EIW UNIVERSITY
JOURNAL
Hi
ram
OA
' AT AN ANNUAL SESSION
QF THE
&$?!*?#?
BEGUN AND 1IETD AT
MILLEDGEVILLE, THE SEAT OF GOVERNMENT^
1ST, iff'3¥. J&.W& D33C;
MILLEDGEVILLE:
PRINTED BY CAMAK & IIAGLA.NP
1820.
IOTWl
OF
ma
OF THE
Sf'ftff (Of
At an Annual Session of the General Assembly begun and held at
the state house, in the town of Milledgevill?, on Monday the six h
day of November, 1826—the following members from their several
counties attended, and the Hon. Valentine Walker chosen as chair-
man, having taken his seat, they produce ! their credentials and were
severally sworn agreeably to the Constitution of this State, and to
support that of the United States, by the Hon. Ch#rles J. McD nald,
one of the Judges of the Superior Courts of this State, and took their
seats, to wit—
i
From the counfy of Elbert, the hon. Beverly Allen.
From the county of Montgomery, the hon. James Alston.
From the county of Franklin, the hon. Thomas F Anderson!/
From the county of Liberty, the hon Wm. VV. Baker.
From the county of Warren, the hon. Edwin Baker.
From the county-of Wilkinson, the hon. Samuel Beatl.
From the county of Habersham, the hon James Blair.
From the county of Crawford, the hon. John Bla kstone.
From the county of Pike, the hon. John H. Brnadnax.
From the county of Camden, the hon. Hugh Brown.
From the county of Decatur, the hon. James Brown.
From the county of Hancock, the hon. Eppes B^own*
From the county of Monroe, the hon. George A Brown.
From the county of Oglethorpe, the hon. James Brockmad.
From the county of Jasper, the hon. John W. Burnry.
From the county of Butts, the hon. John R Cargille.
From the county of De Kalb, the hon. Fully Choice.
From the county of Telfair, the hon. John Coffee.
From the county of Clarke, the hon. Augustin S. Clayton.
From the county of Pulaski, the hon. Nelson Clopton.
From the county of Chatham, the hon. Wm. C. Daniel.
From the county of Ware, the hon. Joseph D i;Jl.
From the county of Bryan, the hon. R. H. Footman.
From the county of Columbia, the hon. Arthur Foster,
Fjrom the county of Lincoln, the hen. John Prazier.
Fk-om the county of Madison, the hon. Samuel Groves,
From the county of Jefferson, the hon. W. N. Gannon,
From the county of Wayne, the hon. Moses Harris.
From the county of Putnam, the hon. Thomas Hoxey.
F nm the county o( Jones, the hon. Gustavus Hendro k?
From the count) of Lam ens, the hon Josiah Horn.
From the county of Taliaferro, the'hon. Absalom Janes.
From the county of Newton, the hon. Harrison Jones.
From the county of Lowndes, the hon. Wtn. A Knight,
From the county of Burke, the hon A.J Lawson. ...
From the county of Ecariue!, the hon. John Love.
From the county of Bibb, the hon. Timothy Matthews.-
From the county of Mcintosh, the hon. Alien 13 Powell.
From tne aoanty >f Rabun, the hon. Tiimjpi Powell.
From the county of Baker, the hon. John S. Porter.
From the county of Effingham, the hon Clem Powers,
From the county of Thomas, the hon. D tican Ray.
From the county ot Uooiy, the hen. Joel L. Scaj borough.
From the county of Early, the hour Richard C. Spam.
From the county of Glynn, the hon. Francis M. Scariest-
F ont the county of Henry, the hon. James Sellers.
From the county of Scriven, the^hon William Smith*
From thcounty ot Greene, the hon. Thomas Stocks.
From the county of -Morgan, the hot,. Young Stokes.
From tae county of Fayette, the hon. James Strawn.
From the coun y of Appling, the hon. Turby F Thomas.;
From the county of latnall. the hon. Geo. U. Pippins.
ji*rom the county of Richmond, the Iron Valentine Walker.
From the county of Upson, the hon Zachanah White.
From the county of Jackson, the hon. David Witt.
From the .'coutify of Houston, the hon. Win Wellborn.
From the county of Baldwin, the hon. John Williams.
From the county of Twiggs, the hon. Keekiel YVirobcrly.
From the county of Wilkes the hon. Thomas Woolen.
Fyom the county of Gwinnett, the hon. Elish.e Wynn.
Frpm the county of. Hall, the hon .'Richard Wynn.
From the county of Bullock, the hon. Michael Young.
The Senate (hen proceeded by ballot to the choice of their Prei
dent; and on coaming out the votes, it appeared that the Honoeabk
Thomas Stocks, of the county nf Greene, was duly elected Presides]
of the Senate of the State of Georgia.
They then proceeded in like manner to the choice of their Sec™
tary ; and on counting out the votes, it appeared that Win. Y. Hal
sell, Esq. was duly elected.
They then proceeded in like manner to the choice of their Mejj
sctiger; and on counting out the votes, it appealed that Henry Darnell
V s duly elected.
The Senate then proceeded to the choice of 'heir IF or Keepe
and on counting out the votes, it appeared that Guy W. Sudih w
duly elected.
th« Sena.c tnen adjourned until to-morrow morning 1-0 o do
cJ
5
TVE8QJIY, November 7th, T 8:2.5.
On motion of Mr. Scarlet,
Resolved, That the rules of the Senate of the last session be adopt*
<&d for the government of the present session until altered.
On motion of Mr. Baker, of Warren,
. liesoived, That the Secretary of Senate do inform the House of
■Representatives that th Senate are nonorganized and ready to pro-
ceeil to business, having made choice of the Hon. Thomas Stocks, of
Greene, as their President, and William Y. Hansel!, Esq. their Se*
cretary.
Mr. Baker, of Warren, also laid on the table the following reso-
'lution:
Resolved, That the President proceed to the appointment of the
following standing joint committees on the part of Senate, to wit:
On the state of the republic—on finance-—on internal improvement
—an public education and free schools—-on banks—on printing—on
the judiciary—on enrollment—on the penitentiary, and a military
committee—Also, committees on petitions, privileges, and elections,
and to examine the engrossed journals of Senate to sec that the same
are correctly brought up
Mr. Baker, of Warren, also notified the senate, that after to-day,
he would move for the appointment of a committee to prepare and re-
port a bill to repeal an act entitled .an act to lay oSF the State into
seven congressional districts, passed the 22J Dec.'1325.
Mr. Burney notified the senate, that, after to day, he would move
for the appointment of a committee to prepare and report a bill to
i-nco porate Constitutional Hall Academy, in Jasper county.
Mr. Jones notified the senate, that after to-day, he would move for
the appointment of a committee to prepare and report a bill to re*
peal an act passed at the last session of the Legislature, entitled an
act to create a Board of Public Works, and to provide for the com -
raencementof a system of internal improvement.
Mr. Sellers laid on the table the following resolution :
Resolved, That a committee be appointed on the part of senate to
Join such committee -as may be appointed by the house of represen-
tatives, to prepare and report a bill to provide for the adequate com-
pensation of grand and petit jurors.
Mr. Clayton, of Clarke, notified the senate, that after to (lav, he.
would move for the appointment of a committee to prepare and re-
port a bill to altej* the 1st section of the 4th article o! the Constitu-
than, so as not to reqaire the payment of taxes to entitle a citizen tb
a vote for members of the general assembly*
8
Mr. Bro*dnat notified the senate, that after to day, he would move
for r.he app^i tment of a comniittee to prepare a' d report a bill to
divorce and separate Elizabeth Palmer and Ehsha Palmer her husband;;
Mr. Clayton, of Clarke, notified the senate, that he would after
to day, move for the appointment of a committee to prepare and re-
pen a ^ill *o define the. liability of indorsers on promissory notes, and
place them upon the same footing of securities.
Mr, Scarlet notified the senate, that after to day, he would move
for the appointment of a committee to prepare and report a hill to
alter and amend the road laws of the county of Glynn, so as to make
the commissioners of roads eleetive by the people.
Mr. Stokes notified the senate, that he would after to-day, move
for the appoints em of a committee to prepare and report a bill re-
tjuir it g ail sheriff's in this state, that after making a levy on personal
property by virtue of any execution in their hands, the defendant
slvdl have the liberty of g vingbond with approved security in double#
the amount, for the delivery of S3id property on the day of sale, un~
less good cause be shew n to the contrary.
Mr Scarlet notified the senate, that after to day, he would move
for the appointment of a committee to prepare and report a bill to
give further tin 0 fo fortunate drawers in the land lotteries, of the
years 1818 and 18-21, to take out their grants.
Mr. Winn, of Hall, notified the senate, that after to day, he would
move for the appointment of a committee to prepare and report a bill
to r< peal an >ac entitled an set to set apart and reserve for the use of
the Sfafc, all valuable ores, mines, and minerals, winch have been, or
mav hereafter be discovered upon lands which now are, or may here-
after be, the property of the State of Georgia; and to make penal aud
provide for trie punishment, of (he.removing, carrying away, or secret-
ir.g .he same, to the loss of the Slate.
Mr Harris notified the senate, that after to day, he would move for
the appointment, of a committee to preaare and report a bill to ap-
point commK-ioners to dispose ef and sell <he lumber and site for the
new court house, at Wiley Robson's, in the county of Wayne-
Mr. Rlaikstene not'fied the senate, that after to day, he would
move for the appointment of a committee to prepare and repoit a bill
to add the-reserve at the Agency on thisside of Flint river,to Craw-
ford county. -
A message was received from the house of representatives by Mr..
Xh-.wson. their clerk, informing the senate that the house of represen-
tativfs were now organized having made choice of the Hon. Irbjr
Hudson, a member elect from the county of Putnam, their Speaker,
and Wiiiotm C. Dawson, Esq. their clerk, and were ready to proceed
to business
And he was also d rected to inform the senate that the house of
representatives had appointed a committee*' consisting of Messrs*
7
VYfford, Holt, of Eichmnnd, West, Hull, a*d S dfi>ld„ to join 8>fh.
o-.rruiifee as may be app-m.ed on tl*- p» r "} tin: s< na:»-*. t •„>, t
p."i his excellency the Governor, and inform h?«it " a- tr-e general
g,emb!y are now nrjraiscicd and ready to receive any cnmu>uoica;ioa
vhi' b he may lay before them-
The clerk havii g wiiiultawn,
The senitre iook up the me.ssa.ee ahd concurred therein ; and added
kri t( eir parr, a commit !ee consisting of Messrs. Clay inn, of Choke,
fVV'alker, and lirockman.
Mr. Glacton, of Clarke, from the joint committee, anpoiuUd to
jrai' on his excellency thr Governor, atirl it form him that the gen-
>ral assembly are now organized, repot ten,
That thev had pet formed the duty assigned them, and receiver! for
ittswer from his Excellency, that he wtm'n l,sy b foie both bianches
al the Legislature his communication at 12 o'clock this day.
; H,r- Daniel obtained leave to report instanier a bill to regulate the
intercourse between the banks of this Slate and other institutions and
i broke* s*
Which was read the first time.
The following communication was received from his excellency the
Governor, with accompanying documents, by his Secretary, Mr.
Pierce, to wit:
Executive Department, Georgia. >
Mutedgeville, 7th November, 1826. £
Fellow Citizens:
^The political year just terminated, has been distinguished by noth-
ing so much as the decease of Thomas Jetieson and John Adams,
who, after laying the foundation of American Independence, and fill-
ing the highest offices of State, through a long series of time, survived
to the Fiftieth Anniversary of the Independence they had declared,
and on that day, almost at the same hour, died full of years and full
of honor, deplored by the whole nation, whose grief was testified by
a universal mourning, accompanied by every demonstration of love,
respect and veneration—Among the many tokens of the tender mer-
cies of Divine Providence toward our country, none have been more
signal than those which accompanied this memorable dispensation—
so much so th^t our sorrows have found solace and comfort in the ad-
miration and gratitude due to Almighty God for the special ioterpo-
sition which, by its circumstances, made their deaths not less glorious
than their lives had been exemplary and illustrious.
It was known to the last Legislature, that for certain reasons ex-
pressed by the President of the United States, he would call the at-
tention of Congress, at their fi st meeting, to the validity of the Trea-
ty negotiated at. the Indian Springs in 1825 .; and in his Message to
the Congress at the opening of the session, after announcing that
" the Treaty had been ratified under the unsuspecting imps ess'ion 'hat
it had been negotiated in good faith,'' he promised to lay before that
body the subsequent transactions in relation to it. Tee Preside nt
failed to do so—Toward the close of the session of Congress he bid
submit to the Senate a. new Treaty in abrogation of the ©id one, with
8
A general derivation of the falsehood and deception practised byUtt
Ch muitssiooeis, m their official com munica lions with the Govern,
meat, ot the numer ical inferiority of the party which signet! it, and
of 'heir consequent inability to carry it into effect, but unsccompa.
Died bv a single document or voucher to support any feet or principle
contained in that declaration ■—The Senate, as you know, ratified the'
Treaty; and tne one of the Indian Springs of prior date, of prior
ra'ification. and passing vested rights to Georgia, was declared nuB
and void. The objections to this proceeding, considered altogether
novel and unprecedented, were obvious!—Georgia, for whose benefit
alone the Treaty was negotiated, was deprived, without her consent,
of interests already vested—The party with whom the Old Treaty
had been negotiated was not recognised as a parry at ail in the con-
elusion of the New, and in the execution of the New Treaty, with-
out their consent and even against their consent, they have not mere-
Jy been deprived of every right which they could claim under the
old or new, but have been to all intents and purposes denationalized,
at d forced either to Submit unconditionally to the power of their *2n.
eraies or to abandon their country. It was with a knowledge of what
was in prospect, from the first annunciation of the President to Con-
gress, that the Legislature cf Georgia, at the close of ifs session,
again reviewed and again confirmed the validity of the Treaty
•of the Indian Springs. This confirmation was the niore imposing,
because the Legislature which first acknowledged the authority of
that Treaty had returned to the people, its conduct, had been passed
in review, and of ceur.-e a favorable verdict pronounced upon it.—
The act of the Legislature, founded on the provisions of the Old
Treaty, having been, as it were, re-enacted by s succeeding Legisla-
tare, was fa be regarded as mandatory and imperative, to be carried
into bv the Executive under his oath of office, according to if5
requisitions, unless forbidden by paramount considerations—there
could he nor.e paramount; but what would he found in the Constitu-
tico of the United Si sirs, and none such were found. The Consti*
lufion itself, in denouncing an act impairing the obligation of con-
tracts." recognized the sacredness of the Treaty of the Indian Springs'
The Executive of Georgia, therefore, had no alternative but to carry
that Treaty info effect, in conformity with the repeatedly expressed
will of the Leg'slarurp-—His intention's w ere early communicated in
the most frank and ingenuous manner'to the Executive Government
at Washington, and from that time to they're sent moment, he has nev-
er ceased to remonstrate and protest, on every occasiofi requiring it,
against any art injuriously affecting interests of Georgia derived on-
dcr it-—But there were other reasons for maintaining the inviolability
of the- Treaty of the Indian Springs—By that Treaty Georgia had
acquired all her tearitcry within the Creek limits—by the new, she
was to acquire loss—and the difference betvveen them was, by the
Stipulations of the new, guaranteed to the Indians forever. The Go-
Terror could in no manner recognize the power of the President and
Seriat-*, by the abrogation of the old Treaty, to violate the Constitu-
tien of Georgia—The t'onsti uiion of Georgia, as well as the Arti-
Hes of Agreement, entered into in conformity with it, had settled her
nermanent boundaries irrevocably. The new Treaty prescribed new
(pniiidarins for Georgia, and by its perpetual guarantee made fhcd».
9
permanent—Lands, the rightful property of Georgia, were taken
from her arm ceded "to the Indians forever, and the jurisdiction over
the river Chattahoochie, which had been secured exclusively to her
by the original charter, by her Constitution, and by toe Articles of
Agreement and Cession, was divided by the new Treaty between
Alabama and Georgia —As no power is given by the Constitution of
the United States to the Gove, ruriont of the United States, to alter or
revoke the Constitution of a State, it would have been not merely
an unpardonable indifference to her rights and honor to have submit-
ted in silence to these palpable infractions of them, but the Chief
Magistrate would have believed himself guilty of a criminal deser-
tion of the interests of the State, if his sanction or countenance bad
been given to such an instrument. If the diffffience between the pro-
visions of the old .and new Treaties, had been a nominal, not a real
difference, the United States and Georgia could have proceeded in
good faith, and without collision of interest, to execute either, as the
one or the other was believed to be the Constitutional law ; but as
those provisions were variant in several particulars involving essen-
tial rights, and as one of them especially, whether so designed or not,
would have effectually postponed the settlement of the country for
an entire year, it could not be expected that Geor gia would surrender
rights, interests and principletoo, because the President of the United
States considered the New Treaty the Constitutional Jaw. Toe Go-
verntnent of either State is to be considered a, an independent moral
agent, having a conscience of its own, the arbiter within itself of right
and wrong, to be influenced or controlled only by Divine Authority;
and the conscience of this Government has already passed definkive-
ly on the validity of the Treaty of the Indian Springs.-—And here
permit me to remark that with-.regard to the rights of sovereignty
and juiisdiction generally, which Georgia claims under her charter,
to the territory within her limits in the occupancy of the Indians,
there is gueh a radical difference of opinion between the authorities
of Georgia and those of the United States, that the harmony and
tranquility of the two Governments, »o much to be cherished by all
good men,,, can never be' maintained uninterruptedly until those In-
dians shall have been removed. In Piu.3tra.iinn of this, it is sufficient
to inform you (hat on a recent occasion the right of Georgia to make
even a recoi-nnisance within that ierriroiy, with a view to eventual
Interna! Improvement, was denied, and that denial accompanied by
a formal protest of the President of the United States, against it :
and, moreover, that when about the same time there were indications
of an hostile feeling on the parlor the Indians, which threatened in-
tcrrupti'on to our Commissioners engaged in running, with the con-
sent and approbation of the United States, the dividing line between
Alabama and this State, and precautionary measures were taken for
their safely, Georgia was given to understand that she hid no right
to extend her protection to her own officers engaged on her own soil
in carrying into effect an act of her own Legislature against such
hostility. It is in vain to look into the Consitutioo of the United
Stales to find what rights of sovereignty and jurisdiction acquired .un*
der the charter over the territory within her limits, Georgia has sur-
rendered to the Federal Government—No such surrender has been
imadc, and yeijGcorgia, ia her late intercrncse with tho United Stales,
4#
$k§ been treated in this respect as it she had no rights of sovereignty
or jurisdiction at all, & this too whilst the laws of the United States,
as well as the Articles of Agreement and Cession distinctly recog-
nise and proclaim them, and of course to the very same extent as
they are asserted by the Treaty of Ilopewell and others.
The forlorn and helpless condition to which the Mcintosh, Or
friendly p uty of the Creeks, have been reduced by the continued per-
secuthns fo which they have been exposed, is submitted to you as
claiming your humane and benevolent consideration. This portion
of the Creek tribe, having fought the battles of the United States and
vanquisher! the hostile part of it, who were at once their enemies and
the enemies of the United Stares, it was hoped that they would have
been regarded with some degree of favor by that Government and
people, in whose defence they had expended their blood and put to
hazard every thing dear to them- For a time this hope was not riis-
appointed—General Jackson, by his Treaty of 1814. had recognised
their services and their claims—Their Chieftain was distinguished by
the favor of the Government, and he and his followers were regard, d
not only as the faithful and devoted friends of the whites, but as the
conquerors of the Red Sticks, then numbering two-thirds of the whole
nation, whose rights of territory, by the laws of war, passed to the
victors. It was the conviction of the justice of their cause and of
the rights acquired by it, which dictated the letter of the Secretary
of War of the 17th day of March, 1817, recognizing in full the pow-
er of Mcintosh and his followers to sell the country. When, in obe-
dience to the expressed wishes of the United States, Mcintosh with
others, proceeded at the Treaty of the Indian Springs, to exercise
this acknowledged power, the power was denied, and the murder of
himself and Chiefs which followed, looked upon without en otinn,
whilst the murderers were cherished, caressed and honored by the
G ovcrnment of the United States—his followers left without home,
without protection, without bread, and finally denationalized and put
Under the ban—so that at last they were considered as no part of
the nation, having no claim of territory, and of course no rightful
participation in the consideration for which the territory sold—and
what is worse than all, the money which should have been given to
them under the Treaty, not only given to their enemies, but made the
fastrumentof seducing from their allegiance the friends of Mcln-
tosh, who had no alternative but to take their bribe or share the ca-
lauriries of the patty. To complete their degradation as an unwor-
thy and ignoble race, the President, in his official message to the Sen-
«te, has deigned to stigmatize them as "an impotent and helpless mi-
Rarity," "unable to execute their engagements''—"as fugitives insti-
gated by a vindictive fury," "making extravagant and unwarrantable
demands, whilst they were eating the bread and begging the protec*
fkm of the United States." And again, as "a party making unwar-
rantable pretensions and extravagant demands, and having no claims
on the United States, other than of impartial and rigorous justice."
Is it to be wondered that under such treatment ihe fiiend'ly party
should be reduced to a mere remnant, an impotent and helpless initio-
rify, or is it not a subject of wonder, that instead of the 1000 which
remain, thee should be one left bearing the name or rallying under
fee standard of Mcintosh. We cannot permit ourselves to believe-
tKat the Congress of (he "United Stafe«, v/i'i rot if self regard tvitb
tenderness and compassion a portion of die human family, reduced by'
reverses to piteous distress, deserted by the inconstancy of friendship,
and abandoned to the sports of fortune.
Whether in reference to that part of the territory of Georgia, yet
■in the occupancy of the Cherokets, you will think proner. in con for*
mitv with the recommendation to that effect.contained in a late mes-
sage, to extend the laws over it as a right resulting from your general
sovereignty and jurisdiction, or whether you will abide the result of
future negotiations by the United States, to extinguish their claims
in virtue of the compact of 1802, will be for you, as the only com-
petent authority to decide, A state of things so unnatural and so
fruitful of evil as an independent government of a send barbarous
people co-existing within the same limits, cannot long continue, and
wise counsels must direct, Inst relations which cari"of be maintained,
in pease, should be dissolved before any occasion can occur to break
that peace. How ungenerously tantalizing to this unhappy tribe
would be a policy inviting them to a local habitation and repose,
when the fates had alresdv docieed .their destiny *o be fixed and ir-
reversible upon another soil. To perpetuate the remnant of a noble
race, we ask of the United States to give them a resting place within
boundaries of their own, fruitful, ample and salubiious, such at they
command, and such as in humanity they should bestow, wliere the
arts of civilization and the lights of Christianity can reach them un-
mixed with the corrupting and contagious vices of the whites, and
where their perpetuity and independence can be assured.—If theUni.-
ted States hesitate now, a few years will bring them to just refiec-
tions, but too late to save from irredeemable waste and decay the mi-
merical strength and moral energies'of a people, so far preserved by
(he encouragement and patronage of the Uni-ed Mates, with the tolc*
ranee of Georgia.
Messrs. Crawford, Blount and Hamilton, were appointed Commis-
sioneis, James Camak mathematician,assisted by the Chief Civil En-
gineer, and Edward L. Thomas surveyor, in pursuance of a resolu-
tion of the Legislature, to run the dividing Hue between this State
and Alabama. These gentlemen have, in the execution of their scv-
eral trusts discharged the duties confided to. them to my.entire satis-,
faction. Those assigned to the Commissioners were delicate and ai -
duous, and whilst they respected as tiiey ought the rights of others,
they have not been unmindful of w hat was due to the Sts'e they rep-
resented, its honor, interest and dignity. The Chief Civil Engineer
having received the appointment from the Executive, was to be consi-
dered asunder his exclusive direction and control, until (he meeting
of the Legislature. His power over this officer was, however, from a
'consideration of fitness and propriety, voluntarily and cheerfully,
but informally, surrendered to the Board of Public Works,-with a
settled purpose not to interfere with the exercise of that power, un-
less claims to his services of higher interest to the public, should at
any time be interposed. An occasion offered, and he was ordered,
without hesitation, from the less to the more important service, ft is
<o be regretted that the Commissioners of Alabama could not feel
themselves authorised to concur with those of Georgia. The correfe
12
$ondenec between the two commissions wiH exhibit the views ©f eati*
and it is not presuming too mnch to say, that those of (eorgu ars
not the less satisfactory, because they have not received ifie concur-
rence or approbation of the Commissioners of Alabama. If the fust
bend above Uchee and Coweta and Cussetah towns,from which alin-
to Nickajack did not strike the river, would not satisfy the requisr-
tions of the Articles of Agreement and Cession, it wa.snot to be ex-
pected that any other bend above it, and far her removed from Uchee
and the Towns, would. It was the less to be expected that the Corn-
xnissioners of Georgia would consent to pass that bend, for no otheb
reason than that Alabama would take more and Georgia less of ter*
r tory by it—And when the Commissioners, without the concurrence
of those of Alabama, finally adopted the point of Miller's Bend, it
was the point which was about midway between that assumed, as the
true one by the Governor of Alabama, and the one ultimately propo-
.sed by her Commissioners to ours—As the Commissioners of Alabama.
Would not agree to run from the first, bend immediately above Lfche«^
and as a line running from, that bend intersecting the river,.would
have made the boundary not a straight ope as comeinphted by ihe
Articles, but a devious one, straight upon the land and meandering on
the water, it is difficult to perceive how the Government of Alabama
can withhold its assent from a boundary which contemplated in all
its inspects, would seem, at least to us, to reconcile more differences
and present fewer objections, than any. The Commissioners of Alas
bama appear to consider Georgia as the principal party to the mens*
pre, having deepest cencern snd interest in it,and the boundary.hav-
ing been established by the Act of Georgia, any participation in the
expense has been declined, and the whole of it suffeied to fall or
this Government alone. The expense therefore, unav id ably cornrid-
erable, is believed to have been incurred with as little of wasteful?-
nessand extravagance, as could be expected from an1 operation' so
tedious, and conducted under so many disadvantages. Therepoi^
correspondence and documents, relating to this subject, with the act-
count of the expenditures, will be iaid before you.
It is proposed, in concert with the .General Government, to com-
mence running the dividing line between this State and Florida, on
the first day of December next. The correspondence in relation to
it is submitted, and it will be seen that no difficulties can be expected
to arise to embarrass the operation or to prevent the most desirable
conclusion of it.
After a tedious correspondence with several of the most distin-
guished of the Engineers of the United States, from which no satis-
factory result could be promised, Hamilton Fulton, Esq. a gentleman
of known integrity of character, and recommended by the most emi-
lient of the Engineers of England, was appointed to the office of
Chief Civil jKngineer. It is hoped that Mr. Fulton will not disap-
point the just expectations of the public. The proceedings of the
Board of Public Works, after, their first organization, are submitted
to you. A plan of internal Improvement having been digested and
prescribed by the Legislature, nothing remained for them but to adopt
flie most prompt and appropriate measures to carry it into effect*--?-
•i'vtc report of the Board and of the Chief Engineer, will disclose tHfer
first practical ops rations under them, and will enable you to decide
upon the merits of the past, and what for the future, in furtherance
of the plan, the public interest sh&ii require. To open new sourer®
of commerce, ami give facilities to those already open, are the great
objects of the system. It by a c-nnmunication between the waters of
Tennessee and those of Georgia, the trade of the Mississippi and
Ohio can be diverted to our Atlantic ports, the freight and commis-
sioi;s would more than sulfite to replace, with the ordinary interest,
the capital which might be employed in effecting that communication;
and if this were true at ihe beginning, the progressively increasing
commerce which an almost unbounded region, with rapidly augment*
ing population, would supply, might convert a channel of intercourse
into a permanent som ee of revenue to the State. Whatever can be
reaiized in this respect, will depend on the facilities given b? the pro-
jected canal across the Pepinsula of Florida, winch, forming a line
of steam boat communication between the Western waters and our
Atlantic ports, cheap, continuous and comparatively safe, may have
advantages over the .short and more direct toule, not open tothisval-
uable instrument of conveyance.. As connected with such an under-
taking, the States of Vlabama and Tennessee have been consulted^
-and their views in relation to it, so far as communicated, are sub-
United.
With respect to tha t part of public improvement, designed to facil-
it ate the intrrcouses of trade within our own limits, the obvious rule
will be to adapt our measures not only to the actual state of the trade
and commerce of the country, but to the means which we can com-
maud to give efficacy and success to them ; and, whether canals, or
rail roads, or turnpikes, shall in different situations be considered as
best adapted to this end, to limit both capital and labor to a single ob-
Ject at a time, uhtil that object is accomplished. It need not excite,
surprise, if, before a long time, with the exception of the level alluvi-
al country, the rail will universally supercede the canal, having the
advantage of cheapness, expedition, he&lthfulncss, safety and cer-
tainty.
You will receive with other documents on this snbject, a cammuni-
cation from the Governor of South Carolina, which looks to the im-
provement of the navigation ot the Savannah liver, by a concert of
measures aud combinanon of resources of that S'ate and this, de-
pending on the authority of their respect've Legislatures, with my an-
swer, which v.i 1 j disclose !o you my own views and opinions in rela-
lion to the subject, and to which it may be only necessary to add that
those views and opinions remain unchanged..
The honorable William Schley, in compliance with his engagements,-
has completed his D gest of the English Statutes. The work was
approved by the fcixccu ive, and it is believed merits and will receive
the approbation of the Legislature. If to this work were added a
Di gest of the Common and Sia»ute Law, or if she principles of these,
the Civil Law and of the Napoleon code, as applicable to our concii-
tion anil circumstances, could be embodied in </ one general system
of jurisprudence, taking the place of all, it would be worthy the ref
44
finement of tnft age, and would confer imperishable honor on fhe le-
gislators and sigcs who would d-vise and execute it. No system of
jurisprudence will avail for all the beneficient ends of i's institution,
without a well organized Judiciaay to carry it into effect, and ori this
subject it may be sufficient to remind the Legislature of that defec-
tive organization of our own, to which its attention has been so repeat-
ediy,bat hitherto unprolitably caded. ,
Our academic institutions continue to flourish, and Franklin' Col-
lege at the head of them, sustains its merited reparation. To its
other P. nfessorships a rh ir of Moral Philosophy Rhetoric and Relies
L^tt'es, has be* n added, and die discipline and subordination main*
tamed by the proper authorities, are nor known to be surpassed by
those which prevail in the best regulated Colleges of the county.
It is recommended to you to consolidate the poor school fund, to
augment it, to secute by sufficient guards its faithful appl cation, and
to diffuse its benefits as extensively as possible among the poor and
indigent. These are the classes of community who ui their means
of livelihood, fall below mediocrity; and who, on this account, as
well as on account of their numbe s, have the strongest claims for
that assistance which will enable thern by the instruction of primary
schools, to discharge in peace and in war, with most usefulness to
themselves and advantage to the country, all the duties of good cifei-
Zens.
Of the militia, nothing will be abided to the numerous invitations
given to the Legislature for the revisal and improvement of a system
so radically defective, that it is almost impossible to maintain the ne~
ce»sary organization under it—The evil has found a palliative, how-
ever, in the encouragement extensively given to the formation of vol-
unteer corps ('avalry and infantry) which now present a force highly
respectable for number, armament and discipline, ready to be called
into -ervice at a moment's warning, and inspired by the most patri-
Otic sentiments.
The annual reports of the different Ranks are submitted—The in*
terests of the State, of the Stockholders, and of the trading and com-
mercial community, claim your immediate attention to the actual con-
dition of the Rank of Uarien—Whether it shall be left to the opera-
tion of time, under the direction of the institution as established by
the charter, to restore the capital with a view to ulterior active opera-
tions, or whether the Legislaiure, for the purpose of restoring the
capita! with a view either to further operations, or a final settlement
of its affairs, shall take the management into their own hands, are a!-
ternatives suomit'ted to your discretion Your decision will be gov-
erned by an estimate of the deep stake which the Treasury has m the
event—.the inconvenience resulting to all the parties concerned, from
a postponed restoration >f the chpital, of the proportion which the
circulating medium bears to the actual demand for it, and of the povv-
ers which you yourselves possess of giving the desired efficacy to any
measure for the accomplishment of either or all of these objects.
The organization of the Territory lately acquired by the Treaty of
the Indian Springs,-will be a subject of early attention. The public
^je&ervatrons will particularly require a prevision, which wi*' »«£
merely place them b- vond t( e probability of trespass o; in rusion,
but will make them available, with the least possible delay, lor all the
bctiefi s and advantages expected to be derived from thera.
The claims for militia services, remain unacted on by Cong ess*
Our citizens interested in them suffer by the delay, whilst the d*-lay
results in no advantage -o the United States. It is indeed a useless
procrastination of what must inevitably come to pass a> an irn versi-
ble decree of justice. The objection, hitherto taken, of the meision
of these claims in the Articles of Agreement and Cession, must be
satisfactorily removed by the evidence communicated from this De-
parfment, and which shews that the Commissioners of the Uniied
States, who negotiated the Articles, subsequently recognised the
claims as in no manner connected with the stipulations of that in-
strument.
The militia claims and the territorial claims of Georgia, remaining
unsatisfied for twenty or thirty years, have given rise to the unhappy
differences, subsisting between the Federal Government and this Ifc
is sincerely hoped 'hat these differences approach to an amicable ter-
mination, and that enlightened counsels united to better feelings, will
restore the harmony which it is so much the interest of both parties
to cultivate and cherish.—Wrong has been done to Georgia—her views
misrepresented, and her character traduced; but wrong will come to
right, and what prejudice has misrepresented, history will correct.—
That history from infancy t> the present moment falsifies the charges
by which malignancy has sought to make her odious. In all her de-
partments, her representatives and magistracy, in peace and in wat^
have failed in nothing of their duty to the United States. To the
constitutional law, a ready and cheerful obedience has been rendered
at all times. In seasons of danger, her contributions have been given
without stint, and her sword drawn upon the first appeal. If for
these she c'aims no merit, she deserves no reproach—i'hey are the
righteous only whom we acknowledge as our peers, and to their judg-
ment we submit our actions without bespeaking for them any thing
but the award due to their intrinsic merits.
I cannot conclude this message without congratulating you on the
blessings communicated to society by that universal toleration of re-
ligion (the,guarantee of our political constitution:-) by which the in-
tolerant himself, as well as the believing arid unbelieving, are exempt
from all responsibility, bu» to their Maker, whilst the numerous &ec-
taries of the Christian Chi i eh, diffeiing in creeds, but united in the
faith given to tee sermon on fhe mourn, preach ard worship securely
almost in the same temple, spreading the benign riocwine* of that
sermon far an«t wide, impressing their sa.crednevs by precept and ex-
anp'e, and l«y;ng the prosperity of society it the deep foundations
of a pure morality.
It becomes na'inn«and communities, like individuals, from time to
t'Dic o rem er h'-mage and in ora n.n :o he supreme Governor of the
IvfiiYerse, the Author oi every good, to acknowledge his power, to
make confession of sins, to ask their forgivness, to supplicate his
cy, and to deprecate his wrath, JU especialiy becomes us, the most
favored of the children of men, to display our gratitude and thank-
fulness for the continued-dispensations of hi- parental goodness, by
which our independence and liberties are preserved, our industry
made fruitful, ind its fruits protected—physical evils averted, ana
moral blessings multiplied, so that the prosperity and happiness we
enjoy not only transcend our deserts, but promise a destiny, more
elevated than any portion of the human family has attained To set
apart a day of Thanksgiving and Prayer for these past manifestations
of a superintending Providence, may be thought an act of moral and
religions dutv, not inconsistent with the high political ones which yoi£
are required to perform, and may propitiate for us in the time to come,
a continuance of the same benignant-smiles which our unworthiness
may forfeit, but which his loving kindness is ever ready to dispense'
•to the humble supplications of the good and virtuous of all nations,
Your fellow citizen,
GEORGE M. TROUP.
Which was read and ordered to lie on the table, together with it?
accompanying documents.
The senate adjourned until to morrow morning 10 o'clock.
WEDNESDAY, November 8th, 1826.
Mr. Brown, of Camden, notified the Senate, that after today he
Would move for the appointment of a committee to prepare and re-
port a bill to amend the several acts incorporating St. Mary's.
Mr. Scarlett presented a memorial from James Fort, John Bur-
nett, sen. Isaac \brahams, Daniel Blue, Stephen C, King. John Bur-
nert, jr. John Hardee, William B. Davis, Henry Dubignon and their
associates, and signed by a number of other persons praying to be
incorporated under the name and style of the "Brunswick Canal
Companyand to be invested with other privileges and powers tela-
ting to tne same, which was read and referred to a select committee,,
consisting of Messrs Scarlett, Brown of Camden, Knight, Wimber-
1y, Clayton of Clarke, Blair and Mathews.
Mr. Baker, of Warren, called up his resolution of yesterday, au«
tborizing the President to appoint the several standing joint commit-
tees, which was read :md ag* red to.
Whereupon, the President appointed- Messrs. Walker, Daniel,
Clayton of Clarke, Barney, Anderson, Hoxey, Blair, Jones, and
*r
Brown of Monroe, a committee, on the part of senate, on the sta%
ot the republic.
Messrs. Brown, of Hancock, Coffee, Wootten, Witt, Lawson, Beall,
Brockman, Groves, and Foster a committee, on the part of senate on
finance.
On banks, Messrs. Powell, of Mcintosh, Harmon, Daniel, Hoxey,
Stokes, Smith, and Alston.
On the judiciary, Messrs. Clayton, of Clarke, Burney, Footman,
Brown, of Decatur, Sellers, Blackstone, and W ynn, of Gwinnett.
On agriculture and internal improvement, Messrs. Allen, Coffee,
Footman, Mathews, Pippins, Williams, Scarlett, Wynn, of Hal), and
Choice,
On public education and free schools, Messrs, Baker, of Warren,
Baker, of Liberty, Powell, of Mcintosh, Jones, Powers, Spann, Hen*
drick, Brown, of Monroe, and Brown of Camden.
Ob the penitentiary, Messrs. Powers, Horn, Scarlett, Young;
Knight, Ray, and Dyall.
On the military, Messrs. Wimberiy, Wellborn, Anderson, Janes,
"White, Thomas, Porter, Broadnax, and Young.
On printing, Messrs. Be&ll, Janes, Harris, Frazer, ScaAmrough,
Love, and Strawn.
On petitions, Messrs. Spann, Powell, of Rabun, Harmon, Clayton,
of Pulaski, and Cargitle.
On enrollment, Messrs. Groves, Knight, Janes, Baker, of Liberty,
and Brockman.
On the engrossed journal, Messrs. Hendrick, Broadnax, Williams,
and Ray.
On privileges and elections, Messrs. Lawson, Wootten, and Love,
Mr. Knight notified the senate, that after to-day he would move for
the appointment of a committee to prepare and report a bill, to coin-
pel the receivers of tax returns of taxable property for Low> des
county, hereafter elected, to receive the tax returns of the citizens
of said county, whose tax are due the state prior to the year 1825,
and make it the duty of tax collectors of said county to collect the
same.
Mr. Choice notified the Senate, that after to day, he would move
for the appointment of a committee to prepare and repor< a biil to be
entitled, an act to rent out the several improvements for the year
*827, in the late acquired territory.
Agreeably to notice, Mr. Scarlett moved for the appointment of-a
committee to prepare and reports bill, to give further time to torte*
1$
jiafe drawers in the lsnd lotteries of the years 18IS and 1821, to
take out, their grants.
Ordered, That Messrs. Scarlett, Walker, and Porter, be that com*
mii tee.
Agreeably to notice, Mr. Scarlett also moved for the appointment
of a committee to prepare and report a bdi, to alter and amend the
road laws"fo» the county of Glynn, so as to make the commissioners
of roads elective by the people.
Ordered, That Messrs. Scarlett, Foster, and Wootten, be that
committee.
On motion of Mr. Clayton, of Clarke,
Jfes'Aved, That so much of the Governors communication as re-
lates to the subject of the late treaties with the Creek Nation of in-
titans, and the diflWnces between the genera! government and the
Stale of Georgia on the question of jurisdiction and sovereignty, to*
gether with the correspondence and other documents connected*
therewith, be referred to the committee on the state of the republics
That the part of said communication which refers to the condition
and treatment of the Mcintosh party of Indians, be aiso referred to
tic'same committee. 7
That so much of the communication as relates to the extension of
the laws of the state over that part of the territory of Georgia now
in the occupancy of the Cherokee Indians, be referied to the commit-
tee on the judiciary.
That so much of the communication as relates to the running of
the dividing line between this State and the State of Alabama, to-
ge'dier with the accompanying documents relating to the same, be
referred to the committee on the state of the republic.
That so much of the communication as relates to the appointment
of a Chief Engineer, the report of the Board of Public Woiks, aud
the subjects of improvement adverted to in said communication, in-
eluding..the Governor of Soush Carolina's communieatian on the sub-
ject of opening the navigation of Savannah river, be referred to the
.committee on internal improvement.
That so much of the communication as relates to the completion
of the Digest of the English Statutes by the Iron. William Schley, to-
gether wiih the subject of a Digest of the Common and Staiuie Daw
mentioned in connexion with the same, be referred to the committee
on the judiciary.
That so much of the communicalion as relates to schools and the
pool school fund, be referred to the committee'on education.
That so much of the communication as relates'to the militia, be
referied iothe military committee.
I bat so much of ilm communication as relates to the banks, and
the condition of the Garten bank, be referred to the committee on
batiks.
0,
And. that «o much of «aid communication as relates to nrg«n?zi'niS
the territory lately .expired h\ the treatv of -h« Indian Springs :-.nd
also she claims for militia »ervieea by ccnain citiz-ms «»t .he State,
be referred to the committee or) the r fate of the republic.
Mr Clayton, of Clarke, also laid on 'he table the following resO-
lution :
Jlesofved, That an much of the documents accompanying the com-
mo ideation, as relates to die late treaties v-ith the Creek ln<li.'ns»ohd
the differences between the general \»ov?rnm«at and- the Slate of
Georo-H, and also the documents oti the subject of running' the dtvi-
ding line b -'we n this Sr<rte and the State uf \!ab;:ma, bn ps.bh.shcd
for (he use of the mom bets of Senate, and the number of copies mt
to xii-ed two hundred.
O i mo1 ion of Mr. Baker, of Liberty,
Ite solved, That the joint commi.tee on finance* be requested to;
inquire into the propriety of reduiing the rare of interest in (his
St a e from eight percent, per annum, with leave to report by bill or
otherwise. /
Mr Se'lers called up his resolution of yesterday, for the appoint-
men tot a committee on the part of senate, lo j.uri such as may be
appo.nted b the huu e of representatives, to prepare and report a
bill to provide tor the adequate compensation of gj and and petit ju-
rors, which being read ami agreed to, the president appoin-ed on <he
jw» t of seriate, Messrs. Sellers, Bumey, liautei, Powell, of M» In tosh,
and floxey.
Agreeably to notice, Mr Baker, of Warren, moved for the ap-
poustment of a com mi tee to prepare and report a bill, to repeal an
acr, entitled an act, to lay off the stare into seven congressional <iis-
tnets passed the 22J December, 1825.
Ordered, That Messrs. Baker, of Warren, Witt, and Coffee, be
that committee.
Agreeably to no'ice, Mr. Rroadnax moved for the appointment of a
committee to prepare and report a bill to divorce and separate Eliza-
bath Palmer and Klisha Palmer her husband.
Ordered, That MesSrs. Broad rax, White, and Harris, be that com-
mittce.
Agreeably to notice, Mr. Wynn, of Hall, moved for the appoint-
ment <>f a committee to prepare and report a bill to repeal aa act en-
titled "an act to set apart and reserve for the use of the state, all
valuable ores, mines and minerals which have been or imy hereafter
be di-covered upon finds, which now are or may hereuf er be the
property of the State of Georgia; and to make penal and provide
for the punishment of the removing, carrying away, or secreting the
same, to the loss of the State,"
Ordered, That Messrs. Wynn, of Hail, Matthews, and Lavvson,
be that committee.
Agreeably to notice, Mr. Harris moved for the appointment of a
'Committee to perp&re and report a bill, to appoint com mission srs to'
m
dispose of and sell the lumber and site for the new court-house *£
Wii.'y Rcbsort'a in the county of Wayne.
Ordered, That Messrs. Karris, Knight, and Strawn, be that com*
rait tee.
Mr. Walker presented a petition from a number of the citizens of
Georgia residing in the city ot Augusta, praying an act of incorpora*
ti"n under the style and title of "The Unitarian Society in Augusta,
.Georgia," which was received, read, and referred to a select commit-
tee, consisting ti Messrs. Walker, Hendrkk, and Brockman.
Mr. Allen presented a petition from Alexander Ware, asking for
further indulgence for the payment of the amount due the State by
him, for the parchaai- of fractional surveys at the late sale, which was
received, read, and referred to a select committee, consisting of
Messrs. Allen, Janes, and Harmon.
Mr. Burner notified the Senate, that after to-day, he would move
'for the appointment of a committee to prepare and report & bill, to
an end the judiciary act of 1799, so far as relates to mortgages on real
estates.
Mr. Choice also notified the senate, that after to-day he would move
for the appuhjf.iAsnt of a committee to prepare and report a hill, to
be (t- Med an act, to amend an act, entitled an act to incorporate the
Do Kalb county academy j passed the 20th December, 1825.
Mr. Matthews present ul the petition of sundry individuals, pray-
log the incorporation of an academy situated about 5 miles from Ma-
con, which was received and read ; and leave also being obtained,
Mr. Matthews reported ins* anter a bill "to incorporate the Lake
academy in the county of Bibb," which was read the first time.
Mr. Sellers presented a petition from John C. Gall man, praying to
be allowed a participation in the approaching land lottery, which was
received, read and referred to a select committee, consisting of
Messrs Sellers, Powell, of Rabun, and Ray.
Mr Tippins presented a petition from Joseph Durrence, tax col-
lector for the year 182£ of Tattnall county, praying to be allowed the
privilege of laying another insolvent list before the grand Njur«- "of
said county, in order that he may be reimbursed in the sum which he
believes to have been unlawfully collected from him ; which was re-
cetved, read, and referred to a select committee consisting of Messrs
Tip pi 03, Thomas, and Love.
f Agreeably to notice, Mr; Blackstone moved for the appointment of
a committee to prepare and report a bill, to add the reserve at the
agency *w. this Tide Flint river, to Crawford county.
Ordered, That Messrs. Bkekstozie, Bro&dnas,. and Scarborough, bp
that committee.
Agreeably to notice, Mr. Burney moved for the appointment of a
comuii tee to prepare and report a bill to incorporate Conatitutiupjre
Hail academy ia Jasper cotis.^
■ &
Ordered,,Th%t Messrs. Burney, Cargilie, and \lston, be that
nil i tee. '
Agreeably to notice, Mr. Clayton, of Clarke, moved for the ap*
poirument of a committee to prepare and report a bill, to alley the
1st section of the 4th article of the constitution^ so as not to require
the payment of taxes to entitle a citizen to a vote for members of
the genera! assembly.
Ordered, That Messrs. Clayton, Wellborn, and Wimberly, be that
committee.
Mr. Clayton, of Clarke, also, agreeably to notice, moved for the
appointment of a committee to prepare and report a bill, to define
the liability of indorsers on promissory notes, and place them upon
the same looting of securities.
Ordered, That Messrs. Clayton, of Clarke, Bur»ey, and Daniel;
be that committee.
Agreeably to notice, Mr. Stokes moved for the appointment of a
committee to prepare and report a bill, requiring ail sheriffs in this
state, that alter making a levy on personal property by virtue of any
execution in their hands, the defendant shall have the liberty of giv-
ine bond with approved security in double the amount, for the delive-
ry of said property on the day of sale, unless good cause be shewn to
the contrary.
Ordered, That Messrs. Stokes, Powell, of Mcintosh, and Dealt;
be that committee.
Mr. Jones notified the senate, that after to day, he would move fcf
the appointment of a committee to prepare and report a bill, to alter
and amend the 2d section of the 4th article of the constitution, so as
to compel members of the general assembly to vote viva voce.
Mr. Foster notified the senate, that after to-day, he would move
Ibr the appointment of a committee to prepare and report a bill, to
alter the mode of filling the vacancies of sheriffs, clerks of the supe*
nor and inferior courts, tax collectors, and receivers of tax returns,
Mr. Strawn presented a petition from Sarah Sampler, praying to
be allowed a chance for® draw in the approaching land lottery, which
was received, read, and referred to a select committee, consisting of
Messrs. Strawn, Smith, and Foster.
Mr. Walker from the select committee appointed, reported a bill
to be entitled, "an act to incorporate the Unitarian Society in Au«
gusta, Georgia," which was read the first time.
Mr. Scarlett from the committee appointed, reported a bill to be
entitled, an act to extend the time for fortunate drawers in the land
lotteries of 4818, 1819, and 1821, to takeout their grants; which
was read the first time.
Mr. Clayton, of Clarke, presented a petition from David Abridge,
praying to be allowed the privilege of participating in the present
contemplated land lottery ; which was received, read, and referred
32
ii» a select committee, consisting of Messrs. Clayton, of Cla Ice...,
Clapton, of Pulaski, and Young.
Mr. Porter noifird the senate that he would, nfier to day, piO'o for
the appointment of a commit :ee to prepae and r> port a bill, t» .dd
a pa« t «f the'territory U^ !y acquired from the creek nadun of in-
dims, to the county of Baker,
Mr. Spann nntifn d the Senate, that after to day, he would move
for the appointment of a omnsii'ee to prepare and report a bii;, to
repeal an act passed the 20th of December, 1823, establishing dis-
trict e lee tons in the counties of Teilair, Early, and Appling, so far
as respects the county of Early.
Mr. Sellers notified the Senate, that after this day, he would move
for the appointment of a committee to prepare and repon a bill, to
amend the several acts heretofore passed in this state, to regulate the
granting attachments and issuing summons of gamisnment.
On motion of Mr. Powers,
Resolved, That the joint judiciary committee, be and they are here-
by required, to enquire into the propriety of introducing a biii, >•
revise, amend, and consolidate the several laws now in force, for the,
establishment and government of courts of ordinary, fix- the appoint-
merit, qualification or government of executors, administrators, guar-
diarts, and orphans, anil the distribution of estates, and that they have
leave to report by bill or otherwise ; which was read and agreed in.-
• 1
The senate adjourned until to morrow morning 10 o'clock,
"t
TJIURSDJif, November 9, 183-3.
Mr, Jones notified lhexsenate, that after to day,! e would move for
the Vippoin'meni of u corn m tee to prepare and report a bill to refer
the c -ngiessioiiul district system to the people.
Mr. Uendrick laid on the table the following preamble and rcso-
lotion:
IVhereas, The penitentiary system of this State is a subject in
whi h a considerable interest is felt by the citizens of this State—.
Ami whereas, a very considerable difference of opinion is entertained
with regard to its utility, both as to i;s moral and pecuniary influence
and wsieseas, on all subjects of such importance to the pub'.ic it is de-
sir.: ole no' n to the representatives of the people, aud the people tnem-
(■.elves, to ascertain as nearly as practicable the-wishes of the people,,
26
Tie it therefor?, resolved by the Senate and House of Rpresenia*
lives of the State of Georgia in General Jlssenihl y met, i bat it shall
b.- the duty of the aiagistrates presiding at the"next general election,
iti tli-- different counties in this State for members of toe Legislature,
to propose to ea.h and every voter at the time of receiving his vote,
whether he is in favor of continuing the penitentiary system in this
S afe or not; andjo request such voter to s ighify hi-s -opinion in the
following manner, to wit—— those ia favor of its continuance by en-
dorsing on his ticket the word penitentiary, 'dim those opposed to it
the words no penitentiary / and on counting out the ballots, to amieX
to the return a true statement qf the votes so given, to'the end that
the same may he laid before, the next Legislature;.by his excellency
the G vernor. / - • i.
And be it farther Resolved, That his excellency the Governor, ia
hereby requested <o h >.ve the foregoing preamble and resolution pub*
lished in all,the public gazettes m this State, for rnyiuhs pre-
ceeding the next general election.
Mr. Daniel presented a petition from Mkj. John Sciiven, praying
the payment of certain bills of credit issued by the Legislature under
and by auihmity of an ftcyof the same, passed the S4,h day of Aug.'
in the year 1786. Which was received, read and refened to a select
commi ttee, consisting of «4e*srs. Danie>, IJlair and Clay ion, of Clarke,/,
with leave to report by bill or otherwise. ,
Mr. Rlacks'one, from-the committee appointed, reported a bid.to'
add the reserve at the old Agency on the east side of Flint* river, to
the county of Crawfor d.
Which was read the first time.
