JOURNAL
OF THE
</
SENATE
OF THE
STATE OF GEORGIA,
AT A*
ANNUAL SESSION
OF THE
, Accession No.—$
1EMORY COLLEGE LIBRARY^
S><^. OXFORD, GEORGIA. $
^ REGULATIONS.
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I f
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JotrRR al
OP THE
senate
OP THE
state of georgia.
MONDAY, November 2, 1840.
At an annual session of the General Assembly of the State
of Georgia, begun and held at the State House, in Milledge-
ville, on Monday, the second day of November, one thou¬
sand eight hundred and forty, the following Senators elect
from the different counties attended. The Honorable
Charles Kennon, Senator elect from the county of Harris,
having been called to the Chair, the Senators elect produced
their several credentials, and were sworn agreeably to the
Constitution of this State, and to support the Constitution of
the United States, by the Honorable C. B. Cole, Judge of
the Superior Courts of the Southern Circuit of this State,
and took their seats, to wit:
From the county of Appling, the Honorable William
Robertson.
From the county of Baker, the Honorable Thomas J.
Holmes.
From the county of Baldwin, the Honorable Peter J.
Williams.
From the county of Bibb, the Honorable Uriah J. Bul¬
loch.
From the county of Bryan, the Honorable Solomon Smith,
From the county of Bulloch, the Honorable Peter Cone.
From the county of Burke, the Honorable George H.
Harris.
From the county of Butts, the Honorable Parham Lind-
say.
From the county of Camden, the Honorable William P.
Hopkins.
From the county of Campbell, the Honorable Wesley
Camp.
From the county of Carroll, the Honorable Jiles S. Bog-
sess.
4
From the county of Cass, the Honorable Robert Hamilton.
From the county of Chattooga, the Honorable Robert
Camron.
From the county of Cherokee, the Honorable Eli McConnell.
From the county of Clarke, the Honorable Isaac S. Vin¬
cent.
From the county of Cobb, the Honorable William Guess.
From the county of Columbia, the Honorable Thomas H.
Dawson.
From the county of Crawford, the Honorable Charles H.
Walker.
From the county of Dade, the Honorable Isaac Rainey.
From the county of Decatur, the Honorable Daniel O. Neal.
From the county of DeKalb, the Honorable James Dia¬
mond.
From the county of Dooly, the Honorable David Graham.
From the county of Early, the Honorable Thomas Speight.
From the county of Effingham, the Honorable John C.
Waldhour.
From the county of Elbert, the Honorable Charles W.
Christian.
From the county of Emanuel, the Honorable E. L. D.
Swain.
From the county of Fayette, the Honorable Robert S.
Heflin.
From the county of Floyd, the Honorable Joseph Waters.
From the county of Forsyth, the Honorable Leroy Ham¬
mond.
From the county of Franklin, the Honorable T. Morris.
From the county of Gilmer, the Honorable E. W. Chas-
tain.
From the county of Greene, the Honorable Thomas
Stocks.
From the county of Gwinnett, the Honorable Levi Love¬
less.
From the county of Habersham, the Honorable Thomas
Kimzy.
From the county of Hall, the Honorable Joseph Dunagan.
From the county of Hancock, the Honorable J. M. Gonder.
From the county of Harris, the Honorable Charles Ken-
non.
From the county of Heard, the Honorable Baylis R
Crosby.
From the county of Henry, the Honorable Oliver W. Cox.
. From the county of Houston, the Honorable James
Holmes.
From the county of Irwin, the Honorable Thomas Young.
From the county of Jackson, the Honorable Sterling
Mays.
From the county of Jasper, the Honorable Eli Glover.
5
From the county of Jefferson, the Honorable George Sim¬
pleton.
From the county of Jones, the Honorable James Godard.
From the county of Laurens, the Honorable Wingfield,
Wright.
From the county of Lee, the Honorable William Janes.
. From the county of Liberty, the Honorable Samuel Spen¬
cer.
From the county of Lincoln, the Honorable Benning B.
Moore.
From the county of Lowndes, the Honorable Levi J.
Ivnight.
From the county of Lumpkin, the Honorable* John M-.
McAfee.
From the county of Macon, the Honorable John Bryan. •
From the county of Madison, the Honorable Isaac N.
Culbertson.
From the county of Marion, the Honorable John M. Mm-
ter.
From the county of Monroe, the Honorable Alfred B.
Reid.
From the county of Montgomery, the Honorable David
B. Creach.
From the county of Morgan, the Honorable Stewart
Floyd.
From the county of Murray, the Honorable William N»
Bishop.
From the county of Muscogee, the Honorable James S»
•Calhoun.
From the county of Newton, the Honorable John N. Wil¬
liamson.
From the county of Oglethorpe, the Honorable Alexander
Thomas.
From the county of Paulding, the Honorable John A.
Jones.
From the county of Pike, the Honorable Jonathan Adams.
From the county of Pulaski, the Honorable Alfred C.
Bostwick.
From the county of Putnam, the Honorable James Griggs.
From the county of Rabun, the Honorable John S. Hen-,
ley.
From the county of Randolph, the Honorable Banullai
Graves.
From the county of Richmond, the Honorable Andrew J.
Miller.
From the county of Scriven, the Honorable Wilson Con¬
ner.
From the county of Stewart, the Honorable Lorard Bryan.
From the county of Sumpter, the Honorable Jared Tom-
llnson.
6
From the county of Talbot, the Honorable Hamilton P.
Smead.
From the county of Taliaferro, the Honorable Singleton
Harris.
From the county of Tatnall, the Honorable Henry Strick¬
land. ^
From the county of Thomas, the Honorable Thomas it/.
Blackshear.
From the county of Telfair, the Honorable Joshua H.
F ryer.
From the county of Troup, the Honorable Jarrel Beasley.
From the county of Twiggs, the Honorable Benjamin B.
Smith.
From the county of Union, the Honorable Samuel 1.
Jameson.
From the county of Upson, the Honorable Thomas M.
Goode.
From the county of Walker, the Flonorable James Thomp¬
son.
From the county of Walton, the Honorable Robert M.
Echols.
From the county of Ware, the Honorable James Strick¬
land.
From the county of W arren, the Honorable John Harris.
From the county of Washington, the Honorable Thomas
J. Warthcn.
From the county of Wayne, the Honorable Joseph Wiggins.
From the county of Wilkinson, the Honorable Samuel
Be all.
On Motion of Mr. Miller,
The Senate proceeded to the election of a President; and
on receiving and counting out the ballots, it appeared that the
Honorable Thomas Stocks, Senator from the county of
Greene, was duly elected.
On motion of Mr. Thomas,
A committee was appointed, consisting of Messrs. Thomas,
Christian, and Bryan, of Macon, tp notify him of his elec¬
tion, and conduct him to the Chair, when he addressed the
Senate, and made his acknowledgements.
The Senate then proceeded to the election of their Secre¬
tary; and on receiving and counting out the ballots, at
the time the President was about to declare there was no
election, one ballot was discovered in tlic hat, that had
not been counted.
Mr* Miller moved that the Senate proceed to a second
ballot!
Mi Echols, that the vote be counted.
M'p Jones moved that the counties be called, and each-
Senator answer whctlyUhe voted or not, winch Was lost.
7
The motion then occurred upon Mr. Echols's motion, to
count the vote in the hat; upon which motion, the yeas and
nays were required, and were yeas 43, nays 43. There
being a tie, the President voted in the negative, and the
motion wTas lost.
Those who voted in the affirmative, are Messrs.
Beall,
Bishop,
Boggess,
Bostwick,
Camp,
Camron,
Chastain,
Cone,
Conner,
Cox,
Crosby,
Culbertson,
Diamond,
Dunagan,
Echols,
Graham,
Graves,
Guess,
Hamilton,
Hammond,
Heffin,
Henley,
Holmes, of Bakei
Hopkins,
Jameson,
Jones,
Kimzy,
Lindsay,
Loveless,
Mays,
McAfee,
McConnell,
Morris,
Rainey,
Robertson,
Smith, of Twiggs.
Speight,
Swain,
Thompson,
Walker,
Waters,
Williams,
Young,
Those who voted in the negative, are Messrs.
, Adams, Goode, Smead,
Beasley, Griggs, Smith, of Bryan,
Blackshear, Harris, of Burke, Spencer,
Bryan, of Macon, Harris,of Tal'ferro, Stapleton,
Bryan, of Stewart, Harris, of Warren, Strickland,of Tan'l,
Bulloch,
Calhoun,
Christian,
Creach,
Dawson,
Floyd,
Fryer,
Glover,
Godard, ■
Gonder,
Holmes,of Houston, Strickland,of Ware,
Janes,
Kennon,
Miller,
Minter,
Moore,
Neal,
Reid,
Thomas,
Tomlinson,
Vincent,
Waldhour,
Warthen,
Williamson,
Wiggins,
Wright,
The Senate then proceeded to a second balloting ; and on
receiving, and counting out the ballots, it appeared that
David J. Bailey, Esquire, was duly elected.
In like manner, the Senate proceeded to the election of a
Door-Keeper; and on receiving, and counting out the bal¬
lots, it appeared that Jesse Oslin, was duly elected.
On motion of Mr. Echols,
The Senate then adjourned, to 10 o'clock, to-morrow
morning.
8"
TUESDAY, November 3, 1840.
The Senate met pursuant to adjournment.
On motion of Mr. Cone,
The Senate proceeded to the election of a Messenger ;
and the ballots being received and counted out, it appealed,
that William Appling, was duly elected to that office.
On motion of Mr. Cone,
Resolved, That-the Secretary inform the House of Repre-
sentaties, that the Senate is now organized, and ready to-
proceed to business, having made choice of the Honorable
Thomas Stocks, Senator elect from the county of Greene,
as their President, and David J. Bailey, Esquire, of the
county of Butts, as Secretary ; which was agreed to.
On motion pf Mr. Cone,
Resolved, That a committee be appointed, to join such
committee as may be appointed by the House of Represen¬
tatives, to wait on his Excellency, 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;
which was agreed to, and the following committee ap¬
pointed : Messrs. Cone, Graves, and Harris, of Burke.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
Mr. President: I am directed by the House of Repre¬
sentatives, to inform the Senate, that they were organized,
on yesterday, having made choice of the Honorable Charles
J. Jenkins, a member elect from the county of Richmond,
as Speaker, and Elbridge G. Cabaniss, Esquire, as their
Clerk ; and they are now ready to proceed to business.
On motion of Mr. Christian,
Resolved, That the rules adopted by the Senate, at the last
annual session, be adopted for the government of the present
session, with the right of amendment, provided the Senate
shall so determine ; which was agreed to.
On motion of Mr. Miller,
Resolved, That Editors of Newspapers, and others, who
may desire to report the proceedings of the Senate, be fur¬
nished with seats on the floor of the Senate Chamber; which
was agreed to.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk.
Mr. President: The blouse of Representatives have
agreed to a resolution, appointing a committee on the part
of the House, to join such committee as may be appointed
by the Senate, to wait on his Excellency, the Governor, and
inform him, that the General Assembly was, yesterday,
organized, and are now ready to receive any communica¬
tion, he may think proper to lay before them, or either
9
Branch thereof; and have appointed, on the part of the
House, Messrs. Crawford, of Richmond, Stroud, of Walton,
Hardeman, Millen, and Stephens.
On motion of Mr. Jones,
Leave of absence was granted to the Senator from Macon
County, for a few days, on important business.
The message from the House of Representatives, was
taken up, and concurred in.
On motion of Mr. Echols,
That* a committee be appointed, to wait on the Secretary
of State, and obtain from him, the bill passed at the last
session of the Legislature, with regard to Biennial Sessions ;
which was agreed to, and the following committee appointed:
Messrs. Echols, Smead, and Adams.
On motion, the Senate adjourned until 3 o'clock,' P. M.
Three o'clock, P. M.
Mr. Cone, from the Committee appointed to wait on his
Excellency, the Governor, and inform him that both branches
of the General Assembly were organized, and ready to re¬
ceive any communication he might think proper to lay belore
them, or either Branch thereof, reports,
That the Committee have performed that duty, and have
received from his Excellency, for answer, "that he will, this
day, at the hour of 3 o'clock, P. M., lay his annual message,
with the accompanying documents, before both branches of
the Legislature.
The following message, with the accompanying docu¬
ments, was received from his Excellency, the Governor, by
James U. Home, Esquire, his Secretary:
Which, on motion of Mr. Cone, was taken up and read,
to wit:
EXECUTIVE DEPARTMENT, >
Milledgeville, Nov. 3, 1840. )
Fellow-Citizens of the Senate,
and House of Representatives:
The recurrence of the legal period for the assemblage of
the Representatives of the people, finds our country abound¬
ing in plenty. The blessings which daily surround us, call
for the response of grateful hearts to their benificent Author,
and a proper consideration of them, should impress on us the
high obligation we are under, to regulate our conduct by His
will.
The difficulties which have embarrassed the Commerce
10
of the world, and produced in many places distress and
ruin, have been felt by our people, but not so severely as in
many States of the Union. The restless spirit of specula¬
tion which seemed to have taken possession ol the country,
exciting the public mind to a state ol delirium, abstracting
many of the people from their customary pursuits, with the
inspiring hope of the sudden accumulation of fortune, has
been the chief and prolific source of our embarrassments.
Debts were contracted without reflection ; or, upon the wild
supposition that the staple commodity of the South, the great
-regulator of the value of property, would maintain an undi¬
minished price, and habits of prodigality as extravagant as
this unwarrantable expectation, were indulged. Men who
never before yielded to delusive temptations, caught the con¬
tagion, and those alone escaped who trusted themselves not
within the sphere of its infection. When the paroxism was
over, and the day of retribution came, and brought with it
that sober consideration which the debtor, disappointed in his
imaginary means, realizes, when thrown upon his actual
resources to meet his engagements, the true condition of the
country was known, and it was one of extraordinary pres¬
sure. Fortunately for the debtor class of the community,
the severity of the times has been greatly mitigated by the
magnanimous forbearance of many creditors to urge the col¬
lection of their debts, and by the timely aid afforded by the
Central Bank. This Institution, with a liberality becoming
it, administered to the general relief with all the means at
its command. It could not have done more without exposing
its issues to a ruinous depreciation, which would have been
far more calamitous, than the evils intended to be remedied
by its land interposition. Though the late distribution has
been liberal, it has come far short of relieving the embarrass¬
ments of the people. It is impossible, and perhaps inconsis¬
tent with the principles of sound policy, for the Government
to undertake to protect the citizen from the consequences of
imprudence or miscalculation. A reliance of this sort would
beget a, dependence destructive of individual cnterprize, en¬
gender and cherish habits of reckless speculation, and foster
a spirit of indifference to active and industrious pursuits,
hostile to the welfare of society. Habits of industry and a
rigid economy that would forbid the expenditures of the year
to equal the iowest estimate of the probable income, and a
firm resistance of the allurements to speculation, held out
by the tempting prospects of unreasonable gain, are sure
guarantees of immunity from pecuniary troubles, as well as
of individual prosperity.
"W ith the Act of the 23d of December last, requiring the
Directors of the several Banks and Branch Banks to disclose
the amounts due by them respectively to the Banks of which
they arc Directors, and enimmng.on the President or Cash-
11
ier the duty of stating the aggregate amount of indebtedness
by Stockholders, either for capital stock or moneys borrowed,
but few of the Banks have complied. Upon the receipt of
their April Reports, I addressed a letter to the officers of
those Banks whose Reports did not conform to the law, cal¬
ling their attention to this statute, and inviting a compliance
with its requisitions. Some of them responded to the call
by forwarding the required statements, others declined obe¬
dience to the law, assigning reasons for it, and a few disre¬
garded altogether the communication addressed to them.
The reasons assigned are untenable. Some of them are
predicated on the inexpediency of the law, while others in
addition, occupy the higher ground of the want of constitu¬
tional authority in the Legislature to enact it. With regard
to the objection on the ground of inexpediency, it may be
remarked, that when the Legislative will is constitutionally
declared, none has the right to question it, or set up his judg¬
ment in opposition to it. All owe it obedience. It is the law
of the land. The constitutional power of the Legislature to
enact the law, cannot be questioned. It cannot be conceded
that, when a corporation is once created, it is placed beyond
the reach of legislation. So far as the charter constitutes a
contract between the Government and the corporators, no law
can be pa ssed impairing its obligation ; but it may be punish¬
ed for a perversion or fraudulent use of any of its privileges.
If the stock is not actually paid in, the only consideration
which imparts to the charter the semblance of a contract, or
hawing been paid, is fraudulently abstracted, the act of in¬
corporation may be repealed, or such other measure adopt¬
ed as may be deemed necessary to protect the country against
the consequences of paper issues upon fictitious capital.—
The law to which I have adverted, was intended to expose
the transactions of the Banks, so far as to ascertain whether
their operations were based upon a paper or a specie capital.
This was no assault upon the chartered rights of any Bank,
and a delicate sensibility to the credit of stockholders, did
not warrant the assumption of a discretion to refuse to make
such disclosures as were considered by the Legislature neces¬
sary to guard effectually the community against unjustifiable
impositions.
Many of the Banks are still in a state of suspension; an
evil which has subjected the community to great losses.—
Extraordinary privileges have been granted to these corpo¬
rations, not for the purpose of substituting a worse for a bet¬
ter currency, and enabling the proprietors to grow rich by
the operation, but that they, furnishing a less unwieldly and
more convenient medium of exchange than the precious me¬
tals, convertible into coin at the option of the holder, might
receive and enjoy all the benefits resulting from these prh i-
leges. Whnn^Llhcreforc, they permit their notes to fall be-
12
low the value of specie, they break their faith with the com¬
munity, and violate the spirit, and in some instances the let¬
ter of the grant under which they exercise their functions.
This is perhaps a difficulty which cannot be entirely ooviat-
ed, inherent in the system of substituting" a paper for a me¬
tallic currency; but it is one that cannot long exist when
Banks are conducted on proper principles ; when their capi¬
tal has, in good faith, been paid in, and when such paper
alone is discounted as can be made available in time of pres¬
sure for the redemption of the notes for which it was negoti¬
ated. Every class of society is interested in the mainten¬
ance of a sound currency, and this great end cannot be ac¬
complished without requiring punctuality of institutions to
which has been granted the extraordinary privilege of fur¬
nishing. it. To tolerate their delinquency, is to offer a pre¬
mium for misconduct; for they alone are benefitted, while
every holder of their notes sustains a loss. This is an evil
which has been inflicted on the country for more than a year,
and demands your serious consideration. The nature of the
remedy that should be applied, resting in jmur sound and
patriotic discretion, will doubtless be such as is demanded
by the interest of the people. I would respectfully recom¬
mend that a day be fixed for the resumption of specie pay¬
ments, allowing the Banks a.reasonable time to prepare for
it, and that such penalties be annexed to their refusal, as will
ensure their compliance.
The Central Bank, under the management of an able and
experienced Board of Directors, in addition to the distribu¬
tion already alluded to, has afforded to the Commissioners
of the Western and Atlantic Rail Road, important facilities,
which have enabled them to discharge many of their heavy
obligations which it was expected would have been met by
the sale of State Bonds. This measure, warranted by law,
was also dictated by a sense of justice to contractors who
had labored faithfully in this great work, and had incurred
heavy liabilities, relying on the punctuality of the Commis¬
sioners. It has also made arrangements for the payment of
the New "York debt, which, unless prevented by the unex¬
pected default of debtors, will be extinguished early in the
next year, by which the State will be relieved froni the dis¬
grace inflicted upon it, by permitting its credit to be sacri¬
ficed. It has met all the appropriations of the Legislature,
including the amount set apart for the support of Common
Schools. Though these operations of the Bank have result¬
ed in great advantage to the State and people, they have left
in circulation a large amount of its notes which must be so
reduced, before further accommodations can be granted, as
to save the country from the enormous mischiefs of a depre¬
ciated currency. It is to be hoped that this Bank, so long
the benefactor of the people,p^lll," with its ample asscts> be
13
enabled to counteract the ungenerous efforts of other Banks
to discredit its issues, provided its liabilities are not in¬
creased by Legislative requisitions. If however, the appro¬
priations of the Legislature, which are annually increas¬
ing in amount, are to be met by the Central Bank, their
payment must be made in the notes of the Bank, for the re¬
demption of which no fund is provided; it must cease its opera¬
tions as a Bank, collect its debts, speedily recall its circula¬
tion, which creates an obligation paramount to all others,
and wind up its affairs. As a timely provision against a
measure of this sort, I would recommend to the Legislature
a resumption of the entire amount of State taxes, which
have for some years been "given to the counties, with but lit¬
tle benefit to them, but greatly to the injury oFThe finances
of the State.
It may be possible that the arrangements made by the
Central Bank for the payment of the debt due by the State
in New York, to which I have already adverted, may fail.—*
It depends entirely on the punctuality of its debtors. As
this is a matter involving the character of the State, it should
be placed beyond doubt: it is due to the creditor, whose
circumstances may be seriously affected by the suspension
ol so large a debt. It will be recollected that what creates
a legal liability in the case of an individual, imposes a moral
obligation only, on a State, and her honor must suffer when
her debts are not punctually paid. If will be necessary to
provide for any deficiency that may occur in the means pro¬
vided by the Central Bank for the payment of this debt.
Sale has not yet been effected of all the Bank Stock own¬
ed by the State, and it is highly improbable that that owned
in the Bank of Darien can be sold, upon the terms prescrib¬
ed in the Act directing the sale. This Bank, from an extra¬
ordinary pressure, was compelled to precede others ill a
suspension of specie payments, which gave to its credit a
shock from which it has not been able to recover, and of
which purchasers will not fail to seek advantage. I wnuld
recommend that the State either purchase the interest of the
individual Stockholders, and take the Institution into its own
hands, or sell its own on such terms ofTiberal credit, as will
offer an inducement to purchasers to buy; and in either event,
to protect itself against the notes in circulation, and against
the re-issuing of those that have been redeemed.
A balance is due to Contractors on the Western and At¬
lantic Rail Road, for work for which cash was to have been
paid. The Branch of the Georgia Rail Road and Banking
Company at Augusta, advanced in the year eighteen hun¬
dred ahd thirty-nine, a considerable sum to the Commission¬
ers of the Western and Atlantic Rail Road, on a pledge of
State Bonds, which, by contract, was to have been long since
refunded. The Commissioners having been disappointed in
14
realising means upon the sale of State Scrip, have not been
able to comply with their engagements. These^ claims pre¬
sent demands upon your justice, for which it will be neces¬
sary to provide. _
The system of Education through the instrumentality of
Common Schools, as at present arranged, is far fr°m an"
swering-the purpose intended by its projectors. The fund
to be distributed is so small in proportion to the number of
children entitled to share it under the existing laws, that
none can derive any substantial benefit from it. It is impos¬
sible for the State, with its limited means, reduced as they
are by the mal-appropriation of the taxes, to afford gratui¬
tously the blessing of education to every child within her
boundary. I would therefore recommend that the laws on
this subject be revised, and that the children of such pa¬
rents only, as are unable to educate them, be embraced with¬
in their provisions. Our political institutions being based
upon an enlightened view of the rights of man, cannot be
supported but by the virtue and intelligence of the people.—
These should be nurtured and fostered by the State, and the
door of instruction should be opened to the humblest child
of poverty. Every citizen then, by proper industry and ap¬
plication, might acquire such a knowledge of the history of
his Government, its true policy, and the tendency of its
measures, as would enable him to detect the machinations of
the corrupt politician, and to distinguish properly between
the mad pageantry and low appeals of the demagogue, and
the lofty and principle-sustained arguments of the patriot.
The Preamble and Resolutions adopted by the last Gene¬
ral Assembly, instructing our Senators in Congress, and re¬
questing our Representatives to have the Act of Congress
respecting fugitives from justice, to carry into effect that sec¬
tion of the Constitution of the United States which relates
to the same subject, so amended as to require its execution
by officers of the General Government, and amenable to its
authority, were forwarded in due season to our Senators and
Representatives. They were presented by the Senators, but
the Representatives declined laying them before the House,
and assigned their reasons in letters addressed to me, copies
of which, and also of my reply, are herewith communicated.
In December last, the whole of the grading of the West¬
ern and Atlantic Rail Road from Cross Plains to Ross'
Landing, with a small exception which has been since let,
was put under contract. The confidence of our citizens in
the credit of the State, relieved the Commissioners from the
embarrassments in which the meagre demand for State
Stocks in foreign markets had placed them, and saved to
the State the trouble, expense and loss attending the sales of
bonds to distant capitalists. These contracts, payable in
bonds redeemable in thip^5eais,iiiicrct?tmt-eixq^u- cent.,
15
payable semi-annually, were taken at an average rate much
lower than those previously let to be met with cash, which
manifests how highly the citizens of Georgia estimate her
credit, while it is so lightly appreciatedj abroad. The
grading of this Road has reached that point in its progress
to completion, that longer delay in the purchase of iron will
result in a public loss. The work already done is exposed
to continual injuries from rain and other casualties, which,
must be repaired at great expense. The Commissioners not
believing that iron could be purchased with the means at
their command, except at a sacrifice not to be tolerated, have
deferred contracting for it until the Legislature could make
other provision for it. I would recommend you to give this
subject your earliest consideration. It is understood that it
can be purchased on such time as will suit the convenience
of the Legislature, if the Manufacturer can be inspired with
confidence, by an arrangement under the authority of law
that will guarantee the payment. This Road has been grad¬
ed for two tracks ; but believing that what is not clearly de¬
manded by the public good, should not be attempted in the
present and prospective low state of our finances, I would
recommend that but one be constructed. With turn-outs at
convenient distances, one will be sufficient for all the travel¬
ing and transportation that may be expected on this Road,
for some time to come, and by the temporary abandonment
of the other, the cost of construction will be greatly reduced
—a consideration not to be disregarded in the existing state
of things. When the road is put in operation, which should
be done without delay, that the country may receive its be¬
nefits, the necessity for a second track will be ascertained,
and it may then be constructed or finally abandoned as the
public interest may demand. Colonel Stephen H. Long
has resigned his office of Chief Engineer, and James S.
Williams, Esquire, a gentleman highly recommended by the
Commissioners, whose situation enabled them to form a just
estimate of his merit and qualifications, has been appointed
to succeed him. The appropriation for paying the salaries
and expenses of the Engineer Department, has been exhaust¬
ed. It will be necessary to provide for the support of this
branch of the public service.
A party of marauding Indians from Florida invaded the
counties of Camden and Ware in August last, and after
having murdered some of the inhabitants, and plundered and
destroyed their farms and dwellings, disappeared. Gene¬
rals Floyd and Hilliard adopted prompt measures for the
protection of the exposed district, in which they were
warmly seconded by the patriotic citizens of those and some
of the contiguous counties, who stepped forward to the relief
of the sufferers with a spirit and magnanimity worthy of the
highest cdhThltmdatiuft. As soon as intelligence of these
16
outrages reached this Department, I communicated it to the
Secretary at War, who, with his characteristic promptitude,
gave orders for a force to be detailed from the Army m r lo-
rida, and marched to the assailed point; and he assures me,
that the whole exposed frontier will be protected. At the
same time, I despatched that able and experienced officer,
General Nelson, to the scene of these depredations, with or¬
ders to raise a sufficient force to pursue the enemy, and cap¬
ture or drive him from his hiding places in Georgia. He has
returned from this service. He penetrated and thoroughly
examined the Okefenokee and adjacent swamps, but made
no discovery that would justify the belief that the Indians
were still in that neighborhood. Yet fearing from the
impunity with which they had committed former aggres¬
sions on this thinly settled section of the State, they
might return—in fact, having .heard that in all probability
they were on their way, he stationed for the protection of
the country, four companies under the command of Captains
Clarke, Tracy, Sweat and Jernigan, who will be retained in
the service for that object, until relieved by the United States
forces. Copies of reports of his operations are laid before
you. The people residing near the Okefenokee and the
neighboring swamps, have been greatly annoyed and injured
by the occasional incursion of the Indians, who, from the
facilities for escape and security afforded them by the situa¬
tion of the country, and from the impunity with which their
offences have heretofore been committed, have of late be¬
come much emboldened. They have presented themselves
in increased numbers, and made their attacks in open day,
a circumstance very unusual in savage warfare; and as they
are pressed in Florida, it may be expected that they will
seek a place of refuge in our spacious swamps, and thence
more frequently repeat their attacks on the lives and proper¬
ty of our citizens. Congress at its last session, failed to ap¬
propriate money for the support of the war in Florida, and
as it is questionable, from the interminable discussions which
that body has of late inflicted upon the country, when a fund
will be raised for that purpose, you should provide for the
protection of the State. It were better that thousands should
be expended, than that a single life should be lost from a
want of fidelity in the State to her citizens.
The question of Boundary, which often proves a fruitful
source of angry contention between conterminous States, I
am happy to inform you, has been finally settled with Ala¬
bama. That State, with a spirit becoming her, has adopted
the line run by the Georgia Commissioners in eighteen hun¬
dred and twenty-six, commencing at Miller's Bend on the
Chattahoochee River, and terminating at Nickajack. I place
before you a copy of the Resolution uFthtrLcgidature of
Alabama on this subject..,
17
1 have contracted for the manufacture of the standard
weights which, by an act of the last Session, it was made
my duty to procure, and they will be delivered in December
next. The standard of measures has not been furnished by
the United States, and was not in the Executive Office, as
supposed by the Legislature at the time of the passage of
the law.
The building intended for a Lunatic Asylum has not yet
been completed. The Contractor for the manufacture and
delivery of bricks has been prevented by the unprecedented
rainy season from complying with his engagement, from
which, great delay in the construction has arisen. It is ex¬
pected, however, that it will be ready for the reception of
the unfortunate persons for whose benefit it is intended, by
the first of June next. It will be necessary for you to pre¬
scribe the rules under which, this humane Institution shall
go into operation, and provide for it a Physician and the ne¬
cessary Superintendents.
Congress failed at its late session, though one of extraordi¬
nary length, to appropriate money to pay the State of Geor¬
gia her claim against the Government for disbursements to
the Militia for services, subsistence and losses. The atten¬
tion of Congress was not called to the subject, until the Ses¬
sion was considerably advanced. It is to be hoped that
those who represent the interests of their State in that body
at the approaching session, will urge its consideration at an
early day. The Secretary at War has manifested a friendly
disposition towards it, and all that is necessary to insure its
payment, is the authority of law.
I lay before the Legislature, the address and resolutions of,
a Convention held in June last, in the British Metropolis, of an
extraordinary character. The tone of denunciation used in
these proceedings, proclaim the madly fanatieal spirit that
dictated them, and fully demonstrate the fatal extremities to
which a false philanthropy may impel its votaries. The sug¬
gestion of any measure to the General or State Govern¬
ments of this Union, whether constitutional or not, by the
subjects of foreign powers, is an impertinence not to be en¬
dured ; but an offer to dictate an unconstitutional policy sub¬
versive of the authority of the States, violative of individual
rights, and endangering the peace of any member of the con¬
federacy, is an injury that should be felt by every American
citizen, and the nations, whose subjects are thus offending,
should be required to bring them to condign punishment.
The history of this Convention proves, I regret to say, that
citizens owing allegiance to the Government of the United
States; bound to its support by all the obligations of honor,
duty, patriotism, and religion ; enjoying the blessings which
flow from a Constitution, ordained and established to ensure
domestic trctn?jnility^^ unholy combination
9
IS
against an institution recognized by that instrument. A m'eiTi--
ber of the Congress of the United States has made imse
accessory to this wanton aggression upon the Constitution, by
sending to this Department An a. packet bearing his iran t, one
of the papers now communicated. The whole matter is re¬
ferred to you, not doubting that you will give it all the consi¬
deration to which,, in your enlightened judgment, it may be
entitled.
The attention of the Legislature has been so repeatedly
called to the amended Constitution authorizing' the establish¬
ment of a Supreme Court for the Correction of Errors, that
it is only necessary to bring the subject before }Tou to ensure
such action upon it as is required by the public good.
I herewith communicate a statement of the Warrants
drawn upon the Treasury for the political year just ended,
and also a list of Executive Appointments made during the
same time.
I lay before you the Report of the Commissioners of the
Oconee Navigation.
The law establishing an Independent Treasury, was pas¬
sed by Congress at its late session, by which the Government
has taken into its own hands the management of its fiscal
concerns-. This measure,, recommended by the unwarranta¬
ble issues of the Banks which had been constituted the de¬
positories of the public funds—the heavy losses sustained by
the mal-management of these institutions—their profligate
waste without responsibility, and the heavy duties necessary
to supply the deficiency will, when its practical effects are
felt and seen, receive the general approbation. It wrests
from the hands of the Executive all the patronage they
wielded, through the Deposite Banks, their Stockholders
and delators. It can bestow no favors and purchase no influ¬
ence. The Revenue will not be more exposed to peculation
by the Officers of Government, than it was under the late
system by the officers of Banks; and the former with their
sureties will be primarily liable, while the latter were only
secondarily so. The money of the Government will be much
more safe too, in its own vaults, than in the custody of an
institution, which, when deprived of it, is compelled to resort
to loans on both sides of the Atlantic, to sustain its credit.
In the published laws of eighteen hundred and thirty-eight,
an Act is found having all the requisites of the Constitution
to give it authority, by which the sum of fifteen thousand
dollars is appropriated for repairing the Arsenal, and repair¬
ing and cleaning the public asms, when, as I have been in¬
formed, the sum of fifteen hundred dollars only was set
apart in the Act as passed for that object, the error havin°'
occurred in transcribing it for the- signature of the officers.
The several sums appropriated t©> the Comptroller Gene¬
ral, Treasurer and Surveyor Gremlin Jhcihniihv fifth and
19
•Sixth sections of the Act to appropriate moneys for the polit¬
ical year eighteen hundred and forty, for compensating them
for extra Clerk hire, have not been drawn from the Treasu¬
ry, ample allowance having been made these Clerks in anoth¬
er part of that Act. I would recommend the repeal of the
sections above referred to, and also, the Act in regard to the
Arsenal* so far as it respects the excess of the appropriation
above fifteen hundred dollars.
Copies of the Reports of the Military Store-Keepers at
Savannah and Milledgeville are submitted to you. I would
recommend the sale of all arms too much injured for use,
and the damaged powder referred to in the Report from Sa¬
vannah.
By an Act of the last session, I was authorized to pay
Messrs. Charles Dougherty, James A. Meriwether, and Sam¬
uel A. Wales, for professional services rendered in defend¬
ing certain cases in the Superior Court of Habersham coun¬
ty, agreeably to a Resolution of the previous General Assembly.
Upon referring to that Resolution, I found that the Governor
was authorized to employ counsel to defend those cases, and
Colonel Wales having been retained by the individuals inter¬
ested, and not by the Governor under that Resolution, I con¬
sidered myself bound by the restrictive terms of the law, to
exclude him from the benefit of its provisions. If it were the
purpose of the Legislature to place him on an equality with
those gentlemen who were engaged by the State, and to re¬
lieve the individuals employing him from the payment of his
fee, it is now in your power to carry out that intention.
Brigadier General John W. Rabun, of the Second Bri¬
gade of the Second Division, has resigned his office. A copy
of his letter of resignation is laid before you.
I transmit to you copies of Resolutions passed by the Le¬
gislatures of Connecticut, Vermont, New York, Kentucky,
New Jersey, Indiana and Maine, relating to matters of gene¬
ral concern; and also, Resolutions of the State of South Car¬
olina, on the subject of the controversy between this State and
the State of Maine. Among the Resolutions communicated,
you will find one with a Preamble, from the State of Connecti¬
cut, whose object is to procure the passage of a law by Con¬
gress for the protection of the Manufacturing interest. The
renewal of this policy should be resisted by the use of all
constitutional means. It cannot be forgotten how obnoxious
it was to one section of the Confederacy, nor with how much
tenacity it was adhered to by another. In some of the
States, distinguished citizens were found, who were wil¬
ling to throw off the glorious Union with all its benefits,
rather than submit to its hardships,* while in others, there
were prominent men who would see the Southern cities co¬
vered twith grass, and require that the calamity be traced
distinctly to this cause, before they would consent to aban-
20
don it. The bitterness of feeling engendered by this excit¬
ing measure, is a sufficient objection to its re-adoption ; but
there are other reasons having their foundation in principles
of common right, wherefore it should not be revived. He
who cultivates the earth, or labors at any of the mechanic
arts, should not pay tribute to him who manufactures the
materials in which he is clad. A choice of occupation is
open to all, and none has a right to select a trade after due
consideration of its comparative advantages, and then de¬
mand of the Government to levy a contribution on the rest
of the country to increase his profits. There is still a graver
objection, which no argument of convenience or expediency
should be permitted to overcome. This Preamble and Re¬
solution assert the constitutional power of Congress to enact
a law imposing a protective Tariff, without reference to the
necessities of the Government. Concede this, and the Con¬
stitution creates no barrier against the exercise of absolute
authority ; all will depend on the caprice and unrestrained
will of the Legislator. The Constitution confers no such
power; and it cannot be assumed without awakening a feel¬
ing, which those who arouse it, will find it difficult to subdue.
The State of Connecticut seeks the accomplishment of its
object by obtaining the influence of the expression of senti¬
ments favorable to the measure by the Legislatures of the se¬
veral States ; this expression I confidently believe they
cannot obtain from Georgia.
Dr. Cotting, the State Geologist, has continued his labors
up to this time, though the appropriation for the payment
of his salary was exhausted on the sixth day of July last.
He was informed by me that the failure of the Legis¬
lature at the last session to make further appropriation for
the support of the office, might be construed into an inten¬
tion to discontinue it, after the consumption of the balance
of the fund, and that if he discharged the duties beyond the
time at which the sum set apart for that special object should
be expended, he must rely for compensation on the estimate
placed by the Legislature on the necessity and value of his
services. If, in your opinion, the public interest requires the
further prosecution of this survey, an appropriation must be
made to defray its expenses. I would recommend that pay
ment be made for what has been done. The Fourth Annu¬
al Report of that officer is now communicated, from which
it will be seen that discoveries have been made in some
counties valuable to the interests of agriculture.
I recommend to you a revision of the 1 \lw for the Govern¬
ment of the Militia. From the want of a proper organiza¬
tion under the existing system, it is impossible to brino- a
force, however small into the field, without great difficulty,
when it is necessary to resort to a draft. Orders cannot be
executed but through officers; and in counties in which a
21
draft was recently ordered to fill a requisition under the au¬
thority of the General Government for a single company,
there was scarcely a company to be found properly organ¬
ized. Much delay was occasioned by this cause ; but after
the draft was completed, new embarrassments were thrown
in the way by the unwarrantable interference of evil dispos¬
ed persons, who advised the men not to yield obedience to
a call made by the authority of the laws. The exertion of
so wicked an influence should be made the subject of the se¬
vere retribution which it merits. It is calculated to ensnare
the innocent; for he who ignorantly heeds the unfortunate
counsel, is subjected to a punishment from which it is impos¬
sible, in the rigor of military law, to escape. Cases may be
imagined in which the safety of a whole community might
be endangered.
The October Report of the Bank of Ruckersville is trans¬
mitted to you. The semi-annual Reports of the other Banks
that have been received, are in this Department, subject to
the examination and order of the General Assembly.
Three bills passed by the last Legislature and presented
for my revision which were dissented to by me, and whose
return to that body was prevented by its adjournment, are
herewith communicated, together with my objections*
A copy of the report of the Principal Keeper of the Peni¬
tentiary, recommending such amendments of the rules for
the police of that institution as have been suggested by his
reflection and experience, is placed before you*
Great difficulty was experienced in the beginning of the
year, from the want of materials to keep the convicts profit¬
ably employed. No appropriation was made by the last
General Assembly to purchase them, and the officers were
compelled to rely, in a great measure, on the credit of the
institution, which had become much impaired by the heavy
amounts of unsettled demands against it. Advantageous
Contracts cannot be made under such circumstances. The
small appropriation of three thousand dollars made at the
last session was drawn from the Treasury before the first Mon¬
day in January last, so that the institution was compelled to rely
on its own resources for the present year. There is now 011
hand a large amount of good materials for the purchase of
which, new debts to a considerable amount, were necessarily
contracted; t but from the manufacture of which, the State
may expect to realise a handsome profit. For the years
eighteen hundred and thirty-eight and thirty-nine, the sum
of twenty-five thousand dollars was voted to this institution.
All that is now asked is a loan, not an appropriation, and if
the institution should be hereafter conducted with as much
energy and wisdom as it has been during the present year
the State will be reimbursed in a very short time.
The enclosure around the lot on which the' Executive
22.
Mansion is situated, and other necessary improvements au¬
thorized by an Act of the last;Session, have been de ayed
by the difficulty of procuring suitable materials. 1 he out¬
buildings have been erected.
From the official returns made to this Department, a most
decided and unequivocal expression of the popular will in
favor of biennial sessions of the General Assembly, has been
given—the vote being thirty-seven thousand nine hundred
and eleven for biennial, and five thousand one hundred and
seventy-two for annual sessions—more than seven-eighths
favorable to the former. The heavy expenses of the annual
session of so numerous a body, the abortive efforts hereto¬
fore made to reduce the number, and the constitutional au¬
thority vested in the Executive to convene the Legislature
on extraordinary occasions have, no doubt, concurred in cre¬
ating this strong public sentiment in favor of the measure.
If the wishes of the people are permitted to exert the influ¬
ence to which they are entitled in representative govern¬
ments, they must be decisive of your action on this subject.
charles j. Mcdonald.
Mr. Calhoun, laid upon the table the following resolution:
Resolved, That the Senate and House of Representatives
of the State of Georgia, will meet in the Representative
Hall, on Friday next, the 6th day of November, 1840, at
12 o'clock, M. for the purpose of electing a Senator, to
represent the State of Georgia, in the Senate of the United
States, for six years from and after the 4th of March next.
Mr. Calhoun offered the following resolution :
Resolved, That copies of his Excellency's com¬
munication, with the accompanying documents, be printed
for the use of the Senate, and that said printing be executed
on or before Tursday next, at 12 o'clock, M.
Mr. Echols offered the following substitute, to Mr. Cal¬
houn's resolution.
Resolved, That five hundred copies of the Governor's
annual message, be printed for the use of the Senate.
Mr. Miller proposed the following amendment, to Mr.
Echols's substitute.
Resolved, That the documents accompanying the Gover¬
nor's message, be referred to a committee of five, and that
such of said documents be printed, as such committee shall
direct.
The vote was then taken on the substitute as amended,
and agreed to.
The committee appointed, were Messrs. Miller, Calhoun,
Echols, Adams, and Spencer.
Mr. Jones introduced a bill, to compel the incorporated
companies of this State to meet their engagements, and to
enable the bill-holder to collect specie from the banks, with¬
out delay; which was read the first time.
Mr. Jones laid on the table the following resolution :
Resolved, That a committee of be appointed, to meet
such (committee appointed byihe House of Representatives,
with power to send for persons and papers, to examine into
the state, condition, and progress of the Western and Atlan¬
tic Rail Road, to know what contracts have been made, how
they have been made, how they have been fulfilled, and how
paid; and to inquire and ascertain all things concerning said
Road, and report the same to the Legislature.
Mr. Jones laid on the table the following resolution:
Resolved, by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That the Commis¬
sioners of the Western and Atlantic Rail Road, be, and they
are hereby directed immediately to suspend all operations on
said Road, west or north of Burroughs, in Cass County,
and that they inform the contractors on said Road, that they,
and each ©f them may recind their contracts, and be paid
for all the work, they, or any of them, have done but that
if they now refuse to take advantage of such offer, the State
will hold them strictly to the contract, subject to all forfei¬
tures for failure, in time or manner of execution.
Resolved, That the Commissioners be, and they are hereby
instructed, to have the bridges put in condition to pass road-
wagons, and other passengers, so soon as it can be done.
On motion of Mr. Jones,
It was ordered that one hundred copies of the bill, " to
compel the banks to pay specie," be printed for the use of
the Senate.
Mr. Blackshear introduced a bill, to change the times of
holding the Superior Courts, for the county of Thomas;
which was read the first time.
The Senate then adjourned until 10 o'clock, to-morrow
morning.
WEDNESDAY MORNING, November 4, 1840.
The Senate met pursuant to adjournment.
The President of the Senate announced the following
standing committees:
Committee on Privileges and Elections.—Messrs. Williamson,
Gordon, Floyd; Echols and Dawson.
Committee on Enrolment.—Messrs. Cone, W^aters, W^althour,
Morris, and Janes.
Committee on Petitions.—Messrs. Guess, Christian, Smith of
Bryan, Strickland of Ware, and Conner.
Committee on Engrossed Journals.—Messrs. Vincent, God-
dard, McConnell, Mays, and Camron.
24
The Hon. Norman J. McDonald, Senator elect from e
county of Mcintosh, appeared, produced his credentials, wag
sworn by the President and took his seat.
Mr. Miller laid on the table the following resolution .
Resolved, That the 10th Rule of the Senate be so altered
and amended, as to read as follows,- viz*.
" The previous question being moved and seconded, the
question from the Chair shall be—"Shall the main question
now be put?"—and if the nays prevail, the question shall not
then be put, and the Senate shall proceed as if the previous
question had not been moved. When the Senate shall take
up a Bill, Report, or Resolution, by sections, and before the
same is gone through, the previous question shall be moved,
seconded and sustained, the main question shall be on agree¬
ing to the particular section then under consideration. And
where a Bill, Report, or Resolution is so taken-up, it shall not
be in order to insert an independent section, until the whole
of the original Bill, Report, or Resolution is gone through—
when, if such section be adopted, it shall be inserted in the
place designated in the motion to insert. After the original
bill report, or resolution is gone through, and the previous
question shall be moved, seconded and sustained, the main
que stion shall be on the passage or adoption of the said Bill,
Report, or Resolution."
Mr. Dunagan laid on the table the following, preamble and
resolution •.
Believing that in the United States exertions are making
by many politicians, and perhaps by foreign capitalists, to
induce the Congress of the United States, to charter a Nation- -
al Bank; and believing" it the duty and privilege of a repre¬
sentative assembly to express the views and wishes of their
constituents—and believing that no indication in the political
movements of the sovereign people of the State of Georgia,
authorises us to come to the conclusion that they are in favor
of such an institution; and believing", as we do, in its danger¬
ous tendency and influence to create a high Tariff for the
protection of manufactures, and other unconstitutional pur¬
poses ; and still believing, as heretofore expressed, that such
an institution is inexpedient and unconstitutional and dan¬
gerous to the liberties of the people—
Re it thci cfore resolved by the Senate and House of lieypresenta,-
tives of the State of Georgia, in Genei'al Assembly met, That
our Senators in Congress be instructed, and our Representa¬
tives respectfully requested to-oppose the chartering of a Na¬
tional Bank of any description whatever.
Mr. Harris, of Warren laid on the table the following re¬
solution : G
Resolved, That one hundred copies of the Rules for the
government of the Senate, be published for the use of the
members.
25
The following message was received from the House of
Representatives,by Mr. Cabaniss, their Clerk:
Mr. President:—The House of Representatives have pas¬
sed the following resolution, to wit:
Resolved, That both Houses of the General Assembly will
convene in the Representative Chamber, on Friday next, at
11 o'clock in the forenoon, for the purpose of electing a
Judge of the Superior Courts of the Coweta District; also,
an Attorney General for the Middle District, and a Solicitor
General for the Eastern, Northern, Southern, Ocmulgee,
Western, and Flint Districts, each respectively—to which
they desire the concurrence of the Senate.
On motion of Mr. Calhoun, the following resolution of the
House of Representatives, was taken up, read, and concur¬
red in:
Resolved, That both Houses of the General Assembly will
convene in the Representative Chamber on Friday next, at
11 o'clock, in the forenoon, for the purpose of electing a
Judge of the Superior Courts of the Coweta District; also,
an Attorney General for the Middle District, and Solicitor
Generals for the Eastern, Northern, Southern, Ocmulgee,
Western, and Flint Circuits, each respectively.
Mr. Smead laid on the table the following resolution:
Resolved, That both branches of the General Assembly
will convene in the Representative Chamber, on Friday next,
the 6th instant, at 12 o'clock, M. for the purpose of electing
a Brigadier General for the second Brigade of the 10th Divi¬
sion, G. M. to fill the vacancy occasioned by the formation of*
the 13th Division, G. M. and the including in said Division,
Thomas J. Holmes, late Brigadier General of the said second
Brigade of the 10th Division.
Mr. Creach introduced the following bill, to wit:
A bill to be entitled an act to alter and amend the Road
Laws of this State, so far as relates to the county of Mont¬
gomery—which was read the first time.
Mr. Jones introduced a bill to authorise the returns of
Sheriffs, Constables, Coroners, and Justices of the Peace, to
be traversed, and to point out the manner in which the same
shall be made—which was read the first time.
Mr. Miller introduced the following bills, which were read
the first time, to wit:
A bill to be entitled an act to confirm the purchase of the
Bridge across Savannah River at Augusta, &c.
Aiso, a bill to carry into effect that part of the first section
of the 3d article of the Constitution, which requires the estab¬
lishment of a Supreme Court for the correction of Errors,
and to organize the same, and regulate the proceedings
thereof.
Also, a bill to alter and amend the several acts in relation
to taxes.
26
On motion of Mr. Gonder, one hundred copies eac , o e
bffis relative to taxes, and for the organization of a upreme
Court for the correction of Errors, were ordered to e print¬
ed.
Mr. Strickland, of Ware, introduced a bill to compensate
Grand and Petit Jurors in the county of Ware, and to au¬
thorise the Inferior Court of said county, to levy an extra tax
to pay said Jurors; which was read the first time.
Mr. Kimzey introduced u bill to alter and amend so much
of the Judiciary of this State as relates to the binding of de¬
fendants property traded after the rendition of judgment;
which was read the first time.
On motion of Mr. Blackshear, the bill to change the time
of holding the Superior Courts for the county of Thomas,
was taken up, read the second time, and committed to a com¬
mittee of the whole.
On motion of Mr. Holmes of Baker, the Senate adjourned
until 10 o'clock to-morrow morning.
THURSDAY MORNING, November 5, 1840.
The Senate met pursuant to adjournment.
Mr. Echols laid on the table the following Preamble and
Resolutions :
Whereas, several of the Banking institutions of this State
have suspended specie payments, and the bill-holders of such
suspended banks have had to submit to great loss and incon¬
venience, in the disposition of their bills, either in procuring
funds abroad, or in discharge of their debts, or otherwise;
and it is the opinion of this General Assembly, that there
does not now exist any sufficient cause for such suspension;
and that there now exists no good reason whatever why such
banks as have suspended specie payments, should not
promptly discharge their liabilities by a redemption of their
bills, and discharge of all other debts, in gold and silver;
and, in case of their failure so to do, that further indulgence
should not be granted, and that the extraordinary privileges
heretofore conferred, be withdrawn.
Be it thei cfore resolved by the Senate and House of"Representa¬
tives of the State of G-corgia, That his Excellency the Gover¬
nor do issue his proclamation, requiring the several suspend¬
ed Banks of this State to resume specie payments, and to
discharge their liabilities in gold and silver, on or before the
first clay of January next; and on the failure or refusal of
any bank to redeem their bills, and discharge all their liabili¬
ties, on the day aforesaid, in gold and silver, that his Excel-
27
lency the Governor give notice to the Attorney-General or
the Solicitor-General in whose judicial circuit such suspend¬
ed bank or banks may be, to cause a scire facias to issue, re¬
quiring said bank or banks to show cause why their charter
or charters should not be set aside, and that the affairs of the
bank be wound up and brought to a close.
Be it further resolved, That his Excellency the Governor
do cause similar proceedings to be instituted against any
bank or banks that may hereafter suspend, or refuse to re¬
deem their bills in gold and silver.
Be it further resolved, That his Excellency the Governor,
if he may deem it necessary, be, and he is hereby authorized
to employ any additional counsel to aid the Attorney or
Solicitors-General in the prosecution of all such proceedings
as may be instituted against any suspended bank; and that,
for their services so rendered, they be paid a reasonable
compensation, and that his Excellency thp Governor be, and
he is hereby authorized to draw his warrant on the Treasury
for the- same, to be paid out of the contingent fund ; which
was read, and 100 copies ordered to be printed.
On motion of Mr. Miller, the resolution of yesterday, alter¬
ing the tenth rule of the Senate, was taken up, read, and laid
on the table until to-morrow.
Mr. Williamson reported a bill to alter and amend a part
of the second section of the fourth article of the Constitution
of the State of Georgia, so as to require all elections by the
General Assembly to be made "viva voce;" read the first
time.
Mr. Strickland, of Ware, reported a bill to alter and a-
mend an act, entitled An act passed 30th December, 1836,
to appropriate a sum of money to improve the navigation of
the Big Satilla River ; read the first time.
Mr. Creach reported a bill to authorize the Treasurer of
the Common School Fund of the county of Montgomery, to
loan out said Fund, and collect all or any part of the same,
on certain conditions ; read the first time.
Also—A bill to consolidate the offices of Receiver of Tax
Returns and Tax Collector of this State, so far as respects
the county of Montgomery ; read the first time.
Mr. Echols reported a bill to alter the third, seventh, and
twelfth sections of the first and second article, of the third
section, and third article, and the fifteenth section and fourth
article of the Constitution of the State ; read the first time.
Mr. Smead called up the resolution of yesterday, " bring¬
ing on certain military elections;" which was read and
agreed to.
Mr. Goode reported a bill to incorporate the Upson Rifle¬
men, and to give the members thereof certain privileges ;
read the first time.
28
Mr. Wiggins reported a bill to change the name of Walter
flutherford Highsmith to Walter Rutherford ' °*
Wayne county, and legitimatize the same ; read the nrst
time.
Mr. Bulloch reported a bill to authorize the Justices of the
Peace of the several districts within the corporate limits of
the city of Macon, (Bibb county,) to hold their courts in the
court-house of said county; and to authorize the Justices of
the Peace to require costs to be paid or secured before the
suits are commenced ; read the. first time.
Mr. Miller reported a bill to amend the act incorporating
the Georgia Rail-Road and Banking Company; read the
first time.
Also—Presented a petition from Jules D'Antile; which
was referred to the Committee on Petitions, without being
read.
Mr. Guess reported a bill to repeal the second section of
an act, passed in December, 1830, making an appropriation
for the benefit of the University of Georgia ; read the first
time.
Mr. Young reported a bill to exempt James Hall, Senior,
of Irwin county, from the several provisions of the acts of
the General Assembly, concerning Pedlers, and to authorize
him to engage in that business without license; read, the
first time.
Mr. Vincent reported a bill to consolidate the offices of
Receiver of Tax Returns and Tax Collector, in and for the
county of Clark ; read the first time.
Mr. Hammond reported a bill to authorize Evin Howell,
of the county of Gwinnett, to establish a Ferry across the
Chattahoochee River, on his own land ; read the first time.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
Mr. President: The House of Representatives have con¬
curred with the Senate in the resolution, bringing on the
election of a Brigadier General, for the 2d Brigade of the
10th Division, G. M., on Friday next, at 12 o'clock, M.
They have also passed a Resolution, bringing on the elec¬
tion of State Printer, on Thursday next, at 11 o'clock, A. M.;
to which they desire the concurrence of the Senate.
The following bills were severally taken up, read the
second time, and committed to a Committee of the Whole,
to wit:
A bill to compel the incorporated companies of this State
to meet their engagements, and to enable the bill-holder to,,
collect specie from the Banks without delay. ■
A bill to authorize the returns of Sheriffs, Constables,
29
Coroners and Justices of the Peace, to be traversed, and to
point out the manner in which the same shall be done.
A bill to alter and amend the Road Laws of this State, so
far as relates to the county of Montgomery.
A bill to confirm the purchase of the Bridges across the
Savannah River, at Augusta, &c.
A bill to carry into effect that part of the first section of
the third article of the Constitution, which requires the estab¬
lishment of a Supreme Court for the correction of errors, to
organize the same, and to regulate the proceedings thereof.
A bill to compensate Grand and Petit Jurors, in the coun¬
ty of Ware, and to authorize the Inferior Court of said coun¬
ty to levy an extra tax to pay said Jurors.
Also—A bill to alter and amend so much of the Judiciary
of this State, as relates to the binding of defendant's proper¬
ty traded after the rendition of judgment.
On motion of Mr. Fryer,
The Senate adjourned until 10 o'clock, to-morrow morn¬
ing.
FRIDAY MORNING, November 6, 1840.
The Senate met, pursuant to adjournment.
Mr. Christian reported a bill to authorize William B. Dud¬
ley, of the county of Elbert, to establish a Ferry across
Broad River, on his own land, and regulate the rates of fer¬
riage thereof; and to regulate the rates of ferriage of Henry
E. Nash's ferry, on said River; read the first time.
Mr. Morris reported a bill to regulate the banking institu¬
tions in this State, to compel them to resume specie pay¬
ments, and to conform to the laws of the State, under certain
penalties ; read the first time, and one hundred copies order¬
ed to be printed.
Mr. Morris laid on the table the following Preamble and
Resolution:
Whereas, the General Assembly of this State passed a
Joint Resolution, authorizing his Excellency the Governor,
or his successors in office, to employ one or more suitable
and well qualified persons to undertake the work of a careful
and scientific geological survey of all the counties of this
State, assented to on the 28th December, 1836 ; And where¬
as, the General Assembly of this State did appropriate the
sum of ten thousand dollars for the purpose of a Geological
Survey of this State,-assented to the 26th December, 1836;
which said sum has been entirely expended, in carrying out
30
the object of said Resolution and appropriation, without any
benefit to the people of Georgia : .
Be it therefore resolved, That the said office of a Geological
Surveyor of this State be, and the same is hereby abolished,
Mr. Williams reported a bill more effectually to prevent
illegal voting ; which was read the first time.
Mr. Dunagan reported a bill to enlarge the duties of the
Western and Atlantic Rail-Road Commissioners, by author¬
izing them to purchase land for depots and trading towns,
and to apply the proceeds of the town lots to the defraying
the expense of the Road £ and to permit the Hiwassee Rail-
Road Company to extend their Road to our terminus, in the
direction of Red Clay ; which was read the first time.
Mr. Strickland, of 'Tattnall, reported a bill to alter and
amend an act passed 21st December, 1839, entitled, An act
to alter and amend an act to appoint additional commission¬
ers on the Ohoopee and Canoochie Rivers, in the county of
Tattnall, passed 27th December, 1839 ; and so far as relates
to said amendatory act of 1839, requiring an immediate ap¬
plication of one half of the funds set apart for the improve¬
ment of the Ohoopie River, below Bazil's Creek; to appoint
additional commissioners upon the Ohoopie River; and for
other purposes ; which was read the first time.
Mr. Kimzey presented petition Number 2, for the organ¬
ization of a new county; which was referred to a Select
Committee, consisting of Messrs. Kimzey, Dunagan, and
McAffee, without being read.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary :
Mr. President: His Excellency the Governor has approved
and signed a'Resolution of the Senate, bringing on the elec¬
tion of a Brigadier General, this day, at 12 o'clock, for the
2d Brigade, and 10th Division, G. M.
Mr. Miller called up the Resolution, "altering the tenth
rule of the Senate ;" which was read, and, on the question
to agree to the Resolution, the yeas and nays were required
to be recorded, and were Yeas 37, Nays 44, as follows :
Those who voted in the affirmative, were Messrs.
Blackshear, Godard, Kennon,
Bryan, of Stewart, Gonder, Knight,'
Bulloch, Goode, Miller,
Calhoun, Harris, of Burke, Minter,
Cox, Harris,of Tal'ferro, Moore,
Creach, Holmes, of Baker, Neal,
Dawson, Janes, Reid,
Floyd, Jones, --Smead,
SI
Smith, of Bryan, Thomas, Warthen,
Spencer, Tomlinson, Williamson,
Stapleton, Vincent, Wiggins,
Strickland,of Tan'l, Waldhour, Wright.
Strickland,of Ware,
Those who voted in the negative, were Messrs#
Adams, Dunagan, Lindsay,
Beall, Echols, Loveless,
Beasley, Fryer, Mays,
Bishop, Graham, McConnell,
Boggess, Graves, McDonald,
Bostwick, Griggs, Morris,
Camp, Guess, Rainey,
Camron, Hamilton, Robertson,
Chastain, Hammond, Smith, of Twiggs,
Christian, Harris, of Warren, Speight,
Cone, Heflin, Swain,
Conner, Henley, Walker,
Crosby, Hopkins, Waters,
Culbertson, Jameson, Young.
Diamond, Kimzey,
Mr. Harris, of Warren, called up the Resolution for print¬
ing one hundred copies of the rules of the Senate; which
was read and agreed to.
Mr. Dunagan called up a Resolution, instructing our Sena¬
tors and requesting our Representatives in Congress, to op¬
pose the chartering of the National Bank ; which was read,
and one hundred copies ordered to be printed.
The following message was received from the House of
Representatives, by Mr. Cabaniss, 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, and to proceed to the elections set apart
for to-day.
The Senate then proceeded to the House of Representa¬
tives, to the elections set apart for this day ? and, after being
seated, both branches of the General Assembly proceeded
to elect a Judge for the Coweta Circuit; and, on receiving
and counting the ballots, it appeared that William W. Ez-
zard was duly elected Judge of the Superior Courts for the
Coweta Circuit.
In like manner, both branches of the General Assembly
went into the election of an Attorney General, for the Middle
Circuit of Georgia ; and, on receiving and counting out the
ballots, it appeared that J ames Gardner was duly elected.
Also—To the election of a Solicitor-General of the East-
32
era Circuit; and, on receiving and counting the ballots, it
appeared that William P. White, Esq'., was duly elected.
The Senate then returned to their Chamber, and on mo¬
tion of Mr. Graves, adjourned to 3 o'clock, this afternoon.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Glerk :
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 unfinished business of the
morning, to wit: the election of Solicitors General for the
Northern, Southern, Ocmulgee, Western and Flint Circuits;
and a Brigadier General for the 2d Brigade, 10th Division,
G. M.
The Senate repaired to the House of Representatives, and
went into the unfinished business of the morning, to wit: the
elections set apart for this day, the election of a Solictor
General for the Northern Circuit; and on receiving and
counting the ballots, it appeared that Alexander Pope, Esq.,
was duly elected.
Also—To the election of a Solicitor General for the South¬
ern Circuit; and, on receiving and counting the ballots, it
appeared that John Gibson, Esq., was duly elected.
Also-—To the election of a Solicitor General for the Oc¬
mulgee Circuit; and, on receiving and counting the ballots,
it appeared that Augustus Reese, Esq., was duly elected.
The Senate returned to their Chamber ; and, on motion,
adjourned until 10 o'clock, to-morrow morning.
SATURDAY MORNING, November 7, 1S40.
The Senate met pursuant to adjournment.
The Honorable Abner Reeves, Senator elect from the
county of Meriwether, appeared, produced his credentials,
and was sworn by the President of the Senate, and took his
seat.
Mr. Spencer moved to reconsider so much of the Journal
of yesterday as relates to the rejection of the amendment to
the tenth rule of the Senate ; which motion was lost.
us
Mr. Kennon laid the following resolutions on the table,
to wit: r.
Resolved, That the President appoint the usual standing-
committees, to wit: On the State of the Republic, on Fi¬
nance, on the Judiciary, on Banks, on Internal Improve¬
ment, on the Penitentiary, on Printing, on Public Education
and Free Schools, and on the Military.
Also,
Resolved, That so much of the Governor's message as
relates to the Judiciary, be referred to the Committee on the
Judiciary: that so much as relates to Finance, be referred
to the Committee on Finance : that so much as relates t©
the Military, be referred to the Committee on the Military:
that so much as refers to the present condition of the Banks
in this State, be referred to the Committee on Banks : that
so much thereof as relates to the subject of Internal Im¬
provement, be referred to the Committee on Internal Improve¬
ment : that so much thereof as relates to the Penitentiary, be
referred to the Committee on the Penitentiary : that so much
as relates to the general system of Education by Common
Schools, be referred to the Committee on Public Education
and Free Schools: that so much thereof as relates to the
Communications from our sister States, and to our Relations
with the General Government, be referred to the Committee
on the State of the Republic.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk.
Mr. President:—I am directed by the House of Represen¬
tatives to inform the Senate, that they are now ready to-re¬
ceive them in their chamber, to proceed to the unfinished
business of yesterday, to wit: the election of Solicitors Gen¬
eral for the Western and Flint Circuits, and a Brigadier
General for the second brigade, tenth division, G. M.
Mr. Miller reported a bill to amend the act incorporating
the Bank of Milledgeville with banking privileges, located
at Milledgeville, and to change the name of said bank; which
was read the first time.
Mr. Dunagan reported a bill to amend an act, entitled
an act, more effectually to secure the solvency of all the
banking institutions of this State, passed the 24th day of
December, 1832, assented to, the 23d "day of December,
1839, and to prescribe a penalty for any non-compliance
with the provisions of the same, or of this act; which was
read the first time.
On motion of Mr. Echols,
The Senate repaired to the Representative Hall, to pro¬
ceed to the unfinished business of yesterday, to wit: the
election of Solicitors General for the Western and Flint Cir-
u
suits, and a Brigadier General for the second brigade, tenth
division, G. M. •, ,
Both branches of the General Assembly then proceeded
to the election of a Solicitor General for the Western Cir¬
cuit of Georgia ; and on receiving and counting out the bal¬
lots, it appeared that William H. Hull was duly elected.
Both branches of the General Assembly also proceeded
to the election of a Solicitor General for the Flint Circuit, of
Georgia ; and on receiving and counting the ballots, it ap¬
peared that Z. E. Harmon, Esq., was duly elected.
In like manner, also proceeded to the election of a Briga¬
dier General for the second 'brigade,, tenth division, G. M.;
and on receiving and counting the ballots, it appeared that
David Bush, Esq., was duly elected.
The Senate then repaired to their chamber.
On motion of Mr. Moore,
The Senator from the county of Richmond, had leave ef
absence for a few days.
Mr. Williamson reported a bill to incorporate the Oxford
Female Academy in the county of Newton, and appoint
trustees for the same ; which was read the first time.
Mr. Watters reported a bill to authorise John J. Dodd of
the county of Floyd, to establish a ferry across the Ooste-
nauiy River on his own land ; which was read the first
time.
On motion of Mr. Fryer,
The Senate adjourned until Monday morning, 10 o'clock.
MONDAY MORNING, November 9, 1S40.
The Senate met pursuant to adjournment.
The Honorable William W. Gordon, Senator elect from
the county of Chatham, and Samuel D. Echols, Senator
elect from the county of Coweta, appeared, produced their
credentials, was sworn by the President of Senate, and took
their seats.
On motion, leave of absence was granted to the Senator
from Warren, for a few days.
Mr. Graves laid on the table the following resolution;
which was taken up, and agreed to.
Resolved, That both branches of the General Assembly
will convene in the Representative Chamber, on to-morrow,
at 11 o clock, A. M., for the purpose of electino- a Major
General of the thirteenth division, G. M.; alsor a^Brmadier
General of the 1st brigade, of said division. °
35
Mr. Jones reported a bill to pardon James Hunter, of the
county of Chattooga; which was read the first time.
Mr. Holmes reported a bill to compel persons ownina
plantations and slaves in the counties of Baker and Liberty,
to return the same, and pay the tax thereon in the counties
. where such property be situated ; which was read the first
time.
Mr. Harris of Burke, reported a bill to alter and amend
an act entitled an act, to amend an act entitled an act, to
carry into effect the sixth section of the fourth article of the
Constitution, touching the distribution of intestate estates,
&c.; which was read the first time.
Also—a bill for the relief of Executors, Administrators,
and Guardians, in certain cases, and to point out the manner
in which their settlements shall be made ; which was read
the first time.
Mr. Young reported a bill to establish an additional pre¬
cinct in the county of Irwin ; which was read the first time.
The following communications were received from his
Excellency the Governor, by Mr. Harris, his Secretary:
which, on motion of Mr. Echols of Walton, was taken up,
and read, to wit:
Executive Department, >
Milledgeville, 6th Nov. 1840. )
I have the honor to transmit to the General Assembly, a
copy of the letter of General Charles H. Nelson, resigning
his commission of Major General of the 12th division, G. M.
charles j. Mcdonald.
Executive Department, >
Milledgeville, 6th Nov. 1840. )
I have the honor to lay before the Legislature, a preamble
and resolutions relative to the demand made by the Execu¬
tive of Virginia upon the Executive of the State of New
York, for the surrender of three fugitives from justice.
These proceedings relate to a subject vitally interesting to
the whole Union, involving its peace, and perhaps its integ¬
rity. It cannot be disguised, that people bound by all the
ties of country and constitutional obligation, to feel and re¬
sent an injury to the humblest citizen, or his property, are
forming foreign alliances to commit unprovoked aggressions
on both. They cover their wicked designs with pretences
of philanthropy and religion, and are artfully uniting their
interests with those of a powerful political party, to give
force and effect to their principles.
All who properly appreciate the blessings of free govern¬
ment, will join in resisting their unwarrantable efforts. The
State of Virginia, in her particular case, recommends the
36
Governor to renew his correspondence with the^ xecu ive
of New York, requesting a review of the grounds ta en by
him, and that he will urge the consideration ol the subject
upon the Legislature of that State, but proposes no definite
ultimate measure of redress. It is feared that little is to be
hoped from an Executive officer, who^ denies the right of a
State to protect the property of its citizens by penal enact¬
ments 5 or, from a Legislature, which has already passed an
act to frustrate the wise provisions of the Constitution and
laws, by which a citizen of one State, may recover property
that has escaped into another.
The moderation of Virginia must command the approval
of all; and whatever course she may deem it her duty to
pursue, hereafter, in prosecution or vindication of her rights,
she will have the co-operation of Georgia.
I will take this occasion to remark, that the mode of
executing that part of the Constitution of the United States
which relates to the arrest and delivery of fugitives from
justice, should not be permitted to remain in doubt. It
should be settled. Until this is done, the occurrence of each
new case will give rise to fresh difficulties, and the harmony
of the States will be subject to perpetual disturbance. It
is clear, that the existing law is wholly inefficient for that
purpose.
The right to demand, and the indispensable obligation to
deliver, are created by the Constitution alone. The plan
proposed by the General Assembly of Georgia, at its last
session, seems to be fraught with fewer objections, than any
yet suggested. It requires the party on whom the obligation
rests, to perform the duty.
I regret that the papers now communicated, did not reach
me in time to have submitted them to you at an earlier
period.
charles j. Mcdonald.
The following bills were severally taken up, read a second
time, and committed to a committee of the whole, to wit:
A bill to be entited an act, to alter and amend the several
acts in relation to taxes.
A bill to authorise William P. Dudley, of the county of
Elbert, to establish a ferry across Broad River, on his own
land, and regulate the rates of ferriage thereof, and to regulate
the rates of ferriage of Henry E. Nash's ferry, on said river.
A bill to authorise Cain Howell, of the county of Gwin¬
nett, to establish a ferry across the Chattahoochee River, on
his own land.
A bill to consolidate the offices of receiver of tax returns
and tax collector, in and for the county of Clark.
a bill to exempt James Hall, Senior, of Irwin county,
from the several provisions of the acts of the General As-
37
sembly concerning pedlers, and to authorise him to engage
in that business without license.
A bill to repeal the second section of an act, passed in
December, 1830, making an appropriation for the University
of Georgia.
A bill to change the name of Walter Rutherford. High-
smith, to Walter Rutherford Youells, of Wayne county, and
legitimatise the same.
A bill to incorporate the Upson Riflemen, and to give to
the members thereof certain privileges.
A bill to authorise the treasurer of the common school
fund of the county of Montgomery, to loan out said fund,
and collect all or any part of the same, on certain condi¬
tions.
A bill to alter and amend an act, entitled an act, passed
30th December, 1836, to appropriate a sum of money to
improve the navigation of the Big Satilla River.
A bill to alter and amend a part of the second section of
the fourth article of the Constitution of the State of Georgia,
so as to require all elections by the General Assembly, to be
made viva voce.
A bill to amend the act incorporating the Georgia Rail
Road and Banking Company.
A bill to regulate the Banking Institutions in this State, to
compel them to resume specie payments, and to conform to
the laws of the State, under certain penalties.
A bill more effectually to prevent illegal voting—and one
hundred copies ordered to be printed.
A bill to enlarge the duties of the Western and Atlantic
Rail Road Commissioners, by authorising them to purchase
land for depots and trading towns, and to apply the proceeds
of town lots to the defraying the expense of the Road., and
to permit the Hiwassee Rail Road Company to extend their
Road to our terminus, in the direction to Red Clay.
A bill to alter and amend an act, passed 21st December,
1839, entitled an act, to alter and amend an act entitled an
act, to appoint additional commissioners on the Ohoopie and
Canoochee Rivers, in the county of Tattnall, passed 27th
December, 1839, so far as the said amendatory act of 1839,
requires an immediate application of one-half of the fund
set apart for the improvement of the Ohoopie River, below
Brazil's Creek, to appoint additional commissioners upon
the Ohoopie River, and for other purposes.
A bill to amend the act incorporating the Bank of Mil-
ledge ville, with banking and insurance privileges, located at
Milledgeville, and to change the name of said bank.
A bill to amend an act, entitled an act, more effectually to
secure the solvency of all the Banking Institutions of this
•State, passed the 24th day of December, 1832, assented to,
the 23d day of December, 1839, and to prescribe a penalty
38
for any non-compliance with the provisions of the same, or of
this act. .
A bill to incorporate the Oxford Female Academy, in
the county of Newton, and appoint trustees for the same.
Also—a bill to authorise John J. Dodd, of the county of
Floyd, to establish a ferry across the Oostenauly itiver, on
his own land.
The following bills were severally taken up, read the
second time, and ordered to be engrossed for a third lead¬
ing, to wit:
A bill to consolidate the offices of receiver of tax re¬
turns and* tax collector of this State, so far as respects the
county of Montgomery.
A bill to alter the 3d, 7th and 12th sections of the first
and second article of the 3d section and third article, and
the 15th section and fourth article of the Constitution of
the State.
A bill to authorise the Justices of the Peace of the several
districts within the corporate limits of the city of Macon,
Bibb county, to hold their courts in the court-house of said
county, and to authorise the Justices of the Peace to require
costs to be paid, or secured,, before suits are commenced.
Petition, No. 3, from sundry citizens of Habersham coun¬
ty, was presented by Mr. Morris, and referred to a select
committee, consisting of Messrs. Morris, Kimzey, and Mays,
without being read.
The Senate went into committee of the whole, on the bill
to compel the incorporated companies of this State to meet
their engagements, and to enable bill-holders to collect
specie from the banks without delay; Mr. Bell, in the chair;
the bill was reported with an amendment, the President re¬
sumed the chair; the committee reported progress, and
asked leave to sit again.
The Senate went into committee of the whole, on the bill
to alter the time of holding the Superior Courts in the coun¬
ty of Thomas; Mr. Dunagan in the chair; the bill was re¬
ported with amendments. The Senate took up and agreed
to the report as amended.
The bill was read the third time and passed.
The Senate went into committee oi the whole, on the bill
lo authorise the returns of Sheriffs, Constables, Coroners,
and Justices ol the Peace, to be traversed, and to point out
the manner in which the same shall be done ; Mr. Neal in
the chair ; the bill was reported without amendment. The
Senate took up, and agreed to the report.
The bill was read the third time and passed.
The Senate went into committee of the whole, on the bill
to alter and amend the road-laws of this State, so far as
relates to the county of Montgomery; Mr. Calhoun, in the
chair; the President resumed the chair, the bill was reported
SB
'without amendment. The Senate took up, and agreed to
the report.
The bill was read the third time, and passed.
The Senate went into committee of the whole, on the bill
to compensate grand and petit jurors in the county of Ware,
and to authorise the Inferior Court of said county, to levy an
extra tax to pay said jurors ; Mr. Echols of Walton, in the
chair; the bill was reported with an amendment; the Presi¬
dent resumed the chair. The Senate took up, and agreed
to the report.
The bill was read the third time and passed.
The "Senate went into committee of the whole, on the bill
to alter and amend so much of the Judiciary of the State,
as relates to the binding of defendant's property traded after
the rendition of judgment; Mr. Cone, in the chair ; after
having spent some time therein, the President resumed the
chair ; the bill was reported with an amendment, and leave
asked to sit again.
Mr. Kennon called up the resolution on the subject of
appointing joint-standing committees ; which was amended,
by Mr. Dunagan—and read and agreed to, as amended.
•On motion of Mr. Moore,
The Senate adjourned to 3 o'clock, this afternoon.
Three o'clock, P. M.
The Senate convened pursuant to adjournment.
On motion of Mr. Beall,
The Senate resolved itself into a Board of Visitors, for
the purpose of receiving the trustees of the University of
Georgia. Messrs. Beall, Smead, and Harris of Burke,
were appointed a committee to inform the trustees, that the
Senate are now ready to receive them. After the reports of
the President and Treasurer of Franklin College were read,
and the call of the counties, the Senatus Academicus ad¬
journed sine die.
On motion of Mr. Holmes of Baker,
The Senate adjourned to 10 o'clock, to-morrow morning.
TUESDAY MORNING, November 10, 1840.
The Senate met pursuant to adjournment.
Agreeable to a resolution of Senate, the President of the
^Senate announced the following joint-standing committees.:
On the State of the Republic.—Messrs. Calhoun, .Miller,
Echols of Walton, Gordon, Floyd, Adams, Spencer, Graves,
Dawson, McAfee, Reid, Bishop, and Stapleton.
On Finance.—Messrs. Beall, Williamson, Bostwiek,
Thomas, Dunagan, Glover, Vincent,. Echols of Coweta,
Harris of Burke, Harris of Warren, Cox, Hopkins, and
Beasley. m1
On the Judiciary.—Messrs, Williamson, Jones, I hompson,
Gonder, Goode, Moore, Kennon, Blackshear, Griggs, Cul-
bertson, Chastain, Knight, and Heflin.
On Banks.—Messrs. Miller, McDonald, Smead,, Smith of
Twiggs, Jones, Neal, Watters, Holmes of Houston, Reeves,
Bryan of Stewart, Anderson, Bulloch, and Graham.
On Internal Improvement.—Messrs. Gordon, Calhoun, Bish¬
op, Stapleton, Hamilton, Tomlinson, Lindsay, Warthen,
Christian, Wiggins, Diamond, Conner, and Bryan of Macon.
On the Penitentiary.—Messrs. Dunagan, Williams, Graves*
Wright, Boggess, Goddard, Walker, Strickland of Tattnall,
Crosby, Harris of Taliaferro, Kimzey, Moore, Creach, Mays,
aud Fryer.
On Printing.—Messrs. Kennon, Morris, Loveless, Fryer,
Strickland of Ware, Speight, Spencer, Camp, Beasley,
Minter, Rainey, Griggs, and Young.
On Public Education and Free Schools.-—Messrs. Floyd,
Adams, Dawson, McAfee, Harris of Burke, Gonder, Waid-
hour, Hammond, Goode, Robertson, Smead, Smith of Bryan,
Jameson, and Janes.
On Military.—Messrs. Echols of Walton, Warthen, Cone,
Holmes of Baker, Bulloch, Thomas, McConnell, Glover,
Henley, Knight, Cox, Camron, Vincent, and Swain.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their clerk :
Mr. President:—-The House of Representatives have con¬
curred in the resolution of the Senate, bringing on the elec¬
tion of Major General of the thirteenth division, G.M. ; also,
Bi igadier General of the first brigade of said division, to¬
day? at 11 o'clock, A. M., with an amendment, which is to
bring on the election of Brigadier General of the second-
brigade, second division.
To which, they desire the concurrence of the Senate.-
On motion of" Mr. Cone,
The message from the House of Representatives was5
taken up, ready and the amendment concurred in, by the-
Senate. '
Mr. Chastain reported a bill to make penal the issuing of
change-hills without Legislative authority, and to provide
for the punishment of the same which was read the first
time.
41
Mr. Dawson reported a bill to define the liability of the sev¬
eral Rail Road Companies in this State, for the loss of stock
killed or wounded by the running of cars or locomotives on
their Roads respectively, and to regulate the proceedings in
such cases ; which was read the first time.
Mr. Tomlinson reported a bill to regulate elections in the
county of Sumter, and to repeal all laws authorising or
creating election precincts in said county; which was read
the first time.
Mr. Camron reported a bill to authorise Overseers of Roads
for Chattooga county, to appoint warners, and to define their
duties ; which was read the first time.
Mr. Williamson reported a bill to repeal an act to establish
the office of Adjutant and Assistant Adjutant General,
passed in December, 1836, and to provide for the election
of an Adjutant and four Assistant Adjutant Generals; which
was read the first time.
Also—a bill to alter and amend the 30th section of the
10th division of an act, entitled an act, to reform, amend
and consolidate the penal laws of the State of Georgia, ap¬
proved December 23d, 1833; which was read the first time.
Mr. Hamilton reported a bill for the relief of Felix Arthur,
of the county of Cass, from further liability, as security for
John Ward and John Countryman; which was read the
first time.
Mr. Bryan of Macon, reported a bill to form a new Judi¬
cial Circuit, to be known and called the Southwestern Cir-j
cuit, and to appoint the times of holding the courts therein ;
which was read the first time.
Mr. Robertson reported a bill to consolidate the offices of
receiver of tax returns and tax collector of this State, so far
as relates to the county of Appling; which was read the
first time.
Mr. Bostwick reported a bill to incorporate the Baptist
Church in Pulaski county, known by the name of the Mount
Horeb Church, and to appoint trustees for the same ; which
was read the first time.
Mr. Kennon's resolution in reference to papers being re¬
ferred to the joint-standing committees, was taken up, read,
and agreed to.
The following bills were severally taken up, read the
second time, and committed to a committee of the whole.
A bill to pardon James Hunter.
A bill to compel persons owning plantations and slaves in
the counties of Baker and Liberty, to return the same, and
pay the tax thereon in the counties where such property may
be situated. ,
A bill for the relief of Executors, Administrators, and
Guardians, in certain cases, and to point out the manner m
which their settlements shall be made.
42
a bill to alter and amend an act, entitled an act, o amend
an act, entitled an act, to carry into effeet the sixt section
of the fourth article of the Constitution, touching the distri¬
bution of intestate estates, &c. .
A bill to establish an additional precinct m the county of
Irwin.
Mr. Moore reported a bill requiring the record of all deeds
of gift from the parent, to the children, where actual pos¬
session of the property therein conveyed, is not given at the
time of the execution thereof; which was read the first time.
Mr. Bostwick reported a bill to incorporate the Mount
Horeb Ground Valley Academy m Pulaski county, and to
appoint trustees for the same; which was read the first
time.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary:
Executive Department, )
Milledgevillle, 10th Nov. 1S40. )
I have the honor to transmit to the General Assembly, the
letter of Brigadier General William Ezzard, resigning the
command of the 1st brigade of the 11th division of the
militia of this State.
charles J. Mcdonald.
* Mr. Echols of Walton, laid the following resolution on the
table :
Resolved, That the Secretary of State and Surveyor Gen¬
eral, be allowed to employ a sufficient number of clerks to
transact the business of their respective offices, not exceed¬
ing three each during the session, and their compensation
be provided for in the appropriation bill.
The engrossed bill to authorise the Justices of the Peace
of the several districts within the corporate limits of the
city of Macon, Bibb county, to hold their courts in the court¬
house of said county, and to authorise the Justices of the
Peace to require costs to be paid, or secured, before suits
are commenced, was taken up, read the third time, and
passed.
The following message was received from his Excellency
the Governor, by Mr. Home, his Secretary :
Mr. President:—-His Excellency the Governor has ap¬
proved and signed a resolution which originated in this
branch of the General Assembly, bringing on "the elect ion for
a Major General of the thirteenth division; also, a Brigadier
General of the first brigade of said division ; and also, a
Brigadier General, seconxLbrigadc. second ffivhirm G. M.
43
The following message was received from the House of
Representatives,.by Mr. Cabaniss, their clerk:
Mr. President:—I am directed by the House of Represen¬
tatives to inform the Senate, that they are now ready to re¬
ceive them in their chamber, to proceed to the elections set
apart for to-day.
The Senate then repaired to the House of Representa¬
tives, for the purpose of going into the elections set apart
for this day. Both branches of the General Assembly after
being seated, proceeded to the election of a Major General
for 13th division, G. M. ; and on receiving and counting the
ballots, it appeared that Thomas E. Blaekshear, was duly
elected.
In like manner proceeded to the election of a Brigadier
General for the 1st brigade, 13th division, G. M.; on receiv¬
ing and counting the ballots, it appeared that B. W. Hen¬
derson, was duly elected.
Also—to the election of a Brigadier General for the 2nd
brigade of the 2nd division, G. M. ; and on receiving and
counting the ballots, it appeared that Thomas J. Warthen,
was duly elected.
The Senate then returned to their chamber, and, on mo¬
tion, adjourned to 10 o'clock, to-morrow morning.
WEDNESDAY MORNING, November 11, 1840.
The Senate met pursuant to adjournment.
Leave of absence was granted to the Senators from the
counties of Washington, Baldwin, and Mcintosh, for a few
days, and the door-keeper, for one day.
Mr. Chastain laid the following resolution on the table,
to wit:
Resolved, That his Excellency the Governor, be requested
to lay before this branch of the Legislature the report of the
proceedings of Michael Smith, Richard Beardin, Samuel
Jones, Joseph Clayton, and James McGehee, commissioners
appointed by an act of the Legislature in December, 1836, to
lay out a road from Dahlonega, in Lumpkin county, by way
of Ellijay, in Gilmer county, and from thence, to the Federal
Road in Murray county, together with the amount of moneys
expended by each, or all of said commissioners.
Mr. Echols of Walton, moved to take up the resolution
allowing the Secretary of State and Surveyor General to
have clerks during the session of the Legislature.
44
On which motion, the yeas and nays were required to be
recorded, and are yeas 53, nays 24.
Those who voted in the affirmative, are Messrs.
McAfee,
McConnell,
Morris,
Rainey,
Reeves,
Adams,
Beall,
Bishop,
Boggess,
Bostwick,
Calhoun,
Camp,
Camron,
Chastain,
Christian,
Cone,
Conner,
Cox,
Crosby,
Culbertson,
Diamond,
Dunagan,
Echols of Coweta, Mays,
Echols of Walton,
F ry er,
Glover,
Gordon,
Graham,
Graves,
Guess,
Hamilton,
Heflin,
Henley,
Holmes of Baker,
Jameson,
Kennon,
Kimzey,
Knight, ■
Lindsay,
Loveless,
Reid,
Smith of Twiggs,
Speight,
Spencer,
Strickland of Tatt-
nall,
Strickland of Ware,
Swain,
Tomlinson,
Walker,
W atters,
Williamson,
Young.
Those who voted in the negative, are Messrs.
Gonder, Robertson,
Goode, Smead,
Griggs, Smith of Bryan,
Harris of Tal'ferro, Thomas,
Jones, Vincent,
Minter, W aldhour,
Moore, Wiggins,
Neal, Wright.
So the motion was carried.
Beasley,
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
C reach,
Floyd,
Godard,
The question then being on agreeing to the resolution, the
yeas and nays were required to be recorded, and are yeas
42, nays 34.
Those who voted in the affirmative, are Messrs.
Adams, Cox, Kennon,
Beall, Crosby, Kimzey,
Bishop, Diamond, Knight,
Boggess, Echols of Walton, Lindsay,
Bostwick, Fryer, Loveless,
Calhoun, Gordon, Mays,
Camp,_ Graham, McAfee,
Chastain, Guess, Morris,
Christian, Heflin, Rainey,
Cone, Holmes of Baker, Reeves,
Conner, Jemeson, Reid,
45
Smith of Twiggs, Strickland of Ware, Watters,
Speight, Swain, Williamson,
Spencer, Tomlinson, Young,
Those who voted in the negative, are Messrs.
Beasley, Godard, Robertson,
Blackshear, Gonder, Smead,
Bryan of Macon, Goode, Smith of Bryan,
Bryan of Stewart, Graves, Strickland of Tatt-
Bulloch, Griggs, nail,
Camron, Hamilton, Thomas,
Creach, Harris of Tal'ferro, Vincent,
Culbertson, Henley, Waldhour,
Dunagan, Jones, Walker,
Echols of Coweta, Minter, Wiggins,
Floyd, Moore, Wright,
Glover, Neal,
So the resolution was agreed to.
The President of Senate laid on the table the report of
the Commissioners of the Western and Atlantic Rail Road ;
which was referred to the Committee on Internal Improve¬
ment, without being read. And,
On motion of Mr. Echols of Walton,
Two hundred copies ordered to be printed.
Mr. Bostwick reported a bill to change the names of cer¬
tain persons therein named, and to legitimatise the same ;
which was read the first time.
Mr. Beall reported a bill to authorise the Justices of the
Inferior Court, so far as respects the county of Wilkinson,
to levy an extra tax for county purposes; which was read
the first time.
Mr. Graham reported a bill to alter and change the site of
the public buildings of the county of Dooly to some point more
central, and to make permanent the same, and to compen¬
sate the owners of town property in Drayton, the present site
of the public buildings, and for other purposes; which was
read the first time.
Mr. Christian reported a bill to organise and lay out a
new county from the counties of Lumpkin, Gilmer, Chero¬
kee, and Forsyth ; which was read the first time.
On motion, the Senate adjourned to 10 o'clock, to-morrow
morning.
46
THURSDAY MORNING, November 12, 1840.
The Senate met pursuant to adjournment.
Mr. Jones reported a bill to add certain fractions therein
named, to Paulding county; which was read the first time.
Leave of absence was granted to the Senator from Baker,
for a few days.
Mr. Jones called up the resolution appointing a committee
to investigate the condition and progress of the Western and
Atlantic Rail Road.
Which, on motion of Mr. Gordon, was laid on the table
for the present.
Mr. Calhoun called up the resolution of the House of
Representatives, bringing on the election of State Printer,
on this day; which was amended, by adding a Brigadier
General of the first brigade, eleventh division, G. M; which
was read and concurred in, as amended.
Leave of absence was granted to the Senator from Craw¬
ford, for a few days.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their clerk :
Mr. President:—I am directed to inform the Senate, that
the following are the standing committees, on the part of
the House of Representatives, to wit:
On the State of the Republic.—Messrs. Toombs, Robinson
of Jaspef, Hardeman, Anderson of Chatham, Long, Hub¬
bard, King, Chipley, Howard, Roberts, Reynolds, O'Neal,
Fitzpatrick, Beavers, McComb, White of Jasper, Crutch-
field, Delauney, Meadows, Boothe, Craft, and Bell.
On Finance.—Messrs. Chappell, Stiles, Murphey of De-
Kalb, Flournoy of Washington, Black, Harrison of Ran¬
dolph, Crawford of Richmond, Foster, Toombs, Rodgers,
Atkinson, Maxwell, Rea, Whitfield, White of Pike, Robert¬
son of Columbia, Flournoy of Muscogee, Dixon of Talbot,
Johnson of Troup, and Liddle.
On the Judiciary.—Messrs. Crawford of Richmond, Millen,
Chappell, Hardeman, Flournoy of Washington, Stephens,
Stiles, Toombs, Williams of Talbot, Foster, Wales, Gath-
right, Murphey of DeKalb, Crawford of Sumter, King,
Whitfield, Ford of Lee, Alexander, Greene of Macon,
Crawford of Oglethorpe, Barclay, and Hotchkiss.
On Banks.—-Messrs. Millen, Wales, Alexander, Brown of
Bibb, Shaw, Moore, Lefils, Crawford of Richmond, Barclay,
Evans, Hammond, Neal, Robinson of Laurens, Hampton,
Boothe, Wingfield, Johnson of Troup, Dufour, Jones of
Monroe, and Daniel of Greene.
On Internal Improvement.*—Messrs. Hardeman, Anderson
47
of Chatham, Richardson, Mulkey, Rodgers, Evans, Morris
of Murray, O'Neal, Bethea, Martin of Morgan, Morris of
Cobb, Sapp, Hudson, West, Bentley, Brown of Fayette,
Boynton, Davenport, Palmer, McCom'b, Howard, and Pitts.
On Public Education and Free Schools.—Messrs. Stephens,
Hardman, Chappell, Walker, Hagerman, Credille, Stroud
of Clark, Sermons, Greene of Macon, Stewart of Mcintosh,
Chapman, Atkinson, Crawford of Sumter, Wallace, Tanner,
Erwin, Shaw, Ashley, Espy, Dufour, Tarver, Hitchcock,
and Collier.
On the Penitentiary.-—Messrs. Rodgers, Hatcher, Jones of
Harris, Franks, Mays of Cobb, Brown of Houston, Rhodes,
Carswell, Thomas, Davis, Stroud of Walton, Green of Pike,
Lowe, Preston, Dodson, Linden Herrington, Stone, Ellis,
Lawson, Taylor, and Bryan of Houston.
On Military Affairs.—Messrs. Stewart of Mcintosh, Jones
of Columbia, Whigham of Marion, Hardage, Waldhour,
Turner, Wilson, Nixon, Warren, Trayler, Welborne, Wooten,
Cannon, Thompson, McCrimmon, McDuffie, Cooke, Hines,
Webb, Lee, Covenah, and Moon.
On Enrolment.—Messrs. Stone, Smith, Linder, Richard¬
son,. Hall, Johnson of Heard, Hammond, Hudson, Lefils,
Maxwell, Reynolds, Farnall, Reeves, Black, Robertson of
Columbia, Jordan, Chester, Rea, Robinson of Laurens, and
Burt.
On Petitions.—Messrs. Osborne, Bigham, Cutright, Shrop¬
shire, Darden of Warren, McMillen of Jackson, Hardy,
Parks, Bryan of Wayne, Sanford, Hendry, Read, Lynch,
Hudgins, Sumner, Emanuel, Mays of Warren, Chandler,
Dawson, Hunter, Lawson, and Sanders.
On Public Printing.—Messrs. Stroud of Walton, Whigham
of Macon, Flournoy of Muscogee, Dixon of Walker, Mann
of Tattnall, Darden of Troup, Green of Forsyth, Harrison
of Putnam, McMilian of Thomas, Sanders, Pitman, Mitchell,
Towles, Carlton, Moultrie, Williams of Harris, and Johnson
of Appling.
On Engrossing Journals.—Messrs Darden of Warren, Bar¬
clay, Meadows, Ford of Cherokee, Jones of Franklin, Har¬
ris, Martin of Gwinnett, Price, Anderson of Franklin, Dark,
Hall, and McGahagan.
On Privileges and Elections.—Messrs. Murphey of DeKalb,
Keaton, Daniel of Thomas, Hibbert, Mann of Morgan,
Sheffield, McCall, McMath, Stuart of Ware, Whitworth,
Murphey of Wilkinson, Carroll, Thomas, Pettee, Hampton,
Williams of Bulloch, Jones of Harris, Pryor, Sumner,
Palmer, Anderson of Warren, and Loyall.
Mr. Jones called up the resolution requiring the Commis¬
sioners of the Western and Atlantic Rail Road, to stop the
work on said Road.
48
Mr. Williams moved that the resolution be laid on the
table for the balance of the session ; which motion being
withdrawn, Mr. Chastain moved that the matter be post¬
poned for a future day.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their clerk.
Mr. President:—The House of Representatives have
passed the following bilL, to wit:
A bill to authorise the Sheriffs of Troup count}' to adver¬
tise their sales in some one of the public gazettes in Colum¬
bus.
The House of Representatives have concurred in the
amendment of the Senate, to the resolution bringing on the
election of State Printer, and Brigadier General of the first
brigade, eleventh division, G. M., this day, at 11 o'clock.
Also—I am directed by the House of Representatives to
inform the Senate, that they are now ready to receive them
in their chamber, for the purpose of proceeding to the elec¬
tions set apart for this day, to wit: the election of State
Printer, and the election of a Brigadier General for the first
brigade, eleventh division, G. M.
On motion of Mr. Cone,
The Senate proceeded to the House of Representatives,
to go into the elections set apart for this day.
Both branches of the General Assembly after being seated,
proceeded to the election of a State Printer; and after six
ballottings, there being no election, on motion, the Senate
adjourned to their chamber. And,
On motion of Mr. Knight,
The Senate adjourned to 10 o'clock, to-morrow morning.
FRIDAY MORNING, December 13, 1840.
The Senate met pursuant to adjournment.
Mr. Jones reported a bill to alter and amend the eighth
■section of the Judiciary act of this State, passed 16tb Feb¬
ruary, 1799, and to define more particularly the fees of clerks;
which was read the first time.
M. Guess reported a bill to repeal an act to establish a
general system of education by common schools, assented
to, the 26th December, 1837 ; also, an act to amend said
act, assented to, 29th December, 1838; also, to change the
49
common school fund in the State of Georgia, to a poor school
fund for said State, and to provide for distributing the same;
which was read the first time.
Mr. Spencer reported a bill to compel persons owning
plantations and.slaves, situated in any county in this State,
other than the county where such person, or persons may
reside, to return the same, and pay the tax thereon, in the
county where it may be situated ; which was read the first
time.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their clerk:
Mr. President:—I am directed by the House of Repre¬
sentatives, to inform the Senate, that they are now ready to
receive them in their chamber, to proceed to the unfinished
business of yesterday, to wit: the election of State Printer,
and a Brigadier General for the first brigade of the eleventh
division, G. M.
Mr. Gordon laid the following resolution on the table :
Resolved, The the Senate decline for the present, the invi¬
tation from the House to go into convention to make the
election of State Printer, from yesterday.
On the question to agree to the resolution, the yeas and
nays were required to be recorded, and are yeas 47, nays 38.
Those who voted in the affirmative, are Messrs.
Adams,
Beall,
Bishop,
Boggess,
Bostwick,
Camp,
Camron,
Chastain,
Cone,
Conner,
Cox,
Crosby,
Culbertson,
Diamond,
Dunagan,
Echols of Coweta,
Echols of Walton,
Gordon,
Graham,
Graves,
Guess,
Hamilton,
Hammond,
Heflin,
Henley,
Holmes of Baker,
Hopkins,
Jemeson,
Jones,
Kimzey,
Lindsay,
Loveless,
Mays,
McAfee,
McConnell,
McDonald,
Morris,
Rainey,
Reeves,
Robertson,
Smead,
Speight,
Swain,
Vincent,
Walker,
Watters,
Young.
Those who voted in the negative, are Messrs.
Beasley,
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Calhoun,
Christian,
Creach,
Dawson,
Floyd,
F ryer,
Glover,
Godard,
Gonder,
Goode,
Griggs,
Harris of Burke,
Harris of Tal'ferro,
50
Janes, Reid, Thomas,
Kennon, Smith of Bryan, Tomlinson,
Knight, Spencer, W aldhour,
Miller, Stapleton, Williams,
Minter, Strickland of Tatt- Williamson,
Moore, nail, Wiggins,
Neal, ' Strickland of Ware,Wright.
So the resolution was agreed to.
Mr. Gordon reported a bill to repeal an act to provide for
the election of a Public Printer, and to regulate the print¬
ing required to be performed by the Legislature, and to
authorise the letting out of the public printing to the lowest
responsible bidder ; which was read the first time.
Mr. Blackshear reported a bill to regulate the times of
holding the Superior Courts of the Southern Circuit; which
was read the first time.
Mr. Janes reported a bill to incorporate the Village of Pal¬
myra, in the county of Lee, and to appoint commissioners
for the same ; which was read the first time.
On motion of Mr. Camron,
One hundred copies of the evidence for the pardon of
James Hunter, be printed for the use of Senate.
Mr. Walker reported a bill for the relief of Solomon Spur-
lock, John P. Glover, Senior, and John P. Glover, Junior,
securities of William E. Glover ; which was read the first
time.
Mr. Cone reported a bill to create and establish a free
system of education by common schools in the county of
Bulloch ; which was read the first time.
Mr. Bryan of Macon reported a bill to add the residence
of John Mulkey of the county of Houston, to the county of
Macon ; which was read the first time.
Mr. Hammond reported a bill to alter and amend the road-
laws of this State, so far as relates to compelling ordained
Ministers of the Gospel to work roads ; which was read the
first time.
Mr. Echols of Coweta, reported a bill to change the time
of holding the general elections in the State of Georgia;
which was read the first time.
Mr. Young reported a bill to disqualify all persons who
shall hereafter be convicted of certain crimes, from testify¬
ing in any Court of Justice in this State, and from the privi¬
lege of performing the duties of a juror ; which was read
the first time.
Mr. Strickland of Ware, laid the following resolution on
the table ; which was taken up, read, and agreed to.
Resolved by the Senate and House of Representatives of tk
State of Georgia, in General Assembly met, That his Excel¬
lency the Governor, be, and he is hereby authorised and re-
51
quired, to pay to James Strickland, Senator from the county
of Ware, the amount due said county as a poor school fund
for the year 1838 ; and to John A. Jones, Senator from the
county of Paulding, the amount due said county for said
year.
Mr. Vincent reported a bill to extend the corporate limits
of the town of Athens, in the county of Clark, and to change
the plan of holding the elections for officers of the corpora¬
tion of said town; which was read the first time.
Mr. Gonder reported a bill to change the name William
J. Emswilder, to that of William J. I. Reeves; which was
read the first time.
Mr. Bulloch reported a bill to authorise purchasers of city
lots, and lots of land in the cities of Macon and Columbus,
and in the reserves thereof, to redeem them from forfeiture;
which was read the first time.
Mr. Miller reported a bill to alter and amend the several
acts in relation to attachments and bail process; which was
read the first time.
Mr. Chastain reported a bill to make permanent the site
of public buildings, and seat of justice for the county of
Gilmer, in the town of Ellijay, and to incorporate the same;
which was read the first time.
Also—a bill to extend the time of the taking out of
grants in the gold and land districts in the Cherokee coun¬
try ; which was read the first time.
