the holding of the superior and inferior-
courts of Glynn county, and in relation to bailiffs of the grand
jury of Richmond county, and the justices' court of the 119th
district in said county of Richmond.
An act to alter and amend the third and seventh sections of
the third article of the Constitution.
An act to authorize the justices of the inferior court of Lump¬
kin county to levy an extra tax.
An act to incorporate the Curtright Manufacturing Com¬
pany.
An act to provide for the appointment of a committee to ex¬
amine into the condition of the Treasury and the Central Bank,
in those years when there shall be no session of the Legisla¬
ture. and to repeal so much of the act assented to on the 28th
December, 1843, entitled " an act for the better regulation of
the Treasury, and prescribing the duties of Treasurer and
Comptroller General, and providing for the management and
security of the funds set apart for the payment of the public
debt, and defineing in part said fund," as conflicts with the pro¬
visions of this act.
An act to re-enact the second section of an act assented to
the 23d of December, 1839, entitled an act to appoint com¬
missioners to lay out and open a new road through a part of
Camden county.
An act in relation to insolvent debtors.
An act more effectually to provide for the collection and dis¬
bursement of fines imposed by courts of enquiry.
An act to compel all persons residents in the county of Cam¬
den, in the State of Georgia, to give in and pay the tax upon
the taxable property which they hold in said county.
An act to amend the police of the Penitentiary, to authorize-
an increase of the wages of several of the officers herein
named to allow the Governor, if necessary, in his judgment, to-
draw from the treasury the remainder of the appropriation of
1843 and to apply the same to the use of the Penitentiary, and
to compensate John Hadder out of the money now in the
treasury for the use of the Penitentiary.
416
JOURNAL OF THE
An act to explain and amend the 1st section of an act ap¬
proved 20th December, 1826, entitled ah act to define the lia¬
bility of securities on appeal, on stay of executions, and for the"
protection of bail on recognizance bond, note or other contract.-
An act to remove and establish certain election precincts in
•certain counties therein named.
An act to levy and collect a tax for each of the political years
1846 and 1847.
An act for the relief of William Robinson, junior, of the
county of Forsyth.
An act for the relief of John C. Edmonson, of Wilkinson
county, and Elijah Reamer Young, of Thomas county.
An act to incorporate the Mountain Fire Company of Dah-
lonega.
An act for the relief of James W. Reeve.
An act to repeal an act assented to December 23d, 1830,
giving the sum of three dollars to each of the superintended of
elections in the several counties of the Eastern Circuit, except
the county of Bulloch, so far as respects the county of Wayne.
An act to extend the provisions of an act assented to De¬
cember 11th, 1841, and also, an act assented to December
22d, 1843, so as to exempt from levy and sale certain property
therein mentioned.
An act to authorize the justices of the inferior court of Floyd
county, or their successors in office, to assess an extra tax on
the citizens of said county, for the purposes of paying for the
public buildings of said county, and to compensate Wm. A.
Moore, county surveyor of said county, for aiding in running a
line between the counties of Floyd and Chattooga.
An act to alter and amend the several acts now in force in
relation to the taking of sheriffs' bonds.
An act to establish additional election precincts in the coun¬
ties of Cherokee and Muscogee, and to remove certain election
precincts herein specified.
An act to prohibit colored mechanics and masons, being
slaves or free persons of color, being mechanics or masons, from
making contracts for the erection of buildings, or for the repairs
of buildings, and declaring the white person or persons directly
or indirectly contracting with or employing them, as well as
the masters, employer, manager or agent for said slave, or
guardian of said free person of color, authorizing or permitting
the same, guilty of a misdemeanor, and prescribing punishment
for violating this act.
An act to incorporate the Flint River Steamboat Company.
An act to amend an act incorporating the Talbot Guards,
in the county of Talbot, assented to 7th of December, 1841.
An act to define the rights and powers of administrators de
bonis non.
Mr. Boynton, from the Committee on Enrollment, reported
SENATE.
417
•5.S duly enrolled and ready for the signature of the President,
the following acts, viz :
An act to authorize the issuing of grants to such lots of land
and fractions as are embraced in the several counties of this
State, in the land lotteries of 1S21 and 1827, and the land and
gold lotteries of 1832, and no provisions heretofore made for
granting; and to such other lots (embraced in the aforesaid
land and gold lotteries) as the granting of which has been ar¬
retted by an Executive Order, on account of forgeries and era¬
sures upon the Books of the Executive Department.
An act to incorporate the town of Cumming, in the county
of Forsyth.
An act to define the duties of the Brigade and Division In¬
spectors, to regulate their pay, and for other purposes.
An act for the relief of Elisha Burson, tax collector of the
county of Warren.
An act in relation to affidavits of illegality.
^•An act to authorize the Justices ot the Inferior' Court of
Lumpkin comity to levy an extra tax.
An act to cede to the United States of America all the right,
title and interest of the State of Georgia in, to, and over a re¬
serve of twenty acres of land on the Island of Cock Spur, in
the Savannah river, and also the jurisdiction thereof.
An act to alter and amend an act to compensate Grand and
Petit Jurors of the several counties herein named, and to pro¬
vide payment of the same, assented to 23d December, 1837.
An act to establish sundry election precincts in the counties
therein named, and to remove and abolish sundry other election
precincts therein specified.
An act for the relief of James M. Davis, of the county of
Talbot.
An act to authorize and require the Justices of the Inferior
Court of the county of Randolph to pay John B. Sevell, a
teacher of poor children, his account for teaching poor children
in the year 1838 and 1839, from the poor school or education
fund and to authorize the Justices of the Inferior Court of
Stewart county to remunerate Samuel Adams for money paid
out by him for teaching of poor children under the common
school law of 1839. . T _ . ~ , f
An act for the relief of John Temples,, of the county of
^An^act to regulate the empanneling of the Grand Jury and
Petit Jury in the county of Camden.
An act to remit a forfeiture incurred by James J. Davis.
An act incorporating Rock Island Factory Company, Colum¬
bus Factory Company, and Potatoe Creek Manufacturing
° An aact'for the relief of the Oglethorpe Insurance and Trust
C°An acffor the relief ofB. W. Castleberry, of the county of
53
418-
JOURNAL OF THE
Forsyth, and Henrietta Weaver, of the county of Camden,
An act to authorize Hezekiah R. Foote to build a mill dam
across the Chattahoochee river, at or near the place where the
Western and Atlantic Rail Road crosses the same ; and to au¬
thorize Johnson P. Wellborn, of the county of Union, to build
a mill dam across Notley river, in the county of Union.
An act to exempt journeymen mechanics and laborers of this
State from the garnishment of their wages.
An act for the relief of Benjamin Wilkinson, of the county
of Scriven.
An act to amend' an act entitled an act to regulate escheats-
in this State and to appoint escheators, approved December
5th, 1801, so far as relates to the county of Chatham.
An act to authorize the Justices of the Inferior Court of
Cobb county to levy an extra tax on the citizens of said county
for certain purposes therein named.
An act in relation to the public officers and their sureties.
An act to amend the 12th section of the judiciary act of
1799.
An act to authorize Alexander II. Reese to erect a mill dam
from the Western bank to an Island in the bed of the Chatta¬
hoochee river, and to authorize James Law to erect a toll bridge
across the Chattahoochee river.
An act to authorize the Justices of the Inferior Court of the
county of Lowndes to appoint commissioners to make titles to-
lots sold in said county, and to sell unsold lots.
An act to authorize and require the Justices of the Inferior
Courts, or a majority thereof, of the counties of Telfair and
Irwin, to- examine and to allow to the tax collectors of said
comities their insolvent lists.
An act for the relief of H. T. Dickin, of the county of Butts
and Samuel T. Andrews, of the county of Randolph.
An act to incorporate the Augusta Manufacturing Company
the Richmond Manufacturing Company, and the Georgia Man¬
ufacturing Company.
An act to repeal so much of an act passed 3d December,
1839, as relates to the mode and manner of electing Clerks and
Marshals of the corporation of the city of Milledgeville.
An act to add lot of land number 118, in the 11th district of
formerly Muscogee, now Marion comity, whereon James Lay-
field now resides, to Talbot county.
An act to alter and amend the third and fifth sections of an
act to incorporate the Memphis Branch Railroad and Steam¬
boat Company, passed December 21, 1S39.