1
The following communications were received from, his excellency
the Governor, by his Secretary, Mr. Pierce, to wit: '
' ■'
.Executive Departi.iext, Ga. <
Milledgevitle, 8th November, 1826. >
Jllr- President and
Gentlemen of the Senate i
' Since the last meetingof.lha Legislature two cases of murder have
been presented, claiming the interposition of the Executive cLmet.cy
—the one of Levi White, convicted before the superior court of Wad'-a-
county, the execution of whose sentence was postponed io th>* Ht day
of Dec. next in consequence of the re< omniendation of the judge and
jury -aed'others—an<i that of Hugh Gallagher, convicted of the mur-
tier of Joseph Morgan, at a superior court in the county of iLhb, and
sentenced to be executed on the 15th-day of September last
f *
This unfortunate man was respited, in the'firs' instance from a bo
lief founded on the evidence, that the homicide had been committed
in a fit of insanity, and tost the perpetrator was no? an accountable"
being. This belief was corroborated by testimony of various kin- s
subsequently received, and it v/us resolved *o prolong the respite o
the 2Ttb of "this month, so ,hat the case migl^t be submitted to yo
accompanied by all the facts connected with it. Supposing the party
M
to have been of sound mind, it presents a case of atrocious murder
Committed on the body of a valuable citizen without a mitigating cir*
cumstance—but supposing the contrary we are forbidden to enforce
the sentence against him, because he who is not accountable to his
Maker cannot, consistently with humanity, be made accountable to
man—And yet the alternative ot returning to society a member of it
at all times liable to interrupt its peace and safety, is the more dis-
tressiog, as it is not believed that the power of changing the sentence
has been lodged with either the Executive or Legislative authority.
The original documents, ag well in the case of White as Gallaher,
that were presented to the Executive, are transmitted to the house of
representatives for the use of both branches of the Legislature, with
a request that when the cases are finally disposed of, they may be re-
turned to this Department.
(Signed) G. M. TROUP.
Which was read and referred to a select committee, consisting cflf
Messrs. Blair, Butney, Clayton, of Clarke, Coffee, and Walker.
Executive Department, Ga. £
MiiledgeviUe, 8th Nov. 1826. £
Mr President and
Gentlemen of the Senate :
In compliance with his engagements, under a resolution of thfc
Legislature of the Uth day of June, 1825. C. R. Parker has submit-
ted for the approval of the Governor, the portraits of Washington!
Fianklin, Jefferson, Fajette, and Oglethorpe.
These portraits presenting as it is believed, correct likenesses, ap-
pear to have been executed with fidelity and good taste, and may be
pronounced by competent judges, highly creditable to the artist—
Having been approved by the Executive, and the terms offered by Mr.
Parker, considered reasonable, nothing will retrain to fulfil the en-
gagements on either side, but the approval of tbe Legislature and &
son sequent act of appropriation to cover the expense.
(Signed) G. M. TROUP.
Which was read, and together with the accompanying document^,
referred to the committee on finance.
Executive Department, Ga. \
MiiledgeviUe, Nov. 8, 1826. J
Mr. President and
Gentlemen of the Senate s
A list of executive appointments made during the recess, and a
statement of v.-. rrants drawn on the Treasurer during the political
year 1826, are laid before the Legislature.
(Signed) G. M. TROUP.
Which, together with the list of appointments were read, and or*
dered to lie on the table,
*
Executive Department, Ga. r
Miiiedgeville, Nov. 9, 1826. 5
,$Ir- President and
Gentlemen of the Senate(
The enclosed document will advise the Legislature tnat it may
he expedient to authorise a re survey of the eleventh district of the
county formerly Irwin, now Lowndes.
(Signed) G. M. TROUR.
Which, together with the enclosed document were read, and re-
ferred to a select committee, consisting of Messrs. Knight, Thomas,
;R<ty, Brown, of Decatur, and Dyall. *
Executive Department, Ga. 7
Mi (ledge vilie, Nov. 9, 1826. £
Mr. President and
Gentlemen of the Senate?
The vacancy in the first brigade of the sixth division, occasioned
by the resignation of brigadier general Blackshear, and that m Hie
first of the seventh division, occasioned by the resignation of bnga-
dier general Cleveland, are submitted to the Legislature.
(Signed) G. M. TROUP.
Which being read was ordered to lie on the table.
The following massage was leceived from the house of represent*-
fives, by Mr. Dawson, their clerk, to wit;
Mr. President»
The house of representatives have, through their Speaker, &p-
pointed the following standing committees to join such as may be ap*
pointed on the part of senate.
On the State of the Republic.
Messrs. Holt, of Richmond, Campbell, Tai;, Burnside, Turner,
Bates, Birdsong, Day, Hutchins, of Gwinnett, Dougherty, Thomas,
and Beai.
On Finance.
Messrs. Hull, of Clarke, Murray, Lawhon, Saffold, Kolb, Robinson,
of Jasper, Heard, Chambers, Freeman, of Oglethorpe, Render, Cone,
and Dye.
On Banks.
Messrs. Myers, West, Mealing, Hay, Lewis, Howard, of Baldwin,
Chillers, Runn, Pettit.and Watson, of Burly.
26
On the Judiciary.
Messrs. Thomas, Burnside, Molt, of Richmond, S-ftbld, Haynesk
"Myers, Davis, Dougherty, Lawhon, and Howard, of Baldwin.
On Agriculture and Internal Improvement.
Messrs. Turner, Barnard, Hatchings. of Jones, Way, TiicUin,'
Jordan, Thompson, Bledsoe, Martin of Franklin, Akins, Hazzard*
and Knight.
> On Public Education and Free Schools.
Messrs. Campbell, Moncrief, Moore, Gholson, Bacon, Brooks, Phil-
lips, Perry, Aber.cromb.ie, Freeman, ot Franklin, Adair, and Ash.
• On the Penitentiary.
Messrs. Feafherston, Quarterroa'n, Blackburn, Kennon, WiIcos>
Cochran, Mills, Monroe, Collier, Johnson, and Denmark.
• On the Military.
'Messrs. Watson, of Baldwin, Abercrombie,. Gilmore, F<*atherston,
Tulle, Smith, of Jasper, Echols, Woftbrd, Floyd, Riilups, Byne, and
Wood. ' , ■
On Printing. ' ,
Messrs. Robertson, of Chatham,'Priurrose. Leonard, Burton, Tin It,
of Jefferson, Watson, of Baldwin, Tulle, Be&ll, Harnett, and Jving,
cf Mcintosh.
On Enrollment.
Messrs. Jones, Dillard, Smith of Jones, Kellum/CIopton, Cobb, and
Xing, of Crawford.
To which they desire concurrence. , And he withdrew.
The senate took up the message and concurred therein, and joined
en their part the several committees appointed on }esterday,
Mr. Broadnax, from the committee appointed, reported a bill to be
entitled -an act to separate and divorce Elizabeth Palmer, formerly
Elizabeth Daniel,&nd Elisha Palmer her husband.
Which was read the first time.
Mr. Brown, of Camden, presented a petition from Alfred Dobliftle,
praying for himself and wife a chance for draws in the appi caching
land lottery,
Which was received and read and referred, together with the ac-
companving documents, to a select committee, consisting of. Messrs,.
Brown, of Camden, Powell, of Mcintosh, and Scarlett.
Mr. Baker, of Liberty, also presented a petition from Littleberfy,
Johns, praying to be allowed a chance for a draw in the sime.
Which was received, read and referred to the same committee.
Mr'.Re-ker, of Warren, notified the senate, that after to-day, he
would move for the appointment of a committee to prepare and re-_
port a bill to incorporate the baptist church on Williams' cieek, ip
>V arren county. '
27
Mr. Baker, of Warren, also from the committee appointed, report-.
«d a bill <o repeal an act entitled an act In lay oft' the State into seven
congressional districts, parsed 22<i Dec 18aa.
Which was read the first time. .
Mr. Janes presented a petition from Willie Alford, praying to b6
' allowed a chance for draws in the contemplated land lottery,
4Vhi<h was received, read, and together- with its accompanying
documents, referred to a select committee, consisting of Messrs. Janes,
Barman, and Coft'ee. ,
Mr. Brown, of Moproe, notified the senate, that after to day, he
would move for the appointment of a committee to prepare and re-
port a bill to alter and amend an act parsed at the lust session, enti-
tied an . c-t to dispose of and distribute the lands lately acquired by
the United States, for the use of Georgia, from the Creek nation of
Indians, so as to extend- the time for taking in draws to the first of :
January next.
Agreeably to notice, Mr. Sellers moved for the appointment of &
committee to prepare- and report a bill to amend the several acts
heretofore passed in this State, to regulate the granting of attach-
meats a «d issuing summons of garnishment.
Ordered, That Melius. Sellers, Etirney,' and Clayton, of Clarke,,
be that committee. i
Mr. Anderson notified the senate, that after to day he would move
for the appointment of a committee to prepay and report a bifI to
grgnt temporary relief to purchasers of fractional parts of surveys
lots or islands sold at' the sales of this Btate.
On-motion of Mr. Clayton, of Clarke,
Jlesolved, That the committee on the Slate of the Republic enquire-
inio uie expediency of renewing the application on the part of this-
S ide, to die General Government to make another attempt toextin*
guish the tiMe to the lands now in the occupancy of the Cherokee In-
dians, within the limitsof this State. And in 01 der to facilitate (hat
©nject, to request the General Government to propose a treaty allow-
if<g reservations to the Indians, the aggregate numbers anr! amount of
winch not to exceed one sixth of the-icy. ritory acquired, subject to be,
Afterwards extinguished for the use of Georgia.
Which was read hnd agiecd to.
Mr. Groves presented a petition from sundry inhabitants of the
counties of Qgleihorpc and Madison.. ' . .
Which was received, read and referred to a select committee, con-
.sisring of Messrs. Groves, Ueockman, and Alien.
On motion of Mr. Powell/of Mcintosh,
lit solved, That G< orge T. Rogers be, and he is hereby, ^appointed
a ronio.i-sioner of pilotage for the port of Dai ten, in the place oi Joha.<
Iluider, removed.
Which was icud and agreed to; .
Mr. Brockman prerented a petition from a number of individuals
Residing on die dividing line between Oglethorpe and Greene coun-
tie.-, praying to have the academy in their vicinity incorporated under
the name and style of Arthur Academy; and to appoint trustees for
the same.
Which was received read and referred to a select committee, con-
sisiing of Messrs. Brockman, Janes, and Jones.
Agreeably to notice, Mr. Knight moved for the appointment of a
committee to prepare and report a bill to be entitled an act to compel
the receivers of fax returns of taxable property for Lowndes county,
hereafter elected, to receive the tax returns of the citizens of said
county whose tax are due the State prior to the year 1825, and make
it the duty of tax collectors ot said county to collect the same
Ordered, That Messrs. Knight, Dyall, and Tippins be that com-
Baitlee,
Mr. Tippins notified the senate, that after to day, he would move
fbr the appointment of a committee to prepare and report a bill to
repeal an act entitled an act to lav oft' Emanuel and Tatnail counties
into election districts, passed the 9tn day December, 1824, so far as
jjespects the county of Tatnail.
On motion of Mr. Harmon,
Resolved, That the secretary of senate be, and he is hereby author;-
ised, to deliver to Hugh Wilson the original petition and accompany-
ing documents of the said Wilson a revolutionary soldier, which are
on file in his office.
Mr. Powell, of Rabun, presented a petition from a number of the
inhabitants t Rabun < ounty, praying a transfer of the money appro-
priated to their county academy to the assistance of common shools
in rfaid county.
Which was received read and referred to a seleet committee, con»
•sistivg of Messis. Powell, of Rabun, Clayton, of Clarke, Blair, Groves
and Anderson.
Mr. Cargill notified the senate, that after to-day, he would move
far the appointment of a committee to prepare and report a bill to
incorporate Butts county acedemy, and to appoint commissioners for
the same; and to authorise the justices of the inferior court of said
county to select and convey a suitable lot in the town of Jackson, in
said county, to said commissioners for the use of said academy.
Mr. Allen presented a petition from James Dudley, and signed by a
number of individuals, praying to have a fee simple title granted him,
in and to a certain fractional survey of land lying in the county of
Butts.
Which was received read and referred to a select committee, con-
sistng of Messrs. Allen, Wooten, and Cargill, with leave to report
by bill or otherwise.
On motion of Mr. Clayton, of Clarke,
Resolved, That both branches of the General Assembly will conv
m
v&ie in the representative chamber on Saturday next a* 12 o'clock,
for the purpose of electing bv joint ballot a solicito* general ot the
southern circuit, in the place of Thomas D. Mitchell, deceased, and
a solicitor-general of the northern circuit, in the place of John B.
Stewart, deceased.
The following bills were taken up read the second time and ordered
for a committee of the whole.
A bill to regulate the intercourse between the banks of this State,
and other institutions and brokeis.
A bill to extend the time for fortunate drawers in the land lotteries*
of 1818, 1819 and 1821, to take out their grants.
And a bill to incorporate the Unitarian Society, in Augusta, Geo,
The bill to incorporate Lake Academy, in the county of Bibb, waV
thken up read the second time and ordered for a third reading.
Mr. Anderson notified the senate, that after to-morrow, he would
move for the appointment of a committee to prepare and report a bill
to repeal the 5th section of an act amendatory of an act, passed the
9th June, 1825, to dispose of and distribute the lands lately acquired
by the United States, tor the use of Georgia, of the Creek nation of
Indians by a treaty made and conclud - d at the Indian Springs on ihfe
12 h day of February, 1825, and to exclude the names of the ille-
gitimate children, who have given in for a draw in the present corf-
femulated land lottery, from any participation in the same.
Mr. Knight, from the committee appointed, reported a bill to com>
pel the next receiver of tax returns for taxable property for Lowndes
countv, to receive the tax returns of citizens of said county whose
taxes are due the State prior to the year 1825, and to make it the duty
of the next collector to collect said taxes.
Which was read the first time.
Mr. Clayton, of Clarke, notified the senate, that he would after to-
day, move for the appointment of a committee to prepare and report
a bill to alter the 7th section of the 1st article cf the constitution, so
A8 reduce the number of members in the house of representatives.
^ Mso a committee to prepare and report a bill to alter the 3d sec-
tion of the 1st article of the constitution, so as to reduce the number
of senators of the General Assembly of this State.
Mr. Beall reported insfanter a bill to make the estate of all at-
torueys at law liable to pay before my other debts, all sums of money
pl iced in their hand? for collection.
Which was read the first time,
Mr. Bl&ckston notified the senate, that after to-day, he would move
for the appointment of \ committee to prepare and report a bill to be
entitled an act to add part at the lately acquired territory to the
county of Crawford.
m
Jtgreaably to notice, Mr, Foster moved for the appointment of &
^Sbmmittee to prepare and report a bill »o alter the mn-leof filling the
vacancies of sheriffs clerks of the superior and itife ior courfs, tax
eoHe.Snrs, and receivers of <ax returns.
Ordered, I'hat Messrs. Foster, Beall, and Wooten be that corn-
mittee.
The senate took up the resolution laid on the table yesterday by
Mr. Clavton, of Clarke, relative to the win ting of sundry documents
■accompanying the Governor's comntumcaiion.
Wnich was amended to read as follows and agreed to, to wit:
Resolved, That so much of the documents accompanying the com-
munic-irio.ri as relates to the tate treaties wish the creek Indians, and
the (Siff rences between the General Gove-nment .and .(he 'State of
Georgia ; and also the. d oca men's on the subject of running tlm divi-
ding line between this State and the State of Alabama, be ouhli-hed
•for 'he use of the members of senate, the number o'" copies no* to
exceed two hundred ; and that this resole dun be referred to the joint
committee on printing, with instructions to Kave the said documents
published at a specified time, not to exceed the space of two weeks
from this time.
Agreeably to notice, Mr. Choice moved for the appointment of a
committee to prepare and report a bill to amend on act unified an
act jo incorporate the De KtSb county academy, passed the 20ih Dec.
1325. ■ <
Ordered, That Messrs. Choice; Jones, and Thomas, be that com*
mi f ee.
, *
Agreeably to notice, Air. Choice also moved for the appointment of
a committee to prepare and report a hid to rent nut the several im-
p ovemenfs fur the year 1827'. in the '.are acquired territory.
Ordered, That Messrs, Choice, Broadnax, Blackstone, White, and
"Wynn, of Gwinnett, be that committee.
Agreeab'y to notice, Mr. S'pann moved for the appointment of a
committee to prepare and report a bill to repeal an act, passed the
90th of Dec. 1823, establishing district elections in the counties of
Telfair} Early, and Appling, so far as respects the county o* Early.
Ordered, That Messts, Spann, Scarborough, and1 Coffee, be that
committee.
Mr. Spann presented the petition of Rarthamy Kelly, widow of
William Kelly, dec. praying relief <m acjouut of ;h ■ purchase, by
her late husband, of fraction number lour hundred and one, in the
twenty eighth district of Early county.
Which was re- d and referred to a select committee, consisting of
Messrs. Spann, Horn, ami Porter, with power to report by bill or
otherwise.
The senate adjourned until to morrow morning 10 o'clock.
Si
FRIDAY; November 10th, 18Se„
Mr. BrowB, of Camden, agreeably to notice, moved for the ap-
pointment of a committee to prepare and report a bill, amendatory of
the sevrral acts incorporating St. Mary's.
Ordered, That Messrs. Brown, of Camden, Scarlett, and Porter*
be that committee.
Mr. B'asr from the committee appointed, reported a bill to pardon
Levi White, which was received and read the first time.
On motion,
The honorable senators from the counties of Telfair and Baker,
were added the committee on so much of the Governor's comma-
n-cation as relates to the survey of the 11th district of formerly Xr-
win row Lowndes.
Mr. Burney, from the committee appointed, reported a bill to in-
crporat Constitutional flail academy, in Jasper county, which was
received and read the first time.
Mr. Biockman, from the eornmitiee appointed, reported a bill to
incerpociie Arthur academy in Oglethorpe county, which was receiv-
ed ana read the first time.
Mr. Beail laid on the table the following resolution, amendatory to
a resolution approved the ITth day of December, 1825, appointing
comrn'S" ioners to examine the roads leading from Jenckes's bridge on
Ogeeche river, to the'town of Macon in Bibb county.
Resolved therefore, That Matthew Caswell of VVilkmson county*
be and he is hereby appointed one of the Commissioners on the said
road.
Mr. Groves, from the committee appointed, reported a bill to add
a part of Oglethorpe to the county of Madison, which was received
and read the first time.
Mr J snes had leave to introduce instanter, a bill to change the
name of James James to that of Henry James, which was received
and read the first time.
Mr. Alston notified the senate, that after to day, he would move
for the appointment of a committee to prepare and report a bill, to
alter the time of toe sitting of the superior court in the Middle cir~
cuit, so f.tr as respects the county of Montgomery.
Mr. White not lied the Senate, that after to-day, he would move
for the appointment of a committee to prepare and report a bill to
incorporate the f ranklin academy iu Upson county, and appoint trus-
tees for die a me.
Mr. Willi ms presented the petition of Jinny Poindexter of Bald-
win cmuty r.ieh was rea i and referred to a committee, consisting
of Messrs. Williams, vlay toD, of Clarke, and Burney.
/
Mr Harris, from the committee appointed, reported a bill to aw*
thorise certain commissioners to sell and dispose of the lumber and
site for the new court-house at Wiley Robson's in Wayne county,
which was received and read the first time.
Mr. Baker, of Warren, agreeably to notice, moved for the appoint-
ment of a committee to prepare and report a bill to incorporate the
Bap:i*t church on Williams's creek in Warren county.
Ordered, That Messrs, Baker, of Warren, Smith, and Clayton, of
Pulaski, be that committeo.
Mr. Burney notified the Senate, that after to day, he would move
for the appointment of a commit toe to prepare and report a bill, to
separate and divorce Joseph Duke and Jane Duke his wife.
Agreeably to notice, Mr. Porter moved for the appointment of a
pommittea to prepare and report a bill, to add a part of tbe territory
la ely acquired from the Creek nation of Indians, to the county of
gaker.
Ordered, That Messrs. Porter, Spann, .and Scarborough, be that
committee.
Mr. Spann, from the committee appointed, reported a bill to re-
peal an act passed the 20th day of December, 1823, establishing dis-
frict elections in the counties of Telfair, Early, and Appling, so far
as respects the county of Early 5 which was received and read the
jbst time.
Agreeably to notice, Mr. Tippins moved for the appointment of a
committee to prepare and report a bill, to repeal an act, entitled an
act, to lay off Emanuel and Tattnall counties into election districts,
passed the 9th day of December, 1824, so far as respects the county
of Tatnall
Ordered, That Messrs. Tippins, Strawn, and Love, be that com-
rait tee.
On motion of Mr. Sellers,
Resolved, That the President of senate be authorized to assign a
Seat within the bar of the senate, to anv person or persons who may
desire to report the proceedings and debates of senate.
Mr. Burney, agreeably to notice, moved for the appointment of a,
Committee to prepare and report a bill to amend the judiciary act or
1799,80 far as relates to mor gages on real estates.
Ordered, That Messrs. Burney, Clayton, of Clarke, and Powell,of
Mcintosh, be that committee.
Mr Blackstor.e, agreeably to notice, moved for the appointment of
a committee to prepare and report a bill to add a part of the lately
Acquired territory to the county of Crawford.
Ordered, That Messrs. Blacks tone, White, and Wellborn, be that
Committee.
On motion of Mr. Hendrick,
The Senate took up the following resolution
m
tfhereaa, The Penitentiary system of this State ir» , gu^jecj. ^
tvhic.h a considerable interest is felt by the citizens of this ■;:1 ^ .
And whereas, a very considerable difference of opinion isente
with regard to its utility, both as to its moral and pecuniar influence,
and whereas, on all subjects of such importance to the public it « oe-
sirableboth to the representatives of the people and the people them-
selves, to ascertain-as nearly as practicable the wishes of the people,
Be it therefore resolved by the Senate and House of Represents*
tives of the State of Georgia in General Assembly met, Ther it snail
be the duty of tiie magistrates presiding at the nexi general election,
in the different counties of this State for members of the Legist •ttiie,
to propose to each and every vote- at the time of receiving h;s vote,
whether he is in favor of continuing the penitentiary system in this
State or not; and to request such voter to signify his opinion in the
following manner, to wit—those in favor of its continuance by en-
tlorsing on his ticket the word penitentiary, and those opposed to it
the words no penitentiary ; and on counting out the ball-dip to annex
to the return a true statement ef the votes so given, to the end that
-the same may be laid before the next Legislature by his excellency
the Governor.
And be it further Resolved, That his excellency the Governor, is
hereby requested lohave the foregoing preamble and resolution pub-
lishcd in all the public gazettes in this State, tor -— months pre-
needing the next general election.
Which was read and amended by filling the blank therein with thet
number "six," and oidered to lie on the table tor the present.
Agreeably to notice, Mr. Anderson moved for the appointment of
a committee to prepare and report a bill, to repeal the 5tn section of
an act, amendatory of an act passed th- 9th of June, 1825, to dis-
pose of and distribute the lands lately acquired by the United States
for the use of Georgia, of the creek nation of Indians, by a treaty
made and concluded at the Indian Springs on the 12th day of Kebru-
ary, 1825, and to exclude the names of the illegitimate children who
have given in for a draw in the present contemplated land lottery,
from any participation in the same.
Ordered, That Messrs. Anderson, Lawson, and Wimberly,be that
committee.
Mr. Anderson, agreeably to notice, also moved for the appoint-
meat of a committee to prepare and report a bill, to grant tempera-
ry relief to purchasers or fractional parts of surveys, lots or islands^
sold at the sales of this State.
Ordered, That Messrs. Anderson, Matthews, and Brown of Mon-
$oe, be that committeei
Mr. Coffee presented a communication from William Triplett, ecq.
comptroller general, accompanied with documents, and an account of
fhe receipts and disbursements at the treasury during the political
year 1826.
Which was read and referred to the committee on finance.
On motion of Mr. Daniel, the honorable senator from th# counfy
of Wilkinson had leave of absence for a few days*
Sen. #
34
Mr. by all h?'"eave to introduce instanter, a bill to legitimatize
and chanV* "e Bame°f J&mes A. Jarrell to that of James A. Sweatt.
was read the first time.
Mr. Clayton, of Clarke, from the committee appointed, reported a
bill, to define the liability of indorsersof promissory notes and other
instruments, and to place them upon the same footing with seen-
rities.
Which was read the first time.
Mr. Brown, of Monroe, from the committee appointed, reported a
bill amendatory of an act passed the 24th day of December, 1825,
entitled an act amendatory of an act passed the 9th day of June,
1825, to dispose of and distribute the lands lately acquired by thet
Unued Statss for the use of Georgia of the creek nation of Indians,
by a treaty made and concluded on the 12th day of February, 1825,
Which was read the first time.
Mr. Wynn of Hall, from the committee appointed, reported a bill
to repeal an act, entitled an act, to set apart and reserve for the use
of the State, all valuable ores, mines, and minerals which have been
or may hereafter be discovered upon lands, which now are, or may
hereafter be the property of the State of Georgia, and to make pe-
nal. and provide for the punishment of the removing, carrving away,
or secreting the same to the loss of the State, passed the 24th Decern-
ber, 1825.
Which was read the first time;
Mr. Strawn, from the committee appointed, reported a bill to enti-
tie Sarah Sampler, of Fayette county, to a participation in the pres-
ent contemplated land lottery.
Which was read the first time.
The bill to compel the next receiver of tax returns for taxable pro-
pertyfor the county of Lowndes, to receive the tax returns of citi-
zeus of said county whose taxes are due to the state prior to the
year J825, and to make it the duty of the next collector to collect
said taxes, was read the second time and ordered for a third reading,
The following bills were read the second time, and ordered for a
committee of the whole.
The bill to repeal an act, entitled an act, to lay off the State into
seven congressional districts, passed 221 December, 1825.
The bill to make the estates of all attorneys at law, liable to pay
before any other deb? all sums ot money placed in their hands for col-
lection.
The bill to divorce and separate Elizabeth Palmer and her bus-
band Elisha Palmer, and
The bill to add 'he reserve at the old Agency on the east side of
Flint river to the county of Crawford.
i'he bill to incorporate Lake academy in the county of Bibb, was.
read the third time and passed.
The senate reaolved itself into a committee4>f the whole on the
•OD
Dill to Incorporate the Unitarian society in Augusta, Georgia, M$.c
Scarlett In the chair.
The President resumed the chair, and Mr# Scarlett reported the
bill without amendment.
The Senate to>k up and agreed to the report.
The bill was read the third time and passed.
Mr. Brown from the committee appointed, reported a bill to amefid
.0he several acts incorporating the town of St. Mary's.
Which was read the first time.
Mr. Scarlett, from the committee appointed, reported a bill to al*
ter and amend the road laws of Glynn county, passed December the
34 th, 1825.
Which was read the first time.
Agreeably to notice, Mr. Cargille moved for. the appointment of a
committee to prepare and report a bill to incorporate Butts county
Vic ad e my, and appoint commissioners for the same, and to authorise
the justices of the inferior court of said county to select and convey
a suitable lot in the town of Jackson in said county, to said corn mis-
siooers for the use of the said academy.
Ordered, That Messrs. Cargille, Burney, and Powell, of Ztahmj,
be that committee.
Mr. Jones laid on the table the following resolution ;
Be it resolved by the Senate and House of Representatives of the
State of Georgia, in General Assembly met, That the justices su-
penntending elections at the next general election for members of
the Legislature, shall require each voter who shall,be in favor of lay-
^ng out the State into congressional districts to write the word "Dis-
trict" on the back of his ticket, and all tickets on which that word
is not written, shall be considered as opposed to Districts, and a re*
turn shall be made by the said justices accordingly to his excellency
the Governor to be laid by him before the next legislature, in order
that they may act advisedly on the subject.
Mr. Brown, of Monroe, notified the Senato, that after .to-day, he
would move for the appointment of a committee to prepare and re-
port a bill, to sell fraction No. 241, in the 5th district of Monroe
county, which was omitted to be sold by the commissioners at the
sale of the fractions.
> On motion of Mr. Jones,
.Resolved, That George Pullen, of Newton county, be and he if
hereby appointed a commissioner to keep open the river for the free
passage of fish, in the place of Michael Whatley, deceased
Mr. Ray notified the senate, that after to-day, he would move for
the appointment of a committee to prepare and report a bill to make
permanent the site of the public buildings in the county of Thomas,
and to name the same, and to authorize the Justices of the Inferior
court to lay off said couuty into Captain's districts.
The senate adjourned until to-morrow morning 10 o'clock.
ft*
m
SATURDAY, November II, I82&,
fen motion of Mr. Allen,
Mr. Daniel was added to the^Sint committee on agriculture arit
fhternal improvement.
On motion of Mr. Hoxey,
The honorable sena.or from the county of Clarke, was added to
the committee on finance.
!VIr. Clayton, of Clarke, from the committee appointed, reported a
bill to alter the 1st section of 4 h article constitution, so us not to
make the payment of taxes previous to the general election, a quali-
ficaiion necessary to entitle a citizen to vote for members of the
general assembly.
Which was lead the first time.
Mr. Thomas laid on the table the following resolution :
Resolved, That Henry Hagan, Eiiwatd Mathews, Richard Sfrick-
land, Bryant Lane, and Solomon Mobiey, be, and they are hereby,'
appointed commissioners of Appiing county acad' roy.
And be it further resolved, That James Lee, James Mathews, John
€1. Smith, sen. Richard Bennett, ana David Summerville, be, and they
are hereby, appointed tru-tees of the same.
And be it further resolved, That the said appointed commissioners
be, and they are hereby, authorised and required to demand and re-
ceive from their predecessors, the former commissioneis, suih sum
and sums of monies as have been drawn from the treasury lor the
use of the Appling county academy, and which have not been pro-
perly applied to the use of said academy j and that in defau t of
payment, the above named commissioners or a majority of them be,
and they are hereby, authorised and r* quired to sue for arid recover
such sum and sums as their predecessors shall refuse to pay over.
The following message was brought from the house of representa*
tives by Mr. Dawson, their clerk, to wil t
Mr. President:
The House of Representatives have Concurred in the resolutions
of Senate—one appoin iig Leorge T. Rogers a commissioner of pi-
lotage for the port of Darien—one requesting a committee on the
part of the house to join the one already appointed by senate to pie-
pare and report a bill to provide for the ad quale compensation of"
grand and petit jurors.
And also in the resolution of senate, relati ve to the election'of cer-
tain solicitors-general, with amendments, to which amendments they
request the immediate agreement of the senate.
the house has agreed to a res© ution appointing this day at the
hour of 11 oVioe'k for-the election of a bngadiei general for the 1st
brigade, ot the 6 b division,-a brigadier generai for me lstbiigabe of
the 7 h .n vision—to which they desire the immediate concurrence ^
the senate,
37
They have passed a bill to be entitled an act to authorise certain
<jom nissiu? ers therein named, to raise by lottery, a fund for the ef-ec-
tioo of Monuments to the memory of Greene and Pulaski, in the
city of S .vannah.
And he withdrew.
Mr Baker, of Warren, from the committee appointed, reported a
bill to incorporate the Baptist church on Williams' creek, in Waireu
couny.
Which was read the first time.
The hon. John Joyce, senator elect from the county of Irv-in, ap-
peared, produced his credentials, and being qualified by the Presir
dent, took his seat.
Mr Broekman notified the senate, that after to day, he would move
for the appointment of a committee to prepare and report's bill a-
mendatory and explanatory of the 13 h and 19th sections of an act
to alter and amend the several judiciary act3 now in for ce in this dlate,
so far as relates to justices courts, passed Dec. 14, 1811.
Mr, Allen, from the committee appointed, reported a bill for the
relief of Alexander Ware.
Which was read the first time.
The senate took up the message this day received from the house
©f representatives j and the bill contained tnerein was read the first
time.
The senate look up the amendments made by the house of repre-
sentatives to the resolution of the senate appointing this day at the
hour of 12 o'clock for the election of two solicitors general, and con*
curred in the same, so far as to strike out 12 and insert 11 o'clock,
and the further amendment to said resolution in the words following,
to wit—"And also a judge of the court of Oyer and Teminer/or-the
city of Savannah"—being read,
On motion of Mr. Daniel to disagree thereto it was determined in
the negative.
- And the yeas and nays being required are—yeas 22, nays 37.
Lawson
Porter
Poweca.
Spann
Thomas
Tippins
Walker
Smith
Stoke?
Those in the affirmative are,
Messrs.
Al: Uou Daniel.
Anderson Footman
Baker, of Liberty Foster
Blair Frazer
Brown of Decatur Groves
Broekman Horn
Co flee lioxey
Those in the negative are,
Messrs.
4ilen Harris-
Laker, cf Warren Head rick
38
Blackstone
Broadnax
Brown of Camden
Brown of Monroe
Burney
Cargille
Choice
Clayton of Clark
Clayton of Pulaski
Dyall
Harman
Janes
Joice
Jones
Knight
Love
Matthews
Powell of Mcintosh
Ray
Scarborough
Scarlett
Sellars
Strawn
White
Wellborn
Williams
Wimberly
Wooten
Wynn of Gwinnett
Wynn of Hall
Young
So the senate concurred in all the amendments made by the house,
of representatives to said resolution.
Ordered, That the secretary inform the house of representatives-
thereof.
The resolution of the house of representatives appointing this day
for the election of two brigadiers general, being read,
And on motion to concur therein, it was determined in the affir
mative.
And the yeas and nays being required are-
—yeas 37, nays 93.
Those who voted
in the affirmative are,.
Messrs.
Allen
Footman
Ray
Anderson
Groves
Scarborough;
Baker of Liberty
Harmon
Scarlett
Baker of Warren
Horn
Smith
Brown of Camden
Hoxey
Stokes
Brown of Decatur
Janes
Thomas^
Brown of Hancock
Jones
Tippins
Brown of Monroe
Knight
Williams
Brockman
Lawson
Wimberly
Cargille
Love
Wynn of Gwinnett
Clayton of Clark
Matthews
Wynn of Hall-
Daniel
Powell of Mcintosh
Dyall
Powers
Those who voted
in the negative are.
Messrs.
Alston
Foster
Sellers
Beall
Frazer
Strawn
Blackstone
Harris
Walker
Blair
Hendrick
White
Broadnax
Joice
Wellborn
Burney
Powell of Rabun
Wooten
Clayton of Pulaski
Porter
Young
Cofiee
Spann
Ordered, That the secretary carry the same to the house of repre*
sent&Uves forthwith..
39
TfiTr. Coffee presented a communication from James Tfoze«nati, eso.
Tr ••Hsurer of this State, accompanied with a statement of the receipts
and expenditures at that office, during the political year 1826.
Which was read and referred to the joint committee on finance.
Mr. Clayton, of Clarke, had leave to introduce instanter a bill to
separate and divorce Marian Desha and George W. Desha her hus-
band.
Which was read the first time.
Mr. Janes, from the committee appointed, reported a bill for the
relief of Wiley Alford, of Taliaferro county.
Which was read the first time.
The senate took up the resolution amendatory to a resolution ap>
proved the 17th day of Dec 1825 appointing commissioners to ex-
amine the roads leading from Jenckes bridge, oaOgechee river, to the
town of Macon, in Bibb county—appointing Matthew Caswel, df
Wilkinson county, one of the commissioners on the said road.
Which was read and agreed to.
Mr. Wynn, of Gwinnett, notified the senate, that after to-day, he
would move for the appointment of a committee to prepare and re-
port a bill to exempt from sale for debts contracted after a given time,
certain articles chiefly necessary for the subsistence of the debtors
families, passed the 23d Dec. 1823^
Mr. Biarkstone, from the committee appointed, reported a bill to
add part of the lately acquired territory to the county of Crawford;
Which was read the first time.
On motion,
The hon. senator from the county of Pike was^dded to the joint
committee on internal improvement.
Mr. Foster, from the committee appointed, reported a bill to alter
the mode of filling the vacancies of sheriffs, clerks of the inferior and
superior courts, and tax collectors, and provide for filling the vacan-
cies of receiver of tax returns.
Which was read the first time.
Mr Tippins, from the committee appointed, reported a bill to re-
peal an act entitled an act, passed the 9th Dec. 1824, for laying off
the counties of Emanuel and fatnall into election districts, so far as
respects the county of Tatnalf.
Which was read the first time.
Mr. Spann notified the senate, that after to-day, he would move
for the appointment of a committee to prepare and report a bill a-
mandatory of the 14th section of an act, passed the 9ti» of June,
1825, to dispose of and distribute the lands acquired by the United
States, for the use of Georgia, of the Creek nation of Indians by a
treaty made and concluded at the Indian Springs on the 12th of Feb-
ruary, 1825, so far as the same requires widows to swear that they arc
widow at the time of gi i-ing ill.
40
On motion of M Clarion, of Clarke,
lit salved t Th.": t.e printing corami' ee enquire Into the expediency
©f dug by J.-w for fie publ c < Tinting ot the Executive Depart-
Bxent and the several oSres of S ate a tached thereto, so as to nave
liie setae done in the most economical manner, and to designate what
shall, be considered public printing, anu wnat shall be done at the ex-
ptn'se of the several officers.
The bill to pardon Lev! White, of Walton county, was read the
second time and ordered for a committee of the whole.
A. message wi-; received from his excellency the Governor, by his
secretary Mr. Pierce, informing the senate that his Excellency had
assented to and signed the resolution wnich originated in senate, ap-
pointing this dao at the hour of 11 o'clock, A. M. for the election of
a solicitor geeeial of the southern circuit, a solicitor general of the
northern eircmt, and of a judge of the court of Oyer and Terminer,
tor the city of Savannah.
A message s received from the house of representatives, by their
clerk Mr. Dawson, informing the senate that the house of represents-
Aives are row ready to receive them in the representative chamber tor
th, purpose of electing by joint ballot two solicitors general, a judge
of the court of Oyer and Terminer, for the city of Savannah, and also
t*o brigadiers general.
' And he withdrew.
Whereupon, the president and members of senate repaired to the
representative chamber—both branches of the geneial assembly then
pi uceeded by joint ballot to the election of a solicitor general for ihe
southern circuit in the place of Thomas D. Mitchell, Esq. deceased ;
and on counting out the votes, it appeared that Lott Wauen, Esq.
was duly elected.
They then proceeded in like manner to the election of a solicitor-
general for the northern circuit in.the place of John B. Stewart, dec.;
and on counting out the votes, it appeared that Nathan C. Say re, Esq.
was duly elected. '
They proceeded in like manner to the election of a judge of the
ftourt of Over and Terminer, lor the city of Savannah; and on count-
ing out the votes, it appeared that John C Nichcii, Esq. was duly
elected. *
They then proceeded to the election of a brigadier general for the
1st brigade of the 6th division, in the place of Ger.. D»vid Blaekshear
rt signed ; and on counting out the votes, it appealed that Thaddeue
G. Hoii, Esq. was duly elected.
They then proceeded to 'the election of a brigadier-general for the
I t brigade of the 7ih division, in the place of Gen. Benjamin Cle^e-
land resigned ; and on counting out the votes, it appeared that Ed-
va. ; p. ather&tone, Esq. wa* duly eiecfcd.
The -Presju- n and members of senate retun ed to their chamber,
aBu adjourned until .<-ondai moicino. 10 o'clock.
MQJTIMY, November 12th, 1856,
The honorable Wiliiam A. Tennille, senator elect from the county
of Washington, produced his credentials, and being sworn by the.
President of Senate, took his seat.
Mr. Scarlett from the committee appointed, reported a bill to in?
corporate the Brunswick Canal Company.
Which was read the first time.
Mr, Sellers from the committee appointed, reported a bill to amend
the several acts heretofore passed, to regulate the granting attach-
meats o/id issfting summons of garnishment.
W hich was read the first time.
^ Mr. Daniel laid on the table the following resolution :
Resolved, I\at his 'excellency the Governor be, and he is hereby*"
authorised to purchase, for the use of the Legislature, four of Star-
gesrs maps of the tale of Georgia, two for each house.
Resolved, That a cepy of Strickland's reports upon canals, rail-
ways, turnpikes, &c. be purchased for the use of Uie committee on
internal improvement and ng; iculture.
Mr. Daniel notified the Senate, that after to day, he would move
for the appointment of & committee to prepare and report a bill iq
equalize the salaries of Secretary of State, Treasurer, Comptroller
.General, and Surveyor General.
Mr, Daniel presented the memorial of the justices of the peace of
(lb* thaw county, residing in the city of Savannah;
Which was read and referred to the joint judiciary committee.
On motion,
The honorable senator from the county of Washington, was added
to the joint military committee.
Mr. Powell, of Mcintosh, notified the senate, that after to day, he
Would move for the appointment of a committee to prepare and re-
port a hill to change the name of Solomon Jones,a revolutionary pat-
rior, to that of Solomon Howell.
Mr. Wooten had leave to introduce instanter, a bill to establish and
regulate district elections in the county of Wilkes, and to punisli
these who may attempt to defeat the same.
Winch was read the first time.
On motion of Mr, Powell, of Rabun,
Resolved, That the rfeeretaiy of senate be instructed to hand over
to Raiph Cobb, a memorial and documents I hat are now in his o.iice,
favor of Ralph Cobb, a revolutionary claimant.
42
Mr. Scarborough pre.ieu.ed the petition of a number of the citizen
of D ioiy county.
Which was read and referred to a committee consisting of Messrs,
Scarborough, Clayton, of Pulaski, and Wellborn.
Mr, Brown, of Monroe, from the committee appointed, reported a
bill to sell and dispose of fraction No. 241, in the 5th district of
Monroe county, which was omitted to be sold at the last saJe of the
fractions.
VVhich was read the fust time.
Mr. Clayton, of Clarke, trom the committee appointed, reported a
bill for the relief of Davul Akridge, of Clarke county.
Which was read the fn st time.
On motion of Mr. Broadnax,
Resolved, That his excellency the Governor be requested to assign
one of the,rooms in the arsenal to the trustees of the F/anklin col-
lege, for the purpose of transacting business during the^itting of the
Senatus Academicus, and that the same be fitted up accordingly.
Mr. Dyall notified the senate, thst after to day, be would move for
the appointment of a committee to prepare and yeport a bill, to dis-
pose ot'-.and sell the land laying in the twelfth and thirteenth districts
in the county of Ware, formerly Appling county.
Mr. Hoxey notified the senate, that after to day he would move for
the appointment of a committee to prepare and report a bill, to au-
thouze Zdohariah II Got don to establish a ferny across Flint river,
at the mouth of Big Pota oe creek in Upson county.
Mr. r-r.okman, agreeably to notice, moved for the appointment of
a comm> tee to prepare and report a bill, amendatory ««d explanatory
of the 18 hand 19 h sections of "an act to alter and amend the sev-
erad judiciary acts now in force in this state, so far as relates to jus-
tice» courts,passed De- ember 14th. 1811.
Ordered, Thai Messrs. Brockman, Matthews, and Wynn, ofGwin-
nett, oe that committee.
Agreeably to notice, Mr. Jones moved for the appointment of a
committee to prepare and report a Dill to repeal an act passed at the
lav session of the legislature, entitled an act to create a Board of
Poo ic Works, and to provide for the commencement of a system of'
int ernal improvement.
Ordered, That Messrs. Jones, Powell, of Mcintosh) and Powers*
be that committee.
Mr. Knight had leave to introduce instanter, a bill to authorize the
justices of the Inferior court of Lowndes county, to lay off said
county into militia districts.
Which was read the first time.
Mr. Burney had leave to introduce instanter, a bill to separate and
diy.wre Rdev Fiulev and M-?ry Finley, his wile.
. Which was read the first time.
4$
Agreeably to notice, Mr. White moved For the appointment of a
committee to prepare and report a bill to incorporate the Franklin
academy in Upson county, and to appoint trustees for the same.
Ordered, That Messrs. White, Broadnax, and Blacksione, be that
committee.
On motion of Mr. Coffee,
Resolved, That the printing committee be instructed to have print-
cd, with as little delay as possible, two hundred copies of a btl to be
entitled, an act to incorporate the Brunswick Canal Compahy, for the
«sc of the members of the Legislature.
Mr. Brown, of Camden, from the committee appointed, reported &
bill for the relief of Alfred Doolittle of Camden, and Littleberr?
Johns of Liberty county.
Which was read the first time.
Mr. Scarborough notified the senate, that after to-day, he would
move for the appointment of a committee to prepare and report a
bill to establish a ferry on Flint river, on fraction No. 178, in the first
district of the county of Dooly, and
Mr. Scarborough further notified the Senate, that after to-day, he
would move for the appointment of a committee to prepare and re-
port a bill, to repeal an act, entitled an act, to lay off the county of
Docly into election districts, passed the 25th November, 1824 and
to fix permanent the site of the public buildings, and to name the
same.
Mr. Choice from the committee appointed, reported a bill to amend
an act, entitled an act, to incorporate the De Kalb county academy,
approved SOtiiday of December, 1825.
Which was read the first time.
A message was received from the house of Representatives by Mr.
Dawson, their clerk, informing the senate, that the house of represen-
tatives had concurred in the resolution of senate, requesting his ex-
cellency the Governor to assign one of the rooms in tt e arsenal to
the trustees of Franklin College, for the purpose of transacting busj-
Hess during the sitting of the Senatus Academicus.
And he withdrew.
The following bills were read the second time and ordered for a
third reading.
The bill to amend the several acts incorporating the town of St
Mary's
The bill to incorporate Constitutional Hall academy in Jasper
county.
The bill to repeal an act, entitled an act, passed the 9th December
1824, for laying off the counties of Emanuel and Tatnail into elec-
tion districts, so far as respects the county of Tatnali.
The bill to incorporate Arthur academy in Oglethorpe county.
The bill to authorise certain commissioners to sell and dispose of
44
Uie lumber and site for the naw court house at Wiley Ilobson's in
Wayne county, Smd '
The bill to add a part of Oglethorpe county to the county of Matf-
^on.' ' _ .
The following bills were read the second time and ordered folr
.commit ee of the whole. 1 -
1 be bill amendatory of'an act passed the 24th day of December/
1825. * fuided an act, amendatory of an act passed the 9'"ti day of
Ju e, 182.1, to dispose of - and distribute the lands lately acquired by
tin- Uruled States tor the use of Geoigia of the Creek nation of In-
dmns, by a treaty made and concluded on the 12th day of Febfu~
ary, 1825. ,
The i>:U ro repeal an act to set apart and reserve for the us© of the
-State alt valuable ores, mme^, and minerals, Which have been or may
lineal er be discovered upon lands, which now are or may hereafter
be the property -of the State of Georgia, and to make penal and pro-
:V»de for the pur.i-limerit of the removing, carrying away, or secreting '
the same to the loss of'the'state, passed 24 h December, 1825.
The hill to entitle Sarah Sampler, of the couuty of Fayette, to a
parifcip&Uoh in the present contemplated land lottery of this State.
The b li ro alter and amend the road law of Glynn county, passed
the 24*0 December, 1825.
roe bill to repeal ah act passed the 20th day of December, 1823>.
j8b tar'as ter-pects the cqunty of Early. - '
the bill to alter the mode of filling the vacancies of sheriffs, clerks
of the superior and Inferior courts, and tax collectors, and to provide
lot filling the vacancies of receiver.bf tai returns.
1 he bill to alter and change the name of James James to that of
Henry James.
The bill to alter the 1st section of the 4th-article of the constitu-
lion so as not to make the payment of taxes previous to the general
election, a qualification necessary to entitle a citizen to vote for
Sternberg or the general assembly.
The bill lor the relief of Alexander Ware> ^
the biii to separate and divorce Marian Desha and George W>
Desna her husband. ' '
I'he bill for the relief of Wiley Alford of Taliaferro county.
Trie bill to incorporate the Baptist church on W illiams's creek in
W nrren county.
The bill to iegitamatize and change the name of James A. Jarrel
To-that of James A. Sweat.
t he- bill to add a part of the lately acquired territory to the ccun->
ty of Crawford.
The biil to define the liability of indorsers of promissory notes
and-other instruments, and place them upon the same footing with
-securities, and * /
, I he bill to authorize certain commissioners therein named, to raise
by lottery a fund for the erection of monuments to the memory of
Green and Pulaski, in the city: of "Savannah-.
The hill to repeal an act laying oft' the state info seven congrCS-
sional districts, passed the 22d day'of December, 1825.
Was ordered to ^ss&nd for committee of the whole ,on Thursday
liext, "
45
IChe bUJ io compel the next receiver of tax returns for taxable
perty for Lowndes count}* to receive the tax returns of cMae*-.. ol"
said county, whose taxes are due the state pnor to the ye.--r 1825>
and to make it the duty of the next collector to collect said ax. a.
Was read the third time and passed.
The senate resolved itself into committee of the whole on the bill
to pardon Levi White, of Walton county, Mr Powell, of Mcintosh,
in the chair.
The President resumed the chair, and Mr, Powell reported the bill
without amendment.
The Senate took up and agreed to the report
The bill was read the third time.
And on the question ''Shall this bill now pass?" it was detcrmiriV
cd in the affirmative. /
The
yeas and nays being required, are—yeas 41, nays 16.
Those Who voted in the affirmative are,
M essrs.
Alien
Anderson
Baker of Liberty
B iker of Warren
Blair
Brown of Camden
Brown of Decatur
Brown of Monroe
Bsockman
Burney
Choice
Clayton of Clarke
Clayton of Pulaski
Coffee
Daniel
Dyall
Footman
Foster
Groves
Harroaa
Harris
Hendrick
Horn
Hoxey
Janes
Joice
Jones
Lawstm
Those in the negative are
Messrs.
Blackstone Powell of Mcintosh
Broadnax Porter
Cargills .Scarborough
Frazer Sparrn
Knight Sellers
Mathews
Love
Powell of Rabun
Powers
Riy
Scarlett
Thomas
Tippins
Walker
Wellborn
Williams
Wimberly
Wynn of Gwinnett
Wynn of Hall
Smith
Srawn
White
Wooten
Young
The following message was received from his excellency the Gove-
nor, by Mr. Pierce, his secretary, to-wit.
Executive Department,
Georgia, 3Sth November, 1826
The letter of Joseph V. Sevan, with the documents accompanying
it, will disclose the progress which this gentleman, as the appointed
His?oriogra?»her. has mode in ihe develepement of 'he history of
Heorgia. Our own archives have been explored, what they furnish
m
examined, and a summary of the result herewith submitted. The
oflice of the board of trade and plantations at London is the deposi-
tory of valuable materials necessary to the illustration of our early
history—the settlement of the country—its political changes to the
era of the revolution, and the events of the revolution itself. From
the correspondence of the American and English Ministers, it will
be seen that the British Government, in a liberal and friendly spirit,,
has opened to the researches of the Government of Georgia that de-
positorv—An opportunity therefore is presented of authorizing an
Agency for the transaction and collection of every thing valuable of
colonial history there, to supply what is deficient here, and without
"which the essay to a complete history of Georgia must fail. The
knowledge acquired by Mr. Bevan of what we have, and of course
what we have not, will perhaps recommend him to you as a propel*
person to fill that Agency. His honorable character, patriotic zeal,
and patient industry, will not make him an exceptionable person be-
fore the British Government; and the United States may he kind
enough to believe, that he who is trust worthy for you, may possibly
be so for them.
Signed, G. M TROUP.
Which was read, and with its accompanying documents, referred
fo the joint committee on the state of the republic.
The Senate adjourned until to morrow morning 10 o'clock.
TUESDAY, November 14th, 1"826..
Agreeably to notice, Mr, Powell of Mcintosh, moved for the ap»
point ment of a committee to prepare and report a bill to change the
name of Solomon Jones, a revolutionary patriot, to that of Solomon
Howell.
Ordered, That Messrs. Powell of Mcintosh, Powell of Rabun, and
Porter, be that committee.
On motion,
The honorable senator from the county of Hancock had leave of
absence for a few days.
Mr. Groves presented the petition of Elizabeth Higginbottom, of
Madison county.
Which was read and referred to a committee, consisting of messrs.
Groves, Allen, and Harman.
Mr. Brocf man, from the committee appointed, reported a bill a.*
mendatory and explanatory of the 18th and 19th sections of an act
47
$p alter and amend the several judiciary acts now in force in this
State, so far as relates to justices courts, passed tne 14th day of De-
cember, 1811.
Which was read the first time.
Mr. Stokes, from the committee appointed, reported a bilHto re-
quire sheriffs to take bond and security for the delivering of personal
property on the day of saie when levied on by theoi.
Which was read the first time.
Mr. Powell of Mcintosh, from the committee appointed, reporter!
a bill to change the name of Solomon Jones to that of Solomon Howell..
Which was read the first time.
Mr, Cargill, from the committee appointed, reported a bill to in-
corporate Butts county academy, in the town of Jackson, and to au-
thorise the inferior court of said county to select a suitable let for
said institution, and convey fee simple titles to the trustees of the
same.
Which was read the first time.
Mr. Sellers had leave to in'roduce instanter a bill to amend and
explain an act entitled an act to incorporate the Henry county a car
demy, and to appoint trustees for the same.
Which was read the first time.
Agreeably to notice, Mr. Wynn of Gwinnett, moved for the ap-
pointment of a committee to prepare and report a bill to repeal an
act entitled an act to exempt from sale for debts contracted afrer a,
given time, certain articles chiefly necessary for the subsistence of
the debtors families, passed the 23d Dec 1822.