Mr. Loveless reported a bill to repeal the third section of
an act, passed the 29th December, 1839, further to regulate
the granting of retail license, and sale of spirituous liquors;
which was read the first time.
The following message was received from his Excellency,
by Mr. Harris, his Secretary :
Executive Department, >
Milledgeville, 12th Nov. 1840. )
I have the honor to transmit to the Legislature, the copy
of a letter from Brigadier General John D. Field, resigning
his command of the 2nd brigade of the 7th division, G. M.
charles j. Mcdonald.
The following bills were severally taken up, read the
second time, and committed to committee of the whole.
A bill to make penal the issuing of change-bills without
Legislative authority, and to provide for the punishment of
the same.
A bill to define the liability of the several Rail Road Com¬
panies in this State, for the loss of stock killed or wounded
by the running of cars or locomotives on their Roads, and to
regulate the proceedings in such cases.
52
A bill to regulate elections in the county of Sumter, and
to repeal all laws authorising or creating election precincts
in said county,
A bill to authorise Overseers of Roads for Chattooga
county to appoint warners, and to define their duties.
A bill to alter and amend the thirtieth section of the
tenth division of an act, entitled an act, to reform, amend,
and consolidate the penal laws of the State of Georgia, ap¬
proved December 23d, 1833.
A bill to form a new Judicial Circuit, to be known and called
the Southwestern Circuit, and to appoint .the times of hold-
the Courts therein.
A bill to consolidate the offices of receiver of tax returns
and tax collector of this State, so far as relates to the county
of Appling,
A bill to incorporate the Baptist Church in Pulaski county,
known by the name of Mount Horeb Church, and to ap¬
point trustees for the same.
A bill requiring the record of all deeds of gift from the
parent to the child, or children, where actual possession of
the property therein conveyed, is not given at the time of
the execution thereof.
A bill to incorporate the Mount Horeb Grand Valley
Academy in Pulaski county, and to appoint trustees for the
same.
A bill to change the names of certain persons therein
named, and to legitimatize the same.
A bill to amend an act, entitled an act, to alter and change
the site of the public buildings of the county of Dooly, to
some point more central, and to make permanent the same,
and to compensate the owners of town property in Drayton,
the present site of the public buildings, and for other pur¬
poses.
A bill to organize and lay out a new county from the
counties of Lumpkin, Gilmer, Cherokee, and Forsyth.
The Senate took up the bill to repeal an act to establish
the office of Adjutant and Assistant Adjutant General, passed
in December, 1836, and to provide for the election of an
Adjutant and four Assistant Adjutant Generals ; which was
read, and referred to the Committee on Military Affairs.
The following bills were severally taken up, read the sec-
and time, and ordered to be engrossed for a third reading:
A bill to add certain fractions therein named, to Paulding
county.
A bill to authorise the Justices of the Inferior Court, so
far as respects the county of Wilkinson, to lay an extra tax
for county purposes.
A bill for the relief of Felix Arthur, of the county of Cass,
from further liability, as security for John Ward and John
Countryman.
53
Mr. Chastain called up the resolution, requesting the Gov¬
ernor to lay before this branch of the Legislature, the pro¬
ceedings of Michael Smith, Richard Beardin, Samuel Janes,
Joseph Clayton, and James McGehee, commissioners ap¬
pointed to layout a road from Dahlonega, in Lumpkin coun¬
ty, by way of Ellijay, Gilmer county, from thence, to the
Federal Road in Murray county; which was read, and
agreed to.
The Senate took up the engrossed bill, to alter the 3d, 7th,
and 12th sections of the first and second articles of the 3d
section and third article, and the 15th section and fourth
article of the Constitution of the State; which was read, and
'ordered to lay on the table for the present.
The Senator from the county of Bibb had leave of ab¬
sence until Monday next.
The Senate went into committee of the whole, on the bill
to confirm the purchase of the bridges across the Savannah
River, at Augusta, See.; Mr. Spencer in the chair,; the Presi¬
dent resumed the chair; the bill was reported with an
amendment. The Senate took up, and agreed to the report.
The bill was read the third time, and passed.
Otn motion of Mr. Jones,
The Senate adjourned to 10 o'clock, to-morrow morning.
SATURDAY MORNING, November 14, 1840.
The Senate met pursuant to adjournment.
Mr. Miller moved to reconsider so much of the Journal
of yesterday, as declined going into the election of State
Printer.
On which motion, the yeas and nays were required to be
recorded, and are yeas 34, nays 47.
Those who voted in the affirmative, are Messrs.
Beasley, Goode, Stapleton,
Blacks'hear, Griggs, Strickland of Tatt-
Bryan of Macon, Harris of Burke, nail,
Harris of Tal'ferro, Strickland of Ware,
Janes, Thomas,
Kennon, Tomlinson,
Miller, Vincent,
Minter, Waldhour,
Moore, Williams,
Neal, Williamson,
Reid, Wiggins.
.Smith ©f Bryan,
Bryan of Stewart,
Calhoun,
Christian,
C reach,
Dawson,
Floyd,
Fryer,
Glover,
Godard,
54
Those who voted
Adams,
Beall,
Bishop,
Boggess,-
Bostwick,
Camp,
Camron,
Chastain,
Cone,
Conner,
Cox,
Crosby,,
Culbertson,
Diamond,
Dunagan,
Echols of Coweta
in the negative, are
Echols of Walton,
Gordon,
Graham,
Graves,
Guess,
Hamilton,
Hammond,
Heflin,
Henley,
Holmes of Baker,
Hopkins,
Jemeson,
Jones,
Kimzey,
Lindsay,
Loveless,
Messrs-
Mays,
McAfee,
McConnell,
McDonald,
Morris,
Rainey,
Reeves,
Robertson,
Smead,
Smith of Twiggs,,
Speight,
Swain,
Walker,
Walters,
Young,
The Senate refused to reconsider.
The following message was received from Ms Excellency
the Governor, by Mr- Harris, Ms Secretary :
Executive Department, >
Milledgeville, 13th Nov. 1840. )
I have the honor to lay before the General Assembly, the
report of the President of the Central Bank of Georgia, ex¬
hibiting the condition of that Institution.
charles J. Mcdonald.
Leave of absence for a few days was granted to the Sen¬
ators from Hancock,, Scriven, and Burke, after to-day.
The following message was received from the House of
Representaties, by Mr. Cabaniss, their clerk
Mr. President:—The House of Representatives have
passed the following bills, to wit r.
A bill to amend an act, entitled an act, to* establish a tri¬
bunal for the trial of slaves within this State, passed 16th;
December, 1811, so far as relates to the county of Mcin¬
tosh.
Also—a bill to alter and amend the ninth section of the
Judiciary act of 1799, and the first section of an act rela¬
tive to executions, passed December the 14th, 1811.
Mr. Beall laid on the table the following resolution r
Resolved, That the fourth and fifth rules for the order of
the, day, be changed so as to make bills of Senate for com¬
mittee in the order they stand, numbered the fourth order,
and bills for a second reading, the fifth order of the day.
The President of the Senate laid on the table the report
55
of the Comptroller General; which was referred to the Com¬
mittee on Finance, without being read.
On motion of Mr. Echols of Walton,
The Governor's message in relation to the report of the
President of the Central Bank was referred to the Commit¬
tee on Banks, and two hundred copies ordered to be printed.
Mr. Moore reported a bill authorising the Sheriffs of Lin¬
coln county to insert their advertisements in one of the news¬
papers published in the city of Augusta, or in any newspaper
published within the Northern Judicial Circuit; which was
read the first time.
Mr. McConnell laid on the table the following resolution:
Resolved, That the Committee on Printing be instructed to
ascertain from the several editors of newspapers of the State
of Georgia, now in attendance at the Seat of Government,
the lowest price they, or either of them, will, well and
faithfully execute the State Printing for the political year
1841; and that said committee report at as early a day as
possible, to this branch of the Legislature, the probable
saving to the State by letting the printing to the lowest
bidder.
Mr. Calhoun reported a bill to prescribe the duties of
Attorneys in entering up judgments, and the duties of Clerks
and Sheriffs in relation to executions ; which was read the
first time.
Also—laid on the table the following resolution :
Resolved, That both branches of the Legislature will con¬
vene in the Representative chamber, at 3 o'clock, P. M., for
the purpose of electing a Brigadier General of the Second
brigade of the seventh division, G. M. ; also, of the first
brigade of the eleventh division; which was taken up, read,
and agreed to.
Mr. Henley reported a bill to alter the Judiciary of this
State, so as to reduce the number of the Justices of the
Inferior Courts in each county, from five, to one; which was
read the first time.
Mr. Creach laid on the table the following preamble and
resolution :
Whereas, a great diversity of opinion exists among mem¬
bers of the General Assembly, in relation to their mileage
pay, some charging mileage from their places of residence,
by the nearest route to the Seat of Government, others^
charging by the mail-routes, or stage-routes, from the Seat of
Government to their respective places of residence.
Therefore, be it resolved by the Senate and House of Represen¬
tatives of the State of Georgia, in General Assembly met, and f
is hereby resolved by the authority of the same, That members of
both branches of the General Assembly of this State, in
malrino- out their accounts for mileage, shall confine them-
56
selves to the nearest possible route from their places of resi¬
dence, to the Seat of Government.
Mr. Swain reported a bill to repeal so much of an act,
entitled an act, to compensate the grand and petit jurors of
certain counties therein mentioned, so far as relates to the
county of Emanuel, assented to, 23d December, 1837; which
was read the first time.
Mr. Morris reported a bill to add a part of the county of
Habersham, to the county of Franklin ; which was read the
first time.
Mr. Jemeson reported a bill to alter and amend the Ju¬
diciary of this State, so far as relates to the jurisdiction of
Justices of the Peace; which was read the first time.
On motion of Mr. Floyd,
The report of the President and Treasurer of Franklin
College, was referred to the Committee on Public Education
and Free Schools, and three hundred copies ordered to be
printed.
The Senate went into committee of the whole, on the bill
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,
Mr. Echols of Walton in the chair, the committee reported
progress, and asked leave to sit again.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their clerk:
Mr.. President:—I am directed to inform the Senate, that
the House of Representatives have concurred in the resolu¬
tion of the Senate—setting apart the hour of 3 o'clock, P. M.,
this day, for the purpose of electing a Brigadier General for
the second brigade, seventh division, G. M. ; also, a Briga¬
dier General for the first brigade, eleventh division, G. M.
On motion of Mr. Echols of Walton,
The Senate adjourned until 3 o'clock, P. M.
Three O'clock, P. M.
The Senate met pursuant to adjournment. >
Mr. Williams laid the following resolution on the table ;
which was taken up, read, and agreed to, to wit :
Resolved, by the Senate and House of Representatives of the
State of Georgia, in General Assembly met., That his Excel¬
lency the Governor, be respectfully required to employ a
suitable person or persons to make such repairs on the roof
57
of the State House, as to prevent the same from leaking, to¬
gether with such other repairs, as he may consider necessary
for the preservation of the building, and that the same be
paid for out of the contingent fund.
Mr. Miller reported a bill to amend the rent-laws of this
State, so far as relates to the city of Augusta; which was
read the first time.
The following bills were taken up, read the second time,
and committed.
A bill to alter and amend the eighth section of the Judiciary
act of this State, passed 16th February, 1799, and to define
more particularly the fees of clerks.
The bill to establish a general system of education by
common schools, assented to, 26th December, 1837 ; also,
an act to amend said act, assented to, 29th December, 1838;
also, to change the common school fund for the State of
Georgia, to a poor school fund for said State, and provide
for disbursing the same; was taken up, read the second time,
and referred to the Committee on Public Education and Free
Schools.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary:
Mr. President:—His Excellency the Governor, has ap¬
proved and signed a resolution of the Senate, bringing on
the elections of two Brigadier Generals, this evening, at
: 3 o'clock.
i The following message was received from the House of
• Representatives, by Mr. Cabaniss, their clerk :
Mr. President:—I am directed by the House of Represen-
: tatives, to inform the Senate, that they are now ready to re-
■ ceive them in the Representative chamber, for the purpose
of proceeding to the elections set apart for this hour.
The Senate then repaired to the House of Representa¬
tives, for the purpose of going into the elections set apart for
this evening.
Both branches of the General Assembly after being seated,
proceeded to the election of a Brigadier General of the sec¬
ond brigade, seventh division, G. M. ; and on receiving and
counting the ballots, it appeared that Andrew J. Hansell,
Esq., was duly elected.
Also—to the election of a Brigadier General of the first
brigade, eleventh division, G. M.; and on receiving and
counting the ballots, it appeared that Hiram Howard, Esq.?
was duly elected.
The Senate then returned to their chamber, and,
On motion of Mr. Graves,
Adjourned to 10 o'clock, Monday morning next.
58
MONDAY MORNING, November 16, 1840.
The Senate met pursuant to adjournment.
Mr. Reid reported a bill to alter and amend the forty-third
section of the fourth division of the penal code; which was
read the first time.
Also—Laid on the table the following resolution:
Resolved, That when the Senate adjourns, it adjourn until
nine o'clock, until further directed.
Mr. Smead presented the petition of Leonard P. Breed-
love ; which was referred to a special committee consisting
of Messrs. Smead, Vincent, and Goode, without being read.
Mr. Gordon presented a memorial from certain stockhold¬
ers of the Darien Bank; which was referred to the Com¬
mittee on Banks, without being read.
Mr. Speight reported a bill to alter and fix the times of
holding the Superior Courts of the Chattahoochee circuit;
which was read the first time.
Also—A bill to cause persons owning certain property in
the county of Early, to make returns of the same in said
county, and to pay the same to the tax collector thereof;
which was read the first time.
Mr. Calhoun presented a memorial from the Western In¬
surance and Trust Company; which was referred to the
Committee on Banks, without being read.
Mr. Cox reported a bill to extend the corporate limits of
the town of McDonough, in the county of Henry; and to
confer upon the commissioners of said town, the right of as¬
sessing taxes upon the citizens thereof, or the performance
of road duty, as the commissioners may deem expedient;
which was read the first time.
Mr. Calhoun reported a bill to admit tax collector's deeds
in evidence, in certain cases therein named; which was
read the first time.
Mr. Reeves reported a bill to regulate the renewal of notes
in the Central Bank of Georgia; which was read the first
time.
Mr. Beall called up the resolution in relation to changing
the rules of Senate; which was read and agreed to.
Mr. McConnell called up the following resolution:
Resolved, That the Committee on Printing be instructed to
ascertain from the several Editors of newspapers of the
State of Georgia, now in attendance at the seat of Govern¬
ment, the lowest price they, or either of them, will well and
faithfully execute the State printing for the political year
1841 ; and that said committee report at as early a day as
possible, to this branch of the Legislature, the probable sav¬
ing to the State, by letting the printing to the lowest bidder.
59
Mr. Moore moved to strike oat the following words, "now
in attendance at the seat of Government" ; which motion
prevailed, and the resolution agreed to as amended.
The Senate then went into Committee of the Whole, on
the unfinished business of Saturday, to wit, the bill for the
establishment of a Court for the Correction of Errors; Mr.
Echols, of Walton, in the Chair.
The President resumed the Chair.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk.
Mr. President:—The House of Representatives have pass¬
ed the bill which originated in the Senate, to legalize the
adjournment of the Superior Court for the county of Thomas,
and to change the time of holding the Superior Courts in
the county of Bulloch.
They have, also, concurred in the resolution of the Senate,
authorizing his Excellency the Governor, to employ a suita¬
ble person or persons, to repair the roof of the State House,,
so as to prevent the same from leaking.
I am, also, directed to inform the Senate, that the House
of Representatives have chosen Absalom H. Chappell, Es¬
quire, a representative from the county of Bibb, as Speaker,
pro tern., in the absence of the Honorable Charles J. Jenkins,
their Speaker.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary :
Mr. President: His Excellency the Governor, has approved
and signed a resolution of the Senate, requesting the Gov¬
ernor to have the roof of the State House repaired, &c.
The Senate then adjourned until half-past 3 o'clock, P. M.
Half-past three o'clock, Monday Evening.
The Senate met pursuant to adjournment.
The unfinished business of the morning, viz. the bill for
the establishment of a Supreme Court for the Correction of
Errors, was taken up.
On motion of Mr. Cone, to lay the bill on the table for the
balance of the session, the ayes and nays were required to
be recorded, and are ayes 32, nays 52.
Those who voted in the affirmative, are Messrs.
Beall, Camron, Crosby,
Blackshear, Chastain, Echols of Walton,
Camp, Cone, Glover,
60
Morris,
Rainey,
Reeves,
Smith of Bryan,
Smith of Twiggs,
Stapleton,
Strickland of Tatt¬
nall,
Strickland of Ware,
Swain,
Thomas,
W aldhour,
W arthen,
Watters,
Wiggins,
Young.
Godard,
Hamilton,
Hammond,
J emeson,
Kennon,
Knight,
Loveless,
Mays,
Those who voted in the negative, are Messrs.
Adams, Gonder, McAfee,
Beasley, Goode, McConnell,
Bishop, Gordon, McDonald,
Boggess, Graham, Miller,
Bostwick, • Graves, Minter,
Bryan of Macon, Griggs, Moore,
Bryan of Stewart, Guess, Neal,
Bulloch,
Calhoun,
Christian,
Cox,
C reach,
Culbertson,
Dawson,
Diamond,
Echols of Coweta.
Floyd,
F ryer,
So the motion was lost.
On motion of Mr. Ftyer, to adjourn, the ayes and nays
were required to be recorded, and are a}'es 4-5, nays 37.
Harris of Taliaferro,Reid,
Heffin, Robertson,
Henley, Smead,
Holmes of Baker, Speight,
Holmes of Houston, Tomlinson,
Hopkins, Vincent,
Janes, Walker,
Jones, Williams,
Kimzey, Williamson,
Lindsay, Wright.
Those who voted in the affirmative, are Messrs.
Robertson,
Speight,
Stapleton,
Strickland of Tatt-
Harris of T aliaferro, nail,
Heffin, Strickland of Ware,
Holmes of Houston,Swain,
Adams,
Beall,
Beasley,
Blackshear,
Bostwick,
Bryan of Macon,
Camp,
Camron,
Chastain,
Christian,
Creach,
C rosby,
C ulbertson,
F ryer,
Glover,
Godard,
Graham,
Griggs,
Hamilton,
Hammond,
Jemeson,
Kennon,
Kimzey,
Knight,
Loveless,
Mays,
M orris,
Rainey,
Reid,
Thomas,
Tomlinson,
Vincent,
Walker,
Warthen,
Watters,
Williamson,
Wiggins,
Wright,
61
Those who voted in the negative, are Messrs.
Bishop,
Boggess,
Bryan of Stewart,
Bulloch,
Calhoun,
Cone,
Cox,
Dawson,
Diamohd,
Echols of Coweta,
Echols of Walton,
Floyd,,
Gonder,
Goode,
Gordon,
Graves,
Guess,
Henley,
Holmes of Baker,
Hopkins,
Janes,
Jones,
Lindsay,
McAfee,
McConnell,
McDonald,
Miller,
Minter,
Moore,
Neal,
Reeves,
Smead,
Smith of Bryan,
Smith of Twiggs,
Waldhour,
Williams,
Young.
So the motion was carried, and the Senate adjourned un¬
til ten o'clock, to-morrow morning.
TUESDAY MORNING, November 17, 1840,
The Senate met pursuant to adjournment.
Mr. Morris reported a bill to make deaf and dumb persons
idiots in law, so far as to authorise the appointment of guar¬
dians, in certain cases; which was read the first time.
Mr. Calhoun reported a bill to repeal an act, entitled an
act more effectually to prevent the evils of private banking;
and to stop the issuing and circulation of the bills and notes
of unchartered banks, private bankers, and the bills and
notes usually called change bills, approved 19th December,
1818; and further to repeal all pains, penalties, and extra¬
ordinary taxations, against persons of this State, for issuing
bills; and to restore to them the rights and privileges en¬
joyed by the banks, corporations, and monopolies of this State.
Also—A bill to repeal an act entitled an act, to prevent
the several banks of this State from selling or disposing of
Exchange, at a higher rate per cent, than herein expressed,
under certain conditions; and to prescribe the mode of pun¬
ishment for a violation of the same, assented to 23d Decem¬
ber, 1839 ; which was read the first time.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
Mr. President:—The House of Representatives have pass¬
ed the following bill, to wit:
A bill to be entitled an act to repeal an act, entitled an act
62
to organize the office of Adjutant-General of the State of
Georgia, passed on the 28th of December, 1836.
The Senate resumed the unfinished business of yesterday,
to wit: The bill for the establishment of a Supreme Court <
for the Correction of Errors; and on the question, shall this
bill now pass ? the yeas and nays were required to be re¬
corded, and are yeas 31, nays 50.
Those who voted in the affirmative, are Messrs.
Adams, Gonder, McAfee,
Bishop, Goode, McDonald,
Boggess, Gordon, Miller,
Bryan of Stewart, Graves, Moore,
Bulloch, Guess, Neal,
Calhoun, Henley, Reid,
Christian, Holmes of Baker, Smead,
Cox, Hopkins, Tomlinson,
Dawson, Janes, Williams.
Dunagan, Jones,
Floyd, Kimzey,
Those who voted in the negative, are Messrs.
Beall, Griggs, Smith of Twiggs,
Beasley, Hamilton, Speight,
Blackshear, Hammond, Stapleton,
Bostwick, Harris of T aliaferro, Strickland of Tatt-
Camp, Heflin, nail,
Camion, Jemeson, Strickland of Ware,
Chastain, Kennon, Swain,
Cone, Knight, Thomas,
Creach, Lindsay, Vincent,
Crosby, Loveless, Waldhour,
Culbertson, Mays, Walker,
Diamond, Minter, Warthen,
Echols of Walton, Morris, Waters,
Fryer, Rainey, Williamson,
Glover, Reeves, Wiggins,
Godard, Robertson, Wright,
Graham, Smith of Bryan, Young.
So the bill was lost.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary :—which was
read and referred to the Committee on Internal Improvement.
In compliance with a resolution of the Senate, requesting
me to lay before that branch of the Legislature, the report,
of the proceedings of Michael Smith, Richard Beardin, Sam¬
uel Jones, Joseph Clayton, and James McGehee, commis¬
sioners, appointed by an act of the Legislature, in Decem¬
ber, 1836, to lay out a road from Dahlonega, in Lumpkin
63
county, by way of Ellijay, Gilmer county, and from tbence
to the Federal Road in Murray county; together with the
amount of moneys expended by each or all of the said com¬
missioners.
I have the honor to submit the copy of a report made by
three of the commissioners, viz. Richard Beardin, Joseph
Clayton, and Samuel Jones; from which it appears they ex¬
hibit an account for nine thousand five hundred and six dol¬
lars ; the whole of which it is presumed has not been paid,
inasmuch as the report states that a considerable part of the
work done in Gilmer county is in dispute, on account of the
unreasonable price charged for it. I have no means of stat¬
ing the amount of money expended by each commissioner,
as the vouchers, if ever forwarded to this Department, are
not to be found. No date is affixed to the report, but from a
letter found on file, from Samuel Jones, one of the commis¬
sioners, a copy of which is communicated, I suppose it must
have been made subsequent to the 25th of May, 1839.
[Signed] CHAS. J. McDONALD.
Mr. Camp announced to the Senate the death of the
Honorable James Thompson, Senator from the county of
Walker.
Mr. Cone laid on the table the following resolutions, which
were taken up, read and unanimously agreed to, for the pur¬
pose of sending them to the House of Representatives for
concurrence.
Resolved, That we view the recent interposition of Divine
Providence, in the demise of the Honorable James Thomp¬
son, Senator elect from the county of Walker, as a loss to
the community at large, and especially to this body, of which
he was a respected member, and devoted to the rights of the
people of this State.
Resolved, That the Senate sincerely sympathize with the
afflicted family and relatives of the deceased, under their
bereavement; and as a testimony of their respect to his me¬
mory, that the members will wear the usual badge of mourn¬
ing during the session.
Resolved, That the resolutions be entered on the Journals
of the Senate, and that a copy thereof be transmitted to the
widow and family of the deceased.
And be it further resolved, That the Secretary be requested
to give notice to the House of Representatives of the demise
of the Honorable James Thompson; and request them to
appoint a committee, to join such committee as may be ap¬
pointed by the Senate, to make preparations and arrange¬
ments for the interment of the deceased.
The President then appointed the following gentlemen as
members of said committee: Messrs. Bishop, McAfee, Beall,
Smith of Twiggs, and Camp.
64
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
Mr. President:—The House of Representatives have con¬
curred with the Senate in the resolution appointing a com¬
mittee to make arrangements for the interment of the Hon¬
orable James Thompson, Senator from Walker county; and
on their part have appointed Messrs. Smith, Dixon of Walk¬
er, Welborne, Gathright, Morris of Cobb, Pryor, Osborne,
Stroud of Walton, and O'Neal.
On motion,
The Senate adjourned until 3 o'clock, this evening.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Bishop, from the Select Committee, made the follow¬
ing report:
The committee appointed to make suitable arrangements
in relation to the death and burial of the Honorable James
Thompson, Senator from the county of Walker, have per¬
formed that melancholy duty, and have in their power to in¬
form the Senate that the remains of the deceased will be
conveyed to the burial ground in this place, at four o'clock,
this evening, for the purpose of interment.
It is due the memory of the deceased, that the records of
his country should bear a permanent testimony of his worth
and the estimation in which he is held. By his death a void
is left in his family, his neighborhood, and his country. He
filled those interesting relationships, with affectionate and
parental tenderness, with benevolence and hospitality, with
perseverance and fidelity, and with independence and pat¬
riotism.
Be it therefore rtsolvcd, That we deeply regret and deplore
the afflicting circumstance which deprives this Legislature
of so valuable a member, and the country of so worthy a
citizen; and that this Legislature, as a token of the high re¬
gard which they entertained for the deceased when living,
and the respect they have for his memory, do wear crape on
the left arm for the space of thirty days.
Resolved, That the Senate will, this evening, at four o'clock,
repair to the lodgings of the deceased, and accompany his
remains to the burial ground in this place, and attend the
funeral ceremonies of the interment.
Resolved, That his Excellency the Governor, the Speaker,
and members of the House of Representatives, and Execu¬
tive officers, be invited to attend the funeral of the Honorable
James Thompson, this evening, at four o'clock.
85
Ttesolved further, That the following he the order of pro¬
fession:
1. Physicians and Clergy.
2. Corps.
3. Chief mourners.
4. Committee.
5. President, Secretary, and members of Senate.
6. Governor and Executive Officers.
7. Speaker, Clerk, and members of the House.
8. Citizens.
Which was taken up, read and agreed to, and ordered to
be sent to the House of Representatives for concurrence..
The following message was received from the House of
Representatives,, by Mr. Cabaniss, their Clerk ::
Mr. President:-—I am directed to inform this branch of the
General Assembly, that the House of Representatives have
concurred with the Senate in the report and resolutions in
relation to the death and interment of the Honorable James
Thompson, late a Senator from the county of Walker.
The Senate then proceeded in procession to the lodgings
of the deceased, and from thence to the burial ground; and
after the interment, returned to their chamber, and adjourn¬
ed until 10 o'clock, to-morrow morning.
WEDNESDAY MORNING, November 18, 1840.
'The Senate met pursuant to adjournment.
Mr. Gordon moved to reconsider so much of the Journal
of yesterday, as relates to the rejection of the bill to carry
into effect that part of the first section of the third article of
the (Constitution, which requires the establishment of a Su¬
preme Court for the Correction of Errors, and to organize
the same, and to regulate the proceedings thereof.
On which motion, the yeas and nays were required to be
recorded,, and are yeas 30, nays 53.
Those who voted in the affirmative are Messrs.
Adams, Christian, Graves,
Bishop, Cox, Guess,
Boggess, Dawson, Henley,
Bryan of Macon, Floyd, Hopkins,
Bryan of Stewart, Gonder, Janes,
Bulloch, Goode, Jones,
Calhoun. Gordon, K-imzey,
m
McAfee, Moore, Smeady-
McDonald, Neal, Tomlinsony
Miller, Reid, Williams.
Those who voted in- the negative, are Messrs.
Smith of Twiggy
Speight,
Spencer,,.
Stapleton,
Strickland of Tatt¬
nall,
Strickland of Ware,
Swain,.
Thomas*
Vincent,
Waldhour,
Walker,
Warthen,
Watters,
Williamson,.
Wiggins,
Wright,
Graham, Smith of Bryany Young.
So the Senate refused to- reconsider^
Mr. Bryan, of Stewart, reported a bill to* repeal an? act,
establishing election districts in the several counties therein
named, and to regulate the same, assented to 21st December,
1839, so far as relates to the county of Stewart ;; which was
read the first time.
Also—A bill amendatory of an act* to authorize the Justi¬
ces of the Inferior Court of the several counties in this State,
to create and lay out any new districts, or change and alter
the lines of those already made, assented to 23d December,
1839 ; which was read the first time.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
Mr. President:—The House of Representatives have pass¬
ed the bill to authorise the Sheriffs and Clerks of the Supe¬
rior, Inferior, and Ordinary Courts of Campbell county, to
insert their advertisements in any of the public gazettes in
the Coweta circuit.
The following message was received from his Excellency
the Governor, by Mr. Harris,- his Secretary: and on motion
of Mr. Beall, taken up, read and referred.
I have the honor to lay before the General Assembly, the
copy of a letter from Mr. R. M. D. J. Elliott, who represents
the claim of the heirs of David McCullough, deceased, ,®
Beall,
Beasley,
Blackshear,
Bostwick,
Camp,
Camron,
Chastain,
Cone,
Creach,
Crosby,
Culbertson,
Diamond,
Dunagan,
Echols of Walton,
F ryer,
Glover,
Godard,
Griggs,
Hamilton,
Hammond,-
Harris of Taliaferro,
Heflin,
Jemeson*
Kennon,
Knight,
Lindsay,
Loveless*
Mays,
MeConnell,.
Minter,
Morris,
Rainey*
Reeves,
Robertson1,
67
which he complains of an oversight in what he conceives to
be an important matter, by the commissioners who investi¬
gated that claim and made their report to the last Legislature.
Agreeable to the request contained in that letter, I present
the case to your consideration, that if any error has been
committed by the commissioners, it may be corrected.
I received, a short time since, a letter from the Reverend
James L. Daniel, formerly of Georgia, but now of Alabama,
asking me to present to the Legislature, a claim for compen¬
sation for a wagon and team of mules, pressed into the ser¬
vice by Captain Home, during the Creek war, and which
were never recovered by Mr. Daniel. If the fact be as sta¬
ted, it presents a strong claim upon the justice of the State
of Georgia, for the value of the property lost.
I was informed in January last, by Mr. Early Varner, that
a murder had been committed by David Patton, on the body
of Miles Jennings, in Oglethorpe county, and that Patton
had absconded. This information was unaccompanied by
a description of Patton. Before I could obtain one, I was
informed that he had been arrested in the State of Missis¬
sippi. Mr. Solomon Jennings has been at considerable ex¬
pense in procuring the arrest and delivery of the said Pat¬
ton to the authorities of Oglethorpe county; and as no re¬
ward had been offered, I did not feel warranted in defray¬
ing any part of these expences ; but I promised Mr. Jen¬
nings, that I would place the matter before you, and that I
did not doubt that what was just, would be done.
Mr. Jennings, in a letter to me, states that his expenses in
Mississippi, including the employment of counsel, amounted
to one hundred and eighty-three dollars; and that he paid
the agent employed to bring him to Georgia, one hundred
and fifty dollars, with a promise that he should have in ad¬
dition such reward as should be offered by the State, for his
apprehension.
These facts are all submitted to your consideration, upon
which you will decide whether you will establish the prece¬
dent of paying such claims. The usual reward offered in
such cases, is one hundred and fifty dollars; and had the
reward been offered before the arrest, nothing more could
have been demanded. But no reward having been offered,
it remains for you to say whether you will appropriate the
usual amount, or more, to defray these expenses.
[Signed] CHARLES J. McDONALD.
On motion of Mr. Jones, the order was suspended, and
the Senate went into Committee of the Whole, on the bill to
pardon James Hunter : Mr. Calhoun in the Chair.
The President resumed the Chair; the bill was reported
without amendment.
68
The Senate took np and agreed to the report; the bill was
read the third time, and on the question, shall this bill pass?
the yeas and nays were required to be recorded, and are
yeas 30, nays 45.
Those who voted in the affirmative, are Messrs.
Neal,
Reid,
Smith of Bryan,
Adams,
Beall,
Blackshear,
Bryan of Stewart,
Calhoun,
Creach,
Dawson,
Glover,
Godard,
Graves,
Griggs,
Janes,
Jones,
Kennon,
Knight,
Lindsay,
McAfee,
Miller,
Moore,
Morris,
Smith of Twiggs,
Thomas,
Tomlinson,
Waldhour,
Williams,
Williamson,
Wright.
Those who voted
. in the negative,
are Messrs.
Beasley,
F ryer,
Rainey,
Bishop,
Goode,
Reeves,
Boggess,
Bryan of Macon,
Gordon,
Robertson,
Guess,
Speight,
Bulloch, ,
Hamilton,
Spencer,
Camp,
Hammond,
S tapleton j
Camron,
Harris of Taliaferro,Strickland
Chastain,
Heflin,
nail,
Christian,
Henley,
Strickland
Cone,
Jemeson,
Swain,
Cox,
Kimzey,
Vincent,
Crosby,
Loveless,
Walker,
Culbertson,
Mays,
Watters,
Diamond,
McConnell,
Wiggins,
Dunagan,
Minter,
Young.
Echols of Coweta,
So the bill was lost.
Mr. Reid called up the resolution as relates to the adjourn¬
ment and meeting of Senate; which was read, amended,
and agreed to.
Mr. Heffin reported a bill to alter and amend a part of
the first section of the third article of the Constitution of this
State; which was read the first time.
Mr. Hamilton reported a bill to compel the commissioners
of the Western and Atlantic Rail Road to pay certain costs,
and for other purposes therein named; which was read the
first time.
Mr. Cone, from the Committee on Enrolment, reported as
duly enrolled and signed by the Speaker of the House of
Representatives, an act to legalize the adiournment of the
69
Superior Court for the county of Thomas; and to change the
time of holding the Superior Court for the county of Bulloch.
Mr. Calhoun laid the following resolution on the table,
which was taken up, read and agreed to.
Resolved, That his Excellency the Governor, be respect¬
fully requested to have prepared and communicated to this
Branch of the General Assembly, a tabular statement of the
votes given in each county of this State, for and against bi¬
ennial sessions; and the total number of votes given in each
county on the first Monday in October last.
On motion of Mr. Echols, of Walton, three hundred cop¬
ies of the resolutions from Virginia, was ordered to be printed.
Mr. Moore reported a bill to repeal the act passed 23d
December, 1839, to authorise all free white persons, citizens
of this State, of one year's residence or longer, to peddle,
&c.; which was read the first time.
Mr. Smead reported a bill to alter and amend the third
section of the fourth article of the Constitution of this State ;
which was read the first time.
Mr. Bishop laid on the table the following resolution, which
was taken up, read, amended and agreed to.
Resolved by the Senate and House of Representatives, That his
Excellency the Governor, be and he is hereby authorised
and requested to pay out of the contingent fund, all the ex¬
penses attending the interment of the Hon. James Thomp¬
son, a Senator from the county of Walker.
And be it farther resolved, That in testimony of the respect
due to the memory of our associate, his Excellency the Gov¬
ernor, be and he is hereby authorised and requested to have
the grave enclosed with a monumental tomb; and that he
pay for the same out of the contingent fund.
On motion of Mr. Christian,
The order was suspended, and the Senate went into Com¬
mittee of the Whole, on the bill to organize and lay out a
new county, from the counties of Lumpkin, Gilmer, Chero¬
kee, and Forsyth: Mr. Gordon in the Chair.
The President resumed the Chair; the bill was reported
with amendments.
The Senate took up and agreed to the report; the bill was
read the third time, when Mr. Fryer moved to lay the report
on the table for the balance of the session.
; On which motion, the yeas and nays were required to be
< recorded, and are yeas 72, nays 7.
' Those who voted in the affirmative, are Messrs.
: Adams, Bostwick, Calhoun,
' Beall, Bryan of Macon, Camp,_
' Beasley, Bryan of Stewart, Chastain,
Boggess, Bulloch, Cone,
70
Cox, Harris of Taliaferro,Reid,
Creach, Heflin, Robertson,
Crosby, Henley, Smead,
Culbertson, Hopkins, Smith of Bryan,
Dawson, Jemeson, Smith of Twiggs,
Diamond, Janes, Speight,
Dunagan, Kennon, Spencer,
Echols of Coweta, Knight, Stapleton,
Echols of Walton, Lindsay, Strickland of Tatt-
Floyd, Loveless, nail,
F ryer, Mays, Swain,
Glover, McAfee, Thomas,
Godard, McDonald, Tomhnson,
Gonder, Miller, Vincent,
Goode, Minter, Waldhour,
Gordon, Moore, W atters,
Graham, Morris, Williams,
Graves, Neal, Williamson,
Griggs, Rainey, Wiggins,
Guess, Reeves, Young.
Hammond,
Those who voted in the negative, are Messrs.
Blackshear, Hamilton, McConnell,
Camron, Kimzey, Strickland of Ware.
Christian,
So the motion prevailed.
The Senate adjourned to 9 o'clock, to-morrow morning.
THURSDAY MORNING, November 19, 1840.
The Senate met pursuant to adjournment.
On motion of Mr. Beall,
The Senate reconsidered so much of the Journal of yes¬
terday, as relates to the rejection of the bill to pardon James
Hunter.
Leave of absence was granted to the Senator from the
county of Upson, for a few days.
On motion of Mr. Jones,
The Senate took up the reconsidered bill to pardon James
Hunter, which was read the third time ; and on the ques¬
tion, shall this bill pass ? the yeas and nays were required
to be recorded, and arcyuus 44,- nay s 2T;
71
Blackshear, Hopkins,
Bryan ©f Stewart, Janes,
Bullock,
Those who voted in the affirmative, are Messrs.
Adams, Hammond, Neil,
Beall, Harris of Tal'ferro, Reid,
Smith of Bryan,
Smith of Twiggs,
Spencer,
Strickland of Ware,
Thomas,
Tomlinson,
Waldhour,
Walker,
Williams,
Williamson,
Wiggins,
Creach,
Dawson,
Floyd,
Fryer,
Clover,
Godard,
Gonder,
Gordon,
Graham,
Griggs,
Jones,
Kennon,
Knight,
Lindsay,
Mays,
McAfee,
McConnell,
McDonald,
Miller,
Moore,
Morris,
Those who voted in the negative,
are Messrs.
Beasley,
Diamond,
Reeves,
Bishop,
Dunagan,
Robertson,
Boggess,
Guess,
Speight,
Bryan of Macon,
Hamilton,
■Strickland, of Tatt¬
Gamp,
Hefiin,
nall,
Camron,
Jemeson,
Swain,
Chastain,
Loveless,
Vincent,
Christian,
Minter,
Warthen,
Cox,
Rainey,
Voung.
Culbertson,
So the bill passed.
Mr. Beall reported a bill to regulate and appropriate the
•common school fund, so far as respects the county of Wil¬
kinson ; which was read the first time.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary:
Mr. President:—His Excellency the Governor, has as¬
sented to, and signed, an act to legalize the adjournment of
the Superior Court for the county of Thomas, and to change
the time of holding the Superior Courts in the -county of
Bulloch,
Which, I am directed to return to this branch of the Gen¬
eral Assembly, in which it originatedL
I am further directed by his Excellency the Governor, t®
lay a communication with accompanying documents, before
this branch of the General Assembly.
Mr. Miller reported a bill to provide for taking the evi¬
dence of parties to suits at law, to be used on the trial of
their cases ; which was read the first time.
72.
Mr. Rainey reported a bill to alter and change the fine-
between the counties of Walker and Dade; which was read
the first time.
Also—a bill to alter and change the name of Salem, the
county site of Dade county, to that of Trenton ; which was
read the first time.
Mr. Boggess reported a bill to prevent Attorneys at Law
from giving evidence in. suits at Taw, in. any case where they
are employed' either as plaintiffs or defendant's Attorney
which was read the first time-
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary i
Executive Department, )
Milledgeville, November 18th, 1840. 5
I have the honor to transmit to the General Assembly, the
copy of an affidavit made by citizens of the county of Sum¬
mer, proving that a most flagrant outrage upon the elective
franchise has been committed by a mob, by which it was
doubtless intended, that a portion of the free people of this
State in the choice of their rulers should be defeated.
The necessity of additional Legislation to secure the free¬
dom and purity of elections, is daily made manifest, by the
violence and fraud that are committed. I hope you will not
permit this session to pass, without giving to this subject that
consideration to which its great importance entitles' it.
(Signed,) CHARLES J. McDONALD-
On motion of Mr. Beall,
The message from his Excellency the Governor, was
taken up, and referred to the Committee on Petitions.
Mr. Dunagan presented a petition from sundry citizens of
Murray and Gilmer counties, praying art appropriation to
aid in cutting out a road across the Cohutta Mountain, and
to grant the privilege to some individual to erect a Turnpike
on the same ; which was referred to a select committee,
consisting of Messrs. Bishop, Chastain, and McAfee, with¬
out being read.
^ The Senate took up the report of the committee, on the
bill to alter and amend so much of the 'Judiciary of this-
State, as relates to the binding of defandants- property,
traded after the rendition of judgment; which was read, and.
amended: And,
On motion of Mr. Gordon,
Laid on the table for the balance of the session.
The Senate took up the engrossed bill to authorise tlie
Justices of the Inferior Court, so far as respects the county
of Wilkinson, to levy an extra tax for county purposes
which was read the third time, and passed.
73
Also—the engrossed bill to add certain fractions therein
named, to Paulding County; which was read the third time,,
and passed.
The Senate went into committee of the whole, on the bill
to alter and amend a part of the second section of the fourth
article of the Constitution of the State of Georgia,, so as to
require all elections by the General Assembly, to be made
viva voce ; Mr. Miller in the chair; the President resumed
the chair, the bill was reported without amendment- The
Senate took up, 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 43, nays 36.
Those who voted in the affirmative, are Messrs.
Beasley, Goode,
Blackshear, Graves,
Boggess, Griggs,
Bryan of Stewart, Guess,
Speight,
Stapleton,
Strickland of Tatt¬
nall,
Bulloch,
Camp,
Chastain,
Cone,
Cox,
Creach,
Dawson,
Dunagan,
Floyd,
Glover,
Gonder,
Harris of Tal'ferro, Strickland of Ware,
Janes,
Jones,
Kennon,
Knight,
Lindsay,
Miller,
Minter,
Moore,
Smead,
Smith of Bryan,
Thomas,
Vincent,.
W aldhour,
War then,
W atters,
Williams,
Williamson,
Wiggins,
Wright,
Those who voted the negative, are Messrs.
Adams,
Beall,
Bishop,
Bostwick,
Bryan of Macon,
Camron,
Christian,
Crosby,
Culbertson,
Diamond,
Echols of Walton,
Godard,
Graham,
Hamilton,
Hammond,
Heflin,
Henley,
Hopkins,
Jemeson,
Kimzey,
Loveless,
Mays,
McAfee,
McConnell,
The bill was lost, there not being a constitutional majority
in the affirmative.
McDonald,
Morris,
Neil,
Rainey,
Reeves,
Reid,
Robertson,
Smith of Twiggs,
Swain,
Tomlinson,
Walker,
Young.
The Senate went into committee of the whole, on the bill
to regulate elections in the county of Sumter, and to repeal
all laws authorising nr ereatinsr election precincts in said
74
county; Mr. McAfee in the chair; the President resumed
the chair ; the bill was reported with an amendment. The
Senate took up, and agreed to the report, 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 62, nays 16.
Those who voted in the affirmative, are Messrs.
Godard, Reid,
Gonder, Smead,
Goode, . Smith of Bryan,
Gordon,
Graham,
Griggs,
Guess,
Hamilton,
Hammond,
Adams,
Beasley,
Blackshear,
Boggess,
Bostwick,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Camp,
Camron,
Christian,
Cone,
Cox,
Creach,
Crosby,
Culbertson,
Dawson,
Diamond,
Dunagan,
Echols of Walton,
Floyd,
Smith of Twiggs,
Speight,
Spencer,
Stapleton,
Strickland of Tatt¬
nall,
Harris of Tal'ferro, Strickland of Ware,
Jemeson,
Janes,
Jones,
Kennon,
Knight,
Lindsay,
Miller,
Minter,
Moore,
Neal,
Reeves,
Swain,
Thomas,
Tomlinson,
Vincent,
Waldhour,
W arthen,
Williams,
Williamson,
Wiggins,
Wright,
Young.
Those who voted in the negative, are Messrs.
Beall, Hopkins,
Bishop, Kimzey,
Chastain, Loveless,
Graves, Mays,
Heflin, McAfee,
Henley,
So the bill passed.
McConnell,
McDonald,
Morris,
Rainey,
Walker.
The Senate went into committee of the whole, on the bill
to authorise the Treasurer of the common school fund of the
county of Montgomery, to loan out said fund, and collect
all or any part of the same, on certain conditions ; Mr. Sta¬
pleton in the chair; the President resumed the chair; the
bill was reported with amendments, when,
On motion of Mr. Creach,
The bill was ordered to lay on the table for the present.
The Senate went into committee of the whole, on the bill
to consolidate the offices of receiver of tax returns and tax
collector of this State, so fj^c^respects the ceunty^of Mont-
75
gomery; Mr. Beasley in the chair; the President resumed
the chair; the bill was reported with amendments, and pro¬
gress and leave to sit again ; which was agreed to.
The Senate went into committee of the whole, on the bill
to incorporate the Upson Riflemen, and to give to the mem¬
bers thereof, certain privileges ; Mr. Spencer in the chair ;
the President resumed the chair, the bill was reported with¬
out amendment. The Senate took up, and agreed to the
report.
The bill was read the third time, and passed.
The Senate went into committee of the whole, on the bill
to alter and change the names of certain persons therein
named, and to legitimatize the same ; Mr. Knight in the
chair; the President resumed the chair; the bill was reported
with an amendment. The Senate took up, and agreed to
the report as amended.
The bill was read the third time, and passed.
The Senate went into committee of the whole, on the bill
for the relief of Felix Arthur, of the county of Cass, from
further liability as security for John Ward and John Coun¬
tryman ; Mr. Dunagan in the chair; the President resumed
the chair, the committee reported progress, and asked leave
to sit again ; which was agreed to.
The Senate went into committee of the whole, on the bill
to amend an act incorporating the Georgia Rail Road and
Banking Company ; Mr. Christian in the chair ; the Presi¬
dent resumed the chair; the bill was reported without amend¬
ment. The Senate took up the report—Mr. Dunagan moved
to strike out the first section of the bill—when Mr. Moore
moved an amendment to the first section ; which was lost.
When, on motion,
The Senate adjourned to 9 o'clock, to-morrow morning.
FRIDAY MORNING, November 20, 1840.
The Senate met pursuant to adjournment.
On motion of Mr. Chastain, to reconsider so much of the
Journal of yesterday, as relates to laying on the table for the
balance of the session, the bill to alter and amend so much
of the Judiciary of this State, as relates to the binding of
defendents property, traded after the rendition of judgment.
On which motion, the yeas and nays were required to be
recorded, and are yeas 14, nays 56.
76
Those who'voted in the affirmative, are Messrs.
Boggess, Jones, Speight,
Bulloch, Loveless, Stapleton,
Camp, McAfee, Swain,
Chastain, McConnell, Watters.
Jemeson, Rainey,
Those who voted in the, negative are Messrs.
Adams,
Beall,
Beasley,
Bishop,
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Camron,
Christian,
Cone,
Cox,
Creach,
Crosby,
Dawson,
Diamond,
Dunagan,
Echols of Coweta,
Echols of Walton,
Floyd,
Fryer,
Glover,
Godard,
Gonder,
Gordon,
Graham,
Graves,
Griggs,
Guess,
Hamilton,
Hammond,
Miller,
Minter,
Moore,
Morris,
Neal,
Reeves,
Reid,
Smead,
Smith of Bryan,
Spencer,
Strickland of Tatt-
Harris of T aliaferr o, nail,
Heflin, Strickland of Ware,
J anes, W aldhour,
Kennon, Walker,
Knight, Warthen,
Lindsay, Williams,
Mays, Williamson,
McDonald, Young.
So the Senate refused to reconsider.
The Senate then proceeded to the unfinished business of
yesterday, to wit, the bill to amend the act incorporating
the Georgia Rail Road and Banking Company.
Mr. Miller moved to amend the first section of the bill,
with the following proviso: Provided, That not more than
one-third of the stock of said company shall be held by for¬
eigners.
On which motion, the yeas and nays were required to be
recorded, and are yeas 38, nays 30.
Those who voted in the affirmative, are Messrs.
Cox, Harris of Taliaferro,
Creach, Janes,
Dawson, Jones,
Floyd, Kennon,
Fryer, Knight,
Godard, McDonald,
Gonder, Miller,
Gordon, Minter,
Griggs, Moore,
Hammpni NeaL
Beall,
Beasley,
Bishop,
Blackshear,
Boggess,
Bryan of Macon,
Bryan of Stewart,
'Bulloch,
Camp,
Christian,
77
Reid, Strickland of Tatt- Watters,
Smead, nail, Williams,
Smith of Bryan, Strickland of Ware, Williamson.
Those who voted in the negative, are Messrs.
Adams, Graham* McConnell,
Camron, Graves, Morris,
Chastain, Guess, Rainey,
Cone, Hamilton, Reeves,
Crosby, Heflin, Robertson,
Diamond, Jemeson, Speight,
Dunagan, Lindsay, Stapleton,
Echols of Coweta, Loveless, Swain,
Echols of Walton, Mays, Walker,
Glover, McAfee, Young.
So the amendment was agreed to.
The motion then occurred, on Mr. Dunagan's motion, to
strike out the first section of the bill as amended; which is
in the following words:
Be it enacted by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, and it is hereby en¬
acted by the authority of the same, That the seventeenth section
of the said act, prohibiting of stock in said company by for¬
eigners, be and the same is hereby repealed.
On the question to strike out said section, the yeas and
nays were required to be recorded, and are yeas 31, nays 42.
Those who voted in the affirmative, are Messrs.
Adams, Guess,
Camp, Hamilton,
Camron, Heflin,
Chastain, Jemeson,
Cone, Loveless,
Dunagan, Mays,
Echols of Coweta, McAfee,
Echols of Walton, McConnell,
Glover, McDonald,
Graham, Morris,
Graves,
Those who voted in the negative, are Messrs.
Bulloch, Floyd,
Christian, Fryer,
Cox, Godard,
C reach, Gonder,
Crosby, Gordon,
Dawson, Griggs,
Diamond, Hammond,
Rainey,
Reeves,
Robertson,
Smith of Twiggs,
Speight,
Stapleton,
Swain,
Walker,
Watters,
Young.
Beall,
Beasley,
Bishop,
Blackshear,
Boggess,
Bryan of Macon,
Bryan of Stewart,
78
Harris of Taliaferro,Minter,
Janes, Moore,
Jones, Neal,
Kennon, Reid,
Knight, Smead,
Lindsay, Smith of Bryan,
Miller, Spencer,
So the section was not stricken out.
Strickland of Tatt¬
nall,
Strickland of Ware,
Vincent,
Warthen,
Williams,
Williamson.
Mr. Echols, of Walton, moved to strike out the second
section of the bill, when Mr. Thomas offered the following
proviso: Provided, That such rates shall not exceed the
maximum price fixed by the charter of said company.
On the question to adopt the amendment, the yeas and
nays were required to be recorded, and are yeas 72, nays 5.
Those who voted in the affirmative, are Messrs.
Adams,
Beall,
Beasley,
Bishop,
Blackshear,
Boggess,
Bryan of Macon,
Bryan of Stewart,
Calhoun,
Camp,
Camron,
Chastain,
Christian,
Cone,
Creach,
Crosby,
Culbertson,
Dawson,
Diamond,
Dunagan,
Echols of Coweta,
Echols of Walton,
F ryer,
Glover,
Godard,
Gonder,
Graham,
Graves,
Griggs,
Guess,
Hamilton,
Hammond,
Neal,
Rainey,
Reeves,
Reid,
Robertson,
Smead,
Smith of Bryan,
Harris of Taliaferro,Smith of Twiggs
Heflin,
Henley,
Jemeson,
Janes,
Jones,
Kennon,
Knight,
Lindsay,
Loveless,
Mays,
McAfee,
McConnell,
McDonald,
Minter,
Moore,
Morris,
Speight,
Stapleton,
Strickland of Tatt¬
nall,
Strickland of Ware,
Swain,
Thomas,
Vincent,
Waldhour,
Walker,
Warthen,
Watters,
Williams,
Williamson,
Wright,
Young.
Those who voted in the negative, are Messrs.
Cox, Gordon, Spencer.
Floyd, Miller,
The question then occurred, on the motion of Mr. Echols,
of Walton, to strike out the second section of the bill, which
is as follows, to wit s
79
And be it further enacted by the authority aforesaid, That the
gaid company be, and the same is hereby, authorized to
alter and fix at pleasure, the rates of charge for the trans¬
portation of freight and passengers: Provided, That such
rates shall not exceed the maximum price fixed by the char¬
ter of said company.
On which motion, the yeas and nays were required to be
recorded, and are yeas 41, nays 38.
Those who voted in the affirmative, are Messrs.
Adams, Gonder, Rainey,
Beall, Graham, Reeves,
Blackshear, Graves, Reid,
Bryan of Stewart, Guess, Robertson,
Camp, Hamilton, Smith of Twiggs,
Camron, Heflin, Speight,
Chastain, Henley, Stapleton,
Cone, Jemeson, Swain,
Crosby, Lindsay, Walker,
Culbertson, Loveless, Wartheo,
Diamond, Mays, Waters,
Dunagan, McAfee, Wright,
Echols of Coweta, McConnell, Young.
Echols of Walton, Morris,
Those who voted in the negative, are Messrs.
Beasley, Godard, Neal,
Bishop, Gordon, Smead,
Boggess, Griggs, Smith of Bryan,
Bryan of Macon, Hammond, Spencer,
Bulloch, Harris of Taliaferro, Strickland of Tatt-
Calhoun, Janes, nail,
Christian, Jones, Strickland of Ware,
Cox, ' Kennon, Thomas,
Creach, Knight, Tomlinson,
Dawson, McDonald, Vincent,
Floyd, Miller, Waldhour,
Fryer, Minter, Williams,
Glover, Moore, Williamson.
So the section was stricken out.
Mr. Jones offered the following proviso to the third section
of the bill: Provided, The rights of third parties shall not be
effected thereby.
Which was agreed to.
On the question to agree to the third section, as amended,
the yeas and nays were required to be recorded, and are
yeas §2, nays 26.
80
Those who voted in the affirmative, are Messrs.
Adams, Glover, Morris,
Beall, Gordon, Rainey,
Bishop, Graham, Reeves,
Blackshear, Graves, Robertson,
Boggess, Guess, Smead,
Bryan of Macon, Hamilton, Smith of Twiggs,
Bryan of Stewart, Hammond, Speight,
Bulloch, Harris of Taliaferro,Strickland of Tatt-
Camp, Heflin, nail,
Camron, Henley, Strickland of Ware,
Chastain, Jemeson, Swain,
Gone, Knight, Thomas,
Creach, Lindsay, Walker,
Culbertson, Loveless, Warthen,
Diamond, Mays, Watters,
Dunagan, McAfee, Wright,
Echols of Coweta, McConnell, Young,
Echols of Walton, McDonald,
Those who voted in the negative, are Messrs.
Beasley, Griggs, Smith of Bryan,
Galhoun, Janes, Spencer,
Christian, Jones, Stapleton,
Gox, Kennon, Tomlinson,
Dawson, Miller, Vincent,
Eloyd, Minter, Waldhour,
Fryer, Moore, Williams,
Godard, Veal, Williamson.
Gonder., Reid, '
So the Section was agreed to.
On the question, shall this bill now pass? the yeas and
nays were required to be recorded, and are yeas 41, nays 38.
Those who voted in the affirmative, are Messrs.
Beall, Fryer, Reid,
Beasley, Godard, Smead,
Bishop, Gonder, Smith of Bryan,
Blackshear, Gordon, Smith of Twiggs,
Boggess, Harris of Taliaferro, Spencer,
Bryan of Macon, Janes, Strickland of Ware,
Bryan of Stewart, Jones, Thomas,
Bulloch, Kennon, Tomlinson,
Calhoun, Knight, Vincent,
Christian, McDonald, Waldhour,
Cox, Miller, Warthen,
Creach, Minter, • Williams,
Dawson, Moore, Wright.
Floyd, Neah
81
Those who voted in the negative, are Messrs.
Adams,
Graves,
Morris,
Camp,
Griggs,
Rainey,
Camron,
Guess,
Reeves,
Chastain,
Hamilton,
Robertson,
Cone,
Hammond,
Speight,
Crosby,
Heflin,
Stapleton,
Culbertson,
Henley,
Strickland of Tatt¬
Diamond,
Jemeson,
nall,
Dunagan,
Lindsay,
Swain,
Echols of Coweta,
Loveless,
W alker,
Echols of Walton,
Mays,
McAfee,
Watters,
Glover,
Williamson,
Graham,
McConnell,
Young.
So the bill passed under the title thereof.
The Senate took up the report of the committee on the
bill to authorize the Treasurer of the common school fund
of the county of Montgomery, to loan out said fund, and
collect all, or any part of the same, on certain conditions;
the report was amended and agreed to, and the bill read the
the third time and passed under the title thereof.
The Senate took up the engrossed bill, to alter the third,
seventh, and twelfth sections of the first and second articles
of the third section and third article, and the fifteenth section
and fourth article of the Constitution of the State; which,
On motion of Mr. Echols, of Walton, was laid on the table
for the present.
The following message was received from his Excellency
the Governor, by Mr. Horne, his Secretary—which, on mo¬
tion of Mr. Echols of Walton, was taken up and read.
I have the honor to lay before the General Assembly, in
compliance with the law, a consolidated return of the num¬
ber of persons voting for Electors of President and Vice
President, the names of the persons voted for, and the num¬
ber of votes received by each.
No return of the election in the county of Appling has
been received. The statutes regulating this election require
that the returns shall clearly exhibit the number of persons
voting for Electors, and the number of votes given in. With
the last requisition, not a county has complied; and with the
first, none has complied further than to send the usual list
of voters. And in counties where election precincts have
been established by law, the number of persons voting, has
not been consolidated. The county of Emanuel made no
return of the number of voters ; and in the counties of Ba¬
ker, Habersham, and Washington, the list of voters at some
of the precincts, have not been returned.
The managers of the election at the Pond Town precinct,
in the county of Sumter, after the lawless destruction of the
82
returns sent to the Court House for consolidation, made a
return to this Department, which has been appended to the
general return.
charles J. Mcdonald.
The Senate took up the report'of the Committee of the
Whole, on the bill to consolidate the offices of receiver of tax
returns and tax collector of this State, so far as respects the
county of Montgomery: Mr. Williamson in the Chair.
The President resumed the Chair; the bill was reported
with an amendment.
The Senate took up and agreed to the report as amended;
the bill was read the third time and passed.
The Senate took up the recommitted bill for the relief of
Felix Arthur, of Cass county.
Mr. McConnell offered a substitute to the bill, which was
read and agreed to; the bill was then read the third time and
passed under the title thereof.
The Senate then went into Committee of the Whole, on
the bill to alter and amend an act, entitled an act, passed
30th December, 1836, to appropriate a sum of money to
improve the navigation of the Big Satilla River: Mr. Bryan,
of Stewart, in the Chair.
The bill was reported with amendments ; the Senate took
up and agreed to the report as amended; the bill was then
read the third time and passed.
The Senate went into Committee of the Whole, on the
bill to repeal the second section of an act, passed in Decem¬
ber, 1830, making an appropriation for the benefit of the
University of Georgia: Mr. McAfee in the Chair.
The President resumed the Chair; the bill was reported
without an amendment.
Mr. Spencer moved to refer the bill to a select committee.
On which motion the ayes and nays were required to be
recorded, and are yeas 38, nays 37.
Those who voted in the affirmative, are Messrs.
Beasley, Gordon, Reid,
Blackshear, Graves, Smead,
Bryan of Macon, Griggs, Smith of Bryan,
Bulloch, Harris of Taliaferro,Spencer,
Calhoun, Janes, Stapleton,
Christian, Jones, Strickland of Ware,
Cox, Kennon, Thomas,
Creach, Knight, Vincent,
Dawson, Lindsay, Waldhour,
Floyd, Miller, Warthen,
Glover, Minter, Williams,
Godard, Moore, Williamson.
Gonder, Neal.
83
Those who voted in the negative, are Messrs.
Adams,
Echols of Coweta, McAfee,
Beall,
Echols of Walton,
McConnell,
Bishop,
Fryer,
McDonald,
Boggess,
Graham,
Morris,
Bostwick,
Guess,
Rainey,
Camp,
Hamilton,
Reeves,
Camron,
Hammond,
Robertson,
Chastain,
Heflin,
Smith of Twiggs,
Cone,
Henley,
Speight,
Crosby,
Jemeson,
Swain,
Culbertson,
Loveless,
Watters,
Diamond,
Mays,
Young.
Dunagan,
The motion prevailed, and the President of the Senate
appointed that committee, .to consist of Messrs. Spencer,
"Graves and Vincent.
{ On motion of Mr. Miller, the order was suspended, and
^the following resolution laid on the table, which was taken
■up, read and agreed to.
Resolved, That the Directors of the Central Bank be di-
, rected to communicate, as early as practicable, to the Senate,
'the number of shares of stock held by the State in the sever¬
al banks which have been sold by them since the last ses¬
sion of the General Assembly, the names of the purchasers,
^ the price obtained, the times of each sale, and the kind of
funds received in payment for said stock.
Also—Mr. Dunagan laid on the table the following pre¬
amble and resolution; which was agreed to.
Whereas, the repealing of the twenty-first section of the
iiact assented to the 26thof December, 1837, by the amenda¬
tory act, assented to the 29th of December, 1839, to estab¬
lish a system of Education, by common schools, makes it
doubtful whether or not any means are provided to pay the
teachers of the poor children, for • the year 1838, whereby
manifest injustice is done to them. Therefore,
Be it resolved, That the subject matter, as stated above,
^.be referred to the committee on the Judiciary.
The Senate went into Committee of the Whole, on the
bill to exempt James Hall, sen., of Irwin county, from the
[tseveral provisions of the acts of the General Assembly, con¬
cerning pedlers, and to authorize him to engage in that bu¬
siness without license: Mr. Gordon in the Chair.
The President resumed the Chair; the bill was reported
without [amendment.
The Senate took up and agreed to the report, and on the
question, shall this bill now pass? the yeas and nays were
required to be recorded, and are yeas 42, nays 31.
S4
Those who voted in the affirmative, are Messrs,.
Adams, Echols of Coweta, McConnell,.
Beall, Echols of Walton, McDonald,
Bishop, Glover, Rainey,
Boggess, Godard, Reeves,
Bulloch, Graham, Robertson,
Calhoun, Guess, Smead,
Camp, Hamilton, Smith of Twiggs,
Camron, Hammond, Spencer,
Christian, Harris of Taliaferro,Stapleton,
Cone, Jemeson, Strickland of Tattn'i
Crosby, Kennon, Strickland of Ware,
Culbertsonv Knight, Swain,
Dawson, Lindsay, Williams,
Dunagan, Loveless, Young.
Those who voted in the negative, are Messrs-.
Beasley, Gordon, Moore,
Blackshear, Graves, > Morris,
Bostwick, Griggs, Neal,
Bryan of Macon, Heflin, Reid,
Bryan of Stewart, Henley, Thomas,
Chastain, Janes, Vincent,
Cox, Mays, Waldhour,
Creach, McAfee, Warthen,
Diamond, Miller, Watters,
Floyd, Minter, Williamson.
Gonder,
So the bill passed under the title thereof.
On motion,
The Sentate adjourned until 9 o'clock, to-morrow morninj.
SATURDAY MORNING, November 21, 1840.
The Senate met pursuant to adjournment.
Mr. Echols, of Coweta, moved to reconsider so much ot
the Journal of yesterday, as relates to the passage of the
bill to amend the act incorporating the Georgia Rail Roai
and Banking Company.
On which motion, the yeas and nays were required to h
recorded, and are yeas 34, nays 44.
Those who voted in the affirmative are Messrs.
Adams, Camron, Cone,
Camp, Chastain, Crosby,
85
Culbertson,
Diamond,
Dunagan,
Echols of Coweta,
Echols of Walton,
Graham,
Graves,
: Guess,
Hamilton,
Heflin,
Those who voted in the negative, are Messrs.
Hopkins,
Rainey,
Jemeson,
Reeves,
Kimzey,
Robertson,
Lindsay,
Speight,
Loveless,
Staple ton,
Mays,
Swain,
McAfee,
Walker,
McConnell,
Watters,
Morris,
Young.
1 Beall,
Beasley,
Bishop,
Blackshear,
Boggess,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Calhoun,
Christian,
Cox,
C reach,
> Dawson,
Floyd,
Fryer,
Glover,
Godard,
Gonder,
Gordon,
Griggs,
Hammond,
Neal,
Reid,
Smead,
Smith of Bryan,
Smith of Twiggs,
Spencer,
Harris of Taliaferro, Strickland of Tatt¬
nall,
Strickland of Ware,
Thomas,
Vincent,
Waldhour,
Warthen,
Williams,
Wright.
Janes,
Jones,
Kennon,
Knight,
McDonald,
Miller,
Minter,
Moore,
So the,Senate refused to reconsider.
Mr. Cone moved to reconsider so much of the Journal of
yesterday, as relates to the referring to a select committee,
the bill to repeal the second section of an act, passed in De¬
cember, 1830, making an appropriation for the benefit of the
University of Georgia.
On which motion, the yeas and nays were required to be
recorded, and are yeas 41, nays 32.
Those who voted in the affirmative., are Messrs.
Adams,
Boggess,
Bryan of Stewart,
Camp,
Camron,
Christian,
Cone,
Crosby,
Culbertson,
Diamond,
Dunagan,
Echols of Coweta,
Echols of Walton,
Fryer,
Graham,
Guess,
Hamilton,
Hammond,
Heflin,
Hopkins,
Jemeson,
Kimzey,
Loveless,
Mays,
McAfee,
McConnell,
Morris,
Reeves,
Reid,
Robertson,
Smead,'
Smith of Bryan,
Smith of Twiggs,
Speight,
Spencer,
Strickland of Ware,
Swain,
Waldhour,
Walker,
Young-
86>
Those who voted in the negative, are Messrs'*
Beall, Godard, Minter,
Beasley, Gonder, Moore,
Bishop, Gordon, Stapleton,
Blackshear, Graves, Strickland of TatS-
Bryan of Macon, Griggs, _ .. ,na >
Calhoun, Harris of Taliaferro,Thomas,
Cox, Janes, Vincent,
Creacb, Kennon, Warthen,
Dawson, Knight, Williams,
Floyd, McDonald,- Williamson,-
Glover, Miller, Wright.
So the Senate agreed to reconsider.
Mr. Miller, Chairman of the Committee en Banks, laid on
the table the following report, to wit:
The Committee on Banks, to whom was referred the va¬
rious bills introduced into the Senate, for the purpose of com¬
pelling the banks of this State to resume specie payments,
have had the same under consideration, and report here¬
with, as a substitute for all of said bills, A Bill to be entitled
an act, to compel the several banks of this State to redeem
their respective liabilities in specie:: and to provide for the
forfeiture of the charter or charters of such as may refuse.
Also—Reported a bill, to compel the several banks of this
State to redeem their liabilities in specie; and to provide for
the forfeiture of the charter or charters of such as may re¬
fuse ; which was read the first time.
Mr. Gordon, Chairman of the Committee on Internal Im¬
provement, made the following report; which was read, and
two hundred copies ordered to be printed.
The Joint Standing Committee on Internal Improvement
respectfully report:
That from the report of the commissioners, the work on
the Western and Atlantic Rail Road during the past year
appears to have been successfully prosecuted; and the mode
of payment by State bonds, for grading-, is represented by
them to have secured the execution of the work on favorable
terms. The committee is well aware that the low price ot
labor, and of labor during the past year, ought very mud
to have lessened the cost of the work done in that time.-
And such would have been the case, if it had been possible
to have furnished the commissioners with money to pay cash
prices. But it is a proposition too plain to need argument
that when the money is not in hands to pay for an article,
an enhanced price for credit is inevitable. And yet, after
the commencement of the work by the State, and the expen¬
diture of more than a million of dollars in its prosecution
to have then abandonAnKsuspteaLledAtpbcTrause to continue
87
it a little more was to be paid for credit, would have been
suicidal of the best interests of the State.
When the work was commenced in 1836, it was believed
on the best authority (the experiments and practice of other
States,) that a sale of State bonds on favorable terms could
be effected. The revulsions in the moneyed world could
not have been, nor were anticipated. When this revulsion
occurred, we were already committed to the prosecution of
the work, and could not halt without loss of character, and
of what we had already expended.
Efforts were made to dispose of the bonds which were to
a great extent, unsuccessful. A resort was then had to the
bonds, as a means of payment for the work done; and so far
us this committee is informed, contracts have been made and
executed, some in part and some complete, and paid for by
these bonds at par value; and the cost of the work has not
: thereby been higher than were the cash prices of 1837
and 1838.
This committee has been informed that the item of $97,-
:424 62, in the annual report of the commissioners, consists
of Scrip, issued by the commissioners, of small denomina¬
tion, payable in bonds of the State, with interest, when pre¬
sented in sums of $250, the lowest denomination of bonds
-issued by the commissioners. That some of this scrip has
' been so presented, and has been liquidated in terms of the
"scrip, by State bonds; but that an amount of them, proba¬
bly not less than $80,000, is now in the hands of individuals,
Avho from their circumstances are unable to accumulate an
...amount sufficient to entitle them to demand a State bond,
find must sacrifice them to speculators, unless provision be
i:"nade to redeem them in some other mode. Under these
circumstances, this committee would recommend that such
scrip should be received at the Central Bank and at the
Treasury, in payment of notes to that bank and public dues;
and that the commissioners reimburse the amount which
shall so be received and redeemed by the Central Bank,
from the sale of the State bonds as hereinafter recommended.
From the report of the commissioners, they appear to have
j'io doubt that the road formation can and will be completed
ind paid for in bonds; leaving a considerable amount of
ffiose bonds on hand undisposed of; which, with such fur¬
ther appropriation as shall be made by the Legislature, will
ye applicable to the procurement of timber, iron rails, and
machinery.
f If there shall be left undisposed of, after the completion
if the road formation, bonds to the amount of $300,000
,and the commissioners say from three to five hundred thou¬
sand dollars will so remain,) then with the additional appro¬
priation of one million of dollars of bonds, a sufficient sum
Jpay be realized to_pav off the debts now due to the Geoigia
88
RailRoad and the Central Bank; redeem the certificates issued
by the commissioners, and also to procure and lay the tim¬
ber and iron, and to procure the necessary machinery.
It is assumed in this estimate that the pattern of iron
adopted, will be of good character, but not of the heaviest
description. But these bonds cannot be made available rn
a foreign market, when money alone is to be had for them.
As for the purchase of iron, unless there is offered to the cap¬
italist an inducement to invest, and the only inducement
which will suffice, will be first, a fair rate of interest, and
second, an appropriation of some specific and certain revenue
to meet the accruing interest, and ultimately to pay the prin¬
cipal of the bonds at maturity. Thoroughly convinced of
this fact, this committee adopted and addressed to the board
of commissioners the following resolution.
Resolved, That the chairman of this committee address the
Board of Commissioners of the Western and Atlantic Rail
Road, a request, that that Board will suggest to the Legisla¬
ture, through this committee, some project for raising the
ways and means in money, to purchase iron, and to com¬
plete that road; and received lor answer a letter from the
President which is hereto annexed, marked A.
On this answer, this committee have arrived at the con¬
clusion, that in the present demand for money, in the uncer¬
tain state of Europe as to a continuance of peace, with a
conviction that a general wrar in Europe will render more
difficult the borrowing of money, and the certainty of its
commanding a higher rate of interest than it has done for
the last twenty-five years, this committee would recommend
that the commissioners hereafter be authorised to issue bonds,
payable in not less than fifteen nor more than thirty years,
bearing an interest of not exceeding seven per cent, per an¬
num, payable annually at some convenient point in the State;
or if made payable in London, that then the}'" be at the rate
of six and a half per cent, per annum.
To meet the second exigency, viz: an appropriation ot
some certain and specific revenue for the payment of inter¬
est, and the principal ultimately, the committee would
commend a specific tax of one dollar per head, on each slave
in the State of Georgia, of or over the age of ten years
and not over sixty years of age; and a like tax of ten
dollars a head on every free person of color in this Slate,
between the ages of ten and sixty, to be levied annually, and
to be deposited as collected, in such place as tire Legislature
should determine ; there to remain, sacredly to be appropri¬
ated to the payment of such interest to be applied as a sink¬
ing fund in the purchase up of the State bonds at not exceed¬
ing par value.
It is believed that the revenue to be raised from this source,
would something exceed £200,000 in auiuinit, and as #
89
sum would be more than sufficient to defray the interest ac¬
cruing on the debt now1 incurred, the surplus would at once
be applied as a sinking fund in redemption of the bonds in
anticipation; and the process of redemption in anticipation,
would at once stamp these bonds with a value which would
cause them to be sought after.
It is believed by this committee, that the levy of this tax,
and the sacred appropriation of it to this purpose, would at
once inspire capitalists with confidence; and, as was realised
by the State of New York, in the appropriation of her salt
and auction taxes to a like purpose, the bonds of this State
would be considered as the best and safest investment that
a monied man could make. They would be readily taken;
the commissioners would immediately be in funds to pay the
debts now due to the Georgia Rail Road, Central Bank, and
the certificates now issued.
If this course should be adopted by the Legislature, and
result as is anticipated by the committee, power should be
given to the commissioners to contract for iron; as from the
quantity required, much time will be consumed after a con¬
tract, before the whole can be delivered; and, therefore, the
contract might with safety now be made, delivery to begin
early in the next summer. Justice to the house of Reed,
Irving & Co., of London, which holds in hypothecation near
two hundred of the State bonds of .£500 each, and the inter¬
est of the State, requires that these bonds be relieved from
that hypothecation as early as possible. And as they cannot
be sold whilst bearing an interest of only per cent.,
it is recommended by this committee that the commissioners
be authorised to retire those bonds when others, bearing the
rate of seven per cent., shall have been sold, and the pro¬
ceeds realized by them.
This committee has prepared a bill and resolution to ac¬
company this report, to be presented to the House of Rep¬
resentatives, where it must necessarily originate ; and most
earnestly recommend the passing of this, or some other of a
similar character.
Resolved, That the Treasurer of the State be, and he is here¬
by, authorised to receive in payment of all public dues, the
scrip heretofore issued by the commissioners of the Western
and Atlantic Rail Road, which are made payable in bonds
of the State, when presented in certain amounts; and that
the Central Bank in like manner, be authorised to receive
such scrip, in payment of dues to that Bank.
Be it further resolved, That the said commissioners shall,
from the sale of State bonds, in their hands, reimburse ana
pay to the said Treasurer and Bank, the amount which sha
have been paid as aforesaid.
90
L J
Sparta, November 14th, 1840.
Hon. W. W. Gordan:
Sir—A more satisfactory response could have been given
to the requirements of a resolution, adopted on the 12th inst.
by the Joint Standing Committee of Internal Improvements,
had more time been allowed to the commissioners of the
Western and Atlantic Rail Road; tome, at least, unaccus¬
tomed to consider and arrange financial schemes and sys¬
tems of taxation, the labor of digesting one that might be re¬
garded as the most eligible, must necessarily be difficult.—
But as the board is asked for suggestions, only, and those
speedily given, I beg leave to offer the following:
As recommended in the last annual report of the commis¬
sioners, I would still advise the use of the State credit, in
raising seasonably the funds necessary to complete the Wes¬
tern and Atlantic Rail Road. A light annual tax imposed
on such property as can most easily bear it, will supply the
means of paying the interest of a public debt, and a sinking
fund to extinguish every year a small part of the principal.
The use of $30,000, as a sinking fund, cannot fail to be vast¬
ly important, inasmuch as it would have the certain effect of
enabling the State to sell her bonds at a better price, and at
the same time would so gradually reimburse the principal,
that in less than thirty years not a cent would be owed by
the State ; and in the mean time the burden of the tax would
be felt by no one. But the presumption is justified by the
experience of New York and other States, that in less than
five years after the road gets into successful operation, the
tolls on merchandise, passage money, &c., will greatly ex¬
ceed the amount of interest and sinking fund, in the first in¬
stance raised by taxation ; and of course all taxes for this
object will be discontinued.
It has been seen by our last annual report, that something
over one million seven hundred thousand dollars have been
laid out on this work, and that a balance of between one
and two hundred thousand is yet due to banks, contractors,
and others. Without going into all enumerations of particr
ulars, I suppose that the State may incur an aggregate debt
of $3,000,000. And for the payment of interest on this sum
at the rate of six per cent., and providing a sinking fund for
the gradual reduction of the principal will call for an annual
appropriation of something over two hundred thousand dol¬
lars^ This amount will of course depend on the size of the
sinking fund; one hundred and eighty thousand being quite
sufficient for the payment of interest. Knowino- as I do,
the ample resources of Georgia, and that a tax can be so de¬
vised as to give just offence to no section of the State, I
would prefer to make the sinking fund $50,000 instead of
any less sum.
91
The next enquiry that presents itself, relates to the kind
of property that can with least inconvenience to the people,,
bear this tax. I give the following, classification, leaving the
estimate of proceeds from each, to abler hands.
1st, Cash in the hands of capitalists, used' in speculation
and interest, producing profits. This can bear fifty cents on
each hundred dollars so used.
2d, Bank stock. This might bear thirty or forty cents
on one hundred dollars.
3d, Articles of luxury; such as fine carriages, watches,
and other jewelry; one percent, on cost or value.
4th, Distilled spirits, foreign or domestic; five cents a
gallon.
5th, Foreign wines; ten cents a gallon.
6th, Stage coaches, hacks, and other vehicles for the con¬
veyance of persons for hire; a specific tax.
7th, Free negroes; ten dollars a head.
8th, Kiver and sea boats kept for public transportation.
9th, Land—sriver bottoms, highlands; first, second, and
third quality oak and hickory; and the same'for the same
qualities of pine land. It does not admit of doubt that the
rich, or first quality of land in this State, bearing the long
leaved pine, is equal to the best oak and hickory highland,
and can bear as high a tax.
10th, City and town property; i. e. houses and lots.
11th, Slaves between ten and fifty-five years of age, one
dollar a head. Below and above these ages the property is
not productive, and ought not to be burdened. It may be re¬
marked that though the tax here mentioned is more than
double that heretofore imposed, in South Carolina and other
slave holding States, it is much higher; in some, it is two-
dollars per head, perhaps more.
12th, Merchandise of all sorts, except spirits and wine.
Our old tax law operated only on the stocks of goods in
hand on the first day of January; and of course much of
the article escaped taxation, to wit, all that was bought and
sold after that day of the year.
I understand that an ad valorem system of taxation has
been reported to the Legislature because of its equitability;
but it is quite clear that this feature of the system will not be
realized in practice, without an impartial assessment of value.
If every proprietor is left to assess his own property (though
under oath), the work will be done unfaithfully by many,
and a boon offered for the betrayal of morality. It is there¬
fore, that specific taxes have always been preferred.
Our method of collecting taxes is essentially a vicious one.
Collectors are often greedy of popularity and return huge
insolvent lists for the sake of getting the votes of those who
are released. The high sheriff of the county is the proper
collector of taxes, because he is usually a man of more char-
92
acter, more independence, and more responsibility. Then
abolish the office of collector and transfer his duties to the
sheriff.
It is, in my opinion, inexpedient to lay a poll tax. Per¬
sons in this country, who have no property, cannot aid in
supporting government. In fact, the tax is seldom paid,
except by those who pay a property tax; and a well devis¬
ed property tax will produce abundant resources for this
Government.
There may be other proper subjects of taxation; such as
stocks of cattle, above a given number, say fifty; large sta¬
bles of horses kept for hire or sale. But the committee will
not need my further suggestions on this subject.
In the administration of the funds raised for Internal Im¬
provements, economical results might be produced by some
special legislative provisions. Were it made the duty of
some responsible functionary of the Government, to transfer
funds raised for this purpose, to some Banking institution of
the State, which would pay a fair interest on the .sums de¬
posited, and promptly meet the drafts and checks of the
commissioners, that might be from time to time drawn, to
pay interest and other demands, the consequent advantages
to the public service cannot be doubted. The usual punc¬
tuality of sound banking institutions could not fail to give an
increased value to fiunds set apart for public works; and
would insure an accuracy in the public accounts, that every
one can appreciate.
It will be seen by reference to the acts passed on that sub¬
ject, that the commissioners cannot make State bonds, hav¬
ing a shorter period to run than thirty years. This long-
period has impaired the market value of bonds used at home;
and I therefore now recommend such a modification of ex¬
isting law as will leave to the discretion of the commission¬
ers the time of reimbursement, between fifteen and thirty
years. It is evident that this can make no difference with
the State; for if she does not find it convenient before, or at
the end of fifteen years, she can readily substitute other
bonds for an additional time. But in truth the State cannot
require ten years to meet any amount, after the road gets
into operation.
Another amendment is recommended. The act of last
year forbids the sale or use of bonds at any price below par.
You, Mr. Chairman, know why that provision was inserted;
and you also know that it may be advisable at times to fall
below par. But most other States are doing it almost every
day, and to much advantage.
A summary of the matter hinted at in this paper may be
thus stated:—
The whole debt which it is expected that the State will
have incurred on account of the Western and Atlantic Rail
93
Road, when the work is finished and the ears in full opera¬
tion on the entire length of the road; and including engine
houses, ware houses, work shops, and other appurtenant
buildings and equipments, is estimated at three millions of
dollars.
To meet the prompt payment of the interest on. this sum,
at the rate of six per cent, per annum, a yearly appropri¬
ation of one hundred and eighty thousand dollars will be
needed.
And for the purpose of raising the market value of the
bonds to be sold, and securing their timely redemption with¬
out any sensible burthen to the country, it is further proposed
to appropriate from thirty to fifty thousand dollars annually,
as a sinking fund. If only thirty thousand dollars is appro¬
priated for this purpose, (though a larger sum would be pre¬
ferable) then the aggregate sum wanted annually will be two
hundred and ten thousand dollars.
This amount of revenue, it is believed, can readily be
raised by a sort of specific tax, on the plan that has hereto¬
fore been used in Georgia; but with such modification of
rates as will increase it on slaves, luxuries, rich pine lands,
and other subjects that can most easily bear it.
As the taxes are collected let them be forthwith transfer¬
red to some substantial bank, and placed to the credit of the
commissioners. The bank engaging', as all of them will do,
to pay a small interest on the deposites, and honor the drafts
of the commissioners in paying interest and other dues.
Should it be in my power to render services to the Joint
Standing Committee, during the session, I will with pleasure
do so. Very respectfully,
Your most obedient,
J. CRAWFORD.
Hon. W. W. Gordon.
P. S. I purposely omit calculations on the means of sup¬
plying the demand of our public works except those that
may arise from direct taxation. The assets of the Central
Bank are, I presume, more than sufficient to supply an in¬
terest paying and sinking fund, until the profits and income
from the Rail Road shall be realised. But the Central Bank
has no such character of stability as to give confidence any
where, to say nothing of the probable repeal of its charter.
The leading object at which the Legislature of Georgia
should now''aim, with a view to carry on her public work,
is the establishment of a high State credit; and I take leave to
assure you, from much intercourse with capitalists on both
sides of the Atlantic, that adequate and stable revenue laws
are absolutely indispensable. They have not, nor ought not to
have any confidence in pledges of bank dividends or bank
capital. They apprehend that the State Government dare
94
not tax tlie people to raise the means of maintaining the pub¬
lic faith; and therefore they will not rely on it. But let the
State of Georgia impose the required tax, and such an earnest
is given of her honest and resolute purpose to pay her debts,
as will at once dispel all doubts.
After the views which the commissioners had the honor
to present in their late annual report, I need not inform the
standing committee that it would be dangerous to the char¬
acter and best interests of Georgia, to permit^ the present
session of the Legislature to pass off without efficient action
on this subject. Should the same supineness or irrational
reluctance characterise the proceedings of this session, that
past sessions have exhibited, I consider it improbable that
the State will ever be able to sell a bond for as high a price
as fifty per cent, of its nominal amount. The consequences
may be gratifying to some; the total loss of two million of
dollars already expended on an unfinished work—the failure
of a magnificent enterprise—the credit and fame of the State
utterly blasted, may be quite tolerable to such as place no
value on civilization, and have never known the use of polit¬
ical morality.
But I do not permit myself to contemplate the probability
of such a ruinous administration.
Very respectfully, &c-
J. CRAWFORD.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
Mr. President:—The House of Representatives have pass¬
ed a bill to establish and fix the fees of sheriffs, constables,
and other officers, in certain cases.
They have also passed the bill which originated in the Sen¬
ate, for the pardon of James Hunter.
The Senate took up the report of the committee on tbe
bill to repeal the second section of an act passed in Decem¬
ber, 1830, making an appropriation for the benefit of the
University of Georgia.
Mr. Floyd moved to lay the report on the table for the
balance of the session,
Mr. Echols, of Walton, moved to strike out of the report
the following words, to wit, "from and after the passage of
this act," and to insert the words following, to wit, "that
from and after the second day of May next," which was
agreed to; and while the report was under discussion,
On motion of Mr. Cone,
The .Senate adjourned until 3 .o'clock this day, P, M.
95
Three o'clock, P. M.
The Senate met pursuant to adjournment.
On motion of Mr. Beall,
Leave of absence was granted to the Senator from Twiggs,
for a few days, on important business.
On motion of Mr. Williams,
Leave of absence was granted to the Senator from Jones,
for a few days, after to-day.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
Mr. President: — The House of Representatives have
agreed to a resolution that both branches of the General As¬
sembly will convene in the Representative Chamber, on
Monday next, at three o'clock, P. M., for the purpose of
electing a Major-General for the twelfth division, G. M., to
supply the vacancy created by the resignation of General
Charles H. Nelson, to which they ask the concurrence of the
Senate. •
Mr. Smead asked leave to withdraw the memorial of Leon¬
ard P. Breedlove, from the special committee to which it
was referred; which was granted.
On motion of Mr. Gordon, the following resolution of the
House of Representatives was taken up, read, and concur¬
red in.
Resolved, That both branches of the General Assembly
convene in the House of Representatives, at three o'clock,
P. M., on Monday next, for the purpose of electing a Major-
General for the twelfth division, G. M., to fill the vacancy
occasioned by the resignation of General Charles H. Nelson.
Mr. Cone, from the Committee on Enrolment, reported as
duly enrolled and signed by the Speaker of the House of
Representatives, an act to pardon James Hunter.
On motion of Mr. Jones,
The Senate adjourned until 9 o'clock, on Monday morning.
MONDAY MORNING, November 23, 1840.
The Senate met pursuant to adjournment.
The Senate resumed the unfinished business of Saturday,
to wit: the report of the committee as amended, and agreed
to, on the bill to repeal the second section of an act, passed
96
in December, 1830, making an appropriation for the benefit
of the University of Georgia.
On the question to lay the bill on the table for the balance
of the session, the yeas and nays were required to. be record¬
ed, and are yeas 31, nays 48.
Those who voted in the affirmative, are Messrs.
Gonder, Moore,
Gordon, Neil,
Graves, Smead,
Griggs, Smith of Bryan,
Harris of Tal'ferro, Spencer,
Harris of Warren, Thomas,
Kennon, Vincent,
"Knight, Warthen,
Miller, Williams,
Minter, Wright.
Beasley,
Blackshear,
Bryan of Macon,
Bryan of Stewart;
Bulloch,
Calhoun,
Christian,
Creach,
Dawson,
Floyd,
Glover,
Those who voted in the negative, are Messrs.
Adams,
Beall,
Bishop,
Boggess,
Bostwick,
Camp,
Camron,
Chastain,
Cone,
Conner,
Cox,
Crosby,
Culbertson,
Diamond,
Dunagan,
Echols of Coweta,
Echols of Walton,
So the motion was lost.
Fryer,
Graham,
Guess,
Hamilton,
Hammond,
.Heflin,
Henley,
Holmes of Baker,
Hopkins,
Jemeson,
Jones,
Kimzey,
Lindsay,
Loveless,
Mays,
McAfee,
McConnell,
McDonald,
Morris,
Reeves, •
Reid,
Robertson,
Speight,
Stapleton,
Strickland of Tatt¬
nall,
Strickland of Ware,
Swain,
W aldhour,
Walker,
Watters,
Young.
On the question, Shall this bill now pass ? the yeas and
nays were required to be recorded, and are yeas 49, nays 31.
Those who voted in the affirmative, are Messrs.
Adams, Chastain, Dunagan,
Beall, Cone, Echols of Coweta,
Bishop, Conner, Echols of Walton,
Boggess, . Cox, Fryer,
Bostwick, Crosby, Graham,
Camp, Culbertson, Guess,
Camron, Diamond, Hamilton,
97 "
Hammond,
Mays,
Stapleton,
Heflin,
McAfee,
Strickland of Tatt¬
Henley,
McConnell,
nall,
Holmes of Baker,
McDonald,
Strickland of Ware,.
Hopkins,
Morris,
Swain,
Jemeson,
Rainey,
Waldhour,
Jones,
Reeves,
Walker,
Kimzey,
Reid,
Watters,
Lindsay,
Robertson,
Young.
Loveless,
-Speight,
Those who voted in the negative, are Messrs.
Beasley,
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Calhoun,
Christian,
C reach,
Dawson,
Floyd,
Clover,
Gonder, Moore,
Gordon, Neal,
Graves, Smead,
Griggs, Smith of Bryan,
Harris of Taliaferro, Spencer,
Harris of Warren, Thomas,
Kennon, Vincent,
Knight, Warthen,
Miller, Williams, '
Minter, Wright.
So the bill passed.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their clerk :
Mr. President:—The House of Representatives have con¬
curred with the Senate, in the resolution authorising the Sur¬
veyor General and Secretary of State to employ additional
clerks, with amendments.
To which, the concurrence of the Senate is desired.
The communication from the President of the Central
Bank, with the accompanying documents, was taken up, and
referred to the Committee on Banks.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their clerk.
Mr. President:—The House of Representatives have
agreed to a resolution bringing on the election of a United
-States Senator, on the first day of December next, at 12
o'clock, M.
To which, they desire the concurrence of the Senate.
On motion of Mr. Dunagan,
The order was suspended for the purpose of taking up
.all the resolutions on the table.
The preamble and resolutions offered by Mr. Dunagan,
instructing our Senators and Representatives m Congress
to oppose the chartering of a National Bank, was taken up,
read, and made the special order for Wednesday next.
The next resolution in order, was the one ottered by Mr.
Calhoun, to bring on the election of a Senator to Congress;
which, was amended by IMiv Jones? when JMr. iLchols, ot
Walton, moved to lay the resolution on the table for the
balance of the session 5 and discussion had thereon, when
Mr. Thomas moved, that the Senate now adjourn.
On which motion, the yeas and nays were required to
be recorded, and are yeas 37, nays 41.
Those who voted in the affirmative, are Messrs.
Beasley, Griggs,. _ Speight,.
Blackshear, Harris of Taliaferro,Spencer,
Bryan of Macon, Harris of Warren, Stapleton,
Bryan of Stewart, Jones, Strickland of Tatt-
Bulloch, Kennon, nail,
Calhoun, Knight, Strickland of Ware,
Cox, Miller, Thomas,
Creach, Minter, Vincent,
Dawson,, Moore, Waldhour,
Floyd, Neal, Warthen,
Fryer, Reid, Williams,
Glover, Smead, W right.
Gonder, Smith of Bryan,
Those who voted in the negative are Messrs.
Adams, Du-nagan, Lindsay,-
Beall, Echols of Walton, Loveless,
Bishop, Gordon, Mays,
Boggess, Graham, McAfee,
Bostwick, Graves, McConnell,
Camp, Guess, McDonald,
Camron, Hamilton, Morris,
Chastain, Hammond, Rainey,
Christian, Heflin, Reeves,.
Gone, Henley, Robertson,.
Conner, Holmes of Baiter, Swain,
Crosby, Hopkins, Watters,
Culbertson, Jemeson, Young.
Diamond, Kimzey,
So the Senate refused to adjourn.
Mr. Echols, of Walton, pressed the question to lay the
resolution on the table for the balance of the session, when,
On motion of Mr. Dawson,
A large portion of the Senators withdrew from the Sen¬
ate, not leaving a quorum to do business.
99
Mr* Echols, of Walton, laid the following resolution on
the table :
Whereas, as a large portion of the members of this Sen¬
ate, that is, the body of the Harrison party, have withdrawn
in a body, just at the time when the vote on an important
question was about being taken, and left the Senate, leaving
only forty-two members of the body present, which was
decided by the chair, less than a quorum.
Resolved therefore, That the President of the Senate, issue
his order to the Messenger of Senate, directing him to com¬
pel the attendance of such Senators as may be found in
Milledgeville, by the hour of 3 o'clock, this evening; which
was agreed to.
The Messenger returned at three o'clock, and informed
the President of Senate, that he had summoned the follow¬
ing twenty-two Senators : Messrs. Beasley, Bryan of Macon,
Bryan of Stewart, Bulloch, Blackshear, Calhoun, Christian,
Floyd, Glover, Gonder, Griggs, Jones, Knight, Miller,
Moore, Reid, Smead, Spencer, Stapleton, Thomas, Vincent,
Warthen, Williams, when Mr. Echols of Walton, offered the
following:
Whereas, in pursuance of a resolution of the Senate, the
Messenger of Senate has reported the above-named Sena¬
tors, as having been duly summoned by him to attend in the
Senate chamber, at 3 o'clock, this day, and the said absent
Senators having failed to attend in pursuance of said resolu¬
tion—
Resolved, therefore, That the Senate adjourn until 9 o'clock,
to-morrow morning; at which hour, the Messenger is re¬
quired again to notify them to attend at the Senate chamber;
which was read, and agreed to.
The Senate then adjourned until 9 o'clock, to-morrow
morning.
TUESDAY MORNING, November 24, 1840.
The Senate met.
Mr. Miller moved to reconsider so much of the Journal of
.yesterday, as relates to the passage of the bill to repeal the
second section of an act, passed in December, 1830, making
an appropriation for. the University of Georgia.
. On which motion, the yeas and nays were required to be
recorded, and are yeas 37, nays 43.
100
Those who voted in the affirmative, are Messrs.
Beasley, Gordon, Reid,
Blackshear, Graves, Smead,
Bryan of Macon, Griggs, Smith of Bryan,
Bryan of Stewart, Harris of Taliaferro,Spencer,
Bulloch, Harris of Warren, Strickland of Ware,
Calhoun, Jones, Thomas,
Christian, Kennon, Vincent,
Cox, Knight, W aldhour,
Creach, Miller, Walker,
Dawson, Minter, Warthen,
Floyd, Moore, Williams,
Glover, Neal, Wright.
Gonder,
Those who voted in the negative, are Messrs.
Adams, Echols of Walton, McAfee,
Beall, Fryer, McConnell,
Bishop, Graham, McDonald,
Boggess, Guess, Morris,
Bostwick, Hamilton, Rainey,
Camp, Hammond, Reeves,
Camron, Heffin, Robertson,
Chastain, Henley, Speight,
Cone, Holmes of Baker, Stapleton,
Conner, Hopkins, Strickland of Tatt-
Crosby, Jemeson, nail,
Culbertson, Kimzey, Swain,
Diamond, Lindsay, Watters,
Dunagan, Loveless, Young.
Echols of Coweta, Mays,
So the Senate refused to reconsider.
Also—to reconsider so much of the Journal of yesterday,
as relates to taking up all the resolutions laying on the table.
On which motion, the yeas and nays were required to be
recorded, and are yeas 37, nays 43.
Those who voted in the affirmative, are Messrs.
Floyd, Miller,
Fryer, Minter,
Glover, Moore,
Gonder, Neal,
Griggs, Reid,
Harris of Taliaferro, Smead,
Harris of Warren, Smith of Bryan,
J ones, Spencer,
Kennon, Stapleton,
Knight, Strickland ofTattnl
Beasley,
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Calhoun,
Christian,
Cox,
Creach,
Dawson,
101
Strickland of Ware,Waldhour, Williams,
Thomas, Warthen, Wright.
Vincent,
Those who voted in the negative, are Messrs.
Adams, Echols of Walton, Loveless,
Beall, Gordon, Mays,
Bishop, Graham, McAfee,
Boggess, Graves, McConnell,
Bostwick, Guess, McDonald,
Camp, Hamilton, Morris,
Camron, Hammond, Rainey,
Chastain, Heflin, Reeves,
Cone, Henley, Robertson,
Conner, Holmes of Baker, Speight,
Crosby, Hopkins, Swain,
Culbertson, Jemeson, Walker,
Diamond, Kimzey, Watters,
Dunagan, Lindsay, Young.
Echols of Coweta,
So the Senate refused to reconsider.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their clerk:
Mr. Presidejit:—The House of Representatives have
passed to following bills, to wit:
A bill to repeal an act, entitled an act, to establish a gen¬
eral system of education by common schools, assented to,
the 26th day of December, 1837 ; also, an act, entitled an
act, to amend an act, to establish a general system of edu¬
cation by common schools, assented to, the 29th of Decem¬
ber, 1838 ; and also, to change the common school fund in
the State of Georgia, to that of a poor school fund, and to
provide for distributing the same.
Also—a bill to authorise his Excellency, the Governor, to
pay over to the Senator of Mcintosh county, all arrearages
due said county from the poor school fund, to be applied to
the purposes of education for said county.
Also—a bill to authorise the Justices of the Inferior Court
of the county of Pike, to apply the county funds of said
county, to the support of the invalid poor of said county.
Also—a bill to authorise the Sheriff of Meriwether county,
to sell the State's interest in lot of land, No. 23, in the 11th
district, formerly Troup, now Meriwether county; and the
Sheriffs of the several counties in this State, to sell all land
in their respective counties, in which the State may have an
interest derived from fraudulent draws.
Also—a bill to define the liability of the several Rail Road
Companies in this State, for the loss of stock killed or wound-
102
ed by the running of cars or locomotives on their roads re¬
spectively, and to regulate the proceedings in such cases.
They have also passed a resolution authorising his Excel¬
lency, the Governor, to pay to the Senator from Liberty
county, the amount of the common school fund apportioned
and due said county.
To which, they desire the concurrence ol the Senate.
On motion of Mr. Gordon,
The Senate took a recess until 3 o'clock, this afternoon.
Three o'clock, P. M.
The Senate met—when the unfinished business being
called for, and persisted in,
On motion of Mr. Miller,
A large portion of the Senators arose from their seats, and
left the Senate chamber. A quorum not being present,
On motion of Mr. Echols, of Walton,
The Senate took a recess until 9 o'clock, to-morrow
morning.
WEDNESDAY MORNING, November 25, 1840.
The Senate met, and took recess for one hour.
The Senate met.
Mr. Dawson laid the following on the table, and moved to
suspend the order, and to lay the resolution on the table for
the present.
On which motion, the yeas and nays were required to be
recorded, and are yeas 63, nays 18.
Those who voted in the affirmative, are Messrs.
Adams, Camp, Echols of Coweta,
Beall, Camron, Floyd,
Beasley, Chastain, Fryer,
Bishop, Christian, Glover,
Blackshear, Cox, Godard
Bryan of Macon, Creach,
Bryan of Stewart, Culbertson,
Bulloch, Dawson,
Calhoun, Diangond.
Gonder,
Gordon,
Graves,
Griggs^
103
Hammond,
Mays,
Stapleton,
Harris of Burke,
McConnell,
Strickland of Tattn'l
Harris of Taliaferro,Miller,
Strickland of Ware,
Harris of Warren, Minter,
Thomas,
Henley,
Moore,
Vincent,
Holmes of Baker,
Morris,
Waldhour,
Jones,
Neal,
Walker,
Kennon,
Reeves,
Warthen,
Kimzey,
Reid,
Watters,
Knight,
Smead,
Williams,
Lindsay,
Smith of Bryan,
Wright,
Loveless,
Spencer,
Young.
Those who voted in the negative,
are Messrs.
Boggess,
Graham,
McAfee,
Bostwick,
Guess,
McDonald,
Conner,
Hamilton,
Rainey,
Crosby,
Heflin,
Robertson,
Dunagan,
Hopkins,
Speight,
Echols of Walton,
Jemeson,
Swain.
So the motion to lay on the table for the present, prevailed.
Mr. Jones's resolutions, Mr. Echols', of Walton, and Mr,
Morris's were severally taken up, read, and ordered to lay
on the table for the present.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their clerk :
Mr. President:—-The House of Representatives have
passed the following bills, to wit::
A bill to add an additional section to the eighth chapter of
the penal code of the State of Georgia, and to provide for
the punishment of free white persons, for receiving stolen
goods from negroes, and free persons of color.
A bill to repeal so much of an act, passed the 25th De¬
cember, 1837, as relates to the consolidation of the offices of
tax collector and receiver of tax returns of the county of
Floyd.
A bill to permit the Sheriff of Houston county to adver¬
tise his sales in any public gazette printed in the city of
Macon, or any paper in the State ; and to authorise the
Sheriffs of certain counties therein named, to publish their
advertisements in any paper in the Northern Circuit, under
certain provisions.
