JOURNAL
OP THE
ROUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA,
AT THE
ANNUAL SESSION
OP THE
GENERAL ASSEMBLY,
COMMENCED AT MILLEDGEVILLE,
November 2d, 1859.
BOUGHTON, NISBET & BARNES, STATE PRINTER,
Miixedgeville, Georgia, 1859.
JOURNAL
01? THE
HOUSE OF REPRESENTATIYES
OF THE
STATE OF GEORGIA.
WEDNESDAY, NOVEMBER 2d, 1859.
At a session of the General Assembly of Georgia, begun
and holden at the State House, in the City of Milledgeville,
in the county of Baldwin, on the second day of November in
the year of our Lord eighteen hundred and fifty-nine, and of
the sovereignty and independence of the United States the
eighty-fourth, on motion of Mr. Cook of Early, Mr. Williams
of Muscogee, was called to the Chair, for the purpose of or¬
ganizing the House.
The Clerk proceeded to call the roll and the following
members elect, from the several counties hereafter mention¬
ed, produced their credentials, and having taken the oath pre¬
scribed by the Constitution of this State, and to support the
Constitution of the United States, before the Hon. Thomas
W. Thomas, one of the Judges of the Superior Courts of this
State, took their seats, to-wit:
From the county of Appling, the Hon. Middleton Gra¬
ham.
From the county of Baker, the Hon. John W. Solomons.
From the county of Baldwin, the Hon. Robert A. Mc-
Comb.
4
JOURNAL OF TlrlE HOUSE,
From the comity of Banks, the Hon. Robert Allan.
From the county of Berrien, the Hon. J. J. Nobles.
From the county of Bibb, the Hon's. A. M. Lockett and
Clifford Anderson.
From the county of Brooks, the Hon. J.'T. Edmondson.
From the county of Bryan, the Hon. A. H. Smith.
From the county of Bulloch, the Hon. John Goodman.
From the county of Burke, the Hon's. John A. Rozier
and Richard A. Heath.
From the county of Butts, the Hon. James W. Harkness.
From the county of Calhoun, the Hon. Chas. R. Knowles.
From the county of Campbell, the Hon. Robert J. Tug-
gle.
From the county of Camden, the Hon. J. J. Dufour.
From the county of Cass, the Hon's. M. A. Harden, and
Thomas J. Wofford.
From the county of Charlton, the Hon. A. N. Hogans.
From the county of Chattahoochee, the Hon. James
Whittle.
From the county of Chatham, the Hon's. Julien Hart-
ridge and John Screven.
From the county of Cherokee, the Hon's. William W. W.
Fleming and W. W. Worley.
From the county of Clarke, the Hon's. W. G. Deloney
and E. P. Lumpkin.
From the county of Clayton, the Hon. Elijah Glass.
From the county of Clay, the Hon. F. T. Cullens.
From the county of Clinch, the Hon, John Williams.
From the county of Cobb, the Hon's. N. B. Green and
George N. Lester.
From the county of Coffee, the Hon. James R. Smith.
From the county of Columbia, the Hon's. Colvard and J.
R. Wilson.
From the county of Colquitt, the Hon. Henry Gay.
From the county of Coweta* the Hon's. J. J. McClenden.
and Elijah Martin.
From the county of Crawford, the Hon. Leroy W. Hicks.
From the county of Carroll, the Hon's. W. F. Johnson
and R. L. Richards.
From the county of Catoosa, the Hon. H. J. Sprayberry.
From the county of Chattooga, the Hon. John PI. Echols.
.From the county of Dade, the Hon. Robert H. Tatum.
From the county of Dawson, the Hon. John Hockenhull.
Prom the county of Decatur, the Hon. Robert R. Terrell.
From the county of DeKalb, the Hon. John G. Ragsdale
From the county of Dougherty, the Hon. R. N. Ely.
From the county of Dooly, the Hon. James 0. Farnell.
From the connty of Early, the Hon. W. C. Cook.
From the county of Echols, the Hon. Fuilford Register.
Fyom the county of Effingham, the Hon. Lewis Groven-
stein.
WEDNESDAY, NOVEMBER 2d" 1859. 5
From the county of Elbert, the Hon. Darkin L. Clark.
From the county of Emanuel, the Hon. Owen McGat.
From the county of Fafmin, the Hon. James Parks. «
From the county of Fayette, the Hon. H. F. Underwood.
From the county of Floyd, the Hon's. Thomas W. Alex¬
ander and J. W. Turner.
From the county of Forsyth, thfr Hon's. S. P. David and
A. Bruton.
From the county of Franklin, the Hon. J. R. Earl.
From the county of Fulton, the Hon. J. J. Trasher.
From the county of Gilmer, the Hon. Ebenezer Fain.
From the county of Glasscock, the Hon. Allen Kelly.
From the county of Greene, the Hon's. |R. L. Mc"\\£horter
and Miles W. Lewis.
From the county of Gwinnett, the Hon's. Nathaniel
Reeder and B. H. Blakey.
From the county of Glynn, the John L. Harris.
From th£ county of Gordon, the Hon's. William P. Fain
and John Baugh.
From the county of Habersham, the Hon. George W.
Keeling.
From the county of Hall, the Hon. William P. Smith.
From the county of Hancock, the Hon's. David W. Lewis
and W. H. Brantley.
From the county of Haralson, the Hon. W. W. Sock-
well.
From the county of Hart, the Hon. Jefferson Holland.
From the county of Henry, the Hon's. Benjamin L. Har¬
per and Andrew Henderson.
From the county of Houston, the Hon's. Wm. J. Green
and Wm. R. Brown.
From the county of Harris, the Hon's. E. Mullins and R.
Kennon.
From the county of Heard, the Hon. James B. Ware.
From the the county of Irwin, the Hon. Geol'ge W. N.
Young.
From the county of Jackson, the Hon's M. M. Mintz and
R. J. Daniel.
From the county of Jasper, the Hon. John C. Key.
From the county of Jefferson, the Hon. John W. Brin-
son.
From the county of Johnson, the Hon. James M. Tapley.
From the county of Jones, the Hon. Benjamin F. Fin¬
ney.
From the county of Laurens, the Hon. Charlmes L.
Holmes.
From the county of Lee, the Hon. Isaac P. Cock. _
From the county of Liberty, the Hon. B. P. IPerrington.
From the county of Lincoln, the Hon. J. W, Barksdale.
From the county of Lowndes, the Hon. William Howell.
6 JOURNAL OP THE HOUSE,
From the county of Lumpkin, the Hon's. Mathews Mc¬
Donald and J. M.Mays. *
JFrom the county of Madison, * the Hon. Willis Strick¬
land.
From the county of Macon, the Hon. Arthur M. Pitts.
From the county of Mcintosh, the Hon. 0. 0. Hopkins.
From the county of Merriwether, the Hons. Walter Ector
and James A Render.
From the county of Milton, the Hon. H. W. Howell.
From the county of Monroe, the Hon's. Thomas R. Little
and Wm. M. Clarke.
From the county of Morgan, the Hon. Isham Fannin.
From the county of Muscogee, the Hon's. Charles J. Wil¬
liams and Robert E. Dixon.
From the county of Montgomery, the Hon. Mathew
Sharpe.
From the county of Miller, the Hon. Benjamin D. Joiner.
From the county of Murray,'the Hon. J. D. *W. McDon¬
ald.
From the county of Marion, the Hon. Martin L. Bivins.
From the county of Mitchell, the Hon- A. H. Jones.
From the county of Newton, the Hon's. Joseph A. Stew¬
art and Robert J. Henderson.
From the county of Oglethorpe, the Hon's. John T. Lof¬
ton and John Eberhart. «
From the county of Paulding, the Hon. William E. Mc-
Ever.
From the county of Pickens, the Hon. John E. Price.
From the county of Pearce, the Hon. James Sweat.
From the county of Pike, the Hon. John H. Mitchell.
From the county of Polk, the Hon. William M. Hutchins.
From the county of Pulaski, the Hon. Richard F. Dela-
mar.
From the county of Putnam, the Hon's. Wm. M. Vaughn
andlrby H. Seott.
From the county of Quitman, the Hon. R. G. Morris.
From the county of Rabun, the Hon. Lewis N. Jones.
From the county of Randolph, the Hon's. Henry L. Tay¬
lor and Thomas Coleman.
From the county of Richmond, the Hon. William Gib¬
son.
From the county of Schley, the Hon. Mark A. Perry.
From the county of Paulding, the Hon. Wiley Patrick.
From the county of Stewart, the Hon's. Samuel B. Wal¬
ton and Mark Holloman. •
From the county of Sumter, the Hon's. Adam R. Brown
and George R. Harper.
Fiom the county of Scriven, the Hon. Benjamin L, Pres-
cott. J
WEDNESDAY, NOVEMBER 2d, 1859. 7
From the; county of Talbot, the Hon's. J. B. McCrary
and Thomas R. Lumsdell.
From the county of Taliaferro, the Hon. W. F. Holden.
From the county of Tatnall, the Hon. Samuel Brewton.
From the county of Taylor, the Hon. Jeremiah McCants.
From the county of Telfair, the Hon. MalcomN. McRea.
From the county of Terrell, the Hon. John B. Yanover.
From the county of Thomas, the Hon. J. H. Whaley.
From the county of Towns, the Hon. Sumner J. Smith.
From the county of Troup, the Hon's. A.*P. Fannin and
A. P. Norwood.
From the county of Twiggs, the Hon. H. T. Smith.
From the county of Union, the Hon. John S. Fain.
From the county of Upson, the Hon. W. G. Horsley.
From the county of Walton, the Hon's. B. F. Selman and
George J. Hurst.
From the county of Warren, the Hon's. Wm. H. Pilcher
and C. Gibson-
From the county of Ware, the Hon. John B. Cason.
From the cotinty of Whitfield, the Hon. Chas. E.Broyles.
. From the county of Wilcox, the Hon. N. G. Forner.
From the county of Wilkes, the Hon's. Isiah T. Irvim
and G. W. Sims.
From the county of Wilkinson, the Hon. T. R. Conley.
From the county of Washington, the Hon. J. I. Irwin.
From the county of Worth, the Hon. Daniel Henderson.
From the county of Wayne, theHon. Welly Knox.
From the county of Walker, the Hon. Charles C.Patton.
From the county of Webster, the Hon. L. B. Causey.
From the county of White, the Hon. James West.
On motion *of Mr. Tatum of the county of Dade, the
House proceeded to the election of Speaker. The ballots
being received and examined, it appeared that the Hon.
Isiah T. Irvin of the county of Wilkes, was duly elected ;
whereupon, on motion of Mr. McWhorter of Greene a com¬
mittee of five consisting of Messrs. McWhorter, Broyles,
Ely McCombs and Lumsdell, was appointed to inform him
of his election and request his acceptance of the same.
The Committee having performed the duties assigned
them, reported the acceptance of the same of the Speaker,
who heing conducted to the Chair, tendered his acknow¬
ledgments to the House and entere4 upon the duties of his
office.
On motion of Mr. Cook cf Early, the House proceeded to
the election of a Clerk, on counting out the ballots, it ap¬
peared that James J. Diamond of the county of Dekalb,
had received a majority of all the .votes cast and was thejre-
tfore duly elected and qualified as such.
The House then proceeded on motion, to the election of a
8 JOURNAL OF THE HOUSE,
Messenger. The votes being received and examined, it ap¬
peared that Jesse Oslin, Esq., of the. county of Cobb, was
duly elected to that office.
The House then on motion of Mr. McWhorter of Greene,
adjourned until 2£ o'clock, P. M.
The House met pursuant to adjournment and on motion
proceeded to the election of a Door Keeper, the ballots be- •
ing received and counted out, it appeared that William Ad-
kins of the county of Oglethorpe was duly elected.
On motion of Mr. Cook *of Early, "the House adjourned
until 10 o'clock, A. M., to-morrow.
THUKSDAY, NOVEMBER 3d, 18-59.
The House met pursuant to adjournment.
The following message was received from the Senate by
Mr. Wfest their Secretary.
Mr. Speuker:—I am directed by the Senate to inform the
House of Representatives that they are organized, having
made choice of Hon. T. L. Guerry, Senator from the county
of Quitman, as their President and Fred. H. West of the
county of Lee, as their Secretary and are now ready to pro¬
ceed to business.
They have also appointed Messrs. Cone, Miller, and Har¬
ris of Worth, as a Committee to join such Committee as may
be appointed by the House of Representatives to wait upon
His Excellency, the Governor, and inform him that both
Houses are now organized and ready to receive*any com¬
munication he may desire to make to this General Assem-
bly.
Mr. Tatum, of Dade, offered the following resolution,
which was adopted, to-wit:
Resolved\ That the rules of the last House of Representa¬
tives be adopted by this body, and that one hundred and
eighty copies of the sanle be printed-for the use of the House.
Mr. Williams, of Muscogee, offered the following resolu¬
tion which was agreed to, to-wit :
Resolved, That the usual courtesy of this body be extend¬
ed to tli,e Press of this State, in providing seats for Editors
and Reporters upon the floor of the House.
Mr*Smith, of Towns, offered the following Resolution,
which was agreed to, to-wit:
Resolved, That the Clerk be directed to inform the Senate
that the House has elected the Hon. I. T. Irwin, of the
THURSDAY, NOVEMBER 3d, 1859.
9
county of Wilkes, as tlieir Speaker, James J. Diamond, Esq.
of the county of DeKalb, as their Clerk, and that they are
ready to proceed to business*
Mr, Lester, of Cobb, offered the following resolution which
was also agreed to, to-wit :
Resolved, That a Committee of five be appointed by the
House to join the Committee on the part of the Senate, to
wait upon His Excellency, the Governor, and inform him
* that both branches of the General Assembly are now or¬
ganized and ready to receive any communication which he
may desire to make.
Mr. Gibson, of Richmond, offered the following preamble
and resolutions which, on motion, were taken up, read, and
agreed to, to-wit:
Whereas, The late attempt at Harper's Ferry, in the State
of Virginia, to excite a portion of the slaves of the South to
insurrection has produced the highest degree of indignation
in the jninds of the Southern people against the perpetra¬
tors of that outrage, their aiders and abettors, and affords
just ground to apprehend a renewal of their efforts in other
places; and, whereas the action of Governor Wise and Pres¬
ident Buchanan, meets with our unqualified approbation, we
deem it nicumbent upon the members of the Legislature of
the State of Georgia, to give the most authoritative expres-.
siou of their sentiments; therefore,
Resolved, That we regard the effort to excite the slaves of
the South to a servile insurrection with the most intense in¬
dignation, and trust that the parties to this insane and trea¬
sonable plot, may meet with the most prompt and signal
punishment; believing as we do, that while it will be mete-
ing out a just retribution for their crime, it will exert a
wholesome influence in detering others from countenancing
similar movements.
Resolved, That the prompt and energetic action of Gov¬
ernor Wise, of Virginia, and of President Buchanan in Sup¬
pressing the outbreak at Harper's Ferry, and in their efforts
to capture the insurgents, evince a degree of manliness anjd
patriotism honorable alike to thorn and worthy of our warm
admiration.
Resolved, That we pledge the State of Georgia to uphold
and support the State of Virginia and the President of the
United States in the position they have assumed in connec¬
tion with this unfortunate affair and we earnestly counsel
the utmost vigilance in guarding against the recurrence of a
similar conspiracy in our own borders or elsewhere South.
Resolved, That a copy of the foregoging preamble and
resolutions be transmitted by the Governor of the State of
Georgia to the Governor and Legislature of Virginia and to
the President of the United States.
10 JOURNAL OF THE HOUSE,
The same was ordered to be transmitted to the Senate
without delay. „ .
On motion of Mr. Smith, of Towns, the Hon. Havicl VV.
Lewis, of the county of Hancock, was unanimously chosen
speaker, pro tern. _ ,
Leave of abscence was granted Mr. Gibson for a lew days
on special business.
Mr. Lester, of Cobb, 'from the joint Committee 01the
General Assembly, appointed to inform the Governor of the-
'organization of the same and that they were ready to receive
any communication he might desire to make, reported the
discharge of their duties and that the Governor would com¬
municate his message in a few minutes.
The following Message was received from His Excellency,
the Governor, by Mr. Williams, his Secretary.
Mr. Speaker:—I am directed by His Excellent
ernor, to deliver to the House of Represents
al Message and accompanping dr
On motion of Mr. Smith, of
ken up and read as follows :
GOVERNOR'S MESSAGE.
Fellow-Citizens of the Senate and
House of Representatives:
In the seventeenth- Section of the first Article of the Con"
stitntion of this State, it is declared that " every hill shall
be read three times, and on three separate days, in each
branch of the General Assembly, before it shall pass, unless
in case of actual invasion or insurrectionand in the same
section it is further declared, that " all Acts shall be signed
by the President in the Senate and the Speaker in the House
of Representatives."
Bills Lost, which were not Engrossed and Enrolled.
On the day" of the adjournment of the Legislature, at its
last session, so large a number of bills passed both Houses
that it was not possible for the Engrossing and Enrolling
Clerks to copy and prepare all for the signatures of the
President of the Senate and the Speaker of the House, be¬
fore the hour of adjournment. Consequently, all bills in
this condition were lost. Had they been enrolled after the
Legislature had adjourned, they could not then have been
signed by the President in the Senate nor by the Speaker
in the House of Representatives.
Not Signed by Presiding Officers.
A number of other Bills which had been properly en-*
rolled and* prepared for signature, but which, by some over¬
sight in the hurry of business, had not been signed by eith¬
er one or the other of those officers, were brought to the
Executive Office, about the time of adjournment; and find¬
ing, on examination, after the Houses had adjourned, that the
constitutional provision above mentioned had not been com¬
plied with, I withheld my signature from them, believing
that it could not then give them the force of law. These
Bills are herewith returned to the respective Houses in
which they originated. It is believed that many of them
12 JOURNAL OF THE HOUSE,
were never read a second time, on any previous day of e
session, but that, when they came up in their order ore
second reading, the captions or titles only, and not the ,
tire Bills, were read. The Constitution is imperative thai
not only the title, but the Bill, shall be read, as well on x
second as on the first or third reading. If any_ one re g
may be dispensed with, all may} and the Bill, no ma
how important, may be passed upon three readings o is
tie only, while its provisions are unknown to many o e
members of each House.
Hasty and Inconsiderate Legislation Condemned.
The numerous examples of hasty and inconsiderate legis¬
lation, which we so often witness, are becoming a source of
great detriment to the State, and should be discouraged by
all prudent legislators. One of the great evils of the age
is, that we legislate too much. As a general rule, the fail¬
ure of a Bill that has merit in it is less to be regretted than
the passage of a bad law. Wholesome rules of law with which
the people have become familiar, should not be changed,
unless for good cause, after very mature deliberation. A
failure on the part of the Legislature to observe this rule,
has involved our laws in much uncertainty, and has often
kept the people in ignorance of their true meaning. Our
legislators have frequently given too little attention to their
duties during the earlier part of the session, and have left
the greater part of the business of the session to he trans¬
acted within the last few days before adjournment. Hence,
their inability to give to each important measure, brought
before them at the close of the session, the attention and
deliberation necessary to its proper disposition. The con-
Sequence has been, that we have had much inconsistent ami
unwise legislation. If we would learn wisdom by experi¬
ence, we might do much to correct this evil in future. I
feel it my duty to use all the influence and power of my po¬
sition to that end. I shall not, therefore, hesitate to lay
aside and withhold my sanction from all such bills passed in
the hurry and confusion which usually precede an adjourn¬
ment, as fail to command the approbation of my judgment,
together with all such as have not been plainly and cor¬
rectly enrolled and signed by the proper officers.
Trivial, Local, Individual and Class Legislation.
I would further suggest the propriety of dispensing with
a great deal of the trivial, local, private and class legislation
which is introduced into almost every General Assembly,
much of which is useless because it benefits 110 one, and
much of it is unjust and mischievous, because it benefits a few
individuals at the expense of the many. Let it be remem
bered, that each useless local Act introduced and passed cum¬
bers the Journals and the pamphlet of Acts, and that the
THURSDAY, NQVEMBER 3p, 1859.
13
State pays out of money raised from tiie people by taxation,
for printing 4,000 copies of the Journals of each House and
5,000 copies of the Act itself, and that one day spent by the
General Assembly in, the passage of such Acts costs the
State over $2,500 00, in pay of members, pfficers and other
expenses. A proper and just regard for. economy demands
reformation in this particular. The same objections that
are applicable to triyial and local legislation, apply to much
of our private or individual and class legislation, with many
other objections on account of its injustice and inequality.
It would, in my opinion, be much better for the Legislature,
with few exception^, to lay down general rules of law, and
let all alike regulate their conduct by them.
Exercise op the Veto Power.
Entertaining these views, I have, during my term in of¬
fice, frequently withheld my sanction from bills of the char¬
acter above described. In so doing, I do not consider that
1 have been wanting in respect for the General Assembly.
The Constitution has assigned to the Governor, as well as
to the General Assembly, official powers and duties, and the
people should hold him responsible for the independent ex¬
ercise of his official powers, as well as the faithful discharge
of his official duties. Neither House of the General As¬
sembly feels that it is wanting in respect for the other when
it refuses to pass a Bill which it does not approve, though
it may have been passed by the other. The, Constitution
declares that the Governor " shall have the revision of all
Bills passed by both Houses, before the same shall become
laws;" and it only gives to the General Assembly power
tp pass laws, " notwithstanding his dissent," by two-thirds
of both Houses.
If the Governor, therefore, out of respect for .the t\yo
Houses, signs a Bill which his judgment does not approve,
he denies to the people the exercise of that Executive revi¬
sion, which, under the Constitution, they have a right to de¬
mand, as a protection against hasty or unwise legislation.
New Counties.
I beg leave to call the attention of the General Assembly
to our new county legislation. There may have existed a
necessity, a few years since, for the creation of several new
counties. Some of the old ones, which were laid out when
the population was very sparse, were found to be too large
for convenience when they became more densely settled,
and legislative interference became necessary. Since the
precedent of forming new Counties has'been established, it
is believed it has already been followed further than the
public interest may have required. Bills, for the organisa¬
tion of new counties covering small strips of territory, are
14
JOURNAL OF THE HOUSE,
now passed, which, ten years since, would have met with
no favbr in the Legislature. . 4
The number of applications for new counties increases
in a ratio almo'st double that of the number made at each
session. We now have 132 counties in the State, lhe
whole amount of tax paid into the State Treasury by eac
of a considerable number of our counties, is zm, by several
hundred dollars, than the amount drawn by each of them
from the Treasury in payment of its members, and for other
usual and necessary purposes. This deficiency of several
hundred dollars must, therefore, be made up to each out of
tax paid by others- I recommend in future, as a general
rule, to which I think there should be few, if any, excep¬
tions, that no new county be formed which does not embrace
within its limits a territory at least as large as the average
size of the present counties, without reducing the old coun¬
ties from which it is taken, each to a less area than that
proposed for the new county; and that no such Act be
passed until the Legislature is satisfied that the State tax to
be paid by the proposed new county, when formed, will be
at feast sufficient to reimburse the State for all moneys which
she will be compelled to pay from her Treasury on account
of its formation; and that each county from which territory
shall have been taken to form the new one, will be left with
the like ability.
Reduction of the Number of Senators and Repre¬
sentatives.
The further fact that the number of Senators and Rep¬
resentatives is increasing with the increase of the num¬
ber of new counties, is, to my mind, another reason why
few if any other new counties should be formed. Our leg¬
islative Assembly is already much too large, expensive and
unwieldy. A Senate composed of one hundred and thirty-
two members differs but little from a House of Representa¬
tives, except in name. It is almost impossible for so
large a body to maintain that calm and dignified decorum,
and to act with that coolness, deliberation and caution,
which are indispensable to the proper discharge of the high
functions of a wise and grave Senate; wThich, when properly
organised, is justly looked to as one of the strongest bul¬
warks of liberty in a republican government.
I would, therefore, most respectfully but earnestly ur°-e
lipoit your consideration, the importance of an early change
of the Constitution, so as to reduce the number of Senators
and Representatives. I would suggest that the Senate be
reduced to thirty-three members, which would be an aver¬
age of one for every four counties; and the House of Rep¬
resentatives to one hundred and fifty-two members, which
would be jtwo to each of twenty counties having the high-
THURSDAY, NOVEMBER 3d, 1859. 15
est representative population* and one to each of the re¬
maining counties. Each of these bodies would then be
quite large enough for the proper discharge of all its con¬
stitutional functions. Each county would have a dis¬
tinct an.d separate voice in the House of Representatives,
the twenty strongest having each two Representatives. The
adaption of this suggestion would reduce the present num¬
ber of Senators and Representatives, from three hundred
and one, to one hundred and eighty-five, being a reduction
of one hundred and sixteen. Upon the score of just econ¬
omy, this reduction should be made, if the efficiency and
wisdom of the General Assembly will be nothing impaired
by it. Let us look at the question for a moment, in this
light. Should the example of the last General Assembly,
the members of which voted themselves each six dollars per
day, be followed as a precedent, (the propriety of which
has been doubted,) these one hundred and sixteen Senators
and Representatives will, in future, draw from the Treasury
six hundred and ninety-six dollars per day, during the Session.
If the session continue but forty .days, this will amount
to $27,840 00 each session. ToHhis add $31 00 to each,
which is about the average mileage of a member, and the
mileage of the one hundred and sixteen would amount to
$3,596 00; which, adde'd to the per diem pay as above
fixed, makes a total of $31,436 00, thereby saving to the
State, should the proposed reduction be made, that sum,
each session of forty days; should the session be longer, the
sum will be greater. But it is believed, now that the ses¬
sions are annual, that the people do not expect them to be
protracted beyond forty days, and that no sufficient reason
exists for so doing, as all the necessary business, with dili¬
gent attention during the earlier part of the session, mey
be dispatched within that time. The above sum is now
raised annually by taxation from the people, and is, in my
opinion, expended in a manner worse than useless—as the
General Assembly, under its present organization, is be¬
lieved to be a less safe and efficient body than it would be
if organized upon the plan above proposed. For the pur¬
pose of ascertaining the sense of the people directly upon
this subject, I recommend that a law be passed by the pres¬
ent Legislature, authorizing the call of a convention of the
people, to take into consideration the propriety of the pro¬
posed Change, or such, other change as will accomplish the
object, together with other necessary alterations of the
Constitution. Should a reasonable reduction- be made, the
saving of expense at a single session of the Legislative
would nearly pay the expenses of the convention. The
Legislature, as at present organized, including per diem and
mileage of members, clerk hire, &c., costs the State about
$2,520 00 for every day it is in session.
JOURNAL OF THE HOUSE,
Pay of Clerks axd Per Djem of Members Should be
Fixed Ry Law.
_ In this connection, I will remark that the item of cleik
hire, alone, has frequently been most exorbitant and un¬
reasonable. It is believed that much of this unnecessary
expense has resulted fro pi the practice too often adopted
by the Chief Clerk and Secretary, of employing a large
number of supernumeraries. During the session of 1853,
and 1854, the clerk hire in the House of Representatives
amounted to $24,410, and in the Senate to $7,346. Since
then, a law has been passed, limiting the number of clerks
to be employed; and I recommend a further enactment,
fixing the pay of each clerk, except two enrolling clerks, at
$4 00 per day, and the enrolling clerks each at $5 00 per
day. There would be no difficulty in obtaining the services
of any number of clerks needed, at these prices, who are quite
as competent as those heretofore employed at suj and seven
dollars per day. The ^Secretary of the Senate and Clerk of
the House of Representatives, during the last session of the
Legislature, (which lasted tmly thirty-nine days,) received
each seven dollars per day, and an additional sum of five
hundred dollars, appropriated to each. This appropriation
and per diem together amounted to nineteen dollars and
ninety-seven cents, each, per day, besides all the contingent
expenses incident to the office of each, which were also paid
out 'of the Treasury. Neither of these officers had, I think,
five days of official labor to perform after the adjournment
of the Legislature.
1 recommend that the compensation of each of these of¬
ficers, be fixed by law; and I would suggest that the
actual contingent expenses of the office of each be paid,
and that each receive not exceeding ten dollars per day for
the time he is engaged in the duties of his office, without
further appropriation. I am satsified that it would also be bet¬
ter to fix the per diem of the members of the Legislature by
law, than to leave it, as heretofore, to be determined by
themselves at each session.
On account of the lateness of the hour in the session when
the bill appropriating money for the support of the gov¬
ernment, is usually passed and presented to the Governor
for his sanction, he is sometimes left to the alternative of
giving it his sanction when it contains items of appropria¬
tion, which are, in his judgment, unnecessary and exorbit-
aut, and which he does not approve; or, of vetoing it and
Calling anexfra session of the legislature to pass an& appro¬
priation bill without those items j which would cost a much
larger sum than the amount contained in the parts of the
bill to which he objects.
THURSDAY, NOVEMBER ^ 1859. 1?'
If the compensation of the members ah/f of all offihets 6f'%
every character connected with the body,, were fixi
ed by law, much of this embarrassment woitld be avoided;
any proposed ch,angq would then be brought up in a separate
bill and acfed upon with reference to its individual merits
Indeed, propriety would seem to dictate that no appropria¬
tion of doubtful expediency, should be fastened upon the
regular appropriation bill, the legitimate object of which i&
duly to appropriate the several sums of money Which ard
knoxyii to<be necessary to support the government. All oth¬
er proposed appropriations should be noted upon separately*
leaving each to stand or fall on its own merits.
Change of the Constitution.
In accordance with my recommendation, a bill passed
each branch of the General Assembly, at its last session, by
a-constitutional majority, entitled, "An Act to change the
1st Section of tire 3d article of tlie Constitution, of this
State." The object of the proposed amendment is, to au-
horizb a change of venue, in tpe trial of criminal eases,
when, in the opinion of the presiding Judge, the ends of
justice may require it; so that a defendant indicted for
murder or other crime, in one county, may, if the Judge
deems it necessary to the ends of justice!, be transferred to,
and tried in another count)'" adjoining the one in which the1
crime is charged to have been committed. The hill was
properly enrolled, and was signed by the Speaker of the
House of Representatives, but was not signed by the Presi¬
dent of the Senate. As the Cohstitution requires that a bill
of this character shall pass two successive legislatures, each
by a two-third majority, before it shall become' a part of the
Constitution, and as a diversity of opinion stems to exist
among members of the Legal profession, as to the necessity of
the signatures of the presiding officers of the Legislature du¬
ring the Session at which the bill was first passed, I thought
it advisable to publish the bill, as required by the Constitu¬
tion, (which has been done.,) and to submit it, with thefaets,
for your consideration. I deem the proposed change of the
Constitution an important one, for the reasons given in my
last Annual Message.
Amendment op the Penal Code.
While on the subject of criminal law, I desire to call the
attention pf the legislature to other changes, which I deem
important. "When a defendant, under the present law js con¬
victed of a crime, the punishment of which is. death or peni
tentiary imprisonment, and the case is carried to the Su¬
preme Court and the judgment of the Court below is affirm¬
ed, the defendant, if lie is not out on bail, must remain in
jail, a^charge to the county,, until the next term of the Supe-
2
13 JOTtoAL OF THE HOtTSE,
*
rier Court, which is sometmes nearly months, before he
cap be re-sentenced. To avoid this delay of justice and the
consequent unnecessary expense to the county, m ^uch ca¬
ses, I Wqujd suggest that the law be so change as to a
tliorizefhe Judge of the Superior Court m suchc;as<ss, io
pronounce the sentence, in vacation at Chain eis, p
tion of the Solicitor General without delaying -
•ot the law till the next regular tenn of the Coui w i
lay sometimes enables the guilty to escape, an w c
Almost every case, imposes a heavy tax upon ecoun j.
'By the 18th section ofthe ldthDi virion ot the Penal Code,
it is enacted "that airy person against whom a tyue bill °1 in¬
dictment is found for an offence not affecting Lis or hei nfe,
may demapd a trial at the term whenthe indictment is, found, or
at the next succeeding term thereafter, which demand shall
be placed upon the Minutes ofthe Court, and it such person
shall nbt he tried at the term when the demand is made, or at
the next succeeding term thereafter, Provided, that at both
terms there were juries empannelled anil qualified to try
such prisoner, then he or she shall be absolutely disChaiijcd.
and acquitted of the offence charged in the indictment."
The Supreme Court first held that the defendant mi q lit
make the demand at any term after the finding of the hill of
^indictment. They have since held that the dem. tnd can only he
made at the term when the indictment is found, or at the
next succeeeding Term. If or the purpose of making the law
nlori certain, I recommend that this Section be so amended
as to permit the defendant to make the demand at the Term
when the hill of indictment is fouhd anda statement of
ilie case read in open Court by the Solicitor General, or at
fhe first or second term thereafter, or at the third Term
if the Solicitor fails to read the statement of the case
in open Court at the term when the bill is found, or tt
"notify the defendant or his counsel that the bill has been,
found true by the Grand Jury. And on the other hand,for the
purpose of promoting the ends of justice by securing a
speedy trial of offenders,I recommend such change in the law
as sli a LI compel defendants in criminal cases, to copie to trial,
ht furthest,by the second Term ofthe Court after the Term',
at tvliich the hill of indictment is found, unless further
4i,me be given by the Court on account of very special Pro¬
vidential cause.
Pardoning Power.
During my term in office, I have seldom exercised the
pardoning power. "While I admit that there me rare easesr
as in the case of newly discovered evidence after the convict
tion, which, might reasonably have changed the result, had
it been before the Court on the trial, and a few other cases,
where the power should he exercise J, I do not doubt that
TSUK&DAY, NOVEMBER 3d, 1859, 19
its exqfcisemay bO, and often is, much abused. I have therer
fore thoUght it my duty to exercise if with great caution,
believing that it is far better, as a general rule, for the safe¬
ty and welfare of society, that the decisions of the Courts
gnd juries deliberately made, with all the facts before them,
should not be disturbed. I have no sympathy with that
sickly sentimentality,, which always, forgetful of the inju¬
ries inflicted upon the innocent by the guilty criminal, would
in the name of mercy, turn loose upon the community ev¬
ery felon in whose favor a sympathetic appeal can be made,
I have not only refused the exercise of the pardoning pow¬
er—except in a few very special cases, such aS in my opinion
\yere contemplated by those who formed our Constitution—
but I have also refused to respite defendants in cases of mur¬
der, when, in my opinion, after an examination, of the evi¬
dence, the finding of the jury, and the judgment pronounced
by the Court, were in conformity to law, and the principles
of justice. In such cases my opinion is, that the officers of
the law Should not be hindered in its execution; and I have
not, therefore, suspended the sentence^ nor referred the case
to your consideration. The Constitution does not Say that
tpe Governor, in such cases, shall grant a respite, but only
that he may do it. It is evident, therefore, that it is made
his duty to exercise a sound discretion, in determining wheth¬
er or not the case is proper to be referred to the decision of
the Legislature.
Penitentiary, and State Asylums.
For a "statement of the present condition and manage-
meht of the Penitentiary, the Lunatic Asylum, the Acade¬
my for the Blind, and of the Institution for the Educa¬
tion of the Deaf and Dyinb, I refer you to the respec¬
tive Reports of the persons in charge of those institutions.
General Eli McConnell, Principal Keeper of the Peniten¬
tiary, in his official capacity, by my instruction* took control
'of its repairs and reconstruction, as contemplated by the
act of the last Legislature, which appropriated $30,000 for
that purpose. He is erecting the buildings with convict
labor ; and as each building is completed, the value of its
construction is to be estimated by good mechanics, who are
disinterested., and the sum awarded by them, is to be paid
to him as Principal Keeper for the use of the Penitentiary,
out of the appropriation. The appropriation will not, pro¬
bably, bellufficient to defray the expense of the erection of
$11 necessary buildings for Work-shops, Dining-room, Chap¬
el^ extension of Cellbuildin g, &C. After these shall have
been completed, it is important that the walls he repaired
and parts of them entirely rebuilt. I therefore recommend
an additional appropriation of twenty five thousanddoljars,
to complete the necessary repairs and reconstruction
20
JOURNAL OF THE HOUSE,
W. & A. Railroad-
Foi* information in reference to tlie condition, manage¬
ment and incomefe of the Western and Atlantic Railroad, or
the year ending 80th September last, you.are referred to the
Report of Dr. John W. Lewis, Its very vigilant, efficient and.
worthy Superintendent. I feel that I do bnt an act of Jus¬
tice when X say,that in my opinion,the State has at no tipie
had connected with the Rdad, in apy capacity, a more com¬
petent, trustworthy and valuable public servant. It will be
seen by reference to his Report*, that the sum of $102,000 m
cash has been paid info the State Treasury from the net earn¬
ings of the Road during "the fiscal year ending 30th Sept. last;!
and it will b e seen by the report of the State Treasurer and
Comptroller General, that four hundred and twenty thousand
dollars havebeen paid into the Treasury during the fiscal year
ending 20th Oct, 1859. The old iron on about 25 miles of
the track, has, since 1st. January, 1858, been taken up and
its place supplied with heavy hew rail. The Road-bed and
all the superstructure and machinery are kept in excellent/
order, No new debts are contracted which are not prompt¬
ly paid monthly, if demanded; and no agent appointed or re¬
tained ill office during my administration, is known to be a
defaulter to the amount of a single dollar.
I confess that the alnount paid into the Treasury from the
toad,dpring the past year,has somewhat exceededmy expecta¬
tions. For this I am indebted not only to the Superintendent,
but also to the untiring efforts of the honest, industrious, and
faithful officers and agents associated with him and under Ms
(control.
It has, I .think, been clearly shown within the last two
years that the Rpad owned and controlled by the State is a*
productive piece of property; and with proper management
in future, I feel safe in the prediction that it will remain so,
and chat the incomes from it will continue to increase with
the increase of population, business and wealth in the coun¬
try.
So long as the Road remains under my control, I invite
Strict scrutiny into its management; for I subscribe fully
to the doctrine that it is proper to hold public functionaries
to rigid accountability. And I am willing that judgment be
pronounced upon my official conduct under the application
of this rule.
In the construction of the Road under State man*fe-ement
it is not doubted that there were in mapy instances too lav¬
ish an expenditure of the public, money, and that it cost a
prach larger sum than it should have cost. J am not nre
pared, on that account, however, to admit that any o-ood rea¬
son exists why a gtate may not manage a great public
THURSDAY jSrOY^BEK 3d, 1859.
work of tliis character with as much honesty, economy
and success as a corporation, ho accomplish this object it
is only necessary that the ofhcer having the appointing poll¬
er, Select agents who are competent, honest aild faithful;
glial he laj' down strict rules for the government of their
conduct ; that he give so much of his individual attention
to the work aS will enable hilntoknow whether or not those
rules are violated ; and, in every case where he discovers he
has been deceived in the selection of a proper agent, or
where an agent has palpably violated the rules laid down for
his government, that he hate the moral firmness and nerve^
without regard to personal considerations, to apply the cor¬
rective, by a prompt removal. The observance of those
rules is, in my opinion, a duty of the appointing power,
from which he should never ,shrink. If he performs this
duty he can seldom fail of success.
Regarding it as a matter .of interest, I have endeavored,
at the expense of considerable labor, to ascertain the origi¬
nal cost 'of the State Road; but X find (it impossible, for
the reasons given in the able and very valuable report of Col.
P. Thweutt, Comptroller General, who has also given mucfy
attention to this subject to arrive at a conclusion With entire
accuracy. It is believed that the Report of Mr. Harnett,
tlidn Chief Engineer, made in 1847, of the amount expended
to that time, is about correct. He estimates the whole cost*
to the date of his Report, at $3,305,165 88, Shade that
time there has been appropriated to the construction of the
Road, its equipment, &c, in Cash, and in the bonds of the
State, the sum of $1,136,366 27. Add these sums togeth¬
er, and jve have $4,441,532 15, as the total amount ap¬
propriated by the Legislature, and paid, out of the Staid
Treasury for the construction and equipment of the Road.
This, in my opinion, is a very near approximation to cor¬
rectness.
I am aware that some persons, in accounting for the gross
incomes of the Road since its completion, have charged*
large amounts of these incomes to construction. These sujtnS
were, I think, generally more properly chargeable to repairs^
&c, than to original cobstruetion. As an instance, the Etowah
bridge was burned down some years after the road had been
in operation, and jt became necessary to build a new one.
The cost of this could not properly be chargeable to origi¬
nal construction, but was, I think, properly chargeable to
" repairs on account of casuality.,
A portion of the iron originally laid down on the track
became so much woril as to be unsafe, and it was necessary
to procure and lay'down new iron in its place. The cost
of this also was properly chargeable to repairs and nqt to
original construction, if a Depot building was sufficient,
when the Road "^ras conlpleted, to accommodate gll who
£2 JOURNAL OF THE BLOUSE,
Bad business at the place,, but "which afterwards, on account
of tlie decay of the structure or increase of business at the
location, was found to be insufficient, and it became neces¬
sary to build a new one, its cost could not justly be chaiged
to original construction.
Without multiplying instances of this kind, I conclude that
as sOon as the Legislature had appropriated a sufficient stun
to complete the road, and to place upon it the superstruc¬
ture and machinery necessary to the transaction of the bus¬
iness offered by the country to the road, the original con¬
struction account was at an end, and that all such enlarge¬
ment of buildings, reconstruction of bridges, renewals of
Superstructure, repairs of track, &c, &d, as were afterwards
required for the safety of transportation and travel over the
road, or for the accommodation of increased business,is proper¬
ly chargeable to expense of keeping up the road, and not to
expense of building and putting if into operation. Had the
road remained unproductive to the Treasury for a quarter of
a century, on account of bad crops, casualties from fire or
hood, commercial pressure, bad management, or from any
other cause, it could only have been'evidence that the orig¬
inal investment was an unfortunate one for the time; but
surely the repairs made and all the State's losses during that
time, could nof, in justice to the officers afterwards in
bbarge of the road, be properly chargeable to original cost in
calulating the per cent which the road might afterwarL pay
upon the original investment. Estimating the original cost,
therefore, at $4,441,532 15, the road during the past fiscal
year (ending 20th October last,) has paid into the Treasury
of the State nearly nine and a half per cent upon tfye origi¬
nal investment. And it should not be forgottten in thi^
connection, that it was built at a time when railroading
was not well understood, and that it was built as a public
Work, at a cost greatly more than Would have been expen¬
ded in its construction, even at that time, by a private com-
pany.
_ Had the same economy been used which is usually prac¬
ticed by private companies, the whole cost of the" Road
would not probably have exceeded, if it even had amounted
to $3,000,000.
The sum paid into the Treasury during the past year is
fourteen per cent Upon that spin. In comnariim the" pres¬
ent management of the Road with Company mamme-
meitt, it is certainly just to the present officers who ' did
iiot hullcl it to count tlw per centuppn finch mm only in the
Road should reasonably Mve cost had it been built by a
Company, and not upon such sum as it may have cost b™
der the extravagant system which is sometimes practiced in
the original construction of public works.
TkU^SDAY, NOVEMBER &>, 1859. 23
Georgia Military Institute.
It is to be regretted that the (Georgia Military In¬
stitute at Marietta has not been as prosperous the last
year gis its frichds had anticipated. This may b$
the result chiefly of oitr defective legislation for its
government. As at present organized, it is under the
control and management of a* Superintendent,, a Board
Of Trustees and a Board of Visitors, whose powers,,
respectively, are not well defined. In this conflict of ju¬
risdiction, that decision, and dispatch is wanting which i's
absolutely necessary in maintaining government in the In¬
stitute. Tfle consequence has been that the number of
Cadets is greatly diminished, and the character of the In-r
stitute has suffered in public estimation,
At the end of the last term. Col. A. V. Brumby, the
late able Superintendent,, and Capt. McConnell, late? Com¬
mandant, resigned their respective offices; and Maj* W.
F. Capers, who has for a number of years held a similar
position in our sister State of South Carolina, has been elec¬
ted Superintendent, and Capt. W. J. McGill, of Charleston,
has been elected Commandant. These gentlemen have both-
accepted, and are now at their respective posts, giving, as
far as I can learn, general satisfaction- It is to be hoped
tliaf with the necessary legislation for the government of
the Institute, they may soon be able to restore it in public
confidence and'raise it to a high state of prosperity. Maj.
Capers yielded reluctantly to the call of the' authorities of
the Institute, and only upon the guaranty given by the joint
Board of Trustees and Visitors that his salary should be
made secure. The position which he resigned in Charles¬
ton was paying him as large a salary as he is promised in
this State, and it was there secured by the State. I there-*
fore recommend that the sum of $2,500, be appropriated
j;o pay the salary of the Superintendent, and that this be an
annual appropriation for that purpose till the incomes of the
Institute become sufficient to defray all its expenses and pay
the salaries of all its Professors.
By a joint resolution of the last General Assembly the*
Governor, in connection with the Board of Trustees, was
authorized and empowered, (should they deem it necessary
for the welfare of the Institution,) to employ an additional
Professor for the same. By virtue of this authority the)7*
eugagedtlie services of the Rev. Johh W. Baker; but on
account of the reduction of the number pf Cadets occuf-*
ring sopn alter his appointment, and the consequent dimi¬
nution of the incomes of the Institute, he has not received*
his salary. As he was employed by authority of the legis¬
lature, good faith requires that a sum Sufficient to pay his
miliary fojc the time he lips served} be appropriated.
m JOOTNAL OF Tlifc HOUSE^
M their last i oiix,t meeting, the Board of Trustees and
fiie"Board of Visitors, after much deliberation, agteed upon
a bill to be laid before the legislature, proposing such-
changes in the law for the future government ot the insti¬
tute "as experience has shown to _ be necessary. Among
other things it is proposed to abolish both the old Bom s,
and fo substitute in their place a single Board, to be charg¬
ed with the entire government of the Institute. It is also
proposed to connect the Institute with) and make it part of,
the Military organization of the State, and to give to the
Commander-iil-Ohief, the same control over its officers which
he has oter Other Military officers of the State. This it is be¬
lieved, will Secure more strict military government, which,
is considered indispensably necessary to the Success and use¬
fulness of the Institute. I therefore, respectfully recom¬
mend the passage of tl^e bill proposed by the joint Boards.
Military System—Volunteer Corps.
For the purpose of giving new life and energy to our mil¬
itary system, which is pdw almost entirely neglected, the;
importance 6f affording to a portion of" the youth of our
(State a thorough military education, cannot be too highly
appreciated. The people of many of the States of this Union
are falling behind most of the civilized nations of the earth in
"military training. Within the last twenty years the more
powerful nations of Europe have probably advanced more
in military science and skill, and in all the arts of war, than
they had during any previous century. It is believed
that no one will doubt thfe correctness of this remark who
has observed attentively the late struggles between thg
contending powers in the Crimea and in Italy.
There is not a more brave and patriotic people on earth
than those of the United States; and there is probably no
llation whose militia is so reliable on the field of battle, yet in
this day of constant advancement in Military science, those
who depend Mone upon patriotism and valor enter the field,
even in their own defence,under great disadvantage. Should
otiy cohntry be invaded by any of the great powers of the
other hemisphere, our people would be found at the com¬
mencement ol the struggle to he almost destitute of milita¬
ry training. Until this deficiency could be supplied, they
might be unable to contend with the disciplined troops of a
regular army, without great loss of life and much detri
ment to our national character.
There is probably ho State in the Union, certainly not
ohe of the fold thirteen, m which military frainiim is more
neglected than m ouf own. We know hot how "yon we
limy be brought to the practical test of defending ourselves
agyinSt the assaults ol foreign ambition, or the more unnatu¬
ral attacks oi those who ought to he our brethren, but whose
THURSDAY, XQVEMBEB 3d, 1859., 25
lm aire; sin is prompting tliem tcf a Course which i^ daily
weaken Aug the ties thqt hind uS together as one people.
The father of his country lias admonished us to prepare for
warm time of peace. If we tvohld profit hy his advice it is
necessary that We reorganize our military system. I do Hot
hesitate to bay, that the State should offer every reasonable
jnducCmeHt for the organization and training of volunteer
military corps, as the best and most efficient mode of re¬
viving the military spirit among Our peojple. TJiis cannot
be done until She has made provision for arming such com¬
panies. At present, the only provision for this purpose, is,
the distribution of the small quota of arms which the State
receives annually from the General Goverment, and which
js wholly inadequate to the demand. The consequence is*
that many of our volunteer companies are without arms,
<wbile many others would be Organized were it known that
they could be supplied with suitable arms.
Frequfent applications am made to this Department for
arms with a view to the organization 6f new volunteer com¬
panies ; and when those who apply are informed thafthey
cannot be supplied, all further attempt to organize such com¬
panies are, abandoned.
For the purpose of encouraging the organization (if vol¬
unteer corps, I recommend that all laws now in force re¬
quiring thq performance of military service other than tliaf
jperformed by volunteer corps, be suspended, except in case
of insurrection or invasion? and that a commutation tax
l»e assessed nnd collected, from ea,ch person of twenty One
years of age, or Upwards, who is subject to do military duty
•nl the State-, and who is not a member of tin organized, vol¬
unteer corps which drilled at least once a month throughout
the year, preceding the collection of the tax. This tax
should he large enough to raise a sum sufficient to arm the
entire Volunteer force of the State, with the latest and most
approved style of arms. As soon as a sufficient sum shall be
collected in this way, I recommend, as a means of procuring
the contemplated arms, that it be expended in the erection
at some suitable location in the State? of a State Foundry
for the manufactory of arms and other munitions of war.
This would make the State much more independent in case
of emergency. Ther God of Nature lias supplied its, in rich
profusion, with all the materials necessary to the accom¬
plishment of this purpose.
If ample provision were made for arming ohr volunteers,
tliey would exhibit much military pride; and the yotmg
gentlemen educated at our State Military Institute, would,
in all probability, be elected to the command of many of
the companies, who would bring into practical operation, in
training our militia, the science and skill which they have
at quired #at the Institute. In case of war, wq coiilf thep
% journal qf the house.
■■bring into the field a large force of well trained volun e i s,
/commanded by officers of thorough, military education, w
would, jn almost every case, he natives of our soi.
untrained militia, if called into the field, with such a ore
and "such officers at their head, would at once becorri i
fused with the military spirit, and soon with much o ie
military skill, of the volunteers, and would constitute with
them an .invincible army.
CODIFICAflON OF THE LAWS.
Provision was made by the last General Assembly for the
codification of the laws of this State, mid Hon. H- V. John¬
son, Iverson L. Harris, and David Irwin, were elected Com¬
missioners to perform that important service. The two
former declined to-accept the appointment. The statute
provides that any vacancy which may occur among the Conf-
missioners, shall be filled by the next General Assembly. To
prevent a failure of the commission, and the defeat of the*
object had ir_ view by the Legislature, I proceeded at once-,
in accordance with the power vested in me by the Constitu¬
tion, to fi,ll said vacancies, till the next session of the General
Assembly, by the appointment of Hon. T. R. R. Cohb and
Hon. Richard H. Clark. These gentlemen accepted the ap¬
pointment, and, in connection with Judge Irwin, have been
prosecuting the Work hitherto with great energy.
It is' not doubted that this work, when completed, will
contribute much to systematize and simplify our laws, which
will enable the people much more readily to comprehend
their true meaning. The time allowed the Commissioners
by the statute within which to finish the entire work, is only
twenty months. I think it hardly possible for them to com1,
plete the work within that period, with that care and aeon--
racy which are indispensible to its contemplated usefulness.
I would, therefore, recommend, an extension of the time to
two yfears, and that tlie compensation allowed each Com¬
missioner be fixed at three thousand dollars per annum,
while engaged in the work.
As it" will be proper that a very plain and legible copy of
the entiie code, as finally agreed upon by the Commission¬
ers, should he prepared in manuscript, to be laid before each
House of the General Assembly, and if adopted by them,
that a copy be filed in the office of fhe Secretary of Stare,
as an entire Act, it was considered indispensible that the
Commissioners have a clerk to do this clerical labor I
therefore appointed B. B. deGraffenreid, Esq., of this city
who is eminently qualified, as clerk to the Commissioner*
I recommend that such sum be appropriated to him, annu¬
ally, while engaged in that capacity, as will amply compen¬
sate him tor Ins services. I would also suggest the propri¬
ety of appropriating to each of the Commissioners &uCh
THURSDAY, NOVEMBER 3d, 1S59, £7
portion of his salary as may be reasonable, to be paid at
•inch times, while engaged in the work, as the General As¬
sembly shall designate.
Cobb's Statutes and Forms.
By a joint resolution of the last General Assembly, it
yvas made my duty to appoint three Commissioners to ex¬
amine the manuscript of the proposed new work 6f Hon.
Howell Cobb, of Houston, which is an enlargement and im¬
provement of his Analysis land Forms; and in the event of
h favorable report by the Commissiohers, it was also made
i my duty to subscribe for such number of copies for the State
as should, in my judgment, be necessary. On receiving from
the Commissioners a yery favorable report of the work, I
subscribed, ip behalf of the .State, for 3,000 copies, at five
dollars per copy. For the purpose of facilitating the early
•completion and distribution of the Work among the coun¬
ties, I advanced to Cpl. Cobb, in accordance with the spirit
of the resolution, $3,000, from the contingent fund, in part
payment. The bodks have been received at tire Library j
and as many of them as may he necessary will he distrib¬
uted among the counties, with the laws and journals of the
present session.
The work is ably and faithfully executed, and does much
credit to- its distinguished author. It is expected that the
remaining $12,000, due oil the State's subscription, will he
appropriated at your present session."
Weights, and Measures. *
An appropriation of $10,000 was made at tjse last session,
for the purpose of supplying all the counties not then sup¬
plied, with standard weights and measures. Soon after the
close of the session, I caused circulars to he addressed to
the Clerks of the Superior Courts of the several counties,
informing thenl of the fact Of such appropriation, and re-*
Ipiesting each to report to me whether his county was sup¬
plied with these standards; and further notifying each, that his
county Would be considered as supplied unless he furnished
the information. In reply, I received information of the de¬
ficiencies which existed in llfi counties. From tlie remain¬
ing 19 bounties n6 reply was received, and I was left to pre¬
sume that each of the latter was fully supplied. I have
Since caused to he manufactured and supplied to each coun¬
ty whose clerk informed me of any deficiency, the standard,
weights and measures which were considered necessary. If
the supply needed by any county has not been shipped to its
nearest railroad depot, the fault rests with its own officer
who failed to furnish information of its necessities.
I have also caused to he deposited in the State Arsenal,
at this place, 27 sets of standards similar to those furnished
J£)HRHAL OB THE HOUSE,
the counties above- mentioned,*which are subject to the fu¬
ture direction of the Legislature. , .
These weights and measured are of a very superior qual¬
ity, and it is not doubted hhat they are entirely apeu-
rRe. They were -manufactured by John W. Kiss am, or
Hew York, under- the supervision of ColT John T\Biuifh, of
that city, who was formerly a Secretary in this Dejiartmeph
* census op 18&9. *
In accordance With the requirements of the Oonsfrtution^
the last Legislature made provision for taking the State
Census this yfertr, which has been done; and it will become
your duty to make the septennial apportionment of mem¬
bers among the respective counties, in proportion to their
respective population.
Library.
For several years past, an annual appropriation has been
made, of $1,000, to increase the State Library. It should
be the pride of Georgia to supply herself with a library as
extensive alld valuable as that possessed by any other State
hi the1 Union; and F trust per Representatives wiR continue
to provide for its annual increase.
The Library is at present kept m one of the rooms
of the Capitol, which is entirely too small for the pur¬
pose, Many valuable books and documents, for want of
room in thd Library, are now kept jn the basement roomS
of the State House, where, on account of the dampness of
the rooms, they are much injured, I therefore recommend
that an appropriation of $10,000-, or such other sum as may
be necessary, be made, to build a fire-proof brick building
on the public ground east of the State House, to be used
for the purpose of a Library.
Mixeralogical ayd Geological Survey.
In the event of a future mineralogieal and .geological
vsurvey of the State, one of the rooms in the proposed nevtf
building might he usCd as a Cabinet for the deposit of valu¬
able specimens of ores, fossils, &c. I do not doubt that
such a Survey wOuld bring to light immense wealth, which
*s now buried in the bosom of our State, J therefore re¬
new the recommendation made in my message to the last
Legislature, that provision be made by the fetate for such a
survey.
Boundary Lixe Between Georgia and Florida*
I am informed that the last Legislature of Florida agreed
to the propositions contained ihthe joint resolutions passed
by the Legislature of this State at its session of 18d7, ht
1fhe settlement of the boundary lino between ihcsd Stales,
upon the Basis agreed upon by the late Executives of the
0 States. Tub L<weitior of Florida, being desirous tl|at
THURSDAY, JfOTEMBER 3p, i&d.
29
tile line between, the terminal points which, have been agreed
ifponbe re-Surveyed, aS contemplated by the joint ablution
tlie Legislatures of the two States, lias appointed B, F.
YvTiitner, Esq., as Surveyor on tlie part of Florida; and I
have appointed Prof. Oil*, of Emory College, as Surveyor
on the part of (Georgia, wlio will proceed soon to, run tlie
lilie, and thus terminate, I trust, all furtlie# misunderstand¬
ing between the two States, in reference to tjiis vexed ques¬
tion.
I recommend the passage of an Act authorizing the Gov¬
ernor, so soon as the survey is Completed, tp draw his War¬
rant upon the Treasury for such sum #is will compensate
Prof. Qrr, for his services.
Atlantic and Gulf Railroad.
In May last, I visited the Atlantic & Gulf Railtoad, and I
take great pleasure in saying that I consider it an excellent
road, so far as jt is completed, reflecting great credit upon
the able> energetic and efficient officers who have had the
Work in charge, and upon the trustworthy and intelligent
board of directors who have the supervision and direction
of its affairs. While tfle work seems to have been faithful¬
ly done, my opinion is that those having the control liave
permitted no wasteful or extravagant expenditure of the
State's money. In common with the citizens of Georgia,
I deeply regret the death of Dr. James P. $crevqn, tlie late
able and untiring President of this ftoad. It is said, that in
his extraordinary efforts to push forward to its completion
this great thoroughfare, which is to give neW life and energy
to a large and very interesting section of our State, he con¬
tracted the disease which terminated his valuable life. The
work, when completed, "will stand as a well deserved mon¬
ument to his memory. The Board of Directors, since the
date of my last Message having certified to me, as the
statute requires, that the second, third, and fourth in-
instalments, of sixty thousand dollars each, have been
paid in by the private stockholders, On their subscrip¬
tion, I have, in each case, issued fifty thousand dol¬
lars of the State's bonds, as fhe statute directs, and de¬
livered them to the company, at par, as the State's install¬
ments due upon her stock. The whole amount of bonds
issged to this time, on account of the road, is $250,000,
for which the State holds that amount of stock in the com¬
pany. The Directors having lately notified me that the
fifth installment of $00,000 has been lately paid in by the
private stockholders, I have prepared $50,000 more of the
bonds, which, are now ready for delivery, and will be de¬
manded in a few days.
30 JOURNAL OF THE HOUSE,
State Aid.
In my Annual message to tlie last legislature, I gave it
as my opinion that it- would be good policy for the State-
to lent) her credit to aid in the construction or such otner
railroads as may be necessary to the more full development
of her vast resources, provided she be made perfectly secure,
beyond doubt, against ultimate loss. I still entertain the
same opinion. In lending her aid m the construction oi a
i-Q'ad, 1 only propose that the State indorse the bonds of the
icompany, after a reasonable proportion of the road is first
completed, for a feum sufficient to purchase the iron to com¬
plete the rest, as fast as the company, at its own expense,
shall have first graded the road and laid down all the tim¬
bers and superstructure, ready for the iron.
Ifor the purpose of securing the State against loss, on ac¬
count of this liability, I propose that she take and retain a
mortgage or statutory lien upon the entire road, as well the
part completed before her liability was incurred as the part
Completed afterwards, with all the superstructure* rolling
stock,, fixtures, franchises, and appurtenances of every char¬
acter belonging to the company, with the right to sell the
whole, after sixty or ninety days advertisement, whenever
the company tails to meet and promptly pay any installment
of interest Or principal due on, said bonds. And should any
portion of the State's liability remain unextinguished, after
the sale of the road, I propose that the whole deficiency,
whatever maybe tbe amount, be divided among the solvent
stockholders, in proportion to the number of shares owned by
each, and that the Comptroller General, under an order
frOm the Governor, issue execution immediately against
each, for his proportion of the deficiency, to be levied and
collected by the Sheriff of the county in which the de¬
fendant resides, or of any county in which he may have
property. This would, in my opinion, make the State am¬
ply secure. Indeed, it is not probable that she would ever
have to call upon the stockholders to make up a deficiency,
aftei the sale of a road j as it is not reasonable to suppose
that any company of sensible men, simply because the State
•would agree to indorse their bonds under the very binding
restrictions above proposed, for a sum sufficient to"purchase
thelarger part of the iron, would ever invest their capital in
grading and building a road which would be of so little val¬
ue, wfien completed, that the whole road, and all its appur¬
tenances, including the iron upon the entire track, and all the
.rolling stock, would not bring, if sold, a sum sufficient to
pay for only the w of the iron for the price of which the
State would be liable.
Capitalists do not usually invest their money where they
not only expect no dividends or incomes, but the loss of the
THURSDAY, NOVEMBER 3d, 1859. Si
principal, Witli an ultimate liability to future additional
lossi! consequently, it is not reasonable to suppose that the
stockholders in any1 company under the proposed plan,
would undertake to build a roa,d, and receive the Stated
aid by the indorsement of their bonds, unless they were sat¬
isfied that the road was a public necessity, and that the stocky
after the road should be completed, would pay reasonable
dividends.
„The law, if passed, tefiould be a general one, giving to
eyery company in the State, engaged in the construction of
a railroad, the same aid, Subject to the same liability. It
may be objected, that the terms upou which it is proposed
to grant the aid are so onerous that no prudent company
would avail themselves of its benefits-, and that no encour¬
agement would be given by the proposed plan to the devel¬
opment of the resources of the State; and it may be asked,
what are the advantages of State aid, under this plan 1 To
fhisit may be replied, that the Company, with the State's in¬
dorsement upon its bondjg, can sell thenl at par in "the mar¬
ket, and thereby save itself from the ruinous loss which it
would have to bear, should it be compelled1, by its necessi¬
ties, as such companies often are, to expose its bonds in the
market, without such indorsement, fbr the purpose of rais¬
ing money to complete its road. Many companies, which
are now ctoing a prosperous business, while constructing*
tlieir roads, were compelled to sell their bolids at sixty cents
ill the dollar, to raise money with which to complete them.
"Had the bonds of any such company had the proposed in¬
dorsement, they would have commanded par in the market,
ami thus over one-third of the cost of construction Would
have been saved to the company. As an illustration, sup¬
pose it will cost SGOOjOOO to build a road between two
given points, and the road, if built, woufd be of much pub¬
lic utility, and do much to develope the resources of an in¬
teresting section of the State, and a solvent company, with¬
out the cash at present, undertakes to build it upon credit,
by the sale of its bonds, as such roads are often built, the
bonds must be offered in' the market, and will bring only
pixty cents in the dollar. It will cost $1,000,000 of bonds
to raise the $000,000 in cash. When due, these bonds must
be redeemed by the company at par. It will, therefore,
cost the company $1,000,000 to build the rOad, But, sup¬
pose the State indorses the bonds; they will then bring
par; and $600,000 pf the bonds will bring $600,000 in cash.
The company, irr that case, would have but $600,000 of
bonds to redeem; consequently, it would cost them only
$600,000 to build the road. The State's indorsement
would, therefore, be worth $400,000 to the company. The
.State would remain perfectly secure, and have her resources
greatly developed, and the lands pf her citizens in the vi-
32 ifOHMAI* OE THE HOUSE,
ty and proceed with tlie Work. Shppld if, howeveiy Cost
$1,000,000" to HvlHH the satae Boacfj it could then pay 111 tu-*
videncls irom the same amount of business, hut little ©Ver
half of eight per cept, and infhat case, fhey would refuse H
Incur the lial>l^ity or to proceed with the work- Conse¬
quently, the road would not he built} the resources of tbq
section would not he developed? tlie price of lands woiild
pot |>e raised, and the amount of tax paid into the Treasury
'jvould hot l^e increased. Hence, I conclude that it will
he a wise policy on the part of the State to grant the aid pp-
©n these terms, that no ptudent company wil^ receive it
until the stockholders are satisfied that the road" Will pay
when completed, ana that the«,aid will he" very vaTuahle 1i
a company engaged in building suqh a,road.
It is sopietimes sai,d that in justice to the railroad c om-
panies already in. existence, the State should, not aid nr en¬
courage the building of other roads which may come in
competition with those new in operation. "Shine of these
companies are now making very large profits, and while I
desire to see them prosper, and would not wTish to see their
.dividends reduced, helow a, point where the- stock would be
•reasonably profitable;, ho matter how much other interests
plight be thereby promoted, I am unwiliing that such sec¬
tions of the State as -are, without railroads should be -denied
Heir benefits on the ground that the large incomes of some
pf the wealthy companies now in existence, might be re¬
duced by giving these section^ lan opportunity to partici-
• pate in the advantages "which would result to them from
the construction of other roads. Indeed, I entertain no
uonbt that the interest of the people requires that the num¬
ber qf roads be increased till pa one shall have a pionopo-t
!y of th^ business of any very large portion of the State, n/y.
vide& that each shall be left with sufficient business to make
its Stock reasonably remunerative. TWo-ronW
and the shipp^ must heap the loss.
THURSDAY, NOVEMBER 3d, 1859.
$3
Again, I deny that any Company has a right to complain
that injustice has been done it by the State, should she
permit or encourage the building of such roads as the inter¬
est of her people in different sections require, which do not
in any manner violate the chartered rights of such company.
Most of our railroad charters contain guaranties to the re¬
spective companies, that no lateral road shall be built with¬
in a certain number of miles of the road of the company to
which the guaranty is given; say twenty miles, as an in¬
stance. These corporations claim that the charter is a con¬
tract between the State and the company, and they cling
with tenacity to every chartered right given them by this
contract, and exercise it, if profitable, no matter how oner¬
ous its exercise by them may be to other interests in the
State. They Should therefore be content with the contract;
and should not be heard to complain when the State exer¬
cises rights reserved by her when she granted to them their
charters. The State, in the case above supposed, as an in
stance, when she granted the charter, guarantied to the
company an exclusive right over a strip of her territory forty
miles wide. With this guaranty they were1 content, accept¬
ed the charter, invested their money, and built the road.
The interest of a large number of persons outside- of the
limits embraced in the guaranty probably afterwards requires
that they have & road; the State encourages its construction
and it is built. What injustice is done to the first company
and how fiave they been deceived? They have the full
measure of their rights, and the full benefits of what they in¬
sist upon as their contract. It is true, they Diay not have so
large a monopoly as they desire, but they have all they con¬
tracted for, while another portion of the State is developed,
and the people have the benefits ot low freights resulting
from the competition.
The State has taken stock in two railroad companies. I
oppose this policy, and do not think she should be a part¬
ner with her citizens in such an enterprise. My opinion is
that she should have no interest in any property over which
she has not the entire control. By endorsing the bonds of the
company, with ample security, she complicates herself with
none of its private management .or affairs.
Banks and Banking.
By the second section of the Act of 22d December, 1857,
usually known as the bank Act, it is enacted that "when any
bank or banks now incorporated or which may hereafter be
incorporated in this State, shall refuse or fail to pay specie
for any of its bills, notes or drafts, or other writing fox
which they may be bound, when demanded by any individ¬
ual or individuals, shall be liable to suit thereon in/any of
the Courts of la,w or equity in this State, and such individu-
3
34
JOURNAL OF THE HOUSE,
taoc ao / x 4-1 "U
principal and interest due upon eacli banknote, or other ob¬
ligation which the batik has refused to redeem in specie on
demand, with twenty five per cent damages*; tlie interest to
be computed from the time of the refusal to redeem the
note in specie when presented; and that the plaintifl be en¬
titled to judgment at the first term of the Court.
I also 'recommend, that the penal code of this State be so
changed as to declare that a future Suspension of specie
payment, by any bank in this State, shall be adjudged as
conclusive evidence of fraud on the part of the President
and directors of such bank; and that the same be declared to
be a high misdemeanor; and punished by confinement and
hard labor in the Penitentiary of this State, for a term not
less than five, nor more than ten years; and that the Grand
Jurois of each county in this State, in which a bank is loca¬
ted, shall, at the opening of each term of the Court, in addi¬
tion to the oath now prescribed by law, further swear
that they will diligently inquire, and true presentment
make ol all cases of bank suspension which have occurred
in the county since the last term ot the Court; and in case
any Grand Jury shall present any bank 9s having suspend¬
ed specie payment, that; it shall be the duty of the Solicitor
Gene 1 al forthwith to make out bills of indictment against
the Pi esident and Directors of such bank. In my message
to the last Legislature, I expressed the opinion, that in view
ot all the imperfections and abuses of our uresent bank-inn-
upon iheir representatives the enactment of such laws as
I'? m 7 mnt0 effect Tlle of the banks
and bmk officeis, should be made so strihgent as to deter
them m future from trifling with the rights of the people,
or the (impose of advancing .their own interest and their
pwn speculations.
THURSDAY, NOVEMBER 3d, 1859.
Education.
The last Legislature, by its liberal enactments and en¬
lightened views upon the subject of Common School Educa¬
tion, not only rendered the State a most valuable service and
entitled itself to the thanks of the whole people, but set an
example of liberality in favor of education which challen¬
ges the approbation and deserves the imitation of all its suc¬
cessors. It is true, the Common School System adopted, was
not perfect, nor was this to have been expected. So gfeat a
work must be progressive and a succession of \yise enact¬
ments, guided by the light of experience, can alone perfect
it. Bgt the last Legislature did take a most important step
in £he right direction. It laid broad and deep the founda¬
tions of a system upon which, if its successors are equally
wise, a most beautiful and perfect structure in all its mag¬
nificent and symmetrical proportions, will soon be reared..
In addition to the sum heretofore appropriated and dis¬
tributed annually for education, it made an annual appropri¬
ation of $100,000, to be paid out of the net proceeds of the
W. & A. Road; and provided that the School fund should
be further increased, annually, as hist as the public debt is de¬
creased; and that the interest heretofore'paid to the State's
creditors, shall in future aS fast as the debt is-paid, be added
to the School fund, and distributed for educational purposes.
This $100,000 appropriation was made under the suppo¬
sition that the net incomes of the State Road would not
exceed $300,000, per annum. As before stated, the Road
has dtiring its last-fiscal year, paid into the Treashfy of the
Sfate $402,000, clear of all necessary expanses and repairs.
Estimating the future incomes* from the Road at a like
sum per annum, I see no just' reason why the annual appro¬
priation for school purposes, may not be safely increased to
$150,000, exclusive of the interest on'the old fund, and the
interest on the bonds which are to be issued for educational
purposes as the Stase debt is paid. I earnestly recommend
this increase of $50,000, per annum, in the aiinual appropria¬
tion- If this be made, ,the amount for distribution, next
year, from the State Treasury for Educational purposes, will
be nearly $200,000.
Deposit with Bank of Savannah.
The School Act of last year authorized* me to deposit the
School Fund, and other surplus funds in the Treasury, with
any of the banks of Augusta or SaVannah, at interest, upon
the be^t terms I could "make with the banks. Under this
authority, I vtas able, on the 14th day of January last, to
deposit the sum, of $100,000 with the Bank of Savannah;
for which it gave ifs obligation to pay interest on the
amount, at the rate of seven per cent, per annum, till the
36 JOURNAL OF THE HOUSE,
third Monday in the present month, which is the ^ ^
byflje statute
SorXM to tb,, a^nt to
be districted, together with toX<£
the Treasury. As an inducement to me oa
$100,000, on these terms, I agreed to g^"he^e T ^
other deposits of the State, <o-toch to
urer, without premimh, all the JN ortnexuxrAc e
payment of the interest on the public debt, A c. JusticeTo the
Bank of Savannah requires me to state, that it has been
prompt and liberal in the discharge of its obligations to the
State; and thatl was fully convinced, after a correspondence
with several other banks in the cities of Augusta and Sayan-
' nah, in reference to this deposit, that the Bank of Savannah
was disposed to act a more liberal part towards the State, for
the increase of the School Fund, than any other bank vvitli
which I corresponded upon the subject. It was the Jrst
to obey the law, and make its returns as required by the
Act of 1857. I consider it not only a solvent institution,
but as prompt and reliable as any bank in the State.
School Commissioners.
The second Section o^f the School Act of IS53 imposes
upon the Grand Jury and Ordinary of each county, the duty
of devising a plan for the advancement of education in the
county, and gives them absolute control over the applica¬
tion of the fund. This portion of the law would seem to
require amendment. The appropriate duties of the Grand
Jufy connected with the Court, usually requjro their entire
time, while in session 5 and they cannot, in connection with
their other duties, give to this subject the attention which
its importance demand^ I therefore recommend such
change in the law as will transfer this jurisdiction to an in¬
telligent Board of School Commissioners, to be chosen an¬
nually by the usticfes of the Inferior Court and Ordinary
qf each county.
Superintendent of Education and Ordinaries.
^•he School Fund of each County is now paid by the
Treasurer of the State to the Ordinary of the county, who
is under bond for its proper application and faithful dis¬
bursement. The sum now annually distributed is large,
and there is no provision of law which requires each Qiui-
dinary to report to the Governor or the Legislature, or to
any other authority at the Capitol, how he has disposed of
the tupd m his hands. To preyent any misapplication of
this iund, and for the purpose of holding all persons \vho
have control of public money to a strict accountability,
I reco.mmend the appointment, in such .mode as may
be thought best, of a Superintendent of Education for
THURSDAY, NOV^MB^R 3d, 1859. 37
the State, who dhffil, keep his office in fhe State* House,
and to whom every Ordinary in the State shall make
annually, ^ full and complete report of the disburse¬
ment of the School Funds which he has received from the
Treasury, accompanied by the necessity receipts and vouch¬
ers, to be recorded in the office of the Superintendent,^n a
hook or books, to be kept by him for that putpose, With
powei in the Superintendent to call any Ordinary m the
Stafe to an account, at any time; and in case any one shall
be found in default, to isSue execution immediately against
such Ordinary and his sureties, for the sum for which hd
may be so in default, with 20 per cent, upon the amount till
the same bo paid. Common prudence would spem to dic¬
tate this necessary safeguard, where so large an amount of
public money is distributed among so numerous a class of per¬
sons.
Mode of Ascertaining the Number of Children.
The statute makes it the duty "of the Receiver of Tax
Returns, and the Grand Jury, in each couiity, to ascertain
the number of children between the ages of eight and eigh¬
teen. It is believed this has hot been so successful in prac¬
tice as the old laws upon the subject of the enumeration of
the poor children, which made it th§ duty of the Justices
of^the Peace, in their respective Militia Districts, to ascer¬
tain the number, under the supervision and control of the
Ordinary,
Substitution of New State Bonds for Old Ones.
I have found it impossible to call in all the bonds of the
State in the hands of her ctedjtors, as contemplated by the
ninth Section of the School Act, and to issue to the credit¬
ors, in lieu of them; other borids falling due in equal jjmnual
installments, till the whole debt is extinguished. The bond¬
holders are under nO obligations to return their bonds and
receive others of like amount falling due at dfferent times;
and many of them refuse to do# so.
$100,547 50 of Bonds and Interest not Due, and $50,-
500 of Bonds Due, Paid.
There being a large unexpended balance in the Treasury,
after providing for all legal appropriations, including interest
upon the public debt, and fifty thousand five hundred dollars
of the bonds which Tell due during the year, with a view to
carry into effect, afs far as possible, the objects of the Act, I
ordered the Treasurer to give notice, in the public gazettes,
that he would redeem, at par, at the Treasury, or in Augusta
br Savanpah, the bonds of the State not yet due. After sev¬
eral months of advertisement, he was able to find only $99.-
250 of bonds not due? which the holders were willing to
part with at j>ar. These he redeemed, together with $1,-
38 JOURNAL OF THE HOUSE,
297 50 pf interest which had accrued upon them,
was not yet due. T _
*160,boo of f^;c~l bo®s up_
As directed by t e ^ 5150,000 of new
on the redemption <01 these 00 _ tWPn_
bonds, dated the first day of tb.
ty years after date, bearing six pe ,c u r
ble aBnually. These bonds are payable to the of
State, as the trustee of the Educational Fund of Gtotgih,
and are deposed in his office; the interest upon which
will, in future, "be distributed annually as part of the k_ckool
Fund.
Duty of Ordinaries.
The seventh Section of the School Act authorizes the
Governor, before drawing his warrant upon the Treasury
for the amount of school fund, to which each county is enti¬
tled, to direct each Ordinary to furnish him with the num¬
ber pf children in his county between the ages of eight and
eighteen—the number taught the elementary branches of
an English education, the number taught the higher branch¬
es of education, and the rates of tuition in the elementary
branches tod in the higher branches, and all other farts and
statistics Which the Governor may require said Ordinaries to
obtain, and return, and which may he deemed useful in ajid
of future legislation.
Under this Section, I caused circulars to be addressed to
all the Ordinaries of this State, calling on them to furnish
such facts and statistics as, in my opinion, might be useful
in aid of future legislation. Most of tile Ordinaries have
performed their duty and forwarded the necessary informa¬
tion. jSome have, however, lhade very imperfect returns;
and some have made* none. It may become my duty to
withhold the fund from the counties whose Ordinaries are In
default, till they shall have made their returns. Ig sitch case,
I shp.ll not fail to make known to the people of the comity
the reason why the fund is withheld, and give them cgi op¬
portunity, at the ballot-box, to hold the proper officer re¬
sponsible. The Ordinary in*each county has power to with¬
hold the fund from the Teachers till they furnish him with
the necessary information. This will, no doubt, be suffi¬
cient penalty to enforce performance of duty on their part.
School Statistics.
Thus far returns have only been received from 102 coun-
ies. ihese returns contain much Valuable information. I
ave had them arranged in a statistical table, which is in
• is omce, and will be at all times subject to the inspection
9 Members of fhe Legislature. So soon aS the Ordinaries
0 the other counties shall have made their returns, the ta-
THURSDAY, NOVEMBER'to, 1S59. 39
ble will be printed, if desired j)y the General Assembly. The
returns front those 102 comities, furnish the following among
other interesting facts. Whole number of children between
the ages of 8 and 18—1.07^825, Number between 8 and
18 taughhin 1859,-67,155; total of all persons taught, 79,-
922; of these 45,090 are males, and 34*832 are females.—
Whole number of males taught in the elementary brunches
29,238, pumber ©f females, 22,681. Whole number of males
taught the higher'branches, 8,032, females, 7,613. Average
tuition, per annum, in the elementary branches $15 50, in the
higher brangb.es, $26 ,00. Whole number of school houses,
1775; number of schools, 1777. Nutnber of Methodist
Male Colleges, 4, in which there have been taught 358 pu¬
pils; Methodist females 'Colleges, 4, pupils 524; Baptist
Male Colleges, 3, pupils 297; Baptist Female Colleges, 4, pu¬
pils, 322; Presbyterian Male College, 1, pupils* 97; Presby¬
terian Females Colleges, 3? pupils 3,25; Colleges and High
Schools not sectarian, male, 16, pupils, 773, female 16, pupils
1222; number of Academies, 57. Out of the 102 coiinties 99
have appointed boards t6 examine teachers, and 1297 teaph-
ers have passed* an examination. The Ordinaries of only 49
of the bounties of this State, have given bonds as required
by the statute/or tire proper disbursmeht of the school fund.
The remaining S3 have not yet complied with the law, in
this particular, and will not be entitled* to draw the fund
until they shall have given bond, as directed by the statutes.
For the benefit of tjieir constituents, I shall have the names
of the defaulters published soon!
School Ta|: Collected by Counties.
It further appears by thefee returns, that the proper author¬
ities of only 84 of the 102 counties, have levied .and collected
each a county tax to be added to the school fund of the
county. Th'e counties of Clarke and Effingham, have each
assessed fifty per cent upon the State Tax for school pur¬
poses. This is the highest per cent levied by any county.—
The county of Meriwether only assessed five per cent upon
her State Tax, which is the lowest per cent levied by any
one of the 84 counties. The aggregate amount raised by
the 84 counties for school purposes, is $64,997. As each of
quite a number of th,e counties, which draws its just propor¬
tion of the amount distributed from the State Treaehry, ♦re¬
fuses to raise ahy additional sum by taxation, I recommend
shell change in the law as will authorize the Governor to
withhold from ' each county in the State, after this year,
its proportion of the State fund, tilt its proper
authorities 'shall have levied and collected a tax of
at least 25 per cent . upon, # tips State Tax, to
be added to tpe amount which it receives from the Stare for
educational purposes* Many of the comities would no doubt
40 journal of the uou^e,
raise over 25 per cent, as matter of choice. ^ If each county
should assess and collect but 25 per cent, this would amount
to about $100,000; which, added to the $200,000 distributed
from the Treasury, should the annual appropriation be in¬
creased as above recommended, would increase the amount
of public money to be expended next year for education, to
$o00,000, which sum would be still further ^increased annu¬
ally from the interest on the bonds to be issued upon the
payment of the public debt. This $-300,000 annually would
' be equivolent to shgper cent upon a school fund of $5,000,-
000, a fund of which any State might justly be proud. Even,
this, however, would be only three fourths of the annual net
incomes to the Treasury from the State Road. Probably
no State in the Union is now in a condition to da so much
for the advancement of education, with so little of *the bur¬
dens of taxation to her people. The incomes from her public
property, if wisely expended, will enable her to build Up a
magnificent school fund, while herpeople pay a smaller'tax
than the people of any State in the Union.
The past year has been one of prosperity, durum which
Our kind Heavenly Father has bestowed rich blessings upon
the people of our noble State. With hearts hilj of gratitude
let us Jmmbly invoke his aid in all our deliberations for the
public good.
joseph e. brown".
THURSDAY, NOVEMBER 3d, 1859. 41
Leave of abscence was granted Mr, Screven, of the county
of Chatham, <m special business.
Mr. Lester, of Cobb, offered the following resolution which
was taken up, read, agreed to^ and transmitted forthwith
tcf the Senate, to-wit:
Resolved, That the Clerk be directed to inform the Senate
that the HousS will be pleased to receive that body in, the
Representative Hall at o'clock thA afternoon, for the
purpose df counting out, adding up, and consolidating the
The following bills were reported and read the first time,
votes polled for Governor at the last election.
tO-vsdt:
Mr. Gibson, of Richmond, reported
A bill to be entitled in act for the peliefof William J. Eve,
William H. Gdodrich^ and Josiab Harris, Executor of Wil¬
liam R. Ruthin deceased.
A bill 40 authorize the Inferior Court of Richmond county
to leVy an extra tax, &c., and,
A bilf to give to endorsers the control of "fi fas" andjudg-
ipenis paid off by them.
Mr. Talum, of Dade, reported
A bill to .compensate the Grand and Petit Jurors, of fhe
county of Dade, and authorize the levying of a tax for the
saipe.
Mr. DeLOny, of Clarke, reported
A bill to organize a Law School with the University of
Georgia, and provide a Library for the same.
Mr. Lumpkin, of Clark, reported
A bill to cqmp^ll the chartered Banks of this State, once
in every year, to publish a list of their Depositors and the
amount due to each; and,
A bill to incorporate the "Lucy Cobb Institute" for the
education of young ladies in, the tbwn of Athens.
Mr. Anderson, of Bibb, reported
A bill to appropriate money to defray the expenses of the
pupils of the "Georgia Academy for the Llind," and to pro¬
vide furniture, apparatus, and books, for said "Academy."—r
Also,
A bill to amend thp" charter of the South Wester^ Rail
Road Company, and to authorize an increase of the Capital
Stock of said Company*
Mr. West, of White, reported
A bill to reduce the Sheriffs bond in fhe county of White.
On motion of Mr. McWhorter, @f Gfeene, four hundred
copies of the Governor's Annual Message, and three hun¬
dred of thq accompanying documents were ordered to be
printed for the use of the "House.
The House adjourned until 3 o'clock, P. M.
42
JOURNAL OF THE HOUSE.
THREE O'CLOCK, P. M*
The House met pursuant to adjournment. g ^ *
The following Message was received from the Senate by
by *he Senate to inform the
House SeFesentatoa that they Have agreed to, a *»-
iution bringing on certain ejections therein spec
Saturday the 6th instant, in tybich they ask thfe concurrence
of th,e House. ,
Mr. Williams, ofMuscogee, reported ^
A hill to incoriiorate an Insurance Company in tne city of
Columbus to be calied, "The Western Georgia Insurance
.Company," which was fead the first time.
The hour of 3% o'clock having arrived, the President pn5
Members of the Senate attended in the House of Representa¬
tives and the General Assembly proceeded to examine and
eount Out the votes returned from the Several counties of
this State for Governor, and on counting out and consolida¬
ting the same, it appeared that Joseph E. Browfi had, re¬
ceived sixty three thousand, seven hundred and eighty four
votes, and,that the Hon. Warren Akin had received forty
one thousand, pight hundred and thirty votes.
The Hon. Joseph E. Brown having received a majority
of the whole number of votes given in, he was duly elected
Governor of Georgia fof the ensuing two years
Thb members of the Senate then returned, and the House
on ^motion of McWhorter, of Greene, adjourned until to¬
morrow morning at 10 o'clock.
FRIDAY, NOVEMBER 4th, lS-^9,
The House met pursuant to adjournment.
Ml. Tuggle of Campbell, offered the following resolutibty
wnich( was taken up, read and agreed to, to-\yit^
Resolved, That a committee of fiVe be appointed to join
sue committee us may he appointed by the Senate, to wait
on ins Excellency Joseph E. Brown, Worm him of his elec¬
tion as Governor, and request his acceptance of the
same. r
The Speaker appointed, under this resolution, Messrs. Tu^-
8H' L<?fton> McWhorter and Mintz. °
Mr. Lester of Cobb, offered the following resolution which
was taken up, read and agreed to, tq-wit ?
Jle$olvcdj That a committee of five be appointed by the
House to co-operate with a similar conlmittee of the Senate
FRiDAt, November 44,1359. 43
in making suitable arrangements fpr the inauguration of the
Governor elect, and to invite distinguished persons to attend,
the ceremonies.
The Chair appointed under this resolution, Messrs. Lester,
Sprayberry, Thrasher, Harkness, and McComfo.
The following message tvas received from the Senate, by
Mr. West, their Secretary.
Mr. Speaker:—I am directed by the Senate to inform* the
House of Representatives that they have agreed to a resolu¬
tion bringing on certain elections therein specified, in which
they ask the concurrence of the HouSe.
I am also directed to inform the House of Representatives
that the Senate "appointed Messrs. Paine, Seward, Printup,
G&rtrell and Warjd, as-a committee to join sudi committee
as may be appointed by the House to make suitable" ar¬
rangements for the inauguration of the Governor el^ct and
to invite distinguished individuals to attend the same.
On motion of Mr. Ely of Dougherty, the rules were sus
pended and the following Senate resolution was taken Up
and read, to-rwit:
Resolved, That upon concurrence of the House of Repre¬
sentatives in this resolution, the General Assembly do meet
in the Representative Hall? on Saturday, £>4 inst:, at ^
o'clock, P. M., for the purpose of electing twp Judges of the
Supreme Court, to suoceed the Hon. Henry L. Penning and
the Hon. Linton Stephens, whose terms of'office expired or1
will expire before the next session of the Legislature.
Mr. Deloney proposed to amend by inserting in lieu of the
period mentioned, Thursday, "November tenth, at 10 o'clock
A. M., the same was received.
Mr. Tatuta, moved, to insert and a United States Senator,
upon this proposition the yeas and nays were required, t@ pe
recorded.
There are yeas 76. There are nays 81.
Those who voted, in the affirmative are Messrs :
Allan, Fain* of "Gordon, Hicks,
Baugh," Farnell, Hockenhull,
Broyjes, Finney, Holland,
Brewton of Forsyth,Fortner, Howell of Lowndes,
Cason, Gay, Hutchins,
Clarke of Elbert, Glass, Irwin,
Colvard, Gibson of Warren, Johnson,
Coleman, Goodman, J oiner,
Dayid, Green of Houston, Jones of Mitch ell,
Earl, Hardin, Reeling,
Echols, Harkness, Kefmon,
Ector, Harper pf Sumter, Khowles,
Hdmondsan, Harris. Lofton,
Fain pf Gilmer, Heath, Martin,
44
JOURNAL OF THE HOUSE.
McCdnts, Palton,
McComb, Ferry,
»McDo,nald of Lump-Pilcher,
lyn, Prescott,
McDonald of Mur-price,
ray, Register,
McEver, Render,
McGar, Richards,
McLendony Rozier,
Mitchell, Scott,
Norwood, Smith of Coffee
Patrick, Smith of Ha LL,
Those who voted in the negative are Messrs:
Grovenstein, Mmtz,
Harper of Hepry^ Morris,
Hartridge, Mullens,
Henderson of Hen-Nobles,
ry, Parks,
Henderson of NeV-Pitts,
ton, Ragsdale.
Sprayberry,
Sweat,
Tapley,
Tatum,
Taylor,
Tuggle,
Vaughn,
Ware,
West,
Whaley,
Williams of Clinch,
Wofford.
Alexander,
Anderson,
Barksdale,
Blakey,
Bivins,
Brantley,
Brinson,
Brown of Houston,Henderson of WorthReeder,
Brown of Sumter, Herington,
Btewton of Tatt- Hogans,
nal,
Clarke of Monroe.
Cock,
Conley,
Cook*
Gullens,
Daniel,
Delamar,
Delony,
Dixon,
Dufour,
Eberhart,
H olden*
Holloman,
Hopkins*
Horsley,
Howell of Milton,
Hurst,
Jones of Rabun,
Kelly,
Key,
Knox,
Lewis of Greenes,
Lester,
Lumpkin,
Lumsdell,
Seltaan,
Settle,
Sliarpe,
Sims,
Smith of Bryan,
Smithof Towns,
Smith of Twiggs,
SoekweU,
Solomons,
Stewart,
Strickland,
Terrell,
Thrasher,
Turner,
Underwood,
Vanover,
Whittle,
Williams of Musco¬
gee,
Worley,
Ely,
Fain of Union,
Fannin, of Morgan, Mays,
Fgrihin of Tipup, McCrairy^
Fleming, McRea,
Green of Cobb, McWhorter,
So the amendment was not received.
The resolution afe amended on motion of Mr. DelOney of
Clarke was then concurred in.
The following message was received from the Senate by
Mr. West theit Secretary.
Mr. Speaker: I am directed by the Senate to inform the
House of Representatives that they have appointed Messrs.
Printup, Hill of Troup and Johnson nf Cass, as a committee.
FRIDAY,. RG.VI|MBER 4th, 1859.
45
to join the committee appointed by the .House to inform
JpsephE. Bro\bn, governor elect, of his election and to re¬
quest his acceptance of the same.
The following resolution of the Senate was on motion ta¬
ken up, read *and concurred in, to-wit:
Resolved, By the Senate and House of Representatives
that both branches of the General Assembly do convene in
the Representative Hall on Saturday the 5th inst., at 10
o'clock, A. to proceed to the election of Secretary of
State, Comptroller General, Treasure^ Surveyor General,
Director of the Fank of the State of "Georgia and State Prin¬
ter.
The following bills of the House were*read the second time
and committed for U third reading, to-wit:
A bill to authorize the Inferior Court of Richmond county
to levy an extra tax &c., and,
A bill for the relief of William J. Eve, W. H. Goodrich,
and others, securities.
The committee appointed on the part of the House to wait
Upon the Hon. Joseph E. Brown, in connection with a sim¬
ilar committee on tip© part of the Senate, 'and inform him of
his election as Governor of Georgia, request his acceptance
of the Same, and ascertain at what time he would be pre¬
pared to meet the General Assembly to tdke the oath of of¬
fice, reported by their chairpian Mr. Tuggle, the perform¬
ance of their duties, the acceptance of the Hon.«Joseph E.
Brown, and that he would meet the Geheral Assembly at
the hpur of 12 P'clock M., to-day, for the purpose of taking
the dath of office, *
On motion of Mr. McWhorter of Greene, the House took-
a recess until 11 % o'clock.
The House again convened, and on motion of Mr. Mq-
Whorter of Greene, the Gferk was. directed to inform the
Senate tfiaf the House of Representatives Vere prepared to
receive that body into their Hall, for the purpose pf pror
ceeding with the inauguration of the Goverplpr elect, which
idpty being performed by the Clerk* the President andmem-
bers of the Senate attended.
The Governor elect was introduced by the joint commit¬
tee, attended by the State House Officers, the Judges of the
Supreme Court, Reporter and Clerk, Judges Pf the Superior
Courts, Members of Congress^ ex-Governors and other dis¬
tinguished visitors and citizens, whep'he addressed the Gen¬
eral Assembly, ^nd took the oath prescribed by the Consti¬
tution of the State.
46 JOURNAL OF {TH& HOUSE.
^ * "VTlijll""
The Governor attended by the cofm™^tg^^aeVI^epair€;J
drawnj the Presided and membersr^lirne(j until 10 o'clock
to their Chamber, and the House adjourned unr
A. JL, to-morrow morning'.
SATURDAY, NOVEMBER 5th, 1S59.
The House met pursuant to adjournment.
Onmotion of Mr1. Mints of Jackson, the Clerk greet¬
ed to inform the Senate that the House was ready to re¬
ceive that body into their Hall, and proeddd to the electrons
Set ajpart for this day. „
Mr. Lewis of Hancock, offered the following resolution
which was tqkeri up, read apd agreed to, to-wit.
Resolved, That George Hijlyer, Esq., of the county of
Walton, the assistant Clerk, act as Clerk, of the House dur¬
ing the absence ol James J. Diamond Clerk^ who is excused
frown attendance on his duties for a few day^ on account, of
iliness in his family and that the Senate be informed of the
appointment of Mif. Etillyer,
Leave of absence was, granted Messrs. Horsley and Irwin
of Washington for a few days on special businesst
Creorge II illy or, Esq., was duly qualified as assistant Clerk
of the House of Representatives.
The following bills werd read the second!" time and com¬
mitted for 'the third reading, to-wit;
A bill to appropriate money to defray the Expenses of the
pupils of the Georgia Academy for the Blind and to provide
furniture, apparatus and books for said Academy.
A bill to compensate the Grand and Petit Jurors of the
county of Dade, and authorize the levying of a tax for the
same.
Ah^ll tq reduce the Sheriffs .bond of the county of
White. f J
A bill to incorporate •" The Xucy Cobb Institute" for the
education of yqpng ladies in the town of Athens, and
A bill tp augend the charter of w The South Western, Rail¬
road Company, and to authorize an increase of the capital
stock of said Company.
The following hills were tead the sePond time and referred
to the Judiciary Conynittep, torwjt:
A foil to organize a Law School in connection with "the
University o£ Gporgia, arid to provide a Library for the same
and, 4
A bill to give endorsers the control -of fi. fas. and judg¬
ments paid olf by them. • °
The following bills were read the second time and refer¬
red to the Committee on Banks, to-wit:
SATURDAY, NOVEMBER 5th, 185-9.
ft
A bill to incorporate an Insurance Company in the City
of Columbus, to be Called u The South Western Georgia In¬
surance Company," ftnd,
A bill to compel the Chartered Banks of this State once
in every year to publish a list ef their depositors apd the
amount due td each.
The President and members of the Senate were received
and the General Assembly proceeded to the election of 'a
Secretary of State, hpon countihg out the ballets it appear¬
ed that E. P. Wat bins of the coffiity of Baldwin, Ifad lbceiv-
e,d. a majority of all the votes given in, and was therefore de¬
clared diily elected to said office for the two ^ears next en¬
suing. •
The election*of Comptroller General being next ih order
the General Assembly proceeded to ballot therefor, the bal¬
lots being counted out, it appeared that Peterson ThweatR
had received, a majority of .all the votes cast, and was therer
fore declared duly elected Comptroller General Ibr the next
ensuing two years.#
Thfe Geperal Assembly psoceeded next to the election of
a Treasuries, upon the ballots being counted put, it appeared
that John B. Trippe of the county ofPutnaVn was duly elec¬
ted Treasurer for the ensuing tkm of two years.
The (jreneral Assembly then proceeded to the election of
a Purveyor General, the votes being counted out and it ap-
, pearin^ that A. J. Boggess of the county of CaiToll, had re¬
ceived a majority of the whole number cast, he was declar¬
ed duly elected Surveyor General for the next ensuing two
1 years.
The election of Director of the Bank of the State of Geor¬
gia being next in order*, the General Assembly proceeded to
the samft, which resulted in the election of Solomon Cohen
of the county of Chatharp.
The Genersd Assembly then proceeded to the election of
State Printer, upon the ballots being counted.out, it appear¬
ed that S. N, Boughton, of the county of ^Baldwin, had re¬
ceived a majority of the whole number cast, he was there¬
fore declared duly elected for the next ensuing terpi of two
years.
The Senate then withdrew to their Chamber.
The following messagd was received ijrom the Senate by
Mr. West their Secretary : *
Mr. Speaker:—I am directed bjjthe S,enate to»inform the
House of Representative^, that they have Concurred in the
amendment of the Sopse to $ie resolution of the ^enate
brjngin^ on thS election for Judges of the Supreme Court
of the State of Georgia.
The HohsC on motion Of M^Lpmpkin of Clarke, adjourn
ed pntil 10 o'clock, A. $!., pn Monday.
49 JTjtJfiNAL OF THE HpUfeE,
MONDAY, NOVEMBEK7tb,lS59.
Tte »f Washington
and the Hon. William J-
members elect from tic' counties , r.ve^rrilir.H
ed their credentials, and having taken the oath prescribed
bytha Constitution of this State, and to support the Cough-
tHion of the United States, before the Hon. Isaiah T. Imn,
SPOnkthec°^ of counties the following bills wgre reported
and read the first time, to-wit:
' Mr. 'Allan of Burke, reported at bill to change the line be¬
tween Hall and JBanks. , .,
Mr. Bozier of Banks, reported a bnl to render the estate
of deceased persons and of minors liable dor Medical services
rendered negroes of each estates during the- time for which
they are hired. *
Mr. Sprayberry of Catoosa, reported a hill to compensate
William T. Williamson, for services rendered the State of
Georgia in 1851 and 1852.
Mr. Hartridge of Chattham, reported a bill for the relief
of thn securities upon the bonds of substituted trustees.
Mr. Screven of Chatham, reported a bill to give the re¬
ceiver pf Tax. Returns of Chatham county* certain commis¬
sions.
Mr. Delony of Clarke, reported a bill to change and regu¬
late the fees of Attorney's General and Solicitor's General
in this State.
Also, a bill to arriend An Act entitled An Afct to incorpor¬
ate the Yahoola Rivef and Cane Creek, Hydraulic Mose
Mining Company, assented tb Dec. 11,1S5S.
Also, a bill to incorporate the Etowah and Aurarica Hy¬
draulic HoseMining Company.
Mr. Glass of Clayton, reported a hill for the relief of Berry
Chapman of the county bf Claytoh.
Also, a bill for the relief of J. C. Smith formerly of Fay-
i now Clayton county.
Mr. Smith of Coffee, reported
A bill, fixing thp time of hblding the Inferior Courts in
the codnty of Coffee.
Also, a hill tb change fhe lines between Irwin and Coffee.
Mr. Johnson of Carroll, reported
f n i-ncorPorate the town of Bowderf in the tounfy
oj Carroll, and for other purposes.
Mr. Colvard of Columbia, reported
A bill, to entitle ^Viljiato Sfitterwhitp of dplbmbia coun¬
ty to manumit a slave.
Mr. Tatum ofi Dade, reported
MONDA^ November 7^, 1S59. 49
Abill* td repeal so much of An Act entitled A11 Act, to
extend tlie eorporktioil limits of tlie town of Hamilton in the
county of Harps and other places therein named, and to in¬
corporate the town of Trenton in Dade county ^ approved*
Feb. 18th, 1854, so far as relates to the town of Ti^n-,
ton; And, to provide for working the streets of fhe*town of
Trenton.
Mr. Terrell of Decatur* reported
A bilP, to incorporate the Bainbridge Volunteers.
Also, a bill incorporate the Bainbridge and Florida Rail¬
road Company.
Mr. Hly* of Dougherty, repotted
A Bill, To provide for the compensation of Sheriffs for
summoning nf 0-ranc? and Petit Jntors, in the County of
Dougherty, and to levy a Tax for the kairte,
Mr. Henderson of Fayette reported
A Rill, For the relief of "\Villiam Redwine, of the cOun«-
ty of Fayette.
Mr. Brewton, of Forsyth, reported
A Bill, To allow the Superintendents of Sll Elections
precincts without the limits of a City, Town, 01; Vilfage of
the State, to close the polls of such elections after the
hour of 4 o'clock* P. M., and, for other purposes.
Mr. Thrasher, of Fulton, reported
A Bill, To extend aid to the Oglethorpe Medical College
at Savannah, Geqrgia.
Mr. Lewis, of" Greene, reported
A Bill, To abolish the public execution of criminals, con¬
demned to death by the Laws of Georgia, and to provide for
their*Execution in private* (
Also, A Bill, To expedite the progress of certain cases ta¬
ken up to the Supreme Court, by Writ of Error. '
Afso, A Bill, To amend the third, seventh, and twelfth
Septiobs of the first Article of the Constitution of this
State.
Also, a bill for'the relief pf a portion of the legatees of
William Watspn deceased.
Mr. MeWhorter of Greene, reported
A hill, to protect and encourage the erection of artificial
fish ponds and to make any tresspass on the Same penal, and
fqi; other purposes.
Also, a hill for the relief of Miles G. Brown.
Mr. Mullens of Harris, "reported
* A bill to amend the Road Laws of this S^ate, so far„as re¬
lates to the County of Harris.
Mr. Harper of Henry, reported
A bill for the relief of John F. Jackson.
Also, a bill fqr fhe relief of Reuben Kelly of Henry equn-
ty.
4
50" JOURNAL OF THE E&USE.
Mr. Greene pf Houston, sported ^ of FoEij
A bill to amend An Act to inborpor proyjde for the
Valley in the county of Houston;^°Xed March 3d,
election pf Coihmissioners for the same, app
1856. , m
Also, a bill to amend An Apt to incorporate .4 corps oi
Infantry in the town of Fori^
Also, to incorporate the (Jgieinorpt; o c .
Savannah, and to confer certain privileges on , p
proved Dec. 11,1858.
Mr. Young of Jrwin, reported .
A bill to appropriate money for the erection of a turn-pike
and bridge across Allapaha near IrWmville on the road trom
Jacksonville, Telfair cpunty to the town of Albany.
Also, a bill to consolidate the offices of Tax Collector and
Receiver of the county of Irwin.
Mr. Howell of Lowndes, repotted
A bill to remove the county site of Lowndes cOunty, and
to fchange the lines of Lowndes county, and for pther put-
poses.
Mr. HolmeS of Laurens, reported
A bill to add a portion of Johnson county to Laurens coun¬
ty-
Mi*i McDaniel of Lumpkin, reported
A bill to provide for the- proper distribution of the CPm-»
mon school fund in the ctfunty of Lumpkin.
Mr. Hopkins bf Mcintosh, reported
A bijl to change the times of holding pertain elections.
Mr. J ones of Mitchell, repprted
A bill for the relief of Seaborn Stringer, pf the county of
Mitchell. ° J
Mr. Fannin1 of Morgan, reported
A bill to provide for a «all of & convention to reduce the
General Assembly of the State of Georgia and to make such
other alterations'ill the Constitution as may* be deemed es¬
sential, and for other purposes.
Also, a bill to repeal An Act authorizing the Georgia Rail¬
road and Banking Company to build* k branch road to the
town ojfoEatonton in Putnam county, and to increase the
capital stock of Said Company, assented to on the 11th* of
December 1858.
Mr. Dixon of Muscogee, reported
A bill to alfow.Nicholas A. Long of the State of Florida to
otters testamentary according to law,, now of force in
this State, upon, thp estate of John ,Long deceased, of Washr
mgton county.
Also, <a bjill for t"he relief of teachers of poor children of
Mus'cogee copnty, in the *year 1853.
MOHDAX NOVEMBER 7th, 1859. 51
A^q, a bill to give Charles K. TVry a nripor of the coun¬
ty of Muscogee) the Same privileges and make1 him subject
to the same liabilities as though he were of lawful age.
Mr, Williams of Musoogpe, re^brtted
A bill to amend Aih Act entitled An Act to incorporate
the Columbus Sayings and Mutual Loan Association, ap¬
proved March 1st, 1856.
Mr. Stewart of Newtom reported
A bill for the relief pf J. 0. II. P. Hei^derSon: <
Mr. Sweat of*Pierce, reported
A bill authorizing the Inferior Court of Pierpe county to
assess an extra tax, fouthe purpose of building a JaiHn said
county.
Also, a bill to appropriate a stun of mpney to have ob¬
structions removed from Allapajla river and render the §ame
navigable for timber, rafts, lumber, wood, &c.
Mr. Mitchell of Pike, reported*
A bill to phatigethe names of certain persons a*nd to legit¬
imize the samp.
Mr. MejDbnald of Murray, reported
A bill authorizing the Inferior Cohrt of'Hurray ccunty to
levy an extra tax- f
Mr. Taylor of Randolph, reported. ^
A hill to Constitute Cuthbert in Randolph county a
•city.
Mr. Delamap of Pulaski, reported *
A bill to iucorporate the town of Hawkinsville in the
• county of Pulaskf. '
Mr. Bolden of Taliaferro, reported
A bill to prescribe the liabilities of in certain pases of per¬
sons hiring slaves.
A^so, a bill to establish an armory in this StatS for the
manufacturing of arms* and for other purposes.*
Mp. Coleman of Randolph, reported
A bill to amendjfhe road laws of this State.^
Mr. Fain of Union, reported %
A bill to provide for the payments of Solicitors General,
and for other purposes.
Mr. Vanover of Terrell, reported
A bill to change the times of holding the Inferior Courts
of the county of TerrelL
Mr. Patriqk of Spalding, reported
A hill to amen,d the Charter of the'Griffin Light Guards 6f
the city of Griffin.
Mb. Fa*ip of Union, Reported
A bill to repeal An Act increasing thC salaries of the TIx-
eputiver an<J of the Judges of the Supreme and Superior
Courts of"this State) assented to December ?2d, 1857.
52
JCfURNAL OF THE HOUS&.
Mr. Pilch#- b( Warreh^epbrted ^ coimty to pay
A bill to iiitl'iorfze the Ordinary o r
certain money.
* P***ia tie first €on'
Court Of Wart, to
levy an extra tax. , ,
Mr Brdyles of Whitfield, reported "Oivisiot,
A bifl to grid an additional section to the twelth Division
of the Penal Cade. . , T|.
Alsrf, a, bill to compensate witnesses m tjhe Militia Dis¬
tricts* of this State.
Mr. Forttfer of'Wilcox* reported
A bill consolidate the offices of Tax Receiver and Collector
iti'the county of Wilcox. „
The f^lojving message ^Tas received from the Senate by
Mr. West their Secretary. «
Mr Speaker:—I <am instructed by the Senate to inform
the House of Representatives that the Senate have passed
resolutions endorsing and approving the* course of President
Buchanan and Gov. Wise? at the late attempt at insurrec¬
tion at Harper's Ferry, in which they ask the -concurrence
of the House of Representatives.
1 am also instructed to inform the House of Represents
tivesthat they have passed,
A Bill to be Entitled an act to change the time of holding
th Superior Courts in the counties of Lowndes, Brooks and
Thomas, in the Southern Judicial District!
The following1 standing Committees were appointed by
the Speaker;
Qnthe State of pie Republic:—Messrs. Smith -of Towns, Ely,
Hartridge, Harris, Faifoiu of Morgan, Gibson of Richmond
McCombs, Lockett, Lofton, Taylor, Lewis of Hancock* Rozi-
er," Knox, Holland, McEvCr, McRea, Tnggle and Dela-
mar,
■ On the Judiciary:—Messrs, Lester, Hartridge, Fannin of
Morgan, Lewis of Greene, Ely, Copk, jGibsqn of Richmond,
Alexander, Sprayberry, Lofton* Pixon, Delony, CuRens,
Solomon, Brown of Sumter, Rain ofUnion* Harris of Glynn,
Henderson of Newton, Tuggle and Key. ^
On Agriculture and Internal Improvements :—{Messrs. Wil-
liafos of Muscogee, Harris of Glynn, Screven, Polvard, Fan¬
nin of Troup, Lofton, Lewis of Greene, Lewis of Hancock.
Gibson of Richmond, Smith *o£ Towns, Pain of Gilmer,
Ihrasher,^ Spaith of Bryan, Whaley, Hopkins, DefonV, An¬
derson, Finney, Patrick, Minfz and Render,
On public Education .-—Messrs, LeVus of HAncock, Rhy,
Kennon, Lumpkin, Norwood, Strickland, Hopkins, Bel&mar,
HOUpAY, lJOVJE^BER 7th, 185?. 53
Davi^l, Cook, Fain of Gordon, Green pf Cobb, Simp, Barks-
dale, Coivard, Grovensfeni, "Woffoad, HoTsley, Hefringten,
Gibson of Warren and MoComb.
■On FAmzcesc—--Messrs. Lewis m Greene* >Smitli pf Towns,
McWhprter, Heath, Harkness, Felony, Bivins, BrantUy,
Jlrown of Houston, Wilson* Wicker, Tiymer, Fafour,, Hafper
of pointer, McDonald of Murray* Cook, flqjlenian, Patrick,
tannin of Troup and Key, •
Oh% Bftnks:—Messrs. Hartrjdge, Gibsdh of Mchmorid,
Dixon, Dbprfeart, Clarke of Elbert, Wh^ley, Anderson, Mc-
Lendom, ffokten, Lester, Baugh, Loftoii, Fafcell, Rrinsoii,
Fleming, Pdch.hr', Thrasher, Grovenstein and Smith of
Brykn. , # •
t On+ Enrollment:—Messrs. David, ^ones ©f Mitchell, Lump¬
kin* Dixon, Swbat, Causey, Brewton of Tattnall, Gflass, Fain
01 "Union, .Henderson of Newton, "Mjc^ants, Holnies, JpMson.
Wfrson and Key.
0(i the Per^itci^tlavj:—Messrs. McWhorter, McComb, Mit¬
chell, Morris, Hogans, Hicks; Cason, friyiham, Ragsdale,
Reefer, Woriey, Mintz^ West, Cullena, Brewtpn of Forsyth,
Stewart, Delamar Delony and Coleman-
Qtu PuUif Pvinlifig:—Messrs. Sprayberry, All^n, Brant-
hay# D^nief, Blakey, Rhodes, Henderson of" Henry, Tat^m,
Walton, Fadghn? TJnderwo.od, Toggle, TerrCll? Anderson,
. Winiaips of Muscogee, and Lester.
Tfp House took up the report of the Committee on the
bill to authorize the? Justices of t/iQ Inferior Court of jWle
county, tp lC^y .an *Qxtra tax to compensate the Grand* and
Petit Jim&rs of said cotinty* f
The report was agreed to, the bilf was* read thp third time
and lost.
The House took up the report oh the Committee oh the
bill, to Incorporate the Lucy jCabb Institute for the ecbica-
tion of youngdacfies, in fhejown o# Athens.
Wliich rhporf was agreed to, and the Jul! read the third
fime and phssed. ;
^Iso, the report of the comhlittee on the bill to he entitled
an act to Itmeiii the phpfer fof the South-western Railroad
Company, ami to authorize an increase df the capital Mock
of said Company,
^yiiick report was agreed to# and the bill read a third time
land passed. i
The House took up the report of the Committee on the
bill to be*entitled an achto induce the Sheriff St bond in the
County of Whitb.
The report Vas agr^efl pQr the bill jvasread the third time
and lost.
The House took up .the report bf the Committee pn the
bifl to be entitled an hcRtfo appropriate money to detiay the
expense^ of tile" pupiR of^fhe Georgia Academy for the blind
54
JOURNAL OF THE HOUSE,
and to piuvidefurniturer,-apparatus and bodks for said Acad¬
emy, and the same \jras on motioh of Mr. Lewis of Hancock,
referred; to the Committee ®n the Asylum for the Blind.
Tie Holise took up the report of the fJominittee on the
bilf to authorise the Inferior Court of Richmond county, to
leyy an extra, &g. . .
The'report Wets agreed to, tjie bill was read* the third time
and passe$. t
Mr. Smith of Hall, presented a memorial praym^ trie be¬
lief Mrs. Angelina "Winters, signed by Various citizens of
Hall county.
Which was read and referred to, the Judiciary Commit¬
tee:
Mr. Key of tamper, also presented a memorial prating for
the relief John R. Dyers, exeautdr of Anthony Dyer,-de¬
ceased, of the coUnty ofdhspef.
Which was referred t6 a special committee, consisting of
Messrs. Ke,y of Jasper, 'Smith of Towns, Delbjiy, Strickland
and Lofton withftut being read*
Mr. David of Forsyth, offered the following resolution,
Resolved* That fhei Spegke* appoint a fcomrpittee of three
to- fix the hburs of iheefiugs and adjournments of the House
of Representatives.
Mr. Lester of Cobb, offered the following resolution,
ResolveThat ttfet portion of the 'Governor's message,
which relates to a change of the Constitution of this State,
so a^to reduce the number of Seiiators and Representatives,
fee referred to a special committee of ten, fep <app6inied as
there shall he on^ lhember from each. Congressional restrict,
on said cpmrnittee, w*hote duty it shall he to consider the
entire quesitons invoked in such.change of the Constitution,
and report to this House by Rill or otherwise.
Mr, Tatum of Dade, offered: the following preamble and
resolution,
Whereds, The present condition of the Militia of Georgia,
is entirely unknoym sp far as^regards the effective service,
and whereas the Militia laws of this State need, revision1 or
abolition, and for the purpose offmore*effectually and directly
to attain, the desired end, so necessary to action on this
point:
Resolved, That a committee of one from each Congres¬
sional District he appointed by the Speaker, to take^into
consideration the laws of fliia, State relative to the Militia,
and report such mfornlatlon thereon as tpey can obtain, to¬
gether with Such alterations or revisions as in their judge¬
ment the prefeenf cifcrhnstanceS muy justify. °
Mr- Broyles of Wliitfjeld, offered the following resolu¬
tion*
Resolved % the Senate and Hoysfrdf Representatives iji general
Assembly met, .That Troth braches or the General Assembly
MONDAY, NOYiJMBER 7th, f§59.
55
convene ip the representative Hall on Wednesday next at 10
o'clock, A. M.„ and proceed to the election of a United States
Senator for^hf years," from the 3d day of March 1861; all of
which were read and by rule of the Hoiise postponed until
to-morrow.
Mr. Lewis of Hancock, offered the following resolution:
Resolved, That the Clerk of the House order one thousand
additional topics of the report of the Comptroller General,
for the use of its'members, moving a, suspension of the rules
to take up the safne, which, motion prevailing the- resolution
was agreed to.
Mr. McWhorter of Greene, moved that tlie House do how
adjourn.
Upon which motion Mr. Tatum of Dad6j» required the
yeas and nays to be recorded.
JChere are yeas 90. There are nays 61.
Those who voted in the affirmative are Messrs t
Anderson,
Barksdale,
Blakey,
Brantley* HoganS,
Brown of Houston, H'olden,
BroWn of Sufnter,
Causey,
Clarke of Monroe.
Cock,
Henderson of New-Perry,
ton, Pilcher,
Henderson ofWorthPitts,
Prespott,
Holloman,
Howell Cf Milton,
Irwin,
JCnes of Mitchell
Kennon,
Rnowles,
Lewis of Greene,
Golvard,
Coleman,
Cohley,
Cullens,
Delaftiar,
Dixon,
Echols,
Ector,
Ely,
Fain of Gilmer,
Fhnhin of Morgan,
Fjmnin of Trdup,
Partner!,
Gay,
Grovpnstein,
flarkness,
Harper of Henry*,
Harper bfSmtfter, Mullens,
Harris. Nobles,
Hartridge, Norwood,
Henderson of Hen-Parks,
ry, Patrick,
Price*
Register,
Render,
Rhodes,
Richards,
Rozi-er,
Settle,
Situs,
Smith of Coffee,
Lewis of Hancock, Smith of Hall,
Lester, »Smith qf Twiggs,
Lofton, Solomons,
Lumpkin* Stewart,
Lumsdell, Sweat,
McComb, Tapley,.
McCrairy,. Taylor,
McDonald of Lump-Thrasher,
kin,
McG&r,
McWhorter,
Mintz,
Morris,
Turner,
Ttigfgle,
UndqrwdCd,
Vanover,
Walton,
Whaley,
Whittle,
Wicker,
Williams of Clinch,
Yonn^,
56 JOURNAL OF THE HO USE*
Those who voted in the negative aie Mrtsisr.
Alexander, Green of MitcfteH
Allan, Gr^enofHe^on, Mitcheri,
BJftgh, Herington,
Bivins, Hicks,
Broyles, HockenhuII,
Brewton of Forsyth, Hopkins,
Brewton of Tatt- Hurst,_
nal,
Daniel,
David,
Delony,
Earl,
Eberh/nt,
Edmondson,
Fain of Gordon
Fain of Union,
Fhrnell,
Fleming,
Hutchms,
Johnson,
Joiner,
Jones <^f Rabun,
Keeling,
Kelly,
Key,
Rnox,
Mays,
McCants,
gMcDonald of Mur-Ware,
ray, West,
Woffbrd.
Wortey,
Pattbn,
Ragsdale,
Reecfer,
Beott,
Screven,
Selman,
Sharpe,
Smith of Bryan,
Smith of Towns,
Sockwell,
Sprayberry,
Strickland,
Tatum,
ferrell,
Vaughn,
Finpey,
Gibson of Warren, McEver,
Goodman, McLendon,
*
So the House adjourned to Ipto'clock, A. M., tob-mofrow
morning.
TUESDAY, NOVEMBER Sth, 1S59.
The House met pursuant to adjournment
'On motion of Mr. West of White, so much of the Joufnal
of yesterday as relates to the reflection of the hill to reduce
the Sheriffs bond of the county of WhijA, reconsidered.
On motion of Mr. Tatum 6f Dade, sq nluclj. of the Journal
of yesterday was reconsidered as rebates to the reflection of
the bill to compensate the Grand and Petit Jurohs of the
county of Dade, and to authorize the levying an extra tax
for the same.
The House took upthe report of the committee on the re¬
considered fij.ll to reduce the Sheriffs bond of the county of
White. J
The report was agreed to, the bill was read the third time
and passed.
The House fook up the report of the copnmfttee the
re-considered bill to compensate the Grand and Petit Jurors
TTJ£SDAY,i NOVEMBER 8th, 1859. 57
of the county of £>ade, aftcl authorize fheievyingj of ail extra
tax fol: tips purpose.
The«reporf was agreed to, the bill was read the third timd
and passpd« ,
By unanimous consent of the House Mr. Lester* withdrew
the resolution offered by him on yesterday,*relative to the
appointment of a oonimittcte to consider that portion, of the
Governor's message which relates to proposed, alterations of
the Constitution of this State.
The House also gavethe^r cdnsent and Mr. Saturn, of Dade
withdrew hi^ resolution of yesterday, in reference to the ap¬
pointment of a committee to investigate and? report m re¬
gard to the Militia laws offthis State, &cJ
The folk>wifig resolution was takpn up and hpreecfto wit^:
Resolved, That the Speaker appoint a committee ©f#thr<^5
to fix the hours of nffeetingk and adjoiirment, of the Hquse ©f
Representations. # ♦
The Speaker appointed under the same, Messrs. David,
Lew^s of Hancock and Harris"of Glynn. ♦
The House tpok dp the resolution offered yesterday by Mr
Broples of Whitfield proposing to elect a United State Sena¬
tor op to-morrow at 10 o'clock, A. M. „
Mr, Hartrfdge of Chatham, offered the substitute which
was, received, to-wit:
Resolved, That it is the senSfe of this House that tire vacan¬
cy to occur in the Senate of the United "States, hy the expir¬
ation of the term of the Hon. Alfred Iv-erson on the 3d March
186i, should not be filled by election, until the next Session
of thistLegislature. •
Upon the question of agreeing to the substitute as adopt¬
ed, the yeas and nays were required by several gentleman tt>
be recorded.
There are?yeas 83, there are nays 75.
Those who voted in the affirmative are Messrs r
Alexander, Cook, Henderson -of Hen-
Allan, Delony, ry.
Anderson, Xfufour, Henderson of Ifew-
Hlakey, Ear*, J ton,
Brantley, Fain, of Umqn, Herrmgton,
Brkisofi, Fannin pf Morgoh, Hogans",
Bnowit of Houston,Fannin of Troup, Holden,
Brown of Sumtpr, Fleming* HoHoman,
Brewton of T/itt-» Gibson of Warren, Holines,
pall, Gqodman, HopkinS,
Causey, * Gfeen of Cobb, Howell ®f Lowndes,
Clarke of Elbert, Groveflstefp, Howell of Milton,
Clarke of Monroe* Harper of Henry, Hurst,
Cplvard, Harper of Suidter, ffutchias,
Colenian, Hattridge,
58
JOURNAL 0F THE HOUSE.
J opes of Rabun, t Mpita,
Kelly,
Kennon,
Key,
Knpwles,,
KnOx,
LOwis of Gfeene,
Letter,
Lumpkin,
Lulu sd ell,
McCrairy, r_7
McDonald of Lum- Screven,
kill, Settley
McWhortef, Eelmkn,
Mullens,
Nobles,
Norwood,
Parks,
PilCher,
Pitts,
Ragsdale,
Register
Reeder^
Rhodes,
Shaigm,
Smith -of Bryan,
Sockwell,.
Sprayberry,
gtewart, *
Strickland,
Terfell,
Thrasher,
Turner,
Underwood",
Vanow,
Walton,
WesL
Wopley.
Those Vho voted in the negative were* Messrs :
Barksdale, Hardin, Perry,
Baughy Hdrkness, PricO,
BHins, Harris, Render^
BrOyles, Hendergon of WorthRichard,
^ - Trr« 1
Bre^ton of Hous-Hicks,
ton,
Casen,11
Cbck,
Conley,
Cullens,
David,
Delamar,
Dixon,
EberhaA,
Echols,
Ectdii
Edmondson.
Ely,
Faip of Gilmer,
Fain of Gordon
Farnell,
Kinney,
Fortner,
GCj,
Glass,
Graham,
Hockehhull,
Irwin,
Johnson,
Joiner,
Jones Cf Mitchell,
Keeling,
Lockett,
Lofton,
Martin,
Mays,
McCants,
McComb.
McDonald of Mpr-,Whaley,
Whittle,
Wicker,
Rozier,
Scott,
Sims,
Smith of Cofibe,
Smith of Hall,
Solomons,
Sweat,
Tapley,
Tatum,
Taylor,
Tugglb,
Yaughh,
Wajfe,
ray,
McEvpr,
McGar,
McLendon
McRea,
Mitchell,
Morris,
Patrick,
Williams of Clinch,
Williams of Musco¬
gee,
W ilsony
Wofibrcf,
Young,
Gredh Of Houston, Paijton,
So thO same, was agreed to.
The following bills wCre* i'Oad the second time ancj com¬
mitted, fat the third reading, ta-wit:
TUESDAY^ NOVEMBER 8th# 18-39.
A bill »to render the estates of deceased persons and, mi¬
nors liaple for medical services rendered, negroes of said es¬
tates during the time for which they $re liired.
A hijf to change the line between the comities ef jHall
and Banks.
A bill fof the relief of BeVry Chapman of the county of
Clayton-. ,
A bill to rfepeal, so much of an act entitled an net to ex¬
tend the corporate 'limits of the town of Hamilton, in the
county of Harris, and Other counties therein named.
An^ t° incorporate the town of Trenton in the county of
Dade, approyed Febru,ary ISth, 1834, as related totheftneor-
poration pf the town of Trenton, and to provide for work¬
ing the streets of the town of Trenton. *
A-bill to autkopze Williarn Satlewffite of Columbia coun¬
ty, to manumit a slave.
A bill to change the line between tliq counties o£ IrWin
apd Coffee*
A bill1, to ^provide for fhe compensation of Sheriff's for
summoning Gr^nd and Petit Jurors, in the county of Dough¬
erty, arid to levy & ta$ for the* Same.
A bilUfiying the time t)f holding the Inferior Courts in the-
county of Coffee.
A bill for the relief Of William Redwine of Fayette coun-
9
A bill to allow the Superintendents of all elections at
precincts wfthdjit the limits of a pity, toWnoi; tillage in this
State, to clpse t/ie polls' of Such elections aftef the hour Of
4 o^clock, P. M., and for other purposes.
A. bill "to incorporate the Bainbridge Volunteers.
A bill to incorporate tKe Bainbridge and Florida Railroad
Company.
A bill to extend aid to the Oglethorpe Medical College of
Savannah Georgia.
A bill fpr ihe relief of Miles G. Brown,,
A bill -to- protect and encourage the grection of ai^ificial
"Irish Ponds" and to make any trespass on fho same penal,
and fqt other purposes.
A bill for the relief of John F. Jac^son*
A bill for the riffjefpf a portion of the-legatees of
Williatn Watsdn, deceased. *
A bill to amend an act incorporting the town of port Val¬
ley hi the county of Houston, ancf to provide for the elec¬
tion* of commissioners for the ^apie, approved March 3d?
1856.
A bill to alter and amend the rpadlaws of this State, so far
as rplates to the county of Harris.
A bill to add a poytipn, of Johnson to Laurens county.
A bill to consolidate fhe offices of Tax Qollector and Re¬
ceiver in the county of IrWin.
60 J0UR^AL OF THE HOUSE.
A bill to amend an act incorporating a corps of Infantry
in, the to^n of Fort Valley, and also to Incorporate the Ogle¬
thorpe Light Infahtry of toavannah, and to confer certain
privileges upon the same, approved December Lfth, 18-53.
A bill to repeal an act to authorize the Georgia Railroad
arrd Ranking Company, to build a branch road to the tcrvvn
o^fCatonton in Putnam county, and to increase the capital
stock of said Company, assented, to pn the .11th December,
1858. "
A bill for the relief of Seaborn Stringer of the County of
Mitchell.
A hill f o remove the county site of Lowndes bounty; to
change the lines of paid county, and for other phrposes,
A bill to ameiid! an ac^t incorporating thS Colpmbus Sav¬
ing^ and Mutual '"Loan Association, approved March, 1st,
1856, _
#A bill authorizing the Inferior Court qf Pietce county,, to
asspss ail extra tax for the purpose of building a jail, in said
A bill for the relief of teaches*of poor ckildrenin Musco¬
gee coupty in the year 18p3.
A bilj tol appropriate money to remove obstructions from
tha Alapaha river, &c.
A bill to give to Charles N. Perry, a ffrinOr of the
cotmty of Muscogep, tlie §ame privileges) and make him sub¬
ject to the«same liabilities as (though he were of lawful
age.
A bill for the relief of J, G. fL P* Henderson.
A( bill to prescribe the liability in certain* cases, of per¬
sons hiring slaves.
A bill to constitute the town of Ciifhbert, Randolph Coun¬
ty a city, and for other phi-poses.
A bill1 to authorize the Inferior C^ourt of the county of
Murray, to levy an extra tax of sevenfjvfive pep cent On the
State tax, and for other purposes.
A bill t6 repeal an aet to increase th,c salaries of fhe Exe¬
cutive, and Judges Of islie Supreme -ahd Superior Cqurfs of
this State, approved December 22d, lSo7.
A dill to &mend fhe 4-oad laws of this State*
A hill to change the time of holding the Inferior Cours in
the cpimty ofTprrelLg
A bill to amend anacj; granting certain powers and privi¬
leges to flie G ldfim Light Ghard, of the city of Griffin, Spald¬
ing comity Georgia, Assented to December 22d, 1857.
A bil], td incorporate the town of Hawkinville in the
Cpunty of Pulaski.
A bill consolidate fhe offices of Tax Collector and Re-
Ceivefy of the ehqnty pf Wilcox.
A hfll tp Authorize theOrdinary of "Warren county fop&y
ffioney, &c.
TUESDAY, NOVEMBER 8th, 1859.
61
A hill to authorize the inferior Court. of Ware county to
levy an extra tax for the purpose of building* a Court House
in said county.
*Th® following bills were read*the second time ancl, referred
to the Judiciary Committee, to-wit j
A hill for the relief of the securities upon the bonds of
substituted trustees.
A'bill to change and regulate top fees of the Attorney Gen¬
eral and Solicitor's General of this State.
A bill to expedite the progress of certain cases taken up
to thh Supreme Court by writ of error. '
A bill to abolish phblic execution of criminals condemn to
death, and provide for their execution in private.
A bill to change t)ie time of holding certain elections'.
A hill to ptovide for a call of a conviction to reducC the
members General Assembly of the State of Georgia, and for
other purposes.
A hill to provide for the payment #of Solicitors General,
and other officers of Oourtj &c.
A bill to add an additional section to the twelfth division
of tfte Penal Code of this State, and
A hill to compensate witnesses in the various Militia Dis¬
tricts in this State.
The following bills were read the seconchtime and referred
to the committee oh Education, to-wit:
A bill to incorporate the town ofBowden in Carroll coun¬
ty, and? for other purposes* and *
A bill to provide h>r the proper distribution of the common
school fund in the county of Lumpkin.
The following bills were read the second tipie and de¬
ferred to the committee on finance, to-wit r
A bill for the relief of J, C. Smith formerly of Fayette
now of Clayton county-
A bill to compensate William T. Williamson, for services
ijepdered the State of Georgia, in 1851 and 1852.
A hill to give the Receive^ of Tax Returns of the county
of Chathaih, certain commissions j and
A bill for the relief of Reuben Kelly of Henry county. _
The hill to alter and amend thp 3d, 7th and 12th section
ofithe 1st. Article of thp Constitution, was rehd the 2d time
and referred to the Cppimittee on the State of tlje Repub-*
lite.
Mr. Mitchell of Pike, withdrew the hill to change the
n^tnes pf certain persons, apd to lpgetimatize the same, by
the bnanimous consent of the House.
The following bills were read |he second time afid referred)
to the Committee oil Agriculture and Internal Improvement,
to-wit:
62
JOURNAL OF THE HOUSE.
A Mil to Be entitled an hct to incorporate « The Y&hoola
Eiver and Oane Creek Hydraulic Hose Mining Company, as¬
sented to December 1.1th, 1858. ^
A bill to incorporate fthe Etowah and Aurana HyarauEc
Hose Mining Company.
The bill to be entitled ail act to establish an Arihory m
this State for the manufacturing of arms, and for othempur-
poses, was read the'second time and referred to the Com¬
mittee on» Military affair^. _
The bill to appropriate money for the erection of a Turn
Pike and Bridge across the Alapaha river near Irwinvill, on
the rodd from Jacksonville, Telfair county, to the town of
Albany, was read the second time and referred to a special
committee consisting of Messrs. Youngs Solomons, Ely, Mc-
Combs and BrOyles.
■phe following bills were read the second time and ordered
to be engrossed, to-wit :
A bill to allow Nicholas A. Long from the State of Flori¬
da, to obtain letters testamentary according to the laWs of
force in this State, upon the estate of John Long deceased,
6f Washington bounty, and
A bill to allow Stephen Williams of Pierce County and
John Taylor of Ware county, to peddle in the first Congres¬
sional District without paying for license.
The bi'll of the Senate to change the time of holding the
Shperior Courts in the counties of Lowndes, "Brooks and
Thomas, in the Southern Judicial Circuit, was read the sec¬
ond time and Committed for a third reading.
The following standing committees "were announced by
the? Speaker, to-wit:
On Journals.—Messrs. Colvard, Earle, Echols, Fleming,
Kelly, Lofton, Fannin of Morgan, Irwin of Washington,
Keeling, Pattop, Perry, Pitts, Richards of Carroll, Clroven-
stein and Holland.
On "the Lunatic Asylum.—Messrs. Screven, Williams of
Muscogee, Lester, Anderson, Lumpkin, Harris of Glynn,
Greene of Houston, Pitts, Pricq, Fannin of Troup, Ely, Mor¬
ris, Mitchell, Pilcher, Brantley, Martin, Mays, Sockwell and
Gibson of Warren.
On the1 Deaf and Dumb Asylum.—Messrs. Gibson of Rich¬
mond, Alexander, Lockett, Greene of Cobb,"Thrasher, Har¬
den, Lumsden, Mullens* Ware, GUUens, Wliitfle, Hurst,
Hutchins, Prescott, Pitts, Clarke of Elbert, Smith of Towns,
and Stewart.
On the Asylum for the Blind.—Messrs. Lockett, Hartrjdge,
Finney, Gay, Clarke of Elbert, Joiner, Pitts, ^Hicks, Barks-
dale, Sims, Vanover; Williams of Clinch, YoUng, Smith of
Hall, Smith of Twiggs, Little, Scott. Edmondson, Knowles
•and Harper of Henry.
TUESDAY, NOVEMBER 8th, 1&59.
On Mamfaauresr±-&l<!ssxsi. Harcljn, (?oo>(3Wn, Forfoer;
Henderson of Worthy Hockenhull, Howell, of Milton^Jofies
of Rabun, McCrairy. McDonald of Lumpkin, Nobles, Regis¬
ter, Parks, Tapley, Sjj^arpe* Riti&ards, Smith of Coffee, Mc-
Gar and Howell of Lowndes*
<On Odnsolidation of Bills.—'Messrs. Fannin of Morgan, Col-
yard, Defimy, Lofton, Key and Kennon.
Qn Petitions.—Messrs'. Lofton, Rozier, Gansey, Broyles,
Farnell, Underwood, Holland, Brantley, Anderson, Pa¬
trick, Dixon, Hutchins, Mitchell, Mullens, Eberhart, Cook,
McDonald bf Murray and Hicks. #
On, Military Affair$.—Messrs. Ely, Williams of Muscogee,
Greene of Cobb,, Johnson, Gibson of Richmond, Anderson,
Holden, Wofford, Strickland, MpEver, Fhnnin of Trpup,
Smith of Twiggs, Irwin of Washington, t-ewis of Hancqck,
Graham, Tatum, Coleman, Knowles, Ector, Echols and
Conley.* *
The House then adjourned until 10 o'clock, A. M., to¬
morrow morning.
WEDNESDAY, NOVEMBER 9th, 1859.
Thn Hpuse met pursuant to adjournment.
ft ft ♦
The following Bills were reported and read, the first time,
to-wit:
Mr. Anderson reported,
A bill to ^be entitled an act to prescribe the number of
continuances to be* granted in, civil cases in the Superior
Opurts of this State, and to regulate the granting of the
same, and for other purposes.
Mr. Tuggle, of Campbell,- repotted,
A tpll to add an additional section to the first division of
the Penal Code of this State. And,
A bill to amend an act to abolish imprisonment for debt,
and for other purposes, assented to lltjh December* 1858.
Mr. Sprayberry reported,
A bill to be entitled an act for the relief of the Union
Branch Railroad company, and for other purposes. And,
A bill authorizing Judges of the Superior Courts to allpw
special and petit jurors provisions while engaged in the trial
of causes, and ftqj Other purposes.
Mr. Hatdpn, of Cass, reported,
A -bill to amend the law in relation to thd foreclosure of
mortgages on, real property* and the said thereof, and to
prescribe a tbrpa for; all mortgages, and for other purposes.
Also*
64 JOURNAL OF THE HOUSt,"
AUill £o amend the law in relation to pleac&ng and amend-
mdhts thereof, apd for other purposes therein mentioned.!
Ameniorial of the Cass County Agricultural Fair, which
on motion, was referred to a special committee of favd, can-
sistihg of Messrs. Harden, David, Delony, Ely and M'c-
Whorter. .
Mr. Wofford of CasS presented a memorial of the Hon.
Mafk A. Cooper, which, on motion, was referred without
being read to a special committee, consisting of Messrs.
Wofford, Smith of Towns, Lewis of Greene, Lewis of Eum-
cdck, Fannin of Tiioup, Price, and Harris of Glynn.
Mr. Whittle reported, ,
A bill to exempt from levy and sale in the hands of pur¬
chasers and oth,ers obtaining the game, all property exempt
by law whilst in the hands of debtors.
Mr. Hartridge of Chatham offered a resolution to place
the newly painted portrait of General James Jackson in the
Hall of Representatives, instead as originally provided in the
Executive Department.
Mr. Greene of Cobb reported a bill providing for citizens
of other States and Territories 0f the United States to
act as Executors, Co-Executory and Administrators in this
State under certain, circumstances therein mentioned.
Mr. Lester of Cobb reported,
A bilt to regulate the practi.ce in the Superior Courts of
this State in certain cases, and for other purposes. And,
A bill to repeal an act to authorize the business of bank¬
ing, Und to regulate the same, assented to &6fh December,
1838.
Mr. Scriven, of Chatham, reported,
A bill. to. amend an act for "the better regulating fences in
the Province of Georgia, approved Mardh7fh, 1,759.
Mr. Tatum, of Dade, reported,
A bill to alter and amend the 3rd and 7th sections of the
1st article of the. Constitution of this State.
Mr. Lumpkin, of Clark,-reported,
A bill to prohibit the post mortem manumission of slaves.
Mr. Cullens, of Clinch, reported,
A bill to empowel Ex-Judges of the Superior Courts to
sign Bills of Exceptions in Certain cases.
Mr. Whittle "reported,
A bill to prescribe the manner-of drawing Juries in Jhs-
iice's Courts.
Mr. Williams, of Clinch, reported,
A bill for thp relief of Duncan Bariotv of Clinch county,
and for other purposes, *
Mf. Greene, of Cobb, reported,
A bill providing for the giving up marriage lfcenses to the
WfiDSteSE&X, SpyEMBER 9th, 1859. 65
husband after gbcprding, and! to' (make the game evi¬
dence, &c.
Mr. Edmondson, otf Brooks, reported*
iiA Mild change the line between the counties of Brooks
and Colquitt.
Mr. Wilson, of (Columbia#, reported,
A bill t® incorjporajtcthe town of Thompson in th,e coun¬
ty of Columbia.
Mi. Martin, of Coweta, reported,
A bill to authorize Ishanl Smith Of the county of Coweta,
to pectdle in thg counties composing the 4th Congressional
Bigtrict, without paying license for the same.
•hit. Gay reported,
Adftll to add lohof l$nd Eo. 345, pi the county of Thom-
asi to the pounty of Colquitt.
Mr. Hoekenhull treportecf, # ,
A bill to incorporate Etowah Lodge of f1 rep gnd Accep¬
ted Mgsons. .^md,
• A bill to incorporate the t$Wn of Dawsonyille, and for
ether purposes.
3\h*« Fhrnell reported, » •
A bill to* reducq the Sheriff^ bond of *Dooly county from
fwenfy to fen thousand dollars.
JMr.,Ely reported,
A bill to provide for the admission in evidence of Copy
Plots and Grants. And-,
A bill to create the office of State'g, Attorney*, and for
other purposes.
Mr. Fain, of Gilmer, reported*
A bill «to amend tfie 1st section of an act entitled an «act
to provide for the education of the children of this *State
between pertain ages, and to provicfe an annual sinking fund
for the Extinguishment <of the publid debt, assented to 11th
iDecepiber, 1^58v
Mr, piatk, »of ^Elbert/ reported,
4 1 J " Iministrators certain privileges in selling
Mr, rarks>, pr r ^nniny reported,
A bill for the punishment of small offences or misde¬
meanors* %
Mr* Cook, of Early, Teported,
A pill toe incorporate the Chattahoochee Stock Water
navigation company.
J\lr, Lewis, of Greene* reported,
A bill to alter the rules of evidence relative tp the com-'
petency of witnesses. , n
A bill tO amend fhe act establishing the Supreme Cohrt'pi
Georgja. And,
66 JOUKHAL 0F fcblTSE.
A bill to present thenSale of spirituous liquors b^ ifme-
rant persons peddling the same hi tpiS State.
Ms. Keeling reported, A
A bill t6 lay out and drgapize a new courtty from the
counties of Franklin and Habersham.
Mr. Lewis, of Hancock, reported^ « „ , .
A bill to change the name of the Mon^osb Mamjfactupipg
Company of Sparta, Hancock county, and for other pur-
pdsfes.
Smifh,, bf Hall reported, >
A bill to alloW additional compensation to the Sheriffs of
Hall county.
Mr. Kfinnon, of Harris, reported,
A bill to alter and amend an a0t assented to December
11th, 1858, to aboljisl^ imprisonment for debt on certain ren¬
ditions therein sef forth.
Mr. Warp, pf Heard, reported.
A bill lo chatogd the line betweefp the counties of Heard
and OoAveta.
Mr Cullenp reported^
^ bill to prescribe the time of holding elections for meih-
bersof the 'United States Sen ale in {he, State ©f Georgia.,
Mr. Holland, of «Hart, reported,
A biH to incorporate Hemfan Lodge Kp,lS9, and foy oth¬
er purposes.
Mr. Holmes reported,
A Hill tqf add a^iart' of Montgomery county to the county
of Laurens.
Mr, McDonald, of Murray,reported,
A*bill to alter knd amend an act entitled an act regulating
the duties of the Clerks of the Superior and Inferior Cbnrts
of flie several counties ifL this State.
Mfi Hqnmp^ef Morgan, reported,
A biU fonthe relief of John W. CardWelJ of the ,Count|
of Morgan and Tomlqison, Fort of the county of Baldwin,
and fdf other purposes.
A bill td authorize the administrators of Williapi Q, An¬
derson, deceased^ and Thomas Eavor, deceased, to^qflthe
real tesfatq belonging to said estates, and for other purposes.
And,
A bill to amend1 an apt to authorize the issuing of attach¬
ments agd garnishments, and j^o regulate the proceedings in
relation to the same, aijd fote other purposes djherejn menr
tion, approved Mfarch 1st 1856, gnt] ta extend the provisions
of fhe same.
Ml. McHqnald, of Lumpkin. reported,
A bill to add an additional section, to the* apt in¬
corporating the town Of Dahlopega, in fhq county of
Lumpkin.
WEDNESDAY, NOY&MBER, 1859. 67
Mrj Joyper reported,
A Wl to appropriate $1,^00 00 towards the buildim* of
a bridge o^r Spring Creek in Miller County. °
Mr. Jones, of JNlitclie^, reported,
A bill to Change the line betyvepn the counties of JihdihaA
and Mitchell.
Mr. Hopkins reported,
*A bill Jo' jrdTievte certain perform in Mcintosh County from
Jury*«duty.
Mr„ "Strickland, of Madigon reported
A bill t0» alter and change the line Jje^vteen thd 'counties
of Madison an^ Ffalikli^. *
Mr. Price, of Pickens, reported,
A bill for the rdlidf of Agd/ew Lovelady' fof the County
of Pickens.
Mr. Stewart, of Nfewtoh, reported,
A bill to l^y ou^ and organize a new cotmty out of the
counties of Newton, PeKalb, Henfy and GVilmett, &c.
Mr. Morris, of Quitman, reported?
A pdll to incorporate Georgetown i# QMtman county*
and for ether purposes*
(Mr* Smith, of ToWns, reported,
A bill to hreate and lay off a new Judicial Circuit to he
called the Hiwasseu Circuit, &£■„
Mr, Price, of Pickens, xepogtefh
A""bill to alter and amend stn aqt tp alter and* ahiend the
12th section eff the*ist article of the Constitution of this
State., apprdved Qeceiffoer 21st, I857y so as to make election,
of members df the jGenefal Assembly annual.
Mr. Grii^on,. of Richmond, repotted,
A* bill td aUfhoriize the ^treasurer to makd certain ad¬
vances. , ^
Mr. Walton, of Stewart, reported,
Abiltto prescribe the duly of the Judge'of the Superior
Courts of the coutity*pf Stpw^rt in xelatidn to the Petit Ju¬
rors of haid chunty, and for other purposes.
Mr. Hoklen, of Taliaferro*, reportCfl, •
A biff prescribing thd time whfen alj free persons of color
born within thp limits of the State phall become slaves, and
for pthpr purposes.
Mr, Ratmin, df TrohP* reported, ^
A bill for the relief of the estate ,df Robert Bradford, de¬
ceased, and 'Samuel Maffit and Robert H. Bradford execu^
tors of th$ saipe.
Mr. ^mtZ Reported,
A bill to, revise, alteTpnd amehdpn act entitled ai\ act to
appoint Trustees fonth^ Jackson County Academy,, and to
incdrporkjbe the game, assented to November 20th, J818, p,na
for other purposes therein mentioned.
68 JOUlfNAE OF THE HQUSE*
Mr. Hebderson, of Worth, reported, _ »
A biff tp cotopel non-residents owning^ lands tn the &o 7
of Worth to pay piyes on the .same "in said cou ty,
—a t,5 beo. nth, 185% SO far
as relates to the county of Wilcox.
AMttto^reatTm&itio.Mfuwl for tin edtfcation gftl,e
children of this State froni the nett earnings of theTV^tertf
and Atlantic Railroad. #
My. Sieman, of Walton, reported, _
A bill t® reduce an<l establish the. rate of* freight on Tim®
carried pver the "W*. & A. R« R«j so as to facilitate th® bsd ©f
the sametpr agricultural purposes.
Mr. Fain, of Union, reported,
A hill to limit the lien of jhdgmenfs? and for cither pur¬
poses'therein Mentioned.
Mr. Henderson, of Henry, offered the following resolu¬
tion, which was read, to-wit:
Resolved, That it is the judgment of this HoilsC t,hat no
new county shall be created during He present -se^sidn of
the Legislature* and that the lind between counties shall
not be changed unless by the consent of the members of'the
comities interested.
Mr. Terrell, of Decatur, offered the following resolution,
wbich \y&s tlakehi up., read; and ugredd tpr fo-wit t
Resolved, That the Clerk he ahthorized to have two hun¬
dred correct copies of the standing* Committees of both
Housds of the Gfeneral Assembly printed for ^h® use of the
House of Representatives*
The following Message wks "received from the Senate Jby
Mr. West, their Secretary <
Mr. Speaker: I am directed by the Senate to inform* ijbe
House of Representatives that they have agreed to a, reso¬
lution to rpfer that portion of the Message of his "Excellen¬
cy the Grovernof in relation to a mineralogical and jGfeblogj-
cal survey o£this State* to a joint, committee of both branch¬
ed of tire General Assembly, in whfelT they a'Sk the concur¬
rence of the House.
•On mqtiop. of Mr* Cullens, of Clay*, the House took up
the report of the Committee oij. the Senate Bill to change
th,e tilde of hplding the Superior Counts in the counties of
"Lowndes, Brooks and Tlfemas in the Southern Judicial Cir¬
cuit.
The report was agreed to, the bill was read the TpM
time, passed and ordered to be transmitted to the Senate
Without dekjh
Tpe bill to render thd estates of deceased persons, and of
miilprS liable for medical services rendered, negroes, of such
WEDKfiSDAT, 9th, 18-59. to
estates. dutihgythe time* for yhkh they &re hkdd, wa£ refer-
red tq the Judiciary Cpijamitte^.