, Ordered, That messrs; Wynn, of Gwinnett, Williams, and Wim-
berly, be that committee.
Agreeably to notice, Mr. Alston moved for the appointment of a
committee to prepare and report a bill to alter the lime of the sitting
of the superior court in the middle circuit, so far as respects the coun-
ty of Montgomery.
Ordered, That messrs. Alston, Anderson, and Baker of Liberty,
be that committee.
Agreeably to notice, Mr Spann moved for the appointment of a
committee to prepare and report a bill amendatory of the l4:h sec-
tion of an act, passed the 9th of June, 1825, to dispose of and rtisiri-
bute the lands acquired by the United States, for the use of Georgia,
of the Creek nation of Indians by a treaty made and concluded at
the Indian Springs on the 12th day of February, 1825, so far as the
same requires widows to swear that they are a widow at the time of
giving in.
Ordered, That messrs. Spann, Scarlet, and Sellers, be that com-
mitt^e.
Agreeably to notice, Mr, Ray moved for fhe appointment of a com-
mit'"a to prepa eartd report a bill to o-ake permanent the site of the
public buildings in the county of Thomas, and to name the same;
to atjfhonse the justices of the inferior court to lay off said county
into Captain's districts.
Ordered, That messrs Ray, Brown of Decatur, and Powers, be
tha: committee.
Agreeably to notice, Mr. Clayton, of Clarke, moved for the ap-
"pohitment of a committee to prepare and report a bill to alter the 7th
section of the 1st article of the constitution, so as to reduce the num-
be- of members in the house of representatives.
\nd also for the appointment of a committee to prepare and report
a bill to alter the 3d section of the 1st article of the constitution, so
as to ri duce the number of senators of the general assembly of this
Ordered, That messrs. Clayton, of Clarke, Burney, and Brown of
Monroe, be that'committee.
Mr.-Hendrick notified the senate, that after to-day, he would move
for the appointment, of a committee to prepare and report a bill to re*
peal the 12tn section of gin act entitled an act to dispose of and dis-
tribute the. lands lately acquired by the United States, for the use of
Georgia, of the Creek union of Indians, by a treaty made and con-
eluded at the Indian Sp»ings on the 12th day of February, 1825,
parsed the 9th day of June, 1825.
Mr. Coffee presented the petition of William II. Boner and Joseph
W dson. .
Which was read and referred to a committe consisting, of messrS.'
potfee, Walker, and Daniel.
Mr. Porter, from the committee appointed, reported a bill to add d
part of the lately acquired tenito.rj, from the Creek nation of Itfj
dians, to the county of Baker.
Which was read the first time.
Agreeably to notice, Mr. Daniel moved for the appointment of a
committee to prepare and report a bill to equalise the salaries of sO*
cretary of state, treasurer, comptroller general, and surveyor-general#
Ordered, i'hat messrs. Daniel, Hoxey, and Blair, be that-com-
mitf-ee.
Mr. Baker of W arren, had leave to introduce instanter a bill
divorc-1 and separate John Ray and Mary Ray his wife.
Which was read the first time.
On motion of Mr. Hcndrick,
The Senate'took op the resolution referring the penitentiary sys-
tern to the peopie.
Which being read, the following substitute was offered by Mr*
powers:
Resolved, That the joint judiciary committee be, and they are here*'
by, instructed to prepare and report a hill to repeal such pari; of the
penal cod of thin State, «s authorises penitentiary confinement, U*
such manner as they may trunk best lor the purpose of abolishing saul
iSystem.
40
Which together with the original resolution was ordered to lie oft
the table. ,y
The following msssage was leccived from the house of represen a*
fives, b/Mr. Ua-vson, their clerk, to wit;
Mr. President:
The house of representatives have passed the following bills^
to wit;
A. bill to be entitled an act to continue in force an act entitled an
act to revise and amend the several land acts now in force in tins
State, in relation to v scant lands and land surveyed on head rights
and bounty warrants, parsed the 17th day of Dec. 1825.
A bill to change the names of certain persons therein mentioned*
and legitimate the same.
A bill to amend an act enti led an act to incornorate the Bank of
Dane «, passed the 15th day ef Dec in the year 1818.
V bill to authorise certain commissioners therein named, to estab*
fish a lottery for the purpose of raising the sum of twenty-five hun-
dred dollars, for the purpose of aiding and assisting the funds pf the
Eaton ton Academy, in the county of Putnam
A bill to authorise Jonathan Phillips, of Pike county, to establish
a ferry across Flint river.
And a bill to change*the time of holding the inferior courts in the
county of Telfair.
To which they desire concurrence. And he withdrew.
The following bills were severally read the second tine and order*
ed for a third reading, to wit:
A bill to establish and regulate district elections* in the county of
Wilkes, and to punish those who may attempt to defeat the same.
A bill to amend an act entitled an act to incorporate the De ltalb
©ounty academy, approved the 20th Dec. 1825.
A bill to authorise the justices of the inferior court of Lowndes
county to lay off said county into militia districts
And a bill to sell and dispose of fraction No. 241, in the 5th dis*
tric.t of Monroe county, which was omitted tci be sold at the last sales
of fractions.
The following bills were reaid the second time sind ordered fur com?
Riittee of the whole, to wit—
A bill to separate and divorce Riley Finley and Mary Finley his
wife.
A bill for the relief of Alfred Doolittle, of Camden county, and
Lirtleberry Johnsj of Liberty county.
A bill to be entitled an act for the relief at David Akridge,of Clark
county. ,
And a bill, to amend the several laws heretofore passed to regulate,
ihe granting attachments and issuing summons of garnishment*
4.
m
The ToJVw;ng bills were severrliy read the third time, and passefl
?Jnle their respective titles, to wit—
A. bill to be entitled an act to incorporate Constitutional Hall Aca*
demy, in Jasper county.
A bill to amend the several acts incorporating the town of St,'
Marys.
A bill to incorporate Arthur Academy, in Oglethorpe county.
A bill ta authorise certain commissioners to sell and dispose of the
lumber and site for the new court house, at Wiley Robson's in Wayne
county.
A bit] to add a part, of Oglethorpe to the county of Madison.
And a bill to repeal an act eptitled an act for laying oft"the coon-
ties of Emanuel and Tatnall^to election districts, passed 9th Dec.
1824, so far as respects the County of Tatnall.
The senate »esolved itself into a committee of the whole on the bill
to"regulate the intercourse between the barks of this State, a^d other '
institutions-and brokers, Mr. Walker in the chair. '
The president resumed the chair, and Mr. Walker-reported.the bill'
Without amendment.
The senate took up and agreed to the report, and ordered the bill
to lay on the table.
The senate resolved itself into a committee of the whole on the
bill to divorce ant) separate Elizabeth Palmer and her husband Elisha
Palmer, Mr Tennille in the chair.
The president resumed the chair, and Mr. Tennille reported the
bill without amendment.
T e senate took up and agreed to the report.
The bill was read the third time.
And on the question "shall this bill now pass ?" it was determine®
in the affirmative.
And the yeas and nays being required are—yeas 37, nays 16.
Those in the affirmative are,
Messrs.
Allen
Groves
Scarlet
Biker of Liberty
Her d rick
Smith
B«k« r of Warren
Hoxey
Strawn
Broad ru x
Janes
Tennille
B<own of Camd»ri
Jones
Thomas
B'own o» Monroe
Love
Tippins
B'irney
Matthews ,
Wa.'ker
Citrgillo
Powell of Mcintosh
W edborn
CboLe
Powell of Rabun
WimOerly
W< oiea
Clayton tf Clark
Porter
Coffee
Powers
Young
Dyall
Ray
Footman
Spann
Si
Those in the negative are,
Vte-srs.
Bf>ck*tone
Bia^r
Brown of Decatur
13 ockman
Clayton of Pulaski
Daniel
Foster
llairis
Horn
Joi<e
Knight
Lawson
Scarborough
Sellers
Wyno of Gwinnett
Wynn ot Hall
The Senate adjourned until to-morrow morning 10 o'clock,
WEDNESDAY, November 1 tth, 1836;
Mr. Biker, of Liberty, notified the senate, th&t after to dav, he'
would move for the appointment of a committee to prepare and report
a bill to repeal an act, entitled an act, to exempt from road duty on
certain conditions, all male slaves on the island of St. Catherine,
passed the 21st December, 1821.
On motion of Mr. Baker, of Liberty,
Resolved, That his excellency the Governor be requested to pur-
chase four copies of the Georgia Justice, and have them transmited
to the justices of the Inferior court of Liberty county, for the use of
staid county, and that the same be paid for out of the contingent fund*
, Mr, Groves, from the committee appointed, reported a bill for the
relief of Sally, Woodson, Matthew, and Polly Ana Higg'mbotham,
child' en of Benjamin Higginbotham and Elizabeth Higginbotham.
Which was read the first time.
Mr, Scarborough from the committee appointed, reported a bill to
lay off and add a part of the county of Dooly to the county of Pulaski,
Which was read the first time.
Mr. Blair from the committee appointed, reported a bill to pardon
Hugh Gallagher.
Which was read the first time.
The senate took up the resolution appointing commissioners and
trustees of \ppling county academy, and authorizing said commis-
sioners to demand and receive from their predecessors in office, such
sum or sums of money as have been drawn from the treasury for the
use of the \ppling county acedemy, &c. which being read,
Mr. Daniel offered by way of substitute, a bill to appoint trustees
of the poor school fund in Appling county, and to vest the fund of
the Appling county academy in the same.
Which was received and read i'm first time;
4*
f" Agreeably to notice, Mr. Dyall moved for the appointment of $
Committee jo prepare and report a bill, to dispose of and sell dig
land lying in the 12th and 13th districts in the county of Ware tor-
inerly Appling county.
Ordered, That roes^rs. Dyall, Baker, of Warren, Claytoh, of
Clarke, Scarlett, Powell, of Mcintosh, be that committee.
Mr. Daniel, from the committee appointed, reported-a bill to
change and define the compensation of Secretary ot State, Treasur-
er, Surveyor General, and Comptroller General, and Co give to each
officer a permanent salary.
Which was received and read the first time.
*"j?The President laid before senate a communication from William
Triplet!, Esq comptroller'general of this State, relative to certain
proceedings against the attorney-general of she State.
\ Which was read, and together with the accompanying document^
referred to the judiciary committee.
Mr. Sellers from the committee appointed, reported a bill for th&
relief of John C. Gallman a revolutionary soldier.
Which was read the first time.
f Mr. Allen from the committee appointed, reported a bill to autho#
rizc his excellency the Governor, to cause a grant to be issued to
James Dudley for Fraction No. 34, in the 9th district in Henry county#!
Which was read the first time.
' Mr. Allen presented the petition of a number of citizens of the
icounty of Elbert, which was read and referred to the joint judiciary
committee.
f Agreeably to notice, Mr. Scarborough moved for the appointment
of a committee to prepare and report a bill to repeal an act laying
off the county of Dooly into election districts, passed the 25th No-
vember, 1824 and to fix permanent the site of the public buildings
and to name the same.
Ordered, That Messrs Scarborough, Footman, and Choice, be that
commiuee.
Agreeably to notice, Mr. Scarborough moved "for the appointment'
of a committee to prepare and report a bill, to establish a terry on
Flint river on Fraction 178, in the first district of the county of
D< nly.
Ordered, That Messrs. Scarborough, Brown, of Camden, and Car-
gille, be that committee.
Mr. Clayton, of Clarke, presented the petition of General John
S ewart, of Oglethorpe county, which was read, and with its accom*
panyiug documents, referred to the jrint judiciary committee.
Mr. Harmon laid on the table the following resolution:
Whereas, The legislature at their last session, did pass a joint re-
solution authorizing the Governor to deliver to William Bowen, th«
Africans now in custody of the state, and also a balance of monejgt
SB
as proceeds of Africans heretofore sold ; and it appearing that one
of the conditions on whi h such delivery was founded, is impossible
to be complied wi?h ; for remedy whereof
Be it resolved by the Senate and House of Representatives of the.
Slate of Georgia in General Assembly met, fhat immediately after
the passing of this resolution, it may and snail be the duty of his ex-,
eellency the Governor, to deliver, or cause to be delivered to Wiiiuia
Bo wen, all the African negroes now in the custody or control of tne
State, and also to pay, or cause to be paid to the said William B w-
en, whatever sum of money remains unexpended of the proceeds of
Africans heretofore sold by said Stat?, on the condition that, the
said William Bowen do execute to the Governor, a full release of all
claims on the State for her interference or detention of said slaves
and proceeds.
VIr. Powell, of Rabun, from the committee appointed, reported a
fejll to add that part of the funds heretofore set apart for the support
of county academies to the poor school fund, so far as respects the-
county of Rabun.
Which was read the first time.
Mr. Clayton, of Clarke, from the committee appointed, reported a
hill to alter the 7th section of the 1st article of the constitution, so
as to reduce the number of members of the house of representatives;.
Which was read the first time.
Mr. Alston, from the committee appointed, reported a bill to alter
file time of holding the superior courts iq the Middle circuit, so far
as respects the county of Montgomery.
I Which was read the first time.
Mr. Jones presented a petition from a large number- of citizens of
Newton county, praying the privilege of raising a sum of money by
lottery, for the purpose of erecting bridges over vviter courses tu
said county.
Which was read and referred to a select committee, consisting of
messrs. Jones, Horn, and Wynn, of Hall.
On motion of Mr. Powers,
Whereas, It is known to the legislature, that a large sum in bank
bills is now in the State Treasury, which is liable to destruction by
fire or other accidents,
Be >t therefore resolved, That the committee on finance be request-
ed to propose such means as they may think best, for the purpose of
securing tne money in the State Treasury from being lost to the State
by accident or otherwise, either by making special deposits in some
of the banks of said state, or by causing lists of the numbers, let .ers,
and dates of the different bank bills to be made out and deposited
in different situations, where some of. them may be preserved from
accident, or in any other way that they may think best.
Mr. Baker, of Warren, notified the senate, that after to day, he
would move for the appointment of a committee to prepare and re*
54
*ort a bill tolegitamatixe the marriage contract of Buckner Bass and
diss Ann Dozier, and also to legitamaiize Jane Eiizabeth their
daughter.
Mr White, from the committee appoinfed, reported a bill to incor-s
porate Franklin academy in Upson coumy, and to appoint trustees
for fhe same.
Which was read the first time.
Mr. Jones, from the committee appointed, reported a bill to alter
and unend the 2d section of the 4lu article of the constitution.
Which was reau the first lime.
Mr. Tippins, from the committee appointed, reported a bill for the^
irelief of J Dorrence of Taina.ll county.
Which was read ;$e first time.,,
Mr Marmanhad leave to introduce ?nstanter, a bill to amend tK$
third section of an act to amend the judiciary of this State, so far at
gespects justices of the peace; assented to lac 9th December, 1819.
Which was read the first time.
Mr. Porter notified the Senate, that after to day, he would move
for the appointment of a committee ;n prepare and report a bill, »0
add the academy fund to which die cou'uty of Baker is entitled* to
the poor scho.ol fund of said count) .
Agreeably to notice, Mr. H end rick moved for the appointment of a
committee to prepare and report a bill, to repeal the 12th se ction uf
an act, entitled an act, to dispose ot and distribute the lands latew
acquired by-the United States for the use of Georgia, of ihe Creel
nation of Indians, by a treaty made and concluded at ti e Indian
Spring* on the 12th day of February, 1825, passed the 9th day of
Jure. 1825.
Ordered, That messrs. Hendrick, Foster, and Wooten, be thai
noinuiittee.
The Senate took up the message of yesterday from the house of
representa ives, and the bills therein contained were severally read
ihe first time.
Mr-Jones, from the committee appointed, reported a bill to repeal
an act passed the 21st December, 1825, entitled' an act to create if
Board of Public Works and provide lor the commencement of asjfh
tern of infernal improvement.
Which was read the first time.
Mr. Blair presented the petition of Daniel LedbeDer-'
Which was read and referred to a committee, consisting of messta.
Blrir, Coffee, Daniel, and Walker. ,
The following bills were severally read the second time, and oS-
dered for a third reading, to-wit:
4- bill to alter the name of Solomon Jone.? to that ef Solomon HowcS
55
A bill to incorporate l?u?ts county academy in the town of Jack-
son, and to authorize the Inferior court of said county to select a suit»
ab!e lot for said institution, and convey fee simple titles to the trus-
tees of the same, and *
A bili to amend and explain an act, entitled an act, to incorporate
the iietiry county academy, and appoint trustees for the same.
The following bills were severally read the second time, and or-
dered for committee of the whole, to-wit:
A bill to divorce and separate John llay and Mary Ray his wife.
A Dili requiring sheriff- to take bond, and security for the delivery
of personal property on the day of safe, when levied on by them.
A bill to add part of the lately acquired territory from the Creek
sation of Indians, to the county <rf Baker, and
A bill amendatory and explanatory of the .18th and 19th sections
of an act to alter and amend the several judiciary acts now in force in
this State, so far as relates to justices courts, passed Dec. 14th, 1811,
The following bills were severally read the third time and passed,
under their repective titles, to wit:
A bill to amend an act, entitled an act, to incorporate the De Kalb
county academy.
A bdi to sell and dispose of fraction No. 241 in the 5th district of
Monroe county, which was omitted to be sold at the last sales of
IV actions , . .
A bill to authorise the justices of the Inferior court of Lowndes
county, to lay i>ff said county into militia districts, and
A bill to establish and regulate district elections in the county of
Wilkes, and to punish these who may attempt to defeat the same.
The s mate resolved itself into committee of the whole on the bill
to add the reserve at the Y>!d agency on the east side of Flint river, to
the county of Crawford, Mr. Coffee in the chair.
The. President resumed the chair, and Mr. Coffee'reported the bill
vyi th ou t a i n t nd rn e id.
The senate rook up and agreed to the report.
And the bill was read the third time and passed.
The sen ile resolved itself into committee of the whole, on the hill
to repeal an act passed the 20th December, 1823, establishing district
elections in the counties of Telfair, Early, and Appling, so far aa res-
peats the county of Early, Mr. Jones in the chair.
Trie President resumed the chair, and Mr. James reported the bill ,
.with an''amendment. ■
The senate took up and agreed to the report.
And the caption of the bill being asm-nded, the.same-was read the
third time and passed, under the title of
A bill'to repeal an act, passed the 20th of Dec. 182S, establishing
district elections in the counties of Telfair, Early, and Appling,
so fir as respects the county of Early.
And to repeal an act establishing an election district in the county
of Dccat'ir.
The senate resolved itself into a committee of the whole, on tt«sv
bill to aiier and amend the road law of Glyun county, passed Dec,
the 24th 1825, Mr. Brockman in the chair.
4'he President resumed the chair, and Mr. Brockman reported the
bill without amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
The senate resolved itself into a committee of the whole upon the'
biit to repeal an act, entitled an act to set apart and reserve for ihe
ose of the State all valuable ores, mines, and minerals, which have
"been, or may hereafter be discovered upon lauds which now are. or
may hereafter be the property of the Sune of Georgia, and to make
penal and provide for the punishment of the removing, carrying a-
way, or secreting the same to the loss of the State, passed the 20lh
D' ember, 1825, Mr. tellers in-the chair.
The President resumed the chair# and Mr. Sellers reported pro*
gi ess and had leave to sit again.
The senate resolved into a committee of the whole on the bill a-.
Biendatory of an act passed the 24th of December, 1825, entitled an
act,amendatory of an act passed the 9th day of June, 1825, to dis-
pose of and distribute the lands lately acquired by the United States
for the use of Georgia, of the Creek nation of Indians, by a tieaty
made and concluded on the 12th day of February, 1825, Mr. Wim-.
berly in the chair.
The president resumed the chair, and Mr. Wimberly reported
progibfes and had leave to sit again.
1 he senate resolved itself into a committee of the whole, on the
bid to define the liability of indorsed of promissory notes and other
instruments, and to place them upon'the same footing with securi-
•ties, Mr. Powers in the chair
Toe President resumed the chair, and Mi\ Powers reported pro-
gross and had leave to sit again.
The senate resolved itself into a committee of the whole on the
bid to legitamatize and change the name -of James Jarreil to that of
Ja nes Sweat, Mr. Baker, of Warren, in the chair.
The president resumed the chair, and Mr. Baker reported the biff
without amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
The senate resolved itself into a committee of the whole, on the
biii to alter and change the name of James James to that of Henry
James, Mr. fiend rick in the chair.
'I'he President resumed the chair, and Mr. Hendrick reported the,-
bid with amendment.
The senate took up and agreed to the report.
The bill w as read the third time, and the caption being amended, it
passed under the title of
A bill do change the name of James James to that of Henry Ja- e»,
'Addison Rend rick of Columbia county \o that ol Aduuen Jriass^p
£b4 Bradford Carter to thai oi Bradford Johnsont
S3
The senate resolved itself into a committee ofjhc whole on tfefe,
feiii tor the teiief of Alexander Ware, Vir. VV ei*lb«h jft ;he chair.
i'tie President resumed the chair, and Mr. Vv el llru reported the,
bill wi.hout amendment.
The senate took up ar.d agreed to the report.
Tne bill was read the third time and passed.
The senate rtso'ved itseK into committee of the wple, on the bill
t© alier the mode of filling the vacancies of sherifis,cLks of the Su-
perior and Inferior couits, and tax coiiectars, and prlide forfiilir _
the vacancies of receiver of tax returns, Mr. Clapton, of Claire, ia
the en air,
The President resumed the chair, and Mr. Claytohreporte^ the
bili wiihout. amendment.
i'he senate took up and agreed to the report.
The bill was read the third time and passed.
The senate resolved itself into a committee of the vrhob on tl
bill to separate and divorce Marian Desha and George \V. Dtsha h<
husband. Mr. Foster in the chair.
The President resumed the chair, and Mr. Foster reported the bil
without amendment. *
The senate took up and agreed to the report.
The bdl was read the third time.
And on the question "Shall this bill now pass ?" it was determined
fci the affirmative.
The yeas and nays being required, are ytas 44, najs 11.
Those who voted
Messrs.
Allen
Baker of Liberty
Baker of Warren
Broad nax
Brown of Camden
Bmiwii of Monroe
Burney
Cargille
Choice
Clayton of Clarke
Clayton of Pniaski
Coffee
fiyall
Footman
Frazer
in the affirmative are.
Groves
Harman
Harris
liendrick
lioxey
Jones
Knight
Lawson
Love
Matthews
Powell of Mcintosh
Powell of Itabun
Porter
Powers
Those in the negative are,
Messrs.
Anderson Brockvnan
Blackstone Daniel
Blasr Foster
Brown of Decatur Horn
liay /
Spanni
Scarlett
Sellers
Smith
Stokes
Tentalle
Tipp/ns
Waiter
While
We fi born
Wiihbrlt
Woo ten
Young
Joice
Strawa
Wyni of Gwinneet
W win ot -.fi
The senate adjourned until to morrow morning 10 o dock-
THURSDAY, November 16, 1826.
Mr. Baker ofLibertv, agreeably to notice, moved for the appoint-
aipnt of a comnitee to prepare and report a bill to repeal an act en-
titled <p act tosempt from road duty, on certain conditions, all male
Slaveshn the band of St. Catherine,'parsed the 21st Dec.-1821.
Grieved, Tat messrs. Baker of Liberty, Beull, and Love, be that
comyittce. /
of motion jj Mr. Groves,
- jLsolved, that the military committee, be instructed to enquire.
ir\f the r.xo'/liency of altering the 15 h section of an act passed It) h
pwDec. 1815, entitled an act to revise and consolidate the militia
I'Xs of thisfS/ate, and to repeal the cavalry laws now in force, so
2 to compel officers commanding companies'to hold their musters as.
/ear tie centre of the. district as practicable.
/ On nation, the honorable senator from the county of Morgan had
leave (.1 absence. for a few days.
Mr. White notified the senate, that after to-day, he would move for
the appointment of a committee to prepare and. report a bill to keep
open Flint river at certain seasons of the year.
Mr. Janes had leave to introduce instanter a bill to incorporate the
town of Crawfyrdville, in Taliaferro county.
Which was iiad the first time.
Mr. Jane* aisV obtained leave to infroduce isstanter a bill toincor-
pora«e Crawftmiville Academy, and appoint trustees for the same.
Which was rekd the first time.
On motion, the honorable senator from the county of Jasper had
le..ve of absence until Monday next.
Mr. Hendrick flad le -ve to introduce instanter a. bill for the relief
of ivvoiudowy soldiers and o-kcis, holding bounty warrants.
Which was read the first time.
^ Mr. Clayton of ICSarke, from tne committee appointed, reported a
b'U to sell ant dispose of the land lying in the 12th and 13th districts
of d ate, (oruerly Appling county.
M iiic'i was '-cad the first time.
Mr. (iaker o. Liberty, from the committee appointed, reported a
bdl to re ova! an act entitled an act to exempt from road duty, on ccr-
tain conditio,a, all male slavs in the Island of St. Catherine.
Wince was read the first time.
Mr. ?!eod ick, from (he committee appointed, reported a bill tore.*
petti the 12th section of an act entitled an act to dispose of and ti$-
Georgia, of the Crock nation of tmlia'ns. by a treaty mudi and 'C.»h*
eluded at the liid'an Springs, on the 12tli day ot February, 1S25#
pas-ed the 9tSi day ot Jane, 1825.
Which was read the first time.
Mr. Cargille had leave to introduce instanter a b;ll to make per-
uv-neni the site of Jackson, in the county of Butts, and to incorpo-
jrate the same. . ,
Which was read the first time.
Mr. Scarborough, from the committee appointed, reported a bijl to
repeal an act entitled an act to establish election districts in the coun-
ty of Dooly, passed the 25ih Nov. 1824 — ANo to make permanent
the site of thfe public buildings in said county, and to name the same.
Which was read the first tune.
Mr. Daniel, from the committee appointed., and to whom was re-
ferred the petition - of John Screven, Esq praying the payment of
certain bills of credit issued in 1786, by authority of this State, for
the redemption of which, in gold and Diver, " the guarantee of the,
honor and faith of Georgia was given—Reported,
That the demand of John Screven is just and ought to be paid ;
and recommend the adoption of the following resolution ;
liesolved, That the sum of dollars be appropriated for 'he
redemption of certain bdis'of-credit, i.-sued by authority of this State
in 1785, now owned by John Screven, E, q.
Which was rcau and ordered to lie on the table. '
The senate resolved itself into a committee of the whole on the bill
to repeal an act, to lay off the s'ate into seven congressional dis-
,tricts. passed the 22d December, 1825, Mr Knight in tne cnair.
The"president resumed the chair, and Mr. Knight reported the bill
without am"-ml merit.
foe senate took up and agreed to the report.
The bill was read the third time.
And on the question "shall this bill now pass?" it was determined
-oh the affirmative.
The yeas and nays being required are—yeas S3, nays 28,
Those who voted in the affirmative are,
Messrs.
Alien
Baker of Liberty
Taker of Warren
Beail
Brown of Decatur
Brown of Monroe
Brockman
Choice
Clayton of Clark
Daiiitd
Powers
liay. "
Jones
Footman
Barman
Born
IIoxey
Janes
Wimerly
M yun of Gwinnett
^ynnof flail
|fpu ug
Scarborough
Scarlet
Smith'
Stokes,-
Thomas
Tippius
M .Hi uns
6©
Those who voted in the negative are*
Messrs.
Alston
Foster
Spans
Anderson
Frazer
Sellers
Blackstone
Groves
Strawn
Blair
Harris
Tennille
Broad nax
Hendrick
Walker
Brown of Camden
Joice
White
Biirhey
Matthews
Wellborn
Cargille
Powell of Mcintosh
W ooten
Clavton of Pulaski
Powell ®f Rabun
Coffee
Porter
The fallowing bills were read the second time and ordered for &
third readidg—
A bill for the relief of Sally Woodson, Matthew and Polly ^,nis
Higginbotham, children of Benjamin Higginbotham and Elizabeth
Bigginbotham.
A bill to appoint trustees of the poor school fund in Aopiing county
and vest the fund of the Appling county academy in the same.
A bill to authorise his excellency the Governor to cause a grant to
be issued to James Dudley for fraction No. 34, in the 9lh district its
Henry country.
A bill to add that part of the funds heretofore Set apart for the sup.
port of county academies to the poor school fund, so far as respects
the county of Rabun.
A bill to alter the time of holding the superior courts in the Mid-
die circuit, so far as respects the county of Montgomery.
A bill to incorporate Franklin academy in Upson county, and ap-
point trustees for the same.
A bill for the relief ol Joseph Durrence, of Tatnall county.
A bill to continue in force an act to revise and amend the several
land acts now in force in this State, in relation to vacant lands and
Ian is surveyed on head rights and bounty warrants.
A biii to change the names of certain persons therein mentioned,
and to legitimate the same.
A bill to amend an act entitled an act to incorporate the Bank of
Darien, passed the 15th day of Dec. in the year 1818.
A bill to authorise certain commissioners therein named to estab-
lish a lottery for the purpose of raising the sum of $2500, for the
pwpose of aiding and assisting the funds of the Eatonton Academy,
in the couuty of Putnam.
A bill authorising Jonathan Phillips, of Pike county, to establish a
ferry across Flint river.
And a bill to change the time of holding the inferior courts in the
county of Telfair.
The following bills were read the second time and ordered for com.
miitee of the whole.
A bill to incorporate the Brunswick Canal Company.
A bill to lay off and add a part of the county of Dooly to the cot®*
ty of Pulaski.
th
A bill to pardon Hugh Gallaher.
A bill to cha ami define the compensation of secretary of state;
treasurer, surveyor-general, and comptroller general, and to give t«
each officer a permanent salary. 1
A bill for the relief of John C. (iallman, a revolutionary soldier.
A bill to alter the 7sh section of the 1st article of the constitution,
so as to reduce the number of meinbe >; of the house, of representa-
fives.
A bill to alter and amend the 2d section of the 4th article of the
constitution. ,
A bill to amend the 31 section of an act to amend the judiciary of
this State, so fir as respests justices of the peace, seated to the 9th
December, 1819.
And the bill to repeal an act passed the 21st Dec. 1825, entitled
sin act to create a Board of Public Works, and provide tor the coin-
mencement of a system of internal improvement.
The following bills were read the third time and passed.
" £
A bill to a ter the name of Solomon Jones to that of Solomogi
Howell.
A bill to incorporate Butts county academy, in the town of Jack*
son ; and to authorise the inferior court of said county to select a
suitable lot for said institution, and convey fee simple titles to the
trustees of the same.
And a bill to amend and explain an act entitled an act to incorpo-
rate the Henry county academy, and to appoint trustees tor the sam&
The senate resolved itself into a committee of the whole on the bill
to separate and divorce John Ray and Mary Ray bis wife, Mr. Broad-
oax in the chair.
The president resumed the chair, and Mr. Broaduax reported the
bill without amendment.
T ie senate took up and agreed to the report.
The bill was read the third time.
And on the question " shall this bill now pass r" it was determined
In the affirmative.
The yeas and nays being required are—yeas 43, nays 18.
Those who voted in the affirmative are,
Messrs. ;
Allen Footman Spann
Baker, of Liberty Frazer Scarlet
Baker, of'Warren Harman Smith
Beall Hendrick Stokes
Broad na«: Hoxey- Srawn
Brown of Camden Lawson Tennille
Brown of Decatur Love Thotnas
Brown of Monroe Matthews Walker
Burney Powell of Mcintosh White
Cargille Powell of Rabun Wellborn
Choice Porter Williams
62
felavtos of (Bark Powers Wimboi^j
Clayton of Pulaski Ray Woof en
C*tiVe Scarborough Young
Dyall
Those in the negative are,
Messrs.
Biackstone Groves Knight
Blair Harris Sellers
Brock man Janes Wynn Gwinnetf
Daniel Joica "W'ynn of Hail
Foster
The senate resolved itself into comiriHee of the whole on the bill
to add a part of the lately acquired territory, fiom the Creek nation
of 1 xdians, to the county of Baker, Mr. Blair in the chait.
The president resumed the chair, and Mr. Blair reported progress
and had leave io sit again.
The senate resolved it self into comwWee of the whole on the bill
requiring sheriiis to take bunas for the delivery ot personal property
on the day of sale, Mr B.acks one in the chair.
The president resumed the chair, and Mr. Blackstone reported
progress and had leave to sit again.
The senate resolved itself into a committee of the whole on the
bill amendatory and explanatory of the 18 h and 19th sections of an
act to alter and amend the several judiciary acts now in force in this
State, so far as relates to justices courts, passed Dec. l4ih, 1811, Mr*
"Women io the chair. !
The president resumed the chair, and Mr. VVooten reported the'
bill without .oendment.
The senate look up and agreed Jo the report.
The bill was read the third time and passed.
The senate resolved itself into committee of the whole on the bill
to make the estate of all attorneys at law, liable to pay before any
Other debt, all sux»s of money placed in their hands for collection,
Mr Sparin in the chair.
The president resumed the chair, and Mr. Spann reported progress
and had leave to sit again.
The senate resolved itself into a committee of the whole on the bill
to incorporate the Baptist church, on Williams'.1 creek, in Warrea
county, Mr. Alien in the chair.
The president resumed the chair, and Mr. Allen reported the biR
Without amendment
The senate took up and agreed to the report.
The bill was read the third time and passed.
The senate again resolved ilself into a committee of the whole ok
the bill to add a parr of the lately aiquired tc.rii.ory to the county <#"
Craw lord, Mr. Baker of jLioerty, tu ihe chair.
The president resumed the chair, and Mr. i&kjr reportfd the bUi
without amendment.
Ordered, That the report lie on the table,
A. message was received from the house o representatres, by Mr)
Dawson, their clerk, informing the senate tht the house o represen-
tatives had passed a bill allowing certain ersonp therein named to
plead anu practice law on certain condition.
And he withdrew.
Mr. Daniel presented the memorial of m assc
name of the Savannah, Ogechee and Alaatnaha
which 'was read,
Whereupon, Mr. Daniel had leave to mtroduc
Incorporate the "Savannah, Ogechee and Alacawah
Which was read the first time.
iation bearing the
Janai Company—
instaiter a bill to
C'ane Company."
On motion, the honorable senator from the ccmty t Eibert was'
added to the joint military committee.
I
On motion of Mr. Blair, '
Ilesolved, That James It. 'Wyly, and Thomas J Uuslbe, and they
are hereby, appointed trustees of the Clarkesviih Acdemy, in the
county of Habersham, in addition to those airead; appinted.
On motion of Mr Coffee,
Ilesolved, That the committee on printing be instrictei to have
printed, with as little delay as possible, two bunded ctpies of a bill
to incorporate the ^ Savannah, Ogechee and Alaimahi Oalial Com-
pany," for the use of the Legislature.
Mr. Powers laid on the table the following resqution:
Resolved, That when a member of the senate stall annoujee to the
chair that he wishes to present a petition, menorial, orjany other
matter for consideration, or when the chairmanpf any os the com-
mittees announce to the chair that they are read} to report the same
shall be received without any question being put jy the eliir, unless
some'rnember should object, in which case the qiesiioa sjall be put,
by the chair and decided by the senate.
Mr. Brown of Camden, notified the senate, jnat after to day, he
would move for the appointment of a committee /o prepariand report
a bill to separate and divorce Zebulon Rudolph/and Elm his wife-
Tiie senate adjourned until to morrow mornijg 10 o'clock.
FRIDAY, November \7th, 1886;
©n mnioii, thejfmncable senator from the county of Twiggs had
leave of &se»ce nil tin day next.
Mr. Wlker pr
of Vitgusi.
*'Vnirh /as rea«
"W,tlker, law son
Mr Rrodnax
9>h -e'tioi'if the
sente! the memorial of the Directors of the Bank
and nferred to a committee, consisting of messrs.
and Mtxey.
ad lean to introduce instanter a bill to repeal the
9th division of the penal code of this State.
Which 'as reap the first time.
A^reeaby to nrtice, Mr. Briker of Warren, moved for the appoint-
ment of a ommitee to prepare and report a bill to legitamatize the
marriage cntrae of Buckner Bass and Miss Ann Dozic r; and alse
to !e»iramtize J ne Elizabeth their daughter.
Ordered. Tha messrs. Baker, Frazer, and Harriss, be that com-
mittee.
Mr.
corpori
drove,
And
ty of
Whi
Bakr of
Mr.
Roi
i.e oe
in Varre
ds( a
\raren,
h vere r
bill t
ari
Varren, had leave to introduce instanter a bill to in-
an Catholic church of the purification, at Locus?
county.
o incorporate Locust Grove Academy, in the conn-
to appoint trustees for the same.
■id the first time.
ed up the resolution relative to the purchase of
ind's Reports on Canals, Railways, &c.
label ca
maps, atd Strick
Whin was real! and disagreed to.
Mr Lndersoh
|tive furper time
those w
Whic
from the committee appointed, reported a bill tb
fo purchasers of fractions, lots or islands, and to
ntav hsre forfeited their lands in the la^e sales,
was real the first time.
Agreejbly to ndtice, Mr. White moved for the appointment of a
oommiites to prejkre and report a bill to keep open Flint river at
Cert-tin stWns of the yean
OrdereL That j&essrs. White, Young, and Tennille, be that com-
mittee. 11'
Agreeably to notice, Mr. Brown of Camden, moved for the appoint-
m*»nt of a committee to prepare and report a bill to separate and di-
vorce Zebu (on Rundolph and Eliza his wife.
Ordered+ That Messrs. Brown, Smith, and Strawn, be that com-
mittee.
Mr. Baker, of Liberty* notified the senate, that after to day, he
W&nld move for the appointment of a committee to prepare and re-
6&
port. a bill to exempt physicians from military duty on certain con#
diloris.
Mr Jones, from the committee appointed, reported a bill to, author#
Ise a Inferv for the erection of three budges in Newton county.
Which was read the first time.
Mr. Spann had leave to introduce instantera bill to make perma-
neu the site of the public buildings in the county of Early, and to
name the same.
W'hieh was read the first time.
Mr, Choice, from the committee appointed, reported a bill to rent
certain reserves and improvements which may be on a survey found
to he fractions within the late acquired territory.
Which was read the first time.
0 < motion, 'he honorable senator from the countyjjof Putnam, had
leave of absence until Monday next.
On motion of Mr. Coffee,
The senate took up the report of the committee of the whole on
the bill to t>e en'itled an act to add a part of the lately acquired ter-
«riturv t*» the county of Crawford.
Which was read amended and agreed to.
And on the question "shall this bill now pass ?" it was determined
in the nega'ive.
And .he yeas and nays being required, are yeas 26, nays 3L
Tho«e in the affirmative are,
Messrs.
Anderson
Bcoll
B1 .c ketone
Br<adnax
Brown of Camden
Cargilie
Coffee
Foster
Fr-szer
Harman
Harris
Hendrick
Powell of
vv ouismi , t
Mcintosh VV vrtn of Hall
Young
Sellers
T »-r;rii'le
Walker
M hie
Wellborn
Woote?i
Choice
Clavtori of Clark
Clayton of Pulaski
Porter
Scarlet
Those in the negative are,
Messrs.
A'len
Alston
B ker of Liberty
Bn cer of Warren
Bl.ir
Brown of Decatur
Brown of Monroe
B ukman
D r,,iel
Bail
Sou ..man
Horn
Hoxey
Janes
Jo ce
Jones
Knight
Law sort
Love
Matthews
Powell of Rabun
Groves
Powers
Ray
Scarborough
Spann
Smith
Thomas
Tipping
Williams .
Wynn of Gwinnett
Snjfv
m
The message of the house of representatives of yesterday was taken
Up, and the Dill tnereiu contained read the tiasi time.
The following bills were severally read the second time and ©rder~
ed to a third reading.
A bill to repeal an act entitled an act to exempt from road duty,,
on certain conditions, all male slaves on the Island of St. Catherine.
And a bill to make permanent tiie site of Jackson, in the county of
But s, and to incorporate the same.
The following bills were read the second time and ordered for a
committee of the whole.
A bill to incorporate Crawfordviile Academy, and appoint trustees
for the same.
A bill to incorporate the town of Crawfordviile, in Taliaferro
county. i
A bill for the relief of revolutionary soldiers and others, holding
bounty warrants.
A bill to sell dnd dispose of the land lying in the 12th and 13th
districts of VVare, formerly Appling county.
A bill to repeal the 12th section of an act entitled an act to dis-
pose of and distribute the lands lately acquired by the Uuited States,
for the use of Georgia, of the Creek nation of Indians, by a treaty
made and concluded at the Indian Springs, on the 12tft day of Feb-
maty, 1825, passed the 9th day of June, 1825.
An ! a bill to repeal an act to establis election districts m the
county of Dooly, passed the 25th Nov 1824—Also io make perma-
merit the site of the public buildings in said county, and to name the
same.
The following bills of senate were read the third time and passed.
The bill for the relief of Sally Woodson, Matthew and Polly Ann
Higginbotnam, children of Benjamin Higginbothara and Elizabeth
Higginboham.
Tin bii! to add that part of the funds heretofore set apart for the '
supper. of countv academies to the poor school fund, so far as res-
pec s; the county of Rabun. t
The bill to alter the time of holding the superior courts in the mid-
die ' ircuit, so far as respects the county of Montgomery.
The bill to incorporate Franklin Academy, in Upson county, and
to ppoint trustees for the same.
The bill for the relief of Joseph Durrence, of Tatnall county.
The bill to authorise his Excellency the Governor to cause a grant
(0 be issued to James Dudley for fraction No. 34, in the 9ih district
jn Henry county, was passed unanimously.
And the bill to appoint trustees of the poor school fund in Appling
county, and vest in the Appling county academy the same, was read,
amended by unanimous consent, and passed under the title of
A bill 'O anpo nt trustees cf the poor school fund in Applingcoun-
ty, and vest fhe fund of the Appling county academy in san e,
and to repeal the thiru section ot an act, passed 24th of Dec. 1825, -
m
entitled an act to add that part of the proceeds heretofore set apart
for the support of county academies to the free school fund, so far as
respects the counties of Chatham, Irwin, Telfair, and Ware.
The following bills of the house of representatives were read th#
third time and passed:
The bill to change the natna of certain persons therein mentioned
and legitimate the same.
The bill to amend an act entitled an act to incorporate the Bank
of Darien, passed the 15th day of Dec. in the year 1818.
The bill authorising Jonathan Phillips, of Pike county, to establish
a ferry across Flint river.
And the bill to change the time of holding the inferior courts in
the county of Telfair.
The senate resolved itself into a committee of the whole on th.e
bill to render the estates of attorneys at law, liable to pay before any
other debt, all sums ot money placed in their hands for collection,
Mr. Lawson in the chair.
The president resumed the chair, and Mr. Lawson reported th.0
bill with amendment.
The senate took up amended and agreed to the report.
The bill was read the third time.
And on the question "shall this bill pass?" it was decided in tbp
negative.
The senate resolved itself into a committee of the whole on the
bill amendatory of an act, passed the 24th day ot Dec. 1825, entitled
an act passed, the 9th day of June, 1825, to dispose of ami distribute
the lands lately acquired by the United States, for the use of Geor-
gia, of the Creek nation of Indians, by a treaty made and concluded
on the 12th day of Februaiy, 1825, Mr Beall in the chair.
The president resumed the chair, and Mr. Beali reported progress
and had leave to sit again.
The senate resolved itself into a committee of the whole on the bill
to define the tiabili y of indorsees of pro? issory notes and other in-
struments, and place them upon the same footing with securities,
Mr. Brown of Camden, in the chair.
l he president resumed the chair, and Mr. Brown reported the bill
Without amendment.
The report was ordered to lie on the table.
The senate resolved itself into a committee of the whole on the
bill to pardon Hugh G llagher, Vlr. Walker in the chair.
The president resumed the chair, aud Mr. Walker reported the
bill without amendment.
I he report was ordered to lie on the table.
On motion of Mr. Sellers,
Resolved, That the joint committee on public education and free
schools, be instructed to enquire into the propriety of auieaUmg the
5*
68
Acts regulating the poor school funds, so as to make it the duty of the
trustees of the poor school fund to exhibit annually to the inferior
court an account of their actual expenditures, ana the remainder on
hand ; and further, as fo the propriety of allowing to the commission*
ers of the poor school fund, and adequate compensation for their
services.
Mr. Clayton of Clark, agreeably to a notice of Mr. Rurney, moved
for the appointment of a committee Jto prepare and report a bill to
separate and divorce Joseph Duke and Jane Duke his wife.
Ordered, That messrs. Clayton of Clark, Tippins, and Thomas, be
that committee.
The senate adjourned until to-morrow morning 10 o'clock.-
8J1 TURD A F, November 18 th, 1826.
On motion of Mr. Blackstone,
The senate reconsidered so much of the journal of yesterday, a»
relates to the rejection of the bill to add a partoi the lately acquiied
ten Tory to the county of Craw ford.
Ordered, That said bill lay on the table for the present.
On motion of Mr, Baker, of Warren.
The reports of the senators ol the different counties of this State
to the Senatus Academicus, relative to the prosperity and condition
of academical institutions, were referred to the joint committee ott
public education and free schools;
On motion,
The honorable senator from the county of Washington had leave
of absence for a tew days.
On motion of Mr Blair.
The Senate took up and agreed to the report of the committee of
the whole, on the bill to pardon Hugh Gallaher.
The bill was read the third time.
And on the question "shall this bill now pass ?" it was determines
in the at' rmative.
The yeas and nays being required are, yeas 31, nays 23.
Those w ho voted in the affirmative are,
Messrs.
Baker ot Liberty Footman Porter
Blair Foster Powers
Broadnax H end rick Spann
621
Brown of Camden
B own of Decatur
B o' kuun
Choice
Horn
J *nes
Joice
Jones
Scarlett
Sellers
Smith
Ten ni lie
Ciayron of Clarke ' Lavvson
Ciavton of Pulaski Love
Walker
White
Coffee
Daniel
Powell of Rabun
Wellborn
Those in the negative are
Messrs.
Allen
Alston
Anderson
Baker of Warren
Ball
Blaokstone
Br iwn of Monroe
Cargiile
Matthews
Powell of Mcintosh
Frazer
Groves
Barman
Harris
Knight
Dyall
Ray
Scarborough
Tippina
Woo ten
Wynn of Gwinnett
Wynn of Hall
Young
Agreeably to notice, Mr. Baker of Liberty, moved for the appoint-
menr of a committee to prepare and report a bill to exempt physi-
oian^ from military duty; on certain conditions.
Ordered, That Messrs. Baker, Joice, and Knight? be that committee.
VIr. Walker, from the committee appointed, reported a bill to ex*
tend the charter of the Bank of Augusta, and to authorize an in-
create of the capital.
Winch was read the first time.
Mr. Viattbews presented the- petition of a number of citizens
of the 5th district of Houston county, praying to be added to the
county of B.bb.
Which was rea l and referred to a committee, consisting of Messrs.
Mattne ws, Wellborn, and Broadaax.
On motion of Mr. Knight,
The senate dispensed with its rules so far as to appoint a commit-
tee to prepare and report a bill to pardon Thomas Brock of llaber-
sham-county, consisting of Messrs. Knight, Biair, and Henurick.
Vlr. Footman notified the seuafe, that alter to day he vvouid move
for the appointment of a committee to prepare and report a bill, to
compel pei-sons owning settled plantations and negroes in the county
of Bryan, to return and pay taxes for such property* in said county,
Mr. Jones presented the petition of a numberof citizens of New-
ton county, praying to be added to the county of De Kaib
Which was read and referred to a committee consisting of messrs.
Jones, Choice,and Wynn, of Gwinneit.
Mr. Knight, from the committee appointed, reported a bill to par-
don Thomas Brock.
Which was read the first time..
7(r
Mr Knight from the committee to whom was referred the comma-
nication of the Governor, in relation to the survey of the llth dis-
trict of Irwin now Lowndes county, reported,
That they have had the same under consideration, and from the
document inclosed therein, it appears to them that it will be necessary
to re survey and re-number the lots of a part of said district, so that
the errors which si em to have b^en made, may be corrected. It hag
also been made appear to the committee, that the part of the coun-
try in which said district lies, is much sutjjected to inundation, which
precludes the possibdity of making a correct survey of it in many
seasons of the year ; in consequence of which, the district surveyors
received such additional instructions from the surveyor general, as
enabled them to make a report of the survey of their districts in
times of extreme high waters ; and the committee being satisfied that
such might have been the case during the time of the survey ot the
11th district aforesaid, are of opinion that the surveyor of said disv
trict should be indulged, and therefore recommend the following re-
solution:
Resolved, That the surveyor of the llth district of Irwin now
Lowndes county, be and he is hereby allowed and required to make
such re-survey and alterations, as may be necessary to correct any
errors or mistakes which may have been made in the surveying and
numbering the lots in said district, and to make a return of the same
to the surveyor general within sb months ftom and after the 1st day
of January next.
Which was read and ordered to lie on the table.-
Oi morion of Mr. Horn,
Whereas, Munlock McLeod deposited his bond with security is
the Executive office, for the faithful performance of the surveying of
the 1st district of Dooly county—And whereas, the said McLeod has
failed to perform that duty agreeable to the requisition of said bond,
i Resolved, That the Governor be, and he is hereby requested to have
said bond put in suit against the said McLeod and his securities ;
provided the said Murdock doth not pay into the treasury of this
Sta*e, on or before the 1st day of June next, the damage the State
has sustained in examining and re surveying the said first district of
Dooly.
Mr. Baker, of Warren, from the committee appointed, reported a
bill to legalize the solemnization ot the marriage contract entered
into between Buckoer Bass and Miss Ann Dozier, and to legitama*
tize Jane Elizabeth their daughter.
Which was read the first time.
Mr. Clayton, of Clarke, from the committee appointed, reported a
bill to divorce and separate Joseph Duke and Jane his wife.
Which was read the first time.
Mr. Brown, of Camden, from the cemmittee appointed, reported e
bill to divorce Zebu'on Rudolph and El'za Rudolph his wife.
Which was rt ad ihe first time.
Mr. Wellborn bad leave to introduce instanter, a bill to appoint
71
•trustees for the poor school fund for the county of Houston, and
the f.»nd of the Houston academy in the same.
Which was read the first time.
On motion of Mr. H end rick.
Whereas, It is known that ihe treaty made and concluded at thfe
Indian Springs between the United States and the Creek nation of
Indians, on the twelfth day of February, 1825, by which a large per-
tion of land lying within the chartered limits of this State, has. been
acquired for the use of Georgia, has been practically abrogated and
annulled by a treaty subsequ ntly made and concluded at the city of
Washington between the United States and the said Creek nation of
Indians—And whereas, all the laws of this State providing for the
disposition and distribution of the lands aforesaid, were predicated
on toe said treaty of the Indian Springs—And whereas, doubts are
entertained as to the validity of those laws thus predicated—And
wheieas, the unmolested enjoyment and indisputable titles of landed
es ates are subjects of the greatest importance to the people of this
Sta ;e, and well deserves the most serious consideration of their rep-
resentatives.
Be it therefore Resolved by both branches of the Legislature. That
the joint judiciary committee be, and they are hereby instructed to
report to the legislature as early as practicable, whether it is neces-
sary to pass a law adopting the laws heretofore passed, and the pro-
ceedings under them for the disposition and distribution of said
lands or not, and that they have power to report by bill or otherwise.
Mr. Ray, from the committee appointed, reported a bill to make
permanent the site of the public building*, in the county of Thomas,
and to name the same, and to authorise the justices of the Inferior
court to lay oft* said county into militia dist icts, and to establish the
time of holding the Inferior courts for said county.
Which was read the first time.
The bill to incorporate the Catholic church of the purification, at
Locust Grove in Warren county.
Was read the second time and ordered for a third reading.
The following bills were read the second time and ordered for
committee of the whole.
A bill to repeal the 9th section of the 9th division of the penal
cpde of this State.
A bill to incorporate Locust Grove academy in the county of
Warren, and to appoint trustees for the same.
A bill to give further time to purchasers effractions lots or islands,
and to those who may have forfeited their lands at the late sales, to
pay for the same.
\ bill to authorise a lottery for the erection of three bridges in
Newton county.
A bill to make permanent the site of the public buildings in the
county of Early, and to name the same.
A bill to rent certain improvements and reserves which may be on
a survey, found to be tractions within the late acquired territory, and
A bill to authorise certain parsons to plead and practice in the sevev
i*al courts of law and equity in this State, on certain * <>> disuses.
"f L'he bill to repeal an act entitled an act, to exempt from road duty
on certain conditions, all male slaves on the islatni iP St. Catherine.
And the bill to make permanent the site of Jackson in Butts coun»
ty, and to incorporate the same
Were severally read the third time and passed under their re: pec-
tive titles.
The senate resolved itself into committee of the whole, Mr B ook-
man id the chair, on the oiU to authorise cei tain commissioners tnere».
in named, to raise by lottery a fund for ;he erection ot monuments to
the memory ot Gieene and Pulaski in the ci■ y of Savannah.
I'ne President resumed the chair, and Mr. Brockman reported the
bill with an amendment."
The Senate took up and agreed to the report, and the bill was read
the thi'd time and passed.
