ROBERT W. WOODRUFF
LIBRARY
JOTJUE AL
OF
TIE SENATE
STATE OF GEORGIA,
AT A
BIENNIAL SESSION
General Assembly,
O Accession No.-v-'—
MEMORY COLLEGE LIBRARY,**
(B- / /If OXFORD, C-EORGIA. ;
REGULATIONS.-
1. Two books may be taken at a time by any student or member of thp Faculty,
or any other person in the village paying Library fees, and no volume shall be re¬
tained more than two weeks without a renewal, and no second renewal will be
allowed without special permission of the Faculty.
2. A fine of ten cents per week will be assessed for each book detained over time,
payable cn i'.s return.
3. Any person faking books from the Library will be held responsible tor their
loss or injury. No pen or pencil marks shall be made in the books, and no books
shall be lent out of the household of the person responsible for the same.
No general reference work shall at anytime be taken from the Library Duildirig.
5, Any person willfully violating an" of the foregoing rules shall thereby forfeit
all ri<rht to the use of the Library.
JOURNAL
of
THE SENATE
of the
STATE OF GEORGIA.
<
o
MONDAY, November 5th, 1849.
At a biennial session of the General Assembly of the
3 State of Georgia, begu n and holden at the State House in
. the city of Milledgeville, in the county of Baldwin, on the
t* 5th day of November, in the year of our Lord one thousand
q eight hundred and forty-nine, and of the sovereignty and
Z independence of the United States, the seventy-fourth, the
S members elect from the different Senatorial Districts at-
y tended.
fie! The honorable Andrew J. Miller, Senator elect from the
^ 21st Senatorial District having been called to the chair, the
co Proclamation of his excellency the Governor was read by
the Secretary, by which it appeared that the following Sena-
-J tors were duly elected, to wit:
^ From the 1st Senatorial District, the honorable Thomas
O Purse.
P From the 2d Senatorial District, the honorable Joseph
^ Quarterman.
From the 3d Senatorial District, the honorable Thomas
Ji T.Long. . ...
1- From the 4th Senatorial District, the honorable Thornas
>. R. Dunham. '
M From the 5th Senatorial District, the honorable William
Q Jones.
Z From the 6th Senatorial District, the honorable Daniel F.
O McRea.
co From the 7th Senatorial District, the honorable William
H. Rawls.
From the 8th Senatorial District, the honorable Thomas
R. Hines.
From the 9th Senatorial District, the honorable James
Grubbs.
4 JOURNAL OF THE
From the 10th Senatorial District, the honorable Edwart
JrBlackshear. .
From the 11th Senatorial District, the honorable Smith
Turner.
From the 12th Senatorial District, the honorable Peter b.
Love.
From the 13th Senatorial District, the honorable Richard.
H. Clark.
From the 14th Senatorial District, the honorable James E.
Brown.
From the 15th Senatorial District, the honorable Jared
Tomlinson.
From the 16th Senatorial District, the honorable Van
Leonard.
From the 17th Senatorial District, the honorable William
B. Bryan.
From the 18th Senatorial District, the honorable, John W.
G. Smith.
From the 19th Senatorial District, the honorable Micajah
Johnson.
From the 20th Senatorial District, the honorable Leroy
Napier.
From the 21st Senatorial District, the honorable James
R. Smith.
From the 22d Senatorial District, the honorable Andrew
■ J. Miller.
From the 23d Senatorial District, the honorable Augustus
Beall.
From the 24th Senatorial District, the honorable Joseph
B. Gonder.
From the 25th Senatorial District, the honorable Albert
O. Mosely.
From the 26th Senatorial District, the honorable Allen
Cochran.
From the 27th Senatorial District, the honorable James
A. Miller.
From the 28th Senatorial District, the honorable Ira E.
Smith.
From the 29th Senatorial District, the honorable Blount
C. Ferrell.,
From the 30th Senatorial District, the honorable John
Jones.
From the 31st Senatorial District, the honorable John D.
Stell.
From the 32d Senatorial District, the honorable David J.
Baily.
From the 33d Senatorial District, the honorable Elias
Beall.
From the 34th Senatorial District, the honorable Henrv
Sanford.
SENATE.
5
From the 35th Senatorial District, the honorable William
Q. Aftderson.
From the 36th Senatorial District, the honorable Thomas
Johnson.
From the 37th Senatorial District, the honorable Jacob
Eberhart.
From the 38th Senatorial District, the honorable William
W. Clayton.
From the 39th Senatorial District, the honorable Charles
Murphy.
From the 40th Senatorial District, the honorable Edward
D. Chisolm.
From the 41st Senatorial District, the honorable Joseph
E. Brown.
From the 42d Senatorial District, the honorable Philip M.
Byrd.
From the 43d Senatorial District, the honorable William
B. Wofford.
From the 44th Senatorial District, the honorable William
Woods.
From the 45th-Senatorial District, the honorable James
Edmondson.
From the 46th Senatorial District, thp honorable Samuel
McBee.
From the 47th Senatorial District, the honorable James
M. Spullock.
Who appeared and were sworn agreeably to the Consti¬
tution of the State, by the honorable James A. Merriwether,
one of the Judges of the Superior Courts of this State, and
took their seats.
On motion of Mr. Cochran,
The Senate proceeded to the election of a President,
when on receiving and counting out the ballots, it appeared
that the honorable William B. Wofford, Senator elect from
the 43d Senatorial District, was duly elected.
On motion of Mr. Baily9>
A committee, consisting of Messrs. Baily, J. R. Smith,
Cochran, Ferrell and Stell, was appointed to notify him of
his election, and request his acceptance, and conduct him
to the chair.
The President elect, on taking the chair, addressed the
Senate, and returned his acknowledgments.
On motion of Mr. Cochran,
The Senate then proceeded to the election of a Secretary,
when, on receiving and counting out the ballots, it appeared
that Luther J. Glenn, Esquire, of the county of Henry, was
duly elected—and sworn, as prescribed by the 25th rule of
the Senate, and took his seat.
The Assistant Secretary, Alfred H. Colquett, was sworn
6
journal of the
, by the President, as prescribed by the 25th rule of the St¬
riate.
On motion of Mr. Andrew J. Miller, -
Resolved, That the Rules of the last Senate be adopte
the government of the present Senate.
On motion, . _ ,T
The Senate then proceeded to the election ot a ess n-
ger, when, on receiving and counting out the votes, 1 ap¬
peared that William S. Rogers was duly elected.
On motion of Mr. Cochran,
The Senate adjourned until 3 o'clock this day.
3 o'clock, p. m.
The Senate met pursuant to adjournment.
On motion,
The Senate then proceeded to the election of a Door
Keeper, when, after several ballotings, on receiving and
counting out the votes, it appeared that Asa B. Mitchell was
duly elected.
On motion of Mr. Cochran,
Resolved, That (the Secretary inform the House of Repre¬
sentatives that the Senate has organized, by the election of
the honorable William B. Wofford, a Senator elect from the
43d Senatorial District, as their President, and Luther J.
Glenn, of the county of Henry, as their Secretary, and are
ready to proceed to business.
On motion of Mr. Cochran,
The Senate adjourned until 10 o'clock to-morrow morn¬
ing.
IN SENATE.
Tuesday, Nov. 6th, 1849.
The Senate met pursuant to adjournment.
Mr- Stell moved to reconsider the resolution providing for
the adoption of rules for the Senate,
Which was agreed to.
Mr. Stell introduced the following resolution.
Resolved, by the Senate and House of Representatives, That
both branches of the General Assembly convene in the
Representative Hall on Friday, the 9th inst. at 11 o'clock,
A. M., to proceed to the election of a Judge of the Supreme
Court, a Judge of the Superior Court for the Northern Cir¬
cuit, a Judge of the Superior Court for the Eastern Circuit
a Judge of the Superior Court for the Southern Circuit, a
Judge of the Superior Court for the Western Circuit, a Judge
of the Superior Court for the Middle Circuit, a Judge of the
Superior Court for the Ocmulgee Circuit, a Judge of the
Superior Court for the Flint Circuit, a Judge of the Superior
Court for the Chattahoochee Circuit, a Judge of the Supe¬
rior Court of the Cherokee Circuit, a Judge of the Supe-
senate.
rior Court of the Common Pleas and of Oyer and Terminer
of che city of Savannah, and a Solicitor General for the
Coweta Circuit. •
On motion of Mr. Sanford, the reconsidered resolution in
reference to the Rules of the Senate was taken up.
Mr. Stell moved to amend, by adding the following words :
" Until altered or changed, and that fifty copifes be printed
for the use of the Senate,"
Which motion was carried, and the resolution as
amended, was agreed to.
On motion of Mr. A. J. Miller,
The Senate took a recess for one hour, until twelve
o'clock, M.
Twelve, m.
The following Message was received from the House of
Representatives, by Mr. Harrison, their Clerk :
Mr. President—I am directed by the House of Represen¬
tatives to inform the Senate, that they are organized, having
made choice of the honorable John W. Anderson, a member
elect from the county of Chatham, as their Speaker, and
Burwell K. Harrison, their Clerk, and are now ready to pro¬
ceed to business.
Mr. Cochran offered the following resolution, which was
taken up and agreed to:
Resolved, That a committee be appointed on the part of
the Senate, to join such committee as may be appointed on
the part of the House of Representatives, to wait upon his
excellency the Governor, and inform him that the General
Assembly is now organized and ready to receive any com¬
munication that he may think proper to lay before them, or
either branch thereof, and Messrs. Cochran, Clayton and
Chisolm were appointed that committee.
Mr. Cochran offered the following resolution, which was
taken up, read and agreed to:
Resolved by the Senate, That editors of newspapers or their
reporters, who desire to report the proceedings of this body,
be entitled to seats upon the floor of the Senate.
The following Message was received from the House of
Representatives, by Mr. Harrison, their Clerk :
Mr. President—The House of Representatives have con¬
curred in the resolutions of the Senate appointing a com¬
mittee to wait on his excellency the Governor, and inform
him that both branches of the Legislature are now organized
and ready to receive any communications he may make
them, and have added as a committee on their part, Messrs.
Wiggins, Nesbit, Fields, Walker and Villalonga.
8
journal of the
On motion of Mr* A. J.«JMiller, the memorial presented by
the President of the Senate, from John W. King, in relatio^
to a proposed change of the Constitution of the United
States was received and laid upon the table.
Mr. Cochran, as Chairman of the Committee appointed to
wait upon his excellency the Governor, made the following
report:
The committee appointed to wait upon his excellency the
Governor and inform him that both branches of the General
Assembly are ready to receive any communication he might
think proper to lay before them or either branch thereof, ask
leave to make the following report. That they have per¬
formed the duty assigned them, and received for answer
that he would lay a communication, with accompanying
documents, before both branches of the General Assembly,
this day at three o'clock, P. M.
Mr. Murphy offered the following resolution, which was
taken up, read and agreed to :
Resolved, That the President appoint the four standing
committees in conformity to the 21st rule of the Senate.
Also, that he appoint the Joint Standing Committee on the
Penitentiary, the Standing Committee on the State of the
Republic, on Finance, on Banks, on the Judiciary, on the
Military, on Internal Improvement, on Printing, and on
Public Education.
On motion of Mr. Napier,
The Senate adjourned until 3 o'clock, P. M.
Three o'clock, p. m.
The following message was received from his excellency
the Governor, by Mr. Smith, his Secretary ;
Mr. President—I am instructed by his excellency the
Governor, to deliver to the Senate his bi:ennial Message,
with the accompanying documents. 0
On motion of Mr. Stell, the communication was taken up
and read as follows:
senate.
9
MESSAGE..
EXECUTIVE DEPARTMENT, >
Milledgeville, Nov. 6, 1849. >
Fellow-Citizens of the Senate
and of the House of Representatives:
As the Representatives of the people, you have convened
to perform important public duties.
The simple machinery of our form of Government, by the
operation of which this responsible trust is confided, is not
to be appreciated more for the power and confidence con¬
ferred upon you, thau for the quiet and almost imperceptible
process by which, without commotion, those who lately oc¬
cupied the places you now fill, have been disrobed of au¬
thority.
In your deliberations as to the best means of directing
aright the destiny of our growing State, of developing its
resources, and elevating its character, yoti will not be un¬
mindful that "wisdom, justice, and moderation," should
be your guides, and the mark of your highest ambition.
The operations of the Government since the adjournment
of the last General Assembly, it is made my duty to lay be¬
fore you. In detailing the transactions of a period of two
years, it will not be remarkable, if I should fail to impart to
you the interest felt by myself in some of the many subjects
that will be submitted to your consideration; or, if in the
attempt to do so, I should be adjudged as trespassing upon
the limits prescribed, by good tasto, for communications of
this character.
Tt will be seen by reference to the last message of my
predecessor, that the public debt at that time was $1,579,-
875 60. . (This sum exceeded the true amount as has been
since ascertained, $1,000.) At the session of 1847, $375,-
000 00 were appropriated for the completion of the West¬
ern and Atlantic Rail Road, and $22,222 22 for the pay¬
ment of the claim of Peter Trezevant—making the entire
public debt and the liabilities incurred by the acts of 1847,
$1,976,097 82 on the 1st day of January, 1848.
The Bonds directed to be issued for the completion of the
W. & A. R. Road, and for the payment of the claim of Peter
Trezevant, were prepared with as little delay as possible;
the former were placed in the hands* of the Chief Engineer,
from time to time, to- be applied to the construction o£ the
railway from Dalton' to Chattanooga, and the latter paid
over to the Agent of Trezevant in discharge of his claim
against the State. In addition to the Bonds referred to,
10
JOURNAL OF THE
before the close of the last session of the General Assembly,
it was found necessary to make provision for the discharge
of sundry obligations entered into by Gov. Crawford and
the late Chief Engineer of the W. & A. R. Road, (Mr. Gar-
nett,) with certain Banks and individuals, secured by the
hypothecation of the State's 6 per cent. Bonds, amounting
to the aggregate sum of $183,500 00. This class of bonds
was made to draw interest at the rate of 7 per cent, per an¬
num. From the neat style in which they were gotten up,
the facilities extended to the holders in collecting the inter¬
est, as it falls due, at convenient commercial points, an addi¬
tional value was imparted to these securities, that enabled
me to effect a satisfactory arrangement with this class of
the public creditors, by the substitution of the new issue of
7 per cents, for the hypothecated bonds of an equal amount,
and also to redeem the obligations of the late Governor and
Chief Engineer, although, in a few instances, past due.
In consummating this arrangement, it is gratifying to
state, that no additional burden was imposed upon the
Treasury, except the small expense incurred in preparing
the bonds, conducting the negotiations, and the difference
between the rate of interest of the bonds hypothecated and
'the issue substituted under the act of 1847. Under an act,
passed at the last session, for the relief of the Central Bank,
bonds to the amount of $225,000 were issued in 18*48, and
$237,000 in the present year, to meet the accruing liabilities
falling due in the same period.
Pf At the close of the fiscal year 1S47, the bonded debt of
the Bank was $500,452 80—it is now reported to me
by the Cashier, to be $447,000. The $500,452 80 were
drawing 8 per cent, interest, the present amount 7 per cent.
By the sale of the bonds issued in 1848 and 1849, there has
been a saving to the Bank on the interest account of about
$6,870. This has been effected without the slightest shock
to the credit of the Bank, or the least encroachment upon
private rights. A registry of all the bonds issued under the
authority of the different acts passed in 1847, has been care¬
fully kept in this Department, which shews the number,
date, when and where redeemable, the rate of interest and
when payable, and every material fact descriptive of the
bonds and the coupons thereto attached.
Measures were taken, at an early day, to engage the ser¬
vices of a reliable House in London, to whom remittances
could be made to meet the interest, as it falls due, on the
foreign debt, which is now reduced to £ 15,000—the en¬
tire balance of the sterling bonds held by Messrs. Reid, Ir¬
ving & Co., amounting to 15,130 6, with interest and
commissions, having been paid early in 1848. The act ot
the 22d Dec. 1843 having provided a fund for the discharge
of the Reid, Irving & Co. debt only, and not a permanent
SENATE.
11
sinking fund, the inquiry naturally arose, at the close of the
last year, as to what application should be made of a bal¬
ance, which it was then ascertained, would be in the Trea¬
sury, at the close of the present year. Believing it to be my
duty not to permit a large sum of the public money to re¬
main in the Treasury, idle and unproductive, and being sus¬
tained in this view by the Financial Committee appointed
at the close of the fiscal year 1848, I adopted the suggestion
contained in their report herewith transmitted, and redeem¬
ed of the bonds issued under the act of 1847, for the comple¬
tion of the Western & Atlantic Rail Road, the sum of $ 75,-
000..
As a part of the inducement for the selection of those in
preference to other securities, I might mention that a most
advantageous contract had been made by the Rail Road
contractors with the Coalbrookdale Company, of Great Bri¬
tain, for the delivery in Savannah of the iron necessary to
the completion of the railway. The iron, to the value of
$ 75,000, under the arrangement, was pledged to the State,
making it her property, at a price below its market value at
that time, as an additional security. In any event the.inte¬
rest of the State was abundantly protected, and by it the
completion of the Road will be accomplished at an earlier
day than could beanticipated without this assistance. The
step is also deemed defensible on the ground, that bonds at
7 per cent, interest, amounting to more than six hundred
thousand dollars, for the relief of the Central Bank and the
redemption of the hypothecated bonds already referred to,
had been thrown upon the market, and were preferred se¬
curities by purchasers—and consequently expelled the six
per cent. Rail Road bonds, or forced the holders to submit to
a reduction equivalent to the difference of interest in the two
securities. This inequality in the value of the bonds, pro¬
duced by the different rates of interest, was embarrassing,
and threatened serious delay in the completion of the Road;
it was, however, in some measure overcome, by the policy
adopted, and the necessary funds to prosecute the work of
extension, were obtained.
Serious inconvenience results to the holders of our State
securities issued previous to the year 1848,—from the ne¬
cessity imposed of having to present them at the board of
the Treasury, for the coupons to be detached, in the presence
of the Treasurer, before payment is had, or to obtain the
signature of that officer on the back of each coupon payable
during his term of office. The sole object of this require¬
ment was to prevent frauds upon the Treasury. If it could
be relied on above all other means for this object, it might
be defended with propriety; but this is not believed to be
the case. It is thought that the plan adopted, in the issuing
of bonds during the last and present years, of having the
12
JOCRNAL, OF THE
coupons signed, numbered, and dated, and a correct regis¬
ter of the same kept, is the most reliable mode of detecting
any imposition that may be attempted on the Treasury.
No good reason is seen why all of our bondholders should
not be placed on the same footing; and certainly our early
creditors are entitled to as high consideration, and should
have as many facilities afforded them for collecting their in¬
terest, as those of a later period. As an additional reason,
it may well be considered whether the obtaining of a register
of all the bonds issued by the State, which is not now the case,
would not justify the expense and labor of preparing new
bonds, to be substituted in the place of the old ones. The
subject is commended to your favorable consideration.
The Reports for the financial years 1848 and 1849, of the
Treasurer and Comptroller General, are herewith transmit¬
ted. By law it is made the duty of the Treasurer, to sub¬
mit to the General Assembly, estimates of the probable re¬
ceipts and expenditures of the Government for the next two
years.
This officer, from the very nature and character of his
duties, is made the authoritative medium by which
you and the country are informed, at the opening of each
session, of the amount of income received from all sources
and the actual expenditures for the two preceding years—
and the estimated receipts and expenditures for the two
succeeding years, for your guidance and direction. My
attention, on first entering on the duties of the Executive
Office, was turned to the Treasurer's Report submitted to
the Legislature of 1847, and more especially, as the relia¬
bility of that Report was virtually endorsed in the late Go¬
vernor's communication, by adopting it as the basis of the
financial measures recommended by him to the Legislature
for adoption.
By comparing the estimates submitted to the General As¬
sembly in 1847, of the probable receipts and expenditures
for the political years 1848 and 1849, with actual receipts
and expenditures for the same period, the result will not
fail to convince you how little reliance is to be placed upon
all estimates of income and expenditure, made under the
present tax act. What is true of the two last years, will
be found to be also true of the two previous years.
This comparison is not invited with the remotest view of
reflecting upon the capacity or integrity of the Officers in
charge of the Treasury at the periods referred to; but my
object is higher—it is to show first, that the fault is not with
the officer at the head of the Treasury, but with our whole
system for collecting revenue ; and that as long as it is
maintained, results are, and will continue to be, exposed to
great fluctuations; and secondly, to expose the unreliable
data upon which I felt it to be my duty to reject the tax act
SENATE.
33
of the last session, among other reasons, because of its ap¬
parent insufficiency to raise adequate income to meet all
charges upon the Treasury.
It will be seen that the "sum of $ 67,351 52 was the total
available balance in the Treasury at the close of the present
financial year; from this sum are $ 25,172 21 of undrawn
appropriations, $ 15,199 30 of the tax for the year 1850
collected, and $9,625 50 dividends on "Education Fund,"
to be deducted, leaving a surplus at the close of the fiscal
year just ended, of $ 17,534 51. Of the undrawn ap-
propriations, it is probable that $ 3,000 will revert to the
Treasury—making the actual surplus about $20,534 50—
subject to any future appropriations the Legislature may
make. It is not believed that a higher rate of tax will be
required if the present system is continued; nor do I feel
at liberty to recommend any reduction. This must depend,
in a great measure, upon the appropriations, ordinary and
extraordinary, of the present session, and the sum that may
finally be established by law as an annual sinking fund—
a measure that should claim your early attention. '
The public debt is now $ 1,828,472 22. Of this sum
less than $ 23,000 are payable in January, 1858, and $ 10,-
000 in July, 1853. The balance of our bonds are payable
from 1868 to 1874—making the entire public debt redeema¬
ble in twenty-five years.
To provide a sinking fund for this object in equal annual
installments would require less than $ 74,000.
If the balance of the debt contracted for the extension of
the Western and Atlantic Railroad, of $ 300,000, be de¬
ducted in your estimates, you should then make provision
for one million and a half, in round numbers, and conse¬
quently reduce your sinking fund to $ 60,000 per annum.
This amount, at least, should be provided by law as a per¬
manent annual sinking fund; and in addition it is recom¬
mended, that authority be given to apply to the same object
any surplus that may be in the Treasury at the close of each
fiscal year.
By the adoption of the policy suggested, the public debt
can be fully discharged at or before the respective periods,
at which our bonds fall due, by a process certain to sustain
the par value of our securities, and by imposing upon the
people a burden so light as to produce no derangement in
business transactions or discontent in the public mind.
In the foregoing statement, no estimate is made for the
ultimate liability of the State on account of the Central
j3ank which, though not yet ascertained, it is believed will
not fall short of $200,000—and for the payment of this
-amount, when it becomes due, provision should now be
mafmong the interesting subjects that will claim your atten-
14
JOURNAL OF THE
tion during the present session, is the adoption of a system
of finance, equal in its burdens upon all interests, and, at the
same time, adequate to the wants of the State. I entertain
the opinion that the true policy of the State in raising reve¬
nue from its citizens, is never to demand more than its ne¬
cessities require, on the one hand, or fail in exacting an ad¬
equate sum for that purpose, on the other. It has long been
a source of regret and surprise that a system of finance ac¬
complishing this object has never been adopted. In review¬
ing our legislation on the subject, it will not fail to occur to
you that interesting as it is, and involving as it does, the es¬
sential principles of good faith in every monetary transaction
by the Government, as well as the most delicate of all rela¬
tions between the representative and constituent, it has shar¬
ed most sparingly of the care and deliberation erf those to
whom has been heretofore committed. Since the year 1804,
but little has been done in the way of improvement |to the
system then adopted. Did this proceed from the conviction
resting on the public mind that the system then adopted was
just and equal, or that it was reliable for its certainty in
bringing an adequate supply to the Treasury ? Or did it
originate from the want of moral firmness, or industry to in¬
vestigate, expose, and reform a system wrong in itself, be¬
cause of some imaginary dread of the constituent ? If the
latter, be assured that the representative has nothing to fear
from his constituents, if his measures are just and equal to
all. The People are honest; they are just, and expect of
you the adoption of measures in strict unison with those no¬
ble principles which will ever receive their cordial greeting.
Whatever, therefore, may be the wants of the State, crea¬
ted by proper legislation, having due regard to economy,
every right-minded man will cheerfully contribute his quo¬
ta. Place your tax act upon the plain principles of equality
of burdens and equality of benefits, and the people will sus¬
tain you. Viewing as an evil of no ordinary magnitude the
present system of specific taxation, with odious discrimina¬
tions in reference to. property and persons, I feel it to be an
imperative duty, most respectfully but earnestly, to urge
upon you its repeal, and the adoption of an ad valorem tax.
In offering some of the reasons that should induce the
change, I would not be understood as regarding slightly oth¬
ers that will readily suggest themselves to you as worthy of
consideration—much less will the limit I have prescribed for
myself, permit me to say all I could desire on this important
question ; much is, therefore, confided to the calm delibe¬
ration and patient investigation of the representatives chosen
by the People, in guarding and protecting their interests in
respect to this as well as other subjects. Two considera¬
tions, in the adoption of a system of finance, should be kept
prominently in view: first, the certainty of obtaining the re-
SENATE.
15
quisite amount to meet all the exigencies of Government
and no more—and, secondly, so to equalize and discrim¬
inate, if you please, between the different objects of taxation
as to make the available or productive property of the State
be£r its equal and just propdrtion of the burdens of Govern¬
ment.
Upon the first branch of the subject, it may be safely as¬
sumed that the income from taxes, under the present system,
cannot be estimated with certainty, or an .approach to it.
The truth of this position is fully shewn by reference to
the amount of income received under the present tax act for
the last several years. Although the amount received has
increased annually, it is apparent that causes, not remote or
improbable in their occurrence, may intervene varying the
income to an amount not anticipated, and bringing in its
train disasters highly prejudicial, if not absolutely ruinous to
State credit. If your expenditures are based upon any giv¬
en amount of income,, under the present mode of levying
and collecting taxes, you must take the hazard of a redun¬
dant Treasury, which is grossly unjust to the People, or, if
possible, the still more perilous hazard of failing to provide
a sum adequate to meet the just demands upon the Treasury.
It may be no difficult matter to ascertain the amount re¬
quired to meet the current expenses of the State, but none
would have the hardihood to assert what is to be the income
from specific taxation under the present act, or any other
based upon the same principle. .From the very nature of
the property assessed, the fluctuations in its value, the elas¬
ticity of conscience, or change of opinion, as often exhibited
in regard to the qualities of real estate, a degree of uncer¬
tainty and doubt must ever attend the present mode of rais¬
ing revenue. The evil of the present system does not stop
there, but is felt by the State in every business transaction:
we have a public debt, small it is true compared with our
abundant resources and the known good faith of the State,
yet it is not to be disguised that capitalists, in seeking in¬
vestments in State securities, scrutinize with vigilant and
searching minuteness, every feature of the financial system
upon which the State throws its securities into the market;
and if uncertainty in providing adequate means to meet all
demand's, is believed to be even a remote possibility, to that
extent at least, your credit is depreciated and the character
of the State thus injuriously affected. If, therefore, for no
other reason than the remote possibility of the mortification
all would feel at the depreciation of State credit, growing
out of the state of things here alluded to, it seetns to me
timely and wise measures should be adopted at this session
to put an end to all such fears.
If it be said that years of experience, under the existing
Rvstem. have demonstrated its adequacy and reliability, and
16
JOURNAL OF THE
therefore, no change is demanded, let me remind you that
one of the prolific sources of income, receipts from lands,
which hitherto so opportunely supplied all deficiencies, can
no longer be relied upon; that source is exhausted, and we
are now fb'rced to fall back entirely upon taxes, income from
bank stock, and the receipts of the State Road—all of which
are involved in too much doubt, perhaps, to form the basis
of reliable estimates. But if the nett income from the Rail
Road and. Bank . Stock, should swell the amount of our re¬
ceipts a quarter or half a million annually, or any other sum,
it would but strengthen the argument—as, in that event, it
would.be necessary only to raise by taxation a sum sufficient
to supply the deficiency from other sources.
But the subject remains* to be considered in another as¬
pect—one;that must commend itself to the head and heart
of any candid mind. The present system, it must be ad¬
mitted, rests upon no fixed principle of either specific or ad
valorem taxation; it presents the singular enough aspect of
patchwork—of a capricious, ill-digested, and miserable ex¬
pedient, that may answer its purpose for the brief period of
two years prescribed for its duration, and then to be thrown
aside to give place to something else of like duration, with
no higher claims to public confidence than that which prece¬
ded it.
But the objection is not confined to the temporary char¬
acter of our tax laws, or the consequent necessity of bien¬
nial legislation upon the subject, leaving the public mind
agitated and in doubt, but to the inherent difficulty, if not
impossibility, of establishing a durable and permanent sys¬
tem of finance upon erroneous and unjust principles.
No system of taxation which does not bear equally upon
the property of the whole people, can be just. The proper¬
ty of every citizen is equally protected by law, and there¬
fore, natural justice would seem to demand that it should
contribute equally to the support of Government. The
maxim that Equality is Equity, is peculiarly true in raising
an income for the ^tate ; and though a wise discrimination
in some instances in favor of specific property, with a view
of stimulating production in which the public at large may
have an interest equivalent to the surrender of its due por¬
tion of taxes*, may be tolerated as an exception to tl\e rule to
be continued for a season, yet these exceptions do not impair
the essential, just- and enduring principle of ad valorem taxa¬
tion.
Individual or political right are equal with the poor and
the rich ; in this respect there can be no difference; and,
therefore, if a poll-tax is imposed at all, it should be set apart
and applied to objects of education, in which all have an
equal interest, whatever their condition may be. But as
regards property, this equality is not found to exist; and as
SENATE.
17
Government is as much bound to protect and defend the citi¬
zen's right of property, as it is his personal or political rights,
so in the same ratio as the aggregate property of one citizen
exceeds that of another, should your system of- finance ex¬
act contributions of the one over* the other for the support of
Government.
With these principles kept in view, it remains to be seen
whether the present system of specific taxation falls unequal¬
ly upon different interests, and therefore unjustly, and
whether the ad valorem system would remedy the evils now
supposed to exist. In reference to the gross and palpable
inequality of the present tax law, it is so universally under¬
stood and acknowledged, that it might be regarded as a qse-
less waste of time to enter into any detailed statement on the:
subject. If the objects of taxation be considered in refer¬
ence to Agriculture, Commerce, or Manufactures, the ine¬
quality is striking.
The classification of lands operates unjustly. Lands of
equal value, situated in different sections of the State, and
in some instances in the same county, are subject to a differ¬
ent rate of taxation; nor is it believed that any classification
of real estate can be made that will remedy this defect.
The same remark is true of slaves, on all of whom is im¬
posed a specific tax, irrespeclive of their true value—mak¬
ing the tax,on a slave worth one hundred dollars the same as
upon ond worth one thousand. Not only does this inequality
J exist in regard to the agricultural interest, but when it is
contrasted with the commercial we al-e again astonished at
an inequality as impolitic in principle, as unwarrantable in
its discriminations. If Commerce is injurious to the State,
strike at it boldly; but if it is essential to the well-being of
the people, conducive to their prosperity and honorable in
its aims and object, abstain from all discriminations against
it. Instances might be multiplied, more fully demonstrating
the inequality of the present system of collecting taxes, but
sufficient has been said, it is hoped, to insure your patient
investigation—the result of which I cannot permit myself to
doubt. The benefits resulting from the substitution of the
adjvalorem principle over the specific, would be to invigorate
and stimulate every branch of productive industry; to give
quiet and confidence to the different interests by equalizing
the burdens'of Government; to secure to your Treasury, at
all times and under all circumstances, adequate means to
meet all the exigencies of the State; to diminish the taxes
by raising no more money than is needed; relieving the poor
by throwing the burden of taxation upon the property of the
more wealthy; placing your public credit beyond the reach
of false friends or open enemies; inspiring the people with
confidence in the Government; substituting equal and just
laws for unequal, unjust, and oppressive ones.
18
JOURNAL OF THE
These may be regarded as some of the happy fruits to be
produced by the proposed change.
Can it be believed that the people, so deeply interested in
this measure, will not give it their warm and cordial support ?
To think otherwise would- be a reflection upon their intelli-
. gence, and to doubt their devotion to the best interests of the
State; such an opinion others may entertain, but it can re¬
ceive no countenance from me.
The Reports of the Chief Engineer of the Western and
Atlantic Rail Road, as required by law, for the last two
fiscal years, with the accompanying documents, are here¬
with transmitted. It must prove a source of gratification to
every friend of internal improvement, to see the progress
with which this noble work has advanced almost to final
completion, retarded as it has been, from the period of its
inception to the present moment, by obstacles the most em¬
barrassing. Whatever difference of opinion may have ex¬
isted in the public mind, heretofore, in regard to this work,
it is now confidently believed that all sections of the State
are prepared to stand by it—and, by a liberal and wise poli¬
cy, to extend that fostering care, which in the end, will
abundantly reward them for the heavy expenditure of their
money in its construction and equipment.
The certainty of an early completion of this Road, is no
longer problematical. This opinion is formed, not merely
from the annual report of that able and efficient officer, the
Chief Engineer, but from a recent communication received
from him containing .the gratifying intelligence, that by ex¬
traordinary and almost unparalleled efforts, the faithful and
efficient contractors succeeded on the first ultimo, in push¬
ing the heading of the tunnel entirely through the mountain.
This achievement, being the first of the kind in the South,
will stand as a monument of Georgia enterprise. The
mountains have yielded to our industry and perseverance,
and the chief obstacle to the accomplishment of this great
work, is now overcome.
Before your adjournment, the completion of the Road
may be looked to with infallible certainty. The entire
grading is finished, the track laid within seven miles, or less,
of Chattanooga, and the two remaining unfinished bridges
so far advanced, as to cause but a few days' delay in laying
the rail.
This work being finished, the duty will devolve upoq
you of enacting such laws, constituting an organized and
authoritative system, for its government, which, this new
state of things may, in your judgment require. Hereto¬
fore, it has been the policy of Georgia to make the Execu¬
tive the head and.,responsible functionary to the people, for
the faithful management of your Asylums, your Penitentia¬
ry, and lately your Public Works. The accumulation of
SENATE.
19
labor, mental and physical, to say nothing of the responsi¬
bility inseparably incident to the increased duties, may, in
your estimation, deserve a passing notice. Experience and
observation have satisfied me that your Rail Road will be
managed with efficiency and impartiality in proportion as
you reduce the number with whom responsibility is to be
divided. Among the objections to constituting a Board of
Directors, may be mentioned the want of unity of action—
the total absence of that spirit-moving promptness indispen¬
sable to efficiency, and the indolence and inattention to pub¬
lic duties which result from the division of responsibility.
Whether it is safe and proper to trust so great an interest
in the hands of one man, does not become me to say. It is
to be expected that your attention will be directed to the
subject, with the hope that it will undergo a thorough in¬
vestigation, and such change be made for its government' as
will best advance its interests. Connected with the adjust¬
ment of a system for the government of the Western and
Atlantic Rail Road, may be considered the propriety of de¬
tailing a portion of the convicts, and placing them at Atlanta,
or some convenient and suitable point on the Road, for the
purpose of manufacturing freight cars, repairing engines,,
and performing generally such work as the Road may re¬
quire.
If this suggestion is followed, provision should be made
by law foh the construction, at the point selected, of suitable
buildings for workshops and cells for confinement. While
it is conceded that the adoption of the seheme suggested,
would involve a considerable expenditure, it is believed, if
it be the policy of the State to work convict labor on its own
account, a more judicious and profitable application of it
could not be made. Having briefly alluded to some of the
considerations deserving your notice in reference to the gov¬
ernment of the road, there remain to be presented others of
equal, if not greater magnitude. It was believed to be a
duty to indicate on the first opportunity presented, which
occurred just two years ago, not merely my desire to see
the Rail Road finished to Chattanooga, but that it be done
without increasing the public burdens, or creating the ne-»
cessity for increased taxation. The act of 1847, appropria¬
ting three hundred and seventy-five thousand dollars of the
bonds of the State, for the completion of the extension from
Dalton to the terminus in Tennessee, contains an express
provision that the nett income, after extinguishing all exist¬
ing liens on the Road, which amounted to the sum of one
hundred and thirty thousand dollars, should be applied to
the payment of said debt. Believing then, as now, if by
loaning the credit of the State, in the form of its securities,
payable at a future day, the completion of the Road could
be accomplished, that the increased receipts thereby secur-
20
JOURNAL OF THE
ed would not only relieve the Legislature from the necessi¬
ty of providing for their payment by taxation, but that an in¬
come from this source might be relied upon to aid in the li¬
quidation of the pre-existing debt, I felt no hesitation in giv¬
ing the bill my sanction, What was belief at that time has
assumed the mo^e solid form of fact at this. Then, as now,
the line of railway was but one hundred miles; the receipts
then as compared with the last two years, ending 30th ul¬
timo, shew an increase of the present over last year of four
teen per cent., and forty-seven per cent, increase over the
year 1847. This shews the wonderful and progressive de¬
velopments of the resources of our State, in two years by
means of the stimulus of this Road, acting mainly upon our
own people. The vallies between the almost innumerable
ledges of mountains to be met with in this section of the
State, containing large tracts of land equal in fertility to any
in the valley of the Mississippi, have been hitherto locked
out from trade by natural barriers; the inhabitants, from
almost insurmountable difficulties in obtaining a market,
were deterred from all efforts to produce much beyond the
requirements of domestic consumption; but now, they are
being aroused to action and to enterprise by the stimulating
and magic influence of accessibility to the markets of
the world. None can anticipate the capacity of this inte¬
resting region for agricultural products, to say nothing
of its mines and minerals. .If this be true—and the receipts
of our Rail Road prove it to be so,—what must be the in¬
creased business of the Road, when the hardened and in¬
dustrious citizens of the mountain regions of Tennessee,
are aroused by the inducement of a home market at remu¬
nerating prices ? Will not their efforts be invigorated, and
shall we not see the swelling tide of commerce rolling down
from that region in such quantities, as will bring to our
Treasury, solid and tangible evidence of the wisdom of
completing the Road to the Tennessee river?
In this picture, imperfect as it is, of our present and fu¬
ture prosperity, let us not be unmindful that much yet re¬
mains to be done to perfect and equalize, as far as practica-
Jble, the advantages and benefits of a judicious system of
Internal Improvements that will meet the wants of every
section. To travel on the smooth path of prosperity, it is
of vast importance that we keep steadily in view the sacred
principles of good faith to all men, and in all things; there¬
fore, let me, in the most respectful manner, recommend that
no temptation, however strong, induce you to permit the net
proceeds of the Railroad to be applied to any other object,
until the last farthing of the existing liens be fully discharg¬
ed. When that is done, we have an ample field for the ex¬
ercise of a powerful element in the advancement of the so¬
cial and intellectual condition of our youth. By,prqdent
SENATE.
21
economy and wise forecast, the receipts from this Road, af¬
ter discharging the just charges against it, will furnish a
fund by which a system of common schools can be extend¬
ed throughout the State.
It will be a proud day for Georgia, when by her public
improvements, the conviction is brought home to all, that
every section of the State has been stimulated to its great¬
est productive capacity, whether of Agriculture, Manufac¬
tures, or Commerce; and prouder and more glorious still
will that day be, when, by the wisdom of her measures, she
can boast of not having an uneducated son or daughter with¬
in her limits. These are the prominent objects to which
your deliberations should be directed; they are worthy the
consideration of the statesman, and, if accomplished, will
command the admiration of posterity.
By an act of the Legislature, approved 22d December,
1843, the Governor was authorized, under certain restric¬
tions, to dispose of the W. and A. R. Road. Without
questioning the expediency of the enactment at the time of
its passage, it may be safely assumed, that the true interests
of the State, as well as the subsequent liens created by law
upon the Road, preclude, from the minds of all, the proprie¬
ty of a sale upon any terms, and especially such ae are con¬
tained in the act. It is therefore recommended that the
4th, 5th, 6th and 7th, sections of said a<St be repealed.
A difference of opinion with many intelligent men as to
the true location of the State Road, very naturally subjected
the Corps of Engineers in charge of this work to strong sus¬
picions of consulting their own rather than the public inter¬
est ; with a view doubtless of removing, as far as possible,
all temptation from the agents of the State engaged in the
prosecution of the work, as early as December, 1838, an act
was passed, prescribing an additional oath to be taken by
the Superintendent, Commissioners, Chief and Assistant,
Engineers, by which these officers are prevented from pur¬
chasing any real estate or interest therein within three miles
of the Road. Whatever may have been the necessity at
that time for such restrictions, it will be admitted none such
now exist; the Road is located ; the public cannot be made
to yield to private interests; and the disabilities under which
this class of officers are placed, are not called for by any
corresponding good to the publics Restrictions to the full ex¬
ercise of a citizen's equal rights should be cautiously and sel¬
dom if ever adopted, and the reason for this provision of law
having long since ceased, it is recommended that it be re¬
pealed.
By reference to the Report of the Chief Engineer,
it will be seen that, from the papers on file in his office, the
right of way for the State Road through about two hundred
tracts of land has not been obtained. It is to be regretted
22
JOURNAL OF THE
that early steps were not taken to secure this object, as it is
apparent the delay has grealy multiplied and increased the
difficulty of its accomplishment. " Of this number, one hun¬
dred and sixty-eight are in this State, the balance in Ten¬
nessee. Under the existing law, except in cases where the
amount of damage is agreed upon by the Chief Engineer
and® claimant, there is no authority or fund provided for its
payment; and as a large majority of the cases are most like¬
ly to be accommodated by a submission to referees, as now
provided by law, authority should be given the Chiet Engi¬
neer to make such payments out of the proceeds of the
Road, or a specific sum appropriated from the Treasury for
that purpose.
From the Report of the Principal Keeper of the Peniten¬
tiary, which will be transmitted, it will be seen that the
balance in favor of profit, from the 3d Jan., 1848, to the
close of the fiscal year, is stated to be $21,353 59. This
fact is the best evidence of the ability with which the Insti¬
tution has been managed. Great attention has been paid
to strict economy, and no expenditure of money has been
made not absolutely required. Though it was not anticipa¬
ted, I apprehend, in substituting Penitentiary punishment
for the pillory and whipping post, that convict labor would
prove a source of income, yet it must be gratifying to know,
that under ordinary circumstances, its affairs may be con¬
ducted so as to prevent it' from being a charge upon the
State. For the last two years this has been done, and the
proceeds of the convict labor exhibit, it is believed, a great¬
er profit for the same time than at any former period. No
appropriation was made by the last Legislature for the sup¬
port of the Penitentiary. This is the first instance, for
many years, when aid from the Treasury has not been
asked for and granted; nor will any appropriation be re¬
quired for the next two years, it is believed a sufficient
sum can be realized from the assets to meet all exigencies
that may arise.
In contrasting the indebtedness contracted since January,
1848, with that for the like period of former years, the
same favorable result is observed.
Several suggestions are made by the Principal Keeper,
deserving of your consideration. The mode prescribed by
law for keeping the books was considered so objectionable
by the Financial Committee appointed at the close of last
year, that they recommended a change, which was adopted,
with the hope of presenting the affairs of the Institution in
a less complicated form, than could be done under the mode
heretofore used.
In adopting the suggestion of the Committee, the mode
required bylaw was not abandoned; and the Legislature
will by comparison be enabled to adopt the one or the other
SENATE.
23-
as they may deem most advisable, ^he duties imposed
upon the Book Keepers are onerous, and experience
has shown the necessity for a salesmen, whose duty should
be confined to the selling of the manufactured articles, and
the collecting of the debts.
The, Penitentiary has, doubtless, sustained heavy losses
from the system of credit heretofore established ; it would
not be advisable, perhaps, suddenly to change it; but a pe¬
riod should be fixed by law, when the discretion, i$,' this
respect should cease, and it be made the duty of the Book¬
keeper to put all outstanding debts in a train for pollection.
It is believed the office of Inspector may be abolished, and
its duties performed by the Salesman, upon requisition made
of him by the Principal Keeper. Much diversity of opinion
exists, and will continue, doubtless, in reference to the
treatment best calculated to produce reformation with the
inmates of the Penitentiary. It must be admitted that there
is a great diversity of character among convicts. With
hardened offenders but little, in the way of reformation, can
be anticipated from imprisonment; they go out, in most in¬
stances, as they come in—abandoned in feeling, and bank¬
rupt in moral principle, at enmity with society, and ever
ready to commit lawless outrages upon it, under the slight¬
est provocation, or when encouraged with the least hope,
however delusive, of escaping detection; but there is anoth¬
er class, differently constituted, possessing keen sensibility,
and a quick sense of honor, who, impelled by strong feel¬
ings, and not unffequently by bad advisers, violate the
criminal law;—these, on reaching the inside of the prison
wall, are made the equals of the black-hearted robber, the
contemptible thief, and the more dangerous character still,
who combines the two with talent, cunning, daring, bold¬
ness, and a large amount of hypocrisy, that readily adapts
itself to the lacerated feelings and deep-mortification of the
more honorable. The effect of such associations is easily
foreseen. In this point of view, I have no doubt our whole
system is radically wrong; there should be an entire separa¬
tion of the different classes of offenders.
The present system of working all the convicts together,
and placing them in all respects upon the same footing,
without any power on the part of the Principal Keeper to
discriminate, exerts, in my judgment, on many, and especial¬
ly young men, a hurtful influence. These suggestions are
submitted with great deference to the sound and searching
investigation of the Legislature—it will be for you to deter¬
mine, whether the benefits reasonably to be anticipated
from the change, will justify the greatly increased expense,
that would necessarily result from its adoption.
I cannot too earnestly impress-uponyou the necessity of a
borough investigation of the affairs of the Penitentiary
24
JOURNAL OF THE
with a view that its present and past management, may be
laid before the country, and even-handed justice done to all
who may have been or are now connected with it.
The last Legislature passed an act declaring certain
lands in the county of Ware forfeited to the State, and pro¬
vided for- disposing of the same. By the provisions of
the Statute the lands sold under an act of the General As¬
sembly, passed 23rd December 1833, and which were not
paid for dnd granted at the passage of the law were declar¬
ed to be forfeited. • If the power be conceded to the Legis¬
lature to rescind at pleasure a contract made with her citi¬
zens for the purchase of lands, without previous notice of
such intention, still as the act in question is the only instance
recollected where the power has been exercised, it was ap¬
prehended any attempt to carry out the provisions of the
law, would have involved the State in expensive litigation in
all that class of cases where the entire purchase money had
been paid. The responsibility was assumed of allow¬
ing the owners to come forward within a reasonable time,
and by paying into the Treasury the usual fee to obtain
grants. By the adoption of this policy, so uniformly observ¬
ed by the State in reference to the granting of public lands,
the receipts into the. Treasury were suddenly increased,
and an act of justice done the purchasers, and much litiga¬
tion avoided, that would have resulted, as it is believed,
prejudicial to the State. A small portion of this class of ca¬
ses were not granted within the time prescribed by the Ex¬
ecutive order passed, which remain undisposed of. Where
the entire purchase money had not been paid, the power,
as well as the propriety of the law declaring them forfeited,
was regarded as less questionable; but upon a careful ex¬
amination of the* provisions of the act, it was believed the
expense the State would incur in causing the sale to take
place, would absorb the receipts, or so nearly so, as to render
it desirable to postpone all action, and refer the subject to
the present Legislature, with the view of having such
amendatory legislation, as would diminish the expense of
selling, and secure with greater certainty a fair equivalent
for the lands when sold.
It is my duty to bring to your notice the situation of a
large number of fraction owners, whose lands were forfeited
by the act " to authorize the Governor to appoint fit and
proper persons to sell the undrawn lots in the land lotteries
heretofore had in this State, and to limit the time.for fraction
purchasers to pay for and take out grants," passed at the
last session of the Legislature.
The Surveyor General furnished this Department with
the number of undrawn lots and fractional lots ungranted on
the 1st of November 1848; but before the sales were order¬
ed, as required by the act, it was made known to me that
SENATE
25
many of the undrawn lots had been sold under authority of
law, and the purchase money paid, and that quite a number
of the ungranted fractional lots had been fully paid for by
the original or subsequent purchasers long anterior to the
period fixed as a limitation to issuing grants. In most in¬
stances also proof was adduced showing that the certificate
of purchase had been transferred from the original to sub¬
sequent purchasers bona fide, and that the present owners
were ignorant that the grants had no.t issued from the State.
Becoming satisfied that a large number of worthy land hold¬
ers were likely to lose, in many instances, their most valua¬
ble real estate, from ignorance of the law rather than a de¬
sire to delay or evade the just claim of the State to the
grant fee, it was believed to be in strict conformity with the
liberal policy and high sense of justice exercised by the
State towards her citizens, to direct the sale in all such cas¬
es to be suspended upon the deposite of the grant fee with
the Treasurer, or agent appointed for that purpose, and the
production of satisfactory proof of ownership or interest in
the party making the deposite.
The sum of $ G98 50 is now in the hands of the Treasur¬
er, on deposite, being the grant fees for two hundred and
twenty-three undrawn and fractional lots, for which no
grants have yet issued, or will issue until directed by the
Legislature.
It is therefore recommended that the sum of money in the
hands of the Treasurer, be directed to be transferred to the
Treasury, and that grants be allowed to issue to the bona
fide owners of all that class of undrawn and fractional lots
of land falling under the description referred to. Copies of
the Executive orders, with a report of the lands sold and
such as remain undisposed of, under the two acts of the last
Legislature, are respectfully submitted.
A copy of the report and Resolutions adopted by the last
General Assembly " in relation to the boundary line be¬
tween Georgia and Florida," was transmitted to the Govern¬
or of that State in April 1848, and his attention respectful¬
ly invited to the liberal terms proposed for an amicable ad¬
justment of the controversy pending between the two States.
No advance however was made,-or definite action taken, by
the authority of that State uhtil the past winter, when the
subject was referred to/its Legislature in the annual mes¬
sage of Governor Moseley, in terms so commendatory of the
plan proposed for final adjustment by this State, that the
hope was entertained that I should be enabled to lay before
you, at the present session, the gratifying intelligence that a
final adjustment, upon terms honorable to both States, had
been consummated. The Legislature of Florida, however,
thought proper to disregard the conciliatory spirit, and de¬
sire of this State to preserve amicable relations, as manifest-
26
JOURNAL OP THE
ed by the Report and Resolutions of December 1847, and
adopted resolutions deemed by me discourteous to the kind¬
ly feelings and high sense of honor which have characteriz¬
ed our legislative action on the subject, and virtually closing
the door upon all future attempts at friendly adjustment.—
A copy of the Resolutions was transmitted to me by Govern¬
or Mosely, accompanied by a communication under date 6th
February 1849, to which my reply was made in March
last. Since then no correspondence has taken place be¬
tween the authorities of the two States, and no official infor¬
mation has been received at this Department on the subject.
-The state of the question, as it now exists, is the result of
no ill temper or illiberal exaction on the part of the Execu¬
tive of Georgia—but, on the contrary, with an indulgent
feeling necessary to yielding implicit credence in the good
faith , with which our young sister advanced her claim, every
consideration consistent with a consciousness of right and
a recollection of the most sacred ties of blood and friend¬
ship, was urged to bring this vexed question to a speedy
adjustment. Entertaining the opinions expressed in my
last letter to Governor Moseley, a copy of which with all
the correspondence on the subject is herewith transmitted, I
do not feel authorized to recommend any further attempt
on the part of this State at negotiation, until invited by the
authorities of Florida.
What becomes your duty, should you believe the nego¬
tiation closed, will readily suggest itself.
If our title to the disputed territory, worthless as it is to
us, is deemed clear and beyond successful opposition, we
must assert and maintain our rights, or voluntarily abandon
them. Whatever action, if any, you may think it prudent
and proper to take, will receive my sanction.
Copies of the Reports of the Commissioners of the Deaf
and Dumb Asylum, and of the Trustees of the Lunatic
Asylum, are herewith laid before you.
These reports shew that both of these Institutions have been
managed with ability and eminent success. To every phi¬
lanthropic mind, these contributions by our State to suffer¬
ing humanity, must be regarded as a source of just pride.—
They exhibit, in a wonderful manner, the achievement of
science over the heaviest afflictions that befall our species.
Founded, as they are, in the warmest sympathies of our
nature, it will be the aim, doubtless, of the Legislature to
afford to each institution liberal means to enlarge and im¬
prove the sphere of its usefulness. In such works of chari¬
ty, proposing and seeking the relief of the most unfortunate,
I know of no limit to recommend to your appropriations,
but to explore the field of operation for the advancement o.
each institution, consult your ability, and if it will not take
you to the most distant boundary you could desire, be found
SENATE.
27
on the road as far thither as a proper regard for other great
interests will justify you in going.
The Militia laws of the State are defective, and the fail¬
ure under them to inspire officers and privates with a pro¬
per military spirit, has been so often brought to the attention
of different Legislatures, by those that have preceded me,
that the subject is now alluded to with a misgiving of the
adoption of any system that will give efficiency to our mil¬
itia force. If it be desirable to impart to the whole or a por¬
tion of our people, capable of bearing arms, that knowledge
of their use, which will enable them to perform good ser¬
vice for the State in the hour of need, some other than the
present plan of organization and training should be adopted.
I suggest that the whole of our population, subject to per¬
form military duty, be divided into three classes—each of
which to be trained and disciplined for a period of six years,
and subject, at. a moment's warning, to be called int:> ser¬
vice by the proper authority, and then to be exempt from
all duty until all the classes had served a tour in like man¬
ner, except in case of insurrection or actual war.
Should you adopt this course, or any analagous one, it
should be followed by a perfect equipment of arms, suita-.
ble to the different descriptions of service that might be re¬
quired. The plan suggested cannot claim any advantage
over the present organization, unless the whole process of
training and disciplining is placed under the control of ex¬
perienced and competent officers. To accomplish all this
would be attended with some expense. The officers se¬
lected to impart the necessary instruction would have to be
paid ; and to result in much good, the encampment and pro¬
tracted drills would, in many instances, be onerous on the
poor man, dependent on his daily labor for support, and
some allowance, in the way of defraying actual expenses,
would seem proper for them. The details necessary to car¬
ry out the plan proposed, are confided to your judgment.—
As every able-bodied citizen is bound to contribute? to the
State, in service, as well as money, his due quota, the total
exemption from all military duty for twelve years in the
plan proposed, except under the casualties referred to,
would compensate, in a great measure, for the extra toil
and labor of the term of service proposed ; while, on thq^
other hand, more reliance could be placed upon one-third
of the effective force, thoroughly trained for prompt and
immediate action, than upon the whole under the present
organization.
In governments where the popular will is consulted
upon questions affecting the public weal, it is deemed of great
moment to attain this object in a manner as free as possi¬
ble from all undue influence and irritating excitement.—
Under our free institutions especially, it is expected of
28
JOURNAL OF THE
every individual, in the exercise of the right of suffrage,
that he will be governed by reason rather than prejudice,
by patriotism rather than partizan zeal; nor should we
be unmindful that upon each voter rests the responsi¬
bility of deciding for himself questions of a political charac¬
ter touching the welfare of the State.—-No man, whatever
his condition may be, can claim exemption in this respect;
each individual is a component part of the State, and
while it is a privilege, it is nevertheless a duty resting
upon every good citizen, to act upon his own good judg¬
ment for the best interest of the whole.
Whatever, therefore can be accomplished by you in the
way of reforming existing abuses, you will doubtless un¬
dertake.
Purity in elections, after all that can be achieved by
wholesome legislation, may not be attainable until the
public mind is brought to exert a salutary moral influence
over the subject; but this should not discourage you ; an
evil certainly exits—corruption is seen at each returning
election. A suitable appliance of money, if not at present,
may, at no distant day, be regarded as the conclusive
argument in favor of the pretensions of one candidate
for popular favor, and against those of another—against one
set of principles, and in favor of another.
Will, or can, or should a government liable to be con¬
trolled by such corrupting influences, command the esteem
and confidence of the good and virtuous ?
What becomes of the boasted equality between the poor
and the rich for popular favor, if this demoralizing agency
of an appeal tp the pocket is not arrested ?
You will readily perceive that the poor, though wor¬
thy and meritorious, will be excluded, and the wealthy,
alone, will obtain high places of honor and profit. When
this, is the result, you may expect bad laws, and, if the
thing.be possible, a worse administration of them. With
the hope that this disease is not constitutional, but merely
local in its character, so far as our State is concerned,
I would suggest one or two of a series of remedies, which, if
adopted, would do much in arresting the further progress
of the malady.
By the Constitution of the State it is provided : "In all
elections by the People, the electors shall vote viva voce
until the Legislature shall otherwise direct." The act of
the 4th of December, 1799, provided that all future elec¬
tions by the People, should be by ballot. The repeal of this
act would revive the mode of voting prescribed by the Con¬
stitution, which would, it is believed, contribute largely
in the correction of many evils that now exist.
All temptation to deceive by false promises and pledges
never intended to be redeemed, with many other vices at-
SENATE.
29
tendant on voting by ballot, if not entirely removed, would
be of less frequent occurrence, in proportion as the chanc¬
es for detection are increased by the one mode over the
other.
It is also recommended, that it be made the duty of the
Circuit Judges, to give in special charge to the Grand Juries
of the respective counties, the substance of such Statutes as
impose penalties for illegal voting, or buying or seling votes.
Let suitable provision be made for the enforcement of the
Statutes now in force, or otherwise repeal them.
Indeed, all oaths required by law, and all penalties affix¬
ed for their violation, whether in the shape of fines, forfeit¬
ures, or disqualification for office, had better be repealed,
if they are not rigidly enforced. Where the first step should
be taken, will readily occur to you.
It is believed that our laws regulating the salaries of the
different officers of the State, require revision.
A.s a general rule, it may be assumed as sound economy
that the State should secure the best services, at the lowest
reasonable compensation, but, • is it true, that low salaries
secure, in every instance, the requisite qualifications ? True
econqmy consists more, in securing the efficient and faithful
discharge of public duty, than in the mere saving to the
State of the difference between reasonable and inadequate
compensation. " The laborer is worthy of his hire," is a
sound principle of the highest authority—and embodies the
elements of true economy, as well as natural justice. It is
not the lowest salary that is always cheapest to the public;
it is the most faithful, able, and efficient discharge of the
public duties, that is cheapest in the end; it is this the public
are willing to pay for; and any thing short of this, no matter
at what price, in dollars and cents, it may be obtained, so
far as the public is concerned, is the most extravagant salary
that is paid.
The true policy for you to pursue, is to affix to each office
such salary, or perquisite, aswill command high qualifica¬
tions, pure character and business habits, and to hold all
officers to the most rigid discharge of duty, under suitable
penalties and disabilities.
This done, and you will have laid the foundation of a sys¬
tem, which, if carried out in all its ramifications, must be
productive of happy results in elevating the character of our
State and people, by lessening, if not entirely arresting, the
scramble for office known to exist in some sections of the
Union, and the germ of which may take root in our own soil,
if it has not already done so. The salaries of the Judges of
the Supreme and Circuit Courts, the State House officers and
especially the Secretaries of the Executive Department, the
officers of the State Road, as well as some of the officers
connected with the Penitentiary, may well claim your atten-
30
JOURNAL OF THE
tion. Thev should, at least be equalized, so as to bear some
just proportion to the character of the labor, both mental and
physical, performed. No officers engaged in the public ser¬
vice are entitled to more consideration at your hands, than
the Secretaries of the Executive Department; their duties
are not only onerous, but often complicated, and none but
men of mind and business habits, can discharge them with
safety to the public or satisfaction to the Executive; and
yet their salaries "are six hundred dollars less than those of
the other officers connected with the State House. For this
inequality there can be no sufficient reason assigned.
By law no salary is fixed for messenger to this Department,
and yet such an officer has been found necessary by my
predecessors, and paid out of the contingent fund. For this
officer provision should be made, and his salary fixed by
law1; as it cannot be regarded expedient for the Executive
to be charged with the expenditure of money, except in cas¬
es not foreseen, and for which, therefore, no provision can
be made.
In recurring to the sources of our improvement, none is
more striking than the establishment of a Supreme Court
for the correction of errors in law. While its present organ¬
ization may in some respects be defective, the^abihty and
integrity of the Court is a sure guarantee of its future useful¬
ness. Uniformity and certainty in the administration of the
law produce, in the breast of the g jod citizen, a strong con¬
fidence that the rights ol all will be protected, and justice
fully administered, which is greatly conducive to the
peace, good order, and moral advancement of society. In
view, however, of the increasing labor that is likely to de¬
volve upon the Court, it may well be considered whether
the interests of parties, as well as justice to the Judges, do.
not suggest the propriety of diminishing the number of plac¬
es, at which it is now necessary to hold the Court, to the
number prescribed in the Constitution—and thereby con¬
vert the time now occupied in travelling to different points,
to the more desirable object of investigating and deciding
complicated and grave questions of law.
The law setting apart the second Monday in January bi¬
ennially for the election of clerks of the Court of Ordinary,
has been productive of inconvenience in practice, and, in
some instances, given rise to embarrassing questions for the
decision of the Executive. It is obvious that every 4 th year,
when the Justices of the Inferior Court are elected, they
may, in counties lying contiguous to the seat of government,
be qualified under the law to enter upon the duties of their
office on or before the second Monday of January, and
would therefore, it is believed, have the sole power of elect¬
ing the clerk of the Court of Ordinary, while justices in
counties remote from the seat of government, would be
SENATE.
31
less likely to be qualified, and the duty of electing the
clerk might devolve on the old court.
The rule should be uniform throughout the State, and a
day fixed in February or March, that would secure to the
new Court the election of its clerk; or what would be still
more desirable, this election should be referred directly to
the people, as in the case of the clerks of the Superior and
Inferior Courts.
From a communication, directed to me by George L.
Deming, Secretary and Treasurer of the Board of Com¬
missioners appointed ' under the authority of an act of the
General Assembly, passed in 1836, appropriating $ 10,000
for the improvement of the navigation of the Oconee river,
it appears that there is an unexpended balance in his hands'
of $ 2,289 39, which he proposes to return to the Treasury,
' upon the passage of a law, or joint resolution, directing him
to do so. I recommended, with great pleasure, prompt ac¬
tion by you in accordance with the proposition of the said
Secretary and Treasurer—a copy of whose communication,
accompanied by an account current, is herewith laid before
you. _
The necessity for a new and revised Digest of the Sta¬
tute laws of this State, combining method in the arrange¬
ment of the subjects with accuracy, has been long felt; a
work of this character is not only desirable but absolutely
necessary. The labor of executing this task has been un¬
dertaken by Thomas R. R. Cobb, E§q. It is proposed to
bring the compilation down to the present time, with copious
and full notes of all decisions made by the Supreme Court
upon each statute. To the different Officers of the State
and the general reader such a work, if it proves to be what
I believe it will, would be invaluable. The known ability of
Mr. Cobb for this undertaking, the adyantages he possesses
as State Reporter, his industry and his familiarity with the
law, furnish strong guarantees of his success in the con¬
templated enterprise.
I would therefore recommend that provision be made
for the appointment of a committee to examine the work
when completed, and that authority be given the Executive,
if it should be approved by the committee, to take a suffi¬
cient number of copies to supply the different officers of the
State—and that an appropriation be made for that purpose.
During the last Session, a resolution passed both branches
of the Legislature, as appears from the journals, directing
the Governor to appoint a committee to examine the manu¬
script work of Mr. 'George White, upon the statistics of the
relate. This resolution, from some cause unknown to this
Department, never reached it, and consequently failed to
receive my assent. Whether or not this casualty may not
have -resulted in injury to Mr. White, which this Legisla-
32
JOURNAL OF THE
ture should repair, is respectfully submitted to your consid¬
eration. . .
From information lodged in this Department, it is believ¬
ed that the county of Cass has incurred heavy expenditures
in providing for the comfort and protection of a number of
her citizens who were attacked with Small-pox, and in pre¬
venting the spread of the disease as far as possible. Where
a calamity so great has fallen upon the citizens of a county,
in view of the derangement of all business pursuits that en¬
sues, and the distress of mind that more or less 'communi¬
cates itself to the surrounding community, previous Legisla¬
tures have deemed it proper to make a suitable appropria¬
tion from the Treasury for the relief of the Gounty. The
subject is submitted to your consideration, with the belief
that a liberal provision will be made for the relief of that
county, worthy of the sympathy of the State for the severe
visitation upon a portion of her citizens.
Under a resolution of the last General Assembly, direct¬
ing me "to appoint three suitable persons as a Committee to
enquire into the state of Education in Georgia, to report to
the present Legislature on the operation of the present Poor
School law, and to recommend any alteration in the same
that may seem advisable, and for other purposes," the Hon.
A. H. Chappell, Bishop Elliott, and Dr. Leonidas B. Mer¬
cer, were appointed.
The hope is entertained, that the report of the committee
will be made to you, as contemplated by the resolution.—
The ,subject is one of vast importance, and I trust will en¬
gage a liberal share of your consideration.
Feeling however, that by the terms of the resolution, it
was intended to obtain information from the committee, rath¬
er than the Executive, to that source I respectfully com¬
mend you. 1
I felt it' my duty to withhold my approval of two acts of
the last General Assembly and one resolution which are
herewith transmitted to the respective branches of the Le¬
gislature in which they originated, with my objections
to each.
The law giving jurisdiction to the Inferior Court in the
trial of slaves for capital offences, is believed to be defective.
The Justices of this Court are usually selected from the citi¬
zens of the respective counties without special reference to
their legal attainments:—and to impose upon them the re¬
sponsibility of deciding complicated and vexed questions of
law involving human life, is, to my mind, unjust to them as
a Court, and not the most reliable mode of attaining tha ends
of justice by a fair trial in the due course of law. It is there¬
fore respectfully recommended that in the trial of slaves and
free persons of color, for all offences declared capital, juris¬
diction be given to the Superior Court; and that such "modi-
■SENATE.
33
fication of existing laws be made, as this change of jurisdic¬
tion will require.
In this connection, it may well be considered whether the
12th Section of the 13th Division of the Penal Code, in rela¬
tion to cruel treatment of sldves by their owners, should not
be amended. The objeet of the Legislature, by the passage
of the section in question, was doubtless to protect the slave
from cruel treatment upon the part of the owner or author¬
ized agent, and though the instances of the violation of the
Statute are rare, yet, it must be conceded that convictions
will seldom be had under it, so unguarded is the language
employed in defining the offence. In every contest involv¬
ing the treatment of the master to his slave, the advantage
of the former over the latter is apparent, and hence the pro¬
priety, if it is intended to carry out this humane policy by
imposing penalties on the owner, authorized agent, or stran¬
ger, who may be guilty of this offence, to define with accu¬
racy the treatment which shall be regarded as cruel, ds well
as the evidence which should authorize a conviction.
In the present excited state of the public mind upon the
subject of slavery throughout the Union, it is believed to be
the duty of the Legislature to review previous legislation
upon the subject, and so modify and change the same as to
demonstrate to the world, that while we are actuated by a
humane andchrist:an policy in protecting this portion of our
population by wholesome laws, we will by equally salutary
provisions, however rigorous the necessity of the case may
require, enforce perfect subordination with the slave, and
inflict the most exemplary punishment upon those who seek,
within our jurisdiction, to interfere wfth our domestic policy.
It is worthy of consideration whether the punishment for
negro stealing should not be made capital. Its frequent
occurrence of late by persons from other States, admonishes
us that strong measures should 'be adopted to arrest the evil.
Those guilty of this nefarious crime within our limits, must
be made to feel the vengeance of the law. Let our policy
be marked with kindness to the slaves, but terror to him
who dares invade the citizen's right of property in them.
Under ordinary circumstances, I should abstain from in¬
troducing any topie not strictly local in its character; but
there are great and paramount interests enjoyed by us in
common with a portion of the States of the confederacy,
which require constant vigilance and great moral firmness
to protect from Federal encroachments.
When aggression from this quarter is perpetrated, or the
danger imminent, the Executive should communicate' the
same to the Representatives of the People, in terms of be¬
coming forbearance and moderation, and suggest the adop¬
tion of such measures as the public interest demands.
A fell spirit of blind and infuriated fanaticism, ever turbu-
34
JOURNAL OF THE
lent and disorganizing in its tendency, has- displayed itself
to a greater or less extent, in most, if not all, of the non-
slaveholding States of the Union, on. the question of slavery.
Contemptible as we regarded this spirit upon its first de¬
velopment, we have reached the'point, in a few years, when
it may be assumed as incontrovertibly true, that a controll¬
ing majority of the voters in most, if not all, the non-slave-
holding States, are hostile to the institution of slavery ; nor
is it to be disguised that the Abolitionists, under the new
name of the "Freesoil Party," are resolved, by every means
that wicked hearts can devise, to torture, annoy, and har-
rass the slave-holder, until the institution itself is abolished,
or the value of the slaves destroyed, unless we arrest it.—
As a proof the ultimate design of these fanatics, may be
mentioned the formation of associations, known as ''Aboli¬
tion Societies," from which they fulminate the coarsest abuse,
and issue the most inflammatory addresses, resolutions, and
reports, stigmatizing the citizens of the slave-holding States
as heartless brutes, merciless tyrants, unscrupulous task¬
masters, and odious dealers in human flesh—in fine, they
have found no epithet too harsh, or slander too gross to heap
upon the South and its institutions.
Not content with this, they have of late assumed a bolder
tone, and thrown off all disguise. Under their new organi¬
zation of the "Freesoil Party," they have asserted, with con¬
summate effrontery, that slavery shall never exist in the pre¬
sent or future territories of the United States ; that beyond
its present limits it shall not be extended, and therefore vir¬
tually claiming to appropriate to the exclusive use of the
non-slaveholding States and their citizens the territories now
held, or hereafter to be acquired, by the United States. In
accordance with these views, they have, through their Rep¬
resentatives from those States, introduced and passed, in the
House of Representatives of the United States, that noto¬
rious measure, known as the " Wilmot Proviso."
Nor have they stopped at this—one aggression is quickly
succeeded by another. And we have seen the deliberate
effort made in Congress to abolish slavery in the District of
Columbia, and the slave-trade between the several States
where slavery now exists. Whether the passage by Con¬
gress of these several measures, or any one of them consid¬
ered separately, would justify the Southern States in adopt¬
ing immediate measures for their preservation, or not, there
can be nq doubt that it would be the true policy to pursue,
when we recollect that in many of the Northern States, by
Statute and the current of their judicial decisions, in open
violation of an express provision of the Constitution of the
United States, the owner is prevented from reclaiming his
fugitive slave. &
While wrongs should be endured for a season, rather
SENATE.
35
man resort to extreme measures, about the propriety of
which reasonable minds might differ, I cannot, however,
persuade myself that our safety, or honor, will permit the
perpetration of another additional aggression to the list of
wrongs so long and patiently borne from the North. Let
facts be stated, and the unprejudiced decide. As free and
independant States the compact of Union was formed ; con¬
flicting interests between the several States, had to be re¬
conciled; concession was, therefore, inevitable ; the South
yielded to the North and the North to the South ; slavery
had to be protected and secured to the South, or otherwise no
Union could have been formed. This was done, and the
constitution ratified ; peace, prosperity and strength grew
out of the Union ; every portion of the country, North,
South, East and West, was prosperous and prospering ; the
South made no encroachment on the North : no murmuring
was heard from us at the concessions in favor of'its interests; but
the fell spirit comes, and the nation is aroused from its repose
by the North suddenly springing upon us an alarming and agi¬
tating question. Slavery is discovered to be a great moral
and political evil, in that quarter, so soon as it became their
interest to abolish it, and though it may cost blood and tears,
and forever sever the Union, the agitators boldly proclaim
that their work is onward. They commenced first by agi¬
tating the public mind, alarming the timid, and arousing the
ambitious—associations were formed, professedly to relieve
the land of a great moral deformity, that end, as might have
been foreseen, in a political party, which obtaining power,
first seeks to abuse it.
The constitution which declares, that "No person held
to service or labor in one State, under the laws thereof, es¬
caping into another, shall in consequence of any law or reg¬
ulation therein, be discharged from such service or labor,
but shall be delivered up on claim of the party to whom
such service or labor may be due," is wholly disregarded,
and several States have passed laws virtually nullifying it.
The slave-holder, can no longer look to the Constitution as
the charter of his rights ; his slave is abducted, or felonious¬
ly stolen, and carried to a non-slaveholding State; he pur¬
sues it with the consciousness of an honest man, holds up
the evidence of his title in one hand, and the constitution in
the other; he pleads for justice and his constitutional right;
the Judge that tries his case is sworn to support the Consti¬
tution of the United States—but that Judge, with the smile
of the hypocrite and the curse of perjury in his throat, sol¬
emnly adjudges that property cannot exist in the slave, and
the owner is insultingly turned from the bar of justice
amidst the derision and scoffing of the multitude, and your
constitution lies prostrate under the iron heel of a corrupt
judiciary.
36
JOURNAL OP THE
This is an epitome of the wrongs perpetrated upon us.—
Is it true or false ? Have not several of the Northern States
passed laws prohibiting our citizens from reclaiming their
fu°itive slaves ? Have they not, time and again, refused to
deliver, on the demand of the Executive authority of the
Southern States, fugitives from justice charged with negro
stealing? These are stubborn facts, that should come home
to all. Robbed of your slave property, without the power
of redress, opposed by brute force in asserting your rights,
your criminal laws violated, your sovereignty outraged,
your peace and quiet disturbed, your good name defamed,
and lastly you are told, by way of giving point and anguish
to the feeling of wrongs already inflicted, that you are not
to participate, on equal terms, with the other States of the
Union, in the common property of all.
Is it, Representatives, for this, that our fathers struggled
in deadly conflict? Was it for such an Union as this, that
the sages and patriots, many of whom breasted the storm
of the Revolution, formed the constitutional compact?—
Was it designed that the States should not have the
power of deciding each for itself, what would or should
not be property—nor was it intended that any party or
faction in this country, whether Free-soil, or known by
any other name, might violate the most vital provision of the
constitution, so far as the South is concerned, with impuni¬
ty ? Feeling, as I do, the incalculable value of the Union,
in that purity of equality handed down to us by the great
apostles of liberty that formed it; entertaining with ardor
and sincerity, a feeling of horror . at all attempts by one
section of the Union to violate the rights of another; and
cherishing the spirit of liberty and equality, actual and pos¬
itive, in government, above and far beyond unequal laws
and odious oppression, I may be permitted here to re-affirm
the sentiments with which I went before the People of the
State, in the late election, as containing my opinion that
further aggression is not to be endured, and, if attempted
by the Federal Government, must be repelled, all amicable
means being first exhausted, by all the power, moral and
physical, at the command of the State.
With the confident belief that the opinions here express¬
ed, accord strictly with those of the great body of our con¬
stituents, I feel it my duty to ask of you the passage of an
act investing the Executive with the authority to convoke
a convention of the people of the State to take into consid¬
eration the measures proper for their safety and preservation,
in the event of the passage of the Wilrpot Proviso, or other
kindred measure, by the Congress of the United States.
Relying upon the purity of our motives, and feeling deeply
impressed with the magnitude of the duties that devolve
upon us, let us ever be mindful that our strength and capaci-
senate.
37
ty for usefulness come alone from that Being, whose fa¬
vor is success, whose aid is omnipotence.
GEORGE W. TOWNS.
On motion of Mr. Miller, one hundred copies of the Mes¬
sage were ordered to be printed for the use of the Senate.
The following Message was received from his excellency
the Governor, by Mr. Patton, his Secretary :
Mr. President—I am instructed by his excellency the
Governor to deliver to the Senate a communication in writ¬
ing, accompanied with a number of sealed packages.
On motion of Mr. Clayton, the same was taken up and
read as follows:
EXECUTIVE DEPARTMENT, >
Milledgeville, 6th Nov., .1849. >
I have the honor to transmit several sealed packages ad¬
dressed to the "President of the Senate and Speaker of the
House of Representatives," believed to contain the returns
of the election held on the first Monday in October last for
Governor. GEO. W. TOWNS.
Mr. Cochran, pffered the following resolution, which was
taken up, read and agreed to: t
Resolved, That a committee of three be appointed to trans¬
mit to the House of Representatives the returns from the
several counties of this State for Governor, that the same
may be counted.
Messrs. Sanford, Cochran aud Joseph E. Brown were
appointed that committee.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President.—I am directed by the-House of Represen¬
tatives to inform the Senate that the House is ready to re¬
ceive them in their Hall, for the purpose of counting out
and adding up the votes polled at the last Gubernatorial
election.
On motion of Mr. A. J. Miller, the Senate repaired to the
Representative Hall.
The General Assembly then proceeded to count out and
add the returns from the several counties of this State, upon
which it appeared that George W. Towns was duly elected
Governor of Georgia, for the next ensuing two years, and
was so declared by the presiding officer.
The President and members of the Senate then, on mo¬
tion, returned to their chamber.
Mr. Cochran offered,the following resolution, which was
taken up, read and agreed to :
Resolved, That a committee of five be appointed to meet
such committee as may be appointed by the House of Rep-
3S
journal of the
resentalives to wait on his excellency George W. Towns,
and inform him of his election as Governor of this State, to
request his acceptance of the office, and make all necessary
arrangements for his inauguration.
The following Senators were appointed that committee:
Messrs. Cochran, Leonard, Dunham, Tomlinson and J.
E. Brown.
On motion,
The Senate adjourned till to-morrow morning, ten
o'clock,
Wednesday, November 7, 1S49.
The Senate met pursuant to adjournment.
Mr. A. J. Miller reported the following bill:
A. bill to be entitled an act to quiet and confirm the title
of Peter Poullet, a naturalized citizen, to a lot of land in
the city of Augusta, conveyed to him before hi(s naturaliza¬
tion, which was read the first time. y
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk :
Mr. President—I am directed by the House of Represen¬
tatives to inform the Senate that a committee of five has
been appointed by the House of Representatives, to join
such committee as may be appointed by the Senate to wait
upon his excellency George W. Towns, and inform him of
his election as Governor of this State, to request his accept¬
ance of the office, and the following committee have been
appointed by the House :
Messrs. Jones, Jenkins, Harris of Clark, Calder and
Morris.
Mr. Leonard reported the following bill:
A bill to be entitled an act to authorize the Treasurer to
refund the purchase money, with interest, to purchasers of
fractions that had been previously drawn for, and after¬
wards sold by mistake, and also the grant fee where paid,
which was read the first time.
Mr. Woods presented the petition of F. Logan and others
to change the line between the counties of Habersham and
Lumpkin, which was read, and on motion referred to the
Committee on Petitions.
Mr. Woods reported the following bill:
A bill to be entitled an act to authorize the voters of this
State to express their opinions in relation to the election of
SENATE.
39
Judges of the Superior Courts of this State by the people,
which was read the first time.
Mr. A. J. Miller reported the following bill: '
A bill to be entitled an act for the relief of certain free
persons of color therein named,- which was read the first
time.
Mr. A.J. Miller presented a petition of William P. Beale
and Davis B. Hadley, of the county of Richmond, praying
relief from the payment of the balance of interest due upon
an execution obtained against Robert A. Watkins, a de¬
faulting tax collector, of Richmond county, which was re¬
ferred to a select committee, consisting of Messrs. A. J.
Miller, James R. Smith and Purse.
Mr Murphy presented a petition of J. W. Buchanan,
praying special legislation to entitle him to payment for
teaching poor children in the county of Meriwether during
the years eighteen hundred and forty-four and eighteen
•hundred and forty-five, which was-referred to the com¬
mittee on public education.
Mr. Cochran, from the committee "appointed to wait on
his excellency the Governor and inform him of his election,
ask his acceptance and know when he would be inaugur¬
ated, made the following report. The committee appointed
to wait on his excellency G. W. Towns to inform him of his
election as Governor of this State, to request his accept¬
ance of the office, and make arrangements for his inaugura¬
tion, report that they have performed the duty assigned
them—that his excellency accepts the office, and will at¬
tend at twelve o'clock, meridian, this day in the Represen¬
tative Chamber, for the purpose of takingthe oath prescribed
by the Constitution,
On motion of Mr. John W. G. Smith, the Senate took a
recess to a quarter before twelve o'clock this day.
The Senate re-assembled at a quarter before twelve, when
the following message was received from the House of Rep¬
resentatives, by Mr. Harrison, 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 Hall, for the purpose of attending to the
inauguration of the Governor elect.
On motion of Mr. Steli,
The President and members of the Senate repaired to. she
Representative Hall, ai d being seated, the Governor elect,
his excellency George W. Towns was introduced ■ by the
Joint Committee, and attended by the State House officers
and other distinguished citizens, when he addressed
40
journal op the
General Assembly and took the oath prescribed by the Con¬
stitution of the. State and of the United States.
The Governor attended by the committee, having with¬
drawn, the President and members of the Senate retired to
their chamber.
And on motion, adjourned until ten o'clock to-morrow
morning.
Thursday, November 8tb, 1849.
The Senate met pursuant to adjournment.
Mr. Woods moved to reconsider so much of the Journal
of yesterday as relates to the reference of the Petition of
F. Logan and others,* asking to change the line between
the counties of Habersham and Lumpkin, to the Committee
on Petitions—which motion \vas agreed to.
On motion of Mr. A. J. Miller, the Journal of Monday was
Amended as follows:"
" The Assistant Secretary, Alfred H. Colquitt, was sworn
by the President, as prescribed by the twenty-fifth rule of
the Senate."
Mr. Stell offered the following resolution :
Resolved, That the Secretary of the Senate have authority
to employ such number of Clerks and Assistants as may be
necessary to perform with dispatch, the duties.of his office,
which was taken up, read and agreed to.
Mr. A. J. Miller reported the following bill:
A bill to be entitled an act to authorize Rail Road Com¬
panies to subscribe for, purchase, and hold Stock in
other Rail Road Companies, which was read the first
time.
Also, a bill to be entitled an act to amend the several
acts in relation to the Georgia Rail Road and Banking Com¬
pany, which was read the first time.
Mr. A. J. Miller offered the following resolution:
Resolved, That the Secretary of State be and he is hereby
directed to deliver to the Secretary of the Senate, all acts of
the last General Assembly proposing amendments to the
Constitution which originated in this House, and that the
Secretary of the Senate report the same to this body, which
was taken up, read and agreed to.
Mr. Purse reported the following bill:
A bill to be entitled an act to amend the several At¬
tachment laws in this Stale, which was read the first
time.
Also, a bill to be entitled an act to regulate the mode of
election of Constables in the city of Savannah, and to re¬
peal so much of an act assented to twenty-third December,
senate.
41
eighteen hundred and thirty-one, as relates to the election
of Constables in said city, which was read the first
lime.
Also a bill to be entitled an act to authorize Clerks of the
Courts of Ordinary in the several counties of this State, to
grant marriage licenses directed to Jewish Ministers or
other persons authorized to pet form the marriage ceremo¬
nies between Jews, and to authorize- Jews to be married ac¬
cording to their own forms, which was read the first time.
Mr. Dunham reported the following bill:
A bill to be entitled an act to amend an act entitled an
act to appoint Commissioners to lay out and open a new
road through a part of Camden county, and to designate the
hands who shall be liable to work thereon ; also to establish
a Ferry across the Great Satilla river and fix the rates of
ferriage at the same, assented to December twenty-third
one thousand eight hundred and thirty-nine, and the acts
amendatory thereof, assented to December seventh, one
thousand eight hundred and forty-one, and December 27th,
on'e thousand eight hundred and forty-five, and to surrender
to James Mongin Smith, the land occupied by a part of said
road and for other purposes, which was read the first time.
Mr. J. R. Smith reported the following bill:
A bill to be entitled an act to incorporate the new Cha¬
pel Camp Ground in the county of Washington, and to ap¬
point Trustees for the same, which was read the first time.
Mr. McBee reported the following bill:
A bill to be entitled an act to reduce the official
Sheriff's bond in the county of Dade, which was read the
first time.
■ Mr. A. J. Miller offered the following resolution :
The Democratic Convention of this State, having appoint¬
ed this day for the delivery of an eulogy upon the life and
public services of James K. Polk, deceased, late President
of the United States—
Resolved, That in honor of one, who held so distinguished
a station, and in respect to the occasion, the Senate be ad¬
journed till 10 o'clock to-morrow morning, which was taken
up, read and agreed to, and the Senate adjourned.
Friday, November 9th, 1849.
The Senate met pursuant to adjournment.
Mr. Stell offered the following resolution:
Resolved, That so much of the Governor's message as re¬
lates to our Federal relations, be referred to the Committee
42
JOURNAL OF THE
upon the State of the Republic—so much as relates to F i-
nance, to the Committee upon Finance—so much as relates
to Banks, to the Committee upon Banks—so much as re¬
lates to Internal Improvements, to the Committee upon In¬
ternal Improvements—so much as relates to the Peniten¬
tiary, to the Committee upon the Penitentiary—so much as
relates to Education, to the Committee upon Education—so
much as relates to the Militia, to the Committee upon the
Militar}7—so much as relates to the Deal and Dumb Asy¬
lum, to the Committee upon the Deaf and Dumb Asylum—
so much as relates to the Lunatic Asylum, to the Commit
tee upon the Lunatic Asylum, which was taken up, read
and agreed to.
O
Mr. Sanford reported the following bill:
A bill to be entitled an act to regulate the mode of sueing
the bonds of Executors, Administrators, and Guardians,
which was read the first time.
Also, a bill to be entitled an act to regulate the admission
of evidence in certain cases, and to declare the effect of cer¬
tain levies, which was read the first time.
Mr. Purse reported the following bill:
A bill to be entitled an act to incorporate the Washington
Fire Company of the City of Savannah, which was read the
first time.
Also a bill to be entitled an act to change the name of
Elizabeth Kelly to that of Amanda Elizabeth Cooper, which
was read the first time.
Also, a bill to be entitled an act to authorize the Justices
of the Peace elected for the first, second, third, and fourth
districts, Georgia Militia, composing the City of Savannah,
to reside and hold their respective offices and Courts at any
place within the corporate limits of said city, which was
read the first time.
Also, a bill to be entitled an act to amend the several
acts relating to Justices' Courts, so far as regards the county
of Chatham, which was read the first time.
Mr. Love reported the following bill:
A bill to be entitled an act to incoporate St. Thomas
Lodge, number forty-nine, of Free and Accepted Masons, of
Thomas county, which was read the first time.
Also, a bill to be entitled an act to limit the lien of Judg¬
ments at Law, and to protect the title of innocent purchasers
in certain cases, which was read the first time.
Mr. James E. Brown reported the following bill:
A bill to be entitled an act to repeal, alter and amend
so much of an act entitled an act to appoint County Trea-
SENATE.
43
surers and define their duties, approved the twenty-fourth
December, eighteen hundred and twenty-five, so far as re¬
lates to the appointment of County Treasurers by Justices
of the Inferior Court, in the several counties, (or so much of
the same as may be necessary to carry this act into effect,)
and to provide for the election of County Treasurers by the
people of the respective counties of this State, and for other
purposes therein specified, which was read the first
time.
Also a bill to be entitled an act to alter and amend the
sixth section and third article of the Constitution of the
State of Georgia, which was read the first time.
Mr. Joseph E. Brown reported a bill 'to be entitled an
act to reduce the official bond of the Sheriff of Cherokee
county, which was read the first time.
An act to amend the ninth section of the third article of
the Constitution of the State of Georgia, passed at the last
session of the General Assembly, \yhich was read the first
time.
On motion of Mr. Murphy,
Resolved, That the Documents accompanying the Gover¬
nor's Message, be referred to a Committee of three, and that
said Committee report to the Senate such of them as they
think proper to be printed for the use of the Senate.
Under that resolution the following Committee was ap¬
pointed : Messrs. Murphy, Chisolm, and Love.
The following bills were taken up, read the second time,
and referred to a Committee of the Whole :
A bill to be entitled an act to quiet and confirm the title
of Peter Poullett, a naturalized citizen, to a lot.of Land in
the City of Augusta, conveyed to him before his naturali¬
zation.
A bill to be entitled an act to authorize the Treasurer to
refund purchase money, with interest, to put chasers of frac¬
tions, that had been previously drawn for, and afterwards
sold by mistake, and also the grant fee where paid.
A bill to be entitled an act to authorize the voters of this
State, to express their opinions in relation to the election of
Judges of the Superior Courts of this State by the
people.
The following bill was read the second time,, and on mo¬
tion of Mr. Bailey, was referred to the Committee on the Ju-
diciary:
A bill to be entitled an act for the relief of certain free
persons of color,' therein named.
The following bills were read the second time and refer¬
red to a Committee of the Whole:
A bill to be entitled an act to authorize Rail Road Com¬
panies to subscribe for, purchase and hold stock in other Rail
Road Companies. -
44
JOUKNAL' OF THE
A bill to be entitled an act to amend the several acts in
relation to the Georgia Rail Road and Banking Company.
A bill to be entitled an act to amend the several Attach¬
ment Laws of this State.
The following bills were taken up, read the second time,
and ordered to be engrossed:
A bill to be entitled an act to regulate the mode of elec¬
tion of Constables in the City of Savannah, and to repeal so
much of an act assented to twenty-third December, eigh¬
teen hundred and thirty-one, as relates to the election of
Constables in said City.
A bill to be entitled an act to authorize Clerks of the
Courts of Ordinary in the several counties of this State, to
grant marriage licenses, directed to Jewish. Ministers or
other persons authorized to perform the marriage ceremonies
between Jews, and to authorize Jews to be married accord¬
ing to their own forms.
The following bills were taken up, read the second time,
and referred to a Committee of the whole :
A bill to be entitled an act to amend an act to appoint
Commissioners to lay out and open a new road through a
part of Camden county, and to designate the hands who
shall be liable to work thereon, also to establish a Ferry
across the Great Sat-illa river, and to fix the rates of ferriage
at the-same, assented to December twenty-third, one thou¬
sand eight hundred*and thirty-nine, and the acts amenda¬
tory thereof, assented to December seventh, one thousand
eight hundred and forty-five, and December 27th, 1845,
and to surreuder to James.Mongin Smith, the land occupied
by a part of said road, and for other purposes.
A bill to be entitled an act to iucorporato the New Chap¬
el Camp Ground,-in the county of Washington, and to ap¬
point Trustees for the same.
A bill to be entitled an act to reduce the official She¬
riff's. bond in the county of Dade.
Mr. A. J. Miller reported the following bill:
A bill to be entitled an act to amend the several acts in
relation to the City of Augusta, and to amend the act pass¬
ed on the day eighteen hundred and forty-
five, to incorporate the Augusta Canal Company.
Mr. Cochran offered the following resolution:
Resolved, That a Committee of five be appointed to en¬
quire into the propriety of repealing all laws in regard to
the introduction of slaves into this State—^which was taken
up, read, and agreed to.
The following Committee was appointed under the reso¬
lution: Messrs. Cochran, Bailey, A.J. Miller, Joseph E.
Brown, and Sanford.
On motion,
The Senate adjourned until to-morrow morning, ten
o'clock.
senate.
45
Saturday, November 10, 1849.
The Senate met pursuant to adjournment.
The Senate took up as the report of the Committee oi
the whole,
The bill to quiet and confirm the title of Peter Poullett, a
naturalized citizen, to a lot of land in the city of Augusta,
conveyed to him before his naturalization.
The report was agreed to, the bill was read the third
time and passed.
The Senate then took up as the report of the Committee
of the whole,
The bill to be entitled an act to authorize the Treasurer
to refund the purchase money, with interest, to purchasers
of fractions that had been previously drawn for, and after¬
wards sold by mistake, and also the grant fee where
paid.
The report of the committee was agreed to—the bill read
the third time, when
Mr. Miller moved to re-commit and refer the bill to the
Committee on the Judiciary, which was'agreed to.
The following message was received from the House of
Representatives, by Mr. Peoples, their Clerk:
Mr. President—The House of Representatives have
granted leave of absence to their Clerk for this day, and
have appointed Cincinnatus Peoples, Esq. their Clerk pro
tern, and have agreed to the following resolution:
Resolved, That both branches of the General Assembly
convene in the Representative chamber, on Tuesday the
13th inst., at 11 o'clock, A. M. to proceed to the election of
a Judge of the Eastern Circuit, a Judge of the Southern Cir¬
cuit, a Judge of the Flint Circuit, a Judge of the Middle
Circuit, a Judge of the Chattahoochee Circuit, a Judge of
the Northern Circuit, a Judge of the Ocmulgee Circuit, a
Judge of the Western Circuit, and a Judge of the Cherokee
Circuit. Also a Judge of the Supreme Court, and a Solici¬
tor General of the Coweta Circuit. Also a Judge of the
Court of Oyer and Terminer, of the city of Savannah.
The Senate took up as the report of the Committee of the
whole, ' , '
The bill to authorize the voters of this State to express
their opinion in relation to the electipn of Judges of the Su¬
perior Courts of this State by the people.
Mr. J. Jones moved to strike out the words " election and
no election," and insert in lieu thereof" people or Legisla¬
ture," which was agreed to".
46
JOURNAL. OF THE
The report as amended, was on motion of Mr.
Bailey, made the special order of the day for Thurs¬
day next.
The Senate took up as the report of the Committee of the
Whole, _ . , .
The bill to authorize Rail Road Companies to subscribe
for, purchase, and hold stock in other Rail Road Compa¬
nies.
The report was agreed to, and on motion of Mr. Cochran,
the bill was recommitted and referred to the Committee on
the Judiciary.
The Senate took up as the report of the Committee of the
Whole,
The bill "to amend the several attachment laws of this
State." The report was agreed to.
The bill was read the third time, whfen,
On motion of Mr. Sanford, it was recommitted and re¬
ferred'to the Committee on the Judiciary.
The Senate took up as the report of the Committee of the
Whole,
The bill to amend an act entitled an act to appoint Com¬
missioners to lay out and open a new road through a part
of Camden county*, and to designate the hands who shall be
liable to work thereon. Also to establish a ferry across the
great Satilla river, and lix the rates of ferriage at the same,
assented to December twenty-third, one thousand eighthun-
dred and thirty-nine, and the acts amendatory thereof, as¬
sented to December seventh, one thousand eight hundred
and forty-one, and December twenty-seventh, one thousand
eight hundred and forty-five ; and to surrender to James
Mongin Smith the land occupied by a part of said road, and
for other purposes.
The report was agreed to, the bill read the third time,
when,
On motion, it was laid on the table for the present.
The Senate took up as the report of the Committee of the
Whole,
The bill to incorporate the New Chapel Camp Ground
in the county of Washington, and to appoint Trustees for
the same. ■
The report was agreed to, the bill was read the third time,
when,
On motion of Mr. James R. Smith, the same was indefi¬
nitely postponed. .
The Senate took up as the report of the Committee of the
Whole,
The bill to reduce* the official Sheriff's bond, in the coun¬
ty of Dadp.
The report was agreed to, the bill was read the third
time and passed.
SENATE.
47
The following bills were taken up, read the second time
and referred to a Committee of the Whole.
A bill to be entitled an act to regulate the mode of sue-
ing the bonds ol executors, administrators and guardians.
A bill to be entitled an act to regulate the admission of
evidence in certain cases, and to declare the effect of cer¬
tain levies.
A bill to be entitled an act to incorporate the Washing¬
ton Fire Company, of the city of Savannah, Georgia.
A bill to be entitled an act to change the name of" Eli¬
zabeth Kelly" to that of " Amanda Elizabeth Cooper."
A bill to be entitled an act to authorize the Justices of
the Peace elected for the first, second, third and fourth dis¬
tricts Georgia militia, comprising the city of Savannah, to
reside and hold their respective offices and courts at any
place within the corporate limits of said city.
A bill to be entitled an act to incorporate St. Thomas
Lodge, number forty-nine, of Free and Accepted Masons of
Thomas county.
A bill to be entitled an act to repeal, alter and amend
so much of an act entitled an act to appoint County Trea¬
surers and define their duties, approved the twenty-fourth
December, eighteen hundred and twenty-five, or so much
of the same as may be necessary to carry this act into ef¬
fect, or so far as relates to the appointment of County Trea¬
surers by Justices of the Inferior Court in the several coun¬
ties, and to provide for the election of County Treasurers
by the people of the respective counties of this State, and
for other purposes therein specified.
A bill to be entitled an act to alter and amend the sixth
section and third article of the Constitution of the State of
Georgia.
A bill to be entitled an act to reduce the official bond of
the Sheriff of Cherokee county.
A bill to be entitle an act to amend the several acts in
relation to the city of Augusta, and to amend the act passed
on the twenty-seventh day of December, eighteen hundred
and forty-five, to incorporate the Augusta Canal Company.
Mr. John Jones reported a bill to be entitled an act to
authorize the Treasurer to refund money paid on grants for
fractions and islands under the act of December thirtieth,
eighteen hundred and forty-seven, where more had been
paid than was contemplated by said act, which was read
the first time.
Mr. Chisolm reported a bill to be entitled an act to au¬
thorize the Central Rail Road and Banking Company of
Georgia, the Macon and Western Rail Road Company, and
the South Western Rail Road Company to unite their re¬
spective Rail Roads in one common Depot, at or near the
City of Macon, and to grant to the said Companies a quan-
4S
JOURXAI. OF THE
tity of Land for the said purpose, on the Public Reserve,
east of the City of Macon, with the right of way through
the said Public Reserve, to the said Depot, -for their re¬
spective tracks, which was read the first time.
Mr. Woods reported a bill to be entitled an aet for the
relief of William H. Graham and Hardin Perkins of the
county of Lumpkin, from their liability as sureties on Tax
Collector's Bond for said county, which was read the first
time.
Mr. J. A. Miller, reported a bill to be entitled an act to
require the payment of Interest on open accounts, as on
promissory notes, and other liquidated claims in this State—
which was read the first time.
The bill to be entitled an act to amend the several
acts relating to Justices Courts, so far as relates to the
county of Chatham, was taken up and read the second
time, and
On motion of Mr. Murphy, was referred to the Committee
on the Judiciary.
The bill to be entitled an act to limit the lien of judg¬
ments at law, and to protect the title of innocent purchasers
in certain cases, was 'taken up and read the second time,
and on motion of Mr. Cochran, was referred to the Commit¬
tee on the Judiciary.
On motion of Mr. James R. Smith,
The message from the House of Representatives, in re¬
gard to bringing on the election of Judges and a Solicitor
General was taken up.
Mr. Stell offered the resolution laid upon the table here¬
tofore, by himself, as an amendment, by way of substi¬
tute.
The same being taken up, Mr. Stell moved to amend, by
striking out the words "Friday the 9th instant," and insert
"Tuesday the 13th instant," which was agreed to.
Mr. Stell moved further to amend, by adding after the
words "Chattahoochee Circuit" and "Cherokee Circuit," the
following, "for four years next, ensuing, from and after the
expiration of the term of the present incumbent," which was
agreed to.
The substitute as amended, was then on motion of Mr.
Stell, adopted in lieu of the resolution from the House of
Representatives.
On motion,
The rules were suspended, and the Secretary directed
to carry the same forthwith to the House of Representa¬
tives.
An act to amend the ninth section of the third article of
the Constitution of the State of Georgia, was taken up, read
the second time, and on motion of Mr. Murphy, referred to
the Committee on the Judiciary.
SENATE.
49
Mr. Cochran asked leave of absence lor Mr. Napier, until
Monday next, which was granted.
The President presented a letter from the President and
Officers of Oglethorpe University, inviting the members of
the Senate to attend the Commencement exercises on Wed¬
nesday the 14th instant, which was read.
Mr. Murphy offered the following resolution:
Resolved, That His Excellency the Governor be requested
to communicate to the Senate at as early a day as practi¬
cable, whether the Military claims of the State of Georgia
upon the General Government, have been settled, or what
progress has been made in the same, and what he deems
necessary to be done therein, which was taken up, read and
agreed to.
On motion of Mr. McBee,
The Senate adjourned until Monday morning, ten o'clock.
MONDAY, November 12th, 1849.
The Senate met pursuant to adjournment.
The enrolling and engrossing Clerks were sworn as pre¬
scribed by the 2oth rule of the Senate.
The President announced the following as the Standing
Committees :
On Privileges and Elections—Messrs. Clark, 'Rawls, Lo.ve,
Qnarterman, Turner.
On Petitions—Messrs. Long, Napier; Eberhart, Edmond-
son, James E. Brown.
On Enrolment—-Messrs. Stell, Woods, McRae, Thomas,
Johnson, Moseley.
On Journals—Messsrs. John W. G. Smith, James A.'
Miller, Edmondson, Turner * Hine's.
On the State of the Republic—Messrs. Murphey, A. J. Mil¬
ler, Leonard, Clark, Chisolm.
On Finance—Messrs. Spullock, Clayton, Bailey, Cochran,
Augustus Beall.
On Banks—Messrs. Andrew J. Miller, Tomlinson, Purse,
Stell, Dunham.
Onfhe Military—Messrs. Byrd, Woods, Moseley, Thos.
Johnson, Rawls.
On the Judiciary—Messrs. Badey, Sanford, Ferrell, Jo¬
seph E. Brown, John Jones.
On Internal Improvement—Messrs. Purse, Clayton, Spul¬
lock, Elias Beall, Murphey. ,
On Piinting—Messrs. John Jones, McBee, Hines, Grubbs,
John W. G. Smith. '
On Public Education and Free Schools—Messrs. Chisolm,
Elias Beall, Blackshear, William'Jones, Long.
50
JOURNAL OF THE
On the Penitentiary—Messrs. Joseph E. Brown, Micajah
Johnson, Ferrell, Gonder, Cochran.
On the Lunatic Asylum—Messrs. Ira E. Smith, Anderson,
James R. Smith, Dunham, Bryan.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President:—The House of Representatives have
agreed to the resolution of the Senate, in lieu of the resolu¬
tion of the House, bringing on the election of Judges, &c.
Mr. Murphy, from the Committee appointed to report
upon the documents accompanying the Governor's biennial
Message, made the following report:
Resolved, That the correspondence relative to the bounda¬
ry line between the State of Georgia and the State of Flo¬
rida, be referred to the Committee on the State of the Re¬
public, and that fifty copies thereof be printed for the use of
the Senate—that fifty copies of the Report on the Deaf and
Dumb Asylum, be printed for the use of the Senate, and
that it be referred to the Committee on Public Education—
that fifty copies of the Report of the Trustees of the Lunatic
Asylum, be printed for the use of the Senate, and it referred
to the Committee on the Lunatic Asylum—that the Reports
of the Military Store Keepers at Milledgeville and Savan¬
nah, be referred to the Committee on the Military—that the
Report of the Chief Engineer of the Western and Atlantic
Rail Road be referred to the Committee on Internal Improve¬
ments—that the Report of the Committee on Finance be re¬
ferred to the Committee on Finance—that the List of Frac¬
tions sold under the Act of the Legislature, in eighteen hun¬
dred and forty-seven, and orders relative thereto, be refer¬
red to the Committee on Finance—that the Report of
George ,L- Deming, Secretary and Treasurer of the Oco¬
nee Navigation Company", be referred to the Committee on
Finance—which was taken up, read and agreed to.
On motion of Mr. Dunham, the rules were suspended,
and,
The bill to amend an act entitled an act to appoint Com¬
missioners to lay out and open a new road through a part
of Camden county, and to designate the hands who shall be
liable to work thereon; also to establish a ferry across the
great Satilla river, and fix the rates of ferriage at the same,
assented to December twenty-third, one thousand eight hun¬
dred and thirty-nine, and the acts amendatory thereof, as¬
sented to December seventh, one thousand eight htmdred
and forty-one, and December twenty-seventh, one thousand
eight hundred and forty-five; and to surrender to James
Mongin Smith the land occupied by a part of said road, and
for other purposes, was taken up, read the third time and
passed.
On motion of Mr. Murphy, the Committee on the Judi-
SENATE.
,51
ciary were directed to report back instanter, to the Senate,
the act passed at the last session of the General Assembly,
to amend the ninth section of the third article of the Consti¬
tution of the State of Georgia.
On motion of Mr. A. J. Miller, the bill was recom¬
mitted.
When on motion, the Senate took up the same as a report
of the (Committee pf the Whole. The report was agreed to.
The bill was read the third time and passed.
Mr. Purse offered the following joint resolution :
Resolved, There shall be added to the Standing Commit¬
tees of both Houses of the General Assembly of the State
of Georgia, one to be denominated the Committee of State
Statistics, which shall be appointed respectively by the Se¬
nate and House of Representatives, as their other Standing
Committees are.
That the Committee on the.part of the Senate, shall con¬
sist of and the Committee on the part of the House of
Representatives, of one member of it from each Judicial
Circuit.
That the said Committees when appointed, shall consti-
ititute a Joint Committee of both Houses of the General As¬
sembly, the first named member of the Senate's Commit¬
tee being Chairman of the Joint Committee.
That it shall be the business of the Joint Committee to re¬
port to their Houses respectively during the present session
of the Legislature, in a tabular form, with such remarks as
the Committee may think proper by a majority of its mem¬
bers to make, all the information it may obtain relating to
the Topography, Agriculture, Manufactures, Commerce,
Internal Improvements, Population, Crime, and Health of
the State,' distinguishing in these particulars the counties
from each other, and embracing under each head, whatever'
the Committee may deem belonging to each, in such a
classification of the whole as the Committee may think
best; to give biennially to the State, the most compendious
view of its resources and condition, which was taken up"
and read. , ,
Mr. Purse moved to fill the blank with " five," which
was agreed to. The resolution was then on motion
adopted. *
Mr. Sanford reported a bill to be entit'ed an act to incor¬
porate San Marino Lodge, number thirty-four, Greenesbo-
rough, Georgia, which was read the first time.
Mr. Love reported a bill to be entitled an act for the re¬
lief of certain citizens of this State from any and all disabil¬
ities,- pains, and penalties, to which they may now be sub¬
jected by law, which was read the first time.
Mr. Purse reported a bill to ent4lpd.au act to designate
52
JOURNAL OF THE
the holidays to be observed in the acceptance and payment
of Bills of Exchange, and Promissory Notes, and to allow
three days, commonly called "three days of grace," for the
payment within said time, of all Sight Drafts, or Bills of
Exchange, drawn payable at sight, which was read the first
time.
Mr. William Jones reported a bill to be entitled an act to
establish an additional Election Precinct in the county of
Lowndes, which was read the first time.
Mr. Murphy reported a bill to be entitled an act to allow
the widow and children of deceased persons a support out
of the estate of the deceased, for the term of twelve months
after the decease, in cases where no administration has been
granted on the estate of the deceased ; and to ascertain the
amount necessary for the support, and set apart the same,
and to exempt it from levy and sale for the debts of the de¬
ceased, or by an administrator, and to vest the title there¬
to in the family of the deceased : which was read the first
time.
Mr. A. J. Miller from the select committee to whom was
referred the petition of William P. Beale and Davis B. Had-
ley, made the following report:
The select committee to whom was referred the petition
of William P. Beale and Davis B. Hadley, have had the
same under consideration, and considering the prayer rea¬
sonable, the committee recommend the passage of the bill
herewith reported:
A bill to be entitled an act for the relief of William P.
Beale and Davis B. Hadley, which was read the first
time.
Mr. Clayton laid upon the table the following Preamble
and Resolutions:
Whereas the people of the non-slaveholding States have
commenced, and are apparently persisted in a system of
encroachment upon the Constitution and the rights of a por¬
tion of the people of this Confederacy, which is alike unjust
and dangerous to the peace and perpetuity of our cherished
Union. Be it therefore
1st. Resolved by the Senate and House of Representatives of
the State of Georgia in General Assembly convened, That the
Government of the United States is one of limited powers
and cannot rightfully exercise any authority not conferred
by the Constitution.
2d. Resolved, That the Constitution grants no power to
Congress to prohibit the introduction of slavery into any ter¬
ritory belonging to the United States.
3d. Resolved, That the several States of the Union acced¬
ed to the Confederacy upon terms of perfect equality, and
that the rights, privileges and immunities secured by the
Constitution belong alike to the people of each State.
SENATE.
53
4th. Resolved, That any and all Territory acquired by the
United States, whether by discovery, purchase or conquest,,
belongs in common to the people of each State, and thither
the people of each and every State have a common
right to migrate with any property they may possess, and
that any restriction upon this right which will operate in fa¬
vor of the people of one section to the exclusion of those of
another, is unjust, oppressive, and unwarranted by the Con¬
stitution.
5th. Resolved, That slaves are recognized by the Consti¬
tution as property, and that the Wilmot Proviso, whether
applied to Oregon, California, !New Mexico, or territory
hereafter to be acquired is unconstitutional and should meet
with the determined opposition of the Southern people,
whose rights are thereby affected.
6th. ResolvedThat Congress has no power either direct¬
ly or indirectly to interfere with the existence of slavery in
the District of Columbia.
7th. Resolved, That the refusal on the part of the non-
slaveholding States to deliver up fugitive slaves who have
escaped to said States, upon proper demand being made
therefor, is- a plain and palpable violation of the letter of
the Constitution and an intolerable outrage upon Southern
rights.
8th. Resolved, That in the event of the passage of the
Wilmot Proviso by Congress, the abolition of slavery in the
District of Columbia, or the continued refusal of the non-
slaveholding States to deliver up fugitive slaves as provided
for in the Constitution, it will become the immediate and im¬
perative duty of the people of this State to meet in Con¬
vention to take into consideration the mode and measure of
redress.
9th. Resolved, That the people of Georgia entertain an ar¬
dent feeling of devotion to the union of these States, and that
nothing short of a persistance in the present system of en¬
croachment upon our rights by the non-slaveholding States
can induce us to contemplate the possibility of a disso¬
lution.
10th. Resolved, That his excellency the Governor be re¬
quested to forward copies of these Resolutions to each of our
Senators and Representatives in Congress, to the Legisla¬
tures of the several States, and to the President of the United
States.
The following bills were taken up, read a second time,
and referred to the Committee of the Whole:
A bill to be entitled an act to authorize the Treasurer
to refund money paid on grants for fractions and islands,
under act of the 30th December 1847, where more had
been paid than was contemplated by said act.
A bill to be entitled an act to authorize the Central
54
JOURNAL OF THE
Rail Road and Banking Company of Georgia, the Macon
and Western Rail Road Company, and the South Western
Rail Road Company to unite their respective Rail Roads
in one common Depot, at or near the City of Macon, and to
grant to the said Companies a quantity of Land for the said
purpose, on the Public Reserve, east of the City of Macon,
with the right of way through the said Public Reserve, to
the said Depot, for their respective tracks.
A bill to be entitled an act to require the - payment of
Interest on open accounts, as on promissory notes, and other
liquidated claims in this State.
The Senate took up as a report of the Committee of the
whole, a bill to be entitled an act to incorporate the Washing¬
ton Fire Company, of the city of Savannah, Georgia.-—
The report was agreed to, the bill was read the third
time and passed.
The Senate took up as a report of the Committee of the
whole, the bill to change the name of Elizabeth Kelly to that of
Amanda Elizabeth Cooper. The report was agreed to, the
bill was read the third time and passed.
The Senate took up as a report of the Committee of the
whole, the bill to authorize the Justices of the Peace elected
for the first, second, third and fourth districts Georgia mili¬
tia, composing the city of Savannah, to reside and hold
their respective offices and courts at any place within the
corporate limits of said city. The report was agreed to, the
bill was read the third time, and passed.
The Senate took up as a report of the Committee of the
whole, the bill to amend the several acts relating to Justices'1
Courts, so far as regards the county of Chatham. The re¬
port • was agreed to, the bill read the third time and
passed.
The Senate took up as a report of the Committee of the
whole, the bill to incorporate St. Thomas Lodge, number
forty-nine, of Free and Accepted Masons of Thomas county.
The report was agreed to, the bill read the third time and
passed.
The Senate took up as a report of the Committee of the
whole, the bill to reduce the official bond of the Sheriff of
Cherokee county.
On motion of Mr. Edmondson, the same was amended
by adding the following section :
Be it further enacted by the authority aforesaid, That the offi¬
cial bond of the Sheriff of Murray county, shall be reduc¬
ed to the sum of fifteen thousand dollars, with two or more
good a..d sufficient securities, provided, that nothing in this
act contained, shall in any way affect any Sheriff's bond
heretofore given. Also, the title was amended by adding
the words "also of Murray county f which was agreed to.
SENATE.
55
The report as amended was agreed to, the bill was read
the third time and passed.
The Senate took up as a report of the Committee of the
whole, the bill to regulate the mode of sueing the bonds of
Executors, Administrators, and Guardians.
When on motion of Mr. Sanford, the bill was referred to
the Committee on the Judiciary.
The Senate took up as a report of the Committee of the
whole, the bill to regulate the admission of evidence in cer¬
tain cases, and to declare the effect of certain levies.
Which on motion of Mr. Sanford, was referred to the Com¬
mittee on the Judiciary.
The Senate took up as the report of the Committee of the
whole, the bill to alter and a mend the sixth section and third
article of the Constitution of the State of Georgia.
Mr. Joseph E. Brown moved to amend by striking out
after the words, "to-wit," in the enacting clause, "the pow¬
ers of a Court of Ordinary or Register of Probates, shall
be vested in the Inferior Courts of each county, from whose
decision there may be an appeal to the Superior Court, un¬
der such restrictions and regulations as the General Assem¬
bly may by law direct, but the Inferior Court shall have
power to vest the care of the records and other proceedings
therein, in the Clerk or such other person as they may ap¬
point, and any one or more Justices of the said Court, with
such Clerk or other person, may issue citations and grant
temporary letters in time of vacation, to hold until the next
meeting of the said Court, and such Clerk or other person
may grant parriage licenses."
And to insert the following: " The powers of the Court of
Ordinary or Register of Probates, shall be vested in the In¬
ferior Court of each county, which shall consist of but one
Justice in each county, from whose decisions there may be
an appeal to the Superior Court under such restrictions and
regulations as the General Assembly may by law direct, and
the said Justice of the Inferior Court in and for each county
shall be ex-officio Clerk of the Court of Ordinary, and may
as Clerk issue citations arid grant temporary letters in time
of vacation, to hold until the next meeting of said Court, and
said Justice as Clerk, may grant marriage license."
The report with the amendment was on motion of Mr. Jo¬
seph E. Brown, referred to a special committee consisting of
Messrs. Joseph E. Brown. A. J. Miller, and Stell.
The Senate took up as a report of the Committee of the
whole, the bill, to repeal, alter and amend so much of an act
entitled an act to appoint County Treasurers and define
their duties, approved the twenty-fourth December; eigh¬
teen hundred and twenty-five, so far as relates to the ap¬
pointment of County Treasurers, or so much of the same as
may be necessary to carry this act into effect by Justices of
56
journal of the
the Inferior Court in the several counties, and to provide for
the election of County Treasurers by the people of the re¬
spective counties of this State, and for other purposes therein
specified.
Which on motion of Mr. J. R. Smith was referred to the
Committee on the Judiciary.
The Senate took up the engrossed bill, to regulate the
mode of election of Constables in the City of Savannah,
and to repeal so much ol an act assented to twenty-third
December eighteen hundred and thirty-one, as relates to the
election of Constables in said city, which was read the third
time and passed.
The Senate took up the engrossed bill to authorize Clerks
of the Courts of Ordinary in the several counties of this
State to- grant Marriage Licenses directed to Jewish Min¬
isters or other persons authorized to perform the marriage
ceremony between Jews, and to authorize Jews to be mar¬
ried according to their own forms, which was read the third
time and passed.
Mr. Cochran offered the following resolution ;
Resolved, That both branches of the General Assembly
will convene in the Representative Chamber, on Friday
next, at eleven o'clock, A. M., for the purpose of going in¬
to the election of the following officers, to-wit:
A Surveyor General, Comptroller General, Secretary of
State, Treasurer, and State Printer. Which was taken up,
read and agreed to.
On motion of Mr. James R. Smith, the Senate adjourned ■
until half past two o'clock, P. M.
Half past Two o'clock, P. M.
The Senate met pursuant to adjournment.
On motion of Mr. Bailey, the Senate resolved itself into
a Board of Visitors, and a Committee of three was appoint¬
ed, 'consisting of Messrs. Bailey, Clayton, and Stell, to in¬
form the President and Board of Trustees of the University
of Georgia, that the Senate were ready to receive them in¬
to their chamber.
The Board of Trustees were then received into the Se¬
nate Chamber.
The Senatus Academicus having spent some time in the
transaction of its ordinary business, adjourned sine die.
On motion of Mr. James R. Smith, the Senate adjourned
until to-morrow morning, ten o'clock.
SENATE.
57
TUESDAY, Nov. 13, 1849.
The Senate met pursuant to adjournment.
On motion of Mr. A.*J. Miller, fifty copies of the resolu¬
tions laid upon the table on yesterday by Mr., Clayton, were
ordered to be printed for the use of the Senate.
The following message was received from the House of
Representatives by Mr. Harrison, their Clerk :
Mr. President—The House of Representatives have ap¬
pointed the following as the Joint Standing Committees on
their part, to wit:
On the State of the Republic—Messrs. Howard, Shackel¬
ford, Gartrell, Lawton, Tucker, Spalding, Reynolds, Nel-
. son, Ramsay.
On the Judiciary—Messrs. Jenkins, Jones of Paulding,
Worrell, Wofford, Manning, Wiggins, Trippe, Fish? Pringle,
Gartrell.
On Finance—Messrs. Phillips, Aikin, Jenkins, Bivins,
Robinson of Talbot, Wofford, Watson, Sanders, Nisbet,
Adams, Brown.
On Agriculture and Internal Improvement—Messrs. Nisbet,
Beall, Arnold, Fields, Johnson, Harrison, Howard, Walker,
Wolf, Barlow, Irwin.
On Public Education—Messrs. Gray, Griffin, Stephens,
Westmoreland, Barrett, Robinson of Macon, Gilmore,
Blount, Thomason, Chandler, Avery.
On Banks—Messrs. Villalonga, Harris, Neely, McDou-
gald, Hill, Neal, Lane, Jones of Warren, Colbert.
On Manufactures—Messrs. Jones of Paulding, Dawson,
Kendall, Yopp, Heard, Richardson, Calder, Carltpn, Faver,
of Troup, Strickland, Brandon. . »
On the Penitentiary—Messrs. Nelson, Tompkins, Terrell
of-Coweta, Wilson, Griggs, Gaston, McWhorter, Roberts.
Culberson of Troup, Goodman, Snelling, Villalonga, Wei- „
born.
On Printing—Messrs. Calder, Sanford, Fleming, Fletch¬
er, McLeod, Fortner, Leith, Hodges of Randolph, Wald-
hour.
On Privileges and Flections—Messrs. Fish, Hines, Hodges
of Houston, Morris, Read, Hendrix,. Shaw, Robinson of
Fayette, Brown, Slaughter, Thornton.
On Petitions—Messrs. Wiggins, Kenafi, Tally, Terrell of
Putnam, Wilcox, Wooldridge, Peacock, Dubignon, Faver of
Meriwether, Farmer, Whitworth.
On Journals—Messrs. Lawton, Digby, Deadwyler, Car¬
ter, Mclntire, Hall, Penick, Pickett, Penland, Anderson of
Wilkes, Dorminy.
On Military—Messrs. Harrison, Hammell, Laughridge,
5S
JOURNAL OF THE
Bryan, Riley, Mintz, O'Bannon, Tillman, Morris, Perkins,
Nelson.
On Enrolment—Messrs. Culberson of Floyd, Pnngle,
McDonald, Gresham, Gordon, Andrews, Colbert, Mclntire.
Mr. Sanford reported a bill to be entitled an act to extend
and define the corporate limits of the town of Madison, in
Morgan county, and to prescribe the manner of levying
taxes upon such property as may be embraced in said exten¬
sion, which was read the first time.
Mr. Bailey reported a bill to be entitled an act to grant
the privilege to the Stockholders of the Cross Plains and
Red Clay Branch Rail Road Company to change the name
of said road, and for other purposes, which was read the
first time.
On motion of Mr. Woods,' the petition of the citizens of
Habersham county, asking a change of the line between the
counties of Habersham and Lumpkin, v/as reported to a
special committee, consisting of Messrs. Woods, Byrd and
Joseph E. Brown, who were instructed to report to the Se¬
nate by bill or otherwise.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—I am directed to inform the Senate that
the House of Representatives are now ready to receive
them in the Representative Chamber, in order to proceed to
the elections set apart for this day.
On motion of Mr. Stell, the President and members of the
Senate.repaired to the Representative Chamber, and after
being seated, and agreeably to a joint resolution, the Gen¬
eral Assembly proceeded to the election of a Judge of the
Supreme Court of the State of Georgia, and on receiving
and counting out the ballots, it appeared the honorable Hi¬
ram Warner was duly elected.
They then proceeded to the election of a Judge for the
Northern District, and on receiving and counting out the
votes, it appeared that the honorable Eli H. Baxter was
duly elected.
They then proceeded to the election of a Judge for the
Eastern District, and on receiving and counting out the
votes, it appeared that the honorable Henry R. Jackson was
duly elected.
They then proceeded to the election of a Judge for the
Southern District, and on receiving and counting out the
votes, it appeared that the honorable Augustin H. Hansell
was duly elected.
They then proceeded to the election of a Judge of the
Western District, and on receiving and counting out the
votes, it appeared that the honorable James Jackson was
duly elected.
senate.
59
They then proceeded to the election of a Judge for the
Middle District, and on receiving and counting out the votes,
it appeared that the honorable Ebenezer Starnes was duly
elected.
When on motion, the General Assembly took, a recess
until three o'clock, P. M.
The Senate then withdrew and repaired to their cham¬
ber.
On. motion of Mr. J. R. Smith, the Senate adjourned un¬
til" three o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk :
Mr. President—I am directed by the House of Represen¬
tatives to inform the Senate that they are now ready to
receive the Senate in their chamber, for the purpose of pro¬
ceeding to the election of certain Judges, and a Solicitor
General of the Coweta Circuit.
On motion of Mr. J. W. G. Smith, the Senate repaired to
the Representative Chamber, to go into the unfinished busi¬
ness of this day, and after being seated, they proceeded to
the election of a Judge for the Ocmulgee District, and on
receiving and counting out the ballots, it appeared that the
honorable Herschel V. Johnson was duly elected.
They then proceeded to the election of a Judge for the
Flint District, and on receiving and counting out the votes,
it appeared that the honorable James H. Stark was duly
elected.
They then proceeded to the election of a. Judge for the
Chattahoochee District, when on receiving and counting out
the votes, it appeared that the honorable Alfred Iverson was
duly elected.
They then proceeded to the election of a Judge for the
Cherokee District, when on receiving and counting out the
votes, it appeared that the honorable John H. Lumpkin
was duly elected.
They then proceeded to'the election of a Judge of the
Court of Common Pleas and Oyer and Terminer of the
city of Savannah, when on 'receiving and counting out the
ballots, it appeared that Alexander Drysdale was duly
elected.
They then proceeded to the election of a Solicitor Gen¬
eral for the Coweta Circuit, when on receiving and counting
00 journal of the
out the ballots, it appeared that Mial M. Tidwell was duly
1 elected*
The Senate then, on motion, withdrew and repaired to
their chamber.
On motion of Mr. Joseph E. Brown, the Senate adjourned
until Thursday morning, ten o'clock.
THURSDAY, November 15,1849.
The Senate met pursuant to adjournment.
The following messages were received from his excellency
the Governor, by Mr. Patton, his Secretary :
EXECUTIVE DEPARTMENT, >
Milledgeville, 15th Nov., 1849.- )
I have the honor to communicate to the General Assem¬
bly a vacancy in the office of Solicitor General of the South¬
ern Circuit, occasioned by the resignation of Augustin H.
Hansell, Esq.
GEO. W. TOWNS.
EXECUTIVE DEPARTMENT, )
Milledgeville, Nov. 15, 1849. j
I have the honor to state in answer to the Senate's reso¬
lution of] the 10th inst., requesting me to communicate at an
early day, whether the military claims of the State upon the
general government have been settled, or what progress has
been made in the same, that no money has been received
from this source for the last two years.
t The original amount of the claims, as gathered from the
evidence in this department, was two hundred and forty-
three thousand, three hundred and nine dollars and sixty-six
cents, upon which payments were made in the years eigh¬
teen hundred and forty-two, eighteen hundred and forty-
three, and eighteen hundred and forty-four, to the aggregate
sum of one hundred and thirteen thousand] two hundred
and three dollars and thirty-five cents, and seventeen thou¬
sand four hundred and ninety-four dollars in eighteen hun¬
dred and forty-seven, leaving one hundred and twelve thou¬
sand six hundred and twelve dollars and twerity-two cents
now due. The length of time that has elapsed since this
advance by. Georgia was made, and the delay of justice on
the partttf the General Government, would seem to justify a
resort to some other mode than has been heretofore pursued
in pressing the subject on the attention of the authorities at
Washington.
It is to be feared, under thb stringent rules adopted in the
investigation of these claims, the lapse of time and other
SENATE.
61
causes, that legislation by Congress may be found necessa¬
ry, in which event it would be desirable that the State have
an agent in Washington to prepare the claims for the action
of Congress. GEORGE W. TOWNS.
Which on motion of Mr. Bailey, was taken up and refer¬
red to the Committee on Finance.
Mr. Chisolm reported a bill to be entitled an act to au¬
thorize the entering of appeals from the J ustices to the Su¬
perior Courts in the different counties in this State, and to
regulate the proceedings thereon, which was read the first
time. '
Mr. Edmonson reported a bill to be entitled an act to
compensate the grand and petit jurors of the county of Mur¬
ray, Nvhich was read the first time.
Mr. Dunham reported'a bill to be entitled an act to desig¬
nate and appropriate certain hands to do road duty on the
north prong of the Floyd road, leading from Springfield to
the point where it intersects the main post road leading to
St. Marys, in the county of Camden, which was read the
first time.
Mr. Woods reported a bill to be entitle4 an act to lay off a
anew Judicial Circuit in this State, and to fix the time of
holding the Superior Courts in the several counties thereof,
which was read the first time.
Mr. Edmondson reported a bill to be entitled an act to es¬
tablish an additional election precinct in the county of Mur¬
ray, which was read the first time.
Mr. Long reported a bill to be entitled an act to repeal an
act entitled an act to alter and amend the several acts regu¬
lating roads in this State, so far as respects the operations
of said act in the counties of Bryan, Liberty, Mcintosh,
Glynn and Wayne, approved December eighth, eighteen
hundreds and six, and to provide for the filling up of vacan¬
cies in the Board of Commissioners, authorized by the ori¬
ginal act of eighteen hundred and three, which was read
the first time.
The following bills were taken up, read the second time,
- and referred to a committee of the whole:
A bill to be entitled an act to incorporate San Marino
Lodge No. 34, Greenesboro, Georgia.
Also a bill to be entitled an act for the relief of certain
citizens of this State, from any and all disabilities, pains
and penalties to which they may now be subjected by law.
Also a bill to be entitled an act to designate the holidays
to be observed in the acceptance and payment of bills of
exchange and promissory notes; and to allow three days,
commonly called "three days of grace," for the payment
within said time, of all sight drafts or bills of exchange
drawn payable at sight.
62
JOURNAL OF THE
Also a bill to be entitled an act to establish an additional
election precinct in the county of Lowndes.
Also a bill to be entitled an act to allow the widow and
children of deceased persons a support out of the estate of
the deceased for the terra of twelve months after the de¬
cease, in cases where no administration has been granted
on the estate of the deceased, and to ascertain the amount
necessary for the support, and set apart the same, and to
exempt it from levy and sale for the debts of the deceased,
ur by an administrator, and to vest the title thereto in the
family of the deceased.
Also a bill to be entitled an act for the relief of William
P. Beale and Davis B. Hadley.
Also, a bill to be entitled an act to extend and define the
corporate limits of the town of Madison, in Morgan county,
and to prescribe the manner of levying taxes upon such
property as may be embraced in said extension.
The following bill was read the second time, and on mo¬
tion of Mr. Edmondson, referred to the Committee on Inter¬
nal Improvements.
A bill to be entitled an act to grant the privilege to the
Stockholders of the Cross Plains and Red Clay Branch Rail
Road Company to change the name of said road, and for
other purposes.
The Senate took up as the report of the Committee of the
Whole, the bill to be entitled an act to authorize the Trea¬
surer to refund money paid on grants for fractions and
islands under the act of thirteenth December, eighteen hun¬
dred and forty-seyen, where more had been paid than was
contemplated by said act.
On motion of Mr. Cochran, the bill was laid upon the
table for the present.
The Senate took up as the report of the Committee of the
Whole, the bill to be entitled an act to authorize the Cen¬
tral Rail Road and Banking Company of Georgia, the Ma¬
con and Western Rail Road Company, and the South Wes¬
tern Rail Road Company to unite their respective rail roads
in one common depot, at or near the city of Macon, and to
grant to the said companies a quantity of land for the said
purpose, on the public reserve, east of the city of Macon,
with the right of way through the said public reserve' to the
said depot, for their respective tracks.
On motion of Mr. Chisolm, the bill was referred to the
Committee on Internal Improvement.
The Senate took up as the report of the Committee of the
Whole, the bill to be entitled an act to require the payment
of interest on open accounts as on promisory notes and other
liquidated claims in this State.
On motion of Mr. J. A. Miller, the bill was laid upon the
table for the present.
SENATE.
63
The Senate took up as the special order of the day, a
bill to be entitled an act to authorize the voters of this State
to express their opinion in relation to the election of Judges
of the Superior Courts of this State, by the people, which on
tnotion was referred to the Committee on the Judiciary.
Mr. Stell offered the following preamble and resolutions :
Whereas it is not only the privilege, but the imperious
duty of the representatives of a free people to give full ex¬
pression to their Constitution, and whereas the present cri¬
sis in our federal relations is marked with alarming circum¬
stances and strong indications, which are regarded by many,
very many of our enlightened fellow-citizens as being por-
tentious of evil, that the present time is regarded as a propi¬
tious moment for a full, fair, candid and unequivocal expres¬
sion to be given in relation to the determined action that«must
and will be taken by the South in the maintenance and defence
of our just proportions and strict equality of rights ; that we
have reluctantly submitted to and patiently borne so many
encroachments from a portion of the people of the North,
with Christian philosophy, charitably hoping that a return¬
ing sense of justice would have, ere this time, induced our
Northern brethren of this great confederacy to have with¬
held from further aggress'on upon our most sacred rights ;
yet notwithstanding all this, and notwithstanding the unex¬
ampled exhibition of the high toned 'patriotism, and generous
magnanimity manifested by some of oufr immediate repre¬
sentatives in Congress, and our late Chief Magistrate of the
United States—the former in voting for, and the latter in
sanctioning the Oregon bill, containing as it did, features
objectionable., and a provision insulting to the South ; yet,
for the sake of preserving our beloved union, and .the main¬
tenance of law and order in our territories, and with the ar¬
dent hope of awakening in the bosoms of our political op-
posers and oppre'ssors a spirit of conciliation, whereby the
long standing and extremely perplexing differences and dif¬
ficulties might be amicably adjusted—together with the ad¬
ditional reasons of exhibiting to the enlightened world, that
we entertain a faithful regard for all the compromises, and
have no disposition whatever to encroach upon the rights of
others, whilst we are earnestly demanding a due regard onlij
for 'our own.
first—Be it therefore resolved by the Senate and House of
Representatives of the State of Georgia, in General Assembly met,
That the principles of the revenue^tariff of eighteen hundred
and forty-six, and the constitutional treasury received, the
cordial support of the people of this State, and- that any at¬
tempt on the part of Congress to substitute for the former
the protective policy, or for the latter a national hanlc,, will en¬
counter their untiring hostility.
Second—Resolved, That any legislation by Congress, on
64
JOURNAL OF THE
the subject of slavery, which has for its object the prohibi¬
tion thereof, in any territory which now belongs to, or may
be hereafter acquired by the federal government, or any
other subject which has the effect to degrade any one or
more of the states, or destroy the equality that exists be¬
tween them and their respective citizens, is violative of the
spirit of our Constitution, destructive to the rights of the
states, and will be met by the determined resistance of the
people of Georgia.
Third—Resolved, That the present Chief ^Magistrate of
these United States went into office with the professions .of
moderation lingering upon his lips, and with the potent de¬
clarations that he had " no party projects to build up," " no
friends to reward nor enemies to punish," and that in>< no
case could he permit himself to be the caudidate of any
party or yield himself to party schemes ;" that all such pro¬
fessions and declarations have been falsified by. his selection of
an ultra'party cabinet, and by a proscription whose ferocity is
as appalling to the people as it is disgraceful to the authors, and
that in relation to the appointing power, he did most solemnly
proclaim that the only prerequisites to office should be "hon¬
esty, capacity and fidelity" andyetin the exercise of that power
in this State, the present federal administration has in its in¬
discriminate butchery, sacrificed men whose lives are above
reproach, and whose only crime was, the exercise of the
right'of private opinion—" a right inestimable to freemen,
and formidable to tyrants only."
On motion of Mr. Spullock, the rule was suspended, the
resolutions were taken up, and referred to the Committee on
the State of the Republic, and fifty copies ordered to be
printed for the use of the Senate. '
Mr. Clark moved to take up the resolutions heretofore laid
upon the fable by Mr. Clayton, relating to the Wilmot Pro¬
viso, slavery in the territories, &c., and refer them to the
Committee on the State of the Republic ; upon which motion
the yeas and nays were required to be recorded, and are
yeas 23—nays 21.
Those who voted in the affirmative, are Messrs. Bailey,
Jqseph E. Brown, Bryan, Chisolm, Clark, Cochran, Ed-
mondson, Micajah Johnston, William Jones, John Jones,
Long, McBee, .Mbseley, Murphy, Napier, Purse, Rawls,
John W. G. Smith, Ira E. Smith, Spullock, Stell, Turner,
Woods.
Those who voted in the negative, are Messrs. Augustus
Beall, Elias Beall, Bird, Blackshear, James E. Brown,
Clayton, Dunham, Eberhart, Ferrell, Gonder, Grubbs,
Hines, Thomas Johnston, Leonard, Love, McRae, James
A. Miller, Quarterman, Sanford, James R. Smith, Tom-
linson.
So the motion prevailed.
SENATE.
65
'On motion, Messrs. Love and Clark were added to the
Committee on the Judiciary, and Messrs. Clayton and Stell
were added to the Committee on the State of the Republic.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—I am directed by the House of Represen¬
tatives to inform the Senate that they have concurred in
the resolution of the Senate, bringing on certain elections
therein specified, with an amendment providing for the
election of a director of the Bank of the State of Georgia,
and a Solicitor General of the Southern Circuit, to which
they ask the concurrence of the Senate.
Mr. Sandford moved to take up the resolution of the Se¬
nate concurred in by the House of Representatives, with an
amendment bringing on certain elections—agreed to.
Mr. Sanford moved to concur in the amendment of the
House of Representatives, adding " also a director of the
Bank of the State of Georgia, and a Solicitor General for the
Southern Circuit, which was agreed to.
On motion of Mr. Murphy, the Secretary was instructed
forthwith to inform the House of Representatives that the
Senate had concurred in the amendment of the House of
Representatives.
Mr. Dunham presented the petition of certain citizens of
the county of Camden, asking a change of the time for
holding the Supreme, Superior, and Inferior Courts, from
the Monday now fixed by law for holding said Courts, to the
Tuesday following, which on motion, was referred to the
Committee on the Judiciary.
The President presented a petition from certain citizens
of the county of Macon, of a similar character, which on
motion, was also referred to the Committee on the Judi¬
ciary.
On motion, the Senate adjourned until 10 o'clock to-mor¬
row morning.
FRIDAY, Nov. 16, 1849.
The Senate met pursuant to adjournment.
The President presented a petition from the Georgia His¬
torical Society, praying for an appropriation of six hundred
dollars, which on motion was referred to a select committee,
consisting of Messrs. A. J. Miller, Anderson, Purse, Clayton,
and John Jones. . .
Mr. Byrd presented the petition ot Henry W. Blake, of
the county of Hall, which on motion, was referred to a select
66
JOURNAL OF THE
committee consisting of Messrs. Byrd, James R. Smith, Mi-
caiah Johnson, Tomlinson, and Grubbs.
Mr. A. J. Miller presented the petition of certain citizens
of Columbia county, asking a change of the time for hold¬
ing the Supreme and Superior Courts, from the Monday
now fixed by law for holding said Courts, to the Tuesday
following, which on motion was referred to the committee
on the Judiciary.
Mr. Murphy presented the petition of Thomas R. R. Cobb,
praying that the Governor be authorized to have the Digest
prepared by him, examined by competent persons, and if
found correct and faithful, that he be authorized to sub¬
scribe for a sufficient number to supply the civil officers of
the State.
Mr. Murphy offered the following resolution: •
jResolved by the Senvte and House of Representatives, That
the memorial of Thomas R. R. Cobb, relative to a complete
Digest of the Statute Laws of Georgia, together with such
construction as has been given to the Statutes by the Su¬
preme Court of this State, be referred to a Joint Select Com¬
mittee to consist of three on the part of the Senate to join
such Committee as may be appointed on the part of the
House of Representatives.
On motion, the resolution was taken up, read and adopted.
The Committee appointed under the resolution, are
Messrs. Murphy, A. J. Miller, and StelL
Mr. Stell, Chairman of the Committee on Enrolment,
reported as duly enrolled and ready for the signature of
the President, the joint resolution bringing on the elections
of the following officers, to-wit:
A Surveyor General, Comptroller General, Secretary of
State, Treasurer, State Printer, Director of the Bank of the
State of Georgia, and a Solicitor General of the Southern
Circuit.
Mr. Ferrell, presented the petition of Benjamin H. Came¬
ron, of the county of Troup, which on motion was referred
to a select committee consisting of Messrs. Ferrill, Clark,
and Sanford.
Mr. Spullock, Chairman of the Committee on Finance,
made the following report, which on motion of Mr. Spullock,
was taken up, read and agreed to :
The Committee on Finance to whom was referred the
communication from his excellency the Governor, relative
to the Military Claims of the State of Georgia, upon the
General Government, beg leave to make the following Re¬
port :
Having confidence in the statements of the Governor, that
the State of Georgia has a just demand against the Govern¬
ment of the United States, amounting to the sum of $112,-
SENATE.
67
612 22, as a balance of monies expended by the State for
Military services in the suppression of Indian hostilities, the
payment of which has been refused under the rules of the
Treasury Department, in auditing the same, and whereas,
it is believed that some legislative action may be necessary,
and his excellency the Governor having suggested the ne¬
cessity that the State have an agent at Washington to pre¬
pare evidence and prosecute the claim—the Committee
propose the adoption of the followiug resolution :
jResolved by the Senate and House of Representatives of the
State of Georgia in General Assembly met, That his excellen¬
cy the Governor be and he is hereby requested to take such
steps as he may deem advisable, to obtain a settlement of
the claims of the State upon the General Government, and
if an agent be necessary, that he appoint one for such pur¬
pose.
On motion of1 Mr. Murphy, the Secretary was directed to
carry the report forthwith to the House of Representatives.
Mr. A. J. Miller reported a bill to be entitled an act to in¬
corporate the Augusta Machine Works, which was read the
first time.
Mr. Purse reported the following bills:
A bill to be entitled an act to exempt from road duty, per¬
sons employed in keeping in repair the several Rail Roads
in this State, which was read the first time.
Also, a bill to be entitled an act to authorize certain deeds
to be read in evidence, and to make legal the registry of
the same, which was read the first time.
Also, a bill to be entitled an act to incorporate the Trus¬
tees of the "Permanent Fund" for the support of a Reader
or Minister to the Hebrew Congregation at Savannah, which
was read the first time.
Mr. Sanford reported a bill to be entitled an act to incor¬
porate the Madison Female College, to be located in the
town of Madison, Georgia, which was read the first time.
Mr. A. J. Miller reported a bill to be entitled an act to
consolidate and amend the Claim Laws of this State, which
was read the first time.
On motion of Mr. Stell, fifty copies of the bill were order¬
ed to be printed for the use of the Senate.
Mr. Leonard offered the following resolution:
Taking into view the prosperity of the State of Geor¬
gia and the many improvements now being made both in
mechanical arts and manufactures, and whereas many of
our intelligent mechanics and planters are without the means
of making and trying experiments without some hope of re¬
ward : And whereas, many of the Northern States by their
fosterino- care and the many inducements held out by high
premiums, have brought to light many new and useful in¬
ventions in the making of different utensils for agricultural
68
JOURNAL OF THE
purposes; also, many important improvements in the man¬
agement of cattle and sheep; also, in the making and the
application of manures and the tillage of the earth ; and
whereas, of all the great interests of the country which
demand the fostering care of the Legislature, the agricultural
interest is the highest, "laying as it does at the foundation
of the prosperity of all:
Resolved, That the Joint Standing Committee on Inter¬
nal Improvement be instructed to report by ■ bill or other¬
wise, upon the propriety of offering premiums under such
rules and regulations as they may think proper to direct.
Which was taken up, and on motion, referred to the Com¬
mittee on Internal Improvements.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have pass¬
ed a bill to be entitled an.act to repeal all laws respecting
the importation of slaves into this State, to which they re¬
quest the agreefnent of the Senate.
They have also agreed to a resolution requesting his ex¬
cellency the Governor, forthwith to cause all the books,
pamphlets and other public documents belonging to the
State, or any of its departments, to be collected and arrang¬
ed, and placed on proper shelves, as in his judgment may
be most conducive to the convenience of the public and the
preservation of the books, &c., to which they desire the con¬
currence of the Senate.
The following Message was received from his excellency
the Governor, by Mr. Patton, his Secretary :
Mr. President—His excellency the Governor has assented
to and signed a resolution bringing on at 11 o'clock A. M.
this day, the election of the following officers, to-wit:
A Surveyor General, Comptroller General, Secretary of
State, Treasurer and State Printer. Also, a Director of
the Bank of the State of Georgia, and a Solicitor General of
the Southern Circuit, which I am directed to return to this
branch of the General Assembly.
Mr. Stell laid upon the table the following resolutions:
Resolved by the Senate and Mouse of Representatives of the
State of Georgia in General Assembly convened, That his ex¬
cellency the Governor have collected, arranged, and bound
in suitable volumes the annual messages of the Governors of
this State—the annual reports of the Principal Keeper of the
Penitentiary—the annual reports of the Comptroller Gene¬
ral and Treasurer—the annual reports of the Chief Engi¬
neer of the Western and Atlantic Rail Road—the annual re¬
ports of the Trustees and Resident Physician of the Lunatic
senate. 69
Asylum—and also the reports of the Board of Commission¬
ers of the Deaf and Dumb Asylum.
And be it further Resolved by the authority aforesaid, That
the sum of one hundred dollars, or so much thereof, as may
be necessary, be set apart for that purpose, to be embraced
in the general appropriation bill.
The following message was received from the House of
Representatives by Mr. Harrison 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 in order to proceed to the elections set apart
for this day*
The Senate repaired to the Representative Hall, and af¬
ter being seated, and agreably to a joint resolution, the Gen¬
eral Assembly proceeded to the election of a Surveyor Gen¬
eral and on receiving and counting out the votes it appeared
that James R. Butts was'duly elected.
On motion, the General Assembly took a recess until
three o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Leave of absence was granted to Mr. Grubbs, for a few
days after to-morrow.
The following message was received from the House of
Representatives by Mr. Harrison their Clerk:
Mr. President—I am directed by the House of Represent¬
atives to inform the Senate that they are now ready to re¬
ceive them in the Representative Hall to proceed with the un¬
finished business of the morning.
On motion, the Senate repaired to the Representative
Chamber to go into the unfinished business of the day, and af¬
ter being seated they proceeded to the election of a Comp¬
troller General and on receiving and counting out the ballots,
it appeared that Ezekiel Candler was duly elected.
They then proceeded to the election of Secretary of State,
when after several ballotings no election having been made,
On motion, the Senate withdrew to their Chamber.
On motion, the Senate adjourned until ten o'clock to-mor¬
row morning.
70
journal of the
SATURDAY, November 17, 1849.
The Senate met pursuant to adjournment.
On motion, leave of absence was granted to Mr. Tom-
linson for a few days, after to-day.
On motion, Messrs. Leonard and Stell were added to the
Committee on Internal Improvement.
On motion of Mr. Stell, the resolution offered by him on
yesterday, authorizing the Governor to have collected, ar¬
ranged and bound certain messages, reports, &c., was ta¬
ken up, read and agreed to.
Mr. James R. Smith reported a bill to alter and amend
the twelfth section of the second article of the Constitution of
this State, which was read the first time.
Mr. Stell introduced a bill to regulate the vending of nos¬
trums, secret preparations or medical compounds in this
State, and for laying a tax on the same, which was read the
first time.
Mr. A. J. Miller laid upon the table the following reso¬
lution x
Resolved by the Senate and House of Representatives of the
State of Georgia in General Assembly met, That his excellen¬
cy be and he is hereby requested to issue his proclamation
to the people of this State, sitting apart Thursday, the 29th
day of November, instant, as a day of Thanksgiving to Al¬
mighty God for his mercies and blessings of the past year—
which was taken up, read and agreed to, and the Secretary
directed to carry the same forthwith to the House of Repre¬
sentatives.
The following message was received' 'from the House of
Representatives by Mr. Harrison, 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 Hall for the purpose of proceeding to the
unfinished business of the joint session.
On motion of Mr. Stell, the Senate repaired to the Repre¬
sentative Chamber to go into the unfinished business of yes¬
terday, and after being seated, they proceeded to the elec¬
tion of Secretary of State; and on receiving and counting out
the ballots, it appeared that George W. Harrison was duly
elected.
They then proceeded to the election of Teasurer, and on
receiving and counting out the ballots, it appeared that Wil¬
liam B. Tinsley was duly elected.
They then proceeded to the election of State Printer, and
on receiving and counting out the ballots, -it appeared that
Samuel J. Ray was duly elected.
senate.
71
They then proceeded to the election of a Director of the
Bank of the State of Georgia, and on receiving and counting
out the ballots, it appeared that John Boston was duly
elected.
They then proceeded to the election of a Solicitor Gene¬
ral for the Southern Circuit, and on receiving and counting
out the ballots, it appeared that Thaddeus G. Sturgis was
elected.
The Senate then withdrew to their chamber.
Leave of absence was granted to Mr. James R. Smith for
a few days after to-day.
The Senate then adjourned until ten o'clock Monday
morning.
MONDAY, Novembe*. 19, 1849.
The Senate met pursuant to adjournment.
On motion of Mr. Purse, leave of absence for four days
was granted to Mr. Luther J. Glenn, Secretary „of the Se¬
nate, and Alfred H. Colquitt was appointed Secretary,
pro tem.
The following message was received from the House of
Representatives by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives has con¬
curred in the resolution of Senate, requesting his excellency
the Governor to issue his proclamation to the people of this
State, setting apart Thursday the 29th day of November, in¬
stant, as a day of Thanksgiving to Almighty God for the
mercies and blessings of the past year.
Mr. Chisolm introduced a bill to be entitled an act to al¬
ter and amend the several acts of this State, so far as re¬
lates to the counties wherein the trial of claims to personal
property levied on under executions shall be had, &c.,
which was read the first time.
Mr. Love introduced a bill to be entitled an act to abol¬
ish costs in the Supreme Court of the State of Georgia, and
to provide a salary for the Clerk of said Court, which was
read the first time.
Mr. Purse introduced a bill to be entitled an act amenda¬
tory of, and in addition to the various acts heretofore passed
in reference to the City of Savannah, which was read the
first time.
Mr. Spullock introduced a bill to be entitled an act to
amend the charter and change the corporate name of the
Memphis Branch Rail Road and Steam-boat Company of
Georgia, which was read the first time.
Mr. A. J. Miller introduced a bill to be entitled an act to
72
JOURNAL OF THE
change the time of holding the Supreme Couit at the places
therein named, which was read the first time.
Also, a bill to be entitled an act to extend the provisions
of an act passed on the 31st December, 1838, entitled " an
act to admit deeds, mortgages and bills of sale to be proven
and recorded, and to admit them or their copies in evidence
in the Courts of Law or Equity in this State, which was
read the first time.
Also, a bill to be entitled an act to authorize aliens to re¬
ceive, purchase, hold, and convey, mortgage or devise real
estate, which was read the first time.
Mr. McBee introduced a bill to be entitled an act for the
relief of Robert Stephens, Washington Stephens, Jacob Salo¬
mons, Barney West, and Benjamin Highfield, securities for
the appearance of' Benjamin Stephens before the Superior
Court of the county of Dade, which was read the first time.
Mr. Rawls introduced a bill to be entitled an act to amend
the several acts in relation to issuing grants on head rights
in this. State, so far as to extend the time for granting the
same until the 25th of December, 1851, which was read the
first time.^
Mr. Leonard introduced a bill to be entitled an act to pro¬
tect public worship, which was read the first time.
Mr. Dunham introduced a bill to be entitled an act to le¬
galize and make valid the appointment of Commissioners of
the Camden county Academy, which was read the first time.
Also, a bill to be entitled an act to incorporate the Waynes-
ville Baptist Church, which was read the first time.
Mr. Ferrell introduced a bill to be entitled an act to au¬
thorize Henry R. D. Treadwell, an infirm person of Troup
county to vend and dispose of articles of merchandize with¬
out license, which was read the first time.
Mr. Hines introduced a bill to be entitled an act to incor¬
porate the village of Springfield, in the county of Effingham,
and to appoint Commissioners for the same, which was read
the first time.
Mr. A. J. Miller introduced a bill to be entitled an act
amendatory of the Statute of Limitations, which was read
the first time.
Mr. Anderson introduced a bill to be entitled act to par¬
don John Hunton of the county of Wilkes, which was read
the first time.
Mr. A. J. Miller introduced a bill to be entitled an act
to amend the act passed at the last session of the General
Assembly, entitled "an act for the relief of John H. Mann,
executor of James G. Stallings, deceased, which was read
the first time.
The following bills were read the second time and refer¬
red to a Committee of the whole :
A bill to be entitled an act to authorize the entering of ap-
SENATE.
peals from the Justices to the Superior Courts, in the differ¬
ent counties in this State, and to regulate the proceedings
thereon.
A bill to be entitled an act to compensate the Grand and
Petit Jurors of the county of Murray.
A bill to be entitled an act to designate and appropriate
certain hands to do road duty on the north prong of the
Floyd Road, leading from Springfield to the point where it
intersects the main post road leading to St. Marys' in the
county of Camden.
A bill to be entitled an act to repeal an act entitled an
act to alter and amend the several acts regulating roads in
this State, so far as respects the operations of said act in the
counties of Bryan, Liberty, Mcintosh, Glynn, and Wayne,
approved December 8th, 1806, and to provide for the filling
of vacancies in the Board of Commissioners, authorized by
the original act of 1803.
A bill to be entitled an act to incorporate the Augusta
Machine Works.
A bill to be entitled act to exempt from road duty per¬
sons employed in keeping in repair the several Rail Roads
in this State.
A bill to be entitled an act to authorize certain deeds to
be read in evidence, and to make legal the registry of the
same.
A bill to be entitled an act to incorporate the Trustees of
the "Permanent Fund" for the support of a Reader or Min¬
ister to the Hebrew Congregation at Savannah.
A bill to be entitled an act to incorporate the Madison
Female College, to be located in the town of Madison,
Georgia.
A bill to be entitled an act to alter and amend the twelfth
section of the second article of the Constitution of this
State.
A biil to be entitled an act to regulate the vending of nos¬
trums, secret preparations or medical compounds, in this
State, and for laying a tax on the same.
The following bill was read the second time and referred
to a select committee of one from each judicial district in
this State.
A bill to be entitled an act to lay off a new judicial dis¬
trict in this State, and to fix the time of holding the Superior
Courts in the several counties thereof.
The committee consist of Messrs. Woods, Long, Clayton,
A. J. Miller, Anderson, Bailey, Leonard, Clark, Ira E.
Smith, Wm. Jones, Moseley.
The following bill was read a second time and referred
to the Committee on Privileges and Elections :
A bill to be entitled an act to establish an adnitional
Election Precinct in the county of Murray.
74
JOURNAL OF THE
The following bill was read the second time and refer¬
red to the Committee on the Judiciary:
A bill to be entitled an an act to consolidate and amend
the Claim Laws of this State.
The Senate took up as the report of the Committee of the
whole, the bill to be entitled an act to incorporate San Ma¬
rino Lodge, number thirty-four, Greenesboro', Georgia.—
The report was agreedj to, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to be entitled an act to amend the several
acts in relation to the Georgia Rail Road and Banking
Company.
Mr. A. J. Miller moved to amend by adding the follow¬
ing sections:
And be it further enacted, That the Georgia Rail Road and
Banking Company shall and they are hereby authorized to
subscribe for and hold in " the Nashville and Chattanooga
Rail Road Company" of the State of Tennessee, stock to
the amount of two hundred and fifty thousand dollars, or less
amount, upon the terms and restrictions contained in the
charter of the said last mentioned Company, or such other
as may be agreed on.
And be it further enacted, That the power heretofore grant¬
ed to the Georgia Rail Road and Banking Company, of con¬
structing a Branch of their Road to Washington in the
county of Wilkes, be and the same is hereby revived and
authorized to be exercised by said Company.
The report as amended was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to be entitled an act to amend the several acts
in relation to the City of Augusta, and to amend the acts
passed on the twenty-seventh December, eighteen hundred
and forty-five, to incorporate the Augusta Canal Com-
pany.
Mr. A. J. Miller moved to amend by adding the following
section:
And be it further enacted, That the Jailor of the City of
Augusta shall hereafter pay over to the City Council of Au¬
gusta, all fees received and collected by him in his said of¬
fice of Jailor, at such times as they may require by ordi¬
nances, and that his sureties shall be liable for the payment
of the same.
The report as amended was agreed to, the bill was read
the third time and passed.
On motion of Mr. Bailey, the rule was suspended and
SENATE.
75
the following bill was referred to the Committee on the Ju¬
diciary:
A bill to require the payment of interest on open accounts
as on promisory notes and other liquidated claims in this
State.
The Senate took up as the report of. the Committee of
the whole, the bill for the relief of certain citizens of this
State from any and all disabilities, pains and penalties to
which they may now be subjected by law, which on motion
of Mr. Love, was referred to the Committee on the Judi¬
ciary.
The Senate took up as the report of the Committee of the
Whole, the bill to designate the holidays to be observed in
the acceptance and payment of bills of exchange and pro¬
missory notes, and to allow three days, commonly called
three days of grace, for the payment within said time of all
sight drafts or bills of exchange drawn payable at sight.
Mr. A. J. Miller moved to amend, by adding the following
words to the second section—" subject to the provisions of
the first section," which was agreed to. The report as
amended was agreed to, the bill read the third time and
passed.
Mr. Stell, from the Committee on enrollment, reported as
duly enrolled and ready for the signature of the President, a
resolution setting apart Thursday, the twenty-ninth day of
November, as a day of Thanksgiving, &c.
Mr. Spullock, front the Committee @n Finance, made the
following report, which was taken up, read and adopted :
The Committee on Finance, to whom was referred the
report of George L. Deming, Secretary and Treasurer to
the Commissioners of the Oconee navigation, having had
the same lander consideration, beg leave to submit the fol¬
lowing resolution :
Resolved by the Senate and House of Representatives of - the
State of Georgia in General Assembly met, That the Trea¬
surer be authorized to receive from George L. Deming, Se¬
cretary and Treasurer of Oconee "navigation, the unex¬
pended balance of an appropriation made by an act of the
Legislature of the State of Georgia, passed at the session of
1836, for the improvement of the navigation of the Oconee
River, and that he be also authorized to receipt the said
Secretary and Treasurer for the same.
Mr. Brown from the select committee to whom was re¬
ferred the bill to alter and amend the sixth section and
third article of the Constitution of the State of Georgia, re¬
ported the same with amendments.
Mr. Love laid on the table the petition of William Q. An-
deson, Richard J. Willis, and Thomas Anderson, which
was referred to the Committee on Banks.
The Senate took up as a report of the Coirimittee of the
76
JOURNAL OF THE
whole, the bill to be entitled an act to establish an addition¬
al precinct in the county of Lowndes, which was referred to
the Committee on Privileges and Elections.
The Senate took up as the report of the Committee of
the whole, the bill to allow the widows and children of de¬
ceased persons a support out of the estate of the deceased
for the term of twelve months after the decease, in cases
where no administration has been granted on the estate of
the deceased, and to ascertain the amount necessary for the
support, and set apart the same, and to exempt it from levy
and sale for the debts of the deceased or by an administrator,
and to vest the title thereto, in the family of the deceased.—
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill to be entitled an act for the relief of William
P. Beale and Davis B. Hadley.
Mr. A. J. Miller moved to amend by adding the following
section :
" And whereas an execution has been issued by the Comp¬
troller General against Elisha Wylly, a defaulting Collector
of Taxes for the county of Chatham and his surities, Thomas
Green, Alexander A. Smetts, Dominie O'Byrn, and Hiram
Roberts, for the sum of fourteen hundred and thirty-five dol¬
lars andsninety-one cents, in arrear for State taxes collected
by said Elisha for the year eighteen hundred and forty-eight;
and whereas the said Elisha is entitled to a credit on said
execution of one hundred and forty-two dollars and eighty-
nine cents allowed by the Grand Jury of said county at the
last May term, for his insolvent list, and the said sureties
have paid the residue of said execution, namely, the sum of
twelve hundred and ninety-three dollars and two cents :
Be it further enacted by the authority aforesaid, That the said
Thomas Green, Alexander A. Smetts, Dominie O'Byrn,
and Hiram Roberts, be, and they are hereby released and
exhonerated from all further liability on said execution, and
that they have the use, benefit, and control of the same for
the purpose of indemnifying themselves out of any property
of the said Elisha Wylly. The title was amended to suit
the bill. The report as amended was agreed to, the bill
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to be entitled an act to extend and define the
corporate limits of the town of Madison, in Morgan county,
and to prescribe the manner of levying taxes upon such prop¬
erty as may be embraced in said extension. The report was
agreed to, the bill was read the third time and passed.
On motion, Mr. A. J. Miller was added to the Committee
on the Judiciary and Mr. John Jones to the Committee on the
Military.
senate. 77
The Senate adjourned until ten o'clock to-morrow morn¬
ing.
TUESDAY MORNING, November 20th, 1849.
The Senate met pursuant to adjournment.
Mr. Chisolm moved to reconsider so much of the Journal
of yesterday as relates to the passage of a bill to amend the
several acts in relation to the Georgia Rail Road and
Banking Company ; on which motion the yeas and nays
were required to be recorded, and were yeas 10—nays 29.
Those who voted in the affirmative, are Messrs. Chisolm,
Clark, Clayton, Eberhart, John Jones, Leonard, Long,
McBee, Stell, Woods.
Those who voted in the negative, are Messrs. Bailey, Au¬
gustus Beall, Byrd, Blackshear, James E. Brown, Joseph
E.Brown, Bryan, Cochran, Dunhan, Edmondson, Ferrell,
Gonder,! Hines, Micajah Johnston, Thomas Johnston,
William Jones, Love, McRae, A. J. Miller, J. A. Miller,
Moseley, Murphey, Purse, Quarterman, Santord, John W.
G. Smith, Ira E. Smith, Spullock, Turner.
So the motion was lost.
The following message was received from the House of
Representatives, by Mr. Harris, their Clerk :
Mr President.—The House of Representatives have con¬
curred with the Senate in the report and resolution of the
Committee on Finance, requesting his excellency the Gov¬
ernor to take such steps as he may think advisable to ob¬
tain a settlement of the military claims of the State upon the
general government, and if necessary, to appoint an agent
for such purpose, &c.
They have agreed to a resolution requesting the post mas¬
ter general to establish a mail route on horseback from Cen¬
tre Village, in Camden county, by the way of Woodstock
Mills, in Florida, to St. Marys, in Camden county, and back
twice a week; to which they desire the concurrence of the
Senate.
Mr. Stell from the Committee on Enrolment, reported as
duly enrolled and ready for the signature of the President
of the Senate, the report of the Committee on Finance, in
relation to the claims of the State of Georgia against the
.general government for monies expended by the State in the
suppression of Indian hostilities.
Mr. Spullock reported a bill to incorporate the Coosa
River Steamboat Company, which was read the first time.
Mr. Moseley reported a bill to authorize Johnson Gar-
jOtTRNAli OF THE
7o
„A to construct a dam across the Chattanoochee River,
W hi own land, which was read the first time.
°nMr Clark reported a bill to prevent Judges of the several
q^erior Courts in this State from making certain charges,
or giving their opinions to, or in hearing of the jury, and to
define the same as error, which was read the first time.
Mr. Ferrell reported a bill to change the name Oi Malinda
Jane Reaves, a female infant of Troup county, to Malinda
Jane Yarbrough, and for other purposes therein mentioned,
which was read the first time.
Mr. Sanford introduced a bill to be entitled an act to de¬
clare the lien of judgments upon equitable property, which
was read the first time.
Also, a bill to be entitled an act to prescribe the manner
of creating trusts in personal property and separate estates
in said property, which was read the first time.
Mr. McRae introduced a bill to be entitled an act to au¬
thorize the Clerks of the Superior, Inferior and ordinary
Courts of Montgomery county to keep their offices within
fifteen miles of the Court House in said county, which was
read the first time.
Mr. Woods introduced a bill to be entitled an act for the
relief of certain persons therein named, which was read the
first time.
Also, a bill to be entitled an act to relieve the tax-payers
of this State so far as relates to the payment of poll tax,
which was read the first time.
Mr. A. J. Miller introduced a bill to be entitled an act to
incorporate the Union Steamboat Company of Georgia and
South Carolina, which was read the first time.
Also, a bill to be entitled an act for the preservation and
protection of the rights of married women, and the distribu¬
tion of their estates, which was read the first time.
On motion, fifty copies of the same were ordered to be
printed for the use of the Senate. 1
The Committee on Internal Improvements, to whom was
referred a bill to be entitled an act to authorize the Central
Rail Road and Banking Company of Georgia, the Macon
and Western Rail Road Company to unite their roads in
one common depot, at or near the city of Macon, have had
the same under consideration, and report the same back to
the Senate without amendment, with a recommendation that
the bill pass. #
The same committee to whom was referred the bill to be
entitled an act to grant the privilege to the stockholders of
the Cross Plains and Red Clay Branch Rail Road Com¬
pany to change the name of said road, and for other pur¬
poses, reported the bill back to the Senate with an amend-
m Mr. John W. G. Smith reported a bill to be entitled an
SENATE.
79
act to incorporate the Fountain Spring Camp Ground in the
county of Talbot, and appoint Trustees for the same, which
was read the first time. The Senate took up a bill to
grant the privileges to the Stockholders of the Cross Plains
and Red Clay Branch Rail Road Company, to change
the name of said Road and for other purposes ; to the first
section of which Mr. Purse from the Committee on Internal
Improvements moved the following amendment: insert
" and subject to all the liabilities," which motion was car¬
ried. The report as amended was agreed to, the bill was
read the third time and passed.
The Senate took up as a report of the Committee of the
whole, the bill to be entitled an act to authorize the entering
of appeals from the Justices of the Superior Courts in the
different counties in this State, and to regulate the pro¬
ceedings thereon. Which on motion, was referred to the
Committee on the Judiciary.
The Senate took up as the report of the Committee of
the whole, the bill to be entitled an act to compensate
the Grand and Petit Jurors of the county of Murray.—
The report was agreed to. The bill was read the third
time and passed.
The Senate took up as a report of the Committee of the
whole the bill to be entitled an act to designate and appro¬
priate certain hands to do road duty on the north prong of
the Floyd Road leading from Springfield to the point where
it intersects the main post road leading to St. Marys' in
the county of Camden. The repoat was agreed to, the
bill was read the third time and passed.
The Senate took up as the report of the Committee of
the whole, a bill to be entitled an act to repeal an act enti¬
tled an act to alter and amend the several acts regulating
roads in this State so far as respects the operations of said
act in the counties of Bryan, Liberty, Mcintosh, Glynn, and
Wayne, approved December 8th, 1806, and to provide for
the filling of vacancies in the Board of Commissioners au¬
thorized by the original act of 1803. The report was agreed
to, the bill was read the third time and passed, and on mo¬
tion of Mr. Long, the rules were suspended and the Secre¬
tary directed to carry the same forthwith to the House.
The Senate took up as the report of the Committee of
the whole, the bill to be entitled an act to incorporate the
Augusta Machine Works. The report was agreed to, the
bill was read the third time and passed.
The Senate took up as a report of the Committee of the
whole, the bill to be entitled an act to exempt from road du¬
ty persons employed in keeping in repair the several Rail
Roads in this State. The report was agtesd to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of
gQ JOURNAL OF THE
the whole, the bill to be entitled an act to incorporate the
Trustees of the "Permanent Fund" for the support of a
Reader or Minister to the Hebrew Congregation at Sa¬
vannah. The report was agreed to, the bill was read the
third time and passed. .
The Senate took up as a report of the Committee of the
whole, a bill to be entitled an act to incorporate the Madi¬
son Female College, to be located in the town of Madison,
Georgia. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as a report of the Committee of the
whole, a bill to be entitled an act to authorize certain deeds
to be read in evidence, and to make legal the registry of the
same. The report was agreed to, the bill was read the third
time and passed.
The following message was received from his excellency
the Governor, by Mr. Patton, his Secretary:
Mr. President—His excellency the Governor has assented
to and signed a resolution setting apart Thursday the 29th
inst., as a day of Thanksgiving throughout this State, which
I am directed to return to this branch of the General As¬
sembly.
The following bills were read the second time and re¬
ferred to the Committee of the whole:
A bill to alter and amend the several acts of this State
so far as relates to the counties wherein the trial of claims
to personal property levied on under executions, shall be
had, &c.
A bill to abolish costs in the Supreme Court of the State
of Georgia, and to provide a salary for the Clerk of said
Court.
A bill amendatory of and in addition to the various acts
heretofore passed in reference to the City of Savannah.
A bill to amend the charter and change the corporate
name of the Memphis Branch Rail Road and Steamboat
Company of Georgia.
A bill to change the time of holding the Supreme Court at
the places therein named.
A bill to extend the provisions of an act passed on the
31st December, 1838, entitled "an act to admit deeds,
mortgages, and bills of sale to be proven and recorded, and
to admit them or their copies in evidence in the Courts of
Law or Equity in this State."
A bill to authorize aliens to receive, purchase, hold, and
convey, mortgage, or devise real estate.
A bill for the relief of Robert Stephens, Washington Ste¬
phens, Jacob Sammons, Barney West and Benjamin High-
field, securities for the appearance of Benjamin Stephens,
before the Superior Court of the county of Dade.
SENATE.
81
A bill to amend the several acts in relation to issuing
grants on head rignts in this State, so far as to extend the
time lor granting the same until the twenty-fifth of Decem¬
ber, eighteen hundred and fifty-one.
A bill to protect public worship.
A bill to legalize and make valid the appointment of
Commissioners of the Camden county Academy.
A bill so incorporate the Waynesville Baptist church.
On motion of Mr. Bailey, the rules were suspended and a
memorial from John D. Gray & Co. was read and referred
to a committee consisting of Messrs. Spullock, Clayton and
Edmondson.
The order was resumed and the following bills were read
the second time and referred to the Commtttee of,the
whole-
A bill to authorize Henry R. D. Tread well, an infirm per¬
son of Troup county, to vend and dispose of articles of mer¬
chandize without license.
A bill to incorporate the village of Springfield, in the
county of Effingham, and to appoint Commissioners for the
same.
A bill amendatory of the statute of limitations.
A bill to amend an act passed at the last session of the
General Assembly, entitled " an act for the relief of John
H. Mann, executor of James G. Stallings, deceased."
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk :
Mr. President—I am directed by the House of Represen¬
tatives to inform the Senate that they have passed the fol¬
lowing bill of the Senate:
An act to amend the ninth section of the third article of
the Constitution of the State of Georgia.
The following bill was read the second time and ordered
to be engrossed for a third rending:
A bill to pardon John Hunton, of the county of Wilkes.
On motion of Mr. Dunham, the following resolutions from
the House of Representatives, were, 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 Postmas¬
ter General be requested to establish a mail route, on horse¬
back, from Centre Village, in Camden county, by the way
of Woodstock Mills, in Florida, to St. Marys, in Camden
county, and back twice a week, and our delegation in Con¬
gress be requested to use their influence to effect the above
object. !
And be itJurther resolved, That his excellency the Gov¬
ernor, is hereby requested; to furnish each of our Senators
82
JOURNAL OF THE
and Representatives in Congress with a copy of these reso¬
lutions.
Mr. Murphy, from the Committee on the memorial of
Thomas R. R. Cobb, submitted the following report:
The Joint Select Committee to whom was referred the
memorial of Thomas R. R. Cobb, proposing to prepare and
arrange a complete Digest of the Statute Laws of Georgia,
from its settlement as a province, down to the present time,
and to add to each statute a note of the construction placed
upon it by our Supreme Court, beg leave to report that they
have had the same under consideration, and approve of the
plan proposed and believe it will be worthy the patronage of
the State, and recommend the passage of the following reso¬
lution :
Resolved, That his excellency the Governor of the State of
Georgia be, and he is hereby authorized to have the Digest
of the memorialist thoroughly examined by competent
persons, and if found correct and faithful, that he be au¬
thorized to subscribe for a number of copies thereof, for the
use of the State, not to exceed three thousand, at a price not
to exceed four dbllars per volume.
On motion of Mr. Murphy, the report with the resolution
was taken up, read and agreed to.
Mr. Clark reported a bill to be entitled an act to regulate
the certifying of bills of exceptions upon causes for the Su¬
preme Court where the presiding Judge and counsel or
party can not agree as to what transpired, and to prescribe
a remedy, which was rend the first time.
Mr. Joseph E. Brown reported a bill to be entitled an act
to prohibit the reporter of decisions of the Supreme Court of
this State from incorporating into such report the arguments
and briefs of counsel further than a statement of the points
made, and a brief of the authorities referred to by said coun¬
sel, which was read the first time.
Mr. Leonard reported a bill to be entitled an act to au¬
thorize persons who purchased lands in the twelfth and
thirteenth district of Ware county, under the act of the
twenty-third December, eighteen hundred and thirty-three,
to pay up for said lands, and grant the same, and to limit
the time for taking out their grants and to fix the fees for the
same, which was read the first time.
On motion, the Senate then adjourned until to-morrow
morning ten o'clock.
WEDNESDAY, November 21, 1849.
T>e Senate met pursuant to adjournment*
SENATE.
S3
Mr. Joseph E. Brown moved to reconsider so much of the
Journal of yesterday as relates to the report of the Commit¬
tee to whom was referred the memorial of Thomos R. R.
Cobb, which was agreed to.
Mr. Stell reported a bill to be entitled an act to separate
and divorce Frances E. Hartsfield and William D. Harts-
field, her husband, and to change the name of the said
Frances E. Hartsfield, to that of Franees E. Cleveland,
which was read the first time.
Mr. Spullock reported a bill to be entitled an act to sepa¬
rate and divorce Elias Lay and his wife Rebecca Lay,
formally Rebecca Connally which was read the first time.
Mr. Purse reported a bill to be entitled an act to author¬
ize John Dillon, of the county of Chatham, to erect a Toll
Bridge over the Great Ogeechee River, on his own land
near Fort Agyle, which was read the, first time.
Also, a bill to be entitled an act to amend an act to give
Masons and Carpenters an incumbrance for debts due on
account of work done and materials furnished in building or
repairing houses and premises to which they may be attach¬
ed, passed 22d December, 1834,—so as to give to Painters,
Tiuners and Coppersmiths in the county of Richmond and
city of Savannah, the like security for debts due on account
of work done on houses in the county of Richmond and city
of Savannah, which was read the first time.
Mr. Long reported a bill to be entitled an act to change
the name of Kate Leon Rich of Glynn county, to that of
Kate Leon Riley, which was read the first time.
Mr. Joseph E. Brown reported a bill to be entitled an act
to consolidate the offices of Receiver of Tax Returns and
Tax Collector in the county of Cherokee, and to make provi¬
sion for paying Grand and Petit Jurors in said county,
which was read the first time.
Mr. Clark reported a bill to be entitled an act to extend
the time for the completion of " the Ocmulgee and Flint
Rail Road and Canal Company," which was read the first
time. .
Also, a bill to be entitled an act to authorize the legal
representatives of intestates and testators of other States, to
sue in this State, which was read the first time.
Mr. James A. Miller reported a bill to be entitled an act
to exempt Emory College and other Colleges in this State
from taxation, and to place them upon the same footing
with the University of Georgia, which was read the first
time.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk.
Mr. President—T am directed by the House of Represen¬
tatives to inform the Senate that they have concurred in a
*84
JOURNAL OF THE
resolution*of the Senate appointing a Joint Standing Com¬
mittee, to be denominated the Committee of State Statistics,
and the following have been appointed on that Committee
on the part of the House :
Kenan, Hodges, of Houston, Perkins, Wiggins, McDougald,
McAllister, Lane, Harris, Thomasson, Jones and Gresham.
The following message was received from his Excellency
the Governor, by Mr. Patton his Secretary:
Mr. President—His Excellency the Governor has assented
to and signed a resolution of the General Assembly relative
to the military claims of the State against the General Gov¬
ernment, which I am directed to return to this branch of the
General Assembly.
I am also instructed to lay before the Senate a communi¬
cation in writing from the Governor, accompanied by a re¬
port from the Director of the Central Bank.
On amotion of Mr. A. J. Miller, the Governor's message
was taken up, and the report of- ihe Director of the Central
Bank referred to the Committee on Banks, and fifty copies
of the same ordered to be printed for the use of the Senate.
Mr. Stell, from the Committee on Enrolment, reported as
having passed, according to the requisitions of the Constitu¬
tion, and ready for the signature of the President of the
Senate, the, act to amend the ninth section of the third article
of the Constitution of the State of Georgia.
Mr. Spullock, from the committee to whom was referred
the memorial of John D. Gray & Company, submitted the
following report:
Resolved, That his Excellency the Governor, and the
Chief Engineer of the Western and Atlantic Rail Road, be
requested to furnish the Senate with a copy of the adver¬
tisement for the letting out of the contract for the completion
of said road from Dalton to Chattanooga, together with all
the detailed information furnished for the use of bidders—
also the quantity and kind of work executed by the con¬
tractors, which was not embraced in the original contract,
and for which they have received no compensation,—and
all other information in reference to the building of the
tunnel, bearing upon the points embraced in the memorial of
John D. Gray & Co.
On motion of Mr. Spullock, the report was taken up, read
and agreed to.
Mr. Bailey, from the Committee on the Judiciary, made
the following report:
The Committee on the Judiciary, to ^vhom was referred
a bill for the relief of certain citizens of this State, from any
and all the difficulties, pains and penalties, to which they
may now be subject by law, have had the same under con¬
sideration and received the approval of the committee.
SENATE,
Also, a bill to limit the lien of judgments, and to protect
the title of innocent purchasers in certain cases. The com¬
mittee direct the same to be reported without recommenda¬
tion and ask to be discharged trom its further consideration.
Also, a bill to regulate the admission of evidence in cer¬
tain cases, and declare the effect of certain levies, that the
same be reported with an amendment.
Also, a bill to authorize Rail Road Companies to sub¬
scribe for, purchase, and to hold stock in other Rail Road
Companies, with an amendment.
Also, a bill to regulate the mode of sueing the bonds of
Executors, Administrators and Guardians; without amend¬
ment.
On motion of Mr. Bailey, the rule was suspended and
the Senate took up as the report of the Committee of the
whole, the bill to authorizeR ail Road. Companies to subscribe
for, purchase and hold stock in other Rail Road Companies;
and on the first section being read as follows:
. Be it enacted by the Senate and House of Representatives of
the State of Georgia in General Assembly met, and it is hereby
enacted by authority of the same, That any Rail Road Company
in this State shall be allowed and authorized to subscribe
for, purchase and hold stock in any other Rail Road Com-'
pany upon the same terms and with the same privileges, and
liabilities that an individual citizen may under any act of
incorporation now or hereafter to be passed.
Mr. Baily moved to amend by inserting after the words,
" in any other Rail Road Company," the following words to
wit: " not exceeding one-third of the capital thereof," which
was agreed to.
The report as amended was agreed to—the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
Whole, the bill to regulate the mode of sueing the bonds of
Executors, Administrators and Guardians, the report was
agreed to, the bill read the third time and passed.
The Senate took up as the report of the Committee of the
Whole, the bill to regulate the admission of evidence in cer¬
tain cases and to declare the effect of certain levies, and on
the second section of the bill being read as follows:
And be it further enacted, That the levy of a fi. fa. upon
real or personal property, and subsequently dismissed, shall
not be taken, deemed, or considered as presumptive or con¬
clusive evidence of payment thereof, any law to the con¬
trary notwithstanding.
Mr. Baily moved to amend by inserting after the word
" thereof" the following words to wit: "provided said dis¬
missal is entered on the execution within six months after
66
journal of the
levy; and that any dismissal of a levy where the property is
claimed by a third person, shall not affect the plaintiff s
execution," which was agreed to.
The report as amended was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
Whole, the bill to limit the lien of judgments at law,, and to
protect the title of innocent purchasers in certain cases, and
on the first section of the bill being read as follows:
Be it enacted by the Senate and House of Representatives oj
the State of Georgia in General Assembly met, and it is hereby
enacted by the authortly of the same, That when judgment
creditors in judgments hereafter to be obtained, shall delay
the collection thereof for twelve months after the rendition of
the same, and the defendants in said judgments, after the
expiration of the said twelve months, shall sell any negro or
negroes, or other personal chattel, the lien of said judg¬
ment shall be lost, and the purchaser shall acquire a good
title provided he pays a valuable consideration for the pro¬
perty and purchases without actual notice of the existence of
the judgment.
Mr. Clark moved to amend by inserting after the word
"lost," the following words to wit: "upon the negro or
negroes or other chattel so sold," which was agreed to.
Mr. Love moved to amend further by striking out the
words "twelvemonths," and inserting in lieu thereof "two
years," which was agreed to; and on the second and third
sections being read as follows :
And be it further enacted by the authority aforesaid, That
judgment creditors in judgments hereafter to be obtained,
who wish to extend indulgence to their debtors, shall, and
they are hereby required to hare certified copies of their
judgments recorded in the clerk's office of1 the Superior
Court of the several counties where the defendant may own
any real estate, in a book to be kept for that purpose, within
two years after the rendition thereof.
Sec. 3d. And be it further enacted by the authority afore¬
said, That any judgment creditor failing to comply with the
requisitions of the second section of this act, if the defend¬
ant shall sell after the expiration of the two years afore¬
said, his real estate or any part thereof, shall lose the lien
of his judgment on the property so sold, and the purchaser
shall acquire a good title, provided he pays a valuable
consideration and buys without actual notice of the ex¬
istence of the judgment.
Mr. Ferrell moved to strike out the sections jus tread,
which was agreed to.
On motion of Mr. Woods the report as amended was laid
upon the table for the present.
senate.
87
The Senate took up as the report of the Committee of the
Whole, the bill for the relief of certain citizens of this State"
from any and all disabilities to which they may be subject¬
ed by law, and on the preamble being read as follows :
Whereas, the Supreme Court of this State have decided
that final divorces cannot be obtained and are not authorized
by law for any cause arising subsequent to the marriage,
and whereas, there are many citizens, male and female,
who have been divorced either by the judgments of the
Superior Courts of this or some other State; and whereas,
there are those who now reside in this State who have
been divorced by the acts and resolutions of the Legisla¬
tive authority of other of the American States ; and where¬
as doubts are entertained as to the validity and legality of
said divorces so obtained " where the marriage contract
was solemnized in this State."
Mr. A. J. Miller moved to amend by striking out the
words " where the marriage contract wat solemnized in this
State," which was agreed to, the report as anended was
agreed to, the bill read the third time and passed.
On motion the Senate adjourned until 10 o'clock to-mor¬
row morning.
THURSDAY, November 22, 1849.
The Senate met pursuant to adjournment.
On motion of Mr. Love, the Senate reconsidered so much
of the Journal of yesterday as relates to the action of the
Senate, striking out the second and third sections of the
bill to limit the lien of Judgments at Law; and to protect the
title of innocent purchasers in certain cases. The bill was
then on motion recommitted and referred to a special com¬
mittee, consisting of Messrs. Love, Clark, and James R.
Smith.
On motion of Mr. J. R. Smith, fifty copies of the bill were
ordered to be printed for the use of the Senate. s
Mr. Clark presented the memorial ofLott Warren and
others, praying the formation of a new Judicial Circuit to
be composed of Dooly and Macon counties of the South¬
western Circuit, and Houston, Crawford, and Bibb, of
the Flint Circuit.
On motion of Mr. Clark, the petition was referred to the
select committee of one from each judicial district, consist¬
ing of Messrs. Woods, Long, Clayton, A. J. Miller, Ander¬
son, Bailey, Leonard, Clark, Ira E. Smith, William Jones,
Moseley.
Mr. Woods from the select committee to whom was re-
ss
jot/rnal of the
ferred the bill to lay off a new Judicial Circuit in this State
and to fix the time of holding the Superior Courts in the
several counties thereof, and to add other counties to the
Western District—reported the same back to ttie Senate
without amendment.
The following message was received from the House of
Representatives by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have pass¬
ed a bill to be entitled an act to appropriate money for the
purposes therein designated; to which they request the
agreement of the Senate.
Mr. A. J. Miller reported a bill to be entitled an act in
relation to Divorces, which was read the first time.
On motion of Mr. Bailey, fifty copies were ordered to be
printed for the use of the Senate.
Mr. James R. Smith reported a bill to be entitled an act
to add a part of the county of Emanuel to the county of
Washington, which was read the first time.
Mr. Spullock reported a bill to be entitled an act to regu¬
late the testimony of Attornies at Law, which was read the
first time.
Also, a bill to be entitled an act to incorporate the Cher¬
okee College of Georgia, in the [county of Floyd, which
was read the first time.
Mr. John Jones reported a bill to be entitled an act to
provide for disposing of certain lands in the twelfth and
thirteenth districts of the county of Ware, which were sold
under an act passed the twenty-third day of December,
eighteen hundred and thirty-three, and which have not been
paid for and granted by the purchasers under said act,
which was read the first time.
Mr. Clayton reported a bill to be entitled an act to estab¬
lish an additional election precinct in the county of Clark,
which was read the first time, and on motion, it was referred
to the Committee on Privileges and Elections.
Mr. Ferrell reported a bill to be entitled an act to change
the time of holding the Inferior Courts for the county of
Troup, which was read the first time.
Also, a bill to be entitled an act more effectually to pro¬
vide for the payment of recoveries in certain cases, which
was read the first time.
Mr. Bailey reported a bill to be entitled an act to define
the rights of Complainants in Equity in certain cases, which
was read the first time.
The President presented the report of the Director of the
Central Bank, in relation to the creditors, bill holders, &c.,
of the Bank of Darien, which on motion, was referred to
the Committee on Banks.
SENATE.
89
The following message was received from his excellency
the Governor, by Mr. Patton, his Secretary :
Mr. President—His excellency the Governor has approved
and signed "an act to amend the ninth section of the third
article of the Constitution of the State ,of Georgia," and
he has directed me to return the same to this branch of
the General Assembly.
The Senate took up as the report of the Committee of the
whole, the bill to lay off a new Judicial Circuit in this
State, and# to fix the time of holding the Superior Courts
in the several counties thereof, and to add other counties to
the Western District ; the report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to alter and amend the several acts of this
State so far as relates to the counties wherein the trial of
claims to personal property levied on under executions shall
be had, &c. On motion of Mr. A. J. Miller, the bill was re¬
ferred to the Committee on the Judiciary.
The Senate took up as the report of the Committee of the
whole, the -bill to abolish costs in the Supreme Court
of the State of Georgia, and to provide a salary for the
Clerk of said Court. On motion of Mr. Clark, the bill
was referred to a select committee consisting of Messrs.
Clark, Love, A. J. Miller, Chisolm and Sanford.
The Senate took up as the report of the Committee of
the whole, the bill amendatory of and in addition to the
various acts heretofore nassed in reference to the City of
Savannah. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to amend the charter and change the corpo¬
rate name of the Memphis Branch Rail Road and Steamboat
Company of Georgia. The report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to extend the provisions of an act passed on
the thirty-first December, eighteen hundred and thirty-eight,
entitled an act to admit deeds, mortgages and bills of sale
to be proven and recorded, and to admit them or their co¬
pies in evidence in the. courts of law or equity in this
State.
Mr. A. J. Miller moved to amend by adding the following
section:
And he it further enacted, That where a deed of conveyance
or bill of sale has been or may be executed in another State,
the same may be proved, by the affidavit of a subscribing
witness, as in other cases before a judicial officer of this
90
JOURNAL OF THE
State, and it shall be recorded and read in evidence without
further proof, which was agreed to.
The report as amended, was agreed to—the caption was
changed to suit the bill, the bill was read the third time and
^ The Senate took up as the report of the Committee of the
whole, the bill to be entitled an act to alter and amend the
twelfth section of the second article of the Constitution, and
on the preamble being read as follows :
Whereas the twelfth section of the second article of the
Constitution of this State reads in the following words, to
wit:—" There shall be a Secretary of State, a Treasurer
and Surveyor General appointed in the same manner and
at the same session of the Legislature, and they shall hold
their offices for the like period as the Governor, and shall
have a competent salary, including such emoluments as may
be established by law, which shall not be increased or di¬
minished during the period for which they shall have been
elected."
And whereas the amendment of the second section of the
second article of the Constitution by which the power of
electing a Governor of the State is conferred upon the peo
pie, renders the above recited section ambiguous and ob¬
scures its meaning. And whereas, the election of Secre¬
tary of State, Treasurer and Surveyor General, constitutes
no part of the business of legislation but tends to destract
and disturb the harmony which should exist among the
members of the General Assembly and is a heavy tax up¬
on the Treasury of this State :
Mr. A. J. Miller moved to amend the same by striking
out all after the words "obscures its meaning," which
was agreed to. The report as amended was agreed to.—
The bill was read the third time and on the question " shall
this bill now pass?" the yeas and nays were required to
be recorded and are yeas thirty-nine, nays one.
Those who voted in the affirmative, are Messrs.
Anderspn, Eberhart, - McRae,
Bailey, Edmondson, Andrew J. Miller,
Augustus Beall, Feriell, James A. Miller,
Byrd, Gonder, Moseley,
Blackshear, Hines, Murphy,
James E. Brown, Micajah Johnston, Purse,
Joseph E. Brown, Thomas Jbhnston, Quarterman,
Bryan, William Jones, John W. G. Smith,
Chisolm, John Jones, James R. Smith,
Clark, Leonard, Spullock,
Clayton, Long, Stell,
Cochran, Love, Turner,
Bunham, McBee, Woods,
senate.
91
v Those who voted in the negative, are Messrs.
San ford.
So the bill passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize aliens to receive, purchase, hold
and convey, mortgage or devise ^eal estate. The report
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill for the relief of Robert Stephens, Washington
Stephens, Jacob Sammons, Barney West and Benjamin
Highfield, securities for the appearance of Benjamin Ste¬
phens before the Superior Court of the county of Dade.—
The report was agreed to, the bill read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill to amend the several acts in relation to is¬
suing grants on head rights in this State, so far as' to ex¬
tend the time for granting the same until the twenty-fifth
of December, eighteen hundred and fifty-one. The re¬
port was agreed to, the bill read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to protect Public Worship. The report was
agreed to, the bill read the third time and lost.