The hill to authorize Wm. Sattdrwhitq,, qf Cokfcnbla
•coifnty, to m&nufiHt. a Slavd, and & hill? for the 'relief Berry
Chapman, were indefinitely postponed,.
The Hoyase took up thq report1 .pf the ebmmifW on thb
Ml ®f the House to incorporate the Bainbi;icTge and Flori¬
da B^ihoad company:
The report was agreed to, the bill was read the third time
quid passed.
The House took up thd repqrt of the, Committee on the
foi,ll fihmg the time of holding the Inferior Cqiprts of Coffee
(jou-nty. _ j
The report "wks agreed to, the hill was read the t|mjd time
and passed. • <
The "House took up the report *of the committee on tlje
bill to change the line between thd counties of Irwin and
jSbffiee.
The report was" agreed! t®, the pjH was read the thircj time
•and passed*
TJie^fiouse took up-the report of ^he committee on the
pill tb repeal so mUcp of an act entitled ,an ao^ to extend
the corporate limits of thrown of Hamiltrai,, in fhe coun¬
ty of1 Harris, and other places therein named*, and to incor¬
porate ithe town of Trenton in Dade county, approved Feb¬
ruary ISth, 1*8-^4, aS relates to the incorporation 6f tlief;0wn
ot Trenton, and to provide for working the 'streets of said
to-wn.
The report was agreed to, the hill,was read the third tigie
and passed. t *
Tim House fOoK up tpe fepprt of the committee'on the
Pill to Change the line between the counties of Hail qnd
Banks,
The report was agreed to, the bjll was read the third time
and passed.
The House adjourned until. 3 o'clock,, P. M.
TflBEE O'CLOCK, P. ,M.
The House mgt pursuant tp adjonrnmenfi.
The bill for fhe relief of Wm. J, Ere, /W". fL Goodrich,
and ether securities, was, on motion, lieferi^d to a special
committee of five, conpisj(ang °f Messrs. Gipson> Lewis ot
Greene. Delpny^Lofton and Cartridge.
The* Hon,Se tools lip tlie report ol tpe committee oil the
Pill to provide fir the compensation of Sheriff ioi Sum-
70 JOURNAL OU T^E HOUSE.
moning grapdand pet^t jurors for .fche county qfpoughertj?
and to levy a tax for the saule-. . .
-Mr, Lumpkin offered to amend by extending its proves ons
fp the county of -Clark,- The same was»recmyed.
The report, as amended, was# agreed fo, the bill was read
the third time and passed. ^
The Hpuse took up the report of the ebmmitte© om the
bilj tq allow the Superintendents bf all elehhori^hf prp-
iCinpts hftlrout the lipiits of the city, fown or village or the
State, to closp the pojls of such elections after the liour ©f
fopr o'clock, P. M-candfor other puipbses.
The ^report w^s agreed to^th.6 J>ill was read the third
and passec^* , •
The%ill for the relief ofWrn. Red,wine of Fayette, was on
motion, referred to» a special committee, consisting of Messrs.
Underwood, David and Ifarkness.
4 The House went into (Committee of the whob?, Mr.,Mp-»
TYhorter of Greene in the chair, on the bill for uhpirefief o,f
J. C. Smith, formerly of Fayette how of Clayton -couhty.
After some time spent therein th% commitjtfee arose, talrd
through their chairman, reported" the. same baft tq tie
House witbopt amendment.
Tl^e .report was agreed to, the bill was read the third time
dnd[ passech
The House w^nf into Committee of the Whole, Mr., M&-
Whqrtetr "ki the Chair, on the bilf to be<eptjtled amaet t» aid
Oglethorpe Medical College at Savannah, After some time
spent ther,eiil the qorhmiftee arose* and through- their chair¬
man ^ reported the same back to the House without amend¬
ment.
The.report wsEs not agreed to, therefore tliq bill was lost.
The House fook up the report of the Committee on the
bill to give the Receiver* of T^x*Returns of the cpunty of
Chatham certain commissions.
The report wis agreed, to, the bill was read the third time
and passed.
The Housfc took up f life report of the committee on the bill
to elpeditq the progress of certain cases taken np to the Su¬
preme Court,by* Writ of Error.
The report was agreed to, the bill was read the third time
and passed.
The Hohse took np the report of thq committee on the
bill for the relief of a portibn of the legatees of Wm. "Aat-
sofy (]eceased. •
T^e report was agiued to, the bill was read the third time
ahdpassed.
Trie House took up tlie ipport of fhe coitmubtee on the
bill to protect and encqurage the erection qf artificial ftsh
ponds, ulid to piake Hy trespass, ©n tfie tsamepqnalv ami for
oi.her purposes.
Wednesday, koyewbeh 1359. vi.
Mt. Tatum of l)ade, Mf. ■Str^land of Bf^dison, a#d Mr.
Edmonson of Brooks, moved to ataend fey striking opt their
•respective counties. The ^mm^ments wel*o hot received.
The.i^epprt vVis agreedho, the bill was read tfyf third time
ancfpasged. *
Tbe#House took up the report of the special Committee
on the biy for*the relief of Wiljiam Bed wine of the county tof
Fayette- t *
The report, ydpcb was favorable, *was agreed to, the bill
was read the third time •and passed.
Mr. Sihith* of Towns, from fbe Cdmniiftee on the $tafo of
the Republic, to Wjhom was referred the* bill• to« alter and
ameild the 3rd, 7th, and 12th sedtiop# of the- Constitution,of
this $;tate> reported the same back to the jHouse„reco,m'-
mending its reference to the judiciary Committee, wh^ch
yrtas donet
The House'took up the Report of the committee on the
hill for the refief of Miles jGrf Browm
The same'was Variously, amended, when, on motiop, it
wTas indefinitely postponed. *
The House took up the Rep'oi^ of the committee @n the
bill rto alter and amend the Road laws of this State* sd far as
relates to the county of Harris.
The repeat was agreed to, tfie hill was read the third time
and passed.
The Hduse took up the report of the Finance Cdpimittee
for the relief of Reuben Kelly, 9I Hdnry copnty. 9
The report being adverse to the passage of the same, it
was agreed to hhdthe bill Vasfioph
The bili to add a portion ofTohnsffii county to t^ie copnty
of Laurens^ was„ on motion, referred to the compittee on
new counties.
TheHbu&e» took up the report^of the Committee on the
hill for the relief of John F. Jackson4 "
Thp same was, ®n motion of ^lr. Lewis*ofGfrqene, sq amen¬
ded as to extend its provisions to certain perspirs in the coun¬
ty of Greenej
The report, as amended, was agfeed JtrO, thp hill was read
the third time and passed. L
The House took up the report of the Cpmmittee*oii the
hilito amend an act to incorporate the»tdwn of Fort Valley
in the ctounty of Houstoh, ami tp provide for the election
of commissioners for the game, approved "March 3rdf 185(L
The report was agreed to, thd hill' \fras, read' the third
fpne passed.
Thb -Housd took ,up the report of the committee tnpthp
bill to consolidate the offices of Tax Collectof and Receiver
of Tay Returns in tire county of Irwin. _
The report was agrfeed f 6, phe bill wa§t teadrhe third time
and parsed.
72 jojxrnal of the, House;
The House/o ok up the report*, of the committee on the
bil) to emCnd an apt to incorporate a corps of Infantum
the town of Fort Valley, and .also to incorporate the Ogle¬
thorpe Light Infantry, of Savannah^ and to confer cer^ain
privileges uppii the same, approved December IltP, IbOb.
The report was agreed to, jthe bill was read the thardtime
£Cnd passed.
The [House fpok up the report of the committee on the
bil to remove the county site of,Lownd6$ cpunfyi to change
the line o£ said county, and for other purppses.
T^e same was appended by the mdver of the bill.
The Report, as Amended, was agfeed^toy the bill was read
the Idhird time and passed/
The following Standing Committee on Hew Counties was
annotlnped by the Speaker, io-wit:
Messrs. Tuggle* Fortner, Holmes, McVfhorter^Price, Ee¬
rier, Prescoft, Horsley# Solomons, Williams of Clinch, Wor-
ley, Holden, Graham, Mjntz, Jrwin ahd Kennon.
The House adjourned,, on motion Of MA Williams of Mtis-
cogee, until 10, A.M., to-mprrow.
THURSDAY, NOVEMBER 10th, 1359.
The,House mpt pursuant ±q adjournment.
#
On motion of Mr. Glass, so much nf the Journal of
yesterday was reconsidered as relates to the rejection of the
bill for the relief of Berry Chapman.
Mr. Thfa^her moved to reconsider so much «of the Journal
of yesterday as relates to the rejection of the Bill to extend
aid lo the Oglethorpe Medical College.
Which moticfti was lost.^
Ou motion of Jit. Hartndge of Chatham, so much pf the
Journal of yesterday was reconsidered as relates to the pas¬
sage of the bill incorporating Hie Batnbridge and Florida
R«R. Company.
Oh motion Mi\ Alexander of Floyd, the Clerk was direct^
ed to #inforpi tfye Senate that the "House was ready to re¬
ceive that body jntjv their Ifall for the purpose of'electmo-
twd Judges of the Supreme Coptt. "*
Tlie following message Was received from the Senate bv
Mr. West their Secretary.
(Ma SjMafar-I am directed by the Senate to inform the
Hpuse pf Representatives that they have passed the fol¬
lowing bill to wit i
A bill, tO bo entitled an act to anlend ap act entitled an act
to incorporate the Savannah, Quitim and North Alabama
THURSDAY, NOVEMBER 10TH, 1859. >?$
Rail Road .company assented to on the 11th day of February
1S54, and to repeal sectipns 7tfy8th and 9th, of said acf, and
to1 substitute tyro-additional sections in lieu thereof.
Mr, David f^6m the eorrynittee ©n Entojmefit reported
US duly enrolled and signed by th,e President of the Senate
and ready for the signature of the Speaker of the House of
Representatives,
A Resolution bringing ,on the election of Judges of the
Supreme Court.
Leave of absence was granted to, Mr? Parks, of Rannin on,
accoupt of the Illness of his family, and Messrs, McGrar^
Green and Hicks for a few* days on business.
Mi". David from the special committee id "whom Was re¬
ferred the subject of meetings *and adjournments of the
Hoy.se, reported the following Resolutions the first of which
Was adopted, the Second Was laid «pn fhe table until the 16th
instant, to tvit:
Resolved, That until the 16th insf., the Housp of Repre-r
sentatives kill meet at Half past nine o'clock,, A. M. and ad¬
journ (a^ half pasffone P. Ml for the day.
Resolved, Thaf after the 16th inst., the HotiSe will meet
at 9 otlock A. M. and adjourn at one o'clock P. M., they
meet at ^-o'clock and adjourn at 5 o'clock, P.
The following Senate Resolution was tgken up,* read and
concurred in, td wit:
Resolved# That so much pf his Excellency the Governor'^
message as relates to a mjneralogical and Geological survey
of the $tate«, he referred to a coiymittee of throe appoihted,
by the President of the Senate to confer with a similar coih-
mittee appointed by the House with instructions to report
by Bill or otherwise.
The following Resolutions of the Senate Were taken up,
read" and "unanimously concurred In, io$ wit;
Whereas, thy attempt at Harper's jEferry iy .the State of
Virginia lo excite a portion of jfche sjaves of the South, to jn-
Styrection has produced the highest degree of indignation
in fhe minds of the Southern people against thS perpetra¬
tors of thaf outrage, tli^ir aiders and abettors, and affords
jUst ground fo apprehend a renewal of their efforts i,n
otRer places ; and whereas the#action of President Buchan¬
an ahd Governor Wipe, meets*with Our unqualified nppRd-
bafion, we deeih it Incumbent on the, members^of the, Leg-
islatuRe1 of the Stjarte of Georgia to give the most authorita¬
tive expression t6 they sentiments, therefore,
Resolved, That we regaRd the eifott to excite thp slaves of
the JSputh to a servile in^urrectioy with intense indignation
*4
JOUEHAL OF THE HOUSE*
ahd trust that tfie parties to this treasonable plot«iay*beef
with the» most prompt and signal punishment; bensy-
!ng as we do, that while it will be ihoting put a just re rr-
bution fop their cfimej it will exert a whotesorire nmueiace
in detering others from countenancing similar movements,!
Resolved, That the prompt and e&ei;getif. action ofPresi-
dent Kuchanan and Gfovernpr Wise of Virginia in suppress¬
ing the Outbreak at Harper's Fdrry, ana in them efforts to
Capture the insurgents, evince*a degree of manliness and pa¬
triotism, honorable alike' to them, and worthy of otir warm
admiration as the Representat iVes of one of the States fif
this Confederacy.
Resolved, That \ye pledge the State pf Gptxrgia tp uphold
and support the President of the United States, and the Stafe
.of Virginia in the position they haye assumed in, connection
witlj this unfortunate affair and we earnestly counsel the ut¬
most vigilance in guarding against the recurrence of a simi¬
lar conspiracy in our own. bqgders or elsewhere at the
South.
Resolved Tha^ a eppy of the foregoing bream]*^ and reso¬
lutions be transmitted by the Governor of Georgia tP the
President of the United States and to the Governor of Vir¬
ginia-
Mr. Ldster of Cobb, offered; the following resolution which
was taken up, read and agreed to, to wit;
'Resolved, *TJiat the Judiciary committee of both branches
of the General Assembly be and they are hereby .made a
Joint committee tf> Consider any matter referred to theip up¬
on which they may desire to co-operate.
The President an,d members of the feengte were received
and the General Asserfibly proceeded, to the election of •two
Judges of the Supreme Cqurt which Resulted in the eleption
of Eichard «F. Lyon,* Esq., of the county of Dougherty to
Succeed the'Hon. Henry L. Banning and the Hon. Linton
Stephens of the corfnty of IJancock to fill the Vacancy caus¬
ed by the* resignation of the Dom Charles J. McDon¬
ald.
^li>David from the committee enrollment reported as
duly enrolled and signed by the President and ready for Hie
signature of the Sftefiker pf the Hohse of Representa¬
tives.,
An act to cha*ngethe time of holdihg the Superior Cpjarts
ih the polities of Lowndes, Brooks and Thomas ii\ the
Southern Judicial District. *
The committee On jthe part of the House appointed by
the Speaker id) consider that portion of the Governor'£ mes¬
sage relative to g mineralogical and Geological survey tf
THURSDAY, NOVEMBER IOTS, 1859.
•tliis Statp conskts«of itfflssri. .Lctwis of IfaneOct, Lester
hnd Delony. *
The House \yenti into committee of the whole,
Mr. McWhortea? in the Glfak oh the Bill to organize a
L&w School in connection with the* University of Georgia
and to provide a JLihrary for the sa*pe.
After some time spent therein the committee rose and re¬
ported the same back to the House ^Tifh a proposed amend¬
ment. v
The bill and the amendmint were on motion referred t6
the Judiciary committee.
The Honse tobk up1 the report of the Judiciary committee
pn the bill to render estates of deceased persons«and minors
liable fof medical seryices tendered negroes of Shell estates
during the time for whicli|fhey may hh hired.
The report being adverse to t}ie same \yas agreed to and
the bill consequently Jost.
The Hoti^e tOok up the report of th*e Judiciary bominit-
teb qnthe bill for#the relief of the securities upon the boncjs
of substituted trustees.
*The report was favorable being agreed 16, the bill dvas
read the 3d time and pasped.
•The bill for the relief of JSeaborn Stringer Of the cpunty
of Mitch el was referred to the committee on Petitions.
The ffoirse took up thegeport of the committee on the
bill to repeal an act (entitled hn act to authorize the Geprgia
Jvaif Boad and Banting company to build a branch Jtoad to
the town of Eatonton, Putnam county .ailj to increase the
capital stock of said cbmpaAy, assented to December lltli,
1858. *
The report was agreed to.
The hill was read the third fime apd passed.
The House took up the rfeport of the committee on the
bdl Tor fhe relief of* Teach'ers of. poor children, in Musco¬
gee in the year 1853.
The "repotrf was agreed to.
The bilf was read «the third tipae and passed-
The House took up the report of the Committee on the
bill to amend at! act entitled ai^aet to incorporate fhe Col-
uinbus Savings and Mutual!*Loah Association, approved
March 1st, 185tb
The report whs agteed to.
The bill whs re^,d tile third time and »p^ssed.
The House took up ifhe ueport of the pommittee on the
bill to give io Charles1 N. Perry a minor, of the Gounty of
Muspogee, the same privileges and make him subject^;© the
same lia*b^liti,ps though he were pf full age.
The same \Vas amended op motiorf of MriPrescott, so as to.
?6 JOURNAL, OF THE HOUSE,
•extend its proitfsions to Joseph H. Morehouse of pie county
of Screven.
The repdrt as amended was agreed td.
The hill was read the third time arid passed- ^
The Hohse took up pie report of the committee on the
bill Authorizing th,e Inferipr Court of Pierde county to assess
^an extra tax for the purpose of building a jail said coun-
?'
Tpp report was agreed to.
The bill was read ihe third time and passed.
H The Ilou^e took *up the report of the Committee on the
bill authorizing the Ihferior Court to leyy seventy-dive per
cent upon the State tax forjfche county of Murray, and for
Pther purposes.
The report was agreed to.
The bill was j-ead the third time find passed.
The bill to appropriate a sum of money to rempve ob¬
structions from the Alapaha river and rentier the samp na,V-
igaple for timber, rafts, lumber, wood Ac., Was referred, to
the1 Judiciary committee.
And the bill for the relief of J. Cf, H. R. Henderscfa was
indefinitely postponed.
hlr. Lewis df Hancock offered the following resolution
"Which, was taken up, read and agreed fjo, to wit:
Resolved, That the Clerk of the JJ011se> furnish to- the
committee on Public Education as often as shall he desired
by the Chairman or committee a clerk to assist said com¬
mittee iriftits business,
Mr. Smith of Towns presented fthe following resolution
which whs taken up,"read and unanimously ag^eefi to, to
•
Whereas, the Hon. Wm. H. Utiles has been requested to
address his fellow citizens this evening, therefore,
Resolved, That the uses, of the Representative .Hall be, uqd
the same is hereby tendered to Mr. Stiles for thq purpose
aforesaid.
The hour of l£ having arrived the HouSq adjourned up
der their#rule td 9| o'cldck, A. M. to-morrow
FRttUY, NOVEMBER 11x5, f§59. 77
FRlt>AM, NOVEMBER 11th, 1859.
the House met pursuant to adjournment.
Reave of absencb was granted Messrs. Seqtt *of Butnphi,
Lewis of Handopk, dark, of Monroe^Brovtil of Sumter, and
McLendon of Oowpta.
The following bills \frere reported 4ftd read the first time,
Jo -wif:
Mr. Culleus reported,
t A bill to attach lots of lapd Nos. 54 hnd 55, in the 7thDis-
trict of Randolph county ±® the county 4of Clay.*
Mr. Cook of Eqrly reported, ,
A bill to* compensate Dn WilliaJm Z. Cock of the jpounty
ofEarly. *
A bill to alter and amend the thirty fifth section efthe l-4th
Division of the Penal code, and
A bill for the relief of Wilson W* Poe rof the cdunty of
Earl/.
Mr. Ragsdale reported
A bill to require securities aild endorsers when 'they give
notice to do so in writing.
Mr. Harris of Glynn ijepprted,
A bill tq aid the citizens of (Georgia in the construction
of A Rail Road in the State upon the conditions ancf limita¬
tions therein specified.
On motion ©f Mintz tw'o'hundred copies pf this bill were
ordered to pe printed f6r jfche use of the House.
Mr. Register reported,
A bill for the relief of J. E. McMullen of Echols coun-
"ty.
Mr^ Terrell reported,
A bill for thd relief pf Reuben Cloud of Decatur coun-
fy,
Mp. Smith pf Coffpd reported,
A bill to repeal aif act fo am6nd the Road Laws of this
Statd so far as relates fo the couuty of Coffee.
Mr. Creed of Cobb, Reported, L
A bill providing for the probating wills anf taking testis
mony in Courts of Ordinary by commissions, &c,
M r. W qrlev reported, w
A bill to alfer ahd amend the Road1 laws of this State so
far as relates the county of Cherokee.
Mr Sprayberry reported,
jA bill to refund a t&x^paid by the North Western Rank to
th,e fax Collector of Catoofcafcounty.
Mr. Nobles reported, . rn. .
A BiR to change the line betweeen the counties ot Clinch
and Coffee.
7&
JOURNAL OF THE HQUSF.
Ml*. Brantley reported.
A BiR to alter an<J cMnge the county line between, tne
counties of Glasscock an,d Warren and to change th.e lesi-
ctenfee of Richard H. Clark from the county of Gla^scocs. to
the county ®f Warren and fof other* purposes.
Grahafm iff Appling reported,
A bill to change the line between the counties 01 Appling
and Coffee.
Mr. Mintz reported, _ .
A bill to protect the legacy deft by the last*will and tps^
tanaent of1 William Martin deceased for the, benefit of the
Society at Jefferson Jackson county Georgia, of the Meth¬
odist Episcopal Chutch Soffth and for Other purposes.
Mr. Lewis of Hancock, reported, i
A bill to account with the Trusteed of thd University of
Georgia for the interest due on the safe of University lands,
and to provide for the payment of the»same^ and,
A bill, to change the Southern Central Agricultural So¬
ciety and to incorporate the Planters Club of Hancock Coun¬
ty. •
Mr. 'Key of Jasper reported,
A bill to xpake Justicespf the Peace in the seyeral Mili¬
tia Districts in this State Ex-officio road and patrol Ubfh-
missioners, aiid
A bill for the relief of John R. Dyer, Executor of Antho¬
ny Dyer deceased. Also.
A bill to devote all negro slaves executed for the commis¬
sion of capital offences* against "the laws of this State to the
several medical cplleges within the same J
Mr. Alexander of Ployd reported,
A hill to incorporate the Floyd Cavalry Company and for
other purposes, and
A Pill to appropriate a sum of money to compensate tJphn
A* Towers ©f the county of Floyd for improvements in the
navigation of the Coosa River.
Air. Bivehs offered a resolution requiring Judiciary Com¬
mittee to enquire into the importance of a changed of thcf
present mode of hplding Sheriffs, Executors, Guardianffs
and Trustees sales in fjhis Statp.
Mr. Fannin of Morgan reported,
A Bill to incorporate the E^atonton and Madisop R* R.
Company. •
Mr. Gibson repotted,
A hill t® incorporate the Eort Royal R, R. £!o»
A pill to authorize the removal of Trustees aiid fqt qtber
purposes,
A bill to alter add change tipres Of holding ^feetion^ for
Rece^yei; of tax returns and tax Collcctprs Of Sthis State,
A hill to repeal an act amendatoTy of the penal o©de<&jc.,
And
A bill to amend the Judiciary acLo£l799.
FRIDAY, NOVEMBER 11th, is59,
79
Mi*. Render reported,
A bill to alter and extend the provisions bf an ach entitled
an act to.exempt from levy *and sale under execution ce^t^in
property therein" mentioned, assented to Dec. 11th, 1841,
and to repeal a portion of said act.
Mr. Strickland of Madison reported,
A bill to repeal, an act entitled a'n hcjt to*provide foi* the
education of the children of this State between certain aires
and to provide an annual sinking fund for the extinguish-,
ment of the public debt and to provide for the application
of the nett earnings of the W./s A. R. R. and for other pur¬
poses.
Mr. Cbleman reported,
A bill to compel the Sheriffs, Clerks and, &e, to advertise
their saleS and &c., of Randolph county in the Cuthbert ReL
porter on certain conditions.
Mr. Brinson reported,
A bill to repeal ah act abolishing imprisonment for debt.
And*
A bill to organize a new county o'ut tff the counties of
Columbia, "Warren, Jefferson and Glasscock.
Mr. Gfrahafn of Appling reported, #
A bill to create a new county* out of the counties of
Wayne and Appling.
Mr. Richards pf Carroll reported,
A bij,l to incprporate a mining company in th£ county of
Carroll.
Mr. Hopkips reported,
X bill for the relief of James Rozier» And
A bill to change the time of holding election^ for county
officers, in this Staf'q.
Mr. Tatum of Dade, reported.
A bill to regulate the fees of Jurors in Justices Courts in
the counties of Catoosa and Dade.
Mr. Sprayberrf reported,
A bill lo appropriate a sum of money to pay certain per¬
sons for work and label dpne and material furnished^ about
the Deaf and DUmb» Asylum.
Mr. Glass reported,
A bill to authorize Samuel Ipvin of the* county of Clayton
to practice medicine-
Mr. Dixon presented the memorial of the Reporter ofjhe
Supreme Court accompanied by,
A bill to allow and make Compensation fo the Reporter
of the Supreme Court fbi* certain volumes ®f the decisions
bf the Supreme Court furnished py bin?' rySider the act of
1845.
}dr. MCDonal^ of Murray reported.
A bill to fix tine amount of claiuidbondis in t',e Justices
S0 JOURNAL OF THE HOUSE.
Courts of this State -and a resolution relative to the change
•Of County lines and the creation of new counties.
Mr- Perry of Schley reported,
A hill authorizing the Inferior "Court of Schley coun y a
levy and dollect an extra tax for county purposes.
*Mr. Prescott of Scriven, reported,
A hill to compel Trustees, in certain cases_ therein men¬
tioned to make annual returns to the Ordinaries of the se\ e-
ral counties in the Statd of Georgia.
Mr. Brown, of Sumter, reported,^ _ .
A hill ta create a new Judicial Circuit and to appoint and
Plpct a Judge and Solicitor General thereof.
Mr. Brtfton, of Tattnall, reported,
A bill to authorize the Inferior Churt of fhe county of
Tattnall to levy an extra tax for county purposes.
Mr. Pilcher, of Warren reported,
A hill to provide for the election of a Teacher in the Deaf
and Dumb Institution.
Mr. Gibson, of Warren, reported,
A bill to repeal the act organizing tlie Supreme Qourt.
Mr. Eortner of Wilcox, reported,
A bill to reduce work on Roads in the county of Wp-
coX.
Mr. Hoi den of Taliaferro, reported,
A bill defining the duties of the several Clerks of the
Courts of Ordinary in this State in relatioirto grantingmar-
riage licenses in certain cases therein mentioned and to pre¬
vent the same, and for other purposes.
Mr. Sims of Wilkes reported,
A bill to amend the charter of the town of Washington,
in Wilkes bounty.
Mr. Anderson of Bibb, reported,
A bi,ll for the relief of Mary Frances Nunor of the county
of Bibb and! for other purposes.
Mr. Lumsden of Talbol; introduced the following resolu¬
tion to wit;
Resolved, That the several standing committees are suffi¬
ciently large to discharge all the business that may be refer¬
red to thein and that any addition thereto would tend rather
to retard than facilitate the business of the House.
Which was read.
MH»Hartridge of Chatham introduced,.
4. Resolution tendering a seat upon the flpor pf theHohse
to the Hon, Gebrge P, Elliott of South Carolina.
Which was taken up and adopted.
My. Andersoii of Bibb, introduced,.
A Resolution to .authorize the Governor, to subscribe for
fbree hlmdrted Oopies of Butts'Map of the State of Georgia.
Which was read. 0
FRItfAY/ NOVEMBER 3,1th, 1853. 8i
Mr* McRea of Telfair introduced
A resolufioii requesting the Governor to furnish certain
>6oRs to the bounties of Ware, Telfair and Charlton*
Which. Was read.
The following Message Was receded froth th© Senate- by
Kt. West, their Secretary.
Mr. Speaker* z-r-T am directed hy the Senate to infohm the.
Sons©' pf Representatives, that they have "appointed Messrs.
MoGphee, Summeropr and Billnps as a cpmihittee on the
part of the. Senate, to confer with th© committe appointed
by the House tp take inte consideration, so hnich Of the
message of his Excellency* the Governor, as relates to a Mih-
eralogical and Geological suryOy of this State and fo re-
pprt thereon.
The hillfo prescribe-the liability in pertain cases of per¬
sona hiring slaves.
The bill to repeal, an afrfc to increase the salaries of the
Executive and the Judges of the Supreme|ahd Superior Courts
df1 this State, assehted to December* 22nd, 1857, And*;
The hill to incorporate the Bambridge Volunteer^, were
referred to the Judicially committee.
The House, took up the report of fhet comWtfee en the
bill to change, the time of holding the, Inferior Courts jn the
county of Tetrbll.
The report was agreed to.
The hill was read the third tame and pafesep.
The House took Up the repdrt of the committee op the
pill to amend' an act passed by the General Assembly for
the year 1857 granting certain powers and privilege^ to the
Griffin Light Guards of the city pf griffin, Spalding county
assented to Dee. ,22nd, 1857.
The report was agreed to.
The bill was read the third thne and passed.
The House took tp the fepoVt of the committee on the"
bill to. incorporate the town of Hawkinsville in the county1
pf Pulaski andfor ptherpurposes.
The report was agreed to.
The pill was read the third fipae and passed. t
The House took up fhe report of the committee on the
bill to allow Nicholas A. Lpng of the State of Florid^ to ob¬
tain letters testamentary1 according to the laws now pf force
ih this $tate Wp0n jthe estate of John Deng, of Washing¬
ton county deceased.
The report was agreed to,
The bill was tead the third time and passed. _
The House t6ok up the report of the committee on the
bill te amend the road laws of this State, &c.
Tbe report was agreed to.
The bill was read the third time and passed.
b
8* JQHRKAL OF THE HOUSE.
The Senate Besolwtion ill regard to the joint action of
the Ending Committees of the respective branches of the
General* Aseembly 'Was on motion taken up, read, and laid,
on the table for thfc balance of the session. 4
Oh motion of Mt. Smith of ToWhs the various portions pf
the Governor's message were respectively preferred to the
appropriate standing committees of the House..
Thd House took up the report of thd dotpmittee on the*
bill tq allow Stephen Williams of Pieree cbunty and Johh
Taylor of Ware county to peddle in thp 1st Congressional
District, without paying license for the feame^
The report wap agreed to.
Tile hip was read the third; time and on the question of
its passage,
Mb Fannin of Troup required the "yeas, and nays to he
recorded.
There are yeaS^SS/there ard nays 68.
Those who yoted in the, affirmative Pre .Messrs 9
*
Allen, HepcterSonof WorthRagsdple*
Blakey, Hicks, Register,
Bivens, Hockenhull, Richards,
Brown of Mouston, Hogatfs, Rosier,
Cason, Hppkins, Screven,
Clark of Elbert^ Howell ot Lowndes,l^harpe,
Coleman, loyner, Smith of Bryan,,
«Ooo"ffi J ones of Mitchell, ,Smith ©f Cqffee,
Daniel, Kelly, Smith of Hall,
DeLamar, Knox, Smith of Towns,
Delony, Lewis of Greene, JSockwell,
Diion.,, Lofton, Stewart,
Echols, Lumpkin, Strickland,
Ector, Martin, Sweaty
Edmonson, Mays, Tapley,
Ely, McCants,, Tathm^
Fain of Gilmer, McComb, Thrasher,
Fain of Gordon, McDonald; ofLump-Warq,
Fain of Union, kin, Whaley,
Earnell^ McDonald of Mur- Wicker,
lay, William? of Clinch,
„ ___ MqEver, Wjlliatas of MusCo-
Gibson ol Wayren, Mintz, ^ee,
Green of Cobb, Morris, Wilson,
Hardin, ^Patrick, Wqffbrd,
Harkness, Pilcher, Younm
Harris, Prescott, a
Heath, Price,
friday, november iith, 1s59.
Those tyho voted in the negative are Messrs s
Alexander, Hrpvensteine? Mullens,
Anderson, Harpei; of Henry, Nobles,
Barksdale,. Harper of Suniter, .Norwood,
Baugh, Henderson ofHehry Batten,
Brantley, Henderson of New-Perry,
Brown of Sumter, f on, Reeder,
Broyle^ Holden, Bonder,
Brewton, joi For" Holland, Rhodes,
sytn, Holloman, Splman,
BreWtpn ©f Tatt- Holmes, Settle,
nail, * Howell of Milton, Smls,
Causey, Hursf, Smith of Twiggs,
Clark of Monroe, Hutclrins, Solomons,
Hock, Jrwifl, Terrell,
Cotiley, Johnson, Turner,
Guldens, Jones of Rabun, TuggLe,
David, Kennon, Underwood,
Earl, Lester, Vaughn,
Eberhart? Lockett* Walton,
Fapnin of Troup, Lumsden* "We^t,
Flemings McQrafy, Whittle,
Eitrney, McKea- Worley,
Fortner, McWhorter,
Goodman, Mitchell,
So the. bill was passed.
The House tools; up the report of the committee on the.
hill td authorize the Ordinary of Warren* cbimty to pay
money &e.
The report was agreed to* The bill was react fhe third
time and passed.
The House- took up the report pf the committee on
the bill authorizing fhe Inferior Court .of Warp county fd
assess an extra tax for the "purpose of building a Cpurt House
in said county.
The report was agreed to. The bill was read the third
time and nassed.
The Bouse took pp the report -of the committee oh the
bill to add an additional sefotiott to the 12th division of the
penal code of this Stafe.
The report was agreed to. The bill was read the third,
time and passed*
The House took the report of the cpmihittee oh* the bill
to compensate witnesses in the various militia districts m
this State.
The report was agreed to. The hill was read the third
time &hcl pa^ed*
34 JOURNAL OF TIJE HOUSE.
The rules were suspended and Mr. Lester reported)
A hill to amend an act to define the liability of Rai oa
Companaesfin this State for injury done to persons &c.
Which was read the first time.
The reconsidered bijl for the relief of Berry Chapman of
the county of Clayton was amended and indefifiite y p s
^°The House took up the report of the committee on the
till to consolidate £he offices of tax Collector, and Receiver
of tax returns of the county of WilOox.
The report waS agreed to. The hill was read the* third
time and passed.
The House took up the report of the Committee on the
reconsjdeited bill to incorporate *" The* Bainbridge and Flori¬
da Rail Road company.
The report was agreed to. The bill was read the third
time and passed.
The following message of the Sedate was received by Mr.
West their Secretary.
Mx- Speaker:—IW directed by the Senate to inform the
House of Representatives that they havepassed a resolution
that the committees of the Senate a,nd House of Representa¬
tives be constituted joint committees in which they ask the
concurrence of the House.
Mr. David from the committee on enrolment reported as
duly enrolled and signed by the President of the Senate, and
ready for the signature*of the Speaker of the House of Rep¬
resentatives.
A Resolution in relation to the late outbreak at Harper's
Ferry.
The following bills were read tbe second time and refer¬
red to the fcommittee on the Judiciary, t® wit;
A bill, to add an additional section to the first Division of
the penal Code of tips State.
A hill to amend an act tq abblish imprisonment for debt
and for (other purposes, assented to Dee. 11th, 1858.
A, bill to amend, the laws in relation to pleading and
amendments thereto and for other purposes therein mention-
fed.
A bill to prescribe _ tbe number bf continuances, tq be
granted in civil cases in the Superior Courts of tips State
and to regulate the granting -of tbe same and for other pur¬
poses* • *
A bill for tbfe relief of thq Union Branch Rail Road com¬
pany, &nd' for other purposes.
A hill tQ prescribe the manner of drawing Juries in Jus¬
tices Courts.
A bill to exempt from levy and sale in the bands of pur
FRIDAY, November H™, 1859, ss
chasers and others obtaining the same. &11 property exempt
by law while ip. the hands of debtors*
^ A bill to authorize Ex-Judges of the Superior Courts to
sign bills of exceptions In certain eases. *
A bill to prohibit the post-mortem mahumision of sTaves.
The following bill Was read the second, time aud commit¬
ted for a third reading, to wif.
A bill to authorize the Judges of the Superior Churls* of
this State to allow special and petit jurors refreshments ijn
certain cases therein named.
The following resolution was read and lost, to wit •*
Resolved% That the members in the Counties that a^e to be
effected by the Formation of New cqunties ot the change of
county lines be added to the standing committee on ne^
counties.
The following bill was read the second time-, and Ordered
to be engrossed, to wft:
A bill to incorporate Etowah' Lodge of Free and Accept¬
ed Masons.
The following bills were read the second tjme and com¬
mitted for a third reading, to wit:
A hill to "change the line between Brooks and Colquitt.
, A bill to reduce the Sheriffs Bond1 of Dooly county from
$20,000 to $10,000.
A bill to ihcorporate the town of Thompson in the Coun¬
ty of Columbia.
The following bills were read the second time and refer¬
red toi the Committee on the" Judiciary, to wif:
A bill to regulate the practice of the Superior Courts of
this State in certain cases.
A bill to provide for citizens of other Staf es and territo¬
ries of the Dhitdd States to act as Executors,, (^o-Executors
and Administrators' in this State under certain Circumstan¬
ces therein mentioned.
A Bill to amend the law in. relation to'the foreelosure of
mortgages on real property and the sale thereof,, and to pre¬
scribe a form for all mortgages and for other purposes there¬
in mentioned.
A hill to alter and amend the 3rd and 7th septions of thp
1st Article of the Constitution.
A bill to provide for, the admission in evidence of copy
plats and, grants.
Thte following bill was read the second time and referred
to a special committee consisting of Messrs. Williams of
Clinch, Fannin of Morgan, Eberhart, Worley of Cherokee
and Thrasher, to wit:
A bill for the relief of Du,ncan Barlow" of Clinch county
and for other nprposes.
The following bill was rqaj the second time and referred
to the committee «pn Agricuhfcure-and internal improvement
to wit:
S6
JOURNAL OD THE HOUSE.
A bill to amend .an, act entitled an act_ for the better reg¬
ulating licences in the province of Georgia, approved March,
The following hill, was read the ^second" time and, referred
to the committee on Banks, to wTit.
A hill to repeal dn act to authorise the business of bank¬
ing and to regulate the same, assepted to Dec/ 1&3B.
The billowing hill was read the second timq and referred
*to the Committee on petitions, to witr
To aiithorise Isham O. Smith of the county of Coweta to
peddle im the fourth Congressional district without payment
for licepsei
The following hill was read, the second time and referred
to. the committee on new dopnties, to* wit:
A "bill to add lot of land No. 345 in Colquitt to Thom-
as-"
Tfie hour of adjournment hdving arrived, the Speaker pro
tern, the Hon, Mr. McWhorter of Greene, declared the House
of Representatives adjourned until to-morrow morning at
10 orclock, A. M.
*
SATURDAY, NOVEMBER 12th,
"i *
The House met pursuant to adjournment.
Leave of absence was granted Messrs. SpraybeTry, Brant¬
ley of, Hancock, Render* "Williams of Muscogee,, Cook of
Early, Andersen of Bibb, Price of Pickens, Rhodes of Richi
mond, Brown of Houston and Cock.
The Hotise too"k up the repbrt of the committee on the
bill to authorise the Judges pf the Superior Courts Of this
£},tate, to allow special and Petit Jurors, such "refreshments
as said Judges may deem, meet and proper while said ju-
r°rs arb engaged in the investigation, of aiiy cause, and to
provide paylpent h>r the same.
The report was agreed to, the bill was read the thircf time
and passed.
, The House to oh up the report nf the committee on the
bill tychange the line between the counties of Brooks, and
"Colquitt so as to add 0. H. Johnson of the county of ChL-
qhitt to the county of Brooks.
The report was agreed,to, the bill was read the third time
and lost.
The House took hp the report Of the Committee On the
hill, to redpce the Sheriffs bond of Dooly county from
$20,000, to $10,000. *
The report wak agreed to, the bill was read the third time
and passed.
SATURDAY, UOYEllBER, l&ra 1859.
TW House took up the report of the Committee on fbe
bill to incorporate Etowah Lodge of Free and Accepted
Masons.
The report was agreed tq, the hUX was read the third time
and passed.
The House took up the report of the committee On the
hill to incorporate the towii of Thompson, m the coUhty of
Columbia.
Which report Was agreed to, tmcf the bill read the third
time and passed.
The House wdnt into Committee of the Whole Mr. Smith
of Towns, in the chair, on thefbill to authorize* the Treasur¬
er to make certain advances.
After some time Spent therein, the "Committee hose and
through their chairman reported the sameback to the House
without amendment.
The report was agreed to, the bill was head the third
time, passed and- ordered to be transmitted to the Senate
without delay.
Th® House toqk up the report of the Committee on1 the
"bill to giye bo endorsers the control of tl!fi fas" and judgments
paid off b,y them. *
The report of Judiciary Committee being favorable there¬
to vvas agreed to. The bill Was read the time apd passed.
Mr. David from the Committee on Enrollment reports as
duly enrolled and ready for the Signature of the Speaker of
the House of Representatives ?
A resolution in relation to the portrait of Qeneral James
Jackson.
The following message was received from fhe Sedate.
Mr. Speaker:—I am instructed by the Senate to 'inform
the House ef Representatives, that they have passed the folj
lowing bills.
A bill to entitled an act to legalize the holding of the Su¬
perior Court of the county of Carroll, at its last term.
A hill to be entitled an act for the relief of the securities
ofGreorge F. Wing, former Tax Collector of the county of
Mcintosh.
Also* a hil). for the relief of Amy* Clarke, from certain, dis¬
abilities therein mentioned.
Also, a hill to be entitled a'n act to authorize the Mayor
and Council of the city of Aflahta, to take possession of the
enclosed ground lyirig between the general passehger depot
and Decatur streets^ and the Ailanta Hotel and Loyd, street
in the city of Atlanta, for the purpose of beautifying ahd
ornamenting the sahie, to be-Used as a Railroad Park.
Also, a bill to he entitled ait act to repeal fhe seventh $ec-
88 Jotjm&L OF THE HOUSE.
tion of an act, to incorporate and grant certain privileges
and powers to the Newnan Guards, ill the town of Newnan,.
Coweta county, and for other purposes therein mentioned*
and to repeat the fourth, section* of an act t° regulate the
compensation of jurors, in the county of Jefferson, ana for
other purposes therein mentioned.
Also, a bill to be entitled an act to incorporate the town
ofElfaville in Schley coupty.
Also, a? bill to regulate the School fund of Habersham
CQunty? and for other purposes therein mentioned.
I am also instructed to inform the House ©f Representa¬
tives, that fhe Senate haye agreed to a resolution appoint¬
ing a committee, to aet in concert "\vith such committee as
may be appointed by the House to make arrangements for
divine service, on Thursday 24th inst., appointed as a day
of Thanksgiving, and Jiavie appomted Messrs. Paine, Hill
of WilkeS and Briscoe as that committee on the part of the
Senate, in which resolutidn they .ask the concurrence of the
House.
The* House took, tip the report of the Committee on fhe
bill to qhange and regulate the fees, of Attorney General
and Solicitors General of this State,
The Judiciary Committee recommended fhe passage pf
the same' with an amendment.
Mr. Smith of Towns, moved to postpone the bill indefin¬
itely.
Upon this motion be Required fhe yeas and nays to here-
corded.
There are yeas 69. Thete are pays 81.
Those who voted in the affirmative are Messrs s
Baugh, Fain of Gordon, Hopkins,
Blakey, Fain of Union, Hurst,
Bivins, Farnell, Johnson,
Brown of Houston,Fleming, Joiner,
Brecon ©f Forsyth,Fillney, Jones of Mitchell,
Causey, Fartner, Joiiesof Rabun,
Cock, Gay, Keeling,
Haniel, Goodman, Knox,
Uqlamar, Graham, Lumsden,
Dufour, Green of Cobb, Martin,
Eberbart, Heath, Mays,
"Echol^ Henderson of WorfhMcCants,
Ector, Herington, McCr&iry*
Edmondson* HollomaO, McDonald ofLumn-
Fftjn of Gilmer, Holmes kin,
"SATURDAY, NOVEMBER 12TH, 1?59. 89
Thrasher,
Underwood,
Vanover,
VaUghn,
Walton,
Ware,#
West,
Whaley,
Whittle,
Williams of Clinch,
Wofford.
Worley, t
iftlcDonalcf of Mpr-Rozier,
rhy, Selman,
MeEvet, Sharpe,
MeWhorter, Smith of (Coffee,
Mintz, Smith of Hall,
Mitchell, Smith of Towns,
Morris, Smith of Twiggs^
Mnllens, Sockwell,
Nobles, Stewart,
Patrick, Strickland»
Pattop. Tapley,
Register, Tatum,
Reeder, Terrell,
Those who voted in the negative are Messrs:
Alexander, Glass, Lewis of Greene,
Allan, Gibson, of Warren, Lester,
Anderson, GroVenstein, Lockett,
Barksdale, Hardin, Lofton,
Brantley, Harkness, Lumpkin^
Brinson, Harper of Henry, McRea,
BroyJes, Harper of Sumter, Norwood,
Brewton of Tatt- Harris. Perry,
nal,
Cason,
Clarke of Elbert
Colvard,
Coleman,
Conley,
Cpok,
Cullens,
David,
Delony,
Dixon,
Earl,
Ely
Hartridge, Pilcher,
Henderson of Hen-Pitts,
ry, PrescOtt,
Henderson of NeW-Ragsdale,
ton, RhodeS,
Hockenhutl, Richards*
HogSns, Screven',
H olden, Settle,
Holland, Sims,
Howell of Lowndes,$mith of Bryan,
Howell of Milton, Solomons,
Hutchins, Sprayberry,
Irwin, Sweat,
Fannin of Morgan, Kelly, Turnery
Fannin of Troup, Kennon, Tuggle,
Gibson of Rich- Key, Wicker,
mond, Knowles, Wilson,
So the motion prevailed.
The House took up the report of the committee on the
bill to provide for the payment of Solicitors General and
other officers of Court, to dispose of money raised by fines
and forfeitures, and for other purposes.
Mr. Fain of Union/ proposed to amend the same by giving
to ekcfo Grand and Petit Jurors of this State, one dollar per
day.'
The same *yas not received.
50 journal of the house.
Other amendments were offered whdn |Mr. Ely moved to
postpone the hall and amendments indefinitely. ^
Upon this motion Mr. Fain of Union, required the yeas
and nays to be recorded.
Ther<? are yeas 118, there are nays 30.
Those Who voted in the affirmative aye MessrS:
Alexander, Harper of Sumter,Nobles,
AUHii, Harris* Norwood*
Andersbn^, Hartridge, Paltton,
Barksdale, Heath, Perry,
Blakey, Henderson of Hen-Pilcher,
Bivins, ry. Ragsdale,.
Brfnson, Henderson of New-Register,
BroyleSp ton, Reeder,
Brewton of Latt- Henderson of WorthRhode^,
nail, Hockenhull, Richard,
Casoli, Hogans, Rozior,
Causey, Holden, "Screveh,
Clatke of Elbert, Holloman, Sehnhn,
Cock; Holmes, .Settle,
Conley, Howell of Lowndes^Sharpe,
Cplvard, Howell of Milton, Sims,
Colenfan, Hurst, Smith of Bryan,
Cook, Hutchins, Srfiifh of Ouffep,.
Daniel, Irwin, Smith of Hall,
Delony, Johnson, Smith of Twiggs,
Dixon, Jones of Mitchell, Sockwell,
Eberfiart, J ones of Rabun, Solomons,
Echols, Eennon, Stewart,
Ector, Knowles, Strickland,
Edmondson? Lewis of Greene, Tapley,
Ely, Lester, Turner,
Fain of Gilmer, Lofton, Tuggle.,
Fain of Gordon, Lumpkin, Underwood,
Eaimih of Morgtm, Lumpen, Vanover,
Fannin of Troup, McCants, Vaughn,
Farnell, McGrairy, Walton,
Fleming, McDonald of Luln- Ware,
Fortner, kin, wjialey,
Gihsog of Rich- McDonald of Mur- Whittle^
mond, ray, Wicker,
Goodman, MeEver, Williams of Glinch,
Grpen ol Cobb» McRea, Wilson,
Grovpnstein, McWhotter, Wotford,
Hardin, Mintz, Woldey.
Harkne^s, Mitchell, Young,
Harper of Henry^ Millions',
SATU&D^X &OVBMBER 12ih, Dl
Those who voted in the negative 'were Messfs s
Baugh, Glass, Mays,
Brantley, Graham, Parkp,
Brewton of Hous-Herrmgton, Pitts,
ton, Holland, Prescott,
Cullens, Hopkins, Smith of Towns,
David, Horsley* Spray-berry,,
Delamar, Joiner, Swegt,
Dufour, Heeling, .Tatum,
Pari, Kelly, Terrell,
Pain of Union, Martin, West,
Gay,
So the motion did not prevail.
The House took up the report of the Committee on the
bill to provide for the admission of evidence, of copy plats
and grants.
The report of said committee was agreed to, fhe hill Was
read the third tiihe and passed with the amendment.
The bill for the relief of Duncan Barlow, of Clinch coun¬
ty, was amended and indefinitely postponed.
The following bills, yvere read the second time and refer¬
red to the Judiciary Committee, to-wit r
A bill to create tfie office of the Stafes. Attorney, nnd for
other purposes.
A bill granting Administrators certain privilege^ in sell¬
ing property of estates. ,
A bill for the punishment of small offences pr misdemean¬
ors".
A bill to alter the, rules of evidence telafive to the com¬
petency of witnesses.
A bill f® -amend the apt establishing the Supreme Court
of Georgia.
A bib to amend an act, assented to December 11th, 18-5S,
to abplish imprisonment for debt, on certain conditions
therein set forth.
A bill to alter and amend an -act entitled an act
regulating the' duties of the clerks of the Superior and Infe-
riol Courts of the several counties of this State}-
,A bill to- authorize the administrators *of William * Q- An¬
derson, deceased and Thomas Tavpr deceased to sell the real
estate, belonging to S^id,estates- and for* other purposes. _
A bill to amend and acf ent.itldanact toauthorize the issu¬
ing Of attachments ahd guaynishments, and! to regulate pro¬
ceedings inrelation to ^h© same, and for other purposes
therein mentioned, approyed March 4th, 1856, and! to extend
the provisiop^ of the game. i 4
A bill to prescribe the duty of the Judge of the Superior
JOURNAL OF THE HOUSE,
•Courts of the county of Stewart, in telatioh to petit jurors of
said Courts and for Other purppses.
A bill to alter and amend an act to- alter and amend the
12th section, of fhe 1st. article of the Constitution, pi this
State, apprOved December 21st, 1857, so as to make the elec¬
tions of members of the General .Assembly annual.
A bill to be entitled an act to limit the lien of Judgments,
and for other purposes therein mentioned, ^ . __
A bill to prescribe time for holding the elections for Uni¬
ted States Senators, in the State of Georgia, and
A bill providing for the giving up of marriage licenses to
the hhsband after recording, and to make the same evi¬
dence.
The following message Vas received from His Excellency
the Governor, by Mr. Waters his Secretary,, to-wit:
Mr. .Speaker—The Governor has-approved and signed the
resolution to have the Portrait of General dames' Jackson
placed in the Hall of the House of Representatives.
The following Message was received from the1 Senate by
Mr. West, their Secretary.
Mr. Speaker am directed by the Senate to fnfotm the
House of Representatives, that they have agreed* to a resolu¬
tion in delation to the ^Branch Mint at Dahlonega, in which
they ask the concurrence of the House.
The following bills were read the second time and commit¬
ted for a third reading, to-wit i
A bill to change the name of the Montrose Manufactur¬
ing Company of Sparta, Hancock county, and for other pur-
puses.
A bill to allow additional compensation fo. the Sheriff pf
Hall county.
A bill to incorporate Herman Lodge, No. 189, and for
other purposes.
A bill to add a section to the act incorporating the town
Of Dahlonega.
A bill to incorporate "Georgetown of Quitman county, and
for other purposes.
A bill for the relief of'Andrew J. Rovelgdy bf the county
of Pickens, and for other purposes.
A Rill to create and lay off a neW Judicial Circuit, to be
called the Hiwassee Circuit, and for other other purposes.
A bill to compel nonresidents owning land in the county
of Worth, tp pay taxes on the same in said county.
A bp! fo repeal hn act assented to Pecember 11th. 1S58,
so far as relates the county of Wilcox; and
A hill for the relief of the estate of Robert Bradford, deceas¬
ed, and gaiphel Moffet and Robert H. Bradford Executors,
of the same.
SATURDAY, NOVEMBER 12th, 1859.
93
The following billa were read the second time and referred
the Committee on New Cpnnties, to-wit:
A bill to lay out and organize a new county from the coun¬
ties of Franklin and Habersham,
A bill to change the line between the counties of Madi¬
son and Franklin.
A bill to change the line ^between the counties of Coweta
and Heard.
A bill to add apart of the county of Montgomery to the
coutity of Laurens,
A bill' to change the line between the-,counties of Thomas
and Mitchell.
A bill to lay out and organize a new county from the coun¬
ties of Newton, DeKalb, Henry and Gwinnett,
The following bills were read the second t;me and referred!
to the committee on Education, to-wit:
A bill to create an additional fund for the education of
children in this State from the nett earnings of the Western
,2b Atlantic Railroad, and for other purposes, and
A bill to ate end the first Section of an act entitled ah acf
to provide for the education of the children of this State, be¬
tween certain ages, and provide an annual sinking fund for
the extinguishment of the public debt, assented to 11th Deo
i$5$%
The following bills of the House were read the second time
and referred to the Committee on Agriculture and Internal
Improvement, to-wit."
A bill to reduce and establish .the rate on lime carried
over the W, & A. Railroad, so a^ to facilitate the use of the
game for Agricultural purposes, and
A bill to appropriate $15,000 towards the building of a
bridge over Spring Creek in Milton county, &c.
The following bills of the House .were read the second
time and brdered to be Engrossed, to-wit:
A bill to revise, alter and amend an act entitled an act to
appoint Trustees for the Jackson county Acadamy, andHa
incorpate the same, assented to 20th November, 1818, and
for other purposes therein expressed; and
A bill to relieve certain persons in Mcintosh county from
jury duty; and ^
A bill to incorporate the town of Dawsonvillee, and tor
for othej* purposes.
The bill to prevent the sale of spirituous liquors by itiner¬
ant ppddlers in this State? and an accompanying hiemor^
were referred to the committee on Petitions. # „
The pill prescribing the time when all free persons of
color, boyn within the limits of this Statjd shall becopie slaves
04 dOtMAL OF THE HOUSE.
apd for other purposes, was read the second time and re^x~
red to a special committee, Consisting of Messrs. Ltester, M(?-
Whorter, Fain of Uni,on Holden, Henderson of Newton,
Lumpkin ami Pilcher. „ _
fhe hill for the relief of JohruW. Cardwell of the county
of Morgkn and Tomfinson FUrt of the county1 of BaMwmy
and fpj* dther purposes.
Was read the second time anc| referred to the-Committee'
on, Finance,
The following bills were read thg second time and referred
to the committee on Internal Improvement, to-wit:
A bill to incorporate the Chattahoochee Stock Wafer Nay-*
igation (jompahy.
Tim following bills ©f the-Senate were read the first time,
to-wit«
A hill to repeal the 7th Section of an act to incorporate?
and grant certain privileges ^nd powers to the Union Guards
in the towii of Newnan, Coweta county, and for other pur¬
poses.
Ancf fo repeal the 4th section of an acf to Tegulate the
compensation of jurors, in the cdunty of Jefferson, Ac.
A biff to legalize the holding Of Carroll Superior Court at
its last term? and to nfake valid the proceedings of said
Court,
A bill to authorise the Mayor and Councils 6f the city off
Atlanta, to take possession of the enclosed ground lying be¬
tween the General Passenger Depot, aixlT)ecatur Street and
the Atlanta Hotel and Lloyd street in the city nf Atlanta,
for the purpose of beautiiyin® and ornamenting the same, to
be used as Railroad Park#
A bill to incorporate the toten of Ellavilte in the county
of Sehjey. ^
A hill for the relief of Amy Claries, from certain disabili¬
ties therein mentioned.
A hill for the relief of the securities of George F, Wing,
Tax Collector of Mcintosh county, and
A hill to amend an apt to incorporate the " The Savan¬
nah, Griffin andNorth Alabama Railroad Company ^ assented
to 11th day of February, 1854, and to repeal sections*?, §
and 9 of said bet, and to substitute fwTo additional sections
in lieu thereof.
Also a resolution relative to the observance of Thursday
the 54th, inst., as a day of Thanksgiving.
Leave Of absence was granted Mr.Jmmsden for a fete days
on business# and the House adjourned until 9do'cloclock, A.
M., Monday piornin^.
MONDAY, NOVEMBER 11th, 18-59. 95
MONDAY, NOVEMBER Uth, *859.
The House met pursuant to adjpWuhent.
L *
Mr. Williams of •Clinch, moved to reconsider so much* of
the JOurnai of Saturday, as relate^ to the rejection of a MR
for the relief of Duncan Barlrow, of the county of Clinch.
•The same was lost.
The following hills were reported hnd rCad the first time,
to-wit:
Mr- WofFord of Cass* reported
Abill to make ah appropriation tojehdoW a chair of Nutual
Science and Agriculture in the Cherokee Baptist College,
and for other .purposes therein mentioned.)
Mr. Hartridge of Chatham, reported .
A bill to confer pertain'powers upon the Judge of tbe city
Court of Sa'vannhh, and
A bill for the relief of David Edwin Wt Irwin Of the conn-1
ty of Chatham, and "for other pnrposes, also
A bill to incorporate the Baltimore and Savannah Steam-
JBoaf Company1.
Mr. Screven, reported
A bill to exerfipt from taxation, on© acre of land m the
county of Montgomery# appropriated as the hurial place pf
George M, Trohp, deceased-, apd to constitute the Justices
of the Inferior Court of said county, trustees for the protec¬
tion thereof! and
A bill to enable certain commissioners iherein named, to sell
the old Greene Monument in the city of Savarinah, and for
other purposes^
Mr. Ely, reported
A bill to extpnd'the provisions of the poor school laws to
the purchase of school books and stationary.
Mr. Tatum, reported
A hill to incorporate the "Trenton Academy," to appro¬
priate money for the same, and for other purposes.
Also* a resolution authorizing the Governor to purchase
copies of the pamphlet laws of the present General Assem¬
bly, &o., $c.
Mr. Lumpkin^ reported
A bill to add a section to an act incorporating the town of
Athens, in the county of Clarke.
Mr. Greene of Cobb, reported
A bill to makd all property both real and personal subject
for tbe purchase money of such property.
Mr- Smith of Hall, reported * ,
A bill to consolidate the offices? of Clerk of the Superior
and Inferior Courts of Hall county.
96
journal Of the house,
Mr. Fannin of Morgan, reported ^
A bill to dmehd an act incorporating the Madison Presby¬
terian Qhurch, so far as relates to.the filling the vacancies of
Trustees, assented to 7th Deceihber, 1851, and
A bilJL to require parties propounding a will for probate to
give tq parties that would be interested if there was no will,
and the legatees under the will, ten -days notice^ of the time
and place where the. sarpo is to be offered for probate, and"
for other purposes.
Mr. Hixon of Muscogee, reported
A bill to repeal an act entitled an act to regulate the tes¬
timony of Attorneys at law.
Mr. Fain of Gordon, offered a resolution to encourage ag¬
riculture &c., which was read1 and referred to the> committee
on Agriculture and Internal Improvement.
Mr. Glass'of Clayton, offered a resolution to diirnish the
county of Clayton \yith the statutes of this State.
Mr. Lewijs4 of Greene, offered the following; resolution
which on motion was taken up, read and agreed to, to-
wit:
Resolved, That the clerk of this HoUse be authorized io em¬
ploy ten engrossing clerks if that number should be found!
necessary to expedite the business of Legislation.
Mr, BroyleS^ "reported
A bill to amend an -act entitled an act to change certain
county lines therein mentioned, approved March 1st- 1856.
Mr. Fatton of Walk,er, reported
A hill to by out and organize, a new county from the
counties of Chattooga and Walker.
Mr. Cason, reported
A bill to change the county lines between tbe counties of
Ware, Pierce and Coffee.
Mr. Gibson of Warren, reported
A bill to change the county linq between the counties of
Warren and Glasscock, accompanied by a petition for fhe
same.
Mr, Gibson of Richmond, reported
A bill to incorporate the "Richmond Fire Company."
Mr. Strickland, reported
A bill to amend fhe 1st. section, of act entitled an act to
add an additional section to the> 10th Division of the Penal
Code.
Mr. Sharpe, reported
A hili'for the relief of John S. Carpenter, late tax collec¬
tor of the county of Montgomery.
Mr. Gibson of Richmond* reported
A hill f0 facilitate the taking of cases to the Supreme
Court by Executors, Administrators and Guardians, &c.
MONDAY, JTOYEMBEB 14Yh, 1859,
97
Mn Lofton, reported
A bill to ameiid ail act entitled an act to amend the rent
laws of this State, approved December 24th, 1857.
And also an actf entitled an act to protect the owner of
land or tenements against intrude^, afnd to provide a reme¬
dy for land owners in certain cases, approved February 14th
1854k
Mr. Cook, reported
A bill to alter and amend the charter of the Atlantic and
■Gulf Railroad, and locate the west end 6f the same.
Mr. Whaley, reported
A bill to empower the Superior Courts io appoint parti-
tioners to divide negroes and other personal property, and to
authorize th,e sale of the same, &&
Mr. Baugh, reported
A bill to ambnd the 6th Article and 1st section of an act
passed ^he 27th of Dec., 1845.
MY. Parks, reported
A bill to add a part of the county of Gilmer to the coun¬
ty of Fannin, and for other purposes therein mentioned.
The House took Yip report Of the Committee on the%
bill to change the name of the Montrose Manufacturing
Company of Sparta Hancock county, and for -otjier pur¬
poses.
The report was agreed to, and the bill read a third tim,e
and passed. .
"flie House took up the report of the Committee £>n the
bill to incorporate the town of Dawsonville, and for other
purposes.
The report was agreed to1, the bill was read the third time
apd passed.
The following message was received from the Senate, by
Mr. West, their Secretary. . "
Mr Speaker:—The Senate have passed the following bills,
to-wit:
A bill to be entitled an act to incorporate the Georgia
Insurance Company.
Also, a bill to be entitled an act to amend an acit entitled
an act* to charter the Charleston and, Savannah Railroad.
Also, a bill to be entitled an act to amend an act entitled
an act, to alter and amend the Road Taws of this State, so
fau as relates to the!1 county ctf Wayne, assented to ^December
22d, 1857.
Also, a bill to be entitled an act to alter and amend an
act, incorporating-the town of Lincolnton, and the several
acts amendatory thereof.
Ah 3. a bill* to amend the charter of the pity of Gnf-
£n,a
7
98 JOURNAL OF THE HOUSE.
Also, a bill to regulate the school fund of Habersham
county, an,d for other purposes therein named.
Also, a bill to incorporate the Clarke county Agricultural
Society, and to confer certain powers ahd immunities on the
same.
The HoUse took up the report of the Committee on the
bill to prescribe the liability incertaih cases of persons hiring
slaves.
The same was amended.
The report as "amended was agreedio. The 3^11 was read
the third time'and lost.
The House took tip the report of the Committee On the
biR to incorporate an Insurance Company, in the city of Col¬
umbus, to be called '-The Western Georgia Insurance Com¬
pany.
Mr. Hartridge from the committee on Banks to whom,
said bill was referred proposed to amend the same by ^hang¬
ing its name to, The Georgia Home Insurance Company".
The amendment was received.
The report as amencled was agreed to, ih,e bill was. read
the third time and passed as amended,
ThO House took up the report" of the Committee on thei
bill for the relief of Seaborn Stringer, of the county of Hit*
chell.
The report was agreed to, the bill was read the third time
and lost.
The House took up the report of the committee on the
hill to repeal an act to increase the salaries of the Execu¬
tive and of the Judges of the Supreme Court and Superior
Courts of this State, assented to December 22 d, fS57.
_ Upon the question of agreeing to the report of the Judi¬
ciary Committee, which was adverse to the same,
Mr, Fain of Unioh required the yeas and nays to "be re¬
corded,
ThOrC are yeas 109, tbere are nays 33
Those who voted in the affirmative are Messrs:
Alexander, Causey, Echols,
Allan, Clarke of Elbert, Ector,
Barksdale, polvard, Edmondsou,
Baugh, Coleman, Ely,
Blakey, Cook, Fain of Gordon,
Bivins, Cullens, Fahnin of Morgon,
Brinson, David, Fannin of Troup,
Brovm of Sumter, Delamar, Finney,
Brutoii of Forsyth, Delony, Fortner
Brewton of Tatt- Dixon, Gay, f
nail, HarU Glass,
Cfisoh, Eberhart, Goodman,
MONDAY* NOVEMBER T4M I8d9,
Green of Pehb* Knox,
Green of Houston, Eewis of Gfreene,
Hardin, Lewis of Hancock,
Harper of Henry, Lester,
Harper of Sumter,Lofton,
Harris, Lumpkin,
Hartridge, Martin,
Heath, McOpnts,
Hencfetson of New-McComh,
ton, McCr&iry,
Henderson of W orthMcEver,
Holcben, McKea,
HolToman, McWhOrter,
Holland, Mitchell,
Hopkins, Morris,
Hbwell of Lowndes,Nobles,
Howell of Milton, Norwood,
Hurst, Parks,
Hhtchins, Patriot*,
Irwin, Perry,
Johnson, Pilcher,
Jjpnes of Mitchell, Pitfs,
Jones Of Rahun, Register,
Keeling, Richard,
Kelly, ' Kozier,
Knowles, Scott,
Screven,
Settle,
Sims,
Smith Of Rryan,
Smith of Coffee,
Smifh of Hall,
Smith of Twiggs,
Solomons,
Sweat,
Tapley,
Teriyil,
Thrasher#
Tprner,
Tuggle,
Vanovef,
Vatighn,
W alfon,
Ware,
Whaley,
Wicker,
Williams of Clinch,
Williams of Musco¬
gee.
Wilson,
Young,
Those wfio voted in jfche negative were Messrs
Broyles, Holmes,
Daniel, Joiner,
Fain of Gilmer, Kerinon,
Fain of Union, Key,
Farnell, Lumpen,
Fleming,
Gihson of Rtch-
mond^
Gibson of Warren,
Henderson of Hen-Mintz,
Patton,
Feeder,
Selman,
Sharpe,*
Smith of Towns,
Sockwell
McDonald of Lum- Strickland,
kin, Tatuirfy •
McDonald of Mur- Underwood,
raV, West,
Whittle,
Wofford,
Worley.
Harrington# Price,
Hockenhnll, Ragsdale,
So the report was agreed .to, and the hill therefore lost.
The House took up the report of the committee on the
hill to add a section to the 1st. Division of the penal Code of
this State*
The? same was on motion of Mr. Lewis of Hancock, a-
mended by substituting the punishment of death for confine¬
ment in the penitentiary,
The report as amended wafe agreed to.
aoo JOUI&'AL OF THE HOUSE.
The bill was read the third time, and passed as amend-
6<1.
The House took up the report of the committee on the
hill to amend the law iri relation to pleading, and amendment^
thereof, nhd far dther purposes, on the bpl to prCsdribe the
manner1 of drawing juries in Justices Courts, and
A bi|l to exempt from levy and sale in \he hands of
purchasers and others obtaining the same, all propmty ex-,
empt by law while in the hands of flebtots.
The Judiciary Committee having reported against the
passage of said bills,
The report was agreed to, and the bills lost.
The House took up the report of the Judiciary Copimit-
tee on the bill to regulate the practice of the Superior Court®1
of this State in certain cases, and for other purposes.
The report waS agreed to, the bill was read the third, time
aaid passed.
The Horace took up the report qf the Judiciary Committee
On the bill to empower Ex-Judges of the Superior Courts
to sign hills of Excep^ionp in certain cases.
The report wgs agreed to, and the bill read the third
time and pas$ed.
The House took up the report of the Judiciary Commit¬
tee on the bill to prohibit the past-mortem manumission of
slaves. %
The report was agreed to, the bill was read the third time*
and passed. t
The House took up the report of the Judiciary Commit-)
tee on the bill providing for citizens of other States and ter¬
ritories of the United States to act as Executors co-Execu¬
tors and Administrators jn this State* under certain circum¬
stances therein mentioned.
The report being adverse tq the passage of the same was
agreed- toi, and the bill therefore lost.
The House took up the report of the committee on the
bill to incorporate Hirman Lodge No, 1S9, qf "Free and
Accepted Masons, and for other purposes therein men¬
tioned.
The report was agreed to, the bilj was read the third time
and passed.
The House tqok Up the report, of the Committee on the
bill to allow additional compensation to the (Sheriffs of Hall
county.
The report was agreed to. The bill xVas read the third
time enA passed.
^ The House tpok up the report of the committee op the
bill to relieve certain persons in Mcintosh county from jury
dutf. *
^ Thd report was agreed to. The b^l was read the third
time and passed.
MONDAY, H0VEM3EK 141H, 1859. 101
The House took up the report of the Coaimittee> »4 the
"bill tp add a Section to the get incorporating the to^fh of
Dahlonega.
The report wa^ agreed tP, the hill was read thq third time
and passed.,
"The bill for the reliefof And! J. Lovelady, pf the county
of Pickens, and for of her purposes, "was on motion of,
Mr., Price pf Pickens, referred tp a special Crmmittee con¬
sisting* Pf, Messrs. Price of* Pickups, Smith of'TPLester,
Ely and Fain of Gilmer*
The bill to create a new Judicial Cirqmt to be called the
Hiwasseb Circuit ,*was laid bn the tablo subject to the Call
of the mover Mrr Smith of Towns.
Thp House took up the rqpOrt Pf the committee cut thd
bill to repCal an act, Assented to December llth, 1858, so
far as relates tp the county of Wilobx, regulating t&vfern li¬
censes in this State, •
The report was agreed to, the bill was read the third time
and passed.
The House took hp the report of thp Committee pn the
bill for the teLpf of the estate of Rob eft Bradford, deceas¬
ed, and Samuel MofFet and Kobert H. Bradford ExccutPrs,
Pf the same.
The report was agreed to, the bill Was read the third time
and passed. -
The Iiouse took up the report of the Committee on the
bill to incorporate tbe town of Georgetown of Quitman counj
and for ty, pther purposes. ^
The repbrt was agre'ed to, the bill was read the third time
and passed.
The House took* up the report of the Committee pn. the
bill to reyisp, after and amend an act entitled an act id ap¬
point trustees fpr tbe Jackson county Academy, and to incor¬
porate the same, assPnted to 20th November, 1818, nnd for
Pther purposes therpin expressed.
The report was agreed to, the bill was read the third time
and passed.
The bill to compelnon-residents owning land in the coun¬
ty ofWorth, fo pay faxes oh the same in said county, was re¬
ferred to the committee on Finance.
The House took up the Senate resolution relative to the
Branch Mint Pf Dahlonega and, concurred in thp same,
The Senate resolution relativp to thp appointment of a
Joint Cpmmittee to make preparation fpr thp celebration of
Thursday 24th inst.* as a day pf Thanksgiving was takpn upr
rekd and concurred in.
The Speaker on the part 0£ the House appointed under
this resolution, Messrs* McCombj Lewis of Hancpck^ Lester,
Smith of Towns apd MpWhorter.
102 JOURNAL OF THE HOUSE,
The-following resolution of the1 House was taken up read
and, agreed fo, to-wit: *
Resolved, T^iat this House yill not entertain any propo¬
sition, to change the present -county lines of any county in
this State without a petition or the written consent of the
parties who gfe to bo affectdd thereby.
The jlouse took up, read ahd agreed to the resolutiomof
the Senate requiring the Judiciary Committer to enquire in¬
to the -importance of a change in the*present mode or hold¬
ing Sheriffs, Executors, Administrators. Guardians and Trus¬
tees in this State.
Mr. Smith of Towns, was added to the Judiciary jCogi-
mittee.
Mr. Mtntz to the Corrimittee on the Lunatic Asylum- ^
Messrs. Jones pf Mitchell ahd Ghusey^ to the committee
on the ^sylum for the Blind*
Messrs. Terrell, Stewart, Patton and Echoes to the com¬
mittee nn new counties.
The following bills were tead the second time pnd cOm-
jnitted ior the third readiug, to-^ut:
A, hill to attach lots of land No's. 54 and 5*5 in the 7th
district of Randolph county, to the county of Clay.
A bill for the relief of Reuben Cloud of Deeatur county.
A bill to repeal an bet to amend the road laws of this State,
e© far as relates to the county of Coffee.
A bill to alter and amend the road laws of this State, so
far as rebates to the county*of Cherekee.
A bill to refund a tax paid by the North Western Bank fo
the Tax Collector of Catoosa county.
A hill to change the lilies between the coiintiqs of Clinch
tod Berrien, and
A foil! providing for the probating of \yills and taking tes¬
timony in Courts of Ordinary by Commission, <Jfc,
The rules were suspended on motion of Mr. MpWhorter of
Greene, and the House adjourngd until 3 o'clock, R. M.
THREE O'CLOCK, P. M.
The Hduse met pursuant to adjournment.
The foRowing bills were read the second time and com¬
mitted for the third reading^ lo-wit:
Abill to alter and amend the thirty fifth section of the fourf-
feentl| ^Division pf the Penal Code,
A bill for the relief of Wilson W. Poey of the county -of
Early.
A bill th compensate Or. Wilson Z. Cock of the -county
of Eariy,
A bill for the relief J*. E. McMullons of Echols cotmty.
MONDAY, NOVEMBER, HTH 1859. 103
A bill tp appropriate a sum of money to' compensate John
A. Towers ot the county of Floyd, for improvements in
the navigation of Coosa rivet.
A bill tcf incorporate the tloyd Cavalry Company,, and fo^
other purposes- *
A bill t6 change the line between the counties of Appling
and Coffee, *
A bill to account with the trustees of the University of
Georgia, tor the interest due on the sale of Uriiversitylands,
and to provide for the payment of"the same,
A bill to regulate the fees of jurors in Justices tfeurts* in
the counties 01 Catoosa and Dade.
A biR for the relief of Johp, R. Dyer, Executor of Antho¬
ny DyeU deceased.
A bill to incorporate the town* of Blackshear in Pierce1
cothity, and to provide for the'government' of the same.
A bill to amend an act to define the liabilities of the sev¬
eral Railroad, Companies of this State, for injury to persons
or,property, to prescribe in what counties they may sue and
be sued and how serted with process, approved March 5th,
1856.
A bill to incorporate a Mining Company in the county
pfi Carroll, &t.
A bill to aid the citizens of Georgia in the construction
Of Railroads in this State, upon the conditions and, limita¬
tions therein specified.
A bill to donate all negro slaves executed for the com¬
mission *of capital offences against the laws of this St^tp, tb
the several Medical Colleges within the same^ ,
A bill'to change thptime of holding elections for county
officers in this State.
A bill to alter and extend the provisions Of hn act entitled
an act- to exempt from levy and sqle under execution,
certarq ptOperty therein mentioned, assented to 'December
11th, 1841, and to repeal a portion of said act,
A bill to allow and ftiakh compensation to the Reporter
of the Supreme Court, for certain volumes of tlie decisions
of said Court, furnished by him under the provisions of thb
act of 184i>. k *
A bill to fix the amount of claim bonds in the Justice^
Courts in this State.
A bill to reduce work on foad^ ip. the cpunty of Wilcox.
A bill to compel the Sheriffs, Clerks, fo advertise their
sales &e., of Randolph county on certain conditions.
A bill to authorize the Inferior Court of Schley county to
levy an extra tax for county purposes. „ „
A bill to alter and change the election of tax receivers
{nicl collectors.
A bill tp authorize the removal of trustees, and f°r other
purposes.
104
journal of the house.
A frill to repeal an act amendatory of the Penal Code
&c. *
A till to authorize the Inferior Court of the county of
Tattnall tojevy an extra tax, for county purposes.
A bill to create a new Judicial Circuit, apd to moyide
for thef appointment and election of a Judge and Solicitor
General thereof.
A bill to compel trustees in certain cases ^ therein men¬
tioned to make -annual returns to the Ordinaries of the sev¬
eral -bounties of the State of Georgia.
A bill for the relief of Mary Francis Nunor of the county
of Bibb, arfd for other purposes.
A bill to amtend the Judiciary act of 1779,
A bill, to incorporate the -Fort Hoyal Railroad Company.
A bill fo amend the charter of the town of Washington.
A bill to incorporate1 the Eatonton and Madison Bail-
road.
The following hills were read the. second time and refer¬
red to the Judiciary Committee, to-wit:
A "bill to make Justices of jfche Peace in the several Militia
Districts in this State, ex-officio* road and patrOl cohimis-
«ioners.
A bill to require securities and endorsers when they give
notice, to do so in writing.
A hill to repeal the act organizing, the Supreme. Court.
A bill to repeal an act abolishing imprisonment for debt,
<5^0.
a bill for the relief of James RozierN
fhe following bills we're read the second time and teferred
to the compiittee, on Public Education, to-Wit:
Al bill tq repeal kn act entitled an act to provide for "the
education of the children of the State, between certain ages
and to provide an aiinnal, sinking fund for the extinguish-*
merit, of the, public debt, and to provide for the application
of the netf earnings of the W. & A. Railroad, and for other
purposes.
Op motion of Mr. Scteven of Chatham, the following res¬
olution was taken up, read, and referred to the committee
On Finance,- to-wit:
Retailed, By the Senafe and House, of Representatives* of
the State of Georgia in General Assembly mef, that his Ex¬
cellency the Governor, be and he is berebj* requested, arid
authorized to purchase two hundred copies of Opblfs Gen¬
eral Index to fhe Georgia Reports, and two hundred copies
of Milieu'^ Digest of the decisions of the Supreme Court of
Georgia, for the use ©f the State House Officer^ and of the
counties of this St^e, $nd fa draw his-warrant on the XreasT
ury for the payment of the same-
ItONDAy.SoVEMB^B 14TH, 1S59. 105
^ The following bills ©f the House were read the secpnd
time ap& ordered to be, Engrossed, to-wit «c
A bill to protect the legacy left by the last will and testa¬
ment of William Martin, deceased^ for the benefit of the so¬
ciety fat Jefferson, Jacksoii county, Georgia) of the, Metho¬
dist Episcopal Churph South, and for othep purposes.
A bill to authorize Samuel IrVsdn of the county of Claytdn
to practice inedicine.
'The bill to provide for the education ©f a tdafeher of the
„t)eaf and Du,mb, was read the spcohd time and referred to
thq, Committee on the Asylum for theT)eaf and! Dumb.
iyso, the bill to appropriate a sum of myney to pay cer¬
tain persons for work and labor done and material furnished
about the Deaf and Dumb Asylum.
'The bill defining ' the duty of the several clerks of the
Court of .Ordinary in this State, fin relatiion to granting
•marriagelicense in certain"cases therein mentioned, and to
prevent tl^e same, and for Othei; purpose^ was ;r©acf the sec¬
ond1 time and Referred to u select committee cdnsi^ting q£,
Messrs. Leyds of Hancock, Holdeh, Clarke of Elbert, Alex¬
ander of Floyd and Smith ©f Towns.
The following bills were read the second time andVeferred
to the Committee pii New Couhties, to-wit :
A hill to alter and change the line between the counties of
GJa^scock and Warren,
A. bill to lay 6dt and organize a. new county out of the
Counties of Columbia, Jefferson and Grlasscqck.
A hilt to create a new county out of thp counties of Wayne
and Appling.
•The fpllowing bills of theHouse were read the second time
and referred to the Committee op Agriculture and Intern#!
Improvement, to-wit:
A hill to change the name of the Southern Central Agri¬
cultural Society, and to incorporate the Planters" Club ©f
Hancock county.
The hill to amend an #ct to incorporate the u The Savam
nab, Griffin and North Alabama Railroad Company, assented
to 11th, day of February, 1854, and to- repeal sections 7, 8
ami 9 of said hdt, and t6 substitute two* additional sections
in lieu thereof.
Was read the second time.
The Houjse then adjourned until 9^ o'clock, A. M., to¬
morrow morhing.
106
JOURNAL OF THE HOUSE.
'TUESDAY, NOVEMBER 15th, 1859.
The, House met pursuant to adjournment.
Leave of absence was graced Mr. Kennon for a few days
ou account of illness in his family.
Qn motion of Mr. Alexander of Floyd so much, of the
Journal of yesterday ^ras reconsidered, as Relates io the re¬
jection of the bill to amend the law hi relation to pleading?
and amendments thereof* .and for other purposes therein
mentioned.
The bill to change the lines between thd counties, of
Clinch and Berrien, was referred to the Committee on New
Counties.
The Committee on Agriculture and Internal Improve¬
ments, to whom was referred a bill, to reduce and establish
tthe rate of freight on lime carried over the W. & A. R. R.,
so as to facilitate tlie use of the same for agricultural pur¬
poses, repotted as a substitute for tbe samev " a bill to re¬
duce f fye rates of freight on lime* salt, guano, and, all other
fertilizers parried pver the W. & A. R. R», where the samd
are to be used exclusively for agricultural purposes."
Tbe House took up tbe report of tbe committee on the
bill to amend an act entitled an act to incorporate the Ya-
hhola River and Cane Cr^ek "Hydraulic Hose Mining Cqm-
pany, assented to December 11th, 18-58.
The sai^m was amended.
The report, as amended, was agreed to, the bill was read
tbe third time and passed with amendments.
The House took up the report of the committee on the
bill to be entitled an, act to incorporate the Etowah and
Auraria Hydraulic Hosp Mining Company.
The report was agreed! to, witb amendments proposed by
fhe Committe on Internal Improvements, the bilk Was read
the third time and passed as amended*
^ The-Uouse took up the report of th? committer on the
>H1 to Abolish the public execution pf criminals condemned
to death by the laws of this Stale, and tp prpvide for their
executiohiu private.
The same was amended.
The report, as amended, was agreed to, the "bill Was read
the third time and on tlip question of its passage, the yehs
and nays being recorded, there are yeas 88, there are nays
60.
Tuesday, November ma, 1359. 107
Those who ^oted in the affirmative are Messrs:
Alexander, Henderson ofNew'nMorris,
Allan, Herrington, Mullens,
Barksdale Hockenhull, Parks,
Bivms, Hogans Pilcher,
Brinson, Holden, Pitts,
Brown: of* Sumter, Holloman Prespott,
Ciapon, Holmes, R^gsdale,
Causey, Hopkins, Richards,
Clark of Elbert, Howell ofLowndes,Rozier,
Cpl^ard Howell of Milton, Scriven,
Conley, Hutchins, Splman,
dookj Irwin, Settle,
Cullens, Kelly, Sharpe,
Dixon, Key, Sims> »
Earle, Lewis of' Greene, Smith of Bryan,
Echols, Lewis of Hancock, Smith of Twiggs,
Ector, iLester, Solomons,
Fain of Gordon, Lockett, Stewart^
Fannin of Mprgan, Lofton, Sweat,
Eanni,n of Troup, Lumpkin, Terrell,
Finney, Mays, Turner,
Gibson of RichmopdMcGomb, Tuggle1,
Gibsop of Warren, McCrary, Yanover,
Greene of Cobb* McDonald of Lump-Walt cm,
Grovensteine, kin, Whittle,
Harper of Henry, McDonald of Mur-Wickef,
Hafcper of Suipter, ray, Williams of Muspo-f
Harris, M&Rpa, gee,
Hartridgey McWhortef, Wilson,
Heat'h, Mintz, Wofford*
Henderson of Henry
Those who voted in the negative are Messrs:
k»
Baugh, Farnell, J ones oh Rabun,
BJakey, Fleming, Keeling
Broyles Fortpen Knowles,
Bruton of Forsyth, Gay,. Knox
Coleman, Glass, Margin,
^Daniel* Goodman, McGants,
David, Graham, MeEvpr
DeLamar, Henderson of WorihMcLendpp,
Delony, Herrington, Mitchell^
Dufour, Holland Nobles,
Eberharf, , Hurst, Norwood*.
EJniondson, Johnson, Button,
Fain of Gilmer Joyfler, Perryv
Fain of Union, Jones of Mitchell, Price
108 JOURNAL OF THE HPU&E.
Register,
Reeder,
Scott,
Smith of Coffee
Smith of T6wns,
Soekwell,
TjSipl©y j
Tatum,
Taylor,
Ware,
West,
Whaley.
vvnaitry,
Williams erf Clinch,
Worley,
Young.
Thrashei4,
Underwood,
Vaughn
Strickland,
So the bill was passed.
The hill to provide for1 the call of a convention to reduce
the number of the General Assembly of the State Of*£foor-
gia, and to make such other alteration^ in the Constitution
as ihay be deemed essential, ana fox other purpose^ was
made the special order for Thursday next, and two hundred
copies of,%the same ordered to be printed for the use of the
Hohse.
The House took up the report of the committee on the
bill to add a portion of Johnson -county jto the county of Lau¬
rens.
Tlie report of the committee oil new countiep, which Was
adverse to the passage of the same, *was agreed to and the
bill therefore lost.
The House took up the report of) the Committee -on- |he
bill to incorporate the town o£ Bowden in th,e poun\y of
Carroll, and for ofhe;rpurposes therein mentioned.
The same Was amended, on motion of Mr- Thrasher, and*
the report as amended agreed to. The bill was read the
third time, and passed.
The bill to Create the office of State's Attorney was "with¬
drawn by the mover, with the Unanimous consent of the
House.
The House took up the report Of the Committee oh the
bill granting administrators pertain privileges in selling pro¬
perty of estates.
The Judiciary Committee having reported against the
passage of the bill, the report was agreed to, and, the bill
therefore lost-
The House took up the Report nt the committee On the
bill to amfoid an act for the better regulating fences in th^
Province 6f Georgia, approved March 7tlr, 1759.
The report \Vas agreed to, the bill was read the third time
hnd passed.
The House took up the report of the committee on the
bill to afoehd the law in relation to the foreclosure of mOri
ga&es on re^l property, and the -sale thereof, and to prescribe
a form for afTmortgages, and for other purposes therein
mentioned.
The same was amended.
TUESDAY, NOVEMBER 15th, 1659. 109
The report, as amended, was agreecf to, thh bill was read
the third time and passe/f.
The following Message was received from the* Senate? by
Mr ji West, their Secretary:
Mr. Speaker: The Seriate have passed the following Tpl^s:
A bil^t to be entitled an act to incorporate the town* of
Perry in Houston county, and to extend the liipits of tbo
same, and to repeal an act to incorporate the totvn of Peri^y
passed December 28th, 1828. Also,
♦A bill to be entitled an act to change the line between
the counties of Early and Calhoun. -Also,
A bi.ll in relation to new trials- Also,
A bill to be entitled an apt to amend ,an act, entitled an
act to provide for the education of the children of this
State. Al^o,
A bill to be entitled an net to change the line between the
counties of Elbert and Hart. Also, *
A bill to be entitled an act to authorize guardians of in¬
sane persons to be rhade parties to suits. Alsp"
A bill- fo.be entitled an act to authorize juries to assess
damages m matters of illegalities, upon certain conditions.
Also,
A bill in relation to the admission pf evidence. Also,
A bill to *be entitled an acf to authorize the administra¬
tors of the estatp pf James Ypung, Siv, to sell the property
of said estate, and toinake titles to the same. Also,
A bill to be entitled an act to add the county of Wilcox to
the Second Congressional District. Also,
A bill to be entitled an act to prohibit persons froln pois¬
oning fish in the water course^ of Irwin county. Also,
A bill to bp entitled an act to incorporate the Thomasville
manufacturing, agricultural and commprciabaksociation, and
for other purposes.
The Senate has also agreed fo a resolution that the Gener-*
al Assembly appoint a committee to take into consideration
the promotion of the arts knd sciences of this State.
Also, a resolution that the General Assembly cjo meet in
the Representative "Half on Satbrday the 19th inst, at 12
o'clock, tp elect two commissioners fo codify -the laws Pf
Georgia.
The House, took up the rep or f of the Committee on the
bill for thd punishment of small offenpes and misdemeanors.
The report of the Judiciary committee, which was ad-
Verse tp the sable, was agreed to1*, afid the bill was therpfbre
lost.
The IfousP wPnt into cpmmittee of the whole, Mr. Me-
WhPrtetf of Gbeene in the chair, on tbu bill to appropriate
110 JOURNAL OF THE HOUSE.
$U£00 00 towards the building of a bridge over Spring
Creek in Miller county. . ^
After some time spent therein the committee arose, and
through* their chairman, reported the sortie back to the
House \yith an amendment striking V>ut that portion of the
■bill which provided an appropriation.
Upop the question of receiving the same, the? yeas and
nays were required to be recorded. There are yeas 7'9, there
are nays 43,
Those who voted in the affirmative ate Messrs p
Barksjale,
Blakey,
Bivins,
BranSon
Broyles
Bruton of Forsyth,
Cason,
Causey,
Colvard,
Colepian,
Conley,
Cook,
Cpllens
Daniel,
David ?
Dixon,
Earle,
Eberhart,
Ector,
Edmondson,
Fain of G-ilmer,
Fannin? of Morgan,
Fannin of Troup,
Finney,
Goodman,
Grovensteine,
Jiarper of Henry,
Harper of ISumter, NorWood,
Henderson pf HenryPatton,
Herrington,
Hockenhull,
Hogans
Holden,
Holland,
Hollomany
Horsley
Hurst,
Hutchins,
Jones of Rab|in,
Kelly,
Lewis of Greene,
Lewis of Hancock,Turner
Pilcher,
Pitts,
Reeder,
Rozier,
Scott,
Selman,
Settle^
Sims,
Smith of Uall,
Stewart
Strickland,
Taylor,
Lockett
Lurhpkinj
Martin,
McCants,
McCrairy,
McEver,
McLendon,
McRea,
JVlcWhorter,
Mintzr,
Mitchell,
Mullens
Tuggle,
Underwood,
Vaughh
Waltpn
Ware,
West
Whittle
Wicker
Wilson,
Worley,
Thosq who voted in the negative are Messrs:
Alexander, Gibson of Ri,ckm'nd, Joyner,
Bahgh, Graham, Jones of Mitchell,
Brewtonof TattnaljHarris, KeClino-
DeLamhr, Hendersop of W orthKno wles,
Ely, Holmes Knox,
Fain of Union, Hopkins, Lester
Lowell q£ Uowndes,McDonald of Lump-
Johnson, kin,
Glass,
WEDNESDAY, NOVEMBER 16«rn, 1859. I if
McDonald * of Mfir^Richards, Tatum,
Screven Terrelfy
Mays^ Sharpe, Thrasher,
Morris, Smith of Bryan, Vanover,
.Nobles, Smith of Coffee, Whaley,
Berry Smith of TofWns, Williams of Clinch,
Price* Sockwelfi, Williams of Mus'gea
Ragsdale, Solomons, Wpfford,
Register, Sweat* Yonng.
So the amendment was received,
The hill Was then, on motion-of Mr. Joyner of Miller, post¬
poned indefinitely.
Mr. Gibson, of Richmond, was added to the Special Com¬
mittee^ to whom Was referred a bill relative to free negtoes,
&c., &c.
The House adjohrned nhtil 9£ o'clock, A. M., to-mor¬
row,
WEDNESDAY, NOVEMBER i6th, 1859.
The House met pursuant to adjournment.
On motion of Mr, Joyner of Miller so much of the Jour¬
nal ofi yesterday as relates to the amendments and indefinite
postponement pf* fihe hill appropriating 11,500 00 to, the
building a bridge across Spring Creek in the county of Mil¬
ler was reconsidered.
Leave of absence for a few days on business was granted
Messrs, jjeath of. Burke, Selman, of Walton, Smith bf Hall,
Und Hurst of Walton.
The following bills were reported and read the first time,
to wit:
Mr. Wbfford? reported,
A bill foa; the relief of Arthur Haire of the county of
Qass,
Mr. Tuggle reported?
A bill tp prescribe the terms for which receivers of tax re¬
turns, tax; collectors and county treasurers shall field their
offices.
Mr, Worley reported
A bill to regulate the paper currency, to prohibit the cir¬
culations of B^nk bills or notes under ten dollars and for oth¬
er purposes.
JOURNAL ,OF THE HOUSE,
The following message was received frorh. the Senate by
Mr. West thexi* Secretary.
Mr. Speaker:—The Senate has passed the following hilts,
A hill to he entitled au act to incorporate the town-of
Berry in Houston -county and to extend the limits of the,
same, and to repeal an act to incorporate the town of Perry in
H oust01^ county, and to define the duties and authorities of
the samp, passed the 28th December, 1838, and for Other
purposes therein named.
They have also passed a hill of the House of Representa¬
tives to be entitledwan act to authorize the State Treasurer
to make certain advances, with an amendment in which they
ask th,e concurrence of the House.
On motion of Mr. G-ibson of Richmond the rules were sus¬
pended ahd Senate amendment to the bill to authorize the
Treasurer to make certain advances, was concurred in.
Mr. Hogans of Charlton, reported,
A hill to protect the possession of lands in the county of
Charlton, &c. And,
A bill to alter and amend the 2d section of an act approved
January 21st, 1852, and for other purposes therein men¬
tioned.
M?r, Edmonton, of Brooks-, reported,
A bill to incorporate the town of Quitman in Brooks
cpunty and for other purposes therein mentioned.
Mr. Lfimpkin, of dark, .reported,
A bill for the the relief of Charles & Oliver and Charles
J. Oliver of Clark cOunty.
Mrf Delony of Clark, reported,
A bill to incorporate " Thd Relief Fire tlompany No. 2,
in the Town of Athens.
A hill tq provide for the rendition of fugitive criminals,
and,
A bill declaring the rights of husbands in, and to the prop¬
erty pf their deceased wives and to fix the liabilities of hus¬
bands upon the contracts of their deased wives and for other
purposes.
jjVlr, Gray of Colquitt, reported,
A bill to change the name of James Mercer to James D.
Robinson and for other purposes therein mentioned.
Mr. Hockenhul],, reported,
A bill to change the lino between the counties of Dawson
mnd Bumpkin so as to include the residence of James Rico
in the county of Dawson.
Atn. Tatum* of Dade, reported,
A bill for the relief of Francis Daniel, Sheriff of the coun¬
ty of Dade.
Wednesday, NOVEMBER isth, issg. its
Mr- Screven of Chatham reported,
A hill to amend the several acts of the G-eneral Assembly
relating to the Savanna,}! and Albany R^il Road company,
&c., <®c., &c.
Mr. Ely Dougherty reported,
A bill to alter and amend an act pointing put the mode of
collecting ^ certain (description of debts therein mentioned
approved Dec. 19th, 1818 and fo extend the provisions of
thp same so as to embrace corporations,
Mr. LestOf of Cobb» reported,
A bill to amend the second Section of ah act entitled an
act to provide against the forfeiture of the several bank
charters of this State, on Recount of non-specie payment for
a given time and for Other purposes tferein.named, passed
&2dl)dc. 1857.
Mi\ Williams of Clinch, reported,
A bill to »amend an -bet entitled an act entitled to
amend the Road laws of this State so far as relates t6 the
county of Coffee* approved 1st March 1856, and apply itsf
provisions to the county of,Clinch.
Mr. CullOns reported,
A bill to re-imburse the county of Early fos mrfney »es-
pended in arresting the spread of Small Pox.
Mr. Lewis of Hancock, reported*
A bill for the better protection of the mortis of the yOuth
of this State.
A bill mpre effectually to carry into effect the 13th sec¬
tion of the 4th Article of the Constitution of this State, to
promote the arts and sciences, and to provide for the* educa¬
tion of teaehers at the fJniVersity, and for other purposes.—>
And t i
A hill to lend the bonds of the* State of Georgia to Mark
A. Cooper and for other purposes.
Mr. Lewis, of Greene, reported,
A-bill t& amend the act of the 11th DeC. 1858, in relation
to insurance companies, and express companies doing bush
hess in this State.
Mr. Kelly of Glascock, reported,
A bill to prevent the marriage of CoUsinS.
Mr. Fain, of Gilmer^ reported,
A hill to authorize the Justices of the Inferior Court of
Gilmer county to levy and collect an extra tax f6r the pur¬
pose of paying the county debt created by the buildihg of
their last court house.
Mr. Terrell reported,
A bill* to compensate Justices of the Peace in Decatur
county for making out and, returning lists of poor children
tp the Ordinary.
Mr. Register reported,
A bill to prevent the burning of the wopds in the county
8
114: JOURNAL OF LEE HOTJSEr
of Echols at certain seasons of the year, and for other pur¬
poses.
Mr. Earle of Franklin reported, , u x
A hill to incorporate the Indian Greek Baptist Church ill
the county of Franklin, and for other purposes.
Mr. Trasher, ofFhlton, repotted, _
A hill to incofporate the Gate City Guards of Atlanta
and to grant certain immunities and privileges to the samp.
Abilltobe entitled an act to make Hannah Jarrefi k
^6'rri6 sole tr8id6x«
Leave 0} absence was granted Mr. Joyner on account of
indisposition.
Mr. Riits offered a memorial of Eugene F„ Coky of Madon
county which on his motion "was referred without "being redd
to a select committee, consisting 'of Messrs. Williams of
Muscogee, Harris of Glynn, Lockett of Bibb^ McCdmb of
Baldwin and Ely of Dougherty.
Mr. Ector reported,
A bill for the encouragement of Volunteer companies and
the better organization of the military force of this State.
A bill to exempt "from levy and sale under execution or
otherwise certain property herein mentionod and,to repeal
all exemption laws in this State. And,
A bill for the relief of Sterling S. Jenkins of the -county
6f Merri\Veather,
Mr. Hopkins reported.
A bill for the relief of William Middleton of Hie county
ofMcIntpshj
Mr. McDonald of Murray reported,
A bill to lay out and organize a new county out of fhe
counties of Cobb, Cass, Cherokee and Paulding and for oth¬
er purposes therein mentioned.
Mr. Howell of Lownd,ep reported,
A bill to add that part pf the 11th District *of what was
originally Irwin county, which lies west of the Alapaha
"river, but which is now in the county Echols to the pounty
of Lowndes.
Mr. Price of Pickens reported,
A bill to enforce full returns of property.
Mr. Hpvell of Milton reported,
A bill to reduce the Sheriffs bond of the county of Mil¬
ton,
Mr. Taylor of Randolph reported,
A hill to incorporate Spring Vale Institute in Randolph
cptmty,
Mr, Coleman reported,
A bill for the relief of Wm. F. Shannon.
Mr, Mitchell of Pike, reported,
A bill for the relief of Riphard Myrick of Bike county ^
WEDMSDAt; HOVEM&Eft i6TH, 1859. 115
hlr. Williams of Muscogee^ reported,
A bHl to raise- the salaries of1 Secretary of State, Comp¬
troller General, Treasurer, and Surveyor General to two
thousand dollars each per annnm, to increase- the duties o£
■Comptroller General and, ifo provide conipensation 'for the
same and for other purposes therein named/ And,
A hill to facilitate the rendition of judgments against
Sheriffs and their securities.
A hill to amend'the laws in relation to Jmy fees. And,
A bill to* prescribe the manner in which Judges shall
give their eharges to Juries,
Mr. Dixon of Muscogee reported,
A hill to incorporate the Georgia Greys of the city of
Columbus and to extend to them certain privileges.
Mr. Jones of Mithell reported,
A hill to amend an* act to incorporate the town of Camil¬
la,, approved March 3d f856. And,
A bill to protect landlords in the possession of their land
and for ofher purposes.
Mr. Grpen of Houshoh, repotted,"
A hill to Jefine-Oertain -duties of the several Railroad
Agents of this $tatp and for ether purposes therein me'm.
tioned.
Mi;. Gibson of -Richmond repOrted,
A bill to present Itinerant trading m this $tate.
Mr. West of White, reported^ i
A hill to changd the line between Habersham, and, White
ounty land for other purposes. ,
Mr, Irwin of Washington reported,
* A bill tp erect a monument to "Governor Jared Irwin in
the tcfwn oftkndersville.
Mr. Wicker of Washington reported,
A bill to exempt from levy and sale one negro,
Mr. Prescptt of Scriven, reported,
A biH to* incorporate-the towns of -Sylvania and Scarfioro
in the county of -Scriven. And,
A bill to prevent the killing of deer in the bounty of
Scriveiv
Mr, Causy reported, ^ w
A bill to change the time of holding the Inferior Court of
Webster county.
Mr". Splman, of Walton, offered, the following resolution,
io wit ; i
"Resolved, by the House of" Representatives that no new
matter wjll he received into thishody aft^r the regular ball
of thd counties on, Wednesday* the 23rd inst.
Resolved, That the present Legislature will adjourn on
the 1st day of December, nexL
The bill to amend an act to define the liability of the
116 dOUBEAL OB THE HOUSE,
several Railroad companies foii injury dope to persons and
property &£« And, ' ,
A bill to make Compensation to the Reporter of the Su¬
preme $ourt for certain volumes of the decisions- ©r sain
Court furnished by him under the provisions of the act of
1845, were referred to the Judiciary committee.
Thp Ilopse took, Up the report of the committee on the
hill to authorize the administrators of Wm. Q. Anderson de¬
ceased and1 Thomas Faver -deceased to sell the tea} estate
belonging to-said estates and for other purposes.
The report as was agreed to, the bill was read the. third
time and passed.
The House tpok up the report of the committee or* the
hill to reduce and establish the yafe of freight pn lime
carried oVer the W. & A. R. B. sef as to facilitate the use of
the same for agricultural purposes.
The hill reported by the committee on Agriculture and
internal Improvement as a substitute for the eame^whiph
is a bill to Induce the rates of freight oa Lame, Halt, GUan<r
and all other fertilizers carried -over The TV. & A» R- R.
where the same are used exclusively for Agricultural pur¬
poses, was amended and adopted in lien of the original bilL
The report was agreed to, the bill was read the third timer
and passed.
The House took np the report of the committee pn the
bill to alfer and .amend the Road Laws, of this Statp .so far
relates Jo the co-Unty of Cherokee* Various amendments
were offered and*c,pt off by the call, of the previous question,
which was sustained.
The report was agreecl to*
The bill was read the third time and passed.
Mr. jtey fr6m the committee on enrollment reports as
4uly enrolled and rfeady for the* signature of the Speaker of
the House of Representatives,
A hill tp authorize the Tre&snret, to make certain advan¬
ce's.
The House took up the Yeport of the committee'on the
bill to attach, lots of lands Nbs. 54 and 55 in the 1th District1
of Randplph county to the county of Clay,
The report Was agreed to.
The bill was read the third time and passed.
The House took up the report of the committee on the
bill to repeal an act to amend the Road Laws of this State
so far as relates to the county pf Coffee.
The report was agreed to.
Thp hid was read the third time and passed.
The House went into committee of the whole,
Mr. McVyhorter in the Chair qnfhe Bill fop the relief1
Reuben Cloud of the cJouniy of Decatur.
WEDNESDAY, NOVEMBER J6tb, 1859. Uf
After {ome time spent therein flit eormjiittee rose and re-
ported the same back to th<f Uptime without amendment.
The report Was agreed tq.
The bill was read the third time* find passed.
The Hhusp took up the report of the committee oU'thp
bill for the relief' of J. IE. McMu'llen of Echols county j
The report was agreed to, the bill was read t^e- third
time and passed..
The Jloilse took up the Tpport of the committee bu the
bill to protect the legacy left by the last will and testament
of William IX Martin deceased, fof the benefit pf the Socio*
py (at Jefferson, Jachson county Georgia) bf the Methodist
Episcopal Church South and for other purposes,
The report Was agrbecl tb, the hill was read the third time
and "passed.
The House took up the report of the commfittee on the
bill to change the line between the coufities of Applijig and
Coffee. *
The report was agreed to, the bilJL was read the t^frd time
and passed.
The House "went info Committee uf the Whple, "Mr. Mc-
Whorter in the chair on thh bill for* the relief of John R. Dyer
executor »of Anthony Dyer deceased.
After some timd spent therein the cbmtnitfee roSe and
tkrpugh their Chairman repprted" the same bafik t6 the
House without amendment.
The report was agreed to, the bill was read the third time
and lost.
The.House took up the report pf the committee on fbb
bill tcf deVote Tail negro slaves executedjin thife State to the
Several Medical Colleges in the same.
The report was agreed to, the hill was read the third time
and lost.
The House took up the report of the Committee on the
bill to regelate the fees of Jurors in JhStices Courts in the
counties of Catoosa and Dade. ,
The rejport w$s agreed to, the bill waS read the third
time and passed. i
The House took up ,the report of the cbmmittee ©n the
Ml to incorporate the Floyd Cavalry and for other 'purpoS-
Ck£t
os*
The report yras agreed to,'the bill was tead the third time
and pasSed.
The House took up the report of the committee'on the
hill to change the time of holding election^ for county
officers in this State.
The report was agreed t°> the bill was rbad the third
time and on the question of its passage, Mr. David required
the ypas and najfs to be recorded.
There are yeas 9f \ there are nays, 30.
%18 JOURNAL OF THE HOUSE,
Those Who- Toted in the affiipaativd are Messrs i
Alexander, Uerrington, Norwood,
Allen, Hockenhully Parks,
Laugh, Holden, Pilch er,
Bivrns, Holland,. Pitts,
Brown of Stimter, Holloman, Rresoott,
Broyles, Hopkins, Price,
Cason# Howell of Lowndes,Ragsdale,
Causey, Hurst, Register,
Colvard, Hutchins, Rosier,
Cullens, Irwin, Scott,
DeLamar, Jones of Mitchell, Screven,
Dixon, JOnes of Rabnn* Selman,
Dufour, KeOling, Settle.,
Earle, Key, Smith, of Bryan,
Ectdr, Knox, Stewart,
Fain of Union, Lewis of Greene, SwTeat,
Eannip1 of Morgan, Lewis of HanOock, Tatum^
Fannin of Troup, Lester, Terrell,
Farnell? Lofton, Thrasher,
Gay, Lumsden, Tuggle,
Glass, Martin, Underwood,
Gibson of Rich-1 Mays, Vanover,
mond„ McCants, Vaughn,
Gibson of Warrdn, McDonald of Lump-Walt on,
Graham, kin, Ware,
Greek of ®obb, MtDonald of Mur- West,
Green bf Houston, tay, Whaley,
Grovenstdine, McEver, Williams of Clinch,
Harper o£ Sumter, McLendon, Williams of Musco-"
Hartridge, McRae, gee,
Henderson of New- McWhorter, Wilson,
ton, Mitchell, Young,
Mullens*
Vhose who voted in the negative are Messrs.
Bafksdale, Fleming, Mintz,
Brinson, Goodman, Nobles,
B tut on Of Forsyth, Harper of Henry, Reeder,
Brewtop of Tapt- Hendrson of Henry,-Sims,
naif, Hdnderson of Smith of Coffee,
Oonley, Worth, Sockwell,
Daniel, Hogans? Strickland,
DaVid, Johnson. Tapley,
Eberharf, Kelly, Whittle*
Echols* Kpowles, Worley.
Fain Of Gilmer. McCrary,
So the bill was passed.
WEDNESDAY, NOVEMBER 16TH, 1859. 119
The House took up the report of the committed oil
thqbillto fix the amount of claim bonds in the Justices
Courts of this State.
The report was agreed to, the bill was read the third
time and lost.
The House took up the feport bf the committee on* the
bill to incorporate the Eatonton and Madison Railroad com¬
pany.
The report was agreed, to. The bill was read the third
time and, passed.
The House took up the report of the committee dn the
bill for the relief of Mary Prances Nunor, ©f the county of
Bibb, and for other purposes.
The report was agreed to. The bill was tead the third
time and passed.
The House took up the report of* the committee on the
bill to compel the Sheriffs, Clerks? &C. to advertise their
sales &c. Qf Randolph county on certain conditions.
The report was agreed fo, The bill Was read the third
time and lost.
The House took up the report of the committee on the
bill to authorize Samuel Irvih 6f the county of Claytcfn fo
practice piedicipe &e.
The report was agreed to. The bill was read the third
time and passed.
The House took Up the report of the committee on the
bill to alter the times of holding elections for Receiver of
tax returns* tax Collectors and tax Assessors io this State.
The report was agreed to; the bill Was read the third
time and on the question of its passage, the yeas and nays,
by a number of gentlemen*, were required to be recorded.
There are yeas, 79 ? There "are nays. 61.
Those who yoted in the affirmative Ore Messrs:
Alexander. Dufour, Harper-of Sumter,
Allen, Earl, Harris,
Barksdale, Echols, Hatrbpdge,
Blakey^ Ely, Holden,
Bivens, Pain'of Gordon, Holland,
Brewton, of For-- Fannin* of Morgan, Holloinan,
syth, Farnell, Hoyell of Milton,
Cason, Fleming, Hutchins,
Causey, Gay, Irwin,
Clark of Elbert, Glass* J ones *of Rabun,
Coleman, Gibson of Rich- Keeling,
Cpilley, mend, Knowles,
Cullens, Gibson, of Warren, Lewis of Greene,
f)avid, Green of Cobb, Lewis of Hancock^
HeLumar, Grovensteine,, Lester,
120
Lofton,
Lumsden,.
McCants,
McComb,
McCrary,
JOURNAL OF THB HOUS&
PrescOtt,
Ragsdale,
Register,
Richards,
Screven,
McDonald of Lump-Sims
Smith of Bryan,
SteWa;rt>
Sweafy
Tatum,
Taylor,
Terrell,
Thrasher,
kift,
fMcEver,
McWhortei",
Morris,
H»prw®od,
Parks,
Pilcher,
Those who voted in the negative are Messrs i
Turned
Tuggle,
Yanover,
Walton*
Whaley*
Whittle;,
Wicker,
Williams of Muse cS
gee,
Wilsou,
Worley,
Young,
Bhugh,
Brinsoh,
Brown of Sumter,
Broyles,
Brewton of Tatt¬
nall,
Col vai;d,
Daniel,
Delony,
Eberhart,
Fetor,
Fain of Gtihnpr,
Fain of Union^
Fannin of Troup,
(jrOodman,
Grah&m.,
Lreen of Houston,
Harper of Henry t
Heath.
Henderson of New-Mintz,
ton, Mitchell,
Henderson of Henry Mullens,
Henderson of WbrthKobles,
Harrington, Perry,
Hockenhull, Pitts,
Hopkins, Ptice,
Howell of Lowndes,*Reeder,
Hurst, Rosier*.
Johnson, Scott,
Jones of Mitchell, Selman,
Felly,
Knox,
Lockett,
Lumpkin,
Martin,
Mays,
Settle,,
Sharpe,
Smith of Cyoffeo,
Smith of Towns,
Sockwgll,
Strickland*
McDonald pf Mur- Tapley,
rar,
McLendpn,
McRea
Underwood,
\T aughn,
Ware,
W est,
Williams. of Clinch,
Wofford,
So the bill was passed.
The following message was received, from His Excellent
cy the Governor by Mr. Campbell his Secretary, to wit;
Jf?\ Spctiltcr:—The Governor has approved and signed, an
net authorizing the State Treasurer to make certain adyan*
ees„
The bill to amend the Judiciary act of1799, And,
A bill amendatory of the penal code \tere referred to the
Jiidiciary committee.
Heave of absence was granted Messrs. Darnell and Cau-
sy foi; a few days on special business,
the House hdjoptned un^il 9J o'cloek^ A. M. to-morrow,
THURSDAY, NOVEMBER 17th, 1809; 121
THURSDAY, NOVEMBER Pfth, isb9,
"The House met pursuant to adjournment
$Ir. KCy, of Jasper, moveth to reconsider so piuch of (the
Joiirual ®f yesterday as rebates tC the rejection of a. bill fof
the relief of John ft. Dyer* executor, of Anfhony D,yer? de¬
ceased, And,
A bill te donate "all negro slaves executecUn this State to*
the several Medical Colleges in thei same.
The motion did hot prevail.
*Mi\ McDonald, of Murray, moved to reconsider so mucli
©f t,he Journal of yesterday |is relates to the passage of*
the bill »to chaugethe tirhe of holding elections for counts-
officers in this States
The motion was lost.
Mr. Fannin of TrOup moved to reconsider so mud? of the*
Journal of yesterday as relates to1 the passage of ijihe bill to
alter tlie time af holding the elections of Receiver's of Tax
Returns and1 Tax Collectors in* this State.
The motion, prevailed.
1
Leave of absence, for a few days., on special business, was
granted Messrs. Solomons of Baker, Harper ©f Henry, Pitts
©F Macon, IrWin of Washington, Alintz of Jackson, Hollo-
man of Stewart, Patrick of Spaulding, Howell bf Milton,
Henderson of Newton, Pileher of Warren, and Wofford ©f
Cass.
f
On motion of Mr. Lewis, of Hancock,, two hundred Cop¬
ies of the bill to loah the bonds of the State to Mark Ar
Cooper, and t.he accompanying report of the Special Comi
mitfee, to whom the same Was referred, Were ordered to-be
printed for the use of the Hhusev *
The House took'up the report of the committee on. the bill
to provide for a call of* a Convention to "reduce the nnffib
betf of the General Assembly of the State of Georgia^ and
to make such other alterations in the Constitution as may
be deemed necessary, and ffir other purposes.
Mr. Tatnm, of Dade, proposed toramend#the same by
striking otit of the JLst section the words, 'rin number equal
to their representation in the lower branch of the Gener al^
Assembly," anff inserting in Reu thereof, Ifhe words, " ip
number equal to their representation in the "General Assenv
bly."
Upon the question of receiving this amendment, th©
mover required the yeas and nay^ to be recorded. There
pre yeas 61, there are nays 81.
f.2-2
ItOtjrhal of the house.
Thoke who voted in the affirmative are Messrs:
Hogans
Allan,
Bivins, Holland,
Breton of Forsyth, Helmes,
Brewtouof TattnallHopkins,
Price,
Ragsdale,
Register,
Sharpe,
Cason,
David.
Ho,Well of Lowndes Smith of Ooffee,
DeLatnar,
Earle,
Edmondson,
Ely,
Fain of Gilmer,
Fain of Union,
Fortner,
Gay,
Goodman,
Graham,
Green of Cobb,
Harris,
Henderson of WortbMitchell,
HerringtOn, ISfobles,
Hicks, Parks,
Hockenhnll, Perry,
Smith of Hally
Smith of Towns,
Sockwell,
Strickland,
Sweat,
Tapley,
Tatumr
Taylor,
Irwin,
Joyner,
Jones of Mitchell,
Jpmes of Rabun,
Keeling,
Knox,
Mays,
M cComb,
McDonald of Lump^ Terrell,
kin, West,
McDonald of Mur- Wicker
Williams of Clinch,
Williams of Musco-
•*ray
McRae,
gee,
Young.
Those who Voted in the negatiye,are Messrs:
Alexander,
parksdale
Bauglv
Blakey1,
Rrpwh of Smnter
Catisey,
ClaRv of Elbert,
Clark, of Monroe,
jColemaril
Oonlev,
Cullenjs
Daniel,
Delony,
Di^on,
Dufour,
Ebethatt,
Echols,
Ector,
Fainpf Gordon,
Finney, Lester,
Glass Lockett
Gibson pf Rich- Lofton,
niond, Lumpkin*
Gibson of Warren, Lumsden,
Green of Houston. Martin,
Grovenstein, McCants,
Hardin, McCrairy,
Harper of Henry, McEver
Harper of Sumter, McLeodon,
Hartridgo McWhorter,
Henderson of flenryMullens
Henderson of New-Kor\yood,
ton, Patton,
Holloman, Pilcher,
Horsley, Prescoft,
Howell of Milton, Reeder,
Hu,tphins,
Kelly,
Fannin of Morgan, Key,
Fannin tff Troup, Lewis of Greene*
Fleming,
Render,,
Richards,
Rozier,
...... Scott
LmVis of Hancock, Screven,
TOtJftSbAY, NOVEMBER 17th, lS^f
S^tfle, Turner, Wate,
Sims, , Toggle, Whaley1
Smith, of Bryail, Uhaerwood, Whittle
Smith pf Twiggs, Vanover, Wilson,
Stewart, V ailghn, WoHey,
Thresher, Waltoft
So the same was not received.,
Mr. Delony, of Clark, offered t© amend the first section
by providing " that each county in this State shall have onb
delegate for eyery three thousand of the! representative: pop¬
ulation, including the whole white population "v^ith three-
fifths of the persons bf color, fo bo determined by the cen-
aqs of this year.
The $ame was postponed "by consent pf the mover, until
action was taken hpon the amendment of Mr. Lewis of Han*
C'ock.
Mr. Lewis, of Hancock offered to amend the 1st section
jas follows, to-wit .*■
"That the thirty-set en couhties having "the largest represent
tative 'population, apcordihg to the Census of the present
year, counting all white inhabitants and three fifths of all
Other pe^oilSs, shall have two members in said convention,
and all other nountie$ shall have one member; the appor¬
tionment te be made by his Excellency the GoVernor^ gnd
Published in his official proclamation.
Thb same was received.
The report as amended, was agreed to, the hill was react
thfB the third time, and on the question of its passage, Mr.
Strickland rebuked the yeas and nayS to he recorded—there
are yeas 69, there are nayS 80.
Those who Voted in the affirmative are Messrs:
Alexander,
B^trksdale,
Brinson
Brown of Sumter,
■Clark pf Elbert,
•tHarfi bf Monroe,
Coleman,
Cohfoy,
Cullens,
Delony,
Dixon,
Echpls,
pctpr,
Fannin of Morgan,
Earmfn of TreufS
Fleming, Horsley
Finney, Howell of Milton,
Gibson of Bich- Hutchms,
mond, Hey,
Greeii of Hbuston, Knowles,
Harper of Henry, Lewis of Greene,
Harper of Sumter, Lewis of Hancock,
Hartridgq, Lester,
Henderson of Henry, Locketf
Henderson of .New-Lofton,^
ton, Lumpkin,
Herrington, Lumsden,
Hicks, MpCants,
Hollqman, McCnmb,
Hopkins, McCrairy,
Hi
McLendon,
McWhorter,
. Mitchell,
J&orwood,
Pilcher,
Preseott,
Bender,
Rozier,
Scott,
JQ0EHAL OP THfe HOUSE.
Screveil
Settle,
Sims,
Smith of Bryan,
Smith of Twiggs*
Stewart
Taylor,
Thrasher,
Turner,
Underwood,
Yaughn,
Walton
Ware,
Wicker*
Wilson,
Worley
Th-osSe who voted in the negative are Messrs:
Allah, Green of Cohb, Patton,
Baggh, Grovenstem, Perry,
Blakey, Harris, Pitts*
Bivins, Henderson of YfrfJiyPrice,
BroyteS Hockenhull, Ragsdale*
Bruton of,Forsyth, Hogans Register,
Brewton of Tatt- Holden, Reedes,
Holland Richards,
Holihes fSbarpe,
Ho well of Lo wndgs, Smith of Cqflee,
Irwin, Smith bf Hall*
Jbhnson, Smith of Towns,
Joyn'er, SochweE,
Jones of Mitchell, Strickland,
Jones of Rabun, Sweat",
Keeling Tapley,
Kelly, Tatum,
Knox, Terrell,
nail,
•Cason,
Causey,
Colyard
Daniel,
David,
•* 7
DeLama(,
Dufohr,
Earle,
Eberhajrfc,
EdmondsoU,
Ely,
Fain of Gilmer,
Fain of Gordon,
Fain of TJnioh,
Fortner
Gay,
Glass,
Gibson o( Warrbn, McBefy
Goodman, Nobje^,
Grahmn,
Martin^ Vanover,
May$, West*
McDonald of Lutnp-Tf haley
kin, Whittle
McDohald of Mur- Williams of Clinch-,
ray, Williams of Musco-
McEVej", gee,
Wofford,
Young.
Parks,
So the bill whs lost.
Mr. Gibson* from the Committee on the Asylum for tU
Deaf and Dumb, presented a report upon the same, two
hundred copifes of whieb were Ordered to he printed for fho
use of theHou^e.
The bill to M a portion of the county of Echols tb
county of Lownjes, was referred to the Cpmmitte^ ohJtfeW
Counties.
THURSDAY. NOVEMBER 17th, ji&9. ],2s
Th<i following message Was ijeeeired fren) the Senate bjf
Mj?. Wes^ their Secretary.
Mr, Speaker: I am directed "by the Senate to infcPrm thet
House of Representatives* that they haVe agreed to a resolu¬
tion to appoint a committee of five to join sudh committee
a& may be appointed by the House, to examine aqd report
upon fhe census returns taken during the present ye&r, in
which, flley ask. the concurrence of the House.
Tfi« House took up the report of the committee On the#
bill to authorize Ishafii Smith of the couhty of Coweta to
peddle in all the counties comprising the 4th Congressional
Pistrfct without paying license.
The report, Was agreed to, the bill wasread the thy d time
and lost.
The House went into Committee of £he Whole, Mr. Me-
Whorter in the Chair, on a bill to appropriate* at Sum of
money to remove obstruction^ to the Alapaha riyer, &c.
A substitute having been repprted by the Committee on
Agriculture and Internal Improvements, was agreed to*.
*The report Was agreed to, the bill was read the third time
aaid last. , #
Thp House went into Committee of the Wfidle, jMr. Mc-
Whorter of Greene in the Chair, on the bill for the relief of
John W. Cardwell of *the county of Morgan, and Tomlinson
Fort of the county of Baldwin, and,for pther purposes.
After sopp time spent therein, the Committee rose, and
through their Chairman^ reported the same back to the
House without amendmentT
The report was agreed to, the, bill was redd the third time
and passed.
The House took up the reporjt of the committee on the
bill t6 add a part of Montgomery couiity to the county of
Haurpns.
The report was agreed to, the bill was readthe third time
and passed. # „
The House took up the report of the committee on the
bill to amend an act regulating fhe duties of the Clerks of
the Superior apd Inferior Cohrts of the several counties pf
this State, 4
The report pf the Judiciary Committee, which was ad¬
verse^ was agreed to and the bill Was therefore lost.
The House took up the report of the Committee on dhe
bill to limit the jien of judgments, and for other purposes
therein mentioned.
The report was agreed, to, the bill was read the third time'
and on the question of it's passage, Mr. Fain of Union re¬
quired th6 yeas and nays to be recorded. There are yeas
62, there are nays 76.
$6
JOURNAL OF THE HOUjSE.
Those who voted In the affirmative are Messrs :
Algxahder, Joyner*
BaUgh, Jones of Mitchell,
BrinsOfy Keeling,
Broyles,, Kelly,
Brutoh of Forsyth, Mays,
Causey,
Dayld,
■Earle
Fain of Gilmer^
Fain of Gfordon,
Fain of Union,
Fleming,
Fortner
G&y,
Green of'Houston,
Herrington,
Hockenhull,
Holldman,
Holmes, Ragsdale,
Howell of Lowndes,Register,
Hutehins,, Richards,
Johnson, Rozien
McDonalJ of Lump
kin,
McDonald of Mnr-t
ray,
McEver,
McLendon,
McRea,
Morris,
Bark^
Pattorf,
Perry,
Pitcher,
Price*,
Screvem
Settle,
Sharpe,
Smith of Haft*
Sniith of Towns,,
-Sockwell,
Tapley/
Tatum,
Taylor,
Thrasher*
Turner,
Tuggle,
Yanover,
West,
Whittle, t
Williams of Clinch,
Williams of Musco¬
gee*
WofFord,
Worley,
Young,
Those who voted in the negative are Messrs'
Allan,
Barksdale,
Blakey,
Bivins;
Brown of Sumter,
Brewton of Tatt¬
nall,
Cason,
Clark of Elbert,
Clark Of Monroe,
Colvard,
Coleman,.
Conley,
Danipl,
DeLamar,
Delony,
Dixpn,
Dufour,
Eberhart,
Echols,
Ector,
Edmondson,
Ely, Hopkins,
Fannin of Morgan, Horsley
Fannin of Troup, Howell of Miltom
Finney, Irwin,
Glass Knowles,
Gibson of Rich- Knox,
mond, Lewis Of Greene,
Gibson o^ Warren, Lewis of Hancock,
Goodmah, Lester,
Graham, Lofton,
Green of Cobb, Lumpkin,
Grovensfein, Lumsden,
Harper of (Sumter, Martin,
Harris, McCants,
Hartridge, McCrairy,
Henderson of Hen'y ,Mc"\Vh<>rter,
Henderson of New- Mitchell,
toh, Mullens
Henderson ofW'rth,Nobles,
Hicks, Pitts,
Hogan, PreSeott,
Holden, Reeder,
YRIDAY* BOVEMRER ISth^ 1859, 127
Bender, Solomons, VaughA,
Scott Siewart Ware,
Sims* Strickland!, Whal£yr
Bmlth of Bryan, Terrell, Wicker
Smith of Twiggs* Underwood, Wilson.
So the hill was lost.
Leave of absence for a few days was gi$nte<| Messrs.
Knowles of Calhoun, Lester of Cobb, and Joyner of Mil¬
lar.
Messrs. Scriven of Chatham and Lockett ofBibb^were, on
^notion of Mr, Ely, added to the Committee on. Military
Affairs.
The House took up the second resolution, reported by thp
special cormhittee on the subjects of meeting and adjourn¬
ment. *
The same was amended and, postponed for the present,
On motion of Mr. Lewis of Greene, the House resolved
to be governed for the present1 by the rule adopted, to the
16th inst. •
The House adjourned under the same lo o'clock, A.
M., to-morrow.
FRIDAY, NOVEMBER 18th, 1859.
The House met pursuant to adjournment.
Mr. Fannin of Morgan, moved toreconsiderso'much of the
Journal of yesterday as relates to the rejection of the hill to
provide for the call of a convention to reduce the number of
the General Assembly, and to make such other alterations ih
the Constitution of this State as may be deemed meet, and
for other purposes.
Upon the motion to .reconsider the yeas and nays were re¬
quired to he recorded.
There are yeas 74. There are nays 51.
Those Who voted in the affirmative are Messrs:
Alexander, Clarke of Monroe, Ector,
Anderson* Colvard, Fain of Gordon,
Bivins, Coleman, Fannin of Morgan,
Brantley, Conley, Fannin of Troup,
BrinSpn, Cullens, Fleming,
Brown of Houston,Dixon, Gibson of Klch-
JBrcfWb of 'Sumter,. Dufour, moud,
128
JOURNAL OF THE HOUSE,
Gibson of "VV4rrt?p? Lofton,
Green of Cobb, Luippkin,
Green of Houston, Lhmsden,
Hardin, Martin,
Harper of Siamter, Mays,
Hartridge,
McCaUts,
Henderson 6f Hen-McComb,
ty, McOrairy,
Henderson of*New-MdBver,
McLendon,
ton,
Herington,
Holclfen,
Hopkins,
Horsley,
Johnson.,
Key,
Richards,
Rozier,
Smith of Bryan,
Stewart,
Taylor,
Terrell,
Thrasher,
Tdmer,
Toggle,
Underwood,
Vaughn,
Walton,
Ware,
Whaley,
Wicket,
Williams of MuscO-
McWhorter,
Mitchell,
Morris,
Mullens*
Norwood,
Patton,
Lewis of Greene* Ragsdale, gee.
Lewis of Hancock, Reeder, Wilson*
Lester, Render, Worley,
Those who voted in the negatiyeTare Messrs:
Allan, Goodman, McRea,
Baugh, Graham, Nobles,
Blakey, Grovenstein, Parks,
Broyles, Harris. Perry
Brewtop of Forsyth,Henderson pfyVorthPrescoit,
Brewton of Tatt- Hockenhull, Price,
Hogaps, Register,
Holland, Sharpe,
Holpies, Smith of Coffefc,
Howell of Lowndes,Smith of Towns,
Jonesof Rabun, Sockwtll,
Keeling, Strickland,
Kelly, Tapley,
Knpx, Tatum,
McDonald of Lump-Vanoyer,
kin, West*,
McDonald of MUr-Whittle,
ray, Williams of Glinchy
nal.
Cason,
Daniel*
David,
Delamar,
Earl,
Eberhart,
Ely,
Fain of Gilmer,
Fain of Hnion,
Forinet,
Glass,
So the motion prevailed.
Mr. Sweat moved to reconsider so much of of the Journal
of yesterday as^ relates to the rejection of the bin to appro¬
priate money to remove obsrnctions from Alapaha river,
&o.
Thd motion was lost.
Mr^tin of Union, moved to rebopsider so pinch of the
Journal of yesterday as relates to the rejection of the bill to
limit the lien of judgments, and for other purposes therein
mentioned.
FRIDAV, NOVEMBER l&ta, 1859.
129
Upon this motion, Mr. McDonald of Murray, required the
yeas and nays to be recorded..
There- are yeafc 43, there are nays TO.
a
Those who voted in the affirmative wdte,
J ones- of Rabun,
Keeling,
Kelly,°.
Martili,
Mays,
Richatds,
Smith of Towtis,
Sockwell,
Tapley,
Tatnm,
McDonald of Lump-Taylor,
kin, 4 Thrasher,
McDonald ofMur- Turner,
Vanover,
West,
ray,
McEver,
"Whittle.
Wicket,
Williams of Musco¬
gee,
Worley,
Alexander,
Baugh,
Rroyles,
Fain of Gilmer,
Fail! of Gordon,
Faip. of Union,
Fannin of Morgan,
Fleming,
Foftner,
(jreen of Cobb,
Henderson of New-McLqndon,
ton, Nobles,
Henderson ofWorthParksH
Hockenhnll; Perry,
Holmes, Price,
Johnson, Rags'dale,
Those who voted in the negative were,
Allan, Glass, McOant,
Anderson, Gibson of Rich- McCrairy,
Blakley, mond, McRea,
Bivins, Gibson of Watren, McWhorter,
Brinson, Gbodman, t Mitchell,
Brown of Houston,Graham," Morris,
Brown of Sumter, Grovenstein, Mullenk,
Brutoh of Forsyth,Harper of Suqater, Norwood,
Brewton of Tatt- Harris, Prescott^
nail, Hartridge, Reeder,
Cason, Henderson of Hen-Repder,
Cflarke of Monroe. ry,
Herrington,
"HoganS,
Holden,
Holland,
Hopkins,
Horsley,
Howell of Lowndes,Vaughn,
Oolvard,
Coleman,
Cbnley,
Cul'lenS,
Daniel,
DeLamar,
Diyon,
Dufout,
Earl,
Eberhart,»
Ector,
Ely,
Fannin pf Troup,
So the motion did not prevail.
9
Screven,
Smith of Bryan,"'
Strickland,
Sweat,
Tetreli,
Toggle, ,
Underwood,
Key,
Knox,
Lewis of Greene,
Lofton*11
Lumpkin.
Walton,
Ware,
Whaley,
West,
Wilson,
JOURNAL OF THE HOUSE.
Messrs. Delony, Screven, Dixon„ Brinson, Tapley, Nor¬
wood,. Stewart and Mc^Vhofter, obtained leave of absence
for a few days on special business.
Twp hundred copies*each of the evidence in the^pase 01 the
State vs. William A. Choice, and of the State vs. Francis I
Smith, were ordered to be printed for the use of the House.
Thefollowing bilb were reported and read ^the first time,
tc-ydt:
. Mr. McComb of Baldwin, reported
A bill to authorize the Ordinary of Baldwin county, to payi
over to Sarah M- Candler the sum Of two hundred and three*
dollars and ninety cents, for teaching poor children in said
county.
Mr. Noble of Berrien reported (
A bill to change the lines between the counties of Irvaq
and Berrien.
Mr. Anderson of Bibb, reported
A bill to protect the holders of Bills of Exchange xk
Drafts drawn and'accepted on accounc cotton, , and td puin
shipments or transfers of ish those who fraudulently vib-
late there contracts of aceptance «or misapply the cotton
received by them or its proceeds-, and
A bill for the relief of James M. Jonbs, of the county of
Bibb, ExeoutOr of fhe last will and testament of James S.
Bealle, late of Dooly County deceased, ahd for qther purpo^
ses therein mentioned.
Mr. Hatrtridge presented
A bill and memorial, which on his motion was referred
to the Finance Committee without being read.
* Mr. Anderson of Bibb reported,
A bill to altef and amend the claim laws of this State, and
fpr other purposes therein mentioned.
Mr, Allan of Banks, reported
A bill to authorize the Inferior Court of the County of
Banks to submit the question of the location of their Coun¬
ty site to the citizens of said County, and to have an ejection
held for said purpose, and for other purposes therein men¬
tioned;
Mr. Graham offered a resolution, relative to furnishing
tl^e weights and measures alloWred by law to thh counties of
Appling and Telfair, the rules were suspended and the sarp^
taken up and read.
t Mr. Hartridge offerredas a substitute which .was received*
a resolution authorizing the Governor to furnish all count
ties that are now destitute of the eights and measures
lowed by law. The resolution was agreed to.
The following message was received from the Senate V
Mr. West, their Secretary j
M(. Bpevhr—The Senate have passed the following bib
of flije House of Representatives,
FRIDAY, NOVEMBER, 18th 1859. 131
A bill to be "entitled an; act to remove the Cdunty Site of
Lowndes Couiity, to change the line between Sail Comity'
and the connty of Brooks, and for other purposes.
They have also passed a bill to be entitled an a<itr to1 par¬
don V^Hiam, A. Choice ©f the county of Fulton,, how under
the sentence of death for tbe crimp, of murder.
Al-so the following resolution:
Resolved, That tbe committee-.of the Senate and, House^
on the Lunatic Asylum, upon the concurrence of the House*
Constitute & joint Committee.
Also for the Penitentiary, Institution for Blind, and Deaf
•and Dumb Asylum.
In which»they ask the concurrence of the House^
Also,#a resolution requesting his1 Excellency the GoVernor,
to purchase hre arms for the Use of Volunteer Companies of
this Stale,
In which they ask the concurrence of the House.
The Senate have also unanimously passed a bill to be en¬
titled nn act to pardon Francis I. Smith of the county' of
Campbell, no wUnder sentence of death for the crime of mur¬
der, and directed me tp transmit the same forthwith to the
House of Representatives.
Mr. Haijtridge, reported
A bill to amend ap. act entitled an act to ipcorpordj^ C4The
Orphan's Home of the Protestant Episcopal Churdb in
Chatham cpunty'* and
A bill to change the time* of, holding* the Supenpr Court
pf the connty of Effingham. *
Mr. Screyen, reported
A bill to amend the charter of the American Atlan¬
tic Screw Steamship Company, granted 19th Dec., 1857,
and to allow an increase of the capital of said Company,
and
A bill to incorporate Gprdon Grove No. 1, United Ancieht
Order of Druid's, located in the city ofSavannah-
Mr. Lester, reported
A bill for the relief of Nehemlah Garrison of Cherokee
county, and for other purposes. # ^
A bill to authorize the Inferior Court of Cobb county to
levy an extra^ tax, to build a jail in said county, and for other
purposes. *
A bill to declare certain words actionable, and for other
purposes, apd
A bill to change the penalty prescribed in the 3d section
of an act entitled an act to prohibit the sale of deadly wea¬
pons, and to pfe^crjbe the manner of carrying thb same and
to punish for a violation of the same and to.repeal an act en¬
titled an act to guard and protect thC citizens of this State
132
JOURNAL OF Til? HOUSE.
■against the unwarrantable, and to prevalent (use of deadly
weapons, assented to 25th Dec., 1837, approved 12th Jan.,
1852, an d for other purposes.
Mr. Worley, reported
A hill to fix the compensation of Members, Officers and
Clerks of the General Assembly of the Jptatb °f Georgia.
Mr. Glass of Clayton, Reported
A bill to incorporate Clayton High School, and for other
purposes therein mentioned.
* Mr. Dufour, reported
A bill to author^e the Mayor of fhe City of St, Marpsf, to
hold special Courts for Summary trials in certain cases.
Mr. Greene of Cobb, reported
A bill to repeal hn act entitled an act to regujate the tes¬
timony oDAttornies at law, approved 21st Feb., 1850.
Mi*. Lewis of Hancock, offered a resolution appointing a
committee of three, to join such committee as may be ap¬
pointed by the Senate, to enquire into the necessity pf hijd-
ing to the furniture of the Executive Mansion, &c.
The rules were suspended, the resolution was taken up,
read and agreed to, and the Speaker appointed &s thp com¬
mittee', Messrs. Alexander, Ely-and Lofton.
Mr. Key of Jasper, offered the following resolution which
was on his motion taken up, read and agreed to, to-wit;
Resolved, That the committee on Finance be instructed
to enquire an,d examine into the propriety of changing the
present mode of electing & State Pointer, and if in their judg¬
ment the same ought to be done to report to this House
A bill for that purpose providing the mode aqd manner of
having the public printing c^one upon "such limitation^ kid
restrictions a? they fnay deem right and properj
•
'Mr. Lofton, reported
,A bill to enable Executors and Administrators on their
own individual account, to Hid for and purchase property of
the estates they represent at public sales thereof, and for
Other purposes therein mentioned.
Mr.Dixon of Muscogee, reported
A bill to incorporate the Macon Guards, to authorize the
Governor to furnish them \Vlth arms and accoutrement^ and
to grant certain immunities and privileges to the same, and
'A bill to incorporate the " Jackson Artillery of the city of
Macon, and to authorize the Governor to ftirnish them with
suitable arms and accoutrements, and to grant certain immu¬
nities and privileges to the members of the sajne.
MrySharpe of Montgomery, reported
A bill to establish the county line "between the counties of
Montgomery and Tattnall.
FRIDAY, NOVEMBER 18th, 1859. ife
Mr. Williams,of MuscOgee, reported
A Ooill to incorporate "The Mutual Building ^nd Loan As¬
sociation of ColumRus.
Mr. Bivins of Marion, reported
A bill to allow persons to m§ke a return of fkeir taxable
property td the Clerk of the Superior Court in- Certain cases,
and for other purposes therein mentioned.
Mr. McRea, offered the following resolution which whs on
mption taken up, read and agreed to, to-wit:
Resolved\ That our Senators and Representatives, in Con¬
gress, are requested to use their efforts to restores the mail
line now discontinued between Jacksonville in<Telfdir coum
ty and Sugar Creek in said county.
Mr. Horsley, "reported
A bill to .authorize the taking of testimony by Interroga¬
tories itf certain cases.
A bill to- repeal an act approved February 29th, 1854, en¬
titled *an«act to settle and fix the "hours of labor byfH white
persons under twenty-one years of age in all cot'ton, .woolen
and other manufacturing establishments in this State abd
tp make aR contracts* for labor in said Factories, for a great¬
er length of time than herein prescribed,'null and void* gad
to publish violations of this aCt.
A pill t® change the< times of holding the Courts in Upon
county, and
A loifl to incorporate the "Upsdn Guards."
Mr*Screven, reported j ^
A,hill to amend the act incorporating the Savannah Vol¬
unteer Guards, of the City of Savannah.
Mi\ West, reported
A bill, to define the line between the counties of Lunfpldn
aiii White, and to attach a part of Lumpkin county to the
copnty of White.
Mr. Patton of Walker, reported1
A bill to alter and change thq time of holding the Supe¬
rior and Inferior'Courts of the County of Walker; and the
Superior CoUrts of the cohnty of Dade, and'
A hill to alter the lawsSn relation to shows, So far as the
eounty of Walker, is affected thereby.
Mr. McDonald of Murray, reported
A bill -fo prescribe the time in which the Public Printer,
shall furnish the Journals of the Legislature, and for other
purposes.
Mr. (Jroodman of Bulloch, reported
A bill to appropriate money for the relief of Margaret
Ilagin an,d others, Trustees for Edward Grpover.
ML David, from the Committee on Enrollment reports
as duly Enrplled and lpady for the signature of the Speaker,
tff the* House of Representatives.
134
JOURNAL CF THE HOUSE,,
An ,aet to remove the county site of Lowndes county and
to change the line 'between said county alid the county 01
Brooks, and for other purposes.
Mr. Delamar, reported
A bill to Appropriate a sum of money to improve the nav¬
igation of the Oconee and Ofcipulgee rivers in this State.
Mr. Jones of Rabun, reported
A bill jfcq authorize the Inferior Court of Rabun county to
levy an bxtra tax, &c.
Mr. Liumsden of Talbot, reported
A bill to apppropriate mopey for the use of the V oluntee?
Coulpanies of this State. „
Mr. Perry of Schley, reported
. A bill to consolidate, the offices of Clerk of the Superior
and Inferior Dohrts of Schley county, and to reduce the bond
of thi Sheriff of said county. *
Leave of absence was granted Mr. Morris of Quitman
Oounty, for a few days on special business.
Mr, LOVas of Hancock, offered a bill to be entitled, an act
for thg relief of John T. Martin, of Hancock couifty.
Also, a bill to be entitled an act for the relief nf John R.
Mounce and another, of the cotfnty of HanCocfk.
Also, a bill to be entitled an aft to incorporate thd Han¬
cock .Van Guards and the Hancock Troop of Cavalry, Vol¬
unteer Companies in the county of Hancock, to conff?r certain
privileges oil the same, and to provide a fund for their pur¬
port.
Mr. Brantley of Hancock, offered a bil]L to be pntitled an
act for the relief of Jabez M. yfhite of the county -of Han¬
cock.
Also, a hill to he entitled an apt to am en J an art authoriz¬
ing* the arrest by the Marshal of the village of Sparta, with¬
out warrailt, and the confinement in the common jail of the
county of Hancock, of all persons violating the lagrs passed
by the commissioners of said village against drunkenness and
other gross and immoral conduct in said village, and for oth¬
er purposes, assented to Dec. llth, 1S5S%
Mr. Underwood of Fayette, ottered
A bill to be entitled "an act for the relief of William M.
Pypon of Fayette county.
Mr. Terjell, offered
A bill to be entitled an act to lay out and organize a new
ertunty from Decatur and Thomafe, and for other purposes
Mr. Ragsdale, offered
A bill to be entitled An act to change the line between thp
counties of Gwinoett and DeRalb.
Mr, Morris of Quitman, offered
A MR to bte ^titled an act to consplidated file offices of
Clerk of the Superior ami Inferior Courts of Quitman coun¬
ty-
FRIDAY, HOVEMBER 18th, 1859. 135
Mr. Harper of Sumter, offered
A foiH, to be "entitled ap act to authorize the Inferibr Court
of Sumter corylty to levy gin extra tax, for bounty purposes.
Mr. Iiollpman of Stewart, offdred #
A bill'to be entitled an act to regulate the sale of spiritu¬
ous liquors? and for oth,6r purposes.
Mr. Gibson of RichMohd, offered
A bill to bef entitled an act to amend anr act tb regulate toll
"bridges, fencies*, ahd turnpike roads, approved December 22d
IS OS, apd to kiflict certain penalties on all owners of bridges
and ferries, who shall fail to carlry out the provisions of the
12th section. #
Mr. Harfridge, offered
^ bill to be» entitled an act to incorporate the " Georgia
Hussars" a Volunteer Military porps, of Savannah.
Mr. Holden of Taliaferro, offered. t
A bill to be entitled an aqtf for the relief of the heirs of
David McCullongh.
Mr. McCants,, offered
A "bill to be eiititled an act to donate to the cpunty of*Tay-
Ibr, one thousand dollars oUt the State tax of said' county,
for the year 1859>andrfor other put-poses.
Mr, Gibson of Richmond, reported
A bill to appropriate money for the Medical College of
Georgia, and for Other purposes.
Mr. Taylor of Randolph, reported
A bill for the relief of D. M, G- W. Smith and their se¬
curities, and for other purposes.
The rule of adjournment was suspended and the House ad¬
journed until 3£ o'clock, P. M.
THREE O'CLOCK, P. M.
Thb House met pursuani to adjournment.
Mr. Gibspn of Richmond, reported
A bill to amend the charter of the McBean Company
granted February Hth, 1850, which was read the, 1st
time.
Mr. Wflliams of Muscogee, reported
A hill to compensate Dr. Benjamin Fi Newsom of the
county offlacon for Medical services rendered tp the citi¬
zens of Macon and Taylpr counties, during the pretf alfence oi
Small Pox in, said counties, and
A bilj. tq compensate Dr. Eugene F. Colzy for Medical
services rendered, the cititzens of Oglethorpe, during the pre¬
valence of Small Pox in said city,
f The same we're read, the first time.
136 JQtJKHAL OF THE HOUSE.
Mr. Ely of Dougherty, offered the following resolution
"jyhich on motion of Mr. $crevem was taken up, read and
agreed to, tb-wlt: .
Resolved, That» two hundred and fifty copies of the Milita¬
ry Code, yrhich the Committee on Military Affairs have un¬
der consideration, he printed for fhe use of the Committee
arid the Hopse* .
Thb following hills of the Senate were Teacfthd second rime
and committed for the third reading* to-witc
A hall to ipcqrporate the town of Eljavilleln Schley coun¬
ty.
A Kill for the relief of the securities of George F, Wing
former Tax Collector of Mqlntosh county.
A hill to legalize the holding of Carroll Superior Court at
its last term and to make valid the proceeding of said
Court.
A bill to authorize the Mayor aud" Council of the city of
Atlanta, to take possession of the enclosed ground lying be¬
tween the general passenger depot, and Decatur street and
the! Atlanta Hotel and Lloyd street in the city of Atlanta,
for the purpose of beautifying and ornamenting, the dame to
be used as a Railro&d "Park,
A Ipil for the felief of Amy Clarke from certain disabili¬
ties therein mentioned,
A bill to repeal the seventh section of an act, entitled an
act tb incorporate and grant certain privileges and powers
to the Newnan Guards, in the town ofNqwnan, Coweta egun-
ty, and for other purposes herein mentioned, end to repeal
*the fourth section of an act to regulate the compensation of
Jurors in the cOunty of Jefferson, and for other purposes there¬
in mentioned.
"The following bills of Senate were read the first time, to-
wit:
A bill to amend an act*fo alter and amend the road laws
of this State, so far as relates to the cohnty of Wayne, as¬
sented to Dec. &9d, 1857.
A bill to pardon, William A. Choice of the county of Ful¬
ton, now under sentence of death for the crime of lpurder.
A hill to pardop Francis I. Smith of the county of Camp-
hell, now under sentence of death for the crime of muriler.
A bill to amend an act to charter the Charleston and Sav¬
annah Railroad*
A bill to alter and, amen'dthe act incorporating the ttnvn
of Iincolnton, and the several acts amendatory thereof, to
confer additional powers upon the Commissioners in relation
to raising "revenue, preservation of good ordei;, the regula¬
tion »pf license for vending spirituous liquors, prescribing the
qualification of voters, *and for bther purposes.
A bill to incorporate the,Georgia Insuranpe Cbmpan^.
A bill t<? incorporate the town of Warrenton in Warden
SATURDAY, NOVEMBER 19th, 1859. 137
county*, and to amend the chatter ®f the city of Atlanta, and
for other purposes therein ipentiopedi
Leave of absence was granted Messrs. Herrihgton and
Prdscott on Account of sickness, and
The House -then adjourried until 9£ o'clock, A. M., to¬
morrow morning.
SATURDAY, NOVEMBER 19th, 1859.
The Hogse met pursuant to adjournment.
Teave of absence was '.granted Messts. Hstrkness, Echols,
Rosier, Gason and Harris of Glynn, for a few* days- on'ac¬
count of indisposition!