The senate resolved itself into committee of the whole, on the bill
to incorporate the Brunswick C kiwi Company, Mr Powers in the
chair.
i he president resumed the chair, and Mr. Powers reported the
bill wnh amendments.
Ordered, That the report lie on the table.
The senate resolved itself into committee of the whole, on the
bill to lav off and add a part of the county of Dooly to the county of
Puia»ki, Mr Jones in the chair.
Tin Piesideoc re^un^ d the chair, ai d Mr. Jones repoited the bill
wi:hout amendment.
Ordered Thai the report lie on the table.
The senate adjourned until Monday morning next 10 o'clock..
MONDAY, November 20th, 182b.
r tin motion ©f Mr. Scarlett.
Tee senate took up the report of the committee of the whole, OB
the b;ii to imorpur&tc the Biunswiek Canal Company.
Wh en was read and amended.
And on mot ion of Mr. Daniel to strike out the following proviso at
the end of »>c 14»h section of the report, to wit:
" Provided always, That nothing herein shall be construed to de*
prive cht- < ir.puny ot a prior right or lien in case of any arrears to
the samp, on account of such shares."
Anil on he question fo strike out, the yeas and nays being requir*
ed, are—yeas 28, nays 28.
■73
Those who voted in the affirmative are,
Messrs.
Alston
Anderson
Ba.ver of Liberty
Baiter of Wairen
Beail
Brown of Monroe
Brock man
Burney
Ciavton of Pulaski
■Coffee
Daniel
Kooiman
F osier
Harmau
Horn
Moxey '
Janes
Jones
Love
Those who voted in the negative are,
-Messrs.
Allen
Backstone
Blair
Brown of Camden
Brown of Decatur
Cargille
Choice
Clayton of Clarke
Dvall
Fivzar
Groves
Harris
Iiendrick "
Joice
Knight
Matthews
Powell of Mcintosh
Powell of liabun
Scarborough
PorteE
Powers
Hay
Spann _
Smi.h
Thomas
Tipping
White
Williams
Scarlett
Sellers * '
Strawn
Walker
Wellborn
W oo ten
Wynn of Gwinnett
Wynn of Hail
Young
The yeas anil nays being equal the president voted in the affir-
Ki-iiive.. " '
Tee report being agreed to as amended, the bill was read|the third,
time and passed. t
Agreeably to no-ice, Mr. Footman moved for the appointment of a
committee to prepares!nd report a bill to compel persons owning set-
tied plantations and negroes in the county of Biyari, to return and
pay lax s for such propei ty in said county.
Ordered, That messrs. Footman, Baker,.of Liberty, and Brown,
' of Decatur, be that committee.
Mr. Clayton, of Clarke, presented the memorial of Joseph Stilesj
an inhabitant of the city of Savannah.
vVhich was read and referred to a committee, consisting of messrs.
Clayton, of Claike, Daniel, and Hoxey.
Mr. Williams from the committee appointed, reported a bill to vest
in Jinny Poindexter and her legal representatives, a distributive
of the estate of her deceased father, Hartley.McCrary.
Which was read the first time. .
Mr. Iiendrick notified the senate, that after to day, he would move
for the appointment of a committee to prepare an«f rep< <t a b.li to
change the*name of Levi Satterwhite to that of Leroy Driver, and to
legitainatize the same.
Mr. Jones from the committee appointed, reported a bill to define
74
the lima between the counties of Newton and De Kalb, and to add a
part, of the former 10 <ha latter.
Which was re »d the first time.
Mr* Beall had leave to introduceinsfanter, a bill to define how far
wives shall be entitled to dower in this State, and the time when their
-sight to the same shall accrue.
Which was read the first time.
Mr. Footman, from the committee appointed, reported a bill to com.
pel persons owning settled plantations and negroes in the'county of
Urjan, to pay taxes on said property in said county.
Which was read the first time.
Mr. Hoxey presented the petition of Mrs. Susan Sturges, widow
of D iiiiel Sturges late surveyor general.
Which was read and referred to a committee, consisting of messra,
Hoxey, Burney, and Horn.
The senate took up the report of the committee on the petition pjp
John Screven
Which was read and ordered to lie on the table.
The President laid before senate a communication from William.
Triplett, Esq. comptroller general, inclosing a letter from Thomas F>
"Weils, Esq attorney general
Which was read and referred to the judiciary committee. „
Mr. Coffee laid on the table the following resolution :
Resolved, That the committee on the state of the republic be in-
gt' ucttd inquire info the propriety and practicability of extending
the jurisdiction of the State over the whole of her chartered limits.
O" miitinn of Mr. Powers.
Resolved, Chat the joint military committee, be and they are here-
bv required to lake into consideration the propriety of so amending
the militia bws nf this State, as to authorize the trial and punish-
f officers in a more summary and less expensive manner to the
Brown, of Camden, presented the petitions of a number of
3 of the town of St. Mary's.
( Which were read and referred to a committee, consisting of
jpessrs. Brown, of Camden, Wooten, and Young.
The report of the committee of the whole, on the bill to regulate
jthe intercourse between the banks of this State and other institutions
p d brokers, was
• On motion of Mr. Daniel, recommitted to a committee of the
yphoie.
The bill to appoint trustees for the poor school fund for the county
of Houston, and vest the fund of the Houston county academy in the
same.
The bill to legalize the solemnization of the marriage contract erf-
75
tereti into between Buckner Bass and Ana Dozier, aud to legitanm--
tize Jane Elizabeth their daughter.
And the bill to make permanent the site of the public buildings in
the county of Thpmas, and to name the same, and to authorize the
justices of the Inferior court to lay off said county into miiitia chs-.
tricts, and to establish the time of holding the Inferior courts for said
county-
Were read the second time and ordered for a third reading.
The following bills were read the second time and ordered for a
committee of the whole.
A bill to extend the charter of the Bank of Augusta, and to au-
ihorise an increase of the capital.
A bill to pai don Thomas Brock.
A bill to divorce and separate Joseph Duke and Jane Duke his
wife.
A bill to divorce Zebulon Rudolph and Eliza Rudolph hi* wife.
And a bill to incorporate the Savannah, Ogechcc and Alatamahc
Canal company.
The bill to incorporate the Roman Catholic church of the Purifi-
cation at Locust Grove, in Warren county.
The bill to authorise certain commissioners therein named, to es =
tablish a lottery for the purpose of raising the sum of $2500 for the
purpose of aiding and assisting the funds of the Eatonton academy
in the county of Putnam.
And the bill to continue in force an act to revise and amend the se-
veral land acts of this State
Were read the third time and passed.
The senate resolved itself into a committee of the whole on the
bill amendatory of an act passed the 24th day of December, 1825,
entitled an act, amendatory of an act passed the 9th day of June,
1825, to dispose of and distribute the lands lately acquired by the
United States for the use of Georgia,"of the Creek r ation of Indians,
by a treaty made and concluded on the 12th day of February, 1825.
Mr Daniel in the chair.
The President resumed the chair, and Mr. Daniel reported the
bill with amendments.
The report was ordered to lie on the table.
The senate resolved itself into a committee of the whole on the
bill for the relief of David Akridge of Clarke county, Mr, Harman
in the chair.
The President resumed the chair, and Mr. Harman reported pro*
gress and had leave to sit again.
A message was received from the house of representatives by Mr.
Dawson their clerk, to wit;
Mr.' President,
The House of Representatives have passed the following bills,
to wit:
A bill to repeal the third section of an act, entitled an act to re-
re
Jieal theThird section of an act, enti'led an act to alter and amend
an act/entitled an act, to alter and fix the tune holding the Sope*
rior/tul interior courts in the several judicial circuits in this State,
&ud to add the county of VJUdison to the noi thern, and the county of
Bullock to the eastern, and the county of Columbia to the middle
Ciruit'n, passed I4?h December, 1819, so far as relates to the times of
holding; the Superior courts in the middle circuit, and to provide for
the compensation of pettit jurors attendant on the Superior courts of
K.chmond county.
A. bdl to extend the time for fortunate drawers in the land lottsries
©f 1818, 1819, and 1821, to takeout their grants and reduce the pre*
sent price on lottery grants, and
X bill to authorize the justices of the Inferior court of Gwinnett
county to remit a forfeiture incurred by Samuel Kllison.
They have agreed to a resolution granting indulgence to John Kee-
ner for a debt flue the State.
To a resolution on the subject of the correspondence between the
Governors of Georgia and South Carolina, relative to the navigatioa
of Savannah and Tugalo rivers k
Aiso, to a report and resolution in favor of Samuel Brooks, one of
the sectional surveyors.
And a biii to amend an act, entitled an act, amendatory of an act
parsed the 9ui day of June, 1825, to dispose of and distiibute the
land's lately acquired by the United States for the use of Georgia, of
tin* Creek nation of Indians, by a treaty made and concluded at the
|tniiitn Springs, &e.
To which they desire concurrence;
And he having withdrew,
The senate adjourned until to-morrow morning 10 o'clock.
TUESDAY, November 21, 1826.
Sellers presented the petition of James Houston a minute-man
tbe revolutionary war. - .
Vv inch was read and with its accompanying documents referred to
a committee consisting of Messrs. Sellers, Clayton, of Clark, and
Burwy.
Mr, Matthews had leave to introduce instanter a bill to incorporate
the Washington Acadr-my, in the county of Bibbv
Whicn was read the first time:
n
Mr. Strawn notified the senate, that after to day, he would more
for the appointment of a commiitee to prepare and report a bit? to
alter and change the time of holding the superior courts of this State,
so far as respects the Flint circuit.
Mr. Williams had leave to introduce instanter a bill to amend an
act entitled an act to amend and consolidate the sev^-al acts, for the
better regulation and government of the town of Miiiedgeville, passed
the 19th of Dec. 1818.
Which was read the first time.
Mr. Williams presented the petition of a number of citizens of
Washington county, praying to be added.to the county of Baldwin.
Which was read and referred to a committee consisting of messiS
"Williams, Tennille, and Brail.
The senate took up the resolution authorising the Governor to de-
liver, or cause to be delivered to William Bowen, ail the African ne-
groes now in the custody or control of die 5state, and also to cause to
be paid to the said Wiu. Bowen whatever sum .of money remains un-
-expended of the proceeds of the Africans heretofore sold by the State,
Which was read and ordered to lie on the table.
The senate took up the report ©f the committee of the whole on the
inSI to add a part of the lately acquired territory to the county of
'Crawford—when,
(In motion of Mr. Blackstone, the said bill was recommitted to a
committee of the whole.
The senate then resolved itself into a committee of the whole on
the said bill, Mr. Beall in the chair.
* The president resumed the chair, and Mr. Beall reported the bill
with amendment.
The senate took up and agreed to the report
The bill was read the third time.
And on the question " shall this bill now pass r" it was determined
in the affirmative.
And the yeas and nays being required are—yeas 30, nays 27"-
Those who voted in the affirmative are,
Messrs.
Anderson
Beall
Blackstone
Blair
Broad nax
Brown of Camden
Burney
Cargifle
Clayton of Clark
Dayton of Pulaski
Hendrick
Matthews
Powell of M fntosh
Powell of llabun
Porter
Scarborough
Coffee
Foster
Frazer
Harris
Spann
Scarlett
Sellars
Smith
Strawn
Walker
White
Woolen
Young
Wellborn
78
Those who voted in the negative art;
Messrs.
Allen
Alston
Footman
Groves
Harmon
Love
Powers
Ray
Tnomas
Tippins
Williams
Wimberly
Wynri of Gwinnett
Wynn of Hall
Baker of Warren
Brown of Decatur
Brow.i of Monroe
Brockman
Horn
Hoxey
J axes
Joice
Jones
Choice
Daniel
Dyall
Knight
Mr. Clayton of Clark, laid on the table the following resolution i
Resolv d, That an agent be appointed by joint ballot of both
branches of the General Assembly, wboke business and duty it sh»U
be to proceed to the territory lately acquired from the creek nation
Indians, and take possession of all the reserves and tractions whether
improved or not; and that he be authorised to rent out the >ame to
the best, advantage, either by private contract or public renting, or
both, at the discretion of the agent, the leases to expire on the 25th
Dec, 1827; and when so rented, that he be authorised to put in pos*
session the lesees of said lands by removing all intruders IVom ihe
same, and if by resistence on the part ot said intruder®, the agent
shall be unable to remove them, his Excellency the Governor be au*
thorised, and he is hereby requester', to afford the agent such aid as
will enable him to carry this resolution into effect. And the compen.
Sation of said agent shall be percent, on the total amount he
shall obtain as rent for the said reserves and fractions.
On motion, the honorable senator from the county of Butts had leave
of absence after to-day for a few days.
Mr. Hoxey, from the committee to whom was referred the petition
of Susan Sturgess, widow of Daniel Sturgess, dec. late surveyor gen?
cral—Reported,
That they have had the same under consideration and believe the
same to be just aud reasonable, and that the prayer of your petitioner
ought to be granted. The precedent set by a former Legislature in
compensating the husband of your petitioner for similar services, to»
gether with the justice of the claim of your petitioner, induces your
committee to recommend that there be appropriated by law to the said
Susan Sturgess, the sum of two hundred and twenty five dollars for
seventy five lists of the numbers and quantities of the several frac-
tions situate in eighteen counties; eighteen dollars for six other cer'
tifiod lists as above, and the further sum of two hundred and twenry-
two dollars tor thirty seven genera! plans of the fractional surveys fot
the use of the commissioners—making in the whole, the sum of tour
hundred and sixty five dollars, which shall be in full for the above
Service.
Which was read and ordered to lie on the table,
19
Agreeably to notice, Mr. Hendrick moved for the appointment of
a co cmittee to piepare and report a bill to change the name cf f vi
Sa ,-rwbite to that of Leroy Dsiver, and to legitimatize the same.
Ordered, That messrs. Hendrick, Knight, and Dya'l, be that com-
mittee.
Mr. Clayton, of Clark, from the joint judiciary coimbittee, to whom
was referred the correspondence of his Excellency the Governor,
with the General Government relative to the bonuciary line between
Georgia and Florida—Repotted,
That they have had the same under consideration, and fully ap-
prove of the course proposed and agieed on by the Governor and the
President They accordingly recommend that a commissioner be ap-
pointed by his excellency the Governor to abend on the part of Geor-
gia, on the first Monday in Decembr next, or o attend on any otlief
day which shall be subsequently agreed on by the parties, lor the pur-
pose of defining and marking out said line*
' Which vvas read and agreed to.
Mr. Clayton of Clark, from the same committee, fo whom was re-
ferred the petition of a number of good citizens of this .Male, corf-
cerning obstructions placed m their pass-ways to their respective
tracts of land, also Reported,
That they have had the said petition under consideration, and beg"
leave to report that the eomm'on law in force upon .his subject, to wit:
the right of ingress and egress to real propeity, is more lull and ex-
plicifc than any statutory enactments could be expected to be on this
matter; and should any great difficulties orcur, we aieof opinion
that ample remedy can be obtained by application o the inferior
court of the several counties under the road laws already enacted—
and oft'er the following resolution:
Resolved, That the committee be discharged from the further con'-
side ration of the subject.
W hich was read and ordered to lie on the table.
The senate took up the message of the house of representatives of
yesterday, and the bills ".herein contained were severally read the
first time.
The resolution granting indulgence to John Keener for a debt due
the State.
And the resolution on the subject of the correspondence between
the Governor's of Georgia and South-Carolina relative to the navk
gatmn of Savannah and Tugalo rivers,
Were read and concurred in.
The report and resolution in favor of Samuel Brooks, one of the.
sectional surveyors, was read and ordered to lie on the table for the
present.
Mi. Jones laid on the table the following resolution :
Resolved. That ihecimim i. e on the Sta<e of the Republic be in-
stro e<i (i enquire o t°-the exj e teiwy <« training a compliant to the
house oi repre»ejutauve» of the United States against the President
a 0
for nof removing Gol. John Crowell, the Agent for the Greek nafiofl£
Mving so often been solicited to do so by the Legislature of this
Bute.
The senate took up the report of the committee to whom was re-
ferred *he communieatfoh of the Governor, relative to the survey of
the 11 h district of, Irwin now Lowndes count/.
VY hich was read and agreed to.
On motion of Mr. Walker, ^
Resolved, That the Governor lie requested, and he is hereby au-
thomed, U* have each of the .portraits'in the state-house covered in
such manner as he may think proper, for the purpose of avoiding in,-
jury from dust, flies, etcetera.
The following bills were read.the second time and ordered for a
third reading
The bill to vest in Jinny.. Poind e xtc r, "and her legal representatives.,
a distiiuutjye share of the estate of her deceased father, Bartley
hhCrary.
The bill to define the line between the counties of Newton and De
KTb, and to add a part of the former to the latter. , .
And the bill to compel persons owning settled plantations and ne-
groes in the county of Bryan, to pay.taxes on said property in said
county. ^ i '
The bill io define how far widows shall be entitled to dower in this
Sfrjte, and the now* when their right to the same shall accruefwas
rear! the second rime ahd ordered for a committee of the whole.
rhe biil (o legalise the solemnization of the marriage contract en-
te'eil info be'ween Burkncr I3nss and Anp Dozier, and to legitimatize
J.ine Ef<Z'ibe:l> their daugh'er, . . ' • . ,
\rio che bill to make permanent tie site of the public buildings in:
the county ot Thorn#-, «pd to name the same, and to authorise the
justices of the interior court to lay "off said county into militia dig-
tricts, and to establish the time of holding the inferior courts of said
county, were read the third ime and passed.-
The senate resolved itself into a .committee of the whole on the bill
to pardon Thomas BiO; k, Mr. Coffee in the chair. v .. ..
The president resumed the chair, and Mr. Coflec reported the biU
without amendment;.
t he Si uate took up and agreed to the report.
Ordered, That it do lie on the table.
On motion of Mr. Hendrick, ,
• Resolved** by the Senate and House, ofRtpvesentativesof the, State
of (reorgia in General Assembly met, ffiat the petition ot William
Bowen, and the report of the committee r< whom said petition/; as.
referred, be referred to the joint committer on the State of the Re-
public.
Mr. Khighthad leave to introduce instamer a bill to add a part of
the county of Lowndes to-the county of Thomas.
Which was read the first time.
Mr, Clayton of Clark, had leave to introduce instanter a tail for
the relief of Garland Lane.
Which was read the first time.
On motion of Mr. Daniel,
Whereas, it has been communicated to the Senate, that General
John Mcintosh is no more,
Be it therefore unanimously Resolved, That the Senate entertain-
ing an exalted opinion of his services rendered to Georgia throughout
the revolutionary war, and since in various stations, in ail of which
he acquitted himself with integrity, talents, zeal, and an unw aried
devotion to the cause of his country, and also of his private cliarac-
ter as a good citizen, deeply deplore his death :
Resolved, That the senate do wear crape on the left arm for 30
days, as a mark of respect for the memory of the deceased.
Resolved, That the house of representatives be notified of the gaiftev
Resolved» That the senate do now adjourn—whereupon,
The Senate adjourned until to-morrow morning 10 o'clock.
WEDNESDAY, November 23, 182$
On motion of Mr. Daniel,
The senate reconsidered so much of their journal of yesterday, as
relates to the order for a third reading of the bill to compel persons
owning settled plantation; and negroes in the county of Bryan, to pajr
taxes on said property in said county.
Ordered, That said bill stand for committee of the whole.
Go motion of Mr. Harman,
The senate reconsidered so much of their journal of yesterday, as
•elates to the reference to the joint commit ee on the State of the
Republic, the petition of William Bowen, and the report of the com-
mittee to whom said petition was referred
Mr. Groves, from the committee on enrollment, reported as duly
enrolled and signed bv the speaker of the house of representatives,
the following acts, to wit:
An act to authorise and empower Jonathan Phillips, of Pike coun-
ty, to establish a ferry across Flint river.
An act to change the time of holding the inferior courts in the
county of Telfair.
\n act to change the names of certain persons therein mentioned,
and legitimate the same—and
An act to amend an act enti led an act to incorporate the Bank of
Darie , pass;d the 15 h day of Dec. in the v«*»r 1818.
Whi- h were presented to, and signed by the president of the senate*
Sen. 6
8Z
Ordered, That the committee of enrollment, do carry saicl acts to,,
the Governor for his revision.
On motion of Mr. Scarborough,
The senate took up the report of the committee of the whole on the
bill to lay oil*and add a part of the county of Dooly to the county of
Pulaski. ,
Which was read and agreed to*
And the bill read the third time and passed.
Mr. Powers presented the annual report of the principal keeper of
the Penitentiary,
Which was read and referred to the joint penitentiary committee.
On motion'Of.'"Mr.- Powers,
'Resolved, That the printing committee have printed, two hundred
conies of the report of the principal keeper of the penitentiary, for
the use Of the members.
Mr. Sellers, from the committee to whom was referred the petition
of James Houston—Reported,
That they have had the same under consideration, and have believed
the prayer of the petitioner to be reasonable, and that it ought to be
fnii'd. They therefore respectfully submit the following resolu-
tin:
Resolved, That the sum of four hundred dollars be, and the same
is hereby appropriated, to the use of James Houston, a revolutionary
soldier, and that the same be inserted in the appropriation act.
Which was read and ordered to lie on the table.
Mr, Beall had leave to introduce instanter a bill to separate anc
divorce Cordy D. Stokea and Theny Stokes his wife.
Which was read the first time.
Mr. Hendrick had leave to introduce iftstanter a bill to separate and
divorce Dennet Taylor and Cynthia his wife.
Which was read the first time.
The senate took up the resolution laid on the table by Mr. Jones
on jesterday—Which was amended to read as follows, and agreed tor
Remlved, That the committee oh the State of the Republic be in-
structed to enquire into the expediency of framing a complaint to the
house of representatives of the United States against the President
for not removing Col. John Crowell, the agent for the Creek nation,
he having been so. often solicited to do so by the Legislature of this
State. - '
And be it further resolved. That the same committee be instructed
to enquire into toe expediency of framing a complaint o r e -torse of
representatives the Uni ed states against tin- Piesrder. or ar-
resting and rryir.-g General G-im-s tor the -»epr s-ted insu; o to
the 'tUihonties <>; Gem gin., »1 h ugh the Ptesiuei tauu.iueu h ma l.f
to have been c fie red bj Gen. Gaines.
s»
-SYr. Browo of Camden, presented the petition of Elibfi Atwate^-
the security of Wm. Scott, Jr. late tax collector tor the county e*
Camden.
Which was read and referred «o the commit ee on finance.
Mr. Clayton of Clark, presented a petition from a number of the
inhabitants ot a part of the county of Houston, praying the formation
of a new county from part of Houston and a part of the lately ac-
quired territory.
Which was read and referred to a committee consisting of Messrs,
Clayton of Clark, Wellborn, and Scarborough. ,
* .
Mr. Foster had leave to introduce instanter a bill to legitimatise
and change the name of George A. Wilson to that of George
Miilican
Which was read the first time.
, The following bill3 were read the second time and ordered for a*
third readidg—
The bill to incorporate the Wasiiington Academy, in the county
of Bibb.
The bill to alter and amend ah act entitled an act to amend and
consolidate the several acts for the better regulation and government
of .he town of 'Milledgeviiie, parsed 19th Dt c. 1818;
fhe bill to add a part of die county of Lowndes to the county of
Thomas.
And the bill for the relief of Garland Lane,
The following bills were severally read and ordered for committee
of the whole.
The bill to amend an act entitled an act amendatory of an act pass *
ed the 9th day of June, 1825, to dispose of and distribute the la oft
lately acquired by the United .States, for the use of Georgia, of the
Creek nation of Indians, by a treaty made and concluded at the In-
dian Springs on the 12ch day of February, 1825.
The bill to repeal the third section of an act entitled anacttoaltef
and fix the time of holding the superior and inferior courts in the
several judicial circuits in this State, and to add the'county of Madi-
son to the northern, and the county of Bullock to the eastern, and
the county of Columbia to the middle circuit, passed the 14th Dec.
1819, so far as relates to the times of holding the superior courts of
the middle cirucuit, and to provide for the compensation of petit
jurors attendant on the superior courts of Richmond county.
The bill to authorise the justices of the inferior court of Gwinnett
county, to remit a forfeiture incurred by Samuel Kljison.
fhe bill to extend the time for fortunate drawers in the land lot-
tery of 1818, 1819 and 1821, to take out their grants and to reduce
the present price on lottery grants.
The following bills were read the third time and passed:
The bill to appoint trustees for the poor school fund for the coiia-*
4y of Houston, and vest the fund of the Houston Academy in the
same;' ;
•6*
84
The bill to vest in Jinny Poindexter, and her legal representatives^
a distributive share of the estate of her deceased father, iia tiey
McCrary.
\nd the bill to define the line between-the counties of Newton and
De Kalb, and to add a part of the former to the latter*
The senate resolved itself into a committee of the whole, on the
bill for the relief of revolutionary soldiers and others, holding bounty
warrants, Mr. Walker in the chair.
The president resumed the chair, and Mr. Walker reported "pro-
gress and had leave to sit again.
The senate resolved itself into a committee of the whole on the
bill to alter the 1st section of the 4th article of she constitution, so
as no*: to make the payment of taxes previous to the general election,
a qualification necessary to entitle a citizen to vote for merobets of
the General Assembly, Mr. Blair in the chair.
The president resumed the chair, and Mr Blair reported the bill
without amendment.
T >e senate took up and agreed to the report.
The bdl was read the third time.
And on the question " shall this bill now pass it was determined
in the affirmative.
The yeas and nays being required are—yeas 43, nays 13,
Those who voted
Messrs.
Allen
Alston
Anderson
Blackstone
Blair
Brown of Camden
Brown of Decatur
Bfwn of Monroe
Brockman
Burney
Choice
Clayton of Clark
Clayton of Pulaski
Coffee
Dyall
in the affirmative are,
Foster
Frazer
Groves
Hax an
Harris
Hendrick,
Hoxey
Janes
Joice
Love
Matthews
Powell of Rabun
Porter *
Scarborough
Spann
Scarlett
Sellers
Smith
Strawn
Tippins
Walker
White
Wellborn
Williams
Wimberly
Wynn of Gwinneft
Wyj n of Hall x
Young
Those who voted in the negative are.,.
Messrs.
Baker, of Warren
Beall
B;owti of Hancock
Daniel
Footman
Horn PowefS
Jones Ray
Kr <gbt Stokes
Powell of Mcintosh Wooten
85
The senate resolved itself into a committee of the whole, on lite
bill «o regulate the intercourse between the oanks of this State, an&
other institutions and brokers, Mr. Powell of Mcintosh in the chair.
The president resumed the chair, and Mr. Powell reported the bill
with amendment.
The senate took up and agreed to the report
The bill was read the third time.
And on the question "shall this bill now pass?" it was determined
in the affirmative.
And the yeas and nays being required are--yeas 28, nays 26t
Those in the affirmative are,
Scarborough
Scarlet
Smith
Stokes
Tippins
Waiker
Williams
Wimberly
Messrs. -
Allen
Frazer
B ikei of Warren
Horn
B^own of Decatur
lloxey
Brown of Hancock
Janes
Brown of Monroe
Jones
Brock man
Love
Coffee
Matthews
Daniel
Porter
Footman
Powers
Foster
Ray
Those in the negative are,
Messrs.
Alston
Anderson
Beall
Blackstone
Blair
Brown of Camden
Burney
Choice
Clayton of Clark
Clayton of Pulaski
Dyall
Groves
Harman
Harris
Hendrick
Joice
Knight
Powell of Mcintosh
Powell of Rabun
Spann
Sellers
Strawn
Wooten
Wynn of Gwinnett
Wynn of Hall
Young
The following message was teceived from the house of represent^
tives, by Mr. Dawson, their clerk, to wit:
Mr. President:
The house of representatives have passed the following bills^
to wit:
A bill for the relief of James Cartledge, tax-collector of Columbia
county, and administrator of Ayres Cartledge, deceased.
A bill for the relief of the heirs of William Bacon.
A bill to legitimate and change the name of Alexander Medds to
that of A exander Herrington.
\ bill to establish and regulate an additional election district in the
county of Liberty.
"8ti
A bill to alter am! amend an act for appointing commissioners for i
ascertaining the boundaries of the towns and commons of Brunswick-
and Fredrica, passed 2M February, 1796. *
A bill to incorporate the Jefferson Academy, in the county of New-
{on.
A bill to incorporate the Flat Shoal Academy, in the county of
Jones.
A bill to alter and amend an act, passed 24th Dec. 1825, to organ-
ise the counties of Thomas and Lowndes,(ar as respects the hold-
ing courts and,elections, at Sion Hall's
\ bill 'o explain and amend an act, passed on the 24th day of Dec.
1825, entitled an act to lay out a new county, to be composed of pa»t&
of foe counties of ^ iikes, Wan en, Hancock, Greene and Oglethorpe*,
end to provide for the organization thereof.
\ bill to auiporise the justices of the inferior court of Franklin
county, to levy an extra tax to build a court house.
A bill, further to define the duty of executors, in the probate of
wills
A bill to separate and divorce Anna Moon and James Moon her
husband.
A bill to separate and " divorce Patsey Crocket aud Eiias Crocket
her husband, &e.
A bill to incorporate the Towaliga Academy, in Monroe county.
And a bill to alter the time of holding the superior court in the
county of Columbia, and the winter session of the inferior court, &c.
They have agreed to a tesolution, on the petition of Catherine
Procter Limbert, heir and representative, ot Col. John White, a revo-
lutionaiy officer ;
To a resolution in favor of Dr. Lovic Pie> ce, in relation to ceitain
lands which formerly belonged to the University of this State, lying
in Greene county:
And that as a mark of respect and gratitude for the services, the
patriotism, and virtues, ol the late Gen. John Mcintosh, arid of re-
gret for his death, the House of Representatives nave unanimously,
agreed to wear crape on the left arm for thirty days.
To all which they desire concurrence. And he withdrew.
The Senate too1* up the message, and the bills therein contaioed
Were severally re id the fist time.
The resolution of the house in favor of Dr. Lovic Pierce, in rela-
tiori to certain lands which formerly-belonged, to the University-of.
this State, and lying in Greece couuty,
Was read arid concurred in • "
And the report and resolution, on the petition of Catherine Procter
Limbert., the heir and represe* tative of Cel. John White, a revolu-*
tionary officer,
W as read and ordered to lie on the table.
Mr. Rnigbt ha i leave to introduce instanfer a hill to appoint trus=~
tee*' or ihe poor school fund io the county of Lownt'es, £«id vest |$i»
funds of the Lowndes c-outi • Aca ittny in the same.
Vv uiv'a was tOid the first im
87
Mr Foster notified the senate, that after to day, he would move for-
the appointment of a committee to prepare and report a bill to author-
■is« the courts of ordinary of this State to grant writs of distribution
on real estates, and to prevent suits brought by or against executors,
administrators, and guardians, from abating upon the death or remo-
val of either, and for other purposes.
Mr. Wynn of Mall, notified the senate, that after to day he would
move for the appointment of a committee to prepare and report a bill
to repeal an act, passed in 1824, making it the duty ot collectors of
taxes to return a list of persons names who lunve failed to pay their
tax, to superintenders of the elections for members to, the General
Assembly of this State.
The Senfito adjourned until to morrow morning 10 o'clock?
1HURSDAY, November 2Srf, 1826,
Mr. Brown, of Camden, feom the committee appointed, reported a
bill to incorporate the Independent Presbyterian church in the city of
St. Mary's.
Which was read the first time.
Mr. Uendrick from the committee appointed, reported a bill to
change the name of Levi Satterwhite to that of Lertiy Driver, and to
legitatnatize the same.
Which was read the first time,
Mr. Wynn, of Gwinnett, notified the senate, that after to day, ha
Would move for the appointment of a committee to prepare and re-
port a bill, to make penal the law to operate after a given time, on all
persons whatever that shall be found residing upon the land * char-
fered to Georgia, yet within the Cherokee nation of Indians, and
such officers of the general government as are necessary to carry in-
to effect their acknowledged power, to regulate commerce with the.
Indians excepted, and to confiscate all the property of such violators
of this law ; and also to confiscate all, negro property that may be
found to reside on said lands by the consent ot the owner of such
negro.
Mr. A-Uen from the joint committee on agriculture and u ternal
improvement, to whom was referred the report ©f ibe Board ■Pub
M Worf^ seported* f *'
88
That jt contains mbch useful and valuable matter upon the subject
of internal improvement, and the manner in which a system can be
most usefully and judiciously adopted correspondent to the resources,
commerce, and population of Georgia. The disrepute into which
that body has, in some measure fallen, is attributable t6 the objects
dictated to them by the last general assembly, and which they were
constrained to pursue contrary to their better judgments. It can be
deemed no disrespect or injustice to any legislative body, to believe
that six or eight intelligent and enlightened men, are better Qualified
to frame and execute a system of internal improvement, than a lar-
ger number of persons drawn together for various, multiplied, and
conflicting objects of public utility j and it can be safely foretold,
that if Georgia ever does execute a system of internal improvement
subservient to her great interests, it must be under the direction of
g ch a body as the Board of Public Works. It is not thought that
the board should hold a control over the resources of the State, or*-
be enabled to adopt any one measure independent of the intention of
the le gislature. Let it be competent for the former to suggest, the
latter will adopt or reject as its judgment may dictate ; and upon the
adoption of a system by the legislature, that its execution devolve
upon the Board of Public Works. By the present law, the members
of the Board are allowed the same pay with members of the legisia-
ture—They have expended, including the salary of a Chief and two
Assistant Engineers, the purchase of instruments, &c. 810,144 72$
ceuts. The annual expenditure for future years will, as is shewn in
their report, fall considerably below that amount.
The Board of Public Works suggest the expediency, at least for
the present, of engaging in the execution of so extended and so cost-
ly a scheme of internal improvement, as that pointed out in a law
passed the 24 th day of December, 1825. Your committee, coinci-
ding in that opinion; accompany this report with a bill for the repeal
of that law.
It is reeommsnded by the same body, that the attention of the le-
gislature should first be directed to the improvement o f the rive re
which drain the greater part of our territory:—In this opinion your
committee fully concur, and with this report lay before the house of
representatives a bfll appropriating S80,000 to be placed under the
control of the Board of Public Works for improving the navigation
of the Savannah, Alatamaha, Qconee, Ocmulgee, and Chattahoochic
rivers. When these objects are executed, it will be in time for a fu-
ture legislature to determine upon the propriety of such other ,
schemes of internal improvement as the resources, population, and
commerce of this State may require.
Your committee connot conclude without expressing its approba-
tion of the conduct of the Board of Public Works, and the able re-
f»ort of Mr. Fulton, the Chief Engineer—And your committee beg
save to report a bill to repeal an act passed the 24th day of Decern-
b* r 1825, entitled an act to lay out a central Canal or Railway
through the S;ate
Y^fiich was read die first time,
&&
Mr. Powers presented the annual report of the inspectors of thev
Penitentiary, and
On motion,.
It was resolved, that two hundred copies of. the same be printed
for the use of the members.
On motion of Mr. Powell, of Mcintosh.
Resolved, That the judiciary committee enquire into the expedi-
ency of providing; for the appointment of the judges of the Superior
courts of this State, without requiring residence in the respective
•circuits, and to compel them to alternate, and that they liave leave to
report by bill or otherwise.
On motion of Mr. Groves.
Resolved, That the general assembly do most cheerfully acquiesce
in the sentiment suggested by his excellency the Governor, as ex-
pressed in his message, that it is the tiuty of nations and communi-
ties, as well as individuals, to render front time to time that homage
and adoration so justly due to that Being who is the donor of all
good—They believe and acknowledge it to be a duty of constant and
unremitting obligation imposed on them by Almighty God, always
to be deeply impressed with a due sense of their dependance
and reliance on Kim who is the disposer of all events, either social
or individual, and to be prepared at all times to render that submis-
sion and service so justly required at our hands to the dispensation of
of the Ruler of the universe, which it may please Him, the disposer
of events, to blend in the lot of either men or nations, while in the
present year there has been many undeserved favors received and be-
stowed by the hands of Providence, to claim our fervent and umited
thanks ; and there has been also seen in our land, his hand of tffflic-
tion sent no doubt for our chastisement, and to shew us our depend-
ence on Him an Independent God.
To testify, therefore in a christian-like manner, in every way suit-
ed to the professions and practices of christian people, and to shew
how grateful we are and ought to be for the protection of "Heaven*
while we. are not less humbled by the afflictions sent upon us during
the present year for correction for our disobedience, we do sincerely
recommend to his excellency the Governor to set apart a day of
general thanksgiving and prayer as suggested in his communication,
gnd to adopt such measures as he may think proper, to carry this res-
olution into effect.
Mr. Burney, from the committee appointed, reported a taill to amend
the judiciary act of 1799, so far as relates to mortgage r on real es«
tates.
Which was read the first time.
On motion of Mr. Knight.
The senate took up the report of the committee the whole, on
the bill to pardon Thomas Brock.
Which was read and agreed to.
And on the question "Shall.thb bill mow pass it was determined
in the negative^
m
The senate took up the report of the committee on the petition eV
,James Houston a reveiuuonary soldier.
Which was read.
And on the question to agree thereto, it was determined in the a!V
Urinative.
The yeas and nays being required, are yeas 34, nays 25.
Those who voted in the affirmative arej
Messrs,
Allen
JFrazer
Scarlett
Alston
Foster
Sellers
Beait
Harman
Smith
Blackstone
Harris
Strawn
Broad nax
Hoxey
Tennille
Brown of Camden
Jones
Thomas
Barney
Choice
Lawsoa
Walker '
Love
White
Clavton of Clarke
Matthews
Wellborn
Coffee
Porterr
Williams
Daniel
Scarborough
Wynn of
Footman
Those in the negative ar£j
Messrs.
Anderson
Baker of Warren
Biair
Brown of Decatur
Brockman
Clayton of Pulaski
Dyall
Groves
Hcndrick
Horn
Janes
Joice
Knight
Powell of Mcintosh
Powell of Rabun
Powers
Ray
Spann
Stokes
Tippins
Witt
Wiuiberly
Wooten
Wynn of Hall
Young
The following bills from the house of representatives, were seve»
rally read the second time and ordered for a third reading.
A bill to separate and divorce Anna Moon and James Moon her
husband.
A bill to incorporate the Towaliga academy in Monroe county.
A bill to incorporate the Flat Hhoal academy in the county of
JoDes.
A bill to aiter and amend an dct passed 24th December, 1825, to
organize the counties of Thomas and Lowndes, so fat as respects the
holding of the courts and elections at Sion Hall's.
A bill to explain and amend an act, passed on the 24th day of De>
cernber, 1825, entitled an act to lay out a new county to be composed
of parts of the counties of Wilkes, Warren, Hancock, Greene and
Oglethorpe, and to provide for the organization thereof.
A bill to incorporate the Jefferson academy in Newton county.
A bill to authorise the justices of the Inferior court of Franklin
countv to levy an extra tax to build a court, house.
A bill for the relief of the heirs of William Bacons
A bill to Intimate aod change'the mameof Alexander Meads, W.<
"that of Alexander Uerrington. and
A bill for the relief of James GarUedge, tax collector of Columbia
county, and administrator of Ay res Cart.edgK,. deceased.
The following bills were severally read the second time, and or*
dered for committee of the whole.
A bill to separate and divorce Cordy D. Stokes and Tkeny Stokes
his wife.
A bill to separate and divorce 11 en net Taylor and Cynthia. Tayloe-
his wife.
A bill to appoint trustees for the poor school fund for the county,
of Lowndes, and vest the lands cf the Lowndes county academy m
die same.
A bill to legitamatize and change the name of George A. Wilson,
to that of George A. Miilican.
A bill to alter and amend an act for appointing commissioners for-
-ascertaining the boundaries'of the towns and commons'of Bruns->
wick and Frederica, passed February 21, 179&.
( A bill to alter the time of holding the Superior court in the coun-
ty of Columbia, and the winter session of the inferior court, and for
other purposes.
A bi l further to define the duties of executors in the probate of
wills, and
A bill to separate and divorce Patsey Crocket and Elias Crocket
her husband.
The follow ing bills were severally read the third time and passed^
under rhesr repeciive titles, to wit :
A bill to incurpo ate the Washington Academy in the county of
Bibb.
/ A bill to alter and amend an act, entitled an act, to amend and
consolidate the several acts for the better government and regulation
of the town of M.ileilgeville, passed 19 h Bet.ember, 1818.
xAbill to add a part of the county oi Lowudes to the eounty of
Thomas.
And a bill for the relief of Gailand Lane.
The senate resolved ifwAf into a committee of the whole on the
bill to add a part of the lately a quired terruovy from the Creek na-
lion of Indians to the county ol Baker, Mr. Coffee in the chaw.
The president resumed the chair, and Mr. Coffee reported the bill,
without amendment.
Tne Senate took up and agreed to the report.
The bill was read the third time.
And on the question ''Shall this biil now pass?" it was deter mint-:
,cd in the affirmative.
And the yeas and nays being required are—yeas 33, nays 23.
Those in the ailirmatiye ace,
Messrs.
Anderson *
Bead
Daniel
F v- or
Ijyuzer
Spano
Scar let
iSeiivra
Biackstpne
Smith
Str&wn
Tennille
Walker
White
Wellborn
Wooten
Young
Blair
Broadoax
Brown of Camden
Brown of Decatur
Borney
Clayton of Clark
Clayton of Pfc'aski
Coffee
Hendrick
Ma|/ne*vs
Powell of Mcintosh
Powell of Rabun
Porter
Powers
Ray
Scarborough
Tho?i» in the negative are,
Messrs.
.Hen Harris
piston Horn
Bsker ofWarreii Hoxev
Bookman Janes
Choice 'Jones
Dyall Knight
Footman Love
Gro*es Stokes
Messrs.
Allen
Baker of Warren
Beall
Rroadnax
B""«n of Camden
Burney
Choice
Clayton of Clark
Coffee
P >1
Footman
Hendrick
Horn
Hoxey
Janes
Jones
Love
M:;t'hews
Powell of Mcintosh
Powe 11 of Rabun
Powers
Thomas
Ttppins
Witt
Williams
Wimberly
Wynn of Gwinnett
Wynn of Hali
The senate resolved itself into a committee of the whole, on the
bill «.o require sheriffs to take bonds for the delivery of personal pro-
perty on the day of sale, Mr. Baker, of Warren in the chair.
The President resumed the chair, and Mr. Baker reported that they
hydfti agreed to the bill.
The senate took up and agreed to the report.
The senate resolved itself into a committee of the whole oh the
bill to separate and divorce Riley Finley and Mary Fiuley his wife,
JMr» Jones in the chair.
The president resumed the chair, and Mr. Jones reported the bill*
without amendment.
The senate took up and agreed to the report.
The hill was read the third time.
And on the question "shall this bill now pass ?" it was determined
In the affirmative.
The yeas and nays being required, are—yeas 41, nays IS*.
Those in the affirmative are,
Smith
Stra wn
Tennille
Thomas
Tippins
Walker
White
Witt
Wellborn
Williams
Wimbeoly
Frazer
Groves
Harman
Scarborough
Spann
Scarlett
Those in the negative are,
MeSsrs.'
Alston
Anderson
Blackstone
Brown of Decatur
Brockman
Clapton of Pulaski
Daniel
Foster
Harris
-WoOtqp-/
Young
Joke
Knight
Wynn of Gwinnett'
Wynn of Halt
The senate resolved itself into a committee of the whole on the bill
to amend the several laws heretofore pas*ed, to regulate the grant-
ing attachments and issuing summons of garnishment, Mr. Allen tn
the chair.
The President resumed the chair, and Mr. Allen reported that
dhey had disagreed to the bill.
Ordered, That the report do lie on the table.
On motion, The honorable senators from the counties of Montgotfc*
ery and Laurens had leave of absence for a few days.
Agreeably to notice, Mr. Strawn moved for the appointment of a
committee to prepare and report a bill to alter and charge the times
of holding the Superior courts of this State, so far as respects the
Flint circuit
Ordered, That messrs. Strawn, Matthews, Brown, of Monroe,
Choice, and Jones, be that committee,
On motion of Mr, Powers.
Resolved, That a committee be appointed to enquire into the pro*
priety of authorizing and requiring general index books to be made
out for the offices of secretary of state and suryeyor general, and
that they have leave to repbrt by bill or otherwise.
Ordered, That messrs. Powers, Burney, and Beall, be that com-
mittee.
Mr. Wellborn had leave to introduce instanter, a bill to add the
county of Upson to the third brigade of the sixth division of the
Georgia militia.
Which was read the first time,
Mr. Clayton, of Clarke, had leave to introduce instanter, a bill to
create the office, prescribe the duties, and fix the compensation of
public printer.
Which was read the first time.
Mr. White from the committee appointed, reported a bill to lay off,
define and keep open the main channel ot Flint river, as to pre-
Vent the obstruction of the free passage of fish, and to appoint com-
missi oners for^he same.
Which was read the first time.
m
; Mr. fnffre presented the petitions of Nathan Grantham and' Wit/
liam Eg^n, revolutionary soldiers
Which were read and referred to the committee on petitions,
Mr. ^paun from the committee appointed, reported a bill to amend
the 14' h section of an act passed the 9th of June 1825, to dispose of tfc'
'distribute the land, lately acquired by the U, States, for the use of
Georgia, of the Creek iatU*n of Indians, at a treaty made and cop.
feluded at the Indian Springs, on the 12th day of February, 1825«
Which was read the first time.
On motion, ,
The honorable senator from the county of Telfair, was added to5
(he committee on petition^
^ / • -
Agreeably to notice, Mr. Wynn of Hail, moved for the appoint--'
inert of a commitee to prepare and report a bill to repeal an act pass-
«d in 1824, making it the duty of collectors of taxes, to return a list&
of persons names who have failed to pay their tax, to supe-intenderg*
of the elections for members to the general assembly of this state
Ordered, That Messrs. Vv'ynn, of Hall, Clayton, of Clarke,
Coffee,be thgt committee.
The Senate adjourned until to-morrow morning 10 o'clock.
FRIDJlf", November 2-4ih, 1836.,
On motion,
The honorable senator from the county of Bibb had leave of absence
after to day, for a few days.
The senate took up the report of the committee on the petition of'
John Screven, Esq. praying the redemption of certain bills of credit.
H'hich was read—and by unanimous consent ordered to lie on the
table.
Agreeably to notice, Mr. Wynn of Gwinnett, moved for the ap-.
poin.tment of a committee to prepare and report a bill to mak'p penal
the law, to operate after a given time on all persons whatever, that
shall be found residing upon the lands chartered to Georgia, yet with*
in the Cherokee nation of Indians. Indians, and such officers ot the
General Government as are necessary to carry into effect their c-
kpowledged power, to regulate commerce with the India* s exceptedj,
and to confiscate all fhe property of such violators of this law.
And also, to confiscate all negro proper ty that may be found to re*-
side on said lands, by the consent of the owner of such negro.
Ordered That messrs. Wynn, of Gwinnett, Clayton, of Clarke-
Burpey, Daniel, and Coffee, be that committee.
85
the senate took* up the resolution in favor of William Bowen**
~%yhich was amended to read as follows, and agreed to j '
Whereas, the Legislature at their last session did pass a joint re-
solution, authorising the Governor to deliver to William Bowery the
Africans now in custody of the State, and also the balance of money
as proceeds of Africans heretofore sold, and it appearing that one of
the conditions on which such delivery was founded, is impossible to
be complied with—for remedy whereof,
Be it resolved by the Senate and Home of Representatives of the
State of Georgia in General Assembly met, That immediately after
the passing of this resolution, it may, and shall be the duty of his ex-
cellency the Governor, to deliver, or cause to be delivered to William
Bowen, all the African negroes now in the custody or control of the
State, and also to pay, or cause to be paid to the said W*m. Bowen,
whatever stim of money remains unexpended of the proceeds of Afri-
cans heretofore sold by said State, on th? condition that the said Wra.
Bowen do execute to the Governor a full release of all claims on the
State for her interference or detention of said slaves-and proceeds?
Provided, nevertheless, that the said William Bowen pay to Henry
Darnell, in satisfaction for services rendered in taking care of said
Africans, the sum of two hundred and fifty dollars, or execute to him
a sufficient conveyance for a negro woman and two children, a por-
lion of said Africans now in possessiontof said Darnell.
Mr. Clayton of Clark* from the committee appointed, reported a
bill to form a new county out of parts of Houston county and the
second section of the newly acquired territory, and to organise the
same.
Which was read the first time.
The following bills, were read the second time and ordered for a
third reading:
The bill to change the name of Levi Satterwhite to that of Leroy
Driver, and to legitimatise the same.
The bill to add the county of Upson to the third brigade of the
sixth division of Georgia Militia.
And the bill to incorporate the Independent Presbyterian Churchy
in the city of St. Marys.
The folio whig bills were severally read the second time, and or-
tiered tor committee qf the whole, fo-wit: ,
A bill to repeal an act, passed 24sh Dec, 1825, entitled an act to
lay out a central canal or railway, through this State.
A bill to amend the judiciary act of 1799, so far as relates to
mortgages on real estates.
A bill to create the ofiice, prescribe the duties, and fix the compen-
sation of public printer.
A bill to amend the 14th section of an act, passed ths 9'1 h day of
June, 1825 to dispose or *?;<« dtst ifcufe the lands acquired by the ITni-
?ed States tor the use of Georgia, of the Creek nation of Indians, by
a treaty made and concluded at the Indian Springs on the 12th da?"
of February, 1825.
cfe
A bill to lay off, define and keep open the main channel of FHut
river, so far a# to prevent the obstruction of the tree passage ot fish,
and .o appoint commissioners for the same.
And a bill to establish and regulate an additional election district
in the county of Liberty.
The following bills of the hou9e of representatives, were read the
third time and passed :
The bill to incorporate the Flat Shoal Academy, in the county of
Jones.
The bill to incorporate the Towaliga Academy, in Monroe county.
The bill to authorise the justices of the inferior court of Franklin
county, to levy an extra tax to build a court house
The bill for the relief of the heirs of William Bacon,
The bill to legitimate and change the name of Alexander Meads to
that of Alexander Herrington.
The bill for the relief of James Cartledge, tax-collector of Colum-
bia county, and administrator of Ay res Car ledge, deceased.
The bill to alter and amend an act, passed 24th Dec, 1825, to or-
-gani'se the counties of Thomas and Lowndes, so far as respects the
Holding courts and elections at Sion Hall's.
The bill to explain and amend an act, passed on the 24th day of
Dec. 1825, entitled an act to lay out a new county to be composed of
parts of the counties of M ilkes, Warren, Hancock, Greene, and
Oglethorpe, and to provide for the organization thereof.
The bill to incorporate the Jefferson Academy, in Newton county,
The senate resolved itself into committee of the ^vhole on the biU
to extend the charter of the bank of Augusta, and to authorise an in-
crease of the capital Mr Anderson in the chair.
The president resumed the chair, and Mr. Anderson reported the
bill with amendment.
The senate took up and agreed to the report.
-The bill was read the third time and passed.
\ .
The senate resolved itself into a committee of the whole on the biU
fior the relief of John C. Gallman, a revolutionary soldier, Mr. Bcall
jh (he chair.
The president resumed the chair, and Mr. Beall reported the bill
without amendment.
Ordered, That the report do lie on the table until called up.
The senate resolved itself into a committee of the whole on the bill
Co alter the 7th section of the 1st article of the constitution, so as to
reduce the number of members of the house of representatives, Mr.
Burney in the chair.
The president resumed the chair, and Mr. Burney reported the bill
with nmendment.
Ordered, That *he report lie on the table.
x The bill to separate and divorce Anna Moon and James Moon her
husband—was read she tnird sitne*
And on *he question "shall this bill nbvr passP* it Was determined
in the affirmative. .
A i«l the yeas and nays beirij requ'fed are—yei> 40,nays 15.
Those who voted in the affir native ^re,
Smith
S rawit
Tenniile
Thomas
Tippins
Waiter
White
Witt
W" II bom
W Hums
Wsiriberiy
W 'to; en
Young
Joice
K -i^ht -
Seiie'S ,
W ynti of Gwinnett
Wynn of Hail
A message was received from the house of representatives, by Mr.
Dawson, tueir elerk, informing the senate tnat the nou&e of represent
Natives had passed a bill to pardon Levi White—and
A b'ii to pardon Hugh Gallagher.
And he withdrew.
Mr. Groves, from the committee on enrollment, reported as duly
enrolled and signed by the speaker of the house of representatives.
An act to pardon Levi White.
- And an act to pardon Hugh Gallagher.
Which were presented to and signed by the president of the senate.
Ordered? That the committee on enrollment do carry said acts to
his excellency the Governor for his assent.
Mr. Matthews had leave to introduce inStanter a bill to authorise
and direct a further sale of lots in the town of Macon, and to enlarge
the commons of the same.
Which was read the first time.
Mr. Williams, from the committee appointed, reported a hill to add
a part of the county of Washington to the county of Baldwin*
Which was read the first time.