The Senate took up as the report of the Committee of the
whole, the bill to alter and amend the sixth section and third
article of the Constitution of the State of Georgia, and on
reading the first section as follows :
Sec. 1st. 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 so soon
as this act shall have passed agreeably to the requirements
of the Constitution, the following shall be adopted in lieu
of the section above recited to-wit:
" The powers of a Court of Ordinary of Register of Pro¬
bates, shall be vested in the Inferior Courts of each county,
from whose decisions there may be an appeal to the Supe¬
rior Court under such restrictions and regulations as the
General Assembly may by law direct, and the Clerks of the
several Courts of Ordinary of this State shall be elected
by the persons of the respective counties who are entitled
by law to vote at elections for members to the Legislature
of'this State in such manner as the Legislature may by law
direct, and any one or more Justices of the saidfCourt with
such Clerk may issue citations and grant temporary letters
in time of vacation, to holdjmtil the next meeting of the
said Court, and such Clerk or other person may grant mar~
xiage licenses."
92
JOURNAL OF THE
Mr. Joseph E. Brown moved to amend by striking out
all after the words, "to-wit," and inserting the following:
" The powers of a Court of Ordinary or Register of Pro¬
bates, shall be vested in an Ordinary, for each county, from
whose decisions there may be an appeal to the Superior
Court, under such restrictions and regulations as may be or
may have been prescribed by law, the said Ordinary shall be
ex-officio Clerk "of the sai d Court, and may appoint a deputy
Clerk. The Ordinary as Clerk and his deputy may issue ci¬
tations and grant temporary letters of administration in'va¬
cation, to hold until the next term said Court, and said Or¬
dinary as Clerk or his deputy may grant marriage licenses.
The Ordinary in and for the respective counties shall be
elected as other county officers are, on the first Monday
in January, eighteen hundred and fifty-two and every fourth
year thereafter, and shall be commissioned by the Gover¬
nor for the term of four years. In case of a vacancy in shid
office of Ordinary from any cause, the same shall be filled
by election as is provided in relation to other county officers,
and until the same is filled the Clerk of the Superior Court
for the time being shall act as Clerk of said Court of Ordi¬
nary,—which was agreed to. The report as amended was
agreed to, and on motion of Mr. Murphy, the bill was laid
upon the table for the present.
The Senate took up as the report of the Committee of the
whole, the bill to legalize and make valid the appointment
of Commissioners of the Camden county Academy. The
report was agreed to, the bill read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate the Waynesville Baptist
church; the reportwas agreed to, the bill read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate the village of Springfield, in
the county-of Effingham, and to appoint Commissioners for
the same ; the report was agreed to, the bill read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, the bill amendatory of the statute of limitations,
which, on motion of Mr. Joseph E. Brown, was referred to
the Committee on the Judiciary.
The Senate took up as the report of the Committee of the
whole, the bill to amend the act passed at the last session
of the General Assembly, entitled an act for the relief of
John H. Mann, Executor of James G. Stallings, deceased,
the report was agreed to, the bill read the third time and
passed.
The bill from the House of Representatives, to be entitled
an act to appropriate money for the purposes therein de-
senate. 93
signaled, was taken up and read the first time, and on
motion
The Senate adjourned to 3 o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. A. J- Miller made the following report:
The Select Committee to whom was referred the memo¬
rial of the Georgia Historical Socipty, praying an appropria¬
tion of six hundred dollars ($600 00), to repay said society
the expense incurred in procuring transcripts of six
volumes of manuscript records connected with the early
history of Georgia, procured from the British State paper
office, and which volumes said society tender to the State,
have had the said memorial under consideration, and con¬
sidering the prayer reasonable, they recommend the adop¬
tion of the following resolution :
Resolved, That the sum of six hundred dollars be inserted
in the appropriation bill to be paid to the Georgia Historical
Society, tor the transcripts of the six volumes of manuscript
records obtained by them from the British State paper office,
containing the acts and correspondence of the trustees of
the Colony of Georgia, from 1732 to 1735.
The bill from the House of Representatives, to be entitled
an act to repeal all laws respecting the importation of slaves
into this State, was taken up and read the first time.
The following bills were taken up, read the second time,
and referred to the Committee of the Whole House:
A bill to incorporate the Coosa River Steamboat Com¬
pany.
A bill to authorize Johnson Garwood to construct a dam
across the Chattahoochee river, on his own land.
A bill to change the name of Malinda Jane Reaves, a fe¬
male infant of Troup county, to Malinda Jane Yarbrough,
and for other purposes therein mentioned.
A bill to declare the lien of judgments upon equitable
property.
A bill to prescribe the manner of creating trusts in per¬
sonal property, and separate estates in said property.
A bill to authorize the clerks of the Superior, Inferior and
Ordinary Courts of Montgomery county,,to keep their offices
within fifteen miles of the Court House in said county.
A bill for the relief of certain persons therein named.
A bill to incorporate the Union Steamboat Company of
Georgia and South Carolina.
94
JOURNAL OF THE
A bill for the preservation and protection of the rights of
married women, and the distribution of their estates.
A bill to incorporate the Fountain Spring Camp Ground
in the county of Talbot, and to appoint trustees for the
same.'
A bill to prohibit the Reporter of the decisions of the
Supreme. Court of this State from incorporating into said
reports the arguments and briefs of counsel, further than a
statement of the points made and a brief of the authorities
referred to by said counsel.
A bill to authorise John Dillon, of the county of Chatham,
to erect a toll-bridge over the great Ogeechee River, on his
own land, near Fort Argyle-
A bill to amend an act to give to masons and carpenters
an incumbrance from debts due on account of work done
and materials furnished in building or repairing houses and
premises to which they may be attached, passed 22d De¬
cember, 1834, so as to give to painters, tinners and copper¬
smiths in the county of Richmond and city of Savannah,
the like security for debts due on account of work done on
houses in the county of Richmond and city of Savannah.
A1 bill to fconsolidate the offices of Receiver of Tax Re¬
turns arid Tax Collector, in the county of Cherokee, and to
make provision for paying Grand and Petit Jurors in said
county.
A bill to ehapge the name of Kate Leon Rich to that of
Kate Leon Riley.
A bill to extend the time for the completion of the Ocmul-
gee and Flint Rail Road and Canal Company.
A bill to exempt Emory College and other Colleges in this
State from taxation, and to place them on the same footing
with the University of Georgia.
A bill to authorize the legal representatives of intestates
and testators of other States to sue in this State.
The following bills were taken up, read the second time,
and on motion, were referred to the Committee on the Ju¬
diciary :
The bill to prevent Judges of the several Superior Courts
in "this State from making, certain charges or giving their
opinions to, or in hearing of the Jury, and to define the same
as an error.
The bill to regulate the certifying of bills of exceptions
upon causes for the Supreme Court when the presiding
Judge arid Counsel or party cannot agree as to what tran¬
spired, and to prescribe a remedy.
The bill to separate and divorce Francis E. Hartsfield
and William D. Hartsfield, her husband, and to change the
name of the said Frances E. Hartsfield to that of Frances
E. Cleveland.
senate.
The bill to separate and divorce Elias Lay and his wife
Rebecca Lay, formerly Rebecca Connally.
The bill to relieve the Tax-payers of this State so far as
relates to the payment of Poll Tax, was taken up, read the
second time and on motion, was referred to the Committee
on Finance.
The bill to authorize persons who purchased lands in the
twelfth and thirteenth districts of Ware county, under the
act of the twenty-third day of December, eighteen hundred
and thirty-three, to pay up for said lands, and grant the
same, and to limit the time for taking out their grants and
to fix the fees for the same, was taken up, read the second
time and on motion, was referred to a Special Committee,
consisting of Messrs. William Jones, Leonard and Purse.
Leave of absence was granted to Mr. Micajah Johnson for
a few days after this day.
Mr. A. J. Miller reported a bill to be entitled an act to
amend an act to incorporate the Grand Lodge of the Inde¬
pendent Order of Odd Fellows of the State of Georgia,
which was read the first time.
Mr. Purse reported a bill to be entitled an act to incorpo¬
rate " The Second Baptist Church of Savannah," county of
Chatham, and appoint Deacons and Trustees, which was
read the first time.
On motion, the Senate adjourned until ten o'clock to¬
morrow morning.
FRIDAY, November 23, 184$.
The Senate met pursuant to an adjournment.
On motion of Mr. Sanford the Senate reconsidered so
much of the journal of yesterday as relates to the printing
of fifty copies of the bill to limit the lien of judgments at
law, and. to protect the title of innocent purchasers in certain
cases.
On motion of Mr. Leonard the Senate reconsidered so
much of the journal of yesterday as relates to the rejection
of the bill to protect public worship.
On motion the bill was recommitted and referred to a
select committee consisting of Messrs. Leonard, Byrd, and
Joseph E. Brown.
The President announced as the joint standing committee
on the part of the Senate on the " Statistics of the State,"
Messrs. Leonard, Clayton, James R. Smith, Stell and
Cochran. .
Mr. Purse from the Select Committee to whom was re¬
ferred the bill to authorize persons who purchased lands in
96
JOURNAL OF THE
rhp twelfth and thirteenth districts of Ware county, under
the act of the twenty-third day of December, eighteen
hundred and thirty-three, to pay up for said lands and grant
the same, and to limit the time for taking out their grants,
and to fix the fees for the same, reported the same back to
the Senate without amendment.
Mr. Stell reported a bill to be entitled an act to extend the
corporate limits of the town of Fayetteville, which was read
the first time.
Mr. Gonder reported a bill to' be entitled an act for the re¬
lief of the citizens of Dooly county so far as relates to the
recording of papers, and to extend the time for recording
deeds in said county, which was read the first time.
Mr. Purse reported a bill to be entitled an act to incorpo-
eate the Savannah Institute of the Sisters of Mercy, which
was read the first time.
Mr. Ferrel reported a bill to be entitled an act to amend
and explain the several acts of this State regulating garnish¬
ments and to protect garnishees in certain cases, which was
read the first time.
Mr. Clark reported a bill to be entitled an act to amend
an act entitled an act " to incorporate the town of Albany
in Baker county," and for other purposes therein named,
assented to 10th December, 1841, which was read the first
time.
Mr. William Jones reported a bill to be entitled an act to
exempt Harman N. Sapp, of the county of Lownders, from
the provisions of the acts of the General Assembly concern¬
ing pedlars, and to authorize him to engage in that business
without license, which was read the first time.
Mr. Clark reported a bill to be entitled an act to regulate
the manner of presentments by the grand juries of this State
for the purpose of preventing malicious prosecutions, and to
ensure the effectual prosecution of such as are not, which
was read the first time.
The Senate took up' as the report of the Committee of the
Whole, the bill' to incorporate the Union Steamboat Com¬
pany, of Georgia and South Carolina, the report was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
Whole, the bill to incorporate the Fountain Spring Camp
Ground in the county of Talbot, and appoint trustees for
the same, the report was agreed to, the bill read the third
time and passed.
The Senate took up as the report of the Committee of the
Whole, the bill to prohibit the reporter of the Supreme
Court of this State from incorporating into said reports the
arguments and briefs of counsel further than a statement of
the points made, and a brief of the anthorities referred to by
SENATE.
97
said counsel, which on motion was referred to the Com¬
mittee on the Judiciar}-.
The bill to alter and amend the sixth section of the third
article ol the Constitution ol the State of Georgia, was taken
up, and on motion of Mr. Murphy was recommitted.
The Senate took up the same as the report of the Committee
of the Whole.
Mr. Murphy moved to amend by striking out the words
" in vacation," which was'agreed to.
Mr. Murphy moved to amend further by striking out the
words " the next meeting of said court," and iuserting in
lieu thereof "permanent letters are granted," which was
agreed to.
The report as amended was agreed to, the bill was read
the third time, and on the question " shall this bill now pass ?"
the yeas and nays were required to be recorded, and are—
yeas 32, nays 5.
Those who voted in the affirmative, are Messrs.
Augustus Beall, Eberhart, McRae,
Elias Beall, Ferrell, Andrew J. Miller,
Bird, Gonder, James A. Miller,
Blackshear, Hines, Mosely,
James R. Brown, Thomas Johnston, Murphy,
Joseph E. Brown, William Jones, Purse,
Bryan, John Jones, James R. Smith,
•Chisolm, Leonard, Spullock,
Clark, Long, Stell,
Clayton, Love, ' Woods. 1
Dunham, McBee,
Those who voted in the negative, are Messrs.
Bailey, Sanford, Turner.
Quarterman, John W. G. Smith,
So the bill was passed by a constitutional majority.
The Senate took up as the report of the Committee of the
Whole, the bill to authorize John Dillon, of the county of
Chatham, to erect a toll bridge over the Great Ogechee
river, on his own land, near Fort Argyle ; the report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
Whole, the bill to amend an act to give to Masons and Car¬
penters an incumbrance fpr debts due on account of work
done and 'materials furnished in building or repairing
houses and premises, to which they may be attached, passed
twenty-second December, eighteen hundred and Riirty-four,so
as to give to Painters, Tinners and Coppersmiths in the county
of Richmond and city of Savannah, the like security for debts
due on account of work done on houses in the county of
7
98
JOURNAL OF THE
Richmond and city of Savannah ; the report was agreed to,
the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
Whole, the bill to consolidate the offices of Receiver of
Tax Returns and Tax Collector, in the county of Cherokee,
and to make provision for paying Grand and Petit Jurors in
said county, which, on molion was referred to the Com¬
mittee on Finance.
On motion of Mr. Long, the rule was suspended, and
the bill from the House of Representatives, to appropriate
money for the purposes therein designated, was taken up,
read the second time, and referred to the Committee of the
Whole House.
The Senate took up as the report of the Committee of the
Whole, the. bill for the preservation and protection of the
rights of married women, and the distribution of their
estates.
On motion the bill was made the special order of the day
for Monday, the third day of December next.
The Senate took up as the report of the Committee of the
Whole, the bill to change the name of Kate Leon Rich, of
Glynn county, to that of Kate Leon Riley; the report was
agreed to, the bill read the third time and passed.
The Senate took up as the report of the Committee of the
Whole, the bill to extend the time for the completion of the
Ocmulgee and Flint Rail Road and Canal Company; the
report was agreed to, the bill was read the third time and
passed.
The Senate took up as the report ot the Committee of the
Whole, the bill to authorize the legal representatives of in¬
testates and testators of other States to sue in this State,
which, on motion was referred to the Committee on the
Judiciary.
The Senate took up as the report of the Committee cf the
whole, the bill to exempt Emory College and other Colleges
in this State from taxation, and to place them on the same
footing with the University of Georgia; the report was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate- the Coosa River Steamboat
Company; the report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize Johnson Garwood to construct a
dam across the Chattahoochee river, on his own land ; the
report was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize the clerks of the Superior, Infe
ferior and Ordinary Courts of Montgomery county, to keep
senate.
99
their offices within fifteen miles of the Court House in said
county; the report was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, the bill for the reliet of certain persons therein named;
the report was agreed to, the bill was read the third time
and passed.
On motion of Mr. Love, the rules were suspended to re¬
ceive the memorial of Howell Cobb, of Houston county, set¬
ting forth that he has ready for publication the criminal sta¬
tutes of the State, and praying the General Assembly to adopt
such legislative measures as in their judgment may seem right
and proper, in relation to said publication, which was taken
up, read, and referred to a committee consisting of Messrs
Love, Clayton and Cochran, of the Senate, to meet Com¬
mittee of the House.
The Senate took up as the leport of the Committee of the
whole, the bill to change the name of Malinda Jane Reaves,
a female infant of Troup county, to Malinda Jane Yarbrough,
and for other purposes therein mentioned; the report was
agreed to, the bill was read the third time and passed.
The following message was received from his excellenc\r
the Governor, by Mr. Smith, his Secretary:
EXECUTIVE DEPARTMENT, >
Milledgevjlle, 22nd Nov., 1.849. )
I have the honor to transmit to both branches of the
General Assembly the report of Judges Nisbet and Warner,
in relation to existing defects in the laws of Georgia, and
the remedies for the same, together with their opinion of the
" expediency and practicability of condensing and simplifying the
laws so as to place them within the knowledge of the citi¬
zens of the State generally," which report is made in com¬
pliance with a resolution of 1847.
GEO. W. TOWNS.
Which, on motion was referred to the Committee on the
Judiniary, and fifty copies of the report of Judges Warner
Nisbet ordered to be printed. .
The following bills were taken up, read the second time,
and referred to a committee of the whole:
The bill to be entitled an act to add a part of the county
of Emanual to the county of Washington.
A bill to be entitled an act Jo incorporate the Cherokee
College of Georgia, in the bounty of Floyd.
A bill to be entitled an act to change the time of holding
the Inferior Courts for the county of Troup.'
A bill to be entitled an act to define the rights of Com¬
plainants in Equity in certain cases.
100
JOURNAL OF THE
A bill to be entitled an act to amend an act entitled an
act to incorporate the Grand Lodge of the Independent
Order of Odd Fellows of the State ol Georgia.
A bill to be entitled an act to incorporate the Second
Baptist church of Savannah.
The following bills were read the second time and re¬
ferred to the Committee on the Judiciary.
The bill to be entitled an act in relation to divorces.
A bill to be entitled an act to regulate the testimony of
Attorneys at Law.
A bill to be entitled an act more effectually to provide for
the payment of recoveries in certain cases.
The following bill was read the second time and referred
to the Con mittee on Finance.
A bill to be entitled an an act to provide for disposing of
certain lands in the twelfth and thirteenth districts of the
county of Ware, which were sold under an act passed the
twenty-third day of December, eighteen hundred and thirty-
three, and which has not been paid for and granted by the
purchasers under said act.
Mr. Bailey from the Committee on the Judiciary made
the following report:
The Committee on the Judiciary, to whom was referred
die following hills, have had the same under consideration
and ask leave to report:
The bill to require the payment of interest on open ac¬
counts as on promisary notes, and other liquidated claims in
this State, to the favorable considrration of the Senate with
amendments.
Also the bill to amend the attachment laws without
amendment.
T The committee has likewise had under consideration the
bill to authorize the Treasurer to refund the purchase money
with interest to purchasers of fractions, and direct that the
same be reported unfavorably, because the bill contemplates
the appropriation of money for which object bills oi such
character can only, constitutionally, originate in the House
of Representatives.
Also the bill to authorize entering appeals from Justices
to the Superior Courts in the different counties in this State.
The bill cannot receive the approval of the committee, be¬
cause the laws regulating the proceedings in Justices Courts
afford ample remedy to correct the errors therein by petitions
to the Superior Courts of the State.
The committee also report unfavorably upon the- memo¬
rial of R. P. Burton, Robert Long and others, citizens of
Camden county, and the memorial of Ichabod Davis and
others, citizens of Macon county, asking that the appoint¬
ments of Courts be made on Tuesdays instead of Mondays,
,as the beginning of the Courts, for the purpose of relieving
senate.
101
parties and others interested, from travelling on the Sab¬
bath. The Committee recognize the laudable purpose of
the memorialists in cultivating morality as a means of pre¬
serving the purity and virtue of our political institutions;
and while the committee believe that the chastening influ¬
ence of the petitioners' efforts may effect much good in re¬
commending the beauty of that religion which regards the
Sabbath as the first day of the week; yet the committee
believe that a superior republican patriotism requires legis¬
lation to conform to an enlightened popular will; and as no
such expression has }mt been made by the people on the
subject matter contained in the memorial, the committee
catinst recommend legislation in the premises.
The Senate took up as the report of the Committee of the
whole, the bill to declare the lien of judgments upon equita¬
ble property, which, on motion was referred to the com¬
mittee on the judiciary.
The Senate took .up as the report of the Committee of the
whole, the bill to prescribe the manner of creating trusts in
personal property and separate estates in said property,
which, on motion was referred to the committee on the ju-
diciaiy.
The bill from the House of Representatives, to be entitled
an act to repeal all laws respecting fee importation of slaves
into this State,, was taken up, read the second time and re¬
ferred to a committee consisting of Messrs. Cochran, Bailey,
A. J. Miller, Joseph E. Brown and San ford.
Leave of absence was granted for a few days to-Messrs.
Love, San ford, Quarterman, Gonder, Hines and Edmond-
son.
On motion, the Senate adjourned until ten o'clock to-mor¬
row morning.
SATURDAY, November 24, 1849.
The Senate met pursuant to adjournment.
On motion of Mr. Turner, the Senate reconsidered so
much of the Journal of yesterday as relates to the passage
of the bill extending the time for the completion of " the
Ocraulgee and Flint Rail Road and Canal Company."
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk :
Mr. President—The House of Representatives have agreed
to refer the memorial of Howell Cobb of Houston county,
upon the subject of the publishing the Criminal Laws of
this State to a Joint Select Committee, and have appoint-
JOURNAL OP THE
102
* a, a committee on their part, Messrs. Pringle, Caldcr,
and Robinson of Macon, to which Lhey desire the concur¬
rence of the Senate.
Leave of absence was granted for a few days to Messrs.
A. J. and J« A. Miller.
The President laid upon the table the report of the Trus¬
tees of the Lunatie Asylum, made in conformity to a reso¬
lution of the last Legislature requiring them to examine
the land in the vicinity of the Asylum and report at this
time as to the necessity of purchasing said land, the, quan¬
tity proper to be purchased, and the price at which it may
be obtained, and to present their views as to the necessity
of having work-shops attached to the Institution, &c., which
on motion was referred to the Committee on the Lunatic
Asylum.
Mr. Purse reported a bill to be entitled an act to change
and to point out and regulate the manner in which the re¬
turn of the several banking institutions of this State shall
hereafter be made, which was read the first time.
Also, a bill to be entitled an act to enable the Savannah
and Ogechee Canal Company to extend the Savannah
and Ogechee Canal to the Altamaha River and for other
purposes therein named, which was read the first time.
Mr. J. R. Smith reported a bill to be entitled an actio
review, alter and amend an act for preventing controver¬
sies concerning the boundaries of land and for procession¬
ing the same, approved February second, seventeen hun¬
dred and ninety-eight, which was read the first time.
Mr. Joseph E. Brown reported a bill fo be entitled an act
to amend the several laws of this State in relation to writs of
certiorari, which was read the first time.
Mr. Long reported a bill to be entitled an act to incorporate
the town of Chatham in the county of Chatham, and to estab¬
lish a Ferry across Savannah and Back rivers, which was
read the first time.
Mr. John Jones offered the following resolution :
Resolved, That a select committee to be composed of
one from each Judicial Circuit, be appointed to take into
consideration the propriety of the re-organization of the Ju¬
dicial Circuits of this State, of equalizing the same, and
of the necessity of creating additional circuits and to report
by bill or otherwise, which was taken up, read and
agreed to.
The Senate took up as the report of the Committee of the
whole, the bill from the House of Representatives, to appro¬
priate money for the purpose therein designated. The re¬
port was agreed to, the bill was read the third time and
passed.
On motion, the rule was suspended, and the Secretary
SENATE.
103
directed to carry the same forthwith to the House of Re¬
presentatives.
Mr. Clark from the special committee to whom was re¬
ferred the bill to abolish costs in the Supreme Court of the
Stgite of Georgia and to provide a salary for the Clerk of said
Court, reported unfavorably to its passage. The Senate
then took up the bill as the report of the Committee of the
whole, when on motion of Mr. Joseph E. Brown, the same
was referred to a select committee consisting of Messrs. Jo¬
seph E. Brown, Love, Clark, Murphy and Ferrell.
Mr. Clark from the select committee to whom was re¬
ferred the bill to limit the lien of judgments at law and to
protect the title of innocent purchasers in certain cases, re¬
ported the same back to the Senate with amendments.
Mr. Long presented the petition of Francis M. Scarlett
and others, citizens of the counties of Glynn and Camden '
praying that the tax which may be due the State of Geor¬
gia from the county of Glynn for the year-eighteen hundred
and fiity, may be granted to them for the purpose of cut¬
ting a Canal by which the waters, of the Little Satilla and
Turtle Rivers may be united ; which on motion was refer¬
red to the Committee on Petitions.
The Senate took up as the report of the Committee of
the whole, the bill to add a part of the county of Emanuel
to the county of Washington, which on motion was referred
to a select committee consisting of Messrs. Chisolm, James
R. Smith and McBee.
. The Senate took up as the report of the Committee of
the whole, the bill to be entitled an act to authorize persons
who purchased land in the twelfth and thirteenth districts
of Ware county, under the act of the twenty-third day of
December, eighteen hundred and thirty-three, to pay up
for said lands and grant the same, and to limit the time for
taking out. their grants, :md to fix the tees for the same,
which on motion, was referred to the Committee on Fi¬
nance.
The Senate took up as the report of the Committee of
the whole, the bill to incorporate the Cherokee College of
Georgia in the county of Floyd. The report was agreed to,
the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to change the time of holding the Inferior
Courts for the county of Troup. The report was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of
the whole, the bill to define the rights of Complainants in
-Equity in certain cases. The report was agreed to, the bHI
was read the third time and passed.
The Senate took up as the report of the Committee of
the whole, the bill to incorporate the Second Baptist Church
104
JOURNAL OF THE
of Savannah, county of Chatham, and appoint Deacons and
Trustees. The report was agreed to, the bill was read the
third time and passed. _
The Senate took up as the report of the Committee of
the whole, the bill to authorize the Treasurer to. refund
the purchase mondy with interest to purchasers of frac¬
tions that had been previously drawn for and afterwards
sold by mistake and also the grant fee when paid. The
report on motion was laid upon the table for the present.
The Senate took up as the report of the Committee of the
whole, the bill'to amend the several Attachment Laws in
this State. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to require the payment of interest on open
accounts as on promissory notes and other liquidated claims
in this State. The report on motion, was laid on the ta¬
ble for the present.
The Senate took up as the report of the Committee of
the whole, the bill to authorize the entering of appeals from
the Justices of the Superior Courts in the different counties
in this State, and 'to regulate the proceedings thereon.—
The report was disagreed to, and the bill was lost.
The Senate took up as the report of the Committee of
the whole, the bill to limit the lien .of Judgments at Law
and to protect the title of innocent purchasers in certain ca¬
ses. Mr. Love move to amend by striking out the second
and third sections of the bill, which was agreed to. The
report as amended was agreed to; the bill was read the
third time and passed.
Mr. Steli from the Committee on Enrolment, reported
as duly enrolled and signed by the Speaker of the House of
Representatives and ready for the signature of the Presi¬
dent of the Senate, an act to appropriate money for the pur¬
pose therein designated.
The following bills were read the second time and refer¬
red to the Committee of the whole : •
A bill for the relief of William II. Graham and Hardin
Perkins of the county of Lumpkin, from their liability as
sureties on Tax Collector's bond for said county.
A bill to extend the corporate limits of the town of Fay-
etteville in this State.
A bill for the relief of the citizens of Dooly count v, so far
as relates to the recording of papers and to extend the time
for recording deeds in said county.
A bill to regulate the manner of presentments by the
Grand Juries of this State for the purpose of preventing
malicious prosecutions and to ensure the effectual prosecu¬
tion df such as are not.
senate.
105
A bill to exempt Harman N. Sapp of the county of
Lowndes, from the provisions ot the acts of the General
Assembly concerning Pediers and to authorize him to en¬
gage in that business without license.
The bill to amend an act to incorporate the town of Al¬
bany in Baker county and for other purposes therein named,
assented to tenth December, eighteen hundred and forty-one.
A bill to incorporate the Savannah Institute of the Sisters
of Mercv.
The following bill was read the second time and refer¬
red to the Committee on the Judiciary :
A bill to amend and explain the several acts of this State
regulating garnishments and to protect garnishees in certain
cases.
On motion, the Senate adjourned until ten o'clock Mon¬
day morning.
o
MONDAY, November 2G, 1S49.
The Senate met pursuant to adjournment.
On motion of Mr. Clark,the Senate reconsidered so much
of the Journal of Saturday as relates to tlte reference to
a select committee of the bill to abolish costs in the Su¬
preme Court of the State of Georgia, and to provide a salary
for the Clerk of said Court.
On motion of Mr. Murphv, the Senate reconsidered so
much of the Journal of Saturday as relates to the passage
of the bill to define the rights of complainants in equity in
certain cases.
On motion of Mr. Murphy, the Senate reconsidered so
much of the Journal of Saturday as relates to the passage
of the bill to limit the lien of judgments and to protect the
title of innocent purchasers in certain cases.
The President, under the resolution heretofore adopted
in relation to the reorganization of the Judicial Districts
and the formation of additional circuits, appointed the follow¬
ing Committee :
Messrs. Joseph E. Brown, Murphy, Gonder, A. J. Miller,
Long, Love, Clark, Leonard, John Jones, Bailey and San-
ford.
Mr. Napier reported a bill to be entitled an act to incorpo¬
rate the Macon Canal Company, and to punish those who
may injure their property, which was read the first time
and on motion of Mr. Stel'l, fifty copies ordered to be printed
for the use of the Senate. t
Mr. Purse reported a bill to be entitled an act to incorpo¬
rate the Savanrtah Gas Light Company, which was reaththe
106
journal OF the
first time and on motion of Mr. Stell, fifty copies ordered to
be printed for the use of the Senate.
Mr. John Jones reported a bill to, be entitled an act to
change the time for holding elections for members to repre¬
sent the'people of this State in the Congress of the United
States, which was read the first time.'
Mr. William Jones reported a bill to be entitled an act
to change the time of holding the Superior and Infeiior
Courts in the county of Lowndes, which was read the first
time.
. Mr. Dunham reported a bill to be entitled an act to re¬
lieve the Justices of the Inferior Court and Clerks thereof
from Jury duty, which was read the first time.
Mr. Chisolm, from the Select Committee, made the
following report: The Select Committee to whom was
referred die bill to add part of the county of. Emanuel to the
county of Washington, have had the same under considera¬
tion, and recommend it without amendment to the favorable
consideration of'the Senate.
The Senate took up as the report of the Committee of the
whole, the bill to extend the corporate limits of the town of
Fayetteville- The report was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to'add a part of the county of Emanuel to the
county of Washington. The report was agreed to, the bill
was read the third time and passed.
The Senate took up as a report of the Committee of the
whole, the bill to amend an act entitled an act to incorpo¬
rate the town of Albany, in the county of Baker, and
for other purposes therein named, assented to tenth De¬
cember, eighteen hundred and forty-one. The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill for the relief qf the citizens of Dooly county,
so far as relates to the recording of papers, and to extend
the time of recording deeds in said county. The report was
agreed to, the bill was read the third time and passed.
The Senate took up as a report of the Committee of the
whole, the bill to incorporate the Savannah Institute of the
Sisters ot Mercy The report on motion, was laid on the table,
for the present.
The Senate took up as the report of the Committee of the
whole, the bill to exempt Harman N. Sapp, of the county of
Lowndes, from the provisions of the acts of the General As¬
sembly concerning Peddlers, and to authorize him to engage
in that business without license; and 011 the first section
being read as follows:
Section 1. Be it, enacted by the Senate and House of Reyre*
scntutives oj the State of Georgia, in General A$s>mbly met., and
SENATE.
10;
it is hereby enacted by the authority of the same, That Harm nil
N. Sapp, of the county of Lowndes, shall, and he is hereby
authorized to pursue the business of a Pedler, without being
subject to the provisions of the several acts of the General
Assembly heretofore passed. Provided always that the
business which he is authorized to pursue, shall be for the
exclusive benefit of himself and family and that he shall
take an oath to that effect, which shall be filed in the office
of the Clerk of the Superior Court of said county.
Mr. Ferrell moved to amend by inserting after the words
" County of Lowndes," the following : " Jasper N. Pitman,
of the county of Heard and Henry P. I). Tread well, of the
county of Troup," which was agreed to.
Mr. Joseph E. Brown moved to amend further by adding
the name of "Robert H. Hart,"of the county of Cherokee,"
which was agreed to.
Mr. Ferrell moved to amend by adding the following sec¬
tion :
Be it further enacted, That the persons above named, au¬
thorized by this bill to peddle without license, shall be con¬
fined and restricted in such peddling, to the respective coun¬
ties in which they reside, which was agreed to. The cap¬
tion was amended to suit the bill, the report as amended
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to regulate the manner of presentments by
the Grand Juries of this State, for the purpose of preventing
malicious prosecutions and to ensure the effectual prosecu¬
tion of such as are not, which on motion, was referred to the
Committee on the Judiciary.
»/
The Senate look up as the report of the Committee of
whole, the bill for the relief of William H. Graham and
Hardin Perkins, of the county of Lumpkin, from their lia¬
bility as surities on Tax Collector's bond for said county.
The report on motion, was laid on the table for the present.
'The Senate took up as the report of the Committee of the
whole, the bill to authorize the Central Rail Road and
Banking Company, the Macon and Western Rail Road
Company, and the South Western Rail Road Company to
unite their respective Rail Roads in one common depot, ar
or near the city of Macon, and to grant to the said Compa¬
nies a quantity of land for the said purpose on the public
reserve, east of the city of Macon, with the right of way
through the said public reserve to the said depot, for their
respective tracks. On motion, the bill was made the spe¬
cial order of the day for Wednesday the twenty-eighth in¬
stant, and fifty copies were ordered to be printed for the
use. of the Senate.
The Senate took up as a report of the Committee of the
whole, the bill to regulate the vending of nostrums, secret
I OS
journal op the
preparations or medical compounds in this State,-and for
laving a tax-on the same ; and on the first section being read
as follows :
Be it enacted by the Senate and House of Representatives of
the State of Gcoagia in General Assembly ?net, and it is hereby
enacted by the authority of the same, That from and after the
passage of this act, no person or persons except regularly au¬
thorized Physicians and Druggists under the act.of eighteen
hundred and forty-seven and their agents, shall prepare, vend
or expose to sale any nostrum, secret, preparation or medi¬
cal compound, within the limits ot this State, unless in the
manner and under the regulations and restrictions herein.af¬
ter mentioned.
• Mr. Stell moved to amend by striking oat the words "the
pa ssage o-f this act>" and' inserting in lieu thereof the words
" the first day of January, eighteen hundred and fifty-one,
which was agreed to. The report as amended, was disa-'
greed to and the bill was lost.
The,bill to incorporate the town of Chatham, in the coun¬
ty of*Chatham and to establish a ferry across Savannah and
Pack or Broad Rivers,'was taken up, read the second time
and on motion of Mr. Long, was referred to a Select Corm
unit lee. consisting of Messrs'. Long, Purse and Grubbs.
The following hills were taken up, read the second time
and referred to the Committee of the whole :
A bill to he entitled au act to change and to point out and
regulate the -manner in which the returns of the" several
Banking Institutions of the State of Georgia shall hereafter
be made. -
A bill td be entitled an act to enable the Savannah and
Ogechee Canal Company to extend the Savannah and
Ogechee Canal to the Altamaha River, and for other pur¬
poses therein named.
A bill to revive, alter and amend an act- for preventing
eonlroversies concerning the boundaries of land and for pro¬
cessioning the same, approved February 2d, 179S.
A hill to amend the several Laws of this State in relation
to Writs of Certiorari.
On motion, the Senate adjourned unii to-morrow morning
ten o'clock.
TUESDAY, November 27th, 1849.
I he Senate met pursuant to adjournment.
^On motion of Mr. Stell, the Senate reconsidered so much
02 the journal of yesterday as' relates to the rejection of the
SENATE.
109
bill" to regulate the vending of nostrums, secret preparations,
or medical compounds in this State, and for laying a tax on
the sameand on motion of Mr. Dunham the bill was re¬
ferred to a select committee consisting of Messrs. Dunham,
J. R. Smith and Stell.
Mr. Stell reported a bill to be entitled' an act to provide
for the adm'ssion in evidence of exemplifications of the judi¬
cial proceedings had in other States, in the several Courts of
Law and Equity of this State ; which was read the first time.
Mr. J. A. Miller reported a bill to be entitled an act to
amend an act to incorporate the Relief Society of the
Georgia Annual Conference of the Methodist Episcopal
church, assented to December 22, 1S3S, by adding the
word South, which was read the first time.*
Also, a bill to be entitled an act to'amend an act to incor¬
porate the Georgia Conference of the Methodist Episcopal
church, and to vest therein the title to certain property with
the authority to dispose of the same, assented to December
11th, 1S41, by adding the word South, which was read the
first time.
Mr. Long reported a bill to be entitled an act to separate
and divorce Jourdan W. Rvals from his wife Lucinda Ryais,
which was read the first time..
Mr. Napier reported a bill to be entitled an act to alter
and amend the twelfth section of an act to alter and amend
the several acts incorporating the city of Macon, approved
December twenty-seventh, eighteen hundred and tortv-
seven, so far as relates to the election of Marshal for said
city, which was read the first time.
Mr. Joseph E. Brown reported a bill to be entitled an act
to change the times and places of holding the Supreme Court
of this State, which was read the first time.
Mr. J. W. G. Smith reported a bill to be entitled'an act
to establish an election precinct in the county of Marion,
which was read the first time.
Also, a bill to be entitled an act to incorporate the Tal-
botton Branch Rail Road Company, which was read ' the
first time. x
Mr. Clark reported a bill to be entitled an act to authorize
the Savannah and Albany Rail RoadComparly to make and
use a plank road and branches in connexion with their Rail
Road and branches, or in lieu thereof, which was read the
first time.
Mr. Clark offered the following resolution, which was
taken up, read and agreed to :
Resolved, by the Senate and House of Rejrresentatives of (he
State of Georgia, in General Assembly convened, That the
Governor be authorized to furnish the Mayor arid Aldermen
of the city of Savannah w:ith a set of the different digests
110
JOURNAL OF THE
and pamphlets of the laws of this State, and a set of the Re¬
ports of the Supreme Court of this State, either by gift or
sale, as he may see proper.
Mr. Turner offered the following resolution, which was
taken up, read and agreed to :
Resolved, by the Senate and House of Representatives of the
State of Georgia, in General Assembly convened, That his ex¬
cellency the Governor be authorized to deliver to John B.
Dorming, the Representative of Trwin county, the Executive
Warrant on the Treasury for- $96 26-100, it being the
amount apportioned to Irwin county from the Poor School
Fund for 1848, and that Mr. J. Dorming be authorized to
receipt for the same.
The following message was received from the House of
Representatives by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
passed the following bills, to wit:
A bill to be entitled an act to repeal an act entitled an act to
consolidate the offices of Tax Collector and Receiver of Tax
Returns in the counties of Rabun, Camden, Irwin, Floyd,
Scriven, Paulding, Wayne, Murray, Cherokee, Glynn, Tel¬
fair and Laurens ; so far as relates to the county of Murray,
assented to 25th December, 1837.
And a bill to repeal an act consolidating the offices of
Tax Collector and Receiver of Tax Returns of the counties
of Baldwin, Chattooga, Franklin, Gwinnett, Heard, Hancock,
Upson, Wilkes, Mcintosh, Thomas, Jefferson, Cobb, Dooly
and Marion, passed on the 9th December, 1849, so far as
respects the counties of Franklin and Heard.
And a bill to repeal'an act passed on the 24th day of De¬
cember, 1833, entitled an act to levy and collect taxes for
the political year 1S34, to which thgy desire the agreement
of the Senate,
The Senate took up as the report of the Committee of the
whole, the bill to incorporate the Savannah Institute of the
Sisters of Mercy, and on the second section being read as
follows :
And be it further enacted by the authority aforesaid, That the
said Institute, by the name and style aforesaid, shall be and
they are hereby made ahle and capable in law to hold, pur¬
chase, receive and enjoy lands and tenements, goods and
chattels, and effects of what name or nature soever.
Mr. Bailey moved to amend by adding the words " for the
purposes of the incorporation." The amendment was
agreed to, the report as amended was agreed to, the bill was
read the third time, and on the question "shall this bill now
pass ?" the yeas and nays were required to be recorded,
and are—-yeas 16, nays 14.
SENATE.
Ill
Those who voted in the affirmative, are Messrs.
Bailey, John Jones, Purse,
Augustus JBeall, Long, Rawls,
Chisolm, Mosely, Spullock,
Clark, Murphy, Stell,
Dunham, Napier, Woods,
William Jones,
Those who voted in the negative, are Messrs.
"Elias Beall,
Bird,
Blackshear,
Bryan,
Clayton,
The bill passed.
The Senate took up as the report of the Committee of the
whole, the bill for the relief of William H. Graham and
Hardin Perkins, of the county of Lumpkin, from their lia¬
bility as securities on Tax Collector's bond for said county.
Mr. Woods moved as a substitute to sakl bill the fol¬
lowing :
A bill to be entitled an act for the relief of William H.
Graham and Hardin Perkins, of the county of Lumpkin,
from their liability as securities on Tax Collector's bond.
Whereas, in pursuance of the laws of this State, in such
case provided the Comptroller General of this State has on
the 14th day of July, 1846, issued an execution' against the
said William H. Graham and Hardin Perkins, securities on the
Tax Collector's bond of John G. Bostwick, Tax Collector of
the county of Lumpkin, for the year eighteen hundred and
forty-six, for the sum of fifteen hundred and forty-one dollars
and twenty cents, principal, and on which sum nine hundred
and nineteen dollars and ninety-seven cents have been paid,
and the same credited on said execution; leaving as a
'balance unpaid of said principal, the sum of seven hundred
and sixty-six dollars and seventeen cents ; and whereas, the
sum of $230 00 for insolvent list, and the sum of $142 17
as amount of Receiver's fees, and $115 85 as Collector's
fees, making four hundred and eighty-eight dollars and two
cents, and which sum last named deducted from the said
$766 17, leaves a balance of $278 15, as due from said
Collector, of the principal of said fi. fa :
Be it therejore enacted by the Senate and House of Representa¬
tives of the State of Geoegia in General Assembly met, and it is
hereby enacted by the authority a/oresaid, That from and after
the passage of this act, that the said William H. Graham
and Hardin Perkins be, and they are hereby released and
Eberhart, McBee,
Gonder McRae,
Grubbs, Quarterman,
Thomas Johnston, Turner,
Leonard,
JOURNAL OF THE
discharged from the said fi fa when they or either of them
shall pay over to the Sheriff* of Lumpkin county or Comp¬
troller General, the sum of $278 15 ; and that they, the
said securities, shall have full control of said execution to re¬
imburse themselves for the amount paid thereon by them,
which said payment by the said securities shall be entered
on said ti fa by the Sheriff or Comptroller General, of the re¬
ceipt of the amount hereby authorized to be paid.
And be it further enacted^ That all laws and parts of laws
militating against this act be, and the same are hereby re¬
pealed.
' The substitute was adopted in lieu of the original bill;
the report as umended was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to change and to'point out and regulate the
manner in which the returns of the several Banking Institu¬
tions of this State shall hereafter be made. On motion, the
bill was referred to the Committee on Banks.
The Senate took up as the report of the Committee of the
whole, the bill to enable the Savannah and Ogeehee Canal
Company to extend the Savannah and Ogeehee Canal to
the Altamaha River, and for other purposes therein named.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill to revive, alter and amend an'act for pre¬
venting controversies concerning -the boundaries of land,
and for processioning the same, approved February second,
seventeen hundred and ninety-eight. On motion, the bill was
referred to the Committee on the Judiciary.
The Senate took up as the report of the Committee of the
whole, the bill to amend the several laws of this State in re¬
lation to Writs of Certiorari. On motion, the bill was re¬
ferred to the Committee on the Judiciary.
The following bills were taken up, read the second time
and referred to the Committee of the whole house :
A bill to be entitled an act to incorporate the Savannah
Gas Light Company.
A bill to be entitled an act to change the time for holding
elections for members to represent the people of this State
in the Congress of the United Slates."
A bill to be entitled an act to relieve the Justices of the
Inferior Court and Clerks thereof from Jury Duty.
A bill to be entitled an act to change the time of holding
the Superior and Inferior Courts in the county of Lowndes.
A bill to be entitled an act to incorporate the Macon Ca¬
nal Company and to punish those who may injure their pro¬
perty.
The following bills from the House of Representatives
senate.
113
were taken up and read the first time, to wit: A bill
to be entitled an act to repeal an act consolidating the
offices of Tax Collector and Receiver of Tax Returns
of the* counties of Baldwin. Chattooga, Franklin, Gwinnett,
Heard, Upson, Wilkes, Mcintosh, Thomas, Jefferson, Cobb,
Hancock, Dooly and Marion, passed on the ninth Decem¬
ber, eighteen huudred and thirty-nine, so far as respects the
county of Franklin.
A bill to be entitled an act to amend the second section of
an act passed on the twenty-fourth of December, eighteen
hundred and thirty-three, entitled an act to levy an extra
tax for the political year eighteen hundred and thirty-four.
Also a bill to be entitled an act to repeal an act entitled
an act to consolidate the offices of Tax Collector and Re¬
ceiver of Tax Returns in the counties of Rabun, Camden,
Irwin, Floyd, Scriven, Paulding, Wayne, Murray, Chero¬
kee, Glynn, Telfair and Laurens, so far as relates to the
. county of Murray, assented to twenty-fifth December, eigh¬
teen hundred and thirty-seven.
On motion of Mr. J. R. Smith, the Senate took up the re¬
port of the Select Committee, to whom was referred the
Memorial of Thomas R. R. Cobb, in relation to the publica¬
tion of a new digest of the laws of Georgia.
Pending the discussion thereon, on motion,
The Senate adjourned until ten o'clock to-morrow
morning.
WEDNESDAY, November 28th, 1849.
The Senate met pursuant to adjournment.
Mr. Woods from the special committee to whom was re¬
ferred the petition of F. Logan and others, citizens of Hab¬
ersham county, praying a change of the line between the
counties of Habersham and Lumpkin, reported a bill to be
entitled an act to add a portion of the county of Haber¬
sham to the county of Lumpkin and to designate the county
line between said counties, which was read the first time.
Mr. Murphy reported a bill to be entitled an act to au¬
thorize Daniel R. Turner of the, county of Cobb, and Jas.
L. Mayson of the county of DeKalb, to establish a Ferry on
the.Chattahoochee river, which was read the first time,
Mr. Byrd reported a bill to be entitled an act to change
the name of William Hadaway and for other purposes there¬
in named, which was read the first time.
Mr. Clayton reported a bill to be entitled an act to alter and
change the county line between the counties of Jackson and
Clark, so as to include the residence of Greensby W. Bar-
8
114
JOURNAL OF THE
ber and Robert F. White of the county of Jackson in the
county of Clark, also, to change the county line between
the counties of Madison and Clark, so as to include the resi¬
dence of George A. Jarrell of the county of Madison in the
county of Clark, which was read the first time.
Mr. John W. G. Smith reported a bill to be entitled an
act to alter the line between the counties of Marion and
Talbot, so as to add all that part of Marion county lying
north of the old Federal Road to the county of Talbot, which
was read the first time.
Mr. Dunham from the select committee to whom was re¬
ferred the bill to regulate the vending of nostrums, secret
preparatioris or medical compounds in this State, and for
laying a tax on the same, reported the same back to the
Senate with amendment, and on motion of Mr. Dunham,
fifty copies of the bill were ordered to be printed for the use
of the Senate.
Mr. Long from the select committee to whom was referred
the bill to incorporate the town of Chatham in the county of
Chatham, and to establish a ferry across Savannah and
Back rivers, reported the same back to the Senate with
amendments.
The Senate then proceeded to the unfinished business of
yesterday, which was the report of the select committee
to whom was referred the memorial of Thos. R. R. Cobb
in relation to the publication of a new Digest of the Laws'of
Georgia.
On motion of Mr. A. J. Miller,| the report was laid on the
table for the present.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have pass¬
ed a bill to be entitled an act to amend an act incorporating
the Atlanta and LaGrange Rail Road Company.
They have agreed to a resolution to refer the subject mat¬
ter of the election of Judges of the Superior Court to the peo¬
ple of Georgia, by requesting them at the next election of
Governor and members of the Legislature to endorse on their
tickets "By the Legislature" or "By the People." To
which they desire the concurrence of the Senate.
They have also agreed to a resolution instructing the Com¬
mittees on the State of the Republic appointed by the#ir re¬
spective bodies to act jointly upon questions and measures
referred from either branch of the General Assembly relating
to the action of the Federal Government or the Government
of any confederate State upon the subject of slavery, and also
referring all bills, resolutions, memorials or other papers
upon the subject aforesaid, introduced into either House or
senate.
115
received from any sister State to the said Joint Committee,
to which they also desire the concurrence'of the Senate.
On motion of Mr. Ferrell, the rules- were suspended and
the following bdi from the House of Representatives was
taken up and read the first time: 1
A bill to be entitled an act to amend an act incorporating
the Atlanta and LaGrange Rail Road Company.
Leave of absence was granted to Mr. Leonard for a few
days after Saturday. '
The Senate proceeded to the consideration of the special
order of the day and took up as the report of the Committee
of the whole, the bill to be entitled an act to authorize the
Central Rail Road and Banking Company of Georgia, the
Macon and Western Rail Road Company, and the South
Western Rail Road Company to unite their respective Rail
Roads in one common Depot, at or near the City of Macon,
and to grant to the said Companies a quantity of Land for
said purpose/ on the Public Reserve, east of the City of
Macon, with the right of way through the said Public Re¬
serve, to the said Depot, for their respective tracks. *
On motion, the bill was taken up by sections.
And on reading the caption Mr. J. R. Smith moved to
amend by inserting after the word "grant" the words "for
an equitable equivalent," which was agreed to. And on
the first section being read as follows :
Section 1st. Be it therefore enacted by the Senate and House
of Representatives of the State of Georgia in General Assembly
met, and it is hereby enacted by the authority of the same, That
from and after the passage of this act it shall be lawful for
the Central Rail Road and Banking Company of Georgia,
the Macon and Western..Rail Road Company and the South
Western Rail Road Company, to unite their respective
Rail Roads in one common Depot at or near the City of Ma¬
con, so that the cars of the respective Roads may pass from
one Road to another uninterruptedly.
Mr. J. A. Miller moved to amend by adding after the
word "uninterruptedly" the following: "Provided that the
said Companies fully indemnify the incorporation of the
City of Macon for all damages that may occur to the interest
of said city by said connexion, and provided further that
the said Roads severally shall be bound to charge the same
pro rata of freight on every part of their several Roads that
is charged from Atlanta and other extreme points to Sa¬
vannah.
Mr. Murphy moved to amend the amendment by insert¬
ing after the words "said city" the words "according to
the terms of its charter."
On motion of Mr. A. J. Miller, the amendments were laid
upon the table for the present.
Mr. Napier moved to amend b}r inserting after the words
116
journal of the
"at or near the city of Macon," the following: "And that
the Georgia Rail Road Company and the Charleston and
Hamburg Company be authorized to connect at or near
Augusta.
Pending the discussion thereon, the Senate on motion,
adjourned until 3 o'clock, P. M.
Three o'clock, P. M.
The Senate convened and proceeded to the unfinished
business of the morning, which was the consideration of
the amandment offered by Mr. Napier.
Mr. Joseph E. Brown moved to lay the amendment upon
the table for the present, on which motion the yeas and
nays were required to be recorded, and are yeas 23, nays o.
Those who voted in the affirmative, are Messrs.
Elias Beaffi Ferrell, Mosely,
Byrd, ( Gonder, Purse,
Blackshear, Leonard, Sanford,
James E. Brown, Long, Spullock,
Joseph E. Brown, McBee, Stell,
Chisolm, McRae, Turner,
Clayton, Andrew J. Miller, Woods.
Eberhart, James A. Miller,
Those who voted in the negative, are Messrs.
Bailey, Clark, Napier.
Bryan, Cochran,
So the motion prevailed.
Mr. Napier moved to amend by adding after the word
"uninterruptedly" the following: "Subject to the condi¬
tions, limitations and restrictions hereinafter pointed out,"
which was agreed to.
Mr. Bailey moved to amend the report by inserting as the
second section of the bill the following, to-wit:
And be it further enacted, That the Depot intended to be
in common as the property of the aforesaid Companies,
shall not be occupied, defined or appropriated by the said
Companies, until the Macon and Western Rail Road Com¬
pany shall extend its terminus to the point to be designated
as the common Depot.
Mr. Purse moved to lay the amendment on the table for
the present. On which motion the yeas and nays were re¬
quired to be recorded, and are yeas 20, nays 16.
senate.
117
Those who voted in the affirmative are Messrs.
Byrd,
James E. Brown,
Joseph E. Brown,
Chisolm,
Eberhart,
F errell,
Gonder,
John Jones,
Long,
McBee,
McRae,
Murphy,
Purse,
Rawls,
John W. G. Smith,
James R. Smith,
Spullock,
Stell,
Turner,
Woods.
Those who voted in the negative, are Messrs.
Bailey,
Elias Beall,
Blackshear,
Bryan,
Clark,
Clayton,
So the motion prevailed.
On motion, the Senate adjourned until Friday morning
ten o'clock.
Cochran,
Dunham,
Grubbs,
Thomas Jolmson,
Leonard,
Andrew J. Miller,
James A. Miller,
Mosely,
Napier,
Sanford.
FRIDAY, November 30, 1849.
The Senate met pursuant to adjournment.
On motion of Mr. Napier, the -Senate reconsidered so
much of the journal of Wednesday as relates to the laying
uptm the table for the present, the amendment offered by Mr.
Bailey to the bill to authorize the Central Rail Road and
Banking Company of Georgia, the Macon and Western
Rail Road Company, the South Western Rail Road Com¬
pany, to unite their respective Rail Roads at or near the city
of Macon in one common Depot.
Mr. Chisolm reported a bill to be entitled an act for the relief
of Thomas Powell, of the county of Cass, which was read
the first time. . ^
Mr. J. R. Smith reported a bill to be entitled an act to add
a part of the county of Washington to the pounty of Jefferson,
which was read the first time.
Mr. A. J. Miller reported a bill to be entitled an act to ap¬
point certain Commissioners for Savannah river, which was
read the1 first time. .
Mr. Byrd reported a bill to be entitled an act to authorize
Minor W. Brown, of Forsyth county, Georgia, to erect a
mill dam on his own lands across the Chattahoochee river,
which was read the first time.
Mr. Ferrel reported a bill to be entitled an act to change
118
JOURNAL OF THE
the name of the election precinct in the 800th District, G.
M« of Troup county, from Halifield's store to Antioch, which
was read the first time.'
Mr- Woods reported a bill to be entitled an act to elect
the Principal Keeper of the Penitentiary, and the Chief En¬
gineer of the Western aud Atlantic Rail Road, by the Legis¬
lature of the State of Georgia, and to fix the salaries of the
. same, which was read the first time.
Mr. Augustus Beall reported a bill to be entitled an act
to change the name of William Capers Day, of Greene
county, to that of William Capers Rhodes and to legitimate
the same, which was read the first time.
- The Senate then proceeded to the consideration of the un¬
finished business of Wednesday, to wit:
A bill to be entitled an act to authorize the Central Rail
Road and Banking Company of Georgia, the Macon and
Western Rail Road Company, and the South Western Rail
Road Company, to unite their respective Rail Roads in one
common depot, at or near the city of Macon, and to grant to
the said Companies a quantity of land for the said purpose,
on the Public Reserve east of the city of Macon, with the
right of way through the Public Reserve to the said depot,
for their respective tracks-
Mr. Bailey moved to amend his amendment by striking
out the word " defined," which was agreed to. The ques¬
tion then recurred on receiving the amendment as amended,
as the second section of the bill, which was lost. On mo¬
tion of Mr. Napier, the bill was referred to a special com¬
mittee consisting of Messrs. Napier, Purse, Bailey, Chisolm
and Byrd.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate the town of Chatham, ip the
county of Chatham, and to establish a ferry across Savannah
and Back rivers; on the eighth section of the bill being read
as follows.
Be it further enacted by the authority aforesaid, That all
laws or parts of laws giving the corporate authority of the
city of Savannah jurisdiction over the portion of Hutchinson
Island incorporated in this act, be and the same is hereby
repealed.
Mr. Long moved to amend by striking out said section
and inserting the following in lieu thereof, to wit:
Section 8tb. Be it further enacted, That nothing herein
contained shall militate against the dry culture contract
made by the owners of said Hutchinsons* Island and the city
of Savannah, or militate against the charter of the city of Sa¬
vannah, which was agreed to.
Mr. Purse moved as a substitute to said bill the following :
SENATE.
119
A bill to be entitled an act to establish a ferry across
Savannah and Back rivers in the county of Chatham.
Section 1st. 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 authority of the same, That Thomas
Green, George W. Shaffer, Hiram Roberts and Benjamin
Green, be and they are hereby appointe,d Commissioners to
construct and run a ferry across the Savannah river and
Back or Broad rivers, at such point within the corporate
limits of Savannah, and on the lands of Thomas Green or
Hiram Roberts as they may deem proper; and to aid in con¬
structing and keeping such ferry in operation, the. Com¬
missioners are hereby authorized to sell out in shares of one
hundred dollars, one hundred shares upon such conditions
as may appear to the Commissioners will best promote the
interest of said corporation.
Section 2d. Be it enacted by the authority aforesaid, That
the Commissioners be and they are hereby authorized to
levy and collect a reasonable ferriage from all persons cross¬
ing said ferry, to affix the rate thereof and to alter and
change said rate at pleasure.
The substitute was received in lieu of the original bill, and
on motion of Mr. Long, the same was laid upon the table for
the present.
On motion ther rule was suspended and Mr. J. R. Smith
reported a bill to be entitled an act to incorporate the Grand
Division of the Sons of Temperance, of the State of Georgia,
which was read thefirst time.
On motion of Mr. Ferrell the rule was further suspended
and the bill from the House of Representatives to be entitled
an act to ipcorporate the Atlanta and Lagrange Rail Road
Company, was taken up and read the second time.
Mr. Purse moved to refer the bill to the Committee on
•Internal Improvements, and to have fifty copies printed for
the use of the Senate, on which motion the yeas and nays
were required to be recorded, and are—yeas IS, nays 18.
Those who voted in the affirmative, are Messrs.
Joseph E. Brown, Leonard, Spullock,
Dunham, McBee, Stell,
Micajab Johnston, Purse, Turner,
William Jones, James R. Smith, Woods.
John Jones,
Those who voted in the negative, are Messrs.
Anderson, Clayton, McRae,
Augustus Beall, Eberhart, Andrew J. Miller,
Elias Beall, Ferrell, James A. Miller,
Byrd, Gonder, Murphy,
Blackshear, Grubbs, Rawls,
James E. Brown, Thomas Johnson, Sanford.
120
JOURNAL OF THE
So the motion was lost and the bill was then referred to the
Committee of the whole house.
The order was resumed and the Senate took up as the
report of the Committee of the whole, a bill to be entitled
an act to regulate the vending of nostrums, secret prepara¬
tions, or medical compounds in this State, and for laying a
tax on the same.
Mr. Dunham moved to amend the report by inserting as
the tenth section of the bill the following, to wit:
Be it further enacted, That it shall be the duty of the
Judges of the Superior Courts of this State, at the first term
of the Superior Court of each year, to give this act in charge
to the Grand Jury, which was agreed to.
The report as amended was agreed to, the bill was read the
third time, and on the question " shall this bill now pass ?"
the yeas and nays were required to be recorded, and are—
yeas 14, nays 21.
Those who voted in the affirmative, are Messrs.
Anderson, ' Ferrell, Purse,
Bailey, Grubbs, James R. Smith,
Elias Beall, Andrew J. Miller, Spullock,
Cochran, James A. Miller, Stell,
Dunham, Napier,
Those who voted in the negative, are Messrs.
Augustus Beall, Clark, McBee,
Byrd, Clayton, McRae,
Blackshear, Eberhart, Mosely,
James E. Brown, Micajah Johnston, Murphy,
Joseph E. Brown, Thomas Johnston, Sanford,
Bryan, Leonard, Turner,
Chisolm, Long, Woods,
So the bill was lost.
On motion of Mr. Murphy the rule was suspended and
the resolution from the House of Representatives, authorizing
his excellency the Governor to have the public documents
belonging to the State, collected and arranged on proper
shelves for the convenience of the public, was taken up,
read and agreed to.
On motion of Mr. Murphy the rule was further suspended,
and the resolution from the House of Representatives pro¬
viding for the reference to the Joint Standing Committee
on the state of the Republic, of the two Houses, of all reso¬
lutions, memorials and other papers on the subject of Sla¬
very, was taken up, read and agreed to.
On motion the Senate adjourned until ten o'clock to-mor¬
row morning.
senate.
121
SATURDAY, December 1, 1849.
The Senate met pursuant to adjournment.
Mr. Woods moved to reconsider so much of the Journal
of yesterday as relates to the action of the Senate on the
bill to incorporate the town of Chatham in the county of
Chatham, and to establish a Ferry across Savannah and
Back Rivers.
Whereupon the yeas and nays were required to be re
corded, and are yeas 20, nays 15.
Those who voted in the affirmative, are Messrs.
Byrd, Eberhart, Long,
Blackshear, Ferrell, Love,
James E. Brown, Grubbs, McRae,
Joseph E. Brown, Micajah Johnston, Rawls,
Bryan, William Jones, Turner,
Chisolm, John Jones, Woods.
Clayton, Leonard,
Those who voted in the negative, are Messrs.
Bailey, Thomas Johnston, Napier,
Elias Beall, McBee, Purse,
Cochran, Andrew J., Miller, Sanford,
Dunham, James A. Miller, James R. Smith,
Gonder, Mosely, Stell.
So the motion to reconsider prevailed.
Mr. Leonard moved to reconsider so much of the Joprnal
of yesterday as relates to the rejection of the motion refer
to the Committee xon Internal Improvements, and print for
the use of the Senate, fifty copies of a bill to incorporate the
LaGrange and Atlanta Rail Road Company, which motion
was lost.
The following message was received from the House of
Representatives', by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
agreed to a resolution authorizing and empowering the Chief
Engineer of the Western and Atlantic Rail Road to receive
from his Excellency the Governor, the books, vouchers and
all other papers and effects belonging to, connected with,
or in anywise appertaining to said Rail Road, which was
deposited in the Executive Department, under, a joint reso¬
lution of the Goneral Assembly, approved December 28th,
1842.
Also, to a preamble and resolution authorizing the Chief
Engineer of the Western and Atlantic Rail Road to purchase
122
JOURNAL. OF THE
a negro man by the name of Ransom, for the use of said
Road, provided it can be-done upon reasonable terms.
Also, to a preamble and resolutions on the subject of the
death of General Duncan L. Clinch ; to all. which they de¬
sire the concurrence of the .Senate.
Mr. A. J. Miller from the Committee on the Judiciary
made the following report, to-wit:
The Committee on the Judiciary report that they have
had under consideration the bill to prohibit the Reporter of
the decisions of the Supreme Court from incorporating into
said reports the arguments and briefs of counsel further than
a statement of the points made^and a brief of the authorities
referred to by said counsel, and recommend its passage
with the amendments herewith reported.
Mr. Joseph E. Brown reported a bill to be entitled an act
to repeal the third section of an act approved 29th Decem¬
ber, 1847, entitled an act to authorize the Central Rail
Road and Banking Company and the Macon and Western
Rail Road Company, or either olf them, to form a junction of
the Central Rail Road and Macon and Western Rail Road
in or near the limits of the City of Macon, which was read
the first time.
Mr. Turner reported a bill to be entitled an act to repeal
an act passed on the twenty-fifth of December, eighteen
hlindrecLand thirty-seven, consolidating the offices of the
Receiver of Tax Returns and Tax Collector in the counties
of Rabun, Camden, Irwin, Floyd, Scriveu, Paulding, Wayne,
Murray, Cherokee, Glynn, Telfair and Laurens, which was
read the first time.
Also, a bill to be entitled an act to separate and divorce
James. C. Ball and his wife, Elizabeth J. Ball, which was
read the first time.
Mr. Byr4 reported a bill to be entitled an act to change
the election precincts therein named in the county of Hall,
which was read the first time.
Mr. Cochran reported a bill to be entitled an act to repeal
an act passed on the 22d day of December, 1843, authoriz¬
ing the Governor of the State of Georgia to sell the Wes¬
tern and Atlantic Rail Road for a sum not less than one
million of dollars, which was read the first time.
Mr. Cochran offered the following resolution:
Whereas, the Legislature of the State of Georgia did
on the 10th day of December, 1838, pass a resolution pro¬
hibiting any and all Engineers employed on the Western
and Atlantic Rail Road from purchasing land within three
miles of the line of said Rail Road :
Resolved by the Senate and House of Representatives in Gen-
tral Assembly met> That the said resolution be, and the same
is hereby rescinded, and that all or any Engineer employed
on said Rail Road be and they are hereby authorized or per-
SENATE.
123
mitted to purchase lands as any other citizen of this State,
which was taken up, read and agreed to.
On motion of Mr. Stell, the following resolution from the
House of Representatives was taken up, read and con¬
curred in:
Resolved by thcSenate and House of Representslives of the
State of Georgia in General Assembly convened, That the Chief
Engineer of the Western and Atlantic Rail Road be au¬
thorized and empowered to receive from his excellency the
Governor, the books, vouchers and all other papers and ef¬
fects belonging to, connected with, or anywise appertaining
to said Rail Road, which were deposited in the Executive
Department under a joint resolution of the General Assem¬
bly, approved December 28, 1842.
On motion of Mr. Stell, the following preamble and reso¬
lution from the House of Representatives was taken up,
read and concurred in:
Whereas, Ransom a negro man, hired on the Western
and Atlantic Rail Road, did in the year 184-5, by his own
most strenuous, efforts and unaided for much of the time,
save the Chattahoochee Bridge from conflagration, when on
fire, and thus preserved a property which cost the State
twenty-five thousand dollars : and whereas such instances
of fidelity and valuable service should be properly noticed
and rewarded: and whereas, the purchase of said negro
man for the use of said Road would afford him a permanent
home and is greatly desired by him, and would be a proper
reward :
Be it therefore resolved by the Senate and House of Represen¬
tatives of the State of Georgia in General Assembly met, That
the Chief Engineer of the Western and Atlantic Rail Road
be authorized to purchase the negro man Ransom for the
use of said Road—-Provided it can be done upon reasona¬
ble terms.
And on motion of Mr. Stell, the following preamble and
resolutions from the House of Representatives were taken
up, read and concurred in:
We have heard with pain and regret of the death of Gen¬
eral Duncan L. Clinch, distinguished for many years as an
officer of the army, he rendered valuable services on ev¬
ery field of duty to which he was assigned—Honor, gal¬
lantry and a faithful discharge of every trust, were his
shining virtues—virtues which ga far to redeem the infir¬
mities' incident to human nature and gild his character
with an imperishable halo. When such a man dies, the
country mourns. In honor of his memory, be it therefore
Resolved by the General Assembly, That while in life Gen¬
eral Clinch commanded our esteem, in death we mingle
12 4
JOURNAL OF THE
our sympathies with his family, friends and fellow-citizens.
Be it further
Resolved, That his excellency the Governor be request¬
ed to furnish his family with a copy of this preamble and
resolution.
The Senate took up as the report of the Committee of
the whole, the bill to incorporate the Grand Lodge of the
Independent Order of Odd Fellows for the State of Geor¬
gia. The report was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate the Savannah Gas Light Com¬
pany.
Mr. A. J. Miller moved to amend by adding the following
as an additional section:
And be it further enacted, That William M. D'Antignac,
Thomas Barrett, Hubbell W. Risley, Daniel B. Plumb, D.
A. Moise, Thomas S. Metcalf, James Harper and Edward
Thomas and their associates and successors, be and they
are hereby constituted and made a body politic and corpo¬
rate, under the-name and style of the "Augusta Gas Light
Company,1' with all the powers, privileges and subject to
all the liabilities and restrictions herein before stated in
relation to the Savannah Gas Light Company, which was
agreed to. The report as amended was agreed to, the cap¬
tion was changed to suit the bill, and the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to change the time of holding the Superior
and Inferior Courts in the county of Lowndes.
Air. A. J. Miller moved to amend by adding the following
as an additional section : v
And be it further enacted, That the Superior Court of the
county of Columbia, shall hereafter be held on the third
Monday in March and September of each year, and that
the Inferior Court of said county shall hereafter be held on
the first Monday in February and July of each year. The
amendment was agreed to and the caption changed to suit
the bill, when on motion, the bill and amendment were laid
upon the table for the present.
The Senate took up as the report of the Committee of the
whole, the bill to relieve J ustices of the Inferior Court and
Clerks thereof, from Jury duty. The report was agreed to,
the bill was read the third time and lost.
The Senate took up as the report of the Committee of the
whole, the bill to change the time for holding elections for
members to represent the people of this State in the Con¬
gress of the United States.
< )n motion, the report was referred to a select committee,
consistingof Messrs. John Jones, A. J. Miller and Mosely.
SENATE.
125
The Senate took up as the report of the Committee of the
whole, the bill to change,the time of holding the Supreme
Court at the places therein named ; and on the first section
being read as follows :
Be it enacted by the Senate and House of Representatives of
the State of Georgia in General Assembly met, and it is hereby
enacted by the authority of the same., That the Supreme Court
shall hereafter in each year be held at Macon on the first
Monday in March, at Hawkinsville on the third Monday in
May; at Americus on the fourth Monday in May, and at
Decatur on the first Monday in September instead of the
times now specified by law for the holding of said Court at
said places respectively.
Mr. Murphy moved to amend by striking out all after
the enacting clause and inserting in lieu thereof, the follow¬
ing, to-wit: That the sessions of the Supreme Court for the
first Judicial District composed of the Eastern and Southern
Circuits shall hereafter be held at Savannah at the times
now fixed by law instead of alternating between Savannah
and HawkinsviHe ; and that the sessions of the said Court
for the second Judicial District composed of the South¬
western and Chattahoochee Circuits be hereafter held at
the city of Columbus at the times now fixed by law, in¬
stead of alternating between Talbotton and Americus,
which was agreed to.
Mr. Sanford moved to amend further by adding the follow¬
ing' additional section, to-wit:
And be it further enacted, That the Spring term of the Su¬
preme Court for the fifth District shall be held in the - town
of Greenesboro' on the first Monday in May, and that the
Fall term of said Supreme Court shall be held in Milledge-
ville on the first Monday in November in each year, which
was agreed to.
On motion of Mr. A. J. Miller, the caption was changed
to suit the till.
Mr. Bailey moved to refer the bill and amendments to a
select committee, which was lost. The report as amended,
was agreed to, the" bill was read the third time and
passed.
Mr. Stell from the Committee on Enrolment reported as
duly enrolled and signed by the Speaker of the House of
Representatives and ready for the signature of the President
of the Senate, the resolution relative to books, pamphlets
and other public documents.
Also, a resolution relative to the Joint Standing Com¬
mittees of the two Houses on the State of the Republic.
The rule was suspended and Mr. Love moved to have
fifty copies of the document in relation to the List of Frac¬
tions sold under the act of 1847, accompanying the Gover¬
nor's biennial message, printed for the use of the Senate; on
126
JOURNAL OF THE
which motion the yeas and nays were required to be record¬
ed, and are yeas 23, nays 13.
Those who voted in the affirmative, are Messrs.
Bailey,
Augustus Beall,
Llias Beall,
Blackshear,
Chisolm,
Clayton,
Cochran,
Dunham,
Feriell,
Micajah Johnston,
William Jones,
John Jones,
Long,
Love,
McRae,
Andrew J. Miller,
James A. Miller,
Mosely,
Purse,
Sanford,
James R. Smith,
Spullock,
Turner.
Those who voted in the negative, are Messrs.
Byrd, Grubbs, Napier,
James E. Brown, Thomas Johnston, Rawls,
Joseph E. Brown, McBee, Stell,
Biyan, Murphy, Woods.
Eberhart,
So the motion prevailed.
On motion, the rule was further suspended and Mr. J. R.
Smith reported a bill to be entitled an act to alter and amend
the first and repeal the fourth section of an act entitled an
act to grant certain privileges and immunities to the Jeffer¬
son Riflemen, a volunteeer infantry corps in'the county of
Jefferson, which was read the first time. On motion, •
The Senate adjourned until ten o'clock Monday morning.
MONDAY, DEC. 3, 1849.
The Senate met pursuant to adjournment.
On motion of Mr. J. R. Smith, the Senate reconsidered
so much of the Journal of Saturday as relates to the rejec¬
tion of the bill to relieve the Justices of the Inferior Court
and Clerks thereof from Jury duty.
On motion of Mr. Love, the Senate reconsidered so much
of the Journal of Saturday as relates to the passage of the
bill to change the time of holding the Supreme Court at the
olaces therein named.
On motion of Mr. A. J. Miller, the reconsidered bill, to¬
gether with the bill to be entitled an act to change the times
and places of holding the Supreme Court of this State, were
referred to a Select Committee, consisting Messrs. A. J.
Miller, Joseph E. Brown, Love, Rawls and Elias Beall.
Mr. Murphy moved to reconsider so much of the Journal
of Saturday as relates to the printing of fifty copies of the
SENATE.
127
document in relation to the List of Fractions sold under the
act of 1847, accompanying the Governor's Biennial Mes¬
sage, which motion was lost.
Mr. Love reported a bill to be entitled an act 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. Sanford reported a bill to be entitled an act to alter
and change the Commissioners named in the fifth section of
an act entitled an act to prevent obstructions in the Oconee
River, from the Greene and Hancock county lines on its
Eastern bank to its confluence with the Ocmulgee River
calculated to impede the free passage of fish; to appoint
Commissioners and to punish those who may attempt to de¬
feat the same, approved December 26th, 1835, which was
read the first time. .
Also, a bill to be entitled an act to authorize and empower
the Trustees of the Male Academy of the town of Greenesboro*
to Sell and dispose of a portion of the land belonging to said
Academy, and to appropriate the money arising frbm the
sale of the same, which was read the first time.
Also, a bill to be entitled an act to alter and change the
name of Mary Virginia Faver to that of Mary Virginia
Cox, and to legitimatize the same, which was read the first
time.
Also, a bill to be entitled ati act to alter the time o£ hold¬
ing the election for Commissioners of the town of Greenesbo-
rough, and to alter and change the manner of electing the
Marshal of said town, which was read the first time.
The following message was received from the House of
Representatives by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have pass¬
ed a bill to be entitled an act to authorize the settlement of
prosecutions in certain cases, and to regulate more particu¬
larly the duties of the Attorney and Solicitors General, and
to fix their liabilities, to which they desire the agreement of
the Senate.
The Senate went into Committee of the whole, Mr. Stell
in the Chair, upon the bill to be entitled an act for the pre¬
servation and protection of the rights of married women and
the distribution of their estates, and after some time spent
therein, the Committee rose, reported progress and asked
leave to sit again.
On motion of Mr. Stell, the Senate took up and agreed to
the report.
On motion, the Senate adjourned until three o'clock,
P. M.
128
journal of the
Three o'clock, P. M.
The Senate met pursuant to adjournment.
On motion of Mr. Joseph E. Brown, the rule was sus¬
pended, and a bill to be entitled an act to repeal the third
section of an act approved 29th December, 1847, entitled
an act to authorize the Central Rail Road and Banking
Company, and the Macon and Western Rail Road Com¬
pany*, or either of them, to form a junction of the Central
Rail Road and Macon and Western Rail Road, in or near
the limits of the city of Macon, was taken up, read the
second time and referred to the Committee of the whole. .
The Senate went into Committee of the whole, Mr. Stell
in the chair, upon the bill for the preservation and protection
of the rights of married women and the distribution of their
estates, and after some.time spent therein, on motion of Mr.
A. J. Miller, the Committee rose and reported the bill with
amendments.
On motion of Mr. A. J. Miller, the report was taken up by
sections ; and on the third section being read as folllows :
And be it further enacted, That before the husband shall
be entitled to receive, control or manage his wife's property
in this act specified, or the income thereof, he shall make out
an inventory describing such property, real, personal or
chosks in action, and sign the same in presence of two wit¬
nesses, one of whom shall be a Judicial officer, and cause
the same to be recorded in the Clerk's office of the Superior
Court of the county in which the husband may reside, and
in cases of real estate, in the county where the same
may be.
Mr. Stell moved to amend by striking out the words " Sut
perior Court," and inserting in lieu thereof, the words
"Court of Ordinary, which was lost; and on the fourth
section being read as follows:
And be it further enacted, That whenever the interests of the
wife requires a sale or exchange of said property, either
real or personal, the same may be had upon application by
the husband and wife, to the Justices of the Inferior Court
or a majority of them, in term time or vacation, which Jus¬
tices or a majority of them shall be authorized upon its be¬
ing clearly shown to them that it is for the benefit and in¬
terest of the wife that said sale or exchange should be had,
to order the sale or exchange thereof, upon such terms and
conditions as they shall deem best—provided that in all
cases the proceeds of the sale or exchange shall be and re¬
main the sole and separate property of the wife, as provided
in the first section of this act.
Mr. Stell moved to amend by striking out the words " In-
SENATE.
129
ferior Court," and inserting in lieu thereof, the words
" Court of Ordinary," which was agreed to.
Mr. A. J. Miller moved to amend further, by adding the
following to the section :—" And the order of such Court or
Justices shall be entered on the minutes of said Court,"
which was agreed to ; and on the sixth section being read
as follows, to wit:
Be it further enacted, That when a divorce, either partial
or complete shall be granted to the husband, in consequence
of immoral conduct on the part of the wife, that then and
in that event, one half the property of the wife secured to
her under the provisions of this act, which shall be in his or
her possession at the time of divorce, shall become the pro¬
perty of and vest in the husband.
Mr. Stell moved to strike out the said section, which was
lost.
Mr. Anderson offered as a substitute to the bill, the fol¬
lowing, to wit:
A bill to be entitled an act for the preservation and pro¬
tection of the rights of married women :
Be it enacted by the Senate and House of Representatives of
the State of Georgia in General Assembly met, and it is hereby
enacted by authority of the same, That from and after the pas¬
sage of this act, any property, real or personal, or choses in
action, which any feme sole may own or to be entitled to,
shall not on her marriage be subject to any debts contracted
by the husband, either by himself or upon any bond or obli¬
gation which he may have signed prior to said marriage, any
law to the contrary notwithstanding.
Pending the discussion upon the reception of the substitute,
The Senate adjourned until ten o'clock to-morrow morn¬
ing.
TUESDAY, DEC. 4, 1849.
The Senate met pursuant to adjournment.
Mr. A. J. Miller reported a bill to be entitled an act in re¬
lation to the assignment of dower, which was read the first
time.
Also a bill to be entitled an act to alter and amend an act
entitled an act to alter and amend the several Judiciary acts
now in force in this State, so far as relates to Justices Courts,
assented to 14th December, 1811, which was read the first
time. ~ • . '
Mr. Micajah Johnson reported a bill to be entitled an act
to authorize the Sheriffs' Clerks and, Coroners of Pulaski
9
130
JOURNAL OF THE
county to advertise their sales in some paper published in Mil-
ledgeville or at Macon, which was read the first time.
Leave of absence was granted to Mr. Spullock lor a few
days.
Mr. Bailey from the Committee on the Judiciary, made
the following report:
The Judiciary Committee have had under consideration
the following bills and direct the same to be reported with
amendments to wit:
A bill to authorize legal representatives of intestates and
testators of other States to sue in this State.
Also, a bill to prescribe the manner of creating trusts in
personal property and separate estates in said property.
The Committee have also favorably considered the fol¬
lowing bills and direct the same to be reported without
amendments, to wit:
A bill to declare the lien of judgments upon equitable
property.
Also, a bill amendatory of the Statute of Limitations.
The Committee have considered the bill to separate and
divorce Frances E. Hartsfield and William D. Hartsfield
her husband, and to change the name of Frances E. Harts¬
field, to that of Frances E. Cleveland.
Also, the bill to separate and divorce Elias Lay and his
wife Rebecca Lay, formerly Rebecca Connally, and the
Committee believe that the power to grant divorces is vested
alone in the Superior Courts of this State.
The Committee have also had under consideration the
bill to alter and amend the several acts of this State so,far
as they relate to the counties wherein the trial of claims to
personal property levied on under execution shall be had,
and the Committee report that the existing laws of the State
embrace all that the case requires and recommend no legis¬
lation on the subject.
The Committee have also considered the bill to regulate
the testimony of Attorneys at Law, and the Committee dis¬
sent from the provisions of the bill as unnecessary.
On motion of Mr. Bailey the bill in relation to divorces
was taken up and made the special order of the day for
Thursday next.
Mr. Stell offered the following resolution :
Resolved, That the Committee on the Judiciary be re¬
quested to investigate the propriety of making , a change in
the present mode of taking testimony by Interrogatories, so
far as relates to the practice of the names of the Commis¬
sioners being blank in the Commisions, and that the Com
mittee report by bill or otherwise. The resolution was ta
ken up and read.
Mr. Murphy moved to amend by inserting after the word
"Commissions," the following: " and giving notice to the
SENATE.
131
opposite party of the time and place of taking the testimbny,"
which was agreed to. The resolution as amended was
adopted.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
passed the following bills of the Senate, to wit;
A bill to grant the privilege to the Stockholders of the
'Cross Plains and Red Clay Branch Rail Road Company to
change the name of said Road and for other purposes.
A bill amendatory of and in addition to the various acts
heretofore passed in reference to the City of Savannah.
The House have also passed the following bills :
A bill to incorporate the Lafayette Chapter and Darley
Lodge in Fort Gaines, Georgia.
A bill to authorize Mark Walter and Company to estab¬
lish a ferry .across the Chattahoochee river on their own land
in the counties of Gwinnett and Forsyth.
A bill to add lot number one in the third district of Baker
county to Randolph county.
A bill to incorporate the Rising Sun Lodge No. 20 of
Reedsville, Tatnall county.
A bill to authorize Hardy Strickland to make returns in
Forsyth county.
A bill to curtail and simplify Civil Pleadings.
A bill to establish additional election precincts in the
county of Habersham.
A bill to repeal an act consolidating the offices of Clerk
of the Superior and Inferior Courts of Emanuel county.
A bill to authorize the Justices of the Inferior Court of
Elbert county to levy an extra tax for the purpose of building
a Court House in said county.
A bill for the relief of Mary Louisa Pritchard.
A bill to incorporate the town of Oglethorpe, in the county
of Macon.
A bill for the relief of John G. Whitworth, Administrator
of the estate of Elijah Hill, deceased.
A bill in relation to the holding of the Inferior Courts and
Courts of Ordinary in Glynn county.
A bill to fix and make permanent the places of holding
elections at the several precincts in the county of Muiray.
A bill to authorize. Mrs. Elizabeth Montfortto erect a mill
dam across Flint river in the county of Crawford on certain
conditions.
A bill to amend an act to provide for the education of the
poor, so far as the counties of Rabun and Union are con¬
cerned. ^
A bill for the relief of poor children in the county of Gwin¬
nett.
132
JOURNAL OF THE
A bill to change the boundary line between the counties
of Cobb and Paulding.
A bill to repeal so much of the act entitled an act to grant
certain privileges and immunities to the Hancock Guards, a
Volunteer Company in the county of Hancoc.k ; and to the
Harris County Cavalry, a Volunteer Company in the county
of Harris, as relates to the Harris County Cavalry.
A bill to authorize and require the Judge of the Superior
Courts in the Coweta Circuit to hold Court two weeks at
each term of said Court in Dekalb county, and to provide
for the same.
A bill to amend the several acts in relation to issuing of
Grants on Head Rights in this State, so far as to extend the
time for granting the same until the twenty-fifth day of De¬
cember, 1851.
A bill to provide for the compensation of Grahd and Petit
Jurors of the Superior and Inferior Courts of the county of
Elbert; and a bill to authorize Osborn A. Lochrane of
Clark county, to plead and practice law in this State.
They have also passed a bill which originated in the
Senate, to authorize Clerks of the Courts of Ordinary to
grant Marriage Licenses to Jewish Ministers.
And they have agreed to a resolution requesting our
Senators and Representatives in Congress to use their influ¬
ence to have a weekly mail route established on horseback
from Waresboro in Ware county, to Centervillage in Cam¬
den county.
Also, a weekly mail route from Waresboro, Georgia, to
Blount's ferry, in the State of Florida, &c.
, To which they desire the concurrence of the Senate.
The Senate then proceeded to the consideration of the un¬
finished business of yesterday, which was the substitute of¬
fered by Mr. Anderson, and on receiving the substitute in
lieu of the original bill as amended, the yeas and nays were
required to be recorded, and are —yeas 15, nays 25.
Those who voted in the affirmative, are Messrs.
Anderson, Chisolm, McBee,
Bailey, Clark, Mosely,
Augustus Beall, Cochran, Raw Is,
Byrd, John Jones, Turner,
Bryan, Love, Woods.
Those who voted in the negative, are Messrs.
Elias Beall, Gonder, James A. Miller,
Blackshear, Grubbs, Murphy,
James E. Brown, Hines, Napier,
Joseph E. Brown, Micajah Johnston, Purse,
Clayton, Thomas Johnston, Sanford,
Dunham, William JHones, John W. G. Smith,
Eberhart, McRae, James R. Smith,
Edmondson, Andrew J. Miller, Slell.
Ferrell,
senate.
133
So the substitute was rejected.
Mr. Clark offered as a substitute to the bill as amended
the following to wit:
A bill to be entitled an act to authorize the voters of the
State to express their opinion upon a bill entitled an act for
the preservation and protection of the rights of married
women.
Sec. 1st. Be it enacted by the Senate and House of Repre.
sentatives in General Assembly met, and it is hereby enacted by
the authority of the same, That on the first Tuesday in Octo¬
ber, 1851, all persons entitled by law to vote for Governor
and members of the General Assembly, shall endorse on
their tickets as they may see proper the werds " for the wo-
mans' bill," or " against the womans' bill," and the return
of said vote shall be made to the Governor in the same man¬
ner as returns for members of the General Assembly are
now made.
On motion the Senate adjourned until three o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Stell from the Committee on Enrolment, reported as
duly enrolled and ready for the signature of the Presideut of
the Senate, an act to authorize the Clerks of the Courts of
Ordinary in the several counties in this State to grant mar¬
riage licenses directed to Jewish Ministers, or other persons
authorized to perform the marriage ceremony between Jews,
and to authorize Jews to be married according to their own
forms.
Also, an act to grant the privilege to the Stockholders of
the Cross Plains and Red Clay Branch Rail Road Company
to change the name of said Road and for other purposes.
Mr. Clark reported a bill to be entitled an act for the
relief of Merrick Barnes, of Baker county, which was read
the first time.
Mr. John Jones, from the select committee, to whom was
referred the bill to be pntitled an act to change the time for
holding elections for members to represent the people of this
State in the Congress of the United States, reported the
same back to the Senate with amendments. ^
1 The Senate then proceeded to the consideration of the
unfinished business of the morning, to wit: the substitute
offered by Mr. Clark.
Mr. Woods moved to amend the substitute by adding the
following as an additional section, to wit:
X3J- JOURNAL OF THE
And be it farther enacted by the authority of the some, That
all females over the age of sixteen and under the age of fifty,
be entitled to a vote in so much of said election as relates
to the womans' bill in October next, and the same shall be
made out in separate returns by the several managers of said
election, and so returned by them to the Executive Depart¬
ment, which was agreed to ; the substitute as amanded was
rejected. The report of the Committee of the whole, upon
the bill as amended was agreed to, the bill was read the
third time and on the question " shall this bill now pass ?"
the yeas and nays were required to be recorded, and are—
yeas 17, nays 19.
Those who voted in the affirmative, are Messrs.
Elias Beall, Hines, Napier,
Blackshear, Micajah Johnston, Purse,
Clayton, Thomas Johnston, Sanford,
Ferrell, William Jones, James R. Smith.
Gonder Andrew J. Miller, Stell.
Grubbs, James A. Miller,
Those who voted in the negative, are Messrs.
Anderson, Clark, McRae,
Bailey, Cochran, Mosely,
Augustus Beall, Eberhart, Murphy,
Bird, John Jones,- John W. G. Smith,
James E. Brown, Love, Turner,
Joseph E. Brown,- McBee, Woods.
Bryan,
So the bill was lost.
The following bills were taken up and read the second time
and referred to the Committee of the whole house :
A bill to be entitled an act to provide for the admission in
evidence of exemplifications of the judicial proceedings had
in other States, in the several Courts of Law and Equity in
this State.
A bill to be entitled an act to amend an act to incorporate
the Relief Society of the Georgia Annual Conference of the
Methodist Episcopal Church, assented to December 22, A.
D., 1838, by adding the word " South."
A bill to be entitled an act to authorize and empowur the
trustees of the Male Academy of the town of Greenesboro1
to sell and dispose of a portion of land belonging to said
Academy, and to appropriate the money arising from the same.
A bill to be entitled an act to alter and change the name
of Mary Virginia Faver to that of Mary Virginia Cox, and
to legitimatize the same.
A bill to be entitled an act to alter the time of holding the
elections for Commissioners of the town of Greenesboro' and
to alter and change the manner of electing the Marshal of
said town.
SENATE.
135
A bill to be entitled an act to alter and amend the 10th
section ot an act to alter and amend the several acts incor¬
porating the City of MaOon, approved 27th December, 1847,
so far as relates to the election of Marshal for said city.
A bill to be entitled an act to repeal an act passed on the
22d day ol December, 1843, authorizing the Governor of the
State of Georgia to sell the Western and Atlantic Rail Road
for a sum not less than one million of dollars. 1
A bill to be entitled an act to incorporate the Talbotton
Branch Rail Road Company.
A bill to be entitled an act to alter and amend the first
and repeal the fourth section of an act entitled an act to
grant certain privileges and immunities to the Jefferson Rifle¬
men, a Volunteer Infantry Corps, in the county of Jefferson.
A bill to be entitled an act to add a portion of the county
of Habersham to the county of Lumpkin, and to designate
the county line between said counties.
A bill to be entitled an act to alter and change the county
line between the counties of Jackson and Clark, so as to in¬
clude the residences of Greensby W. Barber and Robert F.
White, of the county of Jackson, in the county of Clark;
also, to change the county line between the counties of
Madison and Clark, so as to include the residence of George
A. Jarell, of the county of Madison, in the county of Clark.
A bill to be entitled an act to alter the line between the
counties of Marion and Talbot, so as to add all that part of
Marion county lying north of the old Federal road to the
county of Talbot.
A bill to be entitled an act for the relief of Thomas Powell
of the county of Cass.
A bill to be entitled an act to add a part of the county of
Washington to the county of Jefferson.
A bill to be entitled an act to appoint certain Commis¬
sioners of Savannah river.
A bill to be entit ed an act to authorize Minor W. Brown,
of Forsyth county, Georgia^ to erect a mill on his own land
across the Chattahoochee river.
A bill to be entitled an act to separate and divorce James
C. Ball and his wife Elizabeth J. Ball.
A bill to be entitled an act to authorize the Savannah and
Albany Rail Road Company to make and use a plank road
and branches in connection with their Rail Road and
branches or in lieu thereof.
A bill to be entitled an act to authorize Daniel R. Turner,
of the county of Cobb, and James L. Mason, of the county
of Dekalb, to establish a ferry on the Chattahoochee river.
A bill to be entitled an act to change the name of William
Hadaway, and for other purposes therein named
A bill to be entitled an act to separate and divorce Jour-
dan W.'Ryals from his wife Lucinda Ryals.
136
JOURNAL OF THE
A bill to be entitled an act to amend an act to incorporate
the Georgia Conference of the Methodist Episcopal Church,
and to vest therein the title to certain property and au¬
thority to dispose of the same, assented to December 11th,
1841, hy adding the word " South."
A bill to be entitled an act to change the name of William
Capers Day, of Green county, to that of William Capers
Rhodes, and to legitimatize the same.
A bill to be entitled an act to elect the Principal Keeper
of the Penitentiary and the Chief Engineer of the Western
and Atlantic Rail Road, by the Legislature of the State of
Georgia, and to fix the salaries of the same.
A bill to be entitled an act to change the name of the
election precinct in the 800th District* G. M., of Troup county
from Holifield's store to Antioch.
Abill to be entitled an act to incorporate the Grand Divi¬
sion of the Sons of Temperance of the State of Georgia
A bill to be entitled an act to repeal an act passed on the
twenty-fifth day of December, eighteen hundred and forty-
seven, consolidating the offices of Receiver of Tax Returns
and Tax Collector, in the counties of Rabun, Camden, Irwin,
Floyd, Scriven. Paulding, Wayne, Murray, Cherokee, Glynn,
Telfair and Laurens.
A bill to be entitled an act to alter and amend a part of
the first section of the third article of the Constitution of this
State.
A bill to be entitled an act to alter and change the commis¬
sioners named in the fifth section of an act entitled an act to
prevent obstructions in the Oconee river from the Greene ami
Hancock county lines on its eastern bank to its confluence
with the Ocmulgee river, calculated to impede the free pas¬
sage of fish, to appoint commissioners and to punish those
who may attempt to defeat the same, approved December
26th, 1S35.
The following bills were taken up, read the second time
and referred to the Committee on Privileges and Elections :
V bill to be entitled an act to establish an election pre¬
cinct in the county of Marion.
Also, a bill to be entitled an act to change the election pre¬
cincts therein named in the county of Hall.
The following bills from the House of Representatives
were taken up and read the second time and referred to the
Committee of the whole House:
Abill to repeal an act entitled an act to consolidate ibe offi¬
ces of Tax Collector and Receiver of Tax Returns in the
counties of Rabun, Camden, Irwin, Floyd, Scriven, Pauld¬
ing, Wayne, Murray, Cherokee, Glynn, Telfair and Lau¬
rens ; so far as relates to the county of Murray, assented to
25th December, 1837.
Also, a bill to repeal an act consolidating the offices of
SENATE.
137
Tax Collector and Receiver of Tax Returns of the counties
of Baldwin, Chattooga, Franklin, Gwinnett, Heard, Upson,
Wilkes, Mcintosh, Thomas, Jefferson, Cobb, Hancock,
Dooly and Marion, passed on the 9th December, 1839, so
far as respects the counties of Franklin and Heard.
Also, a bill to amend the second section of an act
passed on the 24th day of December, 1833, entitled an act
to levy an extra tax for the political year 1834.
The following bills from the House of Representatives
were taken up and read the first time:
A bill to. be entitled an act to authorize the settlement of
criminal prosecutions in certain cases, and to regulate
more particularly the duties of the Attorney and Solicitors'
General and fix their liabilities.
A bill to be entitled an act to curtail and simplify civil
pleadings.
A bill to be entitled an act to establish additional election
precincts in the county of Habersham.
A bill to be entitled an act to incorporate thq town of
Oglethorpe in the county of Macon.
A bill to be entitled an act to incorporate Rising Sun
Lodge, No. 20, of Reidsville, Tattnall county.
A bill to be entitled an act to change the boundary line
between the counties of Cobb and Paulding.
A bill to be entitled an act to provide for the compensa¬
tion of Grand and Petit Jurors of the Superior and Inferior
Courts of the county of Elbert and to repeal all former laws.
A bill to be entitled an act to authorize Mrs. Elizabeth
Montfort to erect a mill-dam across Flint river in the county
of Crawford upon certain conditions.
A bill to be entitled an act in relation to the Inferior
Courts and Courts of Ordinary of Glynn county.
A bill to be entitled an act to authorize Hardy Strickland
of the county of Forsyth, administrator upon the estate of
Mark W. Killings worth, deceased, of the county of DeKalb,
to make his returns in the county of Forsyth.
A bill to be entitled an act to fix and make permanent the
places of holding elections in the several precincts in the
county of Murray.
A bill to be entitled an act to provide for the education of
the poor so far as the counties of Rabun and Union are con¬
cerned.
A bill to be entitled an act to amend the several acts in
relation to issuing of grants on head rights in this State so
far as to extend the time for granting the same until the 25th
December, 1851.
A bill to be entitled an act to authorize the Justices of the
Inferior Court of Elbert county to levy an extra tax for the
purpose of building a court house, in said county.
A bill to be entitled an act to incorporate Lafayette
138
JOURNAL. OF THE
Chapter, No. 12, and Darley Lodge No. 17, in the town ot
Fort Gaines, in the county of Early. _' *
A bill to be entitled an act to add lot number one m the
third district of Baker county to Randolph county.
A bill to be entitled an act to authorize Osborn A. Loch-
rane,of Clark County, to plead and practice law in this State.
A bill to be entitled an act lor the relief of Mary Louisa
Pritchard.
A bill to be entitled an act to authorize and require the
Judge of the Superior Courts in the Coweta Circuit to hold
Court two weeks at each term ot said Court, in De Kalb
County, and to provide for the same.
A bill to be entitled an act to repeal an act consolidating
the offices of the Clerk of the Superior and Inferior Courts
of Emanuel County.
A bill to be entitled an act for the relief of John C.. Whit-
worth, administrator of the estate of Elijah Hill, deceased.
A bill to be entitled an act for the relief of poor children
in the county of Gwinnett.
A bill to be entitled an act to authorize Mark Water and
Company lo establish a -Ferry across the Chattahoochee
River, on their own land, in the counties of Gwinnett and
Forsyth.
A bill to be entitled an act to repeal so much of the act
entitled an act to grant certain privileges and immunities to
the Hancock Guards, a volunteer company in the county of
Hancock, and to the Harris county Cavalry, a volunteer
company in the county of Harris, as relates to the Harris
County Cavalry,
Mr. Cochran made the following report:
A majority of the Select Committee to whom was refer¬
red a resolution to report a bill to repeal all laws and parts
of laws in relation to the interdiction of slaves into this
State, beg leave to" report to the Senate the bill of the House
of Representatives upon that subject, and recommend its
passage.
Mr. J. W. G. Smith reported a bill to forbid free negroes
or free persons ot color from living within the limits of this
State, under certain penalties therein named, which was
read the first time.
Mr. Edmondson reported a bill to incorporate the town
of Tunnel Hill, in the county of Murray, which was read the
first time.
Also, a bill to attach the lands and residence of Thomas
O. Christian, of the county of Cass, to the county of Mur¬
ray, and for other purposes therein named, which was read
the first time.
Also, a bill to divorce Eldridge W. Allen from his wife
Mary Ann Allen, which was read the first time.
Mr. Cochran reported a bill to limit the number cf Secre-
senate.
taries to the Executive Department, and to fix their sala¬
ries, which was read the first time.
Leave of absence was granted to Mr. iBlackshear for a
few days.
On motion, the Senate adjourned until 10 o'clock to-mor¬
row morning.
WEDNESDAY, December 5, 1S49.
The Senate met pursuant to adjournment.
Mr. A. J. Miller moved to reconsider so much of the Jour¬
nal of yesterday as relates to the action of the Senate upon
" the bill for the protection and preservation of the rights of
married women and the distribution of their estates," where¬
upon, the yeas and nays were required to be recorded, and
are yeas 22, nays 16.
Those who voted in the affirmative, are Messrs.
Grubbs,
Hines,
Micajah ..Johnston,
Thomas Johnson,
William Jones,
Long,
McRae,
Andrew J. Miller,
James A.
Napier,
Purse,
San ford,
James R.
Stell,
Miller,
Smith,
Anderson,
Augustus Beall,
Elias Beall,
Clayton,
Dunham,
Edmondson,
Ferrrell,
Gonder,
Those who voted in the negative, are Messrs.
Bailey, Clark, Mosely,
Bird, Cochran, Murphy,
James E. Brown, Eberhart, Ra\Vls,
Joseph E. Brown, Love, Turner,
Bryan, McBee, Woods,
Chisolrn,
So the motion prevailed.
On motion of Mr. Bailey, the bill was recommitted to the
Committee of the whole House and made the special order
of the day for Thursday next.
Mr. Woods reported a bill to be entitled an act to divorce
certain persons therein named, which was read the first time.
Mr. Dunham reported a bill to be entitled an act to appro¬
priate certain hands to do road duty on the west side of the
old post road and north of the Satilla river in Camden coun¬
ty, which was read the first time.
Mr. A. J. Miller reported a bill to be entitled an act to au¬
thorize the issue of bonds of the State in lieu of others out¬
standing, which was read the first time.
140
JOURNAL OF THE
Mr. James E. Brown reported a bill to be entitled an act
to incorporate New Hope Baptist Church in the sixth dis¬
trict of Randolph county,, which was read the first time.
Mr. Clayton from the Committee on Finance made the
following report:
The Committee on Finance to whom was referred the
bill to consolidate the offices of Receiver of Tax Returns and
Tax Collector of Cherokee county and to make provision
for paying Grand and Petit Jurors in said county, have had
the same under consideration and ask leave to report said
bill with amendments back to the Senate.
The Senate took up the engrossed bill to pardon John
Hunton of the county of Wilkes, 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
22, nays 16.
Those who voted in the affirmative, are Messrs.
Anderson,
Bird,
James E. Brown,
Joseph E. Brown,
Clayton,
Dunham,
Eberhart,.
Ferrell,
Gonder,
Grubbs,
Hines,
Micajah Johnston,
Thomas Johnston,
Love,
McRae,
Andrew J. Miller,
James A. Miller,
Mosely,'
Purse,
Rawls,
James R. Smith,
Woods,
Those who voted in the negative are Messrs.
Bailey, Cochran, Murphy,
Augustus Beall, William Jones, Napier,
Elias Beall, John Jones, Sanford,
Bryan, Long, Stell,
Chisolm, McBee, Turner,
Clark,
Mr. J. W. G. Smith, was excused from voting.
So the bill was passed.
Mr. A. J. Miller offered the following resolution :
Resolved by the Senate and House of Representatives of the
State of Georgia, That his excellency the Governor be and
he is hereby authorized and requested after the payment or
redemption of the sterling bonds for fifteen thousand pounds
sold for the State by Reid, Irving & Co., to apply any an¬
nual surplus remaining in the Treasury in redemption of
bonds issued for the construction and upon the pledge of the
Western and Atlantic Rail Road under act of the General
Assembly of 1845.
On motion of Mr. J. A. Miller, the Senate took up as the
report of the Committee of the whole, the bill to require
the payment of interest on open accounts as on promissory
SENATE.
141
notes and other liquidated claims in this State, and on the
caption being read,
"*Mr. Bailey moved to amend vby striking out all after the
words " open -accounts" and inserting in lieu thereof, the
following, to-wit: " And other unliquidated demands in cer¬
tain cases," which was lost.
On the first section being read as follows, to-wit:
Be it enacted by the Senate and House of Representatives of
the State of Georgia iri General Asseinbly met% and it is hereby
enacted by the. authortty of the same, That from and after
the passage of this act, that all open accounts shall bear in¬
terest from and after the first day of January immediately
after the creation of said accounts as promissory notes and
other liquidated claims now due in this State.
Mr. Bailey moved to amend by inserting after the.words
"open accounts," the following to-wit: "and other liquida¬
ted demands," which was lost.
Mr. Bailey moved to amend further by striking out all af¬
ter the words "from and after the" and" inserting in lieu
thereof, the following to-wit: " The death of the person or
persons who may owe or be liable for the same," which was-
lost. The report was agreed to, the bill was read the third
time and lost
The Senate took up as the report of the Committee of the
whole, the reconsidered bill to limit the lien of judgments
and to protect the title of innocent purchasers 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 were
yeas 16, nays 20.
" Those who voted in the affirmative, are Messrs.
Bird,
Clark,
Dunham,
Edmondson,
.Hines,
Micajah Johnston,
Anderson,
Bailey,
Augustus Beall,
Elias Beall,
James E. Brown,,-
Joseph E. Brown,
Bryan,
So the bill was lost.
William Jones,
Andrew J. Miller,
Long,
James A. Miller,
Love,
Mosely,
McBee,
James R. Smith,
McRae,
Turner.
I in the negative,- are Messrs.
Chisolm,
John Jones,
Clayton,
Murphy,
Cochran,
-Rawls,
Eberhart,
Sanford,
Gonder,
John W. Gi Smith,
Grubbs,
Woods.
Thomas Johnston,
142
JOURNAL OF THE
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk :
Mr, President— The House of Representatives have
passed the following bills which originated in their branch
of the General Assembly, to-wit:
A bill to reduce the Sheriff's bonds of the county of
Telfair.
A bill to authorize William S. Hammell, Sen., to estab¬
lish a ferry across Flint River.
A bill to alter and amend the poor school laws now in
force. &c., so far as respects the county of Dooly.
A bill to amend an act to provide for the education of the
poor, assented to the 27th December, 1S43, so far as relates
to the county of Warren.
A bill to alter and change the lines between the counties
of Appling, Telfair and Ware.
A bill to give to the Justices ol the Peace of the 830th
district, G. M., the right to hold their Courts two days and
to legalize their acts.
A bill to incorporate the North-Western Plank or RailRoad
Company of Georgia and to punish persons violating the same.
A bill to incorporate the Military Company of Infantry in
the county of Marion, in this State, known by the name
and style of the Marion Blues and to grant them certain
privileges and exemptions therein specified.
A bill to authorize and empower John S. Rowland, to es¬
tablish a ferry or build a bridge across the Etowah river on
his own land in Cass county and to take toll.
A bill to incorporate the Wellington Academy of the
county of Macon, and appoint Trustees for the same.
A bill to alter-and change the time of holding the Supe¬
rior Courts of the county of Macon of the South-Western
Circuit, and to require the same to be held two weeks if ne-
oessary.
A bill to amend an act entitled an act to amend the sev¬
eral acts regulating the road laws in this State so far as re¬
lates to the counties of Bryan, Liberty, Mcintosh, Glynn,
Camden and Wayne, approved 8th December, 1806.
A bill to change the line between the counties of Craw¬
ford and Macon.
. A bill to incorporate the Houston Branch Rail Road Com¬
pany and to authorize said Company to construct a Rail
Road from some suitable point on the South-Western Rail
Road to the town of Perry in Houston county.
A bill to repeal so much of an act assented to 19th De¬
cember, 1840, as relates to the consolidation of the offices of
Tax Collector and Receiver of Tax Returns of the county of
Montgomery.
A bill to incorporate the Griffin and West Point Plank
Road Company for the purpose of constructing a Plank Road
senate.
143
from Griffin to the town of West Point in Troup county, and
to punish those who may wilfully injure the same.
A bill to authorize the South-Western Rail Road Com¬
pany to construct its Rail Road through the Public Reserve.
A bill to grant certain privileges to the Scriven Troop.
A bill to incorporate the Trustees for Wesley Chapel,
Andrew Chapel and Trinity Church, South, in the city of
Savannah; and
A bill to incorporate the Volunteer Corps of Dragoons in
the county of Houston, and to grant certain privileges to
the same. To all which they desire the agreement of the
Senate.
On motion of Mr. Joseph E. Brown, the Senate took up
as the report of the Committee of the whole, the bill to con¬
solidate the offices of Receiver of Tax Returns and Tax
Collector, in the county of Cherokee, and to make provision
for paj'ing Grand and Petit Jurors in said county.
Mr. Clayton moved to amend by striking out the first six
sections of the bill and insert in lieu thereof, the following :
Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the Stale of Georgia, in General Assembly met and it
is hereby enacted by the authority of the same, That from and af¬
ter the 1st day of January, 18-51, the offices of Receiver of
Tax Returns and Tax Collector for the county of Cherokee
shall be consolidated and united, and shall thereafter be fill¬
ed by one and the same person annually, who shall perform
the duties of a Receiver of the Returns of taxable property
and Tax Collector for said county of Cherokee respective¬
ly as required by law, and give bond and security in double
the amount now required of the Tax Collector of said
county.
Sec. 2. And be it further enacted by the authority aforesaid,
That the compensation for the serv:ces of said Receiver of
Tax Returns and Tax Collector, shall be one half of the
amount at present allowed to the offices of Receiver of Tax
Returns and Tax Collector of said county.
Sec. 3. And be it further enacted by the authority aforesaid,
That all Court fees to which Jurors are uow entitled ; all
fines hereafter imposed on and collected from Jurors, and •
the remaining half of the compensation at present allowed
to the Receiver of Tax Returns and Tax Collector of said
Cherokee county, shall be paid into the County Treasury,
and the same is hereby set apart as a permanent Jury fund
for said county, and it shall be applied to that object and no
other—which was agreed to.
Mr. Joseph E. Brown moved to amend the first section of
the amendment by inserting after the words "by law" the
following to-wit: "Provided that he shall only be bound to
attend in each militia district on two different days for the
purpose of receiving "tax returns, and on two different days
144
JOURNAL OF THE
for the purpose of collecting and not on three different days
as now required by law. And it shall further be his duty
to attend at the Court House in said county on the two sale
days preceding the time of returning his digest to the office
of the Comptroller General and on the two sale days previ¬
ous to the time of closing his books as Collector, which was
agreed to. The report as amended was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize the voters of this State to express
. their opinions in relation to the election of Judges of the Su¬
perior Courts of this State by the people. On motion, the
report was laid upon the table for the present.
The Senate took up as the report of the Committee of the
whole, a bill to be entitled an act to authorize Henry R. D.
Tread well, an infirm person of Troup county to vend and
dispose of articles of merchandise without license. On mo¬
tion of Mr. Ferrell, the report was indefinitely postponed.
The order was suspended and Mr. Edmondson offered the
following resolution:
Resolved,, That the Committee on Finance enquire into
and report by bill or otherwise what legislation, if any be
necessary for the collection and safe keeping of the revenues
collected from the Western and Atlantic Rail Road, which
was taken up, read and agreed to.
The Senate took up as the report of the Committee of the
whole, the bill to alter and amend the several acts of this
State so far as relates to the counties wherein the trial of
claims to personal property levied on under executions shall
be had. And on the first section being read as follows,
to-wit:
Be it therefore enacted by the Senate and House of Representa¬
tives of the State of Georgia in General Assembly met, and it is
hereby enacted by the authority aforesaid, That from and im¬
mediately after the passage of this act whenever any claim
shall be interposed to personal property which is levied on
by virtue of an execution issued from any of the Superior or
Inferior Courts of this State, such execution together with
the other claim papers shall be returned by the levying offi¬
cer to the next Superior or Inferior Court, (as the case may
be,) in the county in which such levy is made and be there
tried in the same manner as heretofore practiced in the
Courts from whence such executions issued.
Mr. Love moved to amend by inserting after the words
"to personal property" the following, to wit: "in the ac¬
tual possession of the claimant," which was agreed to.
The report as amended was agreed to, the bill was read
ihe third time, and on the question " shall this bill now pass ?"
the yeas and nays were required to be recorded, and are—
yeas 10, nays 25.
senate.
145
Those who voted in the affirmative, are Messrs. •
Chisolm, Micajah Johnston,
McBee,
James A. Miller,
Turner.
e Messrs.
Andrew J. Miller,
Mosely,
Murphy,
Purse,
Rawls,
Sanford,
John W. G. Smith,
Stell.
Clark, Long,
Dunham, Love,
Edmondson,
Those who voted in the negative, ar
Bailey, Ferrell,
Augustus Beall, Gonder,
Elias Beall, Grubbs,
Byrd, Hines,
Joseph E. Brown, Thomas Johnston,
Brvan, William Jones,
Clayton, John Jones,
Cochran, McRae,
Eberhart,
So the bill was lost.
Mr. A. J. Miller made the following report:
The Committee on Banks to whom was referred the bill
to change and point out and regulate the manner in wThich
the returns of the several banking institutions of this State
shall hereafter be made, have had the same under consider¬
ation and recommend its passage with the amendments here¬
with reported.
On motion, the order was suspended and Mr. Joseph E.
Brown reported a bill to be entitled an act for the relief of
Heroy McCormick'Ward, which was read the first time.
On motion of Mr. A. J. Miller, fifty copies of the report of
the Director of the Central Bank in relation to the Bank of
Darien, were ordered to be printed for the use of the Senate.
On motion, the Senate adjourned until ten o'clock to¬
morrow morning.
THURSDAY, Dec. 6th, 1849.
The Senate met pursuant to adjournment.
On motion of Mr. Chisolm, the Senate reconsidered so
much of the Journal of yesterday as relates to the rejection *
of " The bill to alter and amend the several acts of this
State, so far as relates to the counties wherein the trial of
claims to. personal property levied on under executions,
shall be had," &c.
The following Message was received from his excellency
the Governor, by Mr. Patton, his Secretary :
Mr. President—I am directed by the Governor to lay be¬
fore the Senate a communication in reference to certain
10
146
JOURNAL OF THE
Islands In the Flint River. The Governor has approved
and signed the following acts, to wit:
An act to grant the privilege to the stockholders of the
Cross Plains and Red Clay Branch Rail Road Company to
change the name of said Road and for other purposes.
Also, an act to authorize Clerks of the Courts of Ordina¬
ry in the several counties of this State to grant marriage li¬
censes directed to Jewish Ministers or other persons au¬
thorized to perform the paarriage ceremony between Jews,
and to authorize Jews to be married according to their own
forms, which I am directed to return to this branch of the
General Assembly.
Mr. Stell, from the Committee on Enrolment, reported as
duly enrolled and ready for the signature of the President
of the Senate, an act amendatory of, and in addition to the
various acts heretofore passed in reference to the city of
Savannah.
Mr. Murphy reported a bill to be entitled an act to incor¬
porate the First Baptist Church in the city of Atlanta and
appoint Trustees for the same, which was read the first
time.
Also, a bill to be entitled an act in addition to and amen¬
datory of an act entitled an act to amend an act to incorpo¬
rate the town of Marthasville, in the county of Dekalb,
passed on the twenty-third day of December, eighteen hun¬
dred and forty-three ; and also to enlarge the boundary of
said town, and to incorporate the same under the name of
the city cf Atlanta ; and to change the name of the Town of
Rome, to that of the City of Rome, to provide for the election
of Mayor and Councilmen and other officers of said cities,
and to confer upon them specific powers and for other pur¬
poses therein mentioned, approved the 29th December,
1S47, which was read the first time.
Mr. Woods reported a bill to be entitled an act to regu¬
late the mode of sueing out Ca. Sas. in this State, and to mo¬
dify proceedings thereon, which was read the first time.
Mr.. Augustus Beall reported a bill to .be entitled an act
to authorize Jacob A. H. Reviere, of the county of Warren
and State of Georgia, to peddle upon goods, wares and mer¬
chandise within the limits of the Eighth Congressional Dis¬
trict, as it is now laid off, without a license and without be¬
ing subject to pay a tax therefor, which was read the first
time
The Senate took up as the report of the Committee of the
whole, the bill to be entitled an act in relation to divorces;
and on the first section being read as follows, to wit:
Be it enacted by the Senate and House of Representatives of the
State of Georgia in Geneial Assembly met, and it is hereby en¬
acted by authority of the same, That from and after the pas¬
sage of this act, the following shall be the grounds or legal
SENATE.
147
principles upon which divorces from, the bonds of matri¬
mony shall be granted, to wit:
1st. Intermarriage by persons related within thelevitical
degrees.
2d. Adultery in either of the parties.
3d. Wilful and continued desertion by either party for
the term of three years.
4th. The conviction of either party for an offence involv¬
ing moral turpitude, and under which he or she is sentenced
to two or more years imprisonment in the Penitentiary.
Mr. A. J. Miller moved to amend by striking out all after
the words " to wit," and inserting in lieu thereof the amend¬
ment offered by the Judiciary Committee, to wit:
1st. Intermarriage by persons within the Livitical de¬
grees of Consanguinity or affinity.
2d. Mental incapacity at the time of marriage.
3d. Impotency at the time of marriage.
4th. Force, menaces or duress, in obtaining the marriage.
5th. Pregnancy of the wife at the time of marriage, with¬
out the knowledge of the husband.
6th. Adultery in either of the parties after the marriage.
7th. Wilful and continued desertion by either party for
the term of three years.
Sth. The conviction of either party of an offence involv¬
ing moral turpitude, and under which he or she is sentenced
to imprisonment in the Penitentiary for the term of'two
years or longer, which was agreed to; and on the second
section being read as follows, to wit:
And be it further enacted, That in case of cruel treatment
on the part of one toward the other of the parties, the Jury
may, according to the circumstances of such case, deter¬
mine whether the divorce shall be from the bonds of matri¬
mony or from bed and board.
Mr. A. J. Miller moved to amend by inserting after the
word "parties," the following words; to wit:—"or of ha¬
bitual intoxication," which was agreed to ; and on the third-
section being read as follows, to wit:
And, be it further enacted, That if the adultery or desertion,
or treatment complained of, shall have been occasioned by
the collusion of the parties-and done with the intention of
causing a divorce, or if the party complaining was consent¬
ing thereto, or if both parties have been guilty of like con¬
duct, then no divorce shall be granted.
Mr. A. J. Miller moved to amend by inserting after the
word "treatment," the words "or intoxication," which was
agreed to.
On motion of Mr. Joseph E. Brown, the report as amend¬
ed, was recommitted to the Committee of the whole House,
and on motion, the report was taken up by sections, and on
the first section being read, Mr. Joseph E. Brown moved to
148
JOURNAL OF THE
amend the same by striking out the following, to wit:—
"Intermarriage by persons within the Livitical degrees of
consanguinity or affinity. Whereupon the yeas and nays
were required to be recorded, and are yeas 5 ; nays 33.
Those who voted in the affirmative, are Messrs.
Joseph E. Brown, Mosely, Woods.
McRae, Ira E. Smith,
Those who voted in the negative, are Messrs.
Edmondson,
F errell,
Grubbs,
Hines,
Micajah Johnston,
Thomas Johnston,
William Jones,
John Jones,
Lon<
'&>
Love,
McRae,
Andrew J
James A. Miller,
Murphy,
Napier,
Purse,
Rawls,
Sanford.
John W. G. Smith,
James R. Smith,
Stell, _
Tomlinson,
Turner.
xlnderson,
Bailey-,
Augustus Bead,
Elias Beall,
Byrd,
James E. Brown,
Bryan,
Chi sol m,
Clark,
Clayton,
Cochran,
Eberhart, Andrew J. Miller,
So the motion was lost.
Mr. Woods moved to amend further by adding the fol¬
lowing proviso to the fifth ground of divorce :
Provided such pregnancy was not caused by his ownact,
with her consent, which was lost.
Mr. Murphy moved to amend further, by striking out of
the seventh ground of divorce, the word " three," and in¬
serting the word "one."
Mr. Stell called for a division of the question, and on the
question of striking out, the yeas and nays were required to
be recorded, and are yeas It ; navs 30.
Those who voted in the affirmative, are Messrs.
Augustus Beall, Micajah Johnston, Murphv,
James E. Brown, Long, Spullock,
Chisolm, McBee, Woods.
Edmondson, James A. Miller,
Those who voted in the negative, are Messrs.
Anderson,
Bailey,
Elias Beall,
Byrd,
Joseph E. Brown,
Clark,
Clayton,
Dunham,
Eberhart,
F errell,
Gonder, Napier,
Grubbs, Purse,
Hines, Rawls,
Thomas Johnston, Sanford,
William Jones,
John Jones,
Love,
McRae,
Andrew J. Miller,
Mosely,
John W. G. Smith,
James R. Smith,
Ira E. Smith,
Stell,
Tomlinson,
Turner.
senate.
149
So the motion wasjost.
Mr. Joseph E. Brown moved to amend further by strik¬
ing out the seventh ground of divorce, to wit:—" Wilful
:tnd continued desertion by either party for the term of
three years. Whereupon the yeas and nays were required,
and are yeas 9 ; nays 32.
Those who voted in the affirmative, are Messrs.
Anderson, Clayton, Thomas Johnston,
Byrd, Eberhart, Ira E. Smith,
Joseph E. Brown, Edmondson, Woods.
Those who voted in the negative, are Messrs.
Bailey, Micajah Johnston, Napier, j
Augustus Beall, William Jones, Purse,
James E. Brown, John Jones, Rawls,
Bryan, Long, Sanford,
Chisolm, Love, John W. G. Smith,
Clark, McBee, James R. Smith,
Dunham, McRae, Spullock,
Ferreil, Andrew J. Miller, Stell,
Gonder, James A. Miller, Tomlinson,
Grubbs, Mosely, Turner.
Hines, Murphy,
So the motion was lost.
On motion, the order was suspended, and Mr. J. W. G.
SmithTeported a bill to be entitled an act to authorize grants
to issue to the owners of certain fractional lots of land in the
county of Talbot, which was read the first time.
Mr. Edmondson reported a bill to be entitled an act to au¬
thorize the incorporation of Joint Stock Companies for the
construction Macademised, Graded or Plank Roads,
which was read the first time.
Also, a bill to be entitled an act to authorize John L. Reid
to plead and practice Law in the several Courts of Law and
Equity in this State, which was read the first time.
Mr. Woods reported a bill to be eptitled an act to incor¬
porate Spring Place Academy, in the county of Murray,
and to appoint Trustees for the same, which was read the
first time.
On motion, the Senate adjourned until 3 o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment, and proceeded
to the unfinished business of the morning, which was the
bill in relation to divorces.
150
JOURNAL OF THE
Mr. McBee moved to amend the first section thereof by
striking out the eighth ground of divorce therein mentioned,
to wit: " The convintion of either party of an offence in¬
volving moral turpitude and under which he or she is sen¬
tenced to imprisonment in the penitentiary for the term of
two ydhrs or longer." Whereupon the yeas and nays were
required to be recorded, and are yeas 15 ; nays IS.
Those who voted in the affirmative, are Messrs.
Anderson, Edmondson, Quarterman,
Byrd, Leonard, Rawls,
Joseph E. Brown, Love, Ira E. Smith,
Clayton, McBee, Turner,
Eberhart, Purse, Woods.
Those who voted in the negative, are Messrs.
Augustus Beall,
James E. Brown,
Bryan,
Clark,
Cochran,
Ferrell,
James A. Miller,
San ford.
John W. G. Smith,
Spullock,
Stell,
Tomlinson.
Gonder,
Grubbs,
Hines,
Micajah Johnston,
John Jones,
Andrew J. Miller,
So the motion was lost.
The report as amended, was agreed to, the bill was read
the third time, and on the question " Shall this bill now
pass ?" the yeas and nays were required to be re'corded,
and are yeas 35 ; nays 6.
Those who voted in the affirmative, are Messrs.
Bailey,
Augustus Beall,
Elias Beall,
James E. Brown,
Biyan,
Chisolm,
Clark,
Clayton,
Cochran,
Eberhart,
Edmondson,
Ferrell,
Gonder,
Grubbs,
Hines,
Micajah Johnston,
William Jones,
John Jones.
Leonard,
Long,
Love,
McRae,
Andrew J. Miller,
James A. Miller,
Murphy,
Napier,
Purse,
Rawls,
San ford,
John W. G. Smith,
Spullock,
Stell,
Tomlinson,
Turner,
Woods.
Those who voted in the negative, are Messrs.
Anderson, Joseph E. Brown, Quarterman,
Byrd, McBee, Ira E. Smith.
So the bill passed.
The Senate went inlo a Committee of the whole upon the
reconsidered bill for the preservation and protection of the
rights of married women and the distribution of their es¬
tates—Mr. Stell in the chair—and after some time spent
therein, on motion of Mr. A. J. Miller, the Committee rose
and reported the bill with amendments, and on motion of
•SENATE.
151
Mr. Ferrell, the report was taken up by sections; and on
the fourth section being read as follows, to wit:
And l)e it further enacted, IT hat whenever the interest of
the wife requires a sale or exchange of said property, either
real or personal, or any part thereof, the same may be had
upon application by the husband and wife in writing to the
Justices of the Court of Ordinary or a majority of them in
term time or vacation, which Justices or a majority of them
shall be authorized to order the sale or exchange thereof, up¬
on such terms and conditions as they shall deem best—pro¬
vided that in all cases the proceeds of the sale or exchange
shall be and remain the sole and separate property of the
wife, as provided in the first section of this act; and the
order of said Court or Justices shall be entered on the min¬
utes of said Court.
Mr. Ferreli moved to amend by striking out the words,
" upon application by the husband and wife in writing, to
the Justices of the Court of Ordinary or a majority of them,
in term time or vacation, which Justices or a majority of
them shall be authorized to order the sale or exchange upon
such terms and conditions as they shall deem best." • Also,
"And the order of said Court or Justices shall be entered
on the minutes of said Courts," and insert in lieu thereof
the words " by the husband, with the written consent of the
wife," which was lost.
Mr. Bailey moved to amend further by striking out the
words "Justices of the Court of Ordinary," and inserting in
lieu thereof, the words "Justices of the Inferior Court sit¬
ting as a Court of Ordinary," which was agreed to.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk :
Mj\ President—-The House of Representatives have passed
the following bills, to wit:
A bill to entitle Ellen M. Baker to inherit the property of
James R. Ware, of Stewart county.
A bill to consolidate the offices of Clerk of the Superior
and Inferior Courts for the county of Talbot.
A bill to incorporate Dawson Lodge No. 67. Also Burns
Lodge'No. 56 of Free Masons, and for other purposes
therein specified.
A bill for the relief of Henry D. Moore.
A bill to repeal an act entitled an act io appoint County
Treasurers, and define their duties so far as relates to the
county of Troup, and to give to the people of said county
the election of Treasurer, &c. approved 24th. December,
1825.
A bill to authorize James J. Logan to build a mill dam
across Notley River, on his own land, in the county of
Union.
152
JOURNAL OF THE
A bill to repeal an act entitled an act to extend the cor¬
porate limits of the town of Talbotton.
A bill to change and fix the time of holding the Superior
Courts in the Eastern District, so far as relates to the coun¬
ties of Bulloch and Effingham.
A bill to repeal an act entitled an act to incorporate the
Campbellton Bridge Company, and to authorize them to
build a-Bridge across Chattahooehie River.
A bill for the relief of James King, of the county of
Cherokee.
A bill to grant certain privileges to the Burke Guards, a
volunteer company of infantry in Burke county.
A bill for the relief of E. G. Ponder and W. W. Barton.
A bill to allow the Sheriff of Chatham county certain fees
which are not provided for by law, and to allow him to ap¬
point special deputy sheriffs in certain cases.
And a bill to reduce the official bonds of thg Sheriffs here¬
after to be elected in the county of Franklin, from the sum
of twenty thousand dollars to the sum of ten thousand dol¬
lars.
They have also passed a resolution requesting the Senate
to appoint a Committee on the part of the Senate, to act
jointly with Messrs. Stephens, Lawton, Jenkins, Phillips
and Tucker, the Committee appointed on the part' of the
H,ouse, to whom was referred the ' memorial of the heirs at
law of Captain David McCullough, praying compensation for
supplies furnished to the State during the Revolutionary
War.
The order was resumed, and on the fifth section of the
report being read, as follows :
And be it further enacted, That upon the death of any such
feme covert, her whole estate, real and personal shall de¬
scend to and vest in her children then in life, and the de¬
scendants of any who may be dead, and her husband \ but
if there be no such child or children, or descendant of a
child, the husband shall be entitled to the whole; if but one
child, or the descendant of only one child, the husband shall
be entitled to half j and if there be two or more children, or
one child and the descendant of another or others, or the
descendants of two or more children, the husband shall be
entitled to one third ; the residue in either the last two cases
to be divided equally among the said child or children and
descendants of a deceased child or children ; the said de¬
scendants to take in place of their parent.
Mr. Ferrel moved to amend by adding the following pro¬
viso :—Provided that the distribution contemplated bv this
section shall not take place until after the death of the hus¬
band, unless by his consent, which was agreed to ; and
on the seventh section being read as follows, to wit :
SEXATE.
153
Be it further enacted, That'110 husband shall be liable for
the debts, liabilities or contracts of the wife made before
marriage, beyond the value of the property received by him
under this act. -
Mr. Jno. W. G. Smith moved to amend by striking out
sa\d section and inserting in lieu thereof the following, to
wit;
And he it further enacted, That all the property of the wife
owned T>efore the marriage, or such as may in any wise come
to her during.the overture, together with its increase, shall
be subject to the payment of all debts contracted by the
wife before marriage, and the property'and person of the
husband shall be wholly and entirely exempt fram all liabi¬
lities for such debts, which was agreed to; and on the
.eighth section being read as follows, to wit: ,
And he it further enacted, That the provisions of this act
shall not apply to any property which the wife may in any
way or manner derive from her husband after or at the
time of their marriage.
Mr.. A. J. Miller moved to amend by inserting after the
words "provisions of this act," the following, to wit: " So
far as they create a separate estate in the wife," which was
agreed'to.
Mr. Love offered as a substitute to the report as amend¬
ed, the following, to wit: . >
A bill to be entitled an act for the preservation and pro¬
tection of the rights of married women :
Be it enacted by the Senate and - Home of Representatives of
the State of Georgia in General Assembly met, and it is hereby
enacted by the authority of the same, That from and after the
passage of this act, any property, real or personal, or choses.
in action which any feme sole may own or be entitled to,
shall not on her marriage be subject to any debts contracted
by the husband, either by himself or jointly with others upon
any bond or obligation which he may have signed prior to
said marriage.
2, And be it further enacted, That where any husband
hereafter to be married, shall be arrested by virtue of any
ca. sa. issued upon any judgment rendered against him
prior to his said marriage or upon any judgment founded
on a contract mh.de before said marriage, and shall wish to
take the benefit of the insolvent laws of this State, ,he may
file his schedule as now allowed by law, without reference
to the property which he may have acquired by his said
marriage.
' On receiving the substitute, the yeas and nays were re¬
quired to be recorded, and are yeas 17; nays 26.
Those who voted in the affirmative, are Messrs.
Anderson, Bailey, Augustus Beall,
154
JOURNAL OF THE
Byre),
James E. Brown,
Biyan,
Chisolm,
Clark,
Eberhart,
Love,
McBee,
Mosely,
Quarierman,
Rawls,
Ira E. Smith,
Turner,
Woods.
Those who voted in the negative, are Messrs.
I-Iiues,
Micajah Johnston,
Thomas Johnston,
William Jones,
•Leonard,
Long,
McRae,
Andrew J. Miller,
James A. Miller,
Murphy,
Napier,
Purse,
San ford,
John W. G. Smith,
James R. Smith,
Spullock,
Tomlihson.
Elias Beall,
Joseph.E. Brown,
Clayton,
Cochran,
Dunham, .
Edmondson,
Ferrell,
Gonder,
Grubbs,
• So the substitute was rejected.
Mr. Murphy moved that the Senate do now adjourn, on
which motion the yeas and nays were required to be re¬
corded, and are yeas 11; nays 33.
Those who voted in the affirmative, are«Messrs.
Bailey, Eberhart, McBee,
Augustus Beall, Edmondson, Murphy,
Clark, Love, Turner.
Cochran,
Those who voted in the negative, are Messrs.
' i
Anderson, Grubbs, Napier,
Elias Beall, Hines, . Purse,
Bird, ' Micajah Johnston/ Quarierman,
James E. Brown, Thomas Johnston, 'Rawls,
William Jones,
Leonard,
Joseph E. Brown,
Bryan,
Chisolm,
Clayton,
Dunham,
Petrel 1,
Gonder,
Long,
McRae,
Andrew J. Miller,
James A. Miller,
Mosely,
So the motion was lost.
San ford,
John W. G. Smith,
James R. Smith,
Ira. E. Smith,
Spullock,
Tomliitsou,
Woods.
The question then recurred on agreeing to the report ol
the Committee as amended—the report as amended, was
agreed to, the bill was read the third, time and pending the
discussion thereon, Mr. Spullock moved that the Senate do
now adjourn—whereupon the yeas and nays were required
to be recorded, and are yeas 22 ; nays 21.
Those who voted in the affirmative
Bailey,
Byrd,
are Messrs.
James E. Brown,
senate.
155
Bryan,
Chisolm,
Clark,
Dunham,
Eberhart,
Edmondson,
Love,
McBee,
James A. Miller,
Murphy,
Purse,
Quarlerman,
Rawls,
John W. G. Smith,
Ira E. Smith,
Spulloek,
Tdmlinson,
Turner,
Woods.
Those who voted in the negative, are Messrs.
Anderson,
Augustus Beall,
Elias Beall,
Joseph E. Brown,
Clayton,
Cochran,
Ferrell,
Gonder,
Grubbs,
Hi nes,
Micajah Johnston,
Thomas Johnson,
William Jones,
Leonard,
Long,'
McRae,
Andrew J. Miller,
Mosely,
Napier,
San ford,
James R. Smith,
So the motion prevailed, and
The Senate adjourned until ten o'clock to-morrow morn-
ins:.
FRIDAY, December 7th, 1849.
The Senate met pursuant to adjournment.
Mr. Love moved to reconsider so much of the journal of
yesterday as relates to the action of the Senate upon the
bill in relation to Divorces, which was lost.
Mr. Ferrell reported a bill to be entitled an act to extend
and define the corporate limits of the town of West Point, in
Troup county, assented to the 26th day of December, 1S35,
so far as to make the fifth section thereof Constitutional, and
to secure the rights of the present owners of the bridge
erected across the Chattahoochee river in said town, and for
other purposes, which was read the first time.
Also, a bill to be entitled an act to incorporate the Georgia
Constitutional Guards, a Cavalry Company of Troup coun¬
ty, which was read the first time.
Mr. Edmondson reported a bill! to be entitled an act to
incorporate the Georgia Exporting Company, which was
read the first time.
Also, a bill to be entitled an act to incorporate the Dal ton
City Company, which was read the first time.
Also, a bill to be entitled an act to establish and regulate
the inspection of Flour and Corn Meal at Dalton, which.was
read the first time.
Mr. Al J. Miller reported a bill to be entitled an act to de¬
clare and limit the liability of husbands for debts and iia-
156
JOURMAL OF THE
bilities of their wives, incurred before marriage, which was
read the first time.
Mr. Bailey reported a bill toj be entitled, an act to add a
part of the county of Henry to the county of Butts, which
was read the first time.
Mr. Cochran reported a bill to be entitled an act to protect
the people of Georgia against the attempts of the abolitionists
and other evil disposed persons to excite servile insurrection,
which was read to first time.
Mr. Bailey from the Committee on the Judiciary made
the following report-:
The Committee on the Judiciary have^had under con¬
sideration the following bills, and direct the same to be re¬
ported to the Senate with amendments., to wit:
A' bill to regulate the certifying of bills of exceptions upon
causes for the Supreme Court where the presiding Judge and
Counsel or party cannot agree as to what transpired, and to
prescribe a remedy.
Also, a bill to prevent Judges of the several Superior
Courts in this State, from making certain charges or giving
their opinions to or 111 hearing of the Jury, and to define the
same as error.
Mr. J. R. Smith offered the following resolution:
Resolved, by the Senate and House of Representatives, That
his excellency the Governor "be and he is hereby authorized
to employ competent persons to prepare a suitable block of
stone mountain granite,, and have the same conveyed to
Washington City arid placed at the disposal of the Building
Committee of the National Monument to the memory ol the
" Father of his Country f' which was taken, up, read and
agreed to
Mr. Murphy offered the following resolution.:
Resolved, That the hours of meeting of the Senate after the
present week shall be 10 o'clock A. M., and 3 o'clock P. M.,
unless otherwise ordered by the Senate ; which was taken
up, read and agreed to.
The Senate proceeded to the-consideration of the un¬
finished business of yesterday, to wit:
The bill on the preservation and protection of the rights of
married women and the distribution of their estates ; and
on the question, " shall this bill now pass ?" the yeas and
nays were required to be recorded, and arg—yeas 21, nays
23.
Those who voted in the affirmative, are Messrs.
Elias Beall, Hines, Andrew J. Miller,
Chiselm, ' Micajah Johnston, - James A. Miller,"
Clayton, Thomas Johnston, Napier,
Rdmondson, William Jones, Purse,
Feriell, Leonard, Sanford,
Gonder, Long, James R. Smith,
Grubbs, TVIcRae, Tomlinson.
senate.
157
Those who voted in the negative, are Messrs.
Anderson, , Cochran, Rawls,
Bailey, - Dunham,. John W. G. Smith,
Augustus Beali, Eberhart, . Ira E. Smith,
Byrd, Love, Spullock,
James E. Brown, McBee, -Stell,
Joseph E. Brown, Mosely, Turner,
Bryani Murphy, .Woods.
Clark, Quarterman,
So the bill was lost. ,
On motion, the Senate adjourned until three o'clock,
P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Woods made the following report to wit:
The committee to whom was referred the petition of Lott
Warren and others, asking forqi new Judicial circuit consisting
of certain counties therein named, have had the same under
consideration and think that the prayer ofthe petitioners shou Id
be granted, and report a bill to efieet that object, to wit:
A bill to be entitled an act to organize a new Judicial
Circuit to be composed of the counties of Macon and Dooly,
ofthe South Western Circuit, and Houston, Crawford and
Bibb, ofthe Flint Circuit, under the name and style of the
Houston Circuit, and to define the times of holding said
Courts, which was read the first time.
On motion of Mr. Bailey the following bills were taken up,
read the second time and referred to the Committee of the
whole house:
A bill to incorporate the town of Tunnel Hill, in the coun¬
ty of Murray..
A bill to be entitled an act to divorce Eldridge W. Allen
from his wife Mary Ann Allen.
A bill to be entitled an act to limit the number of Secreta¬
ries of the Executive Department and to fix their Salaries.
A bill to be entitled an act to attach the lands and resi¬
dence of Thomas O. Christian of the county of Cass to the
county of Murray, and for other purposes therein contained.
A bill to be entitled an act to appropriate certain hands
to do road duty on the west side of the old post road and
north ofthe Satilla river, in Camden county.
A bill to be entitled an act to incorporate Newhope Bap¬
tist Church, in,the sixth district of Randolph county.
A hi': to be entitled an act to authorize the issue of bonds
ofthe State in lieu of others outstanding.
A bilLto be entitled an act lor the relief ofHeroy McCor-
rnick Ward.
A bill to be entitled an act to alter and amend an act en-
15S
JOURNAL OF THE
titled an act to alter and amend the several Judiciary acts
now in force in this State, so far as relates to Justices
Courts, assented to 14th December, 1811.
A bill to be entitled an act to incorporate Spring Place
Academy, in the county of Murray, and to appoint trustees
for the same.
A bill to be entitled an act to forbid free negroes or free
persons of color from living within the limits of this State,
under certain penalties therein named.
A bill to be entitled an act to authorize the incorporation
of Joint Stock Companies for the construction of Macade-
mized, Graded or Plank roads.
A bill to be entitled an act for the relief of Merrick Barnes
of Baker county.
A bill to be entitled am act to authorize Jacob A. H. Re-
viere of the county of Warren and State of Georgia, to ped¬
dle upon goods, wares and merchandise, within the limits
of the Eighth Congressional District as it is now laid off,
without a license and without being subject to pay a tax
therefor.
A bill to be entitled an act to authorize John L. Reid to
plead and practice law in the several Courts of Law and
Equity in this State.
A bill to be entitled an act ir. relation to the Assignment
of Dower.
A bill to be entitled an act to authorize grants to issue to
the owners of certain fractional lots of land in the county of
Talbot.
A bill to be entitled an act to authorise the Sheriffs, Clerks
and Coroners of Pulaski county to advertise their sales in
some paper published at Milledgeville or at Macon.
A bill to be entitled an act to divorce certain persons
therein named.
A bill to be entitled, on act to regulate the mode of sueing
out cases in this State and to modify the proceedings
thereon.
A bill to be entitled an act to incorporate the First Baptist
Church in the City of Atlanta, and appoint trustees for the
same.
A bill to be entitled an act in addttion to and amendatory
of an act entitled an act to amend an act to incorporate the
town of Marthasville, in the county of DeKalb, passed on
the* 23d day of December, 1843; and also to enlarge the
boundary of said town and to incorporate the same under
the name of the City of Atlanta; and to change the name of
the town of Rome to the City of Rome and provide for the
election of Mayor and Councilmen and other officers of said
Cities, and to confer upon them specific powers and for other
purposes therein mentioned, approved the 29th December,
1847.
SENATE.
15$
The following bill was taken up and read the second time,
and referred to the Committee on Privileges and Elections :
~ A bill to be entitled an act to establish an additional elec¬
tion precinct in the county of Clark.
The following bills of the House of Representatives were
taken up and read the first time :
A bill to be entitled an act to incorporate the Northeastern
Plank and Rail Road Company, of the State of Georgia,
and to punish persons for violating the same.
A bill to he entitled an act to amend an act to provide for
the Education of the Poor, assented to the 27th December,
184-3, so far as relates to the county of Warren.
A bill to be entitled an act to incorporate the Wellington
Academy, of the county of Macon, and appoint Trustees for
the same. 1
A bill to be entitled an act to alter and change the time
of holding the Superior Courts of the county of Macon, of
the Southwestern Circuit, and to require the same to be
held two weeks if necessary.
A bill to be entitled an act to amend the several acts regu¬
lating Roads in this State, so far as respects the operation
of said acts in the counties of Bryan, Liberty, Mcintosh,
Glynn, Camden and Wayne, approved the 8th day of De¬
cember, 1806.
A bill to be entitled an act to change the line between the
counties of Crawford and Macon, so as to add lots number
one hundred and three and one hundred and twenty-two;-
also fractions numbers one hundred and thirty-five, one hun¬
dred and thirty-six and one hundred and thirty-seven, all
in the eighth district of Crawford county, to the county'of
Macon.
A bill to be entitled an act to change and fix the time of
holding the Superior Courts in the Eastern District, so far
as relates to the counties of Bulloch and Effingham.
A bill to be entitled an act to incorporate the Military
Company of Infantry in the county of Marion, in this State,
known by the name and style of the "Marion Blues," and
grant them certain privileges and exemptions therein speci¬
fied.
A bill to be entitled an act to alter and change the line
between the counties of Appling and Telfair, so as to in¬
clude the residence of William Asbell, in the county of Tel¬
fair, and also the line between the counties of Ware and
Telfair, so as to include the residence of David and James
Gaskings, in the county of Telfair.
A biil to be entitled an act to repeal so much of an act as¬
sented to 19th December, 1840, as relates to the consolida¬
tion of the offices of Tax Collector and Receiver of Tax
Returns of the county of Montgomery.
A bill to be entitled an act to make Ellen M. Baker the
160
JOURNAL OF THE
heir of James R. Ware, and to cause her to stand related to
him in all respects as if she were the child of his body, and
for other purposes.
A bill to be entitled an act to authorize and empower John
S. Rowland to establish a ferry or build a bridge across the
Etowah River, on his own land in Cass county, and to take
toll.
. A bill to be entitled an act to grant certain privileges and
immunities to the " Scriven Troop,"' a volunteer corps of
cavalry, in the county of Scriven.
A bill to be entitled an act to authorize the South Wes¬
tern Rail Road Company to construct its Rail Road through
the Public Reserve, adjoining the corporate limits of the city
of Macon, and to grant to said company the use of part of
the said Reserve for a depot.
A bill to be entitled an act to reduce the Sheriff's bonds,
of the county, of Telfair, from the sum of twenty thousand
dollars to the sum of ten thousand dollars.
A bill to be entitled an act to incorporate the Trustees for
Wesley Chapel, Andrew Chapel and Trinity Church, of
the Methodist Episcopal Church, South, in the city of Sa¬
vannah.
A bill to be entitled an act to incorporate Dawson Lodge
No. 67 ; also Burns Lodge No. 56, ofEree Masons, and for
other purposes therein specified.
. A bill to be entitled ah act to grant certain privileges to
the Burke Guards, a Volunteer Infantry .Corps, in the coun¬
ty of Burke.
A bill to be entitled an act to repeal an act entitled an act
to appoint County Treasurers and define their duties, so far
as relates to the county of Troup, and to give the people of
said county the election of Treasurer.
A bill to be entitled an act to authorize William S. Ba¬
rn ill, sen'r., to establish a Ferry across Flint River.
A bill to be entitled an act to alter and amend the Poor
School Laws now in force, so far as respects the county of
Dooly.
A bill to be entitled an act to incorporate the Houston
Branch Rail Road Company, and to authorize said Compa¬
ny to construct a Rail Road from some suitable point on the
Southwestern Rail Road to the town of Perry, in Houston
county.
A bill to be pntitled an act to give to the Justices of the
Peace of'the nine hundred and thirteenth district, G. M.,
the right to hold their Courts two days, and to legalize their
Judicial acts.
A bill to be entitled an act to incorporate the Volunteer
Corps of Dragoons in the county of Houston, and to grant
certain privileges to the same.
A bill to be entitled an act to consolidate the offices of
SENATE.
161
Clerk of the Superior and Inferior Courts for the county of
Talbot.
A bill to be entitled an act to repeal an act entitled an act
to extend the corporate limits of the town of Talbotton, in
Talbot county.
A bill to be entitled an act to authorize James'J. Logan
to build and keep up a mill dam across Notly River, in the
county of Union.
A bill to be entitled an act for the relief of Henry D.
Moor.
A bill to be entitled an act to relieve William W. Barton
and Ephram G. Ponder and their sureties from all liability
under their respective recognizance for their appearance at
the May term, 1849, of Chatham Superior Court.
A bill to be entitled an act to reduce the official bond of
Sheriffs hereafter to be elected in the county of Franklin,
from the sum of twenty thousand dollars to the sum of ten
thousand dollars.
A bill to be entitled an act to allow the Sheriffs of Chat¬
ham county certain fees which are not provided for by law,
and to allow them to appoint Special Deputy Sheriffs in cer¬
tain cases.
A bill to be entitled an act to repeal an act to incorporate
the Campbellton Bridge Company, and to authorize them to
build a bridge across Chattahoochee River, approved De¬
cember 29th, 1847.
A bill to be entitled an act for the relief of James King, of
the county of Cherokee.
A bill to be entitled an act to incorporate the " Griffin and
West Point Plank Road Company," for the purpose of con¬
structing a Plank Road from Griffin to the town of West
Point, in Troup county, and to punish those who may wil¬
fully injure the same.
The following message was received from the House of
Representatives by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have pas¬
sed the bill of the Senate to be entitled an act to change the
time of holding the Inferior Court for the county of Troup.
Also, the following bills, which originated in the House of
Representatives, to wit:
A bill to provide for the safe custody of persons convicted
of any capital offence, after being respited by the Governor.
A bill to incorporate the Sumter Cavalry, in the county of
Sumter.
A bill to incorporate the Marshallvdle Academy and ap¬
point Trustees for the same.
A bill to compensate the Petit Jurors of Early County
and to provide a fund for the same.
r 11
162
JOURNAL OF THE
A bill to amend an act to incorporate the South Western
Rail Road Company and for other purposes.
A bill to alter and change the line between the counties
of Ware and Wayne so as to include the residences of Tho¬
mas Pardom, -James Ammons and Wiley Robinson in the
county of Wayne.
A bill for the relief of David Dobbs of the. county of
Cobb.
A bill to incorporate Hamilton Lodge, No. 16, of Har¬
ris county.
A bill to impose certain duties on the Treasurer and
Trustee of the Poor School Fund of the county of Burke.
A bill to revise and amend an act entitled an act to make
permanent the public buildings in the county of Pike and
incorporate the same.
A bill to alter and define certain portions of the"boundary
lines between the counties of Taliaferro and Warren, and
the counties of Taliaferro and Hancock and for other pur¬
poses therein specified.
A bill to authorize James Gowdy of Lumpkin county to
erect and keep up his bridge across the Chestatee river in
said county on his own land and to charge toll.
A bill to alter and amend an act to provide for the com¬
pensation of Grand Jurors of Lumpkin county, passed De¬
cember 7th, 1843 ; also, to provide for the compensation of
Petit Jurors in the Superior and Inferior Courts of said
county.
A bill for the relief ofCharles B. Lombard and for other
purposes.
A bill to compensate Petit Jurors in the county of Wash¬
ington and to provide for and regulate the manner of paying
the same.
A, bill to revive and make of force an act to incorporate
the Thomaston and Barnesville Rail Road Company with
power to construct a Rail Road from some point on the Mon¬
roe Rail Road at or near Barnesville in Pike county, to the
town of Thomaston in Upson county, and to punish those
who may wilfully injure the same and to confer all corpo¬
rate powers necessary to effect said object, assented to De¬
cember 23d, 1839.
A bill to compensate Petit Jurors in the county of
Houston.
A bill to amend the first section of an act entitled an act
to amend an act assented to on the 23d day of December,
1S30, incorporating with other academies the Female Acad¬
emy of Talbotton and to appoint additional trustees for
the same.
A bill to make residence in the Judicial district a neces¬
sary qualification for State Attorney and Solicitors General.
SENATE.
163
A bill to authorize Samuel C. Lippett to establish a ferry
across Flint River.
A bill to authorize Frederic A. Williams to erect a Bridge
across the Chattahoochee river on his own land.
The following bills of the House of Representatives were
taken up and read the second time and referred to the com¬
mittee of the whole House :
A bill for the relief ol Mary Louisa Pritchard.
A bill to add lot number one in the third district of Baker
county to Randolph county.
A bill to authorize Hardy Strickland of the county of For¬
syth, administrator upon the estate of Mark W. Killings-
worth, deceased, of the county of DeKalb, to make his
returns in the county of Forsyth.
A bill to incorporate Lafayette Chapter, No. 12, and
Darley Lodge No. 17, in the town of Fort Gaines in the
county of Early.
A bill to incorporate Rising Sun Lodge, No. 20, Reids-
ville, Tattnall county.
A bill to provide for the compensation of Grand and Petit
Jurors of the Superior and Inferior Courts of the county of
Elbert and to repeal all former laws.
A bill to be entitled an act to curtail and simplify civil
pleadings.
A bill to authorize the settlement of criminal prosecutions
in certain cases, and to regulate more particularly the du¬
ties of the Attorney and Solicitors General and fix their lia¬
bilities.
A bill to authorize Mark Water and Company to establish
a ferry across the Chattahoochee river on th&ir own land in
the counties of Gwinnett and Forsyth. •
A bill to be entitled an act for the relief of John C. Whit-
worth, administrator of the estate of Elijah Hill, deceased.
A bill to repeal an act consolidating the offices of Clerk of
the Superior and Inferior Courts of the county of Emanuel.
A bill to authorize Osborne A. Lochrane of the county of
Clark, to plead and practice law in the several Courts of
Law and Equity in this State on certain conditions therein
named*
A bill to authorize Mrs. Elizabeth Montfort to erect a mill
dam across Flint river in the county of Crawford upon cer-
ditions.
A bill to be entitled an act to change the boundary line
between the counties of Cobb and Paulding.
A bill to establish additional election precincts in the
county of Habersham.
A bill to incorporate the town of Oglethorpe in the county
of Macon.
A bill to be entitled an act in relation to the holding of the
Inferior Courts and Courts of Ordinary in Glynn county.
164
JOURNAL OF THE
A bill to amend "the several acts in relation to issuing of
grants on head rights in this State, so far as to extend the
time for granting the.same until the twenty-fifth of Decem¬
ber, eighteen hundred and fifty-one.
A bill to authorize and require the Judge of the Superior
Courts in the Coweta Circuit to hold Court in the counties of
DeKalb and Coweta two weeks at each term of said Courts
unless the business of said Courts can be done in a shorter
time, and to provide for the same.
A bill to authorize the Justices of the Inferior Court of
Elbert county to levy an extra tax for the purpose of building
a Court House in said county.
The following bills of the House of Representatives were
taken up and read the second time, and referred to the Com¬
mittee on " Public Education and Free Schools:"
A bill to be entitled an act to amend an act to provide for
the education of the poor so far as the counties of Rabun and
Union are concerned.
Also, a bill for the relief of poor children in the county of
Gwinnett.
The bill of the House of Representatives to fix and make
permanent the places of holding elections in the several pre¬
cincts in the county of Murray, was taken up and read the
second time, and on motion, referred to the Committee on
" Privileges and Elections."
The bill of the House of Representatives to repeal so much
of the act entitled an act to grant certain privileges and im¬
munities to the Hancock Guards, a Volunteer Company in
the county of Hancock, and to> the Harris county Cavalry, a
Volunteer Company in the county of Harris, as relates to the
Harris county Cavalry, was taken up and read the second
time and referred to. the Committee on the Military.
The Joint Standing Committee on the Penitentiary beg
leave to report that they have made such investigation into
the condition of the Penitentiary from the books and vouch¬
ers presented to them by the officers, as satisfies them, and in¬
deed renders the fact beyond question, that the Institution
is in a better condition than at any former period as will
more fully appear from the tabular statement annexed to this
report.
The Committee commenced their investigation of the
financial condition of the Institution from the 1st of January,
1848, and brought it down to the 1st of October, 1849, and
feel confident that the following condensed statement will
show the true condition of the Penitentiary for that period, as
nearly as can be approximated to, without some other mode of
ascertaining the value of its assets.
That the Institution has been efficiently conducted beyond
precedent, and that its profits are not on paper alone, is suf¬
ficiently apparent from the fact that it asks no legislative
senate.
165
aid, and has paid largely over eight thousand dollars of old
debts.
Notwithstanding all these facts, your Committee believe
some changes necessary in the management of the Institu¬
tion to remedy existing defects, made so by Legislative en¬
actment.
1st. The Principal Keeper should be allowed «to use his
discretion in reference to the time the convicts should be
confined to their cells on the Sabbath.
2d. The interest of the Institution demand the appoint¬
ment of an additional Book Keeper as Principal Keeper's
Clerk, whose office shall be within the walls, and who shall
open a set of Books on the double entry system, who shall
also be the issuing officer to the various work-shops.
3d. The office of Inspector should be abolished and the
Book Keeper be made the purchasing officer in addition to
his other duties, and his salary increased proportionably, and
a time fixed by law for the collection of debts due the Insti¬
tution.
4th. The law requiring quarterly reports to be made to
the Governor by the Principal Keeper, should be repealed,
annual reports answering all the purposes intended by quar¬
terly reports; also the law requiring the Governor to appoiqt
a Committee annually to take an inventory of the. stock in
the Penitentiary. The labors of the Committee cost the
'State a very considerable sum without any corresponding
benefit.
5th. The removal of a portion of the convicts to Atlanta
or some point on the Western and Atlantic Rail Road to be
employed on said road.
All of which your Committee propose to effect by the pas¬
sage of the bills accompanying this report.
W. W. Williamson, Principal Keeper.
DR.
Oct. 1849.' To amount of materials on hand re-
' ceived of A. W. Redding,
Amount of materials received of In¬
spector during the political years
1848 and 1849,
Expense paid by Book-Keeper same
time,
Error in amount against the United
States, 26 52
21,230. 75
30,084 71
21,008 72
$72,350 70
JOURNAL OF THE
56,534 73
1,064 00
35 42
8,797 57
5,341 14
27 00
273 11
21,631 32
$93,704 29
Amount of debts, 72,350 70
Balance in favor of profits, 21,353 59 $93,704 29
From the foregoing exhibit it will be seen that the profits
of the institution for the seven quarters for which it is made,
amount to 21,353 59-100 dollars—the necessary vouchers
for the credits given the institution have been shown the
Committee.
In conclusion, your Committee take pleasure in bearing
testimony to the neat and business-like manner in which
they find the books of the different departments, kept by the
officers of these departments, and feel that the thanks of the
Committee are due them for the facilities afforded the Com¬
mittee in their investigations,
All of which is respectfully submitted.
JOSEPH E. BROWN,
ALLEN COCHRAN,
MiCAJAH JOHNSON.
Mr. Joseph E. Brown reported a bill to be entitled an act
for the removal of a portion of the convicts in the Peniten¬
tiary to Atlanta, and to provide for their government, which
was read the first time.
Also, a bill to be entitled an act for the better govern¬
ment of the Penitentiary, and for other purposes, which was
read the first time.
Mr. Quarterman reported a bill to be entitled an act to
authorise the Justices of the Inferior Court of the county of
CR.
By manufactured articles and job
work turned over to Book Keeper
during years 1848 and 1849,
Accounts against United States same
time,
Interest received on notes due the
Penitentiary,
Old debts contracted by previous
• administration and paid by Prin¬
cipal Keeper,
Overcharged for leather issued from
Tan Yard during the years 1848
and 1849, not otherwise account¬
ed for,
Loss on 4500 Brick turned over
by A. W. Redding, former Prin¬
cipal Keeper, found to be broken
and worthless, at $6 per.M.
Reduction on stock,
Balance of material,
senate.
167
Liberty to sell a tract of land known as the parade ground
in said county, which was read the first time.
Mr. Stell from the Committee on Enrolment reported as
duly enrolled and ready for the signature of the President of
the Senate, "an act to change the time of holding the Infe¬
rior Court for the county of Troup."
Leave of absence was granted to Mr. Sanford for a few
days.
On motion, the Senate adjourned until 10 o'clock to-mor¬
row morning.
SATURDAY; December 8, 1849.
The Senate met pursuant to adjournment.
< )n motion of Mr. A. J. Miller the resolution of the House
of Representatives-, appointing Messrs. Stephens, Lawton,
Jenkins, Phillips and Tucker, a select committee to act
with such committee as may be appointed on the part of the
Senate, upon the memorial of the heirs-at-law of Captain
David McCullough, praying compensation for supplies fur¬
nished to the State of Georgia during the Revolutionary
War, and requesting the appointment of a similar committee
on the part of the Senate, for the purpose therein indicated,
was taken up, read and concurred in, and on motion Messrs.
A. J. Miller, Stell and Augustus Beall were appointed a
committee on the part of the Senate.
Mr. J, W. G Smith reported a bill to be entitled an act
to alter and amend an act entitled an act to lay off and di¬
vide the State into eight Congressional districts, and to point
out the mode of electing members to Congress in each dis¬
trict, and to provide against illegal voting, assented to De¬
cember 28, 1843, which was read the first time; and on
motion of Mr. A. J. Miller, fifty copies were ordered to be
printed for the use of the Senate.
Also, a bill to be entitled an act to entitle Mary Holmes,
of the county of Pike, to the estate of her child, Walter J.
Wills, deceased, provided the same shall be an escheat,
which was read the first time.
Mr. Tomlinson reported a bill for the relief of Patrick
Bradv and John Myrick of the county of Sumter, which
was read the first time*
Mr. A. J. Miller reported p bill to be entitled an act in
relation to public offices, and to punish certain offenders in
relation thereto, which was read the first time.
On motion the Senate took up the following resolution of
the House of Representatives, to wit:
Be it resolved by the Senate and House of Representatives of
168
JOURNAL OF THE
this State in General Assembly convened, That at the next
General Election for Governor and members of the Legis¬
lature, the people of this State be requested to express their
wishes as to the manner in which the Judges of the Superior
Courts shall thereafter be elected, by endorsing on their
tickets " by the Legislature," or " by the people^" and on
motion of Mr. Murphy, the resolution was made the special
order of the day for Tuesday, eleventh instant.
On motion of Mr. Ferrell the Senate took upas the report
of the Committee of the whole the bill of the House of Rep¬
resentatives, to amend an act incorporating the Atlanta and
Lagrange Rail Rond Company. The report was agreed to,
the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to point out and regulate the manner in which
the returns of the several Banking Institutions of this State
shall hereafter be made, and upon the first section being
read as follows, to wit:
Be it enacted by the Senate and House of Representatives of
the State of Georgia in General. Assembly met, audit is hereby
enacted by the authority of the same, That after the passage
of this act, his excellency the Governor of this State shall
twice in each and every year require by public advertise¬
ment for at least two weeks in a Gazette printed at the Seat,
of Government, each and every Bank and Banking Institu¬
tion in this State, to make a just and true return under the
oath or affirmation of its President and Cashier, of the §tate
and condition of such Bank or Banking Institution on the
day of the regular weekly meeting of the President and Di¬
rectors thereof, next preceding the date of such requisition
by the Governor; and it shall be the duty of each and every
Bank and Banking Institution within thirty days after the
date of such call by the Governor, arid under the penalty
now prescribed by law for a failure to make return, to make
and transmit to the Governor such return so required in lieu
and stead of the return heretofore required.
Mr. A. J. Miller moved to amend by inserting after the
words " condition of such Bank or Banking Institution," the
following words, to wit: " the names of its President and
(Directors and a list of its Stockholders," which was agreed
to.
Mr. A. J. Miller moved to amend further by adding the
following as an additional section :
And, be it further enacted, That when any Bank or Bank¬
ing Institution shall make the return required by this act,
the same shall be published by such corporation within the
tin?e.\ under the penalties and in the manner prescribed by
exisiing laws, publishing the list of Stockholders once a year
only—whichwas agreed to. The report as amended was
agreed to, the bill was read the third time and passed.
SENATE.
169
The Senate took up as the report of the Commiltee of the
\tfhole, the bill to prevent Judges of the several Superior
Courts in this State from making certain charges or giving
their opinions to or in hearing of the jury and to define the
same as error, and. on the first section being read as follows,
to wit:
Be it enacted by'the Senate and House of Representatives in
General Assembly met, and it is hereby enacted by authority of the
same, That from and after the passage of this act it shall
not be lawful for any or either of the Judges of the several
Superior Courts of this State in the trial of any cause
whether civil or criminal or in Equity, to charge the jury as
to what are the facts in the cause, or at anytime during .its
progress to express or intimate to them his opinion as to
what has or has not been proven, or of the guilt or innocence
of an accused.
Mr. Bailey moved to amend by siriking out the words
"the trial of," which was agreed to.
Mr. Bailey moved to amend further by striking out all
after the words " or in Equity," and inserting in lieu thereof
the.following, to wit: " during its progress or in his charge
to the jury, to express or intimate his opinion as to whqthas
or has not been proved, or as to the guilt of an accused."
which was agreed to. The report as amended was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to prescribe the manner of creating trusts in
personal property and separate estates in said property, and
on the first section being read as follows, to wit:
Be it enacted by the Senate and House of Representatives of
the State of Georgia in General Assembly met, and it is hereby
enacted by authority of the same, That from and after the pas¬
sage of this act no express trusts in personal property shall
be created or manifested, nor shall any sole and separate
estate be created in personal property unless the same be in
writing, signed by the party making the same, if by deed,
the same shall be signed, sealed and delivered, and recorded
as deeds of real estate are now; and if by will, then as wills
of personal property are made and executed, any law to the
contrary notwithstanding.
Mr. A. J. Miller moved to amend by striking out the word
"express," which was agreed to.
Mr. Bailey moved to amend further by inserting after the
words " separate estate," the following words, to wit: "in a
feme covert," which was agreed to. The report as amended
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to regulate the certifying of Bills of Exceptions
upon causes for the Supreme Court, when the presiding
Judge and Counsel or party cannot aerree as to what trans-.
170
JOURNAL OP THE
pired, and to prescribe a remedy; and upon the second sec¬
tion being read as follows, to wit: '
And be it enacted by the authority ajoresaid, That should
such presiding Judge refuse to certify or to give his reason
in writing for such refusal, or to certify after such affidavit
or affidavits shall be presented to him, sustaining such bill
of exceptions in whole or upon the disputed points in accord¬
ance therewith, then such party, his or her counsel, within
the time now allovved by law for signing and filing bills of
exceptions, shall file such refused bill of exception, affidavit
or affidavits ; and the refusal to certify, if in writing in the
Clerk's office of the Superior Court of the county in which
said cause has transpired, together with an original notice
notifying such Judge in writing that he having refused to
certify to the hill of exceptions presented in the cause therein
named, that he or they shall apply at the next term of the
Supreme Court of this State, to which said cause is return¬
able by existing laws for a mandamus in the .premises, com¬
pelling him to certify, and then and there to shew cause why
the same should not be signed by the party or parties, his,
her or their Attorney, and served upon such Judge in per¬
son, or by leaving the same at his most notorious place of
abode by a Sheriff or Deputy, or any Attorney at Law in
thb State, except he is a party or interested, at any time be¬
fore the filing aforesaid, whose return on the original notice
shall be sufficient evidence of service, and which service may
also be acknowledged ; whereupon it shall be the duty of
Clerk to send up to the Supreme Court within the time now
prescribed for him by law, such bill of exceptions, affida¬
vit or affidavits, and refusal or reason for not certifying if
in writing and filed.
Mr. A. J. Miller moved to amend by striking out the fol¬
lowing words, to wit: "or to give his reason in writing for
such refusal or to certify," which was agreed to.
Mr. Clark moved to amend further by striking out all after
the words " has transpired," together with the third and
fourth sections of the bill, and insert in lieu thereof the follow¬
ing, to wit :
" Together with an affidavit of the Attorney filing such
bill of exceptions, or of the party excepting, if he have no
Attorney, of the truth of such bill of exceptions shall be as
good and effectual as if the same had been certified by the
Judge ; and the notice, Writ of Error and Citation shall be
served and filed as is now required by law, said notice
stating such refusal of the Judge and the making of said
affidavit," which was agr'eed to—the report as amended,
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole the bill to authorize the legal representatives of intes¬
tates and testators of other States to sue in this State.
SENATE.
171
Mr. Joseph E. Brown moved to amend by inserting the
word "Guardian" after the word " Executrix," wherever it
occurs in the bill, which was agreed to; and on the second
section being read as follows, to wit:
And be it further enacted by the authority aforesaid, That
said Plaintiff, his, her or their agent, may use any of the
common law or statuary means or remedies now in force in
this State, by complying with the distinct provisions of said
laws as other Plaintiffs.
Mr. Bailey moved to amend by inserting after the word
" agent," the following words, to wit: " or Attorney at
Law," which was agreed to. The report as amended was
agreed to, the bill was read the third time and passed.
he Senate took up as the report of the Committee of the
whole, the bill to be entitled an act amendatory of the
Statute of Limitations ; the report was agreed to, the bilL
was read the third time and passed.
The Senate took up- as the report of the Committee of the
whole, the bill to declare the lien of judgments upon Equita¬
ble property ; the report was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to prohibit the Reporter of the decisions of the
Supreme Court of this State from incorporating into said
Reports the arguments and briefs of counsel, further than a
statement of the points made and authorities referred to by
said counsel, and on the caption being read as above,
Mr. A. J. Miller moved to amend by striking out the
whole caption and inserting the following, to wit:
" A bill to be entitled an act to amend the several acts in
relation to the Supreme Court, so far as they relate to the
Reporter and- Assistant Reporter," which was agreed to.
On the first section of the bill being read as follows : .
Be it enacted by the Senate and House of Representatives
of the State of Georgia in General Assembly met, and, it is
hereby enacted by the authority of the same, That it shall not be
lawful for the Reporter of the decisions of the Supreme
Court of this State in any case hereafter to incorporate into
or publish with the decisions of said Court, or to insert into
any volume of said reports any argument or brief of counsel
further than a simple statement or brief of the authorities
referred to by said counsel, and the points made, without
any further note or comment."
Mr. A. J. Miller moved to amend by inserting after the
words " the Reporter of the decisions of the Supreme Court
of this State,"" the words "'or his assistant," which was
agreed to.
Mr. A. J. Miller moved to amend further by striking out
after the words "points made," the words " without any
172
JOURNAL OF THE
further note or comment," which was agreed to, and on the
second and third sections being read as follows :
2d. "And be it jurther enacted, That the said Reporter
shall forfeit fifty dollars out of his salary for every violation
of this act."
Sec. 3. And be it farther enacted, That all laws and paits
of laws militating against this act, be, and the same are
hereby repealed."
Mr. A. J. Miller moved to amend by striking out the
whole of the two sections, and inserting the following, to
wit:
Sec. 2. And be it further enacted, That the Reporter shall de¬
liver to his excellency the Governor, for the use of the State,
sixty copies of each of the volumes of the decisions of said
Supreme Court, instead of the number heretofore required
to be furnished him to the State and the Clerks of the
Superior Court of each county, and that neither the Report¬
er of said Court nor his assistant, shall during their service,
appear as counsel, or act as attorney in any cause in said
Court," which was agreed to.
The report as amended, was agreed to, the bill read the
third time and passed.
The following message was received from the House of
Representatives, by Mr. Harrisoin, their Clerk':
Mr. President—The House of Representatives have
passed the bill of the Senate to regulate the election of con¬
stables in the city of Savannah. Also a bill of the House to
alter and amend the eleventh and thirteenth sections of the
sixth division of the Penal Code; and a bill to protect the
people of this State from vexatious prosecutions in cases
where Grand Juries have refused or may hereafter refuse to
find true bills.
Mr. A. J. Miller made the following report:
The Select Committee, to whom was referred the bills
proposing to change the time and places of holding the ses¬
sions of the Supreme Court, have had the same under con¬
sideration, and report an amendment to be received in lieu
of said original bills, which they recommend to the favora¬
ble consideration of the Senate.
The Senate took up as the report of the Committee of the
whole, a bill to separate and divorce Frances E. Haftsfield
and William D. Hartsfield, her husband, and to change the
name of the said Frances E. Hartsfield to that of Frances
E. Cleveland. . The report was agreed to, the bill was read
the third time and on motion of Mr. Stell, laid on the table
for the present.
The Senate look up as the report of the Committee of
the whole, a bill to separate and divorce Elias Lay and his
SENATE.
173,
wife Rebecca Lay, formerly Rebecca Connally. The re¬
port was agreed, the bill was read the third time and lost.
- On motion of Mr. Bailey, the Senate took up as a report
of the Committee of the whole, the reconsidered bill to be
entitled an act to "define the rights of complainants in equity
in certain cases ; on the first section being read as follows,
to wit:
Be it enacted by the Senate and House of Representatives of
the State of Georgia, in General Assembly met, and it is hereby
enacted by the authority aforesaid, That in all cases where a
party complainant in any and all cases in equity shall ob¬
tain any process of injunction ne exeat or quia timet, and if
any property shall be levied on, detained or attached by vir¬
tue of such process, then and in all such cases, the com¬
plaint in equity shall have a prior lien upon such property
to satisfy any judgment to be rendered in such cases, to the
exclusion of other subsequent judgments, unless such pro¬
perty has been levied on by attachment process.
Mr. Bailey moved to amend by inserting after the words
"has been," and before the words " levied on," the word
" previously," which was agreed io. The report as amend¬
ed, was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, a bill to regulate the Testimony of Attorneys at
Law ; the first section being read as follows, to wit:
Be it enacted by the Senate and House of Representatives of
the State of Georgia, in General Assembly met, and it is hereby
enacted by the authority of the same, That from and after, the
passage of this act, it shall not be lawful for any attorney at
law or in equity to give testimony in any Court of Law or
Equity in this State, of any matter or thing, either for or
against his client, the knowledge of which he may have ac¬
quired from his client, or during the existence of the rela¬
tionship of client and attorney—provided neveitheless that
no attorney shall be exempted from making answer as defend¬
ant, where a proper case shall be made in equity and his
answer required as by the law now in existence.
Mr. Murphy moved to amend by inserting after the words
"in equity," and before the words " tp give testimony," the
words " in any case hereafter commenced," which was
agreed to.
Mr. A. J. Miller moved to amend further, by inserting
after the word " existence," the words " and by reason,"
which was agreed to. The report as amended, was agreed
to,'the bill was read the third time and passed.
Mr. Stell, from the Committee on Enrolment, reported
as duly enrolled and ready for the signature of the Presi¬
dent of the Senate, an act to regulate the mode of electing
constables in the city of Savannah, and to repeal so much
174
JOURNAL OF THE
of an act assented to 23d of December, 1831, as relates to
the election of constables of said city.
The rule was suspended and Mr. William Jones reported
a bill to be entitled an act to alter and amend an act entitled
an act to carry into effect the alterations ^,nd amendments
at this session of the General Assembly, (to wit: the session
of 1843.) in arid to the third and seventh sections of the first
article of the Constitution of this State, assented to twenty-
third December, 1843, so far as relates to the Senatorial
Districts, which was read the first time, and on motion of
Mr, A. J. Miller, fifty copies of the bill were ordered to be
printed for the use of the Senate.
Leave of absence was granted to Mr. Dunham for a few
days. -
On motion,
The Senate adjourned until ten o'clock Monday morning.
MONDAY, DEC. 10, 1849.
The Senate met pursuant to adjournment.
Leave of absence Was granted to Messrs Grubbs, McBee
and Stell, for a few days after to day.
Mr. Ferrell reported a bill to be entitled an act to incorpo¬
rate the LaGrange Collegiate Seminary for young ladies,
which was read the first time.
Mr'. Purse reported a bill to be entitled an act to incorpo¬
rate the Southern Education Society, which was read the
first time.
The following message was received from his excellency
the Governor, by Mr. Patton, his Secretary:
Mr. President—His excellency the Governor has approv¬
ed and signed the following acts, to-wit:
An act to change the time of holding the Inferior Court
for the county of Troup.
An act to regulate the mode of election of Constables in
the city of Savannah, and to repeal so much of an act as¬
sented to 23d December 1831, as relates to the election of
Constables in said city. And
An act amendatory of and in addition to the various acts
heretofore passed in reference to the city of Savannah,
which I am directed to return to this branch of the General
Assembly.
Mr. Purse reported a bill to be entitled an act to amend
an act to incorporate an Insurance Company to be called
"The Savannah Mutual Insurance Company," passed De¬
cember 30th, 1847, which was read the first time.
Mr. Edmondson reported a bill to be entitled an act to
senate.
175
amend an act incorporating the city of Dalton in Murray
county, approved 29th December, 1847, which was read the
first time*
Mr. Joseph E. Brown reported a bill to be entitled an act
to incorporate "The Southern Central University of Geor¬
gia" at Dalton, which was read the first time.
Also, a bill to be entitled an act to incorporate the "Dal¬
ton Female College," which was read the first time.
Mr. Byrd reported a bill to be entitled an act to authorize
the Justices of the Inferior Court of Forsyth county to re¬
tain the general tax of said county for the years eighteen
hundred and fifty and eighteen hundred and fifty-one, to be
applied to the building of a brick Court House in said
county, which was read the first time.
Also, a bill, to be entitled an act for the relief of the
teachers of poor children of the county of Hall for the year
eighteen hundred and forty-five, which was read the first
time.
Also, a bill to be entitled an act for the relief of Henry
W. Blake of the county of Hall, which was read the first
time.
Mr. Augustus Bea.ll, reported a bill to be entitled an act
to revive the several acts .passed by former Legislatures of
this State, incorporating the town of Crawfordville in the
county of Taliaferro, which was read the first time.
On motion of Mr. A. J. Miller, the rules were suspended
and the Senate took up as the report of the Committee of the
whole, a bill to authorize the issue of bonds of the State in
lieu of others outstanding.
And on reading the second section as follows, to-wit:
"Be it further enacted, That such new bonds and the cou¬
pons for interest shall be made payable at such place within
this State as the Governor may deem most advisable."
Mr. A. J. Miller moved to amend by adding the following
words, to-wit:" "said coupons to be issued under such
guards and checks as the Governor may deem advisable to
prevent loss to the State," which was agreed to. The re¬
port as amended was agreed to, the bill was read the third
time and passed.
On motion of Mr. William Jones, the rules were further
suspended and the Senate took up as the report of the Com¬
mittee of the whole, the bill to change the time of holding
the Superior and Inferior Courts in the county of Lowndes.
Mr. William Jones offered as a substitute to the bill, the
following, to-wit: '
A fill to be entitled an act to change the time of holding
the Superior Courts of the counties of Thomas, Lowndes.
Ware, Appling, Laurens, Pulaski, Telfair, Irwin and
Twiggs, also the Inferior Court of the county of Lowndes."
Sec. 1. Be it enacted by the Senate and House of Represeti-
176
JOURNAL OF THE
tatives of the Slate of Georgia, in General Assembly met and it
is hereby enacted by the authority of the same, That the time of
holding the Superior Courts of the counties hereinafter
named, shall be and are hereby changed to the times here¬
inafter specified, to-wit: The tipie,of holding the Superior
Court of the county of Thomas, shall be on the sebond Mon¬
day in February and August of each year, of the county of
Lowndes on the third Monday in February and August of
each year, of the county of Ware on the fourth Monday in
February and August of each year, of the county of Appling
on Thursdays following the fourth Monday in February and
August of each year, of the county of Laurens on the first
Monday in March and September of each year, of the county
of Pulaski on the second Monday in March and September
of each year, of the county of Telfair on the third Monday
in March and September of each year, of the county of
Irwin on Thursdays following the third Mondays of March
and Septemberof each year, of the county of Twiggs on the
second Monday of April and October of each year.
Sec. 2. And be it further enacted, That the time of hold¬
ing the Inferior Court of the county of Lowndes be chang¬
ed from the first Monday in February and August to the
fourth Monday in March and September of each year.
Sec. 3d. And be it further enacted, That all laws and parts
of laws militating against this act be and the same are
hereby repealed."
Mr. A. J. Miller moved to amend the substitute by adding
the following sections, to-wit:
(lAnd be it further enacted, That the Superior Court of the
county of Columbia shall hereafter be held on the third Mori-
da}' in March and September of each year, and that the Infe¬
rior Court of said county shall hereafter be held on the first
Monday in February and July of each year."
" And be it further enacted, That the Inferior Court of the
county of Richmond shall hereafter be held on the Thursday
after the first Monday in March and.September in each year,"
which was agreed to.
Mr. A. J. Miller moved to amend the caption by adding
the words "the Superior and Inferior Courts of Columbia
county and the Inferior Court of Richmond county," which
was agreed to. The substitute as amended was received in
lieu of the original bill, and the report as amended was
agreed to, the bill was read the third time and passed.
On motion of Mr. Love, the rules were further suspended
and the Senate took up as the report of the Committee of the
whole, the bill, to abolish costs in the Supreme Court of the
State of Georgia and to provide a salary for the Clerk of
said Court.
Mr. Love moved to amend by adding two additional sec¬
tions as follows:
senate.
177
" And be it further enacted, That any parties, plaintiffs or
defendants who shall make affidavit that they are advised by
their counsel and do verily believe that error has been com¬
mitted upon the trial in the Court below, may carry up their
cases to the Supreme Court under such laws, rules and regu¬
lations as are now in force."
And be it further enacted, That the Clerk of the Supreme
Court be and he is hereby authorized to employ an assistant
or deputy clerk who shall receive a salary of three hundred
dollars, which shall be paid as the salary of the principal
clerk," which was agreed to.
Mr. John Jones offered as a substitute to the bill the fol¬
lowing, to-wit: "A bill to be entitled an act to curtail the
labor of the Clerk of the Supreme Court, and to reduce the
costs in said Court.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives in General Assembly met, and it is hereby enacted' by
the authority of the same, That from and after the passage of
this act the Clerk of the Supreme Court shall not be requir¬
ed to record the judgment or opinion of the Court in cases
decided in said Court.
Sec. 2. And be it further enacted, That it shall be sufficient
in all cases for the Clerk of the Supreme Court to sign his
name as Clerk to the writ of error, certiorari, or remittitur, or
to any other paper, which it may be necessary to attach his
official signature, and that it shall not be. necessary to attach
a seal to any office paper or other paper issuing out of his
office,
Sec. 3. And be it further enacted, That when exceptions
are filed in any case in the Superior Court, the Clerk of the
Superior Court shall make out a copy of the bill of exceptions•
and send it up to the Supreme Court on or before the first
day of the Court to which the writ of error is returnable, with
the transcript of the record, and file the original bill of excep¬
tions in his office for the inspection of all persons interested.
Sec. 4. And be it further enacted, That the remittitur shall
consist of the opinion of the Supreme Court and nothing
more.
Sec. 5. And be it further enacted, That the Clerk of the
Supreme Court shall make no charge but for services actu¬
ally performed,..and for such services he shall be allowed
the same costs as are allowed by law to the Clerks of the
Superior Courts of this State. The substitute was rejected-
The report as amended was. agreed to, and on the*
question:41 shall this bill now pass?" the yeas and nays
were required to be recorded, and are—yeas 18 and nays
2°.
Those who voted in the affirmative, are Messrs.
Anderson, Augustus Beall. Chisolm,
178
journal of the
Edmondson, Love, James R. Smith,
Grubbs, McRae, Ira E. Smith,
Micajah Johnston, Quarterman, Spullock,
William Jones, Rawls, Tomlinson,
Long, John W. G. Smith, Turner.
Those who voted in the negative, are Messrs.
Elias Beall, Cochran, Andrew J. Miller,
Byrd, Eberhart, James A. Miller,
James E. Brown, Ferrrell, Murphy,
Joseph E. Brown, Hines, Purse,
Bryan, Thomas Johnson, Stell,
Clark, John Jones, Woods.
Clayton, Leonard,
So the bill was lost.
The Senate took up as the report of the Committee of the
whole, a bill to change the time of holding elections for
members to represent the people of this State in the Con¬
gress of the United States.
Mr. John Jones moved to amend by adding the following
section, to-wit:
" Sec. 2d. And be it further enacted, That in case of an ex¬
tra session of the Congress of the United States before the
first day of November in any year in which said election is
to take place as provided in the'foregoing section, it shall
be the duty of his excellency the Governor to issue his proc¬
lamation ordering an election for Representatives in Con¬
gress on such day as he may deem advisable, and the elec¬
tion held on such day shall be held, conducted, and the
proper returns made to the Governor as if the same were
held at the regular time fixed by law," which was agreed
to, and on motion of Mr. Murphy, the report as amended
was laid on the table for the present.
The Senate took up as the report of "the Committee of the
whole, a bill to be entitled an act to amend an act to incor¬
porate the Relief Society of the Georgia Annual.Conference
of the Methodist Episcopal Church, assented to, December
22, A. D., 1838, by adding the word "South."
Mr. A. J. Miller moved to amend by adding the following
section:
" And he it further enacted, That the Trustees of the "First
Presbyterian Church in Augusta" shall be and they are
hereby authorized to hold any lot of land that may have'been
heretofore or may hereafter be conveyed to them or said cor¬
poration, and which may be used as a parsonage, and shall
be authorized to receive and hold in the name of said corpo¬
ration any lot of land in the city of Augusta, conveyed, to
be used as a site for a Missionary Church under the care of
said First Presbyterian Church," which was agreed to.
SENATE.
179
Mr. A. J. Miller moved to amend the caption so as to con¬
form to the body of the bill by adding the words " and to
confer certain powers upon the First Presbyterian Church
in Augusta," which was agreed to. The report as amend¬
ed was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, a bill to be entitled an act to authorize the Savannah
and Albany Rail Road Company to make and use a Plank
Road and Branches in connection with their Rail Road and
Branches, or in lieu thereof. The report was agreed to, the
bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to be entitled an act to incorporate the Talbot-
lon Branch Rail Road Company. The report was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate the Georgia Conference of the
Methodist Episcopal Church, and to vest therein the title to
certain property with authority to dispose of the same, as¬
sented to December eleventh, 1841, by adding the word
" South." The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to separate and divorce Jourdan W. Ryals
from his wife Lucinda Ryals. 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 11, nays 27.
Those who voted in the affirmative, are Messrs.
Bryan, William Jones, Spullock,
Chisolm, Leonard, Turner,
Cochran, Long, Woods.
Edmondson, James A.-Miller,
Those who voted in the negative, are Messrs.
Anderson, Eberhart, Andrew J. Miller,
Bailey, Ferrell, Murphy,
Augustus Beall, Grubbs, Purse,
Elias Beall, Hines, Quarterraan,
Byrd, Micajah Johnston, Rawls,
James E. Brown, Thomas Johnston, John W. G. Smith,
Joseph E. Rrown, John Jones, James R. Smiths
Clark, Love, Ira E. Smith*
Clayton, McRae, Toralinson.
go the bill w&9 lost
The following message was received from the House of
Representatives by Mr. Harrison, their Clerk:
180
JOURNAL OF THE
Mr. President—The House of Representatives have pass¬
ed the following bills, to-wit:
A bill to regulate the fees of Attorney and Solicitor =>
flpneral and for other purposes therein specified.
A bill for the relief of Robert O'Barr, John F. Brown,
Fdward A. Brown, Christopher Dodd, Robert L. Jones,
John L. Terrell and William Headden, all of Cass county.
A- biil to abolish, change and establish election precincts
in the several counties hereinafter named.
And a bill to authorize William A. Carr and Peter A.
Summey of Clark county to open and keep open the north
Oconee river from the Factory dam at Athens in Clark
county, to Chandler's Mills in Jackson county.
Also, the bill of. Senate to amend the several acts in
relation to the Georgia Rail Road and Banking Company,
with an amendment, to which they desire the agreement of the
Senate.
The Senate took up as the report of the Committee of the
whole, the bill to add a portion of the county of Habersham
,to the county of Lumpkin, and to designate the county line
between said counties. The report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize* Daniel R. Turner of the county
of Cobb, and James L. Mayson of the county of DeKalb, to
establish a ferry on the Chattahoochee river. The report
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to change the name of William Hadaway and
for other purposes therein named. The report was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole,- the bill to alter and change the county line between
the counties of Jackson and Clark so as to include the resi¬
dence of Greensby W. Barber and Robert F. White of the
county of Jackson, in the county ot Clark, also, to change
the county line between the counties of Madison and Clark
so as to include the residence of George A. Jarrell ol the
county of Madison, in the county of Clark. The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committe of the
whole, the bill to add a part of the county of Washington
to the county of Jefferson. The report was agreed ir>&the
bill was read the third time and passed. ■ '
The Senate took up as the report of the Committee of
the whole, the bill to appoint certain Commissioners for Sa¬
vannah river. The report was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize Minor W. Brown of Forsyth
SENATE.
181
county, Georgia, to erect a mill dam on his own land across
the Chattahoochee river.
Mr. Byrd moved to amend by adding the following as an
additional section, to-wit:
" And be it further enacted by the authority aforesaid, That
Benjamin G. McCleskey be and he is hereby authorized to
erect and keep up a mill dam across the Chattahoochee river
on his own land in the county of Hall," which was agreed to.
Mr. Cbisolm moved to amend further by adding the fol¬
lowing as an additional section, to-wit:
" And be it further enacted by the authority aforesaid, That
Cornelius D. Terhune of the county of Cass, be and he is
hereby authorized to construct and keep up. a mill dam
across the Hightower river on his own land in said county,
which was agreed to, and on motion of Mr. Chisolm, the re¬
port with the amendments was referred to a Select Commit¬
tee consisting of Messrs. Chisolm, Byrd, Bryan, Wm. Jones
and James A. Miller.
The Senate took up as the report of the Committee of
the whole, the bill to change the name of the election pre¬
cinct in the 800th district, G. M., of Troup county from "Ho-
lifield's Store," to Antioch. On motion of Mr. A. J. Miller,
the same was referred to the Committee on Privileges and
Elections.
The Senate took up as the report of the Committee of the
whole, the bill to authorize the election of the principal keeper
of the Penitentiary and the ,Chief Engineer of the Western
and Atlantic Rail Road, by the Legislature of the State of
Georgia, and to fix the salaries of the same. |
On motion of Mr. Purse, so much of the same as Prelates
to the election of the Principal Keeper of the Penitentiary,
was referred to the Committee on the Penitentiary, and so
much as relates to the election of the Chief Engineer of the
Western and Atlantic Rail Road, was referred to the Com¬
mittee on Internal Improvement.
The Senate took up as the report of the Committee of the
whole the bill to change the -name of William Capers Day,
of Greene county, to that of William Capers Rhodes, and to
legitimate the same:
Mr. Augustus Beall offered as a substitute to the bill, the
following, to wit: " A bill to be entitled an act to change
the name of William Capers Day, of Greene county, to that
of William Capers Rhodes, and to legitimate the same.
Also, to change the names of Moses Kitchens and Joanna
Kitchens, of Warren county, to that of Moses Neal and Jo¬
anna Neal, and to legitimate them.