A bill to repeal an act, assented to, December 28th, 1838,
to compensate grand and petit jurors in the county of Macon,
and to compensate the petit jurors of Jones county, so far
as relates to the county of, Macon.
A bill to amend the second section of an act, entitled an
104
act, for the Better protection of orphans and their esfatesr
passed on the 18th day of February, 1799, approved 22nd
December, 1828.
A bill to authorise the Justices of the Inferior Court of
Macon county to lay an extra tax for the year 1841.
A bill to alter and change the names of certain persons
therein named, and to legitimatise the same.-
A bill to form additional precincts in the county of Hous¬
ton.
A bill to alter and fix the time of holding the Inferior
Courts in the county of Museogee.
A bill to repeal an act, entitled an act, to consolidate the
offices of tax collectors and receiver of tax returns, so far as
respects the counties of Baldwin,. Chattooga, Franklin,.
Gwinnett, Heard, Upson, Wilkes, Mcintosh, Thomas, Jef¬
ferson, Cobb, Hancock, Dooly, and Marion, passed on the
9th day of December, 1839, so far as relates to the county
of Up son:
A bill to amend an act relating to usurious contracts.
The Senate took up, and agreed to the resolution of Mr.
Creach, so far as relates to the pay of members,- going to,
and returning from the Seat of Government.
Also—-have concurred with the House of Representa¬
tives, to the resolution of Senate, allowing the Secretary of
State and Surveyor General, certain clerks.
Also—have concurred with the House, to the resolution
to pay to the Senator of Liberty county, the amount of the
common school fund dueJ said county
The following communication was received from his
Excellency the Governor, by Mr. Harris, his Secretary:'
which was read, and referred to the Committee on the Peni¬
tentiary :
Executive Department, >
Milledgevillle, 24th Nov. 1840. )
i have the honor to inform the General Assembly, that
complaints have been made to me of abuses in the disci¬
pline of the Penitentiary. The accompanying documents
will inform you of the proceedings had thereon,, by this De¬
partment, and of the result of the investigation directed by
me.
From the letter of resignation of one of the Assistant
Keepers, now communicated, it will be perceived that he
persists in the charge of existing abuses, notwithstanding;
the report of the Inspectors.
I feel it my duty, in this state of things, to ask you to in--
stitute a rigid scrutiny into the conduct of the officers of
that Institution. This is due alike to the gentleman having
its superintendence, to public justice, and the cause of hu¬
manity. charles J. McDonald.
105
The following message from his Excellency the Governor,:
was received by Mr. Harris, his Secretary: which was read,
and referred to the Committee on the Judiciary :
Executive Department, >
Milledgeville, 25th Nov. 1840. )
I feel it my duty to inform the Legislature, that a diffi¬
culty has arisen in regard to the construction due to the
second section of the act of the last session, to impose, lay
and collect a tax for the political year 1840'.
The Treasurer has construed it, to require the payment
of one-half of the taxes collected this year, into the Treasury?
and has, accordingly, so ordered. Some of the counties
claim the entire amount of taxes, contending that the law
applies to the taxes collected the next year.
It would be well for the safety of tax collectors, and their
securities, that the difficulty should be settled by a Legisla¬
tive construction.
charles j. Mcdonald.
The Senate took up the special order of the day, to wit,
the following preamble and resolutions, laid on the table by
' Mr. Dunagan:
Believing, that in the United States, exertions are making
by many politicians, and, perhaps, by foreign capitalists, to
induce the Congress of the United States to charter a Na¬
tional Bank: and believing it the duty and privilege of a
Representative Assembly to express the views and wishes
of their constituents, and believing that no indication in the
political movements of the sovereign people of the State of
Georgia, authorises us to come to the conclusion that they
are in favor of such an Institution ; and, believing as we do,
in its dangerous tendency and influence to create a high
tariff' for the protection of manufactories, and other uncon¬
stitutional purposes—and still believing, as heretofore ex¬
pressed, that such an Institution is inexpedient, unconstitu¬
tional, and dangerous to the liberties of the people.
jBe it therefore resolved by the Senate and House of Representa¬
tives of the State of Georgia, in General Assembly met, That our
Senators in Congress be instructed, and our Representatives
respectfully requested, to oppose the chartering of a National
Bank of any description whatever.
Mr. Gonder offered the following amendment:
Resolved, That the Congress of the United States has the
power to charter a United States Bank.
Resolved, That a United States Bank is necessary and
proper in the collection and disbursement of the Federal
revenue.
. When Mr. Smead offered the following, as an amend¬
ment, and as a substitute to the original, to wit:
106
The people of Georgia have declared, their opposition to
the Sub-Treasury scheme of the present Administration—
known as the Independent Treasury—at the ballot box, on
the first Monday in October, and again, on the first Monday
in November, in terms that cannot be misunderstood. They
are opposed to it, because they believe it to be dangerous to
their liberties, and destructive of their interests, having a
direct and manifold tendency to the subversion of correct
Republican principles, and the establishing of a consolidated
Government, upon the ruins of our present form of govern¬
ment, by placing unlimited power in the hands of the Ex¬
ecutive, and making him superior to, and independent of,
the Legislative Departments thereof, in all that pertains
to the fiscal operations of the Government.
They believe that, to the operations of the Sub-Treasury
scheme, is to be attributed in a very great degree, the pres¬
ent pecuniary embarrassments and distress with which the
country is afflicted—and that good policy, and a proper re¬
gard for their rights and their interests, call loudly for its
repeal.
In the great political contest through which we have just
passed, the important question at issue before the people,
was Bank, or Sub-Treasury. This issue was forced upon
them by the advocates of the Sub-Treasury Law, and being
compelled to choose between the two, they have, by their
voice at the ballot box, decided in favor of the first, and
against the latter. The people of Georgia believe that the
Congress of the United States has the right under the Con¬
stitution, to incorporate a Bank, to act only as the fiscal
agent of the Government, under the supervision of the Leg¬
islature, and not of the Executive Department of the Gov¬
ernment.
They believe that the embarrassed and deranged state of
the currency of the country, can only be remedied effectu¬
ally, by the establishment of an Institution of this kind.
Be it therefore resolved by the Senate and House of Repre¬
sentatives of the State of Georgia, in General Assembly met,
and it is hereby resolved by the authority of the same, That
it is the opinion of this General Assembly, that our Senators
and Representatives in Congress, should vote for an early re¬
peal of the Sub-Treasury Law of the last session of Con¬
gress, and that, in so doing, they would be representing
correctly the sentiments of their constituents.
Resolved further, That it is the opinion of this General As¬
sembly, that our Senators and Representatives in Congress,
should use all honorable means to effect the establishing a
Bank, to be used as the fiscal agent of the Government, in
lieu of the Sub-Treasury, in collecting and disbursing her
revenue, that will not be incompatible with the Constitu-
107
tion, or in violation of the rights of the people, or of the
States.
Mr. Jones offered the following preamble and resolutions,
as a substitute to the original, and substitutes :
Whereas, in a Government like ours, based upon the
will of the people, resting upon their love, and supported by
a deep and patriotic devotion to liberty and equal rights, a
frequent recurrence to first principles cannot but be useful,
and tend greatly amid the shocks of contending parties, to
preserve our Constitutions in their purity and strength.
And whereas, recent indications warrant a reasonable
apprehension, that active exertions are now making in vari¬
ous parts of the United States, to induce the Congress of the
United States to take upon themselves the exercise of pow¬
ers in violation of the Constitution.
Therefore resolved by the Senate and House of Representatives
of the State of Georgia, in General Assembly met, That the
Government of the United States is one of delegated and
limited power, and cannot, without usurpation, exercise any
powers not expressly granted by the Constitution, or which
is necessary as a means to carry into effect, a power granted
by that instrument—that is to say, as a means without which
the delegated power would be nugatory.
2. Resolved, That the State Government deriving its power
directly from the people, may constitutionally do any thing
for the benefit and interest of the people, which is not pro¬
hibited by the Constitution of the State, or of the United
/States.
3. Resolved, That the power to charter a bank, or any
other corporation, is not granted to Congress by the Consti¬
tution, and is not necessary to carry into effect any power
granted by that instrument.
4. Resolved, That the power to impose a tariff for the pro¬
tection of domestic manufactures, or to appropriate the pub¬
lic revenue for internal improvements in the several States, is
not granted to Congress by the Constitution, and is not
necessary to carry into effect any power granted by that in¬
strument.
5. Resolved, That the exercise of any such powers is
fraught with manifest injustice, injury and ruin to the pros¬
perity of the Southern States, and dangerous to the continu¬
ance of this Union.
Mr. Dunagan accepted the substitute offered by Mr. Jones,
in lieu of the original, which now stands as the original.
And after discussion thereon, the order was suspended
until to-morrow morning, 9 o'clock.
Mr. Fryer reported a bill to repeal an act, entitled an act,
to guard and protect the citizens of this State against the
unwarrantable and too nrevalent use of deadly weapons,
108
passed the 25th December, 1837 ; which was read the first
time.
Mr. Kimzey reported a bill to lay out and organize a new
county, from the counties of Hall, Habersham, and Lump¬
kin ; which was read the first time.
Mr. Stapleton reported a bill to change the places of hold¬
ing election precincts in the county of Jefferson; which was
read the first time.
Mr. Guess reported a bill to incorporate the Presbyterian
Church of Roswell, Cobb county ; which was read the first
time.
Mr. Harris, of Warren, reported a bill to authorise Joseph H.
Butt, of Marion county, to plead and practice law in the sev¬
eral courts of law and equity in this State, and prescribe his
liability touching the same ; which was read the first time.
Mr. Bryan, of Stewart, reported a bill to incorporate
Sugar Maple Grove Academy, in the county of Stewart, and
to appoint trustees for the same ; which was read the first
time.
Mr. McDonald reported a bill to amend an act, entitled
an act, to regulate slaves and free persons of color in the
counties of Mcintosh and Liberty, assented to, 21st Decem¬
ber, 1840 ; which was read the first time.
Mr. Young reported a bill to incorporate the Irwin Factory
Company, in the county of Irwin ; which was read the first
time.
Mr. Cox reported a bill to authorise constables to serve
processes, and perform other acts pertaining to their office
in any district in the county, in certain cases therein speci¬
fied ; which was read the first time.
Mr. Chastain reported a bill to grant the rights and privi¬
leges of citizenship to certain persons and their descendants
herein named, and to remove all legal disabilities heretofore
imposed on said persons ; which was read the first time.
Mr. Bulloch reported a bill to repeal all acts establishing
election precincts in the different counties of this State;
which was read the first time.
The following bills of the Senate were severally taken up,
read a second time, and committed to a committee of the
whole, to wit:
A bill to compel persons owning plantations and slaves
situated in any county in this State, other than the county
where such person or persons may reside, to return the
same, and pay the taxes thereon in the county where it
may be situated.
A bill to repeal an act, entitled an act, to provide for the
election of a printer, and to regulate the printing required to
be performed by the Legislature, and to authorise the letting
out of the public printing to the lowest responsible bidder.
109
A bill to regulate the times of holding the Superior Courts
of the Southern Circuit.
A bill to incorporate the village of Palmyra, in the county
of Lee, and to appoint commissioners for the same.
A bill to create and establish a free system of education
by common schools in the county of Bulloch.
The following bill was taken up, read the second time,
and ordered to be engrossed for a third reading.
A bill for the relief of Solomon Spurlock, John P. Glover,
Sen., and John P. Glover, Jr., securities of William E.
Glover.
Mr. Walker presented a petition from certain citizens of
Upson County; which was referred to the Committee on
Petitions, without being read.
Mr. Bishop, from the special committee to whom was re¬
ferred the documents in relation to the discharge of the
duties of the commissioners appointed to open a public road
from Dahlonega, in Lumpkin county, by Ellijay, in Gilmer
county, make the following
REPORT:
That from every view which your committee have been
able to give the subject, after examining the documents ob¬
tained from the Executive Department, they are unable to
form any definite conclusion as to the correctness or incor¬
rectness of the performance of the duties of the commis¬
sioners, there being no vouchers accompanying the docu¬
ments above referred to. We find, however, an act was
passed at the last session of the Legislature, appointtng new
commissioners, and requiring the old commissioners to turn
over to their successors, all unexpended balances in their
hands ; and if they have refused or neglected to do so, we
recommend the passage of a resolution requiring the Gov¬
ernor forthwith to commence suit against said original com¬
missioners, and their securities, in compliance with the act
of the last Legislature.
Which report, was read, and agreed to.
Mr. Guesss from the Committee on Petitions, made the
following report: which was taken up, read, and agreed to,
to wit:
The Committee on Petitions, to whom was referred the
petition of Jules D'Autil, report:
That the petitioner asks the Legislature to repay him the
sum of four hundred and seventeen dollars seventy-five
cents, expended by him in procuring the arrest and convey¬
ance to Richmond county, of one Morton Kelsey, who was
convicted before the Superior Court of said County, of an
aggravated offence, and who is now confined in the Peni¬
tentiary.
While your committee consider the case of the petitioner
a hard one, and his claim meritorious, they cannot recom-
110
mend provisions for it, as it would fix a precedent which
would entail considerable expense upon the State—-and they
ask to be discharged from the further consideration of the
subject.
The following message was received from his Excellency
the Governor, by his Secretary, Mr. Harris :
Executive-Department, >
Milledgeville, 23d Nov. 1840. )
I have the honor to communicate to the Senate, in com¬
pliance with their resolution, a tabular statement of the votes
given in each county of this State, for, and against biennial
sessions ; and the total number of votes given in each coun¬
ty on the first Monday in October last.
charles j. Mcdonald.
The Senate then adjourned until 9 o'clock, to-morrow
morning.
THURSDAY MORNING, November 26, 1840.
The Senate met pursuant to adjournment.
Mr. Bulloch laid the folio whig resolution on the table;
which was taken up, read, and agreed to, to wit:
Be it resolved by the Senate and House of Representatives of
the State of Georgia, in General Assembly met, That the Gov¬
ernor be requested to furnish both branches of the Legisla¬
ture, with a report of the commissioners superintending the
building of the Lunatic Asylum, showing the amount which
has been drawn from the Treasury, how appropriated, mate¬
rials purchased, or furnished under contracts, and the prices
paid for the same.
^ Mr. Hopkins reported a bill to authorise certain commis¬
sioners therein named, to establish a lottery for the purpose
of raising the sum of fifteen thousand dollars, to be appro¬
priated to the expense of erecting and endowing an Academy
m the city of St. Marys, county of Camden; which was
read the first time.
Also—a bill to incorporate an Academy in the city of St.
Marys, Camden county, and appoint nine trustees for the
same, &c.; which was read the first time.
Mr. Heflin reported a bill to alter and fix the time of hold¬
ing the Inferior Courts in the county of Fayette; which was
read the first time.
Ill
Mr. Watters laid on the table the following resolution J
which was taken up, read, amended, and ordered to lay on
the table for the present.
Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, and it is hereby
resolved by the authority of the same, That his Excellency, the
Governor, be, and he is hereby authorised, to pay over to
Joseph Watters, Senator from the county of Floyd, all mon¬
ies due the said county of Floyd, for the support of common
schools, for the years eighteen hundred and thirty-nine and
eighteen hundred and forty, inclusive.
Which was amended, by inserting " to pay to the Senators
from Coweta, Jackson, Decatur, and Tattnall," the amount
due each of said counties, respectively.
The special order was taken up, to wit:
The resolutions, amendment, and substitutes, in relation
to instructing our Senators and Representatives in Congress,
to oppose the chartering of a National Bank.
Mr. Miller offered the following substitute :
Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, and it is hereby re¬
solved by the authority of the same, That in the opinion of the
General Assembly, the people of Georgia have, at their re¬
cent elections, decisively condemned the Independent Treas¬
ury, or Sub-Trea.sury System, as destructive of their inter¬
ests, and tending to increase the patronage of the General
Government.
Resolved further, That we consider a National Bank under
proper restrictions, as a necessary and proper means for
collecting and disbursing the revenue of the General Gov¬
ernment } that it is decidedly preferable to the use of the
State Banks ; and that its operation will tend to equalize
exchanges, and afford a sound currency to the people of the
United States.
Mr. Calhoun offered the following substitute, to the sub¬
stitutes and original:
Believing, that in the United States, exertions are making
by the people, to induce the Congress of the United States
to establish a National Bank, and believing it the duty and
privilege of a Representative Assembly, to express the views
and wishes of their constituents, and believing, that indica¬
tions in the political movements of the Sovereign people of
the State of Georgia, authorises the conclusion that they are
in favor of such an Institution, and believing as we do, in its
salutary influence, and that such an Institution is expedient,
Be it therefore resolved, That it is our opinion, that Con¬
gress should charter a United States Bank, under such rules,
regulations, and restrictions, as will effectually secure the
public funds, protect and guard the rights and interests of
the people of this Union, without a violation of the Consti-
112
tutionof the United States, or the rights of the States; and in
such a way, as not to increase the patronage of the Execu¬
tive department of the General Government. And for the
purpose of relieving the consciences of those, who honestly
doubt that Congress has the constitutional power to charter
a Bank, but doubt not its expediency,
Be it further resolved, That the Constitution should be so
amended, as to confer the power in distinct terms.
Mr. Blackshear offered the following resolution
Resolved, That all resolutions relative to a National Bank,
and the Sub-Treasury, and all amendments to those resolu¬
tions, he upon the table for the balance of the session.
The following message was received from the House of
Representatives, by Mr. Cabahiss, their clerk :
Mr. President:—I am directed by the House of Repre¬
sentatives to inform the Senate, that they have agreed to. a
resolution to proceed to the unfinished business of Monday
last, to wit: the election of a Major General for the twelfth
division, G. M., at 3 o'clock, this afternoon.
To which, they desire the concurrence of the Senate.
On motion of Mr. Gordon,
The order was suspended, for the purpose of taking up
the following resolution from the House of Representatives:
Resolved, That both branches of the General Assembly,
if the Senate concur, will convene in the House of Repre¬
sentatives, this evening, at 3 o'clock, to proceed to the un¬
finished joint-business of Monday evening last, to wit: the
election of a Major General for the twelfth division, G. M.
The resolution was taken up, read, and concurred in.
Leave of absence was granted to the Senators from Chat¬
ham and Pike, for a few days, after Saturday next, on im¬
portant business.
The Senate then adjourned until 3 o'clock, P. M.
Three O'clock, P. M.
The Senate convened pursuant to adjournment.
Mr. Dunagan reported a bill to alter and fix the time of
holding elections for Senators of the several counties in this
State ; which was read the first time.
Mr. Lindsay reported a bill to incorporate South River
Academy, in the county of Butts, and to appoint trustees
for the same ; which was read the first time.
Mr. Bryan, of Macon, reported a bill to make Clerks of
IIS
the Courts of Ordinary elective by the people ; which was
read the first time.
The bill to alter and amend the road laws of this State,
so far as relates to compelling ordained ministers of the
Cospel, to work roads, was taken up, read the second time,
and engrossed for a third reading.
Leave of absence was granted to the Senators from Dooly,
Dade, Laurens, and Taliaferro, for a few days, after to-day.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their clerk:
Mr. President:—I am directed by the House of Repre¬
sentatives, to inform the Senate, that they are now ready to
receive them in the Rrepresentative Chamber, to proceed to
the election of Major General for the twelfth division, G. M.
The Senate then repaired to the Representative Hall, and
proceeded to the election of a Major General, to command
the twelfth division, G. M.; and on receiving and counting
the ballots, it appeared that Daniel H. Bird, Esq., was duly
elected.
The Senate then returned to their chamber.
^ Mr. Smead presented a petition from sundry citizens of
Harris county ; which was referred to a select committee,
i consisting of Messrs. Smead, Calhoun, and Miller, without
being read.
The following bills were severally taken up, read the
second time, and committed to a committee of the whole,
to wit:
A bill to add the residence of John Mulkey of the county
of Houston, to the county of Macon.
A bill to change the time of holding the general elections
in the State of Georgia.
A bill to disqualify all persons who shall hereafter be con¬
victed of certain crimes, from testifying in any Court of
Justice in this State, and from the privilege of performing
the duties of jurors.
A bill to extend the corporate limits of the town of Athens,
an the county of Clark, and to change the plan of holding
elections for the officers of the corporation in said town.
A bill to change the name of William I. Emswiler, to
that of William J. Reeves.
A bill to authorise purchasers of eity lots and lots of land
in the cities of Columbus and Macon, and in the reserves-
thereof, to redeem them from forfeiture.
A bill to make permanent the site of public buildings and
seat of Justice for the county of Gilmer, in the town of El-
lijay, and to incorporate the same.
A bill authoiising the Sheriffs of Lincoln county to insert
their advertisements in any of the newspapers published in
, S
114
the city of Augusta, or in any newspaper published within,
the Northern Judicial Circuit.
A bill to cause persons owning certain property in the
county of Early, to make returns of the same to the tax
collector thereof.
A bill to extend the corporate limits of the town of
McDonough, in the county of Henry, and to confer upon
the commissioners of said town the right of assessing taxes
upon the citizens thereof, or the performance of road duty,
as the commissioners may deem expedient.
A bill to repeal an. act, entitled an act, to prevent the
several banks of this State from selling or disposing of ex¬
change, at a higher rate per cent, than herein expressed,
under certain conditions, and to prescribe the mode of pun¬
ishment for a violation of the same, assented to, 23d De¬
cember, 1839.
A bill to alter and amend the several acts in relation to
attachments and bail process.
A bill to extend the time of the taking out of grants in
the gold and land districts in the Cherokee country.
A bill to repeal the third section of an act, passed the
29th day of December, 1839, further to regulate the grant¬
ing of retail license, and sale of spirituous liquors.
A bill to compensate the grand and petit jurors of certain
counties therein mentioned,, so far as relates to the county of
Emanuel, assented to, December 23d, 1837.
A bill to alter and amend the Judiciary of this State, so
far as relates to the Jurisdiction of Justices of the Peace.
A bill to add a part of the county of Habersham to the
county of Franklin.
A bill to admit tax collector's deeds in evidence, in cer¬
tain cases therein named.
A bill to regulate the renewal of notes in the Central
Bank of Georgia.
A bill to alter and amend the forty-third section of the
fourth division of the penal code.
A bill to amend the rent-laws of this State, as far as re¬
lates to the city of Augusta.
A bill to prescribe the duties of Attornies in entering up
judgments, and the duties of Clerks and Sheriffs in relation
to executions.
A bill to authorise the Justices of the Inferior Court of
the several counties in this State, to create and lay out any
new districts, or change and alter the lines of those already
laid out, assented to, on the 23d December, 1839.
A bill t:o repeal an act, entitled an act, establishing elec¬
tion districts in the several counties therein named, and to
regulate the same, assented to, on thp 21st December, 1839,
so far as relates to the county of Stewart.
A bill to make deaf and dumb persons idiots hi law, so
115
far as to authorise the appointment of Guardians in certain
cases.
A bill to alter and fix the times of holding the Superior
Courts of the Chattahoochee Circuit.
A bill to alter the Judiciary of this State, so as to reduce
the number of Justices of the Inferior Courts in each coun¬
ty, from five to one.
A bill to be entitled an act, to repeal an act entitled an
act, more effectually to prevent the evils of banking, and to
stop the issuing and circulation of the bills and notes of
unchartered banks, private bankers, and the bills and notes
usually called change-bills, approved December 19th, 1818 ;
and further, to repeal all pains, penalties, and extraordinary
taxation against persons of this State for issuing bills, and
to restore to them the rights and privileges enjoyed by the
bank corporations and monopolies of this State.
The Senate adjourned until 9 o'clock, to-morrow morning.
FRIDAY MORNING, November 27, 1840.
The Senate met pursuant to adjournment.
The unfinished business of yesterday, viz: the resolu¬
tions, amendments, and substitutes, in relation to the incor¬
porating a National Bank, was taken up.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary:
Mr. President:—His Excellency the Governor, has ap¬
proved and signed a resolution of the Senate, allowing the
Secretary of State and the Surveyor General, to employ a
sufficient number of Assistant Clerks to transact the busi¬
ness of their respective offices during the session.
Which, I am directed to return.
The following message was received from the House of
Representaties, by Mr. Cabaniss, their clerk:
Mr. President:—The House of Representatives have
passed a bill to compel the several banks of this State to
redeem their respective liabilities in specie, and to provide
for the forfeiture of the charter or charters of such as may
refuse.
Also—a bill to repeal so much of the third section of an
act, passed the 24th December, 1835, entitled an act to alter
and amend an act, to change the names of certain persons
116
therein mentioned, and to ^legitimatize those persons whose
names are so changed, as far as relates to the legitimatizing
and investing Caroline Amanda Tuttle, formerly Caroline
Amanda Graham, with the rights and privileges of an heir
at law of her reputed father, James Tuttle, of Scriven
county.
The have also agreed to a resolution authorising his Ex¬
cellency, the Governor, to draw his warrant upon the Treas¬
ury, in favor of Samuel A. Wales, Esq., for professional
services rendered by him in the Superior Court of Haber¬
sham county.
To which, the concurrence of the Senate is desired.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary:
Mr. President:—His Excellency the Governor, has di¬
rected me to lay before this branch of the General Assem¬
bly, his communication, with accompanying documents.
On motion of Mr. Fryer,
The Senate adjourned until 3 o'clock, this afternoon.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
On motion of Mr. Moore,
The order of the day was suspended, for the purpose of
receiving the report of the Committee on the Penitentiary.
Mr. Dunagan, from the Committee on the Penitentiary,
made the following report, viz.
The Committee on the Penitentiary, to whom was referred
his Excellency's communication, with the accompanying
documents, in relation to certain abuses in the Institution,
have had the same under consideration, and beg leave to be
discharged from the further consideration of the subject.
On motion of Mr. Moore,
The communication of his Excellency, the Governor, in
relation to certain abuses in the Penitentiary, with the ac¬
companying documents, was referred to a special committee;
the committee named, are Messrs. Moore, Bishop, Kennon,
and Smith, of Twiggs.
The Senate resumed the order of the day, viz : the reso¬
lutions, amendments, and substitutes, in relation to the re-
chartering of a National Bank.
On motion of Mr. Fryer,
To adjourn, the yeas and nays were required to be re¬
corded, and are yeas 32>mysJ£fL.
117
Those who voted in the affirmative, are Messrs.
Godard,
Griggs,
Harris of Burke,
Harris of Warren,
Henley,
Knight,
Lindsay,
Loveless,
Miller,
Minter,
Neal,
Smead,
Smith of Bryan,
Spencer,
Stapleton,
Strickland of Tatt¬
nall,
Strickland of Ware,
Thomas,
Warthen,
Williamson,
Wright.
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Calhoun,
Camp,
Christian,
Conner,
Cox,
Creach,
Floyd,
F ryer,
Those who voted in the negative, are Messrs.
Adams, Goode, McAfee,
Beall, Gordon, McConnell,
Beasley, Graves, McDonald,
Guess, Moiris,
Hamilton, Reeves,
Heffin, Reid,
Holmes of Baker, Robertson,
Hopkins, Speight,
Jemeson, Swain,
Jones, Watters,
Kimzey, Williams,
Mays, Young.
Boggess,
Camron,
Chastain,
Cone,
Culbertson,
Diamond,
Dunagan,
Echols of Coweta,
Echols of Walton,
So the motion was lost.
On motion of Mr. Echols, of Walton,
The previous question was called for, and on the ques¬
tion, Shall the main question be now put f the ayes and
nays were required to he recorded, and are yeas 44, nays 34.
Those who voted in the affirmative, are Messrs.
Adams, Echols of Walton, Loveless,
Beall, F ryer, Mays,
Beasley, Gordon, McAfee,
Bishop, Graves, McConnell,
Boggess, Guess, McDonald,
Bostwick, Hamilton, Morris,
Camp, Hammond, Reeves,
Camron, Heffin, Robertson,
Chastain, Henley, Smith of Twiggs,
Cone, Holmes of Baker, Speight,
Conner, Hopkins, Swain,
Culbertson, Jemeson, Walker,
Diamond, Jones, Watters,
Dunagan, Kimzey, Young.
Echols of Coweta*. Lindsay,
118
Those who voted in the negative, are Messrs
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Calhoun,
Christian,
Cox,
Creach,
Floyd,
Graves,
Godard,
Goode,
Spencer,
Stapleton,
Strickland of Tatt¬
nall,
Strickland of Ware,
Thomas,
Vincent,
War then,
Williams,
Williamson,
Wright.
Griggs,
Harris of Burke,
Harris of Warren,
Kennon,
Knight,
Miller,
Minter,
Moore,
Neal,
Reid,
Smead,
Smith of Bryan,
The previous question was then on the adoption of Mr.
Jones's substitute to the original resolutions.
On which, the yeas and nays were required to be recorded,
and are yeas 43, nays 38.
Those who voted in the affirmative, are Messrs.
Adams,
Bea.ll,
Bishop,
Boggess,
Bostwick,
Camp,
Camron,
Chastain,
Cone,
Conner,
Crosby,
Culbertson,
Diamond,
Dunagan,
Echols of Coweta,
Those who voted
Beasley,
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Calhoun,
Christian,
Cox,
Creach,
Floyd,
F ryer,
Glover,
Godard,
On motion of Mr. Holmes, of Baker,
The Senate adjourned "until 9 tA-luukytp-fiionur.'- morning.
Echols of Walton,
Loveless,
Gordon,
Mays,
Graves,
McAfee,
Guess,
McConnell,
Hamilton,
McDonald,
Hammond,
Morris,
Heflin,
Reeves,
Henley,
Robertson,
Holmes of Baker,
Smith of Twiggs,
Hopkins,
Speight,
Jemeson,
Swain,
Jones,
Walker,
Kimzey,
Watters,
Lindsay,
Young.
. in the negative, are
Messrs.
Gonder,
Smith of Bryan,
Goode,
Spencer,
Griggs,
Stapleton,
Harris of Burke,
Strickland of Tatt¬
Harris of Warren,
nall,
Kennon,
Strickland of Ware,
Knight,
Thomas,
Miller,
Vincent,
Minter,
Waldhour,
Moore,
Warthen,
Neal,
Williams,
Reid,
Williamson,
Smead,
Wright.
119
SATURDAY MORNING, November 28, 1840.
'The Senate met pursuant to adjournment.
Mr. Kennon moved to reconsider so much of the Journal
of yesterday, as relates to the adoption of the resolutions in
opposition to the re-chartering of a National Bank, the sub¬
ject of Internal Improvements, and a Protective Tariff.
The Honorable Urbanus Dart, Senator elect from the
county of Glynn, appeared, produced his credentials, and
being sworn by the President to support the Constitution of
this State, and of the United States, took his seat.
On motion of Mr. Harris, of Burke,
To adjourn, the yeas and nays were required to be re¬
corded, and are yeas 39, nays 43.
Those who voted in the affirmative, are Messrs.
Beasley,
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Calhoun,
Gonder,
Goode,
Griggs,
Harris of Burke,
Harris of Warren,
Holmes of Houston,
Smead,
Smith of Bryan,
Spencer,
Staple ton,
Strickland, of Tatt¬
nall,
Christian,
Kennon,
Strickland of Ware.
Cox,
Knight,
Thomas,
C reach,
Miller,
Vincent,
Dart,
Minter,
Waldhour,
Floyd,
Moore,
Warthen,
F ryer,
Neal,
Williams,
Glover,
Reid,
Williamson.
Godard,
Those who voted in the negative, are Messrs.
Adams,
Echols of Walton,
Loveless,
Beall,
Gordon,
Mays,
Bishop,
Graves,
McAfee,
Boggess,
Guess,
McConnell,
Bostwick,
Hamilton,
McDonald,
Camp,
Hammond,
Morris,
Camron,
Heffin,
Reeves,
Chastain,
Henley,
Robertson,
Cone,
Holmes of Baker,
Smith of Twiggs,
Conner,
Hopkins,
Speight,
Crosby,
Jemeson,
Swain,
Culbertson,
Jones,
Walker,
Diamond,
Kimzey,
W atters,
Dunagan,
Lindsay,
Young.
Echols of Coweta,
Mr. Reid reported a bill to incorporate an Institution for
the nromotioii-fi£JClinstian Knowledge and General Educa
120
lion, to be called the Georgia Episcopal Institute and Christ
College, at Montpelier, in the county of Monroe ; which was
read the first time.
On the motion for reconsideration, the yeas and nays were
required to be recorded, and are yeas 37, nays 42.
Those who voted in the affirmative, are Messrs.
Beasley, Godard, Smead,
Blackshear, Gondeiv Smith of Bryan,
Bryan of Macon, Goode, Spencer,
Bryan of Stewart, Griggs, Staple ton,
Bulloch, Harris of Burke, Strickland of Tattn'l
Calhoun, Harris of Warren, Strickland of Ware,,
Christian, Kennon, Thomas,
Cox, Knight, Vincent,
Creach, Miller, Waldhour,
Dart, Minter, Warthen,
Floyd, Moore, Williams,
Fryer, Neal, Williamson.
Glover, Reid,
Those who voted in the negative, are Messrs.
Adams, Echols of Walton, Loveless,
Bishop, Gordon, Mays,
Boggess, Graves, McAfee,
Bostwick,. Guess, McConnell,
Camp, Hamilton, McDonald,
Camron, Hammond, Morris,
Chastam, Heflin, Reeves,
Cone, Henley, Robertson,
Conner, Holmes of Baker, Smith of Twiggs,
Crosby, Hopkins, Speight,
Culbertson, Jemeson, Swain,
Diamond, Jones, W alker,
Dunagan, Kirnzey, Watters,
Echols oi Coweta, Lindsay, Young.
So the Senate refused to reconsider.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary: which was
read, and referred to a select committee, consisting oi
Messrs. Knight, Gordon, and Blackshear.
Executive Depaktment, )
Milledgeville, 24th Nov. 1S40. )
I lay before the Legislature, the copy of a letter received
fram Captain Stephen W. Whitfield, complaining that he
and his company called into the service by Colonel Hall to
repel an Indian invasioA. Lad not been paieL_ I am not
121
authorised by any existing law, to pay this company. I
refer the subject to your consideration, that you may make
such provision for it as the justice of the case require.
charles J. Mcdonald.
The Senate then adjourned until 9 o'clock, Monday
morning.
MONDAY MORNING, November 30, 1840.
The Senate met pursuant to adjournment.
Mr. Harris, of Burke, laid the following resolution on the
table:
Resolved by the Senate and House of Representatives, That
both branches of the General Assembly will adjourn, sine
die, on Tuesday, the 15th of December next, or sooner if
consistent with the public interest.
Also—-A petition from the county of Burke; which was
referred to the Committee on Petitions, without being read.
Mr. McDonald presented a petition from certain citizens
of Mcintosh county; which was refered to a select commit¬
tee, consisting of Messrs. McDonald, Spencer, and Bishop,
without being read.
Mr. Harris, of Burke, laid the following resolution on the
table; which was taken up, read and agreed to.
Resolved, That the Electors of President and Vice Presi¬
dent, be invited to take seats in the Senate Chamber during
their stay in Milledgeville; and be allowed the use of the
Senate Chamber at twelve o'clock, meridian, on Wednesday
next.
The following gentlemen were appointed the committee
of Invitation: Messrs. Harris, of Burke, McAfee, and
Kennon.
The following bills were taken up and severally read a
second time, and committed to a Committee of the Whole:
A bill to alter and amend a part of the first section of the
third article of the Constitution of this State.
A bill to alter and amend the third section of the fourth
article of the Constitution of this State.
A bill to lay out and organise a new county, from the
counties of Hall, Habersham, and Lumpkin.
A bill to incorporate the Irwin Factory Company, in the
county of Irwin.
A bill to incorporate Sugar Maple Grove Academy, in the
county of Stewart, and to appoint trustees for the same.
122
A bill to alter and fix the time of holding elections for
Senators of the several counties of this State.
A bill to compel the several Banks of this State to redeem
their liabilities in specie; and to provide for the forfeiture of
the charter or charters of such as refuse.
A bill to prevent Attorneys at Law from giving evidence
in suits at law in any case where they are employed either
as plaintiff's or defendant's attorney.
A bill to alter and fix the time of holding the Inferior
Courts in the county of Fayette.
A bill to incorporate an institution for the promotion of
christian knowledge and general education, to be called the
Georgia Episcopal Institute and Christ College, at Montpe-
lier, in the county of Monroe.
A bill to regulate and appropriate the common school fund,
so far as respects the county of Wilkinson.
A bill to provide for taking the evidence of parties to suits
at law, to be used on the trial of their causes.
A bill to alter and change the name of Salem, the county
site of Dade county, to that of Trenton.
A bill to repeal all acts establishing election precints in
the different counties of this State.
A bill to amend an act, entitled an act to regulate slaves
and free persons of color, in the counties of Mcintosh and
Liberty, assented to December 21st, 1839.
A bill to authorise certain commissioners therein named,
to establish a lottery, for the purpose of raising the sum of
fifteen thousand dollars, to be appropriated to the expense
of erecting and endowing an academy in the city of St.
Marys, county of Camden.
A bill to compel the commissioners of the Western and
Atlantic Rail Road to pay certain cost, and for other pur¬
poses therein named.
A bill to repeal the act passed on the 23d December, 1839,
entitled an act to authorise all free white citizens of this
State, of one year's residence or longer, to peddle, &c.
A bill to alter and change the line between the counties
of Walker and Dade.
A bill to grant the rights and privileges of citizenship to cer¬
tain persons and their descendants herein named, and to re¬
move all legal disabilities heretofore imposed on said persons.
A bill to authorise Joseph H. Butt, of Marion county, to
plead and practice law in the several courts of law and equi¬
ty in this State, and prescribe his liability touching the same.
A bill to incorporate an academy in the city of St. Marys,
Camden county, and appoint nine trustees for the same, &c.
A bill to authorise constables to serve processes and per¬
form other acts pertaining to their office, in any district in
the county, in certain case^.t.herein specified
123
A bill to make Clerks of the Courts of Ordinary, elective
by the people.
A bill to repeal an act entitled an act to guard and protect
the citizens of this State against the unwarrantable and too
prevalent use of deadly weapons, passed the 25th Decem¬
ber, 1837.
A bill to change the place of holding election precincts in
the county of Jefferson.
A bill to incorporate the Presbyterian Church of Roswell,
Cobb county.
The following bill was taken up, read the second time,
and engrossed for a third reading:
A bill to incorporate South River Academy, in the county
of Butts, and appoint trustees for the same.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk :
Mr. President:—The House of Representatives have pass¬
ed the following bills:
A bill to point out the tribunal and mode for the trial of
questions of citizenship, and to declare what shall be evi¬
dence "in the same.
A bill to pardon Jackson Mahon of Baldwin county.
A bill to change the time of holding the Superior Courts
of the Cherokee Circuit, so far as relates to the counties of
Union, Gilmer, Murray, Walker, Floyd, Chattooga and Dade.
A bill to repeal an act to amend the second section of an
act, passed the 23d December, 1837, to compensate grand
and petit jurors of the Superior and Inferior Courts of the
several counties therein named, so far as relates to the coun¬
ty of Elbert, passed the 27th December, 1838.
A bill to repeal so much of an act passed 23d December,
1839, as relates to the names of certain persons, and to alter
the names of the same, and to legitimatise them and others
herein named, and make them the legal heirs of their reputed
father.
A bill to change and define the line between the counties
of Gwinnett and DeKalb, so as to include the premises of
William Nesbit, immediately on the line in the county of
Gwinnett, on fractional lot, No. 256, in the county of DeKalb.
A bill to authorise the Governor to cause to be paid to the
proper authorities of Gwinnett county, the sum of two hun¬
dred dollars, due said county under the act of 1837, repeal¬
ed, 1838.
A bill to legitimatise and change the name of Stephen
Handly to that of Stephen Harris.
A bill to repeal an act to exempt certain persons from Ju¬
ry and militia duty, in the county of Mcintosh, passed 21st
December, 1S39.
124
A bill to change the place of holding elections, from Hen¬
derson's to the White Sulphur Springs, in Meriwether county.
A bill to extend the corporate limits of the town of For¬
syth, in Monroe county.
A bill to make it the duty of the Judge of the Superior
Courts of the Coweta circuit, to continue the court in Troup
county two weeks.
A bill to amend an act to prevent persons from obstruct¬
ing the free passage of fish up the Altamaha river, by the use
of gill nets or seines over fifty feet in length.
They have also agreed to a resolution abolishing the office
of Geological Surveyor of the State of Georgia.
Also—A resolution authorising the Governor to transmit
with the laws and journals of the present session, to the
county of Hade, six copies of Greene and Lumpkin's Geor¬
gia Justice, and six copies of Dawson's Compilation, for the
use of said county.
Also—A resolution authorising the Governor to pay Sam¬
uel D. Echols, Senator from Coweta county, all the common
school fund due said county.
Also—A resolution authorising the Governor to pay Jarrel
Beasley, Senator from Troup county, the common school
fund due said county of Troup.
Also—A resolution authorising the Governor to pay B.R.
Crosby, Senator from Heard county, the common or poor
school fund for the years 1839 and 1840.
Also—A resolution prescribing the jper diem, pay of the
electors of President and Vice President of the United States,
and authorising said electors to appoint a Secretary to their
body.
Also—Two resolutions, providing for the payment of the
principal and interest on the claims of the heirs of David
McCullough.
Also—A resolution authorising the Governor to draw his
warrant in favor of James Holmes, Senator from Houston,
for the common and poor school fund, due said county of
Houston.
To all of which they desire the concurrence of the Senate.
Mr. McConnell reported a bill to alter and amend an act,
entitled an act to compel Clerks of the Inferior Courts of the
different counties in this State, to claim Estrays levied on
by executions, _ passed 26th December, 1831; which was
read the first time.
Mr. Heflin reported a bill to incorporate the Female Acad¬
emy in Fayetteville, Fayette county, and to appoint trustees
for the same; and to repeal an act to incorporate Fayette
County Academy, passed the 24th December, 1S36; which
was read the first time.
Mr. Calhoun reported a bill to repeal an act, entitled an
act to restrain, prevent, apd away,
125
or tendering in payment, issuing, emitting, passing or circu¬
lating, any bank bills, note, ticket, check, draft, receipt, in¬
strument under seal, or chose in action, intended, designed
or fitted for circulation, instead or in character of either; or
any promise to pay, in writing, to be used, or intended to be
used as paper money, by any bank or other corporation in
this State; or by the agent or agents, officer or officers of
any bank, or other corporations, in this State or elsewhere,
which are, may, or shall be, redeemable or payable at a
longer period of time than three days after the date thereof,
or the issuing or emitting, passing or paying away the same,
or which shall or may be payable in any other manner, or
with any other thing than with gold and silver coin, at the
standard value thereof, according to the laws of the land,
and for other purposes; which was read the first time.
Mr. Smead reported a bill to add a part of the county of
Harris to the county of Talbot; which was read the first
time.
Mr. Williams reported a bill, the more fully to define the
manner and mode of bringing suits and actions at law against
the maker or makers, endorser or endorsers of notes, dis¬
counted at any of the banking institutions of the State of
Georgia; which was read the first time.
Mr. Miller reported a bill to change the place of holding
the Superior and Inferior Courts, in Wayne county ; which
was read the first time.
Mr. Calhoun reported a bill to repeal an act, to prevent
the circulation of bank bills, under the denomination of five
dollars, within this State, passed December 22d, 1832; also,
to repeal the act to amend said act, approved December
22d, 1835; which was read the first time.
Mr. Williams reported a bill to incorporate the Milledge-
ville Turnpike Company; which was read the first time.
Mr. Knight, from the select committee, reported a bill to
compensate certain volunteer companies, in the counties of
Lowndes and Ware, for services performed in the year 1838,
and appoint a commissioner to audit the same; which was
read the first time.
The bill from the House of Representatives, for the pardon
of Jackson Mahon, was taken up and read the first time,
and one hundred copies of the evidence ordered to be printed.
Mr. Kennon laid the following preamble and resolution on
on the table, to wit :
The Baltimore American says the packet ships for Havre
for some time past have been taking out quantities of specie
from this country, to pay our debts to France. The Ville
de Lyons, which sailed from New York on Monday, took out
one hundred thousand dollars in coin. The New York Ex¬
press intimates that three millions have gone in this way
during some months past.
126
If it is asked why this amount of specie is thus drawn
from the country, the answer will be, to pay for the French
silks, wines and brandies, and the other luxuries consumed
by us.
The cost of the silks imported into the United States dur¬
ing the year ending 30th September, 1839, was nearly twen¬
ty-three millions of dollars. Most of these came from Franee.
There are two considerations which present themselves
to the mind in view of our commercial intercourse with
France; one is the unequal position which the two countries
relatively occupy, indicating a total want of reciprocity.—
French commodities are admitted into our ports, almost free
of duties, under this system.
The exports from France to this country have increased
with astonishing rapidity. To this excessive liberality on
our part, there is no corresponding liberality on the part of
France—the reverse being the case. While the United
States go on to one extreme, France goes on to the other.—
We admit her commodities on the most favorable terms;
whilst she imposes upon ours the most onerous restrictions.
Her duties on American tobacco, range from five hundred
to eight hundred per cent.; and, in addition to this, no com¬
petition of buyers is allowed. The Government holds the
monopoly and is the exclusive purchaser.
It is useless to talk of reciprocity and to complain of in¬
justice, while the royal monopoly is profitable, and the mar¬
ket in this country continues open to French goods. The
French Government beholds a rich revenue flowing into its
Treasury from their tobacco duties; and they witness a
growing demand for French goods in these Unted States.—
Why should a change be desirable by France ?
Thus, then, stands our relations with France. We receive
her silks, brandies, and wines, almost without duty; and
when in return we seek admittance for our tobacco, she
refuses, except under heavy restrictions. The consequence
is, specie must go from this country to pay our French debt.
But are French silks, brandies, and wines, articles of neces¬
sity, which we cannot do without ? This leads to the second
consideration involved in this subject, and in view of it we
may see another reason why a good policy would be consult¬
ed in laying duties upon those commodities of French pro¬
duction ; as they are articles of luxury, the burden of the
duties would not fall on the poor but on the wealthy; or on
those who might choose through vanity or love of indulgence
to make use of them. Therefore,
Be it resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That our Senators
in Congress be instructed, and our Representatives request¬
ed, to use their best efforts to have a law passed at the ensu-
127
ing session of Congress, to tax all French wines, silks, and
brandies, in proportion to the one which they lay upon our
tobacco in their ports.
And be it farther resolved, That his Excellency the Gover¬
nor, cause a copy of the above preamble and resolutions to
be transmitted to each of our Senators and Representatives
in Congress.
The Senate took up the engrossed bill, to alter and amend
the road laws of this State, so far as relates to compelling
ordained ministers of the Gospel to work roads.
The bill was then 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 49.
Those who voted in the affirmative are Messrs.
Adams, Echols of Coweta, Mays,
Beall, Floyd, McConnell,
Bishop, Glover, Minter,
Blackshear, Godard, . Moore,
Bryan of Macon, Goode, Reid,
Bryan of Stewart, Griggs, Robertson,
Calhoun, Guess, Smith of Bryan,
Camp, Hamilton, Speight,
Camron, Harris of Warren, Strickland of Tatt-
Cone, Heffin, nail,
Conner, Henley, Thomas,
Cox, Holmes of Baker, Waldhour,
Creach, Holmes of Houston,Warthen,
Crosby, Hopkins, Watters,
Culbertson, Jones, Williams,
Diamond, Lindsay, Williamson.
Dunagan, Loveless,
Those who voted in the negative, are Messrs.
Beasley, Graves, Neal,
Boggess, Hammond, Smead,
Bulloch, Jemeson, Smith of Twiggs,
Chastain, Janes, Spencer,
Christian, McDonald, Stapleton,
Dart, Miller, Strickland of Ware,
Echols of Walton, Morris, Young.
Gonder,
The Senate took up the engrossed bill, to alter the third,
seventh and twelfth sections of the first and second articles,
of the third section and third article, and the fifteenth section
and fourth article of the Constitution of the State.
The bill was then read the third time, and on the question,
shall this bill now pas£ ? the yeas and nays were required to
be recorded, and are yeas 69, nays 1-3.
128
Those who voted in the affirmative, are Messrs.
Adams,
Beall,
Beasley,
Boggess,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Camp,
Carnron,
Chastain,
Christian,
Cone,
Conner,
Cox,
Creach,
Crosby,
Culbertson,
Dart,
Diamond,
Dunagan,
Echols of Coweta,
Echols of Walton,
Floyd,
Fryer,
Godard,
Goode,
Graves,
Griggs,
Guess,
Hamilton,
Hammond,
Harris of Burke,
Harris of Warren,
Heflin,
Henley,
Holmes of Baker,
McConnell,
McDonald,
Minter,
Morris,
Reeves,
Reid,
Robertson,
Smead,
Smith of Bryan,
Smith of Twiggs,
Speight,
Spencer,
Holmes of Houston,Stapleton,
Hopkins,
Jemeson,
Janes,
Jones,
Kimzey,
Knight,
Lindsay,
Loveless,
Mays,
McAfee,
Strickland of Tatt¬
nall,
Strickland of Ware,
Swain,
Tomlinson,
Vincent,
Waldhour,
Walker,
Watters,
Young.
Those who voted in the negative, are Messrs.
Bishop, Kennon, Thomas,
Blackshear, Miller, Warthen,
Calhoun, Moore, Williams,
Glover, Neil, Williamson.
Gonder,
So the bill passed.
The Senate went into committee of the whole, on the bill
to form a new Judicial circuit, to be known and called the
Southwestern circuit, and to appoint the times of holding the
courts therein: Mr. Spencer in the Chair.
The President resumed the Chair; the bill was reported
with an amendment; and on the question, shall this bill now
pass? the yeas and nays were required to be recorded, and
are yeas 47, nays 31.
Those who voted in the affirmative, are Messrs.
Beall,
Beasley,
Bishop,
Blackshear,
Bryan of Macon,
Bulloch,
Calhoun,
Christian,
Cox,
Creach,
Bryan of Stewart, Dart,
Floyd,
Glover,
Godard,
Gonder,
Goode,
Graves,
129
Lindsay,
Harris of Burke, Miller,
Harris of Warren, Minter,
Henley, Moore,
Holmes of Baker, Neal,
Holmes of Houston,Reid,
J anes, -Smead,
Jones, Smith of Bryan
Kennon, Spencer,
Knight, Stapleton-,
Those who voted in the negative, are Messrs.
Strickland of Tatt¬
nall,
Strickland of Ware,
Thomas,
Tomlinson,
Waldhour,
Warthen,
Williams,
Williamson.
Adams,
Boggess,
Camp,
Chastain,
Cone,
Conner*
Crosby,
Culbertson,
Diamond,
Dunagan,
Echols of Walton, McConnell,
Guess,
Hamilton,
Hammond,
Heffin,
Hopkins,
Jemeson,
Kimzey,
Loveless,
Mays,
Echols of Coweta, McAfee,
So the bill passed.
McDonald,
Reeves,
Robertson,
Smith of Twiggs,
Speight,
Swain,
Walker,
Watters,
Young.
The Senate went into committee of the whole, on the bill
to authorise Evin Howell, of the county of Gwinnett, to es¬
tablish a ferry across the Chattahoochee river, on his own
land: Mr. Calhoun in the Chair.
The President resumed the Chair; the bill was reported
with an amendment.
The bill was read the third time and passed.
Leave of absence was granted to the Senators from Pu¬
laski and Jefferson.
The Senate then adjourned to 3 o'clock, this afternoon.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The following bills of the House of Representatives were
severally taken up and read the first time, to wit:
A bill to establish and fix the fees of sheriffs, constables,
and other officers, in certain cases.
A bill to authorise the sheriffs of Troup county to adver¬
tise their sales in some one of the public gazettes in Colum¬
bus. Ceorma-
130
A bin to authorise the sheriffs, clerks of Superior, Inferior,
and Ordinary Courts of the county of Campbell, to insert
their advertisements in any of the public gazettes in the
Coweta circuit.
A bill to repeal an act, assented to December 28th, 18-38,
to compensate grand and petit jurors in the county of Macon,
and to compensate the petit jurors of Jones county, so far as
relates to the county of Macon.
A bill to form additional precincts in the county of Houston.
A bill to change and define the line between the counties
of Gwinnett and DeKalb, so as to include the premises of
William Nesbit, immediately on the line in the county of
Gwinnett, on fraction lot No. 256, in the county of DeKalb.
A bill to make it the duty of the Judge of the Superior
Court of the Coweta circuit, to continue the court in Troup
county two weeks.
A bill to point out the tribunal and mode for the trial of
questions of citizenship, in certain cases, and to declare what
shall be evidence in the same.
A bill to define the liability of the several Rail Road com¬
panies in this State, for the loss of stock killed or wounded
by the running of cars or locomotives on their roads respec¬
tively, and to regulate the proceedings in such cases.
A bill to amend an act relating to usurious contracts, as¬
sented to December 23d, 1822.
A bill to alter and fix the time of holding the Inferior
Courts in the county of Muscogee.
A bill to repeal an act, entitled an act to consolidate the
offices of tax collector and receiver of tax returns, so far as
respects the counties of Baldwin, Chattooga, Franklin, Gwin¬
nett, Heard, Upson, Wilkes, Mcintosh, Thomas, Jefferson,
Cobb, Hancock, Dooly, and Marion, passed on the 9th day
of December, 1839, so far as relates to the county of Upson.
A bill to compel the several banks of this State to redeem
their respective liabilities in specie; and to provide for the
forfeiture of the charter or charters of such as may refuse-
On motion of Mr. Jones, one hundred copies were order¬
ed to be printed.
A bill to amend an act entitled an act to prevent persons
from obstructing the free passage of fish up the Altamaha
river, by the use of gill-nets or seines over fifty feet in length.
A bill to repeal so much of an act, passed 23d December,
1839, as relates to the names of certain persons, and to alter
the names of the same, and to legitimatize them and others
therein named, and make them legal andj.awful heirs of their
reputed father.
A bill to change the place of holding elections, &c.
A bill to authorise the sheriff of Meriwether county, to sell
the State's interest in lot of land No. 23, in the eleventh dis¬
trict of formerly Troup, MpriwprW jaunty; and the
131
sheriffs of the several counties in this State, to sell all lands
in their respective counties, in which the State may have an
interest derived from fraudulent draws.
A bill to add an additional section to the eighth chapter of
the penal code of the State of Georgia y and to provide for
the punishment of free white persons, for receiving stolen
goods from negroes and free persons of color.
A bill to establish a general system of Education by com¬
mon schools, assented to 26th December, 1837; also, an act
to amend ah act to establish a general system of Education
by common schools, assented to 29th December, 1838 ; and
to change the common school fund in the State of Georgia
to a poor school fund, and provide for distributing the same.
A bill to extend the corporate limits of the town of For-
syth, in Monroe county.
A bill to alter and amend the ninth section of the Judiciary
act of 1799, and the first section of an act relative to execu¬
tors, passed December 14th, 1811.
A bill to repeal an act entitled an act to organise the office
of Adjutant-General of the State of Georgia, passed on the
28th of December, 1836.
A bill to amend the second section of an act entitled an
act for the better protection of orphans and their estates,
passed on the 18th day of February, 1799, approved 22d
December, 1828.
A bill to authorise the Justices of the Inferior Court of
Macon county, to levy an extra tax for the year 1841.
A bill to alter and change the names of certain persons
therein named, and to legitimatize the same.
A bill to legitimatize and change the name of Stephen
Handley to that of Stephen Harris.
A bill [to repeal an act entitled an act to exempt certain
persons from jury and militia duty, in the county of Mcin¬
tosh, passed 21st December, 1839.
A bill to amend an act entitled an act to establish a tribu¬
nal for the trial of slaves within this State, passed 16th De¬
cember, 1811, so far as relates to the county of Mcintosh.
A bill to repeal so much of an act passed the 25th Decem¬
ber, 1827, as relates to the consolidation of the offices of tax
collector and receiver of tax returns of the county of Floyd.
A bill to repeal so much of the third section of an act pass¬
ed the 24th December, 1835, entitled an act to alter and
amend an act to change the names of certain persons therein
mentioned, and to legitimatise those persons whose names
are so changed, as far as relates to the legitimatising and in¬
vesting Caroline Amanda Tuttle, formerly Caroline Amanda
Graham, with the rights and privileges of an heir at law of
her reputed father, James Tuttle of Scriven county.
A bill to repeal an act entitled an act to amend the second
section of an act, passed the 23d day of December, 1837,
132
entitled an act to compensate the grand and petit jurors of
the Superior and Inferior Courts of the several counties
therein named, so far as relates to the county of Elbert,
passed the 27th day of December, 1838.
A bill to authorise his Excellency the Governor, to pay
over to the Senator of Mcintosh county, all arrearages due
said county, from the poor school fund, to be applied to the
purposes of Education for said county.
A bill to authorise the Justices of the Inferior Court of the
county of Pike, to apply the county fund of said county for
the support of the invalid poor.
A bill to permit the sheriff of Houston county to advertise
his sales in any public gazette printed in the city of Macon,
or any paper in the State ; and to authorise the sheriffs of
certain counties therein named, to publish advertisements in
any paper in the Northern circuit, under certain provisions.
A bill to change the time of holding the Superior Courts,
so far as relates to the counties of Union, Gilmer, Murray,
"Walker and Floyd.
A bill to authorise his Excellency the Governor, to cause
to be paid over to the proper authorities, the sum of two
hundred dollars due the county of Gwinnett, under the act
of 1837, repealed 1838.
On motion of Mr. Reid,
The Senate adjourned until 9 o'clock, to-morrow morning.
TUESDAY MORNING, December, 1, 1840.
The Senate met pursuant to adjournment.
Mr. Harris, of Burke, presented a petition from certain
citizens of Burke county; which was referred to a special
committee, consisting of Messrs. Harris, of Burke, Miller,
and Blackshear, without being read.
On motion of Mr. Cone,
The following resolutions of the House of Representatives
were taken up, read and concurred in, to wit:
Resolved, by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That the compen¬
sation to the Electors of President and Vice President, in this
State, shall be eight dollars per day while in actual service,
and eight dollars for every twenty miles of travel to the seat
of Government, and back to their places of residence; and
that the amount paid to the Electors of the present year,
shall be charged to the contingent fund.
133
And be it further resolved, That his Excellency the Gov¬
ernor, be requested to pay the several sums so allowed, out
of the contingent fund, and that they be allowed a Secretary,
at the same rate per diem.
Mr. Beall, Chairman of the Committee on Finance, made
the following report; which was taken up, read and agreed
to, to wit:
The Committee on Finance, to whom was referred the re¬
port of the Comptroller and Treasurer, with the State of
Georgia, report:
They have carefully examined the different items and cal¬
culations, and find them neatly kept and correctly made.—
The receipts into the Treasury amount for the present polit¬
ical year, to five hundred and ninety-nine thousand five hun¬
dred and twelve dollars eighty-five cents ; and the expendi¬
tures for the same time of five hundred and eight thousand
nine hundred and eighty-seven dollars seventy-seven cents ;
leaving a balance of ninety thousand five hundred and twen¬
ty-seven dollars and eight cents.
Your committee further report that they have examined
into the general order of the offices of Comptroller and Trea¬
surer, and find then in a condition reflecting credit upon the
respective officers under whose control they are. Your com¬
mittee recommend that the vendue tax, which is now given
to the different cities, be hereafter collected as other taxes
are, and paid into the Treasury of the State, for the use of
the State. They find that the taxes owing upon vendue
licenses paid into the Treasury the present political year,
did not amount to four hundred dollars. Whereas, in for¬
mer years, when the wdiole was paid into the Treasury, it
frequently went as high as nine thousand dollars, and never
fell under two thousand dollars.
Mr. Williamson, Chairman of the Committee on the Judi¬
ciary, made the following report ; which was taken up, read
and agreed to, to wit:
The Judiciary Committee, to whom was referred the com¬
munication of his Excellency the Governor, on the subject
of the construction to be given to the tax act for the year
1840, beg leave to report that they have had the same under
consideration, and are of opinion that the State is not enti¬
tled to any portiou of the tax collected in the year 1840.
The money raised from taxes the present year, is from
the returns of taxable property in the year 1839; the law
then gave to the counties the entire tax. The act to which
the Governor directs the attention of the Legislature, is an
act to impose, levy, and collect a tax for 1840. The tax
imposed and levied for the year 1840, is not collected until
1841. Youy committee are, therefore, of the opinion that
the monej, collectoTlhyLSIC^r'J^ Tw thn mf nf
134
1838, which gives it all to the counties. And your commit¬
tee would recommend the passage of the following resolu¬
tion, to wit:
Resolved, That the Treasurer be required to pay to the
counties which have already paid their taxes into the Trea¬
sury this year, such sums as each may have paid.
On motion of Mr. Guess,
The following bill from the House of Representatives was
taken up, read the second time and referred to a committee
of the whole ; made the special order of the day for Monday
next, and one hundred copies ordered to be printed.
A bill to repeal an act to establish a general system of
Education by common schools, assented to 26th December,
1837; also, an act to amend an act to establish a general
system of Education by common schools, assented to 29th
December, 1838; and to change the common school fund in
the State of Georgia, to a poor school fund, and provide for
distributing the same.
Mr. Miller laid the following on the table, which was or¬
dered to be put on the Journal.
The undersigned Senators who voted on Friday last,
against the resolutions which passed the Senate, in relation
to a National Bank, the Tariff, and Internal Improvement by
the General Government, take this mode of expressing their
opinions on those subjects ; premising that they voted against
said resolutions, because by the operation of the previous
question, they were forced to vote for or against the whole;
when, if the vote had been taken separately on each resolu¬
tion, they would have voted in favor of some of them.
First—We believe the General Government to be one of
delegated and limited powers, and that it cannot, without
usurpation, exercise any power not expressly granted by the
Constitution, or which is not necessary and proper to carry
into effect a power granted in that instrument; and we be¬
lieve a National Bank a necessary and proper means to be
used by the General Government in the collection, transfer,
and disbursement of its revenue; that it will tend to equal¬
ise exchange, and to afford a sound currency to the people
of the United States.
Second—We believe that the power to impose a Tariff for
the protection of domestic manufactures, or to appropriate
the public revenue for Internal Improvement in the several
States, is not granted to Congress by the Constitution, and
is not necessary and proper to carry into effect any power
granted by that Instrument.
Third—We believe that the exercise of any powers not
expressly granted, or not necessary and proper to carry the
powers so granted into effect, is fraught with manifest injus¬
tice, injury and ruin to the prosperity of the Southern States,
on/t rlnritrpmiis to the eoTvtmurmce of this Union.
135
Fourth—We believe that the State Governments, deriving
their powers directly from the people of the respective States,
may do any thing for the benefit and interest of the people,
which is . not prohibited by the Constitution of the United
•States, or those of the respective States.
Andrew J. Miller, of Richmond county,
George H. Harris, of Burke,
Charles Kennon, of Harris,
-J. S. Calhoun, of Muscogee,
(Peter J. Williams, of Baldwin,
C. W. Christian, of Elbert,
X S. Vincent, of Clark,
D. B. Creech, of Montgomery,
Levi J. Knight, of Lowndes,
•James Godard, of Jones,
John C. Waldhour, of Effingham,
T. J. Warthen, of Washington,
James Holmes, of Houston,
Jasper M. Gonder, of Hancock,
A. Thomas, of Oglethorpe,
E. Glover, of Jasper,
John N. Williamson of Newton,
George Stapleton, of Jefferson,
Daniel O. Neal, of Decatur,
James Strickland, of Ware,
Henry Strickland, of Tattnall,
U. J. Bulloch, of Bibb,
Thomas W. Goode, of Upson,
James Griggs, of Putnam,
L. Bryan, of Stewart,
■ John Harris, of Warren,
A. B. Reid, of Monroe,
John Bryan, of Macon,
Solomon Smith, of Bryan,
J. M. Minter, of Marion,
Jarrel Beasley, of Troup,
Ben. B. Moore, of Lincoln,
S. Spencer, of Liberty,
H. P. Smead, of Talbot,
Joshua H. Fryer, of Telfair,
Oliver W. Cox, of Henry,
Stewart Floyd, of Morgan,
Thomas E. Blackshear, of Thomas,
Winkfield Wright, of Laurens.
On motion of Mr. Dawson,
The Journals are to be amended by inserting the follow¬
ing, as an amendment to the foregoing protest, to wit:
The undersigned Senators, being absent when the vote
was taken in the foregoing protest, take this method of ex-
136
pressing their entire concurrence in the opinions expressed
in said protest*
Sigleton Harris, of Taliaferro county,.
Thomas H. Dawson, of Columbia,
U. Dart, of Glynn;,
William Janes, of Lee,
Jared Tomlinson, of Sumter-
The Senate took up the engrossed bill to incorporate South
River Academy, in the county of Butts, and to appoint trus¬
tees for the samewhich was read the third time and passed-
The Senate also took up the engrossed bill, for the relief
of Solomon Spurlock, John P. Glover, sen., and John P.
Glover, jun., securities of William E. Glover; which 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 73y
nays 8.
Those who voted in the affirmative, are Messrs-
Adams, Godard, Miller,
Beall, Gonder, Morris,
Beasley, G'oode, Neal,
Bishop, Graves, Rainey,
Blackshear, Griggs, Reid,
Boggess, Guess, Robertson,
Bryan ol Macon, Hamilton, Smead,
Bryan of Stewart, Hammond, Smith of Bryan,
Calhoun, Harris of Warren, Smith of Twiggs,
Camp, Heflin, Spencer,
Camron, Henley, Stapleton,.
Chastain, Holmes of Baker,, Strickland of Tatt-
Christian, Holmes of Houston, nail,
Conner, Hopkins, Strickland of Ware,
Cox, Jemeson, Swain,
Crosby, Janes, Thomas,
Culbertson, Jones, Tomlinson,
Hart, Kimzey, Yincent,
Dawson, Knight, Waldhour,
Diamond, Lindsay, Walker,
Dunagan, Loveless, Warthen,
Echols of Coweta, Mays, Watters,
Echols of Walton, McAfee, Williams,
Fryer, McConnell, Young.
Glover, McDonald,
Those who voted in the negative, are Messrs..
Bulloch, Harris of Burke, Speight,
Creach, Kennon, Williamson
Floyd, Moore,
137
The Senate went into Committee of the Whole, on the bill
to authorise William B. Dudley, of the county of Elbert, to
establish a ferry across Broad River, on his own land, and
to regulate the rates of ferriage thereof; and to regulate the
rates of ferriage of Henry E. Nash's ferry, on said river: Mr.
Jones in the Chair.
The President resumed the Chair; the bill was reported
without amendment; the report was agreed to. The bill
was then read the third time and passed under the title thereof.
The Senate went into Committee of the Whole, on the bill
more effectually to prevent illegal voting : Mr. Floyd in the
Chair.
The President resumed the Chair; the bill was reported
without an amendment, and ordered to lay on the table for
the present.
The Senate went into a Committee of the Whole, on the
bill to enlarge the duties of the Western and Atlantic Rail
Road Commissioners, so as to authorise them to purchase
lands for depots, and trading towns, and to lay out the same
into streets and lots, and sell the said lots and apply the pro¬
ceeds to defraying the expenses of the road, and to permit
the Hiwassee Rail Road Company to extend their road to
our terminus on the Branch route, leading to Red Clay, and
to authorise an extension of the Road: Mr. Millen in the Chair.
The President resumed the Chair; the bill was reported
with amendments, and one hundred copies ordered to be
printed.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
Mr. President:—The House of Representatives have pass¬
ed the following bills:
A bill to regulate the trial of Divorce cases.
A bill for the relief of Executors, Administrators, and
Guardians, in certain cases ; and to prescribe and define ad¬
ditional duties and-liabilities of the Clerks of the Courts of
Ordinary, in this State.
A bill to add a part of the twenty-fifth district of Chat¬
tooga county, to the county of Floyd; and more fully to de¬
fine and provide for the running of the dividing line between
the counties of Chattooga and Floyd.
A bill to amend the act to extend to all persons imprisoned
for debt, the privilege of prison bounds, approved the 22d
December, 1821, and the amendatory act thereof, approved
21th December, 1824.
A bill to authorise certain persons therein named to plead
and practise law in the several courts of law and equity in
this State ; and to prescribe their liability touching the same.
A bill to add the residence of Eli Jones, now in the courvj
ty of Clark, to the county of Walton.
138
A bill to repeal an act to alter an act for the better select¬
ing grand and petit jurors for the several counties in this
State, passed on the 7th December, 1805, so far as respects
the counties of Floyd, Walker, Gilmer, Union, Lumpkin,
Forsyth, Cass, Cherokee, Paulding and Cobb, assented to
December 22d, 1835.
They have also agreed to a resolution requesting our Sen¬
ators and Representatives in Congress to procure the estab¬
lishment of a certain mail route.
Also—A resolution authorising the Governor to furnish the
Savannah Volunteer Guards with eighty muskets.
Also—A resolution authorising the Treasurer to refund to
the counties which have already paid their taxes into the
Treasury this year, such sums as each may have paid.
To all which the concurrence of the Senate is desired.
The Senate went into committee of the whole, on the bill
to alter and amend an act passed 21stDec'r, 1839, entitled
an act, to alter and amend an act, entitled an act to appoint
additional Commissioners on the Ohoopie and Canoochee
rivers, in the county of Tattnall, passed 27th December,
1839, &c., so far as the said amendatory act of 1839, re¬
quires an immediate application of one half of the fund set
apart for the improvement of the Ohoopie river below Brazil's
creek; to appoint additional commissioners upon the Ohoopie
river, and for other purposes: Mr. Harris, of Warren, in the
Chair.
The President resumed the Chair; the bill was reported
without an amendment; the report was agreed to. The bill
was read the third time and passed under the title thereof.
Mr. Spencer laid on the table the following resolution:
Resolved, That the bills which stand for committee, be
taken up as reports of the Committee of the Whole, except
when otherwise ordered by the Senate.
The Senate then went into Committee of the Whole, on
the bill to amend the acts incorporating the Bank of Mil-
ledgeville with Banking and Insurance privileges, located at
Milledgeville, and to change the name of said Bank: Mr.
Moore in the Chair.
The President resumed the Chair; the bill was reported
without amendment; the report was agreed to; the bill
was read the third time and passed under the title thereof.
The Senate went into Committee of the Whole, on the
bill to incorporate the Oxford Female Academy, in the county
of Newton, and appoint trustees for the same: Mr. Gonder
in the Chair.
The President resumed the Chair ; the bill was reported
without amendments; the report was agreed to; the bill
was read the third time and passed under the title thereof.
The Senate went into Committee of the Whole, on the. bil1
to authorise John J. Dpckh of the county ofJFloyd, to cstab*
139
lish a ferry across the Oostenauly river, on his own land:
Mr. Graves in the Chair.
The President resumed the Chair; the bill was reported
without amendment; the report was agreed to; the bill was
then read the third time and passed under the title thereof.
The Senate went into a Committee of the Whole, on the
bill for the relief of Executors, Administrators, and Guar¬
dians, in certain cases ; and to point out the manner in which
their settlements shall be made: Mr. Williamson in the
Chair.
The President resumed the Chair; the bill was reported
with amendments; the bill was read the third time, and on
motion of Mr. Jones, was referred to the Committee on the
Judiciary.
The following message was received from his Excellency
the Governor, by Mr. Home, his Secretary :
Mr. President:—I am directed by his Excellency the Gov¬
ernor, to lay before this branch of the General Assembly, his
communication, with the accompanying document.
On motion,
The following communication from his Excellency the
Governor, was taken up and read :
Executive Department, >
Milledgeville, December 1st, 1840. )
I have the honor to transmit the copy of a letter from Ma¬
jor-General Ezekiel Wimberly, resigning his command of
the sixth division of Georgia militia.
[Signed] CHARLES J. McDONALD.
The Senate went into Committee of the Whole, on the
bill to alter and amend an act entitled an act to carry into
effect the sixth section of the fourth article of the Constitu¬
tion, touching the distribution of intestate estates : Mr. Reid
in the Chair.
The President resumed the Chair; the bill was reported
without an amendment; the report was agreed to.
The bill was then 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 56, nays 21.
Those who voted in the affirmative, are Messrs.
Beall, Cone, Fryer,
Bishop, Conner, Glover,
Blackshear, Cox, Gonder,
Bryan of Macon, Creach, Goode,
Bryan of Stewart, Culbertson, Graves,
Bulloch, Dart, Griggs,
Calhoun, Dawson, Guess,
Christian, Elovd. Hammond,
140
Strickland of Tatt¬
nall,
Strickland of Ware,
Thomas,
Tomlinson,
Vincent,
Waldhour,
Warthen,
Williams,
Williamson,
Young.
Harris of Burke, Miller,
Harris of Warren, Minter,
Henley, Moore,
Holmes of Houston,Morris,
Janes, Neil,
Jones, Reid,
Kennon, Smead,
Kimzey, Smith of Bryan,
Knight, Smith of Twiggs,
Lindsay, Spencer,
Loveless, Stapleton,
Those who voted in the negative, are Messrs.
Adams, Echols of Coweta, McAfee,
Beasley, Echols of Walton, McConnell,
Camp, Godard, Rainey,
Chastain, Hamilton, Reeves,
Crosby, Heflin, Speight,
Diamond, Jemeson, Swain,
Dunagan, Mays, Walters.
On motion of Mr. Graves,
The Senate adjourned until 9 o'clock, to-morrow morning.
WEDNESDAY MORNING, December 2, 1840.
The Senate met pursuant to adjournment.
Mr. Echols, of Walton, moved to reconsider so much of
the Journals of yesterday, as relates to the passage of the
bill " to alter and amend an act entitled an act, to amend an
act entitled an act, to carry into effect the sixth section of
the fourth article of the Constitution, touching the distribu¬
tion of intestate estates."
On which motion, the yeas and nays were required to be
recorded, and are yeas 26, nays 56.
Those who voted in the affirmative, are Messrs.
Adams, Godard, Morris,
Beasley, Hamilton, Rainey,
Camp, Heflin, Reeves,
Chastain, Holmes of Baker, Robertson,
Crosby, Hopkins, Speight,
Diamond, Jemeson, Swain,
Dunagan, Mays, Walker,
Echols of Coweta, McAfee, Watters.
Echols of Walton, MoUoimeil,
141
Those who Voted in the negative are Messrs.
3eall,
3ishop,
llackshear,
3oggess,
3ryan of Stewart,
3ulloch,
3alhoun,
lamron,
Christian,
Goode,
Graves,
Griggs,
Guess,
Hammond,
Harris of Burke,
Neal,
Reid,
Smead,
Smith of Bryan,
Smith of Twiggs,
Spencer,
Harris of Taliaferro,Stapleton,
Harris of Warren, Strickland of Tatt-
Holmes of Houston, nail,
3one,
Janes,
Strickland of Ware,
lonner,
Kennon,
Thomas,
lox,
1 reach,
Kimzey,
Tornlinson,
Knight,
Vincent,
)art,
Lindsay,
Waldhour,
Jawson,
Loveless,
Warthen,
loyd,
'ryer,
Uover,
McDonald,
Williams,
Miller,
Williamson,
Minter,
Wright,
ionder,
Moore,
Young.
So the motion was lost.
Mr. Holmes, of Baker, reported a bill to amend an act,
ititled an act, to grant to Thomas Spalding and his asso-
ates, the right of constructing a rail road of wood, or
gging a canal, from the Ocmulgee to the Flint River, with
;rtain privileges, approved 22nd December, 1837 ; which
as read the first time.
Mr. Smith, of Twiggs, laid the following on the table :
Resolved, That both branches of the General Assembly
ill convene in the Representative Chamber, on Thursday
:xt, at three o'clock, for the purpose of proceeding to the
ection of a Major General, to fill the vacancy of Major
eneral Ezekiel Wimberly, resigned.
Mr. Jones reported a bill to form a new county of parts
' the counties of Paulding, Cobb, Campbell, and Carroll;
hich was read the first time.
Mr. Miller moved to take up the message from the House
' Representatives ; which was amended by a. motion of
r. Echols, of Walton, to take up the order of the day.
On which motion, the yeas and nays were required to be
corded, and are yeas 41, nays 44.
Those who voted in the affirmative, are Messrs.
lams, Camron, Diamond,
sail, Chastain, Dunagan,
shop, Cone,
iggess, Conner,
imp; Crosby,
Echols of Coweta,
Echols of Walton,
Graves,
142
Kimzey,
Lindsay,
Loveless,
Mays,
McAfee,
McConnell,
McDonald,
Morris,
Rainey,
in the negative, are Messrs.
Reeves,
Robertson,
Smith of Twiggs,
Speight,
Swain,
Walker,
Watters,
Young.
Gonder,
Goode,
Griggs,
Harris of Burke,
Smead,
Smith of Bryan,
Spencer,
Stapleton,
Guess,
Hamilton,
Hammond,
Heflin,
Henley,
Holmes of Baker,
Hopkins,
Jemeson,
Jones,
Those who voted
Beasley,
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Calhoun,
Christian,
Cox,
Creach,
Dart,
Dawson,
Floyd,
F ryer,
Glover,
Godard,
Mr. Guess, Chairman of the Committee on Petitions, made
the following report:
The committee to whom was referred the petition of Sam¬
uel H. Wilson, and Christopher C. Lewis, of Upson county,
praying to have the county Ik ^ changed, so as to threw
them into Crawford count}^—have had the same under con¬
sideration, and report that they are unable to determine oe
the reasonableness of the application, and recommend tk
the petition be referred to a select committee.
The Committee on Petitions, to whom was referred th
communication of his Excellency, the Governor, in relatioi
to the claims of James L. Daniel, and Solomon Jennings-
have had the same under consideration, and report: tte
as no evidence has been furnished in support of the claim t'
James L. Daniel, they can express no opinion in relatk
to it—and ask to be discharged from its further consider,
tion.
That the claim of Solomon Jennings for expenses incurred
in arresting David Patton, (charged with the offence of ru¬
der), and surrendering him to the proper officers in Og
thorpe county, is reasonable and just, in part, and k
recommend that sum of one hundred and fifty dollars'
included in the appropriation bill, and paid to him.
Harris of Taliaferro,Strickland of Tatt-
Harris of Warren,
nail,
Holmes of Houston,Strickland of Ware,
Janes,
Thomas,
Kennon,
Tomlinson,
Knight,
Vincent,
Miller,
Waldhour,
Minter,
W arthen,
Moore,
Williams,
Neal,
Williamson,
Reid,
Wright.
143
The following message was received from the House of
Representatives, by Mr. Cabaniss, their clerk :
Mr. President:—The House of Representatives have
passed the following bills, to wit:
A bill to explain an act, to amend an act, to compensate
the superintendents of precinct elections in the counties of
Troup, Harris, and Richmond, assented to, 23d December,
1839, so far as relates to the county of Troup.
A bill to change the name of Lemuel Ames, to that of
Lemuel Smith.
A bill to authorise the Justices of the Inferior Court of
Oglethorpe county, to levy an extra tax for the purpose of
building a new jail in said county.
A bill to establish an additional election precinct in the
county of Murray.
A bill to incorporate the Sandy Spring Academy in the
county of Murray, and to appoint trustees for the same.
A bill to repeal an act to establish election districts in the
several counties therein named, so far as relates to the coun¬
ty of Harris.
A bill to authorise and empower the Justices of the Infe¬
rior Court of Habersham county, to levy an extra tax for
county purposes.
A bill to repeal an act to alter and fix the time of holding
the Inferior Courts in the county of Twiggs.
A bill to establish certain election precincts, and to change
others therein mentioned.
A bill declaratory of the force and validity of all execu¬
tions or judgments, issued or entered up in behalf of co¬
partners, or against co-partners, where the partnership style
is used or set forth, and the Christian and surname of the
parties are omitted ; and also, to declare the force of bonds
made by partnerships using the common name or style.
A bill to abolish the election precincts in the county of
Jasper.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
Mr. President:-—The House of Representatives have
agreed to the following resolution: to which, they desire the
concurrence of the Senate.
Resolved, That both branches of the Legislature convene
in the Representative Chamber, at 3 o'clock, on Friday next,
for the purpose of proceeding to the election of a Major
General of the sixth division of G. M., to fill the vacancy
occasioned by the resignation of General Ezekiel Wimberly.
I am also directed to invite, the President and members of
the Senate, to be present at the hour of 12 o'clock, this day,
in the Representative Chamber, to witness the session of the
Electoral College of Georgia.
144
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
Mr. PresidentI am directed to inform this branch of the
General Assembly, that the House of Representatives are
now ready to receive the Senate in their Hall, at the meet¬
ing of the Electoral College of Georgia.
Mr. Calhoun called up the following resolution, to wit;
Resolved, That the Senate and House of Represntatives of
the State of Georgia, will meet in the House of Representa¬
tives, on Friday next, the fourth day of December, 1840, at
12 o'clock M., for the purpose of electing a Senator to repre¬
sent the State of Georgia in the Senate of the United States,
for six years from and after the fourth of March next.
Mr. Dunagan offered the following substitute to the origi¬
nal resolution :
Whereas, it is contended by a portion of the present
Legislature, that a majority of the voters of this State are in
favor of the creation of a National Bank, and that it is Con¬
stitutional and expedient, and consequently they are in favor
of electing a Senator to the United States Congress, who
will cast his vote in favor of such an Institution: And
another portion of the Legislature contend that a vast major¬
ity of the voters of this State are opposed to a National
Bank, on the grounds of its unconstitutionality, and its danger¬
ous tendency to subvert the rights and liberties of the people
in general, and particularly on the grounds of its unequal
and prejudiced bearing upon the interest of this State, and
consequently, they are opposed to the election of any man
who will cast his vote, or give his influence in favor of such
an Institution ; and as the session of the present Congress
will end on the fourth of .March next, and the new Senator
will not take his seat till the first Monday in December, 1S41,
Therefore he it resolved, That, in order to give the people
an opportunity to speak out distinctly on this momentous
question, that the election of a United States Senator be
postponed until the meeting of the next General Assembly.
Mr. Graves moved that the Senate now adjourn.
On which motion, the yeas and nays were required to be
recorded, and are yeas 33, nays 47.
Those who voted in the affirmative, are Messrs.
Adams, Conner, Hammond,
Beall, Culbertson, Heflin,
Bishop, Diamond, Hopkins,
Boggess, Dunagan, Jemeson,
Camp, Echols of Walton, Lindsay,
Camron, Graves, Loveless,
Chastain, Guess, Mays,
Cone, Hamilton, McAfee.
145
McConnell, Reeves, Swain,
Morris, Robertson, Walker,
Rainey," Smith of Twiggs, Watters,
Those who voted in the negative, are Messrs.
Beasley, Goode, Smead,
Blackshear, Griggs, Smith of Bryan,
Bryan of Macon, Harris of Burke, Spencer,
Bryan of Stewart, Harris of Taliaferro,Stapleton,
Bulloch, Harris of Warren, Strickland of Tattn'I
Calhoun, Holmes of Houston,Strickland of Ware,
Christian, Janes, Thomas,
Cox, Jones, Tomlinson,
Creach, Kennon, Vincent,
Dart, Knight, Waldhour,
Dawson, McDonald, Warthen,
Floyd, * Miller, Williams,
Fryer, Minter, Williamson,
Glover, Moore, Wright,
Godard, Neal, Young.
Gonder, Reid,
Mr. Miller moved to strike out of the substitute, the words
" another portion."
Mr. Spencer called for the previous question.
On which call, the yeas and nays Were required to be re¬
corded, and are yeas 47, nays 34.
Those who voted in the affirmative, are Messrs.
Beall, Godard, Reid,
Beasley, Gonder, Smead,
Blackshear, Goode, Smith of Bryan,
Bryan of Macon, Griggs, , Spencer,
Bryan of Stewart, Harris of Burke, Stapleton,
Bulloch, Harris of Taliaferro,Strickland of Tattn'I
Calhoun, Harris of Warren, Strickland of Ware,
Christian, Holmes of Houston,Thomas,
Cox, Janes, Tomlinson,
Creach, Jones, Vincent,
Culbertson, Kennon, Waldhour,
Dart, Knight, Williams,
Dawson, Miller, Williamson,
Floyd, Minter, Wright,
Fryer, Moore, Young.
Glover, Neal,
Those who voted in the negative, are Messrs.
Adams, Camp, Conner,
Bishop, Camron, Crosby,
Boggess, Cone, Diamond,
146
Dunagan, Hopkins,
Echols of Coweta, Jemeson,
Echols of Walton, Kimzey,
McDonald,
1
Morris,
Rainey,
Graves,
Guess,
Lindsay,
Loveless,
Mays,
Robertson,
Smith of Twiggs,
Speight,
Swain,
W atters.
Hamilton,
Hammond,
Heflin,
McAfee,
McConnelL
Holmes of Baker,
So the call was sustained.
The original resolution was then read, and agreed to.
On motion of Mr. Holmes, of Baker,
The Senate then adjourned until 3 o'clock, P. M.
The Senate met pursuant to adjournment.
The following bills from the House of Representatives,
were severally taken up, and read the first time.
A bill to explain an act, entitled an act, to amend an act,
to compensate the superintendents of precinct elections, of
Troup, Harris, and Richmond counties, assented to, 23d
December, 1839, so far as it relates to the county of Troup.
A bill to authorise and empower the Justices of,the Infe¬
rior Court of Habersham county, to levy an extra tax for
county purposes.
A bill declaratory of the force and validity of all execu¬
tions or judgments issued or entered up in behalf of co¬
partners, or against co-partners, where the partnership style
is used, or set fort, and the Christian or surname of the par¬
ties omitted—and also, to dec] are the force of bonds made
to partnerships, using the common name or style.
A bill for the relief of Executors, Administrators, and
Guardians, in certain cases, and to prescribe and define
additional duties and liabilities of the Clerks of the Court of
Ordinary in this State.
A bill to add the residence of Eli Jones, now in the coun*
ty of Clark, to the county of Walton.
A bill to establish an additional election precinct in the
county of Murray.
A bill to authorise the Justices of the Inferior Court of
Oglethorpe county to levy an extra tax, for the purpose of
building a new jail in said county.
A bill to repeal an act to alter and fix the time of holding
the Inferior Courts in the county of Twiaas.
Three O'clock, P. M.
147
A bill to abolish the election precincts in the county of
©f Jasper.
A bill to authorise Seaborn N. Jones, and Leonard C.
Simpson, to plead and practice law in the several Courts of
Law and Equity in this State, and to prescribe their liability
touching the same.
A bill to establish certain election precincts, and to change
others therein mentioned.
A bill to change the name of Lemuel Ames, to that of
Lemuel Smith.
A bill to incorporate the Sandy Spring Academy in the
county of Murray, and to appoint trustees for the same.
A bill to repeal an act, entitled an act, to establish elec¬
tion districts in the several counties therein named, so far as
relates to the county of Harris.
A bill to add a part of the twenty-fifth district of Ghattooga
county, to the county of Floyd, and more fully to define and
provide for the running of the dividing line between the
counties of Chattooga and Floyd.
A bill to regulate the trial of divorce cases.
A bill to amend the act to extend to all persons imprisoned
for debt, the privilege of prison bounds, approved the 22nd
day of December, 1821, and the amendatory act thereof,
approved 24th December, 1824.
A bill to repeal an act, entitled an act, to alter an act, for
the better selecting grand and petit jurors for the several
counties of this State, passed on the seventh day of Decem¬
ber, one thousand eight hundred and five, so far as respects
the counties of Floyd, Walker, Gilmer, Union, Lumpkin,
Forsyth, Cass, Cherokee, Paulding, and Cobb, assented to,
December 22nd, 1835.
The following bills from the House of Representatives,
were severally taken up, read the seoond time, and referred
to a committee of the whole.
A bill to pardon Jackson Mahon, of Baldwin county.
A bill to change the time of holding the Superior Courts,
so far as relates to the counties of Union, Gilmer, Murray,
Walker, and Floyd.
A bill to extend the corporate limits of the town of For¬
syth, in Monroe county.
A bill to authorise his Excellency, the Governor, to cause
to be paid to the proper authorities, the sum of two hundred
dollars, due the county of Gwinnett under the act of 1837,
repealed 1838.
A bill to repeal an act, entitled an act, to amend the sec¬
ond section of an-act, passed the 23d December, 1837, en¬
titled an act, to compensate the. grand and petit jurors of
the Superior and Inferior Courts of the several counties
therein named, so far as relates to the county of Elbert,
passed the 27th day of December, 1838.
148
A bill to repeal an act, entitled an act, to organize the
Adjutant General's office.
A bill to authorise the Sheriff's, Clerk of Superior, Infe¬
rior and Ordinary Courts of the county of Campbell, to in¬
sert their advertisements in any of the public gazettes in the
Coweta Circuit. T «
A bill to alter and fix the time of holding the Inferior
Courts in the county of Muscogee.
A bill to repeal so much of an act, passed the 25th De¬
cember, 1837, as relates to the consolidation of the offices of
tax collector, and receiver of tax returns of the county of
Floyd.
A bill to alter and amend the ninth section of the Judiciary
act of 1799, and the first section of an act relative to ex¬
ecutors, passed the 14th December, 1811.
A bill to alter, amend, and change the names of certain
persons therein named, and to legitimatize the same.
A bill to repeal an act, entitled an act, to exempt certain
persons from jury and militia duty in the county of Mcin¬
tosh, passed 21st December, 1839.
A bill to change the place of holding elections, &c.
A bill to establish and fix the fees of Sheriffs, Constables,
and other officers, in certain cases.
A bill to form additional precincts in the county of Hous¬
ton.
A bill to point out the tribunal and mode for the trial of
questions of citizenship, in certain cases, and to declare
what shall be evidence in the same.
A bill to authorise the Sheriff of Meriwether county, to
sell the State's interest in lot of land No. 23, in the eleventh
district, formerly Troup, now Meriwether county; and the
Sheriffs of the several counties in this State, to sell all land
in their respective counties, in which the State may have an
interest derived from fraudulent draws.
A bill to amend an act relating to usurious contracts, as¬
sented to, December 23d, 1822.
A bill to authorise the Sheriffs of Troup county to ad¬
vertise their sales in some one of the public gazettes in Col¬
umbus, Georgia.
A bill to authorise the Justices of the Inferior Court of
Macon county, to levy an extra tax for the year 1841.
A bill to ehange and define the line between the counties
of Gwinnett and DeKalb, so as to include the premises of
William Nesbit, immediately on the line, in the county of
Gwinnett, on fraction lot No. 256, in the county of Gwinnett.
A bill to make it the duty of the Judge of the Superior
Courts of the Coweta Circuit, to continue the Court in
Troup county, two weeks.
A bill to repeal so much of an act, passed 23d December,
1839, as relates to the names of certain persons, and to alter
149
the names of the same, and to legitimatize them, and others
herein named, and to make them legal and lawful heirs of
their reputed fathers.
A bill to authorise the Sheriff of Houston county to ad¬
vertise his sales in any public gazette printed in the pity of
Macon, or any paper in the State ; and to authorise the
Sheriffs of certain counties therein named, to publish their
advertisements in any paper in the Northern Circuit, under
certain provisions.
A bill to amend the second section of an act, entitled an
act, for the better protection of orphans, and their estates,
passed on the 18th day of February, 1799, approved 22nd
-December, 1828.
A bill to amend an -act, entitled an act, to establish a
tribunal for the trial of slaves within this State, passed 16th
December, 1811, so far as relates to the county of Mcintosh.
A bill to authorise the Justices of the Inferior Court of
the county of Pike, to apply the county funds of said
county, for the support of the invalid poor.
A bill to compensate grand and petit jurors in the county
of Macon, and to compensate the petit jurors of Jones coun¬
ty, so far as relates to the county of Macon.
A bill to legitimatize and change the name of Stephen
Handley, to that of Stephen Harris.
A bill to authorise his Excellency, the Governor, to pay
over to the Senator of Mcintosh county, all arrearages due
said county from the poor school fund, to be applied to the
purposes of education for said county.
A bill to amend an act, entitled an act, to prevent per¬
sons from obstructing the free passage of fish up the
the Altamahaw River, by the use of gill-nets or seines over
fifty feet in length.
A bill to repeal so much of the third section of an act,
passed the 24th December, 1835, entitled an act, to alter
and amend an act, to change the name of certain persons
therein mentioned, and to legitimatize those persons whose
names are so changed, as far as relates to the legitimatizing
and investing Caroline Amanda Tuttle, formerly Caroline
Amanda Graham with the rights and privileges of an heir at
law of her reputed father, James Tuttle, of Scriven county.
A bill to define the liability of the several Rail Road Com¬
panies in this State, for the loss of stock killed or wounded,
by the running of cars or locomotives on their roads respec¬
tively, and to regulate the proceedings in such cases.
A bill to add an additional section to the eighth chapter
of the penal code of the State of Georgia, and to provide for
the punishment of free white persons for receiving stolen
goods from negroes, and free persons of color.
The following bill from the House was taken up, read the
•second time, and engrossed for a third reading.
150
A bill to repeal an act, entitled an act, to consolidate the
offices of tax collectors and receiver of tax returns, as far as
respects the counties of Baldwin, Chattooga, Franklin.,
Gwinnett, Heard, Upson, Wilkes, Mcintosh, Thomas, Jef¬
ferson Cobb, Hancock, Dooly, and Marion, passed on the
9th day of December, 1839, so far as relates to the county
of Upson.
The following bills of the Senate, were severally taken
up, read the second time, and committed to a committee of
the whole.
A bill to add a part of the county of Harris, to the county
of Talbot.
A bill to alter and amend an act, entitled an act, to com¬
pel Clerks of the Inferior Courts of the different counties
in this State, to claim estrays levied on by execution, passed
the 26th December, 1831.
A bill the more fully to define the manner and mode of
bringing suits and actions at law against the maker or
makers, endorser or endorsers of notes discounted at any
of the Banking Institutions of the State of Georgia.
A bill to repeal an act to prevent the circulation of bank
bills under the denomination of five dollars, within this State,
passed December 22nd, 1832 ; also, to repeal the act to
amend said act, approved December 22nd, 1835.
A bill to incorporate the Milledgeville Turnpike Company.
A bill to compensate certain volunteer companies in the
counties of Lowndes and Ware, for services performed in
the year 1838, and appoint a commissioner, to audit th®
same.
A bill to change the place of holding the Superior and
Inferior Courts in Wayne county.
A bill to incorporate the Female Academy in Fayette
county, and to appoint trustees for the same, and to repeal
an act to incorporate Fayette County Academy, passed the
24th December, 1836.
A bill to repeal an act,, entitled an act, to restrain, prevent,
and make penal, the paying away or tendering in payment,
issuing, emitting, passing or circulating any bank bills, note,
ticket, check, draft, receipt, instrument under seal, or chose
in action, intended, designed, or fitted for circulation, instead
or in character of either, or any promise to pay in writing,
to be used, or to be intended to be used, as paper money,
fey any bank, or other corporation in this State, or by the
agent or agents, officer or officers of any bank, or other
corporation in this State, or elsewhere, which are, may, or
shall be redeemable or payable at a longer period of time
than three days after the date thereof, or the issuing, emitting,
passing, or paying away, the same, or which shall or may
be payable in any other manner,, or with anv other thing:
151
than with gold or silver coin, at the standard value thereof,
according to the laws of the land, and for other purposes.
On motion,
The Senate adjourned until 9 o'clock, to-morrow morning.
THURSDAY MORNING, December 3, 1840.
The Senate met pursuant to adjournment.
Mr. Spencer moved to take up the following resolution :
Resolved, That bills which stand for committee, be taken
'up as reports of the committee of the whole, except when
otherwise ordered by the Senate ; which was taken up,
read, and agreed to.
Also—the bill to compel the several banks of this State,
to redeem their respective liabilities in specie, and to provide
for the forfeiture of the charter or charters of such as may
refuse ; which was read the second time, and,
On motion of Mr. Gordon,
Was made the special order of the day for Monday next.
On motion, the following resolution was taken up :
Resolved, That both branches of the General Assembly
convene in the Representative Chamber, on Friday next, at
12 o'clock, for the purpose of proceeding to the election of
a Major General, to fill the vacancy of Major General Eze-
kiel Wimberly, resigned.
Mr. Miller offered the following amendment:
Also—at the same time proceed in the unfinished business
of electing a State Printer, agreeably to a concurred reso¬
lution.
On the question to agree to the amendment, the yeas and
•nays were required to be recorded, and are yeas 41, nays 36.
Those who voted
Beasley,
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Christian,
Cox,
Creach,
Dart,
Dawson,
F ry er,
in the affirmative, are Messrs.
Glover, Ilnight,
Godard, Miller,
Gonder., Minter,
Goode, Moore,
Griggs, Neal,
Harris of Burke, Reid,
Harris of Taliaferro,Smead,
Harris of Warren, Smith of Bryan,
Holmes of Houston, Spencer,
Janes, Stapleton,
Strickland of Tattn'l
152
Strickland of Ware,Vincent,
Thomas, Waldhour,
Tomlinson, Williams,
Williamson?
Wright.
Adams,
Beall,
Bishop,
Boggess,
Camp,
Camron,
Cone,
Those who voted in the negative,
Graves,
Guess,
are Messrs.
McAfee,
McDonald,
Hamilton,
Hammond,
Heflin,
Holmes of Baker,
Morris,
Rainey,
Reeves,
jr,. Smith of Twiggs,
Crosby,
Diamond,
Echols of Coweta,
Echols of Walton,
Gordon,
Hopkins,
Jemeson,
Kimzey,
Lindsay,
Loveless,
Mays,
Speight,
Swain,
Walker,
Warthen,
Watters,
Young.
So the resolution was agreed to as amended.
Mr. Guess from the Committee on Petitions, called up the
following report, viz :
The Committee on Petitions, to whom was referred the
petition of Samuel H. Wilson and Christopher C. Lewis, of
Upson county, praying to have the county line changed, so
as to throw them into Crawford county—have had the same
under consideration, and report, that they are unable to de¬
termine on the reasonableness of the application, and recom¬
mend that the petition be referred to a select committee.
The Committee on Petitions, to whom was referred the
communication of his Excellency, the Governor, in relation
to the claims of James L. Daniel and Solomon Jennings—
have had the same under consideration, and report, that, as
no evidence has been furnished in support of the claim • of
James L. Daniel, they can express no opinion in relation to
it—and ask to be discharged from its further consideration.
That the claim of Solomon Jennings, for expenses in¬
curred in arresting David Patton, charged with the offence
of murder, and surrendering him to the proper officers in
Oglethorpe county, is reasonable and just in part, and they
recommend that the sum of one hundred and fifty dollars be
included in the appropriation bill, and paid to him.
Which was read, and' agreed to.
Mr. Graves reported a bill to re-organize the several
Judicial Circuits in this State, and to prescribe the time of
holding the Courts therein, and to define more particularly
the official duties of the several Judges of the Superior
Courts in this State, for the purpose of making uniform, the
rules of practice, as well as the administration of the laws,
in the several circuits thei£QiL2iidJQivat.hp.r purposes ; which
153
was read the first time, and, on motion, one hundred copies
ordered to be printed.
Mr. Dunagan, chairman of the Committee on the Peni¬
tentiary, reported a bill to revise, amend and consolidate
the rules for the government and police of the Penitentiary
of the State of Georgia; which was read the first time.
Mr. Williams reported a bill the more fully and effectually
to provide for the recording of deeds of conveyance of
lands, tenements, hereditaments, bills of sale of negroes, and
other personal property, and'for other purposes ; which was
read the first time.
Also—a bill to give to carpenters and masons an incum¬
brance for debts due them on account of work done, and
materials furnished in building, or finishing, or repairing
houses, on such houses and premises to which they may be
attached, in the town or village of Sandersville, in the coun¬
ty of Washington; which was read the first time.
Mr. Gordon reported a bill to incorporate the First Presby¬
terian Church of Savannah ; which was read the first time.
Mr. Echols, of Coweta, reported a bill to alter a part of
the first section of the third article of the Constitution of the
State of Georgia, which was read the first time.
Mr. Stapleton reported a bill to repeal so much of the tax
act of 1840, as compels persons to pay thirty-one and a
quarter cents upon money loaned on interest; which was
read the third time.
Mr. Minter reported a bill to change the county line from
certain points between the counties of Marion and Muscogee,
so as to make the line straight; which was read the first
time.
Mr. Miller reported a bill to be entitled, an act, to exempt
from patrol duty, the students of the several Seminaries of
Learning in this State ; which was read the first time.
Mr. Bulloch reported a bill to repeal all laws establishing
election precincts in the county of Crawford; which was
read the first time.
Mr. Harris, of Warren, reported a bill to authorise the
Judges of the Superior Courts, or a majority of the Inferior
Courts of their respective counties, to assess a per cent,
upon all sums of money raised by the sale of property under
execution, or executions by a Sheriff or Coroner, in certain
cases ; which was read the first time.
Mr. Jemeson laid the following resolution on the table,
which was taken up, read, and agreed to.
Resolved, by the Senate and House of Representatives, in Gen¬
eral Assembly met, That his Excellency, the Governor, be,
and he is hereby authorised and requested, to forward^ to¬
gether with the Acts and Journals of the present session,
eight copies of the late edition of Prince's Digest, and also,
eight copie':^ffGreen-aud Lumpkin's Georgia Justice, to
154
the county of Union, for the use of the officers of said
county; and also, to the county of Gilmer, eight copies of
Prince's Digest, and four copies of Green and Lumpkin's
Georgia Justice, for the use of the officers of said county, to
be distributed as the law directs.
Mr. Hamilton reported a bill requiring the Sheriffs and
Clerks of the several counties of the Cherokee Circuit, to
insert their advertisements in some public gazette within the
said circuit; which was read the first time.
Mr. Cox reported a bill to incorporate the Shearer Springs
in the county of Henry ; which was read the first time.