Allen
Baser of Warren
B-atl
Be taduax
B'~ »*« of Camden
Blown of Hancock
Br »wn of Monroe
Biroey
Choice
•C'avton of Clark
Co five
D / all
Footman
FraZor
Harrhan
Hendriok
Hoxey
Janes
Lawson
Love
Matthews
Powell of Rabun
Purer
Po vers
Ray
Scarborough
Scarlet
Those in thb negative are
Messrs.
Anderson
Biaskstone
Blur
B '»vn of Decatur
^rockmaii
Ciayton of Pulaski
Daniel
Foster
Groves
HarnS
7
.
(>« motion, the honorable senator from the county of Bryan hat:
l&ave of absence for a few days.
On motion/of Mr Coffee,
Resolved,/That the judiciary committee be instructed to enquiry
into the propriety of so amending the law as not to require pa> ties'
defendants, to pay costs on indictments where nolle prosequVs are
entered, contrary to the consent of such defendants and who de-
mands their trials.
Mr. Strawn, from the committee appointed, reported a bill to alter
the time of holding the superior courts of the Flirt eircuiit, so far as
respec ts the counties of Bibb, Monroe, Pike, and Fayeite.
Which was read the first time.
Agreeably to notice, Mr Foster moved for the appointment of a
committee to prepare and report a bill to authorise the courts of or-,
idinary of this fetate to grant writs of distribution on real estates, andU
to prevent suits brought by or against, executors, administrators, and*
guardians, from abating upon the death or removal of either, and for
other purposes.
Ordered, That Messrs. Foster, Clayton of Clark, and Burney, be
that committee*
f Agreeably to notice, Mr. Hoxey moved for the appointment of a
committee to prepare and report a bill to authorise Zachariah II Gor-
don to establish a ferry across Flint liver, at the mouth of Big Pota-
toe creek, in Upson county.
Ordered, That Messrs. Hoxey, White, and Wynri of Kail, be that
committee.-
Mr. Hoxey, from the committee appointed, reported a bill to ait-
thorise Zachari ;h H Gordon to establish a ferry across Flint river,
at the mouth of Big Potatoe creek, in Upson county.
Which was read the first time.
Mr. Scarborough, from the committee appointed, reported a bill to
estabii h a ferry across Flint river, on fraction No. 178, i» the first
district in the county of Dooly, and to vest the right of said ferry itt
Win. Lamkin and his heirs.
Which was read the first time.
Mr. Matthews laid on the table the following resolution:
Whereas, by an act of the General Assembly of this State, passefl
on the 24th day of Dec. 1825, entitled an act to incorporate the bank
of Macon, it is provided that fifty thousand dollars of the capital rtoek
of said bunk shall be reserved until the first day of January, 1827,
en the original terms, to be then or at any other prior time to be taken
by the State, at the pleasure of the Legislature:
Be it resolved by the Senate and House of Representatives of the
State of Georgia, That the Governor be, and he is hereby authorised
and instructed to subscribe for said shares so reserved for the use of
the State, agreeably to the provisions of the before mentioned act.
Mr, Wyttn of Hall, from the committee appointed, reported a bUJ
i repeal an act, further defining the duty of collectors of taxes, pass*
1 the 9th day of Dec. 1824, .
Which was read the first time.
Mr. Clayton of Clark, presented the petition of David Thurmond*
i hich was read, and with its accompanying documents referred to
e committee on petitions. ,
On motion, the honorable senator from Clark was abided to the
mmittee On petitions.
Mr. Jones presented the petition of Henry McCall—Which was
ead and referred to a committee consisting of Messrs. Jones, K. iaiit*
mi Lawson. &
The senate resolyed itself into committee of the whole on the bill
o alter and amend the second section ot the fourth article of the
onsfitution, Mr. Blair in the chair.
The President resumed the chair, and Mr. Blair reported the biR
iviihout amendment.
The senate took np and agreed to the report.
The bill was read the third time.
And on the question "shall this bill now pass ?'* it was determined?
in the affirmative.
The yeas and nays being required are—yeas 50, nays 6.
Those who voted
Messrs.
Anderson
Baker of Warren
Bhckstone
B.iir ,
Broadnax
Biown of Camden*
Brown of Decatur
Brown of Monroe,
Brockmah
Burney
Cnoice
Clayton of Clark
Clayton 6f Pulaski
Coffee
Daniel
Dyall
in the affirmative are,
Footman
Foster
Ftazer
Groves
Hannon
Harris
Hendriclt
Hoxey
Janes
Joice
Jones
lCnight ;.v
.Matthews
Powell of Mcintosh
Powell of Rabun;
Porter
Powers
Ray
Sc.-borough
Sp h»
Scarlet r
Sellers
Tenntlle
Thorny ,
Tin pins
"White ,
Weliborn
Williams,
Wiuibetly
Wooten'- ...
Wynn of Gwinnett
Wynn of Half
Young
Those whb voted in the negative are/
Messrs.
Beat I Smith -Walker
fcove Strawn , Witt
100
The senate resolved itself into committee of the whole, on th«|
to o!?er and amend an act for appointing rommi-'sioners for axcettj
ing the boundaries of the towns and commons of Brunswick ^
Frcdrica, passed the 21st February, 1796, Mr. Blacksione i> j
Chair;
The President resumed the chair, and Mr. Blackstone reported
bill wirh amendment.
T' e senate took op and agreed to the report.
And the bill was read the third time and passed.
The senate resolved itself into a committee of the whole
bill to iuco porate Crawfordviile Academy, and appoint trustees
the same, Mr Broadnax m the chair. ~ |
The president resumed the chair, and Mr. Broadnax reported %
bill with amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
A message was received from his Excellency the Governor,
Pierce, his secretary, informing the senate (hat he had a>sentedfi
and signed two acts which originated in this branch of the Legist*
ture. to wit:
An act to pardon Levi White—and
An act to pardon Hugh Gallagher. ■ ,
Ordered, That the committee on enrollment do carry said "act*!
the secretary of states office, and see the great seal of the State aflhe
thereto.
The senate adjourned until to morrow morning 10 o'clock.
SATURDAY, November 25th, 18261
Mr. Blair from (he committee to whom was referred the memorial
of Dinml Lebbetter, Repmted,
Tna' they had the same under consideration, and are of opinion
that the prayer of the petitioner is reasonable, & ought to begrasued.
They therefore-recommend that the sum of four hundred dollars 1)0
placed in the appropt iaiion act tor the use of said Ledbetter.
Mr. Blair, from the same comrr iftee, to whom was referred the pe*
tition of VViltjam H Bomer and Joseph Watson, reported,
That they have i.ad i,»e *ame under . onuder.. ion, and are of the 0*
pinion that the prayer of the petitioners are reasonable and ought to
i#i/
granted. Your committee therefore recommend, that the sum of
ar hundred ddtars he placed in the appropriation act for the use
t ie said Conner and Watson.
Which reports were read and ordered to tie on the table.
On motion,
12 honorable senators from the counties of Early and Pulaski, had
ive of absence after to day for a tew days.
Mr. Knight had leave to introduce instanter, a bill to fix on the
ne for holding the Inferior courts in the county of Lowndes, and to
pooint two additional commissioners to assist in fixing the public
ce for the s<me. . *
Which was read the first time.
On motion of Mr. Jones,
Unsolved, That the sixty feet, square on the commons of the fowp
Hilledgeviileon which the bath house, stands, he laid off", and that
e use and benefit thereof be vested in Henry Darnell lor ten years.
i On 'motion,
I The honorable senator from the county of Upson had leave of ab*
i nice for a few days after to day.
\fr. Williams had leave to introduce instanter, a bill to lejjitama*
I n and change the name of Maria Elizabeth Breton, to that of Ala-
iaKlizaoeth Humphrey.
Which was read the first time.
Mr. Brown, of Monroe, had leave to introduce in<dan(er, a bill te
ivorce and separate Susannah Nelson U Elijah Nelson her husband.
4 b»U re separate and divorce Elizabeth fra is and William Tra*
is hey husband, and
4 hdl to separate and divorce Elizabeth Flippin and William Flip
in her husband.
Which were severally read the first time.
On motion of Mr. Walker.
Resolved, That the Judiciary committee enquire into the expedien-
y of so altering the pen 1 code, so f ir as not to subject individuals
o the degtading asii disgraceful punishmentof confinement in the.
penitentiary at hard labor for such crimes as are not of a base and
:orrupt nature, such as manslaughter, assaults with intent to kill, &c.
The following bills were read the second time and ordered for a
ihird reading.
A bill to add a part of the county of Washington to the county of
Baldwin.
A bill to alter the time of holding the Superior courts of the Flint
circuit, so far as respects the counties of Bibb, Monroe, Pike and
Fayette.
A biil to authorise Zachariah H. Gordon to establish a ferry across.
Flint river in Upson county.
And a bill to establish a ferry across Flint river on fraction No.
m
1T8, in the 1st district in the county of Dooly, and to vest the ™
of said ferry in William Lampkin and his heirs.
The following bills were read the second time and ordered
doranmtee of the whole.
A bill to form a new county out of parts of Houston county |
the second section of the newly acquired territory, and to org^
the same.
A bill to authorise and direct a further sale of lots in the town
Macon, and to enlarge the common's of she *ame.
And a bill to repeal an actfusther defining the duty of collect
Of taxes, passed the 9th day of December, 1824.
The following bills were read the third time and passed.
,A bill to incorporate the Independent Presbyterian church in (
•city of St. Marys. * ,
\ bid to add the county of Upson to the third brigade of the si]
div wion of Georgia ndli ia, end |
. A bill ro change the name of Levi Satterwhite to that of Let
river, and to legitimatize the same.
The senate resolved itself into a committee of the whole ot] tl
bill to change arid define the compensation of secretary of §m
treasurer, survey or genetal. and comptroller general, and to give)
each officer a permanent salary, Mr. Brow n, of Camden, in theriuj
The president resumed the chair, and Mr. Brown reported progre
and had leave to sit again.
The senate resolved itself into a committee of the whole on t|
bill to incorporate the town of Crawfordville in Taliaferro caunl
Mr. Lawson'in the chair. •
The President resumed the chair, and Mr. Lawson reported tl
. i]i with amen d$eot.
The senate took up and agreed to the report.
The bill was read the third tune and passed.
The senate resolved itself into a committee of the whole on the-bi
to r, peal toe 9»h section of the 9th division of the penal code ofthi
♦Slate, VIi. Cnoice in ihe chair.
The President, resumed the chair, and Mr. Choice reported pi]
gress am! had leave to sit again. ■
Tie se nate took up the report—when
On. motion to lay the repott on the table the balance of the stt
sion, it was determined in the affirmative.
And the yeas and nays being required, are yeas S3, nays 21.
Those in the affirmative are,
Messrs. ...
Allen Dyall Scarlett
B iker of Warren Groves Smith
Bead Harris Tippins
103
Rlacksfone
Blair
Brown of Camden
B own of Decatur
Bf-o.vn of Hancock
Brown of Monroe
B;ockman
Burney
Hoxey
J mes
.Pries
Knight
Love
Powell of Rabun
Powers
Scarborough
Those in the negative are
Messrs.
Anderson
Broad nax
Choice
Clayton of Clarke
Clayton of Pulaski
Co/fee
Daniel
Frazer
liar man
Hendrick
Joice
Lawson
Powell of Mcintosh
Porter
White
Wilt
Wellborn
Wiiliams '
Winiborly
Wooten
Wynn of Gwinnett'
Wy no of Hall
Ray
Sellers
Strawn
Tennille
Thomas
Walker
Young
The senate resolved itself into a committee of the whole on the bill
to repeal the I2?b section of an act, entitled an act, to dispose of and
dist.ibute the land s la'tdv acquired by the United States for the use
of Georgia, of the Creek nation of Indians, by a treaty made and
concluded at the Indian Springs on the 12th day of February, 1825,
passed the 9th day of June, 1825. Mr. Clayton, of Clarke in the
chair.
The president resumed the chair, and Mr. Clayton reported that
fchey had disagreed to the bill-
The senate took up the report—and
On motion to agree thereto, it was determined in the negative
The yeas and nays being required are, yeas 24, nays 2$;
Those who voted in the a (Urinative are,
Messrs.
Allen
Anderson
BeaU
Brown of Hancock
Coffee
Daniel
Dyall
Froze r
Grove? ■
II arm an
Hoxey
Janes
Jones
Knight
Lawson
Powell of Mcintosh
Those who voted in the negative are,
Messrs.
Baiccr of vVarren
Biacksione
Blair
Broad nax
Brown of Camden
Brown of Decatur
Brown of Monroe
Clayton of Clarke
Clayton of Pulaski
Hendrick
Joice
Love
Powell of Rabun
P.ortvf
Powers
Sellers
Thomas
Williams
Wimberiy
Wooten
Wynn of Gwinnett
VVyan of Hall
Smith
Strawn
Tennille
Tippins
Walker
White
Witt
404
BrocfrmaH
Bumey
Choice
Scarborough
Wellbora
You riff
Toe bill was then read the third time.
Arnl <>n the question "shall this bill now pass?*' it was determine^,
fa thea'hrmative.
The ' eas and nays I
Th use w ho voted in
Messrs.
Br'er of Warreii
Buckstone
Blair
Broadnax
Bmwn of Camden
Bro*n of Dtcaur
B own ol Monroe
B hkman
Burhey
Choice
jeing required, are yeas £8, nays 24.
the affit mative are,
Clayton of Clarke
CI iy!on of Pulaski
Hendrick
Joice
Love
Powell of Rabun
Poner
Ray
Scarborough
Those in the negative are,
M v'flSrS.
■AHeo
Af. o son
Beali
B own of Hancock
C ff e
B'-ioiel
D}..il
Braver
Groves
Harman
Hrney
Janes
J'-ujes
Knight
Larson
Powell of Mcintosh
Smith
Strawn
T» nnille
Tipping
"Walker
White
"Witt
Wellborn
Young
Powers
Seiicrs
Thomas
Williams
W mioerly
Wyoleii
Wynn of - Gwinnett'
Wynn of Hall
The senate resolved itself into a committee of the whole on the
biil i'> in< orporats Lo us; Grove academy in the county of Warren,
ana to appoint trustees for the same, Mr. Coffee iri the chair..
The president resumed the chair, and Mr. Coffee reported the
bill with amendment.
The senaie took up and agreed to the report.
The bill was read ttie third time and passed under the title of
A bdi to appoint trustees of the poor school fund in the county of
"Was t ea, and to vest the funds of the Warren county academy in the
same.
The senate resolved itself into a committee of the whole on the
bill tii extend the time for fortunate drawers in the la. d lotteiies of
1818, 1819, and 1821, to take out their grants,.ana lehute the pets-
en price on lottery grants, Mr. Daniel in the chair.
1 ne president resumed the chair, and Mr. Daniel reported the
bill f iih amendment.
Ordered, That the report do lie on the table.
The senate resolved iraeP irt*> a committee of Pre wh.oV on the
bill to amend the 3d section © an act to iubCnd the juqici«uy of thif
105
State, so far as respects justices of the peaee, assented to 9th Decern'
ber, 1819 Mr. Brown, of Monroe, in ihe chair.
'The president resumed the chair, and Mr. Brown reported the bill
with amendment, and
On motion to lay the report on the table the balance ot the set*
sion, it was determined in the affirmative.
The yeas and nays being required, at e yeas 30, nays 23,
Those in the affirmative are,
M -.ssrs.
Allen Daniel
Anderson Dyall
Be.-di Groves
Dneicinax -Harris
Boiwii of Camden Hernlrick
Brown ol '»atic;»r.k Moxey
]1" ! - . n of M oiiroe .T uies
Bu roey Jones
C'ar i-jo of Clarke Knight
CoiiV-e Powers
Sellers
Smith
Sirawu
Thomas
While
Witt
Williams
"W imberiy
\\ rtoson
Wynnof Gwinnett
Tiiose in the negative are,
Messrs.
B iker of Warren
Biivkstoue
ill tii
Brown of Decatur
Brokman
Cnoiee
Clayton of Pulaski
Frazer
Harman
J<nce
Law son
Love
Powell of Mclnfrs'i
Powell of Rabun
Porter
Ray
Scarborough
Ten nil ie
Tippins
Walker
Weilbcrn
W ynn of Hall
Young
The following communication was received from his excellency the
Governor, by Mr. Pierce, his secretary.
Executive Department, ?
Georgia, '25th November, 1826. £
The document herewith transmitted, has jast been received tr«m
the Department »>f War at Washington, and is explanatory of toe
letter- addressed by the Secretary ot War on'the 17th day «d Mar- b,
1817, to Mcintosh and other duels ot the friendly party, ano con-
firmatory of the suggestion, that Mcintosh and oL pas y were the ac-
knowledged sovereigns of the country to the exclusion of lire noside
chiefs and their followers.
Signed,
G. U TRorp.
Which with its accompanying document, was iead and ieftrred to
the committee on the state of the republic.
The senate adjourned until Monday morning 10 o'clock,
106
MONDAY, November 27, 1826.
. On motion of Mr. Powell of Mcintosh,
The seriaie reconsidered so much of their journal of Saturday, as
felates to the rejection of tire b 11 to repeal thetUh section of the 9th
division of the penal code.
Ordered, That said bill be recommitted to a committee of the
whoie.
On motion of Mr Beall,
The senate reconsidered so much of their journal of Saturday, as
relates to the passage of the bill to repeat the 12th section of an act
entitled an act to')dispose of and distribute the lands lately acquired
Jbj the United states, for the use of Georgia, of the Creek nation of
Indians, by a trea y made and concluded at the Indian Springs on
the I2;: i day »»f February, 1825, passed the 9th day of June, 1825.
Ordered, That said bill be recommitted to a committee of the
whole.
Mr. Tippins had leave to report inslauter a bill to appoint trustees
for the poor school fund in the county of latnali, and vest the fund
of the fatnall county academy in the same.
Which was read the first time.
Mr. Hoxey presented a petition from John Kimbrougb, praying a
pa ricipation in the approaching land lottery.
Which was read and referred to a committee consisting of Messrs,
Hoxey, Janes, and Witt.
The following bills were severally read the second time and order-
ed to a toud reading.
A bill to fix on the time for holding the inferior court in the county
of Lo -vr.ides, and to appo nt two additional commissioners to assist in
fixing on the'pubhc site for the same.
A bill io separate and divorce {Susannah Melson and Elijah Melsot?
her husband.
A b'?ii to separate and divorce Elizabeth Fiippin and Wm. Fiippin
her husband.
A bill to separate and divorce Elizabeth Travis and William Travis
her husband.
And a bill to Jegitirr.atise and change the name of Maria Elizabeth
Breton, to that of Maria Elizabeth Humphrey.
The following biils were read the third time and passed:
A bill to add part of the county of Washington to the county of-
Baldwin.
A bill to alter the time of holding the superior courts of the Flint
:)< t uir, so far as respects the counties of Jdibb, Monroe* Pike* an'd
.?ayette.
107
A bill to authorise Zachariah II. Gordon to establish a ferry across,
Flint river, in Upson county.
Vm! a bill to establish a ferry across Flint river, on fraction No
17t, in the 1st district in the county of Dooly and do vest the right
ot said ferry in VY'm. Lamkin and his heirs.
The senate resolved itself into a committee of the whole on the
bill to repeat an act, pissed the 21st D-c. 1825, entitled r.n «r,t to
create a Boa d of PuMic Work", and provide for the commencement
of a system of internal improvement, Mr. Groves in the chair.
1'he president resumed the chair, aud Mr. Groves reported pro-
gress and hud leave to sit again.
The senate resolved itself into committee of the whole, on the
b>il to sell and dispose of the land lying in the l2ih and 13th (lis-
tricts, in the county of Ware formerly Appling county, Mi. lien-
d ick in the chair. " ,
The President resumed the chair, and Mr. Hendricl^ reported the
bdl without amendment.
The senate took op and agreed to the report.
The bill was read the third time passed.
The senate resolved itself into a committee of the whole on the
bill to repeal an act to establish election districts in die county of
Dooly, passed the 25th Nov. 1824— VIso to make permanent the site
of the public buildings in said county, and to name the same, Mr.
Hoxey in the chair.
The president resumed the chair, and Mr. Hosey reported the bill
without amendment.
t he senate took up and agreed to the report.-
The bill was read the third timelrad passed.
The senate resolved itself into committee of the whole, on the bill
to give further time to purchasers of fractions, lots, or islanos, at the
late sale of the fractions, to pay for their lands, Mr. Harmon in the
chair.
The president resumed the chair, and Mr. Harmon reported the
bill wbh amendments.
Ordered, That the report lie on the table.
The senate resolved itself into committee of the whole, on the bill
to authorise a lottery for the erection of three bridges, in the county
of Ne wton, Mr. Frnzer in the chair.
The President resumed the chair, and Mr. Frazer reported the bill
without amendment.
The Senate took up and agreed to the report.
The bill was read the third lime and p issed.
The senate resolved itself into a com oiffr-e of the whole, on H e
bill.to rent certain reserves and itnnrovf.nu o s, - inch may oe ««• a
su.vev, found to be fractions within die late acquired ierriLry, Mr.
Jones the chair.
403
The president resumed the chair, and Mr. Jones reported the bill
"With amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
The senate resolved itself "into a committee of the whole, on the
bill of the house ot • representatives. to authorise certain persons to
plead and practice in the several-courts-of law and equity, in this
State, on certain conditions, Mr. Lawson in the chair..
The president resumed the cbait, and Mr. Law son reported the bill
with amendments. i '
The senate took up and agreed to the report.
The bill was read the third time and passed.
The senate resolved itself into a committee of (he whole, on the bill
to incorporate the Savannah, Ogeehee, and Alatamaha Canal Com-
pany, Mr. Knight in the chair.
The president resumed the chair, and Mr. Knight reported the bill
with amendment.
The senate to«>k up amended and agreed to the report.
The bill was read the third time end passed.
The senate resolved itself into a committee of the whole, on the
bill to divorce and separate Zebuion Rudolph and Eliza Rudolph his
wife, Mr Love in the ch-tir.
Foe pre ident resumed the chair, and Mr. Love reported the bill
without amendment.
Thr scnaie took up and agreed tp the report
The bill was read the third time.
And on the question " shall thic bill now pass ?"
And the yeas and nays being required are-r-yeas 26, pays
Those who voted in the affirmative are,
Messrs.
Baker of Warren
Brail
Broadnax
Brown of Camden
Brown of Monroe
Cargiiie
Choice
€ lav?on of Clark
Ljall
Frazer
Mar man
Ht-ndrick
JoueS
Lawson
Love
Powell of Mcintosh
Scarboi ough
Scarlet
Strawn
Tennille
Thomas
White
W el iborn
W illiams
Wimberly
Woolen
Those in the negative are,
Messrs.
AUen Groves
Anderson Harris
Black-tone Hoxey
Bi i? Knight
Brock man Powell of Rabun
Ray
Seilars
Smith
Walker
Witt
ids
Coffee
Daniel
Porter
Powers
Wvnn of Hall
Wynn of Gwinnett
There not being a constitutional majority, the bill was rejected.
The senate resolved itself into a committee of the whole, on the bill
to divorce and separate Joseph Duke and Jane Duke his wife, \lr.
Poweii of Rabun^ in the chair.
The president resumed the chair, and Mr. Powell teporied the bill
without amendment.
The senate took up and agreed to the report.
The bill was read the third time.
And on the question " shall this bill now pass r" it was determined
in the affirmative.
And the yeas and nays being required, arc yeas 40, nays 8.
Those in the affirmative are,
Messrs.
Allen Frazer Sellers
Baker of Warren Groves. Smith
Beall Harmon Strawn
Blackstone Harris Tennille
Broad nax Hendrick Thomas
Brown of Camden Hoxey Walker
Brown of Monroe Jones White
Barney JLawson Witt
Cargiile Love Wellborn
Choice Powell of Itabun Williams
Clayton of Clark Porter Wimberiy
Coffee , Scarborough. Woolen
Daniel Scarlett Young
Dyall
Those in the negative are,
Messrs.
Anderson Knight
Blair Powell of Mcintosh
Brockman Ray
The president laid before the senate a communication from Lewis
H. Kenan, E*q. Military Store Keeper.
Which vvas read, and with its accompanying exhibit referred to the
joint military committee.
On motion of Mr. Sellers,
Resolved, Tnat the joint committee on public education and free
schoo's-. be instructed to enquire, if any, and what alterations will be
necessary in the poor school laws, with a view to enable new created
counties to participate in their proportion of the poor school fund,
where such counties have been laid out since the taking the latecen-
sua of enumeration, and that they report by bill or otnerwise.
Wynn of Gwinnett
Wynn of Hail
tU)
On motiou,
The honorable senator from the county of linker, was added to th'e
joint committee on public education and free schools.
A message way received from the house of representatives bv Mr.
Dawson their clerk, informing die senate, that the house had passed
the following bills, to wit:
A bill to appropriate money to reimburse C, R. Parker, for taking
the portraits of Washington, Prank!in, Jefi'e.son, Lafayette, and
gleihorpe.
And a bill to incorporate the St. Andrews Society, of Augusta,
Georgia, f
That the hou*e had agreed to the amendment of the, senate, to the
bill of the bouse, entitled an act to alter ami amend an act for ap-
pointing commissioners for ascertaining the boundaries ol the towns
and commons of Brunswick and Predrica, passed Feb. 21st 1796. ■
That they had concurred in the resolution in behalf of James lious-
ton, a revolutionary soldier.
And that they had agreed to a resolution in favor of Capt. James
Smith, for having apprehended certain Africans, illegally introduced
into this State.
To which they desire concurrence. And he withdrew.
On motion, the senate took up the message of the house of repre-
senta'ives, so far as to direct the bill to incorporate the St. Andiews
Society, of the city of Augusta, Georg»a, to be read the first time.
Mr. Brown of Monroe, had leave to introduce instanter a bill to
amend an act, to sell and dispose ot the State's interest in lots of
land which have been, or may hereafter.be, condemned as fraud u~
lently drawn in the counties of Bibb, Houston, and others.
Which wis read the first time.
On motion of Mr. Daniel,
Resolved, That the committee on public education and free schools
be authorised to enquire into the propria tv of educating, at the ex-
pense of the State, the children of convicts confined tn the Peni»
tentiary.
The senate adjourned until to-morrow mornipg 10 o'clock;
ill
TUESDAY, November 5.8th, 1826.
0a motion of Mr. Breadnax,
The senate reconsidered so much of (heir journal of yester day, as
relates to the passage of the bill to rent certain reserves and improve-
meats, which may be on a survey found to be fractions within the late
acquired territory.
Ordered, That said bill be re committed to a committee of the?
whole.
On motion of Mr Brown, of Casrden,
The Senate reconsidered so.tnuch of >he journal of yesterday as
relates to the rejection of the bill to separate and divorce Zebulott
Rudolph and Eliza Rudolph his wife.
Ordered, Tnat said bill be re committed to a committee of the
whole.
Tne honorable senator elect from the county of Walton, appear-
ed, produced his credentials, and being qualified by the president to
support the constitution of this Slate and of the United States, took
his seat.
The senate took up and agreed to the report of the committee of
the whole on the bill to give further time to purchasers of fractions,
lots or islands, and to those who may have forfeited their lands.
And the bill was read the third time and passed.
1 The senate took up the report of the committee of the whole on
the bill of the house of representatives, to extend the time for fortu-
nafe drawers in the land lotteries of 1818, 18(9, and 1821, to take
out their grants, and reduce the present price on lottery grants, a d
On motion of Mr. Powell, of Mcintosh, to amend the 1st section
of the bill by striking out the words ' twenty Jrfth of December," and
inserting in lieu thereof, the words " first day of November," it was
determined in the negative.
The yeas and nays being required, are—yeas 16, nays 86.
Those in the affirmative are,
Messrs.
Brown of Decatur
Clayton of Clark
Daniel
Dyail
Footman
Knight
Those in the negative ate,
Messrs.
Allen Foster
Anderson Frazer
Baker of Warren Groves
Powell of Mcintosh
Ray
Scarborough
Scarlett
Sellers
Stokes
Thomas
Web born
Wooien
Wynn of Gwinnett
Powell cf Rabun
Porter
Smith
MZ
fell
Blair
Broadnax
Brown of Camden
Brown of Hancock
B-own of Monroe
Brock man
Barney
Choice
Harmau
Harris
II: nd.ick
Janes
J aire
Jones
L<< w«on
L-ve
Mitchell
S^rnwii
Teaniile
Walter
White
Witt
Williams
Wm ta i y
Wyur> of Hall
Yoi-ncr
The report being agreed to, the bill was re-'d the third time.
And on the question rtsha!i this b,ll no-.v pass f" jr w&s ocierminetj
in the affirmative.
The yeas and nays being required, are yeas 42, nays 11.
Those in the affirmative are,
Messrs.
Allen
Frtzer
Scarborough
Anderson
Grov-. s
Sellers
Baker ot Warren
Ha> man
Smith
Ball
Hairis
Stokes
Blair
Hendrick
Straw n
Broad nax
Hoxey
Tenndle
Brown of Camden
Janes
Wa'ker
Brown of Hancock
Joice
Whi e
Brown of Monroe
Jones
Witt.
B? orkiuan
L'.wson
Wellborn
Barney
Love
Williams
Choice
Mi-cheli
Wimberly
Dyall
Powell of Rabun
Wynn ol Halt
Foster
Porter
Young
Those in the negative are,
Messrs.
Brown of Decatur
Clayton of Clark
Daniel
Footman
Knight Thomas
Powell of Mcintosh Woof en
Ray Wynn of Gwinnett
Scarlett
Ordered, That the secretary do return forthwith said bill to the
house of representatives*
Mr. Clayton of Clarke, presented the petition of Thompson Shep-
herd, proposing to lease of this S aie lor 5 years, Ihe Indian Spnng.
Which was read and refened to a committee consisting of inessrs.
Clayton* of Clarke, Burney, and B own, of Monroe*
Mr. Walker from the committee oh the state of the republic, Re*
ported,
That they have had under consideration the resolution *ubinifred
<0 them, directing an enquiry into the expediency ui again applying
im
.4* general 'government tc renew the negotiation with the €!un$>
|e<» Indwis, with a view to extinguish rhe ,-itle o the iaiuis in 'neif
pfjssess'on within the limits of Georgia— \n»i a>so of enquiring into
the propriety of requesting the g»|Wal government to propose a
treaty allowing the India as reserve ribns, not to exceed one .sixth,of
the territory acquired, subject to be afterwards purchased for the use
of Georgia-
.Upon the best reflection which the committee have been able to
besi-pw upon this subject, they entertain an opinion which is without
division among them, th&t the extinguishment of 1)13 India* title to
all the lands within the limits of Georgia, is 4 matter not only of
constant but of urgent expediency. This question has byyn s > re-
Sea tediy presented to the General Government, and the wishes of the
rate pressed upon its attention under such a diversity of aspects,
as to render, at this time, a detailed exhibit of its views entirely un-
necessary. It would seem that little eke was required to be said,
eh an what would serve to relieve the general government of whatever
solicitude raigh? be felt from having a subject so often and so unfor-
tuoately brought to its consideration. The respect which the State*'
owes itself, and wh ch it certainly entertains* for he general govern*
Saent would, in courtesy, require the declaration that whatever else
may be thought to belong to this application, nothing in farther from
its intention, than a spirit of captinusness or a restless impatience
under repeated disappointments. The State has always believed its
claim perfectly just, and acting under the honest confidence which
Unquestionable right never fails to inspire, it acknowledges, that ev-
-Cry occasion has been sought openly but frankly, to avow that node-
mand could be better fori lied with motives for its speedy satisfac-
tio i, thin that which we have so lorfg-aud so abortively u^ged. and
therefore the frequency of our attempts to bring this matter to a final
Adjustment.
If row, by adding another essay to those which have gone before^
and which nave proved so untoward in their issue, any thing ofciam-
xmr or resentful discontent should be supposed to exist in this ap-
peal, we are ready to give the assurance, that nothing can be more toy
reign from its temper, and in a fair interpretation of its design, uoth-
teg could be more widely misunderstood.
We believe that circumstances of recent origin in the Cheroke^
nation, which from orudential considerations, need not now be men-
tioned, render at this time another effort to obtain the country more
auspicous, than any which have heretofore been made, or which can
hereafter be made with any well grounded hope of success, if the
present occasion is permitted to pass awa/ .unimproved. Hut when
to t ies indications, so * ighly favoring the view of a prosperous oe-
gotiation, there is added, as we conceived, the influence and effect
which extensive reserves are calculated to have among Indians of &
certain character, little doubt is entertained of a result alto^e'her
satisfac tory to the reasonable ..wishes of Georgia. To the general go-
vernmeut, possessed as it is of a full knowledge of the state and
condition of the Indian nation, the power and avarice of cei tarn char-
Acters wh > control its a&urs, and the causes which have nituortb
fctai 8
m
Itiwarted tfie measured designed to fulfil her engagement with Gear-
gia, it cannot be necessary to suggest the efficient agency which this
course must have, in any future operations of the government seek-
ing to realize the just expectations of the State ; expectations which,
though the subject of repeated complaint, find some justification ilk
an unusually protracted postponement.
Under this view of the subject, your committee recommend the*
following resolutions,to-wit:
Resolved, That the president of the United States be requested to
take such steps as are usual, and as he may deem expedient and pro.
per for the purpose of and preparatory to the holding of a treaty
with the Cherokoe Indians, the object of which shall be to extinguish
the title to all or any part of the lands now in their possession, with*
in the limits of Georgia.
Resolved, That if such treaty be held, the President be respectfully
requested to instruct the commissioners to grant, if necessary to fa.
cil tate a successful completion of the same reserves of land,in favor
of certain Indians of the nation, not to exceed one sixth of the te.r-
ritory to be acquired, and to be subject to future purchase by the gen*
erol government for the exclusive benefit of Georgia.
Resolved, That his excellency the Governor, be requested to for-
want a copy of the foregoing report and resolutions to the President
of the United States, and one to our senators and representatives in
Congress, with a request that they use their best exertions to obtain
the object therein expressed.
Which was read and unanimously agreed to.
The senate took up the report on the petition of John Screven,
which was amended to read as follows:
The committee to whom was referred the petition of John Screven,
f&sq. praying the payment of certain bills of credit issued in 1786 by
au nority of this S a'e, for the redemption of which in gold and sif.
ver, "the guarantee of the honor and faith of Georgia was given,"
Reported,
That the demand of John Screven is just and ought to be paid, and.
recommend the adoption of the following resolution:
Resolved, That the sum of two thousand six hundred and seventy
ni;<e dollars and ninety-six cents, be placed in the appropriation act
for he redemption of certain bills of credit issued by authority of
this State in 1786, now owned by John Screven, Esq. And upon
the certificate of George Jones the treasurer at the time, and whose
signature is to the bills of credit that he has examined, believes the
sa.d bills of credit now owned by John Screven, Esq to be good and
genuine bills; the treasurer of the state shall be and he is hereby
arborized to receive and pay the same; provided they do not ex*
ceeri ihe amount claimed to be paid, viz :
T*1 * e hundred of twenty shillings. '
1 • ? hundred and sixty of ten shillings*
Tour hundred and three of five shillings.
m
Two hundred and Torty nine of two shillings and sixpapeik
Two hundred and thirteen of one shilling.
And one hundred and ten of sixpence.
? Making in the whole the sum of six hundred and twenty fivfe
pounds five shillings and sixpence.
On motion to agree to the report as amended, it was determined in
the negative.
The yeas and nays being required, are yeas fil> nays 3Q.
Those who voted in the affirmative are,
Messrs.
Allen Footman Porter
Bro&dnax Foster Ray
Brown of Camden Harman Sellers
Brown of Monroe Harris Tennille
Bumey Hoxey Thomas
Clayton of Clarke Lawson Walker
^ Daniel > Powell of Mcintosh Wynn of Gwin©$£&
Those in the negative are,
Messrs,.
Anderson Groves Stokes
Baker of Warren Hendricft Strawn
Beat! Janes White
Blair Jones Witt
Brown of Decatur Knight* Wellborn
Brown of Hancock Love Williams
Brockman Mitchell Wimberly
Choice Powefl of Rabun Wooten
Dyall Scarborough Wynn of HaB
#frazer Smith Young
The bill to appoint trustees for the poor school fund in the county
of Tattnall, and vest the funds of the Tattnall county acrdeiqy in
the same, and
The bill to incorporate the St. Andrews society of the city of Au-
gusta, Georgia.
Were read the second time and ordered for a third reading.
The bill to amend an act to sell and dispose of the State's interest
in lots of land which have been or may oereafter be condemned as
fraudulently drawn in the counties of B<bb, Houston, and others.
Was read the second time and ordered for committee of the whole,.
The following bills were read the third time and passed.
A bill to fix on the time for holding the Inferior courts in the coniw
ty of Lowndes, and to appoint two additional commissioners to assist*
in fixing the public site for the same
V biil to legitimatize and change the name of Matia El/..beth
Br 'ton to that of Vfaria Elizaoeth Humphrey.
Vri the bdl to separate and divorce Su^aaaah MeWa auJ Blijafe
Melsou her husbands
4 tie
Was read the third time, and on the pds,#ge o? the bifi;!tli$.
jltid nays being required, it was determined in the a formative.
The yeas and nays-being required, arsyeaSSS, nays-11/
Those who voted in the affirmative are,
Messrs.
Allen
Frazer
Stokea
Baker of Warren
Harris
1 Strafon
Beall
Hendrick
Thomas
Broadnax
janes
Walker
Brown of Camden
, Jones
White
Browri of Decatur
Lawson
Witt
B- own of Monroe
Love
Wellborn
Brockman
Porter
Williams
Burney
Scarborough
Wnn berly
Choice
Scarlett
Wo©ten
Footman
Smith
Young
Those in the negative are?
Messrs.
Anderson Groves
Blackstone Joice
Blair Knight
Foster Powell of Rabun
Sellers
Wynn of Gwinnett;
Wynn of Hall
The senate resolved itself into a committee of the whole on the
bill to amend the act, entitled an act, amendatory of an act passed
the 9th day of dune, 1825, to dispose of and distribute the laddt
lately acquired by the United States for the use of Georgia of the
Creek nation of Indians by a treaty made and concluded at the lte
dian Spring on the 12th day of February, 1825, Mr. Powell of McIqI
tush in the chair.
The president resumed the chair, and Mr. Powell reported the hi$
with an amendment.
The senate took up the report by sections, when Mr. Powell, dE
Mcintosh moved to insert the following as a tilth section of the
to wit:
And be it further enacted, That all unmarried and single female*
Wj>o are not widows of the age of eighteen years and u pwards, DM.
tyho are citizens of the United States, and have resided three yean
in tliis State, and have not drawn in any former land lottery, shall be
entitled to one draw upon taking the following oath or affirmation
to-wit i
"I, A. B. do solemnly swear or affirm, (as the case may be) thatt:
-am a ci izen of ihe United' States,have resided three years in thi*
-Stati, have hot drawn land in any former land lottery, and have<ar
rived at the age of eighteen years.'*
And on the question to agree to said amendment, it wasdetermi?
ed in the negative.
And the yeas and nays being required, are yeas 21, nays*3C^
ill'
Those in the affirmative are,
Messrs.
Boadnax Harman
Brown of Camden Harris
Brockman IJendrict.
C ay ton of Clarke Uoxey
Daniel Janes
footman Jones
Foster Knight
Those in the negative are,
Messrs.
Alien
Anderson
Baker of Warren
Beat! ,
Blair
Brown of Decatur
\Brown of Hancock
Brown of Monroe
Burney
.Choice
Dyall
Frazer
Groves
Joiee
Lawson
Love
Mitchell
Powell of Rabun
Sellers
Smith
Powell of McT«t6>&
Porter
Ray
Stokes
Tcasiin'e-
"Walker
Wynn of Had
Strawn
Thomas
White
Witt
Wellborn
Williams
Wimberly
Wooten
Wynn of Gwinnett
Young
Mr. Wynn, of Hall, then moved to amend the report, by inserting
the following as a fifth section, to wit:
uJitid be it further enacted, That no illegitimate child or children
shad have any further privilege or right to give in for a draw <>r
draws."
And the yeas and nays being required on agreeing thereto, #ij£
jeas 20, nays 31,
Those in the affirmative are,
Messrs.
Dyall
II arris
Janes
Knight
Powell of Mcintosh
Powell of Rabun
Scarlett
Allen
Anderson
Baker of Warren
Beall
Blair
Broadnax
Brown of Camden
Thomas
Witt
Wimberly
Wynn of Gwinnett
Wynn of Hall
Those in the negative are,
Messrs.
Brown of Decatur Groves
Brown of Hancock Harman
Brown of Monroe Hendrick
Brock man Hoxev
Burney Joice"
Choice Jones
Clayton of Clark Love
Daniel Mitchell
Footman Porter
Foster
Frasev .
Seller#
Smith
Strawn
Tennille
Tipping
Walker
"White
Weslbora
Williams
Wbbtsfo
it*
The following further proposed amendment being under consider**
lion, to-wit:
On motion of Mr. Williams.
"And be it further enacted, That the benefit intended to be given
t>y this act to revolutionary soldiers, shall be extended to all suck
who furnished substitutes during said revolutionary war."
On motion of Mr. Biockman.
"And-be it further enacted, That all female orphans between ther
ages of eighteen and twenty one years, abd who have resided three
years in this State immediately proceeding the first day of January
i827, shall be entitled to one diaw."
On motion of Mr. Daniel.
"And be it further enacted, That the drawing of the aforesaid land
lottery shall commence as soon as it may be eonveninnt, and that all
draws which shall be received at the Executive Department after the
commencement of said drawing, shall be placed in the wheel."
Mr. Groves moved that the previous question be taken.
And on the question "shall this main question be now put 2" it wn
determined m the affirmative.
And the yeas and nays being required, are yeas 32, nays 2!.
Those in the affirmative are,
Messrs#
Dyall Scarlett
Giovea Smith
Harris Shrawn
Iltndrick Thomas
Hoxey Tippins
Joice Walker
Knight White
Love Wimberiy
Powell of Mcintosh Wynn of Hal!
Powell of Rabun Young
Porter
Allen
Anderson
Baker of Warren
Beall
Blair
Bro&dnax
Brown of Camden
Brown of Decatur
Brown of Hancock
Brown of MonrOe
Choice
Those in the negative are,
Messrs. .
Brockman
Burney
Clayton of Clarke
Daniel
Footman
Foster „
Frazer
Harman
Janes
Jones
Lawson
Mitchell
Scarborough
Sellers
Tennille
Witt
W ellborn
Williams
Wooten
Wynn of Gwinnett
Whereupon the report being agreed to, the bill was read the third
tWe and passed,
Mr Clayton, of Clarke, from the committee appointed, reported a
bill to amend the first section of an act, entitled an act, to amend-
119
a&d consolidate the several acts which have been passed in relation to
the powers end privileges of the corporation of the city of Savannah
and the hamlets thereof, and for other purposes therein mentioned $
passed the 24th day of December, 1825, ,
Which was read the first time.
Mr. Wynn, of Gwinnett, from the committee appointed, reported
a bill to extend the jurisdiction in all cases to the chartered limits of
the State of Georgia, and for other purposes.
Which was read the first time.
Mr Porter had leave to report instsnter, a bill to authorize the
present tax collector of the county of Baker, to collect the tax uue
the citiezns of said county for the year 1825.
A.nd a bill to add the academy fund to which the county of Baker
% entitled, to the poor school fund of said county, and fifty-one dol-
lars sixty two and a half cents of the poor school fund to whioh the
county of Early was entitled for the years 1824 and 1825 to the sam&
Which were read the first time.
The senate took up the message of yesterday from the house of re-
presentatives, and the resolution authorising the Governor to pur-
chase and furnish the commanding officers of divisions, brigades, re-
giments, battalions and companies, one copy each of the late approv-
ed discipline of infantry tac'ics which has been adopted for the Uni-
ted States army ; also, one copy to each of the general officers of the
rules and regulations adopted by the War Department for the gov-
ernraent of the army of the United States.
Was read and concurred in.
• And the bill to appropriate money to reimburse R Parker for
the taking of the portraits of Washington, Franklin, Jefferson, LaX
fay cue, and Oglethorpe.
Was read the first time.
Ordered, That the remainder of the message do Ifo on the table*
Mr. Barney laid on the table the following resolutions s
Whereas, It is a fundamental maxim in the system of the Ameri>>
can government, that all powers vested in the same emana'e directly
from the people, and that it is their undeniable right as freemen to
effect in a legitimate manner such changes or alterations in the g' eat
charter of their liberties, as they in their wisdom may deem best cal-
culated to promote the general good.
Jlnd whereas, As this legislature believes that past events demon-
straie the wisdom and propriety-of an amendment in the constitution
of the Uoited States, so as to take from Congress the election of Pre*
sident and Vice President
Be it therefore resolved by the Senate and House of Representa-
fives of the State of Georgia in General Assembly met, That our ,se-
naiors be instructed, and our memocrs be seques ed to use their ablest
exertions to promote such an alteration in the constitution of the U.
Suius, as r.ogive to die p.ople wiihont the interposition of or s ess,
the election of President and Vice President of the United States.
m
Mesolved further, That his excellency the Governor be re4ue?^
forward to each of our senators and i epje^en'atives in Congre^
a copy of the foregoing preamble and resolutions. '
"fbo senate adjourned until to morrow, morning .1$ o'clock^.
, >W1VpNEjSBJlYt typympqr^p,
On motion of Mr. Daniel, to reconsider so much of the journal of
^es'crday, as relates to the disagreement of the senate to the report
-s of the Committee on the petition of John Screven, Esq.—it was de«
termined in the affirmative.
The yeas and nays being required are—yeas 30, nay» 21#
TIsaoa vnna wa^aii an fEn affintrtafttro oi*a
Those who voted in the affirmative are,
Messrs.-
Allen
Beail
,• Broad nax
^ Brown of Camden
Brown of Monroe
Brock man
Burney
(. argjlle
d r y ion of Clark
Coffee
Daniel
Footman
Foster.
Harman
Harris
Hexey
Jane8
Joice
Lawson
Powell of Mcintosh
Those in the negative are,
Messrs.
Anderson
Bakei of Warren
Biackstone
Blair
Choice
Groves
liendrick
Jones
Eove
Mitchell
Powell of Rabun
Smith
Stokes
Strawn
Bay
; Scarborough
Scarlet ' '
'Sellers
Tennille
Thomas
Tippins
.Walker
Wellborn
Wynn of Gwinnett.
White
Witt
Williams
Wimberly
Wooten
Wynn of HaB
Young
Ordered, That said report lie on the table.
On motion of Mr® Coffee,
The s»nate recur srdered so much of their journal of yesterday, |&
delates to the passage of tire bill to amend an act euihlea an act jjr
iM
&endatory of an act, passed the 9th day of June, tH2J; to dispose of'
and distribute (he lands lately acquired by the United States, for the;
use of Georgia, of the Creek na ion of Indians, by a treaty made and
•concluded at the Indian Spi ings, on the 12th day of Feb. 182$.
Qrd?red% That said bill lie on the table.
The honorable senator from the county bf Madison, had leave of
absence after to-day, tor a few days.
On motion of Mr. Sellers,
The senate resolved itself into a committee of the, whole on the bill
to repeal an act, passed the Slsfc Dec. 1825, entitled an act to create
a Board of Public Works, and provide for the commencement of a
system of internal improvement, Mr, Foster m the chair.
The president resumed the chair, and Mr. Foster reported the bill
With amendment.
The senate took up and agreed to the report.
The bUl was read the third time and passed under the title of
A bill to repeat an act entitled an act to create a Board of PtbliCj
Works, and to provide for the commencement of a system of internal
improvement, passed the 21st of Dec. 1825—And also to repeal an
act entitled an act to lay out a Central Canal or Railway througn this
$tate, passed the 24th Dec. 1825. ;
^ud the yeas and nays being required
are—yeas 43, nays I?,
Those in the affirmative are.
Messrs.
Anderson
Groves
Stokes
Baker, of Warren
Harrnan
Strawn
Beall
Ilendrick
Ten nil! e
Blackstone
Hoxey
Thomas
Blair
Janes
Tipping
Broadnax
Jones
While
Brown of Camden
Knight
"Witt
Brown of Monroe
Love
Wellborn
Brockman
Mitchell
Williams
Burney
Powell of Rabun
"Wimberly
Cargille
Ray
Wooten
Choice
Scarborough
Wynn of Gwinnett
Clayton of Clark
Sellers
Wyon of Hall
Foster
Smith
Young
Frazer
Those who voted
in the negative are>
Messrs.
Allen
Footman
Powell of Mcintosh
Brown of Decatur
Harris
Porter
Coffee
Joice
Scarlett
Darnel
fyali
l.nwson
Walker
^r. Clapton of Clark, from the judiciary committee) to whom wag
ireferrc'J the correspondence of his Excellency the Governor, with
the Cherokee Agent, on the subject of Boundary—Reported,
That they have had the same under consideration, and are happy
to find that all th>* difficulties which were likely to arise upon'that
subject, are now amicably settled-—Wherefore they pray to be dis-
charged from the further consideration of the subject.
Which was read and agreed to.
Mr. Clayton of Clark, from the same committee, to whom was re-
ferred so much of the Governor's message as relates to the propriety
at this time, of exercising our right of jurisdiction, both civil and
criminal, over the territory occupied by the Cherokees within the
chartered limits of Georgia—Reported,
That they have found no little difficulty incoming to a decision
upon this subject. While your committee are anxious to reclaim
those idle and profligate wretches, who have fled to this great reposi-
tory of vice—and to impose upon them such burdens as would con-
s!r»in them to seek a more exalted destiny—they are fully appiehen-
jstvc that difficulties might arise of a serious and perplexing charac-
ter. And when they take into consideration the exposed and de-
fenceless condition of a large portion of our frontier, they are of the
opinion, that tor the piesent year, we had better not hazzard a policy
of such dangerous tendency ; and earnestly hope, that the Govern-
rnent will in the mean time, save the State from the necessity of re-
sorting to this alternative by effecting a speedy removal of these ill-
fated and Unhappy people from our soil.
Which was read and ordered to lie on the table.
Mr. Clayton of Clark from the same committee, to whom was re-
ferred the propriety of passing a law adopting the laws heretofore
passed, and the proceedings under an act for the disposition and dis-
tn cotton of the lands acquired, by a treaty concluded at the Indian
Springs, 1325, reported the following resolution :
Resolved, That no legi-lation on the subject of'distribution of the
lately acq -tied territory, is necessaiy to render more valid the act of
June, 1825.
Which was read and ordered to lie on the table.
Mr. Hoxey presented the memorial of Col. Joel Baley—Which
was read and referred to a committee consisting of Messrs. Hoxey,
Daniel, and l'ennille.
Mr. White notified the senate, that after to day, he would move for
the appoiniment of a committee to prepare and report a bill to divide
the county of Upson into election districts. '
Mr. Coffee presented the report of the commissioners of the southern
rivers of this Sia'e.
, Wh'Ch was read and with its accompanying documents referred to
the joint committee on agriculture and internal improvement.
The bill to authorise the present tax collector, of the county of
Baker, to c< <e< t the tax. due from the citizens of said county, t£>r
the year 1825—and
im
The bill to appropriate money to reimburse C. R. Parker, for tak*
fng the portraits of Washington, Franklin, Jefferson, Lafayette, and
Oglethorpe—were read the second time and ordered for a third
reading.
The following bills were read the secotd time and ordered for
committee of the whole.
The bill to add the academy fund, to which the county of Raker is
entitled, to the poor school fund of sanl county, and fifty one dollars
sixty-two and a half cents of the poor school fund to which the county
of Eirly was entitled for the years 1824 and 1825, to the same.
The bill to extend the jurisdiction in all cases to the chartered
limits of the State of Georgia, and for other purposes.
And the bill to amend the 1st section of an act entitled an act to
amend and to consolidate the several acts which have been passed in
relation to the powers and privileges of the corporation of the city
of Savannah, and the hamlets thereof, and for other purposes therein
mentioned, passed the 24th day of Dec. 1825
The bill to incorporate the St. Andrews Society, of the city of
Augusta, Georgia.
And the bill to appoint trustees for the poor school fund in the
county of Tatnall, and vest the funds of the Tattnall county academy
in the same—were read the third time and passed.
The senate resolved itself into a committee of the whole on the
bill to change and define the compensation of Secretary of State,
Treasurer, Surveyor-General, and Comptroller General, and to give
to each officer a permanent salary, Mr. Tenniile in the chair.
The president resumed the chair, and Mr. Tenniile reported the
bill with amendment.
The senate took up the report.
•And on motion of Mr. Jones, to strike out S2000as a compensa^
tion to the Secretary of State for his services,
The yeas and nays being required are—yeas 27, nays 27.
Those in the affirmative are,
Messrs.
Allen
Anderson
Blair
Broadnax
Brown of Hancock
Brown of Monroe
Brockman
Burney
Coffee
Scarborough
Scarlet
Foster
Frazer
Groves
Jones
Powell of Mcintosh
Powell of Rabun
Porter
Tenniile
Walker
White
Wellborn
Williams
Woolen
Wynn of GwinneH
W'ynn of Hall
Young
Those in the negative are,
Messrs.