Whereas Archibald S. W. Rhodes, the reputed father of
William Capers Day, is desirous of changing the name of
"said William Capers Day to that of William Capers Rhodes,
and to legitimate the samp • »nri whereas Harrel Neal, the
IS 2
journal of the
reputed father of Moses Kitchens and Joanna Kitchens is
desirous of changing the names of said Moses Kitchens and
Joanna Kitchens, to that of Moses Neal and Joanna Neal,
and to legitimate them.
Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Georgia in General Assembly met, and it
is hereby enacted by the authority of the same, That the name
William Capers Day, of the county of Greene, be changed
to the name of William Capers Rhodes, and that he be legi¬
timated and known as the legitimate child of Archibald S.
W. Rhodes, of Taliaferro county, his reputed father, and as
such, that he be capable in law of inheriting any property of
said Archibald S. W. Rhodes, as fully as if he had been
born in lawful wedlock.
Sec. 2. And be it further enacted by authority of the same,
That the names of Moses Kitchens and Joanna Kitchens,
of the county of Warren, be changed to that of Moses Neal
and Joanna Neal, and that they be legitimated and known
as the legitimate children of Harrel Neal, of Warren county,
their reputed father, and as such that they be capable in
law of inheriting any property of said Harrel Neal, as fully
as if they had been born in lawful wedlock.
Sec. 3. And be it further enacted, That all laws militating
against this act, be, and the same are hereby repealed,
which was received; the report as amended, was agreed
to, thd bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate the Grand Division of the
Sons of Temperance of the State of Georgia, when,
On motion,
The Senate adjourned until 3 o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment, and proceeded
to the consideration of the unfinished business of the morn¬
ing, which was a bill to incorporate the Grand Division of
the Sons of Temperance, of the State of Georgia, when on
motion of Mr. Joseph E. Brown, the same was referred to a
Select Committee, consisting of Messrs. Joseph E. Brown,
James R. Smith, Dunham, Eberhart and Quarterman.
Mr. A. J. Miller reported a bill to be entitled an act to au¬
thorize the appointment of Commissioners for certain pur¬
poses connected with the Bank of Darien, which was read
the first time.
Mr. Clark reported a bill to be entitled an act to authorize
and require the Judge of the Superior Courts of the South¬
western Circuit to regulate the sittings of the Superior
SENATE.
183
Courts of Baker and Decatur counties, to draw Jurors for the
former Court and to prescribe the manner of doing both,
which was read the first time.
Mr. William Jones reported a bill to be entitled an act to
authorise the Governor to issue to William Smith, of the
county of Lowndes, a grant for Lot No. 10, in the tenth dis¬
trict of originally Irwin county, on certain conditions, whichi
was read the first time.
The Senate took up as the report of the Committee of the
whole, the bill to repeal the third section of an act approved
twenty-ninth December, 1847, entitled an act to authorize
the Central Rail Road and Banking Company and the Ma¬
con and Western Rail Road Company, or either of them, to
form a junction of the Central Rail Road and Macon and
Western Rail Road, in or near the limits of the city of Ma¬
con.
On motion of Mr. Joseph E. Brown, the bill was made the
special order for Wednesday next.
The Senate took up as the report of the Committee of the
whole, the bill to repeal an act passed on the twenty-fifth of
December, eighteen hundred and thirty-seven,consolidating
the offices of Receiver of Tax Returns and Tax Collector, in
the counties of Rabun, Camden, Irwin, Floyd, Scriven,
Paulding, Wayne, Murray, Cherokee, Glynn, Telfair and
Laurens. The report was agreed to, the bill was read the
third time and passed. ,
The Senate took up as the report of the Committee of the
whole, the bill to separate and divorce James C. Ball and
his wife Elizabeth J. BalL 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 re¬
corded, and are yeas 13 ; nays 20.
Those who voted in the affirmative, are Messrs.
Chisolm, John Jones, John W. G.Smith,
Cochran, Long, Spullock,
Edmondson, James A. Miller, Turner,
Micajah Johnston, Rawls, Woods.
William Jones,
Those who voted in the negative, are Messrs.
Augustus Beall, Clayton, Andrew J. Miller,
Elias Beall, Eberhart, Murphy,
Byrd, F errell, Quarternran,
James E. Brown, Hines, James R. Smith,
Joseph E. Brown, Thomas Johnston, Ira E. Smith,
Bryan, Leonard, Tomlinson,
Clark, McRae,
So the bill was lost.
184
JOURNAL OF THE
The Senate took up as the report of the Committee of the
whole, the bill to repeal an act passed on the twenty-second
day of December, 1843, authorizing the Governor of the
State of Georgia to sell the Western and Atlantic Rail Road
for a sum not less than one million of dollars. The report
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to alter and amend the first and repeal the
fourth section of an act entitled an act to grant certain privi¬
leges and immunities til the Jefferson Riflemen, a Volunteer
Infantry Corps, in the county of Jefferson, which on motion
of Mr. Long, was referred to the Committee on the Mili-
tary.
The Senate took up as the report of the Committee of the
whole, the bill to alter and change the Commissioners nam¬
ed in the fifth section of an act entitled an act to prevent
obstructions in the Oconee River, from the Greene and Han¬
cock county line, on its Eastern bank to its confluence with
the Ocmulgee River, calculated to impede the free passage
of fish, to appoint Commissioners and to punish those who
may attempt to defeat the same, approved December 26th,
1835. The report was'agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to be entitled an act to authorize the Trustees
of the Male Academy of the town of Greenesboro' to sell
and dispose of a portion of the land belonging to said Aca¬
demy, and to appropriate the money arising from the sale
of the same. The report was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of
the whole, a bill to alter and change the name of Mary Vir¬
ginia Faver to that of Mary Virginia Cox and to legitimatize
the same. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of
the whole, a bill to alter the time of holding the election
for Commissioners of the town of Greenesboro,' and to al¬
ter and change the manner of electing the Marshal of said
town. The report was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, a bill in relation to the assignment of dower. The
report was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, a bill to alter and amend an act entitled "an act to
alter and amend the several Judiciary acts now in force in
this State, so far as relates to Justices Courts," assented to
senate.
135
14th December, 1811. The report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, "a bill to authorize the Sheriff Clerks and Coroners
of Pulaski county, to advertise their sales in some paper
published at Milledgeville or at Macon," and on the first
section being read as follows, to-wit:
" Sec. 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
immediately after the passing of this act that the Sheriffs,
Clerks and Coroners of the county of Pulaski shall adver¬
tise all sales or citations by them to be made in some one of
the public newspapers published in Milledgeville or Macon,
the Sheriffs, Clerks and Coroners having their choice."
Mr. Clark moved to amend by inserting after the words
il Milledgeville or Macon" the words, " or in the town of Al¬
bany, Baker county," which was agreed to. The report as
amended, was agreed to, the bill was read the third time
and passed.
. The Senate took up as the report of the Committee of the
whole, the bill to alter and amend a part of the first section
of the third article of the Constitution of this State.
Mr. A. J. Miller moved to amend by striking out the
words " Milledgeville or Macon, and insert the words " at
suck place as the Legislature may determine," which was
agreed to.
The report as amended, was agreed to, the bill was read
the third time, and on the question " shall this bill now
pass the yeas and nays were required to be recorded,
and are yeas 19 ; nays 15.
Those who voted in the affirmative, are Messrs.
Augustus Beall, Ferrell,' Love,
Elias Beall, Hines, McRae,
Blackshear, Micajah Johnston, Andrew J. Miller,
Clark, Thomas. Johnston, James A. Miller,
Clayton, Leonard, Purse,
Cochran, Long, James R. Smith,
Eberhart,
Those who voted in the negative', are Messrs.
Byrd, John Jones, Ira. E. Smith,
James E. Brown, Murphy, Spullock,
Joseph E. Brown, Quarterman, Tomlinson,
Bryan, Rawls, Turner,
Chisolm, John W. G. Smith, Woods.
Edmondson,
Not being a constitutional majority, the bill was lost.
186
journal op the
The Senate took up as the report of the Committee of the
whole, the bill for the. relief of Merrick Barnes, of the coun¬
ty of Baker.
On motion, the report was referred to a Select Com¬
mittee, consisting of Messrs. Clark, Love and Long.
Mr. A. J. Miller, from the Select Committee, reported
■that they have had under consideration the bill entitled an
act more effectually to provide for the security and pay¬
ment of recoveries in certain cases, and report the same to
the Senate with an amendment, by way of substitute, the
passage of which they recommend.
On motion,
The Senate adiourned until ten o'clock to-morrow morn-
ing.
TUESDAY, December 11, 1843.
The Senate met pursuant to adjournment.
Mr. Turner moved to reconsider so much of the journal
of yesterday as relates to the rejection of the bill to abolish
costs in ihe Supreme court of the State of Georgia, and to
provide a salary for the Clerk of said Court, which was lost.
On motion of Mr. Love.the Senate reconsidered so much
of the journal of yesterday as relates to the rejection of the.
bill to alter and amend a part of the first section of the third
article of the Constitution of this State.
Mr. A. J. Miller reported a bill to be entitled an act in re¬
lation to the removal of the County site of Columbia county,
fixing a new site, building a new Court House and Jail, and
other purposes therein mentioned, which was read the first
time.
Mr. Leonard reported a bill to be entitled an act to'secure
to the Rock Island Factory Company of Muscogee county
certain privileges, and legalize the building of a dam or
dams across the Chattahoochee river on their own land,
which was read the first time.
-Mr. Purse reported a bill to be entitled an act to incorpo¬
rate the Floating Dry Dock Company of Savannah, which
was read the first time.
The Senate took up as the special order of the day, the
following resolution of the House of Representatives :
Be it resolved by the Senate and House of Representatives oj
the State of Georgia, in General Assembly convened, That at the
next General Election for Governor and members of the
Legislature, the people of this State be requested to express
their wishes as to the manner in which the Judges of the Su¬
perior Courts shall thereafter be elected by endorsing on
SENATE.
187
their tickets " by the Legislature," or " by the people,"
which was read and concurred in.
The Senate tookvup as the report of the Committee of the
whole, a bill to change the time of holding the Supreme
Court at the places therein named.
Mr. A. J. Miller moved to strike- out the whole of the
original bill, and to substitute the following in lieu thereof,
as also in lieu of "a bill to change the time and places of,
holding the Supreme Courts of this State," to wit:
A bill to be entitled an. act to change the sessions of the
Supreme Court from certain places.
Be it enacted by the Senate and House of Representatives of
the State of Geoagia in General Assembly met, and it as hereby
enacted by the authority ef the same, That the Supreme Court
shall hereafter hold its sessions at the time prescribed by
law: For the second Judicial district, at Columbus, instead of
Americus and Talbotton ; and shall hereafter hold its session
on the first Monday in May, for the fifth Judicial district at
Greenesborough instead of Milledgeville.
Which motion was lost, and on motion of Mr. A. J. Miller
the report of the Committee was indefinitely postponed.
' On motion the rule was suspended, and Mr. Joseph E.
Brown reported a bill to be entitled an act to change the
time of holding the Supreme Court atCassville and Gaines¬
ville, which was read the first time.
The following message was received from the House of
Representatives by Mr. Harris on their Clerk:
Mr. President—The House of Representatives have
agreed to a resolution authorizing the Attorney's receipt in
the hands of the Treasurer for bills of the Commercial Bank
of Macon for collection, to be cancelled in full, and directing
the Comptroller General to enter a credit to the Treasurer
on his books for the same, &c.
They have also agreed to a preamble and resolution on
the petition of William Hardin, in relation to the right of
way through certain lands for the Western and Atlantic
Rail Road.
To both which resolutions they desire the concurrence of
the Senate. • -
They have also passed the following bill of the Senate:
A bill to incorporate the Savannah Gas Light Company,
and the Augusta Gas Light Company.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate the town of Tunnel Hill, in the
county of Murray, the report was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to forbid free negroes or free persons of color
from living within the limits of this State, under certain
188
JOURNAL OF THE
penalties therein named, and on motion of Mr. A. J. Miller
the same was referred to the Committee on the Judiciary.
The Senate, took up as the report of the Committee of the
whole, the bill to attach the lands and residence of Thomas
O. Christian, ot the county of Cass to the county of Murray,
and for other purposes therein contained ; the report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to divorce Eld ridge W. Allen from his wife
Mary Ann Allen; the report was agreed to, and on the
question " shall this bill now pass ?" the yeas and nays were
required to be recorded, and are—yeas S, nays 28.
Those who voted in the affirmative, are Messrs.
Chisolm, William Jones, Turner,
Cochran, Rawls, Woods.
Edmondson,' Spullock,
Those who voted in the negative, are Messrs.
Anderson-, Eberhart, Andrew J. Miller,
Augustus Beall, Ferrell, James A. Miller,,
Eli as Beall, Gonder, Mosely,
Bytd, Hines, Murphy,
Blackshear, Micajah Johnston, Purse,
James E. Brown, Thomas Johnston, Quarterman,
Joseph E. Brown, John Jones, .John W. G. Smith,
Bryan, Leonard, Ira E. Smith,
Clark, McRae, Tomlinson.
Clayton,
So the bill was lost.
The Senate took as the'report of the Committee of the
whole, the bill to divorce certain persons therein named; the
report was agreed to, the bill was read .the third time and
lost.
The Senate took up as the report of the Committee of the
whole, the bill to appropriate certain hands to do road duty
on the west side of the old post road and north of the Satilla
river in Camden county.
Mr. gunham moved to amend by adding as an additional
section the following, to wit:
And be it further enacted by the authority aforesaid, That
the hands subject to do road duty, residing in the Satilla
neck, be transferred to-the road leading from Honey creek
to the road known as the New Post road leading from Langs-
burry to Owen's ferry, which was agreed to; the report as
amended was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate the New Hope Baptist church
senate.
1S9
in the Sixth district of Randolph county; the report was
agreed* to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate the First Baptist Church in the
City of Atlanta and appoint trustees lor the same; t'hfe /
report was agreed to, the bill was read the third time and
'passed.
The Senate took up as the report of the Committee of the
whole, the bill in addition to and amendatory of an act enti¬
tled an act to amend an act to incorporate the town of Mar-
thasville in the county of DeKalb, passed on the twenty-
third day of December, 1843, and also to enlarge the boun-
dafy of said town and to incorporate the same under the
name of the City of Atlanta ; and to change the name of the
town of Rome to that of the City of Rome; to provide for the
election of Mayor and Councilmen and other officers of said
Cities and to confer upon them specific powers and for other
purposes therein mentioned, approved the 29th December,
1847 ; the report was agreed to, the bill was read the third
•time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to regulate the mode of sueing out Ca. Sa.
in this State, and to modify the proceedings thereon, and on
motion of Mr. A; J. Miller, the bill was referred to the Com¬
mittee on the Judiciary.
The Senate took up as the report of the Committee of the.
•whole, the bill to authorize Jacob A. H. Reviere, of the
county of Warren and State of Georgia to peddle upon
wares, goods and merchandize within the limits of the Eighth
Congressional District as it is now laid off, without a license,
and without being subject to pay a tax therefor.
Mr. Anderson moved to amend by adding the following
proviso: " provided the privilege does not extend to the coun¬
ties of Wilke and Lincoln," which was agreed to ; the re¬
port as amended was agreed to, the bill was read the .third
time and passed.
The Senate took up as the report of the Committee of the
vhole, the bill to authorize grants to issue to owners of cer-
ain fractional lots of land in the county of Talbot; the re¬
port was agreed to, the bill was read the third time and
passed. " . *
Mr. Chisolm from the Select Committee, to whom was
referred the bill to authorize Minor W. Brown of the county
pf Forsyth, Georgia, to erect a mill dam on his own land
)cross the Chattahoochee river, reported the same back to
te Senate with amendments, and the Senate-took up the
nil as the report of the Committee of the whole, and on the
,hird section being read as follows:
* Sec. 3d. And be it further enacted by^the authority aforesaid,
fhat Cornelieus D« Tmdm*1® of the county of Cass, be and
190
JOURNAL OF THE
he is hereby authorized to construct and keep up a mill dam
across the Hightower river, on his own land in said county.
Mr. Chisolm moved to amend by striking out the word
"mill," which Was agreed to; the report as amended was
agreed to, the bill was read the third time and passed.
°On motion of Mr. Murphy the Senate took up as the re¬
port of the Committee of the whole, the bill to change the
time for holding elections for members to represent the people
of this State in the Congress of the United States; the report
was agreed to, the bill was read the third time ahd pas¬
sed.
.The Senate took up as'the report of the Committee of the^
whole, the bill to authorize the incorporation of Joint Stock'
Companies for the construction of Macademized, Graded or
Plank roads, the report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize John L. Reid to plead and prac¬
tice law in the several Courts of L'aw and Equity in this
State ; the report was agreed to, the bill was read the thir<j
time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate Spring Place Academy in the
county of Murray and to appoint trustees for the same; the
report was agreed to, the bill was read the third time and
passed.
On motion of Mr. Ar J. Miller the Senate took up the
message of the House of Representatives, in relation to the
amendment to the bill to amend the several acts in relation to
the Georgia Rail Road and Banking Company, which amend¬
ment was in the following words, to wit:
" Provided that the amount of the increased Stock of said
Company shall not be exempted from taxation, as is secured
to the present stock by the latter clause of the 15th Section
of the charter of said Company, but shall be subject to such
tax as the Legislature may hereafter impose.
Mr. A. J. Miller moved to disagree to the amendment, oh
which motion the yeas and nays were required to be recbrd*
ed, and are—yeasi 18, nays 19.
Those who voted in the negative, are Messrs.
Augustus Beall, Feriell, McRae,
Byrd,. Gonder, Murphy,
Joseph E- Brown, Micajah Johnston, Rawls,
Bryan, William Jones, Stell,
Chisblm, John Jones, Turner*,
Clark, Leonard, Woods.
Edmondson,
Those who Voted in the affirmative, are Messrs*
senate.
191
Anderson, Eberhart,
Elias Beall, Hines,
Blackshear, Thomas Johnston,
James E. Brown, Andrew J. Miller,
Clayton, James A. Miller,
Cochran, Mo^ely,
The motion to disagree was lost.
On motion, the Senate adjourned
P. M.
Purse,
Quarter man,
JohnW. G. Smith,
Ira E. Smith,
Spullock,
Tomlinson..
until three o'clock,
Three o'clock, P. M.
The Senate met pursuant, to adjournment.
The Senate took up as the report of the Committee of the
whole, the bill to provide for the admission in evidence of
exemplifications of the Judicial proceedings had in other
States, in the several Courts of Law and Equity in this
State ; the report was agreed to, the bill was read the third
time and passed.
On motion of Mr. Purse the Senate took up bills of the
Housd of Representatives for a third reading.
The Senate took up as the report of the Committee of the
whole, a bill to repeal all laws respecting the importation of
Slaves into this State.
On motion of Mr. A. J. Miller, the .bill was made the spe¬
cial order of the day for Thursday next.
The Senate took up as the report of the Committee of the
whole, a bill to repeal an act to consolidate the offices of
Tax Collector and Receiver of Tax Returns in the counties
of Rabun, Camden, Irwin, Floyd, Scriven, Paulding, Wayne,
Murray, Cherokee, Glynn, Telfair and Laurens, so far as re¬
lates to the county of Murray, assented to 25th December,
1837 ; the report was agieed to, the bill was read the third
time and passed. .
The Senate took up as the report of the Committee of the
whole, a bill to repeal an act consolidating the offices of Tax
Collector atid Receiver of Tax Returns of the counties of
Baldwin, Chatooga, Franklin, Gwinnett, Heard, Upson,
Wilkes, Mcintosh, Thomas, Jefferson, Cobb, Hancock,
I)noly and Marion, passed on the 9th December, 1839, so
fax as respects the counties of Franklin and Heard; the report
w^s agreed to, the bill wa& read the third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to amend the second section of an act passed on
the twenty-fourth of December, eighteen hundred and thirty-
three, entitled an act to levy an extra tax for the political
JOURNAL OF THE
year eighteen hundred and thirty-four; the report was agreed
to, the bill was read the third time and lost.
The Senate took up as the report of the Committee of the
whole, a bill to be entitled an act to add lot number one in
in the third district of Baker county to Randolph county.
On motion of Mr. Clark, the bill was referred to a select
committee consisting of Messrs. Clark, James E. Brown and
Gonder.
The Senate took up as the report of the Committee of the
whole, a bill to authorize Osborne A. Lochrane of the county
of Clark, to plead and practice law in the several Courts of
Law and Equity in this State, on certain conditions therein
named ; the report was agreed to, the bill was read the time
time and passed.
The Senate took up as the report of the Committee of the
whole, a bill for the relief Mary Louisa Pritchard; the report
was agreed to, the bill was read the third time and pas¬
sed.
The Senate took up as the report of the Committee of the
whole, a bill for the relief of John C. Whitworth, Adminis¬
trator of the estate of Elijah Hill, deceased.
On motion of Mr. A. J. Miller the bill was laid upon
the table for the present.
The Senate took up as the report of the Committee of the
whole, a bill to authorize Mark Water and Company, to es¬
tablish a'ferry across the Chattahoochee river, on their own
land in the counties of Gwinnett and Forsyth ; the report was
agreed to, the bill was read the time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize the settlement of criminal prose¬
cutions in certain cases, and to regulate more particularly
the duties of Attorney and Solicitors General, and fix their
liabilities.
Mr. A. J. Miller moved to amend by striking out the third
section of the bill, which was agreed to.
On motion of Joseph E. Brown the bill was referred to the
Committee on the. Judiciary.
The Senate took up as the report of the Committee of the
whole, the bill to curtail and simplify Civil Pleadings, and
on motion of Mr. Stell, the report was referred to the'Com¬
mittee on the Judiciary.
The Senate took up as the report of the Committee of the
whole, the bill to amend the Several acts in relation to issu¬
ing of grants on Jiead rights in this State, so far as to extend
the time for granting the same until the twenty-fifth of De¬
cember, 1851 ;* the report was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to establish additional election precincts
SENATE.
193
in the county of Habersham, the report was agreed to. the
bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate the town ot Oglethorpe m the
county of Macon ; the report was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate Rising Sun Lodge No. 20, of
Reidsville, Tatnall county ; the report was agreed to, the
bill was read the third time and passed.
On motion the order was suspended, and Mr- Chisolm
reported a bill to be entitled an act to authorize the Alabarila,
and Georgia Rail Road Company of the Stute of Alabama,
(o extend their contemplated Rail Road from the Alabama
line through a part of the county of Floyd to some point
near the City of Rome, in said county, to secure to said
Company certain rights and privileges and for other pur¬
poses, which was read the first time.
The order was resumed and the Senate took up as the
report of the Committee of the whole, the bill to change the
boundary line between the counties of Cobb and Paulding;
the report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize Mrs. Elizabeth Montfort to erect
a mill dam across Flint river in the county of Crawford
upon certain conditions, the report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to provide for the compensation of Grand
and Petit Jurors of the Superior and Inferior Courts of the
county of Elbert, and to repeal all former laws; the report
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize the Justices of the Inferior Court
of Elbert county to levy an extra tax for the purpose of build¬
ing a Court House in said county; the report was agreed to,
the billl was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill in relation to the holding of the Inferior Courts
and Courts of Ordinary of Glynn county, the report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize Hardy Strickland, of the county
of Forsyth, Administrator upon the estate of Mark M. Kil-
lingsworth, deceased, of the county of DeKalb, to make his
returns in the county of Forsyth.
Mr. A. J. Miller moved to amend by adding the following
as an additional section, to wit:
Be it farther enacted, That said Court ot Ordinary shall
194
JOURNAL OF THE
have fail authority to grant letters dismissory to said Hardy
Strickland, Administrator as aforesaid, which was agreed to ;
the report as amended was agreed to, l,he bill was read the
third time and passed.
The following bills were taken up and read the second
time and referred to a Committee of the whole bouse :
A bill to amend an act to be entitled an act to extend and
define the corporate limits of the town of West Point in
Troup county, assented to the 20th day of December, 1835,
so far as to make the fifth section thereof constitutional and
to secure the rights of the present owners of the bridge
erected across the Chattahoochee river in said town, and lor
other purposes.
A bill to incorporate the Dalton City Company.
A bill to establish and regulate the inspection of flour and
corn meal at Dalton.
A bill to incorporate the Georgia Exporting Company,
A bill to declare and limit the liability of husbands for
debts and liabilities of their wives incurred before marriage.
A bill to add a part of the county of Henry to the county
of Butts.
A bill to organize a new Judicial Circuit to be composed
of the counties of Macon and Dooly of the Southwestern
circuit, and Houston, Crawford and Bibb of the Flint, under
the name and style of the "Houston Circuit," and to define
the times of holding said Courts.
A bill to alter and amend an act to lay off and divide -the State
mto eight Congressional districts, and to point out the mode of
electing members to Congress in each district, and to provide
against illegal voting, assented to December. 28th. 1843.
A bill to entitle Mary Holmes of the county of Pike, to the
estate of her child Walter J. Wills, deceased, provided the
same shall bean escheat.
A bill for the relief of Patrick Brady and John Myrick, of
the county of Sumter.
A bill in relation to public offices and to punish certain
offenders in relation thereto.
A bill to authorize the Justices of the Inferior Court of the
county of Liberty to sell a tract of land known as the Parade
Ground in said county.
A bill for the better government of the Penitentiary, and
for other purposes.
A bill to' incorporate the Southern Central University of
Georgia at Dalton.
A bill to authorize the Governor to issue to William Smith
of the county of Lowndes, a grant for lot No. 10 in the
tenth district of originally Irwin county on certain conditions.
Also, a bill to incorporate the Dalton Female College.
Also, a bill to authorize and require the Judge of the Su¬
perior Courts of the Southwestern circuit to regu ate the
sittings of the Superior Courts of Baker and Decatulr coun-
SENATE.
lies, to draw Jurors for the former Courts, and to prescribe
the manner of doing both.
Also, a bill to authorize the appointment of Commissioners
for certain purposes connected with the Bank of Darien.
Also, a bill to revise the several acts passed by former
Legislatures of this State, incorporating the town of Craw-
fordviile in the county of Taliaferro.
Also, a bill for the relief Henry W. Blake, of the county
of Hall.
Also, a bill to amend an act to incorporate the Insurance
Company to be called the Savannah Mutual Insurance Com¬
pany, passed December 30th, 1847.
- Also a bill incorporating the City of Dalton in the county
of Murray, approved 29th December, 1847.
Also a bill for the relief of teachers of poor children of the
county of Hall, for the year 1845.
Also, a bill to incorporte the Southern Education Society.
Also, a bill to incorporate theLaGrange Collegiate Semi¬
nary for young ladies.
Also, a bill to change the time and place of holding the
Supreme Court of this State.
The following message was received from his Excellency
the Governor, by Mr. Patton his Secretary:
Mr. President—I am instructed by his excellency the
Governor to lay before this branch of the General Assembly
a communication in reference to the boundary line between
this State and Florida.
The Senate took up the bill to incorporate the Georgia
Constitutional Guards, a Cavalry Company of Troup coun¬
ty, which was read the second time and referred to the
Committee on the Military.
The Senate took up the bill to protect the people of
Georgia against the atte mpts of the abolitionists and other
evil disposed persons to excite a servile insurrection, which
was read the second time and on motion was referred to the
Committee on the Judiciary.
« The Senate took up the bill for the removal of a portion
of the convicts in the Penitentiary to Atlanta and to provide
for their government, which was read the second time, and
on motion made the special order of the day for Wednesday
next.
The Senate took up the bill to alter and amend an act
entitled an act to carry into effect the alterations and amend¬
ments. at this session of the General Assembly , (to wit the
session of 1843), in and to the third and seventh sections of
the first article of the Constitution of this State, assented to
23d December, 1843. %
Mr. A. J. Miller moved to refer the bill to the Committee
on the Judiciary, Qn which motion the yeas and nays were
required to be recorded, and are yeas 14, nays 16.
196
JOURNAL OF THE
Those who voted in the affirmative, are Messrs.
Augustus Beall, Eberhar^ Andrew J. Miller,
Byrd, Thomas Johnston, James A. Miller,
Blackshear, Leonard, Quarterman,
James E. Brown, Love, Stell.
Clayton, McRae,
Those who voted in the negative are Messrs.
John YV. G. Smith,
Ira E. Smith,
Spullock,
Turner,
Woods.
Joseph E. Brown, John Jones,
Bryan, Long,
Chisolm, Mosely,
Clark, Murphy,
Cochran, Purse,
Edmondson,
So the motion was lost.
The bill was read the second time, and on motion of Mr
Stell made the special order of the day for Tuesday next.
The Senate took up the bill to authorize the Justices of
the Inferior Courts of Forsyth county to retain the general
tai of said county for the year 1850 and 1851, to be applied
to the building of a brick Court House in said county, which
was read the second time and referred to the Committee on
Finance.
On motion,
The Senate adjourned until ten o'clock to-morrow morn
ing.
WEDNESDAY, DECEMBER 12, 1849.
The Senate met pursuant to adjournment.
On motion of Mr. Anderson the Senate reconsidered so
much of the Journal of yesterday as relates to their action
upon the amendment of the House of Representatives to
" the bill to amend the several acts in relation to the Geor¬
gia Rail Road and Banking Company.
Mr. A. J. Miller moved to reconsider so much of the Jour¬
nal of yesterday as relates to the refusal of the Senate to
refer the bill to alter and amend an act "entitled an actio
carry into effect the alterations and amendments at this
session of the General Assembly, (to-wit, the session of
1843,) in and to the third and seventh sections of the first
article of the Constitution of this State," assented to 23d
December 1843," so far as relates to the Senatorial Districts.
On which motion, the yeas and nays were required to be
recorded, and are yeas 19, nays 20.
SENATE.
197
Those who voted in the affirmative, ate Messrs.
Eberhart, McRae,
Gonder, Andrew J. Miller,
Hines, James A. Miller,
Thomas Johnston, Qaartermari,
Leonard, James R. Smith,
Love, Tomlinsoit.
Anderson,
Augustus Beall,
Elias JBeall,
Byrd,
Biackshear.
James E. Brown,
Clayton,
Those who voted in the negative, are Messrs.
Joseph E. Brown, John Jones, John W. G. Smith,
Bryan, ' Long, Ira E. Smith
Chisolm, Mosely, Spullock,
Clark, Murphy,-; Stell,
Cochran, Napier,
Edmondson, Purse,
Micajah Johnston, Rawls,
So the motion was lost.
Turner,
Woods.
Mr. James R. Smith reported a hill to be entitled an act
to alter and amend the third section of the first article of the
Constitution of this State, which was read the first time.
Mr. Cochran offered the following resolution:
Resolved, That the Finance Committee inquire into and
report to the Senate what amount of the assets of the Central
Bank are available, how the assets of the bank have been
appropriated and what amount of the capital of the Bank
remains unappropriated and for what purpose it has been
appropriated and the propriety of abolishing the offices of
Director and Cashier of said Bank, and place the effects of
said Bank in the hands of an agent to wind up the s&me to the
best advantage and interest of the State, and that said Com¬
mittee be authorized to report by bill or otherwise, which on
motion was taken up, read and agreed to.
On motion of Mr. Murphy, the rule was suspended and
the Senate took up as the report of the Committee of the
whole, the following bill of the House of Representatives,
to-wit:
A bill to authorize and require the Judge of the Superior
Courts in the Coweta Circuit to hold Court in the*counties of
DeKalb and Coweta two weeks at each term of said Courts
unless the business of said Courts can be done in a shorter
time, and to provide for the same. ,
Mr. Murphy moved to amend by striking out of the bill
the word "Coweta," which was agreed to. The report as
amended was agreed to, the bill was read the third time
and passed. ^
The rule being further suspended, the Senate took up as
the report of the Committee of the whole, the bill of the
19S
journal of the
House of Representatives to be entitled an act to incorpo¬
rate Lafayette Chapter, No. 12, and Darley Lodge No. 17,
in the town of Fort Gaines in the county of Early.
Mr. James R. Smith moved to amend by adding as an ad¬
ditional section, the following:
" And be it further enacted by the autho? ity aforesaid, That
Pythagoras Lodge, No. 41, of Free and Accepted Masons of
the county of DeKalb, be and the same is hereby made a
body corporate under the name and style aforesaid, and that
Peter F. Hoyle, Robert M. Brown and Alexander Johnsonr
the officeis elect for the ensuing. Masonic year and their suc¬
cessors in office, be and they are hereby declared a body
corporate, to have a common seal, capable in law of sueing
and being sued, purchasing, holding property both real and
personal, and selling and conveying the same, and doing all
other things which bodies corporate may in law do, connect¬
ed with the objects of their association, any law, usage or cus¬
tom to the contrary notwithstanding, which was agreed to.
The report as amended was agreed to, the bill \vas read the
third time and passed.
The following Message from his excellency the Governor,
was received by Mr. Patton, his Secretary, and on motion
of Mr. Spullock, was taken up, read and referred to the
Committee on the State of the Republic:
EXECUTIVE DEPARTMENT, >
Milledgeville, 11th Dec. 1S4S. 5
To the Senate
and House of Representatives:
Since the message transmitted at the opening of the ses¬
sion, I have received a communication from Governor Brown
of Florida, and also a copy of a report which accompanied
certain resolutions of the Legislature of that State, adopted
in January last, on the subject of the boundary line between
the two States, a copy of which is herewith transmitted to¬
gether with a copy of my reply of the 6th inst., to his ex¬
cellency the Governor of Florida.
No notice or service of the bill directed to be filed against
this State has been effected or any information on that sub¬
ject given, except what is contained in the documents now
transmitted, and in my first communination. I will not with¬
hold the expression of my regret that the State of Florida
has adopted this course for the final settlement of the ques¬
tion, but she having done so it is proper that, the Legislature
give such direction to the subject as may in its judgment
be deemed proper, should it be the pleasure of the Legisla¬
ture to defend the rights of the State before the Supreme
Court, competent counsel should be employed for that pur¬
pose, and such provision made for that object as the occasion
may require.
SENATE.
199
Should propositions come from Florida proposing a mode
of settlement differing from that pointed out by the resolu¬
tions of her Legislature of the 4th of January last, it has
occurred to me that power should be given the Executive
to agree with the authorities of that State in selecting an
umpire if one should be found necessary. It is wortbv of
consideration that the Constitution fixes the boundary of
this State, and prescribes that it shall be from the middle
of the Chattahoochee at its junction with ,the Flint river
straight to'the head of the St. Marys1 river, and thence
along the middle of the St. Marys' river to the Atlantic
ocean," and that the territory embraced within the boun¬
dary therein prescribed " is of right the property of the free
citizens of this State, and held by them in sovereignty ina¬
lienable, but by their consent." It is not believed that any
settlement of this question by negotiation or otherwise would
be valid so far as Georgia is concerned, changing the boun¬
dary line in that direction so as to^strike at any other point
than the head of the St. Marys' river. It will readily oc¬
cur to all that the prominent point of difference between
Florida and this State is nothing more nor less than a ques¬
tion of fact. It is the ascertainment of the existing fact at
the time of the treaty made with Spain in 1795, believed to
be the same then as now, and must stand as a natural mark
or point of identity, so long as it shall be true there is a place
or spot on the earth from which flows the St. Marys' river. ,
The action of Ellicott, the American Commissioner, and
Minor, the Commissioner on the part of Spain, under the
treaty of 1795, in ascertaining* the head of the St. Marys'
river, has been fully presented in the documents transmitted
to the Legislature by my predecessors and myself, and need
not here be repeated. It is sufficient to state that a point 45
degrees north and 640 perches east from a mound erected
arid known as Ellicott's Mound on the south side of the Oke-
fenokee Swamp, was selected as the head of the St. Marys'
river.
It is not pretended that the Commissioners ever saw or
visited the spot designated as the head of the river, and there¬
fore it was not remarkable that their, prophecy in this re¬
spect should prove fallacious, and that the actual head of the
St. Marys' river designated by the treaty, is to be 'sought for
and found in a different direction.
My object in alluding to this subject in this connection is
to direct the attention of the Legislature to the provisions
con 3.1116(1 in our Constitution, which are nothing more than
the same expressed in the treaty, with the view of eliciting an
expression of its opinion as to the power vested in the State
government or either of its departments under our Consti¬
tution, to accept terms of settlement, not having fixed the east-
200
JOURNAL OF THE
em terminus of the straight line from the Chattahoochee to
the actual head of the St. Marys' river. ~
ff the point designated by Ellicott and Minor is the head
of the St. Marys' river, then a line should be run from the
middle of the Chattahoochee at the mouth of flint river to
that point, and our jurisdiction extended that far and no fur¬
ther. If that point be not the head of the St. Marys' river, and
ifFlorida will not agree to some amicable, just and honora¬
ble mode for the ascertainment of that fact, it is for the Le¬
gislature to say whether the head of the river as designated
by the treaty should not be ascertained by Georgia alone,
the line run and the jurisdiction of the State extended to the
same. If our much esteemed sister, Florida, endeared to
us not merely by similarity of habits and identity of inter¬
ests, but by social intercourse, and the wannest desire for
her prosperity, still thinks that she occupies the vantage
ground, growing out of neglect or silence on' the part of
Georgia as sometimes alleged, in urging her rights, or any
other ground, and therefore prefers the adjustment of the
question by a judicial tribunal, may it not be hoped that that
course will not be persevered in, until further efforts shall be
made for amicable adjustment ?
In conclusion, I can but express my strong conviction and
sincere hope that Florida will offer just and liberal terms
for an amicable adjustment, in which event authority should
be vested in the Executive to meet any such overtures in a
corresponding spirit.
If however, Florida should adhere to the course now inti¬
mated, after the earnest solicitation felt and expressed on the
part of this State to make further efforts at amicable adjust¬
ment, it then becomes the Legislature of Georgia to pre¬
scribe a line of action for its own government.
GEO. W. TOWNS.
On motion of Mr. Spullocis, the following communication
from his excellency the Governor was taken-up and read,
and was referred to the Committee von Internal Improve¬
ments :
EXECUTIVE DEPARTMENT, >
Milledgeville, 11th Dec. 1849. £
I have the honor to lay before both branches of the Gene¬
ral Assembly, in compliance with the resolutions of the two
Houses, asking information in regard to the nature and cha¬
racter of the work of a contract entered into by Messrs. John
D. Gray & Co., for the completion of the W. & A. Rail Road
from Dalton to Chattanooga, a detailed report of the Chief
Engineer, together with copies of all such papers and docu¬
ments as are believed to be embraced in the resolutions of
inquiry.
The tunnel now about being completed on this Road by
SENATE.
201
these efficient and faithful contractors was the first attempt¬
ed, and will be the first completed in the South, and though
they may have brought to the task much experience in the
construction of Southern Rail Roads, the field of their opera¬
tions had been confined to a section where there had little
inducement offered to investigate with great accuracy the
cost of the untried experiment in Georgia of tunnelling, noi¬
ls it believed that many, if any of our oldest and most ex¬
perienced Southern Engineers at the time this contract was
made, could claim on the s_ore of experience, in a work .of
this character, much advantage of the contractors.- It is
well known however, that this tunnel has been regarded for
years as the great obstacle to the completion of the road,
and it is apprehended that the original estimate of the cost
of'the tunnel by Col. Long was based upon the idea,, quite
prevalent, that earth alone would be found in its excavation,
when experience has shewn that it consisted of loose rock
and earth of the most objectionable character.
It should be remembered that the Legislature of 1847,
limited the cost of the extension, including the tunnel, to
$375,000. If it could not be accomplished for that amount,
then it was not to be undertaken, and may not the contrac¬
tors then have supposed that a work of such vast impor¬
tance to the interest of the State had been thoroughly exam¬
ined by the Legislature of 1847, before the responsibility
of a failure in its completion would have been assumed by
, imposing this limitation on the cost ? And may not this con¬
sideration have contributed to some extent at least, in de¬
termining the contractors at the peril of their private fortunes
to engage in this work.
Under ordinary circumstances, where by prudence and
caution, contracting parties are or may be placed on an
equal footing, I know of no valid reason that would de¬
mand of either to vary the terms and stipulations of the con¬
tract entered into, but where from the very nature and cha¬
racter of the contract, one of contracting parties can run no
hazard, or has information which is unknown to the other,
then to insist upon the terms of the contract, the letter of the
bond strikes me as repugnant to that high standard of moral¬
ity and liberty for which, if I have one wish stronger than
another, I would havt^ Georgia prominently distinguished if
not above, at least the equal of the most exalted of her sister
States. If it be enquired why the stipulations in the writ¬
ten contract are so stringent and conclusive in their charac¬
ter, my reply is, as the Executive officer of the State, it was
my duty to have the Road built for the sum stipulated. No
power "was vested in the Executive to pay the laborer the
worth of his hire t but he was directed to have the Road
constructed, provided the cost did not exceed the stipula¬
ted sum.
20*2
JOURNAL OF THE
It was ascertained by the Engineer in charge that if rea¬
sonable compensation was allowed, the Road could not be
built, as it would exceed the sum appropriated, by at least
$23,500 in round numbers. To have communicated this
fact to bidders, would have been equivalent to a disregard
of the will of the last General Assembly in appropriating
the sum of $375,000 for its construction, as it is riot to be pre¬
sumed that a less sum than wag estimated by the Engineer,
would have been accepted by any of the meritorious bid¬
ders. While duty demanded of the Exeuctive and Chief
Engineer the course pursued at the time in making the con
tract and urging on the completion of the work, a solemn
sense of right between the State and its contractors, the
most of whom are its own citizens, compels me in the atti¬
tude in which I now stand to the Legislature, to recommend
you to deal justly and liberally with the faithful contractors,
by whose indomitable courage and perseverance, unknown
and unforeseen difficulties have been overcome, by which,
while the State will be enriched, their private property may
be sacrificed, if-" the just recompense of reward" for toil and
labor bestowed for the State, be not awarded. While strong
convictions have rested on my mind as to the duty of the
Slate in this instance, 1 am free to admit that I should not
have felt it incumbent, under the resolutions of inquiry, to
have done more than furnish the report of the Chief Engi¬
neer with the documents which accompan}7 it; and should
have been content there to have left the subject, but jepeated
personal observations of the manner and perfect good faith
observed by the contractors in pushing forward this work to
its earliest possible completion, with a manifest desire to
make it equal to the requirements of the specifications, if not
belter, demand of me an unequivocal expression of my own
convictions of justice, though 1 should incur the censure of
voluntarily offering an opinion oti the meiits of the claim,
when facts only were desired to guide the action of the Le¬
gislature.
It is therefore earnestly recommended that the claim of
Messrs. John D. Gray & Co., for extra and additional
compensation, be carefully examined, and such allowance
made them as may appear equitable.
£EO. W. TOWNS.
On motion of Mr. Murphy, fifty copies of the same, to¬
gether with the accompanying report, of the Chief Engineer
of the Western ana Atlantic Rail Road, were ordered to
be printed for the use of the Senate.
On motion of Mr. Joseph E. Brown, the Senate took up
as the report of the Committee of the whole, a bill for the
relief of Harvey McCormick Ward. The report was agreed
to, the bill was.read the third time and passed.
On motion of Mr. Chisolm, the Senate took up as the re-
senate.
203
port of the Committee of the whole, a bill for the relief of
Thomas Powell, of the count}' of Cass. The report was
agreed to, the bill was read the third time and passed.
On motion, the rule was suspended, and Mr. Clark re¬
ported a bill to be entitled an act to change the names and
legitimatize certain children therein named, which was read
the first time.
On motion, the rule was further suspended, and Mr.
Woods reported a bill to be entitled an act to change the
names of E. W. Wing-field and Henry Fitz, to E. H. Wing-
field and Henry Sitz, on Grants to certain lots of land there¬
in named, which was read the first time.
On motion of Mr. William Jones, the following resolution
from the House of Representatives, was taken up, read and
concurred in:
Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That our Senators
and Representatives in Congress are hereby requested to
use their influence to have a weekly mail route established
on horseback, from Waresboro' m Ware county to Center
village in Camden county. Also, a weekly mail route estab¬
lished from Waresboro, Georgia, to Blount's Ferry, in the
State of Florida ; and his excellency the Governor is hereby
requested to furnish each of our Senators and Representa¬
tives in Congress with a copy of this resolution.
Mr. Stell, from the Committee on Enrolment, reported as
duly enrolled and ready for the signature of the President
of the Senate, an act to incorporate the Savannah and A u¬
gusta Gas Light Companies.
The Senate took up as the special order of the day, a bill
to repeal the third section of an act approved 27th Decem¬
ber, 1847, entitled an act to authorize the Central Rail
Road and Banking Company and the Macon and Western
Rail Road Company, or either of them, to form a junction or
the Central Rail Road and Macon and Western Rail Road,
in or near, the limits of the city of Macon. Pending the db-
eussion thereon,
The Senate adjourned until 3 o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Gonder, from the Committee on the Penitentiary,
made the following Minority Report:
The undersigned being a part of the Joint Standing Com¬
mittee appointed by the Senate, on the I enitentiaiy, beg
leave to submit the following Report: That in discharge
of the duties required of said Committee, they ha\e endea-
204
JOURNAL OF THE
vored to investigate the condition of the Penitentiary and
inform themselves fully of its true state at the close of the
hist quarter of the year ending the first day of October,
1819 ; but, that owing to the great labor and length of time
necessary to effect a thorough investigation ot the affairs of
the institution, your Committee have been unable to satisfy
themselves but little better with regard to its concjitiou than
they were at first, from the Report of the Principal Keeper
to the Governor, owing to the large amount of material on
hand in the institution, the great variety of manufactured ar¬
ticles to be examined, the different departments of the Peni¬
tentiary and the varied duties of each department to be in¬
spected, in order to obtain any thing like a true and tho¬
rough knowledge of its condition. Your Committee would
respectfully represent that they could not inform themselves
of its true state, without devoting the whole of their time
.'•nd attention in the discharge of this duty, to the neglect of
all others Such then being the case with us, and we ap¬
prehend such has been the fact with all other similar Com¬
mittees, the undersigned would state that they had in form¬
ing their opinions of the condition of the Penitentiary, and in
conducting their examinations, to rely almost entirely upon
the Report of the Principal Keeper and the books and
vouchers presented to us by him, and the Book Keeper, from
which books the Report was taken. Assuming then the
books presented to us for inspection, with the accompany¬
ing vouchers to contain a true statement of the different
'ransactions of the officers of the Penitentiary during the
- ast seven quarters of the years 1S4S and 1849, your Com¬
mittee would state that they find the institution to be in
good condition, so far as they were enabled to determine
rrom the data furnished as aforesaid, a tabular statement of
which is contained in the Principal Keeper's Report. Your
Committee would further add that they only investigated
r lie financial condition of the institution from the first day of
January, 1848, down to the first day of October, 1849, and
basing their calculations as heretofore observed, upon the
books and vouchers presented to us as aforesaid, they would
report that the accounts current of the Principal Keeper and
Book Keeper contained in the Principal Keeper's Report,
exhibit the condition of the Penitentiary as nearly as can be
done by an examination of said books and vouchers, and the
Hmiterl inspection of the assets of the institution which your
Committee could give them. The task imposed upon the
Penitentiary Committee, is a very onerous one, and the du¬
ties to be performed by them, cannot under the circumstan¬
ces attending their connection with the Legislature, be dis¬
charged during its ^session, with satisfaction to themselves
or profit to the Legislature, and in view of this fact, your
Committee would represent that the Reports of said Com-
SENATE.
205
mittees are always imperfect and not to be relied on, from
the simple reason that they are almost uniformly taken from
the shewing of the officers ol the institution. Under this
mode ol examining the affairs of the Penitentiary, it is ea¬
sily perceived how immense frauds can be practiced upon
the State, in its management by corrupt and designing offi¬
cers, without detection. The Principal Keeper fixes his
own value upon manufactured articles and reports the ag¬
gregate amount of material on hand. Under the present
system ol inspecting and examining the same,.'their valua¬
tions and amounts cannot be properly investigated, and how
easy then is it for the Principal Keeper to make it appear
that its condition was good and prosperous, when in truth
it was not so. Your Committee deem it due to the present
Principal Keeper to state that these suggestions have not been
prompted by any conduct of his coming under their super¬
vision, but on the expression of opinions formed and conclu¬
sions arrived at from mature reflections upon the subject
generally.
The undersigned would therefore suggest, that unless
some more efficacious mode of visiting and examining its ai-
O ©
fail's be adopted, the institution be leased out b}* the State
for the term of five years or longer, upon such conditions
and restrictions as will secure the end of its establishment.
The object of the Penitentiary system is punishment for
crime, and reformation of the moral character of the con¬
vict, and your Committee are fully satisfied that this ob¬
ject can be as well secured and as effectually accomplished
under the mode proposed by them of leasing out the institu¬
tion, as under the present plan of managing it, and that in a
pecuniary point of view, it would be/ar better for the inter¬
est of the State. As evidence of this fact, the undersigned
would refer your honorable body to the action of the Ala¬
bama Legislature on this subject, and the happy results at-'
tending that action. This question is respectfully submitted
to the serious consideration of yoiir honorable body. Your
Committee have also had under consideration the question
of moving a part of the convicts to Atlanta or some other
point on the Western and Atlantic Rail Road, for the pur-
Dose of engaging them at work on said road, or of construct-
ino- cars and repairing the machinery used thereon, and
would report that they regard the same impolitic, believing
that the cost, and expense incident to the keeping up two
separate establishments, would much more than counter¬
balance the corresponding profits and advantages that
might arise from Such change. This question however, to¬
gether with that of moving entire to Atlanta or some other
point on said road, the undersigned refer to the considera¬
tion of your honorable body without any suggestion on their
part.
206
JOURNAL OF THE
In the Report of the Assets of the Penitentiary by the
Book Keeper, your Committee find that about twelve or
thirteen thousand dollars of them are totally insolvent and
and worthless—and that by returning said worthless assets in
the general amount of the effects of the institution, a false
character of its condition is given to the public. They also
ascertain that there is a large amount of valueless material
on hand which has been inventoried at high prices, and
turned over from one Principal Keeper to another foi sev¬
eral years. ' This amount of worthless material being also
returned by the Principal Keeper in his reports to the Gov¬
ernor at such rates, has a tendency to deceive the public
with regard to the true amount of material on hand. To
remedy this, your Committee would suggest that the Book
Keeper be required to turn over such insolvent assets to the
Governor, and that in his future returns, no notice be taken
of the same, and they further recommend that a Committee
be appointed by the Governor to separate the worthless ma¬
terial from the balance, give the Principal Keeper a proper
credit for them, so that it shall not be necessary for him in
future to pay any further attention to them in his annual re¬
ports. .Your Committee have also ascertained that serious
injury has resulted to the institution by extending too long
the credits given on the sale of manufactured articles; that
in man}T instances of such extension the parties have be¬
come insolvent and the institution lost the debt. To pre¬
vent this, the undersigned would recommend that the Prin¬
cipal Keeper be allowed to exercise his own discretion in
the collection of debts due the Penitentiary, for twelve
months after they become due, and that if notpaicj then, the
same to be placed in the hands of the Attorney General for
collection, with instructions to sue thereon.
The discipline exercised by the Principal Keeper over
The convicts, has also claimed the attention of your Com¬
mittee, and although they are entirely averse to any thing
like cruelty or tyranny, in the management of them, yet
they are constrained to recommend a more strict and rigid
discipline than is now observed. They do this for the pur¬
pose of making the institution accomplish the end of its crea
tion, that of punishment and reformation. With regard to
the confinement of the convicts in their cells during Sab¬
bath, they think the suggestion of the Principal Keeper a
good one, and would recommend that he be authorised to
exercise his discretion in reference to the same.
In conclusion, your Committee take pleasure in stating
that they find the internal arrangements »of the institution
well ordered and conducted—that a proper regard is paid
to the health and comfort of the convicts by keeping their
cells neat and clean, and that the books of the different offi¬
cers are kept in a business-like manner.
SENATE.
207
To the Principal Keeper and other officers of the institu¬
tion, they tender their thanks for the kindness and attention
manifested towards your Committee in discharging the du¬
ties required of them. All of which is respectfully submit¬
ted. JOSEPH B. GONDEft,
B. C. EERRELL,
On motion of Mr. A. J. Miller, fifty copies of th'e same, and
also of the Majority Report heretofore made, were ordered
to be printed for the use of the Senate.
On motiou of Mr. Leonard the rule was suspended, and a
bill to secure to Rock Island Factory Company of Muscogee
county, certain privileges and legalize the building of a dam
or darns across the Chattahoochee river on their own land,
was taken up and read the second time, and referred to the
Committee of the whole.
The Senate then proceeded to the consideration of the un¬
finished business of the morning, to wit:
The bill repealing1 the third section of an act approved
December >29th, 1S47, entitled an act to authorize the Cen¬
tral Rail Road and Banking Compan}7, and the Macon and
Western Rail Road Compan}^, or either of them, to form a
junction of the Central Rail Road and Macon and Western
Rail Road in or near the limits of the City of Macon ; the
report was agreed to, the bill was read the third time, and
on the question "shall this bill now pass ?" the yeas and
nays were required to be recorded, and are—yeas 28,,
nays 6.
Those who voted in the affirmative, are Messrs.
Byrd, Ferrell, Purse,
Blackshear, Hines, Quarlerman,
James E. Brown, Thomas Johnston, John W. G. Smith,
Joseph E. Brown, John Jones, Ira E. Smith,
Bryan, Leonard, Spullock,
Chisolm, McBee, Stell^
Clark, McRae, Tomlinson,
Cochran, Mosely, Turner,
Eberhart, Murphy, Woods.
Edmondson,
Those who voted in the negative, are Messrs.
Elias Beall, Micajah Johnston, James A. Miller,
Clayton, Andrew J. Miller, Napier.
So the bill was passed.
The following- message was received from the House of
Representatives, by Mr. Harrison, their Cleik:
Mr* House of Representatives hn\e pns-
sed the following bills, to wit: _
A bill to amend the several acts now m force regulating
203
JOURNAL OF THE
the fees of Magistrates and Constables, so far as relates to the
county of Chatham, and to provide for the mode of collecting
the same.
A bill for the relief of Sarah A. Stephens.
A bill for the relief of Rena M. Pitman of Cobb county,
and to appropriate a sum of money therefor.
A bill to compensate Grand and Petit Jurors of Muscogee
county, and to authorize the Justices of the Inferior Court
of said county to levy and collect a tax for such purposes,
and for other purposes therein contained.
A bill to amend an act entitled an act to incorporate the
town of Lumpkin in Stewart county, assented to December
26th, 1831.
A Rill to add certain lots of land and parts of lots in the
counties of Crawford and Macon to the county of Taloot.
A bill to incorporate the Hancock Steamboat Company.
A bill to alter and amend an act to incorporate the South¬
ern Mutual Insurance Company, approved 29th day of De¬
cember, 1847.
The Senate took up as the report of the Committee of the
whole, a bill for die removal of a portion of the convicts in
the Penitentiary to Atlanta, and provide for their govern¬
ment.
On motion of Mr. A. J. Miller, the report was laid upon
the table for the present.
The following bills of the House of Representatives were
taken up and read the first time :
A bill to be entitled an act to incorporate the Sumter
Cavalry of the county of Sumter, and to extend to them cer¬
tain privileges.
Also, a bill to be entitled an act to add certain Jots of land
and parts of lots in the counties of Macon and Crawford to
the county of Talbot.
Also, a bill to be entitled an act to compensate the Petit
Jurors of Early county, and to provide for raising a fund for
the same.
Also, a Rill to >be entitled an act to incorporate the Mar-
shalviile Academy and appoint Trustees for the same.
Also, a bill to be entitled an act to revive and amend an
act assented to November 25th, 1825, entitled "an act to
make permanent the public buildings in the county of Tike
and incorporate the same."
Also, a bill to be entitled an act to authorize James Gow-
dy of Lumpkin county to erect and keep up his bridge across
the Chestaree river in said county on his own land, and to
charge toll.
Also, a bill to be entitled an act to compensate Petit Ju¬
rors in the county of Washington and provide for, and regu¬
late the manner of paying the same.
Also, a bill to be entitled an act to protect the people of
SENATE.
209
this State from vexatious prosecutions in cases where Grand
Juries have refused or may hereafter refuse to find true bills.
Also a bill to be entitled an act to provide for the safe cus¬
tody of persons convicted of any capital offence after they
may have been respited by the Governor.
Also, a bill to be entitled an act to impose certain additional
duties upon the treasurer and the trustee or person or persons
having charge of the Poor School Fund of Baker county.
Also, a bill to be entitled an act to amend the several acts
now in force regulating the fees of Magistrates and Consta¬
bles in the State of Georgia, so far as relates to the county
of Chatham, and to provide for the mode of collecting the
same.
Also, a bill to be entitled an act to amend an act to in¬
corporate the town of Lumpkin in Stewart county, assented
to December 26th, 1831.
Also, a bill to be entitled an act to abolish, change and
establish new election precincts in the counties hereinafter
named.
Also, a bill to be entitled an act to regulate tlie fees of
Attorneys and Solicitors General and for other purposes
therein specified-
Also, a bill to be entitled an act to make residence in the
Judicial district a necessary qualification of the States Attor¬
ney and Solicitor Generals of this Stale.
Also, a bill to be entitled an act to compensate Grand and
Petit Jurors of Muscogee county, and to authorize the Jus¬
tices of the Inferior Court of said county to levy and collect
a tax for such purposes and for other purposes therein con¬
tained.
Also, a bill to be entitled an act to alter and amend an act
to incorporate the Southern Mutual Insurance Company, ap¬
proved the 29th day of December, 1847.
Also, a bill to be entitled an act to incorporate Hamilton
Lodge number sixteen of Harris county.
Also, a bill to be entitled an act to alter and change the
line between the counties of Ware and Wayne, so as to in¬
clude the residences of Thomas Purdoin, James Amnions
and Willey Robinson, in the county of Wayne.
Also, a bill to be entitled an act for the relief of Charles
B. Lombard, and for other purposes therein named.
Also, a bill to be entitled an act for the relief of David
Dobbs, of the county of Cobb.
Also, a bill to be entitled an act to amend an act entitled
an act to incorporate the Southwestern Rail Road Company
and for other purposes.
Also, a bill to be entitled an act to alter and amend the
eleventh and thirteenth sections of the sixth division of the
Penal Code.
14
2J0
JOURNAL OF THE
Also, a bill to be entitled an act to incorporate the Han¬
cock Steamboat Company.
Also, a bill to be entitled an act to authorize Frederic A.
Williams to erect a ferry or bridge across the Chattahoochee
river on his own land.
Also, a bill to be entitled an act to authorize Samuel C.
Lippet to establish a ferry across Flint river.,
Also, a bill to be entitled an act for tbe relief of Rena M.
Pittmanof Cobb county and to appropriate a sum of money
therefor.
Also, a bill to be entitled an act to compensate Petit Jurors
in'tbe county of Houston.
Also, a bill to alter and define certain portions of the
boundary lines between the counties of Taliaferro and War-
ren, and the counties of Taliaferro and Hancock and for
other purposes therein specified.
Also, a bill to be entitled an act to alter and amend an
act to provide for the compensation of Grand Jurors of
Lumpkin county, passed Dec. 7th, 1843, and also to provide
for the compensation of Petit Jurors in the Superior and In¬
ferior Courts of said county.
Also, a bill to amend the first section of an act entitled an
act assented to on the 23d December, 1830, incorporating
with other academies the Female Academy of Talbotton,
&c.
Also, a bill to be entitled an act to revive and make of
force an act to incorporate the Thomaston and Barnsville
Rail Road Company, with power to construct a Rail Road
from some.point on the Monroe Rail Road at or near Barns¬
ville in Pike county to the town of Thomaston in Upson
county, and to punish persons who may wilfully injure the
same, and to confer all corporate power necessary to affect
said object,.assented to December 23d, 1839.
Also, a bill for the relief of Sarah A. Stephens.
Also, a bill to authorize William A. Carr and Peter A.
Summey, to open and keep open the North Oconee river
from the Factory dam at Athens to Chandler's bridge in
Jackson county, and to vest in them, their heirs and assigns,
the exclusive right of navigating said river between said
two points on the same for tbe term of fifteen years, and to
fix the maximum rates of transporting lumber, wood and
produce thereon.
Also, a bill for the relief of Robert Obarr, John F. Brown,
Edward A. Brown, Christopher Dodd, Robert L. Jones,
John L. Ferrell and William Hedden, all of Cass county.
The bill of the House of Representatives, for the relief of
James King of the county of Cherokee, was taken up, read
the second time and on motion was referred to the Committee
on Finance.
The following bills from the House of Representatives
SENATE. 211
i
were taken up and read the second time and referred to the
Committee of the whole House.
A bill to repeal an act entitled an act to extend the corpo¬
rate limits of the town of Talbotton.
Also, a bill to repeal an act entitled an act to appoint
County Treasurers, and define their duties so far as relates
to the county of Troup, and to give to the prople of said
county the election of Treasurer, approved 24th December,
1825.
Also, a bill to incorporate the Griffin, and West Point
Plank Road Company for the purpose of - constructing a
Plank road from Griffin to the town of West Point in Troup
county, and to punish those who may wilfully injure the
same.
, Also, a bill to incorporate Dawson Lodge No. 67, also,
Burns Lodge No. 56, of Free Masons, and for other purposes
therein specified.
Also, a bill to grant certain privileges to the Burke
Guards, a Volunteer Company of Infantry in Burke county.
Also, a bill to allow the Sheriff of Chatham county certain
fees which are not provided by law, and to allow him to ap¬
point special Deputy Sheriffs in certain cases. ,
Also, a bill to incorporate the Northwestern Plank or Rail
Road Company of Georgia and to punish persons for vio¬
lating the same.
Also, a bill to reduce the official bonds of the Sheriffs here¬
after to be- elected -in the county of Franklin, from the sum
twenty thousand dollars to the sum of ten thousand dollars.
Also, a bill to reduce the Sheriffs' bonds of the county of
Telfair.
Also, a bill to amend an act to provide for the Education
of the Poor, assented to the 27th December, 1843, so far as
relates to the county of Warren.
Also, a bill to give to the Justices of the Peace of the nine
hundred and thirteenth district, G. M., the right to hold their
Courts two days and to legalize their Judicial acts
Also, a bill to repeal an act entitled an act to incorporate
the Campbellton Bridge Company and to authorize thern to
build a bridge across the Chattahoochee river, assented to
December 29th, 1847.
Also, a bill to change and fix the time of holding the Su¬
perior Courts in the Eastern district, so far as relates to the
counties of Bulloch and Effingham.
Also, a bill for the relief of Henry D. More. .
Also, a bill to relieve William W. Barton and Ephraim
G. Ponder and their securities, from all their liability under
their respective recognizances for their appearance at the
May term 1849, of Chatham Superior Court.
Also, a bill to be entitled an act to authorize James J. Lo-
212
journal of the
gan to build and keep up a mill dam across Nolly river, in the
county of Union.
Also, a bill to alter and change the line between the coun¬
ties of Appling and Telfair so as to include the residence of
William Asbell in the county of Telfair, and also the line
between the counties of Ware and Telfair so as to include
the residence of David and James Gaskings, in the county of
Telfair.
Also, a bill to incorporate the trustees for Wesley Chapel,
Andrew Chapel and Trinity Ch.urch of the Methodist Epis¬
copal Church, South, in the City of Savannah.
Mr. Dunham reported a bill to be entitled an act to in¬
corporate an Academy at Centre village in the county of
Camden, and to provide means for erecting suitable build¬
ings for the same, which was read the first time.
Mr. J. R. Smith offered the following resolution :
Resolved, That the Ladies who may visit the Senate
Chamber during the present session of the Legislature, be
and they are hereby invited to seats upon the floor of the
Senate Chamber, without the bar, and that the Door Keeper
is hereby required to furnish seats for their accomrpodation,
which was taken up, read and agreed to.
On motion,
The Senate adjourned until ten o'clock to-morrow morn¬
ing.
THURSDAY, December 13, 1849.
The Senate met pursuant'to adjournment.
Mr. Napier moved to reconsider so much of the Journal
of yesterday as relates to the passage of the bill repealing
the third section of an act approved December 29, 1847,
entitled an act to authorize the Central Rail Road and Bank¬
ing Company and the Macon and Western Rail Road Com¬
pany, or either of them, to form a junction of the Central
Rail Road and Macon and Western Rail Road in or near the
limits of the city of Macon. Which was lost.
Mr. Leonard reported a bill to be entitled an act to ex¬
empt from taxation the Odd Fellow Institute in the city of
Columbus, No. 6, which was read the first time.
The Senate proceeded to the consideration of the special
order of the day and took up as the report of the Commit¬
tee of the whole, the bill of the House of Representatives to
repeal all laws respecting the importation of slaves into this
State, and upon the first section being read as follows,
to-wit:
Be it enacted by the Senate and House of Representatives of
SENATE.
213
the State of,Georgia, in General Assembly met, and it is hereby
enacted by the authority oj the same, That from and after the
passage of this act all laws or parts of laws, civil and crim¬
inal, forbidding or in any manner restricting the importation
of slaves into this State from any other slaveholding State of
this Union, be and the same are hereby repealed.
Mr. A.J. Miller moved to amend by striking out the
words " passage of this act," and inserting in lieu thereof
the words " first day of June," which was lost.
Mr. A. J. Miller moved to amend further by adding as an
additional section the following, to-wit:
'And be it further enacted, That it shall be lawful for the
corporate authorities of any city or town in this State by
ordinance to regulate the sale of slaves by traders within
their limits, (except sales at public outcry at the place of
public sales fixed by law,) and to prescribe the places within
their jurisdiction in which marts for the sale of slaves and
slaves for sale by traders, shall be kept with authority to
enforce such ordinances.
Mr. John Jones moved to amend the amendment by ad
ding the following proviso, to-wit:
Provided, that nothing herein contained shall authorize
any corporation to levy any tax on the sale of slaves within
their limits.
Mr. Murphy moved to lay both of the amendments on. the
tabic for the balance of the session. Upon which motion the
yeas and nays were required to be recorded, and are yeas
15, nays 26.
Those who voted in the affirmative, are Messrs.
Byrd, Cochran, Napier, •
Joseph E. Brown, Edmondson, , John W. G. Smith,
Bryan, John Jones, Stell,
Chisolm, McBee, Turner,
Clark, Murphy, Woods.
Those who voted in the negative, are Messrs.
Anderson, Gonder, Andrew J. Miller,
Augustus Beall, Hines, James A. Miller,
Elias Beall, Micajah Johnston, Mosely,
Blackshear, Thomas Johnston, Purse,
James E. Brown, William Jones, Quarterman, _
Clayton, Leonard, James R. Smith,
Dunham, Long, Ira E. Smith,
Eberhart, Love, Tomlinson.
Ferrell, McRae,
So the motion was lost.
The question then recurred on receiving the amendment
of Mr. John Jones to the amendment, whereupon the yeas
214
JOURNAL OF THE
and nays were required to be recorded, and are yeas 10,
nays 32.
Those who voted in the affirmative, are Messrs.
Byrd,
Bryan,
Chisolm,
Cochran,
Edmondson,
John Jones,
McBee,
Mosely,
John W. G. Smith,
Turner.
Those who voted in the negative, are Messrs.
Gonder, Murphy,
Hines, Napier,
Micajah Johnston, Purse,
Thomas Johnston, Quarterman,
Anderson,
Augustus-Beall,
Elias Beall,
Blackshear,
James E. Brown,
Joseph E. Brown
Clark,
Clayton,
Dunham,
Eberhart,
Ferrell,
William Jones,
Leonard,
Long,
James R. Smith,
Ira E. Smith,
•Spullock,
Stell,
Tomlinson,
Woods.
Love,
McRae,
Andrew J. Miller,
James A. Miller,
So the motion was lost.
The question then recurring on receiving the amendment
of Mr. Miller, the yeas and nays were required to be record¬
ed and are yeas 25, nays 16.
Those who voted in the affirmative, are Messrs.
Anderson,
Augustus Beall,
Elias Beall,
Blackshear,
James E. Brown,
Clayton,
punham,
Eberhart,
Ferrell,
Gonder, McRae,
Hines, Andrew J. Miller,
Micajah Johnston, James A. Miller,
Thomas Johnston, Purse,
William Jones, Quarterman,
Leonard, James R. Smith,
Long, Ira E. Smith,
Love, Tomlinson.
Those who voted in the negative, are Messrs.
Edmondson,
John Jones,
McBee,
Mosely,
Murphy,
Napier,
John W. G. Smith,
Stell,
Turner,
Woods.
Byrd,
Joseph E. Brown
Bryan,
Chisolm,
Clark,
Cochran,
So the motion prevailed.
Mr. Love moved to amend by adding an additional sec¬
tion, the following, to-wit:
And be it further enacted, That any speculator or trader
SE3CATE.
215
in slaves shall pay one dollar to the County Treasurer for
each slave in each county where he shall offerffiis negroes
for sale, which shall be held and used for the purposes of
education alone ; and any trader in slaves as aforesaid fail¬
ing or refusing to pay said sum, he shall be subject tb in-
indictment for a misdemeanor, and on conviction shall be
fined in a sum not less than fifty dollars'.
Upon which motion the yeas and nays were required to
be recorded, and are yeas 29, nays 20.
Those who voted in the affirmative, are Messrs.
Anderson,
Augustus JBeall,
Elias Bead,
Blackshear,
Clayton,
Eberhart,
F errell,
Gonder McRae,
Hines, Andrew J. Miller,
Micajah Johnston, James A. Miller,
Thomas Johnston, Murphy,
Leonard, Quarterman,
Long, Tomlinson.
Love,
Those who voted in the negative, are Messrs.
Byrd,
Joseph E. Brown,
Bryan,
Chisoltn,
Clark,
Cochran,
Dunham,
James R. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
Edmondson,
William Jones,
John Jones,
McBee,
Mosely,
Napier,
John W. G. Smith, - *
The President voting in the negative the amendment was
rejected.
Mr. Woods moved to amend by adding as -an additional
section, the following, to-wit:
And be it further enacted, That each and every speculator
in slaves shall pay the sum of fifty cents, and no more, on
everv slave brought front other States, to the corporate au¬
thorities of each and every city in which they may offer
tfysm for sale. Which was lost.
The report as amended, was then agreed to, the bill was
read the third time, and on the question " Shall this bill now
pass f" the yeas and nays were required to be recorded,
and are yeas 34; nays 9.
Those who voted in the affirmative, are Messrs.
Anderson, Clark,
Byrd, Clayton,
Blackshear, . Cochran,
James E.. Brown, Dunham,
Joseph E. Brown, Eberhart,
Bryan, Edmondson,
Chisolm, Ferrell,
Gonder,
Thomas Johnston,
William Jones,
John Jones,
Leonard,
Love,
McBee,,
216
JOURNAL OP THE
James A. Miller, Rawls, Spullock,
Mosely, John W. G. Smith, Stell,
Murphy, James R.'Smith, Turner,
Napier, Ira E. Smith, Woods.
Purse,
Those who voted in the negative, are Messrs.
Augustus Beall, Micajah Johnston, Andrew J. Miller,
Elias Beall, Long, Quarterman,
Hines, McRae, Tomlinson.
So the bill was passed.
The following message from the House of Representa¬
tives was received by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
agreed to the amendment of Senate to the bill of the House
to authorize Hardy Strickland of the county of Forsyth, ad¬
ministrator upon the estate of Mark W. Killings worth, de¬
ceased, of the county of DeKalb, to make his returns in
the county of Forsyth.
They have passed the following bills, to-wit:
A bill for the relief of Bedford J. Heard of Macon
county.
A bill to amend an act to incorporate the St. Marys' Li¬
brary Society, assented to December 19th, 1829.
A bill to incorporate the Sweet Water Manufacturing
Company.
A bill to change the line between the counties of Gwin¬
nett and Jackson, so as to add the residence of Dilmus L.
Jarrett of the county of Gwinnett to the county of Jackson.
A bill for the relief of William H. Monroe.
A bill to pardon Sampson Braziel, a convict in the Peni¬
tentiary of this State.
A bill to alter and fix the time of holding the- Superior
Courts of tbe county of Pulaski, of the Southern Circuit.
A bill to prevent tbe killing of Deer at certain periods in
the county of Richmond.
A bill to authorize Nancy Weston, the wife of James
Weston of the county of Cass, to exercise all the rights of a
feme sole.
A bill to add an additional number of Trustees to the At-
tapulgus Academy in Decatur county.
A bill to compensate Petit Jurors of the county of Lau¬
rens.
And a bill to incorporate the Andrews Academy and ap¬
point Trustees for the same.
On motion of Mr. Long, the Senate took up as the report
of the Committee of the whole, the reconsidered bill to in¬
corporate the town of Chatham in the county of Chatham,
SENATE.
217
and to establish a Ferry across Savannah and Back Ri¬
vers.*
Mr. Purse moved to lay the report upon the table for the
balance of the session—whereupon the yeas and nays were
required to be recorded, and are yeas 24, nays 9.
Those who voted in the affirmative, are Messrs.
Anderson, Dunham, Purse,
Blackshear, Eberhart, Quarterman,
James E. Brown, Edmondson, John W. G. Smith,
Joseph E. Brown, Thomas Johnston, Ira E. Smith,
Bryan, McBee, Spullock,
Chisolm, Andrew J. Miller, Stell, '
Glark, Mosely, Tomlinson,
Clayton, Napier, Turner.
Those who voted in the negative, are Messrs.
Byrd, Leonard, McRae,
Micajah Johnston, Long, Rawls,
John Jones, Love, Woods.
So the motion prevailed.
On motion of Mr. J. R. Smith, the Senate took up as the
report of the Committee of the whole, the reconsidered bill
to relieve the Justices of the Inferior Court and Clerks there¬
of from Jury duty.
Mr. J. R. Smith moved to amend by striking out the
words "and Clerks thereof" wherever they appear in the
bill, which was agreed to, and upon the first section being
read as follows, to-wit:
Be it enacted by the Senate and House of Representatives of
the State of Georgia in General Assembly met, and it is hereby
enacted by authority of the same, That from and after the pas¬
sage of this act all Justices of the Infetior Courts of this
State and Clerks thereof, be and the same are hereby ex¬
empted from Jury duty.
Mr. J. R. Smith moved to amend further by striking out
the words " are hereby exempted" and inserting in lieu
thereof the words "shall at their own option be exempt,"
which was agreed to. The report as amended was agreed
to, the bill was read the third time and passed.
Mr. Joseph E. Brown offered the following resolution
Resolved by the Senate and House of Representatives of the
State of Georgia, That his excellency the Governor be re¬
quested to appoint three suitable persons as a Committee to
enquire into the state of education in Georgia, to report to
the, next Legislature on the operation of the present poor
school law, to recommend any alteration in the same that
may to them seem advisable, or to suggest a plan for gene¬
ral education if considered by them expedient, accompanied
journal of the
by a suitable bill for carrying out the same, provided the
same can be done without cost to the State or cost upon the
school fund, which was taken up, read and agreed to.
On motion, the Senate adjourned until three o'clock,
P. M.
Three o'clock, P. M.
The' Senate met. pursuant to adjournment.
On motion of Mr. A. J. Milier, the following bills of the
House of Representatives were taken up and read the second
time and referred to the Committee of the whole house :
A bill to amend the several acts now in force regulating
the fees of Magistrates and Constables in the State of Geor¬
gia, so far as relates to the county of Chatham, and to pro¬
vide for the mode of collecting the same.
Also, a bill for the relief of Robert Obarr, John F. Brown,
Edward A. Brown, Christopher Dodd, Robert L. Jones,
John L. Terrell and William Iledden, all of Cass county.
Mr. Stell from the Committee on Enrolment, reported as
duly enrolled and signed, by the Speaker of the House of
Representatives, and ready for the signature of the Presi¬
dent of the Senate, an act to authorize Osborne A. Lochrane
of Clark county to plead and practice law in this State.
Also, an act to incorporate the town of Oglethorpe in the
county of Macon.
Also, an act to repeal an act entitled an act to consolidate
the offices of Tax Collector and Receiver of Tax Returns in
trie counties of Rabun, Camden, Irwin, Floyd, Scriven,
Paulding, Wayne, Murray, Cherokee, Glynn, Telfair and
Laurens, so far as relates to the county of Murray, assented
to 25th December, 1837.
Also, an act to repeal an act consolidating the offices of
Tax Collector and Receiver of Tax Returns of the counties
of Baldwin, Chattooga, Franklin, Gwinnett, Heard, Upson,
Wilkes, Mcintosh, Thomas, Jefferson, Cobb, Hancock,
Dooly and Marion, passed on the 9t.h December, 1839, so
far as respects the counties of Franklin and Heard.
Also, an act to incorporate Rising iSun Lodge, No. 20, of
Reidsville, Tattnall county.
Also, an act for the relief of Mary Louisa Pritchard.
Also, an act to change the boundary line between the
counties of Cobb and Paulding.
Also, an act to amend an act incorporating the Atlanta
and LaGrange Rail Road Company.
Also, an act to authorize Mark Water and Company to
SENATE.
219
establish a Ferry across the Chattahoochee River on their
own land in the counties of Gwinnett and Forsyth.
Also, an act to authorize Mrs. Elizabeth Montfort to erect
a mill dam across Flint River in the county of Craw lord, up¬
on certain conditions.
Also, an act to establish additional election precincts in
the county of Habersham.
Also, an act to amend the several acts in relation to issu-
ing of grants on head tights in this State, so far as to extend
the time for granting the same, until the 25th day of Decem¬
ber, 1851.
Also, an act to provide for the compensation of Grand
and Petit Jurors of the Superior and Inferior Courts of the
county of Elbert.
Also, an act to authorize the Justices of the Inferior Court
ol Elbert county to levy an extra tax for the purpose of
building a Court House in said county.
Also, an act to authorize Hardy Strickland, of the county
of Forsyth, administrator upon the estate of Mark W. Kii-
lingsworth, deceased, of the county of DeKalb, to make his
returns in the county of Forsyth.
Also, an act in relation to the holding of the Inferior Courts
and Courts of Ordinary, in Glynn county.
On motion, the rule was susoended and Mr. Love laid
upon the table the following preamble and resolutions :
Whereas there is an immense accumulation of business
before the present Legislature ; and whereas the closing of
the present session thereof at the usual time would necessa¬
rily bring about hasty and inconsiderate legislation, which
would be wrong in itself and unjust to the people; and
whereas the interesting position ot the South in regard to
the Slavery question, rendered more so by the recent excit¬
ing, scenes enacted at Washington, makes it highly expedi¬
ent that the Legislature of this State should be in session at
and for some time after the reception by Congress of the
President's Message :
Be it therefore resolved by the Senate a,nd House of, Represen¬
tatives of the State of Georgia in General Assembly met, That
both branches of the General Assembly will take a recess
from and after the 22d inst. and meet again on the 14th day
of January next.
And, be it further enacted, That no member of the Legisla¬
ture shall receive per diem pay during said recess, nor pa}'
for mileage.
The order was resumed and the following bills of the
House of Representatives were taken up and read the sec¬
ond time, and referred to the Committeeol the whole House,
to wit:
A bill to authorize and empower John S..Rowland to es-
220
JOURNAL OF THE
tablish a ferry or build a bridge across the Etowa River on
his own land, in Cass county, and to take toll.
Also, a bill to revive and amend an act assented to No¬
vember 25th, 1825, entitled an act to make permanent the
■site of the public buildings in the county of Pike, and to
name and incorporate the same.
Also, a bill to provide for the safe custody of persons con¬
victed of any capital offence, after being respited by the
Governor.
Also, a bill to alter and amend the Poor school Laws now
in force, &c., so far as respects the county of Dooly.
Also, a bill to impose certain duties on the Treasurer and
Trustees of the Poor School fund, of the county of Burke.
Also, a bill to authorize William S. Hammill, sen'r.,to
establish a Ferry across Flint River.
Also, a bill to" make Ellen M. Baker the heir of James R.
Ware, and to cause her to stand related to him in all re¬
spects as if she were the child of his body, and for other
purposes.
Also, a bill to authorize James Giway, of Lumpkin coun¬
ty, to erect and keep up his Bridge across the Chestatee
River, in said county, on his own land, and to charge toll.
Also, a bill to regulate the fees of Attorneys and Solicitors
General, and other purposes therein specified.
Also, a bill to protect the people of this State from vexa¬
tious prosecutions in cases where Grand Juries have refused
or may hereafter refuse to find true bills.
Also, a bill for the relief of David Dobbs, of the county of
Cobb.
Also, a bill to incorporate the Wilmington Academy, of
the county of Macon, and appoint Trustees for the same.
Also, a bill to amend an act to incorporate the town of
Lumpkin, -in Stewart county, assented to December 26th,
1831.
Also, a bill tq amend an act entitled an act to amend the
several acts regulating Roads in this State, so far as respects
the operation of said acts in the counties of Bryan, Liberty,
Mcintosh, Glynn, Camden and Wayne, approved the 8th
day of Dt&ember, 1806.
Also, a bill to incorporate the Houston Branch Rail Road
Company, and to authorize said Company to construct a
Rail Road from some suitable point on the Southwestern
Rail Road to the town of Perry, in Houston county.
Also, a bill to authorize the Southwestern Rail Road Com¬
pany to construct its Rail Road through the public Reserve,
adjoining the corporate limits of the city of Macon, and to
grant to said Company the use of part of the said Reserve
for a Depot.
Also, a bill to alter and amend an act to incorporate the
SENATE.
221
Southern Mutual Insurance Company, approved the 29th
day of December, 1847.
Also, a bill to add certain lots of land and parts of lots in
the counties of Macon and Crawford to the county of
Talbot.
Also, a bill to authorize Frederic A. Williams to erect a
Ferry or Bridge across the Chattahoochee River, on his own
land.
Also, a bill to authorize Samuel C.#Lippit to establish a
Ferry across Flint River.
Also, a bill to make residence in the Judicial district, a
necessary qualification of the States Attorney and Solicitors
General of this State.
Also, a bill to compensate Grand' and Petit Jurors of the
county of Muscogee, and to authorize the Justices of the In¬
ferior Court of said county to levy and collect a tax for such
purposes, and lor other purposes herein contained.
• Also, a bill to incorporate the Hancock Steamboat Com¬
pany.
Also, a bill to consolidate the offices of Clerk of the Supe¬
rior and Inferior Courts for the county of Talbot.-
A bill to incorporate the Marshalville Academy, and ap¬
point Trustees for the same.
A bill to compensate the Petit Jurors of Early county,
and to'provide for raising a fund for the same.
A bill to repeal so much of an act assented to 19th of De¬
cember, 1840, as relates to the consolidation of the offices of
Tax Collector and Receiver of Tax Returns of the county
of Montgomery.
A bill to alter and change the time of holding the Superior
Courts of the county of Macon, of the Southwestern Circuit,
and to require the same to be held two weeks if necessary.
A bill to compensate Petit Jurors in the county of Wash¬
ington, and provide for and regulate the manner of paying
the same.
A bill to change the line between the counties of Craw¬
ford and Macon, so as to add lots numbers one hundred and
three and one hundred and twenty-two. Also fractions
numbers one hundred and thirty-five, one hundred and
thirty-six and one hundred and thirty-seven, all in the
eighth district of Crawford county, to the county of Macon.
A bill to alter and amend the eleventh and thirteenth
sections of the Sixth Division of the Penal. Code.
A bill to alter and define certain portions of the boundary
lines between the counties of Taliaferro and Warren, and
the counties of Taliaferro and Hancock, and for other pur¬
poses therein specified.
A bill to alter and amend an act to provide for the com¬
pensation of Grand Jurors of Lumpkin county, passed De¬
cember 7th, 1843, and also to provide for the compensation
222
JOURNAL OF THE
of Petit Jurors in the Superior and Inferior Courts of said
county,
A bill to alter and change the line between the counties
of Ware and Wayne, so as to include 'the residence of
Thomas Purdom, James Ammons and Wiley Robinson, in
the county of Wayne.
A bill to amend an act to incorporate the South Western
Rail Road Company, with power to extend branches to Al¬
bany, in the county of Baker, and Fort Gaines, in the coun¬
ty of Early, or to points belovs those places on the Chatta¬
hoochee and Flint Rivers, and to punish those who may
wilfully injure the same, assented to Dec. 27, 1845, and for
other purposes.
A bill for the relief of Charles B. Lombard and for other
purposes therein named.
A bill to incorporate Hamilton Lodge, No. sixteen, of
Harris county.
A bill to compensate Petit Jurors, in the county of Hous¬
ton.
A bill to amend the first section of an act entitled an act
to amend an act assented to on the 23d Dec., 1830, incor¬
porating with other Academies the Female Academy of
Talbotton.
A bill to authorize William A. Carr and Peter A. Sum-
mev to open and keep open the North Oconee River from
the Factory Dam at Athens, to Chandler's Bridge; in Jack¬
son county, and to vest in them, their heirs and assigns, the
exclusive right of navigating said River between said two
points on the same, for the term of fifteen years, and to fix
the maximum rates of transporting lumber, wood and pro¬
duce thereon.
Also, a bill to revive and make of force an act to incorpo¬
rate the Thomaston and Barnesville Rail Road Company,
with power to construct a Rail Road from some point on the
Monroe Rail Road at or near Barnesville, in Pike county, to
the town of Thomaston, in Upson county, and to punish
persons who ma.y wilfully injure the same, and to confer all
corporate powers necessary to effect said object, assented to
December 23d,. 1S39.
The following bills of the House of Representatives were
taken up, read the second time, and on motion, referred to
the Committee on the Military.
A bill to be entitled an act to grant certain privileges and
immunities to the "Scriven Troup," a volunteer corps of
Cavalry, in the county of Scriven.
A bill to be entitled an act to incorporate the volunteer
corps of Dragoons in the county of Houston, and to grant
certain privileges to the same.
A bill to be entitled an act to incorporate the Military
Company of Infantry in the county of Marion, in this State,
SENATE.
22-5
known by the name and style of the " Marion. Blues," and
to grant them certain privileges and exemptions therein spe¬
cified.
The following bills of the House of Representatives were
taken up, read the second time and on motion, referred to
the Committee on Finance :
A bill to be entitled an act for the relief of Sarah A. Ste¬
phens.
A bill to be entitled an act for the relief of Rene M. Pitt-
man, of Cobb county, and to appropriate a sum of money
iherefor.
The following bill of the House of Representatives, was
taken up, read the second time and on motion, referred to
the Committee on Privileges and Elections:
A bill to be entitled an act to abolish, change'and estab¬
lish new election precincts in the counties hereinafter
named.
The following bill of the House of Representatives, was
taken up, read the second time and on motion, referred to
the Committee on the Military :
A l^ill to be entitled an act to incorporate the Sumter
Cavalry, of the county of Sumter, and - to extend to them
certain privileges.
The following bills of the House of Representatives, were
taken up and read the first time, to wit:
A bill to amend an act approved December 19th, 1S29,
entitled an act to incorporate the St. Mary's Library So¬
ciety.
Also, a bill to alter and fix the time of holding the Supe¬
rior Courts in the county of Pulaski, of the Southern Cir¬
cuit.
Also, a bill to add an additional number of Trustees to
the Attapulgus Academy, in Decatur county.
Also, a bill to empower Nancy Weston, the wife of James
Weston, of the county of Cass, to exercise all the rights of a
feme sole.
Also, a bill to pardon Sampson Braziel, a convict in the
Penitentiary of this State.^
Also, a bill for theTelief of Bedford J. Heard, of the
county of Macon. _ •
Also, a bill for the relief of William H. Monroe, lately the
husband of Mary Ann Monroe.
Also, a bill to incorporate the Sweet Water Manufactur¬
ing Company.
Also, a bill to prevent the killing of deer at certain pe¬
riods, in the county of Richmond.
Also, a bill to change the line between the counties of
Gwinnett and Jackson, soasrto add the residence ofDilmas
L. Jarrett, of the county of Gwinnett, to the county of Jack¬
son.
22^ JOURNAL OV THE
Also a bill to incorporate the Andrew Academy, and ap-
• Trustees for the same.
P°Also a - bill to compensate Petit Jurors of Laurens
C° The"following bills of the Senate were taken up and read
the second time, and referred to the Committee of the
whole •
The bill to alter and amend the third section of the first
article of the Constitution.
Also, a bill to change the names and legitimatize certain
childreri therein named.
Also, a bill to incorporate an Academy at Centre village,
in the county of Camden, to be known by the name and
style of Centre village Academy, and to provide means for
erecting suitable buddings for the same.
Also, a bill in relation to the removal of the county site of
Columbia county, fixing a new site, building a new Court
House and Jail, "and other purposes therein mentioned.
Also, a bill to change the time of holding the Supreme
Court at Cassville and Gainesville.
Also, a bill to authorize the Alabam i and Georgia Rail
Road Company, of the State of Alabama, to extend their
contemplated Rail Road from the Alabama line, through a
part of the county of Floyd, to some point near the city ot
Rome, in said county, to secure to said Company certain
rights and privileges, and for other purposes.
Also, a bill to change the name of E. YV. Wingfield to E.
H. Win afield, and the name of Henry Fitz to Henry Sitz,
to "certain lots of land hereafter named.
Mr. William Jones reported a bill to be entitled an act to
authorize Jacob Piltman, a decrepid and infirm man, a citi¬
zen of the county of Ware, to vend and peddle on all goods,
wares and merchandize throughout all the counties of the
First Congressional District, without paying a fee or license
tor the same, which was read the first lime.
On motion,
The Senate adjourned until to-morrow morning, ten
o'clock.
FRIDAY, December 14, is49.
The Senate met pursuant to adjournment.
Mr. Chisoltn reported a bill to be entitled an act to lav out
and-organize a new county irom the countiesof Flovd (fZ
and Murray, and attach the same to a senatorial district
which was read the first time. ui&irici,
Mr. Clark reported a bill to be.entitled an act to alter and
SENATE.
225
fix the times for holding the Inferior Courts of Baker county,
which was read the first time.
Mr. Cochran reported a bill to be entitled an act for the
relief of Francis M. Isonof the county of Pike, which was
read the first time.
Mr. Purse reported a bill to be entitled an act to amend
the act approved 27th December, 1845, entitled an act to
exempt journeymen mechanics and laborers of this State
from the garnishment of their wages so far as to permit said
wages to begarnisheed, except for bills or debts contracted for
liquors or other intoxicating drinks, drank in any store, shop,
tavern, bar-room or any such like place, or at any other
place or places whatever, which was read the first time.
Also, a bill to be entitled an act to prevent officers of
Banks from voting for Directors by proxy, which was read
the first time.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have this
day agreed to a resolution that the Senate and House of
Representatives in General Assembly now met, do take a re¬
cess from and after the twentieth instant and meet again on
the second Monday in January next, and I am directed to
bring said resolution to the Senate forthwith, and to request
their immediate concurrence.
On motion of Mr. Anderson the Senate took up the bill to
amend the several acts in relation to the Georgia Rail Road
and Banking Company.
Mr. Anderson moved to disagree to the amendment ofithe
House of Representatives, which was as follows, to wit:
Provided that the amount of the increased Stock of said
Company shall not be exempted from taxation as is secured
to the present Stock by the latter clause of the 15th section
of the Charter of said Company, but shall be subject to such
tax as the Legislature may hereafter impose.
Upon which motion the yeas and nays were required to
be recorded, and are—yeas 18, aays 24.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, Purse,
Elias Beall, Hines, Quarterman,
Blackshear, Thomas Johnston, John W. G. Smith,
Clayton, Andrew J. Miller, James R. Smith,
Cochran, James A. Miller, Ira E. Smith,
Dunham, Mosely, Spullock.
Those who voted in the negative, are Messrs.
Augustus Beall, Joseph E. Brown, Clark,
Byrd, Bryan, Edmondson,
James E. Brown, Chisolm, Ferrell,
226
JOURNAL OP THE
Micajah Johnston, Love, Rawls,
William Jones, McBee, Stell,
John Jones, McRae, Tomlinson,
Leonard, Murphy, Turner,
Long, Napier, Woods.
So the motion was lost.
On motion of Mr. Love the Senate took up the preamble
and resolutions of the House of Representatives in relation
to the General Assembly taking a recess from the twentieth
instant until the second Monday in January, and on reading
the preamble as follows, to wit:
Whereas by reason of the fact that the sessions of the
Legislature of this State are held but once in two years,
there is an accumulation of business before the General As¬
sembly, that the same cannot be attended to and performed
within the time allowed for holding said sessions, and
whereas it is important to the people that the legislation
necessary for their interest should be had, and the growing
prosperity of the State requires that more time should be
consumed in legislation.
Mr. A. J. Miller moved to amend by striking out the pre¬
amble and inserting in lieu thereof, the following, to wit:
Whereas there is an immense accumulation of business
before the present Legislature, and whereas the closing of
the present session thereof at the usual time, would necessa¬
rily bring about hasty and inconsiderate legislation, which
would be wrong in itself and unjust to the people, and
whereas the interesting position of the South in regard to the
Slavery question, rendered more so by the recent exciting
scenes enacted at Washington, makes it highly expedient
that the Legislature of this State should be in session at and
for some time after the reception by Congress of the Presi¬
dent's Message—which was agreed to, and on reading the
resolution as follows, to wit:
Be it therefore resolved that the Senate and House of Repre¬
sentatives of the State of Georgia in General Assembly now met,
Do take a recess from and after the twentieth instant and
meet again on the second Monday in January next.
Mr. A. J. Miller moved to amend by striking out the words
" second Monday" and inserting in lieu thereof the words
"fourth Monday."
Mr. Love moved the previous question, which was sec¬
onded, and on the question, "shall the main question now
be put ?" the yeas and hays were required to be recorded,
and are—yeas 29, nays Id.
Those who voted in the affirmative, are Messrs.
Anderson, Elias Beall, ' James E. Brown,
Augustus Beall, Byrd, Bryan,
SENATE
227
Clark,
Clayton,
Cochran,
Eberhart,
Edmondson,
Gonder,
Hines,
Thomas Johnston, James A. Miller,
Mosely,
Rawls,
James R. Smith,
Stell,
Tomlinson,
Turner.
William Jones,
John Jones,
Leonard,
Long,
Love,
McBee,
Mieajah Johnston, McRae,
Those who voted in the negative, are Messrs.
Blackshear, Andrew J. Miller, John W. G. Smith,
Joseph E. Brown, Murphy, Ira E. Smith,
Chisolm, Napier, Spullock,
Dunham, Purse, Woods.
Ferrell, Quarterman,
So the motion prevailed.
The question then recurring upon the Senate concurring
in the resolutions as amended, the yeas and nays were re¬
quired to be recorded, aad are—yeas 24, nays 19.
Those who voted in the affirmative, are Messrs.
Anderson, Gonder, Love,
Augustus Beall, Hines, McBee,
Elias Beall, Mieajah Johnston, McRae,
James E. Brown, Thomas Johnston, James A. Miller,
Clayton, William Jones, Mosely,
Cochran, John Jones, James R. Smith,
Eberhart, Leonard, Tomlinson,
Edmondson, Long, Turner.
Those who voted in the negative, are Messrs.
Byrd, Ferrell, Rawls,
Blackshear, Andrew J. Miller, John W. G. Smith,
Joseph E. Brown, MurphyIra E. Smith*
~ Napier,
Purse,
Quarterman,
Spullock,
Stell,
Woods.
Bryan,
Chisolm,
Clark,
Dunham,
So the resolutions were -concurred in.
Mr. Love moved to suspend the rule, and that the Secre¬
tary should carry the resolations as amended forthwith to the
House of Representatives, upon which motion the yeas and
nays were required to be recorded, and are—yeas 21,
nays 20.
Those who voted in the affirmative, are Messrs.
Augustus Beall, Cochran, Gonder,
James E. Brown, Eberhart, Hines,
Clayton, Edmondson, Mieajah Johnston,
228 JOURNAL OF THE
Thomas Johnston, Love, Mosely,
William Jones, McBee, James R. Smith,
Leonard, McRae, Tomlinson,
Long, James A. Miller, Turner.
Those who voted in the negative are Messrs.
Anderson, Dunham, Rawls,
Byrd, Feriell, John W. G. Smith,
Blackshear, John Jones, Ira E. Smith,
Joseph E. Brown, Andrew J. Miller, Spullock,
Bryan, Murphy, Stell,
Chisolm, Purse, Woods.
Clark, Quarterman,
So there not being a majority of two-thirds, the motion was
lost.
The following message was received from the House ol
Representatives, by Mr. Harrison, their Clerk :
Mr. President—The House of Representatives have agreed
to the amendments of the Senate to the bill of the House to
incorporate Lafayette Chapter and Darley Lodge at Fort
Gaines, Georgia.
Also, to the amendments of Senate to the bill of the
House to authorize and require the Judge of the Superior
Courts in the Coweta Circuit to hold Court in the county of
DeKalb two weeks at each term ot said Court, &c.
They have passed the following bills which originated in
Senate, to wit:
The bill to extend and define the corporate limits of the
town of Madison in Morgan county, and to prescribe the
manner of levying taxes upon such property as may be em¬
braced in said extension.
The bill to amend the Road laws and open a new road in
Camden county, and for other purposes.
The bill to amend the several acts in relation to the City
of Augusta, and to amend the act to incorporate the Augusta
Canal Company.
The bill to incorporate St. Thomas Lodge number forty-
nine of Free and Accepted Masons, in the county of Thomas.
The bill to reduce the Official bonds of the Sheriffs of
Cherokee county and Murray county.
The bill to authorize the Justices of the Peace elected for
the first, second, third and fourth districts, G. Mi, com¬
prising the City of Savannah to reside and hold their re¬
spective offices arid Courts at any place within the corpo¬
rate limits of said City.
The bill to incorporate San Marino Lodge No. 34, Greenes-
boro', Georgia.
The bill for the relief of William P. Beall and Davis B.
Hadly.
SENATE.
229
The bill to reduce the Official Sheriffs' bond in the county
of Dade.
The bill to incorporate the 2d Baptist church of Savannah
in the county of Chatham.
The bill to regulate Justices Courts in Chatham county.
The bill to quiet and confirm the title of Peter Poullet a
naturalized citizen, to a lot of land in the City of Augusta,
conveyed to him before his naturalization.
The bill to consolidate the offices of Receiver of Tax Re¬
turns and Tax Collector of Cherokee county, and to make
provision for paying Grand and Petit Jurors in said county.
The bill to incorporate the Washington Fire Company of
the City of Savannah, Ga., and the bill to incorporate the
Savannah Institute of the Sisters of Mercy.
Also, the following bills of Senate with amendments, to
wit:
The bill to authorize John Dillon of the county of Chat¬
ham to erect a Bridge over the Great Ogechee river near
Fort Argyle; and
The bill to change the name of Elizabeth Kelly to that of
Amanda Elizabeth Cooper, to which they request the agree¬
ment of the Senate.
They have also passed the following bills which originated
in the House, to wit:
A bill for the relief of Ellen B. Kennedy.
A bill to amend an act entitled an act to incorporate the
Augusta and Waynesborough Rail Road, passed 31st De¬
cember, 1838, and the acts amendatory thereof.
A bill to authorize the issuing of a certain grant therein
specified. 1
A bill to change the county lines between the counties of
Twiggs and Bibb, and Bibb and Jones.
A bill for the relief of the Jailor of Cherokee county.
A bill for the relief ot Jonathan C. Pearson and Wright
Noles.
A bill to add certain lots of land and parts of lots of land
in the counties ©f Crawford and Macon, to the eounty of Tal¬
bot.
A bill to organize a Volunteer Company of Mounted In¬
fantry in the county of Habersham, to be attached to the
44th Regiment Georgia Militia; and
A bill to repeal all laws and parts of laws incorporating
the town of Clarksville in Habersham county.
On motion,
The Senate adjourned until 3 o'clock, P. M.
230
journal of the
Three o'clock, P. M.
The Senate met pursuant to adjournment.
r On motion of Mr. Chisolm the Senate took up the follow¬
ing resolution of the House of Representatives, to wit:
Resolved, by the Senate and House of Representatives of the
State oj Georgia in General Aesembly met, That the Chief
Engineer of the Western and Atlantic Rail Road be directed
to ascertain whether or not William Hardin has relinquished
the right of way to the State, to all his lands through which
the Western and Atlantic Rail Road runs without compensa¬
tion tor the same ; and in case the said William Hardin has
not been paid, to pay to the said William Hardin the amount
of damages which shall be allowed by three Commissioners
on oath, who shall be appointed by the Inferior Court of the
county in which the land lies ; which on motion of Mr. A. J.
Miller was referred to a Select Committee consisting of
Messrs. A. J. Miller, Chisolm and Spullock.
On motion of Mr. A. J. Miller, the Senate took up the fol¬
lowing resolution of the House of Representatives, which
was read and concurred iru
Resolved, by the Senate and House of Representatives of the
State of Georgia in General Assembly met, That ihe Attorney's
receipt in the hands of the Treasurer for $4,747, bills of the
Commercial Bank of Macon for collection, on which is an
entry of $4,147, collected and paid over, (the remaining $500
being the fee allowed by the Governor to be retained by the
Attorney employed in the successful prosecution of the case)
be cancelled in full, and that the Comptroller General be
and he is hereby directed to enter a credit to the Treasurer
on his books for the amount of said remaining $600, now
constituting in the shape of said receipt an item of the un¬
available assets of the Treasury.
Mr. Edmondson reported a bill to be entitled an act to alter
and change the line between the counties of Murray and
Walker, so as to include lots of land numbers 54, 55 and 56,
and the east half of lot number 53 in the 27th district and
third section, now Walker county, in the county of Murray,
and for other purposes fherein mentioned, which was read
the first time.
The Senate took up as the report of the Committee of the
whole, a bill to organize a new Judicial Circuit to be com¬
posed of the counties of Macon, Dooly, Crawford, Houston,
and Bibb, under the name and style^of the Houston Circuit,
and to define the times for holding the same.
On motion of Mr. Clark, the report was laid upon the ta¬
ble for the present.
The Senate took up as the report of the Committee of the
whole, a bill to'establish and regulate the inspection of flour
SENATE.
231
and corn meal at Dalton. The report was agreed to, the
bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to incorporate the Dalton City Company. The
report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, a bill to incorporate the Georgia Exporting Com¬
pany. The report was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to authorize the Justices of the Inferior Court
of the county of Liberty to sell a tract of land known as the
Parade Ground in said county. The report was agreed to,
the bill was read the third time and passed. *
The Senate took up as the report of the Committe of the
whole, a bill to declare and limit the liability of husbands
for debts and liabilities of their wives incurred before mar¬
riage. 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
31, nays 5
Those who voted in the affirmative, are Messrs.
F errell,
Gonder,
Micajah Johnston,
Thomas Johnston,
William Jones,
Leonard,
Love,
McBee,
McRae,
Andrew J. Miller,
James A. Miller,
Purse,
Quarter man,
Rawls,
John W. G. Smith,
James R. Smith,
Ira E. Smith,
Spullock,
Turner,
Woods.
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
Jaines E. Brown,
Bryan,
Chisolm,
Clark,
Clayton,
Eberhart,
Edmondson,
Those who voted in the negative, are Messrs.
Joseph E. Brown, John Jones, Stell.
Cochran, Mosely,
So the bill was passed.
The Senate took up as the report of the Committee of the
whole, a bill to entitle Mary Holmes of the county of Pike,
to the estate of her child Walter J. Wills, deceased, provi¬
ded the same shall be an escheat. The report was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill for the relief of the teachers of poor children of
the county of Hall, for the year eighteen hundred and forty-
five. The report was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to amend an act incorporating the city of Dal-
232
JOURNAL OF THE
ton in Murray county, approved December 29th, 1 847.—
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, a bill to amend an act to incorporate the Insurance
Company to be called the Savannah Mutual Insurance Com¬
pany, passed December 30th, 1847. The report was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to incorporate the LaGrange Collegiate Semi¬
nary for Young Ladies. The report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to incorporate the Southern Education So¬
ciety.
Mr. McBee moved to postpone the report indefinitely,
which was lost.
On motion of Mr. Jos. E. Brown, the report was laid upon
the table for the present. * '
The Senate took up as the report of the Committee of the
whole, a bill to authorize and require the Judge of the Supe¬
rior Courts of the Southwestern Circuit, to regulate the sit¬
tings of the Superior Courts of Baker and Decatur coun¬
ties, to draw Jurors for the former Courts, and to prescribe
the manner of doing both. The report was agreed to, the
bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to amend an act to be entitled an act to extend
and define the corporate limits of the town of West Point in
Troup county, assented to the 26th day of December, 1835,
so far as to make the fifth section thereof constitutional and
to secure the rights of the present owners of the bridge
erected across the Chattahoochee river in said town, and for
other purposes. The report was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to incorporate the Dalton Female College.—
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, a bill to incorporate the Southern Central University
of Georgia. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill for the relief Henry W. Blake of the county
of Hall. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to change the time and places of holding the
Supreme Court of this State.
senate.
233
Mr. A. J. Miller moved to amend by striking out all after
the enacting clause and inserting in lieu thereof, the follow¬
ing, to-wit:
" That all bills of exceptions, writs of error and citations
in or from the Superior Court, shall be amendable without
delay or costs, in conformity to the record of the cause be¬
low :
And be it farther enacted, That the Clerk of the Superior
Court shall in in all cases retain the bill of exceptions in
his office and send up a copy thereof to the Supreme Court
as a part of the transcript of the record, and no costs shall
be charged in the Supreme Court for a copy of the bill of
exceptions—which was agreed to. The report as amend¬
ed was agreed to.
On motion of Mr. A. J. Miller, the caption was altered -
to conform to the body of the bill. The bill was read the
third time and passed.
Mr. Stell from the Committee on Enrolment, reported as
duly enrolled and ready for the signature of the President
of the Senate, an act to incorporate the Savannah Insti¬
tute of the Sisters of Mercy.
Also, an act to incorporate San Marino Lodge, No. 34,
Greenesboro, Georgia.
Also, an act to incorporate St. Thomas Lodge, number
forty-nine, of Free and Accepted Masons, of Thomas
county.
On motion,
The Senate adjourned until to-morrow morning ten
o'clock.
SATURDAY, December 15, 1849.
The Senate met pursuant to adjournment.
Mr. Purse moved to reconsider so much of the Journal of
yesterday as relates to the concurrence of the Senate in the
resolution of the House of Representatives, " That the Se¬
nate and House of Representatives in General Assembly
now met, do take a recess from and after the twentieth in¬
stant, and meet again on the second Monday in January
next." Whereupon the yeas and nays were required to be
recorded, and are yeas 20, nays 24.
Those who voted in the affirmative, are Messrs.
Byrd, Clark, Andrew J. Miller,
Joseph E. Brown, Dunham, Murphy,
Bryan, Edmondson, Napier,
Chisolm, Ferrell, Purse,
234
JOURNAL OF THE
Quarterman, John W. G. Smith, Stell,
Rawls, Ira E. Smith, Woods.
Sanford, Spullock,
Those who voted in the negative, are Messrs.
Anderson, Gonder, Love,
Augustus Beall, Hines, McBee,
Elias Beall, Micajah Johnston, McRae,
Blackshear, Thomas Johnston, James A. Miller,
James E. Brown, William Jones, Mosely,
Clayton, John Jones, James R. Smith,
Cochran, Leonard, Tomlinson,
Eberhart, Long, Turner.
So the motion was lost.
Mr. Love, reported a bill to be entitled an act to pardon
Jonathan Studstill of the county of Lowndes, which was
read the first time.
Mr. Byrd reported a bill to be entitled an act to amend an
act entitled an act to incorporate the town of Cumming in
the county of Forsyth, approved 27th day of December
1845, so far as to repeal the fourth section thereof, and all
other parts of said act authorizing the assessment of a gene¬
ral tax on the citizens of said town, which was read the first
time.
Mr. Jos. E. Brown made the following report, to-wit:
The Select Committee to whom was referred the bill en¬
titled an act to incorporate the Grand Division of the " Sons
of Temperanee, of the State of Georgia," beg leave to re¬
port, that they have had the same under consideration and
that they are of opinion that the bill ought net to pass. Your
Committee believe that the Sons of Temperance are doing
great good in Georgia, and that they have the same right to
ask for and enjoy corporate privileges that any other moral
society has. But your Committee, a majority of whom are
Sons of Temperance, knowing the great prejudice that ex-
ists.in the State against the order, and feeling confident that
the passage of this bill or any other of a similar character in
relation to the Sons, would only tend the more to inflame the
public mind, feel it to be a duty they owe the Institution
and the public to oppose all manner of legislation upon the
subject of Temperance. Your Committee feel the more
confident that they are correct in their position when they
take into consideration the fact that the advocates of the In¬
stitution in Georgia have every where proclaimed to the
people that the Sons intended in no case to ask the Legisla¬
ture for any legislative interference in their behalf. Your
Committee believed that those pledges were made in good
faith, and that portion of your Committee who are Sons,
and who feel bound by those pledges, are unwilling to vio-
SENATE.
235
late them by voting for any bill proposing legislation on
this subject. Your Committee would further state that the
Sons have made almost unparalleled progress in the State of
Georgia without legislation and without corporate privileges.
And your Committee believe that the true policy of the Institu¬
tion is to depend for its success upon its inherent moral in¬
fluence, and carefully to avoid every and all manner of at¬
tempt at legislation on the subject of Temperance.
Mr. Joseph E. Brown moved to agree to the report, on
which motion the yeas and nays were required to be record¬
ed, and are—yeas 32, nays none.
Those who voted in the affirmative,
Anderson,
Augustus Beall,
Byrd,
Blackshear^.. .
James E. Brown,
Joseph E. Brown,
Clark,
Clayton,
Cochran,
Dunham,
Eberhart,
Ferrrell,
Gonder,
Hines, *
Micajah Johnston,
Thomas Johnson,
John Jones,
Love,
McBee,
James A. Miller,
Mosely,
Murphy,
are Messrs.
Quarterman,
Rawls,
Sanford,
John W. G. Smith,
James R. Smith,
Ira E. Smith,
Spullock,
Tomlinson,
Turner,
Woods.
So the report was agreed to.
Mr. A. J. Miller from the Select Committee to whom
the resolution of the House of Representatives in favor of
William Harden was referred, reports that they have had
the same under consideration p.nd recommend its passage
with an amendment. The report as amended was taken
up and on motion of Mr. A. J. Miller, was agreed to.
The Senate took up as the report of the Committee of the
whole, the bill in relation to public offices and to punish cer¬
tain offenders in relation thereto.
And on the first section being read as follows, to-wit:
Be it enacted by the Senate and House of Representatives of
the State of Georgia, in General Assembly met, and it is hereby
enacted by the authority of the same, That in all cases in which
the Superior Court shall hereafter decide either upon writ
of quo warranto or mandamus, that any person exercising
or claiming to exercise any office to which he may have
been appointed, elected or Commissioned, is not entitled to
such office, and that the other of the parties is entitled to
-such office, the order and judgment of such Court shall be
held, deemed andj considered as full authority and a com¬
mission to exercise the duties of such office.
Mr. A. J. Miller moved to amend by adding to said sec¬
tion the following, to-wit:
44 Upon such party giving the bond and security required
236
JOURNAL OF THE
by law, to be taken and judged of by said Court," which
was agreed to.
Mr. Clark moved to lay the bill on the table for the pre¬
sent, which was lost. The report as amended was agreed
to, the bill was read the third time, and on the question
"shall this bill now pass ?" the yeas and nays were re¬
quired to be recorded, and are—yeas 29, nays 13.
Those who voted in the affirmative, are Messrs.
Anderson,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear, ■
James E. Brown,
Chisolm,
Clayton,
Cochran,
Dunham,
Eberhart,
Ferrell,
Gonder,
Hines,
Thomas Johnston,
Leonard,
Long,
Love,
McBee,
McRae,
Andrew J. Miller,
James A. Miller,
Murphy,
Quarterman,
Sanford,
James R. Smith,
Spullock,
Tomlinson,
Woods.
Those who voted in the negative, &re Messrs.
John W. G. Smith,
Ira E. Smith,
Stell,
Turner.
Joseph E. Brown, John Jones,
Bryan, Mosely,
Clark, Napier,
Micajah Johnston, Purse,
William Jones, Rawls,
So the bill was passed.
On motion of Mr. Leonard, the Senate took up as the re¬
port of of the Committee of the whole, the bill to secure to
the Rock Island Factory Company of Muscogee county,
certain privileges and legalize the building of a dam or
dams across the Chattahoochee river on their own land.
Mr. Leonard moved to amend by adding as an additional
section, the following, to-wit:
A?id be it further enacted by the authority of the same, That
"nothing in this act shall be so construed as to deprive the
heirs of James C. Cook, or any other person or persons to all
the rights which they possess in said river and water priv¬
ileges ; which was agreed to. The report as amended was
agreed to, the bill was read the third time and passed.
On motion of Mr. Purse, the Senate took up as the report
of the Committee of the whole, the bill of the House of Re¬
presentatives for the relief of William W. Barton and
Ephraim G. Ponder and their sureties from all liability un¬
der their respective recognizance for their appearance at the
May term, 1849, of Chatham Superior Court. 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 17.
SENATE.
237
Those who voted in the affirmative, are Messrs.
Anderson,
Blackshear,
James E. Brown,
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
Cochran,
Edmondson,
Ferrell,
William Jones,
John Jones,
Leonard,
Love,
-McRae,
Andrew J. Miller,
Mosely,
Murphy,
Napier,
Purse
John W. G. Smith,
James R. Smith,
Ira E. Smith,
Spullock,
Tomlinson,
Those who voted in the negative, are Messrs.
Augustas Beall,
Elias Beall,
Byrd,
Clayton,
Dunham,
Eberhart,
Hines, Rawls,
Micajah Johnston, Sanford,
Thomas Johnston, Stell,
Lone
Turner,
James A. Miller, Woods.
Quarterman,
So the bill was passed.
Mr. Stell, from the Committee on Enrolment, reported as
duly enrolled and signed by the Speaker of the House of
Representatives and ready for the signature of the President
of the Senate, an act to authorize and require the Judge of
the Superior Courts in the Coweta Circuit to hold Court in
the county of DeKalb two weeks at each term of said Court
unless the business of said Court can be done in a shorter
time, and to provide for the same.
Also, an act to incorporate Lafayette Chapter, No. 12,
and Darley Lodge No. 17, in the town of Fort Gaines in
the county of Early, and Pythagoras Lodge, No. 41, at De¬
catur in DeKalb county.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk :
Mr. President—The House of Representatives have
agreed to .the amendments pf Senate to the bill of the House
to repeal all laws respecting the importation of slaves into
this State and to give certain powers to municipal corpora¬
tions in relation to slaves.
They have passed the following bills originating in the
House of Representatives, to-wit:
A bill to alter and amend the several acts incorporating
the city of Griffin.
A bill to reduce the number of the Trustees of the Henry
county Academy.
A bill to add a part of the county of Muscogee to the
county of Marion and for other purposes.
A bill to make permanenl the site of the public buildings
for the county of Marion, in the town ofBuena Vista, and to
incorporate said town.
238
journal op the
On motion of Mr. J. W. G. Smith, the Senate took up as
the report of the Committee of the whole the bill of the
House of Representatives to add certain lots of land and
parts of lots in the counties of Crawford and Macon to the
county of Talbot; the report was agreed to, the bill was
read the third time and passed.
Mr. Long moved to take up the reconsidered bill to ex¬
tend the time for the completion of the Ocmulgee and Flint
Rail Road and Canal Company. On which motion the yeas
and nays were required to be recorded, and are yeas 32,
nays 4.
Those who voted in the affirmative, are Messrs.
Anderson,
Augustus Beall,
Byrd,
Blackshear,
James E. Brown,
Joseph E. Brown,
Bryan,
Clayton,
Cochran,
Eberhart,
Edmondson,
Ferrell,
Gonder,
Hines,
Micajah Johnston,
Thomas Johnston,
John Jones,
Leonard,
Long,
James A. Miller,
Quarterman,
Rawls, •
Sanford,
John W. G. Smith,
James R. Smith,
Spullock,
Stell,
Tomlinson,
Woods.
Love,
McRae,
Andrew J. Miller,
Those who voted in the negative, are Messrs.
Clark, Purse, IraE. Smith,
Dunham,
So the motion prevailed.
Mr. Clark moved to lay the report on the table for the
balance of the session, which was lost.
Mr. A. J. Miller moved the previous question which was
seconded.
The Senate decided that the main question should now
be put. The report was agreed to, the bill was read the
third time and passed.
On motion,
The Senate adjourned until ten o'clock Monday morn-
ins.
MONDAY, Dec. 17th, 1849.
The Senate met pursuant to adjournment.
Mr. Stell moved to reconsider so much of the Journal of
Saturday as relates to the action of the Senate upon the bill
in relation to public offices, and to punish certain offenders
in relation thereto, which motion was lost.
The following message was received from the House of
Representatives by Mr. Harrison, their Clerk:
SENATE.
239
Mr. President—The House of Representatives have
agreed to the amendment of Senate to the resolution of
the, House, that the Legislature take a recess, See. They
have passed the following bills, to wit: -
A bill to change the names and legitimatize the persons
therein named, and for other purposes :
A bill to compensate the Petit Jurors of the county of
Hancock, and to authorize the Justices of the Inferior Court
to levy an extra tax for that purpose.
A bill to regulate the admission of deeds in evidence in
certain cases therein mentioned.
A bill to perfect service of sci fa, on absent defendants, .
in case of dormant judgments; and
A bill to amend and explain the first section of an act
passed for the relief of co-securities, and assented to the 22d
December, 1840.
They have passed .the bill originating in Senate, for
the relief of William H. Graham and Harden Perkins, of
the county of Lumpkin, from their liability as securities on
Tax Collector's Bond for said county.
Also, the bill of Senate to incorporate the Trustees oj'
the Permanent Fund of the Hebrew Congregation at Savan¬
nah ; and
Also, the bill of Senate to enable the Savannah and
Ogechee Canal Company to extend the Savannah and
Ogechee Canal to the Altamaha River, and for other pur¬
poses therein named, with an amendment, to which they
desire the agreement of the Senate.
Mr. A. J. Miller reported a bill to be entitled an act to
amend the act incorporating the Bank of Brunswick, which
was read the first time.
•0
Mr. Stell, from the Committee on Enrolment, reported
as duly enrolled and signed by the Speaker of the House of
Representatives and ready for the signature of the Presi¬
dent of the Senate, an act to repeal all laws respecting the
importation of Slaves into this State, and to give certain
powers to Municipal Corporations in relation to Slaves.
Mr. Clark, from the Special Committee, to whom was re¬
ferred "A bill for the relief of Merrick Barnes, of Baker
county," reports, " that the Committee have had said bill
under consideration, and believe that the relief asked for,
should be granted, and therefore recommend the passage of
the bill."
Mr. James A. Miller, from the Select Committee to whom
was referred the bill of the House of Representatives to re¬
peal an act entitled an act to appoint County Treasurers,
and define their duties, so far as relates to the county of
Troup, and to give to the people of said county the election
of Treasurer, report the" same back to the Senate, with
amendments; and on motion of Mr. J. A. Miller, the Senate
240
JOURNAL OF THE
took up the bill as the report of the Committee of the
whole.
Mr. J. A. Miller moved to amend by inserting after the
word " Troup," wherever it occurs in the bill, the words
"Carroll, Crawford, Murray, Monroe, Montgomery, Pike,
Appling, Randolph, Warren, Fayette, Chatham, Cherokee,
Talbot and Stewart," which was agreed to. The report
as amended, was agreed to, the bill was read the third time
and passed.
On motion of Mr. James A. Miller, the Secretary was di¬
rected to take the bill forthwith back to the House of Rep¬
resentatives.
Mr. Stell, from the Committee on enrolment, reported as
duly enrolled and ready lor the Signature of the President
of the Senate, an act to extend and define the corporate
limits of the town of Madison, in Morgan coiwrty,and to pre¬
scribe the manner of levying taxes upon such property as
may be embraced in said extension.
Also, an act to regulate Justice's Courts, in Chatham
county.
Also, an act entitled an act to reduce the official Sheriff's
Bond, in the county of Dade.
On motion of Mr. Cochran, the Senate took up as the re¬
port of the Committee of the whole, the bill to limit the
number of the Secretaries of the Executive Department, and
to fix their salaries.
Mr. Spullock moved to amend by striking out " sixteen
hundred," and' inserting "fifteen hundred," which was
agreed to. The report as amended, was-agreed to, the bill
was read the third time, and on the question shall this bill now
pass ? the yeas and nays were required to be recorded, and
are yeas 22; nays 18. *
Those who voted in the affirmative, are Messrs.
Micajah Johnston,
Thomas Johnston,
William Jones,
Leonard,
Long,
Love,
McBee,
Blackshear,
Chisolm,
Clark,
Clayton,
Cochran,
Dunham,
Eberhart,
Edmondson,
Those who voted in the negative, are Messrs.
Murphy,
Napier,
Purse,
John W. G. Smith,
Ira E. Smith,
Spullock,
Woods.
Anderson,
Augustus Beall,
Elias Beall,
Byrd,
James E. Brown,
Joseph E. Brown,
Bryan,
F errell,
Grubbs,
Hines,
McRae,
Andrew J. Miller,
James A. Miller,
Quarterman,
Rawls,
Sanford.
Stell,
Turner.
So the bill was passed.
SENATE.
241
Mr. Chisolm, from the Committee on Public Education,
to whom was referred the bill of the House of Representa¬
tives, for the relief of poor children in the county of Gwin¬
nett, begs leave to report the same back to the Senate, and
recommend its passage. On motion, the Sjenate took up the
bill as the report of the Committee of the whole. The re¬
port was agreed to, the bill was read the third time and
passed.
On motion of Mr. A. J. Miller, the Senate took up for a
third reading, the following bills of the House of Represen¬
tatives : ,
The Senate took up as the report of the Committee of the
whole, the bill to revive and make of force an act to incor¬
porate the Thomastonand Barnesville Rail Road Company,
with power to construct a Rail Road from some point on the
Monroe Rail Road, at or near Barnesville, in Pike county,
to the town of Thomaston, in Upson county, and to punish
persons who may wilfully injure the same, and to confer all
corporate powers necessary to effect said object, assented to
December 23d, 1839. The report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to make Ellen M. Baker the heir of James R.1
Ware, and to cause her to stand related to him in all re¬
spects as if she was the child of his body, and for other pur¬
poses. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate the Hancock Steamboat Com¬
pany. The report was agreed to, the bill was read .the
third time and passed.
- ( The Senate took up as the report of the Committee of the
whole, the bill to compensate the Petit Jurors of Early
county, and to provide for raising a fund for the same. The
report was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate the Trustees for Wesley Cha¬
pel, Andrew Chapel and Trinity Church, of the Methodist
Episcopal Church South, in the city of Savannah, and on
the fourth section being read as follows, to wit:
Aud be it, further enacted, That each of said corporations
shall have a common seal, and shall be capable ofeontract-
ing and being contracted with, of sueing and being sued, of
pleading and being impleaded, and. of making such bye-
laws and regulations lor their respective corporations, as
may be deemed advisable or necessary, not contrary to the
Constitution or laws of this State, or the rules and disci¬
pline of the aforesaid M. E. Church South, and also that
242
JOURNAL OF THE
each of said corporations shall have the power to purchase
or acquire real or personal estate, not to exceed twenty-five
thousand dollars in value in any manner, and the same to
sell again at pleasure.
. Mr. Purse moved to amend by striking out the words
"not to exceed twenty-five thousand dollars in value,"
which was agreed to. The report as amended, was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to provide for the safe custody of persons
convicted of any capital offence, after they may have been
respited by the Governor. The report was disagreed to,
and the bill was lost.
The Senate took up as the report of the Committee of the
whole, the bill to authorize and empower John S. Rowland
to establish a Ferry or build a Bridge across the Etowa
River, on his own land, in Cass county, and to take toll.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate the Griffin and West Point
Plank Road Company, for the purpose of constructing a
Plank Road from Griffin to the town of West Point, in Troup
county, and to punish those who may wilfully injure the
same. The report was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of
whole, the bill to alter and amend an act to provide for the
compensation of Grand Jurors of Lumpkin county, passed
December 7th, 184-3, and also to provide for the compensa¬
tion of Petit Jurors in the Superior and Inferior Courts of
said county. The report was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill for the relief of David Dobbs of the county of
Cobb. The report was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to amend the several acts now in force regulat¬
ing the fees of Magistrates and Constables, so far as relates to
the county of Chatham, and to provide for the mode of collect-
ting the same. The report was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to compensate Petit Jurors in the county of
Houtson. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to authorize William S. Hammill, Sen., to es-
SENATE.
243
tablish a Ferry across Flint River. The report was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to alter and amend the Poor School Laws now
in force, See., so far as respects the county of Dooly. The
report was agreed to, the bill was read the third time and
passed. -
The Senate took up as the report of the Committee of the
whole, a bill to incorporate the Northeastern Plank or Rail
Road Company of the State of Georgia, and to punish per¬
sons for violating the same.
And on the first section being read, Mr. Thos. Johnston
moved to amend by striking out the words "Northern or
Eastern line in the State," and insert in lieu thereof, the
words " to the town of Elberton in Elbert county in said
State, which was agreed to.
Mr. Thos. Johnston, moved to amend further by adding
the names of John Winn, William Jordon and Samuel Winn,
of Wilkes county as corporators, which was agreed to. .
On the 7th section being read, Mr. Thos. Johnston moved
to amend by inserting after the word " Shoal" the words
" or any other point the said Company may deem most
practicable," which was agreed to. The report as amend¬
ed was agreed to, the bill was read the «third time and
passed.
The Senate took up as the report of the Committee of the
whole, a bill to incorporate the Houston Branch Rail Road
Company, and to authorize said Company to construct a
Rail Road from some suitable point on the South Western
Rail Road to the town of Perry in Houston county. The
report was agreed to, the bill waa read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, a bill to repeal an act consolidating the offices of the
Clerk of the Superior and Inferior Courts of Emanuel coun¬
ty. 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 16,
nays 22.
Those who voted in the affirmative,, are Messrs.
Bryan, Leonard, John W. G. Smith,
Chisolm, Long, Ira E.Smith,
Clark, Murphy, Spullock,
Cochran, Napier, Turner,
Edmondson, Rawls, Woods.
Micajah Johnston,
Those who voted in the negative, are Messrs.
Anderson, Augustus Beall, Elias Beall,
244 JOURNAL OF THE
Byrd, Grubbs, Andrew J. Miller,
Blackshear, Hines, James A. Miller,
James E. Brown, Thomas Johnston, Purse,
Clayton, Love, Quarterman,
Dunham, McBee, Sanford,
Eberhart, McRae, James R. Smith.
Gonder,
So the bill was lost.
The Senate took up as the report of the Committee of the
whole, the bill to amend an act entitled an act to amend the
several acts regulating roads in this State so far as re¬
spects the operation of said acts in the counties of Bryan
Liberty, Mcintosh, Glynn, Camden and Wayne, approved
the 8th day of December, 1806. The report was agreed
to, the bill was read the third time and passed.
The Senate took up as th§ report of the Committee of
the whole, the bill to incorporate the Willington Academy
of the county oif Macon, and appoint Trustees for the same.
Mr. J. W. G. Smith moved to amend by adding as addi¬
tional sections, the following, to-wit:
, Be it enacted, by the Senate and House of Representatives of
the State of Georgia in General Assembly met, and it is hereby
enacted by the authority »f the same, That Zachariah B. Trice,
Simeon T. Viele, George P. Holmes, Reuben Thornton and
John C. Thornton, be and they are hereby appointed and
they and their successors in office are hereby declared to
be a body corporate by the name and under the title of the
Trustees of the Centrevilie Academy in the county of
Talbot. Said incorporate Trustees and their successors
shall have the privilege of using a common seal.
And be it further enacted, That the several Trustees in
their corporated capacity be and they are hereby declared
to be vested with the several rights and immunities and
subject to the same regulations as are set forth and embod¬
ied in an act of the General Assembly, passed on the ninth
day of December, 1824, entitled an act to incorporate the
Lawrenceville Academy in the county of Gwinnett, and ap¬
point Trustees for the same—which was agreed to. The
report as amended was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to alter and change the time of holding the
Superior Courts of the county of Macon of the Southwestern
Circuit and to require the same to be held two'weeks if ne¬
cessary. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to regulate the fees of Attorney and Solicitors
General, and other purposes therein specified. The report
SENATE.
245
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 9.
Those who voted in the affirmative, are Messrs.
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Bryan,
Chisolm,
Clark,
Clayton,
Eberhart,
Gonder,
Grubbs,
Hines,
Micajali Johnston,
Thomas Johnston,
William Jones,
Leonard,
Long,
Love,
McBee,
McRae,
James A. Miller,
Murphy,
Purse,
Quarterman,
Rawls,
Sanford,
John W. G. Smith,
James R. Smith,
Spullock.
are Messrs.
Stell,
Turner,
Woods.
Those ;who voted in the negative,
Joseph E. Brown, Mosely,
Cochran, Napier,
Edmohdson, Ira E. Smith,
So the bill was passed.
The following message was received from the House of
Representatives by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
this day passed a bill to appropriate money for the support
of government for the political years 1850 and 1851, and I
am directed to bring the same forthwith to the Senate.
On motion of Mr. J. R. Smith, the bill of the House of
Representatives, "to be entitled an act to appropriate mo¬
ney for the support of government for the political years
1850 and 1851," was taken up and read the first tirtie.
Mr". Stell from the Committee on Enrolment, reported as
duly enrolled and ready for the signature of the President
of the Senate, an act to amend the several acts in relation
to the city of Augusta, and to amend the act to incorpo¬
rate the Augusta Canal Company.
Also, an act for the relief of William P. Beale and Davis
B. Hadley, and other persons therein named.
Also, an act to quiet and confirm the title of Peter Paul-
let, a naturalized citizen, to a lot of land in the city of Au¬
gusta, conveyed to him before his naturalization.
Also, an act to incorporate the Second Baptist Church of
Savannah, county of Chatham, and appoint Deacons and
Trustees.
Also, an act to consolidate the offices of Receiver of Tax
Returns and Tax Collector in the county of Cherokee, and
to make-provision for paying Grand and Petit Jurors in said
county.
246
journal' of the
Also, an act entitled an act to reduce the official bond of
the Sheriff of Cherokee county and Murray county.
Also, an an act to amend the road laws and open a new
road in Camden county and for other purposes.
Also, an act to authorize the Justices of the Peace elected
for the first, second, third and fourth Districts, G. M., com¬
posing the city of Savannah, to reside and hold their re¬
spective offices and Courts at any place within the corpo¬
rate limits of said city.
Also, an act to incorporate the Washington Fire Com¬
pany of the city of Savannah, Georgia.
Also, an act to amend the several acts in relation to the
Georgia Rail Road and Banking Company.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
agreed to the amendments of Senate to the bill of the
House to appoint County Treasurers and define their
duties so far as relates to the county of Troup, &c., by strik¬
ing out of said amendment the county of Talbot, to which
they desire the Senate's concurrence.
They have this day passed the bill originating in the
House to authorize grants to issue in certain cases, and have
directed me to bring the same forthwith to the Senate.
Also, a bill to incorporate the Forsyth Female Collegiate
Institute and to appoint Trustees for the same, which I am
also directed to bring to the Senate.
On motion,
The Senate adjourned until three o'clock P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
On motion, the Senate took up the amendment of the Se¬
nate to the bill of the House of Representatives to repeal
an act entitled an act to appoint County Treasurers and
define their duties, so far' as relates to the county of Troup,
and to give to the people of said county the election of
Treasurer.
On motion of Mr. Purse, the Senate receded from so
much of its amendment as relates to the county of Talbot.
And on motion of Mr. Ferrell, the Secretary was directed
to carry the bill forthwith to the House of Representatives.
On motion, the Senate took up the amendments of the
House of Representatives to the bill of the Senate " to change
the name of Elizabeth Kelly to that of Amanda Elizabeth
SENATE.
247
Cooper," the first of which was an amendment to the title
of the bill, and read as follows:
"|And to give Thomas W. Cooper and his wife, Fran¬
ces J. S. Cooper, the legal claim to said child as parents."
The second of which was an amendment to the first sec¬
tion of the bill, and read as follows :
" And that Thomas W. Cooper and his wife, Frances J.
S. Cooper, shall have the legal claim of said child as its
lawful parents."
On motion of Mr. Purse, the Senate concurred in the
amendments.
On motion, the Senate took up the amendment of the
House of Representatives to the bill of the Senate, "to au¬
thorize John Dillon of the county of Chatham to erect a Toll
Bridge over the Great Ogechee River on his own land, near
Fort Argyle," which was an amendment to the first section
of the bill, and read as follows:
" Provided that said Bridge shall have a draw sufficient
for the free passage of vessels or steamboats navigating the
said river Ogechee, and that the piles and supporters of the
same shall be so placed as not to impede the navigation of
the river by rafts, flats, floats or boats."
On motion, the Senate concurred in the amendment.
On motion, the Senate took up the amendment of the
House of Representatives to the bill of the Senate, "to ena¬
ble the Savannah and Ogechee Canal Company to extend
the Savannah and Ogechee Cantil to the Altamaha River, and
for other purposes therein named," which wa!s as follows,
to-wit:
"Sec. 2. And be it further enacted by the authority afore¬
said, That the said Savannah and Ogechee Canal Company
shall be and they are hereby authorized to extend the Canal
of said Company to the River Altamaha, of such width and
dimensions, with locks, basons, and waste wiers, tow paths
and embankments, as said Company may deem necessary,
and forever to keep up and maintain the same, provided that
where said Canal has or shall cut off public or private roads,
or any public road hereafter to be laid out, the said Com¬
pany shall build and keep up bridges such as shall furnish
equal facilities of passage as the road, ahd where it has or
shall obstrust the drainage of lands, they shall build and keep
open fpll and sufficient culverts for that purpose."
On motion, the Senate concurred in the amendment.
The following bills of Senate were taken up, read the se¬
cond lime and referred to the Committee of the whole:
A. bill to exempt from taxation the Odd Fellow Institute
in the city of Coliimbus, No. 6.
A bill to alter and fix the times for holding the Inferior
Courts of Baker county.
248
JOURNAL OF THE
A bill to pardon Jonathan Studstill of the county of
Lowndes.
A bill to lay out and organize a new county from the
counties of Floyd, Cass and Murray, and attach the same to
a Senatorial district.
A bill to alter and change the line between the counties
of Murray and Walker, so as to include lots of land numbers
54, 55, 56, and the east half of lot number 53 in the 27th
district and third section, now Walker County, in the coun¬
ty of Murray, and for other purposes therein mentioned.
A bill to incorporate the Floating Dry Dock Company of
Savannah.
A bill to amend the act approved 27th December, 1845,
entitled an act to exempt Journeymen Mechanics and Labo¬
rers of this State from the garnishment of their wages so far
as to prevent said wages to be garnisheed, except for bills or
debts contracted for liquors or other intoxicating- drinks
drank in any store, shop, tavern, bar-room or any such like
place, or at any other place or places whatever.
A bill to prevent Officers of Banks from voting for Direc¬
tors by proxy.
A bill for the relief of Francis M. Ison, of the county of
Pike.
A bill to amend an act entitled an act to incorporate the
town of Cumming, in the county of Forsyth, approved 27th
day of December, 1845, so far as to repeal the fourth sec¬
tion thereof, and all other parts of said act, authorizing the
assessment of'a general tax on the citizens of said town.
The following bill of Senate was taken up and read the
second time, and on motion, ordered to be engrossed for
a third reading, to-wit:
A bill to authorize Jacob Pittman, a decrepid and infirm
man, a citizen of the county of Ware, to vend and peddle on
all goods, wares and merchandize, throughout all the coun¬
ties of the First Congressional District, without paying a
fee or license for the same.
The following bills of the House of Representatives were
taken up, read the second time and referred to the Commit-
teo of the whole House.
A bill to incorporate the Andrew Academy and appoint
Trustees for the same.
A bill to add an additional number 6f Trustees to the At-
tapulgus Academy in Decatur county.
A bill for the relief of William H. Monroe, lately the hus¬
band of Mary Ann Monroe.
A bill to compensate Petit Jurors of Laurens county.
A bill to change the line between the counties of Gwin¬
nett and Jackson, so as to add the residence of Dilmas L.
Jarrett of the county of Gwinnett to the county of Jackson.
A bill to prevent the killing of Deer at certain periods in
the county of Richmond.
S ESTATE.
249
A bill to pardon Sampson Braziel, a convict in the Peni¬
tentiary of this State.
A bill to amepd an act approved December 19th, 1829,
entitled an act to incorporate the St. Marys' Library Society.
A bill for the relief of Bedford J. Heard of Macon county.,
A bill to incorporate the Sweetwater Manufacturing Com¬
pany of the county of Campbell.
A bill to empower Nancy Weston, the wife of James Wes¬
ton of the County of Cass, to exercise all the rights of a feme
Sole.
The bill to alter and fix the time of holding the Superior
Courts in the county of Pulaski of the Southern Circuit, was
read the second time and on motion of Mr. Micajah John¬
ston, was laid on the table for the balance of the session.
On motion, the following bills of the House of Representa¬
tives were taken up and read the first time:
A bill to add a part of the county of Muscogee to the
county of Marion and for other purposes.
A bill to add certain lots of land and parts of lots in the
counties of Macon and Crawford to the county of Talbot.
A bill to organize a Volunteer Company of Mounted In¬
fantry in the county of Habersham, to be attached to the 44th
Regiment, Georgia Militia.
A bill to provide for the granting of those square lots and
fractions of land which were suspended from the sales con¬
templated by the act, assented to 30th December, 1849, pro¬
viding for the sale of undrawn lots and ungranted fractions
in the lotteries heretofore had in this State.
' A bill to repeal all laws and parts of laws incorporating
the town of Clarksville, in Habersham county.
A bill to compensate the Petit Jurors of the county of
Hancock, and to authorize the Justices of the Inferior Court
to levy an exrra tax for that purpose.
A bill to make permanent the site of the public buildings
for the county of Marion, in the town of Buena Vista, and to
incorporate said town.
A bill to perfect service of Sciri Facias on absent defend¬
ants, by publication, for the purpose of reviving dormant
judgments.
A bill to incorporate the Forsyth Female Collegiate Insti¬
tute, and to appoint Trustees for the same.
A bill to reduce the number of the Trustees of the Henry
County Academy.
A bill to authorize the issuing of a certain Grant therein
specified.
A bill to change the County Lines between the counties
of Twiggs and Bibb, and Bibb and Jones.
A bill for the relief of Jonathan C. Pearson and Wright
Noles.
A bill to authorize the Justices of the Inferior Court of the
250
JOURNAL OF THE
county of Cherokee to pay the Jail Fees of Insolvents out
of the county funds.
A bill for the relief of Ellen B. Kennedy.
A bill to amend an act entitled an act to incorporate the
Augusta and Waynesboro' Rail Road, passed 31st Decem¬
ber, 1838, and the acts amendatory thereof.
A bill to regulate the admission of Deeds in evidence in
certain cases therein mentioned.
A bill to alter and amend the several acts incorporating
the city of Griffin.
A bill to alter, amend and explain the first section of an
act passed for the relief of co-securities, assented to 22d
December, 1840.
A bill to change the names and legitimatize the persons
therein named, and for other purposes.
The following message was received from the House of
Representatives by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have con¬
curred in the resolution of Senate, to authorize the Gov¬
ernor to employ competent persons to prepare a suitable block
of Stone Mountain Granite and have the same conveyed to
Washington city, and place the same at the disposal of the
Building Committee of the National Monument, to the me¬
mory of the Father of his Country, with an amendment so
as to include a block of marble from Cherokee or Gilmer
counties, to which they desire the agreement of the Senate.
On motion of Mr. Joseph E. Brown, the Senate took up
as the report of the Committee of the whole, the bill of the
House of Representatives, to amend an act to incorporate
the town of Lumpkin, in Stewart county, assented to Dec.
26th, 1831.
Mr. Joseph E. Brown moved to amend by adding the fol¬
lowing as an additional section, to wit:
And be it further enacted, That the last half of lot of land
number one hundred and eleven, in the twenty-third dis¬
trict of originally Lee, now Stewart county, shall be* includ¬
ed within the limits of said corporation, under the same
rules and restrictions as govern said original incorporation,
which was agreed to. The report as amended, was agreed
to, the bill was read the third time and passed; and on mo¬
tion of Mr. Joseph E. Brown, the Secretary was directed to
carry the bill forthwith to the House of Representatives.
The Senate took up as the report of the Committee of the
whole, the bill to authorize the Alabama and Georgia Rail
Road Company, of the State of Alabama, to extend their
contemplated Rail Road from the Alabama line, through a
part of the county ot Floyd, to some point near the city of
Rome, in said county, to secure to said Company certain
rights and privileges, and for other purposes. The report
was agreed to, the bill was read the third time and passed.
SENATE.
251
The Senate took up as the report of the Committee of
the whole, a bill to alter and amend the 10th section of an
act to alter and amend the several acts incorporating the
city of Macon, approved Dec. 27, 1847, so far as relates to
the election of Marshal of said city. The report was agreed
to, the bill was read the third time and passed.
On motion of Mr. Napier, the Secretary was directed to
carry the same forthwith to the House of Representatives.
The Senate took up as the report of the Committee of
the whole, the bill more effectually to provide for the pay¬
ment of recoveries in certain cases.
Mr. A. J. Miller offered as a substitute, the following bill,
to wit:
A bill to be entitled an act authorizing and regulating the
taking bail and issuing of attachments in certain cases.
Be it enacted by the Seriate and House of Representatives of
the State of Georgia, in General Assembly met, and it is hereby
enacted by authority of the same, That in all cases at common
law or in equity, the party plaintiff or complainant, sueing
to recover a debt or damages, or other money demand, shall
be entitled to hold the defendant to bail, (without an ordet
of the Judge or Justices of the Court in which the suit
is brought,) upon making the affidavit required by the Judi¬
ciary act of 1799, and the subsequent proceedings shall be
as prescribed by said act.
And be it further enacted, That in any case founded upon
any cquse of action ex delicto, where bail may be required
or taken, the defendant may move the Court at Chambers
to reduce the amount of bail, and the Court shall require the
plaintiff to shew his cause of action by affidavit or those of
other persons, and the Court may pass such order as the cii-
cumstances of the case require, and in the event of the
Court reducing the amount of bail, a new bond, with secu¬
rity, shall be given by the defendant.
And be it further enacted, That for all causes of action
whatsoever, whether legal or equitable, the party entitled
to sue, shall be entitled to the full benefit of the attachment
laws, upon making the affidavit of the amount of his claim,
and giving the bond required by said laws, and may pro¬
ceed in all respects as other attaching creditors, which was
received. The report as amended, was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
wrhole, the bill to incorporate the Macon Canal Company,
and to punish those who may injure their property. The
report was agreed to, the bill was read the third time and
passed.
On motion of Mr. J. R. Smith, the rule was suspended,
and the Senate took up the amendment of the House of Rep¬
resentatives to the resolution of the Senate, "authorizing his
252
journal of the
excellency the Governor to have procured a suitable block
of Stone Mountain Granite, and have the same conveyed to
Washington City, and"" placed at the disposal of the Building
Committee of the National Monument, to the memory of the
Father of his Country," which was as follows:
"And also a Block of Marble from Cherokee or Gilmer
county."
On motion, the Senate concurred in the amendment.
The Senate took up as the report of the Committee of the
whole, a bill to change the time of holding the Supreme
Court at Cassville and Gainesville. The report was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to change the name E. W. Wingfield to E. H.
Wingfield, and the name of Henry Fitz to Henry Sitz, in
Grants to certain Lots of Land. The report was agreed to,
the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to authorize the Governor to issue a grant to
William Smith, of the county of Lownds, for Lot No. 10,
foth district, originally Irwin county, on certain conditions.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, a bill to revive the several acts passed by former Le¬
gislatures of this State, incorporating the town of Crawford-
ville, in the county of Taliferro. On the second section be¬
ing read as follows, to wit:
" Be it farther enacted, That if the citizens of said incor¬
poration shall at any time omit or fail to elect Commission¬
ers on the first Tuesday in January, of each year, as pro¬
vided for in said acts, then it shall and may be lawful for
the Commissioners then in office, to remain in office till such
Commissioners shall be elected by said citizens, giving ten
days notice thereof.
Mr. Augustus Beall moved to amend by striking out the
whole section, and inserting in lieu thereof the following,
to wit:
Sec. 2. Be it further enacted, That if the citizens of said
incorporation shall at any timo omit or fail by reason of neg¬
lect or otherwise to elect Commissioners on the second
Tuesday in January of each year, as is provided for in said
acts, then, and in that case, it shall and may be lawful if
there be Commissioners in office, for them to remain in
office till new Commissioners are elected ; or if there be no
Commissioners in office, then and in either case, the citi¬
zens of said incorporation may hold such election by giving
ten day's notice thereof publicly at three different places,
within the limits of said incorporation,which was agreed to.
SENATE.
253
The report as amended, was agreed to, the bill was read
the third time and passed.
Mr. Leonard reported a bill to be entitled an act to give
to purchasers of Fractions (and Islands in the Eighth, Nine¬
teenth and Twentieth Districts of originally Muscogee coun¬
ty, and that part of the Fifth District of originally Troup
county, below West Point, the exclusive right to use the
Water Privileges of the Chattahoochee River, opposite
their respective Fractions and Islands, and to prohibit and
prevent persons from using said privileges on the Western
side of said River, which was read the first time.
On motion,
The Senate adjourned until to-morrow morning, ten
o'clock.
TUESDAY, DEC. 18, 1849.
The Senate met pursuant to adjournment.
On motion of Mr. Long the Senate reconsidered so much
of the journal of yesterday as relates to the rejection of the
bill of the House of Representatives, to repeal anact consoli¬
dating the offices of the Clerk of the Superior and Inferior
Courts of Emanuel county.
Mr. Stell from the Committee on Enrolment reported as
duly enrolled and ready for the signature of the President
of the Senate, an act to incorporate the trustees of the Per¬
manent Fund of the Hebrew Congregation at Savannah:
Also, an act for the relief of William H. Graham and
Hardin Perkins of the county of Lumpkin, from their lia¬
bility as securities on the Tax Collectors' Bond.
Mr. A. J. Miller made the following report, to wit:
The Committee on Banks to whom was referred the peti¬
tion of William D. Anderson,Richard J. Willis and Thomas
Anderson, have had the same under consideration.
It appears that a judgment was obtained at September
term 1848, of Greene Superior Court, in favor of the Bank
of Darien, against John R. Anderson since deceased, and
the petitioners, his sureties, for the breach of the condition of
a bond given by said John R. Anderson, for the faithful per¬
formance of his duty as Agent for said Bank. The peti¬
tioners have paid a part of said judgment, and now apply to
the Legislature for its consent to pay the residue in bills of
the Bank of Darien, or the value of such bills at a deprecia¬
tion.
In view of the liability of the State (as a Stockholder in
said Bank, and by reason of bad management of its assets
since the State took the control of them), your Committee
254
JOURNAL OF THE
cannot recommend that the petitioners be allowed to pay the
residue of said judgment in the depreciated value of the notes
of the Bank, while for the same reason they concur in the
justice of the other prayer of the petitioners, and recommend
the adoption of the following resolution, to wit:
Resolved, by the Senate and House of Representatives of the
State of Georgia in General Assembly met, That the Director
and Cashier of the Central Bank be and they are hereby
authorized to receive from William D. Anderson, Thomas
Anderson and Richard J. Willis, in payment of the residue
of the judgment in favor of the Bank of Darien against John
R. Anderson and them, bills of the Bank of Darien, or any
other claim or claims against said Bank of Darien, founded
on bills at their par value', provided that said Director and
Cashier shall not receive any bills or claims which in their
judgment are not valid and just; which on motion was taken
up, read and agreed to.
Mr. Long reported a bill to be entitled an act to regulate
Vendue Masters in the City of Darien, which was read the
first time..
Mr. A. J. Miller presented the memorial of William H.
Pritchard, a citizen of Augusta, Georgia, humbly praying to
be. allowed the privilege of selling at auction, in said City,
his own and others goods, wares and merchandize, consigned
to him, without being prohibited from such privilege by the
bond of $30,000 now required by the State, which on mo¬
tion was referred to the Committee on Finance.
()n motion of Mr. J. W. G. Smith the Senate took up as
the report of the Committee of the whole, a bill to alter the
line between the counties of Marion and Talbot, so as to
add all that part of Marion county lying north of the old
Federal Road to the county of Talbot. The report was
agreed to, the bill was read the third time and passed.
On motion of Mr. Long the Senate took up as the report
of the Committee of the whole, the reconsidered .bill of the
House of Representatives, to repeal an act consolidating the
offices of the Clerk of the Superior and Inferior Courts of"
Emanuel county.
Mr. J. R. Smith moved to amend by adding as an addi¬
tional section the following, to wit:
And be it further enacted, That the offices of said Clerks
shall be kept at the county site of said county, which was
lost. The report was agreed to, the bill was read the third
time and passed.
On motion of Mr. Leonard the Senate took up as the re¬
port of the Committee of the whole, the bill of the House of
Representatives, to compensate Grand and Petit Jurors of
the county of Muscogee, and to authorize the Justices ©f the
Inferior Courts of said county to levy and collect a tax for
such purposes, and for other purposes therein contained.—
SENATE.
255
The report was agreed to, the bill was read the third time
and passed.
The .Senate then proceeded to the consideration of the
special order of the day, which was a bill to alter and amend
an act entitled an act to carry into effect the alterations and
amendments at this session of the General Assembly (to
wit the session of 1843), in and to the third and seventh
sections of the first article of the Constitution of this State,
"assented to December 23, 1843, so far as relates to the Sena¬
torial Districts.
Mr. Cochran in the Chair, Mr. WofFord moved to lay the
bill on the table for the present.
Mr. A. J. Miller moved to amend the motion by adding
that the bill be referred to the Committee on the Judiciary,
which was lost.
The question then recurred upon the motion of Mr. Wof-
ford to lay the bill on the table for the present, which was
agreed to.
On motion of Mr. A. J. Miller the bill was taken up and
referred to'a committee consisting of Messrs. A.,J. Miller,
Murphy, Sanford, Bailey, Joseph E. Brown and Stell.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have passed
the following bills, to wit:
A bill to change and fix the time for closing the polls of
the several election precincts in the county of Bulloch, and
for other purposes therein named.
A bill to incorporate Buena Vista Academy in the county
of Greene.
' A bill to incorporate a Volunteer Company of Cavalry in
the county of Cass.
A bill to incorporate Madison Collegiate Institute.
A bill to compensate the Petit Jurors of the county of
Jasper, and to authorize the Justices of the Inferior Court
to levy an extra tax for that purpose.
A bill to alter the lines between the counties of Lee and
Randolph, so as to include certain lots therein specified in
the county, of Randolph, and to include the lot of" land in
which John Blackshear resides, in the county of Stewart.
A bill to reduce the Official bonds of the Sheriff's hereafter
to be elected in the county of Habersham, from the sum of
twenty thousand dollars to the sum of ten thousand dollars.
A bill to incorporate New Chapel Camp Ground in
Washington county, and appoint trustees for the same.
"A bill to authorize the Justices of the Inferior Court of
Chatham county, to pay to the Commissioners of the Public
Roads of said county one thousand dollars for constructing a
cause-way in said county, and to authorize the Commis¬
sioners of the Skeadaway ferry and Montgomery road dis-
256
JOURNAL OF THE
trict to work the hands liable to road duty on the Islands of
Skeadaway and Ossabaw, three days in each year in said
cLi stri ct*
A bill amendatory of all acts heretofore passed allowing
fish traps in the Great Ohoopie river.
A bill to repeal an act consolidating the offices of Tax
Collector and Receiver of Tax Returns in the counties of
Rabun, Camden, Irwin, Floyd, Scriven, Paulding, Wayne,
Murray, Cherokee, Glynn, Telfair and Laurens, assented to
25th December, 1837, so far as respects the county of Lau¬
rens ; also, to repeal an act consolidating the offices of Tax
Collector and Receiver of Tax Returns for certain counties
in the State, assented to on the 9th December, 1839, so far
as relates to the county of Marion.
A bill to change the line between the counties of Gwinnett
and Walton, so as to include the residence of Alexander
Forrester in the county of Walton, and the residence of John
McCurdy in the county of Gwinnett.
A bill to authorize the citizens of Mcintosh county to elect
Commissioners of Pilotage for the Port of Darien in said
county.
A bill to appoint the Justices of the Inferior Court of the
county of Laurens, Commissioners of the town of Dublin in
in said county, and to authorize said Commissioners to sell
and dispose of a portion of lot No. 232 in the first district of
originally Wilkinson now Laurens county, known as the
commons of said town of Dublin.
A bill to prevent the assemblage of negroes for religious
worship unless conducted by white persons, and to prevent
the licensing of negro preachers in the county of Putnam.
A bill to authorize Washington Doyle to establish a ferry
at Town Bluff on the Altamaha river in the county of
Appling.
A bill to incorporate Mt. Zion Church in the county of
Irwin.
A bill to alter and amend the several acts of this State so
far as to authorize the Treasurer of the Poor School Funds
of the county of Jasper, to take and retain commission out
of said-fund.
A bill to' change the line between the county of Campbell
and^ Fayette, so as to add a part of the county of Fayette to
the county of Campbell.
They have this day agreed to a resolution on the subject
of the controversy between the slaveholding and non-slave-
holding States of the Union, declaring that on this question
we know no party distinction, &c., &c., and I am directed
to bring the said resolution forthwith to the Senate for their
concurrence.
Mr. Stell from the Committee on Enrolment, reported as
duly enrolled and ready for the signature of the President
senate.
257
of the Senate, an act to enable the Savannah and Ogechee
Canal Company to extend the Savannah and Ogechee Canal
to the Altamaha river, and for other purposes therein named.
Also, an act to change the name of Elizabeth Kelly to
that of Amanda Elizabeth Cooper, and to give Thomas W.
Cooper and his wife Franees J. S. Cooper the legal claim to
said child as parents.
On motion, the Senate adjourned until three o'clock,
P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
> On motion of Mr. Long the Senate took up the bill of the
House of Representatives to appropriate money for the sup¬
port of Government for the political years 1850 and 1851,
which was read the second time and referred to the Com¬
mittee of the whole.
The Senate took up as the report of the Committee of the
whole, a bill to incorporate an Academy at Center village in
the county of Camden, and to provide means for erecting
suitable buildings for the same. The report was agreed to,
the bill was read the third time and passed.
Mr. J. R. Smith from the Cofnmittee on the Lunatic Asy¬
lum, made the following report:
The Joint Standing Committee appointed to inquire into
and report to the Legislature the condition, prospects, &c.,
of the Lunatic Asylum, submit the following report:
In entering upon the discharge of their duties your Com¬
mittee have availed themselves of every source of informa¬
tion within their reach, and cannot but acknowledge their
indebtedness to the able report of the Committee on the
Asylum of the last General Assembly. What they would
now say can only be a repetition of much which is better
said in that document.
Your Committee have examined the Asylum and in the
neatness and order which pervades every department we
perceive evidences of a faithful and efficient discharge of
duty in all the officers, and especially in the able and enlight¬
ened Superintendent, which is worthy the highest commen¬
dation. Much has been done since the sitting of the last
General Assembly to enhance the comfort of the unfortunate
inmates and place the Institution upon a safe and perma¬
nent basis. The limited appropriation for improvement of
the last Legislature, wholly inadequate as it was to meet
the wants of the Asylum, has been faithfully applied, and we
believe that in the management of the officers during the
258
JOURNAL OF THE
past two years, we have a reliable guarantee of future faith¬
fulness.
Your Committee consider it wholly unnecessary, in this
report, to descant upon the subject of Insanity,—a disease
so terrible to humanity that the mind shrinks from its con¬
templation. Nor is it expedient at this time to argue that
Insanity is curable. The history of the Asylum of Georgia,
as yet in its infanc)^, furnishes ample evidence that it is.—
And, while we admit that much has already been done by
this Institution to ameliorate the suffering of this unfortunate
class, we hesitate not to say, that the good already done i,s
but tittle, compared with that which would have resulted
from a more liberal and ample endowment of it. And we
appeal to the enlightened philanthropy of the General As¬
sembly to make such appropriations, and authorize such im¬
provements as are now indispensably necessary to place the
Institution upon an equality with others of like character in
our sister States.
We have had under consideration the report of the Trus¬
tees and Superintendent of the Asylum, and. would refer the
Legislature to those documents for the urgent reasons which
prompt us to recommend that appropriations be made for the
following objects :
We concur with the trustees in the belief that the interests
of the Asylum require the purchase of the tract of land which
surrounds it, and we would recommend that they be autho¬
rized to make the purchase and that an appropriation be
made for that purpose. We would urge also upon the Gene¬
ral Assembly the absolute necessity of authorizing the
erection of two infirmaries, in which the sick may be secluded
from the well and enjoy that quiet and comfort indispensable
to their speedy convalescence, and which at present cannot
be procured.
We would also recommend that the roofs of the buildings
of the Institution be covered with tin. The importance of
this to the security of the establishment will be perceived in
a moment when we consider their height (nearly five stories),
and the impracticability of procuring the necessary help for
its extinguishment should either of them take fire, and,
while in, the event of such a catastrophe, the whole available
force of the Institution would be required to secure the safe¬
ty of the unfortunate patients. An additional appropriation
is also absolutely required for the erection of dormitories, or
buildings containing suitable sleeping apartments for that
class of patients whose gradual recovery requires that they
should be kept apart from the hopelessly insane. The ab¬
sence of these have, we have no doubt, prevented the re¬
covery of some who would otherwise have been restored to
health.
A separate department for Epileptics and Idiots your Com
SENATE.
259
mittee consider to be absolutely requisite. Their confine¬
ment with the insane we consider altogether unwise,—dif¬
fering widely as they do in the nature and treatment of their
several maladies, we are surprised' that they should ever
have been; and we would therefore urge that provision be
at once made to effect a separation.
The supply of water being at present too limited for the
wants of the Institution, we would recommend that the ne¬
cessary facilities be afforded in order to increase it, the only
resource at present being a well about 80 feet deep. An
additional appropriation should be made, which properly
applied, would be equally conducive to the cleanliness,
comfort, health and convenience of all.
The attention of the General Assembly has been called
before, to the importance of suitable work-shops and tools
for the use of the insane. Experience, wherever these have
been tried, has demonstrated their utility, They furnish the
means of healthy employment both of mind and body, and
thereby are frequently conducive to a speedy and sound
convalescence ; and even they whose cases are beyond the
reach of art or skill, find in the employment which these
afford, a tranquil pleasure and enjoyment which we perhaps
too lightly appreciate. Your Committee would also re¬
commend the purchase of a small sized steam engine. This
would be of great use to the establishment. It would fur¬
nish the necessary power to furnish every department with
water—would be a very great convenience in supplying
water at different temperatures, for bathing, &c., would fur¬
nish the necessary facilities for irrigating every part of the
grounds. These are a few of the very many important uses
which such a machine would subserve.
And lastly, your Committee would recommend the erec¬
tion of a brick wall of such extent and height as the trustees
may consider necessary, around the whole establishment.
The present frail fencing around it is an annual expense, and
no security against the escape of the inmates. To prevent this
escape, the utmost vigilance on the part of the Officers is
necessary. They are required to be kept constantly in
sight, and those unfortunates to whom solitude might bring
peace and calmness, at present have no place of seclusion
but their rooms.
The appropriations necessary for the different objects
specified in this report may seem large, but we believe that
by placing the Institution on an equality with others of like
character, that in the increase of its patronage, the expenses
of the Institution will be materially diminished, and that the
ultimate annual saving to the State would justify the present
outlay recommended by the Committee.
We append a synopsis of the objects to be accomplished,
260
JOURNAL OF THE
and the nett estimate of the appropriations necessary for the
purchase of land :
For the purchase of land, $3,000
<< " erection of two Infirmaries, 2,500
" " " " Dormitories, 3,000
" " covering buildings with tin, 3,000
Separate apartments for Epileptics, 2,000
Eor procuring an additional supply of water, 1,000
" work-shops, tools, &c., 1,500
" small engine, 1,500
" erecting permanent wall, 10,000
" incidental expenses, freight. See., 500
Amounting to the sum of $28,000
All of which is respectfully submitteed.
IRA E. SMITH,
T. R. DUNHAM,
W. Q. ANDERSON,
J. R. SMITH.
On motion of Mr. Purse the Senate took up the bill of the
House of Representatives, to amend an act entitled an act
to incorporate the Augusta and Waynesboro Rail Road,
passed 21st December, 1838, which was read the second
time and referred to the Committee of the whole House.
On motion of Mr. J. R. Smith the Senate took up the bill
of Senate, to alter and amend the third section of the
first Article of the Constitution of this State, which was on
motion referred to a select Committee consisting of Messrs.
A. J. Miller, Murphy, Sanford, Bailey, Ferrell, Joseph E.
Brown and Stell.
On motion of Mr. Murphy the Senate took up the bill of
the House of Representatives lor the relief of John G. Whit-
worth, Administrator of the estate of Elijah Hill, deceased,
which on motion was referred to the Committee on Finance.
Mr. Bailey from the Judiciary Committee, to whom had
been referred the bill entitled an act to repeal, alter and
amend so much of an act entitled an act to appoint County
Treasurers and define their duties, approved the 24th of
December, 1825, so far as relates to the appointment of
Copnty Treasurers by Justices of the Inferior Court in the
several counties, and to provide for the election of County
Treasurers by the people of the respective counties of'the
State, and for other purposes therein specified, have had
the same under consideration, and report the same back,
and recommend its passage.
The following bills of the House of Representatives were
taken up, read the second time and referred to the Committee
of the whole:
A bill to make permanent the site of the public buildings
SENATE.
261
lor the county of Marion in the town of Buena Vista, and to
incorporate said town.
A bill to add certain lots of land and parts of lots in the
counties of Macon and Crawford, to the county of Talbot.
A bill to organize a Volunteer Company of Mounted In¬
fantry in the county of Habersham, to be attached to the
44th regiment, Geoigia Militia.
A bill to alter and amend and explain the first section of
an act passed for the relief of co-securities, and assented to
•the 22d December, 1S40.
A bill for the relief of Ellen B. Kennedy.
A bill to add a part of the county of Twiggs to the county
of Bibb, and a part of Bibb to the county of Jones, and a
part of the county of Jones to the county of Bibb.
A bill to incorporate the Forsyth Female Collegiate In¬
stitute, and to appoint trustees for the same.
A bill to authorize the issuing of a certain grant therein
specified.
A bill to repeal all laws and parts of laws incorporating
the town of Clarksville in Habersham county.
A bill to regulate the admission of Deeds in Evidence in
certain cases therein mentioned.
A bill for the relief of Jonathan Pearson and Wright
Noles.
A bill to reduce the number of trustees of the Henry
County Academy.
A bill to authorize the Justices of the Inferior Court of
Cherokee county to pay the Jail fees of insolvents out of the
county funds.
A bill to perfect service of Sciri Facias on absent defend¬
ants by publication for the purpose of reviving dormant judg¬
ments.
A bill to change the names and legitimatize the persons
therein named, and for other purposes.
A bill to add a part of the county of Muscogee to the
county of Macon, and for other purposes.
A bill to compensate the Petit Jurors of the county of
Hancock and to authorize the Justices of the Inferior Court
to levy an extra tax for that purpose.
A bill to alter and amend the several acts incorporating
the City of Griffin.
A bill to authorize grants to issue in certain cases.
The following bills of the House of Representatives were
taken up and read the first time, to wit:
A bill to change the line between the county of Campbell
and the connty of Fayette, so as to add a part of the county
of Fayette to the county of Campbell.
A bill*to incorporate the Mount Zion Cnurch in the county
of Irwin.
A bill amendatory of all acts heretofore passed allowing
262
JOURNAL OF THE
fish traps in the Great Ohoopee and Little Ohoopee Rivers,
and to remove all obstructions to the free passage of fish.
A bill to alter and amend the several acts of this State so
as to authorize the Treasurer of the Poor School fund of the
county of Jasper to take and retain a commission out of said
fund.
A bill to change the line between the counties of Gwinnett
and Walton, so as to include the residence of Alexander
Forrister in the county of Walton, and the residence of John
McCurdy in the county of Gwinnett.
A bill to reduce the official bond of Sheriffs hereafter to be
elected in the county of Habersham, from the sum of twenty
thousand dollars to the sum of ten thousand dollars.
, A bill to authorize the Justices of the Inferior Court of
Chatham county to pay to the Commissioners of public
roads of said county, one thousand dollars for constructing a
cause-way in said county, and to authorize the Commission¬
ers of the Skidaway Ferry and Montgomery road district to
work the hands liable to road duty on the Islands of Skid-
away and Osabaw three days in each year iu said district.
A bill to alter the lines between the counties of Lee and
Randolph, Early and Randolph, Stewart and Randolph, so
as to include the certain lots therein specified in the county
of Randolph, and to include the lot of land on which John
Blackshear resides in the county of Stewart.
A bill to compensate the Petit Jurors of the county of
Jasper, and to authorize the Justices of the Inferior Court to
levy an extra tax for that purpose.
A bill to appoint the Justices of the Inferior Court of the
county of Laurens, Commissioners of the town of Dublin in
said County, and to authorize said Commissioners to sell and
dispose of a portion of lot No. 232 in the 1st district of origi¬
nally Wilkinson, now Laurens county, known as the Com¬
mons of said town of Dublin.
. A bill to authorize the citizens of Mcintosh county to elect
Commissioners of Pilotage for the port of Darien, and regu¬
late the fees of the same in said county.
A bill to incorporate the Buena Vista Academy in Greene
county.
A bill to incorporate Madison Collegiate Institute.
A bill to incorporate a Volunteer Company of Cavalry in
the county of Cass, to be known by the name and style of
the Knights Centicollum, and to grant them certain privile¬
ges and exemptions, and to authorize the Governor to furnish
them with certain arms therein named.
A bill to incorporate the New Chapel Camp Ground in the
county of Washington, and to appoint trustees for the same.
A bill to change and fix the time of closing the polls in the
several election precincts in the county of Bulloch, so far as
relates to the election of all County Officers, Governor of the
SENATE.
263
State, members to Congress and members to the Legislatare,
and to authorize the Superintendents of said elections at
the Court House to count out, and consolidate the returns of
said elections on the same day, provided the election returns
from the several precincts should arrive at the Court House
in time for them so to do.
A bill to authorize Washington Dyle to establish a ferry
at Town Bluff on his own land, on the Altamaha river in the
county of Appling.
A bill to repeal an act to consolidate the offices of Tax
Collector and Receiver of Tax Returns in the counties of
Rabun, Camden, Irwin, Floyd, Scriven, Paulding, Wayne,
Murray, Cherokee, Glynn, Telfair and Laurens, assented to
25th December, 1837, so far as respects the county of Lau¬
rens ; also, to repeal an act consolidating the offices of Tax
Collector and Receiver of Tax Returns for certain counties
in this State, assented to on the 9th December, 1839, so far
as relates to the county of Marion.
A bill to prevent the assemblage of negroes for religious
worship unless conducted by white persons, and to prevent
the licensing of negro preachers in the county of Putnam.
On motion leave of absence was granted to Messrs. J. R.
Smith and Leonard, after to-morrow.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to authorize
Samuel C. Lippett to establish a ferry across Flint river —
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to reduce
the Official bond of Sheriffs hereafter to be elected in the
county of Pranklin, from the sum of twenty thousand dollars
to the sum of ten thousand dollars. The report was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives for the relief
of Charles B. Lombard, and for other purposes therein
named. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of tho
whole, the bill of the House of Representatives for the relief
of Bedford J. Heard of Macon county. The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to consoli¬
date the offices of Clerk of the Superior and Inferior Courts
of the qpunty of Talbot. The report was agreed to, the bill
was read the third time and passed.
Mr. John Jones laid upon the table the following resolu¬
tion, to wit:
264
journal of the
Resolved, That the Senate will not grant leave of absence
to any pfits members until after the recess, except in case of
absolute necessity.
On motion,
The Senate adjourned until to-morrow morning ten
o'clock.
WEDNESDAY, December 19th, 1849.
The Senate met pursuant to adjournment.
On motion of Mr. Love, the Senate reconsidered so much
of the Journal of yesterday as relates to the passage of the
bill to alter the line between the counties of Marion and
Talbot, so as to add all that part of Mari on county being
North of the old Federal Road to the county of Talbot.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
agreed to the accompanying report and resolution on the
memorial of George W. Towns, in relation to Fractional
Lot and Lots of Land in originally Muscogee, now Macon
county, in which they ask the concurrence of the Senate.
On motion of Mr. Purse, the Senate took up as the report
of the Committee of the whole, the bill of the House of Rep¬
resentatives, " to appropriate money for the support of Gov¬
ernment for the political years 1850 and 1851and on the
following part of section first being read, to wit:
Be it enacted by the Senate and House of Representatives of
the State of Georgia, in General Assembly met, and it is hereby
enacted by the authority of the same, That the following
sums of money be, and the same are hereby appropriated to
the respective persons and objects hereinafter named, viz :
The sum of three thousand dollars each year to his excel¬
lency the Governor, as his salary; and the sum of sixteen
hundred dollars to each the Secretary of State, the Comp¬
troller General, the Treasurer and the Surveyor General
for each year ; the sum of eleven hundred dollars,each to
the Secretaries (not to exceed three,) employed in the Ex-
exutive Department, for each year."
Mr. Purse moved to amend by striking out "eleven hun¬
dred dollar's," which was agreed to.
Mr. A. J. Miller moved to insert "twelve hundred and
fifty," which was agreed to ; and on the seventh section be¬
ing read as follows, to wit:
And be it further enacted, That the sum of six dollars per
diem be appropriated to each, the President of the Senate
senate.
26 0
and Speaker of the House of Representatives during the
present session of the General Assembly, and the sum of
four dollars to each for every twenty miles coming to and
returning from the seat of government, and the sum-of five
dollars per day to each member of the General Assembly
during its present session, and the sum of four dollars for
each twenty miles coming to and returning from the seat of
government—provided no member shall receive pay for any
time after having left, for the remainder of the session, or
for any time he may have been absent without leave from
that branch of the General Assembly of which he is a mem¬
ber, unless absent from sickness of themselves or families.
Mr. Stell moved to amend by striking out the word
" five," and inserting in lieu thereof, the word " three."
Mr. A. J. Miller called for a division of the question, and
the motion to strike out was lost.
Mr. Cochran rrioved to amend by adding the following as
an additional section, to wit:
"Sec. 9th. Be it further enacted, That the Treasurer be.
authftrized to pay from time to time to officers of the gov¬
ernment whose salaries are appropriated by this act, 75 per
cent of the amounts for which service has actually been ren¬
dered at the date of said payment, taking receipts from
said officers for the same, which receipts shall be his vouch¬
ers, and are hereby declared offsets to the extent of said
payments, to executive warrants drawn at the end of the
quarter for said officer's salarieswhich was agreed to.
The report as amended, was agreed to, the bill was read
the third time and passed. And on motion, the Secretary
was directed to carry the bill forthwith back to the House of
Representatives.
On motion of Mr. Long, the President of the Senate ap¬
pointed Messrs. Long, Clayton and Chisolm as an Auditing
Committee.
Leave of absence was granted to Mr. Murphy for three
days after the fourteenth of January next.
Leave of absence was granted to Messrs. McRea, Napier,
Edmondson and Ferrill, after to-day.
Leave of absence was granted to Mr. McBee for a few
days after the fourteenth of January next.
On motion of Mr. Stell, the Senate took up the following
Resolution of the House of Representatives, to wit:
Resoled, That it is the sense of the present General As¬
sembly of Georgia, that George W. Towns is entitled to
Grants for Fractional Lot No. 267, and Lots of Land No.
263 and 264, in the First District of originally Muscogee,
now Macon county, under the terms and conditions of the
sale at which he became the purchaser of the same, under
an Executive order, pursuant to an act of the last General
Assembly of this State; which was on motion of Mr, A. J.
266
JOURNAL OP THE
Miller, concurred in, and the Secretary was directed to
carry the same forthwith back to the House of Representa¬
tives.
On motion of Mr. William Jones, the Senate took up the
engrossed bill to authorize Jacob Pittman, a decrepid and
infirm, man, a citizen of the county of Ware, to vend and ped¬
dle on all goods, wares and merchandize throughout all the
counties of the First Congressional District, without paying
a fee, or license for the same. The bill was read the third
time and passed.
On motion, the Senate took up as the report of the Com¬
mittee of the whole, the bill of the House of Representa¬
tives, "to authorize the issuing of a certain grant therein
specified. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, "to change
the county lines between the counties of Twiggs and Bibb,
and Bibb and Jones." The report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, " for the
relief of Jonathan C. Pearson and Wright Noles." The re¬
port was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, "Jlo add a
part of the county of Muscogee to the county of Marion, and
for other purposes." The report was agreed to, the bill
was read the third time and passed."
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, " to par¬
don Sampson Braziel, a convict in the Penitentiary of this
Stale." The report was agreed, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, " to change
the line between the counties of Gwinnett and Jackson, so
as to add the residence of Dilmas L. Jarrett, of the county
of Gwinnett, to the county of Jackson." The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, " to incor¬
porate the Sweet Water Manufacturing Company, of the
county of Campbell."
Mr. A. J. Miller moved to amend by adding as an addi¬
tional section, the following, to wit:
"And be it further enacted, That Justus R. Bulkley, John
M. Adams, William R. Kitchen, Milo Hatch and their asso¬
ciates and successors be, and they are hereby constituted
SENATE.
26 7
and made a body corporate, by the name and style of the
'Augusta Coit Club,' with power to receive and hold such
lot of land and other property, and to pass all such by-laws
as may be necessary and proper for the purposes of their
Association, and shall have authority to sue and be liable to
be sued in the name aforesaid, in any Court of Law or
Equity," which was agreed to. The caption was altered to
Conform to the body of the bill. The report as amended,
\yas agreed to, the bill was read the third time and passed.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have agreed
to the amendments of Senate to the bill of the House to in¬
corporate Wellington Academy, in the county of Macon.
Also Centreville Academy, in the county of Talbot, and ap¬
point Trustees for each. Also to the amendments to the
bill to incorporate the Trustees for Wesley Chapel, Andrew
Chapel and Trinity Church, of the Methodist Episcopal
Church South, in the city of Savannah.
They have also passed the bill of Senate for the re¬
lief of certain citizens of this State from any and all the dis¬
abilities, pains and penalties to which they may now be sub¬
jected by law, with amendments, to which they desire the
agreement of the Senate.
They have also passed a bill of the House, to alter and
amend the second and third sections of an act passed 29th
December, 1838, entitled an act further to regulate the
granting of retail license and sale of spirituous liquors.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to incorpo¬
rate the Andrew Academy, and- appoint Trustees for the
same. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to add an
additional number of Trustees to the Attapulgus Academy,
in Decatur county. The report was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to authorize
William A. Carr and Peter A. Summey to open and keep
open the North Oconee River, from the Factory Dam at
Athens, to Chandler's Bridge in Jackson county, and to
vest in them, their heirs and assigns, the right of navigating
said River, between said two points on the same, for the
term of fifteen years, and to fix the maximum rates of trans¬
porting lumber, wood and produce thereon. The report
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the Ho*se of Representatives, to alter and
26S
JOURNAL OF THE
amend an act to incorporate the Southern Mutual Insurance
Company, approved the 29th day of December, 1847. The
report was agreed to, the -bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, the bill ot the House of Representatives to incorpo¬
rate the Forsyth Female Collegiate Institute, and to ap¬
point Trustees for the same. The report was agreed to, the
bill was read the third time and passed.
The Senate took up as the-report ot the Committee of the
whole, the bill of the House ofRepresentatives, for the relief
of William H. Monroe, lately the husband of Mary Ann
Monroe., The report was agreed to, the bill was read the
third lime and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to compen¬
sate Petit Jurors of the county of Laurens. The report
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole the bill of the House of Representatives, to amend
an act approved December 19th, 1829, entitled an act to
incorporate the St. Mary's Library Society. The report
was agreed to, the bill was read the third time and passed.
The following message was received from the House oi
Representatives, by Mr. Harrison, their Clerk :
Mr. ¥ resident—The House ofRepresentatives hare com
curred in the amendments of the Senate to the bill.appro¬
priating monies for the political year 1850 and thereafter.
Mr. Steli, from the Committee on Enrolment, reported as
duly enrolled and ready for the signature of the President
of the Senate, an act to authorize John Dillon, of the county
of Chatham, to erect a Toll Bridge over the great Ogeec'hee
River, on his own land, near Fort Argyle.
The Senate, took up as the report of the Committee of the
whole, the bill from the House ofRepresentatives to change
the names and legitimatize the persons therein named, and
for other purposes, and on the eleventh section being read
as follows : "And be it further enacted, That William Hada-
way, of Hall county., be, and he is hereby entitled to in¬
herit of the estate of James Huckaby, of said county, to
succeed to the same rights and privileges in said estate as if
he had been born to the said James Huckaby, in lawful
wedlock." '
Mr. Byrd moved to amend by striking out the said sec¬
tion and insert in lieu thereof, " and whereas James Hucka¬
by, of Hall county, has applied to the General Assembly
to make William Hadaway his step son, his heir at law, and
to change the name of said William :
Be it further enacted, That the name of said William Hada-
senate.
269
way be changed to that of William Huckaby, and he is
hereby made an heir ht law of said James, and capable of
inheriting from said James as if he were his own son, be¬
gotten in lawful wedlock," which was agreed to.
Mr. J. R. Smith moved to amend by adding as an addi¬
tional section,the following, to wit:
And be it further enacted, That the names of William, Tho¬
mas, Amanda, Lucinda J., Bemah S. and Sarah J. Wal¬
ters, of the county of Jefferson, be changed to that of
William, Thomas, Amanda, Lucinda J. Bemah S. and
Sarah J. Moore, that as such they shall be known and cal¬
led in law, and that they are hereby declared to be fully
and completely legitimated and entitled to all the rights and
privileges that they would have hat,! had they been born in
lawful wedlock, and be capable of taking and inheriting all
manner of property, so far as relates to the estate, both real
arid personal of their reputed father, William Moore, of the
county of Jefferson, which was agreed to. The report as
amended, was agreed to, the bill was read the third time
and passed.
On motion,
The Senate adjourned until three o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to an adjournment.
Mr. Murphy reported a bill to be entitled an act to au¬
thorize the administrators of Hardy Ivy and Alston H. Green,
late of DeKalb county, deceased, to sell certain lots belong¬
ing to said estates in the city ol Atlanta, which was read the
first time.
Mr. J. R. Smith reported a bill to be entitled an act to in¬
corporate Sisters Church in the county of Washington, and
to appoint Trustees for the same, which was read the first
time.
On motion of Mr. Love, the Senate took up the amend¬
ments of the House of Representatives to the bill of Senate
for the relief of certain citizens of this State from any and
all liabilities, pains and penalties to which they may be now
subjected by law, and on motion, the Senate concurred in
the amendments.
On motion, the bill of the House of Representatives " to
alter and amend the 2d and 3d sections of an act passed
29th December, 1838, entitled an act further to regulate the
granting of retail license and retail of spirituous liquors,"
was taken up and read the first time.
The following bills of the House of Representatives were
270
JOURNAL OF THE
taken up, read the second time and referred to a Commit¬
tee of the whole, to-wit:
A bill to change and fix the time for closing the polls at
the several election precincts in the county of Bulloch and
for other purposes therein named.
A bill to prevent the assemblage of negroes for religious
worship, unless conducted by white persons and to prevent
the licensing of negro preacher's in the county of Putnam.
A bill to alter the lines between the counties of Lee and
Randolph, so as to include certain lots therein specified in
the county of Randolph, and to include the lot of land on
which John Blackshear resides, in the county of Stewart.
A bill to authorize the citizens of Mcintosh county to
elect Commissioners of Pilotage for the Port of Darien in
said county.
A bill to incorporate a Volunteer Company of Cavalry
in the county of Cass to be known by the name and style of
the Knights Centicollum, and to grant them certain privi¬
leges and exemptions, and to authorize the Governor to fur¬
nish them with certain arms therein named.
A bill to incorporate Mount Zion Church in the county of
Irwin, and appoint Trustees for the same.
A bill to reduce the official bonds of the Sheriffs hereafter
to be elected in the county of Habersham, from twenty thou¬
sand dollars to the sum of ten thousand dollars.
A bill to incorporate the Buena Vista Academy in Greene
county.
A bill to authorize Washington Dyle to establish a Ferry
at Town Bluff on his own land on the Altamaha River, in
the county of Appling.
A bill to appoint the Justices of the Inferior Court of the
county of Laurens, Commissioners of the town of Dublin in
said county, and to authorize said Commissioners to sell and
dispose of a portion of lot No. 2-32 in the 1st district of origi¬
nally Wilkinson, now Laurens county, known as the Com¬
mons of said town of Dublin.
A bill to repeal an act to consolidate the offices of Tax
Collector and Receiver of Tax Returns in the counties of
Rabun, Camden, Irwin, Floyd, Scriven, Paulding, Wayne,
Murray, Cherokee, Glynn, Telfair and Laurens, assented
to 25th December, 1837, so far as relates to the county of
Laurens. Also, to repeal an act consolidating the offices of
Tax Collector and Receiver of Tax Returns for certain
counties in this State, assented to on the 9th December,
1839, so far as relates to the county of Marion.
A bill to incorporate the New Chapel Camp Ground in
the county of Washington, and to appoint Trustees for the
same.
A bill to change the line between the county of Fayette
SENATE
271
and the county of Campbell, so as to add a part of the coun¬
ty of Fayette to the county of Campbell.
A bill to authorize the Justices of the Inferior Court of
Chatham county to pay to the Commissioners of Public
roads of said county, one thousand dollars for constructing
a causeway in said county, and to authorize the Commission¬
ers of the Skedaway Ferry and Montgomery road district to
work the hands liable to road duty on the Islands of Sked¬
away and Osabaw three days in each year, in said district.
A bill to alter and amend the several acts oi this State so
as to authorize the Treasurer of the Poor School Fund ot the
county of Jasper to take and retain a commission out of said
fund.
A bill amendatory of all acts heretofore passed allowing
fish traps in the Great Ohoopee River.
A bill to compensate the Petit Jurors of the county of
Jasper, and to authorize the Justices of the Inferior Court to
levy an extra tax for that purpose.
A bill to incorporate Madison Collegiate Institute.
A bill to change the line between the counties of Gwin¬
nett and Walton, so as to include the residence of Alexander
Forrister in the county of Walton and the residence of John
McCurdy in the county of Gwinnett.
Mr. J. R. Smith laid on the table the following resolution,
to-wit:
Resolved, That a Committee be appointed on the part of
the Senate to join such Committee as may be appointed on
the part of the House to wait upon his excellency the Gov¬
ernor and inform him that both Houses have determined to
take a recess from the 20th instant, until the second Monday
January next, and enquire whether he has any communica¬
tion to lay before either branch of the General Assembly,
which was taken up, read and agreed to.
The Committee named are Messrs. J. R. Smith, Love
and John Jones.
The Secretary was instructed to carry the same forthwith
to the Senate.
On motion of Mr. McRea, the Senate took up as the report
of the Committee of the whole, the bill of the House of Re¬
presentatives, to repeal so much of an act assented to 19th
December, 1840, as relates to the consolidation of the offices
of Tax Collector and Receiver of Returns in the county of
Montgomery. The report was agreed to, the bill was- read
the third time and passed.
On motion,
The Senate took a recess until 5 o'clock.
272
journal of the
Five o'clock, P. M.
The Senate met.
Mr- Chisolm from the Committee on Public Education
and Free Schools, to whom was referred the bill to amend
an act to provide for Education of the Poor, so far as the
counties of Rabun and Union are Concerned, reported the
same back to the Senate and recommend its passage.
Mr. Stell from the Committee on Enrolment, reported as
duly enrolled and signed by the Speaker of the House of Re¬
presentatives and ready for the signature of the President of
the Senate, an act for the relief of Poor Children in the coun¬
ty, of Gwinnett.
Also, an act to amend the several acts now in force reg¬
ulating the fees of Magistrates and Constables so far as re¬
lates to the County of Chatham, and to provide for the mode
of collecting the same.
Also, an act to repeal an act consolidating the offices of
the Clerk of the Superior and Inferior Courts of Emanuel
county.
Also, an act to incorporate the Houston Branch Rail Road
Company and to authorize said Company to construct a
Rail Road from some suitable point on the South Western
Rail Road to the town Perry in Houston county.
Also, an act to incorporate the Wellington Academy in
the county of Macon. Also, Centreville Academy in the
county of Talbot, and appoint Trustees for each.
Also, an act to incorporate the Griffin and West Point
Plank Road Company for the purpose of constructing a Plank
Road from Griffin to the town of West Point in Troup
county, and to punish those who may wilfully injure the same.
Also, an act to compensate Petit Jurors in the county of
Houston.
Also, an act for the relief of David Dobbs of the county
of'Cobb.
Also, an act to regulate the fees of Attorneys and Solicit¬
ors General and other purposes therein specified.
Also, an act to consolidate the offices of Clerk of the Su¬
perior and Inferior Courts of the county of Talbot.
Also, an act for the relief of Charles B. Lombard and for
other porposes.
Also, an act for the relief of Bedford J. Head of Macon
count}7".
Also, an act to reduce the official bond of the Sheriffs
hereafter to be elected in the county of Franklin, from the
sum of twenty thousand dollars to the sum of ten thousand
dollars.
Also, an act to relieve William W. Barton and Ephraim
G. Ponder and their sureties from all liability under their
SENATE.
273
respective recognizances for their appearance at the May
term, 1849, of Chatham Superior Court.
Also, an act to incorporate the Trustees tor Wesley
Chapel, Andrew Chapel, Trinity Church of the Methodist
Episcopal Church South, in the city of Savannah.
Also, an act to alter and amend an act to provide for the
compensation of Grand Jurors of Lumpkin county, passed
December 7th, 1843; also to provide for the compensation
of Petit Jurors in the Superior and Inferior Courts of said
county.
Also, an act. to repeal an act entitled an act to appoint
County Treasurers and define their duties, so far as relates
to the counties of Troup, Carroll, Crawford, Murray, Mon¬
roe, Montgomery, Pike, Appling, Randolph, Warren, Pay¬
ette, Chatham, Cherokee and Stewart, and to give to the
people of said counties the election of Treasurer.
Also, an act to authorizh Samuel C. Lippit to establish a
Ferry across Flint River.
Also, an act to compensate the Petit Jurors of Early coun¬
ty, and to provide for raising a fund for the same.
Also, an act to amend an act entitled an act to amend the
several acts regulating the Road Laws in this State so far as^
relates to the countes of Bryan, Liberty, Mcintosh, Glynn,
Camden and Wayne, approved 8th December, 1806, so far
as relates to Liberty county.
Also, an act to incorporate the Hancock Steamboat Com¬
pany.
Also, an act to revive and make of force an act to incor¬
porate the Thomaston and Barnesville Rail Road Company
with power to construct a Rail Road from some point on the
Monroe Rail Road at or near Barnesville in Pike county, to
the town of Thomaston in Upson county, and to punish
those who may wilfully injure the same, and to confer all
corporate powers necessary to effect said object, assented to
December 23d, 1839.