On "motion of Mr. Smith of Towns, the House concurred
ip the Senate Resolution, bringing on the election of two
commissioners to codify the Laws of this State, at 12 M-, to¬
day, to fill the vacancies caused, by the resignation of the
Hons. H. V. Johnsorl and Iverson L. Harris.
On motion of Mr. Tgfcum, the resolution authorizing *the
Governor to subscribe for Copied of IJ. fl. Waters' pamphlet,
laws of the |>reserit General Assembly, for* the tise of the
•Clerks of the Superior and Inferior Courts; Ordinaries and"
Sheriffs of the several counties in this State, was taken up
read, amended, and agreed to.
The Senate bill for thR pardon of Frahcis* J. Smithy of the
county of Campbell and, Wm. A. ChoiOe, of the courity
of FultOn, were on motion read the second time and com¬
mitted for the fhircL reading. The former was made the
Special <?rder for'Monday, 21st inst.: the latter for Friday*
the 25th inst.
The rule was on motion of Mr. David suspended for the
purpose of reading Senate bill# the third time.
The House took up the report of the committee ©ri tlie
Senate bill for the relief of Amy Clark, from certain disa¬
bilities, therein mentioned.
The report was agreed to.
Th'e bill \yas read lhe third time and passed.
The House took up the report of the committee on^the
Senate bill to amend an act entitled-an act, to incorporate
the Savannah, Grfiin"and North Alabama Railroad compa¬
ny, assented to on the 11th, day of February, 1854, arid to
repeal sections 7, 8 and* 9, of said act, and to substitute two
additional sections in lieu thereof.
The report was agreed to.
The bill was read the third time rmd passed.
The Hpuse tooh up the, report of the committee on the
Senate bifl to legalize ,the holdirig of Carroll Sup'eribr Court
13S
JOURNAL OF THE HOUSE,
at its last term, and to make valid the proceedings of *said
C^urt.
The report was agreed to. il
The bill was read the third time and passed*
The House took up the report pf the committee on the
Senate bill to incorporate xhe town of Ellavillq in Schley
■county.
The report was agreed to.
The hill was read the third time? and passed.
The House took up the report of the committee on the
Senate bill to authorize the Mayor and Council of the city
of Atlanta, to take possession pf the enclosed ground lying
before^the General Passenger Depot and Decatur street, and
the Atlanta Hotel and Lloyd street, in the city of Atlanta,
for the phrpose pf beautifying ahd ornamenting tkesame, to
be used as a Railroad Park.
The report was ♦agreed to.
The bill 'Was read the tlpird time and passed.
The House took up the report of the cdmmittee on
j&enaiA bill to repeal the 7tli section of an act entitled ay act
to incorporate and grant certain privileges and powers to
the Ne\yuan Guards, of Newnan, (jqweta connfyr and for
■other purposes herein mentioned, and to repeal the 4,th
section of an act to regulate the compensation, of Jurors pi
the cpunty of Jefferson^and for otherpurposes therein men¬
tioned.
Tim same, was on motion of Mr. Ely, amended.
The repbrt as amended was agreed to, the bill was: read
the third time hpd passed.
The House took up the report of the committee on the
Sefiate bill for the relief of the securities of George F. TVing
former tax Collector of Mcintosh county.
The report was agreed to. The bill was read tire third
time and passed.
On motion of Mr. Anderson, of Bibb, the bill of the House
to alter and amend the 3rd, 7th and 12tli sections of the
Constitution of this Statey and the substitute reported for
the Same by the Judjciary committee, were made the spec¬
ial order for Tuesday next, the 22d rust.
On motion of Mr. Tatum, two hundred copies of the fore¬
going bills were ordered to be printed for fbe arse of the
House,
3\ft. Holden of Taliaferro, having obtained the unanimious
• consetit of the House, withdrew from, the consideration hf
the same, the bill to establish an Armory ip this State for
the "manufacture of arms ancj for other; ptlrposes.
> Toe House took up the report of the tommitlee on the
bill to prevent the sale of spirituous liquors by itinerant
peddle^ peddling the Same in this St We.
:SATHRDAl% NOVEMBER 19TH,. 1859. 129
'On motion of Mr. Strickland, the county of Madison w^is
"Stricken, out.
On motion of'Mrj fliviqs, tlie same was amended.
The amended report was a,greed to. The bill was read
the 'tiiird time, and on the question of its passage, the yeas
and na,ys, were by a number of gentlenleri required to be re¬
corded.
There are yeas 63, there are nays ,4S.
Those who voted in the- affirmative arq Messrs:
Alexander, Grovensteine, Mitchell,
AndersoU, Harper of Henry, Perry,
Barksdale, Harper of SumterJPrOscotty
Bivihs, Harris, Register,
Brantley, Hartridge, Render,
BrOwn of Houston, Henderson, of Hen- Richards,
BrOWn of Sumtef, ry", , Smith of Bryan,
01 ark. of Monroe, Hockenhull,* Smith of Coffee,
iColvard, Hogans, Tatum,
Coleman, Holden, Taylor,
Cullens, Holland, Terrell,
Delamar, Hopkins, Thrasher,
Dufour, Howell of LoWndes,Turner,
EJari, Kelly, Underwobd,
Ector, Key, Vanovdr,
Ely, Lewis of Greene, Walton,
Fannin of Morgan, Lewis, of Hancock,
Fannin of Troup, Lumsden,
Gay, Mays,
Gibson of Rich-r MciComb,
mond, McCrairy,
Gibson of Warren, McDonald of Lum-
GreenoF Houston, kin,
Those Who voted in the negative wete Messrs
Allan, Graham, Nobles,
Bahgh, Green of Cobb, ParicS,
Rlakey, Henderson of WorthPrice,
Broyles, Hicks,
Rrnton of Forsyth, Hutchins,
Brewton of Tattnall Johnson,
Whaley^
Williapis of Clinch,
Wifiiamk of Musco-
See'
Wilson,
Copk,
Daniel,
David,
Eberhart,
Fain of Gilmer,
Fain df Union,
Fleming,
Fortnei>
Glat<st,
Goodman,
Jones pf Rabnn,
Keeling,
Knox,
Lofton,
Martim
McDonald of Mur-
ray,
McEiet,
McLen,don,
McRea,
Ragsdale,
Rpeder,
Smith of Towhs,
Rockwell
Strickland,
Sweat,
Tuggle,
Vaughn,
W are,
W ept,
Wicker,
Worleji
Bo thebilJ as .amended was passed.
140 JOURNAL OF THE HOUSE.
The House took up the report of the cpremittee on the
hill t® alter the act establishing the Supreme Court 01 this
State.
The amendment offered by the Judieiary committee was
received.
Th5 report as amended was agreed to. The bill 'was read
the third, time and passed.
The House took up the report of the committee on the
bill to' alter the rules of evidence relative to the competen¬
cy of witnesses.
The report of the Judiciary Committee which \yas adverse
was agreed to, and the bill therefore lost.
The House took up the report of the committee on the
bill to amend an act to* authorize the issuing of Attachment
and Garnishment, and to regulate the proceedings ill rela¬
tion to tlie same, and for other purposes therein mentioned-
Approved March 4th, 1856* and to extend the provisions of
the same.
The report *was agreed to, the hill was read the third tube
and passed.
The House took up the report of the committee on the
bill to prescribe the duty of the Judge of the §aphrior
Courts of the county of Stewart, in relation to Petit Jurors
of said Counts, and for other purposes.
The report was, agreed to, the bill wa£ read the third time
and passed.
The following Message was received from the Senate by
Mr. West, their Secretary.
Mr. Speaker:—The Senate have passed the following bills
to wit,-
A hill to be entitled an act to regulate the freight of lime
for agricultural purposes, when transported on the Western
and Atlantic Rliiiroad. Also,
A biH to define and enlarge the corporate privileges here¬
tofore granted to the first Presbyterian Church of Augusta.
Also,
A bill to be entitle^ an act in addition to the act for incor¬
porating the Augusta Orphan Asylum, and for punishing
^certain offences touching the same. Also,
A bill to he entitled an act to alter and amend the several
acts relative to the probate of will, granting letters testa¬
mentary, and of other purposes therein specified.
They havO also, agreed to a resolution, in rotation to the
appointment of h Joint Committee to report resolutions,. Ex¬
pressing the sentiments of the people of this State upon the
death of the Honorable George R- Ciliner, in whieli theytA
the concurrence of the House.
In pursuance of wfiich resolution, Messrs. farrow, $il-
SATURDAY, SOVEMBER 19th, 1859. 141
Jups, and Gone have been appointed such eoracaittee oh the
part of the Senate,
On motion of Mr, Tatum, the foregoing resolution was ta¬
ken up; concurred pi, and ■ Messrs..Lofton, Tatum, LeWis of
Greene, Hartridge and Render were appointed, fyy the
Speaker as a committee under" the*same, on the*part of the
House.
Mr. David from the committee on enrolment reported &s
duly enrolled and signed by the President hf fhe Senate, and
ready for the signature of the Speaker Of the House of Rep¬
resentatives,
A resolution bringing on the elections of Jwo Codifiers of
the Laws of this State, to-day at t2 q'clock to fill the vacancies
of Hons. H. V. Johnson, and IverSon L. Harris.
The House took up the report of the committee on tjie
bill to require securities and endorsers when they give no¬
tice, to do sp jn writing.
The amendment offeree! by the Judiciary committee was
received.
Thq amended "report Was agreed to, the bijll was read the
third time and passed. k
The House took jip the report of the committee on the
bill providing for the probating of wills? and taking festimo-
ny in Conrts of Ordinary by commissions, &c.
The report was agreed to, thd bill was read the third time
and passed.
The House took np the report of the committee on ffie
bill to providp for the election of a Teacher of the Deaf and
Dumb Institute.
The report was agreed to, the bill Was* read the third
time and passed.
The House |ook up the report of the committee on the
bill providing for the giving tip of marriage license to the
husband after recording the same, and to mafe the same ev¬
idence, &c.
The same was amended.
The report as amended ■yvas agreed Jo, and the bill was
on motion, postponed indefinitely.
At the hour of 12 the Clerk informed the Senate, on
motion of Mr. Anderson of Bibb, that this body were ready
to receive them into the Representative Halh for the pup-
pose of proceeding to the election of two commissioners to
codify the l^aws of Georgia, to fill the vacancies paused, by
the resignation of the Hons. Herschel, V. Johnson an(l Hex-
son L. Harris.
The Senate Were received, and General Assembly proceed¬
ed with said elections, Which resulted in the election of T*
U2 JOtRNAL OF THE HOUSE.
R, R. Cobb, Esq., of1 the county ot Clark, and Richard H.
Clark, Esq,, of the county of Dougherty.
The Senate? then withdrew*
The House took up the report of the Committee oh the
bill to prescribe! th e timfe for holding elections' for' members
«of the Senate of the United States in the State of -Georgia.
The report was regreed to, the bill was read the third
tj.me and passed. *
The House took up the report of the committee on the
bill to make Justices of the Peace in the Seyefal Militia Dis¬
trict of this State ex-officio Road and Patrol Commissioners.
The Judiciary Committee reported as a substitute for the
same,
A bill to make Justices of the Peace in the several Mil?-
tia Districts in the county of Jasper ex-officio Road and Pat¬
rol Commissioners.
The siune was adopted.
The report thereon was agreed to, the bill was read the
third time and passed.
The bill to appropriate a sum of money to compensate
John A. Powers of the county of Floyd, for th,e improve*
ments in the navigation of the Coosa River, Was-referred to
the Finance Committee.
The House went into committee of the Whole* Mr. Fan-
nip of Morgan, in the C^hair, on the bill to allow and 'make
compensation to the Reporter of the Suprenie Court for
certain Volumes of fhd decison's cf said Court furnished liy
him under the provisions of jthe acf of fst-5.
After some time spent therein the committee rpse "and
through their Chairman reported tpd same back to the
Hduse without amendment.
Tip report was agreed to, the hill was read the third time
pnd passed, •
^ The House took up the report of the committee on the
bill to repeal 3.11 apt aniendatory nf the lQth section, of the
Penal Code of t^iis State and for other purposes.
The report was agreed to, the Hill was read the third time
■and passed.
The hill to authorize the removal of Trustees, aiid fji
other purposes,, aild,
The Bill to alter and extend the provisions of an act en¬
titled an aci? to exempt from levy apd sale Under evecutkm
•certain property therein mentioned, assepted to De&.. 11,
18411 and to repeal a portion of-said act, togetb er With an
amendment proposed by Mr. Thrasher of Fplt on, were Re¬
ferred to the Judiciary Commttee*
The following message was received from the Senate by
Mr. West their Secretary.
JSIt * M am instthcted by the £> en ate forthwith
SATURDAY, NOVEMBER 19th, 18-59. 143'
to Inform the. House df Representatives, that they have
agreed to a Resolution, authorizing his Excellency the Oov-.
ernor, to appoint a special agent to the Governor of Flori¬
da }i\ relation to border difficulties, between, the citizens of
^shiu States, in which they ask the concurrence of the House.
The same was taken u*p, read and concurred ih by the
Hoosfei,
The House took up the report of the committee* on the
bill to amend the Judiciary act of 1799, so as to require the
several Clerks of the Superior, Inferior and corporation
Courts of t)iis" State to enter all appeals of causes tried in
any of said Courts in ,a separate book to be provided for that
purpose.
The same was amended.
The report as amended jvas agreed to, the bill yms read
the third time and passed.
The House took up the report of the committee on the
bill to incorporate the Port Royal Railroad company. ^
"The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the committee qn the
bill authorizing the Inferior Court of Schlep County to levy
an extra tax for pohnty purposes.
The report was Agreed to7 thebill was read the third time
and passed. "
The bill to create a new Judicial* Circuit, and to provide
foy the appointment and election of a Judge and Solicitor
General thereof. And, 9
A hill to compel Trustees in certain cases therein mention¬
ed to make annual, ^etqrns to the Ordinaries of the several
counties of this, State, \yere referred to the' Judiciary com¬
mittee. _ *
The House took up the repdrt of the committee on the
bill to reduce the work on roads in the cpunty of Wilcox.
The report was agreed to, the bill was read the thi^d time
and passed.
The House took up the report pf the committee on the
bill to authorize the Inferior Court*of the county of Tatnall
to levy an extra tax for county purposes. "
The report was agreed toi, the bill was read the third time
and passed.
^ The House took up the report of the committee on4 the
bill to amend the charter of Washington, in Wilkes cpunty.
The report was agreed to, the bill was read th,e third time
and passed.
The House took up the Report of the committee on the
hill to incorporate a miniiig company in the county of Car¬
roll, &c. ^
The report was agreed to, tbe hill was read fhe third tithe
and passed.
144 JOURNAL OF THE HOUSE.
The rules were Suspended and Mr„ Render reported a hill
for the relief of George W. Douglass, which, was read the
first tim&
Leave of absence was granted Messrs. Vaiighrf, Williams
of Muscogee, and Fannin, of Trotip, fox a few* days, on spec¬
ial bpsinhss.
'The Hohse adjourned until 9£ o'clopk, A. M., Monday.
MONDAY, NOVEMBER 21st, 185b.
The House1 met pursuant to adjournment.
Mr. Anderson, of Bibb, moved lo reconsider1 so much of
the journal of Saturday as relates to the passage of the bill
tb authorize the Mayor and Council of the city of Atlanta^
to improve a certain* piece of land in said city and beautify
the same, to be u^ed as a Railroad park, &c.
The motion* did not prevail.
On motion of Mr. trice, of Pickens, so much of the journal
of Saturday was reconsidered, as relates -to- the, passage of
the bill to prevent the sale qf Spirituous liquors by itine¬
rant peddlers peddling the same in this State.
On motion of Mr. Anderson of Bibb", the bill for the par¬
don of Win, A, Choice of the c,ounty of Fulton, was made
the special order for Wednesday the 30tEi inst., instead of
Friday 25th inst., as previously determined.
Mr. preen, of Cobb, moved fy> reconsider -so much of ihe
Journal of Saturday as relates to the indefinite postponement
of the bill, providing for the giving up of marriage licenses-
to thq husband of the parties after recording, and to make
the same evidence.
The motion did not prevail.
Mr. David from the committee on Enrolment reported
as duly enrolled and signed by the President of the Senate
and ready for the signature of the Speaker of the House
of Representatives, a resolution authorizing the "Gov¬
ernor to appoint a special agent for the purpose of con*
ferring with the Executive of Florida, in relation to certain
difficulties that are likely to arise between the citizens of
Georgia and said State.
The following message of the Senate was received by Mr.
West their [Secretary.
Mr. Speaker—the Senate haye passed the following bills
of the House of Representatives:
A hill to be entitled an act to change the lines between the
Counties of Pofiee and Irwin. Also*
MONDAY, NOVEMBER 21st. 1859.. 145
♦ A bill to be entitled an.u?qt fixing tbe time. o£ holding the
inferior Court's in the county of Coffee. Also, .
A bill tq, fie entitled an act for the relief of teachers of
poor cliiftltfeii in Muscogee*county, iruthe year 1853, ^lstf,
A bill to beientitled an act to provide for the compensation
of Sjherilfe for summoning Grand and Pvetif Jurors in the
couhty of ^Dougherty, ancLto levy atax for the same, Als.o,
A bill to be entitled ap-act fbr the irelief d£ Wip. P. Red-
Vrine of flic county of Fayette., Also, 1 * #
A bill to be entitled An apt to repfcal so much of tfn act En¬
titled an act to extend tfie corporate limits of the Totfoi of
Hamilton, ifi tfie counfy of Harris, aild other places therein
tiamed, pnd to incorporate the teWn of Trenton, ip Dade
eohnfy, approved February 18th, 1854, as relates to the in-»
Corporation of the t'own of Trenton, arid to provide for work¬
ing tfie streets' of the town of Trenton. Also, #
A biilto«be entitled ah act authorizing the Inferior Court
qf the county of Murray to increase theiak for said,county,
ahd for o£hefr purposes. Also,
• A bill to be entitled an act to authorize the Inferiqr Cou,rt
of Pierce county to aSSess» an exfra tax for the purpose of
fiuilding a Jail. Also,
A bilf to be entitled an act tovhange the line between tfie
Counties of HgbL and Banks, *
Ai\d have concurred in the amendments bf the House of
Representatives to a bill of the Senate, to be entitled an*act
to repeal tlib seventh sect/on of an act -entitled an afct to in¬
corporate and granfi certain privileges and powers to the
^Newnan Guards, in the? town of Newnan,* Coweta county,
and for other purposes thereih mentioned. And to repeal
the fourth section of -a*n act to regulate the compensation of
Jurors in the comity of Jefferson, and for other purposes
therein named.
Oh motion of Mr. Lewis of'Greene, thq resolution rela¬
tive to Public Printing, which was referred to the Finance
Committee, was transferred to the Commitfpe on# Public
Printing.
The following message was received from thq Senate,
by Mr. We^t, their Secretary*to-wit:
Mr. Speaker:—I am directed by tlie Senate to inform the
H-oftse bf Representatives .that they have passed resolutions
in regard "to the death of the Hon. (3teo. B. Gilmer, in which
they ask tfie concurrence of the House. t
/The House took up the report of the comhiittee on the
Tuff of the Senate, tb pardon Francis J. Smith, of the county
of Campbell, now under sentence of death, for thq crime of
murder.
10
146
JOURNAL OF THE HOUSE.
The report was agreed to, t"he bill was read the third time
and passed,
The following resolutions of the Sehate were taken up,
on motion, read and unanimously*adopted, fo-wit:
Whereas, The General Assembly have received intelli¬
gence of the death of Ex-Governor George R. Gilmer, at
his/esidence in Lexington, onf^her 16thinst. \ ana wherehfc, it
is prpper to pa*y some tribute of respect to those w"ho have
honorabfy served the country, be it therefore,
Resolved, That in the death of George R. Gilmer, theStatfl
of Georgia has been deprived of one of her most faithful,
upright and efficient citizens j of one who, 'in various posjh
tions, had served her with, credit to himself and benefit to her,
and who, as Chief Magistrate, in trying times, had proved
himselflrae to her interests, and devoted to her rights, and
in every public and private delation, had shown himself tp
"be firm, honest and just.
Resolved, That as a token of respect to his memory, the
General- Assembly will adjourn until 9 o'clock, to-mprrov
morning.
ResoUed, That the Secretary pf the Senate be hereby in¬
structed tP transmit a copy of these resolutions to the widow
of the decPasbd.
The House adjourned, by virtue of the sajne, until £
o'clock, A. Mv to-morrow.
TUESDAY, NOVEMBER 22nd, 1859,
The House met pursuant to adjournment.
The House to up the report of thp committee on- the
bill' to alter and aihend thp third, seventh and twelfth sec¬
tions of the first Article of the constitution of this State.
The committee on the Judiciary to whom the same was
referred, reported as a substitute therefor,
A bill pf similar title.
Mr. Delony, Of Clark proposed to amend the first section
of the substitute, by striking out all after first paragraph bf the
same, agd inserting in lieu thereof the following, to Wit:
The Senate shall shall be elected, bi-ennially on the first
Wednesday in October, and shall consist of forty-four Mem¬
bers, and shall be composed of one member from "each Sen-
TUESDAY, NOVEMBER 22nd, 1859. 10
atorial Districts,, which Senatorial districts sfiall be compos¬
ed of three counties, lying contiguous to each other, which
districts shall be arranged and* organised hy the General
Assembly at the session, wh,en this shall be adopted, and if
any new county shall be formed, it shall be added to one 6f
the districts from which it may be takeh.
The question Was divided, and the vote was taken upoil
the motion to strike out. Upon this proposition, the yeas
and nays were required to be recorded.
Thdre are yeas, 85't There are nays, 4*2.
Those who voted in the affirmative are Messrs £
Allen, Goodman, Parks,
Baugh, Graham, Perry,
Blajkey, Greep of Cobb, Price,
Bivms, Harris, Ragsdale,
Broyles, Henderson of }VorthRegister,
Brewton, of For- Hockenhull, Reedet,
syih, Hogans, Rhddes,
Brewton of Tatt- Holland, Richards,
nail, Holmes, Scott,
Causey, Hopkins, Screven,
Cock, HoWeRofBowndes,Sh!irpe,
Oolvard, Hurst, Smith, of Bryan,
Coleman, Hutchins, Smith of Coffee,.
Cook, Johnson, Smith of Towns,
Daiiiel, Jones of Mitchell, Sockwell,
David, Jones ofRahun,. Sprayberry,*
DeLamar, Keeling, Strickland,
Delony, Knox, SWeat,
Earl, Martin, Tatnm,
Edmondson, Mays, Terrell,
Ely, McCants, .Vanover,
Fain of Gilmer, McComb, Vaughn,
Pain of Gordon, McDonald of Lump-Walton,
Fain, of Union, kin, Ware,
Fleming, McDonald of Mnr- West,
Finney, ray, Whaley,
iFortner, McEver, Williams of Clinch,
Gay, McGar, Wofford,
Glpss, McRae, Worley,
Nobles, Young,
Those who voted in the negative are Messrs i
Alexander, Brantley, Clarke of Elbert,
Anderson, Brown of Houston, Cullens,
Barksdale, Brown of Sumter, Dixon,
*48
JOURNAL OF THE. HOUSE.
Eberha^t, H olden,
Ector„ . Horsley,
Faiinixl of Morgan, Kelly,
Gibsop^ of Rich- Key,^
mend, Lewis of Greene,
McWhorter,
'Mitchell,
Mullen^,
Render*
Kozier,
Gibson of Warren, Lewis of Hancock, Settle,
Sims,
Thrasher,
Toggle,
Underwood,
Wickers-
Green of*Houston, Lockett,
Haydin, Lofton, _
Harper of Henry, Lumpkin,
Hamper of Sumter, L tons den,
He/ith, McCrary,
H elnderson ofHenryMcLendom
So the same was stricken out.
The vote was, then taken upon the motion to insert.
The yeas and nays were also required to be recorded up¬
on the proposition.
There are- yeas 84; there are nays 46.
Those who voted in the affirmative are Messrs :
Allen,
Baugh,
Blakey,
Biyens,
Broyfes,
Brgfon of Fbrsyth,
.Brewton of Tatt¬
nall,
Cock,
Colvard*
Coleman,
Conley,
Cook,
Cullen^,
Dkniel,
David,
DeLatpar,
Delony,
Earle,,
Edmonton,
Ely,
Faig of Gilmer.
Fain of Gordon,
Fain of Union,
Fleming,
Finney,
Fortner,
GayV
Glass,
Grahain,
Harris, PqrkS,
Heath, "Patrick,
Henderson of Patten,
Wdrth, Price,
Hockenhull, Ragsdale,
Hogans, Register,
Holland, Reeder,
Holmes, Richards,
Hopkins, Sctftt,
Howell of Lqwndes,Screven,
Hurst,
Hutchins,
Johnson1,
Joyher,
JonCs of Mitchell,
Jones of Rabun,
Keeling
Sharpe,
Smith of Bryan,
Smith of Coffee,
Smith of Towns,
Smith of Twiggs,
Sockwell,
Sprayherry,
Strickland,
Sweat,
Tatum,
Taylor,
Knox,
Martin,
Mays,
McCantsy
McDonald of Lump-Vaughn,
kih, Ware,
McDonald ofMur- West,
ray, Whaley,
McEver, Williams of Clinch,
McGar, Wofford,
McLendon, Worley.
McRea Younj
Nobles,
Js>
TUESDAY, NOVEMBER 22nd, 1859. k9
Those \yho voted in thenegatiVe are Messrs.
Alexander* Green of Houston, McComfo,
Anderson; Hardin, M cOrary,
Barksdafe, Harper of Henry, McWhort^r,
Brantley, Harper of Sumter, Mitchell,
Brown of Houston,"Hendrsoq of Henry,ftWllenp.,
Brown of Sumtet, Hicks, Bonder,
Clark of Elbert, Holden, Hosier,
DixOn, Horseley, Settle,
Eberhart, Kelly, Stms,*
Ector, Key, Thrasher,
Fannin of Morgan, Lewis of Greene, Tuggle,
Gibson of Rich- Lewis of Hancock, Underwootl,
mond, Lochett, V anover,
Gihson of Warren, Lofton, Walton,
Goodman, Lumpkfn, Wicker,
Green of Cobb, Lumsden,
So the ipotion to insert prevailed.
Mr. Graham of Ajppling proposed to amyrrd the second
section in such manner as to provide that each nevt eOunty
which may be created, shall be entitled! to one Representa^
tives.
The Speaker decided this amendment nut of orcler fronx
the fact, thaf it was incompatible with a proceeding clause
of that section, which tixes a definite number of Represen¬
tatives.
Mr. Strickland of Madison moVed the iiidefinitcposipone^
ment of the bill, find upon this motion called the previou
question..
The call was not seconded, and the motion of indefinite
•postponement did not prevail.
Mr. Goodman, of Bullock, in older fp obviate Hie object
tion to the amendment of Mr. Graham, of Appling proposed
to amend by providing, that when any new' county may
be created, it shall be Entitled to rone Representative to fie
taken from that county of the clfiss entitled tor two, which
£hall have the smallest Representative population.
Upon this motion
Mr. Terrell of Decatur require^ the yeas and nayS to be
recorded.
There are yeas 5,6, there are nays '(5-3*
150 JOURNAL OF THE HOUSE,
Those wko voted in the affirmative are Messrs ?
Allan, Harris.
Bivins, Henderson of
Bruton of Fotsy th, Worth,
Brewton of Tatt- Hicks?
nail,
Coleman,
Cook,
Cullens,
Daniel,
Edmondson,
Fain of Gilmer,
Fain of Gordon,
Fain of Union,
Finney,
Fortner,
Gay,
Glass,
Goodman,
Graham
Green^ of Cobb,
Hockenhull,
Hogans,
Holland,
Holmes,
Hursi,
Johnson,
Joiner,
Jones of Mitchell,
Jones of RabUn,
Keeling,
Nobles,
Parks,
Batton,
Price,
Ragsdale,
Register^
Richards^
Sharpe, »
Smith of Bryan,
Smith of Coffee,
Smith of Towns,
Sockwell,
Sweat,
Tatu^,
Taylor,
Terrell,
Kelly,
Knox,
McDonald of Mur- T^est,
ray, Whaley,
McGar, Williams of Clinch,
MeRae, Young,
Those who voted iir the negative are Messrs:
Alexander, Harper of Henry, McLendon,
Anderson, Harper of Sumter, McWhorter,
Barks dale, Henderson of Hen-Mitchell
Baugh, ry. Mullens,
Blakey, Holden, Perry,
Brantley, Hopkins, Reeder,
Brown of Houston, Horseley, Render,
Rrown ofkumter, HoweR of Lowndes, Rozier,
Broyles, Hutchins, Scott,
Clark of Elbert, Key, Settle,
Lewis of Greene, Sims,,
Lewis of Hancock^ Smith of Twiggs,
Lockett, Strickland,
Lofton, Thrasher,
Lumpkin, Toggle,
Lumsden, Underwood,
Martin, Yanoyer,
Walton,
Ware,,
Colvard,
ponley,
DeLamar,
DiVon,
Eberhart,
Ecto-r,
Ely, #
Fannin of Morgan, Mays,
Fanpin of Troup,, McComb,
Fleihing,, _ McCrairy, Wicker,
Gi,bson of Rich- McDonald of Lump-Worley„
oiond, kin,
Gibson, of Warren, McEver,
So the amendhierR Was not received.
The bills and amendments under -consideration were on
Tuesday, November 22ND, 1859. 151
motion postponed for the present, for the purpose of taking
Up the Resolution of the Senate, authorizing the Governor tp
purchase a sufficient number of fire-arms of the latest and
moSt approved stylo for the, perfect equipment of all the
Volunteer Companies within the State, now formed or that
may*be organized within the next twelve months
The same was (concurred in.
The following message was received from the Rebate by
Mb. West their Secretary.
Mr. Speaker:—The Sedate has passed the following bill,
A bill to be entitled an act to incorporate the 'Trusteed
of the Presbyterian Church in the town of Perry in the
county of Houston.
Mr. David from the Committee on Enrollment reports as
duly enrolled and signed by the President of the Senate, and
ready for the signature of the Speakfer of the House of Rep¬
resentatives, an act to pardon Frances J. Smith of the coun¬
ty of Campbell, now under sentence of death, &c.
Mr. David from the Committee on enrollment reports as
duly Enrolled and ready for the signature of the Speaker of
the House of Representatives:
An act to change the lines between the counties of Hall
and Banks.
Also an act fot the relief of William A. Redwine of the-
county of Fayette. #
Also an act to repeal sO much of an act entitled an act to
extend the corporate limits -of the towp *pf Hamilton in the
county of Harris, and other places therein named, bid to
incorporate the town of Trenton in Hade ,county > approved
February, 18th 1854, as relates to thef incorporation Of the
town of Trenton, and to provide for the wdrking and keep¬
ing in repair the streets in the town of Trenton.
Also, an, act authorizing the Inferior court of the county
of Murray to increase the tax for the said county and for
other purposes. #
Also an act to authorize the Inferior Court of Pierce coun¬
ty to assess an extra, tax'for the purpose of building a Jail.
On motion of Mr. David from the committee on enroll¬
ment, said committee was allowed a clerk.
Mr. McWhorter offered th£ following resolution^ which
was taken up, read mid agreed to, to wit:
Resolved, That the Clerk of the House of Representatives
he authorized to employ aS many as ten clerks in the en¬
rolling department if he deems that number necessary»
Leave of absence1 was granted Messrs. Turner of Floyd,
end Ilartridge of Chatham, for a few days on, special busi¬
ness.
On motiop of Mr- Smith, of Towns, the House a
\mtil & h' clock, P. M.
ajourned
152
Journal of the house,
THREE O'CLOCK, P. M*.
The E^oiise met pursuant to adjournment.
The following bills of the House were read the spponcl
time and committed for a third reading, to wit:
A bill to ppnfer certain powers upon the Judge of the
City Cotirt of Savannah.
A bilLfor the relief of David Edwin W. Efvin, of the
county of Chatham, and to permit him to marry again and
for other purposes.
A bill to incorporate the Baltimore and Savannah Steam¬
ship Company.
A bill to exempt from taxation, one acre of land in the
county of Montgomery* and, to constitute the Justices
of the Inferior Court of said county trusteesj
A bill to amend an act incorporating the Madison Presby¬
terian Church, so far as relate to the-filling of the vacancies
of trustees, assented to 7th December 1S51.
A bill fortthe relief of John S. Carpenter, late Tax Collec¬
tors pf the county of Montgomery.
A jbill f o consolidate the offices of clerk? of the Superior
and Inferior Courts 6f Hall county.
A bill to incorporate the Richmond Fire compahy*
A hill to change the county line between flip counties of
Ware, Coffee and Pierce.
A bill to confer oertain powbrs upon the Judge of the
city Courjb of Savannah.
A bill t6 change Certain County lines therein mentioned,
approved March 1st, 1856.
A bill to incorporate the town of Quitman, in Btooks
countyand to confer bpon the citizens of •said town the
privileges of electing town commissioners with certain
powers therein, enumerated, and for other purposes therein
specified.
A Rill to alter apd amend the second section of an act, ap¬
proved January 21st, lS52„and for other purposes therein
mentioned.
A bill to incorporate the ReliyfFpre company, No. 2, in
Athens.
A bill to protect the possession of lands in Charlton, &cf
A bill to provide for the rendition of fugitive criminals
A bill entitled ail act to amend an act entitled an act to
amend the Road Laws of this State, so far as.relate to the
county OfOffem approved 1st Marph, 13-56, and to apply its
provisions to the oppnty of Clinch.
AIM for the relief of Francis t) aniel, ShPriif of the coun¬
ty of Dade. •
A bill to incorporate fhe Indian Creek BaptH Church in
the county of Franklin, and for other purposes*
TUESDAY, NOVEMBER 22*i>, 1659. 15;J
A bill to prevent tbe burning of the woods in tbef coiinty
of Echoes &b Certain, seasons of the year, and for other pur¬
poses,
A bill fo incorporate the Gate City Guards of Atlanta,
and to grant certain immunities and priviledges to the same.
A ball to authorize the Justices of the Inferior Court of
Gilmer county to levy alijd collect an extra tax for the pur¬
pose Of paying the county debt, created by the building of
tjheir Court House.
, A bill to alter and umepd an a<?t pointing out Jfche mode
of collecting a certain discripfion of debts, therein mention-1
ed, approved December 19th, 1818, and to extend the pro-
Visions of the same, so as to embrace corporations.
A bill to amend an act of the llth December? 185S, in
relation to Insurance Companies and Express Companies
doing business in this State. i ,
A bill to niake Hannah Jarrett a feme sole traders
A bi^l to compensate Justice^ Of the Peace jn Decatur
County for" making out and returning lists of po'or children
to Ordinary.
• A bill to change the name of James Mercer, and to make
him capable of inheriting the estate pf« Jarrett D. Robin¬
son.
A bill for the relief of Middleton of Mcintosh* County.
A bill for the relief of Sterling L. Qenkins.
A bill the relief of John E. Mound, and another of the
county of Hancock.
A hill for the encouragement of Volunteer Companies and
the better organization of the military forces of this State;
read the second time, and referred to the committee- ou Mil¬
itary affairs. ,
„Mr. David from the committee on enrpllment reports as
duty"enrolled and signed by the President of the Senate and
ready for the signature of the Speaker of the IfopfsC of Rep¬
resentatives an^ act for thp relief of Amy Clark from certain
disabilities thereing mentioned.
The following Message was received from His Excellen¬
cy the Governor by Mr. , his Secretary, to wit:
Mr. SpcaJcef- ;j—The Governor has signed thC " Act to re¬
move Hie county site of Lowndes county, to change the line
between said epiinty, and the county of Brooks, and for oth¬
er purposes.
Mr. David from the committee on enrollment reports as
duty enrolled and reMy for the signature of the Speaker pf
the House of'Representative the following, Acts:
Aaact for the relief of Teaehers of poor phildrefi in Mus,-
cogee county in the year 1853.
*54 • -JOURNAL OF THE HOUSE,
Alga an act to changte tlie lines- between the counties of
Coffee and Irwin. ' _ ^ .
Also an act fixing the time of holding the Inferior courts
in the county of Coffee.
Also ail kct to provide for the compensation -of Sheriffs
for the summoning of Grand and Petit Jurors ih. the county
of Dougherty and to levy a tax for she same.
The bill to make an appropriation to endow a Chair of
Natural Science and Agriculture in the Cherokee Baptist
College and for other purposes, together with an accompa¬
nying memorial, was referred to a select committee, on mo¬
tion of Mr. Wofford of Cass, consisting of Messrs. Lewis of
Hancock* Parks, Letter, Ely, Price, Alexander, Smith, of
Towns, Harris, Hartridge, Wofford and McWhorter.
The bill .to11 extend the provisions of the poor .School laws
to the purchasing of School Books and Stationery was read
the second time and referred to the committee on public
education.
The bill* to incorporate Trenton Academy to appropri¬
ate money for the same and for other pnrposes, was readthe
'-second time, and on motion of Mr. Tatum of Dade, refered
to a special committee, consisting'ef MeSsrsJTatum, Lewis of
Hancock, Lewis of Greene, Ely and Broyles.
The bill to enable certain commissioners therein named to
sell the old Greene monuhlent, &g., was rea(d the Second
time, and referred to1 a Special committee, consisting of
Messrs, Screven, Lewis off Hancock.- Ely, Harris, Broyles,
Delony and Williams of Muscogee.
The unanimous consent of the House having been ob¬
tained, Mr. Tuggfe withdrew the hill to prescribe the term
for which Receivers of fax! returns and tax" Collectors and
county Treasurers shall hold their offices.
The bill the! more effectually to carry into effect the 13th
Section of the 4th Article of the Constitution of this State,
to promote the« arts and sciences, and to provide for the ed¬
ucation of Treachers at the University, and for other pur¬
poses ; was read the second time, and referred to the com¬
mittee on public education.
Thp bill to lend the Bonds of the- State of Greorgia to
M&rk A.Cooper, for purposes therein specified >vas read the
second time, and On motion of Mr, Lewis of Hancock, made
the Special order for Saturday, 27fh inst.
The bill for the better protection of the, morals of the
JfQifeh of this State was read the second time, and referred
to the Committee on Public Education.
Tfie. following bills were «read the second time and refer¬
red to the Judiciary committee, to wit:
A hill amend the 35th section of the 14th division of
the Pehal Code.
TUESDAY, NOVEMBER 22nd, 1859. 155
A bill to male all psoperfy botji real and personal subject
for the purchase! money of such property.
^ A ^ill to repeal an act entitled an? act to regulate the tes-
Jtipiohy of Attorneys at Law.
A hill to amend the 6th Article, and 1st section of an act
passed 27th Pec., 1$45.
A bill to require parties propounding a will for probate,
to give to parties that would be interested, if thqre
was no will, and the legatees, under the will, ten dayS notice
of the timet and place, when and whete the same is to be
offered for probate, and for other purposes.
A bill to facilitate the taking of cases to the Supreme
Court by Executors, Administrators and Guardians, &c.
A bill to amend an act entitled an act to amend the rent
laws of this State, approved Dec. 24th, 182^7. *
And also an act entitled an act to pr6tect*the owner of
lands or tenements against intruders, and to provide a reipe-«
dy for land owners in certain cases, approved Feb. 14th,
1.854.
A bill to .empower the Superior Courts to appoint partr-
tioners to divide negroes, and other personal property, ana
to authorize- the sale of the same, &c. t
A bill declaring the rights of husfidndsj in, and, to the
property of their deceased wives, and to fix the liabilities of
of husbands upon the contracts of their deceased wives, and
for other purposes.
A bill to prevent the marriage of cousins. And,
A bill to exempt from levy and sale under execution, or
Otherwise certain property herein mentioned, and to repeal
all exemption laws in this State.
The following bills was read the second time and referred
to the committee oh Finance, to wit:
A bill to compensate Dr. "William Z. Cock, of the county
pf Early. *
A bill for the relief of Arthur Haire, of the county of
Cass. * . i ■
A bill for the relief of Charles S. Oliver and Charles J.
Oliver of Clark county.
A "bill fo reimburse the county of Early for-monies ex¬
pended in arresting the spread °f Small Pox.
The following bills were read the second time and ordered
io be engrossed, to vidt:
A bill to alter and amend the charter of the Gulf and At¬
lantic Eailroad company, and to locate the West
end of said Kqad.
A'bill tp amehd the first? section of an act entitled an act
to add an additional section to the 10th Division of the Pe¬
nal Code.
156
JOURNAL OF THE HOUSE.
The following hills was -regd the second time and referred
to the committee on new counties, to wjt:
A bill to add a part of the county of Gilmer tb the conn-,
ty of F^tlnin, and for1 other purposes.
A 'jpll to lay out and organize a nety county front the
counties of Chattooga and Walker.
A hill f o change the line between the counties of Lump¬
kin and Daw$oih ,
The bill to amend the several acts otj the General Assem¬
bly relating to the Savannah and Albany Railroad Company*
&c„ &c., &d., was read the second time, amdmefeijed to the
committee on* Agriculture and Internal Improveiftent.
The bill to regulate the paper'currency.
To prohibit the circulation of bank bills or notes, undet
the denomination of ten dollars, end other things therein
mentioned, waS read the second time, and referred to the
committee on Banks. Also,
A bill to amend the 2nd Section, of an act entitled an act
to provide against ther forfeiture of the several Bank Char¬
ters in this State, on account of" non-specie payment <for %
given time, and for other purposes therein, minted, passed
22nd, Dee., JL851?.
The House adjourned until 9J o'clock, A. M.to-morrew,
WEDNESDAY, NOVEMBER 23rd, 1S59.
The House met pursuant to adjournment.
Leave of absence was granted Messrs. Scott, Vanover,
Harper of Sumter, Little, Walton and Henderson, of Stew¬
art, for a few days on special business ; and to Mr. Holmes
of Laurens op account of indisposition.
The bills proposing to reduce the number .of the mem¬
bers o 1 the General Assembly of this State, were pn lhotioa
referred to a special committee consisting of olie from each
Judicial District.
The following bills were reported and read the first time,
to wit:
Mr. Anderson, of Bibb, reported,
A bill to charter the Central Insurance Company of
Georgia, and to confer on ^aid company certain rights, pow¬
ers anilprivileges, and for other purposed
A bill to Incorporate the Gj-eprgia BaPUfA Bible and Col¬
porteur Society.
WEDNESDAY, NOVEMBER 23ED? 1859. 157
A bill to alter and amend the several* acts, in? relation to
Bibb county Academy, anil to change tlie name of the
■same;
A bill to alter and amend an act, passed Dec. 22ncl, 185^,
ejatitled air act to encourage persons, making wills, to pro¬
vide a permanent fund for the 'collegiate preparation, and
Education of indigent boys Or yogng men. And,
A bill io authorize the Mayor arid Council, of the city of
Maohn to lease a portion, of the public reserve* fying below
said city, to be used as a brick yaM and for otjier purposes
therein, mentioned.
Mr. Toggle, reported,
A bin to authorize the Ordinary of Campbell county, to
pay A. P. McCool, his poor School account for the year
1858.
A bill to prescribe fhe sum that shall be paid for a license
to retail spirituous liquors in this State, and thh following
resolution, to tvit:
Resolved, That the House of Representatives will not re¬
ceive aiiy Hew business after the 28th inst., unless two
thirds of the members present shall determine otherwise.
Mr.« Graham, of Appling, reported, k
A bill to exempt practising* Physicians of the county of
Appling -from Jury duty.
Mr. McCombs, of Baldwin, Reported,
A hill to fix the pay ©f the Guard of the Penitentiary for
thef future.
Mr. Nobles, of Berrien, reported, «
A bi,ll for the relief of John J. Drawdy and Daniel
Drawby, of1 Berrien county, as securities of Daiiiel Draw-
dy, Sr.
Mr. Fleming, of Cherokee, reported,
A bill to amend an act entitled an net, to ame»d the
Road Laws of this State, so far as relates to the county ©f
Cherokee. And,
A hill to gmend an acts entitled en aet to protect reli-.
gions societies in the exercise of their religion^ dutips, ap¬
proved, Dec. 13th, 1792.^
Mr. Lockett, of Bibb, reported,
A hill to repeal the 1st and 3rd sections of an act td pre¬
scribe certain rujes and regulations to be observed by the
severe! Railroad Companies in running engines npon their
respective tracks, and annex a penalty for the violation of
the samp, approved, Jenuary, 22nd„ 3,852, and -to substitute
two (Sections in lieu of Said second and third spctions-
Mr. McWhorter, of Greene, Reported,
A bill to prov'idp for the mileage and per diem pay oi the
members of &ie General Assembly: to- regulate the Samp,
and for other purposes.
i$6 Journal of th£: house.
Mr. Smitli, of Coffee, reported, , . _
A Ibill to change the line between the counties 01 Irwin
and Coffee.
Mr. Hockenhull, reported,
A bill to appropriate money to the county 01 -Dawson, to
supply a aefiicit In the school fund for fhe year 1858,
Mr Fhin of Gordon reported a bill to lay out and organ¬
ize a new county from, the counties of (fordon, Cass, Chero¬
kee, Eickeris and Gilmer, ^and for other1 purposes.
Mr. Henderson of Henry reported,
A hill to authorize the Ordinary of Henry county4 to pay
Wm. W. Campbell for teachiUg poor children for tiie year
1857.
Mr. Lumpkin, of Clark, reported,
A bill for the relief of the Executors of James Comok,
late of the county of Clark deceaseds And,
A bill to confer certain powers on Juries at law.
Mr. Sprayberry, of Catoosa, Reported.
A bill to lay out and form a new county, out of the coun¬
ties of Coweta, Heard,Troup and Merriwether, and to Or¬
ganize the same.
A piil for t,he relief of William, Fulcher's securities. And,
A bill to 'pardon Thomas Q. Whifworth, of "the county of
Chattooga, ,noW| under sentence pf death, for the crime of
murder.
Mr. Lewis, of Hancock, reported,
A bill to employ a State's Geologist and to prescribe his
duties.
A bill to incorporate the Board of Trustees of the Mount
VerUpn^ Association of Baptist Ghurches, appointed hy said,
Association, for the government of the Mount Vernon Insti¬
tute, at the village of Riddleville in Washington county in
this State, to confer on said Board certain privileges, td in¬
corporate saW village of Riddleville, and for other purposes.
Mr. Cullens, of Clay* reported,
A bill to incorporate the town of Fort Gaines, and for
other purposes. And,
A bill to reimburse the heirs of Everett Wells deceased.
iMr. Lewis, of Greene, reported,
A hill to amend the charter of Greensboro. And,
A bill to incorporate a corps of Infantry in the eity o{
Greensboro, ana to grant certain privileges, unto the same.
Mr. Daniel, of Jackson, reported,,
A bill for the relief of John J. Flornpy, of the county of
Jacksop.
A bill to leave tbe question of the existence or abolition,
of the Supreme Court to the people of this State, and a res-,
olutioh requesting our Senators and Representatives in
Congress,, to use their best efforts„to secure the passage, pf a
WEDNESDAY, NOVEMBER 23rd, 18^9. ifi&
law, granting pensions "to tbe surviving soldiers^ who, m
1812 and 1813, volunteered for the defence of Georgia.
• 4
Mr. McWhorter, of Greene, presented thd following ad¬
dress, acicompanied by a resolution, that the same^bq pre¬
sented to His Excellency, the Governor, to wit:
To His Excellency Joseph E. Brown*) Governor of the State @f
Creorgia:
The General Assembly respectfully submit to your Ex¬
cellency, the. following address:
t • 14
The Honorable Robert V. Hardeman; Judge of the Supe-.
rior Courts of the Ocmulgee Circuit, has for the "lasf twelve
months been providentially afflicted to an eitent, which
renders him physically and mentally incompetent to dis¬
charge the duties of his office. His warmest friends and
nearest relatives ar£ sensible of the fact, ahd have earnestly
requested hire to resign. Unconscious of his situation, he
has refused to comply with .their request. The members of
this General Assembly/rom his Judicial Circuit since the
commencement of its present session, from-due respect to the
Wishes of their constituent^, ahd a warpPregard for the feel¬
ings of Judgfe Hardemah, performed the painful d,uty of adT
dressing him a petition requesting him to Resign, and save
Jiimselfand friends the mortification^ and the General Assem¬
bly the unpleasant duty of making this address to ^Our1 Excely
lepcy. Stifl insensible to *his misfortune, u,pon the recep¬
tion of the petition, he instructed the bearer to state that he
would not grant it, but immediately started to the West,,
expressing a wish for the matter to be deferred. Under all
these circumstances, we see no other course left us to pur¬
sue, but to request your Excellency'to remove, him from of*
fice, and declare the saihe vacated.
Mr. Taylpr, of Randolph, reported^
A bill to change the time of holding the Inferior Courts
of the county of Randolph.
Mr. Price, of Pickens, reported,
A bill to amend an act entitled an act, to autnorize the
Justices of the Inferior Court of fhe county 6f Pickens, to
levy and collect qn extra tax, for the purpose of paying the
county debt, created by the building of the Court House in
said cpunty, "assented, to 11th, .Dec. 1858.
The committee appointed by the Speaker op the. bills rel¬
ative to a reduction, of the members of the General Assem¬
bly, cohsiste of Messrs. Lester, Harris, Cook, Tuggle, Lofton,
Hartridge, Gj-ibson of Richmond, Delony, Lewis of Greene,
DeLamar, Horsley, Broyles. Ector, Ely, Dixon and Alexan¬
der.
•tMr. Fain of Union, Reported,
160 JOURNAL OF THE HOUSE.
♦A bill to incorporate the Owl Town and Coosa; Creek Min¬
ing comply, and for other purposes therein mentioned.—
ltd,
A bill top the encouragement of education.
"ML iBroyles, of Whitfield,, reported,
A bill for the relief of Cornelias Hibberts, pf the County
of Fulton.
Mr. jKnOx, of Wayne, reported,
A bill to authorize the Justices of the Inferior' Court, of
Wayne county, to levy an extra tax for the phrpose of build¬
ing and erCcting a bridge across the Big Buffalo, near Shef¬
field old pulls.
♦ Mr. Grib^n, of Richmond reported,
A biil,to amend the patrol laws pf this States
M,r. Pilcher, pf Warren reported,
A bi^l fo provide a Board of Managers for the Georgia In-
Stltktej for the Deaf and .Dumb, and to provide fog the rer-
movajl of the pupils, the purchase of a site, the erection of
Wildings, and foi* other purposes upon certain conditions
therein named.
Mr. Price, of Pickens reported, 4
A "bill to alter and anjend f hp law of decendahts in cases
of persons who hre illegitipLate,mr born out Of wedlock, dy¬
ing^ intestate. 4
Mr* Jones, of Rabun, reported,
/I bill to niter gnd rinend an act to« provide for the educa^
tion of the children of this State, between certain, ages, and
to provide an annual .sinking fund fof the extinquishment of
the public debt, assented to, Dec. Ilth, 1S-5S, and for othef
purposes, so far as relates to the cpunty of pf Rabun. And,
A bill io incorporate the Baptist Church, at the* head of
Tenn^ssep, in the county of Rabun.
Mt, Harper ofJSnmter, reported,
A bill to change the lines, between the counties of Sum¬
ter, and Webster.
Mr- Horsely, of1 Upson reported,
A bill fo make the Justices of the Inferior Courts of the
several bounties in this State, ex-officio commissioners of
Patrpl ip the counties for which they are elected, and for
otfieis purposes therein mentioned.
Mr. Rirown, of Sumter, reported,
A bill to change the corporate limits of the city of Amer¬
ica so as to changb the residence of John J. Hudson there-
fropi, and tp exempt him from the payment of taxes to said
cityh
Mj". Little, Of^lonroe reported,
A bill fur the relief of practicing Physicians of Monroe
county, ^Awd, ' #
A hill to incorporate thq Quittman Gtiards, and for other
purposes therein named,
WEDNESDAY, NOVEMBER 23rd* 185<b 161
Mr- Eannin, of Morgan reported,
A bill to prevent minors from selecting a new guardian
it their own option, upon arriving at the age of fourteen
f Oars, and for other purposes.
JVIr. Coleman, of Randolph'reported,
A bill to change th,e line between the counties of Randolph
and Quittman, and for other purposes.
Mr. McDonald of Murray, reported,
A "bill for the relief of Mrs. Isabella Adams, of the county
of Murray.
Mr. Gibson, of Richmond' reported,
A bill to exempt from jury duty certain firemen, &c.
Mr. Howell, of Milton, repotted,
A bill to change the line between the counties of Milton
and DeKalb, and Milfon and Gwinnett, &p.
Mr. Vanover, of Terrell reported,
A bill, to alter and amend the incorporation of the village
of Chickasawhatchie, in formerly Lee1, now Terrell c'oun,-
ty.
Mr. Howell, of Lowndes reported,
A bill to repeal the ninth and tenth sections of an 'act, to
lay out and organize^ a tiew^county, from the counties of
Lowndes and Thomas, and for other purposed therein speci¬
fied. t ,
Mr. Holclen, of Taliaferro reported,
A bill to prevent and punish free negroes and slaves for
keeping eating fables, and from living separate and apart1
from their pwners, hirers", or Guardians, o*r other plapes of
traffic,- br trading in the town of Crawfordville, in.this Statd,
and for other purposes, and to prescribe punishment for the
same.
Mr. Key, of Jasper, reported a bill to create a School Com¬
missioner for the county of Jasper, and "tp provide for the
education of certain children therein, and to authorize the
levying a of tax for the sapie, and other purposes therein^
mentioned. .
Mr. Barksdale, of Lincoln, reported a bill "to prevent and
make> penal the betting on elections.
Mr. Mayes, of Lumpkin, reported a bill to alter and
amend the Road Laws of this State, so far as relates to the
cpunty of Lumpkin.
Mr. Hopkins, of Mclntbsh, reported a bill to amend the
Judiciary of Georgia, so far as relates to the county t of Mc¬
intosh.
The House took up the Report of the committee on the
bill for the relief ofi Wilson W. Poe, of the couhty of Ear¬
ly.* ,
The report was agreed to. The bill was read the third
time and passed. , ,
Thb bill to account with the Trustees of the University of
11
162 aOUKtfAL OF THE HOUSE,
Georgia, for the interest dike on tpe sale of the* University
lands, and to provide for the payment of the same, was re¬
ferred to the committee on Public .Education.
The House took up the report of the committee on the
bill to. chapge the line between the counties, of Clihch and
Berrien.
Thfe report of the committee on new counties, which was
adverse, was agreed to, and the bit! whs. therefore ^ost.
The House took up the report of the committee? on the
bill to amend an act to define the liability of the several
Bail Road Companies of this State, for injury to persons or
property; to prescribe in what counties they may be sued,
and how served with process, approved March 5th, 1856,
ahd for pther purposes.
Mr. Lester, of^Cobb, ofierred as a substitute for f he same,
a bill of similar title, which was adopted.
* The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the Committee on the
bill to incorporate the town of Blackshear,- in Pierce coun¬
ty, and provide for the governmeht of the same.
The report was agreed to, the bill \vss read the third time
and passed.
The Housetiook up the report of the committee o,n the
bill to incorporate "The Baltimore and Savannah Steamship
Company.'''
The report was agreed to, the hill was read the third timb
and passed.
'The Houfee took up the report of the committee1 on the
bill to confer certain powers upon the Judge of the City
Cburt of Savannah.
The report was agreed to, the bill was read the third
time and passed.
The House took up the report of the committee on the
bill to consolidate the offices of Clerk of the Superior and In¬
ferior Courts, of the county of Hall.
The same was amended, on motion of Mr. Tatum, so
as to embrace in its prpvisions tbe county of Dade. The re¬
port as amehded was agreed to, the bill was read the third
time and passed.
The House took up the report of the committee on tbe
bill to exempt from taxation, one acre of land in the coua-
ty of Montgomery, as the burial place of Qeorge M. Troup,
deceased, and to constitute the Justices of tire Inferior Courts
of said county, Trustees for the prptection of the same,
The report was agreed to,* the bill was read the third
time and passed. *
The House took up the report of the committee on the
bill to amend the charter of the Gulf and Atlantic Bail
Boad Company, aiyl to locate the west end of said road-
WEDNESDAY, NOVEMBER 23Ad, 1859. 163
The report was agreed to, the bill was read the third time
And passed.
The House took up the report of the committee on the
tire bill tp amend an act incorporating the^Madison? Presby¬
terian Church, so far as relates to the filling the vacanpies
of Trustees,
"Alssepted to, "Dec. 7th, 18#51.
*The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the committee on the
bill to incorporate the Richmond Fire Company, &c.
The report was agreed to, the bill was read the third
•time and passed, '
The House took up the report of the comrpittee on the
bill to amend the first Section of an act entitled " An Act
to add a Section to the 10th Division of the Pepal Code.
The report was agreed to, fhO bill was read the third tilde
and passed. *
The House went into Committee of1 the Whole, Mr. Mc-
Whorterin the Chair, on the bill for the relief of John £>.
CatpCnter, late Tax Collector of the county of Montgom¬
ery- . ,
The report was agreed to, the bill was read the third time
and passed.
On moiion of Mr. Broyips,
The hill to amend an act entitled " An Act to chapge cer¬
tain county lines therein, mentioned, approved March fst,
lS-56, ^ was. referred to the committee on n6w counties.
The following message was received from 'the Senate, by
Mr> West, their Secretary.
Mr. Speaker; The Senate have passed the following bills:
A bill to be entitled an act t6 legalize the marriage of'
Lawson Oady and Frances E. Cady, and for other purposes.
Also a hill to be entitled an act to authorize A. C. Trim-
belt, Administrator of Andrew M. Hamilton,, deceased, to
sell the negroes of his intestate,on the firSt'Tnescfay in Jan¬
uary next.
Also a hill to be entitled an act, to amend an act, appro¬
ved March 5th, 1856, entitled An act to anthdrize personsto
submit controversies to arbitrators, and for other purposes
therein mentioned.
Also a pijl to be entitled an act to in corporate the Plant¬
ers *Rail Road Company, apd for other purposes.
Also a bill to be entitled an ,act to give to the Inferior
Courts of ihe different counties of the State, ppwer to ap¬
point some fit and proper person, to receive and receipt for
the amount of money their respective counties may be enti-
titled to, under the act to provide for the education of the
164 JOURNAL OF THE HOUSE.
♦children of the State, &c., assented to, December 11th, 1858,
"when, the Ordinarys of said counties refuse or neglect to
give bpnd in terms of the law.
Also a hill to be entitled an act to prdvent the sale of spir¬
ituous liquors, within one-half mile of the Court House, in
the town of Fayetteville, in Fayette county, Only*on condi¬
tions therein named.
Also a bill to be entitled an act to aid the citizens of Geor¬
gia, in the construction of Rail Roads in this State, upon the
conditions and limitations therein specified.
Mr. David, from the committee oh enrollment,. reports as
duly enrolled, and signed by the President of the Senate,
and ready for the signature of the Speaker of the House; ef
Representatives, the following acts, to wit
An act for; the relief of the securities of George F. Wing,
former Tax Collector of Mcintosh county.
Also an act to legalize the holding of Carrol Superior
Court, at its last term, arid to make valid the-proceedings nf
said Court.
Also an act to incorporate the town of Ellaville, in Schley
county. ,
Also ail act to amend an act entitled an apt to incorporate
th« SaVannah, Griffin and North Alabama Rail Road Compa¬
ny, assented to on the 11th day of February, 1854, and fa)
repeal Sections 7, S, and 9, of said act, and tcf substitute two
additional Sections in lieu thereof.
Also gn act to authorize the Mayor and Council of the
cify ,of Atlanta, to "take possession of the enclosed ground,
Jying betwpen the general passenger Depot and DeCatur
street, an,d Atlanta Hotel and Lloyd street, in the city of At¬
lanta, for the purpose of beautifying and ornamenting the
same, to be used for a Rail Road Park.
Also an act to repeal the 7th Section of an act entitled
ah act to incorporate and grant certain privileges and pos¬
ters to the Newnan Gtiards, in the town of Newnan, Cow¬
eta county, and for other purposes therein mentioned.
Also an act to repeal the 4th Section of an act to regu¬
late the compensation of Jurors, of Jefferson coiintv,. and
for other purposes therein mentioned.
Mr. David, from the committee on enrollment, reports as
duly enrolled and signed by the President Of the Senate, and
ready for the signature of the Speaker of the House of Rep¬
resentatives, the following resolution, to wit:
Jpint Resolution in relation to the Branch Mint at Dab-
lonega.
The following message was received from H^is Excellency
the Governor^ by Mr. Waters, his Secretary.
Mr. Speaker: The Governop has signed, the folW^
bills:
WEDNESDAY, NOVEMBER 23k», ,1859.. 16S
A bill fixing fhe time of holding the Inferior Courts, in
the county of Coffee.
A bill to change the line between the counties of Hall
alih Batiks.
A bill to change the lines between the counties' of Coffee
and Irwin.
A bill for.the relief of teachers of poor children, in Mus¬
cogee county, in the year 1853. '
A bill to» provide for the compensation of .Sheriffs, for
summoning Grand and Petit Jurors, in the county of1 Houghs
erty, and to levy a. fax for the same.
A bill authorizing the Inferior Court of the county of
Murray, to increase the tax for the said county, and for oth¬
er purposes.
A bill to authorize the Inferior Court of Pierce county to-
assess an extra t&x, for the purpose of building a Jail,
A bill to repeal so much of an act entitled an act to ex¬
tend the corporate* limits of the town of Hamilton, in the
county of Harris, and other places therein named, and to
incorporate the town of Trenton in Dade county, approved
Eebruary 18th, 1854, as relates to the incorporation of the
town of TreUton, and to provide for the working and keepr
irlg in repair the streets, in the town of Trenton.
The following message was received from His Excellen¬
tly the Governor, by Mr. Campbell, his Secretary, to wit:
Mr. Speaker: I am directed by His Excellency the Gov¬
ernor, to lay before this branch.of the General Assembly- h
communication in writing, with the bill to which it refers.
4
'The same was, on motion, taken up and read.
EXECUTIVE DEPARTMENT,
Milledgeville, Ga., Nov. 23d, i8-59.
To the House of Representatives:
The bill entitled an act for the relief of William P, Red-
wine of Fayette county, is herewith returned without* my
sanction.
The bill recites that on the fifteenth* of November, 1858,
Mr, Redwine, with others became tbe surety of one Deskin
jlolcombe, on a recognizance for his appearance at the Sep*-
tember Term, 1859, of the Superior Court of said county,
atid that at sS^d Term Of the Superior Court, said recogni¬
zance was forfeited, on account of the non-appearance of
saidHolcombe. After reciting these facts, it'is enacted, that
the said Red wipe be released apd fully exonerated from lia¬
bility on said recognizance.
166
JOURNAL OF THE HOUSE,*
j This presents,,the Ordinary case of a surety, who ha? vol¬
untarily assumed thp liability, and whose principal, b® fail-
ed to attend thp Court,, and answer for the offence with
which he stands charged. Within less than three months
after the Term of the Court at which the ^recognizance was
forfeited', and before <a judgment had even been rendered upon
the scire facias, he applies to the Legislature for relief, ana it
is proposed that it be granted. If this practice is to prevail,
it yvilT soon becoine almost equivalent to a .suspension of the
executiori of public justice in the State. The most wicked
offenders will be enabled to give bbnds forthpir appearance,
and will refuse to appear and abide the judgment of the
Courts, arid it will only be necessary tor their sureties who
voluntarily signed their recognizances to appeal to the Leg¬
islature with a statement that it is a hard case, and Relief
must be granted. In my opinion too many obstructions are
already thrown in the way, of the prompt land impartial ex¬
ecution of the Criminal Laws of the land, and. I am unwill¬
ing by my act to multiply these obstructions. He who places
himself between the law aud the criminal, and takes him;
out df the hands of the Officers of the law, by becoming hi^
surety, does so, with full knowledge of the* responsibility
wbich attaches to his* act, and Should not here be relieved,
after he has enabled his principal to escape. It should not
be forgotten in determining upon the merits of applications
of this character, tbat the law imposes upon Clerks, Sh^rifi^
and Solicitors General b great amount of labor in insolvent
criminal casesr and leaves them to, look for payment to the
sums brought into Court from fines and forfeiture? of iliis
character, Witnout making any other provision for the satis¬
faction of their claims. After imposing the burdens wbich
the law now imposes upon thdse officers, without making
Other provision for their compensation, I conclude that it is
injustice to them, for the law making power to step between
them and those who have enabled the guilty to escape, and
arrest them jh the collection of their just dues : the pay¬
ment of which, by* those who are liable, is the only satisfac¬
tion made to the State for the violation of her criminal
law?:
This character of Legislation Would seem therefore to be
unwise, and to encourage the commission rather than the
suppression of crime, by increasing the facilities for thq es¬
cape of the guilty. He who consents to become the surety
of a criminal for his appearance at Court, should remember
that the surrender of his principal or* the payment of the
j,mo\mf of money mentioned in the recognizance, are the on¬
ly alternatives' known to the law.
+ JOSEPH E. BROWN.
On ipption of Mr. Leyvi? of Urinpock, the rules were sus¬
pended in order to take actipn on the bill mentioned! the
WEDNESDAY, NOVEJlfiER S3eb, *1859. 167
foregoing message, as having fafled to receive th© Executive
Sanction.
The yeas and nays being recorded on the same;
There are yeas 77. There are nays 51.
Those Who voted in the ^affirmative are Messrs :
Alexander, Harper of Sumter, Patton,
Allan, Heath. Pilcher,
Barksdale, Henderson of Hen-Pitts,
Brantley, ry, Preseott,
Brinson, Henderson of WorthPrice,'
rBrown of Houston,Hockenhull, Register,
Brewton of Forsyth,Hogans, Render,
Brewtop of Tatt- H olden, Richards,
nal, Horsley, Screven,
Cason, Hutchins, Sharpe,
Clarke of Elbert, Johnson, Smith of Bryan,
Cullens, Joyner, Sprayberry,
Daniel, Jones of Mitchell, Stewart.
Delamar, Jones of Rabun, Stlicklapd,
Delopy, Kelly, Sweat,
Ector, Knox, Tatum,
Edmondson, Lewis of Hancock, Taylor,
Fain of Gordon, Lumpkin, Terrell,
Farnell, Lumsden, Thrasher,
Glass, McGrairy, Underwood,
Gibson of Rich- McDonald of Lump-Vanover,
mop.d, kin, Walton,
Gibson of Warren, McWhorter, Whaley,
Green of Cobb, Minfz, Wicker,
GroVenstein, Mitchell, Williams of Clinch,
Hardin, Mullens, Wofford,
Harper of Hqnry, Nobles, Yoifng,
Those who voted in the negative are Messrs:
Anderson, Earle, Howell of Milton,
Baugh, Eberhart, Hurst,
Rlakey, Fain of Gilmer, Lester,
Bivins, Fain of Union, Lockett,
Brown of Sumter, Fannin of Morgan, Lofton,
Broyles, Fleming, Martin,
Clarke of Monroe, Finney, Mays,
Cock, Goodman, McDonald of Mur-
Colvard, Hicks, ray,
Coleman, Holland, 'McCants,
Conley, Hopkins, McEver,
Cools,-, Howell of Lowndes,McLendon,
168
JOURNAL OF THE HOUSE.
JSIorwood, Selman, Tuggle,
Parks, Settle, Vaughn,
Perry, Sims, Ware,
Rag'sdale, Smith of Towns, West,
Reeder, Sockwell, Worley,
Rozier, Tapley,
The proposition to pa ss the bill not having received a vote*
of two-thirds was lost, and the veto sustained.
The bill adding a section to an act incorporating the
town of Athens, in the county of Clarke, was on motioh of
Mr. Lumpkin of Clarke taken up, and read the second tlmef
Leave of absence was granted Messrs. Taylor of Randolph,
Lewis of Greene and Key of Jasper.
Mr. Lester of Cobb, offered the following resolution which
was taken up, read and agreed to, to-wit:
Resolved, Thai all rules fixiiig the time at which this House
sljall meet and adjourn, be rescinded and the House be left
free to meet and adjourn as the business before them inay re¬
quire.
The Houfe adjourned until 3£ o'clock P- M.
3i O'CLOCK, P. M.
The House met pursuant to adjournment.
The Finance Committee, reported
A bill to appropriate money for the support of Govern¬
ment for the political year I860, ancl for other purposes,
Which was read the first time.
The, rules were suspended on motion of Mr. Prescott of
Screven, and the bill of the Senate to authorize the Admin¬
istrators of the Estate of James Young, Sr., to sell" the prop¬
erty of said Estate, and to make titles to the same,
Was read the first time.
The following bjlls of the House were read the sec¬
ond time and committed for the third reading, to-wit:
A bill to r.eclnce the Sheriff's bond of the county of Mil¬
ton.
A bill to define} certain duties of the several Railroad
Agents of this State, and for other purposes therein men¬
tioned,
A bill to amend ait act to incorporate the town of Camil¬
la, approved Marcl\ 3d, 1856.
A bill to lay* 6u£ and organize a neW, county out of the.
WEDNESDAY, NOVEMBER 23RD, 1839. 169
counties of Oobb, GasS, Cherokee and Paulding, and for oth¬
er purposes therein mentioned.
A bill to incorporate the Georgia Greys, of the city of
Columbus, and to extend to them certain privileges.
A bill to amend the laws in relation to JTury fees.
A bill to prevent itinerant peddling in this State.
A bill to erect a monument bo the memdry of Governor
J ared Irwin, in the town of Sandersville.
A bill to enforce full returns of property.
A bill to incorporate Spring Yale Institute, Randolph.
A bill for the relief of Wm. F. Shannon.
A bill for the relief of Richard Myrick, Of Pike county.
A bifl to change the time of holding the Inferior Courts of
Webster county.
A bill to prevent the killing of deer in the county of
Screven.
A bill to incorporate the town of Sylvania and Scdrboro
in the County of Screven.
A bill to authorize the Inferior Cotirt of the county Of
Banks to submit the question of the location of their county
site, to the citizens of said county, and to have an election
held therefor, and for other purposes.
A bill to authorize the Ordinary of Baldwin county to
pay over to Sarah M. Candler, the sum of two hundred and
three dollars and ninety cents, for teaching poor children in
said county.
A bill to change the time of holding the Superior Court
of the county of Effiqgham.
A bill to authorize the Mayor of the city of St. Marys* to
hold special Courts' for summary trials in certain cases.
A bill to amend an Tact to incorporate the Orphans' Home
of the Protestant Episcopal Church, in Chatham county.
» A bill to alter and amend the claim laws of this State, and
for other pUtphses therein mentiohed.
A bill for the belief of Nehemiah Garrison of Cherokee
county, and for other purposes,
A bill to declare certain words actionable, and for otliej*
purposes.
A bill fo authorize the Inferior Court of Cobb county* to
levy an extra tax to build a jail in, said county, apd,for otjien
purposes.
A bill to Change the penalty prescribed in the .3d section
of an act entitled an act, to prohibit the sale 6f deadly wea¬
pons, and to prescribe the manner of carrying the same and
to punish for the violatioil of the same,*and to repeal an act
entitled an act to guard and ptotectflio citizens of thi^ State,
against the unwarrantable and too prevalent us6 of deadly
Weapons, assented to, the 25th Dec., 1837, approved 12th
Jannary, 1852, and for 'other purpose^.
170 JOURNAL OF THE HOUSE.
The following bills were read the second time and referred
+4 the Committee on New Counties, to-wit:
A bill to lay out and organize a new ccffinty from Deta •
tur and Thomas, and for other purposes.
A bill to change the line between Habersham and White
couftties, and for other purposes, and
A bill to change the line between the GOtmties Of Irwin
and Berrien.
The following bills were read the second time and refer¬
red to the Judiciary Committee, to-wit:
A bill to protect the holders of Rills of exchange or drafts
drawn and accepted, on account of shipments or transfers of
cotton and to punish those who fraudulently violate their
contracts of acceptance or misapply the cotton received by
them, or its proceeds,.
A bill to repeal an act entitled an act to regulate the tes¬
timony of Attorneys at Law, approved 21st Feb., 1S-50.
A bill to exempt from levy and sale one negro.
A bill to rai^e the salaries of Secretary of State, Comp¬
troller Central, Treasurer and Surveyor General to two
thousand dollars per annum, to increase the duties of Comp¬
troller General, and to provide compensation for the same
and for other purposes herein named.
A bill to facilitate the rendition of judgments against
Sheriffs and their Securities,
A bill to prescribe the manner in which Judges shall give
their charges to Juries.
The bill tp fix the compensation of Members, Officers and
Clerks of thfe General Assembly, was read the second time
and referred to the Committee on Finance.
The rules were? on motion of JMr, Lewis of Hancock, sus¬
pended, and the House took up the report of the committer
qn the bilL for the relief of John R. Mounce and another, qf
the county of Hancock.
The same was amended so as to strike out that portion
relative to John, R. Mounce, the title wTas so amended as to
Kead:
A bill for the relief of Virginia L. Hpwell, of the county
of Hancock
The report as amended was agreed? to, the bill was read
the third time and passed.
Leave of absence wasf granted Messrs. Sims, McCant of
Taylopand Williams of Clinch.
The following tills vpere read the second time and order¬
ed to be Engrossed, to-wit:
A bill to Incorporate Clayton High School, and for other
purposes,
FRIDAY* NOVEMBER 25th, 1359. 171
A bill to amend the charter of the American Atlantic
Sprew Steamship Coippany, granted 19th Dec.fr 1857, and to
nllow aq increase of me capital, stock 6f said Company.
A Wll to incorporate Gordon Grove No. 1, United An¬
cient Order of Druids, located in^the city of Savannah.
A hill for the relief of Jaines J. ijpnes* of the county of
Bibb, Executor ©f the last will and testament of James S.
Beadle, late of Dooly county, deceased, and for other pur¬
poses thefeiaa mentioned, and
4 A bill to protect landlords in the possession of their lands,
and for other purposes,
The Blouse then adiourned until 9% o'clock, A. M.*
Friday.
FRIDAY, NOVEMBER 25th, 1859.
The House met pursuant to adjournment.
On motion of Mr. Tatum, of Dade, so much of the Jour¬
nal of Wednesday, as relates to thq action of the flouse,
sustaining the veto of bis Excellency, the Governor, on thq
Bill for the relief of William P. Redwine, ,of the County
of Fayette, Was reconsidered.
iMr, Mullens, of Harris, was granted leave of absence for
tP few days on special business, and Messrs. McWhorter,
Heath, Bivins, Brantley, and Brown for to-day.
On motion of Mr. Broyles,'of Whitfield, the Bill for the
relief of Cornelius Hibberts, was taken up out of its or- "
der, rOad the second time, and committed for the third read-
ing.
Mr. Delony offered the following Resolution,* which was
taken up, read end agreed to ; to wit :
Resolved, That the Clerk of the House be authorized and
required to furnish a Clerk to the J udiciary Committee.*
The following Bills, &c., were reported ahd read the first
time, to wit:
Mr. Screven of Chatham reported,
A Bill to change the name of "The Mechanics Savings
Bankf' &c, &c.
Mr. Rartridge, of Chatham, reported,
A Bill to appropriate money to the Union Society, for
certain purposes therein named.
Mr. FlOming, of Cherokee, reported,
A Bill tp incorporate the Cherokee Manufacturing Com-'
pany, located in Cherokee County, Georgia, and to define
the rights, privileges, and powers of the samei *
Mr, Edmondson offered a Resolutipn, relative to tne es¬
tablishment of a mail* route from Albany, in Dpughtrty
172 JOURNAL OF THE HOUSE
County, vid'Moultrie, Pallaka, and Okepilco, to Quitrhan, in
Brooks County.
Mr. McCpmb of Baldwin,'presented the memorial^ of
Edward T. Ailing, which was read, and on his motion,
referred to the Committee on Finance.
Mr. Lockett, of Bibb, reported,
A Bilf to donate mohey fio the Reform Medical College at
Macon Georgia, and
A Bill to require the bailors in the several Counties of
this State, to advertise runaway slaves, in one of the pUblie
Gazettes published in Milledgeville, in certain cases.
Mr. Spjpyberry reported,
A Bill to allow, free persons of color in this State, to go
into voluntary slavery, or compel them to leave the State,
and for other purposes therein mentioned, and
A JBill to tepeal an Act entitled "An Act to guard and
protect the citizens of this State against the tmwarantable
and too prevalent use of deadly weapons. Assented to 25th
December, 1837.
Mr. Hardin, of CasS, reported,
A Bill to alter and amend the Sheriffs fees, in certain cases,
so far as relates to the County of Cass.
Mr. Heath, reported,
A Bill to exempt practicing Physicians from Jury duty,
a'nd to allow them to be examined by interrogatories.
The following Message was received from the Senate, by
Mr. West, their Secretary :
Mr. Speaker : I am directed by the Senate, forthwith to
inform the House of Jtepresentatives, that they have
'agreed to a Resolution, in relation to the address delivered
by the? Rpr. Dr. Higgins, on "Thanksgiving Day," in which
they ask the concurrence of the House.
The same was, on motion, taken up, read and concurred
in.
Mr. Keeling, reported,
A Bill to authorize the Ordinaries of Habersham and
White counties, to pay teachers of the poor children, taught
the previous year, lg57.
Mr. Mintz, reported,
A Bill to confer additional powers upon the Justices of
the Inferior1 Courts of the several Counties of this State,
and for ot^ eh purposes.
Mr. Key of Jasper, reported,
A Kill to amend the $th Section of an Act passed on, the'
27th January, 1852, entitled an Aetmore effectually to pre-
v$ht fraud in elections in this* State, and to detect and pun¬
ish the same,
Mr. McDonald of Lumpkin, reported,
A Bill to exempt from taxation certain persons, .and for
bther purposes.
•FRIDAY, NOVEMBER 25th, 1859. 173
Mr. Lumpkin of Clark, reported,
A Rill to incorporate a Volunnteer Corp#©f Artillery, in
the Town of Athens, and to grant unto it certain privi¬
leges.
Mr,. Hartridge, reported,
A Bill to appropriate moneys to aid in the erection of a
monument to the memory of General James Oglethorpe.
Mr. t)elony, reported, *
A Bill to declare the Laws in regard to to deeds of land,
made during adverse possession ;
A Bill to. change the name "of "The Southern Central Ag¬
ricultural Society ^ and appropriate money for the benefit of
the same, and
A Bill to protect the property of persons owning farms
adjoining the town of Athens.
Mr. Cullens of Clay, reported,
A Bill to incorporate a Volunteer Military Company,. In
the town of Fort Gaines, and to confer upoh it* certain
privileges, and
A Bill to authorize the Ordinaries of this State to im¬
pose administration of unrepresented estates upon the Clerk
of the Superior, or Clerk of the Inferior Court, without
requiring additional Bond, Where no competent person
Will take such' administration.
Mr. Ragsdale of DeKalb, reported, ^
A bill to exempt practicing Physicians from professional
tax, and for other purposes.
Mr. Ifiy, reported,
A Bill to provide hoW fines and forfeitures, in criminal ca¬
ses, shall be received and disposed of, and for other pur¬
poses,,
Mr. Fain of Qilmer, reported,
A Bill to incorporate th,e Calhoun and Ellijay Turnpike
Company, and to confer certain, powers and privileges on
ttip same.
Mr. Smith of Hall, reported,
*A Bill to provide for the payment of poor children in
the County of Hall.
Mrf Hockenhull presented a Resolution relative to a
change in the mail line between Cumming and Dahlonega.
Mr. Tapley, reported,
A Bill to reduce the work on roads in the County of
Johnson, and
A Bill to reduce the Sheriffs, Bond of the County of
Johnson.
Mr. Harrington of Liberty, 'reported,
A Bill to endow Florence E. Winn, a minor of Liberty
Coun,ty, Georgia, with all the rights and privileged of ma¬
jority, together With a petition.
Mr. Fortner of Wilcox, presented a Resolution relative
174
JOURNAL OP THE HOUSE.
to the establishment of a mail route from HawkirrsvilleT by
the way qP Abbeyville, to Irwinville, &e., &c.
The House tpok up and agreed to the following Resolu¬
tion of Mr. Tuggle, to wit:
Revokes}, That the House of Representatives will not re¬
ceive any new business in this House, after the 2Sth day of
this inst., unless two thirds of the members present shall
determine otherwise. *
Oft motion of Mr. Sprayberryr the Bill for the pardon of
Thomas C. Whitworth, of the County of Chattooga, now
under sentence of death, for the crime of murder, was taken
hp out of its order, and read the.second time, and ordered
to be engrossed.
,Mr. Pain of Union, reported,
A Bill for the relief Johnson P. Wellborn, of the Coun¬
ty of Union.
Mr. Eumsden of Talbot, reported,
A Bill to exempt from,Taxation, certain property.
Mr Holden of Taliaferro, reported,
A Bill to provide for the paying of officers, presiding at
the polls, in elections, hereafter to beheld in Taliaferro
County, and for ofher purposes.
Mr. Dixon of Muscogee, Reported,
A Bill to legalize the marriage of John G. MqMichael,
with Elizabeth Ethridge.
Mr. Price of Pickens offered the following Resolution ?
Resolved, by the Senate ayd House of Representatives, in Gen¬
eral Assembly 'met, That the Senators and Representatives, of
this State, in Congress, be required to use their influence to
procure a two horse hack line from Elijah, Jasper, Pickens
County, to Ball.Ground, thence to Canton, Cherokee Coun¬
ty, and back to the starting point, twice a week, and that
his Excellency the Governor, furnish them with a copy of
this Resolution, on its passage-
Mr. Daniel of Jackson, reported,
A Bill for the relief of Joseph White, of the County of
Jackson.
Mr* Qibson of Richmond, reported,
A Bill to prevent the killing of game, birds, &c., in Rich-
mona County.
Mr. Brinson of Jefferson, reported,
A Bill to authorize the Chairman and Commissioners of
the town of Louisville, to tax free persons of color, retail¬
ers of spirituous liquors, Billiard Tables, Tenpin Allies,
Showmen, Itinerant traders, hawkers, pedlers, &c., find to
impose an extra tax, upon the citizens of the town, and for
other purposes,
bfr. Cook of Early, reported,
A Bill to add an additional section to the first article of
the Constitution of this State.
FRIDAY, NOVEMBER, 25th 185,9.
Mr. Hackett of Bibb, reported,
A BUI to exempt negroes employed by contractors in
the construction of Rail Roads from "liability to work on
roads, on certain conditions.
Mr. Lumsden of Talbot, reported,
A Bill to enforce the Road Laws of this State.
Mr. Howell of Milton, reported,
A Bill to discharge William Rogers, of the County of
Milton, from 'the trusteeship of the property of Mrs, Ann
C. Lenoir, and her children, and to- vest the said trusteeship
in John W. Lenoir, the husband # of Ann C. Lenoir, and
father of said children, and for other purposes.
Mr. Pitts of Macon, reported,
A Bill to add another section to the seventh devision of
the Penal Code of this State, and for other purposes there¬
in mentioned.
Mr. Hutchins of Polk, reported,
A Bill to extend the time of the Cherokee VoTunteers to
present their claims, and 10 authorize the payment of
claims for rations and forage, furnished to Capt. Witcher's
Company, in 1838.
Mr. Dixon of Muscogee, reported,
A Bill to define and limit the power Qf municipal cor¬
porations of this State, and for other purposes therein men¬
tioned, and
A Bill to reimburse the heirs of William Oliver,*for a sum
of money by him paid out and expended for the sob
diers in the Indian War of* 1835, and 1836.
. Mr. Anderson of Bibb, reported, •
A Bill for the relief of John H. Bartlett, and Lucinda
tEllis, of the County of Bibb,* and to legalize their mar¬
riage.
Mr. Norwood of Troup reported,
A Bill to alter and amend the Charter of the city of
West Point, and for other purposes.
Mr. Anderson of Bibb reported,
A Bill to authorize Whitwell Home, of the County of
Bibb, to practice Medjcine, and to charge and collect com¬
pensation for the same.
Mr. Mitchell of Pike, reported,
A Bill to amend the tax laws of this State, and a bill for
the relief of M. C. Goodwyn, of the CoUnty of Pike.
Mr. McCombs of Baldwin, reported,
A Bill to appropriate money to build a State Library.
Mr. Horsley of Upson, reported,
*A BiH to provj.de for" condensing decisions of the Supreme
Courts of Georgia, and to authorize the Judges thereof to
pass upon the merits of chses.
A Bill to repeal an Act to prescribe certaiii rules and
176 JOURNAL OF THE HOUSE,
regulations, to-be observed by tbe several Rail Road com¬
panies in running Engines upon their respective tracks, and
to annex af penalty for the violation of the same, approved
January 22nd, 1852, and,
A Bill to authorize the Governor in the name of this
State, to endorse the coupon bonds of "the* Thomas-
ton and Barnesville Rail Road Company," for the amount,
and On the conditions in said act mentioned.
Mr. Henderson of Newton, reported,
A Bill to regulate the payment of the common or poor
school fund, for the County of Newton, and to require the
Teachers of said County, to be examined by a Committee,
appointed by the Inferior Court of said County, and to au¬
thorize the Inferior Court of said County to prescribe
such qualifications of teachers as they may deem of public
interest, and for other purposes.
The House went into a Committee of the Whole, Mr.
Fannin pf-Morgan, in the Chair, on the Bill to appropriate
money to defray the expenses of the Pupils Of the Georgia
Academy for the Blind, and to provide fifrniture, Apparatus
and books for said Academy.
After some time spent therein, the Committee and
through their Chairman reported the same back to the
House without amendment.
The report was agreed to. The bill was read the third
time and passed,.
The House went intd a Committee of the Whole, Mf.
Fannin of Morgan in the Chair, on the Bill to organize a
Law Sphool, in connection with the University of Georgia,
and to provide a Library for the same.
The Judiciary Committee offered -as a substitute for the
sapie. A Bill to incorporate the Law School of Joseph R.
Lumpkin, Thomas R. R. Cobb, and Wm. H. Hull, in thft
«town of Athens, and for other purposes.
The substitute was adopted. The report thereon was
agreed to. The Bill was read the third time, and passed.
The House went into a Committee of the Whole, Mr.
Fannin of Morgan in the Chair, on the Bill to appropriate
money for the erection of a Turn Pike and Bridge across
the Alapaha, near Irwinville, on the Road from Jackson¬
ville, Telfair County, to the town of Albany. After some
time spent therein, the Committee rose, and through their
Chairman, reported the same back to the House without
•amendment.
^ The report was agreed to. The Bill was read the third
time, hnd there being 57 yeas, and 57 nays upon the ques¬
tion of its passage, the Speaker gave the casting vote in
the negative, and the Bill was therefore lost.
The House took up the report of the Committee on, the
FRIDAY, NOVEMBER 25th, 1859. 177
Bill to efeate and lay off a neiy Jiidiciai Circuit, to be Galled
Hiwasse Circuity &,c.
Certain amendments were proposed by the piover^ and
received. The report as amended was agreed to, The
Bill was read the third timd, apd on the question ©fits pas¬
sage Mr. Smith of Towns, required, tfye yeas ahcf nays to be
recorded.
There^were yeas 49. Thete wete nays 67.
Those who voted in the, affirmative are Messrs :
Allan, Henderson of WdrthParks,
Howell of Milton, Register",
Render,
Baugh,
Broyles, Hutchins,
Bruton of Forsyth,Irwin, ,
Brewton of Tatt-Johpson,
Jones Of Rabun,
nail,
Cock,
Colvard,
David,
Delciny,
Earle,
Edmondson,
■£iy» ,
TjTain of Gilmer,
Fai,n ofTJnion,
Fortner,
Glass, -
Graham,
Richards,
Scrpven,
Sharpe,
Smith of Coffee,
Keeling,
Knowles,
Knox,
Lockett,
Maysy
McComb,
McDonald of Lump-Tatum,
kin, West,
McDonald of Mur-Wicker,
ray, Wofford,
McRea, Yotrn
Nobles,
Smith of1 Hall",
Smith elf Towns,
Socltwell,
SprhyheiTy,
Sweat,
Those who toted in the negative are Messrs :
Alexander, Fannin of Morgan,HuTst,
Anderson, Farpell, Jones of Mitchell,
Rarksdale, Finney, Kelly,
Blakey, Gibson of Warren,Key,
Brantley, Goodman, Lester
Brinson, . Green of Cobb, Lofton,
Brown of Houston,Grovensteine, Lumsden,
Cason? Harper of Henry, Martin,
Clark of Elbert, Henderson of New-McCrairy,
Clark of Monroe, ton, McEver,
Coleman, Herringtdn, McG^r,
Conley, Hicks; McLendon,
Cook, Hogans, McWhorteiy
Daniel, Holland, Mintz,
DeLamar, Holloman, Mitchell,
Dixon, Hopkins, Morris,
Eberhart, Horsley, Mullens,
Ector, Howell of Lowndes,Norwood,
12
m jolftinal of th!e house.
Perry, Selmatg t Vaughn,
Pilcher, ftnrith of Twiggs, Ware,
Pitts, Stewart, ♦Whaley,
Presc'oit, Strickland, Whittle^
Price, Tapjey, Willianls of Clinch,
Jfagsdule, Terrell, Wilson,
Reeder, Tuggle,
So the Rill was lost.
The House took up the report of the Committee on the
Bill to change the times of holding certain elections.
The Judiciary Cotamittee reported as a substitute there¬
for, a Bill to alter and amend the 3rd Section of the 1st Ar¬
ticle, and the 2nd Section of the 2nd Article of the Con¬
stitution of this State, <fec.
The substitute was adopted. The report thereon was
agreed to. Tfe Bill was read the third time, and a rote of
two thirds being necessary to its passage, the yeas and nays
were recorded on the same.
TheredrC yeas 124. There are nays 4.
Those who voted fn, the affirmative are Messrs:
Alexander, Edniondson, Hurst,
Allan, Ely, Hutchins,
Anderson, Fain of Gordon, Irwin,
Barksdale, Fain of Union, Johnson,
Baugh, Fannin of Morgan, Jones of Mitchell,
Biakey, Fleming, Jones of Rabun,
Bivins, Finney, Keeling,
Brantley, Fortner, Kelly,
Brinson, Glass, Bey,
Brown of Houston,Gibson of Warren, Knowles,
Brown of Sumter, Goodman, Knox,
Broyles, Green of Cobbj , Lester,
Clark of Libert, H arper of Henry, Lockett,
Clark ol Monroe, Heath, Lofton,
Cock, Henderson of New-Lumsden,
Colvard, ton, Martin,
Coleman, Henderson of WorthMays, 1
Conley, Herrington, JNIcComb,
Cullens, Hicks, MeCrairy,
Daniel, Hockenhull, McDonald of Lump-
David, HoganS, kin,
DeLainar, Holden, McDonald of Mur-
Delony, Holland, ray,
Dixon, Holloman, McEver,
Eurle, Hopkins, McGar,
Eberhart, Howell of Lowndes,McLendon,
Fetor, Howell of Milton, MoRea,
FTOUY, NOVEMBER 25th, 13-59.
179
Mr\Vhnrter, Richards, Tliraslier,
Mitchelfi Rosief, Tuggle,
Morrfs, Screven, Underwood,
Mullens* Selman, Vaughn,
^nbles, Huiitli of Coffee, Ware*,
Parks, Smith of tl all, West,
Pattoh* Smith of Towns, WJhaley,
Perry, Smith dfi Twiggs, Whittle,
Pilchei) Sockwelt, Wicker,
Pitts, Sprayberfy, Williams of Clinch,
Prescott, Stewart, Wilson,
Price, Strickland, Wbffprd,
Ragsdale, Sweat, W prley,
Register, Tapley* Ypung,
Reeder, fatum,
Render, Terrell,
Those who voted in the negative are Messrs :
Bruton V)f ^Forsyth, Fain'of of Gilmer, Mintz,
Brewton of Tattnall,
So the Bill Was passed.
On motion of Mr. Lester^ the Senate Resolution relative
to the appointment of a Joint Committee, to Consider and
report the propriety of establishing an Armory in this
"State,, for the manufacture of Anns, &c., was fakpn up and
'concurred in. The Speaker appointed on the part pf the
House, Messrs. Lester, Ely, Brpwu of Sumter, Hardin, and
jVIcWlmrter.
The Hopsetook up the report of the Committee, on the
Bill to prescribe the numberpf continuances tpbe granted
in civil cases, in the Superior Courts of this State, and to
regulate the grafting of the same, and for other purposes.
The same was amended, and on motion indefinitely post¬
poned.
The following message was received from the Senate by
Mr- West, their Secretary*
Mr. Speaker: I am instructed by the Senate forthwith to
igform the House of Representatives, that they have pass¬
ed a constitutional majority, over the Yeto of his Excel¬
lency the Governor ^ "An Act for the relief of Amy Clark,
from certain disabilities therein -mentioned,"
They hate also passed a Bill to he entitled "ah Act to ex¬
tend the Charter of the Planters Bank of thp State of
Georgia, and for other purpose^ therein named.
And h&ty agrppd to a Resolution appointing a Commit¬
tee of three to join a Comnfittee of the House of Repre¬
sentatives, to fake into consideration the propriety and ne¬
cessity of establishing in this State an ArmPry, for thp m^n-
180 JOURNAL OF THE HOUSE,
ufacture of Ordnance, in which they ask the concurrence
of the House.
Mr. David, from the Committee on Enrollment* reported
as duly nriroljed, ancl signed by the President of the Senkte,
and ready* for the signature of the Speaker of the House of
Representatives, a Resolution in relation to the purfchas© of
fire-arms. # ,
AI^o, a "R esolution relative to the Rranch Mint at Dahloi-
ega.
The House went into a Committee of the "Whole, Sir,
IVTcWhorter-in the Chair, on the Bill for the relief of the
Union Branch Rail Road Company, an d for other purposes.
After some time spent therein, the committee rose, an,d
through their Chairman reported the same back to the
Hohse without amendment.
The report wafe agreed to. Pending discussion ou the
same, House adjourned Until 3 £ o'clock P. M.
31 O'CLOCK Ik M.
The House met pursuant to adjournment.
Leave of absence was granted to Messrs. Lumpkin of.
Clarke, Greene of Houston, and Joyner of Miller, for a few
days on special business.
The unfinished business of the morning was resumed;
to-wit: the question as to the passage of the Bill
for the relief of the Union Branch Rail Road Company,
and for other purposes. The Bill was lost.
The following message was received Rom the Senate by
Mr. West* their Secretary.
Mr. Speaker: The Senate have passed a Bill of the
House of Representatives, to be entitled an Act, to au¬
thorize the administrators of William Q. Anderson, dee'd.,
and Thomas Favor, dee'd., to sell the real estate belonging
to said estates, and for other purposes, with amendments,
in which they ask the concurrence of the House.
The Senate have appointed Messrs. Hutchins, Hdlt, and
Cone, as a Committee on the part of the Senate, to join the
Committee appointed by the House to take into considers
tion the propriety of_ establishing an Armory in this State.
The House on, motion took up hqd concurred in the Sen¬
ate amendments to the Bill of the House, relative to the
administrators of Wm. Q. Anderson, deceased, and Thom¬
as FaVor, deceased*.
The House took up the report of the Committed on the
FRIDAY, NOVEMBER 2Sth, 1859, 18<
Bill to chkhgb tbfi line between fbe counties of Coweta and
Heard. The same was am elided.
The report as amended Was agreed to. The Bill was
read the third time and passed. *
The House took up the report of ihe cWmittee on the
Bill to change the line between the cotmties of Thom¬
as' and Mitchell, $o as to include tfle residence of
E. H. Taylor, of the county of Thorn as, within the conilty
jof Mitchell.,
The report was agreed to. The Bill, was read the third
time and passed.
The House took up the report of the Committee on the
Bill to alter and change the County lines between the boun¬
ties Of Glasscock, and Warren ; and to change the resi¬
dence ojf Richard H. Clark, from the county of Glasscock,
to the county of Warren, and for other purposes.
The same was amended. The report as amended was
agreed to. The Bill was read the third time, and passed.
The House took tip the report of the Committee on the
Bill tq, add a Section to an act incorporating the town of
Athens, in the County of Clarke^ The same was amended.
The report as amended Was agreed to. The Bill was
read the third time and passed.
The House took up the report 6f the Committee on the
Bill tp add a part of the county of Gilmer to thd -county of
Tannin, and for other purposes therein mentioned*. The
same was amended.
The report was agreed to as amended^ The Bill was
j-ead the third time and passed.
The House took up the report of the Comtnittee on
the Bill to incorporate the town of Quitman in Brooks
county, and for other purposes. *
The report was agreed to. The Bill was read the third
time and passed.
The Hop.se took up the report of the Committee to
the Bill to change th.6 lines between the cdunties of Warren,
and Glasscock, so as to include the residences of certain
persons in the county of Warren.
The report was agreed to. The Bill was read the. third
time and passed.
The Senate Bill for the relief of Amy Clark from certain
disabilities therein mentioned, which failed to receive the
Executive sanction and whicli had. been passed oVef the
ketd by a constitutional majority was, on motion of Mr.
Terrell of Decatur, taken up out of its order*. The yea®
and nays ^vere recorded on the passage of the Same.
TUeije were yeaS 76. There were nays ^4.
JOURNAL OF 'THE HOUSF-
Thpse who yoiediiTtlie affirmative $r& Messrs jf
Alexander, Greene of Cobb. Mullens'
All^n, Grovensteine, Nobles,
Anderson, . Harper pf Henry, Norwood,
Baugh, Harris, Patton,
piakey, Heath, Ferry,
Bivinb", Henderson ofNew'nP i Icher,
Brantley, Hergington, Pitts,
jBiplspij* Hogans Prescott,
Brown of Smater, Hotloman Price
Brntqn of Forsyth, Hopkins, Reader,
Brewton of TattnallHorsley. Richards,
Cason, ' Hp well of Lowndes,Screten,
Clarke pf Monroe, Howell of Milton, Selman,
Cock, Hurst, Sharpev
Colvard Hutehins, Smith- of Coffee
Cdlemap, Johnson, Smith of Towns,
Conley, Jones of Mitchell, Smith of Twiggs,
Cullens Keeling, SockweH,
Daniel# Kelly, StpWurt^
David* f Key> Stricklauid,.
Belony, Kpowles, Sweat,
Bixon, Rnox, Tatunr,
Ector* McComb, Terrell*
Edttiondspn, .McCrairy, Thrasher,.
Ely, McDonald of Lump-Underwood,
Fain Of Gordon, kii\, Wate,
Fannin pf Morgan# McDpnild of Mur-Whaley,
Fannin of Troup, ray, Whittle.
Farnell, MrGar„ Wicker,
Finney,, McLendon, Wjlliams of Clinch,
Glass,, MpWhOrter, Wilson,
Gibson of Warrpn, Mitchell, Wofford,
Graham, Morris, Young,
Those whq voted in the negative, are Messrs.:
HrPy^es Goodman, MeEver
Cook, Hipks^ Ragsdale,
DeLaniar, Hockenhull, RegistAik
Earle, Hofland South of Hall,
Fberhart, Jones of Rabun Toggle,
Fain of Gilmer Letter, Vaughn*
Fain w Ho ion, Martin,, West
Fleming, Mays, Wprley,
The Bill (received a constitutional ^fote, And was fhere-
fofe passed over the Executive yetch
Mr. Williams Af Miiseogee, reported the Bills,
which were read ihh first time 5 to -wit *
SATURDAY, NOVEMBER 2Cth, 18-59. 183
A Bill to compensate James Etamilton, for services rem
dered tliis State, as Commissioner and Surveyor, in 1856,
and,
A Bill for the relief-of Wm. Rankin, of the county of Mus -
cogee. *
Mr. Harsely reported,
A Bill fo provide fpr the issuing of summary am,! conir
pulsary process, for witnesses jri all criminal causes in this
State, upon the conditions therein named.
Mr. Lester of Cobb, offered, the following Resolution,
which was taken up, read and adopted ; to wit:
•Whereas, a Resolution, alleging that the Hon. Robert Y.
Hardeman, noyT Judge of the Superior Courts of the Oc-
mulgee Judicial Circuit, is laboring under an affliction of
Providence, which renders him physically and 'mentally in-
pompentent to discharge the duties of hjs office, and asking
an address to the Governor for his removal front office, has
been referred to the Committee on the Judiciary.
And whereas, the subject is one of seriousness ancTimpom
tance, and ought to be proceeded in, with due forn,* and
solemnity. Be it therefore,
Resolved, That the said Committee on the Judiciary, have
*ful\ power fo1 send for persons an^l papers, and $wear and
examine witnesses, in relation to the subject matter of said
resolution, in order that a full and proper report may be
made in the premises.
On motion of Mr. West of White, the House adjourned
until 9 £ o'clock A. M., to-morrow.
Saturday, November 26, 1853.
The House met pursuant to adjournment.
Mr. Young, of Irwin, moved to re-consider so much of
the Journal of yesterday as relates so the rejection ol the
bill to appropriate money for the erection of a Turnpike,
across the Alapaka, near frwinyille, on the road from Jackr
sonville, Telfair county^ to the town of Albany.
Upon this motion,
Mr. Young required the yeas, and nays to be recorded.
There are yeas 4,7. There are nays GO.
m JOURNAL OF THE HOUSE.
Those who toted in the (affirmative are Messrs.
Baugh, Harris, Richards,
Brutpn 6f Forsyth, Henderson of WorthScreven,
Brewtom of Tattnall Hockenhull,
Casph,
(Cook,
Delamar,
Edmondson,
.
Faih of Gilmer,
Fain, of Gordon,
Fain o£ Union,
Farnell,
Fortnef,;
Gay,
Glass,
Graham,
Heeling,
KnowleS,
KnoX,
Lester, '
McComb,
McGar,
McRea,
Nobles,
Perry,
Prescott,
Price,
Ragsdale,
Register,
Sharpe,
Smith of Coffee,
Smith of TownS,
.Sweat,
Tapley,
Tatum,
Thrasher,
Williams of Clinch,
Williams of Mtiseo-
gee,
Wilson,
Wofford,
Young,
Those who yoted in, the negative, are Messrs.
Alexander,
Allan ?
Anderson,
Barksdale,
Blakey,
Bivins,
Brantley,
Goodman,
Green of Cobb,
Grovensteine,
Darper of Henry,
Heath,
Henderson of New- Mintz,
McDonald of Mur¬
ray,
McEver,
McLendon,
McWhorter,
ton,
Brown of Houston, Iierington,
Brpwn of Sumter, Hicks,
Broyles,
Causey,
Clark of Monroe
Colvard,
Coleman,
Conley,
<Cook,
Cullens,
Daniel,
David,
Delqny,
Dixon,
Earle,
Eberliart,
Echols,
Ector,
Mitchell,
Norwood,
Parks,
Pilcher,
Pitts,
Reeder,
Render,
Rozier,
Smith of Hall,
Smith of Twiggs,
Sockwell
Sprayberry,
Hogan^,
Holden,
H olland,
Holloman,
Hopkins,
Horsley,
Hurst,
Hutckios,
Johnson,
Jones, of Mitchell, Stew'art.
JoneS of Rabun, Strickland,
Nelly, Tuggle,
Key, Underwood,
Lockett, Ware,
Lofton, Whaley,
Lumsden, Whittle,
Fannin of Morgan, Martin, Wicker,
Fannin of Troup, McCrafry, Worley!
Fleming, McDonald of Lum-
Finney, kin,
So the motion did not prevail.
SATURDAY, NOVEMBER 264H, 1&59. 185
On motloq of Mr. Smith, of Towns, sot much of the Jour¬
nal. °f yesterday was re-considefed, as relates to the rejec¬
tion of a bill to create and lay out a new Judicial Circuit,
,*to be called Hiawassee Circuit, &c.
Mr. Ector reported a bill to change the Jine> between th£
counties of Talbot and Meriwether, whicb was .read the first
tinfe. ,
The bill to lend the Bonds of the State to M^aflv A* Coo¬
per, which was the 'special order for to-day, was,
On motion of Mr. Harris, of Glynn, laid on the tableysub¬
ject to the <pll of ^hemovet, Mr* Lewis, of Hancopkj
Mr. Tatuto, >vith unanimous consent, withdrew from the
further consideration of the House, a bill to alter apd amend
the 3rd and 7th Sections of the 1st Article of the Constitu¬
tion.
Mr. Price, of Pickens, with the unanimous consent of the
House, withdrew a bill to alter and amend an act to alter
and amend the 12th Section of the 1st Article of the Con-,
stitution of this State, approved Dec. 21st, 1857, so as to
makef the election of members of the General Assembly
annual. ^
0*n,motion of Mr. Delony, two huncTrdd copies each, of
the evidence in the case of Thonjas C. Whitworth, and John,
Fhndy, Were ordered to be printed for the- use,of the House.
The House toqk up the report of the committee on the
bill to alter aild amend the 35th Section of the 14th Divis¬
ion of the Penal Code.
The report was Agreed to, the bill was read tbe third tifne
and passed.
The House went into'Committee of the "Whofe,, M^* Mc_,
Whorter in the Chair, on the bill t<* compensate Dr. "Wil
liam Z- Cock, of the county of Early.
The Finance committee proposed an amendment which
was received.
The .committee then rose and reported the s&mc back Jo,
the House? with the amendment. ,
Vhe report was agreed to, 'the 'bill was read the third
£ime and lost.
Mr. David, from the committee of enrollment, reported as
duly enrolled and signed by the President of the Senate, and
ready for the signature of the Speaker of the House of
Representatives.
A resolution returning the thanks of the General Assem¬
bly to the Rev, S. H. Higgins, D. D., for his very appropri¬
ate, impressive and eloquent discourse, on " Thanksgiving1
Day," and to solicit the same for publication, &c.
The following message was recdivdd from the Senate, by
jfringlc, their Secretary pro dc?n*
JOURNAL, Oi? THE HOUSE,
Mr. SpcrtltbV: The S<*pai:e hds granted leave of absence to
Mr, Wefct, their SeWtary^for.a.fewAays, and have appoint¬
ed Jaihe^ A- Hrin^le, Esq., their Secretary pre tern.
They have also passed a frill to be entitled an act to jnhkls
valid all letter^ of Administration heretofore granted hv the
Courts of £)rdihary of tjhis Stafd^ where written notice eff
suqh, application has not been givett at the Court House
(floor, pfhhpb. county, as required by law. _ ,
Also aloill to be entitled an act to chahge the time of hold¬
ing the general elections in the State, and for other pnrpe-
The House took up the report of the committee op the
bills relative to iinprisOimient' for debt".
The committee on the Judiciary reported a§ a Substitute
(for the Vayious bills .on this Subject, a bill to alter and amend
ah hct entitled an act to abolish imprisonment for 1 ffit, oh
certain conditions. &c., assented to* Dec. 11th, 1S»W.
The same was acLOpted^the report thdreon agreed to.
The bilf Was read the third time, and pn the question!' of
its passage, the yeas and nays were required to be recorded
There are yeas 118, there are nays 1-5.
Those who voted in the affirmative hre Messrs:
Alexander,
Allans
Anderson,
Barksdale,
Baugh,
B'lakey,
Bivins,
Brantley,
Brinson,
BroWn of Houston,
Brown of Sumter,
Breton pf Forsyth,
BiVvvtoh of 'Tatt¬
nall,
Otson,
Causey,
Chlvard
Eoleniah,
Conley,
(look,
Culled,'
Danipfr
David,
DeLamair,
Dplauy,
Dixon,
EarlO,
Eberhart,
Efehols,
Ector,
Edmondson,
Ely,
Fain of Gordon,
Fannin of Troup,
Fleming,
Finney,
Fortner,
Glass,
Gibson, of Rich¬
mond,
Gibson of Warren, Ivey,
Goodman^
Graham,
Green of Cobb,
Grovensteih,
Harper of flenry,
Harris,
Heath, „AU-i UiJ
Hfmder&op ofwTtfrjAEa^
Herrington,
Hockemmlk
Hogans
Holden,
Holland
Hopkins,
Horsley,
Howell of Lowhdek
Howell of Milton,
Hurst,
Hiltchins,
Irwin,
Jones of Mitchell,
Jones of Kaburn,
Keeling
Kelly,
Iynowles,
Knox,
Lester,
LoOketf
Lofton,
Lumsden/
Martin,
SATURDAY, HQYRJilEER 2Gm iSffff. 1ST
JlctVurib, Ragsdale, Thrasher,
Mt Grary, Renter, Tuggle,
McLendon, Feeder,, Underwood
MvReu, Render, * Vaughn,
' MeWhorter, Rosier, TVTafe, ^
Mitchell, Screven West,
J^obtes, Smith pf Coffee, WhMey
Norwood, Smith-of Twiggs, Whittle
Parks, , Sockwell, Williams of Clinch*
Patten* Sprayberry, Williams of MusCd-
Ferry, Stewart, gee,
Pitts, Strickland, Wilson,
Prescoip, Tapley, WorlOy,
Price> Terrell,;
Those who voted in the negative are Messrs ;
Broyles Johnson, Pilcheiy
Pain of Gilmer, McDonald of Lump-Richards,
Fain of Union, kin., Smith Of Towns,
Fannin of Morgan, McDonald of Mur- Tatum,
Farnell, * ray,
ptenderson of Ne,w-McEver,
ton, Mintz,
Sp the substitute wag passed.
The "following minority report of the Judiciary commit¬
tee was read and ordered to be placed upon the Journals,
to wit:
phe* majority committee, to whom was referred the bill to
amend an act entitled an act to abolish imprisonment for
debt, On certain conditions therein set forth, assented to,
Dec. 11, 1858, having reported in favor of the passage of the
same, and the minority committee having the same under
consideration, beg leave to dissent from said report, and
submit the following reasons:
First y The Constitution provides,' that the pefsoii of 0
debtor, when there is not strohg presumption of fraud,
Shall not be detained in prison, after delivering, bona fife,
■pH his estate real and personal, for the use of his creditors,
in such manner as shall be hereafter regulated; the minori¬
ty committee would therefore ipogt respectfully submit,
that if it is consistent with the received, opinion and practice
of the profession, in criminal cases, mnch fesg, in civil cases,
to presume fhat a person is guilty of fraud until it is made
to appear by evidence, jTet in the case under consideration,
the majority committed' would assume fraud without any
evidence being submitted to induce that conclusion, when
the Constitution expressly dpclajrejs no person shall he de-
159 JOtmlTAL OF THE HOUSE.
Your committee would therefore insist that a strong pre¬
sumption ef fraud, can <ordy he macle manifest by affidavit of
th,e party rebiitting the received idea of innocence,, until
the Contrary appears. The majority committee iecom-
mend the repeal of sO much of the present daw, as requires
a plaintiff to,sWear that he believes the defendant has prop¬
erty, other than that exempt by law, and shall particularly
describe said property. The minority committee do hold
that an imputation of fraud cannot be implied, but must be
proven, and that proof of it cannot be made, unless it be
by* evidence of fraud, in secreting or withholding some par¬
ticular article, or articles, (not exempt,) from levy and sale,
nor do we believe a strong presumption of fraud can exist,
unless it is made to attach to some particular article Or arti¬
cles of property that are subject to levy and sale. The mid
nority committee for these reasons would therefore dissent
from the report of the majority and recommend that the
bill do not pass.
The. bill to authorize the removal of Trustees, and for
other purposes, and the hill to amend thb 6th Article and
1st section of an act passed the 27th of December, IftyS,
were, *on motion, indefinitely postponed.
The HOuse. took pp the report of the committee on thehill
to copipef Trusees in certain cases thererin mentioned to
make annual returns to the Ordinaries of the Several coun¬
ties in this State.
^ The report was agreed to, the bill was read the third
time and lost.
The House went into Committee of the Whole, Mr.
Mintz, of Jacjkson in the Chair, on the hill to incorporate*
Trenton Academy, to appropriate money for the same, and"
for other purposes. After some time spent therein, the
committee rose, and. through their Chairman reported the
same hack to (he House, without amendment.
The report was agreed to, the1 bill was read the third time
aiid passed.
The House took up the report of the committee on the
bill to repeal an act entitled an act to regulate testimony of
Attorneys at Law.
The Report was agreed to, the bill Was read the third time
and passed-
Tfie House took tip the report of the committee ou the
bill to facilitate the taking of cases to the Supreme -Court,
by Executors, Administrators, Guardians, &c.
The report was agreed to, the bill was read the third
time and passed^
SATURDAY. NOVEMBER, 26TH, 1&5& m
T,he House took uptthe report of the committee on the*
bill to< change the county lines between thp counties- ofWare,
PierCe $ud *Qoffee.
The same was, on motion of1 the mover, amended, by
striking out the last section thereof. .
The reporf as amended was agreed to, the bill Wat read
the thirp time and passed.
Thb House took up the report of the committee On the bill
to amend an act ehtitled.an act to amend the Rent Laws of
this State, approved December 24,1827, and
Also an act entitled an act to protect the owners of lands
or tenements against intruders, and to provide a remedy for*
land owners in certain cases. Approved Feb. 14, 18-54.
The report was agreed to, the bill was read the third time
and passed.
The House went into Committee of the Whole, Mj\ Mp-
Whorter in the Chair, on the bill for the relief' Of Arthur
Haire, of fhe county of Cass.
After some time spent therein^ the committee rose, and
through their Chairman reported the same backdo the House
without amendment.
Thp report was agreed to, the.bill-was read the third time
and passed.
The House took up the report pf the committee on tho
bill tcr alter and amend the 2nd Section, of an act,* approved
January 21st, 1852, and for other purposes therein anenr
tioiled. 1 *
The report was agreed to, the bill was read the thirp
time and passed.
On motion of Mr. Delony, the Bill to facilitate the rendi¬
tion of fugitives from justice, was referred to the Judiciary
committee.
The House went iuto Committee of the Whole, Mr' Mc-
Whorter in the Chair, on the bill for the relief of Francis*
Daniel, (Sheriff of the county of Dade.
The committee reported the same back to the House
without amendment.
The report was agreed to, when,
On motion of Mr. Lester, the bill was referred to the com¬
mittee on Finance.
Th,a House took up the report of the bommittee on the
bill to protect the possession of lands in the county of Charl¬
ton, &c.
Tim report was agreed to, the bill was read the third time
and passed.
Mr. David, pf the committee On enrollment, reported as
duly enrolled and signed by the President of the Senate, and
ready for the signature of the Speaker of the House of Rep¬
resentatives, an act for the relief of Amy Clark from cer¬
tain disabilities therein mentioned, which was passed over
190
JGtTRKAR OF THE AIOTJ.SE.
the veto of His Excellency the Governor, by d Constitution¬
al 'majority.
Mr. David, from the Committee on enrollment, reports a,
dqly enrolled and ready for the signature ot the Speaner of
the Hopse of Representatives, the following, act;
Am afcfc to authorize the Administrators of William Q.
Apderson, dece&sed^ and of Thomds Fayer, deceased, to sell
the regl estate of said deceased, and for other purposes.
On motion of Mr. Sprayberry, the bill for the relief of
William P. Redwine, of the county of Fayette, which fail¬
ed to receive the Executive sanction, was taken up.
Upon the question ot" its passage-, the yeas and nays Were
recorded.
There yeas, 102k There dre nays, 2S»
Those tvho' voted in the affirmative are Messrs.
Aiexahder, Henderson of Uew-Kobles,
Allan, » ton, JJorwood,
Baugh, Henderson ofWortfiParks,
Blaklcy, Herrington,- Patrick,
Bivins, Hicks.
Branfley? Hogans,
Brinson, * Holden,
Brown of IfousioniHolloman,
Brewton of Tatr- Hopkins,
nail? Horsley
Cason,
Gausey,
Cock,
Coleman,
Cull ens,
Daniel, •
DeLamar,
Defony,
Ector,
Edmondsoiu
Fain of Gilmer,
Faig of Gord,on,
Fannin of Troup,
F^rnell,
Fol'tner,
Gay,
Glass,
Gibson of Rich-
Vu>nd, ray,
Perry,
Pilcher,
Pitts,
Prescott,
Price,
Ragsdale,
Howell of Lowndes, R jgistei,
Ho Well pf Milton, Reeder,
Hurst, Reuder,
Hutchins, Richards,
JohnsoU, Screven,
Jones of Mitchell, Sharpe,
J ones of Rabun, Smith of Coffee,
Smith of Hall,
Smith of Towns,
Keeling,
Kelly,.
Key,
Knowles,
Knox,,
Lumsden,
McComh,
McCrahy,
McDonald of Lump-Tapley,
k-Vb Tatum,
McDonald of Mur- Terrell,
Smith of Twiggs,
Sockwell,
Sprayberry,
Stewart
Strickland,
Sweat,
Gibson of Warren, McEver,
Goodihan,
Grahipn,
Green of Cobb,
Gtoveiistein,
Hardin,
Harper, of Henry,
McGar,
MeRea,
McWhorter,
Mintz,
Mitchell,
Morris,
Thrasher,
Underwood,
Whaley,
Williams of Clinch,
Wil 1 i auis of Mils' gee
Wilson,
Wolford,
SATURDAY, NOVEMBER 26m, 1S&). 191
Tho^o who voted ill the nbgative* are Messrs.
Andersen, Fain of Union, Lofton,
Brown <,f Suinter, Fannin of Morgan, Martin,
Bpoyles, Fleming, Mays*
Bruton of fbrsytli,Finney, McLendon,
Clarke erf Monroe. flockenhnll, Rosier,
Colvaxti, Holland, Yanover,
Cook, Irwin, Ware,
Dixon, Lester, Whittle
Earle, Lockett, Wicker,
Ebeylinrt, Worley,
S6 the saipe received a Constitutional vote and was there
fore pussej over the Executive Veto.
On motion of Mr. Gibson, of Richmond, the Clprk was di-*
rected to, transmit the bill, and accompanying evidence,, to
the Senate without delay.
The bill to prevent the marriage of cousins, and* ,
The bilk to change the name of James Mercer, <£c,, were
indefinitely postponed, *
On motion of Mr. Delony, tlie bill to alter and amend art
net pointing out the mode of collecting a certain description
of debts therein mentioned, approved Dec. 19, 1818", and to
extend the provisions of the same to embrace corporations,
was referred to the Judiciary committee*
The House took up the report of the committee, mn the
bill to pre rent the burning of the Woods, in the county of
Echols, at certain seasons of the year, and, for other pur¬
poses.
The same was amended, by extending its provisions fotlie
county of Clinch.
The report ds amended was agreed t'o, the bill yfas read
the third time and passed.
On motion of Mr. Fannin, of Morgan, leave of absence
for a few days was granted James A. Diamond, Clerk of the
House, and George Hillyer, Esq., appointed Clerk pro tern,
during the absence of the principal.
The House took up the report of the committee on the
bill to cliangb the line between the counties of Davison and
Lupipkiu, so as to include tlie residence of James Rice, in
the county of Dawson.
The report was agreed to.
The Dill was read the third time and passed.
The House took up the report of the committee on the
bill to prevent itinerant trading in this State, by levying a
tax, &o.
The taport was agreed to.
The 1j "11 wa^ read tlie third time and passed. _
The I <i ise took up the repqrt of the committee ou the
bill fqr txx© relief of Sterling S. Jenkins.
*93 • JOURNAL OF THE HOUSE,
The report was agreed to, the bill was read the third time
and pa^ecT.
The Houge took up the report of the committee on the
bill to amend the aot of the 11th f)ec. 1S5S, m i elation to
Ipsurhnce Companies and Express Companies, uomg bu,si-i
ness 111 t>he State. * .-.-j,.
The" rdport was agreed, to, the bill was read the'thiKl time
and lost.
The bill to dtefine certain duties, of the several Rail Road"
Agencies in this State, and for other purposes therein named,
and!
A bill to protect landlords in the possession of their lands,
afid for other purposes, were referred to the Judiciary com¬
mittee.
The following bills were indefinitely postponed, to wit:
A bill for the relief of Win. Middleton, of Mcjntosh
county.
A bill to amend the law in relation to Jury feds.
Tl\e House took up thp report of the ponmiitte on the bill
to compel all persons owning lands in this State, to- return
and pay tax for the same, in the county where the land lies.
Mr. Strickland, of Madison, moved the indefinite postpon-
jnent of the sarhe.
Upon,this proposition, Mr. Price of Pickens required the
yeas and nays to be recorded.
There are yeas 71. There are nays 62.
Those who voted in the affirmative are Messrs.
Allan,
Anderson,
Blakey,
Bivins,
Brantley^,
Brinson
Gibson of Warren,
Goodman,
Green of Cobb,
Grovensteine,
Harper of Henry,
Herrington,
Brown of Houston, Hicks,
Br,own of Sumter, Holden,
JBrewton of Tatnall,Holland,
Causey, HoUoman,
Clark of Monroe, Hopkins,
Coleman, Horsley,
paniel, Hurst,
Delofiy, Hntchins,
Dixon, Irwin,
Eberhart, Kelly,
Ector, Key*
Fannin of Morgan, Knowles
Eannio of Troup, Lockett,
Einney, Lofton,
Gihson dfRichm'ndjLuipsden,
Martin,
McComb,
McCrairy,
Mitchell,
McLendon,
McWhorter,
Mintz,
Norwood,
Pilcher,
Pitts,
Prescott,
Ragsdale,
Reeder,
Render,
Richards,
Rozier,
.Screven
Smith of Hall,
Smith of Twiggs,
Stewart
StiicUand>
JMBEK 28TH, 185^ J 93
ThTa$lw*r, Ware, Wicker,
'luggl Wfialey, Williams of Musco-
Underwuod, Whittle* geH,
Those who voted in the negative are Messrs.
4
.Alexander, Hardin, Morris,
Baugh Harris, Nobles,
Broyles Heath, Parks,
Rruton of Forsyth, Henderson ofWorthPatton,
Cason, Hookenhull, Perry,
Cock, Hogans Price
Colyard, Howell of Lowndes,Register,
Cullens, Howell of Milton, Sbarpe,
David, Johnson, SnRth of Coffee,
DeLarmr, Jones of Mitchell, Smith of TowHs,
Earle, Jones oi Rabun, Sockwell,
Edmondson, Kbpling Sprayberry,
Ely, Knox Sweat,
Eairfof Gilmer, Lester,, Tapfey,.
Fa,in of Goron, Mays,. , Tatum;
Fain'of Union, McDonald of Lump-Terrell,
Famell, kin, " West,.
Fleming, McDonald of Mur-Williams of Clinch,
Fortner ray, Wofford,
Gay, McEver, Worley
Glass, McGar, Young*.
Gtaham, McRea,
Sd the bill was indefinitely postponed.
Leave of abjsehpe was granted to Mr. Kelly, of Glasscock,
fipr a few days on special business.
On motion of Mr. Brown, of Sumter, Mr. Anderson, of
Bibb was added to the Judiciary committee.
The House adjourned until -9J c'clock, A. M., Monday.
MONDAY, NOVEMBER 28th, 1859.
Tfie House met pursuant to adjournment,
On motion of Mr. Cook, of Early, so much of tfie Journal
of Satui lay as relates to tfie rejection of the bill to compen¬
sate Dr. William Z. Cock, of the eonnty of Early, was recon¬
sidered.
Qn motion of Mr. Smith of Towns, sd much of the Jour¬
nal of Saturday was reednsidered as relates to the rejection
of the bill to amend the act of the 11th, Dec. 1858, inrela-
X3j
1&4 JOURNAL OF TH£ HOUSE,
fidn to Insurance *and Express Companies doing business in
this StatA .
Mr. Price, of Pickens moved to reconsider so much oTthe
Journal of Saturday as relates to the rejection 01 the bill, to
compel all persons owning lands in this State, to lCtum and
pay tax for the same in the county, where said land lies.
The motion vims lost.
Leave of absence was granted Messrs. Barksdale ami Clark,
of Monroe, foita feiv days, on special business; and to Messrs.
Cullens of Clay, and Delony of Clark, on account of sick¬
ness in their families.
The following message was received from His Excellency
the Governor, by Mr. Waters his Secretary, to wit:
" Mr. Speaker :—I am directed by His Excellency the Gov¬
ernor, to transmit to this branch of the General Assembly
amommunination, in writing,
f *
"On motion of Mr. Cartridge the satne was taken up and
read*, to wit:
EXECUTIVE DEPARTMENT,
Milledgeville, Ga., Nov, 2Sth, 1S-59.
To the General Assembly:
A joint" resolution of the Legislature, authorizing andm
questing-the Gpvernor to purchase q sufficient number of tire
arms Of the latest and most approved style for the perfect
equipment of all the volunteer companies within the State,
now* formed or which may be Organized within the ne?t
twelve months, has received my absent. I now beg leave to
call the attention of the General Assembly to thefuchthat
no appropriation has been made for the purpose mentioned
ih the resolution, ancl that I, am. without the means to catry
it ihto effect..
There are at present.no arms in either of the State Arse¬
nals fit fbr use: and a considerable number of gallant young
Companies, lately organized are without arms. The quota
furnished the State by the General Government is not suffi¬
cient to arm half the companies which are annually formed,
and several companies have lately disbanded en account of
their failure t6 get arms. My Opinion, is that it Will costftom
$75,000 to $100,000 to purchase arms of the most approved
style, sufficient to supply all the volunteer corps now in ex¬
istence, and all which will be organized within twelve
months j as d large number of new Companies will be or¬
ganized so Soon as it is knoWn that provision has been made
by the "State to Supply the necessary arms. As the General
Assembly has imposed uppn me the duty of supplying tlie
MftNElAY, NCTOMBI}R 2StHj 1859. 195
firms, f r^pectftilly request an appropriation of fbfe sum
necessary to epable me to carry into effect tlieir (resolution.
1 also beg leave again to call the (attention of the General
Assembly to the?great ilnportance of establishing in out own
State a foundry for the manufacture Of arms and munitions
ofyar. We have the necessary material in great abundance,
and our financial condition is such, that the people of the
State- woufd not feel the cost. We know not how soon we
may bef called upon to defend our institutions and 6ur fire¬
sides against the assaults of unnatural enemies. Is it not
the part of wisdom, therefore, to prepare for the worst,
while we hope for the best ? It may pe proper to purchase?
from the foundries of other States, such supplies 6f arms as
Qur present necessities require, "but it certainly could npt be
wise for us to do so in future, as we should qot expend large
sums of money out of the Stfite for spch supplies as4can be
#sj well made within, the State.
JOSEPH JE. BROWN.
The same was on motion of Mr. Williams; of MuScogee,
referred to the committee on Military affairs.
On motion of Mr. Prescoft, of Scriven, the rhles were
suspended, and the Senate bill to authorize the Administra¬
tors of the estate of James-If onng, Sr., to sell the property
qf said estate, and to make titles for thfe samp, was read the
second time, and ordered to be engrossed.
The following pills were reported and read the first time,
to wit:
Mr. Anderson, of Bibb, reported,
A pill to amend the rent laws pf this State, and to- rendfet
certain property first liable to pay debts due for' rent, ardfor
other purposes.
Mr. Green, of Cobb, reported*
A bill to incorporate the Marietta Paper Mill Company,
and for other purposes.
And the following resolution to wit:
A resolution providing for the'distribution of the Acts and
Journals Of the present General Assemby to thd- members
thereof, &q.
Mr^ Tgtum, of J)ade reported,
A'biUto appropriate one- million of dollars for the pur¬
pose of buiJdiiig' a new'Sfate House, for the, State of Geor¬
gia, and f°r Other purposes.
A bill to alter and amend an act, entitled an act to alter
and amend the 15th section of the Hth division of the Penal
Code, approved March 5th, 1856i
And a resolution authorizing the Governor to furnish the
196 JOURNAL OF ThlE HOUSE,
Clerk of the ^upeyior Court of the county of Dade, the first
eight volumes of'the Supreme Court reports.
Mr. Lestpr of Cpbb, reported,
A hill to "apportion the Representatives among the seve¬
ral counties Of this State according to the requirements of
the Constitution. And. .
A hill to incorporate the town of Powder Springs, and
the Powder Springs High School, in the -county of Cobb,
and for ofher purposes.
Mr. Smith, of Hall, reported*
A bill to encourqg6 Railrpad enterprises in this State.
Mr. Ragsdale, reported,
A bill for the relief of Charles Whitlock, of DeKalb coun¬
ty*
Tlip following Message was received from the Senate by
Mr. Pringle their Secretary, jjro tcm.
Mr. Speaker:—The Senate have passed the following bills
to wit:
A bill to be entitled an act, to constitute and declare Mar¬
gate! Marshall Barclay, the adopted daughter of Mary M.
Marshall, of the county of Chatham, the heir of the said
Maty M. Marshall, and to enable her to inherit the property
of the feanl Mary M. Marshall, and for other purposes.
Also,, a bill to be entitled an act, to authorize the construc¬
tion of a Rail Road from Bamesville, in the county of Pike
to the city of Brunswick in the county of Glynn, and any
pther seaport on'the Atlantic coast of this State, and also
♦to amend the charter of the Georgia Western Railroad
company, ahd for other purposes therein mentioned*
Also, a bill to bq entitled an act, tq amend the Judi¬
ciary act of this State, and to direct the manner of making
Trustees parties, plaintiffs or defendants in all suits or ac¬
tions, now pending, or that may hereafter exist in the seve¬
ral courts of this State.
Alsoj a hill to be entitled an act, to alter and change and
define thb line between Early and Clay counties.
Also, to change the line between ,Henry and Clayton
counties.
Also a bill to be entitled an act to incorporate the Polk
State- Quarry Railroad Company, and for other purposes.
Alfco a bill to be entitled an act to incorporate a Bank to
be located, in the city of Rome, to be called the Bank of
Rome, and to amend the Charter of the Timber Cutters
Bank*
They have also? passed the following bill of the House of
NOVEMBER 2S?H, 1859. 19*
Av bill to hfe entitled an &cf, fo relieve certain perSoiis in
Mcl^itosh county from jury duty.
Th'ey have also agreed td a Resolution,
"That his Excellency the Govehiqr be requested to fur¬
nish the ustial law books to all the newly qreated militia dis¬
tricts! of this State, which have not beeh already provided*
with the same.
Also, a resolution, that the Military Committee ' of the
Senate and House of Representatives be made a Joint Com¬
mittee,
Also, a resolutioh appointing a committee of five Iq join a
like conimittee, of the House of Representatives to examine
into the eondition of the business of tlie Houses and to Re¬
port the best means of facilitating the business, so as to com¬
plete the same by the 10th December, and ask the concur-*
rence of the Hous& in the same.
On motion, of ML "Williams, so much of the foregoing
message as relates to the resolution, making the Committee
of the Senate and House of Representatives on military af¬
fairs a doint Cqmmittee, was taken up and the resolution
concurred in.
Mr. Andersop. of Bibb, reported,
A bill to incorporate the South Western Magnetic Tele¬
graph Company, and for other purposes,
Mr. Hockenhull, reported, ,
A bill to allow the Inferior court of Dawson county to
levy nti extra tax.
Mi'- Lewis,, Of Hancock, reported,
A bill to amend an act approved 4th of March, fSo6„ incor¬
porating the Bank ofSparta, to confer certain privileges upon
the corporations therein named, and to provide for the con¬
strue of a Railroad from Sparta to TenUilld or any Other
point on the Central Railroad.
A hill the more effectually to enforce th,e act approved
10th Deci, 1803, in relation to slaves transacting business
for themselves, and for other purposes.
And a resolution authorizing the Governor fo have a mon¬
ument erected to the memory of General James Oglethorpe^
Mr. Brantley, of Hancock, reported, ,
A bill tq incorporate Culverton Academy in the county of
Hancock. ,
Mr* Alexander, of Floyd, reported,
A bill to appropriate five thousand dollars, to improve the
navigation of the Oostanaiila, River.
Mr. McWhortqr, of Greene2 reported,
A bilk to appropriate money to complete the repairs at
the Penitentiary, to fix the ^Salaries Of Overseers in said in-
tittition and for other purposes. Andy
19S
JOURNAL OF THE HOUSE.
'A bil,l to incorporate the "Union Male and Female cad-
em y, in the county of Greene, ,
Mr. Henderson, of Henry, reported, .
A bilj. to incorporate and endow a Medical College»in the
city of Griffin to be called the Middle Georgia Medical Col¬
lege.
Mr. Pitts, of Macon, reported, ^
A bill to authorize the Ordinary of Marion County, to pay
over to E. II. Winn, his account for teaching poor children'
for 1853.
Bivins* reported,
A bill to create a new county from the counties of Mari¬
on and Taylor.
Mr. Dixon, of Muscogee, reported,
• A bill to authorize the Inferior Court of Muscogee coun¬
ty to levy an extra tax for the purposes therein mentioned.
Mr. Ector, of Merriwether, reported,
A bill for the creation of School Superintendent; to de¬
fine the duties.of" said officer, and for other purposes.
,Mr. Ely, of Dougherty, reported,
A bill to provide for the establishment of a Foundry and
Armory,' for 'the manufacture of Ordnance and small arms,
and to appropriate money for the same, and for other pur¬
poses. .
Mr.^Render, of Merriwdther, reported,
A bill to regulate the testimony of parties in Justices
Courts.
Mr. Lofton, repbrted,
A bill to incorporate the [Middle Georgia Telegraph corn-
pang, and for other purposes.
M iv Strickland of Madison,
Offered a resolution/fixing Saturday, 10th Dec-, as the
period of adjonrnmemt,- shje die, of the present General As¬
sembly.
Mi:. Price, ,of Pickens, reported,
A bill 'to authorize the Justices of the Inferior Court of
the county of Pickens to retain one half of the State tax
collected in said county tor a time therein mentioned for the
pitrpose of erecting an Academy in the town of Jasper in
said county, and for other purposes. '*
. And a resolution requiring the Speaker to appoint a com¬
mittee offive t'o examine and report Toy bill relative to the
place in which land owners in this State, shall pay taxes on
the .same.
Mr. Gibson, of Richmond, reported,
A bill in relation to Justices Courts in the city of Augus¬
ta. i »
A bill to anffind an act to provide for the registry of notes
&c., ip the city of Apggsta, approved Feb. 15th, 1S56, and
MONDAY, NOVEMBER 28th,. 1859. 199
to extend the powers of the Recorder of said city, in rela¬
tion to free negroes, and for other purposes. And,
A hill to. incorporate a Gas company in the city of Au¬
gusta,
Mr. Fannin of Troup, reported,
A hill to protect the wool growing interest in this State.
A hill to authorize-the Mayor and Council of LaGrange to
levy an ektra tax, and for other purposes. And^
A hill to incorporate the Cotton Planters Bank of La-
Grange.
Mr. Colemijn, of Randolph, reported,
A hill to amend the several laws of this State, regulating
the duties of Tax Receivers, &c.
Mr. Morris of Quitmau, reported,
A hill to amend the road laws of this State, so far as re¬
lates to t^ie county of Quitman.
Mr. Mitchell, of Pike,, reported,
A hill to incorporate a bridge hcross Flint River, in the
firSt district of Pike county.
Mr. P^tton, reported,
A hill to provide for the education of the poor1 children of
the State of Georgia, and for other purposes,
Mr. Pilcher, of Warren, reported,
A bill to compensate managers of elections in' Warren
county, and for other purposes. . ,
And a resolution authorizing the Clerk of the House to
have fifteen hundred copies of the Comptroller General's
Report printed for the use of the members of the General
Assembly.
Mr. Fortner, of Wilcox, reported,
A bill ior the relief of Swhin M. Fortner, and Jagies R.
Meadows, securities of Bennet Powell, late Tax Collector of
Emanual county.
Mr. Causy, reported,
A bill to authorize L. B. Causey, Guardian to settle with
Joseph J. Hale, a minor, and for other purposes.
Mr. Broyles, of Whitfield,
Offered the following resolution, to wit:
Whereas, The amount of business accumulating on the
Clerks Desk, in view of the shortness of the remainder of the
session, calls for prompt and extra labor on the part «of the
Legislature,
RcsokcJ, That the House of Representatives meet to¬
night, and eacli succeeding night until further order at 7
o'clock, to read Senate billgthe 1st and2nd times.
Mr. Fain of Union, offered the following resolution, to
wjt:
&00
JOURNAL OF THE HOUSE,
Wbereas, The object1 of granting pensions to soldiers has
been befbfe Congress, and in all probabilities Will come to*
fore them again; whefeas on the pne hand, an extensivei aha
ex ravagant* system of pensions would burden the Federal
Government with heavy indebtedness, for which in the
end the great exporting article of the South would* have to
pay, and whereas such a system would tend to corrupt tip
fountain*of true liberty by causing the people to look to
(government for money of livelihood, and to sap t-:e*fous-
dation of State sovereignty, by binding lafge pordohs of
the citizens-of the States to the Federal Government with
chains of gold, and whereas on the other hand, a limite8
just, and proper system confined to those who have faithful¬
ly and honestly served their countiy on the battle lield in
actual and arduous campaign service, and who in dt dilute
circumstances, from infirmity or misfortune commends itself
to out sense of right and feelings of benevolence, and where¬
as there are many such soldiers surviving the wars of 1S13,
Therefore,
Resohedi That the Congress of the United States'shall
provide by' law a pension for the infirm, and indigent sol¬
diers of ^ 1812, putting' officers and soldiers upon the
same footing, and confining the operation of the net to the
poor and to the ill firm, wffiether such infirmity arc «e from
disease contracted in service or otherwise,
Resolved, That our Senators and Representatives be re¬
quested to confine their action to the spirit of the foi ''going
preamble and Resolutions, and that his Excellency the Gov¬
ernor be requested to forward them a copy of the same.
^Tbe House took up the report of the committee on the
bill to amend the several acts of the General Assembly
relative to the Savannah, and Albany Railroad company,
&c., &c.
The amendment'offered by the committee on Agriculture
and Internal Improvement were received.
The report as amended was agreed to, the bill was read
the third, time and passed.
^ The House took up the rephrt of the coiUmittee on the
bill to incorporate tliO Relief Fire Company, No. 2 in the
town of Athens.
The report was Agreed to, the bill was read the third time
and passed-
The House took up fTie report of the committee on the
bill to compensate Justices of tbe Peace jn Decatur county
for making out and returninglistfe ofpoor children to the Or*
dinary of said county.
The report was agreed to, the bill was read the third time
apd. passed. *
MONDAY, NOVEMBER 28th, iS5!h 20i
Yl^ House took up tj]0 rdp6rt of the committee on the
bill to amend an act entitled ajl act to amend, the Railroad
laws of this State, so far as> felatep, to the county bf Coffee,
approval 1st-March 1S56; and tb apply its provisions to tpe
eouhtypf Clinch
The report was agreed to. •
The hill was read the third time and passed.
Thd House took up the* report of the conimitiep oh, the
bill to incorporate the Indian Creek Baptist Church, in the
codhty of Franklin* and for other purposes.
The rhport Was agreed to, the bill was read the third time
and passed.
Mt. David from the committee on enrollment reported as
duly Enrolled and ready for the signature of the Speaker of
the House of Representatives, the following act.
An act to relieve pertain persons in Mcintosh county from
jury duty.,
The Housd took up the report of the committee on I the
bill to incorporate the, Gate City GhardS* of Atlanta, and
to grant certain immunities and privileged to the same.
The report was agreed to, the bill was read the third time
and passed.
The flouse *took hp the report of the compiitlee °A thd
bill to reduce the sheriffs bond, of the county of Milton.
TJip rqpOrt was agreed to*the hill was read the third timb
and passed-
The House took up the Report of the committee on the1
bill tp" authorize the Justices of the Inferior court of Gilmer
county, to levy and collect an extra tax for tne purpose of
paying the county debt created py the building their Court
House
The report Was agreed to, the bill was read the third, time
&nd passed.
The House iookup the report <of the* Committee on the
bill to amend an act to incorporate the town of Chrpilla, ap¬
proved March 3d, 1856*.
The report was agreed to, th,e bill was read fhp third
time and" passed.
Tpe House took up the report of the committee1 ©n the
bill to incorporate the GePrgia Grays, of the city of Colum-'
bus, and to extend them certain privileges,
Tpe report was agreed to, the'bill was read the third time'
and passed.
Tp6 House took up the report of the committee on the*
bill to «erect a mpnument to Governor Jarpd Irwin,, in the
town of Sandersvil)e.
Tbp report was agreed fo, the hill was read the third
tipie and passed.
262
journal of the house.
The House tools, up the repdrt of the c/wnmiftee om the
bill for the relief of Richard My rick of Pike county. ^
The repprt thereon Was agrefed to, the bill was leadthe
thitd time and passed.
The House took «p the report of the committee on the
bill* for the*relief of Wm. F. Shannon. ^ ^
Mr. Anderson offered ah amendment, which was received.
TM report, as amended, was agreed to, the bill wa^ read
the third time and lost.
The Jlouse took*up the report of the committee on 1|ile
bill to change the time of holding the Inferior courts of the
County of Webster. '
The same was amended, so as to change the timd of hold¬
ing the Inferior coUrt of the county of Dad#, and the Supe¬
rior courts of the counties of Richmond and Glynn,
The amended report was agreed to, the bill was read the
third time and passed^
Oh motion of Scriven, Mr. Sprayberry was added to the
committee on the Lunatic Asylhm.
The rules were suspended, and Mr. Fannin, of Morgan, of¬
fered the following resolution, whiph Was taken up, read,
and agreed to, to wit:
ResdlcecL, That the Speaker haye authority to arrange the
business by selecting out the local bills, and putting them
on their passage at such times as he may think will haste#
Legislation.
Mr. ^IcWfiorter, of Greene, presented the majority rfrport
of the Joint Committee, on the Penitentiary, two- hundred
Copies of which were ordered to-be printed for the use of the
House.
The House took up the report of th,e committee on the
bill, to incorporate Spring Yale Institute in Randolph conn-
v-
The report was agreed to, the bill was read the third time
and passed^ „
^ The ILotise took up the reporf of the committee on the
bill to prevent the killing of Deer in the county of Scriven.
The report was agreed to, the bill was read the third time
and passed.
0# motion of Mr. pdbson, of Richmond, the rules were
suspended, when "the bill to appropriate money for the Med¬
ical College'of Georgia, and for other purposes, was taken up
put ot its order, read the second time, and referred to & spec¬
ial committee, consisting of Messrs. Gibson, of Ejehmhud,
Smitl# of Towns, Harris, Fannin, of Trbup, Ely, Brpyles,
Stewart, Pitts and Lester.
^ The Hogse took up the report of the committee on the
bill to incorporate the town, of SylvaniaaildScarboro, in the
county of Scriyen.
MONDAY, NOVEMBER 28th, 18-59, 203
The report was agreed to, the hill was read the third tim'e
and passed.
The House took rip the report of the committee on the
bill to authorize the Ordinary of Baldwin county, to pay
over to Sarah M. Candler the sum of two hundred and three
dollars and ninety cents, for teaching poor children ip said
county.
The sarpe was amended.
The report, as amended,' was agreed to, the bill was read
tile third time and passed. *
The House took up the report of the' committee on, the
bill for the relief of James M. Jones, of the county'of Bibb,
Executor of the last will and testament' of'James S.'Beadle,
late of Dooly county deceased, and for other purposes therej
in mentioned.
The report was agreed to,'the hill was read the third time
and' passed*.
The House took up the report of the committee on the
bill to authorize the Inferior court, of Banks county, to
submit the question of the location of their county site to
the citizens of their county,"and,to have an election held
therefor, ;Ind for other purposes. . . ' '
The report was .agreed to, the bill was read the third time
and passed.
The House adjourned until 3£ o'clock, P. M.
3J O'CLOCK, P. M.
The House met pursuant to adjournment.
The following bills of the Senate were read, thq - first
time, to-\yit.
A bill to regulate the school fund 'of Habersham county,
and for other purposes therein named.
A bill to change the line between the counties of Early
and CallioYm.
A bill to make valid ajl letters of Administration hereto¬
fore granted by the Courts of Ordinary of this State, where
written notice of such applications has not been given at the
Court House door of said county, as required by lavy.
A bill to amend an act entitled an act to regulate new
trials, approved Feb., 20th, 1854.
' A bill in relation to the admission of evidence.
A bill to add the county of Wilcox to the 2d Congression¬
al District.
204 ' JOURNAL OF THE HOUSE.
A bill to change the line between the counties of Elbert
and Hart.,
A bill to authorize Guardians of Insane persons, to be made
parties to 'suits brought- by deceased Guardians. ^
A bill to amend an act entitled an act to piovide for the
Education of*the children of this State, between pertain, ages
and to provide an annual,sinking for the extinguishment of
thePublic Debt, assented to, December 11th, 1S5S, sofara?
the toe relates id the county of Hall.
* A bill to* incorporate the Trustees of the Presbyterian
Church in the town of Herein the county of Houstoh.
A bill to amend the Judiciary act of this State, and to di¬
rect the manner of making Trustees parties Plaintiff or De¬
fendants, in all su,its or actions now pending or may hereafter
exist in the several Courts of this State.
A bill to extend the charter of the Planters Bank of the
State of Georgia, add for other purposes therein named.
A bill to incorporate the Polk Slate Quarry Railroad Com¬
pany, and for other purposes.
* A' bill to alter, change and define the line between Early
and Clay counties
Also, to ^change the line between Henry and Clay'ron couu-.
ties.
A bill to constitute and declare Margaret Marshall Bar¬
clay, the* adopted daughter of Mary M. Marshall, of flte
-county of Chatham, the heir of the said Mary M. Marshall,
and to enable ber to inherit the property of the said Mary M.
Marshall, and for other purposes.
A bill to incorporate the Thomasville Manufacturing Ag¬
ricultural and Commercial Association, and for other pur¬
poses.
A bill to confer other powers than those now granted to
the Augusta Orphan, Asylum.
A bill to authorize the construction of a Railroad from
Barnesville in the county of Pike, to the city of Brunswick
in the county bf Glynn, and any other sea port on the Atlan¬
tic coast of this State, and
Also to amend the charter of the Georgia Western Rail¬
road Company, and for other purposes therein mentioned.
A hill to incorporate the Planters Railroad Company, anil
for other purposes.
A bill, to he entitled ap act t0 incptporaf e the town of
Terty, in Houston county, and to extend the limits of the
same, and to repeal an act to incorporate thq town of Peri'V
in Houston county, and to define the duties aud authorities
t>f the same, passed the ASth December, liS"S, and for other
purposes herein named.
bill t© he entitled an act to change the time of holding
the general election^ in tips State, and for other pur¬
poses.
HQUDAY, NOVEMBER &8TH, 1359. *20-5
A bill to apientl tlfe charter of ilie city of Griffin-/
A bill to incorporate the Clarke county Agricultural Socie¬
ty, and to confer certain powers; and immunities on tjie
s^tnO, *
A bill to be entitled an act to authorize jurors to assess
images tn matters-of illegalities upon certain conditions.
A bill to be entitled ail act to incorporate a Bank to be
located in the< city of Roihe, to bo cplledthe Bank of ROme,
Und to amend the. charter of the Timber Cutter's Bank.
A bill to prohibit person, from poisoning fish, in the Water
courses of Irwin County, for the purpose of killing, fish.