An act to authorize the Sheriff of Dooly county to advertisi
his sales in his Judicial Circuit, or in the city of Macon.
An act to reduce the Sheriffs' bonds in the county of Sumter.
An act for the admission of certain evidence in cases therein
mentioned.
An act to explain the tenth section of an act passed on the
SENATE.
419
ISth December, 1792, entitled an act to protect the estates of
orphans, &c.
An act to establish additional election precincts and remove
others already established in certain comities therein named,
and to regulate the same.
An act to incorporate the South-western Rail Road Compa¬
ny, and the Columbus and South-eastern Rail Road Company.
An act for the relief and benefit of Candis R. Carter of
Talbot county. '
An act to amend an act entitled an act to establish a general
system of education by common schools, passed 23d Decem¬
ber, 1843, so far as relates to Lowndes county.
An act to alter the time for the election of Electors of Presi¬
dent and Yice President of the United States.
An act to incorporate the Muscogee Rail Road Company,
and to punish persons who may violate the provisions of the
same.
Ail act to change the Court of Ordinary in the county of
Camden to the first Monday in January.
An act to allow Alexander Mobley, late tax collector of the
county of Irwin, his insolvent list.
An act to authorize Osborn McGinnis, administrator de bo¬
nis non of the estate of James B. Dougherty, late of Jackson
county, deceased, and guardian of the wards of said deceased,
to remove the said records from the county of Jackson to the
county of Forsyth, and make annual returns in the county of
Forsyth.
An act to provide for conducting the business of transporta¬
tion on the Western and Atlantic Rail Road, and for other pur¬
poses therein mentioned.
An act to change the name of David Thrash to that of Da¬
vid Smith.
An act to authorize Eustace Speer, Charles E. Nesbit, James
T. Nesbit, and Thomas W. Alexander, to plead and practice
law in the several courts of this State, upon certain conditions
therein prescribed. •
An act to grant the rights and privileges of citizenship to
Isabella Hicks and her children, and Neely Justice, of the
Cherokee tribe of Indians, and to remove all legal disabilities
heretofore imposed on said tribe of Indians.
An act to relieve James M. Ware, Henry Kingsberry, Jona¬
than Long, Joel J. Flanagan and P. H. Castleberry, of the
county of Paulding, from the payment of a recognizance or
penal bond. _
An act to amend the fifth section of an act for the establish¬
ing and regulating patrols, approved November the 18th, 1765.
An act to authorize the grant for lot of land No. 178, in the
13th district of Dooly county, to issue to Elisha Smart, and to
vest the title to said lot in him, his heirs and assigns, and to
420
JOUKNAL OF THE
correct and amend the lottery list of fortunate drawers so far
as the drawer of said lot is concerned.
An act to incorporate the Augusta Fire Company, and to
grant to them certain exemptions.
An act to alter and fix the time of holding the Inferior Comt
of Ware county, and to fix the time of holding the Superior
Courts in the counties of Burke, Jefferson and Richmond, and
the Inferior Court of Richmond.
An act for the relief of Abel Lewis, of the county of Burke,
and his securities, and also, William W. Seals, on certain condi¬
tions.
An act to appropriate money for the support of government
for the years 1846 and 1847.
An act to apportion the Representatives among thp several
counties in this State, according to the seventh section of the.
first article of the Constitution.
An act to incorporate the proprietors of the Augusta Canal,
and to confirm certain Ordinances of the City Council of Au¬
gusta therein mentioned, and to punish those who may injure
their property.
An act to amend an act entitled an act to incorporate Ogle¬
thorpe University, and the several acts in relation to the Acad¬
emy at Carrollton, in Carroll county.
An act to prescribe the mode of signing judgments and is¬
suing executions against indorsers in certain cases.
An act to incorporate the Columbus Water Lot Company, in
the city of Columbus, to be called "The Water Lot Company
of the city of Columbus."
An act to commute the bonds of this State, issued in redemp¬
tion of the bills and liabilities of the Central Bank of Georgia.
An act to compel the Banks of this State to pay a tax on the
highest amount of Bank Stock hereafter returned by them as
subject to taxation, within the limits of their respective charters.
An act to authorize the Justices of the Inferior Court of
Lowndes county to sell and dispose of all the land in and about
Franklinville, which belongs to said county.
An act to amend an act entitled an act to amend an act to
alter and fix the times of holding the Superior Courts in the
Eastern District of this State, assented to the 26th day of De¬
cember, 1837, assented to 23d December, 1840.
Also, the following report and joint resolution, to wit:
A report and resolution in favor of Benjamin T. Bethunc.
A report in relation to the financial condition of the Treasury.
A resolution authorizing the Cashier of the Central Bank to
cause the fi. fa. issued against Wiley W. Cullens, as endorser of
a note by William G. Smith, to be entered satisfied, and also the
fi. xa. against M. J. Kenan.
A resolution in favor of Samuel B.Webb, tax collector of the
county of Pulaski, in 1841.
SENATE.
421
A resolution in favor of Richard M. Orme and David C.
Campbell.
A report and resolutions from the Committee on the State ef
the Republic, relative to the controversy between the State of
Massachusetts and the States of South Carolina and Louisiana.
Mr. Stell, from the Committee on Enrollment, reported as du¬
ly enrolled, and signed by the Speaker, and ready for the signa¬
ture of the President, the following resolutions, to wit:
A resolution for the establishment of a mail route from Ma¬
rietta to Dahlonega.
A resolution in relation to William Hotchkiss' codification of
the laws of this State.
A resolution authorizing the Governor to furnish certain di¬
gests upon application.
A resolution in favor of Thomas Allen, for services as Brig¬
ade Inspector.
A resolution to furnish the county of Marion with certain di¬
gests.
A resolution authorizing the Governor to receive certain arms
from the Captain of the Savannah Guards.
A resolution relative to the removal and erection of a certain
building in the Penitentiary for the use of the Assistant Keeper.
A resolution in relation to distribution of laws and journals.
A resolution authorizing the Governor to pay over a certain
sum of money to Leonidas B. Mercer.
A resolution relative to a mail route from Dahlonega, Ga., to
Spring Place, Ga.
A resolution in favor of Baradel P. Stubbs.
A resolution relative to the Bank of Darien.
A resolution relative to a window in North-east room of the
Capitol-
A resolution requesting the Governor to allow certain papers
to be taken out of the Surveyor General's office, in relation to
certain plats of lots of land.
A resolution authorizing the completion of incomplete records
ill the Secretary of State's office.
A resolution in relation to the interference of the Common¬
wealth of the State of Massachusetts with the rights of the
State of South Carolina.
The report of the Committee on Finance in relation to the
memorial of the Bank of the State of Georgia and Planters'
A resolution authorizing the Governor to furnish the several
counties herein named with certain digests.
Mr. Miller offered the following resolution, which was
agreed to ■
3Resolved, That the President appoint a committee of three,
to ioin such as may be appointed by the House, to wait on his
Excellency the Governor, and inform him that both branches
of the General Assembly are now ready to adjourn sine die.
422
JOURNAL OF THE
Whereupon, the Chair appointed Messrs. Miller, Lewis and
Ridley.
Mr. Calhoun offered the following resolution, which was ta¬
ken up, read and agreed to:
Resolved, That the thanks of the Senate are hereby tendered
to the Honorable A. H. Chappell, for the efficient and dignified
manner with which he has discharged his official duties as
President of the Senate.
Resolved, That the thanks of the Senate are tendered to
Thos. R. R. Cobb, Esquire, Secretary of the Senate, and Ben¬
jamin F. Hardeman, Assistant Secretary, for their very efficient
and satisfactory discharge of their duties during the present
session of the Legislature of Georgia. *
The following message was received from the House of Rep¬
resentatives, by Mr. Word, their Clerk:
Mr. President—I am directed by the House of Representa¬
tives to inform the Senate that the House of Representatives is
now ready to adjoqrn sine die, having completed the business
of the session, and have appointed, in concurrence with the
resolution of the Senate, as a committee on their part to wait
on his Excellency the Governor, Messrs. Brantley, Anderson of
Chatham, Jackson^ Robinson of Wilkes, and Mustian.
Mr. Miller, from the committee appointed to wait on his Ex¬
cellency the Governor, and inform him that both branches of
the General Assembly are now ready to adjourn sine die, re¬
ported that the committee had performed that duty, and had
received for answer, from his Excellency, that he had no fur¬
ther communication to make to the General Assembly.