Also—a bill to remove the election precinct from the
house of John Lovejoy, to the house of Alonzo P. Mor¬
ris, in the twelfth district of Henry county, and to estab¬
lish a precinct at Pittsburg, in the sixth district of said
county ; which was read the first time.
The following bill was taken up, and made the special
order for to-morrow.
A bill to enlarge the duties of the Western and Atlantic
Rail Road commissioners, so as to authorise them to pur¬
chase lands for depots and trading towns, and to lay out the
same into streets and lots, and sell the said lots, and apply
the proceeds to defraying the expenses of the road, and to
permit the Highwassee Rail Road Company, to extend their
road to our terminus on the branch route leading to Red
Clay, and to authorise an extension of the road.
The Senate took up the report of the committee of the
whole, on the bill to regulate and appropriate the common
school fund, so far as respects the county of Wilkinson ; the
report was agreed to—the bill was read the third time, and
passed.
The Senate took up the report of the committee of the
whole, on the bill to consolidate the office of receivers of tax
returns and tax collector of this State, so far as relates to
the county of Appling ; the report was agreed to—the bill
read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to authorise Overseers of Roads for Chat¬
tooga county, to appoint warners, and to define their duties ;
the report was agreed to—the bill was read the third time,
and passed.
The Senate took up the report of the committee of the
whole, on the bill to establish an additional election precinct
in the county of Irwin ; the report was amended ; the report
was agreed to as amended—the bill was read the third
me, and passed.
The Senate took up the report of the committee of the
whole, on the bill to alter and amend the thirteenth section
of the tenth division of an act, entitled an act, to reform,
amend and consolidate the penal laws of the State of Geor-
155
gia, approved December 23d, 1833; the report was amend¬
ed and agreed to—the bill was read the third time, and
passed.
The Senate took up the report of the committee of the
whole, on the bill to alter and amend thp eighth section of
the Judiciary act of this State, passed 16th February, 1799,
and to define more particularly the fees of Clerks ,* the re¬
port was amended and agreed to—the bill was read the
third time, and passed.
The Seriate took up the report of the committee of the
whole, on the bill to compel persons owning plantations and
slaves situated in any county in this State, other than the
county where such person or persons may reside, to return
the same, and pay the tax thereon in the county where it
may be situated ; the report was agreed to—the bill was
read the third time, and on the question, Shall this bill pass ?
the yeas and nays were required to be recorded, and are
yeas 30, nays 51.
Those who voted in the affirmative, are Messrs.
Beasley, Holmes of Baker, Smith of Bryan,
Bishop, Holmes, of Houston,Speight,
Bryan of Macon, Hopkins, Spencer,
Bryan of Stewart, Janes, Stapleton,
Creach, Jones, • Swain,
Dart, Lindsay, Tomlinson,
Diamond, Minter, W aldhour,
Fryer, Neal, Warthen,
Graves, Robertson, Wright,
Guess, Smead, Young.
Those who voted in the negative, are Messrs.
Adams, Godard, McAfee,
Blackshear, Goode, McConnell,
Boggess, Gordon, McDonald,
Bulloch, Griggs, Miller,
Calhoun, Hamilton, Moore,
Camp, Hammond, Morris,
Camron, Harris of Burke, Rainey,
Chastain, Harris of Taliaferro,Reeves,
Christian, Harris of Warren, Reid,
Cone, Heflin, Smith of Twiggs,
Conner, Henley, Strickland of TattnT
Culbertson, Jemeson, Strickland of Ware,
Dunagan, Kennon, Vincent,
Echols of Qoweta, Kimzey, Walker,
Echols of Walton, Knight, Watters,
Floyd, Loveless, Williams,
Glover, Mays, Williamson.
So the billjsa&ieiected.
156
The following message was received from the House of
-Representatives, by Mr. Cabaniss, their clerk :
Mr. President: — The House of Representatives have
passed a bill to repeal an act, passed 22na December, 1837,
entitled an act, for the compensation of grand and petit
jurors of Bibb county.
They have also concurred with the Senate, in the resolu¬
tion to bring on, on the 4th inst., at 12 o'clock, M., the elec¬
tion of a Senator to represent the State of Georgia in the
Senate of the United States, for six years from and after the
4th day of March next.
The Senate took up the report of the committee of the
whole, on the bill to repeal an act, entitled an act, to pro¬
vide for the election of a Public Printer,* and to regulate the
printing required to be performed by the Legislature, and
to authorise the letting out of the public printing to the low¬
est responsible bidder; the Senate agreed to the report—
the bill was read the third time, and, on motion to lay the
bill on the table for the balance of the session, the yeas and
nays were called for, when,
On motion of Mr. Harris, of Warren,
The Senate adjourned to 3 o'clock, this afternoon.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate took up the unfinished business of the last
adjournment, to wit:
The bill to repeal an act, entitled an act, to provide for
the election of a Public Printer, and to regulate the printing
required to be performed by the Legislature, and to author¬
ise the letting out of the public printing to the lowest respon¬
sible bidder.
And on the question to lay the report on the table for the
balance of the session, the yeas and nays were required to
be recorded, and are yeas 41, nays 40.
Those who voted in the affirmative are Messrs.
Beasley,
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Calhoun,
Christian,
Cox,
Creach,
Dart,
Dawson,
Floyd,
F ryer,
Glovpry
Godard,
Goode,
Griggs,
Harris of Burke,
Harris of Taliaferro,
Harris of Warren,
Tancsy
im
Kennon, Smith of Bryan, Tomlinson,
Knight, Spencer, Vincent,
Miller, Stapleton, Waldhour,
Minter, Strickland of Tatt- Warthen,
Moore, nail, Williams,
Neal, Strickland of Ware,Williamson,
Reid, Thomas, Wright.
Those who voted in the negative, are Messrs.
Adams, Gordon, McAfee,
Beall, Graves, McConnell,
Bishop, Guess, McDonald,
Camp, Hamilton, Morris,
Camron, Hammond, Rainey,
Chastain, Heflin, Reeves,
Cone, Henley, Robertson,
Conner, Holmes of Baker, Smead,
Crosby, Hopkins, Smith of Twiggs,
Culbertson, Jemeson, Speight,
Diamond, Kimzey, Swain,
Dunagan, Lindsay, ■ Watters,
Echols of Coweta, Mays, Young.
Echols of Walton,
The Senate took up the report of the committee of the
whole, on the bill to disqualify all persons who shall here¬
after be convicted of certain crimes, from testifying in any
Court of Justice in this State, and from the privilege of per¬
forming the duties of a juror ; the report was agreed to—
the bill was read the third time, and lost.
The Senate took up the report of the committee of the
whole, on the bill to incorporate the village of Palmyra, in
the county of Lee, and to appoint commissioners for the
same; the report was agreed to—the bill read the third
time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to create and establish a free system of
education by common schools in the county of Bulloch $ the
report was agreed to—the bill read the third time, and
passed.
The Senate took up the report of the committee of the
whole, on the bill to change the time of holding the general
elections in the State of Georgia; 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 15, nays 65.
Those who voted in the affirmative, are Messrs.
Bishop, Bulloch, Echols of Coweta,
Bryan of Stewart, Calhoun, Gordon,
158
Graves, Janes, Rainey,
Hamilton, McDonald, Spencer,
Henley, Miller, Swain.
Those who voted in the negative, are Messrs.
Adams, Griggs, Reeves,
Beall, Guess, Reid,
Beasley, Hammond, Robertson,
Blackshear, Harris of Burke, Smead,
Boggess, Harris of Taliaferro,Smith of Bryan,
Bryan of Macon, Harris of Warren, Smith of Twiggs,
Camp, Heflin, Speight,
Camron, Holmes of Baker, Stapleton,
Chastain, Hopkins, Strickland, of Tatt-
Christian, Jemeson, nail,
Cone, Jones, Strickland of Ware,
Conner, Kennon, Thomas,
Cox, Kimzey, Tomlinson,
Creach, Knight, Vincent,
Crosby, Lindsay, Waldhour,
Culbertson, Mays, Walker,
Dart, McAfee, Warthen,
Dawson, McConnell, W atters,
Dunagan, Minter, "Williams,
Floyd, Moore, Williamson,
Glover, Morris, Wright,
Godard, Neal, Young.
Goode,
The Senate took up the report of the committee of the
whole, on the bill to'change the name of William J. Ems-
wiler, to that of William J. Reeves ; the report was agreed
to as amended—the bill read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to regulate the times of holding the Supe¬
rior Courts of the Southern Circuit; the report was agreed
to—the bill was read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to extend the corporate limits of the town
of Athens, in the county of Clark, and to change the plan
of holding the elections for officers of the corporation in said
town; the report was agreed to—the bill read the third
time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to authorise purchasers of city lots, and
lots of land in the cities of Macon and Columbus, and in
the reserves thereof, to redeem them from forfeiture; the
report was agreed to—the bill read the third time, and
passed.
159
Leave of absence was granted to the Senator from Talbot,
for a few days, on special business.
The Senate then adjourned until 9 o'clock, to-morrow
morning.
FRIDAY MORNING, December 4, 1840.
The Senate met pursuant to adjournment.
Mr. Gordon moved to reconsider so much of the Journal
of yesterday, as relates to the rejection of the bill to compel
persons owning plantations and slaves, situated in any coun¬
ty in this State, other than the county where such person or
persons may reside, to return the same, and pay the tax
thereon in the county where it may be situated.
On which motion, the yeas and nays were required to be
recorded, and are yeas 49, nays 36.
Those who voted in the affirmative, are Messrs.
Bea.ll,
Beasley,
Bishop,
Bryan of Macon,
Bryan of Stewart,
Calhoun,
Conner,
Creach,
Crosby,
Culbertson,
Dart,
Dawson,
Diamond,
Echols of Coweta,
Echols of Walton,
F ryer,
Gonder,
Gordon,
Graves,
Guess,
Harris of Burke,
Heflin,
Holmes of Baker,
Reid,
Robertson,
Smead,
Smith of Bryan,
Smith of Twiggs,
Speight,
Holmes of Houston,Spencer,
Hopkins,
Janes,
Jones,
Lindsay,
Loveless,
Miller,
Minter,
Morris,
Neal,
Reeves,
Stapleton,
Strickland of Tatt¬
nall,
Swain,
Tomlinson,
Waldhour,
Warthen,
Wright,
Young.
Those who voted in the negative, are Messrs.
Adams,
Blackshear,
Boggess,
Bulloch,
Camp,
Chastairi,
Christian,
Cone,
Cox,
Dunagan,
Floyd,
Glover,
Goode,
Griggs,
Hamilton,
Hammond,
Harris of Taliaferro,
Harris of Warren,
Jemeson,
Kennon,
Kimzey,
160
Knight, Moore, Walker,
Mays, Rainey, Watters,
McAfee, Strickland of Ware, Williams,
McConnell, Thomas, Williamson,
McDonald, Vincent, Wiggins.
So the Senate agreed to reconsider.
Also—To reconsider so much of the Journal of yesterday,
as relates to laying on the table for the balance of the session,
the bill to repeal an act entitled an act to provide for the
election of a public printer; and to regulate the printing re¬
quired to be performed by the Legislature; and to authorise
the letting out of the public printing to the lowest responsi¬
ble bidder.
On which question, the yeas and nays were required to
be recorded, and are yeas 42, nays 42.
Those who voted in the affirmative, are Messrs.
Adams, Gordon, McAfee,
Beall, • Graves, McConnell,
Bishop, Guess, McDonald,
Boggess, Hamilton, Morris,
Camp, Hammond, Rainey,
Chastain, Heflin, Reeves,
Cone, Henley, Robertson,
Conner, Holmes of Baker, Smead,
Crosby, Hopkins, Smith of Twiggs,
Culbertson, Jemeson, Speight,
Diamond, Kimzey, Swain,
Dunagan, Lindsay, Walker,
Echols of Coweta, Loveless, Watters,
Echols of Walton, Mays, Young.
Those who voted in the negative, are Messrs.
Beasley, Griggs, Spencer,
Blackshear, Harris of Burke, Stapleton,
Bryan of Macon, Harris of Taliaferro,Strickland of Tatt-
Bryan of Stewart, Harris of Warren, nail,
Bulloch, Holmes of Houston, Strickland of Ware,
Christian, Janes, Thomas,
Cox, Kennon, Tomlinson,
Creach, Knight, Vincent,
Dart, Miller, W aldhour,
Dawson, Minter, Warthen,
Floyd, Moore, Williams,
Fryer, Neal, Williamson,
Glover, Reid, Wiggins,
Gonder, Smith of Bryan, Wright.
Goode,
There being a tie, the President voted in the affirmative,,
and the Senate agreed to reconsider..
161
On motion of Mr. Gordon,
The Senate reconsidered so much of the Journal of yes¬
terday, as relates to the rejection of the bill to disqualify all
persons who shall hereafter be convicted of certain crimes,
from testifying in any court of justice in this State, and from
the privilege of performing the duties of a juror.
The special order of the day was taken up'and made the
order for to-morrow.
The following message was received from his Excellency
the Governor, by Mr. Home, his Secretary :
Executive Department, )
Milledgeville, 2d December, 1840. )
Accompanying this, is transmitted the copy of a letter
from the Secretary of State, informing me of the imperfect
condition of a part of the public records. The means of cor¬
recting them to a considerable extent are now within the
power of that officer; and it is due to the holders of lands
under ancient grants, issued between the years mentioned in
the communication, that the correction should be made.
I also lay before the General Assembly copies of resolu¬
tions, passed by the Legislature of Vermont., recommending
an amendment of the Constitution of the United States,
which will restrict the eligibility of the President of the Uni¬
ted States to a single term.
charles j. Mcdonald.
On motion,
So much of the communication of his Excellency the Gov¬
ernor, as relates to the Vermont resolutions, was referred to
the Committee on the state of the Republic.
Mr. Harris, of Burke, from the select committee to whom
was referred the petition of certain citizens of Burke coun¬
ty, made the following report, viz :
The committee to whom was referred the petition of thir¬
teen citizens of the county of Burke, praying that a portion
of said county be detached and added to the county of Rich¬
mond, and that they may be invested with all the privileges
appertaing to the county of Richmond, beg leave to report:
That they have had the subject matter of said petition
under consideration, and cannot find any good and sufficient
reason why the prayer of said petitioners should be granted;
and beg leave to be discharged from the further considera¬
tion of said petition.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk.
Mr. President:—The House of Representatives have con-
cured with the Senate in the resolution to bring on the elec¬
tion of a Major-General of the sixth division, G. M., to fill the
162
vacancy occasioned by the resignation of Maj. General Eze-
kiel Wimberly, to-day, at twelve o'clock, M.; and also to
proceed to the unfinished business oi electing a State Prin¬
ter, according to a concurred resolution.
The following message from his Excellency the Governor,
was received by Mr. Harris, his Secretary :
Mr. President:—His Excellency the Governor, has approv¬
ed and signed a resolution of the Senate, bringing on this
day, at twelve o'clock, the election of a Senator to represent
the State of Georgia in the Senate of the United States, for
six years from and after the fourth of March next—which I
am directed to return.
Mr. Vincent reported a bill to authorise Shubael Tenney
to open and keep open, the North Oconee river, from Athens
to Chandler's Bridge; and to vest in him, his heirs and as¬
signs, the said right for the term of ten years; and to fix the
maximum rates of transporting lumber, wood, and produce
thereon ; which was read the first time.
Mr. Harris, of Burke, reported a bill to amend an act en¬
titled an act to incorporate the Augusta and Waynesborough
Rail Road, assented to 31st December, 1838; which was
read the first time.
Mr. Warthen reported a bill, entitled an act to amend an
act to appoint commissioners for the Washington County
Academy, and to make the same a body corporate, assented
to 30th November, 1839; which was read the first time.
The Senate took up the report of the Committee of the
Whole, on the bill to add the residence of John Mulkey, of
the county of Houston to the county of Macon; the report
was agreed to.
The bill was read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to make permanent the site of public buil¬
dings and seat of justice, for the county of Gilmer, in the
town of Ellijay, and to incorporate the same; the report was
agreed to.
The bill was read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to extend the time of the taking out of
grants in the gold and land districts in the Cherokee country.
Mr. Reid moved the previous question ; and on the ques¬
tion, shall the main question be now put ? it was determined
in the negative.
The Senate took up the report of the Committee of the
Whole, on the bill to alter and amend the Judiciary of this
State, so far as relates to the jurisdiction of Justices of the
Peace ; the report was agreed to ; and
On motion of Mr. Beall, the whole bill was lost.
The Senate took up the report of the Committee of the
Whole, on the bill to repeal so much of an act, entitled an act
to compensate the grand and petit jurors of certain counties
therein mentioned,- so far as relates to the county of Eman¬
uel, assented to December 23d, 1837 ; the report was agreed
to, and the bill was read the third time and passed.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary, to wit:
Mr. President:—His Excellency the Governor, has approv¬
ed and signed a resolution of the Senate, bringing on the
election of a Major-General, this day, at twelve o'clock, M.,
to fill the vacancy of Major-General Ezekiel Wimberly,
resigned.
Also—Bringing on the election of State Printer—which 1
am directed to return.
The Senate took up the report of the Committee of the
Whole, on the bill to alter and amend the several acts in re¬
lation to attachments and bail processes; 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 34,
nays 49.
Those who voted in the affirmative, are Messrs.
Beall,
Gonder,
Morris,
Bishop,
Gordon,
Neal,
Blackshear,
Graves,
Reeves,
Boggess,
Harris of Burke,
Spencer,
Bryan of Stewart,
Henley,
Thomas,
Bulloch,
Jones,
Tomlinson,
Calhoun,
Kennon,
Vincent,
Cox,
Lindsay,
Warthen,
Culbertson,
McConnell,
Williams,
Dawson,
Miller,
Williamson,
Floyd,
Moore,
Wright.
Glover,
Those who voted
in the negative, are
Messrs.
Adams,
Echols of Coweta,
Jemeson,
Beasley,
Echols of Walton,
Janes,
Bryan of Macon,
Fryer,
Kimzey,
Camp,
Goode,
Knight,
Chastain,
Griggs,
Loveless,
Christian,
Guess,
Mays,
Cone,
Hamilton,
McAfee,
Conner,
Hammond,
Minter,
C reach,
Grosby,
Dart,
Diamond,
Dunaeaii.
Harris of Taliaferro,Rainey,
Harris of Warren, Eeid,
Heflin, Smead,
Holmes of Baker, Smithof Bryan,
Holmes of HoustoniSpeight,
164
Staple ton, Swain, Walters^
Strickland of Tatt- Waldhour, Wiggins,
nail, Walker, Young.
Strickland of Ware,
So the bill was lost.
The Senate took up the report of the Committee of the
Whole, on the bill to repeal the third section of an act pass¬
ed the 29th day of December, 1839, further to regulate the
granting of retail license and sale of spirituous liquors ; the
report was agreed to; the bill was read the third time.
And on the question, shall this bill now pass I the yeas
and nays were required to be recorded, and are yeas 7,
nays 74.
Those who voted in the affirmative, are Messrs,
Camp, Loveless, Watters,
Culbertson, Swain, Young.
Echols of Walton,
Those who voted in the negative1, are Messrs.
Adams, Gonder, Minter,
Beall, Goode, Moore,
Beasley, Gordon, Morris,
Bishop, Graves, Neal,
Blackshear, Griggs, Rainey,
Boggess, Guess, Reeves,
Bryan of Macon, Hamilton, Reid,
Bryan of Stewart,' Harris of Burke, Robertson,
Bulloch, Harris of Taliaferro,Smead,
Calhoun, Harris of Warren, Smith of Bryan,-
Chastain, Henley, Smith of Twiggs,
Christian, Holmes of Baker, Speight,
Cone, Holmes of Houston,Spencer,
Conner, Hopkins, Stapleton,
Cox, Jemeson, Strickland of Tatt-
Creach, Janes, nail,
Crosby, Jones, Strickland of Ware,
Dart, Kennon, Thomas,
Dawson, Knight, Tomlinson,
Diamond, Lindsay, Vincent,
Dunagan, Mays, Walker,
Echols of Coweta, McAfee, Warthen,
Floyd, McConnell, Williamson,
Fryer, McDonald', Wiggins,
Glover, Miller, Wright.
So the bill was lost.
The Senate took up the report of the Committee of the
Whole, on the bill to add a part of the county of Habersham
to the county of Franklin 'r while under discussion,
165
On motion,
The Senate repaired to the Representative Chamber, to
go into certain elections set apart for this day.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
Mr. President:—I am directed to inform this branch of
the General Assembly, 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, to wit,
a Senator in the Congress of the United States, to represent
the State of Georgia, for six years from and after the fourth
of March next; and a Major-General for the sixth division,
G. M., and a State Printer.
On motion of Mr. Cone,
The Senate repaired to the Representative Hall, and both
branches of the General Assembly, after being seated, pro¬
ceeded to the election of a Senator to the Congress of the
United States; and on receiving and counting out the ballots,
it appeared that the Honorable John McPherson Berrien
was duly elected.
Also—To the election of a Major-General, to command
the sixth division, G. M., and on receiving and counting the
ballots it appeared that Levi J. Knight, Esq. was duly elected.
Also—To the election -of a State Printer; and on receiv¬
ing and counting the ballots, it appeared that Richard M.
Orme, Esq., was duly elected.
The Senate then returned to their Chamber, and on motion,
The Senate adjourned to 9 o'clock, on to-morrow morning.
SATURDAY MORNING, December 5, 184©.
"The Senate met .pursuant to adjournment.
On motion of Mr. Miller,
The Senate reconsidered so much of the Journal of yes¬
terday, as relates to the rejection of the bill to alter and
amend the several acts in relation to attachments and bail
process.
Leave of absence was granted to the Senator from Twiggs.,
for a few days, on special business.
Mr. Holmes, of Baker, reported a bill to change an elec¬
tion precinct, from the House of James Lofton, in Baker
county, in the 626th district, to William S. Pierce's, in said
.district ; which was read the first time.
166'
Mr. Neal reported a Bill for the relief of Sarah Mansfield,,
©f Decatur county; which was read the first time:
The Senate took up the unfinished business of yesterday,
to wit, the bill to add a part of Habersham county to the
county of Franklin; 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 SO,,
nays 55.
Those who voted in the affirmative, are Messrs*
Adams, Graves, Jones,
Beasley, Griggs, Loveless,,
Bryan of Macon, Guess, Mays,
Conner, Holmes of Baker,. Morris,
Culbertson, Hopkins, Spencer,
Fryer, Jemeson, Strickland of Warer
Goode, Janes,
Those who voted in the negative, are Messrs*
Beall, Hamilton, Robertson,
Blackshear, Hammond, Smith of Bryan,
Boggess, Harris of Burke, Smith of Twiggs,
Bryan of Stewart, Harris of Taliaferro,Speight,
Bulloch, Harris of Warren, Strickland of Tatt-
Calhoun, Heffin, nail,
Camp, Henley, Swain,
Camron, Holmes of Houston,Thomas,,
Chastain, Kimzey, Tomlinson,
Christian, Knight, Vincent,
Cone, McAfee, W aldhour,
Cox, McConnell, Walker,
Creach, McDonald, W atters,
Dawson, Miller, Williams,
Diamond, Minter, Williamson,.
Dunagan, Moore, Wiggins,
Echols of Walton^ Neal, Wright,.
Glover, Rainey, Youngs
Gordon, Reeves-,.
So the bill was lost.
The Senate took up the special order of to-day, being the'
report of the Committee of the Whole, on the bill to enlarge
the duties of the Western and Atlantic Rail Road Commis¬
sioners, so as to authorise them to purchase lands for depots
and trading towns, and to lay out the same into streets and
lots, and apply the proceeds to defraying the expenses of the
road; and to permit the Hiwasse Rail Road Company to ex¬
tend their road to our terminus on the branch, leading to Red
Clay, and to authorise an extension of the Road.
167
On motion of Mr. Jones,
The report was referred to a select committee, consisting
of Messrs. Jones, Dunagan, Echols, of Walton, Dawson,
Cox, and Diamond.
The Senate took up the reconsidered bill, to wit, the bill
to compel persons owning plantations and slaves in any
county in this State, other than where they reside, to return
and pay taxes for the same in the county where it may be
situated*
Mr. Gordon offered the following as a substitute to the
original bill:
Whereas, it is but right and proper that all the property
within the limits of a county, should contribute its due quota
to all county taxes imposed for county purposes:
Section 1. Be it enacted by the Senate and House of Repre¬
sentatives 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, all property liable to taxation
under the general tax laws of this State, shall be subject and
liable to the payment of all taxes legally imposed for county
purposes, in the counties where such property is situated,
or shall usually be on the first day of January next before
the imposition of such tax.
Sec. 2. And be it further enacted, That when a tax shall be
imposed by the Inferior Court of any county of this State,
for county purposes, it shall be the duty of the Clerk of the
Inferior Court of such county, to notify the Comptroller-Gen¬
eral of the State thereof, and of the rate of such tax; who
shall thereupon advertise the fact of the imposition of such
tax, in one of the gazettes of Milledgeville, and transmit one
number of the gazette having such advertisement, to the tax
collector of each county of this State; and it shall be the
duty of such tax collector, thereupon to assess on each per¬
son returning property in the county where such tax has
been imposed on the property situate or being in such coun¬
ty, the additional amount of such county tax; and to collect
the same; and to certify to the Comptroller-General, in ad¬
dition to what is collected on the general return, what is col¬
lected for each county for county purposes ; and the amount
so collected for county purposes shall be paid over by the
Comptroller-General to the several tax collectors, to be ap¬
plied to county purposes.
Sec. 3. And be itfurther enacted, That the general tax law
of this State, or such as shall hereafter be in force, shall be
the basis on which all taxes for county purposes shall be
assessed.
Sec. 4. And be it further enacted, That in case of default
in making returns of taxable property, or in payment of tax¬
es bv the owner in manner aforesaid, sales for taxes in de-
168
fault for county purposes, shall be equally valid as if made
for default in payment of the general tax.
Mr. Miller offered the following amendment to the first
section of the substitute : All plantations, whereon are situ¬
ated ten slaves or more.
Mr. Wiggins offered the following as an additional section:
And be it further enacted by the authority aforesaid, That
the counties of Wayne and Ware be excepted from the op¬
erations of said law.
And on the question to receive the same, the yeas and
nays were required to be recorded, and are yeas 28, nays 51.
Those who voted in the affirmative, are Messrs.
Glover, Strickland of Tatt-
Goode, nail,
Harris of Taliaferro,Strickland of Ware,
Beasley,
Blackshear,
Bryan of Stewart,
Bulloch,
Calhoun,
Christian,
Cox,
C reach,
Fryer,
Knight,
McConnell,
Miller,
Neal,
Smith of Bryan,
Smith of Twiggs,
Thomas,
Waldhour,
Williams,
Williamson,
Wr iggins,
Wright.
Those who voted in the negative, are Messrs.
Adams,
Beall,
Bishop,
Boggess,
Bryan of Macon,
Camp,
Camron,
Chastain,
Cone,
Conner,
Culbertson,
Dawson,
Diamond,
Dunagan,
Echols of Coweta,
Gordon,
Graves,
So it was lost.
Griggs, McAfee,
Guess, McDonald,
Hamilton, Minter,
Hammond, Moore,
Harris of Burke, Moms,
Harris of Warren, Rainey,
Heflin, Reeves,
Henley, Robertson,
Holmes of Baker, Smead,
Holmes of Houston,Speight,
Hopkins, Spencer,
Jemeson, Swain,
Janes, Tornlinson,
Jones, Vincent,
Kimzey, Walker,
Loveless, Watters,
Mays, YounQ".
Then on the question, shall this bill now pass? the yeas
and nays were required to be recorded, and are yeas 2S,
nays 46.
Those who voted in the affirmative, are Messrs.
Beasley, Conner, Dawson,
Bishop, Creach, Gordon,
Bryan of Macon, Culbertsom
169
Guess, Loveless, Speight,
Harris of Burke, Minter, Spencer,
Holmes of Baker, Reeves, Swain,
Holmes of Houston,Robertson, Tomlinson,
Hopkins, Smead, Waldhour,
Janes, Smith of Bryan, Young.
Jones,
Those who voted in the negative, are Messrs.
Adams,
Beall,
Blackshear,
Boggess,
Bryan of Stewart,
Bulloch,
Calhoun,
Camp,
Camron,
Chastain,
Christian,
Cone,
Cox,
Dunagan,
Fryer,
Glover,
Goode,
Griggs,
Hamilton,
Hammond,
McDonald,
Moore,
Morris,
Neal,
Rainey,
Strickland of Tatt-
Harris of Taliaferro, nail,
Harris of Warren, Strickland of Ware,
Heflin,
Henley,
Jemeson,
Kimzey,
Knight,
Mays,
Echols of Coweta, McAfee,
Echols of Walton, McConnell,
So the bill was lost.
Thomas,
Vincent,
Watters,
Williams,
Williamson,
Wiggins,
Wright.
The following message was received from his Excellency
the Governor, by Mr. Home, his Secretary : which was re¬
ferred to the Committee on the Militia.
Executive Department, , )
Milledgeville, 4th Dec. 1840. 5
I have the honor to lay before the General Assembly, the
copy of a letter received from Captain Berry W. Gideon, of
Cass county, claiming pay for services rendered by a volun¬
teer mounted company, raised under the act of 1837, for the
protection of the Cherokee country.
You will receive accompanying it, the documents referred
to by Captain Gideon, which will facilitate an investigation
of the justice of the claim presented.
[Signed] CHARLES J. McDONALD.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
Mr. President:—The House of Representatives have
passed the following bills, to wit:
A bill to amend an act to incorporate the Mossy Creek
Methodist Camp Meeting Ground, in the county of Haber¬
sham, passed 24th December, 1832, and to appoint trustees
for the same.
170
A bill to amend an act to incorporate the Habersham Iron
Works and Manufacturing Company.
A bill to appoint additional trustees for the Habersham
County Academy. _ c _ .
A bill to amend an act, incorporating the city of Darien,
assented to, 3d December, 1821; and also, acts relative
thereto.
A bill to attach the volunteer company in Macon county,
called the Flint River Blues, to the second brigade of the
eighth division, G. M.
A bill to grant the rights and privileges of citizenship to cer¬
tain persons and their descendants, of the Cherokee tribe of
Indians, therein named, and to remove all legal disabilities
heretofore imposed on said tribe of Indians, so far as respects
said persons.
A bill to incorporate Post Oak Level Academy, in Pike
county, and to appoint trustees for said academy; and also,
for Amsden Academy, in Columbia county.
The Senate took up the report of the Committee of the
Whole, on the bill to prescribe the duties of Attorneys at
Law, in entering up judgments; and the duties of Clerks and
Sheriffs, in relation to Executions; the report was agreed to
with amendments.
The bill was read the third time and passed.
The Senate took up the report of the committee of the
Whole, on the bill to admit tax collectors deeds in evidence,
in certain cases therein named; the report was agreed to.
The bill was read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to alter the Judiciary of this State, so as
to reduce the number of the Justices of the Inferior Court
in each county, from five to one ; and
On motion of Mr. Spencer, was laid on the table for the
balance of the session.
The Senate took up the report of the Committee of the
Whole, on the bill to regulate the renewal of Notes in the
Central Bank of Georgia; the report was agreed to.
The bill was read the third time and lost.
The Senate took up the report of the Committee of the
Whole, on the bill to repeal an act more effectually to pre¬
vent the evils of private banking; and to stop the issuing
and circulation of the bills and notes of unchartered banks,
private bankers, and the bills and notes usually called change
bills, approved December 19th, 181S; and further to repeal
all pains, penalties, and extraordinary taxation, against per¬
sons of this State, for issuing bills; and to restore to them
the rights and privileges enjoyed by the Bank corporations
and monopolies of this State ; the report was agreed to.
The bill was read the third time and on the question,
Ill
shall this bill now pass? the yeas and nays were required to
be recorded, and are yeas 15, nays 55.
Those who voted in the affirmative, are Messrs.
Adams,
Guess,
Morris,
Beasley,
Hamilton,
Rainey,
Blackshear,
Harris of Burke,
Reeves,
Boggess,
Harris of Warren,
Robertson,
Bulloch,
Heflin,
Smead,
Camp,
Henley,
Smith of Bryan,
Camron,
Holmes of Baker,
Speight,
Chastain,
Holmes of Houston,Spencer,
Cone,
Hopkins,
Strickland of Tatt¬
Conner,
Jemeson,
nall,
Culbertson,
Janes,
Strickland of Ware,
Dawson,
Kimzey,
Swain,
Diamond,
Knight,
Thomas,
.Dunagan,
Mays,
Vincent,
Echols of Coweta, McAfee,
Waldhour,
Echols of Walton, McDonald,
Walker,
Fryer,
Miller,
Watters,
Goode,
Minter,
Williamson,
Graves,
Moore,
Young.
Griggs,
Those who voted in the negative, are Messrs.
Beall,
Cox,
Harris of Taliaferro,
Bryan of Macon,
Creach,
Jones,
Bryan of Stewart,
Dart,
Neal,
Calhoun,
Glover,
Tomlinson,
Christian,
Gordon,
Williams.
So the bill was lost.
The Senate took up the report of the Committee of the
Whole, on the bill authorising the sheriffs of Lincoln court¬
ly to insert their advertisements in one of the newspapers
published in the city of Augusta, or in any newspaper pub¬
lished within the northern judicial circuit; the report was
agreed to, and the bill was read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to make deaf and dumb persons idiots in
law, so far as to authorise the appointment of Guardians, in
certain cases; the report was agreed to, and the bill was
read the third time and passed.
Mr. Moore, from the committee to whom was referred the
communication of his Excellency the Governor, in relation
to abuses and cruelty to the convicts in the Penitentiary,
made the following report, to wit:
The Select Committee to whom was referred the Gover¬
nor's message, with accompanying documents, relative to
172
charges of cruelty to the convicts of the Penitentiary, by the
principal and subordinate Keepers thereof, have had the
same under consideration., and beg leave to report:
Your committee have carefully investigated the subject,
and have examined as witnesses the individuals whose com¬
munication to his Excellency the Governor, was the basis
of the Executive communication to this branch of, the Gen¬
eral Assembly. Other witnesses were also examined, and
after rigid investigation of the whole subject matter of pom-
plaint, your committee are of the opinion that the charge
made against the principal or subordinate Keepers of the
Penitentiary, of cruelty to the convicts, has not been sustain¬
ed by evidence.
Being convinced that further investigation of the subject
is unnecessary, your committee beg leave to present this re¬
port, with the accompanying documents, and be relieved
from further investigation.
The report was taken up, read and agreed to.
The Senate took up the report of the Committee of the
Whole, on the bill to extend the time of the taking out of
grants in the gold and land districts in the Cherokee country;
which, on motion, was recommitted to a Committee of the
Whole.
The following bills were severally taken up, read the third
time and referred to a Committee of the Whole:
A bill to form a new county of parts of the counties of
Paulding, Cobb, Campbell and Carroll.
A bill to amend an act, to be entitled an act to grant to
Thomas Spalding, and his associates, the right of construct¬
ing a rail road of wood, or digging a canal, from the Ocmul-
gee to the Flint river, with certain privileges.
A bill to reorganise the several judicial circuits in this
State, and to prescribe the time of holding the courts there¬
in : and to define more particularly the official duties of the
several Judges of the Superior Courts in this State, for the
purpose of making uniform the rules of practice, as well as
the administration of the laws in the several circuits thereof,
and for other purposes.
A bill to revise, amend and consolidate the rules for the
government and police of the Penitentiary of the State of
Georgia.
A bill to remove the election precinct from the house of
John Lovejoy to the house of Alonzo P. Morris, in the twelfth
district of Henry county; and establish a precinct at Pitts¬
burg, in the sixth district of said county.
A bill to repeal all laws establishing election precincts in
the county of Crawford.
A bill to alter a part of the first section of the third article
of the Constitution of the State of Georgia.
173
A bill to authorise the Judges of the Superior Courts or
majority of the Justices of the Inferior Courts of the respec¬
tive counties, to assess a per cent, upon all sums of money
raised by the sale of property under execution or executions,
by a sheriff, his deputy, or coroner, in certain cases.
A bill to repeal so much of the tax act of 1840, as compels
persons to pay thirty-one and a quarter cents upon money
loaned on interest,
A bill to exempt from patrol duty, the students of the sev¬
eral seminaries of learning in this State.
A bill requiring the sheriffs and clerks of the several courp-
ties of the Cherokee circuit to insert their advertisements in
some public gazette published within the said circuit.
A bill more fully and effectually to provide for the record¬
ing of deeds of conveyance of lands, tenements and heredi¬
taments, bills of sale of negroes, and other personal proper¬
ty, and for other purposes.
Leave of absence was granted to the Senator from Stew¬
art, for a few days, after to-day, on special business.
Mr. Jones laid on the table the following resolution;
Resolved, That the Directors of the Central Bank pay, in
current funds, the scrip or evidences of debt issued by the
Commissioners of the Western and Atlantic Rail Road, so
far as such scrip may have been issued before the adoption
of this resolution.
Mr Bishop proposed the following resolution:
Resolved, That the Directors of said bank shall receive all
scrip or certificates of the Commissioners of the Western and
Atlantic Rail Road, founded on State stock paid out for work
done, or right of way, previous to this date, in payment of
all debts due said bank; and said directors shall have full
authority to dispose of the amount of State bonds equal to
the amount of scrip received by them as payment as afore¬
said.
Mr. Smead reported a bill to extend the corporate limits
of the town of Talbotton; which was read the first time.
On motion,
The Senate adjourned until 9 o'clock, Monday morning.
MONDAY MORNING, December 7, 1840.
The Senate met pursuant to adjournment.
Mr. Calhoun moved to reconsider so much of the Journal
of Saturday, as relates to the rejection of the bill to repeal
174
an act, entitled an act, more effectually to prevent the evils
of private banking, and to stop the issuing and circulation
of the bills and notes of unchartered banks, private bankers,
and the bills and notes issued, called ehange bills, approved
December 19th, 1818 ; and further, to repeal all pains, pen¬
alties, and extraordinary taxation against persons of this
State, for issuing bills, and to restore to them the rights and
privileges enjoyed by banks, corporations and monopolies of
this State.
On which motion, the yeas and nays were required to be
recorded, and are yeas 28, nays 42.
Those who voted in the affirmative, are Messrs.
Beall,
Beasley,
Bishop,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Calhoun,
Christian,
Cox,
Echols ©f Walton,
Glover, Moore,
Godard, Neil,
Gordon, Spencer,
Griggs, Strickland of Ware,
Harris of Taliaferro, Tomlin son,
Henley, Vincent,
Janes, Walker,
McConnell, Williamson,
Miller, Wiggins.
Those who voted in the negative, are Messrs.
Adams,
Blackshear,
Camp,
Camron,
Chastain,
Cone,
Conner,
Culbertson,
Dawson,
Diamond,
Dunagan,
Echols of Coweta,
F ryer,
Goode,
Graham,
Graves,
Guess,
Hamilton,
Hammond,
Harris of Warren,
Heflin,
Holmes of Baker,
Jemeson,
Kimzey,
Knight,
Loveless,
Mays,
McAfee,
McDonald,
Minter,
Morris,
Rainey,
Robertson,
Smith of Bryan,
Speight,
Strickland of Tatt¬
nall,
Swain,
Thomas,
Waldhour,
Watters,
Wright,
Young.
Mr. Spencer laid on the table the following resolution :
Resolved, That the Senate will meet daily, (Sabbath ex¬
cepted,) at 9 o'clock, A. M., and 3 o'clock, P. M., for the bal¬
ance of the session; which was taken up, read, and agreed to.
Mr. Bishop reported a bill to incorporate the Clear Spring
Academy, in the county of Murray, near Cross Plains, and
appoint trustees for the same; which was read the first
time.
Also—a bill to incorporate the Cross Plains and Red Clay
175
Branch Rail Road Company of Georgia; which was read
the first time.
Mr. Waldhour reported a bill to consolidate the office of
tax collector and receiver of tax returns of the county ot
Effingham ; which was read the first time.
Mr. Miller reported a bill to incorporate a Volunteer Corps
of Riflemen in the city of Augusta; which was read the
first time.
Mr. Calhoun reported a bill to alter and amend the fifth
section of the fourth division of the penal code of this State,
and to define the punishment of murder; which was read
the first time.
Mr. Gordon moved to take up the report of the Committee
on Internal Improvement, and the resolutions appended to
it; the report and resolutions were taken up, and read, and,
On motion of Mr. Gordon,
Made the special order for Wednesday next.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their clerk :
Mr. President:—The House of Representatives have pass¬
ed the following bills, to wit:
A bill to compensate grand and petit jurors of Dooly
county.
A bill for the relief of securities.
A bill to amend an act, entitled an act, to give to masons
and carpenters, an incumbrance for debts due on account
of work done, and materials furnished in building and re¬
pairing houses, or such houses and the premises to which
they may be attached, and to repeal all laws on the subject,
so far as relates to the counties of Richmond and Mcintosh,
and in the cities of Savannah, Macon, and Columbus, passed
22nd December, 1834, so as to give to painters in the city of
Columbus, the like security for debts due on account of
painting done on houses in said city.
A bill to establish election districts, and to alter some
already established, in the several counties therein named,
and to regulate the same.
Mr. Dunagan, chairman of the special committee, to whom
was referred the bill to enlarge the duties of the Western
and Atlantic Rail Road Commissioners, &c., reported the
following bill in lieu of the original, to wit:
A bill to enlarge the duties of the Western and Atlantic
Rail Road Commissioners, so as to authorise them to pur¬
chase lands for depots and trading towns, and to lay out the
same into streets and lots, and sell the lots, and apply the
proceeds thereof, to defraying the expense of the road, and
to permit the Highwassee Rail Road Company to extend
their road to one of the depots on the Western and Atlantic
176
Rail Road, and to authorise an extension of the road at its
south-west end.
The Senate went into committee of the whole, on the bill;
Mr. Spencer in the chair; the President resumed the char ;
the bill was reported with amendments, and,
On motion of Mr. Jones,
The report was disagreed to.
Mr. Dunagan proposed the following substitute to the re¬
port, to wit:
A bill to enlarge the duties of the Western and Atlantic
Rail Road Commissioners, so as to authorise them to pur¬
chase lands for depots and trading towns, and to lay out
the same into streets and lots, and sell the said lots, and
apply the proceeds to defray the expenses of the road, and
to permit the Highwassee Rail Road Company to extend
their road to our terminus on the branch route leading to
Red Clay, and to authorise an extension of the road.
On the question, Shall the substitute be adopted the yeas
and nays were required to be recorded, and are yeas 22,
nays 47.
Those who voted in the affirmative, are Messrs.
Beall,. Hamilton, Miller,
Camron, Harris of Burke, Rainey,
Cone, Kimzey, Reeves,
Conner, Loveless, Spencer,
Dawson, Mays, - Swain,
Diamond, McAfee, Watters,
Dunagan, McConnell, Young.
Echols of Walton,
Those who voted in the negative, are Messrs.
Beasley, Godard, Moore,
Bishop, Goode, Morris,
Blackshear, Gordon, Neal,
Bryan of Stewart, Graham, Robertson,
Bulloch, Graves, Smith of Bryan,
Calhoun, Griggs, Speight,
Camp, G uess, Strickland of Tattn'l
Chastain, Harris of Taliaferro,Strickland of Ware,
Christian, Heffin, Thomas,
Cox, Henley, Vincent,
Creach, Hopkins, Waldhour,
Culbertson, Jemeson, Williams,
Dart, Janes, Williamson,
Echols of Coweta, Jones, Wiggins,
Fryer, Knight, Wright.
Glover, ■ Minter,
So the substitute was lost.
, 177
The Senate took up the following bill, as the report of the
'committee of the whole, to wit:
A bill to repeal an act, to establish a general system of -
•education by common schools, assented to, 26th December,
1837; also, an act, to amend an act, to establish a general
system of education by common schools, assented to, 29th
December, 1838, and to change the common school fund of
the State of Georgia, to a poor school fund, and to provide
for distributing the same.
On motion,
The Senate adjourned until 3 o'clock, this afternoon.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate took up the unfinished business of the morn¬
ing, viz.:
The bill to repeal an act, to establish a general system of
education by common schools, assented to, 26th December,
1837; also, an act to amend an act, to establish a general
system of education by common schools, assented to, 29th
December, 1838, and to change the common school fund in
the State of Georgia, to a poor school fund, and provide for
distributing the same.
Mr. Morris proposed the following, as an additional sec¬
tion to the bill, viz :
Provided, That it shall be lawful for the commissioners ap¬
pointed under this act, to cause to be paid all accounts which
have been contracted in pursuance of the acts which this act
and all former acts repeals : Provided, the same shall be prop¬
erly authenticated, and shall have been created in strict con¬
formity with the provisions of said acts.
On the adoption of which, the yeas and nays were re¬
quired to be recorded, and are yeas 25, nays 45.
Those who voted in the affirmative, are Messrs.
Beall, Holmes of Baker, Rainey,
Bishop, Jemeson, Robertson,
Camp, Loveless, Speight,
Conner, Mays, Spencer,
Creach, McAfee, Waldhour,
Dunagan, McConnell, Walker,
Hamilton, McDonald, Williamson,
Hammond, Morris, Wiggins.
Harris of Warren,
178
Those who votecf in the negative, are Messrsv
Adams, Goode, Minter,
Beasley, Graham, Neal,
Blackshear, Graves, Reeves,
Bryan of Macon, Griggs, Smith of Bryan,
Bryan of Stewart, Guess, Strickland, of Tatt--
Bulloch, Harris of Burke, nail,
Calhoun, Harris of Taliaferro, Strickland of Ware,
Camron, Heflin, Swain,
Chastain, Henley, Thomas,
Christian, Hopkins, Tomlinson,
Cox, Janes, Vincent,
Bart, Jones, Walters,
Diamond, Kimzey, Williams,
Fryer, Knight, Wright,
Glover, Miller, Young.
Godard,
The report of the committee of the whole, on the bill,
was agreed to; the bill read the third time—and on the
passage of the bill, the yeas and nays were required to be
recorded, and are yeas 72, nays 2.
Those who voted in the affirmative, are Messrs.
Adams, Graham, Moore,
Beall, Graves, Morris,
Beasley,- Griggs, Neal,
Bishop, Guess, Rainey,
Blackshear, Hamilton, Reeves,
Bryan of Macon, Hammond, Robertson,
Bryan of Stewart, Harris of Burke, Smith of Bryan,
Bulloch, Harris of Taliaferro,Speight,
Calhoun, Harris of Warren, Spencer,
Camp, Heflin, Strickland of Tatta'l
Camron, Henley, Strickland of Ware,
Chastain, Holmes of Baker, Swain,
Christian, Hopkins, Thomas,
Cone, Jemeson, Tomlinson,
Conner, Janes, Vincent,
Cox, Jones-, Waldhour,
Creach, Knight, Walker,
Culbertson, Loveless, Warthen,
Dart, Mays, Watters,
Diamond, McAfee, Williams,
Echols, McConnell, Williamson,
Fryer, McDonald, Wiggins,
Glover, Miller, Wright,
Godard, Minter, Young.
Goode,
Those who voted in the negative, are Messrs.
Dunagan, Kimzey.
179
The following message was received from his Excellency
the Governor, by his Secretary, Mr. Home :
Mr. President:—I am directed by His Excellency, the
Governor, to lay before this branch of the General Assem¬
bly, his communication, with the accompanying documents.
On motion of Mr. Miller,
The Governor's communication, with accompanying doc¬
uments, was taken up, and referred to the Committee on
the State of the Republic, without being read.
The Senate took up the reconsidered bill of Saturday
last, as the report of the committee of the whole, viz:
The bill to alter and amend the several acts in relation to
attachments and bail-process ; the report was agreed to—■
the bill read the third time, and on its passage, the yeas
and nays were required to be recorded, and are yeas 50,
nays 21.
Those who voted in the affirmative, are Messrs.
Adams, Gordon, Moore,
Beall, Graham, Morris,
Bishop, Graves, Neal,
Blackshear, Guess, Reeves,
Bryan of Macon, Harris of Burke, Robertson,
Bryan of Stewart, Harris of Taliaferro,Spencer,
Calhoun, Heffin, Strickland of Ware,
Cox, Henley, , Thomas,
Creach, Holmes of Baker, Tomlinson,
Culbertson, Hopkins, Vincent,
Hart, Jones, Waldhour,
Diamond, Kimzey, Walker,
Dunagan, McAfee, Watters,
Echols of Walton, McConnell, Williams,
Fryer, McDonald, Williamson,
Glover, Miller, Wright.
Godard, Minter,
Those who voted in the negative, are Messrs.
Beasley, Griggs, Loveless,
Camp, Hamilton, Mays,
Camron, Hammond, Smith of Bryan,
Chastain, Harris of Warren, Speight,
Christian, Jemeson,, Strickland of Tattn'l
Conner, Janes, Swain,
Goode, Knight, Young.
So the bill passed.
The Senate took up the report of the committee of the
whole, on the bill to amend an act, passed on the 23d De-
180
cember, 1839, to alter and change the site of the public
buildings of the county of Dooly, to some point more cen¬
tral, and to make permanent the same, and to compensate
the owners of town property in the town of Drayton, the
present site of the public buildings, and for other purposes;
the report was agreed to—the bill read the third time, and
passed.
Mr. Graves reported a bill for the relief of "William Con-
yers and William H. Martin, securities of Harbert Rainey;
which was read the first time.
Mr. Gordon reported a bill to repeal an act, to incorporate
the town of Springfield, in the county of Effingham, and to
appoint commissioners for the same, and other purposes
therein named, assented to, 31st December, 1838 ; which
was read the first time.
Mr. Calhoun presented the memorial of sundry citizens
of Columbus, in relation to the currency of this State, so far
as the several Banking Institutions are concerned in the im¬
mediate resumption of specie payments by them; which
was read, and referred to the Committee on Banks.
On motion of Mr. Jones,
A committee was appointed to make a report for the or¬
ganization of the several Judicial Circuits of this State,
consisting of Messrs. Dart, Miller, Blackshear, Graves,
Moore, Goode, Dunagan, Echols, of Coweta, Floyd, and
Jones.
Mr. Knight laid the following preamble and resolutions
on the table:
Whereas, there is now a good road from the city of Bruns¬
wick, in the county of Glynn, passing through Waynesville,
Wayne county, Waresborough, Ware county Troupville,
Lowndes county, Thomasville, Thomas county, Duncans-
ville, also, in Thomas county, to Tallahasse, or through
Quincy, to Chattahoochee, in Florida: And whereas, it is
of great importance to the people of the lower counties'of
this State, and Middle Florida, that a mail should be car¬
ried on the road aforesaid.
Therefore resolved by the Senate and House of Representatives
of the State of Georgia, in General Assembly met, That our
Senators and Representatives in Congress, be, and they are
hereby requested, to use their influence to have a mail route
established between Brunswick, in this State, and Talla-
hassse or Chattahoochee, in Florida, to run through the
places above-mentioned.
On motion,
The Senate adjourned to 9 o'clock, to-morrow morning.
1s1
TUESDAY MORNING, December 8,1840.
The Senate met pursuant to adjournment.
Mr. Guess, chairman of the Committee on Petitions, made
the following report:
The Committee on Petitions, to whom was referred the
petition of William Walker, of Burke county, have had the
same under consideration, and report:
That, as according to the statement of the petition, the
evil complained of, is occasioned by the Justices of the In¬
ferior Court of said county not appointing commissioners of
the poor school fund, and can be remedied by such appoint¬
ment : they consider no Legislation on the subject necessary,
and ask to be discharged, from the further consideration of
said petition.
The report was taken up, read, and agreed to.
Mr. Cone laid the following resolution on the table :
Resolved, That the President of Senate appoint a commit¬
tee to audit and approve the accounts of members of Senate,
Secretary, and Clerks, Door-Keeper and Messenger.
Whereupon, the President appointed Messrs. Cone, Bish¬
op, and Williams, that committee.
The resolution was taken up, read, and agreed to.
Mr. McConnell offered the following :
Resolved by the Senate and, House of Representatives of the
State of Georgia, That his Excellency, the Governor, be,
and he is hereby authorised, to pay to the Senator of each
county, the sum due their respective counties, of the com¬
mon school fund which has not been drawn.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their clerk:
Mr. President:—The House of Representatives have
passed the following bills :
A bill to incorporate Bainbridge Female Academy in the
county of Decatur.
A bill to make William Ellison, the adopted son of James
Ellison, of Bibb county, and to make him capable of in¬
heriting as heir at law, to the said James Ellison.
A bill for the relief and benefit of Edmund McCubbins,
praying for a lease of the State's interest in lot of land, No.
55, in the fifth district of Troup county, during his life time.
A bill to appropriate a sum of money for the payment of
•the claim of Arthur Stotesbury.
A bill to apportion the representation of Glynn county,
according to the census taken in the year 1840, by the dep¬
uty marshal of the United States.
A bill to repeal the provisions of the second section of an
act, entitled an act, to consolidate the office of tax collectors
182
and receivers in the several counties in this State, therein
named, assented to, December 25th, 1837, so far as the
same relates to the county of Lumpkin.
A bill to amend the charter of the city of Macon, so far
as respects the time of holding charter elections of said city.
A bill to repeal so much of an act, to authorise the Jus¬
tices of the Inferior Courts of the several counties in this
State, to create and lay out any new districts, or change and
alter the lines of those already laid out, assented to, 23d
December, 1839, so far as relates to the county of Cherokee.
A bill to extend the corporate limits of the town of Bain-
bridge.
A bill to point out and regulate the manner of taking tes-
mony by commissioners, in certain cases.
A bill to compel the commissioners on the road from
Dahlonega, in Lumpkin county, by way of Ellijay, in Gil¬
mer county, to the Federal Road in Murray county, and to
compel them to make a settlement with John J. Dickerson,
George Brach, and Henry Wykel; and also, to define the
mode of making such settlement.
A bill to incorporate the village of Houston, in the county
of Heard, and to make permanent the election precinct at
said place.
A bill to incorporate Beach Spring Academy in the county
of Harris, and to appoint trustees for the same.
They have also agreed to a resolution, that the General
Assembly will adjourn sine die, on Saturday, the 19th inst.
To which, they desire the concurrence of the Senate.
Mr. Moore reported a bill to require the commissioners of
the Western and Atlantic Rail Road, so to arrange, as that,
at least, one of them shall be always on the road personally
supervising the engineers and contractors ; which was read
the first time.
Mr. Bulloch laid the following resolution on the table :
Resolved, by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, and it is hereby re¬
solved by the authority of the same, That both branches of the
General Assembly will adjourn sine die, on Saturday, the
19th instant.
Mr. Bryan, of Stewart, laid the following, resolution on
the table :
Resolved, That no new matter be introduced into the Sen¬
ate, after next.
Resolved, farther That the Senate do adjourn sine die, on
Saturday, the 19th instant.
The special order of the day was then taken up, to wit:
The bill to compel the several banks of this State, to
redeem their respective liabilities in specie, and to provide
183
for the forfeiture of the charter or charters of such as may
refuse.
Mr. Gordon moved to strike out the words " or banks
whatsoever," which occur in the first section.
On which motion, the yeas and nays were required to be
recorded, and are yeas 52, nays 28.
Those who voted in the affirmative, are Messrs.
Adams, Gordon, Moore,,
Beall, Graham, Morris,
Bishop, Guess, Neal,
Bryan of Macon, Hammond, Reeves,
Harris of Burke, Robertson,
Harris of Taliaferro, Spencer,
Harris of Warren, Strickland of Tatt-
Henley, nail,
Holmes of Baker, Strickland of Ware,
Holmes of Houston,Tomlinson,
Bryan of Stewart,
Calhoun,
Camron,
Chastain,
Christian,
Cox,
Creach,
Culbertson,
Hart,
Dawson,
Diamond,
Echols of Walton,
F ryer,
Goode,
Vincent,
Waldhour,
Warthen,
Watters,
Williams,
Williamson,
Wiggins.
Hopkins,
Janes,
Kimzey,
McAfee,
McConnell,
McDonald,
Miller,
Minter,
Those who voted
Beasley,
Blackshear,
Bulloch,
Camp,
Cone,
Conner,
Dunagan,
Glover,
Godard,
So the motion prevailed.
Mr. Morris moved to insert in the first sebtion, after the
words "pay to any," the words "person or persons, other
barfks and brokers excepted."
On which motion, the yeas and nays were required to be
recorded, and are year 59, nays 18.
Those who voted in the affirmative are Messrs.
. in the negative,
are Messrs.
Gonder,
Mays,
Graves,
Rainey,
Griggs,
Smith of
Hamilton,
Speight,
Heffin,
Swain,
Jemeson,
Thomas,
Jones,
Walker,
Knight,
Wright,
Loveless,
Young.
Adams,
Beall,
Bishop,
Blackshear,
Bryan of Stewart,
Calhoun,
Camp,
Camron,
Chastain,
IS4S
Christian, Harris of Taliaferro,Morris-,
€one, Harris of Warren, Neal,
Cox, Heflin, Reeves,
Creach, Henley, Robertson,
Culbertson, Holmes of Baker, Spencer,
Bart, Holmes of Houston,Strickland of Tatt-
Dawson, Hopkins, nail,
Biamond, Jemeson, Strickland of Ware,,
Echols of Walton, Janes, Thomas,
Fryer, Kimzey, Tomlinson,
Goode, Loveless, Vincent,
Gordon, McAfee, 'W aldhour,
Graham, McConnell, Warthen,
Guess, McBonald, Watters,
Hamilton, Miller, Williamson ,
Hammond, Minter, Wiggins,
Harris of Burke, Moore, Wright.
Those who voted in the-negative, are Messrs.
Beasley, Gonder, Rainey,
Bulloch, Graves, Smith of Bryan,
Conner, Griggs, Speight,
Bunagan, Jones, Swain,
Glover, Knight, Walker,
Godard, Mays, Young.
So- the motion prevailed.
On motion of Mr. Harris, of Burke,
To strike out of the first section, the word " February,"'
and insert a later date, the yeas and nays were required to-
be recorded, and are yeas 20, nays 59.
Those who voted in the affirmative, are Messrs.
Beasley, Goode, Tomlinson,
Bryan of Macon, Harris of Burke, Vincent,
Calhoun, Hams of Taliaferroj Waldhour,
Christian, Holmes of Baker, Walker,
Cox, Janes, Watters,
Hart, Miller, Williams.-
Bawson, Spencer,
Those who voted in the negative,, are Messrs.
Adams, Chastain, Echols of Walton,-
Beall, Cone, Fryer,
Bishop, Conner, Glover,
Blackshear, Creach, Godard,
Bryan of Stewart, Culbertson, Gonder,
Bulloch, Biamond, Gordon,
Camp, Bunagan, Graham,
Camron, Echol^ofCoweta, "Orates,
185
Griggs,. Loveless, Smith of Bryan,
Guess, Mays, Speight,
Hamilton, McAfee, Strickland of Tattnl
Hammond, McConnell,. Strickland of Ware,
Harris of Warren, McDonald,, Swain,
Heflin, Minter, Thomas,
Henley, Moore, Warthen,
Holmes of Houston,Morris, Williamson,
Jemeson, Neal, Wiggins,
Jones, Rainey, Wright,
Kimzey, Reeves, Young.
Knight, Robertson,
So the motion was lost.
Mr. Miller moved to insert in the first section, after the
word " presentation," the words " after the same shall be¬
come due and payable."
On which motion, the yeas and nays were required to be
recorded, and are yeas 28, nays 49.
Those who voted in the affirmative, are Messrs.
Bryan of Macon, Harris of Burke, Strickland of Tatt-
Bryan of Stewart, Harris of Taliaferro, nail,
C aJhoun, Harris of Warren, Tomlinson,
Christian, Janes, Vincent,
Cone, Knight, Waldhour,
Cox, McDonald, Walker,
Dawson, Miller, Warthen,
Goode, Minter, Williams,
Gordon, Moore, Wright.
Graves, Neal,
Those who voted in the negative, are Messrs.
Adams, Godard, McAfee,
Beall, Gonder, McConnell,
Beasley, Griggs, Morris,
Bishop, Guess, Rainey,
Blackshear, Hamilton, Reeves,
Bulloch, Hammond, Robertson,
Camp, Heflin, Smith of Bryan,
Camron, Henley, Speight,
Chastain, Holmes of Baker, Spencer,
Conner, Holmes of Houston, Strickland of Ware,
Creach, Hopkins, Swain,
Culbertson, Jemeson, Thomas,
Diamond, Jones, Watters,
Dunagan, Kimzey, Williamson,
Echols of Coweta, Loveless, Wiggins,
Echols of Walton, Mays, Young.
Glover,
186
Mr. Miller moved to amend the bill, by adding to the end
of the first section, the following: " or if less than the
amount demanded, that the difference was tendered in
specie at the time of such demand."
On which motion, the yeas and nays were required to be
recorded, and are yeas 37, nays 43.
Those who voted in the affirmative, are Messrs.
Adams, Gonder, Morris,
Bishop, Goode, Neil,
Blackshear, Gordon, Strickland of Tatt-
Bryan of Macon, Harris of Burke, nail,
Bryan of Stewart, Harris of Taliaferro,Thomas,
Calhoun, Harris of Warren, Tomlinson,
Christian, Henley, Vincent,
Cox, Holmes of Houston, Waldhour,
Creach, Janes, Warthen,
Culbertson, McAfee, Watters,
Dart, McDonald, Williams,
Dawson, Miller, Wright,
F ryer, Moore,
Those who voted in the negative, are Messrs.
Beall, Graves, McConnell,
Beasley, Griggs, Minter,
Bulloch, Guess, Rainey,
Camp, Hamilton, Reeves,
Camron, Hammond, Robertson,
Chastain, Heflin, Smith of Bryan,
Cone, Holmes of Baker, Speight,
Conner, Hopkins, Spencer,
Diamond, Jemeson, Strickland of Ware,
Dunagan, Jones, Swain,
Echols of Coweta, Kimzey, Walker,
Echols of Walton, Knight, Williamson,
Glover, Loveless, Wiggins,
Godard, Mays, Young.
Graham,
So the motion was lost.
Mr. Miller moved the following as an additional section,
to wit:
And be it further enacted, That the provisions of this act,
shall apply to, and be enforced, against any bank which
shall suspend the specie payments at any time after the first
day of February next; which motion was rejected.
The Senate then took up the report of the committee of
the whole, on the bill; the report was agreed to—the bill
read the third time, and on its passage, the yeas and nays
were required to be recorded, and ait! yuas 73, nuvs 5. "
187
Those who voted in the affirmative, are Messrs.
Adams, Goode, Miller,
Beall, Graham, Minter,
Beasley, Graves, Moore,
Bishop, Griggs, Morris,
Blackshear, Guess, Neal,
Bryan of Macon, Hamilton, Rainey,
Bryan of Stewart, Hammond, Reeves,
Bulloch, Harris of Burke, Robertson,
Camp, Harris of Taliaferro, Smith of Bryan,
Camron, Harris of Warren, Speight,
Chastain, Heflin, Stapleton,
Christian, Henley, Strickland of Tatt-
Cone, Holmes of Baker, nail,
Conner, Holmes of Houston, Strickland of Ware,
Creach, Hopkins, Swain,
Culbertson, Jemeson, Thomas,
Dart, Janes, Waldhour,
Dawson, Jones, Walker,
Diamond, Kimzey, Warthen,
Dunagan, Knight, Watters,
Echols of Coweta, Loveless, Williams,
Echols of Walton, Mays, Williamson,
Fryer, McAfee, Wiggins,
Glover, McConnell, Wright,
Godard, McDonald, Young.
Gonder,
Those who voted in the negative, are Messrs.
Calhoun, Spencer, Vincent,
Gordon, Tomlinson,
So the bill passed.
The following message was received from his Excellency
the Governor, by Mr. Glascock, his Secretary :
Mr. President:—I am directed by his Excellency, the
Governor, to lay before this branch of the General Assem¬
bly, his communication, with accompanying documents.
On motion of Mr. Chastain,
The following communication from his Excellency, the
Governor, was taken up, read, and referred to the special
committee appointed to investigate the transactions of the
commissioners of the road leading from Ellijay, across the
Cohutta Mountain, &c.
Executive Department, )
Milledgeville, 8th Dec. 1840. y
I lav before the Legislature, the report of the commis¬
sioners ol the road Wad-uappfxom Ell nay, in Gilmer county,
188
across the Cohutta Mountain, to Murray county, in which
serious charges are preferred against a part of the former
comissioners.
I also submit an account current from John Kellett, one of
the former commissioners, received at the same time, but
unaccompanied by vouchers.
To secure the faithful application of funds appropriated
to objects of general utility, public agents should be held to
a strict accountability.
[Signed,] CHARLES J. McDONALD.
On motion of Mr. Fryer,
The Senate adjourned until 3 o'clock, this afternoon.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Gonder presented the petition of Mrs. Sarah H. Ah
friend, which was referred to a select committee, consisting
of Messrs. Gonder, Jones, and Moore, without being read.
Mr. Jones reported a bill to incorporate the Methodist
Episcopal Church in Chattooga county, to be called the
Broomtown Valley Church, and to appoint trustees for the
same ; which was read the first time.
On motion of Mr. Dunagan,
One hundred copies were ordered to be printed of the
bill to regulate the Internal Police of the Penitentiary.
The Senate took up the report of the committee of the
whole, on the bill more effectually to prevent illegal voting;
the report was agreed to—the bill read the third time, and
on the question, Shall this bill now pass ? the yeas and nays
were required to be recorded, and are yeas 40, nays 23.
Those who voted in the affirmative, are Messrs.
Beasley, Glover, Loveless,
Bishop, Gonder, Mays,
Blackshear, Graves, McAfee,
Bryan of Macon, Griggs, McConnell,
Bryan of Stewart, Guess, McDonald,
Calhoun, Harris of Taliaferro,Miller,
Camp, Holmes of Baker, Minter,
Chastain, Janes, Moore,
Christian, Jones, Rainey,
Creach, Kimzey, Smith of Bryan,
Dart, Knigl>%- SpeightT
189
Spencer, Tomlinson, Wiggins,
Swain, Waldhour, Young.
Thomas, Warthen,
Those who voted in the negative, are Messrs.
Beall, Goode, Morris,
Cone, Gordon, Robertson,
Conner, Graham, Strickland of Tatt-
Culbertson, Hamilton, nail,
Diamond, Hammond, Strickland of Ware,
Dunagan, Harris of Warren, Walker,
Echols of Walton, Heflin, Watters,
Fryer, Jemeson, Williamson,
Godard,
And the bill was passed.
On motion of Mr. Calhoun,
One hundred copies of the letter of the Governor of Vir¬
ginia, to his Excellency, the Governor of Georgia, was or¬
dered to be printed; and also, one hundred copies of the
Governor's message on that subject, was ordered to be
printed.
The Senate took up the report of the committee of the
whole, on the bill to change the names of certain persons
named therein, and to legitimatize the same; the bill was
reported with amendments ; the report was agreed to—the
bill was read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to incorporate the Baptist Church in the
county of Pulaski, known by the name of the Mount Horeb
Church, and to appoint trustees for the same ; the report
was agreed to—and the bill was read the third time, and
passed.
The Senate took up the report of the committee of the
whole, on the bill requiring the record of all deeds of gift
from the parent to the child, or children, where actual pos¬
session of property therein conveyed, is not given at the time
of the execution thereof; the report was agreed to—and
the bill was read the third time, and passed.
The Senate took up the report of the committee of the whole,
on the bill to incorporate the Mount Horeb Grand Valley
Academy in the cbunty of Pulaski, and to appoint trustees
for the same; Mr Bell offered a substitute to the original;
Mr. Spencer offered an amendment to the substitute; and,
On motion, the original and amendments were laid on the
table for the present.
The Senate took up the report of the committee of the
whole, on the bill to extend the time of the taking out of
grants in the gold and land districts in the Cherokee coun-
190
try; Mr. Jones offered a substitute in lieu of the original; and,
On motion of Mr. Knight,
The original and substitute were laid on the table for the
present.
The Senate took up the report of the committee of the
whole, on the bill to extend the corporate limits of the town
of McDonough, in the county of Henry, and to confer upon
the commissioners of said town, the right of assessing taxes
upon the citizens thereof, or the performance of road duties,
as the commissioners may deem expedient; the report was
agreed to—the bill read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to repeal an act, entitled an act, to estab¬
lish election districts in the several counties therein named,
and to regulate the same, assented to, on the 21 st December,
1839, so far as relates to the county of Stewart; the report
was agreed to—the bill was read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to amend the rent laws of this State, so
far as relates to the city of Augusta ; the bill was reported
with amendments ; the report was agreed to—the bill was
read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill amendatory of an act, entitled an act, to
authorise the Justices of the Inferior Court of the several
counties of this State, to create and lay out any new dis¬
tricts, or change or alter the lines of those already laid out,
assented to, 23d December, 1839 ; the bill was reported
with amendments ; the report was agreed to—the bill was
read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to compel the commissioners of the West¬
ern and Atlantic Rail Road, to pay certain cost, and for
other purposes therein named ; the report was agreed to—
and the bill read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to alter and amend a part of the first sec¬
tion of the third article of the Constitution; Mr. Knight
offered a substitute to the original; which,
On motion of Mr. Cone,
Together with the original, was laid on the table for the
present.
The Senate took up the report of the committee of the
whole, on the bill to repeal the act, passed on the 23d De¬
cember, 1839, entitled an act, to authorise all free white
citizens of this State, of one year's residence, or longer, to
peddle, &c.; the report was agreed to—the bill was read
the third time, and on the question, Shall this bill now pass?
the yeas £.nd nays were required to be recorded, and are
yeas 18, nays 55.
191
Those who voted in the affirmative, are Messrs*
Beall, Gonder, Spencer,
Bryan of Stewart, Gordon, Thomas,
Calhoun, Holmes of Baker, Waldhour,
Dart, Hopkins, "Williams,
Dawson, Miller, Williamson,
Glover, Moore, Wright.
Those who voted in the negative, are Messrs.
Adams, Godard, Minter,
Beasley, Graves, Morris,
Bishop, Griggs, Neal,
Blackshear, Guess, Rainey,
Bryan of Macon, Hamilton, Robertson,
Camp, Harris of Taliaferro,Smith of Bryan,-
Camron, Harris of Warren, Speight,
Chastain, Heflin, Strickland of Tatt-
Christian, Henley, nail,
Cone, Jemeson, Strickland of Ware,
Conner, Janes, Swain,
Cox, Jones, Tornlinson,
Creach, Kimzey, Vincent,
Culbertson, Knight, Walker,
Diamond, Loveless, Warthen,
Dunagan, Mays, Watters,
Echols of Coweta, McAfee, Wiggins,
Echols of Walton, McConnell, Young.
Fryer, McDonald,
On motion of Mr. Gordon,
Th order was suspended—and Mr. Fryer reported a bill
to repeal so much of an act for compensating grand and
petit jurors of Telfair county, as relates to the grand jury
thereof; which was read the first time.
Leave of absence was granted to the Senator from Cam¬
den, for the balance of the session, after the 11th inst., on
important business.
On motion,
The Senate adjourned until 9 o'clock, to-morrow morning.
WEDNESDAY MORNING, December 9, 1840.
The Senate met pursuant to adjournment.
The Senate took up the report of the Committee of the
Whole, on the bill to incorporate the Mount Horeb Grand
192
Valley Academy, in the county of Pulaski; and also to in¬
corporate the. Washington Academy, in the county of Wil¬
kinson, and appoint trustees for the same; the report was
amended and agreed to.
The bill was read the third time and passed.
The Senate took up the report of the Committee on Inter¬
nal Improvement.
On motion of Mr. Echols, of Walton, to strike out the fol¬
lowing resolutions—
Resolved, That the Treasurer of the State be and is hereby
authorised, to receive in payment of all public dues, the
scrip heretofore issued by the commissioners of the Western
and Atlantic Rail Road, which are made payable in bonds
of the State when presented in certain amounts; and that
the Central Bank in like manner, be authorised to receive
such scrip in payment of d-ues to the Bank.
Be it further resolved, That the commissioners shall, from
the sale of State bonds in their hands, reimburse and pay
to the said Treasurer and bank, the amount which shall have
been paid as aforesaid.
The yeas and nays were required to be recorded, and
are yeas 61, nays 16.
Those who voted in the affirmative, are Messrs.
Adams, Godard, Neal,
Beall, Goode, Reeves,
Beasley, Graham, Reid,
Blackshear, Graves, Robertson,
Boggess, Harris of Burke, Smith of Bryan,
Bryan of Macon, Harris of Taliaferro,Speight,
Bryan of Stewart, Harris of Warren, Spencer,
Bulloch, Heflin, Strickland of Tatt-
Camron, Henley, nail,
Chastain, Holmes of Baker, Strickland of Ware,
Christian, Holmes of Houston,Thomas,
Cone, Hopkins, Tomlinson,
Conner, Jemeson, Vincent,
Cox, Janes, Waldhour,
Crosby, Kimzey, Watters,
Culbertson, Knight, Williams,
Diamond, Lindsay, Williamson,
Dunagan, Mays, Wiggins,
Echols of Walton, McDonald, Wright,
Fryer, Minter, Young.
Glover, Morris,
Those who voted in the negative, are Messrs.
Bishop, Dawson, Griggs,
Calhoun, Gonder, Guess,
Camp, Gordon, Hamilton,
2.93
Hammond, McConnel], Moore,
Loveless, Miller, Rainey.
McAfee,
The Senate took up the following resolution which was
amended and agreed to :
Resolved, That the Directors of the-Central Bank pay, in
•current funds, the scrip or evidence of debt issued by the
commissioners of the Western and Atlantic Rail Road, so
far as such scrip may have been issued before the adoption
of this resolution.
The following resolution was taken up and read :
Resolved, That the Directors of said bank shall receive all
scrip or certificates of the Commissioners of the Western
and Atlantic Rail Road, founded on State stock paid out for
■work done or right of way, previous to this date, in payment
of all debts due said bank ; and said Directors shall have
full authority to dispose of the amount of scrip received by
them as payment as aforesaid.
And on the question, shall this resolution be agreed to, the
yeas and nays were required to be recorded, and are yeas
20, nays 55.
Those who voted in the affirmative, are Messrs.
Beasley,
Bishop,
Calhoun,
Camp,
Camron,
Christian,
Dawson,
Those who voted
Adams,
Beall,
Blackshear,
Boggess,
Bryan of Macon,
Bulloch,
Chastain,
Cone,
Conner,
Crosby,
Diamond,
Dunagan,
Echols of Coweta,
Echols of Walton,
Fryer,
/Glover,
Godard,
Gonder, Loveless,
Gordon, McConnell,
Griggs, Miller,
Guess, Rainey,
Hamilton, Spencer,
Hammond, Tomlinson.
"Knight,
in the negative, are Messrs.
Goode, Moore,
Graham, Morris,
Graves, Neal,
Harris of Burke, Reeves,
Harris of Taliaferro,Reid,
Harris of Warren, Robertson,
Heflin,
Henley,
Holmes of Baker,
Hopkins,
Jemeson,
Janes,
Kimzey,
Lindsay,
Mays,
McDonald,
Smith of Bryan,
Speight,
Strickland of Tatt¬
nall,
Strickland of Ware9
Swain,
Thomas,
Vincent,
Waldhour,
Warthen,
Watters,
194
Williams, Wiggins, Young-
Williamson, Wright,
The following resolution was taken up and read :
Resolved, That a committee of _ be appointed to1
meet such committee as may be appointed by the House of
Representatives, with power to send for persons and papers,
to examine into the condition and progress of the Western
and Atlantic Rail Road, to know what contracts have been
made, how they have been made, how they have been ful¬
filled, and how paid; and to enquire and ascertain all things
concerning said road; and report the same to the Legislature.
Mr. Cone moved to lay the resolution on the table for the
balance of the session.
On which motion, the yeas and nays were required to
be recorded, and are yeas 62, nays 17.
Those who voted in the affirmative, are Messrs,
Beall, Goode, Morris,
Beasley, Gordon, Neal,
Blackshear, Graham, Rainey,
Boggess, Guess, Reeves,
Bryan of Macon, Hammond, Robertson,
Calhoun, Harris of Burke, Smith of Bryan,
Camron, Harris of Taliaferro,Spencer,
Chastain, Harris of Warren, Strickland of Tatt-
Christian, Heflin, nail,
Cone, Henley, Strickland of Ware,
Cox, Holmes of Baker, Swain,
Crosby, Holmes of Houston,Thomas,
Culbertson, Jemeson, Tomlinson,
Bart, Janes, Waldhour,
Bawson, Kimzey, Walker,
Biamond, Knight, Warthen,
Bunagan, Mays, Williams,
Echols of Walton, McAfee, Williamson,-
Fryer, McConnell, Wiggins,
Godard, Miller, Wright,
Gonder, Minter, Young.
Those who voted in the negative, are Messrs-
Adams, Graves, Moore,
Bishop, Griggs, Reid,
Bulloch, Hamilton, Speight,
Camp, Hopkins, Vincent,
Echols of Coweta, Jones, Watters-
Glover, Lindsay,
The resolutions authorising the Governor to pny over to
the Senators of different counties, the common school fund
195
apportioned to said counties, were taken up, read and refered
to a select committee, consisting of Messrs. Spencer, Cone,
•and Dunagan.
The Senate took up the following resolution from the
House of Representatives, and on the question to concur, the
yeas and nays were required to be recorded, and are, yeas
47, nays 30.
Those who voted in the affirmative, are Messrs.
Bea.ll, Echols of Coweta, McAfee,
Beasley, Echols of Walton, McConnell,
Blackshear, Glover, Morris,
Boggess, Godard, Rainey,
Bulloch, Graham, Reeves,
Camp, Griggs, Robertson,
Camron, Guess, Speight,
Chastain, Hamilton, Strickland of Tatt-
Christian, Hammond, nail,
Cone, Henley, Strickland ©f Ware,
Conner, Holmes of Houston,Swain,
Cox, Jemeson, Tomlinson,
Crosby, Kimzey, Waldhour,
Culbertson, Lindsay, Walker,
Diamond, Loveless, Williams,
Dunagan, Mays, Young.
Those who voted in the negative, are Messrs.
Adams, Graves, Moore,
Bryan of Macon, Harris of Burke, Neal,
Bryan of Stewart, Harris of Taliaferro,Reid,
Calhoun, Harris of Warren, Smith of Bryan,
Dart, Janes, Spencer,
Dawson, Jones, Thomas,
Fryer, Knight, Vincent,
Gonder, McDonald, Williamson,
Goode, Miller, Wiggins,
Gordon, Minter, Wright.
So the Senate concurred.
Whereas-, the creation of the office of a Geological Sur¬
veyor of this State, involves the State in an annual expendi¬
ture of several thousand dollars, without producing any ad¬
equate advantage to the people thereofi
Be it therefore resolved by the Senate and House of Representa¬
tives of the State of Georgia, in General Assembly met, That the
said office of Geological Surveyor of this State, be and the
same is hereby, abolished.
The following message was received from the House of
Representatives, b^Mfr-Ctd-innissGheir Clerk, to wit;
196
Mr. President:—The House of Representatives have pass¬
ed the following bills:
A bill to amend an act to apppoint commissioners to lay
out and open a new road through a part of Camden county,
and to designate the hands who shall be liable to work there¬
on; also, to establish a ferry across the Great Satilla river,
and fix the rates of ferriage at the same, assented to 23d
December, 1839.
A bill to extend the time for taking out grants for lands in
the counties of originally Early, Irwin, Appling Hall, Hab¬
ersham, and Rabun; and to provide for the disposition of
the same, if not granted within the time extended.
A bill to repeal an act consolidating the offices of tax col¬
lector and receiver of tax returns, so far as respects the
county of Gwinnett, assented to 9th December, 1839.
A bill to authorise the Inferior Court of Jasper county, to
levy an extra tax on the citizens of said county, to enable
said court to pay for the erection of a court house in said
county.
A bill to change the name of John Thomas Richardson,
of Stewart county, to that of John Thomas Smith.
A bill to authorise Thomas R. Huson and Company, to
erect a bridge, acros the river Etowah, in the county of Cass,
and to charge and collect toll at the same.
A bill amendatory to an act, relative to the several tax
laws of this State, which was approved on the 8th Decem¬
ber, 1810.
A bill to alter and change the name of James Riley Bry¬
ant, of Pulaski county, to that of James Riley Dykes, and
to legitimatize the same.
A bill to repeal a part of an act, entitled an act to com¬
pensate grand and petit jurors of the Superior and Inferior
Courts of the several counties therein named, and to provide
for the payment of the same, assented to the 23rd Decem¬
ber, 1837.
A bill to repeal an act to compensate persons who may be
compelled to attend the Superior Courts of this State, as
witnesses in behalf of the State, in counties other than where
such person or persons may reside.
A bill to authorise Joseph Wilson, of Cass county, to es¬
tablish a toll bridge across the Oostenauly river, on his own
land, to fix the rate of toll on the same, and to erect a mill
dam on said river.
A bill to authorise the Clerk of the Inferior Court of the
county of Clark, to advertise Estrays in one of the gazettes
published in Athens.
Also—The bill of the Senate, to create and organise a
new Judicial circuit, to be called the Southwestern circuit,
and to appoint the times of holding the Superior and Inferior
197
Courts in said circuit; with an amendment by way of sub¬
stitute—to which they desire the concurrence of the Senate.
The following preamble and resolutions were taken up
and agreed to.
Whereas, there is now a good road from the city of Bruns¬
wick, in the county of Glynn, passing through Waynesville,
Wayne county, Waresborough, Ware county, Troupville,
Lowndes county, Thomasville, Thomas county, Duncans-
ville, also in Thomas county, to Tallahassee, or through
Quincy, to Chattahoochee, Florida: And whereas, it is of
great importance to the people of the lower country of this
State, and Middle Florida, that a mail should be conveyed
on the road aforesaid : Therefore,
Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That our Senators
and Representatives in Congress be, and they are hereby re¬
quired to use their influence to have a mail route established
between Brunswick, in this State, and Tallahassee or Chat¬
tahoochee,Florida, to run through the places above mentioned,
The Senate took up the following resolutions of the Select
Committee appointed by the House of Representatives, to wit:
The Select Committee, to whom was referred so much of
the Governor's special message on the subject of certain
claims against the State as relates to the claims of the heirs
of McCullough—report:
That after an examination into the history and merits of
this claim, they are of opinion that notwithstanding its great
antiquity, it is entitled to the favorable and liberal consider¬
ation of the Legislature. The claim, besides many strongly
corroborating circumstances, seems to be most firmly estab¬
lished by a resolution of the House of Representatives, in
the year 1794, which is to be found upon the Journals of that
date, recognising the same to be "just and true to the amount
of" thirteen hundred and ninety-five pounds fifteen shillings,
after depreciating the same agreeable to the scale of depre¬
ciation at the date of the account upon which it was foun¬
ded. This account according to the same resolution, ap¬
pears to have been for supplies furnished the forces of this
State, during the war of the revolution. The depreciation
or reduction to specie standard, which was directed to be
made as above stated.
The committee find by reference to "scaling tables" of
that day, to be nearly five-sixths of the nominal amount or
value; and the sum of thirteen hundred and ninety-five
pounds and fifteen shillings, so scaled, makes the sum of
(<£263 8) two hundred and sixty-three pounds eight shillings,
then due, according to the resolution; and which, when re¬
duced to federal money, is the sum of eleven hundred and
twenty-eight dollars and eighty-six cents.
198
This amount, then acknowledged by the House of Repre¬
sentatives to be due, your committee are clearly of opinion
has never been discharged, and they think ought now to be
paid. Forty-six years have passed since that acknowledg¬
ment of debt was made. The interest, at the legal rates of
this State, for that period, would be the sum of four thousand
one hundred and fifty-three dollars and eighty cents, making
the entire claim, including the interest, now due, the sum of
five thousand two hundred and eighty-two dollars sixty-six
cents.
Upon the subject of interest, some doubts have been en¬
tertained by some of the committee. It would seem, how¬
ever, that the great principles of justice should govern this
as other cases of equity and right, and then the members
of the House can determine, as well without as with, any
considerations offered by the committee. No argument of
theirs could either strengthen or weaken that obligation.
In pursuance of these views, in conclusion, the committee
submit the following resolutions:
Resolved, That the sum of eleven hundred and twenty-
eight dollars and eighty-six cents, which apppears to be just¬
ly due as principal on the claim of the heirs of David Mc-
Cullough, against the State, for supplies furnished during the
revolutionary war, ought to be paid, and that said sum of
money for said object, be inserted in the general appropri¬
ation bill of this session.
And be it further resolved, That the sum of four thousand
one hundred and fifty-three dollars and eighty cents, the
amount of interest due on the said claim, ought also to be
paid;-and that such sum likewise be accordingly inserted
in the appropriation bill.
On the question to concur with the House of Representa¬
tives, to the report and resolutions, the yeas and nays were
required to be recorded, and are yeas 37, nays 41.
Those who voted in the affirmative, are Messrs.
Beall, Gonder, McDonald,
Bishop, Goode, Miller,
Blackshear, Harris of Burke, Minter,
Bryan of Macon, Harris of Taliaferro,Reid,
Bryan of Stewart, Harris of Warren, Spencer,
Bulloch, Holmes of Baker, Thomas,
Calhoun, Holmes' of Houston,Tomlinson,,
Christian, Hopkins, Vincent,
Cox,. Janes, Waldhour,.
Dart, Jones,. Warthen,
Dawson, Knight, Williams,
Fryer, Lindsay, Wright.
Godard,
199
Those who voted in the negative, are Messrs*
Adams,
Graham,
Neal,
Beasley,
Griggs,
Rainey,
Boggess,
Guess,
Reeves,
Camp,
Hamilton,
Robertson,
Camron,
Hammond,
Smith of Bryan,
Chastain,
Henley,
Speight,
Cone,
Jemeson,
Strickland of Tatt¬
Crosby,
Kimzey,
nall,
Culbertsom,
Loveless,
Strickland of Ware,
Diamond,
Mays,
Swain,
Echols of Coweta,
McAfee,
Watters,
Echols of Walton,
McConnell,
Williamson,
Glover,
Moore,
Wiggins,
Gordon,
Morris,
Young.
So the Senate refused to concur.
The following resolutions from the House -of Representa¬
tives was taken up, read and concurred in:
The committee to whom was referred the communication
of his Excellency the Governor, on the subject of the tax
act for the year 1840, beg leave to report*.
That they have had the same under consideration, and are
of opinion that the State is not entitled to any portion of the
tax collected in the year 1840. The money raised from tax¬
es the present year, is from the returns of taxable property
in the year 1839. The law then gave to the counties the
entire taxes.
The act to which the Governor directs the attention of the
Legislature is an act to impose, levy and collect a tax for
1840. The tax imposed and levied for the year 1840, is not
collected until the year 1841. Your committee are, there¬
fore, of opinion that the money collected this year is appro¬
priated by the act of 1838, which gives it all to the counties*
Resolved, That the Treasurer be required to pay to the
counties which have already paid their taxes into the Trea¬
sury this year, such sums as each may have paid.
Resolved, That his Excellency the Governor, be and he is
hereby authorised to furnish, or cause to be furnished, to the
commanding officer of the Savannah Volunteer Guards, of
Savannah, with eighty muskets for the use of said company,
upon his delivering up the old arms now in possession of
said corps, and giving the security as in such cases required.
Resolved, That his Excellency the Governor, be and he is
hereby authorised and requested to transmit with the laws
and journals of the present session, to the county of Dade,
six copies of Green and Lumpkin's Georgia Justice, and six
copies of Dawson's Compilation for the use of the Justices
2t)0
of the Inferior Court and Justices of the Peace, in and for
said county.
jResolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met,, and it is t esolved by
the same, That our Senators and Representatives in Congress
use their influence to establish a two horse stage line from
Newnan, Coweta county, Georgia, by Watson's, St. Clair,
Franklin, Heard county, Houston, Walker, Standing Rock,,
and Fredonia, to Lafayette, Chambers county, Alabama.
Resolved, by the Senate and House of Representatives of the
State of Georgia, m General Assembly met, and it is hereby re¬
solved by the authority of the same, That his Excellency, the
Governor, be and he is hereby authorised, to pay to the sev¬
eral Senators -m this Legislature, the amounts of academic,
poor school and common school fund or funds, which may
be due to the several counties of this State.
Resolved, That his Excellency the Governor be and he is
hereby authorised'to draw his warrant upon the Treasury
for such sum of money in favor of Samuel A. Wales, Esq.,
for professional services rendered by him in defending cer¬
tain actions of ejectment, in the Superior Court of Haber¬
sham county, at the instance of the heirs of Samuel Ward,
against John S. Dobbins, George Edmondson, and others,
as was paid to Messrs Charles Dbugherty and James A.¬
Meriwether, for like services ; and that the same be provid¬
ed for in the act of appropriation.
Mr. Echols, of Walton, reported a bill to- repeal an act
entitled an act to- alter and amend an act more effectually tcr
secure the solvency of all banking institutions in this State,
as passed on the 24th day of December, 1832, passed 21st
December, 1833; which was read the first time.
Also—A bill to provide for the election of members of the'
Legislature of this State, &c.; which was read the first time.
Mr. Gonder reported a bill for the relief of Mrs. Sarah H*
Alfriend; read the first time.
The Senate took up the following substitute of the House
of Representatives, to the bill of Senate organising a new
Judicial district, to wit r
A bill to create and organize a new Judicial circuit, to be
called the Southwestern Circuit, and to appoint the times of
holding the Superior and Inferior Courts in said circuit.
The substitute was taken up, read and passed under the
title thereof.
The Senate then adjourned until 3 o'clock, this afternootu
zujl
Three O'clock, P. Mv
The Senate met pursuant to adjournment.
Mr. Morris laid the following resolution on the table; which
Was taken up, read and agreed to:
Resolved, That his Excellency be required to draw his
warrant in favor of the tax collectors of such counties as have
paid over their tax, under the act of 1839; and that the
same be paid over to the Senator of such county on their re¬
ceipting for the same.
On motion of Mr. Echols, of Walton,
The Senate took up the report of the Committee of the
Whole, on the bill of the House of Representatives, to par¬
don Jackson Mahon, of Baldwin county; the report was
agreed to.
The bill was read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to guard and protect the citizens of this-
State against the unwarrantable and too prevalent use of
deadly weapons, passed the 25th December, 1837; and
On motion of Mr. Gordon, the report was re-committed to
a committee of the whole.
The Senate took up the report of the Committee of the
Whole, on the bill to lay out and organise anew county from
the counties of Hall, Habersham and Lumpkin.
On motion of Mr. Cone, the report was laid on the table
for the balance of the session.
The Senate took up the report of the Committee of the
Whole, on the bill to prevent Attorneys at Law from giving
evidence in suits at law, in any case where they are employ¬
ed either as plaintiff's or defendant's attorney; the report
was agreed to.
The bill was- read the third time and lost.
The Senate took up the report of the Committee of the-
Whole, on the bill to alter and change the line between the
counties of Walker and Dade ; the report was agreed to.
The bill was read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to grant the rights and privileges of citi¬
zenship to certain persons and their descendants therein nam¬
ed, and to remove all legal disabilities heretofore imposed on
said persons; 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 0, nays' 78.
Those who voted in the negative are Messrs.
Adams, Beasley, Blackshear,
Beall, Bishop, Boggess?
202
Griggs,
Guess,
Hamilton,
Hammond,
Harris of Burke,
Harris of Taliaferro,Smith of Bryan,
Harris of Warren, Speight,
Heflin, Spencer,
Henley, Strickland of Tatt-
Holmes of Baker, nail,
Holmes of Houston,Strickland of Ware,
Bryan of Macon, Griggs, Neal,
Bryan of Stewart, Guess, Rainey,
Bulloch, Hamilton, Reeves,
Calhoun, Hammond, Reid,
Camp, Harris of Burke, Robertson,
Camron,
Chastain,
Christian,
Cox,
Creach,
Crosby,
Culbertson, Hopkins, Swain,
Dawson, Jemeson, Thomas,
Diamond, Janes, Tomlinson,
Dunagan, Jones, Vincent,
Echols of Coweta, Kimzey, ' .Waldhour,
Echols of Walton, Knight, Walker,
Fryer, Lindsay, Warthen,
Glover, Mays, Watters,
Godard, McAfee, Williams,
Gonder, McDonald, Williamson,
Goode, Miller, Wiggins,
Gordon, Minter, Wright,
Graham, Morris, Young.
Graves,
Leave of absence was granted to the Senator from Glynn
for the balance of the session.
Mr. Echols, of Walton, Chairman of the Joint Military
Committee, laid the following on the table :
That finding it impracticable, from the inattention of a
large portion of the Committee to attend at the times ap¬
pointed by the chairman, and the frequent failure to obtain
a quorum to do business, your committee therefore beg to be
discharged from the further duties which may be referred to
their consideration.
On motion of Mr. Echols, of Walton,
The claim referred to in his Excellency the Governor's
message, of Captain Berry W. Gideon, was referred to a
select committee, consisting of the following gentlemen:
Messrs. Echols of Walton, Goode, and Beall.
The Senate took up the report of the Committee of the
Whole, on the bill to incorporate the Irwin Factory Company,
in the county of Irwin; the report was agreed to.
The bill was read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to authorise constables to serve processes
and perform other acts pertaining to their office, in any dis¬
trict in the county, in certain cases therein specified; the
report was agreed to.
The bill was read the third time and passed.
203
The Senate took up the report of the Committee of the
Whole, on the bill to repeal an act, entitled an act to prevent
the several banks of this State from selling or disposing of
Exchange, at a higher rate per cent, than herein expressed,
under certain conditions ; and to prescribe the mode of pun¬
ishment for a violation of the same, assented to 23d Decem¬
ber, 1839; report was agreed to; the bill was read the third
time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to alter and amend the forty-third section
of the fourth division of the penal code of this State ; the re¬
port was agreed to, and the bill was read the third time and
passed.
The Senate took up the report of the Committee of the
Whole, on the bill to provide for taking the evidence of par¬
ties to suits at law to be used on the trial of their causes;
the report was agreed to, and the bill was read the third
time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to amend an act, entitled an act to regu¬
late slaves and free persons of color, in the counties of Mc¬
intosh and Liberty, assented to 21.st December, 1839 ; the
report was agreed to, and the bill was read the third time
and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to incorporate the Presbyterian Church of
Roswell, Cobb county; the report was agreed to, and the
bill was read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to alter and change the name of Salem,
the county site of Dade county, to that of Trenton; the re¬
port was agreed to, and the bill was read the third time
and passed.
The following bills were severally taken up, read the se¬
cond time, and committed to a committee of the Whole.
A bill to incorporate the Shearer Springs, in Henry county.
A bill to incorporate the First Presbyterian Church of
Savannah.
A bill to amend an act entitled an act to incorporate the
Augusta and Waynesborough Rail Road, assented "to 31st
December, 1838.
A bill to change an election precinct from the house of
James Lofton, in Baker county, in the 626th district, to Wil-
laim G. Pierce's, in said district.
A bill to consolidate the offices of tax collector and receiv¬
er of tax returns of the county of Effingham.
A bill to incorporate the Methodist Episcopal Church in
Chattooga county, to be called the Broomtown Valley Church,
and to aDDoint trustees for the same.
204
A bill for the relief of Sarah Mansfield of Decatur county-
A bill to incorporate the Cross Plains and Red Clay Branch
Rail Road Company of Georgia.
A bill to give carpenters and masons an incumbrance for
debts due them on account of work done and materials fur¬
nished in building, or finishing, or repairing houses, on such
houses and the premises to which they may be attached, in
the town or village of Sandersville, in the county of Wash¬
ington.
A bill to alter and amend the fifth section of the fourth
division of the penal code of this State, and to define the
punishment of murder.
A bill to repeal so much of an act compensating the grand
and petit juries of Telfair county, as relates to the grand jury
thereof.
A bill to change the county line from certain points be¬
tween the counties of Marion and Muscogee, so as to make
the line straight.
A bill to incorporate a volunteer corps of Riflemen in the
city of Augusta, &c.
A bill to require the commissioners of the Western and
Atlantic Rail Road so to arrange, as that at least one of them
shall be always on the road, personally supervising the en¬
gineers and contractors.
A bill to authorise Shubael Tenney to open and keep open
the North Oconee river, from Athens to Chandler's bridge;
and to vest in him, his heirs and assigns, the said right for
the term of ten years; and to fix the maximum rates of
transporting lumber, wood and produce, thereon.
A bill to appoint commissioners for the Washington Coun¬
ty Academy, and to make the same a body corporate, as¬
sented to 30th November, 1819.
A bill to extend the corporate limits of the town of Tal-
botton.
A bill for the relief of William Conyers and James H.
Martin, securities of Harbert Rainey.
A bill to repeal an act entitled an act to incorporate the
town of Springfield, in the county of Effingham, and to ap¬
point commissioners for the same, and other purposes therein
named; assented to 31st December, 1838.
Mr. Cone, from the Committee on Enrollment reported as
duly enrolled, an act to create and organise a new Judicial
circuit, to be called the Southwestern circuit, and to appoint
the time of holding the Superior and Inferior Courts in said
circuit.
The following bills of the House of Representatives were
severally taken up and read the first time:
A bill to appoint additional trustees for Habersham Coun¬
ty Academy.
205
A bill to amend an act entitled an act to incorporate the
Mossey Creek Methodist Camp Meeting Ground, in the
county of Habersham, passed 24th December, 1832; and
to appoint trustees for said Camp Meeting Ground.
A bill to repeal an act, passed 22d December, 1837, enti¬
tled an act for the compensation of grand and petit jurors of
Bibb county.
A bill to grant the rights and privileges of citizenship to
certain persons and their descendants, of the Cherokee tribe
of Indians, herein named; and to remove all legal disabili¬
ties heretofore imposed on said tribe of Indians, so far as
respects said persons.
A bill for the relief of securities.
A bill to be entitled an act to amend an act entitled an act
to incorporate the Habersham Iron Works and Manufacturing
Company.
A bill to attach the volunteer company in Macon county,
called the Flint River Blues, to the second brigade of the
eighth division, G. M.
A bill to amend an act incorporating the city of Darien,
assented to 3d December, 1821; and also, all acts relative
thereto.
A bill to compensate the grand/ and petit jurors of Dooly
county.
A bill to incorporate Post Oak Level Academy, and to
appoint trustees for the same ; and also, for Amsden Acad¬
emy in the county of Columbia.
A bill to establish election districts, and to alter some al¬
ready established, in the several counties therein named,
and to regulate same.
A bill to amend an act entitled an act to give to masons
and carpenters an incumbrance for debts due on account of
work done and materials furnished in building or repairing
houses, on such houses and the premises to which they may
be attached; and to repeal all laws on this subject, so far as
relates to the counties of Richmond and Mcintosh, and in
the cities of Savannah, Macon and Columbus, passed 22d
December, 1834, so as to give to painters in the city of Co¬
lumbus, the like security for debts due on account of paint¬
ing done on houses in said city.
On motion,
The Senate~2tdjQurned-nntil 9 o'clock, to-morrow morning.
206
THURSDAY MORNING, December 10, 1840.
The Senate met pursuant to adjournment.
Mr. Harris, of Warren, moved to reconsider so much of
the Journal of yesterday, as relates to the passage ol the
resolution from the House of Representatives, abolishing the
office of Geological Surveyor of this State.
On which motion, the yeas and nays were required to be
recorded, and are yeas 35, nays 47.
Those who voted in the affirmative, are Messrs.
Adams, Gordon, Neal,
Beasley, Harris of Burke, Reid,
Bryan of Macon, Harris of Taliaferro,Smith of Bryan,
Bryan of Stewart, Harris of Warren, Smith of Twiggs,
Calhoun, Janes, Spencer,
Creach, Jones, Thomas,
Dart, Knight, Vincent,
Dawson, Lindsay, Waldhour,
Floyd, McDonald, Williamson,
Fryer, Miller, Wiggins,
Gonder, Minter, Wright.
Goode, Moore,
Those who voted in the negative, are Messrs.
Beall, Echols of Coweta, McConneh,
Bishop, Echols of Walton, Morris,
Blackshear, Glover, Rainey,
Boggess, Godard, Reeves,
Bulloch, Graham, Robertson,
Camp, Griggs, Speight,
Camron, Guess, Strickland of Tattn'l
Chastain, Hammond, Strickland of Ware,
Christian, Heffin, Swain,
Cone, Holmes of Baker, Tomlinson,
Conner, Holmes of Houston, Walker,
Cox, Jemeson, Warthen,
Crosby, Kimzey, Watters,
Culbertson, Loveless, Williams,
Diamond, Mays, Young.
Dunagan, McAfee,
The Senate refused to reconsider.
Mr. Beall moved to reconsider so much of the Journal ol
yesterday, as relates to the rejection of the preamble and
resolution from the House of Representatives, on the claims
of the heirs of McCullough.
On which motion, the yeas and nays were required to be
recorded, and are yeas 44, nays 3d.
207
Those who voted in the affirmative, are Messrs*
Beall, Glover, Minter,
Bishop, Godard, Moore,
Blaekshear, Gonder, Reid,
Bryan of Macon, Goode, Smith of Bryan?
Bryan of Stewart, Harris of Bnrke, Spencer,
Bulloch, Harris of Taliaferro,Thomas,
Calhoun, Harris of Warren, Tomlinson,
Christian, Holmes of Baker, Vincent,
Cox, Holmes of Houston, Waldhour,
Creach, Hopkins, Walker,
Dart, Janes, Warthen,
Dawson, Jones, Williams,
Dunagan, Knight, Williamson,
Floyd, McDonald, Wright.
Fryer, Miller,
Those who voted in the negative, are Messrs.