Also, an act to add certain lots of land and parts of lots
in the counties of Macon and Crawford to the county ,ot
Talbot.
Also, an act to authorize and empower John S. Rowland
to establish a Ferry or build a Bridge across the Etowah
River on his own land in Cass county and to take toll.
Also, an act to alter and amend the Poor School Laws
now in force so far as respects the county of Dooly.
Also, an act to authorize William S. Hamill, Sen., to es¬
tablish a ferry across Flint river.
Also, an act to make Ellen M. Baker the heir of James
R. Ware, and to cause her to stand related to him in all
respects as if she were the child of his body, and for other
purposes.
Also, an act to alter and change the time of holding the
18
274
journal of the
Superior Courts of the county of Macon of the South-West-
ern Circuit, and to require the same to be held two weeks, if
necessary.
On motion of Mr. A. J. Miller the following preamble and
resolutions of the House of Representatives were taken up
and read.
Whereas, the present state of the controversy between
the non-slaveholding and the slaveholding States, involving
the disorganized condition of the National Legislature (one
of its legitimate fruits) forcibly admonishes the slaveholding
States to look well to their interest; and whereas, it is im¬
portant that the General Assembly on convening after the
recess be informed upon reliable authority of the then ex¬
isting state of things at the Capital.
Resolved, That we, the Representatives of the people of
Georgia, long divided into parties upon federal politics, sol¬
emnly declare that on this vital question we know no party
distinction among ourselves, and that we recognize all men
North and South, who will mete out full and equal justice
to the South, and then only as political friends and allies.
' Resolved, That his excellency the Governor be requested
to institute during the recess a correspondence with each of
our Senators and Representatives in Congress, inviting from
each of them a communication of such facts relative to said
controversy coming to his knowledge at the Seat of Govern¬
ment as may aid our deliberations, that the same may be
laid before the General Assembly when it shall again con¬
vene.
On motion of Mr. Bailey the preamble and resolutions
were laid on the table for the present.
On motion,
The Senate adjourned until 7 o'clock this evening.
Seven o^clock, P. M.
The Senate met pursuant to adjournment.
Mr. Murphy, from the Joint Standing Committee on the
State of the Republic, made the following report:
The Joint Committee on the State of the Republic, to
whom was referred those portions of the Governor's Mes¬
sage and the several bills and resolutions relating to the
subject of Slavery, introduced into either branch of the Le¬
gislature, beg leave to report that they have given the most
deliberate and solemn attention to the various suggestions
embraced in propositions submitted to them, referring to the
subject of Slavery, and have, with minds fully impressed
with the great significance that must be given to any action
SENATE.
275
whatever on this matter at the present hour, arrived at the
conclusion that we should, as far as the State of Georgia is
concerned, recommend such action as shall compose the
public mind, suppress any further agitation of a controversy
in which for more than twenty years the South has been
constantly worsted, or propose some efficient and practical
measures that shall prove the sincerity of our complaints,
and at the same time redress our wrongs. It is' vain to
deny that we the injured party, have for a series of years
by a vacillating and temporizing policy only assured the
courage of our assailants, and invited by an excessive sensi¬
bility on the subject of the ultimate consequences of decisive
action, further and still more iniquitous experiments upon
our forbearnce and patience. The best defence of liberty is
the first blow stricken in its defence, and for the first right
violated. With all the accumulated injury of fifteen years
that we have had to endure from the anti-slavery States,
and that we so sensibly feel to-day, we yet do not feel more
keenly, nor do we express more forcibly our sense of this
outrage than did the Legirlature of Georgia twenty-two
years ago, upon the bare proposition of the friends of colo¬
nization to vote an appropriation for the removal of free ne¬
groes to Liberia. Yet the Joint Committee on the State of
the.Republic, in the year 1827, declared in reference to this
subject so harmless in comparison with the audacity of recent
legislation, " that they could not help reprobating the cold
blooded selfishness or unthinking zeal which actuates many
of our fellow-citizens in other states to an interference with
our local concerns and domestic relations, totally unwar¬
ranted either by humanity or constitutional right. Such in¬
terference is becoming every day more determined and
more alarming. It commenced with a few unthinking
zealots, who formed themselves into ablition societies ; was
seized upon by more cunning and designing men for political
purposes, and is supported by more than one of the states,
as is evident from the amendments to the Constitution pro¬
posed by legislative bodies, and so frequently and insultingly
presented for our approbation. The result of such inter¬
ference if persevered in, is awful and inevitable. The peo¬
ple of Georgia know and strongly feel the advantages of the
Federal Union ; as members of that Union, they are proud
of its greatness ; as children born under that Union, they
will ever defend it from foes internal as well as external;
but they cannot and will not even for the preservation of the
Union, permit their rights to be assailed; they will not per¬
mit their property to be rendered worthless; they will not
permit their wives and children to be driven as wanderers
into strange lands; they will not permit their county to be
made waste and desolate by those who may come among •
us under a cloak of a time-serving arid hypocritical benevo-
276
JOURNAL OF THE
lence. How then is the evil to be remeded ? Only by a
firm and determined union of the people and the states of
the South declaring through their legislative bodies in a
voice which must be heard, that they are ready and will¬
ing to make any sacrifice rather than submit longer to
such ruinous interference, and warning their enimies that
they are unwittingly prepararing a mine -which once ex¬
ploded, will lay our much beloved country in one common
ruin." Such language as this the patriotic guardians of our
State thought the crisis of 1S27 justified. Who now with
the lights of 1849 before him, and the enormities of northern
aggression since the days of this remonstrance but feels that
either the grievances of twenty years ago were vastly ex¬
aggerated, or we have suffered that quick resentment and
sensibility to wrong to fall into decay, and our minds to be¬
come patient and calm under inflictions which would have
been intolerable to the high spirits of that day. But it may
be urged in defence of the long suffering of the South, that
attachment to this union has been a kin to a sacred devoted-
ness. That from no huckstering spirit of profit or of lucre-
loving have we clung to it with such tenacity, that a quarter
of a century of outrage upon our rights and of paltering
with our capability of endurance has barely been enough to
induce us to count the value of it. With the whole South
this Union has been regarded as dear to us from a higher, a
nobler appreciation than because it "promoted the general
welfare." It has been dear to us because purchased with
the blood of our fathers ; because transmitted to us with their
benedictions, and because we had hoped under its sway to
see human liberty afid. human progress advance to that point
that should give the name of American freedom as a guar¬
antee for any future experiments in self-government. Though
often charged, with a reckless and restless spirit, which was
not submissive to constitutional restraints, the South boldly
meets this charge by asking, when did we ever cause colli¬
sion between members of this Union by any aggressive
legislation—by a distrustful, a self-seeking, ot a domineer¬
ing policy ? When did the South by stretching the powers
of the Government, excite alarm or jealousy ? When did
she insult the self-respect of any member of this Confede¬
racy by contemptuous comparisons, or by a pragmatical and
patronizing interference with the internal policy and interests
of any State r
Or when did her pulpit lend itself to fan the flame of civil
discord; or when in our borders was the temple of the living
God, made the theatre of display for the rancorous hate of
brother against his brother ? Let these reproaches fall
where they are deserved, the South has no dread of them.
From the earliest date of the slavery controversy, the South
has evinced a yielding and conciliatory spirit. For it will
SENATE.
277
be hard, indeed, for any one to show the slightest mutuality
in the concession made on the part of the South, of all repre¬
sentation of two-fifths of her slave population. Can any
fair reason be urged why the South should not have entered
into this Confederacy claiming a full representation for this
species of property. If taxation implies a correlative right
of representation, then was the Southern slaveholder unjustly
treated, when it was demanded of him that before he could
enter this Union as a citizen, he must first surrender the
right of having two-fifths of his slaves represented, when
that two-fifths were as certainly taxed on all articles of their
consumption as were their masters. But yet the South
yielded this point. She consented also to abolish the foreign
slave trade, by which she might have cheaply supplied her¬
self with slave labor, and when the northernmost slave
States thought fit to abolish the insl itution in their borders,
she interposed no obstables or vexatious hindrances, though
it might have been clearly foreseen that this result would have
been fruitful of trouble to those States that would find their
necessities or their convenience demanding a continuance
of the system. In every interference with the question of
domestic slavery by the North, she has failed and failed sig¬
nally to justify her course by any reasons of a purely poli¬
tical character, and much less by such political reasons as
are to be found in or tolerated by our Constitution. There
could be no other complaint reasonably urged by the North
against the existence or the extension of the slave property of
the South, but that the federal representation claimed for it
was unequal, and therefore unjust towards the North.
But as we have seen the only inequality in this thing is
against the South, and not in her favor; it then resolves itr
self into this, that this government, so restricted in the exer¬
cise of all power, is to be allowed to turn propagandist, and
devote its best energies to the driving through, against all
resistance of plighted faith, of constitutional law, against all
claims of right, justice or fraternity, a moial reform that has
first and last for its object, a forcible ejectment from our
midst of what is denounced as a gross immorality, and a de¬
termination to give practical effect to the idea that this Gov¬
ernment, as a Government, entertains of the sin of slavery.
It is the first and last instance furnished by our history,
in which this government has thought it rightful or expe¬
dient to subsidise religious agencies by the strong arm of po¬
litical power. It would require but one short step further
in this attempt to regulate a matter of conscience, to £ee
our duty clearly dictating a union of Church and State.—
We feel it to be unnecessary to trace this controversy step
by step to its present critical, if not perilous stage.
If we should do so with the minutest fidelity, its history
would at every turn only shew, how reluctant the South has
278
JOURNAL OF THE
been to bring the grave matters in issue to that extremity
which would leave the true friends of harmony and Union
nothing to hope. It has been our fault that we have in every
instance invited imposition by indicating a yielding disposi¬
tion, which only required to be hard pressed, to grant the
most extravagant requisitions. So it was in the controversy
with the anti-slavery States which gave birth to the Missouri
Compromise. In this mis-named surrender of Southern
rights, who can shew a particle of consideration passing to
the South ? Where, in this ohe-sided compromise, is there
to be found the least reciprocity ? Yet we gave in to this
unreasonable and unjust requirement, and avowed a love for
this Union which would not suffer us to part with it, though
the North was seeking to make us pay in valuable and un¬
righteous concessions for every day of its existence.' This
compromise, by which we bought our peace for more than
a quarter of a century, we observed with punctilious honor,
and when in the course of events it came to the turn of this
portion of the Union to be benefitted by the operation of that
law, we find the Northern States unblushingly repudiating
their own contract, and when called upon to re-aflirm their
own long expressed ratification of this compromise, they re¬
fused to do so ; and as evincive of their deliberate purpose
to evade their plighted faith, they sought to organize a terri¬
tory embraced in the spirit of this compromise (by which
everything had been for years secured to them,) upon the
anti-slavery basis, in the unmitigated and obnoxious shape
of the Wilmot Proviso. The North now disavows the Mis¬
souri Compromise, because of the inevitable implication in¬
volved in that law, that if north of 36 30 slavery is prohi¬
bited, south of that line it may exist. Passing over the in¬
sincerity now so transparent, with which the anti-slavery
States opposed the 21st Rule of the House of Representa¬
tives, their specious attacks against that wholesome and
conservative check upon fanaticism, under the guise of a
zeal for the right of petition, we come to the more recent
legislation of Congress on the subject of slaveay. And now
can any Southern man, at all conversant with the history of
the abolition movement from its inception, longer doubt that
the first aim of that agitation was a total and final emanci¬
pation of our slave property. Why should we doubt it?—
Because of the bad faith involved? Was ever treachery
and selfishness so blended before in the public conduct of
any civilized States as is shown in the course the North has
pursued in regard to this compromise we have just spoken
of? Because of the daring violation of private rights or
Constitutional provisions and guarantees ? Can, the perfidy
of man go farther than several of the Northern States have
gone in their practical nullification of the laws securing to
the South the privilege of reclaiming her refugee slaves ; or
senate.
279
can any vandalism improve upon the savage proposition of
the last Congress to permit the slaves of the District of Co¬
lumbia to vote themselves the equals of their masters. This
brings our enemies in one step of the goal they have kept
their eyes steadily fixed upon for twenty years, and has
brought us, too, in one step of the last dishonor that can be
reserved for us. They have but to lay their hands on sla¬
very in the States, and we make one more submissive and
feeble remonstrance and the great work is finished.
In view therefore of the past history of this war upon the
peace, the rights, and the safety of the South—in view of its
present aspects, and in anticipation of its future progress,
we report to the Senate for its action the following Preamble
and Resolutions, accompanied by a Bill providing for the
call of a Convention of the sovereign people of this State :
Whereas, The people of the non-slaveholding States
have commenced, and are persisting in a system of encroach¬
ment upon the Constitution and the rights of a portion of the
people of this Confederacy; which is alike unjust and dan¬
gerous to the peace and perpetuity of our cherished Union,
Be it
1st. Resolved by the Senate and House of Representatives of
the State of Georgia, in General Assembly convened, That the
Covernment of the United States is one of limited powers,
and cannot rightfully exercise any authority not conferred
by the Constitution-.
2d. Resolved, That the Constitution grants no power to
Congress to prohibit the introduction of slavery into any ter^
ritory belonging to the United States.
3d. Resolved, That the. several States of the Union acce¬
ded to the Confederacy upon terms of perfect equality, and
that the rights, privileges, and immunities secured by the
Constitution, belong alike to the people of each State.
4th. Resolved, That any and all Territory acquired by the
United States, whether by discovery, purchase, or conquest,
belongs in common to the people of each State, and thither
the people of each State and every State have a common
right, to emigrate with any property they may possess, and
that any restriction upon this right, which will operate in fa¬
vor of the people of one section to the exclusion of those of
another, is unjust, oppressive, and unwarranted by the
Constitution.
5th. Resolved. That slaves are recognized by the Consti¬
tution as property, and that the Wilmot Proviso, whether
applied to any territory at any time heretofore, acquired, or
which may be hereafter acquired, is unconstitutional.
ttth. Resovled, That Congress has no power either direct¬
ly or indirectly, to interfere with the existence of slavery in
the District of Columbia.
280
JOURNAL OF THE
7,th. Resolved, That the refusal on the part of the non-
slaveholding States to deliver up fugitive slaves, who have
escaped to said States, upon proper demand being made
therefor, is a plain and palpable violation of the letter of the
Constitution, and an intolerable outrage upon Southern
rights.
8th. Resolved, That in the event of the passage of the
Wilmot Proviso by Congress, the abolition of Slavery in the
District of Columbia, the admission of California as a State,
in its present pretended organization, or the continued refu¬
sal of the non-slaveholding States to deliver up fugitive
slaves as provided in the Constitution,, it will become the im¬
mediate and imperative duty of the people of this State to
meet in Convention to take into consideration the mode and
measure of redress.
9th. Resolved, That the people of Georgia entertain an ar¬
dent feeling of devotion to the Union of these States, and that
nothing short of a persistence in the present system of en¬
croachment upon, our rights by the non-slaveholding States,
can induce us to contemplate the possibility of a disso¬
lution.
10th. Resolved, That his Excellency the Governor be re¬
quested to forward copies of these resolutions to each of our
Senators and Representatives in Congress, to the Legisla¬
tures of the several States, and to the President of the Uni¬
ted States.
A Bill to be entitled an act to authorize and require the Gover¬
nor of the State of Georgia to call a Convention of the people
of this State.
Whereas,, for a series of years there has been displayed
a. manifest disposition on the part of the ncn-slaveholding
States of the Union, to interfere with the Institution of Sla¬
very at the South, by such aggressive measures of intoler¬
ance as to render it no longer a question of doubt that the
Federal Legislature will soon adopt such restrictive mea¬
sures against the Institution of Slavery, as to trammel, fet¬
ter, and confine it within certain territorial limits, never con¬
templated by the original parties to the Constitutional com¬
pact : and whereas, Georgia in her sovereign capacity as
a State, has delegated no other power to the Federal Gov¬
ernment than those found in the Constitution of the United
States: and believing that her best interest and her honor
as a sovereign and independent Government requires that
she should meet all encroachments in a calm and manly spi¬
rit of resistance :
Sec. 1st. Be it therefore enacted by the Senate and House of
Representatives of the State of Georgia in General Assembly metf
That should the Congress of the United States pass any law
prohibiting slavery or involuntary servitude in any territory
senate.
281
of the United States, or any • law abolishing slavery in the
District of Columbia, or any law prohibiting the slave trade
between the States where slavery may exist, or admit into
the United States as a State of this Confederacy, the exten¬
sive and unpeopled Territory of California and New Mexico
with a Constitution prohibiting slavery or involuntary servi¬
tude ; or should the Governor of this State receive at any
time satisfactory evidence, that any slave or slaves having
escaped from this State to a non-slaveholding State, and that
such slave or slaves is or are refused to be given up to the
proper owner by the authorities of the State in which such
fugitive or fugitives may be found, then or in either of the
foregoing events, it shall be and it is hereby made the duty
of the Governor of this State, within sixty days thereafter,
to issue his proclamation ordering an election to be held in
each and every county, to a Convention of the people of this
State, to convene at the Seat of Government within twenty
days after said election.
Sec. 2d. And be it further enacted, That the counties now
entitled to two Representatives in the House of Representa¬
tives of the General Assembly of this State, shall each be
entitled and shall elect four delegates to said Convention,
and the counties which are entitled to une Representative,
shall each elect two delegates to said Convention.
Sec. 3d. And be it further enacted, That before entering
upon the duties of their office as delegates, the delegates
shall take the following oath, which shall be administered by
some Judicial officer of this State : I, do. solemnly
swear, in the presence of Almighty God, that I will to
the best of my ability demean myself as a delegate of the
people of this State, and act for the honor and interest of the
people of Georgia.
Sec. 4th. And be it further enacted, That said election for
delegates shall be conducted and held in the same manner as
elections for members of the Legislature are now held in
this State. And that all returns of elections shall be for- 1
warded to the Governor of this State, who shall upon appli¬
cation furnish each delegate elected with a certificate of
election.
Sec. 5th. And be it further enacted, That said Convention
shall elect all officers necessary to their organization.
The bill was read the first time. ^
Mr. Joseph E. Brown laid upon the table the following
preamble and resolutions:
Whereas the honorable Thomas Butler King has, as it is
reported, resigned his seat as the Representative of the First
Congressional District of the State of Georgia in the Con¬
gress of the United States ; and whereas from the public
prints, it appears that in California he has by public speech¬
es been urging the residents in that Territory to organize a
282
JOURNAL OF THE
Stale Government in said Territory, indirectly, if not di¬
rectly alleging that he represented the views and feelings of
the Cabinet at Washington; and whereas also it appears
that he is himself seeking a seat in the United States Senate
as a Representative from California, and under a Constitu¬
tion which excludes the South from an equal participation
of the privileges of a territory purchased in part by her
blood and treasure, be it therefore by the Senate and House
of Representatives of Georgia in General Assembly met,
Resolved, 1. That in the estimation of this General Assem¬
bly, it is derogatory to the character of any Southern man,
and especially of a Southern Representative in Congress to
advocate upon her own soil, the admission of California into
the Union as a Free State, and still more derogatory to such
an individual to accept a seat in the National Councils pur¬
chased by moral treason to that portion of the Union that
has hitherto fostered him and extended to him her confi¬
dence.
Resolved, 2. That the conduct of Mr. King in his reported
speeches in California, and in offering himself as a candi¬
date to represent her in the Senate of the Union, after she
had adopted a Constitution inhibiting Slavery, meets the
unqualified disapprobation of this General Assembly.
Resolved, 3. That his excellency the Governor be request¬
ed to communicate to this General Assembly copies of any
correspondence he may have had with Mr. King since his
departure from Georgia for California.
Mr. Joseph E. Brown moved to take up the resolutions;
on which motion the yeas and nays were required to be re¬
corded, and are yeas 21, nays 16.
Those who voted in the affirmative, are Messrs.
Bailey,
Byrd,
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
Cochran,
Dunham, Purse,
Micajah Johnston, John W. G. Smith,
William Jones,
McBee,
Mosely,
Murphy,
Napier,
Ira E. Smith,
Spullock,
Stell,
Turner.
Woods.
Those who voted in the negative, are Messrs.
Elias Beall,
Blackshear,
James E. Brown,
Clayton,
Eberhart,
F errell,
Gonder,
Grubbs,
Hines,
Thomas Johnston,
McRae,
Andrew J. Miller,
James A. Miller,
Quarterman,
Sanford,
James R. Smith,
So the motion prevailed.
senate.
283
The resolutions having been read, on motion of Mr. Jos.
E. Brown, fifty copies of the same were orderecl to be print¬
ed for the use of the Senate, and the resolutions made the
special order of the day for Monday, 21st day of January,
1850.
Mr. Stell, from the Committee on Enrolment, reported as
duly enrolled and ready for the signature of the President,
an act for the relief of certain citizens of this State from any
and all liabilities, pains and penalties they may now be sub¬
jected to by law.
Mr. J. W. G. Smith made the following report:
The Committee on Journals having examined the Journal
kept by the Recording Clerks, do report the same as neatly
and correctly kept, and recommend the passage of the fol¬
lowing resolution:
Resolved, That the Recording Clerks be allowed eight
days during the recess to bring up the Record. The report
was taken up, read and agreed to.
On motion,
The Senate adjourned until nine o'clock to-morrow
morning.
THURSDAY, December 20, 1849.
The Senate met pursuant to adjournment.
On motion of Mr. Clark, the Senate took up as the report
of the Committee of the whole, the bill of the House of Repre¬
sentatives to repeal an act to consolidate the offices of Tax
Collector and Receiver of Tax Returns in the counties of Ra¬
bun, Camden, Irwin, Floyd, Scriven, Paulding, Wayne, Mur¬
ray, Cherokee, Glynn, Telfair, Laurens, assentedto 25th De¬
cember, 1837, so far as respects the county of Laurens.—
Also, to repeal an act consolidating the offices of Tax Col¬
lector and Receiver of Tax Returns for certain counties in
this State, assented to on the 9th December 1839, so far as
relates to the county of Marion. The report was agreed to,
the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to provide
for the Education of the Poor, so far as the counties of Rabun
and Union are concerned. The report was agreed to,the
bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives "to appoint
the Justices of the Inferior Court of Laurens, Commissioners
of the town of Dublin, in said county, and to authorize said
Commissioners to sell and'dispose of a portion of lot 232 in
284
JOURNAL OF THE
the 1st District of originally Wilkinson, now Laurens county,
known as the Commons of said town of Dublin. The re¬
port was agreed to, the bill was read the third time and
passed.
The following message was received from the House of
Representatives by Mr. Harrison their Clerk :
Mr. President—The House of Representatives have con¬
curred in the resolution of Senate, authorizing the payment
to John B. Dorminy of the Poor School Fund for the year
1848, apportioned to Irwin county.
They have passed the bill of Senate to change the name of
Malinda Jane Reaves, a female infant of Troup county, to
Malinda Jane Yarbrough, and for other purposes therein
named.
They have passed the bill of Senate to authorize aliens to
receive, purchase hold, and convey mortgages and devise
real estate, with amendments.
Also, the bill of Senate to incorporate the Augusta Ma¬
chine Works.
Also, the bill to extend the time for the completion of the
Ocmulgee and Flint Rail Road and Canal Company.
Also, the bill to repeal an act entitled an act to alter and
amend the several acts regulating roads so far as respects
the operation of said acts in the counties of Bryan, Liberty,
Mcintosh, Glynn and Wayne, approved December the 8th,
1806, and to provide for the filling of vacancies in the Board
of Commissioners authorized by the original act of 1803.
Also, the bill for the relief of Robert Stephens, Benjamin
Stephens, Jacob Summers, Barney West and Benjamin
Highfield, securities for the appearance of Benjamin Ste¬
phens before the Superior Court of the county of Dade.
Also, a bill to authorize certain deeds to be read in evi¬
dence and make legal the registry of the same.
Also, the bill to designate and appropriate certain hands
to do road duty on the north prong of the Floyd Road
leading from Springfield to the point where it intersects the
main post road leading to St Marys' in the county of Cam¬
den.
Also, the bill to extend the provisions of an act passed on
the 31st day of December, 1838, entitled an act to admit
certain deeds to be proven and recorded.
Also, the bill to change the name of the Memphis Branch
Rail Road Company of Georgia.
Also the bill to incorporate the Madison Female College
to be located in the town of Madison, Georgia.
They have agreed to the amendments of Senate to the
bill to incorporate the North Eastern Plank or Rail Road
Company, and to punish persons violating the same.
SENATE.
285
They have also agreed to the amendment of Senate to
the bill to add an additional number of Trustees to the At-
tapulgus Academy, in Decatur county.
They have concurred in the resolution of Senate author-
thorizing the Governor to furnish the Mayor and Aldermen
of the city of Savannah with a set of the different digests,
pamphlets, &c.
They have concurred in the resolution appointing a Com¬
mittee to wait upon his excellency the Governor and inform
him that both Branches of the General Assembly have de¬
termined to take a recess, &c.
Have added as a Committee on their part, Messrs. Phil¬
lips, Jenkins, Bell, Harris and Wiggins.
They have agreed to a resolution requesting the Gover¬
nor to furnish the General Assembly with a statement of
the aggregate value of the lands in this State, likewise of
the negro slaves, stock in trade, &c, to which they desire
concurrence.
They have passed the bill of Senate to repeal an act pass¬
ed on the 25th day of December, 1837, consolidating the of¬
fices of Receiver of Returns and Tax Collector in the coun¬
ties of Rabun, Camden, Irwin, Floyd, Scriven, Paulding,
Wayne, Murray, Cherokee, Glynn and Laurens, so far as
relates to the county of Irwin.
Also, the bill of Senate to amend the several acts in rela¬
tion to issuing grants on head rights in this State so far as to
extend the time for granting the same until the 25th De¬
cember, 1851, with an amendment, to which they request
the agreement of the Senate.
On motion of Mr. A. J. Miller, the Senate took up the fol¬
lowing preamble and resolutions of the House of Represent¬
atives :
Whereas, the present state of the controversy between
the non-slaveholding and the slave-holding States, involving
the disorganized condition of the. National Legislature, (one
of its legitimate fruits,) forcibly admonishing the slave-
holding States to look well to their highest interest, and
whereas it is important that the General Assembly on con
vening after the recess, be informed upon reliable authority,
of the then existing state of things at the Capitol,
Resolved, That we the Representatives of the people of
Georgia, long divided into parties upon Federal politics,
solemnly declare that on this vital question, we know no
party distinctions among ourselves, and we recognize all
men, North and South, who will mete out full, and equal
justice to the South, and them only as political friends and
allies.
Resolved, That his excellency the Governor be requested
to institute during the recess, a correspondence with each of
our Senators and Representatives in Congress, inviting from
286
JOURNAL OF THE
each of them a communication of such facts relative to said
controversy coming to his knowledge at the Seat of Govern¬
ment as may aid our deliberations, that the same may be
laid before the General Assembly when it shall again con¬
vene.
Mr. Joseph E» Brown moved to postpone the resolution
indefinitely.
On which motion, the yeas and nays were required to be
recorded, and are yeas 20, nays 20.
Those who voted in the affirmative, are Messrs.
Bailey, William Jones,
Joseph E. Brown, John Jones,
Bryan, McBee,
Chisolm, Mosely,
Clark, Napier,
Cochran, Purse,
Micajah Johnston, Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
Those who voted in the negative, are Messrs.
Anderson,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Clayton,
Eberhart,
Ferrell,
Gonder,
Grubbs,
Hines,
Love,
McRae,
Andrew J. Miller,
James A. Miller,
Quarterman,
Thomas Johnston, Sanford.
Long,
The President voting in the affirmative, the motion pre¬
vailed.
The following message was received from his excellency
the Governor by Mr. Patton his Secretary:
Mr. President—His excellency the Governor has approv¬
ed and signed the following acts, to-wit:
An act to enable the Savannah and Ogechee Canal Com¬
pany to extend the Savannah and Ogechee Canal to the Al-
tamaha River, and for other purposes therein rramed.
An act for the relief of William H. Graham and Hardin
Perkins, of the county of Lumpkin from their liability as se¬
curities on the Tax Collector's bond.
An act to extend and define the corporate limits of the
town of Madison in Morgan county, and to prescribe the
manner of levying taxes upon such property as may be em¬
braced in said extension.
An act to change the name of Elizabeth Kelly to that of
Amanda Elizabeth Cooper, and to give Thomas W. Cooper
and his wife Frances J. S. Cooper the legal claim to said
child as parents.
SENATE.
287
An act to incorporate St. Thomas Lodge, number forty-
nine of Free and Accepted Masons, of Thomas county.
An act to authorize John Dillon of the county of Chatham
to erect a toll bridge over the Great Ogechee River on his
own land near Fort Argyle.
An act to incorporate the Savannah Gas Light Company
and the Augusta Gas Light Company.
An act to incorporate the Washington Fire Company of
the City of Savannah, Georgia.
An act to incorporate the Trustees of the Permanent -
Fund of the Hebrew Congregation at Savannah.
An act to be entitled an act to reduce the official bond of
the Sheriff of Cherokee county and Murray county.
An act to amend the several acts in relation to the City of
Augusta, and to amend the act to incorporate the Augusta
Canal Company.
An act for the relief of William P. Beale and Davis B.
Hadley and other persons therein named.
An act to quiet and confirm the title of Peter Paullet, a
naturalized citizen, to a lot of land in the City of Augusta,
conveyed to him before his naturalization.*
An act to amend the road laws and open a new road in
Camden county and for other purposes.
An act to incorporate the Savannah Institute of the Sisters
of Mercy.
An act to authorize the Justices of the Peace elected for
the first, second, third and fourth districts, G. M., composing
the City of Savannah, to reside and hold their respective of¬
fices and courts at any place within the corporate limits of
said city.
An act to consolidate the offices of Receiver of Tax Re¬
turns and Tax Collector in the county of Cherokee and to
make provision for paying Grand and Petit Jurors in said
county.
An act to incorporate San Marino Lodge, No. 34, Greenes-
borough, Georgia.
An act entitled an act to reduce the official Sheriff's bond,
in the- county of Dade.
An act to regulate Justices Courts, in Chatham county.
An act to incorporate the Second Baptist Church of Sa¬
vannah, county of Chatham, and appoint Deacons and
Trustees.
An act for the relief of certain citizens of this State from
any and all disabilities, pains and penalties to which they
may now be subjected by law.
Also, an act to amend the several acts in relation to the
Georgia Rail Road and Banking Company.
The Governor has also assented to and signed the follow¬
ing resolution, to-wit:
A resolution in regard to the National Monument.
288
journal of the
A resolution authorizing the payment to John B. Dormi-
ny of the Poor Schjol Fund for the year 1848, apportioned
to Irwin county.
On motion of Mr. Woods, the Secretary was directed to
carry all bills passed this day by the Senate, forthwith to the
House of Representatives.
On motion,
The Senate took a recess until 11 o'clock, A. M.
Eleven o'clock, A. M.
The Senate met.
On motion of Mr. A. J. Miller, the Senate took up the
amendment of the House of Representatives to the bill of
the Senate "to amend the several acts in relation to issuing
grants on head rights in this State, so far as to extend the
time for granting the same until the twenty-fifth of Decem¬
ber, 1851."
On motion, the i Senate disagreed to the amendment.
On motion of 1vir, A. J. Miller, the Senate took up and
Concurred in the amendment of the House of Representa¬
tives to the bill of the Senate "to authorize aliens to receive,
purchase, hold and convey, mortgage and devise real estate."
Mr. Stell from the Committee on Enrolment, reported as
duly enrolled and signed by the Speaker of the House of
Representatives and ready for the signature of the President
o.f the Senate, an act to appropriate money for the support of
Government for the political years eighteen hundred and
and fifty-one.
Mr. Woods laid upon the table the following resolution:
Resolved, That Congress under the Constitution has no
right to interfere with the institution of slavery in the States,
and that the South has again and again reiterated this opin¬
ion, and that we know our rights and will maintain them.
Mr. Stell from the Committee on Enrolment, reported as
duly enrolled and signed by the Speaker of the House of
Representatives and ready for the signature of the President
of the Senate, an act to alter and amend an act to incorpo¬
rate the Southern Mutual Insurance Company, approved
the 29th day of December, 1847.
Also, an act for the relief Jonathan C. Pearson and
Wright Noles.
Also, an act to change the line between the counties of
Gwinnett and Jackson so as to add the residence of Dilmus
L. Jarrett of the county of Gwinnett to the county of Jack¬
son.
Also, an act to add a part of the county of Twiggs to the
SENATE.
of Bibb, and a part of the county of Bibb to the county
of Jones, and a part of the county of Jones to the county
of Bibb.
Also, an act to pardon Sampson Baziell, a convict in the
Penitentiary of this State.
Also, an act to add an additional number of Trustees t6
the Attapulgus Academy in Decatur county.
Also, an act to authorize William A. Carr and Peter A.
Summey to open the North Oconee River from the Factory
Dam at Athens to Chandler's Bridge in Jackson county, and
to vest in them, their heirs and assigns, the exclusive right
of navigating said River between said two points on the
same for the term of fifteen years, and to fix the maximum
rates of transporting lumber, wood and produce thereon.
Also, an act to authorize the issuing of a certain grant
therein specified.
Also, an act to add a part of the county of Muscogee to the
county of Marion, and for other purposes.
Also, an act to repeal an act consolidating the offices of
Tax Collector and Receiver of Tax Returns in the counties
of Rabun, Camden, Irwin, Floyd, Scriven, Paulding, Wayne,
Murray, Cherokee, Glynn, Telfair and Laurens, assented
to 25th December, 1837, so far as relates to the county of
Laurens. Also, to repeal an act consolidating the offices ef
Tax Collector and Receiver of Tax Returns for certain
counties in this State, assented to on the 9th December,
1839, so far as relates to the county of Marion.
Also, an act to incorporate the Forsyth Female Collegiate
Institute, and to appoint trustees for the same.
Also, an act for the relief of William H. Monroe.
Also, an act to amend an act approved December 19th,
1829, entitled an act to incorporate the St. Marys' Library
Society.
Also, an act to incorporate the Andrew Academy and
appoint Trustees for the same.
Also, an act to compensate Petitit Jurors of Laurens
county.
Also, an act to incorporate the Sweetwater Manufacturing
Company of the county of Campbell, and to incorporate the
Augusta Quoit Club.
Also, an act to incorporate the North Eastern Plank Road
Company of Georgia, and to punish persons for violating the
same.
Also, an act to compensate Grand and Petit Jurors of
Muscogee county, and to authorize the Justices of the Infe¬
rior Court of said county to levy and collect a Tax for such
purpose, and for other purposes herein contained.
Also, an act to appoint the Justices of the Inferior Court of
the county of Laurens, Commissioners of the town of Dubliri
n said county, and to authorize said Commissiioners to sell
19
290
journal of the
and dispose of a portion of lot No. 232 in the 1st district of
originally Wilkinson, now Laurens county, known as the
Commons of said town.
Also, an act to repeal so much of an act assented to 19th
December 1340, as relates to the consolidation of the offices
of Tax Collector and Receiver of Tax Returns of the county
of Montgomery.
Mr. Stell from the Committee on Enrolment, reported as
duly enrolled and ready for the signature of the President of
the Senate, an'-act to extend the time for the completion of
the Ocmulgee and Flint Rail Road and Canal Company.
Also, an act to incorporate the Augusta Machine Works.
Also, an act to authorize aliens to receive, purchase, hold
and convey, mortgage or devise real estate.
Also, an act to repeal an act passed on the 25th of Decem¬
ber, 1837, consolidating the offices of Receiver of Re¬
turns and Tax Collector in the counties of Rabun, Camden,
Irwin, Floyd, Scriven, Paulding, Wayne, Murray, Cherokee,
Glynn, Telfair and Laurens, so far as relates to the county
of Irwin. *
On motion of Mr. Spullock, fifty copies of the documents
accompanying the report of the Chief Engineer of the West¬
ern and Atlantic Rail Road, in relation to the claim of John
D. Gray & Co., were ordered to be printed for the use of
the Senate.
Mr. John Jones from the Joint Committee appointed to
wait on the Governor and inform him ^hat the two Houses
had resolved to take a recess from the 20th in|t. to the 14th
January next, report, that the Committee have performed
that duty, and received in reply that his excellency had noth¬
ing to communicate to the General Assembly at this time.
Leave of absence was granted to Messrs. Bryan, Grubbs
and J. W. G. Smith, for a few days after the 14th of Janu¬
ary next.
On motion,
The Senate took a recess until the fourteenth day of Jan¬
uary next, agreeably to the joint resolution of the General
Assembly.
MONDAY, Jan. 14th, 1850.
The Senate met pursuant to adjournment.
Leave of absence was granted for a few days to Messrs.
John Jones, Micajah Johnston and Dunham.
Mr. A. J. Miller laid on the table the following resolution,
which was taken up, read and agreed to, to wit:
ResolvedThat a Committee be appointed on the part of
senate.
291
the Senate to join guch Committee as may be appointed by
the House, to wait on his excellency the Governor and in¬
form him that both branches of the General Assembly have
convened pursuant to their adjournment, and are prepared
to receive any communication he may deem it his duty to
make to them.
Whereupon the President appointed Messrs. A- J. Miller,
Ghisolm and Turner that Committee.
Mr. A. J. Miller laid on the table the following resolu¬
tion :
Resolved by the Senate and House of Representatives in
General Assembly met, That both branches of the General
Assembly will adjourn on Friday the eighth day of February
next, sine die.
Mr. Chisolm reported a bill to alter and change the times
holding the Superior and Inferior Courts of Paulding county,
which was read the first time.
Mr. Clark laid on the following resolution, which was
taken up, to wit:
Resolved by the Senate and House of Representatives in
Gemeral Assembly met, That after Friday next, the ISth in¬
stant, .no Bills shall be introduced or entertained containing
any new matter for legislation, into either branch of the
Legislature.
Mr. Love moved to amend the resolution by adding as
follows : "unless by consent of two-thirds thereof," which
was agreed to.
On motion of Mr. Murphy, the resolution as amended was
laid on the table for the present.
Mr. Stell reported a bill to be entitled an act to incorpo-r
rate Pythagoras Chapter No. 10, and Meridian Sun Lodge
26, of Pike county, Georgia, which was read the first time.
Mr. J. R. Smith reported a bill to be entitled an act to
consolidate the Fourteenth and Fifteenth Regiments G. M.,
of the county of Hancock, which was read the first time.
Also, a bill to be entitled an act to remove the election
precinct in the 96th district, G. M., in the county of Wash¬
ington, which was read the first time.
o '
On motion,
The Senate adjourned until three o'clock P. M.
Three o'clock, P.IM.
The Senate met pursuant to adjournment.
' Mr. Love reported a bill to render Sheriffs' Deeds ad¬
missible in Suits as Prima Facia Evidence, without the pro¬
duction of the execution under which the sale was made, or
292
JOURNAL OF THE
of the judgment upon which the execution issued, which
was read the first time.
Also, a bill in relation to Sciri Facias brought on bail
bonds in civil and criminal cases ; and also, to revive dor¬
mant judgments, which was read the first lime.
Also, a bill to fix the Election Precinct in the 763d district
of Thomas county, which was read the first time.
The following bills were taken up, read the second time
and referred to the Committee of the whole House :
A bill to amend the act incorporating the Bank of Bruns¬
wick.
A bill to give to purchasers of Fractions and Islands in
the eighth, nineteenth and twentieth districts of originally
Muscogee county, and that part of the fifth district of origi¬
nally Troup county, below West Point, the exclusive right
to use the Water privileges of the Chattahoochee river, op¬
posite their respective Fractions and Islands, and to pro¬
hibit persons from using said privileges on the western side
of said river.
A bill to regulate Vendue Masters in the City of Darien.
A bill to authorize the Administrators of the estates of
Hardy Ivy and Alston H. Green, late of DeKalb county,
deceased, to sell certain lots belonging to said estates in the
City of Atlanta.
A bill to incorporate Sisters' Church of the county of
Washington, and to appoint trustees for the same.
The bill of the House of Representative, to alter and
amend the second and third sections of an act passed on the
29th December, 3838, entitled an act further to regulate the
granting of Retail License, and retail of spirituous liquors,
was taken up, read the second time and on motion, referred
to the Committee of the whole.
The Senate took up as the report of the Committee of the
whole, the bill incorporating the Southern Education Society.
Mr. J. R. Smith moved to amend by striking out the pre¬
amble, which was agreed to. The report as amended was
agreed to, the bill was read the third time and passed.
The Senate took up the engrossed bill to incorporate the
Floating Dry Dock Company of Savannah, which was read
the third time and passed.
The following message was received from the House of
Representatives, by Mr._ Harrison, their Clerk:
Mr. President—The House of Representatives have
agreed to a resolution appointing a Committee to unite with
such Committee as may be appointed by the Senate, to wait
on his excellency the Governor and inform him that both
branches of the General Assembly have met pursuant to the
resolution declaring the late recess, and to ask whether he
has any communication to make to either branch of the
SENATE.
293
Legislature, and have appointed as a Committee on their
part, Messrs. Harris, Lawton and Griffin, to which they de¬
sire the concurrence of the Senate.
The Senate took up as the report of the Committee of the
whole, the bill to alter and fix the times for holding the In¬
ferior Courts of Baker county, and on the first section being
read as follows:
Be it enacted by the Senate and House of Representatives of
the State of Georgia in General Assembly met, and it is hereby
enacted by authority of the same, That from and after the first
day of February next, the Inferior Courts of the county of
Baker shall commence its regular terms on the third Mon¬
days in July and January of each year, instead of the fourth
Mondays in said months as prescribed by law.
Mr. Clark moved to amend by striking out the first day of
February next, and inserting in lieu thereof, "the passage
of this act," which was agreed to. The report as amended
was agreed to, the bill was read the third time and passed
under the title thereof.
The Senate took up as the report ol the Committee of the
whole, the bill to prevent officers of Banks from voting for
Directors by proxy. 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 re¬
corded, and are yeas 9, nays 19.
Those who voted in the affirmative, are Messrs. 1
Chisolm, Long, Rawis,
Clark, Mosely, Turner,
Ferrell, Purse,. Woods.
Those who voted in the negative, are Messrs.
Bailey, -Clayton, James A. Miller,
Augustus Beall, Eberhart, Murphy,
Elias Beall, Hines, Sanford,
Byrd, Thomas Johnston, James R. Smith.
Blackshear, McBee, Ira E. Smith,
Joseph E. Brown, Andrew J. Miller, Stell.
Bryan,
So the bill was lost.
The Senate took up as the report of the Committee of the
whole, the bill to amend an act entitled an act to incorporate
the town of Cumming in the county of Forsyth, approved
27th December, 1845, so far as to repeal the fourth section
thereof, and all other parts of said act authorizing the assess¬
ment of a general tax on the citizens of said town. The
report was agreed to, the bill was read the third time and
passed.
294
JOURNAL OF THE
Mr. Murphy laid on the table the following resolution, to
wit:
Resolved, That the hours of meeting of the Senate after
Tuesday the 15th instant, shall be 9 o'clock A. M., ank 3
and 7 o'clock P. M., unless otherwise ordered at the ad¬
journment thereof.
Mr. A.J. Miller, from the Committee appointed to wait
on his excellency the Governor, and inform him that both
branches of the General Assembly had convened pursuant
to their adjournment, and are prepared to receive any com¬
munication he may deem it his duty to make to them, re¬
ports, that they have discharged their duty, and that his ex¬
cellency the Governor has no special communication to lay
before the General Assembly.
Mr. Stell from the Committee on Enrolment, reported as
duly enrolled and signed by the Speaker of the House of
Representatives and ready for the signature of the President
of the Senate an act to change the names* and legitimatize
the persons therein named, and for other purposes.
On motion of Mr. Sanford, the Senate took up as the re¬
port of the Committee of the whole, the bill of the House of
Representatives, to incorporate Madison Collegiate Institute.
The report was agreed to, the bill was read the third time
and passed.
Mr. Ferrell reported a bill to be entitled an act to amend
an act passed December 29th, 1838, to define and affix the
punishment of a crime or misdemeanor committed by a slave,
by the counsel, persuasion or procurement, or other means
of free white persons, which was read "the first time.
The following message was received from the House of
Representatives by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
this day passed a bill to alter and fix the times of holding
the Superior Courts in certain counties in the Cherokee cir¬
cuit, which I am directed to bring forthwith to the Senate.
On motion of Mr. Chisolm the bill of the House of Repre¬
sentatives to alter and fix the times of holding the Superior
Courts in certain counties in the Cherokee circuit, was taken
up and read the first time.
Mr. Long moved that the Senate do now adjourn, on
which motion the yeas and nays were required to be record¬
ed, and are—yeas 13, nays 17.
Those who voted in the affirmative, are Messrs.
Bailey, Love, Rawls,
Chisolm, McBee, Ira E. Smith,
Eberhart, - McRae, ' Stell,
Ferrell, Purse, Woods.
Long,
SENATE.
295
Those who voted in the negative, are Messrs.
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
Joseph E. Brown,
Bryan,
s Beall, Clark,
Thomas Johnston,
Andrew J. Miller,
James A. Miller.
Clayton,
Hines,
James R. Smith,
Turner.
Mosely,
Murphy,
Sanford,
So the-motion was lost.
On motion of Mr. J. R. Smith the Senate took up the fol¬
lowing bills of the House of Representatives for a third
reading:
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to regulate
the admission of deeds in evidence in certain cases therein
mentioned. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House for the relief of Henry D. Moore,
The report was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to add pertain lots of land and
parts of lots in the counties of Macon and Crawford
to the county of Talbot. The report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to alter,
amend and explain the first section of an act passed for the
relief of co-securities, assented to the 22d December, 1840,
which on motion was referred to the Judiciary Committee.
Mr. McRae laid on the table the following resolution :
Rnsolved by the Senate and House of Representatives of the
State of Georgia in General Assembly met, That our Senators
and Representatives in Congress be requested to have es¬
tablished by law, a weekly mail route from Dublin in Lau¬
rens county, to Jacksonville in Telfair county.
On motion the resolution was taken up.
Mr. J. R. Smith moved to amend by adding : "And a
daily mail route from the Thirteenth Station, Central Rail
Road to Sandersville in Washington county," which was
agreed to.
Mr. Love moved further to amend by adding: "And
also, a weekly direct mail route from Thomasville, Thomas
county, Ga., to Monticello in Jefferson county, in the State of
Florida," which was agreed to. The resolution as Amended
was agreed to.
On motion,
The Senate adjourned until to-morrow morning, ten
o'clock.
JOURNAL OP THE
TUESDAY, JANUARY 15, 1850.
The Senate met pursuant to adjournment.
On motion of Mr. Stell, the Senate took up the following
resolution, to wit:
Resolved, by the Senate and House of Representatives in
General Assembly met, That after Friday next, the 18th in¬
stant, no bills shall be introduced or entertained, containing
any new matter for legislation, into either branch of the
Legislature, unless by consent of two-thirds thereof.
Mr. J. R. Smith moved to amend by striking out " 18th
instant," and inserting "22d instant," which was lost.
Mr. Purse moved to amend, by striking out " Friday, the
18th instant," and ipserting " Saturday, the 19th instant,"
which was agreed to.
The resolution as amended, was agreed to, and on motion
of Mr. Clark, the Secretary was directed to carry the same
forthwith to the House of Representatives.
On motion of Mr. A. J.Miller, the Senate took up the fol¬
lowing resolution :
Resolved by the Senate and House of Representatives, in Gen¬
eral Assembly met, That both branches of the General Assem¬
bly will adjourn on Friday, the eighth day of February next,
sine die.
Mr. Purse moved to lay the resolution on the table for the
present; on which motion the yeas and nays were required
jto be recorded, and are yeas 20, nays 14.
Those who voted in the affirmative, are Messrs.
Bailey, William Jones, Purse,
Augustus Reall, John Jones, Rawls,
Byrd, Love, James R. Smith,
Blackshear, McBee, Stell,
James E. Brown, McRae, Turner,
Chisolm, Mosely, Woods.
Ferrell, Murphy,
Those who voted in the negative, are Messrs.
Anderson, Clayton, Andrew J. Miller,
Elias Beall, Eberhart, . James A. Miller,
Joseph E. Brown, Gonder, Ira E. Smith,
Bryan, Hines, Spullock.
Clark, Thomas Johnston,
So the motion prevailed.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have passed
SENATE.
297
a bill to extend the provisions of the act of 1799, in relatiou
to notices to produce papers, books, writings, &c., so as to
embrace causes in equity, &c.
And a bill to extend the jurisdiction of Justices of the
Peace in this State so as to authorize them to try actions
sounding in damages where the verdict does not amount to
more than thirty dollars, and for other purposes therein
named.
On motion of Mr. Murphy the Senate took up the follow¬
ing resolution:
" Resolved, That the hours of meeting of the Senate after
Tuesday the 15th instant, shall be 9 o'clock, A. M., and 3
and 7 o'cloek, P. M., unless otherwise ordered at the ad¬
journment thereof. , ,
Mr. Love moved to strike out "7 o'clock, P. M.,"on which
motion the yeas and nays were required to be recorded, and
are yeas 24, nays 9.
Those who voted in the affirmative, fire Messrs.
Anderson, Clark, McBee,
Bailey, Eberhart, McRae,
Augustus Beall, Ferrell, James A. Miller,
Byrd, Gonder, Mosely,
Blackshear, Hines, Purse,
James E. Brown, William Jones, James R. Smith,
Joseph E. Brown, John Jones, Spullock,
Chisolm, Love, Turner.
Those who voted in the negative, are Messrs.
Elias Beall, Thomas Johnson, Rawls,
Bryan, Andrew J. Miller, Stell,
Clayton, Murphy, Woods.
So the motion prevailed.
The resolution as amended •vXras agreed to.
Mr. Ferrell reported a bill to change and fix the time of
holding the Superior Courts in the counties of Cobb, Camp¬
bell, Carroll, Heard and Troup, of the Coweta Circuit, and
for other purposes therein named, which was read the first
time.
Mr. Clark reported a bill to add the present residence of
Stephen Hurst, Sen., of Irwin county to the county of Baker,
which was read the first time.
Mr. Woods reported a bill to more effectually provide for
the maintenance and protection of widows and orphans,
which was read the first time.
Mr. Purse reported a bill to amend and declare the inten¬
tion of an act entitled an act to alter and amend the several
Judiciary acts now in force in this State §o far as relates i9 Jua-
298
JOURNAL OF THE
tices Courts, approved December 14, 1811, which was read
the first time.
Also, a bill so far as relates to the collecting of fines by
the Prevost Marshal of the 1st Regiment Georgia Militia,
which was read the first time.
The following message was received from his excellency
the Governor by Mr. Patton his Secretary:
Mr. President—His excellency the Governor has approv¬
ed and signed the following-acts, to-wit:
An act to authorize aliens to receive, purchase, hold and
convey, mortgage and devise real estate.
An act to extend the time for the completion of the Oc-
fnulgee and Flint Rail Road and Canal Company.
An act to repeal an act passed on the twenty-fifth day of
December, eighteen hundred and thirty-seven, consolidating
the offices of Receiver of Returns and Tax Collector in the
counties pf Rabun, Camden, Irwin, Floyd, Scriven, Paulding,
Wayne, Murray, Cherokee, Glynn, Telfair and Laurens, so
far as relates to the county of Irwin.
Also, an act to incorporate the Augusta Machine Works.
Which I am instructed to return to this branch of the
General Assembly.
Mr. Stell from the Committee on Enrolment reports as
duly enrolled and signed by the Speaker of the House of
Representatives and ready for the signature of the President
of the Senate, an act to amend an act entitled an act to in¬
corporate the town of Lumpkin in Stewart county, assented
to December 26th, 1831.
The Senate took up as the report of the Committee of the
whole, a bill to repeal, alter and amend so much of an act
entitled an act to appoint County Treasurers and define
their duties, approved 24th December, 1825, so far as re¬
lates to the appointment of County Treasurers by Justices
of the Inferior Court in the several counties, and to provide
for the election of County Treasurers by the people of the
respective counties of this State and for other purposes there¬
in specified. t
Mr. Turner'moved to lay the report on the table for the
balance of the session, upon which motion the yeas and
nays were required to be recorded and are yeas 5, nays 25.
Those who voted in the affirmative, are Messrs.
Anderson, Hines, Turner.
Blackshear, Andrew J. Miller,
Those who voted in the negative, are Messrs.
Bailey, James E. Brown, Clark,
Augustus Beall, Joseph E. Brown, Clayton,
Byrd, Bryan, Eberhart,
SENATE. 299
Ferrell, Love, Murphy,
Gonder, McBee, Purse,
Thomas Johnston, McRae, Rawls,
William Jones, James A. Miller, Stell,
John Jones, Mosely, Woods.
Long,
So the motion was lost.
Mr. Clayton moved to amend by adding the following as
an additional section :
Mr. Clayton moved to amend by adding the following aS*
an additional section:
11 And be it further enacted, That the counties of Clark,
Laurens, Washington, Hancock, Habersham, Wilkes, Ef¬
fingham, Bulloch, Tattnall, Richmond, Wilkinson, Scriven,
Telfair and Irwin, be and the same are hereby exempted
from the operation of this act," which was agreed to.
On the fourth section being read as follows, to-wit:
" And be it further e?iacted by tlve authority aforesaid, That
the County Treasurer shall keep an office within one mile
from the Court House, and that the books belonging to said
office shall at all times be open to public inspection, and
render to the Inferior Court on the first Monday in January
in every year, a full and fair schedule of his actings and
doings."
Mr. Long moved to amend by striking out the words " that
the County Treasurer shall keep an office within one mile
from the Court House, and," which was agreed to.
Mr. Long moved to amend further by adding the follow¬
ing as an additional section, to-wit
" Be it further enacted, That said County Treasurer so
elected shall be Treasurar of the Poor School Fund and give
bond in double the amount of said Fund, with two or more
good securities ; said bond to be given and made payable as
is now prescribed by law for the bond of the Treasurer of
the Poor School Fund," which was agreed to. The report
as amended was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill to amend the act incorporating the Bank of
Brunswick. The report was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of
the whole, the bill to regulate Vendue Masters in the City of
Darien. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize the administrators of the estates
of Hardy Ivy and Alston H. Green,, late of DeKalb county,
deceased, to sell certain lots belonging to said estates, in the
800
journal op the
City of Atlanta. The report was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate Sisters' Church of the county
of Washington, and to appoint Trustees for the same. The
report was agreed to, the bill was read the third time and
passed.
On motion of Mr. A. J. Miller, the order was suspended
and the Senate took up House bills for a third reading.
The Senate1 took up as the report of the Committee of the
whole, the bill of the House to authorize the citizens of Mc¬
intosh county to elect Commissioners of Pilotage for the
Port of Darien, and regulate the fees of the same in said
county.
Mr. Long moved to amend by adding the following as an
additional section:
Be it further enacted, That no person not a resident citizen
shall be elected or appointed as a Pilot by said Commission¬
ers, which was agreed to.'
Mr. Long moved further to amend by striking out the
"Word "January" in the 1st section and inserting " March,"
which was agreed to. The report as amended was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to perfect service of Scire Facias
on absent defendants by publication for the purpose of re¬
viving dormant judgments.
Mr. Love offered the following as a substitute for the re¬
port 1
" An act in relation to Scire Facias brought on bail bonds
m civil and criminal cases, and also to revive dormant judg¬
ments."
Be it enacted by the General Assembly of Georgia, That all
suits by Scire Facias on bail bonds, in either civil or crimi¬
nal cases, shall be begun in the county in which the bond is
or should be of file and in the Court of that county to which
said bond belongs, and in all cases of Scire Facias brought
to revive a dormant judgment it shall be issued from and be
returnable to the Court in which the record of said judgment
so sought to be revived remains.
Sec. 2. And be it further enacted, That Scire Facias issued
as above contemplated may be served by any competent
officer on the party sought to be charged wherever he may
be found within the limits of this State, personally with a
copy of the Scire Facias, or by leaving it at his most noto¬
rious place of residence, seventeen days before the session of
the Court to which the writ is returnable, or in case of non-
residence, by publication by the Sheriff or other officer in
some public gazette of thi3 State, once a month for four
months.
senate.
301
Sec. 3. And be it jurther enacted, That Scire Facias issued
for any of the purposes contemplated by this act shall be
tried at the first term of the Court, unless the purposes of
justice shall require a continuance of the case, in which
event a continuance may be granted as is now done at com¬
mon law under the rules of Court. The substitute was re¬
ceived, and the report as amended was agreed to, he bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to make residence in the Ju¬
dicial District a necessary qualification of the States' Attor¬
ney and Solicitors General of this State. The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, "to add lot
number one in the third district of Baker county to Ran¬
dolph county." The report was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to author¬
ize James J. Logan to build and keep up a mill dam across
Notly River in the county of Union.
Mr. Woods moved to amend by adding the following pro¬
viso, to-wit:
" Provided that said mill-dam does not back water upon
the land of any other person to the injury thereof," which
was agreed to. The report as amended was agreed to, the
bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to change and fix the time of
holding the Superior Courts in the Eastern District so far as
relates to the counties of Bulloch and Effingham. The re¬
port was disagreed to, and the bill was lost.
The Senate took up as the report of the Committee of the
whole, the bill of the House to repeal an act entitled "an
act to incorporate the Campbellton Bridge Company and to
authorize them to build a Bridge across the Chattahoochee
River. The report was disagreed to, and the bill was
lost.
The Senate took up as the report 6f the Committee of
the whole, the bill of the House of Representatives "to
grant certain privileges to the Burke Guards, a Volunteer
Infantry Corps in the county of Burke.
Mr. A. J. Miller moved to amend by adding the following
as an additional section, to-wit:
" jf id be it further enacted, That the officers and other
memoirs of the .Second Division of the Independent Fire
Company of Augusta, not exceeding forty in number, shall
be and they are hereby exempted from ordinary militia duty
and jury duty in all the Courts of Richmond county and the
302
journal of the
city of Augusta," which was agreed to. The report as
amended was agreed to, the bill was read the third time
and passed.
On motion,
The Senate adjourned until three o'clock, P. M.
Three o'clock, P. M.
The Senate xmet pursuant to adjournment.
The following bills were taken up and read a second time
and referred to a Committee of the whole, to-wit:
A bill to amend an act passed Dec. 29th, 1338, to define
and fix the punishment of a crime or misdemeanor commit¬
ted by a slave, by the counsel, persuasion or procurement or
other means of free white persons.
A bill to remove the Election Precinct in the 96th District,
G. M., in the county of Washington.
A bill to fix the Election Precinct in the 763d District of
Thomas county.
A bill to be entitled an act to incorporate Pythagoras
Chapter, No. 10, and Meridian Sun Lodge, No. 26, of Pike
county, Georgia.
A bill to render Sheriff's Deeds admissible in suits as
prima facia evidence, without the production of the execu¬
tion under which the sale was made, or of the judgment up¬
on which the execution issued.
A bill to consolidate the fourteenth and fifteenth Regi¬
ments G. M., of the county of Hancock.
A bill to alter and change the times of holding the Supe¬
rior and Inferior Courts of Paulding county.
Mr. Leonard reported a bill to compensate Physicians and
Surgeons who shall be summoned by the Sheriff or Coroner
of the county, to make a post mortem examination for the in¬
formation of Juries of Inquest, which was read the first time.
Mr. A. J. Miller reported a bill to amend the act passed
at the last session of the General Assembly in relation to the
liability of Rail Road Companies for injury to, or destruc¬
tion of live stock and other property by the running of cars
or locomotives on their roads, and for other purposes there¬
in contained, which was read the first time.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives " to allow
the Sheriff of Chatham county certain fees which are not pro¬
vided for by law, and to allow him to appoint special Dep¬
uty Sheriffs in certain cases." The report was agreed to,
the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
SENATE.
303
whole, the bill of the House of Representatives, "to alter
and define certain portions of the boundary lines between
the counties of Taliaferro and Warren and the counties of
Taliaferro and Hancock, and for other purposes therein spe¬
cified. The report was agreed to, the bill was read the third
time and passed.
The Senkte took up as the report of the Committee of the
whole, the bill of the House of Representatives to incorpo¬
rate Hamilton Lodge No. 16, of Harris county, which on
motion, was referred to a Select Committee consisting of
Messrs. Stell, Anderson and Woods.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives " to protect
the people of this State from vexatious prosecutions in cases
where Grand Juries have refused or may hereafter refuse to
find true bills," which on motion was referred to the Com¬
mittee on the Judiciary.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to alter and
amend the eleventh and thirteenth sections of the sixth divi¬
sion of the Penal Code," which on motion was referred to
the Committee on the Judiciary.
The Senate took up as the report of the Committee of the
whole, the bill of the House to incorporate the Marshalville
Academy and appoint Trustees for the same. The report
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to revive and amend an act,
assented to, Nov. 25th, 1825, entitled "an act to make per¬
manent the site of the public buildings in the county of Pike,
and to name and incorporate the same." The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House ol Representatives, to prevent
the killing of Deer at certain periods in the county of Rich¬
mond. The report was agreed to, the bill was read the
third time, and on the question " shall this bill now pass ?"
the yeas and nays were required to be recorded, and are—
yeas 24, nays 13.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, McRae,
Bailey, " Ferrell, Andrew J. Miller,
Augustus Beall, Gonder, James A. Miller,
Elias Beall, Hines, Mosely,
Byrd, Thomas Johnston, James R. Smith.
Blackshear, Leonard, Ira E. Smith,
James E. Brown, Long, Spulloek,
Clayton, Love, Woods.
304
JOURNAL OF THE
Rawls,
John W. G. Smith,
Stell,
Turner.
Those who voted in the negative, are Messrs.
Joseph E. Brown, McBee,
Bryan, Murphy,
Chisolm, Purse,
Clark, Quarterman,
William Jones,
So the bill was passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to amend
the first section of an act entitled an act to amend an act
assented to on the 23d of December, 1830, incorporating
with other academies the Female Academy of Talbotton,
and to appoint additional Trustees for the same. The report
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to reduce
the Sheriffs' bond of the county of Telfair.
Mr. Quarterman moved to amend by adding, "and county
of Liberty," which was agreed to. The report as amended
was agreed to, the bill was read the third time and passed.
Mr. Stell, from the Committee on Enrolment, reported as
duly enrolled and ready for the signature of the President
of the Seriate, an act to repeal an act entitled an act to alter
and amend the several acts regulating Roads so far as re¬
spects the operation of said acts in the countes of Bryan,
Liberty, Mcintosh, Glynn and Wayne, approved December
8th, 1806, and to provide for the filling of vacancies in the
Board of Commissioners, authorized by the original act of
1803.
Also, an act to extend the provisions of an act passed on
the 3Lst December, 1838, entitled an act to admit certain
deeds to be proven and recorded.
Also, an act to authorize Deeds to be read in evidence
and make legal the registry of the same.
Also, an act to designate and appropriate certain hands
to do road duty on the north prong of the Floyd Road, lead¬
ing from Springfield to the point where it intersects the main
Post Road leading to St. Mary's in the county of Camden.
The Senate took up as the report of the Committee of the
whole, the bill of the House to amend an act to provide for
the Education of the Poor, assented to the 27 th of December,
1843, so far as relates to the county of Warren ; and also,
to regulate the distribution of the Poor School Fund when
returns are not made.
Mr. A. J. Miller moved to amend by adding the following
as an additional section, to wit:
And be it further enacted, That in case of failure to make-
return of the number of poor children to the Governor, no
SENATE.
305
county shall be deprived of its portion of the Poor School Fund,
under the distribution of 1850, or any subsequent year;
but the Governor shall allow to such county, such sum upon
the. apportionment as it shall be entitled to, taking the last
return made from such county of the number of poor chil¬
dren, in lieu of one that should be made, which was agreed
to. The report as amended was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to compen¬
sate the Petit Jurors of the county of Hancock, and to au¬
thorize the Justices of the Inferior Court to levy an extra
tax for that purpose.
On motion of Mr. Gonder the report was laid upon the
table for the balance of the session.
The Senate took up as the report of the Committee of the
whole, the bill of the House to give to the Justices of the
Peace of the nine hundred and thirtieth district, , G. M.,
the right to hold their Courts two days, and to legalize their
judicial acts. The report was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to alter and change the line be¬
tween the counties of Appling and Telfair, so as to include
the residence of William Asbell in the county of Telfair ;
and also, the line between the counties of Ware and Telfair,
so as to include the residence of David and James Gaskings
in the county of Telfair. The report was agreed to, the bil}
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to compensate Petit Jurors in
the county of Washington, and provide for and regulate
the manner of paying the same. The report was agreed to,
the bill was read the third time and lost.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to empower
Nancy Weston, the wife of James Weston of the county of
Cass, to exercise all the rights of a Feme Sole.
Mr. A. J. Miller moved to amend by adding the follow¬
ing to the first section, to wit:
"So far as to transact business on her own account with¬
out her future acquisitions being liable for the debts, or being
under the control of her husband," which was agreed to.
Mr. A. J. Miller moved to amend further by adding the
following as additional sections, to wit:
And be it further enacted, That any Feme Covert may
hereafter carry on trade in her own name and for her own
benefit, without her goods or the profits of such business be¬
ing in any way or manner liable for the debts of her hus-
20
306
JOURNAL OF THE
band, and without his being liable for any debts she may
contract in said business."
And be it further enacted, That in all cases where it shall
be necessary for such Feme Covert to sue or to be sued on
any contract made with her, the name of her husband shall
be joined for conformity, and a judgment against her shall
bind her property only."
And be it further enacted, That no Feme Covert shall be
allowed the benefit of the two preceding sections of this act,
until she has caused a written notice of her intention to tran¬
sact business as aforesaid, witnessed by a Justice of the
Peace of the district in which she resides, to be recorded in
the Clerk's office of the Superior Court of the county of her
residence.
Mr. Bailey moved to lay the report and amendments upon
the table for the present, which was agreed to.
On motion of Mr. Chisolm, the bill of the House of Rep¬
resentatives, to alter and fix the times of holding the Supe¬
rior Courts in certain counties in the Cherokee circuit, was
taken up and read a second time and referred to the Com¬
mittee of the whole.
The President laid before the Senate the report of Judge
Lumpkin on the defects of the Laws of Georgia, which on
mqtion, was referred to the Judiciary Committee.
On motion,
The Senate adjourned until to-morrow morning ten
o'clock.
WEDNESDAY, JANUARY 16, 1850.
The Senate met pursuant to adjournment.
On motion of Mr. John Jones, the Senate reconsidered
so much of the Journal of yesterday as relates to the rejec¬
tion of the bill of the House of Representatives, "to repeal
an act to incorporate the Campbellton Bridge Company and
to authorize them to build a bridge across the Chattahoochee
River," approved December 29th, 1847.
Mr. Long moved to reconsider so much of the Journal of
yesterday as relates to the rejection of the bill of the House
of Representatives " to compensate Petit Jurors in the coun¬
ty of Washington and to provide for and regulate the man¬
ner of paying the same," on which motion .the yeas and
nays were required to be recorded, and are yeas 14, nays 21.
Those who voted in the affirmative, are Messrs.
Bailey, Bryan, Clark,
Joseph E. Brown, Chisolm, Ferrell,
SENATE
307
John Jones, Murphy, John W. G. Smith,
Long, Purse, Ira E. Smith.
Mosely, Rawls,
Those who voted in the negative, are Messrs.
Anderson, Gonder, Andrew J. Miller,
Augustus Beall, Hines, James A. Miller,
Byrd, Thomas Johnston, Quarterman,
Blackshear, Leonard, James R. Smith,
James E. Brown, Love, Spullock,
Clayton, McBee, Stell,
Eberhart, McRae, Turner.
So the motion was lost.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
passed a bill to prohibit encroachments upon the sovereign
rights of the State of Georgia by foreign banking institutions
and their agents, within the limits of this State, and for other
purposes therein specified.
The President laid before the Senate certain resolutions
adopted unanimously by the members of the Legislature of
South Carolina, at an adjourned meeting held on the 10th
day of December, 1849, approving the recommendation of
the State of Mississippi, of a Southern Convention to be
held at Nashville, Tennessee, on the first Monday in June
next. Which on motion of Mr. Stell, were taken up, and on
motion of Mr. Clark referred to the Committee on the State
of the Republic.
Mr. Woods reported a bill to authorize and require the
Justices of the Peace of their respective districts in the
counties of Lumpkin and Union, to examine and pass upon
the qualification of the teachers of the poor schools, which
was read the first time.
Mr. Leonard reported a bill to alter and change the name
of Mathew Richardson Brown to that of " Mathew Downer,"
and to make him fiis legal heir, which was read the first
time.
Mr. Chisolm reported a bill to incorporate Euharly Lodge,
number ninety-seven,. of Paulding county, Georgia, which
was read the first time.
Mr. A. J. Miller reported a bill to authorize a grant to is¬
sue to George Connelly as administrator of the estate of An¬
thony Connelly, deceased, which was read the first time.
Also, a bill to authorize certain actions at law, which
was read the first time,
Mr. Clark reported a bill to regulate taking testim ony for
the Courts of this State, and to confer certain powers on the
308
JOURNAL OF THE
Judges of the Superior Courts when in Convention to revise
the Rules of Practice in relation to this subject, which was
read the first time.
Mr. Love reported a bill to authorize Notaries Public to
attest all instruments in writing and to administer oaths, &c.,
which was read the first time.
Mr. Woods, reported a bill to change the manner of elect¬
ing Justices of the Peace and Constables of this State, which
was read the first time.
Mr. John W. G. Smith, reported a bill to make it the du¬
ty of superintehdants or managers of elections in this State
to cause the ballots of the voters to be numbered, which was
read the first time.
Mr. McRae reported a bill*to establish a Justices' Court
at Holmesville in Appling county, to define the limits of the
district and provide for the election of two Justices of the
Peace and a Constable, as officers of said Court, which was
read the first time.
On motion of Mr. A. J. Miller, the Senate took up as the re¬
port of the Committee of the whole, the bill of the House of
Representatives "to authorize Nancy Weston, the wife of
James Weston of the county of Cass to exercise all the rights
of a feme sole."
Mr. Love moved to amend the first section of the amend¬
ment heretofore offered by Mr. A. J. Miller, by inserting af¬
ter the word "covert," the words, "whose husband is or
may become insolvent, or who may be in indigent circum¬
stances," and after the word "trade," "and business, ex¬
cept in the purchase and sale of lands and negroes," which
was agreed to.
Mr. Stell moved to amend the amendment further by
striking out in the first section the words " and without his
being liable for any debts she may contract in said busi¬
ness," and in the second section the words "and a judgment
against her shall bind her property only."
Mr. Bailey moved to refer the bill and amendments to the
Committee on the Judiciary, which was agreed to.
Mr. Clark laid on the table the following resolution:
Resolved, That his excellency the Governor be requested
to communicate to the Senate all the information he has in
regard to a meeting of the citizens of Macon at their Council
Chamber, on Thursday evening 10th inst., at which meet¬
ing his honor George M. Logan presided as Chairman and
E. J. Stow acted as Secretary, and all the information he
has as to the truth of the statements and charges, either ex¬
pressly made or implied in the report and resolutions sub¬
mitted by a Committee appointed by said meeting, consisting
of T. L. Ross, Robert Collins, R. K. Hines, S. T. Chapmart,
Sam'l. J Ray, R. S. Lanier and D. S. Gregory, Esq'rs., and
adopted by the meeting touching the management of the
SENATE.
309
Western and Atlantic Rail Road, which on motion, was ta¬
ken up, read and agreed to.
Mr. J. R. Smith laid 011 the table the following resolution:
Resolved by the Senate and House of Representatives of the
State of Georgia in General Assembly met, That Isaac G. Mitch¬
ell, Leroy T.A'IcClutcheon, Frederic Blakei WillianvShiv-
ers and Benjamin A. White, members of the Protestant
Methodist Chutch of the State of Georgia, be and they are
hereby empowered to erect a Church to be known as the
Milledgeville Protestant Methodist Church, upon any conve¬
nient site on the south side of the State House square, said
site to be selected by themselves or agents, which they are
hereby empowered to hold and control upon the same terms
and under the same restrictions as are extended to other reli¬
gious denominations having churches in Milledgeville, which
on motion, was taken up, read and agreed to.
Mr. Stell from the Committee on Enrolment, reported as
duly enrolled and ready for the signature of the President
of the Senate, an act to change the name of the Memphis
Branch Rail Road Company of Georgia.
Also, an act for the relief of Robert Stephens, Benjamin
Stephens, Jacob Sammons, Barney West and Benjamin
Highfield, securities for the appearance of Benjamin Ste-
thens before the Superior Court of the county of Dade.
On motion of Mr. Clark, the order was suspended, the Se¬
nate took up bills of the House for a third reading, and the
Senate took up as the report of the Committee of the whole,
the bill of the House of Representatives "to authorize James
Gowdy of Lumpkin county to erect and keep up his bridge
across the Chestatee River in said county on his own land
and to charge toll." The report was agreed to, the bill was
read the third time and passed.
The Senate- took, up as the report of the Committee of the
whole, the bill of the House of Representatives " to amend
an act entitled an act to incorporate the Augusta and
Waynesboro' Rail Road, passed 31st December 1838, and
the acts amendatory thereof."
»Mr. A. J. Miller moved to amend by adding the following
as additional sections, to-wit:
" And be it Jurther enacted, That the said Company shall
be and they are hereby authorized to contract with the City
Council of Augusta and the Trustees of the Academy of
Richmond county for a site for a depot in the City of Au¬
gusta and the right of way to it, upon such terms and stip¬
ulations as may be agreed on."
" And be it further enacted, That the rates of freight and
passage money shall be the same ascending as descending
the road of said Company," which was agreed to. The re¬
port as amended was agreed to, the bill was read the third
time and passed.
310
journal of the
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives "to author¬
ize Frederic A. Williams to erect a Ferry or Bridge across
the Chattahoochee River on his own land." The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the reporfof the Committee of the
whole, the bill of the House of Representatives " to reduce
the number of the Trustees of the Henry county Academy."
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives "lor the re¬
lief of Ellen B. Kennedy," which on motion was referred to
the Committee on the Judiciary.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives "to author¬
ize the Justices oPthe Inferior Court of Cherokee county to
pay the jail fees of insolvents out of the county funds." The
report was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, the bill ol the House of Representatives "to organize
a Volunteer Company of mounted Infantry in the county of
Habersham to be attached to the 44th Regiment, Georgia
Militia." The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives " to repeal all
laws and parts of laws incorporating the town of Clarksville in
Habersham county." The report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of
the whole, the bill of the House of Representatives "to com¬
pensate the Petit Jurors of the county of Jasper, and to au¬
thorize the Justices of the Inferior Court to levy an extra tax
for that purpose." The report was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of
the whole, the bill of the House of Representatives " amen¬
datory of all acts heretofore passed allowing fish traps to be
constructed in the Great Ohoopee River and the Little
Ohoopee River, and to remove all obstructions to the free
passage of fish."
Mr.' J. R._ Smith moved to amend by adding the following
as additional sections, to wit:
"Sec. 3. And be it further enacted, That the provisions of
the above recited sections shall extend to the waters of Wil¬
liamson Swamp, from its mouth to Long's Mill on the north
prong and Brantley's Mill on the south prong of said creek."
" Sec. 4. And be it further enacted, That upon complaint
SENATE.
311
made by any citizen or citizens of either of the counties
through which said water courses pass, of the existence of
any fish trap or traps or other device for the prevention of the
free passage of fish, made to the Justices of the Inferior
Court, or any three of them during term time or vacation,
it shall be their duty to direct the Sheriff of said county, to
have the same removed forthwith, and the expense of such
removal shall be defrayed by the party violating the provi¬
sions of this act," which was agreed to.
Mr. John Jones moved to amend the amendment by adding
the following proviso:
Provided, that nothing herein contained shall be con¬
strued to prevent "hook and line fishing, sein fishing or gig
fishing," which was agreed to. The report as amended was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole,.the bill of the House of Representatives " to alter and
fix the times of holding the Superior Courts in certain
counties in the Cherokee Circuit."
Mr. Chisolm moved to amend by striking out so much of
the bill as relates to the times of holding the Superior Courts
in the counties of Floyd and Paulding, and insert in lieu
thereof, " for the county of Floyd 011 the third Mondays in
January and July, and for the county of Paulding on the first
Mondays fin May and November," which was agreed to.
Mr. A. J. Miller moved to amend by adding the following
as additional sections, to-wit:
" And be it further enacted, That the' Superior Court of
the county of Columbia shall hereafter be held on the third
Monday in March and September in each year, and the Infe¬
rior Court of said county on the first Monday in February
and July of each year."
" And be it further enacted, That the Inferior Court of the
county of Richmond shall hereafter be held on the Thursday
after the first Monday in March and September in each
year," which was agreed to.
Mr. Joseph E. Brown moved to lay the report as amend¬
ed on the table for the present, which motion was lost.—
The report as amended was agreed to, the bill was read
the third time, and on the question " shall this bill now pass ?"
the yeas and nays were required to be recorded, and are
yeas 29, nays 2.
Those who voted in the affirmative, are Messrs.
Anderson, > Bryan, Grubbs,
Bailey, Chisolm, Hines,
Elias Beall, / Clark, John Jones,
Byrd, Clayton, Leonard,
Blackshear, Eberhart, Long,
James E. Brown,1 Ferrell, Love,
312
JOURNAL OF THE
John W. G. Smith,
Spullock,
Turner.
McRae, Murphy,
Andrew J. Miller, Purse,
James A. Miller, Quarterman,
Mosely, Rawls,
Those who voted in the negative, are Messrs.
Joseph E. Brown, Stell.
So the bill was passed.
Mr. Chisolm moved that the rule be suspended and the
Secretary be directed to return the bill forthwith to the
House of Representatives, which was lost.
On motion of Mr. Leonard the bill of the House of Re¬
presentatives to prohibit encroachments upon the sovereign
rights of the State of Georgia by foreign banking institutions
and their agents within the limits of this State, and for other
purposes therein specified, was taken up and read the first
time.
On motion of Mr. Murphy, the following resolution from
the House of Representatives was taken up, read and agreed
to:
Resolved by the Senate and House of Representatives in
General Assembly- met, That his excellency the Governor be
and he is hereby required to furnish the General Assembly
at as early7 a day as practicable, with a statement of the ag¬
gregate value of the lands of this State, likewise of the ne¬
gro slaves, the amount of stock in trade, .the probable
amount of money at interest, including stocks, bonds, notes,
&c., and what rate per centum of said aggregate will supply
the probable wants of the government for the years 1850
and 1S51.
Mr. J. A. Miller reported a bill to authorize the Justices of
the Inferior Court of the county of Crawford to levy an ex¬
traordinary taxe for county purposes, and to fund the debts
due by said county and to issue scrip thereon, which was
read the first time.
On motion,
The Senate adjourned until nine o'clock to-morrow
morning.
THURSDAY, JAN. 17, 1850.
The Senate met pursuant to adjournment.
On motion of Mr. Byrd the Senate reconsidered so much
of the journal of yesterday as relates to the passage of the
bill of the House of Representatives, to authorize James
Gowdy of Lumpkin county to erect and keep up his bridge
SENATE.
313
across the Chestatee river in said county, on his own land
and to charge toll.
On motion of Mr. Jos. E. Brown the Senate reconsidered
so much of the journal of yesterday as relates to the passage
of the bill of the House of Representatives, to alter and fix
the times of holding the Superior Courts in certain counties
in the Cherokee circuit. *
On motion of Mr. Chisolm the Seriate took up the bill as
the report of the Committee of the whole, whereupon Mr.
Jos. E Brown moved to amend by striking out all after the
word " Murray" and before the words " in each year," and
inserting in lieu thereof the words, " shall be held on the
fourth Monday in March and September," which was agreed
to. The report as amended was agreed to, the bill was
read the third time and passed.
Mr. Stell laid upon the table the following resolution, to
wit:
Resolved, That his excellency the Governor be requested
to inform the Senate whether a Writ of Mandamus has been
sanctioned and served upon him as Governor of the State,
at the instance of John H. Low of Henry county, to show
cause why a Commission should not issue to him as Clerk
of the Court of Ordinary for said county ; also, to give the
reasons why the said Low was not Commissioned, and to
inform the Senate if any decision has been made, either by
the Superior or Supreme \Court of this State touching said
case, or any other, seeking to control the action of the Ex¬
ecutive in. issuing Commissions by the Writ of Mandamus.
His excellency is furthermore respectfully requested to in¬
form the Senate what course he feels it his duty to pursue
in the event the Judiciary claims jurisdiction of the ques¬
tion, and seeks to control the action of the Executive in the
exercise of the Commissioning power in him vested, or per¬
forming any other Official act required of him by the Con¬
stitution and Laws of the State, which on motion, was taken
up, read and agreed to.
Mr. Purse reported a bill to be entitled an act to incorpo¬
rate the Baqk River Wharf and Canal Company, and for
other purposes therein mentioned, which was read the first
time.
Mr. Edmondson reported a bill to be entitled an act to in¬
corporate the Cherokee Insurance and Banking Company,
which was read the first time.
Also, a bill to be entitled an act to authorize A. K. Black-
well of Murray county, to establish a toll bridge across the
Conasauga river on his own land, and to fix the rates of toll
on the same, which was read the first time.
Mr. Anderson reported a bill to be entitled an act to in¬
corporate Hiram Lodge fifty-one of Free and Accepted
314
JOURNAL OF THE
Masons, in the town of Danburg in Wilkes county, which
was read the first time.
Mr. Murphy reported a bill to be entitled an act for the
relief of John T. Humphries of the county of DeKalb, which
was read the first time.
On motion of Mr. A. J. Miller, Mr. Love was appointed
instead of Mr. Sanford on the Committee on the bill in rela¬
tion to the alteration of Senatorial districts in this State.
Mr. Stell laid on the table the petition of the heirs of Rich¬
ard Dixon, with other papers thereto attached, which on
motion was taken up and referred, without being read, to
the .Committee on Finance.
Mr. Joseph E. Brown laid upon the table the following
resolution :
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 authorized and re¬
quested to furnish to the Clerk of the Superior Court of the
county of Cherokee, as early as convenient, thirty copies of
Hotchkiss' Codification of the Laws of Georgia, and twenty
copies of Cobb's Analysis and Iforms, for the use of the Jus¬
tices of the Peace of said county, to be furnished and sent at
the expense of the State.
Mr. Byrd laid on the table the following resolutions:
Whereas, the present mail arrangement of a horse mail
twice a week from Marietta in the county of Cobb, via Ros-
well and Cumming, to Dahlonega in the county of Lumpkin,
is wholly insufficient for the wants of that section of the
State ; and whereas, the interest of that portion of the State
imperiously demand a change in said mail arrangement by
establishing a tri-weekly line of Hacks between Marietta
and Dahlonega as aforesaid. Therefore,
Resolved, That our Senators and Representatives in Con¬
gress be requested to obtain from the Postmaster General,
the establishment of a mail arrangement between Marietta
in the county of Cobb, via Roswell and Cumming to Dah¬
lonega in the county of Lumpkin, consisting of a tri-weekly
line of Hacks; and as the interest of that part of the State of
Georgia require such an arrangement, we recommend the
establishment of the same by the Postmaster General.
Resolved further, That a copy of these resolutions be trans¬
mitted by his excellency the Governor to our Senators and
Representatives in Congress.
On motion the rule was suspended and the same were
taken up and read.
Mr. Joseph E. Brown moved to amend by striking out
the words " Roswell and Cumming," and inserting in lieu
thereof the word "Canton," which was agreed to. The
resolutions as amended were then adopted.
Mr. Stell from the Committee on Enrolment, reported as
SENATE. 315
1
duly enrolled and signed by the Speaker of the House of
Representatives and ready for the signature of the President
of the Senate an act to incorporate Madison Collegiate
Institute.
• Also, an act to regulate the admission of deeds in evidence
in certain cases therein mentioned.
Also, an act for the relief of Henry D. Moore.
Also, an act to add certain lots of land and parts of lots
in the counties of Macon and Crawford to the county
of Talbot.
Also, an act to add lot number one in the third district of
Baker county to Randolph county.
Also, an act to amend the first section of an act to amend
an act assented to on the 23d of December, 1830, incor¬
porating with other academies the Female Academy of
Talbotton, and to appoint additional Trustees for the same.
Also, an act to prevent the killing of Deer at certain pe¬
riods in the county of Richmond.
Also, an act to allow the SherifFof Chatham county certain
fees which are not provided for by law, and to allow him to
appoint special Deputy Sheriffs in certain cases.
Also, an act to incorporate the MarshalvilleAcademy and
appoint Trustees for the same.
Also, an act to revive and amend an act, assented to, Nov.
25th, 1825, entitled an act to make permanent the site of the
public buildings in the county of Pike, and to name and ih-
corporate the same.
Also, an act to alter and define certain portions of the
boundary lines between the counties of Taliaferro and War¬
ren and the counties of Taliaferro and Hancock, and for
other purposes therein specified.
Also, an act to alter and change the lines between the
counties of Appling and Telfair, so as to include the resi¬
dence of William Asbell in the county of Telfair ; and also,
the line between the counties of Ware and Telfair, so as to
include the residence of David and James Gaskings in the
county of Telfair.
Also, an act to make residence in the Judicial District
a necessary qualification of the States' Attorney and Solici¬
tors General.
Mr. Byrd from the Committee on the Military made the fol¬
lowing report, to wit:
The Military Committee, to whom was referred certain
bills, beg leave to report as follows :
A bill to be entitled an act to incorporate the Georgia
Constitutional Guards, a Cavalry Company, and others, and
to grant certain privileges, which they offer as a substitute
for " a bill to be entitled1 an act to incorporate the Georgia
Constitutional Guards, a Cavalry Company of Troup coun¬
ty." A bill to be entitled an act to incorporate the Sumter
316
JOURNAL OF THE
Cavalry in the county of Sumter. The Volunteer Corps of
Dragoons in the county of Houston, and to grant certain
privileges to the same. A bill to be entitled an act to in¬
corporate the Marion Blues of the county of Marion. And
a bill to be entitled an act to grant certain privileges to the
Scriven Troup.
The Committee would also report without amendment
and recommend to the favorable consideration of the Senate,
a bill relating to the Jefferson Riflemen of the county of Jef¬
ferson, and one relative to the Houston County Cavalry.—
All of which is respectfully submitted.
The Senate took up as the report of the Committee of the
whole, the bill to alter and amend the first and repeal the
fourth section of an act entitled an act to grant certain privi¬
leges and immunities to the Jefferson Riflemen, a Volunteer
Infantry Corps in the county of Jefferson. The report was
agreed to, the bill was read the third time and on the ques¬
tion w shall this bill now pass ?" the yeas and nays were re¬
quired to be recorded, and are—yeas 25, nays 17.
Those who voted
Anderson,
Augustus Beall,
Elias. Beall,
James E. Brown,
Joseph .E. Brown,
Clayton,
Edmondson,
Gonder,
Grubbs,
Those who voted
Bailey,'
Byrd,
Blackshear,
Bryan,
Chisolm,
Clark,
in the affirmative, are Messrs.
Micajah Johnston,
Thomas Johnston,
John Jones,
Leonard,
Long,
Love,
McBee,
McRae,
Andrew J. Miller,
James A. Miller,
Murphy,
Purse,
Rawls,
James R. Smith,
Spullock,
Woods.
in the negative, are Messrs.
Eberhart,
F errell,
Hines,
William Jones,
Mosely,
Napier,
Quarterman,
John W. G. Smith,
Ira E. Smith,
Stell,
Turner.
So the bill was passed.
The Senate took up as the report of the Committee of the
whole the bill of the House of Representatives to repeal so
much of an act to grant certain privileges and immunities to
the Hancock Guards, a Volunteer Company in the county
of Hancock; and to the Harris County Cavalry, a Volun¬
teer Company in the county of Harris, as relates to the
Harris County Cavalry. The report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to incorporate
I
senate,
317
the Volunteer Corps of Dragoons in the county of Houston,
and to grant certain priviliges to the same.
Mr. J. R. Smith offered the following as a substitute, to
wit:
A bill to be entitled an act to incorporate the Georgia
Constitutional Guards, a Cavalry Company of the county of
Troup ; the Sumter Cavalry of the county of Sumter ; the
"Volunteer Corps of Dragoons of the county of Houston, and
the Marion Blues, an Infantry Company of the county of
Marion; the Scriven Troop, a Volunteer Cavalryl Company
of the county of Scriven, and to grant certain priviliges and
exemptions to the same.
Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Georgia in General Assembly met, and it
A, hereby enacted by the authority of the same, That from and
after the passage of this act, the Georgia Constitutional
Guards, a Cavalry Company of the county of Troup; the
Sumter Cavalry of the county of Sumter; the Volunteer
Corps of Dragoons of the county of Houston, and the Marion
Blues, an Infantry Company of the county of Marion ;
their officers and members now existing, or which may
hereafter exist as officers and members of each respectively,
are hereby made and declared to be bodies corporate and
politic under their name and style above expressed, and in
their corporate capacities shall have power to sue and be
sued, plead and be impleaded, and to make all By-Laws
and Regulations for their own government that they may
deem necessary, provided they be not repugnant to the
Constitution, or contrary to the Laws of this State. And by
their commanding officers they are hereby authorized to
constitute and hold Courts of Enquiry, to enforce said by¬
laws and regulations, and punish delinquents, provided said
Courts of Enquiry shall always be governed by the rules
and regulations ol other Courts of Enquiry of this State.
Sec. 2. And be it further enacted, That the members of
. said several corps be and they are hereby exempt from
Road, Patrol and Militia duty in their respective counties,
other than that required of them as members of said compa¬
nies ; and after ten years service as members of said corps,
~ they are hereby declared exempt from all Road, Patrol and
Militia duty forever, except in case of insurrection, invasion
or rebellion.
Sec. 3. And be it further enacted, That before the res¬
pective corps above mentioned shall be entitled to the bene¬
fits of the provisions of this act, it shall be the duly of their
several commanding officers to furnish to the Clerk of the
Inferior and Superior Courts of their respective counties, a
list of all the members of their several companies, with the
certificate of their membership, which certificate shall be
held sufficient to entitle the individuals thus -designated to
318
joU&NAli OF THE
all the immunities and privileges of the several sections of
this act; and the Captains of the several companies shall
also return to the Clerks of the Superior and Inferior Courts
the name of any member who may have been expelled, or
who may have withdrawn from his respective company,
within one month after such withdrawal or expulsion ; and
the member thus withdrawn or expelled, unless he shall
have served ten years in his Company, shall forfeit all claims
to the immunities and privileges of this act.
Sec. 4. And be it further enacted, That his excellency
the Governor be and he is hereby authorized, upon a requi¬
sition made, and the necessary security being given by its
officers, to furnish the Houston Corps of Dragoons with such
arms as they may require for their proper equipment.
Sec. 5. Atidbe it further enacted, That the Scriven Troop,
a Volunteer Cavalry Corps of the county of Scriven, be and
it is hereby declared to be entitled to all the privileges and
immunities of the first three sections of this act, and subject
to the regulations and requirements therein contained.
Mr. Ferrell moved to amend the substitute by striking out
"exemption from road duty'" on which motion the yeas and
nays were required to be recorded and are yeas 25, nays 12.
Those who voted in the affirmative, are Messrs.
Anderson, Micajah Johnston, Napier,
Byrd, Thomas Johnston, Rawls,
James E. Brown, William Jones, John W. G. Smith,
Joseph E. Brown, Leonard, Ira E. Smith,
Clayton, Love, Spullock.
Eberhart, McBee, Stell,
Ferrell, Mosely, Turner,
Gonder, Murphy, r Woods.
Hines,
Those who voted in the negative, are*Messrs.
Augustus Beall, Clark, McRae,
Elias Beall, Grubbs, James A. Miller,
Bryan, John Jones, Quarterman,
Chisolm, Long, James R. Smith,
So the motion prevailed.
Mr. John Jones moved to amend by striking out the words
" Patrol duty, after ten years service," which was agreed to.
The substitute was received, the report as amended was
agreed to, the bill.was read the third time and passed.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have agreed
to the amendments of Senate to the bill of the House to re-
SENATE.
319
duce the Sheriff's bonds of the counties of Telfair and Lib¬
erty.
Also, the amendment of Senate to the bill of the House to
authorize the citizens of Mcintosh county to elect Commis¬
sioners of Pilotage for the Port of Darien, in said county.
Also, to the amendment to the bill to authorize James J.
Logan to build and keep up a mill dam across Notly River
in the county of Union.
Also, to the amendments to the bill to grant certain privi¬
leges to the Burke Guards, a Volunteer Company of Infan¬
try in Burke county, and to the second Division of the Fire
Company of Augusta, and
Also, to the amendments to the bill to amend an act to
provide for the education of the poor, assented to the 27th
of December, 1843, so far as relates to the county of \Var-
ren, &c.; and they have also agreed to a resolution request¬
ing our Senators and Representatives in Congress to use
their influence to have the mail service increased on route
No. , from Athens, Ga., to Carnesville, to twice a week,
and to curtail the service on route No. , from Athens, via
Springs, &c., to Pendleton, South Carolina, from three
times a week to twice a week, to which they desire the con¬
currence of the Senate.
And they have passed a bill to alter and amend the several
acts incorporating the City of Macon, assented to December
27th, 1843.
Mr. J. W, G. Smith moved to take up the bill to alter and
amend an act to lay off and divide the State into eight Con-,
gressional Districts and to point out the mode of electing
members to Congress in each District and to provide against
illegal voting, assented to December 23d, 1843. On which
motion the yeas and nays were required to be recorded, and
are yeas 22, nays 20.
Those who voted in the affirmative, are Messrs.
Bailey, John Jones, Rawls,
Joseph E. Brown, Long, John W. G. Smith,
Bryan, ' McBee, Ira E. Smith,
Chisolm, Mosely, Spullock,
Clark, Murphy, Stell,
Edmondson, Napier, Turner,
Micajah Johnston, Purse Woods.
William Jones,
Those who voted in the negative, are Messrs.
Anderson, James E. Brown, Grubbs,
Augustus Beall, " Clayton, Hines,
EliasBeall, Eberhart, Thomas Johnston,
Byrd, Ferrell, Leonard,
Blackshear, Gonder, Love,
320
JOURNAL OF THE
McRae~ ' James A. Miller, James R. Smith.
Andrew J. Miller, Quarterman,
So the motion prevailed.
Oh motion of Mr. A. J. Miller, the Senate went into Com¬
mittee of the whole on the bill, Mr. Stell in the chair.
After some time spent therein, on motiori of Mr. WofFord,
the Committee rose and reported the bill back to the Senate
without amendment.
On motion of Mr. Stell, the Senate took up the report, and
011 the first section being read as follows, to wit:
Be it enacted by the Senate and House of Representatives of
the State of Georgia, in General Assembly met, and it is hereby
enacted by the authority of the same, That from and after the
passage of this act, the county of Scriven shall be added to
and compose a part of the First Congressional District; that
the counties'of Butts, Jasper, Jones and Wilkinson shall be
added to and form a part of the Third Congressional Dis¬
trict ; that the counties of Harris and DeKalb shall be
added to and compose a part of the Fourth Congressional
District; that the counties of Union and Lumpkin shall be
added to and compose a part of the Fifth Congressional
District^ that the county of Newton shall be added to and
compose a part of the Sixth Congressional District; that the
counties of Hancock, Washington and Laurens shall be
added to and compose a part of the Seventh Congressional
District; and that the county of Elbert shall be added to
and compose a part of the Eighth Congressional District.
Mr. A. J. Miller moved to strike out the words " from and
after the passage of this act, and insert in lieu thereof, the
words "from and after the first day of May next." On
which motion the yeas and nays, were required to be
recorded, and are yeas 20; nays 22.
Those who voted in the affirmative, are Messrs.
Anderson, - Eberhart, Love,
Augustus Beall, . Ferrell, McRae,
Elias Beall, Gonder, Andrew J. Miller,
Byrd, Grubbs, James A. Miller,
Blackshear, Hines, Quarterman,
James E. Brown, Thomas Johnston, James R. Smith,
Clayton, Leonard,
Those who voted in the negative, are Messrs.
Bailey, Micajah Johnston, Murphy,
Joseph E. Brown, William Jones, Napier,
Bryan, John Jones, Purse,
Chisolm, Long, Rawls,
Clark, McBee, John W. G. Smith,
Edmondson, Mosely, Ira E. Smith,
SENATE.
32i
Spullock, Turner. Woods.
Stell,
So the motion was lost.
Mr. A. J. Miller moved to amend further by striking out
the following words:—" The county of Scriven shall be
added to and compose a part of the First Congressional
District." On which motion the yeas and nays were re¬
quired to be recorded, and are yeas 20 ; nays 22.
Those who voted in the affirmative, are Messrs.
Anderson,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Clayton,
Eberhart,
F errell,
Gonder,
Grubbs,
Hines,
Thomas Johnston,
Leonard,
Love,
McRae,
Andrew J. Miller,
James A. Miller,
Quarterman,
James R. Smith.
Those who voted in the negative, are Messrs.
Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock.
Stell,
Turner,
Woods.
Bailey, John Jones,
Joseph E. Brown, Long,
Bryan, McBee,
Chisolm, Mosely,
Clark, Murphy,
Edmondson, Napier,
Micajah Johnston, Purse,
William Jones,
So the motion was lost.
Mr. A. J. Miller moved to amend further, by striking out
the words "That the counties of Union and Lumpkin shall
be added to and compose a part of the Fifth Congressional
District." On which motion the yeas and nays were re¬
quired to be recorded, and are yeas 21; nays 21.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, Love,
Augustus Beall, Ferrell, McRae,
Elias Beall, Gonder, Andrew J. Miller,
Byrd, Grubbs, James A. Miller,
Blackshear, Hines, Quarterman,
James E. Brown, Thomas Johnston, James R. Smith,
Clayton, Leonard, Woods.
Those who voted in the negative, are Messrs.
Bailey, Clark, John Jones,
Joseph E. Brown, Edmondson, Long,
Bryan, Micajah Johnston, McBee,
Chisolm, William Jones, Mosely,
91
322
JOURNAL OP THE
Rawls, Spullock,
John W« G. Smith, Stell,
Ira E. Smith, Turner,
voting in the negative, the motion was
Murphy,
Napier,
Purse,
The President
lost.
Mr. Bailey moved the previous question. On which mo¬
tion the yeas and nays were required to be recorded, and
are yeas 22; nays 20.
Those who voted in the affirmative
Bailey, John Jones,
Joseph E. Brown, Long,
Bryan, McBee,
Mosely,
Murphy,
Napier,
Purse,
Chisolm, '
Clark,
Edmondson,
Micajah Johnston,
William Jones,
Those who voted in the negative, are Messrs.
are Messrs.
Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
Anderson,
Augustus Beall,
Elias Beall,
Byrd, •
Blackshear,
James E. Brown,
Clayton,
Love,
McRae,
Andrew J. Miller,
James A. Miller,
Quarterman,
James R. Smith,
Eberhart,
Ferrell,
Gonder
Grubbs,
Hines,
Thomas Johnston,
Leonard,
So the Senate determined the "main question should
now be put." The report was agreed to, the bill was read
the third time, and on the question "shall this bill now
pass ?" the yeas and nays were required to be recorded, and
are yeas 22 ; nays 20.
Those who voted in the affirmative,
Bailey, John Jones,
Joseph E. Brown, Long,
Bryan, McBee,
Chisolm, Mosely,
Clark, Murphy,
Edmondson, Napier,
Micajah Johnston, Purse,
William Jones,
Those who voted in the negative, are Messrs.
are Messrs.
Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner.
Woods.
Anderson,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Clayton,
Eberhart,
Feriell,
Gonder,
Grubbs,
Hines,
Thomas Johnston,
Leonard,
Love,
McRae,
Andrew J. Miller,
James A. Miller,
Quarterman,
James R. Smith,
So the bill was passed.
senate.
320
On motion,
The Senate, adjourned until three o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Purse presented the petition of the Mayor and Alder¬
men of the City of Savannah, also the petition of sundry
persons, citizens of Savannah, praying the Legislature of this
State to refuse to pass the bill to provide for the removal of
the free negroes and free persons of color from without the
limits of this state, which on motion was referred to the
Committee on the Judiciary.
Mr. J. R. Smith presented a petition from sundry citizens
of DeKalb county, praying the Legislature to pass a law pro¬
hibiting the running of cars either for passengers or freight,
on the Sabbath day, which on motion was referred to the
Committee on Internal Improvements.
On motion of Mr. Leonard the Senate took up as the report
of the Committee of the whole, bill to give to purchasers of
Fractions and Islands in the eighth, nineteenth and twen¬
tieth districts of originally Muscogee county, and that part
of the fifth district of originally Troup county, below West
Point, the exclusive right to use the Water privileges of the
Chattahoochee river, opposite their respective Fractions and
Islands, and to prohibit persons from using said privileges
on the western side of said river.
Mr. Stell moved to amend by striking out all after the
word " provided" in the first section, and inserting in lieu
thereof the following, to wit:
That all improvements (dams alone excepted) hereafter to
be made, to wit : buildings for or containing machinery,
warehouses, houses for Superintendents, workmen and
operatives, and all other improvements to be used in con¬
nection with the use of water power, whether owned by the
owner or owners of any one of said Fractions or part or parts
of such fraction, or others holding under him, her or them,
shall be located east of the middle of said river. Provided
further that nothing in this act contained, shall be so con¬
strued as to prevent the erection of any improvements upon
any Island which is surrounded by the water of said river at
every stage thereof, which was agreed to.
Mr. Stell moved to amend further by adding the follow¬
ing as additional sections, to-wit:
Sec. 2. And be it further enacted, That nothing in this act
contained shall be so construed as to authorize on the part
of the State, any interference with any factories or mills
324
JOUKJSTAIj OF THE
already erected west of the main channel of said river and
within the limits of this State.
Sec. 3. And be it further enacted, That the rights and
privileges granted by this act shall wholly cease and deter¬
mine with respect to any person or persons, or incorporated
company of persons being the owner or owners of any such
fraction or of a part or parts of the same, either in fee or for
a term of years, who shall violate or be concerned in the vio¬
lation of the restrictive provisions contained in this act—which
was agreed to. The report as amended was agreed to, the
bill was read the third time and passed.
The Allowing message was received from the House of
Representatives by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
agreed to the amendment of the Senate to. the bill of the
House to incorporate the Augusta and Waynesboro' Rail
Road, passed 31st December, 1838, and the acts amendatory
thereof.
Also, to the amendments to the bill of the House amenda
tory of all acts heretofore passed allowing fish traps in the
Great Ohoopie river, &c.
Also, to the amendments to the bill of the House to alter
and fix the times of holding the Superior Courts in certain
counties in the Cherokee circuit.
And they have this day passed a bill for the relief of Richard
Bassett and his securities, which I am directed to bring
forthwith to the Senate.
Mr. W°°ds reported a bill to be entitled an act to pro¬
hibit citizens of the State of North Carolina from driving and
pasturing their cattle in Union county, which was read the
first time.
The Senate took up as the report of the Committee of the
whole, the bill to impose additional duties upon the Trea¬
surer and Trustee or person or persons having charge of the
Poor School Fund of Burke county.
And on the same being read Mr. Love moved to amend
by adding as an additional section the following, to wit:
And be it further enacted, That when any Trustee of the
Poor School Fund, or County Treasurer of said county shall
lend out or otherwise dispose of the funds in their hands,
and shall on that account be unable to pay proper orders
drawn upon them, or settle with their successors in office in
cash, they shall forfeit all of their commissions on said lunds,
and the Inferior Court of said county may issue executions
against such trustee or treasurer immediately, for the amount
which ought to be in their hands respectively, which was
agroed to. The report as amended was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
SENATE.
325
whole, the reconsidered bill to alter and amend a part of the
first section of the third article of the Constitution of this
State.
Mr. Joseph E. Brown moved to amend by striking out
the words "at such place as the Legislature may determine,"
and insert in lieu thereof the words, " at such three places
as the Legislature may designate," on which motion the
yeas and nays were required to be recorded, and are yeas
27, nays 11.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, McRae,
Bailey, Edmondson, Andrew J. Miller,
Augustus Beall, Ferrell, James A. Miller,
Elias Beall, Grubbs, Mosely,
Blackshear, Hines, Purse,
Joseph E. Brown, Thomas Johnston, Quarterman,
Bryan, William Jones, James R. Smith,
Clark, Love, Stell,
Clayton, McBee, Woods.
Those who voted in the negative, are Messrs.
Byrd, Micajah Johnston, John W. G. Smith,
James E. Brown, John Jones, Ira E. Smith,
Chisolm, Murphy, Spullock,
Gonder, Rawls,
So the motion was carried and the amendment received.
The report as amended was agreed to, the bill was read
the third time and on the question " shall this bill now
pass ?" the yeas and nays were required to be recorded, and
are—yeas 26, nays 12.
Those who voted in the affirmative, are Messrs.
Anderson, Ferrell, i McRae,!
Augustus Beall, Gonder, Andrew J. Miller,
Elias Beall, Grubbs, James A. Miller,
Blackshear, Hines, Mosely,
Joseph E. Brown, Micajah Johnston, Purse,
Clark, William Jones, Quarterman,
Clayton, Leonard, Stell,
Eberhart, Love, Woods.
Edmondson, McBee,
Those who voted in the negative, are Messrs.
Bailey, Chisolm, Rawls,
Byrd, Thomas Johnston, John W» G. Smith,
James E. Brown, John Jones, Ira E. Smith,,
Bryan,, Murphy, Spullock.
There being a constitutional majority, the bill was passed.
326
journal of the
The following message was received from his excellency
the Governor by Mr. Gullett his Secretary, and which on mo¬
tion of Mr. Woods was taken up and read as follows:
EXECUTIVE DEPARTMENT, )
Milledgeville, January 15th, 1850. )
I have the honor to transmit to the General Assembly the
copy of a letter received from his excellency Thomas Brown
of Florida, oh the subject of the boundary between the two
States, together with a copy of my reply to the same. It
will be, doubtless, gratifying to the Legislature to perceive
the manifestation on the part of Governor Brown to remove
all just cause of unfriendly relation between the two States,
and to invite a further effort at amicable adjustment, before
a final resort is had to the judicial tribunals of the Country.
Entertaining the opinion heretofore expressed, that it was
more congenial to the feelings of the people of the two States,
to accommodate the pending controversy if possible without
a resort to the Federal'Judiciary; every suitable occasion
has been embraced to press this view of the subject upon
the authorities of Florida. The first proposition made by
Governor Brown, namely : " I will entertain and consider
any proposition which your excellency may think proper to
make to me, graving in view a speedy and amicable settle¬
ment and conclusion of the whole question of disputed boun¬
dary between the two States, and will promptly act thereon
to the extent of iny power and authority," clearly embraces
the idea that he is prepared to accept any equitable mode of
settlement. This proposition offered under the circumstan¬
ces, claims, in my opinion, the immediate and favorable
consideration of the Legislature.
It has occurred to me that it would be proper to propose
a commission of equal numbers, selected by each State, not
to exceed three in number, vested with full and absolute
power to settle any question of dispute between the two
States, and in the event of disagreement, that either the Ex¬
ecutive of South Carolina, Alabama or Mississippi be se¬
lected as an umpire, whose award and decision should be
final between the two States. Having implicit confidence
in the ability and integrity of the distinguished gentlemen
referred to, I should attach little or no importance to the
privilege of selecting the umpire, and would therefore yield
that advantage to the Governor of Florida. To my mind
there can exist no valid objection to the proposed mode of
settlement that would not equally apply to any other here¬
tofore suggested, and it is believed 011 some accounts pre¬
ferable. It is desirable whether the plan proposed be
adopted or any other, that the authority be full, clear and
comprehensive, embracing the question in all its bearings,
and providing for its absolute settlement.
SENATE.
327
It will be remarked that I did not in my letter of the 14th
inst., in reply to the late communication of Governor Brown,
enter into the argument presented by him, as to the respect¬
ive rights of Florida and Georgia under the treaty with
Spain. It was believed the time for discussing the relative
merits of the conflicting claims would arise when a tribunal
had been agreed upon, clothed with authority to decide the
questions at issue. No good (it was believed) would result
from a discussion at this time, on the merits of the contro¬
versy between the Executive of the two States, but the great
object to attain, was to provide a body selected in a manner,
worthy of the two States, endeared to each other by the
strongest ties that can operate upon separate and distinct
Sovereignties, in which the people of each have confidence,
and the decision of which would give satisfaction to all,
whichever might be disappointed in the result.
GEO. W. TOWNS.
On motion of Mr. Woods, the communication was referred
to the Committee on the State of the Republic.
The Senate took up as the report of the Committee of the
whole, the bill for the relief of Merrick Barnes of Baker
county. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as therreport of the Committee of the
whole, the bill to change the names and legitimatize certain
children therein named.
Mr. Turner moved to amend by adding the following as
an additional section, to wit:
And be it further enacted by the Senate and House of Repre¬
sentatives in Genet al Assembly met, and it is hereby enacted by
authority of the same, That from and after the passage of
this act the name of Rebecca Ann Nelums of the county of
Irwin, be and it is hereby changed to that of Rebecca Ann
Brown, and that she be declared legitimate and capable of
inheriting the real and personal estate of James D. Brown of
said county of Irwin, her reputed father, by whose consent
this act is passed, as fully as if born in lawful wedlock, which
was agreed to. The report as amended was agreed to, the
bill was read the third time and passed.
The Senate took up as the report of the Committee of
the whole, the bill for the relief of Francis M. Ison of the
county of Pike.
Mr. Love moved to amend by adding to the first section
the words " including the commissions of the Solicitor Gene¬
ral," which was agreed to. The report as amended was
agreed to, the bill was read the third time arid passed.
The Senate took up as the report of the Committee of the
whole, the bill to exempt from taxation the Odd Fellow In¬
stitute of the City of Columbus, No. 6.
Mr. Love moved to amend by inserting the words
328
JOURNAL OF THE
" Fletcher Institute of the county of Thomas, and the La-
Grange Female. Seminary in the county of Troup," which
was agreed to. The report as amended was agreed to, the
bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to change the line between the counties of
Murray and Walker so as to add certain lols therein named
to the county of Murray, and for other purposes therein men¬
tioned. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to alter and change the times of holding the
Superior and Inferior Courts of Paulding county.
Mr. Chisolm moved to amend by striking out all that part
of the bill which refers to the Superior Courts of Paulding
county, which was agreed to.
Mr. Spullock moved to amend further by adding the fol¬
lowing as an additional section, to wit:
Be it further enacted, That the Inferior Court of Floyd coun¬
ty shall hereafter be held on the fourth Mondays in April and
October, instead of the time nbw fixed by law for holding
said Courts, which was agreed to. The report as amended
was agreed to, the bill was read the third time and passed.
Mr. William Jones reported a bill to be entitled an act to
authorize William S. Nichols of the county of Ware, to plead
and practice law in the several Courts of Law and Equity
in the 12th district of said county, on certain conditions
therein named, which was read the first time.
On motion,
The Senate adjourned until to-morrow morning, nine
p'clock.
FRIDAY, JANUARY 18, 1850.
The Senate met pursuant to adjournment.
On motion of Mr. Joseph E. Brown, the Senate reconsid¬
ered so much of the journal of yesterday as relates to the
passage of certain resolutions in relation to a " horse mail
twice a week from Marietta in the county of Cobb, via Ros-
well and Cummingto Dahlonegain the county of Lumpkin,
and recommending the establishment of a tri-weekly line of
hacks between Marietta and Dahlonega."
Mr. Love moved to reconsider so much of the journal of
yesterday as relates to the passage of the bill "to amend an
act entitled an act to lay off and divide the State into eight
Congressional Districts and to point out the mode of electing
members to Congress in each District and to provide against
SENATE.
329
illegal voting, assented to 23d December, 1843. On which
motion, the yeas and naye were required to be recorded,
and are yeas 19, nays 22.
Those who voted in the affirmative, are Messrs-
Anderson, Eberhart, Leonard,
Ferrell,
Gonder,
Grubbs,
Hines,
Thomas Johnston
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Clayton,
Love,
Andrew J. Miller,
James A. Miller.
Quarterman,
James R. Smith.
Those who voted in the negative, are Messrs.
Bailey,
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
Edmondson,
Micajah Johnston,
William Jones,
John Jpnes,
Long,
McBee,
Mosely,
Murphy,
Napier,
Purse,
Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
So the motion was lost.
On motion of Mr. McBee, the Senate reconsidered so
much of the journal of yesterday as relates to the passage of
the bill " to alter and change the line between the counties of
Murray and Walker so as to include lots of land numbers
54, 55, 56, and the east half of lot number 53, in the 27th
district and third section, now Walker county, in the county
of Murray, and for other purposes therein mentioned.
Mr. Stell from the Committee on Enrolment reports as
duly enrolled and signed by the Speaker of the House of
Representatives and ready for the signature of the President
of the Senate; an act to grant certain privileges to the Burke
Guards, a Volunteer Company of Infantry in Burke county,
and to the second Division of the Independent Fire Com¬
pany of Augusta.
Also, an act to amend an act to provide for the education
of the poor, assented to the 27th of December, 1843, so far
as relates to the county of Warren, and also to regulate the
distribution of the poor schooll fund where retnrns are not
made.
Also, an act to reduce the Sheriff's bonds of the counties
of Telfair and Liberty. .
Also, an act to authorize James J. Logan to build and
keep up a mill dam across Notly river in the county of
Union.
Also, an act to repeal all laws and parts of laws incorpo¬
rating the town of Clarksville in Habersham cbunty.
330
JOURNAL OF THE
Also, an act to compensate the Petit Jurors of the county
of Jasper, and to authorize the Justices of the Inferior Court
to levy an extra tax for that purpose.
Also, an act to authorize the Justices of the Inferior Court
of Cherokee county to pay the jail fees of insolvents out of
the county funds.
Also, an act to reduce the number of trustees of the
Henry county Academy.
Also, an act to authorize Frederick A. Williams to erect
a Ferry or Bridge across the Chattahoochee river on his
own land.
Also, an act to authorize the citizens of Mcintosh county
to elect Commissioners of Pilotage for the port of Darien
and regulate the fees of the same in said county.
Also, an act to organize a Volunteer Company of mount¬
ed infantry in the county of Habersham, to be attached to
the 44th Regiment, Georgia Militia.
Also, an act to alter and fix the times of holding the Su¬
perior Courts in certain counties in the Cherokee Circuit,
also, the Superior and Inferior Courts of Columbia county,
and the Inferior Court of Richmond county.
Mr. Stell from the Committee on Enrolment, reports as
duly enrolled and ready for the signature of the President of
the Senate, an act to incorporate the Madison Female Col¬
lege to be located in the town of Madison, Georgia.
Also, an act to change the name of Malinda Jane Reaves
a female infant of Troup county, to Malinda Jane Yarbo-
. rough, and for other purposes therein named.
On motion of Mr. John Jones, the Senate took up as the
report of the Committee of the whole, the reconsidered bill
of the House of Representatives to repeal an act incorpo¬
rating the Campbellton Bridge Company, and to authorize
them to build a bridge across the Chattahoochee river. The
report was agreed to, the bill was read the third time and
passed.
Mr. Long reported a bill to be entitled an act to amend an
act to change the place of holding the Justices Court of the
26th militia district in the county of Glynn, which was read
the first time.
Mr. William Jones reported a bill to be entitled an act to
authorize Jesse P. Prescott of the county of Lowndes, to es¬
tablish a Ferry over the Allapaha river on his own land, and
to prescribe the rates of ferriage, and for other purposes
therein named, which was read the first time.
Mr. Anderson reported a bill to be entitled an act to amend
an act approved December the tenth, eighteen hundred and
three, to authorize the Justices of the Inferior Courts of this
State to discharge insolvent debtors confined by process from
any Court of this State whatever, so far as to amend the cap¬
tion of the same, which was read the first time.
SENATE.
331
On motion of Mr. Byrd, the Senate took up the reconsid¬
ered resolution in relation to the establishment of a tri¬
weekly line of hacks, in lieu of a semi-weekly horse mail
from Marietta in the county of Cobb, via Canton to Dahlo-
nega in the county of Lumpkin.
Mr. Byrd moved to strike out the word "Canton" in said
resolutions and insert in lieu thereof, the words " Roswell
and Cumming," which was agreed to. The resolutions as
amended were adopted.
Mr. Clark reported a bill to be entitled an act to author¬
ize the county officers in the counties of Irwin and Telfair to
publish in any public gazette in the towns of Milledgeville,
Macon and Albany, which was read the first time.
Mr. J. W. G. Smith from the Committee on Journals re¬
ports that the Committee have examined the work done by
the recording Clerks in the eight days allowed them during
the recess and find that they have labored well, and we have
also found the work neatly and correctly done, all of which
is respectfully submitted.
The Senate took up as the report of the Committee of the
whole, the bill to remove the Election Precinct in the 96tb
District, G. M., in the county of Washington.
On motion, the report was referred to a Select Commit¬
tee consisting of Messrs. Ferrell, Love and Micajah Johnston.
The Senate took up as the report of the Committee of the
whole, the bill to consolidate the fourteenth and fifteenth
Regiments G. M., of the county of Hancock. The report
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to render Sheriff's deeds admissable in suits as
prima facia evidence without the production of the execution
under which the sale was made, or of the judgment upon
which the exeeution issued. The report on motion, was re¬
ferred to the Committee on the Judiciary.
The Senate took up as the report of the Committee of the
whole, the bill to fix the Election Precinct in the 763d dis¬
trict of Thomas county.
On motion, the report was referred to the Committee on
Privileges and Elections.
The Senate took up as the report of the Committee of the
whole, the bill to amend an act passed Dec. 29th, 1338, to
define and fix the punishment of a crime or misdemeanor
committed by a slave, by the counsel, persuasion or procure¬
ment or other means of free white persons.
On motion, the report was referred to the Committee on,
the Judiciary.
On motion of Mr. J. R. Smith, the Senate took up bills of
the House of Representatives for a third reading:
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, "to au-
3*32
JOURNAL OF THE
thorize the South-Western Rail Road Company to construct
its Rail Road through the Public Reserve adjoining the
corporate limits of the city of Macon, and to grant to said
Company the use of part of the said Reserve for a Depot,"
which, on motion of Mr. Napier, was made the special order
of the day for Tuesday next, 22d inst.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, " to change
the line between the counties of Crawford aud Macon. The
report was disagreed to, and the bill was lost.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives " to repeal
an act entitled an act to extend the corporate limits of the
town of Talbotton." The report was agreed to, the bill was
read the third time arid passed.
The Senate took up as the report of the Committee of
the whole, the bill of the House of Representatives "to make
permanent the site of the public buildings for the county of
Marion,-in the town of Buena Vista, and to incorporate said
town." The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives " to alter
and amend the several acts incorporating the city of Grif¬
fin," which on motion was referred to the Committee on the
Judiciary.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives "to author¬
ize grants to issue in certain cases."
Mr. William Jones moved to amend by adding the follow¬
ing proviso, to-wit: •
" Provided nothing in this act shall be so construed as to
authorize a grant to issue for any fraction, island or square
lot, for which all the purchase money was not fully paid pre¬
vious to the passage of the act, approved 30th Dec. 1847,"
which was agreed to. The report as amended was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives " to change
the line between the counties of Gwinnett and Walton, so
as to include the residence of Alexander Forrister in the
county of Walton and the residence of John McCurdy in the
county of Gwinnett." The report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to incorpo¬
rate New Chapel Camp Ground in Washington county and
appoint trustees for the same. The report was agreed to, the
bill was read the third time and passed.
The Senate took up'as the report of the Committee of the
SENATE.
333
whole, the bill of the House of Representatives to incorpo¬
rate Buena Vista Academy in the county of Greene. The
report was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, the bill to reduce the official bonds of the Sheriff'
hereafter to be elected in the county of Habersham, from
the sum of twenty thousand dollars to the sum of ten thou¬
sand dollars.
Mr. Byrd moved to amend by striking out the words
" county of Habersham" and insertfin lieu thereof the words
"counties of Habersham and Hall," which was agreed to.
The report as amended was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to alter and amend the several acts of this
State, so as to authorize the Treasurer of the Poor School
fund of the county of Jasper, to take and retain a commis¬
sion out of said fund. The report was agreed to, the bill
was read the third time and passed.-
The Senate took up as the report of the Committee of the
whole, the bill to incorporate Mount Zion Church in the
county of Irwin.
Mr. A. J. Miller moved to amend by adding the following
as an additional section :
And be it further enactedr That the act to incorporate the
Trustees of the Presbyterian Church in the town of Milledge-
ville, passed on the nineteenth day of December, 1828, be
and the same is hereby revived and made of full fbrce, and
that Ebenezer M. Cowles, Daniel R. Tucker, Miller Grieve,
Alfred M. Nisbet, Richard M. Orrne, Olney Eldridge and
George D. Case be, and they are hereby appointed Trustees
in the place of those named in said act, with all the power
and privileges thereby conferred," which was agreee to.—
The report as amended was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to authortze Washington Dyle to establish a
ferry at Town Bluff, on the Altamaha'river in the county of
Appling.. The report was agreed to, the bill was read the
third time and lost.
The Senate took up as the report of the Committee of the
whole, the bill to change and fix the time for closing the polls
at the several election precincts in the county of Bulloch,
and for <>:her purposes therein named. 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. Harrison, their Clerk:
Mr. President—The House of Representatives have passed
the following bills, to wit:
334
JOURNAL OF THE
A bill to reduce the price of Public Printing.
A bill to amend the Guardian Laws of this State.
A bill to alter and amend the 3d section of the 3d article
of the Constitution of the State of Georgia.
And a bill to alter and amend the twelfth section of the
second article of the Constitution of the State of Georgia.
The Senate took up as. the report of the Committee of the
whole, the bill to authorize the Justices ot the Inferior
Court of Chatham to pay the Commissioners of Public Roads
of said county one thousand dollars for constructing a Cause¬
way in said .county, and to authorize the Commissioners of
the Skedaway Ferry and Montgomery Road District to
work the hands liable to road duty, on the Islands of Skeda¬
way and Ossabaw, three days in each year in said dis¬
trict.
Mr. Purse moved to amend by striking out of the bill all
that portion which refers to the island of Ossabaw, which
was agreed to. The report as amended, was agreed to, the
bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate a volunteer company of Ca¬
valry, in the county of Cass, to be known by the name and
style of the Knight's Centicollum, and to grant them certain
privileges and exemptions, and to authorize the Governor to
furnish them with certain arms therein named.
Mr. Ferrell moved to amend by striking out the words
"exemption from Jury and road-workingduty," which was
agreed to. The report as amended, was agreed to, the bill
was read the third time and passed.
On motion of Mr. Jos. E. Brown, the Senate took up the
resolution authorizing and requesting the Governor to fur¬
nish the Clerk of the Superior Court of the county of Chero¬
kee with certain Books therein mentioned, which on motion
was referred to a Select Committee, consisting of Messrs. J.
R. Smith, Jos. E. Brown and Purse.
Mr. Jos. E. Brown offered the following preamble and
resolutions, to wit: .
Whereas there is no Mail Stage running from Marietta to
Canton, in this State, and on account of the large amount of
mailable matter transmitted from one of these places to the
other, the present tri-weekly horse mail is wholly inade¬
quate to the performance of the necessary mail service be¬
tween the two places.
Be it therefore resolved by the Senate and House of Repre¬
sentatives of the State of Georgia in General Assembly met, That
our Senators and Representatives in, Congress be requested
to urge upon the Post Master General the necessity for es¬
tablishing a tri-weekly mail stage between said places, in
lieu of the present horse mail, and. to use their best efforts to
have said Stage Route established as an act of justice to
SENATE.
335
that section of the State interested in the carriage of the
mail between said places.
And be it further resolved, That his excellency the Gov¬
ernor be requested to transmit a copy of these resolutions to
each of our Senators and Representatives in Congress, as
early as may be convenient after their passage; which
were taken up, read and agreed to, and on motion, the Se¬
cretary was directed to carry the same forthwith to the
House of Representatives.
On motion of Mr. Chisolm, the Senate took up as the re¬
port of the Committee of the whole, the bill of the House of
Representatives for the relief of Robert O'Barr, John F.
Brown, Edward A. Brown, Christopher Dodd, Robert L.
Jones, John L. Terrell and William Headden, of Cass coun¬
ty. The report was agreed to, the bill was read the third
time and passed.
Mr. Murphy made the following report:
The Select Committee to whom was referred the bill to
be entitled " an act to alter and amend an act entitled an
act to carry into effect the alterations and amendments
made at the session of the General Assembly of 1843, in
and to the third and seventh sections of the first article of
the Constitution of this State, assented to 23d December,
1843, so iar as relates to the Senatorial Districts," have had
the same under consideration, and the majority thereof beg
leave to report the bill to the Senate without amendment,
and recommend its passage.
The Committee have examined the Constitutional ques¬
tion which was suggested in the discussion in the Senate at
the time the reference was made, and are satisfied beyond
doubt, that there is no Constitutional inhibition to the pas¬
sage of the bill, as it is not repugnant to the Constitution, or
any clause or section thereof; and the 22d section of the" 1 st
article of the Constitution expressly gives " the General As¬
sembly power to make all laws and ordinances which they
shall deem necessary and proper for the good of the State,
which shall not be repugnant to the Constitution,;" and the
Committee deem the passage of this bill necessary and pro¬
per for the good of the State, and not repugnant to the Con¬
stitution.
The amendment to the Constitution of the State of Georgia
adopted by the General Assembly in 1843, requires that
" there shall be 47 Senatorial districts in the State, and that
the county containing the largest representative population,
shall compqse one of them, and that the other 46 shall be
comDosed of two contiguous counties each," to all of which
the bill conforms to the letter.
The amendment to the Constitution provided that the dis¬
tricts should bb so arranged and organized by the General
Assembly at the session when the Constitution should be
336
JOURNAL OF THE
adopted. This wass only directory and made it the duty of
the General Assembly that adopted the amendment to the
Constitution, to organize the State in conformity thereto, that
there might not be an interregnum of the General Assembly
of the State. This sict of organization was however, but
an act of the Legislature, done at one session and after the
adoption of the amendment to the Constitution, and by the
vote of a bare majority, and' the Committee are well satis¬
fied that the Constitution can not by construction, implica¬
tion or relation, embrace any thing that did not exist at the
time of its formation and adoption ; and the Committee, are
clearly,of the opinion that such was the construction and in¬
tention of the General Assembly that framed and adopted
the amendment to the Constitution in 1842 and 1843. For
in fixing the time of the apportionment of the members
of the House of Representatives in the same amendment of
the Constitution, and in the latter part of the seventh sec¬
tion of the first article of the Constitution, they say " the'
said apportionment shall be made by the General Assembly
at the session at which this section shall be adopted as an
alteration of the Constitution, by an act to be introduced
after the adoption thereof, and a new apportionment shall be
made* at the session next, each future enumeration of the
inhabitants of this State, made under the Constitution and
laws thereof, but at no other time."
Now we take it to be clear and incontrovertible that if
the franiers of the amendment to the Constitution had con¬
sidered the' directions that the apportionment should be
made at the session next after each future enumeration suf¬
ficient to prohibit the General Assembly from doing it at any
other time, by an act of ordinary Legislature, they would
not have added the words but at no other time. And the
Committee without hesitation or doubt, come to the conclu¬
sion that if the framers of the amendment to the Constitution
had intended that the arrangement and organization of the
districts which they directed should be made at the session
at which the arrangement was adopted, should be as dura¬
ble hs the Constitution itself, they would have said " and at
no other time," and had they have said so, to have done it at
any other time, would 'have been repugnant to that expres¬
sion and prohibited by it. And again, had the Constitution
stopped short of saying when the districts should be organ¬
ized, the Legislature would have had full and complete
power, and it would have been its duty to organize and ar¬
range the districts. The Legislature derived no power from
that direction, and without it could have made 47 districts,
made one of them out of the county containing the largest
representative population, and made each of the other 46
districts out of two contiguous counties, so that it is clear
that that portion of the Constitution was only intended to be
SENATE.
337
directory as was the 8th section of the 3d article of the Con¬
stitution, which says that " within five years after the adop¬
tion of this Constitution, the body of our Laws, civil and
criminal, shall be revised, digested and arranged under pro-,
per heads, and promulgated in such manner as the Legisla¬
ture may direct." This was directing the Legislature to
do an act of ordinary legislation within a given time, but
which never was thought of as being fixed by the directions
and unalterable by an act of the General Assembly ; nor
was the arrangement of the Senatorial Districts by the di¬
rections given by the framers of the amendment to the Con¬
stitution fixed and unalterable by an act of legislation. But
in the opinion of the Committee, that which was done by an
ordinary act of Legislation, and by a bare majority, cannot
require a majority of two thirds at two sessions to alter; all
of which is respectfully submitted by a majority of the Com¬
mittee. CHARLES MURPHY,
JOS. E. BROWN,
D. S. BAILEY,
JOHN D. STELL.
Mr. A. J. Miller made the following report, to wit:
" The Select Committee to whom was referred the bill to
alter and amend the third section of the first article of the
Constitution, have had the same under consideration, and
report it back to the Senate, recommending its passage,
with an amendment by way of substitute for the first section
of the bill."
On motion of Mr. Napier, the Senate took up the bill of
the House of Representatives, " for the relief of Richard
Bassett and his Securities;" which was read the first
time.
Mr. A. J. Miller made the following report, to wit:
The undersigned members of the Select Committee, t&
whom was referred the bill to reorganize the Senatorial
Districts of this State, dissenting from the report of the ma¬
jority of said Committee, in favor of said bill, and which
the^ have not seen prior to its presentation, beg leave to
state the grounds of their opposition to it.
They consider it inexpedient, because the precedent of
change being once set, constant changes will be made to
suit the caprice or increase the influence of the political
party that may for the time be in power, and there will not
be that stability of representation in the Senate so much to
be desired, and which has not yet been attained under the
present organization. Moreover it is, and is avowed to be
a mere party measure, to strengthen the present dominant
party, when it cannot be denied, that considering the near
equality of parties in strength, the present arrangement is
as close an approach to what is due to each, as can well be
22
338
JOURNAL OF THE
made. It is not pretended that the public interest calls for
the passage of the bill; but passing from the considerations
which only address themselves to the sound discretion of
Senators, the undersigned present an objection which they
believe to be insurmountable—one in relation to which there
is no discretion ; namely, the unconstitutionality of the pro¬
posed act. If they be right, and they have no doubt of be¬
ing so, this party attempt ought to be frustrated by the in¬
terposition of the Constitutional shield.
The Constitution as amended in 1842 and 1843, declares
that the Senate shall consist of forty-seven members, and
shall be composed of one member from each district, which
districts shall be composed of two contiguous counties, not
including the county with the largest representative popula¬
tion, which shall constitute a separate district; which dis¬
trict shall be arranged and organized by the General As¬
sembly at the session when this " amendment" shall be
adopted; and if any new county shall be hereafter formed,
it shall be annexed to one of the districts from which it may
be taken.
This is the whole authority to the General Assembly in
relation to the Senatorial districts. It was executed by the
General Assembly of 1843, which adopted the amendment
to the Constitution. Like any other power—limited as to
time and persons executing, it was then spent, and it cannot
by any rule of construction be held to be a continuing power
to any body by the same name subsequently convening.
That this position is correct, is shown by referring to the
same amendment of the Constitution, in relation to the or¬
ganization of the House of Representatives. After limiting
the number of members to one hundred and thirty—allow¬
ing two Representatives each to the thirty-seven counties
having the greatest population, and one to each of the other
counties, it declares that the said apportionment (of Repre¬
sentatives) shall be made by the General Assembly at the
session bv which this section shall be adopted as an altera¬
tion of the Constitution, by an act to be introduced after the
adoption thereof; and a new apportionment shall be made
at the session next after each future enumeration of the in¬
habitants of the State, made under the Constitution and
Laws thereof, but at no other time. The grant of power
relative to the Senate ceases with its execution by the Gene¬
ral Assembly adopting the amendment of the Constitution.
In the grant relative to the House of Representatives, the
power authorized to be used by the General Assembly of
1843, in the apportionment of members, is required to be
exercised again at each septennial enumeration of the people.
Can two cases be found more in contrast with each other
than these now are ? Is not the expression of authority in
the one a clear exclusion of it in the other ? And if the ex-
SENATE.
339
ercise of the express power be limited to one time in seven
years, how can the silence of the Constitution authorize a
change of the Senatorial districts at any time the General
Assembly may deem expedient ? It may be urged against
the position taken, that the fact of the county having the
largest representative population being required by the Con¬
stitution to be made a separate district, authorizes a change
of the Senatorial districts, because it may be ascertained at
some future enumeration that the greatest representative
population is in some other county than that which now
forms a district of itself, and that such county must be dis¬
connected from the one with which it is now associated, and
Chatham connected with one of the counties contiguous to it.
The answer is, that at the time the Constitution was amend¬
ed, Chatham was known from the last enumeration to have
the largest representative population. And if the framers
and enactors of the amendment could have overlooked the
importance to that county (considering the diversified inte¬
rests therein) of a separate representation in the Senate, they
cannot be considered as guilty of the folly of requiring the
breaking up and reorganizing of a large number of districts
after every enumeration for the purpose of providing for one
county. It is not so expressed and such folly is not to be
presumed. Moreover even if it be so, Chatham yet has the
largest representative population, and there can be no ground
for the change of districts proposed until some other county
shall have outstripped her in population, and this be shown
by the septennial enumeration ; and whatever change may
be made in other districts, should only be such as are neces¬
sarily connected with the transfer of. Senatorial influence
from-Chatham to the more fortunate county. But the bill
does not propose to interfere with Chatham, and therefore is
without even the flimsy support upon which it may be sup¬
posed to rest.
The undersigned have spoken briefly and plainly because
they desire to be understood when they oppose measures
which they consider violative of the Constitution.
A. J. MILLER,
BLOUNT C. FERRELL,
PETER E. LOVE.
Mr. Murphy moved to take up the Majority Report upon
the bill to alter and amend an act entitled an act to carry
into effect the alterations and amendments made at the ses¬
sion of the General Assembly of 1843* in and to the third
and seventh sections of the first article of the Constitution of
this State, assented to 23d December; 1843, so far as relates
to the Senatorial districts, on which motion the yeas and
nays were required to be recorded, and are yeas 22, nays I8£
340
JOURNAL OF THE
Those who voted in the affirmative, are Messrs.
Bailey,
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
Edmondson,
Micajah Johnston,
William Jones,
John Jones,
Long,
McBee,
Mosely,
Murphy,
Napier,
Purse,
Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
Those who voted in the negative, are Messrs.
Anderson,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Clayton,
Eberhart,
Ferrell,
Grubbs,
Hines,
Leonard,
Love,
Andrew J. Miller,
James A. Miller,
Quarterman,
Thomas Johnston, James R. Smith,
So the motion prevailed.
Mr. Murphy moved to agree to the report.
The motion to agree to the report being put by the Chair
on the affirmative side of the question, Mr* A. J. Miller rose
and made some inqniry of the Chair, and of the Senator
of the 39th district, which inquiry being answered, and be¬
fore the Chair proceeded to put the negative side of the
question, Mr. Miller moved the indefinite postponement of
the report. The President ruled the motion to postpone out
of order.
From which decision Mr. Miller appealed to the Senate.
Pending the appeal Mr. J. R. Smith moved to adjourn.—
Upon which motion the yeas and nays were required to be
recorded, and are yeas 21, nays 19.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, Andrew J. Miller,
Edmondson, James A. Miller,
Feirell, Purse,
Grubbs, Quarterman,
Hines, Rawls,
Micajah Johnston, James R. Smith,
Thomas Johnston, Turner.
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Clayton,
Those who voted in the negative are Messrs.
Bailey,
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
William Jones,
John Jones,
Leonard,
Long,
Love,
McBee,
Mosely,
Murphy,
Napier,
John W.G. Smith,
Ira E. Smith,
Spullock,
Stell,
Woods.
senate.
34J
So the motion prevailed, and the Senate adjourned until
3 o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate proceeded to the consideration of the unfinish¬
ed business of the morning which was the appeal made by
Mr. A. J. Miller on a point of order from the decision of the
Chair.
On the question "will the Senate sustain the chair?" the
yeas and nays were required to be recorded, and are yeas
26, nays 14.
Those who voted in the affirmative, are Messrs.
Anderson, Grubbs, Rawls,
Bailey, Micajah Johnston, John W. G. Smith,
Byrd, William Jones, James R. Smith,
Blackshear, John Jones, Ira E. Smith,
Joseph E. Brown, Long, Spullock,
Bryan, McBee, Stell,
Chisolm, Mosely, Turner,
Clark, Murphy, Woods.
Edmondson, Purse,
Those who voted in the negative, are Messrs.
Augustus Beall, Ferrell, McRae,
Elias Beall, Hines, Andrew J. Miller,
James E. Brown, Thomas Johnston, James A. Miller,
Clayton, Leonard, Quarterman.
Eberhart, Love.
So the Senate sustained the decision of the Chair.
Whereupon the Chair proceeded to pronounce the vote
given by the Senate on the question of agreement to the re¬
port of the majority of the Select Committee on the bill to be
entitled an act to alter and amend an act entitled an act to
carry'into effect the alterations and amendments made at the
session of the General Assembly of 1843, in and to the third
and seventh sections of the first article of the Constitution of
this State, assented to 23d December, 1843, so far as re¬
lates to the Senatorial Districts.
When on motion, the yeas and nays were required to be
recorded, and are—-yeas 21, nays 18.
Those who voted in the affirmative, are Messrs.
Bailey, Joseph E. Brown, Bryan,
342
JOURNAL OF THE
Chisolm,
Clark,
Edmondson,
Micajah Johnston,
John Jones,
Long,
McBee,
Mosely,
Murphy,
Napier,
Purse,
Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
Those who voted in the negative, are Messrs.
Anderson,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Clayton,
Eberhart,
F errell,
Grubbs,
Hines,
Thomas Johnston,
Leonard,
Love,
Andrew J. Miller,
James A. Miller,
Quarterman,
James R. Smith.
So the report was agreed to.
The Seriate then took up the bill as the report of the Com¬
mittee of the whole. Mr. A. J. Miller moved to postpone the
report indefinitely. On which motion the yeas and nays
were required to be recorded, and are yeas 18, nays 21.
, Those who voted in the affirmative, are Messrs.
Clayton, Leonard,
Eberhart, Love,
Ferrell, Andrew J. Miller,
Grubbs,
Hines,
Thomas Johnston,
Those who voted in the negative, are Messrs.
Anderson,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
James-A. Miller,
Quarterman,
James R. Smith,
Rawls,
JohnW. G. Smith,
Ira E.'Smith.
Spullock,
Stell,
Turner,
Woods.
Bailey, John Jones,
Joseph E. Brown, Long,
Bryan, McBee,
Chisolm, Mosely,
Clark, Murphy,
Edmondson, Napier,
Micajah Johnston, Purse,
So the motion was lost.
Mr. Ferrell then moved to make the report of the Com¬
mittee of the whole, the special order of the day for Friday
the 8th of February next. On which motion the yeas and
nays were required to be recorded, and are—yeas 17,
nays 22.
Those who voted in the affirmative, are Messrs.
Clayton, Leonard,
Eberhart, Love,
Ferrell, Andrew J. Miller,
Grubbs, James A. Miller,
Hines, Quarterman.
Thomas Johnston,
Anderson,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
SENATE.
343
Those who" voted in the negative, are Messrs.
John W. G. Smith,
James R. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
Bailey, . Long,
Joseph E. Brown, McBee,
Bryan, Mosely,
Chisolm, Murphy,
Clark, Napier,
Edmondson, Purse,
Micajah Johnston, Rawls,
John Jones,
So the motion was lost.
Mr. Love moved to lay the bill on the table for the pre¬
sent. On which motion, the yeas and nays were required
to be recorded, and are yeas 18, nays 21.
Those who voted in the affirmative, are Messrs.
Anderson,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Clayton,
Eberhart,
F errell,
Grubbs,
Hines,
Leonard,
Love,
Andrew J. Miller,
James A. Miller,
Quarterman,
Thomas Johnston, James R. Smith.
Those who voted in the negative, are Messrs.
Bailey,
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
Edmondson,.
Micajah Johnston,
John Jones,
Long,
McBee,
Mosely,
Murphy,
Napier,
Purse,
Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
So the motion was lost.
Mr. Ferrell moved to strike out the counties of "Troup
and Heard."
Mr. Murphy moved the previous question, and on second¬
ing the same, the yeas and nays were required to be record¬
ed, and are, yeas 21, nays 18.
Those who voted in the affirmative, are Messrs.
Bailey,
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
Edmondson,
Micajah Johnston,
John Jones,
Long,
McBee,
Mosely,
Murphy,
Napier,
Purse,
Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
Those who voted in the negative, are Messrs.
Anderson, Augustus Beall, Elias Beall,
344
JOURNAL OF THE
Byrd,
Blackshear,
James E. Brown,
Clayton,
Eberhart,
Ferrell, Love,
Grubbs, Andrew J. Miller,
Hines, James A. Miller,
Thomas Johnston, Quarterman,
Leonard, James R. Smith,
So the previous question was seconded by a majority of
the Senate.
On the question " shall the main question now be put?"
the yeas and nays were required to be recorded, and are
yeas 21, nays 13.
Those who voted in the affirmative, are Messrs.
Bailey,
Joseph E. Bfown,
Bryan,
Chisolm,
Clark,
Edmondson,
Micajah Johnston,
John Jones,
Long,
McBee,
Mosely,
Murphy,
Napier,
Purse
Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
Those who voted in the negative, are Messrs.
Anderson,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown
Clayton,
Eberhart,
Ferrell,
Grubbs,
Hines,
Leonard,
Love,
Andrew J. Miller,
James A. Miller,
Quarterman,
Thomas Johnston, James R. Smith.
So the Senate decided that the main question should be
put.
The report was agreed to and the question recurring on
the passage of the bill. And on the question " shall this bill
now pass ?" the yeas and nays were required to be recorded,
and are yeas 21, nays 13.
Those who voted in the affirmative, are Messrs.
John Jones,
Long,
McBee,
Mosely,
Murphy,
Napier,
Purse,
Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
Bailey,
Joseph E. Brown
Bryan,
Chisolm,
Clark,
Edmondson,
Micajah Johnston.
Those who voted in the negative, are Messrs.
Clayton, Leonard,
Eberhart, Love,
Ferrell, Andrew J. Miller,
Grubbs,
Hines,
Thomas Johnston,
Anderson,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
James A. Miller,
Quarterman,
James R. Smith.
So the bill was passed.
SENATE
345
Mr. Dunham reported a bill to appropriate certain road
hands in the county of Camden and appoint Commissioners
for the same, which was read the first time.
Mr. Stell reported a bill requiring the Clerks of the Supe¬
rior and Inferior Courts of the county of Pike to appoint
Deputies residing in the city of Griffin, which was read the
first time.
Mr. Purse reported a bill to incorporate a Bank in the
city of Savannah, to be called the " Bank of Savannah,"
which was read the first time.
Mr. Edmondson reported a bill " to amend an act to es¬
tablish a general system of Education, by Common Schools,
in the State of Georgia, so far as relates to the county of
Murray," which was read the first time.
Mr. Long reported a bill to authorize Jdhn Duff, of the
county of Telfair, in this State, to peddle upon goods, wares
and merchandize within the counties of Telfair and Irwin,
without license, and without being subject to pay tax there¬
for, which was read the first time.
Mr. Edmondson reported a bill "to incorporate the Ma¬
sonic Dalton Lodge, No. 105, in the county of Murray,"
which was read the first time.
Leave of absence was granted to Mr. Gonder, until Mon¬
day, 21st instant. «
On motion of Mr. J. R. Smith, the Senate took up the
resolution heretofore laid upon the table, authorizing and re¬
questing the Governor to furnish the Clerk of the Superior
Court of the county of Cherokee, with certain Books, &c."
Mr. J.R. Smith offered the following as a substitute :
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 authorized and re¬
quested to furnish to the Clerk of the Superior Court of the
county of Cherokee, and to the Clerks of the several Supe¬
rior Courts of the following counties, a certain number of
copies of Hotchkiss' Codification of the Laws of the State,
Prince's Digest of the same, and Cobb's Analysis and
Forms, to wit: '
To the county of Cherokee, 30 copies of Hotchkiss' Di¬
gest, and 20 copies of Cobb's Analysis and Forms, and 10
copies of Prince's Digest.
To the county of Bulloch, 8 copies of Hotchkiss, and 8 of
Cobb's Analysis.
To the county of Lowndes, 10 copies of Hotchkiss, and
10 of Cobb's Analysis. '
To the county of Burke, 32 copies of Hotchkiss, and 32
copies of Cobb's Analysis.
To the county of Liberty, 12 copies ol Hotchkiss, and 12
of Cobb's Analysis.
346
JOURNAL OF THE
To the county of Appling, 6 copies of Hotchkiss, and 6 of
Cobb's Analysis.
To the county of Dade, 15 copies of Hotchkiss, and 15
of Cobb's Analysis.
To the county of Murray 24 copies of Hotchkiss, and 20
of Cobb's Analysis.
To the county of Randolph 8 copies of Cobb's Analysis,
and 8 of Prince's Digest.
To the county of Irwin 1 copy of Cobb's Analysis, and 2
of Prince's Digest.
To the county of Effingham 12 copies of Cobb's Analy¬
sis, and 12 of Prince's Digest; which books shall be sent to
the several counties above named, at the public expense, for
the use of the several Justices of the Peace of said counties,
and that 2 coptes of Hotchkiss' Digest, and 2 copies of
Cobb's Analysis and Forms, for,the county of Chatham, for
the use of P. G. Thomas and Levi J. Hart, Justices of the
Peace of said county ; and that he be further authorized to
furnish to the counties of Lumpkin and Union, for the use of
the Justices of the Peace of those counties, such a number of
the above works as may be necessary, and that he be au¬
thorized to furnish such other of the Laws as are usually fur¬
nished to Justices of the Peace, to Levi J. Hart, of the
county of Chatham, the books of whose office have recently
been destroyed by fire ; which was received. The resolu¬
tion as amended, was adopted.
On motion of Mr. Woods, the Senate took up as the report
of the Committee of the whole, the bill to authorize James
Gowdy, of Lumpkin county, to erect and keep up his bridge
across the Chestatee River, in said county, on his own land,
and to charge toll; and on reading that part of the first sec¬
tion of the bill which fixed the rates of toll, Mr. Byrd moved
to strike out the words "for each 4 horse wagon and team,
35 cents; for . each 2 horse wagon and team, 20 cents ; for
each 1 horse wagon, 15 cents ; for each pleasure carriage,
30 cents; for each buggy, 20 cents," and insert in lieu
thereof, the words " for each 4 horse wagon and team, 25
cents ; for each 2 horse wagon and team, 20 cents; for each
one horse wagon, 15 cents ; for each pleasure carriage, bug¬
gy or sulkev, 30 cents; for all ox wagons and carts, 20
cents which was agreed to. The report as amended, was
agreed to, the bill was read the third time and passed.
On motion,
The .Senate adjourned until nine o'clock to-morrow morn¬
ing.
senate.
347
SATURDAY, January 19, 1850.
The Senate met pursuant to adjournment.
Messrs. Augustus Beall, Ferrell and McRae, asked leave
to have their votes recorded on the question of sustaining
the decision of the President on a point of order made by
Mr. Andrew J. Miller, which was granted, and their votes
were recorded on the journal of yesterday in the negative.
Mr. Long asked and obtained leave to change his vote on
seconding the previous question, and his vote was recorded
on the journals of yesterday in the affirmative.
Mr. A. J. Miller moved to reconsider so much of the jour¬
nal of yesterday as relates to the action of the Senate on the
majority report and the passage of the bill therein recom¬
mended, entitled an act to alter and amend an act to carry
into effect the alterations and amendments made at the
session of the General Assembly of 1843, in and to the
third and seventh sections of the first article of the Constitu¬
tion of this State, assented to 23d December, 1843, so far as
relates to the Senatorial districts."
Pending the discussion thereon, on motion, the rule was
suspended and Mr. James A. Miller reported a bill to be en¬
titled an act to authorize Samuel Rutherford of Crawford
county, and George- W. Towns of Baldwin, to establish a
. Feriy across Flint River on their own land and for other
purposes, which was read the first time.
Mr. William Jones reported a bill to be entitled an act to
alter and change the election precinct of the 904th district,
G. M., Lowndes county, which was read the first time.
Mr. Woods reported a bill to be entitled an act to incor¬
porate the Cooper's Gap Turnpike Company of Lumpkin
and Union counties, and to grant certain privileges to the
same, which was read the first time.
Mr. Spullock reported a bill to be entitled an act to legal¬
ize the precepts from the Superior Courts of Floyd county,
and authorize the drawing the juries for said Courts, which
was read the first time.
Mr. Turner reported a bill to be entitled an act to author¬
ize the Tax Collector of the county of Irwin to retain the
State taxes for the year 1850, and pay over the same to the
County Treasurer for county purposes, which was read the
first time.
Mr. Bailey made the following report, to wit:
" The Committee on the Judiciary have had under con¬
sideration the following bills, and direct the same to be report¬
ed unfavorably to the Senate, to wit:
A bill to authorize the settlement of prosecutions in certain
•cases, and to regulate more particularly the duties of the At¬
torney and Solicitors General, and to fix their liabilities.
348
JOURNAL OF THE
Also, a bill to prohibit the introduction of incendiary docu¬
ments into this State from the non-slaveholding States of this
Union, and to forfeit all goods introduced contrary to the
provisions of this act.
Also, a bill to regulate the mode of sueing out Ca. Sa's.
in this State and to modify the proceedings thereof.
Also, a bill for the relief of certain free persons of color
therein named.
Also, a bill to alter and amend the eleventh and thirteenth
sections of the sixth division of the penal code.
The Committee have also had under consideration the
following bills, and have directed the same to be reported
favorably with amendments, to-wit:
A bill to alter, amend and explain the first section of an
act passed for the relief of co-securities, and assented to the
22d day of December, 1840.
Also, a bill to protect the people of this State from vexa¬
tious prosecutions in} cases where Grand Juries have refused
or may hereafter refuse to find true bills.
And recommend, also, the passage of the following bill,
to-wit:
A bill to regulate the manner of presentments by the
Grand Juries of this State for the purpose of preventing ma¬
licious prosecutions, and to ensure the effectual prosecution
of such as are not.
Also, the bill to curtail and simplify civil pleading with an.
amendment. All of which is respectfully submitted.
Mr. Spullock made the following report:
The Committee on Finance to whom was referred the
bill " to provide for disposing of certain lands in the twelfth
and thirteenth districts of the county of Ware, which were
sold under an act passed 23d day of December, 1833, and
which have not been paid for and granted by the purchasers
under said act," have had the same under consideration and
beg leave to submit the following report:
By an act assented to 23d December, 1833, certain lands
* in the 12th and 13th districts of the county of Ware were sold
and became the property of various purchasers.
Your Committee find upon examination, that the said act
of 23d December, 1833, made it the duty of the President
and Directors of the Central Bank to cause these lands to
be sold, without specifying the terms of sale or limiting the
time for purchasers to take out grants.
An act assented to 30th December 1847, without giving
any notice whatever to purchasers, declares that all the
lands in the county of Ware, sold under the provisions of the
act of 23d December, 1833, and which have not been paid
for and granted, shall be deemed and considered as forfeited
to the State, and provides for the sale of the same upon cer¬
tain. conditions. From the timely interposition of his excel-
senate.
349
lency the Governor, the sale did not take place. In his
biennial message to the present Legislature, referring to the
act of 1847, he says, " if the power be conceded to the Legis¬
lature to rescind at 'pleasure a contract made with her citi¬
zens for the purchase of lands, without previous notice of such
intentions, still as the act in question is the only instance
recollected, where the power has been exercised, it was ap¬
prehended any attempt to carry out the provisions of the
law would have involved the State in expensive litigation in
all that class of cases where the entire purchase money has
been paid." From these considerations as well as the fact
that the sale of the remaining lands under the provisions of
said act which Were not fully paid for and granted, would
have caused the State an expense equal to the receipts from
such sale or nearly so, his excellency deems it to the inte¬
rest of the State " to postpone all action and refer the subject
to the present Legislature with a view of having such
amendatory legislation as would diminish the expense of
selling and to secure with greater certainty a fair equivalent
for the lands when sold."
The bill now before your Committee seeks to carry out
the views entertained by his excellency the Governor as
well as to give a reasonable notice to the purchasers, under
the sale made in accordance with the provisions of the law
of 1833, and inasmuch as in the opinion of your Committee
nothing more than an act of justice would be done, we res¬
pectfully, but urgently recommend the passage of the bill.
Mr. Ferrell made the following report, to wit ;
The Committee to whom was referred the bill to be enti¬
tled an act to remove the election precinct in the 96th district
G. M., in the county of Washington, beg leave to make the
following report: That having had said bill under conside¬
ration they offer the accompanying bill as a substitute for
the same, and recommend its passage.
On motion of Mr. Napier, the rule was further suspended,
and the Senate took up the bill of the House of Representa¬
tives for the relief of Richard Bassett and his securities,
which was read the second time and referred to a Committee
of the whole house.
On motion of Mr. Love,
The Senate adjourned until 3 o'clock, P. M.
Three o'clock, p. m.
The Senate met pursuant to adjournment.
Mr. Spullock presented the petition of John Caldwell and
Michael Dickson, praying relief from loss sustained bjf fail-
350
JOURNAL OF THE
ure of the State to comply with the contract made with the
petitioners for the execution of work upon the Western and
Atlantic Rail Road, which was on motion of Mr. Spullock,
without being read, referred to a Committee consisting of
Messrs. Spullock, A. J. Miller and Stell.
The Senate then resumed the unfinished business of the
morning, which, was the reconsideration of so much of the
journal of yesterday as relates to the action of the Senate on
the Majority report, and the passage of the bill therein re¬
commended, entitled an act to alter and amend an act to
carry into effect the alterations and amendment made at the
session of the General Assembly of 1843, in and to the third
and seventh sections of the first article of the Constitution of
this State, assented to 23d December, 1843, so far as relates
to the Senatorial districts.
Upon which motion the yeas and nays were required to
be recorded, and are—yeas 19, nays 21.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, Love,
Augustus Beall, Ferrell, McRae,
Elias Beall, Grubbs, Andrew J. Miller,
Byrd, Hines, James A. Miller,
Blackshear, Thomas Johnston, Quarterman,
James E. Brown, Leonard, James R. Smith.
Clayton,
Those who voted in the negative, are Messrs.
Bailey, John Jones, Rawls,
Joseph E. Brown,. Long, John W. G. Smith,
Bryan, McBee, IraE. Smith,
Chisolm, Mosely, Spullock,
Clark, Murphy, Stell,
Edmondson, Napier, Turner,
Micajah Johnston, Purse, Woods.
So the motion was lost.
Mr. Clark laid on the table the following resolution:
Resolved, That the Standing Committee of the Senate, on
Agriculture and Internal Improvement, report to the Senate as
early as practicable their opinion of the propriety of the State
furnishing aid for improving the navigation of Flint river,
and for the construction of the Southwestern Rail Road, so
as to develope the resources of Southwestern Georgia, a
fertile but neglected part of the State, together with the man¬
ner of accomplishing the same.
Mr. Bailey presented a memorial for the relief of Lucien
Godard, which without being read, was referred to a Com¬
mittee consisting of Messrs. Bailey, Napier and Clark.
On motion,
The Senate adjourned until nine o'clock Monday
mornftig.
SENATE.
351
MONDAY, Jan. 21st, 1850.
The Senate met pursuant to adjournment.
On motion, the Senate took up the special order of the
day, which was the resolutions in relation to the honorable
Thomas B. King, which on motion of Mr. Stell were made
the special order of the day for Mondajr, the 4th day of Feb¬
ruary next.
Mr. Murphy presented the memorial of sundry citizens of
Atlanta, praying the incorporation of a Fire Company in
said city, with the privilege of constituting a Lottery, for the
benefit of said Company, which on motion, was referred
without reading, to a Select Committee, consisting of
Messrs. Murphy, Clayton and Napier.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, " to alter
and change the line between the counties of Ware and
Wayne, so as to include the residence of Thomas Purdom,
James Ammons and Wiley Robinson, in the county of
Wayne."
Mr. Dunham moved to amend the first section, by adding
the words, " and so as to include the residence of Abraham
Knight, jun., of the county of Ware, lot number 417, Sixth.
District, in the county of Wayne," which was agreed to.—
The report as amended, was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to curtail
and simplify civil pleadings, and on the first section being
read as follows, to wit:
Be it enacted by the Senate and House of Representatives of
the State of Georgia, in General Assembly met, and it is hereby
enacted by the authority of the same, That from and after the
passage of this act, the form of an action for words may be
. as follows, to wit:
Georgia, County,
To the Honorable the Court for said County :
The petition of A. B., sheweth that C. D., of said county
has injured and damaged your petitioner in the sum of
dollars, by falsely and maliciously saying, of and concerning
your petitioner, on the day of 18 , the fol¬
lowing false and malicious words, to wit:
'Wherefore your petitioner prays process may issue re¬
quiring the said C. D., to be and appear at the next Superior
Court to be held in' and for said county then and there, to
answer your petitioner's complaint.
Mr. Bailey moved to strike out the>: word Superior,"
which was agreed to. The report as amended, was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
352
JOURNAL OF THE
whole, the bill of the House of Representatives, to protect
the people of this State from, vexatious prosecutions, in cases
where Grand Juries have refused or may hereafter refuse
to find true bills.
Mr. Bailey moved to amend the caption by striking out
the words "have refused or," which was agreed to. The
report as am nded was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to alter, amend and explain the first section
of an act passed for the relief of co-securities, and assented
to 22d of December, 1840, and on the first section being
read as follows, to wit:
" And be it further enacted by the authority aforesaid, That
any security Who may have been or may be sued together
with other securities, and who have omitted or may omit to
sign the original notes or contract as security, and who
when sued, have neglected or may neglect to make special
defence at the trial, showing himself or themselves security
on the original contract and against whom execution has is¬
sued or may hereafter issue, and who have been or may be
compelled to pay off the same, shall upon the showing to the
Court from whence said execution or executions issued, that
he or they were bona fide security on the original contract
and not interested in the original consideration, have an entry
made by the Court that Jhe or they are security or securities
on the execution or executions, and after which and upon
having an entry made by the collecting officer on the execu¬
tion or executions, that the same has been well and truly paid
by such security so paying off and discharging said execution
or executions, shall have control of the same for the purpose
of collecting by levy and sale, from each co-security so sued
together, or such as may be responsible the proportionable
share due by each upon such execution or executions ; pro¬
vided nevertheless that if any should not be responsible, then
the amount so paid on said execution or executions by such .
security is to be equally divided between those securities
who are.'
Mr. Bailey moved to amend by striking out the words
"so sued together, or such as may be responsible," which
was agreed to.
Mr. Bailey moved to amend further, by striking out the
words " provided nevertheless, that if any should not be re¬
sponsible, then the amount so paid on said execution, or
executions by such security, is to be equally divided be¬
tween those securities who are," which was agreed to.
Mr. A. J. Miller moved to amend further by adding as an
additional section the following, to wit:
And be it further enacted, That in all cases where any
Sheriff may be a defendant in execution, it shall be lawful
for the plaintiff to place his execution in the hands of any
SENATE.
353
constable of the county, who shall be, and he is hereby au¬
thorized to levy and sell, as the Coroner or Sheriff of an ad¬
joining county is authorized to do in such cases," which was
agreed to. The report as amended, was-agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, thq bill of the House of Representatives, "to alter
and amend the eleventh and thirteenth sections of the sixth
division of the Penal Code." The report was agreed to,
the bill was read the third time, and on the question "shall
this bill now pass f" the yeas and nays were required to be
recorded, and are yeas 11; nays 24.
Those who voted in the affirmative, are Messrs.
Augustus Beall, McRae, Rawls,
Chisolm, James A. Miller, Stell,
Feriell, Mosely, Woods.
Hines, Murphy,
Those who voted in the negative, are Messrs.
Anderson, Clayton, Love,
Bailey, Eberhart, McBee,
Byrd, Grubbs, Andrew J. Miller,
Blackshear, Micajah Johnston, Quarterman,
James E. Brown, Thomas Johnston, John W. G. Smith,
Joseph E. Brown, William Jones, James R« Smith,
Bryan, John Jones, Spullock,
Clark, Long, Turner.
Sojhe bill was lost.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives "to change
the line between the county of Campbell and the county of
Fayette, so as to add a part of the county of Fayette to the
county of Campbell,' which on motion, was referred to a
Select Committee consisting of Messrs. Bailey, Stell, Love,
John Jones, and James E. Brown. ' .
The Senate took up as the report of the Committee of
the whole, the bill of the House of Representatives for the re¬
lief of Richard Bassett and bis securities. The report was
agreed to, the bill was read the third time and passed, and
on motion of Mr. Napier, the Secretary was directed to re¬
turn the same forthwith to the House of Representatives. ■
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives " to prevent
the assemblage of negroes for religious worship, unless con-^
ducted by white persons and to prevent the licensing of ne¬
gro preachers ,in the county of Putnam," which on motion
was referred to the Committee on the Judiciary.
The Senate took up as the report of the Committee of the
23 ' i
354
JOURNAL OF THE
"whole, the bill of the House of Representatives " to alter and
"amend the 2d and 3d sections of an act passed 29th Decem¬
ber, 1838, entitled an act further to regulate the granting of
retail license and sale of spirituous liquors."
Mr. Bailey moved to lay the report upon the table for the
balance of the session. On which motion, the yeas and nays
were required to be recorded, and are yeas 33; -nays 3.
Those who voted in the affirmative, are Messrs.
Anderson,
Bailey,
Augustus Beall,
Byrd,
Blackshear,
James E. Brown,
Bryan,
Chisolm,
Clayton,
Dunham,
Eberhart,
Edmondson,
F errell,
Grubbs,
Hines,
Micajah Johnston,
Thomas Johnston,
William Jones,
Leonard,
Long,
Love,
James A. Miller,
Mosely,
Murphy,
Napier,
Quarterman,
Rawls,
John W. G. Smith,
James R. Smith,
Spullock,
Stell,
Turner,
Woods.
Those who voted in the negative, are Messrs.
Joseph E. Brown, John Jones, McBee,
So the motion prevailed.
Mr. Woods laid on the table the following resolution :
Resolved, That the Committee on Internal Improvement
and the Cornmittee on the Penitentiary, to whom was re¬
ferred the subject matter of a bill to elect the Chief Engi¬
neer of the Western and Atlantic Rail Road and the Princi¬
pal Keeper of the Penitentiary, be instructed to report to this
'branch of the General Assembly, the subjects respectively
"■submitted to them by to-morrow morning ten o'clock, or as
soon thereafter as may be convenient, which on motion, was
taken up, read and agreed to.
Mr. J. R. Smith reported a bill to regulate the weighing
and marking of Cotton by the several Rail Road Companies
of this State, and to prevent charges for re-weighing, which
* was read the first time.
Mr. William Jones reported a bill to extend the time of
completing and returning the tas; digest for the county of
Lowndes, until the first of October in each arid every year,
and to allow the Collector to make his settlements by the last
day ol December, which was read the first time.
Mr. Long laid on the table the following resolution :
Resolved, That all special Committees be requested to re
port all matters Preferred to them within one week from the
tirrie it is referred, and all matter being in their hands for
more than ohe week, shall be reported on or before Thursj
"ilayfiext. .
SENATE.
355
Mr. Clark laid on the table the following resolution :
Resolved, That after the 22d, the Senate will not enter¬
tain any new matter unless by consent of two-thirds there¬
of, which on motion, was taken up, read and agreed to.
Mr. Stell laid on the table the following resolution :
Resolved, That a Committee of three be appointed on the,
part of the Senate to join such Committee as may be ap¬
pointed on the part of the House of Representatives, to ex¬
amine into the business before the General Assembly and re¬
port at what time the present session of the General Assem¬
bly may adjourn sine die, which on motion, was taken up,
read and agreed to.
Whereupon, the President appointed on the part of the
Senate, Messrs. Stell, Clayton and Edmondson.
On motion of Mr. A. J. Miller, the Senate took up the fol¬
lowing resolution:
Resolved by the Senate and House of Representatives, in Gen¬
eral Assembly met, That both branches of the General As-,
sembly will adjourn on Friday the eighth day of February
next, sine die.
Mr. Stell moved to amend by inserting after the word
" next," the words " or sooner if practicable," which wa»
agreed to, and on the question " snail this resolution now be
adopted ?" the yeas and nays were required to be recorded,
and are yeas 33, nays 6.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, James A. Miller,
Bailey, Edmondson, Mosely,
Augustus Beall, Ferrell, Murphy,
Blackshear, Grubbs, Napier,
James E. Brown, Hines, Quarterman,
Joseph E. Brown, Micajah Johnson, Rawls,
Bryan, Thomas Johnston, John W. G. Smith,
Chisolm, William Jones, James R. Smith, '
Clark, John Jones, Spullock,
Clayton, Leonard, Stell,
Dunham, Andrew J. Miller, Woods."
Those who voted in the negative, are Messrs.
Byrd, Love, McRae,
Long, McBee,, Turner.
So the resolution was adopted and on motion, the Secre
tary was directed to carry the same forthwith to the House
qf Representatives.
The Senate took up as the report of the Committee of the
whole, the bill " for the relief of certain free persons of color
therein named," which on motion bf^Mr. A. J. Miller, was
postponed indefinitely. ,
356
JOURNAL. OF THE
The Senate took up as the report of the Committee of the
whole, the bill to amend and explain the several acts of this
State regulating garnishments, and protect garnishees in
certain cases.
Mr. J. R. Smith moved to postpone the same indefinitely,
On which motion the yeas and nays were required to be re¬
corded, and are yeas 26, nays 12.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, Murphy,
Bailey, Edmondson, Quarterman,
Augustus Beall, Micajah Johnston, Rawls,
Elias Beall, Thomas Johnston, John W. G. Smith,
Blackshear, William Jones, James R. Smith,
James E. Brown, Leonard, Stell,
Bryan, McBee, Turner,
Clark, Andrew J. Miller, Woods.
Dunham, Mosely,
Those who voted in the negative, are Messrs.
Byrd, Grubbs, Love,
Joseph E. Brown, Hin^s, McRae,
Chisolm, John Jones, James A. Miller,
Ferrell, Long, Napier.
So the motion prevailed
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
passed a bill to alter and amend an act entitled an act to
carry into effect the alterations and amendments made at
the session of the General Assembly of 1843, in and to the
third and seventh sections of the first article of the Constitu¬
tion of this State, assented to 23d December, 1843, so far
as relates to the Senatorial Districts.
The Senate took up as the report of the Committee of the
whole, " the bill to regulate the manner of presentments
by the Grand Jures of this State, for the purpose of pre¬
venting malicious prosecutions, and to ensure the effectual
prosecution of such as are not.
Mr. Bailey moved to lay the report upon the table for the
balance of the session, on which motion the yeas and nays
were required to be recorded, and are yeas 33, nays 5.
Those who voted in the affirmative, are Messrs.
Anderson, James E. Brown, Dunham,
Bailey, Joseph E. Brown, Eberhart,
Augustus Beall, Bryan, Edmondson,
Byrd, Chisolm, Ferrell,
Blackshear, Clayton, Grubbs,
SENATE.
357
Hines,
Mioajah Johnston,
William Jones,
John Jones,
Leonard,
Long,
Quarterman,
Rawls,
John W. G. Smith,
Steii,
Turner,
Woods.
McBee,
McRae,
James A. Miller,
Mosely,
Murphy,
Napier,
Those who voted in the negative, are Messrs.
Clark, Love, James R. Smith.
Thomas Johnston, Andrew J. Miller,
So the motion prevailed.
The Senate took up as the report of the Committee of the
whole, the bill to regulate the mode of sueing out Ca. Sa's.
in this State and to modify the proceedings thereon. 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 5, nays 33.
Those who voted in the affirmative, are Messrs.
Chisolm, Long, Woods.
John Jones, Spullock,
Those who voted in the negative, are Messrs.
Anderson,
Baife}7,
Augustus Bealt,
Byrd,
Blackshear,
James E. Brown,
Joseph E. Brown,
Bryan,
Clark,
Clayton,
Eberhart,
Edmondson, Andrew J. Miller,
FerreU, James A. Miller,
Grubbs, Mosely,
Hines, Murphy,
Micajah Johnston, Napier, .
Thomas Johnston, Quarterman,
William Jones,
Leonard,
Love,
McBee,
McRae,
Rawls,
John W. G. Smith,
James R. Smith,
Steil,
Turner.
So the bill was lost.
On motion, the order was suspended and Mr. J. W. G.
Smith offered the following resolution, 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 authorized to draw his warrant in favor of
Jane E. Rice, for whatever amount was due her late hus¬
band, Charles H. Rice, deceased, at the time of his death,
as Secretary of the Executive Department, which on motion,
was taken up, read and agreed to.
Mr. McRae laid on the table the following resolution :
Resolved by the Senate and House of Uepresentatives of the
State of Georgia in General Assembly met, That our Senators
and Representatives in Congress be, and they are hereby
358
journal of the
requested to have established a Weekly Mail Route from
Holmesville, in Appling county, to Reidsville, in Tattnall
county, in this State."
On motion of Mr. Clark, the Senate took up as the report
of the Committee of the whole, the reconsidered bill " to al¬
ter and amend the several acts of this State, so far as they
relate to the counties wherein the trial of claims to personal
property, levied on under execution, shall be had, &c."—
Pending the discussion thereon,
On motion,
The Senate adjourned until three o'clock P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment, and proceeded'
to the consideration of the unfinished business of the morn¬
ing, which was the reconsidered bill to alter and amend the
several acts of this State, so far as they relate to the coun¬
ties wherein the trial of claims to personal property, levied
on under execution, shall be had, &c.
On motion of Mr. Chisolm, the report was laid upon the
table for the present.
Mr. Spullock reported a bill " to authorize administration
on the estate of Charles H. Rice, Esq., deceased, to be
granted by the Court of Ordinary, of Houston county,"
which was read the first time.
Mr. Stell moved that the rule be suspended, and bills of
the House of Representatives for a first and second reading,
be taken up. Upon which motion the yeas and nays were
required to be recorded, and are yeas 17 ; nays 19.
Those who voted in the affirmative, are Messrs.
Bailey, William Jones,
Joseph E. Brown, John Jones,
Bryan, McBee,
Chisolm, Murphy,
Clark, Napier,
Micajah Johnston, Rawls,
Those who voted in the negative, are Messrs.
John W. G. Smith,
Spullock,
Stell,
Turner,
Woods.
Anderson,
Augustus Beall,
Byrd,
Blackshear,
James E. Brown,
Clayton,
Eberhart,
So the motion was lost.
Ferrell, Love,
Gonder, McRae,
Grubbs, Andrew J. Miller,
Hines, James A. Miller,
Thomas Johnston, Quarterman,
Leonard, James R. Smith.
SENATE.
359,
The Senate took up as the report of the Committee of the
whole, the bill "to alter the county line between the coum-
ties of Butts and Henry," which on motion, was referred to
a Select Committee, consisting of Messrs. Bailey, Stell,
Love, John Jones and James E. Brown.
The Senate took up as the report of the Committee of the,
whole, the bill for the relief of Patrick Brady and John My-
rick, of the county of Sumter. The report was agreed to,
the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize the appointment of a Commis¬
sioner for certain purposes connected with the Bank of Da*
rien.
Mr. A. J. Miller moved to amend by striking out " Com¬
missioner," and inserting "Director of Central Bank,"
which was agreed to. The report as amended, was agreed
to, the bill was read the third time and passed.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have agreed
to a resolution for the relief of Jane E. Rice,, widow of
Charles H. Rice, late Secretary of Executive Department,
and ask the concurrence of this branch of the General As¬
sembly, and I am instructed forthwith to bring the same tq
the Senate.
The Senate took up as the report of the Committee of the
whole, the bill to alter and amend the third section of the
first article of the Constitution of this State.
Mr. Clark moved that the bill lie on the table for the pre¬
sent, whereupon the yeas and nays were required to be
recorded, and are yeas 19, nays 18.
Those who voted in the affirmative, are Messrs.
William Jones,
John Jones,
Love,
McBee,
Murphy,
Napier,
Bailey,
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
Edmondson,
Micajah Johnston,
Those who voted in the negative, are Messrs.
Rawls,
John W. G. Smith,,
Spullock,
Stell,
Turner,
Woods.
Anderson,
Augustus Beall,
Byrd,
Blackshear,
James E. Brown,
Clayton,
Eberhart,
Ferrell,
Gonder,
Grubbs,
Hines,
Thomas Johnston,
Leonard,
McRae,
Andrew J. Miller,
James A. Miller.
Quarterman,
Barnes R. Smith.
So the motion prevailed.
360
JOURNAL OP THE
The Senate'took up as^the report of the Committee of the
whole, the bill to alter the line between the counties of Ma¬
rion and Talbot, so as- to add all that part of Marion county
lying north of the old Federal Road to the county of Talbot.
- On motion of Mr. Love the bill was postponed indefi¬
nitely.
The Senate took up as the report of the Committee of the
whole, the bill to remove the election precinct in the 96th
district, G. M., in the county of Washington.
Mr. J. R. Smith offered as a substitue a bill to be entitled
an act to remove certain election precincts therein aamed,
and to establish others, which was received. The report
as amended was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize the Justices of the Inferior Court
of Forsyth cotnty to retain the general tax of said county for
the years 1850 and 1851, to be applied to the building a
brick Court House in said county. The report was dis¬
agreed to, and the bill was lost.
The Senate took up as the report of the Committee of the
whole, the reconsidered bill to change the line between the
counties of talker and Murray, so as to include lots of land
numbers 54, 55, 56 and the east half of lot number 53 in the
27th district and 3d section, now the county of Walker, in
the county of Murray, and for other purposes therein con¬
tained. The report was agreed to, the bill was read the
third time and passed.
Mr. Ferrell moved that the Senate do now adjourn, on
which motion the yeas and nays were required to be re¬
corded, and are yeas 17, nays 19.
Those who voted in the affirmative, are Messrs.
Augustus Beall,
Byrd,
Rlackshear,
James E. Brown,
Clayton,
Eberhart,
Edmondson,
Ferrell,
Gonder,
Grubbs,
Hines,
Thomas Johnston,
McRae,
Andrew J. Miller,
Quarterman,
James R. Smith.
Woods.
Those who voted in the negative, are Messrs.
Anderson,
Bailey,
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
Micajah Johnston,
William Jones,
John Jones,
Leonard,
McBee,
James A. Miller,
Murphy,
Napier,
Rawls,
John W. G. Smith,
Spullock,
Slell,
Turner.
So the motion was lost.
SENATE.
361
The following bills were taken ifp, read a second time and
referred to a Committee of the whole:
A bill to amend the act passed at the last -session of the
General Assembly in relation to the liability of Rail Road
Companies for injury to or destruction of live stock and
other property by the running of cars or locomotives on their
roads, and for other purposes therein contained.
A bill so far as relates to the collection of fines by the
Provost Marshal of the 1st Regiment Georgia Militia.
~ A bill to amend and declare the intention of an act entitled
an act to alter and amend the several Judiciary acts now in
force in this State, so far as relates to Justices Courts, ap¬
proved, December 14th, 1811.
A bill to more effectually provide for the maintenance
and protection of widows and orphans.
A bill to add the present residence of Stephen Houston,
senior, of Irwin county, to the county of Baker.
A bill to change and fix the times of holding the Superior
Courts in the counties of Cobb, Campbell, Carroll, Heard
and Troup, of the Coweta Circuit, and for other purposes
therein named.
A bill to compensate Physicians and Surgeons who shall
be summoned by the Sheriff or Coroner of the county, to
make a post mortem examination for the information of ju¬
ries of inquest.
Mr. Gonder moved to adjourn, on which motion the yeas
and nays were required to be recorded; and are—yeas 18,
nays 18.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, Leonard,
Augustus Beall, Ferrell, McRae,
Byrd, Gonder, Andrew J. Miller,
Blackshear, Grubbs, James A. Miller,
James E. Brown, Hines, Quarterman,
Clayton, Thomas Johnston, James R. Smith.
Those who voted in the negative, are Messrs.
Bailey, Micajah Johnston, Rawls,
Joseph E. Brown, William Jones, John W. G. Smith,
Bryan, John Jones, Spullock,
Chisolm, McBee, Stell,
Clark, Murphy, Turner,
Edmondson, Napier, Woods.
There being a tie, the President voted in the negative.
So the motion was lost.
The following bills were taken up and read a second time
and referred to the Committee of the whole :
A bill to authorize and require the Justices of the Peace
362
JOURNAL OF THE
of the respective districts in the counties of Lumpkin and
Union, to examine and pass upon the qualifications of the
Teachers of poor children.
A bill to alter and change the name of Mathew Richard¬
son Brown, to that of Mathew Downer, and to make him his
legal heir.
A bill to incorporate Euharley Lodge number ninety-seven,
of Paulding county, Georgia.
A bill to authorize a grant to issue to George Crumbly,
as Administrator of the estate of Anthony Crumbly, de¬
ceased.
Mr. Anderson moved that the Senate do now adjourn.
Upon which motion the yeas and nays were required to
be recorded, and are—yeas 20, nays 16.
Those who voted in the affirmative, are Messrs.
Anderson,
Augustus Beall,
Byrd,
Blackshear,
James E. Brown,
Clayton,
Eberhart,
Edmondson,
Ferrell,
Gonder,
Grubbs,
Hines,
McRae,
Andrew J. Miller,
James A. Miller,
Quarterman,
James R. Smith,
Thomas Johnston, Woods.
Leonard,
Those who voted in the negative, are Messrs.
William Jones,
John Jones,
McBee,
Murphy, „
Napier,
Bailey,
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
Micajah Johnston,
So the motion prevailed, and
The Senate adjourned until nine o'clock to-morrow
morning.
Rawls,
John W. G. Smith,
Spullock,
Stell,
Turner.
TUESDAY, JAN. 22, 1850.
The Senate met pursuant to adjournment.
Mr. Joseph E. Brown moved to reconsider so much of the
journal of yesterday as relates to the rejection of the bill of
the House of Representatives, to alter and amend the 2d
and 3d sections of an act passed 29th December, 1838, en¬
titled an act further to regulate the granting of Retail Li¬
cense and sale of Spirituous Liquors, which motion was
lost.
Mr. Stell from the Committeemen Enrolment, reports as
<fulyj enrolled and signed by the Speaker of the House of
SENATE.
363
Representatives and ready for the signature of the President
of the Senate, an act to repeal an act entitled an act to ex~<
tend the corporate limits of the town ofTalbotton.
Also an act to repeal so much of the act entitled an act to
grant certain privileges and immunities to the Hancock
Guards, a Volunteer Company in the county of Hancock,
and to the Harris County Cavalry, a volunteer company in
the county of Harris, as relates to the Harris County
Cavalry.
Also, an act to alter and amend the several acts of this'
State, so as to authorize the Treasurer of the Poor School
fund of the county of Jasper, to take and retain a commis¬
sion out of said fund.
Also, an act to make permanent the site of the public
buildings for the county of Marion, in the town of Buen&
Vista, and to incorporate said town. '
Also, an act amendatory of all acts heretofore passed, al¬
lowing fish traps to be constructed in the Great Ohoopie
river, and the Little Ohoopie river, and to remove allob-
structions to the free passage of fish.
Also, an act to change and fix the time for closing the polls
at the several election precincts in the county of Bulloch,
and for other purposes therein named.
Also, an act to repeal an act entitled an act to incorporate
the Campbeilton Bridge Company, and to authorize them to
build a bridge across Chattahoochee river, approved Dec.,
29th, 1847.
Also, an act to change the line between the counties of
Gwinnett and Walton, so as to include the residence of
Alexander Forrister in the county of Walton, and the resi¬
dence of John McCurdy in the'county of Gwinnett.
Also, an act to amend an act entitled an act to incorporate
the Augusta and Waynesboro Rail Road, passed 31st De¬
cember, 1838, and the acts amendatory thereof.
Also, an act to incorporate Buena Vista Academy in the
county of Greene.
Also, an act to incorporate New Chapel Camp Ground in
Washington county and appoint trustees for the same.
Also, an act for the relief of Robert O'Barr, John F.
Brown, Edward A. Brown, Christopher Dodd, Robert L.
Jones, John L. Terrell and William Hedden, of Cass county.
Also, an act to impose certain duties upon the Trea-^
surer and Trustee of the Poor School Fund of the coun¬
ty of Burke.
Also, an act to incorporate the Georgia Constitutional
Guards; a cavalry company of the county of Troup; the
Sumter Cavalry, of the county of Sumter; the Volunteer
Corps of Dragoons of the county of Houston ; and the Ma¬
rion Blues, an Infantry Company of the county pf Mariofr;
and the Scriven Troop, a Volunteer Cavalry Company of
364
JOURNAL. OP THE
the county of ScriVen, and to grant certain privileges and
exemptions to the same.
Mr. Soullock made the following report:
The Committee to whom was referred the memorial of
Caldwell & Dickson, in relation to a contract with the State
of Georgia, for the grading of four sections on the 4th divi¬
sion of the Western and Atlantic Rail Road, by which com¬
pensation is claimed against the State for a breach of said
contracts,—have had the same under their consideration,
arid from the investigation which they have been enabled to
make, are of opinion that the claim is well founded, and that
they are entitled to some compensation as damages for the
breach of said contract on the part of the State, but the
amount they are unable definitely to determine. They
therefore beg leave to submit the following resolutions :
1st. Resolved by the Senate nnd House of Representatives of
the State of Georgia, in General Assembly met, That the me¬
morial of Caldwell & Dickson, in relation to claims against
the State for damages sustained by them, in consequence of
an alleged breach of the contracts with the said Caldwell
& Dickson, for the grading of the 18th, 19th, 20th and 23d
sections of the 4th division of the Western & Atlantic Rail
Road, with the evidence accompanying the same, with such
other testimony touching the said claim as may be adduced
therein, be referred to the investigation of the Chief Engi¬
neer of the said Western and Atlantic Rail Road, and that
whatever the said Engineer may find to be justly and equita¬
bly due the claimants, be settled by him with the said claim¬
ants in the same manner as other work on said Rail Road is
paid for.
2d. Resolved further, That on the event of the claimants
being dissatisfied with the amount allowed them by the said
Engineer, that they have the right, by filing with the Engi¬
neer a notice in writing of such dissatisfaction, which shall
amount to an appeal to his excellency the Governor, before
whom the whole matter of said memorial and claim shall be
submitted de novo, whose award shall be final and conclu¬
sive in the premises.
3d. Resolved further, That the Chief Engineer be required
to take the testimony of the witnesses produced in writing,
and report the same to the Governor in case of such appeal,
to be good in place of the oral evidence of said witnesses.
Mr. Stell reported a bill to authorize all persons whatever
to establish Ferries and erect Bridges across water courses
or streams on their own land, which was read the first time.
Mr. Gonder reported a bill to compensate Petit Jurors in
the county of Hancock, which was read the first time.
Also, a bill to authorize the Judges of the Superior
Courts of this State to draw a less number than forty-eight
Petit Jurors, which was read the first time.
SENATE.
365
Mr. Joseph E. Brown reported a bill to regulate the time
for the departure and arrival of carson the Western and
Atlantic Rail Road at certain points therein designated,
which was read the first time.
The following message was received from the House of
Representatives by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have agreed
to the substitute of the Senate as an amendment to the bill
of the House to incorporate the Volunteer Corps of Dragoons
in the county of Houston, and to grant certain privileges to
the same.
They have also agreed to the amendments to the bill to
impose certain duties on the Treasurer and Trustee of the
Poor School Fund of the county of Burke.
They have agreed to the amendments of Senate to the
bill to authorize the Justices of the inferior Court of Chat¬
ham county, to pay to the Commissioners of public roads of
said county, one thousand dollars for constructing a cause¬
way in said county ; and to authorize the Commissioners of
the Skidaway ferry and Montgomery road district, to work
the hands liable to road duty on the Island of Skidaway,
three days iu each year in said district.
Also, to the amendment to the bill to incorporate a Volun¬
teer Company of Cavalry in the county of Cass.
Also, to the amendments to the bill to incorporate the
Mount Zion Church in the county of Irvyin.
Also, to the amendments to the bill to authorize James
Gowdy of Lumpkin county, to erect and keep up his bridge
across the Chestatee river in said county, on his own land
and to charge toll.
Also to the amendments to the bill to authorize Grants to
issue in certain cases.
And also to the amendments to the bill to reduce the Offi¬
cial bonds of the Sheriffs hereafter to be elected in the coun¬
ties of Habersham and Hall, from the sum of twenty thou
sand dollars to the sum of ten thousand dollars.
They have agreed to a resolution that the Governor appoint
a competent Agent to ascertain the situation of the fund ap¬
propriated for the improvement of the navigation of the
Great Ogechee river, to collect and pay into the Treasury
any balance which may be found in the hands of the Com¬
missioners, &c.
To which they desire the concurrence of the Senate.
The following message was received from his excellency
the Governor, by Mr. Patton, his Secretary:
Mr. President—His excellency the Governor has approv¬
ed and signed the following acts, to-wit :
An act for the relief of Robert Stephens, Benjamin
.366
JOURNAL OF THE
.Stephens, Jacob Sammons, Barney West and Benjamin
Highfield, securities for the appearance of Benjamin
Stephens before the Superior Court of the county of Dade.
An act to change the name of the Memphis Branch Rail
Road Company of Georgia.
An act to designate and appropriate certain hands to do
road duty on the north prong of the Floyd road, leading from
Springfield to the point where it intersects the main Post
road leading to St. Mary's in the county of Camden.
An act to extend the provisions of an act passed on the
31st December, 1838, entitled an act to admit certain deeds
to be proven and recorded.
,An act to authorize certain deeds to be read in evidence,
£nd make legal the registry of the same.
Also, a joint resolution in relation to the Governor fur¬
nishing Savannah with certain papers, which lam instructed
to return to this branch of the General Assembly, in which
they originated.
The Senate took up as the special order of the day, the
report of the Committee of the whole, the bill of the House,
"to authorize the Southwestern Rail Road Company to
construct its Rail Road through the Public Reserve adjoin¬
ing'the corporate limits ol the city of Macon, and to grant to
said Company the use of part of the said Reserve for a
Depotand on reading the third section as follows :
" And be it f urther enacted, That if a Common Depot shall
be established by law for all the Rail Road Companies at or
near Macon, then the use of said ten acres shall no longer
be enjoyed by said Company."