The President of Senate, after a few appropriate remarks,
adjourned the Senate without a day.
RULES OP SENATE FOR 1845.
1st. The President having taken the chair, a quorum being
present, the Journal of the preceding day shall be read; imme¬
diately after which, it shall be in the power of any member to
move for a re-consideration of any matter therein contained,
{providing such member, at the time of reading suek matter,
•shall notify the Senate of his intention to move such recon¬
sideration,) except such matter as has been heretofore re-con¬
sidered. But in cases where the life of an individual is con¬
cerned there may be two re-considerations.
2d. Every bill or resolution having been lost ox passed, and
again re-considered, shall immediately thereafter, by the Secre¬
tary of the Senate, be plaeed on file, in the standing order, and
■be taken up accordingly, and take precedence from the time
•of reconsideration only, unless otherwise directed by the Sen-*
ate.
3. No member shall speak to another, or otherwise interrupt
the business of the Senate, or read any printed paper, while the
journal or public papers is reading, ©r 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 question
■under consideration, and at all times avoid personality.
5th. Mo member shall speak more than twice in any one de¬
bate, 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 Presi¬
dent.
7th. No motion shall be put ©r debated until the same be se¬
conded.
8th. When a motion is made and seconded, it shall 'be re¬
duced to writing, when required, by the President or any mem¬
ber, 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 arranged. The motion for adjournment
shall always be in order, and decided without debate; but the
motion for adjournment a second time shall be out of order, un-
S the question before the Senate is first disposed of.
10th The previous question being moved and seconded by
a majority the question from the chair .shall be.: " Shall the
424
RULES OP SENATE.
main question now be put ?" and if the nays prevail, the ques¬
tion 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 members,
each member called upon, shall (unless excused) declare open¬
ly 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 committees. But all
resolutions expressing the opinion of the Legislature, shall lie
at least one day on the table, unless otherwise ordered by a ma¬
jority of the Senate.
14th. No bill shall be committed until it shall have been
twice read) after which it may be referred to a committee.
15th. 'When 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 decided by the
President without debate ; but if there is a doubt in his mindr
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 writ¬
ing, that the President may be better enabled to judge of the
matter.
17th. When a. blhnk is to be filled, and different sums and
different days are proposed, the question shall be taken on the-
highest sum and most distant day first.
ISth. .All petitions shall be numbered as they are received, and
taken up and decided on, in the same order as they were re¬
ceived.
19tb. No 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 au¬
thorized*, for any or all absent members) as the majority of such
members present shall agree, at the expense 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. No member shall leave his seat after adjournment, un¬
til the President shall have left the room.
21st. There shallbe four standing Committees of Senate ap¬
pointed at the commencement of each session. First, Com¬
mittee on Privileges and Election ; second, on Petitions; third,
©n Enrolments; fourth, to examine the Journals of the Senate :
RULES OF SENATE.
425
which committees not to consist of more than fire members
each; and it shall be the duty of the Committees on Privileges
and Elections, to examine and report upon the certificates of the
elections, or other credentials of the members returned to serve,
and to take into their consideration all such petitions and other
matters touching elections, and returns, as shall or may be pre¬
sented, or come in question, and be referred to them by the
Senate.
22d. "When any communication is received from the Gov¬
ernor, 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 en¬
gaged at the last preceding adjournment, shall have the .prefer¬
ence in the order of the day, and no motion, or any other busi¬
ness shall be received until the former is disposed of.
24th. No standing rule of Senate shall be altered without
one days notice being given, expressing the intended alteration,
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 Engrossing
and Enrolling Clerks, shall be sworn or affirmed before the pre¬
siding 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 be¬
fore they enter upon the discharge of such duties.
THE ORDER OF THE DAY SHALL BE 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 Representa¬
tives.
Resolved, That hereafter, 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 residence of citizens, without the written application of the
nerson. whose name or residence is proposed to be changed, or
whose reputed children are proposed to be legitimatised, and
that this resolution be entered as one of the standing rules of
the Senate.
Taken up and agreed to, November 24, 1845.
54*
INDEX.
ASSEMBLY, GENERAL
Commenced, 3
Senators in attendance, 3
Organization, 5
In relation to adjournment sine die, 211
Committee to bring up unfinished business 305,373
Mr. Martin added to foregoing committee, 403
Senate informed that the House of Repre¬
sentatives are ready to adjourn, 422
Mr. Miller reports that the Governor has no
further communication to make, 422
The President adjourns the Senate sine die, 422
ABSENCE.
To Mr. Smead, 59
Crawford, 74
Hardeman, 103, 132
Broaddus, 144
Harris, 146
Lee. 152
Moody and Curry, 161
Allen and Chastain, 331
Wm. Q,. Anderson, 334
Smead and Hackett, 380
ACADEMIES.
Trustees of Decatur county, to execute a
deed, 107, 129, 157, 284, 395
Waynesborough—to enlarge and extend
the powers of, 221, 243, 254, 410, 414
Mount Carmel—to amend act incorporating, 295,
304, 322, 359, 414
Carroll county—act revived, 372, 385, 420
ARSENAL. , j ,1
Milledveville—For its removal and other pur-
° poses, 114j 261,411
- Savannah—For the repair of, 153, 414
APPLING COUNTY.
Tnstices of the Inferior Court to allow in¬
solvent lists, 122, 136, 244, 299, 394
To add part of to Wayne, 122,136, 158, 286
428
INDEX.
APPROPRIATIONS.
All claims to be referred to a committee, 130
To appropriate money for the support of
government, 279, 280, 302, 305, 311, 31G, 320,
331, 334, 336, 342, 344, 354, 373, 3S4, 387, 420
ARMORY AND FOUNDRY.
Relative to establishing a National, 143, 181,
386, 396
ATTORNEYS.
To restrict tax fees of, 310, 325, 351, 367, 404
ADJOURNMENTS AND MEETING.
Order in relation to daily, 177, 185, 205
APPORTIONMENT.
To apportion the representatives among the
counties, 144, 18S, 236, 400, 420
ADMINISTRATORS.
Their rights and powers, de bonis non, 221, 244,
264, 412, 416
AUDITING COMMITTEE
Appointed to examine members accounts, 261,
AUCTIONS AND AUCTIONEERS.
To amend tfie acts of this State in relation
to, 280, 287, 302, 347
AUGUSTA, CITY OF
To regulate ferries and transportation, 370, 413
ARCHIVES.
To authorize the use of certain papers, 374, 381,
396, 421
BANKS.
Central—Report of, 40, 54
Extension to debtors, 52, 66, 72
Resolution calling upon Director, 107, 113, 149
Director to enforce criminal laws against
attorneys, 176
A committee to examine, 152, 171, 232, 401, 415
Mr. Lee's resolution, 177, 182, 187, 333
Enquiries addressed to the Director, 180, 224
In relation to, 232, 396
Mr. Martin's report, 282
A. call upon the Cashier in relation to the
value of Darien Bank bills, 286, 295
To publish report of commissioners, 374, 383,386
Mr. Calhoun's report. 408
Of the State of Georgia—To elect Director, 48
Hiram Roberts elected Director, 61
Memorial in relation to Darien Bank debt, 113,
162, 387, 403
A communication from the Governor, 341
Of Augusta—To extend corporate existence, 52, 66, 72,
79, 87, 348,405
INDEX.
429
BANKS—(Continued.)
Milledgeville—For relief of, 107, 129, 157, 283, 310, 3.94
Resolution in favor of, 176, 289, 386, 406
Planters'—Petition in relation to bills of the Bank
. of Darien, 114, 162, 387, 403
Report of committee, 172
Commercial, of Macon—
Resolutions relative to, 176, 188, 192, 196
" in favor of, 176,289, 386,406
For the relief of, 320, 325, 351, 369
Darien-^Reso. in relation to, 176, 188, 289, 387, 406, 421
To burn bills of the Bank of, 3S0
Augusta Insurance and Banking Co,
To reduce their capital, 2S3
All Banks of this State to pay, tax on the highest
amount of stock, 177, 188, 236, 400, 420
BANKING.