Adams, Graham, McConneU,
Beasley, Griggs, Morris,
Boggess, Guess, Rainey,
Camp, Hamilton, Reeves,
Camron, Hammond, Robertson,
Chastain, Heflin, Smith of Twiggs,
Cone, Henley, Strickland, of Tatt-
Crosby, Jemeson, nail,
Culbertson, Kimzey, Strickland of Ware,
Diamond, Lindsay, Swain,
Echols of Coweta, Loveless, Watters,
Echols of Walton, Mays, Wiggins.
Gordon, McAfee, Young.
The following communication from his Excellency, the
Governor, was taken up, read, and referred to the Commit¬
tee on Finance, viz :
Executive Department, >
Milledgeville, 9th Dec. 1840. )
I consider it due to Mr. Ezekiel Root, the artist who con¬
structed the granite steps to the Capitol, to bring to the
notice of the Legislature, his claim for a balance due him
under a contract made with the commissioners of public
buildings, as the agent of the State. I communicate an ex¬
tract from a letter addressed by him to me; and also, the copy
of a letter from the commissioners, in reply to a note from
me, requesting them to state the difficulties which prevented
the payment. It appears, that the commissioners, under a
misapprehension of the amount of the appropriation, agreed
to pay for this work, a sum exceeding that appropriated,
two thousand dollars. As this error seems to have been un-
208
intentional on the part of the commissioners, and without
the fault of the contractor, justice would seem to demand
of you the payment of the sum yet due, with interest from
the time that it should have been paid by the contract.
I also transmit the copy of a letter from the Inspectors of
the Penitentiary, accompanied by an account for work done
by that Institution for the State.
I also place before you the copy of a letter from Colonel
S. A. Wales, giving information of the death of Brigadier
General Benjamin F. Patton, of Habersham county, of
the first brigade of the seventh division .; by which, that
office has become vacant.
[Signed,] ' CHARLES J. McDONALD.
The following message was received from the House of
Representatives, by Mr. Cabaniss, then: Clerk:
Mr. President:—The House of Representatives have pass¬
ed the following bills ;
A bill to change the place of holding elections in the coun¬
ty of Talbot, from the houses of R. A. Hall and Theodorick
Munford, to the house of Robert Carson, in said county, and
to establish an election precinct in the county of Hall.
A bill to incorporate an Institution for the promotion of
Christian knowledge and general education, to be called the
Georgia Episcopal Institute and Christ College, at Mont-
pelier, in the county of Monroe.
Mr. Gordon reported a bill to alter the third and seventh
sections of the firsrt article of the Constitution of this State;
which was read the first time.
Mr. Calhoun presented a memorial from sundry citizens
of Columbus; which was referred to the Committee on the
Judiciary, without being read.
Also—reported a bill to require the Sheriff and Coroner
of the county of Muscogee, to hold their sales at the
market-house, and to prescribe the amount in which they
shall give bond for the performance of their duty; which
was read the first time.
Mr. Williamson, Chairman of the Committee on the Ju¬
diciary, made the following report, to wit:
The Judiciary Committee, to whom was referred the bill
to be entitled an act, to disqualify all persons who shall
hereafter be convicted of certain crimes, from testifying in
any Court of Justice in this State, and from the privilege of
performing the duties of a juror, report: that, after an ex-
.amination of the said bill, they deem it unnecessary to suggest
any amendment or alteration thereof, and that the said bill
be returned to the Senate, from whence it originated, to be
■considered by the Senate.
The report was taken up7I'Cftd, anddfgrecd lo.
209
Mr. Williamson, from the same committee, to whom was
referred the bill for the relief of Executors, Administrators,
and Guardians, in certain cases, made a report; which was
taken up, read, and, on motion, was laid on the table until
called up.
The Senate took up the report of the committee of the
whole, on the re-committed bill to guard and protect the
citizens of this State, against the unwarrantable and too
prevalent use of deadly weapons, passed the 25th Decem¬
ber, 1837 ; the report was agreed to—the bill was read the
third time, and passed.
Mr. Bishop from the Committee on Enrolment, reported
as duly enrolled, and signed by the Speaker of the House of
Representatives,
An act to repeal an act, to establish a general system of
education by common schools, assented to, 26th Decem¬
ber, 1837; also, an act to amend an act, to establish a
general system of education by common schools, assented
to, 29th December, 1838, and to change the common
school fund in the State of Georgia, to a poor school fund,
and to provide for distributing the same.
The Senate took up the report of the committee of the
whole, on the re-committed bill to disqualify all persons who
shall hereafter be convicted of certain crimes, from testify¬
ing in any Court of Justice in this State, and from the privi¬
lege of performing the duties of a juror.
Mr. Miller moved to strike out the 31st section of the 6th
division, and insert the "39th section of the same division ;
which was agreed to.
Mr. Moore moved to add the 1st and 2nd sections of the
10th division.
On which motion, the yeas and nays were required to be
recorded, and are yeas 31, nays 40.
Those who voted in the affirmative are Messrs.
Beall, Dawson, Reid,
Beasley, Diamond, Smith of Twiggs,
Bishop, Fryer, Speight,
Blackshear, Griggs, Spencer,
Bryan of Macon, Harris of Warren, Strickland of Tatt-
Bry an of Stewart, Janes, nail,
Bulloch, Lindsay, Strickland of Wae,
Camp, Minter, Vincent,
Christian, Moore, Warthen,
Cone, Neal, Wright.
Creach, Reeves,
Those who voted in the negative, are Messrs.
Boggess, Chastain, -Cox,
Camron, Conner, Echols of Coweta,
209
Floyd,
Godard,
Gonder,
Goode,
Gordon,
Graves,
Hamilton,
Hammond,
Harris of Burke,
Holmes of Baker,
Holmes of Houston,
Hopkins,
Jemeson,
Kimzey,
Knight,
Mays,
McAfee,
McConnell,
Rainey,
Robertson,
Smith of Bryan?
Swain,
Thomas,
Tomlinson,
Waldhour,
Watters,
Williamson,
Wiggins,
Young.
Harris of Taliaferro,Miller,
Heflin, Morris,
Henley,
Mr. Moore moved also to add the 1st section of the 12th
division ; which was agreed to.
Mr. Dawson moved to add the 3d, 4th, and 5th divisions.
Mr. Floyd moved to lay the report and amendments on
the table for the balance of the session.
On which motion, the yeas and nays were required to
be recorded, and are yeas 29, nays 47.
Those who voted in the affirmative, are Messrs.
Beasley,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Chastain,
C reach,
Dart,
Dunagan,.
Floyd,
Glover,
Those who voted
Beall,
Bishop,
Blackshear,
Calhoun,
Camp,
Camron,
Christian,
Cone,
Conner,
Cox,
Dawson,
Diamond,
Echols of Coweta,
Echols of Walton,
Fryer,
Gordon,
Godard,
Goode,
Graves,
Griggs,
Hamilton,
Harris of Burke,
Harris of Warren,
Henley,
Jemeson,
Janes,
Lindsay,
Miller,
Neal,
Robertson,
Smith of Bryan,
Thomas,
Vincent,
Waldhour,
Watters.
in the negative, are Messrs.
Graham, Reeves,
Guess, Reid,
Harris of Taliaferro, Smith of Twiggs?
Heflin,
Holmes of Baker,
Jones,
Kimzey,
Knight,
Loveless,
Mays,
McAfee,
McConnell,
Minter,
Moore,
Morris,
Rainey,
Speight,
Spencer,
Strickland of Tatt¬
nall,
Strickland of Ware?
Swain,
Walker,
Warthen,
Williams,
Williamson,
Wiggins,
Wright,
Young.
210
On motion of Mr. Miller,
The report was re-committed to a committee of the whole.
The Senate took up the report of the committee of the
whole, on the bill to repeal all acts establishing election pre¬
cincts in the different counties of this State. And,
On motion of Mr. Dunagan,
The report was laid on the table for the balance of the
session.
The Senate took up the report of the committee of the
whole, on the bill to alter and fix the time of holding elec¬
tions for Senators of the several counties in this State; which,
On motion, was laid on the table for the present.
The Senate took up the report of the committee of the
whole, on the bill to make Clerks of the Courts of Ordinary,
elective by the people ; 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 48, nays 32.
Those who voted in the affirmative, are Messrs.
Beasley,
Graves,
Miller,
Bishop,
Griggs,
Minter,
Boggess,
Hamilton, 1
Moore,
Bryan of Macon,
Harris of Taliaferro,Rainey,
Camp,
Harris of Warren,
Reid,
Camron,
Heflin,
Robertson,
Chastain,
Holmes of Houston,Smith of Twiggs,
Cone,
Jemeson,
Speight,
Conner,
Janes,
Spencer,
Cox,
Jones,
Strickland of Tatt¬
Creach,
Kimzey,
nall,
Dart,
Lindsay,
Vincent,
Dawson, \
Loveless,
Walker,
Diamond,
Mays,
Watlers,
Glover,
McAfee,
Williamson,
Godard,
McConnell,
Wright.
Graham,
Those who voted in the negative, are Messrs.
Beall,
Blackshear,
Bryan of Stewart,
Bulloch,
Calhoun,
Christian,
Dunagan,
Echols of Coweta,
Echols of Walton,
Floyd,
Fryer,
Gonder,
Goode,
Gordon,
Guess,
Hammond,
Harris of Burke,
Henley,
Holmes of Baker,
Hopkins,
Knight,
Morris.
Neal,
Reeves,
Smith of Bryan,
Strickland of Ware,
Swain,
Tornlinson,
Waldhour,
Warthen,
Wiggins,
Young.
212
The Senate took up the report of the committee of the
whole, on the bill to authorise certain commission s in
named, to establish a lottery, for the purpose of raising the
sum of fifteen thousand dollars, to be appropriated to the
'expense of erecting and endowing an Academy m the city
of St. Marys, in the county of Camden.
Mr. Miller offered an additional section.
Mr. Reid moved to lay the report on the table for the bal¬
ance of the session.
On which motion, the yeas and nays were required to be
recorded, and are yeas 39, nays 39.
Those who voted in the affirmative, are Messrs.
Godard, Moore,
Goode, Neal,
Griggs, Reid,
Hammond, Smith of Bryan,
Harris of Burke, Speight,
Harris of Warren, Strickland of Tatt-
Holmes of Houston, nail,
Janes, Tomlinson,
Kimzey, Vincent,
Knight, Waldhour,
Lindsay, Williams,
Miller, Williamson,
Minter, Wright.
Bea.ll,
Beasley,
Blackshear,
Bryan of Stewart,
Bulloch,
Chastain,
Christian,
Creach,
Dawson,
Diamond,
Dunagan,
Floyd,
Fryer,
Glover,
Those who voted in the negative, are Messrs.
Bishop, Guess, McDonald,
Boggess, Hamilton, Morris,
Calhoun, Harris of Taliaferro,Rainey,
Camp, Heflin,
Cone, Henley,
Cox, Holmes of Baker,
Eart, Hopkins,
Echols of Coweta, Jemeson,
Echols of Walton, Jones,
Gonder, Loveless,
Graham', jfe
McNeil,
Reeves,
Smith of Twiggs,
Spencer,
Strickland of Ware,
Swain,
Walker,
Warthen,
Watters,
Wiggins,
Young.
There bein Or o i h tj . ,
and the motion prevailed e ent vote^ in the affirmative)
On motion,
The Senate adjourned tn q > * i i •
j urnea to 3 o'clock, this afternoon.
213
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Calhoun reported a bill to alter and fix the time of
holding the Superior Courts of the counties of Marion, Har¬
ris, and Stewart, and to regulate the mode of arranging and
summoning grand and petit jurors in and for the counties
of Stewart and Talbot, in said counties ; which was read
the first time.
Mr. Dart reported a bill to amend an act to alter and fix
1 the time of holding the Superior Courts in the Eastern dis¬
trict ; which was read the first time.
Mr. Bryan, of Stewart, laid the following resolution on
the table; which was taken up, read, and agreed to, to wit:
Resolved, That no new matter be introduced into the Sen-
. ate, after to-day.
^ The following message was received from the House of
.Representatives, by Mr. Cabaniss, their clerk:
Mr. President:—-The House of Representatives have
rgreed to a resolution, that both branches of the General
- Assembly will meet in the Representative Chamber, on
Tuesday next, at 12 o'clock, M., for the purpose of electing
• i Judge and Solicitor General of the Southwestern Circuit,
md a Brigadier General for the first brigade of the seventh
division, G. M.
To which, they desire the concurrence of the Senate.
The following message was received from his Excellency
he Governor, by Mr. Home, his Secretary:
Mr. President:—His Excellency, the Governor, has as-
ented to, and signed,
An act to create a new Judicial Circuit, to be called the
Southwestern Circuit, and to appoint the times of holding
he Superior and Inferior Courts in said Circuit.
- Which, I am directed to return to this branch of the Gen-
' :ral Assembly, where it originated.
The Senate took up the report of the committee of the
i' vhole, on the bill to incorporate an Academy in the city of
,)f St. Marys, in Camden county, and to appoint trustees
^'or the same, &c.; the report was amended and agreed to
—the bill was read the third time, and passed.
The Senate took up the report of the committee of the
5, vhole, on the bill to change the places of holding election
precincts in the county of Jefferson ; the report was amend¬
ed and agreed to. .
The bill wa^ ll'lld the third- t-kns>, wid mi the Question,
214
Shall this bill now pass? the yeas and nays were required
to be recorded, and are yeas 50, nays 23.
Those who voted in the affirmative, are Messrs.
Adams,
Beasley,
Blackshear,
Griggs, Smith of Twiggs,
Hammond, Speight,
Harris of Burke, Spencer,
Harris of Taliaferro,Strickland of Tatt-
Bryan of Macon, Harris of Warren, nail,
Bryan of Stewart, Holmes of Baker, Strickland of Ware,
Bulloch, Holmes of Houston,Swain,
Calhoun, Jemeson, Thomas,
Christian, Janes, Tomlinson,
Creach, Jones, Vincent,
Dart, Knight, Warthen,
Echols of Coweta, Lindsay, Watters,
Floyd, Miller, Williams,
Fryer, Minter, Williamson,
Glover, Neil, Wiggins,
Godard, Reid, Wright,
Goode, Smith of Bryan, Young.
Graves,
Those who voted in the negative, are Messrs.
Beall,
Camp,
Camron,
Chastain,
Crosby,
Culbertson,
Diamond,
Dunagan,
Echols of Walton,
Gordon,
Guess,
Hamilton,
Heflin,
Hopkins,
Kimzey,
Loveless,
Mays,
McAfee,
McConnell,
Morris,
Rainey,
Reeves,
Robertson.
So the bill passed under the title thereof, as amended.
The Senate took up the report of the committee of the
whole, on the bill to alter and amend an act, entitled an act,
to compel Clerks of the Inferior Courts of the different coun¬
ties in this State, to claim estrays levied on by execution,
passed the 26th December, 1831 ; the report was agreed to
—the bill was read the third time, and passed.
On motion of Mr. Miller,
The bill to define the manner and mode of bringing suits
and actions at law against the maker or makers, endorser
or endorsers, of notes discounted at any of the Banking In¬
stitutions of the State of Georgia, was referred to a select
committee, consisting of Messrs. Miller, Gordon, and Wil¬
liams.
The Senate took up the report of the committee of the
whole, on the bill to amend an act, entitled an act, to grant
to Thomas Spalding and his associates, the right of con¬
structing a rail road off wood," or "digging a canal, from the
115
Ocmulgee to the Flint River, with certain privileges, ap¬
proved 22nd December, 1827 ; the report was agreed to—
the bill read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to alter and fix the time of holding the
Inferior Courts in the county of Fayette ; the report was
agreed to—the bill read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to incorporate the Female Academy in
Fayetteville, Fayette county, and to appoint trustees for the
same, and to repeal an act to incorporate Fayette County
Academy, passed the 24th of December, 1836 ; the report
was agreed to—the bill read the third time, and passed.
The Honorable George W. Carter, Senator elect from the
county of Wilkes, appeared, produced his credentials, was
sworn by the President of the Senate, and took his seat.
The Senate took up the report of the committee of the
whole, on the bill to compensate certain Volunteer Compa¬
nies in the counties of Lowndes and Ware, for services per¬
formed in the year 1838, and appoint a commissioner to
audit the same; the report was agreed to—the bill was read
the third time, and lost.
The Senate took up the report of the committee of the
whole, on the bill to incorporate the Milledgeville Turnpike
or Rail Road Company ; the report was agreed to—'the bill
was read the third time, and passed.
Mr. Gordon moved to suspend the order.
On which motion, the yeas and nays were required to be
recorded, and are yeas 68, nays 13.
Those who voted in the affirmative, are Messrs.
Adams, Echols of Coweta, Janes,
Beall, Echols of Walton, Jones,
Beasley, Fryer, Kimzey,
Bishop, Glover, Lindsay,
Blackshear, Godard, Loveless,
Boggess, Gonder, Mays,
Bryan of Macon, Gordon, McAfee,
Calhoun, Graves, McConnell,
Camp, ' Griggs, McDonald,
Camron, Guess, Minter,
Carter, Hammond, Morris,
Chastain, Harris of Burke, Neal,
Christian, Harris of Taliaferro,Rainey,
Conner, Harris of Warren, Reeves,
Cox, Heflin, Reid,
Culbertson, Henley, Robertson,
Dawson, Holmes of Baker, Smith of Twiggs,
Diamond, Holmes of Houston, Speight,
Dunagan, Jemeson, Spencer,
216
Strickland of Tatt- Thomas, Wa iters-
nail, Vincent, Williams,,
Strickland of Ware,Walker, Wiggins,
Swain, Warthen, Young.
Those who voted in the negative, are Messis.
Bryan of Stewart, Hamilton, Tomlinson,
Bulloch, Knight, Waldhour,
Creach, Miller, Williamson,
Floyd, Smith of Bryan, Wright.
Goode,
So the motion was agreed to.
Mr. Miller called up the resolutions of the House of Rep¬
resentatives, bringing on the elections, on Tuesday next, for
a Judge and Solicitor of the Southwestern Circuit; also,
a Brigadier General for the first brigade of the seventh
division of Georgia Militia.
Mr. Miller moved to strike out "Tuesday, 12 o'clock,"
and insert Saturday, 11 o'clock; which was agreed to.
The Senate concurred in the resolution, as amended.
Mr. Echols, of Walton, chairman of the select committee,
to whom was referred the communication of his Excellency,
the Governor, in relation to the letter of Captain Berry W.
Gideon, of Cass county, claiming pay for services'rendered
by his company of mounted men, in the protection of the-
citizens of Cherokee against the Cherokee Indians, reported,
that, from the investigation of the documents, before them,
in relation to said claims, it is not one of the character as
contemplated by the act of 1S37, as the company under
Captain Gideon's command, was not called into the service
by order of the Governor, or to repel any sudden invasion
by the Indians.
Your committee, are therefore of opinion, that said claim
ought not to be paid by the State.
Which was taken up, read, and agreed to.
Mr. McConnell offered the following resolution:
Resolved, That, after Saturday next, the meeting of the
Senate shall be at the hour of 9' o'clock, A. M., at half-past
2 o'clock, and at 7 o'clock, P. M.
The following bills of the House were taken up, and read
the first time.
A bill to amend the charter of the city of Macon* so tar
as respects the time of holding the charter election ol said
city.
A bill to repeal the proviso of the second section of an
act, to consolidate the offices of receiver of returns and tax
collector in the counties of Lumpkin, Gilmer, Tattnall.
Union, Pulaski, Telfair, "Walker, Cherokee, Early, Rabmt
Floyd, and Paulding,,m.^mmffimt Jlcccnibcm25th, 1S37 s1
far as the same relates to the county of Liunpkm.
'217
A bill to incorporate Bainbridge Female Academy in the
county of Decatur.
A bill amendatory to an act, relative to the several tax
laws of this State, which was approved on the 8th day of
December, 1810. * >
A bill to repeal an act, entitled an act, to compensate per¬
sons who may be compelled to attend the Superior Courts
of this State, as witnesses in behalf of the State, in counties
other than where such person or persons may reside.
A bill to amend the road laws of Camden county.
A bill to change the name of John Thomas Richardson,
of Stewart county, to that of John Thomas Smith.
A bill to be entitled an act, to repeal so much of an act
entitled an act, to authorise the Justices of the Inferior
Courts of the several counties in this State, to create and lay
out any new districts, or change and alter the lines of those
already laid out, assented to, 23d December, 1839, so far as
relates to the county of Cherokee.
A bill to extend the corporate limits of the town of Bain¬
bridge.
A bill to be entitled an act, to authorise Thomas R. Huson
and Company, to erect a bridge across the River Etowah, in
the county of Cass, and to charge and collect toll at the
same.
A bill to be entitled an act, to authorise Joseph Wilson,
of Cass county, to establish a toll bridge across the Ooste-
nauly River, on his own land, to fix the rate of toll on the
same, and to erect a mill-dam on said river.
A bill to apportion the representation of Glynn county,
according to the census taken in the year 1840, by the Dep¬
uty Marshal of the United States.
A bill to incorporate Beach Spring Academy in the coun¬
ty of Harris, and to appoint trustees for the same.
A bill to alter and change the name of James Riley Bry¬
ant, of Pulaski county, to that of James Riley Dykes, and
to legitimatise the same.
A bill to extend the time for taking out grants for lands in
the counties of originally Early, Irwin, Appling, Hall, Hab¬
ersham, and Rabun, and to provide for the disposition of the
same, if not granted within the time extended.
A bill to authorise the Clerk of the Inferior Court of the
county of Clark, to advertise estrays in one of the gazettes
published in Athens.
A bill to authorise the Inferior Court of Jasper county, to
levy an extra tax on the citizens of said county, to enable
said Court to pay for the erection of a court-house in said
county.
A bill to repeal a part of an act, entitled an act, to com¬
pensate the grand and petit jurors of the Superior and Infe¬
rior nf several counties therein named, and to
218
provide for the payment of the same, assented to, the 23d
December, 1837.
A bill to repeal an act, consolidating the offices of collec¬
tor and receiver of tax returns of Gwinnett county.
A bill to incorporate the village of Houston, in the county
of Heard, and to make permanent the election precinct at
said place.
A bill to compel the commissioners on the road from
Dahlonega, in Lumpkin county, by way of Ellijay, in Gilmer
county, to the Federal Road in Murray County, and to com¬
pel them to make a settlement with John J. Dickerson,
George Brooks, and Henry Wykel; and also, to define the
mode of making such settlement.
A bill to change the place of holding elections in the coun¬
ty of Talbot, from the houses of R. A Hall and Theodorick
Munford, to the house of Robert Carson, in said county,
and to establish an election precinct in the county of Hall.
A bill to incorporate an Institution for the promotion of
Christian knowledge and general education, to be called the
Georgia Episcopal Institute and Christ College, at Mont-
pelier, in the county of Monroe.
A bill to point out and regulate the manner of taking tes¬
timony by commissioners, in certain cases.
A bill for the relief and benefit of Edmund McCubbins,
praying for a lease of the State's interest in lot of land No.
55, in the fifth district of Troup county, during his natural
life.
A bill to appropriate a sum of money for the payment of
the claim of Arthur Stotesbury.
A bill to make William H. Ellison, the adopted son of
James Ellison, of Bibb county, and to make him capable of
inheriting as heir at law, to the said James Ellison.
The following bills of the Senate were taken up, severally
read the second time, and referred to a committee of the
whole.
A bill to repeal an act, entitled an act, to alter and amend
an act, more effectually to secure the solvency of all Bank¬
ing Institutions in this State, as passed on the 24th day of
December, 1832, passed 21st December, 1833.
A bill for the relief of Mrs. Sarah H. Alfriend.
A bill to provide for the election of members of the Leg¬
islature of this State, See.
The following bills of the House of Representatives,
were severally taken up, read the second time, and referred
to a committee of the whole, viz :
A bill to change the name of Lemuel Ames, to that of
Lemuel Smith.
A bill to establish an additional election precinct in the
county of Murray.
A bill to authorise and empr»wer-tho Justices offithu Tnfe-
219
rior Court of Habersham county, to levy an extra tax for
county purposes.
A bill to authorise the Justices of the Inferior Court of
Oglethorpe county, to levy an extra tax, for the purpose of
building a new jail in said county.
A bill to regulate the trial of divorce cases.
A bill to compensate the superintendents of precinct elec¬
tions, of Troup, Harris, and Richmond counties, assented
to, December 23d, 1839, so far ,as it relates to the county of
Troup.
A bill to add a part of the twenty-fifth district of Chattooga
county, to the county of Floyd, and more fully to define and
provide for the running of the dividing line between the
counties of Chattooga and Floyd.
A bill to attach the volunteer company in Macon county,
called the Flint River Blues, to the second brigade of the
eighth division, G. M.
A bill to repeal an act, passed 22nd December, 1837, en¬
titled an act, for the compensation of grand and petit jurors
of Bibb county.
A bill to amend an act, entitled an act, to give to masons
and carpenters, an incumbrance for debts due on account
of work done, and materials furnished in building or re¬
pairing houses, or such houses and the premises to which
they may be attached, and to repeal all laws on the subject,
so far as relates to the counties of Richmond and Mcintosh,
and in the cities of Savannah, Macon, and Columbus, passed
22nd December, 1834, so as to give to painters in the city of
Columbus, the like security for debts due on account of
painting done on houses in said city.
A bill to abolish the election precincts in the county of
Jasper.
A bill declaratory of the force and validity of all execu¬
tions or judgments issued or entered up in behalf of co¬
partners, or against copartners, where the partnership style
is used or set forth, and the christian or surname of the
parties omitted; and also, to declare the force of bonds made
to partnerships using the common name or style.
A bill to establish certain election precincts, and to change
others therein mentioned.
A bill to incorporate Post Oak Level Academy, and to
appoint trustees for the same ; and also, for Amsden Acad¬
emy, in Columbia county.
A bill to amend an act incorporating the city of Darien,
assented to, the 3d of December, 1821; and also, all acts
relative thereto.
A bill for the relief of securities.
A bill to amend the act to extend to all persons impris¬
oned for debt, the privilege of prison-bounds, approved the
220
22nd day of December, 1821, and the amendatory act
thereof, approved 24th day of December, 1824.
A bill to establish election districts, and to alter some al¬
ready established, in the several counties therein named, and
to regulate the same.
A bill to authorise Seaborn N. Jones, Leonard C. Tomlin-
son, John Phinizy, Junior, Albert R. Powers, and Charles M.
Steelman, to plead and practice law in the several courts of
law and equity in this State.
A bill to repeal an act, entitled an act, to establish elec¬
tion districts in the several counties therein named, so far as
relates to the county of Harris.
A bill to compensate grand and petit jurors of Dooly
county.
A bill to incorporate the Sandy Spring Academy in the
county of Murray, and to appoint trustees for the same.
A bill to repeal an act, entitled an act, to alter an act, for
the better selecting grand and petit jurors for the several
counties in this State, passed on the seventh day of Decem¬
ber, one thousand eight hundred and five, so far as respects
the counties of Floyd, Walker, Gilmer, Union, Lumpkin,
Forsyth, Cass, Cherokee, Paulding, and Cobb, assented to,
December 22nd, 1835.
A bill to add the residence of Ely Jones, now in the coun¬
ty of Clark, to the county of Walton.
A bill for the relief of Executors, Administrators, and Guar¬
dians, in certain cases, and to prescribe and define addi¬
tional duties and liabilities of the Clerks of the Court of
Ordinary in this State.
A bill to grant the rights and privileges of citizenship to
certain persons, and their descendants of the Cherokee tribe
of Indians herein named, and to remove all legal disabilities
heretofore imposed on said tribe of Indians, so far as respects
said persons.
A bill to repeal an act, to alter and fix the time of hold¬
ing the Inferior Courts in the county of Twiggs.
A bill to appoint additional trustees for Habersham Coun¬
ty Academy.
A bill to amend an act to incorporate Mossy Creek Metho¬
dist Camp Meeting Ground in the county of Habersham,
passed 24th December, 1832, and to appoint trustees for
said Camp Meeting Ground.
A bill to amend an act, entitled an act, to incorporate the
Habersham Iron Works and Manufacturing Company,
passed 25th December, 1837.
On motion,
The Senate then adjourned until 9 o'clock, to-morrow
morning.
221
FRIDAY MORNING, December 11, 1840.
The Senate met pursuant to adjournment.
Mr. Bryan, of Stewart, moved to reconsider so much of
the Journal of yesterday, as relates to the passage of the
bill to make Clerks of the Courts of Ordinary elective by
the people.
On which motion, the yeas aud nays were required to be
recorded, and are yeas 38, nays 43.
Those who voted in the affirmative, are Messrs.
Adams,
Beall,
Blackshear,
Bostwick,
Bryan of Stewart,
Bulloch,
Camp,
Carter,
Christian,
Creach,
Culbertson,
Dawson,
Diamond,
Dunagan,
Echols of Coweta,
Echols of Walton,
Floyd,
F ryer,
Gonder,
Goode,
Gordon,
Guess,
Hammond,
Harris of Burke,
Janes,
Knight,
Morris,
Neal,
Reeves,
Smith of Bryan,
Spencer,
Strickland of Wares
Swain,
Tomlinson,
Waldhour,
W arthen,
Wiggins,
Wright.
Those who voted in the negative, are Messrs.
Beasley,
Harris of Taliaferro,Miller,
Bishop,
Harris of Warren, Minter,
Boggess,
Heflin,
Moore,
Bryan of Macon,
Henley,
Rainey,
Camron,
Holmes of Baker,
Reid,
Chastain,
Holmes of Houston,Robertson,
Cone,
Jemeson,
Speight,
Cox,
Kimzey,
Strickland of Tattn'l
Crosby,
Lindsay,
Vincent,
Glover,
Loveless,
Walker,
Godard,
Mays,
Watters,
Graham,
McAfee,
Williams,
Graves,
McConnell,
Williamson,
Griggs,
McDonald,
Young.
Hamilton,
So the Senate refused to reconsider.
The following bills of Senate, were taken up, read the
second time, and referred to a committee of the whole.
A bill to require the Sheriff and Coroner of the county of
Muscogee, to hold their sales at the market-house, and to
prescribe the amount in which they shall give bond for the
performance of their duty.
222
A bill to alter and fix the times of holding the Superior
Courts of the counties of Marion, Harris, and Stewart, and
to regulate the mode of drawing and summoning grand and
petit jurors in, and for the counties of Stewart and Talbot,
in said counties.
A bill to amend an act, to alter and fix the time of hold¬
ing the Superior Courts in the Eastern districts.
A bill to alter the third and seventh sections of the first
article of the Constitution of this State ; of which,
On motion, one hundred .copies were ordered to be printed
—and it was made the special order of the day for Monday
next.
The Senate took up the report of the committee of the
whole, on the bill more fully to define the manner and mode
of bringing suits and actions at law against the maker or
makers, endorser or endorsers, of notes discounted at any of
the Banking Institutions of the State of Georgia.
Mr. Miller offered a substitute to the whole bill.
Mr. Gordon moved to strike the word " shall" out of the
first section of the substitute.
On which motion, the yeas and nays were required to be
recorded, and are yeas 18, nays 58.
Those who voted in the affirmative, are Messrs.
Adams, Floyd, McDonald,
Bishop, Goode, Neal,
Boggess, Gordon, Smith of Twiggs,
Camron, Harris of Burke, Spencer,
Cone, Henley, Swain,
Diamond, Holmes of Baker, Young.
Those who voted in the negative, are Messrs.
Beall, Fryer, McConnell,
Beasley, Glover, Miller,
Blackshea.r, Godard, Minter,
Bostwick, Graham, Moore,
Bryan of Macon, Graves, Rainey,
Bryan of Stewart, Griggs, Reeves,
Camp, Hamilton, Reid,
Carter, Hammond, Robertson,
Chastain, Harris of Taliaferro, Smith of Bryan,
Christian, Harris of Warren, Speight,
Cox, Heflin, Strickland of Tatt-
Creach, J emeson, pall,
Crosby, Janes, Strickland of Ware,
Culbertson, Kimzey, Thomas,
Dawson, Lindsay, Tomlinson,
Dunagan, Loveless, Vincent,
Echols of Coweta, Mays, Waldhour,
Echols of Walton, McAfee. Walkp.r.
223
Warthen, Williams, Wright.
Watters, Williamson,
So the Senate refused to strtke out.
On the question, Shall this bill now pass ? the yeas and
and nays were required to be recorded, and are veas 39,
nays 40.
Those who voted in the affirmative, are Messrs.
Adams, Godard, Mays,
Beasley, Goode, McAfee,
Boggess, Griggs, Miller,
Bostwick, Harris of Burke, Minter,
Bulloch, Harris of Taliaferro,Moore,
Calhoun, Harris of Warren, Rainey,
Carter, Heffin, Reid,
Christian, Henley, Strickland of Ware,
Conner, Jones, Tomlinson,
Dawson, Kimzey, Watters,
Echols of Coweta, Knight, Williams,
Echols of Walton, Lindsay, Wright,
Floyd, Loveless, Young.
Those who voted in the negative are Messrs.
Beall, Glover, Reeves,
Bishop, . Gonder, Robertson,
Blackshear, Gordon, Smith of Bryan,
Bryan of Macon, Graham, Smith of Twiggs,
Bryan of Stewart, Graves, Speight,
Camp, Guess, Spencer,
Camron, Hamilton, Strickland of Tatt-
Chastain, Hammond, nail,
Cone, Holmes of Baker, Swain,
Cox, Holmes of Houston,Vincent,
Creach, Jemeson, Waldhour,
Crosby, Janes, Warthen,
Dunagan, McDonald, Williamson.
Fryer, Neal,
So the bill was lost.
The Senate took up the report of the committee of the whole
on the bill to repeal an act, entitled an act, to restrain, prevent,
and make penal, the paying away or tendering in payment,
issuing, erpitting, passing or circulating any bank bills, note,
ticket, check, draft, receipt, instrument under seal, or chose
in action, intended, designed, or fitted for circulation, instead
or in character of either, or any promise to pay in writing,
to be used, or intended to be used, as paper money,
by any bank, or other corporation in this State, or by the
224
agent or agents, officer or officers of any bank, or other
corporation in this State, or elsewhere, which are, may, or
shall be redeemed or payable at a longer period of time
than three days after the date thereof, or the issuing, emitting,
passing, or paying away, the same, or which shall or may
be payable in any other manner, or with any other thing
than with gold or silver coin, at the standard value thereof
according to the laws of the land, and for other purposes.
Mr. Jones offered , the following proviso; which was
agreed to.
Provided, That no bank shall be authorised to issue post-
notes that does not pay specie ; also,
Provided further, That the time of payment shall be made
conspicuous, in the commencement of such post-notes;
which was also agreed to.
Mr. Bostwick offered the following:
And he it further enacted, That no bank in this State shall
have the privilege of issuing post-notes due at a more dis¬
tant day, than ninety days after the date of such post-note,
or notes : and if such post-notes are not redeemed in specie
on presentation, the bank issuing such notes, shall pay eight
per cent, interest per annum.
Mr. Gonder moved to strike out " ninety days."
On which motion, the yeas and nays were required to be
recorded, and are yeas 43, nays 38.
Those who voted in the affirmative, are Messrs.
Beall, Glover, Mays,
Beasley, Godard, Minter,
Blackshear, Gonder, Rainey,
Bryan of Macon, Graham, Robertson,
Bryan of Stewart, Graves, Smith of Bryan,
Camp, Guess, Speight,
Camron, Hamilton, Strickland of Tatt-
Christian, Harris of Warren, nail,
Conner, Heffin, Swain,
Crosby, Holmes of Houston, Waldhour,
Culbertson, Hopkins, Walker,
Diamond, Jemeson, Williamson,
Dunagan, Kimzey, Wiggins,
Echols of Coweta, Knight, Young.
Echols of Walton, Lindsay,
Those who voted in the negative, are Messrs.
Adams, Chastain, Goode,
Bishop, Cone, Gordon,
Bostwick, Cox, Griggs,
Bulloch, Creach, Hammond?
Calhoun, Dawson, Harris of Burke,
Carter, Floyd, Harris of Taliaferro?
225
Henley,
Holmes of Baker,
Janes,
Jones, ,
Loveless,
McAfee,
McConnell,
McDonald,
Miller,
Moore,
Neal,
Reid,
Smead,
Spencer,
Strickland of Ware,
Tomlinson,
Vincent,
Warthen,
Watters,
Williams.
So the motion prevailed.
The blank was filled with sixty days, and the amendment
agreed to as amended.
Mr. Camp moved to lay the report, with the amendments,
on the table for the balance of the session.
On which motion, the yeas and nays were required to be
recorded, and are yeas 37, nays 42.
Those who voted in the affirmative, are Messrs.
Adams,
Echols of Coweta, Loveless,
Beall,
Echols of Walton,
Mays,
Beasley,
Glover,
McAfee,
Blackshear,
Godard,
Rainey,
Boggess,
Gonder,
Robertson,
Camp,
Graham,
Smith of Bryan,
Camron,
Graves,
Smith of Twiggs,
Strickland of Tatt¬
Chastain,
Guess,
Cone,
Hamilton,
nall,
Conner,
Heflin,
Swain,
Crosby,
Holmes of Houston,Walker,
Culbertson,
Jemeson,
Young.
Dunagan,
Lindsay,
Those who voted in the negative, are Messrs.
Bishop, Griggs, Moore,
Bostwick, Hammond, Neal,
Bryan of Macon, Harris of Taliaferro,Reid,
Bryan of Stewart, Harris of Warren, Smead,
Bulloch, Henley,
Calhoun, Holmes of Baker,
Carter, Janes,
Christian, Jones,
Cox, Kimzey,
Creach, Knight,
Dawson, McConnell,
Floyd, McDonald,
Goode, Miller,
Gordon, Minter,
Spencer,
Strickland of Ware,
Tomlinson,
Vincent,
Waldhour,
Warthen,
Watters,
Williams,
Wiggins.
Mr. Harris, of Warren, offered the following, in lieu of
the other amendments.
15
226
Provided, That no bank shall refuse or fail to pay specie
for any of its post-notes when due, and demanded by an
individual, or individuals, and held as his or their own prop¬
erty, in addition to the lawful interest shall receive two per
centum damage for such refusal to redeem in specie; which
was agreed to; And,
On motion of Mr. Echols, of Walton,
The report, with amendments, were re-committed to a
select committee, consisting of Messrs. Calhoun, Gordon,
Miller, and Bostwick.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their clerk:
Mr. President:-—The House of Representatives have
passed the following bills :
A bill to incorporate the Habersham and Union Turnpike
Company, and to grant certain privileges to the same.
A bill to change the name of Madison Greenlea Todd, to
that of Madison Greenlea Bryan, of Dooly county.
A bill to authorise the Mayor and council of the city of
Columbus, to define the limits of Bay-Street, in said city,
and to lay off a portion of said street, and of the North Com¬
mon of said city, into water lots, and to dispose of the
same.
A bill to define the dignity of open accounts, in the dis¬
tribution of decedents estates.
A bill to incorporate the town of Jacksonborough, in the
county of Scriven, and to define the duties and authority of
the commissioners of the same.
A bill to incorporate the Methodist Episcopal Church at
Newhope, in Lincoln county, and to appoint trustees for the
same.
A bill to authorise the Justices of the Inferior Court of
Cobb county, or a majority of them, to levy an extra tax, for
the purpose of paying the former Sheriff and Jailor of said
county, for the apprehension, confining in jail, and bringing
to trial, sundry Irishmen, indicted for murder in said coun¬
ty, and for other purposes.
A bill to prevent the employment of slaves, or free per¬
sons of color, as Captains or patroons of boats and boxes
upon the Ocmulgee and Altamahaw Rivers, except in cer¬
tain cases therein specified.
A bill to appropriate money for the political year eighteen
hundred and forty-one.
The Senate took up the report of the committee of the
whole, on the bill to repeal an act, to prevent the circula¬
tion of bank bills under the denomination of five dollars,
within this State, passed BccembcrdiSnd,—1682 j also, to
"227
repeal the act to amend said act, approved December
22nd, 1835; 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 36, nays 44.
Those who voted in the affirmative, are Messrs.
Bishop, Fryer, McDonald,
Blackshear, Glover, Miller,
Boggess, Godard, Minter,
Bryan of Macon, Gonder, Neal,
Bryan of Stewart, Goode, Reid,
Bulloch, Gordon, Smead,
Calhoun, Harris of Burke, Spencer,
Carter,
Christian,
Cox,
C reach,
Dawson,
Those who voted in the negative, are Messrs.
Harris of Taliaferro,Strickland of Ware,
Henley, Vincent,
Holmes of Baker, Warthen,
Janes, Williams,
Williamson.
Beall,
Beasley,
Camp,
Camron,
Chastain,
Cone,
Conner,
Crosby,
Culbertson,
Diamond,
Dunagan
Griggs, Rainey,
Guess, Smith of Bryan,
Hamilton, Smith of Twiggs,
Hammond, • Speight,
Harris of Warren, Strickland of Tatt-
Heffin, nail,
Holmes of Houston,Swain,
Jemeson,
Jones,
Kimzey,
Lindsay,
Echols of Coweta, Loveless,
Echols of Walton, Mays,
Graham, McConnell,
Graves, Moore,
Thomas,
Tomlinson,
Waldhour,
Walker,
Watters,
W iggins,
Wright,
Young.
The Senate took up the report of the committee of the
whole, on the bill to form a new county of parts of the
counties of Paulding, Cobb, Campbell, and Carroll; and,
On motion of Mr. Dunagan,
The report was laid on the table for the balance of the
session.
The Senate took up the report of the committee of the
whole, on the bill to alter a part of the first section of the
third article of the Constitution of the State of Georgia;
the report was amended; and,
On motion of Mr. Miller,
The report was re-committed to a select committee, con¬
sisting of Messrs. Echols, of Coweta, Miller, and Calhoun,
228
The Senate took up the report of the committee of the
whole, on the bill to exempt from patrol duty, the students
of the several Seminaries of Learning in this State.
Mr. Dunagan moved to lay the report on the table for the
balance of the session.
On which motion, the yeas and nays were required to be
recorded, and are yeas 55, nays 21.
Those who voted in the affirmative, are Messrs.
Beall,
Bishop,
Boggess,
Bostwick,
Camp,
Camron,
Chastain,
Christian,
Cone,
Conner,
Crosby,
Culbertson,
Diamond,
Dunagan,
Echols of Coweta,
Echols of Walton,
Godard,
Goode,
Graham,
Graves,
Griggs,
Guess,
Hamilton,
Hammond,
McDonald,
Minter,
Neal,
Rainey,
Reid,
Harris of Taliaferro,Robertson,
Harris of Warren, Smead,
Heflin, Smith of Bryan,
Holmes of Baker, Smith of Twiggs,
Holmes of Houston, Speight,
Hopkins,
Jemeson,
Kimzey,
Lindsay,
Loveless,
Mays,
McAfee,
McConnell,
Strickland of Ware,
Swain,
Walker,
Wartlien,
W atters,
Williamson,
Wiggins,
Young.
Those who voted in the negative, are Messrs.
Beasley,
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Calhoun,
Creach,
Dawson,
Floyd,
Gonder,
Gordon,
Harris of Burke,
Janes,
Jones,
Knight,
Miller,
Moore,
Spencer,
Strickland, of Tatt¬
nall,
Tomlinson,
Vincent,
Wright.
On motion,
The Senate adjourned to 3 o'clock, this afternoon.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Gordon laid on the table the following resolution;
which was taken up, read, and agi
229
Resolved, That the Committee on Finance, be required
to report on Monday, what are the wants of Government
for the next political year, in detail, and what are the proper
means of revenue to be adopted by this General Assembly,
to meet those wants.
The Senate took up the report of the committee of the
whole, on the bill to authorise the Judges of the Superior
Courts, or a majority of the Justices of the Inferior Courts,
of their respective counties, to assess a per cent, upon all
sums of money raised by the sale of property tinder execu¬
tion, or executions by a sheriff, his deputy, or coroner, in
certain cases ; 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 13, nays 51.
Those who voted in the affirmative, are Messrs.
Beall, Harris of Warren, Rainey,
Bishop, Janes, Spencer,
Blackshear, Jones, Tomlinson,
Christian, McAfee, Wright,
Harris of Taliaferro,
Those who voted in the negative, are
Bostwick,
Bulloch,
Calhoun,
Camp,
Camron,
Chastain,
Cone,
Cox,
Creach,
Crosby,
Culbertson,
Diamond,
Echols of Coweta,
Echols of Walton,
Floyd,
Godard,
Goode,
Gordon,
Graham,
Graves,
Griggs,
Guess,
Hamilton,
Harris of Burke,
Heflin,
Holmes of Baker,
Jemeson,
Kimzey,
Knight,
Lindsay,
Loveless,
Mays,
McConnell,
Miller,
Minter,
Messrs.
Moore,
Neal,
Reid,
Robertson,
Smead,
Speight,
Strickland of Tatt¬
nall,
Strickland of Ware,
Swain,
Vincent,
Walker,
Warthen,
Watters,
Williamson,
Wiggins,
Young.
So the bill was lost.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk :
Mr. President:—The House of Representatives have con¬
curred with the Senate, in their amendment to the resolution
of the House of Representatives, bringing on the elecction
of a Judse and Solicitor of the Southwestern Circuit; and
220'
also, of a Brigadier General for the first brigade, seventh,
division, G. M., on to-morrow, 11 o'clock, A. M.
The Senate took up the report of the committee of the
whole, on the bill to organize the several Judicial Circuits
in this State, and to prescribe the times of holding the courts
therein, and to define more particularly the official duties of
the several Judges of the Superior Courts in this State, for
the purpose of making uniform the rules of practice, as well
as the administration of the laws in the several circuits
thereof, anci for other purposes ; the report was agreed to—
the bill was read the third time ; and,
On motion of Mr. Harris, of Burke,
To lay the bill on the table for the balance of the session,
the yeas and nays were required to be recorded, and are
yeas 57, nays 19.
Those who voted in the affirmative, are Messrs.
Bea.ll, Goode, McDonald,
Beasley, Gordon, Miller,
Blackshear, Graham, Minter,
Bostwick, Griggs, Neal,
Bryan of Macon, Guess, Reeves,
Bryan of Stewart, Hamilton, Robertson,
Calhoun, Hammond, Smith of Twiggs,
Camp, Harris of JBurke, Speight,
Camron, Harris of Taliaferro,Spencer,
Chastain, Harris of Warren, Stapleton,
Cone, Heflin, Strickland of Tatt-
Conner, Henley, nail,
Cox, Jemeson, Strickland of Ware,
Crosby, Janes, Swain,
Dunagan, Kimzey, Tomlinson,
Echols of Coweta, Knight, Waldhour,
Floyd, Lindsay, Wiggins,
Fryer, Loveless, Wright,
Glover, Mays, Young.
Godard,
Those who voted in the negative, are Messrs.
Bishop, Graves, Reid,
Boggess, Holmes of Baker, Smead,
Bulloch, Holmes of Houston,Vincent,
Christian, McAfee, Walker,
C reach, Moore, Watters,
Diamond, Rainey, Williamson.
Echols of Walton,
So the motion prevailed.
The Senate took up the report of the committee of the
whole, on the bill the mop* fully-and--efIbvtually-to provide
231
for the recording of deeds of conveyance of lands, tenements,
and hereditaments, hills of sale of negroes, and other per¬
sonal property, and for other purposes.
On motion of Mr. Harris, of Warren,
The bill was referred to a special committee, consisting
of Messrs. Harris, of Warren, Miller, and Gordon.
The Senate went into committee of the whole, on the bill
to change the place of holding the Superior and Inferior
Courts in Wayne county.
On motion of Mr. Wiggins,
The bill was laid on the table for the balance of the ses¬
sion.
The Senate went into committee of the whole, oh the bill
to repeal all laws establishing election precincts in the coun¬
ty of Crawford.
On motion of Mr. Graves,
To lay the bill on the table for the balance of the session,
the yeas and nays were required to be recorded, and are
yeas 54, nays 24.
Those who voted in the affirmative, are Messrs.
Beall,
Guess,
Rainey,
Bishop,
Hamilton,
Reeves,
Boggess,
Hammond,
Reid,
Bostwick,
Harris of Taliaferro,Robertson,
Camp,
Harris of Warren, Smith of Twiggs,
Camron,
Heffin,
Speight,
Chastain,
Henley,
Spencer,
Stapleton,
Christian,
Holmes of Baker,
Cone,
Holmes of Houston,Strickland of Tatt-
Conner,
Jemeson,
nail,
Crosby,
Kimzey,
Strickland of Ware,
Diamond,
Knight,
Swain,
Dunagan,
Lindsay,
Vincent,
Echols of Coweta,
Loveless,
Waldhour,
Echols of Walton, Mays,
Walker,
Fryer,
McAfee,
Watters,
Gordon,
McConnell,
Wiggins,
Graham,
McDonald,
Young.
Graves,
Those who voted in the negative are
Messrs.
Beasley,
Glover,
Minter,
Blackshear,
Godard,
Moore,
Bryan of Macon,
Goode,
JNeal,
Bryan of Stewart,
Griggs,
Smead,
Bulloch,
Harris of Burke,
Thomas,
Carter,
Janes,
Tomlinson,
C reach,
Jones,
Warthen,
Floyd,
Miller,
Williamson.
So the motion prevailed.
232
The Senate took up the report of the committee of the
whole, on the bill to remove the election precinct from the
house of John Lovejoy, to the house of Alonzo P. Morris,
in the twelfth district of Henry county, and establish a
precinct at Pittsburg, in the sixth district of said county, and
for other purposes; the bill was reported with an amend¬
ment ; the report was agreed to—the bill was read the third
time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to extend the corporate limits of the town
of Talbotton ; the report was agreed to—the bill was read
the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to incorporate the First Presbyterian
Church of Savannah; the report was agreed to—the bill
was read the third time, and passed under the title thereof.
The Senate took up the report of the committee of the
whole, on the bill to authorise Shnbael Tenney, to open and
keep open the North Oconee River, from Athens to Chand-
dler's Bridge, and to vest in him, bis heirs, and assigns, the
said right for the term of ten years, and to fix the maximum
rates of transporting lumber, wood, and produce, thereon;
the report was agreed to—the bill was read the third time,
and passed under the title thereof.
The Senate took up the report of the committee of the
whole, on the bill amendatory of an act, entitled an act, to
appoint commissioners for the Washington County Acad¬
emy, and to make the same a body corporate, assented to,
30th November, 1819;,the report was agreed to—the bill
was read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to change the county line from certain
points between the counties of Marion and Muscogee, so as
to make the line straight; the report was agreed to—the
bill was read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to consolidate the offices of tax collector
and receiver of tax returns of the county of Effingham ; the
report was agreed to as amended—the bill was read the third
time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to amend an act, entitled an act, to incor¬
porate the Augusta and Waynesborough Rail Road Compa¬
ny, asssented to, 31st December, 1839; the report was
agreed to as amended—the bill was read the third time,
and passed.
The Senate took up the report of the committee of the
whole, on the bill requiring the sheriffs and clerks of the
several counties of the Cherokee circuit, to insert their ad¬
vertisements in some public gazette within the said circuit i
233
the report was agreed to—the bill was read the third time,
and passed.
The Senate took up the report of the committee of the
whole, on the bill to give to carpenters and masons an in¬
cumbrance for debts due them on account of work done, and
materials furnished in building, or finishing, or repairing
houses, or such houses, and the premises to which they may
be attached, in the town,or village of Sandersville, in the
county of Washington; the report was agreed to; and,
On motion of Mr. Warthen,
The bill was ordered to lay on the table for the balance
of the session.
The Senate took up the report of the committee of the
whole, on the bill for the relief of William Conyers and
James H. Martin, securities of Harbert Rainey; the report
was agreed to—the bill read the third time, and passed.
Leave of absence was granted to the Senators from Frank-
lin and Crawford, for a few days, on important business.
On motion,
The Senate adjourned until 9 o'clock, to-morrow morning.
SATURDAY MORNING, December 12,1840.
The Senate met pursuant to adjournment.
Mr. Miller moved to reconsider so much of the Journal of
yesterday, as relates to the rejection of the bill more fully to
define the manner and mode of bringing suits and actions
at law against the maker or makers, indorser or indorsers, of
notes discounted at any of the banking institutions of the
State of Georgia.
The Senate refused to reconsider.
Mr. Dawson moved to reconsider so much of the Journal
of yesterday, as relates to the rejection of the bill to repeal
an act to prevent the circulation of bank bills under the
denomination of five dollars within this State, passed 22d
December, 1832; also, to repeal the act to amend sgid act,
approved December 22d, 1835.
The Senate refused to reconsider.
On motion of Mr. Mays,
The Senate reconsidered so much of the Journal of yes¬
terday as relates to the passage of the bill to authorise Shu-
bael Tenney to open and keep open the North Oconee river
from Athens to Chandler's bridge, and to vest in him, his
heirs and assigns, the said riaht for the term of ten years;
234
and to fix the maximum rates of transporting lumber, wood,
and produce thereon.
Mr. Echols, of Coweta from the Select Committee, to
whom was referred the bill to alter and change a part ot^ the
first section of the third article of the Constitution of the
State of Georgia, reported the following as a substitute to the
bill, to wit:
A bill to alter and change a part of the first section of the
third article of the Constitution of the State of Georgia.
The report was taken up as the report of the Committee
of the Whole, read the third time, and on the passage of the
bill, the yeas and nays were required to be recorded, and
are yeas 45, nays 30.
Those who voted in the affirmative are Messrs.
Beall, Floyd, Lindsay,
Beasley, Gonder, McAfee,
Bishop, Goode, McConnell,
Boggess, Gordon, McDonald,
Calhoun, Graves, Miller,
Carter, Griggs, Minter,
Chastain, Guess, Moore,
Christian, Harris of Burke, Neal,
Cox, Harris of Taliaferro,Reeves,
Crosby, Harris of Warren, Reid,
Culbertson, Henley, Smead,
Dawson, Holmes of Baker, Tomlinson,
Diamond, Holmes of Houston, Vincent,
Dunagan, Jones, Williams,
Echols of Coweta, Kimzey, Williamson.
Those who voted in the negative, are Messrs.
Blackshear, Heflin, Stapleton,
Camp, Jemeson, Strickland of Tatt-
Camron, Knight, nail,
Cone, Loveless, Strickland of Ware,
Conner, Mays, Swain,
Fryer, Rainey, Waklhour,
Glover, Robertson, Warthen,
Godard, Smith of Twiggs, Wiggins,
Graham, Speight, Wright,
Hamilton, Spencer, Young.
Hammond,
There not being a constitutional majority, the substitute
was lost.
The Senate took up the report of the Committee of the
Whole, on the bill to incorporate the Cross Plains and Red
Clay Branch Rail Road Company of Georgia.. The bill was
reported with amendments; the report was agreed to as
amended; the bill was read the third time.
235
And on the question, shall this bill now pass ? the yeas
and nays were required to be recorded, and are yeas 42,,
nays 31.
Those who voted in the affirmative, are Messrs.
Beall, Gordon, Miller,
Beasley, Graham, Minter,
Bishop, Graves, Moore,
Boggess, Griggs, Rainey,
Bostwick, Guess, Reid,
Bulloch, Hammond, Smead,
Calhoun, Harris of Burke, Smith of Twiggs,
Carter, Harris of Taliaferro,Spencer,
Conner, . Henley, Strickland of Ware,
Cox, Holmes of Baker, Thomas,
Culbertson, , Jones, Tomlinson,
Dawson, Knight, Vincent,
Diamond, Lindsay, Warthen,
Floyd, Loveless, Watters,
Fryer, McAfee, Williams,
Godard, McDonald, Wiggins,
Gonder, . Wright.
Those who voted in the negative, are Messrs.
Blackshear, Echols of Walton, Neal,
Bryan of Macon, Glover, Reeves,
Camp, Goode, Robertson,
Camron, Hamilton, Speight,
Chastain, Harris of Warren, Stapleton,
Christian, Heflin, Strickland of Tatt-
Cone, Jemeson, nail,
Creach, Janes, Swain,
Crosby, Kimzey, Williamson,
Dunagan, Mays, Young.
Echols of Coweta, McConnell,
So the bill passed. .
The Senate took up the report of the Committee of the
Whole, on the bill to incorporate the Shearer Springs, and to
constitute the President and board of trustees of the Mercer
University, Commissioners of the town of Penfield, in Greene
county; the bill was reported with an amendment; the re¬
port was agreed to as amended.
The bill was read the third time and passed.
Mr. Miller laid the following resolution on the table, which
was taken up, read and agreed to.
Resolved, That both branches of the General Assembly
will convene in the Representative Hall, at twelve o'clock
on Tuesdav next, 15th December, for the purpose
236
of electing three commissioners of the Western and Atlantic
Rail Road.
Mr. Dunagan, Chairman of the Joint Standing Committee
on the Penitentiary, to whom was referred the petition of
sundry citizens of Emanuel county, praying the pardon of
Mathew W. Gay, now confined in the Penitentiary under a
sentence of the Superior Court of Emanuel county, for vol¬
untary manslaughter, have had the same under considera¬
tion, and beg leave to report:
That they be discharged from the consideration of said
petition, upon the ground that the law has vested in the Ex¬
ecutive the power to pardon in such cases.
Which was taken up, read and agreed to.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk :
Mr. President:—The House of Representatives have
agreed to the following resolutions:
A resolution requesting our Senators and Representatives
in Congress to cause a mail route to be established from La¬
fayette, Walker county, to the county site in Hade county.
A resolution authorising the Governor to transmit with
the laws and journals of the present session, two copies of
the new Georgia Justice, and two copies of Prince's Digest,
for the use of the 978th district of Stewart county.
A resolution authorising the Governor to transmit with the
laws and journals of the present session, a sufficient number
of the new Georgia Justice and Prince's Digest, for the use
of two newly created districts in Baker county.
They have also concurred in the resolution of the Senate,
requesting our Senators and Representatives in Congress to
procure the establishment of a mail route from Brunswick,
Georgia, to Tallahassee or Chattahoochee, Florida.
They have also agreed to the report of the select commit¬
tee, upon the claim of William C. Osborne.
To all of which the concurrence of the Senate is desired.
Mr. Dunagan, Chairman of the Joint Standing Committee
on the Penitentiary, also made the following report:
The Joint Standing Committee on the Penitentiary, ask
leave respectfully to report:
That they have endeavored to discharge the various duties
assigned to them.
Your committee have taken into consideration the sugges¬
tions of the principal Keeper in his report to his Excellency,
for the police and better regulation of the institution, and
have accorded with him in most of his suggestions, and have
endeavored to report a bill accordingly; together with other
alterations in the management of the institution as your com-
paittee deemed expedient.
237
Your committee have examined the several wards under
the superintendence of the several assistant keepers, and we
take pleasure in stating that they found them all kept in or¬
derly manner; and the various occupations assigned to each
seems to be prosecuted with that activity and vigilance that
seems to promise well for the institution.
Your committee has likewise examined the state and con¬
dition of the various buildings belonging to the institution,
and find them kept in that order that does credit to the offi¬
cers of the institution.
Your committee would recommend an extension of the
hospital for the benefit and comfort of the sick j and also, an
enlargement of the building to increase the number of the
cells that may be necessarily required.
Your committee have examined the books of the Peniten¬
tiary, and find that all the debts, credits, and vouchers, are
correct according to the manner in which they exhibit the
same.
Your committee are of opinion that considerable improve¬
ment may and ought to be made in the manner of keeping
the books. We were astonised to find that we had not the
proper abstracts and vouchers to refer to in the receipts and
disbursements of the institution, the proper checks and ba¬
lances are wanting among the various receiving and dis¬
bursing officers of the institution. Your committee recom¬
mend that the law be passed requiring that the books of the
institution be no longer kept in this indifferent manner.
Your committee, by these suggestions, would not design
to cast any imputation on any of the officers of the institution.
Which was read and agreed to.
Mr. Harris, of Warren, laid the following report on the
table; which was agreed to.
The Select Committee to whom was referred the bill, the
more fully and effectually to provide for the recording of
deeds of conveyance of lands, tenements and hereditaments,1
bills of sale of negroes and other personal property, and for
other purposes, make the following report:
They have had the same under consideration and believe,
the laws now in force to be full and sufficient on the subject,
and therefore believe any further legislation unnecessary.
Mr. Jones called up the following resolution requiring the
commissioners to suspend all further work on the Western
and Atlantic Rail Road west or north of Burrough's, in Cass
county, and to inform the contractors that they are allowed
to rescind their contracts ; and to have the bridges put in a
condition to pass road wagons and other passengers, so soon
as it can be done.
Mr. Jones offered the following as a substitute:
Resolved by the Senate and House of Representatives of the State
of Georgia, in General Assembly met. That the Commission-
2-38
ers of the Western and Atlantic Rail Road be, and they are
hereby directed to take measures to complete the" road from
White Hall to Burrough's, in Cass county, as speedily as
possible.
Resolved, That the commissioners be instructed to inform
the contractors on the road north of Burrough's, that they
may relinquish their contracts and be paid for all the work
they have done.
Which was read and agreed to, and made the order for
Monday next.
Mr. Wright laid the following resolution on the table :
Resolved, That the Committee on Finance be instructed
to enquire into and report whether the appropriation of eight
hundred dollars to the Surveyor-General, by the Legislature
of 1837, has been paid; and whether the work for which
said sum was appropriated, has been performed.
Mr. Echols, of Walton, laid the following resolution on
the table ; which was taken up, read and agreed to :
Resolved, That his Excellency the Governor, lay before
the Senate, by ten o'clock on Monday next, copies of any
authenticated certificate of file in his office, in favor of the
claim of Captain David McCullough; and any receipts or
evidences of the payment of the same, to whom and when
paid.
The following message was received from the House of
Representatives, by Mr. Cabaniss, 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 election of a Judge and
Solicitor-General for the Southwestern Judicial circuit; and
a Brigadier-General for the first brigade of the seventh di¬
vision, G. M.
Mr. Harris, of Warren, laid the following resolution on
■the table:
Whereas, John R. Cotting, has in contemplation and has
partly prepared, to publish a complete report of the agricul¬
tural and geoligical survey of all the counties in this State:
And whereas, nearly half the State has been surveyed, and
an immense amount of matter collected and contained in the
journals of said John R. Cotting, together with a variety of
drawings: And whereas, the most interesting portion of
Georgia remains yet to be examined, and the results of his
future investigation necessary to prevent the total loss of all
his past labors and expenditures. Therefore
Be it resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met,, That his Excellency
the Governor, be and he is hereby authorised to allow John
R. Cotting, the full and entire use of the Geological Depart¬
ment of this State, together with all the instruments, appa-
239
tatus, and privileges appertaining to the same, so far as may
be necessary for the completing the Geological Survey of
this State at his expense.
The Senate then repaired to the House of Representatives,
and both branches of the General Assembly proceeded to
the election of a Judge of the Superior Courts of the South¬
western circuit; when, 011 receiving and counting the ballots
it appeared that William Taylor, Esquire, was duly elected.
Also—To the election of a Solicitor-General for the South¬
western circuit; and on receiving and counting out the bal¬
lots, it appeared that Adam A. Robinson, was duly elected.
Also—To the election of a Brioadier-General for the first
o
brigade of the seventh division, G. M.; and on receiving and
counting out the ballots, it appeared that James R. Wiley
was duly elected.
The Senate then returned to their chamber, and
On motion,
The Senate adjourned to 3 o'clock, P. M.
The Senate met pursuant to adjournment.
The following bills of the House of Representatives were
severally taken up and read the first time.
A bill to appropriate money for the political year 1841.
A bill to authorise the mayor and council of the city of
Columbus to define the limits of Bay street, in said city; and
to lay off a portion of said street, and of the north common
of said city, into water lots, and to dispose of the same.
A bill to prevent the employment of slaves or free persons
of color, as captains or patroons of boats and boxes upon the
Ocmulgee and Altamaha rivers ; except in certain cases
herein specified.
A bill to define the dignity of open accounts in the distri¬
bution of decedent's estates.
A bill to incorporate the Habersham and Union Turnpike
Company, and to grant certain privileges to the same.
A bill to alter and change the name of Madison Greenlea
Todd, to that of Madison Greenlea Bryan, of Dooly county.
A bill to incorporate the town of Jacksonborough, in the
county of Scriven, and to define the duties and authority of
the commissioners of the same.
A bill to incorporate the Methodist Episcopal Church at
New Hope, in Lincoln county, and to appoint trustees for
the same.
Three o'clock, P. M.
A bill to authorise the
240
county, or a majority of them, to levy an extra tax for the
purpose of paying the former sheriff and jailer ot said coun¬
ty, for the apprehension, confining in jail, and bringing to
trial, sundry Irishmen, indicted for murder in said county,
and for other purposes.
The following bills from the House of Representatives
were severally taken up, read the second time and referred
to a committee of the whole.
A bill to appropriate money for the payment of the claim
of Arthur Stotesbury.
A bill to amend the charter of the city of Macon, so far
as respects the time of holding charter elections of said city.
A bill to extend the corporate limits of the town of Bain-
bridge.
A bill to repeal the provision of the second section of an
act entitled an act to consolidate the offices of tax collector
and tax receiver, in the several counties therein named, as¬
sented to December 25, 1837, so far as the same relates to
the county of Lumpkin.
A bill to apportion the representation of Glynn county, ac¬
cording to the census taken in the year 1840, by the Deputy
Marshal of the United States.
A bill to repeal so much of an act entitled an act to au¬
thorise the Justices of the Inferior Courts of the several
counties in this State, to create and lay out any new districts,
or change and alter the lines of those already laid out, as¬
sented to 23d December, 1839, so far as relates to the coun¬
ty of Cherokee.
A bill to change the name of John Thomas Richardson,
of Stewart county, to that of John Thomas Smith.
A bill to repeal a part of an act entitled an act to compen¬
sate the grand and petit jurors of the Superior and Inferior
courts of the several counties therein named, and to provide
for the payment of the same, assented to the 23d Decem¬
ber, 1839.
A bill to authorise the Inferior Court of Jasper county to
levy and collect an extra tax on the citizens of said county,
to enable said court to pay for the erection of a Court House
in said county.
A bill amendatory to an act, approved the 8th December,
1810.
A bill to be entitled an act to alter and change the name
of James Riley Bryant, of Pulaski county, to that of James
Riley Dykes, and to legitimatise the same.
A bill to be entitled an act to incorporate Beach Spring
Academy in the county of Harris, and to appoint trustees for
the same.
A bill for the relief and benefit of Edmund McCubbins,
praying for a lease of the State's interest in lot_oLland No.
241
55, in the fifth district of Troop county, during his natural
A bill to authorise the clerk of the Inferior Court of the
county of Clark, to advertise Estrays, in any one of the ga¬
zettes published in Athens.
A bill to amend the road laws of Camden eounty.
A bill to authorise Thomas R. Huson and Company, to
erect a bridge across the river Etowah, in the county of Cass,
and to charge and collect toll at the same.
A bill to incorporate the village of Houston, in the county
of Heard, and to make permanent the election precinct at
said place.
A bill to make William W. Ellison, the adopted son of
James Ellison, of Bibb county, and to make him capable of
inheriting as heir at law to the said Ellison.
A bill to authorise Joseph Wilson, of Cass county, to es¬
tablish a toll bridge across the Oostenauly river, on his own
land, to fix the rates of toll on the same, and to erect a mill
dam on said river.
A bill to incorporate Bainbridge Female Academy, in the
county of Decatur.
A bill to compel the commissioners on the road from Dah-
lonega, in Lumpkin county, by way of Ellijay, in Gilmer
county, to the Federal Road in Murray county, and to com¬
pel them to make settlement with John J. Dickson, George
Brack and Henry Wykel; and also, to define the mode of
making such settlements.
A bill to repeal an act entitled an act to compensate per¬
sons who may be compelled to attend the Superior Courts
of this State, as witnesses in behalf of the State, in counties
other than where such person or persons may reside.
A bill to repeal an act consolidating the offices of collec¬
tor and receiver of tax returns of Gwinnett county.
Mr. Loveless moved to commit the bill to the first of June
next.
On which motion, the yeas and nays were required to be
recorded, and are yeas 39, nays 24.
Those who voted in the affirmative, are Messrs.
life.
Bishop,
Echols of Walton,
Knight,
LindsUy,
Loveless,
Mays,
Camron,
Chastain,
Christian,
Cone,
Camp,
Boggess,
Gordon,
Graves,
Guess,
Hamilton,
McAfee,
Harris of Taliaferro,McConnell,
Heflin,
McDonald,
Culbertson,
Diamond,
Dunagan,
Holmes of Baker, Rainey,
Echols of Coweta,
Jemeson.
Jones,
Kimzey,
Reid,
Robertson,
Smith of Twiggs,
242
Speight, Swain, Waldhour,
Spencer, Tomlinson, Watters.
Those who voted in the negative, are Messrs.
Beasley, Glover, Strickland of Tatn'L
Blackshear, Goode, Strickland of Ware,
Calhoun,. Harris of Burke, Vincent,
Carter, Harris of Warren, Warthen,
Cox, Janes, Williams,
Creach, Miller, Williamson,
Dawson, Minter, Wiggins,
Fryer, Moore, Wright.
A bill to change the place of holding elections in the coun¬
ty of Talbot, from the houses of R. A. Hall, and Theodorick
Mumfbrd, to the house of Robert Carson, in said county; and
to establish an election precinct in the county of Hall.
A bill to extend the time for taking out grants for lands, in
the counties of originally Early, Irwin, Appling, Hall, Hab¬
ersham and Rabun, and to provide for the disposition of the
same, if not granted within the time extended.
A bill to point out and regulate the manner of taking tes¬
timony by commissioners, in certain cases.
A bill to incorporate an institution for the promotion of
christian knowledge and general education, to be called the
Georgia Episcopal Institute and Christ College, at Montpe-
lier, in the county of Monroe.
On motion,
'The Senate adjourned to 9 o'clock, on Monday morning.
MONDAY MORNING, December 14, 1840.
The Senate met pursuant to adjournment.
Mr. Miller moved to reconsider so much of the Journal of
Saturday as relates to the committing until June next, the
bill to repeal an act consolidating the offices of collector and
receiver ol tax returns of Gwinnett county.
On which motion, the yeas and nays were required to be
recorded, and are yeas 37, nays 42.
Those who voted in the affirmative, are Messrs.
Beasley, Calhoun, Dawson,
Blackshear, Carter, Floyd,
Bryan of Macon, Crosby1 Fryer,
243
Glover,
Gonder,
Guode,.
Griggs,
Harris of Burke,
Kennon,
Miller,
Minter,
Moore,
Neal,
Harris of Taliaferro,Smead,
Harris of Warren, Smith of Bryan
Holmes of Houston, Spencer,
Jane s, Staple ton,
Jones,
Wright.
Those who voted in the negative, are Messrs.
Adams, Graham,
Beall, Graves,
Bishop, Guess,
Boggess, Hamilton,
Bostwick, Hammond,*
Camp, Heflin,
Camron, Henley,
Chastain, Holmes of Baker,
Christian, Jemeson,
Cone, Kimzey,
Culbertson, Lindsay,
Diamond, Loveless,
Dunagan, Mays,
Strickland of Tatt¬
nall,
Strickland of Ware,
Thomas,
Tomlinson,
W aldhour,
Warthen,
Williams,
Williamson,
McConnell,
McDonald,
Morris,
Rainey,
Reeves,
Reid,
Robertson,
Smith of Twiggs,
Speight,
Swain,
Vincent,
Watters,
Wiggins,
Young.
Echols of Coweta, McAfee,
Gordon,
So the Senate refused to reconsider.
Mr. Calhoun reported a bill to amend an act to add an
additional section to the penal code, approved December 27,
1836; which was read the first time.
Mr. Miller laid the following resolution on the table, to wit:
Resolved by the Senate and House of Representatives of the State
of Georgia, in General Assembly met, That his Excellency the
Governor, be and he is hereby requested to have printed for
the use of the next General Assembly, and before the session,
three hundred and fifty copies each of the several Bank Re¬
ports for October 1841, and of the Treasurer's and Comp¬
troller-General's Reports for said year.
Resolved further, That the public Printer be, and he is
hereby directed, not to print with the acts or journals of the
present session, any document, unless specially directed so
to do by resolution of the General Assembly, or one of the
branches thereof.
The Senate took up the special order of the day, being the
report of the committee of the whole, on the bill to alter the
third and seventh sections of the first article of the Constitu¬
tion of this State.
244
Mr. Echols, of Walton, offered the following amendment,
which was agreed to:
Provided, That no two Senators shall be elected from the
same county.
Mr. Miller moved to strike out "three" and insert "five."
On which motion, the yeas and nays were required to be
recorded, and are yeas 52, nays 31.
Those who voted in the affirmative, are Messrs.
Adams, Echols of Coweta, Mays,
Beall, Echols of Walton, McAfee,
Beasley, Floyd, McConnell,
Bishop, Glover, McDonald,
Boggess, Godard, Miller,
Bostwick, Goode, Moore,
Bryan of Macon, Gordon, Morris,
Bulloch, Griggs, Reeves,
Calhoun, Guess, Reid,
Camp, Hamilton, Smead,
Camron, Harris of Burke, Spencer,
Carter, Harris of Taliaferro,Thomas,
Chastain, Harris of Warren, Warthen,
Christian, Heflin, Watters,
Culbertson, Jones, Williams,
Dawson, Kennon, Williamson,
Diamond, Kimzey, Wright.
Dunagan,
Those who voted in the negative, are Messrs.
Blackshear, Janes, Stapleton,
Cone, Knight, Strickland of Tatt-
Conner, Lindsay, nail,
Creach, Loveless, Strickland of Ware,
Crosby, Minter, Swain,
Fryer, Neal, Tomlinson,
Graham, Rainey, Vincent,
Graves, Robertson, Waldhour,
Holmes of Baker, Smith of Bryan, Wiggins,
Holmes of Houston, Smith of Twiggs, Young.
Jemeson, Speight,
The Senate agreed to strike out.
Mr. Cone moved to strike out the whole paragraph, and
insert, "one Senator from each county."
Mr. Floyd offered the following amendment to Mr. Cone's
amendment: "and that each county pay its Senator and
Representatives."
Mr. Creach offered the following proviso to Mr. Floyd's
amendment:
Provided, Each county pay the expense of the legislator
245
for all time consumed by these members in unnecessary de¬
bate and local legislation for their respective counties.
On motion of Mr. Chastain, to lay the bill and all amend¬
ments, on the table for the balance of the session, the yeas
and nays were required to be recorded, and are yeas 37
nays 48.
Those who voted in the affirmative, are Messrs.
Bostwick, Hamilton, Reeves,
Camp, Holmes of Baker, Robertson,
Camron, Holmes of Houston,Smith of Bryan,
Chastain, Jemeson, Smith of Twiggs,
Cone, Kimzey, Speight,
Conner, Knight, Strickland of Tatt-
Creach, Lindsay, nail,
Crosby, Loveless, Strickland of Ware,
Dunagan, McConnell, Swain,
Fryer, Minter, Tomlinson,
Godard, Neal, Waldhour,
Graham, Rainey, Wiggins,
Graves, Young.
Those who voted in the negative, are Messrs.
Adams, Glover, McAfee,
Beall, Gonder, McDonald,
Beasley, Goode, Miller,
Bishop, Gordon, Moore,
Blackshear, Griggs, Morris,
Boggess, Guess, Reid,
Bulloch, Hammond, Smead,
Calhoun, Harris of Burke, Spencer,
Carter, Harris of Taliaferro,Stapleton,
Christian, Harris of Warren, Thomas,
Culbertson, Heffin, Vincent,
Dawson, Henley, Warthen,
Diamond, Janes, Watters,
Echols of Coweta, Jones, Williams,
Echols of Walton, Kennon, Williamson,
Floyd, Mays, Wright.
The Senate refused to lay it on the table.
On motion of Mr. Cone, to strike out the whole paragraph,
the yeas and nays were required to be recorded, and are
yeas 41, nays 41.
Those who voted in the affirmative, are Messrs.
Blackshear, Cone, Fryer,
Camp, Conner, Godard,
Camron, C reach, Graham,
Chastain, r.nlhectsan*.^ Graves,
246
Hamilton, Lindsay,
Hammond, Loveless,
Harris of Taliaferro,McConnell,
Henley, Minter,
Holmes of Baker, Neal,
Holmes of Houston,Rainey,
Jemeson, Reid,
Janes, Robertson,
Kimzey, Smith of Bryan,
Knight, Smith of Twiggs,
Speight,
Stapleton,
Strickland of Tatt¬
nall,
Strickland of Ware,
Swain,
Tomlinson,
W aldhour,
Wiggins,
Young.
Those who voted in the negative, are Messrs.
Adams,
Beall,
Beasley,
Bishop,
Boggess,
Bulloch,
Calhoun,
Carter,
Christian,
Crosby,
Dawson,
Diamond,
Dunagan,
Echols of Coweta,
There being a tie, the President voted in the negative, and
the Senate refused to strike out.
Echols of Walton,
McDonald,
Floyd,
Miller,
Glover,
Moore,
Gonder,
Moiris,
Goode,
Reeves,
Gordon,
Smead,
Griggs,
Spencer,
Guess,
Thomas,
Harris of Burke,
Vincent,
Harris of Warren,
W arthen,
Heflin,
Watters,
Jones,
Williams,
Mays,
Williamson,
Wright.
On motion of Mr. Chastain, to strike out the words, "and
including three-fifths of all the people of color," the yeas
and nays were required to be recorded, and are yeas 2S»
nays 56.
Those who voted in the affirmative, are Messrs.
Adams, Guess, Mays,
Boggess, Hamilton, McAfee,
Camp, Hammond, McConnell,
Cannon, ILeffin, Morris,
Chastain, Jemeson, Rainey,
Diamond, Jones, Reeves,
Dunagan, Kimzey, Robertson,
Echols of Coweta, Lindsay, Swain,
Echols of Walton, Loveless, Watters.
Graves,
Those who voted in the negative, are Messrs.
Beall, Blackshear, Bulloch,
Beasley, Bostwick, Calhoun,
Bishop", Bryan of Macon, Carter,
M7
Christian, Harris of Taliaferro,Speight,
Conner, Harris of Warren, Spencer,
Creach, Henley, Stapleton,
Crosby, Holmes of Baker, Strickland of Tatt-
Culbertson, Holmes of Houston, nail,
Dawson, Janes, -Strickland of Ware,
Floyd, Knight, Thomas,
Fryer, McDonald, Tomlinson,
Glover, Miller, Vincent,
Godard, Minter, Waldhour,
Gonder, Moore, Warthen,
Goode, Neil, Williams,
Gordon, Reid, Williamson,
Graham, Smead, Wiggins,
■Griggs, Smith of Bryan, Wright,
Harris of Burke, Smith of Twiggs, Young.
The Senate refused to strike out.
Mr. Cone moved to strike out "twenty thousand to four
members-"
On which motion, the yeas and nays were required to be
recorded, and are yeas 62, nays 20.
Those who voted in the affirmative, are Messrs.
Adams, Graves, Reeves,
Bea.ll, Griggs, Smead,
Bishop, Guess, Smith of Bryan,
Boggess, Hammond, Smith of Twiggs,
Bostwick, Harris of Burke, Speight,
Camp, Harris of Taliaferro,Spencer,
Camron, Heflin, Stapleton,
Chastain, Henley, Strickland of Tatt-
Cone, Holmes of Baker, nail,
Conner, Jemeson, Strickland of Ware,
Crosby, Jones, Swain,
Diamond, Kimzey, Thomas,
Echols of Coweta, Mays, Tomlinson,
Echols of Walton, McAfee, Vincent,
Floyd, McConnell, Warthen,
Fryer, McDonald, Watters,
Glover, Minter, Williams,
Godard, Moore, Williamson,
Gonder, Morris, Wiggins,
Gordon, Neal, Wright,
Graham, Rainey, Young.
Those who voted in the negative, are Messrs.
Beasley, Calhoun, Creach,
Blackshear, Carter, Culbcrtson,
Bulloch, .Christian*. Dawson,
248
JDunagan, Janes, Loveless,
Hamilton, Knight, Miller,
Harris of Warren, Lindsay, Reid,
Holmes of Houston, Robertson.
So the Senate agreed to strike out.
Mr. Miller offered the following amendment, to eome in
after the words, "of the Constitution" ; which was agreed
to, viz-—And for the purpose of reorganizing the Judicial
circuits, so as to make the representative population of all
said circuits as nearly equal as possible.
Mr. Cone offered the following amendment r
"And the General Assembly of the year 1841, shall pass
all laws as shall be necessary to carry into effect this pro¬
vision of the Constitution, which shall take effect on the first
Monday in October, 1842." Which was lost.
On the question, shall this bill now pass ? the yeas and
nays were required to be recorded, and are yeas 40, nays 45.
Those who voted in the affirmative, are Messrs. -
Adams, Gonder, Moore,
Beall, Goode, Morris,
Beasley, Gordon, Reid,
Bishop, Griggs, Smead,
Boggess, Guess, Spencer,
Bulloch, Harris of Burke, Stapleton,
Calhoun, Harris of Taliaferro,Thomas,
Carter, Harris of Warren, Vincent,
Christian, Henley, Warthen,
Dawson, Jones, Watters,
Diamond, Mays, Williams,
Echols of Coweta, McDonald, Williamson,
Echols of Walton, Miller, Wright.
Floyd,
Those who voted in the negative are Messrs.
Blackshear, Godard, Loveless,
Bostwick, Graham, McAfee,
Bryan of Macon, Graves, McConnell,
Camp, Hamilton, Minter,
Carnron, Hammond, Neal,
Chastain, Heflin, Rainey,
Cone, Holmes of Baker, Reeves,
Conner, Holmes of Houston,Robertson,
Creach, Jemeson, Smith of Bryan,
Crosby, Janes, Smith of Twiggs,■
Culbertson, Kimzey, Speight,
Dunagan, Knight, Strickland of Tatt-
Fryer, Lindsay, nail,
Glover, Strickland of Ware,
249
Swain, Waldhour, Wiggins,
Tomlinson, Young.
So the bill was lost.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
Mr. President:—-The House of Representatives have
passed A Bill to repeal an act entitled an act to alter and
amend an act to establish a bank at Milledgeville, to be call¬
ed and known by the name and style of the Central Bank of
Georgia, &c., passed on the 22d December, 1828, passed the
21st day of Decmber, 1839, and to provide for the circula¬
tion of said bank, and for other purposes.
They have also concurred in a resolution of the Senate,
bringing on the election of three commissioners of the Wes¬
tern and Atlantic Rail Road, on to-morrow 12 o'clock, M.,
with amendments ; to which they desire the concurrence
of the Senate.
The following message was received from his Excellency,
the Governor, by Mr. Harris, his Secretary, to wit:
Executive Department, >
Milledgeville, 14th December, 1840. )
In compliance with the resolution of the twelfth instant,
I have the honor to transmit the copy of an audited certifi¬
cate to David McCullough, in which is contained the copy.
An authenticated certificate was presented on the fifth of
February, 1816, by David Ross, of Virginia, through his
agent, Seaton Grantland, Esquire, and paid; a copy of whose
receipt is also laid before you.
[Signed] CHARLES J. McDONALD.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary, to wit:
I have the honor to lay before the Legislature the copy of
a letter from the Honorable James N. Wingfield, John T.
Wooten, and George W. Carter, informing me of the remo¬
val from the State, of General Paul J. Semmes, of the first
brigade of the fourth division of the militia of this State, by
which that office has become vacant.
[Signed] CHARLES J. McDONALD.
Mr. Thomas laid the following resolution on the table,
which was 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
Legislature with so much of the correspondence of Solomon
Jenning, senior, as relates to the amount expended in the ap¬
prehending David Patton, a fugitive from justice; the
250
amount asked to be paid him, and also Solomon Jenning's
affidavit.
The Senate took up the report of the Committee of the
Whole, on the bill to amend the charter of the city of Macon,
so far as respects the time of holding charter elections of
said city ; the report was agreed to.
The bill was read the third time and passed—and the Se¬
cretary directed to take the bill forthwith to the House of
Representatives.
The following message was received from his Excellency
the Governor, by Mr. Glascock, his Secretary :
Executive Department, >
Milledgeville, 12th December, 1840. )
Gentlemen of the Sena te and
House of Representatives:
Since your assemblage on the second ultimo, the Cotton
crop of the present }mar has been generally gathered, and
the quantity raised has fallen so far below the most reasona¬
ble calculation, that without a forbearance on the part of
creditors, not to be expected, the pecuniary distress of the
people for the next year, will be unprecedented and ruinous.
I feel it my duty, therefore, to call your attention to this sub¬
ject, before your adjournment, that you may adopt such con¬
stitutional measures for the relief of the people as your wis¬
dom may suggest as expedient and proper.
The Central Bank, burthened as it is and necessarily must
be by appropriations for the support of Government, cannot
extend further accommodations; and if you concur with me
in the opinion that the exigency demands at your hands some
effort for the aid of the people through the difficulties of the
ensuing year, disappointed as they are in the usual means
of meeting their engagements, by the almost total failure of
the cotton crop in some places, and its great diminution ev¬
ery where, you cannot turn your attention too soon to the
subject.
Being unapprised of any measure proposed by jmu for
this object, and not being willing to incur the expenses inci¬
dent to an extraordinary session of the Legislature, when it
is as well known now as it can be some months hence, that
the necessities of the people will certainly require relief,
which none but the supreme authority can afford, I venture
to place the matter before you, not doubting that all will be
done by you, that can be, to avert the consequences of a ca¬
lamity that could not have been foreseen, and that no pru¬
dence could have guarded against.
[Signed]
PHARLES J, MeDONA LD.
251
The Senate took up the order of the day, Mr. Jones' reso¬
lutions relative to stopping the work on the Western'and
Atlantic Rail Road; and while under discussion,
The Senate adjourned until 3 o'clock, this afternoon.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate took up the unfinished business of the last ad¬
journment, to wit, the resolution relative to the Western and
Atlantic Rail Road.
Mi. Reid offered the following amendment to the first re¬
solution : Or to some point in Murray county, at which the
Hiwassee Rail Road can most conveniently unite with it;
which was agreed to, and the resolution adopted as amended.
On the question to agree to the second resolution, the yeas
and nays were required to be recorded, and are yeas 13,
nays 63.
Those who voted in the affirmative are Messrs.
Beasley, Hamilton, Lindsay,
Dunagan, Jemeson, Reid,
Glover, Jones, Smead,
Graves, Kimzey, Watters.
Griggs,
Those who voted in the negative, are Messrs.
Beall, Echols of Walton, McConnell,
Bishop, Floyd, McDonald,
Blackshear, Godard, Miller,
Boggess, Gonder, M'inter,
Bostwick, Goode, Moore,
Bryan of Macon, Gordon, Morris,
Bulloch, Graham, Neal,
Calhoun, Guess, Rainey,
Camp, " Hammond, Reeves,
Camron, Harris of Burke, Robertson, 1
Carter, Harris of Taliaferro,Smith of Twiggs,
Chastain, Harris of Warren, Spencer,
Christian, Henley, Stapleton,
Cox, Holmes of Baker, Strickland of Tatt-
Creach, Janes, - nail,
Culbertson, Loveless, Strickland of Ware,
Dawson, Mays, Swain,
Diamond, McAfee, Thomas,
Echols of Coweta, Tomlinson,
2 52
Vincent, Williams, Wiggins,
Waldhour, Williamson, Wright,
Warthen, Young.
So the resolution was lost.
The following message was received from his Excellency
the Governor, by Mr. Glascock, his Secretary :
Mr. President:—His Excellency the Governor, has approv¬
ed and signed a resolution of the Senate, requesting our Sen¬
ators and Representatives in Congress to use their influence
to have a mail route established between Brunswick, Geor¬
gia, and Tallahassee or Chattahoochee, in Florida.
Mr. Calhoun laid the following resolution on the table:
Resolved, That his Excellency the Governor, be and he is
hereby respectfully requested to recommend to this branch
of the Legislature, such specific measure or measures as he
may deem necessary and expedient to prevent the pecuniary
distress of the people for the next year, referred to in his
message of to-day.
On the question to agree to the resolution, the yeas and
nays were required to be recorded, and are yeas 44, nays 39.
Those who voted in the affirmative, are Messrs.
Beasley, Goode, Smith of Bryan,
Blackshear, Griggs, Spencer,
Bryan of Macon, Harris of Burke, Stapleton,
Bulloch, Harris of Taliaferro,Strickland, of Tatt-
Calhoun, Harris of Warren, nail,
Carter, Holmes of Houston,Strickland of Ware,
Christian, Janes, Thomas,
Cox, Knight, Tomlinson,
Creach, Miller, Vincent,
Dawson, Minter, Waldhour,
Floyd, Moore, Warthen,
Fryer, Neal, Williams,
Glover, Reid, Williamson,
Godard, Robertson, Wiggins,
Gonder, Smead, Wright.
Those who voted in the negative, are Messrs.
Beall, Crosby, Guess,
Bishop, Culbertson, Hamilton,
Boggess, Diamond, Hammond,
Bostwick, Dunagan, Henley,
Camp, Echols of Coweta, Holmes of Baker,
Camron, Echols of Walton, Jemeson,
Chastain, Gordon, Kimzey,
Cone, Graham, Lindsay,
Conner, Gr/wesr tJUVPlusB,
253
Mays, Morris, Speight,
McAfee, Rainey, Swain,
McConnell, Reeves, Watters.
McDonald, Smith of TwiggS, Young.
So the Senate agreed to the resolution.
The Senate then adjourned until 9 o'clock, to-morrow
morning.
TUESDAY MORNING, December 15, 1840.
The Senate met pursuant to adjournment.
The Honorable Spencer Marsh, Senator elect from the
county of Walker, appeared, produced his credentials, was
1 sworn by the President of the Senate, and took his seat.
The Senate took up, and agreed to the following resolu¬
tion :
Resolved, That, after this date, the meeting of the Senate,
: shall be at the hours of 9 o'clock, A. M., at 3 o'clock and at
7 o'clock, P. M.
Mr. Miller laid the following resolution on the table :
Resolved, That the Directors of the Central Bank commu¬
nicate to this branch of the General Assembly, how much of
the stock held by the State in the several banks has been
sold by them since their last report to the Senate, the names
of the purchasers, the price at which the stock was sold,
and the kind of fnnds received in payment; which was
taken up, read, and agreed to.
Mr. Chastain laid the following resolution on the table:
Resolved, That the Commissioners of the Western and
Atlantic Rail Road, be requested to inform the Senate, what
was the expenses of the agent sent to the North, and to Eu¬
rope, to negotiate State Bonds.
Resolved, That the Commissioners of the Western and
Atlantic Rail Road, be instructed to inform the Senate, how
many engineers have been dismissed under the act of 1838,
and when they and each of them were dismissed; which
was taken up, read, and agreed to.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk.
Mr. President:—The House of Representatives have con¬
curred with the Senate in their amendments to the bill, to
compel the several banks of this State to * redeem their re¬
spective liabilities in specie, and to provide for the forfeiture
of the charter or charters of such as may refuse.
254
They have also agreed to the report of the minority of
the select committee, on the claim of the heirs of George
Galphin.
They have also agreed to a resolution bringing on the
election of a Brigadier General for the first brigade and
fourth division, G. M.; at 12 o'clock, this day.
To which, the concurrence of the Senate is desired.
The Senate took up the report of the committee of the
whole, on the bill to extend the time for taking out grants for
lands in the counties of originally Early, Irwin, Appling,
Hall, Habersham, and Rabun, and to provide for the dispo¬
sition of the same, if not granted within the time extended.
, Mr. Blackshear moved to amend the first section of the
bill by striking out the "first Monday in November."
On which motion, the yeas and nays were required to be
recorded, and are yeas 54, nays 24.
Those who voted in the affirmative, are Messrs.
Jemeson,
Janes,
Jones,
Kennon,
Knight,
Adams,
Bishop,
Blackshear,
Bryan of Macon,
Calhoun,
Carter,
Cone,
Cox,
Dawson,
Echols of Coweta, Lindsay,
Echols of Walton, McAfee,
F ryer, McConnell,
Godard, McDonald,
Gonder, Miller,
Gordon, Minter,
Graham, Neal,
Guess, Rainey,
Hammond, Reid,
Harris of Burke,
Heflin, Robertson,
Henley, Smith of Bryan,
Holmes of Baker, Smith of Twiggs,
Holmes of Houston,Speight,
Spencer,
Strickland of Tatt¬
nall,
Strickland of Ware,
Swain,
Thomas,
Tomlinson,
Waldhour,
Watters,
Williams,
Williamson,
Wiggins,
Wright,
Young.
Those who voted in the negative, are Messrs.
Beall,
Beasley,
Boggess,
Bostwick,
Camp,
Camron,
Chastain,
Christian,
Dunagan,
Floyd,
Glover,
Goode,
Graves,
Griggs,
Hamilton,
Kimzey,
Loveless,
Marsh,
Moore,
Morris,
Stapleton,
Vincent,
Harris of Warren, Warthen.
So the motion prevailed,.
255
Mr. Vincent moved to fill the blank which then occurred,
with the " first day of September."
On which motion, the yeas and nays were required to be
recorded, and are yeas 43, nays 39.
Those who voted in the affirmative, are Messrs.
Beall, Floyd, Minter,
Beasley, Glover, Moore,
Boggess, Graves, Morris,
Bostwick, Griggs, Reeves,
Bulloch, Hamilton, Reid,
Camp, Hammond, Stapleton,
Camron, Harris of Warren, Strickland of Tatt-
Chastain, Heflin, nail,
Christian, Henley, Tomlinson,
Crosby, Jemeson, Vincent,
Culbertson, Kennon, Warthen,
Diamond, Kimzey, Watters,
Dunagan, Lindsay, Williamson,
Echols of Coweta, Loveless, Wiggins.
Echols of Walton, Marsh,
Those who voted in the negative, are Messrs.
Adams, Graham, Rainey,
Bishop, Guess, Robertson,
Blackshear, Harris of Burke, Smead,
Bryan of Macon, Holmes of Baker, Smith of Twiggs,
Calhoun, Holmes of Houston,Speight,
Carter, Janes, Spencer,
Cone, Jones, Strickland of Ware,
Cox, Knight, Swain,
Dawson, McAfee, Thomas,
Fryer, McConnell, Waldhour,
Godard, McDonald, Williams,
Goode, Miller, Wright,
Gordon, Neal, Young.
So the motion prevailed.
Mr. Blackshear moved to strike out a portion of the sec¬
ond section, after the words " as reverted to the State," and
insert the following, to wit:
" And any person, a citizen of this State, by paying into
the treasury the sum of one thousand dollars, shall be en¬
titled to, and receive from the Surveyor General, a grant to
any ungranted lot of land in the counties aforesaid—from
and after the first day of October next, by paying into the
treasury the sum of four hundred dollars ; from and after
the first day of November next, by paying into the treasury
the sum of three hundred dollars ; from and after the first
day of December next, by paying into the treasury the sum
256
of two hundred dollars ; from and after the first day of Jan¬
uary, eighteen hundred and forty-two, by paying into the
treasury the sum of one hundred dollars ; from and after the
first day of February, eighteen hundred and forty-two, by
paying into the treasury the sum of fifty dollars ; from and
after the first day of March, eighteen hundred and forty-two,
by paying into the treasury the sum of twenty-five dollars;
and from and after the first day of April, eighteen hundred
and forty-two, any person, a citizen of said State, by paying
into the treasury the sum of five dollars, shall be entitled to,
and receive from the .Surveyor General, a grant to any un-
granted lot of land laying in the counties aforesaid.
On which motion, the yeas and nays were required to be
recorded, and are yeas 60, nays 20.
1 Those who voted in the affirmative, are Messrs.
Beall, Graham, Minter,
Bishop, Graves, Neal,
Blackshear, Harris of Burke, Rainey,
Boggess, Harris of Taliaferro,Reeves,
Bryan of Macon, Harris of Warren, Reid,
Bulloch, Henley, Robertson,
Camp, Holmes of Baker, Smith of Bryan,
Christian, Holmes of Houston,Smith of Twiggs,
Cone, Janes, Speight,
Conner, Jones, Spencer,
Crosby, Kennon, Strickland of Tatt-
Culbertson, Kimzey, nail,
Dawson, Knight, Strickland of Ware,
Diamond, Lindsay, Swain,
Echols of Coweta, Loveless, Thomas,
Echols of Walton, Marsh, Tomlinson,
Fryer, McAfee, Waldhour,
Glover, McConnell, Watters,
Godard, McDonald, Wiggins,
Goode, Miller, Young.
Gordon,
Those who voted in the negative, are Messrs.
Beasley, Gonder, Morris,
Bostwick, Griggs, Smead,
Carter,^ Guess, Stapleton,
Chastain, Hamilton, Vincent,
Cox, Hammond, Williamson,
Dunagan, Jemeson, Wright.
Floyd, Moore,
So the motion prevailed:.
Mr. Moore offered the followiug amendment to the third
section of the bill; which was agreed to, to wit:
257
Unless one of the applicants shall be the original draw¬
er, then, and in that case, the said drawer shall be entitled
to the grant for said land."
Mr. Knight offered the following amendment to the fifth
section of the bill; which was agreed to, to wit:
"Provided, That any judgment-creditor may take out such
grant upon making or filing his or her affidavit, that he or
she is a judgment-creditor of the drawer, and applies for the
grant for the purpose of selling said lot1 under his or her
execution.
The report was agreed to—-the bill was then read the third
time, and passed under the title thereof.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk, viz:
Mr. President:—The House of Representatives have
adopted resolutions expressive of their regret at the death of
Horatio Webb, Esq., late a Representative from the county
of Jackson, and have appointed on their part, Messrs. Rob¬
erts, Ford, of Lee, Pryor, McMillian, of Jackson, and Rodg-
ers, a committee, to confer with such committee as may be
appointed on the part of the Senate, in order to make suita¬
ble arrangements for the interment of the deceased, at 3
o'clock, this afternoon.
To which, the concurrence of the Senate is desired.
The Senate took up the report of the committee of the
whole, on the bill to amend an act, entitled an act, more effec¬
tually to secure the solvency of all the Banking Institutions
of this State, passed the 24th December, 1832, assented to,
the 23d day of December, 1839, and to prescribe a penalty
for any non-compliance with the provisions of the same, or
of this act.
Mr. Gordon moved to lay the bill on the table for the bal¬
ance of the session.
On which motion, the yeas and nays were required to be
recorded, and are yeas 55, nays 20.
Those who voted in the affirmative, are Messrs.
Beall, Culbertson, Hammond,
Beasley, Dawson, Harris of Burke,
Bishop, Diamond, Harris of Taliaferro,
Bostwick, Echols of Walton, Harris of Warren,
Bryan of Macon, Glover, Henley,
Calhoun, Godard, Holmes of Baker,
Camron, Gonder, Janes,
Carter, Goode, Kimzey,
Christian, Gordon, Knight,
Conner, Graham, Loveless,
Cox, Griggs, Marsh,
Crosby, Guess, McAfee,
17
258
McConnell, Smead, Tomlinson,
Miller, Smith of Twiggs, Vincent,
Minter, Spencer, Waldhour,
Moore, Strickland of Ware, Watters,
Neal, Swain, Williams,
Reeves, Thomas, Williamson.
Reid,
Those who voted in the negative, are Messrs.
Blackshear, Hamilton, Speight,
Camp, Heflin, Stapleton,
Chastain, Jemeson, Strickland of Tatt-
Cone, Jones, nail,
Dunagan, Lindsay, Wiggins,
Echols of Coweta, Morris, Wright,
Graves, Robertson, Young.
So the motion prevailed.
On motion of Mr. Bishop,
The following preamble and resolutions from the House
of Representatives, was taken up, viz :
Whereas, it has pleased God, in his wise dispensation, to
take from the world, Horatio Webb, a member of this
House from the county of Jackson—a man who has at ah
times sustained a high character for integrity, honesty,
truth, and patriotism, who, in the war of eighteen hundred
and fourteen, perilled his life in the defence of his country,
and who was now in the discharge of a high confidence re¬
posed in him by his constituency : And whereas, it becomes
our duty to testify our respect for the deceased, in a manner
worthy the character he sustained in life,
Be it resolved by the Senate and House of Representatives,
That a joint-committee be appointed to make the necessary
arrangements for the burial of Colonel Horatio Webb, a
member of this House from the county of Jackson, and, as
a testimony of our respect for the deceased, that we adjourn
at 12 o'clock, that the committee may make such arrrange-
ments as may be necessary.
And be it farther resolved, That the House meet at 3 o'clock,
for the purpose of attending the burial of Colonel Horatio
Webb, and that the Clerk immediately communicate the
same to the Senate.
The resolutions were agreed to, and the following com¬
mittee appointed on the part of the Senate, viz: Messrs.
Bishop, Mays, Echols, of Walton, and Beasley.
On motion,
The Senate adjourned to 3 o'clock, this afternoon.
259
Three o'clock, P. M.
The Senate met pursuant to adjournment.
f
The Senate took up, and concurred with the House of
3presentatives, in the resolutions for the interment of Ho-
tio Webb, Esq., late a Representative from the county of
ickson.
The Senate adjourned to 7 o'clock, this evening.
Seven o'clock, P. M.
The Senate met pursuant to adjournment.