Baker of Warren
Beall
Brown of Camden
Harmon
Harris
Henclrick
Ray
Sellers
Smith
184
Brownof Decatur
Choice
Clavton of Clark
Daniel
Dyall
Fuotman,
Janes
Knight
Lawson
Dove
Mitchell
Stokes
Strawn
Thomas
Tipping
Witt
Wtmberiy
The president voting in the negative, it was determined in the ner
gative.
The report being agreed to—the bill was read the, third time.
And on, the question " shall this bill now pass r" it was determined
jfe the affirmative.
And the yeas and nays being required are—yeas 34, pays 2fr
Those in the affirmative are,
Messrs.
Aaderson Harris
Baker of Warren Hendrick
Beall Hoxey
Brown of Camden Janes
Brown of Decatur Jones
Brockman Knight
Choice Lawson
C.i»yon of Clark Love
Daniel Ray
Dyall Scarborough
Footman Sellers
Harmon
Smith
Stokes
Tennille,
Thomas
Tippins
Witt
Williams
WimOerly
Wynn of Gwinnett
Wynn of Ilaljl
Those in the negative are
Messrs. ''
Allen
Blair
Broadnax
Brown of Hancock
Brown of Monroe
Burney
Coffee
Foster
Faster
Groves
Joice
Mitchell
Powell of Mcintosh
Pofvell of Rabun
Porter
Scarlet
Strawn
Walker
White
Wellborn
Wooten
The senate resolved itself into a committee of the whole on the
bill to define how far widows shall be entitled to dower in this State,
and the time when their right to the same shall accrue; Mr. Janes in
the chair.
The president resumed the chair, and Mr. Janes reported the bill
Without amendment. '
Ordered, That said report lie on the table.
The senate resolved itself into a committee of the whole, on the
hill to compel persons owning settled plantations and negroes in the-
comity «f Bryan, to pay taxes on said property in said county, Mr?
Strawn in the chair.
*25
fiie president resumed the chair, and Mr. Strawn reported the bii)
with amendment.
The senate took up and agreed to the reports
The bill was read the third time.
And on the question "shall this bill now pass?" it was determine
ih the affirmative.
The yea3 and nays being required arc—yeas 30, nays 33, „
Those in the affirmative are,
Messrs.
Anderson Dyall
Baker of Warren Footman
Blair Groves
own of Camden H&rman
Brown of Decatur Hoxey
Brown of Monroe Janes
Brock man Jones.
Biruey Knight
Choice Lawson
Clayton of Clark Mitchell
Powell of Rabun
Ray
Scarlet
Smith
Tennille
Tipping
Witt
Williams
Wimberly
Wynn of Gwinnett
Those in the negative are,
Messrs.
Allen
Real!
Broadnax
Brown of Hancock
.Coffee
Daniel
Foster
Frazer
Harris
Hendrick
Joice
Powell of Mcintosh
Scarborough
Sellers
Stokes
Strawn
Thomas
Walker
White
Wellborn
Wooten
Wynn of Hall
Young
The senate resolved itself into a committee of the whole, on the.
bill to authorise the justices of the inferior court of Gwinnett county
to remit a forfeiture incurred by Samuel Ellison, Mr. Porter in the
.chair.
The president resumed the chair, and Mr Porter reported the bill
without amendment.
The senate took up and agreed to the report.
'• The bill was read the third tiuie and passed,
The senate resolved itself into a committee of the whole on the
hill to separate and divorce Cordy D. Stokes And Theny Stokes his
wife, Mr. Broadnax in the chair.
The president resumed the chair, and Mr. Broad nax reported the
bill without amendment.
The Senate took up and agreed to the report.
The bill was read the third time.
And on the passage of the bill, the yeas and nays being required.,
B was determined in the affirmative. The yeas 3 9, «ays »1.5.
m
Those in the affirmative are,
Messrs.
Allen
B iker of Warren
Beall
Broadnax
Brown of Camuen
Brown of Monroe
Burney
Choice
Clapton Clark
Colfee
13 all
Footman
Frazer
Groves
Harman
Hendrick
Hoxey
Janes
Jones
Lawson
Love
Powell of Rabun
Porter
Ray
Scarborough
Scarlet
Those in the negative are,
Messrs.
Anderson Daniel
Blacks tone Foster
Blair Harris
Brown of Decatur Joice
Brockman Knight
Smith
Strawn
Tennille-
Thomas
Tipptns
Walker
White
Witt
Wellborn
"Williams
Wimberff
Wooten
Young
Mitchell
Powell of Mcintosh
Sellers
Wynn of Gwinnett
Wyun of Hall
The senate resolved itself into committee of the whole an the bill
to appoint trustees for the poor school tund for the countv of Lowndes,
and vest the funds of the Lowndes county academy in the same, Mr?
St arlet in the chair.
The president resumed the chair, and Mr. Scarlet reported the bill
%ithout amendment.
The senate took up and agreed to the report.
And the bill read the third time and passed.
The senate resolved itself into a committee of the whole, on the
bill to separate and divorce Dennet Taylor and Cynthia his wile, Mr.
Smith in the chair.
The president resumed the chair, and Mr. Smith reported the bill
without amendment.
The senate took up and agreed to the report.
The bill was read the third time.
And on the passage of the same, the yeas and nays being required
it was determined io the affirmative. The yeas are 39, nays i2.
Those in the affirmative are,
Messrs.
Allen Frarer
Baker of Warren Harmon
Beall Hendrick
Broadnax H^xey
Brown of Camden Jaues
B own of Decatur Lawson
Brown of Monroe. Love
Stokes
Strawn
Tennille
Thomas
Tipping
Walker
White
m
Aurney Powell of Rabdn Wilt
Ctioice Porter Wellborn
Clayton of Clark Ray Williams
Coffee Scarborough Wimi>rrly
Dvall Scarlet Wooten
Footman Smith Young
Those in the negative are,
. Messrs.
Anderson Fostec Mitchell
Blair Harris Powell of Mcintosh
Brockmaa Joice Wynn of Gwinnett
Daniel .Knight Wynn of Hall
The senate resolved itself into a committee of the whole on the bit!
to separate and divorce Patsey Crocket and Eiias Crocket her hus-
band, Mr. Wellborn in the chair.
The president resumed the chair, and Mr. Wellborn reported the
bill with&ut amendment.
The senate took up and agreed to the report.
r The bill was read the third time.
And on the passage of the same, the yeas and nays being required;
it was decided in the affirmative, The yeas are 38, the nays 1#.
Those in the affirmative are,
Messrs.
Allen Frazer Stakes
Baker of Warren Harmon Strawn
Beall Hendrick Thomas
Bioadnax Hoxey Tippins
Brown of Camden Jones Walker
Brown of Decatur Lawson W;hite
Brown of Monroe Love Witt
Burney Powell of Mcintosh Wellborn
Choice Powell of Rabun Williams
Clayton of Clark Porter Wimberly
Coffee / Scarborough W ooten
Dyall / Scarlet Young
Footman Smith
Those in the Negative are,
Messrs. /
Anderson Harris Ray
Bl air Janes Set lars
Brock man Joice Wynn of Gwinnett
Daniel Knight; Wynn of Hall
Foster Mitchell
The Senate adjourned until to-morrow morning 10 o'clock.
128
11IUR8T) IY, November 30, P&2&
IPhe honorable Senator from the county of Camden, had leave bf
absence until Monday next.
The honorable senators from Jasper, Twiggs, and Houston, had
leave of absence after to day for a few days.
Mr. Ckvton of Clark, from the committee to whom was referred
the proposition of Mr Thompson Shepherd—-Reported,
That they have had the same under consideration, and that inas-
much as there is ano her proposition for the same property, they re-
• co mend that the Governor be authorised and requested to appoint
some fit and proper person to lease ohi said property to the highest
bidder, at the Spring, for the term of years—the person Appoint*
ed first giving thirty days notice of the time and place of said leasing'
Which was read and ordered to lie on the table*
On motion of Mr. Hoxey,
The senate took up the report of the committee on the petition of ,
Susan Sturgess widow of Daniel Sturgess, late Surveyor General*
allowing her the sum of four hundred and sixty five dollars, for ser*»
vices of her deceased husband.
Which was read and agreed to.
Mr, Black stone presented the petition of a number of citizens of
Crawford county, relative to the right of Wen Floyd and Jonn Rolen
to draws in the approaching land lottery
Which was read and referred to a comwiti.ee consisting of messts«
Blackstone, Witt, and Walker.
The senate took up the report arid resolution from the house of
eepresent&tives, upon the petition of Samuel Brooks, Esq. one of the
•sectional surveyors.
Which was read and amended to read as follows:
Whereas, it appears the said Brooks was stopped, and the p^o-
gress of his survey suspended by a party of Indians, for the space of
32 days on expences.
Resolved therefore, That the said Samuel Brooks, Esq. be, and be.
is hereby, compensated fot his time lost, and experips, in the sura of
So dollars, and that the same be inserted in the appropriation act—
And to John T. Forth a sectional surveyor, the like sum, lie having
been similarly situated. \
Which was read and unanimously disagreed to.
Mr. Foster from the committee appointed, reported a bill to give
the inferior court of this State, while si'ting for ordinary purposes,
concurrent jurisdiction with the superior court in granting writs of
partition to writs of dower, and to prevent suits brought by or against
executors, administrators, and guardians, from abating at the death;
bf ei her, and for other purposes.
Which was read the first fciraoi
1£9
Mr. Coflfee agreeably to a notice of Mr. Wlkite, moved for the ap*
pointment of a committee to prepare and report a bill ~to divide the
co&nty of Upson into election districts.
Ordered, That messrs. Cottee, Blackstone, and Broadnax, be that
committee.
Or? motion of Mr. Clayton of Clark,
Jlesolved, That the solicitor general of the Ocmulgee circuit be,
and he is hereby, instructed to suspend all proceedings on the part of
the State, against Wen. W, B'own, for the term of one y<5$«- from the
first day of January next, for the amount due the State by said Brown
fo one year's rent of the ferry across theOcmulgee river, at Mai on;
Provided, '.he said Win W, Brown shall pay the interest due on said
debt, and that he give further security, if required by «?e aforesaid
solicitor general: And provided, that nothing herein contained, shall
prevent the immediate collection of said debt, if the securities already
bound, do urge the same.
Mr. Walker, from the joint committee on the State of the Republic,
to whom was referred so inuch of the message of his Excellency the
Governor, as relates to the dividing line between this State and Ala-
bama, having carefully examined the accompanying documents—Re-
ported,
That in conformity with the resolution of the General Assembly,
the Governor on the 25th June last, appointed Richard Blount, Joel
Crawford, and Everard Hamilton, PNqrs, Commissioners to run the
dividing line between this State and Alabama, agreeably to the stipu-
lations of the first article of agreement and cession entered into be-
tween the United States and Georgia, on the 16th of June, 1802—and
that Messrs. B'ount, Crawford, & Hamilton, accompanied by a skdful
mathematician, the engineer of the State, a surveyor, and a compe-
tent number of laborers, and every way prepared to execute 'he pur-
pose of their appointment, attended at the time and place previously
agreed on by the Governor's of the respective States, and were met
by one only of the Commissioners on the part of Alabama As the
attending commissioner from Alabama declined, while his colleague
was absent, to enter into a discussion as to the place from which the
line should commence—the only point of difficulty—.it was agreed to
run a random line from a bend in the Chattahoochie near Fort Mitch-
ell, to Nickajack, when it was expected every thing preliminary to the
actual demarcation of the line would be adjusted.
This random line was run; and at Nickajack the absent comtmss.
sionerof Alabama having arrived , an exchange of powers by the res-
pective parties took place, and a discussion was entered into on the
subject of the exact point of departure from the Chattahoochie. It
had been ascertained by actual survey in running the random line,
that the first great bend in the river, next above the mouth of the
Uchee, from which a right line would run to Nickajack without touch,-
ingthe river, was.the Big Shoal or Miller's Bead ; and this the com-
missioners on the part of Georgia contended was the bend at which
9
the line should begin* The commissioners of Alabama considering
the Uchee as an unimportant circumstance in ascertaining t»e point
of departure, insisted on the great bend, where the direction os the
river is changed from south west to south, as the place of beginning,
and rested their arguments on the facts that the Cussetah and Coweta
towns are above the Uchee, and that above Miller's Bend and below
the great bend named by them, there is a stream emptying into the
Chattahoochie on the western side, called the We hat kee, said best
to answer the description of Uchee mentioned in the articles of ces-
aion. This discussion having continued for some time* and it being
pretty well ascertained that neither party would recede from the po«
sition assumed, the commissioners ot Georgia gave notice to those of
Alabama, that they should terminate a conference which was likely to
prove so fruitless, and proceed to run the line to the Big Shoal or
Mdier's Bend, which they accordingly did, unaccompanied by the
commissioners of Alabama. It is deeply to be regretted that there
should exist such ambiguity in the articles of cession, as to leave any
doubt on the subject of boundary ; a subject in which the least un-
certainty is always embarrassing—but your committee believe this
ambiguity which evidently arose from the imperfect knowledge had
b> tne commissioners who negotiated the cession of 1802, of the topo-
graphy of the country through which the line was to run and of the
relative situation of Nickajack and the other extreme of the line, is
not so great but that the meaning of the parties to that instrument
may be arrived at with sufficient certainty.
Previous to the cession of 1802, (he western limit of Georgia was
.Mississippi river; but the people of Georgia contemplating a sale to
the United States of a part of their western territory, and desirous of
fixing permanently the bounds which should limit the power of the
Legislature ;oseli and dispose of their territory, and of establishing
permanently the boundaries of the State, carefully expressed in the
Constitution of 1798 what those limits and boundaries should be.—
By a reference to the 23d section of the 1st article of the Constitu-
tiori, it is seen that the whole of the Chattahoochie is reserved to Geor-
gia. This, which is the supreme law of the State, must have been
known to the commissioners who negotiated the cession of 1802 ; and
it ss fair to presume reference w s bad to it, for we find that though
they depart fiora the authority and power given by the acts of 1799
and 1800 on that subject, yet they adhere to the provisions of the Con*
stirution, and cautiously preserve to Georgia the whole of the Chaua-
hoechie river.
The commissioners in their negotiations having pursued a medium
course between what was prescribed bv the acts of 1799 and 180Q
and regarded the Constitution under which those acts were passed)
may be presumed apart ft era all other evidence, to have intended the
line to leave the Chattahoochie at the first point above the mouth of
Uchee cretk, from which it would run to Nickajack without touil ing
the river, as the line must be a right line: and from the survey made,
it appears that Miller's, ir the Big Shoal Bend is that point. That a
be d still lower down the river, and in the neighbourhood of Fort
M;*.■■•hell > as supposed to be (bat point, and the bend designed by the
commissioners, appears from the concurrent testimony and assent ftfr
131
more than twenty years of all those best acquainted with the country
through which the line was to run, and with the negotiation between
the United States and Georgia. That the great bend where the river
changes its general direction, or the general western bend, or the most
western bend, as it is frequently called, was not designed, is apparent
from this ; that this bend was well known and named as one of the
points of limit in the act of 1799—which act was certainly not con-
formed to by the commissioners—and the bend named in toe articles
of cession is designated as if to distinguish it from that bend. "The
great bend thereof, referring to the Chattahoochie, and next above the
place where a certain creek or river called Uchee being the first con-
siderable stream on the western side above the Cussetah and Coweta
towns, enters, into the Chattahoochie river.'* Now it is hard to con-
ceive why if this great or greatest bend, a place well knowD, had been
intended; the Uchee creek and the Coweta and Cussetah towns,
sixty miles distant should have been referred to, more clearly to de-
signate it From the whole view of the subject, your committee are
of the opinion, that the line run is the true line; and they entertain
too high a respect for the good sense, j ustice, and magnanimity of the
citizens of Alabama, to believe for one moment that a difference of
opinion will be entertained bv the two States, after the whole grounds
of dispute shall have been maturely and deliberaely considered by
them. Your committee, therefore, recommend the adoption of the
following resolution:
Resolved by the Senate and House of Representatives of the State
of Georgia in General Assembly met, That the line run and marked
from Nickajack to Miller's Send, on the Chattahoochie,* is the true
line contemplated by the articles of cession of 1802, .between the
United States and Georgia, and that it be recognised as such by the
Siate of Georgia.
Which was read and agreed to.
Mr, Walker from the committee on the State of the Republic, to
whom -vas referred the. consideration of certain amendments to the
Constitution of the United Jtaies—Reported the following resolu-
tions:
Resolved by the General Assembly of the State of Georgia, That
the amendment proposed by resolution of the General \ssetubly of
the State of Tennessee, passed Nov. 25th, 1825, on the subject of
electing the President and Vice-President of the tin ted States, bo
disapproved.
Resolved, That this Geneial Assembly do approve of the othe£
amendment proposed by the General Vssemoly ot the Siate of Ten-
nessee, passed as aforesaid, providing that no mjmber of Oongre-S
shall be eligiole to any office wirhin the gift or nomination of the
President of tne United States, during the period for which ne shall
have been elected, and for six mo dh- thereafter, except appointments
in the regular army or navy of the United states.
Res dved, That his Excellency the Governor be, and he is hereby
requeued, to transmit a copy of the foregoing resolutions to the Go*
■
132
vernor's of the different States, and to our Senators and Represeil*
tatives in Congress.
Which was read and ordered to lie on the table.
Mr. Jones from the committee t<f whom was referred the petition
of Henry Me Call—Reported, •
That they have had the same under consideration, and believe rhafc
the praver of the petitioner is reasonable and ought to be granted, so
far as to give him a draw or draws, as his case may be, as though he
had never drawn in a previous lottery.
Which was read and ordered to lie on the table.
The-honorable senator from the county of Decatur had leave of ab*
sence after to day, until Monday nest.
On motion of Mr. Seliars,
The senate took up and pgresd to the report of the committee of
the whole on the bill for the relict of John C. Gallman, a revolutionary
soldier. ;
The bill was read the third time and passed.
Mr. Hoxey, from the committee appointed, reported a bill for the
relief of John Kimbrough, of Butts county.
Which was read the first time.
Mr. Janes presented the petition of a number of citizens of War-
ren and Wilkes counties, praying to be added to the county of Talia-
ferro.
Which was read and referred to a committee consisting of nrnssrs.
Janes, Baker of Warren, Wooten, Wimberiy and Wynn of Gwinnett-
Mr. Jones presented the petition of Thomas Elliott, a revolutionary
soldier, praying for draws in the land lottery.
'•Wach was read and referred to a committee, consisting of Messrs.
Jones, Wynn of Hail, and Young. v
The senate on motion of Mr. Hendrick, took up the resolution re-
ferrirtg the penitentiary system of this State to the people, for an ex-
pression of opinion by them at the next general election.
Which was read—And on motion to agree thereto, it was deter-
mined in the negative.
And the yeas and nays being required are—yeas 16, nays 35.
Those who voted in the affirmative are,
Messrs.
Anderson
Beail
Broatlnax
Brown of Camden
Barney
Coffee
Foster
Frazer
Joice
Mitchell
Hendrick
Powell of Mcintosh'
Powell of Rabun
Smith
Strawn
Wellborn
133
Those in the negative- are,
Messrs.
Allen
B i :er of Warren
BUir
Brown of Decatur
B )//n of vlonroe
Brock man
Cargdle
Choice
L!!iiy ton of Clark
I) iniel
Dyall
Law son
Love
Matthews
Porter
Raj
Scarborough
flora
Hoxey
Janes
Jones
Knight
Scarlett
Sellers
Tennille
Tipping
Walker
Witt
Williams
Wimberiy
Woo ten
Wynn >f Gwinnett
Wynn of Hail •
Harmon
Toe following message was received from the house of represenfa-
Jives, by \lr. Dawson, tbeir cierk, to wit:
Mr. President,
The House of Representatives have agreed to the amendment of
lenate, to the bill of the House, entitled an act to extend the tune
>r fortunate drawers in the land lotteries of 1818, 1819, and 1821,
> take out their grants, and reduce the present price on lottery grants
-ilso to the amendment of the bill of the house, to authorise eer-
in commissioners therein named, to raise by lottery a fund tor the
e uion ot monuments to the memory of Greene and Pulaski, ir. the
tv of Savannah.
And the amendments of Senate to the bill of the House to author-
; eerttii persons to plead and practice in the several courts of law
1 equity in this State, on certain conditions, by oilering an addi-
ma! am ndmerit to the amendment of Senate.
To which they desire concurrence.
The House of Representatives have passed the following biilss
wit:
1 bill to legitimate and change the name of Joseph P. Long to that
Joseph Parsons.
i hill to amend so much of an act to regulate general elections of
; S ate, and to appoint the time of the meeting of the general as-
uiy, so far as relates to Henry.
A bill to alter and amend the road law in reference to the liability
commissioners, and for other purposes, so far as respects the coun-
of Klbert.
V bill to incorporate the Oak Grove Academy, in the county of
V bili to legitimate William Rose, formerly William Flaritv, and
inke him tie legal representative of Thomas G Ro^c, of Upson
inty.
t. biil to authorise a lottery for the benefit of Wrightsborough
uletny, in^Columbia county.
134
A bill to amend an act entitled an act to enable feme covert#
convey their estates, and for confirming and making valid all con*,
auces and acknowledgements heretofore made by feme t overts, p#|
ed April 24'h, 1760, So tar as the same relates to teme coverts cony,
ing their dower.
A bill to change the name of John Beller to John McDaniel.
A bill to incorporate Corinth Academy, in Baldwin county.
A bill to amend an act appointing vendue masters, for the city
Augusta, passed 21st December, 1819.
And a bill to amend an act, passed 9th Dec. 1824, to lay off* Em#
yel county and Tatnall into election districts, so far as respects|
county of Emanuel.
The Senate took up so much of the message as relates to|
amendments made by the house of representatives to the amending
of senate, to the bill of the house of representatives, to author
certain persons to plead ar>d practice in the several courts of law#
equity in this State, on certain conditions—Which amendments |
read and concurred in. ?
Ordered, That the Secretary return said bill forthwith to the ho
of representatives.
Mr, Knight from the committee on enrollment reported as dulyJ
rolled and signed by the speaker of the house of representatives,!
following acts:
An act to incorporate the ToWaliga Academy, in Monroe cow
An act to explain and amend an act, passed on the 24ihdaj
Dec. 1825, entitled an act to lay out a new county, to be compost)
the counties of Wilkes, Warren, Hancock, Greene, and Oglethm
and to provide for the organization thereof.
An act to authorise certain commissioners therein named, to eg!
lish a lottery tor the purpose ol raising the sum of $2500, for
purpose of aiding and assisting the funds of the Eatontou Acade
m the county of Putnam.
An act to authorise the justices of the inferior court of the cm
ot Franklin to levy an extra tax, for the purpose of building aa
house.
An act to alter and amend an act, passed Dec. 24th 1825,tooij
ise the counties of Thomas and Lowndes, so far as respects theb
ing of courts and elections at the house of Sion Hill.
An act authorising certain commissioners therein named to I
by lottery a fund for the erection of monuments to the meow
Greene and Pulaski, in the city of Savannah,
An act to separate and divorce Anna Moon and James Moo)
husband.
An act to extend the time for fortunate drawers in the hud
tenes ot 1818, 1819, and 1821, to take out their grants, and tort
the pr sent price on lotter grants.
An act to continue in force an act entitled an act to revfco
ame d the several land acts now in force in this State, in rela*i<
vacant lands and lands surveyed on head rights dnd bounty w«W
passed the 17th day ot Dec. 1825,
135
An act for the relief of James Cartledge, tax-collecior of Colufnbia
county. and administrator of Ayres Cartledge, late tax-collector of
said county.
An act to alter and amend an act entitled an act for appointing
commissioners for ascertaining the boundaries of the towns and com*
moos of Brunswick and Fredrica, in the county of Glynn, passed the,
21st of February, 1796.
An act for the relief of the heirs of Wm. Bacon, deceased.
An act to incorporate the Jefferson Academy, in the county Or
Newton, and to appoint trustees for the same.
An act to Icgitimatise and change the name of Alexander Meads
to that of Alexander Herrington—and,
An act to incorporate the Flat Shoal Academy, in the county of
Jones.
Ordered, That the committee on enrollment do carry said acts to
his Excellency the Governor for his assent.
The bill to authorise the present tax-collector of the county of
Baker to collect the tax due from the citizens of said county for the
year 1825.
And the bill to appropriate money to reimburse C. R. Parker, fdr
the taking of the portraits of Washington, Franklin, Jefferson, Da
Fayette, and Oglethorpe*
Were read the third time and passed.
The senate resolved itself into a committee of the whole on the bill
further to define the duty of executors in the probate of wills, Mr.
Witt in the chair.
The president resumed the chair, and Mr. Witt reported that they
had disagreed to the bill.
The senate took up and agreed to the report.
The senate resolved itself into committee of the whole on the bill
to legitimatise and change the name of George A. Wilson to that of
George A. vtilhcan, Mr. Wynn of Gwinnett, in the chair.
The President resumed the chair, and Mr. Wynn reported the bill
without amendment.
Ordered, That the report lie on the table.
The senate resolved itself into committee of the whole, on thfr
bill to alter the time of holding the superior court ia the county of
Columbia, and the winter session of the inferior court, and for other
purposes, Mr. Wynn of Hall, in the chair
The president resumed the chair, and Mr. Wynn reported the
bill with amendments.
The senate took up and agreed to the report.
The bill was read the third time and passed.
The senate resolved itself into a committee of the whole, on the bill
to create the office, prescribe the duties, and fix the compensation ojf
public printer, Mr. Sellers in the chair.
The president resumed the chair, and Mr. Sellars reported the bill
with amendment.
The senate took up the report
136
And on motion of Mr. Tlendrick to strike out one and a half
cents" in the fourth section of the bill, it was determined in the ne*.
gative.
And the jeas and nays being required, are yeas 22, nays 33.
Those in the affirmative are,
Messrs.
Anderson Coffee
Baker of Warren Foster
Beall Frazer
Blackstone Karris
Blair Hendrick
Broadnax Joice
Burney Matthews
Cargille
Those in the negative are,
. Messrs.
A'I en
Brown of Camden
Brown of Decatur
Brown of Monroe
Brockman
Choice
Clayf on of Clark
Daniel
Dyall
Footman
Barman
Mitchell
Powell of Rabutif.
Porter
Sellers
Sfrawn
Wellborn
Wootea
Horn
Hoxey
Janes
Jones
Knight
JLawson
Love
Powell of Mcintosh
Ray
Scarborough
Scarlet
Smith
Tennille.
Thomas
Tippius
Walker
"Witt
Williams
Wimberiy
Wynn of Gwinnett
Wynn of Ilall
Young
The report being agreed to—The bill was read third time.
And on the question "shall this bill now pass ?" it was determined
an the affirmative.
The
yeas and nays being required, are yeas 28, nays 25.
Those who voted in the affirmative are,
Messrs.
Allen
Brown of Camden
Brown of Decatur
Brown of Monroe
Brockman
Choice
Clayton of Clark
Daniel
Dyall
Footman
Harmon
Scarborough
Horn
Scarlet
Hoxey
Thomas
Janes
Tippins
Jones
Walker
Knight
Witt
Law son
Wimberiy
Love
Wynn of Gwinnett
Ray
Wynn of Hall
m
Those who voted in the negative are,
Messrs.
Anderson
Baker of Warren
BeaU
B> .ckstone
Bidr
Br< adnax
Barney
Cargille
Coffee
Foster
F .-azer
Harris
Powell of Rabun
llendrick
Joice
Matthews
Mitchell
-Poweii of Mcintosh
Porter
Smith
Strawu
Tennille
Wei i born
Woolen
Young
The senate resolved itself into a committee of the whole, on the
bill to lay off, define, and keep open the main channel of Flint river,
so as to prevent ihe obstruction of the free passage offish, and to ap-
point commissioners for the same, Mr. Harris in the chair
The president resumed the chair, and Mr. Harris reported pro-
gress and had leave to sit again.
Mr. Coffee, from the committee appointed, reported a bill for the
division of Upson county info election districts.
Which was read the first time.
Mr. Burney had leave to introduce insfanter a bill to amend the
penal code in this State, so far as relates to costs on indictments.
Which was read the first time.
The Senate adjourned until to-morrow morning 10 o'clock.
On motion of Mr. Foster.
The senate reconsidered so much of their journal of yesterday, as
relates to the passage of the bill altering the time of holding the su-
perior court in the county of Columbia, and the winter session ot the
inferior court, and for other purposes.
On motion of Mr. Daniel.
Toe senate reconsidered so much of their journal of yesterday, as
relates to,the passage of a bill to create the office, prescribe the du-
ties, and fix the compensation of public printer.
Mr. Scarlett laid on the table the following resolution :
Resolved, That his excellency the Governor be requested to pur-
chase six copies of the Georgia Justice for the u-ie ot Glynn county,
& forward the same with the acts and journals of the present session.
FRIDAY, December 1st. 1826.
138
The hnfcorabls senator from the county of Morgan, had leave of a
gence after to-day for a few days.
Mr. Clayton, of Clarke, from the committee appointed, reported a
bill for the relief of John Stewart, Floyd Stewart, and John T. Penn
df Oglethorpe county.
Which was read the first time.
Mr. Blackstone from the committee appointed, reported a bill for
the relief of Aven Floyd end John Rolen.
Which was read the first time.
The following bills were read the second time and ordered for a
committee of the whole:
A bill to give the inferior courts of this state, while sitting for of'
dinary purposes, concurrent jurisdiction with the superior court in
granting wnts of partition and writs of dower, and to prevent suits
brought by or against executors, administrators and guardians from a-
bating at the death of either, and for other purposes.
,A bill for the relief df John Kimbrough of Butts county.
A bill for the division ef Upson court'y into election districts.
A bill to amend <he penal code in this State, so far as relates to
dbsts on indictments.
The senate resolved itself into a committee of the whole, on the bill
to lay off, define, and keep open the main channel oj Flint river, so.
as to pi t-vent. the obstructions of the free passage of fish, and to ap-
point commissioners fur the same, Mr. Horn in the chair
1'he president resumed the chair, and Mr. Horn reported the bill
wifh amendment
Ordered, That the report do lie on the table.
The senate resolved itself into a committee of the whole on the
bill to amend the judiciary act of 1799, so far as relates to mortgages
on real estates. Mr. Tippirisin the chair.
The president resumed the chair, and Mr. Tippins reported the
bfiill without, amendment.
Tiie senate took op amended and agreed to the report.
The bill was read the third time and passed.
The senate resolved itself into a committee of the whole, on th©
bill to repeal the 9>h section of the 9r.h division of the penal code,"
Mr, VVynn, of Hall, in the chair.
The president resumed the chair, and Mr. Wynn reported the
bill with amendment.
The senate took up and agreed to the report.
The bill was read the third time under the caption of a bill to alter
and amend the 9ih section of the 9th division of the penal code of
this State.
And on the passage of the bill, the yeas and nays being retjuif^
ed, it was determined in the negative.
The yeas are 22, the nays are 27.
m
Those in the affirmative are,
Harmaa
Horn
Lawson
Matthews
Mitcnell
Powell of Mcintosh
Porter
Messrs.
Broad nax
Brown of Monroe
Cargiile
Choice
Clayton of Clarke
Coffee
D .ni el
footman
Those in the negative are
Messrs. -
Allen Brockman
Anderson Dyall
Baker of Liberty Foster
Baker of Warren Frazer
Beall Harris
Blackstone Hendrick
Biair Hoxey
Brown of Decatur Janes
Brown of Hancock Juice
Scarlett
Selles
Tenille
Tipplas
Walkx
Witt
Willi ms
Youni /
Knigit
Love
Powe
of Rabun
Scatt rough
Sti/itn
Stravi
Wooin
Wyn
Wjn
The senate resolved itself into a committee
bill to repeal an act further defining the duly of
passed the 9th day of December, 1824, Mr. Walk
The President resumed the chair, and Mr. W
bill without amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed,
of J
of Gwinnett
of Hall
be whole on the
cjllectors of taxes,
in the chair,
ker reported the
The senate resolved itself into a committee of he whole on the
bill to rent out certain reserves and improvemejs which may be
found to be fractions within the late acquired teritory, Mr. Witt in
♦he chair.
The president resumed the chair, and Mr. We reported the bill
with amendment.
The senate took up and agreed to the report. ,
The bill was read the third time and passed, uder the caption of
a bill to rent certain reserves ana improvements ij the late acquired
territory.
The senate resolved itself into a committee of
to repeal the 12th section of an act, entitled an a
distribute the lands lately acquired by the Unite
of Georgia, of the Creek nation of Indians, bj
concluded at the Indian Springs on the 12th da
passed the 9th day of June, 1825. Mr Hoxej
The president resumed the chair, and Mr.
bill with amendment.
The senate took up the report—when
On motion of Mr. Daniel to lay it on the tab| the balance of thf
session, it was determined in the negative.
e whole on the bill
, to dispose of and
States fot the use
a treaty made and
of February, 1825,
n the chair,
oxey reported the
140
The yeas and
iays being required are, yeas 23, nays '9.1.
Messrs.
A^en
Beall i
Brown of Monrcj
Coffee
Daniel
Dyali
Footman
Foster
Those who vote I in the affirmative are,
Frazer
Ilarman
Hoxey
Janes •
Knight
Lawson
Powell of Mcintosh
Sellers
Those who votjd in the negative are,
Messrs.
Anderson
Baker of Warrci)
B ackstone
Biarr
Broad nax
Brock man j
C argil ?e
Choice
Clayton of Clark
The report beir
The bill was red
And on the que li
in the affirmative
And the yeas a
Those in the afi mative are,
Messrs.
Anderson
Baker of Warren
B hick stone
Blair
Broad nax
Cargille
Choice
Clayton of Clark
Harris
Harris
Hendrick
Horn
Joice
Love
Matthews
Mitchell
Powell of Rabun
Porter
Stokes
Thomas
Walker
Williams
Wooten
Wynn of Gwinnett
Wynn of Hall
Ray
Scarborough
Scarlett
Smith
Strawn
Tennille
Tippins
Witt
Young
agreed to.
the third time,
ion " shall this bill now pass r" it was determined
1 nays being required, are yeas 26, nays 24:.
Hendrick
Horn
Joiee
Love
Matthews
Mitchell
Powell of Rabun
Porter
Ray
Those in the negjive are,
Messrs.
Allen "
Btdll
Brown of Monro
Bn/ckinan
Coffee
Daniel
byail
Footman
Foster
Frazer
Harmon
Hoxey
Janes
Knight
Lawson
Powell of Mcintosh
Scarborough
Scarlett
Smith
Strawn
Tennille
Tippins
Witt
Young
Sellers
Stokes
Thomas
Walker
Wiliams
Wooten
Wynn of Gwinnett
Wynn of Hall
141
Mr. Knight from the committee on enrollment, reported as duly ehr-
rolled and signed by the speaker cf the house o! Representatives*
the following acts :
An act to incorporate the St. Andrews society n the city of Au-
gusta.
An act to separate and divorce Patsey Crocket and Eiias Crocket
her husband.
An act to authorize certain persons therein named, to plead and
practice in the several courts of law and equity in this sta>e, under
Certain conditions.
An act to authorize the justices of the Inferior court cf Gwinnett
county, to remit a forfeiture incurred by Samuel Ellison.
Which were presented to and signed by the president of senate.
Ordered, That the committee on enrollment do carry said acts to
his excellency the Governor for his assent.
Mr. Janes presented the petition of a number of citizens of the
county of Hancock, praying to be included within Taliaferro county.
Which was read and referred to a committee consisting of Messrs.
Janes, Baker of Warren, Woolen, Wimberly, & Wynn of Gwinnett.
Mr. l?»-ockman presented the petition of Merndon Haralson of the
county of Greene, praying-a-draw in the. contemplated land lottery.
Which was read and referred to a commiti.ee consisting of Messrs.
Brockraan, Williams and Janes.
On motion of Mr. Williams.
Resolved, That the joint judiciary committee be, and they are
hereby respectfully requested to enquire with as little delay as prac-
ticable, into the propriety of altering 'he judiciary system of ibis
Z late, so as to make it laivful forcleiks and sheriffs to copy, serve
and return all writs and other process delivered To then) within fif-
teen days of their respective courts : Provided, That such writ or
other process extend not to bills in equitv, &c. and be returned by
the attorney twenty days before said court—and that they have leave
to report by bill or otherwise.
Mr. Walker had leave to introduce instanter, a bill to authorize the
justices of the Inferior court of Richmond county, commissioners and
overseers of roads, and contractors for the construction and repairs
of roads in said county, to enter upon the lands and Reinsures of in-
dividuals or of corporations, aad to take therefrom materials neces-
sary (or the construction and repairs of roads.
Which was read the first time.
Mr. Foster presented the petition of a number of citizens cf C o
Sumbia county, relative to the claims of Richard Junes upon the he-
ncvolcnce of the legislature.
Which was read and referred to a committee consisting of Messrs,
Foster,, Wooten, and Frazer.
142
Dn motion of Mr. Daniel,
The senate took up ami recommitted to a committee of the whole
house, the bill to create the office, prescribe the duties, and fix the
compensation of public printer:
The senate then resolved itself into a committee of the whole on
said bill, Mr. Coff.e in the chair.
I'he President resumed the chair, and Mr. Coffee reported pro-
gress and had leave to sit again.
TJte, senate adjourned until to-morrow morning 10 o'clock.
SATURDAY, December 2d, 1830,
v
The honorable senator from the county of Putnam had leave of
absence for to-day.
The honorable senators from the counties of Mcintosh, Walton,
And Hancock, had leave of absence after to day for a few days.
The honorable senator from the county of Jones, had leave of ab-
sence till Tuesday next.
Mr. Powell, of Mcintosh, from the committee on banks, to whom
was referred the report of the President of the Darien Bank,
Reported, That they have since received two other statements of
the affairs of said bank, the one by Thomas Spalding and James
Troup, esquires, directors, and the other by Widiaui \tkinson and
Jacob Wood, esq.iires, a committee appointed o make a deiailed
sta ement of the affairs of the institution. It is recommended tha:
these reports be printed for the use of the legislature.
Your committee are so divided in opinion, as to the policy to b :
pursued by the legislature in regard to the Darien Bann, that no sug-
gestion can be agreed upon. Taey do agree however, that the insii-
tution requires legislative interference, and accordingly recommend
the following resolution :
Resolved, That the several reports concerning the condition of the
Darken Bank, be referred back to the house from whence it emanated,
that when said reports are all published and laid before the members
of the legislature, such measures may be adopted as to that body may
seem best.
Which was read and ordered to lie on the table.
Ordered, That the prinmg committee htve printed 200 copies of
the additional reports of the state and condition of the Darien Bank.
143
Mr. Powell, of Mcintosh, from the committee to whom was refer*
rfid the report of the Planters bank, Reported,
Tiiat they have carefully examined <.he exhibit of said bank, and
take much pleasure in staing, that the affairs of said bank p esent a
sound and prosperous condition, and appears to be ably and faith-
fully managed, and deem it therefore entitled to the fullest public
confidence.
Which was read and ordered to lie on the table.
Mr. Brown, of Monroe, presented the petition.of a number of cifc-
ifcens of Jones county, praying the establishment of an election pre*
cinct.
Which was read and referred to a committee, consisting of Messrs. •
Brown, of Monroe, Hendrick and Hoxey.
Mr. Broadnax notified the senate, that after to day he would move
for the appointment of a committee to prepare and report a bill tp
authorize Stephen M. Ingersoll to build a bridge across the Chatftt-
hoochie river, at or near Kiunard's ferry.
On motion of Mr. Foster.
The senate took up the bill of the house of representatives, to aK
ter the time of holding the superior court in the county of Cotum-
bia, and the winter session of the inferior court, and for other pur-
poses, and recommitted it to a committee of the whole house.
The senate then resolved itself into a committee of the whole ot
said bill. Mr. Scarlett in the chair.
The president resumed the chair, and Mr. Scarlett reported the
bill with amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
Ordered, That the secretary do carry said bill forthwith to the
house of representatives, for their concurrence.
Mr. Brockman from the committee appointed, reported a bill for,
the relief of Herndon Haralson,*
Which was read the first time.
Mr. Janes from the committee appointed, reported a bill to add a
part of the counties of Hancock, Warren and Wilkes, to the county
of Taliaferro.
Which was read the first time.
The senate took up the resolution laid on the table by Mr. Scar-
l.ett, wuich was read and amended to read as folio - s, and agreed to.
Resolved, That his excellency the Governor be requested to pur-
chase six copies of the Georgia Justice far the use of Glynn county,
also four copies of the same and three copies of Prince's Digest for
the use of the county of Fayette, and forward them with the acts
and journals of the present session.
The following message was received from the house of represent
tatives by Mr, Dawson, their clerk.
144
Mr. President,
The house of representatives have concurred in the resolution of
senate, in behalf of Win. Bower), in relation to certain Africans
In the resolution requesting; the Governor to purchase and have
transmitted to the jus iocs of the inferior court of Liberty county,
four copiesmf the Georgia Justice for the use of said county.
In the resolution appointing; George Puilen a commissioner to keep
open the rivers for the free passage of fish, in the place trf Michael
Whatiey, deceased.
In the resolution appointing Matthew Caswell a commissioner to
examine the roads from Jenckesds b« idge on the Ogechee river, to the
town of Macon, Bibb county.
In the resolution appointing James R. Wiley and Thomas J. Ru-h,
trustees of the Clarkcsviile academy in the county of Habersham, iu
addition to those already appointed.
In the resolution tola- off six?y feet square on the commons of
Milledgevilie, on which the bath house stands, and to vest the use
and benefit thereof in Henry Darnel! for the term of ten years.
Unanimously in the report of the committee on the state of, the
republic, to whom the resolution .had been subr itted, directing and
enquiring into the expediency of again applying to tne general gov-
eminent, to renew the negotiation with the Cherokee Indians, with
a view to the extinguishment of iheir title to the land in their posses-:
sion, within the limits of Georgia, &e.
In the report of the committee to whom was referred the corres-
pondence of his excellency the Governor with the general govern-
ment, relative to the boundary line between Georgia and Florida, and
authorising the appointment of a commissioner to attend on the part
of Georgia.
In the resolution requesting the Governor to have each of the por-
traits in the State house covered in such mannei as he may think
proper, for the purpose of avoiding injury from dust, flies, &c.
In the resolution requesting his excellency the Governor to set a-
part a day of general thanksgiving and prayer, as suggestedin his
communication, and to adopt such measures as he may think proper
to carry the same into effect
In the report of the committee to whom was referred the commu-
nication of the Governor, in relation to the survey of the J 1th dist.
of Irwin county, now Lowndes, and allowing and requiring.the sur-
veyor to make such alterations as may be necessary in the correc-
lion of the errors or mistakes which may have been made, and to re-
turn the same to the surveyor general within six months.
They have par >d a bill for the relief of Benjamin T. Rees and
Talbot Rees of Columbia county.
They have agreed to a resolution in behalf of William-W. Oliver,
late tax collector of Scriven county.
To which they desire concurrence.
On motion of Mr. Coffee.
The senate again resolved itself into a committee of the whole
on tine oil! to amend an act, end led an act, amendatory of an act
passed the 9th day of June, 1825, to dispose of and distribute the
14$
.S&nds lately acquired by the United States, far the use of Georgia
ot (he Creek nation of Indians, by a treaty made and concluded at
tb" Indian Springs on the 12th day of February, 1825, Mr. Woo-
ten in the chair.
The president resumed the chair, and Mr. Wooten reported the
bill vvi h amendments.
The senate took up the report, and
On morion of Mr. Brock man to strike out the fourth section of the
report, which is in the following words, to-wit:
Sec 4. And be it further enacted, Thai all persons who shall
have resided in this stale three years immediately preceding he said
first day of January next, and who have served &■ a v<dun»eer from
tms State a tour of duty for three months or more in the .service of
tins State in the late w tr with Great Britain ar-d the I diuns, shall
be entitled to one draw in addi ion to those which they are entitl d
by the before recited acts, notwithstanding they may have drawn a
lot or lots in any previous lottery, and the persons appointed to car-
ry this act into effect, shall administer the following oath in lieu of
the oath prescribed by said recited acls, viz :
"I do solemnly swear or affirm, that I served a tour of duty for
three months or more in the service of this State, in the la'e wa s
with Great Britain and the Indians, and that I have resided thive
years within this State immediately preceding the iirstday of Jantt-
ary, 1827.
And on the question to strike out, it was determined in the affir-
mative—yeas 27, nays 24.
Those in the affirmatiae are.
Messrs.
Blackstnne
Brown of Decatur
Brown of Monroe
Brockman
Cargilie
Clayton of Clarke
Clayton of Pulaski
Coffee
Daniel
Lawson
Love
Horn
Janes
Knight
Dyatl
Footman
/l arris
Hendnck
Wynn of Hal!
Sellers
Smith
Thomas
Tippins
Walker
Wooten
Powell of Mcintosh
R ay
Those in. the negative arej
Messrs.
Allen
Anderson
Bixer of Warren
Joice
Jones
Frazes
Hartnan
Scarborough
Spann
Scadett
Strawn
Witt
Williams
Wynn of Gwinnett
Young
Brail
Blair
Matthews
Mitchell
Powell of Rabun
Porter
B oadnax
Choice
Foster
Mr. Sellers then moved to insert the following additional sections
$owit:
&RNT. 40
146
And be it farther enacted, That all persons, including widows
and orphans, who have drawn a lot or lots of laud in any former lot*
tery, and the grant for the same by reason of its sterility, has not
been taken oat by the fortunate drawer, and has reverted to the
State, or which the drawer will not take the grant for, but will re-
turn the same to the State, shall be entitled to one draw in the pre*
sent contemplated lottery, provided said person comes within all the
other provisions of this act, and will take the following oath, to»wit:
"I, A B. do solemnly swear, that I am a citizen of the U. States,,
and have been resident in this State three years next immediately
preceding the first of January, 1827 ; that I drew a tract of land in
a former lottery, but on account* of the sterility of the same, I have
never taken out a grant for the same, and it is not my intention so to
do, and that I do hereby relinquish all right, title and claim to the
same, to the Sfate. And all persons of like description who have
families of the kind required by the act, to which this is amendatory,
and who will comply with the provisions of the foregoing section
and the aforesaid act, shall be entitled to two draws.
And the yeas and nays being required are—yeas 3, nays 45.
Those in the affirmative are,
Messrs,
Clayton of Pulaski Frazer
Those in the negative are,
Messrs.
Allen Dyall
Anderson Footman
Baker of Warren Foster
Bedll Harm an
Blackstone Harris
Blair lieodrick
Broad nax Horn
Brown of Decatur Joice
Brown of Monroe Jones
rockman Knight
Cargille
Choice
Clayton of Clarke
Coffee
Daniel
Lawson
Love
Matthews
Mitchell
Powell of Mcintosh
Sellers
Powell of Rabun-
Porter
Ilay
Scarborough
Spann
Smith
Strawn
Thomas
Tippins
W aiker
Witt
Williams
Wooten
Wynu of Gwinnett
Wynn of Halt
The following enacting clause was read, to wit:
" And be it further enacted, That all unmarried females not wid*
ows, of the age of eighteen years and over, shall be entitled to one-
draw upon taking the following oath, to wit;
I, A B. do solemnly swear that I am a single woman, and have
never been married, that I have resided three years in this State next
immediately preceding the first day of January, 1827, have never
drawn in any previous lottery, and have arrived at the age of eigk-
teen years—So help me God.
147
And on motion of Mr. Beall that the same be stricken out, it w-aEs.
determined in the negative.
And the yeas and nays being required, are yeas 23, nays 27*
Those in the affirmative are,
Messrs.
Allen
Dyall
Strawn
Anderson
Frazer
Thomas
Baker of Warren
Horn
Witt
Beall
Lawson
Williams
Blair
Love
W ooten
Brown of Decatur
Mitchell
Wynn of Gw'nneft
Brown of Monroe
Powell of Rabun
Young
Clayton of Pulaski
Sellers
Those in the negative are,
Messrs.
Blackstone
Foster
Powell of Mcintosh
Boad nax
Harman
Porter
Brockman
Harris
Ray
Cargitle
Hendrick
Scarborough
Choice
Janes
Spann
C'avton of Clarke
Joice
Smith
Coffee
Jones
Tippins
Daniel
Knight
Walker
Footman
Matthews
Wynn of Hall
Mr. Wynn, of Hall, then moved the following enacting clause^
to'wit:—
wJind be it further enaeted, That no illegitimate child or children
shall be entitled to any further rights extended to them."
And the yeas and nays being required, are yeas 25, nays 2
14*
Those in the affirmative are,
Messrs.
Allen
Anderson
Baker of Warren
Beall
Blair
Brown of Decatur
Brown of Monroe
Cargilte
Clapton of Pulaski
Harris
Horn
Janes
Joice
Knight
Love
Powell of Mcintosh
Powell of Rabun
Those in the negative are*
Messrs.
Blackstone Foster
Broad nax Frazer
Brockntan Harman
Choice Ilcndrick
10*
Scarlett
Thomas
Tippins
Witt
Willianw
Wynn of Gwinnett
Wynn ol Half
Young
Ray
Scarborough,
Spann
Sellers
148-
XI ay ton of Clark
Coffee
Daniel
Footman
Jones
Matthews
Mitchell
Porter
Smith.
Strawn
W aiker
Wooten
The president in the exercise of his privilege voted in the negjg
tive, and the amendment was disagreed to. '
The report being read through! was agreed to.
The bill was read the third time.
And on the question "shall this bill now pass?" it was deteroiiitt
ed in the affirmative.
And the yeas and nays being required, an yeas 3^, nays 16.,
Those who voted in the affirmative are,
Messrs.
Blackstone
B*own of Monroe
Brock man
Cargille
Choice
Clayton of Clarke
Coffee
Daniel
Dyall
Footman
Foster
Harman
Harris
Hendrick
Janes
Joice
Jones
Knight
Love
Matthews
Mrtcheil
Powell of Mcintosh
Porter
ltay
Scarborough.
Sp^nn
Scailett
Sellers
Smith
Strawn
Tippins
Walker
Wooten
Wynn of Hall
Those in the negative are,
Messrs.
Allen
Anderson
Baker of Warren
Beall
Blair
Breadnax
Clayton of Pulaski
Frazer
Horn
Lawson
Powell of Rabun
Thomas
Witt*
Williams
Wynn of Gwinnett
Young
The senate adjourned until Monday morning next 10 o'clock.
.MONDAY, December 4th, 1826.
Mr. llrockman had leave to introduce inslanter, a bill to authorise
John W Ribun to plead and practice law in the several courts of
law and equity in this State.
Which'was read the first time.
Mr. Clayton of Clark, had leave to report instanter a bill to amend
the 6th section of an act entitled an act to alter and amend an act,
passed the 2Sd Dec 1822; to distribute the bank dividend and other
nett proceeds of the poor s hooi fund amongst the different counties
in this State, passed tlm 22d Dec 1822, and also to amend an act to
distribute certain funds for the use of the several academies in this
Slate, passed the 23d of Dec. 1822.
Which was read the first time.
On motion of Mr. Blair,
The senate took up the reports upon the petitions of Daniel Led-
better and William if Boner and Joseph Watson.
Which were read aud ordered to lie on the table for th« present.
The following; bills were read the second time and ordered for a
Committee of the whole.
A bill for the relief of fletndon Haralson.
A bib for the relief of Aven Floyd and John Rolen.
A bill to authorise the justices of the inferior court of Richmond
county, commissioners and overseers of roads, arid contractors for
the construction and repairs of roads m said county, to cuter upon
the lands and enclosures of individuals or of corporations, and to
take therefrom materials necessary for the construction or repays of
roads.
A bill for the relief of John Stewart, Floyd Stewart, and John T.
Pern, of Oglethorpe county.
And a bill to add a pirt of thf? counties of Hancock, Warren and
Wilkes to the county of Taliaferro.
The senate resolved itself into committee of the whole, on the bill
to extend the jurisdiction in all cases to the chartered liraiis of the
State of Georgia, and for other'purposes, Mr. Burney in the dnir.
The president resumed the chair, and Mr. Burney reported pre-
gress and had leave to sit again.
The senate resolved itself into a committee of the whole on the
bill to make permanent the site of the public buildings in the county
of Early, and to name the same, Mr. Brown of Camden in the chair.
The president resumed the chair, and Mr, Brown rtported the hill
rrita amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
m
The seuate resolved itself into a commi'tee of the whole on the
bill to add the academy fund, to which the county of Baker is enti-
tied, to the poor school fund of said county, and fifty one dollars sixty-
two and a half cents of the poor school fund to which the county of
Early was entitled for the years 1824 and 1825, to the same, Mr.
Brockman in the chair.
The president resumed the chaic, and Mr. Brockman reported the
hill with amendment.
Ordered, That the report lie on the table.
The senate resolved itself into a committee of the whole on the
bill to amend the first section of an act entitled an act to amend and
consolidate the several acts which have been passed in relation to the
powers and privileges of the corporation of the city of Savannah,
and the hamlets thereof, and for other purposes therein mentioned,
passed the 24th day of Dec. 1825, Mr. Janes in the chair.