To amend the act authorizing, 82,100, 117, 121,
205, 406
BEAUCHAMP, MARTHA
Legal heir, 46, 57, 72, 137, 179, 183
BALDWIN COUNTY.
To change the times of holding Superior
and Inferior Courts, 53, 67, 101, 126, 137, 154
BOUNDARY.
Message in relation to, 70, 169, 387, 396
BRIDGES.
Justices of the Inferior Courts to contract
for the building of, 82, 102, 128, 281, 393
James Law to build a toll, 228, 390
BECKHAM, CAPT. SAMUEL
To erect monument over his grave 85,212,378,393
BAKER COUNTY.
To add part of to Lee, 137, 172, 245, 3(
BONDS, OF THIS STATE
To commute certain, 177, 188, 237,400,
BURKE COUNTY.
Property situated m the county to pay tax
in, ' 221,243,264
To fix the time of holding Courts, 361, 386, 420
BRYAN COUNTY.
To add part of to Bulloch, 294, 304, 323, 360
BIBB COUNTY.
Precincts in, 31o, 32o, 3oQ, 364,
County Treasurer, 323, 326, 352, 371,
CHAPPELL^A^ president of Senate,
CLERK OF HOUSE OF REP.
J. J. Word,
430
INDEX.
COMMITTEES—
To wait upon the Governor, 6, 8
Standing—appointed, 7
House com. to wait on Governor announced, 7
Joint standing—to appoint, 31, 41, 54
Standing, 31, 41, 53, 55
CUSTOM HOUSE.
State's consent to sale of lot for, 7,29, 33,53,63, 68
CRAWFORD, GEO. W.
Announced as Governor elect, 29
Committee to wait on and request acceptance, 29
Acceptance announced, 39
COMPTROLLER GENERAL.
David E. Bothwell elected, 55
To deliver to Ab. Thornton an execut. 75, 141,180
In relation to fees, 92, 103, 104, 221, 247, 3S7, 406
Late extra clerks, 115
To print in advance the report of, 161, 387, 396
To audit acpts. for taking census, 167,178,193,196
CENSUS.
In relation to returns, 41, 45, 98 v
Governor's message in relation to, 106
Committee to examine returns, 106, 115, 143
Bullock returns, 111
Mr. Broaddus added to the committee, 112
Mr. Crawford added, 115
Compensation for taking, 130, 136, 156, 162, 179
Message in relation to the appropriation, 209
CARROL COUNTY.
An additional election precinct, 69
CAMPBELL COUNTY.
1 To add Levi Phi iip's premises to Coweta, 43, 57,
64, 67, 77, 8S
COUNTY LINES.
To change between Glynn &. Wayne,222,244,269
" " Floyd and Cass, 310, 325, 351,
363, 413
To mark out between Telfair and Ware, 324, 353,
378, 390, 414
To define line between Hancock and Talia¬
ferro, 343, 377, 379
To change line between Macon and Craw¬
ford, 343, 379, 410
COLLEGES.
To amend the act to establish the Southern
Botanical Medical College, 74,100,116,348,495
Franklin College—
Laws and Journals of the Senate and Ho.
of Representatives to. 75, 142, 189
INDEX.
431
COLLEGES.
Emory College—
Laws and Jour, of Senate and House, 75, 142, 180
Memorial from, 131; 242
Medical College of Georgia—
To amend charter, and for other purposes, 320,
326,352,368,414
CAMDEN COUNTY.
Residents to pay taxes in, 77,100, 117, 408,415
To amend the act of 1S39 in relation to new
road, 114, 125, 223, 400, 415
Time for the meeting of the court of ordina¬
ry, &c., changed, 133, 147, 227, 407, 419
To regulate the empanneling of Jurors, 324, 353,
378, 397,417
JHATTOOGA COUNTY.
In relation to tax collector, 79
To add part of, to Floyd, 96, 125, 154
COURTS OF THE U. S.
Supreme—In favor of publishing Decisions, 355,
386, 406
Superior—to alter the time of holding courts
in East, district, 294, 304, 323, 359, 386, 388,420
Inferior—Justices of the—in certain counties,
to examine insolv. lists, 99,102,128, 136, 149,179
To reduce the number of Justices, 113
Ordinary—To appoint their clerks guardians
in certain cases, 214, 244, 264, 398,412
in relation to executors, guardians, clerks and
others, 221, 222,244, 266
Common Pleas and Oyer and Terminer—
To hold a special court, 222, 244, 268
CHATHAM COUNTY—
To exempt commissioners of public roads
from patrol duty, 107, 129, 158, 284
To amend escheat act of 1801, 109, 125, 134,
398, 418
In relation to elections in. 310, 325, 351,
367, 413
To change the time of meeting of commis¬
sioners of roads, 324, 353, 378, 401, 414
CITIZENSHIP—
Granted to George Michael Lavender, 107, 129,
158, 284, 310, 405
Isabella Hicks and others, 108, 125, 135, 390, 419
To residents of Mcintosh in Liberty, 131, 136,
182, 192, 299
Neely Justice, 135, 390, 419
Matthew Thompson, 285, 310, 405
432
index.
CONSTITUTION.
To alter the 19th sec; of the 1st art. 122, 130,
15S, 296, 307, 311
To alter the 3d sec. of the 2d art. 145, 172, 245,
307, 334, 366, 413
To amend so as to allow one Senator from
each county, 168, 18S, 235
To amend 3d and.7th .sec. 3d art. 323, 353, 378,
402, 415
CHEROKEE COUNTY.
To repeal act consolidating offices of tax
collector and receiver, 144, 2S7, 302, 328, 406
Assess an extra tax, 294, 304, 323, 353, 394
In relation to precincts, 315, 324, 350,362, 386,416
COLUMBUS—City of
The revenue hill of the 145.172,245, 307,335,405
For the relief of, 170,287, 302, 346,355
To amend the charter, 319, 326,352, 369, 414
CLAIMS—Against the United States.
Reso. in relation to, 147
Message from the Governor, 167
Mr. Jackson's report, 259, 406
Of certain Attorneys.
To .audit their claims, 150, 288, 303, 358
To audit th,e claims of W, Y. Hansell, F.
H. Saliford and T. C. Hackett, 163, 170, 196
Message in relation to foregoing claims, 212,270,276
CESSION—twenty acres on Cockspur Island to the U.
States, 169, 188, 236, 407, 417
GUMMING—Town of
To incorporate the 220,243, 254, 390, 417
COBB COUNTY.
To levy an extra tax, 310, 325, 351, 367, 418
In relation to precincts, 315, 325, 350, 364, 406
COLE, H. G.—For certain services, 312
CRAWFORD, WILLIAM H.
In relation to, 273, 334, 387, 396
CREEKS—to keep open Central Hatchie, 323, 353, 378,
402, 414
CERTIORARI^
To traverse returns, 324, 353, 378,388
CAPITOL—Relative to a window, 373, 381, 421
DOOR KEEPER—David Walker elected, 5
DOCUMENTS .accompanying message, referred, 28, 36, 40
Colonial, 32, 37, 39
In relation to an interchange of, 169
DEKALB COUNTY—To alter the time of holding
Inferior Court, &c. 50, 66, 72, 150, 178, 183
To repeal act to comp. jurors 320,326,351,369,413
" add part of to Newton, 320, 326, 351, 377
ISUEEX.
433
DAVIS VILLE—To repeal an act to incorporate the
n[,DrTia 69,91,94,348, 405
DEBTS, STATE—To Messrs. Reid, Irving & Co. 90
„ * -p.T A7- ^ how t0 recover, 92, 101, 119, 34S, 404
DEADLY WEAPONS—To protect against the use
of, 99 J03 128 139 ]79
DEAF AND DUMB-—To amend the act to provide
for, 213, 287, 302, 347, 355, 373, 404
DUTY ON R. R. IRON-To refund to the State of
Borgia, 229, 357, 386, 406
DOOLY COUNTY—Poor school fund 295,303, 322, 359,386
Where sheriff to advertise, 319, 326, 352, 371, 418
DADE COUNTY-—To forward digests to, 332
DIVORCES—Jas. Gay lord and his wife, 349
DIGESTS—For the distribution of, 374, 387, 408, 421
EDITORS—
Allowed seats, 6
ELECTIONS—
In Senatorial Districts, 31, 34, 36, 43, 82
To bring en—Secretary of State, Comptrol¬
ler General, Treasurer and Surveyor
General, 41, 48, 53, 55
General—to regulate the, 50, 66, 72
To elect State Printer, 56
Superintendents to file in the office of the
Clerk of the Superior Court one list of
voters, 99, 103, 128, 140, 196
To amend the 4th sec. of the election laws
of 1831, 99, 102, 128, 139
ENGINEER—CHIEF
Reso. to censure, 81, 106, 162
A call upon the Governor for all orders is¬
sued to, 116,124
To fix his salary and to provide for his elec¬
tion, . ISO, 242
In relation to Engineer—Subs, Clerks, &c., 191,
224, 340
EFFINGHAM COUNTY.