The following message was received from his Excellency,
g 3 Governor, by Mr. Harris, his Secretary :
Mr. President:—I am directed by his Excellency the Gov-
^Qor, to lay before this branch of the GeneralAssembly,
,'i communication.
ot:
■! On motion of Mr. Calhoun,
The following communication from his Excellency, the
tDvernor, was taken up, read, and referred to a select
committee, consisting of Messrs. Echols, of Walton, Miller,
anencer, Bishop, Calhoun, Cox, and Beall, viz:
If.
e Executive Department, >
Milledgeville, 15th Dec. 1840. )
^ I had the honor, yesterday, of asking the attention of the
cseneral Assembly to such constitutional measure of relief
the people, from the calamitous consequences of an un¬
precedented failure of the cotton crop, as their wisdom
sight suggest as expedient and proper, leaving the selection
sf the means by which so desirable an end could be accom-
lished, unembarrassed by any specific recommendation
. om me. But as each House of the General Assembly
passed a resolution on the same day, requesting me to sug¬
gest to its consideration some definite measure for this pur-
ose, I accordingly proceed to state the result of my reflec-
:;ons, as to the most appropriate method of effecting it.
; The Central Bank having exhausted its means, and new
emands being about to be made upon it to pay the appro¬
bations of the present session, which must be met with its
wn bills ; for the redemption of which, there is no fund,
xcept the notes due that Institution by individuals, cannot
e relied on in its present condition, for the purpose.
The suspension of the operations of the law would in-
26CF
fringe a wholesome provision of the Constitution, and violat
the morality of private contracts. The sale of State Bom]
to an amount adequate to the purpose, and the deposited
the proceeds in the Central Bank, by which that Institute
would be enabled to afford the necessary relief, under surl
restrictions as the Legislature may prescribe, seems to!,,
liable to fewer objections, than any which suggests itself t(
me, as practicable.
As the measure proposed, is one of relief and not intended
to afford facilities for speculation, the funds should be dis¬
tributed to those alone, xvhose embarrassments require it-
they paying an interest equal to that paid on the bonds, giv¬
ing unquestionable security to save the State from the possi¬
bility of loss. The money used for this purpose being raised
upon the credit of the State, to supply the deficiency of tlie
cotton crop, the borrower should be required to repay t\
within such reasonable time as the Legislature may pre¬
scribe ; as this is a temporary expedient to meet the present
emergency, the measure should be confined to the contem¬
plated object, and the borrowers should not be encourage!
to hope that the proceeds of their industry might be applied
to new engagements, unnecessarily contracted. If the plan
now proposed for giving effect to the measure, be deemed
by the general Assembly objectionable, I would eamestlj
recommend to them, to devise some other more faultless,
in support of which, they will have my co-operation.
The people of an adjoining State have derived immense
benefit from a similar measure. By laboring industriously,
and observing a rigid economy, they have been enabled to
discharge debts without a sacrifice of property, which, it1
pressed, would have brought ruin upon them. The matter
is again referred to you, with these suggestions, which shoull|
have accompanied my former communication, but for an
apprehension that it might have been construed into an in¬
delicate intrusion of the opinion of the Executive, as to the
details of a measure which he had submitted in the usual
manner to the Representatives of the people. If I be cor¬
rect, in supposing the condition of the country is such as to
demand some act of relief, I think it important, and required
by the public interest, that you should provide for it before
your adjournment, rather than draw upon a treasury already
exhausted, for the enormous expenses of an extra session;
but if you shall determine against it, I shall have the expres¬
sion ot the Legislative opinion, that no measure of the soil
is demanded by our constituents, which will render surpcr-
fluous your special assemblage for this purpose.
[Signed] CHARLES J. McDONALD-
On motion, the rule was suspended, and leave granted te
Mr. Morris, to introduce the following bill, viz :
261
A bill to authorise his Excellency, the Governor, to draw
s warrant in favor of the tax collector of such counties
s have paid over their taxes into the State Treasury, under
e act of 1839 ; which was read the first time.
The following bill from the House of Representatives,
as taken up, and read the first time.
A bill to repeal an act, entitled an act, to alter and amend
i act, to establish a bank at Milledgeville, to be called and
town by the name and style of the Central Bank of Geor-
a, &c., passed on the 22nd December, 1828, passed the
st day of December, 1839, and to provide for the cireula-
>n of said Bank, and for other purposes.
i'The following bill of the Senate, was taken up, read the
tcond time, and referred to a committee of the whole.
A bill to amend an act, entitled an act, to add an addi-
ienal section to the penal code, approved December 27th,
£36.
-The following bills from the House of Representatives,
ire severally taken up, read the second time, and referred
la committee of the whole.
A bill to authorise the Justices of the Inferior Court of
>bb county, or a majority of them, to levy an extra tax
■ the purpose of paying the former Sheriff and Jailor of
id county, for the apprehension, confining in jail, and
urging to trial, sundry Irishmen indicted for murder in
.id county, and for other purposes.
A bill to authorise the Mayor and Council of the city of
dumbus, to define the limits of Bay-Street, in said city,
;d to lay of a portion of said street, and of the North
immon of said city, into water lots, and to dispose of the
-me.
A bill to incorporate the Methodist Episcopal Church at
;whope, in Lincoln county, and to appoint trustees for the
me.
A bill to define to dignity of open accounts in the distri-
ition of decedent's estates.
A bill to prevent the employment of slaves or free per¬
ns of color, as Captains or patroons of boats and boxes
>on the Ocrnulgee and Altamahaw Rivers, except in cer-
in cases herein specified.
A bill to incorporate the town of Jacksonborough, in the
unty of Scriven, and to define the duties and authority of
e commissioners of the same.
A bill to alter and change the name of Madison Greenlea
xld, to that of Madison Greenlea Bryan, of Dooly county.
A bill to incorporate the Habersham and Union Turnpike
>mpany, and to grant certain privileges to the same.
The following communkafinn_was__received from the
262
President of the Central Bank, which was taken up, real
and referred to the Committee on Banks.
Central Bank of Georgia,
Milledgeville, 15th December, 1840.
To the Honorable President of the Senate.
Sir : In reply to the resolution of the Senate, passt,
this morning, I have the honor to state, that the accompany
ing statement of the Cashier contains the information de
sired. The funds received for these stocks were such as
we receive at our counter, and acknowledge to be current-
but were chiefly made up of the bills of the Central Bank,
The amount of stock now held by the Central Bank, ari
as follows :
In the Bank of Augusta, $89,ow
Bank of the State of Georgia, 231,701
Bank of Darien, 325,000
With great respect,
Your obedient Servant,
[Signed,] TOMLINSON FORT, President.
The Senate took up the report of the committee of tli1
whole, on the bill of the House of Representatives, to
peal an act, assented to, 28 th December, 1838, to compen¬
sate grand and petit jurors in the county of Macon, and
compensate the petit jurors of Jones county, so far as re
spects the county of Macon ; the report was agreed to—tin
bill read the third time, and passed.
The Senate took up the report of the committee, of tin
whole, on the bill of the House of Representatives, to ah
and fix the time of holding the Inferior Courts in the count;
of Muscogee ; the report was agreed to—the bill read tli
third time, and passed.
The Senate took up the report of the committee of tiuj
whole, on the bill of the House of Representatives, tof
thorise the Sheriffs and Clerks of Superior Courts ot tn-
county of Campbell, to insert their advertisements in any
the public gazettes in the Coweta circuit; the report w
agreed to—the bill read the third time, and passed.
The Senate took up the report of the committee of tU
whole, on the bill of the House of Representatives, to au¬
thorise the Justices of the Inferior Court of the county o'
Pike, to apply the county funds of said county for the sujjj
port of the invalid poor ; the report was agreed to—the bn
read the third time, and passed.
The Senate took up the report of the committee of th
whole, on the bill of the House of Representatives, to an
thorise the Justices of the Inferior Court of Macon count}
to levy an extra tax for the year 1S41: the report W
agreed to—the bijTread tlie third time, and passed.-
263
The Senate took up the report of the committee of the
whole, on the bill of the House of Representatives, to amend
an act, entitled an act, to establish a tribunal for the trial of
slaves within this State, passed 16th December, 1811, so
far as relates to the county of Mcintosh ; the report was
agreed to—the bill read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill of the House of Representatives, to repeal
an act, entitled an act, to amend the second section of an
act, passed 23d day of December, 1837, entitled an act, to
compensate the grand and petit jurors of the Superior and
Inferior Courts therein named, so far as relates to the coun¬
ty of Elbert, passed 27th day of December, 1838 ; the re¬
port was agreed to—the bill was read the third time, and,
On motion of Mr. Christian,
Was laid on the table for the balance of the session.
The Senate took up the report of the committee of the
whole, on the bill of the House of Representatives, to ligiti-
matize and change the name of Stephen Handley, to that of
Stephen Harris ; the report was agreed to—the bill was
read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to alter and fix the time of holding the
Superior Courts in the Eastern districtt the report was
agreed to—the bill was read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to require the Sheriff and Coroner of the
county of Muscogee, to hold their sales at the market-house,
and to prescribe the amount in which they shall give bond for
the performance of their duty ; the report was amended and
agreed to as amended—the bill was read the third time, and
passed.
The Senate took up the report of the committee of the
whole, on the bill to repeal so much of an act for compen¬
sating the grand and petit jurors of Telfair county, as re¬
lates to the grand jury thereof; the report was agreed to—■
the bill was read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill for the relief of Mrs. Sarah H. Alfriend;
the report was agreed to—the bill was read the third time,
-and passed.
The Senate took up the report of the committee of the
whole, on the bill of tire House of Representatives, to add
a part of the twenty-fifth district of Chattooga county, to
the county of Floyd, and more fully to define and provide^
for the running of the dividing line between the counties of
Chattooga antl Floyd ; the report was agreed to—the bill
was read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bnTToTh^drpDratrr-riie^Iethodist Episcopal
264
Church in Chattooga county, to be called the Broom-Town:
Valley Church, and to appoint trustees for the same ; the
report was agreed to—the bill was read the third time, and
passed.
The Senate took up the report of the committee of the
whole, on the bill to alter and fix the times of holding the Su¬
perior Courts of the counties of Marion, Harris and Stewart,
and to regulate the mode of drawing two pannels and sum¬
moning grand and petit jurors in and for the counties of
Stewart and Talbot, in said counties: the report was agreed
to—the bill was read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to change the time of holding the Supe¬
rior Courts, so far ar relates to the counties of Union, Gil¬
mer, Murray, Walker, and Floyd; the report was agreed
to—the bill read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to extend the corporate limits of the town
©f Forsyth, in Monroe countythe report was agreed to—
the bill was read the third time, and,
On motion, ordered to lie on the table for the present.
The Senate took up the report of the committee of the
whole, on the bill of the House of Representatives, to change
and define the line between the counties of Gwinnett and
DeKalb, so as to include the premises of William Nesbit,
immediately on the line in the county of Gwinnett, on frac¬
tion lot No. 256, in the county of DeKalb ; the report was
agreed to—the bill read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill from the House of Representatives, to re¬
peal an act, entitled an act, to exempt certain persons from
jury and militia duty in the county of Mcintosh, passed 21st
December, 1839 ; the report was agreed to—the bill read
the third time, and passed.
On motion,
The Senate adjourned to 9 o'clock, to-morrow morning*
WEDNESDAY MORNING, December 16, 1810*
The Senate met pursuant to adjournment.
Mr. Dunagan moved to reconsider so much of the Jour¬
nals of yesterday, as relates to the rejection of the bill to
amend an act, entitled atrUcl, mure efffiTa,'dl_y tu secure the
or*1\7r»rir»X7 n f nil thn EnjyVinc Institutions of this State, oassed
265
the 24th day of December, 1832, assented to, the 23d day
of December, 1839, and to prescribe a penalty for any non¬
compliance with the provisions of the same, or of this act.
On which motion, the yeas and nays were required to he
recorded, and are yeas 29, nays 49.
Those who voted in the affirmative, are Messrs.
Adams, Echols of Coweta, Kimzey,
Blackshear, Fryer, Lindsay,
Boggess, Graves, Mays,
Camp, Hamilton, Morris,
Camron, Heffin, Speight,
Chastain, Holmes of Baker, Stapleton,
Cone, Holmes of Houston, Wiggins,
Crosby, Jemeson, Wright,
Diamond, Jones, Young.
Dunagan, Kennon,
Those who voted in the negative, are Messrs.
Beall, Goode, Neal,
Beasley, Gordon, Reeves,
Bishop, Griggs, Reid,
Bostwick, Hammond, Smead,
Bryan of Macon, Harris of Burke, Smith of Bryan,
Bulloch, Harris of Taliaferro,Smith of Twiggs,
Calhoun, Harris of Warren, Spencer,
Carter, Henley, Strickland of Tatt-
Christian, Janes, nail,
Cox, Knight, Strickland of Ware,
Culbertson, Loveless, Swain,
Dawson, Marsh, Thomas,
Echols of Walton, McAfee, Tomlinson,
Floyd, McConnell, Vincent,
Glover, McDonald, Waldhour,
Godard, Minter, Williamson.
Gonder, Moore,
So the Senate refused to reconsider.
Leave of absence was granted to the Senators from Ogle¬
thorpe, Ware, and Pike, for the balance of the session, after
the 19th instant.
Also—to the Senator from Randolph, after to-morrow, in
consequence of the sickness in his family.
Mr. Bostwick laid the following resolutions on the table :
Resolved, That the Commissioners of the Western and
Atlantic Rail Road, be requested to inform the Senate, if
the engineers employed on said Road have taken the oath
that they would not engage in speculations on the ^Road, as
required by the act of 1838, and when they took it; if any
have neglected to take the oath, and who ; if they or any of
them have bcoir-dismissed on account of such neglect.
266
Resolved, That the Commissioners of the Western and
Atlantic Rail Road be instructed to inform the Senate, how
much of the Road constitutes a residency, how many engi¬
neers and hands attached to the engineer corps, are em¬
ployed on each residency, and what duties they perform.
Mr. Gordon moved to lay the resolutions on the table for
the balance of the session.
On which motion, the yeas and nays were required to be
recorded, and are yeas 41, nays 44.
Those who voted in the affirmative, are Messrs.
Beasley, Gonder, Neal,
Bishop, Goode, Reeves,
Blackshear, Gordon, Reid,
Boggess, Guess, Smead,
Bryan of Macon, Hammond, ' Spencer,
Calhoun, ' Harris of Burke, Strickland of Tatn'l.
Carter, Harris of Taliaferro,Strickland of Ware,
Christian, Harris of Warren, Thomas,
Cox, Henley, Tomlinson,
Creach, Janes, Waldhour,
Dawson, Kennon, Williams,
Echols of Walton, Marsh, Williamson,
Floyd, Miller, Wiggins.
Godard, Minter,
Those who^voted in the negative, are Messrs.
Adams, Graham, McDonald,
Beall, Graves, Moore,
Bostwick, Griggs, Morris,
Bulloch, Hamilton, Rainey,
Camp, Heffin, Robertson,
Camron, Holmes of Baker, Smith of Twiggs,
Chastain, Holmes of Houston,Speight,
Cone, Jemeson, Stapleton,
Conner, Jones, Swain,
Crosby, Kimzey, Vincent,
Culbertson, Knight, Warthen,
Diamond, Lindsay, Watters,
Dunagan, Loveless, Wright,
Echols of Coweta, Mays, Young.
Glover, McAfee,
The Senate refused to lay on the table.
The resolutions were then read, and agreed to.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk :
Mr. President:—The House of Representatives have pass-
ed the following bills:
267
A bill to alter and amend an act, to compensate grand
and petit jurors of the several counties herein named, and
to provide for the payment of the same, as far as relates to
the county of Scriven, assented to, 23d December, 1837,
and for other purposes therein mentioned.
A bill to repeal an act to incorporate the Bank of Darien,
passed the 15th December, 1818 ; and also, an act to extend
the charter of the Bank of Darien, and the acts now in
force amendatory thereto, passed the 19th December, 1834,
and to provide for the settlement of the affairs of said Bank.
A bill to repeal an act to add a part of Newton county
to Jasper county, assented to, 22nd December, 1834; and
also, to transfer certain suits from the county of Jasper, to
the county of Newton.
They have also passed the following bills of the Senate.
A bill to incorporate an Academy in the city of St. Marys,
Camden county; also, to incorporate an Academy in the
county of Cobb, and to appoint trustees for the same.
A bill to incorporate the several Academies herein named,
and to appoint trustees for the same, and to confer certain
rights and privileges upon the same.
A bill to repeal so much of an act to compensate the
grand and petit jurors of certain counties therein mentioned,
so far as relates to the county of Emanuel, assented to, 23d
December, 1837.
A bill to create and establish a free system of education by
common schools, in the county of Bulloch.
A bill to regulate slaves and free persons of color in the
counties of Mcintosh and Liberty, assented to, December
21st, 1839.
A bill to consolidate the offices of receiver of tax returns
and tax collectors of this State, so far as relates to the coun¬
ties of Montgomery, Macon, and Clark.
A bill to authorise William B. Dudley, of the county oi
Elbert, to establish a ferry across Broad River, on his own
land, and regulate the rates of ferriage thereof, and to regu¬
late the rates of ferriage of Henry E. Nash's ferry, on said
river.
A bill to consolidate the offices of tax collector and re¬
ceiver of tax returns, so far as relates to the county of Ap-
pling.
A bill to make permanent the site of public buildings anc
seat of Justice for the county of Gilmer, in the town o
Ellijay, and to incorporate the same.
A bill to add the residence of John Mulkey, of the count]
of Houston, to the county of Macon.
A bill authorising the Sheriffs of Lincoln county, to inser
their advertisements in one of the newspapers published h
the city of Augusta, or in any newspaper published withi]
the Northern Judicial Circuit.
268
A bill to incorporate the Upson Riflemen, and to give to
the members thereof, certain privileges.
A bill to incorporate the Oxford Female Academy in the
county of Newton, and appoint trustees for the same.
A bill to extend the corporate limits of the town of Mc
Donough, in the county of Henry, and to confer upon the
commissioners of said town, the right of assessing taxes
upon the citizens thereof, or the performance of road duties,
as the commissioners may deem expedient.
A bill to amend the act incorporating the Bank of Mil-
ledgeville, with banking and insurance privileges, located at
Milledgeville, and to change the name of said Bank.
A bill to exempt James (.Hall, Senior, of Irwin county,
from the several provisions of the acts of the General As¬
sembly concerning pedlers, and to authorise him to engage
in that business without license.
A bill to authorise John J. Dodd, of the county of Floyd,
to establish a ferry across the Oostenauly River, on his own
land.
A bill to authorise the Justices of the Peace of the several
districts within the corporate limits of the city of Macon,
Bibb county, to hold their courts in the court-house of said
county, and to authorise the Justices of the Peace to require
costs to be paid or secured before suits are commenced.
A bill to compensate grand and petit jurors in the county
of Ware, and to authorise the Justices of the Inferior Court
3f said county, to levy an extra tax to pay said jurors.
A bill to alter and amend the road laws of this State, so
far as relates to the county of Montgomery.
A bill for the relief of Felix Arthur, of Cass county.
A bill to confirm the purchase of the bridge across the
savannah River, at Augusta, &c., with amendments.
A bill to change the name of William J. Emswiler, to
hat of William J. Reeves ; to change the name of John
Thomas Richardson, of Stewart county, to that of John
Thomas Smith ; to change the name of William Wesley
leath, to that of William Wesley Lanier; and to change
he name of Lemuel Stokes Oneal, to that of Lemuel Stokes
iiockhart, with amendments.
A bill to authorise to Justices of the Inferior Court, so far
,s respects the counties of Wilkinson and Floyd, to levy an
xtra tax for county purposes, with an amendment.
A bill to change the names of persons therein named, and
d legitimatise the same, with amendments.
A bill to authorise Overseers of Roads for Chattooga
nd Rabun counties, to appoint warners, and to define their
uties, with an amendment.
To all of which, the concurrence of the Senate is re-
pectfully desired.
269
The Senate took up the report of the committee of the
whole, on the bill to make penal the issuing of change-bills
without legislative authority, and to provide for the punish¬
ment of the same ; 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 25, nays 54.
Those who voted in the affirmative, are Messrs.
Boggess,
Camp,
Camron,
Chastain,
Cone,
Diamond,
Dunagan,
Graham,
Guess,
Hamilton,
Jemeson,
Kimzey,
Lindsay,
Loveless,
Mays,
McAfee,
McConnell,
Morris,
Rainey,
Robertson,
Smith of Twiggs,
Speight,
Swain,
Watters,
Young.
Those who voted in the negative, are Messrs.
Beall,
Beasley,
Bishop,
Blackshear,
Bryan of Macon,
Bulloch,
Calhoun,
Carter,
Christian,
Cox,
Creach,
Crosby,
Dawson,
Echols of Coweta,
Echols of Walton,
Floyd,
Fryer,
Glover,
Godard,
Gonder,
Goode,
Gordon,
Graves,
Griggs,
Hammond,
Harris of Burke,
Moore,
Neal,
Reeves,
Reid,
Smead,
Spencer,
Stapleton,
Harris Of Taliaferro,Strickland of Tatt-
Heflin,
Henley,
Holmes of Baker,
Jones,
Kennon,
Knight,
Marsh,
McDonald,
Miller,
Minter,
nail,
Strickland of Ware,
Thomas,
Tornlinson,
W aldhour,
Warthen,
Williams,
Williamson,
Wiggins,
Wright.
So the bill was lost.
Leave of absence was granted to the Senator from Cass,
for the balance of the session, after Monday next.
The Senate took up the report of the committee of the
whole, on the bill to revise, amend and consolidate the rules
for the government and police of the Penitentiary of the
State of Georgia; the bill was reported with amendments J
the report was agreed to as amended—the bill was read the
third time, and passed under the title thereof.
270
The Senate took up the report of the committee of the
whole, on the bill to repeal an act, entitled an act, to alter
and amend an act, more effectually to secure the solvency of
all Banking Institutions in this State, as passed on the 24th
December, 1832, passed the 21st December, 1833 ; the re¬
port was agreed to—the bill was read the third time, and
passed.
The following resolution was taken up, and agreed to.
Resolved, by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That his Ex¬
cellency, the Governor, be, and he is hereby requested,
to have printed for the use of the next General Assembly,
and before the session, five hundred copies each of the
several bank reports for October, 1841, and three hundred
and fifty copies each of the Treasurer's and Comptroller
General's reports for said year.
Resolved further, That the public printer be, and he is
hereby directed, not to print with the Acts or Journals of
the present session any document, unless specially directed
so to do by resolution of the General Assembly, or one of
the branches thereof.
The Senate took up the following report of the House of
Representatives, which was read, and concurred in.
From the documents referred to the committee, with said
petition, the following facts are made manifest. In the
land lottery, authorised by the act of 1825, Mary Ann Blue
drew lot No. 124, in the 21st district of originally Muscogee
county ; and on the 18th of July, 1828, the said Mary Ann
Blue having ascertained that she was not entitled to a draw
in said lottery, relinquished to the State her title to said lot
of land. By an act of the Legislature, the lot of land was
directed to be sold at public outcry, by the Sheriff of Harris
county; and in the year 1830, was sold in pursuance of
said act, to the said William C. Osborne, for the sum of five
hundred dollars ; and on the 9th of November, 1836, a
grant issued to the said William C. Osborne, for the lot
aforesaid. The documents further prove, that, by a reso¬
lution of the Legislature passed in 1833, the number of said
lot of land was placed in the lottery; whereof the land lot¬
tery, authorised by an act of the Legislature of that year,
and drawn by William James Wag, of Liberty county, and
granted to him in the year 1835. It therefore appears, that
the said William James Wag instituted his action of eject¬
ment for the recovery of said lot of land, and by the judg¬
ment of the Superior Court of Harris county, did recover
the same, whereby the title granted by the State to the said
William C. Osborne, was set aside and annulled.
From these facts, your committee are of opinion, that the
rights of the said William C. Osborne to relief, is clear, and
should not be withheld by the Legislature.
271
The question presents itself, to what extent shall this re¬
lief'be afforded.
It was in proof before the committee, that in 1836, the
said William C. Osborne sold said lot of land to Ruben Al¬
lison for one thousand dollars, and is now liable, on his
warranty in the deed, to said Reuben Allison, and that the
said Allison has made valuable improvements on said lot
since the date of his purchase. It was also certified to the
committee, by four disinterested and respectable gentlemen
of Harris county, that said lot of land is now worth sixteen
hundred and twenty-five dollars. It was also in proof be¬
fore the committee, that the said William C. Osborne had
expended in Court cost and Attorney's fees, the sum of one
hundred and eighty-nine dollars in defending his title.
Your committee being of the opinion, that the State should
pay the value of the lot of land, and the expenses of de¬
fending said suit, recommend the adoption of the following
resolution :
Resolved, That the sum of eighteen hundred and fourteen
dollars be allowed, and paid to William C. Osborne, out of
any monies not otherwise appropriated, as a remuneration
for the loss of lot of land No; 124, in the 21st district of
originally Muscogee, now Harris county, which was sold
and granted to him by the State, and that this amount be
inserted in the appropriation act.
Mr. McDonald from the select committee, made the fol¬
lowing report:
The committee to whom was referred the petition and
accompanying letter, and remonstrances of several citizens
of Mcintosh county praying to be annexed to the county of
Liberty, have had the same under consideration. We find
the citizens of the part required to be so annexed, divided
among themselves, a part being averse to the change. It is
also known to your committee, that attempts have been
frequently made heretofore, to annex that, and other parts of
Mcintosh, to Liberty, and as often refused by the Legislature.
Your committee therefore ask to be discharged from a
further consideration of this matter.
ra. , n. j. Mcdonald,
[Signed,] w N> BISH0P#
The minority of the committee believe the petition reason¬
able, and that it should be granted.
[Signed,] S. SPENGER, minority.
The Senate took up the report of the committee of the
whole, on the bill to require the Commissioners of the West¬
ern and Atlantic Rail Road so to arrange, as that, at least,
one of them shall be always on the road personally super¬
vising the engineers and contractors.
272
Mr. Dunagan offered the following amendment:
And be it further enacted, That the said Commissioners
shall not permanently fix any depot on said road, until they
shall be further directed by the Legislature.
On the question to agree to the amendment, the yeas and
-nays were required to be recorded, and are yeas 17, nays 60.
Those who voted in the affirmative, are Messrs.
Beall, Hamilton, Mays,
Bostwiek, Jemeson, Morris,
Chastain, Jones, Reeves,
Cone, Lindsay, , Speight,
Crosby, Loveless, Watters.
Dunagan, Marsh,
Those who voted in the negative, are Messrs.
Beasley,
Bishop,
Blackshear,
Boggess,
Bulloch,
Calhoun,
Camp,
Camron,
Carter,
Christian,
Conner,
Cox,
Creach,
Culbertson,
Dawson,
Diamond,
Echols of Coweta,
Echols of Walton,
Floyd,
F ryer,
Glover,
Godard,
Goode,
Gordon,
Graham,
Guess,
Harris of Burke
Harris of Taliaferro,Spencer,
Harris of Warren, Stapleton,
Heflin, " " "" "
Neil,
Rainey,
Reid,
Robertson,
Smead,
Smith of Twiggs,
Henley,
Janes,
Kennon,
Kimzey,
Knight,
McAfee,
McConnell,
McDonald,
Miller,
Minter,
Moore,
Strickland of Tatt¬
nall,
Strickland of Ware,
Swain,
Thomas,
Vincent,
Waldhour,
Warthen,
Williams,
Williamson,
Wiggins,
Young.
So the amendment was rejected.
The report was then agreed to, and the bill read the third
time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to regulate the issue of post-notes by the
banks of this State, and to repeal all acts prohibiting the
issue of such notes.
Mr. Calhoun offered a substitute to the bill, which waS1
received.
Mr. Dunagan offered the following as an additional sec¬
tion to the substitute.
And be it further enacted, That the said banks that may
■273
issue any such post-notes, shall be required to pay eight per
cent, interest per annum from the date thereof on said notes,
which condition shall be expressed in the face of said notes.
On the question to agree to the additional section, the
yeas and nays were required to be recorded, and are yeas
28, nays 46.
Those who voted in the affirmative are Messrs.
Blackshear,
Glover,
McAfee,
Camp,
Graves,
Rainey,
Canaron,
Guess,
Robertson,
Chastain,
Hamilton,
Smith of Twiggs,
Conner,
Heffin,
Stapleton,
Crosby,
Jemeson,
Strickland of Tatt¬
Diamond,
Kimzey,
nall,
Dunagan,
Lindsay,
Swain,
Echols of Coweta, Loveless,
Young.
Echols of Walton,
Mays,
Those who voted in the negative, are Messrs.
Beall,
Gordon,
Morris,
Beasley,
Graham,
Neal,
Bishop,
Griggs,
Reid,
Boggess,
Bostwick,
Hammond,
Smead,
Harris of Burke,
Spencer,
Bulloch,
Harris of Taliaferro, Strickland of Ware.
Calhoun,
Harris of Warren,
Thomas,
Carter,
Henley,
Tomlinson,
Christian,
Janes,
Vincent,
Cox,
Jones,
Waldhour,
C reach,
Kennon,
Warthen,
Culbertson,
McConnell,
Watters,
Dawson,
Miller,
Williams,
Floyd,
Minter,
Williamson,
Fryer,
Moore,
Wiggins.
Goode,
So the section was rejected.
Mr. Echols, of Walton, offered a substitute to the whole
biil.
Mr. Gordon offered an additional substitute, and called
for the previous question, which was sustained.
The bill was then 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 40, nays 39.
Those who voted in the affirmative, are Messrs.
Beasley, Bryan of Macon, Carter,
Boo^ess, Bulloch, Christian,
Bostwick, Calhoun, Conner,
18
274
Cox,
C reach,
Dawson,
Floyd,
Goode,
Gordon,
Griggs,
Hammond,
Harris of Burke,
Holmes of Baker, Smead,
Janes,
Jones,
McConnell,
McDonald,
Miller,
Minter,
Moore,
Neal,
Spencer,
Strickland of Ware,
Thomas,
Tomlinson,
Vincent,
Waldhour,
Warthen,
Williams,
Wiggins.
Harris of Taliaferro Jteid,
Henley,
Those who voted: in the negative, are Messrs.
Beall, Graham, McAfee,
Blackshear, Graves, Rainey,
Camp, Guess, Reeves,
Camron, Hamilton, Robertson,
Chastain, Harris of Warren, Smith of Twiggs,
Crosby, Heflin, Speight,
Culbertson, Holmes of Houston,Stapleton,
Diamond, Jemeson, Strickland of Tatt-
Dunagan, Kimzey, nail,
Echols of Coweta, Lindsay, Swain,
Echols of Walton, Loveless, Watters,
Glover, Marsh, Williamson,
Godard, Mays, Young.
So the bill passed.
The following communication was received from his Ex¬
cellency the Governor, by Mr. Harris, his Secretary
Executive Department, )
Milledgeville, 16th Dec. 1840. )
I have the honor to transmit to the Senate, in compliance
with the request contained in their resolution of the 14th
instant, the correspondence of Solomon Jennings, Senior, re¬
lating to the apprehenson of David Patton, a fugitive from
justice. I also send a copy of the authority under which he
was demanded and brought to Georgia; the agent was ap¬
pointed at the instance of Mr. Jennings.
[Signed,] CHARLES J. McDONALD.
On motion,
The Senate adjourned to 3 o'clock, this afternoon'.
275
Three O'clock, P. M.
The Senate met pursuant to adjournment.
Mr Calhoun, Chairman of the Committee on the State of
the Republic, made the following report:
The committee to whom were referred the several messa¬
ges of his Excellency, the Governor, with the accompanying
documents, relative to the difficulties existing between this
State and the State of Maine, and the State of Virginia and
the State of New York, growing out of the abduction of
certain slaves by citizens of the said States of Maine and
New York—have had the same under consideration, and
report, that they consider the question now at issue, one of
vital importance to the slave-holding States—one which
never can be abandoned by them—one which admits of no
compromise—upon which argument, if it were necessary,
has been exhausted, and which demands the prompt and
efficient co-operation of the States interested.
They therefore recommend the adoption of the following
resolutions, to wit:
Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That his Excellency,
the Governor, be, and he is hereby requested, to continue
his correspondence with the Governor of Virginia, and to
open a correspondence with the Governors of the other
slave-holding States, with the view of devising some plan or
remedy whereby the wrongs now existing, may be redressed,
and like injuries provided against for the future.
Resolved, That his Excellency, the Governor, be, and he is
hereby requested, if it shall become necessary, to carry into
effect any plan of operations devised as aforesaid, to con¬
voke the General Assembly for that purpose.
Mr. Gordon offered the following :
The minority of the Committee on the State of the Re¬
public, to which was referred the several communications
of his Excellency, the Governor, relating to his corrrespon-
dence with our Representatives in Congress, on the resolu¬
tions of the Legislature of 1839, recommending an amend¬
ment of the act of Congress, made to carry into effect that
part of the Constitution which requires the surrender of
fugitives from justice, and the correspondence between the
Governors of New York and Virginia, and the action of the
Legislature of Virginia on a demand made under that act
of Congress, by the latter on the former State, respectfully
report:
That they regard the subject of the resolutions of the
Legislature of 1839, as one of vast importance, involving
in its decisions the principles on which the intercourse be¬
tween the States is to be maintained, and also the determi-
276
nation of the question whether the General Government is
not bound to perform all obligations newly created by the
Constitution, not resting on the States as independent sove¬
reignties by the laws of nations before the adoption of that
instrument, and not imposed by it on the States. These
resolutions could be carried out by our Representatives in
Congress only. They have declined, for the reasons as¬
signed by them, to act on the wishes of the Legislature.
His Excellency, the Governor, remains of opinion, that
the only peaceful manner in which the provisions of the
Constitution under consideration can be carried into effect,
is this Congress, and in the manner expressed in the resolu¬
tions of 1839 ; and your committee coincide with him in
opinion. The provisions of the Constitution which gave
rise to the resolution, does not require the States to deliver
fugitives from justice; and this duty cannot be imposed
on them without the exercise of implied powers, which have
ever been denied to Congress by Georgia. Congress cannot
be considered as violating the territorial rights of any State,
by requiring of the officers of the General Government in
those States, to discharge its legitimate constitutional obli¬
gations, of which the delivery of fugitives from justice,
upon the demand of the Executive authority of the States
from which they fled, is one. The Governors of the seve¬
ral States not being functionaries of the General Govern¬
ment, fire not bound to execute, except at their own pleasure,
any power imposed on them by an act of Congress ; for a
refusal, they are not amenable to its authority. Your Com¬
mittee cannot but recur to the case which suggested the
defect in that act of Congress. It is known to be the re¬
fusal of the Governor of Maine to deliver up on demand of
the Governor of Georgia, certain iudividuals charged first,
by affidavit, and then by bill of indictment, with having
committed offences against the laws of this State. In 1837,
the Legislature of this State directed the Governor to repeat
the demand heretofore made, and if it were still resisted or
evaded, that he should call a convention to take into con¬
sideration the State of the Commonwealth of Georgia, to
devise the course of her future policy, and to provide the
necessary safeguards for the protection of the rights of her
people. Had this been done, the Representatives of the
people, charged alone with the consideration of this subject,
and elected with a single view of expressing the will of the
people on it, would have assembled, and from their wisdom
and moderation, some effective scheme of redress might
have been devised, or the resort to the ultimo ratio have been
resolved by the proper authority. Such convention was not
called. Each succeeding Legislature has had the subject
under consideration, and the difficulties of solution are rather
increased than diminished. Your committee repudiate the
277
Idea of any temporising, or other measures, which, whilst it
violates the spirit, letter and intent of the Constitution, pro¬
fesses to remain within its pale, and considers that a quaran¬
tine regulation, which would operate only on vessels from
Maine, is one of this character, and would rather, if the
exigency require it, at once come to the declaration, that
Georgia is released from the obligation of the Constitution,
by this open violation of the compact by Maine. But look¬
ing to the consequences of such a declaration, and believing
that the justifying exigency has not yet occurred, your com¬
mittee would recommend that this General Assembly reiter¬
ate the resolutions of that of 1839, and earnestly request our
Representatives to act on them.
In relation to the correspondence between the Executive
of New York and Virginia, on a similar subject, your com¬
mittee want words to express their indignation at the sub¬
terfuge under which the Governor of New York seeks to
protect himself from the performance of that which had
been theretofore uniformly considered a duty by the respec¬
tive Governors of the several States. The fallacy of his
arguments is so strongly shown by the reasoning of the
Governors of Virginia and Georgia, as to need no comment
by your committee.
The Governor of Virginia relies with confidence on the
co-operation of Georgia, in any proper means adopted by
that State to enforce her rights > and your committee recom¬
mend that his Excellency, the Governor of Georgia, be
authorised and requested by this General Assembly, to con¬
tinue his correspondence with the Executive of Virginia, and
to pledge to that gallant State, the assurance that Georgia
has calculated the value of the Union, and whilst she avows
it to be inestimable when enjoyed without dishonor, and with
a due regard by her sister States to her rights, she is never¬
theless walling and determined to forego all its blessings,
rather than preserve it by a loss of her honor, or a sacrifice
of her constitutional rights ; and that, necessarily affected by
the position of Virginia, (from coincidence of feeling and
interest,) she will co-operate in any necessary and proper
measure of redress which Virginia may be forced to adopt.
Mr. Calhoun, Chairman, also made the following report:
The Committee on the State of the Republic, to whom
were referred the resolutions of the General Assembly of
the State of Vermont, in relation to the Presidency of the
United States, have had the same under consideration, and
concurring entirely in the views expressed by the said Gen¬
eral Assembly, report, and recommend the passage of the
following resolutions, viz:
Resolved by the Senate and House of Representatives of the State
of Georgia, in General Assembly met, That the Senators and
Representatoes_oLthe State of Georgia in the Congress of
278
the United States, be, and they are hereby requested, to use
their best endeavors to procure such an amendment of the
Constitution of the United States, as will restrict the eligi¬
bility of the President of the United States to a single
term.
Resolved, That his Excellency, the Governor, forward a
copy of tthe foregoing resolution to each of our Senators and
Representatives in Congress, and also to the Executive of
each State in the Union, to be laid before their respective
Legislatures for their co-operation in obtaining said amend¬
ment.
The committee to whom were referred so much of the
Governor's communication, with the accompanying docu¬
ments, relative to a convention held in the British metropolis,
have had the same under consideration, and beg leave to
report:
That they consider the object of said convention so far as
it was intended to affect the views of the slave-holding States
of this Union, touching their domestic institutions, calculated
to inspire feelings of greater surprise than alarm—resting
under the belief, as your committee does, that the motives of
said convention were prompted by a sense of misguided zeal
and false philanthropy.
Your committee would forbear commenting upon the opin¬
ions and suggestions expressed by said convention, but they
cannot withhold their astonishment when fanaticism so far
oversteps the bounds of caution, as to quote from holy writ,
maxims intended as reproof to the conduct and motives of
others, which carry in their application the very spirit of
condemnation to themselves ; for if, as averred by said con¬
vention, slavery be indeed a sin, involving all the moral
turpitude connected with its existence, then well might your
committee in return, remind said convention of another pre¬
cept inculcated by the same inspired volume, and equally
salutary in its practice, to wit—"First cast the beam from
thine own eye, then shalt thou see clearly to cast the mote
out of thy brother's eye for is it not a fact, as noted as it
is deplorable, that millions of the subjects of those very
nations which assembled thus in convention, to read unto
others homilies of reformation upon moral and political gov¬
ernment, are held in bondage more degrading, abject, and
servile, than the race whose lot they seem to deplore with a
zeal preferable only to a spirit of intolerance, bigotry, and
superstition.
With these views, your committee are of opinion, that no
farther notice should be taken of the proceedings of said
convention. It will be time enough for the State of Georgia
to speak and act upon this subject, whenever she shall con¬
ceive that her rights are endangered, or her laws violated.
But your committee agree in due opinion expressed by his
279
Excellency, that it is a matter of deep regret that a citizen
owing allegiance to this country, and a member of the Con¬
gress of the United States, sworn to act in obedience to the
Constitution and laws of this Union, should so far have dis¬
graced his high station, as to have become the pliant tool of
fanaticism by a shameful abuse of his franking privileges, in
forwarding to the Executive Department of this State, docu¬
ments containing statements violative of the very letter and
spirit of that Constitution which he had sworn to maintain,
support, and defend.
Mr. Echols, of Walton, Chairman of the Select Commit¬
tee, to whom was referred the Governor's communication in
answer to a resolution of the Senate, calling on him for his
views and recommendations in relation to the course neces¬
sary for the Legislature to pursue in order to afford such
temporary relief to the people of this State as the emergency
of the times demand, beg leave to report the following bill,
to wit:
A bill to authorise the sale of certificates of State debt,
by his Excellency, the Governor of this State, and to place
the proceeds of the sale thereof in the Central Bank of
Georgia, to be loaned out by the directors thereof, under
certain restrictions, and to provide a permanent fund for the
redemption of the principal and interest accruing on said
bonds ; which was read the first time.
Mr. Miller from the minority of the Select Committee, to
whom was referred the message of his Excellency, the Gov¬
ernor, in relation to the adoption of some constitutional meas¬
ure of relief to the people, from the calamitous consequences
of an unprecedented failure of the cotton crop, begs leave to
report the following:
The Select Committee to whom was referred the message
of his Excellency, the Governor, in relation to the adoption
of some constitutional measure of relief to the people, from
the calamitous consequences of an unprecedented failure of
the cotton crop, have had the same under consideration, and
beg leave to report as follows:
They entirely concur in opinion with his Excellency, that
" the suspension of the operation of the law would infringe
a wholesome provision of the Constitution, and violate the
morality of private contracts." But they are of opinion
that " the sale of State bonds, and the deposite of the pro¬
ceeds in the Central Bank," to be lent to the people, would
not, in time, if at all, operate to their relief. His Excellency,
in his annual message, said " it is impossible, and perhaps
inconsistent with the principles of sound policy, for the Gov¬
ernment to undertake to protect the citizen from the conse¬
quences of imprudence or miscalculation. A reliance of
this sort would beget a dependence destructive of individual
enterprise, engender and cherish habits of reckless specula-
2S0
lion, and foster a spirit of indifference to active and indus¬
trious pursuits, hostile to the welfare of society." And be¬
cause our fellow citizens have miscalculated and been dis¬
appointed in relation to the cotton crop, (a fact well known
to many of us before the session of the Legislature,) his Ex¬
cellency now recommends that very course which he con¬
sidered impossible and inconsistent with the principles of
sound policy, aud a reliance upon which, in his opinion,
tended to produce hostility to the welfare of society. Con¬
curring with his Excellency, in the views expressed in his
first message, as above stated, we cannot approve of the
departure from them recommended in his last. His Excel¬
lency, in the first message, recommended the Sub-Treasury
scheme because it wrested from the hands of the Executive,
all the patronage they wielded through the deposite banks,
their stockholders, and debtors—" because it could bestow
no favors, and purchase no influence." Can he recommend
the scheme now proposed by him, on the same grounds ?
Hoes not every one perceive that the very arguments he ad¬
vances in support of the favorite measure of the present
administration of the General Government, are destructive to
the favorite measure of his Excellency ? Besides, how can
the bonds of the State be negociated for the purpose of lend¬
ing the proceeds, when the bonds now authorised by law
cannot be negociated for the purpose of completing the
Western and Atlantic Rail Road—a great work of internal
improvement, from- which the State expects to derive an
income. His Excellency draws a distinction between the
debtor who has speculated, and the debtor who has not,
which we can duly appreciate ; but we apprehend that it
will be impossible for the directors of the Central Bank to
apply the distinction in their distributions—and that the
speculators would be more benefitted by the sale of the
bonds and distribution of the proceeds, than the other class
of debtors.
It appears from the last report of the Central Bank, that
the loss to the State by its operations since it was incorpo¬
rated, up to the present time, is probably $300,000—enough
in the opinion of the committee, to be paid for the experi¬
ment, (which that Institution certainly was,) and, they fear,-
will not be the only cost of the experience of the system by
the State, especially if his Excellency's measure be carried
out. And if the management which has characterized that
Institution for some years past, with few exceptions, be con¬
tinued under the operation of the system proposed by his
Excellency, they feel assured that the faith and credit of
the State can only be fully sustained, if at all, by onerous
taxation, for the purpose of meeting her engagements. If
we have any regard for the morality of public contracts, we
should apply the resourceand^energ ii1 smuf" the "Slate to
281
the performance of what she has undertaken, and not by the
adoption of the plan proposed, place her in a situation in
which it may be truly said, that she has used her sovereign
power to contract debts, and pleads her sovereignty in bar
of the creditors demands.
The committee being fully impressed with the belief that
the measure proposed by his Excellency, is not expedient,
ask to be discharged from the further consideration of the
same.
The President of the Senate laid the following report on
the table:
Han. Thomas Stocks,
President of the Senate :
Sir : A resolution of the Senate has this day been placed
in my hands, requesting the Commissioners of the Western
and Atlantic Rail Road to inform the Senate what was the
expenses of the agent sent to the North, and to Europe, to
negociate State bonds ; and also, another resolution instruct¬
ing the Commissioners to inform the Senate, how many
engineers have been dismissed under the act of 1838, and
when they or each of them was dismissed.
In the absence of the other members of the Board of
Commissioners, to whom the above resolutions have been
directed, I have thought it my duty as a member of the
Board, to afford such information to the Senate, on the sub¬
jects to which their several resolutions relate, as I am at this
moment in possession of—not having with me at this place
the records of the office of the Commissioners. This re¬
sponse to the resolutions of the Senate, must not be consid¬
ered as emanating from the Board, but offered on my indi¬
vidual responsibility.
In answer, therefore, to the first resolution, I have to re¬
mark, that a special agreement in relation to the compensa¬
tion of the agent referred to, was drawn up, and agreed to,
by his Excellency, Governor Cilmer, during his administra¬
tion, and a majority of the Board of Commissioners on the
one part, and the agent of the other part.
It has not been convenient up to the present time, for the
Governor, and a majority of the Board of Commissioners,
and the agent, to meet for the purpose of making a final
settlement of this matter. It is, therefore, not ascertained
what the precise amount of compensation may be ; but as
there is a special contract in reference to it, it is believed
that no difficulty can arise in making the settlement.
The answer to the enquiries contained in the second reso¬
lution of the Senate—I beg leave to inform the Senate, that
no dismissal of engineers have taken place since I have been
a member of the Board; nor from an examination of the
minutes of the Beard hcretoforejnadc, do I recollect of any
282
dismissal since the passage of the act of 1838, except that
of Major William S. Brown, resident engineer.
It may be proper for me to remark, that the present Board
has frequently urged the subject of a reduction of the engi¬
neer corps, on the" attention of the former and present Chief
Engineer; but that officer has as often assured the Board,
that no reduction could be made without injury to the service.
I would also add, that the engineer corps has been very
considerably reduced since the. passage of the act of 1838,
by death, and resignation ; and that at the only time that it
seemed practicable to reduce it by dismissal, without injury
to the service. That corps was suffering so much from the
prevailing sickness in the region of the road during the last
summer, that it was deemed by the Board to be imprudent
to require the dismissal of any of the corps.
Since my arrival in this place, I have been advised of the
intention of three of the corps, (and among whom is one
of the resident engineers,) to resign at an early day. When
this shall happen, it may be feared that the corps will be
too greatly reduced for the advantage of the work.
Regretting that I cannot, for the reasons stated, answer
the enquiries of the Senate more specifically, the under¬
signed would, through you, tender to the Senate the fore¬
going, as affording all the information required, that he is
now able to afford, and which is respectfully submitted.
JAMES LIDDELL,
Commissioner TV. c)' A. II. R.
16th Dec. 1840.
Mi. Cone from the Committee on Enrollment, made the
following report, to wit:
The Committee on Enrollment reports as duly enrolled,
and signed by the Speaker of the House of Representatives,
An act to amend the act incorporating" the Bank of Mil-
ledgeville with banking and insurance privileges, located at
Milledgeville, and to declare the name of said Bank.
The Senate took up the report of the committee of the
whole, on the bill to incorporate a volunteer corps of Rifle¬
men in the city of Augusta, &c. ; the report was agreed to
—the bill read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to extend the time for fortunate drawers
in all the land lotteries, and in the gold lottery, to take out
their grants ; the report was amended and agreed to.
The bill was read the third time, and on the question,
Shall this bill now pass ? the yeas and nays were required
to be recorded, and are yeas 40, nays 39."
Those who voted in the affirmative, are Messrs.
Adams, Beasley, Blackshear,
Beall, Bishop
283
Bryan of Macon,
Calhoun,
Camp,
Camron,
Conner,
Cox,
Creach,
Glover,
Gonder,
Gordon,
Guess,
Hamilton,
Hammond, Rainey,
Harris of Burke, Smead,
Holmes of Houston,Smith of Twiggs,
Jones
Knight,
Marsh,
McAfee,
McConnell,
McDonald,
Miller,
Minter,
Speight,
Spencer,
Strickland of Ware,
Thomas,
Watters,
Williams,
Williamson,
Wright.
Those who voted in the negative, are Messrs.
Carter,
Griggs,
Reeves,
Chastain,
Harris of Taliaferro,Reid,
Christian,
Harris of Warren, Robertson,
Cone,
Heflin,
Smith of Bryan,
Crosby,
Henley,
Stapleton,
Culbertson,
Jemeson,
Strickland of Tatt¬
Diamond,
Kimzey,
nall,
Dunagan,
Lindsay,
Swain,
Echols of Walton,
Loveless,
Tomlinson,
Floyd,
Mays,
Vincent,
Godard,
Moore,
Waldhour,
Goode,
Morris,
Wiggins,
Graham,
Neal,
Young.
Graves,
So the bill passed.
Mr. Williamson, Chairman of the Committee on the Judi¬
ciary, made the following report; which was taken up, read,
and agreed to, viz :
The Joint-Standing Committee on the Judiciary, to whom
was referred the resolution of the Senate, with regard to the
effect of the act of 1838, amendatory of the act of 1837,
establishing a system of education by common schools, upon
the claims of teachers of poor children for the year 1838,
beg leave to report:
That we are of the opinion, that the arrearages referred
to, and provided for, in the twenty-first section of the act of
1837, were such as were due previous to the passage of
that act—and that there is no law authorising the payment
of the common school fund of 1838, to any other, than such
debts to teachers as have been incurred under and in strict
conformity with the provisions of the common school acts of
1837, and 1S38.
Also—made the following report; which, on motion, was
laid on table for the present, viz :
The Joint-Standing Cnmmitteeon the Judiciary, to whom
284
was referred the subject of the memorial of the city council
of Columbus, beg leave to report:
That they have examined the papers in relation thereto,
and on file in the Executive Department, and the law pre¬
scribing the manner of its expenditure, a.nd have come to
the conclusion, that manifest injustice would be done to
Colonel Asa Bates, by complying with the prayer of the
memorialists. They have also examined Colonel Bates's
contract, and the evidence submitted, to prove that he has
faithfully complied with its terms, and deem it sufficient to
authorise him to receive the remainder of the appropriation.
The committee are of the opinion, that it is impracticable
and would be unjust to require further evidence in support
of his claim, and therefore submit the following resolution:
Resolved, That his Excellency, the Governor, be, and he
is hereby authorised, to draw his warrant upon the treasury,
in favor of Asa Bates, for the sum of four thousand four
hundred and sixty-two dollars and fifty cents, the balance of
an unexpended appropriation for the improvement of the
Chattahoochee River, made in the years 1835 and 1836.
The Senate took up the report of the committee of the
whole, on the bill to repeal an act, entitled an act, to incor¬
porate the town of Springfield, in the county of Effingham,
and to appoint commissioners for the same, and other pur¬
poses therein named, assented to, 31st December, 1838; the
report was agreed to—the bill was read the third time, and
lost.
The Senate took up the report of the committee of the
whole, on the bill to alter and amend the fifth section of the
fourth division of the penal code of this State, and to define
the punishment of murder ; the report was agreed to—the
bill was read the third time, and lost.
The Senate took up the report of the committee of the
whole, on the bill to add a part of the county of Harris, to the
county of Talbot; the bill was reported with amendments;
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 34, nays 55.
Those who voted in the affirmative, are Messrs.
Beasley, Floyd, Janes,
Blackshear, Fryer, Jones,
Bryan of Macon, Glover, Minter,
Bulloch, Godard, Moore,
Calhoun, Gonder, Neal,
Carter, Goode, Smead,
Cox, Griggs, Spencer,
Creach, Harris of Burke, Stapleton,
Dawson, Holmarofilu us tuigSti idklnnd of Tattn'l
285
Strickland of Ware, Vincent, "Williams,
Thomas, Warthen, Wright.
Tomlinson,
Those who voted in the negative, are Messrs.
Adams,
Guess,
McConnell,
Beall,
Hamilton,
McDonald,
Bishop,
Hammond,
Miller,
Boggess,
Harris of Taliaferro,Morris,
Camp,
Harris of Warren,
Rainey,
Camron,
Heflin,
Reeves,
Chastain,
Henley,
Reid,
Christian,
Holmes of Baker,
Robertson,
Cone,
Jemeson,
Smith of Bryan,
Smith of Twiggs,
Conner,
Kennon,
Culbertson,
Kimzey,
Speight,
Diamond,
Knight,
Swain,
Dunagan,
Lindsayj
Waldhour,
Echols of Coweta, Loveless,
Watters,
Echols of Walton, Marsh,
Williamson,
Gordon,
Mays,
Wiggins,
Graham,
McAfee,
Young.
Graves,
So the bill was lost.
The Senate took up the report of the committee of the
whole, on the bill to amend an act, entitled an act, to add an
additional section to the penal code, approved December
27th, 1836 ; 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 35, nays 48.
Those who voted in the affirmative, are Messrs.
Beall,
Beasley,
Bishop,
Blackshear,
Bryan of Macon,
Calhoun,
Carter,
Christian,
Cox,
Dunagan,
Echols of Coweti
Fryer,
Those who vot
Adams,
Boggess,
Gonder,
Neal,
Gordon,
Reeves,
Graves,
Robertson,
Griggs,
Spencer,
Hamilton,
Waldhour,
Harris of Warren,
Warthen,
Janes,
Williams,
Knight,
Williamson,
Lindsay,
Wiggins,
McDonald,
Wright,
Minter,
Young.
Moore,
in the negative, are Messrs.
Camp,
Chastain,
Camron,
Conner,
286
Crosby, Henley, Reid,
Culbertson, Holmes of Baker, Smead,
Dawson, Holmes of Houston, Smith of Bryan,
Diamond, Jemeson, Smith of Twiggs,
Echols of Walton, Jones, Speight,
Floyd, Kennon, Stapleton,
Glover, Kimzey, Strickland of Tatt-
Godard, Loveless, nail,
Goode, Marsh, Strickland of Ware,
Graham, Mays, Swain,
Guess, McConnell, Thomas,
Hammond, Miller, Tomlinson,
Harris of Burke, Morris, Vincent,
Harris of Taliaferro,Rainey, Watters.
Heffin,
So the bill was lost.
Mr. Mays laid on the table the following resolution; which
was taken up, read, and agreed to.
Resolved, That, as a testimony of respect for the memory
of the Honorable Horatio Webb, member of the House of
Representatives from the county of Jackson, his Excellency,
the Governor, cause the funeral expenses of the deceased
to be paid out of the contingent fund ; and that he cause a
durable monument to be erected over the grave, correspond¬
ing with that erected over the grave of the Honorable Robert
Brown, late Senator from Murray county.
On motion,
The Senate adjourned until 7 o'clock, this evening.
Seven o'clock, P. M.
The Senate met pursuant to adjournment.
The bill of Senate to authorise his Excellency, the Gov¬
ernor, to draw his warrant in favor of the tax collector of
such counties as have paid over their taxes into the State
Treasury, under the act of 1839 ; which was read the sec¬
ond time, and referred to the committee of the whole.
Leave of absence was granted to the Senator from Car¬
roll, on important business, after Saturday next.
On motion of Mr. Moore,
The communication of his Excellency, the Governor, rela¬
tive to the condition and preservation of documents in the
Secretary of State's office, was referred to a committee,
consisting of Messrs. Moore, Echols of Walton, and Miller.
287
The following bills from the House of Representatives*
were severally taken up, and read the first time.
A bill to repeal an act, entitled an act, to add part of
Newton county to Jasper county, assented to, 22nd Decem¬
ber* 1834; and also, to transfer certain suits from the county
of Jasper, to the county of Newton.
A bill to repeal an act, entitled an act, to incorporate the
Bank of Darien, passed the 15th day of December, 1818;
and also, an act, entitled an act, to extend the charter of the
Bank of Darien, and the acts now in force amendatory
thereto, passed 19th December, 1834, and to provide for the
settlement of the affairs of said Bank.
A bill to alter and amend an act to compensate the grand
and petit jurors of the several counties herein named, and
to provide for the payment of the same, so far as relates to
the county of Scriven, assented to, 23d December, 1837,
and for other purposes herein mentioned.
The following bills of the House of Representatives, were
severally taken up, read the second time, and referred to a
committee of the whole, to wit :
A bill to repeal an act, entitled an act, to alter and amend
an act, to establish a Bank at Milledgeville, to be called and
known by the name and style of the Central Bank of Geor¬
gia, &c., passed on the 22nd day of December, 1828, passed
21st December, 1839, and to provide for the circulation of
said Bank, and for other purposes.
A bill to appropriate money for the political year 1841.
The Senate took up the report of the committee of the
whole* on the bill for the relief of Sarah Mansfield, of De¬
catur county; the report was agreed to—the bill read the
third time, and passed.
The Senate took up the re-considered bill, to disqualify
all persons who shall hereafter be convicted of certain
crimes, from testifying in any Court of Justice in this State,
and from the privilege of performing the duties of a juror.
Mr. Miller offered a substitute for the bill.
Mr. Harris, of Warren, moved to lay the bill and amend¬
ments on the table for the balance of the session.
On which motion, the yeas and nays were required to be
recorded, and are yeas 18, nays 55.
Those who voted in the affirmative, are Messrs.
Bulloch, Holmes of Baker, Strickland of Ware,
Chastain, Holmes of Houston,Thomas,
Conner, Jones, Vincent,
Gonder, Kimzey, Watters,
Goode, Lindsay, Williamson,
Harris of Warren, Marsh, Wiggins.
Those who voted in the negative, are Messrs.
Adams, Beall, Beasley,
•288
Bishop,
Glover,
Neal,
Blackshear,
Godard,
Rainey,
Boggess,
Gordon,
Reid,
Bryan of Macon,
Graves,
Robertson,
Calhoun,
Griggs,
Smead,
Camp,
Guess,
Smith of Twiggs,
Camron,
Hamilton,
Speight,
Christian,
Harris of Taliaferro,Spencer,
Cone,
Heflin,
Stapleton,
Strickland of Tatt¬
Creach,
Knight,
Crosby,
Loveless,
nall,
Culbertson,
Mays,
McConnell,
Swain,
Dawson,
Tomlinson,
Diamond,
McDonald,
Waldhour,
Dunagan,
Miller,
Warthen,
Echols of Coweta,
Minter,
Williams,
Echols of Walton,
Moore,
Young.
Floyd,
Morris,
So the Senate refused to lay the bill on the table.
The report was agreed to as amended—the bill was read
the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill of the House of Representatives, to ex¬
tend the corporate limits of the town of Forsyth, in Monroe
county.
Mr. Graves moved to lay the report on the table for the
balance of the session.
On which motion, the yeas and nays were required to be
recorded, and are yeas 47, nays 32.
Those who voted in the affirmative, are Messrs.
Beall, Godard, Mays,
Bishop, Goode, McAfee,
Boggess, Gordon, McConnell,
Bryan of Macon, Graham, McDonald,
Camp, Graves, Morris,
Chastain, Guess, Rainey,
Christian, Hamilton, Robertson,
Conner, Harris of Warren, Smead,
Cox, Heflin, Smith of Twiggs,
Creach, Holmes of Baker, Speight,
Crosby, Holmes of Houston,Swain,
Culbertson, Jemeson, Thomas,
Diamond, Kimzey, Waldhour,
Dunagan, Lindsay, Watters,
Echols of Coweta, Loveless, Williamson*
Echols of Walton, Marsh,
289
Those who voted in the negative are Messrs.
Adams,
Gonder,
Spencer,
Beasley,
Griggs,
Stapleton,
Blackshear,
Harris of Burke,
Strickland of Tatt-
Bulloch,
Harris of T aliaferro, nail,
Calhoun,
Jones,
Strickland of Ware,
Camron,
Knight,
Tomlinson,
Carter,
Miller,
Vincent,
Cone,
Minter,
W arthen,
Dawson,
Moore,
Williams,
Floyd,
Neal,
Wiggins,
Glover,
Reid,
Young.
So the bill was laid on the table for the balance of the
session.
The Senate took up the report of the committee of the
whole, on the bill of the House of Representatives, to author¬
ise the Sheriffs of Troup county to advertise their sales in
some one of the public gazettes in Columbus, Georgia; the
report was amended, and agreed to.
And on the question, Shall this bill pass ? the yeas and
nays were required to be recorded, and are yeas 43, nays 34.
Those who voted in the affirmative, are Messrs.
Gonder, Moore,
Goode, Neal,
Graves, Rainey,
Griggs, Reid,
Harris of Burke, Smead,
Harris of Taliaferro, Spencer,
Harris of Warren, Stapleton,
Holmes of Baker, Strickland of Ware,
Holmes of Houston,Thomas,
Jones, Tomlinson,
Lindsay, Vincent,
McDonald, W aldhour,
Miller, W arthen,
Minter, Wiggins.
Beall,
Beasley,
Bishop,
Blackshear,
Bryan of Macon,
Bulloch,
Calhoun,
Carter,
Christian,
Conner,
C reach,
Dawson,
Floyd,
Glover,
Godard,
Those who voted in the negative, are Messrs.
Diamond, Jemeson,
Dunagan, Kimzey,
Echols of Coweta, Knight,
Echols of Walton, Loveless,
Gordon, Marsh,
Graham, Mays,
Guess, McAfee,
Hamilton, McConnell,
Adams,
Boggess,
Camp,
Camron,
Chastain,
Cox,
Crosby,
Culbertson,
ir
290
Morris, Strickland, of Tatt- Williams,
Robertson, nail, Williamson,
Smith of Twiggs, Swain, Young.
Speight, Watters,
So the bill passed.
The Senate took up the report of the committee of the
whole, on the bill to, repeal an act, to organize the Adjutant
General's office ; 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 61, nays 18.
Those who voted in the affirmative, are Messrs.
Adams, Goode, Rainey,
Beasley, Gordon, Reid,
Bishop, Graham, Robertson,
Boggess, Graves, Smead,
Bryan of Macon, Guess, Smith of Twiggs,
Camp, Hamilton, Speight,
Camron, Harris of Taliaferro, Spencer,
Carter, Harris of Warren, Stapleton,
Chastain, Heffin, Strickland of Tatt-
Conner, Holmes of Houston, nail,
Creach, Jemeson, Strickland of Ware,
Crosby, Kimzey, Swain,
Culbertson, Loveless, Tomlinson,
Dawson, Marsh, Vincent,
Diamond, Mays, Waldhour,
Dunagan, McAfee, Warthen,
Echols of Coweta, McConnell, Watters,
Echols of Walton, McDonald, Wiggins,
Floyd, Miller, ' Wright,
Glover, Minter, Young.
Godard, Morris,
Those who voted in the negative, are Messrs.
Beall, Cox, Knight,
Blackshear, Gonder, Moore,
Bulloch, Griggs, Neal,
Calhoun, Harris of Burke, Thomas $
Christian, Holmes of Baker, Williams,
Cone, Jones, Williamson.
So the bill passed.
The Senate took up the report of the committee of the
whole, on the bill from the House of Representatives, to
point out a tribunal and mode for the trial of questions of
citizenship, in certain cases, and to declare what shall be
291
evidence in the same •; 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. Cabaniss, their Clerk.
Mr. President:—The House of Representatives have
passed a bill to alter and amend the third, seventh and
,,twelfth sections of the first article, and third section of the
third article, and the fifteenth section of the fourth article of
the Constitution.
Mr. Cone, from the Committee en Enrollment, reported as
duly enrolled, and signed by the Speaker of the House of
Representatives,
An act to incorporate the Upson Riflemen, and to give to
the members thereof, certain privileges.
An act to change the name of certain persons therein
named.
An act to consolidate the offices of receivers of tax re¬
turns and tax collectors of this State, so far as relates to the
county of Appling.
An act to alter and fix the time of holding the Inferior
Courts in the county of Muscogee.
An act to pardon Jackson Mahon, of the county of Bald¬
win.
An act to authorise Overseers of Roads for Chattooga and
Rabun counties, to appoint Warners, and to define their
duties.
An act to repeal an act, entitled an act, to exempt certain
persons from jury and militia duty, in the county of Mcin¬
tosh. passed 21st December, 1839.
An act to change the time of holding the Superior Courts
of the Cherokee Circuit, so far as relates to the counties of
Union, Gilmer, Murray, Walker, Chattooga, Dade, and
Floyd.
An act to authorise the Justices of the Inferior Court of
the county of Pike, to apply the county funds of said county,
for the support of the invalid poor.
An act to amend the charter of the city of Macon, so far
as respects the time of holding charter elections of said
city.
An act to compel the several banks of this State, to re¬
deem their respective liabilities in specie, and to provide for
the forfeiture of the charter or charters of such as may re¬
fuse.
An act to authorise John J. Dodd, of the county of Floyd,
to establish a ferry across the Oostenauly River, on his own
land.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
292!
Mr. President:—The House of Representatives have'
agreed to a resolution authorising his Excellency, the Gov¬
ernor, to furnish the Georgia Huzzars, at Savannah, with
seventy-five swords, and seventy-five pair of pistols.
To which, they respectfully request the concurrence of
the Senate.
The following communication was received from his Ex¬
cellency, the Governor, by Mr. Harris, his Secretary:
Mr. President:—His Excellency the Governor, has assented
to, and signed, an act " to amend the act incorporating the
Bank of Milledgeville, with hanking and insurance privi¬
leges, located at Milledgeville, and to declare the name of
said Bank."
Which, I am directed to return to the Senate, whence it
originated.
Mr. Gordon moved that the Senate now adjourn.
On which motion, the yeas and nays were required to be
recorded, and are yeas 43, nays 23.
Those who voted in the affirmative, are Messrs.
Beall, Echols of Coweta, Lindsay,
Bishop, Echols of Walton, Loveless,
Blackshear, Floyd, Mays,
Boggess, Glover, McAfee,
Bry ah of Macon, Godard, Minter,
Calhoun, Gordon, Reid,
Camp, Graves, Smead,
Camron, Guess-, Smith of Twiggs,
Ohastain, Hamilton, Speight,
Christian, Harris of Taliaferro, Stapleton,
Conner, Heflin, Vincent,
Creach, Holmes of Baker, Watters,
Crosby, Holmes of Houston, Wright,
Diamond, Kirozey, Young.
Dunagan,
Those who voted in the negative, are Messrs*
Adams, Jemeson, Spencer,
Beasley, Jones, Strickland of Tatt-
Bulloch, McConnelly nail,
Dawson, Miller, Strickland of Ware,
Goode, Moore, Swain,
Griggs, Morris, Tomlinson,
Harris of Burke, Neal, Williamson,
Harris of Warren, Rainey, Wiggins,
So the motion to adjourn, prevailed.
And the Senate adjourned until 9 o'clock, to-morrow
morning.
293
THURSDAY MORNING, December 17, 1840.
The Senate met pursuant to adjournment.
Mr. Gordon moved to reconsider so much of the Journal
of yesterday, as relates to the resolution of instruction to the
State Printer, not to print any documents without the ex¬
press direction of the Legislature, or either branch thereof.
On which motion, the yeas and nays were required to be
recorded, and are yeas 34, nays 47.
Those who voted in the affirmative, are Messrs.
Beall, Echols of Walton, Mays,
Bishop, Gordon, McAfee,
Boggess, Guess, Morris,
Camp, Hamilton, Rainey,
Camron, Hammond, Robertson,
Chastain, Heflin, Smith of Twiggs,
Gone, Holmes of Baker, Speight,
Crosby, Jemeson, Swain,
Culbertson, Kimzey, Watters,
Diamond, Lindsay, Williams,
Dunagan, Marsh, Young.
Echols of Coweta,
Those who voted in the negative, are Messrs.
Adams, Goode, Reeves,
Beasley, Graham, Reid,
Blackshear, Griggs, Smead,
Bryan of Macon, Harris of Burke, Smith of Bryan,
Bryan of Stewart, Harris of Taliaferro,Spencer,
Bulloch, Harris of Warren, Stapleton,
Calhoun, Holmes of Houston,Strickland of Tatt-
Carter, Janes, nail,
Christian, Jones, Strickland of Ware,
Creach, Kennon, Thomas,
Dawson, Knight, Tomlinson,
Floyd, McConnell, Vincent,
Fryer, Miller, Warthen,
Glover, Minter, Williamson,
Godard, Moore, Wiggins,
Gonder, Neal, Wright.
So the Senate refused to reconsider.
Mr. Gonder moved to reconsider so much of the Journal
of yesterday, as relates to the passage of the bill to regulate
-the issue of post notes by the banks of this State, and to re¬
peal all acts prohibiting the issue of such notes.
On which motion, the yeas and nays were required to be
-recorded, and are yeas 45, nays 41.
2^4
Those who voted in the affirmative? are Messrs..
Adams,
Beall,
Blackshear,
Bryan of Stewart,
Camp,
Camron,
Chastain,
Conner,
Crosby,
Culbertson,
Diamond,
Dunagan,
Echols of Coweta,
Echols of Walton, Lindsay,
Glover, Loveless
Godard, Marsh,
Gonder, Mays,
Graham, McAfee,
Graves, Morris,
Guess, Rainey,
Hamilton, Smith of Bryan,
Harris of Warren, Smith of Twiggs,
Heffin, Speight,
Holmes of Houston, Stapleton,
Jemeson, Strickland of Tatn'l!
Jones, Thomas,
Kimzey, Watters,
Knight, Williamson,
Wiggins,
Wright.
Those who voted in the negative, are Messrs.
Goode,
Gordon,
Griggs,
Hammond,
Harris of Burke,
Beasley,
Bishop,
Boggess,
Bryan of Macon,
Bulloch,
Calhoun,
Carter,
Christian,
Cone,
Cox,
C reach,
Dawson,
Floyd,
Fryer,
So the Senate agreed to reconsider.
Moore,
Neal,
Reid,
Robertson,
Smead,
Harris of Taliaferro,Spencer,
Holmes of Baker, Strickland of Ware,
Janes,
Kennon,
McConnelJ,
McDonald,
Miller,
Minter,
Swain,
Tomlinson,
Vincent,
Warthen,
Williams,
Young.
Mr. Chastain moved to reconsider so mueh of the Journal
of 3resterd;y, as relates to the passage of the bill to extend
} ie rime for fortunate drawers in all the land lotteries, and
in the gold lottery, to take out their grants.
On which motion, the 3reas and nays were required to be
recorded, and are yeas 35, nays 49. '
Those who voted m the affirmative, are Messrs.
Culbertson, Harris of Taliaferro!
^nagun, Harris of Warren,
Chastain, Echols of Coweta, Heffin,
Christian, Echols of Walton, Jemeson,
Cone, Floyd Kennon,
Conner, Godard, Kimzev
Crosby, Griggs,
295
Loveless, Reid, Stapleton,
Mays, Robertson, Vincent,
Moore, Smith of Bryan, Wiggins,
Vforris, Smith of Twiggs, 'Wright,
leeves, Speight,
, Those who voted in the negative, are Messrs.
idams, Gonder, Minter,
leall, Goode, Neal,
Jeasley, Gordon, Rainey,
hshop, Graham, Smead,
Uackshear, Guess, Spencer,
loggess, Hamilton, Strickland of Tatt-
3 ryan of Macon, Hammond, nail,
s|ryan of Stewart, Harris of Burke, Strickland of Ware,
iulloch, Holmes of Baker, Swain,
Jalhoun, Holmes of Houston,Thomas,
lamron, Janes, Tornlinson,
'ox, Jones, Warthen,
Jreach, , Knight, Watters,
)awson, Marsh, Williams,
)iamond, McAfee, Williamson,
ryer, McDonald, Young.
llover, Miller,
So the Senate refused to reconsider.
Mr. Cone moved to reconsider so much of the Journal of
esterday, as relates to the passage of the bill to repeal an
ct entitled an act to organise the Adjutant-General's office;
ffiich motion prevailed.
Mr. Dawson laid on the table the following resolution, viz :
Resolved, That no Senator who may be absent, when the
.all of the yeas and nays commenced, shall be permitted to
rate.on the question.
On, motion of Mr. Echols, of Walton, the resolution was
laid on the table for the balance of the session.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their clerk :
Mr. President:—The House of Representatives have pass-
ed the following bills, to wit:
A bill for the relief of William W. Stanford.
A bill to repeal an act entitled an act to alter and amend
an act, entitled an act more effectually to secure the solven¬
cy of all the Banking institutions in this State, as passed on
the 24th December, 1832, assented to December 21st, 1833.
A bill to cause the line between the counties of Walker
and Dade, to be run, and to provide for the payment of the
same. ' .
A bill to incorporate the several'churches therein named.
296
A bill for the relief of John H. Mount.
A bill to regulate the letting out and discontinuing of
bridges in the county of Hancock.
A bill touching election precincts in the county of Bibb.
They have also agreed to the report of the committee on
the state of the Republic, upon the resolutions of the State
of Vermont, in relation to the Presidency of the United
States.
Also—The report of the same committee on that part of
the Governor's annual message, relative to a convention held
in the city of London, concerning slavery.
To both of which they solicit the concurrence of the
Senate.
Mr. Bishop, from the Committee on Enrollment, reported
as duly enrolled and signed by the Speaker of the House of
Repre sentati ve s—
An act to legitimatise and change the name of Stephen
Handley to that of Stephen Harris.
An act to make permanent the site of public buildings and
seat of justice for the county of Gilmer, in the town of Ellijay,
and to incorporate the same.
An act to amend an act entitled an act to establish a tri¬
bunal for the trial of slaves within this State, passed 16th
December, 1811, so far as relates to the county of Mcintosh.
An act to authorise the sheriffs and clerks of the Superior,
Inferior and Ordinary Courts of the county of Campbell, to
insert their advertisements in any of the public gazettes in
the Coweta circuit.
An act to authorise the Justices of the Inferior Court of
Macon county to levy an extra tax for the year 1S41.
An act to change and define the line between the counties
of Gwinnett and DeKalb, so as to include the premises of
William Nisbet., immediately on the line in the county of
Gwinnett, on fraction lot No. 256, in the county of DeKalb.
An act authorising the sheriffs of Lincoln county to insert
their advertisements in one of the newspapers published in
Augusta, or in any newspaper published within the Northern
Judicial circuit.
An act to repeal an act assented to December 2Sth, 183S,
to compensate grand and petit jurors in the county of Macon,
and to compensate the petit jurors of Jones county, so far as
relates to the county of Macon.
An act to add a part of the twenty-fifth district of Chat¬
tooga county to the county of Floyd ; and more fully to de¬
fine and provide for the running of the dividing line between
the counties of Chattooga and Floyd.
The following message was received from the House oi
Representatives, by Mr. Cahaniss, their Clerk :
Mr. President:—The JJnnae. nf r?r pr^r-utaUws have con-
297
curred with the Senate in their amendments to the bill to
extend the time for taking out grants for lands, in the counties
of originally Early, Irwin, Appling, Hall, Habersham, and
Rabun, and to provide for the disposition of the same, if not
granted within the time extended.
They have also concurred with the Senate in the resolu¬
tion authorising the Governor to pay to the several Senators
in this Legislature, the amount of academic, poor school,
and common school funds, which may be due the several
counties in this State.
They have also agreed to a resolution authorising the Gov¬
ernor to employ some competent person to examine into the
appropriation of the funds appropriated for the opening and
improving the navigation of the Ogeechee river, and report
to the ensuing legislature.
They have also agreed to a resolution authorising the Gov¬
ernor to cause five copies of Prince's New Digest, and eight
copies of Greene and Lumpkin's Georgia Justice, to be sent
to the Justices of the Inferior Court of Ware county, with
the laws and journals of the present session.
To both of which they respectfully desire the concurrence
of the Senate.
They have also passed a bill to raise a tax for the support
of government, for the year 1841, and from thence after¬
wards.
Mr. Miller laid the following resolution on the table, which
was read and agreed to.
Resolved, That both branches of the General Assembly
will convene in the Representative Chamber, on Friday,
18th of December, at seven o'clock, P. M., for the purpose
of electing three commissioners of the Western and Atlantic
Rail Road; two directors of the Bank of the State of Geor¬
gia, and two commissioners, under the act to authorise the
business of banking, and to regulate the same.
Mr. Gordon moved to strike out "two directors," and in¬
sert "one director" of the State Bank, which was lost.
Also—A Brigndier-Gdneral of the first brigade fourth di¬
vision, to fill the vacancy occasioned by the removal of Brig¬
adier-General Paul J. Semmes, from the State.
Mr. Wright laid the following resolution on the table, which
was read and agreed to:
Resolved, That a committee of three be appointed to en-
ni into and report whether the appropriation of eight hun-
dollars to the Surveyor-General, by the Legislature of
1837, has been paid; and whether the work for which said
sum was appropriated, has been performed.
Mr. Moore laid the following on the table :
Resolved by the Senate and House of Representatives ^ of the
State of Georgia, in General Assembly met, That the Principal
298
Keeper of the Penitentiary proceed (as early as the interest
of the institution will permit,) to have erected a separate
building within or near the walls of the Penitentiary, by a
portion of the convicts thereof; which building, when so
erected, shall be appropriated exclusively to the reception
and confinement of female prisoners.
And be it farther resolved, That should said building be
erected before the meeting of the next General Assembly of
the State of Georgia, the Governor be and he is hereby au¬
thorised to appoint a matron to take charge of and superin¬
tend the prisoners in said building, subject to the direction
of the Principal Keeper of the Penitentiary.
Mr. Echols, of Coweta, laid the following on the table:
Resolved by the Senate, That the messenger and door-keep¬
er be specially instructed to preserve order and keep silence
in the lobby, and around the fire places near the lobby.
The Senate took up the report of the Committee of the
Whole, on the bill to authorise his Excellency the Governor,
to draw his warrant in favor of the tax collectors of such
counties as have paid over their taxes into the State Trea¬
sury, under the act of 1839 ; the report was agreed to as
amended; the bill was read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to establish election districts, and to alter
some already established in the several counties therein
named, and to regulate the same; the report was agreed to as
amended; the bill was read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill of the House of Representatives, to estab¬
lish election districts in the several counties therein named,
so far as relates to the county of Harris; the report was
agreed to; the bill was read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill of the House of Representatives, to explain
an act entitled an act to amend an act to compensate the su¬
perintendents of precinct elections of Troup, Harris, and
Richmond counties, assented to 23d December, 1339, so far
as relates to the county of Troup; the report was agreed to;
the bill was read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to authorise Seaborn N. Jones and Leon¬
ard C. Simpson, to plead and practise law in the several
courts of law and equity in this State, and to prescribe their
liability, touching the same; the report was agreed to; the
bill was read the ;third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to authorise the sheriff of Meriwether
county, to sell the State's interest in lot of land No. 23, in
the eleventh district formerly Troup no wAleri wailior county;
299
and the sheriffs., of the several counties in this State to sell
all land in their respective counties, in which the State may
have an interest derived from fraudulent draws; the report
was agreed to; the-bill was read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to alter and amend the ninth section of
the Judiciary act of 1799 ; and the first section of an act
relative to Executions, passed December 14th, 1811; the re¬
port was agreed to; the bill was read the third time and
passed.
The following communication was received from his Ex¬
cellency the Governor, by Mr. Glascock, his Secretary—•
which Was taken up, read and referred to a committee,
consisting of Messrs. Strickland, of Ware, Knight, and Mc¬
Donald, to wit:
Executive Department, >
Milledgeville, 17th Dec. 1840. )
I have the honor to place before the General Assembly,
the copy of an account of James Fulwood, contractor for a
battalion commanded by Major Bower, in the year 1839, for
the protection of the citizens of Georgia, in the neighborhood
of the Okefenokee swamp from the Seminole Indians. The
expenses of this service, except the amount now presented,
have been paid by the Government, and in all probability
this will be paid; but as it is not positively certain, and the
persons from whom Mr. Fulwood purchased provisions and
other articles, and those he employed in the service, should
unquestionably be paid, I bring the matter before you, that
you may make such provision for the relief of the persons in¬
terested, as you may think is just, should the accounts not
be paid by the Government.
I also submit the copy of a letter addressed to both branch¬
es of the Legislature and myself, from Willoby Minshew,
asking to be paid for property destroyed by the Seminole
Indians.
charles j. Mcdonald.
The Senate took up the report of the Committee of the
Whole, on the bill to establish election districts, and to alter
some already established, in the several counties therein
named, and to regulate the same.
Mr. Loveless moved to strike out the county of Gwinnett,
at Burn's Store.
On which motion, the yeas and nays were required to-
be recorded, and are yeas 49, nays 30.
Those who voted in the affirmative, are Messrs.
Beall, Calhoun, Camron,
Bishop, Camp, Chastain,
300
Christian,
Cone,
Conner,
Crosby,
Culbertson,
Diamond,
D unagan,
Echols of Coweta,
Echols of Walton,
Cordon,
Graham,
Guess,
Hamilton,
Hammond,
Harris of Warren,
Heflin,
Holmes of Baker,
Jemeson,
Kennoff,
Kimzey,
Lindsay,
Loveless,
Marsh,
Mays,
McAfee,
McConnell,
McDonald,
Minter,
Rainey,
Reeves,
Reid,
Robertson,
Smead,
Smith of Twiggs,
Speight,
Spencer,
Strickland of Tatt¬
nall,
Strickland of Ware,
Swain,
Vincent,
Watters,
• Young.
Those who voted in the negative, are Messrs.
Beasley,
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Carter,
Cox,
Creach,
Dawson,
Floyd,
F ryer,
Glove r,
Godard,
Gonder,
Goode,
Griggs,
Harris of Burke,
Harris of Taliaferro, Warthen,
Jones, Williams,
Knight, Williamson,
Miller, Wiggins,
Moore, Wright.
Neal,
Smith of Bryan,
Stapleton,"
Thomas,'
Tomlinson,
So the motion prevailed.
Mr. Echols, of Walton, moved to strike out so much of
the bill as relates to the consolidation of the precincts in the
county of Muscogee; which motion was lost.
The bill was amended and agreed to; the bill read the
third time and passed as amended.
The Senate took up the report of the Committee of the
Whole, on the bill to repeal so much of the third section of
an act, passed 24th December, 1835, to alter and amend an
act to change the names of certain persons therein mentioii-
ed, and to legitimatise those persons .whose names axe so
changed; as far as relates to the legitimatising and investing
Caroline Amanda Gmham, with the rights and privileges of
an heir at law of her reputed father, James Tuttle, of Scri-
ven 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 reauired to
he recorded, and are yeas 12, nays 56.
Those who voted in the affirmative, are Messrs.
Chastain, Conner, Crosby,
301
Echols of Coweta* Heflin, •
Fryer, Jemesou,
Gordon,
^IcConnell,
Morris,
Smith of Twiggs.
Those who voted in the negative, are Messrs.
Beall,
Beasley,
Blackshear,
Boggess,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Calhoun,
Camp,
Carter,
Christian,
Cox,
Creach,
Dawson,
Diamond,
Dunagan,
Floyd,
Glover,
Godard,
Goode,
Griggs,
Guess,
Hamilton,
Hammond,
Harris of Burke,
Neal,
Rainey,
Reid,
Smead,
Smith of Bryan,
Harris of Taliaferro,Speight,
Harris of Warren, Stapleton,
Holmes of Houston,Strickland of Tatt
Janes,
Kennon,
Kimzey,
Knight,
Lindsay,
Loveless,
Mays,
McDonald,
Miller,
Minter,
Moore,
nail,
Strickland of Ware,
'Swain,
Thomas,
Tomlinson,
Vincent,
W arthen,
Williamson,
Wiggins,
Wright,,
So the bill was lost.
The Senate adjourned until 3 o'clock, this afternoon.
Three o'clock, P. M*
The Senate met pursuant to adjournment.
The Senate took up the report of the Committee'3 of the
Whole, on the bill to amend the second section of an act
entitled an act for the better protection of orphans and their
estates, passed 18th of February, 1799, approved 22d De¬
cember, 1828 ; the report was agreed to.
The bill read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to form additional precincts in the county
of Houston; the report was agreed to; the bill read the
third time arid passed.
302
The Senate took up the report of the Committee of the
Whole, on the bill to permit the sheriff of Houston coun¬
ty to advertise his sales in any public gazette printed
in the city of Macon, or any paper in the State; and to au¬
thorise the sheriffs of certain counties therein named, to pub¬
lish their advertisements in any paper in the Northern cir¬
cuit, under certain provisions; the report was agreed to as
amended; the bill read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to establish certain election precincts, and
to change others therein mentioned ; the report was agreed
to; the bill read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to repeal an act entitled an act to conso¬
lidate the offices of tax collectors and receivers of tax re¬
turns, so far as respects the counties of Baldwin, Chattooga,
Franklin, Gwinnett, Heard, Upson, Wilkes, Mcintosh,
Thomas, Jefferson, Cobb, Hancock, Dooly, and Marion,
passed on the 9th day of December, 1839, so far as relates
to the county of Upson; the report was agreed to; the bill
was read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to establish and fix the fees of sheriffs,
constables, and other officers, in certain cases; the report
was amended and agreed to; the bill read the third time,
And on the question, shall this bill now pass ? the yeas
and nays were required to be recorded, and are yeas 51,
nays 24.
Those who voted in the affirmative are Messrs.
Beasley, Goode, Miller,
Bishop, Griggs, Minter,
Blackshear, Harris of Burke, Moore,
Boggess, Harris of Taliaferro,Neal,
Bryan of Stewart, Harris of Warren, Rainey,
Bulloch, Heflin, Robertson,
Calhoun, Henley, Smead,
Carter, Holmes of Houston,Spencer,
Christian, Jemeson, Stapleton,
Conner, Janes, Strickland of Tatn'll
Cox, Jones, Strickland of Ware,
Dawson, Kennon, Tomlinson,
Echols of Walton, Knight, Vincent,
Floyd, Lindsay, Williams,
Fryer, Loveless, Williamson,
Glover, Marsh, Wiggins,
Godard, McAfee, Wright.
Those who voted in the negative, are Messrs.
Adams, Beall, Camp.
303
Cha^ain,
Graham,
Morris,
Cone,
Guess,
Reeves,
Creach,
Hammond,
Reid,
Crosby,
Holmes of Baker,
Speight,
Culbertson,
Kimzey,
Swain,
Diamond,
Mays,
Walker,
Echols of Coweta,
McConnell,
Young.
Gordon,
So the bill passed as amended.
The Senate took up the report of the Committee of the
Whole, on the bill to change the place of holding elections,
&c.; the report was agreed to; the bill was read the third
time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to repeal so much of an act, passed 23d
December, 1839, as relates to the names of certain persons,
and to alter the names of the same ; and to legitimatise them
and others herein named, and make them legal and lawful
heirs of their reputed fathers.
Mr. Miller moved to strike out the third section of said bill.
Upon which motion, the yeas and nays were required to
be recorded, and are yeas 22, nays 52.
Those who voted in the affirmative, are Messrs.
Beall,
Beasley,
Blackshear,
Bryan of Stewart,
Bulloch,
Calhoun,
Dawson,
F ryer, Miller,
Goode, Moore,
Gordon, Neal,
Harris of Taliaferro,Reid,
Harris of Warren, Vincent,
Henley, Watters,
Knight, Williamson.
Floyd,
Those who voted in the negative, are Messrs.
Adams,
Bishop,
Boggess,
Camp,
Carter,
Chastain,
Christian,
Cone,
Conner,
Cox,
Creach,
Culbertson,
Diamond,
Echols of Coweta, Lindsay,
Echols of Walton, Loveless,
Godard, Marsh,
Griggs, Mays,
Guess, McAfee,
Hammond, McConnell,
Harris of Burke, McDonald,*
Heffin, Minter,
Holmes of Baker, Morris,
Holmes of Houston,Rainey,
Jemeson, Reeves,
Janes, Robertson,
Jones, Smead,
Kennon, Smith of Twiggs,
Kimzey, Speight,
Spencer,
Stapleton,
304
Strickland of Tatt- Swain, Wiggins,
nail, Tomlinson, Young.
Strickland of Ware, Walker,
So the Senate refused to strike out.
The report was agreed to; the bill read the third time
and passed.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
Mr. President:—The House of Representatives have
passed the following bills of the Senate:
A bill to amend an act to grant to Thomas Spalding and
his associates, the right of constructing a rail road of wood,
or digging a canal from the Ocmulgee to the Flint river,
with certain privileges.
A bill to amend an act, passed on the 23d December,
1839, to alter and change the site of the public buildings of
the county of Dooly, to some point more central, and to make
permanent the same; and to compensate the- owners of town
property in the town of Drayton, the present site of the pub¬
lic buildings, and for other purposes ; with amendments
To which they desire the concurrence of the Senate.
A bill to alter the militia laws of this State, so far as
relates to the 27th and 23d Regiments, in the county of
F ranklin.
A bill to authorise David D. Bostwick to keep up a ferry
across the Ocmulgee river, near the Long Shoals, on his own
land.
A bill to amend an act entitled an act to authorise the
sheriffs of the counties of Decatur, Thomas, Lowndes, Ware
and Wayne, to sell the fractions in said counties, and for
other purposes, passed the 23d December, 1839.
A bill to compel persons who reside without the limits of
this State, who own, or may hereafter own, a plantation and
slaves in any of the counties of this State, to give in and
pay taxes for the same in the county where the same are
situated.
A bill to authorise Stith H. Ingram, to establish a ferry
across Little River, on his own land, and to fix the rates of
toll for the same.
A bill to provide payment for individuals who taught
school in the county of Hall, under the provisions of the
poor school law in 1838, who have not been paid.
A bill to point out and punish certain frauds therein spe¬
cified, and to render null and void such conveyances of
transfers as may be thereby obtained."
A bill to enable persons owning lands to maintain the ab-
tion of trespass without being ill the actual passfession aftd
occupancy thereof, &c.
305
A bill to amend an act to alter and fix the time of holding
the Superior Courts in the Eastern district.
A bill to change the name of the Farmers' Bank of Chat¬
tahoochee, and for other purposes.
With amendments, to which they desire the concurrence
of the Senate.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary:
Mr. President:—His Excellency the Governor, has assented
to and signed the following acts which originated in this
branch of the General Assembly—
An act to authorise John J. Dodd, of the county of Floyd,
to establish a ferry across the Gostenauly river, on his own
land.
An act to change the names of certain persons therein
mentioned.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their clerk:
Mr. President:—The House of Representatives have
passed—
A bill to carry into operation the Lunatic Asylum of the
State of Georgia.
Mr. Echols, of Walton, moved to suspend the order, for
the purpose of taking up the report of the select committee,
on the claim of the heirs of Captain David McCullough.
On which motion, the yeas and nays were required to be
recorded, and are yeas 55, nays 26.
Those who voted in the affirmative, are Messrs.
Adams,
Beall,
Beasley,
Bishop,
Boggess,
Camp,
Camron,
Chastain,
Christian,
Cone,
Conner,
Cox,
Creach,
Crosby,
Culbertson,
Diamond,
Dunagan,
Echols of Coweta,
Echols of Walton,
20
Fryer,
McConnell,
Glover,
Morris,
Gordon,
Rainey,
Griggs,
Reeves,
Guess,
Robertson,
Hammond,
Smith of Twiggs,
Heflin,
Speight,
Henley,
Strickland of Tatt¬
Holmes of Baker,
nall,
Jemeson,
Strickland of Ware,
Jones,
Swain,
Kennon,
Tomlinson,
Kimzey,
Walker,
Knight,
Watters,
Lindsay,
Williamson,
Loveless,
Wiggins,
Marsh,
Wright,
Mays,
Young.
McAfee,
JOG7
Those who voted in the negative, are Messrs.
Blackshear, Goode, Neal,
Bryan of Stewart, Harris of Burke, Reid,
Bulloch, Harris of Taliaferro,Smead,
Calhoun, Harris of Warren, Spencer,
Carter, Janes, Stapleton,
Dawson, McDonald, Vincent,
Floyd, Miller, Waldhour,
Godard, Minter, Williams.
Gonder, Moore,
So the Senate suspended the order.
The report was taken up and read, and on the question
lo concur with the House of Representatives to the report
and resolutions, the yeas and nays were required to be re¬
corded, and are yeas 27, nays 52.
Those who voted in the affirmative, are Messrs.
Beall, Godard, Miller,
Blackshear, Goode, Minter,
Bryan of Macon, Harris of Burke, Moore,
Bryan of Stewart, Harris of Taliaferro,Reid,
Bulloch, Harris of Warren, Spencer,
Calhoun, Holmes of Baker, Tomlinson,
Carter, Janes, Vincent,
Dawson, Knight, Williams,
Floyd, McDonald, Wright.
Those who voted in the negative, are Messrs.
Adams, Glover, Rainey,
Beasley, Gordon, Reeves,
Boggess, Graham, Robertson,
Camp, Griggs, Smead,
Camron, Guess, Smith of Twiggs,
Chastain, Hammond, Speight,
Christian, Heffin, Stapleton,
Cone, Henley, Strickland of Tatt-
Conner, Jemeson, nail,
Cox, Jones, Strickland of Ware,
Creach, Kimzey, Swain,
Crosby, Lindsay, Waldhour,
Culbertson, Loveless, Walker,
Diamond, Marsh, Watters,
Dunagan, Mays, Williamson,
Echols of Coweta, McAfee, Wiggins,
Echols of Walton, McConnell, Young.
Fryer, Morris,
So the Senate refused to concur.
The Senate then adjourned to 8 o'clock, this evenings
307
Eight o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Strickland, of Ware, laid the following report on the
table, viz:
The select committee, to whom was referred his Excel¬
lency, the Governor's communication, covering the accounts
of James Fulwood, of Ware county, contractor for Major
Bower's battalion of Georgia militia, in the year 1839, make
the following report:
That they have had the subject matter before them, and
given it the consideration its importance requires, and are
aware of the necessity of the immediate payment of said
claims, recommend that the State of Georgia pay said ac¬
count, and that the same be provided for in the appropriation
bill, and be charged against the United States.
Your committee have also examined the claims of Willoby
Minshew, and are of opinion that said claims ought not to
be paid by the State of Georgia, and therefore, beg leave to
be discharged from the further consideration of that claim.
The following bills of the House of Representatives were
taken up, read the second time, and referred to a committee
of the whole:
A bill to authorise the sale of scrip or certificates of State
debt, by his Excellency the Governor of this State; and to
place the proceeds of the sale thereof in the Central Bank of
Georgia, to be loaned out by the directors thereof, under cer¬
tain restrictions ; and to provide a permanent fund for the
redemption of the principal and interest accruing on said
bonds.
A bill to alter and amend an act to compensate the grand
and petit jurors of the several counties herein named, and
to provide for the payment of the same, so far as relates to
the county of Scriven, assented to 23d December, 1837 ;
and for other purposes herein mentioned.
A bill to repeal an act entitled an act to add part of New¬
ton county to Jasper county, assented to 22d December,
1834; and also, to transfer certain suits from the county of
Jasper to the county of Newton.
A bill to repeal an act entitled an act to incorporate the
Bank of Darien, passed the 15th day of December, 1818;
and also, an act entitled an act to extend the charter of the
Bank of Darien; and the acts now in force amendatory
thereto, passed 19th December, 1834, and to provide for the
settlement of the affairs of said Bank.
Theribtlowing bills from the House of Representatives,
were severally taken up, and read the first time.
A bill for the relief of John H. Mount.
308
A bill to carry into operation the Lunatic Asylum of the
State of Georgia. , j _
L 24th December, 1832;
assented to December 21st, 1833.
A bill to raise a tax for the support of Government for the
year 1841, and from thence afterwards. _
On motion of Mr. Gordon, one hundred copies of the bill
were ordered to be printed.
A bill to compel persons who reside without the limits of
this State, who own, or may hereafter own, a plantation and
slaves, in any of the counties of this State, to give in and
pay taxes for the same, in the county where the same are
situated.
A bill to alter and amend the third, seventh, and twelfth
sections of the first article, and third section of the third ar¬
ticle, and the fifteenth section of the fourth article of the
Constitution.
A bill touching election precincts in the county of Bibb.
A bill to incorporate the several churches therein named.
A bill to alter the militia laws of this State, so far as
relates to the 27th and 23d Regiments, in the county of
Franklin.
A bill to authorise David D. Bostwick to keep up a ferry
across the Ocmulgee river, near the Long Shoals, on his own
land.
A bill to change the name of the Farmers' Bank of Chat¬
tahoochee, and for other purposes.
A bill to authorise Stith H. Ingram, to establish a ferry
across Little River, on his own land, and to fix the rates of
toll for the same.
A bill to amend an act to alter and fix the time of holding
the Superior Courts in the Eastern district, &c.
A bill to point out and punish certain frauds therein spe¬
cified ; and to render null and void such conveyances or
transfers as may be thereby obtained.
A bill to enable persons owning lands, to maintain the ac¬
tion of trespass, without being in the actual possession and
occupancy thereof. *
A bill to cause the line between the counties of Walker
and Dade to be run, and to provide for the payment of the
same. r J
A bill for the relief of William W. Stanford.
A bdl to regulate the letting out and discontinuing i
bridges, in the county of Hancock. ..7*
A bill to authorise the sheriffs of the counties of Decatur,
Thomas, Lowndes, Ware, and Wayne, to sell the fractidn!
in said counties, and for other purposes, passed the 23d of
December, 1839.
309
A bill to provide payment for individuals who taught
school in the county of Hall, under the provision of the poor
school law, in 1838, who have not been paid.
The Senate then adjourned until 9 o'clock, to-morrow
morning.
FRIDAY MORNING, December 18, 1840.
The Senate met pursuant to adjournment.
Mr. Kennon, Chairman of the Committee on Public Print¬
ing, laid the following report on the table, to wit:
The committee to whom was referred a bill to be entitled
an act to repeal an act entitled an act to provide for the elec¬
tion of a Public Printer, and to regulate the printing requir¬
ed to be performed by the Legislature, and to authorise the
letting out of the public printing to the lowest bidder—beg
leave to report:
That the chairman of the printing committee addressed a
note to all the Editors in Milledgeville, and have received for
answer, from the Editors of the Georgia Journal:
" That to execute the work with ability, dispatch, and in
a workmanlike style, with no charge for extra work, on ap¬
plication to the Legislature, and appeals in that body to par¬
ty for the same, as has heretofore been the course pursued
by public printers under the bidding system—taking all this
into consideration, we think that the present rates as estab¬
lished by law, is only a fair compensation.
Respectfully,
STEEL & THWEATT."
The Editors of the Southern Recorder, in reply to the call
made upon them, thus answered:
" The price at present established by law was adopted
upon the recommendation of a committee of the Legislature,
of which Mr. Bulloch, of Chatham, was the chairman, after
a thorough inquiry in regard to the prices from Washington
city to Georgia: which established the fair value of the work
here. We think the present law established the fair value
of the public printing, and we respectfully make those terms
of the law those we offer.
GRIEVE & ORME."
From P. L. Robinson, the following answer was received:
Dear Sip—I have this moment Yebeived vour note as
310
Chairman of the Printing Commmittee,'^shng me^(oi in¬
fo™, the —ee the lowest
beedetectS fo printX laws and journals of this.and the
next session, I cannot understand how rt ts that I am re¬
quested to make a bid for the same.
Respectfully ?
1 P. L. ROBINSON."
From W. S. Rogers, the following answer was received :
" We have to state that the short time allowed us to make
an estimate of the probable cost of the printing usually or¬
dered, renders it out of our power to giveany definite state¬
ment as to what would be the lowest price allowed under
the present law. The prices allowed under the present law
we are satisfied ought to afford the printer a reasonable com¬
pensation, and we would be willing to do the work at such
prices. Respectfully 7
W. S. ROGERS."
[Signed]
CHARLES KENNON, Chairman.
The Senate took up the report of the Committee of the
Whole, on the bill to change the name of Lemuel Ames to
that of Lemuel Smith; the report was agreed to as amend¬
ed ; the bill was read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to change the places of holding elections
in the county of Talbot, from the house of R. A. Hall and
Theodorick Mumford, to house of Robert Carson, in said
county; and to establish an election precinct in the county
of Hall; the report was agreed to; the bill was read the
third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to repeal so much of an act, passed the
25th December, 1837, as relates to the consolidation ol the
offices of tax collector and receiver of tax returns of the
county of Floyd; the report was agreed to; the bill was
read the third time and passed.
wi^e ^enate to°k UP t^,e rePort of the Committee of the
Whole, on the bill to amend an act relating to usurious con¬
tracts, assented to December 23d, 1822; the report was
agreed to; the bill was read the third time and lost.
The Senate took up the reconsidered bill to organise the
Adjutant-General's Office; the report was amended and
agreed to; the bdl was read the third time, and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to anthorise his Excellency, the Governor
of the State of Georgia to cause LU bo fthid ovei to the pro-
311
cy due the academic or poor school fund of said counties,
under the acts of 1837 and 1838, or any previous acts; the
report was agreed to; the bill read the third time and
passed.
Mr. Beall, from the Committee on Finance, made the fol¬
lowing report, to wit:
The committee to whom was referred the Governor's com¬
munication relative to the contract by the commissioners of
public buildings for the State, with Ezekiel Root, the artist
who constructed the granite steps to the Capitol, believe the
claim to be just and ought to be paid.
Be it therefore resolved by the Senate and House of Representor-
lives of the State of Georgia^ in General Assembly met, That the
sum of two thousand dollars be appropriated to Ezekiel Root,
for constructing the granite steps to the Capitol, and the
same be inserted in the appropriation bill.