Mr. Joseph E. Brown moved to amend by striking out the
said section, and inserting in lieu thereof, the following :
"And the Macon and Western Rail Road and the Cen¬
tral Rail Road shall likewise connect their several Roads
with thp South Western Road in said depot, as a common
depot, on the conditions above specified in relation to pri¬
vate rights—provided the city authorities of Macon will not
permit said connection to be made within the corporate lim-
. its of said city, on the said Rail Road Companies paying to
rSaid city such compensation for the violation of the rights of
property belonging to said city or any of its inhabitants as
,$hall be determined to be just and proper to be assessed in
.'the manner herein provided." And provided further that
no rights shall vest under this act, unless each of said sev¬
eral °oads will connect in said common depot. Pending
the discussion thereon,
On motion,
The Senate adjourned until three o'clock,? M.
senate.
367
Three o'clock, P. M.
The Senate met pursuant to adjournment, and proceed¬
ed to the unfinished business of the rhorning, to wit:
The amendment offered by Mr. Joseph E. Brown to the
bilL of the House of Representatives, " to authorize the
South Western Rail Road Company to construct, its Rail
Road through the Public Reserve, adjoining the corporate
limits of the city of Macon, and to grant to said Company
the use of part of the said reserve, for a depot."
Mr. Jos. E. Brown moved to lay his motion to amend on
the table for the present. Upon which motion the yeas and
nays were required to be recorded, g,nd are yeas 24;
nays 16.
Those who voted in the affirmative, are Messrs.
Byrd,
Blackshear,
James E. Brown,
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
Dunham,
Edmondson,
F errell,
Gonder,
Hines,
Micajah Johnston,
John Jones,
Leonard,
Long,
McRae,
Murphy,
John W. G. Smith,
Jra E. Smith,
Spul.lock,
Stell,
Turnerr
Woods.
Those who voted in the negative, are Messrs.
Grubbs,
Thomas Johnston,
Love,
Andrew J. Miller,
James A. Miller,
Mosely,
Napier,
Quarterman,
Rawls,
James R. Smith.
Anderson,
Bailey,
Augustus Beall,
Elias Beall,
Clayton,
Eberhart,
So the motion prevailed.
Mr. Joseph E. Brown moved to amend by striking out the
third section and inserting in lieu thereof the following,«
to-wit:
" And be it further enacted, That the Central Rail Road
and the Macon and Western Rail Road shall also connect
in said Depot as a common Depot, subject to the same pro¬
visions and conditions herein contained in reference to said
South-Western Rail Road.
And be it further enacted, That each of said three Rail
Roads shall pay a tax of fifteen thousand dollars to the State
of Georgia for each and every year until they shall connect
said Roads in one common Depot.—Provided,; that,neither
of said Roads shall pay said tax after it shall have signified
its consent to form said connection bygoing to work inTgood
faith, or making preparations for,said connection." ,And in
case either of said Roads, or any two of them, shall,com-
368
JOURNAL OF THE
mence work for said connection, then only the road refusing
to unite in said Depot, shall be subject to be taxed as above
specified. And in case any damage is done to the rights of
Macon by said connection, it shall be assessed in the manner
now provided by law in case of Rail Road Charters, and
paid jointly by said Companies."
Mr. A. J. Miller called for a division of the question.
Mr. Napier then moved to postpone the bill and amend¬
ments indefinitely. Upon which motion the yeas and nays
were required to be recorded, and are yeas 15, nays 26.
Those who voted in the affirmative, are Messrs.
Anderson,
Augustus Beall,
Clayton,
Eberhart,
Grubbs,
Micajah Johnston,
William Jones,
Love,
Andrew J. Miller,
James A. Miller,
Mosely,
Murphy,
Napier,
Rawls,
James R. Smith.
Those who voted in the negative, are Messrs.
Bailey, Dunham, McRae,
Elias Beall, Edmondson, Quarterman,
Byrd, Ferrell, John W. G. Smith,
Blackshear, Gonder, Ira E. Smith,
James E. Brown, Hines, Spullock,
Joseph E. Brown, Thomas Johnston, Stell,
Bryan, John Jones, Turner,
Chisolm, Leonard, Woods,
Clark, Long,
So the motion was lost.
The question then recurred on " striking out." Upon
which motion the yeas and nays were requird to be record¬
ed, and are yeas 18 ; nays 22.
Those who voted in the affirmative, are Messrs.
Edmondson,
John Jones,
Long,
Andrew J. Miller,
Napier,
Rawls,
Bailey,
Elias Beall,
Byrd,
Joseph E. Brown
Chisolm,
Dunham,
John W. G. Smith,
James R. Smith,
Ira E. Smith,
Spullock,
Stell,
Woods.
Those who voted in the negative, are Messrs.
Ferrell, Leonard,
Gonder McRae,
Grubbs, James A. Miller,
Hines, Mosely,
Micajah Johnston, Murphy,
Thomas Johnston, Quarterman,
William' Jones, Turner,
Anderson,
Augustus Beall,
Blackshear,
James E. Brown,
Bryan,
Clark,
Clayton,
Eberhart,
So the motion was lost.
SENATE.
369
Mr. Joseph E. Brown then moved to amend by adding as
an additional section the amendment last propdsed to the
third section of the bill. Upon which motion the yeas and
nays were required to be recorded, and are yeas 17,
nays 24.
Those who voted in the affirmative are Messrs.
Bailey, William Jones, James R. Smith,
Byrd, John Jones, Ira E. Smith,
Joseph E. Brown, Long, Spullock,
Chisolm, Quarterman, Turner,
Dunham, Rawls, • Woods.
Edmondson, John W. G. Smith,
Those who voted in the negative, are Messrs.
Anderson, Eberhart, Love,
Augustus Beall, Ferrell, McRae,
Elias Beall, Gonder, Andrew J. Miller,
Blackshear, Grubbs, James A. Miller,
James E. Brown, Hines, Mosely,
Bryan, Micajah Johnston, Murphy,
Clark, Thomas Johnston, Napier,
Clayton, Leonard, • Stell.
So the motion was lost.
Mr. Clark moved to amend by adding as an additional
section, the following:
Be it further enacted, That nothing in this act shall prevent
the City of Macon from enjoining the cutting down of tim¬
ber upon the Reserve by said Rail Road, if it can make out
in equity a cause of irreparable mischief on account of the
consequent injury to the health of the people of Macon,"
which was agreed to.
Mr. I. R. Smith moved to amend by adding the following
proviso:
Provided, That the said South-Western Rail Road Com¬
pany shall not locate its Depot on the said Public Reserve,
unless the public authorities of the said City of Macon shall
refuse to allow the said South-Western Rail Road Company
to fix or locate its Depot within the corporate limits of said
city, and on receiving the same, the yeas and nays were re¬
quired to be recorded, and are yeas 14, nays 23.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, Napier,
Bailey, Grubbs, Quarterman,
Augustus Beall, Thomas Johnston, Rawls,
Elias Beall, Andrew J. Miller, James R. Smith.
Clayton, James A. Miller,
24
370
journal of the
Those who voted in the negative, are Messrs.
Byrd,
Blackshear,
James E. Brown,
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
Edmondson,
Ferrell,
Gonder,
Hines,
Micajah Johnston,
William Jones,
John Jones,
Leonard,
Long,
McRae,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
So the motion was lost.
Pending the question' on agreeing to the report as amend¬
ed, Mr. Napier moved to adjourn. On which motion the
yeas and nays were required to be recorded, and are yeas
27, nays 11.
Those who voted in the affirmative, are Messrs.
Anderson,
Bailey,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Bryan,
Clark,
Clayton,
Dunham,
Eberhart,
F errell,
Gonder,
Grubbs, -
Hines,
Leonard,
McRae,
Andrew J. Miller,
James A. Miller,
Mosely,
Napier,
Quarter man,
Thomas Johnston, James R. Smith,
William Jones, Woods.
Those who voted in the negative, are Messrs.
Joseph E. Brown, Murphy, Spullock,
Chisolm, Rawls, Stell,
John Jones, JohnW. G. Smith, Turner.]
Long* Ira E. Smith.
So the motion was carried.
The Senate then adjourned until nine o'clock to-morrow
morning.
WEDNESDAY, January 23d, 1850.
The Senate met pursuant to adjournment.
Mr. Stell moved to lay the unfinished business of yester¬
day on the table for the present, to wit: The report of the
committee of the whole on the bill of the House of Repre¬
sentatives, " to authorize the Southwestern Rail Road Com¬
pany to construct its Rail Road through the Public Reserve,
adjoining the corporate limits of the city of Macon, and to
grant to said Company the use of a part of said Reserve for
a Depot," which was agreed to.
SENATE.
371
. Mr. Murphy reported a bill to authorize the raising and
establishing a Fire Company in the city of Atlanta, which
was read the first time.
On motion of Mr. Love, the Senate took up as the re¬
port of the committee of the whole, " the bill to pardon
Jonathan Studstill, of the county of Lowndes. The report
was agreed to, the bill was read the third time and passed;
and on motion, the Secretary was directed to carry the
same forthwith to the House of Representatives.
Mr. Long moved to take up the bill of the House of Rep¬
resentatives, " to alter and amend an act entitled an act to
carry into effect the alterations and amendments made at
the session of the General Assembly of 1843, in and to the
third and seventh sections of the first article of the Consti¬
tution of this State, assented to 23d December, 1843, so far
as relates to the Senatorial Districts." Upon which motion
the yeas and nays were required to be recorded, and are
yeas 21; nays 19.
Those who voted in the affirmative, are Messrs.
Bailey,
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
Edmondson,
Micajah Johnston,
William Jones,
John Jones,
Long,
McBee,
Mosely,
Murphy,
Purse,
Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
Those who voted in the negative, are Messrs.
Ferrell, Love,
Gonder, McRae,
Grubbs, Andrew J. Miller,
Hines, James A. Miller,
Thomas Johnston, Quarterman,
Leonard, James R. Smith.
Anderson,
Augustus Beall,
Byrd,
Blackshear,
James E. Brown,
Clayton,
Eberhart,
So the motion prevailed, and the bill was read the first
time.
The following message was received from his excellency
the Governor, by Mr. Patton, his Secretary :
Mr. President—I am instructed by the Governor to lay
before the Senate a communication in. writing, in answer to
its resoultion of inquiry, asking for information in reference
to certain charges made as to the mismanagement of the
Western and Atlantic Rail Road, by a meeting of the citi¬
zens of Macon, on the 10th inst.
On motion of Mr. J. R. Smith, the Senate took up the fol¬
lowing resolution from the House of Representatives, to wit:
Resolved by the Senate and House of Representatives, That
372
JOURNAL OF THE
his excellency the Governor, is hereby authorized to draw
his warrant in favor of Jane E. Rice, the widow of Charles
H. Rice, late Secretary ol the Executive Department, for
whatever amouut may have been due said Rice for salary,
at the expiration of the quarter within which said Secretary
departed this life, and that said warrant shall be sufficient
authority to the Treasurer for payments made pursuant to
the same. . -
Mr. Bailey moved to amend, by adding after the words
" and," " also whatever expenses may have been incurred
in the burial of the deceasedwhich was agreed to. The
resolution as amended, was concurred iq, and on motion,
the Secretary was directed to carry the same forthwith to
the House of Representatives.
Mr. J. R. Smith laid on the table the following resolu¬
tion :
Resolved by the Senate and House of Representatives, That
the Surveyor General of the State of Georgia be, and he is
hereby authorized to employ, if necessary,, a Clerk to aid
him in the business of his office, who shall be entitled to the
sum of six hundred dollars for his services for one year;
which on motion was taken up.
Mr. John Jones moved to amend by inserting six hundred
dollars for Clerk to Secretary of State, which was lost. On
motion, the resolution was laid on the table for the present.
Mr. Stell, from the Committee on Enrolment, reports as
duly enrolled and signed by the Speaker of the House of
Representatives, and ready for the signature of the Presi¬
dent of the Senate, an act to incorporate a Volunteer Com¬
pany of Cavalry, in the county of Cass.
Also, an act to authorize James Gowdy, of Lumpkin
county, to erect and keep up his bridge across the Chestatee
River in said county, on his own land, and to charge toll.
Also, an act to incorporate Mount Zion Church, in the
county of Irwin, and appoint Trustees for the same.
Also, to revive and make of force the act incorporating
the Trustees of the Presbyterian Church in the town of
Milledgeville.
Also, an act for the relief of Richard Basset and his Se¬
curities.
Also, an act to authorize the Justices of the Inferior Court
of Chatham county to pay to the Commissioners of Public
Roads of said county, one thousand dollars for constructing
a causeway in said county, and to authorize the Commis¬
sioners of Skidaway Ferry and Montgomery Road District,
to work the hands liable to road duty on the Island of Skid-
away, three days in each year in said District.
Also, an act to reduce the Official Bonds of the Sheriffs
hereafter to be elected in the counties of Habersham and
SENATE.
373
Hall, from the sum of twenty thousand dollars, to the sum
of ten thousand dollars.
Also, an act to provide for the granting of those square
lots and fractions of land which were suspended from the
sales contemplated by the act assented to December, 1847,
providing for the sale of undrawn lots and ungranted frac¬
tions in the lotteries heretofore had in this State.
The Senate took up as the report of the Committee of the
whole, the bill "to add the present residence of Stephen
Hurst, senior, of Irwin county, to the county of Baker." The
report was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, the bill " to more effectually provide for the mainte¬
nance and protection of widows and orphans." On the fol¬
lowing part of the first section being read, to wit: "In case
any husband shall die, leaving a wife and children, or an
orphan child or children under age, and the whole estate of
said deceased shall not be more than sufficient to pay the
debts of said deceased, then and in that case, the said wife
and child, or children or orphans, shall be permitted to hold
and enjoy for their support and maintenance, free from levy
and sale for any debt or demand which existed against the
husband or father at the time of his death, the sum of one
hundred dollars worth of such effects as they or their guar¬
dians may select for their welfare and comfort."
Mr. Grubbs moved to amend by striking out the word
" one," before the word " hundred," and inserting the word
" five," in lieu thereof, which was lost. The report was
agreed'to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to amend and declare the intention of an act
entitled an act to alter and amend the several Judiciary acts
now in force in this State, so far as relates to Justices Courts,
approved December 14th, 1811. The report was agreed to,
the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill so far as relates to the collection of fines by
the Prevost Marshal of the 1st Regiment Georgia Militia.—
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill to amend the act passed at the last session
of the General Assembly in relation to the liability of Rail
Road companies for injury to, or destruction of live stock
and other property, by the running of cars or locomotives on
their roads, and for other purposes therein contained. 1 The
report was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
374
JOURNAL OF THE
whole, the bill to compensate Physicians and Surgeons who
shall be summoned by the Sheriff or Coroner of the county,
to make a post mortem examination for the information of
Juries of Inquest, which on motion was referred to a Select
Committee consisting of Messrs. J. R- Smith, Purse and
Love.
The Senate took up as the report of the Committee of the
whole, the hill to authorize and require the Justices of the
Peace of their respective districts in the counties of Lumpkin
and Union to examine and pass upon the qualification of the
Teachers of poor children, which on motron, was referred
to the Committee on Public Education and Free Schools.
The Senate took up as the report of the Committee of the
whole, the hill to alter and change the name of Matbew
Richardson Brown, to that of Mathew Downer, and to make
him his legal heir. The report was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize a grant issue to George Crumbly
as Administrator of the estate of Anthony Crumbly,, de-
cersed. The report was agreed to, the hill was read the
third time and passed.
The bill to incorporate Hiram Lodge No. 51 of Free and
Accepted Masons in the county of Wilkes, was taken up-and
read the second time aiid referred to a Select Committee
consisting of Messrs. Stell, Bailey, Love, John Jones and
James E. Brown.
The following bills were taken up, read the second time
and referred to the Committee 'of the whole, to wit:
A bill to authorize certain actions at law.
A bill to- incorporate the Back River Wharf and Canal
Company, and for other purposes therein mentioned.
A bill to authorize the Justices of the Inferior Court of the
county of Crawford to levy extraordinary taxes for county
purposes, and to fund the debts due by said county, and to
issue Scrip thereon.
A bill toincorporate the Cherokee Insurance and Banking
Company.
A bill to regulate taking testimony by Interrogatories, for
the Courts of this State, and to confer certain powers in the
Judges of the Superior Courts when in Convention to revise
the rules of practice in relation to this subject.
A bill for the relief of John T. Humphries of the county of
DeKalb.
A bill to authorize Notarys Public to attest all instruments
in writing, and to administer oaths, &c.
A bill to establish a Justices Court at Holmesvitle, in Ap¬
pling county, to define the limits of the district and provide
for the election of two Justices of the Peace and a Constable,
as officers of said Courts.
SENATE.
375
A bill to authorize William S. Nichols oi the county of
Ware, to plead and practice law in the several Courts of
Law and Equity in the 12th district of the county of Ware,
on his undergoing a proper examination according to Law.
A bill to amend an act to change the place of holding the
Justices Court in the 26 th district, of Georgia Militia in the
county of Glynn.
A bill to change the manner of electing Justices of the
Peace and Constables of this State.
A bill to authorize A. K. Blackwell of Murray county to
establish a toll bridge across the Connasauga river, on his
own land, and to fix the rates of toll on the same.
A bill to make it the duty of Superintendents or Managers
of elections in this State to cause the ballots of the voters to
be numbered.
A bill to incorporate a Bank in the City of Savannah to be
called the Bank of Savannah.
A bill to appropriate certain road hands in the county of
Camden and appoint Commissioners for the same.
A bill to authorize the County officers of the counties of
Jrwin and Telfair to publish in any public gazette in the
towns of Milledgeville, Macon and Albany.
A bill to authorize John Duff of the county of Telfair in
this State, to peddle upon goods, wares and merchandize
within the counties of Telfaii: and Irwin, without a license,
and without being subject to pay any tax therefor.
A bill to prohibit the citizens of the State of North Caro¬
lina from driving and pasturing their cattle in Union county.
A bill to amend an act approved December the tenth,
1803, to authorize the Justices of the Inferior Courts of this
State to discharge Insolvent debtors confined by process,
from any Court of this State whatever, so far as to amend
the caption of the same.
A bill requiring the Clerks of the Superior and Inferior
Courts of the county of Pike to appoint Deputies residing in
the City of Griffin.
A bill to authorize Jesse P. Prescott, of the county of
Lowndes to establish a ferry over the Allappaha river on his
own land, and to prescribe the rates of ferriage, and for
other puiposes therein named.
A bill to authorize the Judges of the Superior Courts of
this State to draw a less number than forty-eight Petit
Jurors.
A bill to compensate Petit Jurors in the county of Han¬
cock.
A bill to authorize Samuel Rutherford of Crawford coun¬
ty, and George W. Towns of Baldwin county, to establish'
a ferry across Flint river on their own land, and for other
purposes.
A bill to regulate the time for the departure and arrival of
376
JOURNAL OF THE
cars on the Western and Atlantic Rail Road at certain points
therein designated.
A bill to regulate the weighing and marking of cotton by
the several Rail Road Companies of this State, and to pre¬
vent charges for re-weighing.
A bill to alter and change the Election Precinct of the
904th district, G. M., in the county of Lowndes.
A bill to incorporate the Cooper's Gap Turnpike Com¬
pany of Lumpkin and Union counties, and to grant certain
privileges to the same.
A bill to legalize the precepts from the Superior Courts of
Floyd county, and to authorize the drawing of Juries for
said Courts.
A bill to extend the time of completing and returning the
tax digest for the county of Lowndes until the first of Octo¬
ber, in each and every year, and to allow the Collector to
make his settlements by the last day of December.
A bill to authorize administration on the estate of Charles
H. Rice, Esq., deceased, to be granted by the Court of Or¬
dinary of Houston county.
A bill to authorize the Tax Collector of the county of Ir¬
win to retain the State taxes for the year 1850, and pay over
the same to the County Treasurer for county purposes.
A bill to authorize and require the Governor of the State
of Georgia to call a convention of the people of this State.
,* A bill to authorize all persons whatever to establish and
erect Ferries and Bridges across water courses or streams
on their own land.
The bill to amend an act to establish a general system of
education by Common Schools in the State of Georgia, so
far as relates to the county of Murray, was taken up, read
the second time, and referred to the Committee on Public
Education and Free Schools.
The following bills of the House of Representatives were
taken up and read the first time, to wit:
A bill to extend the provisions of the act of 1799, in rela¬
tion to notices to produce papers, books, writings^ &c., so as
to embrace causes in equity, &c.
A bill to reduce the price of Public Printing.
A bill to alter and amend an act entitled an act to alter
-and amend the several acts incorporating the City of Macon,
assented to December 27, 1847.
A bill to amend the laws relating to guardianship in this
State, so as to compel persons making application for letters
of guardianship, to give a thirty days notice before such
letters are granted.
A bill to alter and amend the twelfth section of the second
article of the Constitution of the State of Georgia.
A bill to alter and amend the third section of the third
article of the Constitution of the State of Georgia.
senate.
377
A bill to extend the jurisdiction of Justices of the Peace
in this State, so as to authorize them to try actions sounding
in damages when the verdict does not amount to more than
thirty dollars, and for other purposes therein named.
The bill of the House of Representatives to prohibit en¬
croachments upon the sovereign rights of the State of Geor¬
gia by foreign Banking Institutions and their Agents, within
the limits of the State, and for other purposes therein speci¬
fied, was taken up, read the second time, and on motion re¬
ferred to the Committee on Banks.
Mr. Ferrell moved to have fifty copies printed for the use
of the Senate, which motion was lost.
On motion of Mr. Clark, the Senate took up the following
resolution, which was read and agreed to:
Resolved, That the Standing Committee of the Senate on
Agriculture and Internal Improvement, report to the Senate
as early as practicable, their opinion of the propriety of the
State furnishing aid for improving the navigation of Flint
River, and for the construction of the Southwestern Rail
Road, so as to develope the resources of South Western
Georgia, a fertile, but neglected part of our State, together
with the manner of accomplishing the same.
On motion,
The Senate adjourned until three o'clock, P. M.
Three o'clock, p. m.
The Senate met pursuant to adjournment.
Mr. Grubbs reported a bill for the relief of Andrew J.
Cowart, which was read the first time.
Mr. Turner reported a bill to repeal an act entitled an
act to authorize a Grant to issue to John P. Dodson, of the
county of Fayette, to Lot No. 264, in the Fifth District, in
the county of Irwin, approved Dec. 30, 1837, which was
read the first time.
;Mr. Spullock reported a bill to provide for the collection
and safe keeping of the revenues of the Western and Atlan¬
tic Rail Road, to furnish those who may attempt to defraud
the same, and fox other purposes therein contained, which
was read the first'frtaie.
On motion of Mr. Spullock, the report heretofore made by
the Committee on Caldwell and Dickson's claim against the
State of Georgia for an alleged breach of contract for the
grading of four sections on the fourth division of the West¬
ern and Atlantic Rail Road, to which contract the State of
Georgia and said Caldwell and Dickson we're parties, was
taken up, read and agreed to. The Secretary was directed
* to carrv the same forthwith to the TTouse.
878
journal of the
On motion of Mr. Ferrell, the Senate took up as the report
of the Committee of the whole, the bill to change and fix
the time of holding the Superior Courts in the counties of
Cobb, Campbell, Carroll, Heard and Troup, of the Coweta
Circuit, and for other purposes therein named, and on read¬
ing the first section as follows:
Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Georgia in General Assembly met, and it
is hereby enacted by the authority of the same, That from and
after the passage of this act the Superior Courts in the coun¬
ty of Cobb shall be held on the first Monday in April and
October in each and every year, and hold two weeks in said
county of Cobb, if necessary to do the business before the
said Courts; in the county of Campbell on the third Mon¬
day in April and October in each and every year; in the
county of Carroll on the fourth Monday in April and Octo¬
ber iri each and every year; in the county of Heard on the
first Mondoy in May and November in each and every year,
and hold only one week in said county of Heard, and in the
county of Troup on the second Monday in May and Novem¬
ber in each and every year, and that all writs, bills, proces¬
ses, declarations and other proceedings returnable to said
Courts at the time of heretofore holding the same, be taken
and considered as returned to said Courts at the time speci¬
fied in this act for said Courts to be holden.
Mr. Ferrell moved to amend so as to allow the county of
Troup to hold two weeks, which was agreed to.
Mr. Joseph E. Brown moved to amend by striking out af¬
ter the word "Cobb" the following, to-wit: "Shall be held
on the first Monday in April and October," and insert in
lieu thereof, " shall be held on the first Mondays of June and
December." On which motion, the yeas and nays were
required to be recorded, and are yeas 19, nays 21.
Those who voted in the affirmative, are Messrs.
William Jones,
John Jones,
McBee,
Napier,j
Purse,
Rawls,
Bailey,
Joseph E. Brown,
Chisolm,
Clark,
Dunham,
Edmondson,
Micajah Johnston,
Those who voted in the negative, are Messrs.
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Bryan,
Clayton,
Eberhart,
Ferrell,
Gonder,
Grubbs,
Hines,
Thomas Johnston,
Leonard,
Long,
McRae,
Andrew J. Miller,
James A. Miller,
Mosely,
Murphy,
Quarterman,
James R. Smith.
So the motion was lost.
SENATE.
37$
The report as amended was agreed to, the bill was read
the third time and passed.
Mr. Bailey made the following report, to-wit:
The special Committee to whom was referred the bill to
alter the county line between the counties of Butts and
Henry, have had the same under consideration and report it
back to the Senate, and recommend its passage with an
amendment.
The Senate took up as the report of the Committee of the
whole, the bill to alter the county line between the counties
of Butts and Henry,
On the first section being read as follows, to-wit:
Be it enacted by the Senate and House of Representatives of
the State of Georgia, in General Assembly met, and it is hereby
enacted by the authority of the same, That from and after the
passage of this act the county line between the counties of
Butts and Henry be and the same is hereby altered so as to
include the residences of A. P. Johnson, William Young and
Andrew J. Gremmett, now in the county of Henry, and that
their residences and the lands on which they now reside be
added to and become part of the county of Butts.
Mr. Bailey moved to amend by inserting after the words
"Andrew J. Gremmett" and before the word "now" the
following: "William B. Shields, Paschal H. Jackson, Jon¬
athan Collins, George R. Lewis, Minton Jinks, Jesse Hend-
ly, Isaac N. Bishop and Martin Conger," which was agreed
tos The report as amended, was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill " to provide for disposing of certain lands in
the twelfth and thirteenth districts of the county of Ware,
which were sold under an act passed the 23d day of De¬
cember, 1833, and which have not been paid for and grant¬
ed by the purchasers under said act," which on motion was
recommitted to the Committee on Finance.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to abolish,
change and establish election precincts in the several coun¬
ties hereinafter named.
Mr. Clark moved to amend the bill by changing and es¬
tablishing various election precincts, which was agreed to.
Mr. Stell moved to amend by striking out the following:
"And that there be an additional election precinct establish¬
ed at the house of Williarn Kembell, to be known as the Lo¬
cust Grove precinct in Henry county," which was agreed, to.
Mr. Byrd moved to amend by striking out the following,
to-wit:
"Also, that the election precinct in Hall county hereto¬
fore known as Martin's precinct, be and the same is hereby
JOURNAL OP THE
removed to the place of holding Justice's Courts in said dis¬
trict," which was agreed to.
Mr. Stell moved to amend by striking out the following,
to-writ:
"And that the election precinct in the 489th district,
Georgia Militia, be and the same is hereby abolished,"
which was agreed to.
On reading the third section as follows:
" And that the election precinct near the Court House at
Free River in Marion county, be and the same is hereby re¬
moved to the house of Jesse Wall."
Mr. John W. G. Smith moved to amend by striking out
the words "Free River" and inserting in lieu thereof "Trick-
ham" in the 807th district, Georgia Militia, and by inserting
after the words "Jesse Wall," as follows: "961st district in
Marion county," which was agreed to.
Mr. Woods moved to amend by adding the following as
an additional section:
" And be it further enacted, That the Inferior Courts of the
several counties of this State shall have power to establish
election precincts in their respective coupties."
Mr. John Jones moved to amend the amendment by ad¬
ding the following: " Not to exceed one in each Militia Dis¬
trict," the amendment as amended was agreed to. The re¬
port as amended, was agreed to, the bill was read the third
time and passed.
On motion of Mr. J. R. Smith, the Senate took up as the
report of the Committee of the whole, the bill "to alter and
amend the third section of the first article of the Constitution
of this State."
On the first section being read as follows:
" Be it enacted by the Senate and House of Representatives
of the State of Georgia in General Assembly met, and it is
hereby enacted by the authority of the same, That as soon as this
bill shall be passed agreeably to the requirements of the Con¬
stitution, the following shall be adopted in lieu of so much of
the third section of the first article of the Constitution as re¬
lates to the Senate. The Senate shall be elected biennially
on the first Wednesday in October, and shall consist of one
member from each county now constituted or which may
hereafter be constituted by law.
Mr. A. J. Miller moved to amend by striking out all after
the words "first article of the Constitution" and inserting in
lieu thereof, the following, to wit:-
"The Senate shall be composed of one Senator from each
county chosen biennially by the electors thereof, on the first
Monday in October, until the day of election is altered by
law, and for the term of four years. Immediately after they
shall be assembled, in consequence of the first election, they
shall be divided by lot as nearly as may be into two classes.
SENATE.
381
The seats of those of the first class shall be vacated at the
expiration of the second year, and of the second class at the
expiration of the fourth year, so that one half may be chosen
every second year." .
Mr. J. R. Smith moved to amend Mr. Miller's amendment
by striking out all after th£ words "is altered by law," which
was agreed to.
Mr. Long moved to amend by adding the following pro¬
viso to-wit:
Provided, that the provisions of this bill shall not take efi
feet until after the expiration of seven years," which was lost.
The amendment, as amended was agreed to. The report
as amended was agreed to, the bill was read the third time>
and on the question " shall this bill now pass ?" the yeas and
nays were required to be recorded, and are yeas 37, nays 2.
Those who voted in the affirmative, are Messrs.
Anderson, Edmondson, McRae,
Bailey, Ferrell, . Andrew J. Miller,
Augustus Beall, Gonder, James A. Miller,
Elias JBeall, Grubbs, Mosely,
Byrd, Hines, Napier,
Blackshear, Micajah Johnston, Quarterman.
James E. Brown, • Thomas Johnston, Rawls,
Joseph E. Brown, William Jones, John Wr. G. Smith,
Bryan, John Jones, James R. Smithy
Chisolm, Leonard, Ira E. Smith,
Clark, Long, Spullock,
Clayton, Love, Turner,
Dunham, McBee, Woods.
Eberhart,
, Those who voted in the negative, are Messrs.
Murphy, Stell.
So their being a constitutional majority the bill was
passed.
The Senate took up as the report of the Committee of the'
whole the bill of the House of Representatives "to fix and
make permanent the places of holding elections at the seve¬
ral precincts in the county of Murray."
Mr. Clark moved to amend by adding the following as an
additional section, to wit:
" And be it further enacted by the authority aforesaid, That
all and singular the provisions of this act are hereby extend¬
ed to i he county of Dade, which was agreed to. The report
as amended was agreed to, the bill was read the third time
and passed.
Mr. Dunham laid upon the table the following resolution,
to wit:
382
journal op the
Resolved by the Senate and House of Representatives, That
the Surveyor General and the Secretary of State be author¬
ized to employ two clerks each, during the session of the Gen¬
eral Assembly and for two months after its adjournment, and
that they be entitled to jeceive the same amount for their ser¬
vices hitherto allowed to Clerks of the Departments.
On motion,
The Senate adjourned until to-morrow morning nine
o'clock.
THURSDAY, January 24th, 1850.
The Senate met pursuant to adjournment.
Messrs. Clark, Anderson and Long asked and obtained
leave to record their votes upon the passage of the bill " to
alter and amend the Third SeGtion of the First Article of the
Constitution of this State," and their votes were accordingly
recorded upon the Journal of yesterday, in the affirmative.
On motion of Mr. Woods, the Senate reconsidered so
much of the Journal of yesterday as relates to the passage
of the bill " to more effectually provide for the protection and
maintenance of widows and orphans."
On motion of Mr. Love, the Senate reconsidered so much
of the Journal of yesterday as relates to the passage of the
bill " to abolish, change and establish Election Precincts in
the several counties hereinafter named."
On motion of Mr. Clark, the Senate took up the bill of the
House of Representatives, entitled an act to alter and amend
an act entitled an act to carry into effect the alterations and
amendments (made at the session of the General Assembly
of 1843,) in and to the third and seventh sections of the
first article of the Constitution of this State, assented to 23d
December, 1843, so far as relates to the Senatorial districts,
which was read the second time.
Mr. Stell moved that the bill be engrossed.
On which motion the yeas and nays were required to
be recorded, and are—yeas 22, nays 19.
Those who voted in the affirmative, are Messrs.
Bailey,
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
Edmondson,
Mieajah Johnston,
William Jones,
John Jones,
Long,
McBee,
Mosely,
Murphy,
Napier,
Purse,
Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
SENATE.
383
Those who voted in the negative, are Messrs.
Anderson, Eberhart, Leonard,
Augustus Beall, Ferrell, Love,
Eiias Beall, Gonder, McRae,
Byrd, Grubbs, Andrew J. Miller)
Blackshear, Hines, Quarterman,
James E. Brown, Thomas Johnston, James R. Smith.
Clavton,
•/ 7
So the motion prevailed, and the bill was ordered to be
engrossed.
Mr. Ferrell reported a bill to amend an act in relation to
the duties of Clerks of the Courts of Ordinary, and the ap-
pointment of Administrators and Guardians in certain cases,
passed on the 21st day of December, 1839, which was read
the first time.
Mr. James E.Brown reported a bill to exempt Rhysicians,
Surgeons and Accouchers, from jury duty, which was read
the first time.
On motion of Mr. Woods the Senate took up as the report
of the Committee of the whole, the reconsidered bill to more
effectually provide for the maintenance and protection of
widows and orphans, the third section being read as fol¬
lows :
And be it further enacted. That nothing herein contained
shall so be construed as to take from Widows and Orphans
any property now allowed them by law.
Mr. Woods moved to amend by inserting the words "and
rights" after the word "property," which was agreed to.—
The report as amended was agreed to, the bill was read the
third time and passed.
Mr. Spullock from the Finance Committee to whom was
referred the memorial of John Dickson, praying compensa¬
tion for services rendered by his father, Michael Dickson,
as a Captain of Minute-men in the State of Georgia during
the war of the Revolution ; and to whom was referred the
bill to be entitled an act to relieve the tax payers of this
State, so far as relates to the payment of Poll Tax, re¬
ported unfavorably upon said memorial—and to the passage
of said bill.
The Senate took up as the report of the Committee of the
whole, the bill "to authorize certain actions at law."
Mr. A. J. Miller offered as a substitute for the bill, the fol¬
lowing :
"A bill to authorize certain actions at law, and to pre¬
vent the abatement of certain other actions."
" And be it enacted by the Senate and House of Repre¬
sentatives of the Slate of Georgia in Genet al Assembly met, tttod
it 'is hereby enacted by the authority of the saute^ That when a
party who sues or is sued in a representative character,
384
JOURNAL OP THE
either at law or in equity, shall depart, or hath departed
this life, the suit shall not abate for such cause, but the
same shall proceed in the name of his, her, or their suc¬
cessor or successors who shall be made a party to the same,
on motion to the Court in which said cause is pending, up¬
on twenty days notice of said intended motive being given
to the opposite party, or his, her, or their attorney at law,"
which was received. The report as amended was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of
the whole, the bill "to regulate the taking of testimony by
interrogatories for the Courts of this State, and to confer cer¬
tain powers on the Judges of the Superior Courts when in
Convention, to revise the rules of practice in relation to this
subject," which on motion, was referred to the Judiciary
Committee.
The Senate took up as the report of the Committee of the
whole, the bill to authorize Notaries' Public to administer
oaths, &c.
Mr. Love moved to amend by striking out the first section,
which was agreed to.
The second section being read as follows:
" And be it further enacted, That Notary's Public are here¬
by declared competent to administer oaths as Justices of the
Peace may do, and to receive the same compensation there¬
for."
' Mr. A. J. Miller moved to amend by adding the following
after the words " piay do," "in relation to the probate of
deeds and other instruments," which was agreed to. The
report as amended was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize the Justices of the Inferior Court
of the county of Crawford to levy extraordinary taxes for
county purposes, and to fund the debts due by said county
and to issue scrip thereon. The report was agreed to, the
bill was read the third time and passed.
On motion the Secretary was directed to carry the same
forthwith to the House of Representatives.
The Senate took up as the report of the Committee of the
whole, the bill to change the manner of electing Justices of
the Peace and Constables of this State. The report was
disagreed to, and the bill was lost.
The Senate took up as the report of the Committee of the
whole, the bill to make it the duty of Superintendents or
Managers of Elections in this State to cause the ballot3 of
certain voters to be numbered.
Mr. A. J. Miller moved to amend the first section by
adding the words following, to wit: " In case such vote is
challenged," which was agreed to. The report as amended,
senate.
385
was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate the 4'Back River Wharf and
Canal Company, and for other purposes therein mentioned.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill to establish a Justice's Court at Holmesville,
in A,ppling county ; to define the limits of the District, and
provide for the election of two Justices of the Peace and a
Constable, as officers of said Court.
On reading the second section as follows :
Sec. 2d. And be it farther enacted, That the Court District
shall be ten miles square, the Court House in said village
being tbe centre thereof.'
Mr. McRea moved to amend by striking out " be ten
miles," and inserting 44 shall not exceed twenty miles
square," which was agreee to. The report as amended was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to incorporate the Cherokee Insurance and
Banking Company.
Mr. A. J. Milier moved to amend by adding the following
to the first section, to wit:
44' Which acts shall be conformed to in the organization of
the company hereby intended to be incorporated—notice of
the opening of books for subscription being also given in a
public gazette at Dalton," which was agreed to.
On the second section being read as follows, to wit:
44 The capital stock of said company shall consist of one
'thousand shares of one hundred dollars each, which may be
increased to five thousand shares, and the said Company
may commence business in the city of Dalton when twenty-
five per cent of their capital stock shall have been paid in
specie or the notes of specie-paying Banks."
Mr. A. J. Miller moved to amend by striking'out the word
44one," before the word "thousand," and inserting in lieu
thereof the word 44 five;" and also, by striking out the words
44 which may be increased.to five thousand shares;" which
was agreed to.
On motion of Mr. Ferrell, the bill and amendments were
referred to the Committee on Banks.
The Senate took up as the report of the Committee of the
whole, the bill 44 to authorize A. K. Blackwell, of the coun¬
ty of Murray, to establish a Toll Bridge across the Conna-
sauga River, on his own land, and fix the rates of toll for
the same."
Mr. Edmondson moved to amend the first section,, by
striking out the words 44 five cents for each footmanwhich
£5
386
JOURNAL OF THE
was agreed to. The report as amended, was agreed to,
the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill "to prohibit the citizens of the State of North
Carolina from driving and pasturing their cattle in the coun¬
ty of Union ;" which on motion, was referred to the Com¬
mittee on the Judiciary.
The Senate took up as the report of the Committee of the
whole, the bill " to authorize William S. Nichols, of the
counly of Ware, to plead and practice law in the several
Courts of law and equity in the Twelfth District of' the
county of Ware, on his undergoing an approved examina¬
tion, according to law;" which on motion of Mr. J. W. G.
Smith, was laid upon the table for the balance of the ses¬
sion. .
The Senate took up as the report of the Committee of the
whole, the bill " to amend an act to- change the place of
holding the Justices Court in the Twenty-sixth District, G.
M., in. the county of Glynn." The report was agreed to,
the bill was read the third time and passed.
The Senate took upas the report of the Committee of the
whole, the bill to authorize Jesse P. Prescott, to establish a
Ferry over the Allapaha River, on his own land, and to
prescribe the rates of ferriage, and for other purposes therein
named. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill " to amend an act approved December 10th,
1803, to authorize the Justices of the Inferior Courts of this
State to discharge insolvent debtors confined, by process
from any Court of this State whatever, so far as to amend
the caption of the same;" which on motion, was referred to
the Committee on the Judiciary.
The Senate took up as the report of the Committee of the
whole, the bill " to authorize the county officers of the coun¬
ties of Irwin and Telfair to'publish in any public gazette in
the towns of Milledgeville, Macon and Albany."
Mr. J. R. Smith moved to amend by adding the following
to the first section, to wit: " And that the county officers
of Hancock county be allowed to publish their advertise¬
ments in any paper published in the State of Georgia, hav¬
ing a general circulation in said county;" which was agreed
to. The report as amended, was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill " to appropriate certain road hands in the
county of Camden, and appoint Commissioners for the
same." The report was agreed to, the bill was read the
third time, and passed.
The Senate took up as the report of the Committee of the
SENATE.
387'
whole, the bill requiring the Clerks of the Superior and In¬
ferior Courts of the county of Pike, to appoint Deputies re¬
siding in the city of Griffin. The report was agreed to, the
bill was read the third time and passed.
On motion of Mr. Byrd, Mr. Edmondson was added to
the Committee on Banks.
The Senate took up as the report of the Committee of the
whole, the bill "to incorporate a Bank in the city of Savan¬
nah, to be called the Bank of Savannah ;" which on motion,
was referred to the Committee on Banks.
The Senate took up as the report of the Committee of
the whole, the bill "to authorize John Duff, of the county
of Telfair, in this State, to peddle upon goods, wares and
merchandize within the counties of Telfair and Irwin, with¬
out a license, and without being subject to pay any tax
therefor."
Mr. Napier moved to amend, by inserting the name of
John Brantly, of Bibb ; which was agreed to. On motion,
the bill was referred to a select committee, consisting of
Messrs. Turner, J. R. Smith and Ira E. Smith.
The Senate took up as the report of the Committee of the
whole, the bill," to incorporate the Cooper s Gap Turnpike
Company, of Lumpkin and Union counties, and to grant
certain privileges to the same." The report was agreed to,
the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, a bill to legalize the Precepts from the Superior
Courts of Floyd county, and authorize the drawing the Ju¬
ries of said Courts. The report was agreed to, the bill was
read the third time and passed.
Mr. Bailey, from the Special Committee to whom was re¬
ferred the bill to change the county line between Campbell
and Fayette, so as to add a part of the county of Fayette to
the county of Campbell, have considered the same, and ask
leave to report the bill to the Senate, for its consideration
and action. *
The Senate took up as the report of the Committee of the
whole,, the bill to authorize the Tax Collector of the coun¬
ty of Irwin, to retain the State Tax for the year 1850, and
pay over the same to the County Treasurer, for county pur¬
poses.
Mr. Love moved to amend by adding "the, county of
Thomas ;" which was lost.
Mr. Ferrell moved to amend by adding " the county of
Heard which was agreed to.
Mr. McRae moved to amend by adding "the county of
Appling," which was ggreed to.
On motion of Mr. Turner, the bill and amendments were
referred to a Select Committee, consisting of Messrs. Turn¬
er, Ferrell, Rawls and Woods.
388
JOURNAL OF THE
The Senate took up as the report of the Committee of
the whole, the bill " to regulate the weighing and marking
of Cotton by the several Rail Road Companies of this State,
and to prevent charges for re-weighing."
Mr. Gonder moved to amend by adding the following as
an additional section, to-wit:
"Be it further enacted, That the weights or scales used by
said Roads shall agree with the standard weights of the
State," which was agreed to.
On motion of Mr. Bailey, the report was laid upon the
table for the present.
The Senate took up as the report of the Committee of the
whole, the bill "to authorize Samuel Rutherford of Craw¬
ford county, and George W. Towns of Baldwin county, to
establish a Ferry across Flint River on their own land, and
for other purposes."
Mr. J. W. G. Smith moved to amend the first section by
striking out the word " Corbin's" and inserting in lieu there¬
of, the words "Mr. Mitchell's," which was agreed to. The
report as amended was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, the bill "to authorize all persons whatever to estab¬
lish ferries and erect bridges across water courses or
streams on their own lands," which on motion of Mr. Stell,
was laid upon the table for the present.
The Senate took up as the report of the committee of the
whole, the bill " to extend the time of completing and re¬
turning the tax digest for the county of Lowndes, until the
first of October in each and every year, and to allow the
collector to make his settlements by the last day of December.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize administration on the estate of
Charles H. Rice, Esq., deceased, to be granted by the Court
of Ordinary, of Houston county. The report was agreed to,
the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to authorize the Judges of the Superior
Courts of this State to draw a less number than forty-eight
Petit Jurors. The report was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill " to compensate Petit Jurors, in the county
of Hancock." The report was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to regulate the time for the departure and ar¬
rival of cars on the Western and Atlantic Rail Road, atcer-
senate.
389
tain points therein designated. On the following part of the
first section being read, to wit: That from and after the
day of next, the trains known as the Traveller's or
Passenger Cars, shall leave Atlanta at o'clock,
and arrive at Chattanooga at or before the hour of
o'clock, on the same day."
Mr. Bailey moved to amend by filling the blank as fol¬
lows :
" That on the first day of July next, or so soon either be¬
fore or after that day, as the cars shall run continuously
from Atlanta to Chattanoogawhich was agreed to.
On motion of Mr. Murphy, the Senate took up the follow¬
ing communication from his excellency the Governor, to
EXECUTIVE DEPARTMENT, >
Milledgeville, January 19th, 1850. )
In answer to the resolution of the Senate, requesting me
to communicate to that body all the information I have in
tegard to a meeting of the citizens of Macon, at their Coun¬
cil Chamber, on Thursday evening, 10th inst., at which
meeting, his honor George M. Logan presided as Chair¬
man, and E. S. Stow acted as Secretary—and all the infor¬
mation I have as to the truth of the statements and charges
either expressly made or implied in the report and resolu¬
tions submitted by a Committee appointed by said meeting,
consisting of T. L. Ross, Robert Collins, R. K. Hines, S.
T. Chapman, Samuel J. Ray and D. S. Gregory, Esqs., and
adopted by the meeting, touching the management of the
Western and Atlantic Rail Road, I have the honor to state,
that my information is derived principally from a report of
the meeting, as published in the Journal and Messenger,
and Southern Tribune, not having been furnished with a
copy of the proceedings by the presiding officers.
The extraordinary character and object of the meeting, as
collected from the newspaper reports, may well claim a
passing notice by the representatives of the people. Upon
them rests the responsibility in some measure at least, to
see that the officers of the State faithfully and impartially
perform their duty; and though the assaults made upon me
by this meeting were wholly unprovoked, and therefore cal¬
culated to wound if not irritate, I will nevertheless repress
my feelings as far as I can, and confine my answer strictly
within the limits prescribed by your Resolution of Inquiry.
The first statement in the report of the Macon meeting
material to notice is, that some two years ago, a schedule
was agreed upon by , the Presidents of the several Compa¬
nies, the-Governor and Chief Engineer of the State Road,
which was beneficial to all interests and acceptable to the
public.
390
JOURNAL OF THE
Assuming as true this statement of the Committee, they
seem to overlook a most important fact, namely—by this
compromise schedule, the State Road had a day run for its
passengers, leaving Atlanta at 1 P. M., and arriving at Dal-
ton at 8 P. M., and leaving Dalton at 4 A. M., and arriving
at Atlanta at 11 A. M. The principle settled by that com¬
promise, secured to the State Road virtually a day schedule.
The continuation of that principle, is all the State Road
now desires. It is all for which its managers now contend.
It will be remembered also, that the present Ch:ef Engineer
was not in office at the time of adjusting the schedule refer¬
red to by the Macon Committee, and is therefore no party
to it. From the time my connection commenced with the
State Road to the present, I have felt it a duty I owed to the
State, to consent to no arrangement by which the State
Road would be deprived of a day schedule for passenger
cars. If however, it was desirable on the part of the mana¬
gers of the State Road to insist upon a day schedule in
1847, when the Western terminus was at Dalton, it was
imperious on them to demand it when the Road was ex¬
tended to Chattanooga, by which the number of bridges is
increased from ten to twenty-one, and the length of the Road
from 100 to 140 miles. It may be well asked who is guilty
of bad faith, taking for true the statement of the Macon
Committee in reference to the old schedule, those who in¬
sist upon the cars of the State Road being run in the day; or
is it that Road which would force the running of the State
Road from Dalton to Chattanooga in the night ?
And what apology can the Macon Committee offer to the
public, when as the organ of a town meeing, they undertake
to publish "facts connected with the late changes in the ar¬
rival and departure of the cars at Atlanta," and withhold a
most material and controling fact. The extension of the
State Road about forty miles, and that too since the old
schedule was adopted by the Post Office Department, giv¬
ing the State Road seven hours from Atlanta to Dalton. It
will readily occur to all, with the exception perhaps of the
Macon Committee, that the lengthening of the State Road
had something to do with the .Post Office Department as
well as the Chief Engineer and myself, m asking for a
change of schedule. Had the gentlemen composing the
Macon Committee have been as ready to protect the interest
of the people of the State at large, as they have shewn
themselves subservient to the interest of the Macon and
Western Rail Road, the probability is, that they would have
perceived in the extension of the State Road forty miles, the
necessity of asking of the Post Office Department a corres¬
ponding extension of time, involving of necessity a change
of schedule, and yet this " fact" is no where alluded to by
SENATE. \
391
the Macon Committee, in the presentation of complaints to
the public.
Either the town meeting have exhibited an ignorance of
the facts on the subject, or knowing them, have withheld
them—for what object the meeting will explain.
This brings me to the consideration of that portion of the
report of the Committee, in which, after speaking in terms
of high commendation of the old schedule, the report pro¬
ceeds, "recently, however, as we have been informed, the
Engineer of the State Road, or some other party interested,
without consultationwith the Macon and Western Company,
in violation of their rights and the courtesies due them, made
such representations to the Post Master General as to cause
that officer to change the schedule of running time, so as to
violate the terms of the old agreement, to produce utter confu¬
sion to the whole male service of the country, and effectual¬
ly to Tender the State Road almost valueless as a means of
communication to a large portion of the people of the State."
It is true that the Engineer of the State Road, without
consulting the Macon and Western Company, did address the
Post Master General a letter, informing him of the time
when the Road would be extended to Chattanooga, and
askitig a corresponding change of schedule made necessary
by the extension. Until the Macon meeting, it was not
known to be his duty to " consult" the " Macon and Wes¬
tern Company," before he was to be permitted to write
to the Post Master General for a change in the schedule,
made indispensably necessary by the lengthening of the
Road. The extraordinary pretensions here set up for the
Macon and Western Rail Road, will never be recognized
as long as the management of the State Road is entrusted
to me. As the representative of the whole people of Geor¬
gia, in the government of the State Road, 1 recognize no
right existing in the President or Directors of any Road of
imposing upon me the condition of consulting them, before
I am permitted to take a step deemed necessary and proper
to promote the interest of the State Road. While it has
been, and will conrinue to be my constant object to observe
strict equality"and impartiality to all Rail Road interests, if
it be deemed by the Legislature that a consultation must be
had, which either means nothing, or implies that no step is
to be taken as . a measure adopted for the interest of the
State Road, but by the consent of the managers of the other
Roads, I have misconceived the spirit and independence of
the people, and must add, if this is the rule by which the
State Road is to be governed, 1 must insist of the Legisla¬
ture to be relieved of the onerous duty now imposed upon
the Executive by law, and- let the government of the Road
fallintolhe hands of those who can bencl the "supple knee"
at the bidding of corporations and town meetings.
392
JOURNAL OF THE
The Macon resolutions assert "that the Chief Engineer
of the State Road or some other party interested, without
consultation with the Macon and Western Company in viola¬
tion of their rights and of the courtesies due them, made such
representations to the Postmaster General as to cause that
officer to change the schedule of running so as to violate the
term of the agreement, &c." This certainly contains a
grave charge against the Chief Engineer, Mr. Mitchell, and
I presume by the expression, " some other party interested,"
it was designed to embrace me; or if this was not their
meaning, then clearly they intend to convey the idea that
there is a combination and confederacy between Mr. Mitch¬
ell, the Chief Engineer, and other persons, to injure and
wrong the Macon and Western Rail Road, and by the use of
unfair and dishonorable means to influence the action of the
Postmaster General. Whatever of this charge is intended
to apply to me is wholly unfounded, and so much as is in¬
tended to implicate the conduct of the Chief Engineer, in
this particular, I believe equally groundless, and hope the
Legislature will afford the Macon Committee a full and fair
opportunity to make good their charge, by a full and tho¬
rough investigation into this and every charge made against
me or the Chief Engineer by the Macon meeting, and the
resolutions adopted on the 10th inst. Had the Macon and
Western Rail Road "rights" secured to them under a eon-
tract with the Postmaster General, which that officer has
disregarded, he is alone answerable, and not the Chief En¬
gineer of the State Road or myself. If false representations
have been made by the Chief Engineer, myself, or any one
connected with the management of the State Road, to the
Postmaster General, by which that officer has been deceiv¬
ed and misled, the gentlemen composing the Macon meeting
on the 10th inst., and all others, are invited to make it ap¬
pear. This issue I distinctly tender, and I promise every
facility in my power to a fair and full investigation.
In this connection, I may notice the second resolution
adopted by the meeting: " Resolved^ That the State Road
was constructed by the money of the people of Georgia for
their general good and convenience, and ought to.be so
managed as to confer equal advantages and benefits up¬
on all." I take the liberty to state that I agree with
the Committee in this principle, and affirm that I be¬
lieve so far as concerns the management of the State
Road, the advantages and benefits have been conferred
equally upon all; and I hope, if, in a single instance par¬
tiality has been shewn to individuals, or Rail Roads, the
Macon Committee will proceed without delay to establish
it by proof before a Committee of the Legislature.--
The remaining portion of the resolution is as follows i " It is
therefore improper and unjust in those having control of the
State Road to instigate or assent to any change of schedule,
SENATE.
393
which will deprive one half of the people of the State of its
benefits, and subject the travelling public to onerous delays
and expenses." However true the proposition contained in
this part of the resolution abstractly considered, taken in con¬
nection with the statements that precede it, no doubt can ex¬
ist as to the meaning intended to be conveyed, and that is
that the Executive officer of the State and Chief Engineer, to
whom by law is confided the management of the State Road,
the latter holding his office at the pleasure of the former,
have unjustly procured, or assented to a change of schedule
for the State Road, which will deprive one half of the peo¬
ple of this State of its benefits and subject the travelling pub¬
lic to onerous delays, and expenses.
In this view, a charge more unjust never emanated from
any quarter. Who has been deprived of any benefits by
this change of schedule on the State Road, and by whose
fault? Let facts be submitted.
In the first place, it should be constantly borne in mind
that a change of schedule was inevitable when the State
Road began to run through from Atlanta to Chattanooga.—
There was no avoiding this, as every honest and intelligent
mind will admit. This change of schedule on the part of
the State Road, rendered corresponding changes unavoida¬
ble with at least three other Rail Roads, namely: The Geor¬
gia, the Macon & Western and Memphis Branch Rail Road,
in order to preserve the connection. Not believing it the du¬
ty or interest of the State Road to consult the managers of
either or all of the Roads, with which the State Road was
connected, in reference to what hour would suit its interest
to leave and arrive at Atlanta, the Chief Engineer address¬
ed a letter to the Postmaster General on the subject of the
schedule, a copy of which is herewith communicated, and
received from the Postmaster General in reply, an order fix¬
ing a schedule for the State Road, not the one in all respects
desired by the Chief Engineer; but giving the State Road a
day schedule, which was nothing more than it enjoyed be¬
fore. I am informed by the Chief Engineer that he caused
copies of the new schedule from the Post Office Depart¬
ment to be made out and transmitted without delay to the
Presidents of the Macon and Western, the Georgia and
Memphis Branch Rail Roads, together with a notice of the
day on which the new schedule would be commenced."^^
Two of these Rail Roads, the Georgia and the Memphis
Branch conformed to the schedule prescribed and ordered
by the Post Office Department.
. The other, the Macon & Western adheres to the old sche¬
dule, and hence the delay in travel to and from Macon in
the direction of Cherokee, at Atlanta. Is the State Road,
the Macon & Western Road, or the Postmaster General re¬
sponsible for the delay to this portion of travel in Georgia ?
394
JOURNAL OF THE
Comment is unnecessary. Bat I feel it is due the country,
those in charge of the State Road, the interest of the State,
truth and justice, to use strong language in repelling these
assaults, and at the same time to invite a searching and thq-
rough examination into the management of the State Road
since rny connection with it. And if any officer, from the
highest to the lowest, has been guilty of misconduct in any
respect, and in the most comprehensive meaning of that
term, either to individuals or Rail Roads, that they may be
exposed.
The avowed friend of Rail Roads, the undisguised advo¬
cate for the preservation and protection of capital invested
under the charters of Georgia, I feel that I may be pardon¬
ed for uttering the sentiment, that I would be among the last
to give my consent to any act of violence or wrong to any
chartered Company of the State; but corporations, like in-,
dividuals, are capable of exerting an influence upon the pub¬
lic mind, favorable or prejudicial to the community in which
they are located. Their powers should therefore be clearly
defined and sedulously guarded. When powers are claim¬
ed which were never granted, and pretensions set up ab¬
surd and detrimental to the public interest, it is believed to
be the duty of the Legislature, with firm, unwavering, but
calm and decisive action, to adopt such measures as will
preserve the dignity of the State and the interest of the peo¬
ple in her own public works, while at the same time it pro¬
tects the full enjoyment of investments under chartered
rights. The only question really involved (for all others are
to my mind too plain to admit of doubt,) is whether the State
Road is to have a separate and distinct organization and
government, regulating its own interests and affairs, or whe¬
ther it is to be understood that it is to come into a common
brotherhood with the other Roads of the State, and be bound
to get their consent and approbation before it can act in reg¬
ulating its schedule for running, or fixing its tariff of
freights. I am satisfied that the State Road should be whol¬
ly independent and disconnected from all other Roads, so
far as regards freights and regulating the schedule for pas¬
senger trains. If a different principle be established, the re¬
sult can be easily foreseen ; the State Road will become val¬
ueless while others will grow profitable. A day schedule
for the State Road is demanded by every consideration of
economy and prudence. This point ought ought not to be
surrendered. One other charge should be noticed—the want
of " courtesy" on the part of the Chief Engineer towards the
officers of the other Rail Roads, in writing to the Postmaster
General for a schedule. Enough has been said to shew there
was no obligation resting on that officer, either to consult
with or take the advice of the officers managing the other
Roads. If this be true, was it discourteous for the Chief
SENATE.
395
Engineer to attend to his own business without consulting
the officers of the other Roads? If he consulted one, he
should have consulted all. If he adopted the views of the
managers of one Road and rejected those of another, the
charge of partiality would have been instantly made. To
reconcile the different and conflictiug interests of Rail Roads
in this State, is not to be expected ; and the true policy for
the State Road is to stand aloof, regulating her own affairs
and permitting others to do the same. This is the course
pursued now with the Macon and Western Rail Road; its
officers are not bound to conform to the schedule the State
Road is desirous of running, and if they will not, let them
not censure the managers of the State Road. At all events,
I hope the Macon Committee will excuse me, if I decline to
take lessons of them, as to what is or is not " courteousun¬
til they furnish, at least a more commendable specimen of their
own attainments in this respect, than can be deduced from
the proceedings had at the Council Chamber of the City of
Macon on the night of the 10th inst.
GEO. W. TOWNS.
Which being read, on motion of Mr. Stell, the bill and
Message was referred to the Committee on Internal Im¬
provements.
The following message was received from the House of
Representatives, by1 Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
agreed.to the amendments of Senate to the bill of the House
to curtail and simplify civil proceedings.
Also, to the amendments of the bill to alter and change the
line between the counties of Ware and Wayne, so as to in¬
clude the residence of Thomas Purdom and others, in the
county of Wayne.
Also, to the amendment to the bill.to protect the people of
this State from vexatious prosecutions in cases where Grand
Juries may hereafter refuse to find true bills.
And they have disagreed to the amendments by substi¬
tute to the bill to perfect service on absent defendants in
case of dormant judgments.
They have passed the following bills of Senate, to wit:
The bill to alter the time of holding the elections for
Commissioners of the town of Greenesboro, and to alter and
change the manner of electing the Marshal of said town.
The bill to authorize Jacob Pittman, a decrepid and in¬
firm man, a citizen of the county of Ware, to vend and ped¬
dle on all goods, wares and merchandize throughout all the
counties of the First Congressional District, without paying
a fee or license for the same. ,
The bill to appropriate certain hands to do road duty on the
396
JOURNAL OF THE
west side of the old Post Road, and north of the Satilla
River, in Camden county.
The bill to incorporate the town of Tunnell Hill, in the
county of Murray.
The bill to authorize the Sheriffs, Clerks and Coroners of
Pulaski county to advertise their sales on citations, in some
paper published at Milledgeville, Macon or Albany.
The bill to authorize the Trustees of the Male Academy
of the town of Greeneboro to sell and dispose of a portion of
the land belonging to said Academy, and to appropriate the
money arising from the sale.
And the bill to incorporate the First Baptist Church in
the city of Atlanta in DeKalb county, and appoint trustees
for the same.
Have also passed the following bills originating in the
House of Representatives, to-wit:
A bill to reduce the fees of the Clerk of the Court of Or¬
dinary for issuing marriage license.
A bill to incorporate the LaGrange Riflemen of the county
of Troup, and to give them certain privileges and exemp¬
tions.
A bill to add a portion of the county of Hall to the county
of Lumpkin.
A bill to alter and amend an act approved December
22d 1832, which requires the Jailors of the several counties
of this State to advertise or publish all runaway slaves in
one of the papers of Milledgeville.
A bill supplemental to the general tax laws and to tax
certain property therein mentioned and which has been
heretofore exempt from taxation.
And a bill to incorporate the Dahlonega and Marietta
Turnpike and Plank Road Company, and also to incorpo¬
rate the Cumming and Atlanta Turnpike and Plank Road
Company.
Mr- Joseph E. Brown laid on the table the following reso¬
lution :
Whereas, the great amount of bridgingon the State Road,
its curves and its high embankments, together with the
general character of the road and country render a day
schedule absolutely indispensable ; and whereas such a
schedule has been very properly adopted by the Post Office
Department, and should be insisted on by the State of
Georgia for all time to come; and whereas efforts may be
made from time to time to induce the Post Office Depart¬
ment to change the same ; be it therefore
Resolved by the Senate and House of Representatives of
the State of Georgia, in General Assembly met, That it shall
be the duty of the Governor and Chief Engineer of the
Western and Atlantic Rail Road to run a day schedule on
senate.
397
said road, and to insist on the same in all their future con¬
tracts with the Post Office Department.
On motion the resolution was taken up.
Mr. Joseph E. Brown moved to agree to the resolution,
pending the motion.
The Senate adjourned until three o'clock P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate resumed the unfinished business of the morn¬
ing, to wit: the resolution in relation to the schedule of the
Western and Atlantic Rail Road; the same being read, was
agreed to.
Leave of absence was granted to Mr. J. R. Smith, for a
few days.
The Senate took up as the report of the Committee of the
whole, the reconsidered bill of the House of Representatives,
to abolish, change and establish Election Precincts in the
several counties hereinafter named.
Mr. Stell moved to amend by striking out the following,
to wit:
"And that there be an additional Election Precinct es¬
tablished at the house of William Kimbell, to be known as
the Locust Grove Precinct, in the county of Henry," which
was agreed to.
Mr. Byrd moved to amend by striking out the following,
to wit:
"Also, that the Election Precinct in Hall county, hereto¬
fore known as Marlen's precinct, be and the same is hereby
removed to the place of holding Justices Courts in said dis¬
trict," which was agreed to.
Mr. Stell moved to amend by striking out the following,
to wit:
"And that theElection Precinct in the 4S9th district, G. M.,
be and the same is hereby abolished," which was agreed to.
On reading the third section as follows :
"And that the Election Precinct near the Court House at
Free River in Marion county, be and the same is hereby
removed to the house of Jesse'Wall," Mr. John W. G. Smith
moved to amend by striking out the words " Free River,"
and inserting in lieu thereof " Trickham," in the 807th dis¬
trict, G. M.,and by inserting after the words "Jesse Wall," as
follows, " 961st district in Marion county," which wasagreed
to.
Mr. Murphy moved to amend by inserting after the word
" DeKalb," and before the words " to Lithonia," the words
" be removed," which was agreed to.
398
JOURNAL OF THE
On the fifth section being read as follows :
"And be it Jurther enacted, That an additional precinct is
hereby established at Salem Academy in the county of Lin¬
coln." Mr. Anderson moved to amend by inserting after the
word "Academy" the words " in the 183d district, G. M.,"
which was agreed to.
Mr. Clark moved to amend the bill by changing and es¬
tablishing various additional Election Precincts, which was
agreed to.
Mr. Woods moved to amend by adding the following as
an additional section :
And be it further enacted, That the Inferior Courts of the
several counties of this State shall have power to establish
Election Precincts in their respective counties.
Mr. John Jones moved to amend the amendment by add¬
ing the following, to wit:
" Not to exceed one in each Militia district."
Mr. Joseph E. Brown moved to amend the amendment by
inserting the words "change and," after the word " to" and
before the word "establish."
Mr. A. J. Miller moved to amend Mr. Woods' amendment
by adding the words " under the recommendation of Grand
Juries," the amendment as amended was agreed to.
Mr. Joseph E. Brown moved to amend the bill by adding
the following as an additional section, to wit:
"And be it further enacted, That each place of holding a
Justices Court in each Militia district in the county of Dade,
is hereby declared to be an Election Precinct, and all pre¬
cincts now established which are not at a place of holding a
Justices Court-in said county, are hereby abolished," which
was agreed to.
Mr. John W. G. Smith moved to amend by adding the
following as an additional section, to wit:
" And be it further enacted, That in each Election Precinct
in this State it shall be lawful for any three Freeholders to
manage any election which may be held in said district, in
case there is no Justice of the Inferior Court, or Justice of
the Peace present; and in any such case, either of such
Freeholders shall be authorized to administer any oath which
it is necessary to administer for the purposes of such elec¬
tion ; and the said three Freeholders shall certify said elec¬
tion as in other cases, which shall be as valid as if it had
been conducted by a Justice of the Inferior Court, or a Jus¬
tice of the Peace and two Freeholders; which was agreed to.
The report as amended was agreed to, the bill was read the
third time and passed.
Mr. Spulloek from the Committee on Finance, to whom
was referred the bill for the relief of John C. Whitworth,
administrator, upon examination find that the relief sought
b v said bill is just, and recommend the passage of the same.
SENATE.
399
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives for the relief
of John C. Whitworth, administrator of the estate of Elijah
Hill, deceased.
Mr. Spullock moved to amend by adding the following
section :
Be it further enacted by the authority aforesaid, That the
Tax Collector of the county of Floyd, be and he is hereby
required to pay into the hands of the Justices of the Inferior
Court of said county, the State tax for the years 1350 and
1851, and that the same be applied by the said Justices m
the most judicious manner for the improvement of the navi¬
gation of the Coosa river—which was agreed to.
Mr. Grubbs moved to amend by adding the following
section:
And be it fmther enacted, That the Governor draw his
warrant on the Treasury in favor of James Grubbs, Execu¬
tor of the Will of Thomas Pierce, deceased, for the sum of
twenty-seven dollars, amount of State tax for 1846, which
was returned by mistake in Burke and Jefferson counties,
and paid in both—which was agreed to.
Mr. Long moved to amend by adding the following sec¬
tion :
And be it further enacted, That the taxes due the State
from the county of Glynn for the years 1850 and 1851, be
and is hereby given to the county of Glynn to cut a canal
from Turtle river to the Little Satilla river—which was lost.
Mr. Murphy moved to amend by adding the following
section:
And be it further enacted, That the sum of eighteen dollars
be appropriated to refund to John T. Humphries that
amount of tax assessed and collected on property as his in
the county of Scriven, in the year 1849, which had been re¬
moved by him to the county of DeKalb, and paid taxes on
there, or was paid for by others in the year. 1849, and that
the Governor draw his warrant on the Treasurer for the
same—which was agreed to.
Mr. A. J. Miller moved to amend by adding the following
additional sections:
And be it further enacted, That the Governor be authorized
to draw his warrant on the Treasury in favor of the Justices
of the Inferior Court of Richmond county, for the sum of
two hundred and ninety-five dollars twenty cents, the por¬
tion of the Poor School Fund which they were entitled for
1845, which reverted to the Treasury in consequence dfnot
being drawn within six months after the expiration of the
political year.
And be it further enacted, That the Governor be authorized
to draw his warrant on the Treasury in favor of Pleasant
Stovall for the sum of sixteen dollars ninety-nine cents,
400
JOURNAL OF THE
amount of a tax twice paid in the year 1847, on a house and
lot in Augusta—which was agreed to. The report as amend¬
ed was agreed to.
Mr. Joseph E. Brown moved to recommit the bill, which
was lost. '
The question then recurred on the passage of the bill.—
On which the yeas and nays were required to be recorded,
and are—yeas 20, nays 11.
Those who voted in the affirmative, are Messrs.
Anderson, Edmondson, Purse,
Augustus Beall, Ferrell, Quarterman,
Blackshear, Grubbs, John W. G. Smith,
James E. Brown, Hines, Ira E. Smith,
Chisolm, Andrew J. Miller, Spullock,
Clayton, Murphy, Turner.
Eberhart, Napier,
Those who voted in the negative, are Messrs.
Byrd, Thomas Johnston, Rawls,
Joseph E. Brown, Leonard, Stell,
Dunham, Long, Woods.
Micajah Johnston, McRae,
So the bill was passed.
Mr. Stell from the Committee on Enrolment reported as
duly enrolled and ready for the signature of the President
of the Senate, an act to appropriate certain hands to do road
duty on the west side of the old Post Road, and north of the
"Satilla river in Camden county.
Also, an' act to alter the time of holding the election for
Commissioners of the town of Gieenseboro, and to alter and
change the manner of electing the Marshal of said town.
Also, an act to authorize Jacob Pittman, a decrepid and
infirm man, citizen of the county of Ware, to vend and ped¬
dle on all goods, wares and merchandise throughout all the
counties of the first Congressional district, without paying a
fee or license for the same.
Also, an act to authorize the trustees of the Male Academy
of the town of Greenesboro to sell and dispose of a portion ot
land belonging to said Academy, and to appropriate the
money arising from the sale of the same.
Also, an act to incorporate the town of Tunnel Hill in th6
county of Murray.
Also, an act to incorporate the First Baptist Chnrch in the
City of Atlanta, in DeKalb county, and appoint trustees for
the same.
Also, an act to authorize the Sheriffs, Clerks and Coro¬
ners of Pulaski county, to advertise their sales in some paper
SENATE.
401
published at Milledgeville or at Macon, or in the town oi
Albany in Baker county.
Mr. Joseph E. Brown, from the Committee on the Peni¬
tentiary, to whom had been referred a bill proposing to elect
Principal Keeper of the Penitentiary, by the Legislature,
made a report adverse to the bill.
The following bills were taken up and read the second
time and referred to the Committee of the whole, to wit:
A bill for the relief of Andrew J. Cowart.
A bill to provide for the collection and safe keeping of the
Revenues of the Western and Atlantic Rail Road, and to
punish those who may attempt to defraud the same, and for
other purposes therein contained.
A bill to raise and organize a Fire Company in the City
of Atlanta, and for other purposes therein mentioned.
The bill to repeal an act entitled an act to authorize a grant
to issue to John P. Dodson of the county of Fayette, to lot
No. 264 in the 5th district in the county of Irwin, approved
December 30th, 1839, was taken up and read the second-
time, and referred to the Committee on the Judiciary.
The bill to relieve the tax payers of this State so far as
relates to the payment of poll tax, was taken up, read the
second time, and referred to the Committee on Finance.
The following bills of the House of Representatives, were
read the first time, to wit:
A bill to incorporate the LaGrange Riflemen of the county
of Troup, and to give them certain privileges and exemp¬
tions.
A bill to reduce the fees of the Clerk of the Court of Or¬
dinary. for issuing marriage licenses.
A bill to add a portion of the county of Hall to the county
of Lumpkin.
A bill supplementary to the general tax laws, and to
tax certain property therein mentioned, which has hereto¬
fore been exempt from taxation.
A bill to alter and amend an act approved December 22d,
1832, which requires the Jailors of the several counties of
this State to advertise or publish all their runaway slaves in
one of the papers of Milledgeville.
A bill to incorporate the Dahlonega and Marietta Turn¬
pike and Plank Road Company, and also to incorporate the
Gumming a!nd Atlanta Turnpike and Plank Road Com¬
pany.
The following bills of the House of Representatives,
were taken up, and read the second time, and referred to
the Committee of the whole, to wit:
A bill to amend the laws relating to Guardianship in this
State, so as to compel persons making application for letters
of Guardianship to give a thirty days' notice before such
letters are granted.
26
402
journal of the
A bill to alter and amend the third section of the third
article of the Constitution of the State of Georgia.
A bill to extend the provisions of the act of 1799, in rela¬
tion to notices to produce papers, books, writings, &c., so as
to embrace causes in Equity, &c.
A bill to alter and amend the several acts incorporating
the City of Macon, assented to Dec. 27, 1847.
A bill to reduce the price of Public Printing.
A bill to alter and amend the twelfth section of the second
article of the Constitution of the State of Georgia.
The bill of the House of Representatives to extend the
jurisdiction of Justices of the Peace in this State, so as to au¬
thorize them to try actions sounding in damages, where the.-
verdict does not amount to more than thirty dollars, and for
other purposes therein named, was taken up, read the second
time, and referred to the Committee on the Judiciary.
On motion,
The Senate adjourned until nine o'clock to-morrow
morning.
FRIDAY, Jan. 25th, 1850.
The Senate met pursuant to adjournment.
Mr. Woods moved to reconsider so much of the Journal
of yesterday las relates to the rejection of the bill "to change
the manner of electing Justices of the Peace and Consta¬
bles, of this State which was lost.
On motion of Mr. Clark, the Senate took up the engrossed
bill of the House of Representatives "to alter and amend an
act entitled an act to carry into effect the alterations and
amendments, made at the session of the General Assembly
of 1843, in and" to the third and seventh sections of the first
article of the Constitution of this State, assented to 23d De¬
cember, 1843, so far as relates to the Senatorial Districts."
Mr. A. J. Miller moved to recommit the bill to the Com¬
mittee of the whole. Upon which motion the yeas and nays
were required to be recorded, and are yeas 17, nays 20.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, Leonard,
Elias Beall, Ferrell, Love,
Byrd, Gonder, Andrew J. Miller,
Blackshear, Grubbs, James A. Miller,
James E. Brown, Hines, Quarterman.
Clayton, Thomas Johnston,
Those who voted .in the negative, are Messrs*
Bailey, Joseph E. Brown, Bryan,
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403
Clark,
Edmondson,
Micajah Johnston,
John Jones,
Long,
McBee,
Mosely,
Murphy,
Napier,
Purse,
Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
So the motion was lost.
Mr. A. J. Miller moved to make the bill the special order
of the day for Tuesday next, 29th inst. Upon which mo-
tjon the yeas and nays were required to be recorded, and
are yeas 18, nays 21.
Those who voted in the affirmative are Messrs.
Anderson,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Clayton,
Eberhart,
Ferrell,
Gonder,
Grubbs,
Hines,
Thomas Johnston,
Leonard,
Love,
McRae,
Andrew J. Miller,
James A. Miller,
Quarterman.
Those who voted in the negative, are Messrs.
Bailey, John Jones,
Joseph E. Brown, Long,
Bryan, McBee,
Chisolm, Mosely,
Clark, Murphy,
Edmondson, Napier,
Micajah Johnston, Purse
So the motion was lost.
Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
The bill was read the third time; and on the question
" shall this bill now pass ?" the yeas and nays were required
to be recorded, and are yeas 22, nays 9.
Those who voted in the affirmative, are Messrs.
Rawls,
JohnW. G. Smith,
Ira E. Smith.
Spullock,
Stell,
Turner,
Woods.
Bailey, John Jones,
Joseph E. Brown, Long,
Bryan, McBee,
Chisolm, Mosely,
Clark, Murphy,
Edmondson, Napier,
Micajah Johnston, Purse,
William Jones,
Those who voted in the negative, are Messrs.
Augustus Beall, James E. Brown, Thomas Johnston,
Byrd, Eberhart, Love,
Blackshear, Grubbs, Quarterman.
So the bill was' passed.
404
JOURNAL. OF THE
Mr. Stell moved, that the Secretary be directed to carry
the bill forthwith to the House of Representatives; which
motion was lost.
Mr. A. J. Miller made the following report:
The Committee on Banks, to whom was referred the bills
to incorporate "the Bank of Savannah," and 11 the Cherokee
Insurance and Banking Company," have had the same under
consideration and recommend the passage of both, with an
amendment to the latter bill.
Mr. Love made the following report:
The Committee on the Judiciary to whom was referred
" A bill to be entitled an act to amend an act passed Decem¬
ber 29tb 1838, to define and affix the punishment of a crime
or misdemeanor committed by a slave, by the counsel, per¬
suasion or procurement or other means of free white persons,"
beg leave to report the same back to the Senate without
amendment and recommend its passage. They also report
back the bill " to render Sheriff's deeds admissible in suits
as prima facie evidence without the production of the execu¬
tion under which the sale was made, or of the judgment up¬
on which the execution issued, See., with certain amendments,
and also recommend its passage. All of which is respect¬
fully submitted.
Mr. A. J. Miller made the following report:
The Committee on Banks to whom was referred the report
of the Director of the Central Bank on the condition of the
Bank of Darien, made in obedience to a resolution of the
General Assembly, assented to 29th December, 1847, ask
leave to
REPORT:
That as the action of the Legislature for several years
past, has looked not only for the ascertainment of all just
claims on the Bank of Darien, but also to the speedy pay¬
ment by the State of Georgia of such sums as the State might
be found justly to owe the various creditors of that Institu¬
tion, your Committee has attentively considered.
1st. The jusf claim on the Bank of Darien.
2d. The extent of the liability of the State of Georgia to
pay the outstanding; liabilities of the Bank of Darien.
~ The bona fide claims against the Bank as reported by the
Director of the Central Bank, indefinitely of the interest on
these claims, may be stated and classed as follows:
1. Principal due on Judgments obtained at
different periods, $77,023 74
2. Certificates of Deposite, bona fide, 20,962 72
3. Circulation of the Bank (bills,) 6,270 00
$104,256 46
Besides these claims amounting to $.104,256 46 as above*
SENATE.
405
there are the following claims not classed, as bona fide in the
Director's report, viz:
1. Certificate L. J. Gartrell, Agent, $ 9,672 37
2. Circulation, i. L. Harris, Attorney, 13,690 00
J. Holford, New York, 17,300 00
$40,662 37
And also the further sum of $54,180 of bills of the Bank
of Darien held by the Central Bank arid two open accounts,
one to Bank of Hawkinsville, $525 00, the other to the Cen¬
tral Bank, $25,897 86.
Your Committee then report the claims against the Bank
of Darien to be as follows:
1. Bona fide individual and Bank claims, $104,256 46
2. Disputed individual claims, 40,662 37
3. To the Central Bank for Bills, 54,180 00
" " open account, 25,897 86
4. Bank of Hawkinsville, open account, 525 00
Total, exclusive of interest, $225,521 69
In respect of the liability of the State of Georgia to pay
these claims, the Committee beg leave to say that they have
carefully investigated the grounds on which the liabilities of
the Bank of Darien claim payment from the Stale. They
find that the creditors of the Bank of Darien claim payment
on these grounds, namely:
1st. Because the State of Georgia was a stockholder.
2d. Because the State of Georgia by the action of the Le¬
gislative and Executive Departments of the Government,
took possession of all the assets of the Bank of Darien,
against the will of the creditors of that Institution. •
3d. Because the State of Georgia through the Central
Bank and its agents, has failed faithfully to collect and ap¬
ply those assets.
4th. Because the Legislature has expressly recognized the
liability of the State to pay the judgments against the Bank
of Darien.
1st. The liability of the State as a stockholder in the Bank
of Darien is ascertained by the 13th section of the charter of
that Institution, which, after declaring the liability of individ¬
ual stockholders, enacts "that the State be pledged for the
ultimate redemption of the bills or notes of the Bank of Da¬
rien^ in proper time, to the amount of the value of shares
that shall, or may be subscribed for, and held by the said
State."
At the time of the failure of the Bank of Darien, and the
transfer of its assets to the State of Georgia, the State was
subscriber for, and held stock to the amount of $325,000, and
406
JOURNAL OF THE
the whole capital stock was, at that day, $410,105. It can¬
not then be disputed that the State is bound to pay to all
bona fide holders of the hills or notes of the Bank of Darien
in the proportion that 325,000 bears to 410,105.
Your Committee have gone carefully over the list of judg¬
ments and certificates of deposke reported by the Director
as bona fide, and they are satisfied that these judgments and
certificates are founded on the bills of the Bank of Darien, or
on bills of exchange given for bills and returned protested.
They agree in opinion with the Committee as expressed in
their report assented to Dec. 20th, 1845, who therein said t
" Nor can the committee see any difference in equity between
the bills or notes of said bank founded on the possession
of said bills or notes, which were received in a fair course
of business," and also with the further report, assented to
29th December, 1847, in which it is said r "Asa stockhold¬
er the State is beyond all doubt, in the minds of your com¬
mittee, bound to pay all bona fide bill holders and creditors
in proportion to the stock held by the State. Certain judg¬
ments have been obtained on the bank bills of the Bank of
Darien, and on protested checks given by the Bank of Da¬
rien to take up the bills of the said Bank. Your committee
cannot perceive the difference between such judgments £ they
equally affect the State and demand settlement by the State
of Georgia on the same terms."
It follows, as the deliberate sense of your committee that,
in any, even the-most limited view of the State's liability, the
State as a stockholder is bound to pay all the creditors above
reported as bona fide creditors in the proportion which 325,000'
bears to 419,195.
2. But your committee proceed to give their views of the
liability of the State on the other grounds assumed by the
creditors.
The circumstances under which the State took possession
of the assets of the Bank of Darien, are correctly detailed
in the report of the committee of the year 1847, to which
your committee again beg leave to refer. It is unfortunate
that the State did not yield to the fully expressed wish of
stockholders, and apply for a receiver of the assets, instead of
placing them in the hands of the Central Bank. If that
course had been pursued, the creditors and the State itself
would in all probability have been- in far better condition
than they are found to be at this day. It appears that the
whole of the State's action in relation to the Bank of Darien
has had the tendency and effect (at least for the time,) to re¬
lieve the State from a large clear legal responsibility, and to
fasten all the losses of this insolvent institution, in which the
State was bound as a stockholder, on bona fide creditors.—
But a single creditor has been paid by the Central Bank,
whilst the assets of the Bank have gone to take up the bills
SENATE.
407
outstanding, (for which the State was liable in the large pro¬
portion before stated.) The good and current funds collect¬
ed by the Central Bank, have (with the exception of the pay¬
ment of one creditor,) gone to pay expenses, and to the credit
of the Central Bank on account of. a claim which it had
against the Bank of Darien before and at its failure. In a
word, the State through the Central Bank as agent of the
Bank of Darien has made itself so far, (with the single ex¬
ception above referred to,) a preferred creditor whilst in
truth it was bound as a stockholder to pay creditors.
The collections made by the Central Bank from the as¬
sets of the Darien Bank, have been as follows:
1. In bills of the Bank of Darien, $192,269 31
2. Cash current funds, $31,S23 54
3. Good notes, 6,639 60
And the payments made by the Central Bank, have been
as follows:
1. For exp's. of collection, cash, $18,796 73
2. To J. G. Winter, first J udg-
ment, cash, 10,094 00
To do., notes, 4,389 60
Leaving in cash a balance of $2,932 81
And in notes a balance of 2,250 00
Now retained by the Central Bank, $5,182 .81
The payment to J. G. Winter was for the 'principal of his
judgment, $9,085 14, and for interest thereon, $5,398 46. It
was made in obedience to a resolution of the last General
Assembly, and the same resolution expressly requires pay¬
ment to be made of all remaining assets to the judgment
creditors according to priority. The sum of $5,389 46 now
retained by the Central Bank belongs, in the view of your
committee to the creditors, and ought now to go to the judg¬
ment creditors, according to priority, in accordance to the
same resolution under which J. G. Winter was paid.' In the
same way should go the yet remaining assets, monies, &c.,
claims of the Bank of Darien.
Your Committee taking into view the large fund which
went into the hands of the Central Bank, the manner in
which these funds were taken possession of by the State—
the length of time which has elapsed—the manner in which
the funds have been dealt with—the recommendations of the
Executive Department, and the action of the last Legisla¬
ture ordering the payment of the judgments, and the actual
payment to one judgment creditor for principal and interest,
cannot refrain from saying that the State is liable for the
claims of all bona fide creditors of the Bank of Darien.—
408
JOURNAL OF THE
The judgments are held chiefly by the banking institutions
of the State, who are constantly paying a heavy tax to the
State, whilst the State is their debtor. The honor of the
State is involved in this matter, and for its preservation un¬
tarnished, your committee think immediate provision should
be made to pay these creditors, whose claims are admitted
to be just. In conclusion, your committee recommend the
passage of the following resolutions:
Resolved, That the sum of $2,932 81 cash, and the sum of
$2,250 in good notes, of the assets of the Bank of Darien,
now retained by the Central Bank, be forthwith paid and
delivered to the judgment creditors of the Bank of Darien
according to priority, and where the judgments are of equal
date, rateably ; and that all sums hereafter collected from
the assets and claims of the Bank of Darien, be in like man¬
ner paid over to such judgment creditors.
Resolved, That the remaining assets and claims of all
kinds of the Bank of Darien, be forthwith pressed to settle¬
ment and collection, and that the lands in Mississippi be sold
as speedily as possible.
Resolved, That immediate provision should be made by
the State for the payment of the principal of the various
debts above mentioned, and reported on as bona fide claims
of individuals and banks, and of such as may hereafter be
legally established against said bank.
The same being read, on motion of Mr. Leonard, fifty
copies were ordered to be printed for the use of the Senate.
On motion of Mr. Love, the Senate took up as the report
of the Committee of the whole, the bill "to render Sheriff's
Deeds admissible in suits, as prima facie evidence, without
the production of the execution under which the sale was
made, or of the judgment upon which the execution is¬
sued."
Mr. Love moved to amend, by adding the following, as
an additional section, to wit:
" And be it further enacted by the authority aforesaid, That
all Deeds to Land, lying in the State of Georgia, which may
have been, or may hereafter be executed in any other State,
and proven according to the law of the State where the
same was executed, and regularly recorded in the county
where the land lies, shall be read in evidence in any Court
oflaw or equity in this State which was agreed to. The
report as amended, was agreed to, the bill was read the
third time and passed.
* On motion of Mr. Ferrel, the Senate took up as the report
of the Committee of the whole, the bill "to amend an act
passed December 29th, 1838, to define and affix the punish¬
ment of a crime or misdemeanor, when committed by a
slave, by the <pounsel—persuasion or procurement, or other
SENATE.
409
means of free whke persons. The report \Vas agreed to, the
bill was read the third time and passed.
On motion of Mr. Grubbs, the Senate took up as the report
of the Committee of the whole, the bill " to regulate the
weighing and marking of cotton, by the several Rail Road
Companies of this State, and to prevent charges for re-
wcighing." The report was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill " to incorporate the Cherokee Insurance and
Banking Company."
Mr. A. J. Miller moved to amend by adding the follow¬
ing as an additional section, to wit :
"And be it further enacted, That the persons and property
of the stockholders in said Company, shall be pledged and
bound in proportion to the number of shares held by them
respectively, for the ultimate payment of all the debts and
liabilities of said Company, incurred while they are stock¬
holders ; and any transfer of stock made by any stockholder
within six months before the failure of said 'Company, shall
not exempt a stockholder from such liability."
Mr. Stell moved the following as a substitute for Mr.
Miller's amendment, to wit:
" And be it further enacted, That the stockholders shall be
held jointly and severally bound for all the liabilities which
do now exist, or may hereafter accrue, and in the event of a
failure of said Company, any and all transfer or transfers of
stock made within six calendar months immediately pre¬
ceding such failure, shall be deemed fraudulent and void,
and shall not exempt the said stockholders from such liabi¬
lity." Upon which motion, the yeas and nays were required
to be recorded, and are yeas 12 ; nays 23.
Those who voted in the affirmative, are Messrs.
Bryan, Micajah Johnston, Rawls,
Chisolm, Long, Ira E. Smith,
Clark, Love, Stell,
Ferrell, Quarterman. Woods.
Those who voted in the negative, are Messrs.
Anderson, Eberhart, James A. Miller,
Bailey, Edmondson, Mosely,
Byrd, Grubbs, Murphy,
Blackshear, Hines, Purse,
James E. Brown, Thomas Johnston, John W, G. Smith,
Joseph E. Brown, Leonard, Spullock,
Clayton, McRae, Turner,
Dunham, Andrew J, Miller,
So the motion was lost.
410
JOURNAL OP THE
The question recurred upon Mr. Miller's amendment,
which was agreed to. On the second section of the bill
being read as follows, to wit:
" The capital stock of'said Company shall consist of five
thousand shares of one hundred dollars each, and the said
Company may commence business in the city of Dalton,
when twenty-five per cent of their capital stock shall have
been paid in specie, or the notes of specie paying Banks."
Mr. Stell moved to amend by striking out the concluding
words, "or the notes of specie paying Banks;" which was
agreed to.
Mr. Stell moved further to amend the bill by adding the
following as an additional section, to wit:
" And be it further enacted, That the total amount of the
issues and liabilities of said Bank shall not at any time, ex¬
ceed double the amount of the capital actually paid in
which was agreed to. The report as amended, was agreed
to, the bill was read the third time, and upon the question
" shall this bill now pass ?" the yeas and nays were required
to be recorded, and are yeas 24; nays 14.
Those who voted in the affirmative, are Messrs.
Anderson, Edmondson, Murphy,
Bailey, Ferrell, Napier,
Augustus Bfeall, Hines, Purse,
Byrd, McBee, Quarter man,
Blackshear, McRae, John W. G. Smith,
James E. Brown, Andrew J. Miller, Spullock,
Joseph E. Brown, James A. Miller, Stell,
Chisolm, Mosely, Turner,
Those who voted in the negative, are Messrs.
Elias Beall, Gonder, Long,
Bryan, Grubbs, Rawls,
Clark, Micajah Johnston, Ira E. Smith,
Clayton, Thomas Johnston, Woods.
Eberhart, Leonard,
£0 the bill was passed.
Mr. Purse made the following report, to wit:
The Committee on Agriculture and Internal Improve¬
ment to whom was referred the bill " to authorize the elec¬
tion by the Legislature, of Chief Engineer of the Western
and Atlantic Rail Road," report unfavorably to the passage
of the bill.
The Senate took up as the report of the Committee of
the whole, the bill " to raise and organize a Fire Company
in the city of Atlanta, and for other purposes therein men¬
tioned. The report was agreed to, the bill was read the
third time and passed.
SENATE.
411
The Senate took up as the report of the Committee of the
whole, the bill "to provide for the collection and safe keep¬
ing of the revenues of the Western and Atlantic Rail Road,
to punish those who may attempt to defraud the sarqe, and
for other purposes therein contained;," The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill " for the relief of Andrew J. Cowart." The
report was agreed to, the bill was read the third time and
passed. ,
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, " to alter
and amend the third section of the third article of the Con¬
stitution of the State of Georgia. On the following part of
the first section being read, to wit:
" And no person shall be eligible to said office, who shall
not have been a citizen of the United States and of this
State ten years, and a resident inhabitant of the Circuit Dis¬
trict for which he may be elected, at least one year before he
is elected to said office."
Mr. Love moved to amend so that the amended Constitu¬
tion would read "who shall not have been a citizen of the
United States ten years, and a citizen of this State five
years ;" which was agreed to.
Mr. J. W. G. Smith moved to amend by adding the words
" And who has not attained the age of twenty-five years
which was lost. The report as amended, was agreed to,
the bill was read the third time, and on the question " shall
this bill now pass ?" the yeas and nays were required to be
recorded, and are yeas 31; nays 1.
Those who voted in the affirmative, are Messrs.
Anderson, Gonder, Andrew J. Miller,
Augustus Beall, Grubbs, James A. Miller.
Byrd, Hines, Murphy,
Blackshear, Micajah Johnston, Quarterman,
James E. Brown, Thomas Johnston, Rawls,
Joseph E. Brown, Leonard, John W. G. Smith,
Bryan, Long, Spullock,
Clark, • Love, Stell,
Clayton, McBee, Turner,
Eberhart, McRae, Woods.
Ferrell,
Those who voted in the negative, are Messrs.
Elias Beall,
So the bill was passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives " to extend
412
JOURNAL OF THE
the provisions of the act of 1799, in relation to notices to
produce papers, books, writings, &c., so as to embrace
causes in equity, &c. The report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives " to alter and
amend the twelfth section of the second article of the Consti¬
tution of the State of Georgia." The report was agreed to,
the bill was read the third time, and on tfye question "shall
this bill now passthe yeas and nays were required to be
recorded, and are yeas 24; nays 5.
Those who voted in the affirmative, are Messrs.
Augustus Beall, Eberhart, Love,
Byrd, Edmondson, McBee,
Blacksbear, Ferrell, McRae,
James E. Brown, Grubbs, Andrew J. Miller,
Joseph E. Brown, Hines, John W. G. Smith,
Bryan, Thomas Johnston, Spullock,
Clark, Leonard, Turner,
Clayton, Long, Woods.
Those who voted in the negative, are Messrs.
Anderson, Micajah Johnston, Rawls,
Elias Beall, Quarterman,
So the bill was passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to reduce
the price of Public Printing, which on motion of Mr. A. J.
Miller, was referred to a Select Committee consisting of
Messrs. A. J. Miller, Spullock and Stell.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to amend
the Guardian Laws of this State, which on motion was re¬
ferred to a Select Committee, consisting of Messrs. Clark,
A. J. Miller and Stell.
Mr. Stell offered the following resolution, to wit:
Resolved, That his excellency the Governor be, and he is
hereby respectfully requested to furnish George White, one
copy of each of the Journals of the Senate and House of
Representatives ; also, copies of the acts of the Legislature
from 1789, to 1849 inclusive, which was taken up, read and
agreed to.
The following message was received from the House of
Representatives by Mr. Harrison, their Clerk:
Mr. President—'The House of Representatives have passed
the following bills, which originated in the Senate, to wit:
The bill to incorporate an Academy at Centervillage in
SENATE.
413
the county of Camden* and to provide means for erecting
suitable^buildings for the same.
The bill to incorporate Spring Place Academy in the
county of Murray, and to appoint Trustees for the same.
The bill to incorporate the LaGrange Collegiate Seminary,
for Young Ladies.
The bill to authorize the Justices of the Inferior Court of
the county of Liberty, to sell a lot of land known as the Pa¬
rade Ground in said county.
And a bill to revive the several acts passed by former
Legislatures of this State, incorporating the town of Craw-
fordville in the county of Taliaferro.
And also, the bill of Senate to alter and fix the times of
holding the Inferior Court of Baker county, with amend¬
ments by a substitute.
To which they desire the agreement of the Senate.
They have also passed the following bills of the Senate,
to wit:
A bill to incorporate the Dahlonega Male and Female
Academy, and to appoint Trustees for the same.
A bill to incorporate New Hope Baptist Church, and New
Hope Academy in the county of Lincoln, and to appoint
Trustees for the same. *
A bill to close elections at the precincts in the county of
Sumter, at the hour of three o'clock, P. M.
A bill to incorporate Marion Lodge number fourteen, of
Free and Accepted Masons, of Marion county.
A bill to abolish the precincts at the house of Theodo-
rick Montfort and R A. Hull in the county of Talbot, and
to establish a precinct at McCants' Mills, the place of holding
Justices Courts in 757 district, G. M.
A bill to create an additional election precinct, and to re¬
move various others in the county of Washington.
A bill to exempt members of the Upson Light Dragoons
from patrol duty, and work on the public road.
A bill to incorporate the Presbyterian Church at Griffin,
and to appoint Trustees for the same.
A bill to repeal an act passed the 25th day of December,
1837, entitled an act to consolidate the offices of Tax Col¬
lector and Receiver of Tax Returns in Early county.
A bill to compensate the Grand and Petit Jurors of the
county of Meriwether, and to authorize the Justices of the
Inferior Court io levy an extra tax for that purpose.
A bill to repeal so much of an act entitled an act to com¬
pensate Grand and Petit Jurors in the counties of Wilkes
and Thomas, assented to 25th December, 1837, as relates
to the Grand Jurdrs of the county of Thomas.
A bill to compensate Clerks at elections, so far as regards
the county of Bibb.
' A bill to authorize Hardy Pace and Pinkney H. Randall,
414
JOURNAL OF THE
of Cobb county, to build a mill dam across the Chattahoochee
river, on their own land.
A bill to repeal an act incorporating the town of Spring¬
field, in the county of Cobb.
A bill authorizing the Inferior Court of Cobb county to
pay the citizens of said county for services rendered as
Jurors.
A bill to give additional compensation to the Petit Jurors
of the county of Randolph.
A bill to require persons liable to work on the roads, re¬
siding within the corporate limits of Houston, Heard county,
to work on the roads in said district.
A bill to authorize the Justices of the Inferior Court of
Baker county to levy a county tax.
A bill to incorporate Searsville Academy in the county
of Marion, and to appoint Trustees for the same.
A bill to remove an election precinct in the county of
Carroll.
A bill to repeal an act consolidating the offices of Tax
Collector and Receiver in the counties therein named-, so far
as respects the county of Thomas.
And a bill to incorporate Philpmathia Lodge ot Free Ma¬
sons in the county of Elbert, with certain privileges.
On motion,
The Senate then adjourned until nine o'clock to-morrow
morning.
SATURDAY, JANUARY 26, 1850.
The Senate met pursuant to adjournment.
On motion of Mr. Love, the Senate reconsidered so much
of the journal of yesterday, as relates to the passage of the
bill to render Sheriff's Deeds admissible in suits as prima
facia evidence, wiihout the production of the Execution under
which the sale was made, or of the judgment upon which
the execution issued.
Leave of absence was granted to Messrs. Augustus Beall
and Micajah Johnston, for a few days.
On motion of Mr. Love, the Senate took up as the report
of the Committee of the whole, the reconsidered bill to ren¬
der Sheriff's Deeds admissible in suits as prima facia evi¬
dence, without the production of the execution under which
the execution was made, or of the judgment upon which the
execution issued.
The second section being read as follows:
And be it further enacted by the authority aforesaid, That all^
Deeds to land lying in the State of Georgia, which may
SENATE.
415
have been, or may hereafter be executed in this State, and
proven according to the law of the State, where the same
was executed and regularly recorded in the county where
the land lies, shall be read in evidence in any Court of Law
or Equity in this State.
Mr. Love moved to amend by adding after the words
" law of" the words " this State or," which was lost.
Mr. A. J. Miller moved to strike out the second section,
which was agreed to. The report as amended was agreed
to, the bill was read the third time and passed.
Mr. Stell from the Committee on Enrolment, reports as
duly enrolled and signed by the Speaker of the House of
Representatives, and ready for the signature of the President
of the Senate, an act to prevent the people of this State from
vexatious prosecutions in cases when Grand Juries may
hereafter refuse to find true bills.
Also, an act to curtail and simplify Civil Pleadings.
Also, and act to change the line between the counties of
Ware and Wayne, so as to include the residence of Thomas
Purdom, James Amnions and Wiley Robinson in the county
of Wayne, and also to include the residence of Abraham
Knight, junior, of the county of Ware, lot No. 417, 6th dis¬
trict, in the county of Wayne.
On motion of Mr. McRae, the Senate took up the follow¬
ing resolution, to wit:
Resolved by the Senate and House of Representatives, of the
State of t Georgia in General Assembly met, That our Sena¬
tors and Representatatives in Congress, be and they are
hereby requested to have established a weekly mail route,
from Holmesville in Appling county, to Reidsville in Tatnall
county in this State.
Mr. William Jones moved to amend as follows :
"Also, a weekly mail route from Troupville, Lowndes
county, to Jasper, Hamilton county, Florida," which was
agreed to.
Mr. Bailey moved to amend by adding the following :
"Also, a tri-weekly mail route from Monticello in Jasper
county, by the way of the Planter's Factory and Jackson
in Butts county, to the City of Griffin," which was agreed to.
Mr. Clayton offered the following amendment:
" To have the mail service increased on route No. ,
from Athens, Georgia, to Carnesville, from once to twice a
week, and that the same be extended to Clarkesville, Haber¬
sham county, Georgia," which was agreed to.
Mr. Clark offered the following amendment:
" Also, a weekly mail route from Blakely in Early coun¬
ty, to Bainbridge in Decatur county, with a Post Office at
some intermediate point," which was agreed to. The reso¬
lution as amended was read and adopted.
On motion of Mr. Clark, the bill of the House of Rep re.
416v
JOURNAL OF THE
sentatives to authorize the Justices of the Inferior Court of
Baker county to levy a county tax, was taken up and read
the first time. ,
The Senate took up as the report of the Committee of the
whole, the bill to authorize the election of the Principal Keep¬
er of the Penitentiary, and the Chief Engineer of the West¬
ern and Atlantic Rail Road, by the Legislature of the State
of Georgia, and to fix the salaries of the same.
Mr. Joseph E. Brown moved to make the bill the special
order of the day for Thursday next. Upon which motion
the yeas and nays were required to be recorded, and are
yeas 19, nays 22.
Those who voted in the affirmative, are Messrs.
Joseph E. Brown, Long,
Love,
McBee,
Mosely,
Murphy,
Napier,
Clayton,
Eberhart,
Ferrell,
Gonder,
Grubbs,
Hines,
Thomas Johnston,
Purse,
Rawls,
Ira E. Smith,
Spullock,
Stell,
Turner.
Bryan,
Clark,
Dunham,
Edmondson,
William Jones,
John Jones,
Those who voted in the negative, are Messrs.
Anderson,
Bailey,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Chisolm,
So the motion was lost.
Mr. A. J. Miller moved to postpone the bill to Tuesday
next. On which motion the yeas and nays were required
to be recorded, and are yeas 33, nays 7.
Those who voted in the affirmative, are Messrs.
Leonard,
McRae,
Andrew J. Miller,
James A. Miller,
Quarterrnan,
John W. G. Smith,
Woods.
Anderson,
Bailey,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Joseph E. Brown,
Bryan,
Chisolm,
Clayton,
Dunham,
Eberhart,
Edmondson,
F errell,
Gonder,
Grubbs,
Hines,
, Thomas Johnston,
John Jones,
Leonard,
Love,
McBee,
McRae,
Andrew J. Miller,
James A. Miller,
Mosely,
Quarterrnan,
Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Woods.
SENATE.
417
Those who voted in the negative, are Messrs.
Clark, Murphy, Purse,
William Jones, Napier, - Turner,
Long,
So the motion prevailed.
Mr. Stell from the Committee on Enrolment, reported as
duly enrolled and ready for the signature of the President
of the Senate, an act to authorize the Justices of the. Inferior
Court of the county of Liberty, to sell a tract of land known
as the Parade Ground in said county.
Also, an act to incorporate Spring Place Academy in the,
county of Murray, and to appoint trustees for the same.
On motion of Mr. Love, the Senate took up the bill of the
House of Representatives, to perfect service of sci fa on ab¬
sent defendants, in case of dormant judgments."
Mr. A. J. Miller moved to recede from the amendment of
the Senate to the bill, and agree to the original bill; which
was agreed to, and the bill was passed.
Mr. Love reported a bill to compensate Solicitors General
for services rendered the State in the Supreme Court, in
criminal cases; which was read the first time. x
The Senate took up as the report of the Committee of the
whole, the bill to incorporate a Bank in the city of Savan¬
nah, to be called the " Bank of Savannah." On the tenth
section being read as follows, to wit:
»' The said Bank of Savannah shall be permitted and are
hereby authorized to issue bills or notes of credit, payable
to bearer on demand, signed by the President and counter¬
signed by the Cashier ; but the total amount .of debts which
the said corporation shall at any time owe, either by bond,
bill, note or contract, shall not exceed three times the
amount of their capital stock over and above the amount of
specie actually deposited in their vaults for safe keeping."
Mr. Stell moved to amend by striking out the whole sec¬
tion, and inserting in lieu thereof, the following, to wit:
tC And be it further enacted, That from the time this act
shall take effect, the total amount which the Bank shall at
any time owe, whether by bond, bill, note or other contract,
shall not exceed double the amount of its capital," which
was agreed to.
Mr. Ferrell moved to amend by offering the following as a
substitute for the bill, to wit:
And be it further enacted, That the incorporated Banks of
this State be and they are hereby authorized to increase
their capital stock to the amount of twenty per cent on the
amount of their capital stocks paid in, and the said increased
capital shall be subject to all the rules, regulations and lia¬
bilities contained in their several charters.
27
418
JOURNAL OF THE
And be it further enacted, That said incorporations be
further authorized to issue bills under the sum of five dol¬
lars, to the amount of ten per cent on their capital, "pro¬
vided that no Bank shall issue bills of a less denomination
than one dollar."
Upon receiving the substitute in lieu of the original bill,
the yeas and nays were required to be recorded, are yeas
10, nays 22.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, Leonard,
Byrd, Ferrell, Love,
James E. Brown, Thomas Johnston, McRae,
Clayton,
Those who voted in the negative, are Messrs.
Bailey, William Jones, Purse,
Blackshear, Long, Quarterman,
Joseph E. Brown, McBee, Rawls,
Chisolm, Andrew J. Miller, John W. G. Smith,
Clark, James A. Miller, Ira E. Smith,
Dunham, Murphy, Stell,
Edmondson, Napier, Turner.
Grubbs.
So the substitute was rejected.
Mr. Napier moved to amend by adding the following as
an additional section, to wit:
And be it Jurther 1enacted, That the said Bank, after the
organization aforesaid, shall establish a Branch at the City
of Macon, and one fourth part of its capital be required there
to be used; also, a Branch at the City of Griffin, and one
fourth part of its capital be there used.
Mr. Ferrell moved to amend the amendment by adding
"and also a Branch at LaGrange, and one fourth part of its
capital be there used," which was lost.
Mr. Murphy moved to amend by adding "and the balance
at Atlanta," which was lost.
The question recurring upon Mr* Napier's amendment,
the yeas and nays were required to be recorded, and are—
yeas 12, nays 24.
Those who voted in the affirmative, are Messrs.
Bailey, Love, Napier,
Byrd, McRae, Ira E. Smith,
Bryan, James A. Miller, Stell,
John Jones, Murphy, . Woods.
Those who voted in the negative, are Messrs.
Anderson, Blackshear, Joseph E. Brown,
Elias Beall, James E. Brown, Chisolm,
senate.
419
Clark,
Hines,
Andrew J. Miller,
Clayton,
Dunham,
Eberhart,
F errell,
Grubbs,
William Jones,
Leonard,
Long,
McBee,
Thomas Johnston, Purse,
Quarterrnan,
John W. G. Smith,
Spullock,
Turner.
So the amendment was rejected.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
passed the following bills, to wit:
A bill to incorporate Concord Church in the county of
Tattnall.
A bill to incorporate Western Lodge No. 91, of Free and
Accepted Masons.
A bill to incorporate Rock Spring Academy, and Haral¬
son Academy, in the county of Coweta, and to appoint
Trustees for the same.
A bill to repeal all laws heretofore passed incorporating
the town of Cassville,- in this State.
A bill to incorporate the Lafayette Female Academy.
A bill to incorporate Harrison Academy in Wilkinson
county and appoint Trustees for the same.
A bill to incorporate the Carrolton Male Academy in the
county of Carroll, to appoint Trustees for the same, and for
other purposes therein named.
A bill to authorize the Justices of the Peace in the 1026th
district to hold Court two days in each month.
A bill to change the time of holding the Inferior Courts of
the counties of Gilmer and Harris.
A bill to incorporate the Mallorysville Academy in Mor¬
gan county, and to appoint Trustees for the same.
And a bill to compensate the Grand and Petit J urors in
the Connty of Gilmer, and to provide for the payment of the
same.
On motion,
The Senate adjourned until three o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate resumed the unfinished business of the
morning, to wit:
The bill to incorporate a Bank in the City of Savannah,
to be called the " Bank of Savannah."
Three o'clock, p. m,
420
JOURNAL OF THE
Mr. Joseph E. Brown moved to amend by adding the fol¬
lowing section, to wit:
Be it further enacted, That the Legislature reserves the
right for just cause, to revoke at any time the powers and
privileges herein granted, and to prescribe the manner in
which the affairs and business of said Company shall be
settled.
Mr. Bailey moved to amend the -amendment by adding
the following, to wit:
" So far as referring to the Judiciary the question involv¬
ing the violation of the Charter hereby granted,'* which was
agreed to. *
The question was then upon the amendment as amended,
which was lost.
The report was agreed to, the bill was read the third time
and on the question " shall this bill now pass ?" the yeas
and nays were required to be recorded, and are yeas 16,
nays 12.
Those who voted in the affirmative, are Messrs.
Blackshear, William Jones, . Quarterman,
James E. Brown, Long, Rawls,
Chisolm, Andrew J. Miller, John W. G. Smith,
Ferrell, James A. Miller, ■ Spullock,
Grubbs, Purse, Turner.
Hinek,
Those who voted in the negative, are Messrs.
Byrd, Clayton, Leonard,
Joseph E. Brown, Eberhart, Love,
Bryan, Thomas Johnston, McRae,
Clark, John Jones, Woods.
So the bill was passed.
Leave of absence was granted to Messrs. Edmondson and
Napier for a few days. ,
On motion of Mr. J. W. G. Smith, the order was suspend¬
ed and the following resolution was taken up t
" Resolved by the ' Senate and House of Representatives, That
the Surveyor General of the State of Georgia, be and he is
hereby authorized to employ if necessary, a Clerk to aid him
in the business of his office, who shall be entitled to the sum
of $600 for his services for one year."
On motion the same was referred to a select committee
consisting of Messrs. J. W. G. Smith, Clayton and John
Jones.
Mr. Spullock Irom the Committee on Finance, to whom
had been referred the bill to provide for disposing of certain
lands in the 12th and 13th districts of the county of Ware,
which were sold under an act passed the 23d day of Decern;
SENATE.
421
ber,1833, and which have not been paid for and granted by
the purchasers under said act, reported the bill back to the
Senate without any amendment.
On motion, the bill was made the special order of the day
for Monday next.
Mr. Ferrell made the following report, to-wit:
" The committee to' whom was referred the petition of
Benjamin H. Cameron, praying the State to pay to him the
sum of three hundred and ninety-five dollars, which saitji
Cameron had to lose as an abatement of the purchase mo¬
ney of fractional lot of land, number 145 in the 5th district
of Troup county, sold in consequence of the deficiency of
the number of acres represented by the State that it contain¬
ed at the time of sale, the facts of which being more fully set
forth in said petition, beg leave to make the following report:
That they have examined the facts contained in said peti¬
tion, and the testimony adduced to prove the same, that
they thfnk the prayer of the petitioner reasonable and just,
and recommend the payment of the sum of three hilndred
and ninety-five dollars with interest thereon from the time
of said loss, to said Cameron, and that it be placed in the
appropriation bill; which on mbtion of Mr. Ferrell, was ta¬
ken up, read and agreed to.
Mr. Turner made the following report, to-wit:
"The committee to whom was referred the bill allowing
the county of Irwin to retain the State tax for the year 1850,
for county purposes, have had the same under consideration
and beg leave to report it back to the Senate without any
suggestion on their part."
Mr. Chisolm made the following report:
1 am directed by the committee on public education and
free schools, to whom the two bills of the Senate were re¬
ferred, to make the following report:
The bill to authorize and require the Justices of the Peace
of the respective districts in the counties of Lumpkin and
Union to examine and pass upon the qualifications of the
teachers of poor children, being a local measure, and the
laws now regulating said counties being local, and giving in¬
to the hands of the Justices of the Peace the almost exclu¬
sive management of the poor schools and poor school funds,
the committee having had the same under consideration, re¬
port the bill back and recommend its passage.
The bill to amend an act to establish a general system of
education by common schools in the State of Georgia, so far
as relates to the county of Murray, the committee have had
under consideration and beg leave to report the bill back
with an amendment and recommend its passage.
The Senate took up as the report of the Committee of the
whole, the bill to authorize the tax collector of the county of
Irwin to retain the State taxes for the year 1850, and pay
4:22
JOURNAL OF THE
over the same to the county treasurer for county purposes."
Mr. Long moved to amend by adding the following as an
additional section:
" A?id be it further enacted, That the taxes due the State
from the county of Glynn for the year 1850, be and the same
is hereby given to the county of Glynn to cut a Canal from
Turtle River to the Little Satilla. Upon receiving the
amendment, the yeas and nays were required to be record¬
ed, and are—yeas 21, nays 10.
Those who voted in the affirmative, are Messrs.
Anderson, Hines, Purse,
Blaekshear, William Jones, Quarterman,
Clark, Leonard, Rawls,
Clayton, Long, John W. G. Smith,
Dunham, Love, Stell,
Ferrell, McRae, Turner,
Grubbs, Murphy, Woods.
Those who voted in the negative, are Messrs.
Elias Beall, Bryan, McBee,
Byrd, Eberhart, Andrew J. Miller,
James E. Brown, Thomas Johnston, James A. Miller.
Joseph E. Brown,
So the motion prevailed.
Mr. Leonard moved to amend by adding the following as
an additional section, to-wit:
((And be it further enacted, That the county of Muscogee
shall retain her taxes for the years 1850 and 1851, for the
purpose of clearing out the obstructions below the City of
Columbus," which was lost.
Mr. Quarterman moved to amend by adding the following
additional section, to-wit:
Beit further enacted, Sfc., That the Tax Collector of the
county of Liberty, be and is hereby authorized to pay over
to the County of Treasurer, the sum of one thousand dollars
out of the State tax of said county, for the year 1850, to be
applied under the direction of the Justices of the Inferior
Court of said county, in improving the navigation of the
Canouchee river," which was agreed to.
Mr. Stell moved to amend by adding the following as an
additional section:
" Be it enacted, That the Tax Collector of Fayette county
pay over to the Treasurer of said county the whole of the
tax for the years 1850 and 1851, for the purpose of being
applied under the direction of the Inferior Court to county
purposes," which was lost.
Mr. Love moved to amend by adding the following as aa
additional section:
SENATE.
423
u And be it further enacted, That the county of Thomas be
allowed to retain the sum of one thousand dollars out of the
State tax for the year 1850, for the purpose of building a
Court House in the town of Thomasville," which was lost.
Mr. William Jones moved to amend by adding the follow¬
ing as an additional section, to-wit:
" And that the Tax Collector be authorized to pay over to
the County Treasurer of Lowndes, the sum of one thousand
dollars for county purposes," which was lost.
Mr. A. J. Miller offered the following as an additional sec¬
tion, to-wit:
" And be it further enacted, That the Tax Collector of Co¬
lumbia county be authorized to pay to the Justices of the In¬
ferior Court of said county, one half of the State tax for the
years 1850 and 1851, to be applied to the erection of a new
Court House and Jail," which was lost.
Mr. Woods moved to amend by adding the following as an
additional section:
" And be it further enacted, That the county of Lumpkin be
entitled to retain the State tax for 1850 and '51, to pay a
debt due by the county for building a Court House,which
was lost.
Mr. Hines 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 18, nays 13.
• Those who voted in the affirmative, are Messrs.
Anderson, Bryan, McBee,
Elias Beall, Eberhart, Andrew J. Miller,
Byrd, Hines, James A. Miller,
Blackshear, Thomas Johnston, Murphy,
James E. Brown, Leonard, Rawls,
Joseph E. Brown, Love, Woods.
Those who voted in the negative, are Messrs.
Clark, William Jones, Quarterman.
Clayton, Long, John W. G. Smith,
Dunham, McRae, Stell,
Ferrell, Purse Turner.
Grubbs,
So the motion prevailed.
The following message was received from his excellency
the Governor, by Mr,. Patton, his Secretary:
Mr. President—His excellency the Governor has approv¬
ed and signed the following acts:
An act to incorporate the First Baptist Church in the City
of Atlanta in DeKalb county, and appoint trustees for the
same.
224:
JOURNAL OF THE
An act to authorize the trustees of the Male Academy of
the town of Greenesborough, to sell and dispose of a portion
of the land belonging to said Academy and appropriate the
money arising from the sale of the same.
An act to alter the time of holding the election for Com¬
missioners of the town of Greenesborough, and to alter and
change the manner of electing the Marshal of said town :
An act to authorize the Sheriffs,t Clerks and Coroners of
Pulaski county, to advertise their sales in some paper pub¬
lished at Milledgeville or at Macon, or in the town of Albany,
Baker county.
An act to authorize Jacob Pittmah, a decrepid and infirm
man, a citizen of the county of Ware, to vend and peddle on
all goods, wares and merchandize, throughout all-the coun¬
ties of the First Congressional District, without paying a fee
or license for the same.
An act to appropriate certain hands to do road duty on
the west side of the old post road and north of the Satilla
river in Camden county.
An act to incorporate the Madison Female College to be
located in the town of Madison, Georgia.
An lact to change the name of Malinda Jane Reaves, a fe¬
male infant of Troup county, to Malinda Jane Yarbrough,
and for other purposes therein mentioned.
An act to incorporate the town of Tunnel Hill in the coun¬
ty of Murray, which 1 am instructed to return to this branch
of .the General Assembly.
I am also instructed to lay before the Senate a communi¬
cation from the Governor containing his reasons for withhold¬
ing his assent from " an act entitled an act to repeal an act
entitled an act to alter and amend the several acts regulating
roads in this State so far as respects the operation of said
act in the counties of Bryan, Liberty, Mcintosh, Glynn and
Wayne, approved December 8th, 1806, and to provide for
the filling of vacancies in the Board of Commissioners au¬
thorized by the original act of 1803."
On mtion of Mr. Anderson, the following bills of the
House of Representatives were taken up, read the second
time and referred to the Committee of the whole.
A bill supplementary to the General Tax Laws, and to
tax certain property therein mentioned, which has hereto¬
fore been exempt from taxation.
A bill to incorporate the Dahlonega and Marietta Turn¬
pike and Plank Road Company; and also to incorporate
the Cumming and Atlanta Turnpike and Plank Road Com¬
pany.
A bill to incorporate the Lagrange Riflemen of the coun¬
ty of Troup, and to give them certain privileges and exemp¬
tions.
SENATE.
425
A bill to add a portion of the county of Hall to the coun¬
ty of Lumpkin.
A bill to alter and amend an act approved December the
22d, 1832, which requires that the Jailors of the several
counties of this State advertise or publish all runaway
slaves in,one of the papers of Miliedgeville.
A bill to reduce the fees of the Clerk of the Court of Or¬
dinary for issuing marriage licenses. t
The following bills of the House were taken up and read
the first time, to wit:
A bill to compensate Clerks at elections, so far as regards
the county of Bibb.
A bill to repeal all laws heretofore passed incorporating
the town of Cassville, in this State.
Also, a bill to require persons liable to work on the roads,
residing within the corporate limits of Houston, Heard
county, to work on the roads in said District.
Also, a bill to incorporate the Harrison Academy, in
Wilkinson county.
A bill to incorporate Philomathea Lodge of Free Masons,
in the county of Elbert, with certain privileges.
A bill to incorporate Western Lodge No. 91, of Free and
Accepted Masons.
A bill to remove an election precinct in the county of Car¬
roll.
A bill to repeal an act consolidating the offices of Tax
Collector and Receiver in the counties therein named, so,
far as respects the county of Thomas.
Also, a bill to incorporate Searsville Academy, in the
county of Marion, and to appoint trustees for the same.
Also, a bill to incorporate LaFayette Academy.
Also, a bill to incorporate the Dahlonga Male and Female
Academy, and appoint trustees for the same.
Also, a bill to incorporate New Hope Baptist Church and
New Hope Academy, in county of Lincoln, and appoint
trustees for the same.
Also, a bill to abolish the election precincts at the houses
of Theodoric Montford and R. A. Hall, and to establish a
precinct at McCant's Mills, the place of holding Justice's
Courts in the 757th Dist. G. M.
Also, a bill to close elections at the precincts in the coun¬
ty of Sumter, at the hour of 3 P. M.
Also, a bill to create an additional election precinct in the
county of Washington, and to change various election pre¬
cincts in the same.
Also, a bill to incorporate the town of Cartersville, in the
county of Cass.
Also, a bill to exempt the Upson Light Dragoons from
patrol duty and work on the public Toads.
Also, a bill* authorizing the Inferior Court of Cobb coun*
426
JOURNAL OF THE
ty to pay the citizens of said county for services rendered
as jurors.
Also, a bill to repeal an act incorporating the town of
Springville, in the county of Cobb.
Also, a bill to incorporate the Mallorysville Academy,
in Morgan county, and to appoint trustees for the same.
Also, a bill to compensate the Grand and Petit Jurors of
the county of Gilmer, and to provide for the payment of the
same.
A bill to authorize Hardy Pace and Pinckeny H. Ran¬
dall, of Cobb county, to build a mill dam across the Chat¬
tahoochee River, on their own land.
A bill to authorize the Justices of the Peace in the 1026th
Dist. G. M. to hold Court two days in each month.
Also, a bill to compensate the Grand and Petit Jurors of
the county of Meriwether, and to authorize the Justices of
the Inferior Court to levy an extra tax for that purpose.
Also, a bill to repeal so much of an act entitled an act to
compensate Grand and Petit Jurors in the counties of Wilkes
and Thomas, assented to 25th December, 1837, as relates
to the Grand Jurors of the county of Thomas.
A bill to change the time of holding the Superior Courts
of the counties of Gilmer and Harris.
A bill to repeal an act passed the 25th day of December,
1837, entitled an act to consolidate the offices of Tax Col¬
lector and Receiver of Tax Returns of Early county.
A bill to incorporate Rock Spring Academy, in the coun¬
ty of Coweta, and to appoint Trustees for the same.
A bill to incorporate the Presbyterian Church at Griffin,
and to appoint trustees for the same.
A bill to incorporate the Carrolton Male Academy, in the
county of Carroll, to appoint trustees for the same, and for
other purposes therein named.
A bill to incorporate Concord church, in the county of
Tattnall.
A bill to give additional compensation to the Petit Jurors
of the county of Randolph.
Mr. Stell, from the Committee on Enrolment, reported as
duly enrolled and ready for the signature of the President
of the Senate, an act to incorporate the Lagrange Collegiate
Seminary for Young Ladies.
Also, an act to incorporate'an Academy at Centre village,
in the county of Camden, and to provide means for erecting
suitable buildings for the same.
Also, an act to revive the several acts passed by former
Legislatures of this State, incorporating the town of Craw¬
ford ville, in the county of Taliaferro.
Mr. William Jones laid upon the table a resolution in ref¬
erence to Senators obtaining leave of absence ; which was
read.
senate.
427
On motion,
The Senate adjourned until nine o'clock Monday
morning.
MONDAY, Jan. 28, 1850.
The Senate met pursuant to adjournment.
Messrs. .William Jones and Quarterman asked and ob¬
tained leave to change their votes, upon the motion to lay
the bill to authorize the Tax Collector of the county of Trwin
to retain the State taxes for the year 1850, and pay over the
same to the County Treasurer for county purposes, upon
the table for the balance of the session.
On motion of Mr. Long, the Senate reconsidered so much
of the Journal of Saturday as relates to the action of the
Senate upon the bill to authorize the Tax Collector of the
county of Irwin to retain the State taxes for the year 1850,
and pay over the same to the County Treasurer for county
purposes.
Mr. Clark, from the Committee to whom had been re¬
ferred the bill to amend the laws relating to Guardianship
in this State, so as to compel persons making application
for letters of Guardianship, to give a thirty days notice be¬
fore such letters are granted, reported the same back to the
Senate with amendments.
Mr. Quarterman presented the memorial of a number of
citizens of Liberty county, complaining against the exclu¬
sive privilege granted to the proprietor^ of the Bridge,
originally called Hill's Bridge, over Great Ogechee river,
which on his motion, was referred to the Committee on the
Judiciary.
Mr. Murphy asked and obtained leave to report the fol¬
lowing bill:
A bill to alter the time of meeting of the General Assem¬
bly of the State of Georgia, which was read the first time.
The Senate took up the special order of the day, to wit:
The report of the Committee of the whole, on the bill to
provide for disposing of certain lands in the Twelfth and
Thirteenth districts in the county of Ware, which were sold
under an act passed the 23d day of December, 1833, and
which have not been paid for and granted by the purchasers
under said act.
Mr. William Jones moved to amend by adding the fol¬
lowing proviso:
" Provided that nothing in this act shall be so construed
as to authorize the issuing of a grant to anyjlot of land for
,428
JOURNAL OF THE
which all the purchase money was* not fully paid previous
to the passage of the act approved 30th December, 1847.'
Pending the discussion thereon (Mr. Leonard in the Chair)
Mr. Wofford moved to postpone the report and amendment
for the present, which was lost.
Mr. .Long moved to recommit the same, and refer it to the
Committee on the Judiciary, which was agreed to.
The Senate took up as the report of the Committee of the
whole, the reconsidered bill to alter and amend the several
ac.ts of this State, so far as relates to the counties wherein
the trial of claims to personal property levied on under exe¬
cution, shall be had, &c.
Mr. Bailey moved to amend by adding the following pro¬
viso, to wit:
" Provided that the claimant, his Attorney or agent, shall
at the time of filing said claim, make oath that the property
so claimed was not, with his knowledge and consent, trans¬
ferred to the county in which the claim is made, for the
purpose of being there claimed and tried."
Mr. A J. Miller moved to amend the amendment by ad¬
ding the following, to wit:
"And that he verily believes the property is not subject
to the execution," which was agreed to. The amendment
as amended was agreed to. The report as amended was
agreed to, the bill was read the third time and passed.
. The Senate took up as the report of the Committee of the
whole, the bill to authorize all persons whatever to establish
Ferries and erect Bridges across water courses or streams,
on their own land.
Mr. Ferrell moved to amend by adding the following pro¬
viso, to wit:
" Provided that this act shall not allow the establishment
of Ferries and Bridges to interfere with the rights arid privi¬
leges of ferries and bridges heretofore ordered and chartered
in this State, either by the Inferior Courts or the Legisla¬
ture.
Mr. Chisolm moved to lay the bill with the amendment
on the,table for the balance of the session, which was lost.
Mr. Spullock moved to lay the bill and amendment on the
table for the present, which was lost.
The question then recurred on Mr. Ferrells' amendment,
which was agreed to. The report as amended was agreed
to, the bill was read the third time and passed.
On motion of Mr. John Jones the rule was suspended,
and leave granted him to introduce the following bill, (o
wit:
A bill to separate the offices of Receiver of Tax Returns
and Tax Collector, of the county of Carroll, which was read
the first time.
SENATE.
429
The following bills were taken up, read the second time
and referred to the Committee of the whole, to wit:
A bill to exempt Physicians from jury duty.
A bill to compensate Solicitors General for services ren¬
dered the State in the Supreme Court in criminal cases.
On motion of Mr. Purse, bills of the House of Representa¬
tives were taken up for a third reading.
The Senate took up as the report of the Committee of the
whole, the 'bill of the House of Representatives, supple¬
mentary to the general tax laws, and to tax certain pro¬
perty therein mentioned, which has heretofore been exempt ,
from taxation.
On the second section being read as follows, to wit:
And be it further enacted, That the increase of capital of
the Georgia Rail Road, be and the same is hereby taxed
thirty-one and one quarter cents on every hundred dollars
worth. s
Mr. A. J. Miller moved to amend by inserting after the
words "Georgia Rail Road" and before the word " be," the
following,. " and Banking Company authorized by the act
of the present session of the General Assembly," which was
agreed to.
On the third section being read as follows, to wit:
" And be it.Jurther enacted, That the President of the Cen¬
tral Rail Road do pay into the treasury of the State on oath,
on or before the thirty-first day of December, 1850, one
half of one per cent on the said Rail Road and its appurte¬
nances, under the penalty of double, tax, to be collected by
execution to be issued by the Treasurer."
Mr. Purse moved to amend, by striking out the words
" on the said Rail Road and its appurtenances," and in¬
serting in lieu thereof, the words "on its nett annual in¬
come which was agreed to.
Mr. A. J. Miller moved to amend by adding the follow¬
ing as an additional section, to wit:
" And for the amending of an act passed at the present
session of the General Assembly, in relation to the Georgia
Rail Road and Banking Company:
Be it enacted, That the • tax which may be imposed by the
State on the increased capital of one million of dollars au¬
thorized by said act, shall not exceed one half of one per
cent per annum."
On motion of Mr. Bailey, the report and amendments
were laid upon the table for the present.
Mr. Bailey made the following report:
The committee to whom was referred the following bills,
have had the same under consideration, and recommend the
same, with amendments:
A bill to amend an act, approved December 10th, 1803, to
authorize the Justices of the Inferior Courts of this. State to
430
journal of the
discharge insolvent debtors confined by process from any
Court, &c." so far as to amend the caption of the same.
Also, a bill to amend the several laws of this State, in re¬
lation to writs of certiorari.
Also, a bill " to authorize Nancy Weston, the wife of
James Weston, of the county of Cass, to exercise all the
rights of a feme sole."
Also, a bill to regulate the taking of testimony by inter¬
rogatories for the Courts of this State, and to confer certain
powers of the Judges of the Superior Courts when in con¬
vention, to revise the Rules of Practice in. relation to this
subject.
The committee have considered and recommended the
passage of the bill " to revise, alter and amend an act enti¬
tled an act for preventing controversies concerning the boun¬
daries of land, and for processioning the same, approved
Feb. 2d, 1778; and have had under consideration a bill to
repeal an act entitled an act to authorize a grant to issue to
John P. Dodson, of the county of Fayette, to Lot No. 264,
in the Fifth District, in the county of Irwin, approved Dec.
30, 1837, and direct the same to be reported unfavorably,
because the Legislature has no constitutional power to re¬
peal the act designated.
Also, have had under consideration and direct to report
unfavorably the bill to extend the jurisdiction of Justices of
the Peace in this State, so as to authorize them to try ac¬
tions sounding in damages where the verdict does not ex¬
ceed thirty dollars.
Mr. Spullock made the following report :
" The Finance Committee, to whom was referred the
House bill for the relief of Sarah A. Stephens, of the county
of Wilkes, beg leave to report, " that upon examination, the
committee find that the said Sarah A. Stephens has paid a
tax upon the same property in both the counties of Wilkes
and Taliaferro, for the year 1848—that she presents the
receipts from the Tax Collectors of Wilkes and Taliaferro,
and also the certificate of the Comptroller General, in proof
of the justice of her claim, and your committee recommend
the passage of the bill.
On motion,
The Senate adjourned until three o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Stell, from the Select Committee to whom was refer¬
red diverse bills having for their object the incorporation of
SENATE.
431
sundry lodges, and one chapter of Free and Accepted Ma¬
sons, have had the same under consideration, and ask leave
to report, that your committee have consolidated the several
bills, and recommend the same to the favorable considera¬
tion of the Senate.
On motion, the Senate took up the bill of the House of
Representatives, " supplementary to the General Tax Laws,
and to tax certain property therein mentioned, and which
has heretofore been exempt from taxation." The amend-'
mentofMr. A. J. Miller being under consideration upon the
motion to agree to the same, the yeas and nays were required
to be recorded, and are yeas 13 ; nays 16.
Those who voted in the affirmative, are Messrs.
Anderson, Grubbs, Mosely,
Byrd, Thomas Johnston, Purse,
Blackshear, Andrew J. Miller, James R. Smith,
Eberhart, James A. Miller,§ Spullock.
Ferrell,
Those who voted in the negative,
James E. Brown, William Jones,
Joseph E. Brown, Leonard,
Bryan, Long,
Chisolm, Love,
Clark, McRae,
Hines,
So the motion was lost.
Mr. Joseph E. Brown moved to amend by adding the fol¬
lowing proviso, to-wit:
" Provided that no banking capital employed by the Geor¬
gia Rail Road and Banking Company, and the Central Rail
Road and Banking Company, shall by any construction of
this act be exempt from future taxation at the discretion of
the Legislature."
Mr. A. J. Miller moved to amend the amendment by ad¬
ding the following, to-wit:
"And the tax on nett profits shall only be on the nett profits
of the Rail Road."
Mr. J. A. Miller moved to lay both amendments on the ta¬
ble for the present, which was lost.
The question then recurred upon the amendment of Mr,
A. J. Miller to Mr. Brown's amendment, which was agreed
to. The amendment as amended was agreed to. The re¬
port as amended, was agreed to, the bill was read the third
time and passed.
On motion of Mr. Long, the Senate took up as the- report
of the Committee of the whole, "the bill to authorize the
Tax Collector of the county of Irwin to retain the State tax-
are Messrs.
Murphy,
Stell,
Rawls,
Turner,
Woods.
432
JOURNAL OF THE
es for the year 1850, and pay over the same to the County
Treasurer for county purposes."
- Mr. Long moved the previous question which was not sec¬
onded.
Mr. Byrd moved to lay the bill 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 17, nays 15.
Those who voted in the affirmative are Messrs.
Anderson, Clayton, James A. Miller,
Byrd, Eberhart, Mosely,
Blackshear, Ferrell, Rawls,
James E. Brown, Thomas Johnston, Spullock,
Joseph E. Brown, Love, Stell.
Bryan, Andrew J. Miller,
Those who voted in the negative, are Messrs. ■
Chisolm, William Jones, Purse,
Clark, Long, John W. G. Smith,
Edmondson, JNIcBee, James R. Smith,
Grubbs> McRae, Turner,
Hines, Murphy, Woods.
So the motion prevailed.
On motion of Mr. Stell, the Senate took up as the report of
the Committee of the whole, the bill of the House of Repre¬
sentatives "to incorporate Hamilton Lodge No. 16, of Har¬
ris county."
Mr. Stell offered as a substitute to the bill, a bill to incor¬
porate various lodges therein named.
Mr. Woods moved to amend the substitute by adding as
an additional section, the following, to-wit:
" And be it further enacted, That the officers of Blue Moun¬
tain Lodge, No. 38, and the officers of Union Lodge No. 28,
and their successors in office be and they are hereby made
a body corporate under the name and style above, with all
the powers, rights and privileges conferred upon the other
lodges in this bill named," which was agreed to. The sub¬
stitute as amended was received. The report as amended,
was agreed to; the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives " to reduce
the fees of the Clerk of the Court of Ordinary, for issuing
marriage licenses."
On motion of Mr. Purse, the report was laid on the table
for the balance of the session.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to incor¬
porate the LaGrange Riflemen of the county of Troup, and
SENATE.
433
to give them certain privileges and exemptions. The re¬
port was agreed to, the bill was read the third time, and
passed.
Mr. J. W. G- Smith made the following report:
The special Committee to whom was referred the resolu¬
tion authorizing the Surveyor General to employ a Clerk to
assist him in discharging the duties of his office make the
following
REPORT:
That they have looked into the matter referred to them,
and upon the examination are satisfied that from the great
press of applications for head right grants and forfeited
lands, which are limited by law to be taken out before the
twenty-fifth of December next, and from the irregularity in
the shape and dimensions of the plats of said lands—the
amount of labor required to issue to applicants in the terms
of the law, make it absolutely necessary that assistance
should be allowed the Surveyor General, according to the
resolution submitted to us, which we herewith return and
recommend its adoption.
On motion the Senate took up the following resolution, to
wit:
Resolved by the Senate and House of Representatives, That
the Surveyor General of the State of Georgia, be and he is
hereby authorized to employ a Clerk to aid him in the busi¬
ness of his office, who shall be entitled to six hundred dollars
for his services for one year; and the same being read, was
agreed to; and on motion, the Secretary was directed to
carry the same forthwith to the House of Representatives.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to alter and
amend an act approved December 22d, 1832, which re¬
quires the Jailors of the several counties of this State to
advertise or publish all runaway slaves in one of the papers
of Milledgeville. The report was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to add a
portion of the county of Hall to the county of Lumpkin.—
The report was agreed to; the bill was readthe third time
and passed.
' The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to incorpo¬
rate the Dahlonega and Marietta Turnpike and Plank Road
Company, and also to incorporate the Cumming and Atlanta
Turnpike and Plank Road Company.
Mr. Joseph E. Brown moved to amend by adding the
following additional section:
And be it further mooted, That James Branon, John H.
Glover, Edward Denmead, Samuel Lawrence, Charles J.
28
434
JOURNAL OF THE
McDonald, Thomas Kirkpatrick, George D. Rice, Samuel
N. Maloney, David Irwin, Charles C. Bostwick, James F.
Cooper, William Root, Noel B. Knight, William T. Wynn,
Win. P. Young, N. B. Green, J. N. Heggie, John S. Ander¬
son, J. J. Northcut, J. S. Morris, N. Z. Slaughter, Isaac
Sewall, N. M. Calder, Jonathan Lindley, A. J. Hansell, W.
J. Kiser, E. H. Lindley and W. P. Kiser, and all such others
as may become stockholders in said Company be, and they
are hereby made a body corporate, under the name and
style of "the Cobb County and Alabama Plank and Turn¬
pike Road Company," with all the rights, powers, privileges,
franchises and immunities hereinbefore granted to and con¬
ferred upon the Dahlonega and Marietta Turnpike and
Plank Road Company, with the right of creating and rais¬
ing a joint stock fund, in the name of said corporation, not
exceeding the sum of one hundred and fifty thousand dol¬
lars, to be appropriated and used by said company in erect¬
ing a plank, or paved, or macademized road, from the town
of Marietta in the county of Cobb, to such point as they may
select on the Alabama line in the county of Benton or Che¬
rokee, under such rules, regulations, limitations and provi¬
sions as the said company may prescribe by its by-laws or
resolves—provided, that no by-law or resolve, rule or regula¬
tion of said company shall contravene or conflict with any
provision of the Constitution of the United State, or the Con¬
stitution and Laws of the State of Georgia. And provided
also, That the said company shall cause the said road to be
erected so as to pass by or near the Powder Springs in Cobb
county, and by or near a place called New Babylon in the
county of Paulding, and on the best and most practicable
route from thence to the Alabama line; and that said com¬
pany shall complete said road within five years from dnd
immediately after the passage of this act, under the penalty
of a forfeiture of all the rights, privileges and immunities
herein granted—which was agreed to.
Mr. Anderson moved tt* amend by adding the following
additional section:
And be it further enacted, That A. S. Wingfield, Marcus
Sennus, Charles L. Balton, Aaron A. Cleveland, John H.
Pope, Fielding L. Ficklin, Joseph J. Roberson and their
associates and assigns, be and they are hereby authorized
to build, construct and keep up a Plank or Rail Road from
the town of Washington in Wilkes county, to some point on
the Georgia Rail Road and Banking Company's Road, and
fdr that purpose shall be authorized to create and receive by
subscription, a capital stock not exceeding two hundred
thousand dollars, and shall be authorized to exercise all the
powers and privileges conferred by the act of the General
Assembly, passed in the year 1833, to incorporate the
Georgia Rail Road Company, and under all the liabilities
SENATE.
435
and restrictions herein contained, which was agreed -to.—
The report as amended, was agreed to, the bill was read
the third time and passed.
The following bills of the House of Representatives were
taken up and read the second time, and referred to the
Committee of the whole :
A bill to incorporate Concord Church in the county of
Tattnall.
A bill to incorporate the Dahlonega Male and Female
Academy, and to appoint Trustees for the same.
A bill to create an additional election precinct, and to re¬
move various others in the county of Washington.
A bill to incorporate the Carrolton Male Academy in the
county of Carroll, to appoint Trustees for the same, and for
other purposes therein named.
A bill to incorporate the Mallorysville Academy in Mor¬
gan county, and to appoint Trustees for the same.
A bill to incorporate Rock Spring Academy in the county
of Coweta, and to appoint Trustees for the same.
A bill to close elections at the precincts in the county of
Sumter, at the hour of three o'clock, P. M.
A bill to authorize Hardy Pace and Pinkney H. Randall,
of Cobb county, to build a mill dam across the Chattahoochee
river, on their own land.
A bill authorizing the Inferior Court of Cobb county to
pay the citizens of said county for services rendered as
Jurors.
A bill to exempt members of the Upson Light Dragoons
from patrol duty, and work on the public road.
A bill to repeal an act incorporating the* town of Spring-
ville, in the county of Cobb-
A bill to repeal an act consolidating the offices of Tax
Collector and Receiver in the .counties of Baldwin; Cha-
tooga, Franklin, Gwinnett, Heard, Upson, Wilkes, Mcintosh,
Thomas, Jefferson, Cobb, Hancock, Dooly and Marion,
passed December 9th, 1839, so far as respects the county of
Thomas.
A bill to give an additional compensation to the Petit Jurors
of the county of Randolph.
A bill to compensate Grand and Petit Jurors of the
county of Meriwether, and to authorize the Justices of the
Inferior Court to levy an extra tax for that purpose.
A bill to authorize the Justices of the Inferior Court of
Baker county to levy a county tax.
A bill to compensate Clerks at elections for their services,
so far as regards the county of Bibb.
A bill to repeal all laws heretofore passed incorporating
the town of Cassville, in this State.
A bill to abolish the precincts at the house of Theodo-
rick Montfort and R. A. Hall in the county of Talbot, and
436
JOURNAL OP THE
to establish a precinct at McCants' Mills, the place of holding
Justices Courts in the 757th district, G. M.
A bill to incorporate New Hope Baptist Church, and New
Hope Academy in the county of Lincoln, and to appoint
Trustees for the same.
A bill to repeal so much of an act entitled an act to com¬
pensate Grand and Petit Jurors in the counties of Wilkes
and Thomas, assented to 25th December, 1837, as relates
to the Grand Jurors of the county of Thomas.
A bill to incorporate Lafayette Female Academy.
A bill to incorporate the Presbyterian Church at Griffin,
and to appoint Trustees for the same.
A bill to incorporate the town of Carters ville in the county
oi Cass.
A bill to compensate the Grand and Petit Jurors in the
county of Gilmer, and to provide for the payment of the
same.
A bill to require persons liable to work on the roads, re¬
siding within the corporate limits of Houston, Heard county,
to work on the roads in said district.
A bill to change the time of holding the Inferior Courts of
the counties of Gilmer and Harris.
A bill to authorize the Justices of the Peace in the 1026th
district, to hold Court two days in each month.
A bill to incorporate Searsville Academy in the county
of Marion, and to appoint Trustees for the same.
A bill to repeal an act passed the 25th day of December,
1837, to consolidate the offices of Tax Collector and Re¬
ceiver of Tax Returns in Early county.
A bill to remove an election precinct in the county of
Carroll.
A bill to incorporate the Harrison Academy in Wilkinson
county.
On motion,
The Senate adjourned until nine o'clock to-morrow
morning.
TUESDAY, JANUARY 29,1850.
The Senate met pursuant to adjournment.
The Senate took up the special order of the day, to-wit;
A bill to be entitled an act " to authorize the election of
the Principal Keeper of the Penitentiary and the Chief En¬
gineer of the Western and Atlantic Rail Road by the Legis¬
lature of the State of Georgia, and to fix the salaries of the
same."
On, motion of Mr. Woods, the bill was passed over.
SENATE.
437
The Senate took up as the report of the Committee of the
whole, " the bill to exempt physicians from jury duty."—
The report was agreed to, the bill was read the third time,
and upon the question " shall this bill now pass?" the yeas
and nays were required to be recorded, and are yeas 18,
nays 17.
Those who voted in the affirmative, are Messrs.
Anderson, Clayton, Long,
Augustus Beall, Eberhart, Love,
Elias Beall, Edmondson, McRae,
Byrd, Ferrell, James A. Miller,
Blackshear, Hines, Ira E. Smith,
James E. Brown, Thomas Johnston, Stell.
Those who voted in the negative, are Messrs.
Bailey, William Jones, Purse,
Joseph E. Brown, John Jonqs, Quarterman,
Bryan, Leonard, John W. G. Smith,
Chisolm, McBee, Spullock,
Clark, Mosely, Turner.
Xjrubbs, Murphy,
So the bill was passed.
The following message was received from the House of
Representatives by Mr. Harrison, their Clerk:
Mr.President—The House of Representatives have agreed
to the report and resolutions from the Joint Committee on the
State of the Republic to which was referred those portions
of the Governor's message and the several bills and resolu¬
tions relating to the subject of slavery introduced into either
branch of the Legislature, to which they desire the concur¬
rence of this branch of the General Assembly.
And they have passed a bill to authorize the Governor of
the State of Georgia to call a Convention of the people of
this State and to appropriate money for the same.
Also have passed the bill of Senate to extend and define
the corporate limits of the town of West Point in Troup
county, assented to the 26th day of December, 1835, so far
as to make the fifth section thereof constitutional, and to se¬
cure the rights of the present owners of the bridge erected
across the Chattahoochee river in said town, and for other
purposes.
The Senate took up as the report of the Committee of the
whole, .the bill "to compensate Solicitors General for ser¬
vices rendered the State in the Supreme Court in criminal
cases." The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
438
JOURNAL OF THE
whole, the bill " to revise, alter and amend an act entitled
an act for preventing controversies concerning the bounda¬
ries of land, and for processioning the same, approved Feb¬
ruary 2d, 1798." The report was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of
the whole, the bill "to authorize and require the Justices of
the Peace of their respective districts in the counties of
Lumpkin and Union, to examine and pass upon the qualifi¬
cations of the teachers of poor children." The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee-of the
whole, the bill "to establish a general system of education
by common schools in the State of Georgia, so far as relates
to the county of Murray." The report was agreed to, the
bill was read the third time and passed.
The Senate took up the report of the Committee on the
Judiciary, upon the bill "to repeal an act entitled an act to
authorize a grant to issue to John P. Dodson of the county
of Fayette, to lot No. 264 in the 5th district in the county of
Irwin, approved December 30th, 1839." The report was
disagreed to, and the bill was lost.
The Senate took up the report of the Committee on Fi¬
nance, upon the bill "to relieve the tax payers of this State
so far as relates to the payment of poll tax." The report
was agreed to, and the bill was lost.
The Senate took up as the report of the Committee of the
whole, the bill " to amend the several laws of this State in
relation to writs of Certiorari."
On the following part of the first section being read,
to-wit:
" Then the said writ shall be made returnable to the next
succeeding Court, which said writ shall be served on one of
said Justices by the party applying for the Certiorari, at least
fifteen days previous to the Court to which the return is to
be made."
Mr. Bailey moved to amend by inserting after the word
"Certiorari" and before the words "at least," the words
"by the Sheriff, Deputy or any Constable," which was
agreed to. The report as amended was agreed to, the bill
was read the third time and passed.
Mr. Spullock made the following report, to-wit:
The Finance Committee to whom was referred the House
bill for the relief of James King of the county of Cherokee,
have had the same under consideration, and ask leave to
report:
That from the evidence submitted and the statement of
the Senator from Cobb and Cherokee, your Committee are
of opinion that the claim of Mr. King is founded in justice
SENATE.
439
and ought to be paid, they therefore recommend the passage
of the bill.
The Senate took up as the report of the Committee of the
whole, the bill to change the line between the county ot
Fayette and the county of Campbell, so as to add a part of
the county of Fayette to the county of Campbell."
Mr. Stell moved to amend by adding the following as an
additional section, to-wit:
fiAnd be it further enacted, That from and after the pas¬
sage of this act, the line between the cotfnties of Fayette and
Henry, be and the same is hereby altered so as to add four
ranges of lots according to the original survey, extending the
whole length of the county, from south to north, through the
third, sixth, and twelfth districts of the county of Henry to
the county of Fayette," which was agreed to.
Mr. J. R. Smith moved to amend by adding the following
as an additional section, to-wit:
"Be it further enacted, That the residence of Elias Salsbee
of the county of Hall, be added to the county of Habersham,"
which was agreed to. The report as amended was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill "to amend an act approvd the 27th Decem¬
ber, 1845, entitled an act to exempt journeymen mechanics
and laborer's wages from garnishment."
Mr. Bailey offered the following as a substitute to the bill,
to-wit:
"A bill to be entitled an act to repeal an act entitled an
act to exempt journeymen mechanics and laborers of this
State from the garnishment of their wages, approved 27th
December, 1845."
"Be it enacted by the Senate and House of Representatives
of the State of Georgia in General Assembly met, and it is
hereby enacted by the authority aforesaid, That from and after
the passage of this act, the above recited act be and the same
is hereby repealed,"—which was received. The report as
amended was agreed to, the bill was read the third time, and
on the question " shall this bill now pass ?" the yeas and
nays were required to be recorded, and are yeas 9. nays
28.
Those who voted in the affirmative, are Messrs*
Bailey, Bryan, Long,
Byrd, Dunham, McRae,
Joseph E. Brown, John Jones, Rawls.
Those who voted in the negative, are Messrs.
Anderson, James E. Brown, Eberhart,
Augustus Beall, Chisolm, Ferrell,
Elias Beall, Clark, Grubbs,
Blackshear. f!lnvtnn_ HineS,
440
JOURNAL OF THE
Thomas Johnston, Murphy, Ira E. Smith,
William Jones, Purse, Spullock,
Leonard, Quarterman, Stell,
Love, John W. G. Smith, Turner,
Andrew J. Miller, James R. Smith. Woods.
Mosely,
So the bill was lost.
The following communication from his excellency the
Governor was receiyed by Mr. Patton his Secretary, which
on motion of Mr. Long, was taken up and read :
EXECUTIVE DEPARTMENT, )
Milledgeville, January 28th, 1850. j
I transmit herewith to the General Assembly, a copy of an
order passed by the Board of Directors of the Macon and
Western Rail Road Company, together with the letter of the
President pf said Company. Also, a copy of my letter in
reply to him of this date.
The charge made against the Chief Engineer of the West¬
ern and Atlantic Rail Road, is very general in its character,
so much so, that it would be difficult to take issue, of which
fact, I have reminded the President, Mr. Scott, in my note
to him of this date, and requested him to prefer distinct
charges and specifications.
None can be so competent to do justice between the Ma¬
con and Western Rail Road Company and Mr. Mitchell the
Chief Engineer, as the Legislature. To it therefore the
question is submitted with an earnest desire on my part,
that a Committee may be raised by a joint resolution with
power to send for persons and papers to the end that a full
and searching investigation may be at once instituted, and
such action had by the Legislature as will do justice in the
premises between the parties. GEO. W. TOWNS.
Mr. Long laid on the table the following resolution:
Resolved by the Senate and House of Representatives, That
there be a joint Committee of both branches of the Legisla¬
ture appointed with power to send for persons and papers to
examine into the grounds of complaint alleged by the Macon
and Western Rail Road Company against William L.
Mitchell, Chief Engineer of the State Road, as contained in
the resolution of the Directors of the said Macon and West¬
ern Company this day transmitted by his excellency the
Governor, and make such report thereon as the justice of the
case may require, and that the Governor be requested to
furnish the President of the Macon and Western Rail Road
Company with a copy of this resolution, which was on mo¬
tion taken up.
Mr. J. W. G. Smith moved to postpone the resolution in¬
definitely, which was lost.
Mr. Bailey moved to lay the resolution on the table for
SENATE.
441
the present and make it the special order of the day for to¬
morrow, which was agreed to.
The following message was received from the House of
Representatives by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have passed
the following bills, to-wit:
A bill for the relief of Edward D. Hnguenin and others,
and to authorize the Governor to draw warrants, &c.
A bill to change the time of holding the Superior Court of
the county of Appling, and to extend the time of holding the
Superior Court of the county of Ware.
A bill to alter and amend an act to incorporate the Ocmul-
gee, Rail Road Company and to punish persons for violating
the same.
A bill to appropriate the one half of the tax of 1840 to the
county of Scriven. And
A bill for the relief of Isaac Wright.
And have this day passed % bill to authorize and empow¬
er the Muscogee Rail Road»Company to connect their Rail
Road with the South Western Rail Road, and for other pur¬
poses therein named. And I am directed to bring the same
forthwith to the Senate,
Mr. Stell from the Committee on Enrolment, reports as
duly enrolled and signed by the Speaker of the House of Re¬
presentatives, and ready for the signature of the President
of the Senate, -an act to alter and amend an act entitled an
act to carry into effect the alterations and amendments made
at the session of the General Assembly of 1843, in and to the
third and seventh sections of the first article of the Constitu¬
tion of this State, assented to 23d December, 1843, so far as
relates to the Senatorial Districts.
Also, an act to extend the provisions of the act of 1799, in
relation to notices to produce papers, books, writings, &c.,
so as to embrace causes in Equity, &c.
Also, an act to alter and amend the twelfth section of the
second article of the Constitution of the State of Georgia.
Mr* Long laid on the table the following resolution:
" Be it resolved by the Senate and Home of Representatives
concurring, That the act to repeal an act entitled an act to
alter and amend the several acts regulating roads in this
State so far as respects the operation of said act in the coun¬
ties of Bryan, Liberty, Mcintosh, Glynn and Wayne, ap¬
proved December 8th, 1806, and to provide for the filling of
vacancies in the Board of Commissioners authorized by the
original act of 1803," and vetoed by the Governor, be amend¬
ed by adding to the caption of the bill, "and to repeal the
act of 1847, so far as respects the county of Mcintosh,"
which was taken up, read and unanimously adopted.
On motion,
The Senate adjourned until 3 o'clock, P. Mj.
442
journal of the
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate took up as the report of the committee of the
whole, the bill of the House of Representatives "to author¬
ize Nancy Weston, the \vife of James Weston of the county
of Cass, to exercise all the rights of a feme sole."
Mr. A. J. Miller moved to amend by adding the following
as additional sections, to-wit i
" And be itfurther enacted, That any feme covert may here¬
after carry on trade in her own name and for her own bene¬
fit, without her goods, or the profits of such business being in
any way or manner liable for the debts of her husband, and
without his being liable for any debts she may contract in
said business."
" And be it further enacted, That in all cases where it shall
be necessary for such feme covert to sue or be sued on any
contract made with her, the nafae of her husband shall be
joined for conformity, and a judgment against her shall bind
her property only."
" And be it further enacted, That no feme covert shall be
allowed the benefit of the two preceding sections of this act
until she has caused a written declaration of her intention to
transact business as aforesaid, witnessed by a Justice of the
Peace of the district in which she resides, to bp recorded in
the Clerk's office of the Superior Court of the county of her
residence," which was agreed to. The report as amended
was agreed to, the bill Was read the third time, and on the
question " shall this bill now pass ?" the yeas and nays
were required to be recorded, and are yeas 25, nays 13.
Those who voted in the affirmative, are Messrs.
Ferrell,
Gonder,
Grubbs,
Hines,
Thomas Johnston, Purse,
William Jones, Quarterman,
Leonard,
Long,
Andrew J. Miller,
James A. Miller,
Mosely,
Napier,
James R. Smith.
Spullock.
Anderson,
Bailey,
Elias Beall,
Blackshear,
James E. Brown,
Chisolm,
Clayton,
Eberhart,
Edmondson,
^Those who voted in the negative, are Messrs.
Byrd, Love, Ira E. Smith,
Joseph E. Brown, McBee, Stell,
Bryan, Murphy,- Turner,
Clark, John W. G. Smith, Woods.
John Jones,
So the bill was passed.
SENATE.
443
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives " to amend
the Guardian Laws of this State."
On reading the first section as follows, to wit:
Be it enacted by the Senate and House of Representatives of
the State of Georgia in General Assembly met, and it is hereby
enacted by the authority of the same, That from and after' the
passage of this act, all persons desiring to take the guardian¬
ship of any child or children under the age of fourteen
years, shall make application to the Clerks of the Court of
Ordinary of the respective counties of this State, who shall
cause a citation to be published in some public gazette of
this State, at least thirty days before "such letters shall be
granted."
Mr. A. J. Miller moved to amend by inserting after the
words "fourteen years," the words "other than'his or her
own children," and striking out after " Court of Ordinary,"
the words "of the respective counties of this State;" which
was agreed to.
Mr. A. J. Miller moved to amend further, by adding the
following as additional sections, to wit:
" And be it further enacted, That after an application for
letters of administration or of guardianship has been grant¬
ed, or where a will has been proved, and the sureties re¬
quired by law, named and approved by the Court of Or¬
dinary in the order passed, it shall and may be lawful for
any such guardian, administrator or executor to qualify in
vacation, before the Clerk of the Court of Ordinary, by tak¬
ing the oath required by law, and to receive from said
Clerk letters of guardianship, of administration or testa¬
mentary. Provided, that before such qualification, the
bonds required, shall be executed by the party and the
sureties that have been approved (and no other,) in the
presence of, and be attested by said Clerk, and said bonds
so executed and delivered to said Clerk, shall be good and
effectual in law, to all intents and purposes."
" And be it further enacted, That whenever the person who
may hold the office of Clerk of the Court of Ordinary, shall
be appointed administrator or guardian, under the laws of
this State, he shall continue to be such administrator or
guardian until his duty as such shall be fully discharged,
without regard to the expiration of his term of office as
Clerk, and be entitled to the lawful commissions, and may
be proceeded against as other administrators or guardians,
and their sureties as clerk, or administrator or guardian,
shall be subject to all liabilities now imposed by law upon
the sureties of administrators of guardians."
" And be it further enacted, That from and after the passage
of this act, a discharge or dismissal of an executor, adminis¬
trator or guardian, by any Court of Ordinary of this State,
444
JOURNAL OF THE
from his, her or their duty as such, shall not be held as final
and conclusive against any heirs, distributees or wards who
were minors at the time of such discharge—provided said
minors, within a year after he, she or they become of the
age of twenty-one, or have all legal disabilities removed, shall
•commence suit against such executor, administrator or guar¬
dian which was agreed to. The report as amended, was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, " to exempt
members of the Upson Light Dragoons from patrol duty and
work on the public roads."
Mr. Ferrell moved to strike out "exemption from road
duty." On which motion the yeas and nays were required
to be recorded, and are yeas 16 ; nays 17.
Those who voted in the affirmative, are Messrs.
Anderson,
Bailey,
Byrd,
Blackshear,
James E. Brown,
Joseph E. Brown,
Clayton,
Eberhart,
Ferrell,
Hines,
William Jones,
Leonard,
Mosely,
Quarter man.
Stell,
Turner.
Those who voted in the negative, are Messrs.
Bryan,
Chisolm,
Clark,
Edmondson,
Grubbs,
John Jones,
Long,
Andrew J. Miller,
James A. Miller,
Murphy,
Purse,
Rawls,
John W. G. Smith,
James R. Smith,
Spullock,
Woods.
Thomas Johnston, Napier,
So the Senate refused to strike out.
Mr. J. W. G. Smith moved to amend by adding the fol¬
lowing additional section, to wit:
" Be it further enacted, That all the soldiers who served in
the late Mexican war, be, and they are hereby exempted
from all militia duty."
Mr. J. R. Smith moved to amend the amendment, by
striking out the word " soldiers," and inserting the word
" volunteers*;" which was agreed to. The amendment as
amended, was agreed to.
Mr. Joseph E. Brown moved to amend by adding the fol¬
lowing additional section, to wit:
" Aud be it further enacted, That the said volunteers last
above mentioned, shall hereby be exempt from militia duty
for seven years, unless in case of insurrection, rebellion or
invasion, when they shall not be exempt;" which was
agreed to. / The report as amended, was agreed to, the
bill was read the third time and passed.
SENATE.
445
Mr. Stell, from the Committee oil Enrolment, reported as
duly enrolled and ready for the signatnre of the President of
the Senate, an act to amend an act entitled an act to extend
and define the corporate limits of the town of West Point, in
Troup county, assented to the 26th day of December, 1835,
so far as to make the fifth section thereof constitutional, and
to secure the rights of the present owners of the Bridge
erected across the Chattahoochee River, in said town, and
for other purposes.
The Senate took up as the report of the Committee of the
whole, the bill " to regulate the taking of testimony by inter¬
rogatories for the Courts of this State, and to confer certain
powers on the Judges of the Superior Courts when in Con¬
vention, to revise the Rules of Practice, in relation to this
subject."
Mr. Bailey offered the following as a substitute for the
bill, to wit:
" Be it enacted, Sfc., That in all cases in the Superior and
Inferior Courts of this State, where it may become necessary
to take testimony by interrogatories as heretofore practiced,
commissions may issue in blank, in so far as relates to the
names of the Commissioners; but the names of witnesses
intended to be examined, shall be distinctly specified in the
notice served upon the adverse party, preparatory to issuing
the commission."
Mr. Ferrell moved to amend the substitute by adding the
following as an additional section, to wit:
" And to amend an act entitled an act, approved Decem¬
ber 17th, 1847, to authorize parties to compel discoveries at
common law."
" Be it jurther enacted, That when any person, either plain¬
tiff or defendant, shall desire to file his, her or their written
interrogatories, for the purpose of compelling the discovery
contemplated by the act entitled an act to authorize parties
to compel discoveries at common law, approved December
17th, 1847, he, she or they shall'be authorized to do so, ei¬
ther in term time or vacation of the said Superior or. Inferior
Court, and obtain an order from a Judge of said Court, re¬
quiring the adverse party to answer the same in writing ac¬
cording to the provisions of the act of which this is amenda¬
tory ;" which was agreed to. The substitute as amended,
was received. The report, as amended, was agreed to, the,
bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representative, to give ad¬
ditional compensation to the Petit Jurors of the county of
Randolph. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to repeal an
446
JOURNAL OF THE
act consolidating the offices of Tax Collector and Receiver
in the counties therein named, so far as respects the county
of Thomas. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to abolish
the election precincts at the houses of Theodorick Montford
and R. A. Hall, in the county of Talbot, and to establish a
precinct at McCant's Mills, the place of holding Justices
Courts, in the 757th Dist. G. M. The report was agreed to,
the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to repeal so
much of an act entitled an aet to compensate Grand and Pe¬
tit Jurors in the counties of Wilkes and Thomas, assented
to 25th December, 1837, as relates to the Grand Jurors of
the county of Thomas. The report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to repeal an
act passed the 25 th day of December, 1837, entitled an act
to consolidate the offices of Tax Collector and Receiver of
Tax Returns of Early county. The report was agreed to,
the bill was read the third time and passed.
The Senate took upas the report of the Committee of the
whole, the bill of the House of Representatives, to incorpo¬
rate the town of Cartersville in the county of Cass. The
report was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committer of the
whole, the bill of the House of Representativer to close
elections at the precincts in the county of Sumter at the
hour of three o'clock, P. M.
Mr. Anderson moved to amend by striking out "three"
and inserting " five," which was agreed to. The report as
amended was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to authorize
the Justices of the Inferior Court of Baker county to levy a
county tax. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to remove
an election precinct in the county of Carroll. The report
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to compen¬
sate the Grand and Petit Jurors in the county of Gilmer, and
SENATE.
447
to provide for the payment of the same. The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to incorpo¬
rate New Hope Baptist Church and New Hope Academy,
in the county of Lincoln, and to appoint Trustees for the
same. The report was agreed to, the bill was read the third
time and passed. u
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to authorize
Hardy Pace and Pinkney H. Randall, to build a mill dam
across the Chattahoochee river, on their own land, in the
counties of Cobb and DeKalb. The report was agreed to,
the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to incorpo¬
rate the Dahlonega Male and Female Academy, and to ap¬
point Trustees for the same. The report was agreed to,
the bill was read the third time and pessed.
The Senate took up as the report of the committee of the
whole, the bill of the House of Representatives, authorizing
the Inferior Court of the county of Cobb to pay the amounts
due to the citizens of said county, for services rendered as
Jurors to the first of January, 1850. The report was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to incorpo¬
rate the Presbyterian Church at Griffin in the county of
Pike, 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 as the report of the Committee of the
whole, the bill to incorporate Harrison Academy in Wilkin¬
son county.
Mr. A. J. Miller moved to amend by adding the following
as an additional section:
And be it further enacted, That the act passed on the
twenty-ninth of December, 1838, entitled an act to be enti¬
tled an act to incorporate the West Point Company, and to
provide a moie easy manner for the conveyance and execu¬
tion of titles to the real and personal property belonging' to,
said company, within the corporate limits of the town of
West Point, and for other purposes therein named, be and
the same is hereby revived and made of full force and effect,
and the stockholders of said company authorized to proceed
under the same, which was agreed to. The report as
amended was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of
the whole, the bill of the House of Representatives, to incor¬
porate Searsville Academy in Marion county, and to appoint
443
JOURNAL OP THE
Trustees for the same. The report was agreed to, the bill
was read the third'time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to create an
additional election precinct, and to remove various others in
the county of Washington.
Mr. J. R. Srpith moved to amend hy$ striking out " Snow
Hill," in the/second section, which was agreed to. The re¬
port as amended was agreed to, the bill was read the third
time and passed. 4
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to repeal
the act incorporating the town of Springville, in the county
of Cobb, passed December 29th, 1838.
Mr. A. J. Miller moved to amend by adding the following
additional section:
And be it jurther enacted, That the amount of the Bond
required by the City Council of Augusta, of Auctioneers
appointed by them, shall be five thousand dollars, for which
good and sufficient sureties shall be taken by them—which
was agreed to. The report as amended was agreed to, the
bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to require
persons liable to work on the roads residing within the cor¬
porate limits of Houston in Heard county, to work on the
roads in said district.
Mr. Joseph E. Brown moved to lay the bill on the table
for the balance of the session, which was lost. The report
was agreed to, the bill was read the third time, and on the
question " shall this bill now pass ?" the yeas and nays were
required to be recorded, and are yeas 16, nays 17.
Those who voted in the affirmative, are Messrs.
•
Joseph E. Brown, Long, John W. G. Smith,
Bryan, McBee, Ira E.Smith.
Chisolm, Mosely, Spullock,
Clark, Purse, Stell, •
William Jones, Rawls, Turner.
John Jones,
Those who voted in the negative, are Messrs.
Anderson, Eberhart, McRae,
Augustus Beall, Ferrell, 1 Andrew J. Miller,
Byrd, Gonder, James A. Miller,
Blackshear, Grubbs, Quarterman,
James E. Brown, Hines, James R. Smith.
Clayton, Leonard,
So the bill was lost.
The Senate took up as the report of the Committee of the
SENATE.
449
whole, the bill of the House of Representatives, to incorpo¬
rate the Male Academy in the county of Carroll, to appoint
Trustees for the same, and for other purposes therein named.
Mr. J. Wi G. Smith moved to amend by adding the fol¬
lowing as an additional section, to wit: *
Be it further enacted, That Zachariah B. Price, Simeon
T. Yiele, George P. Holmes, Reuben Thornton John C.
Martin, and their successors in office, are hereby declared
to be a body corporate, by the name and style of the' Trus¬
tees of the Male and Female Acaderpy at Centreville in the
county of Talhot, and as such shall be entitled to enjoy and
possess and exercise all the forms, rights and privileges by
this act conferred on the Trustees of the Carrolton Male
Academy, which was agreed to,* The report as amended
was agreed to, the bill was read the third time and passed.
On motion of Mr. Joseph E. Brown, the order was sus¬
pended, and the following bills of the House of Representa¬
tives were taken up and read the first time:
A bill to authorize the Governor of the State of Georgia to
call a convention of the people of this State, and to appro¬
priate money for the same.
A bill for the relief of Isaac Wright.
A bill for the relief of Edward D. Huguenin and others,
and to authorize the Governor to draw a warrant, &c.
A bill to change the time of holding the Superior Court of
.the county of Appling, and to extend the time of holding the
Superior Court of the county of Ware.
A bill to appropriate one-half of the tax of 1840 to the
county of Scriven.
A bill to alter and amend an act to incorporate the Oc
"mulgee- Rail Road Company, and to punish persons vio¬
lating the provisions of the same.
A bill to authorize and empower the Muscogee Rail Road
Company to connect their Rail Road with the South Western
Rail Road, and for other purposes therein named.
On motion of Mr. J. R. Smith, the Senate took up the re-
_ solutions of the House of Representatives in relation to our
Federal relations, and authorizing the Governor to call a con¬
vention of the people of Georgia, upon the happening of cer¬
tain events, and made them the special order of the day for
Friday, the first day of February next.
Mr. McRae laid on the table a resolution requesting our
Senators and Representatives in Congress to use their influ¬
ence with the Post,Office Department at Washington, to
have the mail carried semi-weekly from Hawkinsville to
Darien, which was taken up, read and agreed to.
Mr. William Jones laid upon the table a resolution author¬
izing the Governor to furnish Ware county with certain
books therein named, which was taken up, read and agreed
to.
29
450
JOURNAL OF THE
On motion,
The Senate adjourned until to-morrow morning nine
o'clock.
WEDNESDAY, JANUARY 30,1850.
The Senate met pursuant to adjournment.
Mr. Love asked and obtained leave to have his vote re-
corned in the negative, on the passage of the bill of the
House of Representatives, to authorize Nancy Weston, the
wife of James Weston of the county of Cass, to exercise all
the rights of a feme sole.
• Mr. Joseph E. Brown moved to reconsider so much of the
Journal of yesterday as relates to the passage of the bill of
the House of Representatives to authorize Nancy Weston,
the wife of James Weston of the county of Cass, to exercise
all the rights of a feme sole.
Upon which motion the yeas and nays were required to
be recorded, and are yeas 13, nays 25.
Those who voted in the affirmative, are Messrs.
Byrd, Love, John W. G. Smith,
Joseph E. Brown, McBee, Ira E. Smith,
Bryan, Murphy, Stell,
Clark, Rawls, Turner.
William Jones,
Those who voted in the negative, are Messrs.
Anderson, Edmondson, Andrew J. Miller,
Bailey, Ferrell, James A. Miller,
Elias Beall, Grubbs, Mosely,
Blackshear, Hines, Purse,
James E. Brown, Thomas Johnston, Quarterman,
Chisolm, Leonard, James R. Smith,
Clayton, Long, Spullock,
Dunham, McRae, Woods.
Eberhart,
So the motion was lost.
On motion of Mr. Purse, the Senate reconsidered so much
of the Journal of yesterday as relates to the passage of the
bill of the House of Representatives, to exempt members of
the Upson Light Dragoons from patrol duty and work on
the public roads.
Mr. Joseph E. Brown moved to reconsider so much of the
Journal of yesterday as relates to the rejection of the bill of
the House of Representatives to require persons liable to
SENATE.
451
work on the roads, residing within the corporate limits of
Houston, Heard county, to work on the roads in said district.
Upon which motion the yeas and nays were required to be
recorded, and are—yeas 17, nays 21.
Those who voted in the affirmative, are Messrs..
Joseph E. Brown,
Bryan,
Clark,
Dunham,
Edmondson,
John Jones,
Long,
McBee,
Mosely,
Murphy,
Napier,
Purse,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner.
Those who voted in the negative, are Messrs.
Anderson,
Elias Beall,
Byrd,
Blackshear,
James E.- Brown,
Clayton,
Eberhart,
Ferrell,
Gonder,
Grubbs,
Hines,
Thomas Johnston,
Leonard,
Love,
McRae,
Andrew J. Miller,
James A. Miller.
Quarterman,
Rawls,
James R. Smith,
Woods.
So the motion was lost.
The Senate took up the special order of the day, to wit:
The resolution to appoint a Joint Committee of both
branches of the Legislature, with power to send for persons
and papers, to examine into the grounds of complaint al¬
leged by the Macon and Western Rail Road Company,
against William L. Mitchell, Chief Engineer of the State
Road.
On the motion to agree to the resolution, the yeas and
nays were required to be recorded, and are—yeas 20, nays
18.
Those who voted in the affirmative, are Messrs.
Byrd, Long, John W. G. Smith,
Joseph E. Brown, McBee, James R. Smith,
Bryan, Andrew J. Miller, Ira E. Smith,
Clark, Mosely, Spullock,
Dunham, Napier, Stell,
William Jones, Purse, Turner.
John Jones, Rawls,
Those who voted in the negative, are Messrs.
Anderson,
Augustus Beall,
Blackshear,
James E. Brown,
Clayton,
Eberhart,
Ferrell, Love,
Gonder, McRae,
Grubbs, James A. Miller,
Hines, Murphy, *
Thomas Johnston,' Quarterman,
Leonard, Woods.
So the resolution was agreed to.
452
JOURNAL OF THE
The Committee appointed by the Senate are Messrs.
Long, J. R. Smith and Stell.
Mr. John W. G. Smith moved that the Secretary be di¬
rected to carry the resolution forthwith to the House of
Representatives, which motion was lost.
On motion of Mr. J, R. Smith, the Senate took up as the
report of the Committee of the whole, the bill to compensate
Physicians and Surgeons who shall be summoned by the
Sheriff or Coroner of th'e county to make a post mortem ex¬
amination for the information of juries of inquest.
Mr; J. R. Smith offered the following as a substitute for
the bill, to wit:
A bill to be entitled an act to compensate Physicians and
Surgeons who shall be summoned by the Sheriff or Coroner
of the county, to make post mortem examinations for the in¬
formation of juries of inquest.
Be it enacted by the Senate and House of Representatives of
the State of Georgia, in General Assembly met, and it is hereby
enacted by the authority of the same, That from and after the
passage of this act, it shall be lawful for every Physician
and Surgeon who shall be summoned by the Sheriffs or Coro¬
ner of the county, to make a post mortem examination for
the information of Juries of inquest, to charge and receive
from the Treasurer of the county, the sums following, to
wit:
For each post mortem examination where death has re¬
sulted from external violence, where no dissection is re¬
quired, the sum of ten dollars.
For the same where dissection is necessary, and where
no interment of the body has been made, twenty dollars.
For the same after one or more days interment, thirty
dollars.
For the same where any chemical analysis is required,
the sum of fifty dollars, and the expense of such analysis.
Mr. J. R. Smith moved to amend by adding the following
proviso, tq wit:
Provided that the compensation allowed in this act shall
not extend to more than one Physician for each post mor¬
tem examination, which was agreed to. The substitute as
amended was received. The report as amended was
agreed to, the bill was read the third time; and on the
question " shall this bill now pass ?" the yeas and nays were
required to be recorded, and are yeas 2.1, nays 14.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, Long,
Augustus Beall, Ferrell, Love,
Elias Beall, Grubbs, Andrew J. Miller,
Blackshear, Thomas Johnston, Napier,
James E. Brown, William Jones, Purse,
Clark, John Jones, James R. Smith,
Dunham, Leonard, Spullock.
SENATE
453
Those who voted in the negative, are Messrs.
Bailey, McBee, John W. G. Smith,
Byrd, Mosely, Stell,
Joseph E. Brown, Murphy, Turner,
Bryan, Quarterman, Woods.
Chisolm, Rawls,
So the bill was passed.
The Senate took up as the report of the Committee of the
whole, the bill in relation to the removal of the county site
of Columbia county, fixing a new site, building a new Court
Honse and Jail, and for other purposes therein mentioned.
The report was agreed to, the bill was read the third time
and lost.
Mr. Murphy made the following report:
The Commtttee on the State of the Republic, to whom
was referred the correspondence between the Governor of
the State of Georgia and the Governor of the State of Flo¬
rida, relative to the disputed boundary line between the
States, have had the same under consideration, and beg
leave to submit the following report:
The Committee are gratified to find in the correspon¬
dence, expressions of anxiety on the part of both the Execu¬
tives to settle and adjust the boundary line between the two
States, upon amicable and equitable terms, and to enable
them to effect this desirable object, recommend that the Ex¬
ecutive of Georgia be clothed with full power and authority
to settle and adjust with the authorities of Florida, by nego-
ciation, arbitration or otherwise, all the points of difference
relative to the boundary line between the State of Georgia
and the State of Florida; and to this end the Committee
recommend the passage of the following resolutions:
1st. Resolved by the Senate and House of Representatives, of the
State of Georgia in General Assembly met, That George W.
Towns, Governor of the State of Georgia, be and he is here¬
by vested with full power and authority to make by nego-
ciation, arbitration or Otherwise, with the authorities of the
State of Florida, a full and final settlement of all points in
dispute relative to the boundary liue between the State of
Georgia and the State of Florida.
2d. Resolved, That the Committee respectfully recom¬
mend as an equitable mode of settling the said disputed
boundary, that the Executive of each of the States shall se¬
lect one Commissioner, and 'the two Commissioners so se¬
lected shall seleot a third Commissioner, to whom all the
points of difference relative to the said disputed boundary,
shall be submitted, and that the award and decision of said
Commissioners shall be final and conclusive, as a full and
and final settlement of all points and differences relative to
the said disputed boundary between the two States, and
454
JOURNAL OP THE
that an appropriation be made to defray the expenses of the
same. All of which is respectfully submitted.
, Which was taken up, read, and agreed to.
On motion, the Secretary was directed to carry the same
forthwith to the House of Representatives.
Mr. Bailey laid on the table the fallowing resolution,
which on motion was taken up, read and agreed to, to wit:
Resolved, That the use of the Senate Chamber be allowed
to Professor Williams, to deliver a lecture on Electrical Psy¬
chology, this evening at 7 o'clock.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to authorize
the South Western Rail Road Company to constructits Rail
Road through the Public Reserve adjoining the corporate
limits of the City of Macon, and to grant to said company
the use of part of said reserve for a depot.
Mr. Spullock offered as a substitute for the bill, a bill to
be entitled an act to authorize the Central Rail Road and
Banking Company of Georgia, the Macon and Western Rail
Road Company and the South Western Rail Road Company,
to unite their respective Rail Roads in one common depot, at
or near the City of Macon, and to grant to the said compa¬
nies a quantity of land for the said purpose, on the Public
Reserve, east of the City of Macon, with the right of way
through the said Public Reserve to the said depot, for their
respective tracks.
On the second section of the substitute being read as fol¬
lows, to wit:
And be it further enacted by the authority aforesaid, That in
case a suitable site for said common depot, with a sufficient
quantity of land, cannot be obtained by said companies
within the corporate limits of the said City of Macon, on
terms reasonable and satisfactory, both to the corporate au¬
thorities of the said City of Macon and the said Rail Road
Companies, or in case the consent of the corporation of the
said City of Macon cannot be obtained for the said roads to
be united within said corporate limits, a sufficient quantity of
land, not exceeding thirty acres, is hereby granted for the
use of said companies, and for the above mentioned purpose,
on the lands known as the Public Reserve, lying eastwardly
of and adjoining the corporate limits of said City of Macon,
•and that the said companies shall after the passage of this
act, have the right and power to enter upon the said Public
Reserve, and establish and locate the site of their common
depot in the most convenient part of the said reserve, and so
lay out and mark such track as may be necessary for said
purpose, not exceeding thirty acres, and when such tract of
land shall have been so laid" out and located, a plat thereof
shall be deposited in the office of the Surveyor General, and
senate.
455
the title to the said tract so located, shall be thereafter vest¬
ed in said companies jointly, for the purpose of a depot, and
for no other purpose whatever, and whenever said tracts of
land shall cease to be used for the purpose of a depot, it
shall then revert to and become again the property of the
State of Georgia and parcel of the aforesaid reserve.
Mr. A. J. Miller moved to amend, by inserting after the
words4' said corporate limits," the following, to wit: 44 The
said Companies may propose to the said corporate authori¬
ties, to have the value of land necessary for a depot, and the
right of way to it, as also the damages to vested rights
thereby sustained, ascertained and assessed against said
Companies respectively, according to the provisions of their
respective charters, in relation to disputes with the owners
of lands, and if the said corporate authorities shall refuse to
accede to said proposal, then." Upon which motion the
yeas and nays were required to be recorded, and are yeas
22 ; nays 15.
Those who voted in the affirmative, are Messrs.
Anderson,
Bailey,
Augustus Bead,
Elias Beall,
Blackshear,
Bryan,
Clark,
Eberhart, Murphy,
Edmondson, Napier,
Grubbs, Quarterman,
Thomas Johnston, Rawls,
Andrew J. Miller, James R. Smith,
James A. Miller, Stell,
Mosely, Woods.
Clayton,
Those who voted in the negative, are Messrs.
Gonder, McRae,
James E. Brown, Hines, Purse,
Joseph E. Brown, John Jones, John W. G. Smith,
Chisolm, Long, Spullock,
Ferrell,. McBee, Turner.
So the motion prevailed
The substitute as amended was received. The report as
amended was agreed to, the bill was read the third time,
and pending action thereon,
On motion, ,
The Senate adjourned until 3 o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate proceeded to the unfinished business of the
morning, to-wit:
The bill of the House of Representatives, 44to authorize
456
JOURNAL OF THE
the South Western Rail Road Company to construct its Rail
Road through the Public Reserve, adjoining the corporate
limits of the city of Macon, and to grant to said Company
the use of a part of the said Reserve for a depot."
The question being upon the passage of the bill, the yeas
and nays were required to be recorded, and are—yeas 18.
nays 8.
Those who voted in the affirmative, are Messrs.
Byrd,
Blackshear,
James E. Brown,
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
Ferrell,
Grubbs,
Hines,.
John Jones,
Long,
Love,
McRae,
Purse,
7 |
Quarterman,
John W. G. Smith,
Spullock,
Turner,
Woods.
Those who voted in the negative, are Messrs.
Augustus Beall, Andrew J. Miller, Murphy,
Clayton, James A. Miller, Napier,
William Jones, Mosely, James R. Smith,
So the*bill was passed.
On motion of Mr. Clark, the Senate took up the amend¬
ments of the House of Representatives to the bill of Senate,
" to alter and fix the times of holding the Inferior Courts of
Baker county," and concurred therein.
Mr. A. J. Miller made the following report:
The Committee on the Judiciary to whom was referred
the bill to provide for the disposal of certain lands in the
county of Ware, have had the same under consideration, and
ask leave to report:
That without considering the question raised as to the au¬
thority of the State, (in the absence of a reservatiqn of the
power in the terms of sale,) to forfeit lands, because of the
non-payment of all the purchase money, without previous
notice, in relation to which they would have doubts, they
would consider it but right and just to allow time, or rather
give notice to the purchasers to comply with the terms of
sale, before a forfeiture of their rights, the more especially
as there are no individual rights accruing under the act of
1847, and therefore your Committee recommend the passage
of the bill referred to them.
Mr. Woods moved to suspend the order to take up the bill
to authorize the election of the Principal Keeper of the Pen¬
itentiary and the Chief Engineer of the Western and Atlan¬
tic Rail Road by the Legislature of the State of Georgia,
and to fix the salaries of the same." On which motion, the
yeas and nays were required to be recorded, and are, yeas
18, nays 15.
SENATE.
457
Those who voted in the affirmative, are Messrs.
Anderson, Clayton,
Bailey, Ferrell,
Augustus Beall, Grubbs,
Byrd, Hines,
McRae,
Mosely,
Quarterman,
JohnW. G. Smith,
James R.JjjSmith.
Woods.
Blackshear, Leonard,
James E. Brown, Love,
Those who voted in the negative are
Messrs.
Bryan,
Clark,
Edmondson,
John Jones,
Joseph E. Brown, Long,
Murphy,
Napier,
McBee,
Andrew J. Miller,
Purse,
Ira E. Smith,
Spullock,
Stell,
Turner.
So the motion prevailed.
And the Senate took up as the report of the Committee of
the whole, the bill " to authorize the election of Principal
Keeper of the Penitentiary and Chief Engineer of the West¬
ern and Atlantic Rail Road by the Legislature, and to fix
the salaries of the same."
Mr. Woods offered as a substitute to the bill" a bill to pro¬
vide for the election of a Chief Engineer of the Western and
Atlantic Rail Road by the people of this State, and for other
purposes."
Mr. J. R. Smith moved to amend the substitute by strik¬
ing out the "first Monday in April" and inserting "first
Monday in October, 1851," and who shall enter upon the
duties of their office on the first Monday in January there¬
after."
On motion of Mr. Stell, the bill and substitute were refer¬
red to a select committee consisting of Messrs. Stell, A. J.
Miller and Woods.
The following bills were taken up, read a second time
and referred to the Committee of the whole, to wit:
A bill to alter the time of the meeting of the General As¬
sembly of the State of Georgia.
A bill to separate the offices of Tax Receiver and Collec¬
tor of the county of Camden.
The Senate took up as the report of the Committee of the
the whole, the bill of the House of Representatives " to com¬
pensate the Grand and Petit Jurors of the county of Meri¬
wether, and to authorize the Justices of the Inferior Court
to levy an extra tax for that purpose."
Mr. Joseph E. Brown moved to amend by adding the fol¬
lowing as an additional section, to wit:
" And be it farther enacted by the authority aforesaid., That
the Justices of the Inferior Court of Cherokee county shall
in no case be authorized, to assess or cause to be collected as
a tax extraordinary of the State tax, for^county purposes, a
458
JOURNAL OF THE
sum greater than fifty per cent, on the State tax of said coun¬
ty. And that the said Justices shall in no case assess or
cause to be collected any county tax, unless the same shall
first have been recommended by the Grand Jury of the coun¬
ty at the first term, of the Superior Court in each year, and
no recommendation of the Grand Jury shall authorize the
assessment or collection of more than fifty per cent, on the
State tax; provided—that the said Court may assess and
have collected such per cent, on the State tax beyond the
sum above mentioned as may be recommended by the Grand
Jury as a tax for poor school purposes," which was agreed
to. The report as amended was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives "to compen¬
sate Clerks at elections so far as regards the county of Bibb."
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives " to incor-
' porate LaFayette Female Academy and to appoint Trus¬
tees for the same." The report was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives " to change
the time of holding the Inferior Courts of the counties of Gil¬
mer and Harris."
Mr. A. J. Miller moved to amend, by adding the following
as an additional section, to wit:
"And be it further enacted, That the Inferior Court of Rich¬
mond county shall hereafter hold its sessions on the Thurs¬
day after the first Monday in March and September in each
year, and that all writs and other process heretofore issued
and returnable to that or a different time, shall be held and
considered as properly returned to said Court," which was
agreed to. Tne report as amended was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives " to incorpo¬
rate the Mallorysville Academy in Morgan 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 as the report of the Committee of the
whole, the bill of the House of Representatives " to author¬
ize the Justices of the Peace in the 1026th district, G. M.,
to hold Court two days in each month." The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives " to incor¬
porate Rock Spring Academy and Haralson Academy in the
SENATE.
459
county of Coweta, 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 as the report of the Committee of the
whole, the bill of the House of Representatives "to incorpo¬
rate Concord Church in the county of Tattnall." The report
was agreed to, the bill was read the third time and passed.
On motion of Mr. J. A. Miller, the Senate took up the re¬
considered bill "to exempt the Upson Light Dragoons from
patrol duty and work on the public roads."
Mr. Love moved to strike out "exemption from road
duty." . On which motion the yea&and nays were required
to be recorded, and are yeas 16, nays 15.
Those who voted in the affirmative, are Messrs.
Byrd, Thomas Johnston, John W. G. Smith,
Blackshear, Love, Ira E. Smith,
James E. Brown, McBee, Stell,
Joseph E. Brown, Purse, Turner,
Ferrell, Quarterman, Woods.
Hines,
Those who, voted in the negative, are Messrs.
Anderson, Gonder, Andrew J. Miller,
Bailey, Grubbs, James A. Miller,
Augustus Beall, , John Jones, Murphy,
Clark, Leonard, Napier,
Clayton, McRae, James R. Smith.
So the motion prevailed.
Mr. J. W. G. Smith moved to amend by adding the fol¬
lowing additional section, to wit:
And be it further enacted, That all the volunteers who serv¬
ed in the Mexican war, be and they are hereby exempted
from all militia duty for the term of seven years to be com¬
puted from the time of their return home, unless in case of
insurrection, rebellion, or invasion, in which case they shall
not be exempt."