To repeal acts establishing bridge and toll
gateV 82,100,118,348,406
To amend road and patrol laws of 1843, 107, 129,
158, 285, 315
ESTRAY LAWS-^ 1e0; 28S) 303j 329, 394
ENR°LUNGsCO®nTTm ^ aaded ^
FORSYTHTCOtOTTYoDeKa^ 42,57,64,67,77
To forward Military Discipline to, 333
55
434
INDEX.
FLOYD COUNTY.
To repeal an act authorizing compensation
to superts. of elections, 99, 103,128, 140, 179
To assess an extra tax, 107,129,158,2S5, 310r
404, 416
In relation to precincts, 315, 325, 351, 366, 414
To forward- digests to, 333
To compensate Jurors, 348, 404
FINANCE.
Committee's Report,. 248, 403, 407, 420, 421
FRANKLIN COUNTY. N
To add Freeman's plantation to Madison, 150,
288, 303, 330, 332, 348,413
To amend an act to provide for the educa¬
tion of the Poor, 294, 304, 323, 361, 444
FERRIES.
To authorize certain persons to establish, 332,
353, 379, 391
Privileges granted to Eliza. Jones, 370, 413
FORT PULASKI.
Its completion urged, 333, 411
GOVERNOR OF THE STATE.
Returns, 27,28,29
Returns examined and result ascertained, 29
Mr. Stell's resolutions making various en¬
quiries, 247
Advised that the General Assembly are rea¬
dy to adjourn, 421
GRANTS—
To issue tb Stephen Ellis, 54, 66, 89,194,201,212
Preferen'e to settlers, 86,100,118,156,399,408,414
To correct errors in, 111, 136,147, 197, 298,
311, 395
In relation to ungranted lands, 122, 142, 241.
408,417
To issue to Elisha Smart, 131, 142,224, 242,
400, 419
To issue to James Bush, 150, 288,303,330, 395
To issue to John Bonner, 180, 242, 251
GILMER COUNTY.
To reduce Sheriff's bonds-, 69, 102, 128, 139, 179
GLYNN COUNTY.
To change the place of holding Justices
Courts, 77, 100, 116, 35S, 404
To add part of, to Wayne,. 122, 136, 158, 286
In relation to Courts of, 222,244,26S, 412,415
GRICE, STEPHEN
Reso. in favor of, 223, 384
HEAD RIGHTS.
In relation to grants, 35,43, 54,150,153, 179
INDEX,
435
HEAD RIGHTS—(Continued.)
To amend the act authorizing the Survey¬
or General to record all plats of survey, 63, 73,80
To extend the time for taking out grants, 95,102,
109, 112, 160,196
HOUSTON COUNTY.
To he added to the Southern Circuit, 69, 91, 231
HISTORICAL SOCIETY OF GEORGIA.
The petition of, 72
Laws and Journals of the Senate and Ho.
of Representatives, 75, 142,180
HESTER, DIANA
For the relief of the estate of, 77,100, 117
HABERSHAM COUNTY.
To add part of, to Hall, 69, 102, 128, 138,179
Sheriff to advertise, 96,125,133
To repeal an act compensating Jurors, 98, 103,
129, 141, 154
To repeal an act consolidating collectors and
receivers offices, 255
HALL COUNTY.
Sheriff to advertise, 96, 125, 133
To reduce Sheriffs hond, 98,103,129,141,154
HEARD COUNTY.
To add parts of, to Troup, 180, 242, 251
HOMESTEADS—
And other property exempt from levy and
sale, 180,244,265, 270, 280,410, 416
HENTZ, JOHN
In relation to his death, 189
The funeral, ' 190, 316
Resolution in relation to, 280
HANCOCK COUNTY.
To repeal an act to consolidate collector's
and receiver's offices, 320, 326, 351, 367,413
HENRY COUNTY.
To add part of, to Pike, 323, 353, 378, 387, 413
To forward Military Discipline to, 333
INAUGURATION.
Committee of Arrangements, • ^
u « of the H. of R. 30
The Governor took tjre oath, 31
INCORPORATIONS. . .
To amend—-act authorizing the creation^of,
Chat, and Flint River Steamboat Comp., 42, 43,
° 66, 126,154
Savannah Sav. Inst. 56, 66, 73,150, 179, 183
Columbus Fire Co. No. 1, 99,102, 128, 139, 196
Irwinton Bridge Co., 320, 326, 352, 369, 385,413
436
INDEX.
INCORPORATIONS—(Continued.)
For the relief of—
Ogleth'e Ins. and Trust Co. 324, 327, 352,376, 417
Mam/facturing Companies.
To incorporate—The Coweta Falls Manufactu¬
ring Company, 41, 57, 64, 84, 85,187, 205
The Columbus Water Lot Company, 41, 57, 187,
226, 389, 420
The Gregg Manufacturing Co., 74,100,187, 200
The Augusta Manufacturing Co. 77,100, 187, 201,
210, 239, 389, 418
Flint River Manufacturing Company, 114, 126,
164, 166,170, 178, 187, 194, 197, 240, 246, 266
Georgia Manufacturing Company, 201,389, 418
Richmond Manufacturing Company, 202, 389, 418
Muscogee Manufacturing Company, 267
Rock Island Manufacturing Co., 332,353, 378, 392
Curtright Manufacturing Company, 335, 353, 378,
390, 403,415, 417
Athens Manufacturing Company, 343, 379, 410
To incorporate the Chattahoochee Company, 52, 65,
66,231
Columbus Engine Company No. 2, 62, 73, 89,
358, 366,405
Augusta Canal Proprietors, 69,91,143,181, 183,
186, 193, 389, 420
I^lint River Steamboat Co., 69, 91, 183, 400, 416
Rabun Turnpike Co., 122, 136, 244, 299, 311, 394
Oglethorpe Fire Company, 157, 182
Mountain Fire Company, 197, 243, 254, 401, 416
Augusta Fire Company, 229, 244, 269, 398, 420
Jasper Lodge No. 8, 315, 324, 350, 364, 403
Unity Lodge No. 36, 315, 325, 350, 362, 385, 414
Benevolent Associatiotis.
Central Baptist Ass. of Geo., 63, 73,80, 349, 404
Ladies' Education and .Benevolent Society
of the Methodist Episcopal Church of the
city of Columbus, 92, 101, 118, 357, 404
The Augusta Benevolent Society, 118, 357, 404
Mechanics' Benevolent Society of Savan¬
nah, 122, 130, 158,286, 315
i INTEREST—to alter the law in relation to interest on
money, 63, 74,108,119,121,123, 223, 263,266
Grand Jury presentments of Putnam, 152
ITINERANT TRADERS—to amend the acts in rela¬
tion to, 88, 102, 109, 112, 115, 119
Exemptions to certain individuals, 95,102,127,137
INSOLVENT DEBTORS—relative to, 92,101, 119, 412,415
ILLEGALITY—relative to Affidavits of, 92,101,119,412,417
INDEX.
43 7
IRWIN COUNTY—Justices of the Inferior Court to
allow insolvent list, 114,126, 135, 398, 418
To allow tax collector ins. list, 132,147,227,389,419
To furnish certain digests, 187, 320,321,351,369,380
To add part of to Baker, 314, 325, 350, 366
Clerks to keep their offices within one mile of
court-house, 320,326,352, 368
INHERITANCE—to point out the mode in certain ca¬
ses, 294, 304, 323,f*363, 385, 415
JUDGES—Of Sup. Courts—to elect, 8,28,32,35,38,39,42,44
Elected—Hon. Aug. R. Wright for Cherokee District, 44
William B. Fleming for Eastern " 44
John J. Floyd for the Flint District, 44
Roger G. Gamble for the Middle District, 44
Nathan C. Say re for the Northern District, 44
James A. Meriwether for Ocmulgee Dist. 44
James J. Scarborough for Southern Dist. 44
Charles Dougherty for Western Dist. . 44
Robert B. Alexander for Chattahoochee Dist. 44
Supreme Court—to elect, 177, 204, 252, 259, 263
Elected.