Which was taken up, read and agreed to.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary:
Mr. President:—His Excellency, the Governor, has as¬
sented to and signed the following acts which originated in
this branch of the General Assembly:
An act to consolidate the offices of receivers of tax re¬
turns and tax collectors of this State, so far as relates to the
county of Appling.
An act authorising the sheriffs of Lincoln county to in¬
sert their advertisements in one of the newspapers published
in Augusta, or in any newspaper published within the North¬
ern Judicial circuit.
An act to incorporate the Upson Riflemen, and to give to
the members thereof certain privileges.
All of which I am directed to return.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk;
Mr. President:—The House of Representatives have
amended the amendment of the Senate to the bill of the
House, authorising the sheriffs of Troup county to advertise
•their sales in some one of the public gazettes in Columbus,
Georgia.
To which they desire the concurrence of the Senate.
They have also concurred with the Senate in the resolu¬
tion bringing on certain elections, this evening at 7 o'clock.
The following communication was received from his Ex¬
cellency the Governor, by Mr. Home, his Secretary :
Mr. President:—His Excellency the Governor, has ap¬
proved of onrhiigiicd a resolution -authorising the Senators
from the different counties .in this Stn^^ioiiraw the severa
312
school funds due their respective counties; which I am di¬
rected to return to the Senate where it originated.
The Senate took up the reconsidered bill to regulate the
issue of post notes by the banks of this State, and to repeal
all acts prohibiting the issue of such notes.
Mr. Echols, of Walton, offered the following proviso—
Provided, That any bank issuing post notes as aforesaid,
shall at any time receive post notes of its own issues in pay¬
ment of debts due said bank when presented, whether the
same be due or not; which was agreed to.
Mr. Jones offered the following proviso—
Provided, This act shall remain in force until the first day
of November next, and no longer.
On the question to agree to the proviso, the yeas and nays
were required to be recorded, and are yeas 17, nays 61.
Those who voted in the affirmative, are Messrs.
Camp, Dunagan, Mays,
Chastain, Guess^ Miller,
Cone, Jones, Speight,
Conner, Kennon, Strickland of Tatt-
Crosby, Lindsay, nail,
Diamond, Marsh, Walker.
Those who voted in the negative, are Messrs.
Beall, Goode, Moore,
Beasley, Gordon, Morris,
Bishop, Graham, Neal,
Black shear, Griggs, Reeves,
Boggess, Hammond, Robertson,
Bryan of Macon, Harris of Burke, Smead,
Bryan of Stewart, Harris of Taliaferro, Smith of Twiggs,
Bulloch, Harris of Warren, Spencer,
Calhoun, Heflin, Strickland of Ware,
Camron, Henley, Swain,
Holmes of Baker, Thomas,
Christian, Holmes of Houston,Tomlinson,
Xox' , Jemeson, Vincent,
Creach, Janes, Waldhour,
Dawson, Kimzey, Warthen,
Echols of Coweta, Loveless, Williams:
Echols of Walton, McAfee, W 1 aSsL
Floyd, McConnell, Wi«riM
Fryer, McDonald, Wright,
Glover, Minter, Younev'
Godard,
So the proviso was losj*
313
The report was agreed to; the bill read the third time and
on the question, shall this bill now pass ? the yeas and nays
were required to be recorded, and are yeas 43, nays 36.
Those who voted in the affirmative, are Messrs.
Beasley, Fryer, Minter,
Bishop, Goode, Moore,
Boggess, Gordon, Morris,
Bryan of Macon, Graham, Neal,
Bulloch, Griggs, Smead,
Calhoun, Hammond, Spencer,
Carter, Harris of Burke, Stapleton,
Christian, Harris of Taliaferro, Strickland of Ware,
Cox, Heffin, Tomlinson,
Creach, Henley, Vincent,
Crosby, Holmes of Baker, Waldhour,
Culbertson, Janes, Warthen,
Dawson, McConnell, Williams,
Echols of Walton, McDonald, Wiggins^
Floyd, Miller,
Those who voted in the negative, are Messrs.
Bea.ll, Godard, Rainey,
Blackshear, Guess, Reeves,
Bryan of Stewart, Harris of Warren, Smith of Twiggs,
Camp, Holmes of Houston,Speight,
Camron, Jemeson, Strickland of Tatt-
Chastain, Jones, nail,
Cone, Kennon, Swain,
Conner, Lindsay, Thomas,
Diamond, Loveless, Walker,
Dunagan, Marsh, Williamson,
Echols of Coweta, Mays, Wright,
Glover, McAfee, Young.
So the bill passed under the title thereof.
The Senate took up the report of the Committee of the
Whole, on the bill to authorise the sale of scrip or certificates
of State debt, by his Excellency the Governor of this State
and to place the proceeds of the sale thereof, in the Central
Bank of Georgia, to be loaned out by the directors thereof,
under certain restrictions; and to provide a permanent fund
for the redemption of the principal and interest accruing on
said bonds.
Mr. Miller moved to lay the report on the table for the
balance of the session. _
On which motion, the yeas and nays were required to be
recorded, and are yeas 39, nays 38.
Those voting in the affirmative, are Messrs.
Beaslev, Blackshear, . Bryan of Stewart,
314
Bulloch,
Calhoun,
Carter,
Creach,
Dawson,
Dunagan,
Floyd,
Fryer,
Glover,
Godard,
Goode,
Gordon,
Griggs,
Those voting in the negative, are Messrs.
Beall, Diamond, McAfee,
Bishop, Echols of Coweta, McConnell,
Boggess, Echols of Walton, Morris,
Bryan of Macon, Guess, Rainey,
Camp, Hammond, Reeves,
Camron, Heflin, Smith of Twiggs,
Chastain, Henley, Stapleton,
Christian, Jemeson, Strickland of Ware,
Cone, Kimzey, Tomlinson,
Conner, Lindsay, Walker,
Cox, Loveless, Warthen,
Crosby, Marsh, Williams.
Culbertson, Mays,
So the motion prevailed.
The following bill from the House of Representatives was
taken up and read the first time—
A bill to set apart a fund for the payment of the interest
of the public debt of the State of Georgia, and the gradual
reduction and ultimate payment of the principal.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their clerk:
Mr. President: — The House of Representatives have
passed a bill to set apart a fund for the payment of the in¬
terest of the public debt of the State of Georgia, and the
gradual reduction and ultimate payment of the principal.
They have also agreed to a resolution authorising his Ex¬
cellency the Governor to transmit to the county of Heard,
two copies of Prince's New Digest, and the laws and jour¬
nals of the present session of the Legislature, for a new
created district in said county.
To which the concurrence of the Senate is desired.
The J3cnme__took_ uii the rcnort of thn Cormnitf-nr. , c ^
Harris of Burke, Neal,
Harris of Taliaferro,Smead,
Harris of Warren, Spencer,
Holmes of Houston, Strickland of 1 att-
Janes,
Jones,
Kennon,
Knight,
McDonald,
Miller,
Minter,
Moore,
nail,
Swain,
Thomas,
Waldhour,
Williamson,
Wiggins,
Wright,
Young.
315
Whole on the bill to define the liability of the several Rail
Road Companies in this State, for the loss of stock killed or
wounded by the running of cars or locomotives on their
roads respectively, and to regulate the proceedings in such
cases.
Mr. Miller moved to strike out of the second section of
the bill, the words "either in the first instance or on the
appeal."
On which motion, the yeas and nays were required to be
recorded, and are yeas 23, nays 48.
Those who voted in the affirmative, are Messrs.
Beall, Gordon, McDonald,
Bishop, Guess, Miller,
Calhoun, Hammond, Rainey,
Cox, Harris of Burke, Spencer,
Echols of Coweta, Heffin, Vincent,
Floyd, Loveless, Waters,
Fryer, Marsh, Williamson.
Goode, Mays,
Those who voted in the negative, are Messrs.
Beasley, Harris of Taliaferro,Robertson,
Blackshear, Harris of Warren, Smead,
Boggess, Henley, Smith of Twiggs,
Bryan of Macon, Holmes of Houston,Speight,
Bryan of Stewart, Jemeson, Stapleton,
Bulloch, Janes, Strickland of Tatt-
Camp, Jones, nail,
Carter, Kennon, Strickland of Ware,
Chastain, Kimzey, Swain,
Christian, Lindsay, Thomas,
Cone, McAfee, Tomlinson,
Conner, McConnell, Waldhour,
Dawson, Minter, Walker,
Diamond, Moore, Wiggins,
Dunagan, Morris, Wright,
Godard, Neal, Young.
Griggs, Reeves,
The Senate refused to strike out.
Mr. Gordon moved to strike out the second section of
the bill.
On which motion, the yeas and nays were required to be
recorded, and are yeas 20, nays 51.
Those who voted in the affirmative, are Messrs.
Bishop. Echolsy-ef-Wglton, Goode,
~ vimr/l ^ Gordon,
316
Graham, McAfee,
.Guess, McConnell,
Harris, of Burke, McDonald,
Holmes, of Baker, Miller,
Marsh, Reeves,
Those who voted in the negative
Beall, Fryer
Beasley,
Blackshear,
Bryan, of Macon
Smith, of Twiggs,
Spencer,
Vincent,
Waters.
are Messrs.
Morris,
Neal,
Robertson,
Smead,
Glover,
Griggs,
xjiycnh ^ , Hammond, ,
Bryan, of Stewart, Harris of Taliaferro,Speight,
Bulloch, Harris, of Warren, Stapleton,
Henley, Strickland, of Tatt-
Holmes, of Houston, nail,
Calhoun,
Camp,
Carter, Jemeson,
Chastain, Janes,
Christian, Jones,
Cone, Kennon,
Conner, Kimzey,
Creach, Lindsay,
Culbertson, Mays,
Dawson, Minter,
Diamond, Moore,
Dunagan,
The Senate refused to strike out.
Strickland, of Ware,
Swain,
Tomlinson,
Waldhour,
W alker,
Williamson,
Wiggins,
Wright,
Young.
The report was amended and agreed to.
When on motion of Mr. Gordon,
The Senate adjourned to 3 o'clock, this afternoon.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate resumed the unfinished business of the last
adjournment, to wit, the bill to define the liability of the
several Rail Road Companies in this State, for the loss of
stock killed or wounded by the running of cars or locomo¬
tives on their roads respectively, and to regulate the pro¬
ceedings in such cases;- the report was amended and agreed
to; the bill was read the third time.
And on the question, shall this bill now pass ? the yeas
and nays were required to be recorded, and are yeas 46,
nays 36.
Those who voted in the affirmative, are Messrs.
Beall, Beasley, TBacksLear,
317
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Camp,
Carter,
Chastain,
Christian,
Cone,
C reach,
Dawson,
Dunagan,
Echols of Coweta,
Fryer,
Glover,
Godard,
Griggs, Spencer,
Harris of Taliaferro,Stapleton,
Harris of Warren, Strickland of Tatt-
Holmes of Houston, nail,
Janes,
Jones,
Kennon,
Knight,
Lindsay,
Minter,
Moore,
Neal,
Reeves,
Robertson,
Smead,
Strickland of Ware,
' Thomas,
Tomlinson,
Waldhour,
Walker,
Warthen,
Williamson,
Wiggins,
Wright,
Young.
Those who voted in the negative, are Messrs.
Bishop,
Boggess,
Calhoun,
Camron,
Conner,
Cox,
Culbertson,
Diamond,
Gordon,
Graham,
Guess,
Hammond,
Harris of Burke,
Heflin,
Henley,
Holmes of Baker,
McAfee,
McConnell,
McDonald,
Miller,
Morris,
Rainey,
Smith of Twiggs,
Speight,
Swain,
Vincent,
Watters,
Williams.
Echols of Walton, Jemeson,
Floyd, Loveless,
Gonder, Marsh,
Goode, Mays,
So the bill passed as amended.
Leave of absence was granted to the Senator from Baker,
after to-morrow, on special business, for the balance of the
session.
The following message was received from the House of
Representatives, by Mr, Cabaniss, their Clerk:
Mr. President:—The House of Representatives have con¬
curred with the Senate in their amendments to the bills of
the House—
To establish election districts, and to alter some already
established, in the several counties therein named, and to
regulate the same.
To authorise Seaborn N. Jones and Leonard C. Simpson,
and others, to plead and practise law in the several courts
of law and equity in this State, and to prescribe their liabil¬
ity touching the same.
To repeal an act to organise the Adjutant-General's office.
They have also passed the bill of the Senate, to change
318
the place of holding election precincts in the several counties
therein named. . c , Goriclfa
They have also concurred in the resolution o e ,
requiring the directors of the Central Bank to pay mcurren
funds, the scrip or evidences of debt issue J e mmis-
sioners of the Western and Atlantic ' an 0 er
purposes ; with an amendment, to whic ey as e con¬
currence of the Senate.
The following message was received from his Excellency,
the Governor, by Mr. Harris, his Secretary, to wit:
Mr. President:—His Excellency, the Governor, has ap¬
proved and signed the resolution of the Senate, bringing on
this day at the hour of seven o'clock, P. M., elections for
three commissioners of the Western and Atlantic Rail Road;
two directors of the Bank of the State of Georgia; two com¬
missioners, under the act to authorise the business of bank¬
ing, &c.; and a Brigadier-General of the first brigade fourth
division.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
Mr. President:—The House of Representatives have pass¬
ed a bill to alter and change the place of holding elections
in the county of Pulaski.
They have also agreed to a resolution requesting our Sen¬
ators and Representatives in Congress to procure the estab¬
lishment of a mail route from Irwinville to Pinder Town.
Also—A resolution authorising the Governor to furnish
the Tattnall Guards with swords and pistols.
To all of which they desire the concurrence of the Senate.
Mr. Bishop, from the Committee on Enrollment, reported
the following bills as duly enrolled and signed by the Spea¬
ker of the House of Representatives:
An act to amend an act entitled an act to regulate slaves
and free persons of color, in the counties of Mcintosh and
Liberty, assented to December 21st, 1839.
An act to repeal so much of an act entitled an act to
compensate the grand and petit jurors of certain counties
therein mentioned, so far as relates to the county of Eman¬
uel, assented to December 23d, 1837.
An act to authorise William B. Dudley, of the county of
Elbert, to establish a ferry across Broad River, on his own
land, and regulate the rates of ferriage thereof; and to reg¬
ulate the rates of ferriage of Henry E. Nash's ferry, on said
river.
An act to incorporate the Oxford Female Academy, in the
county of Newton, and to appoint trustees for the same.
An act to incorporate an academy in the city of St. Marys,
319
Camden county; also, to incorporate an academy in tlie
county of Cobb, and to appoint trustees for the same.
An act to compensate grand and petit jurors in the counties
of Ware and Chattooga; and to authorise the Inferior Courts
of said counties to levy an extra tax to pay said jurors.
An act to add the residence of John Mulkey, of the county
of Houston, to the county of Macon.
An act to create and establish a free system of Education,
by common schools, in the county of Bulloch.
An act to authorise the Justices of the Peace of the sev¬
eral districts within the corporate limits of the city of Ma¬
con, Bibb county, to hold their courts in the Cohrt House of
said county; and to authorise the Justices of the Peace to
require costs to be paid or secured before suits are com¬
menced.
An act to extend the corporate limits of the town of Mc-
Donough, in the county of Henry; and to confer upon the
commissioners of said town the right of assessing taxes upon
the citizens thereof, or the performance of road duties, as
the commissioners may deem expedient.
An act to consolidate the offices of receiver of tax returns
and tax collectors of this State, so far as relates to the coun¬
ties of Macon, Montgomery and Clark.
An act to extend the time for taking out grants for lands,
in the counties of originally Early, Irwin, Appling, Hall,
Habersham, and Rabun, and to provide for the disposition
of the same, if not granted within the time extended.
An act to authorise overseers of roads for Chattooga and
Rabun counties to appoint warners, and define their duties.
An act to make permanent the site of public buildings
and seat of justice for the county of Gilmer, in the town of
Ellijay, and to incorporate the same.
An act to authorise the sheriffs and clerks of Superior, In¬
ferior and Ordinary Courts of the county of Campbell, to
insert their advertisements in any of the public gazettes in
the Coweta circuit.
An act to point out the tribunal and mode for the trial of
questions of citizenship in certain cases, and to declare what
shall be evidence in the same.
An act for the relief of Felix Arthur, of Cass county.
An act to alter and amend the road laws of this State, so
far as relates to the county of Montgomery.
An act to change the names of certain persons therein
named, and to legitimatise the same.
An act to"exempt James Hall, sen. of Irwin county, from
the several provisions of the acts of the General Assembly
concerning pedlers, and to authorise him to engage in that
business without license.
An act to confirm the purchase of the bridges across the
Savannah river, at Augusta, by the city council of Augusta,
320
to vest in them certain rights and privileges
said bridges; and to amend the several acts mrelat, 0
the city council of Augusta and the court o 1
of said city; and to exempt certain persons from t e per¬
formance of jury and militia duty.
An act to authorise the Inferior Courts, so far as respects
the counties of Wilkinson and Floyd, to levy an extra tax
for county purposes.
An act to incorporate the several Academies herein named,
and to appoint trustees for the same, and to confer certain
rights and privileges upon the same.
The following bill of the House of Representatives was
taken up and read the first time, to wit:
A bill to alter and change the place of holding elections in
the county of Pulaski.
The following bills from the House of Representatives
were severally taken up, read the second time and referred
to a committee of the whole.
A bill to carry into operation the Lunatic Asylum of the
State of Georgia.
•A bill to compel persons who reside without the limits of
this State, who own, or may hereafter own, a plantation and
slaves in any of the counties of this State, to give in and pay
taxes for the same, in the county where the same are situated.
A bill touching election precincts in the county of Bibb.
A bill for the relief of William W. Stanford.
A bill to regulate the letting out and discontinuing of bridg¬
es, in the county of Hancock.
A bill to authorise Stith H. Ingram to establish a ferry
across Little River, on his own land, and to fix the rates of
toll for the same.
A bill to raise a tax for the support of Government, for
the year 1841, and from thence afterwards.
A bill to amend an act to alter and fix the time of holding
the Superior Courts in the Eastern district, &c.
A bill to point out and punish certain frauds therein spe¬
cified, and to render null and void such conveyances or trans¬
fers as may be thereby obtained.
A bill to authorise David D. Bostwick to keep up a ferry
across the Ocmulgee river, near the Long Shoals, on his
own land.
A bill to alter the militia laws of this State, so far as
relates to the 27th and 23d Regiments, in the county *of
Franklin.
A bill to provide payment for individuals who taught
school m the county of Hall, under the provisions of the poor
school law, in 1838, who have not been paid.
A bill to enable persons owning lands, to maintain the ac¬
tion of trespass, without being in the actual possession and
occupancy thereof, &c.
321
bill to repeal an. act to alter ancl amend an act} more
effectually to secure the solvency of all the banking institu¬
tions in this State, as passed on the 24th December, 1832
assented to December 21st, 1833. ' '
A bill to cause the line between the counties of Walker
and Dade to be run, and to provide for the payment of the
same.
A bill for the relief of John H. Mount.
A bill to alter and amend the third, seventh, and twelfth
sections of the first article, and third section of the third
article, and fifteenth section of the fourth article of the Con¬
stitution.
A bill to incorporate the several churches therein named.
A bill to change the name of the Farmers' Bank of Chat¬
tahoochee, and for other purposes.
A bill to authorise the sheriffs of the counties of Decatur,
Thomas, Lowndes, Ware and Wayne, to sell the fractions
in said counties and for other purposes, passed the 23d De¬
cember, 1839.
On motion,
The Senate adjourned to 7 o'clock, P. M.
Seven o'clock, P. M.
The Senate met pursuant to adjournment.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerks
Mr. President:—The House of Representatives have
passed the bill of the Senate, to authorise the return of sher¬
iffs, constables, coroners, and Justices of the Peace, to be
traversed; and to point out the manner in which the same
shall be made.
I am also 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
evening.
On motion of Mr. Echols, of Walton,
'The Senate repaired to the Representative Chamber, and
•both branches of the General Assembly proceeded to the
election of three commissioners for the Western and Atlantic
Rail Road; and on receiving and counting out the ballots, it
appeared that David Irwin, Joel Crawford, and James Lid-
dell, were duly elected. ' ,
Also—Two directors for the Bank of the State of Georgia;
and on receiving and counting out the ballots, it appeared
that G. B. Lamar and Simmons Crawford, were duly elected.
322
Also To the election of two commissioners, under the
Also j.o me eiecuo v.ankin<*; and on receiving
law authonsing the busmessof ban ^ wmiam £
and counting out the tallou,it »PPere dul elected.
Hansell and Benjamin 1. neunin , . -i- ^ i r
And also—To the election of a Bngato«»r jto
c + u • j Cotirth division, G. M.; ana on. receiving ana
first brigade it appeared that James N. Wing-
counting out the Dauuw, 6
field was duly elected.
The Senate then returned to their chamber, and on motion,
adjourned to nine o'clock, to-morrow morning.
SATURDAY MORNING, DECEMBER 19,1849.
The Senate met pursuant to adjournment.
Mr. Beall moved to reconsider so much of the Journal of
yesterday, as relates to the laying on the table for the balance
of the session, the bill to authorise the sale of scrip or cer¬
tificates of State debt, by his Excellency the Governor of
this State; and to place the proceeds of the sale thereof in
the Central Bank of Georgia, to be loaned out by the direc¬
tors thereof, under certain restrictions; and to provide a
permanent fund for the redemption of the principal and; in¬
terest accruing on said bonds.
On which motion, the yeas and nays were required to be
recorded, and are yeas 41, nays 44.
Those who voted in the affirmative, are Messrs.
Beall,
Bishop,
Boggess,
Bostwick,
Bryan of Macon,
Camp,
Camron,
Cone,
Conner,
Cox,
Culbertsony
Diamond,
Echols of Coweta,
Echols of Walton,
Graham,
Guess,
Hammond,
Heflin,
Henley,
Holmes of Baker,
Jemeson,
Kimzey,
Lindsay,
Loveless,
Mays,.
McAfee,
McConnell,
Morris,
Rainey,
Reeves,
Robertson,
Smith of Twiggs,
Speight,
Stapleton,
Strickland of Ware,
Tomlinson,
Walker,
Warthen,
Watters,
Williams,
Young.
Those who voted in the negative are Messrs.
Beasley,- Blackshear, Bryan of Stew»n*T
323
Bulloch,
Calhoun,
Carter,
Chastain,
Christian,
Creach,
Dawson,
Dunagan,
Floyd,
Fryer,
Glover,
Godard,
Gonder,
Goode,
Gordon, Moore,
Griggs, Neal,
Harris of Burke, Reid,
Harris of Taliaferro,Smead,
Harris of Warren, Smith of Bryan,
Holmes of Houston,Spencer,
Janes,
Jones,
Kennon,
Knight,
Marsh,
McDonald,
Miller,
Minter,
Strickland of Tatt¬
nall,
Thomas,
Vincent,
Waldhour,
Williamson,
Wiggins,
Wright.
The Senate refused to reconsider.
Mr. Gordon moved to reconsider so much of the Journal
of yesterday, as relates to the passage of the bill to define
the liability of the several Rail Road Companies in this State,
for the loss of stock killed or wounded by the running of
cars or locomotives on their roads respectively, and to regu¬
late the proceedings in such cases.
On which motion, the yeas and nays were required to be
recorded, and are yeas 34, nays 39.
Those who voted in the affirmative, are Messrs.
Bishop,
Boggess,
Bostwick,
Calhoun,
Camp,
Camron,
Chastain,
Culbertson,
Diamond,
Echols of Coweta,
Echols of Walton,
Gordon,
Guess,
Harris of Burke,
Heflin,
Jemeson,
Knight,
Loveless,
Marsh,
Mays,
McAfee,
McConnell,
McDonald,
Morris,
Rainey,
Robertson,
Smith of Twiggs,
Speight,
Vincent,
Walker,
Watters,
Williams,
Williamson.
Floyd,
Those who voted in the negative, are Messrs.
Harris of Taliaferro,
Harris of Warren,
Holmes of Houston,
Janes,
Jones,
Kennon,
Lindsay,
Beall, Cox,
Beasley, Creach,
Blackshear, Dawson,
Bryan of Macon, Dunagan
Bryan of Stewart, Fryer,
Bulloch, Glover,
Carter, Godard,
Christian, Goode,
Cone, Griggs,
Minter,
Moore,
324
Sro^ad, nall<
Smith of Bryan,
StrickWofTatt-To^on,
Strickland of Ware,Warthen,
Spencer, Thomas, ^rggms.
Stapleton,
So the Senate refused to reconsider.
The Senate took up the report of the Committee of the
Whole, on the bill abolishing the election precincts in the
rrmntv of Jasper; the report was agreed to ; the bill was
read the third time.
And the question, shall this bill now pass ? the yeas and
nays were required to be recorded, and are yeas 45, nays 33.
Those who voted in the affirmative, are Messrs.
Beall, Gonder, Smead,
Beasley, Goode, Smith of Bryan,
Blackshear, Griggs, Spencer,
Bryan of Macon, Harris of Taliaferro,Stapleton,
Harris of Warren, Strickland of Tatt-
Holmes of Houston, nail,
Bryan of Stewart,
Bulloch,
Calhoun, Janes,
Carter, Jones,
Christian, Kennon,
Cox, Knight,
Creach, Lindsay,
Dawson, Miller,
Floyd, Minter,
Fryer, Moore,
Glover, Reid,
Godard,
Those who voted in the negative, are Messrs.
Strickland of "Ware,
Thomas,
Tomlinson,
Vincent,
Waldhour,
Warthen,
Williamson,
Wiggins,
Wright.
Bishop, Echols of Coweta,
Boggess, Echols of Walton,
Bostwick, Gordon,
Camp, Guess,
Camron, Hammond,
Chastain, Heflin,
Cone, Jemeson,
Conner, Kimzey,
Culbertson, Loveless,
Diamond, Marsh,
Dunagan, Mays,
So the bill passed under the title thereof.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary, to wit:
Mr. PresidentHis Excellency, the Governor, has as¬
sented to and signed a resolution authorising the Directors
of the Central Bank to pay in current funds, the scrip, or
McAfee,
McConnell,
McDonald,
Morris,
Rainey,
Reeves,
Robertson,
Smith of Twiggs,
Speight,
Walker,
Watters.
325
other evidence of debt) issued and due by the Commission¬
ers of the Western and Atlantic Rail Road, other than that
scrip which is payable in State bonds—which I am directed
to return to the Senate, where it originated.
Mr. Calhoun, Chairman of the Committee on the state of
f the Republic, laid the following report on the table, to wit:
, The committee to whom were referred the resolutions of
the State of Connecticut, ask leave to make the following
report:
The resolutions suggest, first, that the Senators and Rep-
1 resentatives in Congress resist by all constitutional means,
every attempt to destroy or impair, the protective policy of
our Government. Secondly, to use their efforts to procure
the passage of such laws as will effectually protect the labor
of this country from the policy and the legislation of foreign
governments.
„ The subject matter of these resolutions is not of recent
origin, or ordinary importance. They had our reflections to
the years 1816, '24, '28, and revere in our minds, the .rise,
progress, and condition of the protective system.
We had thought that upon this subject, the voice of the
South had been so frequent and so fervently expressed, that
it would be unnecessary for us to speak again upon it.—
The principles and sentiments maintained by our people in
their primary assemblies, and our legislatures at their annual
sessions, are such as we of this day religiously believe to be
both constitutional and just.
The first protective act brought with it as an apology, the
disasters of a foreign war, which had both destroyed the
trade of our northern brethren and involved the General
Government in a heavy debt. Under these circumstances
it became necessary that Congress should "raise revenue"
for the support of the Government, and to defray the debt
in which the return of peace found us.
A moderate pittance was at first modestly asked by the
manufacturers. Appeals were made to our liberality, and
we were solicited to grant them as a boon, that the money
to be raised to pay off the debts of the Government, should
be raised by duties on such articles as were produced by
them ; and we were told that such a measure would enable
them/ in a few years, to contend successfully with foreign
factories. This was granted but did not satisfy them ; im¬
posts after imposts were sought and imposed every four
years (for the tariff revolved in an orbit of four years) until
the year 1828, when the South became too restive longer to
endure these impositions; and the unyielding oppositions
made to the tariff act, produced in 1832, what is commonly
called the compromise act. Agreeably to this law the tariff
reaches its rp^nnnm in tjie year 1842, and the resolutions
326
from the Legislature of Connecticut are not ung or
less than a prelude t6 another high protective ar . e
regard them as the index of their wishes on this su jec , and
which must be met by the South in a determined, resolute
manner. It would be useless to raise the question of pro¬
priety, or impropriety, when pecuniary interests are at stake
—but in reference to this subject we would say, that if the
people of the North yet entertain any emotions of friendship
or iratitude towards the South, they can show it in this mat¬
ter.45 We endured this odious system of protection so long-
as forbearance was a virtue; and it is now the duty of our
northern friends to adhere to the compromise which quieted
the people of the South, when this measure of iniquity had
nearly driven them to violence and blood. Having entered
upon the compromise, we have most sacredly complied with
its terms; and should the necessity of our country absolute¬
ly require an increase of duties for the purpose of defraying
the expenses of the Government, as good citizens of this
Republic, we are ready, without a word of complaint, to
pay our proportion.
Independent of the oppressiveness of the measure, we
deny its constitutionality ; and to the advocates of the mea¬
sure we appeal to show us that part of the Constitution
whence they derive the authority to impose duties for the
protection of domestic labor. Can the authority be claimed
on the right which Congress has to regulate commerce?
The right to regulate commerce between the several States,
the Indian tribes, and foreign nations, does exist; but it is
obvious the object of vesting this power in Congress was to
prevent the conflicting arrangements which might result if
the several States were to regulate commerce in their respec¬
tive limits. A protective system cannot be claimed under this
clause of the Constitution, from the fact that an increase of
duties would be followed by a decrease of revenue, and
ultimately, a total annihilation of commerce; which would
be to destroy that which the Constitution only empowers
Congress to regulate.
But agreeably to the Constitution, the right must be ex¬
pended equally to all; for duties must be equal and uniform.
Then, while the North is asking protection for her manufac-
tuies, the West may, with as much propriety, claim such
duties on the products of other portions of the globe, as will
effectually protect them in the products of their particular
section; and the South might ask the imposition of heavy
duties on sugar, ium, and molasses, for the purpose of pro¬
tecting southern agriculture.
Any other system than that bearing equally on every sec¬
tion of our country, would be unjust and unconstitutional.
Wc remark t*gain, that if the right to impose duties for the
purpose of protection, cannot be pointed out_distinctly, it
$27
must be unconstitutional; for the explicit and unequivocal
declaration of the Constitution is—that all powers not dele¬
gated, are reserved to the respective States, or to the people.
If any further appeal were necessary, we would conjure
our fellow citizens by every motive of patriotism, by their
regard for this glorious Union, the perpetuity of our institu¬
tions, and the hopes of the Republic, to allow this exciting
subject to slumber, lest in the excitement of the subject they
should again kindle the smouldering embers that may burn
to our utter destruction. Therefore,
Resolved, That any tariff for the protection of domestic
labor, is unconstitutional and unjust.
Resolved,, That while we will submit to imposts commen¬
surate to the wants of the Government, we deem any fur¬
ther increase of such duties, an usurpation of federal power,
and an imposition worse than colonial oppression, and as
freemen, we can not, will not submit to them.
The Senate took up the report of the Committee of the
Whole, on the bill to add an additional section to the eighth
division of the penal code of the State of Georgia ; and to
provide for the punishment of free white persons for receiv¬
ing stolen goods from negroes and free persons of color ; the
report was agreed to; the bill read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to make it the duty of the Judge of the
Superior Court of the Coweta circuit to continue the court in
Troup county two weeks ; the report was agreed to; the bill
read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to authorise and empower the Justices of
the Interior Court of Habersham county, to levy an extra
tax for county purposes ; the report was agreed to; the bill
read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to prevent persons from obstructing the
free passage of fish up the Altamaha river, by the use ol gill
nets or seins over fifty feet in length ; the report was agreed
to; the bill was read the third time and passed.
The Senate took up the report of the Committee of the
Whole, on the bill to incorporate Post Oak Level Academy,
and to appoint trustees for the same; and also, Amsden
Academy, in Columbia county ; the report was agreed to ,
the bdl read the third time and passed.
Mr. Moore, chairman of the Select committee appointed,
made' the following report; which was taken up read and
agreed to, viz :
The select committee to whom was referred, the commu¬
nication off bis Excellency the Governor, in relation to the
328
record of Grants in the office of the Secretary of Sta e, ronr
the year 1783, to 1792, beg leave to malre the to owing
report:—They find that the errors set forth in the letter of
the Secretary of State to his Excellency the Governor, do
exist to a great extent, and that the original records, or a
large portion of them, are jiow in the office of the Secretary of
State. They have examined and compared a portion of the
record with the originals, and find that they do not agree. In
many instances the name of the Governor not appearing on
the records where it appears on the original. _ In some places
the number of acres contained m the original grant, is not
correctly transcribed on the record m other cases the boun¬
daries are erroneously transcribed.
They also suggest the propriety of having the whole of
the record of Grants, from the year 1783, to the present time,
examined and compared with the records, and in all in¬
stances where the name of the grantee is not entered on the
index, for the same to be done. 1 our committee therefore,
recommend the following resolutions:
Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That his Excel¬
lency the Governor, be, and is hereby authorised to employ
two fit and competent persons to examine and correct the
Record of Grants* from the year one thousand seven hun¬
dred and eighty-three, to the year one thousand seven hun¬
dred and ninety-two. And that he be authorised to pay, in
his discretion, to said persons, a sum not exceeding four hun¬
dred dollars in the whole, for their services, out of the con¬
tingent fund.
And be it funlier resolved, That it shall be the duty of the
persons so employed, to keep a journal of all the corrections
made, with reference to the books and page on which such
corrections may be made; also, of that portion of the origin¬
als which have been lost, or are so mutilated that an exami¬
nation cannot be made.
And be it' further resolved, That it shall be the further duty
of such persons so employed, to examine the indexes to the
Records of Grants, from the year one thousand seven hun¬
dred and eighty-three, to the present time, and when it
appears that they are not complete, to make them so.
Mr. Wiggins laid the following on the table, which was
read and agreed to :
Whereas, it is desirable to ascertain whether the citizens
of Wayne county are in favor of removing the public site of
said county. Therefore
Be it resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That William Drow-
dy and Caleb Pendarvis, in the 333d district; and Robert
Stafford, in the 334th district; and Harley Jones and James
329
33. Lewis, in the 335th district, be and they are hereby ap—
appointed commissioners, to ascertain such fact, and to se¬
lect and recommend some suitable place, if it is desirable, to
remove, and fix the Court House at any other than the pre¬
sent location, and report the same to the next Senator and
Representative, with a request that they use their exertions
to have a law passed to carry the same into effect.
The Senate took up the report of the Committee of the
Whole, on the bill to regulate the trial of divorce cases ; the
report was agreed to; the bill was read the third time and
passed.
The Senate took up the report of the Committee of the
Whole, on the bill to alter and change the names of certain
persons therein named, and to legitimatise the same; the
report was agreed to; the bill was read the third time, and
passed.
Mr. Gordon laid the following resolution on the table,
which was taken up, read and agreed to, to wit:
Whereas, the Secretary of the Senate, at this stage of the
session, is necessarily engaged in attesting bills and resolu¬
tions, and cannot at all times be at his desk :
Be it therefore resolved, That Charles J. Williams be, and
he is hereby appointed Secretary pro tempore.
The Senate took up the report of the committee of the
whole, on the bill to authorise Joseph Wilson, of Cass coun¬
ty, to establish a toll bridge across the Oostenauly river, on
his own land, and to fix the rate of toll on the same; the
report was agreed to as amended; the bill read the third
time and passed.
The Senate took up the report of the committee of the
whole, on the bill to incorporate the Sandy Spring Academy,
in the county of Murray, and to appoint trustees for the same;
the report was agreed to as amended; the bill was read the
third time and passed.
The Senate took up the report of the committee of the
whole, on the bill to establish an additional precinct in the
county of Murray; the report was agreed to as amended;
the bill was read the third time and passed.
The Senate took up the report of the committee of the
whole, on the bill to authorise the Justices of the Inferior
Court of Oglethorpe county, to levy an extra tax for the
purpose of building a new jail in said, county; the report
was agreed to; the bill read the third time and passed.
The^Senate took up the report of the committee of the
whole, on the bill declaratory of the force and validity of
all executions or judgments, issued or entered up in behalf
of copartners or against copartners where the partnership
style is used or set forth, and the christian or surname of
the partners omitted ; and also to declare the force of bonds
made to partnerships usingjhe common name or style ; the
330
report was agreed to; the bill was read the third time and
P Mr. Bishop, from the Committee on Enrollment, reported
as duly enrolled and signed by the Speaker o ie ouse of
Representatives, the following bills, to _wit.
An act to authorise the sheriff of Meriwether county to sell
the State's interest in lot of land No. 23, in the eleventh dis¬
trict of formerly Troup now Meriwether county ; and the
sheriffs of the several counties in this State to sell all land in
their respective counties, in which the State may have an
interest derived from fraudulent draws.
An act to repeal an act entitled an act to consolidate the
offices of tax collectors and receivers of tax returns, so far as
relates to the counties of Baldwin, Chattooga, Franklin, Gwin¬
nett, Heard, Upson, Wilkes, Mcintosh, Thomas, Jefferson,
Cobb, Hancock, Dooly, and Marion, passed on the 9th day of
December, 1839, so far as relates to the county of Upson.
An act to change the place of holding elections, from Hen¬
derson's to the White Sulphur Springs, both in the third dis¬
trict of Meriwether county.
An act to amend the second section of an act, entitled an
act for the better protection of orphans and their estates,
passed on the 18th day of February, 1799, approved 22d De¬
cember, 1828.
An act to repeal so much of an act, passed 23d Decem¬
ber, 1839, as relates to the names of certain persons, and to
alter the names of the same; and to legitimatise them and
others herein named, and make them legal and lawful heirs
of their reputed father.
An act to form additional precincts in the county of Hous¬
ton.
An act to amend an act to be entitled an act to grant to
Thomas Spalding and his associates, the right of construct¬
ing a rail road of wood or digging a canal from the Ocmulgee
to the Flint river, with certain privileges.
An act to establish certain election precincts, and to change
others therein named.
An act to be entitled an act to repeal an act entitled an
act to establish election districts in the several counties there¬
in named, so far as relates to the county of Harris.
An act to explain an act, entitled an act to amend an act
to compensate the superintendents of precinct elections of
Troup, Harris, and Richmond counties, assented to Decem¬
ber the 23d, 1839, so far as it relates to the county of Troup.
The Senate took up the report of the committee of the
whole, on the bill to grant the rights of citizenship to certain
persons and their descendants, of the Cherokee tribe of In¬
dians, herein named, and to remove all legal disabilities
heretofore imposed on said tribe of Indians, so far as respects
said persons.
331
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 34, nays 36.
Those who voted in the affirmative, are Messrs.
Beall, Dunagan, McAfee,
Blackshear, Fryer, McConnell,
Bryan of Macon, Hammond, Miller,
Bulloch, Harris of Taliaferro,Minter,
Camp, Heffin, Morris,
Camron, Jemeson, Reeves,
Carter,^ Jones, Smead,
Chastain, Kennon, Strickland of Ware,
Christian, Knight, Thomas,
Cox, Loveless, Warthen,
Dawson, Marsh, Watters.
Diamond,
Those who voted in the negative, are Messrs.
Beasley, Griggs, Reid,
Bishop, Guess, Robertson,
Bryan of Stewart, Harris of Burke, Smith of Twiggs,
Calhoun, Harris of Warren, Spencer,
Cone, Holmes of Baker, Stapleton,
Creach, Janes, Strickland of Tatn'll
Floyd, Kimzey, Tomlinson,
Glover, Mays, Vincent,
Godard, McDonald, Williams,
Goode, Moore, Williamson,
Gordon, Neal, Wiggins,
Graham, Rainey, Young.
So the bill was lost.
The Senate took up the report of the committee of the
whole, on the bill to add the residence of Ely Jones, now
in the county of Clark, to the county of Walton ; also, to add
the residence of Jolm S. Means, of Walton, to the county
of Newton; the report was agreed to with an amendment;
the bill read the third time and passed.
The Senate took up the report of the committee of the
whole on the bill to repeal an act entitled an act to alter an
act for the better selecting grand and petit jurors for the sev¬
eral counties in this State, passed on the 7th day of Decem¬
ber, 1805, so far as respects the counties of Floyd, Walker,
Gilmer, Union, Lumpkin, Forsyth, Cass, Cherokee, Paul-
din"-, a'nd Cobb, assented to December 22cl, 1835; the re¬
port' was agreed to; the bill was read the third time and
T)1SS6CI*
The following bills were taken up, read the second time
and referred to a ''.nm m i ttcmofLthogwhole:
332
A bill to alter and change the place of holding elections
in the county of Pulaski.
A bill to set apart a fund for the payment of the interest
of the public debt of the State of Georgia, and the gradual
reduction and ultimate payment of the principal.
The Senate then adjourned until 3 o'clock, this afternoon.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate took up the report of the committee of the
whole, on the bill to appropriate money for the political
year 1841.
Mr. Dunagan moved to strike out seven dollars, as the pay
to the President and Speaker.
On which motion, the yeas and nays were required to be
recorded, and are yeas 15, nays 63.
Those who voted in the affirmative, are Messrs.
Camp, Dunagan, Miller,
Carter, Echols of Coweta, Morris,
Cone, Glover, Walker,
Conner, Godard, Williamson,
Cox, Harris of Warren, Wright.
Diamond, Jones,
Those who voted in the negative, are Messrs.
Beall, Goode, McConnell,
Beasley, Gordon, McDonald,
Bishop, Graham, Minter,
Blackshear, Griggs, Moore,
Boggess, Guess, Neal,
Bryan of Macon, Hammond, . Rainey,
Bryan of Stewart, Harris of Burke, Reid,
Bulloch, Harris of Taliaferro, Robertson,
Calhoun, Heffin, Smead,
Camron, Henley, Smith of Twiggs,
Chastain, Holmes of Baker, Speight,
Christian, Jemeson, Spencer,
C reach, Kennon, Stapleton,
Crosby, Kimzey, Strickland of Tatt-
Culbertson, Lindsay,
Dawson, Loveless, Strickland of Ware,
Echols of Walton, Marsh, Swain
Floyd, Mays, Thomas,
Fryer, McAfee, Tomlinson
333
Vincent, Williams,
Watters, Wiggins,
So the Senate refused to strike out.
Young.
Mr. Miller, moved to strike out five dollars, as the pay of
members.
On which motion, the yeas and nays were required to be
recorded, and are yeas 22, nays 57.
Those who voted in the affirmative, are Messrs.
Camp, Glover, Miller,
Carter, Godard, Moore,
Cone, Goode, Morris,
Cox, Harris of Burke, Smead,
Diamond, Harris of Warren, Thomas,
Dunagan, Jones, Walker,
Echols of Coweta, Mays, Williamson,
Echols of Walton, McConnell, Wright.
Those who voted in the negative, are Messrs.
Beall,
Beasley,
Bishop,
Blackshear,
Boggess,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Calhoun,
Camron,
Chastain,
Christian,
Conner,
Creach,
Crosby,
Culbertson,
Dawson,
Floyd,
Fryer,
Gordon,
Graham,
Griggs,
Guess,
Hammond,
Neal,
Rainey,
Reeves,
Reid,
Robertson,
Harris of Taliaferro, Smith of Twiggs,
Heffin,
Henley,
Holmes of Baker,
Jemeson,
Janes,
Kennon,
Kimzey,
Lindsay,
Loveless,
Marsh,
McAfee,
McDonald,
Minter,
Speight,
Spencer,
Stapleton,
Strickland of Tatt¬
nall,
Strickland of Ware,
Swain,
Tomlinson,
Vincent,
Waldhour,
Watters,
Wiggins,
Young.
So the Senate refused to strike out.
Mr. Williams moved to strike out three' thousand dollars
as an appropriation to the Penitentiary, for the purpose of
inserting twenty thousand dollars, as a loan.
On which motion, the yeas and nays were required to be
recorded, and are yeas 56, nays 15.
Those who voted in the affirmative, are Messrs.
jjeall, Bishop, Bryan of Macon,
Beasley,
Boggess,
Bulloch,
334
Calhoun,
Camp,
Camron,
Carter,
Chastain,
Christian,
Conner,
Cox,
Creach,
Crosby,
Culbertson,
Dawson,
Diamond,
Dunagan,
Echols ol Walton,
Fryer,
Gordon,
Graham,
Guess,
Hammond,
Harris of Burke,
Heflin,
Holmes of Baker,
Jones,
Kennon,
Kimzey,
Knight,
Lindsay,
Loveless,
Marsh,
Mays,
McConnell,
McDonald,
Miller,
Minter,
Moore,
Morris,
Rainey,
Reid,
Speight,
Spencer,
Strickland of Ware,
Swain,
Thomas,
Vincent,
Waldhour,
Walker,
Watters,
Williams,
Wiggins.
Those who voted in the negative, are Messrs.
Blackshear,
Bryan of Stewart,
Cone,
Echols of Coweta,
Glover,
Godard,
Goode,
Griggs,
Janes,
Neal,
Smead,
Smith of Twiggs,
Stapleton,
Williamson,
Young.
The Senate agreed to strike out and insert.
On motion,
The report was ordered to lie on the table until Monday
next.
The following message was received from his Excellency
the Governor, by Mr. Home, his Secretary :
Mr. President:—His Excellency the Governor has assented
to and signed the following acts which originated in this
branch of the General Assembly, to wit:
An act to exempt James Hall, senior, of Irwin county,
from the several provisions of the acts of the General As¬
sembly, concerning pedlers, and to authorise him to engage
in that business without license.
An act to repeal so much of an act to compensate the
grand and petit jurors of certain counties therein mentioned,
so far as relates to the county of Emanuel, assented to De¬
cember 23d, 1837.
An act to amend an act entitled an act to regulate slaves
and free persons of color, in the counties of Mcintosh and
Liberty, assented to December 21st, 1839.
Mr. Beall, Chairman of the Joint Standing Committee on
Finance, laid the following report on the table, which was
taken up, read and agreed to, to wit:
335
The Joint Standing Committee on Finance, to whom wa§
referred a money demand in favor of the Penitentiary au>-
thorities against the building committee for the Government
House, have examined the claims, and submit the following
report:
It appears that the Penitentiary department claim pay¬
ment from the building committee for the Government House,
in the sum of five hundred and fifty-eight dollars eighty-one
and one-fourth cents, on account of work and labor done
and materials furnished, in the year 1838. The sum thus
claimed appears to be due and owing. The whole amount
appropriated for the Government House has been exhausted,
and no fund remains from which the account can be paid.
We,, therefore, recommend the adoption of the following
resolution:
Resolved, That the Central Bank be, and it is hereby au¬
thorised and required to pay the Inspectors of the Peniten¬
tiary, for the use of the Penitentiary, the sum of five hun¬
dred and fifty-eight dollars eighty-one and one-fourth cents,
for work and labor done and materials furnished, in the year
1838, for and on account of an indebtedness created by the
building committee for the Government House ; and that the
same be inserted' in the appropriation act, and to be paid
upon the warrant of his Excellency the Governor.
Mr. Miller laid the following, resolution on the table, which
was taken up, read and agreed to, viz:
Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That his Excel¬
lency^ the Governor, be and he is hereby requested to have
the two portraits hanging in the Senate Chamber, secured so
as to prevent their falling: and that he pay for the same out
of the contingent fund.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
Mr. President:—'The House of Representatives have passed
a bill to protect the slave population of the people of the State
of Georgia, by compelling vessels owned or commanded by
citizens of, or coming from the ports of the State of Maine,
and the officers, seamen and passengers thereof, to perform
quarantine, and provide for a search thereof on their de¬
parture.
The Senate took up the resolution in the report of the
Committee on the state of the Republic, relative to instruct¬
ing our Senators and Representatives in Congress to use their
best endeavors to procure such an amendment of the Con¬
stitution of the United States as will restrict the eligibility
of the President of the United States, to a single term.
336
On the passage of which, the yeas and nays were re¬
quired to be recorded, and are yeas 33, nays 45.
Those who voted in the affirmative, are Messrs.
Beasley, Goode, Neal,
Blackshear, Griggs, j r m
Bryan of Stewart, Harris of Burke, Strickland of 1 att?
Calhoun, Harris of Warren, nail,
Carter, Janes, Thomas,
Christian, Jones, Vincent,
Cox, Kennon, Waldhour,
Dawson, Knight, Warthen,
Floyd, Miller* Williams,
Fryer, Minter, Williamson,
Glover, Moore, Wright.
Godard,
Those who voted in the negative, are Messrs.
Beall, Echols of Walton, McDonald,
Bishop, Gordon, Morris,
Boggess, Graham, Rainey,
Bostwick, Guess, Robertson,
Bryan of Macon, Hammond, Smith of Twiggs,
Camp, Heflin, Speight,
Camron, Henley, Spencer,
Chastain, Jemeson, Stapleton,
Cone, Kimzey, Strickland of Ware,
Conner, Lindsay, Swain,
Creach, Loveless, Tomlinson,
Culbertson, Marsh, Walker,
Diamond, Mays, Watters,
Dunagan, McAfee, Wiggins,
Echols of Coweta, McConnell, Young.
So the resolution was rejected.
Leave of absence was granted to the Senator from Meri¬
wether county, for the balance of the session.
The Senate adjourned to 7 o'clock, this evening.
Seven o'clock, P.M.
The Senate met pursuant to adjournment.
The following bill was taken up, read, and three hundred
copies ordered to be printed, viz :
A bill to protect the slave population of the people of
the State of Georgia, by compelling vessels owned or com-
337
manded by citizens of, or coming from the ports of the State
of Maine, and the officers, seamen and passengers thereof,
to perform quarantine, and to provide for a search thereof
on their departure*
The Senate took up the report of the committee of the
whole, on the bill for the relief of executors, administrators and
guardians, in certain cases ; and to prescribe and define ad¬
ditional dudes and liabilities of the Clerks of the Courts of
Ordinary, in this State; the report was amended and agreed
to ; the bill read the third time and passed.
The Senate took up the report of the committee of the
whole, on the bill for the relief of securities ; the report was
agreed to; the bill was read the third time and passed.
The Senate took up the report of the committee of the
whole, on the bill to amend an act incorporating the city of
Darien, assented to 3d of December, 1821; and also, all
acts relative thereto; the report was agreed to; the bill was
read the third time and passed.
The Senate took up the report of the committee of the
whole, on the bill to authorise the Inferior Court of Jasper
county to levy an extra tax on the citizens of said county,
to enable said court to pay for the erection of a Court House
in said county; the report was agreed to; the bill was read
the third time and passed.
The Senate took up the report of the committee of the
whole, on the bill to amend an act entitled an act to incor¬
porate the Mossy Creek Methodist Camp Meeting Ground,
in the county of Habersham, passed 24th December, 1832,
and to appoint trustees for said Camp Meeting Ground; the
report was agreed to; the bill was read the third time and
passed.
The Senate took up the report of the committee of the
whole, on the bill to authorise the clerk of the Inferior Court
of the county of Clark, to advertise Estrays in one of the
gazettes published in Athens; the report was agreed to; the
bill was read the third time and passed.
The Senate took up the report of the committee of the
whole, on the bill to repeal so much of an act entitled an act
to authorise the Justices of the Inferior Courts of the sever¬
al counties in this State, to create and lay out any new dis¬
tricts, or change and alter the lines of those already laid out,
assented to 23d December, 1839, so far as relates to the
county of Cherokee; the report was agreed to; the bill was
read the third time and passed. ;
The Senate took up the report of the committee of the
whole, on the bill amendatory to an act, approved 8th De¬
cember, 1830; the report was agreed to; the bill was read
the third time and passed. ' ■ ' . - V
The Senate took up the report of the committee ot the
whole, on the bill to attach the volunteer company in Macon
338
county, called the Flint River Blues, tothe
of the eighth division, G. M.; the report wa g '
bill was read the third time and. passed-
The Senate took up the report of the committee ol the
whole, on the bill to amend an act entitled an act to incor¬
porate the Habersham IronWorks and Manufacturing Com¬
pany, passed 25th December, 1837 ; the report was agreed
to • the bill was read the third time and passed.
The Senate took up the report of the committee of the
whole, on the bill to authorise Thomas R. Huson and Com¬
pany, to erect a bridge across the river Etowah, in the coun¬
ty of Cass, and to charge and collect toll at the same; the
report was agreed to; the bill was read the third time and
passed.
Mr. Gordon presented the petition of Reuben Marsh; which
was referred to a select committee, consisting of Messrs.
Gordon, Miller, and Harris, of Burke, without being read.
The Senate took up the report of the committee of the
whole, on the bill to compensate grand and petit jurors of
the county of Dooly; the report was agreed to; the bill read
the third time and passed.
The Senate took up the report of the committee of the
whole, on the bill to appoint additional trustees for Haber¬
sham County Academy; the report was agreed to; the bill
was read the third time and passed.
The Senate took up the report of the committee of the
whole, on the bill to amend an act entitled an act to give to
masons and carpenters an incumbrance for debts due on ac¬
count of work done or materials furnished in building or re¬
pairing houses, on such houses and the premises to which
they may be attached; and to repeal all laws on this sub¬
ject, so far as relates to the counties of Richmond and Mcin¬
tosh, and in the cities of Savannah, Macon and Columbus,
passed 22d December, 1834, so as to give to painters in the
city of Columbus, the like security for debts due on account
of painting done on houses in said city; the report was
agreed to; the bill read the third time and passed.
The Senate took up the report of the committee of the
whole, on the bill to repeal a part of an act to compensate
the grand and petit jurors of the Superior and Inferior Courts
of the several counties therein named, and to provide for
the payment of the same, assented to the 23d December,
1837 ; the report was agreed to ; the bill read the third time
and passed.
The Senate took up the report of the committee of the
whole, on the bill to alter and change the name of James
Riley Bryant, of Pulaski county, to that of James Riley
Dykes, and to legitimatise the same; the report was agreed
to; the bill read the third time and passed.
339
The Senate took up the report of the committee of the
whole, on the bill to incorporate Bainbridge Female Acade¬
my, in the county of Decatur; the report was agreed to as
amended; the bill read the third time and passed.
The Senate took up the report of the committee of the
whole, on the bill to incorporate Beach Spring Academy, in
the county of Harris, and to appoint trustees for the same;
tire report was agreed to; the bill read the third time and
passed.
The Senate took up the report of the committee of the
whole, on the bill to repeal an act to alter and fix the time
of holding the Inferior Courts in the county of Twiggs; the
report was agreed to; the bill was read the third time and
passed.
The Senate took up the report of the committee of the
whole, on the bill to make William W. Ellison, the adopted
son of James Ellison, of Bibb county, and to make him ca¬
pable of inheriting as heir at law to the said James Ellison;
the report was agreed to; the bill was read the third time
and passed.
The Senate took up the report of the committee of the
whole, on the bill to extend the corporate limits of the town
of Bainbridge; the report was agreed to ; the bill was read
the third time and passed.
The Senate took up the report of the committee of the
whole, on the bill to repeal an act entitled an act to com¬
pensate persons who may be compelled to attend the Supe¬
rior Courts of this State, as witnesses, in behalf of the State,
in counties other than where such person or persons may
reside; the report was agreed to; the bill read the third time
and lost.
The Senate took up the report of the committee of the
whole, on the bill to incorporate the village of Houston, in
the county of Heard, and to make permanent the election
precinct at said place ; the report was agreed to; the bill
read the third time and passed.
The Sena te took up the report of the committee of the
whole, on the bill to repeal the proviso of the second section
of an act, entitled an act to consolidate the offices of tax
collectors and receivers of tax returns, in the several coun¬
ties therein named, assented to December 25th, 1837, so far
as the same relates to the county of Lumpkin; the report
Was agreed to; the bill read the third time and passed.
The Senate then adjourned to nine o'clock, Monday morn¬
ing next.
340
MONDAY MORNING, December 21, 1840.
The Senate met pursuant to adjournment.
Mr. Chastain moved to reconsider so much of the Journal
of Saturday, as relates to the rejection of the bill to grant
the rights and privileges of citizenship to certain persons,
and their descendants of the Cherokee tribe of Indians
herein named, and to remove all legal disabilities heretofore
imposed on said tribe of Indians, so far as respects said
persons.
The Senate agreed to reconsider.
Mr. Gordon, Chairman of the Select Committee, which
was appointed, laid the following report on the table; which
was taken up, read, and agreed to, viz:
The United States, Dr.
1836. To Reuben Marsh, of Irwin county,
to ferriage of soldiers across the Altamaha
River, $4 18
May 3, to ferriage of forage for horses, 24 12
April 11, do do 2
$30 30
The Select Committee, to whom was referred the claim
of Reuben Marsh, of Irwin county, for ferriage of soldiers
across the Altamaha River, and for forage supplied to the
mounted men, report, that they have examined the account,
and find it just, and one that should be paid by the State,
and made a charge against the United States, and recom¬
mend the following resolution :
Resolved, That the sum of thirty dollars thirty cents, be
paid to Reuben Marsh, of Irwin county, for ferriage of
soldiers across the Altamaha River, in 1836, and for forage
supplied, and that the sum be charged to the United States ;
and that his Excellency, the Governor, serve his warrant on
the Treasury for the same, to be paid out of the Military
Fund.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk :
Mr. President:—The House of Representatives have pass¬
ed the following bills of Senate, to wit:
A bill to incorporate South River Academy in the county
of Butts, and to appoint trustees for the same.
A bill to regulate and appropriate the common school
fund, so far as respects the county of Wilkinson.
A bill to alter and amend the several acts in relation to
attachments and bail process.
341
A bill to change the names of certain persons named
therein, and to legitimatise the same.
A bill to alter and amend an act; passed 21st December,
1839, entitled an act, to alter and amend an act entitled an
act, to appoint additional commissioners on the Ohoopie and
Canoochee Rivers, in the county of Tattnall, passed 27th
December, 1839, &c., so far as the said amendatory act of
1839, requires an immediate application of one-half of the
fund set apart for the improvement of the Ohoopie River
below Brazil's Creek, to appoint additional commissioners
upon the Ohoopie River, and for other purposes.
A bill to alter and amend the 8th section of the Judiciary
act of this State, passed 16th February, 1799, and to define
more particularly the fees of Clerks.
A bill to make deaf and dumb persons idiots in law, so far
as to authorise the appointment of Guardians in certain cases.
A bill to alter and amend the 30th section of the 10th
division of an act, entitled an act, to reform, amend and
consolidate the penal laws of the State of Georgia, approved
23d December, 1833.
A bill to prescribe the duties of Attornies in entering up
judgments, and the duties of Clerks and Sheriffs in relation
to executions.
A bill to extend the corporate limits of the town of Athens,
in the county of Clark, and to change the place of holding
the elections for officers of the corporation in said town.
A bill to incorporate the village of Palmyra, in the county
of Lee, and to appoint commissioners for the same.
A bill to establish additional election precincts in the
counties of Irwin and Campbell, and to change an election
precinct in the county of Marion.
A bill amendatory of an act, entitled an act, to appoint
commissioners for the Washington County Academy, and
to make the same a body corporate, assented to, 30th No¬
vember, 1819.
They have also passed the bill of Senate, to incorporate
the Baptist Church in Pulaski county, known by the name
of the Mount Horeb Church, and to appoint trustees for the
same, with an amendment.
To which, the concurrence of the Senate is desired.
A bill to authorise the Governor to cause to be paid over
to the proper authorities of the several counties of this State,
all the money due the Academic and Poor School Fund of
said counties, under the acts of 1837, 1838, or any previous
^A bill to establish and fix the fees of Sheriffs, Constables,
and other officers, in certain cases.
A bill to change the name of Lemuel Ames, to that of
Lemuel Smith, and certain other persons therein aamed.
A bill to define the liability of the several Rail Road
342
Companies in this State, for the loss of stock killed or
wounded by the running of cars or locomotives on their
roads respectively, and to regulate the proceedings in such
cases.
They have also passed the following bills of the Senate,^
with amendments, to which they desire the concurrence of
Senate.
A bill to authorise his Excellency, the Governor, to draw
his warrant m favor of the tax collector of such counties as-
have paid over their taxes into the State Treasury under the
act of 1839.
A bill to regulate elections in the county of Sumter, and
to repeal all laws authorising or creating election precincts
in said county, and to repeal an act to establish an additional
precinct in the county of Twiggs, at Higgsville, the place of
holding Justice's Courts in, and for the 354th company dis¬
trict, G. M., in said county, assented to, December, 28th,
1838.
They have also passed the following bills of Senate, to
wit:
A bill to repeal an act, entitled an act, to guard and pro¬
tect the citizens of this State against the unwarrantable and
too prevalent use of deadly weapons, passed the 25th De¬
cember, 1837.
A bill to alter and fix the time of holding the Inferior
Courts in the county of Fayette.
A bill to alter and amend the 43d section of the 4th di¬
vision of the penal code.
A bill to alter and amend an act, entitled an act, to com¬
pel Clerks of the Inferior Courts of the different counties in
this State, to claim estrays levied on by execution, passed
26th December, 1831.
A bill to alter and amend an act entitled an act, to amend
an act entitled an act, to carry into effect the sixth section of
the fourth article of the Constitution, touching the distribu¬
tion of intestate's estates, &c.
A bill amendatory of an act, entitled an act, to authorise
the Justices of the Inferior Court of the several counties in
this State, to create and lay out any new districts, or change
and alter the lines of those already laid out, assented to, on
the 23d December, 1839.
A bill to alter and change the name of Salem, the county
site of Dade county, to that of Trenton.
A bill to incorporate the Presbyterian Church of Roswelll,
Cobb county.
A bill to authorise purchasers of city lots, and lots of land
in the cities of Macon and Columbus, and in the reserves
thereof, to redeem them from forfeiture.
They have also passed the following bills of Senate, with
343
amendments—to which they desire the concurrence of the
Senate, to wit:
A bill to authorise Shubael Tenney to open and keep
open the North Oconee River From Athens to King's bridge,
and to vest in him, his heirs, and assigns, the said right for*
the term of ten years ; and to fix the maximum rates of
transporting lumber, wood, and produce thereon.
They have also concurred with the Senate, in their amend¬
ments to the following bills, viz :
A bill to incorporate the Sandy Spring Academy in the
county of Murray, and to appoint trustees for the same.
A bill to authorise Joseph Wilson, of Cass county, to
establish a toll-bridge across Oostenauly River, on his own
land, and to fix the rate of toll on the same.
A bill to establish an additional election precinct in the
county of Murray.
A bill to be entitled an act, to add the residence of Ely
Jones, now in the county of Clark, to the county of Walton.
A bill for the relief of Executors, Administrators, and
'Guardians, in certain cases, and to prescribe and define ad¬
ditional duties and liabilities of the Clerks of the Court of
Ordinary of this State.
A bill to incorporate the Irwin Factory Company, in the
county of Irwin.
They have also passed the following bills of Senate, with
amendments—to which they desire the concurrence of the
Senate, to wit:
A bill to amend the rent-laws of this State, so far as re-
Mes to the city of Augusta.
A bill to regulate the times of holding the Superior Courts
in the counties of Laurens and Thomas.
A bill to admit tax collector's deeds in evidence, in cer¬
tain cases therein named.
They have concurred with the Senate, in their amend¬
ments to the following bills, to wit:
A bill to grant the rights and privileges of citizenship to
certain persons, and their descendants of the Cherokee tribe
•of Indians, therein named, and to remove all legal disabili¬
ties heretofore imposed on said tribe, so far as respects said
persons. . .
A bill to amend the act to extend to all persons impris¬
oned for debt, the privilege of prison-bounds, approved the
:22nd day of December, 1821, the amendatory act thereof,
approved 24th December, 1824. .
The have concurred with the Senate, m their amendment
to the amendment of the House, to the bill to amend the
rent-laws of this State, so far as relates to the city of Au¬
gusta ; -to confirm the purchase of the bridges across the
Savannah River at Augusta, and for other purposes.
And they have passed the bill of the Senate, to incorpo-
344
rate the Cross Plains and Red Clay Branch Rail Road Corn-
Company of Georgia.
The Senate took up the unfinished business of Saturday,
to wit: the bill to appropriate money for the political
year 1841. .
Mr. Dunagan offered the following proviso to the fifth
Section of the bill:
" To be paid in State stock."
On which motion, the yeas and nays were required to be
recorded, and are yeas 37, nays 38.
Those who voted in the affirmative are Messrs.
Smith of Twiggs,
Speight,
Stapleton,
Strickland of Tatn'U
Strickland of Ware,.-
Beall,
Beasley,
Bostwick,
Camp,
Carter,
Chastain,
Christian,
Cone,
Cox,
Crosby,
Culbertson,
Dunagan,
Echols of Coweta,
Floyd,
Glover,
Griggs,
Harris of Warren,
Holmes of Baker,
Jemeson,
Jones,
Kennon,
Kimzey,
Mays,
Morris,
Neal,
Vincent,
Waldhour,
Walker,
Warthen,
Watters,
Wiggins,
Young.
Those who voted in the negative, are Messrs,
Bishop,
Blackshear,
Bryan of Stewart,
Calhoun,
Camron,
Creach,
Dawson,
Diamond,
Echols of Walton,
Godard,
Goode,
Gordon,
Graham,
Guess,
Hammond,
Harris of Burke,
Heflin,
Henley,
Janes,
Knight,
Lindsay,
Loveless,
Marsh,
McDonald,
Miller,
Minter,
Moore,
Rainey,
Reid,
Robertson,
Smith of Bryan,
Spencer,
Swain,
Thomas,
Tomlinson,
Williams,
Williamson,
Wright*
So the proviso was- rejected.
Mr. Dunagan offered the following as a substitute to the
fifth section.
" To the President and Commissioners of the Western
and Atlantic Rail Road, five dollars per day for each day of
service actually performed on the road, or in the office a1
Lafayette, provided they are no way interested in the pur-
345
chase or purchases of land for depots on the route, or at the
terminus of the road."
On the question to receive the substitute, the yeas and
nays were required to be recorded, and are yeas 36, nays 35.
Those who voted in the affirmative,- are Messrs.
Beasley,
Bostwick,
Camron,
Chastain,
Christian,
Cone,
Conner,
Cox,
Creach,
Crosby,
Culbertson,
Dunagan,
Echols of Coweta,
F ryer,
Glover,
Griggs,
Jemeson,
Jones,
Kennon,
Kimzey,
Lindsay,
Loveless,
Mays,
Morris,
Neal,
Reid,
Smith of Twiggs,
Speight,
Stapleton,
Strickland of Tatt¬
nall,
Strickland of Ware,
Swain,
Vincent,
Warthen,
Watters,
Wiggins.
Those who voted in the negative, are Messrs.
Beall,
Godard,
Minter,
Bishop,
Goode,
Moore,
Blackshear,
Gordon,
Rainey,
Bryan of Stewart,
Guess,
Robertson,
Bulloch,
Henley,
Smith of Bryan?
Calhoun,
Janes,
Spencer,
Camp,
Knight,
Thomas,
Carter,
Marsh,
Waldhour,
Dawson,
McAfee,
Walker,
Diamond,
McConnell,
Williams,
Echols of Walton,
McDonald,
Williamson.
Floyd,
Miller,
The President being called on to vote, voted in the nega¬
tive.
So the substitute was not received.
Mr. Speight offered the following as an additional section ;
And be itfurther enacted, That the sum of thirty-five dol¬
lars be, and is hereby appropriated, to F. D. Clayton, for
articles purchased by Colonel Thomas J. Holmes, for the
use of the troops under his command during the Creek
campaign of 1836.
Which was rejected.
Mr. Gordon offered the following as an additional section:
And be it further enacted, That the sum of thirty dollars be
paid to David McLeod, Sheriff of Dooly county, for his
services as Sheriff expenses in holding an inquest in said
county, on the bodies of Benjamin Willis, wife, child, and
346
grand-child, by order of his Excellency, the Governor of
this State.
Which was rejected.
Mr. Guess offered the following as an additional section :
And be it further enacted, That the sum of eight hundred
dollars be, and the same is hereby appropriated, |to defray
the expenses incurred by apprehending and detaining cer¬
tain Irishmen in the common jail, in Cobb county.
Which was rejected.
Mr. Strickland, of Ware, offered the following as an ad¬
ditional section to the bill, viz :
And be it further enacted by the authority aforesaid, That
the sum of five thousand dollars, or so much as may be
necessary, be, and the same is hereby appropriated and set
apart, for the payment of provisions, forage, amunition and
transportation by James Fulwood, of Ware county, contrac¬
tor for Major Bower's battalion, in the year 1839 ; and that
his Excellency, the Governor, draw his warrant on the
Treasury in favor of James Fulwood, for his accounts:
Provided, the Comptroller General shall believe the same
reasonable, and shall audit the same : And provided also,
That James Fulwood shall make oath that said accounts
are just and true, and have not been paid by the United
States.
On the question to agree to the section, the yeas and nays
were required to be recorded, and are yeas 22, nays 39.
Those who voted
Blackshear,
Bryan of Macon,
Bulloch,
Creach,
Fryer,
Glover,
Harris of Warren,
Kennon,
in the affirmative, are Messrs.
Knight, Vincent,
Miller, Walker,
Smith of Twiggs, Williams,
Speight, Williamson,
Stapleton, Wiggins,
Strickland of Tatt- Wright,
nail, Young.
Strickland of Ware,
Those who voted in the negative, are Messrs.
Beall, Dunagan, Henley,
Beasley, Echols of Coweta, Jemeson,
Bostwick, Echols of Walton, Jones,
Camp, Godard, Loveless,
Camron, Goode, Marsh,
Chastain, Gordon, Mays,
Christian, Griggs, McAfee,
Conner, Guess, McConnell,
Crosby, Hammond, McDonald,
Culbertson, Harris of Burke, Moore,
Diamond, Heflin, Morris,
347
Rainey, Robertson, Swain,
Reid, Smith of Bryan, Watters.
So the section was rejected.
Mr. Strickland, of Ware, also offered the following as an
additional section, viz:
And be it further enacted by the authority aforesaid, That
the sum of five hundred dollars be, and the same is hereby
appropriated, to build a bridge across the Alapahaw River,
in Ware county, where the road crosses said river, leading
from Waresborough to Darien ; and that the Inferior Court
°f Ware county contract for the building of said bridge
within twelve months from the passage of this act ; and
that the said Inferior Court be authorised to receive and pay
out the same in conformity with this act.
Which was rejected.
Mr. Gordon offered the following as an additional sec¬
tion, viz :
And be it further enacted, That the sum of thirty dollars
and thirty cents be paid to Reuben Marsh, of Irwin county,
for passage of soldiers, and forage supplied, in 1836, out of
the Military Fund.
Which was rejected.
Mr. Harris, of Warren, offered the following additional
section, viz:
And be it further enacted by the authority aforesaid, That
the sum of twelve hundred and fifty dollars be, and the same
is hereby appropriated to John R. Cotting, State Geologist.
On agreeing to the section, the yeas and nays were re¬
quired to be recorded, and are yeas 33, nays 33.
Those who voted in the affirmative, are Messrs.
Beasley, Goode, Reid,
Bishop, Gordon, Smith of Bryan,
Blackshear, Harris of Warren, Spencer,
Bryan of Macon, Holmes of Houston, Thomas,
Bryan of Stewart, Janes, Tomlinson,
Carter, Jones, Xln?i,nt'
Cox, Knight, Waldhour,
Dawson, Miller, Earthen,
Flovd, Minter, Williams,
FrVer Moore, Williamson,
Godard, Neal, Wright.
Those who voted in the negative, are Messrs.
Camp Crosby, Echols of Walton,
Chastain, Culbertson, Griggs,
Christian, Diamond, Guess,
p e Dunagan, Hammond,
Creach, Echols of Coweta, Henley,
348
Jemeson,
Lindsay,
Loveless,
Marsh,
Mays,
McAfee,
McConnell,
The President voting in the affirmative—the section was
agreed to.
Mr. Camp offered the following as an additional section,
to wit:
And be it furthe? enacted, That the salary of his Excellency,
the Governor, shall be three thousand dollars per annum,
after the present incumbent's term of service.
The President decided that the amendment was out of
order.
Mr. Camp appealed from the decision of the Chair.
On which appeal, the yeas and nays were required to be
recorded, and are yeas 68, nays 3.
Those who voted in the affirmative, are Messrs.
Beall, Goode, Morris,
Beasley, Gordon, Neal,
Bishop, Graham, Rainey,
Blackshear, Griggs, Reid,
Bryan of Macon, Guess, Robertson,
Bryan of Stewart, Hammond, Smith of Bryan,
Bulloch, Harris of Warren, Smith of Twiggs,
Calhoun, Heflin, Spencer,
Camron, Henley, Stapleton,
Carter, Holmes of Houston,Strickland of Tatt-
Chastain, Jemeson, nail,
Christian, Janes, Strickland of Ware,
Cone, Jones, Swain,
Conner, Kennon, Thomas,
Cox, Knight, Tomlinson,
Creach, Lindsay, Vincent,
Crosby, Marsh, Waldhour,
Dawson, Mays, Walker,
Diamond, McAfee, Warthen,
Echols of Walton, McDonald, Watters,
Fryer, Miller, Williams,
Glover, Minter, * Williamson,
Godard, Moore, Wiggins.
Those who voted in the negative, are Messrs.
Camp, Dunagan, Echols of Coweta#
So the Senate sustained the Chair in its decision.
Morris,
Rainey,
Robertson,
Smith of Twiggs,
Speight,
Stapleton,
Strickland of Tatt-
nall,
Strickland of Ware,
Swain,
Watters,
Wiggins.
349
The report was then agreed to as amended'—the bill read
the third time, and passed.
On motion,
The Senate then adjourned until 3 o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The following bill from the House of Representatives,
was taken up, and read the second time, to wit:
A bill to protect the slave population of the people of the
State of Georgia, by compelling vessels owned or command¬
ed by citizens of, or coming from the ports of the State of
Maine, and the officers, seamen and passengers thereof, to
perform quarantine, and provide for a search thereof, on
their departure.
The Senate took up the report of the committee of the
whole, on the re-considered bill, to grant the rights and
privileges of citizenship to certain persons, and their de¬
scendants of Cherokee tribe of Indians herein named, and
to remove all legal disabilities heretofore imposed on said
tribe of Indians, so far as respects said persons ; the report
was agreed to—the bill was read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to repeal an act, passed 22nd December,
1837, entitled an act, for the compensation of grand and
petit jurors of Bibb county ; the report was agreed to—the
bill was read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to appropriate a sum of money for the
payment of the claim of Arthur Stotesbury ; the report was
agreed to—the bill was read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to amend the act to extend to all persons
imprisoned for debt, the privilege of prison-bounds, approved
the 22nd day of December, 1821, and the amendatory act
thereof approved 24th December, 1824; the report was
amended and agreed to—the bill was read the third time,
and passed. .
The Senate took up the report oi the committee ot the
whole on the bill to change the name of John Thomas Rich¬
ardson, of Stewart county, to that of John Thomas Smith ;
the report was agreed to—the bill was read the third time,
and passed.
The Senate took up the report of the committee of the
350
whole, on the bill touching election precincts in the coun¬
ty of Bibb. . .
Mr. Guess offered the following as an additional substitute
to the original:
Section 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Georgia in General Assembly met, and it
is hereby enacted by the authority of the same, That from and
after the passage of this act, it shall, and may be lawful to
hold elections for Governor, Members of Congress, Electors
for President and Vice-President of the United States, Sen¬
ators and Representatives to the Legislature, and all county
officers at the place of holding Justice's Courts, in the
Hazzard District, in Bibb county.
Sec. 2. And be it further enacted by the authority aforesaid,
That the elections held at the precinct established by this
act, shall be conducted in the same way, and governed by
the same law, now in force regulating elections.
On the question to receive the substitute for the original,
The yeas and nays were required to be recorded, and are
yeas 33, nays 41.
Those who voted in the affirmative, are Messrs.
Beall,
Bostwick,
Camp,
Chastain,
Crosby,
Culbertson,
Diamond,
Dunagan,
Guess,
Hammond,
Heflin,
Henley,
Holmes of Baker,
Jemeson,
Kimzey,
Lindsay,
Echols of Coweta, Loveless,
Echols of Walton, Marsh,
Gordon, Mays,
McAfee,
McConnell,
McDonald,
Morris,
Rainey,
Robertson,
Smith of Twiggs,
Speight,
Walker,
Watters,
Young.
Those who voted in the negative, are Messrs.
Beasley,
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Bulloch,
Calhoun,
Carter,
Christian,
Cox,
Creach,
Dawson,
Floyd,
Fryer,
Glover,
Godard,
Goode,
Griggs,
Harris of Burke,
Harris of Warren,
Reid,
Spencer,
Staple ton,
Strickland of Tatt¬
nall,
Holmes of Houston,Strickland of Ware,
Janes,
Jones,
Kennon,
Knight,
Miller,
Minter,
Moore,
Neal,
So the substitute was rejected.
Thomas,
Tomlinson,
Vincent,
Warthen,
Williams,
Williamson,
Wiggins,
Wright.
m
Mr. Dunagan offered the following proviso t
Provided a majority of the voters in each precinct pro¬
posed to be changed by this bill, shall consent to the change,
on the reception of the same.
The yeas and nays were required to be recorded, and are
yeas 32, nays 41.
Those voting in the affirmative, are Messrs.
Bostwick, Hammond, McConnell,
CamP>. Heffin, McDonald,
Chastain, Henley, Morris,
Crosby, Holmes of Baker, Rainey,
Culbertson, J emeson, Robertson,
Diamond, Kimzey, Smith of Twiggs,
Dunagan, Lindsay, Speight,
Echols of Coweta, Loveless, Walker,
Echols of Walton, Marsh, Watters,
Gordon, Mays, Young.
Guess, McAfee,
Those voting in the negative, are Messrs.
Beall, Glover, Neal,
Beasley, Godard, Reid,
Blackshear, Goode, Spencer,
Bryan of Macon, Griggs, Stapleton,
Bryan of Stewart, Harris of Burke, Strickland of Tatt-
Bulloch, Harris of Warren, nail,
Calhoun, Holmes of Houston, Thomas,
Carter, Janes, Tomlinson,
Christian, Jones, Vincent,
Cox, Kennon, Warthen,
Creach, Knight, Williams,
Dawson, Miller, Williamson,
Floyd, Minter, Wiggins,
Fryer, Moore, Wright.
So the proviso was rejected.
Mr. Bishop, from the Committee on Enrollment, reported
as duly enrolled, and signed by the Speaker of the House of
Representatives, the following bills, viz :
An act to authorise the returns of Sheriffs, Constables,
Coroners, and Justices of the Peace, to be traversed, and to
point out the manner in which the same shall be made.
An act to change the place of holding elections in the
county of Talbot, from the houses of R. A Hall, and Theo-
dorick Munford, to the house of Robert Carson, in said
county ; and to establish an election precinct in the county
of Hall*
An act to authorise the Sheriffs of Troup county to- adver-
352
tise their sales in some one of the public gazettes in Colum¬
bus, Georgia, and for other purposes.
An act to repeal so much of an act, passed the 2otnJJe-
cember, 1837, as relates to the consolidation of the offices
of tax collector and receiver of tax returns of the county of
Floyd. .
An act to change the places of holding election precincts
in the several counties therein named.
An act to amend an act, passed on the 23d December,
1839, to alter and change the site of the public buildings of
the county of Dooly to some point more central, and to
make permanent the same; and to compensate the owners
of town property in the town of Drayton, the present site
of the public buildings, and for other purposes.
An act to establish election districts, and to alter some
already established, in the several counties thereinafter
named, and to regulate the same.
An act to authorise Seaborn N. Jones, Leonard C. Simp¬
son, and others, to plead and practice law in the several
courts of law and equity in this State, and to prescribe
their liability touching the same.
An act to alter and amend the 9th section of the Judici¬
ary act of 1799, and the 1st section of an act relative to ex¬
ecutions, passed December the 14th, 1811.
An act to repeal an act, entitled an act, to organize the
Adjutant General's office, and for other purposes.
An act to repeal a part of an act to compensate the grand
and petit jurors of the Superior and Inferior Courts of the
several counties therein named, and to provide for the pay¬
ment of the same, assented to, December 23d, 1837.
An act to compensate grand and petit jurors of Dooly
county.
An act to amend an act incorporating the city of Darien,
assented to, December 3d, 1821; and also, all other acts
relative thereto.
An act for the relief of securities.
An act to regulate the trial of divorce cases.
An act to change the name of Lemuel Ames, to that of
Lemuel Smith, and certain other persons therein named.
An act to be entitled an act, to attach the Volunteer Com¬
pany of Macon county, called the Flint River Blues, to the
2nd brigade of the 8th division, G. M.
An act to incorporate Post Oak Level Academy of Pike
county, and appoint trustees for the same; and also, for
Amsden Academy, in Columbia county.
An act amendatory to an act, relative to the several tax
laws of this State, which was approved on the 8th day of
December, 1810.
An act to authorise his Excellency, the Governor, to cause
to be paid oyer to. tke prpper authorities of the several coun-
353
Ues of the State, all money due the Academic or Poor
School Fund of said counties under the act of 1837 1838
or any previous acts. ' '
An act to appoint additional trustees for Habersham Coun¬
ty Academy.
An act to authorise the Clerk of the Inferior Court of the
county of Clark, to advertise estrays in one of the gazettes
published in Athens.
An act to repeal an act, to alter and fix the time of holding
the Inferior Courts in the county of Twiggs.
The Senate took up the report of the committee of the
whole, on the bill for the relief and benefit of Edmund Mc
Cubbins, praying for a lease of the State's interest in lot of
land No. 55, in the fifth district of Troup county, during
his natural life ; the report was amended and agreed to—
the bill was read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to apportion the representation of Glynn
county, according to the census taken in the year 1840, by
the Deputy Marshal of the United States ; the report was
agreed to—the bill was read the third time, and lost.
The Senate took up the report of the committee of the
whole, on the bill to compel the commissioners of the road
from Dahlonega, in Lumpkin county, by way of Ellijay, in
Gilmer county, to the Federal Road, in Murray county; and
to compel them to make a settlement with John J. Dicker-
son, George Brach, and Henry Wykel; and also, to define
the mode of making such settlement; the report was agreed
to—the bill was read the third time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to incorporate an institution for the pro¬
motion of christian knowledge and general education, to be
called the Georgia Episcopal Institute and Christ College,
at Montpelier, in the county of Monroe ; the report was
agreed to—the bill was read the third-time, and passed.
The Senate took up the report of the committee of the
whole, on the bill to point out and regulate the manner of
taking testimony by commissioners, in certain cases ; the
report was agreed to—the bill was read the third time, and
passed. .
The Senate took up the report of the committee of the
whole, on the bill to amend the road laws of Camden
county. . ,
Mr. Goode offered the following amendment.
And be it further enacted by the authority aforesaid, That
the people and road-hands living on the thirty-third district,
in said county of Camden, are hereby exempted from work¬
ing upon the new road authorised by the act to which this
act is amendatory; and that said act of 23d December,
1839- be, and the same is hereby repealed, so far as relates
354-
to the road-hands in the said thirty-third district, east and
south-east of the Cross Swamp, on the plantation o e ate
Alexander Atkinson. ^ .
On the question to receive the amendment, the yeas and
nays were required to be recorded, and are yeas 30, nays 44.
Those who voted in the affirmative, are Messrs.
Beaslev Godard, Spencer,
Blackshear, Goode, Strickland of Ware,
Bryan of Macon, Griggs, Lhomas,
Bryan of Stewart, Harris of Burke, Tomhnson,
Bulloch, Janes,
Carter, Kennon,
Cox, Knight,
Dawson, Miller,
Floyd, Moore,
Glover, Smith of Bryan,
Vincent,
Warthen,
Williams,
Williamson,
Wiggins,
Wright.
Those who voted in the negative, are Messrs.
Beall,
Bishop,
Bostwick,
Calhoun,
Camp,
Chastain,
Christian,
Cone,
C reach,
Crosby,
Culbertson,
Diamond,
Dunagan,
Echols of Coweta
F ryer, McAfee,
Gordon, McDonald,
Guess, Morris,
Hammond, Neal,
Harris of Warren, Rainey,
Heffin, Reid,
Henley, Robertson,
Holmes of Baker, Smith of Twiggs,
Holmes of Houston, Speight,
J emeson, Stapleton,
Kimzey, Strickland of Tatt-
Lindsay, nail,
Loveless, Swain,
Marsh, Walker,
Echols, of Walton, Mays, Watters,
So the Senate refused the amendment.
The report was agreed to—the bill was read the third
time, and lost.
Leave of absence was granted to the Senator from Scriv-
en, for the balance of the session.
The Senate adjourned to 7 o'clock, this evening.
Seven o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate took up the report of the committee of the
whole, on the bill to authorise the Mayor and Council of the
355
city of Columbus, to define the limits of Bay-Street in said
city, and to lay off a portion of said street and of the North
Common of said city, into water lots, and dispose of the
same.
Mr. Chastain offered a proviso to the bill.
On the question to receive the proviso, the yeas and nays
were required to be recorded, and are yeas 16, nays 56.
Those who voted in the affirmative, are Messrs.
Camp,
Chastain,
Cone,
Crosby,
Dunagan,
Echols of Coweta,
Henley,
Jemeson,
Kimzey,
Lindsay,
Mays,
McAfee,
Morris,
Rainey,
Speight,
Swain.
Those who voted in the negative, are Messrs.
Beall,
Goode,
Robertson,
Beasley,
Gordon,
Smead,
Bishop,
Graham,
Smith of Bryan,
Blackshear,
Griggs,
Smith, of Twiggs,
Bryan, of Macon,
Harris, of Burke,
Spencer,
Bulloch,
Harris, of Warren, Stapleton,
Calhoun,
Heflin,
Strickland, of Tatt¬
Camron,
Holmes, of Baker,
nall,
Carter,
Janes,
Thomas,
Christian,
Jones,
Tomlinson,
Conner,
Knight,
Vincent,
Cox,
Culbertson,
Loveless,
Waldhour,
Marsh,
Wartheii,
Dawson,
McDonald,
Waters,
Diamond,
Miller,
Williams,
Echols of Walton,
Minter,
Williamson,
Floyd,
Moore,
Wiggins,
Glover,
Neal,
Wright,
Godard,
Reid,
Young.
So the proviso was rejected.
The report was agreed to—the bill read the third time,
id passed.
The Senate took up the report of the committee of the
hole, on the bill to prevent the employment of slaves, or
3e persons of color, as Captains or patroons of boats and
ixes upon the Ocmulgee and Altamaha Rivers, except in
rtain cases therein specified. <
Mr Bulloch moved to lay the report on the table for the
dance of the session. .
On which motion, the yeas and nays were required to be
corded, and_are yeas nays 48.
356
Thomas,
Waldhour,
Williams,
Wright.
Those who voted in the affirmative, are Messrs.
Bishop, Lindsay, Spencer, -
Bulloch, Miller, Strickland of Tatt-
Camron, Neal, na »
Chastain, Smead,
qox Smith of Bryan,
Godard, Smi.th, of TwiSSs»
Goode, Speight,
Harris of Warren,
Those who voted in the negative, are Messrs.
Beall, Floyd, McAfee,
Beasley, Glover, McDonald,
Blackshear, Gordon, Minter,
Bryan of Macon, Graham, Moore,
Camp, Griggs, Morris,
Carter, Guess, Rainey,
Christian, Harris of Burke, Reid,
Cone, Heflin, Robertson,
Conner, Henley, Stapleton,
Crosby, Holmes of Baker, Swain,
Culbertson, Jemeson, Tomlinson,
Dawson, Janes, Vincent,
Diamond, Knight, Watters,
Dunagan, Loveless, Williamson,
Echols of Coweta, Marsh, Wiggins,
Echols of Walton, Mays, Young.
So the motion was lost.
The report was agreed to—the bill read the third time.
And on the question, Shall this bill now pass ? the yeas
and nays were required to be recorded, and are yeas 31,
nays 39.
Those who voted in the affirmative, are Messrs.
Beasley, Henley,
Cone, Holmes of Baker,
Crosby, Jemeson,
Echols of Coweta, Knight,
Echols of Walton, Loveless,
Floyd, Marsh,
Gordon, McAfee,
Graham, McDonald,
Griggs, Morris,
Guess, Reid,
Heflin, Robertson,
Those who voted in the negative, are Messrs.
Beall, -Bryan of Macon, Calhoun,
Blackshear, Bulloch, Camp,
Speight, -
Strickland of Tatt¬
nall,
Swain,
Tomlinson,
Vincent,
Waldhour,
Watters,
Wiggins,
Young.
357
Carter,
Chastain,
Christian,
Conner,
Cox,
Culbertson,
Dawson,
Diamond,
Dunagan,
Glover,
Godard,
Mays,
Miller,
Minter,
Moore,
Lindsay,
Janes,
Jones,
Kimzey,
Goode,
Harris of Burke,
Harris of Warren,
Neal,
Rainey,
Smead,
Smith of Bryan,
Smith of Twiggs,
Spencer,
Stapleton,
Thomas,
Warthen,
Williams,
Williamson.
So the bill was lost.
Mr. Bishop, from the Committee on Enrolment, reported
as duly enrolled, and signed by the Speaker of the House
of Representatives, the following bills, to wit:
An act to amend an act, entitled an act, to incorporate the
Habersham Iron Works and Manufacturing Company, pass¬
ed 25th December, 1837.
An act to authorise Thomas R. Huson & Co. to erect a
bridge across the river Etowah, in the county of Cass, and
to charge and collect toll at the same.
An act to incorporate South River Academy in the coun¬
ty of Butts, and to appoint trustees for the same.
An act to incorporate Beach Spring Academy in the coun¬
ty of Harris, and to appoint trustees for the same.
An act abolishing election precincts in the county of
Jasper.
An act to authorise the Justices of the Inferior Court of
Oglethorpe county, to levy and collect an extra tax for the
purpose of building a new jail in said county.
An act to amend an act, entitled an act, to grant to Thom¬
as Spalding and his associates, the right of constructing a
rail road of wood, or digging a canal, from the Ocmulgee to
the Flint River, with certain privileges, approved December
22nd, 1827.
An act to amend an act, entitled an act, to incorporate
the Mossy Creek Methodist Camp Meeting Ground, in the
county of Habersham, passed 24th December, 1832, and to
appoint trustees for said Camp Meeting Ground.
An act to repeal so much of an act, entitled an act, to
authorise the Justices of the Inferior Courts of the several
counties in this State, to create and lay out any new dis¬
tricts or change and alter the lines of those already laid out,
assented to, 23d December, 1839, so far as relates to the
county of Cherokee.
An act to repeal an act, entitled an act, to alter an act, for
the better selecting and drawing grand and petit jurors for
the several counties in this State, passed on the 7th day of
358
December/ 1805, .so far as respects the counties of F ojMr
Walker, Gilmer,, Union, Lumpkin, Forsyth, Cass, Cherokee,
Paulding, and- Cobb, assented to, December 22nd, .
An act to repeal the proviso of the second section ol an
act, entitled an act, to consolidate the offices of receivers of
returns and tax collectors in the counties of Lumpkin, Gil¬
mer, Tattnall, Union, Pulaski, Telfair, Walker, Cherokee,
Early, Rabun, Floyd, and Paulding, assented to, December
25th, 1837., so. far as the same relates to the county of
Lumpkm. . ..
An act to extend the corporate limits ol the town of Bam-
bridge, in the county of Decatur.
An act to incorporate the village of Houston, in the coun
ty of Heard, and to make permanent the election precinct at
^aid place.
An act to incorporate the Bainbridge Female Academy in?
the county of Decatur.
An act to authorise and empower the Justices of the Infe¬
rior Court of Habersham county, to levy an extra tax for
county purposes.
An act to add an additional section to the eighth division
of the penal code of the State of Georgia, and to provide for
the punishment of free white persons for receiving stolen
goods from negroes, and free persons of color.
An act to alter and change the names of certain persons
therein named, and to legitimatise the same.
An act to make William H. Ellison the adopted son off
James Ellison, of Bibb County, and to make him capable of
inheriting as heir at law to the said James Ellison.
* The Senate took up the report of the committee of the
whole, on the bill to alter and amend an act, to compensate
the grand and petit jurors of the several counties herein
named, and to provide for the payment of the same, so far
as relates to the county of Scriven, assented to, 23d De¬
cember, 1837, and for other purposes herein mentioned; and,
On motion of Mr. Bishop,
It was laid upon the table for the balance of the session.
The Senate took up the report of the committee of the
whole, on the bill to change the name of Madison Greenlea-
Todd, to that of Madison Greenlea Bryan, of Dooly county;
the report was agreed to—the bill read the third time, and
passed.
Leave of absence was granted to the Senator from Chat¬
tooga county, for the balance of the session after the 22nd
instant.
The Senate took up the report of the committee of the
whole, on the bill to incorporate the town of Jacksonborough,
in the county of Scriven, and to define the duties and au¬
thority of the commissioners of the same ; and,
On motion of Mr. Jones,
359
, The bill was laid on the table for the balance of the ses^
sion.
The Senate took up the report of the committee of the
whole, on the bill to authorise the Sheriffs of the counties of
Decatur, Thomas, Lowndes, Waie, and Wayne, to sell the
fractions in said counties, and for other purposes, passed the
23d December, 1839; the report was agreed to—the bill
read the third time, and passed.
The Senate took up the report of the committee'of the
whole, on the bill to alter and change the place of holding,
elections in the county of Pulaski; the report was agreed
to—the bill read the third time, and passed. v.
The Senate took up the report of the committee of the
whole, on the bill to amend an act, to alter and fix the time
of holding the Superior Courts in the Eastern District, &c,;;
the report was agreed to—the bill read the third time, and
passed.
The Senate took up the report of the committee of the
whole, on the bill to incorporate the several churches therein
named; the report was agreed to—the bill read the third
time, and passed.
The Senate took up the following resolutions from the
House of Representatives; which was read, and agreed
to, viz:
Whereas, the Justices of the Inferior Court, and Justices
of the Peace, of the county of Ware, have never been fur¬
nished with copies of Prince's New Digest, or copies of the
Georgia Justice,
Be it therefore resolved by the Senate and House of Repre¬
sentatives of the State of Georgia, in General Assembly met, and
it is hereby resolved by the authority of the same, That his Ex¬
cellency, the Governor, be, and he is hereby authorised and
requested, to cause five copies of Prince's New Digest, and
eight copies of Green and Lumpkin's Georgia Justice, to be
sent to the Justices of the Inferior Court of Ware county,
with the Laws and Journals of this session of the General
Assembly, for the use of the said Justices of the Inferior
Court, and the Justices of the Peace of said county ; and
that his Excellency, the Governor, be required to forward
to the county of Franklin, with the Laws and Journals of
this session, twenty-two copies of Cooper's Military Tactics,
for the use of the Militia of said county.
The Senate took up the report of the committee of the
whole on the bill for the relief of John H. Mount; the re¬
port was agreed to—the bill read the third time, and passed.
The Senate took up the report of the committee of the
whole on the bill to authorise Stith H. Ingram to establish
f ' across Little River, on-his own land, and to fix the
^ates of toll for the same; the bill was reported with amend-
360
ments; the report was agreed to—the bill read the third
time, and passed.
The following resolutions of the House of Representatives
were taken up, read, amended, and agreed to :
Be it resolved by the Senate and House of Representatives, and
it is hereby resolved, That his Excellency, the Governor, em¬
ploy some competent person to examine into the application
of the- funds appropriated for the opening and improving the
navigation of the Ogeechee River, and report to the ensuing
Legislature.
Mr. Dunagan offered the following as an amendment:
Provided, the said commissioners shall not be entitled to
receive any pay from the State.
Be it resolved by the Senate and House of Representatives
of the State of Georgia, in General Assembly met, and it is
hereby resolved by the authority of the same, That his Excel¬
lency, the Governor, be requested to have furnished to a
troop of horse, known as the Tattnall Guards, sixty swords
and sixty pairs of pistols, for the use of said company, upon
the Captain's giving bond and security for the preservation
and return of said arms when required.
Mr. Williams offered the following amendment to the
foregoing resolutions j which was agreed to, viz :
Be it further resolved, That his Excellency, the Governor,
be requested to furnish the troop of Cavalry in Baldwin
county, with sixty swords and sixty pairs of pistols, for the
use of said company of Cavalry, on their giving security
for the preservation and return of said arms when required.
Resolved by the Senate and House of Representatives of the State
of Georgia, in General Assembly met, and it is hereby resolved
by the authority of the same, That our Senators and Represen¬
tatives in Congress be requested, and earnestly solicited, to
procure the establishment of a mail-route from Irwinton, in
the county of Irwin, by John Henderson's, thence, by Mrs.
Parish's, in Lowndes county, on to Troupville, in Lowndes
county; and also, from Irwinville, in the county of Irwin,
on by Joseph Summer's, to Pindertown, in the county of
Lee, to be carried on horseback, or otherwise, as may suit
the convenience of the contractor, at least once a week from
each one of the before-mentioned places, to the other; and
a two-horse stage line to run once a week from Augusta,
Georgia, to Carnesville, Franklin county, via Lincolnton,
Petersburg, Elberton, and Bowersville.
And be it further resolved, That his Excellency, the Gov¬
ernor, be requested to furnish to each of our Senators and
Representatives in Congress, a copy of these resolutions.
Resolved by the■ Senate and House of Representatives of the
State of Georgia, in General Assembly met, That his Excellency,
the Governor, be, and he is authorised to transmit to the
county of Burke, with the Laws and Journals of the pres-
361
ent Assembly, a sufficient number of copies of Prince's
late Digest and the Georgia Justice, for the use of the pre¬
siding magistrates of two newly created districts in said
county.
Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That our Senators
and Representatives in Congress, be respectfully and ear¬
nestly solicited to use their best exertions to cause to be
established, a mail-route for the transportation of the mail
on horseback, once a week from Lafayette, in Walker coun-
county, to the county site of Dade county.
And be it further resolved, That his Excellency the Gov¬
ernor, be requested to furnish to each of our Senators and
Representatives in Congress, a copy of these resolutions.
And be it further resolved, That our Senators and Repre¬
sentatives in Congress, be requested to use their influence to
establish a stage-route from Clarksville, Georgia, to Ashville,
North Carolina, by way of Clarkesville, Georgia, Franklin,
and Wanesville, North Carolina.
Resolved by the Senate and House of Representatives of the State
of Georgia in General Assembly met, That his Excellency, the
Governor, be authorised to have furnished to the command¬
ing officer of the Georgia Hussars, at Savannah, seventy-five
stand of swords and pistols, upon his giving security, as in
such cases required.
Resolved, That his Excellency, the Governor, be authorised
to transmit with the Acts and Journals of the present ses¬
sion, to the county of Stewart, two copies each of the New
Georgia Justice, and Prince's Digest, for the use of the
newly created district, No. 978, G. M.
The Senate took up the report of the committee of the
whole, on the bill to incorporate the Methodist Episcopal
Church, at Newhope, in Lincoln county, and to appoint
trustees for the same ; the report was agreed to the bill
was read the third time and passed.
The Senate took up the report of the committee of the
whole, on the bill to incorporate the Habersham and Union
Turnpike Company, and to grant certain privileges to the
same j 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 44, nays 17.
Those who voted in the affirmative, are Messrs.
•d ii Christian, Godard,
Beaslev, Culbertson, Goode,
"R Wvn Diamond, Gordon,
r,1S1, , ' Echols of Walton, Guess,
Catoun, Harr.s of Burke>
C™er', Glover, Harris of Warren,
362
Lindsay,
Loveless,
Marsh,
Mays,
Jemeson,
Jones,
Henley,
Holmes of Baker,
Robertson,
Smead,
Miller,
Minter,
Moore,
Morris,
Rainey,
Reid,
McDonald,
Smith of Twiggs,
Spencer,
Swain,
Tomlinson,
Watters,
Williams,
Williamson,
Wiggins.
McAfee,
Those who voted in the negative, are Messrs.
Bulloch,
Chastain,
Cone,
Blackshear,
Griggs,
Janes,
Stapleton,
Strickland of Tatn'll
Dawson,
Dunagan,
Kimzey,
Neal,
Smith of Bryan,
Speight,
Thomas,
Vincent,
Warthen.
So the bill passed under the title thereof.
The Senate took up the report of the committee of the
whole, on the bill to define the dignity of open accounts in
the distribution of descedent's estates; the report was agreed
to—the bill was read the third time, and lost.
The Senate took up the report of the committee of the
whole, on the bill to authorise the Mayor and Council of the
city of Columbus, to define the limits of Bay-Street, in said
city, and to lay off a portion of said street, and of the North
Common of said city, into water lots, and to dispose of the
same ; the report was agreed to—the bill read the third time,
and passed.
The Senate took up the report of the committee of the
whole, on the bill to authorise the Justices of the Inferior
Court of Cobb county, or a majority of them, to levy an ex¬
tra tax for the purpose of paying the former Sheriff and
Jailor of said county, for the apprehension, confining in jail,
and bringing to trial, sundry Irishmen indicted for murder in
said county, and for other purposes ; the report was agreed
to—the bill was read the third time, and lost.