Mr. Byrd moved to amend the amendment by striking out
after the word "duty" the following, "for the term of seven
years to be computed from the time of their return home,"
which was agreed to. The report as amended was agreed
to, the bill was read the third ti_me and passed.
On motion of Mr. Joseph E. Brown, the Senate took up
as the report of the Committee of the whole, the bill of the
House of Representatives "for the relief of James King of
the county of Cherokee."
Mr. Love moved to amend by adding the following as an
additional section, to-wit: '
And be it Jurther enacted, That the sum^of [two hundred
460
JOURNAL OF THE
and five 40-100 dollars be re-appropriated to the county of
Thomas, that amount having been apportioned to said coun¬
ty according to law, as her distributive share of the poor
school fund of 1846, but never drawn from the Treasury,
and now deemed reverted to the General fund; and that Pe¬
ter E. Love, Senator, be authorized to draw the same for
the Justices of the Inferior, Court of said county, and to re¬
ceipt to the Executive for his warrant in the name of said
Justices," which was agreed to.
Mr. Stell moved to amend by adding the following as ad¬
ditional sections, to wit:
u And be it further enacted, That the sum of four hundred
and fifty dollars be and is hereby appropriated to the Rev.
George White in payment for one hundred and fifty copies
of " White's Statistics," which his Excellency was authorized
to subscribe for, by a resolution passed by the last General
Assembly."
•' And be it further enacted, That James Alford of Fayette
county, be and he is hereby relieved from the payment of the
residue of a judgment against him in favor of the Central
Bank of Georgia, which judgment was and is founded upon
his endorsement of the note of James Sudduth, the princi¬
pal according to the face of said note, together with the in¬
terest thereon, having been already paid off and discharged,"
which was agreed to.
Mr. Clark moved to amend by adding the following as an
additional section, to wit:
" And be it further enacted, That the sum of forty dollars
and twenty-six cents be paid to Delaware Morris, out of any
money in the treasury not otherwise appropriated, it being
the principal and interest of the amount paid the State for
the purchase of lot number one hundred and ten (110) in the
9th district of Hall county, sold by the Commissioners of the
State, in conformity with the act of the General Assembly
passed Dec. 22d, 1837, entitled " an act to dispose of the
residue of lands heretofore reserved for the use of the State,"
at which sale Charles F. Betton becapie the purchaser, and
the certificate of purchase has been for a valuable considera¬
tion transferred to said Delaware Morris, but to whiph land
the said Button or Morris has never been able to obtain a
grant, it having been previously granted by the State to one
Edward Horn, of Campbell's Distiict, Morgan county, and
evidently sold by mistake, and that the Governor issued his
warrant for said amount;" which was agreed to.
Mr. McRae moved to amend by adding the following as
an additional section, to wit:
" And be it further enacted, That the Governor draw his
warrant on the treasury in favor of the J ustices of the Infe¬
rior Court of Appling county, for the sum of one hundred and
twenty-one dollars, sixty-two cents, amount due toj said
SENATE.
461
county from the poor school fund for 1845 and 1846, which
was not called for within the six months, and reverted to the
treasury which was agreed to.
Mr. A. J. Miller moved to amend by adding the following
as an additional section, to wit:
" And be it further enacted, That the Governor draw his
warrant on the treasury in favor of James M. Wayne, Presi¬
dent of the Georgia Historical Society for the sum of six
hundred dollars, to defray the expense of procuring tran¬
scripts of certain colonial records, which they tender to the
Statewhich was agreed to. The report as amended,
was agreed to; the bill was read the third time and passgd.
On motion, the Secretary was directed to carry the same
forthwith to the House of Representatives.
The following bills of the House of Representatives were
taken up, read the second time and referred to the com¬
mittee of the whole:
A bill for the relief of Isaac Wright.
A bill for the relief of Edward G. Huguenin and others,
herein named, and to authorize the Governor to draw his
warrant on the treasury in behalf of the several persons re¬
spectively herein named, and for the amount stated.
A bill to change the time of holding the Superior Court of
the county of Appling, and to extend the time of holding the
Superior Court of the county of Ware.
A bill to appropriate the one half of the tax of 1840 to the
county of Scriven.
A bill to alter and amend an act to incorporate the Ocmul-
gee Rail Road Company, and to punish persons for violating
the provisions of the same.
A bill to authorize and empower the Muscogee Rail Road
Company to connect their Rail Road with the South Wes¬
tern Rail Road, and for other purposes therein named.
A bill to authorize the Governor of the State of Georgia
to call a convention of the people ot this State, and to ap¬
propriate money for the same ; which on motion, was made
the special order of the day for Friday, the first day of Feb¬
ruary next.
The resolution from the House of Representatives author¬
izing the Governor to appoint a competent agent to ascertain
the situation of the fund appropriated for the improvement
of the navigation or the Great Ogechee River, was taken up,
and on motion of Mr. Grubbs, laid on the table for the bal¬
ance of the session.
The resolution from the House of Representatives re¬
questing our Senators and members of Congress to use their
influence to have the mail service increased on route from
Athens, Ga., to Carnesville, and to extend said route to
Clarkesville, and to curtail the service on route from Ath¬
ens, Georgia, to Pendleton, South Carolina, from three times
46*2
JOURNAL OP THE
a week to twice a week, was taken up, and on motion of
Mr. Clayton, laid on the table for the balance of the session.
On motion,
The Senate adjourned until nine o'clock to-morrow
morning.
THURSDAY, JANUARY 31, 1850.
The Senate met pursuant to adjournment.
"Messrs. Chisolm and Joseph E. Brown asked and obtain¬
ed leave to have their names recorded in the affirmative,
and Mr. William Jones to have his name recorded in the
negative, on the passage of the bill to authorize the South
Western Rail Road Company to construct its Rail Road
through the Public Reserve, adjoining the corporate limits
of the city of Macon, and to grant to said Company the use
of part of the said Reserve for a Depot, and their names
were accordingly recorded on the Journal of yesterday.
Mr. Ferrel moved to reconsider so much of the Journal of
yesterday as relates to the adoption of the resolution for the
purpose of appointing a Joint Committee to investigate the
causes of complaint alledged by the Macon and Western
Rail Road Company against the Chief Engineer of the Wes¬
tern and Atlantic Rail Road. On which motion the yeas
and nays were required to be recorded, and are yeas 14;
nays 22.
Those who voted in the affirmative, are Messrs.
Elias Beall,
Blackshear,
James E. Brown,
Clayton,
Eberhart,
Ferrell,
Gonder,
Grubbs,
Hines,
Thomas Johnston,
Leonard,
McRae,
James A. Miller,
Murphy,
Those who voted in the negative, are Messrs.
John Jones,
Long,
Andrew J. Miller,
Mosely,
Napier,
Purse,
Rawls,
Bailey,
Bvrd,
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
Edmondson,
William Jones,
So the motion was lost.
The Senate took up as the report of the Committee of the
whole, the bill " to lay out and organize a new county from
JohnW. G. Smith,
James R. Smith.
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
SENATE.
463
the counties of Floyd, Cass and Murray." On the first sec¬
tion being read as follows :
ct Be it enacted by the Senate and House of Representatives of
the State of Georgia in General Assembly met, and it is hereby
enacted by the authority of the same, That from and after the
passage of this act, a new county shall be laid out from the
counties of Floyd, Cass and Murray, to be included within
the following limits, to wit:
Beginning at the South West corner of lot of land No.
141, in the 24th" district of the 3d section of now Floyd coun¬
ty, running thence North to the North West corner of lot of
land No. 20, in the said district; thence east along the line
of said district to the South West corner ol lot of land No.
324, in the 14th district of the 3d section ot now Cass coun¬
ty ; thence North along the line of said last mentioned dis¬
trict to the North West corner of lot of land No. 253, in the
13th district of the 3d section of now Murray county; thence
East along the North line of said last mentioned lot, and the
corresponding lots in said district, and the Sth district of
the 3d section, and the 25th district of the 2d section, taking
4 ranges of lots from the South side of each of said districts,
to the North East corner of lot No. 159, in the district and
section last named, on the line of Gilmer county ; thence
South along the line now dividing the counties of Gilmer
and Cherokee from the counties of Cass and Murray, to the
South West corner of lot of land No. 136, in the 23d district
of the 2d section; and thence along the dividing lines of
lots taking eight ranges to the starting point."
Mr. Chisolm moved to amend, by striking out all after the
words " of now Floyd county, running thence North to,"
and before the words " thence South along the line now di¬
viding the counties of Gilmer and Cherokee," and inserting
in lieu thereof, the following, to wit: " along said lines
in the said district and in the 25th district of said sections
until the line shall come opposite the northwest corner of
the county of Cass, adjoining the county of Murray, thence
eastward along the line now dividing the counties of Cass
and Murray, to the northeast corner of the present county of
Cass,"—which was agreed to.
On the second section being read as follows, to wit: •
And be it further enacted by the authority aforesaid, That the
new county described in the first section of this act shall be
called and known by the name of , and. shall be
attached to the Cherokee Judicial Circuit, to the fifth Con-
gresssional district and forty-seventh Senatorial district, and
to the First Brigade of the Twelfth Division, Georgia
Militia.
Mr. Chisolm moved to amend by filling the blank with
the word "Gordon,"—which was agreed to. The report as
amended was agreed to, the bill was read the third time
464
JOURNAL OP THE
and on the question "shall this bill now pass?" the yeas
and nays were required to be recorded, and are yeas 22,
nays 14.
Those who voted in the affirmative are Messrs.
Anderson, William Jones, John W. G. Smith,
Bailey, John Jones, James R. Smith,
Bryan, Long, Ira E. Smith,
Chisolm, McRae, Spullock,
Clark, Mosely, Stell,
Eberhart, Purse, Turner,
Edmondson, Rawls, Woods.
Thomas Johnston,
Those who voted in the negative, are Messrs.
Augustus Beall, Clayton, Leonard,
Elias Beall, Ferrell, Andrew J. Miller,
Byrd, " Gonder, James A. Miller,
Blackshear, Grubbs, Napier.
James E. Brown, Hines,
So the bill was passed.
■U
Mr. Stell from the Committee on Enrolment, reports as
duly enrolled and signed by the Speaker of the House of
Representatives and ready for the signature of the President
of the Senate, an act to add a portion of the county of Hall
to the county of Lumpkin.
Also, an act to incorporate the LaGrange Riflemen of the
county of Troup, and to give them certain privileges and ex¬
emptions.
Also, an act to alter and amend an act approved Decem¬
ber the 22d, 1832, which requires that the Jailors of the sev¬
eral counties of this State to advertise or publish all runaway
slaves in one of the papers of Miliedgeville.
Also, an act to repeal an act passed the 25th day of De¬
cember, 1837, entitled an act to consolidate the offices of
Tax Collector and Receiver of Tax Returns of Early county.
Also, an act to incorporate Searsville Academy, in the
county of Marion, and to appoint trustees lor the same.
Also, an act to authorize Hardy Pace and Pinckney H.
Randall to build a mill dam across the Chattahoochee Riv¬
er, on their own land, in the counties of Cobb and DeKalb.
Also, an act to repeal so much of an act entitled an act to
compensate Grand and Petit Jurors in the counties of Wilkes
'and Thomas, assented to 25th December, 1837, as relates
to the Grand Jurors of the county of Thomas.
Also, an act supplementary to the General Tax Laws, and
to tax certain property therein mentioned, which has hereto¬
fore been exempt from taxation.
Also, an act to give additional compensation to the Petit
Jurors of the county of Randolph.
SENATE.
465
•
. Also an act to authorize the Justices of the Inferior Court
of Baker county to levy an extra tax.
Also an act to remove an election precinct in the county
of Carroll.
Also, an act to compensate the Grand and Petit Jurors of
the Superior Court of the county of Gilmer, and to provide
for the payment of the same.
Also, an act to abolish the election precincts at the houses
of Theodoric Montford and R. A. Hall, in the county of
Talbot, and to establish a precinct at McCant's Mills, the
place of holding Justice's Couits, in the 757th Dist. G. M.
Also, an act to incorporate the Presbyterian Church at
Griffin, and to appoint trustees for the same.
Also, an act to incorporate the town of Cartersville, in the
county of Cass.
Also, an act authorizing the Inferior Court of Cobb coun¬
ty to pay the citizens of said county for services rendered
as jurors.
Also, ah act.to incorporate New Hope Baptist Church and
New Hope Academy, in the county of Lincoln, and appoint
trustees^for the same.
Also, an act to repeal an act consolidating the offices of
Tax Collector-and Receiver in the counties therein named,
so far as relates to the county of Thomas-
Mr. Stell, from the Committee on Enrolment, reported as
. duly enrolled and ready for the signature oPthe President
of the Senate, an act to alter and fix the time for holding the
Inferior Courts of Baker county.
On motion of Mr. John Jones, the Senate took up as the
report of the Committee of the-whole, the bill "to provide
for disposing of certain lands in the twelfth and thirteenth
districts of the county of Ware, which were sold under an
act passed the 23d day of December, 1S33, and which have
not been paid for and granted by the purchasers under said
act."
Mr. Byrd moved to amend, by adding as an additional
section, the following, to wit:
"Be it further enacted, That the purchasers of lots in the
county of Ware, under the act of 1833, shall take out and
pay for the grant as well as the purchase money and inter¬
est for the whole number of lots purchased, ,and unless the
said purchasers shall comply with this section, then all such
shall be excluded from the benefit of this act;" which was
agreed to.
Mr. William Jones moved to amend by adding the follow¬
ing as an additional section, to wit:
" Be it further enacted, That in all cases where any person
shall be living on a lot of the above recited lands, said per¬
sons shall be entitled to receive a grant to the same, by
paying into the treasury the grant fee."
30
466
JOURNAL OF THE!
Mr. A. J. Miller moved to amend the amendment by in¬
serting the following words, to wit: " After the purchaser
has failed to take out a grantwhich was agreed to. The
amendment as amended, was agreed to.
Mr. William Jones moved to amend the fifth section of
the bill, by striking out the word " October," and inserting
in lieu thereof, the word " April." On which motion the
yeas and nays were required to be recorded, and are yeas
8 ; nays 19.
Those who voted in the affirmative, are Messrs.
Chisolm, Long, Stell,
Grubbs, Napier, Turner.
William Jones, John W. G. Smith,
Those who voted in the negative, are Messrs.
Anderson, Clark, Leonard,
Augustus Beall, Clayton, MeRae,
Byrd, Eberhart, Andrew J. Miller,
Blackshear, Ferrell, James A. Miller,
James E. Brown, Thomas Johnston, Mosely,
Joseph E. Brown, John Jones, Woods.
Bryan,
So the motion was lost.
The report as amended, was agreed to ; the bill was read
the third time, and on the question shall this bill now pass ?
the yeas and nays wrere required to be recorded,* and are
yeas 20 ; nays 13.
Those who voted in the affirmative, are Messrs.
Anderson, Bryan, John Jones,
Augustus Beall, Clark, Leonard,
Elias Beal, Clayton, Andrew J. Miller,
Byrd, Eberhart, James A. Miller,
Blackshear, Feriell, Mosely,
James E. Brown, Grubbs, Woods.
Joseph E. Brown, Hines,
! Those who voted in. the negative, are Messrs.
Chisolm, Long, John W. G. Smith,
Dunham, Murphy, Ira E. Smith,
Edmondson, Napier, Stell,
Thomas Johnston, Rawls, Turner.
William Jones,
So the bill was passed.
Mr. Napier asked and obtained leave to report " a bill to
be entitled an act to incorporate a Banking Company in the
city of Macon, under the name of the Manufacturer's Bank
of Maconwhich was read the first time.
SENATE.
467
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Reoresentatives have re¬
ceded from their amendment to the bill of Senate, to amend
the several acts in relation to issuing grants on head rights,
in this State, so far as to extend the time for granting the
same, until the 25th of December, 1S51. They have agreed
to all the amendments but one made by the Senate to the
bill of the House to abolish, change and establish election
precincts in the several counties hereinafter named :
They have agreed to one and disagreed to the other of
the amendments of Senate to the billot'the House to change
the line between the county of Campbell and the county of
Fayette, so as to add a part of the county of Fayette to the
county of Campbell; and they have agreed to the amend¬
ments made by the Senate to the bill of the House supple¬
mentary to the General Tax Laws, apd to tax certain pro¬
perty therein mentioned, and which has heretofore been ex¬
empt from taxation.
They have concurred in the resolution of the Senate to
amend the caption of an act which has been vetoed by the
Governor, to repeal an act to alter and amend the several
acts regulating roads in this State, so far as respects the
operation of said g.ct in the counties of Bryan, Liberty,
Mcintosh,' Glynn and Wayne, approved December 8th,
1806, and to provide for the filling of vacancies in the Board
of Commissioners, as authorized by the original act of 1803 ;
and they have passed a bill of the House to authorize cer¬
tain persons therein named, to peddle without taking out
license.
They have also passed the following bills of the Senate :
A bill to be entitled an act for the relief of the citizens of
Dooly county, so far as relates to the recording of papers,
&c.
Also, a bill to incorporate the Floating Dry Dock Com¬
pany of Savannah.
They have also passed the following bills of the House :
A bill to authorize the granting Injunctions in certain
cases.
A bill to be entitled an act to make valid all Commissions
which have heretofore been or may hereafter be issued in
blank, for the purpose of taking testimony in any case aris¬
ing, or which may have arisen in the courts of law and equi¬
ty in this State.
A bill to authorize His Excellency the Governor to dis¬
pose of certain lands belonging to the State of Georgia.
A bill to amend the first section of an act passed on the
7th day of December, 1824, authorizing the Superior Courts
of this State to appoint persons to assign and set off dower,
and to prescribe the mode of proceeding therein.
468
JOURNAL OF THE
A bill to amend an act for the election of a public printer,
and to regulate the printing required to be performed by the
Legislature.
A bilL to amend an act to revise and amend the act enti¬
tled an act to incorporate the Milledgeville Rail Road Com-
pany.
A bill to be entitled an act to reorganize the Land Courts
for head rights of lands, so far as relates to the county of
Emanuel, and to authorize all moneys arising from the same
to be paid over to the Justices of the Inferior Court of said
county equally, as a compensation for their services, and
for other purposes therein mentioned.
The Senate took up as the report of the Committee of the
whole the bill to separate the offices of Tax Receiver and
Collector of the county of Carroll. The report was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of tho Committee of the
whole, the bill of the House of Representatives, for the re¬
lief of Sarah A. Stephens.
Mr. Long moved to amend by adding the following as an
additional section
Be it further enacted, That the Tax Collector of Glynn
county be authorized to pay over 2,000 dollars of the taxes
due the State by said county, to the Inferior Court, to cut
a canal from a creek back of Colonel's Island to the Little
Satilla River.
Upon which motion the yeas and nays were required to be
recorded, and are yeas 6, nays 18.
Those who voted in the affirmative, are Messrs.
Chisolm, William Jones, Purse,
Clark, Long, Turner.
Those who voted in the negative, are Messrs.
Anderson, Clayton, Leonard,
Augustus Beall, Eberhart, Andrew J. Miller,
Elias Beall, Ferrell, James A. Miller,
Byrd, Hines, Napier,
James E. Brown, Thomas Johnston, Ira E. Smith,
Joseph E. Brown, John Jones, Stell,
So the motion was lost.
The report was agreed to, the bill was read the third time
and passed. f ^
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to extend
the jurisdiction of Justices of the Peace in this State, so as
to authorize them to try actions sounding in damages, when
the verdict does not amount to more than thirty dollars, aud
for other purposes therein named.
senate.
469
Mr. Clark moved to lay the bill on the table for the pre¬
sent, which was lost.
Mr. Grubbs moved to postpone the bill indefinitely. On
which motion the yeas and nays were required to be record¬
ed, and are yeas 15, nays 12.
Those who voted in the affirmative, are Messrs.
Anderson, Jaihes E. Brown, Hines,
Augustus Beall, Clayton, Thomas Johnston,
Elias Beall, Eberhart, McRae,
Byrd, Ferrell, Andrew J. Miller,
Blackshear, Grubbs, James A. Miller. "
Those who voted in the negative, are Messrs.
Joseph E. Brown, John Jones, Rawls,
Chisolm, Long, Ira E. Smith,
Clark, Napier, Turner,
Edmondson, Purse, Woods.
So the motion was agreed to.
The Senate took up as the report of the Committee of (he
whole, the bill of the House of Representatives, to alter and
amend the several acts incorporating the City of Macon, as¬
sented to Dec. 27, 1847, which on motion was made the
special order for Tuesday next.
The Senate took up as the report of the Committee of the
whole, the bill of the House^of Representatives, to authorize
the settlement"of criminal prosecutions in certain cases, arid
to regulate more particularly the duties of the Attorney and
Solicitors General, and fix their liabilities, which on motion
was laid on the table for the present.
On motion,
The Senate adjourned until three o'clock, P. M.
Three o'clock, p. m.
The Senate met pursuant to adjournment.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to amend an.
act to incorporate the South Western Rail Road Company,
and for other purposes.
Mr. James E. Brown moved to amend by adding the fol¬
lowing proviso, to wit:
Provided said South Western Rail Road Company shall
not use the funds of the present stockholders therein, for the
construction of any or either of the said Branch Rail Roads,
but may use and appropriate all funds subscribed by new
470
JOURNAL OF THE
stockholders for the construction of said branches, which
was agreed to. The report as amended was agreed to, the
bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, for the relief
of Edward D. Huguenin and others, and to authorize the
Governor to draw his warrant on the Treasury in behalf of
the several persons herein respectively named, and for the
amounts stated. The report was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to appro¬
priate the one-half of the lax of 1S40 to the county of Scriven.
The report was agreed to, the bill was read the third time
and passed. . *
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to alter and
amend an act to incorporate the Ocmulgee Rail Road Com-
panjr, and to punish persons for violating the provisions of
the same. The report was agreed to, th,e bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to authorize
and empower the Muscogee Rail Road Company to connect
their Rail Road with the South Western Rail Road, and for
other purposes therein named. The report was agreed to,
the bill was read the third time and passed.
The "Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to change
.the time of holding the Superior Court of the county of Ap¬
pling, and to extend the time ot holding the Superior Court
of the county of Ware. The report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, for the relief
of Isaac Wright. The report was agreed to, the bill was
read the third time and passed.
The following bills of the House of Representatives were
taken up and read the first time, to wit:
A bill to amend an act to revive and amend the act enti¬
tled au act to incorporate the Milledgeville Rail Road Com-
pany.
A bill to authorize the granting injunctions in certain cases.
A bill to amend an act for the election of a Public Printer,
and to regulate the printing required to be performed, by
the Legislature.
A bill to amend the first section of an act' passed on the
7th day of December, 18i!4, authorizing the Superior Courts
to appoint persons to assign and set off dower, and to pre¬
scribe the mode of proceeding therein.
senate.
471
A bill to authorize his excellency the Governor to dispose
of certain lands in the State of Georgia.
A bill to make valid all commissions which have hereto¬
fore or may hereafter be issued in blank for the purpose of
taking testimony* in any case arising, or which may have
arisen in the Courts of Law and Equity in this State.
A bill to authorize certain persons therein named, to ped¬
dle without taking out a license.
A bill to reorganize a Land Court for head rights of land,
so far as relates to the county of Emanuel, and to authorize
all monies arising from head rights to be paid over to the
Justices of the Inferior Court of said county, as a compen¬
sation for their services, and other purposes therein named.
On motion of Mr. Joseph E. Brown, the Senate took up as
the report of the Committee of the whole, the bill to provide
for the removal of a portion of the convicts to Atlanta, and
to provide for their government, which on motion, was laid
on the table for the balance of the session.
On motion,
The Senate adjourned until nine o'clock to-morrow
morning.
FRIDAY, February 1st, 1847.
The Senate met pursuant to adjournment.
Mr. Hines asked and obtained leave to have his vote re¬
corded upon the journal of yesterday in the negative, on the
passage of the bill "to lay out and organize a new county
from the counties of Floyd, Cass and Murray," which was
accordingly done.
Mr. Joseph E. Brown moved to reconsider so much of the
journal of yesterday as relates to the action of the Senate
upon the bill of the House of Representatives "to extend
the jurisdiction of Justices of the Peace in this State so as
to authorize them to try actions sounding in damages, when
the verdict does not amonpt to more than thirty dollars, and
for other purposes therein named.' Upon which motion,
the yeas and nays were required to be recorded, and are-
yeas 15, nays 22.
Those who voted in the affirmative, are Messrs.
Joseph E. Brown, William Jones, Ira E. Smith,
Bryan, John Jones, Spullock,
Chisolm, McBee, Stell,
Clark, Murphy, Turner,
Dunham, John W. G. Smith, Woods.
i72
JOURNAL OP THE
Those who voted in the negative, are Messrs.
Anderson, Gonder, McRae,
Augustas Beall, Grubbs, Andrew J. Miller,
Byrd, Hines, James A. Miller,
Blackshear, Thomas Johnston, Mosely,
James E. Brown, Leonard, Napier,
Clayton, Long, Quarterman,
Eberhart, . Love, James R. Smith.
Ferrell,
So the motion was lost.
On motion of Mr. Clark, the Senate reconsidered so much
of the journal of yesterday as relates to the passage of tlje
bill of the House of Representatives, "to amend an act to
incorporate the South Western Rail Road Company, and
for other purposes."
On motion of Mr. Napier, the bill " to incorporate a Bank¬
ing Company in the City of Macon, under the name of the
Manufacturer's Bank of Macon," was taken up and read the
second time and referred to the Committee of the whole.
Mr. Stell from the Committee on Enrolment, reports as
duly enrolled and ready for the signature of the President of
the Senate, an act to incorporate the Floating Dry Dock
Company of Savannah.
Also, an act for the relief of the citizens of Dooly county,
so far as relates to the recording of papers, and, to extend
the time for recording deeds in said county.
Also, an act to incorporate Pythagoras Chapter No. 10,
Hamilton Lodge No. 16, Dawson Lodge, No. 67, Burns
Lodge No. 56, Meridian Sun Lodge No. 26, Dalton Lodge
No. 105, Magnolia Lodge'No. 86, Eurharley Lodge, No. 97,
t Hiram Lodge No. 57, Marion Lodge No. 14, Philomathea
Lodge No. 25, and Western Lodge No. 91, and for other
purposes therein specified.
Also, an act to incorporate the Lafayette Female Aca¬
demy and to appoint trustees for the same.
Also, an act to perfect service of scire facias on absent de¬
fendants in case of dormant judgments.
Also, an act to incorporate Rock Spring Academy, and
Haralson Academy, in the county of Coweta, and to appoint
trustees for the same.
Also, an act to authorize the Justices of the Peace in the
1026th district to hold Court two days in each month.
Also, an act to repeal an act incorporating the town of
Springville, in the county of Cobb, passed December 29th,
1838, and to fix the amount of auctioneer's bond when ap¬
pointed by the City Council of Augusta.
Also, an act to incorporate the Harrison Academy, in
Wilkinson county; also, to revive an act in relation to the
West Point Company.
senate.
473
Also, an act to compensate Clerks at elections, so far as
regards the county of Bibb.
Also, an act to incorporate Concord Church in the county
of Tattnall.
Also, an act to incorporate the Mallorysville "Academy,
in Morgan county, and to appoint trustees for the same.
Also, an act to close elections at the precincts in the coun¬
ty of Sumter, at the hour of 5 o'clock P. M.
Also, an act to fix and make permanent the places of hold¬
ing elections at the several precincts in the county of Mur¬
ray and the county of Dade.
Also, an act to alter and amend the third section of the
third article of the Constitution of the State of Georgia.
The Senate took up as the special order of the day, the
preamble and resolutions of the House of Representatives,
reported by the Joint Committee on the State of the Repub¬
lic, upon the subject of slavery.
Mr. A. J. Miller moved to postpone the special order for
further consideration, which motion was lost.
On motion of Mr. A. J. Miller, the resolutions were taken
up seriatim.
On reading the 8th resolution as follows, to-wit:
8th. "Resolved, That in the event of the passage of the
Wilmot Proviso by Congress, the abolition of Slavery in the
District of Columbia, the admission of California as a State,
in its present pretended organization, or the continued refu¬
sal of the non-slaveholding States to deliver up fugitive
slaves as provided in the Constitution, it will become the
immediate and imperative duty of the people of this State to
meet in Convention to take into consideration the mode and
measure of redress."
Mr. Chisolm moved to amend by inserting after the word
" Congress" the following, to-wit: " South of thirty-six de¬
grees and thirty minutes, known as the Missouri Compro¬
mise line." Pending discussion thereon,
On motion,
The Senate adjourned until 3 o'clock, P. M.
■ Three o'clock, P. M.
The Senate met pursuant to adjournment.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
agreed to the several amendments of the Senate to the bill of
474
journal of the
the House to incorporate the Dahlonega and Marietta Turn¬
pike and Plank Road Company.
' Also, to the amendments to alter and amend the ihird sec¬
tion of the third article of the Constitution of the State of
Georgia. '
Also, to the amendments to the bill to incorporate the
Harrison Academy in Wilkinson county.
Also, to the amendments by a substitute, to the bill to in¬
corporate Hamilton Lodge No. 16, of Harris county.
Also, to the amendment to the bill to close elections at the
precincts in the county of Sumter, at the hour of 3 o'clock,
P. M,
Also, to the amendments to the bill to fix and make per¬
manent the places of holding elections at the several pre¬
cincts in the county of Murray.
Also, to the amendments to the bill to repeal the act in¬
corporating the town of Springville in the county of Cobb,
passed December 29th, 1838.
And they have agreed to some and disagreed to others of
the amendments- to the bill for the relief of John C. Whit-
worth, administrator of the estate of Elijah Hill, deceased.
And have disagreed to the amendment to the bill to create
a'n additional election precinct and to remove various oth¬
ers in the county of Washington.
They have also passed the following bills, to-wit:
A bill to authorize Jeptha B. Stephens of the county of
Gilmer, to practice medicine under the Botanic system.
A billjto changa and define the mode of electing field and
company officers under the militia laws of this State.
A bill to direct the manner in which execution against in¬
corporate joint stock companies shall be enforced.
A bill to authorize the several Clerks of the Superior and
Inferior Courts and of the Courts of Ordinary of the several
counties of the State to act as Justices of the Peace so far as
to empower them to 'idminister oaths in cases of bail attach¬
ments, garnishments, claims, and all other oaths appertain¬
ing or relative to any writ, suit, or other action or proceeding
in their respective Courts- and to compensate them for the
same.
A bill to establish, change and remove and abolish certain
election precincts in certain counties therein mentioned and
define the place of holding Justices Courts in certain districts
therein designated.
A bill to amend an act approved December 17th, 1847,
entitled an act to authorize parties to compel discoveries at
common law.
A bill to repeal an act entitled an act to amend the militia
laws of the State so far as it relates to the 1st Regiment of
Georgia Militia, assented to the 2lst December, 1835, and
also to restrict the Majors commanding the third and fourth
senate.
475
battalions composing the twenty-fifth Regiment of Georgia
Militia, to one parade each in the year, and to authorize the
said thirty-fifth Regiment to have and to hold a military en¬
campment for two successive days in each year.
A bill for the relief of Henry McCormick Ward.
A bill to authorize the Treasurer to refund the purchase
money with interest, to purchasers of fractions that had been
previously drawn for, and afterwards sold by mistake, also,
the grant fee when paid.
A bill io amend the fourth section of an act to provide for
the education of the poor.
A bill to authorize the grant for fraction number 177 in
the first district of Dooly county.
A bill for the relief of John Dismukes of Meriwether coun¬
ty, and also of Rebecca Wade.
A bill to repeal an act entitled an act to alter the Mili¬
tia laws of this State so far as relates to the 23d and 27th
Regiments in the county of Franklin, assented to Decem¬
ber 24th, 1840. '
And a bill for the compensation of Benjamin H. Cameron
of Troup county, for loss incurred by him on account of the
deficiency of the number of acres in fraction No. 145 in the
fifth district of said county, sold by the State of Georgia in
1828, as containing one hundred and thirty-seven acres,
when in truth it contained only one hundred acres.
The Senate proceeded with the unfinished business of the
morning, to-wit:
The resolutions from the House of Representatives upon
the subject of slavery, the amendment of Mr. Chisolm, being
under consideration. Pending the discussion thereon,
On motion,
The Senate adjourned until nine o'clock, to-morrow morn¬
ing.
SATURDAY, February 2, 1850.
The Senate met pursuant to adjournment.
t
Mr. Stell reported a bill for the protection of bona fide
purchasers of negroes and other moveable property, which
was read the first time.
Also, a bill more effectually to protect purchasers at Execu¬
tor's and Administrator's sales, which was read the first
time.
Mr. Edmondson reported a bill to incorporate ,the Elijah
Turnpike Company, and to grant certain privileges to the
same, which was read the first time.
Mr. Murphy reported a bill to authorize a grant to issue
476
JOURNAL OF THE
for lot No. 60, in the seventh district of Gwinnett county,
upon certain conditions, and for other purposes, which was
read the first time.
Mr. Stell from the Committee on Enrolment, reports as
duly enrolled and signed by the Speaker of the House of Re¬
presentatives, and ready for the signature of the President
of the Senate, an act to authorize and empower the Musco¬
gee Rail Road Company to connect their Rail Road with the
Southwestern rail road, and tor other purposes therein named.
Also, an act to alter and amend an act entitled .an act to
incorporate the Ocmulgee Rail Road Company, and to
punish persons for violating the provisions of the same.
Also, an act to appropriate one half of the tax of 1840
to the county of Scriven.
Also, an act to change the time of holding the Superior
Court of the County of Appling, and to extend the time of
holding the Superior Court of the county of Ware.
Also, an act for the relief of Sarah A. Stephens.
Also, an act for the relief of Edward D. Hnguenin and
Others, and to authorize the Governor to issue his warrants. &c.
Also, an act to incorporate the Carrolton Male Academy
in the county of Carroll,, and the Centreville Male and Fe-
tnale Academy in Talbot county, to appoint Trustees for the
game, and for other purposes therein named.
Also, an act for the relief of Isaac Wright.
Also, an act to incorporate the Dahlonega and Marietta
Turnpike and Plank Road Company, the Cumming and At¬
lanta Turnpike and. Plank Road Company, the Cobb county
and Alabama Plank and Turnpike Road Company, and the
Washington Rail Road or Plank Road Company.
Mr. Stell, from the Select Committee, to whom was refer¬
red'the bill to elect the Principal Keeper of the Penitentiary
and the Chief Engineer of the Western and Atlantic Rail
Road by the Legislature, and fix the salaries of the same,
reported the same back with an amendment by way of sub¬
stitute.
The following message was received from the House of
Representatives by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have passed
Rie following bills, to-wit:
A bill for the relief of William Wayne of the county of
Cherokee.
A bill for the relief of William Dearing of DeKalb county.
A bill to complete and furnish the Georgia Asylum for the
deaf and dumb, to appropriate a sum of money for the same,
and for other purposes.
A bill to amend the Garnishment laws.
A bill to amend an act enticed an act to alter and amend
an act passed 22d December, 1840, and for other purposes.
A bill for the relief of Edward A. Flewellen.
A bill to amend the laws of this State, so far as relates to
SENATE.
477
the advertising of estates by Administrators, Executors and
Guardians, when they do not exceed one thousand dollars.
A bill to prevent the running of ireight trains upon all Rail
Roads in this State on the Sabbath day.
A bill for the relief of David Barron of Wilkinson county,
Luverna E. Walker of the county of Hancock, and James
B'oon of the county of Randolph.
A bill to prohibit Sheriffs and their Deputies, from be¬
coming directly or indirectly, purchasers »f property at
Sheriffs' sales, to revoke titles taken or held by them for pro¬
perty so putchased, and to make penal the violation of this
act.
A bill to prevent Lumber Measurers from being.Clerksor
Agents of lumber buyers and lumber mills and for other
purposes therein named.
A bill to repeal, so far as relates to the county of Chat¬
ham, an act in relation to laying out public roads. &c.
A bill to amend the 2d and 4th sections of an act to pro¬
vide for the education of the poor, assented to 27th of D?c.,
1S43.
A bill amendatory of an act to revive and keep in
force, an act entitled an act to regulate the licensing of Phy¬
sicians to practice in this State, assented to 24th Dec., 1825.
A bill to incorporate the' Lumpkin Guards, and to extend
to them certain privileges.
A bill to authorize the inhabitants of Walker county in
certain neighborhoods to fence certain lands, and to punish
those who may break or disturb such enclosures.
A bill to alter and amend an act to explain an act to regu¬
late Escheats in this State, and to appoint escheators, passed
the 13th duy of December, in the year 1816, so far as to al¬
low bastards or natural born children to inherit from their
mothers under circumstances, therein specified.
A bill to protect the character of Females against slander.
A bill to incorporate a Banking Company at the town of
Fort Gaines in the county of Early, under the name and
style of the South Western Bank of Georgia. And,
The bill of the Senate to change the time of holding elec¬
tions for members to represent this State in the Congress of
the United States.
And they have this day passed a bill to authorize the sub¬
scription ny the State, to the Capital stock of the Milledge-
ville and Gordon Rail Road Company. And,
A bill for the relief of Joseph L. Robinson.
Which two bills I am directed to bring forthwith to the
Senate.
And they have passed the bill of Senate to designate the
Holidays to be observed in the acceptance and payment of
Bills of Exchange and Promisory Notes, and to allow three
days, commonly called days of grace, for the payment
478
JOURNAL OF THE
within said time, of all sight drafts and bills of exchange
drawn, payable at sight, with amendments, to which they
desire the agreement of the Senate.
The Senate then proceeded to the unfinished business of
yesterday, to wit:
The resolution of the House of Representatives upon the
subject of Slavery, the amendment of Mr. Chisolm being un¬
der consideration. After considerable discussion thereon,
Mr. Clark moved that the Senate adjourn; which motion
was lost. On agreeing to the amendment of Mr. Chisolm,
the yeas and nays were required to be recorded, and are
yeas 13 ; nays 30.
Those who voted in the affirmative, are Messrs.
Anderson, Grubbs, Murphy,
Elias Beall, Thomas Johnston, Quarterman,
Blackshear, Andrew J. Miller, Wofford,
James E. Brown, James A. Miller, Woods.
Chisolm,
Those who voted in the negative, are Messrs.
Bailey, Ferrell, Mosely,'
Augustus Beall, Gonder, Napier,
Byrd, Hines, Purse,
Joseph E. Brown, William Jones, Rawls,
Bryan, John Jones, John W. G. Smith,
Clark, Leonard, James R. Smith,
Clayton, Long, Ira E. Smith,
Dunham, Love, Spullock,
Eberhart, McBee, Stell.
Edmondson, McRae, Turner,
So the motion was lost.
On motion, the order was suspended, and the following
bills of the House of Representatives were taken up and
read severally the first time, to wit:
A bill to establish, chauge and abolish election precincts
in certain counties therein specified, and to define the place
of holding Justice's Courts in certain districts therein desig¬
nated.
A bill " to incorporate a Banking Company at the town of
Fort Gaines, in the county of Early, under the name and
style of the South Western Bank of Georgia."
A bill to authorize the Treasurer to refund the purchase
money, with interest, to purchasers of fractions that had
been previously drawn for, and afterwards sold by mistake;
also the grant fee when paid.
A bill to protect the character of females against slander.
A bill for the relief of Joseph L. Robinson.
A bill to alter and amend an act to explain an act to
SENATE.
479
regulate escheats in this State, and to appoint escheators,
passed the thirteenth day of December, 1816, so far as to
allow bastards or natural born children to inherit from their
mothers, under circumstances therein specified.
A bill to authorize the inhabitants of Walker county in
certain neighboi hoods where the milk sickness prevails, to
fence the land, and to punish those who may disturb or de¬
stroy such enclosures.
A bill for the relief of Henry McCormick Ward.
A bill for the relief of John Dismukes, of Merriwether
county, and also of Rebecca Wade.
A bill amendatory of an act to revive and keep in force
an act entitled an act to regulate the licensing of Physicians
to practice in this State, assented to 24th December, 1825.
A bill to repeal an act in relation to laying out public
roads, &c., so far as relates to the county of Chatham.
A bill to amend an act approved December 17th, 1847,
entitled an act to authorize parties to compel discoveries at
common law.
A bill to authorize the subscription by the State to the
capital stock of Milledgeville and Gordon Rail Road Com¬
pany.
A bill for the compensation of Benjamin H. Cameron, of
Troup coqnty, for loss incurred by him on account of the
deficiency in the numher of acres in fraction 145 in the 5th
district of said county, sold by the State of Georgia in 182S,
as containing one hundred and thirty-seven acres, when in
truth it only contained one hundred acres.
A bill to prohibit Sheriffs and their deputies from becom¬
ing directly or indirectly purchasers of property at Sheriffs'
sales,'to vacate all titles taken or held.by them for property
so purchased, and to make penal the violation of this act.
A bill to authorize the grant for fractional number 177 in
the 1st district of Dooly county.
A bill to amend the 2d and 4th sections of an act to pro¬
vide for the education of the poor, assented to 27th of De¬
cember, 1843.
A bill to repeal an act entitled an act to amend the militia
laws of this State, so far as it relates to the 1st Regiment,
G. M., assented to 21st December, 1835, and also to restrict
the Majors commanding the third and fourth battalions
composing the thirty-fifth Regiment G. M., to one parade
each in the year, and to authorize the said thirty-fifth Regi¬
ment to have and to hold a military encampment for two
successive days in each year.
A bill to amend the fourth section of an act to provide for
the education of the poor.
A bill to repeal an act entitled an act to alter the militia
laws of this State so far as relates to the 23d and 27th Regi-
480
JOURNAL OF THE
ments in the county of Franklin, assented to December 24tb,
1840-
A bill to prevent the running of freight trains upon all
Rail Roads on the Sabbath day.
A bill to prevent lumber measurers from being clerks or
agents of lumber buyers or lumber mills, and to define the
mode of measuring stocks of hewn or ranging timber.
A bill to change and define the mode of electing field and
company officers under the militia laws of this State.
A bill lor the relief of Wm. Wayne, of the county of Cher¬
okee.
A bill to incorporate the Lumpkin Guards and to extend
to them certain privileges.
A bill for the relief of William Bearing of DeKalb county.
A bill to authorize Jeptha Stephens to practice medicine
under the Botanic system and charge for the same.
A bill for the relief of Edward A. Flewellen.
A bill to amend the laws of this State so far as relates to
the advertising of estates by administrators, executors and
guardians where they do not exceed one thousand dollars.
A bill to complete and furnish the GeoVgia Asylum for the
Deaf and Dumb, to appropriate a sum of money for the
same, and for other purposes.
A bill for the relief of David Barron of Wilkinson county,
Luverna E. Walker of the county of Hancock, and James
Boon of the county of Randolph.
A bill to amend the garnishment laws.
A bill to direct the manner in which executions against in¬
corporate Joint Stock Companies shall be enforced.
A bill to authorize the several Clerks of the Superior and
Inferior Courts, and of the Courts of Ordinary of the several
counties of this State, to act as Justices of the Peace, so far
as to empower them to administer oaths in cases of bail, at¬
tachments, garnishments, claims and all other oaths apper¬
tain! ng~or relative to any writ, suitor other action or proceed¬
ing, in their respective Courts, and to compensate them for
the same.
A bill to amend an act entitled an act to alter and amend
an act, passed 22d Dec. 1840, and for other purposes.
0,n motion,
The Senate adjourned until 3 o'clock, P. M.
Three o'clock, P. M
The Senate met pursuant to adjournment.
On motion of Mr. Purse, the Senate took up and concurred
in the amendment of the House of Representatives to the
senate.
481
bill of the Senate " to designate the holidays to be observed
in the acceptance and payment of Bills of Exchange and
Promissory Notes, and to allow three days commonly called
" days of grace," for the payment within said time, of all sight
drafts and bills of exchange drawn payable at sight."
The following bills of the House of Representatives were
taken up and read the second time, and referred to the Com¬
mittee of the whole, to-wit:
A bill to authorize' the granting of Injunctions in certain
cases.
A bill to authorize certain persons therein named to ped¬
dle, without taking out license.
A bill'to amend an act for the election of a Public Printer,
and to regulate the printing required to be performed by the
Legislature.
A bill to amend an act to revive and amend the act enti¬
tled an act to incorporate the Milledgeville Rail Road Com-
pany.
A bill to make valid all commissions, which have hereto¬
fore been, or may hereafter be issued in blank for the pur¬
pose of taking testimony in any case arising, or which may
have arisen in the Courts of Law and Equity of this State.
A bill to authorize his Excellency the Governor to dispose
of certain lands belonging to the State of Georgia.
A bill to re-organize a Land Court for head rights of land
so far as relates to the county of Emanuel, and to authorize
all monies arising from the same, to be paid over to the Jus¬
tices of the Inferior Court of said county, equally, as a com¬
pensation for their services and for other purposes therein
mentioned.
A bill to amend the first section of an act passed on the
7th day of December, 1842, authorizing the Superior Courts
of this State to appoint persons to assign and set off dower,
and to prescribe the mode of proceeding therein.
The following message was received from the House of
Representatives by Mr. Harrison their Clerk:
Mr. President—The House of Representatives have pass¬
ed a bill to authorize and empower the Planter's Manufac¬
turing Company of Butts county and their successors, to es¬
tablish a ferry on their own land at the place known as the
Seven Islands.
On motion, the bill was taken up and read the first time;
On motion of Mr. A. J. Miller, messages from the House
of Representatives in relation to amendments of the^ Senate
to certain bills of the House, were taken up, and on redding
the following amendment to the bill for the relief of Jojm C.
Whitworth, administrator of the estate of Elijah Hill, de¬
ceased, to-wit: ■ - r ' '
Sec. 2. " Be it enacted by the authority" aforesaid, That
31
482
JOURNAIi OF THE
Tax Collector of the county of Floyd, be and he is hereby
required to pay into the hands of the Justices of the Inferior
Court of said county, the State Tax for the year 1850 and
1851, and that the same be applied by the said Justices in
the most judicious manner for the improvement of the navi¬
gation of the Coosa River."
Mr. Spullock moved that the Senate insist upon its amend¬
ment. On which motion the yeas and nays were required
to be recorded, and are yeas 24; nays 8.
Those who voted in the affirmative, are Messrs.
Bailey, Eberhart, Mosely,
Augustus Beall, Edmondson, Murphy,
Elias Beall, Ferrell, Purse,
Blackshear, Grubbs, John W. G. Smith,
James E. Brown, Hines, . James R. Smith.
Joseph E. Brown, Thomas Johnston, Ira E. Smith,
Bryan, Leonard, Spullock,
Clayton, Andrew J. Miller, Stell.
Those who voted in the negative, are Messrs.
Byrd, McRae, Turner,
Dunham, James A. Miller, Woods.
Long, Quarterman,
1 So the motion prevailed, and the Senate adhered to its
amendment.
On reading the following amendment to the same bill,
and which had been disagreed to by the House, to-wil:
Sec. 5. " And be it further enacted, That the Governor be
authorized to draw his warrant on the Treasury in favor of
the Inferior Court of Richmond county, for the sum of two
hundred and ninety-five dollars and twenty cents, the por¬
tion of the Poor School Fund for 1845, which reverted to
the Treasury in consequence of not being drawn within six
months after the expiration of the political year."
Mr. A.J. Miller moved that the Senate insist upon its
amendment. On which motion the yeas and nays were re¬
quired to be recorded, and are yeas 18, nays 13.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, Andrew J. Miller,
Augustus Beall, Edmondson, James A. Miller,
Elias Beall, Ferrell, Mosely,
Blackshear, Hines, Purse,
James E. Brown, Thomas Johnston, James R. Smith,
Clayton, McRae, Spullock.
Those who voted in the negative, are Messrs.
Byrd, Bryan, John Jones,
Joseph E. Brown, Dunham, Long,
SENATE.
483
Murphy, Ira E. Smith, Turner,
Quarterman, Stell, Woods.
John W. G. Smith,
So the Senate adhered to its amendment.
On reading the following amendment to the bill of the
House of Representatives " to change the line between the
counties of Campbell and Fayette, and to add a part of the
county of Fayette to the county of Campbell," and which
had been disagreed to by the House, to-wit:
" And be it further enacted, That from and after the pas¬
sage of this act, the line between the counties of Fayette and
Henry, be and the same is hereby altered so as to add four
'ranges of lots according to original survey, extending the
whole length of the county, from south to north, through the
third, sixth, and twelfth districts of the county of Henry to
the county of Fayette."
Mr. Stell moved that the Senate insist upon its amend¬
ment. On which motion, the yeas and nays were required
to be recorded, and are yeas 13, nays 21.
Those who voted in the affirmative, are Messrs.
Joseph E. Brown, Long, Ira E. Smith,
Bryan, Mosely, Spullock,
Dunham, Purse, Stell,
Edmondson, John W. G. Smith, Turner.
John Jones,
Those who voted in the negative, are Messrs.
Anderson, Clayton, McRae,
Bailey, Eberhart, Andrew J. Miller,
Augustus Beall, Ferrell, James A. Miller,
Elias Beall, Grubbs, Murphy,
Byrd, Hines, Quarterman,
Blackshear, Thomas Johnston, James R. Smith,
James E. Brown, Leonard, Woods.
So the Senate receded from its amendment.
On motion of "Mr. J. R. Smith, the Senate insisted on its
amendment to " the bill to create an additional election pre¬
cinct, and to remove various others in the county of Wash¬
ington," to which the House had disagreed.
On motion of Mr. Stell, the Senate insisted on its amend¬
ment to the bill " to abolish, change, and establish election
precincts in the several counties^ hereinafter named," to
wlpch the House had disagreed.
On motion,
The Senate adjourned until nine o'clock Monday morning.
journal of the
MONDAY, February 4, 1850.
The Senate met pursuant to adjournment.
Mr. McRae asked and obtained leave to change his vote
upon the amendment of Mr. Chisolm, to the 8tn resolution
of the House of Representatives upon the subject of slavery,
which was accordingly changed upon the Journal of Satur-
day.
Mr. Elias Beall asked and obtained leave to record his
vote upon the same, and his vote was accordingly recorded
in the affirmative, on the Journal of Saturday.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have agreed
to a resolution to authorize the Governor to issue his war¬
rant in favor of Maria S. Delaunay, widow ofF. V. Delaunay,
for $75, 18-100.
Also, to a resolution that the Governor take the Colonial
Records of the State of Georgia, and deposite them in the
State Library at Milledgeville, &c.
To both which they desire the concurrence of the Senate.
The House have agreed to some and disagreed to others
of the amendments of Senate, to the bill of the House to
amend and explain the first section of an act passed for the
relief of Co-securities, and assented to, the 22d December,
1840.
They have also agreed to the amendments of Senate to
the bill to amend the Guardian laws of this State, with an
amendment to the amendment.
To which they desire concurrence.
They have agreed to some of the amendments and dis¬
agreed to others, made by the Senate to the bill for the relief
of James King of the county of Cherokee.
They have also agreed to one and disagreed to the other
of the amendments to the bill to exempt members of the Up¬
son Light Dragoons from Patrol duty and work on the pub¬
lic roads.
Also, to the amendments to the bill to compensate the
Grand and Petit Jurors of the county of Meriwether, and
to authorize the Justices of the Inferior Court to levy an
extra tax for that purpose.
Also, to the amendments to the bill to change the time of
holding the Inferior Courts of the counties of Gilmer and
Harris.
They have passed the following bills of the House :
A bill for the relief of the heirs of Isaac S. Wood, de¬
ceased.
A bill to authorize the stockholders of the Milledgeville
senate.
485
Bank to increase their capital stock to the amount of $500,-
000.
A bill to provide for the removal of the present county
site of Marion in the county of Twiggs, and to define the
duties of the Justices of the Inferior Court of Twiggs county
in relation to the same.
And a bill to incorporate the Columbus and Gwinnett
Plank and Turnpike Road Company, the Columbus and
Lumpkin Plank and Turnpike Road Company, and the
Sparta Plank and Turnpike Road Company.
They have concurred with Senate in the report and reso¬
lutions gfrom the Committee on the State of the Republic,
relative to the correspondence between the Executives of
Georgia and Florida.
And have this day agreed to the report and resolutions
from the Committee on the State of the Republic, to whom
were referred certain resolutions of the members of the
Legislature of South Carolina, and other resolutions intro¬
duced in the House of Representatives, relative to a proposed
Convention of the people of the slaveholding States, &c.;
•and appointing Thursday next, at the hour of 11 o'clock, A.
M., for both branches of the General Assembly to meet in
. the Representative Hall for the purpose of sending eight
delegates from the State at large, to the Nashville Convention.
And I am directed to bring the same, forthwith to the
Senate for concurrence.
And they have this day passed the bill of Senate, to par¬
don Jonathan Studstill of the county of Lowndes, which I
am directed to return forthwith to the Senate.
The Senate then took up the unfinished business of Sat¬
urday, to wit:
Resolutions of the House of Representatives, upon the
subject of Slavery.
The eighth resolution being under consideration, Mr. A.
J. Miller moved to amend, by striking out the words " the
admission of California as a State, in its present pretended
organization."
Pending the discussion thereon, on motion,
The Senate adjourned until 3 o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment, and proceeded
with the unfinished business of the morning, to wit:
The motion of Mr. A. J. Miller to amend 1;he 8th resolu¬
tion of the House of Representatives upon the subject of
Slavery.
486
JOURNAL OF THE
Upon which motion the yeas and nays were required to
be recorded, and are yeas 8. nays 35.
Those who voted in the affirmative, are Messrs.
Anderson, James E. Brown, James A. Miller,
Elias Beall, Thomas Johuston, Quarterman.
Blackshear, Andrew J. Miller,
Those who voted in the negative, are Messrs.
Bailey, Gonder, Murphy,
Augustus Beall, Grubbs, Napier,
Byrd, Hines, Purse,
Joseph E. Brown, Micajah Johnston, Pawls.
Bryan,
Chisolm,
Clark,
Clayton,
Dunham,
Eberhart,
Edmondson,
Ferrell,
William Jones,
John Jones,
Leonard,
Long,
Love,
McBee,
McRae,
Mosely,
John W. G. Smith,
James R. Smith.
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
So the motion was lost.
Mr. Stell, from the Committee on Enrolment, reported as
duly enrolled and ready for the signature of the President of
the Senate, an act to pardon Jonathan Studstill of the coun¬
ty of Lowndes.
Also, an act to change the time for holding elections for
members to represent this State in the Congress of the United
States. 1
On motion, the order was suspended, and the following
bills of the House were taken up and read the second time,
and referred to the Committee of the whole, to wit:
A bill amendatory of an act to revive and keep in
iorce an act entitled an act to regulate the licensing of Phy¬
sicians to practice in the State, assented to 24th December,
1825.
A bill for the relief of Edward A. Flewellen.
A bill to authorize and empower the Planter's Manufac¬
turing Company of Butts county, and their successors, to
establish a ferry across the Ocmulgee river on their own
land.
A bill to authorize the subscription by the State to the
Capital stock of the Milledgeville and Gordon Rail Road
Company.
A bill for the compensation of Benjamin H. Cameron of
Troup county, for loss incurred by him on account of the de¬
ficiency of the number of acres in fraction number 145 in the
5th district of said county, sold by the State of Georgia in
1828, as containing 137 acres, when in truth it only contained
100 acres.
SENATE.
487
A bill to authorize the inhabitants of Walker county^ in
certain neighborhoods to fence certain land and to punish
those who may break or disturb such enclosure.
A bill to protect the character of females against slander.
A bill to direct the manner in which executions against in¬
corporated Joint Stock Companies shall be enforced.
A bill to authorize the Treasurer to refund the purchase
money with interest, to purchasers of fractions that had been
afterwards sold by mistake, and also the grant fee when
paid.
A bill for the relief of David Barror of Wilkinson county,
Luvernia E. Walker of the county of Hancock, and James
Boon of the county of Randolph.
A bill to amend the laws of this State, so far as relates to
the advertising of estates by administrators, executors and
guardians, where they do not exceed one thousand dollars.
A bill to repeal, so far as relates to the county of Chat¬
ham, an act in relation to laying out public roads, &c.
A bill to complete and furnish the Georgia Asylum for
the deaf and dumb, to appropriate a sum of money for the
same, and for other purposes.
A bill to authorize a grant to issue to John S. Thomas,
for fraction number one hundred and seventy-seven, in the
first district of Dooly county.
A bill to amend an act approved December 17th, 1847,
entitled an, act to authorize parties to compel discoveries a
common law.
A bill to prevent lumber measurers from being clerks or
agent of lumber buyers and lumber mills, and for other pur¬
poses therein named.
A bill to prevent the running of freight trains upon all
Rail Roads in this State on the Sabbath day.
A bill to amend the Garnishment laws.
A bill for the relief of William Wayne of the county of
Cherokee.
A bill to establish, change and abolish election precincts
in certain counties therein specified, and to define the place
of holding Justices Courts in certain districts therein desig¬
nated.
A bill to incorporate the Lumpkin Guards, and to extend
to them certain privileges.
A bill to change and define the mode of electing Field
and Company officers, under the Militia laws of this State.
A bill for the relief of John Dismukes, of Merriwether
county, and also of Rebecca Wade.
A bill to " authorize the several Clerks of the Superior
and Inferior Courts, and of the Courts of Ordinary of the
several counties of this State to act as Justices of the Peace,
so far as to empower them to administer oaths in cases of
bail attachment, garnishment, claims and all other oaths ap-
488
JOURNAL OF THE
pertaining or relative to any writ, suit or other action or
proceeding in their respective Courts, and to compensate
them for the same.
A bill to incorporate a Banking Company at the town of
Fort Gaines, in the county of Early, under the name and
style of the South Western Bank of Georgia.
A bill for the relief of Joseph L. Robinson, of Appling
county.
A bill to authorize the Governor to draw his warrant upon
the tieasury for an amount sufficient to reimburse Wm.
Dearing for taxes overpaid to the State.
A bill to amend an act entitled an act to alter and amend
an act passed 22d December, 1840, and for other purposes.
A bill to alter and amend an act to explain an act to regu¬
late Escheats in this State, and to appoint Escheators, passed
the thirteenth day of December, in the year eighteen hun¬
dred and sixteen, so far as to allow bastards or natural born
children to inherit from their mothers, under circumstances
therein specified.
A bill to amend the '4th section of an act to provide for the
education of the poor.
A bill to amend the second and 4th sections of an act to
provide for"the education of the poor, assented to 27th De¬
cember, 1843.
A bill for the relief of Henry McCormick Ward.
A bill to authorize Jeptha B. Stephens, of the county of
Gilmer, to practice medicine under the Botanic system.
A bill to prohibit Sheriffs and their Deputies from becom¬
ing directly or indirectly purchasers of property at Sheriff's
sales, to make titles taken or held by them for property so
purchased, and to make penal the violation of this act.
A bill to repeal an act entitled an act to alter the militia
laws of this State, so far as relates to the 23d and 27th regi¬
ments, in the county of Franklin, assented to December
24th, 1840.
A bill to repeal an act entitled an act to amend the Mili¬
tia laws of this State, so far as it relates to the 1st regiment
G. M., assented to 21st Dec., 1835, and also to restrict the
Majors commanding the 3d and 4th battalions composing
the 35th regiment of Georgia militia to one parade each in
the year, and to authorize the said 35th regiment to have
and to hold a military encampment for two successive days
in each year.
The following bills of the House of Representatives, were
taken up and read the first time, to wit:
A bill to incorporate the Columbus and Greenville Plank
and Turnpike Road Company ; the Columbus and Lump¬
kin Plank and Turnpike Road Company y and the Sparta
Plank and Turnpike Road Company, and for other pur¬
poses therein named.
senate
489
A bill for the relief of the heirs of Isaac S. Wood, de¬
ceased.
A bill "to authorize the Stockholders of the Milledgeville
Bank to increase their capital to the .amount of $500,000."
A bill to provide for the removal of the present county
site of Marion, in the county of Twiggs, and to define the
duties of the Inferior Court Of Twiggs county, in relation to
the same.
On motion of Mr. McRae, the order was suspended, to
enable him to introduce the following bill i
A bill to alter and amend the twelfth section of the first
article of the Constitution; which was read the first time.
On motion,
The Senate adjourned until 9 o'clock to-morrow morning.
TUESDAY, February 5, 1850.
/ '
The Senate met pursuant to adjournment.
Mr. Murphy asked and obtained leave to have his vote
recorded on the motion of Mr. A* «L Miller, to amend the 8th
resolution of the House of Representatives upon the subject
of slavery, and his vote was accordingly recorded on the
journal of yesterday.
Leave of absence was granted to Mr. Grubbs for a few
days.
On motion of Mr. McRae, the bill to alter and amend the
twelfth section of the first article of the Constitution of this
State, was taken up and read the second time and referred
to the Committee of the whole.
On motion of Mr. Murphey, the Senate took up as the re¬
port of the Committee of the whole, the bill " to alter the
time of the meeting of the General Assembly of the State of
Georgia." The report was agreed to, the bill was read the
third time and passed.
The Senate then proceeded to the unfinished business of
yesterday, to-wit:
The resolutions of the House of Representatives upon the
subject of slavery.,
The eighth resolution being under consideration, Mr. A. J.
Miller moved to amend, by striking out the whole resolution
and insert in lieu thereof the following, to-wit:
" Resolved, That in the event of any legislation by Con¬
gress in violation of the principles of the foregoing'resolu¬
tions, and excluding the people of the South as slave-hold¬
ers, from a just participation in the occupancy of the terri¬
tory of the United States, it will become the immediate and
imperative duty of the people of this State, to meet those of
490
JOURNAL OF THE
the other Southern States in Convention, for the purpose of
considering and determining as to the mode and measure of
redress* and to carry out the same by Convention or other¬
wise in this State." On which motion the yeas and nays
were required to be recorded, and are yeas 9; nays 20.
Those who voted in the affirmative, are Messrs.
Anderson, Ferrell, McRae,
Byrd, Gonder, Andrew J. Miller,
Blackshear, Thomas Johnston, James A. Miller,
James E. Brown,
Those who voted in the negative, are Messrs.
Bailey, Eberhart,"
Augustus Beall, Edmondson,
Joseph E. Brown, Hines,
Long,
Love,
McBee;
Mosely,
Napier,
Purse,
JohnW. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner.
Bryan,
Chisolm,
Clark,
Clayton,
Dunham,
So the amendment was rejected.
The question then recurred upon the adoption of the reso¬
lution. Upon which the yeas and nays were required to be
recorded, and are yeas 35, nays 3.
Those who voted in the affirmative, are Messrs.
Bailey,
Augustus Beall,
Byrd,
Blackshear,
James E. Brown,
Joseph E. Brown
Bryan,
Chisolm,
Clark,
Clayton,
Dunham,
Eberhart,
Edmondson,
Ferrell,
Gonder,
Grubbs,
Hines,
William Jones,
John Jones,
Leonard,
Long,
Love,
McBee,
James A. Miller,
Mosely,
Napier,
Purse,
Quarterman,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
McRae,
Those who voted in the negative, are Messrs.
Elias Beall, Thomas Johnston, Andrew J. Miller.
So the motion prevailed and the resolutions were adopted.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives "to author¬
ize the Governor of the State of Georgia to call a Conven¬
tion of the people of this State, and to appropriate money for
the same."
The following part of the first section being read as fol-
ows, to-wit:
senate.
491
Section 1. Be it therefore enacted by the Senate and House
of Representatives of the State of Georgia in General Assembly
met, That should the Congress of the United States pass any
law prohibiting slavery or involuntary servitude in any ter¬
ritory of the United States, or any law abolishing slavery in
the District of Columbia, or any law prohibiting the slave
trade between the States where slavery may exist, or admit
into the United States as a State of this Confederacy, the
sparsely peopled territory of California and New Mexico."
Mr. Chisolm moved to amend by inserting after _ the
words " any territory of the United States," the following:
" South of thirty-six degrees and thirty minutes, known
as the Missouri Compromise line." On which motion the
yeas and nays were required to be recorded, and are yeas
12, nays 25.
Those who voted in the affirmative, are Messrs.
Anderson, Grubbs,
Blackshear, Thomas Johnston,
James E. Brown, William Jones,
Chisolm, Andrew J. Miller,
Those who voted in the negative are
Augustus Beall, Hines,
Byrd, John Jones,
Joseph E. Brown, Leonard,
James A. Miller,
Murphy,
Quarterman,
Woods.
Messrs.
Napier,
Purse,
Kawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner.
Bryan, Long,
Clayton, Love,
Eberhart, McBee,
Edmondson, McRae,
Ferrell, Mosely,
Gonder,
So the motion was lost.
Mr. A. J. Miller moved to amend by striking out the fol¬
lowing, to-wit:
" Or admit into the United States as a State of this Con¬
federacy, the sparsely populated territory of California and
New Mexico," which was lost.
On reading the fourth section as follows, to wit:
Sec. 4. And be it further enacted, That the sum of thirty
thousand dollars be and the same is hereby appropriated out
of any money in the Treasury, for the purpose of defraying
the expenses of said Convention, and that the members of
said Convention shall by vote, regulate their per diem pay
and mileage.
Mr. A. J. Miller moved to amend by striking out all after
the words members of said Convention "and insert in lieu
thereof, the following:
" Shall have the same mileage and per diem pay . as that
of the other members of the present GeneralJAssembly."^ j
492
JOURNAL OF THE
On which motion the yeas and nays were required to be
recorded, and are yeas 16, nays 21.
Those who voted in the affirmative, are Messrs.
Eberhart, Andrew J. Miller,
Ferrell, James A. Miller,
Gonder, Murphy,
Thomas Johnston, Quarterman,
McRae, James R. Smith.
Anderson,
Augustus Beall,
Byrd,
Blackshear,
James E. Brown,
Chisolm,
Those who voted in the negative, are Messrs.
Joseph E. Brown, John Jones
Bryan,
Clark,
Clayton,
Edmondson,
Grubbs,
Hines,
Leonard,
Long,
Love,
McBee,
Mosely,
Napier,
Purse,
Rawls,
JohnW. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner.
So the motion was lost.
Mr. Gonder moved to amend by striking out the whole of
said section. On which motion the yeas and nays were re¬
quired to be recorded, and are|yeas 9, nays 30.
Those who voted in the affirmative, are Messrs.
Elias Beall, Gonder, Andrew J. Miller,
Clayton, Thomas Johnston, Quarterman,
Ferrell, McRae, Rawls.
Those who voted in the negative, are Messrs.
Anderson, Dunham,
Bailey, Eberhart,
Augustus Beall, Edmondson,
Byrd, , Grubbs,
Blackshear, Hines,
James E. Brown, John Jones,
Joseph E. Brown, Leonard,
Bryan, Long,
Chisolm, Love,
' Clark, McBee,
So the motion was lost.
Mr. A. J. Miller moved to amend by adding the following
as an additional section, to-wit: ,
" And be it further enacted, That the Governor shall not
call a Convention upon the happening of any of the causes
in this act stated, unless Conventions of the people of the
Southern States be recommended by delegates from a ma¬
jority of all the Southern States assembled in Convention at
Nashville in June next."
James A. Miller,
Mosely,
Murphy,
Napier,
Purse,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner.
SENATE.
493
Mr. Purse moved the previous question, and on seconding
the same, the yeas and nays were required to be recorded,
and are yeas 19, nays 20.
Those who voted in the affirmative, are Messrs.
Bailey, Long,
Joseph E. Brown, McBee,
Bryan, Mosely,
Clark, Murphy,
Dunham, Napier,
Edmondson, Purse,
John Jones,
Those who voted in the negative, are Messrs.
Rawls,
John W. G. Smith,
Ira E. Smith,
. Spullock,
Stell,
Turner.
Anderson,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Chisolm,
Leonard,
Love,
McRae,
Andrew J. Miller,
James A. Miller,
Quarterman.
Clayton,
Eberhart,
Ferrell,
Gonder,
Grubbs,
Hines,
Thomas Johnston,
So the previous question was not seconded.
The question then recurred on Mr. A. J. Miller s amend¬
ment, and the yeas and nays being required to be recorded,
are yeas 15, nays 22.
Those who voted in the affirmative, are Messrs.
Anderson,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Eberhart,
Ferrell,
Grubbs,
Hines,
Thomas Johnston,
Leonard,
McRae,
Andrew J. Miller,
James A. Miller,
Quarterman,
Those who voted in the negative, are Messrs.
Purse,
Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner.
Bailey, Edmondson,
Augustus Beall, John Jones,
Joseph E. Brown, Long,
Bryan, Love,
Chisolm, McBee,
Clark, Mosely,
Clayton, Murphy,
Dunham, Napier,
So the amendment was rejected.
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
31, nays 8.
Those who voted in the affirmative, are Messrs.^
Bailey, James E.Brown,* ^Cjn^lm,"
Augustus Beall, Joseph E. Brown, (jlark,
Blackshear, Bryan, Clayton,
494
JOURNAL OF THE
Dunham,
Long,
Purse,
Eberhart,
Love,
Rawls,
Edmondson,
McBee,
John W. G. Smith,
Gonder,
McRae,
Ira E. Smith,
Grubbs,
Mosely,
Spullock,
Hines,
Murphy,
Stell,
John Jones,
Napier,
Turner.
Leonard,
Those who voted in the negative, are Messrs.
Anderson,
F errell,
James A. Miller,
Elias Beall,
Thomas Johnston, Quarterman.
Byrd,
Andrew J. Miller,
So the bill was
passed.
On motion of Mr. Murphy, the report of the Joint Select
Committee to whom was referred the memorial of Thomas
R. R. Cobb, proposing to digest the Statute Laws of the
State of Georgia, &c., was .taken up, read and agreed to,
and on motion, the Secretary was directed to carry the same
forthwith' to the House of Representatives.
On motion of Mr. Grubbs, the Senate took up the resolu¬
tions from the House of Representatives providing for the
election of delegates to the Nashville Convention.
And on reading the second resolution as follows, to-wit:
Resolved, That both branches of the General Assembly
will meet in the Representative Hall on Thursday next at
11 o'clock, for the purpose of sending eight delegates from
the State at large to the Nashville Convention.
Mr. Bailey moved to amend by striking out the word
"eight" and inserting in lieu thereof the word " four," which
was agreed to.
On reading the 3d resolution as follows, to-wit:
" Resolved, That we recommend to the people of this State
to send four delegates from each of the Congressional Dis¬
tricts of this State to said Nashville Convention.
Mr. Grubbs moved to amend by striking out the word
"four" and inserting in lieu thereof, the word "two," which
was agreed to.
Mr. Bailey moved to amend by adding the following,
to-wit:
" To be elected on the first Tuesday in April next, by the
people of said Districts, and that his Excellency the Gover¬
nor, by his proclamation to the people of this State, make
known the day of election herein designated to be held as
elections are for members of the Legislature. And that the
returns of the election so held by the people shall be made to
the Governor as elections for members of Congresss by the
people are. And upon the returns so made, his Excellency
the Governor shall by his proclamation make known the per¬
sons so elected. And in the event that any of the delegates
SENATE.
495
so elected shall refuse to accept the appointment by the 15th
day of May, or if any vacancy shall in any manner occur,
then the Governor shall be and he is hereby required to fill
such vacancy by appointment from whichever party the va¬
cancy shall happen," which was agreed to. ,
The resolutions as amended were adopted, and on motion, 1
the Secretary was directed to carry the same forthwith to
the House of Representatives.
The President laid before the Senate a communication
from Isaac Scott, Esq., President of the Macon and Western
Rail Road Company, enclosing the resolution of the Board
of Directors of said Company, which on motion was referred
to a Select Committee consisting of Messrs. Long, Stell and
J. R. Smith.
The Senate then took up as the report of the Committee
of the whole, the special order of the day, to-wit:
The bill of the House of Representatives, "to alter and
amend an act entitled an act to alter and amend the several
acts incorporating the City of Macon, assented to Decemb¬
er 27th, 1847."
Mr. J. R. Smith moved to postpone the report indefinitely.
Upon which motion, the yeas and nays were required to be
recorded, and are yeas 19, nays 11.
Those who voted in the affirmative, are Messrs.
Anderson, Dunham, Mosely,
Bailey, Eberhart, Napier, '
Blackshear, Hines, Quarterman, .
James E. Brown, Thomas Johnston, Rawls,
Bryan, Andrew J. Miller, James R. Smith.
Clark, James A. Miller, Stell.
Clayton,
Those who voted in the negative, are Messrs.
Byrd, " Gonder, McRae,
Joseph E. Brown, John Jones, Purse,
Chisolm, Leonard, John W. G. Smith,
Ferrell, Long,
So the motion was agreed to.
The following message was received from the House of
Representatives, by Mr. Harrison, their clerk:
Mr. President—The House of Representatives have agreed
to the amendments made by the Senate, to the report and
resolutions of the Joint Committee on the State of the Re¬
public, to send delegates to the proposed Nashville conven¬
tion.
On- motion of Mr. A. J. Miller, the bill of the House of
Representatives, to amend an act for the election of a public
printer, and to regulate the public printing, was referred to
the Select Committee heretofore appointed, consisting of
Messrs. A. J. Miller, Stell and Spullock.
The Senate took up message of the House in relation
496 JOURNAL OF THE
•
to the amendments of the bill " for the relief of James King,
of the county of Cherokee." The Senate insisted upon its
amendments, to wit-The 5th and 7th sections, to which
the House had disagreed, and on motion, the Secretary
was directed to carry the same forthwith to the House.
The Senate took up message of the House in relation to.
the amendments of the bill to amend the Guardian Laws of
this State. The Senate insisted upon its amendment, to
witThe 3d section, to which the House had disagreed.
The Senate disagreed to the amendment of the House to
the amendment of the Senate, to wit:—The 4th section of
the bill.
v The Seuate took up the message of the House in relation
to the amendments of the bill to alter, amend and explain
the first section of an act passed for the relief of co-securi¬
ties, and assented to 22d December, 1840. The Senate re¬
ceded from its amendment to which the House had disa¬
greed.
The Senate took up the message of the House in relation
to the amendments of the bill to exempt members of the
Upson Light Dragoons from patrol duty and work on the
public roads. The Senate receded from its amendments to
which the House had disagreed.
The following message was received from the House of
Representatives, by Mr. Harrison,, their Clerk:
Mr. President—The House of Representatives have pas¬
sed the following bills:
A bill for the relief of James M. Kelly, late reporter of the
Supreme Court of the State of Georgia.
A bill to prevent Sheriffs from holding the office of Con¬
stable.
A bill for the relief of Joseph Donaldson, of Cherokee
county.
A bill to authorize Osborn Reaves to establish a ferry
across the Oustonaula River, in the county of Cass, on frac¬
tions No. 322 and 323, lying between the 14th and 15th
districts of the 3d section.
A bill to authorize and direct the Chief Engineer of the
Western and Atlantic Rail Road to have a turn out made
on the State Road in Cass county, near Etowah River, at
such place as Messrs. Stovall & Lother shall designate upon
certain conditions therein named.
A bill to change the lines between the counties of Wayne
and Telfair, and Wayne and Appling, for certain purposes
therein specified.
A bill for the relief of the securities of Jacob W. Frost,
formerly the Tax Collector of Muscogee county.
A bill to consolidate the office of Tax Collector and Re¬
ceiver in the county of Lumpkin.
A bill to add the residence of Thomas S. Hopkins, now
SENATE.
497
of the county of Wayne, to the county of Glynn, and for
other purposes.
A bill to authorize John D. Wadkins to construct a Turn¬
pike road on his own land, around Anthony's Shoals, on
Broad River, to fix the tolls on said road, and for other pur¬
poses therein named.
A bill to change the line between the counties of Haber¬
sham and Franklin, so as to add the residence of Henry
Whisinhunt and Hendrix Harp, to the county of Franklin.
A bill to change the times of holding the Superior and
Inferior Courts of the county of Cobb, and to authorize the
Judge of said Superior Court to draw two panels of Grand
and Petit Jurors.
A bill in relation to affidavits of illegality of execution.
A bill to compensate the Clerk of the Inferior Court of
Gilmer county, for services to be rendered by him.
A bill to fix and make permanent, the criminal and civil
jurisdiction of this State, over a part of the territory in dis¬
pute between citizens of Florida and citizens of Georgia,
and continue the same in force, until the question of bounda¬
ry shall have been definitely settled by and between the ci¬
tizens of Georgia and Florida.
A bill to make Nancy Waters the wife of James Waters,
and Candace R. Carter, wife of John Carter, of Talbot
county, free dealers.
A bill for the relief of Michael Aderhold and James A.
McWhorter, of Carroll county.
A bill to authorize James Brewer and William Brewer
to establish a Ferry across the Altamaha river at Ogle¬
thorpe Bluff, and other purposes therein mentioned.
A bill to authorize the appropriation of unmarked hogs in
the county of Paulding.
A bill to regulate and designate the mode and manner in
which the Clerks of the Superior Courts of the several coun¬
ties of this State, and other officers therein named, shall be
paid the cost on insolvent State cases.
A bill to incorporate the Marietta Manufacturing Com¬
pany of Cobb county*
A bill to regulate the tax on sales at auction.
A bill to authorize Jesse B.Haralson and Joel M. Cjiivers
to construct a Toll Bridge across the Chattahoochie River,
in the county of Troup, and other purposes.
A bill to authorize His Excellency the Governor to have
surveyed and sold, all the unsurveyed lands in the county
of Ware.
A bill to authorize a grant to issue to Jacob Paulk, of the
county of Irwin, to lot of land No. 10, in the fifth district of
the county of Irwin.
A bill to provide an annual Sinking F und for the payment
of the public debt.
52 -
498
JOURNAL OF THE
A bill to extend for five years, the charter of the Central
Bank of Georgia.
A bill to authorize Cornelius D. Terhune to construct a
mill dam across the Etowah River, on his own land.
A bill to inqorporate a Company of Cavalry in the county
of Walton, to be known under the name of the Georgia
State Guards. Also, a Volunteer Rifle Company in said
county, known as the Walton Rifle Company, and to give
them certain privileges.
A bill to lay out and form a new county from the coun¬
ties of Wayne and Lowndes, and to provide for the organi¬
zation of the same.
A bill relative to Constable's Bonds, andto regulate the
proceedings thereon.
A bill to add lot No. 6 in the 22d district of originally
Muscogee, now Harris, to the county of Talbot; and also the
lot of land whereon William Stead now resides, in the county
of Marion, to the county of Talbot; and a bill to incorporate
the Athens Fire Company No. 1, and to grant to the same
certain privileges and exemption, and to authorize the Inten-
dantand Wardens of said town of Athens, to levy and collect
a tax for the establishment and maintenance of a fire de¬
partment in said town.
And they have concurred in the resolution of the Senate
requesting the Governor to furnish George White with co-
• pies of certain Journals and Acts of the Georgia Legisla¬
ture.
The Senate took up the report of the Committee on the-
whole, the bill to incorporate a Banking Company in the
city of Macon, under the name of the "Manufacturer's Bank
of Macon." On reading the following part of the 13th sec¬
tion, to wit:
And be it further enacted by the authority aforesaid, That the
. total amount of the debts which the said Bank shall at any
time owe, whether by bond, bill, note or other contract,
shall not exceed three times the amount of their stock ac¬
tually paid in, over and above the amount of monies depo¬
sited in said Bank for safe keeping."
Mr. Joseph E. Brown moved to amend, by striking out
" three times the amount of their stock," and inserting in
lieu thereof, " twice the amount of their stock." On which
motion the yeas and nays were required to be recorded, and
are yeas 26—nays 5.
Those who voted in the affirmative, are Messrs.
Anderson, Bryan, Edmondson,
Bailey, Chisolm, Ferrell,
Augustus Beall, Clark, Gonder,
Byrd, Clayton, Thomas Johnston,
Blackshear, Dunham, Leonard,
Joseph E. Brown, Eberhart, McRae,
senate.
499
Mosely, John W. G. Smith, Stell, ■
Murphy, James R. Smith. Turner,
Quarterman. Spullock,
Those who voted in the negative, are Messrs.
James E. Brown, James A. Miller, Purse,
Andrew J. Miller, Napier,
So the motion prevailed.
On motion,
The Senate adjourned until 3 o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate resumed the unfinished business of the morn¬
ing, to wit:
The bill to incorporate a Banking Company in the city of'
Macon, uuder the name of the Manufacturer's Bank of
Macon.
Mr. Joseph E. Brown moved to amend by offering the
following as an additional section, to wit:
" And be it Jurther enacted, That the Legislature shall have
the right, whenever in its discretion, it shall become neces¬
sary to repeal the charter of said Bank, and to appoint pro¬
per persons who shall act as Trustees, in settling up the af¬
fairs of said Bank.
Mr. A. J. Miller moved to amend the amendment, by
adding the following:—"By a vote of two thirds of both
branches of the General Assembly which was agreed to.
The amendment as amended, was agreed to, the bill was
read the third time, and on the question shall this bill now
pass ? the yeas and nays were required to be recorded, and
are yeas 10—nays 25.
Those who voted in the affirmative, are Messrs.
Anderson, F errell,
Blackshear, Hines,
James E. Brown, Andrew J. Miller,
Eduiondson,
Those who voted in the negative, are
Bailey, Eberhart,
Augustus Beall, Gonder,
Elias Beall, Thomas Johnston,
Bvrd, John Jones,
Joseph E. Brown, Leonard,
Bryan,
Chisolm,
Clark,
Clayton,
So the bill was lost.
Long,
McRae,
James A. Miller,
Purse,
Quarterman,
James R. Smith.
Messrs.
Mosely, •
Murphy,
Napier,
Rawls,
John W. G. Smith,
Ira E. Smith,
Turner,
Woods.
500
journal of the
The Senate took up as the report of the Committee of the
whole, the bill to authorize and require the Governor of the
State of Georgia to call a convention of the people of this
State ; which on motion, was postponed indefinitely.
The Senate took up as the report of the Committee qf
the whole, the bill to authorize the election of the Principal
Keeper of the Penitentiary, and the Chief Engineers of the
Western and Atlantic Rail Road, by the Legislature of the
State of Georgia, and to fix the salaries of the same.
Mr. Stell offered as a substitute, a bill to be entitled an
act to amend the several acts relating to the Western and
Atlantic Rail Road, to provide a Board of Directors for the
government of the same, and for other purposes. On read¬
ing the following part of the 4th section, to wit:
" Sec. 4. And be it further enacted, That the Board of Di¬
rectors,"
Mr. Bailey moved to amend, by striking out " Board of
Directors," and inserting in lieu thereof, "President;"
which was agreed to.
Mr. Stell moved to amend, by filling the blank in the 7th
section, by inserting " two thousand dollarswhich was
lost.
Mr. Joseph E. Brown moved to fill the blank with "eigh¬
teen hundred dollars ;" which was lost.
Mr. Long moved to fill the blank with " seventeen hun¬
dred dollars." On which the yeas and nays were required
to be recorded, and are yeas 13—nays 24.
Those who voted in the affirmative, are Messrs
Bailey, Long, Ira E. Smith,
Chisolm, Napier. Spullock,
Clayton, Purse, Stell,
John Jones, James R. Smith, Woods.
Leonard,
Those who voted in the negative, are Messrs.
Anderson, Clark, McRae,
Augustus Beall, Eberhart, Andrew J. Miller,
Elias Beall, Edmondson, James A. Miller,
Byrd, Ferrell, Murphy,
Blackshear, Gonder, Quarterman,
James E. Brown, Hine's, Rawls,
Joseph E. Brown, Thomas Johnston, John W. G. Smith,
Bryan, McBee, Turner,
So the motion was lost.
Mr. Turner moved to fill the blank with " sixteen hundred
dollars," which was agreed to.
Mr. Bailey moved to amend by adding the following as an
additional section, to become section 9, to wit:
And be it further enacted, That no person shall be elegible
senate.
501
to the office of President, Director or Treasurer, who may
be interested as a stockholder of any other Rail Road Com¬
pany, nor shall he be in their employment while acting as
such President, Director or Treasurer, which was agreed to.
The following part of the 10th section being read, to wit:
Sec, 10. And be it further enacted That the President and
Director when so elected, shall, previous to entering upon
the discharge of their respective offices, each severally take
an oath, faithfully and impartially, to perform all the duties
required of them respectively, to the best of their skill and
ability.
Mr. Bailey moved to amend by adding the following after
the word "ability," " and that he is not a stockholder in any
Rail Road Company, or employed as agent by any other
Rail Road Company in any wise," which was agreed to.
Mr. A. J. Miller moved to fill the blank in the tenth sec¬
tion with " two thousand dollars."
On which motion the yeas and nays were required to be
recorded, and are—yeas 18, nays 19.
Those who voted in the affirmative, are Messrs.
Anderson,
Bailey,
James E. Brown,
Chisolm,
Clayton,
Edmondson,
Ferrell, Purse,
Gonder, James R. Smith,
McRae, Ira E. Smith,
Andrew J. Miller,. Spullock,
James A. Miller. Stell,
Napier, Woods.
Those who voted in the negative, are Messrs.
Eberhart,
Hines,
Thomas Johnston,
John Jones,
Leonard,
Long,
McBee,
Murphy,
Quarterman,
Rawls,
John W. G.4 Smith,
Turner.
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
Joseph E. Brown,
Bryan,
Clark,
So the motion was lost.
Mr. Stell moved to fill the blank with " nineteen hundred
and fifty dollars."
On which motion the yeas and nays were required to be
recorded, and are yeas 19, nays 17.
Those who voted in the affirmative, are Messrs.
Anderson, Ferrell, Purse,
Bailey, Gonder, Quarterman,
Blackshear, McRae, James R. Smith,
James E. Brown, Andrew J. Miller, Spullock,
Chisolm, Murphy, Stell,
Clayton, Napier, Woods.
Edmondson,
502
journal of the
Those who voted in the negative, are Messrs.
Elias Beall,
Byrd,
Joseph E. Brown,
Bryan,
Clark,
Eberhart,
James A. Miller,
Rawls,
John W. G. Smith,
Ira E. Smithy
Turner.
Hines,
Thomas Johnston,
John Jones,
Leonard,
Long,
McBee,
. So the motion prevailed.
The following part of the 11th section being read,, to wit:
Sec. Ill And be it further enacted, That the President
and Director shall reside at some suitable and elegible point
on, and give their individual attention to the business of said
road.
Mr. Long moved to amend by striking out after the word
"Director," "shall reside at some suitable and elegible
point on," which was lost.
Mr. Spullock moved to amend by adding the following
as an additional section, to wit:
Sec. 13. Be it enacted by the authority aforesaid, That the
Board of Directors shall be authorized to pay out of the pro¬
ceeds of said road, the right of way for any damages which
may be awarded to individuals in lands through which said
road may run, according to the law now in force regulating
the payment of the right of way, which was agreed to.—
The substitute as amended was agreed to. The report
as amended was agreed to, the bill was read the third
time, and on the question " shall this bill now pass.?" the
yeas and nays were required to be recorded, and are yeas
32, nays 5.
Those who voted in the affirmative are Messrs.
Edmondson,
F errell,
Gonder,
Hines,
John Jones,
Leonard,
McBee,
McRae,
Andrew J. Miller,
James A. Miller,
Mosely,
Those who voted in the negative, are Messrs.
Byrd, Thomas Johnston, Ira E. Smith,
Joseph E. Brown, Long,
So the bill was passed.
Mr. Stell from the Committee on Enrollment, reports as
duly enrolled and signed by the Speaker of the House of
Anderson,
Bailey,
Augustus Beall,
Elias Beall,
Blackshear,
James E. Brown,
Bryan,
Chisolm,
Clark,
Clayton,
Eberhart,
Napier.
Purse,
Quarterman,
Rawls,
John W. G. Smith,
James R. Smith,
Spullock,
Stell,
Turner,
Woods.
SENATE.
503
Representatives and ready for the signature of the President
of the Senate, an act to change the litre between the county
of Campbell and the county of Fayette, so as to add a part
of Fayette to the county of Campbell, and the residence of
Elias Sawber of the county of Hall, to the county of Haber¬
sham.
Also, an act to compensate the Grand and Petit Jurors
of the county of Meriwether, and to authorize the Justices
of the Inferior Court to levy an extra tax for that purpose,
and to prevent the Justices of the Inferior Court of Cherokee
county from levying more than fifty per cent on the State
tax for county purposes.
Also, an act to change the time of holding the Inferior
Courts of the counties of Gilmer and Harris, and the county
of Richmond.
Also, an act to designate the holidays to be observed in
the acceptance and payment of Bills of Exchange and pro-
misory notes, and to allow three days, commonly called
days of grace, for the payment within said time, of all sight
drafts and bills of exchange drawn payable at sight.
The following bills were taken up, read the second time,
and referred to the committee of the whole, to wit:
A bill to incorporate the Elijay Turnpike Company, and
to grant certain privileges to the same.
A bill for the protection of bona fide purchasers of negroes
and other moveable property.
A bill to authorize a grant to issue for lot number sixty,
in the seventh district of Gwinnett county, upon certain
conditions, and for other purposes.
The bill more effectually to protect purchasers at execu¬
tors' and administrators' sales, was taken up, read the sec¬
ond time, and on motion referred to the Committee on the
Judiciary.
Mr. Bailey made the following report, to wit:
The Judiciary Committee have had under consideration
the bill to prohibit the citizens of the State of North Carolina
from driving and pasturing their cattle in the county of
Union, and the bill to forbid free negiroes, or free persons of
color, from being within the limits of this State under certain
penalties therein named, and direct the same to be reported
without the approval of the Committee.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to make
valid all commisssions which have heretofore been or may
hereafter be issued in blank, for the purpose of .taking testi¬
mony in any case arising, or which may have arisen in the,
Courts of Law and Equity in this State. The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole^the bill of the House of-Representatives, to authorize
504
JOURNAL OF THE
the granting injunctions in certain cases. The repert was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the committee of the
whole, the bill bf the House of Representatives to authorize
his excellency the Governor to dispose of certain lands be¬
longing to the State of Georgia. The report was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to authorize
certain persons therein named to peddle without taking out
license, which on motion, was referred to the Committee on
Petitions.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to amend
the first section of an act passed on the 7th day of December,
1824, authorizing the Superior Courts of this State to appoint
persons to assign and set off dower, and to prescribe the
mode of proceeding therein, which on motion was laid on
the table for the present.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to amend
an act to revive and amend the act entitled an act to incor¬
porate the Milledgeville Rail Road Company. The report
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of tbe House of Representatives, to reorgan¬
ize a Land Court for head rights of land, so far as relates
to the county of Emanuel, and to authorize all monies arising
from the s^rae to be paid over to the Justices of the Inferior
Court of said county, equally, as a compensation for their
services, and for other purposes therein mentioned, which
on motion was referred to a select committee consisting of
Messrs. J. R. Smith7 Turner and Ferrell.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives for tbe re¬
lief of David Barron of Wilkinson county, Luverna E.
Walker of the county of Hancock, and James Boon of the
county of Randolph, which, on motion was laid on the table
for the present.
The Senate took up as the report of the Committee of the
whole, the bill of tbe House-of Representatives to authorize
the subscription by tbe State, to- the Capital stock of the
Milledgeville and Gordon Rail Road Company. The
report was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to" authorize
and empower the Planter's Manufacturing Company of Butts
county, and their successors, to establish a ferry across the
Ocmulgee river on their own land.
SENATE.
505
Mr. A. J. Miller moved to amend by adding the following:
And whereas, James Hope, Frederick Lamback, Seabury
J. Sweetland, William E. Jackson, George T. Jackson,
Nelson C. Trowbridge, Hugh O'Neill and others, have
formed themselves into a company, intending to engage in
the manufacture of various fabrics, composed of cotton or
wool, or both ; also for working in wood and iron or other
metal, and for operating a grist mill and saw mill. And
whereas, the said company have invested a large sum of
money in prosecution of their design by purchasing & tract
of land in Burke and Richmond counties, in the State of
Georgia, including a water power on McBean Creek, (the
dividing line between said counties), and in the purchase of
machinery ; and whereas, for the more conveniently carry¬
ing on the operations of said company, the said persons de¬
sire an act of incorporation.
Be it therefore enacted, That the said James Hope, Frede¬
rick Lamback, Seabury S. Sweetland, William E. Jackson,
George T. Jackson, Nelson C. Trowbridge, Hugh O'Neill
and their associates, and such persons as may hereafter be¬
come subscribers and stockholders in said company, and
their successors and assigns, shall be and they are hereby
created and constituted a body politic and corporate, by the
name and style of " The McBean Company," and by that
name shall be and they are hereby made able and capable
in law, to have, purchase, receive, possess, enjoy and retain, to
them and their successors and assigns, lands, rents, tenements,
hereditaments, goods, chattels and effects of whatsoever
kind, nature or quality the same may be ; and the same to»
sell, grant, demise, alien and dispose of, to sue and be sued,
plead and be impleaded, answer and be answered unto,
defend and be defended in any Court of Law or Equity, or
any other place whatsoever j and also to make and have a
common seal, and the same to break, alter or amend at their
pleasure ; and also, to ordain, establish and put in execu¬
tion, such by-laws, rules and regulations, as shall be neces¬
sary and proper for the general government of said corpora¬
tion, provided they be not repugnant to the Laws and Con¬
stitution of this State or the United States, and generally to
do and perform all and singular, such acts, matters and things
as corporations may legally do, and perform for the purpose
of carrying into effect the objects of the association, which
wds agreed to. The report as amended was agreed to, the
bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives for the com¬
pensation of Benjamin H. Cameron of Troup county, for
loss incurred by him on account of the deficiency of the num¬
ber of acres in fraction No. 145, in the 5th district of said
county, sold by the State of Georgia in 1828, as containing
506
JOURNAL OF THE
one hundred and thirty-seven acres, when in truth it only
contained one hundred acres. The report was agreed to,
the bill Was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, for the relief of Edward A.
Flewellen.
Mr. A J. Miller moved to refer the bill to the Judiciary
Committee, which was lost. The report was agreed to, the
bill was read the third time and passed.
The following bills of the House of Representatives were
taken up, read the second time and referred to the Com¬
mittee of the whole, to wit:
A bill for the removal of the present county site of Marion
in the county of Twiggs, and to define the duties of the In¬
ferior Court of Twiggs county in relation to the same.
A bill to incorporate the Columbus and Greenville Plank
and Turnpike Road Company, the Columbus and Lumpkin
Plank and Turnpike Road Company, and the Sparta Plank
and Turnpike Road Company, and for other purposes
therein named.
A bill for the relief of the heirs of Isaac S. Wood, de¬
ceased.
A bill to authorize the stockholders of the Milledgeville
Bank to increase their capital stock to the amount of $500,-
000.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to prevent Lumber Measurers
.from being clerks or agents of lumber buyers and lumber
mills, and for other purposes therein named, which on mo¬
tion, was laid on the table for the present.
The Senate took up as the report of the Committee of the
whole, the bill of the House, for the relief of Joseph L.
Robinson, which on motion, was referred to the Committee
on Finance.
The following bills of the House were taken up and read
severally the first time, to wit:
A bill to provide an annual sinking fund for the payment
of the public debt.
A bill to incorporate the Fire Company of the town of
Athens, to be known by the name and style of the Athens
Fire Company number one, and to grant to them certain pri¬
vileges and exemptions, and to authorize the Intendant and
Wardens of said town of Athens, to levy and collect a tax
for the establish mqnt and maintainance of the Fire Depart¬
ment of said town.
A bill to add lot of land No. 6, in the 22d district of origi¬
nally Muscogee now Harris county, to Talbot, and also, the
lot of land whereon William Stead now lives in the county of
Marion, to the county of Talbot.
A bill to authorize his excellency the Governor to have
SENATE.
507
surveyed all the urisurveyed lands in the county of Ware,
and have the said lands sold at the Court House in the
county of Ware,.to the highest bidder, on such terms as. he
shall direct.
A bill to authorize Jessey B. Harralson and Joel M. Chi-
vers, to construct a toll bridge across the Chattahoochee
river in the county of Troup, and for other purposes therein
mentioned.
A bill to lay out and form a new county from the counties
ot Ware and Lowndes, and to provide for the organization
of the same.
A bill to extend ior five years the Charter of the Central
Bank of Georgia.
A bill relative to Constable's Bonds, and to regulate the
proceedings therein.
A bill to authorize a grant to issue to Jacob Paulk of the
county of Irwin, to lot of land No. 10, in the 5th district in the
county of Irwin.
A bill in relation to affidavits of illegality of execution.
A bill to consolidate the office of Tax Collector and Re¬
ceiver in the county of Lumpkin.
A bill for the relief of the estate of James M. Kelley, late
Reporter of the Supreme Court of the State of Georgia.
A bill to regulate the tax on sales at auction.
A bill to authorize Cornelius D. Terhune to construct a
draw dam across the Etowah river, on his own land in the
county of Cass.
A bill to incorporate a company of Cavalry in the county
of Walton, to be known under the name of the Georgia State
Guards, also, a Volunteer Rifle Company in said county,
known as the Walton Rifle Company, and to grant them
certain privileges and exemptions.
A bill to regulate and to designate the mode and manner
in which the Clerks of the Superior Courts of the several
counties of this State, and other officers therein named,
shall be paid their costs on insolvent State cases.
A bill for the relief of Joseph Donaldson, of the county of
Cherokee.
A bill for the relief of Michael Aderhold and James A.
McWhorter, of the county of Carrol.
A bill to authorize John D. Watkins to construct a Turn¬
pike road on his own land, around Anthony's shoals 6n
Broad river, to fix Jthe tolls on said road, and for other pur¬
poses therein named. .
A bill to authorize the appropriation of unmarked hogs, in
the county of Paulding.
A bill to change the line between the counties of Haber¬
sham and Franklin, so as to add the residence of Henry
Whisinhunt and Hendrix Harp to the county of Franklin.
A bill to prevent Sheriffs from holding the office of Con-
508
journal op the
A bill to authorize James Brewer and William Brewer to
establish a ferry across the Altamaha river at Oglethorpe
Bluff, and for other purposes therein mentioned.
A bill to incorporate the Marietta Manufacturing of Cobb
county.
A bill to fix and make permanent the criminal and civil
jurisdiction of the State over a part of the territory in dispute
between the citizens of Florida and the citizens of Georgia,
and continue the same in force until the question of boundary
shall have been definitely settled by and between the States
of Georgia and Florida.
A bill to authorize Osburn Reaves to establish a ferry
across the Oustanaula' river in Cass county, on fractions of
lots No's. 322 and 323, lying between the 14th and 15th
districts of the 3d section.
A bill to change the lines of the counties of Ware and
Telfair, and Ware and Appling, for certain purposes therein
specified.
A bill to authorize and direct the Chief Engineer of the
Western and Atlantic Rail Road, to have a turnout made
on the State Road in Cass county, near Etowah river at
such place as Messrs. Stoval & Lothen shall designate upon
certain conditions therein named.
A bill to make Nancy Waters, the wife of James Waters,
and Candace R. Carter, the wife of John Carter of Talbot
county, free dealers.
A bill for the relief of the securities of Jacob W. Frost,
formerly Tax Collector of Muscogee county.
A bill to compensate the Clerk of the Inferior Court of
Gilmer county, for services to be rendered by him.
A bill to add the residence of Thomas S. Hopkins now
of the county of Wayne, to the county of Glynn, and for
other purposes.
A bill to change and fix the times of holding the Superior
and Inferior Courts of the county of Cobb, and to authorize
the Judge of said Superior Court to draw panels of Grand
and Petit Jurors.
On motion,
The Senate adjourned until to-morrow morning nine
o'clock.
WEDNESDAY, February 6, 3850.
The Senate met pursuant to adjournment.
Messrs. Anderson, Long and Woods asked and obtained
leave to have their votes recorded on the motion of Mr. A. J.
Miller to amend the 8th resolution of the House of Represen¬
tatives, upon the subject of slavery, by striking out the whole
SENATE.
509
resolution and inserting one in lieu thereof, "and Mr. Ander¬
son's vote was recorded in the affirmative,.and Messrs. Long
and Woods in the negative, on the journal of yesterday.
- Messrs. Long, Woods, J. R. Smith and William Jones,
asked and obtained leave to have their votes recorded in the
affirmative on the passage of the resolutions of the House
upon the subject of slavery, which was accordingly done.
Messrs. Long, Woods and William Jones asked and ob¬
tained leave to have their votes recorded upon the amend¬
ment offered by Mr. Chisolm to the first section of the bill of
the House "to authorize the Governor of the State of Geor¬
gia to call a Convention of the people of this State, and to ap¬
propriate money for the same."
So the votes of Messrs. Woods and Jones were recorded
in the affirmative and Mr. Long in the negative, on the jour¬
nal of yesterday.
Mr. A. J. Miller moved to reconsider So much of the jour¬
nal of yesterday as relates to the passage of the bill of the
House of Representatives "to authorize the Governor of the
State of Georgia to call a Convention of the people of this
State, and to appropriate money for the same." On which
motion the yeas and nays were required to be recorded, and
are yeas 10, nays 32.
Those who voted in the affirmative, are Messrs.
Anderson, James E. Brown, Andrew J. Miller,
Elias Beall, Ferrell, James A. Miller,
Byrd, Thomas Johnston, Quarterman.
Blackshear,
Those who voted in the negative, are Messrs.
Bailey, Hines, Napier,
Augustus Beall, Micajah Johnston, Purse,
Joseph E. Brown, William Jones, Rawls,
Bryan, John Jones, John W. G. Smith,
Chisoltn, Leonard, James R. Smith.
Clark, Long, Ira E. Smith,
Clayton, Love, Spullock,
Dunham, McBee, Stell,
Eberhart, McRae, Turner,
Edmondson, Mosely, Woods.
Gonder, Murphy,
So the motion was lost.
On motion of Mr. Spullock, the Senate reconsidered so
much of the Journal of yesterday as relates to the passage of
the bill "to amend the several acts relating to the Western
and Atlantic Rail Road, to provide a board of Directors for
the government of the same and for other(purposes.
On motion of Mr. Napier, the Senate' .reconsidered so
much of the Journal of yesterday as relates to the rejection
of the bill "to incorporate a Banking Company in the City
510
JOURNAL OF THE
of Macon, under the name of the "Manufacturer's Bank of
Macon."
Mr. John W. G. Smith1 moved to reconsider so much of
the Journal of yesterday as relates to the passage of the bill
of the House " to authorize the subscription by the State to
the capital stock of the Milledgeville and Gordon Rail Road
Company." Upon which motion the yeas and nays were
required to be recorded, and are yeas 8, nays 31.
Those who voted in the affirmative, are Messrs.
Byrd, Murphy, John W. G. Smith,
Joseph E. Brown, Napier, Stell.
Bryan, Rawls,
Those who voted in the negative, are Messrs.
Anderson, Ferrell, McRae,
Bailey, Gonder, Andrew J. Miller,
Augustus Beall, Hines, James A. Miller,
Elias Beall, Micajah Johnston, Mosely,
Blackshear, Thomas Johnston, Purse,
James E. Brown, John Jones, Quarterman,
Chisolm, Leonard, James R. Smith,
Clayton, Long, Ira E. Smith,
Dunham, Love, Spullock,
Eberhart, McBee, Woods.
Edmondson,
So the motion was lost.
Mr. Woods laid the following resolution upon the table,
to wit:
" Resolved, That a Committee of three be appointed on
the part of the Senate, and three on the part of the House to
enquire and examine into the amount, of business yet on
hand, and report the earliest day for adjournment, which
was taken up, read and agreed to. And the Committee ap¬
pointed in pursuance thereof on the part of the Senate, are
Messrs. Woods, Hines and Rawls.
Mr. Stell laid on the table the following resolution, to-wit:
Whereas', the education of our people is an object greatly
to be desired, and whereas the moral culture of the rising
generations is indispensable to the well being of society, and
whereas, the State has set apart a large fund for the educa¬
tion of the poor, and whereas, also, no system has yet been
devised for the general diffusion of its blessings so well cal¬
culated to accomplish the end for which it is intended as
that which may be found in the Sunday School system prop¬
erly managed. Therefore,
Be it resolved by the Senate and House of Representatives of the
State of Georgia in General Assembly convened, That his Ex¬
cellency the Governor be and he is hereby authorized to pro¬
cure a sufficient number of libraries upon the plan proposed
by the "American Sunday School Union," to furnish the
SENATE.
511
several militia districts in this State with one library each,
and that the same be paid for out of the poor school fund.
Resolved further, That the Inferior Courts of the several
counties in this State be required to appoint a board of trus¬
tees for each of the several districts in their respective coun¬
ties, to take charge of such libraries and organize a general
system of Sunday Schools throughout the State.
The following message was received from his Excellency
the Governor, by Mr. Patton, his Secretary :
Mr. President—I am instructed by the Governor to lay
before the Senate a communication in answer to its resolu¬
tion asking to be informed whether any proceeding by Man-
damus'at the instance of John H. Low of Henry county, has
been served upon the Executive of this State; which on mo¬
tion, was referred to a select committee consisting of Messrs.
Murphy, Bailey, A. J. Miller, Joseph E. Brown and Love,
and fifty copies ordered to be printed for the use of the Se¬
nate.
On motion of Mr. Hines, the Senate took up the bill of the
House of Representatives "to prevent lumber measurers
from being clerks or agents of lumber buyers and lumber
mills, and for other purposes therein named." The report
was agreed to, the bill was read the third time, and on the
question " shall this bill now pass ?" the yeas and nays
were required to be recorded, and are yeas 28, nays 9.
Those who voted in the affirmative, are Messrs.
Anderson, Gonder, Andrew J. Miller,
Augustus Beall, Hines, James A. Miller,
Elias Beall, Micajah Johnston, Mosely,
Byrd, William Jones, Napier,
James E. Brown, John Jones, Qiiarterman,
Chisolm, Leonard, Rawls,
Clark, Long, John W. G. Smith,
Clayton, Love, Turner,
Dunham, McRae, Woods.
F errell,
Those who voted in the negative, are Messrs.
Bailey, Eberhart, Purse,
Joseph E. Brown, Thomas Johnston, Ira E. Smith,
Bryan, Murphy, Stell.
So the bill was passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives "for the re-,
lief of David Barron of Wilkinson county, Luverna E.
Walker of ihe county of Hancock, and James Boon of the
county of Randolph." The report was agreed to, the bill
was read the third time and passed.
On motion of Mr. Napier, the Senate took up as the report
of the Committee of the whole, the reconsidered bill "to in-
512
JOURNAL OF THE
corporate a Banking Company in the City of Macon under
the name of the "Manufacturer's Bank of Macon."
On the 20th section being read as follows, to-wit:
" And be it further enacted by the authority aforesaid, That
the persons and property of the stock-holders in the Manu¬
facturer's Bank of Macon, shall at all times be bound for an
amount equal to the amount of stock which he, she, or they
shall own in said Bank for the ultimate redemption of the
notes or bills of said bank, and any bill holder may institute
suit against them, as in cases of partnership for the purpose
of enforcing such liability."
Mr. A. J. Miller moved to amend by striking out after the
words "equal to the" and before the words "of stock," the
word " amount," and inserting in lieu] thereof, the word
"proportion," which was agreed to.
Mr. Joseph E. Brown moved to amend by adding the fob
lowing as an additional section :
" And be it further enacted, That the Legislature shall have
the right whenever, in its discretion it shall become necessa¬
ry to repeal the charter of said Bank, and to appoint proper
persons who shall act as trustees in settling up the affairs of
said Bank."
Mr. A. J. Miller moved to lay the amendment on the ta¬
ble for the balance of the session, which was agreed to. The
report as amended was agreed to, the bill was read the third
time, and on the question "shall this bill now pass?" the
yeas and nays were required to be recorded, and are yeas
21, nays 15.
Those who voted in the affirmative, are Messrs.
Anderson, Hines, Napier,
Bailey, Micajah Johnston, Purse,
Blackshear, John Jones, Rawls,
James E. Brown, Long, John W. G. Smith,
Chisolm, Andrew J. Miller, James R. Smith,
Edmondson, , James A. Miller, Ira E. Smith,
Ferrell, Mosely, Spullock.
Those who voted in the negative, are Messrs.
Augustus Beall, Clark, Leonard,
Elias Beall, Clayton, McRae,
Byrd, Eberhart, Murphy,
Joseph E. Brown, Gonder, Turner,
Bryan, Thomas Johnston, Woods.
So the bill was passed.
The following message was received from the House of
Representatives by Mr. Harrison their Clerk:
Mr. President—The House of Representatives have agreed
to the amendments by substitute of the Senate to the bill of
the House, to authorize the South Western Rail Road Com¬
pany to construct its Rail Road through the Public Reserve,
SENATE.
513
with amendments to said amendments, to which they desire
concurrence.
They have concurred in the resolution of Senate to author¬
ize the Governor to have examined by competent persons
the Digest of T. R. R. Cobb, and if found correct and faith¬
ful, to subscribe for a number of copies thereof, not to ex¬
ceed three thousand, at a price not to exceed four dollars
per volume.
The House still adheres to their disagreement to certain
of the amendments of Senate, to the bill for the relief of
James King of the county of Cherokee.
They also adhere to their disagreement to one of the
amendments of Senate to the bill to abolish, change and es¬
tablish election precincts in the several counties hereinafter,
named.
Also, adhere to their disagreement to the amendments to
the bill, to create an additional election precinct and to re¬
move various others, in the county of Washington.
They also adhere to their disagreement to certain of the
amendments of Senate to the bill of the House, for the relief
of John C. Whitworth, administrator of the estate of Elijah
Hill deceased.
They have also passed the following bills of Senate,
to-wit:
. The'bill to authorize the county officers of the counties of
Irwin and Telfair to publish in any public gazette in Milledge-
ville, Macon, or Albany; and the county officers of Hancock
to advertise in any paper in this State; and the Sheriff of
Gwinnett county to advertise in some paper published at
Augusta, Milledgeville or Athens, at their option.
A bill to incorporate the Cherokee Insurance and Banking
Company.
A bill to alter and amend the third section of the first arti¬
cle of the Constitution of this State.
A bill to authorize Notaries Public to administer oaths.
• And a bill to secure to the Rock Island Factory Company
of Muscogee county, certain privileges, and legalize the build¬
ing of a dam or dams across the Chattahoochee River on
their own land, with amendments by a substitute to which
they desire the agreement of Senate.
They have passed the following bills of the House, to-wit:
A bill amendatory of an act assented to 17th December,
1847, entitled an act to authorize parties to compel discov¬
eries at common law.
A bill to make it a penal offence for any conductor, fire¬
man, engineer or other officer or agent, conducting ot man*
aging any Rail Road car in this State, to allow a slave to en¬
ter and travel on the same in the absence of the owner, over¬
seer or employer, without a written permit for the express
purpose.
33
514
JOURNAL OF THE
A bill to incorporate the Stockholders of the Cherokee
Rail or Plank Road Company.
A bill to authorize William Ezzard, administrator on fhe
estate of A. H. Greene, late of DeKalb county, deceased,
and Allison Nelson, to establish a ferry or bridge across the
Chattahoochee river.
A bill for the relief of William Hardeman of the county
of Cherokee.
A bill to repeal an act approved on the 23d December,
1835, to authorize and empower the Surveyor General to
record all plats of surveys made on head rights belore grant"
ing the same.
A bill to change the line between the counties of Newton
and Jasper, so far as to include within the county of Newton
the possessions of James M. Finly and William Gaithwright.
A bill to add a part of Carroll to Paulding.
A bill to change the line between the counties of Effing¬
ham and Chatham so as to include the residence of George
A. Keller in the county of Chatham.
A bill to amend an act entitled an act concerning Coron¬
ers and Inquests, passed December 22d, 1823.
A bill to prevent the falling of timber, or otherwise ob¬
structing the Chickamauga River, and for other purposes
therein named.
A bill for the relief ofj all offenders against the late laws
of this State, prohibiting the introduction of slaves into this
State for the purpose of sale, and prohibiting the sale, offer
to sell, of the purchase of slaves within a certain periotj af¬
ter their introduction into this State.
A bill to alter and change the line between the counties of
Montgomery and Telfair.
A bill to alter and*fix the times of holding the Superior
Courts of the counties of Pulaski, Telfair and Irwin.
The Senate took up message of the House in relation to
the amendments to the bill "for the relief of James King of
the county of Cherokee." The Senate receded from its
amendments.
The Senate took up message of the House in relation to
the amendments to the bill for the relief of John C. Whit-
worth, administrator, of the estate of Elijah Hill, deceased.
Mr. Spullock moved that the Senate adhere to its amend¬
ment, to wit, the 2d section of the bill, and appoint a com¬
mittee of conference. On which motion, the yeas and nays
were required to be recorded, and are yeas 14, nays 17.
Those who voted in the affirmative, are Messrs.
Bailey, Clayton, Purse,
Augustus Beall, Edmondson, Ira E. Smith,
Elias Beall, Ferrell, Spullock,
James E. Brown, Thomas Johnston, Stell.
Ghisolm, Andrew J. Miller,
senate. 515
Those who voted in the negative, are Messrs.
Byrd, Eberhart, Napier,
Blackshear, Micajah Johnston, Quarterman,
Joseph E. Brown, Long, Rawls,
Bryan, McRae, Turner,"
Clark, James A. Miller, Woods.
Dunham, Mosely,
So the Senate receded from its amendment.
The Senate receded from its amendment, to-wit: the 5th
section of the bill.
On motion,
The Senate adjourned until three o'clock, P. M.
Three o'clock, p. m.
The Senate met pursuant to adjournment.
Mr. Long made the following report:
The Committee on Petitions to whom was referred "the
bill to be entitled an act to authorize certain persons therein
named to peddle without taking out license," have had the
same under consideration, and report the bill back with
amendments.
The Senate took up message of the House in relation to
the amendments to the bill to authorize Nancy Weston, the
wife of James Weston of the county of Cass, to exercise all
the rights of a feme sole."
The Senate insisted upon its first amendment, to which
the House has disagreed. And on the question of insisting
upon its second amendment, the yeas and nays were requirj
ed to be recorded, and are yeas 23, nays 15.
Those who voted in the affirmative, are Messrs.
Bailey, Gonder, Andrew J. Miller,
Blackshear, Hines, James A. Miller,
James E. Brown, Micajah Johnston, Napier,
Chisolm, v Thomas Johnston, ~
Clayton, William Jones,
Dunham, Leonard,
Edmondson, Long,
Ferrell, McRae,
Purse,
Quarterman.
James R. Smith,
Spullock,
Those who voted in the negative, are Messrs*
Augustus Beall,
Byrd,
Joseph E. Brown,
Bryan,
Clark,
Eberhart,
John Jones,
McBee,
Mosely,
Murphy,
Rawls,
John W. G. Smith,
Ira E. Smith,
Turner,
Woods.
So the Senate insisted upon its amendment.
616
JOURNAL OF THE
The Senate took up and concurred in the amendment of
the House, to the amendment, by way of substitute, of the
Senate, to the bill to authorize the South Western Rail Road
Company to construct its Rail Road through the Public Re¬
serve, adjoining the corporate limits of the city of Macon.
The Senate took up message of the House in relation to
the amendment of the bill, to create an additional election
precinct, and to remove various others in the county of
Washington. The Senate adhered to its amendment to
which the House had disagreed, and on motion of Mr. J. R.
Smith, appointed a Committee of Conference, consisting of
Messrs. J. R. Smith, Dunham and Mosely.
The Senate took up message of the House in relation to
the amendment of the bill to abolish, change and establish
election precincts in the several counties hereinafter named.
The Senate receded from its amendment to which the House
had disagreed.
The Senate took up and concurred in the amendment of
the House to the bill to authorize the county officers of the
county of Irwin and Telfair to publish in any public ga¬
zette in Milledgeville, Macon or Albany j and the county
officers of Hancock to advertise in any paper in this State.
On motion of Mr. Stell, Mr. Long was added to the Com¬
mittee on Enrolment.
The Senate took up as the report of the Committee of the
whole, the bill to prohibit the citizens of the State of North
Carolina from driving and pasturing their cattle in the coun¬
ty of Union.
Mr. Turner moved to lay the report on the table for the
balance of the session -r which motion was lost. The report
was agreed to, the bill was read the third time and lost.
The Senate took up as the report of the Committee of the
whole, the bill to reorganize a Land Court for Head Rights
of land, so far as relates to the county of Emanuel, and to
authorize all monies arising from the same, to be paid over
to the Justices of the Inferior Court of said county, equally,
as a compensation for their services, and for other purposes
therein mentioned.
Mr. J. R. Smith offered as a substitute for the bill, the fol¬
lowing, to wit:
" A bill to be entitled an act to alter and amend the sev¬
eral laws of this State providing for the organization of
Land Courts." The substitute was received. The report
as amended, was agreed to ; the bill was read the third
time and passed.
The following message was received from his Excellen¬
cy the Governor, by Mr. Patton his Secretary :
Mr. President—His Excellency the Governor has approv¬
ed and signed the following acts, to wit:
An act to incorporate Spring Place Academy, in the
county of Murray, and to appoint Tfustees for the same.
SENATE*
517
An act to authorize the Justice of the Inferior Court of
the county of Liberty to sell a tract of land known as the
Parade Ground, in said county.
An act to revise the several acts passed by former Legis¬
latures of this State, incorporating the town of Crawfords-
ville, in the county of Taliaferro.
Art act to incorporate an Academy at Centreviliage, in the
•county of Camden, and to provide means for erecting suita¬
ble buildings for the same.
An act to incorporate the Lagrange Collegiate Seminary
for young ladies.
An act to amend an act entitled an act to extend and de¬
fine the corporate limits of the town of West Point, in Troup
county, assented to the 26th of December, 1835, so far as
to make the fifth section thereof constitutional, and to secure
the rights of the present owners of the bridge erected across
the Chattahoochee River, in the said town and for other pur¬
poses.
An act to alter and fix the times for holding the Inferior
Courts of Baker county.
An act to incorporate the Floating Dry Dock Company of
Savannah.
Also, an act to pardon Jonathan Studstill, of the county
of Lowndes.
The Senate took up as the report of the Committee of the
whole, the bill to forbid free negroes, or free persons of color
from living within the limits of this State, undercertain pen¬
alties therein named.
Mr. Long moved to postpone the report indefinitely. Upon
which motion the yeas and nays were required to be re¬
corded, and are yeas 17—-nays 23.
Those who voted in the affirmative, are Messrs.
Byrd, * Thomas Johnston, Murphy,
James E. Brown, Long, Purse,
Joseph E. Brown, McBee, Quarterman,
, Dunham, Andrew J. Miller, Rawls,
Gonder, James A. Miller, Woods.
Hines, Mosely,
Those who voted in the negative, are Messrs.
Anderson,
Bailey,
Augustus Beali,
Elias Beall,
Blackshear,
Bryan,
Chisolm,
Clark,
Clayton,
Eberhart,
Edmondson,
Ferrell,
Micajah Johnston,
William Jones,
John Jones,
Leonard.
McRae,
Napier,
John W. G. Smith,
James R. Smith,
Ira E. Smith,
Stell.
Turner,
So the motion was l^st.
518
journal of the
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
9—nays 27.
Those who voted in the affirmative, are Messrs.
Bailey, Ferrell, Napier,
Augustus Beall, Micajah Johnston, John W. G. Srfiith,
Blackshear, John Jones, Turner,
Those who voted in the negative, are Messrs.
Anderson, Eberhart, James A. Miller.
Elias Beall, Gonder, Mosely,
Byrd, Hines, Murphy,
James E. Brown, Thomas Johnston, Purse,
William Jones,
Leonard,
Long,
McBee,
Andrew J. Miller,
Joseph E. Brown,
Bryan,
Chisoim,
Clark,
Clayton,
Dunham,
So the bill was lost.
On motion,
The Senate adjourned until 7 o'clock this evening.
Quarterman,
Rawls,
James R. Smith.
Spullock,
Woods.
Seven o'clock, P. M.
The Senate met pursuant to adjournment.
The following Jbill? of the House were taken up and read
the second time, and referred to the Committee of the
whole, to wit:
A bill to change the line between the counties of Haber¬
sham and Franklin, so as to add the residence of Henry
Whisinhunt and Hendrix Harp to the county of Franklin.
A bill to regulate the tax on sales at auction.
A bill to add the residence of Thomas S. Hopkins, now
of the county of Wayne, to the county of Glynn, and for
other purposes.
A bill to change the lines between the counties of Ware
and Telfair, and Ware and Appling, for certain purposes
therein specified.
A bill for the relief of the securities of Jacob W. Frost,
formerly tax collector of Muscogee county.
A bill for the relief of Joseph Donaldson, of Cherokee
county.
A bill to authorize and direct the Chief Engineer of the
Western and Atlantic Rail Road to have a turn-out made
on the State Road in Cass county, near Etowah River, at
such place as Messrs. Stovall and Lother shall designate,
upon certain conditions therein named.
SENATE.
519
A bill to extend for five years, the charter of the Central
Bank of Georgia.
A bill to authorize the appropriation of unmarked hogs, in
the county of Paulding.
A bill to fix and make permanent the criminal and civil
jurisdiction of the State over a part of the territory in dis¬
pute between the citizens of Florida and the citizens of
Georgia, and continue the same in force, until the question
of boundary shall have been definitely settled by and be¬
tween the States of Georgia and Florida.
A bill to prevent Sheriffs from holding the office of Con¬
stable.
A bill to incorporate a Company of Cavalry in the county
of Walton, to be known under the name of the Georgia
State Guards. Also, a volunteer Rifle Company in said
county, known as the Walton Rifle Company, and to grant
them certain privileges and exemptions.
A bill to incorporate the Athens Fire Company, No. 1,
and to grant to the same, certain privileges and exemptions, *
and to authorize the Intendant and wardens of said town of
Athens to levy and collect a tax for the establishment and
maintenance of a Fire Department in said town.
A bill relative to Constable's Bonds, and to regulate the
proceedings therein.
A bill to authorize James Brewer and William Brewer to
establish a ferry across the Altamaha river at Oglethorpe
Bluff, and other purposes therein mentioned.
A bill to authorize his Excellency the Governor to have
surveyed and sold, all the unsurveyed lands in the county of
Ware.
A bill to lay out and form a new county from the coun¬
ties of Ware and Lowndes, and to provide for the organiza¬
tion of the same.
A bill to compensate the Clerk of the Inferior Court of
Gilmer county, for services to be rendered by him.
A bill to change and fix the times of holding the Superior
and Inferior.Courts of the county of Cobb, and to authorize
the Judge of said Superior Court to draw two panels of
Grand and Petit Jurors.
A bill to authorize John D. Watkins to construct a Turn¬
pike road on his own land, around Anthony's shoals on
Broad river, to fix the tolls on said road, and for other pur¬
poses therein named.
A bill for the relief of Michael Aderhold and James A,
McWhoiter, of Carroll county.
A bill to make Nancy Waters, the wife of James Waters,
and Candace R. Carter, wife of John Carter of Talbot
county, free dealers.
A bill for the relief of James M. Kelly, late Reportar of
the Supreme Court of the State of Georgia.
520
JOURNAL OF THE
A bill to authorize a grant to issue to Jacob Paulk, of the
county of Irwin, to lot of land No. 10, in the 5lh district of
the county of Irwin.
A bill to regulate and designate the mode and manner in
which the Clerks of the Superior Courts of the several coun¬
ties of this State, and other officers therein named, shall be
paid for their costs on insolvent State cases.
A bill to authorize Osborn Reaves to establish a ferry
across the Oustanaula river in the county of Cass, on frac¬
tions number 322 and 323, lying between the 14th and 15th
districts of the 3d section.
A bill to incorporate the Marietta Manufacturing Com¬
pany of Cobb county.
A bill to authorizo Cornelius D. Terhune to construct a
dam across the Etowah river, on his own land.
A bill to provide an annual sinking fund, for the paj'ment
of the public debt.
A bill to consolidate the offices of Tax Collector and Re¬
ceiver in the county of Lumpkin.
The bill of the House of Representatives in relation to affi¬
davits of illegality of execution, was taken up, read the
second time, and referred to the Committee on the Judiciary.
The bill of the House of Representatives to add lot of
land No. 6, in the 22d district of originally Muscogee, now
Harris county, to the county of Talbot, and also, the lot of
land whereon William Steal now lives in the county of Mari-
-on to the county of Talbot, was taken up, read the second
time, and on motion, referred to a select committee consisting
of Messrs. John W. G. Smith, Leonard and Wm. Jones.
The bill of the House of Representatives to authorize
Jesse B. Haralson and Joel M. Chivers, to construct a toll
bridge across the Chattahoochee river in the county of
Troup, and for other purposes, was taken up, read the
second time, and on motion of Mr. Ferrell, made the special
order of the day for 1st day of June .next.
The following bills of the House of Representatives were
taken up and read the first time, to wit:
A bill to alter and change the line between the counties
of Montgomery and Telfair.
A bill to prevent the falling in timber, or otherwise ob¬
structing the channel , of the Chickamauga river, and for
other purposes therein named.
A bill to repeal an act approved 23d December, 1S35, to
authorize and empower the Surveyor General to record all
platsof surveys made onhead rights before granting the same.
A bill to incorporate the Stockholders of the Cherokee
Rail or Plank Road Company.
A bill to authorize William Ezzard, Administrator on the
estate of A. H. Green, late of DeKalb county, deceased,
and Allison Nelson to establish a ferry or bridge across the
Chattahoochee river.
SENATE.
521
A bill to alter and fix the times of holding the Superior
Courts of the counties of Pulaski, Telfair and Irwin.
A bill to make it a penal offence for any Conductor, Fire¬
man, Engineer, or other officer or agent conducting or man¬
aging any Rail Road Car in this State to allow a slave to
enter and travel on the same in the absence of* the owner,
overseer or employer, without a written permit for that ex¬
press purpose.
A bill to change the line between the counties of Effing-
nam and Chatham, so as to include the residence of GCorge
A. Keller, in the county of Chatham.
A bill to amend an act entitled, an act, concerning Coro¬
ners and Inquests, passed December 22d, 1823.
A bill to change the line between the counties of Newton
and Jasper, so far as to include within the county of New¬
ton, the possessions of James M. Finley and William Garth-
wright.
A bill for the relief of all offenders against the late laws
of this State, prohibiting the introduction of Slaves into the
same for the purpose of sale, and prohibiting the sale, offer
to sell, or the purchase of slaves within a certain period after
their introduction into the State.
A bill amendatory of au act, assented to on the 17th Dec.,
1847, entitled an act to authorize parties to compel discov¬
eries at common law.
A bill for the relief of William Hardeman of the county of
Cherokee.
A bill to add a part of Newton to Jasper, and a part of
Carroll to Paulding.
The Senate took up the amendment by way of substitute
of the House of Representatives to the bill of Senate, to se¬
cure to the Rock Island Factory Company of Muscogee
county, certain privileges, and legalize the building of a dam
or dams across the Chattahoochee river on their own land.
Mr. Stell moved that the Senate disagree to the amendr
ment. On which motion the yeas and nays were required
to be recorded, and are yeas 16, nays 15.
Those who voted in the affirmative, are Messrs".
Bailey, John Jones, Rawls,
Joseph E. Brown, McBee, Spullock,
Chisolm, Mosely, Stell,
Clark,. Murphy, Turner,
Micajah Johnston, Purse, Woods.
William Jones,
Those who voted in the negative, are Messrs.
Augustus Beall, Edmondson, McRae,
Byrd, Ferrell, Andrew J. Miller*
Blackshear, Gonder, James A. Miller,
James E. Brown, Hines, Napier,
Clayton, Leonard, James R. Smith.
So tjie Senate disagreed to the amendrnent of the House.
522
journal of the
On motion,
The Senate adjourned until nine o'clock* to-morrow morn¬
ing.
THURSDAY, February 7th, 1850.
The Senate met pursuant to adjournment.
On motion of Mr. John W. G. Smith, the Senate recon¬
sidered so much of the Journal of yesterday as relates to the
rejection of the bill to forbid free negroes or free persons of
color from living within the limits of this State, under certain
penalties therein named.
Mr. Leonard moved to reconsider so much of the Journal
of yesterday as relates to the disagreement of the Senate to
the amendment, by way of substitute, to the bill to secufre
to the Rock Island Factory Company, of Muscogee county,
certain privileges, and legalize the building of a dam or
dams across the Chattahoochee River, on their own lands.
Upon which motion the yeas and nays were required to be
recorded, and are yeas 21—nays 11.
Those who voted in the affirmative, are Messrs.
Leonard,
McRae,
Andrew J. Miller,
James A. Miller,
Napier,
Quarterman,
Thomas Johnston, John W. G. Smith*
Anderson, Dunham,
Augustus Beall, Eberbart,
Elias Beall, Edmondson,
Byrd, Fen ell,
Blackshear, Gonder,
James E. Brown, Hines,
Clayton,
Those who voted in the negative, are Messrs.
Bailey, William Jones, Rawls,
Joseph E. Brown, John Jones, Ira E. Smith,
Clark, Mosely1, Turner.
Micajah Johnston, Purse,
So the motion prevailed.
The Senate took up the reconsidered amendment by way
of substitute."
Mr. Bailey moved to amend the amendment by adding the
following, to wit:
" And that this act may be by any subsequent Legis¬
lature repealed or amended."
Mr. A. J. Miller moved to lay the amendment of Nlr. Bai¬
ley upon the table for the balance of the session. Upon
which motion the yeas and nays were required to be re¬
corded, and are yeas 18, nays 17.
senate.
523
Those who voted in the affirmative^ are Messrs.
Anderson, Dunham, Leonard,
Augustus Beall, Eberhart, McRae,
Byrd, Ferrell, . Andrew J. Miller,
Blackshear,' Gonder, James A. Miller,
James E. Brown, Hines, Quarterman,
Clayton, Thomas Johnston, James R. Smith.
Those who voted in the negative, are Messrs.
Bailey, William Jones, John W. G. Smith.
Elias Beall, John Jones, Ira E. Smith,
Joseph E. Brown, McBee, Stell,
Clark, Mosely, Turner,
Edmondson, Purse, Woods.
Micajah Johnston, Rawls,
So the motion prevailed.
Mr. Gonder moved the previous question. Upon which
motion, the yeas and nays were required to be recorded, and
are yeas 18, nays 18.
Those who voted in the affirmative, are Messrs.
Anderson, Edmondson, McRae,
Augustus Beall, Ferrell, Andrew J. Miller,
Byrd, " Gonder, James A. Miller,
James E. Brown, Hines, Murphy,
Clayton, Thomas Johnston, Napier,
Eberhart, Leonard, James R. Smith.
Those who voted in the negative, are Messrs.
Bailey, " John Jones, John W. G. Smith,
Blackshear, McBee, Ira E. Smith,
Joseph E. Brown, Mosely, Spullock,
Clark, Purse, Stell,
Micajah Johnston, Quarterman, Turner,
William Jones, Rawls, Woods.
So there not being a majority, the previous question was
not seconded.
On reading the first|section as follows, to-wit s
"Sec. 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Georgia in General Assembly met, and it
is hereby enacted by the authority of the same, That the Rock
Jsland^Factory in the county of Muscogee are hereby author¬
ized to build and keep up a dam from the western bank of
the Chattahoochee River, (at the place where said Rock
Island Factory now have a paper mill,) across the main
channel of said Rock Island, so as to control the water for
the propulsion of the machinery of said Company, which
they have already erected or may hereafter erect for manu¬
facturing purposes."
Mr. Clark moved to amend by striking out the words af¬
ter the word " erected," "or may hereafter erect." Pend¬
ing the discussion thereon,
The following message was received from the House of
Representatives bv Mr. Harrison, their Clerk:
624
JOURNAL OF THE
Mr. President—I am directed to inform the Senate that
the House of Representatives are now ready to receive
them in the Representative Hall, in order to proceed to the
election of four delegates for the State at large, to attend the
proposed Nashville Convention, in pursuance of a concurred
and approved resolution.
On motion of Mr. Chisolm the Senate accordingly repair¬
ed to the Representative Chamber, and after being seated,
agreeably to a joint resolution, the General Assembly, pro¬
ceeded to the election of four delegates to the Nashville Con¬
vention for the State at large, when on motion, the Hon.
Mathew Hall McAllister, the Hon. Charles Dougherty, the
Hon. Charles J. McDonald, and the Hon. William Law,
were elected by acclamation.
On motion, the Senate withdrew to their Chamber and
resumed their unfinished business, to wit:
The motion of Mr. Clark to amend 1st section of substitute
by striking out the words " or may hereafter erect." Upon
which motion the yeas and nays were required to be record¬
ed, and are yeas 19, nays 21.
Those who voted in the affirmative, are Messrs.
Bailey, William Jones, Murphy,
Joseph E. Brown, John Jones, Rawls,
Chisolm, Long, Ira E. Smith,
Clark, Love, Spullock,
Clayton, McBee, Stell,
Dunham, Mosely, Turner.
Micajah Johnston,
Those who voted in the negative, are Messrs.
Anderson,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Eberhart,
So the motion
Andrew J. Miller,
James A. Miller,
Napier,
Quarterman,
John W. G. Smith,
James R. Smith,
Woods.
Edmondson,
Ferrell,
Gonder,
Hines,
Thomas Johnston,
Leonard,
McRae,
was lost.
On the 4th section of the substitute being read as follows,
to wit:
" Sec. 4. And be it further enacted, That the said Rock Is¬
land Company , shall have all the rights, that belong to the
State, to the Rock Island, and the use of the water to propel
the machinery they have now in operation or may put up
from said dam that they now have; provided said Company
pay into the Treasury within the present year, one thousand
dollars, and place all machinery put up at said Rock Island
within the limits of Georgia."
Mr. Stell moved to amend by striking out after the word
"year," one thousand dollars."
On which motion, the yeas and nays were required to be
recorded, and are yeas 18, nays 20.
SENATE.
525
Those who voted in the affirmative, are Messrs.
Bailey,
Joseph E. Brown,
Chisolm,
Clark,
Edmondson,
Micajah Johnston,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Clayton,
William Jones,
John Joftes,
Long,
McBee,
Mosely,
Murphy,
Those who voted in the negative, are Messrs.
Anderson, Eberhart, Andrew J. Miller,
Ferrell,
Gonder,
Hines,
Thomas Johnston,
Leonard,
McRae,
So the motion was lost.
The question then recurred on concurring in the amende
ment by way of substitute of the House of Representatives.
Whereupon the yeas and nays were required to be recorded
and are yeas 23, nays IS.
Those who voted in the affirmative, are Messrs.
Purse,
Rawls,
Spullock,
Stell,
Turner,
Woods.
James A. Miller,
Napier,
Quarterman,
John W. G. Smith,
James R. Smith.
Anderson,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Clayton,
Dunham,
Eberhart,
Edmondson,
F errell,
Gonder,
Hines,
Thomas Johnston,
Leonard,
McRae,
Andrew J. Miller,
James A. Miller,
Napier,
Quarterman,
John W. G. Smith,
James R. Smith,
Woods.
Those who voted in the negative, are Messrs.
Bailey,
Joseph E. Brown,
Chisolm,
Clark,
Micajah Johnston,
William Jones,
John Jones,
Long,
Love,
McBee,
Mosely",
Murphy,
Purse,
Rawls, i
Ira E. Smith,
Spullock,
Stell,
Turner.
So the Senate concurred in the amendment of House of
Representatives by way of substitute.
Mr. A. J. Miller made the following report:
" The Committee on Banks to whom was referred the bill
of the House in relation to agencies in this State, of Banks
of other States, have had the same under consideration and
reeommend the passage of the same, with the amendments
reported by~the Committee."
On motion of Mr. James E. Brown, the Senate took up the
bill of the House "to incorporate a Banking Company at
the town of Fort Gaines in the county of Early, under the
name and style of the South-Western Bank of Georgia,"
which on his motion, was referred to the Committee on
Banks.
Mr- Love from the Select Committee to had been.
526
JOURNAL OP THE
referred the memorial of Howell Cobb of Houston county,
relative to his proposed publication of the Criminal Statutes
of Georgia, made a report thereon, which on motion was re¬
ferred to the Committee on the Judiciary.
Mr. Stell from the Committee on Enrolment reported as
duly enrolled and ready for the signature of the President of
the Senate, an act to alter and amend the third section of the
first article of the Constitution of this State.
Also, an act to incorporate the Cherokee Insurance and
Banking Company.
Also, an act to authorize Notary Publics to administer
oaths, &c.
Mr. Stell, from the Committee on Enrolment reports as
duly enrolled and signed by the Speaker of the House of
Representatives, and ready for the signature of the President
of the Senate, an act for the relief of Edward A. Flewellen.
Also, an act to make valid all commissions which have
heretofore been, or may hereafter be issued in blank, for the
purpose of taking testimony in any case arising or which
may have arisen in the Courtsof law and equity of this State.
Also, an act to authorize his Excellency the Governor to
dispose of certain lands belong to the State of Georgia.
Also, an act for the relief of James King of the county of
Cherokee, and to appropriate certain monies for the benefit
of certain persons therein named.
On motion of Mr. McRae, the Senate took up as the re¬
port of the Committee of the whole, the bill " to alter and
amend the twelfth section of the first article of the Consti¬
tution of this"State. The report was agreed to, the bill was
read the third time and on the question "shall this bill now
pass?" the yeas and nays were required to be recorded,
and are yeas 23, nays 17.
Those who voted in the affirmative, are Messrs.
Bailey, Ferrell, Love,
Augustus Beall, Gonder, McRae,
Elias Beall, Hines, Mosely,
Byrd, Micajah Johnston, Napier,}
Blackshear, William Jones, Quarterman,
James E. Brown, John Jones, John W. G. Smith,
Dunham, Leonard, James R. Smith.
Edmondson, Long,
Those who voted in the negative, are Messrs.
Anderson, Thomas Johnston, Ira E. Smith,
Joseph E. Brown, McBee, Spullock,
Chisolm, Andrew J. Miller, Stell,
Clark, Murphy, Turner,
Clayton, Purse, Woods.
Eberhart, Rawls,
There not being a constitutional majority the bill was lost.
On motion of Mr. Leonard, the Senate took up as the re¬
port of the Committee of the whole, the bill of the House of
SENATE.
527
Representatives, " to prohibit encroachments upon the sov¬
ereign rights of the State of Georgia, by foreign banking in-r
stitutions and their agents, within the limits of this State,
and for other purposes therein specified."
Mr. Bailey moved to amend the caption by striking out
all before the words "and for other purposes therein specie
fied," and inserting in lieu thereof the following, to wit:
" To regulate bank agencies located in this State, of the
banks from other States." Upon which motion the yeas and
nays were required to be recorded, and are yeas 36, nays 2.
i Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, Andrew J. Miller,
Bailey, Edmondson, Mosely,
Augustus Beall, Ferrell, Murphy,
Elias Beall, Gonder, Napier,
Byrd, Hines, Quarterman,
Blackshear, Micajah Johnston, Rawls,
James E. Brown, Thomas Johnston, John W. G. Smith,
Joseph E. Brown, William Jones, James R. Smith,
Chisolm, John Jones, Ira E. Smith,
Clark, Leonard, Spullock,
Clayton, Love, Turner,
Dunham, McBee, Woods.
Those who voted in the negative, are Messrs.
Long, •, Purse.
So the motion prevailed
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have passed
the following bills, to-wit:
A bill to authorize executors and administrators or guar¬
dians to sell at public outcry, with the consent of the Courts
of Ordinary, all insolvent or doubtful notes, bonds, or other
obligations belonging to the estate of their testator or intes¬
tate or ward.
A bill to incorporate a Volunteer Company of Infantry at
Dahlonega in the county of Lumpkin to be known by the
name and style of the Dahlonega Blues.
A bill to authorize the Sheriffs and Clerks of the Supe¬
rior, Inferior and Courts of Ordinary of the several counties
in this State to advertise the proceedings of their respective
counties in any newspaper in this State.
A bill to change the time of holding the Court of Ordinary
so far as relates to the county of Bulloch.
A bill to compensate Petit Jurors of Lee county, and to
authorize the Inferior Court to levy a tax for said purpose.
A bill to incorporate the Eatonton Branch Rail Road.
A bill to authorize Daniel Sikes of the county of Tattnall
to practice medicine in said county, charging compensation
therefor without a license as now by law provided.
528
journal of the
A bill to incorporate the Bowenville Manufacturing Com¬
pany of Carfoll county Georgia.
A bill to authorize John C. Rodgers, Ezekiel H. Adams,
and Edward Brooks, of Macon county, to establish a Ferry
across Flint River, on their own lands, to be located on frac¬
tions 66 in the first, and 23 in the fifteenth district of said
county.
A bill to regulate the returns of executors, administrators,
and guardians.
A bill to authorize the Clerks of the Superior Court to ad¬
minister oaths, in certain cases and for other purposes.
A bill to permit certain citizens of the county of Sumter
o exercise the rights of citizenship in the county of Marion.
A bill for the relief of John Strickland of Macon county.
A bill to compel the Magistrates or Justices of the Peace
in the county of Lowndes, to furnish the Receiver of Tax Re¬
turns for said county, with a list of all persons in their re¬
spective districts, subject to pay taxes, by the first day of
April.
A bill to incorporate Union Academy of the county of Ma¬
con, and appoint trustees for the same. And
A bill to authorize executors and administrators to make
titles to land in certain cases.
They have also passed the bill of Senate to incorporate
the Southern Central Baptist University of Georgia at Dal-
ton. And
The bill to lay out and organize a new county from the
counties of Floyd and Cass and attach the same to a Sena¬
torial District
Mr. Leonard moved to postpone the report indefinitely.
Pending the discussion thereon,
The Senate adjourned until 3 o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment, and proceeded
with the unfinished business of the morning, to wit:
The motion of Mr. Leonard to postpone the report of the
Committee of the whole, upon the bill of the House, " to pro¬
hibit encroachments upon the sovereign rights of the State of
Georgia, by foreign banking institutions and their agents
within the limits of this State, and for other purposes there¬
in specified." On which motion the yeas apd nays were
required to be recorded, and are yeas 16; nays 9.
Those who voted in the affirmative, are Messrs.
Byrd, Hines, Mosely,
Blackshear, Micajah Johnston, Napier, .
Joseph E. Brown, Leonard, John W. G. Smith,
Chisolm, McBee, Stell,
Clark, Aridrew J. Miller, Woods.
Ferrell
-SENATE.
529
Those who voted in,the negative, are Messrs,.
Augustus Beall, Thomas Johnston, Purse,
James E. Brown, Long, Quarterman,
Eberhart, James A. Miller, Turner.
So the motion prevailed.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The H. of R. have concurred in the reso¬
lution of Senate, appointing three members on their part, to
join three to be appointed on the part of the House, to ex¬
amine the amount of business, and report the earliest day
for adjournment, and have appointed on their part Messrs.
Nisbet, Harris and Howard.
Mr.. Woods made the following report, to wit:
The Joint Committee who were charged with the duty of
looking into the state of the business, with the view of fix¬
ing a day of adjournment, beg leave to report that they have
discharged that duty, and recommend that the General As¬
sembly do adjourn sine die, on Saturday the 16th inst.
The Senate took up as the report of the Committee of the
whole, the bill for the protection of bona fide purchasers of
negroes and other moveable property; which on motion, was
referred to the Committee on the Judiciary.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to repeal
all laws heretofore passed incorporating the town of Cass-
ville, in this State, which on motion of Mr. Chisolm was
postponed indefinitely.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to add lot
of land No. 6, in the 22d district of originally Muscogee,
now Harris, to the county of Talbot, and also the lot of land
whereon William Stead now lives in the county of Marion,
to the county of Talbot.
Mr. Byrd moved to amend by adding the following as an
additional section, to wit:
And be it further enacted, That the premises of A. M.
Newton, A. C. Slone and James Parks of Lumpkin, be add¬
ed to and become a part of the county of Forsyth; which was
agreed to. The report as amended was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to authorize certain persons
therein named to peddle without taking out license.
Mr. Anderson moved to postpone the report indefinitely,
which motion was lost.
Mr. Ferrell moved as a substitute for the bill, the follow¬
ing, to wit: , '
A bill to be entitled an act to authorize the Justices of the
34
530
JOURNAL OF THE
Inferior Courts of the several counties of this State to grant
licenses to certain persons therein deseribed to peddle in
their respective counties. The substitute was received.—
The report as amended was agreed to, the bill was read
the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to amend
the first section of an act passed on the 7th day of De¬
cember, 1824, authorizing the Superior Courts of this State
to appoint persons to assign and set off dower, and to pre¬
scribe the mode of proceeding therein.
Mr. A. J. Miller moved to amend by adding the follow¬
ing as an additional section, to wit:
And be it further enacted, That in all cases where commis¬
sioners are appoiuted to assign dower to any widow, and
there shall be two or more tracts of land of her deceased
husband in the same county, they shall be and are hereby
authorized, if in their judgment it will promote the interest
of all parties concerned, to assign and layoff to such widow
her dower in one of said tracts, instead of each, allowing to
i her such portion thereof as will be a just and fair equivalent
for her dower in all of said tracts, the widow having the
right to select the tract from which her dower may be laid off.
And be it further enacted, That such Commissioners,
whether there be one or more tracts of land, shall, if they
deem it of advantage to all parties concerned, with the con¬
sent of the widow and the legal representative of her de¬
ceased husband, ascertain and award to her a sum of money
to be paid to her by such legal representative, as an equiva¬
lent for and in lieu of dower in any or all of said tracts of
land in the county, which sum shall be paid to her when
the report of said Commissioners is made the judgment of
the Court; which was agreed to. The report as amended
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to incorpo¬
rate the Columbus and Greenville Plank and Turnpike
Road Company, the Columbus and Lumpkin Plank and
Turnpike Road Company, and the Sparta Plank and Turn¬
pike Road Company, and for other purposes therein named.
• On the 15th section being read as follows, to wit:
And be it further enacted, That one-half of the stock shall
be taken within one year, the road commenced in eighteen
months and completed in three years from the passage of
this act, or the above "act of incorporation shall be forfeited
. Mr. Gonder moved to amend by striking out the word
" three," and inserting in lieu thereof the word " seven,"
which was agreed to. The report as amended, was agreed
to, the bill was read the third time and passed.
* Mr» (Stell from the Committee on Enrolment, reports as
SENATE.
531
duly enrolled and signed by the Speaker of the House of Re¬
presentatives, and ready for the signature of the President
of the Senate, an act to authorize the granting injuctions in
certain cases.
Also, an act to alter, amend and explain the first section
of an act passed for the relief of co-securities, absented to
the 22d of December, 1840, and to authorize Constables to
levy certain executions.
Also, an act to authorize the Governor of the State of
Georgia to call a Convention of the people of this State, and
to appropriate money for the same.
Also, an act for the compensation of Benjamin H. Came¬
ron of Troup county, for loss incurred by him on account of
deficiency of the number of acres in fraction number 145, in
the 5th district of said county, sold by the State of Georgia
in 1S28, as containing one hundred and thirty acres, when
in truth it only contained one hundred acres.
Also, an act to exempt members of the Upson Light Dra¬
goons from patrol duty, and to exempt certain Volunteers
from militia duty.
Also, an act to prevent lumber measurers from being
clerks or agents of lumber buyers or lumbef mills, and to
define the mode of measuring stocks of hewn or ranging
timber.
Also, an act to amend an act, to revive and amend the
act entitled an act to incorporate the Milledgeville Rail
Road Company.
Also, an act to authorize the subscription by the State to
the Capital stock of the Milledgeville and Gordon Rail Road.
The Senate took up as the report of the Committee of the
whole, the bill of the House to amend the Garnishment
laws.
On the second section being read as follows, to wit:
And be it further enacted by the authority aforesaid, That all
Banks, Banking Companies, and other corporations in this
State, shall be liable to be garnisheed for the salaries of its
officers in all cases where such salary exceeds the sum of
five hundred dollars per annum.
Mr. A. J. Miller moved to amend by inserting after the
words "this State," the^words " except municipal corpora¬
tion." Upon which motion the yeas and nays were required
to be recorded, and are yeas 22, nays 9.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, Murphy,
Bailey, Ferrell, Purse,
Augustus Beall, Thomas Johnston, Quarterman.
Byrd, Leonard, John W. G. Smith,
Blackshear, ' Andrew J. Miller, James R. Smith.
Jaines E. Brown, James A. Miller, Spullock, *
Clayton, Mosely, Turner.
Dunham.
532
JOURNAL OF THE
Those who voted in the negative, are Messrs.
Elias Beall, Clark, McBee,
Joseph E. Brown, Micajah Johnston, Rawls,
Chisolm, John Jones, Woods.
So the motion prevailed.
Mr. A. J. Miller moved to postpone the report indefiriately,
■Which motion was lost. The report, as amended, was agreed
to, the bill was read the third time' and passed.
The Senate took up as the report of tne Committee of the
whole, the bill of the House of Representatives, to prevent
the running of freight trains upon all Rail Roads in this State
on the Sabbath day. The report was agreed to, and on
the question "shall this bill now pass?" the yeas and
nays were required to be recorded, and are yeas 31, nays 2,
Those who voted in the affirmative, are Messrs.
Anderson," Ferrell, James A. Miller,
Augustus Beall, Gonder, Murphy,
Elias Beall, Hines, Purse,
Byrd, . Micajah Johnston, Quarterman,
Blackshear, Thomas Johnston, Rawls,
James E. Brown, John Jones, John W. G. Smith,
Joseph E. Brown, Leonard, James R. Smith,
Clark, McBee, Spulloek,
Clayton, McRae, Turner,
Dunham, - Andrew J. Miller, Woods.
Eberhart,
Those who voted in the negative are Messrs.
Bailey, Chisolm.
So the bill was passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to amend
the laws of this State, so far as relates to the advertising of
estates by administrators, executors and guardians where
they do not exceed one thousand dollars.
On motion, the bill was postponed indefinitely.
The Senate took up as the report of the Committee of the
whole, the bill of the flouse of Representatives amendatory
of an act to revive and keep in force, an act entitled an act
to regulate the licensing of Physicians to practice in this
State, assented to 24th Dec., 1825, which, on motion of Mr.
McBee, was postponed indefinitely.
The Senate took up as the report of th^ Committee of the
whole, the bill of the House of Representatives to amend an
act entitled an act to alter and amend an act passed 22d De¬
cember, 1840, and for other purposes. The report was
agreed to; the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, for the re-
SENATE.
533
lief of the heirs of Isaac &. Wood, deceased, which on mo¬
tion, was referred to the Committee on Finance.
The Senate took up as the report of the Committee of the
.whole, the bill of the House to direct the manner in which
executions against incorporate Joint Stock Companies shall
be enforced; which on motion, was referred to the Cummittee
on the Judiciary.
The Senate took up as the report of the Committee of the
whole the bill of the House, to authorize the several Clerks
of the Superior and Inferior Courts, and of the Courts of
Ordinary of the several counties of this State to act as Jus
tices of the Peace, so far as to empower them to administer
oaths in cases of bail, attachment, garnishment, claims and
all other oaths appertaining or relative to any writ, suit or
other action > or proceeding in their respective Courts, and
to compensate them for the same; which on motion, was
postponed indefinitely.
The Senate took up as the report of the Committee of the
whole, the bill of the House to authorize the Treasurer to
refund the purchase money with interest, to purchasers of
fractions that had been previously drawn for and afterwards
sold by mistake, also the grant fee when paid. The report
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to establish, change and abolish
election precincts in certain counties therein specified, and
to define the place of holding Justices Courts in certain dis¬
tricts therein designated.
Mr. Napier moved to amend by striking out of the 9th sec¬
tion, the following words, to wit: "And that the election pre¬
cinct in Hazzard district, Bibb county, be removed from the
present place, to the house of Robert Johnston, which was
agreed to. The report as amehded was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to alter and amend an act to ex¬
plain an act to regulate Escheats in this State, and to appoint
Escheators, passed the thirteenth day of December, in the
year eighteen hundred and sixteen, so far as to allow bas¬
tards or natural born children to inherit from their mothers
under circumstances therein specified. The report was
agreed to, the bill was read the third time and passed.
The Senate took, up as the report of the Committee of tlie
whole, the bill of the House to protect the character of fe¬
males against slander.
Mr. Bailey moved to postpone the same indefinitely,—
which was agreed to.
The Senate to&k up as the report of the Committee of the
whole, the bill of the House to incorporate the Lumpkin
Guards and to extend to them certain privileges. ,
534
JOURNAL OF THE
Mr. Ferrell moved to amend by striking out "exemption
from Jury duty," which was agreed to. The report as
amended was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to authorize the inhabitants of
Walker county, in certain neighborhoods to fence certain
land, and to punish those who may break or disturb such
enclosure. The report was agreed to, the bill was read the
third time and passed.
The Senate teok up as the report of the Committee of the
whole, the bill of the House to authorize a grant to issue to
John S. Thomas, for fraction number, one hundred and
seventy-seven, in the first district of Dooly county. The re¬
port was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee .of the
whole, the bill of the House of Representatives, to provide
for the removal of the .present county site of Marion in the
county of Twiggs, and to define the duties of the Justices of
the Inferior Court of Twiggs county in relation to the same.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to authorize
the stockholders of the Milledgeviile Bank to increase their
capital to the amount of $500,000. The report was agreed
to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to repeal an act entitled an act
to amend the Militia laws of this State, so far as it relates to
the 1st regiment Georgia Militia, assented to 21st Dec., 1835,
and also to restrict the Majors commanding the 3d and
4th' battalions composing the 35th regiment of Georgia mili¬
tia to one parade each in the year, and to authorize the
said 35th regiment to have and to hold a military encamp¬
ment for two successive days in each year. The report
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to authorize Jeptha B. Stephens
of the county of Gilmer, to practice medicine under the Bo¬
tanic system.
Mr. James E. Brown moved to amend by adding the fol¬
lowing proviso, to wit:
Provided that said Stephens shall not avail himself of the
privileges of this bill until he shall have been examined by
three regular Botanical Physicians, and found qualified,—
which motion was lost. The report was agreed to, the bill
was read the third time, and on the question. " shall this
SENATE.
535
bill now pass?" the yeas and nays were required to be re¬
corded, and are yeas 14, nays 16.
Those who voted in the affirmative, are Messrs.
Blackshear, Micajah Johnston, Quarterman.
Joseph E. Brown, Thomas Johnston, Rawls,
Chisolm, John Jones, Spullock,
Clark, McBee, Turner.
Edmondson, Murphy,
Those who voted in .the negative, are Messrs.
Anderson, Eberhart, Purse,
Augustus Beal], Ferrell, JohnW. G. Smith,
Elias Beall, • Hines, James R. Smith,
Byrd, Leonard, Ira E. Smith,
James E. Brown, Mosely, Stell.
Clayton,
So the bill was lost.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to repeal so
far as relates to the county of Chatham, an act in relation to
laying out public roads, &c. The report was agreed to, the
bill was read the third time and passed.
The Senate took up as the report of the Gommittee of the
whole, the bill of the House to repeal an act entitled an act
to alter the Militia laws of this State so far as relates to the
23d and 27th Regiments in the county of Franklin, assented
to Dec. 24, 1840. The report was agreed tothe bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, for the relief of Henry McCor-
mick Ward.
Mr. Jos. E. Brown moved to amend, by changing tho
name to that of " Harvey McCormack Ward ; which was
agreed to. The report as amended, was agreed to; the
bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, for the relief of John Dis-
mukes, of Meriwether county ; and also of Rebecca Wade.
The report was agreed to; the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to change and define the mode-
of electing field and company officers under the militia
laws of this State. The report agreed to, the bill was read
the third time and passed. {
The Senate took up as the report of the Committee of the
whole, the bill of the House, for the relief of William
Wayne, of the county of Cherokee. The report was agreed
to, the bill was read the third time and passed.
536
journal of the
The Senate took'up as the report of the Committee of the
whole, the bill of the- House of Representatives, to com¬
plete and furnish the Georgia Asylum for the Deaf and
Dumb; to appropriate a sum of money for the same, and for
other purposes.- The report was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, for the relief
of William Dearing, of DeKalb county, which on motion,
was referred to the Committee on Finance.
On motion,
The Senate adjourned until 7 o'clock this evening.
Seven o'clock, P. M.
The Senate met pursuant to adjournment.
The following bills of the House were taken up, read the
second time, and referred to the Committee of the whole, to
wit:
A bill to repeal an act approved on the 23d December,
1835, to authorize and empower the Surveyor General to
record all plats of surveys made on head rights, before
granting the same.
A bill to amend an act entitled an act concerning Coron¬
ers and inquests, passed December 22d, 1823.
A bill to change the line between the counties of Effing¬
ham and Chatham, so as to include the residence of George
A. Keller, in the county of Chatham.
A bill for the relief of William Hardeman, of the county of
Cherokee.
A bill to alter and fix the times of holding the Superior
Courts of the counties of Pulaski, Telfair and Irwin.
A bill amendatory of an act assented to 17th December,
1847, entitled an act to authorize parties to compel discove¬
ries at common law.
A bill for the relief of all offenders against the late laws
of this State, prohibiting the introduction of slaves into the
same for the purpose of sale, and prohibiting the sale, offer
to sell or the purchase of slaves, within a certain period af¬
ter their introduction into this State.
A bill to prevent the falling in timber or otherwise ob¬
structing the Chickamauga River, and for other purposes
therein named.
A bill to alter and change the line between the counties
of Montgomery and Telfair.
A bill to incorporate the Stockholders of the Cherokee
Rail or Plank Road Company.
A bill to add a part of Newton to Jasper, and a part of
Carroll to Paulding.
SENATE.
537
A bill to make it a penal offence ior any conductor, fire¬
man, engineer or other officer or agent conducting or man¬
aging any Rail Road Car in this State, to allow a slave to
enter and travel on the same, in the absence of the owner,
overseer or employer, without a written perfnit for that ex¬
press purpose, &c.
A bill to change the line between the counties of Newton
and Jasper, so far as to include within the county of New¬
ton, the possessions of James M. Finley and William Garth-
wright.
A bill to authorize William Ezzard, administrator on the
estate of A. H. Green, late of DeKalb county, deceased,
and Allison Nelson, to establish a Ferry or Bridge across
the Chattahoochee River.
The following bills of the House of Representatives were
severally taken up and read the first time, to wit:
A bill to compensate Petit Jurors of Lee county, and to
authorize the Inferior Court to levy a tax for said purpose.
A bill to alter and amend an act entitled an act to autho¬
rize and empower executors and administrators to make ti¬
tles to land in certain cases, approved February 15, 1799.
A bill to incorporate Union Academy, of the county of
Macon, and appoint trustees for the same.
A bill to permit certain citizens of Sumter county to ex¬
ercise the rights of citizenship, in the county of Marion.
A bill to authorize the Sheriffs and Clerks of the Superior,
Inferior and Courts of Ordinary of the several counties in
this State to advertize the proceedings of their respective
Courts, in any newspaper in this State.
A bill to authorize the Clerks of the Superior Courts tp
administer oaths in certain cases, and for other purposes.
A bill to change the time of holding the Courts of Or¬
dinary, so fat as relates to the county of Bulloch.
A bill to incorporate a Volunteer Company of Infantry at
Dahlonega, in the county of Lumpkin, to be known by the
name and style of the Dahlonega Blues.
A bill to regulate the returns of Executors, Administra¬
tors and Guardians.
A bill to compel the Magistrates or Justices of the Peace
in the county of Lowndes, to furnish the Receiver of tax re¬
turns, for said county, with a list of all persons in their re¬
spective districts subject to pay taxes, by the first day o f
April.
A bill to incorporate the Bowersville Manufacturing Com¬
pany, of Carroll county, Georgia.
A bill to incorporate the Eatonton Branch Rail Road.
A bill for the relief of John Strictland, of Macon county.,.
A bill to authorize Ezekiel H. Adams and Edward
Brooks, of Macon county, to establish a Ferry across Flint
River, on their own land, to be located on Fraction sixty-
538
JOURNAL OF THE
six, in the first, and two hundred and thirty-six in the fif¬
teenth district of said county.
A bill to authorize Executors and Administrators or Guar¬
dians to sell at public outcry, with the consent of the Court
of Ordinary, all insolvent or doubtful notes, bonds and
other obligations belonging to the estate of testator or intes¬
tate, or ward.
A bill to authorize Daniel Sikes, of the county of Tattnall,
to practice medicine in the said county, charging compensa¬
tion therefor, without a license, as now by law provided.
Mr. A. J. Miller made the following report, to wit:
The Committee on Banks have had under consideration
the bill to incorporate the " South Western Bank of Geor¬
gia," and report in favor of the same, with the amendments
submitted by the Committee.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to change and fix the times of
holding the Superior and Inferior Courts of the county of
Cobb, and to authorize the Judge of said Superior Court
to draw two panels of Grand and Petit J urors; which on
motion of Mr. Joseph E. Brown, was postponed indefinitely.
The Senate took up as the report of the Committee of
the whole, the bill of -the House, to compensate the Clerk
of the Inferior Court of Gilmer county, for services to be
rendered by him. The report was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to authorize John D. Watkins
to ^construct a Turnpike Road on his own land, around
Anthony's Shoals, on Broad River, to fix the tolls on said
Road, and for other purposes therein named. The report
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, for the relief of Michael Ader-
hold and James A. McWhorter, of Carroll county. The
report was agreed to, the bill was read the third time, and
on the question shall this bill now pass ? the yeas and nays
were required to be recorded, and are yeas J 7—nays 9.
Those who voted in the affirmative, are Messrs.
Bailey, John Jones, John W. G. Smith,
Blackshear, Leonard, James R. Smith.
Joseph E. Browti, Mosely, Spullock,
Chisolm, Napier, Stell.
Clark, Purse, Woods.
Edmondson, Quarterman,
Those who voted in the negative, are Messrs.
Byrd, Ferrell, Micajah Johnston,
Clayton, Gonder, Thomas Johnston,
Eberhart, Hines, Andrew J. Miller,
So the bill was passed.
SENATE.
539
Mr. Stell, from the Committee on Enrolment, reported as
duly enrolled and ready for the signature of the President of
the Senate, an act to lay out and organize a new county
from the counties of Floyd and Cass, and attach the same
to a Senatorial district.
The Senate took up as the report of the Committee of the
whole, the bill to make Nancy Waters, the wife of James
Waters, and Candace R. Carter, the wife of John Carter,
of Talbot county, free dealers.
Mr. Chisolm moved to amend, by adding the following
as an additional section, to wit:
And be it further enacted by the authority aforesaid, That
Nancy Weston, a Feme Covert of Cass county, be, and she
is hereby entitled to all the rights and privileges conferred
by this act on Nancy Waters, which was agreed to. The
report as amended was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives, to incorpo¬
rate a Banking Company at the town of Fort Gaines, in the
county of Early, under the name and style of the South
Western Bank of Georgia, which on motion, was laid on the
table for the present.
The Senate took up as the report of the Committee of the
whole the bill of the House of Representatives to authorize
a grant to issue to Jacob Paulk of the county of Irwin to lot
of land No. 10, in the Fifth district of the county of Irwin.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to incorporate the Athens Fire
Company No. 1, and to grant to the same certain privileges
and exemptions, and to authorize the Intendant and War¬
dens of the said town of Athens, to levy and collect a tax
for the establishment and maintenance of a Fire Depart¬
ment in said town The report was agreed to, the bill was
read the time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to authorize the Chief Engineer
of the Western and Atlantic Rail Road to have a turnout
made on the State road in Cass county, near Etowah river,
at such place as Messrs Stovall and Lother shall designate,
upon certain conditions therein named. The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives to consoli¬
date the office of Tax Collector and Receiver in the county
of Lumpkin. The report was agreed to, the bill was read
the third time and passed.
. On motion,
The Senate adjourned, until 9 o'clock to-morrow morning.
540
journal of the
FRIDAY, February 8, 1850.
The Senate met pursuant to adjournment.
On motion" of Mr. J. R. Smith, the Senate reconsidered
so much of the Journal of yesterdajr as relates to the refer¬
ence of the memorial of Howell Cobb, (in relation to his
publication of the criminal laws of Georgia,) to the Judiciary
Committee. /
Mr. Edmondson moved to reconsider so much of the
Journal of yesterday as relates to the rejection of the bill of
the House to authorize Jeptha B. Stephens, of the county of
Gilmer, to practice medicine under the Botanic system.
On which motion the yeas and nays were required to be
recorded, and are yeas 19; nays 18.
Those who voted in the affirmative, are Messrs.
Augustus Beall,
Byrd,
Joseph E. Brown,
Chisolm,
Clark,
Edmondson,
F errell,
William Jones,
Leonard,
McBee}
McRae,
Murphy,
Napier,
Rawls,
John W. G. Smith,
Spullock,
Stell,
Turner,
Woods.
Those who voted in the negative, are Messrs.
Anderson, Dunham, Andrew J. Miller,
Eberhart,
Gonder,
Hines,
Micajah Johnston,
Thomas Johnston,
Bailey,
Elias Beall,
Blackshear,
James E. Brown,
Clayton,
James A. Miller,
Purse,
Quarterman.
James R. Smith,
Ira E. Smith.
So the motion prevailed.
On motion of Mr. Woods, the Senate took up as the report
took up as the report of the Committee of the whole, the re¬
considered bill " to elect the Principal Keeper of the Peni¬
tentiary and Chief Engineer of the Western and Atlantic
Rail Road, -by the Legislature, and fix the salaries of the
same."
Mr. Spullock moved to amend the substitute heretofore
offered, by adding the following as an additional section,
to-wit:
" Beit further enacted, That the present Engineer of the
Western and Atlantic Rail Road be authorized to settle
with individuals, the right of way for damages which they
may sustain by the said Rail Road running through their
lands out of the proceeds of the said Road, according to the
present law regulating suc^ cases, and also, that the Board
of Directors to be created under this bill be authorized to
settle the damages for right of way in like manner, and that
this section shall go into operation immediately after the pas-
SENATE
541
sage of this act," which was agreed to." The substitute as
amended was received. The report as amended was
agreed to, the bill was read the third time and passed.
The Senate took up as thereport of the Committee of the
whole, the bill to incorporate the Elijay Turnpike Company,
and to grant certain privileges to the same." The report
was agreed to; the bill was read the third time and passed.
On motion, the Senate took up as the report of the Com¬
mittee of the whole, the bill of the Hpuse, to incorporate a
Banking Company at the town of Fort Gaines, in the county
of Early, under the name and style of the "South Western
Band of Georgia,"
Mr. Clark moved to make the report the special order of
the day for Thursday next. Upon which motion the yeas
and nays were required to be recorded, and are yeas 19—
nays 15.
Those who voted in the affirmative, are Messrs.
Bailey, John Jones, John W. G. Smith,
Byrd, Bong, Ira E. Smith,
Joseph E. Brown, McBee, Spullock,
Clark, Murphy, Stell,
Dunham, Napier, Turner.
Micajah Johnston, Rawls, Woods.
William Jones,
Those who voted in the negative, are Messrs.
Augustus Beall, Eberhart, Leonard,
Elias Beall, Ferrell, McRae,
Blackshear, Gonder, Andrew J. Miller,
James E. Brown, Hines, Quarterman,
Clayton, Thomas Johnston, James R. Smith,
So the motion prevailed.
The Senate took up as the report of the Committee of the
whole, bill to authorize a grant to issue for lot number 60, in
the 7th district of Gwinnett county, upon certain conditions^,
and for other purposes. The report was agreed to, the bill
was read the third time and passed.
On motion of Mr. James E. Brown, the Senate took up as
the report of the Committee of the whole, the bill of the
House, " to alter the lines between the counties of Lee and
Randolph, so as to include certain lots therein specified, in
the county of Randolph, and to include the lot of land on
which John Blackshear resides, in the county of Stewart."
Mr. James E. Brown moved to amend the first section by
inserting before the word "Early," the word "originally,"
and after the word "Early," the words "now Baker,"
which was agreed to.
Mr. Clark moved to lay the report upon the table for .the
balance of the session. Upon which motion, the yeas and
nays were required to be recorded, and are yeas 19, nays
16.
542
JOURNAL OP THE
Those who voted in the affirmative, are Messrs.
Bailey, William Jones, Rawls,
Joseph E. Brown, John Jones, John W. G. Smith,
Chisolm, Long, Spullock,
Clark, McBee, Stell,
Dunham, Murphy, Turner,
Edmondson, Purse, Woods.
Micajah Johnston,
Those who voted in the negative, are Messrs.
Augustus Beall, Eberhart, Leonard,
Elias Beall, Ferrell, McRae,
Lyrd, Gonder, Andrew J. Miller,
Blackshear, Hines, Quarterman,
James E. Brown, Thomas Johnston, James R. Smith.
Clayton,
So the motion prevailed.
The Senate took up as the report of the Committee of the
k whole, the bill of the House " to prohibit Sheriffs and
their Deputies from becoming directly or indirectly purcha¬
sers of property at Sheriff's sales, to make titles taken or
held by them for property so purchased, and to make penal
the violation of this act."
Mr. Murphy moved to amend the caption by inserting af¬
ter the word "sales," the words "without giving notice
thereof at the time," which was agreed to.
On the following part of the first section being read, to-
wit:
" Be it enacted by the Senate and House of Representatives of
the State of Georgia, in General Assembly met, and it is hereby
enacted by the authority of the same, That from and after the
passage of this act, no Sheriff or Deputy Sheriff shall be per¬
mitted to purchase any property whatever, sold by himself,
nor any Sheriff, property sold by his Deputy, nor any Depu¬
ty Sheriff, property sold by his principal or other Deputy of
said principal, either directly upon his own bid, or indirect¬
ly upon the bid of any other person."
Mr. Murphey moved to amend by adding after the words
" any other persou," the following, to-wjt: " Without pro¬
claiming aloud to the bystanders, at the time the bid is made,
that he is interested, or that it is his bid," which was agreed
to.
Mr. A. J. Miller moved to amend by adding the following
as an additional section, to-wit:
" And be it further enacted, That in case of any purchase
of property by a Sheriff or his Deputy, directly or indirect¬
ly, with notice, the defendant in execution, or any creditor of
his, shall have the right to demand and receive a title for
the same from the Sheriff) or the person to whom he convey¬
ed, upon paying the amount bid, with interest thereon with¬
in six months after such sale,' which was agreed to.
SENATE.
543
And on motion of Mr. Chisolm, the bill with amendments
was referred to a select committee, consisting of Messrs.
Chisolm, Bailey, Murphy, A. J. Miller and Ferrell.
On motion of Mr. Edmondson, the Senate took up as the
report of the Committee of the whole, the reconsidered bill
of the House, " to authorize Jeptha B. Stephens, of the
county of Gilmer, to practice medicine under the Botanic
system."
Mr. Edmondson moved to amend the first section by ad¬
ding the words " in the county of Gilmer," which was
agreed to.
Mr. J. R. Smith moved to amend by adding the following
as an additional section, to-wit:
" And be it further enacted, That all laws requiring physi¬
cians, surgeons, and lawyers to undergo an examination, as
to their qualifications to practice in their profession, be and
the same are hereby repealed.
Mr. Joseph E. Brown moved to amend the amendment by
adding the following proviso, to-wit:
Provided, that any lawyer or physician who shall charge
any fees for professional services, shall, on conviction be
sentenced to the Penitentiary for the term of two years."
Mr. Turner moved to lay both the amendments upon the
table for the balance of the session, which motion was
agreed to.
Mr. Purse moved that the report lay upon the table for the
balance of the session. Upon which motion the yeas and
nays were required to be recorded, and are yeas 15, nays 21.
Those who voted in the affirmative, are Messrs.
Anderson, Dunham, Napier,
Elias Beall, Eberhart, Purse,
Blackshear, Ferrell, Quarterman,
James E. Brown, Hines, James R. Smith,
Clayton, James A. Miller, Ira E. Smith.
Those who voted in the negative, are Messrs.
Bailey, Micajah Johnston, Andrew J. Miller,
Augustus Beall, Thomas Johnston, Murphy,
Byrd, William Jones, Rawls,
Joseph E. Brown, John Jones, John W. G. Smith,
Chisolm, .Leonard, Spullock,
Clark, McBee, Turner,
Edmondson, McRae, Woods.
So the motion was lost.
The report as amended was agreed to, the bill was read
the third time, and on the question " shall this bill now
pass?" the yeas and nays were required to be recorded,
and are yeas 20, nays 17.
544
JOURNAL OP THB
Those who voted in the affirmative, are Messrs.
Bailey,
Byrd,
Joseph E. Brown,
Chisolm,
Clark,
Edmondson,
Micajah Johnston,
Eli as Beall,
Blackshear,
James E. Brown,
Clayton,
Dunham,
Murphy,
Rawls,
John W. G. Smith,
Spullock,
Turner,
Woods.
Quarterman,
James R. Smith,
Ira E. Smith,
Stell.
Thomas Johnston,
William Jones,
John Jones,
Leonard,
iLong,
McBee,
McRae,
Those who voted in the negative, are Messrs.
Anderson, Eberhart, Purse,
Ferrell,
Hines,
Andrew J. Miller,
James A. Miller,
Napier,
So the bill was passed.
The following message was received from the House of
Representatives by Mr. Harrison their Clerk: <
Mr. President—The House of Representatives have passed
the following bills originating in the House:
A bill to incorporate the Wellington Academy of Morgan
county, and appoint trustees for the sarhe.
A bill to authorize all persons whatever, to establish and
erect ferries and bridges on their own land.
A bill to authorize the Inferior Court of the county of
Cass, to levy an additional tax for the years 1850 and 1851.
A bill to appoint trustees for Cedar Creek Church, in
Emanuel county.
A bill to authorize the citizens of the town of Marietta to
elect their Marshal.
A bill to repeal an act entitled an act to authorize the In¬
ferior Court of Lumpkin county to levy an extra tax for
county purposes.
A bill to authorize the Sheriffs and Coroners of Wilkinson
county to advertise their sales in one of the papers publish¬
ed either at Milledgeville or Macon.
A bill to empower Abram S. Cowan of Walton county,
administrator on the estate of George Cowan, deceased, of
DeKalb county, to return his actings and doings as such ad¬
ministrator, in Walton county.
A bill to alter and amend an act entitled an act to alter
and amend the several acts incorporating the City of Macon,
approved December 27th, 1847, and to abolish the office-
and dutv of assessors.
A bill to incorporate a Horticultural Association of this
State.
A hill to give to Grand Jurors of Cass county, the same
compensation that is allowed Petit Jurors in said county.
A bill to require the Justices of the Inferior Courts of Gil-
SENATE.
545
mer and Walker counties, to proportion the poor school fund
of said counties, among the several districts, &c.
A bill for the relief of John M. Wilhite of the county of
Jackson.
A bill to authorize amendments in certain cases.
A bill to alter and amend the the twenty-fourth section of
the tenth division of the Penal 'Code, so far as to vest
the power to abate nuisances, founded on the opinion and
the verdict of a Jury composed of twelve free holders, resi¬
dent inhabitants within the corporate limits of the City of
Columbus, in any two or more Justices of the Peace in and
for said*city, and for other purposes therein mentioned."
A bill to compel persons taking up runaway slaves to de¬
liver the same to the Jailor of the county, where taken up
and to prohibit said persons from detaining in their custody
such runaway slave or slaves for a longer time than four
days and for other purposes therein mentioned.
A bill to authorize William P. Cunningham of Clark
county to plead and practic law in the Courts of Law and
Equity in this State.
A bill to compensate the consolidating managers of elec¬
tions in the county of Wayne.
A bill to alter and amend the third section of an act enti¬
tled an act to amend an act to incorporate the Muscogee Rail
Road, and to punish persons for violating the provisions of
the same, approved December 7th, 1S45.
A bill amendatory of an act to protect the estates of Or¬
phans, &c., approved December 16th, 1809.
A bill to provide for the trial by the Superior Courts of this
State, of any slave or slaves or free persons of color, charged
with any capital offence against the laws of this State.
A bill to alter and amend an act to organize the Lunatic
Asylum of the State of Georgia, and to provide for the gov¬
ernment of the same, and to appropriate a sum of money for
the same, assented to December 10th, 1841.
A bill to incorporate the Mulberry Grove Manufacturing
Company in the county of Harris and for other purposes
therein mentioned.
A bill to incorporate the Hydraulic Company of the City
of Savannah, and for other purposes therein named.1
A bill to change the name of Elizabeth Strong, and for
other purposes.
A bill to alter and amend an act entitled an act to regulate
the licensing Physicians in this State, to prevent Apotheca¬
ries vending or exposing to sale within the State, drugs and
ipedicines without a license from the Board of Physicians,
and to prevent merchants and shop keepers and all other per¬
sons from compounding and preparing drugs and medicines,
.or either, approved December 24th, 1825.
A bill for the relief of Duncan McDougald pf the county
35
546
JOURNAL OF THE
of Muscogee, and to appropriate a sum of money { and for
other purposes therein mentioned.
And a bill to appoint Masters in Equity for the counties
of Muscogee, Talbot, and Stewart, and for other purposes
therein mentioned.
Also, the following bills, originating in the Senate :
A bill to incorporate a Bank, in the city of Savannah, to
he called the " Bank of Savannah."
A bill to amend an act incorporating the Bank of Bruns¬
wick; and a bill to change and fix the time of holding the
Superior Courts in the counties of Cobb, Campbell, Carroll,
Heard and Troup, of the Coweta Circuit, and for other pur- •
poses therein named.
They have agreed to the Senate's amendment to the bill
to authorize and empower the Planter's Manufacturing
Company of Butt's county and their successors, to estab¬
lish a Ferry across the Ocmulgee River, on their own land.
The House still adhered to their disagreement to the
amendment of the bill to authorize Nancy Weston, the wife
of James Weston, of the county of Cass, to exercise all the
lights of a feme sole.
They have agreed to the amendments by substitute, to the
bill of the House to reorganize a Land Court for Head
Rights of Land, so far as relates to the county of Emanuel,
and to authorize all monies arising from the same, to be
paid over to the Justices of the Inferior Court of said county,
equally, as a compensation for their servjces, and for other
purposes therein mentioned.
They have appointed a Committee of Conference on their
part, consisting of Messrs. Brown, (of Burke,) Irwin and
Yopp, on the subject matter of difference between the two
houses, on the bill to create an additional election precinct,
and remove various others in the county of Washington.
And the House has concurred in the resolution of Senate,
in relation to the Mail Route from Marietta to Canton, in this
State.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to provide an annual Sinking
Fund, for the payment of the public debt. The report was
agreed to'; the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, for the relief of the Securities
of Jacob W. Frost, formerly Tax Collector, of Muscogee
county. The report was agreed to ; the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to authorize James Brewer
and William Brewer to establish a Ferry across the Alta-
maha River, at Oglethorpe Bluff, and for other purposes
therein mentioned.
senate.
547
Mr. 'Quarterman moved to amend, by adding the follow¬
ing proviso, to wit:
" Provided further, that the said Ferry shall not interfere
with the rights of land-holders on the North side of said
Rivers; which was agreed to. The report as amended, was
agreed, the bill was read the third time and passed.
The Senate took up and concurred in the amendments of
the House to the bill of Senate to change and fix the time
of holding the Superior Courts in the counties of Cobb,
Campbell, Carroll, Heard and Troup, of the Coweta Cir¬
cuit, and for other purposes therein named.
The Senate took up and concurred in the amendments of
the House, to the bill of Senate, to incorporate a Bank in
the city ofBavannah, to be called the " Bank of Savannah."
The Senate took up Message from the House, in rela¬
tion to the amendment to the bill of the House to amend the
Guardian Laws of this State.
The Senate adhered to its amendment, and appointed as
a Committee of Conference, Messrs. Ferrell, Bailey and A.
J. Miller.
The Senate took up and concurred in the amendment of
the House to the bill of the Senate, to incorporate the South¬
ern Central University of Georgia.
On motion, the Senate adjourned until three o'clock, P. M.
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Purse laid on the table the following resolution, which
on motion, was taken up, read and agreed to, to wit:
Resolved, That hereafter the Secretary carry all bills pas¬
sed by the Senate forthwith to the House ef Representati ves,
unless notice is given at the time of their passage, that a re¬
consideration will be moved the next morning.
Mr. J. R. Smith laiil on the table the following resolu¬
tion :
Resolved, That no member of the Senate be permitted to
speakf more than ten minutes at any one time, on any sub¬
ject.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to change the line between the
counties of Habersham and Franklin, so as to add the resi¬
dence of Henry Whisenhunt and Hendix Harp, to the coun¬
ty of Franklin. The report was agreed to; the bill was
read the third time and passed.
Mr. Stell, from the Committee on Enrollment, reported
-as duly enrolled and ready for the signature of the President
of the Senate, an act to secure to the Rock Island Factory
548
JOURNAL OF THE
certain privileges, and legalize the building of a dam or
dams, in the Chattahoochie River, and for other purposes.
Also, an act to incorporate the Southern Baptist Univcr-
sity of Georgia, at Daltori.
Also, an act to amend the act incorporating the Bank of
Brunswick.
The Senate took up as the report of the Committee of the
whole, the bill of the House, for the relief of Joseph Don¬
aldson, of Cherokee county. The report was agreed to; the
bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to add the residence of Thomas
S. Hopkins, now of the county of Wayne, to the county of
Glynn, and for other purposes j which on motion, was laid
upon the table for the present.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to regulate the tax on sales at
auction.
Mr. A. J. Miller moved to amend the caption, by adding
the words " in Chatham county only," which was agreed to.
The report as amended was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill to regulate and to designate the mode and
manner in which the Clerk of the Superior Courts of the
several counties of this State, and other officers therein
named, shall be paid their costs on insolvent State cases.—
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to incorporate the Marietta
Manufacturing Company of Cobb county. The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Commitlee of the
whole, the bill of the House, to authorize Cornelius D. Ter-
hune to construct a dam across the Etowah river; on his
own land. The report was agreed to, the bill was read the
* third time and passed,
The Senate took up as the report of the Committee of the
whole, the bill of the House relative to Constable's J3onds,
and to regulate the proceedings therein. The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to authorize his Excellency the
Governor to have surveyed and sold, all the unsurveyed lands
in the county of Ware. The report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to extend for five years, the
SENATE.
-549
Charter of the Central Bank of Georgia, which on motion,
was laid upon the table for the present.
The Senate took up as the report of the Committee ol
the whole, the bill of the House, to incorporale a Company
of Cavalry in the county of Walton, to be known by the
name of the Georgia State Guards. Also, a Volunteer
Rifle Company in said county, known as the Walton Rifle
Company, and to give them certain privileges. The report
was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to fix and make permanent,
the criminal and civil jurisdiction of this State, over a part
•of the territory in dispute between citizens of Florida and
the citizens of Georgia, and continue the same in force, un¬
til the question of boundary shall have been definitely settled
by and between the State of Georgia and Florida, which
on motion, was referred to the Committee on the Judiciary.
The Senate took upas the report of t^ie Committee of the
whole, the bill of the House, to prevent Sheriffs from holding
the office of Constable.
On the first section being read as follows, to wit:
Sec. 1. Be it enacted by the Senate and House of'Represen¬
tatives of the State of Georgia in General Assembly met, and it is
hereby enacted by the authority of the same, That from and
immediately after the passage of this act, no City or County
Sheriff shall be allowed to hold the office of Sheriff.
Mr. Purse moved to amend, by striking out after the words
"office of." the word "Sheriff," and insert in lieu thereof
" Constable," which was agreed to.
Mr. Woods m »ved to lay the bill on the table for the bal¬
ance of the session, which was lost.
The report as amended was agreed to, the bill was read
the third time; and on the question " shall this bill now
pass ?" the yeas and nays were required to be recorded,
and are yeas 24, n&ys 7.
Those who voted in the affirmative are Messrs.
Augustus Beall, Micajah Johnston, Purse,
Elias Beall, Thomas Johnston, Rawls,
Byrd, John Jones, John W. G. Smith,
Blackshear, Leonard, James R. Smith,
James E. Brown, Andrew J. Miller, Ira E. Smith,
Clayton, James A. Miller, Spullock,
Ebefhart, Murphy, Stell,
Edmondson, Napier. Turner.
Those who voted in the negative, are Messrs.
Anderson, ' Hines, Quarterman,
Joseph E. Brown, McBee, Woods.
Ferrell,
So the bill was passed.
550
JOURNAL OF THE
The Senate took up as the report of the Committee of the
whole, the bill of the House to alter and fix the times of hold¬
ing the Superior Courts of the counties of Pulaski, Telfair
and Irwin. The report was agreed to, the bill was read
the third tiijie and passed-
The Senate took up as- the report of the Committee of the
whole, the bill of the House to change the line between'
the counties of Effingham and Chatham, so as to include the
residence of George A. Keller, in the county of Chatham.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill ot the House for the relief of William Har¬
deman of the county of Cherokee, which on motion, was re¬
ferred to the Committee on Finance.
The Senate took up as the report of the Committee of the
whole,, the bill of the House amendatory of an act assented
to 17th December, 1847, entitled an act to authorize parties
to compel discoveries at common law, which on motion was
referred to the Committee on the Judiciary.
The Senate took up as the report of the committee of the
whole, the bill of th'e House for the relief of all offenders
against the late laws of this State, prohibiting the introduc¬
tion of slaves into this State, for the purpose of sales, and
prohibiting the sale, offer to sell, or the purchase of slaves
within a certain period after their introduction in this State.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to make it a penal offence for
any Conductor, Fireman, Engineer, or other officer or agent
conducting or managing any Rail Road Car in this State, to
allow a slave to enter and travel on the same in the absence
of the owner, overseer or employer, without a written per¬
mit for that express purpose, &c.; which on motion, was re¬
ferred to a select committee consisting of Messrs. A. J. Mil¬
ler, Joseph E. Brown and Ferrell.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to amend an act entitled an
act concerning Coroners and Inquests, passed Deeember22d'
1823. *
On reading the first section as follows
Be it enacted, That from and after the passage of this act,
it shall be lawful for the Coroners of Chatham county to
summon the Jury, or any part thereof himself, if the services
of a Constable cannot be conveniently obtained.
Mr. A. J. Miller moved to amend by striking out the words
"Chatham county," and inserting in lieu thereof the words
<l the several counties of this State, which was agreed to.—
SENATE.
551
The report as amended was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to incorporate the Stockholders
of the Cherokee Rail or Plank Road Company.
Mr. Spullock moved to amend the first section, by adding
the following names as additional Incorporators, to wit:
A. T. Hardin, Isaac Anderson, William Johnson, Robert
S. Ihley, Sterlin Combs, James McEntee, Daniel R. Mitchell,
Daniel S. Printup, A. A. Anderson, WilliamE. Alexander;
which was agreed to.
Mr. Spullock moved to amend further, by adding the fol¬
lowing as an additional section, to wit:
Be it enacted by the authority aforesaid, That the said com¬
pany shall not be permitted to build a Rail Road, until they
shall first have obtained the consent of the Steamboat Com¬
pany upon the Coosa river; which was agreed to. The re¬
port as amended was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House for the relief of Ellen B. Ken¬
nedy. The report was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to alter and change the line be¬
tween the counties of Montgomery and Telfair. The report
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to change the lines between the
counties, of Ware and Telfair, and Ware and Appling, and
for certain purposes therein specified. The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to authorize William Ezzard,
Administrator on the estate of A. H. Green, late of DeKalb
county, deceased, and Allison Nelson, to establish a ferry or
bridge across the Chattahoochee river. The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of ihe House to prevent the falling in timber
and otherwise obstructing the channel of the river Chicka-
mauga in the county of Walker, and to punish persons for
the same. The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to repeal an act approved on
the 23d December, 1835, to authorize and empower the
Surveyor General to record all plats of surveys made on
head rights, before granting the same. The report was
agreed to, -the bill was read the third time and passed.