A bill to be entitled an-act to authorize A. C. Trumbull,"
administrator of Andrew M. Hambletom deceased, to sell
the negroes* of pis, intestate on the first Tuesday in January
next. „
* A bill- to be entitled an act to legalize the marriage of Law-
son Cody and Francis E. Cody, and for other purposes.
A bill to be entitled, an act to ajnend an act approved
March 5th, 1856, entitled an act to authorize persons to sub¬
mit cooit'roveries to arbitrators, and for other .purposes there¬
in mentioned. 1
A bill to be entitled an act to prevent the sale of spiritu¬
ous liquors, within One half mile of the Court House fin the
■ town of Fayetteville, in Fayette county^ only on*conditions
therein natmed.
A bill to be entitled an act to aid the 'citizens of * Georgia
in the construction of Railroads in this State, upon the con¬
ditions and limitations therein specified. ,
A bill t9 be entitled an acttogivO to Inferior Courts of the
different counties Of this State, power to appoint some fit and
proper person to receive and receipt for the amount of money
their respective, counties may be entitled to, under the act
to provide for the Education of the children Of this State &c.,
assented to 11th December, 185$, when the Ordinary Of said
counties refuses or- neglects to give bond in terms of the
law.
A bill to be entitled an act to alter and amend the sever¬
al acts relative to the probate of wills, granting letters testa¬
mentary and of administration, and for other purposes there¬
in specified. '
A bill to be entitled an act to regulate the freight of lime
for Agricultural purposes, when transported on the Western
and Aflantic Railroad.
A bill to be entitled an act to .define and enlarge the cor¬
porate privileges, heretofore granted, to the first Presbyte¬
rian Church of Augusta.
The following message was received from the Senate by
Mr. Pringle, their Secretary pro tern :
Mr. Speatyr;^The Senate have passed the following bill
206
JOURNAL OF THE HOUSE,
which they have instructed me to transmit forthwith 10 the
House of Representatives, to wit:.
A bill to be entitled an act, to authorize the Ordinary 0f
Habersham county, to grant letters oi Guardiansmp on the
Estate of Susan S. Hackett.
Mr- Lester presented the following report, to-\wt:
The special committee to whom were referred :
A Rill to be entitled an act to alter and amend the 3d,
7th and 12th sections of the 1st article of the Constitution of
this State, together with a substitute for said bill, reported
by the Judiciary Committee, and varioils amendments to
said substitute, have had the same under consideration, and
respectfully submit the following report: ^
Your Committee have met with a similar committee of
the Senate on the same subject, and after full discussion and
■deliberation, are satisfied that we cannot agree upon any
.plan reducing the number of the General Assembly accord¬
ing to the form prescribed in the Constitution, and therefore
your committee return to this House the papers referred to
them and recommend that the General Assembly, nowia
session do provide for the calling of a convention for the
purpose of altering the Constitution in such particulars as
the people by their delegates in such convention tuay desire.
GEO. N. LESTER, Chairman.
The following hills of the Senate were read the second
time and committed for the third reading, to-wit:
-f ^7
A bill to incorporate the town of Warrenton in "Warren
county, and to amend the charter of the city of Atlanta, and
for other purposes therein mentioned.
A bill to amend an act entitled an act to alter and amend
the Road Laws of this State, so far as relates to the county
of Wayne.
A bill to amend an act entitled an act to charter the Char¬
leston and Savannah Railroad Company, &c.
A bill to incorporate The Georgia Insurance Company,
and
A bill to alter and amend the act incorporating tne town
'of LincOlnton, and the several acts amendatory thereof, and
for other purposes.
The following bills of the House were read the second
time and committed for the third reading, to-\Vit :
Abillto amend an act entitled an act authorizing the arrest
by the Marshall of the village of Sparta, without warrant and
the confinement in the common jail of the county of Hancock,
of all persons violating the laws passed by the Commission¬
ers of said village against drunkenness, and, other gross im-
MONDAY, "30 VEMBHR 2STii, 1859, 207
moralities in said village, and for other purposes, assented to,
Dec. 11th, 1S58.
Alain for the relief o¥ Jabez M. White, of the county of
Hancock. * .
A hill for the relief of Wm. M. Pyron, of the county of
"Fayette. ' (
A hill to incorporate the Macon Guards, to' authorize the
Governor to furnis them with arms land ■ accoutrements, and
to grant certain immunities and privileges to the same.
♦ A bill "to incorporate the Mutural Building and Loan As¬
sociation of Columbus.
A bill to allow persons to make a return of fheir taxable
^property to the Clerk of the Superior Court in certain cases,
and for other purposes therein mentioned.
A bill to incorporate the Hancock Van Guard and the
Hancock Troop of Cavalry Volunteer Companies in the
county of Hancock, to confer certain privileges on the same
and provide a fund for their support.
A bill for the relief of John T. Martin of the county of
Hancock. ( '
A bill to authorize the Inferior Court of Rabun county t,o
•levy an ektfra tax, and for other purposes.
A bill to incorporate the Jackson Artillery of the qj-ty of
Macon, and to authorize the Governor to furnish ,them* with
suitable arms and accoutrements, and to* grant certain im¬
munities §,nd privileges to the members of the same.
,A hill to consolidate the Offices of Clerk of the Superior
and Inferior Courts of Quitman county. ,
» A bill to appropriate a sum of money to improve the nav¬
igation of the Oconee and Ocmuffiee Rivers in this State.
, O O
A hill to authorize the Inferior Court of Sumter county to
levy an extra ta& for county purposes.
A bill for the relief of D. M. & G. W. Smith and their se- ■
curities, and for other purposes.
A bill to regulate the sale of spirituous liquors in the
county of Stewart, and for other purposes. •
A bilf to incorporate the Georgia' Hussars, a "Volunteer
Corps of Savannah.
A bill to amend, the incorporation of the Savannah Volun¬
teer Guards of the city of Savannah.
A bill repealing an act fixing the hours of labor in facto¬
ries, &c.
A bill to consolidate the Offices of Clerk of the Superior
and Inferior Courts of the The county of Schley, and to re¬
duce the bond of the Sheriff of the county of Schley.
A hill to donate to the county of Taylor one thousand
dollars out of the State tax, for the year 1859, and for other
purposes therein named, <
A hill to amend an act to regulate toll bridges, ferries and
208 JOURNAL OF THE HOUSE
turnpike roads, approved Pec. 22d, 1S0S,, and. to presenile
certain penalties for violation of said act.
A bill to ineorporate " Tlie Upson^ puards/' A
A bill to change- the tirhes of holding the Couits m Up.
son' . t> •
A, bill tp prescribe the time in, which the public Fi niter
shall furnish the Journal of the Legislature, and for other
purposes, ,
A JaiJ.1 to appropriate money for the relief ot Margaret
Haahn and Wm. Grover, Trustee for Edward GrOver.
A bill to alter and* change the time, of holding the Supe¬
rior and Inferior Courts ot the county of Walker, and the
Superior Courts- of the county ofJDade;, and
A bill to amend the charter or the JMcBeene Company,
graitted' February 11th, 18-50.
The bill to alter the law in relation to shows, so far hs the
county of# Walker is affected thereby, was read the second
»timfeiand,ordered to be-engrossed.
The bill for the relief of the heirs of David McCullough,
was lead the second time and referred to a special commit¬
tee consisting of Messrs. Holden, Lewis of' Hancock, Smith
of Towns, Gibs oil of Eichmond and McWhorter of Greene.
The bill to appropriate money for the purchase of arms
for the use of the Volunteer Companies of this State, was
.read the .secpnd time and referred to* the committee on Mili¬
tary Affairs*
The following bills were read the Second time aud referred
to the committee on New Counties, to-wit: #
A bill to define the lines between the counties of Lumpkin
and White, and to attach a portion of Lumpkin county the
county «of White. *
A bill to establish the line between the counties of Mont¬
gomery and Tattnall, and
A bill to change the line between the counties of Gwit-
nett and DeKalb.
The bill to enable Executors and Administrators cm their
own individual account to bid for aud purchase property of
the estates they represent at public sales thereof, and for oth¬
er purposes, and
A, bill to take testimony by interrogatories in all civil cas¬
es, were,repd the second time and referred to the Judiciary
Compiittee.
The bill of the Senate to authorize the Ordinary of Hab¬
ersham county, to grant letters of Guardianship on the Es¬
tate of Susan L. Hackett was op motion taken up, and, read
the first tim Ok v
Mr. Dixon, reported
A bill which was read the first time to regulate the Manu¬
factories pf this State.
TUESDAY, NOVEMBER 29th, 1859. 209
Mr. Lagsdale, reported
A bill to authorize the Ordinary of DeKalb county, to
pay over to William A. Stansell, the sum of three 'hundred
and forty eight dollars, for teaching poor children in said
county.
The House adjourned until 9£ o'clock, A. M., to-morrow.
TUESDAY, NOVEMBER, 29th 1859.
The House met pursuant to adjournment.
On motion of Mr. Prescott of Screven the rules were sus¬
pended, and the House took up the report of the committee
on the bill of the Senate, to .authorize the Administrators of
the Estate of JameS Young, Sr., to sell the property of said
Estate and to make titles to the same.
The report was agreed to, and the bill read a third time
and passed.
The Clerk was directed to transmit the same to the Sen¬
ate without delay. ,
Messrs. Cook of Early and Henderson of Newton were
added to the committee on the Lunatic Asylum, and leave of
absence for to-day was granted to said committee.
Mr. llorsley was added to the committee on the Judici¬
ary. . (
The House on motion took up the Senate resolution in
relation to the appointment of a joint committee to examine
into the condition of business in both Houses, and report the
best means of facilitating the business, so as if possible to
complete the same by the 10th Dec.
The same was concurred in and the committee appointed
by the Speaker, consists of Messrs. Terrell, Fannin of Morgan
David, Lewis of Greene and Colvard.
The, House took up the report, of ,the Committee on the
bill to lead the bonds of the State to Mark A. Cooper.
Mr. Lewis of Hancock, offered the following amendments
to the same, which were received, to-wit:
In the 1st section strike out" five" and insert " ten" in the
game section after the word money, insert the words " prin¬
cipal and interest into the Treasury of the State, twenty
days 1/'fore the several payments shall be home due
After the words " Etowah to" insert "or near," and after,
the words "in this State" insert "to be completed in three
years fro n and after the*first day of July next."
Mr. Lewis of Greene, proposed to amend by adding after
the words "above mentioned property" the words " an.d up-
14
210
JOURNAL OF THE HOUSE.
on the remaining portion of said road to be completed as
contemplated by this act."
The saftie was received. .
Mr. Lewis of Hancock, offered the following, which was
received as additional to the first section, to-wit:
"It is herein provided that in case the said obligors shall
fail to provide-for the payment of the State s bonds, or the
interest on them or either of them as required by their obli¬
gation to be given as aforesaid, it shall and may be lawful for
the Governor of the State to cause the Comptroller, to issue
Execution ninety days thereafter against^the property so
Mortgaged, for the sum then due as in case of judgments on
foreclosure, and have the property levied on and advertised
for ninety days to be sold in the county where the land lies,
by the Sheriff of said county, who shall on the day of sale
sell the same or so much thereof as will pay what may then
be dqe, unless the same shall be paid at or before the said
sale day.,"
The report as amended was agreed to, when on motion of
Mr. Lester, the same wTas postponed until Thursday next.
The House took up the report of the Committee on the
bill of the Senate, to incorporate " The Georgia Insurance
Company."
The report was agreed to, the bill was read the third tirtie
and passed.
The House took up the^report of the committee on thq
bill of the Senate', to amend an act entitled an act to alter
and amend the rbads laws of this State, so far as relates to the
eounty of Whyne, assented to, December 22d, 1S5T.
The repbrt was agreed to, the bill was read the third time
and pgssed.
The House took up the report of the Committee on the
bill of the House, to change the name of the Southern Cen¬
tral Agricultural Society," and to incorporate the Planters
Club Of Hancock county.
. The report was agreed to, and the bill read the third
time and passed.
The» House took up f he report of the Commiftee on the
bill of the House, to authorize the Mayor of the city of St
Marys, to hold special Courts for summary trials in certain
cases.
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. Campbell his Secretary, to-tffit:
Mr. Speaker :-"The GbVernor has signed the bill to relieve
certain persons m Mcintosh county, from Jury duty.
The House took up the repbrt of the committee on the
TUESDAY, NOVEMBER 29th, 1S59. £ll
41
bill of the House, to change the time of holding the Supe¬
rior Courts of the county of Effingham.
\ The Report'was agrped to, the bill wa& read the third time
and passed.
| The House took up the report of fhe Committee ou the
•bill of the House, to amend an act entitled an act to incor¬
porate " The Orphans'Home of the Protestant Episcopal
ilOhurch in Chatham county.
i, The report was agreed to. The bill was read the third
I time aild passed.
The House took up the report of the committee 9n the
mbill of the House, to amend the charter of the American
](Atlantic Screw Steamship Company, granted 19th Decem¬
ber, 185(?, and to allow an increase of the capital stock of said
.(Company.
hl The report was agreed to, the bill was read the third time
and passed. •
t The House tOok up the report pf the committee on the
[fJbill of House, to incorporate Gordon Grove No. 1, ijnited
^Aucient Order gf Druids, located in the city of Savan-»
]fflilah.
The report was agreed to", the bill was read-the third time
j, and passed. #
The House took up the report of the Committee on the
bill of the House, to incorporate Claytoif High School, and
II for other purposes therein- named. t
' 'The report was agreed to, the bill was read the third time
»Ud passed.
The House took up the bill' of ^fche House, to amencj.- an
"act entitled an*act authorizing the arrest by the Marshal of
the village of Sparta without warrant and the confinement
)l!m the common jail of the county of Hanqock, of all persons
1 ^'violating the laws* passed by the commissioners of s,aid vil¬
lage against drunkenness and other gross and immoral con¬
duct in said village, and for other purposes, assented to, Dec.
tkllth, 1858.
The,report was agreed to, the bill was read the third time
i®1' and passed.
o'S The House took up the report of the Committee on the
itfUbill of the House, to consolidate the Offices of Clerk of the
Superior and Inferior Courts of the cgunty of Quitman. >
Jtii The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the Committee on the
bill of the House, to incorporate the Hancock Van Guards
and the Hancock Troop of Cavalry, Volunteer 'Compames in
.•j the county of Hancock, to confer certain privileges on the
same, and to provide a fund for their support. j
The same was so afnended on motion of Mr, Daniel <of
tl1 Jackson, as to incorporate the " Jackson Rifles."
212 JOURNAL OF THE HOUSE,
The report as amended was agreed to. The Bill Was read
the third time and passed
The Housp took up the report of the_ Committee ^n the
bill of the House, to authorize the Inferior Court of Rabun
county to levy an extra tax, and for other purposes.
The report was agreed to, the bill was read the third time
and- passed.
The House took up the report of the committee on the
bill to consolidate the Clerks Offices of the Superior and In¬
ferior Courts of tie county of Schlep, and to reduce the
bond of the Sheriff of said county of Schley.
,The report was agreed to, the bill was read the third time
ahd passed.
The House took up the report of the committed on thf
bill of the House, to regulate the sale of spirituous liquors
in the county of Stewart, and for other purposes.
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the Committee on the
pill of the House, to incorporate the Macon Guards, to
authorize the Governor to furnish them with arms and
coutrements and to grant certain immunities and privileges
to the same.
The report was agreed to, the bill was read the third time
and .passed. •
The House took up the report of the Committee on the
bill of the House, to incorporate the Jackson Artillery «f
the City of Macon, and to authorize the Governor to furnish
them with suitable'arms and accoutrements, and to grant
certain immunities and privilege? to the members of tie
?ame.
The report was agreed to, the bill was read Ihe third
time and passed.
On motion of Mr. Anderson of Bibb, the resolution au¬
thorizing the Governor to purchase for the use of the Stt#
three hundred copies of James R. Butts' neW map of this
State, was referred to a special committee consisting of
Messrs. Anderson, Fannin of Morgan, Bro^vn of Sumtef,
Hartridge.and If arris of Glynn.
Tpe House took up the report of the Committee on
bill of the House, for the relief of Jabez M. White of the
County of Hancock.
Thfe report was agreed to, the bill was read the third time
and passed.
^ The House took up the report of fbe Committee on tie
bill, Of the House, for the relief of Wm. M. Pyron of the
county of Fayette-
The report was agreed to, the bill was read the third time
apd pa??ed,
TUESDAY, NOVEMBER 29m, 1859. 2IS
The following fhessage* was Received from the Senate by
Mr* West their' Secretary.
Mr Speaker .—The Senate have passed the following hills,
to-wit:
A bill to be entitled an act, to incorporate the town' of
Jonesboro in the county of Clayton, and to provide finr tbfe
election of Commissioners, Marshalls and Clerks, and for
other purposes therein named.
Also, a bill to be entitled an act to amend the 13th sec¬
tion of the 13th division of the Penal Code, so as to increase
the penalty for selling and furnishing intoxicating liquors to-
slaves, and free persons of color. *'
Also, a bill to be entitled an act for the relief of the^Es-
t^te of Samuel Martin, late of the county of Fayette, de¬
ceased.
Also, a bill tonbe entitled an act to confer certain privi¬
leges upon Julius A. Cade, of Chattahoochee county to make
lawful his acts, and give him authority to transact* business
as though he was twenty-one years of age, and for other pur¬
poses.
Also, a bill to be entitled an act< to change the line be¬
tween the tcounties of Floyd and Polk.
Also, a bill to be entitled an'act to add an additional sec¬
tion to the eleventh division of the Pen^l Code. 1
Also, a bill to be entitled an act, to change the eighteenth
section 6f the fourteenth division of tFe Penal Code of this
State, and for other purposes.
#Also, a bill to Jbe entitled an act to confer additional pow¬
ers upon the Mayor and Council, of the city of LaGrange. to
regulate the rate of taxation^ in said city, and to grant cer¬
tain exemptions to jbhe "Diligent Firemen of LaGrange."
Also? a hill to be entitled an act, to compensate the Grand
and Petit Jurors of the counties of'Dougherty, Paulding,
Terrell, Merriwether, and Petit Jurors of the coitnties of
Marion pnd Putnam and to provide?, for the same.
The Senate have&ppointed Messrs. Seward, Cone, Collier,
Paine and Cook, as a committee to join the committee ap-n
appointed by the House to examine into' .the condition of
the business of the two, HouSes and to report upon the
■same.
The House took up the report of the Committee oh the
bill of the House* to incorporate the " Upson Guards."
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the Committee on the
hill of the House, to authorize the Inferior Court of Sumter
county, to levy an extra tax for county purposes.
Tjie report wate agreed to, the bill was read the thifd time
and parsed.
214
JOURNAL OF THE. HOUSE.
The House lookup the report of the Committee on the
hill of the House, to amend the act incorporating the feavaa-
nah Volunteer Guards of the city of Savannah, and Repuk
lican Blues of the city of Savannah, approved December &d,
1851.
The report was agreed to, the bill was read the thud tine
and passed. '
The House took up the report of the committee on the
bill of the House, to incorporate the Georgia Hussars, a
Volunteer Military Corps ot Savannah.
The report was agreed to, the bill was read the thirdtime
'and passed.
The House took up the reprort of the committee on the
bill of the House, to amend the charter of the McBeene
Company, granted Feb. 11th, 1850.
The report was agreed to, the bill was read the third tine
and passed.
The House took up the report of the committee on the
bill of the House to change the times of holding the Courts in
the county of Upson.
The Same was amended, the report as amended was agreed
to, the bill was read the third time and passed.
The House adjourned until 3J o'clock, P. M.
3^ O'CLOCK, P. M.
■The House mfet pursuant to adjournment.
•
The bill to alter and amend the claim laws of this State
and for other purposes therein mentioned, was referred to
the Judiciary committee. •
_ The House took up the report of the committee on the
bilhof the House, to alter and change the time of holding
the Superior and Inferior Courts of the county of Walker,
and the Inferior Court of the county of Dade.
The report was agreed to, the bill was read the third
tjme and passed.
^ The House took up the report of the committee on the
bill to amend the act 11th Dec., 1S5S, in relation to Insu¬
rance and Express Companies doing business in this
State.
The report was agreed to, the bill was read the third time
and passed.
^ The House took up the report of the Committee on the
bill to alter the law in relation to shows, so far as the county
of Walker is affected thereby.
TUE&BAY, NOVEMBER 29tH, 1859. 21*5
The report Was agreed to, the bill was* read the third
time and passed.
The House took up the report of'the Committee on* the
bill to incorporate the Mutual Building and Loan Association
of Columbus.
The report was agreed to, the bill was re&d the third
time and passed,
The following bills of the Senate were read' the seqpnd
time and committed for a third reading, to wit':
A bill to amend the charter of the city of G-riffin.
.A* bill to be entitled an act to incorporate ■ the town of
Pprry in Houston county, and to extend the Jimits of the
same, and to repeal, an act to incorporate the town of P,erry
in Houston county, apd to define the duties and authorities
of the same,'passed "the 28th Dec., 1828, and for other pur
poses herein named.
A bill to*regulate the .school fund of Habersham county,
and for other purposes therein named.
A bill to incorporate the Clarke county Agricultural"So-
poiety, and to confer certain powers and immunities pn the
same.
A bill to authorize Guardians of Insane persons to be made
parties to suits brought by deceased Guardians. ,
A bill to change the line between the counties of Elbert
and Hart.
A bill to define and enlarge the corporate privileges here¬
tofore granted to the' first Presbyterian Church of Au¬
gusta, »
A hilt to incorporate the Thomasville Manufacturing Ag¬
ricultural and Commercial Association, and for other pur¬
poses.
A bill to incorporate the Trustees of the Presbyterian
Church, in the town of Perry, in the county of Houston.
A bill, to confer other powers than those now granted to
the Augusta Qrphan Asylum. , #
A hill to regulate theffreight* on lime for Agricultural pur¬
poses when transported on the Western and Atlantic Rail¬
road.
A bill to prohibit persons from poisoning fish in the water
courses of Irwin county, for the purpose of killing fish.
A bill to prevent tjie sale, of spirituous liquors within one
•half mile of tfie Court 'House, in thd town pf Fayette will
in Fayette county, except on Certain conditions.
A bill to be entitled ah act to make valid, all letters of
Administration heretofore granted by the Courts of Ordina¬
ries of this State? tvhen.written notice of such application had
hot been given at the Court House"door of said county,
required by law.
21,6
JOURNAL OF THE HOUSE.
A TjpUl to be. entitled an act to incorporate the Palk Slate
Quarry Railroad Company, and fo£ other purposes*
A bill to be entitled an act to constitute and declare Mar-
garet Marshall Barclay, the adopted, daughter 01 Maiy M
Marshall of the county of Chatham, theheirof the sail! Mary
M. Marshall, and to enable hei*to inherit the property ot the
saicj^ Mary M. Marshall, and for other purposes.
A fyll to be entitled an act to incorporate the Planters
Railroad Company, and for other purposes.
A bill to be entitled aiif act to incorporate a Bank to be lo¬
cated in the city of Rome to*be called the Bank of Rome,
and to amend the charter of the Timber Gutters Bank.
The following bills of the Senate were rOad the secbnd
time and ordered to be Engrossed, to-wit i
A bill to add the county of Wilcox to the Second Con¬
gressional District.
A bill to authorize the Ordinary of Habegsham county, to
grant letters of Guardianship on the estate of Susan S. Hac-
kett.
A bill to change the lines between the counties of Early
and Calhoun.
A bill to legalize the marriage of Lawson Gody and Pran
cis E. Ccyly, and for other purposes.
A bill to authorize A. C. Trimbell, administrator of
Andrew M. Hamilton, deceased, to sell the negroes ofjiis
intestate gn the first Tuesday in January next.
A bill to authorize the construction of a Railroad from
Barnesville in .the county of Pike, to the city of Brunswick
in the cgunty of G$ynn, or any other sea port on the Atlan¬
tic coast in this State, ahd
Also to amend the charter of the Georgia Western Rail¬
road Company, and for other purposes therein mention¬
ed. f
A bill to change the time of holding the General elections
in this State, and for other purposes.
The following bills of the Senate were read the second
time and referred to the Judiciary Committee, to-wit»
^ hill to authorize Jurors to assess damages in Matters of
illegalities gpon certain conditions,
A hill in relation to the admission of evidence.
^ hill tp amend an act Entitled an act to regulate new
triate, approyed Feb. 20th, J854.
A bill to.altOr aticji and amepd the several acts relative* to
the probate of wills, granting letters testamentary, and of
admistratioii, and for other purposes therein mentioned.
TUESDAY, NOVEMBER 2,9*h, 1859. 217
A "bfll to dmend g,n kct approved March '5th, 3 856, enti¬
tled an act to authorize persons to submit eontroveraies "to
arbitration, and for other purposes therein, mentioned.
| A bill tb amend the Judiciary «,ct of thi^ State and to di¬
rect the manner of making Trustees parties Plintiffs and De¬
fendants', in all feuits or Actions now pending or that may
hereafter exist in the several Courts of this State.
15 The bill of the Senate to extend the Gbarter of the Plan¬
ners Bank of the State of Gfeorgia, and for other purposes there-
fin named, was read the second time and referred to the cotn-
'biittee on Banks.
' The bill of the Senate to give io Inferior Courts of thfe
different counties of this State power to appoint a receiver
the iponey which their respective counties- may be enti¬
tled to under *the act to provide for the Education of the
children of this State, &c., and f
' A bill to ahiend an act entitled an a*ct to provide for the
education -of the children of this State, between certain ages
Tahd to provide for an annual sinking fund, for the extinguish¬
ment of the public debt, assented to, December 11th, 1858,
read tne second time and referred to the committee on
l'Public Education.
The Senate bill to alter and define the line between Early
'and Clay counties.
Also„ to change the line between Henry apd Clayton
counties, was read thfe second time and referred to tjhe commit
tee on New bounties.
The Senate bill to aid the citizens of Georgia in the con1-
struction of Railroads in this State, upon the conditions and
limitation^ therein specified, was read the second time* and
made the special^order for Tuesday next.
Mr.'Dixon from the committee on enrollment, reported as
duly enrolled and signed,by1 the President ofth'e Senate, and
now ready for the signature of the Speaker of the House of
Representatives, the following bill to-wit:
A bill to be entitled an act to authorize the administra¬
tors of the estate of James Young Sr.*, to sell the property
of said estate and to make titles to the same.
The following bills of the House were read the sec¬
ond fjtne and committed for the-third reading, to-wit1:
A bill to be entitled an act to relieve James R- Walker,
of the county of Upson, from the disabilities of Minority,
aqdfor other purposes(therein# stated.
A bill t® be entitled an act to change the line between
toe counties of Irwin and Coffee.
A bill tube entitled "an act to appropriate money for the
218 JOURNAL OF THE HOUSED
iSnppont qf Government, for the year 1860, Btod. fdr other
purposes* therein nafhed.
The following bilk of fhe Hotise were read the second
time and ljefertecf to the Jpdieiary Committee, to-wit:
A bill to ^repeal the*5th and 10th sections of an act to by
Out and organize a new county from the counties of Lowndes
and Thomas, and fof other purposes, tpid
A bill to apportion the Representatives among the several
Counties ofthis State, according to the requirements of tie
Constitution.
The bill to provide for the establishment of a Fouhdry
and Ar^nory, for the manufacture ofordnance and^mall arn$
and to appropriate money for the same, and for other pur¬
poses, was referred to the committee on Armory.
Mr. Hartridge offered the following resolution which was
taken up, read and agreed to,, to-wit:
Resolfc</, Tnat the communication of the Hon. David Ir¬
win, Col. Richard H» Clarke and Thomas R. R. Cof>b, Esq.,
*be referred tq the committee on the Judiciary, whose duty
it shall be fo examine tbeir work on the Code of Georgia, in
which they are engaged, and report thereon to this House.
The resolution authorizing the Governor to furnish cer¬
tain bookd to Clinch county, was taken up read and agreed
to.
The House then adjourned until 9£ o'clock, A, if,
to-morrow.
WEDNESDAY, NOVEMBER 30th, 1859.
The House met pursuant to adjournment.
ijVIr. Lester of Cobb, moved to reeonsider so much qf the
Jpurnar of yesterday, as relates to the action of the House,
making the Bill to aid thb citizehs of the State of Georgia
in the construction of Rail Roads, &c.„ the special order of
J uesqay next.
Upon this motion the yeas and nays were* required to be
recorded.
There are yeas {74, there are nays 80,
WEPHEgDlY, NOVEMBER 30Tb, 1859. 219
Those who voted in the affirtnative are Messrs:
Allan, Harris.
Anderson, Henderson of
Baugth, Worth,
Brown of Houston, Herrfngton,
Broyles, Hockenhull,
Bruton of Forsyth, Hogans,
Cason,
Gopk,
David,
D^Lamar,
Dixon,
Earle,
Ecjhols,
E^mondson,
Ely,
Fain of Gilmer,
Fain of Gordon^
Fain of Union,
Fleming,
Fortner,
Gay,
Glass,
Graham
Greene of Cobb,
Hardin,
Harder of Henry,
Holland,
Holmes,
McRea,
Nobles,
Pafks,
Patriclj,,
Paiton,
Pritee.
Ragsaale,
Register
Howell of Lowndes,Reeder,
Howell of Milton, Rhodes,
Hutchins,
Johnson,
Jioiner,
Jones of Mitchell,
Jones of Rabun,
Keeling,
Knox,
Lewis of Hancock
Lester,
Lockett,
Mays,
Richards,
Sharpe, f
Smith of Hall,
Smith of Towns,
Sockwell,
Sweat,
Tatum,
Taylor,
Tjbmslier,
Turner,
Underwood*
McDonald of Lnmp-tyesfy
kin. | WilliarSs of Clinch,
McDonald of Mur- Wofford,
ray, Worley,
McEver, Young,
Those who voted in tho negative are Messrs:
Alexander.
Barksdale,
Blakey,
Bivins,
Brantley,
Brinson,
Brown of Sumter,
Brewton df,Tatt¬
nall,
Causey,
Clark of Elbert,
Clark of Monroe,
Oock,
Colvard,
Coleman,
Conley,
Danjel,
Eberhprt,
Fhnnin of Morgan,' Horseley,
Fannin of Troup, Hurst,
Farnell, Kelly,
Finney, Key,
Gibson of Rich- KnowleS,
mond, Lewis of Greene?
Gibson of Warren, Lofton,*
Goodman, Lumpkin,
Grovensteine, Lumsden,
Darkness, Martin,
Harper of Sumter, McCants,
Hartridge, McComb,
Heath, M cGrary,
Henders'on of Hen-McGar,
ry, McLendon,
Henderson of New^McWhorter,
ton. Mitchell,
Holden, Morris,
Holloition, Ncfrwood#
Hopkins, Perry,
Pilcher,
Pitts,,
220
JOURNAL OT THE HOUSE.
Prescott,
Render,
Rozier,
Scott,
Screven,
Selman,
Settle,
Sims,
Smith of1 Bryan,
Smith of Twiggs,
Solomons,
Stewart,
Strickland,
Tapley,
Terrell,
Tuggle,
Vaughn,
Walton,
Ware,
Whaley,
Whittle,
Wicker;
Wilson,
So the,motion did not prevail.
Mr. Mintz of Jackson, stated that he had paired off with
Mr. Delony, upon this Bill, and that therefore he did not
vote in*the affirmative.
Leave of absence was granted tp Mr. Hicks of Crawford
for a Jew days, on special business.
The House took up the^report of the committee on the
Bill, for the pardon of William A. Choice, of the county of
Fulton, now*under the sentence of death, for the crime of
murder.
, The report was agreed to, the bill was. read the third
time, and on thd question of its passage, the yeas and nays
wCre required to be recorded.
There#are yeas 71. There are nays 68.
Those whty voted in the affirmative are Messrs:
Alexander, Hartridge, Mintz,
Allen, Heath, Morris,
Anderson, Henderson of WorthNphles,
Bivrhs, Herrington, Patton,
Brantley, Holden, Pilcher,
Brinson, Hollomon, Pitts,
Brown of Houston,Holmes, Prescott,
Brown of Sumter, Hopkins, Rhodes,
Horsley,
Bmwton of Tatt-
nail,
Clarke of Elbprt,
Cock,
Coleman,
DeLamar,
Ely,
Fain of Gordon,
Fannin* bf Trohp,
Farhell,
Fortner,
Gibson 6f Rich-
Screven,
Howell of Lowndes,Smith of Towns,
Hutchihs, Solomons,
Irwin, Spray berry,
Keeling, Strickland,
Key, Sweat,
Knowles, Tatum,
Knox, Taylor,
Lewis of Greene, Terrell,
LevH^ of Hancock, Turner,
Lofton, Walton,
Lumsden, Whaley.
Mays, Wicker,
Williams of Musco¬
gee,
mond*,
Gibson of Warren, McCants,
Grovensteine, McComb,
Hardin, McCrary,
Harper of Sumter, McDonald of Lnm'n
Young,
WEDNESDAY, NOVEMBER 30m 1859. 221
Those who vot^d in the negative are Messrs :
Barksdale,
Bapgh,
Blakey,
Broyles,
Brewton, of For¬
syth,
Caukey,
Clafck of Monroe,
Colvard,
Daiiipl,
David,
Dixon,
Earle,
Ebeiihart,
Fain of Gilmer,
Fain pf Union,
Fannin of Morgan,
Fleming,
Finney,
Glass,
•Goodman,
G?een of Co*bb,
Harkness,
Harper of Henry,
Henderson of Flen-Perry,
ry, Ragsdale,
Henderson of New-Register,
Jon, feeder*
Hockenhnll, Rozier,
Hogans, J^cott,
Holland, Belmanj
Howell of Milton, Settle,
llurst,
Johnson,
Jones of Rabun,
Kelly,
Lockett,
Lumpkin,
Martin,
Sims,
Smith, of Bfyan,
Smith of HsjdJ,
Smith, of Twiggs,
SOckwell,
Stewart,
Tapley,
McDonald of Mur- Thrasher,
ray,
McEver,
McOar,
McLendon,
Mitchell,
Norwood,
Parks,
Patrick,
Tuggle,
Underwood,
Vayghn,
Ware,
West,
Whittle,
Wilson,
Worley,
Mr Cook of Early stated that he had paired oif with an
absent member, and therefore did npt vote.
So the Bill \vas passed.
4 The same was on motion transmitted by the Clprk to the
Senate.
The following message was received from the Senat|hby
Mr. West, their Secretary:
Mr. Speaker: The Senate have passed the following;
Bills, of the House of Representatives, to wit ?
A Bill to b'e entitled an Act, for the relief of Virginia
Louisia HoWell, of county of Hancock. Also,
A Bill to, be entitled- an Act for the relief of the securi¬
ties upon the bonds* of substituted trustees, aftd for ether
purposes therein named. Also>
A Bill tp be entitled an Act, for the- purpo'se Of changing
the times t>f holding the Inferior Court of Terrell county."
Also
A Bill to be entitled ap Apt, fro amend an^ct passed W
the General Assembly, for the year eighteen, hundred, and
fifty seven, granting pertain privileges to the Grriffip. Light
222
JfctTBNAL OP THE HOUSE.
Guards, of the city of Grjffih, Spaudding county1, assented
to Dec. 22nd, 1857. Also, .
A Bill to be entitled an Act to amend -an Act to*mcorpo¬
rate the tovtii of Fort Valley, in the County oi Houston*
and to provid,e for the election of Commissioners for the
same, approved March 3rd, 1856. Also,
A*Bill to be entitled an Act to amend an Act, •entitled an
Act, to incorporate the Columbus Saving and Mutual Loan
Association, approved March 1st, 1856. Also,
A Bill to be entitled an Act to repeal an Act to regulate
the Tavern Licence in this State, approved DeA 15th, 1809,
so far as the same relates to the County of Wilcox. Also,
A Bill to be entitled an Act, for the relief of John F,
Jackson, and ofhelr persons therein pientioned. Also,
A Bill to be entitled an Act. to authorize the Inferior
Court af Richmond county, to levy a Tax, for certain pur¬
poses. Also,
A Bill to be entitled an Act, to amend, the (Charter 6f the
South Western Rail Road Company, and* to authorize an in¬
crease of the Capital Stock of said Company. Also,
A Bill to be entititled an Act, to reduce the Sheriffs Bond
in the county of Whitp. Also,
A Bill to be entitled an Act, to incorporate the Lucy
Cobb Institute, for the education of young ladies, in the
town of Athens. Also, *
A Bill to bp entitled an Act, to compensate the Gfancl
and Petit Hirers, of the county of Dade, and td authorize
the levying of a Tax for f&6 same. Also,
A Bill to be entitled an Act, to alter and amend the road
laws of this State, so far as relates the County of Harris.
Also,
A Bill to be Entitled An Act, to give the Receiver of tax
returns, of the co.unty of Chatham, certain commission^.
Ala* _
A Bill to be entitled an Act, for the relief of J. C.
Smifh, formerly of Fayette, now of Clayton County.
Als6, #
A Bill to be entitled an Act* to consolidate the offices of
Tax Collector and Receiver, <}f the County Of Irwin-
They have also passed thp following hills of the "House of
Representatives* with amendments, in which they ask the
concurrence of tlie House, to wit :
A Bill to be entitled an Actvto protect and eocou.iagpthfe
erection of artificial fish ponds, and to make any trespass
on Hie Sarhe penal, and for other purposes. Also?
A Bill tt) be entitled an Act, to incorporate the town of
Hawkifipville, in the county of Pulaski, to Appoint Oomv
missioners for the. same, and to confer certain poWets upon
said Commissioners. Alsq,
WEDNESDAY, NOVEMBER 30th, 1859. 22$
^ A Bill to b^ entitled an Aet, to* incorporate the Bain-
>ridge? and Florida Rail Road Cpmpany.
^ fThe Senfrt^ bate concuiVed in tub following Resolutions
4>f the House of Representatives :
i| A Resolution requesting our Senators and Representa¬
tives in Corigtess^i to restprethe mail line between Jackson-
Uville«and Sugar Creek, in ^Telfair county,
ii lliey have also concurred i,n the Resolution apppinting a
Committee to ascertain what additional furniture *is needed
{i|.n tlie Executive Mansion, and have appointed Messrs, feil-
tjlups, Gartrell, and Jordan, as that Committee on the part
Jpf the Senate.
in The following communication, directed to the Speaker,
i: was pn motion, taken up, read, and referteddo the Commit¬
tee on Military Aaffairs ; to-wit:
I The Committee appoipfed by the Convention of Volun¬
teer Officers, of the State of Georgia, to *rfeport sqch mat¬
ters as may be advisable for the Convention, dnd to whom
j was referred sundry propositions, laid before the meeting,
beg leave to report:
j That they have?considered and consulted upon the mat¬
ters refered, and as the result of their deliberations, they
rrecotrimend to the Convention; the .following resolutions:
1 lsiy Resolted, That this Convention recommend to the*
General Assembly of Georgia, to pass an Abl appropriating
^ a sufficient sffm to purchase *arpjs, accoutrements,,, and full
equipments to supply the Military*force of the State,
1 2nd, Resolved, That the Convention also earnestly recom¬
mend tq the General Assembly, the irhmedia$e establish-
"mentof a State Armory, for the manufacture and repair
"of snlall'arms, and artillery.
3rd, Resolved, That this Convention recommend the
'Georgia Miliary Institute, to the fostering care of the
'State, land further recommend such changes jn the laws
now governing it, as may increase its efficiency ? aS^d insure
its discipline.
4th, Resolved, That this Convention "recommend to the
General Assembly, the appointment, &t> this Session, of a,
Coinmissidn, to consist of dive competent officers, ydipse
duty it shal], be fo prepare a Military Code, and report thq
saihe at the next opening of the Legislature.
The above report having ]beeii taken up, discussed, and
Unanimously agreed to, on motion of Captain BartoW, thd
President'.qf the Convention \yqs requested tcf report the
sajne to both branches of the General Asspnfyly,
Respectfully, .
B. Q. HANLIETEtt, ( Sectf„
KOBEET (JBAHT, I
Milledgeville, Nov. 29th,1,859.
224 JOURNAL OF THE HOUSE-
The House took up the repprt of the Commit,tee on %
Bill of thelfousC, to lay out and organize a pew county
out of the counties of Newton, DoKalb, Henry, ancq Gwi*
nptt, &c. The same was amended.
The report, as amended, was agreed to, when op motion
of Mr. Strickland of Madison, the same yyas indefinitely
postponed. r
The House went into a Committee ot the W hole, $i.
McWhorter, in the Chair, pn the Bill to compensate Win.
T. Williamson, for services rendered the State of Georgia,
in 1851, h&d 1852.
After some time spent therein, the Committee rose, aid
through ^their Chairman, reported the same hack to the
House without amendment,
The report was agreed to. The hill was read the third
time and passed*.
The House adjoilrned until 3 o'clock, P.. M
THREE O'CLOCK, J\ M-
The House met pursuant to adjournment.
The following hills of the House, were read the second
time and committed for a third reading, to wit.
A hill to incorporate the Baptist Church, at the head of
Tennessee, in the county of Rabun. »
A bill to change the! lines between the counties of Sumter
find Webster.
A bill t6 exempt from jury duty certain Firemen ahdfp®
other purposes.
A bill to amend the patrol laws of this State.
A bill to change t^e time of "holding the Inferior Court of
the county of Rudolph.
A bill to change the line betweeh the coupties of Ran¬
dolph and Quitman^ and* for other purposes.
A "bill to change the corporate limits of the city of Amer-
jcus, &Cv
^ A bill to charter the Central Insurance company of Georj*
gia, and to confer on said com pap y eertain rights, pop"pr?
and privileged, and for other purposes.
A bill to incorporate the Georgia JBaptist Bible and Col¬
porteur Society. * r
A hill t© alter and amend the several acts in relation to
the Bibb county Acatjehiy, and to change the name of the
samq.
WEDNESDAY, NOVEMBER 30th, 1859. 225
A J)ill for the relief of M.-C. Goh&Win of t,hb county 6f
Pjke.
AbMl for the relief of John J. Drawdy and Daniel N.
Drawdy, of Bertien county, securities of Daniel Drawdy,
Sr.
A bilf to authorize the Mayor and Gouncil of the city of
Macon, to lease a portion of the public? Reserve lying below
said city, t® foe u^ed as a brick yard, and for other purppses
therein mentioned. #
A bill to compensate Dr. Eugene F. Colzy, for medical
serviced rendered to the citizehs .of Oglethorpe, during the
prevalence of jSmMl Pox, in -said city.
A bill to compensate Dt. Benjamiri F. Newsom, of the
county of Macon, for medical services rendered to the citi¬
zens of Macop and Taylor counties, during the prevalence of
Small* Pox in said counties.
A bill to amend an ac| entitled,an act to .amend the roacL
laws of this State, so> far as relates to the county of Chero¬
kee.
A bill to prescribe thp sum that sh^ll be paid for a license
to Retail Spirituous liquors in this State.
A bill to alter and amend gn act, passed on the 22nd,
Dec. 1857, entitled an act to epcOurage persons making
\ti|ls, to provide a permanent fhpd for the collegiate prepar¬
ation and, education of indigent bbys ahd vpung men.
A bill for the relief of George W. Douglass1.
A bill to incbrporte the toym of Fort Gaines, and* for pth-
er purposes.
A hill to amend the charter of Greensboro.
• A hill to amend an act entitled an act to protect religious
socfotiefe in the exercise of their religious duties.
A bill to authorize the Ordinary of Campbell county to pay
A„ B. McCool, his poor sychoOl account, for the year 1858.
A hill, to alter and aiqen.d an act passed on the 2pn<lf
Deeembei" 1857, entitled au act to entourage persons mak¬
ing a will to*proyide a permanent fund, for the collegi¬
ate preparation and education of indigent boys or young
men.
The bill fo appropriate money to the county of Dawson,
to ^ppply a deficit in the school fund, for the year 1858, \yas
read the second time and referred to a special committee con¬
sisting, of Messrs, Hpckenhulll Lester, JBrbyles, Gibson, of
Richmond and Howpll of Milton.
The following bills were read the second time and .refer¬
red to the Judipiary bommittbe, *to wit:
A hill to confer certain powers upon juries at law.
A bill lo reimburse the heirs of E,verett Wells.
A bill fojr the relief of Tyilliam Fulcher's securities.
15
22fr'. JOURHAU*£>E HOUSE,
The 1*11 foiniie relief ftf the Executtfrs of James*-Goiflok
late of the < ounty of Clarke, was referred to the fcommit-
tee*oq Fiuauce. \ # ,
TLq bill < to ' incorporate the Owl Town ahd Coosa Creek
Mining company, ancf for other purposes therein mention¬
ed. A?h1, < •
-fjil? to exempt practising .Physicians of,the county
of Appling from jury duty, were read the *^econd*tiine abd
ordered to be engrossed.* # . \
The bill ho* repeal the 1st, '2nd and 3rd, sections of an ac't
to prescribe certain rules and regulations to be observed by
the several Paul road companies in rutmning engintes upctn
their respective tracks, and annex a peiialty for the viola¬
tion of the same, approved January 22d, 18-52, and to sub¬
stitute t wo sections in lied of said second and thi^cT sections;
was referred to the committee on Agriculture, and Internal
Improvement.
•
• The hill to amend an act entitled an acttto provide for
the,education of the .children of this* State, between certain
ages* and to provide annual an sinking fund forthe extinguish¬
ment of the Public debt &c, so far as relates to the county
of Mum, wa,s« re^id the *sefond time, "and rql§i!ed to the
Committee oil public Eduoalion. *
The bill to §x tpe pay of the Guard1 of the*Penitenliaty
for the future, &c., whs re^'d tpe second time, ancl referred
to *tli* conmiittee#tm the Penitentiary.
The following message was received from the Senate by
Mr. West, their Secretary.
Jlr. Speaker: The Senate have passed the following bill,
• to wit;
• 4 ' h * • »
bill to be entitled an act, tp change and fix the time of
holding the Superior Courts in the counties of Heard, Oar- *
toll, Campbell, Paulding and Flqyd,,and to change the timer'
of holding the Inferior Courts in-the county*of Heard and
tcf add .the county of Patilding to the Tallapoosa Circuit.
'Thpy have also^agreed to ar Resolution, requesting Our$en-
aijors and Representatives in Congress, to use their "influence
tQ procure, a weekly one horse m'ail line tioin Spring Place
or other fnost Convenient place, to a place known as the ball
groufid, in the Ball Ground Militia District, of said-county.'
Also a Resolution re(|uestipg, our Senators' anHd Jtepresen-
tatives to use their effort's to have the mail, service in Geor¬
gia put in operation.
I
Also a resolution requesting* our Sena^qrs aild Represen¬
tatives in Congress to '.have a tri-Veekly mail jrbutb estab-
WEDNESDAY, NOVEMBER 30tn, 1§59. 227
fished from Harmon^ Grove,, in. Jalokson county to UlarkeS-
ville, in HajbershaA. county.
Also, a resolution (requesting the establishment of a daily
inaii routp^ fipm W&resboro to Trotipville, and to re-estab¬
lish the mail rohte fr6m Waresborp to Holmervifle.
' i
Also a resolution to *havb a weekly fnhil route establish¬
ed from Blackshear, in'Pierce county to Douglass! iit QoffeO
couhty,
Also a. resolution f<o have the mall routes through, the
odgnties of Worth, Irwin and Wilcox, altered,and Changed.
Also a resolution to have the following mail routes re-es¬
tablished, to wit: The route frdm Ljttle yonk to Dublin,
the routq from# Little York to Boxville, also the route from*
BoxviUe to Sugar Creek, and the route from Seward to Saf-
tle (ground-
I
Also a resolution requesting the Presfderft of the United
S*t^es to cause a Strict investigation to be made into a con¬
spiracy ®f fevil, disposed persons to expel by force, Slaves
from the Territory of K&nsas, &c., in which, resolutions fhey
ask,lhe ^concurrence of the House.
t,
They have also concurred in a resolution of the Hou&p of
Representatives,, authorizing the Governor,to subscribe,for
copies t)f the jbubliq laws in pamphlet form 6f the. prpsehh
session, with an amendment, in which they ask the concur¬
rence of the House.
The bill to lay out and #forih a neiV bounty, out Df the
counties qf Heard, Troup and Merriwethfer, and to organ¬
ize the sa^me. And,
Tjbte bill to Jay out and organize k new GOunty from the
counties qf Gordon, Cass, Cherokees Pickeqs nnd Gilmer,
and for ojfcher purposes. 1
The bill to incorporate a Volunteer cotps of Ifijfantry in
the city of Greensboro, and to grant unto it certafo privil¬
eges, was read the second time, qnd committed fph the, thud
reading.
The House took up the report of the committee on the
bill to constitute the toWn of Ciithbcrt, Randolph cdunty a-
city y to provfde for the election. of offipPrs to define the
powers of "the several officers of said city, as well as of the cor¬
poration} to extend the limits of Gutkbeftt, and for other
purposes.
The same was amended.
The report as amended was agreed fab the,bill was read
the thfrd time and passed.
The House took up the report o*f the committee on the
22S JOURNAL OP THE* HOHSE.
bill to alter and phange pie line between the counties of
Madisqn and Franklin.
The report was agfeed to.
Thp kail was read the third time ^nd lost.
The House took* up the report of the committee on the
bill to compel the chartered Banks of this State once- in
every ytear to pubfisbal list of their depositors and the amount
due, tb eabh.
The amendment offered by the committee op. Banks wa?
received.
The report as amended was agreed to, the bill read the
third tiihe and 'phased.
The House took ujf the report of the committee on
bilk tb defihe Jhe lihes between the counties of Lumpkdp
and White, and to attach a part Of Bumpkin to the county
of White*
The rdport was agreed to, thetbill was read the third, time
and lost.
The House took "up the report of the <\ommittee on thp
hill to change the line between the counties of Jrwip and
Coffee.
Thd same was appended.
I'he report as amended was agreed to. The bill was re&d
the t|iird tinfe and passed.^
The bill to ma,ke an appropriation to enjo^v a chair of
natural Science and. Agriculture in the CheOrokee" Baptist.
College, and for other purposes therein mentioned, was made
the ^pedial ofder for Saturday next.
ThO House»took up#the report of the committee on the
bill to add a part ofj Lowndes to the county of Echols,
The rfeport was agreed to, the bill wks read the thirdtime
and, losL
The House took up the report of the Committee on the
bill to regulate the paper currehcy, to prohibit the* circula¬
tion of Hank Rills or Notes under ten dollars, and for other
purposes.
The report wag agreed to. The bill, was read the thud
time ahd lost. *
The House took up the report of the committee* on Ihe
bill tp amend .an apt entitled an act to chabge certain coun¬
ty lines'therein mentioned, approved March 1st, I80G.
The report was agreed to, the bill was read the third
time and lost.
The Hpuse took up the report of the committee on the
bill to Establish the county line, between the counties of
Montgomery 'and Tatnall.
The report jvas agreed to, after hejng amended, the bill
was read the third time and passed*
The House went into Committee of the Whole, «Mr. Mo-
WfiDNEgDAX, NOVEMBER aoxtf, 1859. 229
Whorter it the -Chair, on the hill to appropriate pio-ney
foj the Medical Cqllegg qf Georgia, and <foi! otherpurposqs.
After sqipe time spent therein the|c©mmittfee' rose and
through th,eir chairman, imported the skme bgfek to the
House without amendment. # *
The report was -agreed to. The bill, was read the third
fim& apd jpassecl„
The Senate amendments to ttqe bi£ls*of the Hods© to pro¬
tect and encourage "the erection of artificial fish, ponds, and
to m-tkenny trespass on fhe^same penal„ and for other ^pur¬
poses. And, * •/
The bill,to incorporate the Bainferid^e an.fi Flprida^Kail
road company. . , #
Mr. Lewis, of Greene, offered* a resolution, whicli was
agreed tp, granting the use of the Representative Hkll on
•to-morr6w morning to Or. Mulkey,for the pur]5oSe«of ddliv-
erin^ a-lecture on the science of the jUngfihh Language^
Leave «of absence was planted Afessrs^Lockbtt^Ifwin,
of Washington andBaugh, tor a few days ©u business-
The House then adjourned tmtil 1 o clpck, P. M-
SEVEN O'CLQCK;, P. M.
Thp House met pursuant to adjournment.
The following bills- of the House were feafi tfie second
timp and committed fbr a third reading, tor wit:
A bifl to pmploy a £>£ate Geologist? and to prescribe fiiis
duties.
A bill to authorize the Qrdmary-pf Hepry*cpunty to pay
to ¥m. W. Campbell, tuition for poor children.
A bill td aftienfi an act to authorize th$ |ustice$ o^the In¬
ferior court of Pickens county to levy and collect an extra
tax for the .pufpose of paying the counfy *debt, created by
the building of the Oo'urt HouSe In said county, assefited to
11th Dec. 1858.
A bill to prevent and punish free and slaves for keeping
eating tables, and front living separate afid apa*rt from their
•owryers, hirers^ of guardians^ br oth,er places, of traffic, or
trading in flite town "of Crawfordville, in, fhis State? and, for
other purposes, andtto prescribe punishment for thte same.
A bill to incorporate the Calhoun and Efijay Turnpike
company, and to confer pertain powers and privileges on the
sam&
230 JOURNAL OF THE* H0U$E
Ajbill ho protect the property of persons awm»ri$ stuttis
adjoining the1 town of Athens,
A bill to incorporate a Volunteer military company m,
the town of Jfott* Gaines, and to confer upon it certam
privileges. .
A bill to require jiilors of the -several counties oi this
Stafe to qdvertisq runaway slavey in one of the public Ga¬
zettes published at Milledgeville in certaki,casesr
jAibrfl fp change the numje and style of the Mechanics'
Savings |Rank, &c.
A bill,to incorporate a Volpnte^r corps/rf qrhfleryipthe
toWn hi? Athens, and to grant unto it certain privileges.
A bill to amend the fifth section of an ^ctr pasgpd on the
27th January,*!852, entitled an act more effectually to pre¬
vent frgud in elections in this State, ahch to detect an^ pun¬
ish the sanlp.
A bill to cbnfer additioiiaj powers qjaon the Justice^ of
the- Inferior Courts of the several counties of this Stab1, and
for pther pnrppses.
A bill to authorize the Chairman and commissioners of
the town of Louisville to tax free pet-sons of color, retailers
of spirituous liquors, Billiard Tables,. Tenpili Allies fShoy-
men, itinerant trader's, hawkers, peddlers, Ac., and to im¬
pose an extra tax upon tli,e citizens of the tc»wn,,and fer oth-
cfr purposes.
A bill to be entitled an act to incorporate the Board of
Trustees of the Mount Vernqp Association of Baptists
Churches appointed by the said Association, for the govern¬
ment of the Mount VernoA Institute, at the village "of Bid-
die ville, in Washington cpUnty in this State to confer on
sgid Board certain privileges, to incorporate said tillage of
Eiddleville, arid for other purposes.
A bill to incorporate the Qiiitman Gtiards, and for .other
purposes therein mentioned.
A bill 1;cf alter and amend jthe incorporation of the vil¬
lage of Chickasawhatclice, hi «form,efly Lee*, noiv Terrell
county.
.4 ]?il5, ho incorporate the Union Male and* Female Acade¬
my, irf the eoAmty of Greene, and to appoint Trristqes for
the ^anie, and for other purposes.
A bill tq pl-ovide how tines and forfeitures in criminal gas¬
es shall be received and disposed of, and for other purposes
"therein mentioned.
A bill toaqtWize the Ordinaries of the State to impbse
administration of unrepresented estate^ upon tlig Cky-k of
the Superior c<>i\rt, without requiring "additional bond, vtfien
no oonrpetegt person, will take such administrafion.
A bill to change the name of the Southern Central Agri¬
cultural Society, and to appropriate money iso the reform
MedicaJ Coljege at Macpif, Georgia.
WEBMSDAY, NOVEMBER 30th, 1830. 231
A bill to allow free persons of color in tjiL* State, to go
into voluntary-slavery, .or compel theifi to 1< are ibe ^tate,
and for other purposes therein- mentioned.
A bill to alter and amend the Sheriffs fees A certain cases
so Tar as relates to the county,of Cass.
A bifl'to incorporate the Cherokee manufaciming coril-
pany, located in Cherokee cpunty, Georgia, •• ii<l to define
the fights, privileges and liabilities of the same. .
A bilk to prpvide for,the payment of TenuiMs of poor
children in the cOunty of Hall. ' *
A bill to exempt from taxation* certain persons, and for
, other purposes, * * %
A bill to reduce the bond ofrthe sheriffs, of the' county of
Johnson, • » I
A bill to reduee the work oinroads in the cfounfcy ofrJohn¬
son.
AbiMto discharge William Rogefsof the county of Milton
fronythe trusteeship* of the property of Mrs. Ami 0. Ler
noir and her Children, and tp vest-said trusteeship, in John
W. Lenoir, the ^l-usband pf said Ann C. Lenoir, and fathhr
of said ehjldren,* and for other purposes. • * *
The folio wing'Bflls of the House were*, reafi jECsecohd
time,,and referred,to the-Judiciary Committee, to wit,: - ■
# A Bill to leave the question of'abolition or1 existence of
the Supreme Court, to th^ people of tin's State.
A Rill to prevent and make penal, tfie fiuftiiig on elec¬
tions. • ' *
A^Bill to amend the Judiciary of* Georgia, sc far,as re¬
lates to the county of McIntqSh. . ( •
A Bill to prevent'miners from Selecting a hew Guardian,
at their own option, hpoif arriving at fourteen years of qge,
and for other purposes. * "
A/BilKo alter and amend the daw of descendants, in ca¬
ses of persons who.are illegitimate, or born' out* of .lawful
wedlock, dying intestate. t . •
A Bil'l to make Justices oftWb Inferior Courts, ra the
se.veral counties in this State, ex-officio* Commissioners 'of
Patrol, fir the counties for which they are .elected, and fo'r
other purposes therein ."mentioned. „ , , *
A Bill to Exempt practicing Physicians from professional
tax" and for other purppses.' *' • . •
* A Rill to,exempt practicing Physicians* from Jury 'duty,
and to allow them to he*exanjined by'interrogatories.
A Bill,to declare the 1-aw in regard to deeds of land, made
dui;ing adverse jidssessidni. t
A Rill to repeal an Apt "to guard and protect the citizens
of thjs State against the-, unwarantab'le and^oo .fiequent
use of deadly .weap.ons, assented to Dec. 5th, 1-M7.
A Bill to endow. Florence E. Wym, % ipiucno qf* Liberty
#
232 JOURNAL QE THE HQUSE*
county, Georgia, with all tlie rights and privileges of ma-
J0A:Bill to add a Sepiion to the 1st Article of1 the Constitu¬
tion of this State. .
A Bill to add a section to the seyenfh division of the Pe¬
nal Code of this State, sfnd for other purposes therein
mentioned?
The following Bills of the House were fead the becond
time, and ordered to be engrossed*, to wit: •
A Bill to alter and amend the Road Laws of tjhis Stafd, so
faf as relates to the county t»f Lumpkin.
A Bill to provide for the mileage apd per diem pay
of members of the General Assembly, and to regu¬
late the same, and,for other purposes.
A Bill for 'the relief of practicing Physicians of Monroe
county.
A Bill for the relief of Mrs. Isabella Adtins, of* Murray
county.
A Bill for the encouragement of education.
*A Bill to authorize tht Justices of the|Inferior Court of
Wayne'county, to levy an extra tax* for the ptirpose of
building^ltd erecting a bridge across the Big Buffalo, near
Sheffield's Old Mills.
"The Bill forth<? relief of Joseph, White, of the county of
Jackson,%v^is read the second time, and referred to the
Committee on the Asylum for fhe Blind.
The Bill to provide a Board of Managers, for the Georgia,
Institution for the'Deafand Dumb, dnd to provide for the
removal of the pupils, the fffirchase of a site, the erection
Of buifdings, and for other purposes, upon certain condi¬
tions, wins read the second time, and referred to the com¬
mittee on the Deaf -and Dumb Asylum.
The following Bills of ^he House w£i;e read '([he second
time, and referred td the committee on Public Education,
tb wit:.
A Bill to create a School Commissioner for the county of
Jasper, and for other purposes.
A Bill fo authorize the Ordinaries of White and Haber¬
sham counties, to, pay te icbers* of pobr children, taunht pre¬
vious to the year 1857.
The Bill to change the line between the poupties^ of
Milt oil and DeKalb, was read tile Second time, and Referred
to the committee oil npw^ counties!
The following Bills of the Ilopjse* were read the second
time, and referred to the^CommrtteQ on "Finance, to wif c
A Bill for the relief of John J^ Flournoy, of the pounty
of Jackson.
A Bill to appropriate money to the Union Society, for
certain? purpofcg£ therein, named*
"SVEDNESDAY, HOVEMBEB 30TII, 1859 <283
A Bill to apprijpriiaW money, to aid in the creation of a
mpnpment to General James Oglethorpe, ,and
A Bill to reimburse the heirs of William Qliv$r, &c.,
&A *
The House took up £he report of {he Committee oh the
Bill of the. Senate, to incorporate the Thomasville Manu¬
facturing, Agricultural and Commercial Association, and
foy .other purposes.
The report was agreed, the Bill was read the third tinie
and passed.
The House took up the report of the Committee on the
Bill of the Sena{e, to extend tho charter of"1 the Planters
B4nk of the State of GTeorgfa, and for other purposes
therein mentioned. •
T^e.rfepdrt was agreed to, the Bill* was read the third
tim$ and passed.
The Idolise todk up the report of the Committee ou the
Bill of the Senate, to incorporate the Clark county Agricul¬
tural Society,. and to confer pertain powers and* immunities
onihesaipe. «
The report was agreed to, the Bitl was read the third
time and passed.
The House took up the report*of the committee «on the
Bill of the Senate to legalize the marriage of Larson Co¬
dy, and TvanciS1 E. Cody, and for other purposes.
# The report was agreed to, the Bill was reap the third
time and passed.
, The ffouse look up the report of the Committee on
Bill of the Senate, to confer other powers than those now
granted to the Augpsfa O/pban Asylum.
The report *wgs agreed to, the Bill was read the third
time &nd passed.
The House took up the report of the committee oh the
Bill of the Senate, to authorize Guardians of insanp persbps
to "be made parties to suits brought by1 deceased Guardians*
The report was hgreed to, the Bill was read the third
time ancf passed.
The House too up the report'of the Committee «on the
Bill of the Senate, to prevept the sale of spirituous liquors,
within que half mile of the Courthouse ip the.town of Fay-
ipttville, in the coupty of Fayette, on certain conditions
therein named.
The report was agreed to, the Bill wus read the thii;d
tpne and.passed.
The House topkup the report of the Committee on the
Bill Of the Senate, to add the county of Wildox to the
second CongrosSpmafDiStrict, . ^
Tpe report was agreed to, the Bill was j*ead the third
time and Parsed. #
The House took up the Report of the conmiiltep on the
•234
JOUBNAL OF THE HOUSE.
Bill of the Senate to define1 alid enlarge tllo OOrporale privi¬
leges heretofore ^gaiit^d to the first Pre&oyterian Clutch,
in Augusta." '
Tlfe repor£ was agreed to. The. Bill was read the third
tinie and passed. 1 f
The, House took up tlie^ report of *the Comihittoe on
, the Bill of the Senate, to authorize A. C. Trimball, adminis¬
trator of Andrew M. Hamilton, deceased, to sell the itegrbes
6f liis*intestate on the first Tuesday in January hext
The report was agreed to. The Bill was read tile third
time and passed.
• The Hous*e took up the report of the Committee on the
•Bill. the Senate, to prohibit persons from poisoning fish
in the wat^v courses of Irwin County, # fog the^purpose of
killing fish. *
The report was agreed to. Th,e Bill was/ead the 'third
time and passed.
The House took up the report of the Committee. on the
llBill of the 'Senate, to authorize the Ordinary of Habersham
county*, to grant#letters of Guardianship, on the t .t.iteof
jSusan S. Haekctt.
The reporf »was agreed to. The- Bill was i end the
third time and passed.
The House took up the report of the Committee pn
the Bill of the Senate, to incorporate the Trustees" t'f the
Presb.ytbrian .Church, in the town, of Perry, in tlie county
of Houston. *The same was amended as% to incorporate
JVIasonic Lodge, No. 13, in Americus.
Tlie amended report was agreed fo. The Bill wat read
the third time and passed.
The House took up the report of the. committee on the
Bil^of the Senate, to constitute and declare MUgaret
Marshall,Barclay, the adopted daughter of MaryM. Jar-
•shall, of the county of Chatham, the heir of the sail Mary
»M. Marshall, ami to enable her to inherit the property of the
Said Mary M. Marshall, and .for other purposes.
The report was agreed to. The Bill \fas read tk
third time aud passed.
The House took up the report of the Committee on the
Bill Of the Senate, to make valid all letters of acfininistra
• tion heretofbre granted by the Courts of Ordinary of this
State, where written notices of such applications have not
*t>een given at'the Court House door of said County, a^ re¬
quired by law.
The rOport .was agaeed to, the Bill was read the third
time and passed-
( The House took up the report of the Committee on the
Bill of'the Ssnatepto Alter and amend the Act inco: pwttin-f
the town of Li-noolntOn, and the several Afcts Amehdfitory
theteof, to Odrifier Additional powers ©n the Commissioners
THURSDAY, DECEMBER J.&T, 1859. 233
in relation Eb^aisitig rqveime, the preservation of goo$ or¬
der, the regulation of license for vending spirituous liquors,
and prescribing the qualifications of vothrs, and for other
purposes.
The report w&8 agreed to, the bill was read thd "tlikd tihf^
ancf passed. *
The amendments of the Senate to the Resqlution bf the^
Houses relative td furnishing certain books,- to the CQuftby
officers in this State, were taken up apd concurred iffi
The House then, on motion, adjpufned until 9 £ Q'clook
A. M., to-morrow.
THURSDAY, DECEMBER 1st, 18&~
The House met pursuant to adjournment.
Mr. Henderspn, of Yewton, moved to reconsider so mhch
of the Journal yesterday, as relates to the rejection of the
bill to lay oitt and organize a new county, put of the coun¬
ties of Newton, DeKalb, "Henry alid Gyunnett.
Upon this motion the yeas and nays were requii^ed to be
recorded.
*
There arc yeas 64 ; there are nays- 72.
Thpse who voted «in the affirmative are Messrs:
Alexander 4Harkness, Perry
Allen, Hartridge, Prescott,
Anderson, Henderson, ofHen-*UriceH
Bifens, ry,
Bi;own of Houston, Henderson of
Broyles,
Cason,
Clark, of Elbert,
Coqk,
C»olv^rd,
Conley,
Cook,
Dixon,
Earle,
Eberhart,
EgIioIs,
Fain of €{-ilmer.f
Fain 6f Gordon,
Faitr pf Union,
Fettner,
Glass,
GHbspirof W^rrem Bairick,
Graham, Patten,
Worthf
9 1
Hockenhull,
Hdrseley,
Hurst,
Jojhqson,
Kpeling
Kelly,
Key,
Knox,
Loster,
Lofton,
Register,
Rpnder,
Rhodps,
Richards,
Rozier,
Sc|-eve?n,
Smith of Towns,,
Sprayberry,
Stewart,
Swe^t,
Tatum,
Taylor,
Thfasher,
McDonald of Mnr- Turner,
r&y, Wicker,
McJEVer, Willjams of Mu^co-
Mitchell, gee,
Parks, Wofford,
Young,
236
JOURNAL OF fHE HOUSE,
Those who voted in the negative are Messrs.
Henderson of Hen-
Barksdale,
Baugh, ry.
H^key, Herrington,
Braptley, Holden,
Rrow/i of* Sumter, (Hplland,
IBfuton of Forsyth, 'Hollpman,
Holmes,
Hopkins,
Jones of Mitchell,
Jones of Rabun,
Knowles,
Lewis of Greene,
Lumsdeh,
Martin,
Mays,
McOants,
MpComb,
McCrairy,
McDonald of Lump
kin,
McGar,
McLendon?
McRea
of Sumter,McWhorter,
Mintz,
Causey %
Clark of Monroe,
Colenian, .
Daniel,
David,
DeLamar,
Ector,
Fannin of Morgan,
Fannin of Troup,
Fleming,
Finney,
Gay,
Goodman,
G/een of Cobb,
Grovensteine,
Hardin,
Harper of Henry,
Harpel*
Nobles,
Norwood,
Rilcher,
Ragsdale,
Reeder,
Scott,
Settle,
Sharpe,
Sims,
Smith of Bryan,
Smith of Coffee,
Smith of Hall,
Smith of Twiggs,
Sock well,
Strickland,
Tapley,
Terrell,
Toggle,
-Underwood,
"Walton,
Ware,
West,
Whaley,
Williams of Clinch,
Wilson,
So the motion to re-consider the same was lost.
+Mr. West, of White, moved to reconsider so much of the
Journal of yesterday, a,s relates^to the rejection of the Ml to
change the line between the Counties of Lumpkin and l\hite,
and to attach a part of Lumpkin to White.
The motion was lost.
On motion of Mr. Rroyles, of Whitfield, so milch of flic
Jpurnal of yesterday was re-consjdered, as relates to thexe-
jection of the bill to amend an act to change certain county
lines therein mentioned, approved March 1st, 1856.
The following message was received from the Senate, by
i\fr. West, their Secretary.
J/r. Speaker} The Sen'ate have passed a bill of the House
of Representatives, to be entitled u An act to allow Nicho¬
las A. Long, of the State *of Florida, to obtain letters testa¬
mentary, according to the laws now of force in this State,
upon the estate ot John Long, deceased, of Washington
cOunty.'1'* „
With an amendment pi which they ask the concurrence
of the House.
THURSDAY,' DECEMBER 1st, 1859. 237
ft
Mr. Dixon, from the committee on enrollment, reports'as
luly enrolled and signed by the President of the Senate,
md ready for the 'signature of the Speaker of the Honse
)f Representatives, an act to amend an act entitled an dctto
liter and amend the Road Laws of this State, so far as re-
ates to the county of Wayne, assented to, Dec. 22nd, 1857.
Also an act to pardon William A. Choice, of the county
)f Fulton, now under sentence of death for the crime of
nurder.
Also an act to be entitled an act to incorporate the Geor¬
gia Insurance Company. „
lij On motion of Mr. Lewis, of Hancock, the Senate amend-
jiinent to the bill of the House to allow Nicholas A. Long, of
ithe State of Florida, to obtain letters testamentary, ac¬
cording to the laws now in force in this State, upon the es-
, ate of John Long, deceased, of Washington county, was
J, aken up an,d concurred in.
The bill* to lend the bonds of the State of Georgia" to'
Vl$rk A. Cooper, for purposes therein specified, which was
he special order for to-day, was taken up.
ol Mr. Lester proposed an amendment,, which,
On motion of Mr. Screven; of Chatham, was referred,
vith the bill,t and previously received 'amendments, to the
jommittee on military affairs.
II
id The following message was received from the Senatte, by
vlr. West, their, Secretary.
t, Mr. Speaker: The Senate have passed an, act for the re-
ief of William P. Redwine, of the county* of Fayette, by a
jiponstitutional majority, over the veto of Hjs Excellency the
fjlovernor, by a vote of 96 yeas to 14 nays,
g The House took up the report of the committee on the
fill to lay out and organize a new county from the counties
Franklin and Habersham.
I The report was agreed to, the bill was read the third time
st,md lost.
ji The House took up the report of the .committee on the
I bill to lay out and organize a ne\V county out of the coun¬
ties of Walker and Chatham, and for other purposes,
v The report of the majority of the committee on new
jouaties, which was adverse in its character, was-disagreed
;|tO.
I? Mr Lewis, of Hancock, moved the indefinite postpon¬
ement of the bill.
|j; Upon this motion the yeas and nays were, by*Mr. Echols,
jlof the county of Chattooga, required to be" recorded.
]> There are yeas 76. There are nays 63.
233 JGUfHJfAI, OP THE HOUSE,
Thos&who voted in the affirmative are Messrs *
Barksdale,
Blakeyfc
Brantley
Samper o£ Sumter, McWhortpr,
Heath, Minfz,
Henderson of Hen-Mitchell^
BrOwn of Houston, ry,
Brown of Sumter, Herringtom
Krewton of Forsyth, H olden,
Causey, Holland,
Clarke of Monroe, flolloman,
Cock,
Coleman,
Cohley,
Cook,
Dapiel,
Davi^,
Delamar,
DJxon,
.Eberhal't,
Ector,
Holme&,
Hopkins,
Horsley,
Mprris,
Norwood,
Pilcher,
jPitts,
Prescott,
Reeder,
Render,
RoziPr,
Howell of Lowndes,Scott,
Jonesdf Mitchell, Softie,
Kelly, Sims,
Knewles, Smith of Cofiee,
Lewis of Greene, Smith of Half,
Lewis of Hancock, Smith of Twiggs
Lofton,
Eannin of Morgan, Lupipkin,
Fannip of Troup, Lumsden,
Finney, Martin,
Gay, Mays,
Goodman, McCqpts,
Grovenstein, McCrairy,
Harkness, McGjar,
Harper of Henry, McLendon,
Strickland,
Tuggle,
Underwood.,
Walfon,
T^re,
Whaley,
•Whittle,
Wicker,
Wilson,
OD ]
of
Those vtho votfed ih the negative are Messrs:
Alexander, Graham, McEver,
Hafris, McRea,
Henderson of New- Nobles,
ton,$ Parks,
Henderson of WprthPatton,
Hockenhulf, 'Perry,
Tatt- Howell of Milton, Price,
Hurst,
Hutchins,
J ohnsbn,
Joyner,
Jones of Rabun,
Keeling",
Xey,
Knox,
Lester,
McDpnald pf Ltimp-Stewnf t
bin, Sweat,
McDonald of Mur-Tapley,
ray, Tatum,
Allan,
Baugh,
Biyins,
Brinson,
Broyles,
Brpwton
nal,
Oolvard
Earle,
Echols,
Edmondson,
Ely,
Fain of Gilmer,
Fain of Gordon,
Fain»of Un'ioy,
Fortner
Glass,
Gibson of Rich¬
mond,
Ragsdale,
Register,
Rhodes,
Richarjs,
Sefman,
Sharpe,
Smith of Bryan,
Sockwell,
Sprayberry,
THURSDAY, DECEMBER ls^ 1859. 239
Taylor, West, Woffaljd,
Terrell, William? -of Clinch, Young,
Thrashei*, Williams of Musco-
Turner, gee,
So tire bill was indefinitely,pt>stponedv
TheTIouse went into bommitt^e Of ]blie Whole, Fap-
n!%of Morgan iji the Chats, op the bill to appropriate $1,500
towards the building of a* bridge over Spring Creek, i,n Mil¬
ler ooifii^y, the same being a reconsidered bill. *
After some time spent thbreyn, the committee arose, apd
through theif Chairman reported the same back to fhe
Hoitseuvithout amendment. "
The report was agreed to, the bill was read the third time
and* parsed.
Mr. David, from the committee on enrollment, reported as
duly enrolled and ready for the signature of the Speaker of
fllte House of Representatives,
An act to alter and amend the road laws of this'State, so
fer as relates to the county df Harris.
Aldo an act to amend the charter of the South Wester A
Rail Road Company, and to authorize^ an "increase Of tlie
capital stock of said Company,
Also an act to repeal an act, entitled an act to amend an
act, entitled an act to regulate the faverp license in this
Stat^ approved Dec. 15th, 1809, so far as thesafne relates to
the county of Wilcox.
Also an act to amend an act passed by the General
Assembly for the year eighteen hundred and fifty-seven,
granting certain powers aPd privileges to thp Gfiffih Light
Guards, of th'e city of Griffin* Spaulding couuty, Georgia,
assented to, Dec. 22nd, 1857.
Also an act for tbe relief of J. C. Smith, formerly ©f Fay¬
ette, notv of Clayton county.
Also an act to compensate the Grand and Petit Jurors pf
the county of l^ade, and to authorize a letting of a tax for
the .same.
Also an acj for the relief of Virginia Louisa Howell, of
the county of Hancock.
Also an ac^ to ameiict an act to incorporate thp tdwn of
Fort Valley, m the bounty of Hohston, an'd to provide for
the election of Commissioper.s for the same, Approved March
i 3d, 1851.
Also an act to amend an act entitled an act to incorporate
the Columbus Savipg and Mptual Loan Association, approL
ved March 1st, 1$56.
Also an act for the purpose pf changing the time ®f hom¬
ing -the Inferior Courts of Terrell county^
240
JOURNAL OF THE HOUSE,
Al^o an act lot the relfef of securities upon the bonds of
substituted Trustees, and for other purposes therein named.
Also an $ct for the relief of John F. Jackson, and other
purposes therein nhmed.
Also an act to consolidate the offices of Tax Collector atfd
Tax Receiver, in the county of frwin.
Also an act to incorporate the Lucy^ Cobb Institute, Tor
the education? of young" lafdies, in the town of Athens.
Also an act to entitle the »receiyer of tax returns, of the
county Of Chatham, to a pommissiom on tho extraordinary
tax levied by the Inferior Court1, of said county, for cofunty
purposes.
Also an act to authorize the Inferior Court of Richmond
couftty to levy an extra tax for the erection of public*buildr
ings.
Also an act to reduce the Sheriffs bond in the counfy of
White.
Also a-resolution to request oUr members in Congress fo
re-open certaih mail lines.
Also> a resolution, appointing a committee t® ascertain, if
any additional furniture is needed in the*Executive mansion.
ML Ely, of Dougherty* offered1 the following Resolution,
which*was taken«up, read, and agreed to, to wit:
Resolved, That the special cpmmittee to who in was refer¬
red the bill entitled an act «to provide for the establishment
of an armorer state, be requested tg act with the com¬
mittee on Military Affairs, so far as said bill is concerned.
The House took up the bill to compel non-residents own¬
ing lands in this State, to giye in and pay tax for the same,
in the coimty where the land lies, and for other purposes
therein mentioned1.
The same was made the special order for to-morrbjv, agd
two hunch-fed copies were ordered to be1 printed for tlie uSe
of the House.
The House resolution relative to the printing of "fifteen
hundred copies of the Comptroller General's Report, for the
use of the members ofthe General Assembly was taken up,
read, amended so as to provide for the application of the
numbers now on hand tojsaid purpose, and agreed to as amend¬
ed*
Leave of absence w^s granted Messrs. Gibson, of War¬
ren, find Brown, of Sumter, for a fq\V days bn special busi¬
ness.
TJJie HoUsh adjourned until 3| o'clock, p. M.
3£ O'CLOCK, P, M.
The Bpusqjnot pursuant to adjournment,
The Hous® took up the rfeport pf $ie committed on* ihfc
FHTJBS£>AY> kjECEMBER l§r, 1859. 241
"bill to apitod an act entitled an act to amend the Road
Laws efthis State, so fat as relates to the connty of Chfero-
kee. The same was amended. ^
^he report afs amended was agreed to, the hill was rfead
the tj^rd time and passed.
The House took up the report-of the commit me on the
hillftto amend an act entitled an act to charnge certain potm-
ty lines therein mentioned, assented to, Match lsr, 1856.
The Report was agreed,to, the bill waS read the third time
and passed*.
The House took up the Pepoft of" the commit me on the
hill to titer and amend an act passed oh the 22ndff)ecem-
bih, 1857, entitled an act to ""encourage ptrsOus making a
will £o provide a permanent fund for the* collegiate prepara¬
tion apd education of indigent t>bys o»^oung men,
The report \ya« agreed to, fhe bill »was read the third
time and passed.
fthe HOuse took up fhe report df the cominittee on the hill
to authorize ^the ^fayor and pouncil of the city pf Macon ijp
lease? a portion of the Public Reserye lying, below said city,-
to hemmed a's a brick y^rcf and fpr ether purposes.
The report v^as agreed to, the bill wds read the thiudtime
and passed,
The Hopse took up the report of the committee on the
bill to exenfpt practising Physiciyhs, of the COuhty of Ap-
piitig, and for other purposes from Jury duty. j
The report wap agreed io, tfie bill* was read the- tliiiti time
and passed.
The House took tip the report df the cdmmittee <>n tpeibill
to alter and. amend, the several actsln relation to Bibb coun¬
ty Academy, and to change the name of"the same,
The report was agreed 'to, the bill was read the third
time and passed.
Tim Hopse took up the reporfi Of the committee an fhe
bfll f(> incorporate the Gporgia Baptist Bible and Cplpor-
teur Society,
The report was agreed to, the bfll tvas yea*d thetlprd time
and. parsed,
Mr. Pavid, from the committee on enrollment, reported
as duly enrolled, and ready for fhe signature qf the Speaker
of the House of Representatives,
An act td protect and ehcoprage the erection of artificial
fish ponds* kqd to- make any trespass upon the same penal,
and for other purposes.
Also an act to allow Nichblas A« Long, of the State of
Florida, to obtain letters testamentary adeorfimg to the
laws now pf force in this Stafe, upon the estate fof John
Long, deceased, of Washington county,
AJso h yesofution to authorize thp Governor to Subscribe
16
242 JOURNAL, OF THE HOUSE.
for copies of the Public Laws in pamphlet,form, of thp pres¬
ent sbSsibn.
TJhe House took Up the report of the committee on the bill
to authorize the Ordinary of Campbell county id pay AiP.
MeCool, his pqpr school account for the year 185&
The report was agreed to, the bill was read the third time
and passed.
The House fotfk up the report of the committee oh fhebil
to incorporate the Hoard bfi Trustees of the Mount VprnQn
Association, of feaptist Churches appointed by safd AssOci-
atiation for the government of the Mopnt, Vernon Instil
tute, at the village of Riddfeville, in Washington county in
this Stdte, tb Confer on saTd,board certain privileges* tq in¬
corporate said village of "Riddleyille, and for other purpo¬
ses. * 1
'The report was agreed to, the!1 pill was read the third time
an,d passed. *
Tlip House toqji up the report of the committee bp the bill
to#chartes the Central Insurance Company, certain rights,
powers and privileges, and for other jmrposes.
The report was agreed to. The bill Was read thb third
time and passecl.
The House took up the report of tpe committee on the
hill to amend the Charter of the city of Greensboro, and for
other purposed.
The report was agreed to, The *1)111 was read the third?
time and passed.
The House took up the report ©f the committee on the
bill to prescribe the supi that shall be paid for a license to
retail spirituous liquors in this State.
*The report was agreed to, the bill yvas real! fhe third tiuri
and passed.
T1;q House took up the report of the committee on 1jhe
bilitb incorporate a Volunteer corph of Infantry iprihh city
of Greensboro. The -saipe was so hpiended as to incorporate
a Volunteer corps in Covington, NeWton county, and in
Monroe, in tli6 county of Walton.
The aAiendeit report4was agreed to, the bill Was read ^
third time and passed.
The HbuSe took up the report of the committee on the
bill tor the^ relief of John J. Drawdy qnd, Daniel N. Drawr
dy, pt pernon couiity, seenrfties of Daniel Drawdy, Su.
The report was agreed to, thp bill was read the third time,
and Ipst.
The Hons6 t°°k VP the Report of the Committee on fhe
hDl fo change thq corporate limits of the city of AmerieuS,
so to cfpmge the resident^ of John J. Hudson therefrom
and to exempt him from the payment of taxes tq said city^
The report was agreed to, the bill Wad read t^ie third
tinie and passed.
thursd ay,f December" 1st, 1349. 243
1
The House took up the report of the committee .on the
bill to incqrporate Hie Owl ToWn and Coosa Creek Milling
company, and for other purposes therein mentioned.
The report was agreed fo, the bill was read the third time
and passe^.
The House took rip the report of the Committee on thte
bill to amend an act to protect religious societies iri the
exercise of their religious duties. * * t
* The report was agreed to, the bill was read the third time
and passed. * t
The House fook up,the report of, the committee on, the
bill for. the relief of Mrs. Isabella Adams of the county of
, Miarfay,
The report was agreed to, wthe bill was read the third
, time and passed. #
■ The House took up the jreport of the vcommitted 'on the
j bill to incorporate the town of Fort G-aines, and for other
^purposesj.
The report was agreed to.
^ The bill was read the third time and passed,
The House .took up the report of the committee, on the
jbill to alter and amend the road Laws of this State, so'far
jjas »relates to the county of Lumpkin, *
The report as was agreed to, the bill' was read the third
jtime and passed. " , #
The House took' up ,the report 'of the committee on- the
bill to incorporate the QuitmEii GuaVd's, a"ndtfor other 'pur-
'"poses therein named. ■ » ' , *
The report was aineneed and agreed to, the bill was read
the third time and passed.
® 'The House took up the report of the 'committee on the
bill to authorize the Ordinary of Henry county to pay Wm'
JW. Campbell tuition for poor children.
!l" The report was agreed to. " ,
!? The bill was read the third time and passed. + „
11 The House1 took up, '.the report of the .committee on the
bill for the relief of practising Physicians, of Monroe couii-
^7- .
The report was agreed to.
|( The? bill was read the third time and p§s§ed.
fll The House took up the report of the committee on the
bill to amend an act entitled an act, to. authorize the Justices
"bf the Inferior court'of Pickens county, to, levy and collect
an extra tax for the purpose of paying the county debt cre¬
ated by building a Court House in said county, assented to
Tlth Dec., 1858. ^
$ The report was agreed to, the bill was, read, the third time
jand passed. . - •
The 'bill to authorize the testimony of witnesses in all
civil cases to be tried in the courts of this State, to be ta-
944 JOURNAL OF IHE'HOUSE,
"ken byi interrogatories and to allow the answers thereto to
he read in the case.1? for'which they are taken, and to provide
against the fraudulent execution ©f the ,same^ was referred
again io the Judiciary committee.
Mr, Hartridgu with the unanimous consent of thc,Hous§
withdrew the pill for the relief of# Richard Scanlan of
ctjunfy of Chatham* the Finance committee having unaai.
mou^y reported against the same.
The Senate hill fo change and fix the time of holding the
^Superior Courts in the counties of Heard, Cardpbew, Paujil-
ing apd Floyd, and: the Inferior Courts* in the county of
Heard, and to acid the county of Paulding to thd Tallapoosa
CjlrOuit, was read the firsp time.
Lfeave of absepce waS granted Mr. Earle of Franklin, for
a few days on Special business*
The House adjourned until H o'cloqk, A.M. to-morr<hy
FRIDAY, DECEMBER 2d, 1S59,
The House mot persu^nt to adjournment.
On motion of Mr. Sjorayberry, so mtich of the Jourhal of
yesterday as relates to the indefinite postponement of the bill
to lay out and organize a new county, out of the counties el
Wafker and Chattooga was reconsidered.
The House went into committee of the whhte, Mr. Mc-
Whorter in the chair, on the, bill for th,p relief of Cornelias
Hihberts of the county of Ftilton, #
The report was agreed to, the hill was read, the third time
and passed.
«Mr. David from the Committee on Enrollment reports as
duly enrolled and -signed by the President ofthpSeiiate, and
ready for the signature of the Speaker 6f ihe House of Rep¬
resentatives,
An act to incorporate the Clarke county Agricultural Soci¬
ety, and to confer certain pOwets artd immunities bq, the
saine* Also,
An fief tq be entitled an act to authorize A. C. Trumbatl,
administrator of Andrew M. IJambietQn, deceased, to sell
the negroes qf hid intestate on the first Tuesday in January
nekt.
Also, an act to authorize the Ordinary of Itfaber-
sham CQUpty, to grant letters of Guardianship oh the Es¬
tate of Susan S. Hackett was oq hiotion ta^en up, and real
the fh3t time, Also, ^
An, actto prevent the sale of spirituous liquors, within the
FRIDAY, DECEMBER, 3d, 1659. 24Q
town of Fayetteyille, ill Fayette county/only on conditions
therein named. Also, * t
An act to extend the charter of the planters Bank q! the
State of Georgia, and/or otheT-purpofces therein named, also
An act to Jegalize the marriage of \Lawson Cody and
Ffanci^E. Cody, and fofother purposes, also, „
An act to authorise Guardians of Sngtn Persons,to .be made
parties to suits'brought by deceased Guardians. Also,
An act to prohibit person from poisoning fisfuin the Water
courses of IrVrin county, for the.purpose of killing fish, .also,
An/ct to add the county of Wilcox to/hp 2(1 Congression-
District. Also,
An act to confer other powers than those how granted to
the Augusta Orpha'n Asylum. Also, ' .
An act to make vRid all letters of Administration hereto7
fore granted by the Courts of Ordinary of thig'* State, when
'Written notice of such applications has not been given kt the
Court House door of said county, as required by law. Alsq,
To define and enlarge the co^pora/e privileges, heretofore
granted to the first Presbyterian Church of Augusta.
An act to incorporate the Tliomasyillp .M anuf/cturing Ag¬
ricultural ' and 'Commercial Association, and for > other" pur¬
poses. Also, * A ' >
• An act to alter and amend tjie act incorporating the town
pf Liiicolnton, and the several acts amfendatofy thereof, to
confer additional powers upon the commissioners in relqtfon
to raising revenue,/he preservation of good order, the regu¬
lation of license of spirituous liquors, specifying the qukli-'
fication of voters, and for other purposes. Also, *
An act to constitute'and' declare Margaret* Marshall Bar¬
clay, the adopted daughter: pf Mary. M. Marshall, of the
county of Chatham, the heir of the safd Mary M. Marshall,,
and to enable her to inherit the property of the said Mary M.
Marshall, and for other purposes. " h
The House to.olpup the report of the committee 011 the
bill to compel non-residents, pwning lands in the State of
Gedrgia ,'to give in a'n'd pay tax for the same in the county
where the land lies, and for other purposes therein mention¬
ed. • 1 , '
The Speaker decided the bill out of order frdmuthe fact that
its subject matter had been jirevkiusly acted upon by the
fiouse, during the present segsion.
Two thirds of tfie- members consented to its being enter¬
tained.
The same was offered as a substitute for the bill to eoih-
pel non-residents owning lands in the county of Worth, to
pay the tax on tile same ill said c-oimt'y. *
Various amendments were offered when the bill and
amendments were referred to a special'committee consisting
of Messrs. Trice, Sulith of Towns, Gibson of Richmond, Lew-
246 JOURNAL OF THE HOUSE.
is of Greene, Hilrtridge, Dixpn, Anderson df Bibb and Tug.
&le- . 4
The Committee on Military Affairs to wh(pn
A bill to bpndAke bonds of thin State to Mark A. -Cooper,
&c., and*
A bill for thf? establishment of an Armory .and Foupdry
for ijhO manufacture of ordnance and small arms, &c., report
as a substitute for fhe same.
A bifl to provide for the purchase and manufacture of
arms, for this State, and for other proposes therein men-
tipried.
Two hundred copies of the proposed substitute were1 or¬
dered, fo be printed fop the use of the House, and the same
made the special order for to-morrbw.
Mr. Ragsdale of DFKalk, presented the minority report of
the committpe dn the Penitentiary, two hundred copies of
wjiipli were ordered iq be prifatecf for "the use of the Home.
The pome- took up the report of the committee on the bill
ton amdnd the 2d section of an act entitled an act to provide
against the fprfeiture pf the several Bank charters in this
Spate, °d •hccoiutt of n(pa-specie? payment for a ^hven time,
and for other purposes therein named, passed 22d Hecem-
ber, 18S7.
The same was amended by striking from the? 1st section,
the "vydi'ds, " and Plaintiffs in Such cases shall be entitled to
judgment at the first term of the Cburt.
The amended report was agreed toj the bill was read the
third time, and
Upon tfie qpestion of its passage, *Mr. Gibson of Rich-
Kfond, Required the yeas and nays to be recorded.
There are jdas1 79. There al*e nays f9.
Those who voted in the affirmative are Messrs.
Barksdale, Delamat, Harkness,
BauJ™h, Eberhart) HdndersbnofVvimtii
Biyins, Ector, Herington,
Brifisoo, Edmondson, Hopkenlnill,
Hrowp op Houston, Ely, Holdqn,
Broylys, Fain of Gilmer, Holland,
C&son, Fain of Uipipn, Holmes,
Cod?, Fannin, of Morgan, Hopkins^
Colvard, Fleming, Howell oBLpwudes,
Coleman, Gt$T, Howell of Miiton,
Conley, £5fraliam, Hurst,
Cook, Greep of Cobb, Johnson,
Cullens, Hfori in, Jo pes, bf hJitchpll,
Daniel, Henderson of Nety- Jones of Rabun,
David,, ton, Hppling,
FRIDAY,- DECEMBER 2nd, 1S59.
247
Kelly,
Knowles,
Knox,
Lewis of Greene,
Lester,
Lumdsen,
Martin,
Mays,
McCant
McCrairy,
McDonald of Mur-
fay,
McEvet,
McLendon,.
McRea,
McWhorter,
Mintz,
Mitchell,
Morris,
Nobles,
Norwood,
Parks,
Perry,
Price,
Ragsdale;
Register,
Sharpe,
Smith of Towns,
Smith of Twiggs,*
Smith of Coffee,
Sock well
Solomons,
Stewart,
Strickland,
Tapley,
Terreil,
Turner,
W are,
1 West.
Wlialey,
Wliittle,
Wicker,
W illian'is of Clinch,
Worley.
Youna,
Those who voted in the negative, are Messrs
Key,,
Lewis of Hancock,
McComb,
McGar,
Mullens,
Patton,
Pilcher,
Richards,
Scott,
of Hen-Screven,
Selman,
Settle,
Sims,
'Smith of Bryan,
Smith of Hall,
Sweat,
Tatum,
Taylor,
Thrasher,
Allan, Hartridge,
Anderson, Heath,
Blakey, Henderson
Brantley, ry,
Bfuton of Forsyth, Holloman,
Clark of Monroe, Hutching,
Cansey,
Dixon,
Echols,
Fannin of Troup,
Farnell,
jfinney,
Glass, ,
Gibson of RichmondPrescott,
Goodman, Pitts,
Grovensteine, Reeder,
Harper of Henry,, Render,
Harper of Sumter, Rhodes,
So the bill was passed.
The Hous6 took up the report of the committee on the
bill to exempt certain property therein mentioned from levy
and sale, and for other purposes therein specified.
The same was repotted by the Judiciary committee as a
substitute for several, bills relative to the subject matter of
this, and after certain amendments was adopted.
The report thereon was agreed to, the bill was read the
third time and passed.
Mr. David, of the committee on enrollment, reported as
duly enrolled and ready for the signature of the Speaker of
the House of Representatives.
Tugglq,
Underwood,
Walton,
Williams of Musco¬
gee,
248
JOURNAL OF THE#HOUSE.
An act to incorporate tlie Bainbridge and Flchida Railroad
Company, and to incorporate the Monticello Branch Rail¬
road Company.
The Houpe took up the report of the committee op the
bill for the relief of Andrew J'. Lovplady, of the county of
Pickens, and for other purpose^.
The report was agreed to, the bill was read the third time
and passed.
TJre several bills on the subject of free persons of color in
this State, were made the special order for Monday next,
and two hundred Copies of each ordered to be printed foi;tlie
use of the House.
The. bill to create a new Judicial Circuit, and to provide
for the appointment and election of a Judge and Solicitor
General thereof, was withdrawn by the unanimous consent
of the House.
The PJotise took up the report of the committee on the
hill to empower the Superior Courts, to appoint petitioners
to divide negroes apd other personal property, and to au-
thorlzethe sale of the same.
The report was agreed to, the bill was read the third time
and lost.
Leave of absence was granted Messrs. Knowles, Brantley
and McGar, lor a few days on special business.
The HoVise adjourned until 3 o'clock,, P. M.
3 O'CLOCK, P. M.
Thd House nlet pursuant to adjournment.
And went into the committee of the "Whole, Mr. Lewis bf
Hancock, in the chair, on the bill for the relief of Francis
Daniel Sheriff of the county of Dade.
After some time speiit therein the committee rose and
through thCir chairman reported, the same back to tfiaHouse
without Amendment.
The report was agreed to, the hill vqns read the third time
and passed.
The Ilquse took up the report of the committee on the
bill for the tncourageineut of Volunteer Companies and the
better organization of tlie Military force of this State.
The counliittee om Military Affairs offered the following
resolution as a substitute for the same, Which was adopted
and agreed to, towvit:
Resolved, That his Excellency the O-overiaor be and kb is
hereby requested to appoint as early as practicable, a com-
FRIDAY^ DECEMBER ®3sri>, 1659. 2^9
mission consisting of five competent persons whose duty it
sba^l "bd to prepare a Military Odde^ arid report the same at
the opening of the next session of the Legislature,
The* House to up the report of the comm^ee for the
relief of Joseph White, of the county of* Jackson.
The report wfs pgreed to. The bill wa^ read the third
tiipe and passed.
The House tpoh up the Report of the committee on the
bill to define c^rthin duties o,f the several Railroad Agents of
this State* add for -other purposes therein mentioned.
The report was agreed to, the bill was read) the th,irtl time
and passed.
The bill to exempt from levy and sale one negro, wak' on
motion indefinitely postponed.
The House took up the report of thp committee on the
bill to change the liue between thefcounties of Irwin and
Baker.
^he same was amended on motion of Mr. Pitts of Macon,
as to change the line between the cofintie^ of Macon aiid
Dooly.
The report as amended was agreed to, the hill \yas read
the third time knd parsed.
The House took up the report of the Committee oil the
bilfto protect the holders of bills of exchange or drains drawn*
apd accepted on account of shipments or transfers of cotton
and to punish those who fradulently violate their contracts
of acceptance orjmisapply the cotton received hy "them or
its proceeds.
The report was agreed to, the hill was read the third time
and passed.
The House too k up the report of the committee on the
bill fo prescribe the manner in which Judges shall give their
charges to Juries.
Tjhe report was agreed" to*, the bilk was read the third time
£fcnd lost.
The House took up the report of the Committee on the
bill to authorize jihe InferioriCourt of Cobb county to' levy
an extra tax, to builp a jail in said county, and for other pur¬
poses.
The same was amended, the report as amended was agreed
to, the bill vfas read the third time p,nd passed.
The Hogsg took, up the report of »the copmittee* on the
bill for the relief of Nehemigh Garrisoii, of Cherokee conn,
ty.
Th(j report was agreed to, the- pill was read the third
time and lost.
The House topk up the report of the committed on the
bill to facilitate thd pnditipn of Judgments against Sheriffs
ajid theii; securities,
The report tras Agreed to, the hill was read the third
2fi® JOURNAL OF THE HOUSE.
time, ap.fi @n the question of its 'passage, Mr. Faip of Union
required the yeas and nays to be recorded.
There are yeas 06. There are nays 34.
Those* who *voted in the affirmative are Messrfe :
Alexander, Holland, Perry,
Anderson, Hopkins, Pilcher,
Bdrksdale, Hdrsley, Prescott,
Baugh,, ~ Howell of Lbwndes,Ragsdale,
Broyles, Howell of Milton, Register^
BrutOp of Fprsythj'purst, Render,
Rrewton »of Tatt-Johnson, Rhodes,
nail, Jcmes of Mitchell, Richards,
Cason, Kelly, Rozier,
Clark, of Elbert, *Key, Scott,
Clatk, of Monroe,' .Kpox, ^ Screven,
Lewis of Hancock, Seiman,
Colvard, ^
Colehipn, Lester,
-Copley, Lofton,
C ill lens, Lmppkin,
Ddmel, Lurosden,
David, Martin,
DeLamar, Mays,
Delony, McCants,
Diion, MeConib,.
Eberhart, McOrairy,
EdmpndsPn,
Ely, kin,
Fain, of Cordon,, McEver,
Fannin of "Morgan McLendop,
Fannin of Troup, McRea,
Fleming,' "Minks,
Gray, Mitchell,
Gld$s, Morris,
Green of Cobb, Mullen^,
Harris, Rorwood,
Hartridge, Parks,
Henderson of NeW-Patfick,
toil,
Those Mio vof;etJ in the negative are Messrs :
Spttle,
Sharpe,
Sims,
Smith, of Bryap,
Solomons,
Spraybefry,
Stewart,
Tatum,
Taylor,
McDonald ofLump-Thrrell,
Thrasher,
Turner,
W alton,
Ware,
Whatey,
"Whittle,
Williams of Clinch
Williams of Musco¬
gee.
Worley,
Blakpy,
Causey,
Cock,
Rcjiois,
RctOr,
Fain Of Qihner,
Fa|n of Urpiop,
Finnby,
GoOdmap,
Grdfiam, Joy Per,
Grov&nsteine, Topes^ of Rahun,
Hardin, Jveeling,
Harper of Henry, Mct)onah] of Mui'-
Henderson o£ Hen- ray,
ry> Nobles*
Herplbrson pf WorthPatton,
Holden, * Price,
HoRopiap, Reeder,
HBinAYte December 2ND, 1&59. 251
Smith pf Halt, Sockyell, Tapley,
Smith of Towns, Strickland, Wofford,
Smith of Twiggs, Sweat, Young, f
So the bill was passed.
The House took? up the reporf; the committee on the
bill to repeal an pet entitled ah act to regulatq the testimo¬
ny of Attorhies at law, approved the 21st February,
1850.
•The report \ya^ agreed to, the bill wait read the third
time and lost.
■The kill to fix the compensation of Members, Officers and
Clerks of the General Assembly "of the State of Georgia, was
on inotion of Mr. Mintz of Jackson, indefinitely post¬
poned.
The House took up the repott of fhp committee on the
bill to declare certain words actionable, and for other pur¬
poses. #
Thp report was agreed to, tlpe bill was read the third time
and passed.
The House took Up the report 01 the comnpittee on the
bill to change the penalty prescribed in the 43d section of an
act-entitled an ac^to prohibit the sale bf deadly weapons,
and to proscribe the manner of carrying the samp, and to
punish for the violatibn of thp same, and to repeal an act
Entitled an ppt "to guard and protect the citizens of this State,
agailist the unwarrantable and too prevalent use of deadly
weapong, absented to, the 25th Hecember, 1837, approvecf
12th January, 18,52^, and for pthei; purposes. ' *
The report was agreed to, the bill wa^ read the third
time and on the question of Its passage,; the yeas and nays
werP required to be recorded.
There are yeas 91, there are nays 36
Alexander, Fain of Gilmer, , Henderson of Hen'y,
Barksdalq, Fain of Gordon, Henderson ©f New-
BaUgh, Fain of Union, • ton, ,
Hlakey, Fannin, of Morgan, Hondei^soh, of With,
Bivinsv Fannin of Troup, Herriugton,
Brinson, Fleming, Hbckenhull,
Hrpwn of Houston,Finney, Hogan,
Casoh, Gay, " HolJejp,
Clark of Elbert, Gibs°U of Bich- Holland,
Clark of Momxie, jnoud, Hopkips,
Mullens* GrovepstPin,, Howell pf Lowndes,
Daniel, fjarper of Henry, Ho Well of MiltOh,
DeLarpah, Harper of Sumter, Hurst,
Ubeijiarfi; Harris, Jdues of fthtchell,
Eetorv Heath, Jones of Kabun,
252 JOURNAL OF THE HOUSE-
Keeling, Perry* Smith "of Coffee
Kelly, Pilcher, Sockwell,
Knox, !^itts, Sitewart,
Lexy'is of Hancock, Prescott, Taylor,
Lester, Price, Terrell.,
Lumpkin, Ragsdale, juggle,
Lumsden, Register, "Walton,
Mays, Reeder, Ware*
MpCants, Redder, W est,
MpCrahy, Rhodes!, Whaley,
McEter, Richards* Whittle*
McRea, Rozier, Williams of Clinch,
McWhorter, JSoofcL Wilson,
MmtZ* S elm an, WoKey,
Ttyrrip, Settle, Young,
Norwood* Sims,
Those who voted* in the negative are Messrs i
Allan, Hardin. Patrick,
Broyles, Hartriage, Pa^ton,
Bruton of Forsyth,Holloman, Screven,
Brewtqii of Tatt- Holmes Sharpe,
naif, Hprsley $mith of Bryan,
Causey ^ Johnson, Sniith of Towns,
Cock, Joyner, Smith of Twiggy
Colvard Key, Solomons,
Coleman, Lewis of Greene, Spi^yberjy,
Conley, Lofton^ Strickland*
Delony, Martin, Sweaty
Dixop, McComk, Tattpn,
Echols, McDonald of Lump-Thrasher,
Edmondson, kin, Turner*
Ely, McDonald of MurTJnderwoop,
Fortner ray, Wicker
Glas{5, McLendon, William^ of Mufecq-
Goodman, Mitchell, gee,
Graham, Mullens Wofford,
Green of Cobb, Nobles,
So the bill \Vaepassed.
Tihe bill t© enab|c Executors and Administrators on their
pwn individual aqcount, to bid for and1 purchase property of
the estates they represent at public shies thereof", ahd fpr
other purposes therein mentioned, was indefinitely post¬
poned-
The House took up the report of the committee op the
bill to pllow persons to make a return of,their taxable prop¬
erty to the Clerk of the Superior Cyurt in certain easefe, and
for other purpuses therein mentioned.
FKIDAt, DECEMBER 2Hv% 1359. 253
T^ie repQrt was agreed to, the bill was road the third time
jpid passfed.
Thk hill for the relief Of the Executors of Jaiiids Cop?ok of
Clarke county^ was withdrawn froih the further considera¬
tion of*the House.
Thus following message wak received from the Senate by
Mr. West their Secretary :
Mr. Speaker:—The Sedate Ms passed the following
bills,
A bill to bh entitled an act to repeal an act, to authorize
the election of Marshal of the? town of Hewn an in Coweta
county, approved Feb. 17th, 1^-54. „
Alsd a Tbill to be entitled am act for the relief1' of Wm. E>.
Bigdori, of Oharlton county, and for other purposes.
Afsoi a bit) tofc reduce? the Sheriffs bond in the corfnty of
Irwin, and for Other purposes,
,Al^o a bill to change the lime between the eounties of Un¬
ion ancf Fanpin.
Also; a hill, to be entitled an act to compensate the Sher-i
iff of Franklin county for summoning (fraud and Petit Jri-
rors of said county, and1 for other purposes.
Also, a hill to he entitled^ an aet for the relief of John
Farmer rind William ^toll, securities on the*appearance boild
of Nekton Freeman of the pounty of Gilmer:'
Also, a bill to be entitled an got for the relief of Heriry Hen-
spn, and EliaS Eillpatrick of the county of Towns,
Also, a bill to be entitled an act to authorize "Nicholas
Grice of Merriwether county, an infirm an indigent person,
to peddle without paying for the privilege of so doing.
Also,, a bill to be Entitled an act to incorporate* the town
pf Stateville in Echols clonnty, and to appoint Commissioners
of fhe >same, arid for other purposes.
Also, ia bill to be entitled an act to authorize the Adminis¬
trator of the Estate of the late Toliver Jopes, of the county
of Harris, to sell all the lands belonging to the said Estate,
lying in the counties of Harris, Muscogee, ancf Talbot, at
the Corirt House in "the county of Harris.
Also, a bill to he entitled an act to authorize William
Ford of Mitchell county, looses W. Graham and Charles Find-
lay of Meyriwefher cotmty arid Russell J. Powell of Frank¬
lin county* to peddle withdut lieerise.
Also, a bill to be entitled an aat to incorporate the Cane
Creek Hydraulic Hose Milling Company* of the county of
Lumpkin^
Also, to incorporate fhe Etowah arid Battle Branch Hy¬
draulic Company, and for other purposes.
Also* a bill to be entitled1 an act to authorize the consolida-
tioh of the stock of the Milledgeville and Gordan Railroad
254 JOURNAL OF THE HOUSE,
Company, with ihe stock of the Central Railroad and Rant¬
ing Company of Georgia, and _
Also; to authorize "the consolidation of the stock of the
Eat on toil BramOh Railroad* wifh the stock df the Central
Railroad and Ranking Company of Georgia, and
Also, to authorise aif increase of the capital stock Of the
said Central Railroad and Banking Company of Georgia, and
for other purposes. »
ARq^' a Mlf tb be entitled an act to suspend a part of the
8th section of a,m act, to provide for the Education of the
children of this State, between certain ages, and to provide
all auhuat sinking fund, for the extinguishment of*the publie
debtfor the^year 4859 so far as relates to the counties of Green
an<jl Baldwin, |and fo authorize- the Ordinaries of said" coun¬
ties t6 pay ovel\ to certain teaOhers of said counties the
school foods belongingtp Said counties^ and for ©thpr,pur¬
poses therein mentioned.
Also, a, bill la be entitled an act to authorize ^salom E.
Roberts, administrator ppon the estate*of Robert J* Rut-
breath, deceased, under an order of the Court df Ordinary pi*
Waltpn County, ho have the distributive share of the "Widow
of said deceased ascertained jn the estate of said deceased,
and tp pay over the same to her, arid f hen, for the balance of
said estate, subject to be distributed, to be land remain The
the property jointly of the two minor children of said de¬
ceased, uptil one of them shalfmarry or arrive a foil age.
The Blouse took up, the report of the- committee on the
bill for the relief of John* T, Martin of the county of Han-
epeku
The rpport Was agreed to, thje bill \vas read the third tkne
and passed*
The Honsp took up the report of the committee,on the
bill "to appropriate a sihn of money to improve the nav¬
igation of the Oconde and Qcmplgee Rivers in this State.
Various amendment^ wete received when on motion, of
Mr, Strickland, the same was indefinitely postponed.
Leave of absence was granted Mr. CPck of Lee, for a few
days on special business^
The Rouse adjofoped until 7 o'clock, P. 1VL
*7 O'CLOCK P.M.
The House m,et pursuant tp adjournment, apd thok Up
the report of the committee on tpe Rill to exempt from
Jury duty, certain Rirempn, &e,
Tile report was agreed to, the Bill was reed the third
time and passed.
FRIDAY* DECEMBER 2itd, J^9. 25'5
Th^Hpuse^tookupthe repdrf of the Committed on the
Bill £o incorporate the Baptist Church, at th,e head of Tep-
nessek iti the cotatv of Rabun.
BilPtp filter find amend the incorporation of the village of
Chickapawhatchie, in formerly Lee, now'Terrell county.
•the report was agreed to„ the Bill }vas read tjbe #third,
time and passed. *
The House took up the report of the contanittep on, tile
Bill to change the time of holding the Ipferipr Courts of#
the CjJounty of Randolph.
Thp report was agreed t6, the Bill was read the third
tjnie, and passed. *
The House took up* the report pf the pommitteef on the
Bill to amend the Patrol Laws of this State, &c.
The report was agreed to, ,the< Bill \yas read 'the- thitcj
tirhe and passed.
The House took up the 'report of the( Committee on tbp
Bill to authorize the Justice^ of the Inferior Court of
Wayne County, to levy an pxtra tax, for "the purpose pf
building and erecting a, bridge across the Big Buffalo,
npar Sheffield's Old Mills." j
The report was agreed ±o, thfe Bill was read the third
time and passed. # •
The House took up the report of the coihmittee on the
Bill to change the lines between the counties of (xwinnett *
and DeKalb. *
Mr. Ragsdalc offered a substitute for the same, which was
adopted. 1
[The report of the Committee on Npw Counties*, which1
was adverse in its character, was agreed, to, and the BfLl
thpreforp lost. *
* The Bill to change the lines between the^coupties of Sum¬
ter and Webster, Was Withdrawn.
The House went intp a committee< of the whole, Mr. Mc-
Who^ter in the Chair, on the BiH for the relief of Charles, S.
Oliver, and Charles J. Oliver, of C'lark copnty".
After some time spent therein, the Committtee rose, and
through their chairman, reported the same hack to the
House with an amendment.
The amended report Vas agreed to, the Bill was read the*
thitd time and passed;
The House took up the report of the* committee on the
Bill*te prevent and pupish faiee negroes and, slaves, for keepr
ing eating tables, apd fropi living separate from their own¬
ers, &c., in the town of Crawfordville. The same was
a,tnpnde<f.
256 JOURNAL OF THE HOUSE.
The report was agreed to, the Bill yas r€a(l U1®1 tbifd
"fcinif3 EI/LIGI p&ssoi?'
The House took up the report of the committee 011* the
Uill to incorporate a Volunteer Corps *°£ Artillery, in the
town of Athens, and to grant unto it cerfaijn "privileges. ^
The repSrt wash agreed to, the BUI was read the third
tihie and pass®d.
The House took ttp thd report of the_ committee 011 the
Bill to change^thejiame of the Mechanic's Savings' Bank,
&c,
The report was agreed to, the Bill wTas redd the third
time and passed.
The following Bills of the House wejre read the second
time, and conimitted for a third reading, to wit
A Bill to he entitled an Act, to define and limit fheTorjn
of municipal corporations of this State, «and for other pur¬
poses therein mentioned,
A Bill for the relief of John A- Bartlett, and Lucinda El¬
lis, of *the county df Bibb, anc}, to legalize their marriage,,
\k Bill to exempt negroes employed.by contractors in the
construction of Railroads, from liability to \^ork \m roacfe
011 certain conditions.
A Bill tb. exempt from taxation, certain property, &,c,
ABill to reguMe the payment of th6 commoner poor
schpol fund fot the county of Nekton, and to require the
teachers in Said county, to <be "examined by a committee ap¬
pointed by the Inferior Court of said county, and for other
purposes.
A Bill-to present the killing of game, birds, &c., ip
Richmond county.
A Bill to providp for the payment cff officers presiding at
thd poison election^, hereafter to he held in Taliaferro-
county, and for other purposes
A Bilf to incorporate the South Western Magnetic Tele¬
graph tF)hipany; and for other purposes.
A Bill t6 enforce thoRoad Laws of .this State.
A Bill to ^repeal an Act, entitled an Act, to prescribe fceb
tain rules and regulations, to be observed by fhe several
Rail Road Companies, &c.
A Bill to authorize the governor, in the name of this
State, td endorse-the, equpon ponds 6f the Thomaston&
Barnesville Rail Road Company," for thp amount, and hp
the Conditions in said act mentioned.
A Bill ta alter and amend the* charter of tpd city pf West
Toint, hnd fqf ©tfier purposes.
A BUI to extend the'tiinq fori fhq Cherokee Volunteers to
present their claims and to authorize hhe payment of claims
for ration^ and forage, furnislied to Captain 'WitelieFs Com¬
pany, in 1838.
A Bill to appropriate mbney Rebuild a Slate Library.
FRIDAY, DECEMBER 2nd, 3,859-. 257
A Bill fpr fhe relief of William Rankin, of thp county
of Muscogee,
A Bill t@ appropriate one million of Dollars, fcft* th»e
purpose of budding a nqw State House for the &ate of
(j-eorgia, and for other purpose!.
A Bill to incorporate Culv-erton Academy, in the County
of Hancock.
A Bill to incorporate the Marietta Paper Mill Company,
and for other purposes. •
A JBill^to amend an an Act approved March 4th, 1856,
incorporating the Bank of Sparta, and to confer certain priv¬
ileges Upon the corporators therein named, and to provide
for the construction of a*RailRoad from Sparta to Tennille,
or any other point on the Central Rail Road.
A Bill ta incorporate the town of Powder Springs, and
the Powder Springs High School, in the county of Cobb,
and for other purposes.
A Bill to encourage -Rail ,Road enterprises, in this State,
and,
A Bill for the relief of Charles Whitlock, of DeKalD coun¬
ty, and, #
A Bill to appropriate money to complete the repairs of
tlie Penitentiary1, to fix'the salaried of pvergeers^ &c.
The following1 Bills were rhad the second time, ajodrgfqr-
red to the Judiciary committee, *to-wit:
A Bill to amend the rent laws of this Sfate, and td rou¬
nder certain property first liable to pay debts due for rent,
and for other purpoSe!.
A Bill to provide foi; condensing decisions of jjhe Su¬
preme Court of G-eorgfa, &c.
A Bill to alter and ameijd an Act, entitled.an Act, to alter
and amehdthe 15th Section of .the 11th Division of the
Penal «Code, approved March 5 th, 1856.
A Bill to provide for the issuing of summary and compul¬
sory process for "witnesses in all criminal cases in this State
upon the cdnditions therein mentioned, and,
A Bill to arneijd the tax Laws of this State.
The Bill to alter and change the lines between Talbot
and Merriwefher counties, was read the second time, atld
referred to Ijhe comiiiitlee on new counties.
The Bill to compensate James Hamilton, for services ren¬
dered this State as commissioner and surveyor, in 1856, was
read the«seCond*time, and referred to the* committee on Fi¬
nance.
Leate, of absence was granted MessrS. McCrairy, and
Dixon of Muscogee, for a few days on special buSmess.
The following Bills were read tire secpnd time, and or-
ctered to be engrossed, to^wit:
A Bill for the relief t>f Johnson P. Wellborn, of the Cdun-
ty of Union.
17
25S
JOURNAL Otf THE HOUSE,
A BiR to authorize Wliitmill Home, of county ^
Bibb, to practice medicine, and charge and collect eoinpyu.
SatiSnJbr the same. , u .
A Bill to legalize the marriage of John G. McMichae];
with Elizabeth Ethridge, <sc., and,
A Bill to allow the Inferior Court ®f D4wson county, tn
levy *iii extra tax,.
The House adjourned till 9 £ o'oldck, A. M., to-morrow,
The House met pursuant to adjournment.
Mr. Worley of Cherokee, moved "to reconsider sd much ol!
the Journal of1 yesterday* a§ relates to the indefinite post-
pptaembnt of the bill to fLy the compensation Cff members, ot-
ficqrs and Clerks of the General Assenihy of Georgia.
Upon this proposition, he required the yeas and nays to
be neconded.
There ane yeas 44; There are ndys S7.
Thone .who voted ih the affifmatiye are Messrs:
Baugli, Hopkins, Button,.
Blakey, Hurst, Prescott,
Broyles Jones ofHabUn, Price
SATURDAY, DECEMBER 3rd, 1S-59,
Oulieiijs,
Ebelhart,
"Pain of (tihner,
Fain of Gordon,
Fain of Union,
Fannin of Troup,
Fleming,
Gay,
Green of Cobh,
JA*. 1.MJ )
He}*, JReeder,
Lewis o£ Qreeiie, Rozier,
"Lester, iSglman,
Lumsden, Smith of !
Mayte, Smith of
McDonald of Mur-Socktvell,
Kelly,
JReeder,
Rozier,
Sglman,
Smith of Hall,
Smith of ,Towiis,
Harper of Henry, Mint?,
Henderson of IJenryMitch^ll,
Herrington, Parks,
Hockenliull.
SATURDAY, DECEMBER 3RD, 1S59, 259
Those who Voted in the nejgatiVb dre Messrs*,
Alexander, Harper of Suinter, Pitfs,
Allan, Harris, Register,
Anderson, Hartsidge Render,
Barks dale Heath, Rhodes,
Bivens, Henderson t>f W orthRichards,
Brown? of Houston, Hoganls Scott
Cason, Holdeh, Screven,
Clark of Elbert, Holland, Settle,
Clark of Monroe, Hollomdn, Sharpe,
Colvard, Holmes, Sims,
Coleman, Horsley, Smith of Bryan^
Conley, Howell of Lowndes,Smith of Coffee,
Daniel. Howell of Milfon, Smith of Twiggs,
David, Hntchins, Sprayherry,
DeLamar, Johnson, Stewart
Delbny, - Jteeling Sweat,
Dixon, Knox Tapfey,
Echols, Lofton, Tafum,
Ector, Lumpkin, Taylor,
Edmondson, Martin, Terrell,
Ely, McDonald of Lump-Thrasher,
Fannin of Morgan, kin, ' Turner,
Farnelf, Mcfen-don, Walton,
Fipney, McRea, Ware,
Fortner McWhorter, West,
Glass, Mullens Williams of Clinch,
Goodman, Nobles, Williams 'of Musco-
Graham, Norwood, gep,
Grovenstein, Perry, Wilson.
H^nessy Pilcher, Young.
So the motion was lost.
On motion of Mr. Lester so much of the Journal Of yes¬
terday was Te (Considered as relates,to the rejection of the
"bill for the relief of Nehemiah Garrison of Cherbk-ee jbounty
and for other purposes.
The bill was tnen withdraw.
Mr. SpraybOtty moved to reconsider so much of the Jour-
n$il of yesterday, as related to the passage of the-bill relative
to the penalty for carrying concealed weapons.
Upon this qtlestion Mr. Holmes required the yeas and
nay|3* to he recorded.
There a^e years 46; There are nays 76.
260 JOURNAL OF THE HOUSE?.
Those who tsofpd in the affirmative are Messrs.
Allen. Glraham,
Brown of Houston,Hardin,
Broyles,
Brewton of Tafi
nail,
Cause/,
Coleman,
Conley,
Delony,
Dixon,
Echols,
EMmgndson,
Ely,
Finney,
Glass
Goodman,
Hartridg^,
Holmes
Hutches,
Johrfspn,
Key,
Lofton,
Ragsdale,
Screyen,
Selman,
Sbarpe,
^mith of Towns,
Smith of Twiggg,
Sprayberry„
Strickland,
McDonald of Lump-Sweat,
kin, Tapley,
McDonald of Mur- Tatum,
ray, Thrasher,
McLendon, Turner,
Mitchell. Wicker,
Mullens, Williams of Ifltsco-
Patton, gee,
Price, Woffold,
Those who voted in the negative are Messrs:
Anderson, Henderson of Perry,
Bhrksdale, Worth, Pilch,er,
Batigh, Herrington, Register,
Blakey, Hockenhull, Reeder,
Bivins, Holden, Rentier,
Brinson, Holland, Rhodes,
Cason, Hopkins, Richards,
Clark of* Elhert, Howell of Lowndes,Rozier,
Clarke of Mpfiroe, Howell of Milton, Scott
Hurst,
Jones of Mitchell,
Jones of Rabun,
Kelling,
Selly,
Knox,
Lester,
CoTvard,
Cullens
Dahiels
David,
Ehefhartj
Ector,
Fain of Gilmer,
Rain of Union,
Fannin of Morgan, Rumsden,
Fannin, of Trouji, Mays
F^rnell, McCants,
Rlgming, McEver
Gay, * Mintz,
(Gibson of Rich- MeRea^
jnond, MorUs,
Grovensteine, Nobles,
Harper of Hem*y^ Norwood,
Henderson of Henry
So the motion did not prevail.
Settle,
Simms,
Smith of Bryan,
Smith of Coffee,
Sockwell,
Stewart,
Lewis of Hancock, Terrell,
Tuggle,
Walton
Ware,
Wpst,
Whaley,
Whittle.
Williams of Clinch,
Worley,
Youngs
SATURDAY, .NOVEMBER, 3ed 18,59. 261
Mr. Settle moved. to reconsider so much of the Journal of
yesterday jis relates to tlie p ass&ge ol' the bill for tlie relief
of Andrew J. Lovelady, of $ie county of Pickens .and fpr
other purposes. i
The y^afe and nays were ordered to be recorded oif this
proposition.
There are yeas 57 . Thfere are nays 72.
Those who voted in the affirmative, are Messrs:
Anderson,
Bafksdale
Biyins,
Brinsou,
Brown of Houston
Broyles,
Causey,
Clkrke of Elbert,
Clark of Monroe,
ColVard,
ColeiUan^,
Cdi^ley,
David,
Dixon,
Eberhart,
J?Mn pf Union,
Fannin of Morgan,
Fleming,
Harder of Henry Mitchell,
Hendeisson of HenryMull&ns,
Holloman, Patrick,
Horsey, Reeder,
Howell of Lowndes,Rendet,
Howell of Mifllon, Rhodes,
Hurst, Selmkn*
Hutchins, Settle,
Kelly, Sims,
Key, Smith of Hall,
Lumpkin, Snlitfi of Twiggs,
Lumsden^ Terrell,
McCants, Turner,
McDonald of Mun- Tuggle,
ray, Underwood,
McRver, Whittle,
McWhotter, Wilson,
Those who voted in the negative were Messrs :
Allan,
Baugh,
JBlakey,
, Brewton of Tatnall
Cason,
Dpok,
CulleiiSf
Daniel,
Echols,
Ector,
Edmondson,
Ely,
Fdin of Gilmpr,
Fain of Gordon,
Fannin of Trhup,
Finijey,
Fortner,
Glass Jones of Mitchell,
Gibson of Rich- Jones of Rabun,
mondj Keeling,
,Goodtnan, #Knox,
Grahagi, Martin,
Hardin, Mays,
Harper^of Sumter, McDonald ofLump-
Hartridge, kin,
Heath, McLendoi\,
Henderson of Wd'thMcRea,
Herrington,
Hockenhull,
Hogans
Holland,
Holmes,
Hopkins,
Johnson,
Morris,
Nobles,
Nobles,
Norwood,
Parksi,
Perry,
Pilcher,
Pre scott,
Pric^,
Eagsdald,
Eegister,
262
JOURNAL 0^ THE HOUSE,
Ooffea, Thrasher,
Thwns, Ware,
•Sockwell^
Spraybemy
Stewart,
>vii aity,
Williams 01 Clinch,
Wofford,
Young.
Eosibr,
Scott,
Screven,
Sharps
Tapley,
Strickland,
S\veat,
Smith of Bryan, Takim,
So the motion did not prevail.
Leave of absence was granted Mr. Smith of Twiggs, oil
account of sickness in his family.
The House yenf into Cohimittee of the Whole, Mr. Mc-
Wliorter of Greene in the Chair, on, the bill to make an ap¬
propriation to endow a chair of Natural Science and Agri¬
culture in the Cherokee Baptkt College, and for other pur¬
poses, therein mentioned.
After some time spent therein, the Committee resq, pod
reported the same back tef the ''House with an ameh]-
ment.
The report was agreed to, the bill was read the Ihirdtimfc
and «op the qhestipn of its passage, the yeas and nays were
required to be recorded.
There are yeas 42 ; There are nays 101.
Those who voted in the affirmative, are Messrs :
Alexander, Hartridge, Eegister,
Fain ofGihper,
Fain of Gordon,
Fannih of Troup,
Gibson of Bich-
Allan,
Buhgh,
-David,
Delonv,
Eehbliji,
Ely,
McDonald of Lum- Tatum,
kin,
Terrell,
brasher,
Turner,
m ond,
Graham,
Green of Cobfy
Hardin,
Harris,
Williams of Clinch
Tre^cott,
Price,
Wbfford,
Youngs
SATURDAY, DECEMBER 3rd, 1S59. 263
TJiose who voted in the negatiye, are Messrs,
I *
Anderson, Henderson qi Kew-MuUens,
Barksdale, ton, * No*bles,
Blakey, Henderson of \YorthNo r od,
Bivins, Hogans, Patrick,
BrkMn Holden, Perry,
Brpwn of Houston, Holland',
Brinson, Hdltoman,
Broyles, Holmes,
Breton of Forsyth, Hopkins,.
Brewton o&TattnallHorsley,
Pilcher,
Jagsdale.
Eteeder,
Render,
Rhodes,
Causey,
Claris, of Elbert,
Clark of Monroe,
Colvaixlj
Colenym,
Oonley,
Cook,
Cullens,
Daniel,
Dixon,
Eberfeart,
Edmctadson,
Fain of Union,
Howell of LowndesEichards,
Howell of Milton, Scott,
Hurst, Selman,
Hutchins, Settle,.
Irwinj Sims,
Johnson, _ Smith of Bryan,
Jones of Mjtchell, Smith of Coffee,
Kelly,
Key,
Kno?,
Lofton,
Lumpkin,
Lumsden,
Fannin o'f Morgan, Martin
Farnell,
Fleming,
Fihney,
Gay,'
Glass,
Goodman,
Grovensteine,
Harkness,
M ays,
McCants,'
McCohih,
Smith of Twiggs,
n
Solomons,
Stefwart,
Strickland,
vSWeat,*
Taylor, '
Toggle,
Unde'nfoock
Vanover,
Walton;
McDqnald ofMur- Ware,
Whittle,
T2I>
McEver,
McLenfon,
McRea,
Wicker,
Williams of Mus-
to^ee,
Wilson,
Wmley,
Harper of Henry, McWhorter,*
Harper of Sumter, .Mintz,
B^eatfe, Mitphel.1,
Heildersop of Henry, Morris^
»
Set the hill was los't.
Mf. Lewis of Ua'iifcpck, from the committee 011 public ed-
ucgtioil reported back the sSverad billh referijed to said com¬
mittee, with a substitute »for the whole * of* them, which a
majority of the cogimitfee recommended.
He also submitted h report with, tfee papers and other
documents therein referred to, which 'would be accompa¬
nied by a ppnority report of Mi". Strickland of Madison, and
moved that two hundred copies of the substitute, add one
2G4 JOURNAL OF THE HOUSE
thousand copies of the reports and accompanying' statistics
and documents be printed far the use of the Housa.
Also that all bills relative* to, education now pending he
referred to the committee on this subject, and mdde the
special orddr for Wednesday next; all of which motions pre¬
vailed.
The following message was received from the Senate,
by Mr. West, their Secretary, to-wit:
Mr. Speaker:—The Senate have passed the following hills
to wit:
A bill to be entitled an act, to repeal all laws under, and
by authority of whifih pedlary and itinerant traders have
been permitted to purspe their occupations in this State,
except as herein specified, and to provide and impose pen¬
alties upon each and ev^ry person, who may alter this
act, is provided to lake effect, be detected in the violation of
the provisions thereof, and for other purposes therein speci¬
fied. Also*,
A bill to be entitled an act, to alter and change the times
of holding dlie Superior Courts of the counties of Wilcox,
Telfair, Irwin, "Berrien and Glynn, and for other purposes
therein named, Also,
A bill to be entitled an act, to change the time of hblding
the Superior fcourta of the coun\y of Pierce. Also,
A bill to be entitled an act, to authorise the. Ordinary of
the county of DeKalb to ^pay arrbarges due J. F. Buchanan,
a teacher of poof children in salcL county for the year jS53.
Also,
A hill to be entitled an act, for' the relief of W. F. C.
Faulkner oFMadison county. Also,
A bill to be entitled, an act to incorporate the Vernon
Shell Road Company, &c. Also,
A hill to be entitled ah act, to legalize un,d enforce the
bperations of the Board of Pbliee for the i5th, Dist. G. W°f
the county of Liberty, to confer upon the same, certain
rights, powers and pivileges therein mentioned, hnd to es¬
tablish by law the system of motmted police, now mention¬
ed in said Ifistrict.
The Senate has also passed the following bills of the
House bf Representatives.
A bill to be entitled an act for the relief of the legatees
of Wijliam Watson,, detv Also,
A hill to he entitled an art, to incorporate a corps of In¬
fantry in the town ©f Fort Vfilley.
And also1 to incofpyrate the Oglethorpe Light infantry
SATURDAY, DECEMBER 3E^? 1859. 2&5
of Savannah, and to cOnfy certain £>rrvilege^ on the teame,
with an Amendment, in which amendment they ask.th.6 con¬
currence of the House.
Tfhe Senate has also concurred j.u an amendment of the
Hohfed «of Representatives, to
A bill of the Senate to be entitled an act, to incorporate
the Trustees of the Presfiytrrihri Church in the town nf Per¬
ry, Houston county, and to incorporate Amerious Lodge,
Nof 13, of Free and, Accepted Masons of the city of Ameri-
cus Sumter county,- Georgia.
!JT,he following message was received frpm His Exoellen-
cy the Governor, by» Mr, Campbell, his Secretary, jfcb wit:
Mr% Speaker: Inni directed by His Excellency the Gov¬
ernor, to lay before "this branch of the General Assembly a
communication in writing, relative to the boundary line be¬
tween. Georgia and Florida, together with the»3ceompahy-
ir\g correspondence.
The following message was received from His Excellen¬
cy tfie Governor by Mr. Campbell liis Secretary, to*wit:
Mr. Speaker: The Governor has sighed the following
bills:
A bill to incorporate the Luoy Cobft Institute for the ed¬
ucation gf young ladies in the "town of Athenh,
A bill to authorize the Administrators of Williaho. ($, An-
dferson, decease^, ahd of Thomas Fqver, deceased, tesejlthe
reaj estate of said deceased, and for other putpbses.
A bill to allow Nicholas A* Long of the State of Flprifla,
to obtain letters testamentary according tp the law§ now in
force in this State, upon the estate of John Long, deceased,
of Washington county.
A bill to consolidate the offices of Tax Collector and Tax
Receiver, of the county* of Irwnn.
A bill for the relief pf sedurities upon bonds of substituted
Trustees, and for othbr purposes therein named.
A bill to protect and encourage the election of artificial
fish ponds^and to make trespass upon the same pengl, fhd
pther purposes.
Also a resolution to authorize the Governor to suhspribe
for the public laws, in pamphlet form, of the present session.
The following message was received from His Excellency
the Governor, by Mr- Campbell, his Secretary, to-wit:
Mr. SpeakerI am directed by His Excellency the Gov¬
ernor to return to this branch of the General Assembly from
266
JOUK&AfL OF THE HOUSE,
whence it originated, the bilT entitled an act, for yie relief-of
Virginia Louise Howell, «of the county of Hancock, accotar.
panied with a communicationhn writings
The following message waj3 receiyed from the Senate by
Mr. Wdipt, their Secretary t
Mr. Speaker :—The Senate has passed,
A bilk to be entitled, an. act to incorporate the town of
Mohltrie, in the county of Colquitt, and to confer certain
privileges and powers o-n the commissioners, and to amend
thd'Sdyeral aots incorporating the city of Koine, ana to con¬
fer certain privileges 011 tlie Mayor arbl ^Council ot the city
of Albany, and to amend the aqt incorporating the towft of
Monticqllo in the county of Jasper, fend* fot other purposes
therein ♦mentioned,
The' Senate has also passed the following bill whieh.1 am
directed to transmit forthwith tq Hie House of Representa¬
tives, to.wit;
A bill • to be entitled, an act to regufates. Jlie Agencies Of
Foreign Insurance Companies, and to provide »for the ap¬
pointment of an Insurance Commissioner.
Mr. Havid from the committee on enrollment reports as
duty enrolled and ready for the signature of t^e Speaker Of
the House of.Representatives :
An acjj for the relief of a portion of the legatees of "Win.
"Watspn, deceased".
Tlikfollpwing Messagb was received from the Senate by
Mn Wegt, their Secretary:
Mr. Speaker:—I am directed by the Senate forthwith tp
inform the House of Representatives £hat ^ey have agreed
to Et I'esolut^oil <f®r tlie purpose of appointing a committee to
examiqe fhe census taken during the present year, and as¬
certaining the 67 counties having the greatest representa¬
tive population, &c., in which they ask the concurrence of
the House.
I4i pursuance of Which resolution Messrs. Eyans, Seward
and Gartrell, have been appointed that comrpittee on tho
part of the Senate. •
The House aaTjourped until of clotK, P. M.
SATURDAY, DECEMBER 3rd, 1S59. 267
3£ O'CLOCK, P. M.
The House met.pursuant to adjournment.
The House went into committee of the Whole, Mr. Lewis
of Hancock in the chair, on the hill to provide for the pur¬
chase and manufacture of arms for the State, and for other
purposes therein named.
And the hill to lend the bonds of the State of Georgia to
Mark A. Cooper, for purposes therein specified,
The committee on Military Affairs reported as a substitute
for the foregoing bills, „ » *
« A bill to* provide for the establishment of a Foundry and
Armory, for the manufacture of Ordnance and small arms and
to appropriate money for the same, and for other pur¬
poses.
The committee rose and through their chairman reported
the original bills, ' and proposed substitute Rack t<5 the
House.
Mr. McWhorter,. offered as a substitute for the original
bills and substitute of the committee on Military Affairs,
A bill to appropriate one hundred and fifty thousand dol¬
lars, fof the purpose of erecting an armory in this State.
Mr. Strickland, moved the adoption of dhe Substitute of
Mr. McWhorter, and upon this called the previouis question
wfiicli was seconded.
The yeas and nays were recorded oh tiny main ques¬
tion,.
There are yeas 50. There are nays '95.
Those who voted in the affirmative are Megkrs:
Bivins, Hollomon, Render,
Causey, Hopkins, Scott
Clark of Elbert, Howell of Lowndes,Screven,
Clark of Monroe, Howell of Milton, Settle, *
Fannin of Troup, Hurst, Smith of Bryan,
Delony, ' Kelly, Smith of Twiggs,
Eberhart, Key, Strickland,
Ector, Lumsden, Tapley,
Fannin of Morgan, MeCants, "Taylor,
Farnell, McWhorter, T errell,
Goodman, Mitchell, Toggle,
Grovensteine, Mu'llens, Ware,
Harkness, Patrick, Whittle
Hartridge, Perry, Wicker,
Heath, Prescott, Wilson,
Henderson of Hen-Ragsdale, Young.
ry, Reeder,
Henderson of New-
toil.
26S
JOURNAL OF THE HOUSE.
Those who voted in the negative are Messrs :
Alexander,
Allen,
Andersoip
Baugh,
Blakey,
Brinson,
Hardin,
Harper of Henry,
Harper of Sumter,
Harris. ,
Henderson of
Worth,
Brown of Houston, Herrington,
Broyles,
Bruton of Forsyth,
Cason,
Colvard,
Coleman,
Conley,
Cook,
Cullens,,
Daniel,
David,
DeLamar,
Dixon,
Echols,
Edmondson,
Ely,
Fain of Gilmer,*
Fain of Gordon,
Fain of Union,
Fannin of Troup,'
Fleming,
Hockenhull,
Holland,
Holmes,
Horsley,
Hutchins,
Johnson,
Jones of Mitchell,
Jones of Rabun,
Kelly,
Knox,
Lewis of Greene,
Lewis of Hancock,
Lester,
Lofton,
Lumpkin, '
Martin,
Mays,
McComb,
hi orris,
Nobles,
Norwood,
Parks,
Patton,
Pilcher,
Pitts,
Price,
Register
Rhodes,
Richards,
Rozier,
Selman,
Sharpe,
Sims,
Smith of Coffee,
Smith of Hall,
Sockwell,
Spraybeny,
Stewart,
Sweat,
Tatum,
Thrasher,
Turner,
Underwood,
McDonald of Lump-Walton
Gay,
Glass,
Gibson of Rich¬
mond,
Graham
Greene of Cobb,
W est,
Whaley
Williams pf Clinch,
Williams of Musco¬
gee,
Wofford,
Worlev,
kin.
McDonald of Mur¬
ray,
McEver,
McLendon,
McRea,
Mintz,
So tla,e substitute of Mr. McWhorter was not adopted.
Mr. McWhorter, then moved the indefinite postponement
of thp original bills and substitute of the committee on Mili¬
tary Affairs.
Upon this motion he palled the previous question which
was seconded, but the motion to«postpone was lost.
Mr. Hartridge, offered as a substitute for the original bills
and first substitute,
A bill to authorize the Governor to purchase arms for the
use of the Volunteer Companies of tips State, and for other
purposes therein mentioned.
Mr. Lumsdeu moved the adoption of the substitute of Mr.
Hartridge, and,upon this called the previous question which
was seconded. *
The yeas and nays were recorded on the main ques¬
tion.
Saturday, december sei>, 1559. 269
There afe yeas "06, there are nays 76.
Those «who vofed in the affirmative are Messrs:
Barksdale, Henderson of New-Prescott,,
Biyins, ton, Ragsdale,
Brown of Houston,Herrington, Reeder,
Bfuton of F^syth, Holloman, Render,
Brewton of Tatt- Hopkins, Rhodes,
nail, Horseley, Rosier,
Cason, Howell of Lowndes,Scott,
Caud^y. HowelT of Milton, Serpen,*
Clark of" Elbert, Hurst, Selmali,
Clarke of Monroe, Jones of Mitchell, Settle,
Colvard,
Conley,
Delpny,*
Dikon,
Eberhart,
Ebtor,
Fain of XJhion,
Kelly,
Lofton,
Lumsden,
•Martin^
McCants,
McRendon,
McWhdrter,
Fannin of Morgan, Mitchell,
Goodman, Morns,
Grovensteihe, $Iullins.
Harper of Sumter, Patrick^
Hartridge, Perry,
#Hea1th, Pitts,
Sims,
Smith of Bryan,
Smith of Tyfrggs,
Stewart,
Strickland,
Taplew
Terrellr
Tuggle,
W are,
Whiffle,
Wicker,
Wilson,
Young,
Those who voted in the negative are Messrs :
Alexander,
Allan,
Anderson,
Baugh,
Blakey,
Brinson,
Broyles,
Coleman,
Cook,
Cullens,
Daniel,
David,
DeLamar,
Echols„
Edmondson,
Ely,
Fleming, Lewis of Greene,
Gay, Lewis* of .Hancock,
Glass, Lester,
Gibson, of Richnt'ndLumpkiu,
(Gaaham, Mays,
'Green of Cobb, McCornb,
Hardin, M cD onald of Tump-
H a;rper of Henfy, kin,
Harris, # McDonald of Mur-'
Henderson of Hen- ray^
ry, MpEver,
Henderson of W0rthMcRea,
Hobkenhulf,
Holland,
Hhlrne^
Hutqjhins,
Fain*of of Gihner,. Johnsoh,
Fam of Gordon,, Jones of Rabun,
Fannin of* Troup, Keelfng,
Farnell, 3£nox,
Mintz,
Nobles j
Norwood,
Phrfis,
Patton,
Pilcher,
Price,
Register,
270
JOURNAL, O^P THE HTQU^EV
Richards,
Sharp©,
Sifiith of Coffee,
Soc&well,
Sprayberry,
Tatum,
Tpyfor,
Thrasher,
Turner1,
Uildbrwood,
Walton,
West,
Whaley,
Williams of Clinch,
William's of Musco-
Watford,
\%oiiey,
So the same was ndt adopted.
The question recurring upon the adoption of the substi¬
tute of tire committee on. Military Affairs.
* » j
Mr. Smith of Bryan, called the previous question which
was sustained1.
The y?as and nays were „redorded on the main ,qiies-
tion,
There are ye^ts 72. There are nays 71.
^Those who voted in the affirmative are Messrs.
Alexander, Hartipdge, Norwbod,
Allan, Heath, Parks,
Anderson,* Henderson ofWorthPattoh,,
Brewjon of Tatt- Hockenhnll, Pilcher,
n$Jl, * Holland, Price,
Colqman, Holmes, Register,
Cook, Howell of, Lowndes,Richards,
Cullens, Hutchins, Screven,
DeLamar, Johnson, Skarpe,
f>elo,ny, Jones of J|M>un, SmifhVf Coffee,
Echols, Keeling, Smith of Towns1,
Hdmoildson, Krtqx, Spckwell,
Ely, * Lpwis of Greene, Sprayberry,
Fym of Gilmer,! Lewis of Hancock, Sweat,
Fain of Gordon* Lester, Taium,
Fain of Union, M&ys, Terrell,
Fanpip of froup, McComb, Thrasher,
Fleming, McDonahfof Lump-T timer,
Gay, kin, West,
Glass, McHonald, of Mur- Whaley,
Gibson of Rich- • ray, Williams of Clinch,
mond<t McEver, Williams of Hus'gfee
Graharp, McRga, Wofford,
Ilardifi, Mintz, Wofle^,
Harris, Nobles,
SATURDAY, DECEMBER 3kd, 1859. 271
Those who voted in the negative ^re Messrs.
Ba^ksdale, Henderson of NeW-Reeder,
Blakeyx ton,
Bivins, Herrington,
Hrin^on^ Hogans,
Rrowh of Houston,Holloman,
Bjoyles, Hopkins,
Bruton of Forsyth, Horsley,
' Howell of Milton,
.Hurst,
K-eRy,
Key,
Lofton,
Lpmpkin,
Ltimsden,
Martin,
McCants,
McLendon,
Cason,.
Cdusey,
Clarke of.Elhert,
Clarke of Monroe,
'Colvard,,
Conley,
Daniel,
Dixon,
Eherhart,
Ector,
f annin of Morgan, McWhorter,
F arn ell, Mitchell,
■Goodman, 4 Morps,
Green of Cobb, Mdllins,
Groyenstein, Perry,
^Harper, of Henry, Pitts,
Harper, otf Siguier, PreScott,
Henderson of Hen- Ragsdale,
ry>
So Ike first sqb^itute wag adopted.
The report th-creon was agreed to,» *the bill yas read
the third time, and on the question of its passage, t]ie yeas
and nays' werq required to be reporded.
There aie yeas 65. There are nays 7*7.
Those whd Voted iu the affirmative are Messrs :
Render,
Rhodes^
' Rosier,
Scott,
Selman,
Settle,
Sims,
Smith of Bryan,
Smith of Twiggs,
Stewart
Stripkland,
Tapley,
Tayfor,
Tpggle,
Underwood,
Walton,
Ware,
tYhitt^e
Wicker,
WilsOp,
Young,
Alexander,
Allan,
Anderson,
Bhwgh,
Cason,
Cpleman,
Cook,
Cullens,
Savid,
eLaipar,
Delony,
"Echols,
Edmonds on^
Ely,
■ Fam of Gilmer,
Fain of Gordon,,
Fannin, of Tronp,
Fleming,
Hay*
Glass, #
Gibson of Rich¬
mond,
Graham,
Hardin,
•Harris,
Henderson of Wdrth
Ho»ckeliiitill,
Holland,
* Hblpies,
Hutchins,
Johnson,
Jones*of Rabttn,
Keeling,
Knox,
Lewis of Gidene,
' Lewis of Hancock,
272
JOURNAL OF T,HE HOUSE,
Leister, ^arks,
Mays, Patton,
MdComb, Pilpher,
McDonald ofLuihp-Price,
kin, # Register,
McDonald of Mhf-Ricnards,
ray, Screven,
McEver, Sharpe,
McRea, Smith of Coffee,
Mint^;, Sockwell,
Nobles, Sprayberry,
•Sweat,
Tafuni,
Thrasher,
Turner,
Whaley,
Williams ef Clinch,
Williams of Mts-
cogee,
Wofford,
Worley,
Young,
"Those who voted in the negative*are Messrs.
Batksdale, Perry, Hartridge,
Blakey, tieath, Pitts,
Bivins* Henderson qf Hen^Prescott,
Brinson, ijy* « Ragsdale,
Brown of Houston,Henderson of New-Reeder,
Broyles, ton, Render,
Brutqn of Forsyth, Herrington, Rhodes,
Bre\kton of Tatt-Hogans, Rqsier,
nafl, Holloman, Scott,
Causey, Hopkins, Seknan,
Clark of Elbert, Horsely, Settle,
Howell of Lpwndes,Snns,'
HowelPof Miltdn, Smith of Bryan,
Clark of Monroe,
Colvard,
Conley,
Daniel,
Dixon,
Eberhart,
EctoV,
Eaih of tlhion,
Hurst,
Kelly,
Key,
Lofton,
Livnpkin,
Lunrsden,
Eannin ibf Morgan, Martin,
Fhrnell, McCants,
Goodman, McLendon,
Greene of Cobfy McWhorter,
G^ovensteine^ Mitchell,
Hardness, Motris,
Hatper of Henry, Mullins,
Platper <of Sumter, Norwood,
Sihithof Towns,
•Smith of Twiggs,
Stfewart,
Siickland,
Tapley,
Taylor,
Terrell,
Toggle,
Underwood*
Walton*
W are,
Whittle,
Wicker,
Wilson,
So thp Bill Wets lost, and the House adjourned until 9 |
p'clopk A- Monday.