Hon. Eugenius A. Nisbet for two years, 263
Hon. Hiram Warner for four years, 264
Hon. Joseph H. Lumpkin for six years, 264
JUDICIARY—Court for the Correction of Errors, 32, 37,
46, 49, 56, 58, 59, 163, 196
Mode of service on corporations, 63, 73, 91, 357, 404
In relation to claim laws, 69, 142, 182, 398, 418
Mr. Miller added to Judiciary Committee, 92
Certain copy executions to be introduced as
evidence, 99, 103, 129, 140, 221, 282, 315
To change time holding justices'crts., 108, 125, 224
Relat. to lessors ineject't. 122, 130, 158,286,289, 358
For admiss. certain evidence, 132, 147, 225, 408, 418
JUDICIAL.—To create a new Circuit, 50, 57, 65
District—of the United States, 43, 99, 387, 406
JURORS—In relation to selecting Jurors, _ 69, 91, 94, 248
Repeal of act to compensate in certain counties, 122,
r 136, 158, 297, 394
Amending act of 1837, 146, 157,232, 412,417
JACKSON COUNTY—to change the mode of com-
oensatina Jurors, 74,100, 116, 348, 394, 404
Amend road laws, 145,172, 245, 308, 393, 404
JEFFERSON—Village of, to amend actrf mco&> ^
Fixing time of holding courts, 361, 386, 420
thttrNALS—to amend, 1^8,185
JERNIGAN, H. W.—resolution to relieve, 211,249, 250, 259
JUDGMENTS-to, prescribe the modeofsigmng judg-
ments against endorsers, 222,244,268, 398, 420
438
INDEX.
53, 63, 89, 93
JACKSON, A.—in relation to, and for other purposes, 238, 272
Various amendments submitted and referred, 273
Committee reports, 334, 387, 39.6
JOURNALS—Engrossed—Com. report, 409
KING, WESLEY—Leave to record his vote, 40
KENAN, MR.—Added to Auditing Committee, 356
LAW—to authorize the following persons to plead and
practice law:
Alpheus Baker, Jr., 7, 29, 33, 53, 63, 89, 93
Logan E. Bleckley, 33,)
Edward T. Sheftall, 33,
Henry J. Stevens, 33,
Wm. H. Chambers, 33,
Norburn T. Taylor, 33,
Elbridge G. Oliver, 33,
John R. Bowman, 53, 67, 101, 127, 137, 154
George C. Smith, 127, 137, 154
Application to practice to be referred to select
committee 14LX
Wm. Roscoe Gorman, 151,2S7, 302, 328, 335, 394
Eustace Speer, 160,171, 235, 400, 419
C. E. Nisbet, J. S. Nisbet and T. W. Alexan¬
der, 235, 400, 419
LUMPKIN COUNTY—to repeal act consolidating tax
codecs' and receiv's. offices, 53, 67, 101,127, 137, 153
To levy an extra tax, 114, 125, 135, 400,415, 417
Part of, added to Union, 320, 326, 352, 370, 406
LIENS—with respect to, on judgments, 63, 66, 121, 244, 266
Mr. Miller reports a bill, 271
Mr. Chastain's report, 272
LOWNDES COUNTY—to appoint commissioners to
make titles of, 96, 125,134, 398, 418
In relation to common schools, 109,125,134, 401, 419
. Justices of inf. court to sell land about Frank-
linville, 144, 147, 228, 403, 420
In relation to poor school fund, 295, 303, 322, 359, 386
To compensate Sim. Strickland, 343, 379, 411
LAND—Discretion to administrators and others, in sell¬
ing land in certain cases, 107, 129, 157, 284, 315
In relation to ungranted land, 131, 142,241, 246,276
LEE COUNTY—to levy an extra tax, 343, 379, 411
LUMPKIN—town of, to make permanent the site of the
public buildings, 315, 324, 350, 361
LAWS AND JOURNALS—to publish and distrib¬
ute, 357, 394, 381, 386, 396, 421
LAWS—Statute, of Georgia—In relation to a compila¬
tion by Howell Cobb, 143,167,213, 387, 406
In relation to Hotchkiss' codification, 373,382, 383,
421
INDEX.
439
E"^—Lawson field elected, 6
MESSAGE—Governor's biennial, 8
Order to print, 8
Appropriately referred, 65
MILL DAM—Leonidas Franklin and others authori¬
zed to construct, 31, 34, 37, 75, 85, £3
In relation to, 36
David Ross, 122, 130,158, 285, 315
Alexander H. Reese, 143, 147, 228, 390, 418
Nathan Mattox, 323, 327, 352, 376, 3S6, 415
H. R. Foote, J. P. Wellborn 332,353, 378,392,418
Owner of a certain lot, 376, 386,415
MOSS, JAMES, and others, pray for the collection of
taxes in the winter, instead of the summer, 214
MURRAY COUNTY—.Owners of property in, to pay
tax in the county of, 41, 57, 64, S 3
Digests, &c. to be transmitted to, 144
To levy an extra tax, 144, 2S7, 302, 328, 394
MACON, CITY OF—Governor to draw warrant in
favor, 53, 67, 384
To amend the charter, 150,288, 303, 329
MYRICK DAYID—Dis. of his estate, 75, 100, 116, 344, 404
MILITARY—Mr. Chastain added to the committee, 92
Collec. and disb. of fines 152,171,237,403,407,415
Duty of Inspectors, 152,171, 237, 408, 417
Reso. in favor T. Allen, Brig. Insp. 223, 382, 420
MARION COUNTY—Justices Inferior Court to ex¬
amine insolvent lists, 99, 102,128,136, 149, 179
To add part of to Talbot, 123, 142, 227, 400, 418
Tnf. Court to draw jurors, 150, 288, 303, 329, 394
County site of, 171, 242, 253,412, 415
Digests to furnish to, 373, 380, 421
MUSCOGEE COUNTY—To change time of holding
Courts, 137, 172, 245, 306, 406
Establishing a precinct in, 362, 386, 416
MADISON COUNTY—To repeal act consolidating
tax col. and rec. offices 137,171,192,255,280,316
To add part of to Gwinnett, 150
MONROE CO.—To add part to Crawford 137, 172, 245, 305
MILLED GEYILLE, CITY OF
To amend charter, 144,147,153,159,191, o98,418
McHUGH, 395
MASSACHUSETTS—Relative to resolves of, 154, 387, 421
Mr. Jackson's report on the memorial, 374, 387, 39b
TVT ATI, ROUTES—Savannah and Charleston 155,157,163,180
lvlAlLi &U 188? 223j 229? 23Qf 246? 273; 316f
356, 373, 380, 381, 386, 396, 406, 421
McGINNIS, OSBOUN-Autteityasadmimstratorde
bonis noil, lo/, 243, 353, 398, 419
440
INDEX.