552
JOURNAL OF THE
The Senate took up message from House in relation to
the amendments of Senate to the bill of House, to authorize
Nancy Weston, the wife of James Weston of the county of
Cass, to exercise all the rights of a feme sole, to which the
House had disagreed.
Mr. A.J. Miller moved that the Senate adhere to its
amendment and appoint a Committee of Conference.
Upon which motion the yeas and nays were required to
be recorded, and are yeas 20, nays 6.
Those who voted in the affirmative, are Messrs.
Anderson, Mieajah Johnston, Purse,
Augustus Beall, Thomas Johnston, Quarterman,
Blackshear, Leonard, John W. G. Smith,
James E. Brown, Long, James R. Smith.
Chisolin, McBee, Spullock,
Clayton, McRae, Stell.
Eberhart, Andrew J. Miller,
Those who voted in the negative, are Messrs.
Byrd, John Jones, Rawls,
Joseph E. Brown, Murphy, Turner.
So the motion prevailed, and the Senate adhered to its
amendment, and Messrs. A. J. Miller, Chisolm and Clayton
appointed the Committee of Conference on the part ot the
Senate.
The following bills of the House of Representatives were
taken up, read the second time, and referred to the Com¬
mittee of the whole :
A bill to compensate the Petit Jurors of Lee county, and
to authorize the Inferior Court to levy a tax for said purpose.
A bill to alter and amend an act entitled an act to au¬
thor ize and empower executors and administrators to make
titles to land in certain cases, approved February the 15th,
i7".
A bill to authorize Executors and Administrators and
Guardians to sell at public outcry, all notes, bonds and
other obligations, due .the estate of their testators or intes¬
tates, or wards, that may be considered insolvent or doubt¬
ful of collections.
A bill to authorize the Clerks of the Inferior Courts toad-
minister oaths in certain cases, and to admit to record, all
deeds, conveyances and other papers officially signed for
that purpose by the Clerks of the Superior Courts.
A bill to change the time of the sitting of the Courts of
Ordinary, so far as relates to thd county of Bulloch.
A bill to incorporate a Volunteer Company of Infantry
at Dab [onega in the county of Lumpkin, to be known by the
name and style of the Dahlonega Blues, to attach them to
the 79th Regiment Georgia Militia,, and to authorize the
SENATE.
553
Governor to furnish them with certain arms therein
named.
A bill to authorize Dariiel Sikes of the county of Tatnall,
to practice medicine in said county by charging compensa¬
tion therefor without a license as is now by law provided.
A bill for the relief of John Strickland of Macon county.
A bill to authorize John C. Rogers, Ezekiel H. Adams
and Edward Brooks of Macon county, to establish a ferry
across Flint river on their own land, to be located on trac¬
tion sixty-six in the first, and two hundred and thirty-six in
the fifteenth district of said county.
A bill to regulate the returns of Executors, Administrators
and Guardians.
A bill to compel the Justices of the Peace in the county
of Lowndes to furnish the Receiver of Tax Returns, with a
list of all the persons in their respective districts subject to
pay taxes, by the first day of April.
A bill to incorporate the Brownville Manufacturing Com¬
pany of Carroll county, Georgia, and for other purposes
threin mentioned.
A.bill to permit certain citizens of the county, of Sumter,
to exercise the rights of citizenship in the county of
Macon.
A bill to incorporate Union Academy in the county of
Macon, and to appoint trustees for the same.
A bill to authorize the Sheriff's Clerks of the Superior,
Inferior and Courts of Ordinary, in the several counties in
this State, to advertise in any paper in this State.
A bill to incorporate the Eatonton Branch Rail Road.
The following bills of the House of Representatives were
taken up and read the first time, to wit: '
A bill to alter and amend the 3d section of an act entitled
an act to amend an act to - incorporate the Muscogee Rail
Road, and to punish persons for violating the same, ap¬
proved 2Gih December, 1845.
A bill to incorporate the Mulberry Grove Manufacturing
Company in the county of Harris, and for other purposes
therein mentioned.
A bill to appoint a Master in Equity for the counties of
Muscogee, Talbot and Stewart, and for other purposes
therein mentioned.
A bill to incorporate the Hydraulic Company of the City
of Savannah, and for other purposes therein named.
A bill to authorize the citizens of the to-svn of Marietta to
elect their Marshal.
A bill to provide for the trial by the Superior Courts of
this State of any slave or slaves, or free person of color
charged with any capital offence against the laws of this
State.
A bill to authorize amendments in certain cases.
554
JOURNAL OF THE
A bill to compensate the managers of elections in the
county of Wayne.
A bill for the relief of Duncan McDougald of the county
of Muscogee, and to appropriate to him a sum of money,
and for other purposes therein mentioned.
A bill to alter and amend an act entitled an act to regu¬
late the licensing Physicians in this State, to prevent Apothe¬
caries vending and exposing to sale within this State, drugs
and medicines without a license from the Board of Physi¬
cians, and to prevent merchants, shop-keepers and all other
persons from compounding and preparing drugs and medi¬
cines, or either, approved December 24, 1825.
A bill amendatory of an act approved Dec., 14, 1809, &c.
A bill to alter and amend an act to organize the Lunatic
Asylum of the State of Georgia, and to provide for the gov¬
ernment of the same, and to appropriate a sum of money
for the same, assented to Dec., 10th 1841.
A bill to authorize the Sheriffs and Coroners of Wilkinson
county to advertise their sales in one of the papers published
either at Milledgeville or Macon.
A bill to alter and amend an act entitled an act to alter
and amend the several acts incorporating the City of Macon,
approved Dec., 27, 1847, and to abolish the office and duty
of assessors.
A bill to authorize the Inferior Court of the county of
Cass to levy an additional tax for the years 1850 and 1851.
A bill to authorize William P. Cunningham of Clarke
county to plead and practice law in the Courts of Law and
Equity in this State.
A bill to incorporate the Central Horticultural Association
of Georgia.
A bill to change the name of Elizabeth Strong, and for
other purposes.
A bill to incorporate the Wellington Academy of Morgan
pounty, and to appoint trustees for the same.
A bill to alter and amend the twenty-fourth section of the
tenth division* of the Penal Code, so far as to vest the power
to abate nuisances founded on the opinion and the verdict of
a Jury composed of twelve freeholders, resident inhabitants
within the corporate limits of the City of Columbus, in any
two or more Justices of the Peace, in and tor said city,
and for other purposes therein mentioned.
A bill to repeal an act entitled an act to authorize the In¬
ferior Court of Lumpkin county to levy an extra tax for
county purposes.
A bill to authorize all persons whatever, to establish and
erect ferries and bridges across water courses and streams
on their own lands, and to define the terms upon which they
may establish the same.
senate-
555
A bill for the relief of John M- Wilhite of the county of
Jackson.
A bill to compel persons taking up runaway slaves to de¬
liver the same to the Jailor of the county where taken up,
and to prohibit said persons from detaining in their custody
such runaway slave or slaves, for a longer time than four
days, and for other purposes therein mentioned.
A bill to give to Grand Jurors of Cass county, the same
compensation that is allowed Petit Jurors in said county.
A bill to authorize and require the Justices of the Inferior
Courts of Gilmer and Walker counties, to proportion the
Poor School Fund of said counties among the several dis¬
tricts, &c.
A bill to appoint trustees for Cedar Creek Church in
Emanuel county.
A bill to empower Abram S. Cowan of Walton county,
Administrator on the estate of George Cowan, deceased, of
DeKalb county, to return his actings and doings as such
Administrator, in Walton county.
On motion,
The Senate adjourned until nine o'clock, to-morrow morn¬
ing.
SATURDAY, February 9, 1850'.
The Senate met pursuant to adjournment.
Mr. James E. Brown moved to reconsider so much of the
Journal of yesterday as relates to the action of the Senate
upon the bill of the House " to incorporate a Banking Com¬
pany at the town of Fort Gaines, in the county of Early, un¬
der the name and style of the South Western Bank of Geor-
Georgia." Upou which motion, the yeas and nays were re¬
quired to be recorded, and are yeas 18—nays 18.
Those who voted in the affirmative, are Messrs.
Anderson, Edmondson, Leonard,
Augustus Beall, Ferrell, McRae,
Blackshear, Gonder, Andrew J. Miller,
James E. Brown, Hines, James A. Miller,
Clayton, Micajah Johnston, Quarterman,
Eberhart, Thomas Johnston, James R. Smith.
Those who voted in the negative, are Messrs.
Byrd,
Joseph E. Brown,
Chisolm,
Clark,
Cochran,
Dunham,
John Jones,
Long,
McBee,
Murphy,
Napier,
Purse,
Rawls,
John W. G. Smith,
Ira E. Smith,
Stell,
Turner, .
Woods.
The President voting in the affirmative, the motion pre¬
vailed.
556
JOURNAL OF THE
Mr. Long moved to make the rconsidered bill the special
order of the day for Friday next, which was lost.
Mr. James E. Brown moved to make the bill the special
order of the day for Monday next. Upon which the yeas
and nays were required to be recorded, and are yeas 21,
nays 17.
Those who voted in the affirmative, are Messrs.
Anderson,
Augustus Beall,
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Clayton,
Leonard,
McRae,
Andrew J. Miller,
James A. Miller,
Quarterman,
James R. Smith,
Woods.
Eberhart,
Edmondson,
F errell,
Gonder,
Hines,
Micajah Johnston,
Thomas Johnston,
Those who voted in the negative, are Messrs.
Joseph E. Brown, Long, John W. G. Smith,
Clark, McBee, Ira E. Smith,
Cochran, Murphy, Spullock,
Dunham, Napier, Stell,
William Jones, Purse, Turner.
John Jones,'. Rawls,
So the motion prevailed.
Mr. James E. Brown moved to reconsider so much of the
Journal of yesterday as relates to the action of the Senate
upon the bill of the House "to alter the lines between the
counties of Lee and Randolph, so as to include certain lots
therein specified in the county of Randolph, and to include
the lot of land on which John Blackshear resides, in the
county of Stewart." Upon which motion the yeas and nays
were required to be recorded and are yeas 19, nays 19.
Those who voted in the affirmative, are Messrs.
Anderson, Cochran,
Augustus Beall, Eberhart,
Elias Beall, Ferrell,
Byrd, Gonder,
Blackshear, Hines,
James E. Brown,
Clayton,
Those who voted in the negative, are Messrs
Leonard,
McRae,
Andrew J* Miller,
James A. Miller,
Quarterman,
Thomas Johnston, James R. Smith.
Joseph E. Brown, John Jones,
Chisolm, McBee,
Clark, Murphy,
Dunham, Napier,
Edmondson, Purse,
Micajah Johnston, Rawls,
William Jones,
The President voting in the negative, the motion was lost.
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner,
Woods.
SENATE.
557
Leave of absence was granted to Messrs. Eberhart and
Thomas Johnston, for the remainder of the session after
Thursday next.
On motion of Mr. William Jones, the Senate took up as
the report of the Committee of the whole, the bill of the
House " to lay out and form a new county from the
counties of Ware and Lowndes, and to provide for the or¬
ganization of the same." The report was agreed to, the bill
was read the third time and passed.
On motion of Mr. Long, the Senate took up as the report
of the Committee of the whole, the bill " to add the resi¬
dence of Thomas S. Hopkins, now of the county of Wayne,
to the county of Glynn, and for other purposes." The re¬
port was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House "to authorize Daniel Sikes of
of the county of Tattnall, to practice medicine in said county,
charging compensation therefor, without a license as now by
law provided."
Mr. J. R. Smith moved to postpone the bill indefinitely.—
On which motion, the yeas and nays were required to be
recorded, and are yeas 13, nays 22.
Those who voted in the affirmative, are Messrs.
Anderson, Thomas Johnston, Purse,
Elias Beall, Long, James R. Smith,
Dunham, Andrew J. Miller, Ira E. Smith,
Eberhart, James A. Miller, Stell.
Gonder,
Those who voted in the negative, are Messrs.
Bailey, Edmondson, Murphy,
Augustus Beall, Ferrell, Quarterman,
Byrd, Hines, Rawls,
Blackshear, Micajah Johnston, John W. G. Smith,
James E. Brown, William Jones, Spullock,
Joseph E. Brown, Leonard, Turner,
Chisolm, McRae, Woods.
Clark,
So the motion was lost.
Mr. James E. Brown moved to amend by adding the fol¬
lowing as an additional section, to wit:
"And be it further enacted, That William Henry and Fran¬
cis Singleton, be and they are hereby authorized to practice
physic under the same rules and restrictions as contained in
this act."
Mr. Anderson moved to amend by adding the following
as an additional section, to-wit:
" And be it further enacted, That the aforesaid persons shall
558
JOURNAL OP THE
pay such tax as is now imposed by law on physicians in this
State.
Mr. James E. Brown moved to amend by adding the fol¬
lowing proviso:
" Provided that the passage of this act, shall not be deem¬
ed as a precedent to authorize the Senate of the State of
Georgia to resolve itself into a medical faculty in future, to
manufacture physicians, without regard to qualification or
the necessary requisitions under the existing laws of the
State."
Mr. Chisolm moved to lay the amendments on the table
for the balance of the session, which was agreed to. 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 ard yeas 22, nays 14.
Those who voted in the affirmative, are Messrs.
Augustus Beall, Mieajah Johnston, Murphy,
Byrd, Thomas Johnston, Quarterman,
Blackshear, William Jones, Rawls,
Joseph E. Brown, John Jones, John W. G. Smith,
Chisolm, Long, Spullock,
Clark, McBee, Turner,
Eberhart, McRae, Woods.
Edmondson,
Those who voted in the negative, are Messrs.
Anderson, FerrelJ, Purse,
Elias Beall, Gonder, James R. Smith,
James E. Brown, Hines, Ira E. Smith,
Cochran, Andrew J. Miller, Stell.
Dunham, James A. Miller,
So the bill was passed.
Mr. A. J. Miller made the following report:
The Select Committee to whom was referred the two
bills from the House of Representatives in relation to
the public printing, have had the same under consideration,
and considering the proposed legislation as unjust in its op¬
eration on existing appointments, and not promoting the pub¬
lic interest, recommend that they be not passed.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have passed
the following bills:
A bill to incorporate the stockholders of the Clarksville
Rail or Plank Road Company.
A bill to regulate and give the control ol the fisheries on
the Great Ogechee River, below Hill's Bridge on the Darien
road, Bryan county, and on the Savannah river from Aber-
con Creek to the mouth of said river, to the proprietors of
the banks and islands of said rivers; also, to prevent illicit
SENATE.
559
trading with slaves and disseminating incendiary publi¬
cations.
A bill to incorporate the Habersham-and Union Turnpike
Company, and to grant certain privileges to the same, as to
allow the said Company to abandon certain portions of the
said road, and charge the same tolls on the remaining por¬
tion of the same, as the said Company is now allowed by
law on the whole road, and for other purposes therein men¬
tioned.
A bill to declare certain lands in the county of Ware for¬
feited to the State, and to provide for disposing of the same,
and to repeal the 2d, 3d, 4th, 5th, 6th, ?th and 8th sections
ol an act approved December 30th, 1847, to declare certain
lands in the county of Ware forfeited to the State, and to
provide for disposing of the same.
And a bill to regulate the action of Justices of the Peace
in granting peace warrants.
Mr. A. J. Miller made the following report to wit:
" The Select Committee to whom was referred the bill of
the House in relation to Slaves being allowed to travel on
Rail Roads, have had the same under consideration and re¬
commend the passage of the same, with the amendments
submitted by the Committee."
On motion, the Senate took up the bill as the report of
the Committee of the whole, and the amendments offered
thereto by the Select Committee, were agreed to.
Mr. Bailey moved to amend by adding the following as
an additional section, to wit:
" Be it further enacted, That if it shall be made to appear
that any negro slave shall escape on any railroad car, loco¬
motive, or tender, without written permit from the owner,
such owner, overseer, or employer may recover by suit in
any Court of competent jurisdiction, the amount of the value
of the said negro, and the amount of all expenses of the suit
incurred, from said Rail Road Companywhich was agreed
to. The report as amended, was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House "to authorize the Clerks of the
Superior Court to administer oaths in certain cases, and for
other purposes." The report was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House "to change the time of holding
the Court of Ordinary so far as relates to the county of
Bulloch." The report was agreed to, the bill was read the
third time and passed.
The Senate tood up as the report of the Committee of the
whole, the bill of the House "for the relief of John Strick¬
land of Macon county." The report was disagreed to, and
the bill was lost.
560
JOURNAL OF THE
The Senate took up as the report of the Committee of
the whole, the bill of the House " to compel the Justices of
the Peace in the county of Lowndes, to furnish the Receiver
of Tax Returns for said county, with a list of all persons in
their respective districts, subject to pay taxes, by the first
day of Aprilwhich on motion of Mr. William Jones, was
postponed indefinitely.
The Senate took up as the report of the Committee of the
whole, the bill of the House "to incorporate a Volunteer
Company of Infantry at Dahlonega in the county of Lump¬
kin, to be known by the name and style of the " Dahlonega
Blues." The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House " to regulate the returns of ex¬
ecutors, administrators, and guardians;" which on motion,
was referred to the Committee on the Judiciary.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to alter and amend an act en¬
titled an act to authorize and empower executors and ad¬
ministrators to make titles to land in certain cases, approv¬
ed February 15th, 1799. The report was agreed to, the
bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to incorporate the Eatonton
Branch Rail Road. 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 4.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, Murphy,
Augustus Beall, Ferrell, Purse,
Elias Beall, Micajah Johnston, Quarterman.
Blackshear, Thomas Johnston, Rawls,
James E. Brown, McBee, John W. G. Smith,
Joseph E. Brown, McRae, James R. Smith.
Chisolm, Andrew J. Miller, Ira E. Smith,
Clayton, James A. Miller, Spullock,
Cochran,
Those who voted in the negative, are Messrs.
Byrd, Napier, Stell,
Turner.
So the bill was passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to authorize Sheriffs and Clerks
of the Superior, Inferior and Courts of Ordinary of the sev¬
eral counties of this State, to advertise the proceedings of
their respective Courts in any newspaper in this State;
which on motion, was referred to a Select Committee, con-
SENATE.
561
sisting of Messrs. A. J. Miller, Clark and Micajah Johnston.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to compensate Petit Jurors of
Lee county, and to authorize the Inferior Court to levy a
tax for said purpose." The report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to authorize Executors, Ad¬
ministrators and Guardians to sell at public outcry, all
notes, bonds and other obligations due the estate of their
testator or intestate, or ward, that may be considered insol¬
vent or doubtful of collection; which on motion, was refer¬
red to a Select Committee, consisting of Messrs. Chisolm,
Murphy, A. J. Miller, Bailey and Ferrell.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to permit certain citizens of
the county of Sumter, to exercise the rights of citizenship, in
the county of Marion; which on motion was referred to a
Select Committee, consisting of Messrs. Joseph E. Brown,
J. W. G. Smith and Ferrell.
The Senate took up as the report of the Committee of the
whole, the bill of the'House, to incorporate Union Academy,
of the county of Macon, and appoint Trustees for the same.
Mr. Blackshear moved to amend by adding the following
as additional sections, to wit:
"Beit enacted further, That James H. Loftin, George' M.
Merkinson and James Pierce, be, and they are hereby ap¬
pointed Trustees of Shady Grove Academy, in the county
of Wilkinson, and that they and their successors in office
are hereby declared a body corporate, by and under the
nartie and style of the Trustees of Shady Grove Academy,
in toe county aforesaid."
" And be it further enacted, That the Trustees aforesaid,
and their successors in office, be, and they are hereby in¬
vested with the power of using a common seal, of sueing
and being sued, pleading and being impleaded, in the sev¬
eral Courts of law and equity in this State, of making all
necessary by-laws for their government, of holding titles to,
and conveying real and personal estate, and of doing all and
other things, and of enjoying all other immunities not incon¬
sistent with the Constitution and laws of this State, which
may be necessary and proper for the government and pros¬
perity of said Shady Grove Academy, and of filling anv va¬
cancy that may take place in their body which" was
agreed to. The report -as amended, was agreed to, the
bill was read the third time and passed.
The Senate took*up as the report of the Committee of the
whole, the bill of the House, to authorize the appropriation
of unmarked hogs, in the county of Paulding; which on
motion, was postponed indefinitely.
36*
502
JOURNAL OP THE
The Senate took up as the report of the Committee of the
whole, the bill of the House to provide for the education of
the poor, assented to 27th December, 1843. The report
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to change the line between the
counties of Newton and Jasper, so far as to include within
the county of Newton, the possessions of James M. Finly
and William Garthwright. The report was agreed to, the
bill was read the third time and passed.
The following message was received from His Excellency
the Governor, by Mr. Patton, his Secretary:
Mr. President—His Excellency the Governor has approv¬
ed and signed the following acts, to wit:
An act to change the time of holding the elections for
members to represent this State in the Congress of the
United States.
An act to designate the holidays to be observed in the ac¬
ceptance and -payment of bills of exchange and promissory
notes, and to allow three days commonly called "days of
grace," for the payment within said time, of all sight drafts
and bills of exchange drawn payable at sight.
An act for the relief of the citizens of Dooly county, so far
as relates to the recording of papers, and to extend the time
of recording deeds in said county.
An act to incorporate the Cherokee Insurance and Bank¬
ing Company.
An act to amend the several acts in relation to issuing
Grants on Head Rights in this State, so far as to extend the
time for granting the same, until 25th Dec., 1851.
His Excellency the Governor has also assented to and
signed the following resolutions :
A resolution to furnish George White with certain Jour¬
nals.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to reduce the price of public
printing.
Mr. A. J. Miller moved to lay the bill on the table for the
balance of the session. On which motion the yeas and nays
were required to be recorded, and are yeas 30, nays 3. >
Those who voted in the affirmative, are Messrs.
Anderson, . Dunham, Andrew J. Miller,
Bailey, Eberhart, James A. Miller,
Elias Beall, Ferrell, Murphy,
Byrd, Hines, Napier,
Blackshear, Micajah Johnston, Purse,
James E. Brown, Thomas Johnston, Rawls,
Chisolm, Leonard, John W. G. Smith,
Clark, Long, James R. Smith,
Clayton, McBee, Spullock.
Cochran, McRae, Stell,
SENATE.
563
Those who voted in thd negative, are Messrs.
Joseph E. Brown, John Jones, Turner,
So the motion prevailed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to amend an act for the elec¬
tion of a public printer, and to regulate the printing required
to be performed by the Legislature, approved December
23d, 1836; which on motion, was postponed indefinitely.
Mr. Stell from the Committee on Enrolment, reports as
duly enrolled and signed by the Speaker of the House of
Representatives, and ready for the signature of the President
of the Senate, an act for the relief of John C. Whitworth,
administrator of the estate of Elijah Hill, deceased, and
others, and to appropriate certain sums of money.
Also, an act for the relief of David Barron, of Wilkinson
county; Luverna E. Walker, of the county of Hancock;
and James Boon, of the county of Randolph.
Also, an act to authorize the Central Rail Road and Bank¬
ing Company of Georgia, and other Rail Road Companies
therein named, to unite their respective Rail Roads in one
common depot, at or near the city of Macon, &c.
Also, an act to abolish, change and establish new election
precincts in the counties hereinafter named, and to confer
certain powers upon the Inferior Courts, and to authorize
three freeholders to manage and superintend elections in
certain cases.
Also, an acl to alter and amend the several acts of this
State providing for the organization of Land Courts, so far
as relates to the county of Emanuel.
Also, an act to amendv an act entitled an act to alter and
amend an act passed 22d December, 1840, entitled an act
to alter and amend the 9th section of the judiciary act of
1799, and the first section of an act relative to Executions,
passed December 14th, 1811 ; and to provide for the en¬
forcement of judgments against land sold and bond for titles
given, assented to December 29th, 1847.
Also, an act to authorize a grant to issue to John S. Tho¬
mas, for Fraction number 177, in the first district of Dooly
county.
Also, an act to authorize John D. Watkins to construct a
Turnpike Road on his own land, around Anthony's Shoals,
on Broad river, to fix the tolls on. said road, and for other
purposes.
Also, an act to compensate the Clerk of the Inferior Court
of Gilmer county, for services to be rendered by him. 1
Also, an act to authorize and direct the Chief Engineer
of the Western . and Atlantic Rail Road to have a turnout
made on the State Road in Cass county, near Etowah Riv-
£64
JOURNAL. OF THE
er, at such place as Messrs. Stovall and Lother shall desig¬
nate, upon certain conditions therein named.
Also, an act for the relief of John Dismukes, of Meri¬
wether county, and Rebecca Ward.
Also, an act to incorporate the Athens Fire Company,
number one, and to grant to the same, certain privileges and
exemptions, and to authorize the Iotendant and wardens of
said town of Athens to levy and collect a tax for the estab¬
lishment and maintenance of a Fire Department in said
town.
Also, an act to consolidate the offices of Tax Collector
and Receiver in the county of Lumpkin.
Also, an act to prevent the freight trains upon all Rail
Roads in this State from running on the Sabbath day.
Also, an act to authorize a grant to issue to Jacob Paulk,
of the county of Irwin, to lot of land No. 10, in the 5th dis¬
trict of the county of Irwin.
Also, an act to alter and amend an act to explain an act
to regulate escheats in this State, and to appoint escheators,
passed the 13th day of December, 1816, so'far as to allow
bastards or natural born children o£ widows, to inherit from
their mothers, under certain circumstances therein speci¬
fied.
Also, an act to change and define the mode of electing
field and company officers, under the militia laws of this
State.
Also, an act to complete and furnish the Georgia Asylum
for the Deaf and Dumb, to appropriate a sum of money for
the same, and for; other purposes.
Also, an act to authorize the Stockholders of the Milledge-
ville Bank to increase their capital to the amount of five
hundred thousand dollars.
Also, an act to authorize the inhabitant? of Walker coun¬
ty, in certain neighborhoods where the milk-sickness pre¬
vails, to fence the land, and to punish those who may dis¬
turb or destroy such inclosures.
Also, an act for the relief of William Wade, of the coun¬
ty of Cherokee.
Also, an act to repeal an act entitled an act to amend the
Militia laws of this State so far as relates to the First Regi¬
ment of Georgia Militia, assented to the twenty-first of De¬
cember, 1S35, aijd also to restrict the Majors commanding
the third and'fourth battallions composing the thirty-filth re¬
giment of Georgia Militia,, to one parade each in the year;
and to authorize the thirty-filth regiment to have and to hold
a military encampment for two successive days in each
year.
Also, an act to provide for the removal of the present
county site of Marion, in the county of Twiggs, and to de-
SENATE.
565
fine the duties of the Justices of the Inferior Courts in
Twiggs county, in relation to the same.
Also, an act for the relief of Michael Aderbold and James
A. McWhorter, of Carrol county.
Also, an act to repeal an act entitled an act to alter the
Militia laws of this Slate, so far as relates to the 23d and
27th regiments in the county of Franklin, assented to Dec.
24th, 1840.
Also, an act to authorize the Treasurer to refund the pur¬
chase money, with interest, to purchasers of Fractions that
had been previously drawn for, and afterwards sold by
mistake, and also the graht fee where paid.
Also, an act to repeal, so far as relates to the county of
Chatham, an act entitled'an act to empower the Inferior
Courts of the several counties of this State to order the lay^
ing out of public roads, and to order the building and keep¬
ing in repair the pu^lfe bridges, approved December 4th,
1799 ; and to extend and define the powers of said Courts as
to the construction of bridges, approved December 26th,
1S45 ; also, to alter and amend the fourth section of an act
to alter and amend the road laws of this State, approved
December 19th, 1818, and to repeal the proviso of said fourth
section so far as the same relates to the county of Chatham,
and to exempt the Commissioners of roads from the per¬
formance of patrol duty in the county of Chatham.
Mr. Stell from the Committee on Enrolment, reported as
duly enrolled, and ready for the signature of the President
of the Senate, an act to change and fix the lime of holding
the Superior Courts in the counties of Cobb, Campbell, Car
roll, Heard and Troup, and for other purposes therein
named.
Also, an act to incorporate a Bank in Savannah, to be
called the Bank of Savannah.
The Senate took up as the report of the Committee of the
whole, the bill of the House to incorporate tfie Bowenville
Manufacturing Company >of Carroll county, Georgia. The
report was agreed to, the bill was read the third time and
passed.
The, Senate took up as the report of the Committee of the
whole, the bill of the House to add a part of Newton county
to the county of Jasper, and a part of Carroll county to the
county of Paulding. The report was agreed to, the bill was
read the third time and passed.
On motion,
The Senate adjourned until 3 ofelock, P. M.
566
journal- of the
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The bill of the House of Representatives amendatory of
an act approved December 14th, 1809, &c., &c., was taken
up, read the second time, and referred to the Committee on
the Judiciary.
The bill of the House for the relief of John M. Wilhite of
the county of Jackson, was taken up, read the second time,-
,and referred to the Committee on Finance.
The bill of the House to appoint Masters in Equity for the
counties of Muscogee, Talbot and Stewart, and for other pur¬
poses therein mentioned, was taken up, read the second)
time, and referred to the Committee on the Judiciary,
The following bills of the House of Representatives were
taken up and read the second time, and referred to the
Committee of the whole, to wit:
A bill to incorporate the Hydraulic Company of the city
of Savannah, and for other purposes therein named.
A bitl to empower Abram S. Cowan of Walton county,
administrator on the estate of George Cowan, deceased, of
DeKalb county, to return his actings and doings as such ad¬
ministrator, in Walton county.
A bill to repeal an act entitled an act to authorize the In¬
ferior Court of Lumpkin county to levy an extra tax for
county purposes.
A bill to give to Grand Jurors of Cass county the same
compensation that is allowed Petit Jurors in said county.
A bill to compensate consolidating managers of elections
m the county of Wayne. '
A bill to authorize and require the Justices of the Inferior
Courts of Gilmer and Walker counties to proportion the
Poor School Fund of said counties, among the several dis¬
tricts, &c.
A'bill to authorize the Inferior Court of the county of
Cass, to levy an additional tax for the years 1850 and 1851.
A bill to alter and amend the twenty-fourth section of the
tenth division of the Penal Code, so far as to vest the power
to abate nuisances founded on the opinion and the verdict of
a Jury composed of twelve freeholders, resident inhabitants
within the corporate limits of the city of Columbus, in any
two or more Justices of the Peace iu and for said city, and
for other purposes therein mentioned.
A bill to incorporate a Horticultural Association of this
State.
A bill to change the name of Elizabeth Strong, and for
other purposes, &c.
A bill to incorporate the Wellington Academy of Morgan
county, and appoint trustees for the same.
SENATE.
567.
A bill to alter and amend an act to organize the Lunatic
Asylum of the State of Georgia, and to provide for the gov¬
ernment of the same, and to appropriate a sum of money for
the same, assented to 10th December, 1841.
A bill to compel persons taking up runaway slaves to de¬
liver the same to the Jailor of the county where taken up,
and to prohibit said persons from detaining in their custody
such runaway slave or slaves, for a longer time than four
days, and for other purposes therein mentioned.
A bill to alter and amend an act entitled an act to autho¬
rize the licensing Physicians in this State, to prevent apothe-
ries vending or exposing to sale within this State, drugs and
medicines without a license from the Board of Physicians,
and to prevent merchants and shop-keepers and all other
persons from compounding drugs and medicines, or either,
approved Dec., 24, 1825.
A bill to authorize the citizens of Marietta to elect their
Marshal.
A bill to authorize all persons whatever, to establish and
erect ferries and bridges on their own land.
A bill to incorporate the Mulberry Grove Manufacturing
Company in the county of Harris, and for other purposes
therein mentioned.
A bill to authorize amendments in certain cases.
A bill for the relief Duncan McDougald of the county of
Muscogee, and to appropriate to him a sum of money, and
for other purposes therein mentioned.
A bill to alter and amend an act entitled an act to alter
and amend the several acts incorporating the City of Macon,
approved December 27th, 1847, and to abolish the office
of asse ssors.
A bill to authorize William P. Cunningham of Clark
County, to plead and practice law in the Courts of Law and
Equity in this State.
A bill to authorize the Sheriffs and Coroners of Wilkinson
county to advertise their sales in one of the papers publish¬
ed either in Milledgeville or Macon.
A bill to provide for the trial, by the Superior Courts of
this State, of any slave or slaves, or free persons of color,
charged with any capital offence against the laws oi this
State.
A bill to appoint trustees for Cedar Creek Church, in
Emanuel county.
A bill to alter, and amend the third section of an act, enti¬
tled an act to amend an act to incorporate the Muscogee
Rail Road, and to punish persons for violating the provisions
of the same, approved 27th December, 1845, &c.
The following bills of the House of Representatives were
severally taken up and read the first time, to wit:
568
JOURNAL OF THE
A bill to incorporate the Stockholders of the Clarksville
Rail or Plank Road Company.
A bill to declare certain lands in the county of Ware
forfeited to the State, and to provide for disposing of the
same, and to repeal the second, third, fourth, fifth, sixth,
seventh and eighth sections of an act approved December
50th, 1847, to deelare certain lands in the county of Ware
forfeited to the State, and to provide for disposing of the
same.
A bill to regulate and give the control of the Fisheries on
the Great Ogechee river below Hill's Bridge on the Darien
Road, Bryan county, and on the Savannah river from Aber-
corn creek to the mouth of said river, to the proprietors of
the banks and islands of said rivers ; also to prevent illicit
trading with slaves and disseminating incendiary publica¬
tions.
A bill to incorporate the Habersham and Union Turnpike
Company and to grant certain privileges to the same, as to
allow the said company to abandon certain portions of the
said road, and charge the same tolls on the remaining por¬
tion of the same as the, said company is- now allowed by
law oil the whole road, and for other purposes therein men¬
tioned.
A. bill to regulate the action of Justices of the Peace in
granting peace warrants.
Mr. Anderson laid on the table the following resolution,
to wit:
Resolved hy the Senate and House of Representatives, That
his Excellency the Governor he requested to furnish the
several counties in this State with weights and measures, in
compliance with an act passed December 23d, 1859, so far
as respects the counties which have not been furnished in
compliance with said act; which was taken up, read and
agreed to.
The Senate took up as the report of the Committee of the
whole, the bill of the House, for the relief of James M. Kelly,
late Reporter of the Supreme Court of the State of Georgia.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to amend an act to incorporate
the South Westoro Rail Road Company, and for other pur¬
poses.
Mr. James E. Brown moved to amend by adding the
following proviso, to wit r
Provided siad Branch Rail Road to Florence shall not be
built until the main trunk is first fjuils according to the origi¬
nal charter and survey of the South Westerrt Rail Road
Company, or in the event that said company shall bnild
said branch, and not also at the same time build said main
senate
569
trunk according to said charter and survey, then said com¬
pany shall refund to the subscribers of stock .in said South
Western Rail Road, residents of the county of Randolph
and Early, heretofore taken, the principal amount of their
subscriptions with interest thereon; which was agreed to.—
The report as amended was agreed to, the bill was read
the third time and passed.
On motion,
The Senate adjourned until 9 o'clock Monday morning.
MONDAY, February 11, 1850.
The Senate met pursuant to adjournment.
Leave of absence was granted to Mr. Leonard for the
balance of the session after to-day, and to Mr. Quarterman
for the balance of the session after Thursday next.
< )n motion of Mr. J. R. Smith, the Senate reconsidered so
much of the Journal of Saturday as relates to the action of
the Senate upon the bill of the House of Representatives "to
authorize the appropriation of unmarked hogs, in the county
of Paulding.
On motion of Mr. Purse, the Senate took up as the report
of the Committee of the whole, the bill of the House "to
alter and amend the twenty-fourth section of the tenth divi¬
sion of the Penal Code, so far as to vest the power to abate
nuisances, founded on the opinion and the verdict of a Jury
composed of twelve freeholders, resident inhabitants within
the corporate limits of the city of Columbus, in any two or
more Justices of the Peace, in and for said city, and for
other purposes therein mentioned; which on motion of Mr-
Leonard, was postponed indefinitely.
The Senate took up the special order of the day, to wit:
The report on the bill of the House to incorporate a Bank¬
ing Company at the town of Fort Gaines, in the county of
Early, under the name and style of the South-Western Bank
of Geoigia.
Mr. Stell moved to lay the bill on the table for the balance
of the session. On which motion the yeas and nays were
required to be recorded, and are yeas 17, nays 14.
Those who voted in the affirmative, are Messrs.
Byrd, Leonard, John W. G. Smith,
Joseph E. Brown, Long, Ira E. Smith,
Chisolm, McBee, Stell,
Clark, Murphy, Turner,
Dunham, Purse, Woods.
John Jones, Rawls,
570
JOURNAL OF THE
Those who voted «n the negative, are Messrs.
Anderson, Eberhart, Andrew J. Miller,
Augustus Beall, Hines, James A. Miller,
Blackshear, Micajah Johnston, Quarterman,
James E. Brown, Thomas Johnston, Spullock.
Clayton, William Jones,
So the motion prevailed -
The Senate took up as the report of the Committee of the
whole, the bill of the House "to authorize the citi¬
zens of the town of Marietta to elect their Marshal." The
report was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House "to authorize all persons what¬
ever, to establish and erect ferries and bridges on their own
land. The report was agreed to, the bill was read the third
time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House " to authorize amendments to
be made instanter in cases of Misnomer in all judicial pro¬
ceedings."
On the first section being read as follows, to-wit:
• "And be it enacted by the Senate and House of Representa¬
tives of the State of Georgia in General*Assembly met, and it is
hereby enacted by the authority of the same, That trom and af¬
ter the passage of this act, all Misnomers made in writs, pe¬
titions, bills, or other judicial proceedings on the civil side of
the Court, shall be amended and corrected instanter with¬
out working any delay to the party having made the same."
Mr. A. J. Miller moved to amend by inserting after the
words "working any" and before the word "delay," the
word " unnecessary;" which was agreed Lo. The repoit as
amended was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to provide for the trial by the
Superior Courts of this State, of any slave or slaves or free
person of color, charged with any capital offence against the
laws of this State. • The report was agreed to, the bill was
read the third time and passed. '
The Senate took up as the report of the Committee of the
whole, the bill of the House to authorize William P. Cun¬
ningham of Clark county to plead and practice law and
equity in this State. The report was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to alter and amend the third
section of "an act to amend an act to incorporate the Mus¬
cogee Rail Road, and to punish persons for violating the pro-
SENATE.
571
visions of the same, approved 27th December, 1845. The
report was agreed to, the bill was read the third time and
passed.
Mr. Stell from the Committee on Enrolment, reports as
duly enrolled and signed by the Speaker ofthe House ofRe-
presentatives, and ready for the signature of the President
of the Senate, an act to authorize and empower the Planter's
Manufacturing Company of Butts county and their succes¬
sors, to establish a ferry on their own land at the place
known as the Seven Islands j also, to incorporate the McBean
Company. •
Also, an act to alter and change the line between the coun¬
ties of Montgomery and Telfair, so as to include the resi¬
dence of Ephraim Yann in the county of Telfair.
Also, an act to authorize his excellency the Governor to have
surveyed and sold, all the unsurveyed lands in the county of
Ware.
Also, an act to authorize Cornelius D. Terhune to construct a
dam across the Etowah river, on his own land.
Also, an act to provide an annual Sinking Fund for the
payment of the public debt.
Also, an act to incorporate a company of Cavalry in the
county of Walton* to be known under the name of the Georgia
State Guards, also, a Volunteer Rifle Company in said county,
known as the Walton Rifle Company, and to grant them
certain privileges and exemptions.
Also, an act for the relief of Ellen B. Kennedy.
Also, an act to authorize William Ezzard, Administrator on
the estate of A. H. Green, late of DeKalb county, deceased,
and Allison Nelson to establish a ferry or bridge across the
Chattahoochee river.
Also, an act to alter and fix the times of holding the
Superior Courts of the counties of Pulaski, Telfair and
Irwin.
Also, an act to change the line between the counties of
Effingham and Chatham, so as to include the residence of
George A. Keller, in the county of Chatham.
Also, an act to prevent the falling in timber, and otherwise
obstructing the channel of the river Chickamauga in the
county of Walker, and to punish persons for the same.
Also, an act to change the line between the counties of
Habersham and Franklin, so as" to add the residence of
Henry Whisenhunt and Hendrix Hays to the county of
Franklin.
Also, an act to change the lines between the counties of
Ware and Telfair, and Ware and Appling, for certain pur¬
poses therein named.
Also, an act for the relief of the securities of Jacob W.
Frost, formerly tax collector of Muscogee county.
«72
JOURNAli OV THE
Also an act relative to Constable's Bonds, and to regulate
the proceedings thereon.
Also, an act to regulate and to designate the mode and
manner in which the Clerks of the several counties of this
State shall be paid their costs on insolvent State cases.
Also., an act for the relief of all offenders against the late
laws of this State, prohibiting the introduction of slaves inco the
same for the purpose of sale, and prohibiting the sale, offer
to sell or the purchase of slaves, within a certain period af¬
ter their introduction into this State.
, Also, an act for the relief of Joseph Donaldson, of Cherokee
county.
Also, an act to repeal an act approved on the 23d Decem¬
ber, 1835, to authorize and empower the Surveyor General to
record all plats of surveys made on head rights, before
granting the same.
On motion of Mr. Stell, the order was suspended and cer¬
tain resolutions heretofore laid on the table, in relation to the
establishment of Sunday School Libraries, were taken up.
Mr. Long offered as a substitute for the first resolution,
the following, to wit:
' " Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That the Treasu-
surer be and he is hereby authorized and required to retain
in the Treasury, the sum of ten dollars out of the per diem
pay of each member of the General Assembly, to be drawn
by the Governor and appropriated in purchasing a Sunday
School Library for each militia district in the several coun¬
ties of this State, and his Excellency the Governor be and
he is hereby authorized to pay out of the poor school fund
any additional sum that may be required to establish a Sun¬
day School Library as aforesaid."
On motion, the resolutions and substitute were referred to
the Committee on Public Education and Free Schools.
The Senhte took up as the report of the Committee of the
whole, the bill of the House «to alter and amend an act en¬
titled an act to regulate the licensing Physicians in this State,
to prevent Apothecaries vending and exposing to sale with¬
in this State, drugs and medicines, without a license from
the Board of Physicians, and to prevent merchants and shop
keepers, and all other persons, from compounding and pre¬
paring drugs and medicines, or either, approved December
24th, 1825. The report as amended was agreed to, the bill
Was read the third time and passed. .
The Senate took up as the report of the Committee of the
whole, the bill of the House "for the relief or Duncan Mc-
Dougald of the county of Muscogee, and to appropriate to
him a sum of money, and for other purposes therein men¬
tioned which on motion was referred to a select committee
consisting of Messrs. Bailey, Edmondson and Hines.
SENATE.
573
The Senate took up as the report of the Committee of the
whole, the bill of the House " to compensate the managers
of elections in the county of Wayne.
On the first section being read as follows, to wit:
" Sec- 1. Be it enacted by the Senate and House of Represen¬
tatives of the State of Georgia in General Assembly met, and it
is hereby enacted by the authority of the same, That from and
after the passage of this act, the consolidating managers of
elections in the county of Wayne, shall be entitled to receive
two dollars each as a compensation for their services as
managers as aforesaid."
Mr. Joseph E. Brown moved to amend by inserting after
the words "two dollars," and before the word "each" the
words "out of the County Treasury of said county;" which
was agreed to. The report as amended was agreed to, the
bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House " to incorporate the Mulberry
Grove Manufacturing Company in the county of Harris, and
for other purposes therein mentioned."
Mr. A. J. Miller moved to amend by adding the following
as an additional section, to-wit:
" And whereas the Ruckersville Banking Company, a cor-'
poration created under the act of 1838, authorizing the busi¬
ness of banking, and regulating the same, has paid off and
redeemed all its notes and liabilities, except a small amount,
and closed its business as a corporation, and the stockhold¬
ers therein desire to take up the mortgages given by them
when said Banking Company was formed.
Be it Jurther enacted, That the Comptroller General and
Commissioners appointed under the said act, upon its being
made to appear to them what is the amount of bills and notes
issued by said Company now outstanding, and bond, with
good and sufficient securities being given by any one or more
of the stockholders in double the amount of said bills and
notes outstanding, for the payment of the same on demand,
of either of the obligors to said bond, shall be and they are
hereby authorized to deliver up the mortgages given by the
stockholders underthe provisions of the aforesaid act;" which
was agreed to. The report as amended was agreed to, the
bill was read the third time and passed.
The following message was received from the House of
Representatives, by Mr. Harrison, their clerk :
Mr. President—The House of Representatives have passed
a bill for the relief of Emory College for taxes illegally as¬
sessed against the trustees of said College.
And a bill to levy and collect a tax for each of the politi¬
cal years 1850 and'51, and thereafter.
Mr. A. J. Miller made the following report, to' wit:
The Select Committee to whom was referred the bill rela-
*74
JOURNAL OP THE
tive to the advertisements of Sheriffs and other officers, have
had the same under consideration, and recommend the pas¬
sage of the bill, with the amendments reported by the Com¬
mittee.
On motion, the Senate took up the bill as the report of the
Committee of the whole. The amendments proposed by the
Select Committee, were agreed to.
Mr. Jos. E. Brown moved to amend by adding the fol¬
lowing, as an additional section, to wit:
"And be it further enacted, That all Deputies of Sheriffs or
other officers herein mentioned, shall advertise in the same
papers in which their principals advertisewhich was
agreed to. The report as amended, was agreed to; the
bill was read the third time and passed.
The Senate took up a§ the report of the Committee of the
whole, the bill of the House, to authorize the Inferior Court
of the county of Cass to levy an additional tax for the years
1850 and 1851. The report was agreed to; the bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to authorize the Sheriff and
Coroners of Wilkinson county to advertise their sales in one
of the papers published either at Milledgeville or Macon ;
which on motion was postponed indefinitely.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to incorporate the Hydraulic
Company, of the city of Savannah, and for other purposes
therein named.
Mr. Long moved to amend the 12th section, by adding the
following proviso, to wit:
" Provided that nothing contained in this act shall autho¬
rize the closing of the said Canal, or diverting it from its
original purposewhich was agreed to. The report as
amended, was agreed to ; the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to give Grand Jurors of Cass
county the same compensation that is allowed Petit Jurors
in said county. The report was agreed to; the bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to empower Abram S. Cowan,
of Walton county, administrator on the estate of George
Cowan, deceased; of De Kalk county, to return his acting
and doings as such administrator in Walton county ; which
on motion, was referred to the Committee on the Judi¬
ciary.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to appoint Trustees for Cedar
'SENATE.
575
Creek Church, in Emanuel county. The report was agreed
to, the bill was read the third time and passed.
The Seriate took up as the report of the Committee of the
whole, the bill of the House to authorize and require the Jus¬
tices of the Inferior Courts of Gilmer and Walker counties
to proportion the poor school fund of said counties among
the several districts, &c. The report was agreed to, the
bill was read the third time and passed.
Mr. Bailey made the following report, to wit:
The Judiciary committee to whom was referred the bill
of the House to alter and amend the several acts incorpo¬
rating the city of Griffin, have considered the same, and
direct the same to be reported with an amendment.
On motion, the Senate took up the bill as the report of
the Committee of the whole, the following substitute offered
by the Judiciary Committee was received in lieu of the
oiiginal bill, to wit:
A bill to be entitled an act to alter and amend the several
acts incorporating the City of Griffin.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Georgia in Geneial Assembly met, and
it is hereby enacted by the authority of the same, That the Mu¬
nicipal Government of the city of Griffin shall consist of a1
Mayor and eight Aldermen, who are hereby constituted a
body corporate under the name and style of " Mayor and
Council of the city of Griffin," and the charter of said city
shall be and it is hereby declared to be the same as the pre¬
sent charter of the city of Augusta; and the said Mayor and
Council of the city of Griffin shall be elected as is'provided in
said charter for the election of Mayor and Aldermen of the
city of Augusta, and shall be entitled to all the corporate
privileges enjoyed by the corporate authorities of the city
of Augusta.
Be it further enacted, That all laws and parts of laws
militating against this act, be and the- same are hereby re¬
pealed. The report as amended was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House entitled an act to repeal an act
to authorize the'Inferior Court of Lumpkin county to levy an
extra tax for county purposes.
Mr. Woods moved tp amend by offering the following as
a substitute to the bill, to wit:
An act to repeal an act passed the 27th day of December,
1845, authorizing the Inferior Court or a majority of them,
to levy an extra tax not exceeding fifty per cent on the State
tax of said county.
" Be it enacted by the Senate and House of Representatives of
the State of Georgia in General Assembly met, and it is hereby
enacted by the authority of the same, That the Inferior Court
of the county of Lumpkin shall not be allowed to levy a tax
576
JOURNAL OF THE
exceeding one hundred per cent on the State tax of said
county.
Be it further enacted, That all laws jind parts of laws mili¬
tating against this act, be and the same are hereby repealed.
The substitute was received. The report as amended was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to incorporate the Central
Horticultural Association* of this Slate*. The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to alter and amend an act to
organize the Lunatic Asylum of the State of Georgia, and to
provide for the government of the same, and to appropriate
a sum of money for the same, assented to on the tenth of De¬
cember, 1841; which on motion was referred to the Com¬
mittee on the Lunatic Asylum.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to incorporate the Wellington
Academy, of Morgan county, and appoint Trustees for the
same.
Mr. Ira E. Smith moved to amend, by adding the follow¬
ing, as an additional section, to wit:
" And be it further enacted^ That Jatnes Graham, Thomas
D. Goodwyn, Miles Jones, George E. Smith, William
Overby, Isham Smith and J. E. P. Hunnicut, and their suc¬
cessors in office, be and they are hereby appointed trustees
of the Longstreet Academy in the county of Coweta; and
that the said trustees of the Longstreet Academy, be and
they are hereby invested with all the rights and privileges
hereby conferred by the act incorporating the Wellington
Academy in the county of Morgan which was agreed to.
The report as amended, was agreed to, th bill was read
the third time and passed.
The following bills of the House were taken up, read the
second time, and referred to the Committee of the whole, to
wit: ' .
A bill to regulate the action of Justices of the Peace in
granting peace warrants.
A bill to regulate and give the control of the fisheries on
the Great Ogech'ee River, below Hill's Bridge on the Darien
road, in Bryan county, and on the Savannah River from
Abercorn Creek, to the mouth of said river to the proprietors
of the' banks and islands, &c. of said rivers; also to prevent
illicit trading with slaves, and disseminating incendiary pub¬
lications.
A bill to declare certain lands in the county of Ware, for¬
feited to the State, and provide for the disposing of the same;
also, to repeal the second, third, fourth, fifth* sixth, seventh
and eighth sections of an act approved December 30th, 1847.
.senate.
577
to declare certain lands in the county of Ware, forfeited to
the State, and to provide for disposing of the same.
A bill to incorporate the Habersham and Union Turnpike
Company, and to 'grant certain privileges to the same,
as to allow the said Company to abandon" certain portions
of the said road, and charge the same tolls on the remaining
portion of the same, as the said Company is now allowed by
law on the whole road, and for other purposes therein men¬
tioned.
A bill of th'e.House of Representatives, to incorporate the
Stockholders of the Clarkesville Rail or Plank Road Com¬
pany, was taken up, read the second time, and on motion,
made the special order for the first day of June next.
The following bills of the House were taken up and read
the first time:
A bill for the relief of Emory College, for taxes illegally
assessed against the trustees of said College.
A bill to levy and collect a tax for each of the political
years 1850 and 1851, and thereafter.
On motion,
The Senate adjourned until three o'clock, P. M.
Three o'clock, p. m.
The Senate met pursuant to adjournment.
The Senate took up as the report of the Committee of the,
whole, the bill of the House, to authorize Osborne Reaves to
establish a ferry across the Oustanaula river in the county
of Cass, on fractions number 322 and 323, lying between the
14th and 15th districts of the 3d section. The report was
agreed to; the bill was read the third time and passed.
The Senate took up as the report of the Committee of
the whole, the bill of the House, to authorize John C.
Rodgers, Ezekiel H. Adams, and Edward Brooks, of Macon
county, to establish a Ferry across Flint River, on their own
lands, to be located on fractions 66 in the first, an j 236 in
the fifth district of said county. The report was agreed to,
the bill was read the third time and passed.
" Mr. Chisolm made the following report:
"The Select Committee to whom was referred "the bill
to be entitled an act to authorizeaexecutors and administra¬
tors or guardians to sell at public outcry, with the consent of
the Courts of Ordinary, all insolvent or doubtful notes, bonds
or other obligations belonging to the estate of their testator
or intestate or ward," and " the bil'l to be entitled an act to
prohibit sheriffs and their deputies from becoming directly or
indirectly purchasers of property at Sheriff's sales, to revoke
titles taken or held by them for property so purchased, and
to make penal flie violation of this act," have had the same
under consideration, and have directed me to report the first
37
578
JOURNAL OF THE
named bill back to the Senate with amendments, and recom¬
mend its passage, and to report the second named bill back
to the Senate and recommend its passage as originally re¬
ported, without any amendment."
Tbe Senate took up as the report of the Committee of the
whole, the bill of the House, in relation to Executors and
Administrators and Guardians; the amendment proposed by
the select committee, was agreed to. The report as amend¬
ed was agreed to, the bill was read the third time and
passed.
The Senate took up as the report of tbe Committee of the
whole the bill of the House to prohibit Sheriffs and their
Deputies from becoming directly or indirectly purchasers of
property at their own sales, to vacate all titles taken or held
by them for property so purchased, and to make penal the
violation of this act."
On reading the following part of the first section, to-wit:
" That from and after the passage of this act, no Sheriff or
D.eputy Sheriff shall be permitted to purchase any property
whatever sold by himself, nor any Sheriff, property sold by
his Deputy, nor any Deputy Sheriff, property sold by his
principal or other Deputy of said principal, either directly
upon his own bid, or indirectly upon the bid of any other
person."
Mr. Murphy moved to amend by adding the following af¬
ter the words "any other person" "without proclaiming
aloud to the bystanders at the time the bid is made, that he
is interested, or that it is his bid." On which motion, the
yeas and nays were required to be recorded, and are yeas 10,
nays 18.
Those who voted in the affirmative, are Messrs.
Byrd, Dunham, Murphy,
Joseph E. Brown, Micajah Johnston, Spullock,
Clark, Thomas Johnston, Turner.
Clayton,
Those who voted in the negative, are Messrs.
Bailey, Edmondson, Purse,
Augustus Beall, Ferrell, Quarterman,
Biackshear, Grubbs, John W. G. Smith,
James E. Brown, Hines, James R. Smith,
Chisolm, Andrew J. Miller, Ira E. Smith,
Eberhart, James A. Miller, Stell.
So the motion was lost.
Mr. Bailey moved to amend further, by adding the fol¬
lowing as an additional section, to wit:
" And be it further enacted, That henever a Sheriff or
his Deputy shall levy upon any negro property, he shall not
be allowed to charge in any case or reeding and keeping, or
SENATE,
579
any other necessaries furnished such negro or negroes in such
cases where the services of such negro so levied on has been
applied to the use of said Sheriff or his Deputy, prior to the
sale and pending the levywhich was agreed to. The re¬
port as amended was agreed to, the bill was read the third
time, and on the question "shall this bill now pass?" the
yeas and nays were required to be recorded, and are yeas
18, nays 12.
Those who voted in the affirmative, are Messrs.
Bailey, Edmondson, James A. Miller,
Augustus Beall, Ferrell, Quarterman,
James E. Brown, Grubbs, John W. G. Smith,j
Joseph E. Brown, John Jones, James R, Smith,
Chisolm, Love, Ira E.Smith,
Dunham, Andrew J. Miller, Stell.
Those who voted in the negative, are Messrs.
Byrd, Eberhart, Murphy,
Blackshear, Hines, Purse,
Clark, Micajah Johnston, Spullock,
Clayton, Thomas Johnston, Turner.
So the bill was passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House " to amend an act approv¬
ed December 17th, 1847, entitled an act to authorize parties
to compel discoveries at common law;" which on motion,
was referred to the Committee on the Judiciary.
Mr. Bailey made the following report:
The Judiciary Committee to whom was referred the fol¬
lowing bills, to wit:
A bill of the House " to direct the manner in which exe¬
cutions against incorporate Joint Stock Companies shall be
enforced," and the bill of the Senate " for the protection of
bona fide purchasers of negroes and other moveable proper¬
ty," have considered, and direct the same to be reported
back to the Senate unfavorably.
On motion of Mr. Bailey, the report was taken up, read
and agreed to.
The Senate took up as the report of the Committee of the
whole, the bill of the House " to permit certain citizens of
the county of Sumter, to exercise the rights of citizenship
in the county of Marion."
Mr. John W. G. Smith offered as a substitute for the bill,
"a bill to be entitled an act to change the line between,the
counties of Sumter and Marion, so far as to add the lot of
land in Sumter county whereon William Aycock and Isaac
Avcock now reside, to the county Lof Marion." The sub¬
stitute was received. The report as anfbnded was agreed to,
the bill was read the third time and passed.
580
JOURNAL OF THE
The Senate took up as the report of the Committee of the
whole, the bill of the House "to authorize the settlement of
prosecutions in certain cases, and to regulate more particu¬
larly the duties of the Attorney and Solicitors' General, and
to fix their liabilities."
On the third section being read as follows, to wit:
" And be it further enacted, That upon bill found by a
Grand Jury for any offence not embraced in the provisions
of the first section of this act, the case shall be submitted to
a Petit Jury, and a verdict rendered thereon."
Mr. A. J. Miller moved to amend by striking out the whole
section and inserting in lieu thereof, the following, to wit:
And be it further enacted, That upon bill found by a Grand
Jury for any offence not embraced in the provisions of the
first section of this' act, the case shall not be settled without
the consent of the prosecutor shown to the Court, nor with¬
out the consent of the Court, by order, entered on the min¬
utes which was agreed to. The report as amended was
agree'd to, the bill was read the third time and passed.
On motion of'Mr. Love, the Senate took up the report and
resolution upon the memorial of Howell Cobb in relation to
publishing the Criminal Statutes of Georgia.
On reading the following part of the second resolution,
to wit:
" Resolved, 2d. That should said Committee, after a care¬
ful examination, report favorably of said proposed publica¬
tion, then his Excellency the Governor be authorized and re¬
quested to subscribe for such number of copies as he may
deem proper for the use of the State.
Mr. Bailey moved to amend by striking out the words
"such number" and inserting in lieu thereof, "five hun¬
dred," which was agreed to, the resolution as amended was
agreed to.
The Senate took up as the report of the Committee of the
whole, the bill to prohibit the introduction of incendiary
documents into this State from the non-slaveholding States
of this Union, and to forfeit all goods introduced contrary
to the provisions of this act."
Mr. Bailey offered as a substitute for the bill, a bill " to
require the Governor of this State to demand fugitive slaves
of the Governor of any other State in which such fugitive
shall have taken refuge, and to provide for indemnifying the
owner of such fugitive, in case of refusal on the part of the
Governor of the State to which such slave has fled, to deliv¬
er him in Savannah within three months from the time
of demand being made."
• Mr. A. J. Miller moved to postpone the bill and substitute
indefinitely. Upon which motion the yeas and nays were
required to be recorded, and are yeas 15, nays 11.
SENATE.
581
Those who voted in the affirmative, are Messrs.
Augustus' Beall, Eberhart, James A. Miller,
Byrd, Ferrell, Murphy,
James E. Brown, Mieajah Johnston, Purse,
Chisolm, Thomas Johnston, Quarterman,
Clayton, Andrew J. Miller, Woods.
Those who voted in the negative, are Messrs.
Bailey, Cochran, John W. G. Smith,
Blackshear, Grubbs, Ira E. Smith,
Joseph E. Brown, John Jones, Stell,
Clark, Love, Turner.
So the motion prevailed.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have agreed
to a resolution directing the Secretary of State to alter the
name of William Mesander to that of William Alexander, as
Senior Warden of Dawson Lodge No. 67, in the act now un¬
der seal in the Secretary of State's Office, to incorporate cer¬
tain Masonic Lodges; to which they ask the concurrence of
the Senate.
The Senate took up as the report of the Committee of the
whole, the bill of the House "to authorize the appropriation
of unmarked hogs in the county of Paulding."
Mr. James E. Brown moved to lay the bill on the table
for the balance of the session. On-which motion the yeas
and nays were required to be recorded and are yeas 21,
nays 6.
Those who voted in the affirmative, are Messrs.
Byrd, Ferrell, James A. Miller,
Blackshear, • Grubbs, Murphy,
James E. Brown, Mieajah Johnston, Quarterman,
Chisolm, Thomas Johnston, Rawls,
Clark, Love, John W. G. Smith,
Clayton, McRae, Stell,
Eberhart, Andrew J. Miller, Woods.
Those who voted in the negative, are Messrs.
Bailey, Joseph E. Brown, Ira E. Smith,
Augustus Beall, John Jones, Turner.
On motion of Mr. A. J. Miller the Senate took up and con¬
curred in the following preamble and resolution from the
House of Representatives, to wit;
"Whereas the consolidating Committee in transcribing
the provisions of various particular bills for the incorporation
of Masonic Lodges, into a general bill for the same purpose,
did by mistake put the name "William Mesander" for
"William Alexander, as Senior Warden of "Dawson
582
journal. of the
Lodge, No. 67 and whereas the said general bill is now
under seal as a law of this State,
" Resolved by ike General Assembly of the State of Georgia,
That the Secretary of State be and he hereby is directed to
make the correction above indicated in the said general bill."
On motion,
The Senate adjourned until 9 o'clock to-morrow morning.
TUESDAY, February 12, 1850.
The Senate met pursuant to adjournment.
Mr. James E. Brown moved to reconsider so much of the
Journal of yesterday as relates to the rejection of the bill of
the House to incorporate a Banking Company at the town
of Fort Gaines in the county of Early, under the name and
style of the South Western Bank of Georgia. On which
motion the yeas and nays were required to be recorded,,
and are—yeas 16, nays 14.
Those who voted in the affirmative, are Messrs.
Thomas Johnston,
Love,
Andrew J. Miller,
James A. Miller.
Quarterman.
Bryan,
Chisolm,
Cochran,
Micajah Johnston,
Anderson, Clark,
Bailey, Clayton,
Augustus Beall,| Eberhart,
Byrd, Ferrell,
Blackshear, Grubbs,
James E. Brown*
Those who voted in the negative, are Messrs.
Joseph E. Brown, John Jones, Ira E. Smith,
McBee, Stell,
Mosely, Turner,
Murphy, Woods.
Purse*
So the motion to reconsider prevailed.
Mr. Bailey moved to reconsider so much of the Journal
of yesterday as relates to the action of the Senate on the bill
to prohibit the introduction of incendiary documents into
this State from the non-slaveholding States of the Union,
and to forfeit all goods introduced contrary to the provisions
of this act. On which motion, the yeas and nays were re¬
quired to be recorded, and are yeas 18, nays 10.
Those who voted in the affirmative, are Messrs.
Anderson, Clark, McBee,
Bailey, Cochran, Rawls,
Byrd, Dunham, John W. G. Smith,
Blackshear, Grubbs, Ira E.Smith,
Joseph E. Brown, Thomas Johnston, Turner,
Chisolm, John Jones, Woods.
SENATE.
583
Those wno voted m the negative, are Messrs.
Eberhart, ' James A. Miller, Quarterman,
Ferrell, Murphy, James R. Smith,
Himes, Purse, Slell.
Andrew J. Miller,
So the motion prevailed.
On motion of Mr. Ferrell, the Senate reconsidered so much
of the Journal of yesterday as relates to the passage of the
bill of the House to authorize all persons whatever to estab¬
lish and erect ferries and bridges on their own land.
Leave of absence was granted to Mr. James E. Brown,
until Thursday next.
On motion of Mr. Clark, the reconsidered bill of the House
to incorporate a Banking Company at the town of Fort
Gaines in the county of Early, under the name and style of
the South Western Bank_of Georgia, was taken;up and made
the special order fqr Thursday next.
Mr. Chisolm made the following report:
The Committee on Public Education, to whom was re¬
ferred the resolution authorizing the Governor to retain a
portion of the Poor School Fund, for the purpose of pur¬
chasing a Sunday School library for each militia district in
this State, have had the same under consideration, and beg
leave to report: that notwithstanding their .partiality for
Sabbath Schools, and the many advantages derived from
such institutions, they consider it as perverting the great ob¬
ject for which the poor school fund was raised, arid contrary
to the genius of our free institutions, fostering one sect of
religion more than another, and hence they consider it un¬
wise and impolitic to adopt either the original resolution or
substitute.
The Senate took up as the report of the Committee of the
whole, the bill of the House to alter and amend an act enti¬
tled an act to alter and amend the several acts incorporating
the City of Macon, approved Dec., 27, 1847, and to abolish
the office and duty of assessors. The report was agreed to,
the bill was read the third time and passed. ,
The Senate took up as the report of the Committee of the
whole, the bill of the House to declare certain lands in the
county of Ware forfeited to the State, and to provide for dis¬
posing of the same, and to repeal the 2d, 3d, 4tb, 5th, 6th,
7th and 8th sections ol an act approved December 50th,
1847, to declare certain lands in the county of Ware for¬
feited to the State, and to provide for disposing of the same.
Mr. A. J. Miller moved to amend by adding the follow¬
ing as an additional section, to wit:
And be it further enacted by the authority aforesaid, That
original purchasers shall have grants at the same price that
is to be paid under this act, and that all other purchaceis of
584
journal of the
public lands, whether fractions, lots or islands, be allowed
grants on the same terms tvhere the entire purchase money,
with interest, has^ been paid or is on deposite with the proper
officer, or may be paid in the time limited by this act *
which was agreed to. The report as amended was agreed
to, the bill was read the third time and passed.
On motion, the Senate adjourned until three o'clock,P. M
Three o'clock, P. Mr
The Senate met pursuant to adjournment.
The Senate took up as the report of the Committee of the
whole, the bill of the House to regulate the action of Justices
of the Peacein granting peace warrants. The report was
agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to regulate and give the control
of the fisheries on the Great Ogeecbee River, below Hill's
Bridge on the Darien road, Bryan county, and on the Savan¬
nah river from Abercon Creek to the mouth of said river,
to the proprietors of the banks and islands of said rivers;
also, to prevent illicit trading with slaves and disseminating
incendiary publications. The report was agreed to, the bill
was read the third time and passed.
Mr. Ira E. Smith made the following report:
The Committee on the Lunatic Asylum, to whom was
referred an aet to alter and amend an act to organize the
Lunatic Asylum of this Stale, have had the same under con¬
sideration and recommend its passage.
The Senate took up as the report of the Committee of the
whole,'the bill of the House to prevent the assemblage of
negroes for religious worship unless conducted by white
persons, and to prevent the licensing of negro preachers in
the county of Putnam.
Mr. Napier moved to -amend by adding the county of
" Bibb which was agreed to. The report as amended,
was agreed to, the bill was read the third time and passed".
The Senate took up as the report of the Committee of the
whole, the bill of the House to alter and amend an act to
organize the Lunatic Asylum of the State of Georgia, and
to provide for the government of ibe same, and to appropriate
a sum of money lor the same, assented to December 10th,
1843. The report was agreed to, the bill was read the
third time and passed.
Mr. Stell, from the Committee on LmoUment, reported
as duly enrolled and signed by the Speaker of the House of
Repiosentatves and ready for the signature of the President
SENATE.
585
of the Senate, an act to incorporate the Marietta Manu->.
facturing Company of Cobb county.
Also, an act to amend the second and fourth sections of
an act to provide for the education of the poor, assented to
29th ol December, 1843.
Also, an act to change the line between the counties of New¬
ton and Jasper, so far as to include within the county of
Newton, the possessions of James M. Finly and William
Garthwright.
Also, an act to add a part of the county of Newton to the
county of Jasper, and a part of Carroll county to the county
of Paulding.
Also, an act to change the time of the setting of the Court
of Ordinary, so far as relates to the county of Bulloch.
Also, an act to incorporate a Volunteer Company of In¬
fantry at Dahlonega in the county of Lumpkin, to be known
by the name apd style of the Dahlonega Blues.
Also, an act to authorize Daniel Sikes of the county of
Tatnall, to practice medicine in said county by charging
compensation therefor without a license as now by law
provided.
Also an act to incorporate the Eatonton Branch Rail
Road.
Also, an act to lay out and form a new county#from the
counties of Ware and Lowndes, and to provide for the organi¬
zation of the same.
Also, an act to alter and amend an act entitled an act to
authorize and empower executors and administrators to
make titles to land in certain cases, approved February 15,
1799.
Also, an act to compensate Petit Jurors of Lee county,
and to authorize the Inferior Court to levy a tax for said
purpose.
Also, an act to add the residence of Thomas S. Hopkins
now of the county of Wayne, to the county of Glynn, and
to add the residence of Thomas Tuton of the county of
Glynn, to the county of Wayne.
Also, an act to incorporate the Bowensville Manufacturing
Company of Carroll county, Georgia, and to give them the
privilege of peddling cotton yarns, osnaburgs and other arti¬
cles of merchandize, in the counties of Carroll, Campbell,
Gwinnett and Heard, without taking out a license therefor.
Also, an act to authorize Osborne Reaves to establish a
ferry across the Oustanaula river in the county of Cass, on
fractions of lots Nos. 322 and 323, lying between the 14 th
and 15th districts of the third section.
Also, an act to authorize the citizens of the town of Ma¬
rietta to elect their Marshal.
Also, an act to incorporate the Central Horticultural As¬
sociation of this State.
686
JOURNAL OF THE
Also, an act to give to Grand Jurors of Cass county, the
same compensation that is allowed Petit Jurors in said
county.
Also, an act to authorize William P. Cunningham of Clark
county to plead and practice law in the Courts of Law and
Equity in this State.
Also, an act to provide for the trial by the Superior Courts
of this State, of any slave or free person of color, charged
with any capital offence against the lawsaf this State.
Also, an act to appoint trustees for Cedar Creek Church
in Emanuel county.
Also, an act to authorize-the Inferior Court of the county
of Cass to levy an additional tax for county purposes.
Also, an act to authorize the Clerks of the Superior
Courts to administer oaths in certain cases, ai^d for other
purposes.
Also, an act to alter and amend the 3d section of an act
entitled an act to amend an act to incorporate the Mus¬
cogee Rail Road, and to punish persons lor violating the
same, approved Dec. 26ih, 1845, and for other purposes.
Also, an act to authorize John C. Rodgers, Ezekiel H.
Adams and Edward Brooks of Macon county, to establish
a ferry across Flint river on their own lands.
Also, an act to authorize and require the Justices of the
Inferior dourts of Gilmer and Walker counties, to proportion
the poor school fund of said counties, among the several dis¬
tricts, agreeable to the number of poor children returned by
the Magistrate, and to appoint a Treasurer to receive and
pay out the same to the teachers of each district.
Also, an act to alter and arflend an act entitled an act to
regulate the licensing Physicians in this State, to prevent
Apothecaries vending and exposing to sale within the State,
drugs and medicines without a license from the Board of
Physicians, and to prevent merchants, shop keepers and all
other persons from compounding and preparing drugs and
medicines, or either, approved December 24th, 1825.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have passed
the bill of Senate for the relief of Patrick Brady and John
Myrick of the county of Sumter,
Also, the following bills of the House of Representatives.
A bill to amend an act entitled an act to alter and amend
an act entitled an act to define the liability of sureties on
appeal, &c., approved December 26th, 1831.
A bill to appropriate money for the purchase of land and
making useful and necessary improvements in connection
with the Lunatic Asylum.
A bill to change the names of certain persons therein
named, and for other purposes.
SENATE.
587
A bill to consolidate the offices of Receiver of Tax Re¬
turns and tax Collector in the county of Jackson, and to pro¬
vide an additional fund for the payment of Grand and Petit
Jurors in said county.
, A bill to appropriate a sum of money to build a road over
the Lookout Mountain in the counties of Walker and Dade.
A bill for the relief of Thomas J. Worthen.
A bill to alter the county line between the counties of
Newton and DeKalb, Walton and Newton, and,Baker and
Thomas, and for other purposes therein mentioned.
A bill for the relief of Josiah Spurlin, Tax Collector for
the couuty of Union, for the year 1849.
The following bills of the House of Representatives were
taken up, read the second time and referred to the Com¬
mittee of the whole:
A bill for the relief of Emory College for taxes illegally
assessed against the trustees of said College.
A bill to levy and collect a tax for each of the political
years 1850 and 1851, and thereafter.
The Senate took up the following preamble and resolution
from the House of Representatives :
Whereas, the State of Georgia has appropriated six
hundred dollars in payment for the Colonial Records of the
State of Georgia from 1732 to 1735,
Be it therefore resolved by the Senate and House of Repre¬
sentatives of the State of Georgia in General Assembly convened,
That said Colonial Records be taken by the Governor of this
State and deposited in the State Library at Milledgeville,
and that every citizen of this State have free access thereto,
and full privilege to copy the same in whole or in part, for
the information of the public; which on motion of Mr. Purse,
was postponed indefinitely.
The following bills of the House of Representatives were
taken up and read the first time :
A bill to amend an act entitled an act to alter and amend
an act entitled an act to define the liability of sureties on
appeal, &c., approved December 26th, 1831.
A bill to appropriate money for the purchase of land and
making useful and necessary improvements in connection
with the Lunatic Asylum.
A bill to change the names of certain persons therein
named, and for other purposes.
A bill to consolidate the offices of Receiver of Tax Re¬
turns and Tax Collector in the county of Jackson, and to
provide an additional fund for the payment of Grand and
Petit Jurors in said county.
A bill to appropriate a sum of money to build a road over
the Lookout Mountain in the counties of Walker and Dade.
A bill for the relief of Thomas J. Worthen.
A bill to alter the county lines between the counties of
588
journal of teh
Newton and DeKalb, Walton and Newton, and Baker and
Thomas, and for other purposes therein mentioned.
A. bill for the relief of Josiah Spurlin, Tax Collector of
the county of Union for the year 1849.
On motion of Mr. Clark, the Senate took up as the report
6f the Committee of the whole, the bill to be entitled an
act to organize a new Judicial circuit, to be composed of the
counties of Macon, Dooly, Crawford, Houston and Bibb,
under the name and style of the Houston circuit, and to de¬
fine the times ol holding the same.
Mr. J. A. Miller moved to strike out of the first section of
the bill, the words "Crawford and Bibb." On which mo
tion the yeas and nays were required to be recorded, and
are yeas 18, nays 14.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, McBee,
Augustus Beall, Ferrell, McRae,
Byrd, Gonder, James A. Miller,
Joseph E. Brown, Grubbs, Mosely,
Clayton, Hines, Rawls,
Dunham, Thomas Johnston, Stell.
Those who voted in the negative, are Messrs.
Biailey, Edmondson, Quarterman,
Blackshear, John Jones, John W. G. Smith,
Bryan, Long, Ira E. Smith,
Clark, Andrew J. Miller, Turner.
Cochran, Purse,
So the motion prevailed.
On motion of Mr. Bailey the report was laid on the table
for the present.
The following message was received from his Excellency
the Governor, by Mr. Patton, his Secretary, which on motion
of Mr. Joseph E. Brown, was taken up and read as follows:
EXECUTIVE DEPARTMENT, 7
Milledgeville, 12th February, 1850. )
I herewith return to the Senate, where it originated, an
act entitled "an act to secure to the Rock Islgnd Factory
certain privileges, and legalize the building of a dam or
dams in the Chattahoochee River, and for other purposes ;
without my approval. .
The importance of the principles asserted by said bill, as
regards the Rock Island Company, the rights ol individual
citizens and of the public, are of sufficient magnitude to
claim of the Legislature, as well as. ol the Executive,
the most patient and thorough investigation. Pressing en¬
gagements, J regret to say, have not allowed me to devote
the time, or to apply the investigation to the subject I could
SENATE.
589
desire; yet I have been enabled to bestow some investiga¬
tion and reflection, and have availed myself of all the means
at my command, to aid me in arriving at a conclusion, which
is that said act ought not to become a law.
I shall confine myself mainly to two objections to the act,
although it is believed there are others that might be men¬
tioned as having an important bearing on the subject.
I hold it a sufficient objection to authorize the Governor
to withdraw his approval of an act, if it seeks to divest a ci¬
tizen of vested rights for private use—in other words, by le¬
gislation, to take the property of one citizen and invest it in
another, for privatq use—or by legislation, to give one citi¬
zen undue advantage over another, in adjudicating conflict¬
ing claims to the same property. And again, that it is has¬
ty legislation for the State to convey propert}', by grant, to
an individual or corporation, where the right or title of the
State is at all doubtful.
Second, that the right of the State to the bed of the Chat¬
tahoochee River, at the place designated in this act as Rocft
Island, if worth anything and capable of being conveyed by
bargain and sale to an individual or corporation, should be
conveyed in a manner and mode to afford an equal opportu¬
nity to all the people of the Slate to purchase, or at all events,
that a mode should be adopted whereby the market value of
the property conveyed should be obtained.
In reference to the first ground, it should be remembered
• that the heirs of Cook claim to be the owners of the fraction
al lot lying on the east margin of the Chattahoochee River,
opposite to Rock Island, and opposite to the pond of water
now raised, and intended to be raised by the authority of the
grant contained in said act. The Supreme Court of this
State, in the case of Young & Calhoun vs. Harrison & Har¬
rison, sixth vol. Georgia Reports, page 141, say: " Now, it
is well settled in England, and the doctrine is pretty uni¬
form in this country, that the proprietor of the land on the
margin, owns the bed over which the river passes; and
though it be nominally and in terms, bounded on the mar¬
gin, it extends, by construction of law, to the middle of the
stream. In this case, it reaches to the opposite bank, that
being the western boundary of the State. The public right
is one of passage, and nothing more, as in a common high¬
way ; it is called in the books an easement, and the proprietor
of the adjoining land has the right to use the land and water
of the river, in any way not inconsistent with this easement."
The facts of that case are the facts in this, with the excep¬
tion that Young & Calhoun claimed the rights to the use of
the eastern bank of the Chattahoochee and the bed of the
river for the purpose of erecting a public bridge. The Har¬
risons occupied the precise position that the representatives
of Cook do; and if there is any difference in the two cases,
690
JOURNAL OP THE
it is in favor of the heirs of Cook; for the reason that it is
very doubtful whether the Chattahoochee river, at the place
known as Rock Island, does not fall under the first class, or
" such as are wholly and absolutely private property."
Be that as it may, the opinion of the Supreme Court, as
delivered in the case referred to, is decidedly in favor of the
title ol the heirs of Cook, not merely to the centre of the
stream, but they say in this case, " it (meaning the title of
the Harrisons,) it reaches to the opposite bank that being the
western boundary of the State" If then Cook's title extends
to the western bank of the Chattahoochee, it embraces the
Rock Island Factoiy, and this bill seeks to divest them of
this property. This can only be done upon just compensa¬
tion, and that too when it is done for public use.
The Rock Island Factory is not believed to stand on the
same principle as a public road, a rail road or a public
bridge, for the construction of which, upon considerations of
o"f public policy and public convenience, in which the peo¬
ple at large are supposed to have an interest, it is held that
the Legislature can take private property upon just compen¬
sation. But if it be said the title of Cook does not extend
to the western bank, but to the centre of the stream, bearing
from the centre to the western bank the property of the
State, subject to be sold and granted with great deference to
the Legislature, I humbly conceive that would be a question
for the Judiciary, and not the Legislature, to decide.
It is vastly important that the three departments of gov¬
ernment should confine themselves to their appropriate and
respective duties—and with this opinion of our Supreme
Court before us, we are admonished not to assert a right in
the State to the bed of the river west of the place called
Rock Island. It was believed to be my duty, on one occa¬
sion, to complain of the Supreme Court as assuming juris¬
diction, as I believed, over a question not appropriately be¬
longing to them ; but my duty will no more permit me to
approve of legislative assumption over questions involving
the right of a citizen to his property, and thereby interfer¬
ing with the Judiciary, in this case than in the other.
Nor should the Legislature by its acts throw the weight of
its influence in favor of one individual where the rights of
different citizens are involved—and this reason is a sufficient
answer to the section of the act, which declares that noth¬
ing shall be so construed as to authorize the slightest in¬
fringement " upon the present legal, equitable or vested
rights of-the heirs and legatees of James C. Cook, or any
other person or persons whatever, either on the use of
the water of the Chattahoochee, or in any other respect or
manner whatever." B
The bill itself recognizes rights iri the heirs and legatees
of James C. Cook, or some other person; and therefore
SENATE.
591
provides that they are not to be effected; but still the bill
asserts, as it can be done by legislative action, that Rock
Island and the whole bed of the river west of said Island,
is the property of the State ; for the Legislature by the
terms of said bill sells it for the sum of $1,000 to the Rock
Island Company. Is it just to the heirs of James C. Cook
to say in effect, we will respect your rights to this property,
but we at the same time decide that you have none; and
therefore we sell, for a valuable consideration, the property
you claim, to strangers, with whom you can litigate in the
Courts of Justice for the assertion of your title ?
So far as the Legislature is concerned, it has decided by
the passage of this act, against the title of the heirs ofj] Cook
and all others.
The selling ofj the island and the water is absolutely con¬
clusive on this point.
As before said, if the heirs of Cook have any rights they
cannot be deprived of them by legislation. Why then at¬
tempt it ?
The act, it is true, as heretofore stated, makes a reserva¬
tion in their favor, but still, the morfient the Legislature
agreed to receive from the Rock Island Company $1000, it
not only settled the question of title for itself as against the
heirs of Cook, but goes further and protects the Rock Island
Company in the enjoyment of property of immense value, for.
the stipulated sum of $1,000.
The State is no scheming speculator to sell quit claim ti¬
tles to adventurers.
The State must know she possesses a property, a right,
in the soil or water that is sold, and be prepared to make
good all it conveys. This, it must be admitted from the au¬
thority I have referred to, is extremely doubtful, if it is not
absolutely certain, that the State has parted with all its title
by a grant to lands on the eastern bank of the river to James
C. Cook.
Again, admitting the title of the State to Rock Island^
and the bed of the river to the Western Bank, clear and un¬
questionable, and that the Legislature is willing to pledge
the faith of the State to defend its title—two objections pre¬
sent themselves to my mind against this act becoming a law.
First, the mode of disposing of this property to the Rock
Island Company. Heretofore, if not universally true, cer¬
tainly the general rule and practice has been to allow all
persons an equal opportunity to come forward and bid at
public sale, when every citizen of the State has had the
same opportunity.
This is the citizens right, and should rarely, if ever, be de¬
parted from. But in this case the Rock Island Company
are alone the contracting parties with the State, and no
JOURNAL OF THE
0
other individual or corporation, not even the heirs of Cook
are permitted to come in competition in open market.
But it may be said that a ibrmer Legislature made a simi¬
lar grant, and in like manner to the city of Columbus.
Without stopping to draw the analogy or compare the con¬
siderations of public policy that may have operated on the
judgment of the present or former Legislature, I have only
to say that an error committed then will not be remedied
by a repetition of the same one how.
But it may be said that this enterprising company, asking
of the. Legislature Rock Island, commend themselves to the
favor and approbation of the people of Georgia, by the intro¬
duction of a new branch of manufacture in the State, namely :
that of paper-making in all its varieties. None feel more
gratified at the introduction of this and all other manufac¬
tures than I do, none would go farther to protect their rights,
or wish them more sincerely than myself, the realization of
remunerating profits.
But these feelings are no justification for the indiscreet
conduct of this company, which, without the vestige of title,
without the shadow of right, without the permission, consent
or approbation of any individual, the authorities of the State
or the Legislature, immediately upon its organization, erect¬
ed upon or near" the western bank of the Chattahoochee, a
paper mill, threw a dam across the river to Rock Island, be¬
came the owner of lands in Alabama, erected all necessary
improvements for their operations in that State, in fine, put
their mill in successful operation, and now apply to the
Legislature to give them the property thus occupied.
If from the centre of the stream to the western bank of the
Chattahoochee is the property of the State, when it is re¬
membered that from Columbus to West Point is a succes¬
sion of shoals and water power to an extent unsurpassed on
any stream in the State, should not the Legislature deliberate
before it invites a similar repetition of acts on the part of
others.
Is it the policy or interest of Georgia to encourage the ap¬
propriation of the water power on the western bank of the
Chattahoochee river to manufacturing purposes by the citi¬
zens of Alabama ?
In no aspect of the case can I perceive any special merit
in the conduct of the Rock Island Company, that would jus¬
tify the Legislature in taking part with them against the
rights of others, and conveying to them property, which if it
belongs to the State, is equally the property of every citizen,
and when disposed of should be done in a manner that will
allow all an opportunity of competing for it. At all events,
justice to the great body of the people, imperiously demands
of those charged with the high duty of protecting their inte¬
rest^, to see that when the public property is parted with,
senate.
593
*
that a fair opportunity be afforded by which its value can be
obtained. GEO. W. TOWNS.
Mr. A. J. Miller moved that the Senate take up and pass
the bill by a constitutional majority, and on the question
"shall this bill now pass?" the yeas and nays were re-'
quired to be recorded, and are yeas 14, nays 19.
Those-who voted in the affirmative, are Messrs.
Anderson,
Augustus Beall,
Byrd,
Clayton,
Eberhart,
FerrellH
Gonder,
Hines,
Thomas Johnston,
McRae,*
Andrew J. Miller,
James A. Miller,
Quarterman,
James R. Smith.
Those who voted in the negative, are Messrs.
Bailey, John Jones,
Blackshear, - Long,
Joseph E. Brown, McBee,
Bryan, Mosely,
Clark, Murphy,
Cochran, Purse,
Grubbs,
There not being a constitutional majority in favor of the
bill, it was lost.
On motion,
The Senate adjourned until 7 o'clock, P. M.
Rawls,
John W. G. Smith,
Ira E. Smith,
Spullock,
Stell,
Turner.
Seven o'clock, P. M.
The Senate met pursuant to adjournment.
The following message was received from the House of
Representatives by Mr. Harrison their Clerk:
Mr. President—The House of Representatives has this day
passed a bill to appropriate money for purposes therein men¬
tioned, which on motion, was taken up and read the first
time.
On motion,
The Senate adjourned until nine o'clock, to-morrow morn¬
ing.
WEDNESDAY, February 13th, 1850.
The Senate met pursuant to adjournment.
Leave of absence was granted to Mr. Stell for the bah-
ance of the session, after Saturday next.
38
594
JOURNAL. OF THE
Also, to Mr. Joseph E. Brown, for the balance of the ses¬
sion, after to-morrow.
Mr. A. J. Miller presented the memorial of James Ed-
mondson, in relation to Lot of Land No. 43, in the 3d dis¬
trict of Coweta county, with accompanying papers ; which
on motion, was referred to a Select Committee, consisting
of Messrs. A. J. Miller, Purse and Anderson.
The Senate took up as the report of the Committee of the
whole, the bill of the House, for the relief of Emory Col¬
lege, for taxes illegally assessed against the Trustees of said
College. The report was agreed to; the bill was read the
third time and passed.
The Senate then went into Committee of the whole, on
the bill of the House, (Mr. Stell in the chair,) to levy and
collect a tax for each of the political years 1850 and 1851,
and thereafter.
After some time spent therein, the Committee rose and
reported the bill to the Senate, with amendments.
On motion, the report was taken up.
Mr. Cochran offered as a substitute to the bill, the fol¬
lowing, to wit:
A bill to be entitled an act for the imposition and collec¬
tion of Taxes for the year 1850, and therafter.
" Sec. 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 aforesaid, That from and
after the, passage of this act, all real and personal estate and
moneys in hand, due or to become due, from solvent debt¬
ors, on note, bond, bills, drafts, judgments, mortgages, book
accounts or other evidences of debt on the first day of Janua¬
ry, 1850, and on the first day of January, in each succeed¬
ing year thereafter, whether owned by individuals or corpo¬
rations, shall be liable to taxation, subject to the exemption
hereinafter specified—provided that this section shall not be
so construed as to impose a tax on property in any other
State, and belonging to citizens of this State, except debts
due by solvent debtors."
" Sec. 2. And be it further enacted, That the following
property shall be exempted from taxation, viz:
AH exempted by the Constitution of this State, or under
the Constitution of .the United States ; all lands belonging
to this State or the United States ; every building erected
for the use of and used by a college, incorporated academy
or other seminary of learning; every building for public
worship; every school house, court house and jail, and the
several lots whereon such buildings are situated, and all
the furniture belongingto each of them; all books ; philoso¬
phical aparatus not held as merchandise and for the purpose
of sale ; every poor house, alms house, house of industry,
and any house belonging to any .charitable institution; ancf
senate.
595
the real and personal estate belonging to any charitable in¬
stitution, or connected with the same ; the real and personal
estate of any public library society, or other literary asso¬
ciation ; all stocks owned by the State; all plantation tools;
all agricultural products, poultry, and kitchen furniture; all
household furniture, under the value of three hundred dol¬
lars, not held as merchandise or for the purpose of sale; all
property exempted by law from execution, which has been
set £part by the Inferior Court for the use and support of
honest debtors' families, under the insolvent laws of this
State ; the holder of stock in any incorporated company lia¬
ble to taxation on its capital, shall not be taxed as an indi¬
vidual for such stock. That when a Joint Stock Company'
is not liable to taxation on its capital, the holder of stock in
such company shall not be exempt from taxation on his
stock; and all notes held as a consideration for property-
subject to be taxed."
" Sec. 3. And be it further enacted, That each and every
male citizen, between the ages of twenty-one and fifty, shall
be taxed annually the sum of thirty cents."
" Sec. 4. And be it further enacted, That each free negro,
between the ages of fifteen and sixty years, shall pay the
sum of five dollars per annum, in default of the payment of
which, it shall be the duty of the Tax Collector in each of
the counties of this State, to hire out such defaulter for a
length of time sufficient to raise such tax and cost of the
proceedings for such purpose."
" Sec. 5. And be it further enacted, That every person on
giving in his tax returns, shall specify byname, what negro
or negroes he or she may hold in the right of or for the bene¬
fit of such negro or negroes, and for every negro so held, the
person so holding such negro or negroes, shall pay a tax of
one hundred dollars."
" Sec. 6. And be it further enacted, That the Receiver of
Tax Returns in each county, shall receive all returns made
to him on the oath of the person making them, and at such
valuation as they may affix; and if any person shall fail to
make a return, or affix a value to their property, the Re¬
ceiver shall, from the best information in his power to ob¬
tain, enter in his Digest, a list of his, her or their taxables
so refused or neglected to be returned, and assess thereon a
double tax."
" Sec. 7. And be it further enacted, That the Receiver of
Tax Returns shall require all persons to give in a statement
of the number of acres of land he may own, and its value,
and the value of the buildings, machinery, toll bridge or
bridges, toll gate or gates, ferry or ferries on the same, the
number of negroes he may awn, and the aggregate value of
them—and also the aggregate amount of all other' chattels,
moneys on-hand, debts due or to become due fromsolvent
596
journal op the
debtors, in whatsoever form, separately or in the aggregate,
and each classification, shall be entered in separate columns,
and that eachiTax Receiver in this State, shall by the first
day of June, in the year eighteen hundred and fifty, and by
the first day of January in each succeeding year, make out
and return a Digest of the same to the Comptroller General,
and deposit a copy of said Digest in the office of the Clerk
of the Superior Court for public inspection at all times."
" Sec. 8. And be it further enacted, That if any Receiver
of Tax Returns shall fail to return his Digest, unless for
good and sufficient cause, to be approved by the Governor,
he shall incur the penalty of one thousand dollars, which
shall be collected of him or his securities, by execution, as
in case of defaulting Tax Collectors, under existing laws."
Sec. 9. And be it further enacted, That whenever in any
county, there shall be a failure to elect a Receiver of Tax
Returns or Tax Collector, or the office of either shall become
vacant by death or otherwise, so that the digest will proba¬
bly not be returned in due time, or the taxes fail to be col¬
lected, it shall be the dhty of the Justices of the Inferior
Court, or a majority of them, to assemble iorthwith, and no¬
tify the Governor of such probable failure, and appoint some
proper person, to fill such vacant office or offices, upon giv¬
ing to said Court a bond with ample securities, executed in
proper form and for a proper amount, and his Excellency the
Governor is hereby required to furnish the several Receiv¬
ers with blank forms, by which they shall make out their
Digest, and all Digests after being returned, shall be bound
and labelled."
Sec. 10. And be it Jurther enacted, Tnat the Receivers of
Tax Returns throughout this State, shall administer to each
and every person giving in his or her taxables, the following
oath: You do solemnly swear or affirm (as the case may
be,) that the account' which you now give in, is a just and
true account of all the taxable property which you were
possessed of, held or claimed, on the first day of January
last, was interested in, or entitled to, either in your own
right, or in the right of any other person or persons whatso¬
ever, as parents, guardians, executors, administrators, agent
or trustee, or "in any other manner whatever, except such
as you have or will return and give in, (if any such you
own,) in any other county in this State, agreeable to the pro¬
visions of an act of the Legislature of this State, approved
on the 24th December, 1847, and that it is not worth wore
than the valuation you have affixed to it, to the best of your
knowledge, so help you God
" Sec. 11. And be it further enacted, That when the Comp¬
troller General shall have received all of said Digests, he is
hereby required to examine the^ same carefully, to detect
any error or errors therein contained* and having corrected
senate.
597
the same, if errors shall be found to exist, he shall then foot
up each column, and ascertain* the aggregate amount of
each and all the Digests, and report the same to His Ex¬
cellency the Governor, who, with the assistance of the Trea¬
surer and Comptroller, shall assess such a rate per cent, on
the entire amount, as will raise an amount of revenue cor¬
responding to the aggregate amount of appropriations made
for the year, and notify the several Tax Collectors through¬
out the State, of the rate per cent, so imposed, and the
amount to be collected by him in his county."
" Sec. 12. And be it further enacted, That when any per¬
son or persons by himself, herself or themselves, or an
agent, shall make oath before any officer by law authorized
to administer the same, that a tax execution is proceeding
against him, her or them illegally, the same shall be tried
before the next Superior Court of the county where such
person or persons, or agent may reside, as in other cases of
illegality, and if upon the trial of the issue, the decision shall
be in favor of the illegality, the tax shall be remitted to the
true and proper amount; but if the decision is against the
party moving in the illegality, then a new execution shall
issue against him, her or them for double the amount of the
tax first assessed, provided it should appear that such illega¬
lity was interposed for the purpose of delay."
" Sec. 13. And be it further enacted, That the Tax Re¬
ceivers and Collectors shall receive the same compensation
now allowed by law, except the county of Chatham, whose
Collector shall receive the same commission as is now al¬
lowed to counties whose digest is less than ten thousand dol¬
lars, and to nett the digests as provided for in the 7th sec¬
tion of the act of 1845, for the Receivers, the default list
shall be deducted; and for the Collectors, the insolvent list
shall be deducted from the total amount of the digests."
"Sec. 14. And be it further en feted, That all laws and
parts of laws militating against this act, except such parts
of the tax acts now in force in this State as may be neces¬
sary to carry out this act, and which are declared in full
force, be, and the same are hereby repealed."
Mr. Joseph E. Brown moved to postpone the subject in¬
definitely. Upon which motion, the yeas and nays were re¬
quired to be recorded, and, are yeas 27—nays 10.
Those who voted in the affirmative, are Messrs.
Augustus Beall, Grubbs, Mosely,
Byrd, Hines, Murphy,
Blackshear, Micajah Johnston, Purse,
Joseph E. Brown, Thomas Johnston, Quarterman,
Clark, Williarfi Jones, Rawls,
Dunham, John Jones, John W. G. Smith,
Eberhart, Bong, Ira E. Smith,
Ferrell, McBee, Spullock,
Gonder, McRae*^_ Turner,
598
JOURNAL OF THE
Those who voted in the negative, are Messrs.
Anderson, Cochran, James R. Smith,
Bailey, Andrew J. Miller, Stell.
Elias Beall, Napier, Woods.
Clayton,
So the motion prevailed.
The following Message was received from His Excellen¬
cy the Governor, by Mr. Patton, his Secretary.
Mr. President—His Excellency the Governor, has ap¬
proved and signed the following acts :
An act to alter and amend the third section of the first
article of the Constitution of this State.
An act to authorize Notaries Public to administer oaths,
See.
An act to change and fix the time of holding the Superior
Courts in the counties of Cobb, Campbell, Carroll, Heard
and Troup, of the Coweta Circuit, and for other purposes
therein named.
An act to amend the act incorporating the Bank of Bruns¬
wick.
The following resolutions have also been assented to and
signed by the Governor:
The report and resolutions of the Committee on the State
of the Republic, relative to the correspondence between the
Executive of Georgia and Florida.
The report and resolutions of the Joint Select Committee
to whom was referred the 'memorial of Thomas R. R. Cobb,
proposing to digest the Statute Laws of Georgia.
Resolution in relation to a mail route from Marietta to
Canton, in this State.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
agreed to the amendments of Senate to the bill of the House,
to incorporate the Wellington Academy, of Morgan county,
-and appoint trustees for the same.
Also, to the amendments of the bill to authorize amend¬
ments in certain cases.
Also, to the amendments to the bill to incorporate the
Mulberry Grove Manufacturing Company, in the county of
Harris, and for other purposes therein mentioned.
Also, to the amendments to the bill to prevent Sheriffs
holding the office of Constable.
Also, to the amendments to the bill to incorporate the
Stockholders of the Cherokee Rail or Plank Road Com¬
pany.
Also, to the amendments to the bill to amend the first geo
SENATE.
599
tion of an act passed on the 7th day ot December, 1824, au¬
thorizing the Superior Courts of this State to appoint per¬
sons to assign and-set off dower, and to prescribe the mode
of proceeding therein.
Also, to the amendments to the bill to add'lot of land No.
6, in the 22d district of originally Muscogee, now Harris, to
the county of Talbot, and also the lot of land whereon
William Stead now resides, in the county of Marion, to the
county of Talbot.
Also, to the amendment to the bill to incorporate the Co¬
lumbus and Greenville Plank and Turnpike Road Company,
the Columbus and Lumpkin Plank and Turnpike Road
Company, and the Sparta Plank and Turnpike Road Cona-
pany, and for other purposes therein named.
Also, to the amendment to the bill to authorize Jeptha B.
Stephens, of the county of Gilmer, to practice medicine, un¬
der the Botanic system.
Also, to the amendments to the bill to change and re¬
move, and abolish certain election precincts in certain coun¬
ties therein mentioned, and define the place of holding Jus¬
tice's Courts in certain districts therein designated.
Also, to the amendment to the bill to incorporate the Hy¬
draulic Company, of the city of Savannah, and for other
purposes therein named.
Also, to the substitute bill of the Senate to the bill of the
House, to authorize the Inferior Courts of the several coun¬
ties in this State,' to grant license to certain persons therein
described, upon certain conditions.
Also, to the amendment to the bill to compensate the con¬
solidating managers of the elections in the county of
Wayne.
Also, to the amendment to the bill to regulate the tax on
sales at auction.
Also, to the amendments to the bill to amend the Gar¬
nishment laws:
Also, to the amendment to the bill to incorporate the,
Lumpkin .Guards, and to extend to them certain privile¬
ge s.
Also, to the amendments to the bill for the relief of Har¬
vey McCormick Ward.
Also, to the amendments to the bill to amend an act con¬
cerning Coroners and inquests.
Also, to the substitute of the Senate to the bill of the
House, to alter and amend the several acts incorporating
the city of Griffin. -
Also, to the amendment to the bill to authorize James
Brewer and William Brewer, to establish a ferry across the
Altamaha River, at Oglethorpe Bluff, and other purposes
therein mentioned.
Also, to the amendments to the bill to incorporate Union
600
JOURNAL OF THE
Academy, of the cpunty of Maeon, and appoint trustees for
the same.
Also, to the amendments to the bill to repeal an act enti¬
tled an act to authorize the Inferior Court of Lumpkin
county, to levy an. extra tax for county purposes.
Also, to the amendments to the bill to make it a penal
offence for any conductor, fireman, engineer, or other officer
or agent, conducting or managing any rail road car in this
State, to allow a slave to enter and travel on the same, in
the absence of the owner, overseer or employer, without a
written permit for that express purpose, &c.
And they have agreed to the amendments of Senate to
the bill to amend an act to incorporate the South Western
Rail Road Company, and for other purposes, with a sub¬
stitute for the amendment, to which they desire the Senate's
agreement.,
. And they have disagreed to the amendment of Senate to
the bill of the House, to make Nancy Waters the wife of
James Waters, and Candace R. Carter, wife of John Car¬
ter, of Talbot county, free dealers.
They have passed the following bills of Senate, to wit:
The bill to incorporate the Macon Canal Company, and
to punish those who may injure their property.
The bill to declare the lien of judgments upon equitable
property.
The bill to authorize the Clerks of the Superior, Inferior
and Ordinary Courts of Montgomery county to keep their
offices .within fifteen miles of the Court House in said
county.
The bill to incorporate the Coosa River Steamboat Com¬
pany.
The bill to authorize Johnson Garwood to construct a
dam across Chattahoochie River, on his own land.
The bill to incorporate the Waynesville Baptist Church.
The bill to amend an act passed at the last session of the
General Assembly, entitled an act for the relief of John H.
Mann, Executor of James G. Stallings, deceased.
The bill to prevent Judges of the several Superior Courts
in this State from making certain charges, or giving their
opinions to, or in hearing of the Jury, and to define the
same as error.
The bill to compensate the Grand and Petit Jurors of
Murray county.
The bill to repeal the 3d section of an act approved 29th
December, 1847, entitled an act to authorize the Central
Rail Road and Banking Company, and the Macon and
Western Rail Road Company or either of them, to form a
junction of the Central Rail Road and the Macon and West¬
ern Rail Road, in or near the limits of the city of Macon.
The bill to alter and change the name of Mary Virginia
SENATE.
60}
Faver to that of Mary Virginia Cox and to legitimatize the
same.
The bill to alter and amend the first and repeal the fourth
sections of an act granting certain piivileges to the Jefferson
Riflemen, an infantry corps of the county of Jefferson.
The bill to authorize Minor W. Brown of Forsyth county,
Georgia, Benjamin G. McCluskey of the county of Hall,
.each to erect a mill dam across the Chattahoochee River on
their own land, also Cornelius D. Terhune of the county of
Cass, to erect a dam across the Hightower River on his own
land.
The bill to alter and change the county line between the
counties of Jackson and Clark, so as to include the resi¬
dence of Greensby W. Barber and' Robert F. White of the
county of Jackson, in the county of Clark;, also, to change
the county line between the counties of Madison ahd Clark
so as to include the residence of George A. Jarrall of the
county of Madison, in the county of Clark. '
The bill to authorize Daniel R. Turner of the county of
Cobb, and James L. Mayson of the county of DeKalb, to es¬
tablish a Ferry on the Chattahoochee River.
The bill to amend an act to incorporate the Relief Society
of the Georgia Annual Conference of the Methodist Epis¬
copal Church, assented to December 22d, A. D., 1838, by
adding the word South, and to confer certain powers upon
the First Presbyterian Church in Augusta.
The bill to incorporate the Talbotton Branch Rail Road
Company.
The bill to incorporate the village of Springfield in Effing¬
ham county, and to appoint Commissioners for the same.
The bill to pardon John Hunton of the county of Wilkes.
The bill to incorporate the Fountain Spring Camp Ground
in the county of Talbot and appoint trustees for the same.
The bill to change the name of Kate Leon Rich of Glynn
county to that of Kate Leon Riley.
The bill to exempt-Emory College and other Colleges in
this State from taxationV and to place them on the same foot¬
ing with the University of Georgia.
The bill to amend an act to give to Masons and Carpen¬
ters an incumbrance for debts due on account of work done
and materials furnished in building or repairing houses and
premises to which they may be attached, passed .22d De>-
cember, 1834, so as to give to painters, limners, and copper¬
smiths^ the like security in Richmond county, &c., with an
amendment to which they ask the concurrence of this branch
of the General Assembly.
The bill to regulate the testimony of Attorneys at Law.
The bill authorizing and regulating the taking of bail and
issuing of attachments in certain cases.
602
JOURNAL OP THE
The bill to incorporate the Cherokee Collge of Georgia in
the county of Floyd.
The bill to amend an act entitled an act to incorporate the
Grand Lodge of the Independent Order of Odd Fellows of
the State ol Georgia.
The bill to extend the corporate limits of the town of
Fayetteville.
The bill to amend an act entitled an act to incorporate the
town of Albany in Baker county, and for other purposes
therein named, assented to 10th December, 1841.
The bill to relieve Justices of the Inferior Court from Jury
duty.
The bill to authorize the Savannah and Albany Rail Road
Company to make and use a Plank Road and Branches in
connection with their Rail Road and Branches, or in lieu
thereof.
The bill to amend an act to incorporate the Georgia Con¬
ference of the Methodist Episcopal Church and vest therein
the title to certain property, with authority to dispose of the
same by adding the word "South," assented to December
11th, 1841.
The bill to amend the several laws of this State in relation
to writs of Certiorari.
The bill for the relief of Merrick Barnes of Baker county.
The bill to alter and change the Commissioners named in
the fifth section of an act entitled an act to prevent obstruc¬
tions in the Oconee River, and for other purposes therein
named, approved December 26th, 1835.
And the bill to change the name of William Capers Day
of Greene, to that of William Capers Rhodes, and to legiti¬
mate th e same; also to change the names of Moses Kitchens
and Joanna Kitchens to that of Moses Neal and Joanna Neal,
and to legitimate the same.
The bill to change, point out, and regulate the manner in
which the returns of the several Banking Institutions of this
State shall hereafter be made.
The bill to revive, alter and amend an act entitled an act
for preventing controversies concerning the boundaries of
land and of processioning the same, approved February 2d,
1798.
And the bill to legalize and make valid the appointment of
Commissioners of the Camden county Academy, with
amendments by a substitute to which they desire the agree¬
ment of the Senate.
On motion,
The Senate adjourned until 3 o'clock, r. m.
senate.
603
Three o'clock, P. M.
The Senate met" pursuant to adjournment and proceeded
to the unfinished business of the morning, to wit:
The bill of the House to levy and collect a tax for each of
the political years 1850 and 1851, and thereafter.
The report was taken up and on the third section being
read as follows:
" Be it further enacted, That each male free negro or free
person of color, over the age of 18 and under 45, shall pay a
tax of ten dollars, and each male free negro or free person of
color over 45 and under 60 shall pay a tax of five dollars,
and each female free negro or free person of color over 18
and under 45, shall pay a tax of five dollars."
Mr. Woods moved to strike out the whole of the section,
which was lost.
Mr. Bailey moved to agree to the report of the Commit¬
tee, inserting the sum of one hundred and twenty-five dol¬
lars as the tax upon any " negro or person of color, nominally
a slave owned or^ held by any white person" in the 4th
section. Upon which motion the yeas and nays were requir¬
ed to be recorded, and are yeas 15, nays 17.
Those who voted in the affirmative, are Messrs.
Anderson, Eberhart, McRae,
Bailey, Edmondson, Mosely,
Elias Beall, Ferrell, Napier,
Blackshear, Micajah Johnston, John W. G. Smith,
Clark, John Jones, Stell.
Those 'who voted in the negative,are Messrs.
Byrd, Thomas Johnston, Purse,
Joseph E. Brown, Long, Quarterman,
Bryan, McBee, Rawls,
Clayton, Andrew J. Miller, Turner,
Grubbs, James A. Miller, Woods.
Hines, Murphy,
So the bill was lost.
Mr. Byrd moved to amend the 4th section of the original
bill by striking out the words "one hundred dollars" and in¬
sert in lieu thereof " ten dollars." On which motion, the
yeas and nays were required to be recorded, and are yeas
10, nays 24.
Those who voted in the affirmative, are Messrs.
Byrd, Hines, McBee,
Joseph E. Brown, Thomas Johnston, Murphy,
Clayton, Long, Woods.
Grubbs,
604
JOURNAL OF THE
Those who voted in the negative, are Messrs.
Napier,
Purse,
Quarterrnan,
Rawls,
John W. G. Smith,
Ira E. Smith,
Stell,
Turner.
Anderson, Edmondson,
Bailey, Ferrell,
Elias Beall, Micajah Johnston,
Blackshear, John Jones,
Bryan, McRae,
Clark, Andrew J. Miller,
Cochran, James A. Miller,
Eberhart, Mosely,
So the motion w§,s lost.
Mr. Anderson moved to agree to the amendment reported
to the 7th section of the bill by the Committee of the whole,
to wit: " That a tax of one dollar be imposed upon each and
every dray." On which motion the yeas and nays were re¬
quired to be recorded, and are yeas 14, nay's 20."
Those who voted in the affirmative, are Messrs.
Anderson, Cochran, McBee,
Augustus Beall, Eberhart, McRae,
Byrd,( Ferrell, Mosely,
Joseph E. Brown, Hines, Murphy.
Bryan, John Jones,
Those who voted in the negative, are Messrs.
Bailey, Thomas Johnston, Rawls,
Elias Beall, Bong,
Blackshear, Andrew J. Miller,
Clark, James A. Miller,
Clayton, Napier,
Grubbs, Purse,
Micajah Johnston, Quarterrnan,
So the motion was lost.
And on the 9th section being read as follows:
"And be it further enacted, That a tax of five cents per
head shall be imposed upon all cattle owned by the citizens
of Florida, and kept within this State." ' .
Mr. Purse moved to strike out the whole of said section,
which was agreed to.
Mr. Ferrell moved to amend by adding as an additional
section, the following, to wit :
" Be it further enacted, That a tax of one cent a head shall
be assessed on cattle owned by citizens in this State.
Mr. Purse moved to postpone the amendment indefin¬
itely. On which motion, ^the yeas and nays were required
to be recorded, and are yeas 21, nays 16.
Those who voted in the affirmative, are Messrs.
Bailey, Chisolm, Hines,
Blackshear, Clark, Micajah Johnston,
Joseph E. Brown, Grubbs, Bong,
John W. G. Smith,
James R. Smith.
Ira E. Smith,
Stell,
Turner.
SENATE.
605
McBee, Quarterman, Spullock,
McRae, Rawls, Stell,
Murphy, John W. G. Smith, Turner,
Purse, Ira E. Smith, Woods.
Those who voted in the negative, are Messrs.
Anderson, Cochran, Andrew J. Miller,
Augustus Beall, Eberhart, James A. Miller,
Elias Beall, Ferrell, Mosely,
Byrd, Thomas Johnston, Napier,
Bryan, John Jones, James R. Smith.
Clayton,
So the motion prevailed.
Mr. Chisolm moved to amend by adding as an additional
section, the following, to wit:
" And be it further enacted by the authority aforesaid, That it
shall be the duty-'of the various tax receivers in this State to
require of all persons giving in lands lying in the counties
of Cass, Cherokee, Forsyth, Lumpkin, Union, Gilmer, Mur¬
ray, Walker, Bade, Chattooga, Floyd, Paulding and Cobb,
to give in the numbers, districts, and sections, in which such
lands are situated."
On which motion the yeas and nays were required to
be recorded, and are yeas 11, nays 24.
Those who voted in the affirmative, are Messrs.
Byrd, John Jones, James R. Smith,
Chisolm, McRae, Turner,
Clark, Andrew J. Miller, Woods.
Thomas Johnston, Mosely,
Those who voted in the negative, are Messrs.
Anderson, Cochran, Murphy,
Bailey, Eberhart, Napier,
Augustus Beall, Edmondson, Purse,
Elias Beall, Ferrell, Quarterman,
Blackshear, Grubbs, Rawls,
Joseph E. Brown, Hines, John W. G. Smith,
Bryan, Micajah Johnston, Ira E. Smith,
Clayton, McBee, Stell.
So the motion was lost.
Mr. Long moved to amend by adding as an additional
section, the following to wit:
And be it further enacted, That all pine lands be subject
and pay the same tax in the counties of Camden, Glynn,
Mcintosh and Wayne ; which was lost.
. The report as amended was agreed to, the bill was read
the third time, and on the question " shall this bill now
606
JOURNAL OP THE
pass ?" the yeas and nays were required to be recorded,
and are yeas 26, nays 8.
Those who voted in the affirmative, are Messrs.
Anderson, Edmondson, Murphy,
Bailey, Ferrell, Purse,
Augustus Beall, Micajah Johnston, Quarterman,
Byrd, Thomas Johnston, Rawls,
Blackshear, McBee, James R. Smith,
Joseph E. Brown, McRae, Ira E. Smith,
Bryan, Andrew J. Miller, Stell,
Clark, James A. Miller,, Turner.
Eberhart, Mosely,
Those who voted in the negative, are Messrs.
Elias Beall, Grubbs, John W. G. Smith,
Clayton, Hines, Woods.
Cochran, ' Napier,
So the bill was passed.
Mr. A. J. Miller made the following report:
The Committee on the Judiciary, to whom was referred
the bill of the House authorizing Abram S. Cowan, admin¬
istrator of the estate of George Cowan, deceased, to make
his returns in Walton county, have had the same under con¬
sideration and report an amendment by way of substitute
for the bill, the passage of which they recommend.
The Committee have also had under their consideration,
the bill of the House amendatory of the act to authorize par¬
ties to compel discoveries at common law, and recommend
the passage of the same with the amendments reported by
the committee.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
agreed to a resolution requesting the Governor to place the
claim of Joshua Holden against the Federal Government,
in the hands of our Agent at Washington, charged with the
duty of pressing the militaryclaims of this State against the
Federal Government.
Mr. Bailey made the following report:
The Committee on the Judiciary, to whom was referred
the bill to fix and make permanent the criminal and civil
jurisdiction of this State oyer a part of the territory in dis¬
pute between Florida and Georgia, &c., have considered the
same, and ask leave to report: that as the proper authori¬
ties have evinced a determination to adjust the conflicting
claims existing on the subject, and as the committee have
full hope that this long continued controversy may be closed,
they believe legislation at present unnecessary.
SENATE.
607
The committee have also had under consideration the
bill to regulate the returns of executors, administrators and
guardians, and recommend the passage of the bill with an
amendment.
Also, the bill to appoint Masters in Equity for the coun¬
ties of Muscogee, Talbot and Stewart, and for other pur¬
poses therein mentioned, and recommend the passage of the
same.
Also, the bill amendatory of an act approved December
14th, 1809, &c., and direct the same to be reported upon
unfavorably.
The committee have also considered the memorial from
certain citizens of Liberty county in this State, in relation
to the bridge over the Great Ogeechee, originally called
Hill's bridge, and direct me to report: that the second sec¬
tion of an act entitled an act to continue and establish the
ferries of Evan Howell and George M. Waters, and approved
December 4th, 1841, is of general operation, and the com¬
mittee consider further legislation for the purposes contem¬
plated by the memorial unnecessary.
The following message was received from the House of
Representatives by Mr. Harrison their Clerk:
Mr. President—The House of Representatives have agreed
to sundry resolutions, voting thanks to certain officers for
gallant and meritorious services in the late war with Mex¬
ico &c., to which they desire the concurrence of the Senate.
They have passed the following bills originating in the
House, to wit:
A bill to add an additional section to the first article of
the Constitution.
A bill for the relief of certain persons holding an interest
in or title to fractional and whole lots, sold under the au¬
thority of an act, &c., and for other purposes.
A bill for the survey and sale of all unsurveyed and un¬
sold islands in the Chattahoochee, Ocmulgee and Flint
rivers, within this State.
A bill for the relief of the Merchant's Bank at Macon.
A bill for the better government of the Penitentiary, and
for other purposes. .
And a bill to alter and amend the first paragraph of the
seventh section of the first article of the Constitution of this
State.
Mr. Stell, from the Committee on Enrolment, reported as
duly enrolled and ready for the signature of the President of
the Senate, an act, for the relief of Patrick Brady and John
My rick of the county of Sumter.
Also, an act to extend the corporate limits of the town of
Fayetteville.
Also, an act to regulate the testimony of Attorneys at
Law.
608
JOURNAL OF THE
Also, an act to pardon John Hunton of the county of
Wilkes. »
' Also, an act to change, point out and regulate the manner
in which the returns of the several Banking Institutions of
this State shall hereafter be made.
Also, an act to relieve Justices of the Inferior Court from
jury duty.
Also, an act to amend an act entitled an act to incorporate
the town of Albany in Baker county, and for other purposes
therein named, assented to 10th December, 1841.
Also, an act to exempt Emory College, and other Colleges
in this State from taxation, and to place them on the same
footing with the University of Georgia.
The following bills of the House of Representatives were
severally taken up, read the second time and referred to the
Committee of the whole:
A bill to appropriate money to purchase land, &c., for
the interest of the Lunatic Asylum.
A bill to appropriate a sum of money to build a road
over the Lookout Mountain in the counties of Walker and
Dade.
A bill to amend an act entitled an act to alter and amend
an • act entitled an act to define the liability of sureties on
appeal, &c., approved December 26, 1831.
A bill for the relief of Josiah Spurlin, Tax Collector for
the county of Union, for the year 1849.
A bill to alter the county line between the counties of
Newton and DeKalb; Walton and Newton; and Baker and
Thomas; and for other purposes therein mentioned.
A bill to consolidate the offices of Receiver of Tax Re¬
turns and Tax Collector in the county of Jackson, and to
provide an additional fund for the payment of Grand and
Petit Jurors in said county.
A bill to change the names of certain persons therein
named, and for other purposes.
A bill for the relief of Thomas J. Worthen.
The bill of the House of Representatives to appropriate
money for the purposes therein mentioned, was read the
second time, and on motion,* referred to the Committee on
Finance, with instructions that they report it back to the
Senate on to-morrow morning.
The following bills of the House of Representatives were
read the first time, to wit:
A bill for the relief of certain persons holding an interest
in or title to fractional and whole lots sold under the author¬
ity of an act, &c., and for other purposes therein mentioned.
A bill for the survey and sale of all unsurveyed and un¬
sold islands in the Chattahoochee, Ocmulgee and Flint rivers,
within this State.
SENATE ■
609
A bill to alter andx amend the first paragraph of tljo 7th
section of the first article of the Constitution of this State.
A bill to add an additional section to the first article of the
Constitution.
A bill for the better government of the Penitentiary, and
for other purposes.
A bill for the relief of the Merchant's Bank of Macon.
The Senate took up and concurred in the amendment of
the House to the bill of Senate, to amend an act to give to
masons and carpenters an encumbrance for debts due on
account of work done and materials furnished in building or
repairing houses and premises to which they may be attach¬
ed, passed 22d December, 1834, so as to give to painters,
tinners and coppersmiths, in the county of Richmond and
city of Savannah, and city of Columbus the like security.
The Senate took up the message of the House in relation
to the amendment-of Senate to the bill of the House to make
Nancy Waters, the wife of James Waters, and Candace R.
Carter, wife of John Carter, of Talbot county, free dealers;
the Senate receded from its amendment, to which the House
had disagreed.
The Senate took up the message from the House of Rep¬
resentatives in relation to the amendment to the bill to amend
an act to incorporate the South Western Rail Road Com¬
pany, and for other purposes ; the Senate disagreed to the
amendment byway of substitute of the House to the amend¬
ment of the Senate.
The Senate took up as the report of the Committee of the
whole, the bill of the House of Representatives tendering the
thanks of the people of Georgia to the following named offi¬
cers for their gallant conduct and meritorious services in the
late Mexican war, to wit:
Brevet Major Henry C. Wayne, 1st Artillery and Assistant
Quarter Master, U. S. A.
Brevet Major George)Taylor, 3d Artillery, U. S. A.
Surgeon John M. Cuyler, U. S. A.
Brevet Captain Henry Coppee, 1st Artillery, U. S. A.
Brevet 1st Lieutenant B. F. McDonald, 3d Artillery,
U. S. A.
Lieutenant Robert C. Forsyth, late of the Regiment of
Voltigeurs.
First Lieutenant G. F. Anderson and Second-Lieutenant
E. S. Thomas, commanding the Newton County Horse.
Lieutenant Wm. M. Gardner, 2d Regiment U. S. Infantry.
Lieutenant David R. Jones, 2d Regiment U. S. Infantry.
Captain William T. Wofford of Georgia Battallion of
Mounted Volunteers.
Passed Midshipmen Richard M. Cuyler and Edward F.
Tattnall of the U. S. Navy, and natives of the State of
Georgia.
39
610
JOURNAL OF THE
Also, Lieut. Thomas R. McConnell, 4th Infantry1, U. S. A.
Which was read and concurred in.
Mr. Spullock made the following report:
The Finance Committee to whom was referred various
House bills, have had the same under consideration and ask
leave to report:
1st. On the bill for the relief of Wiliam Dearing, your
Committee have had good and sufficient evidence submitted
to them to convince them that the said William Dearing by
his agent, Albin P. Dearing gave in to the Tax Receiver of
the county of Clark, for the year 1849, certain town property
in the town of Athens, and did also pay to the Tax Collec¬
tor of said county, the sum of fifty dollars and eighty seven
cents taxes on said property, and that the said William
Dearing residing in DeKalb county, did for the year 1849,
give in and pay taxes to the proper officers of said county of
DeKalb for the same property, thereby paying a double tax
on said property, the mistake was made by the agent of said
Dearing, from a misapprehension of the law, in reference to
the payment of taxes on property situated in different coun¬
ties ; your committee are therefore of the opinion that the
foregoing amount should be refunded to the said William
Dearing.
2d. On the bill for the relief of John M. Wilhite of" the
county of Jackson, your committee have made a thorough
and critical examination into the facts connected with this
case,' and will here state them fully.
It seems that Mark Womack and Green Womack of the
county of Jones, as orphans of William Womack, drew lot
of land number 282, in the 12th district of Early county,
and that the said Green Womack not knowing that they had
drawn the same, afterwards gave in his name, individually,
in Buckhalter's District in Jones county, and drew lot num¬
ber 108, in the 15th district of Houston county, and being
satisfied that his name was improperly given in, individual¬
ly, he did on the 10th day of March, 1823, relinquish to the
state all his right, title, interest and claim to the said lot of
land, which relinquishment is now of file in the Executive
Department, but by the mistake or neglect of the officers m
the different departments, the said lot of land, number 108,
in the 15th district of Houston county, was on the 26th of
November,' 1825, granted to the said Green Womack ille-
gally.
Your committee find that by an Executive order of the
11th December, 1833, said lot, number 108, in the 15th dis¬
trict of Houston county, was put, as the property of the
State, into the Cherokee Land and Gold Lottery, and the
same was drawn out to the name of John M. Wilhite of the
county of Jackson, and a grant to the same was issued to
him. That the said John M. Wilhite found the said Green
SENATE.
611
Womack in possession of said lot of land, who upon appli¬
cation, refused to give up the said lot of land to the said
JohnM. Wilhite; whereupon the said John M. Wilhite com¬
menced an action of ejectment against the said Green Wo¬
mack, which was finally decided against the said John M.
Wilhite, notwithstanding the illegal manner in which the
said Green Womack obtained his grant to said lot of land.
The bill proposes to appropriate the sum of eight hundred
dollars to the said John M. Wilhite, to remunerate him for
the expense he was at in prosecuting said action of ejectment.
Your Committee find by the vouchers submitted to them
that the said John M. Wilhite expended about the sum of
four hundred dollars in assserting his claim to the land in
question, and prosecuting his suit of ejectment for its recov¬
ery ; and while your committee do not believe that the State
ought to respond to the amount of the value of land which
may have been lost to her citizens by reason of the errors or
mistakes of public officers in issuing grants lor the same;
we do believe it is but an act of sheer justice to refund to
any one of her citizens such reasonable expenses as may
have been incurred in attempting to sustain a title derived
from the State.
Your committee therefore beg leave to recommend the
payment to John M. Wilhite of the sum of four hundred dol¬
lars as the principal of expenses sustained in asserting his
title to the land in question, and a like sum of four hundred
dollars for the interest on said expenditures, made on an av¬
erage of about twelve years ago, making in all eight hundred
dollars.
3d. On the bill for the relief of Joseph L. Robinson of
Appling county, your committee find that the Sheriff of Ap¬
pling county, in pursuance of an order of the Executive, un¬
der the act of 1847, sold fraction lot number 186, in the 3d
district of said county, without advertising as the law di¬
rects, and the said Joseph L. Robinson became the purcha¬
ser thereof, and paid over the sum of five dollars and twen¬
ty-five cents on the 10th day of August, 1849, to the Sheriff
as agent of the State, and inasmuch as an act has passed at
the present session of the Legislature, authorizing the grant
to issue to the first purchaser, so that said Robinson will be
deprived of the title to said land. Your committee believe
it would be unjust for the State to retain the purchase mo¬
ney paid in by said Robinson. They therefore recommend
that the sum five 25-100 dollars, with interest from the 10th
of August 1849, be refunded to the said Joseph L. Robinson.
For the bills herein reported on, your committee ask leave
to report a consolidated bill and recommend the passage of
the same.
The Senate took up as the report of the Committee of the
612
JOURNAL OF THE
whole, the bill of the House " for the relief of William Dear-
ing of DeKalb county."
Mr. Spullock offered as a substitute for the bill, " a bill to
be entitled an act for the relief of William Bearing of the
county of PeKalk, John„M. Wilhite of the county of Jack¬
son, and Joseph L. Robinson of the county of Appling"
which was agreed to. The repoit as amended was agreed
to, the bill was read the third time and passed.
Mr. Spullock made the following report:
The Committee on Finance to whom was referred an act
for the relief of the heirs of Isaac S. Wood, beg leave to
report:
That on examination they find that two fractions were
purchased from the State by said Word, and from the certi¬
ficates and evidences, the entire amount of the purchase mo¬
ney was paid tathe State, amounting to 38 dollars and 25
cents. These fractions afterwards reverted to the State not
having been granted, and was sold for the sum of 38 dollars
and 10 cents, after deducting the grant fee, which the State
was entitled to, left 32 dollars and 10 cents.
The State not having received any injury by the neglect
of not granting the same in terms of the law. Your com¬
mittee recommend the passage of the bill refunding the 32
dollars and 10 cents, the amount received over and above
the first sale and grant fee.
The committee also beg leave to make the following re¬
port on a bill referred to them for the relief of William
Hardeman, the drawer of lot of land, No. 319, 2d district,
2d section, Cherokee county :
It appears by a certificate from the Executive Pepart-
ment, that by false or forged entries, this lot appeared to
have been granted 1st June, 1839, and by means of these
false or forged entries, the said Hardeman was prevented
from granting said lot, which afterwards reverted to the
State, and caused to be paid into the Treasury, 22 dollars
and fifty cents more than would have been, provided it had
been granted to the drawer.
Your committee recommend the passage of the bill refund¬
ing the 22 dollars and 50 cents to the drawer.
The Senate topk up as the report of the Committee of the
whole, the bill for the relief of William Hardeman of the
county of Cherokee. The report was agreed to, the bill was
read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House "for the relief of the heirs of
Isaac S. Wood, deceased." The report was agreed to, the
bill was read the third time and passed.
The following resolution from the House of Representa¬
tives was taken up, read and concurred in:
Resolved by the Senate and House of Representatives in Gen-
senate.
613
eral Assembly met% That his Excellency the Governor be and
he is hereby authorized to issue his warrant for seventy-five
dollars and eighteen cents in favor of Maria S. Delauney, the
widow of the late F. V. Delauney.
Mr. Rawls laid On the table the following resolution:
Resolved by the Senate and House of Representatives of the
State of Georgia in General Assembly met, That his Excellen¬
cy the Governor be and he is hereby authorized and direct¬
ed to pay over to William Jones, Senator from the 5th dis¬
trict, the sum of one hundred and ninety-two dollars and
ninety-one cents, as the poor school fund due the county of
Lowndes for the year 1849.
On motion,
The Senate adjourned until nine o'clock to-morrow
morning.
THURSDAY, February 14th, 1850.
The Senate met pursuant to adjournment.
On motion of Mr. Love, the Senate reconsidered so much
of the Journal of yesterday as relates to the passage of
the bill of the House, to levy and collect a tax for each of
the political years 1850 and 1851, and thereafter.
On motion of Mr. Spullock, the Senate reconsidered so
much of the Journal of yesterday as relates to the passage
of the bill of the House of Representatives, for the relief of
the heirs of Isaac S. Wood, deceased.
Leave of absence was granted to Messrs. J. R. Smith and
McBee, for the balance of the session, after Saturday next-
The Senate took up as the report of the Committee of the
whole, the special order of the day, to wit-The reconsid¬
ered bill of the House, to incorporate a Banking Company
at the town of Fort Gaines, in the county of Early, under
the name and style of the South Western Bank of Georgia.
Mr. Stell moved to postpone the report indefinitely. Upon
which motion the yeas and nays were required to be record¬
ed, and are yeas 23, nays 14.
Those who voted in the affirmative, are Messrs.
,Bailey, Thomas Johnston, Rawls,
Joseph E. Brown, John Jones, John W. G. Smith,
Bryan, Long, Ira E. Smith,
Chisolm, McBee, Spullock,
Clark, Mosely, Stell,
Cochran, Murphy, Turner,
Dunham, Napier. Woods.
Micajah Johnston, Purse,
614
JOURNAL OF THE
Those who voted in the negative, are Messrs.
Augustus Beall, Clayton, Hines,
Elias Beall, Eberhart, Love,
Byrd, Edmondson, Andrew J. Miller,
Blackshear, Ferrell, James A. Miller,
James E. Brown, Gonder,
So the motion prevailed
The Senate took up as the report of the Committee of the
whole, the reconsidered bill of the House, for the relief of
the heirs of Isaac S. Wood, deceased. The report was
agreed to ; the bill was read the third time and passed.
Mr. Gonder laid upon the table the following resolution:
Resolved, by the Senate and House of Representatives of the
State of Geergia, That the Legislature adjourn sine die to¬
day, after 5 o'clock P. M.
On motion of Mr. J. R. Smith, The Senate took up as the
report of the Committee of the whole-, the reconsidered bill
of the House, to levy and collect a tax for each of the poli¬
tical years 1850 and 1851, and thereafter.
Mr. Love moved to take up the bill by sections. Upon
which motion the yeas and nays were required to be record¬
ed, and are yeas 23—nays 16.
Those who voted in the affirmative are Messrs.
Anderson, Dunham, Love,
Augustus Beall, Edmondson, Andrew J. Miller,
Elias Beall, Ferrell, James A. Miller,
Byrd, Gonder, Quarterman.
Blackshear, Hines, James R. Smith.
James E. Brown, Micajah Johnston, Ira E. Smith,
Chisolm, Thomas Johnston, Woods.
Clayton, John Jones,
Those who voted in the negative, are Messrs.
Bailey, McBee, Rawls,
Joseph E. Brown, Mosely, John W. G. Smith,
Bryan, Murphy, Spullock,
Clark, Napier, Stell,
Cochran, Purse, Turner-
Long,
So the motion prevailed.
On the first section being read as follows t
lcRe it enacted, fyc. That an act entitled arr^ act to levy
and coliect a tax foVeach of the political years eighteen hun¬
dred and forty-eight and nine, passed by the last General
Assembly, be, and the same is hereby re-enacted.
Mr. A. J. Miller moved to amend by adding the following
words, to wit:
SENATE.
615
" And made of force for the political years 1850 and
1851, and for each year thereafter, till repealed." Upon
which motion the yeas and nays were required to be re¬
corded, and are yeas 30—nays 9.
Those who voted m the affirmative, are Messrs.
Anderson, Cochran, Love,
Augustus Beall, Dunham, Andrew J. Miller,
Elias Beall, Eberhart, James A. Miller,
Byrd, " Edmondson, Mosely,
Blackshear, Ferrell Murphy,
James E. Brown, Gonder, Quarterman,
Bryan, Grubbs,* Rawls,
Chisolm, Hines, James R. Smith,
Clark, Thomas Johnston, Ira E. Smith,
Clayton, John Jones, Woods.
Those who voted in the negative, are Messrs
Bailey, McBee, John W. G. Smith,
Joseph E. Brown, Napier, Stell,
Long, Purse, Turner,
So the motion prevailed.
On the 3d section being read as follows:
" And be it further enacted, That each and every free negro
in this. State, between the ages of eighteen and fifty, shall be
taxed annually the sum of five dollars."
Mr. A. J. Miller moved to amend by inserting after the
words " free negro," the words " or free persons of color
which was agreed to.
Mr. John W. G. Smith moved to amend further by offer¬
ing as a substitute for the whole section, as amended, the
following:
" And be it further enacted, That each and every free ne¬
gro, or free person of color, over the age of 18, and under
45, shall pay a tax of ten dollars; and each male free ne¬
gro or free person of color over 45, and under 60, shall pay
a tax of five dollars; and each female free negro or free per¬
son of color, over 18 and under 45, shall pay a tax of five
dollars."
Upon which motion the yeas and nays were required to
be recorded, and are yeas 15, nays 23.
Those who voted in the affirmative, are Messrs.
Anderson, James E. Brown, Ferrell,
Bailey, Bryan, Mosely,
Augustus Beall, Clark, Napier,
Elias Beall, Eberhart, Rawls, •
Blackshear^ Edmondson, John W. G. Smith.
616
JOURNAL OF TEH
Those who voted in the negative, are Messrs.
Byrd
Joseph E. Brown,
Chisolm,
Clayton,
Cochran,
Dunham,
Gander, "
Grubbs,
Hines,
Micajah Johnston,
Thomas Johnston,
Long,
Love,
McBee,
Andrew J. Miller,
James A. Miller,
Murphy,
Purse,
Quarterman,
James R. Smith.
.Ira E. Smith,
Stell,
Woods.
So the motion was lost.
On reading the 4th section as follows, to wit:
" And be it further enacted, l*hat from and after the first
day of January, eighteen hundred and fifty-one, each quasi
free negro, not over sixty y^ars old, or valueless from decrepi¬
tude or disease, shall be taxed one hundred dollars; and
every person when making his or her return, shall state on
oath what negro or negroes he or she holds in the right of,
and for the benefit of such negro, and for each and every
negro so held, shall pay the tax of one hundred dollars, as
above imposed."1 v
Mr. A. J. Miller moved to amend by striking out " quasi
free negro f and insert " negro or person of color, nominally
a slave, owned or held, by any white person which was
agreed to.
Mr. A. J. Miller moved to amend said 4th section,'by in¬
serting after "negro or negroes," the words, "person or
persons of color." On which motion the yeas and nays
were required to be recorded and are yeas 20, nays 16.
H Those who voted in the affirmative, are Messrs*
Anderson,
Bailey,
Augustus Beall,
Elias Beall,
Blackshear,
James E. Brown,
Clark, Napier,
Eberhart, Quarterman,
Ferrell, John W. G. Smith,
Micajah Johnston, James R. Smith,
Thomas Johnston, Ira E. Smith,
Andrew J. Miller, Turner,
Mosely,
Bryan,
Those who voted in the negative, are Messrs.
•Byrd, Gonder, McBee,
Joseph E. Brown, Grubbs,ma James A.Miller,
Chisolm, Hines, Murphy,
Clayton, Long, Purse,
Cochran, Love, Woods.
Dunham,
So the motion prevailed.
Mr. Anderson moved to amend, by striking out "one
senate.
617
hundred dollars," and insert "one hundred and twenty-
five dollarswhich was lost.
Mr. Love moved to amend by offering the following as a
substitute for the 4th section:
" Sec. And be it further enacted, That from and after the
first day of March, eighteen hundred and fifty, each negro
or person of color, nominally a slave, who by any contract
or bargain and sale, or pretended bargain and sale, after the
date aforesaid, may be held or owned by any white person,
said negro or person of color not being over sixty years of
age, or valueless from decrepitude or disease, shall be taxed
one hundred and fifty dollars; and.every person when m'ak-,
ing his or her return, shall state on oath, what negro or ne¬
groes he or she holds, in the right of and for the benefit of
such negro, and for each and every negro so held, shall pay
the tax of one hundred and fifty dollars as above."
On receiving the amendment, the yeas and na}^ were re¬
quired to be recorded, and are—yeas 19, nays 16.
Those who voted in the affirmative, are Messrs.
Byrd,
Blackshear,
Joseph E. Brown,
Chisolm,
Clayton,
Eberhart,
Gonder,
Grubbs, James A. Miller,
Hines, Murphy,
Thomas Johnston, James R. Smith,
Long, Ira E. Smith,
Love, Turner.
McRae, Woods.
Those who voted in the negative, are Messrs.
Bailey,
Augustus Beall-,
Elias Beall,
James E. Brown,
Bryan,
Clark,
Cochran,
Dunham,
Edmondson,
F errell,
Andrew J. Miller,
Mosely,]
Napier,
Quarterman,
John W. G. Smith,
Spullock,
So the substitute was received.
Mr. Ferrell moved to amend by adding the following as
an additional section, to become section 5.
Sec. 5. And be it further enacted, That from an after
the first day of March, all owners or hirers of slaves,
who shall permit said slave or slaves to hire his,
her or their time from the said owner or hirers at any period
during the year, shall pay a tax of one hundred dollars on
each and every slave so hiring his, her or their time ; pro¬
vided, that the giving in said slave or slaves a^ taxable pro¬
perty to the tax assessor, by said owner or hirer, shall in no
instance be used as evidence against said owner or hirer in
an indictment under the existing laws of this State, to pre¬
vent said hiring; provided, that nothing in this section shall
ODerate in the eitv nf Savannah tn nrevgnt porters, laborers
618
JOURNAL OF THE
or others from working out under the Ordinances of said
city.
Mr. Joseph E. Brown moved to lay the amendment on
the table for the balance of the session. - me"Umem 0n
On which motion the yeas and nays were required to be
recorded, and are yeas 10, nays 28.
Those who voted in the affirmative, are Messrs.
Byrd, McBee, Rawls,
Joseph E. Brown, Murphy, Ira E. Smith,
Chisolm, Quartejman, Woods.
William Jones,
Those who voted in the negative, are Messrs.
Anderson, Ferrell, McRae,
Bailey, Gonder, Andrew J. Miller,
Augustus Beall, Grubbs, James A. Miller,
Elias Beall, Hines, Mosely,
Blackshear, Micajah Johnston, Napier,
James E. Brown, Thomas Johnston, John W. G. Smith,
Bryan, John Jones, James R. Smith,
Clark, Long, Spullock,
Clayton, Love, Turner.
Edmondson,
So the motion was lost.
Mr. Gonder moved to amend Mr. Ferrell's amendment
by striking out one hundred dollars, and inserting twenty-
five dollars ; which was lost.
The question then recurred upon agreeing to the amend¬
ment, which was carried.
On reading the 5 th section of the bill as follows, to wit:
And he it further enacted, That a tax of thirty-one and a
quarter cents shall be paid by the Memphis Branch Rail
Road, for each and every hundred dollars of the stock of
said road.
Mr. Andrew J. Miller moved to amend by adding the fol¬
lowing after the word "road," to wit, " to be returned and
paid into the Treasury, in the same manner and at the time
required by law in relation to the tax on the capital stock
of Banks, with the same penalty in case of failure j" which
was agreed to.
Mr. Anderson moved to amend the 7th section as follows:
That the sum of one dollar be imposed as a tax upon each
and every Dray.
Upon which motion, the yeas and nays were required to
be recorded, and are yeas 19, nays 21.
Those who voted in the affirmative, are Messrs.
Anderson, Byrd, Bryan,
Augustus Beall, James E. Brown, Chisolm,
Elias Beall, Joseph E. Brown, Cochran,
senate.
619
Eberhart, Hines, Mosely,
Edmondson, McBee, James R. Smith,
Ferrell, McRae, Ira E. Smith.
Gonder,
Those who voted in the negative, are Messrs.
Bailey, John Jones, Purse,
Blackshear, Long, Rawls,
Clark, Love, John W. G. Smith,
Clayton, Andrew J. Miller, Spullock,
Grubbs, James A. Miller, Stell,
Micajah Johnston, Murphy, Turner,
Thomas Johnston, Napier, Woods.
So the motion was lost.
On reading the 8th section as follows :
Sec. 8. And be it juriher enacted, That each and every
agent of any foreign Bank doing business in this State, on or
before the first Monday in each and every year, make a re¬
turn on oath to the Treasurer of this State, of the highest
amount of loans or paper discounted by him, and running to
maturity at any one time during twelve months immediately
preceding such returns ; and it shall be the duty of such
agent to pay into the Treasury of this State, free from all
cost or charge whatsoever, the same rate of tax, upon one-
third of such highest amount of discount so returned by him
as aforesaid, as is now imposed, or may hereafter be im¬
posed by law upon the chartered Banks of this State.
Mr. A. J. Miller moved to amend by inserting after the
words " foreign Bank," the following : "or individual resi¬
ding in another Statewhich was agreed to.
Mr. A. J. Miller moved to amend further after the words
"or paper discounted," by adding the following: "or ex¬
change purchased;" which was agreed to.
Mr. A. J. Miller moved to amend further by striking out
after the words " highest amount," the words "of discount
which was agreed to.
Mr. A. J. Miller moved to amend further by adding to
the section, the words "and shall be enforced and collected
in the same manner j" which was agreed to.
On reading the 9th section as follows :
Aud be it juriher enacted, That a tax of five cents per head
shall be assessed upon all cattle owned by the citizens of
Florida and kept within this State.
Mr. Joseph E. Brown moved to amend by striking out the
whole section.
Upon which motion the yeas and nays were required to be
recorded and are yeas 13, nays 23.
Those who voted in the affirmative, are Messrs.
Bailey, Bryan, Grubbs,
Joseph E. Brown, Chisolm, Thomas Johnston,
620
journal of the
Ira E. Smith,
Woods.
John Jones, Napier,
McBee, John W. G. Smith,
Andrew J. Miller,
Those who voted in the negative are Messrs.
Anderson,
Augustus Beall,1
Elias Beall,
Byrd,
Blackshear,
James E. Brown,
Clark,
Clayton,
Cochran,
Eberhart,
Edmonclson,
Fen ell,
Gonder,
Hines,
Micajah Johnston,
McRae,
James A. Miller,
Mosely,
Murphy,
Rawls,
James R. Smith,
Stell,
Turner.
So the motion was lost.
Mr. Chisolm moved to amend by adding the following as
an additional section:
Sec. And be it further enacted by the authority aforesaid,
That it shall be the duty of the various Tax Receivers of this
State to require of persons giving in any lands which have
been drawn in any of the lotteries of this State, to give in,
and for him to record the numbers, districts and sections in
which said lands are situated, unless such person shall make
oath that he does not recollect, nor cannot consistently obtain
the numbers, districts and sections, in which event he shall
be permitted to give in such lands as heretofore practiced in
this State.
On which motion, the yeas and nays were required to be
recorded, and are yeas 19, nays 19.
Those who voted in the affirmative, are Messrs.
Edmondson, James A. Miller.
Grubbs, John W. G. Smith,
Micajah Johnston, James R. Smith,
John Jones, Spullock,
McRae, Turner,
Andrew J. Miller, Woods.
Bailey,}
Byrd,
Blackshear,
James E. Brown,
Bryan,
Chisolm,
Clark,
Those who voted in the negative, are Messrs.
Anderson, Ferrell, Mosely,
Augustus Beall, Gonder, Murphy,
Elias Beall, Hines, Napier,
Joseph E. Brown, Thomas Johnston, Rawls,
Clayton, Long, Ira E. Smith,
Cochran, McBee, Stell.
Eberhart,
The President voting in the affirmative, the motion pre¬
vailed.
senate.
621
Mr. McRae moved to amend by adding the following as
an additional section;
Sec. And be it further enacted by the authority aforesaid,
That all pine lands shall be taxed as first, second and third
quality, and that first quality shall pay a tax of one half cent
per acre, 2d quality, one-fourth cent per acre, and 3d quality,
one-fourth mill per acre.
Upon which motion the yeas and nays were required to be
recorded, and are yeas 15, nays 21.
Those who voted' in the affirmative, are Messrs.
Anderson, Ferrell, Andrew J. Miller,
Elias Beall, Grubbs, James A. Miller,
Blackshear, Hines, James R. Smith,
Dunham, Long, Turner,
Eberhart, McRae, Woods.
Those who voted in the negative, are Messrs.
Bailey, Clark, Mosely,
Augustus Beall, Clayton, Murphy,
Byrd, Gonder, Napier,
James E. Brown, Micajah Johnston, • Rawls,
Joseph E. Brown, Thomas Johnston, John W. G. Smith,
Bryan, John Jones, Spullock,
Chisolm, McBee, StelL
So the motion was lost.
Mr. J. R. Smith moved to amend by adding tha following
as additional sections :
Sec. And be it further enacted by the authority aforesaid,
That it shall be the duty of the Tax Receivers of the seve¬
ral counties in this State to take down in a separate column
the value of each article taxed, and the value of all other
property owned by the several tax-payers of this State, not
taxed by our present laws ; and that his Excellency the
Governor shall furnish the Tax Receivers of this State with
proper digests to carry into operation the requirements of this
act.
Sec. And be it further enacted by the authority aforesaid,
That the following shall be the form of the oath or affirma¬
tion to be administered to each tax-payer of this State, viz :
" I , do solemnly swear, (or affirm, as the case
may be), that the account which I now give in, is a just and
true account of all the taxable property, with the separate
value of each article, and the value of all others not taxed
by,our present laws, which I was possessed of, held or
claimed, on the first day of January last, or was interested
in or entitled unto, either in my own right, or the right of
any other person or persons whatsqever, as parent,-guar¬
dian, executor or administrator, agent or trustee, or in any
other manner and whatever, according to the best of my
622
JOURNAL OF THE
knowledge, information or belief ; and that I will give a just
and true answer to all lawful questions that may be asked
me touching the same ; and all this I declare without any
equivocation or mental reservation whatever. So help me
God." And that the Tax Receiver be allowed the one-half
of one per cent upon the value of all property thus returned.
Mr. Clark moved to lay the amendment on the table for
the balance of the session. Upon which motion the yeas and
nays were required to be recorded, and are yeas 30 nays 4.
Those who voted in the affirmative, are Messrs.
Bailey, Eberhart,
Augustus Beall, Ferrell,
Byrd, Gonder,
James E. Brown, Grubbs,
Hines,
Micajah Johnston,
Thomas Johnston,
John Jones,
McBee,
Andrew J. Miller,
Those who voted in the negative, are Messrs.
Anderson, Blackshear, James R. Smith.
' Elias Beall,.
So the motion prevailed.
The report as amended was agreed to; the bill was read
the third time, and on the question "shall this bill now
pass ?" the yeas and nays were required to be recorded,
and are yeas 26—nays 8.
Those who voted in the affirmative, are Messrs.
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
Clayton,
Dunham,
James A. Miller,
4 Mosely,
Murphy,
Napier,
Rawls,
John W. G. Smith,
Spullock,
S tell,
Turner,
Woods.
Anderson,
Augustus Beall,
Byrd,
Blackshear,
James E. Brown,
Joseph E. Brown,
Bryan,
Chisolm,
Clark,
James A. Miller,
Mosely,
Murphy,
Rawls,
James R. Smith,
Spullock,
Stell,
Turner.
Eberhart,
Ferrell,
Grubbs,
Hines,
Micajah Johnston,
Thomas Johnston,
John Jones,
McBee,
Andrew J. Miller,
Those who voted in the negative, are Messrs.
Bailey, Dunham, Napier,
Elias Beall, Gonder,
Clayton, McRae,
So the bill was passed.
On motion, . ,
The Senate adjourned until three o clock, P. M.
John W. G. Smith.
senate.
623
Three o'clock, P. M.
The Senate met pursuant to adjournment.
Leave of absence was granted to Mr. Long for the bal¬
ance of the sesion.
Mr. Stell, from the Committee on Enrolment, reported
as duly enrolled and ready for the signature of the President
of the Senate, an act to incorporate the Waynesville Bap¬
tist Church.
Also, an act to incorporate the village of Springfield in
Effingham county, and to appoint Commissioners for the
same.
Also, an act for the relief of Merrick Barnes of Baker
county.
Also, an act to change the name of Kate Leon Rich of
Glynn county, to that of Kate Leon Riley.
Also, an act to authorize the county officers of the. counties
of Irwin and Telfair to publish in any public gazette in the
town of Milledgeville, Macon, or Albany; and the county
officers of Hancock county to publish in any paper in this
State, and the Sheriff of Gwinnett county to advertise in
some paper published in Augusta, Milledgeville, or Athens,
at their option.
Also, an act to amend an act entitled an act to incorpo¬
rate the Grand Lodge of the Independent Order of Odd Fel¬
lows of the State of Georgia.
Also, an act to revive, alter and amend an act entitled an
act for preventing controversies concerning the boundaries
of land and for processioning the same, approved February
22d, 1798.
Also, an act to alter and amend the first and repeal the 4th
sections of an act granting certain privileges to the Jefferson
Riflemen, an infantry company of the county of Jefferson.
Also, an act to incorporate the Talbotton Branch Rail
Road Company.
Also, an act to prevent Judges of the4 several Superior
Courts in this State from making certain charges or giving
their opinions to, or in hearing of the Jury, and to define the
same as Error.
Also, an act to amend an act passed at the last session of
the General Assembly entitled an act for the relief of John
H. Mann, Executor of James G. Stallings, deceased.
Also, an act to -authorize Johnson Garwood to construct
a dam across the Chattahoochee River on his own land.
Also, an act to incorporate the Cherokee College of Geor¬
gia, in the county of Floyd.
Also, an act to amend an act to incorporate the Georgia
Conference of the Methodist Episcopal Church, and vest
therein the title to certain property with authority to dispose
624: JOURNAL OF THE
0
of the same by adding the word South, assented to Decem¬
ber 11th, 1841.
Also, an act to compensate Grand and Petit Jurors of the
county of Murray.
Also, an act to incorporate the Fountain Spring Camp
Ground in the "county of Talbot, and appoint trustees for the
same.
Also, an act to alter and change the Commissioners nam¬
ed in the fifth section of an act entitled an act to prevent ob¬
structions in the Oconee River, and for other purposes therein
named, approved December 26th, 1835.
Also, an act to authorize Daniel R. Turner of the county
of Cobb, and James L. Mayson of the county of DeKalb, to
establish a Ferry or Bridge on the Chattahoochee River.
Also, an act to authorize the Savannah and Albany Rail
Road Company to make and use a Plank Road and Branch¬
es in connection with their Rail Road and Branches or in
lieu thereof.
Also, an act to amend an act to incorporate the Relief
Society of the Georgia Annual Conference of the Methodist
Episcopal Church, assented to December 22d, 1838, by ad¬
ding the word South, and to confer certain powers upon the
first Presbyterian Church in Augusta.
Also, an act to amend the several laws of this State in re¬
lation to writs of Certiorari.
Also, an act to authorize the Clerks of the Superior, Infe¬
rior and Ordinary Courts of Montgomery county, to keep
their offices within fifteen miles of the Court House in said
county.
Also, an act to alter and change the county line between
the counties of Jackson and Clark, so as to include the resi¬
dence of Greensby W. Barber and Robert F. White, of
Jackson county, in the county of Clark; also, to change the
county line between the counties of Madison and Clark so
as to include the residence of George A. Jarrell of Madison,
in the county of Clark.
Also, an act to authorize Minor W. Brown of Forsyth
cbunty, Georgia, Benjamin G. McClesky, each to erect a
mill dam across the Chattahoochee River, on their own
lands; also, Cornelius D. Terhune of the county of Cass, to
erect a dam across the Hightower River on his own land.
Also, an, act to alter and change the name of Mary Virginia
F aver to that of .Mary Virginia .Cox, and to legitimatize the
same.
The Senate took up as the report of the Committee of the
whole, the bill of the House " for the relief of Josiah Spurlin,
Tax Collector for the county of Union for the year 1849.—
The report as amended was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
SENATE.
625
whole, the bill of the House "to alter the county line be¬
tween the counties, of Newton and DeKalb, Walton and
Newton, and Baker and Thomas, and for other purposes
therein mentioned."
Mr. Wofford moved to amend by adding,the following
as an additional section:
" And be it further enacted, That the residence of Elias
Losebee, of Hall county, be added to and become a part of
Habersham countywhich was agreed to. The report as
amended was agreed to, the bill was read the third time and
passed.
The Senate took Up as the report of the Committee of the
whole, the bill of the House " for the relief, of Thomas J.
Worthen." The report was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House "to change 0;he names of cer¬
tain persons therein named, and for other purposes."—
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, "to appropriate a sum of mo¬
ney to build a road over the Lookout Mountain in the counties
of Walker and Dade."
Which on motion, was referred to a Select Committee
consisting of Messrs. Bailey, McBee, and Purse.
Mr. A. J. Miller made the following report:
" The Select Committee to whom was referred the me¬
morial of James Edmondson, report that all the evidence
relied on by the memorialist, has not been submitted to
them, and as the claim set up, is in'the opinion of the com¬
mittee entitled to full consideration by the proper committee,
involving as it does, the liability of the State, they recom¬
mend that it be referred to the Committee on Finance."
The Senate took up as the report of the Committee of the
whole, the bill of the House to be entitled an act to alter
and amend, an act entitled an act to define the liability of
sureties on appeal, &c., approved December 26th, 1831.
Which on motion, was referred to the Committee on the
Judiciary.
The Senate took up as the report of the Committee of the
whole/ the bill of the House, to appropriate money to pur
chase land, &c., for the interest of the State Lunatic Asylum.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, for the relief of Reu M. Pittman
of Cobb county, and to appropriate a sum of money therefor.
The report was agreed to, the bill was read the third
time, and on the question " shall this bill now pass ?" the
40
626
JOURNAL OF THE
yeas and nays were required to be recorded, and are yeas
22, nays 12.
Those who voted in the affirmative, are Messrs.
Bailey, Micajah Johnston, Purse,
Joseph E. Brown, Thomas Johnston, Rawls,
Chisolm, William Jones, JohnW. G. Smith,
Clark, John Jones, James R. Smith,
Clayton, McBee, Ira E. Smith,
Cochran, Andrew J. Miller, Spullock,
Eberbart, Mosely, Turner.
Edmondson,
Those who voted in the negative, are Messrs.
Anderson, James E. Brown, Hines,
Elias Beall, Bryan, ' Love,
Byrd, Ferrell, James A. Miller,
Blackshear, Gonder, Stell.
So the bill was passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, "jto regulate the returns of ex¬
ecutors, administrators, and guardians."
Mr. A. J. Miller moved to amend by adding the following
as an additional section:
•" And be it further enacted, That if any executor, admin¬
istrator or guardian, shall fail to make a return within the
time required by law, he sh^all not lose the commissions on
any return made in due timewhich was agreed to. The
report as amended was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, on the bill of the House, "to change the name of
Elizabeth Strong, and for other purposes, &c." The report
was agreed to, the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to empower Abram S. Cowan,
of Walton county, administrator on the estate of George
Cowan, deceased, of DeKalb county, to return his actings
and doings as such administrator, in Walton county.
Mr. A. J. Miller moved to amend by offering the following
as a substitute to the bill:
t " A bill to be entitled an act to authorize executors, ad¬
ministrators and guardians, to make returns to the Court of
Ordinary of the county of their residence, and to be discharg¬
ed from their trust thereinwhich was received. The re¬
port as amended, was agreed to, the bill was read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, " amendatory of an act approv¬
ed December 14th, 1809, &c.
SENATE.
627
Which on motion of Mr. Purse, was postponed indefi¬
nitely.
The Senate took up as the report of the Committee of the
whole, the bill of the House "to fix and make permanent
the criminal and civil jurisdiction of this State over a part
of the territory in dispute between citizens of Florida and
citizens of Georgia, and continue the same in force until the
question of boundary shall have been definitely settled by
and between the States of Georgia and Florida."
Which on motion of Mr. A. J. Miller, was postponed in¬
definitely.
The Senate took up as the report of the Committee of the
whole, the bill of the House "to appoint Masters in Equity
for the counties of Muscogee, Talbot, and Stewart, and for
other purposes therein mentioned."
On reading the first section, as follows:
"Be it enacted, Sfc., That from and immediately after the
passage of this act, the'Judge of the Superior Court of the
counties of Muscogee, Talbot, and Stewart, be and he is
hereby authorized to appoint a Master in Equity for each of
said counties, who shall hold his appointment for four years,
whose duty it shall be to examine all accounts and vouchers,
receipts for money or, other thing, and credit and report up¬
on the same relating .to any suit pending in Equity in said
counties, which may be submitted to him under an order of
said Court, and that said Master in Equity shall be allowed
such compensation for his services as the Court and Jury
trying the particular case shall award, to be taxed in the bill
of costs in said cause."
Mr. A. J. Miller moved to amend by striking out the
words "who shall hold his appointment for four years ;"
which was 'agreed to. The report as amended was agreed to,
the bill was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House "amendatory of an act assent¬
ed to 17th December, 1847, entitled an act to authorize par¬
ties to compel discoveries at common law." The amend¬
ments proposed by the Committee on the Judiciary, were
agreed to. The report as amended was agreed to; the bill
was read the third tim'e and passed.
The following bills offthe House were taken up, read the
second time and and'referred to the Committee of the whole :
A bill to add an additional section to the first article of
the Constitution.
A bill for the relief of certain persons holding an interest
in or title to fractional and whole lots, sold under the author¬
ity of an act, &c., and for other purposes therein mentioned.
A bill for the relief of the Merchant's Bank of Macon. '
A bill for the survey and sale of all unsurveyed and un*
628
JOURNAL OF THE
sold Islands in the Chattahoochee, Ocmulgee and Flint Riv¬
ers within this State.
A. bill to alter and amend the first paragraph of the sev¬
enth section of the first article of the Constitution of this
A.6bill for the better government of the Penitentiary, and
for other purposes.
On motion,
The Senate adjourned until 9 o'clock to-morrow morning.
FRIDAY, February 15, 1850.
The Senate met pursuant to adjournment.
Mr. Ferrell moved to reconsider so mnch of the Journal
of yesterday as relates to the action of the Senate upon the
bill of the House to appoint Masters in Equity for the coun¬
ties of Muscogee, Talbot and Stewart, and for other purpo¬
ses therein mentioned.
Upon which motion, the yeas and nays were required to
be recorded, and are yeas 21, nays 14.
Those who voted in the affirmative, are Messrs.
Anderson, Clayton, McRae,
Augustus Beall, E,dmondson, Andrew J. Miller,
Elias Beall, Ferrell, James A. Miller,
Byrd, Gonder, Napier,
Blackshear, Grubbs, Purse,
James E. Brown, Hines, James R. Smith,
Joseph E\ Brown, Love, Spullock.
Those who voted in the negative, are Messrs.
Bailey, Dunham, John W.G.Smith,
Bryan, Micajah Johnston, Stell,
Chisolm. McBee, Turner,
Clark, Mosely, Woods.
Cochran, Rawls,
So the motion prevailed.
Leave of absence was granted to Messrs. Ferrell, Hines
and Anderson, after Monday next.
The Senate took up as the report of the Committee of the
whole, the bill of the House to add an additional section to
;he first article of the Constitution ; which on motion, was
eferred to the Committee on the Judiciary^
The Senate took up as the report of the Committee of the
vhole, the bill of the House for the survey and sale of all
nsurveyed and unsold islands in the Chattahoochee,- Oc-
SENATE.
629
mulgee and Flint rivers, within this State. The report was
agreed to, the bill was read the third time and passed,
The Senate took up as the report of the Committee of the
whole, the bill of the House, for the better government of the
Penitentiary, and for other purposes; which on motion, was
referred to the Committee on the Penitentiary.
The Senate took up as the report of the Committee of the
whole, the bill of the House to alter and amend the first
paragraph of the seventh section of the first article of the
Constitution of this State; which on motion was referred to
the Committee on the Judiciary.'
The Senate took up as the report of the Committee of the
whole, the bill of the House to appropriate money for the
purposes therein mentioned.
Mr. Love moved to amend by adding tho following to the
12th section: "And to Thomas Moore the sum of four dol¬
lars per day for the time he has been employed as Clerk in
the office of the Secretary of State which was agreed to.
On reading the 14th section as follows :
And be it further enacted, That the sum of one hundred
dollars be and the same is hereby appropriated to James R.
Butts, to enable him to employ a Clerk for a short time.
Mr. Purse moved to amend by striking out the words
"one hundred," and inserting in lieu thereof the words
" three hundred."
Upon which motion the yeas and- nays were required to
be recorded, and are yeas 27, nays 9.
Those who voted in the affirmative, are Messrs.
Bailey, Gonder, Murphy,
Augustus Beall, Grubbs, Napier^
Blackshear, Hines, Purse,
James E. Brown, William Jones, John W. G. Smith,
Chisolm, John Jones, James R. Smith,
Clark, McRae, Spullock,
Clayton, Andrew J. Miller, Stell,
Dunham, James A. Miller, Turner,
Ferrell, Mosely, Woods.
Those who voted in the negative, are Messrs.
Byrd, Cochran, McBee,
Joseph E. Brown,. Edmondson, Rawls,
Bryan, Micajah Johnston, Ira E. Smith.
So the motion prevailed.
On reading the 15th section as follows:
And be it further enacted, That the sum of twenty-five
dollars be and the same is hereby appropriated to the Clerk
of this House to cover incidental expenses.
Mr. Purse moved to amend by adding the words " and
630
JOURNAL OF THE
twenty-five dollars for expenses of the Secretary of the
Senate which was agreed to.
On the 16th section being read, Mr. Spullock moved to
strike out the whole section.
Upon which motion, the yeas and nays were required to
be recorded, and are yeas 12—nays 21.
Those who voted in the affirmative, are Messrs.
Bailey, Chisolm, Murphy.
Elias J3eall, Clark, RawlsJjj
Byrd, Clayton, Turner,
Bryan, Cochran, Woods.
Those who voted in the negative, are Messrs.
Augustus Beall, Grubbs, Mosely,
Blackshear, Hines, Napier,
James E. Brown, William Jones, Purse,
Joseph E. Brown, Love, James R. Smith.
Dunham, MeRae, Jra E. Smith,
Ferrell, Andrew J. Miller, Spullock,
Gonder, James A. Miller, Stell.
So the motion was lost.
On reading the 17th section as follows :
And be it further enacted, That the sum of one thousand
dollars be paid to Alexander McDougald, survivor of the
late firm of Mc Dougald and Watson, for professional ser¬
vices rendered by said firm in behalf of the State, in the
prosecution of writs of Quo Warranto against the Bank of
Columbus, and the Chattahoochee Rail Road and Banking
Company of Columbus, and that his Excellency the Gov¬
ernor do draw his warrant for the same npon any monies in
the Treasury not otherwise, appropriated, in favor of said
McDougald, after deducting therefrom all such order or
sums of money as may have been advanced to said firm.
Mr. WofFord moved to amend by striking out the whole
section; which was agreed to.
Mr. Bailey moved to amend by inse? ting in lieu of section,
stricken out, the following :
And be it further enacted, That to each of the Attorneys
employed by the State against the Bank of Columbus and
the Chattahoochee Rail Road and Banking Company o f Co¬
lumbus, be paid live hundred dollars for each case, deduct¬
ing whatever amount already paid; which was lost.
Mr. A. J. Miller moved to amend by inserting the follow-
And be it further enacted, Tha t the sum of two hundred
and fifty dollars in full for services rendered, be paid to
Alexander McDougald, as a balance to put him on an equal
footing with Walter T. Colquitt, in the case against the in¬
solvent Banks in Columbus.
SENATE.
631
. Upon which motion, the yeas and nays were required to
be recorded, and are yeas 15, nays 16.
Those who voted in the affirmative, are Messrs.
Blackshear, Ferrell, John Jones,
James E. Brown, Gonder, McRae,
Clayton, Grubbs, Andrew J. Miller,
Dunham, Hines, James A. Miller,
Edmondson, Micajah Johnston, Spullock.
Those who voted in the negative, are Messrs.
Bailey, Cochran, Rawls,
Byrd, McBee, John W. G. Smith,
Joseph E. Brown, Mosely, Ira E. Smith,
Bryan, Murphy, Stell, -
Chisolm, Purse, Turner.
Clark,
So the motion was lost.
On reading the 24th section as follows
And be it further enacted, That the sum of one thousand
dollars be and the same is hereby appropriated for the pay¬
ment of outstanding script heretofore issued by the State,
and that the sum be paid according to the amount of said
script, upon presentation at the Treasury; provided that if
the Treasurer shall suspect any such script not to be genuine,
he may suspend such payment until satisfactory evidence
shall be produced that the same is genuine.
Mr. Spullock moved to amend by striking out the word
ct State," and inserting in lieu thereof the words " Commis¬
sioners of the Western and Atlantic Rail Roadwhich was
agreed to.
Mr. Spullock, as Chairman of the Committee on Finance,
moved to amend by adding the following as additional sec¬
tions •
And be it further enacted, That the sum of twenty-four
hundred and nine dollars be and the same is hereby appro¬
priated to the Penitentiary, the amount expended by the
1 Principal Keeper for repairing the cell building after the
same was burned in November, 1848.
Be it further enacted, That the sum of one hundred and
twenty-five dollars be and the same is hereby appropriated
to P. M. Compton, for expenditures in the Surveyor Gene¬
ral's office.
■ Be it fuhther enaeted, That the sum of fifty dollars and fifty
cents be and the same is hereby appropriated to Brown and
Harris of the city of Macon, for the expenses incurred in de¬
manding William Roberts, a fugitive from justice, from the
Governor of the State of South, Carolina.
Be it further enacted, That the sum of two thousand dollars
foe and the same is hereby appropriated to defray the ex-
632
JOURNAL OP THE
penses of the commission authorized by the present Legisla¬
ture, to settle the boundary line between the States of Florida
and Georgia.
Be it farther enacted, That the sum of two thousand dollars
be and the same is hereby appropriated as a special con¬
tingent fund, to cover expenditures required by the Legisla¬
ture, for which no appropriation is made ; which was agreed
to, and the amendments received.
Mr. -Spullock moved to amend by adding the following
additional sections:
And he it further enacted, That the sum of three hundred
dollars he appropriated to erect a monument over the re¬
mains of the Hon. John Forsyth, which are interred in the
Congressional burying ground at Washington City, and that
his Excellency the Governor cause the same to be put up
with suitable inscriptions, &c.; which was agreed to.
Be it further, enacted, That the sum of fifty dollars be and
the same is hereby appropriated to be paid to Lucius God-
dard, to refund to him that amount for peddlar's license
which he did not use; which was agreed to.
And be it further enacted, That the Governor be and he is
hereby required to issue bonds payable at such time as he
may deem best, not less than three years nor more than ten
years after date, in favor of AUen Cochran, J. D. Gray,
William Gray and William D. Riddle, the firm of J. D.
Gray and Co., for the. sum thirty-one thousand, seven hundred
and nine dollars in the aggregate, with the interest thereon,
at six per cent per annum payable semi-annually, which
Bonds and the Coupons thereto attached, shall be a lien on
and be paid out of the receipts of the Western and Atlantic
Rail Road, the same being for extra work done on the tun¬
nel, as reported by the Chief Engineer to this Legislature."
On receiving the last additional section, the yeas and nays
were required to be recorded, and are yeas 23, nays 10.
Those who voted in the affirmative, are Messrs.
Bailey, Edmondson, Napier,
Blackshear, Grubbs, Purse,
James E. Brown, Micajah Johnston, John W. G. Smith,
Joseph E. Brown, McBee, James R. Smith,
Chisolm, Andrew J. Miller, Ira E. Smith,
Clark, 1 James A. Miller, Spullock,
Clayton, Mosely, Stell.
Dunham, Murphy,
Those who voted in the negative, are Messrs.
Elias Beall, Gonder, McRae,
Byrd, Hines, Rawls,
Bryan, John Jones, Turner.
Ferrell,
So the amendment was received.
SENATE.
'633
Mr. John Jones offered the following as an additional sec¬
tion :
And be it further enacted, That the sum of twenty-five
hundred dollars, or so much thereof as may be necessary,
are hereby appropriated to defray the expenses of the survey
of the unsurveyed lands in the county of Ware, ordered by
an act passod at this session of the Legislature ; which was
agreed to.
Mr. Murphy moved to amend by adding the following, as
an additional section:
And be it further enacted, That the sum of ninety dollars be
appropriated to pay Jesse C. Farrar, for 18 days services as
secretary to the Commissioners of the Western and Atlantic
Rail Road, and travelling to and from the Seat of Govern¬
ment, and his expenses, and that the Governor draw his
warrant on the Treasury for the same, and that C. Murphy
be allowed to receive and receipt for the same ; which was
agreed to.
Mr. Wofford moved to' amend by adding the following
as an additional section:
And be it further enacted, That the sum of one hundred
dollars be and the same is hereby Appropriated to refund to
William C. Pierce of Rabun, county, said amount paid by
him as Tax Collector of said county, in consequence of the
loss of that sum remitted to the Treasury of the State in
compliance with a circular forwarded to him by the Secre¬
tary of the Treasury; which was agreed to.
And be it further enacted, That the sum of one hundred
dollars be and the same is hereby appropriated to Richard
Chitwood of Habersham county, to compensate him for
the loss of a lot of land, which lot reverted after an applica¬
tion was made for the grant at the Surveyor General's office ;
which was agreed to.
Mr. Gonder moved to amend by adding the following as
an additional section:
And be it further enacted, That the Governor draw his
warrant upon the Treasurer for the sum of twenty dollars,
to be refunded to Edwin Wiley, a citizen of Hancock county,
the amount of his tax for the year 1848, which amount hav¬
ing been paid twice ; which was agreed to.
Mr. Stell moved to amend by adding the following as an
additional section:
And be it further enacted, That the sum of two thousand
dollars, (or so much thereof as may be necessary) be appro¬
priated as an additional printing fund for the year eighteen
hundred and fifty; which was agreed to.
Mr. Edmondson moved to amend by adding the following
as an additional section :
And be it further enacted, That his Excellency the Gov¬
ernor be and he is hereby authorized to draw his warrant on
634
JOURNAL OF THE
the Treasurer in favor of Alden Walkey of Murray county,
for five dollars and seventy-nine cents, the same having
been paid by said Walkey 'to the Tax Collector of said
county in consequence of a mistake having been made by
the Receiver of Tax Returns by entering the stock in trade
of said Walkey at $1500, when the real amount given in
was only $15 ; which was agreed to.
Mr. J. R. Smith moved to amend by adding the following
aS an additional section : °
And\ he it further enacted, That the sum of twenty-five
hundred dollars, or as much thereof as may be required, be
and it is hereby appropriated for the repair of the State
House and other public buildings:
Mr. A. J. Miller moved to amend by offering the following
as an additional section:
Beit further enacted, That the sum of eighteen 3-100 dol¬
lars be and the same is hereby appropriated to pay Amos
W. Hammpnd, for tax over paid by him for the years 1847
and 1848, and that William Watson, Representative from
Monroe county be authorized to draw and receipt for the
same; which was agreed to.
Mr. Murphy moved to amend by adding the following as
an additional section:
"And he it further enacted, That the sum of fifty dollars be
appropriated to pay Otis Childs for keepiug in repair and
winding up the State House Clock for the years 1848-and
1849, the same having been left out of the appropriation bill
of 1847, through mistake, and the Governor draw his war¬
rant for the same; which was agreed to.
Mr. Stell moved to amend by adding the follpwing as an
additional section:
"And he it further enacted, That the sum of eight dollars
and eighty-one cents be appropriated to Benjamin Starr of
Fayette county, the same having been wrongfully assessed
against him in his tax for the year 1849, and which he has
paid to the tax collector of said county^ and that John D.
Stell be authorized to receive dnd receipt for the same
which was agreed to. The report as amended was agreed
to, the bill was read the third time and passed. _
I#.The following Message was received from His Excellen¬
cy the Governor, by Mr. Patton, his Secretary.
Mr. President—His Excellency the Governor, has ap¬
proved and signed the following acts, to wit:
An act to incorporate the Southern Central Baptist Uni¬
versity of Georgia, at Dalton.
An act to lay out aud organize a new county from the
counties of Floyd and Cass, and attach the same to a Sena¬
torial District. , .
An act to incorporate a Bank in the City pf Savannah to
be "called the "Bank of Savahriah."
senate.
635
Which I am instructed to return to this branch of the Gen¬
eral Assembly.
Mr. Stell, from the Committee on Enrolment, reported
duly enrolled and ready for the signature of the President of
the Senate, an act to incorporate the Coosa River Steam
Boat Company.
Also, an act authorizing and regulating the taking of bail
and issuing attachments in certain cases.
Also, an act to repeal the third section of an act approved
29th December, 1847, entitled an act to authorize the Cen¬
tral Rail Road and Banking Company and the Macon and
Western Rail Road Company, or either of them to form a
junction of the Central Rail Road and Macon and Western
Rail Road, in or near the limits of the City of Macon.
Also, an act to change the name of Wm. Capers Day of
Greene county, to that of Wm. Capers Rhodes, and to legiti¬
mate the same; also to change the names of Moses Kitchens
and Joanna Kitchens of Warren county, to that of Moses Neal
and Joanna Neal, and to legitimate the same.
The Senate took up as the report of the Committee of the
whole, the bill of the House for the relief of certain persons
holding an interest in or title to fractional and whole lots sold
under the authority of an act, &c., and for other purposes
therein mentioned.
Which on motion of Mr. James E. Brown, was referred
to the Judiciary Committee.
On motion,
The Senate adjourned until nine o'clock, to-morrow
morning.
SATURDAY, February 16th, 1850.
The Senate met pursuant to adjournment.
Mr. A. J. Miller moved to reconsider so much ol the
Journal of yesterday as relates to the passage of the bill of
the House, to appropriate money for the purposes therein
mentioned. Upon which motion the yeas and nays were
required to be recorded, and are yeas 17—nays 17.
Those who voted in the affirmative, are Messrs.
Augustus Beall,
Byrd,
Blackshear,
James E. Brown,
Clayton,
Cqchran,
Ferrell,
Grubbs,
Hines,
McRae,
Andrew J. Miller,
James A. Miller,
Rawls,
James R. Smith;
Ira E.Smith,
Spullock,
Woods.
636
JOURNAL OF fcHE
Those who voted in the negative, are Messrs.
Bailey, Micajah Johnston, Napier,
Joseph E. Brown, William Jones, Purse,
Bryan, John Jones, \ John W. G. Smith,
Chisolm, McBee, Stell.
Clark, Mosely, Turner,
Dunham, Murphy,
The President voting in the negative, the motion was lost.
On motion, the .Senate took up message of the House, in
relation to their amendment by way of substitute to the bill
of the Senate, to legalize and make valid the appointment of
Commissioners of the Camden county Academy, and on
motion, concurred in the same.
The Senate took up as the report of the Committee of the
whole, the reconsidered bill of the House, to authorize all
persons whatever to establish and erect ferries and bridges
on their own land.
Mr.Ferrel moved to amend the second section, by adding
the following yrords:—" Or by the order of any Inferior
Court in this State ;" which was agreed to. The report as
amended, was agreed to ; the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the reconsidered bill of the House, to appoint Mas¬
ters in equity, for the counties of Muscogee, Talbot and
Stewart, and for other purposes therein mentioned.
Mr. J. W. G. Smith moved to amend by striking out the
word "Talbot," wherever it occurs in the bill; which was
agreed to.
On reading the 1st section, Mr. J. W. G. Smith moved to
amend, by striking out the words " four yearswhich was
agreed to.
Mr. Ferrel moved to amend, by inserting the words " two
years." Upon which motion the yeas and nays were requir¬
ed to be recorded, and are yeas 14, nays 18.
Those who voted in the affirmative, are Messrs.
Augustus Beall, Ferrell, Andrew J. Miller,
Byrd, Gonder, James A. Miller,
Blackshear, Grubbs, Napier,
James E. Brown, Hines, James R. Smith.
Clayton, McRae,
Those who voted in the negative,are Messrs.
Joseph E. Brown, Micajah Johnston, John W. G. Smith,
Bryan, McBee, I™ E. Smith,
Chisolm, Mosely, Spullock,
Clark, • Murphy, Stell.
Cochran, Purse, Turner,
Edmondson, Ra wis, Woods.
So the motion was lost.
SENATE.
637
Mr. J. W. G. Smith moved to amend by inserting the
words "one yearwhich was agreed to.
Mr. A. J. Miller moved to amend, by adding after the
words " one year," the following words:—" And until his
successor is appointedwhich was agreed to The report
as amended, was agreed to, the bill was read the third time
and passed.
The following message was received from His Excellency
the Governor, by Mr. Patton, his Secretary:
Mr. President—His Excellency the Governor has approv¬
ed and signed the following act, to wit:
An act to repeal an act entitled an act to alter and amend
the several acts regulating Roads in this State, so far as re¬
spects the operation of said act in the counties of Bryan,
Liberty, Mcintosh, Glynn and Wayne, approved December
8,1806, and to repeal the act of 1847, so far as respects the
county of Mcintosh, and to provide for the filling of vacan¬
cies in the Board of Commissions authorized by the original
act of 1803, and for other purposes.
On motion, the Senate took up as the report of the Com¬
mittee of the whole, the bill of the House, to extend for five
years, the charter ot the Central Bank of Georgia.
Mr. J. R. Smith moved to amend, by adding the following
as an additional section:
" Aad be it further enacted, That the office of Director of
said Bank be, and the same is hereby abolished, and the
Cashier shall hereafter discharge all the duties required of
the said Director."
Mr. Spullock moved to lay the report and amendment
upon the table for the present; which motion was lost.
The question then recurred on receiving Mr. Smith's
amendment, and on which the yeas and nays were required
to be recorded, and are yeas 16, nays 13.
Those who voted in the affirmative, are Messrs.
Augustus Beall, Cochran, Andrew J. Miller,
Byrd, Ferrell, James A. Miller,
Blackshear, Gonder, Rawls,
James E. Brown, Grubbs, James R. Smith,
Chisolm, McRae, Woods.
Clayton,
Those who voted in the negative, are Messrs.
Bailey, Edmondson, * Purse,
Joseph E. Brown, McBee, John W. G. Smith,
Bryan, Mosely, Spullock,
Clark, Murphy, Stell,
Dunham,
So,the motion prevailed.
638
JOURNAIi OF THE
Mr. Joseph E. Brown moved to amend, by adding the
following, as an additional section:
« And be it further enacted, That the said office of Director
shall continue in force till the first day of January, 1852,
any provision in any other section of this bill to the contrary
notwithstanding,''
Pending the motion, Mr. Bailey moved to adjourn; which
was lost.
The question then recurred upon receiving the amend¬
ment offered by Mr. Joseph E. Brown, and upon which
motion, the yeas and nays were required to be recorded,
and are yeas 13, nays 16.
Those who voted in the affirmative, are Messrs.
Bailey,
Joseph E. Brown,
Bryan,
Clark,
Edmondson,
McBee, Ira E. Smith,
Mosely, Spullock,
Purse, Stell.
John W. G. Smith, Turner.
Those who voted in the negative, are Messrs.
Augustus Beall, Ferrell, James A. Miller,
~ Gonder,
Grubbs,
McRae,
Andrew J. Miller,
Murphy,
Rawls,
James R. Smith,
Woods.
Byrd,
James E. Brown,
Chisolm,
Clayton,
Cochran,
So the motion was lost.
The report as amended, was agreed to, the bill was read
the third time, and on the question shall this bill now pass?
the yeas and nays were required to be recorded, and are
yeas 17—nays 15.
Those who voted in the affirmative, are Messrs.
Cochran, Andrew J. Miller,
Ferrell, James A. Miller,
Gonder, Rawls,
Grubbs, James R. Smith.
Hines, Woods.
McRae,
Augustus Beall,
Byrd,
Blackshear,
James E. Brown,
Chisolm,
Clayton,
Those who voted in the negative, are Messrs.
Bailey,
Joseph E. Brown,
Bryan,
Clark,
Dunham,
Edmondson,
McBee,
Mosely,
Murphy,
Purse,
John W. G. Smith,
Ira E. Smith,
Spullock.
Stell.
Turner,
So the bill was passed.
senate.
639
Leave of absence was granted to Mr. Love, after to-day,
for the balance of the session.
On motion,
The Senate adjourned until ten o'clock, Monday morning.
MONDAY, February 18th, 1850.
The Senate met pursuant to adjournment.
Mr. Spullock moved to reconsider so much of the Journal
of Saturday, as relates to the passage of the bill of the House,
to extend for five years the charter of the Central Bank of
' Georgia. Upon which motion, the yeas and nays were re¬
quired to be recorded, and are yeas 18—nays 15.
Those who voted in the affirmative, are Messrs.
Bailey, William Jones, Rawls,
Joseph E. Brown, John Jones, John W. G. Smith,
Bryan, McBee, Ira E.-Smith,
Clark, Mosely, Spullock,
Dunham, Napier, Stell,
Edmondson, Purse, Turner.
Those who voted in the negative, are Messrs.
Augustus Beall, Chisolm, Love,
Elias Beall, Clayton, McRae,
Byrd, Ferrell, Andrew J. Miller,
Blackshear, Gonder, James A. Miller,
James E. Brown, Grubbs, Woods.
So the motion prevailed.
On motion,
The Senate adjourned until 9 o'clock to-morrow morning.
TUESDAY, February 19, 1850.
The Senate met pursuant to adjournment.
Mr. Byrd asked and obtained leave to report a bill to be
entitled an act to make competent the testimony of slaves
and free persons of color in trials of defendants residing in
non-slave holding States, and who is, or have been indicted
for negro stealing, or inveigling of a slave or slaves from the
possession of their owners; which was read the first
time.
Mr. Joseph E. Brown, from the Committee on the Peni¬
tentiary, to whipm had been referred the bill of the House,
640
JOURNAL OF THE
for the better government of the Penitentiary, and for other
purposes, report the same back to the Senate, an<f
On motion of Mr. A. J. Miller, the bill was referred to a
Select Committee consisting of Messrs. A. J. Miller, Joseph
E. Brown and Stell.
The Senate took up as the report of the Commitll&e of the
whole, the bill of the House to compel all persons taking up
runaway slaves to deliver the same to the Jailor of the coun¬
ty where taken up, and to prohibit said persons from detain¬
ing in their custody such runaway slave or slaves for a
longer time than fo.tir days, and for other purposes therein
named. The report was agreed to, the bill was. read the
third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to amend the 4th section of an
act to provide for the education of the poor; which on mo¬
tion was postponed indefinitely.
The Senate took up as the report of the Committee of the
whole, the-bill of the House "to amend an act approved
December 17th, 1847, entitled an act to authorize parties to
compel discoveries at common lawwhich on motion, was
postponed indefinitely.
The Senate took up the following resolution of the House
of Representatives:
" Resolved, That his Excellency the Governor be and he is
hereby requested to place the claim of Joshua Holden against
the Federal Government, and the evidence in support of
said claim in the hands of our agent in Washington, charged
with the duty of pressing to a final settlement the military
claims of this State against the said Government, and that
he be instructed to make all proper efforts to have the same
paid4; which being read, was
On motion of Mr. Purse, laid on the table for the balance
of the session.
The Senate took up as the report of the Committee of the
'whole, the bill to organize a new Judicial Circuit to be
composed of the counties of Macon and Dooly of the South¬
western Circuit, and Houston, Crawford and Bibb, of the
Flint Circuit, under the name and style of the Houston Cir¬
cuit, and to define the time of holding said Courts, which
On motion of Mr. J. A. Miller, was laid on the table for
the balance of the session.
Mr. Bailey made the following report:
The Special Committee, to whom was referred the bill of
the House to appropriate a sum of money to build a Road
over the Lookout Mountain in the counties of Dade and
Walker, have considered the same and ask leave to report,
that the information derived from examination of the ques¬
tion, leads the Committee to the opinion that a Road is de¬
sirable over the section contemplated j and that the amount
SENATE.
641
of money* may be profitably used for that part of the
country. 0
The* Committee therefore recommend the passage of the
bill without any amendment except "the publication of let¬
ting the contract."
On motion, the bill was taken up as the report of the Com-
■ mittee of the whole.
•Mr. Bailey moved to amend by adding to the fourth sec¬
tion, the following:
• "And al£o to be published at least one month before the
day of letting out said contract, in any two public gazettes
that the said Inferior Court may designate;" which was
agreed to.
Mr. James E. Brown moved to amend by adding the fol¬
lowing as an additional section:
" And be it further enacted, That the sum of fifty thousand
dollars be appropriatedfout of any monies in the Treasury
not otherwise disposed of, to the building and extension of
the South Western Rail Road from the place where the town
of Oglethorpe is located, towards the western terminus of
said Road, and that the Governor draw his warrant in favor
of the President of said Road on the Treasurer for the same;
provided, that the State shall, in making said appropria¬
tion, do so as a subscription for that amount of stock in said
Road, and take and hold the said stock as other stockhold¬
ers in said Rail Road Company. Upon which motion the
yeas and nays were required to be recorded and are yeas
10, nays 21.
Those who voted in the affirmative, are Messrs.
Elias Beall, Edrqondson, McRae,
Blackshear, Eberhart, Andrew J. Miller,
James E. Brown, Love, James A. Miller.
Clark,
Those who voted in the negative, are Messrs.
Bailey, Grubbs, Rawls,
Byrd, John Jones, John W. G. Smith,
Joseph E. Brown, McBee, ■ Ira E. Smith,
Bryan, Mosely, Spullock,
Chisolm, Murphy, , Stell,
Clayton, Napier, Tsurner,
Dunham, Purse, Woods.J
So the motion was lost.
The report as amended was agreed to ; the bill was read
the third time, and on the question "shall this bill now
pass ?" "the yeas and nays were required to be recorded,
and are yeas 16—nays 13.
Those who voted in the affirmative, are, Messrs.
Bailey, Blackshear, Joseph E. Brown,
* 41
642
journal of teh
Chisolm, Mosely,
John Jones, Murphy,
Love, Napier,
McBee, Purse,
Andrew J. Miller,
Those who voted in the negative,
Elias Beall, Clayton,
Byrd, Edmondson,
James E. Brown, Ferrell,
Bryan, Grubbs,
Clark,
So the bill was passed.
Mr. Clark laid on the table the following preamble and
resolution:
"Whereas, the Hon. Thomas T. Long, a member of this
body, has lately sustained a severe and melancholy domes¬
tic affliction—
Therefore he it resolved, That the members of the Senate
hereby tender to the Hon. Thomas T. Long, their sincere
sympathies in his present bereavement, and that the Secre¬
tary furnish Mr. Long with a copy of this resolution; which
On motion, was taken up, read, and unanimously adopted.
Mr. Stell, from the Committee on Enrolment, reported
as duly enrolled and ready for the signature of the President
of the Senate, 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 and
premises to which they may be attached, passed 22d De¬
cember, 1834, so as to give to painters, tinners, and copper¬
smiths, in the county of Richmond and the city of Savannah,
and the city of Columbus, the like security for debts due on
account of work done and materials furnished, &c.