MONDAY, DECEMBER 5th, 1S$9.
The ifohse met pursuant to adjournment*
t)n motion of Mr. Fanhin, of Troup, so much of the
journal of Saturday was re-considered as relates to the ne-
MONDAY,* ^DECEMBER 5th, 1859. 373
lection of the bill to appropriate money to endow a Chair of
Natural Science and Agriculture, in the Cherokee Baptist
College and for other purposes therein mentioned. The
saihe was withdrawn from tbh further consideration of the
House.
Mr. "Ely moved to reconsider so much of the Journal of
Saturday as relates to> the rejectioii of the bill to lend the
hdnds of the State of ^eorgia to Mark A. Cooperj and the
hill to astahlish an Armory in this State, and the several
substitutes offered thereto.
Upon this 'proposition the yeas and Bays were required tcf
be recorded*
There are yeas 61. There are nays 8p.
Those who voted in the affirmative are. Messrs:
Hatdin, Morris,
Harris, Nobles,
Henderson of Worthjarks,
HockenhBll, Price
Holden, Register,
Holmes, Sharpe,
Horsley Smith of Ooffee
Hutchms, Smith of Hall,
Johnson, Smith of Towns,
Jones of Mitchell, Sockwell,,
Jones ofRabun, Sprayberry,
Knox,, Swea^'
Lewis of Hancock, Thrasher,
Lester, Whaley,
McDonald of Lump-Williams of Clinch,
1-'- Williams of Mhsco-
kin,
McDonald of Mur- gee,
ray, Wilson,
MbEver, Wofford,
McRea, Worley,
Allan,
Anderson,
Baugh,
Broyles,
Cqlenfan,
Cook,
Culfens
Dayid,
DeLaifiar,
Dixon,
Echols,
Edmondson,
Ml7>
Fain of Gilmet,
Fain of Gordon,
Fannin of Troup,
Fleming,
Fortner,
Gay,
Glass,
Gibson of Richm'ndMintz,
Graham,
Those who Toted in the negative are Messrs.
Alexander, Clarke of Monroe, Fannin of Morgan,
Barksdale, Colbert, Farnell,
Blakey, Conley, Goodman,
Bivins, Panier,# Greene* ofQobh.
Brown ot Sumter, Delonyv Groveiisteine,
Brewtonof TatfnallEarle, fTarknetes,
Cason, Eberhart, Harper of Henry,
Causey, Ector, Harper of Sumfer,
Clark of E|b6rt,
18
Youug.
Fain of Uniooj Hart rid,
274
JOURNAL OF THE HOUSE.
Heath, McCants,
Hepdefsom off-IenryMcGaK
Henderson ofKthv'nMcLendon,
Herringtttn, McWhorter,
Hicks, Mitchell,
Holland, Mullens
Holloman Norwood,
Hopkins, Patrick,
Howell of Lowndes,terry,
H owell of Milton, Pilcher,
Udrgt,
Keeling,
Kelly,
Key,
Lewis of Green,
Lofton*
Lumpkin,
Lumsden,
Martin,
Pitts,
Prescott,
Ragsdale,
Reeder,
Render,
Rozief,
•Scott,
Screven,
Selman,
Settle,
Sims,
Smith of Bryan,
Solomons,
Stewart,
Strickland,
Tapley,
Turner,
Tuggle,
Upderwood,
Yanover,
Yaughn,
Walton,
Ware,
West,
Whittle,
Wicker,
So the motiorf did npt prevail,
Mr« Fester moted to re-consider so much of the Journal of
yesterday as rebates to the refusal of the House to adopt tho
substitute offered by the committee on Military Affairs, for
tb e two original, bills mentioned.
This motion was lost.
Mr. Hartridge*moved to re-consider so much of the Jour¬
nal of Saturdays relates to the Rejection of the substitute
pffered by hhn for said original bills.
Ujaud this proposition the yea$ and days were requirecfto
bfc recyftled.
There are yeas 02. fhep ard nays 56.
Those who yoted in the affindative aie Messrs.
Alexander.
Anderson,
ByrksdAle,
Blakely,
Bivins*
Conley,
Qullens,
David,
Delony,
Dixon,
BpnVri of Sulntpr, Fberliart,
Broyles, Ector,
Bruton of Fbrsyth. Ely,
BresVton of Tafnalb Finney,
Cason* Fortner,
Causey, Goodman,
Olark of Flbert, .Green bf Cobb,
Clark of JMompe, GroVedsteihe,
Cplvard, Harkness,
Harper of Sumter*
Uartridge,
Heath.
Henderson of Kew-
ton,
Henderson of Worth
He^rington*
Hogans
Holland,
Jlolloman,
Holmes,
Hopkins^
Hartley,
Howell of Lowndes
MONDAY, DECEMBER 1859.
275
Dowel! df Milton,
Hurst,
Kelly,
faster*.
Lofton,
Lumpkin?
Luitasden.
Martin,
McCants,
McLendon,
McWhorter,
Mitch^li,
Mortis,
Nobles,
Norwood,
Patrick,
Perry,
Pitts.
Pagsdale,
Register,
Render,
Render,
Rozier,
Scott,
Screven,
Settle?,
4L.
Sims,
Smith, of Bryan,
Smith Of Coffee,
Sockwell,
SolomonS,
Sprayberry,
SiewaVt,
Strickland,
Sweat,
PrOscot t,
Tapley,
Tatuim
Taylor,
Terrell,
Turner,
Thgglg,
Vaughn,
Walton,
Ware,
West,
Whaley,
Whittle",
Wictef,
Wilson,
Young,
Those who voted in the .negative are Messrs.
Allan,
i Baugh,
, Coleman,
| Qook,
Daniel,
DeLamar,
Echols,
| Edmondson,
Pain of Gilmer,
,Eain of Gordon,
'Fain of Union,
Hayrijs, McEyer,
Henderson of Henry Mc^ea,
Hicks*, Mintz,
HoekOnhull, Mullins,
Holden, Park?,
Hptchins, JPatton,
Johnson, Pitcher,
Jones-of Mitchell, Price,
Jone^ of Rabuh, Selman,
Keeling^ Sharpe,
Key, Smith ofJElall,
Fannm of Morgan, Knoy, Thrashef,
Fannin of Txoup, 'Lewis of Greene, Underwood,
Fgtrnell, Lewis of Hancock, Williams' of Clinch,
Fleming, Mays, Williams of Musco-
Gay; McComb, gee,
E Dlass, McDohald of Lump-W offord,
Gibson of RichmM, kin, Worley,
Graham, McDonald of Muu-
f Hardin, ray,"
Harper, of Henry,
So the motion prevailed.
The following message was received from the Senate, by
Mr. West, their Secretary. *
ilfh Speaker » The! Senate Imte passed the following bills
of fhe House of Representatives, with amendment?, in
'which they hsk the concurrence of the House, to wit:
276 JOURl^AL OF THE HOUSE.
A bill to be entitled an act to incorporate the Rtowah and
Anraria,Hydraulic Hose Mining Company. J
Also a bill to be entitled an acLto amend an act entitled
an act to* incorporate the Yahoola Rive* and Cavfe Oleek
"Hydraulic Hose Mining Company* assented to Utn Decern^
ber 1858.
The following message was received from His Excellency1
the Governor, by Mr. Campbell, his Secretary.
Mr. Speaker: The Governor has signed the following bills,
to wit:
A bill to reduce the Sheriff's bond, in the county of
White,
A bill to amend a act entitled an act to incorporate the
Columbus Saving and Mutual Loan Association, approved
March? 1st, 1856. *
A bill fpr the? purpose of changing the time of holding the
Inferior Courts of Terrell county*
A bill to amend an act passed "by the General Assembly
for the year 1857, granting certain, powers and privileges to
the Griffin Light Guard", of the city of Griffin, Spaulding
nounty, Georgia, assented to December 22nd, 1S57.
A bill to amend an act to incorporate the totyn of Fort
Valley, in the county of Houston* and to provide for the
election of Commissioners/or the same, approved March 3d,
1856.
A bill fo repeal an act entitled pn get tq amend an actio
regulate the Tavern License in this State, approved Decem¬
ber 15th, 18Q9, so far as the same relates to the ctmnty of
Wilcox.
A bill to entitle the receiver of tax returns, of the County
of Chatham^ to a commission on the extraordinary tax lev¬
ied by the Justices ef the Inferior Court of said county, for
county purposes.
A bill to authorize the Inferior Court of Richmond county
to levy an extra tax for the erection of public buildings.
A bill to alter; and amend the road laws of this. State;, so
far as relates to the county of Harris,
A bill for the relief of John F. Jackson, and ether purpo¬
ses therein mentioned.
Also the following resolutions:
A resolution, requesting our Senators and Representa¬
tives in Congtess, to re-open a pertain mail line therein men¬
tioned*
A resolution Appointing a Committee of three from this
House to cO-qperate with such qommittee as may bp ap
pointed by the Senate, to examine and ascertain what, if
MONDAY,' DECEMBER 5*H, 1859. 277
any additional furniture is needed in the Executive man¬
sion.
On motion of jNfr. Delony, the Senate amendments* to the
bills of the House, to amend an act entitled an act to*ihcor-
porate the Yahoola River and Cade Creek Hydraulic HO'se
Mining Company, assented ]jo 11th December, 18&8, arfd
The hill to incorporate the Etowah and Amnaria Hydrau¬
lic Hose Minihg Company, were taken up and concerted, in.
Mr. Screven withdrew the hill relative to the sale of irthe
old Greene Montiment, the committee, to'whom it was refer¬
red havipg reported against its passage.
Mr. Screven presented the report 6f the committee on
the Lunatic Asylum, two hundred dopies of which were-op-
dered to be printed for the u§e of the House. # #
Mr. Lewis, °f Greene, offered the report of the Finance*
Cortimittee, which was made, and two hundred copies there¬
of ordered to he printed for the use ©f the House.
Mr. Gibson, of Richmond, offered the following resolution,
which, oil motion, was taken up, read and agreed to, £o wit-
Reqplved, TJiat the Speaker do appoint a committee of
three to confer with a like committee from the Senate, to
consult as to the propriety of extending the present session.
The pommiitee appointed hy f irtue of the same, consists
of Messrs. Gibson, David and Delonv.
The rifles werd suspended and the House took up the re¬
port of the Committee on the hill for the pardoif of Thom¬
as *C. \VhitWorfh, of the county of Chattooga? now under
sentence of death for tlie crime of Murder.
The report was agreed to, the bflbwas read the third time?
and on the question of its passage the yeas^and nays being
recorded,
There are yeas 80; there are nays 50.
Those who voted i,n the affirmative are Messrs:'
Alexander, Eberh&rt, HartridgC,
Allen, Ector, Her^iiigton,
And,erson, Fain of Gordon, Hicks,
Barksdnle,* Fannin of Troup, Hob^enhull,
Blakey, Fdrmell, Hogans,
Brewton, of For- Fortner, Golden,
«yth, Glass, Hollahd,
Brewtdn of Tatt- Gibsoh of Rich- Hoflo^ian,
nail, mond, flolmes,
Casoii, Graham, 'Hopkins,
Coleman, Grovensteine, HojsTey,
Cujlens, Hardin,. Howell of Milton,
DeLamar, Harper of Hbqry, Iiurst"^
Delony, Harper of Sumter, Hutchins,
278 JOURNAL OF THE HOUSE.
Johnson, Patrick, Strickland,
Jones of Mitchell, Patton, Sweat,
Bey, Perry* Tapley,
TZn,(k, Pitts, Tatum,
Lofton, Prescoft, Taylor,
Lthnsden, Price, Terrell,
Mays, Reeder, Turndr,
JtfcjQomfc, Rozier, Unde^ood,
MdDonald ofLum'nScreven, Vanover,
McEver, Salman; Walt oh,
Mfntz, Sockwell, Whaley,
Morris, Solomons,, Whittle^
l^Obles, Sprayberry, W-offard,
Nprwoq,d," Stewart,
Those wbo voted in the negative are Messrs.
Baugh, Howell o^LowndesJlegister,
Bivnls, Jones of Rabnn, Render,
Brown of Sumter, Kelly, * ^ Scott,
Olarkot Monroe, Lewis-of Greene, Settle,
Oolvald, Lewis of Hancock, Sims,
Conley, Lpster, Smith, of Bryan,
♦Hanielt Lumpkin, Smith of Hall,
David, Martin, Thrasher,
Dixon, McDonaljl of Mux- Toggle,
Ely, pay, ' Vaughn,
Fhin of Gilmer, McLendon, Ware,
Fain of Union, McRea West,
Panoin of Morgan, McWhorter, Williams of Musco-
Einney, Mitchell, gee*
Gay, Mullens, Wilson,
Goodlnan, Parks, Worley.
Green of Cobb, Pagsdale,
Harknfess,
Schtffe bill was passed and ordered to be transmitted to
the Senate without dqlay.
Mr. Ooolv 'qf Early stated that fte had paired off with
Mr. Lumsden of Talbot; Mr. Broyles^ of WhjdfiH^ with
Mf. Smith, of Tbwns, and the House excused ^rom voting
upon the foregoing Bill Messrs. Harris, of Glynn, ard Hen¬
derson of Henry.
The following Message was received from the Senate, by
Mr. West, theR Secretary.
Mr. SjtcqJicff The Senate lidve passed a bill to be enti¬
tled an act t6 provide fbt the vdhmtary enslavement of
"Free PerSbns of color, within this State."
Also, a bill to be entitled an aqt to change the jraipe of
the " Planters And Mechanics Hank, of Dalton.
MONDAY, DECEMBER 5th, 1S59. 279
The House too,k up the report of the Committee on the
hill to compel * all non-residents owning land in the county
of Worth, to give in and pay tax on the same in said coun¬
ty.
The special Committee to whom the hill was referred,
reported as a substitute for the same,' a bill fo compel non¬
residents owning lands in the State of Georgip, to give in
9,nd pay tax on the same in the county where the land lies,
and for other purposes.
Various amendments were offered and received to the
substitute.
Mr. Williams, of Muscogee moved the indefinite postpone¬
ment of the original and substitute.
Upon this motion the yeas' and nays were required, to be?
recorded.
There are yeas 77. There are nays 61.
Those who voted in the affirmative are Messrs.
Allan,
Anderson,
Barksdale,
Blakey, ■
Bivins,
Brown of Sumter,
Bruton of Forsyth,
Brewton of Tatt¬
nall,
Causey,
Clark of Elbert,
Clark of Monroe,
Coleman,
Conley,
Delony,
Dixon,
Eberhart,
Ector,
Fannin of Morgan,
Fannin of Troup,
Finney,
Gibson of Rich¬
mond,
Goodman,
Green of Cobb,
Grovensteine,
Harkness,
Harper of Henry,
Harper of Sumter,
Heath.
Henderson of Hen'y
Henderson of New¬
ton,
Herrington,
Hicks,
Holden,
Holland,*
Holloman,
Holmes
Hopkins,
Horsley
Hurst,
Kelly,
Key,
Knowles,
Loftojo,
Dump kin,
Lumsden,
Martin,,
McCants,
McLendon,
McWhorter,
Mitchell,
Mullens
Patrick,
Pilcher,
Prescott,
,Ragsdale,
■ Reeder,
Rozier,
Scott,
Selman,
Settle,
•Sharpe,
Sims,
Smith "of Hall,
Stewart,
t Strickland,
Tapley,
Thrasher,
Tuggle,
Underwood,
Y ahover,
•Vaughn,
Walton,
Ware,
West,
Whittle,
Wicker,» »
Williams of Musco¬
gee,
280
JOURNAL OF THE HOUSE.
Those whtfvoted in the negative are Messrs.
Alexander, Hockenhull, Nobles,
Baugh, Hogan, Parks,
Broyles, Howell ©f Lowndes, Patton,
Cason, Howell of Milton, Pepy
Oook, Hutchips, Price,
Gullhns, Johnson* Register,
Daniel* Jones 6f Mitchell, Screven,
David, J toes of Rabun, Smith of Bryan,
PeLam&r, Keeling, Smith of Coffee,
Echols, Knox, Smifh*of Towns,
Edmondson, Lhwis pf Greene, Sockwell,
Fain of Gilmer, Lewis of Hancock, Solomons,
Fain *of Unjon, Mays, Sweat,
Farnell, McDonald of Lump-Taylor,
Fleming, kin, Terrell,
Fortner McDonald of Mifr-Whaley,
Gay, ray, Williams of Clinch,
Gfessj, McEyer, Wilson,
Graham, McRea, Worley*
Harris, Mintz, Wofford,
Hartridge, Morns, Young,
Henderson ofW'rfh,
So the motion to postpone prevailed.
Mr. tlavid from the committee on enrolment reported as
dtily ehrolled and signed^ bv the President of the Senate, and
ready for the signature of the Speaker of the House of Rep¬
resentative^
An act to incorporate thp Trustees of the Prfesbyterian
Church in *the town of Perry, Houston, couptjh And to
incorporate Americus Lodge (No. 13) of Free and accepted
Masons^ of the city of Ameri,cus, Sumter county, Georgia.
The sevei.il House bills relative to free persons of col,or
in this State, were laid on the, foible for the present.
The jSenqte hill to provide for the voluntary enslaye-
ment«of fto persons of color within this State was, on mo¬
tion of Mr. Dixon of Muscqgpe, taken up and read the first
time.
Leate of absepcg was granted Messrs. Rhodes and Joyn-
er, on account of (sickness.
The House adjourned until o'clock, P. M.
bi O'CLOCK, P.
The Horn o met pursuant to adjournment, and took up the
repott of the committee on thp reconsidered bill of the House
to amend the law in relation t6 pleading arid amendments
thereof, and for othnr purposes, therein mentioned.
MONDAY, DECEMBER kii, 1859. 281
'The committee on the Judiciary reported adversely tb
the passage of the? same. Upon the Question of agreeing to
the report, the yeasn and nays .were required to he recorded-
There are yeas 73. There are nays 56.
Those who voted in the affirmative are Messrs.
Allan, Hartridge, McEver,
Anderson, Heath, McLendon,
Bakeley, Henderson of4 Ilei-McRea,
Rrpwn Of Summer, ry, Mifohelf,
Broyles, Henderson, of Norwood,
Brewton ofTatthall Worth, Noblek, *
Cason, Herjington, Perry,
Causey, Hockenhull, Pitts,
Oolvard Hogans, Prescott,
Conley, Holden, Register,
Cook1, Holloman, Scott,
Cullens, Hopkins, Screven,
Pavid, Howel of Lowndes Sblman,*
DeLamar, Hurst, Smith of Hall>#
Delony, Irwin, Sockwell,
Dixon, Johnson, Solomons,
Ector, Jones of Mitchell, Stewart,
Edmondson, Kelly, Thrasher,
ply. Key, * juggle,
pajrnell, Knox% t Van oyer,*
Finney, Lewis of Qreene, Vaughn,
Goodman, Lewis of Hancock, Ware,
Grovetfsteine Lester, Whaley,
Hardness, Lumpkin, Wicker
Harper of Henry, ilartin, William^ of Clinch,
Maysr Young,
Those whd foted in the negative, are Messrs.
Alexander, Fleming, McDpnald of Lump-
Bark^dale, Fortner, kin,
Baugh, Class, McDonald ©f "Mur-
Bivpns, Graham, "ray,
Bruton of Forsyth, Greene of Cohb, MoWhorter,
Clark of Monroe* "Hardin, Mintz, ,
Coleman, ' Harris, Mullins,
Daniel* Henderson of New-Paries,
Eberhart, ton, Patrick,
Echols, Hofland, Patton,
Fain of Gilmer, Holmes, Pilcher,
Rain of Gordon, Horsley, Price,
Fain uf Union, Hutchins, Ragsdale,
Fannin of Morgan, Keeling, Reeder,
Fanniir pf Troup, Lumsden, Settle,
282 JOURNAL OF THE flOUSE,
$harpe,» Sweat, West,
Sims, Tatuta, Whittle,
jSmitb. of Bryanj Taylor, Wofford,
Smttjtiof Towns, Turner, Worle^,
Sricklaaid, Urlderwood.
So the report was*agreed to, and the hill was therefore
tost. 9
The House took up and* concurred in the Senate amend¬
ments to the "hill of the House, todncorporate the town^tfjf
Hawkinsyillo, in the county of Pulaski^ to appoint Commis¬
sioners for the same, and to confer certain plowers upon said
(jommissinqrs,
On motion of Mr. Ragsdale, the hill pf the House for the
relief of Qharles Whitlock of DeKalb- cotinty. was taken up
and referred to a special committee consisting of, Messrs Rags-
dale, , Gibson, Lester, Harfridge and Williams of Muscogee.
The House went into Committee of the Whole, 1%
Fannin of Morgan in the Chair, on the Bill to reimburse
the ^county of Early for monies expended in arresting th,e
spread pf Small* Pox.
The report was agreed to, the bill was read the third time
apd lost. «
The Hon^e hook up the report of the committee, on the
bill*to alter and amend the 3d, 7th and 12th sections pf tfe
first article of the Constitution^ this State ; anothef of sim¬
ilar ft^e reported by the Judiciary Cpmmittee, and the hid
to provide for a call of a convention to reduce the number of
the theneral Assembly ofthe State of Georgia, and to make
such ptlier alterations ih the Constitution as may*be deemed
essentia^ dpd fot other purposes.
The special committee to whom these hills were referred
reported in favor- of the passage bf the latter; with amend¬
ments.
The fepoi;t was agreed tp,tfre bill'was rpad the third time
and on t|ie question of i,ts passage, the yeas and n^tys were
required tp be Recorded. *
There are yeas SL The;re are nays 66.
Those who vpted in the affirmative are Messrs*:
Alexander, QblvArd, Dixon,
Anderson, Coleman, Echols,
Barksdale Conley, Ector,
Brown of Houston, Cook, Fannin of Morfqm
JlroWn of §umterfc Cullens, Fannin of Troup,
Causey, DeLamar, FarneR,
Clark of Monroe, Delpny, Fleming,
MOtfDAY, DECEMBER 51 n, 1859. "283
Fiiiney,
GIqss>
Gibson qf Rich-
imtmd,
Green of t!obb,
Hardin,
Harness,
Harper of Henryy
Harper4 of S tenter,* McComb,
Hartridge McLendon,
Heath,McWhorter,)
Henderson, ofHen- Mitchell,
ry, Mullen^
Henderson of Hew-Norwood,
Key,
Lewis of Greene,
Lewis' of Hatncqckj
Lester,
Lumpkin,
Lrpnsden,
Martin,
McCants,
ton, Patrick,
Herrington, Pilcher,
Holden,„ *Pitts,
Hohoman, Ragsdale,
Hopkips, Reedef,
Horsley, Render,
Howell of Milton, Rqzier,
Hnrst, Scott
Kelly,
ll f
Those who voted in the negative are Messrs
Ajdan, Henderson ofWorthHpbles,
Screven,
Settle,
Sims,
Smith of Bryan,
Solohaops,
Sprayjrerry,
Stewart
Taylor, ,
Thrasher,
Turner1,
Tuggle,
UnderWoad,
Van over,
Vaughn,
Walton,
Wate,
Wicker
Williams of Musco¬
gee,
Wilson.
Wofford,
Worjey
Baugh, Hicks,
Blakey, HockCnliull,
Bivens, Hogahs
Broylesi Holland,
Brutonnf Forsyth, Hohpes,
Parks,
Patton,
Perry,
Pr^Scott,
Price
BreWton
nail,
Cason,
Daniel.
David,
EbCrhart,
Edmondson,
Ely,
Fain of Gilmer,
Fain of Gordon,
F^in of Union,
Fdrtner
Gay,
Goodman,
Graham,
Gro-verfstein,
Harris,
of Tatt-Howel} of Lowndes,Register,
Selmaii,
Sharpe,
Smith of Coffee,
Smith of Hall,
Smifh of Towns,
SOckwell,
Strickland.
^wdat,
Tapley,
Hutchins,
Irwin,
Johnson,
Jones of Mitch ell*
Jones of Rabun,
Keeling
Knowles,
Knox
Mays,
McDonald of Lump-Tatum,
kin, Terrell,
McDonald of Mur-West,
ray, Whaley,
McEver, Whittle, .
McRqa* ^ Williams of Clinch,
Mii\tz, " Young.
So the bill was passed.
284 JOURNAL OF THE HOUSE.
The .House took up the report of the committee on
the reconsidered Bill to prevent the sale of spiritqou$ li¬
quors by itinerant persons peddling theeatne in this -State.
Mr. Lewis of Greene offered a substitute for the shine,
A "bill to preveht the peddling of spirituous liquors in
Greene copnty,
The same was amended by extending its provisions
the counties of Henry, Sumter, Laurens, Early*, Troup,
Houston, Lincoln, Cla^ Wilkes, Dooly, Chattahoochee,
Stewart, Glasscock, Colquitt, Warren, Webster, Terrell,
JefferSon, Monroe, Burke„ Newton, Glynn and Taliaferro.,
^hb substitute as atnended was adopted. The report
♦thereof was agreed to. The bill was read the third time
and passed.
The House adjourned until 7 o'clock, P. M.
SEVEN O'CLOCK^ P. M.
The House met, pursuant to adjournment^
And took tip the report of the committee on the bill to
create a new county out of the counties of Wayne and
Appling to be called Buchanan.
The report" was agreed to, the bill was read the third
time and on the question of its passage, the yeas and nays
were required to be recorded.
There are, yeas 51. These are nays 79.
Those who voted in the affirmative are Messrs.
Alexander, Helington, Perry,
Aljan, t Hockenhull, Prescott,
Brmson, Hbgans, Price,
Brewtoh of Tatnall,H olland, Register,
Cason, Holmes, Screven,
Delapiar, Howell of Lowndes^Sharpe,
Ecfiofs, Hutchins, Smith of Bryan,
Edmondson, Johnson, Smith of Coffee^
Fain of Gilmer, Jones, of Mitchell, Smith of Towns,
Fain of Gordon, Keeling, Sweat,
Fortner, Knox, Tapley,
Cx^ty» Mctlomb, Tatum,
Glass, McDonald of Mur- Taylor,
Graham, ray, Turner,
Hhrris, McRea, Williams of Musco-
Hartridge, Nobles, gele,
Heath, Parks, Young,
Henderson of WorthPatton,
Monday, December sth^ ibs9.
Those Who voted in the negative, are Messrs.
38n
Harper of Henry,
Halter of Sumter,
Henderson of Hen-
Anderson,
Barksdale,
Bajigh,
Blakey, ry,
Bivins, Hicks,
Brown of Houston, Holden,
Btoyles, Holloman,
Brnton of Forsyth,Hopkins,
Cansey,
Clark pf Monroe,
Coivard,
Coleman,
Conley,
Daniel,
Dlelony,
Dixon,
Fberhart,
Ectpr,
"Fain of Union,
Horsley,
Howell of Milton,
Horst,
Irwin,
Jones of Rabun,
Kelly,
Key,
Lewis of (freene,
Lewis of Hancock,
Lester,
Lumpkin,
Fannin of Morgaft, Lumdsen,
Fannin of Troup, Martin,
Fleming, Mays,
Finney, McCants,
GrbSon of RichmondMcEyer,
Goodman, McLendon,
Green of Cobb, McWhprter,
Grovensteine, Mintz,
So thef bill was lost.
Mitchell,
Mullens,
-Norwood,
Pilcher,
Ragsdalei
Repder,
Rendpi*
Rosier,
Scott,
Selman,
Settle,
Sim^,
Smith isf Hall,
Sockwell
Teijtell,
Thrasher,
Tuggle,
Yaiiover,
Vaughn,
Walton?
Ware,
West.
Whkley,
Whittle,
Wicker,
«W orley.
The flouse took up the report of the? committee on the
hill for the relief of D. M, & G. W. Smith and their (secu¬
rities, and for other purposes.
The report was agreed to, (the Bill was read the third
time nnd passed.
The House took up f he report of the committee on the
bil]l to alter land change the ejections of Tax Receiver and
Collector.
iThe same was amended.
The report as amended was agreed to, the Bill was read
the fhjrd time* and on the question of itd passage the yeas
and nays were .required to he recorded*
Therp are yeas4 73. There are nays 63.
2$G JOURNAL OF TEfE HOUSk
Thosb who verted in the affirmative are Messrs.
Alexander, Green of Cobb, McRea,
Allan, Grovenstejne, McWhorter,
Ahderson, Hamper of Sumtdy,, Parks,
Bafksdale, Harris, Pafton,
Blakey, Hartridge, Pncher,
BiVins, Hicks, "Prescott,
Brown of Houston,Holden, Ragsdale,
Cason, Holland, Screven,
Cause/, Holloman, Sims,,
Clark of El]^t, Holmes, Smith of Bryan,
Coleman, Howell of Milton, Stewart,
Conley, Hutchins„ Sweaty
CullCns, Johnson, Tatum,
DeLamar, .Jones pf Rabun, Taylor,
Dixon, Keeling, Terrell,
Echols, Kelly, Thresher,
Edpmndson, Key, Turner,
Fain of Gordon, Lewis ©f Greene, Tuggle,
Fannin of Morgan,Leivis 6f Hancock, Vanover,
Farnell, Lumsden, "Walton,
Fleming, Mays, "Whittle,
Gay, McCants, Wicket,
Glass, McComb, Williams of Musco-
Gibson of RichmondMcE vet, gen,
Those who voted in the negative are Messrs.
Baugji, flopkins, Price,
Brinson, Horsley, Register
Broyles, Howell of Lowh's Reedeq,
Bruton of Forsyth,Hurst, ,Render,
Colvard, Irwin, Rosier,
Daniel, Jones of Mitchell, Scott,
Delqny, Knox, Selman,
Eberhart, Lester, Settle,
Ector, Lumpkin, Sharpe,
Fain of Gilmer, Martin, Smjth of CofFOq,
Fain of Union, McDonald of Lump-Smith of Hall,
Fannin* of Troup, kin, Smith of Towns,
Finnby, McDonald of Mur- Sockwell,
Fortner, ray, Strickland,
Goodman, JVlcLendon, Tapley,
Graham, ' Mintz, Vaughn,
Harper of Henry, Mitfehell, Ware,
Heath, Morris, West,
Henderson Of Henry Muffins, W hqley^
Herringtbn, Cobles, Worley*
Hockenhull, Norwood, Young,
Ilogans,
MONDAY, DECEMBER 5th; 1S59. 2S7
So the bill was passed.
The rules were suspended, and the House took up the
report of the Committee on the bill of the Senate, to
change and fix the time of holding the Superior Court's in
the counties of Heard, Carroll, Campbell, Paulding and
Floyd, and to change the time of holding the Inferior
Courts in the county ©f Heard aifd to add the county of
Paulding to the Tallapoosa Circuit,
The same was amended on motion of Mr. Tuggle of
Campbell. ,
The amended report was agreed to. The bill was read
the third time and passed.
The House took up the report of the committee op the
bill to declare the law in regard to deeds to land made du¬
ring adverse possession.
The report was agreed to. The bill was read the third
time and on' the question of its passage the yeas and nays
were required to be recorded.
There are yeas 95 ; There are nays 27.
Those who voted in the affirmative are Messrs:
* f
Alexander, Harper of Henry, • McDonald of Lump-
Allen, Harris. # t kin,
Barksdale, * Henderson of Hen-McEver,
Baugh, ry, McLendon,
Blakey, Herrington, Mintz,
Bivins, Hicks, , Mitchell,
Bruton of Forsyth, Hockenhull, Mullens, v
Cason, Hollomon,, Norwood,
Causey, Holland, Parks,
Colvard, Hopkins, Pattoii,
Coleman, Horsley, Perry,
Cullens, Howell of Lowndes,Prescott,
Daniel, Howell of Milton, Price,' <
DeLamar, Hurst,^ Register
Delony, Hut chins,1 Reeder,
Dixon, Irwin, Rehder,'
Eberhart, Jones of Mitchell, Rozier,
Ector, Keeling, Scott
Fannin of Morgan, Kelly, Settle,
F arnell, Key, Sims, 1
Fleming, Lewis of Greene, Smith of Bryan,
Finney, Lewis of Hancock, Smith of Coffee,
Fortner, Lester, , Smith of Hall,
Gay, Lumsden, Sockwell,
Glass, Martin, Stewart,
Goodman, Mays, ^Strickland,
Graham McCants, Tapley,
Grovensteine, McComb, Terrell,
288
JOURNAL, OF THE HOUSE,
Thrasher, Vaughn, Whaley
Turn et, Waltoli Whittle
Tuggle, Ware, Wicker,
Vapover., West, Worley,
fThOse who voted in the negative are Messrs:
#
Brinson, Henderson of McDonald of Mur-
Btoyles, Worth, ray,
Brewton of Tatnall,Hogans, McWhorter,
Fain of Gilmer, Holdefi, Morris,
Fain of Union* Holmes, Nobles,
Gibson of Rich- Johnson, Pilchef,
mond, Jones of Rabun, Rags dale,*
Greene of Cobb, Knox*, Screvpn,
HaHridge, Lumpkin, Smlttyof Towns,
Heath,. McKea, Young,
Mr. Tatum was excused from Voting because of his. in¬
terest as Attorney in case now pending to- which ildslaW
will apply.
So the bill was passed.
The House took up the report of the Committee' on the
bill to endow Florence E. Winn, a minor of Liberty comi¬
ty, Georgia, with all the rights and privileges pf majority.
The report was agreed to. 'The Bill was read the
third time and passed.
The House look up the report of the Committee on the
bill to add another section to the 7th Division of the Penal
Cpdeof this State* and for other purposes therein men¬
tioned. « *
The repott was agreed to, the bill "was read the third time
and passed.
The bill to exempt practicing Physicians from profession¬
al tax* and for other purposes, was, on motion of Mr.
Tatum of Dade indefinitely postponed.
The House took up the report of the Committee on the
bill to make Justices of the Inferior Courts of the several
counties of this State, ex-officio commissioners of Patrbl in
the counties, for which they are elected, and for other pur¬
poses therein mentioned.
ThC report wajs agreed to, the Bill was read the third
tiine, and lost.
The House took tip the report, of the committee en the
bill to leayfe the queetion of the existence or abolition of
the Supreme Cphrt to the people of the State.
Mr. Gibson pf Richmond offered as a substitute for the
same,
TUESDAY, DECEMBER 6th> 1S59. 289
A bill to repeal the act organizing the Supreme Goprt.
Pending discussion of this subject tHe House adjourned
until 9£ o'clock, A. M. to-morrow.
JL
TUESDAY, DECEMBER, Cth 1859.
The House met "pursuant to adjournment^
J tl
On motion of Mr. Graham so mucS of the Journal 6f yes¬
terday was reconsidered'as relates to the rejection of the bill1
tptneate anew county, out of the counties <?f Wayne and
App%g:
The bill was then withdrawn.
Mi;. Fain of Union, moved to reconsider %o much of the
journal of yesterday, as relates to the pasgagP of the bill to
declare the laws in regard to.deeds of land made ednring ad'-r
verse possession.
Upon this motiori the yeas and nays were required to bp
recorded,
»There are yeas 61, there are nays 81.
Those who voted in the affirmative are Messrs :
Alexander, Henderson of W'rth,Parks,
Baugh, Hockenhull, Patfop,
Bivins, Holland Perry,
Brown pf Houston, Howell of Lowndes, Price,
Broyles, Hutchins,
Bruton of Forsyth, Jphnson,
Colvard
Cook,
Cullen^,.
Davjd,
DeLamar,
Fain of Gilmer
Fain of Gordon,
Fain of Union,
Gay,
Gibson of Rich-
•moild,
Green of Cobb,
GrQvenstein,
Hardin,
Harris,
19
Jones of Mitchell,
Jpne'sof Rabiin,
Key,"
Knox,
Lewisof Greene,
Lockett
Lumpkin,
McCants,
McComb,
McDonald of Mur-West,
|lagsdale,
Reedqr,
Richards,
Screven
Selman,
Settle,
Sharpe,
Smith of Towns,
Sockwell,
Solomons,
Turner,
ray,
McEver,
MeKea,
Mullins,
Nobles,
Williams of Clinch,
Williams of Musco-
gee,
Wofford,
Young,
29d JOURNAL OE THE HOUSE*
Those who vot^d in the negative are JMpssrs :
ton,
Allan,
Barksdale,
Blakey,
Brinson,
Brown pf Sumter, HerringtOn,
Brewton of Tatt- JHicks^
nail,
Cdusey,
Clarjt of Elbert,
Clarke of Monroe
Coleman,
Henderson of Hep-Mitchell,
ry, #Morris,
Henderson of New-Norwood,
Patrick,
^Pilcher,
Pitts,
Prescott,
Register,
Rozier,
Scott,
Sims,
Hogans
Holden,
Holloman,
JHopkins,
Horsley,
ConleV, HoV<?ll of .Milton, Smith of LrjnlQ,
D&niel, Ijurst, Smith of Coffee,
Delony, Irwin, Smith of Hall,
Dixoh, Keeling Stdwart
Eberhart, Kelly, Strickland,
Echols, Knowles, Tapley,
Ectbr, Lewis of Hancock,Terrell,
Edmondson, Lester, Thrasher,
Ely, Lofton, Tuggle,
— ~ " Underwood,
Vaughn,
Mays, Walton,
McDonald of Lump-Ware,
kin, Whaley
McGar, "Whittle
"McLendon, Wicker,
McWhorter, Wilson^
Fannin pf Morgan, Lumsden,
Fannin ol Troup, Martin,
Fleming,
Finney,
Mass,
jroodma®,
jlrafham,
Harper of Henry,
Harper of Sumter,
S<5 the motion to reconsider was lo^t.
Leave of absence was granted to Mr. Eberhart, for a fqw
days on special business,
The fallowing message was received from the Senate by
Mr. West their Secretary.
Mr SjmiJcer:—The Senate h ave passed the foil owing bills,
to-wit:
A bill to. be ^entitled an act to incorporate the town of
CarnesVille in the cOunty of Eranklin, and for other pur-
poses,
^.Isd, a bill to be entitled an act to compel all persons
nOn-residents of the county of Waype, owning, penning anfj
grazing'stock cattle in said county to return arid pay tax on
the same in the county ^for^said.
Alpo, a bill to be entitled an act to provide for the distri¬
bution and disbursement of the common school fund-, tQ
TUESDAY, DECEMBER 6th, 1859. 291
which, the counties of Gilmer and Lumpkin* are or may be
entitled under and by virtue of an act passed on the 11th
dqy of December, 1858^ and for other purposes therein men¬
tioned.
Aho, eC bill to define and declare the jurisdiction of the
(Jousts of this State, in suits Against Railroad Companies.
Also, a bill to be entitled an act to tauthomze the inferior
Ccyurt of Early county, to levy a road tax, and for other pur->
poses* t
Also,,a Dill* to be entitled an act to incorporate the Some
Guards in Madison, Mhrgan couhty, and to graht certaih
privileges herein specified.
Also, «el bill to be entitled an act to incorporate the South¬
ern Rights Guards in the county of Houston, to incorporate
the £foott Rifles in the county of Talbot, to incorporate, the
Macon#donnty Volunteers in the county of MaGon, ahd for
other purposes. „ (
They have also passed a bill of the House of Representa¬
tives, to-wit :
A bill to be entitled an act to repeal gin act to authorized
the Georg?a Railroad apd Banking "Company, to build a
Branch .Railroad to ttye town of Eatonton in Putnam county,
and to increase the capital stock of said Company, assented,
to, llthDec., 1858.
Mr. Datid frctati the Committee on enrollment reports as
duly enrolled and ready for tlje signature of the Speaker of
the .House of Representatives:
An act to amend an act, entiled an act, to incorporate the
Yahoola River and Cane Creek Hydraulic and Hose Mining
Company, assented to, Dec., llth, 1858.
The following message was received from the Senafe, by
Mr. West, their1 Secretary.
Mr. Speaker: The Senate have passed the following bill
to-wit:
A bill to be entitled an act to pardon John Fundy of the
.county of Gwinneif. now under'the sentence of death for the
crime of murder*
The following message was received from His. Excellency
Jthe Governor,, by Mr. Campbell hist Secretary, to-wii>:
Mr. Speaker :—The Governor has* signed the following
hills to-\Vit:
i5 A bill for the relief of J. C. Smith, formerly of Fayette
%ow Clayton county.
A bill to amend an act entitled, an ac^j to incorpate the
frahoola River and Cane Creek Hydraulic and Hose Mining
i Company, assented to, llth Dec., 1858.
292 JOURNAL OF THE HOUSE*
The following message was received from the Senate by
Mr. Wqst thejir Secretary.
Mr. Speaker: lam directed by the Senate i® inform the
House |Oi Representatives that they have concurred to a res¬
olution of the Houee of Representatives, raising a joint conf-
mittee to consult as t^ the propriety of extending the pres¬
ent sesSioi^, wjth an amendment iir which they ask the con¬
currence of the House* .
And have appointed1 Messrs. Johnson of Clayton, Holt
and Collier as that committee on. the part of the Senate.
The. House resumed the unfinished business ofyestercfay.
to-wit i
A bill to leave the question of the existence or abolition
of thd Supreme Court to the people of the State, arid the
substitute offered by Mr. Gibson pf Richmond, which*is
A bill to repeal the act organizing the Supreme Cdurt,
&c.
"Mr. Elytoffered the following resolution as a substitute
/or the foregoing bilfs, fo-wit:
Resolved, That the whole matter of the abolition of the
Supreme Court be referred to the Convention of the people
'of Georgia, to meet in Milledgeville the next year.
Upon the question of adopting the same, the yeas and nays
were required to be recorded*
•There are yeas 88. There are nays 64.
Those whd voted in the affirmative are Messrs:
Alexander, DeLamar, Henderson of New-
Andersqn, Delony, ton,
Barksdahe, Eberhart, Herrington,
Baugh, Ector, Hic^s.
Blakey, Edmondson, Hopkins,
BiVins, Ely, Horsley,
Brown of Sumter, Fain of Gilmer, Howell of Lowndes,
Brmdes * Fain of Morgan, Hurst,
Bruton of Forsyth, Fannin of Troiip, HutchinS,
Cason, Finney, Johnson,
Clark of Elbert, Gays Jones of Mitchell,
Clark of Monroe, Goodman, Key,
Colvard, Green of Cobb, Knowles
Coleman, Hardin, Bewis of Creene,
Conley, Harkness, Lewis of Hancock
Cook, Harper of Sumter, Lester,
Cullens, Harris, Lockett,
David, Hartridge, Lofton,
TUESDAY, DECEMBER 6th, 1859. 293
Lumpkin, Render,
Martan> ^Richards,
Mayd, Roziet,
McC^nts, Scott,
McQdmb, Screven,
McDonald of JVIur- Selman,
ray,
MeWhortpr,
Mitchell,
Morris^
Norwood,
Ragsdale,
Reeder,
Sims,
Smith of Bryan,
Smith of ToWns,
■ Solomons,
Sptayberfy,
Stewart,
Syeat,
Taylor*
Terrqfl,
Turner,
Y aughn,
Walton,
Warfe,
\Vhaley?
•Williams of Clinch,
Wilson,
Wofford,
Thos^ who vot^d in the negative, are JMessrs :
,Allan, Hockenjiull,
Brinson Holden,
Brown of HoustonHolland
Causey, Hollorhan,
Daniel, Holmes,
Dixon, Hov^ell,of Milton
Eqhols, lrwin%
Fain of Union, Jones «of Rabun
Fahnjn of Morgan, Keeling,
Farnell,
Fleming^
Fortner,
Kelly
Knox,
Ltensden,
McDonald of Ifum-Tatum,
Patton,*
PeVry,
Pilcher,
Prescott,
Price,
Ragsdale,
Setting
Sharpe, ,
Smith of Coffee, «
Sockwell,
Strickland,
Tapley,
Thrashet,
Toggle, \ .
Underwood,
Yajiover,
"West
Whittle,
Williams of Muscp-
gee,
Young,
Gflas^
Gibson Of Rich- kin,
mond, .McEver
Grdham, McGar,
Gi;ovensteine, McLendon,
Harper of* Henry, McRae,
Heath, Mintz,
Hendersoh o£Hen- Mullins,
ry, Nobles,
Henderson of Parks,
Worth, Patrick,
So the .same was adopted.
The resolution yas*fhen agreed to,
Mr. Dafid, fr^m the cojnfnitiee qn enrolltnent. reported as,
duly enrolled and'r^ady for the signature df the Speaker of
the Hougse of Representatives,
Arrant to repeal an act to auth,orp;e tjie Georgia Railroad
and Bankipg Company1, to build a Branch Road to the town
of Hatonton*in Putnam county* and to increase the capital
«tock Of said Comfiany, assented tcT, ITtRDec., 185^.,
294 JQURNAL OF THE HOUSE,
The House took up the report of the Committee on the
bill to aid the citizens of Georgia, in the construction of Rail¬
roads in this State, upon the conditions and limitations there¬
in specified.,
Mr# Tatuth, moved to amend the saihe so as to extend its
benefits to that porfiop of the Wills Valley Railroad, which
is embraced in the county of Dade# This ahiendment was
not jreceiyed. «
Mr, Horsley of Upson, offered the following amendments
which were lost.
Be itfurther enacted, That all Railroads now completed in
this State, Whose companies have not fully paid for the eoin
stijuction thereof, shall be entitled to the State's endorse^
ment in the sum of two thousand dollars fot efery
mile completed, subject to all the requirements and restric¬
tions of this act. *
And he it further enacted, That the Thomastoif and Batnes-
ville Railroad Company, shall be entitled to the endorse¬
ment of the State, and the Governor of Georgia is hereby tcr
quired to endorse the bonds pf Said Company to the amount
of three thousand dollars per mile for the length of the sec¬
tion of their Railroad already Completed} and the accep¬
tance of the ajd, extended to them by this acf, shall consti¬
tute a first or prior lien, superior to all others, on said Rail¬
road, so far*as it is now completed; its equipments, and a^>
purtenances' in favor of the State", and subject said Compa¬
ny to all the requirements# penalties gnd liabilities of this
acf.
Mr. Dixon of Muscogee, proposed the following <as an
amendment which was not received, to-wit":
Be it further enacted, That the Muscogee RailiQad
Company, shall be*en titled fo the benefits of the provisions
of this act for the lust completed division of thirty <dx miles
of their Railroad and shall receive the endorsement of flie
State on their bonds, far the same amotint "per mile therelor
as is herein prbvided for other Railroads ; and the, accep¬
tance of said Company of the aid thus extended to them by
this act, shall constitute a first or prior lien superior to aft
othets on the whole or entire Railroad, ifs equipments} and
appurtenances of ssfid Cpmpany in favor of fhe State and
Subj"eot said Company to all the requirements responsibili¬
ties ant] liabilities,of this acf.
Mr. Reefer, proposed to add ta the first section fhe fol¬
lowing words, forwit S
"If said road feball be ten rqiles in length and a majority
of 'all the stoch of said Company shall be owned by fesiflenl)
citizens of the jStafe,"
The same was not received.
The report was agreed to,
Renting discussion oh the same, the Senate arpendhient
WEDNliSDAX DECEMBER 7th, 1859. 295
to the resolution of the-House, appointing Elf joint committee
to report On the subject, of adjournment was, taVen *up and
and concurred in, after which, t '
The House adjourned unfit 3£ o'clock, P. M.
H O'CLOCK, P.ltf.
The House met pursuant to adjournment.
Mr. Anderson of Bibb, offered $ resolution which was
agreed to, granting the use of the Repesehtative Hall to the
students of the Academy for the Blind this evening.
The House then resumed the unfinished bu&ness ©f the
morning, tO-wit :
The bill to aid the citizens of Georgia in the cpnstraction
of Railroads' in this State, upon the conditions and limita¬
tions therein specified.
The following "Message Was received from His Excellen¬
cy the Governor by Mr. Campbell^, his Secretary, to wit:
Mr. Speaker :k—I am directed by the Governor to return
ixf this branch of the General Assembly a bill* en,titled en
act lo compensate the Grand Petit JUrors of the county of
Dade, and to authorize the levying Of a ta^ for the safne
accompanied by a communication# in writirig-jpand i am
hlso directed to return thC bill entitled an act for the relief
of a portion of the legatees of William Watson, accOrhpafi^
jed by a, communication in writing. 9 If'
PendiUg discussion on the passage of the hill under* con¬
sideration,
The House adjourned until* 9 o^clock, A. M. to-morrow.
WEDNESDAY, DECEMBER 7th, 1859.
The House met pursuant to adjournment.
Mr. Wiliiain^ of Muscoge^ moved to reconsider so much .
of the JCurnal of yestercfay, as relates to the action- of the
House in agreeing fato the resolution of Mr* Ely, by which
the question of abolishing the Sup rente Court, was referred
to the COnVention to meet next year in this place.
Upon this motion the vfeas and nays were required to bd
recotded.
Thorp weije jfeag 66. Inhere were nays> 84.
296
JOURNAL OF THE HOUSE,
Those who> vdted in tke affirmative are Messrs e
Barks c£ate, Harper of Summer, Pilcher,
Brinson, Harris, Pitts,
Brown of "Houston,Henderson of Hen-Bagsdale,
Bro^n of Sumter,, ry, Bender,
Brewton of Tatt- Henderson ofWorthSettle,
nal, Hicks,* Smith of Bryan,
Causey, Holden, Smith of Hall,
Clark of Elbert, HorsTey, Smith of Twiggs,
Clarke of Monroe, Irwin, Strickland,
COlvard?
Conley,
Daniel,
DelaUiar,
Dixon*
FhUnin of Morgan, kin,
Fafnbll, McGar,
Fleming, McLendon,
Gibson of Kick- Minfz,
mond, Mitchell,
Gibson of Warren,"Norwood,
Goodman, Parks,
Green of Obb, Patrick.
GfbvenatAn, Patton,
Harper of Henry, Prescott,
Key, Tattyh,
Lester, Thrasher,
Lumsden, Tuggle,
McCtfnts, Underwood,
McDonald of Ltunp-Vangver,
Vaughn,
Walton,
"^Vare,
Whittle,
Wicker,
"Williams of Musco¬
gee,
Wilson,
Worley,
Those who Vnted ih the negative are Messrs
1* *
Alexander,
Allan,
Andfer^bn,
Betugh,
Blakey,
Bivins,
Broyles,
Glass*
Graham,
Harden,
Harkn?ss,
Hartridge,
Heath,
Knowles,
"Knox,
Lewis of Greene,
Lewis of Hancock,
Locketf,
Lofton,
BreWton of Forsyth, ton,
Henderson ofNew-jLumpkih,
Coleman,
Oobk,
Cullens,
David,
Delony,
Eherl^rt,
Edmgndson,
Ely,
Fain of Gi,hner,
Fain of Gordon,
"Faih of Uffion,
Finney,
Fottner
H&y,
Herrington,
Hockeuhul'l,
HogahS, •
Holland,
Holmes,
Hopkins,
Howell oftawmdes,MqWhorters
Martin,
Mgys,
McComb,
McDonald of Mur¬
ray,
McEver,
McBea,
Hurst,
Hutchinsr,
Johiison, *
Jongs of Mitchell,
Jones of Kabun,
Keeling,
Felly
Morris,
Noblels,
Perry,
Prioe,
Register,
Beeder,
Richards,
WEDNESDAY, DECEMBER 7th, 1859. 2^7
Bozier, Sock welly Turner,
gcdtt, Solomofh, West,
SctevCn, *Sprayberry, Whaley,
Selman, Stewart, Williams of Clinch,
Sharpe, iapley, Wofford,
Smith of Coffee, Taylor, *Yo(ung,
Smith of Towns, Terrell,
So the motion dick, not prevail.
On motion of Mr. Alexander of Floyd, the rules were
suspended, aiyl the Senate Bill for<th,e pardon of John Fu;nr
day, of the county of Gwpinett# now under sentence of
death for the crime of miirder, was taken up and read the
first time.
The following Message was received from his Excellency
thp Governor, by Mr. Campbell, his Secretary, to wii:
Mr. Speaker: I hm direcfed by the Governor to' return
to this branch of the General Assembly, in which it origiha-
ted, a Bill entitled an "Act to .amend the charter of the
South Western Rail'Road* Company, apd to authorize an
increase of the Capital Stock of said Company, acpoftipanied
by a communication in writing.
The following message was received from the Senate#>y
Mf. West, their Secretary.
Mr. Speaker i The Senate have passed the following
Bills. *
A Bill tp be pntitled^anAct, to'allow the Attorney Gen¬
eral, and Solicitors General* a'fee in cases of #peace war-
ran^s^ Also,
A Bill to be cntitjed an Act, to defind and punish vhgraiif
cy ip free persons of color, Also, ' (
A Bill to be entitled an Act to authorize the GoVerndr of
this State to grant certain privileged to the Dalton hud
Gadsden Rail Road Company. Also,
A Bill to be^entjtled an Act, fo amend aft Act, ip refer¬
ence to granting Divorces, approved December 5th, 1806.
Also, * »
A Bihto be entitled an Act to provide and give lieps to
Stone Cutters,,' and Marble'Companies of-this State to
secure p'ayment for their labor. Also,
A Bill to be entitled an Act, to amend ah Act,
entitled an Act, td carry into eftCct the sixth Sec¬
tion of th® fourth Article of the Constitution, pro-
Vidiiig fo£ the distribution of Intestate? Estates^
directing tfie manjief of grafting letters pf administration,
&<$., approved Decepibdr 12th, 1804, so as to embrace .the
child Pr children n>f intestate Nephews and* Neices*. Also,
298 . -• JOURNA^OF THE HOUSE,
A Bill to be eiititled an Act, to abolish the "Senalui
Academicus." to give its*power^ to the Board of d^rustee^of
the University of (3-eorgia, and to yest the government 'of
said University'in said Board of Trustees. Also, ^ ,
( 'A Bill to he entitled an Act, to amend an Act, ^ntitle'd an
Act,, to prescribe thdmanner in which, the names of persons
may be changed, and persons born illegitimate, may be made
legitimate, and to carry into effect the tprevisions of the
Constitution upon that subject* 'and also to prescribe the
mantlet in which children may, be adopted. Approved
.March 6th, lSSfi, so as to extend the provisions of the-same
to grdwn persons, as* well as children, and to yna ke the con¬
sent of the mother sufficient to adoption, in certain cases.
Also, * * *
4
A Bill to be entitled an Act to incorporate uhe ','Slewart
Volunteers',".and other, Volunteer Companies herein men¬
tioned, and to extend certain privileges to them ami all other
Volunteer; Companies now organized, or hereafter to be or¬
ganized in this State, and for other purposes. Also,
A. Bill to be entitled an Aft, for, the distribution of the
egtate. offiCofeinan S. Pringle,' late of Pike county, deceased,
and for the relief of the execution to the last will of said
Testator. •
. • t • '
The Senate have also passpd the following Bills of the
House of Representatives:
A»Bill* to be entitled an Act, to alter the times of hold¬
ing the Superior Courts- of the county of Ediugliam, and
for, other purposes therein mentioned.' Also,
A Bil} to* be entitled jpi Act, to alter and change the
time .of holding fhe Superior a,nd Inferior Courts
of the county pf Walker, and the Superior Churts
of the county pf Dade. ' ■ ,
, ,* * «
.They have also concurred in the amendments of the
"House of Representatives, to a Bil-l ,of the Senate, to 'fie'
* en titled-an Act, to -changeand fix the time of, holding the
Superior Courts, in the counties of Heard, Carroll, Qamp-
belfi Pauldiilg, and Floyd, and to change tlie time of hold¬
ing the Inferior Courts in the county of Heard, arid to add
fhp county of Paulding to the* Tallapoosa circuit. * *
* " , f
■ Th5 Senate have also agreed to a "Resolution that the
Bill'phsspd by the Senate add House of Representatives, for
tile pardon of Wm. A. Choice, now under sentence 6f death,
for the" prime of. murder, in the county of Fulton, be placed
, upon file, ill the office pf Secretary of State, and that the
Shcrefory'of State do," or\ the „ application of any, person,
prepare a.popy;ofsaid Bfil, so passed as .aforesaid, do eerily
WEDNESDAY, DECEMBER 7th, 1859. 299
minder his seal of office, and deliver* such copy and certifi¬
cate, to jany person applying for the1 same, in which they
ask'the concurrence of the House.
The following Message was received from his Excellency
Ike Governor, by Mr. Campbell, his Secretary, to wit r
Mn Speaker c Th,e Gavernpr has signed the Act, to incor¬
porate the Eto\yah pud Auraria Hydraulic and Hose Mining
Company, and also to, incorporate the Cedar Creek Lum¬
ber and Drifting Association.
Mr. David, from the Committee on Enrollment, reported
as duly enrolled, and ready for the signature of the Speaker
of' the House of Representatives ;
• Ah Act, to incorporate the Etowah and Auraria Hy¬
draulic Hosd Mining Company, and the Cedar Creek Lum¬
ber Driftirig Association.
Mr. David, from the Committee on enrollment, reported
as duly enrolled, and ready for the signature of the Speaker
of the House of Representatives :
An Act, to alter the times of* holding the Superior Courts
of the cqiinty of Effingham, apct for other purposes therein
mentioned. Also,
An Act, to change the times qf holding the *Superior*and
Interior Courts of th'e county of Walkdr, and the Superior
Courts of^he county of Dade.
Mr. David, from the Committee on Enrollment, reported
as duly enrolled,-and ready for the signatuf^of the Speaker
of the House of Representatives
An Act, to incprporatb the tbwn of Hawkinsville, in the
county of Pulaski, to appoint Commissioners for the same,
and to cqhfer cettairf powers upofi said commissioners. Al¬
so, to incorporate fhe town of GrooverviUp, in Brooke
County, and for ofher purposes.
The unfinished business f of yesterday was resumed, tot-
wit : the passage of the* Bill to aid the citizens of Georgia
in the construction bf Rail Roads in this State, upoq the
conditions apd limitations therein specified^
After argument thereon, Mr^Tuggle called the previous
question, which was seconded.
The piain <pi?stfion, to-wit: the passage of the Bill, was
then submitted to the House.
Upon this question* the yeas and nays were required to he
recorded.
There are yeas 63. 'fhere are ate nays 89.
30(?
JOURNAL OF THE HOUSE,
Those who voted in fjhe affirmative arte Messrs ;
Aflan, Harris, JV'lintz,
Anderson, Henderson of WorihNP^es>
Baugh, Hockenhull, Parks,
Brown of Houston, Hogans, Patrick,
Broyles, " Holland, Price,
Bruton of ForsythjHolmes* Ragsdale,
Cason,
Dayid,
DeLamar,
Echols,
Edtnoncfson,
Fain of Gilmer,
Fain, of Gordon,
Fain of Union,
Fleming,
Fbrtner,
Gay,
Glass,
Graham,
Green of Cobb,
Hardin,
Howell of Milton, Register,
Hr^chins, Richards,
Jolmson, Sharpe,
Jones of Mitchell, Smith of Coffee/
Jones of RaWn, Spiith, of Hall,
Smith of Towns,
Sockwell,
Sweat,
Thrasher,
West,
Keeling,
Knox,
Lester,,
,Lockett,
Mays,
McDonald of Lnmp-Whaley,
kin, Williams of Clinch
McDonald of Mur-Woffbrd,
ray,, Worley,
McEver Young,
McRea,
Those who voted in the negative are Messrs
Alexander,
Barksdale,
Blakey,
Bivins^
Bjrinson,
Brown of Sumter,
Brewton
nail,
Causey,
Clark of Elbterfc,
Cl^k of Monroe,
Golvard,
Qoleman;
Conjey,
Cullens,
Daniel,
Delony,
Dbion»
Eberhart,
Eetor,
Gibson of Warren, Luippkin,
Goodman, Lumsden, *
Grovensteine, Marliny
Hark,ness, MpCants,
Harper of Henry, Me Gar^
Harper of Sumter, McLendon,
of Tatt-Hartridge, McWhorter,
Henderson of Hen-Mitchell,
ry, * Morris,
Henderson of flew-Mullens,
ton, Norwood,
Herrington, Patton,
Hicks, Perry,
Holden, Pilchter,
Holloing Pittfe,
HopkinSj Prescott,
Horsley, Reeder,
Hurst, Roaier^
Irwin, Renter,
Kelly, Scott,
Fannin of Morgan Key, Screven,
Farnell, Knowles, Seaman,
Finney, Lewi^ of Greehe, 'Settle,
Gibson of RichnlondLofton, Sims,
WEDNESDAY, DECEMBER 7TH;" 1859. 30i
Smith of Bryan,
Sm^th of Twiggfe,
Solomons, '
Sprayberry,
Stewart,
Strickland*
Tapley,
Tatum,
Taylor,
Terrell,
Tuggte.
Underwoo'd,
"Vanover,
Vaughn,
W alton,
Ware,
Whittle,
Wicker,
Williams of Musco¬
gee.
Wilson,
So the bill was lost.
Lewist)f fEan'cock, in favor of the Bill, and Turner' of
Floyd, in favor1 of the bill, paired off with Fannin of T^oup,
and Rhodes of Richmond, against it.
Leave of absencfe for a few days on special business *to
Mr. Howell of Lowndes, a^nd Edmondson.
The House adjourned uhtil8 £ o'clock, P.. M. •
THREE i*0'PL0CK, P. M.
Thq Horyse met pursuant to adjournment.
Mr. Lewis of Greene offered the following "Resolution,
which was read, td wit:
p
Resolved, "That no member, during the remainder of thjs
Session, shall speak mote than once on the same subject, nor
•more than ten minutes at any one time.
•
*Mr. Pitts moved to strike out ten and insert five minutes,
Upon this motion the yeas and nays were required to be
recorded.
There were yeas 74. There tverej nays 68.
Those who voted in the affirmative, are Messrs:
Barksdale, • Harper of Henry, Key,
Bau&h, Heath, * Lewis of Greene,*
Blakey, Henderfeon of New-Lockqtt,
Bivins, . ton, Lumpkin,
Causey, H enderson of W orthLumsden,
Daniel, Herrington, Martin,
Efierhart, 'Hogans* Mays,
Ector, Hollapd, McCants,
Farnell, Hopkins, McComb,
Fleming, Howell of Lowndes,McCrairy,
Finney, Hurst, McDonald of Lump-
Glass, # Irwin, kin,
Gibson of Watren, Keeling, JMcEver}
Hardiif, Kelly, McQar,
302
JOURNAL OF THE HOUSE.
Mctendon, Settle, Tuggle,
McRea, Sharpe, Underwood,
McWhorter, Sims, Vanover,
Mullins. Smith of Coffee, Whittle,
Nobles, Smith of Hall, Williams of Clinch,
Norwood, Smith of Twiggs, Willian^s of Musco-
Parks, Stewart, gee,
Pilcher, Strickland, Wilson,
Register, Sweatt, W offord,
Ree&e^ Tatum, Worley,
ftosier, Tatylor, Youtfg,
Selman, Thrasher,
Those who voted in the negative are Messrs :
Alexander, Fortner, Perry,
Allah, Gay, Pitts,
Anderson, Gibson of Richm'ndPrescott,
Brinson, Goodpian, Price,
Brown of Sumter, Graham, Render,
Broyles, Green of Cobb, Richards,
Brufon of Forsyth, Grovensteine, Scott.
Brewton of Tatt- Hatper of Sumter, Screven,
nail, Hartridge, Smith of Bryan,
Clarl^of Elbert * Henderson of Hen- Smith of Towns,
Clarke of M onroe, xy, Sockwell,
Colvard, Hicks, Spi^ayberry,
Coleman, Hockenhull, Tapley,
Conley, Holden, Terrell,
Cullens, Holmes Turner,
David, Horsel^y, Vaughn,
DeLamar, Johnson, TValton,
Delony, Jones of Mitchell, Ware,
Echols* Jone§ of Rabun, West,
Edmonton, Knox, Whaley,
Ely, Lebter, \Yicker,
Fain of of Gilmer, Lofton,
Fain of Gordon, McDonald of Mur¬
rain of Union, ray,
Fannin of Morgan, Mintz,
S<*the motion prevailed.
Mr. Lewi^ of Hancock moved to amend by adding, "that
this Resolution shall not take effect until after 12 o'clock to^
morrow. The same was lost.
On motion of Mr. Smith of Towns, the resolution >and
amendments were laid oh the table' until Saturday next, 12
P. M.
WEDNESDAY, DECEMBER *7th*, 1859. 303
The following Message was received from his Excellency,
the Governor, by Mr. Campbell his Secretary,, to-wit:. **
Mr. Spraktr: 1 am directed by the Governor to return t'd
this brant;! i of the General Assembly, in which it originated,
a Bill entitled an Act, to incorporate, the Bainbridge "and
Florida Rail Road Company, and to incorporate"the Monti-
cello branch Rail Road Company, accompanied by a com¬
munication in writing.
» »
Mr, David, from the Committee on Enrollment, report
as duly enrolled, sighed by the President of the Senate, and
ready for the signature of ,the Speaker of the House of Rep¬
resentatives,:
An Act to be entitledian Act to 'change the time of hold¬
ing the Superior Courts, in, the counties of Heard,' .'Carroll,
Campbell, B.tuldmg, and Eloyd, and to change the time of*
holding the Toferior Courts of the county of Heard, -and to
add the county of Paulding to the Tallapoosa Circuit.
To'the*House of Representatives :
I herewith re turn the Bill to be entitled "an Act to, in1
corporate the Bainbridge^ and Florida Rail Road Company;
and t.o incorporate the Monticello Branch Rail Road Com¬
pany, and for other purposes," Without my sanction.
,The 6th soolron *of this Bill, gives to the Monticello
Branch Rail Road Company, "all the powers, rights, and
privileges, and immunities,ranted to the Savannah and Al¬
bany Rail re <><1 Company; (now Savannah, Albany,, and Gulf
Railroad Company,) by the* Act of incorporation, and the va¬
rious Acts amendatory thereof,, so far as the provisions of the
same can be made applicable to the said Moniicefio Branch
Railroad Company." ^ y t
Section first of the original Charter of the Savannah
and Albany Railroad Company, (now Savannah, Albany*
and Gulf Railroad Company, invests said Company, "with
all the rights, powers, and immunities, Milch, by the laws of
Georgia, are field or enjoyed by any other incorporated
Railroad Company, or Companies, subject to the restric¬
tions c'onuected with, and necessarily consequent' Upon
sucfi rights, privileges, and immunities, for the purposes
"thereinafter specified.'' By reference to some other Rail¬
road Charters, then in existence, it will.be seen that one of
the immunities granted'to and erijoyed by such companies,
was an exemption from taxation beyond one half of one per
cent upon the net iqcornqs Of the Company. As 'an instance,
this immunity was then 'enjoyed by 'the Central Railroad
Company, and was by said Act also *giyen to the Savannah
and Albany RailroadCopapany; and this Bill proposes- to
304 JOURNAL OF TflE EOU^E
give the imitiuilittj to the Monticpllo Branoli Railrojad
Company, now proposed to be chartered.
The fa^t that the privileges is given to this Co. in anindirect
way, by referring to other charters, and giving tie ^rights and
immunities enjoyed by other *Co.'s, does net change the mer¬
its' of the case. The effect-of the Bill, as now passed, is to
exempt the property of the Montieello ^Branch Railroad
Company, from everjpaying .a tax of more than one half of
one per cent upon its future net inccMes.
I cannot sanction this Bill, for the reasons*, given in my
message to the House-, returning tfip Bill to increase the cap¬
ital stock of the Southwestern Railroad Company.
In'cfise of war, or other future, emergency, requiring a large
increase of tax upop the property of the State, no good rOa-
gcta can be givkn why the State should parfc «vith her "right
tq taV the property of Railroad. Companies, as high as the
taxes of negroes, land, or other property.
I regret that the Bainhridge and Florida Railroad Com¬
pany is incorporated in the same Bill. Tfiere are no such
ohjectional features in-the charter of this Company*; but I
$ am Compelled' to disprove the whole Bill, or sanction the
whole; and as the objectionable part above referred to,
cannot receive my sonction, I have to returnthe whole
Bill, without approval.
JOSEPH E. BROWN.
The HousC took up the report of the 'committee^ onf the
various Bills relative to the subject of education, which
were made the»special order of to-clay.
The Committee offered as a substituie for the same, a Bill
to provide for a Superintendant of edmcation in Georgia,
and to prescribe his duties; to appropriate money for the
hid of education in this State, and for other purppses.
On motion of Mr. Gibson of Richmond, the first section
was stricken out, when Mr. Lewis of Hancock, withdrew
thC Bill.
Mr. Tpggle offered as a substitute :
A Bill to amend an Act to provide for the education of
the children of this State, between certain ages, and pro-
yide an gnpual sinking fund, for the extinguishment of the
public debt, &c.
On motion of, Mr. Smith of Towns, the various Bills
mentioned, and the substitute Of Mr. Tuggle, were postpon¬
ed unfil to-morrow,
ThO General Appropriation Bill was taken up, and pend¬
ing the actiOn of the House "upon the same, Mr. Broyles of
Whitfield movq<hto take up the Resolution offered <by the
Judiciary Company, on the subject of adjournment, which
fixes Frjiday next, as the period of adjournment, sine die.
WEDNESDAY* DEj3El)IBER 7TH, 1859*. 305
On agreeing to the ^ame, t|ie yeas and nays \yere» feoojr-'
ded.
There are yeas 105, there are nays 50'.
Those who Voted in the affirmative are Messrs.
Alexander,
Allen.
Anderson,
Baugh,
Bivins, Harris,
Brinson, Hartridge,
Brown of jSumter, Herringfon,
Grovensteine, Mullens,
Hardin, Norwood,
Harkness, Parks,
Harper of Sjpmter, Pdrry,
Broyles,
Hockepjiull,
Brewtonfof Tatt- Hogans,
Jloldpn,
Holloman,
Horsley,
Johnson,
nallk,
Causey,
Clark of 'Elbert,
Colvard,
Coleman,
Conley,
Qulleng
DaVid,
DeLamar,
Delofiy,
Pixoh*
Echols*
Fctop,
EdmondsOn,
El?.
Earn of Gilmer,
FaiO of Gordon,
Fain of Union,
panniri ,of Morgan, McComb,
Fletning, McCrairy
Pilcher,
Pitts,
Prescott,
Pfice,
Richards,
Scdtf
Scrtev-ep,
Sniitlj of Bryans
Howell of Milton, Smith Of Hall,
Hutchins, Smith of Towns,
%Srrfith of Twiggs,
J opes- of Mitchell, Sockwell,
Kelling, Sprayberry,
K^y, Sweat, .
Knowles, Tapley,
*Knoxy Tattwn,
Lewi| of Greene, Terrell?'
Lewis of Hancock, Thrasher,
Lester, Turpen,
Lockett, Yanover,.
Lumpkip, Y a»u ghn,
Mays Waltop,
McCants, Ware,
West,
Whale?,
Portlier, McDonald of pump-Whittle,.
Gay, kin, Wickers
QibSon of Rich- McDonald of Mur- Willipms of Clinch,
mond,# ray, WilliapiS of Musco-
Gibson of Warren,MeEver gee,
Goodlnan, MhYjfhorter, Wilson,
Graham, Mintz, Yopng,
Greene of Cobb, Morris,
Those who voted in the negative are Messrs:
PafkSdalQ, Casoh, Farnell,
Blakey, Clarke of Mpnroe, Finneyrt
Brown of jGohston,Daniel, Glass
Bruton of Forsyth, Ebethart, Harper of Henry,
20
SQG
JPUHNAL 0F THE HOUSE-
Heath, Lofton,
Henderson of Henry Lumsden,
Henderson of New-Martin,
ton,
Henderson
Worth,
Hicks,
Holland,
Hopkins,
of
McQ-ar,
McLendon,
McEea,
Mitchell.
Nobles,
Patrick,
Pozier,
Selman,
Settle,
Sbarpe,
Simms,
Smifiii of Coffee,
Stewart,
Strickland,
Toggle,
Hnderwood,
Woffofd,
Worley,
1 '
ef Lo wnde^Patten,
Hnrst, Ragsdale,
frwin, Register,
•hones of Rabun, Redder,
HeJly» Render,
So the Resolution was agreed to.
#
Leave of ab^ehce was granted Messrs. Ely, Rivins, Strick¬
land, Pitts, Famell, Graham, Cpok, and Rosier, and the
House adjourned" until 7 o'clock P« M.
SEVEN O'CLOCK, f. M.
The House n!etpursuant to adjournment.
"Mr. Fannin pf Morgan, withdrew from the further con¬
sideration of the House, the bilf requiring parties propound¬
ing a will for probate to giye to parties interested as lega¬
tees or to those wiio wmuldbe interested if there were1 no
will, ^ofice^ &p., &c.
The Housd took up the report ef the ^committee on the
bill to protect landlords in the possession of their lands, and
for other purposes.
The,report was agreed to, the bill was read the third fhpe
and passed-
The House took up the report of the committee on the
bi,ll to alter and amend an act pointing out the mode of col¬
lecting a certain description of a debts therein mentioned,
approved December 19th, 1813, an<* t° ^tepd the provis¬
ions of thd same to embrace corporations.
The report wap agreed to, the bill was read" the third t|me
and passed.
The Honse took up the report of the committee on the
hill to alter and amend the claim laws of this State, a»d for
other pprpose^ therein mentioned.
The report was agreed to, thp bill was read the third tptne
and passed.
• The Hqufee yrenf intq committee of the \yhole) Mr. Mo
Whortel in»the ^hair, en the. bill to donate to the epunty ef
WEftUtsDAY, D^QEMBER Vrii, 1859. 307
PayloV, ono tpdtasand dollars out of tie State tat of saicl
cbuntyfor the year 185$, and for oilier purposes therein,
mentioned.
After some time spent therein the committee rose*artd
thimr^h their chairman reported the same hack to the House
without amendment.
The report agreed to. The hill rwas read the third
time and'lost.
The If ouse tool? up the Report of th| committee on the
hill to raise the salaries of Secretary (?f State, Comptroller,
Treasuter and Surveyor General to two thousand dollars
eacli pfer annual!; to increase the duties of Comptroller Glen-'
eral, ajcid to provide compensation for the same, and for oth¬
er purposes.
The Judiciary committee offered as a, substitute for the
same,
A hill to increase the duties of the Comptroller Genera?
and provide compensation for the same and fox -other pur¬
poses herein named.
The samfe was .adopted.
The report was thereon agrded to, the hill was read the
thfrd time and passed.
The bill* to lay out and organize a new county from Decar
but" and Thomas, and for other purposes, and
A bill to lay ohfr and organize a new county out of*the
counties of Cpbb, Cass, Cherokee and Paulding, and for oth¬
er purposes, were on motion indefinitely postponed.
-Mr. Delony^ withdrew from the consideratforr of the
House*
A bill to provide for th^e rendition of fugitive erimi-«
n-als.
The Hotise took up the report of the* compaittbe cm the
hill to amend an act to regulate toll bridges, ferries and tutn
pike roads, approved December 22d, 1808^ and.to prescribe
perta in penalties for a violation of ^aid act.
The report was agreed to, the bill was read the third time
and passed.
The bill to provide for the ffiking of testimony by1 interro¬
gatories in all civil cases. <&c.,
"Was indefinitely "postponed. t
Also, a hill 'to repeal an bet settling and fixing the hours
of labor in factories. ,
The House took up tfyd report of fhe Committee*on the;
bill, to prescribe the t?me,in which «tTie Public Printer shall
furnish the journals of the Eegislaftire, and 'for other pfir-
^ ^The "report was agreed to, the hill was- read the thfrd
time dnd passed^
The House yrent into Committer '°f fhe whole, Mr. Me-
Whorter in thef chair, on the bill to compensate Dr. Eugene
309 JOURNAL OF THE HOUSE.
F. Cejzj, for MbdkJal services rendered the citizens of Ogle¬
thorpe during the t prevalence of "Small Pox in said coufl-j
ty.
The same was amended? . (
The committee rosemnd through their chairman reported
the same back to the House as amended.
The hill and amendments were on JmotiOn indefinitely
postponed.
Air. Williams of Mnscogee, withdrewfrom the further
consideration "of th<? House,
A bill to compensate Dr. Benjamin F. Newsum, of the
coimty of Macon, for Medical services rendered to the citi¬
zens of Macipn-and Tayloi; counties, during thei prevalence of
Small Fox in said counties.
The House took up the report of the committee on the hi!)
to fix the 'pay of the Guard of the Penitentiary for the fti-
ture.
The report was agreed to, the hill was read the third,
time and parsed.
The Hoifte took up the repprt of the Committee on the
hill to repeal the 1st, 2nd ^nd 3d sections of an act^ to pre-
eribe certain rtiles and regulations to he observed by fjhg
Several Railroad Companies in running dpgines npon their
respective tracks, and annex a penalty /or the violation (J
the kjpim* approved January 22d, 1852^ and to substitute
two sections in lieu of said second and third sections.
The report }vaf agreed to, the bill was read thp third time
and passed*.
The House took up the report of th6 committee on, the
bjill to confer .powers upop Juries at Irtw.
The report was agreed fo, the bill was read the thir;d time
■and passed.
The following bil^ were indefinitely postponed, to-
wit: #
A hill for the relief o£ George Wi Douglas.
A, bill to lay ouf and form a new county out of the noun-
ties of fWeta^eard, Troup and Merriwether, and
A billTor the relief of William Fuleher's seemrities.
The House wept ipto committee oT tjie whole, Mr. Mc-
Wkorter in the chair, on the bill to reimburse the heirs of
^yerett Wells.
After some time spent therein the committee rose and
through their chairman, reported the same with an amend-
font.
Tlier reportnvas agreed to, the bjll was read the third time
pild passed.
On motion of Mr. Lewis of Himpock, the following pies-
Sage of the (governor was taken "up and read.
WEDNESDAY, DECEMBER 7th, 1859 30,9
EXECUTIVE DEPARTMENT,
MAlledgeville, Ga., Dec. 3d, ,1859,
To the House of Representatives;
P
* I herewith return without approval A bill entitled -an act
for the relief of Virginia Louise'Howell, of* the county,of
Hancobk.
The preamble of this bill recites that Mrs. Howell whose
maiden name was Dunavent, was married to Bertram H.
Howell' on the 28th day of June, 1855, that her husband
cruelly treated her after- the marriage, and that he abandon¬
ed her 'on the 5th o£ December, 1857, and has never since
contributed t<> her support, .that he procured her consentfo
marry him by prpniises which were ilever fulfilled, and that
satisfactary evidence has been produced, that her husband
at the time of the marriage with her was the husband of
another wife, then in life. - „
The bill then enacts that she is released from ay. disabili¬
ties and penalties, which she may incur by a marriage with
any other person, that the contract between her and Ho'well
is null and void, and declares "the parties'forever totally di¬
vorced." . If-all is true which the bill recites the proper tri¬
bunal in tire proper State, ought to declare V that the par¬
ties are forever totally divorced." If I am correctly inform¬
ed, the alleged marriage in phis case was solemnized hi'the
State of Virginia, and the cTuel treatment and abandonment
took place in New York, neither of me parties noXv is or ev-
ef has been a citizen of Georgia. Mr. -Howell is not now
in the State' and Mrs. Ho'well has only been two or three
ntogths in the State. It might be a grave question there¬
fore whether the Judiciary of Ge.orgia to which department
of the Government the Constitution has given jurisdiction
•over the subject of, granting divorces, has any jurisdiction
over this case. * Tf however, this investigation can properly
be had in Georgia, .it must be had before the Courts. , After
a careful investigation of this .question, I am" fuih Satisfied
that the Legislature of Georgia has no power under the
Constitution to grant a divorce, in this or any other case,
and that the Constitution not only confers the power upon
the Judiciary but expressly prohibits the Legislature from
exerciSihg it. ■ ( *
The 1st section of the 1st article of the Constitution of
this St He declares that, " tlie Legislative, Executh e and
Judicially departments of government shall be distinct, and
to each department shall be confided a Separate body of mag¬
istracy ; and no person, or collection of persons, being of
one of those departments, shall exercise any power properly hi-
3io JOURNAL OF T&E HOUSE.
tacked to either -of the others except in the instances herein ex¬
pressly permitted." •
If it can be shown that tbe Constitution has attached the
power of trying issues of this character, and of granting di¬
vorces, to the Judiciary department of the government, it
must be admitted that the above^ section of the Constitution
prohibits the Legislative department from exercising this
pow.er, unless it is " expressly'.' given to the Legislature also
by some other clause in the Constitution. I can find no clause
in the Constitution which '• expressly" permits the Legisla¬
ture to exercise this power.
Let us see what the Constitution does say upon this sub¬
ject. *By the Constitution of 1798, it is declared that, "di¬
vorces shall not be granted by the Legislature until the par¬
ties shall have had a fair trial before the Superior Court, and
a werdict shall have been obtained upon legal principles;
and in such case, two thirds of each branch of the Legisla¬
ture may pass acts accordingly." It will be oberved that
the Constitution of*179S, conferred this power upon neith¬
er of thesp departments of the government separately, but
made its exercise dependent upon the Action of both. This
provision of the Constitution was changed in 1S3-5, and the
following was adopted in lieu of it, viz: " Divorces shall fye
final and conclusive, when the parties shall have obtained the
concurrent verdicts of two, spfecial juries, authorizing a di¬
vorce upon legal principles."
#This section of the Constitution of 1S-35, repealed the sec¬
tion of the Constitution 179S, pbove quoted, and vested the
whole power of granting divorces in the Courts, where alone
the venlicts of special juries can be*had ; and as it did not
" expressly" permit the Legislature to take any part in grant¬
ing' a divorce, it of course took from the Legislature allpow-
dr over the subject by virtue of the first section above quot¬
ed. The Constitution of 1S35, only permitted the Courts t«
grant divorces upon i(^gal principles, to-wit; the legal princi¬
ples theji in existence ; and not only denied to the Legisla*
tu-re the right to grant divorces, hut also denied the right to
tbe Legislature to change the legal principles upon which
the Courts were authorized to grant them.
In 1S49, this section-of the Constitution was again chang¬
ed, to as to give to the Courts the right to grant divorces,
and to the Legislature the right to prescribe'the legal prin¬
ciples upon which they may be granted. The Constitution
as amended ih lS49fis now ot force so far as divorces are
concerned, and .is in these words, "Divorces shall be final
and conclusive when the parties shall have obtained the
concurrent verdicts of two special juries authorizing a di¬
vorce upon such legtd principles as the General Assembly
may by law prescribed The Constitution of 1S49, repeals so
much only of thAt of 183-5 up. denied to the Legislature the
WEDNESDAY;, DECEMBER 7TB, 1359. 311
right to prdsoribe tjie legal principles upon wjiich divorces may
be gruned and confers upon th(f Legislaturemfuture the right
t» prescribe -the legal principle^ upon which the- Cptirfs shall
acfyirf granting them. In a word the Constitution a^ it now
stands confers upon rth,e Courts the right to grant , divorces,,
and upon the Legislature the,power to prescribe the' legal
principles upon whjch the Courts may grant them. The -Leg¬
islature has no fhore power therefore under the Constitution
to grant divorces, than the Courts have to prescribe the legal
principles upon which the Legislature may graht them; apd
th^ Courts would no more transcend the powet given them,
by the Constitution, were they to assume- the right to pre¬
scribe the legal principles upon which divorces may fye grant¬
ed by the Legislature, tjian the Legislature transcends its
pbwefl when it assumes the rjghtto grant a divorce. I de¬
ny therefore, that the Legislature has any power to grant a(
divorce an<J maintain,, that the passage of, a bill by-the Leg¬
islature for that purpose is -an attempted exercise *qf poymt
denied the General Assembly by the express t words of the
Constitution. - Upon examination it will I thigh he found
that I am fully- sustained in this .view of the question by the
highest Judicial tribunal in the State. ^
In the case of Head vs» Head, 2d Kellys Report, 190, this
question, is discussed, and Judge Nesbit delivering the opinibn
©f the Supreme Court uses the language qqotecf ■ below in
reference both to the-policy and power of granting "divorces.
The learned Judge, says "In our judgment, the Constitution
of 1798, was intended 1st to transfer the .jurisdiction over
divorce^ in all cases in-the fcrpt instance from "the- Legislature
to tile Superior Court, for it provides that divorces shall not
be granted by the Legislature until, the partiqs shall have*
had affair trial before the Superior Court, and a yeVc^et
shall have been obtained authorizing a divorce. before 1798^
the Legislature had unlimited power oyer the- subject, and
WO infer that whether the Ceurts possessed jurisdiction or
not they tlid not exercise it. By .the Constitution the ini¬
tiatory steps towards getting a divorce were to be taken be¬
fore the Courts; the right and the duty of first hearing the
cause were devolve'd upon them, and the Legislature was in¬
hibited from acting at all until there was a trial and verdict
before the Superior Court. , *
By'the terms pf the Constitution the Legislative^ will was
intended to bg .restrained in its action, gpon such cfworce
cases *as-thus came to it from the Courts, by'the requirement
that thenj should be a vote of two-thirds ef each branch he-
fore there rcould be a dissolution of the marriage contract.
That is'to^say, the fair trial and" verd-ict being had it* .was-
competent (and yet *not obligatory) for the Legislature to
grant divorces provided there was in favor 01 the applica¬
tion a concurring vote of two-thirds of both, branches. The
312
JQURNAL OF TpE HOUSE.
Constitution intended to restrict both the Courts and the
Legislature as to the power t'o grant divorces to such cases
as were grant able on legal principles*
For the Legislature is clothed with power to act ofy
when there has been in the case brought* before it a fair tri¬
al and a verdict rendered upon legal principles. The con¬
stitution declares that the trial shall be had, and the ver¬
dict rendered upon legal principles and before the^ Superior
Court, thus makihg the Court the judge of the application
of those principle^ to the cases brought before it. I only
remarked in this stage of the discussion that it must be ap¬
parent to the most careless reader, that tli6 constitution of
1798 is in restraint'of divorces. The wi^e framers of that
instrument were careful to hinder facility in their procure¬
ment. The prohibitory and restraining characters of the
article, the fact that these restraints are fundamental, and
beyond the reach of legislative caprice or impulse, go a
great way to disprove1 and negative the inferences Which
the counsel draws in favor of his construction. The learn¬
ed Judge then adds. "The amended constitution of 1*S35
in few brief wohds divest the Legislature of all juristlia-
tion over divorces, and casts it entire upon the Courts ; by
the fundamental law it belongs now to them and cannot It-
long elsewhere.'1''
This language of the Supreme Court is too plain to he mis¬
understood, and shows conclusively that the General As¬
sembly have no jurisdiction over this subject. Again, the
Cpurt says "it is scarcely "pecessary to 'inquire into the
reasons which induced the Legislature to -divest th gal selves
pf all power over this subject. The preamble of the " act
^amend-atory of the constittition recites some of the reasons,
suth as th§ annoyance of the Legislature by reason pf the
frequent, numerous and repeated applications for divcrr es; the
expense attending these applications, and the unnecessary
Swelling of the laws and Journals, Ac. Now the reasons of a
law which are put forth in the preamble to meet the public
eye are not always the only or the true reasons—they are
not in this case. The amendment of 1S3-5 had its origin,
I have no doubt, in a conviction upon the minds of pru¬
dent and discerning men, that divorces under the constitu¬
tion of 179S, were alarmingly frequent, and this wu§ owing
to the igct that the responsibility being divided between
the Courts, aud the Legislature was felt by neither, and
that if the responsibility of finding the facts was east upon
special juries, and of administering the law upon the Courts,
divorces would be of rare occurrence, and society be saved,
from'legalized process of demoralization. The Court adds,
" The wealth and standing of the parties, tlich- politick
and social relations, or perhaps the personal burnt y and ad-
dress of a fcmplc libill^nt cotitrblled in many cases the teeL
WEDNESDAY, DECEMBER 7th, 1859. 313
thn of the, JLegislaturef Judge Nisbet tben very wise¬
ly, says, "In my view of this subject the family is \he
foundation of the State." Upon the intangible sanctity and ■
alnp.ost indissoluble integrity of the marriage contract, de¬
pend the character and happiness of our population, the
perpetuity of our institution^, the peace of our homes, and
all jthe charities of social life. Jf any thing- ought' t6 pe
under the .protection .of the' law, surely this contract ought
to be. The happiness of married life depends v^ry much
upon the idea of the indissoluble character of the" rela¬
tion, and I am well assured that legal facility jn devolving
it is the source of strife, bickering, crime and misery. I think
it is clearly shown,, therefore,dry the decision of the Supreme*
Court that It is not only bad policy for the Legislature to ex¬
ercise thispower without great caution, if it possessed it, but
that it did not possess-,the power without the- pievious ac¬
tion of the Court'under the constitution of .179S; and that
it now possesses no power, or jurisdiction ever tire shbject
either, by tine constitution of 18,35, *or 1849, and that the
power is now vested exclusively in the Courts. It has
'been suggested in ■ this case that the 'Legislature- at its last
session passed, a statute by which the decisions of the Su¬
preme Court are declared to be the law till changed by the
Legislature, and that the Legislature have the right, under
the i act, to change pie, decision of the Suprepie Co,urt
which'decides that the constitution vests the. exclusive ju-
riselihtion in. cases,' bf ditorce in the Courts, and denies to
the Legislature the exercise of the power. I cannot see the
application which this statute has to the question in isSue.
If the constitution denies this fiower tophe* Legislature, as
the Supreme Couft has said it does, and the Court has prop¬
erly construed" the .constitution, certainly no act df the leg¬
islature overuling the decision.'of the, Court coulll change
the constitution, and vest in the Legislature an authority
denied it by the constitution. 'An attempt to do so worfld
be an attempt to repeat the constitution „by a statute
passed by the General Assembly. Since the amendment of
the const'itutipn of 1835, frequent applications have been
made to the Legislature to gran^ divorces to citizens of
oqr own State"; and I know* of. no-instance in which-the
power hafe been exercised since 1835, except in a Single
chse> in 1.837, and in this case the verdict of i;he jury
.and the judgment of the Court had tbeen rendered previous
to the alteration* of the "constitution,^ and the Legislature
passed an act perfecting la divorce, Which it wa& held must
he passed by two thirds majority under the requirements
of jthe constitution of 1798. Since 1837 repeated applica¬
tions have been made, and'in no "instance, so far as I can
Jearn, has'a single bill* introduced for^ this purpose become
a law. Nor *can I find'a single instance upon the Statute
JOURNAL OF THE HOtTSE,
book si$ce 1798, in which the Legislature has exercised the
power claimed in this case, and granted a divorce without
a trial ill Court, and the verdict of a Jury first rendered in fa¬
vor of« the applicant. Shall there he no limit 'to the agi¬
tation of this question, and shalhthe question of legislative
power in this regard never he considered as settled ? If in
the jildment of the present General Assembly, the opinion
of the Supreme. Court is entitled to no consideration, I
would respectfully inquire whether the opinions of our pre4
decessots in office, for the last sixty years should not com¬
mand our respect.
If the Legislature from 1798 to 1S3-5 uniformly held that
they had.no power to grant a»divorce without a previous
trial between the parties in the Superior Gourt, and no act
has bhen passed into a law since 1S37, granting a divorce
un'deriany circumstances even to our own citizens. Why,
I would ask, should we disregard all precedent—set at
naught the opinions of our Supreme Judges, and contemn
all the wisdom of the great and the good, who have gone
before ns, to -grant relief to a person who comes from
another State to ask us to do what she has not asked at the
hands -of the tribunals of her own State. „
J trust we are not yet prepared to make our Halls what
one or two of the Northern States once* were, and what
they havef refused longer to be, a forum for dissolving the
marriage ties between citizens of other States,* whose cases
will not bear investigation or entitle them to rejief at home
The christian and the patriot have cause to regret that
the marriage relation in our State should he treated with
so little sanGtity. A Divorced are now too easily obtained in
our Courts, and the penalty imposed by a wholesome stat¬
ute upon those who are the guilty .cause of divorce, is be¬
ing repealed by repeated acts of „tlie legislature, for the res-
lief the guilty parties, yid to permit them to marry again.
If we would maintain a wholesome rule of law, that the
guilty part}" shall not be permitted to marrY again during
the lite of the other party we would destroy all temptation,
which parties without Jhe intercom ent * of the rule now
have to obtain divorces by collusion, or by the practice of a
fraud,upon the Courts, since the precedent Of relieving the
guilty party has been set by the Legislature. I dm inform¬
ed tllat it now frequently occurs in"the Courts, that no de¬
fence is made to an action of divorce, by the defendant^
With the understanding that the plaintiff's friends will of¬
fer no opposition to the'defendant's application for relief in
the Legislature, and in this way parties Who desire to he
separate, make the Courts ancV Legislature the instruments
to accomplish the ^object. Sound pojicy certainly dictates
that a period he put tp this deilioralteing practice. 1 trust
I am not'too sanguine when I expfessrtlie hope, that the
WEDNESDAY, DECEMBER 7th, 1859. 315
sbbef thinking, moral and religions portion of 'our commu¬
nity will take the question under consideration, and* de¬
mand of their rulers that a practice so corrupting in* its
tendencies, and demoralizing in its effects be no longer tol¬
erated. In tlfe case ^ow before us were I to admit What
is deemed, that'the Legislature possesses the powfer to
grant a divorce I -could' never consent to the exercise of the
power hpon a mere . exparte ^ statement, without a trial and
without giving both parties an op'portunity to be heard.- If
I am *not misinformed, no witnesses have been svforri. in
this case before either branch of the General Assembly, or
any committee appointed by them Vith powers to take tesJ
timony, and Mr. Howell has not been Oited by any process '
emenating from either Honse* to cSppean and defend." the
case ^therefore progressing not only ex-paric, jbut without
even swearing the Witnesses on'the* part of the applicant.
The preamble of the bill nfakes * grave charges against My.
HoVell, and condemns him without a* .hearing. ,This is
contrary to every principle of natural justice, and shows
the wisdom of 'those who made the constitution, and vest¬
ed tire power to grant divorces in the Courts and juries*
\yhen issues of this character may be faitty tried*, aftey
both parties have had an opportunity tp be Heard,' and to
introduce evidence and examine and cross-examine witness^
es under oath. The constitution vests in tire General*As¬
sembly as much right to try an action* of ejectment or ail
action of debt upon a proihissory note, to which Mr. HoW-
ell maybe a pa'rty, and to "render a judgment against him,
without a hearing, or to try any other issue properly per-'
tainingjto the Courts and juries, as if does to try this isSue,
and render the judgmpnt.pronounced by this bill.
Lalso object to the passage of this bill upon principles
of public policy. Tf Mrs. Howell is the injured patty, and
deserves relief, why cfid she not apply to the Legislative or
Courts of the State, where the marriage was solemnized,
or where the separation took place, or where the legal resi¬
dence of one of the parties is now"known to be, where'the
facts are known, and where "a, fair trial could be had, With
both sides of the question'fairly before the tribunal* which
is to pronounce the judgment. This Would certainly have
looked better, If we grant the relief asked for" in this
case, we open wide the door to similar* applications; ancl
we may expect that discontented husbands and wives from
other States, who may he unable t*o establish a right to pe-
Kef at home, will crowd our legislative halls with similar
petitions, supported by eyideilce On one side- only. Is it
good policy to invite such applications from all parts of
the Union, and to volunteer our services to settle all the
family difficulties which occur beyond our limits1. I ain of
opinion that 'it is not, aild that we have enough to do ii we
316
JOURNAL OF THE HOUSE.
confine ourselves 'to 'such investigations* as pyrpenly belong
terns; and^o such legislation as is demanded by the wants
of *the people of our own State.
. - JOSEPH E. BROWN!
T£pon the question of passing th^ bill fot the relief of
Mrs. Virginia Louise Howell over the Executive Veto, the
yeas and nays were required to be recorded.
Tjhere aye yeas 31. There are nays 78.
Those who voted in the affirmative are Messrs.
Hutchins, Parks,
Key, Patton,
Knowjes, Pilcher,
Lewis of Greene, Prescott,
Lewis of Hancock, Tatum,
Lumsden, * ThrgsLer,
McGraRy, , Turner,
M cDonald of Lump-Willi ems of Musco-
kin. gee,
Mintz, "VYofibid,
Mullens,. Youiur,
Howefl of Lowndes,
Those who Voted in tjid negative, are Messiv :
Anderson, Henderson of New- Nobles,
"Allan,,* •
Clark of Elbert, ^
Pqleinan,
Cullens,
Daniel,
Glass,-
Gibson' of Rich-
* ipond,
Gibson of "Warren,
Hollomon,
Horsley,
ton.
'fearksdale,
Baugh, ' Henderson of
Blakey,* Worth, * *
Biymsjfe 4 t Hicks,
Brown, of Houston, Hockenhull,,
Brbwp of Sumter, Holland,
Broyles, Holmes,
Brut on of Forsyth, Hurst,
Cdson, Irwin,
Clark ®f Monroe, Johnson,
Conley,»
j)avidL
DeLamgr,
D^xon,
lEbferhart,
Edmondsop,
Fain of Gilmer,
Fain, of Union, *
"Perry,
Rygsdale,
Register
Reeller,
Rozier,
Scott
Settle,
Sharpe,
Sims,
Smith of Bryan,
Smith of Hall,
Sockweii,
Strickland,
Terrell,
Tuggle,
Vaiiuhu,
Wdre,
Whalev
Jondfe of Mitchell
Jones of Rabnn,
Kelly,
Knox,
Lockett,
Martin,
Mays,
McGantS,
Fannin of Morgan, McDonald of Mur- Whittl
Fleffiing; _ ray, -Wicker,
Goodman, * * 'McEver,
Greene of Cohh, .McLenctoii,
Hdrppr of Henry, McRea
Heath, , . McWhorter,
Henderson of Hen^NI orris,
Williams of Clinch,
Wilspu,
Worlev.
THURSDAY* DECEMBER 6tu, |S59. 317
Sothe^iiU was lost*
The Ho use adjourned until 9| o'clock, A. M., to-nror-
roW.
THURSDAY, DECEMBER 8th, 1859.
The Hoi se <met pursuant to adjournment*
Mr. Morris of Glynn moved to reconsider so much of the
Journal of \ * isterday as relates tq,tlie rejection ofthe bill to aid*
the citizens »V' Georgia in the construction fcf Rffilroad^ in,
this Stsfte jpon the conditions and limitations there speci¬
fied.
The yeas un,d nays upon this proposition jvere recorded.
There gre yeas 66 ; There are are nays 78 :
Those wl i i voted in the affirmative are Messrs:
Allail, Harris,, # Patrick,
Anderson, Henderson of WorthPattofi,
Baugh, Hockenhnll, Prescptt,
Blakey, Holland, Price,
Brown of Houston, Howell ofJLowndesRagsdale.
Broyles, HoWell* of Milton^ Register",
RrewtonofForsythHutchins, Reeder*,
Cason, jJofinsoii, Richards*
Davicl, Johes of Mitchell, Sharped,
DeLamar, Jones of Rabjun^ Smiths of Coffee,
Echols, Keeling, Sap:itli of Hall,
Edmondson, Kno^, Smithfof Towns,
Ely? Lester, ^ockrvell,
Eain of Gilmer, Mays, Sweat*
Eain of Gordon, McDonald pf Lump^Thrasher,, k
Eain of Union* kin, T Turner,
Fleming, JMcDopald of Mur- "VYest,
Eortner, ray, Whaley, L
Gay, McEver, Williams of Clinch y
GJiass, McRea, Wofford,
Graham, Miilfz, Woifey,
Green of Cold), Nobles, Youngy
Hardjn, Parks,
318 JOURNAL OF fHE HOUSD.
Those who voted in the negative, are Messrs
Alexander,
Barksdale,
Branfley,
Brinson
Brown of Sumter,
Harper of Sufnter, Mullens,
Hartridge, ^Norwood,
Heath, Perry,
HendersoA of Hen-Pilcher,
ry, Render,
Brewtoniof TattnallHenderSon of New-Rosier,
Causey,
Clark, of Elbert,
Clark of Monroe,
Colvard,
Coleman,
Conley,
Cullens,
Daniel,
Delohy,
Dixon*,
Eberhart,
Ector,
ton,
Hicks,
Hold en,
Holloman,
Hopkiris,
Hufst,
Irwin,
Kelly,*
Knowles,
Lewris of Greene,
Lofton,
Fannin of Morgan, Lumpkin,
Fatnell, Lumsden,
Finney, Martin,
Gibson of Rich- McCants,
mond, l^cCralry,
Gibson qf Warren, McLendon,
Goodman,, McWhorter,
Gfovensteine, Mitchell,
Harkness, Morris,
Harper of Hehry,
So the motion did not prevail.*
Scott,
Screven,
Selman,
Settle^
Sims,
Smkh of Bryan,
Smith of Twiggs,
Solomons,
Sprayberry,
Stewart,
Strickland,
Tatum,
Terrell,
Tuggle,
Yanover,
Y aughn,
Walton,
W are,
Whittle,
Wicker,
Wilson,
On motion of Mr. Horsley, so much of the Journal of yes¬
terday as relates to the rejection of the bill to provider tpr
taking testimony by interrogatories in all fcivil cases, was re¬
considered, and withdrawn from.the further consideration ot
the House.
Mr. Gibson, of Richmond moved to reconsider so much ot
the J onrpal of yesterday as relates to the action of the Honfee
sustaining tjiq executive veto of the bill for the relief of .Mrs.
Yirginia Louise Howell, Of fhe county* of Hancock.
Dpon this proposition, the yeas and nays were required
to be "recorded.
There are yeas 60n there are nays
THURSDAY, DECHMBED 8xfl, 18$9. <319
Thos^ who voted in the affirmative are Messrs;
HoT&en, Parks,
Holloman, Patton,
Hopkins, Pilcher,
Horsley, Prescott,
Howell of Lowndes,Price,
Howell of Milton, Selman^
Hntchins, Smith of Towns,
Key, _ Solomons,
Knowles, Sprayberry,
Lewis of Greene,* Sweat,
Lewis ®f Hancock, Tapley,
Lofton, fatmn,
Lumpkin, Thrasher,
Lumsden, Turner,
McComb, JJnderWood,
HcCrairy, Vanover,
Gibson of Warden, McDonald of Lump-West,
Graham, kin, Williams of Muss
Grovensteine, MpWhorter, cogee,
Harper of Hehry, Mintz,
Harper of Sumter, Mullens,
Alexander.
Allan,
Brantley,
Brinson,
Causey,
Clarke of Elbert,
,Coleman,
Cook,
Cullens^
Daniel1,
Delony,
Eetor,
Fortner,
Glass
Gibson of Rich¬
mond,
Woflbrd,
Young.
Thosfi who voted in the negative ate Messrs :
Martin,
Hays*
McDonald of *Mug-
^Barksdale Goodman,
Baugh, Green of Cobb,
Blakey, Hartri'dge,
HtoWn of Houston, Heath, ray^
Brown of Sumter, Henderson of HenryMcEver,
Broyles*, Henderson of blew- McLendon^
Bruton of Forsyth, ton, McRea,
Brewton of TatnalljHehderson of Wo'thMorris,
Cason, * flerringtoii, "Nobles,
Clarke of Morfroe, Hrcks, Norwood,
Colvard, Hockenhull, Patrick,
Conley, Holland, * Perry,
David, Holnpies, Ragsjalp,
DeLamar, Hryst, Register,
Dixpn, Irwin, Reeder,
Eberbart, Johnson, Render,
Edipondson,
Fain of Gilmer,
Faid of Union*
Fannin of Morgaif, Kelly,
Flerpingj, Knox,
Jones of MRchell* Richard's,
Jones of Rabun, Scott,"
Keeling, Screven,
fettle,
Sim?,
Finney,
Gay,
Lester,
Lockett,
Smith of Bryan,
Smith of Hail,
82ft JOURNAL OF THE HOUSE,
Soekwefl,
Strickland.
Terrell,
Tugglfe,
Vaughn,
Ware,
Whittle,
Wicker,
Williams of Clinch,
Wilson,
Worley,
So the motion did not prevail.
The bill tb repeal the 0th and 10th sections of an*act to
lay out and organize a new county from the counties of
L'owndes and Thomas, »and for other purposes, wa^ indefi¬
nitely postponed.
The House took up the report of the committee on the .
bill to change the line between the counties of Milton and
DeK^lb, and Miltoh and Gwinnett.
The same was amended.
The feport, as amended, was agreed to, the bill was read
the third time and passed.
The following Message was received from the Senate by
Mr. West, their Secretary:
Mr. Speaker: The Senate have passed thei followingbillt,
to wit:
A bill to be entitled an act to provide for the electron of
County Treasurer, in tfyp counties of Berrien, Newton, Ba¬
ker, Forsyth, Hal11, Lumpkin, Ware, Mitchell, Fannin,
Paulding, Johnson and Marion, Also,
A bill to be entitled an act to submit the question of the
remoVal of the Court House of the county of Clinch to tile
voters thereof. Also,
A bill to bo entitled an .act to incorporate the Enterprise
Railroad company, and for other purposes. Also,
A bill to be entitled an act to incorporate the Augusta,
Petersburg and Savannah feiver Steam and Pole Bbat Navi¬
gation company of North Eastern Georgia. Also,
A bill to be entitled an act to legalize the purchase gf a
tract of land made by Mrs. Clementine J. Billingslea, Ad¬
ministratrix of James F. Billingslea deceased of the county
of Greefie. Also,
A bill to be "entitled an act to repeal the second section of
an act entitled an act to provide for the education of the
children of fhis Statg between certain ages, and, to provide
an annual sinking fund for the extinguishment of the public
debL »so faf as the county of Echols is 'concerned, and fop
other purposeg. A1lso, •
A bill to be entitled an act to regulate the sale and u^e of
spirituous liquors and intoxicating drinks within the corpo¬
rate lifnits ©f tbte town of Elberton. Also,
THURSDAY, DECEMBER 8TH, 1859.
321
A -bill to be entitled an act for the relief of Luke Paget,
his heirs and representatives. Also,
A bill to be entitled an act to. incorporate Furlpw Fe¬
male College in the city of Americus, and to incorporate
Trustees for the same. Also, " '
A bill to be entitled an' act to authorize the cotmty of
Thomas to aid in the construction of the South Georgia and
Florida Railroad, from Albany, in the county of Dougher¬
ty, or any point, in its vicinity on either side of Flint River to
Thomasville to any point on the Florida line, as said Geor¬
gia and Florida Railroad company, may deem, best by the
subscription for stock, and thtf issue of bonds therefor, upon
a vote of the citizens. Also,
A bill to be entitled an act to incorporate the Chestatee
River and Town Creek Hydraulic Hose Mining company,
and to incorporate the Cavender Creek and Wards Creek Hy¬
draulic Hose mining company,
The Senate have also passed the' following bills of the
House of Representatives.
A bill to be entitled ■ an act for the relief of the estate of
Robert Bradford deceased, and Samuel Moffat, and Rob¬
ert H Bradford, Executors of the same. Also,
A bill to be entitled an act to incorporate the ,town of
Thomson in the county of Columbia, &c. Also,
A bill to be entitled an act to revise and amend an act en¬
titled an act to appoint Trustees for, the Jackson county
Academy, and to incorporate the same, assented to 20th of
November, 1818, and for .other purposes therein expressed.
Also,
A bill to be entitled an act to incorporate Georgetown of
Quitman county.
Also, to define the boundary of said incorporation, and to
appoint the persons therein named Commissioners of said
town, and to confercertain powers upon said commissioners
and their successors in office. Also, i
A bill to be entitled an act to incorporate Etowah Lodge,
No. 222, of Free and Accepted Masons at Da\ysonville, in
Dawson county Also,
A bill to be entitled an act to allow additional compensa¬
tion to the Sheriffs of Hall, Cass and Dade counties. Also,
A bill to be entitled an acfc to change the name of the
Montrose Manufacturing Company of Sparta, Hancock
county, to that of the Montour Manufacturing Company,
and for other purposes. Also,
A bill to be entitled an act to inborporate Herman Lodge,
No. 189, of Free and Accepted Masons, and for other purpos¬
es, therein mentioned. Also,
21
322
JOURNAL OF THE HOUSE.
A bill to be entitled an act to reduce the Sheriffs bond of
Dooly1 count}7" from twenty thousand, to ten thousand dol¬
lars. .Also,
A bill to be entitled an act to authorize the Infer!or court
of Ware county to assess an extra tax for the purpose of
building a Court .House in said county. Also,
A bill tck be entitled an act to consolidate the offices of Tax
Receiver and Collector of Wilcox county. Also,
A bill to be entitled an act to authorize and require the
Ordinary of Warren county to pay Miss Harriett J. Dennis
the sum ■ af eighty seven dollars and six' cents, out of any
school fund in his hand for education purposes.
The Senate have also passed the following bills of the
House of Representative, and in which they ask the concur¬
rence of the House, to wit:
A bill to be entitled an act to give to Charles N. Terry
.and Joseph H. Morehouse the same privileges, and make
them subject to the same liabilities as- though they were of
lawful age. 'Also,
A bill to be entitled an act to add an additional section
to the acffincorporating the town of Dahlonega, in the coun¬
ty of Lumpkin. Also,
A bill to be -entitled an act to allow Stephen Williams of
Pierce county, and John Taylor of Ware county, to peddle
'in the First Congressional District, paying license for the
same. Also,
A bill to be entitled an act to incorporate the Bainbridge
Volunteers, and to confer certain privileges upon the same.
The Senate have also concurred in a resolution of the
House of Representatives prolonging the present session of
the General Assembly until Friday the 16th inst.
The following message was received from His Excellen¬
cy the Governor by Mr. Campbell his Secretary, to wit:
Mr. Speaker: The Governor has signed the following
acts, to wit:
An act to repeal an act to authorize the Georgia Railroad
and Banking Company, to build a Branch Road to die town
of Eatonton, Putnam county, and to increase the Capital
Stock of said company, assented to on the 11th December,
185S.
An act to alter and change the time of holding the Su¬
perior and Inferior courts for the county of Walker, and the
Superior Courts for the county of Dade.
THURSDAY, DECEMBER Sth. lx.59. 323
An act to alter the tipiqs of holding the Supei >or courts of
the county of Effingham, and for other purposes thereiii
mentioned.
An act "to inqotp orate the town of Hawkinsville in the
county of Pulaski, to appoint Commissioners for the same,
and to confer certain powers upon said commissioners. Al¬
so, to incorporate the towp of Grooveryille, in Brooks c oun-
ty, and for other purposes.* »
Mr. Lester of Cobb, offered a resolution requesting our
Senators and Representatives in Congress to use their best
efforts to obtain an increase bf the salary of the Hon. John
E. Nicholl. •
»
The Hoffise took up the report of the committee on the
bill to prevent' and make penal the betting 011 elections.
The report was agreed to, the bill was read the third time
and passed.
The House went into Committee of the Whole, Mr.
McWhorter in the Chair, on the Bill' for the relief of John
J. Flornoy of the county of Jackson.
After some time spent therein the committee rose and
through their chairman^ reported the same back to ,the
House without, amendment-
The report was agreed to, the bill was road the third
time and lost. ' ,
The bills'on the 'subject of education, were on moffio'%,
postponed for the' present.
The House took up the report of' the Con miittep on the
bill to prevent minors from selecting a new Guardian at their
own option, upon arriving at fourteenyea'rs of age, and for
other purposes. »
The report was agreed to, the bill was readtiie third time
and passed. . 1
The bill to lay out and organize a new county from the
counties' of Gordon, Cass, Cherokee, Pickens and Gilmer,
and for other purposes, was postponed indefinitely.
The House took up the report of the committee on the
bill to employ a State's Geologist, and tp prescribe his du~
'ties. ' (
The report was agreed to, the bill was read the third timo
and lost. ,
The bill' to privide for the mileage and per diem pay of
members of the General Assembly, and to regulate the same,
was indefinately postponed.
The House took up the report of the committee on the
bill to amend the Judiciary of Georgia, so far as relates to the
county of Mcintosh.
The same was amended.
S24 JOURNAL OF THE HOUSE
The- report as aihepded was agreed to, tlie *bill was^ read
the third time and passed.
The House took up the report of the commitfee 'on the
bill tp change the line between the counties' of Rhndplph
and Quitman, and for othef purposes.
Tkp report us was agreed to, the bill was read the third
tiha,e and passed.
The House took up the report of the committee On the
bill tp alter .and amend the law of descendants in bases; of
persons whp are illegitimate or bofn out of lawful wedlock
dyihg intestate*.
Tjiie repprt was, agreed to, the "bill was read the third
aild passed.
The House took up the report of the committee pn the
bill to create and Jay off a new Judicial Cif curt t6 be called
thb Hiwassee Cirpuit.
The report was agreed to, thfe ^Ball was read the third
time, and pn the question of its passage the yeas and nays
Were required to be recorded. •
There are yeas 61. There are nays 79.
Th'ose who voted in thp affirmative ar,e Messrs:
Alexander, Hardin, Nobles,
Allah, Harkness, Parks,
Anderson, Harris, Patton,
Baugh, Hartridge, Registet,
Proyles, Henderson of WorthRichards,
BreWtpn of Tatnall,Holmes, Screven,
(Jason, Howell pf Milton, Sharpe,
Colvard, Hut chins, Smith of Bryan,
Oullens, Irwin, ^mifhofChffee,
David, Johnson, Smith of Had,
DeWy, Jones of Rabun, Smith of Towns,
Echols, Keeling, Sockwell
Fct6r, Knox, Sweat,
Edmondson, Mays, Tapley1,
Ppip of Gilmer, McComb, Tatum,
Fain of Gordon, McDonald of Lumpiest.
Fai/i of Uniop, kin, Wicker^
Fortner, McDpnald of Mur- fVilliams of piinch
Gay, ray, Wpfford,
Glass, McEvpr, Young,
Gibson of RichmpndMoRq^,
Graham,
THURSDAY, DECEMBER 8TH, 1859. 325
Those who voted in the negative, are Messrs.
Barksdale, Hicks,
Blakey, Holden,
Brinsom Holland,
Brown of Houston Holloman,
Brown of Sumter, Hopkins,
Causey,
Clark of Elbert,
Clark of Monroe
Conley,
Cook,
Daniel,
Delamar,
Dixon,
Eberhart,
Farnell,
Fleming,
Finney,
Gibson of Warren,
Goodman,
Green of Cobb,
Grovensteine,
Harper of Henry,
Harper of Sumter, Mintz,
Henderson of Hen-Mitchell,
ry, Morris,
Henderson of New. Mullens,
ton, Norwood,
Herington, Patrick,
So the bill was lost.
Horsley,
Howell of Lowndes
Hurst,
Jones, of Mitchell,
Kelly,
Key, .
Knowles, ,
Lewis of Greene,
Lewis of Himcock,
Lofton,
Lumpkin,
Lumdsen,
Martin,
McCants,
McCrairy,
McLendon,
McWhorter,
Perry,
Pilcher,
Price,
Ragsdale,
Reeder,
Rosier,
,Scott,
Selman,
'Settle,
Sims,
Smith of Twiggs,
Stewart,
Strickland,
Taylor^
Terrell,
Thrasher,
Turner,
Tuggle,
Van over,
Vaughn,
Walton,
Ware,,
Whaley,
Whittle,
Williams of Musco¬
gee,
Worley,
The bill to exempt practising Physicians from Jury duty,
and to allow them to- be examined by interrogatories, was
taken up and postponed indefinitely.
Leave of absence was granted Mr. Smith, of Towns, after
Saturday next for the remainder of the session, and to Mr.
Smith of Clinch, on account of sickness in his family
The fallowing Message was. received from the Senate, by
Mr. West, their Secretary.
Mr. Speaker:—The Senate have passed the following bills
to wit;
A bill to be entitled ait act to authorize the Ordinary of
Whitfield county to pay Teachers of poor children, for the
year 1859. Also,
326
JOURNAL 0^ THE HOUSE,
A Mil to be entitled an act to change the coun¬
ty line between the counties *of Wayne and Charlton;
between the counties of Colquitt &nd Thomas; between j;he
counties of Sumter and Schley; between the counties of
Lee and Sumter ; between the counties of Ware and Pierce;
between the counties of Pulaski and Houston ; between the
counties of Banks and Jackson, and to add pertain lots of
land, now in the county of Irwin to the county of Coffee,
and for other purposes. • Also,
A Bill to be eiltitled an Act, to authorize the Ordinary of
Butts county, vo pay Mathew J. Gibson, for teaching poor
children in said County, also to authorize the Ordinary of
Fayette County, to pay John T. Wooten, for teaching poor
children in said County, and to authorize the Ordinary -of
Harris con M y* to pay John* AndersOn for teaching poor»
children in the county of Harris. Also,
A Bill to be be entitled an Act, to change and alter the
lines between the counties of Worth and Colquitt. Also,'
A Bill to be entitled an Act, for the purpose of attaching
a strip of imsurveyed land,' lying between the fourth and
sixth districts of originally Early county, to the county of
Early, and fotf other purposes therein contained. Also,
A Bill to be entitled an* Act, to incorporate the first Pres¬
byterian Church, of the city of Columbus, and the St.
Luke Methodist Episcopal Church South, of the city of Co¬
lumbus, ami the St. Paul Methodist Episcopal Church South,
of the City of Columbus. Also,
To amend an Act entitled an Act, to incorporate the
Trustees fin Wesley Chapel, Andrew Chapel, and Trinity
Church, of the Methodist Episcopal Church, South, in the
city*of Savannah. Approved 2nd of December, 1S49, and
to appoint seperate Trustees for Wesley Chapel, in said
City, ancf the property thereof. Also,
A Bill to be entitled ail Act to authorize^ the Justices of
the Inferior' Court of Lumpkin County, or a majority of
them, to levy an extra tax, for the purpose of repairing the
Couyt House, and for other purposes therein mentioned.
Also,
A Bill M be entitled an Act, to extend the corporate lim¬
its of the town of Hamilton, Harris county," and to create
and, "give additional powers to the corporate authorities of
said town:
The Senate has also passed the following bills of the
House of Representatives.
A Bill to he entitled an Act, to pardon Thomas C.. Whit-
worth, of the fcounty of Chattooga, noyv under sentence of
death, for the crime of murder.
The'House went Into a conimittee of the whole, Mr.
Smith, of Towns in the Chair, on the Bill to appropriate
THURSDAY,\PECEBIBER Sth, 18-59. 327
money for the support of Govern merit., for the year I860*
and for otlier purposes.
The same was taken up "by sections.
After some time spent therein, the committee rose, re¬
ported. progress, and asked permission to sjt again.
The rules wese suspended, when the Se'hate Bill to par¬
don John Fundy, of the 'county of Gwinnett, now under
sentence qf death,, for the crime nf murder, \vas takeh.up
and fead the second tim^:
The House adjourned until 7 o'clock P.M.
7 O'CLOCK P.M.
The House met pursuant to adjournment.
The following Bills of the Senate were read the first
time, to' wit: "
A Bill to he entitled' an Act, to add an additional section
to the eleventh division of the Penal Code.
A Bill to he entitled an Act, to confer additional' powers
upon the Mayor and Council of the city of LaGrange, to
regulate the rate of taxation in said city, and to, grant ceiv
tain exemptions to the diligent firemen of LaGrange.
A Bill to be entitled an Act, to change the eighteenth
Section of the fourteenth Division of the Penal Code of
this State, and for other purposes.
A Bill to be entitled an Act, for the relief of .the estate
of Samuel Martin, late of the county of Payette, deceased.
A Bill to he entitled an Act, to change the lines .between
the counties of Floyd and Polk.
A BiB to be entitled an Act, for the relief of William D.
Pigden, of Charlton county, and for other purposes.
A Bill to be entitled an Act, to change the line between
the counties of Union and Fannin.
A Bill to 'be entitled an Act, to compensate the Sheriff .of
Franklin County,'for summoning Grand and Petit Jurors
of said County, and for other puiposes. -
A Bill to be entitled an ACL f°r 'the relief of John Far¬
mer, and .William Hall, securities,, on the appearance bond
of Newton Freeman, of the cou'nty of Gilmer-.
A Bill to be entitled an Act, to suspend a part of the
eighth Section of an Act to provide for the education of the
children of this State, between certain ages, and to provide
an annual sinking fund, for the extinguishment of the pub¬
lic debt, for the year eighteen hundred and fifty nine,, so far
as relates t6 the counties of Green & Baldwin,and to authorize
the Ordinaries of said counties to pay over to certain teacher?
328
JOURNAL OF THE HOUSE.
of "said counties, tlie school fund belonging to said counties,
and fof other purposes herein mentioned.
A Bill to be entitled an Act, to authorize Nicholas (trice,
of Merriwether County, an infirm and indigent person, to
peddle without paying for the privilege of so doing.
A Bill tobe entitled an Act. to incorporate the Enter¬
prise Railroad Company, and for other purposes.
A Bill to be entitled an Act, to repeal, under and by au¬
thority of which peddlers and itinerant traders have beea
permitted to pursue their occupation in this State, except
as hbfein specified, and to provide and impose penalties upon
each and.every person who may, after this Act is provided
to take effect, be detected in the violation of the provisions
thereof, and for other purposes herein specified.
A Bill to be entitled an Ach, to incorporate the town of
Moultrie, in the county of Colquitt, and to .confer certain
privileges and powers on the Commissioners, and to amend
the several Acts incorporating the city of Rome, and to
confer certain powers on the Mayor and Council of the city
of Albany, and'to amend the Act incorporating the town of
Monticello, in the county of,Jasper, and for other purposes
therein mentioned.
. A Bill to be entitled an Act, to provide for the distribu¬
tion and disbursement of the Common School Fund, to
which the counties of Gilmer and Lumpkin are or may be
entitled, Under arid by virtue of * an Act, passed on the
eleventh day of December, eighteen hundred und fifty-
eight, and for other purposes therein mentioned.
A Bill to be entitled an Act, to incorporate the Stewart
Volunteer Conypany, herein mentioned, and to extend cer¬
tain privileges to them, and all other Volunteer Companies
now organized, or hereafter to be organized in this State, aud
for other purposes.
A.Bill to amend the 13th Section of the 13th Division of
the Penal Code 'of the State of Georgia, so as to increase the
penalty for selling and furnishing intoxicating liquors to
slaves, and free persons of color.
"A Bill to confer certain privileges on Julius A. Cade, of
Chattahoochee county, to make lawful his acts, &e.
A Bill to incorporate the town of Jonesboro, in the
county of Clayton, and to provide for the election of Com¬
missioners, Marshal, and Clerks, and for other purposes
therein named.
A Bill to compensate the Grand and Petit Jurors of the
cpunties of "Dougherty, Paulding, Terrell and Merriwether,
and Petit Jurors of the counties of Marion and Putham, and
provide for the same.'
A Bill to authorize the administrators of the estate of
the late Toliver Jones, of the county of Harris, to sell all
the lands belonging to said estate, lying in the counties of
THURSDAY, DECEMBER 8th, 1,859. 329
Harris, ^Muscogee', and .Talbot, at the Court Hpuse, in the
county of Harris. " ■ '
A Bill so authorize "William Ford of Mitchell county, Mo-
sOs W. Graham, and Charles Findlay of' Merrfwether coun¬
ty, and Russell J., Powell,' of E^hlin county, to peddle
without license.
A Bill to incorporate ttie 'Hydraulic Hose Mining Com¬
pany, of Lumpkin, to incorporate the Etowah and Battle
Branch Hydraulic Company, and for other purposes therein
specified. t
A Bill for the relief of Henry Henson, and EJias Kilpat-
rick, of the county of1 Towns.,,
A Bill to authorize the consolidation of the stock of the
Milledgeville and Gordon Railroad Company, with th&stbck
of the Central Railroad and Banking Company of Georgia,
and also to authorize the consolidation of the stock of the
Eatonton Branch Railroad wieh the stock' of the .Central
Railroad and Banking Company of Georgia, apd also to au¬
thorize an increase of the capital "stock of, the said Central
Railroad and Banking Company of Georgia, and for other
purposes. , '
A Bill to reduce the Sheriffs bond in .the coftnty of Irwin"
and for other purposes." \ (
A Bill to repeal an Act entitled an Act to authorize the
election of Marshal, for the town of Newhan, in the'c'ounty
of, Coweta, in the same way and, manner as Commissioners
for said town are now elected by law, approved February
17th, 1854.
A Bill conferring certain powers upon Absolom E. Rob¬
erts, administrator.of the estate of Robert J. Culbreath, de¬
ceased, &c, &c?>&c, &c.
A Bill to chapge the time of holding the Superior Courts
of the county of Pierce,
A Bill to-incorporate the town of Btatesville in Edhols,
county, and for other purposes.
A Bill to legalize and enforce the operation of the Board
of Police, for the 15 th Disirict G- M., of the cpunty of Lib¬
erty, and to confer upon them certain powers, &c. '
A Bill to incorporate the Vernon Shell Road Company,
&c, &c.
A "Bill to authorize the Ordinary of the county of De-
Kalby fo pay arrearages due J. F. Buchanan, (a teacher8 of
poor childrenln said county,) for the year 1853*
A Bill for the relief of W. F. C. Faulkner, of Madison
county.
A Bill to change the times of holding tlm Superior Courts,
of the countiesmf Wjlcox, Telfair, Irwin, Berrien, and Glynn,
and for otliel* purposes. , .
ABill to change the name of the Planters and Mechanics
Bank of Dalton.
330
JOURNAL OF THE HOUSE,
A Bill t6 regulatd the agencies of foreign Insurant^ eom^
panies, and to provicfe for the appointment of an IhsuVance
Commissioner. # t # *
A Hill to define and declare the jurisdiction of the courts
of this- State, in feuits against Railroad Companies'.
A Bj.ll to incorporate the Southern Rights Guards, in the
county of Houston, the Scott Rifles, in the county of Tal¬
bot, and the Macon County Volunteers, in the county of
Macon, and for other purposes.
A Bfll to authorize the Inferior Court of Early county,! to
levy a Road Tax, aid for other purposes.
A Bijl to incorporate the Home Guards, in Madison, Mor¬
gan county, and to grant certain privileges herein specified.
A Bill to compel alljpefsons—nonresidents of the county
of Wayne, owning, penning and grazing stock cattle in
said county to return hnd pay tax on the saipe in the county
atbre^id.
» A BilBto ptovide! and give liens to stone cutters and mar¬
ble companies ©f this State to secure payment for their la¬
bor. , „
A Bill to incorporate the triwn of Carnesville, in the coun¬
ty of Franklin, and for other purposes.
A Bilhto allow the Attorney General and, Solicitors Gen¬
eral a fee in cases of Peace Warrants, and,
A Bill to define and pnnish vagrancy in free persons of
cdlor.
The Hduse adjourned till 9 i o'olock, A. ]\L, to-morrow.
FRIDAt, DECEMBER 9th, 1S59.
The Hopse met pursuant to adjournment.
Leave of absence was granted Mr. TRnox after Wednesday
next, Mr. McRae after Saturday next, and Mr. Screven after
Monday next* •
Leaye of absence was granted Mr. Pilchfer of Warren, un¬
til Monday next on, important business. «
The Speaker appointed as an auditing committee Messrs,,
Lumpk'u, McWhoifier, Glass, Render^ Harkness, Wofford
and Ha ipei: of Henry.
The comtaittee of the Whole, Mr. Smith of Towns in the
chair, resumpd the consideration of the general appropriar
tion bill.
The ^ame was taken up by sections and amended.
The bill,arid amendments were then reported back to the
Hofise. M
The bill vfas again taken up by sections.
The following was offered in copimittee as an amendment
to the 3d section, to-wit 4
He it further enacted, That the sum of sevepty-five thpps-
FRIDAY, DECEMBER 9th, 1859. 331
and dollar-. be and the same is hereby appropriate, for the
purpose <5 purchasing arms and accoutrements for the Vol¬
unteer Military Companies of this State \ to be expended by
his Excellency the Governor in bis discretion as he, may '
deem necessary, said arms when procured, to be deposited
in the variou s Arsenals of the State, and given out to th»
various Military Volunteer Companies of the State, on their
giving bond with good security to be , signed by the Com¬
manding Officer, (or in case of incorporated Companies)
signed in the corporate name, for the return of, said arms in
good order to the State, on, the disbandment of said" Com¬
panies. *
Mr. Harris moved to amend the foregoing amendment by
the following, "upon which the yeas and nays weiA record
ed, to-Mit:
"And that the amount of money appropriated by this sec¬
tion for the purchase of arms, be, expended for arms to be
manufactedin the State of Georgia, pro vided, That the'Gov¬
ernor can contract for their manufacture and delivery with¬
in the term of twelve months ; the contractor, to give bond
to the Governor with approved security in a sum equal to
the amount hereby appropriated for the prompt and faith¬
ful performance of the contract. »
There are upon the adoption of this proposition yeas G1
nays 71.
Those who voted in the affirmative, are Messrs ::
Allan, Holden/ gobies,
Baugh, Holland, Parks,
Brinson, Horsley, Patton,
Brown of Houston, Hutchins, Perry,
Broyles Johnson, Pitts,
Cason, Jones of Mitchell, Price
Causey, Jones of Rabun, Ragsdale,
Cock, Keeling Register,
DeLamar, Key, Richards,
Fain of Gordon, Knox Rosier,
Fain of Union', Lewis of Greene, Sliarpe,
Fannin of Morgan, Lewis of Hancock, Smith of Coffee,
Fleming, Lumsden, Smith of Towns,
Gay, Mays, Stewart
Gibson of Rich- McCrairy, Tatum,
mond, McDonald of Lump-Thrasher,
Gibson of Warren, kiu, Walton,
Harper of Henry, McDonald of Mur-We"st,
Harris, ray, Williams of Clinch,
Henderson-, of Hen- McEver, Wofford,
ry, ( McGar, * Worley
Henderson ofWorthMcRea, Young.
Hockenhuil, Minfz,
232 pOTJRJpAL OF THE HOUSE,
Those wiit) wfed in the negative are Messrs.
Anderson?
Barksdale
Blakey,
Bivens,
Brantley,
k Groven^tein, Fresoott,
Hafkness, Reeder,
Harper of Sunifey, Render^
Hartridge Scott
Heath, Screven,
Brown Of Sumter? Henderson of Ne'w-Selman
Bruf otf Of Forsyth, tony
Brewton of Tatt-HOrrmgtop,
nail,
Clark of Monroe,
Colvard,
Coleman,
Conley,
Daniel.
David,
Delony,
Dixon,
Eberhatt,
Echols,
Ector,
w.-
Fain, of Gilper,
Farnell,
Finney,
Glass,
Gdodmgn,,
Green ofCobfy,.
Hicks,
Hogans
Holloman,
Holmes,
Hopkins,
Howell of Hilton,
Hnrst,
Kelly,
Knowles,
Lockeft,
Lntnpkin,
Martin,
McCants,
MeLehdon,
Mitchell,
Morris,
Miiljens
Norwood,
Ratrick,
Settle,
Sinis,
Smith oi' Bryan,
Sockweil,
Strickland.
SwCat,
Tapley,
TaiyloV,
Tertell,
Turner^
x UOOlC»
Underwood,
Yanoveii
Yauglm,
Watri,
Wfialey,
WlpttTe,
Wicker
YViliiaihis of Musco¬
gee,
Wilson.
So flie same was not received.
The quesfion then recurred upon receiving the original
amendment of the committee of the Whole.
Upon this proposition the yeas aild nays were required to
be recorded.
There are yeas S6$ There are nays 55.
Thope who voted in the affirmative are Messrs.
Alexander,
Allan,
Anderson,
Barksdale,
Blakey,
Bivins,
Brantley*
Cgson,
Cansey,
Clark of Elbert,
Clark of Monroe,
Coleman,
Conley,
Cnllens,
B^own of Sumter, Daniel,
Brnton of Forsyth,David.,
Brewton of Tatt- DeLamar,
nail, Delony,
Dixon,
Eberliart,
Echols,
Ector,
%.
Finneyr
Glass,
Gibson ofRichmoncf
Goodnpan,
Green of Cobb,
Grovensrifnei
FRIDAt, DECEMBER to, 1859.
333
Harkness, Lumpkin,
Rarper of Sumter, Martin,
Hafris,
Hartridge,
Sockwell,
Stewart,
McCants, Strickland
McDonald of LirmpVTatkm,
Taylor,
TerrelR
TVmer,
Tuggle,
Underwbod,
Vanover,
Vapghn,
Warg,
Wkaley^
W kittle,
Wickey,
"Williams of« Musco¬
gee,
Wiisdn,
Heath, kin,
Herrington, McLendon
Hicks, Mitclidll,
Hockenhfull, Morri§,
Hogans, Mullinfe,
Holfompn, Norwood,
Holmes, Patrjbk,
Hopkins, PresCQtt,
Horsley, Render,
Hurst, Render,
Johnson, Scott,
Kelly, JScreven,
Knowles, Selman,.
jLester, SimS,
Lockett, Smith of Bryan, Yoi^ng
Those who voted in the. negative- are Messfs*
Baug^i, Holland, Pattoir,
Brinson, Howell of Milton, Perry,
Broyles, Hutchins, < 'Pitts,
Brown of Houston, Jdnes of Mitchell, Price,
Cock, Jokes of Rabtui, Ragsdale,
Colvard, Keeling, Register,
Cook, Key, Richitrds,
Pain of Gilmer, Khox, Settle,
Fain of Gordon, Lewis of Greene, Sliatpe,
Faik of Union, Lewis of Hancock, Smith of Obflee,
Fann,in of Morgan,Lumsden, Smith of Towns,
Farnell, Mays, Sweat,
Fleming, McCrairy, Tapleyk
Gay, MyDonaldm f Mur-Thrasher,
Walton,
"Wiest
Williams of Clinch,
Wofiford,
Worleyy
Qibson gf Warren, ray,
Harper of Henry, McEyer,
Henderson bf Hen- McRea*
ry, McWhorter,
Henderson of klirrtz,
Worth, Nobles,
Holden, Parks,
So the saitie was received.
jifr. Smith of To\yns, moved to strike out that clause of
the 7th section, which relates to the appropriation of twen¬
ty-five thousand dollars for the Penitentiary*
The motion prevailed.
334
JOURNAL OF THE HOUSE,
Mr. Lewi's of Greene, proposed to fill the same with twen¬
ty-four thousand,
Which, was lost.
Mr. McDonald, moved to fill it with fifteen thousand
dollars,
Which was lost. _ *
Mr. Holmes, moved to fill the "blank with one thousand
dollars,*
Which Was lost.
On lgotionofMr. Horsley, the entire clause on 'the sub¬
ject of the Penitentiary in the 7th section, was stricken
out. ,
Mr. Fain of Union, moved to amend by reducing the per
diem of Members to five dollars,
This motioh did not prevail.
The report as amended was then agreed to, the bill was read
the third time, passed and ordered to be transmitted to the
Senate without delay.
Mr. Dayid from the committee on enrollment reported as
duly enrolled and ready for the signature of the Speaker of
the House of Representatives,
An act to incorporate Etowah Lodge No. i ?2, of Free
and Accepted Masons, at Dawsonville in Dawson coun¬
ty* "
Also, an act to authorize the Inferior Court ot Dhre coun¬
ty to assess an extra tax, for the purpose of building a Court
House in Said county. *
Also, an act to consolidate the Officers of Tax Receiver
and Collector' of ^ilcox comity.
Also, an act to authorize and * require tl e Ordinary of
Warren county, to pay Miss. Harriett L. Den i>, t»ie sum of
eighty seven dollars and six cents, out of anj^ school fundsip.
his hands for Educational purposes.
Also,,an act to reduce the Sheriffs bond of Dooly couil-
tj'
Also, an act for the relief of the estate of Robert Brad¬
ford, deceased, and Samuel Moffat and Robert II. Bradford,
executors of the same.
Also, an act to change the name of the Montrose Manu¬
facturing Company of Sparta, Hancock county, to that of
the " Montour Manufacturing Company," and for other purj
poses.
Alsh, an act to incorporate Herman Lodge No. 1S9, and
for other purposes therein mentioned* of Free and Accepted
Masons. ' '
• Also, a resolution to prolong the present sessfon of this
General Assembly, till the 16th ofthis present month.
Also, an act to pardon Thomas C; Whit worth of the
FRIDAY, DECEMBER 9th, 1859. 335
county of Chattooga, now under sentence of death for the
crime of murder;
Also, an act to allow additional compensation,to trie Sher¬
iffs of Hall, Cass and Dade'counties.
4 #
The following message wasf received from the Senate,
by»Mr. West, their Secretary,to-wit:
'Mr. Speaker The Senate haVe passed the .following hills
A bill to be entitled an act to incorporate the Savannah
Mutual Loan Association,
Also, a'bill to be entitled an act for the .relief of Moses
(3r. Sutton, of Berrien county. ,
« 'Also, a bill to be entitled an act to incorporate Checharo
Baptist Church, in the county of Rabun.
» Also, a bill to be entitled an act to* authorize James F.
Lynn of the courity of Pulai^d, to peddle on such goods and
wares not prohibited by law in the limits of said County.
Also, a bill to-be entitled an act "to alter and change! the
common school law, so far as relates to Walker coUnty. *
Also, a -bill to be entitled an ac^t to alter" and amend and
construe a,n act" to proVide for the Education of the -children
of this State &c., assented to December 11th, 1858, so far as
the same relates tp'the counties of Milton and ^aulding*
Also, a bill to be entitled "an act to 'authorize* Solomon A.
Howell, an infirm man of the'county of Calhofcm, as an itin¬
erant trader to vend any Goods, Wares or Merchandize with¬
in the Second Congressional District without obtaining li¬
cense. - * t
Also to allow Alden Hall of the county of Quitmap, and
Robert Davis of the county, of Hall, to peddle under certain
restrictions v •
Also, a bill to be entitled an apt to prescribe and define,
the qualifications of'persons in Early county, far the' office
of Ordinary,, and to remove certain disabilities under .exist¬
ing laws, and for other purposes.
-Also, a bill to be entitled an act.for the relief Susan L. R.
Godwine of the county of Bibb, and William P.' Fieel of the
county of Troup-.
Also, a bill to 'be entitled an act to change the time of
holding the Inferior Court in the county of Gordon.
Also, a bill to be entitled an act to provide for the relief
pf John Af Jones, and Jackson Yaughan of the county of
Milton. ' „
Alsp, a bill to be entitled an act to authorize the arrest
and rendition, of persons committing offences against the
criminal laws of any of the States adjoining to the State of
Georgia, and who may take refuge within the limits of
the State of Georgia, upon certain conditions herein named,
Also, a bill" to be entitled an act to add an additional see-
336 JOUR^AR OF THE HOUSE,
tion to an act to appoint the persons therein naitiej
Comipissionfers of the town of Preston, &ejy assentedto,
Dec., 1857. . , •
Also, a bill to be entitled an aci; to -authorize the Ordina¬
ry of Pibe county, fo pay teac hers of poor children for the
year 185&, and for other phrpose^ herein named.
Also, a bill to be entitled an act, to repeal all laws relating
to head rights^ so far as they apply to Franklin county.
Also a bill to be entitled an act to incorporate the He¬
brew Congregation in the city of Macon.#
The Sehatn have also passed the following bills pf the
House pf Representatives:
A bill to be entitled an act to amend an act, entitled atn
act to incorporate the Orphans' Home of £he Protestahf
Church, inUhbthapi county, hnd for oth^r purposes there-
ih .named.
Mr. Dav^d from the Committee on enrollment reported as
drtfy Unrolled and ready for the signature of the Speaker of
the House of Representatives ;
¥
An act to revise, alter and amend an act entitled an, act
to appoint Trustees for the Jackson chunty .Academy, and
to incorporate the same, assented tp, Soih bfovembet, ISIS,
and for other purposes therein expressed.
A.lsp, ah act to incorporate Georgetown of Quitman eoun-
<7*
Also, to define the boundry of Said incorporation and,to
appoint the persons therein named as Commissioners of dajd
town, and to confpr certaih powers upon said Commission¬
ers and their successors in Office.
Mf. David from the committee on Enrolment reported
as July enrolled and ready for the signature of the Speaker
of thejHouse pf Representatives,
An act tp amend an act entitled an act t6 incorporate "the
Orphans Home of Prostanf Rpiseopal Church in Chatham
county, and for other purposes therein named.
Also, ap. act to incorporate the town of Thomson in the
county of Columbia, and to appoint Commissibners of tlye
same, and to point put the mode of electing Commissioners
and other Officers of said, town.
The Hpupe top k pp the report of thecommjttee on the bill
Of the Senate to incorporate the town of Watrenfon in War¬
ren cpUnty, to amend the charter of the city #of Atlanta,
and fotf other purposes.
Mr* Anderson, offered the following amendments^ which
was not teceitpdj to-wit i
FRIDAY, DECEMBER; 9tS, 18£9.
337
grevided, That the provisions; of this act shall not apply-
to any property owned by non-residents of the city of At¬
lanta,, or in which any^non-resident of said city is interested;
nor shall the Mayor and Council of said* city, be allowed tp
lay out or congtj-tfct any street over on; through any lands or
property thus owned, without first obtaining the consent of
such owner,
"Which was not received.
Tlje report was agreed to, the bill was read the third time
agfi passed.
The House adjourned until 7 o'clock, P. M.
SEVEN O'CLOCK, P. M.
The Rouse met pursuant to adjournment,
Leave of absence was granted Mr. Register, after Satur¬
day ji^xt for thte balance of the session, on^accoupt pf sick-
iless in his family ; to Mr« Stewart 'after to-morrow* for the
b^ance pf the s'ession for the same*reaspn 5 Mr. Conley un¬
til Monday next on special business, and to Mr. Taylor oh
acicount of sickness in his family.
The Senate bill to submit the question bf the Removal of
the Qodrt House of the county of Clinch, to the voters theret-
of was read the first time.
The Senate bill fotfthe relief of Hehry flenson* and Elias
Killpatrick of the county of Towns, was read the second
ti{ne and ordered to be engrossed.
The House took up the report of the Committee on the
bill, of the Senate to amend an act entitled an act to pro¬
vide fpr the edacatioh. of the children ofthis ^State, between
certain ages to provide an annual sinking fund for the extin-
guMhnent of the public-debt, assented to, December Ifth,
16&8, so far as thb'same relates to the doupty of Hall.
Thcreport was agreed to, tfie bill was read the third time
and passed.
The House topk up the report of the cofiimittee 6n the bill
of the Senate t© incorporate the Polk-Slate Quarry Railroad
Company, and! for other purposes,
The same was amended.
The report as amended was agreed to,, the bill was read
the third time and passed.
The House tojotk up the report of the committee qn_ the
bill of the Senate to regulate the freight on lime for agricul¬
tural purpose^ when transported on the W. & A. R< R.
22
JOURNAL OE TfiE HOUSE.
The report was agreed to, 'the hill was read J;he third
timd aftd* passed*.
The House took up the report of jfche committee On thfe
hill of the Senate to amend the .Judiciary^ act of this State
and to direct the manner of making Trustees parties, plain*
tiffs or defendants in all suits or actions now pending, or that
may hereafter exist in the several courts in this State.
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the committee on the bill
hill of the Senate- to change the time of holding the general
elections in this State, and for otl\er purposed.
The report was agreed to, the hill was read the third time
and passed.
The following "message was received from the Senate, by
Mr." West, their Secretary.
Mr. Speaker:—The Senate has passed the following bills,
to wit:
A bill to he entitled an act to authorize the Thomtestoa
an,d Bafiaesville Railroad* company to construct and extend
tlfcir Railroad to £ome pchnt on the Railroad of the Musco¬
gee Railroad company t and to authorize and •empower the
Muscogee Railroad company, by and with the constat oilty
Thornaston and Barnesville Railroad company first being
had theteto* to extend their Railroad from some convenient
point on their Railroad to Thomaston, fn Upsdu county, and
for other purposes therein mentioned. Also,
A hill to be entitled an act, to amend" in, acfr, eptitlecUn
act t<5 lay out and form a new county out of the counties of
Marion and Sumter, and to organize the same, assented to,
Dec. 22nd, 1857. Also to change the county lines, and for
otper purposes herein mentioned. Also,
A ]oiH to be Entitled an act to declarO the meaning and
intention of an adt to exempt from levy and sale under exb
cution, certain property therein mentioned, assented to*Dec.
22nd, 1857. Also, •
A bill to bp entitled an act to alter and amend the" Laws
now existing, in reference to the Supreme cotirt. Also,
A bill to be entitled an act to change the line between
the counties of Baker and Early, so, as tq ih elude lot of lani
No. 392, in fjhe Seventh District of Baker in the county of
Early. Alsq.
A bill to be entitled an act for the relief qf Davis Gnrn-
iqage, Shadraek Ware, William Winters and Henry M.
Johnson frpm their liability bpon a Certain, penal Bond.-i-
Also,
A bill to be entitled an act, to amend an act, entitled nh
FMpAt, •DECEMBER. 9rfc, >1859. 33d
act to incorporate thje town of* Daltpn nnder th© nam© add
stvle oft! 10 city of Daiton, and for other purposes, approved"
pec. 28th, 1S53. Also, ♦ # •
A hill to be entitled an- act, to amend an act entitled an
act to incorporate the Georgia Whitephth 'Gold* and Copper
cohtpany,* approved February 18th, 1856. Also,
' A bill to be entitled an act, to allow the Ordinary of Ihe
county of.Talbot, Newton, Cobb, Columbia and Hart to pay
certain* Teachers for teaching poor children in said "'counties,1
and for other purposes. Also, „
A bill l^bc entitled an act to authorize the Inferior court
of the count}" of Hancock, to compel the' hands* subject t.6
roa <f duty, in any one District in said county to perform*
mad duty in any adjoining District. Also, n
A bill to Ire entitled an act, to compensate the Sheriffs of
1 Jefferson county, for service of subpoena on Grand and'Petit
Jurors of said comity. Also,
A, bill to be entitled an act to alter the Tax LaWs of this
State. Also,
A bill to lie entitled an act to declare the true iu.te.nt and,,
meaning of the twentieth section of an act, entitled an*'act
td carry into effect the amended Constitution in reference to
the Ordinaries of said .State, and for pther purposes. Also,.
A bill to bo entitled an act to alter, amend and define an,
act, to'providefifor the education of the children of this State
between eeftain agfes, assented tp'December 11th, 1859,
and for other purposes herein mentioned, "so far as relates to
the copnty of i\Furray. Also,
A bill to bo entitled an act to prevent delay in the trial
of causes in the courts of thisjState, inconsequence of the
deathl-of jparties, to ^authorize parties in certain circumstan¬
ces to be made <pi motion and for other purposes. »Also,
A a bill to be' entitled an act to -require the Ordinary of
the, county ' of Worth to pay J,ohq Everett's aoco'unt for
teaching poor#childre*n of'said county in the yeafs 1857'aiid'
1858, and to authorize the Qrdinaries of the several coun¬
ties of this State torpay the. Teachers of poor children in
their respective counties as herein specified. Also, *
• A bill'to be entitled an act to change the line between the
counties of Whitfield apd Catoosa, "and for other ptirposes.
Al^o, , .
A hill to be entitled an act for the relief of *.William*3-
Rackley <and Eliza A. Eaqkley, formerly Eliza A. BraZWell,
of the county' of Decatur, and for other purposes therein
giefitioned.'