The president resumed the chair, and Mr. Janes reported the bill
With amendment
The senate took up the report.
And on motion of Mr. Tippins to lay it on the table for the balance
9f the session.
The yeas and nays being required, are—yeas 26, nays 24.
Those who voted in the affirmative are,
Messrs.
Allen
Alston
Baker of WarrctJ
Beail
Brockman
Coffee
Daniel
Dyali
Footman
Harman
Horn
lloxey
Joice
Jones
Knight
Law&on
Love
Scarborough
Smith
Thomas
Tippins
Witt
Williams
Wynn of Gwinnett
Young
Those in the negative are
Messrs.
Anderson
Blair
Broadnax
Brown of Camden
Brown of Decatur
Brown of Monroe
Burney
Cargille
Choice
Clayton of Clark
Clayton of Pulaski
Foster
Frazer
Harris
Janes
Matthews
Powell of Rabun
Porter
Spann
Scarlet
Sellers
Strawn
Wooten
Wynn of Hall
The senate resolved itself into a committee of the whole on the
bill to authorise and direct a further sale of lots in the town of Ma-
con, and to enlarge the commons of the same, Mr. Blair in the chaff.
The president resumed the chair, and Mr. Blair reported the bfll
with amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed".
451
The senate resolved itself info a committee of the whole, on the
bill to amend an act, to sell ar.d dispose of the States interest in lots
of land which have been, or may hereafter be, condemned as traudu-
lently drawn in the counties of Bibbi Houston, and others, Mr. YV;!«
iiams in the chair.
The president resumed the chair, and Mr. Williams reported the
bill without amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
The senate resolved itself into a committee of the whole, on the
bill for the relief of John Kirabrough, of Butts county, Mr. Harmon
in the chair.
The president resumed the chair, and Mr. Harmon reported tire
bill without amendment.
The seriate took up and agreed to the report.
The bill was read the third time and passed.
The senate resolved itself into a committee of the whole on the
bill for the relief ot Alfred Hoolittle,of Camden county, and Little-
berry Johns of Liberty county, Mr. Knight in the chair.
The president resumed the chair, and Mr. Knight reported the bill
with amendment.
The seriate took up and agreed to the report.
The bill was read the third time.
And on the question "Shall this bill now pass r" it was determined
in the negative.
O.i motion of Mr. Walker,
Resolved, That the secretary of senate be, and he is hereby, an-
thorisedlto employ an enrolling clerk in bis office during the remain-
der of the present session, whose pay shall In?, the same as other
clerks in .-.aid office and provided for in the appropriation law of the
present year.
Mr. Sellers laid on the table the following resolution:
Whereas, it frequently so happens, that from the increasing pope-
lution in the counties now laid out, or in new created counties, that
new created militia company districts are frequently laid out and
defined by a convention of militia "officers and judicial officers ap-
pointed for the same—
Be it therefore Resolved, That his Excellency the Governor be re-
quested to purchase and have forwarded to the clerk of the inferior
courts of said counties, a number of the Georgia Justices and of
Prince's Digest of the laws of this State, to allow at least one copy
of each to each district, whenever the same shall be certified and re-
quested by a majority of the justices of the inferior courts of said
counties, respectively—And that his excellency the Governor do pay
for the same out of the contingent fund-
Mr. Brown of Monroe, from the committee appointed, reported a-
bill to establish an election district m the county oI Jcnes, at the
Cross Roads, near Swepson Taylor's.
Which was read the fust time.
Mr. Knight, from the committee on enrollment, reported as duly
enrolled and signed by the speaker of the^heuse of representatives—
An act to appropriate money to reimburse C. R. Parker, for taking
the portraits of Washing on, Fianklin, Jtft'erscn, La Fayette, and
Oglethorpe.
Which was presented to and signed by the president of senate.
Ordered. That the committee on enrollment do carry saitp act to
bis Excellency the Governor for his assent.
Mr. Brown of Monroe, had leave to introduce instanter, a bill to
authorise Elijah Phillips to erect a biitlge or ferry acros s iheTuv.aijga
river, in Monroe county, on his own land, and to establish the toll
rates.
Which was read the first time.
Agreeably to notice, Mr. Broadnax moved for (tie appointment of
a commute? to prepare and report a bill to authorise Stephen .V.. in-
gresol to build a biioge across tire Chattahoochie liver, at or near
^Leonard's ferry.
Ordered, That raessrs. Broadnax, Witt, and Harris, be that com-
mittee.
The senate took up the message of the house of repiesentatives of
Saturday has-—and
i'he bill to legitimate and change the name of Joseph P. Long to
that of Joseph Parsons.
'I'he bill to amend an act, passed the 9ih day of Dec. 1824, to lay
©fi Emanuel county and Paioall into election districts, so tar as res-
peers the county of Emanuel—arid
The bill to enablement? coverts to convey their estates, arid for con-
firming and making valid ai! conveyances and acknowledgements
heietofure made by if me coverts, passed April 24ih 1760, so far as
the same relaies to feme coverts conveying their dower,
Were severally read the first time.
And the resolution respecting further proceedings against Wra. W\
Oliver, a defaulting tax-collector, of Sciiven county—-Was read and
concur red in.
The following communication was received frlun his Excellency-
the Governor, by Sir. Pierce, his Secretary :
Executive Department, ?
Georgia, 4ih JjeeemOtr, id20. j
The settlement of the country acquired by she tn a-y « th< Im ian
Springs, in the earlv part of the next year being an object of mucin
153- '
solicitude wifji our people,, am! embracing interests of considerable
importance in oiler respects, it is suggested to the Legislature to
take the requisite measures to a--sure the completion of the surveys
without delay,'and tor (bis purpose to prescribe a further limitation
to the period within which returns shall be made by district surveyors,
and to.authorise in case of accident, default,'or neglect on the part of
a'yof them, the subsdt.u ipn of proper persons to accomplish the
work and make the retunss within the time prescribed.
(Signed,) ' , G.'M. TROUP.
Which was read and referred to a committee consisting of mcssrs.
Clayton of Clark, Burney, and Williams.
Also .the following message was brought from the Governor, by
Mr. Pierce, his Secretary, informing the senate that the Governor hau
approved of, and signed the following resolutions:
One, for the benefit of Henry Darnell., I
One requesting the "President to take the preparatory steps for
holding a treaty with the Cherokee Indians.
One on the subject of running the Florida line.
One for the. relief of William Bowen.
One appointing Matthew Caswell commissioner of the road from
Jencke's bridge to Macon. ' ,
One appointing Jas. II Wylev and Thomas J. Rusk trustees of the,
Clarkesviile Academy. .
One on the subject of furnishing Liberty county with "Georgia
Justices." - 1 ■ / /' .
One that George Pullcn, of Newton county, be appointed commis*
Aioner to keep open the rivers for the free passage of tkh. j
f One that the portraits be covered—and i
■ One that a day of thanksgiving and piaycr b?"set apart,
The Senate adjpu'rned until .to-morrow morning 10 o'clock.
TUESDAY, December 5th, 1826.
On motion of Mr. Clayton of Clark, to reconsider so much of the
journal of yesterday, as relates to the laying; oh the table the balance
of the session the bill to amend the 1st section of an act entitled an act
to amend and to consolidate the several acts which have been passed
in relation to the powers and privileges of the corporation of the city
of Savannah, and the hamlets thereof, and for other purposes therein
mentioned, passed the 24th day of Dec. 1825.
It was determined in the negative.
And the yeas and nays being required .are—yeas 21, nays 30.
Those in the affirmative are,
Messrs.
Anderson
Biackstone
Blair
Broad nax
Brockman
■Barney
Cargille
Clayton of Clark
Foster
Frazer
Harris
Hendrick
Janes
Those in the negative are
Messrs.
Allen
Alston
Baker of Liberty
Baker of Warren
growny>f Camden
Brown of Decatur
Brown of Monroe
Choice
Clayton of Pulaski
Coffee
Daniel
Dyall
Footman
Harmon
Horn
Joice
Jones
Knight
Lawson
Matthews
Powell of Rabun
Strawn
Tennille
Wimberly
Wooten
Wynn of Hall
Love
Ray
Scarborough
Sellers
Smith
Thomas
Tippins
Witt
Williams
Wynn of Gwinnett
Mr. Brown of Camden, moved to reconsider so much of the journal
pf yesterday, as relates to the rejection of a bill for the relief of Al-
fred Doohtde, of Camdei county, arid Litiieberry Johns, of Liberty
county.
Which was determined in the negative.
On motion of Mr Powell of Rabun,
Resolved, That his Excellency the Governor be instructed to pur-
cha*e for the use of Rabun county, five copies of Hie Geytgia Justice,
and Iiave the same forwarded to said county with the laws and journ-
als of the present session, and that the same be paid for out of the
contingent fund.
155
,iOn motion of Mr. Clayton of Clark,
Whereas, from the smallness of the annual tax of Emanuel county
and the great difficulty on that account of getting any one to collect
the same, a practice has obtained in said county of conferring on one
and the same person, the appointment of both receiver and collector,
and suffering said officer to collect two year's taxes at the same time:
And wherags, Charles C. Jenkins was appointed receiver and codec-
tor for the years 1824 and 1825 of said county, and never received
his commission as collector until the month of July 1825, when he
immediately proceeded to the collection of the taxes for both of said
years, and received the same in Darien money, as said money was
then receivable at the public treasury—And whereas the Legislature
at their last session passed a resolution in the month of December,
declaring that said money should be receivable at the treasury until
the ensuing first of January, and after that time for all taxes of the
year 1824 that had been received by collectors, and said resolution
having passed so near the time when said money would cease to be
received, the said Jenkins had no notice of the same, and the taxes
which he had collected for the year 1825, according to the practice of
his county, to wit, $2^9, was refused to be received by the treasurer
on the 6th of February last, when lie applied to pay in the same—
Now as it would be unjust for said collector to lose the discount on
said money, for remedy whereof—
lie it Resolved, That the treasurer of the State be, and he is hereby
authorised to receive the said money collected by the said Jenkins as
the taxes for the year 1825 of tne county of Emanuel, any resolution
to tiie contrary notwithstanding.
The following bills were read the second time and ordered for a
committee of the whole.
A bill tb authorise Elijah Phillips to erect a bridge' or ferry over the
Towaliga river, in Monroe county, on his own land, and to establish
the toll rates.
A bill to establish an election district in the county of Jones, a$
the Cross Roads, near Swepson .Taylor's.
A bill to amend the 6th section of an act entitled an act to alter
and amend an act, passed the 23d. Dec. 1822, to distribute the bank
dividend, and other nett'proceeds' of the poor school fund amongst
the different counties in this State, passed the 22?1 Dec. 1823, and
also to amend the act to distribute certain funds for the use of the
several academies in this State, passed the 23d of Dec 1822.
A bill to authorise John W. Rabun to plead and practice law in the
several courts of law and equity in this State.
The senate resolved itself into a committee of the jvhoie on the bill
for the relief of Aven Floyd, and John Rolen, Mr. Scarlett in "the
chair.
The president resumed the chair, and Mr. Scarlet reported the Fiji
without amendment.
Ordered, That the report lie on the table.
1&t>
The senate resolved itself into a committee of the whole on the
bill for the redid of Herndon Haralson, Mr \ilen in the ehaii.
The president resumed tiie cnair, and Mr Allen reported the bill
without amendment.
Ordered, That the report lie or the table.
The senate resolved itself into commi tee of the whole on the bill
to authorise the justices of the inferior couit of Richmond county,
commissioners and overseers of roads, and con ractors for the con-
sfruction and repairs of roads in said coutnv, toentei upon the lands
and enclosu.es of individuals or of corporations, and to take there-
from materials necessary for the construction or repairs of roads, Mr,
Anderson in the chair.
The president resumed the chair, and Mr. Anderson reported the
bill without amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
The senate resolved itself into a committee of the whole on the
bi!l for the relief of John Stewart, Floyd Stewart, and John T. Perm,
of Oglethorpe county, Mr. Bea'll in the chair.
'The president resumed the chair, and Mr. Beail reported the bill
without amendment.
The senate took up and agreed to the report.
And the bill read the third time and passed.
The senate took np the raport of the committee of the whole on the
bill to create the office, prescribe the duties, and fix the compensation
of public printer—and ■ .
On motion of Mr. Anderson to lay it on the table for the balance
of the session, it was determined in the affirmative.
The senate resolved itself into a committee of the whole, on the
(bill to repei; I the 3d section of an act altering and amending an act/
entitled an act to alter and fix the time of holding the superior and
inferior courts in the several judicial circuits in this »ta(e,atid to add
the county of Madison to the northern, and the county of Bullock to
ibe eastern, and the county of Columbia to the middle circuit, passed
the M- h Dec. 1819, so far as relates to the time of holding the supe*
rior ecu»i.s of the middle circuit, and to provide for the compensation
of petit jurors attendant on the'superior courts of Richmond county,
■fir. Witt in (he chair.
The president resumed the chair, and Mr. Witt reported the bill
vvU.'i amendment.
The sen'are took up and agreed to the report.
The bill was read' 'the- third time,
And passed under the title of a bill lt to repeal the third section of
an act aiiering and amending an act entitled an act to alter and fix
the untie of holding the supenor and inferior courts in the several ju-
dicni csrcuib in this Sta>e, and to add the county of Madison to the
nori!}» n, Buliock to the eastern, and Columbia to the middle circuit,
passed I4th Dec. 1819, so fat as relates to the time of holding tbre
157'
superior courts of the middle circuit, and to alter the laws on the
subject of drawing and arranging grand and petit jurors, so tar as re-
lates to the county of Richmond."
The senate took up and agreed to the report of the committee of
whole, on the bill to define the liability of imiorseis of promissory
notes and other instruments, and place them upon the same footing
with securities.
The bill was read the third time.
And on the question "shall this bill now pass?" it was determined
ih the affirmative.
The yeas and nays being required are—yeas 34, nays 19.
Those in the affirmative are,
Messrs.
Allen
Foster
Scarlet
Alston
Frazer .
Sellers
Anderson
Barman
Smith
Beall
Hendrick
Tennilie
Blackstone
Horn
Walker
Brown of Monroe
Hoxey
Witt
Brocktnan
Janes
Wimberly
Choice
Love
Woolen
Clayton of Clark
Matthews
Wynn of Gwinnett
Clayton of Pulaski
Ray
Wyun of Hall
D all
Spann
Young
Footman
Those in the negative are,
Messrs.
Baker of Liberty
Coffee
Lawson
Baker of Warren
Daniel
Powell of Rabun
Blair
Harris
Scarborough
Brown of Camden
Joice
Stravvn
Brown of Decatur
Jones
Thomas
Burney
Knight
Tippins
Cargdle
The senate resolved itself into a committee of the whole on the
bill to amend the 14th section of an act, passed the 9th day o- June
1825, to dispose of and distribute the lands acquired by the United
States, for die use of Georgia, of the Creek nation of Indians., at a
treaty made and concluded at.the Indian Springs on the 12;h day of
February, 1825, Mr. Jones in the chair.
The president resumed the chair, and Mr. Jones reported the bill
with an amendment.
The senate took up the report.
And on motion of Mr. Anderson to lay the report on the table for
the balance of the session, it was determined in the affirmative.
And the yeas and nays being required are—yeas 35, nays 18,
15£
Those in the afiirmafive are,
Messrs.
Allen
Daniel
Alston
Dyall
Anderson
Footman
Baker of Liberty
Foster
Beall
Frazer
Blair
. Harman
Brown of Decatur
Harris
Brown of Monroe
Horn
Brockman
Hoxey
Burney
Janes
Clayton of Pulaski
Knight
Cargille
Lawson
Love
Matthews
Ray
Scarborough
Scarlet
Thomas
Tippins
Witt
Wintberly
Wyun of Gwinnett
Wyan of llall
Those in the negative are,
Messrs.
Baker, of Warren
Blackstone
Brown of Camden
Choice
Clayton of Clark
Coffee
He rid rick
J»ice
Jones
Powell of Rabun
Spann
Sellers
Smith
Strawn
'lVnnille
Wiik-r
W ooten
Young
Tbe senate resolved itself into a committee of the whole, 06
the bill to establish and regulate an additional election district in the.
county of Liberty, Mr. Harmon in the chair.
The president resumed the chair, and Mr. Harmon reported the,
bill without amendment.
The senate took up and agreed to the report.
The bill was read the thir d time and passed.
The senate resolved itself into a committee of the whole, on the bill
to amend the penal code in this State, so far as relates to costs en
indictments, Mr Brown of Camden, in the chair.
The president resumed the chair, and Mr. Brown reported the bill
without amendment.
Ordered, That the report lie on the table. ,
The president laid before the senate, a letter from the honorable
John Macpherson Berrien, relative to the publication of the debates
on the Federal Constitution.
Which was read and'with the memorial of Jonathan Elliot, referred
to a committee consisting of Messrs. Burney, Daniel, and Fooimad.
The message of the house of representatives of Saturday was taken
up, and the bills therein contained was read the first time.
Mr. Brown of Decatur, had leave to report ins'anter a bill to con*
sol id ate the academical and poor school fund set apart for Decatur
county, and the same become a poor school fund.
Which was read the first time.
159
The senate took up the resolution laid on the table yesterday by
Sir. Sellers—Which was read amended to read a follows, and Weed
to— ■ \
Whereas, it frequently so happens, that from the increasing popu-
lation in the counties now laid out, or in new cre&ed counties that
new created militia company districts are frequently laid out am de-
lined by a convention of militia officers and judicial officers appoint-
ed for the sam?-— 1
Be it therefore Resolved, That his Excellency the Governor bl re-
quested to purchase and have forwarded to the clerk of the inferior
courts of said counties, a number of the Georgia Justices an! of
.Prince's Digest of the laws of this S'ate, to allow at least one cop\ of
each to each district, wherever the same shall be certified and Vc-
quested by a majority of the justices of the inferior courts of sad
counties respectively—\nd that his Excellency do pay for the sale
out of the contingent fund : \
Provided, that unless the same be forwarded with the laws am
journals of the State, the expense of carrying the same to said couii
ties shall not be paid by the State, but delivered to the order of thi
inferior courts of any county entitled thereto, by any person applying
to his Excellency the Governor. 1
The senate took up the report of the joint judiciary committee on'
the petition of a number of the citizens of Elbert county—Which
was amended to read as follows, and agreed to:
The committee to whom was referred the petition of a number of
the good citizens of this State, concerning obstructions placed in their
pass-ways to their respective tracts of land, have had the same under
consideration, and beg leave to report—
That the common law in force upon this subject, to wit—the right
of ingress and egress to real property, is more full and explicit than
any statutory enactments could be expected to be on this matter, and
oiler the following resolution :
Resolved, That the committee be discharged from the further con-
sideration of said subject.
Mr. Clayton of Clark, from the committee appointed, reported a
bill to extend the time for district surveyors to make their returns in
the contemplated lottery, and to authorise the Governor to fill vacau-
cies in certain cases therein mentioned.
Which was read the first time.
The senate adjourned until to-morrow morning 10 o'clock#
46G
WEDNESDAY, December 6th. ISSfG? '
Oymtofiou of Mr. Spann.
Tie senate reconsidered so much of their journal of yesterday as
felalet', to the laying on the table the balance of the session, the bill
to attend the 14th section of an act passed ihe 9,h day of June,
18a to dispose ot and distribute, the lands acquired b* 'he Uni-
tedptates for the use of Georgia of'the Creek nadon of Indians at
a tJeaty made and concluded at the Indian Spring on the 12th day
of February, 1825. •
jbn motion of Mr. Scarlett
Revolved, That.both branches of the general assembly will con*
vine in the representative chamber on Saturday next, at 3 o'clock
i V|, fur the purpose of electing a .principal keeper and three in-
jpectors of the penitentiary. -
/ The following communication was received from his excellency
m& Governor by Mr. Fierce, his secretary.
I Execuiive Department, Georgia, ?
MilUdgeviue, 5th. JJecemb^r, i326 y
I submit to the legislature a communication this morning receiv-
ed from the Secretary of War of the United Slates, reqursing the
legislature of tips State to confirm a purchase made by the United
States of a site for an arsenal near Augusta* and to cede the juris-
diction of the state oyer the same, with the usual qualification.
Signed, G. M. TROUP.
Which was read, anil with the letter of the Secretary of War, re-,
f erred to a committee consisting'of Messrs. Walker, Witt and Ten-
nilie.
Mr. Coffee from the joint committee on finance, to whom was re-
ferred the consideration of causing the 'treasurer to make lists of the
numbers, letters, and dates of the bar k bills in the treasury, 7
Reported, That they have had the same under consideration;, and
are of the opinion that any arrangement* with banks for the purpose
of taking care of th& money of she state, would be attended with
great inconvenience to the monied transactions of the sfafe, and'
would certainly not be without its risks, so far as the solvency of the
banks might be concerned, a matter no*' altogether visionary,-,if every
other days experience can be relied upon—And as to taking such a
list of the bills as woufel answer any useful purpose, they believe it
would be a business of great labor which ought not to be imposed
upon the treasurer, without a suitable compensation, and-such com-
pensatioo ought not to be given by the state, for the object to be at-
tained by it is disproportioned, as *hey cone-ovo, to the expense of
the undertaking. They therefore recommend the loUowibg resolution:
I6i ,
"Resolved, That the committee be discharge*! from the furtHtet
consideration of said resolution. v
Which was read and agreed to.
Mr. Coffee further reported, that the committee oh finance to whom
was referred a resolution directing therri io enquire into the proprie-
ty of reducing the rate of interest in this state, after having had the
same under consideration, are of opinion that it is not expedient to
interfere with the law on that subject, and therefore recommend the
following; resolution : ,
Resolved, That the committee be discharged from the further con*
aideratioa of said reference.
Which was read and agreed to.
Mr. Coffee from the joint committee on finance, to whom was re*
ferred a resolution instructing them to inquire into the expediency of
imposing a tax oh money and exchange brokers, Reported,
That they have had the same under consideration, and ai;e of
opinion that it is proper and expedient that the said money and ex*
change brokers should be taxed, and therefore report a bill to tax mo-
ney and exchange brokers, or any other person by whatever name
called, who make a business or profession of buying or selling mo»'
ney or bank bills, or exchanging the same for a profit.
Which was read the first time.
On motion of Mr. Daniel.
The senate took tip the report and resolution of the house bf rep*
£esentatives, in favor of Mrs Catherine Proctor Limbert.
Which was read and ordered to lie on the table tor the present
The bill to consolidate the academical and poor school fund set Xs
part for Decatur county, and the same to becom® a poor school fund,.
Was read the second time arid ordered for a third reading.
The hill to extend the time lor district surveyors to make their re*
^urns in the contemplated lottery, ami to autrorisbe the Gtovefnoi* to
&11 vacancies in certain cases therein mentioned.
Was read the second time and ordered for committee of the whole..
The senate resolved itself into, a committee of the whole, on the
bill to give the Inferior court of this state, while sifting for ordinary
purposes, concurrent jurisdiction with the superior court in granting
writs of partition and writs of dower, and to prevent snits brought
by or against executors, administrating and guardians from abating at
the death of either, and for other purposes, Mr. Baker of Libert/, in
the chair. . <. .
: Trie president resumed the chair, and Mr. Baker reported the bill
with amendment.
When on motion io lay it on the table the balance of the session,
it vvas determinined in trie affirmative. ' '
The yeas and tiays being required, are yeas 49, nays 5.
Sen; i%
16£
Those in the affirmative are,
Messrs.
Allen
Alston
Anderson
Baker of Liberty;
Baker of Warren
Beall
Blair
Broadnax
Brown of Decatur
Brown of Hancock
Brown of Monroe
Brockman
Burney
Cargiile
Choice
Clayton of Clarke
Clayton of PulaskiJ
Coffee
Daniel-
Dyall
Footman
Frazer
Groves
Harman
Harris
Hendrick
Horn
Janes
Joice
Knight
Love
Matthews
Powell of Rabun
Those in the negative are,
Messrs.
Brown of Camden Hoxey
Foster Scarborough
Porter
Ray
Spann
Scarlett
Smith
Strawn
Tennille
Tippins
Walker
White
.Witt
Williams
Wooten
Wynn of Gwinnett
Wynn of Hall
Young
Sellers
The senate resolved itself into a committee of the whole, on the
bill for the division of Upson county into election districts, Mr,
Raker, of Warren in the chair.
The president resumed the chair, and Mr. Baker reported the bill
with amendment.
Ordered, That the report lie on the table,
The senate resolved itself into a committee of the whole on, the
hill to add a part of the counties of Hancock, Warren, aud Wilkes,
to the county of Taliaferro, Mr. Biair in the chair. ^
The president resumed the chair, and Mr. Blair reported the bill
without amendment.
The senate took up the report—-and
On motion of Mr. Knight to strike out the first section in the fojx
lowing words:
Be it enacted by the Senate and House of Representatives of the
State of Georgia in General Assembly met, and it is hereby enacted
by the authority of the same, That from and after the passing of this
act, all that part of Hancock adjoining the county of Taliaferro, ly-
ing north of a line beginning where the line taking off a part of
Greene county, intersects the r<>ad leading from Powelton to
Greenesborough, below and near Walls's old fort, thence down the
said road to Britain Simms's, thence a direct line to Isaac Battle's,
thence a direct line to Carter's bridge on the Ogechee river, be addfcti
tp and become a part of the county of Taliaferro..
It was determined in the affirmative*
MS
xne yeas
Those in the affirmative are,
Messrs.
Allen
Anderson
Baker of Liberty
Baker of Warren
Bealt
Blair
Broad nax
Brown of Camden
Brown of Decatur
Brown of Hancock
Brockman
Choice
Clayton of Pulaski
Daniel
Footman
Foster
Frazer
Harris
Hendrick
Horn
Knight
Ray
Scarborough
Spana
Those in the negative are,
Messrs.
Alston
Burney
Cargllle
Clayton of Clarke
Coffee
Dyall
Groves
Harman
Hoxey
Janes
Lova
Matthews
Powell of Raban
Scarlett
Sellers
Strawn
Walker
White
Williams
Wimberly
Wooten
Wynn of Gwinnett
Wynn of Half
Young
Porter
Smith
Tennilje
Thomas
Tippins
Witt
The second paragraph of the report being read in these words t
Jind be itfurther enacted, That all that part of the county of War-
ren, adjoining the county of Taliaferro, lying north west of a line
commencing at Carter's bridge on Ogechee river, thence down said
river to Hunter's bridge, thence along the road in the direction of
Washington to Cocrofts, thence along said road to William R. Luck*
ett's plantation, to where the old road that originally run from Alex*
anders mill on Ogechee intersects said road, thence along said old
road to the mouth of Beaverdam creek, be added to and become a
part of the county of Taliaferro.
On motion of Mr. Baker, of Warren, to strike out said paragraph,
it was determined in the affirmative. •
And 4he yeas and nays being required, are yeas 35, nays 20.
Those in the affirmative are,
Messrs.
Allen Daniel
Anderson Footman
Baker of Liberty Foster
Biker of Warren Frazer
Beall Harris
Blair Hendrick
Broad nax Horn
Brown of Camden Joice
11*
Scarlett
Sellers
Strawn
Walker
White
Wiliams
Wimberly
Wooten
464
iif'own of Decatur Knight
Brown of Hancock Ray
Rrocktnan Scarborough
Choice Spann
Those in the negative are,
Messrs.
Alston
Burney
Cargille
Clayton of Clark
Clayton of Pulaski
Coffee
Dyall
Groves
ilarman
Hoxey
Janes
Love
Matthews
Powell of Rabun
Wynn of Gwinnett
Wynn of Hall
Young
Porter
Smith
Tennille
Thomas
Tipping
Witt
The third paragraph of the report in the following words, being
read.
And be it further enacted, That all that part of the county of
Wilkes, adjoining the county of Taliaferro, lying south west of a
line commencing at Reaverdam creek, thence down Williams*®
creek to the bridge near Allison*s old ^tore, thence along the road to
Owen Holliday's, (making him a liner) thence on said road by where.
John Gibson formerly lived, John Lee's, near Phillips's bridge, thence
a direct line td the mouth of Powder creek on Little river, be added
to and become as a part of the County of Taliaferro.
On motion of Mr. VVooten to strike out said paragraph, it was de-
termined in the affirmative.
The yeas and nays being required are, yeas 35, nays 20.
Those who voted in
Messrs,
Allen
Anderson
Baker of Liberty
Baiter of. Warren
Beall.
Rfcnr
Rroadnax
Brown of Camden
Brown of Decatur
Brown of Hancock
Brockman
Choice
the affirmative are,
Clayton of Pulaski
Daniel
footman
oster
Frazer
Harris
Hendrick
Horn
Hoxey
Knight
Ray
Spann
Those who voted in the negative are,
Messrs.
Alston
Burney
Cargilfe
Clayton of Clarke
Coffee
Dyall
Groves
Harm an
Janes
Joice
Love
Matthews
Powell of Rabun
Porter
Scarlett
Sellers
Straw n
Walker
While,
Williams
Wimberly v
Wooten
Wynn of Gwinnett
Wynn of Hall
Young
Scarborough
Smith
Tennille
Thomas
Tippins
Witt
165
Ordered, That the remainder of (he report do tie on the table the
balance of the session.
The senate resolved itself into a committee of the whole, on (he
bill to authorize John W, Rabun to plead and practice law in the se-
veral courts of law and equity in this State, Mr. jjroadnax in the
chair.
The president resumed the chair, and Mr. Broadnax reported the
bill with amendment.
The senate took up and agreed to the report.
The bill was read the third rime arid passsd under the title of
A bill to authorize John W Rabun and Washington Gordon (o
plead and practice law in the several courts .of law and equity in this
State.
The senate resolved itself into a committee of the whole, on the
bill to amend the 6th section of an act, entitled an act to alter
and amend an act passed the 231 December, 1822, and to distribute
the bank dividend and other nett proceeds of the poor school fund
amongst the different counties in this state, passed 22d December,
1823 ; and also to amend the act to distribute certain funds for the
use of the several academies in this state, passed the 23d of i)ecem*
ber, 1822, Mr. Brown, of Monroe, in the chairi " '
Tne president resumed the chair, and Mr. Brown reported the bill
without amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
The senate resolved itself into a committee of the whole, on the
bill to establish an election district in the county of Jones at the cross
roads at Swepson Taylors, Mr. Choice in the chair.
/ Tha president resumed the chair, and Mr, Choice reported the bill
with amendment- ; ' -
The senate took up and agreed to the report.
The bili was read tne third time and passed under the title of
A bili to establish and regulate district elections in the county of
Jones.
The senate resolved itself into a committee of the whole, on the
bill to authorize Elijah Phillips to erect a bridge or ferry over the
Towaliga river in Monroe county, on his own laud, and to establish
the toll rates, Mr. Barney in the chair.
The president resumed the chair, and Mr. Buraey reported the bill
without amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
The senate took up the report of the committee'of the whole, on
the bill to lay oft* define, and keep open the main channel of FJiut
river, so as to prevent the obstruction of. the (ree passage of fisb, and
to appoint commissioners for the same.
Which was read, amended, and agreed to.
And the bill was read the third time and passed, under the title of
a bill to-lay oftl define, and keep open the main channel of Fiat riv-
166
Chattahoochie rivers, so as to prevent the obstruction of the free-
passage of boats and fish, and to appoint commissioners for the same,
and also to appoint one commissioner for the Ocmulgee river.
The senate took up and agreed to the report of the committee of
the whole, on the bill to amend the penal code in this state, so far as
delates to costs on indictments.
The bill was read the third time and passed*
The bill to extend jurisdiction in all cases to the chartered limits of»
the State of Georgia and for other purposes, was made the special or-
der of the day for Friday next.
The senate took up the report of the committee of the whole, on
fhe bill to legitimatise and change the name of George A. Wilson to
that of George a Millican.
Which was read, amended, and agreed to*
The bill was read the third time and passed, under the title of
A bill to legitimatise, and change the namts of certain persons
therein named*
The senate took up the report of the committee of the whole, on
tha bill to add the academy fund to which the county of Baker is en-
titled, to the poor school fund of said county, and fifty-one dollars
sixty-two and a half cents of the poor school fund to which the
county of Early was entitled for the years 1824 and 1825, to the
same.
Which was read, amended, and agreed to.
The bill was read the third time and passed, under the title of
A bill to add the academy fund to which the county of Baker is
entitled, to the poor school fund of said county, and fifty dollars and
seventy cents of the poor school fund to which the county of Early
was entitled for the years 1824 and 1825 to the same, and to autho*
riz,e the taking of the census of sundry counties in this state.
The senate took up the report of the committee of the whole, on
the bill for the relief of Herndon Haralson.
Which was read and disagreed to*
Mr. Walker from the committee appointed, reported a bill assent*
ihg to and confirming a purchase made by the United States of a
piece of land situated near Augusta, Georgia, and for ceding the ju-
risdiction over the same.
Which was read the first time.
^ Mr. Janes presented the petition of Collin Rogers, and the memo-
rial of Martin Simmons.
Which were read and referred to a committee consisting of messrs.
Janes, Baker, of Warren, and Wimberly.
Mr. Hoxey from the committee to whom wrs referred the petition
Of Joel Baley, Reported,
That they have had the same under careful consideration, and find
the following facts: That previous to the treaty of the Indian
m
Springs, said Joel Bailey had leased said Springs from Mcintosh for
twenty years, but in order to ficilitate the treaty and to secure the
state, the objects contemplated by the same, he relinquished his
lease to Mcintosh upon the express condition of retaining possession '
of the premises for two years for which he has to give four hundred
dollars per year, to be discharged in improvements upon the property.
They find that one thousand and twenty-four dollars of necessary
repairs and useful improvements have been placed upon the premis-
es the said Joel Bailey-—They also find that the Legislature di-
rected said property to ba leased for the years 1825 and 1826. One
year of said Baileys's lease being yet unexpired, and the said Bailey
not disposed to resist the acts of the state, quietly submitted to said
measure ; and in order to save himself in the preparations he had.'
made to remain the period of his two years lease, as well as to avoid
the great expense and inconvenience of removal, he was compelled
to rent said premises a second time from the state, for which he gave
his note for five hundred and fifty-one dollars. This statement of
faets, as your committee conceive, places the state under the obliga-
tion either to restore said note to ZJailey, or pay him for one half of
the improvements which he put upon the premises, by virtue of his
contract and lease with said Mcintosh, and as they are nearly equal
in amount, your committee recommend the following resolution :
Resolved, That the officer in whose possession the said note has
been placed, be authorised and directed to deliver the same to sttM
JSailey upon his application-
Which was read and ordered to lie on the table.
The senate adjourned until to-morrow morning 10 o'cldcj^-
1HUR8DAT\ December 1th, I8&,
On motion of Mr. Jones,
The senate reconsidered so much of their journal of yesterday, as
relates to the adoption of a resolution setting apart Saturday evening
next at 3 o'clock, for the election of a principal keeper, and three
inspectors of the penitentiary.
On motion of Mr. Daniel,
Resolved, That a committee be appointed to investigate the circum-
stances of the printing, with reports concerning the state of the Da-
rien bank, a certain private letter from Anson Kitrberly to Allen R.
Powell, together with other papers all unknown to the senate, whcffl
*68
ihe said reports were ordered to be printed, and that said committer
le authorised to send (or persons and papers.
Ordered, That messrs. Daniel, Beall, Tennille, Hoxey, Burney^
Witt, and Jones, be that committee.
Mr. Sellers presented the petition of the trustees of the Henry
munty Academy. *
Which was read and referred to a committee consisting of messrs*
•tellers, Clayton of Clark, and Janes.
"Mr. Janes from the committee appointed, reported a, bill to entitle -
MHrtin Simmons, and Collin Rogers, to diraws in the contemplate^
[and lortery. *
Which was read the first time.
TChe following message was received from the house of represent
Natives, by Mr. Dawson their clerk:
Mr. President:
The house of representatives have passed the following bi!I$,
to wit: -
\ bill to raise a tax for the support of Government, for the year
1827. !
A bill further to amend an act to incorporate a bank to be called
the bank of the State of Georgia, passed I6U1 Dec. 1815.
A bill to alter and amend an act to amend the 4th section of an act
to protect the estate of orphans, &c.
A bill to establish an additional election district in the county of.
Columbia. <
A bill to separate and divorce Mary Gorham, formerly Mary Avery
and Thomas Gorham her husband.
A bill to divorce and separate Johu Smith and Sarah his wife.
A bill to separate and divorce Hannah Norman, formerly Hannah
Andrews, and Sherwood Norman her husband.
A bill to repeal an act defining the duties of tax-collector, passed
9th December, 1824—and
A bill to establish free schools in the county of Gwinnett.
The house of representatives have disagreed to the amendments of
senate, to the bill of the house, to amend an act entitled an act amen-
datory of an act, passed the 9th day of June 1825, to dispose of and
disnibu e the lands lately acquired by the United States tor the use
of Georgia, from the Creek nation of Indians, &c., to strike out the
4th section of said bill.
And have disagreed to the additional section proposed by the sen-
ate, to entitle unmarried females over the age of eighteen years to
draw, &c. and respectfully ask the senate to recede from said amend-
ments.
• 'io all the other amendments of the senate they have agreed.
The house of rfepresen'a ives has agreed to all the amendments of
senate, to the bill of the house, to alter the time of holding the
i m
perior court in the county of Columbia, and the winter session of the
inferior court, and lor other purposes.
They have passed a bill ©t the house, to amend an act entitled an
act supplementary to an act more effectually to enforce an act, enti-
tied an act prescribing the mode of manumitting slaves in this State,
and also to prevent the inveigling and illegal carrying cut of the.
State persons cf color.
And a bill to organise the territory lately acquired from the Creek
Indians, lying between the Flis^t and Chattahoochie rivers, and west
of the Chattahoochie.
And they have passed the bill of Senate to repeal an act to lay oil"
the State into seven Congressional Districts, passed the 22d day of
December, 1825.
The senate took up the message from the house of representatives
on the subject matter of the disagreement of >he house to the amci: -
menlsof senate, to the bill to amend an act entitled an act amenda-
tory of an act, passed the 9th day of June 1825, to dispose of and
distribute the lands lately acquired by the United States, for the use
of Georgia, of the Cieek nation of Indians, by a treaty made and
corfciuded at the Indian Springs on the 12th day of Feb. 1825—arid
the 4ih section of the same being read,
On motiop that the senate do recede from their amendment, so far
relates to the striking out of said section, and concur with the house
gf representatives.
And the yeas and nays being required are—yeas 29, nays 29.
Those who voted in the affirmative are,
Messrs.
•Allen
Anderson
Baker of Warren
Brail
'Bsackstooe
Blair
Frazcr
Groi'es
1 loxey
Jones
H end rick
Tennille
Thou: as
White
Witt
Wellborn
Williams
Vv'iii.beiiy
Wynn of Gwinnett
Young
Clayton of Pulaski Spann
Foster Strawn
Broadnax
Choice
Powell of Rabun
Porter
Scscborough
Those who voted in the negative are;
Messrs.
Alston
Baker, of Liberty
Brown of Camden
Brown of Decatur
Brown of Monroe
Brock man
Burney
Cargille
Clayton of Clark
Co.%e
Harris
Horn
Janes
Joice
Knight
Love
Matthews
Daniel
Dyail
Harmon
Scarlet
Sellers
Smith
Wynn of Ijtafl
Tippins
Waiker
W ooten
Powell of Mcintosh
Ray.
170
The ye*s and nays being equal in number, the President voted in
the negative—So the senate adhered to said amendment.
The following amendment of senate, to which the house of repre-
sentatives had disagreed, was read—to wit;
And be it further enacted, That all unmarried females, not widows,
of the age of eighteen years and over, shali be entitled to one draw,
upon taking the following oath—to wit:
'* I, A. B> do solemnly swear that I am a single woman, and have
never been married, that I have resided three years in this State next
immediately preceding the 1st day of January, 18£7—have never
drawn in any previous lottery, and nave arrived at the age of eighteen
yeas—So help me God."
And on motion that the senate do adhere to said amendment:
The yeas and nays being required are—yeas 39, nays 30.
Those in the affirmative are,
Messrs.
Alston
Blackstone
Broad nax
Brown of Camden
Brockman
Cargille
Choice
Clayton of Clark
Coffee
pauiel
Footman
Foster
Harmon
Harris
Hendrick
Jtues
Jones
Knight
Matthews
Powell of Mcintosh
Porter
Ray
Scarborough
Scarlet
Smith
Tennille
Tippins
Walker
Wynn of Hall
Those in the negative are,
Messrs.
Allen
Anderson
Baker of Liberty
Baker of Warren
Beall
Blair
Brown of Decatur
Brown of Monroe
Burney
Clayton of Pulaski
Dyall
Fazer
Groves
Horn
Hoxey
Joice
Love
Powell of Rabun
Spann
Sellers
Strawn
Thomas
W hite
Witt
Wellborn
Williams
Wimberly
Wynn of Gw'inneti
Young
The President voted in the affirmative.
Ordered, That the senate do recede and concur with the house of
representatives in said amendment.
The bills contained in said message were read the first time,'
t7l
Mr. Walker, from the committee, on the State of the Republic, to
whom was referred that part of the Governor's communication and
the accompanying documents which relate to the treaties with the
Creek nation of Indians, and our differences with the General Gov-
ernment, have had the same under attentive consideration, and ask
leave to make the following RERORT:
The unfortunate misunderstanding between the General Govern''
went and the State of Georgia, has been marked by features of a pe-
culiar character, and plainly indicating a force and power in the for*
mer which should have formed the subject of concern, if not alarm,
to our sister States. But we regret to say that the very reverse has
been the fact, and a cold, if not a reproachful indifference, has taken
the place of much more deserved regard.
We are not unapprised of the influence of power, nor are we ira-
mindful of the forbearance claimed from weakness; but we did be*
lieve that the structure of the Federal Government was such, its fohn*
dations so laid, as we fondly hoped, in the best and most generous
feelings of the heart, as to have protected a sister State, if not from
injury and oppression, at Least from unnecessary insult and con*
tempt.
Your committee speaking, as it sincerely believes, the sentiments
of the Legislature of Georgia, cannot but imagine that our wrongs
are neither known nor felt, or if either, in so light a degree, as to be
entirely misunderstood by our sister States.—Entertaining, as we do,
the most exalted veneration for the Union, in reference to its govern-
ment, and the most unaffected attachment for the States in relation
to the kindred aft'ections, interests and habits which bind us together,
and believing that these bland relations are wholly reciprocal, we are
at a loss to conceive how our repeated complaints have fallen upon
the ear of such benevolence with so much apathy; and our remqp-
str&nces turued aside with so little concern, it cannot be accounted
for upon any other rational principle, than the one which is just sug-
gested.
It is not now the intention of your committee to betray a clamor-
ous spirit of complaint. The regard which they feel for the dignity
and honor of the State they represent, would, of itself, sufficiently
admonish them to avoid such a course; but when to this is added the
fact, which we can in great truth affirm, that we have not a single
discontent against the Federal Government, considered in relation to
its legitimate powers, there can be no necessity to swell our murmurs
beyond the immediate acts, which, as we conceive, have rather sprung
from the abuse, than the exercise, of acknowledged right. In the
good feeling and sincerity of the States, we have the most undoubted
confidence—in the integrity of purpose, honesty of motive, and fide-
Iity of service of the National Legislature, we cannot feel one dis-
trustful emotion. Before that body we believe we can be respectfully
heard, and to that body, we as firmly believe the crisis has arrived
when it becomes necessary to prefer a solemn appeal. And we would
premise, in a temper of perfect respect, bat of not less decisive earn-
estnegs, that jt is a sovereign, and not a subject that sues; it is an
m
equal an not an inferior that remonstrates; it is an independent mem-
ber of rhe Union, and not the subordinate creature of a family that
complains. It is uot for forfeited privileges we supplicate, but we
seek the redress of violated rights, and in this, we. cannot for a mo*
ment suppose, that the States in Congress assembled, could desire to
see us approach them in any other manner than that of an open, hon-
est and confident avowal of our grievances.
The Executive Department of the General Government has, in fact
and principle, distinctly asserted, that the States have not the exclii-
sive jurisdiction of the soil within their chartered limits; that the
^Indians and :he territory occupied by them, within the recognised
and admitted boundaries of States, originally independant, and so
acknowledged by Great Britain, belong to the exclusive management
and control of the General Government; and that the States have
no right to exercise jurisdiction over the one, or interfere with the
other. It has not only asserted the right to prevent a State from ex-
ercising jurisdiction within its limits, but it has given open proof of
the fact, that it will bec ome the ally of the Indians against one of its
own family, and will actually wage war in the very bosom of a State,
for what, in its own mere discretion without regard to the opinion of
the opposing State, may be deemed an infraction of the Federal Con-
stitution:—Thereby, at once establishing this monstrous doctrine,
that the General Government can and will connect itself wi h loreigu
nations in acts of hostility to the local measures of the States, and
consequently turning their own power and resources against them-
selves. The principle is avowed, nay, confirmed by the fact, that an
armed force may be directly employed against a State, before recourse
is had to the civil authorities of the Government tocoarect whatever
real or imaginary'violation of law may be thought to exist; thus Using
at once, the strong arm of power in preference to the milder and
more moderate course of legal investigation;—a resort that deprives
the" citizen of the valued right of trial, involves the country in all the
horrors of war, and can only terminate in the most unspeakable dis*
asters It has assumed thy prerogative, to dispense with the estab-
lished laws of the land upon its own unconditional pleasure, tailing
upon itself the sole right to judge when they shall or shall not be exe-
cnted, prejudging cases without a hearing, and skreening offenders
without a trial. There is a public law of the land, wisely intended
for the harmony of the Union, providing for the protection of the
State authorities against the insult and abuse of the military estab-
lishmentol the General Government—an institution always haughty
in its deportment, and often dangerous in its purpose. A just com-
plaint was preferred against a general officer of the Union, under thif
well known law, for acknowledged insult and contumely offered to
the Governor of the State; and, though a trial was formally demand-
ed, it was as formally refused upon the ground that the first insult
was given to the officer; and yet a much more meritorious officer for
resenting an outrage, not upon himself, but upon his country, was not
onfy tried but disgraced, at the instance of a, petty Spanish Province.
So far as relates to the States, the principle is now settled, that in all
future cases, for the protection of his officers, the President will be
the exclusive judge of the nature^ degree and justification of thejr
178
£r»me, before it shall be submitted to the authorised and competent,
tribunals of the country, thereby making the law a perfect nullity and
Sts object a still more vexatious mockery. It has asserted the princi-
pie, and confirmed it by the authority of practice, that the Federal
Government is not founded in public opinion, or the just wishes and
interest of either State or people, and that the views and inclinat ions
of public functionaries, will be consulted and promoted in preference
to the people, whose servants they are, and officers will be kept in
power and made td rule over us, manage and direct our affairs, long
after they have become perfectly odious, against our will, against our
interest, against our solemn and repeated remonstrances, and, what is
more intolerable, when it is well known that their outrages and
oppressions come mixed with the most insupportable insult and de-
xision.
An Officer of the General Government has been stationed near the
limits of Georgia, in charge of interests highly important to the State,
where she was almost exclusively concerned, and, in the execution of
his trust, he has been so studious and unwearied in opposition to the
feelings and wishes of Georgia, that he has sought every occasion to
thwart her views, defeat her designs, degrade her character, and this
too, in direct contravention of the avowed, and it was hoped, sincere
policy of his own government. The Executive of this State has res-
pectfully and earnestly remonstrated against the continuance in office
of a man so lost to the duties of his station, and so unmindful of what
was due to his own government. This remonstrance has been thrice
repeated by successive Legislatures, of all parties and fell interests in
the State, and yet it has been treated, if not with sheer contempt, at
least with the most profound and unmoved indifference—thereby,
evincing that the public good weighs nothing when it conflicts with
the interest of the public servant, or the ambition of his irresponsible
master. It has asserted in principle, which is also not without the aid
of fact, that it can make and break treaties at pleasure, without re-
gard to the interest and desire of States, notwithstanding such trea-
ties are exclusively confined to the rights of States, not in their ted-
erative but individual character—rights intimately connected with
their safety, inseparable from their sovereignty,and thoroughly iden-
tiffed with their territory and jurisdiction. The original territorial,
and juiisdictional rights of Georgia, are deeply and obviously founded
in her acknowldged iodependeuce, by Great Britain, and long acqui-
csced in by the other States upon the most mature and solemn delib-
eration. Though she has formed a compact with her sister States, yet
in every stage of that much debated question, from the unsuccessful
experiment of articles of confederation to the still stronger obligations
of a national Constitution, she has inflexibly reserved I he rights of
territory and jurisdiction, as received from the hands of conquered
Britain, and she has never relinquished one particle of either to the
Union or any other Government whale/* r. With the exception of
the territory* now forming the States of Alabama and Mississippi,
every instrument between them may, in vain, be searched for the least
concession that will falsify this advisedly made and deliberate de-
claratiqn.
114
By the cession just referred to, the rights of Georgia received ad-
ditional confirmation, if such could have been needed, for it gave the
most unanswerable proof that the General Government conceived our
title, both to soil and jurisdiction perfectly unquestionable. By pur.
chasing part of o(»r soil, they admitted the remainder to be ours—by
promising to extinguish the Indian title to a permissive occupancy,
they acknowledged that we had that previous right; for it must exist
somewhere. Before this cession, they had no such right, consequently
Uwas a concurrent right derived from us, obviously obtained by our
consent; and our consent as obviously implies an original right, the
exercise of which conclusively settles the question of jurisdiction,
Apart from this view of (he subject, if we have ever divested our-r
selves of this right we claim an inspection of the instrument by which
it was effected. Under this contract then, for we affirm it can be
found no where else, it is most wrongfully assumed, by the Executive
Department of the General Government, that the Indians and their
lands, within the chartered and conventional limits of Georgia, passed
into the exclusive care and superintendaqce ot the National Govern*
ment, and that we dare not further interfere with either, unless we
are prepared to break down the legion of federal power, or have
strength enough to overcome its military arm. By virtue of these
articles of cession, and, as it now seems in pretended compliance with
their obligations, a treaty was held at the Indian Springs in 1325. It
was constitutionally ratified, formally promulgated, and as deliber-
ately notified to Georgia. The State, believing that under all its
rights, both original as well as those recently acquired for her use, by
tjie General Government, there could be no difficulty in proceeding to
a disposition of the territory, with a view to its final occupation and
improvement—an object, though long, and to her political standing
and interests, injuriously delayed, yet not the lessurgentand desira-
b!e—passed a law, in the succeeding June, for its distribution among
her waiting and patient citizens. Every thing was doue. that she
could rightfully do, and we regret to say, was permitted to be done,
by the superior, not to say capricious, power of the General Govern*
raent, to realise the full enjoyment of this property, the right to which
seemed clearly to have lost its expectant, and had assumed an abso*
lute vested character. Yet, in the face of all right both sovereign
and vested, was another treaty held and concluded, at Washington,
with an entirely different party, though belonging to the same nation,
and ail the rights acquired by the first became abrogated and annull*
ed, and Georgia was required to withhold her possession of any other
land than that which was specially permitted by the last. It is now
fully ascertained, that all the land of the first treaty is not contained
in the second, and it seems to be as fully resolved that what the second
embraces, is all that the State shall, upon her peril, receive.
Your committee cannot but view this as a most appalling state of
things. It believes, and so it is persuaded, every ingenuous mind will
believe, that right is with, but power is against us; and that the for*
mer, as all history will mournfully attest, can never successfully con-
tend against the latter. It is a matter of anxious and fearful content*
plation what must be the result of this collision, if we fail to enlist
175
• eiie well known justice and prudence of that part of the Genera]
Government to which we have now been compelled so reluctantly to
appeal.
In order to place this question in a point entirely within the reach
of every capacity, we would make but one remark. Could the Gen-
eral Government have annulled the treaty of the Indian prings, by
a treaty, in which we were to acquire no lands at all, and by which
we were to be placed, as formerly, at their perfeet pleasure and con-
veuience for another acquisition P We presume no one will answer
in the affirmative—Indeed the General Government did not so con-
ceivej for it gave the Indians decidedly to understand that the first
treaty would not be revoked, without a large cession of lands to
Georgia j and we have no doubt that the Senate of the United States,-
acting under an honest and just sense of our rights, confidently be-
lieved that the second treaty conferred upon us all the territory
claimed from the Creek Nation of Indians. Now, if this proposition
be undeniable, can any treaty be either just or constitutional that
leaves out one single acre of the former purchase ? For it is impossi-
bie to conceive of the justness of a rule, in the application of which,
it would be good or bad, as to the whole, and n it as to a part.