MONUMENTS over the graves of Senators and Rep¬
resentatives to be repaired, 191, 386, 395
McMICHAEL, S.—To refund to, 217/243
MECHANICS AND LABORERS—To exempt from
the process of garnishment, 252,. 399, 410, 418
Colored not to make contracts, 320, 353, 378, ■
389, 403, 416
MONTGOMERY CO.—To add part of to Telfair, 306
McINTOSH CO.—Pay of Petit Jurors, 310, 325, 351, 367
MARIETTA, TOWN OF—Amendatory, of acts of in¬
corporation, 310, 325, 351, 368, 413
MARTHASYILLE—to change name of 314,325,350,366,414
MACON COUNTY—to change the time of holding
Superior Court, 315, 324, 350 362
Reduction of Sheriffs' bonds, 343, 379, 410
MINORS—to give mothers the custody of, 324, 327, 352,
376, 385, 4>3
MERCER, L.—Resolution in his favor, 421
NAMES—to provide a mode for changing, 50, 57,124, 358
To change name of Jas. M. Lam berth, 32, 37, 43
Of Certain persons, 46, 57, 72, 137, 179, 183
Maria Ellen Allen, 69, 102, 128, 282, 310, 394
Cas. Fitzpatrick, 145, 287, 302, 327, 335, 395
David Thrash, 180, 243, 252, 408, 419
Emma Louisa Waller, 282, 310', 394
•Anna Rachael Dickson, 282
T. E. McLeroy, 328
ORGANIZATION—message from House announcing, 6
OLIVER, H. G.—to legitimate him and others, 7, 29,
33, 53, 63, 68, 76, 78, 89, 93
ORPHANS—to explain an act to protect estates of, 96,
125,134, 398, 419
PRESIDENT SENATE—A. H. Chappell, 5
In relation to the affixing his signature
to a resolution, 39
Vote of thanks to, 422
Adjourns the Senate, 422
PRINTING—Message, 8
Documents, 28'
In relation to an abuse, 93
To print only resolutions of general utility, 161
PRINTER—STATE—to elect, 56
Miller Grieve elected, 58
PENAL CODE—to amend 13th sec. of 13 div. 62, 73, 80
To amend 11th sec. of 10th div. 92,101,119,348,405
" add an additional sec. to 13th div. 132, 147, 227
PENITENTIARY—Reso. relative to its indebtedness, 75
Removal to or near Atlanta, 94,115, 242.
INDEX.
441
PENITENTIARY—(Continued)
Message relative to indebtedness of, 90
Police, 132, 147, 227, 295, 304, 322,377,
384, 403, 415
Average cost of subsistence, fuel, &c. 133
Mr. Lewis added to joint standing com. 133
Call for a statement of all moneys drawn
from the Treasury for use of, 187, 197
Payment of old debts, 192
Majority and minority reports joint stand.
com. 221, 256, 259, 289, 301, 340, 384, 407
Mr. WofFord's resolutions in relation
to Book Keeper, 271, 301
Resolution relative to a dwelling house
for Assistant Keeper, 289, 374, 382, 421
PARDONS—W. Burton 82,86,100,120,131,178,186,188
Charles Jones, 122, 130, 158, 182, 196
Henry Jones, 155, 156,162, 170, 172
Matilda Cogswell, 294, 304, 323, 361, 395
PIKE COUNTY—an extra tax, 99, 103, 129, 141, 179
Elections, 315, 325, 350, 364, 406
POOR CHILDREN—a call for the number entitled
to the benefit of poor school fund, 108, 3 20
PATROLS—to amend act of 1765,132,147,227,400, 419
PRECINCTS—In relation to, 36
Report of a consolidat. com. 344, 147, 22S, 369
To estab. sundry, 320, 325, 351, 362, 399, 419
To remove and establish, 323, 327, 352,
362, 372, 385, 399, 416, 417
PRESIDENT AND VICE P.
Electors of, 344, 221, 222,244, 268, 408, 419
POOR SCHOOL FUND—to amend law of 1843,
and for other purposes, 153, 171, 232
PUBLIC OFFICERS and their sureties.
In relation to 159, 171, 235, 410, 418
POST OFFICE in Bulloch county 230,246, 255, 334, 356
PULASKI COUNTY—to add part of to Telfair, 306
To change time of holding courts, 320, 326,
& 352, 369, 414
PETITIONS—MEMORIALS.
Peter Tiezvant, 35, 5b, 74
Citizens of Muscogee, 36
John W. Hooper, 41, 54
Moses Trimble, 42
Citizens of Effingham, 56
Samuel Williams, 62
Jas. W. Reeve, 62, 68, 91, 94, 348, 405, 416
Wm. Gregg and Geo. Gibbon, 62
5&L
442
INDEX.
PETITIONS—MEMORIALS—(Con.)
Polly Myrick, 75
From Pike, 82
From Marion, praying for a new county, 86,159
James M. Moon, 130
From Lowndes county, 132, 143
Praying the creation of a new county, 151, 156
Citizens of Lee and Randolph praying
for a new county, 222, 305
RULES—Adopted, 6
Amendment relative to changing names, &c. 68, 98
In relation to rules, 295, 305
To be appended to the Journal, 410
The Senate's Rules, 423
REPORTERS—Allowed seats, 6
Resolution to exclude the reporter of the Sa¬
vannah Republican, 97, 108, 110, 113
RELIEF OF John W. Brown, 31, 34, 36, 62, 68, 75
Sarah McKeen, 37, 43, 56, 344, 347, 405
Bur well J. Wynn, 42, 43, 66, 126, 153
H. T. Dicken, 86, 100, 234, 408, 418.
Samuel F. Jones, and others, 95, 102,127,136, 179
Elisha Burton, 96, 125, 134, 398, 417
John J. Hamilton, 98, 125, 133, 280, 315, 397
Sarah Walton, of Harris, 99,103, 128,140,179
Wffl. P. Rembert, 99, 102, 128, 139, 179
Robert P. Dickerson, 107, 129, 158, 285, 357, 404
John C. Hunter, 111, 136, 245, 300, 394
W. H. Wade, 111, 136, 244, 300, 394
Candis R. Carter, 114, 125, 210, 400, 419
James D. Hudson, 122, 130, 158, 297, 395
S. W. Burney and others, 122, 130,158, 285, 295, 395
Asa E. Thompson, 137, 172, 244, 297, 413
Alex. Means, 145, 287, 302, 327, 395
Green T. Partin, 178, 304,322, 349, 373, 403
John C. Edmonson, 180, 242, 253, 412, 416
James M. Ware, and others, 180. 243, 268, 390, 419
Silas Grubbs, 187, 243, 254, 407, 413
B. P. Stubbs, 188, 356, 421
S. S. Andrews, 234, 408, 418
Jas. M. Davis, 247, 269, 323, 353, 378, 391, 397, 417
E. R. Young, 253, 412, 416
Wm. Robinson, 294, 304, 322, 360, 366, 386, 416
John R. Cotting, 320, 326, 352, 370,404
Abel Lewis, 320, 326, 352, 363, 386, 420
James J. Davis, 324, 353, 378, 417
B. W. Castlebury, 324, 353, 378, 385, 403, 417
John .Temples, 324, 353, 378,397, 417
INDEX.
443
RELIEF—(Continued.)
Benjamin Williamson, 324, 353,378, 400, 418
Samuel B. Webb, • 335 379
W. W. Seals, 303, 386,' 420
Henrietta Weaver, 385 403, 417
R. M. Orme and D. C. Campbell, 387,409, 421
B. T. Bethune, 387, 409,420
Harper Tucker, 287 407
Wiley W. Cullens, 387, 407,' 420
M. J. Kenan, 420
RAIL ROADS—Central—Extension to Chattahoochee, 41,
57, 89, 94, 109, 111, 115, 145, 146, 147, 151, 358, 405
Western and Atlantic—Resolution relative to, 34, 35, 71,126
To suspend all operations on, 34, 78, 114, 164
Message in relation to, 81
For its extension, 117
Committee on Internal Imp. report in relation to, 217
For conducting transporta. on, 220, 243, 278, 398, 419
To provide for its completion, 238, 254, 314
To punish for unlawful interference with, 310, 325,
351, 367, 413
To extend, 310, 326, 350, 365, 386, 388, 406
Charleston and Georgia, to connect, 46, 76, 80
Memphis Branch—To amend act incorp. 86, 100, 119,
170,400,418
Middle Branch Rail Road Co.—To amend act of
1836, 92, 101, 208, 215, 216, 222,249, 255
Monroe—to amend the several acts, 93, 101, 208, 210, 277,
2S3, 316, 397
From LaGrange to Chattahoochee river, 93, 101, 208, 215,
223, 250
South- Western—To incorporate, 69, 124, 206, 389, 419
Columbus and South-Eastern R. R. Co. 207, 389,419
Muscogee—to incorporate, 319, 326, 352, 370, 419
RIYERS—Oconee—petition for the repeal of all acts in
relation to the navigation, 82,86, 101,118,* 343,405
Great Ogechee—Message from Governor relative to, 105
Flint-—Lien on boats for wages, &c. 122. 136,158,298,406
Removal of obstructions in, 145,287,302,327, 335, 395
Resolution relative to,
Savannah—Commissioners between Augusta and
Petersburg, 154,182,387,396
RABUN COUNTY—Where sheriff to advertise, 96,125, 133
RANDOLPH COUNTY—payment of J.B. Serell, 115,126,
An extra tax, u5> 172> 245> 308> 393
To amend road laws, 145,172, 245, 308, 335, 404
PW Jurors, W5,172, 245, 308,394
Property of ihe county to pay tax in, 153,171,234
441
INDEX.