The Ho ii.ye took yp the report, of the Committee,on tha
bill of the Uoute*tp apportion the Representatives among
tjib several Vounlies of this State according to the require¬
ments of the (Constitution.
340
JOURNAL OF THE HOUSE,
The report was agreed to, the bill was read the third time
and passed.
Thf House took up the report of the committee on the bill
bill of the Senate to amend an act entitled an act to regu¬
late new trials, approved <Feb. 20th, 1854.
The report was agreed to. The bill was read the third
time and passed.
The* House took up the report of the committee' on the
bill of the Senate to amend an act approved March 5th," 1856,
entitled an act to authorize persons to submit controversies
to arbitration, and for other purposes therein mentioned.
u The report was agreed to, The bill was read the third
time and passed.
The House took up the report of the committee on the bill
of the Senate to incorporate the town of Perry, of the county
ofHouston, and to extend the limits of the same, and to re¬
peal, an act to incorporate the town of Perry in Houston
county, and to define the duties and authorities of the same,
passed 2Sth, Dec. 1828, $nd for other purposes herein nam¬
ed.
The sapm was amended.
The report as amended was agreed to, the bill was read
the third time and passed, as amended.
Mr. Lewis of Greene, offered the following resolution
which was taken up, read and agreed to, to wit:
Whereas, Mr. John B. Trippe, Treasurer of the State of
Georgia^ has by a stroke of Paralysis been temporarily disa¬
bled from attendance at the Treasury, and the, discharge of
those duties pressing upon that office towards the close of
every session of the Legislature. To obviate the inconven¬
ience growing out of the present disabilities of the Treasu¬
rer to make payment, and especially those upon the Presi¬
dent and Speaker's warrants."
Be it Resolved, By the Senate and House of Representa¬
tives, that Richard L. Hunter, the Agent of the Bank of Sa¬
vannah at Milledgeville, be requested to pay the warrants
aforesaid upon the audited certificates of the auditing com¬
mittee of the Legislature out of any deposits in the said
Bank Agency, belonging to the State of Georgia, and that
this Legislature with his Excellency the Governor, will
cause him to be re-imbursed any and all amounts of money
so paid out .by him beyond such deposits made in accordance
with gaid certificates and warrants.
The House took up the report of the committee on the
bill of the,Sen ate to authorize the construction of a Railroad
from Barnesville, in the county of Pike to the city of Bruns¬
wick, in the county of Glynn, or any other sea port oil the
Atlantic coast of this State, and also to amend the charter
of the Georgia Western Railroad company, and for other
purposes therein mentioned.
FRIDAY, *DECEMRER 9X^ 1859. $41
The report was UgreM to, the bill was reac^ the thitd
fciine and passed.
The Hou^e took np the report qf the eommfttee on the
hill of the Senate tb» incorporate the Planter's Railroad com¬
pany.
The same was amended, the report as amended Was agreed
to, the bill was read tfye "third time and passed.
The House tcfok up the arepbrt of the committee on the bill
of the Senate to amdnd the charter of the city of Griffin.'
Th e report Was igfeed to„ the bill was read the third time
hnd passed.
The following resolution which was offered by the ChaiV-
nl&n of the Judiciary Committee, was taken up, rdad apd
referred to-wit:
Resolved, By the General Assembly, That 'the time mow
kildWed for t*he completion of the Code of Georgia by the
Commissioners appointed for that purpose be extended Un¬
til the first day of November next; and* that a Jokp* Com-
lhittee theteon be appbintecT, composed of eight members
©f the House of Representatives, and five members of ihe
Senate, who shall be required to meet said Commissioners
at the capital in Milledgeville at 'least twenty days before
the meeting of tlj,e next session of the General Assembly,
for the purpose ^ of revising and fully examining the sajd
Code ; and said joint Committee shall report the- result of
tfi.gir investigations to the next ensuing session of this Gen¬
eral Assembly.
GEO. N. LESTER,
Chairman.
The Speaker appointed under the foregoing Resolution
the following gentlemen to-wit:
Messrs. Lester, Fannin of* Morgan, Hartridge, Broyles,
DeLoney, Williams of Muscogee, Lewis of Greene, and An¬
derson.
On motion of Mr. Lewis of Greene, the Hon. I. T. Irwin,
Speaker of the House of Representatives, was added to said
Committee. # 1
The House took up the report of the Committee oh the
Bill of the Senate to incorporate, a Bank, in the city of
Rome, and to amend thq charter of the Timber* Cutters
&apk.
The report was agreed to. TFe bill was rehiil th^ third
time and passed.
The Hou^e took Up the /eport of fhe Committee qU the
hill of the Housp, tp rppeal an act entitled ah act to pro¬
vide for the education ©f the children of the "State between
Certain ages, and to provide an stimqaT sinkiliig fund for the
extinguishment of the phblid debt, ami to provide for the
JOURNAL* Ofr TUE HQUSE.
application of the eifet earnings of the Western & Atlantic
Rail Road, and for other purposes.
On tootion ofJVIr. Slnith of Towns, this and ^ ah btlfer
general bills on the subject af education wOreluid oil tfye
tsfble for the balance of the spssion.
TJie House took up and concurred in. the Senate amend¬
ments to the following bills of the House, to-wit:
A bill to allow Stephen Williams, of Pierce county, and
Jdhn Taylor, of Ware coufrty, to peddle in the irrst Congres¬
sional District without paying license for the vinie.
A bill tb add an additional secti'ozr to the act iucorpor^b
ing the town pf Dahlonega, in the county of .Lumpkin.
A bill to give to Charles N. Perry arid Joseph H. Mare-
house the same privileges, and make thenf subject to the
■same liabilities, as though tbey were of lawful c^e.
A hill to amend an act incorporating a corps of Infantry
in the town of Fort Valley, and als,o>to incorporate the
Ogldthorpe Light infantry of Savannah, and to confer cer-
privileges on the same, and:a bill to incorporate the Bain-
bijidge Voluriteers., and to confer certain priviltges en the
same.
„ The House took up the report of the committee oh, the
bill of the Hopse to add land Lot No. 3^5, in the county
of gliomas, to Colquitt.
* The feport was agreed to, the bill was read the third
time and passed.
The following bills of the Senate were read the second
time and ordered to he engrossed, to-wit:
A bjll to incorporate the ShbllRoad Company.
A bill to incorporate the town of Jonesboro, in the conn-
,ty of Clay tori.
"A bill to fconfer additional powers upon the Mayor and
couhcil of the city of LaGraifge.
A bill to authorize Nicholas Grice, t>f Merriwether coun¬
ty, to peddle, &c.
A bill to repeal an act to authorize the election of Mar¬
shal, for the town of Newnpi, in the county of Coweta? and
fol* other purposes.
A bill to legalize and enforce the operations ©f the Board
rif Police for the 15th District, Gv M., of the county of
Liberty, to copfermpon, the same certain rights, powers and
privileges therein mentioned, and to establish by law the
system of mounted police now maintained in said district.
A bill to change the line between.the Counties of Union
and tannin.
A, bill to regulaih the agepcies of Foreign Insurance
Companies, and provide fcr the appointment of an Insur¬
ance Commissioners,-and a bill to authorize theconsolidation
®f the stock .of the Mijledgeville and .Gordon Rail Road Cp.
with that ©f the Central Rail' Road and Banking Cbjnpauy
FRIDAY, DECEMBER 9Gi, 1859.
343
of Georgia, also the .stock of the Eatopton Branch Rail
Road Company, with ,that of the Central Rail Road and
Banking Company uand to authorize an. increase pf the capi¬
tal stock of the last Company. .
The bill to changethe 18th section of the 14thDivision of
the Penal Code of this State, and for other purposes, was
read *the time, and referred to the Judiciary
Committee. i
. A bill, to be entitled an act for tlie relief of W. P. C.
Faulkner, of Madison county.
A bill, to be entitled an act to change the time of hold¬
ing tlie Superior Courts of the county of Pierce.
A bill to be entitled an act to incorporate the Hydraulic
Rose Mining Company of Lumpkin, to incorporate the
Etowah and Battle Branch Hydraulic Company, and for
other purposes therein specified.
A bill td be entitled an act to suspend a part# of the
eighth section of. an act to provide for the education of the
children of this State between certain ages, and* to provide
an annual sinking fund for the extinguishment of th,e public
debt for the year eighteen hundred and fifty-nine, so'far as
relates to the counties of Greene and Baldwin? ahd to au¬
thorize the Ordinary of said counties to pay over to Certain
.teachers of said counties the school funds belonging to said
Counties, and for other purposes therein mentioned.
A bill to be entitled an act for the relief qf John Farmer
and William Hall, securities, on the appearance bond of
Newt'on Freeman, of the county of Gilmer. , ,
A bill to be entitled an act to compensate the Grand and
Petit Jurors of the county of Daugherty, Paulding,- Terrell,
MerriXvether, and Petit Jurors 'of the counties ,of Marion
and#Putnam, and provide for the same.
A.bill to be entitled an, act to reduce the Sheriffs bond
in the county of Irwin, and for other purposes.
A bill to be, entitled an act for the relief of William D.
Rigdon, of Charlton county, and for other ptirposes.
A bill to be entitled an act to authorize William JFbrdof
Mitchell county, Moses W. Graham, and Charles Findley
of MerriwetheT county, and Russel J. Powell of Franklin
county, to peddle without license.
The following bjllls of the Senate were read fhe second
time and committed for the third reading, to-wit:
A bill to be entitled an act'to apiend the 13th section of
the l^th division of the Penal Code of the State of Geor¬
gia, so as to increase the • penalty for selling and, furnishing,
intoxicating liquors to slaves and free persons of color.
A bill to be entitled an act to incorporate the to.wn of
Statesville, in Echols county, and to appoint Commission¬
ers of1 the same, and to point out the mode of electing Com-
344 frOUfctfA on THE HOUSE.
missioned, ahd Other Officers of said"*tq"w^ and to confer
certain powers on the Cohimidsioiiers thereof, and for dthdr
purposes therein ipeiitioned.
A hill to be entitled an act for the relidf of the estate <of
William Martin, late of the county of Fayette, deceased.
A Tiill to be entitled an act to confer certain privilege
upon Julius A. Code, of Chattahoochee county, tOUiake
lawful his acts' and give him authority to transact business
as thoftgh he was t\Venty-one years of age, and for1 other
purposes. ,
A bill to be entitled an act tO change the namoof the
Planters and Mechanics Bank of Ealton.
A bill t© be entitled an act to ipcbrporate the town of
Milton, 111 the county of Colquitt* and to confer cefrtaia
privileges and powers'on the Commissioners, and to-amend
the several acts incorporating the city of Rotne, and to
confer certain powers on the Mayor and Council of the
pity of Albany*, and to amend the act> incorporating the
town of Monticello, in the county of Jdsper, and for other
purposes*therein mentioned.
A bill tO be entitled an act >to authorize the administra¬
tors of thhesthte of the late TOliver Jones, of the cotnlty
of Harris, tO sell all "the lands belonging to said estate, ly¬
ing in the counties of Harris, Muscogee, and Talbot, at the
Court House, in the county of Harris.
A bill to be entitled an act to provide for the voluntary
enslavement of free persons of color within this* State.
A bifl to be entitled ah act to change the line between
the countiete of Floyd and Polk.
A bill to be entitled an act to add an an additional sec¬
tion to the eleventh division of the Fenal Cot^e.
4 bilj to be entitled an act- to compensate the ShefifFof
Franklin county" for summoning -Grand and Petit Jurors of
said cpynty, and for other purposes.
A bill to be entitled an, act to authorize the Ordinary qf
the county of DeKalbj to pay arrearages due J, F. Buch¬
anan (a teacher of poor children ipf said county) for the
year 18-53.
A bill to b? entitled an act to alter and change the tijn&
of holding the Superior Qoupts of thq counties of Wilcox,
Telfair, Irwin, Berrien and Glynn, and for other purposes
thereiu named.
A bill to be entitle^ an act to authorize Absaldm E.
Roberts, administrator upon the estate of Robert J. Cul-
breath, deceased, under an' order of Count of Ordinary qf
Walton county, to have the distributive share of the widow
of said deceased ascertained ip the estate ©f said, deceased,
and to pay the same over to hep and thohi for the balance of
said estate, Subject to be distributed, to be and remffin the
FRIDAY, DECEMBER 9tH, 1859. 345
property jointly of the two minor children of said deceased,
until pne of theni shall marry or arrive at full age.
A hill to "be entitled an act t® repeal all laws under and by
authority of which Peddlars and itinerant traders fiaye
been permitted to pursue thfeir occupations iu this State,
except as therein specified and to provide and impose pen¬
alties urpon each and every person who may after this act
is provided t<?> take effect, be detected in the violation, of
the provisions thereof, and for other purposes therein spec¬
ified*,
* The following bills of the, House were read the second
tkne and committed for the third reading, to-wit :
A bill to- compensate managers of elections in Warrep
county, and for other purposes. * .
A bill to authorizb the Ordinary of DeKalb county to
pay over to W. A. StanseJ^a sum of money* for- teaching
poor children.
A hill for the relief of Swain M. Fortner and James R.
Meadows, securities, &c. #
A bill to regulate the testimony of parties in Justices
Courts.
A bill to authorize the Justices of the Inferior Court of
Pickens county to retain one half of the State tax of skid
county for a certain time, for a certain purpose.
A bill to incorporate tM Middle Gfeorgia Telegraph Com¬
pany, &c.
A bill to authorize the Inferior Court of Muscogee coun¬
ty to levy ah extra tax for the purpose therein mentioned.
A bilf to appropriate five thdusand dollars to improve
the ftayigation off thd Opstanaula River. ,
A bill to create a new county fropi Macon and Taylor.
A bill to authorize the Ordinary of Marion county to
pay to E. H. Winn his account for b^ehing poor children
in 1853.
A bill to incorporate and endow a Medical College in the
city of Griffin to be called the Middle Georgia Medical Col¬
lege.
A bill the more effectually to enforce the ,act approved
19th Dec., 1803, in relation to slaves transacting business
for themselves, and for other purposes.
A bill in relation fo the city of Augusta, &c»
A hill in relation to the Justices Cobrt of Augusta.
A hill to amend the seyerallaws of this State regulating
the duties of Tax Receivers.
-A bill to ignthorize L. B. Causey, Guardian to settle
with Joseph J, Efale, minor, andfor other purposes.
A bill to incorpdrate the Cottpn Planters' Bank of La*
(irange. . ~
A bill to authorize the Mayor and Council of LaGrahge
to leVy an extra tax, and other purposes.
346 journal of the house.
A "bill -to protect tlie wool growing interests of the State,
A bill to incorporate a Gas company in Adgusta.
A bill to amehd fhe Road Laws of this State so far as
relates to the county of Quittoau.
A bill to incorporate a Bridge in Pike county.
A bill t<J regelate manufactories, &c.
The House adjourped until 9 o'clock, A, M., to-mor¬
row.
SATURDAY, DECEMBER llVa, 1859.
The House met pursuant to adjournment.
• <IH
3Mr. Holmes, of Laurens moved to reconsider so much of
the Journal of yesterday as relates to the pas age of the
Bill of the Senate to regulate the freight ou lime for
agricultural purposes when transported on the Vr. & A. R.
Road.
Upon this proposition the yeas and nays were required
to be recorded.
There are yeas 3-5. There are nays 814.
Those who voted in the affirmative are Messrs:
Allan^ Grovensteine, gobies,
Blakey, darkness, Price
Oason, Henderson of WorthRagsdale,
CauStey, Herrington, Reeder,
Cock, Holland, Smith of Hall,
Coleman, Holmes, Smith of Towns,
Daniel, Kelly ? Rockwell,
DeLamar, Iynox, Tapley,
Fain of Gilmer, McDonald of Lump-V an over,
Fain of Union, kin, Whaley,
Loo dm air, McGar, Worley,
Greene of Cobb. McRea, Young,
Those who voted hi the negative are Messrs.
Alexander, Broyles, JU^ming,
Andersota, Bruton of Forsyth, Glass,
Barksdale, Brewton ofTattnallGibson of \Yarren,
Baugh, Clark of Monfofe, Hardin,
Bjvins, David, Harper of* Henry,
Brantley, Eberlrart, Harper of Sumtfer,
Brinson, Echols, Harris,
Brown df Houston,Fain of Gordon, Heathy
Brown of Sumter, Fannin of Morgan, Henderson of Henry,
SATURDAY* DECEMBER lOxif, 1859. ^47
Scott,
Sere con,
Selinau,
Settle,
Milr-Sinns,
Smith of Bryan,
Solomons,
Stewart,
Strickland,
Tatum,
Terrell,
Tlirii slier,
Tinner,
Tuggfo,
Vaughn,
Waltbn,
Tyhittle,
Wofford,
Henderson ofNew'nLumpkin,
HeokPnhull, jLumsden,.
Hognnst Mattin,
Holden, McCrairy,
Hopkins, McDonald of
Horsley ray,
Howell of Milton, McEver,.
Hurst, McLendon,
Hutchins, McWhorter,
Joyner, Mitchell,
J ones bf Mitchell, Morris,
Jones pf Rabun, Mullens
Kefejirig, Norwood,
Key, Parks,
Khowles, Patrick,
Lewis of Green, Patton,
Lesifer, Pitts, *
Lpckejbt, Prespott,
Lofton,4 • Register,
So the motion did not prevail.
The Bill,to create a new county from Marion <and Taylor
Was referred to the committee on new counties.
The BR1 to donate money to the Reform Ivljdical College
at Macon was withdrawn.
The Bill to .appropriate money to the "Union Society" for
•certain purposes therein named was laid on the table, sub¬
ject to the call of Mr. Hartridge, the mover.
The House topkup the report of the committee on the
Bill to repeal the Act relative to carrying concealed wea¬
pons.
The report was agreed, the Bill was read the third time
and, lost. *
TJie House took up therpport of the Committee 011 the
Bill, to incorporate the Cherokee Manufacturing Company,
located in Cherokee county, Georgia', apdto define the rigk^s
privileges, and liabilities of the sabre.
The report was agreed to, the Bill was read the thjrd
timpand passed.
The House took up the report of the Committee on the
Bill to alter and amend the. Sheriff's fees, in certain Cases, sb
far as relates to the county of Cass.
The same was so amended a^ to extend fts provisions to
the counties of f)ade and Chattooga.
The amended rpporrt was agreed to. The Bill was read
the third time and passed.
The Bill to exempt the property of widows from taxa¬
tion on certain conditions, was on motion r *f erred to a com¬
mittee of five, consisting of bachelors and widowers ; the
348 JOH&NAL, Of* THE HOUSE,
committee appointed on the same, consists qf Messrs.. Fan¬
nin of Morgan, Bivins of Marion, Tatum of Dado, Parka of
Fannin, Clark of Elbert, and Settle of Monroe. _
The HouSe took np the repprt of the Committee on the
Bill to incorporate a Volunteer Military Company in the
town of Fort Gaines, and to confer upon it certain privi¬
leges. The same was amended.
The amended report was agreed to, the Bill was read the
third time and passed.
The following Message was received from his Excellency
tke Governor, by Mr. Campbell, his Secretary, to wit:
- Mr. Speaker : The Governor .has signed the following
Acts, to wit :
An "Act to authorize and require the Ordinary of War¬
ren county to pay Miss Harriet L. Dennis, the sum of eigh¬
ty seven dollars and six cents, out of any school fundinhig
hands for educational purposes..
An ",Act to authorize the Inferior Court of Ware homily,
to assess an extra tax for the purpose of building a court
house*in said county.
An "Act to consolidate the offices of Tax Receiver and
Collector of Wilcox c&unty.
An "Act to reduce the Sheriff's Bond of Dooly county.
An "Act to incorporate Etowah Lodge No. 22*2, of Free
and Accepted Masons, at Dawsonville, in Dawson county.
An "Act to incorporate Herman Lodge No. 1S9, and for
other purposes therein mentioned, of Free and Accepted
Masons.
An "Act to allow additional compensation to the Sheriffs
ox Hall, Cass, and Dade counties.
An "Act to incorporate Georgetown in Quitpctan coun¬
ty*
Also, to define the boundary of said incorporation, and "to
appoint the persons therein named, as commissioners of
said town, and to confer certain powers uppU said commis¬
sioners and tlieir successors in office.
An "Act to revive alter and* amend an Act entitled
an "Act to appoint trustees for the Jackson coqnty Acade¬
my, ahd to incorporate the same, assented to the *20tfo No¬
vember, 1S18, and for other purposes thefein expressed.
The House took up the report of the committee on the
Bill to authorize the cbainqan ,gnd commissioners qf the
town of Loilisvillc, to ta^ free persons of colbr and others on
certain conditions, and for other purposes. The same was
amended.
The amended report wTas agreed to, the Bill was read
the third time and passed.
The House took up the report ©f the committee on the
SATURDAY, DECEMBER, 10th, 1859.
Bill to provide how fines and forfeitures in criminal oases
shall be received and disposed of, and *for otter pqrp6se§
therein mentioned. *
The _ report was agreed to. The Bill was read the
third time and passed.
The House took up the report of the Committee on
the Bill to require the Jailors of the seyeral bounties in
this State to advertize runaway slaves in one of the public
G Jzettees in Milledgeville, in certain cas^s.
The report was agreed* fan The Bill was read the*thixd
time and parsed.
The House took up the report of the Committee on fthle
Bill to incorporate the South Western Magnetic Tele¬
graph Company, and for other purposes.
The report was agreed to. ^he Bill was read the third
time ahd passed. 1
The House took up the report of the Committee on the
Bill to exempt negroes employed by contractors in the con¬
struction of Railroads from liability to work on roads on
certain conditions.
The report was agreed to, the Bill was read the third
time and passed.
The House took up the report of the committee* on the
Bill to authorize Whitmill Home, of the county of Bibb,
to practice medicine, and to charge and collect compensa¬
tion 'for the same.
The report was agreed to, the Bill was read thq third
time and passed*
The House took up the report of the Committee on the
bill to amend the tai, laws of this State.
The report was agreed to, the, Bill was read the third"
time gfnd passed.
The House took up the report of £he Committee on the
bill to define and limit the power Qf Municipal Corporations
ofthi$ State*, ancffor other'purposes.
The same was indefinitely postponed.
The bill to provide for condensing the decisions of the
Supreme Court of Georgia was withdrawn.
The House took up the report of the committee on fte
bill to prevent the killing of game, birds, &c., in Richmond
county.
The report was agreed to, the Bill was read the third
timb and passed.
The House went into a Committee of the Whole,^Mr. Mpr
WhOttef in the Chair, on the bill for the relief en John-
Son E. Wellborn, of the cyunty 6f Union.
Aft^r some time spent therein the committee rose, and
through their chairman reported the same hack to thb
House \Vlthout amendment.
35,0,
JOURNAL OF THE HOHSE.
The peport was agreed to, the. Bill was read the third"
tjnoe and passed. * , f
The H'Oueq took up the report of the Committee on the.
bill to allow the Inferior 6ourt of Dawson county to levy
an extra tax.
The report wag agreed to, the Bill was read the third
time and passed.
The following message was received from the Senate by
Mr. W«est, their Secretary.
Mr. Speaker: The Senate have passed the following
Bills& to wit :
A Bill to* be entitled an aet to compel Justices of the peace,
' in the county of Rabun, to give bond and sedurity, and for
other purposes. Also,
A bill to be entitled an act to legalize the adjournment of
(Quitman Superior Court. Also,
A bill .to be entitled an act for the Relief of James Kar^
Robert Orr, and Elias Payne, of the county of Forsyth.—
Also, * _ ,
.A bill to be entitled an act to amend an act entitled an
act t'o incorporate the Indian Spring Railroad company, ap¬
proved January 22nd 1852. Also, ,
A bill to be entitled an act to give to the commissioners
appointed by the Inferior Court of Calhoun, to examine
Teachers, the power to decide upon their qualifications.—
41s0'
A bill to be entitled an act to alter and amend an act, en¬
titled' an act, to regulate the granting of retail license and
sale of spirituous liquors, assented to 29th December, 1^38,
SO far as relates to the city of Americus* Also,
A bill to be entitled an act to amend and interpret an act
approved March 5th, 1856, relative to the payment of afc-
• bounds of Teachers of poor children. Also,
A bill to be entitled act to consolidate the offipes of Clerk
of the Superior and Inferior Courts of the county of Chat¬
tooga, Also, •
' A bill to'be entitled an act to confer certain privileges
o$ pharles Green. , Also, '
' A Mil to be entitled an act, to repeal an act, entitled an
act, to consolidate the office of Tax* Collector and Receiver
of Tax Returns for the county of Haralson, assented to De¬
cember 11th, 1858. Also,
A bill to be entitled an act to amend an act to incorporate
thj3 GbOrgiaand Alabama Railroad CoMpanyj and to grant
det'taih privileges and powers to the same, and ,for other
purposes. Approved February 18th,'1854, Also, * *
♦A billto be entitled an act to incorporate the Atlanta
Mutual Insurance and Stofck Company. Also,
A bill to be cntiled'an act to Inquire the • Ordinary of*
SATURDAY, DECEMBER 10th, 1859.
Worth, coumy to pay Isaac R. Porter accounts against
said county for tuition of poor children in said county .-r-«
Also, « '
A hill tr be entitled an act to provide for the citizens of
Dedatur ( mirfty crossing Flint Jftiver at or near Bainbtidge*
free"of feuiagei Also,
A hill to he entitled an act to revive and put in force the
third and fourth sections of an act amending an act to incor¬
porate tlio town of Lumpkin, in Stewart county. Approv¬
ed January the 17th 1850, to add additional sections there¬
to, and to 'ii i fend the charter of the cRy of Dalton, and for
other puipo <es.
The Senate have also passed the following Bills of the
House Of B epresentativbs, to wit:
A bill to he entitled an act for the relief of Mary Francis
Numan, of the county of Bibb and for other purposes. Al¬
so,
A bill to be entitled an act to incorporate the town of
Bowden, in the county of Carroll, and for other purposes
therein nit utioned. Also,
A bill to be entitled an act to incorporate the town of
Pawsonvdle in the county of Dawson, in this State, and for
other purposes. Also,
A bill to be entitled an act to repeal an act to amend the
Road Law of this State, so far as relates, to* the county of
Coffee. Also,
A bill to be entitled an act to protect the legacy left f>y
the last will and testament of William D. Martin deceased
for the benefit of the Society at Jefferson, Jackson county?
Georgia, of the Methodist Episcopal Church, South, and for
otlier purposes. Also,
A bill to be entitled ail act to alter land amend the Laws
of this State, so far as relates to the counties of Cherokee
and Columbia.
The Semite have also passed the following bills of tfye
House of Representatives, with amendments, in Which
they ask the concurrence of the House :
A bill to Be entitled an act fprtfe relief of Reuben Cloud
of Decatur, Georgia. Also,
A bill to be entitled an act, to incorporate an insurance
company in the city of Columbus, to be called the* Geor¬
gia Home Insurance Company.
The House took up the report of the committee on the
bill to provide for the paying of pfficers presiding at the
polls on t lections hereafter to be held in Taliaferro county,
and for ot! ier purposes.
Th,e report was agreed to, the'Rill was read the third
time and passed.
The bill to exempt from taxation certain propertyx"was
oh motioi of Mr.. Tafum of Dade indefinitely postponed.
352 JOURNAL OF THE HOUSE.
(The bill to appropriate money to build a State Library,
was, also, on Ms motion, indefinitely postponed.
The House took up the report of the Committee on the
bill to extend the time for the Cherokee Volunteers to pre¬
sent their claims, and to authorize the payme'nt of claims
for rations and forage furnished to Capt. Witcher's com¬
pany in 1838.
The report was agreed to, the Bill was read the third
time and passed.
The House took up the report of the Committee on the
bill for the relief of M. C. Goodwyn of the county of
Pike.
The report was agreed to, the Bill was read the third
time and passed.
The bill to lay out and organize a new county from the
counties of Walker and Chattooga was withdrawn by Mr*
Echols.
The House took up the report of the committee on the
bill to reduce the bond of Sheriffs of the county of Johnson.
The report was agreed to, the Bill was read the third
thne and passed.
The House took up the report of the committee on the
bill to discharge William Rogers of the county of Milton
from the Trusteeship of the property of Mrs. Ann C. Le¬
noir, and her children and to vest said Trusteeship in John
W. Lenoir her husband and father of said cMldren, and for
other purposes.
The report was agreed to, the Bill was read the third
time and passed.
The House took up the report of the Committee orP the
bill to alter and amend the charter of the city of West
Point, and for other purposes.
The same 'was amended.
The amended report was agreed to. The bill was read
the third time and passed.
"The House took up the report of the committee on the
bill for the relief of John A. Bartlett, andLucinda Ellis, of
the county of Bibb, and to legalize their marriage.
The report was agreed to, the Bill was read the third
time and passed.
The House took up the report of the committee on
the bill to protect the property of persons owning farms
adjoining the town of Athens.
The report was agreed.to, the bill was read the third time
and lost.
The bill to confer additional powers upon the Justices of
the Inferior Courts of the several counties of this §tate,
and for other purposes, was referred to the Judiciary Com¬
mittee.
The Housq took up the report t)f th<? committee on the
jSJOTBDAY, DECEMBER lOra^l650. 353
qxi the bill to amend the fifth section of an act 'passed on
the 27th January, 1S5.2, entitled an act more effectually to
prevent fraud in elections in this State, and to detect and,
punish the same. *
The report was agreed to, the bill was read the third
time and passed. ,
The House took up the report of the committee on the
bill to incorporate the Calhoun and Ellisjay Turnpike Com¬
pany* and to confer Certain powers and privileges on the
same.
The report was amended.
The amended report waS agreed to, the bill Was read the*
•third time and passed.
Thq House took up the report of the committee on the
hill to add an additional Section to the first article of the
Constitution of this State.
Yarious amendments were offered, hut not Received.
Mt. Tatum, of Dade tnoved the indefinite postponement1
of the bill. The motion did not prevail.
The report was agreed to.
Mr.Harris, of Glynn* called the previous question on the
passage of the bill. The call was seconded, the m&in ques¬
tion W as then submitted to the- House, and upon the same,
the yeaS and nays were recorded.
There are yeas 4$, there are nays 83.
Thosq.who voted in the affirmative are Messrs ;
Allan, Holland, Nobles,
Anderson, Holmes, ^ Price,
J3augli? Howell of Milton, Ragsdale,
Brown of Houston,, Johnson, Richards,
Broyles, Joyner, Sharpe,
Cason, J ones of Mitchell, Smith of Coffee,
Cook, Tones of Rabun, Smith of Hall,
Pain of Gilmer* Keeling, Smith of Towns,
Fain of Union, Knox, Sockwell,
Fortner Lester, Sweat,
Green of Cobb, Lockett, Thrasher,
Harris Mays, Turner,
Henderson of Hen-McDonald of Mur-West,
ry, ray, Whaley",
Hend nson of WorthMcEver, Williams of Clinch,
Hock* iihullj Mc(Hm, Youpg,
Hogans, McRea,
2?
3-54 JOURNAL OF THE HOUSE,
Those who voted in the negative are Messrs.
Alexander,
Barksdale,,
Blakey,
Bivitisy
Br&ntley,
Brinson,
Harper of Henry,
Harper of Sumter,
Hartridge,*
Heath,
Henderson of New¬
ton,
Brown of Sumter, Herrington,
Brewton of Forsyth,Hicks,
BrewtonofTattnal, H olden,
Causey, Holloman,
Clark of Elbert, Hopkins,
Clarke of Monroe, Hurst,
Cock,
Coleman,
Cullens,
Daniel,
Delony,
Dixon,
Eberhart,
Ector,
Fain of Cordon,
Kelly,
Hey,
Knowles,
Loftoti,
Lumpkin,
Lumsden,
Martin,
Mc Cants,
McComb,
Fannin of Morgan, McCrairy,
Finney, McDonald of Ltunp
Cay, kin,
Class, McLendon,
Gibson of Warren, McWLnrter,
Goodman, Mitchell,
Grovenstein, Morris,
Harden, Mullens
Harkness,
Norwood,
Parks,
Patrick.
Patton,
Perry,
Pitts,
Prescott,
Register,
Reeder,
Render,
Screven,
Selman,
Settle*
Sims,
Smith of Bryan,
Strickland,
Tapiey,
Tatum,
Terrell,
Tuggle,
Underwood,
Vanover,
-Vaughn,
Whittle,
Wicker,
Williams of Musco¬
gee,
Wilson,
Worley,
So the mption did not prevail.
The House took up the report of the committee on the
bill to legalize the marriage*of John G. McMichael with
Elizabeth Ethridge, &e.
The report was agreed to, the bill whs read the third
ti,me and passed.
The House took up the report of the committee on the
Thill to reduce the work on roads in the county of Johnson.
The report was agreed to, the bill was read the third time
and passed.
The Hquse took up the report of the Committee on the
bill to incorporate Oulverton Academy, in the county of
Hancock,
The shm? was amended.
SAT13EDAY, DECBMB^R 10th, 31359. 355
The amended report was- agreed to, the hill was read the
third time and passed. *
The bill to enforce the road laws of this State $ ar d
A bill to repeal an act entitled an act to prescribe certain
piles and regulations to be observed by the several h ailroad
companies in running engines upon, their reSpectirt traces,
&o», &c., were postponed Indefinitely.
The House went into committee of the whole, Mr. Lew¬
is of GTeene in the Chair on the bill to compensati James
Hamilton for services rendered this State as Commissioner
and Surveyor in 1856.
After some time spent therein the committee rose and
ihrough their chairman reported the same ba<jT: to the
jjouse without amendment.
The report was agreed to, the bill was read the third time
&nd passed.
The House went into Committee of the Whole, "Mr* Fan-
hin of Morgan in the Chair on the hill for the rebel of Wilr
Ham Rankin of the comity of Muscogee.
After some time spent therein the committee rose and
through, their chairman reported the sanl^ Mob to "the1
HouSe without amendment.
~ The report was agreed to, the bill Was read thy third
time and lost.
On motion of Mr. Horsley, the bill to authorize the Gov¬
ernor in the name of this State to endorse the Cupon» Bonds
of the Tliomaston and Barnesville Railroad eompair for the?
amount, and on the conditions in said act mentipi, ul, Was
referred to a special committee consisting of Messrs. Horsley,
Fannin of Morgan, Gibson Richmond, Anderson and Lums-
den.
The House took Up the report of the committee on the
bill to amend the rent laws of this State, and to render cer¬
tain property first liable pay debts due for rent, and fot oth-*
er purposes.
The report was agreed to*
The bill was read the third time and lost.
The House- took up the report of the committee on the
bill to provide for the issuing of summary and compulsory
process for witnesses in all criminal cases in this Stide upon
the conditions therein named.
The report was agreed to, the bill was read the tin rd time
and passed.
The House took up ttie Report of the committee on the
bill to incorporate the Marietta Paper Mill companj j id for
other purposes. , ir
The report wa§ agreed to, the hill was read the ti' l time
•and passed.
$56 JOURNAL of THE HOUSE.
(The House took up the report of the committee ©n fh«
bill to incorporate the town of Powder Springs and the Row.
der Springd High School in the county of Cobb, and for oth¬
er purposes.
The sapie wa^ so amended by Mr, Tatum of Dade, as to
incorporate the Cumberland Presbyterian Church of Trent
ton Dade county.
The amended report was agreed to, the bill was read the
third time and passed.
The House took up the report of the committee on tha
bill to alter and amend an act entitled an act, to alter and"
amend the the 15th Section of the 14th Divsion of the Pe¬
nal Code, approved March 5th, 1856.
The report was agreed to.
The bill was read the third time and passed.
The bill to appropriate one million ot dollars for the pur¬
pose of building a new State House, and for other purposes,
was withdrawh by Mr. Tatum of Dade.
The House took up the report of the committee on the
bill to apaend an act approved 4th March, 1856, incorporat¬
ing the Bank of Sparta; to confer certain privileges upon,
the corporators therein named, and to provide for the con¬
struction of a R ailroad from Sparta to Tennille or any oth¬
er point on the Central Railroad.
The report was agreed to, the bill was read the third time
and passed!
The bill to appropriate money to complete the repairs at
the Penitentiary, to fix the salaries of Overseers in said In¬
stitution, and for other purposes, was indefinitely postpon
ed.
The House took up the report of the committee on the
bill to encourage Railroad enterprises in this State.
Mr. Strickland moved the indefinite postponement of the
ame«
Upon this proposition, the yeas and nays were required,
to he recorded.
There are yeas 75, there are nays 52.
Those who voted in the affirmative are Messrs.
Alexander, Clarke of Monroe, Echols,
ftarhsdale, Cock, Ector,
Bivins, Colvard, Fain of Union,
Brantley, Coleman, Fannin of Morgan,
Brinson, Cullens, Finney,
Brown of Sumter, Daniel, Gibson of Rich-
Brewtoti of TatnallDelony, mond,
Causey, Dixon, Gibson of Warren,
Clarke of Elbert, Eberbart, Goodman,
.SATURDAY, DECEMBER lOrft, 1S59. ,35?
-Green of Ck>bb, Lewis of Greene,
Hardin, Lofton,
flarper of Henry, Lumpkin,
Harper of Sumter, Lumsden.
Hartridge, Martin,
Heath, ^ McCants,
Henderson of HenryMcCOmb,
flicks,
Hogans,
Holden,
Holioman,
Hopkins,
Horsley,
Hurst,
Kelly,
Key,
M cCrary,
McLendon,
McWhorter,
Mitchell,
Morris,
Mulling,
Norwood,
Perry,
Pitts.
Reeder,
Screven,
Selpian,
Settle,
Sims,
Smith of Bryan,
Strickland,
Tapley,
Terrell,
Juggle,
Underwood,
Yanoyer,
Vaughn,
Whittle,
Wicker,
Wilson,
Those who voted in the negative are Messrs.
Allan, Holmes,
Anderson, Howell of Milton,
Baugh, Johnson,
Blakey, Jones of Mitchell,
Brown of Houston,Jones of Rabun,
Broyles, Keeling,
Bruton of Forsyth,Knox,
David, Lester.
Ely, Mays,
Fain of Gilmer, McDonald of Lump'
Fain of Gordon,
Fleming,
Glass,
Harris,
Henderson of
Worth,
Herrington,
Hockenhull,
Holland,
kin,
McDonald of Mur¬
ray,
McEver,
McGar,
McRea,
Mintz,
Nobles,
Parks*
Patton,
Price,
RagSdale,
Register,
Richards,
Sharpe,
Smith of Coffee,
Smith of Hall,
■Smith of Towns,
Sopkwell,
Tatum,
Thrasher,
West,
Whaley,
Williams of Clinch,
Worley,
Young,
So the motion: to postpone prevailed.
Mr. Fannin of Morgan, offered the following resolution,
whicb was taken up, read and agreed to, to wit:
Resolved, That all bills hereafter passed shall be transmit¬
ted forthwith to the Senate, unless notice is giVen that a
motion to reconsider will be made.
Leave of absence was jgranted Mr. Patrick, on account of
sickness for the balance of flie session ; to Mr. Glass for the
balance of the session; to Mr, Hutchins of Polk, yntil Tues-
358
JOURNAL OF THE. HOUSE,
day next on special business; to Mr. Smith of Hall, after
Wednesday next for the balance of the session, on special
business; to Mr. David of Forsyth, for the balance of the
session, on account of sickness in his family; to Mr. Grov-
ensteine, after Wednesday next, for the balance oftheses-
' sion, on special business ; to Mr. Sharpe for the balance of
thes sion, on special business; to Mr. Holmes, after to-night,
until Tuesday next; to Mr. Scott until Tuesday morning,
and to Mr. Thggle for the balance of the session on account
of indisposition.
4
The House-adjourned until 3\ o'clock, P. M.
3i O'CLOCK, P. M.
The House met persuant to adjournment.
..And took up the report of the committee on the bill to
incorporate a Medical College in the city of Griffin, to be
called ''The Middle Georgia Medical College."
That portion of the Bill providing an appropriation was
withdrawn.
The amended report was agreed to, the bill was read the
third time and passed.
The( bill to appropriate five thousand dollars to improve
, the navigation of the Oostanaula river, was indefinitely post¬
poned. '
The .House took up the report of the committee on the
bill to authorize the Ordinary of Marion county, to pay over
to E. H. Winn, his accQunt for teaching poor children for
1853.
Various amendments were received.
' The report as amended was agreed to, the bill was read
the thil'J time and passed.
Mr. Lumpkin from the committee on enrollment reports as
' duly enrolled and ready'for the signature of the Speaker of
the House of Representatives :
An act to repeal an act to amend the Road Laws of this
State, so far as relates to the county of Coffee.
Also, an act to amend an act to incorporate, a corps of In¬
fantry in the town of Fort Valley, and the Oglethorpe
Light Infantry of Savannah and to confer certain privi¬
leges on the same.
Also, an act for the relief of Mary Francis Newnanof the
county of Bibb.
Also, -in act to amend the Road Laws of this State, so far
as relates to the counties of Cheroh.ee and Columbia.
SATURDAY, DECEMBER 10TH, 1859. 359
Also, an act to allow Stephen Williams of Pierce county
and John Taylor of Ware county, to peddle in the first Con¬
gressional District.
The House took up the report of the committee on the bill
to authorize the Inferior Court of Muscogee County, to levy
an extra tax, for the purpose therein mentioned. .
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the Committee on the
l)ill to incorporate the Middle Georgia Telegraph Company,
and for other purposes.
The same on motion of Mr. Broyles was so amended as to*
•authorize the Dalton and Gadsden Railroad Company, to
reduce tlie pat value of their shares to ten dollars per share,,
to consolidate with any Railroad Company chartered by the
State of Alabama, and the said consolidated Company, to be
known by the name and style of the Dalton and Jackson¬
ville Railroad Company.
The amended report was agreed to, the bill was read the
third- time and passed.
The following message was received from the Senate, by
Mr. West', thejr Secretary.
Mr. Speaker—The Senate have concurred in the resolu¬
tion of the House of Representatives requesting Richard L.
Hunter, agent of the Bank of Savannah, to pay certain war¬
rants of the Speaker and President and audited certifi¬
cates.
The House took up the report of the Committee on the
bill to amend the Road Laws of this State, so far as relates
to the county of Quitman.
The same was so amended as to extend its provisions to
other counties.
The amended report was agreed to, the bill was read thq»
third time and passed.
Mr. Horsley, withdrew from the House the bill authoriz-
izgthe Governor to endorse the Cupon Bonds, oftlie Thom-
aston and Barnesville Railroad Company.
The House took up the report of the committee on the
bill to regulate the testimony of parties in Jpstices Courts.
The same was amended,
The report as amended was agreed to, the bill was read
the third time and passed.
Mr. Lumpkin from the Coinmittee on Enrollment reported
As duly enrolled and ready for the signature of the Speaker
of the House of Representatives,
A resolution to authorize Richard L. Hunter, agent pf the
360
journal oE the house
Bank of Savannah at Milledgeville, to make certain advan¬
ces during the indisposition of the Treasurer.
Leave of absence was granted Mr. Mintz for the balance
of the session.
The House took up the report of the committee on the
bill to confer additional powers Upon the Justices of the In¬
ferior Courts of the several counties of this State, and for
other purposes.
The report was agreed to, the bill was read the thirdtnne
and passed.
The House took up the report of the committee on the
bill to incorporate a Bridge in Pike county.
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the Committee on the
bill, in relation to Justices Courts in the city of Augusta.
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. Waters his Secretary, to-wit:
Mr. Speaker:—The Governor has signed the following
acts to-wit:
An act to incorporate the town of Thomson in the coun¬
ty of Columbia, and to appoint Commissioners of the same,
and to point out the mode of electing Commissioners and
other Officers of said town, and to confer certain privileges
on the Commissioners thereof, and for other purposes there¬
in mentioned.
An act to amend an act entitled an act to incorporate the
Orphans Home of the Prostestant Episcopal Church in Chat¬
ham county, and for other purposes therein named.
An act to change the name of the Montrose Manufactur¬
ing Company of Sparta Hancock county, to that of the Mon¬
tour Manufacturing Company, and for other purposes.
Also, a resolution to obviate the inconvenience arising
from the temporary illness of John B. Trippe, the State
Treasurer.
The House took up the report of the Committee on the
bill ifl relation to the city of Augusta.
The report was agreed to, the bill was read the third
time and passed.
^ The Hquse took up the report of the Committee on the
bill to incorporate a Gas Company in Augusta.
The same was amended.
The Mnended report was agreed to, the bill was read the
third time and passed.
The House took up the report of the Committee on the
bjll of the Senate, for the relief Henry Henson and Elias Kill-
patricl^ of the county of Towns.
SATURDAY, DECEMBER 10th, 1^50. 861
The report was agreed to, the bill was read the third time
and passed. ,
The House took up the report of the committee on, the
bill of the House, to authorize the Ordinary of DeKalb coum
ty, to pay over to Wm. A. Stansell the sum of three hundred
and forty-eight dollars and ninety cents, for teaching poor
children in said county.
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the Committee on the
bill to authorize the Mayor and Council ofLaGrange, 0 levy
an extra tax, and for other purposes.
The report was agreed to, the bill was read the third time
and passed.
The bill to protect the wool growing interests of this
State, was indefinitely postponed.
The House took up the report of the committee on the1
bill to incorporate the Cotton Planters Bank ofRaGrange.
The report was agreed to, the bill was read the third time
and passed.
The following Message was received from the Sep ate by
Mr. West, their Secretary:
Mr. Speaker; The Senate have passed the following bills,
to wit:
A bill to be entitled an act to change the lines of Butts
and Henry counties.
A bill to be entitled an act to alter and -amend the first
section of the third article of the Constitution, as to the place
or places of the sitting of the Supreme Court of this State*'
Also, a bill to be entitled an act to incorporate the Ala-'
bama Planters Steam Boat Company, and to grant to said
Companies certain powers therein specified.
Also, a bill to be entitled an act to extend the civil juris¬
diction of the Justices of the Peace, in that part of the coun¬
ty of Chatham embraced within the city of Savannah.
Also, a bill to be entitled an act to amend an act entitled
an act, to provide for the Education of the children of this
State, between certain ages, and to provide an annual sink¬
ing fund for the extinguishing of the public debt, so far as
relates to the county of Fannin.
Also, a bill to be entitled an act to authorize the Justices
of the Inferior Court of Coffee county, to levy an extra tax
of fifty per cent for the purpose of paying for their jail, and
for other purposes.
Also, a bill to be entitled an act to repeal a part of the
first section of the third article of the Constitution of this
State,, and to insert a provision in lieu thereof.,
362
JOURNAL OF THE HOUSE,
Also, a bill to be entitled an act to incorporate the Pulas¬
ki Insurance Company, of Hawkinsville, Georgia.
AIsq, a bill to be entitled an act to define and enlarge the
duties of county Treasurers, in the several counties in this
State.
Also, a bill to be entitled an act to repeal the second sec¬
tion of an act entitled an act to repeal the nineteenth section
of an act entitled an act to incorporate a Bank in the city of
Atlanta»to be called the Bank of Fulton, and for other pur¬
poses therein, named.
The Senate have concurred in the amendments of the
House of Representatives to the following bills of the Sen¬
ate, to-wit:
A bill to be entitled an act to incoiiporate the town of
Perry in Houston county, and to extend the limits of the
same, and to repeal an act to incorporate the town of Perry
in Houston county, and to define the duties and authorities of
the same, passed December 2Sth, 1S2S and to repeal an act
entitled an act to amend the*charter of the city of Albany,
so as to give the election of Marshal to the qualified voters
of said city, approved December 22d, 1857, and. for other
purposes therein mentioned.
Also, a bill to be entitled an aet to incorporate the Polk
Slate Quarry Railroad Company, and for other purposes.
Also, a bill to be entitled an act to incorporate the Plan¬
ters Railroad Company, and for other purposes.
Mr. Lumpkin, from the committee on enrollment, reported
as duly enrolled, and ready for the signature of the Speaker
of the House of Representatives,
An act to incorporate the town of Dawsonville in the coun¬
ty of Dawson in this State, and for other purposes.
Also, an act to add additional sections to the act incor¬
porating the town of Dahlonega, in Lumpkin county.
Also, an act to incorporate the Baiubridge Volunteers,
Ufi(l to confer certain privileges upon them.
Also, the Atlanta Greys in the city of Atlanta.
Also , an act to protect the legacy left by the last will and
testament of William D. Martin, and for other purposes.
Also, an act to give "to Charles N. Terry a minor of the
cohnty ot Muscogee, Joseph H. Morehouse a minor of the
county of Screven, certain privileges to authorize Littlebury
Jackson, Guardian of Wm. C. Bickers, (et. a?.,) to settle
with said wards.
The bill to amend the several laws of this State regular
ting the duties of Tax Receivers, wgs ruled out of Order by
the Speaker, action having been previously taken during1 the
present session upon the subject matter of the same.
SATURDAY, DECEMBER 10t^ 1859. 303
The hill to lay out a new county frdm the counties ot
Macon and Taylor,
Was indefinitely postponed.
The House took up the report of the committee on then
bill to authorize L. B. Causey, Guardian, to settle .with Jos¬
eph J. Hale, minor, and for other purposes,
The report was agreed to, the hill was read the third timer
and passed.
The House took up the report of the Committee on the
bill to compensate Managers of Elections, in Warren county,
and for other purposes.
Tile same was amended,
The amended report was agreed to, the bill was read the
third time and passed.
The House took up the report of the committee on the
bill for the relieve of James R. Walker, of the cotmty of
Upson, from the disabilities of minority, and for other pur¬
posed therein stated.
The same was amended,
The report as amended was agreed to. The Bill was read
the third time and passed.
The bill more effectually to enforce the act approved lO^fi
December, 1803, in relation to slaves transacting business
for themselves, and for other purposes, was indefinitely
postponed.
Mr. Lumpkin from the committee on enrollment reports
the following bill as duly enrolled and ready for the signature
of the Speaker of th,e House of Representatives, to-
wit:
An act to incorporate the town of Bowden in, the coun¬
ty of Carroll, and for other purposes therein mentioned and
to regulate the retail of spirituous liquors in a certain dis¬
tance of the poor house of Attanta.
The H ouse took up the report of the committee on the
bill, for the relief of Swain M. Fortner and James R. Mead¬
ows securities of Bennett Powell, late Tax Collector of Eman¬
uel county, Ga.
The report -was agreed to, the bill was read the third time^
and lost.
The Senate amendments to the bill to incorporate an In¬
surance Colnpany in the city of Columbus, to be called the
Georgia Home Insurance Company, and the bill for the re¬
lief of Reuben Cloud of Decatur county, were taken up and*
concurred in.
The Senate bill to submit the question of the removal of
the Court House of the county of Clinch, to the votaoi there¬
of,
Was read the Second time and committed for the third'
reading.
364
JOURNAL OF THE HOUSE,
The following "bills of the Senate were read the first
time, to-witt
A bill to authorize the county of Thomas to aid in the
construction of the South Georgia, and Florida Kailroadand
"for other purposes therein mentioned,
A bill to add an additional section to an act to appoint the
persons therein named Commissioners of the town of Pres¬
ton, &c., assented to, 22d Dec., 1857.
A bill to confer certain privileges on Charles Greene.
A bill for 'the relief of Luke Paget his heirs and represen¬
tatives.
A bill to change the county line between the counties of
Wayne and Charlton ; between the counties of Colquitt and
Thomas; between the counties of Sumter and Lee ; between
the counties of Ware and Pierce; between the counties of
Pulaski and Houston ; between the counties of Banks and
Jackson, and to add certain lots of land, now in the
county of Irwin to the county of Coffee,and for other pur¬
poses.
A bill to extend the corporate limits of the town of Ham¬
ilton, Harris county, to create and give additional powers to
the corporate authorities of said town.
A bill for the relief of John A. Jones and Jackson Orr, of
the county of Milton.
A billior the relief of James Karr, Robert Orr and Eli-
as Payne, of the county of Forsyth.
A bill to repeal an act entitled an act to consolidate the
Offices of Tax Collector and Receiver, for the county of
Harralson, assented to, 11th Dec., 185S.
A bill to be entitled an act for the relief Davis Gammage,
Shadrick Ware, Wm. Winters and Henry M. Johnson from
their liability upon a certain Penal Bond.
A bill to incorporate the Hebrew Congregation of the
City of M aeon.
A bill to' repeal all laws relating to head rights, so far as
as they relate to Franklin county.
A bill to change the line between the counties of Baker
anj Early, so as to include lot of land No. 392, 7th district of
feaker in the county of Early.
A bill to amend and interpret an act, approved March
5th, 4856, relative to the payment of accounts of teachers of
poor children.
A bill to alter and amend an act to regulate the granting
ofxetail license and Sale of spirituous liquors, assented to,
29th Dec., 1828.
A bill to incorporate Chicaro Baptist Church in the coun¬
ty of Rabun.
A bill to amend an, act in reference to granting divorces,
apprgved 5th, 1806f
&4TORDAY> DECEMBER 10th, 185& 365
A bill to alter the tax laws of this State.
A hill for thb relief of Moses G. Sutton, of Berrien couth
ty' ■ *
A hill to Compensate the Sheriffs of Jefferson county, for
serving Subpoenas on Graild and Petit Jurors.
A bill for the relief of Susan Lj B. Godwine of Bibb
county and Wm.P. Freel of Troup county.
A bill to authorize the Ordinary of Whitfield county, to
pay teachers of poor children in 1859,
A bill to amend an act to incorporate the town of Dalton
under the nartie and style of the city of Dalton, approved'
December 28th, 1853.
A bill fb alter and change the common school laws of
Walker county.
A bill to change the line between the counties of Whit¬
field and Catoosa, and for other purposes.
A bill to pay Isaac P. Porter's accounts against-said coun¬
ty for tuition of poor children in said county.
A bill to change and alter the lines between the counties
of W orth and Colquitt.
A bill to incorporate the Augusta Presbytery and Savan¬
nah River Steam and Pole Boat Navigation Company of
North Eastern Georgia.
A bill to incorporate the Savannah Mutual Loan Associa¬
tion.
A bill for the distribution of the Estate of Colleman S.
Pringle, late of Pik,e county, deceased, and for the relief of
the Executors of the last will of said testator.
A bill to authorize the Governor of this State to grant
certain priviliges to the Dalton and Gadsden Railroad Com¬
pany.
A bill to compel Justices of the Peace of the county of
Rabun to give bond and security, and for other purposes.
A bill to amend an act to incorporate the Georgia White-
path Gold and Copper Company, approved February 18th,
1856.
A bill to prevent delay in the trial of causes in the
Courts of this State in consequence of the death of parties
in certain circumstances to be made on motion, and for
other purposes.
A bill to alter and amend and define an act to proyide for
the education of the children of this State between cer¬
tain ages, assented to Dec. 11th, 1858, and for other pur¬
poses, so far as relates to Murray county.
A bill to be entitled an act to require the Ordinary of
the county of Worth to pay John Everett's account foi;
teaching poor children in the year 1857 and 1858, and fo
authorize the Ordinaries of the several counties of this
State to pay the Teachers of poor children in their respec¬
tive counties as herein specified.
3G6 JQIJKNAL OF THE HOUSE.
A bill to be entitled an act to authorize the arrest and
rendition Gf persons committing offences against the erim^
"Jinal lawS of any of the States adjoining to the State of
"•Georgia, and who may take r'efuge within the limits of
the State of Georgia upon certain conditions herein named,
A hill to provide for the election of County Treasurer
ill the counties of Berrien, Newton, Baker, Forsyth, Hall,
Luprpkin, Ware, Mitchell, Fannin, Paulding, Johnson and
Marion.
A bill for the relief of William L. Rackly and Eliza A.
Hackly formerly Eliza A- Brazwell, of the county of De-
patur, and for other purposes therein mentioned.
A bill to legalize the purchase of a tract of land made by
Iftfrs. Clemintina J. Billingslea, administratrix of Jas. F.
Billingslea, deceased, of the county of Greene.
A bill to incorporate the first Presbyterian Church of the
city of Columbus, and the St. Luke Methodist Episcopal
Church South, of the city of Columbus, and St. Paul Meth
odist Episcopal Church South, of the city of Columbus.
Also, to amend an act to incorporate the Trustees for
Wesley Chapel, Andrew Chapel, and Trinity Church of the
Methodist Episcopal Church South, in the city of Savan¬
nah. Approved 2d. December, 1S49, and to appoint sepe-
rate Trustees for Wesley Chapel, in said city, and the prop¬
erty thereof.
A bill to provide for the citizens of Decatur county cross¬
ing Flint River at or near Bainbridge free of ferriage.
A bill to alter, amend and construe an act to provide for
the education of the children of this State, &c. Assented
to 11th December, 1S5S, so far as relates to the county of
of Paulding.
i A bill to regulate the sale and use of spiritous liquors
and intoxicating drinks within the corporate limits of the
town of Elberton.
A bill to authorize the Ordinary of Butts county to pay
Matthew J. Gibson for teaching poor children in said coun¬
ty, and to authorize the Ordinary of Fayette county to pay
John S. Wooten for teaching poor children in said county,
tod to authorize the Ordinary of Harris county to pay
John Anderson for teaching poor children in the county of
parris.,
A bill to authorize the Inferior Court of the county of
Hancock to compel the hands subject to road duty in "any
one District in said county, to perform road duty in"any ad¬
joining District.
gi, bill to repeal the second section of an act to provide
for the education of children of this State between certain
ages, andt to provide an annual sinking fund for the extin¬
guishment of the public debt, so far as relates to the coun¬
ty of Echols, and for other purposes.
8A,1 tl Uli/AV, 'tiEC'K'MIKBS' ioth, 18-59. 3sr
A till to abolish the Senates Academicos to-give its pow-
ers to the Board of Trustees of the University of Georgia,
and to vest the governlnent of said University in said Board*
nf Trustees.
A bill to amend an act incorporating the Georgia and
Alabama Bail Road Company, and for other purposes. ,
A bill to incorporate the Chestatee River and Town
Creek Hydraulic Hose Mining Company, and the Caranders
Creek and Ward's Creek Hydraulic Hose Mining Company.
A bill relative to the Thomaston and Barnesville Rail
Road Company, and for other purposes.
A bill to incorporate Furlough Female College, in the
city of Americus.
A bill to authorize Justices of the Inferior Court of
Lumpkin county, to levy an extra tax for certain purposes
therein mentioned.
A bill to. proscribe and define the qualifications of
persons in Early county for the office of Ordinary, and to
remove certain disabilities under estray laws, and for other
purposes.
A bill to amend an act entitled an act to amend an act en¬
titled an act to carry into effect the sixth section of the
fourth article of the constitution of this State.
A bill to declare the true intent and meaning of the 5 Oth
section of an act to carry into effect the amended constitu¬
tion in reference to ordinaries in this State, and for other
purposes.
A bill to amend an act entitled an act to prescribe the
manner in which the names of persons may be changed, and
persons legitimatized, and for other purposes therein men¬
tioned.
A bill to amend an act to incorporate the Indian Spring
Rail Road Company.
A bill to authorize James E. Lyon, of the county of Pu¬
laski, to peddle on certain conditions.
A bill to legalize the adjournment of Quitman Superior
Cqurt.
A bill to consolidate the offices of Clerk of the Superior
and inferior Courts of the county of Chattooga
A bill to authorize the Ordinary of Pike county, to pay
teaphers of .poor children for- the year 1858, and for other
purposes.
A bill to authorize Solomon A. Howell and others, to
peddle without paying for license within certain limits.
A bill to give to the Commissioners appointed by the
Jnferior Court of Calhoun county to examine teachers, the
power to* decide as to their qualifications.
A bill to revive and put in force the 3d and 4th sections
of an act amending an act to incorporate ^ the town of
Lumpkin, in Stewart county, to add additional section^
368 JOURNAL OP THE HOUSE,
thereto; to amend the charter of the city of D alt on, and
for other purposes,
A bill to allow the Ordinaries of the counties of Talbot,
Newton, Cobb, Columbia and Hart, to pay certain teachers
of1 poor children in said counties, and for other purposes.
A bill to change the time of holding the Inferior Court
in the county of Gordon.
A bill to declare the meaning and intention of an act,
^mendatory of an act, to exempt from levy and sale, under
execution, certain property therein mentioned. Assented
to 22d Dec,, 1857.
A bill to alter and amend the laws now existing in, refer¬
ence to the Supreme Court.
A bill to incorporate the Atlanta Mutual Insurance and
* stock company.
The following bills of the Senate were read the second,
time, and committed for a third reading, to-wif:
A bill to compel all persons non-residents of the county
of Wayne,"owning, penning and grazing stock cattle in said
coiinty to return and pay tax on the same in the county
aforesaid.
A bill to incorporate the Southern Rights Guards, in the
county of Houston. To incorporate the Scott Rifles, in
the county of Talbot. To incorporate the Macon county
Yolunteers, in the county of Macon, and for other purposes.
A bill to authorize the Inferior Court of Early county^
to levy a road, tax and for other purposes.
A bill to allow the Attorney General and Solicitors Gen¬
eral a fee in cases of Peace Warrants.
A bill to provide and give liens to stone cutters and
marble companies of this State to secure payment for
their labOr.
A bill to define and punish vagrancy in.free persons of
color.
A bill to incorporate the town of Carnesville, in the
cotmty of Franklin, and for other purposes.
A bill to define and declare the jurisdiction of Courts in
this State in suits against R. R. Campanies.
A bill to incorporate the Home Guards in Madison Mor¬
gan county, and to grant certain privileges therein specified.
A bill to provide for the distribution and disbursement of
the common school fund, to which the counties of Gilmer
and Lumpkin, are, or may be entitled, under and by virtue
of an a^t passed 11th December, 1858, and for other pur¬
poses therein mentioned.
A bill to incorporate the Enterprise R. R. Company, and
for Other purposes.
A bill to incorporate the Stewart Volunteers, and other
Volunteer Companies berein mentioned, and to bxtend cer¬
tain privileges to them and all other Volunteer Companies
MONDAY, DECEMBER 12th, 1859. 369
now organized, or hereafter to be organized in this State,
and for other purposes.
Leave of absence was granted Mr. Williams of Clinch,
for the balance of the session, on account of sickness in his
family; to Mr. Terrell for the balance of the session on
special business; to Mr. Reeder for the balance of the ses¬
sion on special business; to Mr. Alexander, of Ployd, for
the balance of the session on account of urgent business;
to Mr. Rhodes, of Richmond, for the balance of the session
On account of sickness in his family.
The House adjourned until 9£ o'clock, A. M., Monday.
MONDAY, DECEMBER 12th, 1859.
The House met pursuant to adjournment.
Mr. Horsley moved to reconsider so much of the Journal
of Saturday as relates to the indefinite postponement of
the bill to exempt certain property from taxation, &c.
Upon this motion the yeas and nays were required to be
recorded.
There were yeas 34. There were nays 78.
Those who voted in the affirmative are Messrs:
Anderson, Gibson of Warren, Nobles,
Barksdale, Hardin, Norwood,
Bivins, Henderson of Hen-Parks,
Brantley, ry, Patton,
Cook, Henderson of W'rth,Ragsdale,
Daniel, Horsley, Selman,
Dixon, Lewisof Greene, Tatum,
Eberhart, Lewis of Hancock,Underwood/
Fannin of Morgan, Lumpkin, Yanover,
Glass, Lumsden, Walton,
Gibson of Rich- McCrairy, Whittle
mOnd, 1 McWhorter, Young,
Those who voted in the negative are Messrs :
Alexander, Broyles, Causey,
Allan, Bruton of Forsyth, Colvard
Bauffi, Brewton of Tatt- Coleman,
Blakey, nail, 2°^ley'
Brown of Sumter, Cason, Cullens,
24
370
JOURNAL OF THE HOUSE,
Henderson of New
ton,
Hurst,
Joyner,
Jones of Rabun,
Keeling
Kelly,
Key,
KnowleS,
"Knox,
Lofton,
Martin,
Mays,
McCants,
McDonald of Lump
kin,
McDonald of Mur
ray,
McEver,
McGar,
McLendon,
Mitchell,
Perry,
-Prescott,
Price,
Richards,
Rozier,
Settle,
Sirns^
Smith of Bryan,
Smith of Coffee,
Smith of Hall,
Sockwell,
Sweat,
Tapley,
Thrasher,
Turner,
■Vaughn,
West,
Whaley
Williams of Clinch
\V ilson,
Wofford,
Worley,
Echols,
Fain of Gilmer
Fain of Gordon,
Fain of tlnion,
Fleming,
Finney,
Fortner,
Goodman^
Green of Cobb,
Grovenstein,,
Harkness,
Harper of Henry,
Harper of Sumter,
Hicks,
Hockenhull,
Hogans
Holder^
Holland
Holmes,
Hopkins,
Harris,
Heath,
Herrington,
So the nation did not prevail.
Ma. Dixon of Muscogee offered the following resolution,
which was taken up read and disagreed to, to wit :
Resolved, That the House of Representatives do appoint
R. A. McComb, M. G. Fortner, and James N. Tapley, with
such .committee as may be appointed by the Senate, to biicij
•up the unfinished business of this Session, and that fivedaju
be allowed said members hereby appointed for that purpose
at the same per diem as is now allowed to the members (If
the General Assembly, for their compensation.
The bill to authorize the Justices of the Inferior CourJ
of Pickens county to retain one half of the State Tax t>f
said county, for a time mentioned, for School purposes, wafc
on motion of Mr. McWhorter of Greene, indefinitely post¬
poned.
The House took up the report of the Committee on thp
bill to provide for the payment of teachers of poor ehildrea
in the coupty of Hall.
^ The report was agreed to, The bill was read the thirj
time andjpassed.
The House went into a Committee of the Whole, Ma
Colvard of Columbia in the chair, on the Bill to appropriate
money to the county of Dawson, to supply a deficit in the
schobl funt| for the year 185S.
After $ohie time spent therein, the Committee rose, an|
MONDAY, DECEMBER 12th, 1859, 371
tkroygli fhteir Chairman, reported Rle same back to the
House without ameudment.
The report was agreed to, the Bill was read the third
time and passed.
The House took up the report of the committee on the
bill to create a School Commissioner, for the co i i ly of
jasper, and to provide for the education of certain rh idren 1
and to authorize the levying a tax for the same, knd 1' n oth¬
er purposes. The games was amended on motion of the
ffiover.
The report was agreed to. The Bill was read the third
time and passed as amended.
The House took up the report of the Committee on
the hill to alter and amend an act entitled an act to provide
for the education of the children of this State, between cer¬
tain ages, and to provide an sinking fund for the extinguish¬
ment of the public debt, assented to December 11th, 18-58,
knd for other purposes," so far as relates to the county of
Bab tun
The report was agreed to, the bill was read the third time
jmd passed.
The House took up the report of the committee on the
bill of the Senate to provide fot the proper distribution of
the pommon school fund, in the county of Lumpkin. The
same was amended.
The report as amended wg,s agreed to, the bill was read
the third time and passed.
The House took up the report of the Committee on the
hill to authorize the Ordinaries of Habersham and White
counties to pay teachers of poor children taught pi ,vious
to the year 1859, in said counties.
Thep'eport was agreed to, the bill was read the third time
and passed.
The House took up the report of the cpmmittee on the
bill to change the line between Habersham and White
counties, and for other purposes.
The report was agreed to, the bill was read the third
time, and on the question of its passage, the yeas and nays
were required to be recorded.
There are yeas 60; There are nays 44.
Those who voted int the affirmative are Messrs.
Alexander, Dixon, Fleming,
Blakey, Ebprhart, Fortner,
Bruton of Forsyth, Ector, Glass,
Cason, Fain of Gilmer, Gibson of 1' nrren,
Oolvard, Fain of Gordon, Goodman,
Daniel, Fain of Union, Hardin,
Delony, Fannin of Morgan, Heath,
372
JOURNAL OF THE HOUSE.
Henderson of W orthLumdsen,
Iierington, Martin,
Hockenhull, McComb,
Holm on, McCrairy,
Hopkim Nobles,
Hqvsley Norwood,
Howell of Milton, Parks,
Hurst, Patrick,
Hutchins, Patton,
Jones, of Mitchell, Perry,
Jones of Rabun, Prescott,
Key, Rags dale,
Knowles. Render#
Lofton
Those who voted in the negatiye, are Messrs.
Harper of Sumter, McLendon,
Henderson of Hen-Mitchell,
ry, Mullens,
Hicks, Price,
H ogans,
H olland,
Joyner,
Keeling,
Rosier,
Smith of Coffee,
Smith of Hall,
Sock well
Sprayberry,
Sweat,
Tatmn,
Turner,
Yanover,
West.
Whaley,
Williams of Clinch,
Young,
Allan,
Anderson,
Barksdale,
Baugh,
Bivins,
Brantley#
Brown of Sumter,
Broyles,
Brewton of Tatnall,Knox,
Causey,
Coleman,
Conley,
Finney,
Groveiisieipe,
Harkness,
Harper of Henry,
Richards,
Selman,
Settle,
Sims,
Smith of Bryan,
Thrasher,
Underwood,
Lewis of Greene,
Lumpkin,
McDonald of Lump-Vaughn,
kin, Walton,
McDonald of Mur- Whittle,
ray, Wilson,
McEver, Wofford,
So the Bill was passed.
The House took up and coucurred in the Senate Resolin
tion relative to the pardon of Wm. A. Choice.
The House took up the report of the committee on the
bill of the Senate to regulate the school fund of Habershanl
county, and for other purposes therein named.
The report as amended was agreed to, the bill was read,
the third time and passed.
Mr. Lumpkin, from the Committee on Enrollment, report
yiS duly enrolled, signed by the President of the Senate, ana
ready hn the signature of the Speaker of the House of Rep
resentatives ;
An ac to be entitled an act to change the time of holding
the general elections in this State, and for other purposes.—1
Also,
An art to ^mend an act entitled an act to regulate netf
trials# approved February the 20th* 1354. Also,
MONDAY, DECEMBER 12th, 1859. 373
An act to be entitled an act to amend the Judiciary Act
of this State, and to direct the manner of making Trustees
parties Plaintiffs or Defendants in all suits or actions, now
pending, or may hereafter exist in the several Courts of this
State. Also,
An act to be entitled an act to amend an act approved •
March the 5th, 1856, entitled an act to authorize persons to
submit controversies to arbitration, and for other purposes
therein mentioned. Also,
An act to amjend an act entitled an act to pro ride for the
education of the children of this State, betwedu certain
ages, an to provide and annual sinking fund for the extin¬
guishment of the public debt, Assented to December the
11th 1858, so far as the same relates to the county of Hall.
Also,
An act to amend the charter of the city of Griilin. Also,
An act to authorize the construction of a Roil Road from
Barnesville, in the county of Pike, to the city of Bruns¬
wick, in the county of Glynn, or any other seaport on the
Atlantic coast of this State with a recognition of the vested
rights granted in other Rail Road charters by the Legislature
of the State, and protect its rights, and define its liabilities,
and also to amend the charter of the Georgia Wekern Rail"
'Road Company, and for other purposes therein mentioned.
Also,
' An act to incorporate a Bank, to be located in the city of
Rome, to be called the Bank of Rome, and to amend the '
charter of the Timber Cutters Bank. Also,
An act to incoaporate the Polk Slate Quarry Rail Road
"Company, and for other purposes. Also,
An act to incorporate the town of Warrenton, in "War¬
ren county, and to amend the charter of the city of Atlan¬
ta, and for other purposes therein named.
The House took up the report of the Committee on the
bill of the Senate to authosize Jurors to assess damages
in matters of illegalities, upon certain conditions.
The report was agreed to, the bill was read the third
time and passed.
The House took up the report of the committee on the
bill of the Senate in relation to the admission of evidence.
The amended report was agreed to, the Bill was read
the third time arid passed.
The House took up the report of the commit tee on the
bill of the Senate to change the line between the counties
of Early and Calhoun.
The same was laid on the table for the balance of the Ses-
sio11- . . +i
The House took up the report of the commm.-o on tne
bill of the Senate to change the line between the comities of
Elbert and Hart.
374
JOURNAL OF THE HOUSE.
The report was agreed to, the Bill was read the third
time and passed. , .
The House took up the report of the Committee ou th$
hill of the Senate to alter and amend the several acts rela¬
tive to the prokate of wills, granting letters testamentoryf
and of administration, and for other purposes therein spec¬
ified. ,
The report was agreed to, the Bill was read the third,
time and passed.
The Iioutse took'up the report of the committee on the
bill of the Senate to define and declare the jurisdiction of
the Courts of this State in suits against Rail Road Compan¬
ies. - ,
The report was agreed to, the Bill was read the third
time and. passed.
The House took up the report of the committee on the
billof the Senate to change the 18th Section of the 14th
Division of the Penal Code of this State, and for other pur¬
poses. The same was amended. •
The amended report was agreed to. The Bill was read
the third time and passed.
1 The House took up the report of the Committee on the
bill of the Senate to alter, change and define the line be¬
tween Early and Clay counties ; also between Henry and
Clayton, • .
On motion of Mr. McWhorter of Greene, the first Sec¬
tion was amended by striking the preamble in and inserting
' "that the lines between the counties of Early and Clay he
changed as follows : commence at the southwest corner of
the lot of land in the fifth land district of Early county, on.
which Martin W Stamper,jnow resides, and run north to the
Colomokee creek, and run east from the same corner of said
lot to Gates' Branch—thence down said Branch to Colomokee
Creek; the territory included being hereby added to the coun¬
ty of Clay,
Mr. lTendarson of Henry moved to amend by striking
out the second section.
Upon this motion Mr. Glass required the yeas and nays
to be recorded.
There are yeas 63. There are nays 34.
Those who voted in the affirmative are Messrs :
Alexander, Brown^of Sumter, Colvard,
Anderson, Broyles, Coleman,
Baugh, Bruton of Forsyth, Conley,
- Blakoy, - Cason, Copk,
Bivius, Causey, - Daniel,
Brantley, Clark of Elbert, Delopy,
MONDAY, DECEMBER IStb, 185£r, 873,
Dixotf, Joyner,
Ebevha^t, Jones of Rabbin,
Ector, Kelly,
Fain of Union, Lewis of Green,
Fannin of Morgan, Lumsden,
Fleming, McCrairy,
Finney, McDonald of Lump-
Harper of Henry, kin,
Harper of Sumter, McDonald of Mur
Harris, ray,
Heatli, McEver,
Henderson of Henry, McLendon,
Herrington, McWhorter,
Holland, Norwood,
Hopkins, Perry,
Horsley Render,
Hurst, Rozier,,
Selman,
Settle,
Sims,
Smith of Bryan,
Sockwell,
Solom-ons,
•Underwood,
Yanover,
-Vaughn,
Walton,
West,
Whittle,
Williams of Clinch,
Worley,
Those who voted in the negative are Messrs.
Barksdale, Lofton,
Brewton ofTattnallMartin,
Echols, Mays,
Fain of Gilmer, McComb,
Gay, McGar,
Glass, Mitchell, .
Gibson of Warren, Nobles,
Henderson of WorthParks,
Hicks, Patton,
Hockenhull, Prescott,
Enowles, Price
Knox, Ragsdale,
So the amendment was received,
Richards,
Smith 6f Coffee
Tapley,
Tatum,
Thrasher,
Turner,
Williams of Musco¬
gee,
Wofforcl,
Young.
The Bill was read"
The amended (report was agreed to.
the third time and passed.
The House took up the report of the Committee on the
Fill of the Senate to add a Section to the 11th Division of
the Penal Code.
The report was agreed to. The Bill was read the third,
time and passed..
The House took up the report of the Committee, on the
bill of the Senate to change the -lino between the counties
of Floyd and Polk,
The report was agreed to. The Bill was read the*
third time and passed.
The House took up the report of the Committee on*
the bill of the Senate to confer additional powers upon the
Mhyor and Council of the city ofLaGrange, to regulate the
rules of taxation in said city, and to grant certain exemp¬
tions to the diligent Firemen of LaGrange.
&& Journal of the house.
Tire reporf was agreed to, t)ic bill was read the tliird tiiaa.
and passed.
The House took up the report of the Committee on the
hill of the Senate for the relief of the estate of Samuel Mar¬
tin, late of the county of Fayette, deceased.
The report was agreed to, the bill was read the third
time and lost.
The following message was received from the Senate by
Mr. West their Secretary :
Mr. Speaker:—The Senate have passed the following bills
to wit:
A bill to be entitled an act to change the line between
the counties of Elbert and Madison, and for other purposes
Also, a bill to be entitled an act to amend the several
acts incorporating the town of Cartersville, in Cass county,
•so far as to exclude the residence of James Milner out of the
Corporate limits of said town.
Also, a bill to be entitled an act to explain the 10th sec¬
tion of the 10th division of the Penal Code of this State.
Also, a bill to be entitled an act to alter and change the
line between the counties of Dougherty rnd Worth.
Also, a bill to be entitled an act to- incorporate a corps of
Infantrytin the town of Jonesboro, in the county of Clay¬
ton, to be known as the Clayton Volunteers, and to confer
certain privileges on the same.
Also, a bill to be entitled, an act to require the several
Treasurers of the several school Districts of the county of
Lumpkin, to ref-urn the unexpended balances of the school
funds now i^ their hands to the Ordinary of said county,
and for other purposes therein named.
Also, a bill to be entitled an act to change the time of
holding the Inferior Courts of Emanuel county.
Also, a bill to be entitled an act to provide compensation
to Coroners for burying insolvent persons.
Also, a bill to be entitled an act to alter and amend the
law of descent, in cases of persons who are illegitimate, or
borri out of lawful wedlock dying intestate.
Also, a bill to be entitled an act, to repeal a portion of
the 8th section of an act approved Dec. 11th, 1858, entitled
an act to provide for the education of the children of this
♦State between certain ages, and for other purposes, so far
as the same applies to Emanuel county.
Also, a. bill to be entitled an act to further regulate the
retail of spirituous liquors.
Also, a bill to be entitled an act to repeal an att entitled
ap acf to eonsqlidate the office ot Clerk of the Superior anil
Jnferiof fTohrts of the county of Haralson. Assented to
December 22d, 1857, and for other purposes.
Also, a bill to be entitled an act to amend an act facili-
MONDAY, DECEMBER 12TH, 1859. 377
fating Mining Operations for gold, and for other purposes,
in the county of White. Assented to December 13tM
1858.
f Also, a; bill to be entitled an act to alter and change the
county line between the counties of DeKalb and Henry.
Also, a bill to be entitled an act to amend an act entitled
an act for the better protection and security of orphans
and their estates. Approved-Feb'y ISth, 1799.
Also, a bill to be entitled an act to authorize the Inferior
Court of Haralson county to levy an extra tax.
Also, a bill to be entitled an act to correct and perfect
the plat, and grant to lot of land No. 142, in the 4th Dis¬
trict of originally Appling, now Pierce county, so far as
to change the title to William instead of Abraham Osfeen.
Also, a bill to be entitled an act to require certain offi¬
cers in Emanuel county, to be kept at the couiity site, and
for other purposes.
Also, a bill to be entitled an act to amend the act to or¬
ganize a volunteer battallion, in the city of Savannah, to be
called the Independent Volunteer Battallion of Savannah,
Approved January 20th, 1852.
Also, bill to be entitled an act amendatory of the act of
1S57, entitled an act to provide against the forfeiture of the
several Bank charters in this State, on account of non->
specie payment for a given time, and for other purposes
therein named, and declaratory of the true meaning of
certain sections of the same.
Also, a bill to be entitled an act to authorize Stephen El¬
lis, an old man of the county of Gwinnett, as an itinerant
trader, to vend any goods, wares, nr merchandise within
the county of Gwinnett, without obtaining license for the
same.
Also, a bill to be entitled an act to provide compensation
for the Petit Jurors in Mitchell county, and for other pur-
jpuses.
Also, a bill to be entitled an act for the relief of James
Brooks and John H. Jones of Randolph county, of Jordan
Flanders of the county of Emanuel, of John M. Brack of
the county of Dougherty, of Benjamin Chapman, of the coun-,
ty of Clayton, and of Noah Godfrey of the county of Mus¬
cogee, and for other purposes.
Also, a bill to be entitled an act to pay the Sheriffs of the
Several counties of this $tate for certain services, and for
other purposes.
Also, a bill to be entitled an act to change the lines be¬
tween the counties of Laurens and Johnson.
The, Senate have also concurred in the resolution of the
ilouse of Representatives extending the time for ' he com¬
pletion of the Code of Georgia, until the 1st day of Noveir^
378
JOURNAL OF THE HOUSE.
Ijer next, with on amendment in which they ask the concur-
renet of the House.
The following message was received from His Excellen¬
cy the Governor, by Mr. Campbell, his Secretary, to wit:
Mr. Speaker:—The Governor has signed the following
Acts to-wit:
An act to repeal an act the Road Laws of thisState so
far as relates to the county of Coffee.
An act to incorporate the town of Dawsonville in the
county of Dawson in this State, and for other purposes.
An act to amend the amend the Road Laws of this State,
so far as relates to the counties of Cherokee and Columbia.
An act to amend an act to incorporate a Corps of Infantry
in the town of Fort Valley, and
Also to incorporate the Oglethorpe Light Infantry of
Savannah, and to confer certain privileges upon the same,
approved Dec. 11th, 1858.
I am also directed to return to this branch of the Gener¬
al Assembly in which it originated,
A bill entitled an act for the relief of Mary Francis Kew-
nar of the county of Bibb, and for other purposes, accom¬
panied with a communication in writing.
An act to add additional sections to the act incorporating
the town of Dahlonega, in the county of Lumpkin.
An act to protect the legacy left by the last will and tesr
tament ofWm. D. Martin, deceased, tor the benefit of the so¬
ciety fit Jefferson Jackson county Georgia, of the Methodist
Episcopal Church South, ancl for other purposes.
An act to incorporate the Bainbridge Volunteers, and to
confer .certain privileges upon the same,
Also, to incorporate the Atlanta Greys, in the city of At¬
lanta in the county of Fulton.
The House took up the report of the committee on the
till of the Senate, to confer certain privileges upon Julius*
A. Cade of Chattahoochee county, to make lawful his acts
and give him authority to transact business, as though hq
was 21 years of age, and for other purposes.
The report was agreed to, the bill was read the third time
aud passed.
The House took up the report of the committee on the
bill of the Senate, to submit the question of the removal of
the Court House in the county of Clinch to the voters there¬
of.
The same was postponed indefinitely.
The House took up the report of the committee on the
bill of the Senate, to amend the 13th section of the 13th dh
visioh of the Renal Code of the (State of Georgia, So as to in*
MONDAY, DECEMBER 12th, 1S59. 379
crease the penalty for selling and furnishing intoxicating li¬
quors to slaves and free persons of color.
The report was agreed to, the hill was read the third
time and passed.
The House took up the report of the committee on the
bill of the Senate, to compensate the Grand and Petit Jurors
of the counties of Marion, Dougherty, Paulding, Terrell,
Merri wether and Putnam, and to provide for the same.
The report was agreed to, the bill was read the third time
and passed. . .
The House took up the report of the Committee on the
bill of the Senate, to incorporate the town of Jonesboro in
the county of Clayton, and to provide for the election of
Commissioners, Marshal and Clerks, and for other purposes
herein named.
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the Committee on the
bill of the Senate, to incorporate the Hydraulic Hose Min¬
ing Company of the county of Lumpkin, the Etowah and
Battle Branch Hydraulic Company, and for other purposes.
The report was agreed to, and the bill read a thirdme ti
and passed.
Mr. Lumpkin from the committee on enrollment reports as
duty enrolled and signed'by the President of the Senate and
ready for the signature of the Speaker of the House of Rep¬
resentatives,
A resolution in relation to the pardon ofWm. A. Choice.
The following message was received from His Excellen¬
cy the Governor by Mr. Campbell his Secretary, to wit:
Mr. Speaker:—lam directed by His Excellency the Gov¬
ernor to return to this branch of the General Assembly in
which it originated:
A bill entitled an act to allow Stephen Williams of Pierce
county and John Taylor of Ware county, to peddle in the
first Congressional District without paying license for the
same, accompanied with a communication in writing.
Mr. Lumpkin from the committee on Enrolment reports,
as duly enrolled, signed by the President of the Senate and
ready for the signature of the Speaker of the House' of Rep¬
resentatives,
An act for the relief of Henry Henson andElias Killpat-
rick of the county of Towns.
Also, an act to regulate the freight on lime for Agricul¬
tural purposes when transported on the Western and Atlan¬
tic Railroad.
380
JOURNAL OF THE HOUSE.
Also, aii adt to be enti$e&.an act to incorporate thd towa
of Perry, in Houston county, and to extend the limits of the
•same, and to repeal an act to incorporate the town of Perry
in Houston county,.and to define the duties and authorities
of the same, passed December 2Sth, 1&28, and td repeal afl|
^act entitled an act to amend the charter of the city of Alba¬
ny, so as to give the election of Marshal to the qualified vo¬
ters of said city, approved December 22d, 18-57, and for oth¬
er purposes therein mentioned.
Also, an apt to regulate the school fund of Habersham
county, and for other purposes therein named.
The House took up the report of the Committee on the
Jbill of the Senate, for the pardon of John Fundy, now un¬
der sentence of death for the crime of murder in the county
of Gwinnett.
The report was agreed to, and the bill read the third
time and on the question of its passage the yeas and rrnys be¬
ing recorded.
There are yeas 4-1; there are nays 55.
Those who voted in the affirmative are Messrs:
Alexander,
Allen,
Cason,
Clark of Elbert,
Colvard,
Coleman,
CullenS,
Daniel,
Delony,
Ector,
Fortner,
Glass,
Gibson of Rich¬
mond,
Gibson of Warren,
Green of Cobb,
Grovensteine,
Harper of Sumter,
Harris,
Herriugton,
Hicks,
Hockenhull,
Hogans,
Holmes,
Horsley,
Joyner,
Keeling,
Key,
Knox,
Lester,
Lumsden,'
Mays,
J\1 cDonEild of Lump-
kin,
1V1 orris,
Nobles,
Prescott,
Price,
Settle,
Sweat,
Tapley,
Tatum,
Turner,
Underwood,
W alton,
Whaley,
Those who voted in the negative are Messrs.
Barksdale, Causey,
Baugh, Conley,
Blakey, Dixon,
Bivins, Eberhart,
Brown of Sumter, Fain of Gilmer,
Broyles, Fain of Unioh,
Bruton of Forsyth, Fannin of Morgan,
Brewton of Tatt- Fleming,
pall) Finney?
Goodman,
Harkness,
Harper of Henry,
Heath,
Henderson ofHenry,
Holland,
Hopkins,
Hurst,
Jones of Rabun,
MONDAY, DECEMBER 12th, 1889. 3S1
Kelly, Mullins,
Lewis of Greehe, Norwood,
Lumpkin, Parks,
Martin, Perry
McCrairy, Ragsdale,
McDonald of Mur-Render,
ray, Rozier,
McEver, Selman;
MeLendon, Sims,
McWliorter, Smith of Bryan,
Mitchell. Sockwell,
So the bill was lost.
Mr. Patton of Walker, stated that he had paired off with
Mr* Cook of Early.
Mr. Delony of Clarke, gave notice thai he would move
to reconsider the same to-morrow.
Leave of absence for the balance of the session was grant*
ed Messrs. Hartiqdge, Clarke of Monroe and Whaley 011 ac¬
count of sickness in their families.
Mr. Broyles of Whitfield, offered the following resolutions
which were taken up, read and agreed to, to-wit:
JVhereas, The policy of establishing an Armory in the
South, for the manufacture of arms and munitions of war is
rendered each day more apparents from the frequent and de¬
cided manifestations of disloyalty to the Constitution of our
country, threatening civil war and a dismemberment of the
Union;
And whereas such a policy upon the part of the Southern
States Qf this Confederacy, is calculated to secure all the ele¬
ments of self defence within ourselves, and give unity of
strength, as also concert of action to the South upon the vi-
tal question of her interest to-wit: The institution of slave¬
ry ; and whereas further the South posseses an inexhausta-
ble supply of the material from which such arms and muni¬
tions are manufactured, in iio wise inferior to that of any sec¬
tion of the Union, requiring only a sufficiency of skill and
-energy to develope it, and place us as a people upon that
basis of independence and security, to which we are deserv¬
edly Untitled, and which is our birthright in view of our va¬
ried Agricultural and mineral resources. Be it therefore,
Resolved, By the General Assembly of the State of Geor¬
gia, that his Excellency the Governor be and he is hereby
jequested to confer at as early a day as convenient with the
executives of the several Southern States^ upon the policy
and plan of establishing an Armory in the South, and that*
he communicate to the next session of the Generel Assembly
of the State qf the State of Georgia, all the information to¬
gether with wch suggestions as ho may he in possession of»
Thrasher,
Vanover,
Y auglm,
West,
Whittle,
Williams of Musco¬
gee,
Wofford,
Worley,
8S2 JOURNAL OF THE. HOUSE,
an J deem necessary for the accomplishment of the a foresaid
,purpose.
Resolvfid, 2dly, That in the event a co-operatioil of the
South or of any one or more of the Southern States, canno|
be had or upon further investigation is deemed iitip ractica-
ble then and in that event, His Excellency is requ _\sted ta
confine his inquiry to the policy of establishing the same in
Georgia, haviiig'reference to the place and probabl1 cost of
doing so, for as Georgians we are resolved to main ifin our
equal and undeniable right guaranteed by the Cop titution
of the United States, within the Union if we can, without it
if we mush
Resolved, 3dly. That to enable the Governor, more suc¬
cessfully to furnish the information sought in the fi regoing
resolutions, he is hereby authorized and empowered to em¬
ploy Some suitable person or persons to aid and assist him
in doing so.
The House adjourned until 3£ o'clock, P. M.
3f O'CLOCK, P. iM.
The House met pursuant to adjournment, and took up the
report of the committee on the bill of the Senate to mcorpce
rate the Vernon Shell Road Company.
The report was agreed to, the bill was read the third time
hnd passed.
The House took up the report of the committee on the
bill of the Senate to reduce the Sheriffs bond in the comity
of Irwin, and for other purposes.
The report was agreed to, the bill was read the third time
and passhd.
The House took up the report of the committee on the
bill Of the Senate to repeal an act entitled an act to author¬
ize the election of Marshal for the town of Newnan, in thfe
county of Coweta, and for other purposes,
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the committer on the
bill of the Senate to compensate the Sheriffs of Frank 1 income
ty, for summoning Grand and Petit Jurors of sai i county
and for other purposes,
The report Whs agreed to, the bill was read the third time
and passed.
The House took up the report of the committei, on the
bill Of the Senate to incorporate the town of Statesville in
JEchols county,, and for other purposes.
MONDAY, DECEMBER 12th,. 1859-. 38S
Th4 report was agreed to, the hill was reUd the third time
and passed.
The House took up the report of the committee On the
b,ill of the Senate to change the time of holding the Superir
or courts of the county of Pierce.
The report was agreed to.
The hill was read the third time and passed.
The House took up the report of the committee 011 the
hill of the Senate to legalize and enforce the operations of
a Board pf Police in Liberty county,
The report was agreed to.
The hill was- read the third time and passed*
Mr. Lumpkin, of the committee on enrollment, reported as
duly enrolled and ready for the signature of the Speaker of
idie House of Representatives,
An act to incorporate an Insurance company in the city
of Columbus. Also to incorporate the Oglethorpe Insurance
company of Savannah.
Also an act for the relief of Reuben Cloud of I^ecatur
county. Also for the relief ol Mrs. Nancy Waddell of the
bounty of Fulton.
The House took up the report of the committee on the'
bill of the Senate to regulafe the Agencies of Foreign In*
snrance companies, and to provide for the appointment of
of an Insurrnce Commissioner.
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the committee on the
bill of the Senate to change the name of the Planters and
Mechanics' Bank of Dalton.
The report was agreed to, the bill was read the third time
and passed*
The House took up the report of the committee on the
bill of the Senate to incorporate the town of Moultrie, in the
county of Colquitt, and for other purposes therein specified
The report was agreed to, the bill was read the fhird time
and passed.
The House took up the report of the committee on the
bill of the Senate to authorize the Ordinary of DeKalb coun¬
ty, to pay Arrearages due J. F„ Buchanan, a teacher of pool'
children in said county, for the year 1853.
The same was amended.
The amended report was agreed to, the bill was read
the third time and passed.
The House took* up the rbport of the committee on
bill of the Senate for the relief of Wm. D. Rigdon, of Charl¬
ton cqunty, and for other purposes.
The report was agreed to, the bill was read the third time
and passed.
3S4 JOURNAL OF THE HOUSE,
The House took up, the* report of the committee on the
"bill of the Senate for the relief of W. F. C. Faulkner of Mad¬
ison comity.
The spine was postponed indefinitely.
The House took up the report of the committee on the
bill of the Senate to authorize the consolidation of the stock
of the Milledgeville and Gordon Railroad company with the
stock of the Central Railroad and Banking company of
Georgia; and also, to authorize the consolidation of the
stock of the Eatonton Branch Railroad company with the
stock of the Central Railroad and Banking- company of
Georgia, and also to authorize an increase of the capital stock
of the said Central Railroad and Banking Company of Geor¬
gia, and for other purposes.
The report Was agreed to, the bill was read the third time
and passed.
The House.took up the report of the committee on the
. bill of the Senate to alter and change the time of holding the
Superior courts of the counties of Wilcox, Telfair, Invin,
Berrien and Glynn, and for other purposes.
The same was amended.
The report, as amended, was agreed to, the bill was read
the third lime and passed.
The bill of the Senate for the relief of John Farmer, and
William Stoll, Securities, &c., was indefinitely postponed.
Also,
A bill to authorize Wm. Ford, of Mitchell county and oth¬
ers therein mentioned, to peddle without license.
Also the bill to authorize Nicholas Grice of Merriwether
county, to peddle without paying license.
The House took up the report of the committee on the
bill of the Senate to repeal all laws under, and by authority
of which Peddlers and itinerant traders have been permitted
'to pursue their occupation in this State, except as herein
.specified, and to provide and impose penalties upon each
and every person, who inay after this act is provided to take
effect, be detected in a violation of the provisions thereof,
and for other purposes therein specified.
Mr. Williams of Muscogee, proposed the following amend¬
ment, which was received, to wit:
Provided the provisions of this bill be not extended to
market Gardens.
Mr. Fain of Union, offered the following amendment,
which with others was cut off by the previous question, to
wit:
Provided, That the provisions of this act shall not be so
construed as to apply to the county of Union, or any of the
citizens thereof.
%
flie bill was .read the third time, and on the question
MONDAY, DECEMBER 12th, 1659. 38$
of its passage the yeas and nays were required to be re¬
corded.
There are yeas 65. There are nays 45.
Those who voted in the affirmative are Messrs.
Henderson of New-McWhorter,
Alexander,
Barksdale, ton, Morris,
Blakey, Herrington, Mullens,
Bivins, Hicks, Norwood,
Brantley, Hogans, Perry,
Brown of Sumter, IIolden, Prescott,
Causey, Holmes, Rozier,
Clark of Elbert, Horsley, Selman,
Dolvard, Howell of Milton, Settle,
Cook, Joyner, Simms,
Echols. Kelly, Sweat,
Fannin of Morgan, Key, Thrasher,
Finney, Knowles, Turner,
Fortner, Knox, Underwood,
Gibson of Rich- Lewis of Greene, Vanover,
Hiond, Lewis of Hancock, Vaughn,
Gibson of Warren,Lester, Walton
Goodman, Lumpkin, Williams of Clinch,
Grovensteine, Lumsden, Williams of Musco-
Hardin, McCants, gee,
Harper of Henry, McComb, Wilson,
Harper of Sumter, McCrairy, Young,.
Heath, McGar,
Those who voted in the negative are Messrs:
Allen. Fleming,
Baugh, Glass
Broyles, Greene of Cobb,
Bruton of Forsyth, Harkness,
Brewton of Tatt- Henderson of
nail,
Cason,
Coleman,
Conley,
Cullens
Daniel,
Delony,
Dixon,
Eberhart,
Ector,
Fain of Gilmer,
Fain of Gordon,
Fain of Union,
25
Worth,
Hockenhull,
Holland,
Hurst,
Jones of Rabun,
Kelling,.
Lofton,
Martin,
Mays
McDonald of Lump-West,
kin, Whittle:
McDonald of Mur- Wofford,
ray, Worley,
McEver
McLendon,
Nobles,
Parks,
Patton,
Price,
Ragsdale,
Richards,
Smith of Bryan,
Smith of Coffee,
Smith of Hall*
Sockwell,
Sprayberry,
Tatum,
SSfi JOURNAL OF THE HOUSE,
So the bill was- passed.
Leave of absence wag granted Mr. Woffordof Cass, for the
balance of the session.
The House took up the report of the Committee on the
bill of the Senate to suspend a part of the Sth section of an
act to provide for the education of the children of this State
between certain a^es, and to provide an annual sinking fund
for the extinguishment of the public debt, for the year 1S59,
so far as relate to the counties of Greene and Baldwin and
to authorize the Ordinary of said counties to pay certain
Teachers of jpoor children of said counties out of the poor
school fund of said counties, and for other purposes therein
mentioned.
The report was agreed to, the bill was read the third time,
and passed.
The House took up the report of the committee on the
bill of the Senate to authorize Absalom E. Roberts, Admin¬
istrator to have the distributive share of the widow of Rob¬
ert J. Culbreth ascertained, and for other purposes.
The report was agreed to, the bill was read the third time
and passed.
The House adjourned until 7 o'clock, P. M.
SEVEN O'CLOCK, P. M.
The House met pursuant to adjournment, and took up
the report of the committee On the bill of the Senate to in¬
corporate The Home Guards in Madison, Morgan county
and to grant certain privileges herein specified.
The same was amended.
The amended report was agreed to, The bill was read the
third time and passed.
The House took up the report of the committee on fhe
bill of the Senate to incorporate the Southern Rights Guards
in the county of Houston; the Scott Rifles in the county of
Talbot, and the Macon county Volunteers in the county of
Macon, and for other purposes.
The same was amended.
The amended report was agreed to, the bill was read tke
third time and passed.
The following message was received from the Senate by
Mr. West their Secretary.
Mr Speaker:—The Senate have passed the following bil^i
to-wit:
MONDAY} DECEMBER 12th, 1859, 387
A Dill to be entitled an to repeal the 5th section of an act
to change and fix the times of holding the Superior Courts
of the county of Lumpkin, and to authorize the drawing and
sumu>oning of grand and petit jurors for said courts, approved
11th December, 1858, and to add the county of Lumpkin to
the W estem circuit, and to authorize the holding of said
Courts on the 4th Monday in March and September. Also,
A bill to be entitled an act to change the line between the
counties of Madison and Jackson, between Floyd and Polk,
between Macon and Taylor, between Wilcox and Pulaski,
between Sumter and Macon, between Merriwether and
Coweta, and to amend the caption of an act, assented to
Dec. 11th, 1S58, entitled an act to change the line between
the counties of Ware and Pierce, and also to change the line
between other counties herein mentioned, and for other pur¬
poses. Also,
A I >; 11 to be entitled an act to allow Mathew Cook of the
county of Walton to peddle without paying Tax for the
same. Also,
A bill to < be entitled an act to incorporate the Georgia
Internal Improvement association. Also,
A bill to be entitled an act to. authorize the Ordinary of
DeK. lb county, to pay G. W. Lathram for teaching poor
children in said county of DeKalb. Also,
A bill to be entitled an act to incorporate the town of
Homer in the county of Banks, and to appoint commission
ers fc< i the same, and for other purposes therein specified.—
Also,
A bill to be entitled an act to incorporate the Ben Hill
Academy, in the county of Emanuel, and to appoint Trus¬
tees for the same. Also,
A bill to be entitled an act to incorporate the Columbus
and Whiteville Railroad company. Also,
A bill to be entitled an act to autorize Alexander K Leo¬
nard, Guardian of Michael W. Harvey, to pay over to the
said Ward, the whole, or any part of the estate of said Mi-
chaiel W. Harvey, in the hands of said Alexander K, Leo¬
nard. Also,
*A bill to be entitled an act to amend the 33d section of
the Judiciary act of 1799, in relation to the advertisement
of Sheriffs sales. Also,
A bill to be entitled an act to repeal an act of 1853-4, so
far as; I he county of Decatur is concerned. Also,
A bill to be entitled an act to prescribe the mode of lay¬
ing out private ways, and for other purposes so far as relates
to the county of iTenry. Also,
A bill to be entitled an to authorize George Under¬
wood, of the county of Glasscock to pay over and settle
with William W. Thompson, a minor, his Ward, and other
purposes. Also,
388
JOURNAL OF THE HOUSE,
A bill to be entitled an act to compensate the Tax Re¬
ceiver of Marion county for services rendered. Also,
A bill to be entitled an act to further amend an act, en,
titled an act to incorporate the Trustees of the Southern
Botanic Medical College, assented to the 11th day of De¬
cember, 1839. Also,
A bill to be entitled an act to make valid certain sales of
real estate heretofore made by Executors, Administrators
and Guardians of this State. Also,
A bill to be' entitled an act to provide for the pay¬
ment of the persons appointed by the Judge of the Su¬
perior courts of the counties of Burke, Banks, Chatham,
Columbia and Floyd, to take' down testimony on the trial of
crimihal cases in said counties. Also,
A bill to be entitled an act for the relief of Lemuel Wehb,
of the county of Early. Also,
A bill to be entitled an act to authorize the Inferior court
of the county of Lumpkin, to levy a Tax for certain purpos¬
es therein mentioned. Also,
A bill to be entitled an act, to amend an act of 1S3-5, in¬
corporating the town of LaFayette.in Walker county, and
for other purposes. Also,
A bill to be entitled an act to prevent free persons of col¬
or, commonly known as free negroes, from being brought or
coming into the State of Georgia. Also,
A bill to be entitled an act to exempt practicing Physicians
in the county of Jefferson from Jury duty. Also,
A bill to be entitled an act to authorize the Governor of
this State to cause to be established at some accessable and
convenient place in this State, a State Foundry, and for other
purposes therein mentioned. Also,
A bill to be entitled an act, to amend an act limiting the
time in which suits in the courts of Law in this State, must
be brought, and also limiting the time in which indictments
are to be found and prosecuted in certain cases, and for
other purposes therein mentioned, approved March 6th,
18-56.
The House took up the report of the Committee on the
bill of the Senate to incorporate the Stewart Volunteers,
and other Volunteer companies herein mentioned, and for
other purposes.
The report was agreed to, the bill whs read the third time
and passed.
The House took up the report of the committee on the
bill of the Senate to ilicorporate the town of Carnesville in
the county of Franklin, and for other purposes.
The report was agreed to, the Bill was read the third
time and passed.
The House took up the report of the committee on
the bill of the Senate to provide for the distribution and dis-
MONDAY, DECEMBER 12th, 1859. 389
bursement of the common school fund, to which,the coun¬
ties of Gilmer and Lumpkin, are or may be entitled under
and by virture of an act, passed on the 11th'day of Decem¬
ber, 1858, and for pther purposes therein mentioned.
The same was amended.
The report as amended was agreed to, the bill was read
the third time and passed,
The House took up the report of the Committee on the
bill of the Senate to incorporate the Enterprize Railroad
company, and for other purposes.
The same was amended.
The amended report was agreed to. The bill was read
' the third time and passed. *
The House took up the report of the committee on the
bill of the Senate to provide, and give liens to. Stone Cutters
and Marble companies of this State to secure payment for
their labor.
The report was agreed to, the Bill was read -the third
time and passed.
The House took up the report of the Committee on the
) bill of the Senate to compel all persons non-residents of the
county of Wayne, owning, penning, and grazing cattle in
said county to return and pay tax on the same in said coun¬
ty' '
The same was so amended as to extend its provisions to
other counties.
The amended report was agreed to, the Bill was read the
third time and passed.
The House took up the report of the committee on the
bill of the Senate to allow the Attorney General and Solic¬
itors General a fee in cases of Peace Warrants.
' The report was agreed to, the Bill was rdad the third
time and passed.
1 The House took up the report of the committee on the
bill of the Senate to authorize the Inferior court of Early
"county to levy a road tax, and for other purposes.
The report was agreed to, tbe Bill was read the third
'time and passed.
1 The House took up the report of the committee on the
' bill of the Senate to authorize the Administrators of the es¬
tate of the late Toliver Jones of the county of Harris to sell
"all the lands belonging to the said estate, lying in the coun¬
ties of Harris, Muscogee and Talbot, at the Court House in
1 the county of Harris,
f; The report was agreed to, the Bill was read the third
time and passed.
The House took up the report of the Committee on the
bill of the Senate to define and punish vagrancy in free,per¬
sons of color.
390
JOURNAL OF THE HOUSE
The same was amended, the report as amended was agreed
to, the bill was read the third time and passed.
Mr. Lumpkin from the Committee on Enrollment reported
a»s duly enrolled, signed by the President of the Senate, and
ready for the signature of the Speaker of the House ol Rep¬
resentatives,
An act to define and declare the jurisdiction of this State
in suits against Railroad companies. Also,
An act to amend the 13th section of the 13th division of
the Penal Code of the State #f G-eorgia, so as to increase the
penalty for selling and furnishing intoxicating lip nor to
slaves and free persons of color.
Also, an act to add an additional section to the 11th divi¬
sion of the Penal Code.
Also, an act to change the line between the counties of
Floyd and'Polk.
Also, an act to confer certain privileges upon Julius A.
Cade, of Chattahochee county, to make lawful his acts, and
give him authority to transact business as though lie was
twenty one years of age, and for other purposes.
Also, an act to incorporate the Platus Railroad company
and to incorporate the Bainbridge and Florida Railroad com¬
pany, and for other purposes therein named.
Also, an act to authorize Jurors to assess damages in mat¬
ters of illegalities upon certain conditions.
Also an act to confer additional powers upon the Mayor
and Council of the city of LaGrange to regulate the rate of
Taxation in said city, and to grant certain exemptions to
the Diligent Firemen of LaGrange.
Also an act to change the line between the counties of El¬
bert and Hart.
The House took up the report of the committee on the
bill of the Senate to provide for the voluntary enslavement
of free persons of color, within this State.
Mr. Lester of Cobb, offered as a substitute for the same,
A bill to rid the State of Georgia of free person of color,
and for other purposes therein mentioned.
The substitute was adopted and amended.
Mr. Lewis of Q-reene, then offered the original bill as a
Substitute for the adopted substitute and amendments.
Upon the question of its adoption, the yeas'and nays were
required to be recorded.
There are yeas 50* There are nays 46.
MONDAY, DECEMBER. 12th, 1859.
Those who .voted in the affirmative are Messrs.
Anderson,
Barksdale,
Bivins,
Brantley,
Brown of Sumter,
Bruton of Forsyth,
Brewton of Tatnall,
Clark of Elbert,
Colvard,
Coleman,
Cullens,
Daniel,
Dixon,
Fain of Union,
Fannin of Morgan,
Goodman,
Green of Cobb,
Harper of Sumter,
Herrington,
Hicks.
Hopkins,
Horsley,
Hurst,
Joyner,
Key,
Knowles
Knox,
Lewis of Greene
Lumpkin,
McCrairy,
McDonald of Lum
kin,
McEver
McLendon,
Mullins,
Norwood,
Parks,
Patton,
Perry,
Prescott,
Eozier,
Selman,
Settle,
Sims,
Sockwell,
Sweat,
Tapley,
-Tatum,
Turner,
W alton,
Williams of Musco¬
gee.
Those who voted in the negative, are Messrs :
Allan, Heath, Mays, ;
Baugh, Henderson of Hen- McDonald of Mur-
Blakey, ry, ray,
Broyles Henderson of New-McCants,
Causey, ton, M cWhorter,
Conley, Henderson of Mitchell,
Eberhart, Worth, Morris,
Ector, Hockenhull, Price,
Fain of Gilmer, Holland Ragsdale,
Fain of Gordon, Howell of Milton, Smith of Bryan,
Fleming, Jones of Rabun Thrasher,
Fortner, Keeling, Underwood,
Gibson of Rich- Kelly, Vanover,
mond, Lester, West
Hardin, Lofton, . Whittle,
Darkness, Lumsden, Wilson,
Harper of Henry, Martin, Worley,
So the same was adopted, and laid 011 the table until to¬
morrow.
Leave of absence was granted to Mr. Morris of Glynn, on
account of sickness.
The following bills of the Senate were read the second
time and committed for the third reading, to-wit:
JOURNAL OF THE HOUSE,
A bill for the distribution of the estate of Coleman $,
Pringle, late of the county of Pike, and for the relief pf the
Executors of,the last will of said testator.
A bill to authorize the Governor of this State, to grant
pertain privileges to the Dalton and Gadsden Railroad com¬
pany.
A bill to be entitled an act to amend an act in reference
to granting divorces, approved December 5th, 180Q.
A bill to amend an act to prescribe the* manner in which
the names of persons may be changed, and persons born ille¬
gitimate may be,mnde legitimate, and to carry into effect the
provisions of the Constitution upon that subject, and for
other purposes therein mentioned.
A bill to amend an act entitled an act to amend an act to
carry into effect th,e sixth Article of the Constitution pro¬
viding for the distribution of intestates estates, and for oth¬
er purposes.
A bill to abolish the Senatus Academicus, to give-ata pow¬
ers to the Board of Trustees of the University bf Georgia
and to vest the government of said University in said Board
of Trustees.
A bill to incorporate the Chestatee River, and Town
Creek Hydraulic Hose Mining Co., and to incorporate the
Cavenders Creek and Ward's Creek Hydraulic Hose Mining
cojnpany.
A bill to authorize the county of Thomas to aid in the
construction of the South Georgia and Florida Railroad, and
for other purposes.
A bill to repeal the secpnd section of an act, tp provide
for the education of the children of this. State bettveeii cer¬
tain ages, land to provide an annual sinking fund for the ex¬
tinguishment of the public debt, so far as the county of
Echols is cohcerned.
A hill tP legalize the- purchase pf a lot of land made t)y
Mrs. Billingslea, Administratrix of James F. Billingslea, de¬
ceased, of the county of Greene.
A bill to incorporate the Augusta Presbytery, aud Savan¬
nah River Steam and Pole Boat Navigation company, of
North Eastern Georgia.
A bill to provide for the election of county Treasurer in
the cpimtien of Berrien, Newton, Forsyth, Baker Hall, Lump¬
kin, Ware, Mitchell, Fannin, Raulding, Johhson and Mari¬
on.
A bill to incorporate the First Presbyterian Church of the
city of Columbus, and the St. Luke Meth-odist Episcopal
Church South? bf the city of Columbus, and the St. Paul
Methodist Episcopal Church South, of the city of Colum¬
bus.
Also, to afnend an act to incorporate the Trusteed for
Wesley Chixpeh Andrew Chapel, and Trinity Church qf the
Monday, December 12th, 1859.
393
Methodist Episcopal Church South, ih the city of Savan¬
nah. Approved 2d. March, 1849, and to appoint sepe-
rate Trustees for Wesley Chapel, in feaid city.
A bill to authorize the Justices of the Inferior Courts of
Lumpkin county, or a majority of them to levy an -extra tax
for the purpose of repairing the Court House, and for other
purposes.
A bill to incorporate Furlow Female College, in the
city of Americus, and to incorporate the Trustees for the
same.
A bill to regulate the use and sale of spirituous liquor^
and intoxicating drinks within the corporate limits of the
town of Elberton.
A bill for the purpose of attaching a strip of unsurveyed
land, lying between the fourth and sixth districts of origi¬
nally Early, to the county of E.arly, and for other purposes.
A bill to authorize the Ordinary of Butts county to pay
Mathew J. Gibson for teaching poor children in said coun¬
ty, and for other purposes.
A bill to change the lines between the counties of Wayne
and Charlton, the counties of Colquitt and Thomas, the
counties of Sumter and Schley, the comities of Lee pnd
Sumter, the counties of Ware j and Pierce, the coupties of
Pulaski and Houston, tha counties of Banks and Jackson,
pmd to add certain lots of land now in Irwin county, to Cof¬
fee county, and other purposes.
« A bill to authorize the Ordinary of Whitfield county to
pay teachers of poor children, and other purposes, for the
year 1859.
A bill to extend the corporate limits of the town of Ham¬
ilton, Harris county, and other purposes.
A bill to change and alter the line between the counties
of Worth and Colquitt.
A bill to add an additional section to an act to appoint
the persons therein named, Commissioners of the town of
Preston, &c.
A bill do incorporate the Hebrew Congregation in the
city of Macon.
A bill to repeal all laws relating to head rights, so far as
they apply to Franklin county.
A bill to authorize the Ordinary of Pike county to pay
teachers of poor children, for the year 1858, and for other
purposes.
A bill to authorize the arrest and rendition of persons
committing any offences against the criminal laws in any of
the States adjoining to the State of Georgia, and who may
take refuge within the limits of ihe State of Georgia on cer¬
tain conditions herein named.
A bill for the relief of John A. Jones and Jackson Vaughn
of the county of Milton.
JOURNAL OF THE HOUSE,
A bill to change the time of holding the Inferior Court
in the .county of Oordon.
A bill for the relief of Susan L. B. Oodwine of the county
of Bibb, and Wnl. P. Frost of the county of Troup.
A bill to change the common school law?, so far as rej
lates to Walker county.
A bill to prescribe and define the qualifications of persons
in Early county, for the Office of Ordinary, and to remove
certain disabilities under existing laws, and for othet ppr-
A bill to authorize Soloman A. Howell an infirm man of
the county of Calhoun, to peddle without paying license^
and for other purposes.
A bill to alter, amend and construe an act to provide for
education of the children of this State, and for other purpos?
es, so far as relates to the counties of Milton and Pauld-
ihg.
A bill to amend an act entitled an act to amend an act td
carry into effect the 6th section of the <fth article of the-
Constitution, &c.
A bill to authorize James E. Lynn, of the county of Pu-»
laski, to peddle in said comity, &a
A biJLl to incorporate Chicaro Baptist Church in the coun¬
ty of Raban.
A bill for the relief of Moses Gr. Sutton of Berrien coun¬
ty- ,
A bill to incorporate " The Savannah Mutural Loan As¬
sociation.
A bill for the relief of William S. Rackly and. Eliza A.
Rackly formerly Eliza A. Brazwell, of the county of De¬
catur, and for other purposes .
■4 bill to prevent delay in the trial of causes in the Courts
of this State, in consequence of the death of parties in ceis
tain circumstances to be made on motion, and for other pur¬
poses.
A bill to alter and define an act to provide for the educar
tion of the children of this State, &c., so far as relates to the
county of Murray.
A bill to change the line between the counties of Baker
and Early.
A bill to amend the laws now existing in reference to the!
Supreme -Court.
A bill to change the line between the counties of Whitfield
and Catoosa, and for other purposes.
A bill to amend an act entitled an acf to lay out and form
& new county out, of the counties of Marion and Sumter, &&
A bill to require the Ordinary of the county of Worth
to pay John Everett's account for teaching poor children
and to Authorize the several Ordinaries of this State to pay the
Teachers of poor children as herein specified.
MONDAY, DECEMBER A&m, 1859. 395
A trill to allow tbe Ordinaries of the counties of Talbot,
Newton, Cobb, Columbia and Hart, to pay certain teachers
of poor children in said counties, and for other purposes^
A bill fox the reliefof Davis Gammage, Shadrick * Ware,
Wm. Winter and Henry M. Johnson from their liability upon
a certain Penal Bond, ,
,A bill to declare the meaning and intention of an act,
amendatory of an act, to exempt from levy and sale, under
execution, certain property therein mentioned. Assented
to 22d Dec., 1857.
A bill to amend an act entitled an act to incorporate the
tOWn of Dalten under the name and style of the city of
Dalton, and for other purposes, approved December 28th,
1853. ,
A bill to amend an act entitled an act to incorporate the
Georgia Whitepath Gold and Copper Company, approved
February 18th, 1856-. *
A ^>ill to authorize the Inferior Court of the county of
Hancock, t® compel the hands subject to road duty in any
one district in said countynto perform road duty in any ad¬
joining districts.
A bill to authorize the ThomaSton and Barnesville Rail¬
road Company, to construct and extend, their Railrpad to
some point on the Railroad of tlm Muscogee .Railroad Com¬
pany, and fop other-purposes,
A bill to compensate the Sheriffs of Jefferson county, for
services of Subpoenas On Grand arid Petit Jurors in s^id
county.
A bill to alter t*he tax laws of this State,
A bill to declare the" true intentioh and meaning of the
20th section of an act entitled an act, to early into effect
the amended Constitution in reference to Ordinaries of said
State, and for other purposes.
A bill to provide and put in force th'e '3d and 4th sections
of an act amending an act to incorporate the town of Lump¬
kin in Stewart county, and for other purposes.
A bill t® require the Ordinary of Worth county to pay
Isaac R. Porter for teaching poor children in said county.
A bill to amend an act incorporating the Georgia and
Alabama Rail Road Company, and for other purposes.
A bill to repeal an act to Consolidate the Offices of Tax
Collector and Receiver, of Tax Returns for the county of
Harralsori.
A bill to confer certain privileges on Charles Greene. ^
A bill to consplidate the offices of Clerk of the SuPerior
and .Inferior Courts of the county of Chattooga.
A bill to amend and interpret an act, approved March 5fh
1856, relative'to the payment of the accounts of teachers of
poor childreh.
A bill to alter and amend an acf to regulate the granting
396 JOURNAL OF THE HOUSE,
of retail license and sale of spirituous liquors, assented to,
29th Dec., 183S, so far as relates to the city of Ameiicus.
A bill to give to the Commissioners appointed by the In¬
terim- Court of Calhoun, to examine teachers the- power to
decide upon their qualifications.
A bill to amend an act entitled an act to incorporate the
Indian Spring Rail Road Company.
A bill for the relief of James Karr, Robert Orrand Eli-
as Payne, of the county of Forsyth.
A bill to legalize the adjournment of Quitman Superior
Court.
A bill to provide for the citizens of Decatur county cross¬
ing Flint River at or near Bainbridge free of ferriage.
A bill to compel Justice^ ot the Peace of the county of
Rabun to give bond and security, and for other purposes.
A bill to incorporate the first Presbyterian Church of the
city of Columbus, and for other purposes therein specified.
A bfil to incorporate the Atlanta Mutual Insurance and
stock company.
The following bills of the Senate were read the first time
to-wit:
A bill to be entitled an act to change the line between the
counties of Laurens and Johnson.
A bill to provide compensation for the Petit Jurors of
Mitchell county.
A bill to require the Treasurer of the several school dis¬
tricts in the county of Lumpkin, to return the unexpended
balance in their hands, and for other purposes.
A bill to incorporate a corp of Infantry in the town of
Jonesboro, to be known as the Clayton Volunteers, and to
confer certain privileges upon the same.
A bill to be entitled' an act to change and alter the line
between the counties of Dougherty and Worth.
A bill to be entitled an act to repeal a portion of
the 8th section of an act, approved Dee. 11th, 1S58, enti¬
tled an act to provide for the Education of the children of
this State between certain ages, and for other purposes, so
far as the same applies to Emanuel county.
A bill to be entitled an act to change the time of holding
the Inferior Courts of the county of Emanuel.
A bill for the relief of James Brooks and John H. Jones
of Randolph county, of Jordan Handers of the county of
Emapuel, of John M. Brack of the county of Dougherty,
of Benjamin Chapman, of the county of Clayton, and of Noali
Godfrey of the county of Muscogee, and for other purpos¬
es.
Also, a bill to be entitled an act to extend the civil juris¬
diction of the Justices of the Peace, in that part of the coun¬
ty of Chatham within the city of Savannah.
MONDAY, DECEMBER 12th, 1859.
397
A bill to authorize the Inferior Court of the county of
Coffee, to levy an extra tax to pay for their Jail, and for
other purposes.
A bill to regulate the retail of spiritous liquors.
A bill to be entitled an act to amend an act to provide for
the Education of the children of this State between certain
ages.
A bill to incorporate the Alabama Planters Steam boat
Company, and for other purposes.
A bill to explain the 10th section of the 10th division of
the Pjehal Code of this State.
A bill to amend the several acts incorporating the town
of Cartersville in Cass county, so as to exclude the residence
of James Milner. * '
A bill to authorize Stephen Ellis to peddle in the con nty
of Gwinnett, without the payment of license for the same.
A bill to change the county lines between the counties df
DeKalb and Henry.
A bill to define and enlarge the duties of the Treasurers
of the several counties of this State.
A bill to repeal the 2d section of an act to repeal the 19th
section of an act entitled an act to incorporate a Bank iri the
city of Atlanta to be called the Bank of Fulton, ^nd for oth¬
er purposes
A bill to extend the civil jurisdiction of the Justices of the
Peace, in that part of the county of Chatham, embraced
within the city of Savannah.
. A bill to incorporate the Pulaski Insurance Company of
Hawkinsville, Ga.
A bill to authorize the Justices of the Inferior Court of
Coffee county, to levy an extra tax of fifty per cent, for the
purpose of paying for their jail, and for other purposes.
*A bill to correct and perfect the plat and grant to lot of
land No. 142, of originally Appling now Pierce county, so
as to change the title to William instead Abraham Osteem.
A bill to change the lines of Henry and Clayton coun¬
ties.
A bill to. provide compensation to Coroners for burying
insolvent persons.
A bill to authorize the Inferior Court of Harralson county
to levy an extra tax.
A bill to amend the act entitled an act to organize a
Volunteer Battalion in the city of Savannah, to be calleu the
Independent Volunteer Battalion of Savannah, approved
20th Jan., 1852.
A bill to be entitled an act amendatory of the act 1357,
entitled an act to provide against the forfeiture of the se ,Ter-
al Bank charters in this State, on account of non-specie pay¬
ment for a given time, and for other purposes therein named,
398
JOURNAL OF THE HOUSE.
and declaratory of the true meaning t)f certain sections of
the same,
A bill to repeal a part of the 1st section of the 3d article
of the Constitution of this State, and to insert a provision in
lieu thereof.
A bill to amend the 1st section of the 3d article of the
Constitution.
A bill to repeal an act entitled an act to consolidate the
office of Clerk of the Superior and Inferior Courts of the
cohnty of Harfal&on.
A bill to pay the Sheriffs of the several counties of this
State for .certain services, and for other purposes.
A bill to amend an act facilitating mining operations for
gold, and for other purposes, in the county of White.
A bill to change the line between the counties of Elbert
and Madison, and for other purposes.
A bill to require certain officers in Emanuel county to be
kept at the county site, and for other purposes, »
A bill to alter and amend the law of descent in cases of
illegitimates, or persons born out of wedlock dying intes¬
tate, and
A bill to amend an act entitled an act for the better pro¬
tection and security of Orphans and their .estates, approved
Feb. iSth, 1799. .
The House adjourned until 9 o'clock, A.M. to-morrow.
TUESDAY, DECEMBER, 13th, 1S59.
The House met pursuant to adjournment.
Mr. Price of Pickens, moved to reconsider so much of the
Journal of yesterday as relates to the rejection of the bill
to authorize the Inferior court of Pickens county to retain
one half of the State tax of said county for academic purpos¬
es, and for a certain period.
The motion was lost.
My. Keeling moved to reconsider so much of the Journal
of yesterday as relates to the passage of the bill to change
the line between the counties of Habersham and White.
The same was lost.
Mr. hagsdale moved to reconsider so much of the Journal
■of yesterday as relates to the passage of the bill-to author¬
ize the Ordinary of the county of DeKalb to pay arrearages
due J. F. Buchanan, for teaching poor children in said coun¬
ty, in the year 1853,
TUESDAY, DECEMBER 13TH, 1859. 399
The motion prevailed.
Mr. Ector moved to reconsider so much qf the Journal of
yesterday as relates to the rejection of the bill to authorize
Nicholas Grice of Merriwether county to peddle without li¬
cense,
This motion was lost.
On motion of Mr. Rrice of Pickens, so much of the Jour¬
nal of yesterday was reconsidered as relates to the bill for
the relief of John Farmer and William Stott, securities on
the appearance bond of Newton Freeman of the county of
Grilmer.
Olr motion of Mr. Delony, so much of the Journal of yes¬
terday was reconsidered as relates to the rejection of the
bill of the Senate for the pardon of John Funday, of the
county of Gwinnett, now under sentence of death for the
crime of murder.
On motion of Mr. McDonald, of Lumpkin, so much of the
Journal of yesterday was reconsidered as relates to the pas-
Sage of the bill of the Senate, relative to business of peddling
and itinerant trading.
Mr. Lewis of Greene, presented a resolution, which was
agreed to, authorizing the Clerk to employ an additional as¬
sistant at the desk for the balance of the session.
The following Message was received from the Senate by
Mr. West, their Secretary:
Mr. Speaker: The Senate have passed the following bills,
to wit:
A bill to be entitled an act to consolidate and amend the
several acts incorporating the town of Cartersville, in the
county of Cass. Also,
A bill to be entitled an act to compel persons owning one
thousand or more acres of land in certain portions of Mont¬
gomery and Telfair counties.
Also in the counties of Wayne, Camden, WilcoX and Doo¬
ly, to give in and pay taxes on the same in said counties.—
Also,
A bill to be entitled an act, to amend the charter of the
Ellijah Railroad company, and for other purposes. Also,
A bill to be entitled an act to incorporate the town of
Summerville in the county of Emanuel, and appoint com¬
missioners for the same„ with powers to regulate the benefit
Of the school within said corporate limits. Also,
A bill to be entitled an act to incorporate the .town of
Bainbridge, and to grant certain privileges to the same.
Also,-
A bill to bq entitled an act change the line between the
counties of Campbell and Coweta, and between the coun¬
ties of Taylor and Schley, and for other purposes. Also,
400 ■ JOURNAL OF THE HOUSE.
A bill to be entitled an act to repeal go much of tiie first
section of an act entitled an act to appoint county Treasu¬
rers and define their duties, approved Dec. 24, 1825, as re¬
lates to the appointment of said officers by the Justices of
the Inferior court of the State, and to authorize their elec¬
tion by the people so far as relates to the counties of For¬
syth, Newton, Hall and Baker. Also,
A bill to be entitled an act to alter and amend an act en¬
titled an act to submit the question of the removal of the
county site of Montgomery county, to the voters of said
county, and for carrying out the will of the majority, assent¬
ed to, Dec. 21st, 1857. Also,
' A bill to be entitled an act to incorporate the Calhoun and
Rbme Railroad company, and to grant certain powers and
privileges to said company. Also.
A bill to be entitled an act to incorporate the Jenner
Medical Society of Oglethorpe Medical College at Savan¬
nah.
The Senate have also passed the following bills of the
House of Representatives, to wit:
A bill to be entitled an get for the relief of Cornelius Hil-
berts of the county of Fulton.
Mr. Lumpkin from the committee on enrollment reports as
duly enrolled, signed by the President of the Senate and
ready for the signature of the Speaker of the House of Rep¬
resentatives :
An act to alter and amend the several acts relative to the
probate of wills, granting letters testamentary and Admin¬
istrations, and for other puqjoses therein specified.
Also, an act to incorporate the Hydraulic Hose Mining
company of the county of Lumpkin, to incorporate the Et¬
owah and Battle Branch Hydraulic company, and for other
purposes therein specified.
Also, an act to suspend a part of the eighth section of an
act to provide for the education of the children of this State
between certain ages, and to provide an annual sinking fund
for the extinguishment of the public debt for the year eigh¬
teen hundred and jfifty nine, so far as relates to the counties of
Greene and Baldwin, and to authorize the Ordinaries of said
counties to pay over to certain Teachers of said counties the
school funds belonging to said counties, and for other pur¬
poses herein mentioned.
Also an act to incorporate the town of Jonesboro, in the
county ©f Clayton, aud to provide for the election of com¬
missioners, Marshal and Clerk, and for other purposes.
Also an act to compensate the Grand and Petit Jurors of
the counties pf Dougherty, Paulding, Terrell, Merriwether;
TUESDAY, DECEMBER 13th, 1859. 401
and Petit Jurors of the counties of Marion and Putnam, and
to provide for the same. ■
Also an act to change the name of the Planters and Me¬
chanics' Bank of Dalton. Also, ,
An Act to reduce the Sheriffs .bond in the county of Ir-"
win, and for other purposos. Also,
An act to repeal an act to authorize the election of Mar-*
shall for the town of Npwnar, in the county of Coweta, in
the same way and manner as Commissioners for said town
are now elected by law, approved February 17th 1854.—
Also,
An act to legalize and enforce the operation of the Board
of Police for the 15th District G. M.' of the county -of Lib¬
erty to confer upon the same certain rights, powers and
privileges therein mentioned, and to establish by law the
system of mounted Police now maintained in said District.
Also,
An act to compensate the Sheriff of. Franklin county, for.
summoning Grand and Petit Jurors of said county, §nd for
othe purposes. Also,
An act for the relief William D. Rigdon of Charlton
county, and for other purposes: Also,
An act to change the time of holding the Superior Courts
of the county of Pearce.
Mr. Lumpkin, from the Committee on Enrollment, reported
as duly enrolled, andreadyfor the signature of the Speaker
of the House of Representatives :
An Act for the relief of Cornelius Hibberts.
The following Message of'his Excellency the Governor
was taken up and read.
EXECUTIVE DEPARTMENT, >
Milledgville, December, 12th, 1859. )
To the House of Representatives :
I herewith return the Bill entitled "an Act for the relief
of Mary Frances Newnar, of the county of Bibb, and for
other purposes," without my approval, for the general rea¬
sons given in my message te the Senate during the present
Session, when I returned the Bill for the relief of Amy
Clark.
In 1857 I signed several Bills of this character, in each
of| which it was said that there existed special reasons for
making it an exception t© the general rul.e. I then doubted
the policy of such laws, but gave my assent to them out of
respect to the action of the General Assembly. In 1858 I
found an increased number of Bills of a like character, pass¬
ing both Houses. Indeed, these applications to the Legis-.
lature are becoming so numerous as no longer to forpa ex¬
ceptions to a general rule, but the general rule is being re-
26
m journal of the house*
pealed in almost every individual ease, by a special act, ap¬
plicable to a single individual. The result is, that parties
defendants in courts frequently piake no defence, and per¬
mit plaintiffs to obtain verdicts for divorce, with the under¬
standing that the friends of plaintiffs will encourage relief to
defendants by the Legislature ; and in this way divorces
are frequently obtained by collusion betweeil the parties.—
The consequence is, that the sancity once attached to the
marriage relation, no longer exists ; and a practice is fast
obtaining, which is most demoralising in its effects. I can¬
not consent to the further encouragement of such a pracJ-
tice, If we will enforce the wholesome rule of law, which
now <exists upon this subject, divorces will be much 'less
frequent, and thq marriage relation will be regarded with
much more sanctity.
JOSEPH E. BROWN.
The Bill mentioned in the foregoing Message was put
uppn its passage, and it requiring a vote of two thirds for
this purpose, the yeas and nays were recorded.
There are yeas 102, there are nays 5,
Those who voted in the. affirmative are Messrs.
Alexander, Goodman, Lumpkin,
Allan, Green of Cobb, Lumsden,
Anderson, Grovensteipe, Mays,
Barksdale, Harkness, McCants,
Baugh, Harper of Henry, McComb,
Blakey, Harper of Sumter, McCrairy,
Bivins, Hartridge, McDonald of Lump-
Brantley, Henderson of Henry, kin,
Brown of Houston,Henderson ofNeyrffi McDonald of Mai
Brown of Sumter, Henderson of Worth ray,
Broyles, Hockenhull,
Bruton of Forsyth, JJolden,
Brest-ton ofTattnallHolmes,
Hopkins,
Horsley
HoWell of Milton,
Hurst,
Joyner,
Keeling,
Kelly,
Key,
Knowles,
Knox*
fannin 6f Morgan, Le\vis 6f Green, 0
forfner, Lewis of Hancock, Render,
J-ibson Of RiehmohdLester, Riohardg>
libson of Warren, Lofton^ Rozier,
Opusejr,
Clark of' Elbert,
Golvard,
Coleman,
Cpnley,
Cull 6 ns
Daniel,
Dixoti,
Ector,
Fain of Gordon,
McEver,
McGar,
MeLendon,
McWhorter,
Mitchell,
Morris,
Mullins,
Nobles/
Norwood,
Parks,
Patton,
Perry,
Price
Ragsdale,
TUESDAY, DECEMBER 13TH, 1859. 403
Scott, Sweat, Walton,
Settle, Tapley, West,
Siins, Tatum, Whittle,
Smith of Bryan, Thrasher, Williams of Musco*
Smith of Coffee Turner, gee,
Sockwell, Underwood, Wilson,
Solomons, Vanover, Young.
Spray berry, Vaughn,
Those who voted in the negative are Messrs.
Eberhart, Hicks, Martih?
Fleming, Jones of Rabuil,
So the Bill was passed over the executive Veto, and on
motion of Mr. Anderson of Bibb ordered to be transmitted <
to the Senate without delay. '
The following Message was received from his Excellency1
the Governor, by Mr. Campbell, his Secretary, to wit :
Mr. Speaker: I am directed by the Governor to return to
this branch of tne General Assembly, ill .Which it originated*
a bill to be entitled an "act to pardon'Thomas C. Whit-
worth, of the county of Chattooga, now under sentence
of death for the crime of Murder, accompanied'with-a
communication in writing.
On motion of Mr. Alexander of Floyd, the saihe wa>s taken
up and read: '
EXECUTIVE DEPARTMENT, >
Milledgeville, December 13th, 1859. ) -
To the House of Representatives:
I return without approval, the Bill entitled "an .act to
pardon Thomas C. Whitworth, of the county of Chattooga,
now under the sentence of death for the crime of murder.
I have carefully enquired into the facts of this case, and
am satisfied that the fact recited in this Bill, that Thomas
C„ Whitworth is "now under sentence of death for the
crime of murder," does not exist; and that the Legislative
department of the Government has no jurisdiction whatever
overthis case in its present condition.
In the government from which we principally derived
Our laws,, no part of the pardoning power was vested in the
legislative department, but the executive department alone
possessed this power.
The framers of our Constitution continued this power
with the executive, in this State, except in cases, of murder
or treason. ,In these cases, after final conviction, and a sen¬
tence of the court under which the defendant may be execu¬
ted or calised to suffer the penalty of the law, and after res¬
pite by the Governor, the pardoning power is vested in, the
4b4
JOUHNAL'OF THE HOUSE,'
General Assembly, and may be exercised by them, by &
vote of a bare mojority of each House, if the bill meets
the approval efthe Governor, and by a vote of two-thirds of
each House notwithstanding his disapproval. The exercise
of the veto powef does not, therefore, interfere with the
rights of the General Assembly'to pardon, but only requires
that it be .exercised in more solemn form and with
more mature deliberation, after having heard_ and weighed
the reasons given by the Executive for declining to approve
the Act.
The seventh section of the second Article of the constitu¬
tion of this State, is in these words : "He, (the Governor,)
shall have power tp grant reprieves for offences against the
State, except in cases of impeachment, and to grant pardons
or to remit any part of a sentence, in all cases after convic¬
tion, except for treason or murder, in which cases he nrr.y re¬
spite, the execution, and make report thereof to the next General
by whom a pardon may be granted-" ,
The tenth and eleventh sections oftnesame article of the
constitution define the veto power, and provide for the
further action of the General Assembly, in case of its exer¬
cise.
A p^reful examination of the seventh section, above quo¬
ted, will, I think, satisfy the mind of each member of the
General Assembly, that the constitution has only delegated
to the General Assembly the right to exercise the pardon¬
ing power', in cases of treason or murder, after the defendant
has been finally convicted, by the court,-and is subject to be
executed,' by the Sheriff, or to Suffer the penalty of the law,
and has been respited by the Governor. As this is a power
delegated to the General Assembly by the Constitution,
which at common -law they did not possess, they can only
exercise Jt qubject to the restrictions and qualifications con¬
tained in the Constitution. In other words, they must take
the grant Subject to the qualifications contained in the
grant. Until the courts have finally adjudicated the case,
their jurisdiction over it is exclusive, under the first section
Of the first article of the 'Constitution* which declares that
"the Legislative, Executive,, and Judiciary Departments of
Government shall be distinct, and each department Shall he
confided to a separate body or magistracy; and no person or
celkctim of persons, being of one of those departments, shall'
©xereise any pow.er properly attached to either of the others,
except in the instances herein expressly permitted," and by
the first section of the third article of the Constitution,' in
which it is declared that, the Superior Courts, shall liave
exclusive jurisdiction "in all criminal cases." Under this
grant of power, the courts have the exclusive right to try
all criminal'cases, amounting to" felony,' including treason
and murder, and to pronounce judgment in case of convic-
TUESDAY, DECEMBER 13th, 1859. 405
tion, and to order execution of the defendant in eases where
the pentlty is death ; and neither the Legislative nor Exec¬
utive department of the Government has any right to inter¬
fere, except so far as the Constitution has expressly permitted.
Incase Of conviction for murder, the Governor is expressly
'permitted to respite the execution ordered by the Court, and to
make report thereof to the next. Ge?ieral Assembly; and after this
is done, they are expressly permitted, subject to the qualifica¬
tion above meutioned, to pardon the defendant. In this
case, each'department of the Government has its proper
fnnctions assigned to it. The power to try and dispose of
the case is originally vested in the Court, and no other de¬
partment has any right to interfere till the court has pro¬
nounced its,final judgment and ordered execution to be done;
after this*, the Governor may interfere and respite the execution
•and make report thereof to the next General Assembly ; and then
the General Assembly may pardon-, by a majority with. his
Assent, and by a two-thirds majority notwithstanding his
dissent. These I conceive to be the relative powers of the
three departments of the'Government, in a case of murder.
, In the application of these rules, it will be necessary in
determining whether the General Assembly has'yet acquir
ed jurisdiction in this ease, to enquire vthat disposition has
been made of it by the Judiciary, and the Executive De¬
partments ©f the Government. Has there befen a final don-
viction in court, under which the Sheriff of ChattoOga coun¬
ty is authorized and required to execute the defendant ?' *aud
has the Governor respited the execution and made urepo%t
phereoff to the General Assembly ? Neither the one nor
the other has been done ; and I therefore conclude that the
General Assembly haveacqpired no jurisdiction whatever
over this case. • ,
|Upon examination of the papers now of file in the office of the
Clerk of the Supreme Court of this State, which are ancl
have been subject'to the inspection of the members of the
General Assembly, it wrill be seen that the defeudant, Thom¬
as C. TVliitworth, wTasput upon his trial at the last March
Term of -the Superior Court of Chattooga county, for the
murder of Edward M.'Hall, and the jury, after hearing the
case> returned a. .Verdict of guilty of murder, and the Court
sentenced-him to be hung on Friday the 22nd of April last,
ft was then agreed by the counsel for the State, and the de>-
fendajit, that a motion for a new trial might be made at the
then next term of Cass Superior Court, which should be-
'in all respects as if the motion were made before,the ad-
jonnmieut of said Court.'* ,At the next term of Cass Su¬
perior Court, the motion wds made, before the Hon. L* IV.
Crook, then presiding ; and tlie final hearing of the motion
was thou adjourned over until the first day of the next term
of Gordon Superior Court, when it was heard, and the mo-
406 JOURNAL OF THE HOUSE,
tion overruled by the Court, and a new trial refused;
whereupon the counsel for the defendant tendered their bill
of exceptions to the ruling of the Court, for the purpose of
carrying the case to the Supreme Court; which bill of ex¬
ceptions was allowed and signed by the Judge, who there¬
upon, as I learn from counsel in the case, under the provis¬
ions of the statute's in such case made and pro¬
vided, issued his order superceding the judgment of
the Superior Court of Chattooga county, and order¬
ing the Sheriff to suspend all further actiou in the
premises till the adjudication of the case in the Su¬
preme Court and the further judgment of the Superior Court
Under this order, the day fixed for the execution was permit¬
ted to pass, and the case Was carried to the Supreme Court
upon said bill of exceptions. At the last August term of
that Court, held at Atlanta, this case was continued by the
Supreme Court for providential cause ; and the case is still
pending in that Court. There is, therefore, no subsisting
judgment of the Superfor Court of Chattooga county
against the defendant, under which he could ever be execu¬
ted; and there is no day set, in future, for his execution. He
is not, therefore, -'under the sentence of death for the crime
of murder," as recited in this Bill; nor is it in the power of
either the Executive or Legislative Department of the Gov¬
ernment to say that he ever will be again. The Supreme
Court may grant him a new trial, and when again put upon
trial, he may be acquitted, or convicted of some one of the
grades of manslaughter.
It is very clear, therefore, that the General Assembly have
not yet acquired jurisdiction of this case, and very possible
that they may never acquire it. There is no final scntense
in the case, and can be no execution under any judgment
now in existence, whether this bill become a law or not.
If' the General Assembly have a right to pardon in
this case, they would have the same right in a case pending
in the Superior Court upon a motion for a new trial undis¬
posed of in that Court; and if they have that right, they
have the same right in a case pending in the Superior Court
in which no trial has yet been had. Establish this prece¬
dent, and the General Assembly may expect to be called
upon in future to act upon each case of.murder pending in
the Superior Courts in advance of the final action of the
Courts, which will be equivalent to divesting the Courts of
'the jurisdiction given to them by the Constitution, and trans¬
ferring the trial to the General Assembly. I protest against
all such interference by the Legislative departnlent of the
Government Vvith the powers vested by the Constitution in
the Judiciary. Let us wait till the Constitution gives us
TUESDAY, DECEMBER 13th, 1859. 407
jurisdiction of this case, and it 'will then he time enough for
for us to act. "Sufficient unto, the day is the evil thereof."
I do not consider that it is proper for me to express my
opinion upon the facts or merits of this case, as to the guilt
or innocence of the defendant. It is now in the hands of
a Court in whose wisdom and integrity I have the highest
confidence; whose decisions, in point Ot uniformity, ability
and correctness, may justly challenge comparison with those
of any Court in any State in the Union , and which will, I
trust, be appreciated and upheld by the people as the
safe and ultimate arbiter, of their rights, without regard to
the clamor and misrepresentations, of disappointed lawyers,
or the efforts to excite discontent which are made by uUsuc-
cesful litigants. JOSEPH. E. BROWN.
On motion of Mr. Alexander the foregoing bill for the par
don of Thomas C. Whitworth now under sentence of death'
in the county of Chattooga for the crime of murder, which
had failed to receive the executive sanction was taken tip,
and put upon its passage. The'yeas and nays being record¬
ed thereon.
There are yeas 58 ; there are njays 47.
Those who Voted in the affirmative are Messrs*
Alexander, Harper of Sumter, McEver,
Allan, Henderson of Hen-Mullens,
Anderson, ry. Nobles,
Barksdale, Holden, Norwood,
Blakey, Holmes, Patton,
Brantley, Horsley, PrescOtt,
Brown of Houston, Howell of Milton, Price,
Causey, Hurst, Richards,
Clark of Elbert, Joyner, Rozier,
Coleman, Keeling, Smith of Coffee,
Cullens, Key, Sockwell,
Eberhart, Knowles, Sprayberry,
Ector, Kpoy, Sweat,
Fain of Gordon, Lewis of Greene, Tapley,
Fortner, Lewis of Hancock, Tatum,
Gibson of Rich- Lofton, Thrasher,
mond, Lumsden, Turner,
Gibson of "Warren, Mays, Underwood,
Grovensteine, McComb, Vanover,
Hardin, M cDonald of Lump-
Harper of Henry, kin.
'408
JOURNAL OF THE HOUSE.
Those who voted in the negative are Messrs.
Baugh, Harkness, Morris,
Bivins, _ Hartridge, Parks,
Brown of Sumter, Heath, Ragsdale,
Broyles, Henderson of Render,
Bruton of Forsyth, Worth,. Scott
Brewton of Tatt- Hicks, Settle,
nail, Hockenhull, ' Sims,
'Cason, Hopkins, Solomons,
Colvard, ' Jones of Rahun, Yanghn, ■
Daniel, Kelly, Walton
Delony, Lester. - West,
Dixon, Martin, Whittle
Fain of Gilmer, McDonald of Mur- Williams of Musco-
Fain of Union, ray, gee,
Fapnin of M'organ, McLendon, Wilson,
Fleming, . McWhorter, Worley.
Finney, Mitchell,
Goodman,
There not heing two-thirds in favor of the passage of the
hill, it was lost aud the veto sustained. .
Mr. Lumpkin from the committee on enrollment reports as
duty enrolled and signed by the President of the Senate and
ready for the signature of the Speaker of the House of Rep¬
resentatives,
An act to provide and give liens to Stone Cutters and
Marble Companies of this State, to secure payment for their
labor.
Also, an act to incorporate the Home Guards of Madison
in Morgan county, and to grant certain privileges.
Also,-an act to incorporate the town of Statesville in Ec¬
hols county, and to appoint Commissioners for the same,
and other purposes.
Also, an act to incorporate the town of Moultrie in Col¬
quitt county, and to confer certain privileges and powers on
the Commissioners, and to amend the several acts incorpor¬
ating the city of Rome, and to confer certain powers on the
Mayor and Council of the city of Albany, and amend the act
incorporating the town of Monticello in Jasper county, and
for other purposes.
Also, an act to authorize the Inferior Court of Early coun¬
ty to levy h Road Tax, and for other purposes.
Also, an aCt to incorporate the Vernon Shell Road Com¬
pany, *
Also, an act to authorize Absalam E. Roberts, administra¬
tor upon the estate of Robert J. Culbreath, deceased, under
an order of the Court of Ordinary of Walker county, to have
TUESDAY, DECEMBER 13TH, 1859. 409
the distributive share of the widow of said deceased,
ascertained in the Dstate of deceased, and to pay
the same over to her, and then for .the balance of the
said estate, subject to be distributed to be and remain the
property jointly ol the two minor children of said, deceased,
until one of them shall marry or arrive at full age.
Also, ah act to regulate the Agencies of Foreign Insurance
Companies, and to provide lor the appointment of an Insur¬
ance Commissioner.
^ Also, an act to allow the Attorney and Solicitor's General
a fee in cases of Peace \Yarrants.
.Also, an act to authorize the Administrators, of the Es¬
tate of the late Toliver Jones of Harris county* to sell all
the lands belonging to said Estate , lying in-the counties of
Harris, Muscogee and Talbot at the Court House in Harris
county.
Mr. Colvard, from the committee on Journals offered the
following report and resolntion which were taken up, read
and agreed to, to-wit:
The committee on Journals beg leave to report that they
have carefully compared the Journals with the record, and
find them neatly and correctly kept.
In consequence of the extension of the session and the
accumlated mass of business your committee recommend, the
adoption of the following resolution :
Resolved, That the recording Clerks be allowed fifty days
to bring up the unfinished business of the session, and twen¬
ty days to make a perfect and correct index to the same arjd
that the Hon. R. A. McComb be and he is hereby authoriz¬
ed to inspect and receive the same.
The H ouse took up the report of the committee, on the*
bill of the Senate, to provide for the distribution of the Es¬
tate of Colemam J. Pringle, late of Pike county, deceased,
and for the relief of the Executor of said estate.