Mr. Edmondson laid on the table the following resolution:
Resolved, That the Secretary inform the House that the
Senate is ready to adjourn at any hour that body may desig¬
nate ; which
On motion was taken up, read and agreed to.
On motion,
The Senate adjourned until three o'clock, P. M.
Three o'clock, p. m.
The Senate met pursuant to adjournment.
Mr. Bailey made the following report:
The Judiciary Committee to whom was referred the bill to
amend ran act, approved, December 10th, 1803, to author-
John W. G. Smith,
Ira E. Smith,
Spullock,
Turner.
are Messrs.
McRae,
James A. Miller,
Rawls,
Woods.
senate;
643
ize the Justices of the Inferior Courts of this State to dis¬
charge Insolvent Debtors confined by process from any
Court of this State, whatever, so far as to amend the caption
of the same, have considered and recommend the passage of
the bill, with an amendment.
Also, recommend the passage of the bill in relation to affi¬
davits of illegality of executions.
Also recommend the passage of the bill to amend an act
entitled an act to alter and amend an act entitled an act to
define the liability of sureties on appeal, &c., approved
December 26th, 1831.
The Senate took up as the report of the Committee of the
whole, the bill of the House "in relation to affidavits of
illegality of execution. The report was agreed to, the bill
was read the third time and passed.
The Senate took up as the report of the Committee of the
whole, the bill "to amend an act approved December 10th,
1803, to authorize the Justices of the Inferior Courts of this
State to discharge Insolvent Debtors confined by process
from any Court of this State whatever, so far as to amend
the caption of the same."
, Mr. Bailey moved to amend by adding to the first section,
the following words:
"And that the said act be as valid as if again re-enacted;"
which was agreed to. The report as amended was agreed
to, the bill was read the third time and passed.
On motion of Mr. Byrd, the Senate took a recess until
four o'clock P. M.
Four o'clock, P. M.
The Senate met, and on motion of Mr. Byrd, adjourned
wntil 9 o'clock to-morrow morning.
WEDNESDAY, February 20, 1850.
The Senate met pursuant to adjournment.
Messrs. A. J. Miller and Clayton asked and obtained
leave to have their votes recorded on the Journal af yester¬
day, on Mr. James E. Brown's amendment to the bill of the
House, to appropriate a sum of money to build a Road over
the Look Out. Mountain* 'in the^counties .of Walker and
Dade. Mr. A, J, .Miller's name iwas recorded , an the affir¬
mative, and William Clhyton's in the negative, accordingly.
They also asked and obtained leave toffiave their Votes re-
64 4
JOURNAL OF THE
corded on the passage of the bill, Mr. Miller in the affirma¬
tive, and Mr. Clayton in the negative ; which was done.
Mr. James E. Brown moved to reconsider so much of the
Journal of yesterday as relates to the passage of the bill of
the House, to appropriate a sum of money to build a Road
over the Look Out Mountain, in the counties of Walker and
Dade. Upon which motion the yeas and nays were re¬
quired to be recorded, and are yeas 14, nays 13.
Those who voted in the affirmative, are Messrs.
Augustus Beall, Bryan, James A. Miller,
Byrd, Clayton, Rawls,
Blackshear, Edmondson, Stell,
James E. Brown, McRae, Woods.
Joseph E. Brown, Andrew J. Miller,
Those who voted in the negative, are Messrs.
Bailey, Mosely, John W. G. Smith.
Chisolm, Murphy, Ira E. Smith,
Grubbs, Napier, Spullock,
William Jones, Purse, Turner.
John Jones,
So the motion to re-consider, prevailed.
, Leave of absence was granted to Mr. James A. Miller
for the balance.of the session, after Thursday next.
Mr. Murphy made the following report:
The Select Committee tO whom wras referred the Message
of the Governor, in answer to the resolutions of the Senate,
in relation to the Mandamus issued against him, have had
the same under consideration, and ask leave to submit the
following report:
The Committee regret to see in a Mandamus Nisi issued
by his Honor H. V. Johnson, Judge of the Superior Courts
of the Ocmulgee Circuit, at the instance of John H. Low,
of Henry county, in this State, calling on His Excellency
George W. Towns, as Governor of the State, to show cause
on the fourth Monday in February instant, or so soon there¬
after as counsel can be heard, at Milledgeville, why he
should not issue a commission to John H. Low, as Clerk of
the Court of Ordinary, of Henry county, in this State, that
there is a possibility of a conflict or contest for jurisdiction
between the Executive and Judiciary Departments of the
government of the State of Georgia, a thing certainly never
contemplated by the framers of the Constitution of the State,
or the Legislators that enacted the laws to carry it into ef¬
fect—for the One declares that the two departments shall be
separate and distinct, and the other has not enacted that the
action of the one should await or depend on the decision of
the other, and hence there cannot be a conflict without an
over-reaching in the one or the other.
SENATE.
645
While the Committee would carefully avoid coming in
contact by any legislative enactment, with either the Execu¬
tive or Judicial Departments of the government, or attempt¬
ing as Legislators, to control the action of either, under the
existing laws of the State, they deem it due to the occasion,
and not disrespectful to either the Executive or the Judicia¬
ry Departments of the government, to express an opinion as
to what the intention of the Legislators was that enacted the
law which requires the Governor of the State to cause to be
commissioned the officers elected under the laws of this
State, and therefore recommend the passage of the following
resolution:
" Resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That the commis¬
sioning power vested in the Governor, by the laws of the
State, imposes an Executive duty, which the Governor is
sworn faithfully to perform; and to enable him to do so, he
is vested with a full power, in case of conflict of claims for
a commission to the same' office, to investigate and deter¬
mine, from all the facts and circumstances, to which of the
' contending parties the commission ought of right to issue,
and to cause the same to be done, and to deprive the Gov¬
ernor of this power, and to make him a mere ministerial offi¬
cer, would be to compel him to issue two or more persons
a commission to the same office at the same time—provided
they each' had regular certificates of their election—whiclji
would be prima facie evidence thereof; and that the Judi¬
ciary. has no power or jurisdiction over the same, by man¬
damus, quo warranto, or in any other manner whatever;
and that the Governor would, for malpractice therein, be
liable to impeachment.
The following bill was taken up, read the second time
and referred to the Committee of the whole :
A bill to make competent the testimony of negroes and
free persons of color in certain cases.
The Senate took up as the report of the Committee of the
whole, the bill of the House, to extend for five years, the
charter of the Central Bank of Georgia.
Mr. James R. Smith moved to amend, by adding the fol¬
lowing as an additional section:
" And be it further enacted, That the office of Director of
said Bank, be and the same is hereby abolished, and the.
Cashier shall hereafter discharge all the duties requir¬
ed of the Director."
Mr. Joseph E. Brown moved to amend "the amendment
by adding the following proviso:
" Provided, That the said office of Director shall continue
in force until the first day of January, 1852."
Mr. A. J. Miller moved to, lay both amendments on the
table for the present; which was agreed to.,
64:6
JOURNAL OF THE
Mr. A. J. Miller moved to amend by adding the following
as additional sections :
" And be it further enacted, That the Director and Cashier
of the Central Bank shall forthwith account for and deliver
to the Treasurer of the State, all the assets and effects of said
Bank."
"And be it further enacted, That the Governor be and he
is hereby authorized and directed to appoiut and commis¬
sion an officer to be known as an Assistant Treasurer, who
shall give such bond and security as the Governor shall re¬
quire, and whose duty it shall be, under the direction of the
Governor and Treasurer, to take charge of the effects and
assets of the Central Bank, and to collect, manage, dispose
of, and administer the same as is now required by law of
the officers of said Bank, and when the business of his of¬
fice requires him to be absent from Milledgeville, or, if from
sickness he cannot attend to the duties thereof at the Trea¬
sury, the Treasurer shall act for him."
Mr. Stell moved to amend the amendment by striking out
the word "forthwith" and inserting,in lieu thereof, the
words "the first day of January, 1851 which was agreed
to.
Mr. Chisolm offered the following as a substitute for Mr.
A. J. Miller's amendment:
" And be it further enacted by the authority aforesaid, That
from and after the first day of October, the offices of both
Director and Cashier of the Central Bank shall be abolished,
and it shall be the duty of his Excellency the Governor, to
appoint two Commissioners, whose duty it shall be to wind
up the affairs of said Bank, the said Commissioners to re¬
ceive such per centum upon the amount collected, as the
Governor shall contract with such Commissioners ; and said
Commissioners shall pay over to the Treasurer of the State
and take his receipt for the same, all sums collected by them,
and said Commissioners shall give bond and security to the
Governor in such sum as he may designate, for the faithful
discharge of their duties, and that the Director and Cashier
shall forthwith account unto and turn over to said Commis¬
sioners all the claims belonging to said Bank."
Mr. Joseph E. Browu called for the previous question, and
on seconding the same, the yeas and nays were required to
be recorded and are yeas 16, nays 15.
Those who voted in the affirmative, are Messrs.
Bailey, Edmondson, Napier.
Joseph E. Brown, John Jone$, Purse,
Bryan, McBee, John W. G. Smith,
Clark,
Cochran,
Dunham,
Mosely,
Murphy,
Spullock.
Stell.
SENATE.
647
Those who voted in the negative, are Messrs.
Augustus Beall, Chisolm, Andrew J. Miller,
Elias Beall, Clayton, James A. Miller,
Byrd, Gonder, Rawls,
Blackshear, Grubbs, Turner,
James E. Brown, McRae, Woods.
So the call for the previous question was seconded by a
majority of the Senate, and on the question " shall the main
question now be put?" the yeas and nays were required to
be recorded, and are yeas 17, nays 15.
Those who voted in the affirmative, are Messrs.
Bailey, Edmondson, Purse,
Joseph E. Brown, John Jones, John W. G. Smith,
Bryan, McBee, Ira E. Smith,
Clark, Mosely, Spullock,
Cochran, Murphy, StelL
Dunham, Napier,
Those who voted in the negative, are Messrs.
Augustus Beall, Chisolm, Andrew J. Miller,
Elias Beall, Clayton, James A. Miller,
Byrd, Gonder, Rawls,
Blackshear, Grubbs, Turner,
James E. Brown, McRae, Woods.
So the Senate determined the main question should now
be put.
The report was agreed to, the bill was read the third
time, and on the question "shall this bill now pass?" the
yeas and nays were required to be recorded, and are yeas
17, nays 15.
Those who voted in the affirmative, are Messrs.
Bailey, Edmondson, Purse,
Joseph E. Brown, John Jones, John W. G. Smith,
Bryan, McBee, Ira E. Smith,
Clark, Mosely, Spullock,
Cochran, Murphy, Stell.
Dunham, Napier,
, Those who voted in the negative, are Messrs.
Augustus Beall, Chisolm, Andrew J. Miller,
Elias Beall, Clayton, James A. Miller,
Byrd, Gonder, Rawls,
Blackshear, Grubbs, Turner,
James E. Brown, McRae, Wodds.
So the bill was passed.
Mr. Stell from the Committee on Enrolment, reports as
duly enrolled and ready for the signature of the President
of the Senate, an act to incorporate the Macon Canal Com¬
pany, and punish, those who may injure their property.
.048
journal of the
- Mr. A. J. Miller laid on the table the following resolution:
Resolved by the Senate and House of Representatives, That
it shall be the duty of the Principal Keeper of the Peniten¬
tiary to have executed by the convicts, the excavation and
embankments which may be necesssary to extend the Mil-
ledgeville and Gordon Rail Road to a depot to be placed on
the vacant ground in the Penitentiary square, north of the
Court House, and east of the Penitentiary; and also to grade
the ground which may be laid out for a depot; the whole to
be done with as little delay as practicable, provided, that
the Principal Keeper shalLbe allowed to construct a turn¬
out near, and for the use of the Penitentiary.
Mr. Joseph E. Brown laid on the table the following reso¬
lution :
Resolved by the Senate and House of Representatives qf the
State of Georgia in General Assembly met, That his Excellen¬
cy the Governor be and he is hereby requested to inform the
Hon. M. Hall McAllister, Charles J. McDonald, Charles
Dougherty and William Law, of their election as delegates
to the Southern Convention, to be held at Nashville in June
next, and to request their acceptance, and in case they or
either of them should refuse to accept the appointment by
the first of May next, it shall then be the duty of the Gover¬
nor to appoint some suitable person in the place of such del¬
egate so,refusing to accept, from the party in which the va¬
cancy "occurs, and in case of a vacancy from any other
cause, the Governor is hereby authorized to fill such var
cancy; which on motion, was taken up, read and agreed to.
On motion,
The Senate adjourned until nine o'clock to-morrow
morning.
THURSDAY, February 21, 1850.
The Senate met pursuant to adjournment.
The Senate took up as the report of the Committee of the
whole, the bill to make competent the testimony of negroes
in certain cases.
Mr. Elias Beall moved to postpone the report indefinitely.
Upon which motion the yeas and nays were required to
be recorded, and are yeas 15, nays 11.
Those who voted in the affirmative, are Messrs.
Augustus Beall, Edmondson, Purse,
Elias Beall, McBee, John W. G. Smith,
James E. Brown, Andrew J. Miller, Spullock,
Bryan, James A. Miller, Stell,
Chisolm, Murphy, Woods.
SENATE.
649
Those who voted in the negative, afe Messrs.
Byrd, Clayton, Rawls,
Blackshear, Dunham, Ira E. Smith,
Joseph E. Brown, John Jones, Turner.
Clark, Mosely,
So the motion prevailed.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
passed the following bills which originated in Senate, to
wit:,
The bill to amend an act entitled an act to lay off and di¬
vide the State into eight Congressional districts, and to point
out the mode of electing members to Congress in each dis¬
trict, and to provide against illegal voting, assented to 23d
December, 1843.
The bill in relation to divorces.
The bill to alter and amend the twelfth section of the
second article of the Consitution of the State of Georgia.
The bill to be entitled an act for certain purposes con¬
nected with the Bank of Darien.
The bill to allow widows and children of deceased per¬
sons a support out of the estate of the deceased for the^term
of twelve months, in cases where no administration has been
granted on the estate, to ascertain the amount necessary for
the support, and to exempt it from levy and sale for the
debts of the deceased, or by an administrator, and vest the
title in the family of the deceased.
The bill for the relief of teachers of poor children of the
county of Hall, for the year eighteen hundred and forty-five.
The bill to authorize the Governor to grant to William
Smith of the county of Lowndes, lot No. 10 in the 10th dis¬
trict originally Irwin county, on certain conditions.
The bill to change the names and legitimatize certain
children therein named. " *
The bill to alter and change the line between the counties
of Murray and Walker, and for other purposes therein men¬
tioned.
The bill to authorize the administrators of the estates of
Hardy Joy and Alston H. Green, late of DeKalb county,
deceased, to sell certain lots belonging to said estates in the
city of Atlanta. , _
The bill to exenipt from taxation the Odd Fellow Insti¬
tute of the city of Columbus, No. 6, and the Fletcher Insti¬
tute of the county of Thomas, and the LaGrange Female
Seminary in the county of Troup.
The bill to change the names of E. W. Wingfield and
650
JOURNAIi OF THE
Henry Fitz to E. H. Wingfield and Henry Fitz, on grants lo
certain lot's of land hereafter named.
The bill to regulate Vendue Masters in the city of Darien.
The bill to amend an act entitled an act to incorporate the
town of Cumming in the county of Forsyth, approved the
27th day of December, 1845, so far as to repeal the 4th sec¬
tion thereof, and all other parts of said act authorizing the
assessment of a General tax on the citizens of said town.
The bill to incorporate Sisters Church in the county of
Washington, and to appoint trustees for the same.
The bill to consolidate the fourteenth and fifteenth Regi¬
ments, G. M., of the county of Hancock.
The bill for the relief of Francis M. Ison of the county of
Pike.
The bill to amend an act entitled an act, passed Dec.,
29th, 1838, to define and affix the punishment of a crime or
misdemeanor committed by a slave, by the Counsel, persua¬
sion or procurement, or other means of free white persons.
They have also passed the following bills of the Senate
with amendments, to which they desire concurrence.
The bill to alter and amend the 10th section of an act to
alter and amend the several acts incorporating the city of
Macon, approved 27th December, 1847, so far as relates to
-the election of Marshal of said city.
The bill to change the time of holding the Superior Courts
of the counties of Thomas, Lowndes, Ware, Appling, Lau¬
rens, Pulaski, Telfair, Irwin, Twiggs and Columbia ; also,
the Inferior Courts of the counties of Lowndes, Columbia
and Richmond, by a substitute.
The bill for the relief of Henry W. Blake of the county of
Hall.
The bill to change the time of holding the Supreme Court
at Cassville and Gainesville. .
The bill to amend an act incorporating the city of Dalton
in Murray county, approved the 29th December, 1847.
Thobill to authorize the Judge of the Superior Court of the
South Western circuit, to regulate the sittings of the Supe¬
rior Courts of Baker and Decatur counties, to draw jurors
for the former Court, and to prescribe the manner of doing
both, by a substitute.
And the bill to remove certain election precincts therein
named, and to establish others.
They have agreed to a resolution to authorize the Gov¬
ernor to deliver his warrant in favor of James King, Wil¬
liam Wayne, William' Hardeman and Joseph Donaldson, for
the sums severally appropriated to them, to Lawson Fields
and Joshua Roberts, Representative of the county of
Cherokee. To which they desire concurrence.
And they have passed the bill of the House to curtail the
SENATE.
651
labor of the Clerk of the Supreme Court, and to reduce the
cost in said Court.
And they have also agreed to a resolution to authorize the
Governor to deliver his warrant in favor of Rene M. Pitt-
man, for the sum appropriated to him, to Alison Nelson, a
Representative from the county of Cobb. To which they
desire concurrence.
Mr. Edmondson made the following report:
The Committe to whom was referred the bill of the House
for the relief of Duncan McDougald of the county ol Musco¬
gee, and to appropriate to him a sum of money, and for other
purposes therein mentioned, have had the same* under con¬
sideration, and beg leave to report: that having fully exam¬
ined the claim, would recommend the passage of the bill.
On motion, the bill was taken up as the report of the
Committee of the whole. The report was agreed to, the
bill was read the third time and passed.
Mr. A. J. Miller made the following report:
The Select Committee, to whom was referred the bill of
the House, for the better government of the Penitentiary,
have had the same under consideration and report an amend¬
ment by way of substitute, the passage of which they re¬
commend.
On motion, the bill was taken up as the report of the Com¬
mittee of the whole, and the amendment of the Select Com¬
mittee by way of substitute, being under consideration, Mr.
Turner moved the following as an additional section :
And be it further enacted, That the Principal Keeper be
and he is hereby authorized to sell and dispose of all old and
useless materials on hand, and that he be allowed a proper
credit for the same in his accounts; which was agreed to.
The substitute as amended was received. The report as
amended was agreed to, the bill was read the third time
and passed.
Mr. Stell. from the Committee on Enrolment, reported as
duly enrolled, and ready for the signature of the President
of the Senate, an act to revive and continue in force an act
passed in 1839, incorporating the St. Mary's Academy, and
to appoint trustees for the same. ^
Also, an act to alter and amend an act entitled an act to
lay off and divide the State into eight Congressional districts,
and to point out the mode of electing members to Congress
in each district, and to provide against illegal voting, assent¬
ed to December 23d, 1843.
Also, as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of the
President of the Senate, the following acts:
An act to make Nancy Waters, the wile of James Waters,
and Candace R. Carter, wife of John Carter of Talbot coun¬
ty, free dealers.
652
JOURNAL OF THE
Also, an act to alter and amend an act entitled an act to
alter and amend the several acts incorporating the city of
Macon, approved December 27th, 1847, and to abolish the
office and duty of assessors. •
Also, an act to compensate the managers of elections in
the county of Wayne.
Also* an act to amend an act entitled an- act to make Bank
and other corporations, subject to garnishment and to regulate
proceedings against garnishers in certain cases, assented to
December 24th, 1832, and the several acts amendatory there¬
of, so far as relates to the proviso in the third section of said act
Also, an act to make it a penal offence for any Engineer
or other officer or agent on, or managing or conducting any
Rail Road in this State, to allow any slave to travel on the
same, except under certain circumstances.
^ Also, an act to incorporate the Hydraulic Company of the
city of Savannah, and for other purposes therein named.
Also, an act to amend the several acts in relation to the
assignment of Dower.
Also, an act to regulate and give control of the Fisheries
on the Great Ogeechee river, below Hill's bridge on the Da-
rien road in Bryan county, and on the Savannah river from
Abercorn creek to the mouth of said river, to the proprietors
of the Banks and islands of said river; also, to prevent illicit
trading with slaves, and disseminating incendiary publica¬
tions.
Also, an act to alter and amend an act entitled an act to
organize the Lunatic Asylum of the State of Georgia, to
provide for the government of the same, and to appropriate
a sum of money for the same, assented to December 10th,
-1841.
Also, an act to authorize amendments to be made instanter
in cases of misnomer in all Judicial pleadings.
Also, an act to regulate the action of magistrates upon
peace warrants.
• Also, an act to amend an act entitled an act concerning
Coroners' inquests, passed Dec. 22d, 1823.
Also, an act for the relief of Emory College for taxes ille¬
gally assessed against the Trustees of said College.
Also, an act to authorize the Inferior Courts in the several
counties in this State to grant license to certain persons
therein described, upon certain conditious.
Also, an act to authorize James Brewer and William
Brewer to establish a ferry across the Altamaha river at
Oglethorpe Bluff, and other purposes therein mentioned.
Also, an act to prevent Sheriffs from holding the office ot
Constable. . , t f
Also, an act to add lot of land No. 6, in the 22d district o
originally Muscogee, now Harris, to the county of Talbot,
and also, the lot of land where William Stead now resides
SENATE.
653
in the county pf Talbot, and the premises of William H.
Newton and others of Lumpkin, to the county of Forsyth.
Also, an act to alter and amend the several acts incorpo¬
rating the city of Griffin.
Also, an act to incojporate the Stockholders of the Chero¬
kee Rail Road or Plank Road Company.
Also, an act to repeal an act entitled an act to authorize
the Inferior Court of Lumpkin county, to levy an extra tax
for county purposes.
Also, an act to establish, change and abolish certain
election precincts in certain counties therein mentioned, and
define the place of holding Justices Courts in certain districts
therein designated.
Also, an act to incorporate the Mulberry Grove Manufac¬
turing Company, in the county of Harris, and for other pur¬
poses therein mentioned.
Also, in relation to the Ruckersville Banking Company.
Also, an act to regulate the tax on sales at auction.
Also, an act for the relief of Harvey McCormack Ward.
Also, an act to authorize JepthaB. Stevens, of the county
of Gilmer, to practice medicine, under the Botanic system.
Also, an act to inc >rporate the Wellington Academy, in
Morgan county, and Longstreet Academy, in Coweta" coun¬
ty, and to appoint trustees for the same.
Also, an act to incorporate the Lumpkin Guards, and to
extend to them certain privilege.
Also, an act for the relief of Wm. Hardeman, of the coun¬
ty of Cherokee.
Also, an act to incorporate the Colnmbus and Greenville
Plank and Turnpike Road Company ; the Columbus and
Lumpkin' Plank and Turnpike Road Company; and the
Sparta Plank and Turnpike Road Company, and also for
other purposes therein named.
Also, an act to incorporate Union Academy, in the coun¬
ty of Macon, and appoint trustees for ihe same ; and to in¬
corporate Shady Grove Academy, in the county of Wilkin¬
son, and to appoint trustees for the same.
Mr.Dunham made the following report:
The Committee of Conference, to whom was referred the
question of disagreement between the Senate and Jlouse, in
relation to the Senate's amendment proposing to remove the
election precinct at "Snowpill," to the house of Mrs. Re¬
becca Hamson; in the bill of the House, to create an addi¬
tional election precint, and to remove various others in the
county of Washington, have conferred with the Committee
of the House, and recommend the passage of the bill as it
came from tne House.
On motion, the report was taken up read and agreed to.
On motion of Mr. John W. G. Smith, the Senate took up
the following resolution:
654:
JOURNAL. OP THE
Resolved, by the Senate and House of Representatives, That it
shall be the duty of the principal keeper of the Penitentiary,
to have executed by the convicts, the excavations and em¬
bankments which may be necessary to extend the Milledge-
ville and Gordon Rail Road to a depot to be placed on the
vacant ground on the Penitentiary Square, north of the
Court House and east of the Penitentiary—atid also, to
grade the ground which may be laid out for a depot; the
whole to be done with as little delay as practicable—pro¬
vided that the principal keeper shall be allowed to con¬
struct a turn-out near, and for the use of the Penitentiary.
Mr. John W. G. Smith offered the following as a substi¬
tute :
Resolved, by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That the Milledge-
ville and Gordon Rail Road Company are hereby authorized
to run said railway- through the grounds attached to the
Penitentiary, at such place, and on such terms as may be
agreed upon by the said Company and His Excellenoy the
Governor, and not otherwise.
Resolved, That His Excellency the Governor, is hereby
authorized to cause the convicts, or any portion of them he
may deem necessary, to labor on said Rail Road, for sueh
compensation as may be agreed upon, between him and
said Company, but not otherwise.
Mr. A. J. Miller moved to amend the original resolution,
by adding the following proviso:
" And provided further, That said Road shall be run
through or near the Penitentiary grounds, in such manner
and direction as the Governor may approve; which was
agreed to.
Mr. A. J. Miller moved to lay the substitute on the table
for the present. On which motion the yeas and nays were
required to be recorded, and are yeas 22, nays 7.
Those who voted in the affirmative, are Messrs.
Augustus Beall, Cochran, James A. Miller.
Elias Beall, Dunham, Murphy,
Byrd, Micajah Johnston, Purse,
Blackshear, William Jones, Spullock,
James E. Brown, McBee, Stell,
Chisolm, McRae, Turner.
Clayton, Andrew J. Miller, Woods.
Those who voted in the negative are Messrs.
Joseph E. Brown, Napier, John W. G. Smith,
Clark, Rawls, Ira E. Smith,
Edmondsori,
So the motion prevailed.
Senate.
655
The question then recurred on agreeing to the resolution
as amended. On which motion, the yeas and nays were
required to be recorded, and are yeas 21, nays 6.
Those who voted in the affirmative, are Messrs.
Augustus Beall, Cochran, James A. Miller,
Elias Beall, Dunham, Murphy,
Byrd, Micajali Johnston, Purse,
Blackshear, William Jones, Rawls,
James E. Brown, McBee, Spullock,
Chisolm, McRae, Stell,
Clayton, . Andrew J. Miller, Woods.
Those who voted in the negative, are Messrs
Joseph E. Brown, Edmondson, John W. G. Smith.
Clark, Napier, Ira E. Smith,
So the resolution was agreed to.
The Senate took up and concurred in the amendment of
the House to the bill for the relief of Henry W. Blake of the
county of Hall.
The Senate took up and concurred in the amendment of
the House to the bill to alter and amend the 10th section of
an act to alter and amend the several acts incorporating the
City of Macon, approved 27th December, 1847, so far as re¬
lates to the election of Marshal of said city.
The Senate took up and concurred in the first amendment
of the House to the bill to change the time of holding the
Supreme Court at Cassville and Gainesville.
On reading the second amendment as follows :
" And be it further enacted, That from and after the pas¬
sage of this act the Superior Court shall be held in and for
the county of Franklin on the fourth Monday in March and
September in each year."
Mr. Edmondson moved' to amend by striking out the
words " from and after the passage of this act," and insert¬
ing in lieu thereof" from and after the first day of May next
which was agreed to.
The Senate took up and concurred in the amendments of
the House to the bill to authorize the Judge of the Superior
Court of the South Western Circuit, to regulate the sittings
of the Superior Courts of Baker and Decatur counties, to
draw Jurors for the former Court and to prescribe the man¬
ner of doing both.
The Senate took up and concurred in the amendment of
the House to the bill to remove certain election precincts
therein named, and to establish others.
The Senate took and concurred in the "aiWendiUetit of th«
House to the bill to amend an act incorporating the City of
Dalton, in Murray county, approved the 29th Dec. 1847.
656
JOURNAL OF THE
The Senate took up and concurred in the amendment of
the House to the bill to change time of holding the Superior
Courts of the conties of Thomas, Lowndes, Ware, Appling,
Laurens, Pulaski, Telfair, Irwin, Twiggs and Columbia-;
also, the Inferior Courts of the counties of Lowndes, Colum¬
bia, and Rich'mond.
Mr. Stell from the Committee on Enrolment, reported as.
duly enrolled and ready for the*signature of the President
of the Senate, an act for the relief of teachers of poor Chiln
dren of the county of Hall for the year 184 5.
Also, an act for certain purposes connected with the Bank,
ofDarien.
Also, an act to exempt from taxation the Odd Fellows'III-'
stitute in the city of Columbus, No. 6, and the Fletcher In-*
stitute in the county of Thomas, and the LaGrange Fernale'
Seminary in the county of Troup. . , • ,. ^
The Senate took up as the report of the Committee of the.
whole, the bill of the House for the relief of the Merchant*
Bank of Macon.
Mr. Clark moved to amend by striking out. the^proyigo
to the first section , which was agreed to. The rrjj&rt&as
amended was agreed to, the bill was read thd* third*tinie
and passed. v
The bill of the House to curtail the labor of the ClerkV>f
the Supreme Court, and to reduce t^ie cost in4said* Court,
was taken up and read the first time. , * " ,,
Mr. Clayton laid on the table the>,following preaAible and
resolntioa:
Whereas, a resolution has been passed by this. General'
Assembly, authorizing his Excellency the Governor to ap¬
point an agent, if in his judgment he should deem it expe¬
dient, to press the claims of the Stato of Georgia against the
General Government for advances made in the Creek and
Seminole wars ; and whereas, the Central Bank holds cer¬
tain claims against the General Government also ; now in
order to save to the State the expenses which would be in¬
curred by the appointment of an additional agent to attend
to these latter claims, be i,t therefore
Resolved, by the Senate and House of Representatives of the
State of Georgia, That the Director of the Central Bank be
and he is hereby required to forward all thb claims which
the Central Bank holds against the General Government, to¬
gether with all the evidence upon which said claims are
based to the said agent of the State now in Washington city,
and direct him to urge the settlement of the claims due the
Central Bank, and the said agent is hereby required to act
in accordance with these directions ; which were taken up,
read and agreed to.
The Senate took up resolution of the.House, authorizing
the Governor to deliver his warrant in favor of James King,
senate.
657
Williairi Wayne, William Hardeman and Joseph Donald¬
son, of the county of Cherokee, for the sums severally ap¬
propriated to them by the present General Assembly, to
Lawson Fields and Joshua Roberts, Representatives from
said county, and concurred therein-
The Senate also took up and concurred in resolution from
the House authorizing the Governor to deliver his warrant
in favor of Rene M. Pitman, of the county of Cobb, for the
sum appropriated to him by the present General Assembly,
to. Allison Nelson, Representative from said county.
On motion,
The Senate adjourned until 3 o'clock, P. M.
Three o'clock, P, M.
TKfe Seriate met pursuant to adjournment, and took up as
the, report of the .Committee of the whole, the reconsidered
bill of $he House, to appropriate a sum of money to build a
R$ac PWer the Look Out Mountain, in the counties of Wal-
' ket"and Dade.
Mr, JameS E. Johnson moved to amend, by adding the
following an additional section :
" And be it further miacted, That the sum of fifty thousand
.dollars 'be appropriated out of any monies in the treasury,
« not otherwise disposed 'of, to the building and extension of
the South Western'Rail Road, from the place where the
town of Oglethorpe is located, towards the Western termi¬
nus of said Road, and that the Governor draw his warrant
in favor of the President of said Road, on the Treasurer, for
the same—provided that the State in making said appropria¬
tion, do so as a subscription for the amount of stock in said
Road, and take and hold the said stock as other stockhol¬
ders in said Rail Road Company;" which was lost.
Mr. Woods moved to amend, by adding the following as
an additional section :
And be it further enacted, That the sum of three thousand
dollars be appropriated for the purpose of opening and cut¬
ting a Road from Dahlonega through Cooper's Gap, to in¬
tersect with the North Carolina Road, near Natley's old
town, subject to the same provisions and restrictions as pro¬
vided in the foregoing act, and that John Butt, William
Martin, M. P. Quilliam and Robert B. Lewis, act as Com¬
missioners for the same. Upon which motion, the yeas and
nays were required to be recorded, and are yeas 13,
nays 12.
Those who voted in the affirmative, are Messrs.-
James E. Brown, Joseph E. Brown, Chisolm,
42 .
058 JOURNAL OF THE
i,
ri k Murphy, Spullock,
Clayton, John W. G. Smith, Stell,
Cochran, Ira E. Smith, Woods.
Mosely,
Those who voted in the negative, are Messrs.
Bailey, Micajah Johnston, James A. Miller,
Byrd, McBee, Purse,
Blackshear, McRae, Rawls,
Bryan, Andrew J. Miller, Turner,
So the motion prevailed
Mr. McRae moved to amend, by adding the following as
an additional section :
" And be it further enacted, That the sum of seven dollars
and eighty-eight cents be appropriated to pay Wiley F,
Willis the amount of taxes over-paid by him in the year
1846, and that D. F. McRae be authorized to receive and
receipt for the same which was agreed to. The report
as amended, was agreed to, the bill was read the third
time, and on the question shall this bill now pass ? the
yeas and nays were required to be recorded, and are yeas
14; nays 13.
Those who voted in the affirmative, are Messrs.
Joseph E. Brown, Andrew J. Miller, Ira E. Smith,
Chisolm, Mosely, Spullock,
Cochran, Murphy, Turner,
Micajah Johnston, Purse, Woods.
McBee, John W. G Smith,
Those who voted in the negative, are Messrs.
Bailey, Bryan,. James A. Miller,
Byrd, Clark, Rawls,
Blackshear, Clayton, Stell,
James E. Brown, McRae,
So the bill was passed.
The Senate took up the message from the House, in rela¬
tion to the amendment of Senate to the bill of House, to levy
and collect a lax for each of the political years 1850 and
1851 and thereafter.
Mr. Purse moved that the Senate recede from its amend
ment. Upon which motion the yeas and nays were required
to be recorded, and are yeas 12, nays 14.
Those who voted in the affirmative, are Messrs.
Byrd, McBee, Purse,
Blackshear, James A. Miller, Rawls, .
Joseph E. Brown, Mosely, Ira E. Smith,
Clayton, Murphy, Stell,
SENATE.
659
Those who voted in the negative, are Messrs.
Bailey, Cochran, John W. G. Smith,
James E. Brown, Dunham, Spullock,
Bryan, Micajah Johnston, Turner,
Chisolm, McRae, Woods.
Clark, Andrew J. Miller,
So the Senate decided to insist upon its amendment to
which the House had disagreed.
The following message was received from the House of
Representatives, by Mr. Harrison, their clerk:
Mr. President—The House of Representatives have agreed
to all the amendments of Senate, except the last additional
section to the bill of the House to levy and collect a tax for
each of the political years 1850 and 1S51 and thereafter, to
which said last amendment they disagree.
The House recedes from its disagreement to the amend¬
ment of Senate to the bill of the House to amend the Guar¬
dian laws of this State, as recommended and reported by
the Committee of Conference.
, The House still adheres to its substituted amendment to
the amendment of Senate to the bill of the House, to amend
an act to incorporate the South Western Rail Road Com¬
pany, and for other purposes.
They disagree to the amendments of Senate to the bill of
the House, amendatory of an act assented to 17th Decem¬
ber, 1847, entitled an act to authorize parties to compel dis¬
coveries at common law.
They also disagree to the amendments of Senate to the
bill of the House, to appoint Masters in Equity, for the
counties of Muscogee, Talbot and Stewart, and for other-
purposes therein mentioned.
They agree to the amendments of Senate as a substitute
to the bill of the House to permit certain, citizens of the
county of Sumter to exercise the rights of citizenship in the
county of Marion, with a proviso as an amendment thereto,
to which they desire concurrence.
They agree to the amendments of Senate to the bill to au¬
thorize executors and administrators or guardians to sell at
public outcry, with the consent of the Courts of Ordinary,
all insolvent or doubtful notes, bonds and other obligations
belonging to the estate of their testator or intestate or ward.
Also, to the amendments to the bill to authorize the
Sheriffs and Clerks of the Superior, Inferior and Courts of
Ordinary of the several counties in this State to advertise
the proceedings of their respective Courts in any newspaper
in this State.
They have agreed to the amendments of Senate, to the
bill to authorize the settlement of prosecutions in certain
660
JOURNAXi OF THE
cases and to regulate more particularly the duties of the
attorney and Solicitors General, and to fix their liabilities.
Also, to the amendments to the bill to authorize all per¬
sons whatever to establish and erect ferries and bridges on
their own land.
Also, to the amendments to the bill to alter the county
lines between the counties of Newton and DeKalb, Walton
and Newton, and Baker and Thomas, and fpi other purposes
therein mentioned.
Also, to, the amendments to the .bill to prohibit Sheriffs
and their deputies from becoming directly or- indirectly,
purchasers of property at sheriff's sales, to revoke titles
taken or held by them for property so purchased, and to
make penal the violation of this act.
And also, to the ameudments to the bill to regulate the
returns of executors, administrators and guardians.
The Senate took up message of the House in relation to
amendments to the bill of the House, to amend an act to in¬
corporate the South Western Rai{ Road Company, and for
other purposes.
The Senate adhered to its disagreement to the amend¬
ment of the House, by way of substitute, to the Senate's
amendment.
The Senate took up and concurred in the amendment of
the "House to the amendment of the Senate to the bill of the
House, to permit certain citizens of the county of Sumter, to
exercise the rights of citizenship in the county ofMarion.
The Senate took up message from House in relation to
amendments to the bill of the House, amendatory of an act
assented to 17th December, 1847, entitled an act to autho¬
rize parties to compel discoveries at common law.
The Senate insisted upon its amendments.
The Senate took up message from House, in relation to
amendments of the Senate to the bill of the House, to ap¬
point Masters in Equity for'the counties of Muscogee, Tal¬
bot and Stewart, and for other purposes therein mentioned.
The Senate insisted upon its amendments.
On motion of Mr. Murphy, the Senate took up the majori¬
ty's report heretofore made upon the message of the Gov¬
ernor, relative to the Mandamus Nisi issued against him by
Judge Johnson, at the instance of John H. Low.
Mr. A. J. Miller offered as a substitute for the same, the
following minority report:
The undersigned, one of the Select Committee, to whom
was referred the Message of the Governor, relative to the
Mandamus Nisi issued against him by Judge Johnson, at the
instance of John H. Low, dissenting from the conclusion to
which the majority of the Committee have come, gives the
following reasons why there should be no action upon the
senate.
661
subject, without expressing any opinion upon the case now
pending before Judge Johnson.
First, in a contest between two departments of the gov¬
ernment, (if such there be,) the third—the Legislative—
ought not to interfere, even by the expression of an opinion.
Second, there is yet no contest between the Executive
and the Judiciary. It may be, that when the return is
made to the Mandamus Nisi, and the grounds relied on by
the Executive; passed upon the consideration of the Court,
(in which it is presumed "a Scotchman's smile" is not po¬
tential,) Judge Johnson may decide in favor of the Gov¬
ernor. Th'e Supreme Court, so much assailed in the mes¬
sage, may never have occasion to express an opinion upon
the case.
Third, the Supreme Court will do its duty whenever the
circumstances require, and the Governor of the State of
Georgia, the one above all others, to whom the people 4iave
the right to look for an example of law and order, is the last
man who should set at defiance a tribunal which has no in¬
terest in the question, has not the bias occasioned by previ¬
ous action, as the Executive has, which is acting in its ap¬
propriate sphere, and under the same solemn sanctions as
the Executive himself.
Fourth, if the Governor be right in his position, that he is
independent of the Judiciary, then he has no right to call on
-the Legislature, equally independent of him and the Judicia¬
ry, for aid in the pending question. For the Legislature to
interfere, is quite as objectionable as for the Judiciary to in¬
terfere with the functions of the Executive.
ANDREW J. MILLER.
Pending the discussion upon the motion to receive the
minority report as a substitute in lieu of the majority report,
On motion,
The Senate adjourned until 9 o'clock to-morrow morning.
FRIDAY, February 22d, 1850.
The Senate met pursuant to adjournment.
The Senate took up message from the House in relation
to the disagreement of the House to the amendment of Se¬
nate to the bill of the House to levy and collect a tax for each
of the political years 1850 and 1851, and thereafter.
The Senate receded from its amendment.
The following message was received from the House of
Representatives by Mr. Harrison their Clerk:
Mr. President—The House of Representatives adhere to
their disagreement of one of the amendments of Senate to
662
JOTJRNAIi OF THE
rii* hill to collect a tax for each of the political years 1850
and 1851, and thereafter.
They have disagreed to the amendment of Senate to the
bill of the House to declare certain lahds in. the county of
Ware forfeited to the State, and to provide for disposing of
the same, and to repeal the 2d, 3d, 4th, 5th, 6th, 7th and 8th
sections of an act approved December 30th, 1847, and to
declare certain lands in the county of Ware forfeited to the
State, and to provide for disposing of the same.
They have passed a bill of the House to abolish the office
of Director of the Central Bank, to provide for the appoint¬
ment of a receiver and for closing up the affairs of the Cen¬
tral and Darien Banks.
The House has passed the following bills from the Senate:
The bill to authorize the raising and establishing a Fire
Company in the City of Atlanta, with an amendment, to
which they desire the agreement of Senate.
The bill to add the present residence of Stephen Hurst,
Sen., of the county of'Irwin to the county of Baker.
The bill to compensate the Petit Jurors in the county of
Hancock.
The bill to amend the several acts in relation to the Su¬
preme Court so far as they relate to the Reporter and Assist¬
ant Reporter, with amendments, to which they ask the Se¬
nate to agree.
The bill to incorporate the Dalton City Company.
The bill to incorporate New Hope Baptist Church in the
sixth district of Randolph county.
The bill to authorize administration on the estate of
Charles H. Rice, Esq., deceased, to be granted by the Court
of Ordinary of Houston county.
The bill to incorporate the Back River Wharf and Canal
Company, and for other purposes mentioned, with an
amendment, to which they ask agreement.
The bill to incorporate the Southern Education Society.
The bill to authorize a grant to issue to George Crumbley,
administrator, &c.
The bill to establish a Justice's Court at Holmesville,
Appling county, and to define the limits of the district, and
provide for the election of two Justices of the Peace and a
Constable, as officers of said Court. _
The bill to attach the lands and residence of Thomas O.
Christian of the county of Cass, to the county of Murray,
and for other purposes therein contained.
The bill to amend an act to change the place of holding
the Justices Court in the 26th district of Georgia Militia, in
the county of Glynn.
The bill to entitle Mary Holmes of the county of Pike, to
the estate of her child Walter J- Ballio.
The bill to authorize Jesse P« Prescott of the county of
SENATE.
66S
Lowndes, to establish a ferry over the Alapaha River on his
own land, and to prescribe the rates of ferriage, and for
other purposes therein named.
The bill to separate the offices of Tax Receiver and Col¬
lector of the county of Carroll.
The bill to authorize grants to issue to the owners of cer¬
tain fractional lots of land in the county of Talbot.
The bill to extend the time of completing and returning
the Tax Digest for the county of Lowndes until the first of
October in each and every year, and to allow the Collector
to make his settlements by the last day of December.
The bill to appropriate certain road hands in the county
of Camden, and appoint Commissioners for the same.
The bill for the relief of Andrew J. Cowart.
The bill to incorporate the Dalton Female College.
The bill to alter the county line between the counties of
Butts and Henry, with amendments, to which they ask
agreement on the part of the Senate.
The House has concurred with Senate in the report and
resolutions from the Committee on Banks, to whom was re¬
ferred the petition of William Q. Anderson, Richard J. Wil¬
lis, and Thomas Anderson.
They have agreed to a resolution to authorize the Gover¬
nor to draw his warrant on the Treasury for the amount of
money appropriated to John M. Wilhite of Jackson county,
and to authorize M. M. Mintz, Representative from the
county of Jackson, to receive and receipt for the same, to
which they ask concurrence.
They have also agreed to a resolution to authorize the
Governor to have forwarded such books as in bis judgment
may be necessary to the proper administration of justice,
upon the application of the Justices of the Inferior Court of
any county in this State, to which they desire concurrence.
Mr. Stell from the Committee on Enrolment reported as
duly enrolled and ready for the signature of the President
of the Senate, an act for the relief of Francis M. Ison of the
county of Pike.
Also, an act to authorize the administrators of the estates
of Hardy Ivey and Alston H. Greene late of DeKalb county,
deceased, to sell certain lots belonging to said estates in the
city of Atlanta.
Also, an act to consolidate the fourteenth and fifteenth
Regiments, G. M., of the county of Hancock.
Also, an act to authorize the Governor to issue a grant to
William Smith of the county of Lowndes, for lot No. 10, in
the 10th district originally Irwin county, on certain con¬
ditions. V
Also, an act to amend an act passed December 29th, 1838,
to define and affix the punishment of a crime or misdemea-
664
JOURNAL OP THE
nor committed by a slave by the counsel, persuasion or pro¬
curement or other means of free white persons.
Also, an act to change the name and legitimatize certain
children therein named.
Also, an act to regulate Vendue Masters in. the City of
Darien.
Also, an act to incorporate Sisters Church in the county
of Washington and to appoint trustees for the same.
Also, an act to alter and amend the twelfth section of the
second article of the Constitution of this State.
Also, an act to alter and change the line betwedfl the
counties of Murray and Walker, and for other purposes*
therein mentioned.
Also, an act to change the names of E. W. Wii*gfieh#ldnd;~
Henry Fitz to E. H. Wingfield and Henry Sitz, on grahtsto'
certain lots of land hereafter named.
Also, an act to amend an act entitled an act to incorpo¬
rate the town of Cumming in the county of Forsyth, approv¬
ed the 27th day of December, 1843, so far as to repeal the
4th section thereof and all other parts of said act authorizing'
the assessment of a general tax on the citizens effyiaid town."
Also, an act to pardon John Hunton of the county of
Wilkes.
Also, an act to amend an act entitled an act to incorpo¬
rate the Grand Lodge of the Independent Order of Odd Fel¬
lows of the State of Georgia.
Also, an act in relation to Divorces.
Mr. A- J- Miller made the following report r
The Committee on the Judiciary to whom was referred
■the bill "to add an additional section to the first article of the
Constitutionalso, the bill for the relief of certain persons
holding an interest in, or title to- fractions or lots sold under
the act of 1847," have had be same under consideration,
and recommend the passage of both with the amendments
reported by the Committee.
The Senate took up as the report of the Committee of the
whole, the bill of the House to be entitled an act to add an
additional section to the first'article of the Constitution. The
report was agreed to, the bill was read the third time and
passed unanimously.
Leave of absence was granted to Mr. Napier after to¬
morrow, for the balance of the session.
The Senate proceeded to the consideration of the unfinish¬
ed business of yesterday, viz:
The majority and minority reports in relation to the Man¬
damus Ni. Si. issued by Judge Johnson against the Gover¬
nor at the instance of John H. Low.
Mr. Miller moved to postpone both reports indefinitely.
Mr. Murphy called fpr a division of the question.
And on the motion to postpone the majority report, the
SENATE.
66$
yeas and nays were required to be recorded, and are yeas
9—nays 20.
Those who voted in the affirmative, are Messrs.
Augustus Beall, Blackshear, , McRae,
Elias Beall, James E. Brown, Andrew J. Miller,
' Byrd, Clayton, James A. Miller.
Those who voted in the negative, are Messrs.
Bailey, Micajah Johnston, Rawls,
Joseph E. Brown, John Jones, John W. G. Smith,
Bryan, McBee, Ira E. Smith,
Clar^ ' Mosely, Spullock,*
"CTgchran, Murphy. Stell,
Dunham,*^ Napier, Turner.
IMmfbdsdlrv Purse,
"* So the motion was lost.
" An4 £>n the motion to postpone indefinitely, the minority
repgrt* the yeas and nays were required to be recorded*
and, are—yeas 19, nays 10.
;Thos£ who voted in the affirmative, are Messrs.
Bailey" ' ♦ Mieajah Johnston, Rawls,
Joseph E'.^Brown, John Jones, John W. G. Smith,
Bryan, . McBee, IraE. Smith,
Clark, . Mosely, Spullock,
Cochran, Murphy, Stell,
Dunham, Purse, Turner.
Edmondsoni
Those who voted in the negative, are Messrs.
Augustus Beall, James E. Brown, McRae,
Elias Beall, ' Clayton, Andrew J. Miller,
Byrd, • Grubbs, James A. Miller.
Blackshear,
So the motion prevailed.
Mr. Murphy moved to agree to-the report and resolutions
of the majority. On which motion the yeas and nays were
required to be recorded, and are yeas 21, nays 10.
Those who voted in the affirmative, are Messrs.
Bailey, Micajah Johnston, Rawls,
Joseph E. Brown, John Jones, John W. G. Smith,
Bryan, McBee, Ira E. Smith,
Clark, Mosely, Spullock,
Cochran, Murphy, Stell,
Dunham, NapiCr, Turner,
Edmondson, Purse, Woods.
Those who voted in the negative, are Messrs.
Augustus Beall, James E. Brown, McRae,
Elias Beall, Clayton, Andrew J. Miller,
Byrd, Grubbs. James A. Miller.
Blackshear,
So the majority report was adopted.
666
JOURNAL OF THE
Mr. Stell, from the Committee on Enrolment, reported as
duly enrolled and signed by the Speaker of the House of Re¬
presentatives and ready for the signature of the President of
the Senate, an act to prohibit Sheriffs and their Deputies
from becoming .directly or indirectly purchasers of property
at their sales, to vacate all titles taken or held by them for
property so purchased, and to make penal the violation of
this act, and to regulate their charges in certain cases.
Also, an act to alter the county lines between the counties
of Newton and DeKalb, 'Walton and Newton, and Baker
and Thomas, and for other purposes therein mentioned,
and to add the residence of Elias Sasebee of Hall county to
Habersham county.
Also, an act to compel persons taking up runaway
slaves to deliver the same to the Jailor of the county
where taken up, and to prohibit said persons from detain¬
ing in their custody such runaway slave or slaves for a
longer time than four days, and for other purposes therein
mentioned.
Also, an act in relation to affidavits of illegality of execu-
cutions.
Also, an act to extend for five years the charter of the
Central Bank of Georgia.
Also, an act for the relief of the heirs of Isaac S. Wood,
deceased.
Also, an act for the relief of Reue M. Pittman of Cobb
county, and to appropriate a sum of money therefor.
Also, an act for the survey and sale of all unsurveyed
and unsold islands in the Chattahoochee, Ocmulgee and
Flint Rivers, within this State.
Also, an act to authorize amendments to be made instan-
ter in cases of misnomer in all Judicial proceedings and for
other purposes.
Also, an act for the relief of Duncan McDougald 6f the
county of Muscogee, and to appropriate to him a sum of mo¬
ney, and for other purposes therein mentioned.
Also, an act for the relief of Josiah S purlin, Tax Collector
for the county of Union, for the year 1349.
Also, an act to authorize executors and administrators or
guardians, to sell at public outcry with the consent of the
Courts of Ordinary, all insolvent or doubtful notes, bonds,
and other obligations and other evidences of debt belonging
to the estate of their testator, intestfate or ward.
Also, an act to authorize his excellency George W. Towns
to draw his warrant on the Treasury in favor of Thomas J.
Worthen for four hundred and fifty six dollars and thirty-two
cents, with interest from the first day of November, 1846.
Also, an act to appropriate money for the purchase of
land and making useful and necessary improvements in con¬
nexion with the Lunatic Asylum.
SENATE.
667
Also, an act to change the name of Elizabeth Strong, and
for other purposes.
'*Also, an act to change the names of certain persons therer
in named, and for other purposes.
Also, an act for the relief of the estate of James M. Kelly,
late reporter of the Supreme Court of the State of Georgia.
Also, an act to repeal the third section of an act approved
29th December, 1847, entitled an act to authorize the Cen¬
tral Rail Road and Banking Company and the Macon and
Western Rail Road Company, or either of them to form a
junction of*the Central Rail Road and Macon and Western
Rail Road, in or near the limits of the City of Macon.
Also, an act for the relief of Andrew J. Cowart.
Also, an act for the relief of Henry W. Blake of the coun¬
ty of Hall, Sarall Johnson of the county of Troup, and
Charles Cochran of the county of Gilmer.
Also, an act to extend the time of completing and return¬
ing the tax digest for the county of Lowndes until the first
of October in each and every year, and to allow the Collec¬
tor to make his settlement by the last day of December.
Also, an act to incorporate Dalton Female College.
Also, an act to amend an act to change the place of hold¬
ing the Justices Court in the 26th district, Georgia Militia, in
the county of Glynn.
Also, an act to remove certain election precincts therein
named, and to establish others.
Also, an act to authorize a grant to issue to George Crum¬
bly, administrator of the estate of Anthony Crumbley, de¬
ceased.
Also an act to authorize administration on the estate ofChas.
H. Rice, Esq., deceased, to be granted in the Court of Or¬
dinary of Houston county.
Also, an act to entitle Mary Holmes of the county of
Pike to the estate of her child, Walter J. Willis, deceased,
provided the same shall be an escheat.
Also, an act to separate the offices of Tax Receiver and
Collector of the county of Carroll.
Also, an act to authorize'grants to issue to the owners 6f
certain fractional lots of land in the county of T albot.
Also, an act to compensate Petit Jurors of the county of
Hancock.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have passed
the bill of Senate to incorporate a Banking Company in the
city of Macon, under the name of the Manufacturers Bank
of Macon.
They have agreed to a resolution requesting our Senators
and Representatives in Congress to exert their influence with
668
JOURNAL OF THE
the Post Master General, for the establishment of a weekly
one horse mail from Edin, Effingham county, to the house ot
James Hagan in the county of Bulloch.
Also, a resolution to allow $13,464 50-100, as a credit on
the books of the Penitentiary for insolvent debts belonging
to the Penitentiary, &c.
. Also, to a resolution directing the Reporter of the Supreme
Court to send all the back volumes of reports to each county
respectively, &c.
Also, to a resolution requesting our Senators and Reprts-
sentatives in Congress to procure, if they can, the establish¬
ment of a mail route from the 11th station on the Central
Rail Road, to the 55th precinct in Emanuel county.
Also, to a resolution requesting our Senators and Repre¬
sentatives in Congress to use their best efforts to procure the
establishment of a tri-weekly mail stage route from Marietta,
by the way of Canton to Dahlonega in this State.
Also, to a resolution roquesting our Senators and Repre¬
sentatives in Congress to procure a change of the weekly
mail loute from Monticello, Florida, to Thomasville, Geor¬
gia, &c.
Also, a resolution requesting the Post Master General to
change the mail route from Lumber city, Telfair county, to
Holmesville, Appling county.
Also, to a resolution that our Senators and Representatives
in Congress be requested to have the mail route from Tal-
botton to Hootensville# so altered that the same will pass
through a place in Talbot county, called Red Bene.
And also, to a resolution requiring his Excellency the
Governor to appoint a Commissioner to lay off the south
east lower hall and cleared^land of the Macon Reserve, into
lots of ten acres, &c.
To all which resolutions they desire the concurrence of
the Senate.
The Senate took up as the report of the Committee of the
whole, the bill of the House for the relief of certain persons
holding an interest in, or title to, fractional and whole lots,
sold under the authority of an abt; &c., and for other pur¬
poses therein mentioned.
On reading the 1st section as follows :
Be it enacted by the Senate and House of Representatives of
the State of Georgia in General Assembly met, and it is hereby
enacted by the authority of the same, That from and after the
passage of this act, it shall and may be lawful for his Excel¬
lency the Governor, upon satisfactory proof being submitted
to him, that any undrawn or fractional lot of land previously
sold by authority of law, and the condition of sale fully com¬
plied with by the payment of the purchase money, was resold
under the provisions of the act approved 31st December,
1847, and plats and grants issued to the second purchaser,
to draw his warrant upon the Treasurer in favor of the first
SENATE.
669
purchaser, or those holding under him, of such undrawn or
fractional lot at the time of said last sale, for the amount
paid into the Treasury under the sale authorized by the act
of 30th December, 184*7, upon said bona fide owner relin¬
quishing his right and title to the State, for the use of the
purchaser under the said act of 30th December, 1847.
Mr. Clark moved to amend by striking out after the words
" last sale," the words " for the amount paid into the Trea¬
sury under," and inserting in lieu thereof the following :—
" for the amount of the original purchase money paid into
the Treasury, provided said amount shall not exceed the
amount of;" which was agreed to.
On reading the third section as follows :
Be it further enacted, That all persons desiring to avail
themselves of the benefitof this act, shall file a written notice
of such intention in the Executive office by the first of Oc¬
tober.
Mr. A. J. Miller moved to amend by striking out the whole
section ; which was agreed to.
Mr. A. J. Miller moved to amend further by adding to the
4th section, the following :
" Where there is no other person in possession claiming
under a prior purchaser from the State;" which was
agreed to.
Mr. Joseph E. Brown moved to postpone the report in¬
definitely ; which was lost.
Mr. Spuliock moved to amend by adding the following
as an additional section :
And whereas, by an error of the State House officers, lot
of land number 43, in the third district of Coweta county,
has been lost to the drawer, and those holding under him,
and the State being liable injustice and equity for the value
of said land, and in order to prevent unnecessary litigation,
Be it enaceed by the authority aforesaid, That the Governor
be authorized to appoint three individuals who shall under
oath, value said land, and that the Governor be authorized
to draw his warrant for the amount of the value of said land,
in favor of the last individual who lost the land, and that all
the parties be released from liability growing out of the law,
and that the individual who receives the amount shall relin¬
quish all claims against the State, and also the individuals
under whom he holds his title ; which was agreed to.
Mr. James fe. Brown moved to amend by adding the follow¬
ing as an additional section :
And be it further enacted, That where any of the original
purchasers having paid the purchase money, apd have made
improvements upon their lands which has been sold as afore-,
said, they shall also be paid by the State, the value of such
' improvements, which value shall be assessed by the affi¬
davits of three disinterested persons who shall be approved
670
JOURNAL OP THE
by the Governor, and shall also be at the option of the Gov-,
ernor, to pay said assessed amount, or to leave the party or
parties to litigate their rights, which they may do notwith¬
standing any of the provisions of this act; which was lost.
Mr. Byrd moved to amend by adding the following as an
additional section:
And be it further enacted, That all persons who have lost
their lands on account of false entries or mistakes of any of
the Clerks on the numerical books of the different land and
gold lotteries, be and they are hereby entitled to all the pro¬
visions of this act; which was agreed to. The report as
amended was agreed to.
Mr. Clark moved to recommit the bill for the purpose of
striking out the additional section offered by Mr. Byrd;
which was lost.
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 16, nays 10.
Those who voted in the affirmative, are Messrs.
Byrd, Cochran, Rawls,
Blackshear, Dunham, John W. G. Smith,
Joseph E. Brown, McBee, Ira E. Smith,
Bryan, James A. Miller, Spullock.
Chisolm, Purse, Stell.
Clark,
Those who voted in the negative, are Messrs.
Bailey, Clayton,
Augustus Beall, Grubbs,
Elias Beall, McRae,
James E. Brown,
Andrew J. Miller,
Murphy,
Turner.
So the bill was passed.
Mr. John W. G. Smith made the following report:
The Committee on Journals having examined the work
done by the recording Clerk, report: that the same is neatly
and correctly done, without omission or interlineation in a
single instance. Owing to the great mass ot business and
the length of the session, thereby showing the increase of
matter before the Legislature, the Clerk has not been able to
keep up the record, and your committee recommend the
adoption of the following resolutions : *
Resolved, That thirty days be allowed after the adjourn¬
ment, to the recording Cle'rk, to bring up the record and
make out an index thereto.
Resolved, That the Secretary and Assistant Secretary be
allowed five days after the adjournment, to file, collect and
arrange the bills, reports and other papers belonging to thi§
Session of the Senate.
SENATE.
671
On motion the report was taken up.
Mr. Joseph E. Brown moved to amend by striking " thir¬
ty days" out of the first resolution and insert "twenty-five
days which was lost.
On motion, the report of the Committee was agreed to,
Mr. Turner laid upon the table the following resolution:
Resolved, That Messrs. J. W. G. Smith and James A.
Miller, be allowed six days to examine and correct the
record of the present session, when finished ; which was ta¬
ken up, read and agreed to.
The Senate took up and concurred in the amendment of
the House, to the bill to alter the county line between the
counties of Butts and Henry.
The Senate took up and concurred in the amendment of
House to the bill to incorporate the Back River Wharf and
Canal Company, and for other purposes therein mentioned.
The Senate took up and concurred in the amendment of
the House to the bill to amend the several acts in relation to
the Supreme Court, so far as they relate to the Reporter and
Assistant Reporter.
The Senate took up and concurred in the amendment of
the House to authorize the raising and establishing a Fiie
Company in the city of Atlanta.
The Senate took up and concurred in the message from
the House in relation to the amendment of the Senate, to the
bill to declare certain lands in the county of Ware forfeited
to the State, and to provide for disposing of the same, and to
repeal the second, third, fourth, fifth, sixth, seventh and
eighth sections of an act approved December 30th, 1847, to
declare certain lands in the county of Ware forfeited to the
State, and to provide for disposing of the same ; the Senate
insisted upon its amendment, to which the House had dis¬
agreed.
The Senate took up and concurred in the following reso¬
lution of the House of Representatives:
Resolved by the General Assembly, That the Reporter of the
Supreme Court be directed to send with the, acts of each
General Assembly, to each county respectively, all the back
volumes of reports to which the officers of said counties may
be entitled.
The following resolution of the House of Representatives
was taken up, read and concurred in :
Whereas, there appears upon investigation of the books
and accounts of the Principal Keeper of the Penitentiary,
to be a large amount of old and insolvent debts belonging to
the Institution, running on for many years and kept as the
assets of the Institution, thereby giving the assets at a much
larger amount than there really is—exhibiting the finances
of the Institution as much larger than is true,
Resolved therefore, by the'Senate and House of Representatives
672
JOURNAL OF THE
of the State of Georgia in General Assembly met, That the
amount of $13,464 50, the amount of insolvent debts belong¬
ing to the Penitentiary as ascertained by the Committee on
that Institution at the present session, be allowed said Prin¬
cipal Keeper as a credit, and so entered on the books kept
by the Principal Book Keeper, as an insolvent list, and that
the evidences of said insolvent debts be filed away, subject
to the order of the person controlling the Institution, and to
be safely kept.
The following message was received fcom the House of
Representatives, by Mr. Harrison, their Clerk:'
Mr. President—The House of Representatives have agreed
to the amendment of Senate to the bill for the relief^'oCthe
Merchants Bank of Macon.
Also, to the amendment of the bill to change thj§> time of
Holding the Superior Gourt at Cassville and Gain^ilj% C..
The House receded from its disagreement to ^j^&mend-
xnents of Senate to the bill amendatory of a*n dqj, assented to
17th December, 1847, entitled an act to authorise parties to
compel discoveries at common law.. * ?.'> ,
The House insists upon its^amendment to the ah^adment
of Senate to the bill to am'enJ^n act to i,nc$fp$mt.e' the
South Western Rail Road Compapy, and for\)ther purposes,
and request a Committee of Conference, and ha*e appointed
on their part Messrs Tucker, Perkins and Philips*.
They disagree to the substitute of Senatq as^amenc^ments
to the bill ol the House for the better government of the
Penitentiary, and for other purposes. *
They also disagree to the amendments offered to the bill
to appropriate a sum of money to build' n road over the
Lookout Mountain in the counties of Walker and Dade."
And they have agreed to a resolution ^authorizing his Ex¬
cellency the Governor to pay over the amount of the Poor
School fund due the county of Rabun, to J. Q. Adams, .by
his giving a receipt for the same.
To which they ask concurrence. »
The following bill of the House of Representatives was
taken up, read the second time and referred to the Committee
of the. whole :
A bill to curtail the labor of the Clerk of. the Supreme
Court, and to reduce the cost in said Court.
The Senate took up and concurred in various resolutions
of the House of Representatives, requesting our Senators
and Representatives in Congress to use their influence with
the Post Office Department, to have certain mail routes and
Post Offices therein named established.
On motion,
The Senate adjourned until three o'clock, P. M.
senate.
673
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate took up and concurred in the following reso¬
lutions of the House of Representatives :
Resolved by the Senate and House of Representatives of the
State of Georgia, That his Excellency the Governor be and
he is hereby authorized and requested to draw his warrant
oh the Treasury for the amount of money appropriated by
this Legislature to John M. Wilhite of Jackson county, and
that M. M. Mintz, Representative from the county of Jackson,
be authorized to receive and receipt for the same.
* Als^,- the following:
Resolved, That upon the application of the Justices of th'e
Inferioi^ourt of any county in this State, his Excellency the
Gdye£y#jc*be and he is hereby authorized to have forwarded
such'b^kaag he ill his judgment may deem necessary to the
proper adm^flstfetion of justicie in the same.
The Senate took up the. following resolutions of the
Hou^e :
. Resoled,. ^That his.Excpll^ncy the Governor be, and he is
hereby^rrfjuired to appdiS a; Commissioner to lay off the
,soutji*east jowfcr half, aivgl-^cleared land of the Macon Re¬
serve into igts' of ten acres, with roads running from Macon
south, to -ihe south line of the Reserve, so as to afford
convenient abcO?s to each lot.
Resolved? \Thal\hb wood in the roads shall be first sold
and reasonable time allowed for taking away, after which
the lots shall be sold at public outcry, after sixty days no¬
tice, for not less than 100.dollars per acre ; which on motion
of Mr. Napier were postponed indefinitely.
The following message was received from the House of
Representatives by Mr. Harrison, their Clerk :
Mr. President—The House of Representatives have agreed
to some, and have disagreed to others of the amendments of
Senate to the bill to appropriate money for the purposes
therein mentioned.
The Senate took up the message from the House in rela¬
tion to the amendments to the bill to appropriate money for
the purposes therein mentioned. ,
The Senate insisted upon its amendments to the 12th, 14th
and 17th sections of the bill, to which the House had dis¬
agreed. .
The Senate insisted upon its amendments, to wit: the
25th and 26th sections of the bill, to which the House had
.disagreed. .
And on reading the following amendment, which was the
29th section of the bill as'follows: •.
And be it further enacted, That the sum of two thousand dol-
43
674
JOURNAL OF THE
lars be and the same is hereby appropriated as a special con¬
tingent fund, to cover^expenditures required by the Legisla¬
ture, for which no appropriation is made.
Mr. Bailey moved that the Senate recede from its amend¬
ment.
Upon which motion the yeas and nays were required to be
recorded, and are yeas 7, nays 20.
Those who voted in the affirmative, are Messrs.
JBailey, Mosely, John W. G. Smith,
Clark, Rawls, Woods.
Dunham,
Those who voted in the negative, are Messrs.
Augustus Beall, Cochran, James A. Miller,
Byrd, Edmondson, Murphy,
Blackshear, Grubbs, Napier,
James E. Brown, Micajah Johnston, Purse,
Joseph E. Brown, John Jones, Stell,
Bryan, McBee, Turner.
Clayton, Andrew J. Miller,
So the Senate refused to recede, and insisted upon its
amendment. •
The Senate concurred in the amendment of the House to
the amendment of the Senate, to wit: the 30th section of the
bid.
The Senate insisted upon its amendment, to wpt: the 31st,
32d and 38th sections of the bill, to which the House had
disagreed.
The Senate receded , from its amendment, to wit: the
39th section of the bill, to which the House had disagreed.
The Senate insisted upon its amendments, to wit: the
41st and 43d sections of the bill, to which the House had
disagreed.
The following Message was received from His Excellen¬
cy the Governor, by Mr. Patton, his Secretary.
Mr. President—His Excellency the Governor, has in¬
structed me to return to this branch of the G eneral Assembly
the following acts, which have received his approval:
An act for the relief of Merrick Barnes of Baker county.
An act to authorize the Savannah and Albany Plank Road
Company to make and use a plank road and branches in
connection with their rail road and branches, or in lieu
thereof.
An act to incorporate the Talbotton Branch Rail Road
Company, and for other purposes.
An act for the relief of Patrick Brady and John Myrick,
of the county of Lumpkin.
An act to amend an act entitled an act to incorporate the
SENATE.
676
town of Albany in Baker county, and for other purposes
therein mentioned, assented to 10th December, 1841.
An act to alter and*change the county lines between the
counties of Jackson and Clark, so as to include the residence
of Greensby W. Barber and Robert F. White in the county
of Jackson to the county of Clark; also, to change the coun¬
ty line between the counties of Madison and Clark, so as to
include the residence of George A. Jarell of the county of
Madison in the county of Clark.
An act to authorize Johnson Garwood to construct a dam
across the Chattahoochee river on his own land.
An act to compensate the Grand and Petit Jurors of the
county of Murray.
An act to relieve Justices of the Inferior Court from jury
duty.
An act to authorize the Clerks of the Superior, Inferior
and Ordinary Courts of Montgomery county, to keep their
office within fifteen miles of the Court House in said county.
An act to amend an act passed at the last session of the
General Assembly, entitled an act for the relief of John H.
Mann, Executor of John G. Stallings, deceased.
And act to authorize the county officers of the counties of
Irwin® and Telfair, to publish in any public gazette in the
towns of Milledgeville, Macon or Albany, and the county
officers of Hancock county to publish in any paper in this
State, and the Sheriff of Gwinnett county to advertise in
some paper published in Augusta, Milledgeville or Athens,
at their option.
An act to incorporate the Waynesville Baptist Church.
An act to change the name of Mary Virginia Faver to that
of Mary Virginia Cox, and to legitimatize the same.
An act to change the name of Kate Leon Rich of Glynn
county, to that of Kate Leon Riley.
An act to extend the corporate limits of the town of Fay-
etteville.
An act to authorize Minor W. Brown of Forsyth county,
Georgia, Benjamin G. McCluskey of the county of Hall,
each to erect a mill dam across the Chattahoochee river on
their own lands ; also, Cornelius D. Terhune of the county
of Cass, to erect a dam across the Hightower river on his
own land. . .
An act to alter and change the Commissioners named in
the fifth section of an act to be entitled an act to prevent ob¬
structions in the Oconee river, and for other purposes therein
named, approved December 26th, 1835.
An act1 to incorporate the'Cherokee College of Georgia m
the county of Floyd. . .
An act to incorporate the village of Springfield m the
county of Effingham, and to appoint Commissioners for the
same.
676
JOURNAL OF THE
An act to amend an act to incorporate the Relief Society
of Georgia Annual Conference of the Methodist Episcopal
Church, assented to December 22d, 1838, by adding the
word " South and to confer certain powers upon the First
Presbyterian Church in Augusta.
An act to revive, alter and amend an act entitled an act
for preventing controversies concerning the boundaries of
land, and for processioning the same, approved February
2d, 1798.
An act to incorporate the CoosaJEliver Steamboat Com-
pany.
An act to authorize Daniel R. Turner of the county of
Cobb, and James S. Mason of the county of DeKalb, to es¬
tablish a ferry or bridge on the Chattahoochee river.
An act to change the name of William Capers Day of
Greene county, to that of William Capers Rhodes, and to
legitimate the same; also, to change the name of Moses
Kitchens and Joanna Kitchens of Warren county, to that of
Moses Neal and Joanna Neal, and to legitimate the same.
An act to amend the several laws of the State in relation
to writs of certiorari.
An act to incorporate the Fountain Spring Camp Ground
in the county of Talbot, and appoint trustees for the'same.
An act to regulate the testimony of Attorneys at Law.
An act to exempt Emory College and other Colleges in.
this State from taxation, and to place them on tne same foot¬
ing with the University of Georgia.
An act to change, point out and regulate the manner in
which the returns of the several Banking Institutions in this
State shall hereafter be made.
An act to amend an act to incorporate the Georgia Con¬
ference of the Methodist Episcopal Church, and vest therein
the title to certain property with authority to dispose of the
Same, by adding the word south, assented to December 11th,
1841.
An act to prevent Judges of the Superior Courts in this
State from making certain charges or giving their opinions
in the hearing of the Jury, and to define the same as error.
An act to alter and amend the first, and repeal the fourth,
section of an act granting certain privileges to the Jefferson
Riflemen, an Infantry Corps of the county of Jefferson.
The Senate took up the message from the House in rela¬
tion to the bill to amend an act to incorporate the South
Western Rail Road Company, and for other purposes.
On motion of Mr. Clark, the Senate decided to adhere to
its amendment, and appointed Messrs. James E. Brown, A.
J. Miller and Turner, a committee of conference, to meet
the committee appointed by the House.
The Senate took up as the report of the Committee of the
whole, the bill of the House to amend an act entitled an act
SENATE.
677
to alter and amend an act entitled an act to define the lia¬
bility of sureties on appeal, &c., approved Dec., 26th, 1831.
The report was agreed to, the bill was read the third time
and passed.
The Senate took up as the report of the Committee of the
whole, the bill of the House to consolidate the offices of Re¬
ceiver of Tax Returns and Tax Collector in the county of
Jackson, and to provide an additional fund for the payment
of Grand and Petit Jurors in said county, which on motion
of Mr. Clayton, was postponed indefinitely.
The Senate took up and concurred in the resolution of the
House, authorizing his Excellency the Governor to pay over
the amount of the poor school fund due the county of Rabun,
to J. Q. Adams by his giving his receipt for the same.
The Senate took up message from the House in relation,
to the amendments: to the bill of the House for the better
government of the Penitentiary, and for other purposes.
On motion, the Senate insisted upon its amendment by
way of substitute.
The Senate took up the message of the House in relation
to amendments to the bill of the House to appropriate a sum
of money to build a road over the Lookout Mountain in the
counties of Walker and Dade.
The Senate receded from its amendment, to which the
House had disagreed.
Mr. Murphy laid on the table the following resolution,
which was taken up, read and agreed to:
Resolved by ike Senate and House of Representatives of the
State of Georgia, That both branches of the General As¬
sembly will adjourn sine die, on Saturday, the 23d instant,
by 12 o'clock of that day.
Mr. A. J. Miller laid on the table the following resolution,
which was taken up, read and agreed to:
Resolved by the Senate and House of Representatives, That
the Governor be requested to have published in the gazettes
of Milledgeville, as soon as practicable, all laws of general
interest, passed by the present General Assembly.
Mr. A. J- Miller laid on the table the following resolution,
which was taken up, read and agreed to:
Resolved, That the Secretary of the Senate append to the
Journal of the present session, the Rules of the Senate, and
that they be printed with the Journal.
The following bill of the House of Representatives, was
taken up and read the first time :
A bill to abolish the office of Director of the Central Bank,
to provide for the appointment of a Receiver, and for closing
up'the affairs of the Central and Darien Banks.
On motion,
The Senate adjourned until 7 o'clock P. M.
678
JOURNAL OF THE
Seven o'clock, P. M,
The Senate met pursuant to adjournment.
Mr. A. J. Miller, from the Committee of Conference, to
whom was referred the subject matter of difference between
the two Houses, in relation to the amendments to the bill to
amend an act to incorporate the South Western Rail Uoad
Company, and for other purposes, reported as a substitute
for the amendments of the House and Senate, the following
proviso, to wit:
Provided that if said Company do not build the main
trunk of said road to or below Fort Gaines, within two years
from the time that the same is completed, to the point at
which the said branch road, if commenced, may intersect,
then said companyshall be liable to refund to the Stockhol¬
ders now residing in Early and Randolph counties, or their
asignpes, the amount of stock held by them, with interest
from the time the same was paid.
On motion of Mr. A. J. Miller, the report was taken up,
read and agreed to.
The Senate .took up and concurred in the amendment by
way of substitute of the House, to the bill to authorize a
grant to issue for lot No. 60, in the 7th district of Gwinnett
county, upon certain conditions, and for other purposes.
The Senate took up and concurred in the amendment of
the House to the bill of Senate, to be entitled an act in addi¬
tion to and amendatory of an act entitled an act to amend
an act to incorporate the town of Marthasville in the county
of DeKalb, passed on the 23d day of December, 1843 ; and
also, to enlarge the boundary of said town, and to incorpo¬
rate the same under the name of the city of Atlanta, and to
change the name of the town'of Rome to the eily of Rome,
and to provide for the election of a Mayor and Councilmen,
and other officers of said cities, and to confer upon them
specific powers, and for other purposes therein mentioned,
approved 29th December, 1847.
Mr. Joseph E. Brown made the following report:
The Committee on the Judiciary beg leave to report back
the bill to be entitled an act to amend the first paragraph of
the seventh section of the first article of the Constitution of
the State, with an amendment, and recommend its passage.
On motion, the Senate took up the bill as the report of the
committee of the whole.
On reading the following part of the first section r " The
House of Representatives shall be as follows , each county
shall have one Representative, and no county shall have
more than two Representatives. Thirty-seven counties hav¬
ing the greatest population counting all tree white persons
and three fifths of the people of color, shall have two Repre-
SENATE.
679
sentatives; the said apportionment shall be made by the
General Assembly at the session at which this section shall
be adopted, as an alteration of the Constitution, and a new
apportionment shall be made at the session next after each
future enumeration of the inhabitants of this State, made
under the Constitution and Laws thereof; but at no other
time.
Mr. Byrd moved to amend by striking out after the word
" Representatives,1" and before the word "counties," the
words " thirty-seven," and inserting in lieu thereof the words
" twenty-five."
Upon which motion the yeas and nays were required to
be recorded and are yeas 15, nays 10.
Those who voted in the affirmative, are Messrs.
Bailey, Cochran, John W. G. Smith,
Byrd, Micajah Johnston, Spullock,
Joseph E. Brown, Napier, Stell,
Bryan, Purse, Turner,
Chisolm, Rawls, Woods.
Those who voted in the negative, are Messrs.-
Augustus Beall, Clayton, James A. Miller,
Blackshear, Grubbs, Mosely,
James E. Brown, Andrew J. Miller, Murphy,
Clark,
So the motion prevailed.
Mr. Joseph E. Brown moved to amend further by striking
out all after the words "General Assembly" and before the
words "at the session next after," which was agreed to.—
The report was agreed to, and on the question "shall
this bill now pass?" the yeas and nays were required
to be recorded, and are yeas 18, nays S.
Those who voted in the affirmative, are Messrs.
Bailey, Cochran, Rawls,
Byrd, Micajah Johnston, John W. G. Smith,
Joseph E. Brown, John Jones, Spullock,
Bryan, Murphy, Stell,
Chisolm, Napier, Turner,
Clark, Purse, Woods,
Those who voted in the negative, are Messrs.
Augustus Beall, Clayton, James A. Miller,
Blackshear, Grubbs, Mosely.
James E. Brown, Andrew J. Miller,
There being a constitutional majoiity, the bill was passed.
Mr. A. J. Miller gave notice that he would move to recon¬
sider the passage of the bill in the morning.
680
JOURNAL OF TEH
Mr- Chisolm moved that the Secretary carry the bill
forthwith to the House of Representatives. Upon which
motion the yeas and nays were required to be recorded, and
are yeas 15—nays 10. *
Those who voted in the affirmative, are Messrs.
Bailey, Cochran, John W. G. Smith,
Joseph E. Brown, Micajah Johnston, Spullock,
Bryan,. - John Jones, StelJ,
Chisolm, Napier, Turnert
Clark, Rawls, Woods.
Those who voted in the negative, are Messrs.
Augustus Beall, Clayton,' Mosely, <
Byrd, Andrew J. Miller, Murphy,
Blackshear, James A. Miller, Purse.
James E. Brown',
There not being a majority of two-thirds, the motion was
lost.
The following message was receive^ from the House of
Representatives by Mr. Harrison their Clerk:
Mr. President—The House of Representatives has passed
the following Senate bills:
The bill to incorporate the Elijay Turnpike Company
and to grant certain privileges to the same, with amendment.
The bill to authorize certain actions at law, with amend¬
ments.
The bill to authorize and require the Justices of the Peace
of their respective districts in the counties of Lumpkin and
Union, to examine and pass upon the qualifications of the
teachers of the poor children.
The bill to alter and change the times of holding the Infe¬
rior Courts of the counties of Paulding and Floyd, with
amendment.
The bill to amend an act to establish a general system of
education by common schools in the State of Georgia, so far
as relates to th§ county of Murray.
The bill to compensate physicians who shall be summon¬
ed by the sheriff or coroner of the county to make a post¬
mortem examination for the information of Juries of Inquest.
The bill to incorporate the Georgia exporting Company.
The bill to regulate the taking of testimony by interrogato¬
ries for the courts of this State, and to amend an act enti¬
tled an act to authorize parties to compel discoveries at com¬
mon law," approved December 17th, 1847.
The Senate took up the message of the House in relation
to amendment to the bill "to authorize the Alabama and
Georgia Rail Road Company of the State of Alabama to ex¬
tend their contemplated Rail Road from the Alabama line
through a part of the county of Floyd to some point near the
SENATE.
681
city of Rome in said county, to secure to Said Company cer¬
tain rights and privileges and for other purposes."
Mr. Spullock moved that the message lie upon the table
for the present; which motion was lost.
Mr. Chisolm moved to concur in the amendment of Houses
Upon which .motion, the yeas and nays were required to
be recorded, and are yeas 14—nays If..
Thos'e who voted in the affirmative, are Messrs.
Bailey, Clark, John W. G. Smith,
Byrd, Cochran, Stell,
James E.\Brown, • John Jones, Turner,
Bryan,* Murphy, * Woods.
Chisolm, Rawls,
Those-who voted in the negative, are Messrs.
Augustus Beall, " Grubbs, Napier,
Blackshear, Micajah Johnston, Purse,
Joseph E. Brown, Andrew J. Miller, Spullock.
Clayton, Mosely,
So the Senate concurred.
The Senate took up and concurred in the amendment of
the House to the bill "to incorporate the Elijay Turnpike
Company, and to grant certain privileges to the same."
The Senate took up and concurred in the amendment of
House to the bill " to establish and regulate the Inspector of
Flour and Corn Meal at Dalton."
The Senate took up and concurred in amendment of the
House to the bill to incorporate the Cooper's Gap Turnpike
Company of Lumpkin and Union counties, and to grant cer¬
tain privileges to the same.
The Senate took up and concurred in amendment of the
House to the bill to authorize certain actions at law.
The Senate took up and concurred in the first and disa¬
greed to the second amendment of the House to the bill to
alter and change the times of holding the Inferior Courts of
the counties of Paulding and Floyd.
The Senate took up and concurred in the amendments of
the House to the bill of Senate, to be entitled an act to
amend an act to incorporate an Insurance Company to be
called the Savannah Mutual Insurance Company, passed
the 30th day of December, 1847.
The Senate took up and concurred in the amendments of
the House to the bill of Senate, to provide for the collection
and safe keeping of the revenues of the Western and Atlan-
lic Rail Road, to punish those who may attempt to defraud
the same) and for other purposes therein contained.
Mr. Stell from the Committee on Enrolment reported as
duly enrolled and signed by the Speaker of the House of Re¬
presentatives and ready for the signature of the President of
682
JOURNAL OF THE
the Seuate, an act to levy and collect a tax lor each of the
political years eighteen hundred and fifty and fifty-one, and
thereafter.
Also, an act to add an additional section to the first arti¬
cle of the Constitution.
Also, an act to authorize and require the Sheriffs, Coro¬
ners, Clerks of the Superior and Inferior Courts and Courts
of Ordinary in the several counties in this State to advertise
in certain newspapers.
Also, an act to authorize the settlement of criminal prose¬
cutions in certain cases, and to regulate more particularly
the duties of the Attorney and Solicitors General and fix
their liabilities.
Also, an act to regulate the returns of executors, admin¬
istrators and guardians.
Also, an act to amend the laws relating to guardians, ex¬
ecutors and administrators.
Also, an act to authorize all persons whatsoever, to erect
ferries and bridges on their own land.
Also, ah act to authorize executors, administrators, and
guardians to make returns to the Court of Ordinary of the
county of their residence and to be discharged from their
trust therein.
Also, an act for the relief of William Dearing of the coun¬
ty of DeKalb, John M. Wilhite of the county of Jackson, and
Joseph L. Robinson of the count}1- of Appling.
Also, an act to create an additional election precinct and
remove others in the county of Washington.
Also, an act to change the lines between the counties of
Sumter and Marion, so far as to add the lot of land in Sum¬
ter county whereon William Aycock and Isaac Aycock now
resides, to the county of Marion.
Also, as duly enrolled and ready for the signature of the
President of the Senate, an act to add the residence of Ste¬
phen Hurst, Sen., of the county of Irwin to the county of
Baker.
Also, an act to attach the lands and residence of Thomas
O. Christian of the county of Cass, to the county of Murray
and for other purposes therein contained.
Also, an act to incorporate the Southern Education So¬
ciety.
Also, an act to authorize Jesse P. Prescott of the county
of Lowndes, to establish a farry over the Allapaha River on
his own land, arid to prescribe the rates of ferriage, and for
other purposes therein named.
Also, an act to appropriate certain road hands in the
county of Camden, and appoint Commissioners for the same.
Also, an act to amend the several acts in relation to the
Supreme Court, so far as they relate to the Reporter and
Assistant Reporter.
SENATE.
683
Also, an act to change the time of holding the Supreme
Court at Cassville and Gainesville, and the Superior Court
of Franklin county.
The Senate took up and concurred in the amendments of
the House to the bill of the Senate, to authorize the incorpo¬
ration of the Joint Stock Companies for the construction of
Macademized, Graded, or Plank Roads.
The following message was received from the House of
Representatives by Mr. Harrison their Clerk:
. Mr. President—The House of Representatives have pass¬
ed the following bills from the Senate:
The bill to provide for the collection and safe keeping of
the revenues of the Western and Atlantic Rail Road, to pun¬
ish those who may attempt to defraud the same and for oth¬
er purposes therein contained, with amendment, to which they
ask the agreement of the Senate.
The bill to authorize a grant to issue for lot No. 60, in the
7th district of Gwinnett county, upon certain conditions, and
for other purposes, with amendment by substitute, to which
they ask the Senate to agree.
The bill in relation to the Supreme Court of this. State.
The bill to incorporate the Union Steamboat Company of
Georgia and South Carolina.
The bill to authorize the legal representatives of intestates
and testators of other States to sue in this State.
The bill to amend an act to incorporate an Insurance Com¬
pany to be called the Savannah Mutual Insurance Company,
passed the 30th day of December, 1847, with amendments,
to wrhich they ask agreement.
The bill to amend and declare the intention of an act enti¬
tled an act to alter and amend the several Judiciary acts
now in force in this State, so far as relates to District Courts,
approved December 14th, 181.1.
The bill to alter and amend the sixth section and third ar¬
ticle of the Constitution of the Slate of Georgia.
The bill so far as relates to the collection of fines by the
Provost Marshal of the first Regiment Georgia Militia. _
The bill m addition to and amendatory of1 an act entitled
an act to amend an act to incorporate the town of Marthas-
ville, in the county of DeKalb, passed on the 23d day of
December, 1843, and also to enlarge the boundary of said
town, and to incorporate the same under the name of the
City of Atlanta, and to change the name of the town of
Rome to the City of Rome, and to provide for the election of
Mayor and Councilmen and other officers of said cities and
to confer upon them specific powers, and for other purposes
therein mentioned, approved 29th December, 1847, with
amendments, to which they request the agreement of the
Senate. . . .
The bill to authorize the incorporation of Joint Stock
684
JOURNAJj OF TllE
Companies for the construction of Macademised, Graded or
Plank Roads, with amendments, to which they desire the
Senate to agree.
Mr. John W. G. Smith laid on the table the following re¬
solution :
Resolved, That the thanks of the Senate are due and are
hereby tendered to the honorable Wm. B. Wofford, Presi¬
dent of the Senate, for the able, dignified and impartial man¬
ner in which he has discharged his duties during the present
session of the General Assembly; which was taken up, read,
and unanimously adopted.
The following message Was received from the House of
Representatives by Mr. Harrison their Clerk:
Mr. President—The House of Representatives have pass¬
ed the following bills of Senate:
The bdl to repeal ah act passed on the 22d c(ay of De¬
cember, 1843, authorizing the Governor of the State of
Georgia to sell the Western and Atlantic Rail Road.
The bill in relation to the assignment of dower.
The bill to alter and change the name of Mathew Rich¬
ardson Brown to that of Matthew Downer, and to make him
his legal heir.
The bill to incorporate the Cooper's Gap Turnpike Com¬
pany of Lumpkin and Union counties, and to grant certain
privileges to the same, with amendments.
The bill to establish and regulate the Inspection of Flour
and Corn Meal at Dalton, with amendment.
The bill to compensate Solicitors General for services ren¬
dered the State in the Supreme Court in criminal cases.
The bill to authorize the Alabama and Georgia Rail Com¬
pany of the State of Alabama to extend their contemplated
Rail Road from the Alabama line through a part of the coun¬
ty of Floyd, to some point near the city of Rome in said
county, to secure to said Company certain rights and privi¬
leges, and for other purposes', with amendments.
Mr. Bailey laid on the table the following resolution:
Resolved, That the highest sense of approval is due to Lu¬
ther J. Glenn, Secretary, and A. H. Colquitt, Assistant Sec¬
retary of the Senate, for their fidelity and promptness in the
discharge of their official duties during the present session
of the Legislature; which was taken up, read and adopted
unanimously.
Mr. Stell laid upon the table the following resolution :
Resolved, That Asa B. Mitchell, Door Keeper of the Se¬
nate, be authorized to receive and receipt for the residue of
the per diem pay of the Messenger of the Senate.
On motion,
The . Senate adjourned until nine« o'clock to-morrow
morning.
senate;
685
SATURDAY, February 23d, 1850.
The Senate met pursuant to adjournment.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have
passed the following bills, which originated in Senate:
The bill more effectually to provide for the protection and
maintenance of widows and orphans.
The bill to authorize the Justices of the Inferior Court of
the county of Crawford, to levy extraordinary taxes for
county purposes, and to fund the debts due by said
county, and to issue scrip thereon.
The bill to amend the act passed at the last session of
the General Assembly, in relation to the liability of Rail
Road Companies.
■ The bill to legalize the precepts from the Superior Courts
of Floyd county, and authorize the drawing the Juries for
said Courts.
The bill to appoint certain commissioners for Savannah
River, with amendments.
The House recedes from its disagreement to the amend¬
ment by substitute to the bill for the better government of
the Penitentiary, and for other purposes.
They have agreed to a resolution requiring the Governor
to pay over to William A. McDonald, the amount of poor
school fund due the county of Ware for the year 1849—to
which they desire concurrence.
On motion of Mr. A. J. Miller the Senate reconsidered so
much of the Journal of yesterday as relates to the passage
of the bill of the House, to alter and amend the first para¬
graph of the seventh section of the first article of the Consti¬
tution of this State.
Mr. Spullock moved to reconsider so much of the Journal
of yesterday as relates to the action of the Senate, in con¬
curring in the amendment of the House to the bill to autho¬
rize the Alabama and Georgia Rail Road Company , of the
State of Alabama, to extend their contemplated Rail Road
from the Alabama line through a part of the county of Floyd,
to some point near the city of Rome, in said county, to se¬
cure to said Company certain rights and privileges, and for
other purposes. Upon which motion the yeas and nays
were required to be recorded, and are yeas 12—nays 18.
Those who voted in the affirmative, are Messrs.
Bailey, .Clayton, .
Elias Beall, Grubbs, Ira E. Smith,
Joseph E. Brown, Andrew J. Miller, Spullock,
Bryan, Napier, . Stell.
686.
JOURNAL OF THE
Those who voted in the negative, are Messrs.
Augustus Beall, Cochran, James A. Miller,
]3yrd, Dunham, Mosely,
Blackshear, Micajah Johnston, Murphy,
James E. Brown, William Jones, Rawls,
Chisolm, John Jones, Turner.
Clark, McBee, Woods.
So the motion was lost.
On motion of Mr. Woods, the Senate reconsidered so
much of the Journal of yesterday as relates to the action of
the Senate upon concurring in the amendment of the House
to the bill to alter and change the times of holding the Infe¬
rior Courts of the counties of Paulding and Floyd."
On motion, the Senate look up reconsidered message, and
concurred in the amendment of the House.
Mr. J. W. G. Smith laid on the table the following reso¬
lution :
" Resolved, That a committee of three be appointed by the
Senate, to join a committee from the House, to wait upon
His Excellency the Governor, and notify him that we have
dispatched the business of the session, and are now ready
to adjourn, and to ascertain whether he has any further
communication to lay before the General Assembly;"
which was taken up, read and agreed to, and the Com¬
mittee appointed on the part of the Senate, are Messrs. John
W. G. Smith, Rawls and Blackshear.
The Senate took up and concurred in the amendment of
the House to the bill to appoint certain commissioners for
Savannah River.
The following resolution from the House of Representa¬
tives was taken up and concurred in.
, Resolved by the Senate and House of Representatives of the
Slate of Georgia in General Assembly met, That His Excel¬
lency the Governor is hereby required to pay over to Wm.
A. McDonald, the amount of poor school fund due the
county of Ware, for the year 1849, upon his receipt for the
same.
The following message was received Iro'm the House of
Representatives, by Mr. Harrison, their Clerk :
Mr. President—The House of Representatives have
agreed to the Report of the Committee of Conference, reced¬
ing from their disagreement to the amendment of Senate
to the bill to amend an act to incorporate the South Western
Rail Road Company, and for other purposes.
The House recedes from its disagreement to some, and
adhere to its disagreement to others of the amendments of
Senate to the bill to, appropriate monies for the purposes
therein mentioned j they request a Committee of Confer
SENATE.
687
ence on thq subjects matter of difference between the two
houses, and have appointed a committee on their part, con¬
sisting of Messrs. Nisbet, Kenan and Jones (of Paulding).
They have disagreed to the report of the Committee of
Conference, on the bill to authorize Nancy Weston, the
wife of James Weston, of the county of Cass', to exercise all
the rights of a feme sole.
The Senate took up the message from the House in rela¬
tion to amendments of Senate to the bill of House, to appro¬
priate money for purposes therein mentioned.
On motion, the Senate appointed a Committee of Confer¬
ence, consisting of Messrs. Purse, Clayton and John Jones,
to meet a like Committee from the House.
On motion of Mr. Chisolm, the Senate took up as the re¬
port of the Committee of the whole, the reconsidered bill of
the House to alter and amend the first paragraph of the
seventh section of the Constitution of this State.
Mr. Chisolm moved to agree to the report heretofore
made upon the same, by the Committee on the Judiciary ;
which was agreed to. The report as amended, was agreed
to, the bill was read the third time, and on the question
shall this bill now pass ? the yeas and nays were required
to be recorded, and are yeas 22—nays 3.
Those who voted in the affirmative, are Messrs.
Bailey, Cochran, Mosely,
Augustus Beall, Dunham, Murphy,
Elias Beall, Grubbs, Napier,
Blackshear, Micajah Johnston, John W. G. Smith,
James E. Brown,. McRae, Ira E.Smith,
Joseph E. Brown, Andrew J. Miller, Spullock,
Chisolm, James A. Miller, Woods.
Clark,
Those who voted in the negative, are Messrs.
Byrd, Clayton, Turner.
So a constitutional majority having voted in the affirma¬
tive, the bill was passed.
Mr. Stell, from the Committee on Enrolment, reports as
duly enrolled, and signed by the Speaker of the House of
Representatives, and ready for the signature of the Presi¬
dent of the Senate, the following acts :
An act for the relief of the Merchant's Bank of Macon.
Also an act amendatory of an act assented to on the 17th
December, 1847, entitled an act to authorize parties to
compel discoveries at common law.
Also, an act to amend an act entitled an act to alter and
amend' an act entitled an act to define the liability of sure¬
ties on appeal, &c. approved December 26th, 1831.
688
JOURNAL OF THE
Also, an act for the better government of the Peni¬
tentiary.
Also, an act to appropriate a sum of money to build a
road over the Look Out Mountain, in the counties of Walker
and Dade. <■
The Senate took up and adopted the majority report of
the Joint Standing Committee, heretofore made.
Mr. Bailey laid upon the table the following resolution:
Resolved, That the Secretary of the Senate be authorized
to employ an engrossing clerk for three days after the ad¬
journment of the Legislature; which was taken up, read
and agreed to.
__ *
The following message was received from His Excellen¬
cy the Governor, by Mr. Patton, his Secretary : *
Mr. Presidmt—His Excellency the Governor, has .ap¬
proved and signed the following acts, to wit:
An act to regulate vendue masters in the city ofDarien.
An act tjo incorporate the Macon Canal Company, and
punilh those who may injure their property.*.
An act to exempt from taxation thel®dd Fellow Institute,
in the city of Columbus, No. 6, and the . Fletcher Institute,
of the county of Thomas; and the Lagrange Female Se¬
minary, in the county of Troup.
* An act for the relief of the teachers of poor children of the
county of Hall, for the year eighteen hundred and forty-
five.
An, act in relation to divorces.
An act to alter and fix the times of holding the Superior
Courts of Decatur and Baker counties, and to provide for
the drawing of separate panels of jurors for the county of
Baker.
An act for certain purposes connected with the Bank of
Darien.
An act to alter and amend the twelfth section of the sec¬
ond article of the Constitution of this State.
An act to pardon John Hunter, of the county of Wilkes.
An act tor the relief of Francis M. Ison, of the county of
Pike.
An act to incorporate Sister's Church, in the county of
Washington, and to appoint trustees for the same.
An act to change the name and legitimatize certain chil¬
dren therein named.
An act to allow the widow and children of deceased per¬
sons, a support out of the estate of the deceased, for the
term of twelve months, in cases where no administration has
been granted on the estate, to ascertain the amount neces¬
sary fortheir support, and to exempt from levy and sale for
the debts of the deceased, or by an administrator, and vest
the title in the family of the deceased.
SENATE.
6$9
An act to amend an act passed Dec. 29th, 1838, to define
and affix the punishment of a crime or misdemeanor com¬
mitted by a slave, ]by the counsel, persuasion or procure¬
ment, or other means, of free white persons.
An act to alter and change the line betweeu the counties
of Murray and Walker, and for other purposes therein men¬
tioned.
An act to amend an act entitled an act to incorporate the
Grand Lodge of the Independent order of Odd Fellows, of
the State of Georgia.
An act to amend an act entitled an act to incorporate the
town of Cumming, in .thp county of Forsyth, approved 27th
-December,. 1843, so far as to jepeal the 4th section thereof,
and all other parts of said, act authorizing the assessment of
a general fax on the oitizens of same town.
An act to consolidate the fourteenth and fifteenth regi¬
ments G. M.'pf the county of Hancock.
An act to alter and amend the 10th section pf an act to
alter and amend the several acts incorporating the city of
Macon, approved December 27th, 1847, so far as relates to
the election of Marshal for said city.
An act to*authorize the Governor to issue a grant to
William Smith, of the county of Lowndfcs, for lot No. 10,
in the 10th district, originally Irwin county, on certain con¬
ditions.
An act to authorize the administrators of the estate of
Hardy Ivey and Alston H. Green,late of DeKalb county,
deceased, to sell certain lots belonging to said estate, in the
city of Atlanta.
An act to change the names of E. W. Wingfield and
Henry Fitz, to E. H. Wingfield and Henry Sitz, on grants
to certain lots of land hereafter named; which I am in¬
structed to return to this branch of the General Assembly, in
which they originated.
The following Message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have pas¬
sed the bill of Senate to amend an act approved December
10th, 1803, to authorize the Justices of the Inferior Courts
to discharge insolvent debtors confined by process from any
Court of this State whatever, so far as to amend the caption
of the same.
They have concurred in the report and resolutions from
the Select Committee, to whom was referred the'message of
the Governor, in answer to the resolution of the Senate, in
relation to the Mandamus issued against him.
They have concurred in the report and resolutions of the
Committee to whom was referred the memorial of Cald-"
well & Dixon, in relation to a contract with the State of
4.4
690
JOURNAL OF THE
Georgia, with amendments by a substitute, to which they
ask the Senate to agree.
The House disagrees to the amendments of Senate to the
bill for the relief of certain persons holding an interest in or
title to fractional and whole lots sold under the authority of
act, &c., and for other purposes therein mentioned.
Mr. Purse, from the Committee of conference, to whom
was referred the subject matter of difference between the>
two Houses in relation to amendments of the- bill "to appro¬
priate money for purposes therein mentioned," reports :
That the Commitee recommend that the Senate recede
from its amendment to the 32th section appropriating money
to pay a Clerk in Secretary of State's Office; also, their
amendment to the 14th section; and that two hnndred and
fifty dollars be allowed A. McDougald, as a balance due
him in full for professional services rendered the State.
That the Senate recede from the 25th section; also recede
from the 26th'section. *
They recommend that the Senate adhere to the 29th
section.
They recommend a substitute for the 32d section.
They recommend that the Senate recede from the 43d
section.
On motion, the report was taken up and agreed to.
On the motion to agree to the report of the Committee on
the 25th section, the yeas and nays were required to be re¬
corded, and are yeas 19, nays 10.
Those who voted in the affirmative, are Messrs.
Augustus Beall, Clayton, Andrew J. Miller,
Elias Beall, / Cochran, James A. Miller,
Byrd, Dunham, Mosely,
Blackshear, Grubbs, Purse,
James E. Brown, John Jones, Spullock,
Chisolm-, McRae, Woods.
Clark,
Those who voted in the negative, are Messrs.
Bailey, McBee, Ira E. Smith,
Joseph E. Brown, Napier, Stell,
Bryan, Jojin W. G. Smith, Turner.
Micajah Johnston,
So the motion to agree prevailed.
The Senate took up and concurred in the amendment by
way of substitute of the House, to the report of the Commit¬
tee on the memorial of Caldwell and Dickson.
Mr. McRae laid the following resolution on the table
which was taken up and agreed to:
"Resolved, That the Committee have four days more al-
SENATE.
691
lowed them for examining and correcting and bringing up
the unfinished business of the session."
Mr. Bailey laid on the table the following resolution:
Resolved, That the Secretary and Assistant Secretaries be
allowed five days in addition to the time already allowed to
finish the business of the sessionwhich was taken up,
read and agreed to.
Mr. Woods laid on the table the following resolution:
Resolved, That the Chairman of the Enrolling Committee
be allowed seven days to bring up his business; which was
taken up, read and agreed to.
The Senate took up as the report of the Committee of the
whole, the bill of the House " to curtail the labor of the
Clerk of the Supreme Court, and to reduce the costs in said
Court."
Mr. A. J. Miller moved to amend by adding the following
as an additional section :
And be it further enacted, That all bills of exceptions, and
the copies thereof, shall be amendable by order of the Su¬
preme Court, so as to be made to conform to the record of
the causewhich was agreed to.
On motion, leave of absence was granted to Mr. Grubbs,
for the balance of the session, after one o'clock, to-day.
Mr. iStell made the following report:
The Committee to whom was referred the message of his
Excellency the Governor, together with the resolution of the
Board of Directors of the Macon and Western Rail Road
Company, and the correspondence between the Governor
and. the President of that Company on the subject of spid
resolution, beg leave to report:
That the Committee was appointed on the thirtieth day of
January, in conformity to the recommendation of the Gover¬
nor, inviting an investigation of the charge made against
William L. Mitchell, Esq., the Chief Engineer of the Western
and Atlantic Rail Road, and that from that time to this, the
last day of the session, no proof of the charge, or even an at¬
tempt at it has been jnade.
The Committee state the fact without comment, and beg
to be discharged from the further consideration of the sub-
ject. .
The Senate took up and insisted upon its amendment to
the bill of the House " to alter and amend the first paragraph
of the seventh section of the first article of the Constitution
of this State," to which the House had disagreed.
The Senate took up and adhered to its amendment, to
which the House had disagreed, to the bill of the House "to
declare certain lands in the county of Ware forfeited to the
State, and to provide for disposing of the same, and to repeal
the second, third, fourth, fifth, sixth, seventh, and eighth
sections of an act approved December 30th, 1847, to declare
692
JOURNAL OF THE
certain lands in the county of Ware forfeited to the State,
and to provide for disposing of the sameand on motion, a
committee of conference was appointed consisting of Messrs.
Clark, John Jones and A. J. Miller.
The following message was received from the House of
Representatives by Mr. Harrison their Clerk:
Mr. President—The House of Representatives adheres to
its disagreement to the amendments of the Senate, to the
bill to declare certain lands in the county of Ware forfeited
to the State, &c. &c.
The House disagrees to the amendment of Senate to the
bill to alter and amend the first paragraph of the seventh
section of the first article of the Constitution of this State.
They concur in the resolution regulating the establish¬
ment of a mail route from Dublin, Laurens county, to Jack¬
sonville, Telfair county, with amendment.
They have agreed to a resolution to authorize his Excel¬
lency the Governor to deliver to William J. Lawton, Repre¬
sentative from Scriven couuty, his warrant in favor of the
Tax Collector of said county, for $406 29.
They have concurred in the resolution of Senate to make
it the duty of the Principal Keeper of the Penitentiary to
have certain work done by the convicts, for a depot on the
Penitentiary Square, for the Milledgeville and Gordon Rail
Road.
They have concurred in the resolution requesting the Gov¬
ernor to appoint three suitable persons as a committee to en¬
quire into the State of education in Georgia, &e.
They have agreed to a resolution requesting the Governor
to pay Isaac L. Parker the sum of seventy-five dollars; and
F. A. Hill, the sum of seventy dollars out of the contingent
fund.
They have concurred in the resolution to adjourn sine die
with an amendment.
They have concurred in the resolution requiring the Gov¬
ernor to have collected, arranged and bound, the annual
messages of the Governor, and other documents.
Also, in the resolution in relation to a mail route from
Hawkinsville to Darien.
Also, in the resolution in relation to mail routes in the
counties of Cobb and Lumpkin.
They have agreed to a resolution to authorize the Gover¬
nor to borrow such a sum of money as may be necessary to
meet the claims upon the Treasury in the year 1850.
They have concurred in the resolution to authorize cer¬
tain persons to erect a church on the State House Square, &c.
Also, in the resolution to rescind a resolution prohibiting
Engineers employed on the Western and Atlantic Rail Road
from purchasing any land, &c.
They have agreed to a resolution to request our Senators
SENATE.
693
and Representatives in Congress to have a mail route estab¬
lished from Dahlonega to Harvey Jones in Lumpkin county.
They have agreed to a resolution to authorize the Gover¬
nor to issue his warrants, and to authorize Terrell Mosely to
receive the same, &c.
They have concurred in the resolution relative to the Stan
dard weights and measures of this State.
Have also concurred in the resolution oil the report of
George L. Deming, Secretary and Treasurer of the Oconee
navigation.
Also, in the resolution in relation to the schedule of the
Western and Atlantic Rail Road.
Also in the report and resolution of the Joint Standing
Committee on the Penitentiary..
Also, in the resolution to authorize the Governor to ap¬
point an agent to press the claims of the State for advances
made in the Creek and Seminole wars, &c.
The Senate took up and concurred in resolution from
the House, authorizing the Governor to borrow a sum of
money.
The Senate took up and concurred in resolution from the
House, in relation to a mail route from Dahlonega to William
Robertson's on the route to Harvey Jones' on Yellow Creek,
all in Lumpkin county.
The Senate took up and agreed to the resolution from the
House, authorizing the Governor to deliver his warrant on
the Treasurer to W. J. Lawton, for four hundred and six
dollars and twenty-nine cents, in favor of Tax Collector of
Scriven county.
The Senate took up and concurred in resolution from the
House, authorizing the Governor to draw his warrant for 100
dollars in favor of Richard Cheetwood of Habersham coun¬
ty, and for one hundred dollars in favor of W. C. Price of
Rabun county, and that Terrell Mosely draw and receipt for
the same. * ,
The Senate took up and concurred in the amendments of
the House to the resolution relating to mail route from Dub¬
lin, Laurens county, to Jacksonville, Telfair county, &c.
The Senate took up and concurred in the amendment of the
House to the resolution, relative to adjournment.
Leave of absence was granted to Mr. Chisolm after 12
o'clock to-day, for the balance of the session.
On motion,
The Senate adjourned until three o'clock, P. M.
694
journal of the
Three o'clock, P. M.
The Senate met pursuant to adjournment.
The Senate took up the resolution of the House " to pay
Isaac L. Parker, the sum of 75 dollars, and to F. A. Hill, the
sum of 70 dollars out of the contingent fund for services ren¬
dered the State, and not provided for in the appropriation
bill."
Mr. Joseph E. Brown moved to amend the resolution by
adding the following:
Resolved, That his Excellency the Governor be and he is
hereby authorized and requested to pay to D. C. CampbeM
the sum of three hundred and forty-nine dollars and fifty
cents, an account due him for job printing done for the Statej
the said sum to be paid out of the contingent fundwhich,
was agreed to. The resolution as amended was agreed to*
Mr. John W. G. Smith laid on the table the following re¬
solution :
Resolved by the General Assembly, That his Excellency the
Governor be authorized to furnish the members with a copy
each of the Laws and Journals of this session of the Legisla¬
ture •" which was taken up, read and agreed to.
The following message was received from the House of
Representatives by Mr. Harrison their Clerk:
Mr. Fresideat—The House of Representatives have rece¬
ded from its disagreement to the amendment of the Senate
to the bill of the House to alter and amend the first para¬
graph of the seventh section of the first article of the Consti¬
tution of this State.
The House has-also receded from its disagreement to the
amendments of the Senate to the bill of the House for the re¬
lief of certain persons holding an interest in or title to frac¬
tional and whole lots unsold under the .authority of an act*
&e., and for other purposes therein mentioned.
The House has concurred in the amendment of the Senate
to the bill of the House "to curtail the labor of the-Clerk of
the Supreme Court and to reduce the cost in. said Court."
The House has passed the bill of the Senate for disposing
of certain lands in the 12th and 13th districts of the county
of Ware, which were sold under an act passed the 23d day
of December, 1833, and which have not been paid for and
granted by the purchasers under said act.
The House has also agreed to a resolution authorizing the
Governor to appoint a Committee of three to inspect the
arms in the Arsenal at Savannah, and to dispose of the same.
The House has also concurred in the report and resolu¬
tions of the Joint Committee to whom was referred the me¬
morial of Howell Cobb of Houston.
The following message was received from the House of
Representatives by Mr. Harrison their Clerk:
Mr* President—The House of Representatives have con-
SENATE.
095
curred in the amendment of the Senate to the resolution of
the House, to pay Isaac L. Parker and others.
The House has also concurred in the resolution of the
Senate appointing a committee to inform his Excellency
the Governor that the General Assembly is now ready to ad¬
journ, and have appointed as a committee on their part,
Messrs. Harris, Fields and Perkins.
The following message was received from His Excellen¬
cy the Governor, by Mr. Patton, his Secretary :
Mr. President—His Excellency the Governor has approv¬
ed and signed the following acts:
An act to amend the several acts in relation to the Su¬
preme Court, so far as they relate to Reporter and Assistant
Reporter.
An act to authorize grants to issue to the owners of cer¬
tain fractional lots of land in the county of Talbot.
An act to extend the time of completing and returning the
Tax Digest for the county of Lowndes, until the first of
October, in each and every year, and to allow the Collector
to make his settlement by the last day of December.
An act to change the time of holding the Supreme Court
at Cassville and Gainesville, and the Superior Court of
Franklin county.
An act to separate the offices of Tax Receiver and Col¬
lector of the county of Carroll.
k An act to fix the time of holding the Superior and Infe--
rior Courts of the county of Clinch, and to change the time
,of folding the Superior Court of the county of Ware.
An act to authorize an administration on the estate of
Charles H. Rice, Esq., deceased, to be granted by the Court
of Ordinary, of Houston county.
An act to compensate Petit Jurors in the county of Han¬
cock.
An act fo» the relief of Hugh W. Blake, of the county of
Hall; Sarah Johnson, p£ the county of Troup; and Charles
Cochran, of the county of Gilmer.
An act to amend an act to give to masons and carpenters
an encumbrance for debts due on account of work done and
materials furnished, in building or repairing houses and
premises to which they may be attached, passed 22d Dec.,
1834, so as to give to painters, tinners and copper-smiths, in
the county of Richmond, and city of Savannah, and the city
of Columbus.
An act to repeal the third section of an act approved 29th
December, 1847, entitled an act to authorize the Central
Rail Road and Banking Company, and the Macon and Wes¬
tern Rail Road Company, or either of them, to form a junc¬
tion of the Central Rail Road, and Macon and Western
Rail Road, in or near the limits of the city of Macon.
696
journal of the
• An act to incorporate the Southern Education Society.
An act to attach the laftid and residence of Thomas O.
Christain of the county of Cass to the county of Murray,
and for other purposes therein contained.
An act to add the present residence of Stephen Hurst,
Sen., of the ccunty of Irwin to the county of Baker.
An act for the relief of Andrew J. Cowart.
An act to appropriate certain road hands in the county of
Camden, and appoint commissioners for the same.
An act to authorize Jesse P. Prescott of the county of
Lowndes to establish a Ferry over the Allapaha River on his
own land, and to prescribe the rates of ferriage and for other
purposes therein named.
An act to authorize a grant to issue to George Crumbly
as administrator of the estate of Anthony Crumbly, de¬
ceased.
A n act to remove certain election precincts therein named,
and to establish others.
An act to amend an act to change the place of holding the
Justices Court in the 26th district, Georgia Militia, in the
county of Glynn.
A act to entitle Mary Holmes of the county of Pike to the
estate of her child Walter J. Willis, deceased, provided the
same shall be an escheat.
An act to incorporate the Dalton Female College.
An act to alter and amend an act entitled an act to lay off
and divide the State into eight Congressional Districts, and
to point out the mode of electing members to Congress in#
each District, and to provide against illegal voting, assented
to December 23d, 1843.
On motion,
The Senate took a recess until half past five o'clock.
Five o'clock.
The Senate met, and on motion, adjourned until seven
o'clock, P. M.
Seven o'clock, P. M.
The Senate met pursuant to adjournment.
Mr. Stell, from the Committee on Enrollment, reported
as duly enrolled, and ready for the signature of the Presi¬
dent of the Senate, an act to add a part of the county of
Henry, to the county of Butts, and to designate the time for
SENATE.
697
holding elections for the county officers in the county of
Gordon, for the-year 1850. .
Also, an act in relation to the assignment of dower.
Also, an act to regulate, the taking of testimony by inter¬
rogatories, for the Courts of this State, and to amend an act
entitled an act to authorize parties to compel discoveries at
common law, approved December 17th, 1847.
Also, an act to compensate Physicians and Surgeons who
shall be summoned by the Sheriff or Coroner of the county,
to make post mortem examinations, for the information of
juries of inquest.
Also, an act to incorporate New Hope Baptist Church, in
the sixth district of Randolph county.
Also, an act to establish a Justice's Court at Holmesville,
Appling county, and to define the limits of the district, and
provide for the election of two Justices of the Peace, and a
Constable, as officers of said Courfi
Also, an act to authorize the raising and establishing a
fire company in the city of Atlanta.
Also, an act to revive and continue in force an act passed
in 1839, incorporating the St. Mary's Academy, and to ap¬
point trustees for the same ; and to appoint trustees for the
Newnan male and female Seminary, in the county <?f Cowe¬
ta, and to confer upon them certain privileges and exemp¬
tions.
Also, an act to amend an act to establish a general sys¬
tem of education, by common schools, in the State of Geor¬
gia, so far as relates to the county of Murray.
Also, an act to amend an act incorporating the city of
Dalton, in Murray county, approved the 29th December,
1847.
Also, an act to compensate Solicitors General for services
rendered the State, in the Supreme Court, in criminal
cases.
Also, an act to repeal an act passed on the 22d day of
December, 1843, authorizing the Governor of the State of
Georgia to sell the Western and Atlantic Rail Road.
Also, an act to be entitled an act to alter and change the
name of Matthew Richardson Brown, to that of Matthew
Powner, and make him a legal heir.
Also, an act to incorporate the Georgia Exporting Com-
PaX, an act to authorize the Justices of the Inferior Court
of the county of Crawford, to levy extraordinary taxes for
county purposes, and to fund the debts due by said county,
and to issue scrip thereon.
Also, an act to authorize the sale of all lands that cannot
be granted under existing laws. ,
Also, an act to incorporate a Banking Company, in the
698
JOURNAL OF THE
city of Macon, under the uame of the Manufacturer's Bank
of Macon..
Also, an act to authorize certain actions at law. ■
Also, an act to amend an act passed at the last session of
the General Assembly, in relation to the liabilities of the
Rail Road for injuries to or destruction of live stock and
other property, by running of cars or locomotives on their
Roads, and for other purposes therein contained.
Also, an act to establish and regulate the inspection of
flour and corn meal, at Dalton.
Also, an act so far as relates to the collection of fines by
the present Marshal of the first regiment Georgia Mi¬
litia.
Also, an act to authorize the legal representatives of intes¬
tates and testators of other States, and guardians, to sue in
this State.
Also, an act to incorporate the Cooper's Gap Turnpike
Company, of Lumpkin and Union counties, and to grant cer¬
tain privileges to the same.
Also, an act to legalize the precepts from the Superior
Courts of Floyd county, and authorize the Juries for said
Courts.
Also, an act to appoint certain commissioners for Savan¬
nah River.
Also, an act to authorize and require the Justices of the
Peace, in their respective districts, in the counties of Lump¬
kin and Union, to examine and pass upon the qualifications
of the teachers of the poor children.
Also, an act to amend and declare the intention of an act
entitled an act to alter and amend the several judiciary acts
now in force in this State, so far as relates to Justice's
Courts, approved December 14th, 1811.
Also, an act to incorporate Dalton City Company.
Also, an act in relation to the Supreme Court of this
State.
Also, an act to alter and amend the sixth section and third
article of the Constitution of the State of Georgia.
Also, an act to amend an act approved Dec. 10th, 1803,
to authorize the Justices of the Inferior Courts to discharge
insolvent debtors confined by process from any Court of this
State whatever, so far as to amend the caption of the
same.
Also, An act to incorporate the Back River Wharf and
Canal Company, and for other purposes therein mentioned.
Also, an act in addition to and amendatory of an act enti¬
tled an act to amend an act to incorporate the town of Mar-
thasville, in the county of DeKalb, passed on the 23d day
of December, 1843, and also to enlarge the boundaries of
said town, and to incorporate the same, under the name of
the City of Atlanta; and to change the name of the town of
SENATE.
699
Rome to the city of Rome ; and to provide the election of a
Mayor and Council and other officers of said cities, and to
confer upon them specific powers, and for other purposes
therein mentioned, approved 29th Dec. 1847.
Also, an act to provide for the collection and safekeeping
of the revenues of the Western and Atlantic Rail Road—to
punish those who may attempt to defraud the same, and for
other purposes therein contained.
Also, an act to provide fondisposing of certain lands in
the twelfth and thirteenth districts of the county of Ware,
which were sold under an act passed the 23d day of De¬
cember, 1833, and which have not been paid for, and
granted by the purchasers under said act.
Also, an act to be entitled an act to amend an act to in¬
corporate an Insurance Company, to be called the Savan¬
nah Insurance Company, passed the 30th day of December,
1847 ; and to incorporate the Chattahoochee Lodge, No. 61,
of Heard county.
Also, an act to alter and change the time of holding the
Inferior Courts of the counties of Paulding and Floyd, and
the Superior Courts of Lumpkin county.
Also, an act to incorporate the Elijah Turnpike Compa¬
ny, and to grant certain privileges to the same.
Also, an act to incorporate the Union Steamboat Compa¬
ny of Georgia and South Carolina.
Also, an act to authorize the incorporation of Joint Stock
Companies, for the construction of Macadamised, Graded or
Plank Roads.
Also, as duly enrolled and signed by the Speaker of the
House of Representatives, and ready for the signature of
the President of the Senate, an act to appropriate money
for the purposes therein mentioned.
Also, an act to amend an act to incorporate the South
Western Rail Road Company, and for other purposes.
Also, an act to alter and amend the first paragraph of the
seventh section of the first article of the Constitution of this
State.
Also, an act to curtail the labor of the Clerk of the Su¬
preme Court, and to reduce the cost in said Court, ahd to au¬
thorize amendments in said Court.
Also, an act to appoint Masters in Equity for the counties
of Muscogee, Talbot and Stewart, and other purposes there¬
in mentioned.
Also, an act to declare certain lands in the county oi
Ware forfeited to the State, and to provide for disposing oi
the same; also, to repeal the second, third, fourth, fifth
sixth, seventh and eighth sections of an act approved Decem¬
ber 30th, 1846, to declare certain lands in the county of Ware
forfeited to the State, and to provide for the disposing of the
same, and to fix the price of certain grants
700
JOURNAL OF THE
Also, an act for the relief of certain persons holding an in¬
terest in, or title to fractional and whole lots, sold under the
authority of an act, &c., and for other purposes therein men¬
tioned.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk:
Mr. President—The House of Representatives have con¬
curred in the resolution of Senate requesting the Governor
to inform the Hon.N M. Hall McAllister, Charles J. McDon¬
ald, Charles Dougherty and William Law, of their election
as delegates to the Southern Convention, &c.
The House has also concurred in the resolution, of the
Senate authorizing the Governor to furnish each member
with a copy of the Laws and Journals of this session.
The House has also agreed to a resolution authorizing the
Governor to distribute copies* of " White's Statistics of
Georgia," in the manner therein prescribed.
On motion, the Senate took up, read and agreed to the
resolution.
Mr. Clark laid on the table the following resolution:
Resolved, That the thanks of the Senate are due, and are
hereby tendered to the Hon. John D. Stell, for the able and
faithful manner with which he has discharged the arduous
and laborious duties of Chairman of the Enroling Commit¬
tee ; which was taken up, read and unanimously adopted.
The following message was received from his Excellency
the Governor, by Mr. Patton his Secretary :
Mr. President—I am instructed by his Excellency the
Governor to return to this branch of the General Assembly,
the following acts, which have received his approval, to wit:
An act to incorporate the New Hope Baptist Church in
the sixth district of Randolph county. •
An act to establish a Justices' Court at Holmesville,
Appling county, and to define the limits of the district, and
provide for the election of two Justices of the Peace and a
Constable, as officers of said district.
An act to regulate the taking of Interrogatories for the
Courts of this State; and to amend an act entitled an act to
authorize parties to compel discoveries at common, law, ap¬
proved December 17th, 1847.
- An act to authorize the raising and establishing of a Fire
Company in the city of Atlanta.
An act to compensate Physicians and Surgeons, who shall
be summoned by the Sheriff or Coroner of the county, to
make post-mortem examinations for the information of Ju¬
ries' inquest.
An act to revive and continue in force, an act passed in
1839, incorporating the St. Mary's Academy, and to appoint
trustees for the same; and to appoint trustees for the New-
non Male and Female Seminary in the county of Coweta,
SENATE.
701
and to confer upon them certain privileges and exemptions.
An act to incorporate the Elijay Turnpike Company, and
to grant certain privileges to the same.
An act to add a part of the county of Henry to the county
of Butts, and to designate the time of holding elections for
county officers in the county of Gordon for the year 1850.
An act in relation to the assignment of dower.
An act to change the time of holding the Inferior Courts
of the counties of Paulding and Floyd, and the Superior
Courts of Lumpkin county.
An act to authorize the sale of lands that cannot be grant¬
ed under existing laws.
An act to establish and regulate the inspection of flour
and corn meal at Dalton.
An act to amend an act to establish a general system of
education by common schools in the State of Georgia, so far
as relates to the county of Murray.
An act to amend and declare the intention of an act enti¬
tled an act to alter and amend the several Judiciary acts
now of force in this State, so far as relates to Justice's Courts,
approved December 14th, 1811.
An act to be entitled an act to alter and change the name of
Matthew Richardson Brown, to that of Matthew Downer,
and to make him his legal heir.
An act to alter and amend the sixth section of the third ar¬
ticle of the Constitution of this State.
An act to repeal an act passed on the 22d day of De¬
cember, 1843, authorizing the Governor to sell the Western
and Atlantic Rail Road.
An act, so far as relates to collection of fines by the Pro¬
vost Marshal of the 1st Regiment, Georgia Militia.
An act to incorporate Dalton City Company.
An act to make all writs, precepts and other instruments
returnable to the Superior Courts of the county of Floyd at
the time the said Courts are held, and prescribe the mode of
drawing the jurors for the same; and to amend an act passed
January 26th, 1850, in relation to the time of holding said
Courts.
An act to more effectually provide for the protection of
Widows and Orphans.
An act to amend an act incorporating the city of Dalton
in Murray county, approved 27th December, 1847.
An act to compensate Solicitors General for services ren¬
dered the State in the Supreme Court in criminal cases.
An act to incorporate the Coopers' Gap Turnpike Com¬
pany of Lumpkin and Union counties, and to grant certain
privileges to the same.
- An act to authorize certain actions at law.
An act in relation to the Supreme Court of this State.
An act to amend an act to incorporate an Insurance Com-
702
JOURNAL OF THE
pany to be called the Savannah Mutual Insurance Com¬
pany, passed 30th day of December, 1847 ; and to incorpo¬
rate the Chattahoochee Lodge No. 61, of Heard county.
An act to authorize and require the Justices of the Peace
of their respective districts in the county of Lumpkin and
Union, to examine and pass upon the qualifications of the
teachers of the poor children.
An act to authorize the legal representatives of intestates
and testators of other States, and Guardians, to sue in this
State.
An act to amend the act passed at the last session of the
General Assembly in relation to the liability of Rail Road
Companies for injury to stock and other property, by run¬
ning of cars or locomotives on their roads, and for other pur¬
poses.
An act to authorize the Justices of the Inferior Court of
the county of Crawford, to levy extraordinary taxes for
county purposes, and to fund the debts due by said county,
and to issue scrip thereon.
An act to appoint Commissioners for Savannah river.
An act to incorporate the Back River Wharf and Canal
Company, and for other purposes therein mentioned.
An act to amend an act approved Dec., 10th, 1803, to au¬
thorize the Justices of the Inferior Courts to discharge insol¬
vent debtors confined by process from any Court of this
State, whatsoever, so far as' to amend the caption of the
same.
An act to incorporate a Banking Company in the city of
Macon, under the name of the Manufacturers' Bank of
Macon.
An act to incorporate the Georgia Exporting Company.
An act to provide for the collection and safe keeping of
the revenue of the Western and Atlantic Rail Road; and to
punish those who may attempt to defraud the same, and for
other purposes therein contained.
The following resolutions have been assented to :
A resolution requesting the Senators and Representatives
in Congress to procure the establishment of a semi-weekly
mail route from Hawkinsville to Darien.
Also, a resolution relative to the establishment of mail
routes from Dublin to Jacksonville, and daily mail service be¬
tween the Central Rail Road and Sandersville, and a direct
mail route from Thomasville to Monticello, Florida, and
from Dahlonega to Jones' Post Office in Lumpkin county.
A resolution appointing a committee to enquire into the
state of education in Georgia.
A resolution requesting his Excellency the Governor to
supply certain standard weights and measures.
A resolution rescinding the "operations of certain resolu¬
tions assented to 10th Dec., 1838, prohibiting Engineers em-
SENATE.
703
ployed on the Western and Atlantic Rail Road from pur¬
chasing land within three miles of said road.
A resolution relative to the Mandamus issued at the in¬
stance of John H. Low vs. the Governor of Georgia.
A resolution in relation to the Methodist Protestant Church
to be located in the city of Milledgeville.
A report and resolution for the relief of William Q. An¬
derson, Thomas Anderson and Richard J. Willis.
A resolution relative to a mail route from Marietta to Dah-
lonega, in Lumpkin county.
A resolution in relation to the schedule of Western and At¬
lantic Rail Road.
A resolution in relation to John G. Caldwell and Michael
Dickson, of the county of Walker.
A resolution directing the Director of the Central Bank
to forward to the agent of this State at Washington city,
certain papers.
A resolution requesting his Excellency the Governor to
have collected, arranged and bound, certain documents.
A resolution directing the Treasurer of this State to re¬
ceive from Geo. L. Deming, Esq., certain monies.
A resolution requesting his Excellency the Governor to
inform Hon. Mathew Hall McAllister, Charles J. McDonald,
William Law and Charles Dougherty, of their election as
delegates to the Nashville Convention in June next, and to
request their acceptance.
A resolution to furnish the members of each branch of the
General Assembly with the laws and journals of the present
session.
Mr. John W. G. Smith, from the Committee appointed to
wait on his Excellency the Governor, and inform him that
both branches of the General Assembly are now ready to ad¬
journ, sine die, reported : that the committee have performed
that duty, and received for answer from his Excellency, that
he had no further communication to make to the General
Assembly.
Mr. Clark offered the following resolution, which was ta¬
ken up, read and agreed to.
Resolved, That the Secretary be directed to inform the
House of Representatives that this, branch of the General
Assembly, having completed the business of the session, is
now ready to adjourn, sine die.
The following message was received from the House of
Representatives, by Mr. Harrison, their Clerk :
Mr. President—I am directed to inform the Senate that
the House of Representatives have completed the business
of the session, and are now ready to adjourn, sine die.
On motion of Mr. Stell,
The Senate adjourned, sine die.
RULES OF SENATE FOR 1849.
1st. The President having taken the chair, a quorum be¬
ing present, the Journal of the preceding day shall be read ;
immediately after which, it shall be in the power of any
member to move for a re-consideration of any matter there¬
in contained, (providing such member, at the time of read¬
ing sucm matter shall notify the Senate of his intention to
move such re-consideration,) except such matter as has been
heretofore re-considered. But in cases where the life of an
individual is concerned there may be two re-considerations.
2d. Every bill or resolution having been lost or passed,
and again re-considered, shall immediately thereafter, by
the Secretary of the Senate, be placed on file, in the stand¬
ing order, and be taken up accordingly, and take prece¬
dence from the time of re-consideration only, unless other¬
wise directed by the Senate.
3d. No member shall speak to another, or otherwise inter¬
rupt the business of the Senate, or read any printed paper,
while the journal or public papers is reading, or when any
member is speaking in debate.
4th. When any member is about to speak, or deliver any
matter to the Senate, he shall rise from his seat and address
himself to the chair; he shall confine himself to the question
under consideration, and at all times avoid personality.
5th. No member shall speak more than twice in any one
debate, on the same day, without leave of the Senate.
6th. When two members rise to speak, the first that rises
shall be first in order, which shall be determined by the
President. i
7th. No motion shall be put or debated until the same be
seconded.
8th. When a motion is made and seconded, it shall be re¬
duced to writing, when required' by the President or any
member, delivered in at the table, and read, before the same
shall be debated.
9th. When a question is before the Senate, no motion shall
be received, but to adjourn; to lie on the table ; to postpone
indefinitely; to postpone to a day certain; to commit or to
amend; which several motions,shall have precedence in the
order they stand here arranged. ,T^e motion for adjourn¬
ment shall always be,in order, and decided without debate;
but the motion for adjournment a second time shall be out of
order, until the question before the Senate is first dispensed of.
706 RULES OF SENATE.
10th. The previous question being moved and seconded
by a majority, the question from the chair shall be : ' Shall,
the main question now be put?" and if the nays prevail, the
question shall not then be put.
11th. If a question in debate contains several points, any
member may have the same divided.
12th. When the yeas and nays are called by two mem¬
bers, each member called upon shall (unless excused) de¬
clare openly and without debate, his yea or nay to the ques¬
tion, and upon the call of the House, the members shall be
taken by their names in alphabetical order, and no member
shall be allowed to change his vote after the same has been
pronounced by the chair.
13th. When any member wishes to introduce a bill, he
shall rise from his seat, address the chair, read the caption,
and on leave report his bill instanter; and these reports, in
point of order, shall hold the place of reports from commit¬
tees. But all resolutions expressing the opinion of the Le¬
gislature shall lie at least one day on the table, unless other¬
wise ordered by a majority of the Senate.
14th. No bill shall be committed until it shall have been
twice read, after which it may be referred to a committee.
15th. When a member is called to order, he shall take his
seat until the President shall have determined whether he is
in order or not; every question of order shall be decided by
the President without debate; but if there is a doubt in his
mind, he shall call for the sense of the Senate.
16th. If a member be called to order for words spoken,
the exceptionable words shall be immediately taken down
in \yriting that the President may be better enabled to judge
of the matter.
17th. When a blank is to be filled and different sums and
different days are proposed, the question shall be taken on
the highest sum and most distant day first.
18th. All petitions shall be numbered as they are receiv¬
ed, and taken up and decided on in the same order as they
were received.
19th. No member shall absent himself from the service of
the Senate, without leave first obtained: and in case a less
number than a quorum of the Senate shall convene, they are
hereby authbrized to send any person or persons by them au¬
thorized, for any or all absent members, as the majority of
such members present shall agree, at the expense of such
absent members respectively, unless such excuse for non-
attendance shall be made as the Senate, when a quorum is
convened, shall judge sufficient.
20th. No member shall leave his seat after adjournment,
until the President shall have left the room.^
21st. There shall be four standing Committees of the Sen¬
ate appointed at the commencement of each session. First,
rtles of senate.
707
Committee on Privileges and Elections; second, on Peti¬
tions; third, on Enrolment; fourth, to examine the Journals
of the Senate; which committees not to consist of more than
five members each; and it shall be the duty of the Commit¬
tee on Privileges and Elections to examine and report upon
the certificates of the elections, or other credentials of the
members returned to serve, and to take into their considera¬
tion all such petitions and other matters touching elections
and returns as shall or may be presented, or come in ques¬
tion, and be referred to them by the Senate.
22d. When any communication is received from the Gov¬
ernor, it shall be in order to take it up as soon as the matter
then under consideration is disposed of.
23d. The unfinished business in which the Senate was
engaged at the last preceding adjournment, shall have the
preference in the order of the day, and no motion or any
other business shall be received until the former is disposed
of.
24th. No standing rule of Senate shall be altered without
one day's notice being given, expressing the intended alterar
tion, nor shall any rule of Senate be dispensed with except
by a vote of two thirds of the members present.
25th. The Secretary, Assistant Secretary, and Engrossing
and Enrolling Clerks shall be sworn or affirmed before the
presiding officer of the Senate to discharge their respective
duties faithfully and to the best of their skill and ability; of
which oath or affirmation an entry shall be made on the
Journals before they enter upon the discharge of such duties.
26th. The Senate will entertain no bill or amendment to a
bill'proposing to change names of individuals, to legitimate
children, or to alter county lines so as to change the resi¬
dence of citizens, without the written application of the per¬
son whose name or residence is proposed to be changed, or
whose repnted children are proposed to be legitimatised.
27th. The President may at any time call a member of
the Senate to the chair, to preside over its deliberations for
that day's session' and no longer.
28th. All bills read a second time and committed to a
Committee of the whole, shall, unless otherwise ordered by
the Senate, be taken up as reports of the Committee.
the order of the day shall be as follows :
1st. Unfinished business of the last adjournment.
2d.' Reports of Committees of tee Whole.
3d. Bills for a third reading.
4th. Bills for a second reading.
5th. Bills of Senate for Committee, in the order they stand
6th. Messages, in their order, from the House of Repre¬
sentatives.
INDEX.
ABSENCE.
Leave granted to
Napier,
49, 420, 664, 265
Tomlinson,
70
James R. Smith,
71, 263, 397, 613
Glenn,
71
Micajah Johnston,
95, 290, 414
Love,
101, 639
Sanford,
101, 167
Quarterman,
101
Gonder,
101, 345
Hines,
101, 628
Edmondson,
101, 265, 420
A. J. MiUer,
102
J. A. Miller,
102, 644
SpuUock,
130
Blackshear,
139
Dunham,
174, 290
Grubbs
174, 290, 489, 691
McBee,
174, 265, 613
SteU,
174, 593
Leonard,
263, 569
Murphy,
265
McRae,
265
Ferrell,
265, 628
Bryan,
290
J. W. G. Smith,
290
John Jones,
290
James E. Brown,
583
A. Beall,
414
Eberhart,
557
T. Johnston,
557
Quarterman,
569
Joseph E. Brown,
594
Long,
623
Anderson,
628
Chisolm,
693
ABOLITIONISTS.
To protect against their attempts, 156,195, 580,682
710
INDEX.
AFFIDAVITS.
Of illegality of executions, 507, 520, 643
AMENDMENTS.
Relative to, 553, 567, 570
ACADEMIES.,
Camden, 72, 81, 92, 656
GreenesbOro', ' 127, 134, 184
Talbotton, 210, 222, 304
AttapulgUs, ' 223, 248,267
Henry, 249, 261, 310
Madison, 67, 73, 79
Spring Place, 149, 158, 190
Wellington, ' 159,244, 554, 566, 576
Marshallville, 208, 221, 303
Centre village, Camden, 212, 224, 257
Wilmington, 220
Andrew, 223, 248, 267
Centreville, * 244, 449
Buena Vista, 262, 270, 332
Harrison, 425, 436, 447
Lafayette, 425, 436, 458
Dahlonega, 425, 435, 447
New Hope, 425, 436, 447
Mallorysville, 426, 435, 458
Rock Spring, 426, 435, 458
Carrollton, 426, 435, 458
Harralson, 426, 435, 458
Union, 537, 553, 561
Shady Grove, 561
Longstreet, 576
ADMINISTRATORS, EXECUTORS & GUARDIANS.
Relative to advertising estates,. 480, 487, 532
" " making titles, 537, 552, 560
" " returns, 537, 553, 560, 607, 626
" sales, 538, 552, 561, 577
" " A.S. Cowan's returns, 555, 566, 574, 606
626
" " purchasers at their sales, 475, 503
" " bonds, &c., 42, 47,55, 85
ATTORNEYS.
John L. Reid, 149, 158, 190
O. A. Lochrane, 138, 163, 192
W. S. Nichols, 328, 375, 386
W. P. Cunningham, 554, 567, 570
Testimony of, 88, 100, 173
APPROPRIATIONS.
For certain purposes, 92, 98, 102, 593, 608, 629,
635, 673, 687, 690
" 1850 and 1851,, 245, 257, 264
" Lunatic Asylum, 587, 608, 625
INDEX.
711.
For Road over Lookout Mountain, 587, 608, 625,
640, 657, 677
" J. E. Rice, 357
" Rev. George White, 460
" D. Morris, 460
• " James M. Wayne, 461
" Maria S. Delauney, ' 612
" county of Scriven, 449, 461, 470
" J. S. Parker, and F. A. Hill, 694
" D. S. Campbell, 694
APPEALS.
From Justices' to Superior Courts, 61, 72, 79, 100,
104
ASYLUMS.
Deaf and Dumb, 4S0, 487, 537
Lunatic, 554, 567, 576, 587, 608, 625
Reports on Lunatic, 102, 257
AUGUSTA.
To amend acts relative to, &c., 44, 47, 74
ATTACHMENTS.
To amend laws, 40, 44,100, 104
ALIENS.
May hold real estate, 72, 80, 91, 288
B.
BANKS. >
Manner of making returns, 102, 108, 112, 145,168
Darien, 182, 194, 359, 677
Central, 197, 519, 506, 548, 637, 639, 645, 677
Directors voting by proxy, 225, 248, 293
Brunswick, 239, 292, 299
Encroachments of foreign, 312, 377, 526
Milledgeville, i 489, 506, 534
Merchant's 609, 627, 656
Manufacturer's 466, 472, 498, 509, 511
South Western, 478, 488, 525, 539, 541, 555, 569,
582, 613
Report of Director of Central, 88
Reports of Committee, 253, 404, 525, 538
Commercial Bank of Macon, 230
Cherokee, 313, 371, 385, 409
Bank of Savannah, 345, 375, 387, 417, 547
" " State of Geo. Director, 71
BONDS. , 1W
Re-issue, 139, 157, 175
For W. & A. R. R. 140
Constables', ^07, 519, 548
BRIDGES.^ ^ Qreat Ogechee, 83, 94, 97, 247
" " Chestatee, 208, 220, 309, 312, 346
** " Conasauga, 313, 375, 385
712
INDEX.
Over the Chattahoochee, 507, 520
Campbellton, 161, 211, 301, 306, 330
BILLS OF EXCEPTION.
Mode of certifying, 82, 94, 169
'* C."
CANALS. .
Augusta, 44
Savannah and Ogechee, 102, 108, 114, 247
Macon, 105,112, 251
Back River, 313, 374, 385
CAMP GROUNDS.
Chapel, Washington co., 41, 44, 46, 262, 970, 332
Fountain Spring, 79, 94, 96
CATTLE.
In Union co. 324, 375, 386, 516
COMPLAINANTS.
Their rights, 88, 99, 103, 105, 173
CO-SECURITIES.
Relative to act for their relief, 250, 261, 295, 352,
496
COIT CLUB.
Augusta, 267
CHURCHES.
ipedar Creek, Emanuel, 555, 567, 574
.^Waynesboro' Baptist, 72, 80, 92
' Sav. 2d Baptist, 95, 100 103
New Hope Baptist, 140, 157,188, 425, 436, 447,
Atlanta 1st Baptist, 146, 158, 189
Savannah, Trinity, 160,211,241
Mount Zion, 261, 270, 333
Sister's, Washington, 269, 292, 300
Milledgeville Presbyterian, 333
Griffin, do., 426, 436, 447
Concord, Tattnall, 426, 435, 459
Relief Society, ofM. E. 109, 134,178
CHIEF ENGINEER.
To elect by the Legislature, 118, 136, 181, 354, 416
436, 456, 476, 500, 540
CITIZENSHIP.
Of citizens of Sumter, 537, 553, 561, 570
CITIES AND TOWNS.
Springfield, 72, 81, 92
Chatham, 102, 108, 114, 118, 121
Macon, 109, 135, 251, 376, 402, 469, 495, 554, 567,
583, 655
Madison, 58, 62, 76,
Oglethorpe, 137, 163, 193
Marthasville and Rome, 146, 158, 389, 678
Dalton, 174,195,231,655
Crawfordville, 175, 195, 252
INDEX.
713
Gnffin, 250, 261, 332, 575
Cartersville, 425, 435, 446
Fayetteville, 96, 104, 106
^lbany» 96, 105, 106
Greene&boroV 127, 164, 184
West Point, 155,194, 232
lalbotton, 209,220,250
Cumming, 234, 248, 293
Tunnel! Hill, 138, 157,187
Lumpkin, 209, 220, 250
Clarksville, 249, 261, 310
Dublin, 262, 270, 283
Cassville, 425, 435, 529
Springville, 426, 435, 448
COLLEGES.
Emory, 557, 587, 594
Cherokee, 88, 99, 103
Dalton Female, 175,195, 252
Oglethorpe University, 49
Lagrange Seminary, 174,195, 232
Southern Cen. University, 175, 194, 232, 547
Forsyth Col. Institute, 249, 261, 267
CONFERENCE.
Georgia, 109, 136, 179
CLERKS.
Enrolling and Engrossing, 49, 688
In Emanuel, 138, 163, 243, 253, 254
" Talbot, 160, 221, 263
" Montgomery, 78, 93, 98
" Pike, 345, 375, 387
Extra for Sur. Gen. and Sec. of State, 382
Of Courts of Ordinary, 383
" " " " their fees, 401,425,432
In Bibb, 425, 435, 458
May administer oaths, 480, 487,532, 537, 552, 559
Their costs for state insolvent cases, 507, 519, 548
In Gilmer, 508, 519,v 538
Advertise in any paper, 537, 553, 560, 573
Of Supreme Court, 656, 672
COMMITTEES.
President to appoint certain standing, 8, 49
To wait upon the Governor, 7, 37, 38, 271, 290, 686
" report on certain documents, 43
ft ft " laws relative to slaves, 44
Standing Committees, 49, 65, 70
On State Statistics, 83, 95
" Judicial Circuits, 105
Auditing accounts of members, 265
COMPTROLLER GENERAL.
Ezekiel Candler elected, 69
714
INDEX.
COLQUITT, A. H. 75
Secretary yro tern, 71
Vote of approval, 684
CLINCH, GEN. D. L.
Res. relative to his death, 123
CONSTABLES.
Relative to their election in Savannah, 40, 44, 56
" " " bonds, 507, 519, 548
In Chatham, 209, 218, 242
Manner of electing, 308, 375, 384, 402
CLAIMS.
To consolidate and amend claim laws, 67, 74
" personal property, 71, 80, 89,144, 145, 358, 428
CONSTITUTION.
Secretary to report acts passed at the last session, 40
6th sec., 3d art. 43, 47, 55, 75, 91, 97
43, 48
70, 73, 90
127, 136, 185, 186, 324
197, 224, 260, 337, 359, 386
376, 402, 412
376, 402, 411
489, 526
), 664, 67$, 685, 687,691
609, 627, 628, 664
COURTS.
Troup Inferior, 88, 99, 103
Lowndes Sup. &nd Inf. 106, 112, 124, 175
Columbia " " " 124, 176, 3 L0
Glynn Inferior, 137, 163, 193
DeKalb Superior, 138, 164,197
Macon 44 159, 221, 244
Bulloch and Effingham Sup. 159, 211, 301
Thomas, .Ware, Appling, Laurens, Pulaski,
Telfair, Irwin, Twiggs, 175, 656
Richmond, 176, 310, 458
Baker and Decatur Sup. 182, 194, 232, 655
Coweta, 138,164, 197
Pulaski Superior, ' 223, 249
Baker Inferior, 224, 247, 293, 456
Paulding Inf. and Sup. 291, 302, 328, 681, 686
Of Cherokee Circuit, 306, 310, 313, 547
Floyd Inferior, 328, 686
" Superior, 347,376, 387
- Of Coweta Circuit, 297, 361, 378
Gilmer and Harris, 426, 436, 458
Appling and Ware, 449, 461, 470
Cobb Sup. and Inf. 508, 519, 538
Pulaski, Telfair and Irwin, 521, 536, 550
9th '
3d
ffi
12th 4
2d
a
1st 4
3d
tt
3d '
1st
a
12th 4
2d
a'
3d 4
3d
it
12th 4
1st
it
7th 4
1st
" 609, 628
1st
u
INDEX*
715
COURTS.
0rdinarJ> • ' 537, 552, 559
CONSTITUTION, U. S.
Memorial of John W. King, in relation to a
proposed change, 8
CONGRESSIONAL DISTRICT.
To reorganize, 167, 194, 319, 320,328
CONVENTION.
- - To be called by Gov'r., 280, 376, 449, 461,509, 500
COTTON.
To reulate the weighing of, by Rail Road
> Companies, 354, 376, 388, 409
COUNTIES.
To lay out a new one from Floyd, Cass, and
" Murray, 224, 248, 462, 471
To lay out a new one from Ware and Lowndes, 507,
519, 557
COUNTY SITES.
In Columbia, 186, 224, 453
" Pike, 208, 220, 303
" Marion, 249, 261, 332
" Twiggs, 489, 506, 534
COUNTY OFFICERS.
In Pulaski, 129,158, 185
" Troup, Treasurer, 160, 211, 239, 246
" Irwin and Telfair, 331, 375, 386, 516
" Hancock, 386
Jailors, 401, 425, 433
Sheriffs and Clerks advertising, 537, 553, 560, 573
In Wilkinson, 554, 567, 574
Treasurers, 42, 47, 55, 260, 298
COUNTY LINES.
Between Habersham and Lumpkin, 38, 40, 58, 135,
180
" Emanuel and Washington, 88, 99, 103,106
" Jackson & Clark, 113, 135,180
" Madison and Clark, 114, 135, 180
•' Marion and Talbot,114, 135, 254, 264, 360
" Washington and Jefferson, 117,135,180
" Cobb and Paulding, 137, 163, 193
" Baker and Randolph, 138, 163, 192, 301
" Cass and Murray, 138, 157,188
" Henry and Butts, 156,194, 359,379
" Crawford and Macon, 159, 221,332
" Appling and Telfair, 159, 212,305
" Macon, Crawford and Talbot, 208, 221, 238
" Ware and Wayne, 209,222, 351
" Taliaferro, Warren and Hancock, 210, 221,
302
" Gwinnett and Jackson, 223, 248, 266
716.
INDEX.
COUNTY LINES.
Between Murray & Walker, 230, 248, 328, 329, 360
" Muscogee and Marion, 249, 261,266
" Macon, Crawford and Talbot, 249, 261,
295
" Twiggs, Bibb and Jones, 249, 261, 266
" Campbell and Fayette, 261, 270, 353, 387,
483, 439
" Walton and Gwinnett, 262,271,232
" Lee, Early, Stewart and Randolph,
262, 270, 541, 556
" Irwin and Baker, 297, 361, 373
" Hall and Lumpkin, 401,425, 433
" Henry and Fayette, 439
" Hall and Habersham, 439, 625
" Harris and Talbot, 506,520, 529
" Marion and Talbot, 506,520,529
" Habersham and Franklin, 507, 518, 547
Telfair, Ware and Appling, 508, 518, 551
Wayne and Glynn, 508, 518, 548, 557
Montgomery and Telfair, 520, 536, 551
" Effingham and Chatham, 521, 536, 550
" Newton & Jasper, 521, 536, 537, 562, 565
Carroll and Paulding, 521, 565
" Lumpkin and Forsyth, 529
" Sumter and Marion, 579
" Newton and DeKalb, Walton and
Newton, Baker and Thomas,
587, 608, 624
D
DAL TON.
Inspection of flour and meal, 155, 194, 230', 681
City Company, 155, 194, 231
Relative to acts, &c. 174, 195, 231, 655
DEEDS.
In evidence, 67, 73, 79, 250, 261, 295
Of Sheriffs, 291, 302, 331, 408, 414
Relative to, 72, 80, 89
DEER.
In Richmond, 223, 248, 303
DOORKEEPER.
. Asa B. Mitchell, elected, 6
DOWER.
Assignment of 470, 481, 503, 530
Relative to, 129, 158, 184
DAYS OF GRACE.
To designate, 51, 61, 75, 480
DIVORCES.
F. E. Hartsfield and W• P. Hartsfield, 83, 94, 172
<(
«(
INDEX.
717
DIVORCES.
E. and R. Lay, 83, 95, 173
J. W. and L. Ryals, 109, 135, 179
£ C. Ball and E. J. Ball, 122, 235, 183
E. W. and M. A. Allen, 138, 157, 188
Certain persons, 139, 158, 188
Relative to, 88, 100, 146,149. 155
DISCOVERIES.
Relative to, 479, 487, 521, 536, 550, 579, 606, 627,
640, 660
E.
ELECTIONS.
Of President and Secretary, 5
" Messenger and Doorkeeper, 6
" Judges, 58, 59
" State House Officers, 69, 70
« « Printer, 71
" " Director of Bank State of Georgia, 71
" Solicitor General Southern Circuit, 71
In Bulloch, 262, 270, 333
" Manetta, 553, 567, 570
" Wayne, 554, 566, 573
To number ballots, 308, 375, 384
Principal Keeper and Chief Engineer,
118, 136, 181, 354, 416, 436, 456, 476, 500, 540
Justices of the Peace and Constables,
308,375, 384,402
Delegates to Nashville Convention, 524
ELECTION PRECINCTS.
In Lowndes, 52, 62, 76, 347, 376
« Murray, 61, 73, 137, 164, 381
" Clark, 88, 159
" Marion, 109, 136
» Troup, 117,136, 181
« Hall, 122, 136
« Habersham, 137, 163, 192
" certain counties, 209, 223, 379, 382, 397, 478,
483, 487, 516, 533, 653, 655
«' Washington, 291, 302, 331, 349, 360, 516,
425, 435, 448, 483
" Thomas, 292, 302, 331
" 757th district, 425, 435, 446
" Sumter, 425, 435, 446
" Carroll, 425, 436, 446
« Talbot, 425, 435, 446
EDUCATION SOCIETY.
Southern, ' 174,195,232,.292
ENROLMENT.
Reports of Committee, 66, 75, 77, 84,104, 125,
133,146, 167, 173, 203, 218,. 233,.237,1239, 240,
245, 253, 256,268, 272,283, 288, 294^298, 304,
718
index.
309, 314, 329, 330, 362, 372, 400, 415,.417, 441,
445, 464, 472, 476, 486, 502, 526, 530, 539, 547,
563, 570, 584, 607, 623, 642, 647, 651, 656, 663,
. 666, 681, 687, 696
ESCHEATS.
Relative to, . 479,48S, 533
EVIDENCE.
Regulating the admisson of, 42, 47, 55, 85
Of certain deeds. 67, 73, 79
" judicial proceedings had in other States,
109, 134, 191
ESTATES.
Of deceased persons, 52, 62, 76
EXECUTIONS.
Against Joint Stock Companies, 480, 487, 533, 579
Illegality of, 507, 520, 643
EXECUTORS, [see administrators.]
EXPORTING COMPANY, , -
Georgia, . 155, 194, 231
v F. •
FERRIES. i;
Across the Great Satilla, 41. 44, 46, 50
" " Chattahoochee, 113, 135, 138,163, 192,
210, 221, 310, 520, 537, 551
" " Etowah, , 160, 219, 242
« " Flint,' f 160, 210, 220, 221, 242, 263, 347
375, 388, 537, 553, 577
" " Ocmulgee, 481, 486, 504
" " Oostanaula, 508, 520,577
" ». Altamaha, 263,270,833, 508, 519,546
" « AHapaha, 330, 375, 386
All persons to establish on their own land, ;
364, 376, 388, 428, 554, 567, 570, 583, 636
FIRE COMPANIES.
1 Washington, in Savannah, 42, 47, 54
Athens, • 506j 519, 539
Atlanta, 371, 401, 410
FREE PERSONS OF COLOR.
For the relief of certain, 39,43,355
To forbid their living in this State, 138, 158, 187,
517, 522
FREE DEALERS.
Nancy Waters and Candace R. Carter, • 508, 519,
539,609
FEME COVERTS.
Relative to, 442, 450, 515
GARNISHMENT. G. -
Amending laws, 96, 105, 225, 248, 356, 439, 480,
"487, 530
GENERAL ASSEMBLY. ' .
Time of meeting, . 427,457
index.
719
GAS LIGHT COMPANIES.
Savannah, 109, 134, 178
Augusta,
GUARDIANS, [see administrators.]
^,-™5elative to> 376> 401, 412, 427, 443, 496, 547
GOVERNOR.
George W. Towns declared elected, 37
Inaugurated, 39
Message referred to committees. 41
To have public documents arranged, 120
messages—Biennial, 9
Announcing vacancy in office of Sol. General, 60
Relative to Military claims, 60, 84
" " Reports of Judges Nisbet & Warner, 99
" " Islands in Flint river, ' 145
" " Boundary line, 195, 198, 326
" " W. & A. Rail Road, 200, 371
" " Meeting in Macon, 389
" •' Ma.con and Western R. R. 440
if " Mandamus, # 511
" " Rock Island Factory, * 588
•To forward books to Justices, 673
" appoint a Commissioner to lay off Macon
Reserve, 673
" publish laws of general interest, 677
" furnish members of present session, 694
Authorized to borrow money, 693
To draw warrants for certain purposes, 693
GRANTS.
Amending laws, 72, 80, 91, 137, 164, 192, 249,
261, 288, 332
Lands in Ware, 82,379,427
" " Talbot, 149, 158, 189
Lot No. 10, in 10th Irwin, 183 194, 252
Issue of a certain grant, 249, 261, 266
To George W. Towns, 265
" a Crumley, 307, 362, 374
" John P. Dodson, 377, 401, 438
Lot No. 60, 7th Gwin', 475,503,541,678
" " 177, 1st Dooly, 479, 487, 534
" " 10, 5th Irwin, 507, 520, 539
GLENN, LUTHER J.
Elected Secretary, 5
Vote of approval, 684
H.
HOGS.^nmarked, in Paulding, 507, 519, 561, 569, 581
horticultural association. .
Central, 554> 566> 576
HARDEN, Wm.
Resolution in favor of, 235
720 *
index.
HARRISON, GEO. W.
Elected Secretary of State, 70
HYDRAULIC COMPANY.
Savannah, 553, 566, 576
I
ILLEGITIMATES^ [see names.]
ISLANDS.
To be surveyed, * 608, 627, 628
INSURANCE COMPANIES.
Savannah Mutual, 174,195,232,681
Southern, 209, 222, 267
Cherokee, . > 313, 374, 385, 409
INSOLVENTS.
In Cherokee, 250, 261, 310
INCUMBRANCES.
In Richmond and. Savannah, 83, 94, 97, 609
INTERROGATORIES.
Testimony by, 130, 445
JEWS.
Marriages by their own ministers, &c. 41, 44,66
JOINT STOCK COMPANIES.
Incorporation of, 149, 158, 190, 683
JUDICIARY.
? Relative to attachment laws, 40, 44,100, 104
" " Bonds of administrators, 42, 47, 55, 85
" " admission of evidence, 42,47,55,85
" " lien of judgments, 42, 48,85, 86, 87,103,
104, 141
" int. on open accounts, 48,54,62, 75,100,.
104, 105, 140
" " holidays, or days of grace, 51, 61, 75,480
" " widows and orphans, 52,62, 76
" " appeals, 61, 72, 79, 100, 104
" " deeds in evidence,67,73,79,250,261,295
" " claim laws, 67, 74
u " claims to per. property, 71, 80, 89, 144,
145, 358, 428
" " deeds, mortgages, &c., 72, 80, 89
" " aliens holding real estate, 72,80,91,288
" " limitations, 72,81, 92, 17l
" " lien of judgments, 78, 93, 101* 171
" trusts, 78, 93,101,169
»< « rights of married women, 78, 94, 98,
* 127, 128, 132, 133, 139 150,156
' " " bills of exception, 82, 94,169
" " incumbrances, 83,94,97,609
" " suits by non-residents, 83, 94, 98, 170
" " testimony of Attorneys, 88, 100, 173
* " " recoveries, 88, 100! 156,251
INDEX.
721
JUDICIARY—(Continued.) ;.
v Relative to complainants, 88, 99, 103, 105, 173
" " garnishments, 96,105, 225,248, 356, 439
" " presentments, 96, 104, 107, 356
44 44 boundaries of land, 102,108,112,437
" ' " certiorari, - 102, 108,112,438
" " evidence, 109,%134, 191
44 44 dower, * 129, 158, 184
" testimony by interrogatories, 130, 445
44 44 criminal prosecution, 137, 158, 163,192,
469, 580
44 44 pleadings at law,' ^JL37, 163, 192, 351
44 M ca. sa. s, 146, 189,357
" 44 liabilities of husbands, 155,194, 231
" 44 vexatious prosecu'ns, 20b, 220, 303, 351
44 44 convicted prisoners, 209, 242,220
44 44 fees of constables and magistrates, 209,
218, 242
44 44 penal code, 209,221, 303, 353
44 44 sciri facias, 249, 261, 292, 300, 417
44 44 co-securities, 250, 261,295, 352, 496
44 44 sheriff's deeds, .291, 302, 331, 408, 414
44 44 widows and orphans, 297, 361, 373,
383, 382
44 44 certain actions at law, 307, 374, 38%, 681
44 44 taking testimony, 307, 374, 384
44 44 insolvent debtors, 330, 375, 386, 643
44 44 certain notice, 376, 402, 411
44 44 guardianship, 376, 401, 412, 427, 443
547, 496
44 44 granting injunctions, 470,481,503
44 44 assignment of dower, 470,481,503,530
44 44 taking testimony by commissioners, 47J,
481, 503
44 44 bona fide purchasers of negroes, 475,
529, 503
44 44 ,adm's. and ex'rs. sales, 475, 503
'• 44 escheats, 479,488,533
44 44 discoveries, 479, 487, 521,536, 550, 660,
640, 627, 606, 579
44 44 an act p'sd 22d Dec., 1840, .480, 488,532
44 44 garnishment laws, 480, 489> 530
44 44 executions against joint . stock
companies, 480, <4^7, 533, 579,
44 44 affidavits of illegality of execu¬
tions, 507, 5&0, 643
44 44 master in equity, 553,566,607,627, 660,
636, 628
44 44 trials of slaves, &c., 653, 567, 570
44 44 amendments, 553,567,570
46
722
INDEX.
JUDICIARY—(Continued.)
Relative to an act of 1809, 554, 566, 607, 626
" " 24th section, 10th div. penal code, 554,
566, 569
" " liabilities of sureties, 587, 608, 625, 676
" " testimony of slaves, 639, 645, 648
■ " " peace warrants, 568, 576, 584
JUDGMENTS.
Relative to 42, 48, 85, 86, 87, 103, 104,141
JUDGES.
Votes to decide whether by the people or the
Legislature elected, 38, 43, 45, 63, 144, 167, 186
Elections of, 48,58, 59
To prevent their making certain charges, 78, 94, 169
JUDICIAL CIRCUITS.
Few one, 61, 73, 87, 89, 157,194, 230, 588, 640
Reorganization, 102
Committee on. 105
JURORS.
Grand and petit, of Murray, 51, 73, 79
" " " " Cherokee, 83, 140, 143
To jelieve Justices & Clerks, 106,112, 124,126, 217
Grand and petit of Elbert, 137, 163, 193
Early Petit, 208,221,241
Washington Petit, . 208, 221, 305, 306
Muscogee grand and petit, 209, 221, 254
Houston Petit, 210, 222, 242
Lumpkin grand and petit, 210, 221, 242
Laurens petit, 224, 248, 268
, Hancock petit, 249, 261, 305, 364, 388 .
Jasper petit, 262, 271, 310, 375
Relative to petit, 364, 375, 388
To exempt physicians, surgeons, and accouch-
ers, 383,437
Cobb co., 425, 435, 447
Gilmer grand and petit, 426, 436, 446
Meriwether, grand and petit, 426, 435, 457
Thomas grand and petit, 426, 436, 446
Randolph petit,. 426, 435, 445
Lee, " . 537, 552, 561
Cass grand, 555, 566, 574
JUSTICES' COURTS.
In Chatham, 42, 48, 54
In 913th dist. 160, 211, 305
In Glynn,' 330, 375, 386
In Appling, 374, 385
In 1026th dist. 426, 436, 458
Relative to, " 129, 157, 184, 297, 361, 373
In Savannah, 42, 47, 54
,To extend jurisdiction, 377, 402, 468, 471
JURISDICTION.
Over territory in dispute with Florida, 508,519, 549,
627, 606
L
LAWS.
Governor to furnish Mayor and Aldermen of
Savannah, . J09
Cherokee co. 314,334,345
To various counties, 345
To Geo. White, 412
To Ware co. 449
To members of Legislature, 694
LANDS.
To sell a tract in Liberty, 166,194, 231
Authorizing the Governor to dispose of cer¬
tain, ' 471, 481, 504
To reorganize a Land Court in Emanuel, 471, 481,
504, 516
To be surveyed in Ware co,, 506, 519, 54S
In Ware, forfeited, 568, 576, 5S3, 691
Boundaries, 102, 108, 112, 437
LIMITATIONS.
To amend statute, 72, 81, 92, 171
LIBRARY SOCIETY.
St. Mary's, 223, 249, 268
LODGES.
Correction in general bill, 582
St. Thomas, . 42,47, 54
San Marino, 51, 61, 74
Rising Sun, 137, 163, 193
Lafayette Chapter, 137, 163, 197
Dawson, and Burns, 160, 211
Pythagoras, 198
Hamilton, 209, 222, 303, 432
Pythagoras Chapter and Meridian Sun, 291, 302
Euharly, 307, 362
Hiram, No. 51, 313, 374
Dalton, « 345
Philomathea, 4:25
Various Lodges, 4:32
Odd Fellows, 95,100,124
LUMBER MEASURERS.
To prevent their being clerks to buyers, &c., 480,
r 487, 506,511
■ M.
MANUFACTORIES.
Rock Island, 186 207, 236, 521, 593
Sweetwater, 223,248,267
Marietta, ^08' «^0,
Bowensville, " 565
724
INDEX.
MAMUFAC TORIES—(Continued.)
Mulberry Grove, 553, 567, 573
MANDAMUS.
Writ served on the Governor, 54, 313, 661, 664
MASTER IN EQUITY.
For certain counties, 553,566,607,627,628,636, 660
MARRIAGES. .
By Jewish Ministers, 41, 44, 56
MACHINE WORKS.
Augusta, 67, 73, 79
MAIL ROUTES.
From Centre village to St. Mary's, 8.L
" Hawkinsville to Darien, 449
" Waresboro' to Centre village, 203
" Dahlonega to Yellow Creek, 693
" " " Blount's Ferry, 203
" Holmesville to Reidsville, • 358, 415
" Dublin to Jacksonville, 295, 693
" Troupville to Jasper, Florida, 415
" Central R. R. to Sandersville, 295
" Marietta to Canton, 334
" Thomasville to Monticello, Florida, 295
" Marietta to Dahlonega, . 314, 328, 321
" Monticello to Griffin, 415
" Athens to Clarksville, 415, 461
" Blakely to Bainbridge, 415
McCULLOUGH, DAVID.
Resolution relative to claims against the State, 167
McBEAN COMPANY.
Incorporated, 505
MEMORIALS.
From John W. King relative to Constitution of
the United States. 8
Of John D. Gray & Co., 81, 84
" Lott Warren and others, 87,157
" Howell Cobb, 99, 580
" W. H. Pritchard, 254
" Lucien Goddard, . 350
" Citizens of Atlanta, 351
" « Liberty, 427, 607
" James Edmondson, 594, 625
" Caldwell & Dickson, 314, 364,690
MESSAGE S—from House of Representatives.
Announcing organization, 7
Committee to wait upon the Governor, 7
Ready to count votes for Governor, 37
Relative to election of Judges: 45, 50, 58, 59
Announcing Standing Committees, 57
Relative to certain elections, 65, 69, 70
u " military claims and mail routes, 77
INDEX. 725
MESSAGES—-from'Rouse of Representatives—(Con¬
tinued.
Relative to memorial of Howell Cobb, 101
Bills and resolutions passed, 68, 81, 83, 88, 110,
114, 121, 127, 130, 142, 151, 161, 172, 179, 187
207, 216, 225, 228, 237, 238, 245, 246, 250, 255,
264, 267, 268, 284, 292, 294, 296, 307, 308, 333,
356, 359, 365, 395, 412, 419, 437, 441, 467, 473,
477, 481, 484, 495, 496, 512, 527, 529, 544, 558,
573, 581, 586, 598, 607, 649, 659, 661, 667, 672,
673, 680, 683, 684, 6S5, 686, 689, 692, 694, 695,
700
From the Governor.
Biennial, " 9
Announcing vacancy in office of Sol. General, 60
Military claims, 60, 84
Reports of Judges Nisbet and Warner, 99
Islands in Flint river, / 145
Boundary line, 195, 198, 326
W. & A. Rail Road, 200, 371
Meeting of citizens of Macon, 389
Macon and Western R. R. 440
Mandamus, 54
Rock Island Factory, 588
Acts and resolutions approved, 68, 89, 146, 286,298,
365, 423, 516, 562; 598, 634, 637, 674, 688, 700
MESSENGER.
William S. Rogers, elected, 6
MEDICINES.
Sales of, 70, 73, 107, 108, 114,120
MILITIA.
Claims on General Government, 49, 66, 640
In Hancock, 291, 302, 331
First Regiment, 298, 361, 373, 479, 488, 534
In Franklin, 479, 488, 535
Election of Field Officers, 479, 487, 535
MILITARY OFFICERS.
Thanks to those who served in Mexico, 609
MITCHELL, WM. L.
Proceedings relative to, 440, 451,462, 495, 691
MILL DAMS.
Across tha Chattahoochee, 77, 93,98, 117, 135,180,
189, 426,435,447
« « Flint, 137, 163, 193
« " Notly, 161, 211, 301
" " Hightower, 180, 189
N..
NAMES. . ,1?,. f
To change the name of Elizabeth JLelly, to
Amanda Elizabeth Cooper, 42, 47, 54, 246
726
INDEX.
NAMES—(Continued.)
Malinda Jane Reeves to Malinda Jane Yar-
brough, 78, 93, 99
Kate Leon Rich to Kate Leon Riley, 83s 94, 98
F. E. Hartsfield and W. D. Hartsfield, 83, 94
William Hadaway, ' 113, 135, 180
Wm. C. Day toWra. C. Rhodes, 118, 136, 181
Mary Y. Faverto Mary V. Cox, 127, 134, 184
Moses and Joanna Kitchens to Moses and
Joanna Neal, 181
Certain children, 203, 224
E. W. Wingfield and Henry Fitz to E. H.
Wingfield and Henry Sitz, 203, 224, 252
Certain persons, 250, 261,268, 327, 587, 608, 625
M. R. Brown to M. Downer, 307, 362, 374
Elizabeth Strong, 554, 566,« 626
NASHVILLE CONVENTION.
Delegates, 494, 524, 648
NATIONAL MONUMENT.
Governor to prepare a granite block, &c., 156, 251
NOTARIES PUBLIC.
To attest certain instruments and admin¬
ister oaths, 308, 374, 384
O.
ODD FELLOWS.
To amend an act incorporating, 95, 100, 124
OGLETHORPE UNIVERSITY.
Letter from the President, . 49
P.
PARDON.
John Hunton, of Wilkes, 72, 81, 140
Sampson Braziel, 223, 249, 266
Jonathan Studstill, 234, 248, 371
PEDLERS.
H. R. D. Tread well, 72, 81, 107, 144
H. N. Sapp, 96, 105, 106
Jasper N. Pittman, 107
Robert H. Hart, * 107
J. A. H. Revere, 146, 158, 189
Jacob Pittman, 224, 248, 266
. John Duff, 345, 375, 387
John Brantley, 387
Certain persons, " 4^1, 481, 504, 529
PENAL CODE.
To amend, 209, 221, 303, 353, 354, 566,569
PENITENTIARY.
Reports of Committee, 164, 203
To send convicts to Atlanta, 166,195, 208
For its better government, 166, 194, 609, 628, 629,
640, 651, 677
INDEX.
727
PENITENTIARY—(Continued.) ✓
Convicts on Milledgevile R. R. 648
Relative to its debts, 671
PETITIONS.
Of F. Logan and others, 38, 40, 113
" Wm. P. Beall and Davis B. Hadley, 39
" J. W. Buchanan,| 39
" citizens of Camden, 65, 100
" " Macon county, 65, 100
" Georgia Historical Society, 65
" Henry W. Blake. 65.
" Columbia county, 66
" Thomas R. R. Cobb, 66, 82, 83, 113, 114, 494
" Benjamin H. Cameron, '66, 421
" W. O. Anderson, R.J. Willis and T. Anderson, 75
• " Glynn and Camden, 103
" Mayor and Aldermen of Savannah. 323
•' citizens of DeKalb, 323
PHYSICIANS.
To incorporate in Coroner's cases, 302, 361, 374,
429, 452
" amend act for licensing, 479, 486, 532^ 554, 567
Jeptha Stephens, 480, 488, 534, 540, 543
Daniel Sike, 538, 553, 557, 572
PILOTAGE. •
To appoint Commissioners in Darien, 262, 300, 270
PLANK ROADS.
Griffin and West Point, 161,211,242
Cobb county and Alabama, 433
Washington, 434
Columbus and Greenville, 4S8, 506, 530
" '* Lumpkin, 488, 506, 530
Sparta, 488, 506, 530
Cherokee, . 520, 536. 551
Clarkesville, 568,577
PRINTING.
Rules of Senate, 7
Governor's Message, 37
Resolutions on Federal relations,. 57,64
Bill to amend claim laws, 67
Woman's bill,
Report of Director of the Central Bank, 84
Bill to limit lien of judgments, 87, 95
Report pf Judges Nisbet and Warner, 99
Bill of Macon Canal Company, 105
" for common depot at .Macon, 107
" on nostrums and medical compounds, 114
Central Bank report, ^ 145
Congressional District bill, 167
Senatorial District bill, 174
728 . INDEX.
PRINTING—(Continued.) ,
Governor's message relative to W. & A. R. R., 202
Report of Chief Engineer W. & A. R. R., 202, 290
Reports of Committee on Penitentiary, 207
Resolutions relative to T. B. King, 283
Report of Committee on Banks, 408
To reduce the price, &c,, 376, 402, 412, 563
Relative to, 470, 481,495, 562
Report of Committee, 558
POOR SCHOOLS.
Rabun and Union, 137, 164, 272, 283, 677
Warren, N . 159,211.304
Dooly, . 160,220,243
Hall, 175,195. 231
, Lumpkin and Union, 307, 362, 374, 438
Murray, ■ , \ ^76
Irwin, . v 110
Burke, 209,220,-324
Ware, • - '' * 686
Jasper, ' _ 26Sf, 271, 333
Thomas, . ^ r 459
Appling, - " ... . 460
Gilmer and Walker, " ; 555,566, 575
Gwinnett, . . V ' 138,164,241
Lowndes, - 613
To amend act of 1843, , ^7j>, 479, 562
" . ati'act, « . . ,479,488, 640,
Com. to report, * "• " ' . 217
POULETT, PETER. , "* • V. . „
Titles confined to certain land, 38, 43, 45
PRESIDENT OF SENATE.
William B. Wofford, elected, 5
To appoint certain Committees, 8
Thanks voted, 684
PRESENTMENT.
Regulating, 96, 104, 107, 356
PERMANENT FUND.
Of Hebrew Congregation at Savannah, 67,73,79
PUBLIC WORSHIP.
To protect, 72, 81, 91, 95
PUBLIC OFFICERS.
Relative to, * 167,194, 235, 238
PUBLIC DEBT.
Sinking Fund for its payment, 506, 520, 546
R
RAILROAD COMPANIES.
May hold stock in other companies, 40, 43,46, 85
Georgia, 44, 74, 77, 190, 196, 225
At Macon, 47, 53, 62, 78, 107, 115, 118, 183, 203,
207, 212
INDEX.
729.
RAILROAD COMPANIES—(Continued.)
Cross Plains,x 58,62,78,79
Hands exempt from Road duty, 67, 73, 79
Memphis Branch, 71 go' 89
Ocmulgee and Flint River, 83, 94, 98,101, 238
Talbotton, 109,135,179
Savannah and Albany, io9, 135,179
Atlanta and Lagrange, 115, 119, 121, 168
Amending act for connection at Macon, 122,128,183,
203> 207, 212
Western, and Atlantic, 132,123,135, 144,184, 365,
371, 375, 877, 388, 396, 397, 401,411, 508, 509,
' 539, 681.
Northeastern PI. and R. R. Co. 159, 211, 243
Southwestern, 160,209, 222,331, 366, 367,454, 462,
• 469,472, 516, 568, 609, 660, 676, 678
. Houston Branch, 160, 220, 243
' Alabama and Georgia, 193, 224, 250, 680, 685
.Thqmaston "and Barnesville, * • 2, 10, 222, 241
\ - Augusta and Waynesboro', 250,260, 309
Amending* act defining their liabilities, 302, 361, 373
Ocmulgee, - 449,461,470
Muscogee, , 449, 461, 470, 567, 570
Milledgevilte, - ' 470, 479, 481, 504, 486, 553
To prevent their running freight trains on*the
Sabbath*. . - 480,487, 532
Relative4ocondu<jtoi^ and firemen, 521,537,550,559
Eatonton Brabcl^ • '*•*" * . 537,553,560
CherokeeT," \ • ' - . 520, 536, 551
Clarkesville, , 568, 577
Macon and Western, • 440, 451, 462, 495, 691
RAY, SAMUEL, J., elected State Printer, 70
RELIEF—For the relief of
William H. Graham and Hardin Perkins. 48, 10,4
107, 111
Certain citizens, 51, 61, 75, 269
W. P. Beale and D. B. Hadley, 52, 62, 76
Robt. Stephens, W. Stephens, and others, 72', 80, 91
• John H.Mann, 72,81,92
Thomas Green and others, ' ?6
Certain persons, 78, 84, 87, 93
Citizens of Dooly, 96, 99, 104, 106
Thomas Powell, 117,135, 202
* Merrick Barnes, 133, 158, 186, 239, 327
Hardy Strickland, 137, 163,193
Mary Louisa Pritchard, 138, 163, 192
John C. Whitworth, 138,163,192, 260, 399,491,514
H.M. Ward, U5> 157>
H. D. Moore, 161, 211, 295
W. B. Barton and E. G. Pouder, 161, 211, 236
730
INDEX.
RELIEF—For the relief of—(Continued.)
James King, 161,210, 459, 495, 514, 656
Mary Holmes, 167, 194, 231
P. Brady and J. Myrick, 167, 194, 359
H. W. Blake, 175, 195, 232, 655
Charles B. Lombard, 209, 222, 263
David Dobbs, 209, 220,242
Rene. M. Pittman, 210, 223, 625, 657
Sarah A. Stephens, 210, 223, 468
R. Obarr, and others, of Cass, 210, 218, 335
Nancy Weston, 223,249, 305, 308, 442, 450, 515,552
B. J. Heard, 223, 249, 263
Wm. H. Monroe, 223,248,268
F. M. Ison, , 225, 248, 327
E. B. Kennedy, 250, 261, 310, 551
J. C. Peawon, and H. Noles, 249, 261, 266
Administrators of H. Ivy, and A. H. Greene, 269,
292, 299
John T. Humphries, 314, 374 <
Richard Bassett, 349, 353
Andrew J. Cowart, 377, 401, 411
Isaac Wright, 449, 461, 470
Ed. D. Huguenin, 449, 461, 470
James Alford, 460
Joseph L, Robinson, * 478, 488, 506
Henry M. Ward, 479, 488, 435
John Dismukes and Rebecca Wade, 479,487, 535
Benj. H. Cameron, 479, 504, 486
, Wm. Wayne, 480, 487, 535
Wm. Dearing, 480, 488, 536, 611
Edward A. Flewellen, 480,486,506
Heirs of Isaac S. Wood, 489, 506, 532, 613, 614
David Barron and others, 480, 487, 504, 511
James M. Kelly, 507, 519, 568
Joseph Donaldson, 507, 518, 548
M. Aderhold and J. McWhorter, 507,519, 539
Securities of Jacob W. Frost, 507, 518, 546
All offenders against laws prohibiting 'the in¬
troduction of slaves, 521, 536, 550
William Hardeman, 521, 536, 550,612
John Strickland, 537, 553, 559
Duncan McDougald, 554, 567, 572, 651
John M. Wilhite, 555, 566, 673
Thomas J. Worthen, 587, 608, 625
. Joseph Spurlin, • 5S8, 608, 624
Certain persons, 608,627, 635,668
reports of committee
To wait on the Governor, 8, 39, 294
On documents, 50
On petition of W. P. Beale and D. B. Hadley, 52
INDEX.
731
REPORTS OF COMMITTEE—(Continued.)
On Finance, relative to mil. claims, 66
On Finance, relative to G. L. Deming, 75
On Int. Imp. on Depot at Macon, 78
On " " « Cross Plains R. R. 78
On Education, 421
On Judiciary, 130,156, 347, 404, 503
On Penitentiary, 164, 401, 203
On Sons of Temperance, 234
On Banks, 253, 404, 525, 538
On Finance, 348,3S3, 398, 420, 430, 438, 610, 611
On Lunatic Asylum, 257
On state of the Republic, 274, 453
On Journals, 283, 331, 670
On the Military, 315
On Senatorial District bill, _ 335, 337
On Agr. and Internal Improvement, 410
On Geo. Hist. Society, 93
On Judiciary (lands in Ware,) 456
On petitions (relative to pedlers,) 515
On adjournment, 529
On Sunday school libraries, 583
On Mandamus served on the Gov. 644
Of Conference, 690
• Of Director of Central Bank, 88
Of Trustees of Lunatic Asylum, 102
RESOLUTIONS.
Directing Secretary to inform the House of
Representatives of the Senate's organiza¬
tion, 6
Adopting rules of last Senate, 6
To bring on election of Judges, 6
Committee to wait upon the Governor, 7, 38
Appointing Committee to transmit returns of
election for Governor, to H. of R. 37
Relative to Eulogy on James K. Polk, 41
To appoint Com. of State Statistics, 51
On Northern aggressions, 52, 274, 285, 473, 478
To bring on certain election, 56
On Federal Relations, 63, 274, 285, 288, 473, 489,
485, 478
Agricultural Implements, 67
O JT /»q |y/\
Binding public documents, _ _ Da» /u
Requesting Gov^to appoint Thanksgiving day, 70, 71
All resolutions relating to slavery, &c. refer¬
red to the Joint Standing Committee on the
State of the Republic, 120
• On death of Gen. Clinch, 123
On West and Atlantic Railroad, 122, 123, 230
Inviting ladies to seat, 212
732
INDEX.
RESOLUTIONS—(Continued,)
On adjournment, 219, 226, 233, 291, 296, 355
Commercial Bank of Macon, 230
Relative to T. B. King, 2S1, 351
Of South Carolina Legislature, 307
Relative to meeting of citizens of Macon, 308
do. Milledgeville P. E. Church, 308
do. Gov. furnishing statement of
lands, negroes, &c., 312
do. writ of Mandamus served upon .
the Governor, 313, 661, 664
do. new matter and adjournment, 355
do. Macon and Western R. R. 440,495
do. act regulating certain roads,
vetoed by the Governor, 441
do. business of General Assembly, 510
do.' Sunday Schools, f 510, 572
do. Colonial Records, 587
do. T. T. Long, 642
do. Penitentiary convicts, 648, 655
do. John M. Wilhite, 673
do. Delegates to Nashville Convention, 648
do. Claims against Gen. Government, 656
RECOVERIES.
Providing for their payment, 88, 100, 186, 25J
RIVERS.
Commissioners for Savannah, 117, 135, 180, 686
Oconee, 127, 136, 184
North Oconee, 210, 222, 267
Chattahoochee, 253, 292, 323
Great and Little Ohoopee, 261, 271, 310
Navigation of the Flint, 350, 377
Great Ogeechee, 461
Chicamauga, 520, 536, 551
Fisheries on Great Ogeechee, 568, 576, 584
RICE, CHARLES H.
Warrant in favor of widow of, 358, 372
Administration on his estate, 359, 376, 388
ROADS.
In Camden, 41, 44*46, 50, 61, 73, 79, 139,157, 188,
345, 375, 386
In Bryan and other counties, 61, 73, 79,<1159,220,244
In Chatham, 262, 271, 334, 479, 4S7, 535
In Heard, 425, 436, 448, 450
Around Anthony's Shoals on Br'd river, 507, 519,538
' .Over Lookout Mountain, 587, 60S. 625, 640, 644
RULES OF SENATE.
Rules of last session adopted, • 6, 7
Appended to the Journal, 677, 705
INDEX.
it
s. .
SAVANNAH.
To amend acts relative to, 71 cq
SENATORIAL DISTRICT. ' '
To reorganize, 174, 196, 255, 335, 339, 34V, 350,
371, 382, 402
SENATUS ACADEM1CUS.
Meeting of, 5(5
SECRETARY OF STATE.
George W. Harrison, elected, 70
SECRETARY OF SENATE.
Luther J. Glenn, elected, 5
A. H. Colquitt, Assistant, 5, 40
Extra Cleiks allowed, 40
SECRETARIES AND EX. DEPART.
Number limited, 138, 157, 240
SHERIFFS.
To reduce Sheriff's bond in Dade, 41, 44, 46
" " " 44 " Cherokee, 43,47, 54
" " Telfair, 160, 211, 304
" " Franklin, 161, 211, 263
44 44 4< " 44 Habers'm,262,270,333
" 44 44 46 44 Liberty, 304
44 44 44 44 44 Hall, 333
In Chatham, 164, 211, 302
To prohibit their purchas'g at sates, 47$, 488,542,578
44 , 44 44 holding the office of Con¬
stable, ~ . 507,519,549
SINKING FUND. '
For the payment of the public debt, 506, 520, 546
SISTERS OF MERCY.
Savannah Institute, 96, 105, 106, 110
SLAVES. .
Com. to report on laws relating to their .
introduction into the State, 44
To repeal all laws lespecting their intro¬
duction, • 93, 101, 191, 212
To prevent religious assemblages of, in
Putnam, ^ _ 263, 270, 584
To provide for their punishment in certain
CaSes 294, 302,331,353, 408
Runaways, 555, 567, 640
Trials of, &c., 553' 567, 570
Testimony pf, 6^9, 645, 648
SLANDER. ' ' rT^
To orotect the character of Female against, -
P - . 478,487, o33.
SPIRITUOUS LIQUORS.
License and retail, 269, 292,353, 362
;i'r ' iNrfii* //
SOLI 'ITORS GENERiliL ' ,
4 T.l:,tl M. 'J. ifiwc \\ eletUd for Goweta Circuit, * -69
^ .L'iia^lcrij G.fA -mi* * *< Southern " 71
i -i,u\>ie their .tcs, ■* • ^ 1 k 20^,220
4t; J!&£-s£de in JudlfcaaJ Circuit,4209, 221, 301, 244
* * ° If: t IGmpen'sate them for certain services,417,447,429
SONS OF TEMPERANCE. s 4 -
To incorporate, " 119, 136, 1S2, 234
STATE, STATISTICS. i*4 ' ' J /
1/ Committee*on, J' f ,f fr i i> *. ' 83,95
STATE PRINTER. - .
t Samuel J. Ray, elected JJ" ' u i IE . . 70
. STEEL, JOHN 0. m;j v
.) Thanks voted, ' 700
STEAMBOAT COMPANIES. >' ■ •. »t -
[1 iCoosa River, 1 11 1 77, 93, < B
Union, 78, 93, 95
t. Hancock, ' ' 1 • ' » 210,' 22R 241
STATE,'TREASURER. - " *
W. F.„ 1 msley; elected; " ' 70
To relund'montey paid for fracfns, . 38, 43, 45, 100
« «,/ j «T. « « grants, 47,53,62,104
- ' " '" " fract'ns, 478,487, 533
SUPREME COURT. .
f " }Tc-cvht)lish costs* A» , 71, 80, 81, 103i 176, 186
, J" r ,*f efauJive mite vfholjd 71,80, 109, 125, 126,
U 11 I " 172, 187, aPr, 232, 294
4 „ <,, To reports of decisions, " 9>, 0 ►, H i5t 122,171
, At Cassville and Gainesville, 187, PJo, 2l 1, 252, 655
JTc^Ourtail theTlabor ofth^ Clerk,; 1, 656, 672, 691
SURVEYOR GENERAL.
Jumt* R. Butts, elected, j . ■ 69
Allowed an extra Clerk, 372,4J0, '4 i3
Recordingrof plajts,. * " Vwi.ot <'520,' 536, 551
SURETIES. '• 3' '.A J f-i m 7 1
Liabilities of, 1 i * f » i 587,6^8,625
* * fr r f " * T _f el
TAXES. ' v v - 0/ mm rj , i, '11 d • t ■
$ ,, Relative to the payment of poll, • < u 1 78, 95, 401
Exempting" Colleges,V 1 ; "'m 'j * m f I .0 83, 94, 9s
(?„p Amending act of 1834, , 113; 137,191
' /,In Elbert, , . . j 164,1
,7 , f TtyEotsyth, , r , 175, 196, 3 L)
i' * Arji Crawford, extra, ,.<< .y, .312,374 384
InRwin, 347,376? 387,421, 4^T, 431
In L<fwndci,.u t rj j r- i. * » 355, »76, 388
%j S„ r7f fa Bei er, extra, 4 in;, 435, 446
In ScrLen, J r t I , r 449,461, 470
•tnGiynn, . •. ,468
j Cass, extra, f 554,566,574