RUCKERSYILLEt-YILLAGE OF—to amend the
corporation laws, 150, 288, 303, 328, 400
RICHMOND COUNTY.—Grand Jurors to select Bai¬
liffs, _ _ 268
Justices' Court of the 119th district, 268
To fix time of holding Courts, 361, 3S6, 420
ROME—TOWN OF—To amend act of incorpora¬
tion, 310, 325, 351, 367,414
SECRETARY OF SENATE—Thomas R. R.
Cobb elected, 5
Sworn, 6
His Assistants limited, 7, 30, 52, 411
Engrossing Clerks sworn, 31
Time allowed to bring up the business, 409
Vote to Secretary and Assistant, 422
SPEAKER—of H. of Reps. C. J.Jenkins. 6
J. W. Anderson, pro. tem. 62
SURVEYOR GENERAL.
Clerks to assist, 7, 30, 38, 42,163,167
P. M. Compton elected, 55
In relation to late extra clerks, 115, 384
The Gov. to authorize to employ clerks, 222
To issuegrant to D. Belcher, 310,325,351, 368, 413
SOLICITOR GENERAL.
To elect, 8, 28, 32, 35, 38, 39, 42, 44
Elected, Aug. C. Ferrell for Coweta District, 46
R. W. McCune for Flint District, 46
SENATOR U. S.—for elec. of, 32, 42, 66, 71,121,273, 290
Mr. Stell's amendment, 274
Jno. McPherson Berrien's resignation, 48
For the election of, 54, 58
Jno. McPherson Berrien elected, 58
SECY. OF STATE—Assis'nt. clerks, 38, 42, 163, 167
Nathan C. Barnett elected, 55
In relation to imperfect records, 92, 104
In relation to late extra clerks, 115, 384
To complete records in his office, 205, 380, 421
Gov. to authorize to employ clerks, 222, 247, 387,396
SENATES ACADEMICUS—met, 45
SMITH, J AS.—to legalize off. acts, 46,57,72,137,179,1S3
SAVANNAH—to elect Judge of C. C. Pleas, 48, 50
C. C. Pleas, Edward J, Harden elected Judge, 51
Mechanics of, exempt from garnish't., 186, 243, 252
To amend charter, 188, 213, 245, 287, 309,
325, 351, 367, 395
Memorial in relation to charter elections, 272, 295,
3L0, 325, 351
INDEX.
445
417
305
395
234
395
SECURITIES—To explain and amend the act of
1826, .114, 125, 224, 401, 416
On public bonds, 315 324, 350,
STEWART COUNTY—Infer'r. court to remuner¬
ate Samuel Adams, 115, 126, 135, 390
To add a part of, to Marion, 137, 172, 245
To amend the act of 1841, in relation to
courts, 150, 288, 303, 329
All property situated in, to pay tax in, 153, 171
SUMTER COUNTY—-To amend the act of 1841,
in relation to courts, 150, 288, 303, 329,
To reduce sheriff's bond, 324, 353, 378, 400,418
STELL, Mr.—Had leave to change his vote on the
Central Rail Road bill, 152
Added to committee on Enrollment, 356
SKIDAWAY NARROWS—For improve't. of, 154,182
SHERIFFS—In Cherokee Circuit to advertise in
that Circuit, 180, 242, 264, 269
Their bonds, 315, 324, 350, 363, 386, 416
STRICKLAND, ABRAM—Reso. in favor of, 187, 312
SCIREFACIAS—To amend laws relative to, 187, 244, 264
SCRIYEN COUNTY—In relation to county sites, 295,
304, 322, 354, 373, 406
TROUP COUNTY—Jurors to serve two terms, 8, 29,
33, 42, 56, 57
To amend the road laws of, 145,287, 302, 327,394
To send to, certain Digests, 192
TAX—Owners of property to pay tax in the counties where
the property is situated, 63, 73, 231
Collectors to collect all taxes, &c., 115,126, 133
Tax bill for 1846 and 1847, 284,304, 322,345, 358, 416
To correct errors of Receivers, 324, 353, 378, 402, 404
TREASURER—Walter H. Mitchell elected, 55
In relation to fees, 92,103,104,221,247, 387, 406
To print in advance the reports of, 161, 387, 396
The Gov. to authorize to employ clerks, 222, 247, 387, 396
TRUST FUNDS—To authorize investment of, 74, 101,123,
§124. 223, 263, 266
TARIFF AND TEXAS—Mr. Jackson's resol's. 86,94,157,202
Mr. Kenan's explanatory resolutions, 204, 409
TELFAIR COUNTY—To alter time of holding courts, _^95,102,
Justices Inf. Court to allow ins. list, 114, 126,135, 398, 418
To add part of, to Appling, 314, 825 350, 366
To reduce sheriffs bonds, .343' 379'410
TATTNALL COUNTY—To repeal act consolidating offi-
ces of tax collector and receiver 144, 287,302,328,406
To make permanent the place of holding justice, court
in 41st district, ' 070' oqi
Contested case of census takers,
446
INDEX.
TREASURY—To appropriate money in cases of over-pay¬
ments, 150, 288, 303, 346, 394
For examination of, and Central B'k, 152,171,232, 401, 415
THOMASTON—town of—amend act inc., 155,157,245, 301,393
UNION COUNTY—To regulate thfc mode of taking Sher¬
iff's bonds in, - 42,43,66,126, 153
UNIVERSITIES.—Oglethorpe, Laws, and Journals of the
Senate and House of Representatives, 75,142,180
To amend act to incorporate, 323,327, 352, 372, 385,420
Mercer—Laws and Journals to be sent to, 75, 142, 180
UPSON COUNTY—To amend laws requiring bridge build-.
ers to give hond, 98, 103, 129,140, 179
To change time holding Courts, 324, 353. 378,401, 414
USURY—In relation to, 133, 221
VOLUNTEER COMPANIES.
Columbus Guards—To erant them privileges and immu¬
nities, ~ 62,73, 78, 349,350, 412,414
To furnish arms and accoutrements to, 69,102,128,138,178
The Chatham Artillery—•
To furnish with certain arms, &c., , , 75, 141, 149, ISO
Talbot Guards—To amend act incng., 96j.l25,134, 401, 416
Augusta Artillery—To be furnished with . Fusees, &c., 142, 180
Savannah Guards—Relative to arms of the, ' 374, 382, 421
WILLS—Relative to caveafing, 50, 66, 121,123, 348, 405
WARDS—^Commissions upon estates of, 52, 67, 102, 127, 221
WALKER COUNTY—To repeal the act consolidating col¬
lector's and receiver's offices, 53, 67,101, 127, 137,153
Repealing an act in relation to compensation to super¬
intendents of elections, 99, 103, 129, 140, 179
WOMEN, MARRIED—For the protection and preserva¬
tion of the rights of, 62, 73, 99,104
WILKINSON COUNTY—to retain the State taxes for
F846f( . 62, 73, 90, 162
WASHINGTON COUNTY—to remove an election precinct, 63
A new set of J urors to draw, 320, 326, 352,370,413
WILKES COUNTY—to change the time of holding the
courts, 69, 102, 128,138,149,179
Justices of inferior court to allow insolvent list, 136
WYNN, RICHARD—of Chattooga—Message relative to, 79
WALTON CO.—to add part of, to Gwinnett, 150,288,303,
330,332,347,413
WILLIAMS, A. J.—to authorize Warrant in favor of, 152, 248
WifAlTNE COUNTY—to repeal the act of 1830, in relation
s to superintendents of elections, 159,171, 235,407, 416
WARE COUNTY—to add part of, to Irwin, 314, 325,350,366
When to hold inf. courts, 315,324,350, 361, 386,420
YEAS AND NAYS—In relation to election of U. S. Senator, 33,
71,121,273,275,290,291, 292,293, 294
On adjournment, 34, 37,51,146,185,197,270,301, 321
On the President's affixing his signature to a resolution, 39
Court for the Correction of Errors, strike out " Deca¬
tur " and insert " Newnan," 47
Additional clerk to Sec. of Senate, 52, 58,60, 61, 62