The report was agreed to, ■ the bill Was read the third
time and passed.
The House took up the report of the Committee on the
bill "of the Senate, to authorize the Governor of this State.to
•grant certain privileges to the Dalton and Gadsen Railroad
Company.
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the Committee oil the
hill of the Senate, to amend an act entitled an act to pre¬
scribe the manner in which the names of persons may be
changed and persons legitimatized, &c., &c.
The report was agreed to, the bill was read the third tune
and passed-
4io JOURNAL OF THE HOUSE.
'The House took Up the report of the Committee On the
Ibill of * the Senate, to abolish the Senatus Academicus, to
give its'powers to the Board of Trustees of the University
of Georgia, and to vest the Government of said University
id said Board of Trustees.
The report was agreed to, the Bill was read the third
time and passed.
' The House took up the report of the committee on* the
bill of the Senate, to ahiend an act entitled an act to amend
an kct to carry into effect, the 6th section of the 4th article
of the Constitution, &c.
The report was agreed to, the Bill was read the third
"time and paSsed.
The House took up the report of the committee on the
bill of the Senate, to incorporate the Chestatee River and
Town Creek Hydraulic Hose Mining Company and Caven-
ders Creek, and Wards Creek Hydraulic Hose Mining Com¬
pany.
The report was agreed to, the Bill was read the third
time and passed.
The House took Tip the report of the Committee on the
bill of the Senate, to incorporate the Augusta, Petersburg
and Savannah River Steam and Pole Boat Navigation Com¬
pany of Forth Eastern Georgia.
The report .was agreed to, and the bill read a third time
and passed.
The House adjourned until o'clock, P. M.
n O'CLOCK, P. M.
The House met pursuant to adjournment.
And went into committee of the Whole, Mr. Lester in
the chair, on the bill of the House to change the name of the
Southern Central Agricultural Society, and to appropriate
jnoney for the benefit of the same.
After some time spent therein the committee rose and
through their chairman, reported the same back to the House
were with an amendment.
Tbe rhport was agreed to, the bill was read the third time
and on the question of its* passage, the yeas and naj3
required to be recorded,
There are yeas 64, there are nays 54,
TUESDAY, DECEMBER 18th, 1859. 4ll
Those Who voted iH the affirmative are Messrs ;
Allan,
Andersbn,
Barksdale,
Baugh,
Brantley,
Brinson,
Hartridge, Parks,
Henderson of Hen-Patton,
ry, Prescott,
Hockenhull, Richards
Hblden,
Holmes,
Bruton of Forsyth, Horsley,
Brewton of Tatt- Howell of Milton,
. nail,
Pausey,
Ctillens,
Delony,
Dixon,
Eain of Gordon,
Eain of Union,
Fannin of Troup,
Gibson of Rich¬
mond,
Hutchins,
Joyner,
Knowles,
Lewis of Greefie,
Rozier,
Selman,
Smith of Bryan,
Smith of Hall,
Solomons,
Sweat,
Tatum?
Taylot,
Lewis of Hancock, Thrasher,
Lester,
Lofton,
Lumpkin,
Martin,
Mays,
Gibson of Warren, McDonaldof Mur
Hardin, ray,
Harper, of Henry, McWhorter,
Harper, of Sumter, Norwood,
Those who voted in the negative are Messrs;
Turner,
Underwood,
Vanover,
Walton,
Wicker,
Williams of Musco¬
gee,
Wilson,
Blakey, Health,
Bivins, Henderson of
BroWn of Houstbn, Worth,
Brown of Sumter, Herrington,
Broyles,
Cason,
Cock,
Colvard,
Coleman,
Conley,
Daniel,
Eberhart,
Fain of Gilmer,
Fleming,
Finney,
Qoodman,
Green of Cobb,
Grovenstein,
Hprkness,
Hicks,
Hogans,
H opkins,
Hurst,
Jones of Rabun,
Keeling,
Kelly,
Knox,
Lumsden,
McCants,
McQrairy,
McDonald of Lump-Vaughn,
kin, Whittle
McEver, Worley,
McLendon, Young,
Mitchell, •
Morris,
Mullins,
Nobles,
Perry,
Price,
Ragsdale,
Render,
Scott,
Settle,
Sims,
Smith of Bryan,i
Smith of Coiiee,
Sockwell,
Tapley,
So the bill was passed. .
Mr. Key from the committee on enrollment reports as
duty enrolled, signed by the President of the Senate and
4\2 (JOUENAL OF THE HOUSE,
ready for the signature of the Speaker qf the" Hou?e of
Representatives :
An act to incorporate the Stewart Volunteers and otker
Volunteer Companies therein mentioned, and tq ponfer on
them certain powers and privileges.
Also, an act to incorporate the town of Carnesville m the
county of Frank-lib, and for other purposes.
Also, an act to authorize the consolidation of the stock of
the Milledgeville and Gordon Kailroad Company, with the
stock of the Central Eailroad and Banking Company of
Georgia, and
Also, to authorize the consolidation of the stock of the
Eatonton Branch Railroad ,and Banking Company of Geor¬
gia. •
Also, an act to authorize an increase of the capital stock of
the said Central Railroad and Banking Company of Georgia,
and for other purposes.
The following message was received from His Excellen¬
cy the Governor, by Mr. Campbell, his Secretary, to wit;
Mr, Speaker;—The Governor has signed the following
Acts to-wit.;
An act to incorporate an Insurance Company in the city
of Columbus, to be called the Georgia Home Insurance Com¬
pany.
Also, to incotporare the Oglethorpe,Insurance Company
of Savannah.
An act to incorporate the town of Bowden in the county
of Carroll, and forgather purposes therein mentioned, and to
regulate the retail of spirituous liquors in a certain distance
of the Boor HouSe in Atlanta.
The following message was received from His Excellen¬
cy the Governor by Mr. Campbell his Secretary, to wit:
Mr. Speaker;—I am directed by His Excellency the Gov¬
ernor to return to this branch of the General Assembly iti
wjjiich it originated:
A bill entitled an act to give Charles N. Terry a minor of*
the county of Muscogee, and Joseph H. Morehouse a rninqr
of Screven county, the same privileges and make them sub¬
ject to the same liabilities as though they were of lawful
age, and to authorize Littleberry Jackson of Green county,
Ghardian of Wm. C. Beckers and MrS. George "W. Johnsqn
formerly Miss Beckers, to settle with said wards, accom¬
panied by a communication in writing.
The House took up the report of the committee on the
ubiH of of the Senate, to change the line between the coun¬
ties of Union an4 Fapnim
TUESDAY, DECEMBER 13th, 1859. 413
^ Tiie xepoit was agreed to, the Dili was read the third
tune, and on the question .of its passage, .the yeas and nays
were required to be recorded.
There are yeas 37, there are nays 59.
Those who voted in the negative, are Messrs ,
Parks,
Prescott,
Render,
Richards,
Selman, .
Alexander,- Herrington,
Anderson, H olden,
Brantley, Horsley,
Brinson Joyner.
BroVm of Houston/Kelly,
Broyles,
Causey,
Dixon,
Ector,
Gibson of Rich¬
mond,
Hardin,
Henderson of Yew-McW horter,
ton,
Key, Settle,
Lewis of Greene, Solomons,
Lewis of Hancock, Tatum,
Lumpkin, T aylor,
Lumsden, Thrasher,
Mays, Turner,
McCrairy, Yanover,
Williams of Mus'gee
Those who voted in the negative are Messrs:
Barksdale, Goodman, McEver,
Baugh, Green of Cobb, McLendon,
Blakey, Harper of Henry, Mullens^ ■
Bivins, Hartridge, Norwood,
Brown of Sumter, Henderson of Hen-Perry,
Brewton of Forsyth, ry, Price,
Brewton of T at t nallHen derson of WorthRosier,
Hicks,
Hockenhnll,
Hogans
Holmes,
Hopkins,
Hurst,
Hutchins,
Jones of Rabun,
Keeling,
Martin,
McCants,
McDonald of Lump-Worley,
kin, Youn
Cock,
Coleman,
Conley,
Cu'llens,
Daniel,
Delony,
Eberhart,
Fain of Gilmer,
Fain of Gordon,
Fain of Union,
Fannin of Troup,
Fleming,
Finney,
So the bill was lost.
Leave of absence was granted Messrs. McGar, Finney and
Fain of Gordon, on account of sickness, and to Messrs. Har¬
per of Sumter and Martin of Cownta, on special busiuess.
The House adjourned until 7 o'clock, P. M.
Scott,
Sims,
Sockwell,
Tapley,
Underwood,
Vaughn,
Walton,
Ware,
Whittle,
Wicker,
Wilson,
414
JOURNAL OF THE HOUSE*
7 O'CLOCK, P. M.
The House met pursuant to adjournment.
On motion of Mr. Dixon, of Muscogee, the following
Message was taken up and read, to-wit:
To the House of Representatives:
I cannot approve the bill entitled an act to give Charles
N. Terry, a minor of the county of Muscogee, and Joseph
H. Morehouse, a minor of Screven county, the same privi¬
leges, and make them subject to the same liabilities as
though they were of lawful age, and to authorize Littleber-
ry Jackson, of Greene county, Guardian of Wm. C. Beckers,
and Mrs. (George W„ Johnston, formerly Miss Beckers, t®
settle with said yrards.
The subject of this bill seems to be, to give to the two
minors above mentioned, all the privileges, and subject thern
to all the liabilities of adult persons, and to permit a Guar¬
dian to settle with his minor wards.
It is necessary in every well regulated government that
there be some fixed period in human life at wheh the disa¬
bilities of youth shall cease, and the privileges and liabili¬
ties of manhood shall commence. The time fixed by our
law is, when the minor shall attain the age of twenty-one
years, This is a safe rule, general in its application, and
sanctioned by the wisdom of ages, and ought not, in my
opinion to be disturbed. If we begin to make exceptions
to the rule, a large portion of the time of the Legislature
will, in future, be taken up in this kind of special or indi¬
vidual legislation, to the delay and hindrance of other more
important business, and at a heavy cost to the State. Ex¬
perience is teaching us every day, how very unwisely we
act, when we commence establishing by Legislation, these
individual exceptions to wholesome general rules. The
youth of bur country are quite enough inclined to assume
the position of manhood prematurely, without special leg¬
islative encouragement. If we admit that there are special
reasons which would justify the* departure frotn this rule,
in this particular case, we must not forget that there will
be no end to these applications, when the precedent of dis¬
regarding the rule is once established. Time will soon do
for these young gentlemen, what it is now proposed to do
by Legislation withput infringing any wholesome rule of
la\v. There are objections qo less weighty to the establish¬
ment of a rule that Guardians may settle with their minor
wards. Every fashionable young gentleman in the State,
who is not yet twenty-one, and whose father has left him a Jit-
Milledgeville, Ga., Dec. 13th, 1859.
Executive Department,
I
TUESDAY* DECEMBER 13th, 1859. 415
tie property, is looking with some anxiety to the time, when
he will take it under his own control. It is often spent fast
endugh after he attains the age of twenty-one. Give him
the control of it at sixteen or eighteen, and it may not last
him till he is twenty-one. Again, it would often be true
that a shrewd, crafty Guardian would prefer to settle with
boys as he might make better terms with them than he
could with men. It may be said that none of these objec¬
tions apply to this particular case; I will not say that they
do; but they might apply to the next one. Establish the
precedent, and break down the general rule, and all these
evils will soon occur in the practice that will follow.
I deprecate all this sort of unwise special, and individual
Legislation, and shall continue to do all in my power to dis¬
courage it.
JOSEPH E. BROWN.
The House took up the report of the committee on the
bill of the Senate to authorize the Ordinary of Whitfield
county to pay Teachers of poor children for the year 1859.
The same was amended. The amended report was
agreed to. The bill was read the third time and passed.
The House took up the .report of the committee on the
bill of the Senate, to authorize the county of Thomas to
aid in the construction of the South Georgia and Florida
Rail Road, and for other purposes therein mehtioned.
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the Comnlittee on the
bill of the Senate to authorize the Ordinary of Banks cdun-'
ty, and* the Ordinaries of certain other counties "to pay
teachers of poor children.
The report was agreed to, the bill was redd the third
time and passed.
The House took up the report of the committee on the
bill of Senate, for the purpose of attaching a strip of un-
surveyed land lying between the 4th and 6th districts of
originally Early county, to the county of Early, and for
other purposes therein contained.
The report was agreed to, the billwas read the thirdtime
and passed. ^ ^
The House took up the report of the committee on the
bill of the Senate to give to Inferior Courts of the several
counties of this State power to appoint some fit and proper
person to receive and receipt for the amount of njoney their
respective counties may be entitled to, Tinder the act to pro¬
vide for the education of the children oi this State, &e.,
where the Ordinaries refuse or neglect to give bond as re¬
quired by law.
JOURNAL OF THE HOUSE.
T]he report was agreed to, the Bill was read the third
time ahd passed.
The House took up the report of the committee on the
hill of the Senate to incorporate the Hebrew Congregation
in the city of Macon.
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the committee on the
bill of the Senate to amend an act entiled an act to provide
foh the education of the children of this State, &c., so far as
the Same relates to the county of Hall.
The report was agreed to.
The bill was read the third time and passed.
The House took up the report of the committee on the
the bill of the Senate, to extend the corporate limits of the
town of Hamilton in the county of Harris, and to give addi¬
tional powers to the corporate authorities of said town.
The same was amended.
The amended report was agreed to, the bill was read the
third time and passed.
The House took up the report of the committee on the bill
of the Senate to repeal the 2d section of an act, entitled
ai^ act to provide for the education of the children of this
State, &c., so far as relates to the county of Echols, and for
other purposes.
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the committee on the
bill of the Senate to provide for the election of county
Treasurer in the counties of Berrien, Newton, Baker, For¬
syth, Hajl, Lumpkin, Ware, Mitchell, Fannin, Paulding,
Johnson, and Marion.
The same was amended.
The amended report was agreed' to, the bill was read the
third time and passed.
The following message was received from the Senate by
Mr. West their Secretary :
Mr. Speaker:—The Senate have passed the following bills
to wit:
A bill to be entitled an act to alter and amend an act, en¬
titled an apt to provide for the education of the children of
this State between certain ages, and to provide an annual
sinking fund for the extinguishment of the public debt.
Assented to 11th December, 185S.
Also, a bill to be entitled an act to' recognize under cer¬
tain circumstances the boundary line between the States of
Georgia and Florida, as the permanent boundary aflrrning
titles to land on either side of the line, and directing crimi->
pal prosecutions in Georgia to be nolle prosiqui.
TUESDAY, DECEMBER, 13th, 1859, 417
The Senate have, concurred in the' amendments' of the
Hoiiso bt Representatives to the following bills, .to-wit:, '
A bill to be entitled an act to incorporate' the Enterprise
Rail Road Company, and for other purposes.
Also, a bill to be entitled an act to incorporate the South¬
ern Rights Guards, in the county of Houston. t
To incorporate the Scott's Rifles, in the county bf Tal¬
bot. •
To incorporate the Macon County Volunteers, in the
county of Macon, and for others purposes.
Also, a bill to be entitled an act to alter and change the
times of holding the Superior Courts of the counties of
Wilcox, Telfair, Irwin, Berrien and Glynn, and for other
purposes therein named.
Also, a bill to be entitled an. act to provide for the distri¬
bution and disbursement of the common school fund, to
which the counties of Gilmer and Lumpkin are, or may be
entitled, under and by virtue of an act passed on the
eleventh day of December, 18-58, and for other purposes
therein named.
Also, a bill to be entitled an act to change the eighteenth
section of the fourteenth division of the Renal Code pf this
State, and for bther purposes.
Also, a bill to be entitled an act, to alter and change and
define the line between Early and Clay counties.
Also to change the lines between Henry and Clayton
counties.
The Senate have also concurred in the amendments pf
the House ot Representatives to the following bills of the
Senate, with amendments, in which they ask the concur¬
rence of the House:
r t »
A bill to be entitled an act to compel all persons non¬
residents of the county of Wayne, owning penning and
grazing stock cattle in said county to return and pay tax on
the same in the county aforesaid.
A bill to be entitled an act to define and punish vagrancy
in free persons of color.
The House took up the report of the committee on the
bill of the Senate for the relief of Luke Paget, his heirs and
representatives.
The report was agreed to, the bill was read the third time
.and passed.
The House took up the report of the committee on the
bill of the Senate to regulate the sale and use of spirituous
liquors and intoxicating drinks within the corporate limits
of the town of Elberton.
The report was agreed to.
The bill was read the third time and passed.
' The House took up the report of the -committee on the
27
418 JOURNAL OF THE HOUSE,
bill of tbe Senate to incorporate Furlow Female College in
the city of Americus, &c.
The report was agreed to, the Bill was read the third
time and passed.
The'House took up the report of the Committee on the
bill of the Senate to legalize the purchase ot a tract of land
made by Mrs. Clementina J. Billingslea Administratrix of
James F. Billingslea deceased, of the county of Greene.
The report was agreed to, the Bill was read the third
time and passed.
The House took up the report of the Committee on the
bill of the Senate to incorporate Chicaro Baptist Church in
the county of Rabun.
The report was agreed to, the Bill wras read the third
time and passed.
The House took up the report of the committee on the
bill of the Senate to change the common school laws so far
as relates to Walker county.
The report was agreed to, the Bill was read the third
time, and passed.
The House took up the report of the committee on the
hill of the Senate to add a section to an act appointing the
persons therein named commissioners of the town of Preston
&c., assented to Dec. 22nd, 1S-57.
The report was agreed to, the bill was read the third
time and passed.
The House took up the report of the committee on the
bill of the Senate to authorize the Ordinary of Pike county
to pay Teachers of poor children for the year 1S5S, and for
other purposes herein named.
The report was agreed to. The hill was read the third
time and passed.
Tile House took up the report of the Committee on the
hill of the Senate to change the time of holding the Inferior
courts in the county of Gordon,
The report was agreed to, The bill was read the third
time and passed.
The House took up the report of the committee on the
bill of the Senate to change the lines between the counties
of Worth and Colquitt.
The report was agreed to. The hill was read the third
time and passed.
The House took up the report of the committee 011 the
bill of the Senate to provide for the relief of John A. Jone&
and Jackson Vaughn, of the county of Milton.
The report was agreed to, the bill was read the third
time ami lost.
The House took up the rep011 of the committee on the
bill of the Senate to authorize the Justices of tho Inferior
TUESDAY, DECEMBER '13th, 1859. '419
court of LuMpkin county or a Majority of them, to lory an
extra tax <fee.
The- report was -agreed to, tire bill was read the third time
and passed. , ' '
The House took up the report of the comniittee r 11 -the
bilji of the Senate to incorporate the Savannah Mutual Loan
Association. '
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the Committee oil \tbe-
bill of the Senate for the relief of Susan L. Bi Godwin ef the
county of Bibb, and William P. Neil of the county-of Trbup.
The report was agreed to, the bill was read'hhe third time
and passed. ■ .
The House took up the report of the committee on the
bill of the Senate to prevent delay in the trial of'causfs in
the courts of this State, &c. ' , ' • . >
The report was agreed to, the bill wal read the'third time
and passed. '
The House took up the Report of the committee on the
bill of the Senate to compensate the Sheriffs of Jefferson,
county for service of subpoenas on grand and petit jurors .of
said county.
The same was amended.
The report as amended was agreed to, the bill was read
the third time and passed.
The House took up the report of the committee on the
bill of the Senate to prescribe.and define the qualm cations
of persons in Early county, for the office of Ordinary, and
to remove certain disabilities under existing laws and for
other purposes. , ''
• The report was agreed to, the-bill was read the third time
and passed. , ' ,
The House took up the report of the Committee on the
bill of the Senate to authorize the Thomaston and Barnes-
ville Railroad company to construct and extend their Rail¬
road, to. some point on the Railroad . of the Muscogee Rail¬
road company, and to authorize and empower the Musco¬
gee Railroad company, by and with the consent of the
Thomaston and Barnesville Railroad company to extend
their Railrood from some convenient point on their Railroad
to Thomaston in Upson county, .and for other purposes.
The same was amended,
The report as amended was agreed to. The Bill was read
the third time and passed. ■ . . •<
The House took up the report of the 'committee on.the
bill of the Senate to amend an act entitled an act to My out
and form a new county out of the counties of Marion and
Sumter, &c.j &c.
420
JOUENAli OF THE HOUSE.
'the report was agreed to, the bill was read the third timer
and passed.
The House took up the report of the Committee on the
bill of the Senate to authorize the Inferior court of the counr
ty of Hancock, to compel the hands subject to do road duty
jn any one district in said county to perform road duty m
&ny'adjacent district.
The report was agreed .to, the bill was read the third time
and passed.
The House took up the report of the committee on. the
bill of the Senate to amend an act.entitled an act to incor¬
porate the town of Dalton under the name and style of the
city of Dalton, &c., &c.
The report was agreed to, the bill was read the third time
&nd passed.
, The House took up the report of the Committee on the
bill of the Senate to require the Ordinaries of the several
counties in this Si&te, to pay Teachers of poor children in
their respective counties, as herein specified.
The report was agreed to, the bill was read the third time
and passdcL
The House took up the report of the committee on the bill
of the Senate to revive and put in force the 3rd and 4th sec¬
tions of ah act, amending an act to incorporate the town of
Lumpkin in Stewart county, and for other purposes.
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the committee on the
bill of the Senate to allow the Ordinaries of the counties of
Talbot, Newton, Cobb, Columbia and Hart to pay certain
Teachers pf poor children, &c.
The same was amended,
The amended report was agreed to, the bill was read the
third time and passed.
The House took up the report of the committee on the
bill of the Senate to change the line between the counties of
Baker and Early, so as to add lot of land 392, in the 7th
district, to the county of Early.
The samp was amended.
The amended report was agreed to, the bill was read
the third time and passed.
The House took up the report of the committee on the
bill it)f the Senate to change the line between the counties
Of Whitfield and Catoosa, and for other purposes.
* The report was agreed to, the bill was read the third time
and passed. •
The Hdqsp took Up the report of the committee, on the
bill of the Senate to amend an net entitled an act to incor¬
porate the Georgia Whitepath Gold and Copper colnpany.
TUESDAY, DECEMBER 13th, 1859. 431
The Report was agreed to, the bill Was read the third time
a!nd paksed. ,
The House took up the report of the committee on the
hill of the Senate to alter, amend, and defme-an act to pro¬
vide for the education of the children of this State, &c., so
far as relates to the county of Murray.
The same was amended.
The amended report was agreed to, the bill was read the
third time and passed,
^ The House took up the report of the committee on the
nill of the House to exempt certain property from taxation*
&c.
The same was amended.
The amended report was agreed to, the bill was read the
third time and passed.
The following bills of the Senate were on motion indefi¬
nitely postponed, to wit: . *
A bill to authorize Solomon A. Howell, an infirm man of
the comity of Calhoun, as an itinerant trader, to vend any*
goods* wares, or merchandize within the second Congress-
ional District, without obtaining license for the same*
Also, to allow Allen Hall of the county of Quitrtian, and
Robert Davis of the county of Hall to peddle under certain
restrictions.
A bill to alter, amend, and construe an act to provide for
the education of children of this State, assented to, 11 De¬
cember, 1858, so far as the same relates to the county of
Paulding.
A bill to authorize James E. Glynn of Pulaski to peddle,
on such goods and wares not prohibited by law in the limT
its of said county.
A bill for the relief of Davis Gammage, Shadrack Ware,
William Winters and Henry M. Johnson, from their liabili¬
ty upon certain Penal Bonds.
A bill for the relief of Moses G. Sutton of the county of
Rerrien.
The following bills of the Senate were read the first time,
io wit:
A bill for the relief of Lemuel R. Webb of Early coun¬
ty*
A bill to change tha line between the counties of Madison,
and Jackson, between Floyd and Polk, between Macon and
Taylor, between Wilcox and Pulaski, between Sumter ana
Macon, between Merriwether and Coweta, and to amend
the caption of hn act, assented to, llfh December, J. 858, en¬
titled an act to change the line between the counties of
Ware and Pierce, and other counties therein mentioned. (
A bill to provide for the payment of the person appointed
422 JOURNALS THE HOUSE,
by x^e Judges 'of the Superior Courts of the counties of
Burke, Chatham, Columbia and Floyd, to take down testis
uiouy on the criminal cases in said counties.
A bill to compensate the Tax Receiver of Marion couuty
for services rendered.
A bill to amend an act of 1S-5S, incorporating the town of
LaFayecte of Walker county, and for other purposes.
A lull to allow Matthew Cook of Walton county to ped¬
dle without paying tax for the same.
A bill to repeal the 5th section of an actto change and fix
the time of holding the Inferior Courts in the county of
Lumpkin and to authorize the drawing and summoning
Grand and Petit Jurors lor said courts, approved 11th, Rec.
1S-3S and to add the county of Lumpkin to the Western
Circuit, and to authorize the holding of said Court on the
fou'ith Monday in March and September.
A bill to authorize the Ordinary of DeKalb county, to pay
S. W. Latham, for teaching poor children in said county.
A bill to incorporate the town of Homer, in the county
of Banks, and to appoint commissioners for the same, and
other purposes.
A bill to authorize the Governor of this State, to cause to
be established at some accessible- and convenient place in
this State, a State Foundry and for other purposes.
A bill to exempt practicing physicians in Jefferson coun¬
ty from Jury duty.
A bill to incorporate the Columbus and Whiteville, R. R.
Company.
A bill to authorize Alexander R. Lenard, Guardian of Mi¬
chael W. Harvey to pay over to the said Ward, the whole
or any part of the estate, of said Michael W. Harvey in the
hands of Alexander R. Lenard.
A bill to repeal an act of lS53-'4, so far^as the county of
Decatur is concerned.
A bill to prescribe the mode of laying out private ways,
antj'for other purposes, so far as relates to the county of
Henry.
A bill to authorize George Underwood of the county of
Glasscock to pay over to and settle with Wm. W. Tkomjh
son, a minor, his ward and for other purposes.
A bill to amend the 33d section of the Judiciary act of
1790, in relation to the advertisement of Sheriffs sales.
A bill to prevent free negroes from coming, or being
brought into the State of Georgia.
A bill to ihcorporate the Trustees of the Southern Bo¬
tanical Medicel College, assented to, December 11th, lb39*
A bill to authorize the luferier court of Lumpkin county*
to b vy a tax for certain purposes therein mentioned.
' A bill to incorporate the Ben Hill Academy in the coun¬
ty of Emanuel, and to appoint Trustees- for the same..
TUESDAY, DECEMBER Wt;#, 1^59, 4^$
• «
A bill to •limit the time in which suits in th6 Cpurts of j
law in this State, must be brought; and also limiting the
time in which indictments are to be found and prosecuted
in certain cases, and for other purposes therein mentioned,
approved March 6th, 1856.
A bill to#mahe valid certaia sales of real estate heretofore
made by Executors, Administrators and Exectors in this .
State, and other purposes.
A bill to incorporate the -Georgia Internal Improvement
Association.
A bill to consolidate and amend the several acts ihct»rpo-
tating the town of Cartersville in the county of Cass.
A bill to incorporate the town of Summerville in the
county of Emanuel, and appoint commissioners for the kame
With powers to regulate the same, for the benefit of the
school within said corporate limits.
A bill to repeal so much of the first section of an act, to
appoint county Treasurers, and define their duties, approv¬
ed December 24th, 1825, as relates to the appointment of
said officers by the Justices of the Inferior court of the State
and to authorise their election by the people, so fat as re¬
lates to the counties of Forsyth, Newton, Hall and Baker. 4
A bill to be entitled an act to compel persons owning pne
thousand or more acres of land in certain portions of Mont¬
gomery and Telfair counties; Also, in the counties of
Wayne, Camden, Wilcox and Dooly, to give in and and pay
taxes on the same in said counties.
A bill to change the line between the coupties of Camp¬
bell and Coweta, and between the counties of Taylor and
Schley, and for other purposes.
A bill to amend the charter of the Ellijay Railroad compa¬
ny, and for other purposes.
A bill to incorporate the Jennet Medical Society of Ogle¬
thorpe and Medical College of Savannah.
A bill to incorporate the Calhoun and Romp Railroad
company, and to grant certain powers and privileges to said
company.
A bill to alter and amend an act to submit the question
of the removal of the county site of Montgomery county to
the voters of said county, and for carrying out the will of
the majority, assented to December 21st, 1857.
A biil to incorporate the town of Bainb ridge,-and to grant
pertain privileges to the same.
A bill to recognize Under certain circumstances, the boun¬
dary line between the States of Georgia and Florida hs the
permanent boundary ; affirming titles to land on either side
of the line,- and directing criminal prosecutions in Georgia
to be nolleprose qui.
A bill to be entitled an an to alter and amend an act en-r
titled an act to provide for the education of the children-of
424 JOURKAL OF THE HOUSE
the State, between certain ages, and to provide an annual
sinking fund for the extinguishment of the public debt, as¬
sented to, December 11th, 1858.
The following bills of the Senate were read the sec¬
ond time and committed for the third reading, to»-wit:
A bill to incorporate the Alabama and Oostanola Steam
Boat company, and to grant to said companies certain pow¬
ers therein specified.
A bill to be entitled an act, to amend an act entitled an
act to provide for the education of the children of this State
between certain ages, and to provide, an annual sinking fund
for the extinguishment of the public debt, so far as relates
to the county of Fannin.
A bill to authorize the Justices of the Inferior Court of
# of Fannin county, to levy an extra tax of fifty per cent, for
the purpose of paying for their Jail, and for other purposes,
A bill to repeal a part of the first section of the third ar¬
ticle of the Constitution of this State, and to insert a provi¬
sion in lieu thereof.
. A bill to extend the eivil jurisdiction of the Justices of
the Peace in that part of the county of Chatham embraced
within the city of Savannah.
A bill to alter and change the line between the counties
of Dougherty and Worth.
A bill to repeal the second section of an act to repeal the
nineteenth section of an act to incorporate a bank in the
city of Atlanta, to be called the Bank of Fulton, and for
other purposes.
A bill to define and enlarge the duties of Treasurer of the
several counties of this State.
A bill to change the time of holding the Inferio Courtr
of Emanuel county.
A bill to provide compensation to Coroners for burying
insolvent persons.
A bill to incorporate Pulaski Insurance Company of Ilaw-
kinsville, Georgia.
A bill to alter and change the county line between De-
Kalb and Henry. •
A bill to repeal a portion of 8th section of an act to pro¬
vide for the education of the children of this State between
certain ages, and for other purposes, so far as relates to the
county of Emanuel.
A bill to be entitled an act to change the line between
the counties of Laurens and Johnson.
A bill to be entitled an act to incorporate a corps of In¬
fantry in the town of Jonesboro, in the county of Clayton,
to be known as the Clayton Volunteers, and to confer cer¬
tain privileges on the same.
TUESDAY, UEUESMBER 18TH, 1S59. 425
•
A bill to bo entitled an act to alter and amend the law of
decent in cases of persons who are illegitimate, or born Out
of lawful wedlock dying intestate.
A bill to be entitled an act to explain the 10th section of
the 10th division of the Penal Code of this State. '
A bill to be entitled an act to require the several treasur¬
ers of the several school districts of the county of Lumpkin^
to return the unexpended balance of the school funds now
in their hands, to the Ordinary of said county, and for oth¬
er purposes therein named.
A bill to be entitled an act to provide compensation for
the Petit Jurors in Mitchell, and for other purposes.
A bill to be entitled an act to alter and amend the first
section- of the third' article of the constitution, as to the
place or places of the sitting of the Supreme Court of this
State.
A bill to be entitled an act to repeal an act entitled ah
act to consolidate the the office of Clerk of the Superior
and Inferior Courts, of the county of Haralson. Assented;
to December 22nd, 1857.
A bill to be entitled an act to change the line between
the counties of Elbert and Madison, and for other purposes.
A bill to be entitled an act for the relief of James Brooks
and John H. Jones, of Randolph county—of Jordan Flan¬
ders, of the cpunty of Emanuel—of John M. Brack, of the
county of Dougherty—of Benjamin Chapman, of Clayton,
county, and of Noah Godfrey of Muscogee coqnty.
A bill to be entitled an act to change the lines of Butts
and Henry counties.
A bill to further regulate retail of spirituous liquors.
A bill amendatory of the act of 1857, entitled an act to
provide against the forfeiture of the several Bank Charters
in this State, on account of non-specie payment for a given,
time, and for other purposes, and declaratory of the true
meaning of certain sections of the same.
A bill to repeal an act entitled an act to consolidate the
Offices of Clerk of the Superior and Inferior Court of the
county of Haralson ; assented to December 22d, 1857, and"
for other purposes.
A bill to change the line between the counties of Elbert
and Madison, and for other purposes.
A bill to correct and perfect the plat and grant to lot of
land No. 142, in the 4th District of originally Appling'
now Pierce county, so as to change the title to William, in¬
stead of Abraham Osteem. *
A bill facilitating mining operations for gold, and for oth-t
er purposes, in the county of White.
A bill to amend the act to organize a Volunteer Battal-
liort in the city of Savannah, to be called Independent Vol-
456
JOURNAL OP THE HOUSE,
unteer Bat'tallidn of Savannah. Assented to January 50fh,
IS 52.
A bill to amend an act for the better protection and se¬
curity of Orphans and their estates. Approved February
18th, 1799.
A bill to authorize the Inferior Court of Haralson coun¬
ty to levy an extra tax.
A bill to authorize Stephen Ellis, an old man of the coun¬
ty of Gwinnett as an itinerant trader to vend any goods,
"wares, <fcc., within the county of Gwinnett, without pay-
tag license for the same.
A bill to pay the Sheriffs of the several counties of this
State fen' certain services, and for other purposes.
A bill to require certain officers in Emanuel county to be
kept at the county site, and for other purposes.
A bill to amend the several acts incorporating the town
Of Cartersville, in Cass county, so far as to exclude the resi¬
dence of James Milner, out of the corporate limits of said
"town.
The House adjourned until 9\ o'clock, A. M. to-morrow.
WEDNESDAY, DECEMBER 14th, 1S59.
The House met pursuant to adjournment.
On motion of' Mr. Tatum of Dade, so much of the Jour¬
nal of yesterday as relates to the action of the House in sus¬
taining the veto of the Governor on the Bill ffor the pardon
Of Thomas C. Whitworth of the county of Chattooga,
now under the sentence of death for the crime of mur¬
der,was reconsidered.
On motion of Mr. McDonald of Murray so much of the
Journal of yesterday was reconsidered as relates to the re¬
jection of the Bill to provide for the relief of John A. Jones
and Jackson Vaughn of the county of Milton.
On motion of Mr. Lester of Cobb, so much of the Journal
of yesterday was reconsidered as relates to the adoption of
the resolution relative to the time allotted the Recording
-Clerks to bring up the unfinished business of the present
session.
Leave of absence was granted to Mr. Henderson of Hen¬
ry after Thursday next, on account of the indisposition, and
to Messrs. Daniel of Jackson, Fberhart, and Howell of
Milton after Thursday next on special business.
The Houpe tpok up the report of the committee on the
bill of the Senate for the pardon of John punday of tlip
WEDNESDAY, DECEMBER 14?ii, 1859. 427
comity of Gwinnett now nncler sentence of death for the
crime of murder.
IJhc report wafe agreed to, the "bill ?as read the third
time and on the question of its passage the yeas aud nays-
being recorded.
There are yeas 67, there are nays 37.
Those who voted in the affirmative are Messrs,
Allen.
Anderson,
Barksdale,
Bivins,
Brantley,
Cason,
Clark of Elbert,
Colvard,
Coleman,
Cullens
Daniel,
Delony,
Dixon,
Eberliart,
Ector,
Fain of Gordon,
Fannin of Troup,
Finney,
Fortner,
Gibson of Rich¬
mond,
Grovenstei'ne,
H ardin,
Hartridge,
Henderson of
Worth,
Herrington,
Hockenhull,
Hogans,
Holden,'
Holmes,
Hopkiils,
.Horsley,
Jovner,
Hey,
Knowles,
Morris,
Nobles,
Patto'n,
Pilcher,
Prescott,
Price,
Ragsdale,
Render,
Richards,
Smith of Bryan,
Smith of Coffee,
Solomons,
Sprayberry,
Sweat,
Tapley,
Tatum,
Knox,
Lewis of Hancock, Taylor,
Lester, Turner,
Lofton, Underwood,
Lumsden, Walton
Mays Wicker,
Gibson of Warren,McComb, Young,
Goodman, McDonald of Lump-
Greene of Cobb, kin,
Those who voted in the negative are Messrs:
Baughr Harper of Henry,
Briuson, Heath,
Brown of Sumter, Hurst,
Broyles, HutchinS,
Bruton of Forsyth, Jones of Rabun,
Brewton of Tatt- Kelly,
nail,
Conley,
Cook,
Fain of Gilmer,
Fain of Union,
Lewis of Greene,
McCrairy
Mitchell,
Mullens,
Perry,
Rozier,
Scott.
Simms,
Sockwell,
Thrasher,
McDonald of Mur- Vaughn,
ray, Whittlo.
McEver
Fannin of Morgan, McLendon,
Fleming,
Harknfess,
McWhorter,
Williams of Muscq-
gee,
Worley,
428
JOURNAL OF THE HOUSE,
So the bill was passed.
Mr. Tatum of Dade offered a resolution which, wm» adop¬
ted, requiring the bill for the pardon of Thomas C. Whit*
worth to be placed on file in the office of Secretary ot State
and that the Secretary of State do furnish on the application
of any person a certified copy thereof, with the peal o'f hig
office attached.
Mr. Lumpkin, from the Committee on Enrollment, reported
as July enrolled, and ready for the signature of the Speaker
of the House of Representatives :
, An act to ■ prohibit the post mortem manuinisrion of
slaves.
The following message was receiv ed from the Senate
by Mr. West, their Secretary, to-wit:
Mr. Speaker: The Senate have passed the following bills
of the House of Representatives, to wit:
A bill to be entitled an act to incorporate the Eatotfton
and Madison Rail Road. Also,
A bill to be entitled an act to repeal and act amendatory
of the 10th Secti'on of the 10th Division of the Penal Code
of Georgia, and for other purposes. Also,
A Bill to be entitled an act to authorize the Judges of the
of the Superior Courts ot this State to allow special and
petit jurors, refreshments in certain cases therein named
and for other purposes. Also,
A bill to be entitled an act to abolish the public execu¬
tion of criminals condemned to death by the laws of Geor¬
gia, upon certain conditions therein mentioned, and to pro¬
vide for their execution in private. Also,
A bill to be entitled an act to allow and make compensa¬
tion to the Reporter of the Supreme Court, for certain vol¬
umes* of the decisions of said Court furnished by him, under
fhe provisions of the aet of 1S45. Also,
A bill to be entitled an act to prohibit the post mortem
ipanumission of slaves. Also,
A bill to be entitled an act to require securities, and en¬
dorsers, when they give notice, to do so in writing. Also,
A bill to be entitled an act for the relief of John W,
Cardwell'ofthe county of Morgan, and Tomlinson Fort, of
the county of Baldwin, and for other purposes. Also,
A bill to be entitled an act to incorporate a Volunteer
Cavalry Company in the county of Floyd, known as the
Floyd Cavalry, and for other purposes. Also,
•A bill to be entitled an act for the relief of Arthur Haire
•of the county of Cass. Also,
A bill to be entitled an act to change the lines between
the counties of Appling and Coffee, so as to add Benjamin
Thomas, of the county of Coffee, to the bounty of Appling.
Also,
WEDNESDAY, DECEMBER 14th, 1859. 429
A bill to be entitled on act to 4mend the Road Laws of
this State, approved the 19th. day of December, 1S18, and
to punish persons for violating the same. Also,
A bill ;>! be entitled an act to appropriate money to de¬
fray the expenses of the Pupils of Georgia Academy for the
Blind : and to provide furniture, apparatus, and books for
said academy. Also.
A bill to be entitled an act to protect the possession of
lands of actual residents of the county of Charlton, and for
other purposes. Also,
A bill to be entitled an act to incorporate the Hancock
Van Guard, an Infantry Company in the county of Hancock
and aho the Hancock Troop of Cavalry of said county, and
to inc6rporafe the Jackson Rifles, and for other purposes.
Also,
A bill to bq entitled an act to authorize the Inferior
Court of die county of Tattnall, to levy an extra tax for
county purposes. Also,
A bill to be entitled an act to amend an act to incorporate
the to u ii of Camilla, in the county of Mitchell, approved'
March drd, 1856. Also,
A bill to be entitled an act to incorporate the'Georgia
Hussais, a volunteer Military Corps of Savannah. Also,
A bill to be entitled an act to change the line between
the counties of Coweta and and Heard, and to add lot of
land number 84 in the fifth district of originally Henry,
now Fayette county, to the county of Clayton. Also,
A bill to be entitled an act to make Justices of the Peace
in the several Militia Districts in the the county of Jasper,
ex-oflicio Road and Patrol Commissioners. Also,
A bill to be entitled an act to amend the Judiciary act
of this State, approved the 16th day of February 1799, as
to require the several .Clerks of the Superior, Inferior, and
corporation courts of the county of Richmond in this State,
to enter all appeals of causes tried in any of said Courts in a.
separate Book, to be provided for that purpose. Also,
A bill to be entitled an act to incorporate the town of
Blackshear, in Pierce county, to confer upon the citizens of
Said town the privilege of electing Town Commissioners,
with certain powers therein enumerated, and for other pur¬
poses. Also,
A bill to be entitled an act to incorporate the town of
Quitman in Brooks county, and to confer upon the citizens
of said town the privilege of electing Town Commissioners
with certain powers therein enumerated, and for other pur¬
poses therein specified. Also,
A bill to be entitled an act to attach lots of land number
54 and 55 in the seventh district of Randolph county to the
county of Clay. Also,
•430
JOURNAL OF THE HOUSE,
A Hill to be entitled an act to- reduce the work oil Roads
in the county ofWilcox. Also,
A bill to be entitled an act to prescribe the duty of tlie
Judge of the Superior Cotirt of the county of Stewart, in re*
tion to Petit Jurors ofsaid Court, and for other purposes.
Also,
A bill to be entitled an act to add a part of Montgomery
county to Laurens county. Also,
A bill to be entitled an act authorizing the Inferior Court
of Schley county to levy an extra tax for county purposes.
Also,
A bill to be entitled an act to regulate the fees of Jurors
in Justices Courts in the counties of Catoosa and Dade.—
Also,
A bill to be entitled an act to incorporate the Jackson
Artillery of the city of Macon, and to authorize the Governor
to furnish them with suitable arms and accoutrements, and
to grhnt certain immunities and privileges to the members
of the same. Also,
A bill to be entitled an act to authorize Samuel Irvin of
the county of Clayton to practice medicine upon the Hydro-
phatic system, and to charge for the same. Also,
A bill to be entitled an act to reduce the Sheriffs bond of
the county of Milton. Also,
A bill to be entitled an act to incorporate Spring Yale
Institute located in Randolph county, Georgia. Also,
A bill to be entitled an act to authorize the Manir of
the city of St. Mary's to hold special courts for sum nary
trials of. any dispute or difference between any ship-mas¬
ter, owner, consignee, or super-cargo of any vessel, a tide
Seaman, or other person in the corporate limits of said
city. Also,
A bill to be entitled an act to charter the Port Koyal
Rail Road company. Also,
A bill to be entitled an act for the relief of James M.
Jones of the county of Bibb, Executor of the last will
and testament of James S. Beall late of Dooly county,
deceased, and for other purposes therein mentioned. Also,
A bill to he entitled an act for the relief of Richard My-
lick of Pike county.
The Senate have passed the following bills of the House
of Representatives with amendments in which they ask
the concurrence of the House :
A bill to be entitled an act to confer certain p nvcrs
ppon the Judge of the city court of Savannah, and for
other purposes therein mentioned. Also,
A bill to be entitled an act to change, the times qi hold¬
ing the Infefior Courts of the counties of "Webstt' and
pade, apd tp change the times of holding the Superior
Courfo of the counties of Richmond and Glynn. Also,
"WEDNESDAY, DECEMBER 14ns, 1S5&, «1
A bill to be entitled an net to alter and change the
county line between the counties of Glasscock, .antT War¬
ren, and to change the residence of Richard H. tlark. from
the the county of Glasscock to the county of Warren, and
to take eertain lots of land therein named, from the eonn-
ty of Macon, and to- add them to the county hf Taylor,
and for other purposes. Also,
A bill to be entitled an act to amend the several acts bf
the General Assembly relating to the Savannah and Alba¬
ny Railroad company, and the Savannah Albany and Gulf
Railroad company, and to authorize the said company to
consttuct branch Roads to the boundary line between GeoiV
gia and Florida.
Alsp, a bill to be entitled an act to incorporate a Min*
ing company in Carroll coUnty, and in other counties in the
State of Georgia. Also,
A bill to be entitled an act to amend the charter of the
toWn of Washington in Wilkes county. Also,
. A bill to be entitled an act to prescribe the time of
holding elections for members of the Senate in the Coh-
gress of the United States from the State of Georgia
Alsoy ,
A bill to be "entitled an act to empower ex-Judges of
the Superior Courts to sign bills of exceptions in certain
cases. Also,
A bill to be entitled an act to change the time for hold-
' ing the elections for county officers in this Sfate. ,
Also, a bill to be entitled an act to appropriate inoney for
the support of Government, for the political yeaf fStiO, and
to make certain special appropriations, and for other pur¬
poses thereiil named.
The Senate hate also agreed to a Resolution in which
they authorize the Governor, to appoint a Commissioner to
go to ^Europe, and act in concert with the Commission ap¬
pointed by the Cotton Planters Convention of the State of
Georgia, in which they ask the concurrence of the House.
The House took up the report of the committee on the
hill of the Senate, to extend the civil jurisdiction of the Jus¬
tices of the Peace, in that part of the county of Chatham,
embraced within the city of Savannah.
The report was agreed to. The bill was read the third
time and passed.
The House took up the report of tlxe committee on the
reconsidered bill of the Senate, for the relief of John Farmer
and William Stott, securities on the appearance bond of
NeWton Freeman, of the county of Gilmer. ^
The report was agreed to, the bill "was read the third time
and passed.
The House took up the Report of the committee oh the
bill of the Senate, to repeal^ the 2d section of an act entitled
m JOtBNAL OF THE flOUSE.
an act to incorporate a Bank in the city of Attanta, tO be
(called the Bank of Fulton, and for other purposes therein
named*
The report was agreed to, the bill Was read the. third time
and passed.
The bill of the Senate to authorize the arrest and rendi¬
tion of persons committing offences against the? criminal
laws Of any of the States, adjacent to the State of Georgia,
and who may take refuge within the limits of the State of
Georgia, upon certain conditions therein named, and
A bill to change the line between tbe counties of Colquitt
ai^d Thomas, and other counties therein mentioned, were in¬
definitely postponed.
The House took up the report of the Committee on the
bill of the Senate, to amend an act in reference to granting
•divorces, approved Dec. 5th, 1806.
The report was agreed to, the bill was read the third time
and passed*
The House took up the report of the Committee on thd
hill of the Senate, to declare the true intent and meaning
of the 20th section of an act entitled an to carry into effect
the'amended Constitution in reference to Ordinaries of said
State, and for other purposes*.
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the Committee on the
bill of the Senate, for the relief of William S. Kackley and
Eliza A. Rackley, formerly Eliza A. Brazwell of the county
Of Decatur, and for other purposes therein mentioned.
The report was agreed to, the bill was read the third time
and passed.
The- House took up the report of the committee on the
bill of the Senate, to require the Ordinary of Worth coun¬
ty pay Isaac R. Porter's accounts against said county for tui¬
tion of poor children in said county.
The report was agreed to, the hill was read the third time
and passed,
Tbe House took up the report of the committee on the
bill of the Senate, to amend an act to incorporate the Geor¬
gia and Alabama Railroad Company, and to grant certain
privileges and powers to the same, and for other purposes,
afprovedFeb, 18th, 1854.
The report was agreed to.
The bill was read the third time and passed.
The House took up the report of the committee on tha
bill Of fhe Senate, to incorporate the Pulaski Insurance Com¬
pany ot Hawkinsville Georgia^
Thq report was agreed to, tbe bill was Tead the third time
and passed.
T$e Hpuse tpok up the report pf tbe Cominittee- on the
WEDNESDAY, DECEMBER 14th, 1859. 433
bill of the Senate, to declare the meaning and intention of
an act amendatory of an act to exempt from levy and sale
under execution, certain property therein mentioned, assen¬
ted to, Dec. 22d, 1857.
The report was agreed to, the hill was read the third
time and passed.
The House took up the report of the Committee on the
bill of the Sehate, to authorize the Ordinary of DeKalb
county, to pay arrearages due J. F. Buchanan (a teacher of
poor children in said county,) for the year 1853.
The same was amended.
The report as amended was agreed to. The Bill was read
the third time and passed.
The House took up the report of the Committee on the
bill of the Senate, to define and enlarge the duties of Treas¬
urers of the several counties of this State.
The report was agreed to. The hill was read the third
time and passed.
The House took up the report of the committee on the
bill of the Senate, to alter the tax laws of this State.
The report was agreed to.
The bill was .read the third time and passed.
The House took up the report of the committee on the
bill of the Senate, to alter and amend the laws now existing
in relation to the Supreme Court.
The report was agreed to, the bill was read the third time
and lost.
The House took up the report of the committee on the
bill of the Senate, to amend and interpret an act, approved
March 5th, 1856, relative to the payment of accounts of
teachers of p,oor children.
The same was amended.
The report as amended was agreed to, the bill was read
the third time and passed,
The House took up the report of the committee on the
bill of the Senate, to consolidate the Offices .of Clerk of the
Superior and Inferior Courts of the county of Chattooga.
The report was agreed to, the bill was read the third time
and passed.
Mr. Lumpkin from the committee on enrollment reported
as duly enrolled, and ready for the signature of the Speaker
of the House of Representatives:
An act to reduce the Sheriffs bond in the county of Mil-
ton.
Also, an act to reduce the work on roads in the county of
Wilcox.
Also, an act for the relief of Arthur Haire, of the county
of Cass.
23
434
JOURNAL. OF THE HOUSE.
Also, an act to amend an act to incorporate* tile town of
Camilla! in the county of Mitchell, approved March 3d, 1556,
The following message was received from the Senate by
Mr. West, their Secretary:
Mr. Speaker :—The Senate ha repassed a kill of the House
of Representatives, to be-entitled an act to provide for the
bi-ennial election of the Principal Teacher of the Georgia
Institution for the Deaf ana Dumb, and for other pur¬
poses.
Mr. Lumpkin from the Committee on Enrollment reported
as duly enrolled, and ready for the signature of the Speaker
of the House of Representatives,
An act to attach lots of land No. fifty-four and fifty-five,
in the seventh district of Randolph county to the county of
Clay.
Also, an act to appropriate money to defray the expenzes
of the Georgia Academy for the Blind, and to provide furni¬
ture, apparatus and books for said Academy.
Also, an act to authorize Samnel Irwin of the county of
Clayton, to practice Medicine on the Hydropathic system,
and to charge for the same.
Also, an act to add a part of Montgomery county to Lau¬
rens county.
Mr. Lumpkin from the committee on Enrolment reports
.a£ duly enrolled, signed by the President of the Senate and
ready for the signature of the Speaker of the House of Rep¬
resentatives,
An act to amend an act prescribing the manner in which
the names of persons may be changed, and persons born il¬
legitimate may be made legitimate and to carry into effect
the provision of the Constitution on this subject, also pre¬
scribe the manner in which children maybe adopted, approv¬
ed March 5th, 1856, so as to extend the provisions of the
same to grown persons as we'll.
Also, an act to abolish Senatus Academicus, and for other
purposes.
Also, an act to amend an act entitled an act to carry into
effect the sixth section of the 4th article of the Constitution,
and foy other purposes.
Also, an act to authorize the Governor of this State to
grant certain privileges to the Dalton and Gadsden Railroad
Company.
Also, an act for the distribution of the Estate of Coleman
S. Pringle, and for other purposes.
Also, an act to incorporate the Augusta, Retersburgh and
WEDNESDAY, DECEMBER 14th, 1859. 435
Savannah River Steam and Pole Boat Navigation Company
of Ijlorth Eastern Georgia.
Also, dn act to incorporate the Chestatee River and Town
Creek Hydraulic Hose Mining Company, and for of her pur¬
poses
The House took up the report of1 the committee on the
bill of the Senate, to confer certain privileges on Charles
Green.
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the committee on the
bill of the Senate, to repeal an act to consolidate the Office
of Tax Collector and Receiver of Tax Returns for the coun¬
ty of Harralson, assented to, 11th Dec., 1958.
The report was agreed to, thebill was read the third time
and passed.
The following Message was received from the Senate by
Mri West, their Secretary:
Mr. Speaker:—The Senate have passed
An act for the relief of Mary Frances Newnor of the coun¬
ty of Bibb, andfor other purposes, by a Constitutional ma¬
jority over the veto of His Excellency the Governor, by a
vote of 81 yeas to 6 nays.
The following message was received from His Excellency
the Governor, by Mr. Campbell, his Secretary.
Mr. Speakgr:—lam directed !byHis Excellency the Gov¬
ernor to return to this branch of the General Assembly in
Which it originated:
A bill for the relief of Reuben Cloud of Decatur comity, also
for the relief of Mrs. Nancy Waddail, of the county of Ful¬
ton, accompanied by a communication in writing relating
thereto,.
The House took up the report of the committee on the
bill of the Senate, for the relief of James Karr, Robert Orr,
and EliaS Payne, of the county of Forsyth.
The report was agreed to, the bill Was read the third time
and passed.
The House took up the report of the committee on the
bill of the Senate, to amend an act entitled an act to incogs
orate the Indian Spring Railroad Company, approved J an.
2^ 1852.
The report was agreed tp, the bill was read, the third time
{md passed.
The House took up the report of the committee on the
bill of the Senate, to give Commissioners appointed by the
f3G
JOURNAL OF THE HOUSE.
Inferior Court of Calhoun county to examine teachers, the
poWer to decide upon their qualifications.
The report was agreed to, the bill was read the third tinfo
and passed. *■
The Souse took up the Senate amendments to the gener¬
al appropriation bill, and concurred in each of the same, ex->
cept the one reducing the Compensation of the commission-
err efigaged in codifying the laws of this State.
Mr. Lumpkin from the committee on enrollment reports as
duty enrolled, and ready fotr the signature of the Speaker of
the House of Representatives,
An act to provide for the bi-emlial election of the Princi¬
pal Teacher of the Georgia Institution for the Deaf and
Dumb, and for other purposes.
The House took up the Senate amendments to the follow¬
ing bills of the House and concurred in the same, to-wit :
A bill to incorporate a Mining Company in Carroll coun¬
ty, and in other counties in the State of Georgia.
A bill to confer certain powers updn the Judge of the city
Court of Savannah, and fox other purposes therein mention¬
ed.
A bill to change the time of holding the election for coun¬
ty officers in this State, and for other purposes.
A bill to alter and change the county line between the
eoubties of Glascock and Warren, and to change the resi¬
dence of Richard H. Clarke from the county of Glasscock
to the county of Warren, and to take certain lots of land
therein named, from the county of Macon and *add, them fo
the county of Taylor, and for other purposes.
A bill to empower Ex-Judges of the Superior Conrt to
ffign bills of exceptions in certain cases-
A bill to amend the charter of the town of "Washington
in.Wilkes county.
A Dill to prescribe the time of holding elections for mem¬
bers of the Senate in the Congress of the United States from
the State of Georgia.
A bill to amend the several acts of the General Assembly
relating to the Savannah and> Albany Railroad Company,
and the Savannah Albany and Gulf Railroad Company, and
to auiliorize the said Company to construct branch roads to
klip boundary line between Georgia and Florida.
A bill to change the times of holding the Inferior Courts
nf the counties of Walker and Dade, and to change the times
of holding the Superior Courts of the counties of RichAomd
and Glynn-
The following Message was received from the Senate! by
Mr. West, their Secretary.
WEDNESDAY, DECEMBER 14th, 1859. 437
Mr. Sgealcerto-Z-The Senate have receded from their amend ¬
ment td a bill of the House of Representatives, to be entitled
an act to appropriate money for the support of government
for the political year 1860, and to make certain special ap¬
propriations, and for other purposes, in which the House re¬
fused to concur.
The House adjourned until 3| o'clock, P. M.
3£ O'CLOCK, P. M.
The House met pursuant to adjournment.
Mr. Harden, of Cass offered the following Resolution,
which was taken up, read and agreed to, to-wit:
Resolved, That the Speaker appoint a Committee' of five,
whose duty it shall be to bring up the unfinished business
of the Session, and that the Committee allow them in their
accounts five days for this purpose.
The House took up the report of the Committee on the
bill of the Senate to authorize the Justices of the Inferior
Court of Coffee county, to' levy an extra tax of fifty per
cent for the»durpose of paying for their Jail, and for other
purposes.
The report was agreed to, the Bill was read the third
time and passed.
The H ouse took tip the report of the Committee on the
bill of the Senate to amend an act entitled an act to pro¬
vide for the education of the children of this State, &c.,
so far as relates to the county of Fannin.
The report was agreed to, the Bill was read the third
time and passed.
The House took up the report of the committee Op the
bill of the Senate to alter and amend an act entitled an
act to regulate the granting of retail license, and pie of
spiritous liquors; absented to the 29th December, 1858, so
far as relates to the city of Americus.
The same was postponed indefinitely,
The House took up the report of the Committee on the
bill of the Senate to incorporate the First Presbyterian
Church of the city- of Columbus, and for other purposes.
The report was agreed to, the bill was read the third time
and passed.
433 JOURNAL OF THE HOUSE.
The House took up the report of the Committee on the
bill of the Senate to legalize, the" adjournment of Quitman
Superior Court.
The report Was agreed to.
The bill was read the third time and passed.
The House took up the report of the committee on the
bill of the Senate to provide for the citizens of Decatur
county crossing- Flint River at or near Bainbridge free of
of Ferriage.
The report was agreed to, the Bill was read the third
time dan passed.
The House took up the report of the committee on the
the bill of the Senate to compel Justices of the Peace in
the county of Rabun, to give bond and security, and for
other purposes.
The report was. agreed to.
The bill was read the third time and passed.
The House took up the report of the committee on the
bill to, incorporate the Atlanta Mutual Insurance and Stock
Company.
The report was agreed to, the bill was read the third time
and passed.
The following resolutions of the Senate were taken up,
read and concurred in, to-wit:
A Resolution relative to the appointment of a commit¬
tee to examine and report in regard to the Stat^ University.
A Resolution extending the time for codifying the laws
of Georgia, and for other purposes in connection therewith.
A Resolution requesting his Excellency, the Governor,
to furnish the usual law books to all the newly coectedcoun¬
ties and Militia Districts of this State.
A resolution relative to the appointment by the Govern¬
or of some fit and proper person to adjust and'file and index
the State papers in the capitol, &c.
The House took up the Senate Resolution relative to the
appointment of a commission to visit Europe, and take in¬
to consideration the best means of establishing direct com¬
mercial intercourse between that continent and the cotton
planting States of this Union.
The same was amended.
And upon the question of concurring in the same the
yeas and nays were required to be recorded.
There are yeas 82. There are nays 25.
wednesday, december 14th, issd. 439
Those who voted in the affirmative are Messrs.
Allan,
Anderson,
Barksdale,
Bivins,
Brantley,
Brinsdny
Brown of Sumter, ,
Bruton. of Forsyth,
Cason,
Causey,
Clatk of Elbert
Cock,
Colvard,
Coleman,
Cdnley,
Hook,
Cullens,
Delony,
Eberhart,
Ector,
Fannin of Morgan,
Fannin of TroUp,
Fleming,
Green of Cobb,
Karkness,
Harper of Henry,
Hartfidge,
Henderson of New-
ton?
II olden,
Hopkins,
Horsley,
Howell of Mil'ton,
Hurst,
Hutchins,
Joyner,
Jones of Rabun
Key,
Knowles
Lewis of Greene,
Lewis of Hancock,
Lester,
Lofton,
Lumsden,
Mays,
McCants,
McComb,
MpCrairy, «
McDonald of Lum
kin,
McDonald of Mur¬
ray,
McEver
McWborter,
Mitchell,
Morris,
•Mulling,
Norwood,
Parks,
Perry,
Pileher,
Prescott,
Render,
Richards,
Rozier,
Scott,
'Selman,
fettle,
Sims,
Smith of Twiggs,
Solomons,
Sprayberry,
Sweat,
Tatum,
Taylor,
Thrasher,
Turner*
-Underwood,
Vanovef,
V aughn,
W alton,
Wicker,
Williams of Musco¬
gee.
WilsoU,
Worley,
Those who voted in the Negative are Messrs.
Baugh,
Jllakey, Hicks,
Brewton of Tatnall, Hogans
Daniel, «Holmes,
Dixon, Keeling,
Fain of Gilmer, Kelly,
Gibson of Rich- Knox,
ffiond, MeLendon,
Goodman, Nobles,
Henderson of W'rth,Patton,
Price,
Ragsdale,
Stiiith of Bryan,
Sockwell,
West
Whittle,
Young,
So the same as amended was concurred in.
The committee appointed by the Speaker to bring up the
Unfinished business of fhe present Session ate Messrs.'Har¬
den, Sprayberty, TaplOy, McComb, and Fortner^
The House rPs^utton authorizing the Governor tq pur-
440 JOURNAL OF THE HOUSE.
chase certain books for the use of State House officers
the cohnties of this State, was postponed indefinitely.
Mr. Lumpkin, from the committee pn enrolment reported
as duly enrolled, signed by the President of the Senate, and
ready for the signature of the Speaker of the Hoh^e
Representatives.
An act to add an additional section to an act to appoint
the persons therein named Commissioners of the town df
Preston, &c., assented to December 22d,.1857.
An act to repeal all laws regulating head rights so far as
relates to Franklin county.
Also, an act to authorize the Ordinary of Pike county, to
pay Teachers of poor children for the year 185S, and for
other purposes.
Also, an act to alter and change the common school laws
so far as relates to Walker county.
Also, an act to alter and change the lines between Worth
and Colquitt.
Also, an act for the purpose of attaching a strip of mi sur¬
veyed land, lying between the fourth and sixth districts of
originally Early county, to the county of Early, &<?.
Also, an act to prevent delay in the trial of cases in the
Courts of this State, in consequence of the death of the
parties, to be made under certain circumstances.
Also, an act to legalize the purchase of a tract of land
made by Mrs. Clementina J. Billingslea, administratrix of
James F. Billingslea, deceased, of the county of Greene.
Also, an act to change the time of holding the Superior
and Inferior Court of Gordon county.
Also, an act for the relief of Susan S. B. Godwine, of
Bibb county, and, "William P. Freol, of the county of
,Troup. •
Also, an act for the relief of Luke Paget, his heirs and
Representatives.
A!s0, an, act to prescribe and define the qualifications Of
certain persons in Early county for the office of Ordinary,
and to removq certain disabilities' under existing laws* and
for other purposes.
Also, an act to incorporate the Savannah Lota Associa¬
tion.
Also, an act to give to the Inferior Courts of the differ¬
ent cptuities of this State power te appoint some fit and
proper person to receive apd receipt for tbe amount of mo¬
ney their respective counties may be entitled under an act to
provide for the education of children in this Stqte, &c.
Also, an act to repeal the second section of an act, en¬
titled an act to provide for the education of tbe children of
this State between certain ages, and to provide an annual
sinking fund for the extinguishment of the public debt, so
WEDNESDAY, DECEMBER Ui&t 1859. 441
*'
far as the county of1 Echols is concerned, and for other ■pur¬
poses.
Alsd, an act to regulate the sale and. usp ©f Spirituous
liqOors and intoxicating drinks within the corporate limits
of the town of Elfoertom
Also, an, act to amend an act entitled an act to lay out
arid form a new county out of the counties of Marion and
Sumter, and to organize the same. Assented to December
82d, 485?. Also, to change the County lines.
Also, an act to incorporate the Hebrew congregation Of
the city of Macon.
Also an fret to amend an a£t entitled an act to incorpor¬
ate the town of Dalton, under the name and style of the
city of Dalton, and for other purposes. Approved Dec.
28th, 1853.
Also, an act to require the Ordinary of the county of
Worth, to pay John Everett's account for teaching poor
ehildren of said county in the year 1857 and 4858, aiid, to
authorize the Ordinaries of the Several Counties of this State,
to *pay amounts due Teachers o^ poor children in their
respective counties.
Also, an act to authorize the Justices of the "infetipr1
Court of Lumpkin cpunty, or a majority of them, to levy
bn extra tax for the purpose of repairing the Court House1
Also, an act to authorize the county of Thomas to' aid in
the construction of the South Georgia and Florida Rail
Road.
Also,, an act to pardon John Fundy, of the county of
Gwinnett, now Under the sentence of death for the crime
of mtyder.
Also, an get authorizing the Inferior Court ©f Hancock
County, to compel the hands subject to road duty in*any pnd
district in said county to perform road duty in any adjoining
distficti
Also, an act amendatory of an act providing for the edu¬
cation of the children of this Statq between certain ages,
and provide an annual sinking fund for the extinguish¬
ment of the public debt. Assented to December 11th, 175$,
sp for as the same relates to Hall county.
Also, an act to incorporatp the Furlow Female College, in
die city of Americus, and incorporate Trustees for the
same. * ,
AlsO, an aCt to change thedine between thC counties ot
Whitfield and Catoosa, and for other purposes.
Also, an act to amend an aot entitled an act to incorpor¬
ate the Georgia Whltepath Gold and, Copper Company.
Approved Feb. 18th, 1857, _
Also* an act to reviye *and put in force the 3d ana 4th
sections of an act to incorporate tire iow'u of Lumpkin, in
Stewart eounty. Approved January 17th, 1850, to add an
U2 JOURNAL OF THE HOUSE*
•
additional Section thereto, and to amend the charter of the
city* of I)alt on.
#Afso, an act to authorize the Ordinary of Butts county to
pay Matthew J, Gibson for teaching poor children, in said
countjr, and for other purposes.
The tfpuse took up the report of the committee on the
bill of the Senate, for the relief of John A. Jones and Jack¬
son Vaughn, of the county of Milton.
The report was agreed to, the bill was read ihe third time
and passed.
The House took up the report of the committee on the
bill of the Senate to authorize the Inferior Court of Har-
ralsOn county to levy an extra tax.
The report was agreed to, the bill was read the third
time and passed.
The House took up the report of the committee on the
bill of fhe Senate, to change the county line between the
counties .of DeKalb and Henry.
The report was agreed to, the bill was read the third time
and passed.
The House took Up ihe report of the Committer on the
bill of the Senate to change the line between the counties
Of Elbert and Madison, and for other purposes.
The report was agreed to, the bill was read the third time
and passed.
The House took up the report of the committee on the
bill of the Senate to change the lines between the counties
of Butts and Henry. ,
^Tfre report was agreed to, the bill was read the third
time and passed.
The House took np the report of the committee oil the
bilj of the Senate, to correct and perfect the plat and
grant to lot of land No. 142, 4th district of originally Ap¬
pling, now Pierce county, so far as to change the title to
"Vyilliem instead of Abraham Osteen.
The report Was agreed to, the bill was read the third
time and passed,
Thy House took up the report of the Committee on tire
bill of Ihe Senate, to require certain officers in Emanuel
.county,t° be kept at the bounty site, and for other pur¬
poses.
The report was hgreed to, and the bill read a third time
and paSsed,
Th<1 House took up the report of the conttnittee on, the
bill of flue Senate, to author;ze Stephen Ellis of the coupty
of Qtviupett. to peddle, &c.
The repOrf was agreed to* the Bill waS read the third
tittie cipd passed.
The flouse took up the report of the committee ton tlrq
WEDNESDAY* DECEMBER 14th, 1859. 443
J>m of tlie Senate, to amend an act facilitating Mining opeU-
ations in White cburity, &C.
The report wa§ agreed to/ the Bill was read the third
time and passed.
The House took up the report of tire Committee on the
hill of the Senate, to incorporate the Alabaftia Planters jStehm
Boat Company, and the Oostananla Steamboat Company's
and to grant certain Companies certain powers therein spe¬
cified.
The report was agreed to, the Bill was read the third
time and passed.
The ifouSe took up the report of the Committee on the
hill of the Senate, to amend an act organizing a Volunteer
Battallion in the eity of Savannah, to be called " The Inde¬
pendent Volunteer Battallion of Savannah."
The report was agreed to, the bill was read the third time
and passed*.
The House took up the report of the Committee on the
bill of the Senate, to amend the several acts incorporating
the town of CartersviTle iu Cass county, &e. «
The report was agreed to, the bill wa^ read the third
time and passed.
The bill to pay the Sheriffs of the several counties of this
State for certain services, and for oiher purposes, and
A bill for thb relief of James Brooks, and John H> Johes
of Randolph county and: others* were indefinitely 'post;
poned.
The following Resolutions of the'House were taken up,
read and agreed to, to-wit :
Resolved, by the Senate and House 6f Reprecentaf'ives, in Gen¬
eral Assembly met% That our Senators and Representatives in
Congress fro mf this State he and they are hefeby requested
to use their exertions to have the Stage- line from Cumming'
to Dahlonega So changed as- to run by and through the
town of DaWsbnville, in DaWson County of this State.
Also a resolution reeommending members of this State
in Congress, to endeavor to have established a triweekly mail
route from Albany in Dougherty connty, via Moultrie, Tab
locas and Okilfilco to Quitman in Brooks county, and re¬
questing his Excellency the Governor to forward nopieS of
the foregoing to our Senators and Representatives in TCon-
gms#
Mail Route Resolutions of the House and Senate agreed
to t ^ .
Also a resolution for the establishment of a mail joute
from Hawkinsville to Irwintille, via Abbeyville in Wii-
Cb& county. >
Also to establish a two horse "hack line from Ellij&yi Jas~
per, Pickens county, to Ball Ground, thence to Canton,
^herokeb county.
444
JOURNAL OF THE HOUSE.
Also, to' establish a weekly one horse mail linefrom Spring
Place, to it place known as the Pall (Hound.
Also a Resolution to establish a tri-weekly mail between,
Thomaston, Upson county, and Butler in Taylor county,
and 4' tri-weekly mail from ThomaStoil, DLnc epitoii, via.
Raysvillb. , - e
Also, a resolution to establish a Hi-weekly in ail route
from Harmony Grove, Jackson county, by way of Phi Del¬
ta, Bushville, and county site,, of Banks! Webbs Creek
"and HolTingsworth to Clarkesville, Habersham count}". ,
Also a resolution to establish a tri-weekly mail route from
jDubliii to T.aylorsville in Laurens county.
Als'o a resolution to -reestablish a weekly mail route from
Blackshehr Pierce county via Strickland, BagglyX S|jore to
DoOglass in Coffee county.
Also,a resolution to establish the following nrnii routes,
to®wif; from Little York to Dublin, from Little York to
Boxville, frbrn Boxvill'e to Sugar Creek, and from Seward
via Mount Vernon to Battta Ground.
„ Also a resolution to have changed the mail routes
thrOugh Worth, Irwin, Wilcox, changed from whjut they
are, to what they were before the letting of con hacks in
1859. * ^ ♦
Also, a resolution to establish a daily mailfrOpi Wciesbo-
ro fo Ibonville on the Atlantic and Gulf Rail Bead Ware
bounty, to be carried in two horse hack, and to have the
mail route, from Waresboro Ware county, to Holmes-4
ville Appling county re-established. ,
Also a resolution fo hate the mail service which has late¬
ly been discontinued in Georgia, put it operatiop again by
the Post Master General. , ,
t Miscellaneous resolutions read and agreed to, to vrii i -
A Resolution to pension the surviving soldiers of 1S12 #
1813. ,
A Resolution providing for the distribution of AtftSand
Journals of the present Legislature to the members there¬
of.
' A resolution in reference to the pensioning the surviving
Soldiers of 1812.
A resolution to furnish the county of Clayton with the
acts and Statutes of this State*
" A resolution authorising the Superintendent of the W.
& A. Railroad to retain three hundred dollars to defray
expenses incident to the discharge of duties,
> A resolution to furnish the Clerk- of Superior Court in
Dade .county the eight first volumes of Supreme Court Re¬
ports.
A, resolution to establish a mail route froin Warrenttm
to gene's Bridge via Gibson in Glasscock county, and a
WEDNESDAY, DECEMBER 14th, 1359. 445
tri-weeklv route from Dahlonega Via Cleveland to Clarkes-
ville. *
A rcm'ntion authorizing the Governor to purchase for
the use of the State, 300 copies of Mr. Jas. R, Butts new
map, wr.F: indefinitely postponed.. •
The following House Resolution was taken up read and
agreed to, to-wit:
Whereas, it has been customnry from time immemorial
with ail civil and enlightened nations to honor the memory
of their illustrious and noble dead and,emblazon their deeds
in marble or brass for coming posterity, it is therefore but
right mi l proper for us as Georgians, and the dictates of
patriotism, and a grateful people demand that the life,
memory and character of the illustrious founders of our
great - and growing state should be rescued from the dark¬
ening shade of oblibion; therefore be it'
ResoJvjL That the Governor be authorized and request¬
ed to h ave erected in the capitol yard a handsome, elegant
and appropriate marble monument to the memory of the
illustrious founder of our'State, Gen. James Oglethdrpe, who
Combined in his life and character the great and'noble
qualities of a soldier, scholar, statesman, philanthropist
and christian.
The He use adjourned until 7 o'clock, P. M„
SEVEN O'CLOCK, P. M.
The House met pursuant to adjournment,
And postponed indefinitely the bill to repeal an act enti¬
tled an act to consolidate the office of Clerk of the Superior
and Inferior Courts of the county of Haialson, assented .to
Dec. 22d, 1857, and other purposes.
The following message was received from His .Excellen¬
cy the Governor, by Mr. Campbell, his Secretary, to wit r
Mr* Speaker:—The Governor has "signed 'the following
acts, to wit :
*
An act to reduce the Sheriffs bond of the county of Mil¬
foil.
"An act to add a part of Montgomery county, to the coun¬
ty pt LauienS. • »
An act to amend an act-,' to incorporate the town oi Ca¬
milla in the county of Mitchell, approved March 3d,' 1356.
An acf to attach lots of laud, number fifty-four and fifty
446 JOtJE^AL OH tHE HOHSE,
live, in the seventh District of Randolph county, to the eoun-i
ty of Clay.
An act t6 reduce the work on TOads in the county of
Wilcox.
The House took up the1 report of the committee oil the
bill of the Senate to repeal the 8th section of an act, ap»-
proved Dee. lltfy 18*58, entitled an act to provide for the
education of the children of this State, &p.^sofar as the same
relates po the county of Emanuel.
The report was agreed to, the bill was read the third time
and passed.
The House took Up the report of the committee on the
bill of the Senate to provide compensation for the Petit Ju¬
rors of Mitchell county, and for other purposes*
The Hotuse took np the report of the committee on the bill
of the Senate to require the several Treasurers of the school
districts df the county of Lumpkin, to return the unexpend¬
ed balances .of tbe school funds now in their hajld^ to the
Ordinary of said county, ancl| for other purposee therein
namedj,
The Same was amended.
Tlie report, as amended, whs agreed to, the bill was read
the third time and passed.
The House trook up the repdrt of the ^Committee on the
bill of the Senate to Phange the time of holding the Inferior
Courts of Emanuel county.
The report was agreed to, the bill was read the thud time
and passed.
The House tdok up the report of the committee on the
hill of the Senate to change the line between the counties
of Dougherty and Worth.
The report was agreed1 to, the bill was read the third time
and passed.
The House took up the report pf the Committee on fbte
bill of the Senate to provide compensation to CorPntrs for
burying insPlvent persons.
The report was agreed to, the bill was read the third time
-and passed.
Mr. Lumpkin, from the committee on, enrollment, reported
bs duly enrolled, and ready fpr the signature of the Speaker
of the House of Representatives,
An act to make Justices of the Peace in the several Mili¬
tia Districts in the county of Jasper, ex-officio road and pat¬
rol commissioners.
Alsbj an act fo incorporate the Eatonton and Madison
Railroad,
Alsq, an act for tbe relief of John \y. Cardwell, uf the
county of Mergam and Tomlinson jFoH, of the bounty pf
Baldwin.
WEDNESDAY, DECEMBER'14th, 1859 447
Also, an act to repeal an act amendatory of the tenth sec¬
tion of the tenth division of the Penal Code of Georgia.
Also, an act to amend the road laws of this State, approv¬
ed the nineteenth day of, December, 1818, and to punish
persons for violating the same.
Also, an act to allow and make compensation to the re¬
porter of the Supreme Court, for certain volumes of the de¬
cisions of said court, furnished by him, under the provisions
of the act of 1845.
Also, ah act for the relief of Richard My rick of Pike coun¬
ty- '
Also, an act to incorporate the Eatonton and Madison
Railroad.
Also, an act to authorize the Judges of the Superior
courts of this State to allow Special and Petit Jurors such
refreshments as the presiding Judge may deeni meet and
proper, while said Jury may be engaged in the investiga¬
tion of any cause, and to authorize said Judge to draw his
warrant on tide county Treasurer of the county where such
investigation may be made for the payment of the same and
to compel said county Treasurer to pay the same out of any
funds on hand.
Also an act, to prescribe the duty of the Judge of the
Superior court of the county of Stewart, in relation to Pet¬
it Jurors of said court and for other purposes.
Also, an act, to authorize the Inferior Court of the coun¬
ty of Tatnall to to levy an extra tax for,county purposes
upon the recommendation of the Grand Jury of said county.
Also, an act to change the lines between the counties of
Appling and Coffee so a^ to add Benjamin Thomas of the
county of Coffee, to the county of Appling.
Also, an act to incorporate the Hancock Van Guards and
Infantry company, in the county of Hancock, and also, the
Hancock Troops of Cavalry, of said county, and to incorpo¬
rate the Jackson Rifles, and for other purposes.
Also, an act to amend the Judiciary act of this State, ap¬
proved the 16th day, of Eebruary, 1799, as to require the
several Clerks of the Superior, Inferior and Corporation
Courts of the county of Richmond in this State, to enter all
appeals of causes tried in any of said courts in seperate books
to be provided for that purpose.
The following message was received from the Senate, by
Mr. West, their Secretary.
Mr. Speaker: The Senate have passed the following bills,
of fhe House of Representatives, to wit:
A bill to be entitled an act to_ amend an act, to regulate
toll-bridges, Ferries and Turnpike Roads, approved Dec.
448
JOURNAL OF THE HOUSE,
22d, lSOS, and to prescribe certain penalties for violation of
said act. Also, '
A bill to be entitled an act to alter and amend an act point¬
ing out the mode of collecting a certain description of debts
thetepi mentioned, approved Dec. 19tb, 1818, and to extend
the provisions of the same, so as to embrace corporations,
approved Pee, 11th, 1858, Also,
A bill to be entitled an act to prevent the firing of woods
between the 1st day of May, and the 1st day of February hi
each and every year id the counties of Echols gnd Clinch,
and, for* other purposes. Also,
• A bill to be entitled an act to levy a Tax on all goods,
peddled in this State, or sales "by sample or otherwise by
itinerant drummers or other persons, and for other purpos¬
es, Also,
A bill to be entitled an act, to incorporate the -Gate City-
Guards1 of Atlanta, and to grant certain immunities and
privileges to the same. Also, A
A bill to entitled an act to alter and amend the second
section of an act, approved January* 21st, 1S52, and for oth¬
er purposes therein mentioned. Also,
A bill to be entitled an act to incorporate the towns of
Sylf aniaand Scarborointhe county ofScriven„ and to amend
the charter of the city of Atlanta.
g^The Senate have passed the following bills of the House
of Representatives, with amendments, in which they ask
the concurrence of the House, to wit j
A bill to be entitled an act to incorporate the Owl Town
atad Coosa Creek Mining Company, and for other purposes
thereirfmentioned. Also,
A bilLto be entitled an act to repeal an act entitled an act
to regulate the testimony of Attorneys at Law.
The Senate have concurred in the amendment^ of the
House of Representatives to the following bills, to wit:
A4 bill to be entitled an act, to change the line between
•the counties of Raker and Early, so as to include lot of lanc(
No. S9^, in the seventh district of Raker in the county.of
Early. Also,
A bill to be entitled ah act to provid,e for-election of couh-
ty Treasurer, m the counties of Berrien, Newton, Baker,
Forsyth, Hall, Lulhpkin, Ware, Mitchell, Fannin, Pabld-
ing, Johnson and Marion. Also,
A bill In be entitled an act to authorize the Thomaston
and Barnesville Railroad Company to construct and extend
their Railroad to some point on the Railroad of the Musco¬
gee Railroad company, and to authorize and, emjpo'wbr the
Muscogee Railroad company, by, and with the consent- pf
"WEDNESDAY, DECEMBER 14th, 1859. 449
theTkomaston and Barnesville Railroad company first being
bad thereto, to extend their Railroad from sOme convenient
point on their Railroad to Thomaston in UpsOp county,
and for other purposes herein mentioned. Also,
A bill to be entitled an act to alter,'amend and define an
act to provide for the education of tlie children of this State
between certain ages, assented io, Dec. 11th, 185S, and for
other purposes herein mentioned, so far as relates to the
county of Murray. Also,
A bill to be entitled an to allow the Ordinaries of the
counties of Talbot,'Newton,'Cobb, Columbia and Hart, to
pay certain Teachers for teaching poor children in said coun¬
ties, and for .other purposes. Also,
A,.bill to be entitled an act to compensate the Sherffs of
Jefferson county, for service of subpoenas on Grand and
Petit Jurors of said county, and to reduce the Sheriffs bond
in the counties of Hancock and Mcintosh, and for other pur¬
poses. Also,
A bill to be entitled an act to authorize the Ordinary of
the counties of Whitfield and Dade, to pay Teachers of pOor
children for the year 1859.
And have refused to concur in the amendment of the
House of Representatives to a bill to be entitled an act to
extend the corporate lhhits of the town of Hamilton, Harris
county to create and give additional powers to the corporate
authorities of said town.
The House took up the report of the committee on the
bill of the Senate to incorporate a corps of Infantry in the
town of Jonesboro in the county of Clayton to bte known as
the Clayton Volunteers, and to confer certain privileges on
the same.
The bill was amended.
The amended report was agreed to, the bill was read the
third time and passed.
The House took up the report of the committee on the
bill of the Senate to change the line betwden the counties
of Laurens and Johnson.
The same was withdrawn.
The bill to, further regulate the retail of ardent spirits was
indefinitely postponed.
The House took up the Senate amendments to the bill of
the House to repeal an act to regulate the testimony of At-
tornies at Law, and the bill to incorporate the Owl Town
and Coosa Creek Mining* Company, and for other purposes
therein mentioned and concurred in the same.
The House adhered to their amendment of the Senate
bill to incorporate the town of Llamilton in the county of
Harris.
The House took up the report of the Committee on the
29
450 JOU&NAL OF THE HOUSE,
bill of the Sepate to explain the 10th section of the lot)i
Division of the Penal Code of this State.
The same was amended.
The amended report was agreed to. The Bill was read
the third time and passed as amended.
The House took up the report of the Committee on the
bill of the Senate to alter and amended the law of descents
in cases'of persons who are illegitimate or born out of law¬
ful wedlock, dying intestate.
The report was agreed to. The Bill was read the third
time add passed.
The House took up the report of the Committee on the
bill of the Senate to amend an act entitjed an aet fpr the bet¬
ter protection and security of Orphan^ and their estates, ap¬
proved February 18th, 1799.
The report was agreed to, the bill was read the third
time and passed.
The House took up the report of the committee on the
bill of the Senate to repeal a part of the first section of the
third Article of the Constitution of this State and to insert
a provision in lieu thereof.
The same was amended. #
The amended report was agreed, to, the bill was read the
third time and on the question of its passage, the yeas and
nays were recorded.
There are yeas 76, there are nays 24.
Those who voted in the affirmative are Messrs :
Ector,
Fannin of Morgan,
Fannin of Troup,
Fleming,
Allan,
Anderson,
Barksdale,
Baugh,
Blakey, Gibson of Warren,
Brantley, Green of Cobb,
Brinson, Harper of Henry,
Brown of Sumter, Hartridge,
Brewton of Forsyth,Henderson of Few
Br ewtOn of Tactual, ton,
Cason, Herrington,
Clark of Elbert, H olden,
Cock,
Colv^rd,
Coleman,
Cullens,
Daniel,
Delony,
Dixon,
Eberhart,
Hopkins,
Hurst,
Hutchins,
Joyner,
Key,
Knowles,
Lewis of Greene,
Lewis of Hancock,
Lester,
Lofton,
Lumpkin,
Lumsden,
Mays,
Mc Cants,
McComb,
McCrairy,
McDonald of Mar-
ray,
McEver,
McWfiorter,
Mitchell,
Morris,
Norwood,
Patton,
Perry,
Pilcher,
Prescott,
Bender,
WEDNESDAY, DECEMBER 14th, 1859. 451
Rozier, Tatum, West,
Selman, Taylor, Wicker,
Settle, Turner, Williams
Sims, Underwood, gee,
Smith of Bryan, Vaughn, Wilson,
Sockwell, Walton, Worley,
Sweat,
Those who voted in the negative are Messrs.
of Musco-
Parks,
Price,
Ragsdale,
Holmes,
Jones of Rabun,
Keeling,
Kelly, Sm ith of Coffee,
McDonald of Lump-Tap ley,
kin, Vanover,
McLendon, Whittle,
Young,
Bivins,
Broyles,
Causey,
Fain ojl Gilmer,
Fain of Union,
Fortner
Goodman,
Henderson of WorthNobles,
Hockenhull,
So bill was passed as amended.
The House took up the report of the committee on the
bill of, the Senate to alter andam and the first set ik u of third
Article of the Constitution as to the place or places of the
sitting of the Supreme Court of this State.
The report was agreed to, the bill was read the third
time, and kpon the question of its passage, the ye..,s and nays
were recorded.
There are yeas 58, there are nays 48.
Those who voted in the affirmative are Messrs :
Anderson,
Barksdale,
Brantley,
Brinson,
Brown of Sumter,
Causey, ■
Clark of Elbert,
Colvard,
Coleman,
Delony,
!Dixon,
Eberhart,
Ector,
Fannin of Morgan,
Fannin of Troup,
Fleming,
Harpet, of Henry,
Henderson of New-
ton-,
Henderson of
Worth,
Hartridge,
Hicks,
Holden,
Hopkins,
Howell of Milton,
Hurst,
Kelly,
Key,
Knowles,
Lewis bf Greene,
Lewis of Hancock,
Lofton,
Lumsden,
Mays,
McCants,,
McComb,
McCrairy,
-McWhorter,
Morris,
Mullins,
Norwood,
Patton,
Pilcher,
Prescott,
Render,
Rozier,
Selman,
Settle,
Sims,
Smith of Bryan,
Sweat,
Thrasher,
Turner,
Underwood,
Vaughn,
Waliop,
Wicker,
Williams of Musco¬
gee,
Wilson,
452
JOURNAL OF THE HOUSE,
Those who voted in the negative are Messrs.
Allan, Goodman, McLendon,
Baugh, . Green of Cobb, Mitchell,
Blakey, Herrington, Nobles,
Bivins, Hockenhull, Parks,
Broyles, Hogans, Periy,
Bruton of Forsyth, Holmes, Price,
Brewton of Tatt- Hutchins, Ragsdale,
nail, Joyner, Sockwell,
Cason, Jones of Rabun, Tapley,
Cullens, Keeling, Tatum,
Daniel, Lester, Vanover,
Fain of Gilmer, McDonald of Lump-West,
Fain of Union, kin, "Whittle
Fortner, McDonaldof Mut- Worley,
Gibson of Warren, ray, Young,
The bill not having received a rote of two thirds was
lost.
The House took up the report of the committer on the
"bill of the Senate amendatory of the act of 1S57, entitled an
act to provide against the forfeiture of the several Bank
Charters of this State on account of non-specie payments for
a given time, and for other purposes therein named, ancl de¬
claratory of the true meaning of certain sections of the same.
The bill was amended.
The amended report was agreed to, the Bill was read
the third time and passed as amended.
The House took up the report on the bill of the Housfe to
regulate the Manufactories of this State, and for other pur¬
poses.
Mr. Dixon of Muscogee, moved to amend the saihe by
striking out the words "thirty" minhtes," and inserting in
lieu thereof, the words "forty five minutes;" Also by add¬
ing llie following additional sections,* to wit;
Be it farther enacted, That whenever any operative or op¬
eratives in the manufactories of this State, desire to leave
the establishment, whdfe said operative or operatives are
laboring, and having left, demand a certificate or certificates
of competency and capacity as to the character or charac¬
ters of said operative or operatives, for performing labor in
manufacturing establishments, and, the same is denied by
by the owners or proprietors of said manufactory, Whereby
the said opeiwtives are thrown but of employment, or com¬
pelled to remain in the manufactory, where he, shb or they
were employed apd from which, he, she or they,-demanded
said certificate'at a less sum for wages than could be obtain¬
ed from any ' other manufactory, then, and in that event,,
said operative or operatives shall have a remedy, to wit
WEDNESDAY, DECEMBER 14th, 1859. 453
said operative or operatives may, by petition as in action
fot debt in any Justices Court Inferior or Smperiqr Court of
the eouilty which has jurisdiction of the territory wherein
said manufactory or manufactories is, or are located setting
forth the fact or facts of Ms, her or their case or Cases, and
upon proof of the same shall have judgment for such dama¬
ges as the Court or the Court and jury may adjudge, Pro¬
vided, it shall fully appear to the satisfaction of said Court
and Jury, that said operative has borne a good charcterfor
honesty, sobriety, industry and capacity, and that said cer¬
tificate is withheld captiously, and for the injury of said op¬
erative.
Any Superintendent of a Factory who fails to allow the
operative or operatives, the time for meals allowed in this
bill may be jndictej as for a misdemegner, and oh convic¬
tion thereof shall be fined in a sum not less than ten nor
more than twenty five Dollars for each offence.
The amendments were agreed to.
The report as amended, was agreed to, the bill was read
the third time and passed.
Mr. Lumpkin from the committee on enrollment reported
as duly enrolled and ready for the signature of the Speaker
of the House of Representatives,
An acjfc to protect the possessions of lands of actual resi¬
dents of the county of Charlton.
Also an act to incorporate the Georgia Hussar a Volunteer
Military Corps pf Savannah.
Also an act authorize the Mayor of the city of St. Marys
to hold Special Qourts for the summary trial, any dispute pi-
difference between any ship master, owner, consignee or
supercargo of any vessel, articled seaman or other person, in
the corporate limits of said city.
Also, an act to regulate the fees of Jurors in Ju stiles
courts in" the county of Catoosa and Dade.
Also an act to abolish the public execution of criminals
condemned to death by the Laws of Georgia upon certain
conditions, and to provide for their execution in private.
Also, an act to Incorporate a Volunteer Cavalry compa¬
ny, in the county pf Floyd known as the Floyd Cavalry.
Also an act, to change the lines between the counties of
Coweta and Heard and to add lot of land number 84, in
Fayette .county to the county of Clayton.
Also, am act to require securities and endorsers, when
they give notice, to do so in writing. ' .
Also an act to authorize the Inferior Court of Schley
bounty to levy a"n extra tax for county purposes.
Also', an hct for the relief of J ames M. J ones, of the coun¬
ty of Bibb, Executor of the last will and testament of James
S. Bealle, late of Dooly county, deceased, and for other piuv
poses therein mentioned.
454
JOURNAL OF THE HOUSE,
Also, fm act to incorporate the town of Blackshear in
Pierce county, and to confer upon the citizens of said town
the privilege of electing commissioners, and for other pur¬
poses.
The House resumed the consolidation of the hills on the
subject < 4'free persons of color in this State, the question
recurring upon the Senate bill previously adopted as a sub¬
stitute.
The report having been agreed to, the yeas and nays
were required to be recorded.
There are yeas 50. There are nays 42.
Those who voted in the affirmative are Messrs.
Allen. Harper of Henry, McComb,
Anderson, Hartridge, McDonald of Lump-
Barksdale, Henderson of New- kin,
Bivins, ton, Morris,
Brantley, Henderson of Mullens,
Brinson, Worth, Nobles,
Brown of Sumter, Herrington, Perry,
Clark of Elbert, Hogans, Render,
Coqk, H olden, . Rozier,
Colvard, Hopkins, Selman,
Cullens Howell of Milton, Settle,
Delony, Keeling Sims,
Dixon, Key, Sweat,
Fain of G ilmer, Lewis of Greene, Thrasher,
Fannin of Morgan, Lumpkin, Turner,
Fortner, Lumsden, Walton
Goodinan, Mays Young,
Gregie of Cobb, McCants,
Those who voted in the negative are Messrs:
Baugli, Holmes, Price,
Blakey, Hurst, Ragsdale,
Brovles, Hutchins, Sockwell,
Bruton of Forsyth, Joyner, Tapley,
Brewtoi; of Tatt- Jones of Rabun, Tatum,
nfdl» Kelly, * Underwood,
Causey, Lester, Vanover,
Coleman, McDonald of Mur- Vaughn,
Daniel, ray, West,
Eberhart, _ McEver Whittle.
Fdin of Union, McLepdon, Wicker,
Fannin of Troup,i. McWhorter, Williaips'of Musco-
Fleming, Mitchell, gee,
Gibson 'of Warren,Parks,, Wilson,
Hockenliull, Pilcher, Worley,
WEDNESDAY, DECEMBER 14TH, 1859. 455
So the hill was passed.
Leave of absence was granted Messrs. Coleman and Wilson
of Columbia, after Thursday next on special business, and to
Mr. Anderson, of Bibb for to-morrow.
The House took up the report of the Committee on the
bill of the Senate to prevent the practice of peddling and
itinerant trading &c., in this State.
The same was amended.
The previous question was called and seconded, cutting
-Off other amendments.
The main question was then put, to wit 3 the question
of agreeing to the report of the committee as amended.'
The report was agreed to.
Upon the question of the passage of the bill the yeas and
nays were recorded.
There are yeas 47. There are nays 48.
Those who voted in the affirmative are Messrs.
Anderson,
Barksdale,
Brinson,
Brown of Sumter,
Causey,1
Clark of Elbert,
Colvard,
Fannin of Morgan,
Fanrlin of Troup,
Gibson of Warren,
Harper of Henry,
Henderson of New
ton,
Herrington,
Hicks,
Holdfen,
Holmes,
Howell of Milton,
Kefly,
Lewis of Greene,
Lewis of Hancock,
Lester.
Lumpkin,
Lumsden,
McCants,
McComb,
McCrairy,
-McWhorter,
Mullens,
Norwood,
Patton,
Perry,
Pilcher,
Render,
Rozier,
Selman,
Settle,
Sims,
Sweat,
Thrasher,
Turner,
Underwood,
Yanover,
Walton
Whittle
Wicker,
Williams of Museo-
Wilson,
Those who voted in the negative are Messrs :
Allan,
Baugh,
Blakey,
Bivins,
Broyles,
Delony,
Dixon,
Eberhart,
Ector,
pain of Gilmer.
Bruton of Forsyth, Fain of Union,
Brewton of Tatt- Fleming,
nail, Fortner,
Cock, Green of Cobb,
Cullens, Hardin,
Daniel, Hartridge,
Hendprson of
Worth,
Hockenhull,
Hopkins,
Hurst,
Hutchins,
, Joyner,
Jones of Rabun,
Keeling,
McDonald of Lump-
, kin.
4-56
JOURNAL OF THE HOtTSE,
McDopald of Mur- Nobles, Tapley,
ray, Parks, Tatum,
Mays, ■ Price, Vaughn,
McEver, Ragsdale, West,
McLendOn, Smith of Bryan, Worley.
Mitchell, Smith of Coffee, Young,
Morris, Sockwe-11,
So the hill was lost.
The House took up and concurred in the Senate amend¬
ment to the House amendment of the Senate bill to com¬
pel all persons non-residents of the county of Wayne, own¬
ing, penning and grazing stock cattle in said county to re¬
turn and pay tax on the same in said county.
The following message was received from the Seaate ly
Mr. West their Secretary :
Mr. Speaker : The Senate have passed the following
Bills, of the House of Representatives, to wit :
A bill to be entitled an act to amend an act incorporating
the Madison Presbyterian Church, so far as- relares to the
filling thb vacancies of Trustees, assented to the 7th of Dee,,
1857.
Also, a bill to be entitled an act to incorporate the Balti¬
more and Savannah Steamship Company.
Also, a bill to be entitled an act to authorize the Justices
of the Inferior CJourt of Sumter county, to levy an extra tax
for county purposes.
Also, a "bill to be entitled an act to incorporate the Geor¬
gia Grays of the city of Columbus, and to extend to them
certain privileges.
Also, a Rill to be entitled an act to regulate the sale* of
spirituous liquors in the county of Stewart, and for other
purposes.
Also, a bill to be entitled an act for the relief of Wilson
W. Poe of the county of Early.
Also, a bill to be entitled an act for the relief of Sterling
S. Jenkins of th4 county of Merriwetlier.
Also, a bill to be entitled an act to amend an act entitled
an act to amend the Road Laws of this State, so far as re¬
lates to the county of Coffee,* approved 1st of March, 1S56,
so as to apply the provisibns of said act to the county of
Clinch.
Also, a bill- to be 'Untitled an act to incorporate the Rich¬
mond Fire Company No. 7, and for of her purposes.
Also, a bill to be entitled an act to alter and amend the
charter of the Gulf and Atlantic Railroad Company, and ta
locate the West end of said road.
WEDNESDAY, DECEMBER 14th, 1S59. 457
Also, a bill to be entitled . an act for the relief of D. Ml.
and G. W. Smith, and their securities from a certain bond,
and fol other purposes.
Also, a bill to be entitled an act to authorize the Mayor
and Council of the city of Macon to lease a portion of the
public reserve lying below said city, to be used as a brick
yard, and for other purposes therein mentioned.
Also, a bill to be entitled an act to change the name of
the Southern Central Agricultural Society to that of the
State Agricultural Society of Georgia, and for other pur¬
poses.
Also, a bill to be entitled an act to consolidate the offices
of Clerk of Superior and Inferior Court in the county of
Quitman,
Also, a bill to be entitled an Act to amend an Act entitled
an Act to change certain county lines therein mentioned,
approved March the first 1856.
Also, a bill to be entitled an act for the relief of William
M. Bryan of Fayette county.
The following bills of the Senate were read the second
time and committed for the third reading, to-wit:
A bill to change the line between the counties of Madi¬
son and Jackson, between the counties of Floyd and Polk,
between Macon and Taylor, Wilcox and Pulaski, be¬
tween Sumter and Macon, between Merriwether and Cowe¬
ta, .and to amend the caption of an act, assented to, 11th
Dec., 1858, to change the line between the counties of Ware
and Pierce, and other counties therein mentioned, and lor
other purposes. "
A bill for the relief of Samuel Webb of Early county.
A bill to provide for the payment of the person appointed
by the Judges of the Superior Courts of the counties of
Burke, Banks, Chatham, Columbia and Floyd to take down
testimony on the trials of criminal cases in said counties.
A bill to compensate the Tax Receiver of Marion county
for services rendered.
A bill to amend an act of 1835 incorporating the town of
LaFayette of Walker corfnty, and for other purposes.
A bill to repeal the 5th section of an act to change and
fix the time of holding the Superior Court of the counties of
Lumpkin, and to authorize the drawing and summoning of
Grand and'Petit Jurors for said county, approved 11th De¬
cember 1858, and to add the county of Lumpkin to the West¬
ern Circuit, and to authorize th(e holding of said Courts on the
4th Monday in March and September.
A bill to allow Mathew Cook of the county of Walker, -to
peddle without paying tax for the.same.
A bill to authorize the Ordinary of DeKalb county to pay
4-5 § JOURNAL, OF THE HOUSE,
Gf W. Latham for. teaching poor children in said county of
DeEalb.
A "bill to incorporate"the town of Homer in the county of
Banks "and appoint Commissioners fop the same, and for oth¬
er purposes therein specified.
A bill to authorize the Governor of this State to cause to
be established at some accessible and convenient place in
this State, a State foundry, and for other purposes therein
mentioned.
A bill to exempt practicing physicians in the county of
Jefferson from Jury duty.
A bill to incorporate the Columbus and Whiteville Rail¬
road Company.
A bill to authorize Alexander R. Leonard, Guardian of
Michael W. Harvey, to pay over to the said ward the whole
or any part of the estate of said Mhchael TV. Harvey in the
hands of said Alexander R. Leonard.
A bill to repeal an act of 1S53 and 1854, so far the coyntj
of Decatur is concerned.
A bill tQ prescribe the mode of laying out private ways,
and for other purposes, so far as relates to the county of
Henry.
A Hill to authorize George Underwood of th,e county of
Glasscock, to pay over to, and settle with Wm. TV. Thomp¬
son, a minor his ward, and for other purposes.
A bill to amend the 33d section of the Judiciary act Of
1799, in relation to the advertisement of Sheriffs sales.
A bill to prevent free negroes from beingbrotight or com¬
ing into the State of Goorgia.
A bill to further amend aniact to incorporate the Trustees'
of the Southern Botanic Medical College, assented to 11th
Dec. 1839.
A bill to authorize the Inferiqr Court of the connty of
Lumpkin, to lay a tax for certain purposes therein men¬
tioned.
A bill to incorporate the Ben Hill Academy in the coun¬
ty of Emanuel, and to appoint Trustees for the same.
A bill to amend an act limitating the time in which suite
in the Courts of law in this State, must be brought* and also
limiting the time in which indictments are to be found and
prosecuted, and for other purposes therein mentioned, ap¬
proved March 6th, 1856,
A bill to make valid pertain sales of re&l estate .heretofore
made by Executors, Administrators and Guardians of this
State,
A bill to incorporate the Georgia Internal Improvement
Association.
A bill to consolidate and amend the several acts incor¬
porating the town pf Cartersvilie in the county of Cass.
A bill to incorporate 'tfye town of Summerville in the
THURSDAY, DEQEMBER 1£th, 1859. 459
county of Emanuel* and appoint Commissioners for the saipe
with powers to regulate the same* for the "benefit of the
school within said corporate limits.
A bill to repeal so much of the 1st section of an act enti¬
tled an act to appoint county Treasurers^ and define their
duties, approved Dee. 24th, 1825, as relates to the appoint¬
ment of said officers by the Justices of the Inferior Court
of the State, and to authorize their election by the people so
fan as relates to the counties of Forsyth, Newton, Hall and
Baker.
A bill to incorporate the town of Bainbridge and to grant
certain privileges to the same.
^ A bill to compel persons owning one thousand or more
acre»of land in certain portions of Montgomery and Telfair
counties, also in the counties of Wayne, Camden, Wilcox and
Dooly, to give ill and pay taxes on the samS in said coun¬
ties.
A bill to change the lines between the counties of Camp¬
bell and Coweta, and between the counties of Taylor and
Schley, and for other purposes.
A bill to amend the charter of the Ellijay Railroad Com¬
pany, and for othhr purposes.
A bill to compensate the Jenner Medical Society of Ogle¬
thorpe Medical College at Savannah.
A bill to incorporate the Calhoun and Railroad Company
and to grant certain privileges and powers to said Compa¬
ny.
A bill to alter and amehd an act to submit the question of
the removal of the county site of Montgomery county'
t«t the voters of said county, and for carrying out the will of
the rnajority, assented to, Dec. 21st, 1857.
A bill to recognize under certain circumstances the boun¬
dary line between the States of Georgia and Florida, as the
permanent boundary affirming titles to land on either side
of the line, and directing criminal prosecution in Georgia
to be noil' prosequi.
A bill to alter and amend an act to provide for the Educa¬
tion of the children of this State, between certain# age and
to provide an annual sinking fund for the extinguishment
of the public debt, assented to 11th Dec., 1858.
T^he House adjourned until o'clock, A. M. to-morrow.
THURSDAY, DECEMBER 15th, 1859.
The House met pursuant to adjournment.
And on motion of Mr. Fannin, of Troup, reconsidered so
much of the Jo-urpaf of yesterday as relates to the passage
460
JOUBNAL ,OF THE HOLtSE,
of the hill of the Senate relative to free persons of color in
this State. 1
On motion of Mr. Williafns, of Muscogee, so much of
the Journal of yesterday was reconsidered as relates to the
rejection of the bill' of the Senate to alter and amend the'
1st, section of the 3d Article of the Constitution, as to plaee
cy places of the sitting of the Supreme Court of this State.
On motion of,Mr. Lewis, of Greene, so rnUeh of the
Journal of yesterday was reconsidered, a,s relates to the
passage of the bill to repeal an act consolidating the offices^
of-Clerk of the Superior and Inferior Courts of the county
of Harralson.
'The^same Was taken up and passed.
»On motion of Mr. Lewis, of Hancock, 200 copies ofthe
bill on the subject of the voluntary enslavement of free
persons of color in this State, were ordered to be printed
for the use of the House.
Mr. Hartridge offered the following resolution, which
was taken up, read, and agreed to, t^-wit:
» •
Resolved, That the Clerk of this Housg preserve the un¬
finished business of. the House in the order in which if
stands at the close of the present session, so that it maybe
taken, up continuously at the beghmihg of the next session,
should the House, at that time soT direct.
The House took up the report of the Committee on the
bill of t.he Senate to change the lines between the counties
of Madison and Jackson, and for other purposes.
The same was amended. The amended report was^
-agreed to. The bill was read the third time and passed.
The Housp took up the report of the committee on the
bill,of the Senate fo compensate the Tax Beceiver of Mar
riop county for services rendered.
»The report was agreed to, the bill was read the third,
time; aijd passed.
The House took up the report of the committer on the
bill of tl\e Senate fo authorize the Ordinary of DeKalh
county to pay G-. W. Lathram for teaching poor children,
in said county.
The report was agreed to, the bill was read the third time
and passed.
The H ouse took up the report of the committee on the
bill of the Senate to incorporate the town of Bainbridge,
and to grant certain privileges to the same.
The report was agreed to.
The bill .was read the third time and passed.
The House took Up the ^report of the committee on the
bill of the Senate to incorporate the town of Homer, in
the county of Ban^s, hnd for .other purposes.
THURSDAY, DECEMBER 15th* 1859. 401
The report was agreed to. -Thp bill was read the third
time and passed.
The House took up the report of the committee on ihe
bill of the Senate to provide for the payment of the person
appointed by the Judges of the Superior_ Courts of the
counties of Burke, Banks, Chatham, Columbia and Floyd,
to take down testimony in the trial- of criminal causes in
said Courts.
The Report was agreed to. The b.ill was read thfe third
time and passed.
The House took up, the report of the committee on the
,bill 6f the Senate to repeal the 5th section of an act to
change the time of holding the Superior Court! of'the
county of Lumpkin, &*c., &e.
The report was agreed to. The bill was read the third
time and passed.
The House took up the report of the committee on the
bill of the Senate to incorporate the Georgia Internal Im¬
provement Association.
The report was agreed to. The bill was read the third
time and passed^
The following bills of the Senate were taken up, the re¬
ports thereon were agreed to, the bills read the third time
and passed, to-wit:
A bill to further amend an act entitled an act to'incor¬
porate the Trustees of the Southern Botanic Medical Col¬
lege ; Assented to 11th Dec., 1839.
A bill to prescribe the mode of laying out private ways,
and for othqr purposes, so far as relates to the county of
Henry.
A bill to consolidate apd amend the several acts' incor¬
porating the town pf Cartersvitle, in the co.unty of Cass.
A bill to incorporate the Columbus and Whiteville Rail
Road Company.
A bill to incorporate the Ben Hill Academy, of Emanu¬
el county, and to appoint Trustees for the same.
A bill to authorize the Inferior Court, of the count/ of
Lumpkin, to levy a tax for certain purposes therein men¬
tioned.
A bill to repeal ^n act of 1853, and to esfablisfy and make
uniform the rates of ferriage, -&c., so far as the county of
Decatur is concefned.
A bill to authorize the Governor of this State to cause
to be established at some 'convenient and acceptable place
in this State, a foundry,'and for other purposes.
A bill to alter and amend an act entitled an^ act to sub¬
mit' the question of the removal of the county site of Mont¬
gomery county, to the voters of laid county, &c.
"bill to repeal so much of the 1st section pf an aot to
462 JOURNAL OF THE HOUSE
appoint cOunty Treasurers, and define their duties; ap¬
proved Dec. 24th, 1S25, as relates to the appointment of
the same by the Justices of the Inferior Court of the State
and to authorize their election by the people, so far ks re¬
lates to the. counties of Forsyth, Newton, Hall and Baker.
A bill to incorporate the Jenndr Medical College atSar
vannah.,
A bill'to incorporate the town of Sumnerville* in the
county of Emanuel.
A bill to recognize, under certain circumstances the
boundry line between the States of Georgia and Florida, as
the permanent boundry, &c., &c.
A bill to amend the charter of the Ellijay Rail Read
Company, and for other purposes.
A bill to amend an act limiting the time in which suits in
the Courts of law in this State must be brought, and also
limiting the time in which indictments are to be found and
prosecuted in certain cases, and for other purposes therein
mentioned ; approved March 6th, 1856.
The House took up the report of the Committee on the
bill of the Senate to change the liife between the c. unties
of Campbell and Coweta, and* between the counties of Tay¬
lor and Schley, and for other purposes,
The same was amended,
The amended report was agreed to, the bill was read the
third time and passed.
The following Message was received from the Senate by
Mr. West their Secretary.
Mr. Speaker.—The Senate have passed the following bills
of the House of Representatives, to-wit:
A bill to be entitled an act to incorporate the Quitman
Guards, and the Delljiigh Ranger^, and to grant them certain
powers, and exempt them from the duties therein named.
Also, a bill to be entitled an act, to change the county
lipe between the counties of Ware and Pierce.
Also, a bill to be entitled an act t© incorporate the board
of Trustees of the Mount Vernon Association of Baptist
Churches appointed by said Association, for the government
and management of Mount Vernon Institute at Readville,
in thp county of Washington, in this State, to confer tipon
said Bokrd certain powers and privileges to incorporate the
town of Readville, and for other purposes.
Also, a bill to be entitled an act to incorporate the Indian
Qreek Baptist Church, in the county of Franklin, and to ap¬
point Trustees for the same.
Also, a bill to be entitled an act to authorize the Ordin¬
ary of Baldwin county to pay over to Sarah M. Candler
the sum of two hundred and fhree1 dollars, and ninety cents
for teaching poor children in said county, and al *o to au¬
thorize him to pay to L. Carrington thirty one dollars and
THURSDAY, DECEMBER 15th, 1859. 463
sixty-six cents, balance due him for teaching poor children
in said county for the year 1858.
Also, a bill to be entitled an act, adding an additional sec¬
tion to an act passed incorporating the town of Athens, in
the county of Clarke.
Also, a bill to be entitled an act to prevent the killing of
Deer in the county of Screven.
Also^abill to 1m entitled an act to incorporate the Cor¬
don Grove No. 1, United ancient order of Druids (W. A. 0.
D), located, and working in Savannah. The objects and
principles of the order being the diffusion of Social and In¬
tellectual Intercourse among its members, and the estab¬
lishment of a system of philanthropy and benevolence, by
providing for the sick and distressed, and the interment of
its deceased members, and the support of the widow and
orphan.
Also, a bill to be. entitled an act, to erect the monument
of Governor Jared Irwin, in the town of Sandersville.
Also, a bill to be entitled an act to incorporate the Macon
Guards, to authorize the Governor t6 furnish them with
arms and accoutrements, and to grant certain immunities
and privileges to the same.
Also, a bill to be-entitled an act^to authorize the Ju'stices
of the Inferior Court of Gilmer county to levy and collect
<a,n extra tax for the purpose of paying the county debt,
created by building their Court House.
Also, a bill to be entitled an act, to incorporate the Relief
Fire Company number two (No. 2) in the town of Athens,
and to extend to it certain privileges.
Also, a bill to be entitled an act to incorporate the Law
school of Joseph H. Lumpkin, Thos. R. R. Cobb and Wil¬
liam H. Hall, in the town of Athens, and for other purposes.
Also, a bill to be entitled an act to exempt from taxation
one acre of land, in the county of Montgomery, appointed
as the burial place of George M. Troup, deceased, and to
constitute the Justices of the Inferior Coutt of said county
for the protection thereof.
Also, a bill to be entitled an act to change the lines be¬
tween the counties of Thomas and Mitchell, so as to include
the residence of E. H. Taylor* of the county of Thomas,
within the county of Mitchell.
Also, a bill to be entitled an act to to alter and amend
the third section of the first article, and the second section
of the second article of the Constitution of the State of
Georgia, by striking out the word "Monday" where it ap-»
pears in each of said sections, and inserting in lieu thereof
the word " Wednesday," and inserting also in the said third
section the Words "House of Representatives" and " Mem
bers of Congress" after the word Senate.
464 JOURNAL OF THE HOUSE.
The Senate Lave also passed the following hills of tie
House of Representative, with amendments in which they
ask the concurrence of the House, to wit:
A hill to be entitled an act to add a part of the county
of Gilmer to the county of Fannin, and to change the
lines between the counties of Troup and Merriwether, and
Troup and Harris, and for other purposes therein mention-
Also, a bill to be entitled an act to incorporate the Mutu¬
al Building and Loan Association of Columbus,
Also, a bill to be entitled an act to amend the Charter of
the American Atlantic Screw Steam Ship Company, grant¬
ed J9th December, 1S57, and to allow an increase of capi¬
tal stock of said Company.
Also, a bill to be entitled an act to consolidate the of¬
fices of Clerk of the Superior and Inferior Courts of the
counties of Hall and Dade.
Also, a bill to be entitled an act to change the lines be¬
tween the counties of Irwin and Berrien, and also between
the counties of Macon and Dooly.
Also, a bill to be entitled an act to amend an act, entitled
an act, authorizing the arrest by the Marshal of "Sparta
without warrants, and the confinement in the common jail
of the county of Hancock, of all persons violating the laws
passed by the commissioners of said village against drunk¬
enness and other gross and immoral conduct in said village,
and for other purposes. Assented to December the 11th,
1658.
Also, a bill to be entitled an act, to amend the incorpora¬
tion of the Savannah Volunteer Guards, ol the city of
Savannah.
The Senate have also concurred in a resolution of the
House of Representatives, in relation to the pardon of Thos.
C. Whitworth of the county of Chattooga, now under sen¬
tence of death for the crime of murder.
And under the joint resolution to appoint a committee to
examine the Code of Georgia now in preparation, and re¬
port thereon at the next session of the General Assembly,
the Senate have appointed Messrs. Lawton of Chatham,
Holt of Muscogee, Printup of Floyd, Sturgis of Burke and
Harris of Worth as that committee on the part of the Sen¬
ate.
Mr. Lumpkin from the committee on enrollment reported
as duly enrolled, signed by the President of the Senate aud
readyjor the signature of the Speaker of the House of Rep¬
resentatives :
A resolution ordering Law Books to be furnished to cer¬
tain Militia District^.
THURSDAY, DECEMBER 15th, 1859. 4C5
Also, a resolution concerning tlie mail route in Murray
cpunty^ &c.
Also, a resolution concerning mail route in "Worth, Irwin
and Wilcox counties.
Also, a resolution about the mail route to Armory Grovet
Also, a resolution about mail routes in Dublin.
Al-so, a resolution about the General mail services.
Also, a resolution to have mail routes established.
Also, a resolution about the State University.
Alsd. <a Resolution about a "mail route td Bla<?ksheare.
Air, Lumpkin from the committee on enrollment report¬
ed as duly enrolled and ready for the signature of the Speaks
er of the House of Representatives :
An act to incorporate the 4i Lumpkin Law School"' in the
town of AthenS, Georgia.
Also, an act to incorporate the Relief Fire -Company
2, in the town of Athens. Georgia.
Also/p-an act adding an additional section to the act in¬
corporating the town of Athens, Georgia.
Mr. I\ey from the committee on enrollment reported, as
<luly enrolled, signed by the President of the Senate and
ready for the signature of the. Speaker of the House of Rep¬
resentatives,
An act to change the eighteenth section of the Itth divis¬
ion of the Renal Code of this State. *
Also, an act to alter,"change and define the line betweeri
Early and'Clay counties.
Also, an act to alter .and change the times of holding the
Superior Courts of the counties of Wilcox, Telfair, Irwin,
Berrien and Glynn, and the Inferior Courts of Wilcox coun¬
ty, and for other purposes. '
Also, an act in reference to granting divorces, approved
Dec. 5th, 1806,
Also, an act fo .repeal the second section of an act enti¬
tled an act to repeal the 19tli section of an aqt, incorpora¬
ting a Bank in the city of Atlanta called the Fulton Bank,
and for other purposes.
Also, an act to require the Ordinary of Worth county to
pay tuition of poor children of said county.
Also, an act to extend the civil Jurisdiction! of Justices of
Peace in that part of Chatham county including the city of
Savannalr.
Also, an act to confer certain privileges on Charlds
Greene.
Also, an act to declare the meaning and intention of an,
act amended exempting from levy and sale under execution
certain property therein named.
30
JOURNAL OF THE HQtJSE,
Also, an a6t to incorporate the Southern Rights Guards
inHoustoh county, and for other purposes.
Also, an act to provide for the distribution and disburse-
xnent of the common school fund, of the counties of Gilmef
and Lumpkin, and for other purposes therein mentioned.
Also, an aet to incorporate the Georgia and Alabama Rail¬
road, ahd for other purposes.
Also, ari act to repeal an act to consolidate the office ef
Tax Collector and Receiver of Tax Returns, for the county
of IJarralson.
Also, an act for the relief of James Kany Robert Orr, and
Elias Rayrle of Forsyth county.
Also, an act for1 the relief of John Turner and William
Stoll of Gilmer county, and for other purposes.
Also an act to amend an aet entitled an act to incorpo¬
rate the Indian Springs Rail Road Company, approved
Jah. 22nd 18-52.
Also an act to enlarge and define the duties ofTreasurers
of the several Counties of this State.
Also an act to consolidate the offices of clerk of Inferior
and Superior Courts in the County of Chattooga.
Also an act for the relief of William S, Rackley and Eli¬
za A. Rackley formerly Eliza A. Brag veil of Decatur and
for other purposes.
Also an act to authorize the Justices of the Inferior Court
cif Goffee County to levy an extra tax of fifty per cent and
for other purposes.
Also an act to declare the true intent and meaning of the
twentieth section of an act entitled an act to carry into ef¬
fect the amended constitution relating to Ordinaires and for
Other purposes.
Also ah act to amend the charter of the South Western
Rail Road company and to authorize an increase Capital
stock of said company and to incorporate the Enterprise
Rail Road company and confer certain powers and privileges,
and for other purposes.
Also an act to provide for the citizens of Decatur county
crossing Flint River at or near Bainbridge free of Ferriage.
Also an act to give the commissioners appointed by the
Jnferior Court of Calhoun County power to examine teach¬
ers as to their qualifications.
Also an act to legalize the adjournment of Quitman Supe¬
rior Court.
jrisd au act to alter the tax Laws of this State.
Also ah act to incorporate the In&urapce company of
Hawkiu^vijle Georgia.
Also au act to amdnd an act entitled au act to provide for
the Education of thejchildrhn ofthis State in Fannin County,
and for other purposes.
THURSDAY, DECEMBER 15tbw 1859. 467
Also an act to authorize the Inferior Court of Haralsofi.
County to levy an extra tax. '
Also an act to incorporate the first Presbyterian Church, of
the city of Columbus, and the. St, LukeMethodist Episcopal
Church South, of the city of Columbus, and the St. Paul
Methodist Episcopal Church South, of the city of Colum¬
bus. and for other purposes therein named.
Also, an act for the relief of John A, Jones and Jackson
Vaughn,, of the county of Miilton.
Also an act to change the time of holding the Inferior
Court, of Emanuel county.
Also an act to change the line between DeKalb and Hen¬
ry counties.
Also an act to require the offices in Emanuel county to
be kept at the county site. ,
The House took up the report of the Committee on
the bill of the Senate to incorporate the Calhoun and Rome
Rail Road Company, and. to grant certain powers and privi¬
leged to the same.
The report was agreed to, the bill was read the third
time, and on the question of its passage, the yeas and nays
were required to be recorded.
There are yeas 54; There are nays 39.
Those who voted in the affirmative, are Messrs :
l
Allan, Heath, Perry,
Barksdale Hogans Prescott,
Bivena, Holmes, Price *
Brantley, Horsley, Render,t
Brinson, Hutchins, Selman,
Brown of Houston, Kelly, Settle,
Causey, Key, Sims,
Cock, Lewis of Greene, Smith of Bryan,
Coleman, Lewis of Hancock, Smith of Coffee,
Delony, Loften, Sockwell,
Rain of Gilmer, Lumpkin, Sweat,
EannLi of Troup, Lumsden, Tapley,
Eortmr, McComb, Tatum,
Gibson of Rich- McCrairy, Taylor,
moud, McWhorter, Thrasher,
Gibson of Warren, .Menus, Turner,
Goodi lan, 'Mullens Underwood,
Harper of Henry, Kobles, Whittle,
Hartrldge
Those who voted in the- negative are Messrs.
Baugh, Broyles Cason,
Blakey, Brewton of Tatt-Colvard,
Brown of Sumter, nail, Conley,
468
JOURNAL OF THE HOUSE,
Cook, Hopkins, Patton,
Cullens; Howell of Milton, Ragsjaie,
Dailiel. Hurst, Richards,
.Eberliart, . Joyner, Rosier, _
Rctor, 1 Mays, Smith of a iggs,
Ely, i McCants, Spray061^
Fcjn of Uniom McDonald of Mur-Vaughn,
Flemings ray, . West,
Henderson of New-McLendoii, Wicker
ton, Mitchell* ' Worley
Hicks,i Parks, Young.
So the Bill was passed.
Mr. Broyles of Whitfield gave; notice of his intention t»
*tnove a reconsideration of the same. *
The House took up the report of the commit m on the
hill of the'Senate to amend an act -of 1S35„ inciaporating
,the town of LaFayette, of' Walker county, and 1.$ other
'purposes. The same was amended.
The amended report was agreed to, the hill wH jead
the third time and passed.
♦The House took up the report of the Committ n on the
hill of the Senate to make valid certain sales of u 1 estate
heretofore made by executors, administrators, andguardialns
qf tRis State,
The report Was agreed to, the bill was read the third time
ajid passed.
The House took up the report of the comrnitt *1 to pr&+
vent free persons of color from being brought or coining in¬
to the State of Georgia. The same was amended.
The amended report was agreed to, the, bill was read
the third time and passed,.
Leave of absence was granted Messrs. BreWton, Hender¬
son of Newton, and Mitchel of Pike for the balance of the
Session on special business, and to Mr. Colvard of Columbia
this afternoon, for the purpose of visiting the Lunatic As^-
1pm on the business of a constituent.
The following bills of the Senate were taken up and in¬
definitely postponed, to-wit,: ,
,4 bill to compel persons owning one thousand cr more
acres o-f lancl in certain portions of Montgomery and Tel-
•fair counties, also in the counties of "Wayne, Cm ijeu, Wil-
cok, and Dooly, to give in and pay tases on the sjm^ in said
» counties.
A bill to amend the 33rd Section of the Judiciary Act of
tfiis State of 1799, in relation to the advertisements of Sher*
ifis sales.
A bill for tke relief of Lemuel Webb, of the county of
Early.
THURSDAY, DECEMBER 15m, 1859.
A "bill u> exempt practicing Physicians in the county of
Jefferson from Jury duty.
A bill t * authorize Geo. Upderwood, of the county of
(jlasscodito pay over to and settle with William W.
Tliompsci., a minor, his ward, and for other purposes.
A 1 ill t<. allow Mathew Cook of thecotinty of Walton, to
peddle without paying tax for the same.
The following Message was received from his Excellency
the Governor, by Mr. Campbell his Secretary, to-wit :■
Mr. Speaker : The Governor have signed the following4
Acts, to'wit :
An act for.the relief of Arthur II aire of the county of
Cass.
Also, tire act for the relief of Cornelius Hibberts, accom¬
panied with a communication in writing relating thereto.
The fallowing message was received from the Senate by
Mr;, West, their Secretary.
Mr* Sp'.aker:—The Senate has passed the following bills
of the Mouse of Representatives :
A bill to be entitled an act to authorize the Ordinary of
Campbell county to pay A. P. McCool, for teaching poor,
children for the year 1858, and for other purposes. Also,
• A bill io be entitled an act to incorporate a Volunteer
Corps of Infantry, In the town ofThomaston, Upson county
and to grant unto it certain privileges.
The Senate have also passed the following bills of the
House of Representatives, .with amendments, in which
they ask the concurrence of the House:
A bill to be entitled an act to amend the act of 11th De¬
cember, 1S5S, in relation to the returns of Lottery Mana¬
gers and Insurance Companies, and Express Companies do¬
ing business in this State. 'Also,
Abilltobe entitled an act to constitute the town of
Cuthbert in Randolph county, a city, to provide for the elec¬
tion of odicers, to define the powers of the several officers qf
spiid city, as well as of said corporation, to extend the limits
of Cuthbert and for other purposes;
The Senate have concurred in the amendments of the
House of Representatives to the fdllowing bills : -
A bill to be entitled an act to repeal a part of the first
section of the third Article of the Constitution of this State
and to iur art a provision in lieu thereof. Also,
A bill to be entitled an act, to require the several Treasu¬
rers of i La several School Districts of the county of Lump-
tin, to ic turpi the unexpended balances of the School Funds
470 JOURNAL OF THE HOUSE,
now in their hands to the Ordinary of said county, and for
other purposes therein named. Also,
A hill to be entitled an act amendatory of the act of
1857 entiled an act to provide against the forfeiture of the
several Bank Charters of this State on account of non-spe¬
cie payipent for a given time, and for other purposes therein
named, and declaratory of the true meaning of certain sec¬
tions of the same. Also,
A hill to be entitled an act to incorporate d corps of in¬
fantry, in the town of Jonesboro, in the county of Clayton,
to be known as the Clayton Volunteers, and to confer cei>
tain privileges on the same. Also,
A bill to be entitled an act to compel Justices of the
Peace in the county of Rabun, to give bond and security,
and for pther purposes. Also,
A bill to be entitled an act to authorize the Ordinary of
the county of DeKalb to pay arrearages due J. P. Buchan¬
an, a teacher of poor children in said county, for the year
1853. Also,
A bill to be entitled an act to amend and interpret an
act approved March the 5th, 1856, relative to the payment
of accounts of Teachers of poor children. Also,
A bill to be entitled an act to extend the corporate limits
of the town of Hamilton, Harris county, to create and give
additional powers to the corporate authorities of said
Town.
And have refused to concur in the amendment of the
House of Representatives to a bill to be entitled an act to
explain the tenth Section of the tenth Division of the Epiial
Code of this State.
Mr. Lumpkin, from the Committee on Enrollment, reported
as duly enrolled, and ready for the signature of the Speaker
of the House of Representatives :
An act for the relief ofD. M. and G-. W. Smith, and their
securities from a certain bond.
Also an act to change the times of holding elections for
county officers, Judges of the Superior Courts, Attorney
and Solicitor General, (except Ordinary,) in this State.
Also an act to amend the several acts of the General
sembly relating to the Savannah aiid Albany Rail Road
Company; and the Savannah, Albany & Gulf Rail Road
Company, and to authorize them to construct Branch
Road?.
Also an act to amend an act to change certain count/
lines, approved March 1st, 1856.
Also an act to change the name of the Southern Central
Agricultural Society of Georgia, and for other purposes.
Also ah act to consolidate the offipes of Clerk of the Su¬
perior and Inferior Courts of the county of Quitman.
THURSDAY, DECEMBER 15m, 1659. Ml
AIsq an dct to authorize the Mayor and Council of the
eity of Macon, to lease a portion of the public reserve for
certain purposes.
Also an act to change the times of holding the Inferior
Courts of the counties of "Webster, Dade and Floyd, and
to change the times of holding the Superior Courts of
Richmond, Glynn, Burke and Floyd,
Also an act to take certain lots of laud therein named,
from Macon county, and to add them to the county of Tayr
"lor, and for other purposes. »
Also an act to alter and amend the charter of the Atlan¬
tic & Gulf Rail Road Company, and to locate the west end
of thesamej
Also an act to prescribe the time of holding elCCtiond for
Senators in the Congress of the United States from the
State of Georgia.
Also an act for the relief of William M. Pyron of Fay¬
ette county, &c.
Also an act to amend an act to regulate Toll Bridges* Fer¬
ries and Turnpike Roads^ approyedDec. 22nd, 1808, and to
prescribe certain penalties for violation ot said acL
Also an act for the relief of Wilson W. Poe, of the
the county of Early.
Also an act to incorporate the Georgia Grays, of the city
of Columbus, and to extend to them pertain privileges.
Also an apt to incorporate a Mining Company in Car¬
roll county,and in other counties in the State of Georgia.
Also an act to empower ex-Judges of the Superior Courts
to sign bills of exceptions in certain cases. »
Mr. Lester of Cobb offered the following resolution, which
was taken up, read and adopted, in lieu of the original res¬
olution of the -committee on Journal^,1 relative to the re¬
cording of the same, to-wit ;
Resolved, That the Recording Clerks have such time after
thd adjournment of this Session of the General Assembly as
may be necessary to record the Journals and make a full,
complete and perfect indexto the record, and that the Gov¬
ernor be authorized to draw his warrant on the Treasury for
such compensation as in his judgment may be due such
Clerks for such service..
The House adjourned Until 3£ o'clock P.M.
3£ O'CLOCK, P. M,
The House met pursuant to adjournment,
And concurred in the amendments of the Senate, to the
472
JOURNAL OF THE HOtJSE.
lb ills @f the House reported as amended in the foregoing1 mes¬
sages of to-day. ,
The House receded from their amendments to the Senate
bill, to define and punish vagrancy in free persona of color
alndthe bill to explain the 10th section Of the 10th division
6f the Penal Code of this State.
Mr. Lumpkin from the committee on enrollment reported
as duly enrolled, and ready for the signature of the Speaker
of the House of Representatives:
An act for the support of .government for the political
year 1S69, and to make certain appropriations, and other
purposes therein mentioned.
The House took up the report1 of the Committee on the
reconsidered bill of the Senate, to alter and amend the
first section of the third Article of the Constitution as to the
place or places of the sitting of the Supreme -COml of this
States
The same wds amended by striking out the words 1 at such
place or places aS the Legislature of this State shall bylaw
direct,"" and insert in lieu thereof " At Marietta and Macon,,
or such other two placed as the Legislature m^y hereafter
direct.
The amended report was agreed to, the bill was read
the third time and on the qite&tion of its passage the yeas
ahd nays were recorded.
There are yeas 69 ; there are nays 20.
Those who voted in the affirmative are Messrs:
Barksdale, Ely. Hutchins,
Baiigh, Tannin of Morgan, Key,
BiVcnl, Fannin of Troup, Lewis of Greene,
Brin^ou , Fleming, Lewis of Hancock,
Brbwp of HoustonGoodman, Lester,
Brown of Sumter, Greene of Cobb, Lofton,
Broyles, Hardin, Lumpkin,
BrUton of Forsyth, Harper of Henry, Mays,
Cason, Hartriclge, McOrairy,
Clark „of Elbert, Henderson of New- McDonald ofLiunp-
tjock> ton, kip,
Coleniah, Hockenhull,. M Oliver,
Conley, Holdeh, McWhOrter,
Cuilens, Holmek, Mnllins,
Helony, Hopkins, NorxVood,
Dixon, Howell of Milton, Parks,
HotOr, i/urst, PilOher,
THURSDAY* DECEMBER 15th, 1859. 473
Prescott, SocWell, Whittle,
Richards, Solomons, Wicker
Rozief, Taylor," Williams of jfyitus-
Scott, Thrasher, cogee,
Turner, Wilson^
Smith of Bryan, Vaughn, Worley,
Smith of Coffee, West,
Those who voted in the negative, are Messrs.
Blakey, Irwin, Price,
Causey, Jones of Rabun, Ragsdale,
Fain, of Gilmer, Keeling, Tapley,
Fain of Union, Kelly, Tatum,
Fortiier, McLendon, Vanover,
Gibson of Warren, Nobles, Young,
Harkness, Perry,
There being a fwo third vote in favor of the bill it was
passed.
Mr. Key from the committee on Enrolment reported
as duly enrolled, signed by the President of the Senate and
ready for the signature of the Speaker of the House of Rep¬
resentatives,
An act to repeal a portion of the 3th section of an act en-,
titled an act, to provide for the education of the children of*
this State between certain ages, so far as relates to Emanuel
, county, and for other purposes.
Also an act to consolidate the offices of Clerk of the Su¬
perior and Inferior Courts of Chattooga county.
Also, ail act to change the line between Elbert and Madi¬
son counties.
Also, an act to change the line between Dougherty and
Worth counties.
Also, an act to correct and perfect the Plat and Grant to
lot of land No. 142, in 4th district of Appling originally,
now Pierce county, and for other purposes.
Also, an act to amend the several acts incorporating the
town of Cartersville in Cass county, and for other purpose
e$.
Also, an act to authorize Stephen Ellis of Gwinnett coun¬
ty, to trade in Skid county without license. ^
Also, ah act to organize a Volunteer Battathon in the city
of Skvuimah, to be called the Independent Volunteer Bat-
tallion of Savannah, and for other purposes,
474
JOURNAL OF THE HOUSE,
Also, an 'act lo provide compensation to Coroners for Bur1
tying insolvent persons,
,AlsOi an act to incorporate the Alabama Planters Steams-
boat company, and for other purposes.
Also*, an act to amend an act to provide for the better pro-*
fcectjon and security of Orphans and their estates.
Also, an act facilitating mining operations for Gold, and
other purposes in White county.
Also, an act to amend the law of descent in cases of persons
Who are illegitimate or born out of lawful wedlock dying
intestate.
The following message was received from the Senate by
Mr. West their Secretary.-
, Mr. Speaker:—The Senate have passed an act for the re¬
lief of Henry Henson and Elias Kilpa trick of the County of
Towns, by a constitutional majority over the veto of his
Excellency the Governor, by a vote of 57 ayes, to 10 nays.
They have also passed a Resolution in relation to the
pardon ot William A. Choice by a Constitutional majority
over the yeto of his Excellency the Governor^ by a vote of
£8 yeas4 to 23 nays.
The Senate have also agreed to a Resolution directing the
•Secretary of the Senate to furnish the Secretary of State
yrith an exemplification from the Journals of the Senate in
relation to the pardon of William A. Choice, in Which they
ask. the concurrence of the House.
The House took up the report of the committee on the
bill of the Senate, to alter and amend an act entitled aq act
to prqvide for the education of ihO children of this State be¬
tween certain ages and to provide an annual sinking fund for
the extinguishment of the public debt, assented to, Decem¬
ber llth, 1S58.
Mr. Fannin, of Morgan offered as a substitute for the same,
at the request of Mr. Cook of Early,
A bill to repeal the present Tax act of this State, and to
require the Inferior Courts of the several counties of this
State to levy a tax for the purpose of educating thp poor of
the several counties of this State, and for other purposesi
Mr. Williams of Muscogee moved, the indefinite postr
ponhment of the original and substitute. Upon this the
yeas and nays were recorded.
There are yeas 42. There are* nays 53.
THURSDAY, DECEMBER 15rff, 1859. 475
Those who voted in the affirmative are Messrs.
Barksdale*
Blakey, ton,
Bivins, Hicks,
Brown of Houston., Horsley,
Brov^n of Snmter, Hurst,
Broyles, Irwin,
Causey, Lofton,
Coleman, Lumsden,
Conley, McCants,
Dixon, McCrairy,
Eberhart, McDonald of Lump-Vanover,
Ely, kin, Whittle,
Fain 'of Union, McDonald of Mur-William&of Mus-
Fannin of Morgan, ray, gee.
Herringtpn, McWhorter, Young,
N orwood,
Those who voted in the negative are Messrs.
Hendersoh of Few-Parks,
Patton,
Perry,
Pilcher,
Ragsdale,
Rosier,
Settle,
Sims,
Solomons,
Turner.
Allan,
BaUgh,
© 7
Brinson
Harper of Henry, Nobles,
Hartridge, Prescott,
Henderson of WortliPrice,
Brewton of Forsyth,Hockenhnll,
Brewton of TattnallH olden,
Clark of Elbert, Holmes,
Cullens,
Delony,
Ector,
Fain of Gilmer,
Fanniri of Trotip,
Fleming,
Fortner,
Gibson of Warren, Mays,
Goodman, McEver,
Green of Cobb, McLendon,
Hardin, Morris,
Harkness, Mullens,
Howell pf Milton,
Hutchins,
Jones of Rabun,
Keeling,
Kelly,
Lester,
Lumpkin,
Richards,
Scott,
Smith of Bryan,
Smith of Coffee,
Sockwell,
Sweat,
Tapley,
Tatum,
Taylor,
Thrasher*
Vaughn,
West,
Wicker,
Wilson1,
W orley ?
So the motion did not prevail.
, Mr. Price of Pickens called the previous question on the
briginal bill which was seconded.
Upon the question* shall the main question now be put I
the yeas and nays were required to be recorded.
There are yeas 6S. There are nays 21,
4-7G
JOUKNAL OF THE HOUSE.
Those who voted in the affirmative, are Messrs.
Allan,
Baugh
Heath,
Herrington,
Blakey, Hicks,
Bivins, Hockenhull,
Brown of Houston,Holden,
Broyles, Holmes,
Bruton of Forsyth, Hopkins
Causey,
Coleman,
Conley,
Cullens,
Eberhart,
Ely,
Fain of Gilmer,
Fain of UniOn,
Fleming,
Fortner,
Gibson of Rich¬
mond,
Goodman,
Hardin,
Harkness,
Henderson, of
Worth,
Horsley,
Howell of Milton,
Hurst,
Hutcliins,
Jones of Rabun
Keeling,
Kelly,
Lester,
Lofton,
Lumsden,
Mays,
McCants,
McDonald of Lump-Vaughn,
kin, W est
McDonald of Mur- "Whittle,
ray, Worley,
McEver Youmr,
McLendon,
Morris,
Nobles,
Norwood,
Price,
Ragsdale,
Richards,
Rozier,
Scott,
Smith of Bryan,
Smith Of Coffee,
Sockwell,
Solomons,
Sweat,
Tapley,
Tatum,
Taylor,
Thrasher,
Vanover,
Those who Voted in the Negative are Messrs.
Barksdale, Fannin of Troup, Mullins,
Brinson, Green of Cobb, Parks,
Brown of Sumter, Hartridge, Prescott,
Clark of Elbert, Henderson of New-Settle,
Delony, ton, Sims,
Dixon, Lumpkin, Turner,
Ector, McCrairy, Wicker,
Fannin of Morgan,
So the main question was put, and the bill was passed.
Mr. Lumpkin, from the committee on enrollment, reported
duly enrolled, and ready for the signature of the Speaker
of the House of Representatives,
An act to amend the charter of the town of Washington
in Wilkes county, and to authorize and empower the com¬
missioners of the town of Forsyth, Monroe county, to
regulate the sale of spirituous liquors within the corporate
limits of the town.
THURSDAY, DECEMBER IStii, 185D. 177
ARo, ait act to incorporate tlie Richmond Fire Company
No. 7, and for other purposes. ,
Also, an act to amend an act entitled an act, to amend
the road laws of this State, so far as relates to the county of
Coffee, approvedMarch 1st, 1856, so as to apply the provi-,
sions of said act to the county of Clinch.
Also, an act for the relief of Sterling S. Jenkins, of the
of the county of Merriwether.
Also, an act to incorporate the Savannah and Baltimore'
Steamship company.
Also, an act to incorporate the Owl Town and' Coosa
Creek Mining company; the Masonic Hall company in the
city of Atlanta. .
Also, an act to regulate the testimony of Attorneys "at
Law,' and for other purposes.
Also, an act to regulate the sale off spirituous licpiors in
the county of Stewart.
Also,, an act, to authorize the Justices of the Inferior
court of Sumter county to levy an extra tax; for county pur¬
poses.
Also an act to authorize the Ordinary of Campbell coun-
*ty to pay A. P. McCool, for teaching poor children for the
year 1858, and for other purposes.
Also, an act to incorporate the Grate City Guards of At¬
lanta, and to grant certain immunities and privileges.
Mr. Lumpkin, from the committee on Enrollment, report¬
ed as duly enrolled and ready for the signature of the Speak¬
er of the House of Representative,
An act, to levy a tax on all goods peddled in this State, or
sales by sample or otherwise, by itinerant drummers, or oth¬
er persons, and for other purposes.
Also an act, to alter and amend the second section of an
act approved January 21st, 1852, and for other purposes.
Also an act, to incorporate the Jackson Artillery, of the
city of Macon, and to authorize the Governor to furnish
them with suitable arms and accoutrements, and to grant
certain immunities and privileges to the members of the1
same.
Also an act, to alter and amend an act to amend an act
pointing out the mode of collecting a certain description of
debts therein mentioned; approved Dec. 19th, 1818, and to
extend the provisions of the same so as to embrace corpora¬
tions, approved Dec. 11th, 1858.
Also an act, to incorporate the town of Quitman, in
Brooks county, and to confer upon the citizens of said town
the privilege of electing Town Commissioners, with certain
privileges therein enumerated, and for other purposes there-
in spccifiGd*
Also an act, to prevent the fireing the woods between the
478 JOURNAL OU THE SOUSE.
first day'of May and the first day'of February, in each and
every1 yeair, in tile counties of Echols and Clinch, arid for
other purposes.
Also an act, to incorporate Spring Vale Institute,, located
in Randolph County, Georgia.
Also an act,, to incorporate the towns of Sylvania and
(Scarbor©, in the county of Screven, and to amend the chan¬
ter of the city of Atlanta.
Also an acjfc, to charter the fort Royal Rail Road.
The House adjourned until 7£, P. M.
O'CLOCK, P. M.
The House met pursuant to adjournment.
Mr. Felony yjave notice that he would, to-morrow, move
the re-consideratioh of the bill passed to-day, On the sub-*
ject of education.
Leavq of absence was granted Mr. Walton, of Stewart,
for the balance of the session, on account of sickness.
The following message was received from the Senate, by
Mr. West, their Secretary :
Mr. Speaker; The Senate have passed the following bills,
of the House of Representatives :
A bill, to be entitled an act, to apportion the Representa¬
tives amOng the several counties of this State, according to»
the requirements of the Constitution.
Also a bill, to be entitled on net, to alter and amend the
several acts in relation to Bibb County Academy, and to
change the name of the same.
Also a, bill, to be entitled an act, to amend the charter 6f
the McBean Company, granted February the 11th, 1S50.
Also a hill, to be entitled an act, to authorize the Justices
of the Inferior Court ol Rabun county, to "levy an extra tax^
find for other purposes.
Also a bill, to be entitled an act, to alter and amend an
act, passed on the 22nd of December, 1S57* entitled an act
to encourage persons making a will, to provide a permanent
fund for the collegiate perpetuation and education of indi¬
gent boys and young men.
Also a bill, to be entitled an act, to authorize the Ordina¬
ry of Henry county, to pay to Wm. W. Campbell tuition
money for poor children, for the year 1857,
Also a entitled an act to amend an act to prp-
THURSDAY, DECEMBER 15tii, 1S59: 479
tect Religious Societies in the exercise of their religious du¬
ties, approved December the 13th, 1792.
Also a bill, to be entitled an act to establish the county
lines between the counties of Montgomery q.nd Tatnall, and
also between Tatnall and Emanuel.
Also a bill, entitled an act for the relief of- Jabez M.
White, of the county of Hancock.
Also a bill, to be entitled an act, to consolidate the offices
of the Clerk of the Superior and Inferior Courts of the coun¬
ty of Schley, "and to reduce the bond of the Sheriff of said
county.
Also a bill, to be entitled an act to repeal the 7th and 9th
sections of an act to incorporate the village of Chickasaw-
hatchie, in formerly Lee, now Terrell county, and to add an
additional section to said act, and for other purposes therein
mentioned. , 1
f
Also a bill, to be entitled an act for the relief of Andrew
J. Lovelady, of the county of Pickens, and for other pur¬
poses.
Also a bill, to be entitled an act to incorporate the Geor¬
gia Baptist and Colporteur Society.
Also a bill, to be entitled an act, to compensate-William
T. Williamson, for recording the unfinished Journals of the
'House of Representatives, for the years 1851 and J852.
The Senate has also passed the following bills "of the
House of Representatives, with amendments, in which they
ask the concurrence of the House:
A bill-to be entitled an act, to declare certain words
slanderous, and actionable per se, and for other purposes.
Also a bill, to be entitled an act, to incorporate Clayton
High School, and for other purposes therein mentioned. -
They have also concurred in the amendments of the House
to the first section of a bill, to be entitled an act to pre¬
vent free persons of color, commonly known as free negroes,
from being brought, or coming into the State of, Georgia,
and have refused to concur in the amendment of the House,
adding two additional sections to said bill.
t The House took up the Senate resolution relative to the
pardon of Wm. A. Choice, which was passed by both branch¬
es of the General Assembly, vetoed by his Excellency the
Governor, and passed over said veto in the Senate, by a Con¬
stitutional majority.
Upon the question of passing the same oyer the veto, the
yeas and nays were recorded.
There are yeas 76. There are nays 16.
4S0
JOURNAL OF THE HOUSE.
Those who voted in the affirihative are Messrs
Allan,
Barksdale
Gfreen of Oohb,
Harper of Henry;
Hartridge,
Bivins, Heath,
Brahtley, Herrington,
Brown of Houston, Holmes,
Brown of Sumter, Hopkins,
Brutoii of Forsyth, Horsley,
Causey,
Clarke of Elbert,
Cock,
Colvatd,
Coleman,
Conley,
Culleni,
Daniel,
Delony,
Dixon,
Ector,
Ely,'
Fain of Gilmer
Mitchell,
Morris,
Mullens,
Nobles,
Norwood,
Patton,
Perry,
Preseott,
Rozier,
Scottj
Selman,
Settle,
Sims,
Smith of Bryan,
Solomons^,
Sweat,
Howell of Milton,
Hutchins,
Irwin,
Joyner,
Jones of Rabun,
Keeling,
Key, .
Lewus of Greene,
Lewis of Hancock, Tapley,
Lester, Tatum,
Lumsden, Taylor,
Mays, Turner,
McComb, Underwood,
Fannin of Morgan, McCrahy, Vanpver,
Fannin of Troup, McDonald of Lump-Vaughn,
Fortner, kin, Williams of Mus-
Gibspn of Rich- McLendon, cogee,
mond, McWhorter, Young.
Goodman,
Those who voted jn the negative are Messrs'
Fain of Union, McDonald of Mur- Smith of Coffee,
Fleming', ray, Smith of Twiggs,
Hieks,t MeEver, Sockwcll,
Hockenhull, Trice, West,
Hurst, Ragsdale, Worley,
Kelly, Render,
The same having received a constitutional majority was
passed over the veto of his Excellency, the Governor.