The Senate took up the following report from the House
of Representatives ; which was read, and agreed to, to wit:
The committee to whom was referred so much of the
Governor's communication, with the accompanying docu¬
ments, relative to a convention held in the British metropolis,
have had the same under consideration, and beg leave to
report:
That they consider the object of said convention so far as
it was intended to affect the views of the slave-holding States
of this Union, touching their domestic institutions, calculated
to inspire feelings of greater surprise than alarm—resting
363
under the belief, as your committee does, that the motives of
said convention were prompted by a sense of miso-uided zeal
and false philanthropy. °
Your committee would forbear commenting upon, the opin¬
ions and suggestions expressed by said convention, but they
cannot withhold their astonishment when fanaticism so far
oversteps the bounds of caution, as to quote from holy writ,
maxims intended as reproof to the conduct and motives of
others, which carry in their application the very spirit of
condemnation to themselves ; for if, as averred by said con¬
vention, slavery be indeed a sin, involving all the moral
turpitude connected with its existence, then well might your
committee in return, remind said convention of another pre¬
cept inculcated by the same inspired volume, and equally
salutary in its practice, to wit—"First cast the beam from
thine own eye, then shalt thou see clearly to cast the mote
out of thy brother's eye for is it not a fact, as noted as it
is deplorable, that millions of the subjects of those very
nations which assembled thus in convention, to read unto
others homilies of reformation upon moral and political gov¬
ernment, are held in bondage more degrading, abject, and
servile, than the race whose lot they seem to deplore with a
zeal prefferable only to a spirit of intolerance, bigotry, and
superstition.
With these views, your committee are of opinion, that no
farther notice should be taken of the proceedings of said
convention. It will be time enough for the State of Georgia
to speak and act upon this subject, whenever she shall con¬
ceive that her rights are endangered, or her laws violated.
But your committee agree in the opinion expressed by his
Excellency, that it is a matter of deep regret that a citizen
owing allegiance to this country, and a member of the Con¬
gress of the United States, sworn to act in obedience to the
Constitution and laws of this Union, should so far have dis¬
graced his high station, as to have become the pliant tool of
fanaticism by a shameful abuse of his franking privileges, in
forwarding to the Executive Department of this State, docu¬
ments containing statements violative of the very letter and
spirit of that Constitution which he had sworn to maintain,
support, and defend.
The folio win o- message was received from his Excellency,
the Governor, by Mr. Harris, his Secretary:
Mr PresidentHis Excellency, the Governor, has as-
sented to, and signed the following acts, which originated m
the Senate.
An act to change the names of certain persons therein
named, and to legitimatise the same. #
a n act to authorise the Justices of the Inferior Court, so
364
far as respects the counties of Wilkinson and Floyd, to levy
an extra tax for county purposes. .
An act-to incorporate the Oxford Female Academy, in the
the county of Newton, and to appoint trustees lor the same.
An act to create and establish a free system of education
by common schools in the county of Bulloch.
An act to add the residence of John Muikey, of the county
of Houston, "to the county of Macon.
An act for the relief of Felix Arthur.
An act to authorise the Justices of the Peace of the seve¬
ral districts within the corporate limits of the city of Macon,
Bibb county, to hold their courts in the court-house of said
county, and to authorise the Justices of the Peace to require
costs to be paid or secured before suits are commenced.
Ah act to extend the corporate limits of the town of Mc
Donough, in the county of Henry, and to confer upon the
commissioners of said town, the right of assessing taxes
upon the citizens thereof, or the performance of road duty,
as the commissioners may deem expedient.
An act to make permanent the site of public buildings,
and seat of Justice for the county of Gilmer, in the town of
Ellijay, and to incorporate the same.
An act to authorise overseers of roads for Chattooga and
Rabun counties, to appoint warners, and to define their
duties.
His Excellency, the Governor, has withheld his assent to
the act to confirm the purchase of the bridges across the
Savannah River, at Augusta, by the City Council of Augusta,
to vest in them certain rights and privileges connected with
said bridges, and to amend the several acts in relation to
the city of Augusta, and the Court of Common Pleas of
said city, and to exempt certain persons from the perform¬
ance of jury and militia duty; and has directed me to re¬
turn the same to this branch of the General Assembly, with
his communication on the subject.
Executive Department, >
Milledgeville, 21st Dec. 1840. 5
I have had presented to me for revision, a bill passed by
both houses of the General Assembly, to confirm the pur¬
chase of the bridges across the Savannah River at Augusta,
by the City Council of Augusta, to vest in them certain
rights and privileges connected with said bridges, and to
amend the several acts in relation to the city of Augusta,
and the Court of Common Pleas of said city, and to exempt
certain persons from the performance of jury and militia
duty, which I return to the Senate where it originated, with
my dissent, and the reasons which influenced my determi¬
nation.
This bill confers on the Mayor the power to fine and im-
365
prison, or either, all offenders against the ordinances of the
city, which cannot be done without violating the .provisions
of the first section of the third article of the Constitution of
this State. If the corporate authorities of the city of Au¬
gusta cannot be vested with criminal jurisdiction to try
offences at common law, or created by statute, it would cer¬
tainly be an exercise of power not warranted by the Consti¬
tution, to authorise them to establish a penal code of their
own, and punish those " ad libitum," who might incur its
penalties.
[Signed,] CHARLES J. McDONALD..
The following communication was received from his Ex¬
cellency the Governor, by Mr. Harris, his Secretary: ,
Executive Department, )
Milledgeville, 21st Dec. 1840. )
I have the honor to transmit to the General Assembly, the
copy of a letter from Colonel David C. Campbell, one of the
commissioners to whom the claim of Peter Trezvant was
referred at the last session of the General Assembly, with
instructions to report to the Legislature now in session, as¬
signing the reason why the report has not been made. As
the report cannot be laid before you at this late stage of the
session, I would recommend that the commissioners be re¬
quired to report to the next General Assembly.
[Signed] CHARLES J. McDONALD.
The Senate then adjourned until 9 o'clock, to-morrow
morning.
TUESDAY MORNING, December 22, 1849.
The Senate met pursuant to adjournment.
On motion of Mr. Gordon, the Senate agreed to reconsider
so much of the Journal of yesterday as relates to the bill to
incorporate the town of Jacksonborough, in thecountyof
Scriven, and to define the duties and authority of the com¬
missioners of the same. ,
M Calhoun laid the following resolutions on the table,
A ^ were referred to a select committee, consisting of
Messrs. Calhoun, Miller and Jones, to wit:
Resolved, That his Excellency the Governor be authorized
to draw his warrant on the Contingent Fund, in favor of
366
James Kivlin, for his services as Military Store Keeper at
Columbus, Georgia, for the sum of four hundred and seventy-
two dollars ; also, for the further sum of three hundred and
forty 31-100 dollars, to said Kivlin for rent, as per his ac¬
count, sworn to 28th day of June, 1839. , , .
Resolved, That his Excellency the Governor be, and he is
hereby authorised to draw his warrant m favor of 1 homas
Hoxey, for the sum of four hundred and thirty-two dollars,
on the Contingent fund—the amount being the principal in¬
terest and cost of a suit, James Y. Smith vs. Thomas Hoxey,
Territory of Florida, Franklin county.
Mr. Williams laid the following resolution on the table,
which was taken up, read and agreed to, to wit:
Resolved, That a committee of two, on the part of the
Senate, be appointed for the purpose of superintending the
conclusion of the business of the present session, and audit¬
ing the accounts of members and officers of this branch of
the Assembly.
Messrs. Williams and Bostwick were appointed as that
committee.
Mr. Creech laid the following resolution on the table,
which was taken up, read, and agreed to, to wit r
Be it resolved, That his Excellency the Governor be, and
he is hereby authorized and required to have all the acts of
the present Legislature, of a public character, published in
two of the public Gazettes in Milledgeville.
The Senate took up the following bill—"A bill to extend
the time for fortunate drawers in all the Land Lotteries, and
in the Gold Lottery, to take out their grants, except the
counties herein excepted," for concurrence with the House
of Representatives in its amendments—on the question of
concurrence, the yeas and nays were required to be recorded,
and are Yeas 47—nays 16.
Those who voted in the affirmative, are Messrs.
Beall, Fryer, Minter,
Blackshear, Godard, Moore,
Bryan of Stewart, Goode, Morris,
Calhoun, Griggs, Reid,
Camp, Hammond, Robertson,
Carter, Harris of Warren, Smead,
Chastain, Holmes of Houston, Smith of Bryan,
Christian, Jemeson, Smith of Twiggs,
Cone, Janes, Stapleton,
Creach, , Kimzey, Strickland of Tatt-
Diamond, Lindsay, nail,
Dunagan, Loveless, Swain,
Echols of Coweta, Mays, Vincent,
Floyd, McAfee, Waldhour.
367
Walker,
Warthen,
Williams,
Williamson,
Wiggins,
Wright.
Those who voted in the negative, are Messrs.
Bishop, Henley, Neal,
Cox, Jones, Rainey,
Culbertson, Knight, Speight,
Echols of Walton, Marsh, Spencer,
Gordon, Miller, Thomas,
Guess,
So the motion prevailed.
The Senate took up the report of the committee of the
whole, on the bill to repeal an act, entitled an act, to alter
and amend an act to establish a Bank at Milledgeville, to be
called and known by the name and style of the Central Bank
of Georgia, passed on the 22d December, 1828, passed 21st
December, 1839, and to provide for the circulation of said
Bank, and for other purposes,
Mr. Echols of Walton, moved to strike out the first section
of the bill, on which motion, the yeas and nays were re¬
quired to be recorded, and are Yeas 33, Nays 39.
Those who voted in the affirmative, are Messrs.
Beall,
Bishop,^
Bryan of Macon,
Bulloch,
Camp,
Cone,
Conner,
Culbertson,
Diamond,
Echols of Coweta,
Echols of Walton,
Graham,
Those who voted
Beasley,
Blackshear,
Bryan of Stewart,
Calhoun,
Carter,
Chastain,
Christian,
Cox,
Creach,
Dawson,
Dunagan,
Floyd,
Guess,
Hammond,
Heflin,
Henley,
Holmes of Baker,
Holmes of Houston
Jemeson,
Lindsay,
Loveless,
Marsh,
Mays,
in the negative, are
Fryer,
Glover,
Goode,
Gordon,
Griggs,
Harris of Warren,
Janes,
Jones,
Kimzey,
Knight,
McDonald,
Miller,
McAfee,
Morris,
Rain^y,
Robertson,
Smith of Twiggs,
,Speight,
Stapleton,
Swain,
Walker,
Watters,
Williams,
Messrs.
Minter,
Moore,
Neal,
Reid,
Smead,
Smith of Bryan,
Spencer,
Strickland of Tatt¬
nall,
Thomas,
Tomlinson,
Waldhour,
368
Warthen, Wiggins, Wright.
Williamson,
So the Senate refused to strike out.
Mr. Echols of Walton, offered the following substitute,
which was over-ruled by the President, viz :
A BILL
To be entitled an act to authorise the sale of Scrip or Cer¬
tificates of State debt, by his Excellency the Governor of
this State, and to place the proceeds of the sale thereof
in the Central Bank of Georgia, under certain restrictions,
and to provide a permanent fund for the redemption of the
principal and interest accruing on said bonds.
Whereas his Excellency the Governor, in his late com¬
munication, called the attention of the Legislature to the
embarrassed condition of the people of this State, ow¬
ing to the almost entire failure of the cotton crops, and
recommending the General Assembly to take such constitu¬
tional measures as are in their power to afford temporary
relief to the people, by enabling the Central Bank to make
such loans or distributions as the emergency of the times de¬
mands ; and this General Assembly believing that at least
one or two ordinary crops will enable the people to repay all
loans made in pursuance of this act, and believing that the
State would sustain no loss by such loans, while the people
would receive great benefit—therefore
Be it enacted by the Senate and House of Representatives of the
State of Georgia in General Assembly met, That his Excellency the
Governor of this State, be, and he is hereby authorized im¬
mediately after the passage of this act, to execute the Bonds
of this State, to an amount of not more than one million of
dollars, in such sums as he may think advisable to secure
the sale thereof, redeemable at the end of fifteen years, bear¬
ing an interest of not more than eight per cent, per annum,
payable annually, at such place or places, within this State
or the United States, as may be agreed upon.
And be it further enacted, That the proceeds of the sale of
said Bonds shall be placed in the Central Bank, and become
a part of the capital stock of said Bank.
And be it further enacted, That the faith and credit of the
State of Georgia, together with the whole of the Capital
Stock owned by the Central Bank, and the assets thereof, of
every description, be and the same is hereby sacredly pledg¬
ed for the punctual redemption of the entire debts, principal
and interest, that may be incurred by the sale of said
scrip at the times and places agreed upon at the sale thereof.
And be it further enacted, That the scrip, or certificates of
State debt, shall be authenticated bv the signature nf tii«j
369
Excellency the Governor and the Secretary of State, and by
such seal or stamp as his Excellency may order and direct.
And be it further enacted, That all notes discounted by
the Central Bank under the provisions of this act, which
shall fall due and not paid out or renewed within thirty days
thereafter, it shall be the duty of the Board of Directors to
place all such notes in suit for collection.
And be it further enacted by the authority of the same, That
for the purpose of procuring as early a sale of said scrip as
possible, his Excellency the Governor be, and he is hereby
authorised to procure the agency of such person or persons
as he may deem necessary, for the purpose of carrying out
the objects of this act.
And be it further enacted, That all laws or parts of laws
militating against this act, be and the same are hereby
repealed.
The bill was reported with amendments—the report was
agreed to—the bill was read the third time, and on the ques¬
tion shall this bill now pass ? the yeas and nays were
required to be recorded, and are Yeas 39, Nays 35.
Those who voted in the affirmative, are Messrs.
Beasley, Griggs, Spencer,
Blackshear, Harris of Warren, Strickland of Tatt-
Bryan of Stewart, Janes, nail,
Calhoun, Jones, Strickland of Ware,
Carter, Knight, Thomas,
Chastain, McDonald, Tomlinson,
Christian, Miller, Vincent,
Creach, Minter, Waldhour,
Dawson, Moore, Warthen,
Floyd, Neal, Williamson,
Fryer, Reid, Wiggins,
Glover, Smead, Wright,
Goode, Smith of Bryan, Young.
Gordon,
Those who voted in the negative are Messrs.
Beall Guess, McAfee,
Bishop, Hammond, Moms,
Bostwick, Heflin, T^KprT^nn
ct Renlev, Robertson,
pa™P' Holmes of Baker, Smith of Twiggs,
™ ' Holmes of Houston,Speight,
Culbertson, ' ^t0n'
Diamond, LSay, Walker,
JJunaga » „ , Loveless, Watters,
K ofW^n; Marsh, Williams.
Graham, Mays'
go the bill passed under the title thereof.
370
Mr. Bishop from the committe on Enrollment, reported as
duly enrolled and signed by the Speaker of the House of
Representatives, the following bills: ..
An act to incorporate the Sandy Spring Academy in the
county of Murray, and to appoint Trustees for the same;
also, Mount Pleasant Academy, in the county of Muscogee,
and appoint Trustees for the same.
An act to repeal an act, passed 22a December, 1837, enti¬
tled an act to compensate the Grand and Petit Jurors of
Bibb county.
An cict to add tliG residence of Ely JoneSj now m the
county of Clark, to the county of Walton, and to add the
residence of John S. Means of Walton, to the county of
Newton.
An act , for the relief of Executors, Adminitrators and
Guardians, in certain cases, and to prescribe and define ad¬
ditional duties and liabilities of the Clerks of the'several
Courts of Ordinary of this State.
An act to authorize the Inferior court of Jasper county, to
levy an extra tax on the citizens of said county, to pay for
the erection of a Court House in said county.
An act declaratory of the force and validity of all execu¬
tions or judgments issued or entered up in behalf of copart¬
ners, or against copartners, when the partnership style is
used or set forth and the christian and sir name of the parties
omitted, and also to declare the force of bonds made to
partnerships using the common name or style.
An act to establish an additional election precinct in the
counties of Murray and Floyd.
An act to grant the rights and privileges of citizenship to
certain persons aCnd their descendants of the Cherokee and
Creek tribe of Indians herein named, and to remove all legal
disabilities heretofore imposed on said tribes of Indians so
far as respects said persons.
An act to alter and change the name of John Thomas
Richardson, of Stewart county, to that of John Thomas
Smith.
An act to) change the names of certain persons mentioned
therein, and to legitimatize the same.
An act to authorise Joseph Wilson of Cass county, to
establish a Toll Bridge across the Oostanaula river, on his
own land, and to fix the rates of toll on the same.
An act to amend an act to prevent persons from obstruct¬
ing the free passage of fish up the Altamaha river by the use
of Gill Nets or Seines, over fifty feet in length, assented to
December 23d, 1839.
An act to be entitled an act to establish and fix the fees of
Sheriffs, Constables, and other officers in certain cases.
An act to alter and change the name of James Rilev TW,
371
ant, of Pulaski county, to that of James Riley Dykes, and
to legitimatize the same.
An act to authorize the Treasurers of the Common
School Fund of the counties of Montgomery, Emanuel, and
Lowndes, to loan out the said fund, and to collect all or any
part of the same, on certain conditions ; and to authorise the
Treasurers of the Common School Fund for the counties of
Franklin and Jackson, to pay certain accounts of teachers of
poor children.
An act to amend an act entitled an act to give to Masons
and Carpenters an incumbrance for debt due on account of
work done, and materials furnished in building or repairing
houses, on such houses, and the premises to which they may
be attached, and to repeal all laws on this subject, so far as
relates to the counties of Richmond and Mcintosh, and in the
cities of Savannah, Macon, and Columbus, passed Decem¬
ber 22d, 1834, so far as to give to Painters in the city of Co¬
lumbus, the like security for debts due on account of paint¬
ing done on houses in said city.
An act to appropriate a sum of money for the payment of
the claim of Arthur Stokesbury.
An act for the relief and benefit of Edmund McCubbins,
praying for a lease on the State's interest in Lot of land
number fifty-five, in the fifth district of Troup county, dur¬
ing his natural life.
An act to alter and amend an act, entitled an act to amend
an act, to carry into effect the sixth section of the fourth arti¬
cle of the Constitution, touching the distribution of intestate's
estates, &c. approved 12th December, 1804.
An act for the relief of Mrs. Sarah H. Alfriend.
An act to make deaf and dumb persons idiots in law, so
far as to authorise the appointment of Guardians in certain
cases.
An act amendatory of an act, entitled an act, to appoint
Commissioners for the Washington county Academy, and to
make the same a body corporate, assented to the 30th No¬
vember, 1819.
An act to alter and amend an act, passed 21st December,
1839 entitled an act to alter and amend an act, entitled an
actio appoint additional Commissioners on the Ohoopie and
Canoochee rivers, in the county of Tatnall, passed 27th De¬
cember, 1838, &c. so far as the said amendatory act:of 1839,
requires an immediate application! of one half of the funds
se?anart for the improvement of the Ohoopie river below
S Pit -reek' to appoint Michael M. Mattox a Commissioner
thf Ohoopie mer, in place of Shadrack Hancock re-
uPon i n(j to appoint additional Commissioners on the
Ohoopie river, in the county of Tatnall, and for other pur¬
poses, &c*
372
An act to alter and change the place of holding e ections
in the county of Pulaski. .
An act to amend the act to extend to all persons impri¬
soned for debt, the privilege of prison bounds, approved the
22d day of December, 1821, and the amendatory act thereof,
approved the 24th December, 1824.
An act to authorize the purchasers of city Dots and Lots
of land within the reserves of the Cities of Macon and Co¬
lumbus, and which have become forfeited^ to the State, to
grant the same, upon paying up the principal and interest
due on said purchases.
An act to point out and regulate the manner of taking tes¬
timony by Commissioners, in certain cases. ^
An act to alter and amend the eighth section of the Judi¬
ciary act of this State, passed the 16th February, 1799, and
to define more particularly the fees of Clerks.
An act to authorise Shubael Tenny to open and keep open
the North Oconee river, from Athens to Chandler's Bridge,
and to vest in him, his hers, and assigns, the said right for
the term of ten years, and to fix the maximum rates of
transporting lumber, wood, and produce thereon.
An act to authorise Constables to serve processes and per¬
form other acts pertaining to their office, in any District in
the county, in certain cases therein specified.
An act to alter and change the name of Salem, the county
site of Dade county, to that of Trenton.
An act to establish additional election precincts in the
counties of Irwin and Campbell, and to change an election
precinct in the county of Marion.
An act to repeal so much of an act for compensating the
Grand and Petit Juries of Telfair county, as relates to the
Grand Jury thereof.
An act to repeal an act entitled an act to guard and pro¬
tect the citizens of this State against the unwarrantable and
too prevalent use of deadly weapons, passed the 25th De¬
cember, 1837.
An act to alter and amend the forty-third section of the
Fourth Division of the Penal Code.
An act to regulate and appropriate the Common School
fund, so far as relates to the county of Wilkinson.
An act to alter and amend the thirtieth section of the tenth
Division of an act entitled, an act to reform, amend and con¬
solidate the penal laws of the State of Georgia, approved
December 23d, 1833.
An act to require the Sheriff and Coroner of the county
of Muscogee, to hold their sales at the Market House in
the City of Columbus, and to prescribe the amount in which
they shall give bonds and security for the faithful perform¬
ance of their duties.
An act to authorise the Mayor and Council of the citv of
373
Columbus, to define the limits of Bay street, in said city,
and to lay off a portion of said street and of the North Com¬
mon of said city, into Water Lots, and to dispose of the
same.
An act to regulate elections in the county of Sumter, and
to repeal all laws authorizing or creating election precincts in
said county, and to establish a precinct in the county of
Twiggs, at Higgsville.
An act to amend an act to incorporate the Augusta and
Waynesboro Rail Road, assented to 31st December, 1838.
On the question that the Senate adhere to their amendment
to the fifth section of the appropriation bill, to pay the West¬
ern and Atlantic Rail Road Commissioners in bonds of the
State, the yeas and nays were required to be recorded, and
are yeas 32, nays 28.
Those who voted in the affirmative, are Messrs.
Beall,
Camp,
Chastain,
Christian,
Cone,
Conner,
Cox,
Creach,
Culbertson,
Diamond,
Dunagan,
Echols of Coweta,
Floyd,
Gordon,
Hammond,
Harris of Warren,
Heflin,
Jemeson,
Jones,
Lindsay,
Loveless,
Marsh,
Mays,
McAfee,
Reid,
Smith of Twiggs,
Speight,
Stapleton,
Swain,
Vincent,
Walker,
Watters.
Those who voted in the negative, are Messrs.
Beasley,
Bishop,
Blackshear,
Bryan of Stewart,
Calhoun,
Carter,
Dawson,
Echols of Walton,
Fryer,
Glover,
'The Senate adhered to their amendment.
The Senate adjourned to 3 o'clock, this afternoon.
Godard,
Goode,
Griggs,
Henley,
Knight,
McDonald,
Miller,
Minter,
Moore,
Morris,
Neal,
Robertson,
'Smith of Bryan,
Thomas,
W aldhour,
Williams,
Williamson,
Wiggins.
Three O'clock, P. M.
The Senate met pursuant to adjournment.
The Senatejpok up the report of the committee of the
374
whole, on the bill to change the name of the Farmers Bank
of Chattahoochie, and for other purposes—the report was
agreed to—the bill read the third time and passed.
The Senate took up the report of the committee' of the
whole, on the bill to regulate the letting out and discontiuing
of bridges in the county of Hancock—the report was agreed
to—the bill was read the third time and passed. ^
The Senate took up the report of the committee of the
whole, on the bill to cause the line between the counties of
Walker and Dade to be run, and to provide for the payment
of the same—the report was agreed to—the bill was read
the third time and passed.
The Senate took up the report of the committee of the
whole, on the bill for the relief of Wm. W. Stanford—the
report was agreed to—the bill read the third time and pas¬
sed.
The Senate took up the report of the committee of the-
whole, on the bill to compel persons who reside without the
limits of this State, who owns or may own a plantation and
slaves in any of the counties of this State, to give in and pay
taxes for the same in the county where the same is situated^
the report was agreed to—the bill was read the third time-
and passed.
The Senate took up the report of the committee of the
whole, on the bill to authorise David D. Bostwick to keep up'
a Ferry across the Ocmulgee river, near the Long Shoals,
on his own land—the report was agreed to—the bill read
the third time and passed.
Mr. Gordon moved to take the bill to repeal the Charter of
the Central Bank of Georgia, forthwith to the House of Rep¬
resentatives, on which motion the yeas and nays were re¬
quired to be recorded, and are Yeas 42, Nays 33.
Those who- voted in the affirmative, are Messrs.
Beasley,
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Calhoun,
Carter,.
Chastain,
Christian,
Coxr
C reach,
Dawson,
Floyd,
F ryer,
Glover,
Godard,,
Goode,
Gordon,
Griggs,
Harris of Warren,
Janes,
Jones,
Knight,
Lindsay,
McDonald,
Miller,
Minter,.
Moore,
Neal,
Reid„
Smead,
Smith of Bryan,
Spencer,
Strickland of Tatt¬
nall,
Strickland of Ware?
Thomas,
Tomlinson,
Vincent,
Waldhour,
Warthen,
Williamson^
Wiggins,
Wright.
375
Those who voted in the negative, are Messrs.
Beall, Graham,
Bishop, Guess,
Bostwick, Hammond,
Heflin,
Henley,
Holmes of Baker,
Jemeson,
Kimzey,
Loveless,
Marsh,
Mays,
Camp,
Cone,
Conner,
Culbertson,
Diamond,
Dunagan,
Echols of Coweta,
Echols of Walton,
McAfee,
Morris,
Robertson,
Smith of Twiggs,
Speight,
Stapleton,
Swain,
Walker,
Watters,
Williams,
Young.
There not being two-thirds, the motion was lost.
The Senate took up the report of the committee of the
whole, on the bill to repeal an act entitled an act to incorpo¬
rate the Bank of Darien, passed the 15th day of December,
1818, and also, an act entitled an act to extend the charter
of the Bank of Darien, and the acts now in force amendatory
thereto, passed the 19th December, 1834, and to provide for
the settlement of the affairs of said Bank-
Mr. Calhoun offered an amendment, and on the motion to
receive it, the yeas and nays were required to be recorded,
and are Yeas 48, Nays 21.
Those who voted in the affirmative, are Messrs.
Beall,
Beasley,
Bishop,
Blackshear,
Bostwick,
Bryan of Macon,
Bryan of Stewart,
Calhoun,
Camp,
Christian,
Cone,
Culbertson,
Diamond,
Dunagan,
Echols of Coweta,
Echols of Walton,
Floyd,
Glover,
Godard,
Gordon,
Griggs,
Guess,
Harris of Warren,
Holmes of Baker,
Holmes of Houston,Speight,
Jemeson, Spencer,
Kimzey, Stapleton,
Lindsay, Swain,
Loveless, Walker,
Marsh, Watters,
Mays, Williams,
McAfee, Young.
McDonald,
Minter,
Morris,
Neal,
Rainey,
Robertson,
Smead,
Smith of Twiggs,
Those who voted in the negative, are Messrs.
Tarter, Fl7er' ?°.°fe'
Jw cfiin Janes, Reid,
' ' Jones, Smith of Bryan,
^0X' u Knight, Strickland of Tatt-
%r::CX Miller, nail,
376
Thomas,
Vincent,
Waldhour,
Warthen,
Williamson,
Wiggins,
Wright.
So the amendment was received.
The report was agreed to as amended the bill "was read
the third time and passed.
The Senate took up the report of the committee of the
whole, on the bill to repeal an act to add part of Jasper
county to Newton county, assented to 22d December, 1834,
and also, to transfer certain suits from the county of Jasper
to the county of Newton.
Mr. Gordon offered a substitute, and on the motion to
agree to the substitute, the yeas and nays were required to
be recorded, and are Yeas 36, Nays 38.
Those who voted in the affirmative, are Messrs.
Mays,
McAfee,
McDonald,
Morris,
Rainey,
Robertson,
Beall,
Bishop,
Bostwick,
Camp,
Chastain,
Cone,
Conner,
Culbertson,
Diamond,
Dunagan,.
Echols of Coweta, Loveless,
Echols of Walton, Marsh,
Gordon,
Graham,
Guess,
Hammond,
Heffin,
Henley,
Holmes of Baker, Smith of Twiggs,
Jemeson, Speight,
Kimzey, Swain,
L ind say, W alker,
Watters,
Young.
Those who voted in the negative, are Messrs.
Beasley,
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Calhoun,
Carter,
Christian,
Cox,
Creach,
Dawson,
Floyd,
Fryer,
Glover,
Godard, Smith of Bryan,
Goode, Spencer,
Griggs, Stapleton,
Harris of Warren, Strickland of Tatt-
Holmes of Houston, nail,
Janes,
Knight,
Miller,
Minter,
Moore,
Neal,
Reid,
Smead,
Thomas,
Tomlinson,
Vincent,
Waldhour,
Warthen,
Williamson,
Wiggins,
Wright.
So the Senate refused to receive the substitute.
The report was agreed to—the bill read the third timer
and on the question, shall this bill pass I the yeas and nays
were required to be recorded, and are yeas 38, and nays 36.
377
Those who voted
Beasley,
Blackshear,
Bryan of Macon,
Bryan of Stewart,
Calhoun,
Carter,
Christian,
Cox,
Creach,
Dawson,
Floyd,
F ryer,
Glover,
in the affirmative are Messrs.
Godard, Smith of Bryan,
Goode, Spencer,
Griggs, Staple ton,
Harris of Warren, Strickland of Tatn'I,
Holmes of Houston,Thomas,
Janes, Tomlinson,
Knight, Vincent,
Miller, Waldhour,
Minter, Warthen,
Moore, Williamson,
Neal, Wiggins,
Reid, Wright.
Smead,
Those who voted in the negative, are Messrs.
Beall,
Bishop,
Bostwick,
Camp,
Chastain,
Cone,
Conner,
Culbertson,
Diamond,
Dunagan,
Echols of Coweta,
Echols of Walton,
Gordon,
Graham,
Guess,
Hammond,
Heffin,
Henley,
Holmes of Baker,
Jemeson,
Lindsay,
Loveless,
Kimzey,
Marsh,
Mays,
McAfee,
McDonald,
Morris,
Rainey,
Robertson,
Smith of Twiggs,
Speight,
Swain,
Walker,
Watters,
Young.
So the bill passed.
Mr. Miller from the select committee which was appointed,
made the following report, which was taken up and agreed
to, to wit:
The select committee to whom were referred the claims of
Thomas Hoxey and James Kivlin, report that they have had
the same under consideration, and are of opinion that they
are just, and recommend that the same be provided for in
the appropriation bill. ...
The Senate took up the report of the committee of the
whole on the bill to raise a tax for the support of govern-
ment, for the year 1841, and from thence afterwards—
Mr Harris of Warren, called for the previous question, on
which motion the yeas and nays were required to be re¬
corded, and are Yeas 38, Nays 25.
Those who voted in the affirmative, are Messrs.
t, . Calhoun, Creach,
Carter, Dawson,
T2iS ibdiear, Christian, Echols of Walton,
B^an of Macon, Cox, Fryer,
378
Glover,
Godard,
Goode,
Gordon,
Guess,
Knight,
Lindsay,
Loveless,
Marsh,
Miller,
Harris of Warren,' Minter,
Holmes of Baker, Moore,
Holmes of Houston,Neal,
Jones, Reid,
Those who voted in the negative,
Hammond,
Heflin,
Henley,
Beall,
Camp,
Chastain,
Cone,
Culbertson,
Dunagan,
Echols of Coweta,
Floyd,
Griggs,
Jemeson,
Kennon,
Kimzey,
Mays,
McAfee,
Morris,
Smead,
Smith of Bryan,
Speight,
Thomas,
Vincent,
Waldhour,
Williams,
Wiggins.
are Messrs.
Rainey,
Smith of Twiggs,
Spencer,
Walker,
Watters,
Williamson,
Young.
So the call was sustained.
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 30—
nays 30—the President voting in the affirmative, the bil
passed under the title thereof.
Those who voted in the affirmative, are Messrs.
Beasley,
Blackshear,
Bryan of Macon,
Calhoun,
Carter,
Christian,
C reach,
Dawson,
Fryer,
Goode,
Gordon, Moore,
Guess, Neal,
Harris of Warren, Reid,
Holmes of Baker, Smith of Bryan,
Holmes of Houston, Thomas,
Jones, Waldhour,
Knight, Warthen,
Lindsay, Williams,
Miller, Williamson,
Minter, Wiggins.
Those who voted in the negative, are Messrs.
Beall, Glover,
Camp, Godard,
Chastain, Griggs,
Cone, Hammond,
Culbertson, Heflin,
Dunagan, Henley,
Echols of Coweta, Jemeson,
Floyd, Kennon,
Kimzey,
Loveless,
Mays,
McAfee,
Morris,
Smead,
Smith of Twiggs,
Sneioht.
379
Spencer, Vincent, Watters,
Stapleton, Walker, Young.
The Senate took up the resolution requiring his Excel"
lency the Governor to draw his warrant in favor of Thomas
Hoxey, for the sum of four hundred and'thirty-two dollars,
out of the Contingent Fund, and on agreeing thereto, the
yeas and nays were required to be recorded, and are Yeas
28, Nays 27.
Those who voted in the affirmative, are Messrs*
Beall, Goode, Reid,
Blackshear, Gordon, Smead,
Bryan of Macon, Harris of Warren, Smith of Bryan,
Calhoun, Holmes of Baker, Spencer,
Carter, Holmes of Houston,Stapleton,
Christian, Jones, Thomas,
Creach, Lindsay, Waldhour,
Dawson, Miller, Warthen,
Fryer, Minter, Williams,
Glover, Moore,
Those who voted in the negative, are Messrs.
Beasley, Hammond, McAfee,
Camp, Heflin, Morris,
Chastain, Henley, Rainey,
Cone, Jemeson, Smith of Twiggs,
Culbertson, Kennon, Speight,
Dunagan, Kimzey, Watters,
Echols of Coweta, Knight, Williamson,
Griggs, Marsh, Wiggins,
Guess, Mays, Young.
The Senate took up the report of the committee of the
whole, on the bill to point out and punish certain frauds
therein specified, and to render null and void such convey¬
ances or transfers as may be thereby obtained—the report
was agreed to—the bill read the third time, and
On motion of Mr. Knight, was laid on the table for the
balance of the session.
The Senate took up the report of the committee of the
wh le on the bill to alter and amend the third, seventh, and
^fth sections of the first Article, and third section of the
i ^rticle, and fifteenth section of the fourth Article of the
C11 -titution—the" report was agreed to—the bill read the
Vd time, and on the question, shall this bill now pass ? the
irs and nays were required to be recorded, and are Yeas
l^]<ays 1L_
3S0
Those who voted in the affirmative, are Messrs.
Beall, Glover, Minter,
Beasley, Godard, Morris,
Bostwick, Griggs, Rainey,
Bryan of Macon, Guess, Reid,
Camp, Hammond, Smead,
Carter, Harris of Warren, Smith of Bryan,
Chastain, Heflin, Smith of Twiggs,
Cone, Henley, Speight,
Cox, Holmes of Baker, Spencer,
Creach, Jemeson, Staple ton,
Culbertson, Knight, Vincent,
Dunagan, Lindsay, Waldhour,
Echols of Coweta. Loveless, Watters,
Echols of Walton, Marsh, Williamson,
Floyd, McAfee, Wiggins,
Fryer, McDonald, Young.
Those who voted in the negative, are Messrs.
Bishop, Gordon, Neal,
Blackshear, Holmes of Houston,Thomas,
Calhoun, Kennon, Warthen,
Christian, Miller, Williams,
Dawson, Moore,
So the bill passed.
The Senate took up the report of the committee of the
whole, on the bill to set apart a fund for the payment of the
interest of the public debt of the State of Georgia, and the
gradual reduction and ultimate payment of the principal—
the report was agreed to—the bill read the third time and
passed.
The Senate took up the report of the committee of the
whole, on the bill to carry into operation the Lunatic Asylum
of the State of Georgia—
Mr. Gordon moved to lay the report on the table for the
balance of the session; on which motion, the yeas and nays
were required to be recorded, and are Yeas 45, Nays 15.
Those who voted in the affirmative, are Messrs.
Beall, Dawson, Holmes of Baker,
Beasley, Dunagan, Holmes of Houston,
Blackshear, Echols of Coweta, Jemeson,
Bryan of Macon, Fryer, Kennon,
Camp, ^ Glover, Kimzey,
Chastain, Godard, Lindsay,
Christian, Gordon, Loveless,
Cone, Griggs, Marsh,
Cox, Hammond, Mays,
Culbertson, Heflin, Minter,
381
Morris,
Rainey,
Reid,
Smead,
Smith of Bryan,
Smith of Twiggs,
Speight,
Swain,
Thomas,
Vincent,
W aldhour,
Walker,
W atters,
Williams,
Williamson.
Those who voted in the negative, are Messrs.
Bishop,
Carter,
Creach,
Floyd,
Guess,
Harris of Warren,
Janes,
McAfee,
Miller,
Moore,
Neal,
Spencer,
Stapleton,
Wiggins,
Wright.
So the motion prevailed.
The Senate took up the report of of the committee of the-
whole, on the bill to protect the slave population of the peo¬
ple of the State of Georgia, by compelling vessels owned or
commanded by citizens of, or coming from the Ports of the
State of Maine, and the officers, seamen, and passengers
thereof, to perform quarantine, and to provide for a search
thereof on their departure—
Mr. Echols of Walton moved to lay the report on the table
for the present, on which motion, the yeas and nays were
required to be recorded, and are yeas 25, nays 40.
Those voting in the affirmative, are Messrs.
Beall,
Camp,
Chastain,
Cone,
Culbertson,
Dunagan,
Guess,
Hammond,
Jemeson,
Kimzey,
Loveless,
Marsh,
Morris,
Rainey,
Smead,
Smith of Twiggs,
Speight,
Swain,
Watters.
Echols of Walton, Mays,
Godard, McAfee,
Gordon, McDonald,
Those voting in the negative, are Messrs.
Floyd, Lindsay,
Fryer, Miller,
Glover, Minter,
Griggs, Moore,
Harris of Warren, Neal,
Henley, Reid,
Holmes of Baker, Smith of Bryan,
Holmes of Houston, Spencer,
Janes, Stapleton,
n Kennon, Thomas,
Echols of Coweta, Knight, Vincent,
Beasley,
Bishop,
Blackshear,
Bryan of Macon
Calhoun,
Carter,
Christian,
Cox,
Creach,
383
Waldhour, Williams, Wiggins,
Walker, Williamson, Wright.
Warthen,
So the motion was lost.
Mr. Fryer offered the following additional section.
And be it further enacted, That citizens of the State of
Maine, owning or holding property in the county of Telfair,
or that have heretofore exercised their ordinary avocation
therein, and may desire to return to said county, be, and
they are hereby exempted from the provisions of this act—
which was rejected.
Mr. Lindsay offered the following additional section:
And be it further enacted, That whenever and at such time
as the Executive of the State of Maine, shall comply with
the requisition made by the Governor of Georgia, in the de-
liveiy of the fugitives from justice above alluded to, then
and in that event, his Excellency the Governor of Georgia,
shall give public notice thereof, and the provisions of this
act shall terminate and be no longer of force.
And on the question to agree to the same, the yeas and
nays were required to be recorded, and are Yeas 46, nays
16.
Those voting in the affirmative, are Messrs.
Beasley,
Bishop,
Blackshear,
Bryan of Macon,
Galhoun,
Gamp,
Carter,
Christian,
Cone,
Cox,
Creach,
Dawson,
Dunagan,
Echols of Coweta,
Floyd,
Fryer,
Those voting in
Beall,
Culbertson,
Echols of Waltofl,
Godard,
Gordon,
Guess,
Glover, Minter,
Griggs, Moore,
Hammond, Neal,
Harris of Warren, Smead,
Henley, Smith of Bryan,
Holmes of Baker, Spencer,
Holmes of Houston, Stapleton,
Jemeson, Thomas,
Janes, Vincent,
Kennon, Waldhour,
Knight, W arthen,
Lindsay, Williams,
Mays, Wiggins,
McAfee, Wright.
McDonald,
Miller,
the negative, are Messrs.
Heflin, Smith of Twiggs,
Loveless, Speight,
Marsh, Swain,
Morris, Watters,
Rainey, Young.
383
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
-dfir. PTGsidcnt ."-—The House of Representatives have
agreed to a resolution authorizing his Excellency the Gov¬
ernor to pay to the Representative from Glynn county, the
Academic and Poor School Fund to which said county is
entitled—to which the concurrence of the Senate is desired.
They have also agreed to the report of the select commit¬
tee to whom was referred the communication of his Excel¬
lency the Governor, relative to the claim of Peter Trezvant,
allowing the Commissioners appointed to investigate said
claim, until the next session of the Legislature to make their
report.
Also, a resolution bringing on the election of seven Direc¬
tors, on the part of the State, for the Bank of Darien, this
evening at 9 o'clock—to which they desire the concurrence of
the Senate.
They have concurred with the Senate in their amendment
to the bill to authorize the Governor to draw his warrant
upon the Treasury in favor of the tax collector of such coun¬
ties as have paid over their tax into the State Treasury, un¬
der the act of 1S39.
Also—to the amendment of the Senate to the bill of the
House, to incorporate the village of Jacksonboro', in the
county of Scriven, and to appoint commissioners for the
same.
Also—to the amendment of the Senate to the bill of the
House, to repeal an act to alter and amend an act to establish
a Bank at Milledgeville, to be known and called by the name
and style of the Central Bank, &c.
Also—in their amendment to the bill of the House, to pro¬
tect the slave population of the people of the State of Geor¬
gia, by compelling vessels owned or commanded by citizens
of or coming from the ports of the State of Maine, &c.
They have refused to agree to the amendment of the Sen¬
ate to the bill to repeal an act entitled an act to incorporate
the Bank of Darien, passed the 15th day of December, 1818,
and the several acts amendatory thereto, and to provide for
the settlement of the affairs of said Bank.
Thev insist upon their disagreement to the amendment of
ri . ^ tL bill to repeal an act entitled an act to in-
™tTthe Bank Of Dariel passed the 15th day of De-
101Q onrl the several acts amendatory thereto, and
toTrovide fo^he settlement of the affairs of said Bank.
T also directed to inform the Senate that the House of
Representatives have appointed Lucien LaTaste, clerk pro
teiTheV have agreed to a preamble and resolutions ill relation
to the University of Georgia, authorizing the Governor to
384
appoint three fit and proper persons to examine into the his¬
tory of the University of this State, from its earliest estab¬
lishment, See., and that such committee be required to report
at the next session of the General Assembly.
Also—to a resolution requiring the trustee ol the poor
school fund of Walton county to pay over all unexpended
balance in his hands, for 1837, to the Justices of the Inferior
Court, and for other purposes.
Also have concurred in the preamble and resolutions of
Senate, in relation to a United States Bank, Tariff, &c., with
an amendment, to which they desire the concurrence of the
Senate.
They have agreed to the following resolutions, to wit: to
request our Senators and Representatives in Congress from
this State, to urge upon the General Government the immedi¬
ate investigation of the claims preferred by citizens living
upon the South-Western part of this State, for depredations
committed by the Creek Indians upon the lives and property
of the inhabitants thereof.
Also—to request our Senators and Representatives in
Congress from this State to exert their influence to procure
an appropriation of'one hundred and eighty-six dollars, for
the payment of Dennis Hills, for services rendered as issuing
commissary to Major C. H. Nelson's and Major Paine's Bat¬
talions, while in the service of the United States.
Also—that his Excellency the Governor be requested to
^transmit to each member of the General Assembly a copy
of the Laws and Journals of the present session; and that
he cause such laws, passed at the present session, as are of
a public nature, to be published in two of the public gazettes
of Milledgeville.
, Also—that his Excellency the Governor be requested to
have transmitted to Cass county ten copies of Prince's Digest,
and ten copies of the Georgia Justice, for the use of new
.created districts in said county ; also, two copies of each of
the aforesaid books, for the county of Cherokee.
Also—that our Senators and Representatives in Congress
be requested to use their exertions to re-establish a weekly
mail route, to be carried on horse back, once a week, from
Dahlonega to Blairsville, Georgia, byway of Cooper's Gap,
on the Blue Ridge ; and that the Governor be requested to
forward a copy of this resolution to each of our Senators and
Representatives in Congress.
They adhere to their disagreement to the amendment of
the Senate to the bill of the House, to appropriate money for
the political year 1841, in relation to paying the salaries of
the commissioners of the Western and Atlantic Rail Road,
in State Bonds.
And have receded from their disagreement to the section
385
allowing James S. Park one hundred and thirty-two dollars,
tor certain services.
They have concurred with the Senate in their amendment
to the bill ot the House to appropriate money for the political
year 1840, except the following:
They have disagreed to the amendment in the fifth section,
making the salaries of the President and commissioners of
the Western and Atlantic Rail Road payable in State Bonds.
They have also disagreed to the section appropriating one
hundred and thirty-two dollars to James S. Park for certain
services.
They have concurred with the Senate in their amendments
to the bill of the House, to alter and fix the times for holding
the Superior Courts of the Eastern circuit.
They have passed the bill of Senate, for the relief of Sa¬
rah Mansfield, of Decatur county.
Also—the bill of Senate to amend the act incorporating
the Georgia Rail Road and Banking Company, with an
amendment, to which they desire the concurrence of the
Senate.
They have appointed Messrs. Lefils, Toombs and Harde¬
man a committee of conference on the part of the House, to
meet such as may be appointed on the part of the Senate, in
relation to the disagreement of the House to the amendment
of the Senate to the bill of the House to repeal an act to in¬
corporate the Bank of Darien, &c.
They have passed the following bill of Senate, to wit:
A bill to revise, amend and consolidate the rules for the
government and police of the Penitentiary of the State of
Georgia.
They have also passed the following bill of Senate, with
an amendment, to which they desire the concurrence of the
Senate :
A bill to incorporate the Milledgeville Turnpike or Rail
Road Company.
They have also agreed to a resolution, informing the Sen-
ate that the House of Representatives will be ready to ad¬
journ sine die, at 8 o'clock, this evening, to which they desire
the concurrence of the Senate.
They have also passed the following bills of the Senate,
t0 A bill to repeal an act entitled an act to prevent the several
Banks of this State from selling or disposing of exchange at
h'o-h rate per cent- herein expressed, under certain
a rng er ^ ^ prescribe the mode of punishment for a
€?ni Jf tjje game, assented to 23d December, 1839.
V1°A bill to alter and amend an act entitled an act to appro-
; te a sum of money to improve the navigation of the Big
Prl^pa ftiver, passed 30th December, 1836, and to appoint
addltioria* commissioners on said River.
386
A bill to amend an act entitled an act to incorporate th<
Augusta and Waynesborough Rail Road, assented to 31s
December 1838
A bill to amend an act to alter and fix the time of holding
the Superior Courts in the Eastern District.
A bill to require the Sheriff and Coroner of the county ol
Muscogee to hold their sales at the Market-House, and to pre¬
scribe the amount in which they shall give bond for the per¬
formance of their duty.
A bill to remove the election precinct from the house of
John Lovejoy to the house of Alonzo P. Morris, in the 12th
district of Henry county ;• and to establish a precinct at Pitts¬
burg, in the 6th district of said county; and to establish an>
election precinct at the 46th district in Bulloch county.
A bill for the relief of William Conyers and James H.
Martin, securities of Herbert Rainey.
A bill to consolidate the offices of tax collector and re¬
ceiver of tax returns, of the county of Effingham; and to
authorize the Justices of the Inferior Court of the counties
of Richmond and Lee to levy an extra tax, &c.
A bill to add certain fractions therein named, to Paulding
county.
A bill to incorporate the Female Academy in Fayettevilley
Fayette county, and to appoint trustees for the same, and to
repeal an act to incorporate Fayette county Academy, passed
24th December, 1836, and for other purposes therein named-
A bill to authorize Constables to serve processes, and per¬
form other acts pertaining to their office, in any district in the
county, in certain cases therein specified.
A bill to extend the corporate limits of the town of Tal-
botton.
A bill to incorporate the first Presbyterian Church of Sa¬
vannah.
A bill to incorporate the Shearer Springs, in Henry coun¬
ty, and to constitute the President and Board of Trustees of
the Mercer University commissioners of the town of Penfield,
in Greene county.
A bill for the relief of Mrs. Sarah H. Alfriend.
A bill to incorporate a volunteer corps of Riflemen, in the
city of Augusta, &c»
A bill to repeal so much of an act for compensating the
Grand and Petit Jurors of Telfair county as relates to the
Grand Jury thereof.
A bill to require the commissioners of the Western and
Atlantic Rail Road so to arrange as that at least one of them
shall be always on the road, personally supervising the En¬
gineers and Contractors.
They have also passed the following bills of Senate, with
amendments, to which they desire the concurrence of this-
branch of the General Assembly., to wit •
387
A bill to change the county line from certain points be¬
tween the counties of Marion and Muscogee, so as to make
the line straight.
A bill to alter and fix the times of holding the Superior
Courts of the counties of Marion, Harris and Stewart, of the
Chattahoochee Circuit of this State; and to regulate the
mode of drawing two panels and summoning Grand and
Petit Jurors, in and for the counties of Stewart and Talbot,
in said Circuit.
A bill to extend the time for fortunate drawers in all the
land lotteries, and in the gold lottery, to take out their grants,
except the counties herein excepted.
Mr. Bishop, from the committee on Enrollment, reports the
following bills as duly enrolled and signed by the Speaker
of the House of Representatives :
An act to incorporate an institution for the promotion of
Christian knowledge and general education, to be called the
Georgia Episcopal Institute and Christ College, at Montpelier,
in the county of Monroe and State of Georgia.
An act to alter and change the name of Madison Greenlea
Todd to that of Madison Greenlea Bryan, of Dooly county.
An act to be entitled an act to incorporate the Baptist
Church in Pulaski county, known by the name of the Mount
Horeb Church, and to appoint trustees for the same.
An [act to admit Tax Collectors' Deeds in evidence in
certain cases therein named.
An act to compel the commissioners on the Road from
Dahlonega, in Lumpkin county, by way of Ellijay, in Gil¬
mer county, to the Federal Road in Murray county, and to
compel them to make a settlement with John J. Dickerson,
George Brack and Henry Wykel; also, to define the mode
of making such settlements. _
An act to define the liabilities of the several Rail Road
Companies in this State, for the loss of stock killed or woun¬
ded by the running of cars or locomotives on their Roads
respectively, and to regulate the proceedings in such cases.
An act to cause the line between the counties of Walker
and Dade to be run, and to provide for the payment of the
^ An act to regulate the letting out and discontinuing of
Bridges, jn dS^Cross Plains and Red Clay
BrlnchRail Road Company of Georgia.
A t amendatory of an act entitled an act to authorize
t ^ces of the Inferior Court of the several counties in
V ^tate to create and lay out any new districts, or change
this ^ ^<3 lines of those already laid out, assented to the
SSl Dumber, 1839. .
An act to incorporate the Methodist Episcopal Church, *at
3SS
Newhope, in Lincoln county, and to appoint trustees for the
same ; and to incorporate Piney Grove Baptist Church, m
Richmond county, and appoint trustees for the same.
An act to add certain fractions therein named to Paulding
county. .
An act to incorporate the Habersham and Union Turnpike
Company, and to grant certain privileges to the same.
An act to extend the corporate limits of the town of Ath¬
ens, in the county of Clark, and to change the place of hold¬
ing the elections for officers for the Corporation in said town.
An act to authorize Stith H. Ingram to establish a ferry
across Little River, on his own land, and to fix the rate of
toll for the same.
An act to amend an act entitled an act to authorize the
Sheriffs of the counties of Decatur, Thomas, Lowndes,
Ware and Wayne, to sell Fractions in said counties, and for
other purposes, passed the 23d December, 1839.
An act to incorporate the Presbyterian Church of Roswell,
Cobb county.
An act to amend an act to incorporate the Mossey Creek
Methodist Camp-Meeting Ground, in the county of Haber¬
sham, passed December 24th, 1832, and to appoint trustees
for said Camp-Meeting Ground.
An act to amend the act incorporating the Georgia Rail
Road and Banking Company.
An act to prescribe the duties of Attornies in entering up
Judgments, and the duties of Clerks and Sheriffs in relation
to executions.
An act to incorporate the village of Palmyra, in the coun¬
ty of Lee, and to appoint commissioners for the same.
An act to incorporate a Volunteer Corps of Riflemen, in
the city of Augusta.
An act to alter and fix the time of holding the Superior
Courts in the Eastern District.
An act to repeal an act entitled an act to prevent the seve¬
ral Banks of this State from selling or disposing of exchange
at a higher rate per cent, than herein expressed, under cer¬
tain conditions, and to prescribe the mode of punishment for
a violation of the same, assented to 25th December, 1839.
An act to extend the corporate limits of the town of Tal-
botton.
An act to incorporate the First Presbyterian Church of
Savannah.
An act to incorporate the Shearer Springs, in Henry coun¬
ty, and to constitute the President and Board of Trustees of
the Mercer University, commissioners of the town of Pen-
field, in Greene county.
An act for the relief of John H. Mount.
An act to alter and fix the time of holding the Inferior
Courts in the county of Fayette-.
389
An act touching election precincts in the county of Bibb.
An act to incorporate South River Academy, in the county
of Butts, and to appoint trustees for the same.
An act to alter and amend an act entitled an act to com¬
pel Clerks ot the Inferior Courts of the different counties in
this State to claim estrays levied on by executions, passed
26th December, 1831.
An act to regulate the times of holding the Superior Courts
in the counties of Laurens and Thomas.
On motion, the Senate adjourned until seven o'clock, this
evening.
The Senate resumed the unfinished business of this after¬
noon, viz. A bill to protect the slave property of the people
of Georgia by compelling vessels owned or commanded by
citizens of, or coming from the ports of the State of Maine,
and the officers, seamen and passengers thereof to perform
quarantine, and to provide for a search thereof on their de¬
parture.
The report was amended and agreed to ; the bill was read
the third time, and on the question, Shall this bill now pass I
the yeas and nays were required to be recorded, and are
Yeas 35, Nays 31 ; so the bill passed as amended.
Seven o'clock, P. M.
The Senate met pursuant to adjournment.
Those who voted in the affirmative, are Messrs.
Beasley,
Bishop,
Blackshear,
Bostwick,
Bryan of Macon,
Calhoun,
Carter,
Christian,
Cox,
Dawson,
Fryer,
Glover,
Gonder,
Goode,
Neal,
Smead,
Smith of Bryan,
Janes,
Kennon,
Knight,
Miller,
Minter,
Moore,
Griggs,
Harris of Warren,
Spencer,
Stapleton,
Thomas,
Vincent,
Waldhour,
W alker,
Warthen,
Echols of Coweta,
Floyd,
Williamson,
Wright.
Those who voted
in the negative, are Messrs.
Beall>
Camp>
Chastain,
Cone,
C reach,
Culbertson,
390
Rainey,
Reid,
Smith of Twiggs,
Speight,
Swain,
Watters,
Wiggins,
Young.
Dunagan, Kimzey,
Echols, of Walton, Lindsay,
Godard, Loveless,
Gordon, Marsh,
Guess, Mays,
Hammond, McAfee,
Heflin, McDonald,
Henley, Morris,
Jemeson,
The Senate took up the report and resolutions of the House
of Representatives in relation to appointing a committee to
inquire into and investigate the receipts and expenditures of
Franklin College.
And on motion of Mr. Dunagan, the hill was laid upon the
table the balance of the session; on which motion the yeas
and nays were required to be recorded, and were Yeas 42,
Nays 17.
Those who voted in the affirmative, are Messrs.
Beall,
Beasley,
Camp,
Chastain,
Christian,
Cone,
Cox,
Creach,
Culbertson,
Dunagan,
Echols of Coweta,
Echols of Walton,
F ryer,
Godard,
Griggs,
Guess,
Hammond,
Harris, of Warren,
Heflin,
Jemeson,
Jones,
Kimzey,
Knight,
Lindsay,
Loveless,
Marsh,
Mays,
McAfee,
Morris,
Neal,
Rainey,
Reid,
Smith of Bryan,
Smith, of Twiggs,
Speight,
Swain,
Waldhour,
Walker,
Waters,
Williams,
Wiggins,
Young.
Those who voted in the negative, are Messrs.
Blackshear,
Calhoun,
Carter,
Dawson,
Floyd,
Glover,
Gonder,
Gordon,
Henley,
Miller,
Minter,
Moore,
Smead,
Thomas,
Vincent,
Williamson,
Wright.
The Senate took up the report of the Minority of the Com¬
mittee on the State of the Republic, viz :
In relation to the difficulty between Georgia and Maine
and on the adoption of the renort. .t.he_ynna nnA nay* were
391
required to be recorded, and are Yeas 25, Nays 34 • so the
report was rejected. '
Those who voted in the affirmative, are Messrs.
Bea.ll, Guess, Mays,
Camp, Hammond, McAfee,
Chastain, Heffin, McDonald,
Cone, Henley, Rainey,
Culbertson, Jemeson, Smith of Twiggs,
Dunagan, Kimzey, Speight,
Echols of Walton, Loveless, Swain,
Godard, Marsh, Waters.
Gordon,
Those who voted in the negative, are Messrs.
Beaslejf,
Blackshear,
Bostwick,
Bryan of Macon,
Calhoun,
Carter,
Christian,
Cox,
Creach,
Dawson,
•Floyd,
Fryer,
Glover,
Gonder,
Goode,
Griggs,
Harris of Warren,
Kennon,
Knight,
Lindsay,
Miller,
Minter,
Moore,
Neal,
Reid,
Smead,
Smith of Bryan,
Stapleton,
Thomas,
Vincent,
Waldhour,
Williams,
Williamson,
Wiggins.
The Senate took up the report of the Joint Standing Com¬
mittee on the State of the Republic, relative to the difficulty
between Georgia and Maine, and agreed thereto.
Mr. Reid, from the Minority of the Committee, laid the
following resolution on the table, to wit:
The undersigned, one of the Committee on the State of
the Republic, believes that the difficulty existing between the
State of Georgia and the State of Maine should be abandon-
ed, as no goo°d can result from a further ablation of this
® A- R. RF-TTh minnritv.
(signed)
matter.
The Senate took up and concurred in the resolution of the
House of Representatives, requesting his Excellency the
Covernor to transmit to each member of the General Assem-
V. f the Laws and Journals of-the present session,
Ply a c<ffiJre printed such laws of the present session as are
tmblic nature in two of the gazettes in Milledgeville.
in the resolution requesting our Senators and Repre-
tives in Congress to have a mail route weekly, on horse
len]f from Dahlonega to Blairsville, Georgia, by way of
Cooper's Gap, on the Blue Ridge.
392
Also—in the following resolution:
Whereas during the year of our Lord, one thousand eight
hundred and thirty-six, a portion of the Creek tribe of In¬
dians, then residing within the limits of the State of Ala¬
bama, commenced outrages and committed serious depre¬
dations, upon the lives and property of the inhabitants
settled upon the South W estern frontier of Georgia.—
And Whereas the policy of protecting its citizens m
their peaceful and undisturbed rights, is deducible ^ from
the genius of our free institutions, and fronp the spirit of
the Constitution of these United States ; which ^ policy is
founded in wisdom, and sanctioned by every principle of
justice.—If it be assumed as a position, that the relation
then existing between said portion of hostile Indians, and
the government of the United States, was as Guardian
and Ward, then it follows, that the one is held responsible
for the conduct of the other ; for inasmuch as the govern¬
ment, after having become the purchasers of the title to the
soil occupied by said Indians, proceeded to remove them
beyond the reach of reclamation by those who had sus¬
tained losses from their depredations.—-And whereas more¬
over, the history of said hostilities, by said tribe of Indi¬
ans, furnishes abundant proof, that by their own laches,
• the government of the United States failed to use the
necessary precautions, as they were in duty bound to use,
So prevent the occurrence of said hostilities, after having
been repeatedly warned of the threatening menaces of
~ said Indians, and requested to provide for the protection
of the border settlements :—-And ivhereas the consequence
of said neglect, on the part of the government, resulted in
hostilities of a most ruinous and desolating character ; and
for the period of four months, the lives of our citizens,
and their habitations, were left entirely exposed to depre¬
dations of a most barbarous and destructive nature—And
whereas, the extent of losses and damages upon property of
the citizens of Georgia, by reason of said hostilities has
been reported to the Congress of the United States, by
Commissioners appointed by act of Congress, to ascertain
the same, but no relief has been afforded, and no compen¬
sation has been awarded to sufferers by reason of such
hostilities :—.And whereas it is deemed just and equitable
that a speedy adjustment of the claims of said sufferers
should be had, and the same be promptly paid, to the end
that many of said claimants for losses so sustained, may
be i clieved from impending want and penury :—-
Be it therefore resolved by the Senate and House of Represen¬
tatives of the State of Georgia, in General Assembly met, That
the Senators and Representatives in Congress, of this State,
be requested to urge upon the General Government the im_
393
mediate Investigation of the claims preferred by the citizens-
ot this State, as set forth in the foregoing preamble, and to
urge upon Congress the justice and equity of the same, and
to procure a speedy settlement in such manner as may be
deemed most expedient.
And be it further resolved, That his Excellency the Governor
do transmit a copy of this Preamble and Resolutions, forth¬
with, to the Senators and Representatives from this State, in
the Congress of the United States, when convened.
The following resolutions were severally 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 trustees
of the poor school fund of the county of Walton, pay over
all unexpended balance in his hands for the year 1837, to
the Justices of the Inferior Court of said county; and that
the same be added to and become a part of the present poor
school fund of Walton county, and that the same be expend¬
ed in conformity with an act passed at the present session of
the General Assembly, in relation to the system of poor
schools.
Resolved by the Senate and House of Representatives of the
State oj Georgia in General Assembly met, That our Senators
and Representatives in Congress be, and they are hereby re¬
quested to exert their influence to procure an appropriation
of one hundred and eighty-six dollars, for the payment ol
Dennis Hills, for services rendered as issuing commissary to
Major C. H. NelsonTs and Major Paine's Battalion, while in
the service of the United States.
Resolved, That his Excellency the Governor be requested
to have sent to Cass county, together with the Laws and
Journals of the present session, ten copies of Prince's Digest
and ten copies of the Georgia Justice, to furnish the new
created District in said county ; also, to the county of Chero¬
kee, two copies each of the aforesaid books.
The following message was received from his Excellency
the Governor, by Mr. Harris, his Secretary :
Mr President:—His Excellency, the Governor, has with¬
held his assent from an act "to authorize his Excellency the
Governor to draw his warrant upon the Treasury in favor of
thp Tit Collector of such counties as have paid over their
tax into the State Treasury, under the act of 1839 ,*" and
h d' -ected me to return the same to this branch of the
General Assembly, together with his communication on the
subject. _
jje has assented to and signed the following acts of the
^An act to amen<^ an act entitled an act to grant to Thomas
394
Spalding and his associates the right of constructing a Rail
Road of wood, or digging a Canal from the Ocmulgee to the
Flint River, with certain privileges, approved December
22d, 1837. j
An act to amend an act passed on the 23d December,
1839, to alter and change the site of the public buildings of
the county of Dooly to some point more central, and to make
permanent the same ; and to compensate the owners of
property in the town of Drayton, the present site of the pub¬
lic buildings, and for other purposes.
An act to authorize the return of Sheriffs, Constables,
Coroners, Justices of the Peace, to be traversed, and to point
out the manner in which the same shall be made.
An act to alter and amend the Road Laws of this State,
so far as relates to the county of Montgomery.
An act to incorporate an Academy in the city of St. Marys,
Camden county; also, to incorporate an Academy in the
county of Cobb, and to appoint trustees for the same.
An act to incorporate the several Academies herein named,
and to appoint trustees for the same, and to confer certain
rights and privileges upon the same.
An act to authorize William B. Dudley, of the county of
Elbert, to establish a ferry across Broad River, on his own
land, and to regulate the rates of ferriage thereof; and to
regulate the rates of ferriage of Henry E. Nash's ferry on
said River.
An act to compensate Grand and Petit Jurors, in the coun¬
ties of Ware and Chattooga, and to authorize the Inferior
Courts of said counties to levy an extra tax to pay said
Jurors.
An act to consolidate the offices of Receivers of Tax Re¬
turns and Tax Collectors of this State, so far as relates to
the counties of Montgomery, Macon and Clark.
The following communication was received from his Ex¬
cellency the Governor, by Mr. Harris, his Secretary :
Executive Department, >
Milledgeville, 22d December, 1840. >
I have the honor to return to the Senate, where it origina¬
ted, a bill presented to me for revision, entitled "an act to
authorize his Excellency the Governor to draw his warrant
upon the Treasury in favor of the Tax Collectors of such
counties as have paid their taxes into the State Treasury,
under the act of 1839," with my dissent, together with my
reasons for it. J
If rthfo^°ne7 Pfd int° tbe Treasury, was paid under the
act of 1839, the finances of the State require that it should
be retained as provided for by that act. If the taxes intend¬
ed to be withdrawn, are thewheeled under
395
the act of 1838, the bill now returned does not provide for
that case.
If the Tax Collectors have paid money collected by them
into the Treasury contrary to law, they and their securities
are liable for it, and it should be withdrawn by the Tax Col¬
lector himself, on his order.
^ The bill now returned does not exonerate them frotn lia¬
bility upon the payment of a Senator or Representative, nor
can any law be constitutionally passed impairing the validity
of their obligation, or varying the terms of it.
(Signed) CHARLES J. McDONALD.
Mr. Vincent, from the Committee appointed to examine
the Journals, made the following report, which was read and
agreed to, viz.:
The Committee appointed to examine the Journals of the
Senate, have performed their duty up to the 12th instant,
and take pleasure in expressing their approbation of the cor¬
rectness and neatness of its execution by Mr. John Jones, the
Recording Clerk. The heavy mass of business, since the
evening and night sessions, have swollen the Journals to a
voluminous size.—We, therefore, recommend that twenty
days be allowed Mr. John Jones to complete the same ; and
that twelve days each be allowed the Secretary and Assistant
Secretary of the Senate to finish the unfinished business of
the same.
On the motion to adjourn until 9 o'clock, to-morrow morn¬
ing, the yeas and nays were required to be recorded, and are
Yeas 25, Nays 36.
Those who voted in the affirmative, are Messrs.
Beall,
Bishop,
Bostwick,
Carter,
Cone,
Creach,
Culbertson,
Echols of Coweta,
Echols of Walton,
Gordon,
Hammond,
Heflin,
Henley,
Jemeson,
Jones,
Marsh,
Mays,
McAfee,
Morris,
Rainey,
Smith of Twiggs,
Speight,
Swain,
W alker,
Williams.
Those who voted in the negative, are Messrs.
Dawson, Griggs,
Dunagan, Guess,
Floyd, Harris of Warren,
Fryer, Kimzey,
Glover, Lindsay,
Godard, Loveless,
Gonder, Miller,
Blackshear,
Bryan of Macon
Calhoun,
Camp?
Chastain,
Christian?
Cox,
396
Moore,
Neal,
Reid,
Minter,
Stapleton,
Thomas,
Vincent,
Smith of Bryan,
Watters,
Williamson,
Smead,
Waldhour,
Wiggins,
Wright,
Young.
So the Senate refused to adjourn until 9 o'clock.
On motion, the Senate then adjourned until 7 o'clock, to¬
morrow morning.
WEDNESDAY MORNING, December 23, 1840.
The Senate met pursuant to adjournment.
Mr. Jones laid the following resolution on the table, which
was taken up and agreed to:
Resolved, That the commissioners of the Western and At¬
lantic Rail Road, be and they are hereby instructed to cause
an examination to be made by a competent person, of the
Western route by Rome, Coosa, and Will's creek, to Gun-
ter's Landing; and also, of the Northern route, by Chatta¬
nooga and the Tennessee, and report the comparative ad¬
vantages of the two routes, to the next Legislature.
Also, the following—
Resolved by the Senate and House of Representatives, That
if the report of the Engineer induces the belief that the
Western route is the best, the commissioners are directed to
suspend on the road north of Burrough's, so far as it can be
done with the consent of parties to existing contracts, until
the next meeting of the General Assembly.
And on the question to agree to the same, the yeas and
nays were required to be recorded, and are yeas 33, nays 29.
^ Those who voted in the affirmative, are Messrs.
Beall,
Fryer,
Glover,
Godard,
Griggs,
Minter,
Moore,
Morris,
Reid,
Beasley,
Blackshear,
Bryan of Macon,
Camp,
Carter,
Christian,
Conner,
Cox,
Dawson,
Dunagan,
Hammond,
J emeson,
Jones,
Kimzey,
Lindsay,
Mays,
Miller,
Williamson,
.YoLmog
Smead,
Speight,
Thomas,
Vincent,
Waters,
397
Those who voted in the negative, are Messrs.
Bishop,
Calhoun,
Culbertson,
Echols of Walton,
Floyd,
Goode,
Gordon,
Guess,
Harris of Warren,
Heflin,
Henley,
Janes,
Knight,
Loveless,
Marsh,
McAfee,
McDonald,
Neal,
Rainey,
Smith of Bryan,
Smith of Twiggs,
Stapleton,
Swain,
Walker,
Williams,
Wiggins,
Wright.
Also, the following—
Resolved, That a proper and due regard for the success of
the work and for the public interest, should have induced all
the commissioners to be frequently on the road, and that
one of them should have always been on the road; that a
contrary course was not expected, and must have been great¬
ly injurious to the public service.
On the question of agreeing, the yeas and nays were re¬
quired to be recorded, and are yeas 8, nays 43.
Those who voted in the affirmative, are Messrs.
Camp, Dunagan, Kennon,
Chastain, Echols of Coweta, Morris.
Christian, Jones,
Those who voted in the negative, are Messrs.
Beall,
Beasley,
Bishop,
Blackshear,
Bostwick,
Bryan of Macon,
Calhoun,
Creach,
Culbertson,
Echols of Walton,
Fryer,
Glover,
Godard,
Gonder,
Goode,
Gordon,
Griggs,
Harris of Warren,
Heflin,
Holmes of Baker,
Jemeson,
Janes,
Lindsay,
Marsh,
McAfee,
McDonald,
Miller,
Moore,
Neal,
Reid,
Smith of Bryan,
Smith of Twiggs,
Speight,
Spencer,
Stapleton,
Swain,
Thomas,
Vincent,
Waldhour,
Walker,
Warthen,
Williams,
Wright.
ThaUtI the opinion of the Senate that the com¬
moners of the Western and Atlantic Rail Road have neg-
\ed the law, and have overstepped their duty in retaining
C very expensive and numerous a corps of Engineers, after
ie road waslocatcd and laid out.
398
On the motion to take up the resolution, the yeas and nays
were required to be recorded, and are yeas 6, nays
Those who voted in the affirmative, are Messrs.
Camp,
Chastain,
Christian,
Glover,
Jones,
Kennon.
Those who voted in the negative, are Messrs.
Beall,
Beasley,
Bishop,
Blackshear,
Bryan, of Macon,
Calhoun,
Carter,
Creach,
Culbertson,
Dunagan,
Echols of Walton, Miller,
Gordon,
Griggs,
Heflin,
Holmes of Baker,
Jemeson,
Janes,
Lindsay,
Marsh,
McAfee,
McDonald,
F ryer,
Godard,
Gonder,
Minter,
Moore,
Morris,
Neal,
Reid,
Smith of Bryan,
Smith of Twiggs,
Speight,
Spencer,
Staple ton,
Swain,
Thomas,
Vincent,
Waldhour,
Walker,
Williams,
Wright.
So the Senate refused to take it up.
Mr. Bishop, from the Committee on Enrollment, reports
as duly enrolled and signed by the Speaker of the House of
Representatives, the following bills, to wit:
An act for the relief of Sarah Mansfield, of Decatur
county.
An act to be entitled an act to set apart a fund for the
payment of the interest of the public debt of the State of
Georgia, and the gradual reduction and ultimate payment of
the principal.
An act to protect the slave property of the people of the
State of Georgia, by compelling vessels owned or command¬
ed by citizens of, or coming from the ports of the State of
Maine, and the officers, seamen and passengers thereof, to
perform quarantine, and to provide for a search thereof on
their departure,
An act to extend the time for fortunate drawers in all the
land lotteries, and in the gold lottery, to take out their grants,
except the counties herein excepted.
An act to alter and fix the line between the counties of
Marion and Muscogee.
An act for the relief of William Convers, and James H.
Martin, securities of Herbert Rainey.
< An act to authorise his Excellency the Governor, to draw
his warrant on the Treasury, in favor of the tax collectors of
such counties as have paid into the State. Treasury- the tax
399
levied and collected under the act of 1838, and paid over
under the act of 1839. P
The following message was received from his Exeellencv
the Governor, by Mr. Harris, his Secretary:
Mr. PresidentHis Excellency, the Governor, has as¬
sented to and signed—
An act to amend the rent laws of this State, so far as re¬
lates to the city of Augusta; to confirm the purchase of the
bridges across the Savannah river, at Augusta, by the City
Council of Augusta, and to legalise the scrip issued in pay¬
ment of the same, &c.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk :
Mr. President:—The House of Representatives have con¬
curred with the Senate, in the following resolutions:
That his Excellency, the Governor, be and he is hereby,
requested to have the two portraits hanging in the Senate
chamber, secured so as to prevent their falling; and that he
pay for the same out of the contingent fund.
That his Excellency the Governor, be and he is hereby,
authorised to draw his warrant in favor of Thomas Hoxey,
for the sum of four hundred and thirty-two dollars, &c.
That his Excellency the Governor, be and he is hereby,
requested to have printed for the use of the next General
Assembly, and before their session, five hundred copies each
of the several Bank reports for October, 1841; and three
hundred and fifty copies each of the Treasurer's and Comp¬
troller-General's reports for said year; and that the public
Printer be and he is hereby directed not to print, with the
acts or journals of the present session, any document, unless
especially directed so to do by resolution of the General As¬
sembly, or one of the branches thereof.
They have also concurred with the Senate in their amend¬
ment to the bill of the House, to repeal an act to alter and
amend an act more effectually to secure the solvency of all
the banking institutions of this State, as passed on the 24th
December 1832, assented to December 21, 1833; and fur-
ther to amend an act, passed on the 26th December, 1S32.
They have also concurred with the Senate in the resolu-
tion authorising the Governor to forward eight copies of
Prince's Digest, and eight copies of Green and Lumpkin s
Georgia Justice, to the county of Union.
Also—The resolutions authorising the Governor to have
t] • ave of the Honorable James Thompson, late Senator
f ^Walker county, enclosed with a monumental tomb,
Toay f°r the same from the contingent fund.
^Also resolution authorising the Governor to cause a
400
suitable monument to be erected to the memory of the late
Horatio Webb. _ .
Also—The resolutions in favor of John K. Oottmg.
Also The report of the Committee on Finance, on the
reports of the Comptroller General and Treasurer of the
State of Georgia. .
Also—In the report of the select committee on the com¬
munication of the Governor, in relation to the record of
grants in the Secretary of State's office, from the year 1783
to 1792.
They have also concurred in the amendment of the Senate
to the resolution bringing on the election of seven directors
for the Bank of Darien, on the part of the State, to-day, at
nine o'clock, A. M.
Mr. Bishop, from the Committee on Enrollment, reported
as duly enrolled and signed by the Speaker of the House of
Representatives—
An act to change the name of the Farmers' Bank of Chat¬
tahoochee, and for other purposes.
An act to require the commissioners of the Western and
Atlantic Rail Road so to arrange as that at least one of them
shall always be on the road, personally supervising the en¬
gineers and contractors.
An act to amend the rent laws of this State, so far as re¬
lates to the city of Augusta ; to confirm the purchase of the
bridges across the Savannah river, at Augusta, by the city
council at Augusta, and to legalise the scrip issued in pay¬
ment of the same; to confirm to the said city council certain
privileges relative to said bridges; further to define the qual¬
ifications and disabilities of members of said city council;
to change the time of holding the summer and fall sessions
of the Court of Common Pleas of the city of Augusta; to
authorise the clerk of the city council of Augusta, in certain
cases, to act as clerk of the said Court of Common Pleas,
and to exempt the mayor and members of the city council
of Augusta, and the members of the Augusta Independent
Fire Company, from the performance of certain duties there¬
in specified; and for other purposes in said act contained.
An act to alter the militia laws of this State, so far as
relates to the 27th and 23d Regiments, in the county of
Franklin.
An act for the relief of William W. Stanford.
An act to incorporate the several churches therein named.
An act to alter and amend an act entitled an act to appro¬
priate a sum of money to improve the navigation of the Big
Satilla river, passed 30th December, 1836, and to appoint
additional commissioners on said river.
An act to provide payment for individuals who taught
school m the county of Hall, under the provisions of the poor
school law, in 1838, who ha
401
An act to remove the election precinct from the house of
John Lovejoy, to the house of Alonzo P. Morris, in the 12th
district of Henry county; and establish a precinct at Pitts¬
burg, in the 6th district of said county; and to establish an
election precinct at the 46th district in Bulloch county.
.An act to consolidate the offices of tax collector and re¬
ceiver of tax returns of the county of Effingham, and to au¬
thorise the Justices of the Inferior Courts of the counties of
Richmond and Lee to levy an extra tax, &c.
An act to repeal an act entitled an act to add part of New¬
ton county to Jasper county, assented to 22d December,
1834; and also, to transfer certain suits from the county of
Jasper to the county of Newton.
An act to repeal an act entitled an act to alter and amend
ah act entitled an act more effectually to secure the solvency
bf all the banking institutions in this State, as passed on the
24th December, 1832, assented to December 21st, 1833 ;
and further to amend an act, passed on the 24th December,
1832.
An act to alter and fix the time of holding the Superior
Courts of the counties of Marion, Harris and Stewart of the
Chattahoochee circuit; and to regulate the mode of drawing
two panels, and summoning grand and petit jurors in and
for the counties of Stewart and Talbot, in said circuit.
An act to incorporate the Irwin Factory Company, in the
county of Irwin; and also, the Lumpkin County Manufac¬
turing Company, in the county of Lumpkin.
An act to incorporate the Female Academy in Fayette-
ville, Fayette county, and to appoint trustees for the same;
and to repeal an act to incorporate Fayette County Acade¬
my, passed 24th December, 1836, and for other purposes
therein named.
An act to enable persons owning lands, to maintain the
action of trespass, without being in the actual possession an
occupancy thereof, &c. , .
An act to alter and amend the third, seventh, and t
sections of the first article, and third section of the thira a -
tide, and the fifteenth section of the fourth article of the
Constitution of this State. _
An act to compel persons who reside without thelimi s o
this State, who own, or may hereafter own, a Pla^°n and
slaves, in any of the counties of this State, H may
pay taxes for the same, in the county where th
.^AnTct to authorise David D. Bos^c£ " otfhw
across the Ocmulgee river, near the Long
°WAnact to incorporate the Milledgeville Turnpike or Rail
Road Company.
402
An act to incorporate the village of Jacksonborough, in
the county of Scriven, and to appoint commisioners for the
same.
An act to impose a tax for the support of government, for
the year 1841, and from thence afterwards.
The following message was received from the House of
Representatives, by Mr. Cabaniss, 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 election set apart for
to-day.
I am also directed to inform the Senate that the House
have appointed Messrs. Murphey of DeKalb, Hardage, White
of Jasper, Thompson, and Crawford of Oglethorpe, to join
the committee appointed on the part of the Senate, and in¬
form the Governor that both branches of the General Assem¬
bly, are now ready to adjourn sine die, and inquire whether
he has any further communication to lay before either branch
thereof.
I am also directed to inform the Senate that the House of
Representatives will be ready to adjourn this day, at twelve
o'clock, M.
The Senate took up the message from the House of Rep¬
resentatives relative to the amendments of the House of Rep¬
resentatives to the resolutions of Senate on the subject of a
tariff, internal improvements, and national bank.
On the question to adhere to the resolutions relative to a
United States Bank, the yeas and nays were required to be
recorded, and are yeas 32, nays 34.
Those who voted in the affirmative, are Messrs.
Beall, Hammond, McAfee,
Bishop, Heflin, McDonald,
Camp, Henley, Morris,
Chastain, Holmes of Baker, Rainey,
Cone, Jemeson, Smith of Twiggs,
Culbertson, J ones, Speight,
guuagan, Kimzey, gwafn,
Echols of Coweta, Lindsay, Walker,
Echols of Walton, Loveless, Watters,
Gordon, Marsh, Young.
Guess, Mays, S
Those who voted in the negative are Messrs.
Beasley, Carter, Dawson,
Jilackshear, Christian^ Floydj
Bryan of Macon, Cox, Fryer,'
Calhoun, Creach. Glover,
403
Godardj Minter, Thomas,
Gonder, Moore, Vincent,
Goode, Neal, W aldhour,
Griggs, Reid, Warthen,
Harris of Warren, Smead, Williams,
Janes, Smith of Bryan, Wiggins,
Knight, Stapleton, Wright.
Miller,
So the Senate refused to adhere.
On the question to concur with the amendment of the
House, the yeas and nays were required to be recorded, and
are yeas 31, nays 32.
Those who voted in the affirmative, are Messrs.
Beasley, Gonder, Neal,
Bryan of Macon, Goode, Smead,
Calhoun, Griggs, Stapleton,
Carter, Harris of Warren, Thomas,
Christian, Janes, Vincent,
Cox, Kennon, Waldhour,
Creach, Knight, Warthen,
Dawson, Miller, Williams,
Floyd, Minter, Wiggins,
Glover, Moore, Wright.
Godard,
Those who voted in the negative, are Messrs.
Beall, Guess, Mays,
Bishop, Hammond, McAfee,
Camp, Heflin, McDonald,
Chastain, Henley, Morris,
Cone, Holmes of Baker, Rainey,
Culbertson, Jemeson, Smith of Twiggs,
Dunagan, Jones, Speight,
Echols of Coweta, Kimzey, Swain,
Echols of Walton, Lindsay, Walker,
Fryer, Loveless, Watters,
Gordon, Marsh, Young.
So the Senate refused to concur with the amendments of
the House.
Mr. Calhoun laid on the table the following report:
The committee appointed to confer with a committee from
the House of Representatives, in relation to the disagree¬
ment in reference to the Darien Bank, report—
That there is no probability of agreeing, and recommend
the adoption of the resolution bringing on the election for Di¬
rectors of said Bank, at nine o'clock, A. M-, this day; which
was find ^sjrccd to»
404
v/ri motion^ « i i i
The Senate repaired to the Representative chamber, and
after being seated, the General Assembly procee e o e
election for seven directors of the Bank of Darien, m e alf
of the State of Georgia; and on receiving and counting out
the ballots it appeared that Charles II. Hopkins, N. J. Mc¬
Donald, A. Lefils, H. W. Hudnall, S. M. Street, Charles
O'Neal, and James Holmes, were duly elected.
The Senate then returned to their chamber.
Mr. Morris laid on the table the following resolution, which
was taken up, read and agreed to, viz:
Resolved, That a committee of three be appointed on the
part of the Senate, to join the committee _ appointed by the
House of Representatives, to wait on his Excellency, the
Governor, and inform him that both branches of the General
Assembly will be ready to adjourn sine die, this day, and to
enquire whether he has any further communication to lay
before either branch thereof.
And the following gentlemen were appointed as that com¬
mittee, viz. Messrs. Morris, Williams, and Calhoun.
Mr. Echoic, of Walton laid on the table the following res¬
olution, which was taken up, read and agreed to, viz :
Resolved, That the Secretary of the Senate be and he is
hereby authorised to certify to the accounts of the enrolling
and engrossing clerks, who have served in the business of
ZD ZD 7
the Senate; and that the auditing committee audit the same
for payment.
The following message was received from the House of
Representatives, by Mr. Cabaniss, their Clerk:
Mr. President—I am directed to inform this branch of the
General Assembly that the House of Representatives are
now ready to adjourn sine die.
Mr. Morris, from the Joint Committee, made the following
report:
The Joint Committee appointed to wait on his Excellency
the Governor, and inform him that both branches of the
General Assembly would be ready to adjourn sine die, this
day, and to enquire whether he had any further communi¬
cations to lay before them or either branch thereof, have
performed that duty, and received for answer, that he has
no further communications to lay before the General Assem¬
bly, or either branch thereof.
On motion of Mr. Williams,
The Secretary was directed to inform the House of Rep¬
resentatives that the Senate is now ready to adjourn sine die.
Mr. Smead laid on the table the following resolutions,
which were taken up, read and unanimously agreed to, viz:
405
Resolved, That the thanks of the Senate are hereby ten¬
dered to the Honorable Thomas Stocks, President thereof,
for the able, dignified and impartial manner with which he
has discharged the arduous duties of his office during the
present session of the General Assembly.
! Resolved, That the thanks of the Senate are hereby ten¬
dered to David J. Bailey, Esquire, Secretary of the Senate,
and to Charles J. Williams, Assistant Secretary, for the abil¬
ity and promptness with which they have discharged the
duties of their official stations during the present session of
the General Assembly of the State of Georgia.
The President, after a few appropriate remarks, bade the
Senators a tender* farewell, and adjourned the Senate with-
taut a day.
INDEX.
A.
absence—
Leave of absence was
counties—
Macon,
Richmond,
Warren,
Baldwin,
Mcintosh,
Washington,
Baker,
Crawford,
Bibb,
Burke,
Hancock,
Scriven,
Upson,
Twiggs,
Jones,
Chatham,
Pike,
Dooly,
Dade,
granted to Senators from the following
9
Laurens,
113
34
Taliaferro,
113
34
Pulaski,
129
43
Jefferson,
129
43
Talbot,
159
43
Twiggs,
165
46
Stewart,
173
46
Glynn,
202
53
Franklin,
233
54
Crawford,
233
54
Oglethorpe,
265
54
Ware,
265
70
Pike,
265
95
Randolph,
265
95
Cass,
269
112
Carroll,
286
112
Baker,
317
113
Chatham,
358
113
academies—
Oxford Female, to incorporate 34,38, 138
Mount Horeb Grand Valley, to incorporate 42, 52, 189, 192
108, 121
110, 122, 213
112, 123, 136
124, 150
147. 329
154, 235
162, 232
174
217, 339
217, 339
Sugar Maple Grove,
St. Marys,
South River,
Female in Fayetteville,
Sandy Spring,
Shearer Springs,
Washington County, to amend act incorporating
Clear Spring, to incorporate,
Bainbridge Female " "
Beach Spring " "
accounts, open-
To define the dignity of,
acts-
To be published in Milledgeville papers,
ADJOURNMENT—
Resolution relative to,
adjutant general, &c.—
To repeal,
alfriend, sarah ii.—
Petition of, presented,
appropriations— ooq ooo 344, 373
For political year 1841, 239' 33A '
asylum— , . - „ _ 110,308
Lunatic, resolution calling for Report ot corns.
arthur, felix- 41 52 75 82
xtelief of,
ATHENS ^ extend the corporate limits of, &c. ®1, 113
attachments- ^ ^ amend< 51; 114) 163( 165, 179
239, 352
366
121
41, 52, 131, 148, 290, 295, 310
188, 263
2
ATTORNEYS— _ 70 -too 201
To prevent from giving evidence, •, ^ 11 i 170
To prescribe their duties in entering up judbments, 55, 114,170
B.
BAIL PROCESS—[See Attachments.]
BANKS~ To compel them to pay specie, 22,28,38,114,130,182
GeXa« ofR°ad C°mp°"y'28, 37. 75, 77, 78, 79, 80, 81
Milledge.ille, 'to amend the act incorporat- ^ ^ ^ ^ ^ ^
To amend the act relating to the solvency of all, 33, 37, 257
Central, to regulate the renewal of Notes in, 58,114, 170
Report of Committee on, 86, 367, 374
Communication from President of, 97
do. do. 262
Resolution relative to, 173
Farmers Bank of Chattahoochee, to change name of, 308, 374
Darien, to repeal act of, incorporating 287, 375, 403
Directors elected, 404
To redeem their liabilities in specie, 86, 122
To define the manner of bringing suits, 125,150, 222, 214
To repeal the act preventing circulation of
small Notes, 125,150,170,174, 223
BANKING, PRIVATE—
To repeal an act to prevent, 61,115
BAINBRIDGE—
To extend corporate limits of, 217, 339'
BLACKSHEAR, THOMAS E.—
Elected Mayor General, 43
BERRIEN, JNO. McPHERSON—
Elected U. S. Senator, 165
BETFIUNE, BENJ. T.—
Elected Commissioner of Free Banks, 322
BIRD, DANIEL II.—
Elected Brigadier General, 113
BRIDGES—
To confirm the purchase of, at Augusta, 25, 29, 53, 364
To authorise T. R. Huson & Co. to erect across
the Etowah River, 217, 233
To authorise Joseph Wilson to establish, on the
Oostenauly, 217
c.
CARTER, GEO. W.—
Took his seat, 215
CARPENTERS AND MASONS—
To give an encumbrance, &c. 153, 233, 333
CHANGE BILLS—
To repeal the act against the circulation of, 124
COLLEGE—
To incorporate in Monroe county, 119, 122, 242, 353
COLUMBUS—
To authorise Council to extend limits of Bay St. &c. 239, 354
CHURCHES— J
Baptist, in Pulaski to incorporate, 41, 52, 189
Presbyterian, in Cobb, to incorporate, 108, 123, 203
First Presbyterian, in Savannah, to incorporate, 153, 232
Broom Town Valley, " •' 188 203 263
Methodist at New Hope, " " ' yW 3fii
CHANGE BILLS—
To make penal the issuing of, 40 51 one
CITIZENSHIP— ' '
To grant the privileges of, to certain per-
sons, 108, 122, 201, 330. 34 f
To point out tr^-.^UinuTPuue uHTllll IT, ' 130, 148', 29C
3
clerks—
To prescribe their duties in relation to executions, 55
of the Courts of Ordinary to make elective by the
people, , 112,123,210,221
committees appointed—
To conduct President to the Chair, g
Joint Select, to wait on Governor, 8
Standing 23, 24, 39, 40
COMMON SCHOOLS—
To establish a general system of Education
by, 48, 57, 131, 134, 177, 283
Free system for Bulloch county, 50 157
comptroller general—
Report laid on the table, 54
constitution—
To carry into effect 1st section of the 3d article relative
to a Supreme Court, 25, 29, 56, 59, 62, 65
to alter 2d section and 4th article relative to elections, 27, 37, 73
3d, 7th, and 12th sects, of 1st art. 27,38,53,81,127,308
6th sec. of the 4th article, 35,42,139,140
1 st sec. of the 3d article, 68,121,153,172,190,227,234
3d sec. of the 4th article, 69,121
3d and 7th of the 1st article, 208,222,243, 379
CONVENTION IN BRITISH METROPOLIS—
Report of Committee on, 362
CONYERS, WILLIAM—
For relief of, 180.233
counties—
New, to create and lay out, 45, 52, 69
To add part of Habersham to Franklin, 56, 114 164
To alter the line betw. Walker and Dade, 72,122, 201, 308,374
New, to create and lay out, 108, 121
To add part of Harris to Talbot, 125, 150, 284
To change the line between Gwinnett and
DeKalb, 130,148, 264, 296
New, to create and lay out, 141, 172, 227
To add 25th district of Chattooga to Floyd, 147, 263, 296
Glynn, to apportion representation of, 217, 232
To repeal the act adding part of Newton to Jasper, 287, 376
county fund-
To authorise Inferior Court of Pike, to apply to
support of invalid poor, 132, 148
COUNTY SITE- co
To change in Dooly, iro' oor
To make permanent in Gilmer, 51, 113,162, 2Jb
To change name of, in Dade,
CRAWFORD, JOEL— ■ „01
Elected Commissioner of W. & A. Rail Road,
CRAWFORD, SIMMONS— .
Elected Director of Bank State of Georgia,
COURTS—
Thomas Superior, to change the time of holding, 2 , ,
Southern Circuit, to regulate the times of holding, ,
Chattahoochee Circuit, to alter aud fix the times ot ^
holding, '
Inferior, to amend the act authorising them to ^
create new districts,
Union, Gilmer, Murray, &c., Superior—to change ^ ^
the times of holding, ,. Tin'122
Fayette Inferior, to alter and fix tne times of hoi n> '
Wayne, to change the place of holding, > :} ' , 097
Troup Superior, to hold two weeks, ' '
Muscogee Inferior, to. alter and fix the times 01
holding, 130, 148, 2b2, ML
Twiggs Inferior, to alter and fix the times of
holding, 14b,
4
D.
DART, URBANUS—
Took his seat, 119
DEAF AND DUMB—
To make idiots in law, 61,114,171
DEEDS—
From the parent to the child, to be recorded, 42, 52,189
Tax Collectors to admit in evidence, 58,114,170
To provide for the recording of, 153, 173,230
divorce-
To regulate the trial of, 147
E.
EDITORS—Resolution, to furnish them with seats, 8
ELECTIONS—Of President of Senate, 6
Of Secretary of do. 6, 7
Of Door-Keeper, 7
Of Messenger, 9
To establish an additional precinct in Irwin, 35, 42, 154
To regulate, in the county of Sumter, 41, 52, 73
To change the time of holding general, 50, 113, 157
Districts, to repeal in certain counties, 66, 114, 190, 210
To change the place of holding, &c. 130. 148
" " in Pulaski, 320
ECHOLS, SAM'L D.—Of Coweta, took his seat, 34
ESTRAYS—To alter and amend the act relative to, 124, 150
To authorise Clerk of Inferior court of Clark county,
to advertise in Athens, 217, 337
EVIDENCE—Of parties to suits at law, 71, 122
EXCHANGE—To repeal an act to prevent the disposing of, 61
EZZARD, W. W.—Elected Judge Superior court Coweta Circuit, 31
EXECUTORS, Administrators & Guardians—For relief of, 35, 41, 139,146, 337
EXECUTIONS—Declaratory of the validity of, in relation to partner¬
ships, 146, 329
F.
FERRIES—To authorise Evan Howell to establish across the Chatta¬
hoochee, 28, 36, 129
" " Wm. B. Dudley to establish across Broad
River, 29, 36
To establish the rates of Ferriage ofH. E. Nash's ferry, 29, 36
To authorise John J. Dodd to establish across the
Oostanauly, 34, 138
To authorise David D. Bostwick to keep up over Oc-
mulgee, 308
To authorise Stith Ingram to establish across Little River, ,308
FORFEITURE—To authorise purchasers of Lots in Macon and Colum¬
bus, &c. to redeem them from, 51, 113, 158
FRANKLIN COLLEGE—Report of President and Treasurer referred, 56-, 390
FEES—Of Sheriffs, Constables, &c. to establish ft fix, in certain cases, 129,148,302
FORSYTH—To extend the corporate limits of the town of, 131, 147, 288
FUND—Set apart for the payment of the public debt, 314
Common School, to authorise the Treasurer of, in Mont¬
gomery to loan out, 27, 37, 74, 81
To regulate in the county of Wilkinson, 71, 122, 154
G.
GOVERNOR—Annual Message, 9, 22
GEOLOGICAL SURVEYOR—Office of, abolished, res. 29, 30
GARDNER, JAMES—Elected Attorney General, Middle Circuit, 31
GIBSON, JOHN— " Solicitor General, Southern Circuit, 32
GORDON, W. W—Took his seat, 34
GIDEON. BERRY W.—Messasre from Governor relating to. 169. 202. 216
GRAFTS—To extend time of taking out,.61,114,162,172,189, 217, 282,294,366
Report of committee 6n Governor's communication in
relation to, 307
GWINNETT COUNTY—To authorise the Governor to pay over to
authorities of, 132, 147
H.
HULL, W. H.—Elected Solicitor General for Western Circuit, 34
HARMON, Z. E— " " " Flint Circuit, 34
HUNTER, JAMES—To pardon, 35, 41, 67, 68, recon. 70
HENDERSON, B. W.—Elected Brig. General, 43
HUNTER, JAMES—100 copies of the evidence ordered to be printed, 50
HANSELL, ANDREW J.—Elected Brig. General, 57
HOWARD, HIRAM—Elected do. do. 57
HARRIS COUNTY—Petition from citizens of, 113
HANSELL, Wm. Y.—Elected Commisioner of Bankings 322
HOXEY, THOMAS—Resolution relative to, 366, 377, 379
I.
ILLEGAL VOTING—To prevent, 30, 37, 137, 188
INTERNAL IMPROVEMENT—Report of Committee on, 86, 94, 192
INCORPORATIONS—
Irwin Factory Company, to Incorporate, 108, 120, 202
Milledgeville Turnpike Company, to Incorporate, 125, 216
Habersham and Union Company, 239
IRWIN, DAVID—Elected Commissioner of W. & A. Rail Road, 321
J.
JURORS—Grand and Petit, of Ware, to compensate, 26, 29; passed 39
To disqualify persons from being, who shall be con¬
victed of certain crimes, 50, 113, 157, 158, 208, 287
To repeal the act compensating in Emanuel, 56, 114, 163
Telfair, 191, 263
To repeal the act compensating Grand and Petit of
Macon, 130, 148, 262
To exempt certain persons from serving as, 131, 148, 291
To repeal the act passed 23d December, 1837, com¬
pensating Grand and Petit, 131, 147
To repeal the act relating to Grand and Petit, passed
22d December, 1835, 147, 331
TACKSONBORO—To incorporate 239, 358, 365
TTinTCTARY—To alter and amend, 26, 29, 39, 48, 114
JUDICIAL CIRCUIT—To form, 41, 52, 128, 230
TirmrTARY—To alter, 55, 56, 57, 72, 75, 115, 131, 148, 155, 162, 170, 299
JUDICIAL CIRCUITS—To re-oiganize, 152, 172
Committee appointed to organize, 180
JUSTICES OF THE PEACE—In Macon, Bibb co. 28, 38, 42
rnVKS ELI—To add the residence of, to Walton county, 146
TONES' SEABORN N.—To authorise to practice Law, 147, 298
TOTVFs' JOHN—Recording Clerk, report of committee relative to, 396
JOURNALS—Report of Committee appointed to examine, 395
K.
ttWGHT, LEVI J.—Elected Major General, 165
jffVLlN JAMES—Resolution relative to, dob, 377
&
L.
r otter Y—To authorise for benefit of St. MaryslAcademy, 110, 122, 212
frnnFLL, JAMES—Elected Commissioner W. & A.R. Road, 321
i , ., G, B. Eleejed Director of tly Bank of the State of Ga. 321
6 c
M.
4
McDONALD, N. J.—Of Mcintosh, took liis seat* • 24
MESSAGES from the Governor relative to the failure of the crops, 250, 259
Relative to Tax Collectors, ' • ' 395
MAHON, JACKSON—For pardon of, . 125, 147, 201, 291
MULKEY, JOHN—To add the residence of, to Macon county, 50, 113, 162
McDONOUGH—To extend the corporate limits'of, 58, 114, 190
MANSFIELD, S\RAH—For relief of, . - 166,287
McCULLOCH—Report of Com. on claims of the heirs of, . 197, 305
Resolution relative to, ' . - > 238
MACON—To'amend the Charter of, ' • 216, 250,291
MARSH, STENCER-rTook his seat, * >•••-•• 253
MOUNT, JOHN H.—For relief of, . ' 307, 359
MARSH, REUBEN—Petitioh of presented, 338, 340
N.
NAMES—To change those of the following persons:
Walter Rfttherford Yonells, 23, 37
Win. J. Emswilder, . , 51, 158
To repea] the act passed 23d December, 1839, 130
, Stephen Hanley to that of Harris, . . ^ 131, 141, 263, 296
To-repeal the 3d sec. of an act passed 24th Dec. 1835, *131, 149
Ames, Lemuel, to change to that of Lemuel Smith, _ 147, 310
Richardion, John Thomas, to that of Smith, 217
Bryant James R. to that of Dykes, 217, 339
Todd, Madison Greenlee, to that of Bryan, 239, 358
• L O.
OVERSEERS OF ROADS in Chattoftga to appoint Warners, 41, 52, 291
ORDER OF. THE DAY, to alter, . ... 54
ORPHANS-r-to amend the 2d section of an act for the protection of, 131,148,154'-
ORME, R. M.—Elected State Printer, • ■ - 165
OSBORNE, Wm. C.—Resolutions respecting, ' . , 270
P. ' ■ '
PALMYRA—To incorporate, " ''' t>0, 109, 157
PATROLL DUTY—To exempt Students of Seminaries from, 153, 173, 228
PAULDING COUNTY—To add certain fractions to, 46, 52, 73
PEDLERS—To exempt la's Hall, sen'r. from the provisions of the act
concerning, , * 28, 36, 83
To repeal the act passed in 1839, . *- 69, 122, 190'
PENITENTIARY—Report of Committee on, ; :116, 153, 171, 236
Rules to revise and consolidate, . 172,269
Resolution relativp to, . , , - 297
1 Report of Committer oh Finance in favor of 1 , 335
PENAL LAWS—To alter and amend, 41, 52, 58,. 114, 131, 149, 154, 175, ?
. • . - : 203, 284, 327 f"
PETITIONS—Of Jules D'Antile, . : ... 28,109
, For the organization of a new county, > " . , 30
' * From the citizens of Habersham, ' ' 38
From Leonard P. Breedlove, 58, 95,
From Stockholders of Darien Bank, 58
From Western and Insurance Trust Company, 58.
From citizens of Gilmer and Murray counties, 72
From " Burke county, 121, 132, 161, 181
I era " Mcintosh, r ' 121
' ." .From " Columbus, 1-0, 303
POOR SCHOOL FUNB—To authorise the Governor to pay over to
the Stm ttor from Mcintosh, arrearages, 132, 149
POPE, ALEXANDER—Eke < Solicitor General, Northern Circuit, 32
POST NOTES—(See Chang* 'Ells.)
PRECINCTS—To change in Jeu mn county, , , - 108,123
' * To repeal all act#. lablishing of, 108, 122
To "form' additional 1 > Houston county, 130, 148, 361
Elections, to compensate n'TTnti'iuh'"^