The House took up the bill of the Senate for the relief
of Henry Ilenson, and Elias Kilpatrick, of the eounty of
Towns, which had passed both brunches of the General Ash
sembly, was vetoed, by his Excellency the Governor, and
passed by the Sepate over his veto by a constitutional ma¬
jority.
Upon the question of its passage the yeas and pays were
required to be recorded.
There are ^eas 26. There are nays 68.
Thursday, December, isth, i$5$. ^si.
Thcfee <wlio yoted in tlie affirmatiye are Messrs:
Allan, Fortner, McDonald of Lump-
Blakey, Green of Cobb, kin,
Brantley, Harper of Henry Nobles,
Bruton of Forsyth, Haptridge, Parks,
Brewton ©f Tatt- Henderson of Wo'thPktton,
Keeling, Price,
Key, Sweat,
Lester, T^ey,
Lofton, Tatum,
ljiall,
Daniel,
Ecjtor,
Fain of Gilmer,
Fain of Uliion,
Those who voted in the negative are Messrs :
Barksdale,
Baugh,
Bivinfe,
Hockenhull,
Holmes^
Hopkins,
Brown of Sumter, Howell of Milton,
Hurst,
Irwin,
Joyner,
Jones of Rabun,
Kelly,
Lewis of Greene,
Lumsdin,
Mays,
McCants,
McCrairy,
Perry,
Pilcher,
Prescott,.
Ragsdale,
Render,
Rosier,
Scott,
Selman,
Settle,
Sims,
Smith of Bryan,
Smith of Coffee^
Sock well,
Solomons,
McDonald ofMur- Turner,
ray,
EcEver,
McLendon,
Broylesy
CaUsey,
Cock,
Colvard,
Coleman,
Conley,
Cullehs,
Delony,
Dixon,
Eberhart,
Ely,
Fannin of Morgan,
Fannin of Troup,
Fleming,
Gibson ofRichm'ndMcWhorter,
Goodman, Mitchell,
Heath, Morris,
Herrington, Mullins,
Hicks, Norwood,
The same not having received a constitutional majority
was lost and the Executive veto sustained.
The Senate amendment of the bill of the House to de¬
clare certain words actionable "per se", and for other pur¬
poses, was concurred in.
The following message was received from the Senate by
Mr. West'their Secretary*
Mr. Speaker; -The Senate have passed the following bills
of the House Of Representatives:
A bill tp fa .entitled an .act to increase the duties of the
VanOver,
Vaughn,
West,
Whittle,
Wicker,
Wilson,
Worley,
Young,
482
JOURNAL OF THE HOUSE,
Comptroller General and to provide cotnpensatiSn Tor
the same, and for other purposes therein named.
AlSo, a bill to be entitled an aCt to allow persons to
a return of their taxable property to the Clerk ol th,e Sh-
perior Court in certain cases, and for other purposes thereip
mentioned.
Also, a bill to be entitled an -act for the relief of Mr&
Isabella Adams of the county of Murray.
Also, a bill to be entitled an act to change and fix the
times of holding the Inferior Courts* of the county of %ii-
dolph.
Also, -a bill to be entitled an act to protect the holders
of bills of exchange or drafts drawn and* accepted on ac¬
count of shipments or transfers of cotton, and to punish
those who frauduleritly violate the contract of acceptance,
or misapply the cotton received by them, or its proceeds.
Also, a bill to be entitled an act for the relief of Francis
Daniel, Sheriff of the county of Dade.
Also, a bill tp "be entitled an apt to alter and am end the
Bo ad laws of this State, so far as relates to the counties of
Lumpkin and Schley-
Also, a bill to be entitled an act to amend an act entitled
an act to incorporate the city of Greensboro', to provide
fot its government, define its powers, and for other pur¬
poses therein mentioned, approved March the 5th, 1S5G,
Also, a bill to be entitled hn act to amend the second sec¬
tion of aii act entitled an act to provide against the for¬
feiture of the several Bank charters in this State on ad-
count of non-specie payment for a given time, and for bth-
er purposes fjherein named, passed the 22d, December,
1857*
Also, a bill to be entitled an net for the encouragement
of fire companies in the city of Augusta, and to exempt
certain members from JuTy duty, and fin; other purposes.
Also, a bill to be entitled an act to empower the Jps-i
tices of the Inferior Court, or a majority of them, oT
Wayne county, to levy an extra tax for the purpose of build¬
ing and erecting a bridge across the Big Buffalo near Shef¬
field's old ndlls, and for other purposes therein mentioned.
Also, a bill to be entitled an. act for the relief of Joseph
"Whife of the county of Jackson.
Also, a foil to be entitled an act to authorize the Justices
of the Inferior Court of Cobb to levy an extra tax, for the
purpose' of building a Jail in said CQunty, and for other pur¬
poses therein mentioned.
Also, a bill to be entitled an act to incorporate a Volun¬
teer Corps of Infantry in the city of Greeiisforo, arid also a
Volunteer corps in Covington, and in Monroe, in tile cpuh-
ty Walton, and to grant unto them certain privileges*
THURSDAY, DECEMBER 15th, 1859. 483
The Senate have also passed the following bills of the
Hotise of Representatives, with amendments in "\yhichthey ,
ask the concurrence of the House.
'Abill to be*entitled an act* to chahge the lines between
the counties of Irwin and Coffee, and also, between the poun-'
ties of Taylor ahd Schley, alid also, between the 'counties of
Cobb and Paulding.'
Also, a bill to be entitled an act to exempt from levy and
sale certain property therein mentioned, and' to proyide
a mode of .securing the same to the wife and children, or
wife, or child or children, and for other purposes."
Also, a bill to be entitled, tin act to.prevent the peddling
of spirituous liquors in Greene, Henry, Sumter, Laurens,
Early, Troup,Houston; Lincoln^ Clay, Wilkes, Dooly, Chat¬
tahoochee, Stewart, Glasscock, 'Colquitt, Warren, Webster,-
Terrell, Jefferson, MonrOe, Burke, Newton, Glynn and Tal¬
iaferro. ,
■Also, a bill to be entitled an act to charter the".Central
Insurance company of Georgia, and to confer on said cpm-
pany certain Tights, powers and privileges, and for other
purposes.
The sunendments of the Senate to the bills of the Housje
mentioned m the foregoing message, were concurred in.
The House receded from their amendment to the first
section of the Senate bill to prevent free persons of color1
from being brought, or coming info the State of'Georgia.
The Senate resolution requiring the Secretary of the Sen¬
ate to furnish to the Secretary of State an exemplification
from the Journals of the Senate touching the action oT that
body on the bill for the pardon of William' A. Choice of the *
county of Fultdn, was taken up and concurred in, .
The House by unanimous censent took up and amended
the Senate bill passed to-day, to repeal the 5th section of an
act to change and fix the time of holding the Superior
courts of the county of Lumpkin, and for' other purposes
therein mentioned.
The same was then passed as amended.
Mr. Hartridge of Chatham, offered certain resolutions rel¬
ative to the condition of our Federal relations and the poli¬
cy which should be pursued by the States of the South in
regard to the exciting political questions of the present.
The same were postponed until to-morrow morning.
The following message from his Excellency the Govern¬
or, was on motion of Mr. Tatunj ot Dade, taken up and read,
to wit:
EXECUTIVE DEPARTMENT, >
Milledgville, Ga., December 6th, 1859. >
To the House '-of "Representatives :
I return without my sanction a Bill to entitled "an act to
484= JOURNAL OF THE HOUSE,
compensate the Grand and Petit Jurors of the county of
l^ade, and: to authorize the leyying of a tex for the sa iaae.w
There is a general law of theState which fully meets the
necessities of this „case, without the passage of g special act
for that purpose. The act of 27th February IS-.*'*, is m
these yvords i •"That from and after the passage of this Act,
il sfyall and may be lawful for tire Justices of the Inferior
Court of the several counties in this State, and they are here-
be authorized upon the recomitiendationof the Gr/;nd Ju¬
ries of the several counties aforesaid, to assess and raise a tax
for the reasonable compensation of the Grand and Petit Ju¬
rors, or Grand or Petit Jurors, and at their pleasure to dis¬
continue the same, and again, to resume and reassess said
tax, upon the recommendation aforesaid ; the jury and con-
fession fees in each case to be paid into the county fund for
that purpose." This general law gives to the Inferior
Court of D,ade county upon the recommendation of the
Grand Jury ample power to levy and collect a tax toy the
compensation of Grand and Petit Jurors, or Grander Petit
Jurprs, The Justices of the Inferior Court and Grand Ju¬
rors, are supposed to be acquainted with the condition of
the finances of the county, and with the wants of the peo¬
ple of the county j and Jtiaye ample power in the premises!.
When we have a general law applicable to all the counties
tof tlie State, it would seem to be unwise for the Legislature
to pass a special law for each county relating to the same
subject matter : and confirming the same powers and privi¬
leges.
It would, I think, in such chse be much better to avoid
"this special legislation, x^hieh is useless, and leave each
County to act under the General Law: otherwise a general
rule of law is useless.
JOSEPH E. BROWH.
The bill mentioned in the foregoing message was taken
up. _ U pon the question of passing the same over th$ Ex¬
ecutive v eto, the yeas and nayswere recorded.
There are yeas 61. There are nays 2S.
Those who voted in the affirmative are Messrs.
Allan, Daniel, Gibson of Rich-
Brantley. Delqny, niond,
Brown of Sumter, Dixon, Harper of Henry,
Broyles, Eberhart, Hartridge,
Bruton of Forsyth, Ector, Heath,
Clark of Elbert, Fain of Union, Henderson of
Colvard, Fannin of Morgan, Worth,
Conley, Fannin of Troup, 'Heriingten,
Cullens? Holden,
THURSDAY, DECEMBER 15th, 1859. 4S5
Holmes, McDonald of Lump-Rozier,
Hopkins, kirm Selman,
jHorsley, _ McDonald of Mur- Settle, ,
Hurst, ray, Smith of Bryan,
Hutching, McWhorter, Solomons,
Joyner, 'Mullens, Sweat,
Key* Norwood, Tatum;
Lewis of Gireene, Parks, Taylor,
Lewis of Hancock,, Patton, Thrasher,
Lofton, Pilcher, Turner,
Lirmsden, Prescott, Williams of Musco-
Mays, Price, gee,
McOoihL, . Ragsdale,
McCrairy, Render,
Those who voted in the negative are Messrs:
Barksdale, Irwin,, Scott,
Baugh, Jones of Rabun, Rockwell,
Blakey, Kelly, Vandver,
Bivins, McCants, Vaughn,
Causey, McEvter„ West,. '
Cock, McLendon, Whittle
Eain of Gilmer, Mitchell, Wicker,
Fleming, Morris, Wilson,
Groodmarh Perry, Worley.
Hicks*
There being a constitutional vote ha favor, of the passage
pf the 331111 the same was parsed,
By the unanimous eonsent of the Hotise the substitute
offered by Mrf Lester and adopted in lieu of the original res¬
olution of the Committee on Journals relative to the Recordi
ing of the same, was withdrawn, when the Original resolu¬
tion,'was taken up . amended by striking out seventy days
and inserting fifty, and agreed to as amended,.
Mr. Thrasher of Fulton offered the following resolution
which was taken up, read and agreed to, to-wit :
Resolved, by the Senate and House of Representatives that
the Secretary of the Senate and Clerk of theHonse be allow¬
ed four days each after the adjournment of,the General As^
to makp out apd file in the dffice of Secutary of State full
and complete transcripts from the Journals upon the Bills
for the pardon of Willaim A,. Choice and Thomas 0- Whit-
worth ps required by the resolution of the General Assem-
bly.
The" House adjourned hnti). £ i o'clock A. M. to-mor¬
row.
486
JOURNAL OF THE HOUSB-
FRIDAY, DECEMBER 16th, 1859,
The House met pursuant to adjournment.
Mr. Broyles moved to 'reconsider so much of the Journal
Of yesterday, as relates to the passage of the i>ill to incor¬
porate the Calhoun and Rome Railroad? Company, and to
giant certain powers and privilestothe same. The motion
did not plevail. (
On motion of Mr. Cook of Early, so much pf the Journal
of yesterday4, was recondsidered as relates to. the rejection
of the hill of the Senate, for the relief of Lemuel Webb, of
the county of Early. The motion pre vailed and thohill^as
passed.
Mr. Delony, moved to reconsider so much of the Journal
of yesterday, as relates to the passage of the hill to alter
and amend an act entitled an act to provide for the educa¬
tion of the children of this State, between certain ages, and
to provide an annual sinking fund for the extinguishment of
the public debt, assented to, Dec. 11th, 1S5S.
Upon this question the yeas and nays were required to tie
recorded.
There are yeas 22, there are nays 68
Those whp voted in the affirmative are Messrs.
Brantley, Fannin of 31 organ, Render,
Brown of Houstpn, H arper of Henry, Settle,
Brown of Sumter, Horsley Sims,
Clark of Elbert, Lumpkin, Smith of Twiggs,
Conley, Lumsden, Tatum,
Cook,, McCrairy, Williams of Musco-
Dixon, McWhorter, gee,
Ector, Mullins,
Those who voted in the negative are Messrs,
Allan, Fain of Gilmer, Hick^,
Baugh, Fain of Union,' Hockenhull,
Blakey, Fleming, Holden,
Bivins, Fortner, Holmes,
Broyles, Gibson of Rich- Hopkins,
Brnton of Forsyth, mond, Hutchins,
Cqlisey, Goodman, Joyner,
Cock, Green of Cobb, Keeling,
Colvard, Hardin, Jones of llabuii,
Coleman, Hartridge, Kelly,
Cullens Heath, Key,
Daniel, Henderson of WorthLpstcr,
Ely, Herrington, Lofton,
FRIDAY, DECEMBER lSlff, 1859. 487
MayS, Parks, Sweat,
McCants, Patton, Tapley,
McDonald of Lump-Perry, Turner,
kin, Prescott, Y anovef,
McDonald of Mur Price Vaughn,
ray, Richards, West,
McEver, Rozier, "Whittle,
McLendoh, Scott, Wickhr,
Morris, Smith of Bryan, Worley,
Nobles, Smith of Coffee Young,
Norwood, Sockwell,
So the ffiption did not,prey ail.
Leave ©f absence was granted Mr. Blakey, for the balance
of the session off account of ill, health. »
The following resolutions offered ,by "Mr. Hartridgd ©f
Chatham., were, taken up, to-wit:
Thu condition of the political affairs of tiff country de¬
mand the consideration of the Representatives of the peo¬
ple of Georgia before the, next "session of this Legislature,
events will have transpired which will fix and determine the
position of this State with regard to the Union, it is proper
thdn that we shall declare to the Stated of this Confederacy!
the views which we who are representing the people of jGra,
entertain in relation to the political condition of the couff
try, and what we deem to be the fixed determination of that
people as to their future course ynd conduct. A new and
peculiar'aspect of political affairepresents itself to our view,
up to a recent period the efforts of Northern faiiatitism t©
produce discord between tRe States of this Union, to wea¬
ken tfye ties that bind" them .together and to outrage the
feelings and yiolate fire- rights of the people of the South,
have been confined to fho Halls of Congress or the soil, of
some remote Territory of the Union. But recently a spec¬
tacle has been witnessed, unprecedented m the' history of
opr cohntry. Fanaticism grown bold by impunity has in¬
voked the aid of treason, murder and fapind, has crossed the
border and advancing upon Southern soil, has spread blood¬
shed and excitement throughout a Southern State. The blow
which sifikes gf the institution pf slavery in a sister South¬
ern State, also vitally Effects the, interest and. the honor of
Lreofgia. A colnmunity of interest, of feeling and of right®
hinds the Southern States of this Union one to other, they
ffiust stand of fall together.
This present condition of our political affairs should re¬
ceive deliberate attention, and our action should be calm
ignd dignified but resolute and+determined. The position js
now pending before tl}e Legislatures of some of these South¬
ern States, to take into consideration what position we shall
488 JOURNAL OF THE HOUSE
assume to insure our safety and equality in, the tlnion, or
■our independefice out of it.
In view of these facts, be it
Resolved, By the Senate and House of Representatives of
the State of Georgia iA General Assembly/net, and if is here¬
by rtesblvpd by the authority of the same* That the* State
of Georgia holds herself ready to enter into any concert of
actioq with the sister Southern States, which will secure
their common rights under the Constitution in the Union, or
if that be no longer possible their independence and securi¬
ty out^of it.
Resolved, That should a majority of the Southern States
of this Union, determine to hold a'Convention to take into
consideration our present condition and our future action ^
slave States, Georgia will go into snch Convention. And His
Excellency the Governor is hereby authorized and requested
upon being notified by a majority of the Ex' cutives ofthe south
ern States that their States are prepared and have taken steps
t6 hate such Convention, to call a Convention of delegates
from the different counties of this States* to assemble at
Milledgevjlle, on such day as he may appoint, to choose
delegates to represent the State of Georgia in such Conten¬
tions
Resolved, That His Excellency the Governor is hereby
requested1 to transmit a copy of these resolution to the
Executive^ of each of the Southern States of this. Union.
Mr. Lewis of Hancock^ offered the following as additional
to the foregoing resolutions :
Resolved, That \ye have full confidence in the Spirit and
pow'er and readiness pf Georgia, and her sister Southern
States to maintain th,e right? of the slaveholder against all
our enemies, whether found, among men who have the name
pf fellow citizens at the North, among foreign emissaries,
or ill foreign Governments, and that without inviting aggres¬
sion. We do not waive or postpone the conflict which such
aggressipns seek or provoke.
Resolved further, That Georgia is and ever will he ready
to co-operate with her sister States in efforts to protect the
rights of the slaveholding Slates.
Resolved, And in no party sense, that the history of past
yehns teaphps us that it is unreasonable to expect fh'e pro¬
tection of our rights by thp Federal Government, that we
lobk to ana are relying alone upon our own strength of heart
and arm and, the strength of our cause, and With such re¬
liance we feat no contests and no results of contests. ,
Rcsolti\d, That we would prefer that the House of Repre¬
sentatives of Congress should never be organized, than he
organized by the election of any man who will not before
his election, declare his recognition, of the equal rights of
the people of the South with all their property, with the
FRIDAY, DECEMRER 16th, 1859. 489
ights of all other citizens of these States, and his determin-
ition to support such equal rights of the South at all time
md in all places^
Resolved further,* That the policy of the- Federal Govern¬
ment for years past has been rfnequal and unjust in its'oper¬
ations upon the interest of the South, and ought not longer
to be submitted to.
The resolutions were, taken up separately.
Those offered by Mr. Hartridge were severally agreed to,
and the two first, offereed by Mr. Lewis of Hancock, to-wit:
the 4th aiid 5th of the entire series* . *
Mr. Delony1 moved to strike out the 6th resolution.
Upon this motion the yeas and nays were requiren by Mf.
Lumpkin of Clarke, to be recorded.
There are yeas 51. There are nays 35.
Those who voted in the'affirmative are Messrs.
Allan,
Anderson,
Laugh,
Blakey,
Bivins,
Broyles,
Colvard,
Coleman,
Donley,
Cullens,
Delony,
Ely, '
Fain of Gilmer,
Fain of Union,
Fleming,
Goodman,
Green of Cobb,
Heath,
Henderson of WorthPilcher,
Hopkins,
Hurst,
Jones of Rabun,
Keeling,
Kelly,
Lester,
Lofton,
Mays,
McCants,
McDonald ofLump-Tatum,
kin, Vaughn,
McDonald of Mur-West,
ray, ' Whittle,
McEver, Wicker,
McLendon, Worley,
Morris, Young,
Nobles,
Price,
Ragsdale,
Render,
Rozier,
Scott,
Sims,
Smith of Bryan,
Smith of Twiggs,
Sockwell,
Those who voted in the negative are Messrs.
Brown of Houston,Holmes,
Brown of Sumter, ILorsley,
Causey,
Clark of Elbert,
Cock,
Dixon,
Ector,
Fain of Gordon,
Fannin of Troup, McWhorter
Harper of Sumter, Mulling,
Hartridge, Norwood,
Patton,
Perry,
Hutchins, Prescott,
Key, Richards,
Lewis of Hancock, Selman,
Lumpkin,
Lumsden,
McCrairy,
H olden,
Parks,
Settle,
Taylor,
Tiirner,
Underwood,
Vanover,
Williams of Musco¬
gee,
490 JOURNAL OF THE HOUSE,
So the Sctai-e was striken out
Mr. Fannin of Morgan, proposed to strike ou,t thd 7th
res0lution and insert the following which, prevailed, t<j-
wit:
Resolved, That it is the sense of this General Assembly,
that it is th4e duty of all the conservative members in Con¬
gress who are opposed to the dangerou, sedition? and
unconstitutional doctrines ctf the Black Republican
Pa^ty to hafmopize upon soihe fit and: proper can¬
didate for the Speakership! by «a caucus held without re¬
gard to previous political difference? of Opinion provided the
candidate ha^ proven himself, by his antecedents to be true
to the Constitution and untainted by freesoil 0( abolition
heresies.
Qn the question of agreeing to the 8th resolution theyeas
and nays were required td he recorded. '
There are yeas 40 . There are nays 47.
Those who* yoted in the affirmative, are Messrs:
BroWn of Houston, Holmes,
Browp. of Sumter, Horsley,
Causey,
Clark of Elbert,
CocEe
Coleffian,
Cohley,
Dixon,
Ector,
Fannin ofMorgan, McWhorter,
FanniA of Troup, Mullens,
Harper of Henry, Nobles,
Hicks, Norwood,
II olden, Parks,
Hutching,
Lewis of Greene,
Lewis of Hancock,
Lunlpkm,
Lumsden,
McCants,
McCrairy
Perry,
Preseott,
Richards,
Selmair,
Settle,
Sockwell,
Sprayberry
Taylor,
Turner,
Underwood
Vanover,
Williams. of Musco¬
gee,
Those who voted in. the negative are Messrs:
Allen.
Anderson,
Baugh,
Broyles,
Bruton of Forsyth,
Colvard,
(Alliens
Delony,
Ply.
Earn of GilipTer,
Fiyp of Union,
Goodman,
Flemiqg,
Greene of Cobb,
H artridge,
Heath,
Hockenkull,
Hurst,
Joy not-,
Jones of Rabun,
Keeling
Kelly,
Lester,
Lofton,
Mays
McDonald of Lump¬
kin,
McDonald of Mutt
ray,
McEver
McLendon,
Morris,
BattopV
Pilcher,
Price,
Rags dale,
FRIDAY, DECEMBER 16TH, 1859. 491
Mr. Lumpkin* from the committee on enrollment reported
as duly enrolled, signed by the President of the Senate and
ready for tpe signature of tlje Speaker of the House of Rep¬
resentatives :
I
A resolution in relation to the pardon of William A*
Choice.
Mr. Lumpkin from the Comnlittee on Enrollment reported
as duly enrolled, and ready for the signature of the Speaker
of the House of Representatives, *
A joint resolution extending the time allowed fo1r codify¬
ing the Laws; of the State, and appointing a joint committee
to examihe the said Code.
"Also a resolution in relation to the pardon of Thomas* C.
Whitworth oi the county Of Chattooga, no*w under Sen¬
tence of death for the 'crime of murder.
4 *
Mr. Lumpkin, from theCpmmittee on Enrollment, reported
as duly enrolled, and ready for the signature of the Speaker
of the House of Representatives :
An act to empower the Justices of the Inferior Court',, or
a majority of them, in Wayne county, to levy aU extra tax
for county purposes. 4 • .
Also an act to amend, an act to incorporate, the city of
Greensboro, approved March 5th, 1856. ,
Also an act to compensate William T. Williamson, for
recording the unfinished Journals of the 'House oCRepresen-
tativesfor the year 1851 and 1852.
Also an act to consolidate the offices of Cl,eri>s of the .In¬
ferior and Superior Courts of the counties of Hail, Dade
and Whife.
Alsq an act to amend an act entitled an act authorizing the
arrest by the Marshal of the village of Sparta, without
warrant, assented to 11th Dec. 1858, so far as saicl acts
relates to the regulation of the liguot traffic, in the county
of Hancock.
Also an act to establish the coupty line between the
counties -of Montgomery and Tattn&h also between Tattnal
pndEmanueh
Also an apt to pbange and fix the time of holding the Su¬
perior Courts of the county of Randolph.
Rendef,
Rozieri "
Scott,
Sims,
Smith of Bryan,
Smith of Coffee, West*
Smith of Twiggs, Wicker,
Sweat, WOriey,
Tatum, YoUng,
Vaughn,
So tlie same was not agreed to.
492 JOURNAL OF THE HOUSE,
Also, an act to consolidate the offices of the Clerks of the
Superior and Inferior Courts of the county of Schley and to
reduce the bond of the Sheriff of said county.
Also an act for the relief of Joseph Whit6 of the county
of Jackson.
Aljso am act for the relief of Andrew J. Lovelady of the
county of Pickens, and for oth'er purposes.
Also an act to authorize the Justices of the Inferior
Court of Rabun cbunty to levy an extra tax, and for other
purposes'
Also an act to incorporate a Volunteer Corps of Infantry
in the to\yn of Thomaston, Upson county, and to grant them
certain privileges.
Also an act to amend the charter of the McBean Com¬
pany, granted February the llth» 1850.
Also,, an act to incorporate the (Georgia Baptist Bible
and Colporteur Society.
Also an act to authorize the Justices of the Inferior
Court of Cobb county to levy1 an extra, tax for county pur¬
poses.
Also an act to repeal the 7th and 9th sections of an act
enfitled an net to incoiporate the village of Chickasaw-1-
hatchee, in formerly Lee now Terr elf county v and, to" add an
additional section to said hpt, and for other purposes.
Also an act to change the lines between the counties of
Irwin apd Berrien.
Also an net to increase the duties of the Comptroller Gene¬
ral and, to provide compensation for the same. *
Also* an act to amend an act to incorporate the Savan-i
hah Vojunteoii Guards, of the city of Savannah, and Re¬
publican Blues of Savannah, approved Dec. 22d, 1851.
Also an act to cdnfer certain powers upon the Judge of
city cdurts of the city of Savannah, and to make valid the
election of Solicitor General, for the Eastern Circuit of
this State, to take place on the first Monday in January
I860.
Also an act to protect the holders Of hills of exchange or
(hafts drawn and accepted pn accounts of shipments or
transfers of cotton, aud to punish those who fraudently vio¬
late their contracts 6f acceptance, or misapply the cotton
received by them, or its proceeds.
Also an act to amend an act to protect Religious Socie¬
ties in the exercise of their religious duties, approved Dec.
13fh, 1792. f
Also an apt for fhe relief of JabezM. White of the county
of Hancock.
Also an act to amenc} the act incorporating the Madison
Presbyterian Church, so fat as relates to removing and fill¬
ing vacancies of trustees, assented to Dec. i 1th* 1841.
Also an act t6 amend the second section of an act entitled
FRIDAY, DECEMBER I6to, 1859. 493
to act to provide against th$ forfeiture of the several Bank
charters of this St&te, on acconht of non-specie payments
for a given time, aiid for, other purposes therein named,
passed §2d December, 1857^
Also to aCt for the encouragement of 'fire 'companies in
the city of Augusta, and to exempt certain members front
jury duty, and other purpose's. 1
AlsO da act to alter and amend thefoad laws of this" State
so -fat aS relates to the counties of Lumpkin and Schley.
Also ah act to alter and amend the'Several acts in* relation
to Bibb county Academy, and to change the name of the
same. %
Also an act to authorize the Ordinary of Hemycounty to
pay to Wm. W. Campbell, tuition money for the poor chil¬
dren foi4 the year eighteen hundred and 'fifty-seVen.
Mr. Key,from the Committee on .enrollment. Reported
as duly enrolled, signed by the President of the Senate, and
'ready for the signature* of the .Speaker of the Hons© of Rep¬
resentatives <
An act,to authorize the Ordinary of DeRalb Cpunty to
pay G. W.Xiathram for teaching poor children in said coun¬
ty- * ,
' Als0 to act to further amend- the act to incorporate the-
Trustees of the Southern Botanic Medical College, and for
other purposes.
Also an act to prescribe the mode of laying ^cfut private
ways, and for other purposes.
Also an act to repeal an' act of 1853 & 4, So far as Deca¬
tur county is concerned. *
Also an act to authorize the Governor of this State to
cause to b© established at some acceSsable and "convenient
place in this State, a State foundry, ^nd f°r other, purpo¬
ses,
Also an act to compel all persons- non-residents of the
counties of Wayne, Irwin and Wilcox, owning, penning
and grazing stopk cattle in said counties, to return and pay
tax on the same in said counties.
Also an act to compensate the Tax Receiver of Marion
county for services rendered. «
Also an act to incorporate the- Ben Hill Academy, in
Emanuel cQunty, and appoint Trustees for the same.,
Also'an act to repeal an act consolidating the offices of
clerk of the Superior and Inferior courts of Haralson, and
for other purposes.
Also an act to authorize the inferior Court of Lumpkin
to levy a tax for certain purposes. *
Also to a°t to incorporate thte Atlanta' Mutual Insurance
and Stock company. ' j
Also an act to incorporate the Columbus and Whiteville
Railroad company.
494
JOURNAL OF THE HOUSE.
AJso an act to provide for the* payment of persons apj
pointed by Judges of the Superior courts of the counties of
Burke, Banks, Chathaip, Coinmbias, and Floyd, in the trial
of criminal cases.
The following message was received front His Excellen¬
cy the Governor, by Mr. Campbell, lli,s Secretary1, to wit:
Mr. Speaker:—The Governor has signed , the following
Acts to-wit:
An act to alter and amend an act pointing out the mode
of collecting a certain description of debts therein men¬
tioned, approved December 19th, 1818, and to extend the
provisions of the saihe so ate to embrace corporations, ap¬
proved Dec, J 1th, 18-58.
An act to authorize the Judges of the "Superior Courts
of this State to allow special and Petit Jurors such refresh¬
ments as the presiding Judge may deem meet and juuper
while said Jurors may be engaged in tbe investigation pf
any cautee, and to authorize said Judge to draw his warrant
on the County Treasurer of the county where such inves¬
tigation may be made for the payment of the same.
An act to alter and amend the second section of an pet,
approved, January 21st, 1S52, and for other purposes there¬
in mentioned.
An act to amend the Road Laws off this State, approved
19th December, 1818, and to punish persons for violating
the same.
An act ■ to levy a tax on Ull goods peddled in this
State, or sales by sample or otherwise, by itinerant drum¬
mers, «or other persons, and for other purposes.
An act to repeal an act amendatory of the tenth section
of the tenth division of the Penal Code of Georgia, and
for other purposes.
An act to require securities and endorsers, when they
give "notice, to do so in writing.
An act to abolish the public execution of criminals con¬
demned to death by tbe laws of Georgia, upon certain con¬
ditions, &c., and to provide for their execution in private.
An act to appropriate money for the support of Govern¬
ment, for fhe political year 1860, and to make certain spe¬
cial appropriations, and for other purposes therein named.
The following Message was received from the Senate by
Mr. West, their Secretary :
A/r. Speaker ; The Senate hag concurred in the oj'd, 4th
and 6th amendments, but refuses to concur iu the 1st, 2d
and 5th amendments qf the Mouse of Representatives tp
A bill, to be entitled au act to change the line between
the counties of Madison and Jackson, between Floyd and
Polk, between Macon and Taylor, between Wilcox and Pu-
FRIDAY, DECEMBER, 16th, 1859. 495
laski, between Sumter > and Macon, between Merriwether
and Coweta, and to amend the caption of an act assented
to Dec. 11th, 1859, entitled an act to change the line be¬
tween the counties of Ware hnd Pierce ; and also to change
the line between other counties herein'mentioned.
That the Senate refuses ta concur in amendment of the
House of Representatives to a b^ll to be entitled an act, to
alter and amend the first section of the third article of the
Constitution, as to the place or places of the sitting of the
Supreme Court of this State.
Mr. Lumpkin from the committee on enrollment reports as
duty enrolled, and ready for tlin signature of the Speaker of
tire House of Representatives,
An act to incorporate the Indian Creek Baptist Church, in
the county of 'Franklin and to appoint Trustees for the
same,
Also, an act to authorize the Ordinary of Baldwin coun¬
ty, to pay over to S M Candler the sum of two hundred and
three dollars and ninety cents, for teaching poor • children in
said county, also to authorize him to pay to L. Catrington,
thirty-one dollars and sixty-six cent balance due him foj
teaching poor children in said county for the year 1858.
Also, an act to erect the monument of Governor Jared B>
win in the town pf Sandersville.
Also, an act to amend the act of the llthDec., 185S, in
relation to the returns of Lottery Managers, and Insurance
Companies and Express Companies doing business in this
State, and to postpone the operations 'of an act entitled an
act to regulate the Agencies ofForeign Insurance Companies,
and to provide for the appointment of an Insurance Commis¬
sioner, approved Dec. 14th, 1859.
Also, an act for the relief of Mrs. Isabella Adams, of the
county of Murray.
Also, an act to alter and amend an act passed on the 22d
day of December, 1857, entitled an act to encourage persons
making a wdllto provide a permanent fund for'the Collegiate
preparation, and education • of indigent boys and young
men.
Also, an act to allow persons to make a return, of their
taxable property to the Clerk of the Superior Court, in cer¬
tain cases, and for other purposes therein mentioned.
Also, an act to iiicorporate Gordon Grove (No. 1,) number
one " United Ancient Order of Druids" M. A. O. D. located
and working in Savannah, the objects and principles of the
order being the diffusion of social and intellectual inter¬
course amongst members, and the establishment of a system
of philanthropy, and for other purposes.
Also, an act to prevent the killing of Deer in the county
of Scriven.
496
JOURNAL OF THE HOUSE,
Also, an act to constitute the town of Cuthbert, Randolph
county, to grant certain privileges by election and other
means.
Also, an act to incorporate a Volunteer Corps of Infantry
in tlie'city of Greenborough, and also a Volunteer Corps in
Covington, and in Monroe in the county of "Walton.
Also, an act for the relief of Francis Daniel, Sheriff of the
county of Dade,
Also, an act to incorporate the Macon Guards, to author¬
ize the Governor to furnish them with arms and accoutre¬
ments aild to grant certain immunities and privileges to the
same.
Also, an act to exempt from taxation one acre of land in
the county of Montgomery, appropriated as the burial place
of George M. Troup, deceased, aud to constitute tliO Justices
of the Inferior Court of said county, Trustees for the protec¬
tion thereof,
Also, an act to authorize the Justices of the Inferior Court
of Gilmer county, to levy and collect an extra tax for the
purposes of paying the county debt.
Also, an act to alter and amend the third section of the
first article and the second section of the 2d article of the
Constitution of the State of Georgia, by striking out the word
" Monday" when it appears in each of said sections and in¬
serting in lieu thereof the word "Wednesday" and insert¬
ing also in the said third section, the words " House of Rep¬
resentatives and members to Congress" after the word
Senate."
Also, an act to change the lines between the counties of
Thomas and Mitchell, so as to include the residence of E.
H. Taylor, of the county of Thomas within the county of
Mitchell.
Also, an act to change the county line between the coun¬
ties of Ware and Pierce.
. Also, an act to incorporate the Quitman Guards and the
Delhi Rangers, and to grant them certain powers and priv¬
ileges.
Mr. Key from the committee on enrollment reported as
duly enrolled, signed by the President of the Senate, and
ready for the signature of the Speaker of the House of Rep¬
resentatives :
An act to compensate the Sheriffs of Jefferson county for
service of subpoenas on Grand and Petit Jurors, and for
other purposes.
Also, an act to change the line between Baker and Early
counties, and for other purposes;
Also, an act to provide for the election of a county Treas¬
urer in certain counties of this State.
FRIDAY, DECEMBER 16th, 1859. 497
Also, an act to authorize the Ordinaries of Whitfield and
t)ad6 Counties, to pay teachers of po6r children. 4 t
Also, an act to consolidate land, amend the several acts in¬
corporating Cartetsville in C&ss county.
Also qfi act to compel Justices of the Ifeace ifr the coun¬
ties of Rabun, Catoosa, Milton, Murray aqd Whitfield, to
give Jxrnd and security, and for other purposes,
Als6, an act to aniend and interpret an act for the relief of
certain teachers of poor cfiilclren in Decatur county/and for
other purposes.
Also, an act to incorporate the Georgia Internal Improve¬
ment Association. '
AlSo, ah act to explain the 10th section of the loth division
of the Penal Code of this State. ,
Also., an act to make valid certain sales ot real estate here¬
tofore made by' ExecutCrs, Administrators and Guardi'ans of
this State.
Also, an act to submit .the questioh of the removal of the
pounty site of the county of Montgomery to the voter^, and
for other purposes.
Also, an act tQ amend and limit the time in which
suits-in the Coxirts of Law in tfiis State must bp broitght,
and for other purposes.
Also, ^an act to incorporate a Corps of Infantry in the
towri of Jonesboro, in the county of Clayton, to be known
as the Clayton Volunteers, and for pther purposes., *
Also, an act to incorporate the town of Bainbridge, and
for other purposes.
Also, an act to amend the chartpr ofi the Elijay Rqilroad
Company, and for other purposes.
Also, an act to authorize the Ordinaries of DeKalb and
Gwinnett counties 16 pay teachers of poor children for
the years 18-57 and 1858.
Also, an act to incorporate the town of Homer in Banks
county, and for other purposes.
Also, an act to repeal so much of an "act to appoint* county
Treasurers and define their duties in the counties of Forsyth,
Newton, Hall and Baker, and for Other purposes.
Also, an act to incorporate the town of Summdrville in
Emanuel county, and for other purposes.
Also, an act to allow the Ordinaries of Talbot, Newton,
Cobb, Columbia and Hart, to pay teachers of poor children
ih said counties, aild for other purposes.
Also, an act to hlter, ameiui and define an act to provide
for the Education of the children of this State be¬
tween cerfioij ages, so far as the same relates to Dade
county, and for other purposes.
Also, an act to repeal a part of the first, section 6f the 3d
article of the Constitution of' this State, and fot other pur-
posfes.
32
JOURNAL OF THE HOUSE.
Also, an act amendatory of an act of 1857 to provide
against the forfeiture of the several^ Bank charters m this
State for non-specie payment for a givdn time, and for other
purposes.
Also, an act to authorize the Thomaston and Barnesville
Railroad Company to construct and extend their Railroad to
some point on the Muscogee Railroad* and for other pur¬
poses.
Also, an act to require the several Treasurers of the sev¬
eral school districts of Lumpkin and Screven to return their
unexpended balances of school funds in their hands to the Or¬
dinaries of said counties.
' Also, an act to define and punish vagrancy in free persons
of color in this State, and for other purposes.
' Also, an act to recognize under certain circumstances the
bdundary Tine between the States of G-eorgia and Florida,
and for other purposes.
Also, an act to extend the corporate limits of the town of
Hamilton, and for other purppseS.
Also, an act to prevent free persons of cdlor, commonly
known as free negroes from being brought on coming into
the State of Georgia.
The following Message was received from the Senate by
Mr. West, their Secretary :
The Senate have passed the following hills ,of the House
of Representatives, fo-wit:
A bill to be entitled an act to reduce the work 011 roads in
the county of Johnson.
Also, a bill to be entitled an act tp allow and authorize,
the Justices of the Peace in the city of Augusta, to hold their
Courts, at any place they may designate in said city, and to
increase their jurisdiction, and for other purposes.
Also, a bill to be .entitled an act to reduce the Sheriffs
bond in the county of Johnson.
Also, a bill to be entitled an act to exempt negroes em¬
ployed by constractorsin the construction of Railroads from
liability to work on Roads, on certain conditions.
Also, a bill to be entitled an act.to incorporate the Cher¬
okee Manufacturing Company, located in Cherokee county,
Georgia, and to define the, rights, privileges, and liabilities
of the same.
Also, a bill to be entitled an act for the relief of Johson P.
Wellborn of the county of Union.
Also, a bill to he entitled an act to relieve James R. Wal¬
ker, of the county of Upson, from the disabilities of minori¬
ty, andfot other purposes therein mentioned.
Alsd, a bill to be entitled an act to "jompensate managers
of elections in Warren, Chattooga and Greene counties, and
for other purposes.
FRlDAt* DECEMBER 16t;H, 1859. 499
Also, a Dill to be entitled an act to incorporate a bridge
across Flitit River, ifi the first district of Rjke county.
Also, a bill toj be entitled an act to incorporate the Mari¬
etta Paper Mill Company, and for other purposes.
Also, a bill to be entitled ah act to ipcorponate the Cal¬
houn apd Ellijay Turnpike Company, and to confer certain
powers and privileges upon the same.
Also, a bill to be entitled an act to allow tfi$ Justices of
fchd Inferior Court of Dawson county, to levy %anel co'lect a
poor tax for said county not to exceed twenty-five per cent
on the General Tax.
Also, a bill to be entitled an act to ptovide for the* pay¬
ment of Officers presiding at the polls, on elections hereafter
to bd held In Taliaferro county, and for other purposes there¬
in mentioned.
Also, a bill to be entitled an to amend an act to provide fo?
the registry of voters, m the city of Augusta,-approved Feb.
15th, 1856, and to extend the powers of the Repordei,of said
city in relation to free negroes, and for o'ther purposes,
The Senate have also concurred in a resolution auhliofiz-%
ing the Governor, to have all the useless articles in the Ar¬
senal at Milledgeville Sold.
The Senate has also passed a bill of the House of Repre¬
sentatives with an amendment, in which they ask the con¬
currence of the House to-vHt:
A bill to compensate James Hamilton for services rendered
this State as Commissioner and Surveyor in 1856.
The following message*was received from the Senate, by
MA West, their Secretary.
Mr. Speaker t The Senate havd parsed the following tbills,
of the House* of Representatives*
A bill to be entitled an act to amend an act, approved the
£0th of March, 1854, in relation to patrols, and fpr other
purposes, so far as the same relates to the county of Rich¬
mond.
« Also, a bill to be entitled an act, to incorporate a Volun¬
teer corps of Artillery in the town .of Athene and to grant
unto it certaip privileges.
Also, a bill to be entitled" an act to alter and change the
name and style of the " Mechanics Savmgs.Bank" to the
corporate name and style of the " Farmers and. Mechanic?
Bank" and for other purposes connected with said change of
name and style.
Also, a bill to be entitled an act to prevent free negroes
and slaves from keeping eating houses and from living sep¬
arate and apaj-t frpm their owners, hirers or Guardians, and
500 JOURNAL QF THE HOUSE,
to prevent their trafficking and trading in the town of Craw-
lb rdville, and the town of Warrenton in this State, and to
prescribe punishment for the same^ and for other purposes.
Also, a bill to be entitled an act to endow Florence E.
Winn, a minor of Liberty county, Georgia with all the rights
and privileges of majority. #
A1 so, a bijl to be entitled an act, to change the county
lines between the counties of Milton and. DeKalb, and Mil¬
ton and Gwinnett, and define the line between the cpunfies
6f Early and Miller.
Also, a bill to be entitled an act, to repeal the first, Sec¬
ond and third sections of an act to prescribe certain r&les
and regulations to f)e observed by the several Railroad Com¬
panies in running engines upon their respective tracks and
annex a penally for the violation of the same, approved
January' 22d, 1852, and to substitute two sections in lieitof
of said second and £hird sections.
A»!s6, a,bill to be entitled an act for the relief of John T.
Martin of the cotinty of Hancock.
Al so, a bill to be entitled an act to incorporate a medical
Oblh ge m - the ejty of Griffin to be called' the Middle Geor¬
gia M ediqaf College.
Also, a bill to be entitled an act to authorize the chair¬
man and commissioners 6f the town of Louisville, to tax
free person of color, retailers of spirituos liquors, billiard ta¬
bles, teil pin alleys, show men, itinerant traders, Hawkers,
Peddhirs, &c., to impose a tgx upon, citizens of the town to
sell wnole, pr parts uf streets, to prescribe the tinle of hold¬
ing elections for chairman and commissioners of the town
and in the event of their being no election, to authorize the
old board to continue in office and tQ give them municipal
authority over the Academy pudding in said town, and to
incorporate Waresboro*
Also a bill to be entitled -an act to fix the pay of the
Guards ,of the State Penitentiary for the future.
Also, a bill to he entitled an act to incorporate the South
Western* Magnetic Telegraph company and for other pur¬
poses.
Alsp, a bill to be entitled an act to authorize Whitmill
Home of tbe county of Bibb to practice Medicine and to
charge and collect compensation for the same.
Also a bfll to he entitled an act, to add land lot, number
'three hundred! and forty five in the thirteenth district of
Thoiwas coknty to the county of Colquitt, and to change so
far the oounty lines..
Also, a bill to be entitled an act,,to amend the fifth sec¬
tion of an act, parsed on the 27th of January. 1S52, entitled
ap act'mpre .effectually to prevent fraud in elections in thif
Statfj, and to detect and punish the samp. !
Also, a bill to be entitled an act to incorporate a Volun
FRIDAl, DECEMBER 10th, 1859.
501
teer Military company' in the toWn 'of Fort Gaines, and al¬
so, the l(inooln Yolunteerfc, and confer upon them certain
privileges herein named. ,
Also, a bill to be entitled an act to authorize the Ordina¬
ry of Marion county to pay over to E. H. Winn his poor
school account for the yeaf 1853$ also, the. Ordinaries o'f
Talbot, TWrell and Clinch Counties, to pay acpoU'nts there¬
in specified. t
Also, a bill to be' entitled an act, to alter and amend the
road layvs of'this State, so far as relates to' the counties of
Quttman. Sumter, > Stewart, Chattahoochee, Talbot Gifiner,
Miller, Milton, Webster4, Bibb, Terrell, Baldwin', Jackson,
Floyd,.Greene, Troup,'Clarke^ "Fulton, Dawson, Burke,
Murray, DeKalb and Haralson. • '
Also, a bill to be 'entitled an act for the relief -of Chafles
S. t)liyer and Charles J. Oliver of Clarke courity.
Also, a bpl to be entitled an act t'o alter and amend pn
act to define and establish the >fe,es of Ordinaries, Clerks of
the .Superior and Inferior Courts', Sheriffs., Jailors,1 Justices4
of the Peaee, and Co'nstables .of this State,, and ftm qther
purposes, so far as relatek to the fees.of Sheriffs in the coun¬
ties of Cass, Bade and, Chattooga.' •
Also, a bill to be entitled an act for the relief of the heirs
of Everett Wells, deceased.
Also, a bill to be entitled an act,,to incorporate the city
Gas Light company in' the" city .of Augusta. '•
The Senate have also passep.the following bills of the
House of Representatives, with amendments, in which ask
the'concurrence of the House.
A bill to be entitled an act to declare the law in regard
to deeds to land made during adverse.possesion.
Also, a bill to be entitled an aht to' incorporate the town
of Fort Gaines, in-the coUnty of Clay, to define'its jurisdic¬
tional limits,. and for other purposes .therein mentioned.'
Also, a bill to be entitled an.act to amend the Judiciary
act of Georgia, So far as relates to the county of Mcintosh,
and to require Magistrates in this State to consolidate suits
brought at the same term between the same parties if the
.aggregate do noi exceed fifty dollars. 1
The SenatC have refused to concur in the amendment of
the House to. a .bill of the Senate entitled
A bill to be entitled an act, to repeal the 5th section ofian
act to chatige and fix; the time of holding the Superior courts
of the county of Lumpkin, and to authorize the drawing
and summoning of Grand and Betit Jurors foi; said Couits,
approved 11th December, 1858, arid to 'add the county of
Lumpkin, to the Western Circuit, and to authorize the hold¬
ing of said courts on the fourth Monday in March and
September,
m Journal of the house.
They have also concurred in a resolution of the House oij
Representatives in relation to the pardon of Thomas G.
Whitworth, with an amendment, m which, they ask the
concurrence of the House* >
'The House took up and, cqnpurrecf in the Senate amend¬
ments to the following bfllsof the House# fo wit:^
A bill to compensate James Hamilton for services ren¬
dered the State ms commissioner and Surveyor, in lS-56?
A hill to declare the law in, regard to* deeds to land made
during adverse possession,.
The House concurred in the amendment of the jSenate^
relative to the Turppikenpmpany in the bill to incorporate-
the town of Ft. Gaines, and for other pin-poses, jand insists
on the remaining amendment; #nd the Senate amendments
to the bill of the House to amend the-Tudiciary pot df Geor¬
gia,,so fa£ as relates to ihe county of Mcintosh, and adhered
to the amendment of the bill to repeal, the fifth section of hn
act changing the time pf holding the 'Superior ppurfs of
Lumpkin ©ounty &c»
The Senate resolution relative tp jbhe sale pf the useless
arms in the Arsenal of this State and fhe purchase of new
and improved arms in their steady was taken up, pnd con¬
curred in.
The Senate amendment of the House resolution relative
to the pardon of Thomas C. Whit worth was. concurred in.
♦The House receded #fr»mi their amendment tp the,hill of
the Senate to alter and amend jfche 1st section of the 3rd Ar¬
ticle of the Constitution as the plact or plaeeg pf the siffi,n«
of the Gup rem e court of fliis State.
The House receded from their 1st, 2nd, and 5th amend¬
ments of the Senate bill changing thelites between fhe ctun-
tied ©f Madison knd Jackson, and between otkef counting
therein mentioned.
The following communication was received froimJai^s
J. Diamond, Clerk, of House of Representatives* to wit:
hou&E of REPRESENTATIVES,
MilLedgeville, Ga., Dec. 16th, 1S59.-
Hon. Speaker, apd members of the House of ■ Representa¬
tives ; ' '
,Cmcmnstances of n priVate nature render it necessary thtf
the comiection which I have held with you in the capacity
of Clef]* of ypur'honorable body dufing the present session
of the General Assembly must* now tfe dissolved.
'In tendering, nay ^ resignation, permit my to assure you,
that I remember with pride, tye flattering "unanimity with
which I was chosen at the beginning of youy deliberation^
FRIDAY, DECEMBER 16th, 1859. 503
"Whilst I have endeavored to discharge the duties which
haVe devolved upon me with a fidelity duett) the responsi¬
ble position, I ask that my short comings may he regarded
with that indtilgence due to inexperience and the frailties of '
our common nature.
AW tli many thanks, gentleman, for the courtesies you
have ever seemed ready to .offer me, and with the heartfelt
wish that harmony may continue in your deliberations, and
that prosperity and happiness may attend you individually,
I subscribe myself,
Your humble servant,
JAS. J. DIAMOND.
Mr. McWhorter of Greene'offered the following resolu-"
tions, which wetetakfen up,- and unanimously agreed to,- to
Avit :
Resolved, That the House having accepted the resigna¬
tion of James J. Diamond, Esq.J their late Clerk, it takes
this occasion to manifest regret in parting with such an
agreeable, faithful and efficient officer. A gentleman wh'o
has discharged the dutiespf his office with honor to himself,
and to the entire satisfaction of each and every member of
this House. As a business man, he is prompt and energet¬
ic, and as a gentleman, polite and courteous. We dissolve
this connection with reluctance, and hereby tender to him
pur undivided wishes for his future success and happiness,"
wherever, under the dispensation of Divine Providence Iris
his lot may be cast
Resolved, That a certfied copy of these resolutions.be fur¬
nished to J. J. Diamond, Esq. *
On motion of Mr. McWhorter of Greene, George Hillyer
pf the county of AValton was unanimously chosen Clerk of
the House of Representatives to fill the unexpired term of
Jas. J. Diamond, Esq. (
. The Clerk elect took the oath of office and entered upon
the ^discharge of, the duties of his position.
The House tlien adjourned until 3£ o'clock, P. M.
3£ O'CLOCK, P. M.
The House met pursuant to adjournment.
The following message was received from the Senate, by
Mr. AVest, their Secretary.
Mr. Speaker: The Senate have passed,
JOURNAL 6F THE HOUSE.
A bifk to he entitled an act, to authorize the Jnstmeg of
the, Inferipr Court vof Muscogee county, or a majority of
them, tp levy an extra tax, for a certain purpose .herein men¬
tioned.
Also a bill, to be entitled an act, to incorporate the Mid¬
dle Georgia Telegraph, (pompany.
Also a bill, to change the name of the Dalton and Gadsen
Railroad Company to that of the Dalton and JacksonyilJe
Railroad Company and for other purposes.
Also a bill, to be entitled an act, to prevent the shooting,
netting and hunting of partridges, doves, snipes, _ turkeys,
ducks, or* other pine birds, "in Richmond county, within cer¬
tain times and tor other purposes.
Alsp'ar.bilJ, to be pntitled an apt, tp extend the time for
the Chefokee Volunteers to present thetfr claims, under the
provisions of an act, approved March dd, 1856, and to au¬
thorise the payment of claims fox rations andforagd furnish¬
ed to Captain Witcher's Compahy, in 1S38.
Also a bill, to he entitled an act for the relief of John A.
Bartlette and Lucincla Ellis, pf the cohnt^ hfBihb, and to
legalize their marriage.
Also a bill, to be entitled an act, to authorize the cfrdina-,
ry of DeKalb county, to pay oveVto William A. Stansel,
the sum of three hundred and forty-eight dollars and ninety
cents for teaching poor children, in tepid cotmty,for the years
1855 and 1856.
Atso a bill, to be entitled an act, to authorize the Ordina¬
ry of Habersham and White counties, to pay off all accounts
for teaching the poor children, previous to the year 1859.
Also^a bill, to be entitled an act, to alter and; amend* the
law of defecents, in cases of persons yviio are illegitimate, or
born out of lawful wedlock, dying intestate.
'Also a bilk to be entitled an act, to make the Ordinary1 of
Jasper county, cx-officio School Commissioner, to require
bond of Lim as such, to prescribe his duties, to authorize the
Grand Jury of said county to levy an extra tax for school
purposes,, to select those children entitled to the same, and
to| prescribe for the location and government pf schools
in said county.
Also a bill, to be entitled an act, to appropriate one hun¬
dred and fifty dollars to the county of Dawson, to supply
the deficit in the school fund, for the year 1S58, and to eoip-
pel the School Commissioners, of Franklin and Habersham
counties to pay arrearages due poor children, for 1858, out
of the school fund for 1§59, before paying teachers for
1{359.
Alsb a bill, to be entitled an act, tp kuthoxize the Mayor
and "Council of the city of Lagrang^, levy an extra tax*,
«nd for other purpose^.
Also a bill, to be entitled an act, to endow Florence E.
FRIDAY, DECEMBER 16th, 1859.
505
Winn, $ minor, of" Liberty country, Georgia, with all tfie,
rights and privileges t>f majority. ■ *' • '
Also a bill, to be entitled an, act, to exempt froip taxation
cettain persons, apd for other purposes.
The Senate have also passed tfie following bills of the
House of Representatives, with amendments, in which they
ash the .concurrence of the House, to, wit;
A bill, to be entitled an apt, to incorporate tfie 'town of
Powder Springs, and the Powder Springs High School, in
the county of Cobb*, the Trenton Cumberland, Presbyteri¬
an Church, in the county of Dade, and to incorporate the
village of Botsford, in the county 'of Sumter, an'd for other
purposes. t '
Also a bill, to be entitled an act, to incorporate the £ul-
verton Academy, in Hancock county.
Also a bill, to incorporate the Union Male and Eemale
Academy, in the chuuty of Greene, and to appoint Trustees
for the same, and for other purposes.
Also a bill, to be entitled an a6t to amend an acj:, ap¬
proved on the 4th March, '1856, incorporating the Bank
of Sparta, to confer certain privileges on the, Corporators
therein named, and to provide for the construction of a Rail
Road .from Sparta, Tennille, or '.any other point on the
Central Rail Road. ' '
The Senate has agreed to. a*resolution, that the bill for
the pardon of John Fundy, the veto message of the Gpver-
nor, in reference to said "bill, and all other papers for a full,
and fair hearing in the Supreme Court, be placed on die, in
the office of Secretary of State, and that the Secretary pf'
State do, on application of any person, prepare a copy of
siid bill, and other papers aforesaid mentioned, duly .certi¬
fied under his seal of office, and do deliver such copy or
copies, &c., to any person applying for the same,' for the.
purpose 'of using such copy or copies in said Court, and in
which they ask the concurrence of the House.
The Senate has concurred in the 1st amendment, but refu¬
sed to concur in the 2nd amendment of the House ox Repre¬
sentatives, to a resolution authorizing. tlie Governor to ap¬
point Cbpimissioners to Europe, to establish direct commer¬
cial intercourse with the Cotton Planting States.,
The following message was received from the Senate, by
Mr. West, their Secretary:
' Mr. Speaker: The Senate have passed the following reso¬
lutions of the House of Representatives, to wit;
A resolution, authorizing Dr. John W. Lewis, Superin-
506 JOURNAL OF THE HOUSE.
tendent of ;the Western and Atlantic Railroad to retain in
his hands a sum *of money, and to allow him to occupy ^
dwelling adjacent to the depot, free of rent charge.
Also a resolution, allowing' th,e Secretary of the Senate^
and Clerk of the House of Representatives time to make
out a transcript <?f the Journals, in certain cases of Par¬
don. *
They have also concurred in a resolution bf the House,
instructing and requesting our Senators and Representa¬
tives in Congress, to use their influence to procure a Hack
Line, from Ellijay via Jasper, Pickens county, to Ball Grond,
theftce to Canton, Cherokee county, and that His Excellen¬
cy the Gfovernor furnish each of our members in Congress
with a copy of this resolution.
Mr. Lumpkin, from the committee on enrolment report¬
ed as duly enrolled, and ready for the signature pf the
Speaker of the House »of Representatives.
Ay act to alter and change the name of and style of the
Mechanics' Saving Bank to the corporate name and style of
the Farmers' and Mechanics' Bank, and for other purposes.
Also, an act to amend the charter of the American At¬
lantic Screw* Ssteamship Company; granted, 19 th Decem¬
ber, 1857, and to allow an increase of capital of the said,
Company*, and to incorporate the National Steamship Com¬
pany of the State of Georgia.
Also, an act to fix the pay of the Guard of the State1
Penitentiary for the future.
Also, an act to prevent the peddling of spiritous liquors
in Greene, and other counties of this State therein men¬
tioned.
Also, an act to incbrporate a Volunteer Corps of Artil¬
lery in the town of Athens, aftd to grant unto it certain
privileges.
Also, an act to apportion the Representatives amon<+ the
several counties of this State, according to the requirements
of the Constitution.
Also>, an act to- alter and amend the Road Laws of this
State, So far as relates to the coftnties of Quitman, an<^
others, therein mentioned.
Also, an act to incorporate the Mutual Building and
Lban Association of Columbus, aud the Phoenix Loan and
• Btiildiug Association in the city of Atlanta.
Also, an act to authorize the Ordinary of Marion county,
to pay E. H. Winn his-'poor school account for the, year
1853.
^ Also, the Ordinaries of Talbot, Terrell and Clinch coun¬
ties to pay certain accounts therein specified.
Also, an act to authorize Whitiftill Home, of the coun¬
ty of Bibb, to practice Medicine, &nd to charge and collect
compensation for the same.
FRIDAY, DECEMBER 16T&, 18(59. §07
Also, ^ act to prevent fee negroes apd,slaves from peep¬
ing eating tables, and from living separate and apart from
then iowners, hirers or Guardians, and4 to prevent their traf¬
ficking and trading <in the town of Crawford ville, and the
town of Warrenton, in this State, and to prescribe punish*
ment for fhesame, and for other purposes.* • , r
Also, an act to alter and amend an act to define ,anff estab¬
lish the fees of, Ordinaries, Clerks of the Superior and Infe¬
rior Courts, Sheriffs, Jailors, Justices of the Peace, and
constables of this State, and for other purposes, so. far,as
relates to the fees ©f Sheriffs in the counties of Cassl5 Dade
tbnd, Chattoogai . • * *
Also, an act*to incorporate the South, Western Magnetic
Telegraph Company, and for'other purposes.
Also, an act-to add lot of land number three hundred and
fifty-live, in the thirteenth district of Thomas coupty, ho
thq county; bf Colquitt. , 4 #
Also," an act for the relief of John T. Martin, of the cbun-
ty of H ajncock. ,
Also, an act to incorporate the city gas light Company in
Augusta, Georgia.
Also, an act for the relief of Charles S. Oliver and Chas.,
J. Oliver, of Clark .county.
The following Message was received from the Senate, by
Mr. Wq«t, their Secretary. *
Mr. Speaker: The Shnate have' agreed to a resolution to
appoint a. committee to waif upon, His Excellency the Govt
erffor, affd inform"'him that both branches of the General
Assembly are now ready to adjourn sine' die, and to ascer¬
tain if he has any further communication to make to either
branch fhereof. *
The skie was cerrcurred in, and the Speaker appointed
oh the part of *the House Messrs. Colvard, Price and Fan¬
nin of Morgan.
The House concurred in the. Senate Resolution relative
to the bill for the pardon of John Funday now under sep-
tence of death for the crime -of murder; and,to the Senate
amendments to the following bills, to-wit:
A bill to incorporate the town, of Powder Springs, &c.?
&c. \ • ,
A bill to endow Florence E. Winn, of Liberty county,
with the rights and privile'ges of majority.
A bill to incorporate the Culverton Academy in Hancock
county, &c: ' '
A bill to amend an act approved on the 4th of March,
1656, incorporating the Bgpk of Sparta,, and for other pur¬
poses. , . , X
The House "also concurred in the Senate amendments to
508
JOURNAL OF THE HOUSE,
the House Resolution' relative to the establisMnemt ©£ a cer¬
tain hiail route.
The Hohse ^eheded from its amendment to the Senate
Resolution relative to the appointment of a Commission to
Eufbpe, &rc.
Mr. Lewis of Greene, offered theft following Resolution,
which Was takerf hp1, read, apd unanimously agreed to .
Resolved,-, That the thanks of the House of Representa¬
tives are due, ahd are hereby tendered, hot as a matter of
usfihl* fornj, but as coming warm froiir the heart* tb the Hon.
I. T. Irwin*, for the faithful, abfe and fnlpartial manner
in which he has discharged the arduous and difficult duties
of Speaker, and'the marked ability which hag distinguished
his administration of parliamentary law.
Mr. Cnlljkis of Clay, offered the ^following Resolution,
which was agreed to unanimously* to-wit r
Rdsohed, That the thinks ot the House of Representa¬
tives,, be returned to the Hon. David W* Lewis for the able
and impartial manner in whiph he has discharged his dutiOS
as Speaker pro-thm. during the present session.
Mr. McWhorter of Greene, offered" the following Resolu¬
tion, which was Unanimously adopted, to-wit:
Resolved, That George S. Hillyeris entitled to the thanks
of thfs House, for the faithful and able madper in which he
has discharged the duties of Assistant Clerk, and that We
hail with pleasure the assurance we have that the vacancy
made this day in the Clerkship by the resignation of ow
amiable and efficient Clerk, James J. Diamond, will be so
well filled by his unanimous election thisday to that impor¬
tant office,
Mr. Goodman offered the following* Resolution* which
was taken up, read, and unanimously adopted* to-wit:
Resolved, That the thanks of this House be returned to
our Journalizing Cle'rk, JacksOn Troup Taylor, for the
prompt and efficient manner in which he has performed his
duties.
Thd thanks of the House were jointly and unanimously
tendered to Jesse Oslin, of Cobb, Messenger, and R. H. Ad-
kins, of bglethorpe, Door Keeper Oi the Hofise of Repre¬
sentatives, for the faithful and polite manner in which they
h&ve performed their respective official duties.
Mr. Key, from tfie committee on enrolment, reported as
duly enrolled, signed by the President of the Senate, and
ready for the signature of the Speaker of the Bouse of
Representatives.
An act to change the line between the counties of Tay¬
lor apd Schley.
Also, an act for the relief Lemuel Webb, of Early
County. ,
Also, ah net In "incorporate the Calhoun and Roane Rail
FRIDAY, DECEMBER, 16tS, 1S59. 509
Road Company, and to grant certain powers and privileges
to said company.
Also, an act to amend an act of 1835, Incorpqtating pie
town of Lafayette, in Walker county; and to extend the
provisions of an act to grapt certain privileges and powers
to the Griffin Light Guards, in the pity of Griffin, .Spalding
©ounty, and other Companies therein named. Assented to
December 22d, 1851. To the, Cuthbert Rifles, a Military
Company in tbe city gf Cuthbert, and for other purposes.
Also, an act to alter and gmpnd an acp eutitled an act, to
provide for tbe education of tbe children of this State be¬
tween certain ages, and to provide an annual sinking fund
for the extinguishment, of the public debt. Assented to
■December 11th, 1858.
Also, a Resolution in relation to the pardon of William
A, Choice,
The following Message was received from the Senate, by
Mr. West, their Secretary.
Mr. Spea.ktr:—The Senate .have passed
A bill to be entitled an act to cpmpensate the Grand and
Petit Jurors of the counties of Dougherty, Pau,lding, Ter-
relli, Merriwether, and Petit Jurors of the counties of Mari¬
on and Putnam, and provide for the same, by a constitution¬
al majority over the veto of his Excellency the Governor
hy a, vote of 51 yeas, to 20 nays.
The following Message was received from the Senate by
Mr. Wes^5 their Secretary: •
Mr. Speaker: Tbe Senate insists upon their amendment
to the bill of the House of Representatives, to be entitled
an act to incorporate the town of Fort Gaines, in, the coun¬
ty of Clay, to define its jurisdietiondl limits, and for other
purposes therein mentioned, 4nd have appointed a commit¬
tee of conference consisting of Messrs. Burnett, Harris of
Worth, and Flewellen, on the part of the Senate.
The Speaker appointed Messrs Cullens, Brown of Sumter
and Lester, as the ponferenpe Committee of the House, on
the amendment of the House to the'Senate bill relative to
the incorporation, &c., of the town of Fort Gaines, in Clay
county, the Senate refusing to concur in, and the House to
recede from the same.
f
Mr, Lumpkin, from the Committee on Enrollment, reported
as duly enrolled, and ready for the signature of the Speaker
of the Bfo^se of Representatives s
Au act to change the lines between the coupties of Irwin
and Coffee, and also between the pounties of Taylor and
Schley.
510
JOURNAL OF THE HOUSE.
Also an act to relieve James R. Walker, of tlie comity of
Upson, from the disabilities of minority, and for other
purposes therein mentioned.
Also fin act to amend the fifth section of an act passed
on the 27th January, 1852, entitled an act to prevent fraud
in elections in this State, and • to detect and punish the
same. »
Also an act to amend an act approved 20th March 1854,
in relation to Patrols, and for other purposes, so far as
relates to the county of Richmond.
Also'an act to incorporate Clayton High School, and the
Union Male and Female Academy, of the county of Greene.
Also an act to incorporate the Cherokee Manufacturing
company, located in Cherokee county, Georgia, and to de¬
fine the rights, privileges, and liabilities of the same.
Also an act to incorporate a Volunteer Military Company
in the town of Fort Gaines, and also the Lincoln Volun¬
teers, and confer upon them certain privileges herein pant¬
ed. .
Also an act to declare certain words slanderous and ac¬
tionable per se. and for other purposes-
Also an act to incorporate a medical college, in the city of
Griffin to be called the Middle Georgia Medical College.
Also an act for the relief of Johnson P. Wellborn, of the
county of Union.
Also to compensate Managers of Elections in Wrren,
Chattooga and Greene counties, and for other purpo-es.
Also an act to change the county lines between the
counties of Milton and DeKalb, and Milton and Gwunett,
and define the line between the counties of Early and Mil¬
der.
Also an act to incorporate a Bridge across the Flint Riv-
br, in the First District of Pike county.
1 Also an act to prevent the shooting, netting, and hunting
of partridges, doves, snipes, turkeys, ducks, or other game
birds in Richmond county, within certain times, and for oth¬
er purposes. .
Also an act'to authorize the Ordinary of Habersham and
White counties to pay all accounts for teaching the poor
children previous to the year 1S59.
Also an net for the relief of John A* Bartlett, and Lu-
cinda Ellis, of the county of Bibb, and to legalize their
marriage.
Also an act to authorize the Ordinary of DeKalb comity
to pay over to William A. Stansell, the sunt of three hun¬
dred and forty eight dollars and ninety cents, for teaching
poor children in said county far the years 1855 and 1S56.
Also an act to repeal the'first, second, and third sections
of an act to prescribe certain rules and regulations to be ob¬
served by the several railroad companies in running engines
FRIDAY, DECEMBER 16th, 1859. 511
upoti their respective tracks, and annex a penalty for the
violation of the same, approved January 22d 1852, and to
substitute two sections in lieu of said second and third sec¬
tions.
Also an apt to allow the Justices of the Inferior c6urt of
Dawson cpunty to levy and collect a poor tax for said coun¬
ty, not to exceed twenty-five per-cent on the general tax.
Also an act to incorporate Clayton High School, and the
Union Male and Female Academy, pf the county of Greene.
Also an act to reduce tjhe work on roads in the cpunty of
Johnson.
Also an act to authorize his excellency the Governor to
investigate the claim of James Hamilton E^q., for services
rendered this State, and if just, to compensate him for the
same.
Also an act tp allow and authorize the Justices of the
Peace in the city of Augusta, to hold their courts at any
place they may* designate in said city, and to increase their
jurisdiction, and for other purposes.
The competence committe on thd House amendment to
the Bill of the Senafe incorporating the town of Fort Gaines
reported that they were unable to agree.
• The Senate bill to compensate the Grand and Petit
Jurors of the county of Dougherty, and for other purposes,
which having passed both branches of tne General Assmbly
and failed to receive the Executive sanction, was, passed
over the-veto of his Excellency the Governor, by the Senate
\Vas taken up for final action.
Upon the question of its passage the yeas and, nays were
required to be recorded.
TherP are yeas 78; There are nays 12 :
Those who voted in the affirmative are Messrs.
I
Allan, Delony, Harper of Henry,
Anderson, Dixon, Hartridge,
Baugh, Ector, Heath,
Bivins Ely, • Henderson of Henry,
Brantley, Fain of jptflmer, Henderson, of
Brown of Houston,Fain, of Union, Worth,.
Brown of Sumter, Fannin of Morgan, Herringtom
Broyles, Fannin of Troup, Hogans,
Bruton of Forsyth, Fortner, Hopkins,
Brewton ofTattnallGibson of Rich- Horsley,
Cason, mond,
Olark of Elbert, Goodman, Hutchms,
Cock, Green of Cobb, Joyner,
Colvard Hardin/ Keeling,
Conley, Harkness, Key, .
512
JOURNAL OF THE HOUSE,
Lejvis of Greene, Pat ton,
Lester,
Lumsden,
Majs,
McCunts,,
MclLendon,
fylcWhorter,
Morris,
IVfullins,
Nobles,
Norwood,
Parks,
Perry,
Prescott,
Price,
Ragsdale,
Smith of Coffee,
Smith of Twiggs,
Render,
Roper,
Scott,
Selman,
Sweat,
Tapley,
T a turn,
Turner,
Underwood,
OUiliiuu^
Settle,
Y aughn,
Whittle,
Smith of Bryan, Young,
Sims,
Williams of Musco-
gee.
Those wjao voted in the Negative are Messrs*
Capsey,
Coleman,
Fleming,
Hicks,
Hockenhull, Pilch er,
Jones of Rabun Richards,
Kelly, Sockwell,
Lumpkin, Worley,
So the bill was passed by a constitutional majority over
the veto of the Governor.
Mr. Harden of Cass offered the following Resolution,
which was taken up, read and agreed to:
Resolved, That the Chairman of the committee on the
Deaf and Dumb Asylhm, appoint a committee of five, to
act with a committee of the Senate, to examine into said
Institution, and report at the next session of the General
Assembly.
Mr. Lumpkin, from the committee on Enrollment, report¬
ed as duly enrolled, and ready for the signature of the Speak¬
er of the House of Representatives,
An dct to appropriate one hundred and forty dollars to the
county pf Dawrson, to supply the deficit in the school fund,
for the year 1S58, and for other purposes therein men¬
tioned.
Also, an act to reduce the Sheriff's bond of the county of
Johnson.
Also, an act to exempt negroes, employed by contractors
in the construction of Railroads, from liability to work on
Roads, on certain conditions.
Also, an act to authorizes the Justices of the Inferior
Court, of Muscogee county, or a majority of them, to levy
an extra tax for a certain purpose herein mentionedv
Also, an act to provide for the payment of officers presi¬
ding at the polls, op elections hereafter to be held in Talia¬
ferro county and for other purposes therein mentioned.
FRIDAY, DECEMBER, 16T?j i$59. 513
Also, an act to* charter the Central Insurance Company1
of Geprgia, and to confer On j&id Coippany certain rights,
powers and privileges.
Also, to require the agents of Life Insurance Companies
to make annual returns, and pay taxes, and for other pur¬
poses,
Also, and act to authorize a Chairman ahd Commission¬
ers -of 'the town of Louisville, to tax free persons of Color,
retailers of spirituous liquors, billiard tables, tea-pin allies,
showmen, itinerant traders, haWkers, pedcllers, &c.
Also, an act .to incorporate the Calhoun and Ellijay-
Turnpike Company, and to confer certain powers and priv¬
ileges upon the same.
Also, an act to provide for the payment of officers,'presi¬
ding at the polls, in elections hereafter to be held in Tal¬
iaferro-county. and for other purposes therein mentioned.
Also, a resolution, relative to William Ar Choice, and
Thomas C. Whit worth.
Also, a resolution in relation to certain mail lines, &c.
Also, an act, to amend an act to provide for the registry
of voters, &c., in the city of Augusta, approved Feb, 15,
1856, and to extend the powers of the Recorder of said city,
in relation to free negroeS, and for other purposes.
The following message was received from the Senate, by
Mr. West, their Secretary.
Mr. Speaker: The Senate have passed a bill, to be entitled
ah act to compensate the Grand and Petit Jurors, of the coun¬
ty of Dade, and to authorize the levying of a tax for the
same, by a Constitutional vote over the veto of His Excel¬
lency the Governor, of 49 yeas,. to 22 nays.
Mr. Lewis, of Greene, offered the following resolution,
which was taken up, read and agreed to, to wit:
Resolved, That the Clerk be allowed five days after the ad-,
journment of the General Assembly, to bring up the unfin¬
ished business of this House.
Mr. Lester, of Cobb, offered the following preamble and
resolution,* which were taken up, read and unanimously
agreed to, to wit: *
The members of this House have learned with regret
that the Hon, Augustus B. Fannin, one of the Representa¬
tives from the county of Troup, has dissolved his connec¬
tion with this body, by tendering to the Governor his res¬
ignation. His ability as a Legislator has commanded our
admiration, his integrity of principles and purpose, has won
our respect, and his urbane and gentlemanly deportment has
conciliated our warmest friendship and esteem.
Re it therefore Resolved, That we part With out fellow
S3*
514
JOURNAL. OF THE HQTJSF
^Representative and friend with sincere regret, and go whith¬
ersoever lie; may; our best wishes for Ms prosperity and hap¬
piness will, follow him*.
,' Mr. Fly offered the following resolution, which was taken
up, read and uuanimOusly agreed to, to wit:
Resolved, That the thanks of this House are hereby ten¬
dered Messrs. Carrington, Miller, Grant, Barnes and Atkin¬
son,'Importers, for the able and impartial manner in which
they have reported the proceedings of this body, during this
session.
Mr. I>"vyis, hf Green, offered the following resolution,
which was taken up, read-and unanimously agreed to, to wit:
Resolved, That the intelligence of the'resignation of the
Hon,. W. 0. Cook, Representative, from the county of Ear¬
ly, jast received, is as unwelcome as it is unexpected; that,
th^ remaining members will cherish the memory of his faith¬
ful services, and the pleasure of Ms company, as one of the
'fondest reminiscences connected with their Legislative * ca¬
reer, and that to the quality of ability, they add their unani-
' mous testimony to Ms unbending integrity.
Mr. Lumpkin, from the committee on Enrollment, re¬
ported as duly enrolled, and ready for the signature of the
Speaker of the House of Representatives,
An act, to incorporate Culverton Academy, in Hancock
doiinty, and to appoint Trustees for the same, and for other
purposes. . •
Also, an act to extend the time for the Cherokee Voltra-
unteers to present their claims, under the provisions of an
act, approved March 3rd, 1S56, and to authorize the pay¬
ment of claims for rations and forage, furnished to Captain
Wilcher's Company, in 1S36.
. Also, a resolution in relation to the pardon of John Fun-
dy, now under sentence of death in Gwinnett county.
^ Also, an act to make the Ordinary of Jasper county., ex-
officio a School Commissioner, to require bond of him as
such, to prescribe his duties, to authorize the Grand Jury
of Said bounty to levy an extra tax, for school purposes,
and for other purposes.
Also, hn act to declare the law in regard to deeds to land,
made during adverse possession.
Also, an act to incorporate the Marietta Paper Mill Com¬
pany, and for other purposes.
Also;' a resolution in relation to the pardon of Thomas C.
Whitwol'th, now under sentence of death, in the county of
Chattooga. ( ' 1
, Also, an act to authorize Thomas W. Fleming, Guardian
of Florence p. Winn,'.a certain sum-therein namej. .
FRIDAY, DECEMBER 16th, 1859. S15
The following message'was received ff;om theJSenate, by
M^J \V«jst, their Secretary,.
Mr. Speaker: TJbe Senate- have concurred in^ resolhtkm
of the House of Representatives, calling upon our Sena,toss
and Representatives' in Edngrefes, to use their-efforts fotthe
establishment of a, triwveekly Mail'Line, fromDahl onega, by
the way of Cleveland, to Clarksville*. '1
Also, ■ a semi-weekly • Mail Line, from (Warrenton to
Fenn's Bridge, via Gibson, in this S^ate. ' •
Tho'S-inate has also concurred ill a fesulution of th'e ifouse
of Representatives, requesting ouj: Senators and Represen¬
tatives in Congress, to use their influence In the' passage of
an act, tq raise the salary of the Hon. John C, HicOll, to an
'amount at least eqUal to that of thp Supreme Court fudges'
of tips State. i '•
Mr. Lumpkin, from the committee on Enrollment, re¬
ports as duly1 enrolled., and ready for fhe signature pf the
Speaker of the House, and the President of the Senate*
An aeti, tp amend the Judiciary act of p-eorgi,a, jso far as
relates to Mcintosh county.
* * » \ "
* Mr. Key from the committee on enrollment reported as
duly enrolled, and ready for the Signature of the President,
the following acts and resolutions, of the Senate.
T , '
An act to repeal the 5th section of an act to change and
fix the time of holding the Superior courts of the county of
Lumpkin, and for other purposes.
Also an act to change the line between the' counties of
Madison and Jackson and other Counties. «
Also an act to alter and aniehd the 1st section of'the 3rd
Article of the Constitution.
Also, a resolution 'in relation to the pardon of William,
A.' Choice.
" Also, a Resolution to inform the Governor, that the Legis¬
lature is ready to adjourn.
Also, a Resolution to authorize the governor to sell use¬
less arms, &C.
The- following message was received from the Senate, by
ML We 4, their Secretary.
Mr,. Speaker—The Senate have concurred in the following
jresolutmns of the House-of Representatives.
. That the cpndition of the political Jaflair$ of the couutr^
demands the consideration of the people of Georgia, that we
shall declare to the States of this Confederacy the views
the pt < pic of Georgia entertain iU relation t9 the political
condition of the country, &c;, &Cr
m JOURNAL OF THE HOUSE,
Mr* Uumplin from the committee orf enrollment reports
as duly enrolled, and ready for* {he sighatur© of the Presi-
4ent of the Senate,
An ant to alter and amend the law of descendants ih cases
of persons who are illegitimate or* born out of lawful wed*
lock dying intestates*
An act to amend an act approved on the 4th March, 1356,
incorporating the Bank of Sparta, to confer certain privil¬
eges upon the corporators therein najned, and to provide for
the construction of a Railroad from Sparta to Tennille, or
any" other point on the jCentral Railroad.
Also, an act to incorporate the towti of Powder Spring,
the Boeder Spring High School in the county of Cobb, the
Trenton Cumberland Presbyterian Church, in the county of
Dade, and to incorporate the village of Bottsford in the
conlxty of Sumter, and for other purposes.
Mr. Uester of Cobb, offered the following Resolution,
.which which adopted,to wit:
Resolded„ That the Clerks inform the Senate that this
Branch of the General Assembly have completed the
business of the present session, and is now ready to adjodra
smh die.
The following Message was received from the Senate, by1
Mr. "West their Secretary,
Mr. Speaker;—I am directed by the Senate to inform the
House of Representatives, .that they are now ready to ad
journ sine die.
The House adjourned sine die.
INDEX.
allan, hon. robert
of Banks county, 4 48 f 30
ANDERSON, HON.. CLIFFORD
Of Bibb county, 4 '41 63 §6 180 130 13$
141 144156 175 195 197
i 20^ 212 296
ALEXANDER, HON, T. W.
Of Floyd county, 5 72 7$ 106 ^97 £97 407
Academies, schools and colleges
Academy for Blind, 41 46 53176'
Lucy Cobb Institute, 41 46 53 222 240
Oglethorpe Medical, 49 59 TO 72
Jack-son County,, 67 -93 101
Cherokee Baptist, 95 154 228 262
Trenton Academy, "95 154 T$8
Spring Vale, 114 169 202
Clayton High School, 182 170 ^11
Bibb county, 157 224 241
Reform Medical, 172
Powder Spring High School, 196,257 356
Culverton Academy, 197 257 354
Union Male and Female, 198 230
Furlow Female College, 321 418
Ben Hill Academy, 2$7 461
AUDITING COMMITTER
Appointment o£ <^0
^BCENCJE, LEAVE GRANTED,
Mr. Gibson, 1J
Screven, 41
^Horsley, 46
ft' Irwjn,
Bapks* ^
INDEX.
ABSENCE-v*-Leave granted
Mr. McGrar, 73
" Green, 73
'* Hicks, * 73
li Scott, 77
" Lewis of Hancock, 77
" Clark, 77
" Brown of -Sumter, 77
" McLendon, 77
" Sprayberry, 86-
" Brantley^ 86
" Williams, 86
" Cook, 86
" Rende^, 86
" Anderson, 86
" Price, $6
n Rhodes, 86
" Brown of Hohston, 86
^ Cock, §6
il Lpmsden, 94
" Kennon, IOjS-
w Heat^i, lir
" Selman, 11,1
" Smith of Hall, Lli
*e Hurst, 111
" Joyner, U4,
Famell, 120
*' Causey, 120
" Solomohs, 121
" Harpe^ 12l
" Pitts, 121
Irwin, 121
tl- Mintz, 121
'* Holioman, 121
" Pattick, 121
" Howell, 121
" Henderson, 121
" Pitcher, 1&1
" Wofford, 121
** Knd\yles» 127
a Lester, 127
" Joyner, 12^
" Delony, 130
" Steven,, 1SQ
't Dixon, 130
" BrinsQn, 130
" Tapley, 130
^ Norwood ISO
" Stewart, 130
41 McWliotter, 130
Brown,
fearle.
INDEX. fit*
ABSENCE—Leave granted (
T^r* Morfis, 134
.Herringtou, 13V
?rescott, 137
larkness, 137
Schols, 137
Eozter, 137
Cason, * 137
B,arris, 187
Vaughii, \ 144
"Williams of Muscogee, 144
Eannin, 144
Turner* 1*51
Hartridge, 151
Scott, 15§
Vanover, 1-5®
Harper of Sumter, 15#
Settle, 15*
Walton,.
Henderson 1*®
Hplmes, 156
Taylor,
Lewis of Green,, 168
Key. 168
Sims, 1^®
McCapts, 170
Williams of Clinch, 179
Mullins, 111
McWhorter, 171
Heath, "1
Bivms, ijl
Brantley,
Brow"\ ist
Lumpkin, J
Gteen, 1®®
^Tver' 19S
Kelly, ^
Barksdale, ^.
1*94
194
194*
Delony, 2m
Hicks, '^2§
Lockett,
Clark,
Cullens,
Irwin,
Baugh, <2^
Gibson of Warreh,
jS4*
24S
Knowles, ^.g
^Brantley,.
§2t>
index
ABSENCE—Leav© granted
Mr. McGar, >248
44 Cock, 2-H
McCrarry, 257
44 Dixon, 257
" Smith of Twiggs, 262
" Rhodes, 280
" Joyner, 280
" Ebehart, 290
" Howell of Lowndes,, 301
4,4 Smithy 325-
" Knox, 330
" McRae, 330
M Screven, 330
" Pileher, 330
" Register,, 337
" Stewart, 337
Taylor,, 337
u ConTey, 337
44 Patrick,, 357
M Glass,, 357
w Hntchms, 357
44 smith of Hal?,; 357
" David, 35S
u Gr©vensteine„ 358
4,4 Sharpe, 358
^ Holmes,,. ' 35S
44 Scott, 358
" Toggle,, 358
w Mintz, 360
w Williams of Cljn&h* 369
s" Terrell,. 369
44 Reeder, 369
M Alexander,, 369
44 Hartridge,, 380
«■ Clark,, 3S0
4< Whaley,, 380
« Wofiord* 3S6
*4 McGar, 413
" Finney,, 413
" Eafia, 413
M Harper; 413
u Martin,. 413
* Henderson of Jtehry, 426
44 Daniel, 426
w Eberhart, 426
4< Howell of Milton* 426
u Coleman, 455
** Wilson, 455
14 Anderson,, 455
INDEX.
521
ABSENCE—Leave granted—Continued.
Mr. Brewton, 453
Henderson of Newton, 468
Mitchell, .468
* Colvard, 468
" Walton, 473
" Blakey, 487
ADJOURNMENT 8 41 42 46 47 56 68 66 72
76 85 94102105 111 120
127 135 137 144 146151
156 168 171 180 183 193*
203 209 214 218224229
230 240 248 254 258 280
284 289 295 306 330 340
'369 382 386 420 503
On Final- 115 '198 507 516'
attorney general and solicitors general
To change fees of, 48 61 &8
To provide payment for, 51 61
State's Attorney, . 65 91 108
Fees in Peace Warrants, » 297 330 389
ASSOCIATIONS AND COMPANIES, •
Columbus Savings &C., 51 60 75 222 239
Mutual Building and Loan,. 133 207 215
Amend charter McBean Co., 135. 208 214
Georgia Baptist Bible Society, 156 224 241
Protect Religious Societies, 157 243
Union Society, 171 232
.Chahge name Southern Central, 173
Sav. Mutual Loan, 335 419
Jenner Medical Society, 400 462
ATLANTA
Mayor to enclose public ground, 87 94186 138 164
APPROPRIATIONS,
Allapaha River, obstructions, 51 60 76 125 176
Spring Creek, 67 93 109 239
Oconee and Ocmulgee, 134 207* 254
To Volunteer Companies, 134 21)8
.To Medical Colleges of Georgia, 135 202 229
To Dawson County, 158 225 370
Appropriation Bill, 168 218 304 327 330
Oostanaula River, 197 345 858
Penitentiary, 197 257 356
ACTS, To amend, ,
Amend 6th Art. IstSeC. of, 97 155 188
« 2d.See, passed Jan. 21st, 1852, 112 152 189
Repeals See's of Act, organizing a • ^
neW county from Thomas and Lowndes, 16L
Bepoal Apt 25th, Deo., 1837, 172 231 251
5&3
INDEX.
AGTS^To amende Continued.
Repeal act of154, relative to Decatur, 387
Amend act of 1850, in respect tokhitg *398 462
AMERICUS,
Ghange corporate limits 160224 242
AUGUSTA,
In relation to Justices Courts, IDS -345 36Q
Amend act as- to registry of notes, IDS"845 36(jy*
Gag Company in, 190 340860
ACADEMICUS SENATES,
* TV) abolish., 298 410
ARMORY,
, To establish ait 51 62 138 179 240 207 461
ARBITRATION,
Amend act of 1856, 163 205 217 340
AGRICULTURE AND INTERNAL IMPROVEMENTS,
Standing com", on,
Bills referred to,
Change name of S. 0. A, S.
Planters Club of Hancock,
Resolution on,
Clarke county1 Society,
ADMINISTRATORS,
Granting privileges.
Of W, Q. AadersjCm and Uavor,
Of Jas. Young, Sr., to sell,
To buy property,
Of A- M. Hamilton,
Estate of Toliver Jpnes,
ATTACHMENTS,
Amend act,
B-
BRECON, HON. A.
of Forsyth county,
BLAREY, HON, B. H.
i of Gwinnett county,
BAUGH, HON. JOHN
of Gordon county,
BRANTLEY, HON. W. H.,
of Haudock county,
BROWN, HON. W. R.
of Houston county,
BfilNSbir, HOS.J.W.
of Jefferson County,
bAbksdale, pop. J» w,
of Lincoln county.
BIVINS, HQN. M. B.
of Marion county,
52 85 105
61 93 96
78 210-2^0 410
7S210
96
98 205 21t> 244
65 91108
66 91116 180190
109 16S 195 217
133 208 252
163 205 216 234 244
253 328 38f>
66 91140
5' 49
5
5 97
5 78 197
5
6 79 174
$ 161
6- 78 130 139 193
INDE3L
BROWN, HON, A. R.
of Sumter county, G 80 1*60*193
BREWTON, HON, S*
of Tattnall county, 7 BO
broyles, hon, g. e.
of Whitfield county, 7 52 54 63 96 160 103 lil
199 236 486
BANES & BANKING!,
Publish list of depositors, 41 47 22§
Standing Committee on, 5$ 85
Repeal act, 64 85
Regulate paper currency* 111 166 228
Amend act of 1857, 113 156 246
Change name Mechanics Saving, 171 230 J2&6
Extend Charter of-Planters' Bank.'179 204 217 233
24^
Charter Bank of Rome^ 1,96 205 216 341
Amend act incorporating Bank of Sparta, 197 257
356 505
Cotton Planters Bank, l9o 345 361
Change name Planters & Mechanics^ 27S '329 383
Bank of Fulton, 362 397 432
Amend act of 1857, 377 397 452
BROWN,, HON. JOS. E.
Declared elected, 42
Waited on, 45
Bridges, perries, turnpikes,
AUapaha, 50 62 125 176
Spring creek, 67 93 109 239
Amend Act of- 1^08 135 268 307
Calhoun and Ellljay* 173 229 m
Across • Flint River* 199 346 360
Across Flint in Decatui, 351 438 461
BILLS,
Engrossed, 6^
BILLS- OF EXCHANGE,
To protect holders, . 130 170 249
BARCLAY, MARY MARSHALL,
Declare her adopted daughter" of Mary
M- Marshall, 196 204 216 234 ^45
BOUNDARY LINE, .
Georgia and Florida, 265 416 462
&LlNI>, ASYLUM FOR,
Standing Committee on, •
BIPLINGSLEA, MRS. C. E, Aftnr'x,
Le^gaRsfc purchase of land,
C.
CtTLLENS, HON, Ft T— ' ,
Of Clay county 4 64 6® 6$ 77 113158 1,78
INDEX.
CQLVARD,HON. A—
Of Columbia comity T 18 409
COOK, HON. W, Cl—
Of Early county 4 77 91174 193 $21278 486 514
CLARK, HON- U L^
Of Elbert county 5 65
COCK, HON. I. p—
Of Lee county 5
CLARKE, HON. W. M.—
Oi" Monroe county 6
coleman, hon. thcs—
^ Qf Randolph county 6 51 70 1^1109
*0ASON„ H0N. J. B—
Of Ware eouiify 752 96
conley,hon: t. r—
Of 'Wilkinson county 7
CAUSEY, HON* l. B—
Of Webster county 7 105 115 199
CLERK—
Vote for 7
Clerk pro tan 191
Vole of thanks 508
Committee^
Special, 54 54 62 64 69 70 8-5 94 101 111 114154156
202 216 225 245 2S2T
COMMITTEES—
To wait on Governor 9 42
On Inauguration 4-3
Joint Committees 131179.ISO ±97 209 21$
.Oh reduction bi^ls " 159
COUNTY LINES—to change,
Hall and Banks 48 59 69 145151165
Irwih and Qoifee k 48 59 69 154 165
Brooks and Colquitt 65 85 86
Heard and Coweta 66 93 IS'l
•Montgomery and Laurens 66 90 125
Thomas and Mitchell 67 93 181
Madison and Franklin 67 93 228
Clinch hnd Coffee 77 102 106
Brlasscock and Wafren 78 105 181
Appliug and Coffee 7S 10$ f!7
Amend Act £6 ish 153 228 241
Ware, Pierce, and Coffee 96 15& 189
Wavrpn and jGrlasacack 96 81
Eaily and Calhoun 109 203 216 373
Elbert and Hart, ^ 109 204 215 373
Dawson and Lumpkin ll2 156 191
Habe^hafi aq<J White J15 I70 $2S 371
INDEX
525
COUNTY LINES—,Continued.
Irwin and Berrien ISO 249
Lowndes and Brooks 131
Montgomery and Tatfyiall 132 208 228
Gwinnett find DeKalb 134 208 25&
Twin and Coffee, 158 237 228
Sumter and Webster 160 224 255
Randolph and .Quitpian 161 224 324
Milton and DeKalb 161 232 320
Clinch and Berrien 162
Talbot and Merriwether 185 257
Eatly and Clay ^ 196 204 217 874
Henjry and Clayton 196 204 217 §74 3*97
Floyd and Polk 213 327 375 421
Macon and Dooly, 249 421
Union and Fannm 2§3 327
Wayne and Charlton and others 326
Worth and Colquitt 326 418
Baker and Early 838 420
Whitfield and Catoosa 339 420
Butts and Henty 802 '442
Elbert and Madison -376 442
Dougherty and Worth 376 396 446
DeKalb and Henry 377 895 442
Madison and Jackson and others 387 398 421 460
Campbelland Coweta 399 462
Taylor and Schley 399
COUNTIES-*-
Remove county site of LoWildes 50 60 72 134 153
Relative to Johnson and Laurens 60 $9 71108 377 396
" * Thomas and Colqqitt 65 85 342 432
" Randolph and Clay 77 102 116
" " 'Gilmer and Fannin $7 156 181
" Lowhdes and Echols 114 124 228
" (C Lumpkin and White 133 208
COUNTIES—NEW.
Franklin and Hahershani 66 '93 237
Newton, an others 67 93 224 235
Standing Committee—on 72 93 10f 105 Jl06 107
121155 170
Columbia and others 79
Wayne and Appling 70105 284
Chattooga and Walker 06 156 237 352
Cobb and others 114r
Decatur nndThorqas I.34 170
Coweta ahd others
Marion and Taylor 398 ^
Repeal Act, Lowndes and Thomas ^
Heard, Troup and Merriwether, *27 ^*0 40®
520
TJSVES.
COUNTIES—RJE W—Contintud.
GoMcm, Cass ,and others,
Amend Act, Maripti aild Sumter
COURT S—INFER1QR—
'To Change*? tiiftesj of holding in.
Coffee ^county
Terrell county
"W ebster cotmty
In Ranks to locate court house
Change time <of holding
Randolph cotlnty
Confer additional powers
'Change time in Dade
" " Heard
" V " Gordjon
Examine teachers in Calhoun
Change in Emanuel
SUPREME—
Expedite chses in writ of erroj!
iVmend act of
Election of Judges
Compensate Reporter
Repeal Act organising
Facilitate carrying eases to
• -Submit to the people*
Condense decisions
Amended laws relative to
SUPERIOR-^ ^
'Changing times of holding in
Lowndes, Brooks, and Thomas
Continuances in
Regulate practice in
Ex-Judges to Sign bill of exceptions
In reference to Clerks of
227 32?
8$8 419
A8, 5&6ftl54 165
51 6Q 81] 145 $21 239
115 1*69 202
13-0 169 203
133 $05 214
159,224.255
17$ 230 352 350
203 208 214
226 24.0 287
335 418
350 435
376 396 446
49 6170
65*91 140
72 74
79 1Q3 11§ 142
60 104
96 155 188
15^ 231 288 292
175 257 349
338 433 451
Duty of Jud gesin Stewart copnty
Legalise holding in Carroll
Consolidating
<5$62 68 74
63 84
64 85 1Oft 179
64 S5 100
66 91125
67 91 140
87 94 136 137 164
95 134 134 152 162207 207 211
$12 350 433
Appoint partitionprs of property 97 155 248
Changing ip Effingham 131 169 211
« '» Walker 133 208 214
0 « Dado 133
u 9 Ctynn' 202
w u Richmond 202-
Change ih Heard, Campbell,
Cujrroll, Paulding and Flhyd $26 240 2S7
Wiffiox, TolXair and others 264 329 3S4
"pierce 264 829 3S3
Amend act in, Reference to Lumpkin* 387 461 483
Pay persons taking down testimony 358 461
EtoUx;. pp
90nstitetion—
5^0 amend 3rd 7fcli 12tli seft.'s 1st art. 49 61 31 146
206 282
To alter arcT and 7th sections 1st art t)4 fe-5 JJOS 138
To alter 12 th se0. 1st art. 66 $2 121 185
Carry into effect* 13 sec. 4th art. # 11$ id4
Add sec. to 1st art. of 474 232 3-53
A%r 3rd and 1st and 2'd and 2.d of T78 ^60
Alter 1st sec. 3rd art. 361 398 4-50 472
Alter 6th tec. 4th art. 410
CGMPTOLLER QENERAL
Report of
Print extra copies P99
Increase duties and salary 307
paftSOLipATIOtf Of BILLS—
Standing committee on, 63
COMMITTEES^ JOINT^ 74.75
cock, d^wwz.,
To compensate 7? 102 155 185 193 308
COMMITTEES, JOINT,
Senate Resolution 84
CHtJRCHES ANJOCAMP GBOUHd£,
Madison Presbyterian 96 152 163
Indian Creek Baptist 11-4 152 201
Orphan's Home 131 169 211
First Presbyterian, (Ahgusta,) 140 205 2l5 234 245
Perry Presbyterian 151 294 234 265
Mt, Vernon Baptist 158 230 242
Baptist Church in Rabun, 160 224,255
Pirst Presbyterian in' Columbhs 32G *437
Certain Churches in Savannah 326
Chickaro Baptist 335 418
Presbyterian in Dade 360
Hebrew in Macon, 416
COOPER, MARK A.
Lend Bonds of State to 113 164 1B5 309 237 246 267
CLAIM LAWS,
To alter and amend 1$0 169 214 #Q6
COLZY,DRE.,R
To compensate 1^5 225
CpBB, T. R. R:,
Elected Codiner ^
CLARK R.S. •
plected Oodifier
CKHSUS RETURNS, 266
Clinch county,
Removal of County Site 320 30T $63 378
K28 fNDEXt
COMMON SCHOOL LAW
To fitter io Walker ^35 418
CHATHAM BOUNTY,
Extend jurisdiction, &C. 364 396 431
CALHOHN & ROME £- R.
To Incorporate 43 467
P*
DEVOUR* HON. X J—
Of Cant den county 4 132
DELGNY, HON. W, G—>
Of Clarke Ootinty 4 41 43 £8 112 123 149tyl173 185
307 33 478 4$6 489
DAVID, HON. S, P—
Of Eprsyth cpulrty -5 54 73 84117 133 137 141 144151
153 164 164 ISO L&5 f 59 201 239
241 244 247 2S0 29? 39 303 334
t 336
DANIEL. IfOKR, J—
Of Jackson, county 5 158 174
DfXON, HON. R-E—
Of Muscdgee county 6 50 79 96 115 132 174 175 198
208,237 2SQ 294 379 414
djelamar,hon. R. d—
Of Pulaski county 6 51 134
DIAMOND, JAMES Jr— 7
DOORKEEPER—
Election of 9
Vote Of Thanks 508
DEAF AND DUM&ty
Standing Committee ou Asylum 62105 124
"Pay for work on Asylum 79 105
Elebt Teabher SO 105 141
Board of Managers 160 232
Resolution relative to 512
DEBT-**
Abolish imprisonment for 63 91
Amend &bt 66 84 186
Repeal act 79 104
Alter act relative tqr collecting 113153 306
DEER—
To prevtenfe killing 115169 202
PIYORCN—
Amend ficp of Dec* 5,1856 316 432
DIAMOND X J—
Resignation 502
IKDEX
529
E.
EDMONDSON, &ON. J. T—
Of Broods county 4 65 112 171
ECHOLS, HON. JOHN H—
Of Chattooga county a i 09
ELY, HON. E.N—
Of Dougherty county 4 43 49 90 95 113 127 136 138
173 198 273 292 514
EARLE, HON. J. R.,
Of Franklin county
ECTOR, HON. W.,
of Merriwether county
EBERHART, HON. JOHN,
Of Oglethorpe county
EXECUTORS,
To make valid certain sales
Of W. R. Ruffin
Other States
Of James Camak
ENDORSERS,
Control of fi fas
ELECTIONS,
Secretary of State
Comptroller General
Treasurer
Surveyor General
State Bank Director
State Printer
Codifiers of Laws
Superintendents to close polls
Change time of holding
Prescribe time of holding (U. S. S.)
Change time of general elections
Prevent betting On
Amended Act to prevent frauds
Pay persons presiding at polls
Compensate Managers in Warren
ESTATES,
Medical liability
Robert Bradford
Intestates' estate
EXECUTIONS,
To abolish Public
5 114
6 114185 198 398
388 468
41 45 69 92
64 85 100
15% 226 253
41 46 87
47
47
47
47
47
47
141
49 59 70
50 61 fl7 178
66 92 142
79 103 186
204 216 338
161 231 323
172 230 353
474 256 351
199 345 363
48 59 68 75
67 92 101
297
49 61106
34
530
INDEX,
ENROLLMENT,
Standing Committee on 53
Report of 73 74 87 116 133 141 144 151 153 lb4 180
190 334 336 390 433 470 482 490 496
Clerk to 151
EDUCATION,
Bills referred to Committee on 61 93 154 232
Amend Act Educating 65 93 335
Repeal Act Educating 79 104 335 341
Amend Act 100 204 217 415 416 421 421 437 446 474
Encouragement of 160 232 337
Amend Act (Rabun) 160 226 371
Inferior Court to appoint, &c. 163 205 217
Prqvide for Educating of Poor 199 204 337
Suspend 8th Sec. of an Act 254 327 376 386
Report on Educational Bills 263 304
Superintendent of 604
Repeal 2nd Sec, of an Act, '58 320 3.97
All Bills laid on Table 342
EVIDENCE,
Plots and Grants as 65 85 91
^Altcs" Rules of 65 91 140
Admission of 109 203 216 373
EARLY COUNTY,
To Reimburse 113 155 282
Road Tax 291 330 389
Attach lot of Land 326 415
EXECUTIVE MANSION,
Buy Furniture for 132 223 240
EMANUEL COUNTY,
Certain Officers to keep Offices at Comity
Site 377 398
ELLIJAY RAIL ROAD,
To Incorporate 309 462
F.
FLEMING, HON. W. W,
of Cherokee county, 4 157 171
FARNELL, HON. J. O.
of Dooly county, 4 65
HllN, HON. W.W.
of Gordon county, 5 96 173
FAIN, HON. E.
of Gilmer county, 5 65113
index.
531
FINNEY, HON. B. F.
of J ones county,
FANNIN, Hon. I.
of Morgan county,
FANNIN, HON. A. B*
of Troup county,
FAIN, HON. J. S.
of tjnion county,
6 50 66 78 96 127 1.42
161 176 202 409
7 67 62 199 272 513
7 51 51 68 89 90 98 125 1£8 159
174 199 289 334 384
Fortner, hoN.n. a,
of W ilcox county
fish,
To prevent poisoning,
FISHPONDS, Artificial
encourage erection of,
FINANCE,
standing committee on,
Bills referred to committee,
Bill reported,
fences,
Regulating,
FINES AND FORFEITURES,
In criminal eases,
free negroes,
Fixing time to become slaves,
Go into voluntary slavery,
Provide for enslavement,
Define and punish vagrancy,
Prevent coming into State,
Consolidation bills,
FIRE COMPANIES,
Richmond Fire Company,
Relief, No. 2,
Diligent Firemen,
FUGITIVES,
Rendition of,
7 52 68 80 173199
109 205 215 234 245
49 59 90 222 229 241
53
61 94 104 130 142 155
170 172 232 244
168
64^1 108
173 230 349
67 93
172 231 280
278 390
297 330 889
• 388 468
454
9d 152 163
112 152 200
213
142 152 189 307
532 Index.
FEME SOLE,
To a uke Harriett Jarrett, *114153
FACTORIES,
Labor in, 133 207 307
FOUNDRY AND ARMORY,
To establish, 198 218 267
Gov. to establish, 388 461
G.
GRAHAM, HON. MIDDLETON,
of Appling couhty, 3 78 79149 157 289
GOODMAN, HON. JOHN
of Bulloch county, 4 133 149
GLASS, HON. ELIJAH
of Clayton county, 4 48 72 79 96132 374
GREEN, HON. N. B.
of Cobb county, 4 64 64 77 9? 132 144195
GAY, HON. HENRY,
of Colquitt county, 4 65 112
GROVENSTEINE, HON. L.
of Eili ngham county, 4
GREEN, HON. W. J.
of Houston county, 5 50 115
GIBSON, HON. W.
of Richmond county, 6 9 41 67 78 80 96 96 111 112
115 124 135 135 160161174
191198 202 246 288 304 &18
GIBSON, HON. C.
o£ \Varren county, 7 96
GENER AH ASSEMBLY,
Con iit vote for Governor, 42
Elect Judges Supreme Court, 74
Elccl codifiers ofLaws, 109
Mileage, per diem pay, 157 232 323
DLfi ibution of Laws and Journals, 195
GOVEE WR,
Inauguration of, 45
Mess age of, 82
index.
533
green monument,
TO sell* 95154
guardians,
Of insane persons, 100 204 215 233
L. B. Causey, to settle &c, 190 345 363
A. K. Leonard to pay ward, 387
GEOLOGIST, STATE
To employ, 153 2%9 323
Game,
Prevent killing in Richmond, 174 256 34$
GREEN, CHARLES
Qonfer privileges on, 350 364 435
h.
heath, hon. richard a.,
Burke county, 4 172
harkness, hon. j. w.
of Butts county, 4
hardin, hon. m. a.
©f Cass county, 4 63 172
hogans, hon. a. n.
of Charlton county, 4 112
hartridge, hon. julien
of Chatham county, 4 48 57 64 72 80 95 98 130 130
131 135 171 173 194 278 244 274
483 487
hicks, hon. l. w-
of Crawford county, ^
hockenhull, hon. john
of Dawson county, 4 $5 112 158 197
harris, hon.j.'l.
of Glypn county, ^ 185 353
HOLLAND, HON. j.
of Hart county,
harper, HON. B. l.
of Henry county,
HENDERSON,HON. A.
of Henry county* 5 49 68 158 198
5 66
5 49
534
INDEX.
HOLMES, HON, C. L.
of Laurens county,
HARRINGTON, HON. B. P.
of Liberty county,
HOWELL, HON. W.
of Lowndes county,
HOPKINS, HON. O. C.
of Mcintosh county,
HOWELL, HON. H. W.
of Milton county,
HENDERSON, HON. R. J4
of Newton county,
HUTCHINS, HON. W. M.
of Polk county,
HOLLOMAN, HON. MARK
of Stewart county,
HARPER, HON. GEO. R.
of Sumter county,
HOLDEN, HON. W. F.
• of Taliaferro county,
HORSLEY, HON. W.G.
of Upson county,
5 50 66 239- 334 346
6 173
p 50 114 161
6 50 67 79 114,161
6161 17fr
6 J76 235
>6175
6 135
6135160
7 51 67 135 13S 161174
7 JS£ 160 175 209 294 31S
334 355 369
HURST, HON.G.J.
of Walton county,
HENDERSON, HON. D.
of Worth ctounty,
HILLYER, GEO.
Elected Clerk pro. tern,
HOUSE REPRESENTATIVES,
Hours and meeting, &c.,
Night meeting,
To Dr. Mulkey,
HUSBANDS,
Rights of, in deceased wife's property,
t
7 6S
46
54 57 73
199
•229
112 155
INDEX, 635
HANCOCK COUNTY,
Inferior Court, (power,) 339 420
HARDEMAN,HON. R. V,
Address relative to 159
HAMILTON, JAS,
To compensate, 183 257 355
HOWELL, VIRGINIA L. 170 266 309 318
HEAD RIGHTS,
# Repeal law, Franklin county^ 336
HARALSON CQUNTif,
Consolidate offices #of Tax Receiver
and Tax Collector, c 350 435
Also Clerk Superior and
Inferior Courts, 376 398 445
HILLYER, GEO.
Chosen Clerk, 503
Vote of thanks to, 508
L
Ik WIN, HQN. I. T.
o£ Wilkes county, 7
IRWIN, HON. J. I.
of Washington county, 7 115
INSURANCE COMPANIES,
To incorporate the Western Georgia, 42 47 9S
Amend act ol 1858, 113 153 192 193 214
Georgia Insurance, 97 136 206 210 237
Western Ga., 98
Central, 156 224 242,
Insurance Commissioner, 330 340 383
Atlanta Mutual, 350 43S
INTERNAL IMPROVEMENT, MINING CQ'S &c.
Yahoola River, &c., 48 62 106
Etowah and Auraria, &c., 4® ^
Chattahoochee Stock Water, ^ 94
Baltimore and Savannah, 9$ 162
American Steamship, Co, 131 1^1 211
Vernon Shell Road, 264 329 342 3§2
Augusta and Petersburg
River-Navigation Co. i 320 410
Georgia Internal Improvement Association, 387 461
5&S
INDEX.
ITINERANTS,
Prevent trading, 345 169 191 284
ILLEGITIMACY,
Alter law of descendants, &c., 160 231824 376
3?8 450
INSOLVENTS,
Coroners burying in Emanuel, 376 397 446
J.
JOHNSON, HON. W. F.
of Carroll county, 4 4£
JOINER, HON. B. 0.
of Miller county, I? 67 110. Ill
JON^S, HONl A.*H.
9! Mitchell county, 0 ,50 G7 115
JONES, HON. L. N.
of Rabun county, 6 JLDl 160
JURORS, GRAND & PETIT,
To compensate, 41 40 53 56 S9 94 164 213 222
239 328 379 511
To allow provisions, 63 bl> §6
Amend law as to fees, 115 109 192
How judges shal| charge, 115 170 24-9
Confer powers on, ' 158 225 308
Compensate in Mitchell, 877 396 446
JUDICIARY, COMMITTEE,
Standing Committee on, 52
Reference to, 54
Bills referred to, 61 69 71 75<S4 65 104 116 120
154 173 189 106 218 225
Resolution relative to, 7S
Amend Judieiary act, 1799 IS 104 120 143
Amend act as relates to Mcintosh, 161 231 323
Clerk to, <frc. 171
Send for persons, &C., 188
Minority Report, 187 188
Am§nd judiciary act, 196 217 338
Communication referred to, 2fS
Report from, on new Code, 341
Amend 33d section of act, 1799 3S7 408
Judicial circuits,
Hiwassee, Q? £*> 101 177 324
New circuit* SO 10^ 143 24S
INDEX. 537
JOURNALS,
$t&n<dipg Committee On, 62
JUSTICE (SpURTS,
Manner of drawing juries in, 64 84
Fees of jurors, 79 103 147
Amount of claim bonds in? 79 103f 119
Mate Commissioners of patrol, 1G0 2-31 288
Regulate testimony* in, 198 345 359
JURY DUTY,
Relieve Certain persons of, 07 93 100 197 201 210
Juries to*assess damages, 109 205 216
Exempt Physicians, * 15# 226 241
Eiepipt certain Firemen, 161 224 254
^Exempt Physicians, &c., 172 231 325
Exempt Physicians in Jefferson, £88 469
JUDGMENTS,
Limit lien on,, 68 92 125
Jailors,
Tp advertise in Milledgeville papers, 172 230 349
K.
KNdWLES, HON. CHAS.. R.
of Calhoun county, 4
XELLY, HON. A»
of Glasscock county, 5 ll3
MEETING, HON. G. W.
of Habersham county, 5 66 SOS
XENNON, HON. R.
of Harris county, 5 66
XpY, HON. J. C.
of Jasper county, J 78 116 ^1161 17# 41| 473
493 496 508 515
KNOX, HON. W.
of Wayne county, *7 160
KANSAS,
Resolution relative to, 67
h*
X.0G5ETT, HON. A. M.
of Bibb county, * I5' 11 z
538
INDEX:
LlfMPKIN, HON. E. P.
of Clarke county, 4 41 47 64 70 85 112 158 168
173 408 428 433 434 436 440
446 476 491 495 506 509 5l2
514515 516
LDSTDR, HON. G. N.,
of Cobb county, 4 9 10 41 4$ 54 57 64 7484 113 131
162 168 179 183 196 206 210
218 237 259-274 341 390- 426
513 516
LEWIS, HON. H. W,
of Greene county, 5 49 65 7l 96 113 127 145 158 209
229 277 391 340 355 390 399
5Q8 513
LEWIS, HON. D. W.,
of Hancock county, 5 46 54 55 66 76 78 99113121
123 132 134 154 156 166
170 209 210 26? 237248
263 301 302 304 80S
437 508
LITTLE, HON. T. R.,
of Monroe county, 6 160
LOFTON, HON. J. T.,
of Oglethorpe cqjinty, © 97 132 198
LUMSDEN, HON. T. R.,
of Talbot county, 7 80 134 174175
LAW SCHOOL,
To organize, 41 46 75 176
LUNATIC ASYLUM,
Standing committee oh, 62 10k
Members added to committee, $02 209
Report of committee, 277
LEVY & SALE,
'o exempt frr>m, 64 84 lOb
?o extend provisions of act, 79 103 142
To exempt from, 114 155 24?
To exempt one negro, 115 176 249
Declare meaning of act 1857, 338 433
LICENSES, MARRIAGE,
Giving up, 64 85 92 141
Duties 01 Ordinary, &c.# 80 105
I
INDEX1 539
LODGES, &c.,
Etowah Free and Accepted Masons, 65 >85 87
Herman, No. 189, 66 92 100
Gordon Grove FTp. 1, 13J. m 211
LIQUORS,
Prevent sale of, 66 93 138 284
Pegulate sale, (Stewart) 135 2$7 212
Prescribe amount o£ license* 157 225 242.
Prevent #ale in Fayette, 164 205 215 233 244
Regulate sale in Elbeyton, 320 417
Amend act of '38, in Americas, 350 437
To regulate sale ofj 37# 397
LYON, HON. R. F.,
Elected Judge, 74
LAW BOOKS,
Furnish Clayton county, D6
Resolution on, 104
LANDS,
T<o protect, &c,, 92 152 189
To protect possession, 112 155 189
To protect landlords, 115 ltl 192 306
Persons owning in Montgomery,
Telfair and others, to give in
apdpay tax on, 399 468
LQWNDES COUNTY,
Remove cpunty sitd, 50 131134
LEGISLATURE,
Fix pay of members* 132 175 951
Limit Speaking, 301
LOUISVILLE,
Commissions to tax, &c., 174 230 348
LIBRARY, STAfE,
T'o build,
LAGRANGE,
City Council to levy extra tax, 199 345 361
Confer powers on City Council, 213 327 375
LIBERTY COUNTY,
Enforce operation of Board of Police, 264 329 383
LIENS,
' Give to Stone and marbie cutters, 297 330 389
540 JNDEX.
LUMPKIN COUNTY,
Treasurers duty,, §76 446
M.
Manumission*
W« Satterwhite manumit Slave, 48 69 69
u Prohibit post mortem, 64 75 85 100
JlC&DMR, HON. ROBT. A*
of Baldwin county, 3 430 157 172 175
MctpNDON, HON. J. X
of Co#eta county, 4
MARTIN, HON. ELIJAH,
of Coweta county, 4 65
MoGrAR, HON. OWEN
of Emanuel County, 5
McWHORTER, HON. R. L.
•Of Greene county, 3 41 42 45 49 55 70 75 85 102 109
116 125 151 157 159 163 1810 197
$02 224 503
MULLENS, HON. E.
of Harris county, 5 49
mintz, Hon. m. m.
of Jackson county, 5 46 €7 77 78 102 172 IS8
220 251
MOD^NALD, HON. M.
of Lumpkin county, 6 50 66 172 334 399
MAYS, HON. D. J.
. of Pumpkin county, «6 164
Mcdonald, hon. j. w.d.
M Murray of county, 6 51 66 79 114129 133 l6l 426
McEVER, HON. W. E.
o£ Priding county, 6
MITCHELL, HON. J. H.
Pike couiiiy* 6 51 611H 175
MORRIS, HON. R. O.
pf Quitman county, 6 Q7 134 199
INDEX.
641
McCRAIRY, HON. J. B,
of Talbot county, 7
McCANTS, HON. J.
of Taylor county, ^ 135
McREA, HON. M«N.
ofTeHJair county, 7 81133
MESSENGER,
Yote for, 8
Yote of thanks 508
MORTGAGES,
In relation to foreclosure, S3 85 108
MESSAGES,
Erom Senate, 8 42 43 47 52 68 72 8l 84 87 92 97
109 112 125 130 140 142 |44 145
151 163 172 17& 180 185 196 205
212 221 226'236 237 253 264 266
275 278 290 292 297 320 325 335
338 350 359 ?76 379 386 "399 416
428 434 435 437 447 456 462 469
474 478 48^ 494 493 500 503 505
567 £(09 513 5l5 516
MESSAGES, ,
Erom Governor, 10 11 40 92 120 153 164 165 194
*210 276 2$1 295 297 299 302 303
322 348 3601378 401 403 412 435
445 469 483 494
^lessage referred 54 265
MINORS,
Confer privileges on C. N. Perry, 51 60 75 322
Prevent selecting neiy Guardian &c. 161231 323
Florence E. Winn, 173 231 288
Jnlins A. Ca<ie, 213 328378
W. W. Thompson, 387
MEMORIAL,
Of Angelina Winters, ^
Of J. R. Dye*, Ex'r, ^
Cass Agricultural Fair,
Mark A. Cooper, ® J
Reporter of Supreme Court,
E. Colzey,
E. Ailing, 17
542 INDEX.
MILITIA,
Resolutions on &c., 5$.
manufactures and manufactories,
Standing Com. on,
Montrose Co., 66 92 97
Thomasville Co. 109 204 215 23324$
Cherokee Manufacturing Co. 171 231 347
To regulate, 209 346 452
Military affairs,
Standing Com. on, 63 127
Message from Governor, 194
Reference to, 195 246
Military Convention, 223
MINERALOGICAL AND GEOLOGICAL,
Survey of, 68 73 74 81
mining,
Incorporate Co. in Carroll, 79 103 143
Owl Town apd Coosa Creek, 160 226 242 459
Cane Greek Co, 253
Etowah Company, and others, 253 329 379
Qhestatee, fyc. 321 410
Arpend act ©f 1858, 377 398
"Mining operations in White, 386 443
medicine,
S. Irvin to practice, 79 105 119
ML Home to practice, 175 258 349
mint,
Branch, at Dahjonega, 92 101164 180
MARRIAGE^
Preveht MaVriage 0f Cousins, 113 155 191
Legalize Lawson and F. E Cody, 163 20$ 216 24$
" J. G. McMichael and Eliza Ethridge, 174
258 354
monuments,
Hon. Jared Irwin, 115 169 201
Gem James Oglethorpe, 173 197 233
MACON,
City Council to lease reserve, 157 225 24I
MUNICIPAL CORPORATIONS,
To define and limit power, 175 256 349
INDEX* £43
MARIETTA PAPER COMPANY*
To incorporate, 195 25^ 355
MIDDLE GEORGIA MEDIGAL COLLEGE,
Tpondow, 198 345 358
MARTIN, SAML.
ReRef of his estate, 213 32V 376
MEDICAL BOTANICO COLLEGE*
A*nend aot of incorporation, 388 461
MONTGOMERY COUNTY,
Amend act of 1857, 400 461
N.
NOBLES, HON. J. T
of Brooks county,
NORWOOD* HON. A. P.
of Troup county,
NAMES,
To change certain,
" " Jas. Mercer's,
Prescribe the mannel in which
names may he changed,
NEW TRIALS,
In relation to,
NEWSOM, Dn. B. P.
To compensate,
REWNAN,
Elect Marshal,
Q
ORGANIZATION
Of House Representatives,
OFFENCES AND MISDEMEANORS
Punishment of
ORDINARIES
To pay money in Warren,
To pay Sarah M. Candler,
To pay A. P^McCool,
To pay W. W. Campbell,
TV Pa7 in White tnd Habersham*
4 77 130 457
7 175
51 61
112 153 191
298 409
109 203 216 340
135 225 308
253 329 382
65 91 109
52 60 83
133 169 203
157 242
158 229 243
172 232 371
544
INDEX.
ORDIN ARIE S— Continued.
Duty as to unrepresented estates,
Eelative to letters of Adminis¬
tration,
To pay E. H. Winn,
Grant letters to Susan Hackett,
To pay W. A-Stansefl,
To pay J. F. Buchanan,
To pay in Whitfield county,
To pay M. J. Gibson,
Qualification in Early county,
T© pay teachers in Pike •county^
Declare meafiing &c.,
To pay John Everett,
To pay G. W. Latham,
Pay certain teacheis,
To pay J. R. Porter,
ORPHAN ASYLUM
At Augusta,
17S 230
186 203 21^ £34 245
198 345 358
206 208- $16 234 244
209 345 361
264 329 3&3 433
325 415
$2& 415 442.
^35 419
333 418
330 432,
339
£87 460
420
351 432
ORPHANS
Better security of estates of,
Oliver, wlliam
Reimburse heirs of,
140 204 215 233 245
377 398 450
175 233
PARKS, HOfc JAMES
Of Fannin 'county,
pitts^ hoe. Arthur
Of Macon county,
PRICE, HON. J. E.
Of Pickens county,
PERRY, HON.M. A.
Of Sphjey county,
PAtRlCK, HON. W.
Of Spaulding pounty,
PRRSCOTT, HON.B. L.
Of Scleven county,
PlLCIfEE, HON. W. H.
Qf Warren pounty,
6 AS 97
6 'l75 1SS
6 67 67 101 114 144 159 16C
174 192 194 19S 398 399 47^
6 ^0
6 51
6 74 8t} 115 168 195 209
7 52 80 160 199
INDEX 545
PATTON, HON. C. C.
*Qf Walked, county, 7 % 102 133 199
PRINTING,
Gov. Message,
Comptroller Report, 55
Standing Corns. 68
Aid. Bill, 77
Bill to Aid M. A. Cooper, 121
Report on Deaf and Dumty, 124
Evidence in Choice case, 130
Militkry Code, 136
Bill to alter Constitution, 138
Whitworth Evidence, 185
Extra copies of Comptroller's Report, 199 £40
Non-resident tax payers, t}40
Purchase arms &c., 246
Report on Lunatic Asylum, 277
Finance Corn's J Report, 277
Relative to free persons of color, 460
PEDDLING
Allpw certaih persons to* peddle, 52 62 82 322
Isham Smith to peddle, 55 85 125
X Grice to peddle, 253 3£8 384
W. Ford and others, £53 329 384
Repeal all Taws &c., 264 328 384 455
J. Ei Lynn to peddle, 335 421
S. A. Paulding to peddle, 335 421
A. Hall and R. Davis, 3^5 421
18. fcllis to peddle, 377 397
M. Cook to peddle, 387 469
FERAL CODE
Add sec. to 12 div. of 5% 61 83
Add a see. to 1st division, 63 84 99
Alter 35th sec. 14th division 77 102 120 154 185
Alter an act &c., 78 104 142
Alter 1st sep. 10th diyisipn, 96 lp5 163
Change penalty for carrying concealed
weapons, 151 169
Add to 7th division, 175 232 288
Amend 15th sec. 14th division, 1&5 257 356
Aihend 13th sec. 13th division, £13 328 378
Add to 11th division, 213 327 375
Chahge 18th sec. 14th. division, £13 327 £13 374
Explain 10th sec. 10th division^ 376 397 450
35
646 INDEX.
public education
Standing committee on, 52 104
Allow committee a clerk, 76
public printing
Standing committee on, 145
Fix time for printing, ,183 2Q8 307
penitentiary
Standing committe on^ 53
Fix pay of Guard, 157 226 308
Complete repairs at, 197 £57 356
Report joint committee, 262
Minority Report, £46
petitions
Standing committee on, 03
Pleading
Amend law relative 4o, 64 84 106 106 280
peace, justices of
Makp. road and patrpl commissioners, 78 104 142
Compensate in Decatur, 113 153 200
In Rabun to give bond, 350 438
petitions
Committee on reference, 85 93
POOR SCHOOL LAWS
Extend provisions, *95 154
purchase money
Real and personal property subject, *95 1^4
property
Enforce full return^ 111 169
Protect near Athens, 230 352
tAtROL
To amend laws of, 16Q 224 255
PARDON
W. At Choice, 130 131- 136 137 144 220 237 272
«}9S 479
Francis I. Smith, 131 130 137 145 151
Thonias C. Whitworth, 158 174 277
JohnFundy, 291 297 327 380 426
INDEX. 547
PHYSICIANS
In Monroe county, 169 232 243
Exempt from Professional tax, l?f» 230 £88
POSSESSION ADVERSE
Declare the law relative to (feeds
to laid, 173 23i 287
POOR SCHOOL'FUND
Regulate payment in Newton, 176
PICKENS
j"ustices of Inferior Court to tetain
tax, &c., 198 345 370
PENSIONS
Resolution relative to, 200
PRINflLE, COLEMAN S.
Distribution of estate, 298 301 409
PULASKI CP.UNTY
Incorporate Insurance Company, 362 397 432
Q
QUITMAN COUNTY
Regulate adjournment of Superior Court, 350 433
R.
ROZlER, HON. JOHN
of Burke county, 4 48
RICHARDS, HON. R. L.,
of Carroll county, 4 79
RAGrSDALE* HON. J. G.,
of DeKalb county, 4 77 134196 209 246 382 398
REGISTER, HON. F„
of Echols county, 4 77 113
REEDER, IION. N.*
of Gwinnett county, 5 294
READER, H0N* J' A#
of Merriwether county, 0 7V144 198
548
INDEX.
RHODES, HON. W.J.,
of E ichmond county, 48
RESOLUTIONS,
Haiper's Ferry, 9 52 7& 74 84
Add vote for Governor, 41
To print, 41
To wait on Governor, 42
To elect Judges, 43
On elections, 45 55
Portrait of Gen. Jas. JackSoh,, 64 87 92
On new counties, 68
On standing committees, 68
Judifciary committees, 74
pfall tendered Wm. H. Stiles, 76
Tendering a seat to G. P. Elliott, 80
Butts map, 80 212 4:45
Certain books, 81.197 218 235
On new counties, 85
Purchase pamphlet laws, 95
Employ Clerks, 96
County lines, 102
Sales by Sheriffs, &c., 102
Arts and sciences, 109
New matter, 157 174
Census returns, 125
Weights and measures, 130
Equip volunteer companies, 131 151
Executive Mansion, 132
State Printing, 1&2
Mail Rou^e, 133
Election of codifyers, 137
Waters' pamphlet, 137 227 241
Death of Hon. Geo. R. Gilmer, 140 145 146
Special Agent to Florida, 1 £3 144
Additional Clerks, 151
Mail Route, 171 226 240
" 173 226 443 444
•' " 174 226 443 444
" " 174 227 443444
Bon. R. Y. Bardemai*, 183
Thanks to Dr. Higgins, 185
Furnish Dade with books, 196
Relative to tax paid on lands, 198
Tendering Hall to Dr. Mulkey, 229
Relative to Judge Nicholl, 223
R. L. Hunter to pay warrants* 359
As to Armory", * 380
Recording Clerk, 4Q0 471
Rela ti ve to Whitworth, 428
INDEX. 643
R ES 0 LUTION $—r Continued.
Relative to unfinished business, 437 460
Commission to Europe, 438 505
State PapqrSi (index) 438
Codifying La^s, ' J38
State TJmver-sity, 438
.Resolutions' (certain) 444 445
Relative- to W. A. Choice, 474 479 509
On federal Relations, 483 487*490
Re}ativ0 to Sec'y and Clerk, 485
Relative to J. J, Diamcmd, 50B
Relative to John Fundy, 50& 507
Relative to Dr. J. W. Lewis, 505
Restive to Hon. A. B. Fannin, 513
Resolutions of thanks to Reporters, 514
^AIL ROADS.
South western, 41 46 53 222 239
Bainbridge and Fla., 49 59 69 72 84 223 22£T 248
R. R. and Banking Co., 59 60 75
Union Branch, 63 84 189
Savannah, Griffin a*nd North Ala., 72 94105 137 164
Give aid to, 77 103 164 218 294 299
Eafionton & Madison, 78 104 119
fort Royal Rail Road Co., 78 104 143
Amend liability act, 84 103 llfy 162
Atlanta & Gulf, 97 155 162
Charleston and Savannah, 97 136 206
(Eiavataiah & Albany, 113 165, 200
pefine duties of Agents, 115 108 192
Atoien4 acl of 1852, 1&7
Planters R. R. Co., Ifi3 204 216 341
Repe^tactof Jan. '52, 176 226 '56 308
Gov. tq endorse bonds, &c., 476 256 355
To encourage, 196, 205, 217 757 356
from Barne^ville to Atlanta, 196 204 h!6 340
Polk Slate quarry, 196 204 216 237
Ga, Western R. R«, 201 216 340
Mitledgpville & Gordon, 253 329 384
fatonton & Branch R. R. ^54
Cetitn I R. R.,
Daltsi) & Gadsden E. E., 297 301 4|9
Enterprise ± E. Ca, 320 ^89
Thomas Oo. to aid Eail Eoad, 321 •»4 418
Suits aga. nst R. R. Gos., 7' *, q
Thomaston & Muscogee, ;J'*
Indian Spring R. R. Go., '
Ga. & Ala. Rail Road, 7^
Columbus & Whiteville, ,37 4bl
550
INDEX.
BELIEF OF,
W. T vVilliamscm,
F. Clr pman,
J. C. Smith,
Wd. Redwine,
W. Watson's legatees
W» G. Drown,
J. F. Jackson,
fe. Nelly,
S. Stringer,
J. f\ Henderson,
D. i.arlow,
J. W. Cardwell,
T. Fort,
A. Lovelady,
J. II. Morehouse,
W. W Pop,
«L E. McMullen,
R. Cloud,
J. R. Dyer,
Jq,s. Rozier,
Era nee s Nunox,
Amy Clark,
D. E. W. Irwin,
J. S. Carpenter,
Arthur Haire,
0. S. »% C. J. Oliver,
Francis Daniel,
S. S. Jenkins,
W. Middleton,
W. Shannon,
Richard Myrick,
J. M. Jonefc,
N. Garrison,
J. T M^Gin^
t M. White,
W. M. Tyron,
D. M. McCullough's heirs,
D. M & G.W.Smith,
G. \v. Douglass,
J. & D. Drawdy,
J. J. FloUrney,
Co iclips Hibberts,
Mrs. Isabella Adams,
Mrs Virginia Howell,
J. P. Wellborn,
Joseph White,
J. H. Bartlett,
M. 0. Goodwin,
W. Rankin,
48 61 224
48 59 69 84
48 61 70 222 239
49 59 70 71 1451151 190 237
4a 59 70 264
49 59 71
49 59»71 222 240
49 61 71
50 60 75 98
51 00 76
64 85 9l 95
66 94 125
66 94 125
67 02 lOl 248 261
76 325
7V 102 101
77 102 117
77 102 117
78103 117
*79 104
SO 10^ 119
87 94 136 137 153 179 181 189
95*152
96 13k 163
111 15-9 1S9
112 155 255
112 152 1S9 248
1^4 153 191
114 153 198
114 16^ 202
114 169 202
130 l7t 203
131 3f69 249 259
134 207 254
1st fed7 213 232
ltj4 207 212
A35 208
135 207 285
144 225 308
157 235 242
158 232
160 171 244
101 23& 243
170 221 239
174 257 349
174 212 249
175 856 352
175 23-3 352
183 257 355
tNDEX.
RELIEF OF,—Continued.
Charles Whitlock, J90 257 282
S.M. Fortnerand J* Meadows, 199 345 363
W, D. Rigdon, 253 327 383
J. Farmer and W. Scott, 253 327 384 431
H. Henson and others, 2£3 329 337 360
W. Faekner^ 264 329 384
L. Padget, 321 364 417
Gobdwine and Neel, 33(5 419
J. A. Jones and J. Vaughn, 335 418 442
D. Gammage and others, 338. 421
W. Rackley and E. Rackley, 339 432
Jas. Karr, Grr and others, 350 435
J.Rrooks, J; H, Jones and others,* 377 3"96 443
L. Webb, 388 421 468
W. G. Sutton, 370 421
RECEIVERS OF TAX RETURNS,
Goinmissians in Chathani, 43 61 70 222 240
Prescribe term of office, 111 250
To compensate in Marion, 387 460
ROAD LAWS,
Tb amend, 49 51 59 -60 71 77 77 81 97 102 102
116 157 161 199 206 210 222 225
232 237 239 24l 243 346 359
Reduce work on Roads, 80 103 143
Ameyd act amending Road La\tfs, 413 152
Amend act (Wayne), f36
Reducb work in Johnson, 173 231 354
To enforce, 175 250 855
REDUCTION
•Convention to reduce Legislature, 50 61
RECONSIDERATION
Motions for 56 72 106 11} 121 127 128 144
171 183 185 193 194 235 236
244 258 272 274 289 317 318
346 369 893 399 426 459 460
nr/o A QA
RUNT LAWS
Tb amend,
To amende
REPRESENT ATI V ES
To apportion,
97 155 189
195 257 355
196 225 339
553 INDEX
ROBERTS, A. E. ADM'R.
Confer power on, 254 3*29 386
RENDITION OF CRIMINALS
Adjoining Spates, B35 432
S.
SOLOMON, HON. JOHN W.
of Raker county, 3
SMITH, HON. A. H.
of Bryan county y 4
SCREVEN, HON. JOHN
of (Chatham county , 4 48 64 95 164 113127 131
171202 237 2^7
SMITH, HON- JAS. R.
of Coffee county, 4 43 77 158
SPRAYBERltY, HON. H. J.
of Catoosa cototy, 4 48 63 77 79 1,55 172 174 190
302644 259
SMITH, HON. W. P.
of Hall county, 5 66 95 li3 196
SOCKWELL, HON. W. W.
of Haralson cownty, 5
STRICKLAND, HON. \V.
of Madison bounty, 6 67 79 96 123 139 14£l9S
224 254
SHARPfe, HON. M.
of Montgomery county, 6 96 132
STEWART, HON- J. A.
of Newton countfy^ 6 $1 67 102
SWEAT, HON. JAMES
of Pierce county, § 51
SCOTT, HON. I. H.
• of Putnam cOunty, Q
SMITH, HON. S. J.
oO'Tpwns county, 7 8 10 67 71 76 82 87 SS 101 102137
151 177 1S5 193 302 326.330 333
SMITH, HON. H. T.
of Twiggy oounty, 7
SELMAN, HON. B, F.
of Walton county, ^ ^8 11&
SETTLE, HON. MR. 261
SIMS, HON. G.W.
of Wilkes county,
•7 80
INDEX. 553
speaker,
Vote for, 7
Pro. tem. jq
Appoints Standing committees 52
Casting vote^ 176
Arrange business, 202
Vote of Thanks to 508
SHERIFFS,
Reduce bond 41 46 5;t 56 03 "85 86 J14 168 173
201 222 246 253 329 &52 382 419
T6 advertise in Cuthbert Reporter, 79 103 119
Alter fees in Cass county, 172 231 347
Con^pensating, 49 59 66 69 92 100 145 134 165
253 327 337 382
E^tbrbejudgments against, 115 170 249
To pay for certain services, ^7 398 443
SECURITIES—Relief of,
On bonds of substituted Trustees, 48 61 75 221 240
To give notice in writing, 77 104 14l
Of G<?o. Wing, £7 94 136 138164
S. W. Fulcher's, 158 225 308-
"SCHOOL FtfND,
Distribution of in Lumpkin county, « 50 61 328
Habersham county, 203 215
SRAYES* &c.
Liability of persons hiring. 51 60 81 98
Bodies of, executed to Medical Colleges, 78 103 117
P^evont keeping eatingbouses, 161 ^29 255
Oil Rail Roads from road duty, 175 220 340
Enforce act of 1803, 19.7 345 363
SALARIES,
Increasing Gov, &c», to repeal, 5l 60 8198
Increase jState House officers, 115 170 307
SECRETARY OF SENATE,
Mr, Pringle pro. tem. ISO
STATE! OF THE REPUBLIC,
Committee on? ^2
Bill referrad to committee, $1
SENATOR, 11. &
Resolution relative to election of, 54 55 57
f to postpone election;
STEPHENS HON. LINTON,
Elected Judge,
SAVANNAH, CITY COUKT,
Confer certain powers* 95 1£>^
^ icity Court of Summary trials, 132169 210
$HGW^ ^ regards Walker county, 133208 214
INDEX
SCHOOL COMMISSIONER,
To appoint in Jasper,
161332 371
SCHOOL SUPERINTENDENT,
To create office of,
198
STATE HOUSE,
Appropriate money to bnild,
J05 257 356
SESSION,
Com. on extending session,
2f7 292
SCHOOL—Common Fupd,
Gilmer and Lumpkin,
2^4,328 389
SUTTON Jl. G*.
To relieve,,
335
STEAMBOATS^—Ala. Planters,
Td incorporate,
361 443
SAVANNAH, »
Organize Volunteer Battallion in,
377 397 443
t.
TUGGLE, HON. ROBERT J.,
Of Campbell county, 4 42 45 »63All 157 29 9"
TATUM, HON. R. EU
Of Dade eounty 4 8 41 43 48 54 55 56 57 64 73*7995
• 112 121 141 162 171 185 4952S8 294
356 43# 4S3
TERRELL, HON- R-
Of Decatur county 4 43 68 77 103 413 134149
TURNER, HON. j. W.,
Of Elbyd county 45
THRASHER, HON. J. J.,
Of Fulton pounty 5 43 72 16$ f 14 4S5
tapley, Hon. j:m.,
Of Johfljson county 5
TAYLOR, HON.H. L.,
Of Randolph county 6 51 li4 155 159*
TAX RECEIVERS AND CQLLECTQR&
Consolidating 50 52 59 60 71 $4222 240
Alter time of electing 78103 119 2S5
Amend Act as to 199 34§ 349
TAX, EXTRA,
Inferior Court, Richmond, to levy 41 45 §4 222
" " Pierce, to levy 5160 7#14S 151165
« Murray, to levy 5160 76 145151165
»' " Ware, to levy 52 61 80
Schley, t© levy 80 103143
t( Tatnall, to levy 80104143
Gilmer, to levy 113 153201
H
INDEX*
555
TAX* EXTRA—Continued.
Inferior Court Cobb,
" " Rabun:,
" Sumter,
Amend Act Pickens,
Extra in Wayne,
*f Dawsonf
tv Muscogee,
" Lumpkin,
" Coffee,
Haralson", ^
TOWNS AND CITIES INCORPORATING?,
Rowden,
to levy
to» levy
to levy
to levy
to levy
to levy
to levy
to levy
to levy
to levy
1^1 169 249
134 207 212
135 20*7 213
159 229 243
160 232 255
197 258 350
19S 345 359
326 288 419 461
361397 397 437
3T7 397 442
Trehtoil,
Fort V alley,
Cuijbbert,
Hawkmsville,
Thompson, ,
D&wsonville,
Dahlonega*
Georgetown,
Washington,
Ellaville,
Athens,
Lincolnton,
Griffin,
Blackshear,
Perry,
Quitman,
Camilla,
Sytvania and Scarboro
Sparta, (Amend Act,)
Warrenton,
Port Gaines^
Cbicka^awhatchie,
West Point,
Powder, Springs,
Jonosboro,
SffiteVille,
Moultrie,
C^rUesville,
Hamilton,
Preston,
Dalton,
Lumpkin,
Cartersville,
Homer,
Lafayette,
gunmierville,
Rainbridge,
48 61 10&
49 59 69 145 151 165
50 59 71 222 239
51 60227
51 6b 81 ?%2 282
65 85 87
65 93 97
'66 92 191 322
67 92 101
86 104 143
88 94 136 138 164
95 168 181
97 136 20d 234 245
97 205 215 341
103*112 162
109 112 204 215 340
112 152 181
115 16§ 201
115 169 202
134 206 211
136 206, 336
158
161 230 255
17*5 256 352
196 257 356
2J3 328 342 379
253 329 382
266 328 383
290 330 388
326 416
336 364 418
339 $20
351 420
376 397 399443 460
387 460
888 468
399 462
399 460
55$
index:
TESTAMENTARY LETTERS,
N. A4 Long, to obtain 50 62 81 236 237 241
TEACHERS OF POOR CHILDREN,
T& pay in Muscogee
" « Hall
TREASURER, COUNTY,
To elect in certain Counties
To deiine dp ties of
To Repeal Act of 1852
TREASURER, STATE,
To Inake advances
TROUP, EON. G. M*,
Exempt Burial Spot
TAXE$,
Non-residents, where to pay
To refund to N. W, Bank
Te return to Clerk Superior Court
Donate Tax to Taylor County
Exempting certain persons
Exempting certain property
Amend Ta^ Laws, &c.
Tax dn latnd, where paid, &e.
TAX LAWS,
To alter,
Powers, Jolin A.
To compensate
TRUSTEES,
Authorize removal
Make returns, &c.
Relieve Margaret Hagin
Discharge W. Rogers
THANRS(^VING,
Resolutions on
TESTIMONY,
Of At^orn^ys
Regulate, of Attorneys
Taking by interrogatories
TELEGRAPHIC COMPANIES,
To Incorporate S. W. Mag' Tel Co.
v " Middle Ga. Tel. Co.
TRIALS,
Prevent delay
TRIPPE, J. R.
Resolution relative to
TlTLE>
Uhange title to land,
50 60 75 145 153 165
173 231 370
320 416
362 397 433
400 462
♦ 67 87 112 116 120
95 152 162
68 92 101 24(>279
77 102
133 207' 232
3 35 20? 306
172 231 347
174 256 317 3-51 421
» 175
102 135 192 245
33k 433
78 103 142
78 irr 112 188
80 10* 1,43 1SS
133 208
175 231 352
S3 94 101172
96 155 251 449
432 155170
133 £0 * 244 307
1I.7 25
193 345 359
339 419
340
377 442
index.
557
TAYLOR, J. S.
Vote of Thanks to 5q§
U*
underwood,'hon h. f.
Of Fayette county 5 134
University of Georgia.
TJo account for lands ' 7S IO3,161162
UPSON COUNTY.
To change time of holding Oouftg 13-3 208
Unfinished business.
Committee on 370
v.
vaughn, hon. w. m.
Of Putnam county 6
VANOVUR, HON. J. B.
Of Terrell county 7 51161
VOLUNTEER CORPS—To incorporate.,
Bainbridge Volunteers* 49 59 81 322
Infantry Corps at Fort Valley 50 60 72264
Oglethorpe Light Infantry 50 60 72 264
Griffin Light Guards 51 60 61 221 239
Floyd Cavalry 7® 1°3 H7
Newnan .Guards 88 94 136 138 145 164
Gate City Guards lf4.153 201
Bill to encourage 114 153 248
Georgia Grays 115 159 201
Macon Guards 132 207 212
Jackson Artillery 132 207 212
Upson Guards 208 213
Savannah Volunteer Guards 133? 217 214
Hancock Van Guards 134 207 211
Hancock Trpop 134,207 211
Georgia Ifussars 1^5 207 214
Corps in Greensboro, 158 327 242
Quitman Guards W 230 243
Artillery Corps in Athens 173 2
Company at Fort Gaines 173 230 248
Claims of Cherokee Volunteers 175 256 366
Jackson Rifles . 00a
Home Guards J91 330 386
fss?" ixs
SSXKST"' «g-
Clayton Volunteers 376 396 449
558
INDEX.
VETOES.
Bill to relieve W. Redwine
Bill to relieve Amy Clark
Bill to relieve Virginia L. Howell
Compensate Jurors in Dade county
Relief of Wm. Watson's legatees
Amend charter S. W. Railroad
Baipbridge & Florida Railroad
To relieve Mary F. Nunor
Certain persons to peddle
Bill to pardon WAifwojrth,
To relieve C. N. Terry
To relieve Reuben Cloud, &c
W.
WARE, HON J. B.
Of Heard county
WOFFORD, HON. THOS. j.
Of Cass county
WHITTLE, HON. JAMES
Of Chatfahootchee county
WORLEY, HON. W. W.
Of Chrokee county
WILLIAMS, HON. JOHN
Of Clinch county
wilsqn, Hon. j. r.
Of Columbia county
WILLIAMS, HON C. j.
Of Muscogee county
165 166
179
266 309
295
295
297
1603
878 401
379
403
41^ 414
435
66
4 64 $5 111
f 64 64
4 77 111 132 258
i 64 95» 113
4 65
WALTON, HON. S.B.
Of Stewart county
WHALEY, HqN. J. H.
Of Thomas county
WEST, HON JAMES
of WJiite county
WICKER, HON. T. O.
Of Washington county
WITNESSES.
To compensate
To i^ue process
WOODS.
Prevent burning
WORDS.
Certain actionable
WILCOX.
Act relative to Wilcox county
Add to 2d Congressional Dist.
6 8 42 51 115 133 ip-5 182
195 197 279 295 <^4 474
6 67
7 97
7 41 56 ll£ 133 153
43 115
§2 61 83
183 257 355
113 X53 191
131 169 251
6892101 228 239
109 203 216 233 245
INDEX. 559
western &• atlantic r. r.
Create fund from Gg 93
Freight on lime 68 93 106 116 140 205 215 337
WILLS.
For probating 77 702 141
Relative to William Martin's 78 105 117
days* notice 96 155 306
Amend act probating, 140 205 216 374
Amend act of 1857 157 225 374
WELLS, EVERETT
Reimburse heirs of 158 225 308
WOQL*
Protect wool growing interest 199 346 361
wAyne county.
Non residents, &c 290 330 389
WHITEPATH «GOLD AND COPPER COMPANY.
To Incorporate £39 420
ways, laying out.
In Henry county 387 461
YOUNG, HONl G. W. ft
Of Irwin eounfyv 5 30 183
YEAS AND NATS,
43 44 55 56 57 58 82 88
•§9 90 91 08 99 107 110 111
117 118 119 120 121 122 123 124
12T5 126 127 128 129 13? 147 148
150 167 X7V 178 182 183 184 186
187 190 192 193 *218 219 220 221
235 236 237 238 246 247 250 251
25? 258 259 260 261 262 263 267
268 269 270 271 272 273 274 275
277 279 280 281 283 283 284 285
2&6 287 £89 290 292 296 297 299
30? *301 302 305 316 317 319 324
33l 332 <333 846 *353 356 869 371
874 380 385 390 402 407 411 413
427 439 450 451 454 455 469 472
475 476 480 483 484 486
489 490 511
YOUTH
Protect morals of,
113 154