As another most astonishing result, arising from this power, claim-
ed for the General Government, of managing and controlling the In-
dians and the lands occupied by them, within the chartered limits of
olti States, is absolutely denied to the State of Qeorgia to enter the
Cherokee Nation either to ascertain the boundary between herself and
her sister State, or to take any measures connected with the internal
improvement of the State; and this, too, within her well known and
acknowledged limits. Indeed this doctrine is so very strange not to say
alarming, that it requires no small degree of faith to give credit to an
assumption so wild and extravagant; and therefore your committee,
for the information of its own citizens, as well as to enlighten our
fellow-citizens abroad on the subject of our wrongs, supposed by many
to be fancied, would beg leave to embody the evidence of the fact in
this Report The Governor, in a letter to the Sjcretary of War,
states, " that our Chief Engineer engaged in a reconnoisance under
orders, and within the unsettled limits of Georgia has been stopped
by the Cherokees, and his further progress threatened to be arrested
by force—and further, these infatuated and misguided people threaten
to resist by force the execution of the measures concerted by the Go-
verements of Georgia and Alabama for ascertaining the dividing line
between the two States." In answer to this letter the Secretary of
War states, distinctly, that it is the opinion of the President that
these measures cannot be effected without the consent of the In-
dians, and concludes, " the President is persuded that this consent
may be obtained by amicable and pacific means. If, however, it can-
not, he deems a resort to coercive measures as altogether unwarranta-
ble. If, in the justness of this view, the constituted authorities of
Georgia should coincide, it will be gratifying to the President. But,
to guard against the consequences of different views, on their part,
he feels himself required to protest, in the name of the U. States,
against the use of forcibje and hostile means to effect the purpose?,
referred to in your letter."
176
TPhese are some of the chief powers assumed by the General Gov-
"ernment, over she rights of Georgia; but there are very many circum-
stances ot peculiar aggravation attending their exercise, which have
giyen keen and deep felt mortification to the feelings of Georgia.—
As a sovereign State, in connection with others, as we fondly hope,
. upon terms of the most sincere regard and affection, all looking, with
no common solicitude to the maintainaoce of their own rights and dig-
nity, we cannot hut believe we shall kindle a sympathy strong enough
at least, to put down the force of prejudice, too successfully arrayed
against us though we may ultimately (ail in challenging a just and re-
; turning respect for our much abused and neglected prvileges. We
have been insulted by petty agen's—we have been brow beaten and
' derided by Indians. Our chief mag'strate at home, and our represen-
• tatives itr Congress, while in the public service and under the very
eye of the General Government, have been compelled to biook the
insolence of naif breeds—we have been prevented, nay ordered to
desist, from surveying our own lands, when no possible harm could
ensue, and when too the Genera) Government, under precisely simi-
. lar circumstances, was carrying on its own surveys!, among Indians
unremoved from recently acquired lands—a privilege heretofore unin-
terruptedly enjoyed by every new and frontier State, and questioned
only for the first time, in the case of Georgia, one of the original
•thirteen States*—We have had our Indian Allies, these who lung de-.
fended Georgia, from the tomahawk of the very Indians who are no#
so high in favor, murdered in cold blood, their families exiled from
home, made'wanderers and outcasts from the very country, which but
i-nino years ago, was declared to be exclusively theirs, under the plight-
ed faith and solemn written guarantee of the General Government?
and all these misfortunes, cruelties, and hardships they have been des-.
- tincd to endure; from no other cause, as we verily believe, than that
4 of being the unswerving friends of Georgia. These are reflection#
that cannot fail to inspire the most touching sensibility, there is a
point and anguish in their effect, which perhaps it were better to sup-
press than to vent; and though in silencing their upbraidings, a severe-
" reproach is spared to the national character, yet it wiil be well under-
sjtood by every candid mind, as it must be certainly felt by every hore-
est bosom. - . ,
We cannot but trust that the authority to which wc have now re-
fefred these unhappy differences, will duly appreciate the motive as'
well hs the object of this appeal. Our reliance is upon the wisdom
end justice of the nation. We want nothing more than we would be
willing to grant; and if we know our own hearts, there is not a grieV-
ance we have enumerated, which if offered to any of our ais-er
States, we would not promptly resent and redress, and, risking every
thing, feel it a bounden duty to make common cause with the injured
party. We want nothing that docs not fairly belong to the State so-
vereigntics. To whatever our sister States will-submit, in that we
must acquiesce ; if they would be contented with the treatment
Georgia, has received, and will come out with a public declaration if
the fact, from that moment our complaints are hushed. We thiea en
no consequences—it would be idle and vain to do so. The loss of
'Confidence and affection, by reason of neglect and disappointment;!?
m
-afrnsequence enough to a reflecting nation ; and a high winded alfei
generous people, cannot turn from such a result, without emotions Of
the deepest regret
Under this view of the subject, your Committee beg leave to offef
the following Resolutions:
Resolved, That Georgia owns exclusive!y3the soil and jurisdiction
ot all the territory within her present chartered and conventional
limits, and, with the exception of the right to regulate commerce a-
mong the Indian tribes, claims the right to exeraise, over any people
white or red within those limits, the authority of her laws, as she in
her wisdom may think proper ; and that she has never relinquished
said right either territorial or jurisdictional to the General Govern-
ment, in any manner or by any instrument whatever, and the exer-
cise of such right, by said last mentioned Government, is illegal, un-
warrantable and unjust.
Resolved, That threatening a State with an armed force, and ac*u-
ally attempting to carry said threats into execution by stationing the
military on its borders, whether the conduct ot the State thus sought
to be overawed, be right or wrong, is contrary to the spirit and gen-
iusof our Government, a fundamental principle of which, is that the
military is subordinate to the civil authority: the former bring the in-
strument of fatal necessity makes a resort to the letter always indis-
pensable in the first instance ; any other course is destructive of free
government, subversive of State rights and tending to the complete
annihilation of State sovereignty.
Resolved, That the refusal to arrest and punish a military officer
of the General Government, who had grossly violated a law of the
land, in abusing and insulting the highest authorities of a State, is,
as we conceive, an abuse of office, and if not properly attoned for,
will and ought to leave this lasting reproach upon the nation, that
even in republics, the law affords no protection against the views of
power or the resentments of ambition.
Resolved, That the retention of a civil officer in power, after eai-
nest and repeated solicitations for his removal, from a sovereign
State, through its highest authorities, in which there was uncommon
unanimity, and after too it was known to his government that he was
not only opposed to its own views, but was extremely inimical to tne
interests of the State, in which he was placed, and highly insulting
to her public functionaries, is an instance of contempt-for the opin-
ion of a State, and a disregard for the welfare of a large portion of
the community, highly dangerous to the principles of representative
government, where the public servant acts for the people and not for
himself, and where, as soon as he becomes obnoxious to their inter*
eats, he ought to be removed.
Resolved, That the attempted abrogation of the treaty of the In-
dian Springs, by the treaty of Washington, in so fir as it divested
ftie State of Georgia- of any right acquired under the former, is ifle*
12
•m
j
ghi and unconstitutional, and we feel the utmost confidence, that
when the General Government comes to be informed that Georgia is
deprived of lands to which she had an unquestionable claim by virtue
ot the first tri-aty, it will think, with us in this regard ; and, actuated
by its accustomed sense of justice, will take speedy step- to remove
ail obstructions to the full enjoyment of this, at present, contested
right."
Resolved, That the assertion of the President that we have no
right to enter the Indian country within our own limits, for the pur-
pose of ascertaining boundary and effecting measures connected with
the peaceable objects of internal improvement, without the consent
of the Indians, is a doctrine which this State will not admit, and a-
gainst which it does most solemnly protest—In this she ha3 every
confidence of the support of her sister States, especially those * ho
have so long and so uninterruptedly enjoved a similar right. Mid
his solemn protest against any measures contemplated by the State
to exert her right over this necessary and essential part of her $«>ve-
reignty, is an instance of dictation arid federal supremacy unwarran*
ted by any grant of power to the General Government, and which we
trust and believe the national legislature will promptly disavow.
Resolved, That a separate copy of this report, with the documents
necessary to support the facts therein detailed, be forwarded by his
excellency the Governor to our Senators and Representatives in €on«
gress, to be by them respectfully presented to-each branch of Coil-
gress, with a request that they use their best exertions to have redress-
cd the grievances of this State, in the various particulars to which
th is report has reference, and for the future harmony of the States, to
request of that body to make an explicit declaration of the rigirts
that belong to the-National Government and ihose which belong to
the State of Georgia, (and consequently the other States,) resulting
from the immediate differences of opinion specially enumerated in
the foregoing report.
Resolved, That his excellency the Governor be requested to for
ward also a copy of this report and the documents, to the Governor
of each State in the Union, with an earnest and respectful request,
that he lay the same before the legislature of his State ; and they
are hereby most affectionately'and. respectfully soli ited to express to
this State, whether they are prepared to admit the foregoing pi inci-
pies and the powers growing out of them as belonging to the Gtat-
ral Government, and whether Georgia is bound and must submit to*
the treatment which she conceives she has most wrongfully sustain*
ed at the hands of the Executive Department of the General Gov-
.^rrnnent;
Which being re id was ordered to lie on the table..
On motion of Mr Hoxey,
dissolved, I hat four hundred copies of the said Report b' printed
far the u»e of the legislature.
iPhebill assenting to and confirming a purchase made by the tfriijf
■fp<l Srates <>t » piece of iami situa ed near \ugus'.a, Georgia, and
for ceding ttie Jurisdiction over the same-—Was read the second time
and ordered for a third reading.
The bill to tax money and exchange brokers, or ar.y person, by
whatever name they may be called, who make a business or profes-
gum »f buying or celling money or bank bills or exchanging the same
for a profi—Was read the second time and ordered for a committee
of the whole.
The bill to consolidate the academical and poor School fund set
jp n tor Decatur county, and the same become a poor school fund—*
Was read the third time and passed.
'The senate took up the bill to form a new county out of parts of
H >uston county and the second section of the newiy acquired ten4?
tor y, and to organise the same—when
On motion of Mr. Wellborn,
It was ordered to lie on the table the balance of the session.
The senate resolved itself into a committee of the whole on the hi EL
to extend the time for district surveyors to make their returns in the
contemplated land lottery, and to authorise the Governor to fill va-
cancies in cases therein mentioned, Mr. Black-stone in the chair.
The president resumed the chair, and Mr. Blacks tone reported tfip
bill with amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
1 Vnd on the passage of the bill, the yeas and nays bei >g required—
Are yeas 37, nays 14.
Those in the affirmative are.
Messrs.
Allen
A.lston
Biker of Liberty
Biker of Warren
Blackstone
Blair
Bi-oadnax
Brown of Camdeh
Brown of Decatur
Brown of Monroe
Irockman
irgille
Choice
Clayton of Clark
Clayton of Pulaski
Dyall
Footman
Frazer
Groves
Harman
Horn
Janes
Knight
Love
Powell of Rabun
Ray
S- arborougjk
Scarlet
Smith
Strawn
Thomas
Tippi' s
Wuliams
W'smbei ly
Wyou of Gwinnett
W von of tTd.fi
Young
Those in the negative are,
Messrs.
Aodefson Joiee
i-2*
WOkef
180
Coffee Matthews White
poster Porter Wellborfc
Harris Spann WTooten
Hendrick Sellers
The senate took op the report of the committee of the whole,
the bill for the division of Upson county into electoral districts**,
"Which was amended and agreed to.
The bift was read the third time and passed, under the title of #
bill for the division of Upson county into electoral districts, and to
establish an additional election district in Rabun county.
The senate took up and agreed to the report of the committee of
the whole, on the bill to amend the 14th section of an act, passed the
9th day of June 1825, to dispose of and distribute the lands acquired
by the United States, for the use of Georgia, of the Creek nation of
Indians, at a treaty made and concluded at the Indian Springs on the
J2th day of February, 1825.
The bill was-read the third time.
And on the question for its passage—the yeas and nays being ret
quired, it was determined rn the affirmative. The yea» are 27, the
nays are 23.
Those in the affirmative are,
Messrs.
Alston
Poster
Sellers
Bakei of Warren
Frazer
Smith
Blackstone
Harmon
Strawn
Blair
Hendrick
Thomas
Brown of Decatur
Joice
Walker
Choice
Matthews
White
Clayton of Clark
Powell of Rabun
Williams
Coffee
Porter
Wooten
Footman
Spann
Young
Those in the negative are,
Messrs. i
Allen Dyall
Anderson Groves
Baker of Liberty Harris
Brown of Camden Horn
Brown of Monroe Janes
Brock man Knight
Cargille Love
Clapton of Pulaski Ray
Scarborough
Scarlet
Tippins
Wellborn
Wimberly
Wynn of Gwinnett
Wynn of Hall
The following bills of the house of representatives, were read the
Second time and ordered for a third reading:
The bill for the relief of Benjamin T. Rees and Talbot S, Rees, fIF
Columbia county.
461
1fhe bill to alter and amend the road law, in reference to the liffl-
Vility of commissioners, and for other purposes, so tar as respects the
oounty of Elbert.
The bill to change the name of John Beller to that of John Mc*
Daniel.
The bill to legitimate William Rose, formerly Wm Flaherty, and
to make him the legal representative of Thomas G. Rose, ot Upson
county.
The bill to incorporate the Oak Grove academy, in the county of
Morgan.
The bill to incorporate Corinth academy, in Baldwin county.
The bill to alter and amend so much of an act regulating the gen»
eral elections of this state, and appointing the time of the meeting
of the general assembly of this state, so far as the same requires the
elections to be held at the place of holding the superior courts, so far
as respects the counties of Hall, Richmond, Henry, De Kalb, and
Gwinnett—and.to amend an act passed the 18 h of Dec 1816, rela-
tin^to the county of Frmklin, so far as respects the separate election
heretofore held at the house of Samuel Armstrong, in the county of
Henry.
The bill to amend an aclt, passed the 9th day of December, 1824,
Ifo lay off Emanuel county and Tatnall into election districts, so far
las respects the county of Emanuel.
The following bills of the house of representatives, were read the
|tecond time, and ordered for committee of the whole;
A bill to amend an act appointing vendue masters for the city of
augusta, passed the 21st Dec. 1819.
Airbill to authorise a lottery for the benefit of Wrightsborougb
Academy, in Columbia county.
A bill to legitimate and change the name of Joseph P. Long to that
Joseph Parsons.
A bill to enable feme coverts to convey their estates, and for con-
kming and making valid all conveyances and acknowledgements
eretofore made by feme coverts, passed April '4th, 1760, so far as
le same relates to feme coverts conveying their dower.
Mr. Baker had leave to report instanter a bill to incorporate and
test certain rights in Moneghan academy, in Warren county.
Which was read the first time.
"(he Senate adjourned until to-morrow morning 10 o'clock.
m
FRIDAY, 8th December, 182&,
motion of Mr. Blair to reconsider so much of the journal 4
yesterday as relates to the adherence of Senate to the amendmentt
So much of the bill of the house of representatives, to amend a» #c|
entitled an act, amendatory ot an act parsed the 9th day of Jun,
1825, to dispose of and distribute the lands lately a quired a to
United States for the use of Georgia of the Creek nation of Indian
by a treaty made and concluded at the Indian Springs on the 12
day of February, 1825, as rhspects the fourth section of said bid ;j
was determined in the affirmative ; and the yeas aiwi nays being it
paired, are yeas 35, nays 26,
Those who voted
Messrs*
Allen
Anderson
Batcerof Warren
Beall
Biackstone
Blair
Broadnax
Brown of Decatur
Brown of Hancock
Burney
Clayton of Pulaski
Poster
Those who voted
Messrs.
Alston
Baker of Liberty
Brown of Camden
Brown of Monroe
Brockman
Cargille
Choice
Clayton of Clarke
Coffee
On motion of Mr. Clayton, of Clarke, to reconsider so ma
the journal of yesterday as relates to the eoncurience of the 8
in the amendment made by the house ot representatives to sail
so far as relates to the following section, to-wit : "
And be it farther enacted, That all unmarried females, not
pws, ot tUe age of eighteen years and over, shall be entitled t
draw unon taking the following oath, to-wit : "I, V B. do snl<
swear that I am a single woman and have never been married,
have resided three years in this State nest immediately |are€
in the affirmative are;
Frazee
Groves
Harris
Hendrick
Hoxey
Joice
Jones
Matthews
Mitchell
Powell of Rabun
Porter
Scarborough
Spami
Scarlett
Smith
Strawn
Tennille
White
Witt
Williams
Wimberiy
Wyn > of Gwinnett
Young
in the negative are*
Daniel
Dyall
Footman
Harman
Horn
Janes
Knight
Lawson
Love
Powell of Mclnte^l
Ray
Sellers
Thomas
Tippins
Walker
Wooten
Wynn oLflall
188
ihe first day of January, \8'27, have never drawn in any previous lot?
tery, and have arrived at the age of eighteen years—So help me
God. A.nd on the question to reconsider, it was deter mined in the
negative,
The yeas and nays being required are—yeas 30, nays St.
Those in the affirmative are.
. Messrs.
Alston
Black stone
Broadnax
Brown of Camden
Brown of Hancock
Brock man
Cargiiie
Choice
Clayon of Clarke
Coflfee
Danielf
Footman
Foster
Harmaa
Harris
Hendrick
J *nes
Jones
Matthews
Powell of Mcintosh
Those in the negative are
Messrs.
Allen
Anderson
Baker of Liberty
Baker of Warren
Beall
B'air
Bniwn of Decatur
Brown of Monroe
Burney
Clayton of Pulaski
Pyall v
Frazer
Groves
Horn
Hoxey
Joice
Knight
Lawsou
Love
Mitchell
Powell of Rabun
Porter
Ray
Scarborough
Scarlett
Tennille
Tippins
Walker
Witt
Wynn of Hall
Young
Spann
Sellers
Smith
Strawn
Thomas
White
Williams
Wimberly
Wooten
Wynn of Gwinnett
The senate took up the reconsideration of this morning, on the 4<fc
section of the bilt to amend an act, entitled an act, amendatory of an
act, passed the 9th day of June, 18^5, to dispose of and distribute the
lands lately acquired by the United States for the use of Georgia of
the Creek nation of Indians, by a treaty made and concluded at the
Indian Spring on the 12th day of February, 1825. And on motion
that the senate recede and concur with the House of representatives
in retaining said fourth section as a part of said bill, it was deter-,
tnined in the afiirsnative.
The yeas and nays being required, are yeas 35, nays 26.
Those in the affirmative are,
Messrs.
Allen Foster Spann
Anderson Frazer Strawn
Baker of Warren Groves Tennille
Beall Harris Thomas
g«a,ckstf tre llondrick- White.
184
Blair
Broad nax
Brown of Decatur
Brown of Hancock
Choice
Clayton of Pulaski
Footman
Hoxey
Jones
Matthews
Mitchell
Powell of Rabun
Porter
Scarborough
\Vynn of G.winnebt
Young
Wellborn
Williams
"Win.berly
Witt
Those in the negative are,
Messrs.
Alston
Baker of Liberty
Brawn of Camden
Brown of Monroe
Brockman
Burney
Cargille
Clayton of Clark
Coffee
Lawson
Love
Daniel
Dyall
Harm an
Horn
Janes
Knight
Powell oF Mcintosh-
Ray
Sellers
Smith
TippinS
Walker
Wooten
Wynn of Hall
Mr, Daniel from the committee appointed to investigate the cir*
fcumstances of the printing with the reports concerning the state of
the Darien bank, a certain private letter from Anson Kimberly to
Allen B. Powell, together with other papers, all unknown to the sen-
ate when the said reports were ordered to be printed—reported,
That they have taken the testimony of persons supposed to be
knowing in some way to these circumstances, and which is herewith
submitted. At these Examinations, Mr. Powell was present, and al«
lowed to question the witnesses. It is admitted by all, that the
chairman of the joint committee on printing, received the papers
which were printed from Mr. Powell, the chairman of the joint com-
mittee on banks. To bring this subject properly under review, it
will be necessary to recur to some transactions in the joint commit-
tee on banks# The sub committee of that joint committee to whom
was referred the statement of the president of the Darien Bank,
made a report on Friday last, in which it was recommended that the
statement of Mr. Spalding and Dr. Troup, and that of Mr. Atkinson
and Maj Wood, should be printed. Th-se reports were handed in to
the joint committee with the report, unaccompanied by any other pa-
pers—The following Saturday morning that report, having been
adopted by the joint committee, was made to the senate by Mr. Pow-
ell, chairman of that committee. It referred only to the statements
of Spalding and Troup, and of Atkinson and Wood, and conse-
vuently could, in its recommendation to print, embrace these stale-
ments alone—In fact, as appears by the testimony of Dr. West, no
other papers were known to the sub-committee who made the report
or the joint committee who adopted it—-The order of the senate to
p int, could alone embrace what was recommended by the joint com-
lhittee. It is equally certain that there were no other papers known
to the senate, and consequently that body could never be considered
as directing that to be printed, the existence of which had not'even
been imagined by it—it follows then that no other papers were o/-
. m
tfSred bv the senate to bp printed, than the statements of Mr. Spatcfc
ins; and Dr. Troup, and of Mr Atkinson and Miaj. Wood, and con»
sequenfly that the private letter of Mr. Kimberly, the minuses of the
board of the Darien bank, and the rejected report of Dr. Troup,
were printed wirhput any order from the senate, and in violation of
propriety—Hence it is evident that Mr. Powell, in giving these pa-
perg to the chairman of the joint printing committee, acted without
authority and upon his own responsibility. Indeed, in a letter to the
chairman of your committee, Mr Powell admits that the Senate only
ordered the printing of the statements of Spalding aod Troup, ana
of Wood and Atkinson
Mr- Powel claims that he did not intend to have the private letter
of Mr. Kimberly printed, tha< through mistake he gave it instead of
the official one herewith submit ed. The evidence which your com-
mil tee have taken, are far from sustaining Mr. Powell in this ground.
Dr. West states that "he bad a conversation with Mr. Powell as to
the private letter ; that from that conversation he thinks Mr. Powell
must have known he had given him (Dr. West,) the private letter."
On Wednesday night, Mr. Powell "spoke about the private letter"—-
On Thursday morning Dr. West saw the official letter—"at that
time Mr. Powell expressed his regret that the private letter had been
published instead of ihe official one"—sMr Harmon states "that last
Wednesday evening, when he stated to Mr. Powell that 'he papers
must have been published through mistake, Mr. Powell made no re*
plv—this (Thursday) morning, Mr. Powell brought the letter into the'
Jefferson room that was read this (Thursday) morning in the Senate,
and stated that was the one he intended to have been published"—
Mr. Holt testifies "that between S and 4 o'clock P, M. of Wednesday,
upon Mr. Powell's being told that a "call had been made to know
how that letter had been published, Mr. Powell replied, he could sat-
isfy the gentleman—Mr. "Scarlett then rose, got the document, and
handed it to Mr Powell, who read it and made no remark about it,
nor evinced any surprise."
From these statements, your committee have come to the belief,
that the private letter of Mr. Kimberly to Mr. Powell, was given by
the latter to the chairman of the printing committee with intention
and t<M;he end that the same should be printed.
Which was read, and on motion of Mr. Tennille, ordered to lie on
the table for the present.
The senate took up the resolution of Mr. Scarlett relative to cer-
fain elections, which was amended to read a3 follows, and agreed to.
Resolved, That both branches of the General Assembly will con-
veoe in the representative chamber on Wednesday next, at 3 o'clock
P M. for the purpose of electing a principal keeper and three inspec-
tors of the penitentiary.
On motion of Mr; Jones,
The senate took up the following resolution ;
Be it resolved by the Senate and House of RepreseutaHves-of the
gstate of Georgia in General Assembly met, That the justices super-
im
intending; elections at the next general election f*»r members of Hie
legislature, shall require such voter who shali be in favor of laying
out the State into congressional districts, to write the word "Dis-
trict," on toe back of nis ticket, and all tickets on which that word is
not written, shall be considered as opposed to districts, and a l eturo
shall be made by the said Justices accordingly to his excellency the
Governor, to be laid by him before the next legislature, in order that
they may act advisedly on tho subject—when
Mr. Sellers offered the following as a substitute.
Be it resolved by the Senate and House of Representatives of the-
State of Georgia in General Assembly met, That the justices super-
in ending elections at the next general election for members of the
legislature, shall enquire of each voter whether or not he is in favor
of laying out the State into congressional districts, and shall request
such voter to designate his opinion thereof, by endorsing on the back
of his ticket the word ' District,''or ^General ticket," and that a
true return thereof shall be made by said Justices to the Governor,
within twenty days from the day of the election, to be by him laid
before the next general assembly, in order that they may act advised-
ly on the subject.
On motion of Mr. Clayton, ©f Clarke, to lay the original resolu-
tion and substitute on the table the balance of the session, it was de-
termined in the affirmative.
The yeas and nays being required, are yeas 37, nays $34
Those who voted in the affirmative are,
Messrs.
Allen
Alston
Anderson
Baker of Liberty
Beall
Blair
Brown of Camden
Brown of Decatur
Brown of Hancock
Brockman
Clayton of Clarke
Clayton of Pulaski
Love
Matthews
Powell of Mcintosh
Powell of Rabun
Porter
Coffee
Dyall
Groves
Horn
Hoxey
Janes
Knight
Spann
Scarlett
Sellers
Smith
Straw n
Thomas
Tippins
Walker
White
\V imberly
Woolen
Ten ni lie
Messrs.
Baker of Warren
Blackstone
Broad n ax
B?own of Monroe
Burney
Cargille
Choice
Fpi>jman
Those in the negative are,
Foster
Frazer
Harman
Harris
Ray
Scarborough
Jones
Lawson
Mitchell
Hendrick
Witt
Wellborn
Williams
Wynn of Gwinne#
Wynn of Hall
Young
Mr Sellers from the committee on the petition of lit? trustees dT
Henry county academy, reported—
That they believe the prayer of the petitioner is reasonable and
©uglr to be granted, and recommend the adoption of the following,
resolution :
Uesolved, That the sum of seven hundred dollars be loaned for
one year irom and after the. twenty fifth day «f December next, from
the treasury of this State to the trustees of Henry county academy,,
for the purpose of enabling them to secure their academy edifice,
and that the same be placed in the appropriation law ; Providedt that,
the said trustees shall not be entitled to receive y^e same, until they
sh«U have executed to his excellency the Governor a mortgage of
s&id eoifice lor the purpose of sec urn g the State in the payment of
said loan, and six per cent, interest thereon, which mortgage may be
executed either before the Justices of thi Inferior courts of Henry
county, and transmitted to or taken by bis excellency the Governor ;
and as a further security to the .State, and for the purpose of reim-
bursing herself for the above loan, the Governor is authorised to re-
tarn for the State and to be credited on the above bond, whatever sum
mav be due the said academy on aecoun' of the fund annually set
apart for the benefit of academies in this State try any law whatever,
until the same be paid.
Gn motion of Mr. Wimberly to lay the report on the table the bri>
ance of the session, it was determined in the o egauve
The yeas and nays being required, ars yeas 27, nays 31.
Those in the affirmative are,
Messrs.
Allen
Anderson
Baker of Liberty
Baker of Warren
Be all
Blair
B' own of Decatur
Brown of Monroe
Buiney
CargiUe
Foster
Hcndiick
Horn
Janes
Jones
Powell of Rabun
Ray
Thomas
Tippins
"Witt
Love
Matthews
K ight
"Williams
Wimberly
"W oaten
Those in the negative are.
Messrs.
Alston
B1 ackstone
Bioadnax
B> own of Camden
Brown of Hancock
Brockman
Choice
Clayton of Clarke
Clayton of Pulaski
Coflfee
Daniel
C?rdencd, that said
repoit l«j on tbet«l)!o for IhefrMwfc
Frazer
Groves
Harris
Hoxey
Joice
Porter
Dvall v
Footman,
Scarborough.
Spsnn
Wellborn
Wvnn of Gwinnett
Wynn of Hall
Young
Scarlett
Sellocs
Shrawn
Tennilie
Walker
White
m
Mr. Broadnax from the committee appointed, reporteda bill toau-
thorise Stephen M. Ingersoii to erect a biidge across the Chattuhoe«
6hi« river.
Which was read the first time.
Mi* Groves from the committee on enrollment* reported as duly
enrolled and signed by the speaker of the house of representatives,
An act to repeal the third section of an act, entitled an act to alter
and amend an act, entitled an act to alfer and fix the time of holding
the Superior and Inferior courts in the several judicial circuits n
this State, and to add the county of Madison to the northern, and the
county of Bulloch to the eastern, and the cdunty of Columbia to the
middle circuit, passed the fourteenth of December, eighteen hundred
and nineteen, so far as relates to the times of holding the Superior
courts of the middle circuit, and to alter the laws on the subject of
drawing and arranging grand and pettit jurors, so far as relates to
the county of Richmond, and
An act to alter the time of holding the Superior court in the coun-
ty of Columbia, and the winter session of the Inferior court, and for
other purposes.
Which were presented to and signed by the president of sen ate*
Ordered, that the committee on enrollment do carry said acts to
{lis excellency the Govornor for his approval.
Mr. Burney from the committee to whom was referred the com«
munication of the honorable John Macpherson Berrien to the presi-
dent of the senate, enclosing the memorial of Jonathan Elliott of the
eity of Washington—Reported,
That they have had the same under consideration and beg leave to
report, that by said memorial it is proposed by Mr. Elliott to publish
the debates, resolutions and other proceedings in all the original thir-
teen States, on the adoption of the federal constitution, as agreed to
at Philadelphia on the 17ih of September, 1787, the first volume to
be published in the month of January next. Your committee are of
the opinion that a work of this description, if properly executed,
would be productive of much important information, not only to this
State but to the whole Union, embracing as it would the opinions and
views of many of our most illustrious sages of the revolution on the
present constitution—They therefore recommend the adoption of the
following resolution ;
Resolved, That his excellency the Governor be required to sub-
scribe for copies of said work for the use of the legislature and
executive department, to be paid for out of any moneys not otherwise
ippropriated.
Which was read and ordered to lie on the table.
The bill to repeal an act defining the duties of tax collector passed
be 9 th Decern bei, 1824.
Was read the second time and ordered for a third reading.'
*89
"The following bills tfere road thp second lime and ordered for a
committee of the whole :
A bill to organise the territory lately acquired from the Creek In-
dians, lying between the Flint and Chattahoochie rivers, and <*£3t of
the Chattahoochie. ✓
A bill to amend an act entitled an act, supplementary to an %$t
more effectually to enforce an act, entitled, an act prescribing tnc
mode of manumitting slaves in this State, and also to prevent the in-
veigling and illegal carrying out of the State persons of color.
A bill to establish free schools in the county of Gwinnett.
A bill to separate arid divorce Hannah Norman formerly Hannah
Andrews, and Sherwood Norman her husband.
A bill to divorce and separate John Smith and Sarah his wife.
A bill to separate and divorce Mary Gorham (formerly Mary Ave*
try) and Thomas Gorham her husband.
A bill to establish an additional electoral district in the county of
Columbia.
A bill further to amend an act to incorporate a bank to be called
♦he bank of the State of Georgia, passed 16th December, 1815.
A bill to alter and amend an act, entitled an act, to amend theH4th
section of an act to protect the estate of orphans, and to make per-
manent provision for the poor, passed 24th November, 1818, so far as
respects the county of Burke.
A bill to raise a tax for the support of Government.
A bill to entitle Martin Simmons and Collin Rogers to draws in the
contemplated land lottery, and
A bill to incorporate and vest certain rights in Monaghan academy
ip Warren county.
The following bills were read the third time, and passed.
A bill assenting to and confirming a purchase made by the United
States of a piece of land situated near Augusta, Georgia, and for ce-
ding the jurisdiction over the same.
A bill to amend an act passed the 9th day of December, 1824, to
layoff Emanuel county ana Tattnall into election districts, so far as
lespects the county of Emanuel.
A bill to alter and amend so much of the act to regulate the gene-
ral elections of this State, and to appoint the time of the meeting of
the general assembly of this State, so far as the same requires the
election to be held at the place of holding the Superior courts, so far
as espects the counties of Hall, Richmond, Henry, De Kalb, and
Gwinnett, and to amend an act passed the 18th of December, 1816,
relating to the county of Franklin, so far as respects the separate
election heretofore held at the house of Samuel Armstrong in the
county of Henry.
A bill to incorporate Corinth academy in Baldwin county.
A bill to alter and amend the road law in reference to the liability
of commissioners and for other purposes, so far as respects the coun-
of Elbert.
A bill to incorporate Oak Grove academy in the county of Morgan,
A bill to change the name of John fiellar to that of John McJDaniek
A bill to legitimate Wi'liam Rose (formerly William "Flaherty,) to
make him the legal representative of Thomas tt. Hose., of Upson
eount^.
The senate resolved itself into a committee of the whole, on the bill
to legitimate and change the name of Joseph P. Long to that of Jor
Sep'i parsons. Mr. Strawn tn he chair.
The president resumed the chair, and Mr. Strawn reported the bill
wi thou t amend men t.
The senate took npand agreed to the report.
The bill was read the thLd time.
And on the passage of the bill, the yeas and nays feeing required,
are yeas 7, nays 49.
Those in the affirmative are,
Messrs.
Baker of Liberty Powell of Mcintosh Smith
Dy all Scai borough Tipping
■ Matthews
Those in Che negative arc,
Messrs.
Allen
Foster
Bpann
A Is i »f*'
Fru/.er
Scarlett
Anderson
Groves
Sellers
Baker of Warren
fiirman
Sirawn
Real I
Harris
Tennille
Blaekstone
Hendricfe
Thomas
B o&dnax
Horn
Walker
B. own of Camden
Hoxey
White
Brows of Hancock
Janes
Witt
Brown (if Monroe
Joice
Wellborn
Brockmau
Jones
Williams
Rurney
Knight
W imberly
Cargille
Love
Woote.n
Choice
Mitchell
Wynn of Gwinnett
W'y„n of Hall
C'ay ton of Clarke
Powell of Rabun
Clayum of Pulaski
Porter
Young
Coffse
Hay
The Senate resolved itself into a committee of the whole on the-
bill to tax money and exchange irokers, or any other person by win -
ever name they may be called, who make a business or profession of
buying or selling money, or B snk bills, or exchanging the same for a
profit. Mr. Coffee in the chair
The president resumed the chair, and Mr. Coffee reported prog-
cess and had leave to sit again.
Mr. Powell,of Mcintosh, laid on the table the following exuacf
ftoui the Journal of Saturday last?
tm
Mr. Powell of Mcintosh, from the Committee to whom was refer-
;ted the report of the President of the Darien Bank—Reported,
That they have since rece'ved the two other statements of the
affairs of said bank, the one by Thomas Spalding and James Troup,.
Esqrs. Directors, and the other by Mr. Atkinson and Jacob Wqod,
Esqrs. a committee appointed to make a detailed statement of ;he.
aSkirs of the institution. It is recommended that these reportsJ>e
printed for the use of the Legislature.
Mr. White laid on the table the following resolution:
Resolved. That rhe reserve belonging to the State lying in the
county of Upson, called Chemoily's reserve shall be annually leased,
our. by the Justices of the Inferior coufc of said county, and the pro-
•coeds of the same be added to the fund of said county, setapait for
the poor, to lie applied exclusively to their use and benefit, as said
-court may think proper.
The Senate a ^ourned until to-morrow morning 10 o'clock.
SATURDAY, DedPtnber.di, i8SW5k
The honorable senator from the county of Pike had leave of ab-
sence for a few days after to day.
Upon the request of Mr. Powell, of Mcintosh, the following letter
addressed to the chairman of the committee appointed to enquire into
the circumstances of the publication of a certain private letter, litan
.Anaon KLimberly was ordered to be journalised:
Milledgeville, Dec. f, 1826.
WM. 0. Dakieil,
Sir—1 nave received your letter of this day, as the chairman
of the committee, touching the printing of certain papers, &c I
have to state, when I received the letter from the president of tae
I) irien Bank, enclosing certain transactions of the board of directors,
I also received a private letter from the president I exhibited ail
•the papers, as I thought, to my colleagues, and took a copy of the
minutes of the bank as certified by John G. Bell, the Teller. This
copy I shewed the speaker, Dr3. Chambers and Kennon, which i3 the
■only persons I recollect of shewing them to, except my colleagues. £
■delivered over ail the papers, as I supposed but the private letter, to
Dr. West as one of the sub committee on the Darien B nk, to ! e us d
•as the committee thought proper. I never received the papers back
mi if the morning I made the report of the bank committee to the
senate, and when the senate ordered the exhibit of the detailed report
of vlessrs. Ukius m and Wood, and the statement of Messts. Spuid-.
log rati Tioup, published as certified by Jehu G, Bell, the Teller, I
#quested, I believe, Judge Clayton to ask Br. Daniel ft" Messrs;
Spalding and Troup's letter was also to be published. I received an
answer in the affirmative. I then gave over all the papers I had re-
ceived buck from Dr. West, to the chairmain of the printing com-
mittee, believing it would be for the best for the Legislature to have
all the papers before them. And it was not until I examined at ten-
tively the printed letter, that 1 discovered that I had given the pri-
wate letter for publication, instead of the official one.
Tour obed't servant,
(Signed) ALLEN B. POWELL.
On motion of Mr. Daniel,
The testimony taken in pursuance of a resolution pf this body, re. -
lative to the publication of a cei imn private tetter from Anson Kim-
berly, Esq. to Allen B. Powell, Esq. was ordered to be journalised—
and is as follows:
(The Examination of Br. West)
Dr. West states, that he had the papers referred to, to wit; the
letter from A. Kimberly to A. B. Powell, containing the proceedings
of the Darien bank and the report offered by Dr. Troup and rejected
—he was one of the sub committee appointed to examine the reports
of the Darien bank—he exhibited t'*e minutes of the proceedings of
the D&rieu bank to Mr. Harmon alone, one of the sub committee—he
has no reason to believe that he told Mr. Powell he had exhibited said
papers to the chairmaii of sub committee—it is his impression that
Mr. Powell believed he had done so—Mr. Powell never gave the of-
ficial letter of Mr K>raberly to him (Dr. West)—he did not know
the private letter would be published till after he had given the pa-
pers to Mr. Powell, and Mr. Powell told him he had given them to
the printing committee—Dr. West expressed a wish that the letter
of Messrs. Spalding and Troup should not be published—Dr West
has attempted to justify Mr. Powell in this business j for that the
letter of Mr, Spalding and Dr. Troup was calculated to injure Mr.
Kimberly, the president of the bank—that he supposed the private
letter designedly published, for he knewr of no other-letter from Mr.
Kimberly—he had a conversation with Mr. Powell as to the private
letter—that from that conversation he thinks Mr. Powell must have
known he had given him the private letter—he believes that if Spald-
ing and Troup's letter had not been published, the private letter from
Kimberly and Dr. Troup's rejected report would not have been pub-
lished—his impression is, that last night Mr. Powell spoke about the
private letter—this morning he saw the official letter—Mr. Powell at
the same time expressed his regret that the private letter had been
published instead ot the official one.
( Cross Examined.)
He don't believe that Mr. Powell ever had any of the papers till
lite received them from him (Dr. W est)—and the papers which he had
*83
previously given Dr. West on the morning the order was given for
their printing—.Mr. Powell told him this morning that the letter pub-
lished was not the official letter which he intended to have published.,
and that the official letter must be there somewhere—Mr. Powell
took up a package of letters and asked if they were his—Mr. King
told him no, they were his (Mr. King's)—Mr. Powell then went to
the tab'e and found the official letter—from the time the sub com-
mittee was appointed, Mr Powell has always avoided making any
enquiries as to the proceedings of rhe committee—Mr. Powell asked
him this morning if he had exhibiied the papers to Mr. Harmon but
had given none to the chairman but the detailed statements.
( Examined in chief again )
When he (Dr. West) banded the chairman, Spalding and Troop's
report and the detailed statement by Atkinson and Wood—chair'man
asked him if he had any more—he replied there were no more'—he
had the other papers, but conceived them private, and did not wish
thera published.
(Mr. Holt, of Jefferson, Examined )
Mr. Holt states, he was sitting in Mr. Scarlett's room yesterday,
between three and four o'clock, P. M. when Mr. Pow H came into
the room and took a seat—Air. Scarlett then observed to Mr. Powell
Dr. Daniel had made a call to know how that, letter had come to be
published—Mr. P. replied he could satisfy the gentleman on the sub-
ject—Scarlett then ros«>, got the documents and handed it to Powell,
who read it and made no remark about it, nor evinced any surprise—
stayed in the room about half hour—Mr. Powell came into tr»e Jef-
f'erson room this morning and stated he had made a mistake—that he
had had the wrong letter published, and stated that the letter he then
held in his hand was the one intended for publication—he stated that
last evening he had found there was something wrong, and set about
to End out the error and had dune it.
(Mr. Button's Examination.)
Mr. Burton stales Dr. West informed him yesterday, between 12
and 1 o'clock, that the first paragraph of Mr. Kitnberly's private let-
<vr was published to counteract the second paragraph of Messrs
Spalding and Troup's letter.
(Mr. Harmon's Examination )
Mr. Harmon states that he had no knowledge of the private letter
until-he saw it published—he had a conversation last evening with
Mr. Powell on -he subject oi the private fettvr—and told Vfr. P; < ell
that "Mere must have been some tnisiake about it—and be, Mr. f'wv-
ell, then told him he bar! given all the passers to Dr. We*?, and sup-
posed than Dr. West had shewn the pap-vrs to the sub committee—he
said he had gotten the papers from Dr. West back again, sod he hand-
ed -hem to Mr. Beall without examination—last eve b g w . •''. be
stated to vlr. Powell that the papers must have been published thro'
Sex. f3
191
mistake—lie, Mr. Powell, made no reply—this morning Mr. Powell
brought the letter into the. Jefferson room, that was read this morning*
fh die seriate, and stated that was the one he intended to have had
published.
(Mr. BanseWs Examination.)-
Mr. Hansell states that on the day the report of the bank commit^
tee was made, after the adjournment of senate, he either addressed
Mr. Iverson L. Harris, or Mr. Harris hien with regard to the docu-
m'eots that were refer.-ed to in that report, for the purpose of furnish-
ing them to the chairmen of the printing committee, about the s*me
time he examined for the documents but could not find them—-he
thinks the documents accompanying the Governor's communication
on the subject of the Banks were there—he thinks the documents re-
ferred toby the report were never in his hands. Mr. Kobmsoo un-
mediately afterwards stated to him, Mr. Hansell, that he hud received,
the'documents from Mr. Heal I', and were handed to the printer for
publication.
(Mr. Moses Harris, Examined )
Mr. Harris states, that he never haw or heard of the private letter
'till it was published—he states he heard a conversation last evening
be? ween Mr. 'PoWeil and Mr. Harmon—Mr. Powell stated be bad
banded over ah the papers to Dr. West, for the purpose of being:
, given over to.the sub committee. .
(Judge Clayton's Testimony )
On the morning that the Committee on B^nks made, I believe, a
partial report, and requested to have certain documents printed,
sUcqiag near the lire, Air. Powell requested me to ask Doct. Doniell
if tie'wished Mr Spalding's letter published I" did so, and received,
for answer that as it was officially addressed to the Governor it ought
to be published—I informed Mr. Powell of this reply, and he said .he
wouiu publish the letter or letters from the President of the Bank
also. Without seeing or knowing what any of the letters contained—
I turned off and there the matter ended. This was early" in the-
morning, after the'bii&aess of Senate commenced, and just after thqt
report alluded to, was made.
She committee furnished to day the following, as additional to th*.
. former testimony.
(Mr. libit being called again,)
States, that when Mr. Scarlett gave Mr. Poweil the document, Mr»
fV-wel» took it and appeared to trace with his eyes thft pagb contain*
ing a por<.ion. of the private letter, from Sir. Kimberiy, abb then
turned over the leaf and appeared-to finish reading the letter. Mr.
Holt cannot say positively that Mr, Powell did read the letter, be-,
.tfouse ne did not bear hira read, any tiling—-but thought Mr. Powgfjl
read it. '
195
Mr- B»aH presented the petition of Joseph Delk, Clerk of th®-
Superior Court of Wilkinson county, which was read and referred to
a committee consisting of Messrs. Bcall, Burney and Groves.
5lr. ■scarfett laid on the table the following resolution :
Resolved That the, Senate do adjourn on Wednesday, the 201&
Int. "Sine Die" •and thai the same be transmitted to the House
-of Representatives for their concurrence.
Mr. Coffee from the committee on Finance, to whom was confided
the duty of examining the office of the Comptroller General-*
Reported,
That they have performed the dutv assigned them, and find th®
books and papers of that office kept with a neatness and accuracy
highly creditable to thai officer.
They further report, That from their observation of the increased
\duties that have devolved upon the Comptroller General, that they
•are convinced that it is impossible that they can be performed by that
officer without the assistance of an addition Clerk.
They believe they may with safety say, that those duties are more
arduous than those imposed upon any officer of the Government, and
the duties and responsibilities of that officer will be materially in-
creased during the approaching year, by the large amount of bonds
and other papers which must necessarily be deposited in that office,
taken for the rent of fractious and reserves, and other business de-
solving upon him in connection with the distribution of ihe lateacquir-
ed territory- And what contributes more to prevent the discharge
of the duties of that officer, is the smal'ness of the apartment set
apart for his office. Upon an examination of the numerous books
and papers belonging to the office, it is found that they are compelled
to be packed away with any regard to order, and not being room found
in the cases, shelves and ether places, assigned to that office, a nam-
her of valuable papers are necesssrily faced placed on the fron ts
'piece,-anti on the chair hoarding of t»e office, where they are very
much exposed and deranged.
Your -Committee would therefore suggest the propriety of assigif-
ing for the use of the Comptroller General, the -a us If office opposite
the one at this time occupied by him, which has heretofore been the
office of the Adjutant General, so that he might deposit the land or
4&s department, or any part of them as might be found convenient—
And as this is an office, the faithful discharge of the duties of which,
is as much Or more to the prosperity of the State than any one known
to our daws—They would respectfully suggest that the Legislature
adopt the foregoing, so as to enable that officer to perform those
•duties in the best possible manner. They therefore beg leave to sub-
mil the following resoiu tion:
Jlesolmd, -That for the purpose of enabling the . Comptroller •
■General to take due care of the books and papers in hib 'office,,
<a>1 .keep filed away and labelled in proper ordsr* khni 9$
* ' ■ 1st ' * " ?
19*6
itave assigned for his use the office opposite that which, he at prs-.
'ent occupies. which has heretofore been the office of th*» Ad|u ant
General of this State, and that he be allowed to employ one ■» i« kin
addition to what he oas heretofore been allowed, and that he Ik al-
lowed five hundred dollars, per annum for that purpose, and propose
that the same be placed in the appropriation act,of the present session.
Which was read sad ordered to lie on the table.
Mr. Stokes presented the petition of Wm. Akins, St. of Morgan
County, which was read and referred to the Committee on Petitions.
Mr. Spann, from the committee on Petitions, to whom was referred
the petition of David Thurman—Repnr ed,
That they have had the seme under consideration, and are ot the
opinion .hat the same is unreasonable,' and ought not to be granted.
Which was read'and agreed to.
Mr Spann from 'he same com n> it tee, to whom was re fei red the
petition of Win Ega?>—Reported, •
Chat they had it under consideration, and are of the opinion that
the same is* un ea-onable and ought not to be granted.
Which was read and agreed to.
The following message was deceived from the house of representa*
tives. by Mr. Dawson, their clerk:
Mr. President—
The house of representatives have passed the following bills, to wit:
A bill to authorise Henry Bran ham and Springer Gibson, tobuld
mil I dams across the Flint river on certain co editions—and
A bill to alter and amend an act, entitled an aqt, to amend the
road laws of this Slate, assented to 19 h December, 1818.
Th»* v have concurred m the report ot the committee, to whom was
referred the subject of the dividing line between this State and the
State of .'aba ma—and
Jo the resolution of Senate in favor of Charles C. Jenkins, Tax
Collector of Emanuel county.
They have also passed the following bills, to wit:
A bill to amend on act for the better protection of orphans and
their estates, passed on the 18th day of Feb. 1799.
4 bill for the belter protection of securities on appeal, on stay of
execouon, on recognisance, bond, note, and other contract.
A bill to alter and amend the first section of an act, entitled an
act io aDer end amend the 13th section of an act, to protect the
est:,;K'v, orphans, and 'to make permanent provision (or die poor,
pas sr. rfr £8t:- Dec. 1816.
A bill "o aher and amend an act, passed the 24di Dec. 1825, es*
tabled:!;ha>h»Uinr> district election? in the county of Bork~~iu»d
y Hiif "e a! ; r and fix the time of holding the Superior court in
the riauthein c.rcuir.
197
Mr. Clayton, of Clark, from the ioint judiciary committee, made
the folJawing report:
The joint commitee on the judiciary, have had under consideration
that part of his Excellency's communication, which recommends a
revised cade to be formed from the Ja ws of this State, the common
and statute laws of England, the apppliaab!e and appropriate princi-
pies of the civil Saw, 2nd of the Napoleon code: ,and your committee
entirely concur with his Excellency, in the opinion that such & work
would be worthy the refinement of the age, ^nd would be alike hon-
orabie to those who should devise, and those who should order, and
provide for its execution.
A code of civil jurisprudence is a system of rates for the regula*
tion of the individual interests of every member of the community—
Rules which it behoves every man to know, and which to place as far
as may be within the reach of ail, we hold to be among the highest
iluii s of the Legislature. A small part only, however of those
rules, on which the rights and duties of the people of this State so
immediately depend, are contained in the statute law of this State.
Tliey arc to be sought for partly in the statutes of this English Par-
liaTneo'c prior in da e to the year 1776 ; partly in the ancient customs
of trie English people, and cf their Saxon and Norman ancestors,
•which f «m the common law, on which their statu en are ingrafted j
partly in the common or ecclesiutical law, which itself is an einena-
tion or branch of the civil law j and pertly in the law of merchants,
of an international complexion in its origin, somewhat modified and
adjusted in the British administration of it, to the local situation and
commercial policy of England.
From sources so diversified and discordant, it is not a matter of
surprize, that principles and rules of civil action with us are hidden
from all but a learned profession, and that they form a subject ofdif-
ficuliy, uncertainty, and dispute even among Cnera* Fo select from
this nu'ss the principles that experience ha3 proved to be sound, to
separate them from the several hundred volumes of obsolete or in-
applicable matter, and present them to the people in an accessible
and intelligible form, is a work which is emphatically tailed for by
the interest and character of (he State, and the daily occurrences
throughout the whole body'of the people. If there is any right more
cleat and unquestionable than ail others, it is the right in the peop'e
to know, or to have the oppor-u aity of knowing the laws by which
they are governed; and if th re exists any remaining badge of our
former servitude to a foreign power, it is, that we have still 10 learn
the extent of our rights and duties, not from our own Legislature,
but from the English Parliament, and from his Majesty's Judges in
Westminster Hall.
It has however been objected (and perhaps no important social im-
provement has ever escaped objection) that a cede would be but the
parent of new uncertainties, and would give occasion to new amend-
moots, t his can be true only in a.limited degree, and for reasons
that apply equalJy to ail improvements of complex subjects that have
•any connexion with the frame ami economy of civil society, for if we
i'm
tyere to suppose the impossible case of a perfect code, the proves#
»f society would evolve new relations, new rights, »ew • u es, hat
must be provided for as they successively am;®. The objects n, if
valid, to the extent sometimes contended for, would prove tbeimr-
tili'y of ail statutes—nay, the constitutions of government them-*
selves had, on that principle, better be left to custom and tradition,,
and not reduced to writing, lest subsequent amendment might be--
necessary.
The work which we shall recommend, is to extract and condense
into a volume, those rules and principles of law which are now buried?
in hundreds of volumes, so as to reveal and explain to the people
that which hitherto, as to them, has been but a hidden mystery ; and
that provision be made in the code for its gradual improvement, as
imperfections in its original frame may disclose themselves, or as new
exigencies may arise in the future progress of society. Such a work
is demanded by its obvious utility and the intelligence of the age,
and is recommended by that salutary pride of independence, which-
would seek to receive its laws from its own Legislature, in prefer-
cnce to learning them of a foreign government The experience of
some of our sister States, and of at least one foreign SrovernmeDt
has proved, that such a measure though arduous, is practicable ; ftttd
its universal utility to the gre^bodyof the people is deemed too
obvious to require any further illustration.
Your committee therefore recommend the passage of the act here-
with reported.
Mr, Clayton, of Clark, then reported a bill to provide for the com-
pilation of a civil code of laws of this State.
Which was read the first time.
Mr. Clayton, of Clark, from the same committee, made the follow,
jng further report, to wit:
The judiciary committee to whom was refered the resolution from
the Senate, requiring thera " to enquire into the propriety of intro-
during a b'dl to revise, amend, and consolidate the several laws now
in "force for the establishment and government of courts of Ordinary,
for the appointment, qualification, or government of Executors, Ad-
ministraiors, Guardians, and orphans, and the distribution of estates'*
beg leave to Report-*-
That the subject referred to their consideration is one of great
importance, and in this branch of our laws, perhaps more than anj
other, revision, and consolidation, and amendment is necessary-r-But
as there is a hope entertained, that before long, the whole of our civi|
code will undergo revision and consolidation.
Your committee deem it inexpedient, at this time, to legislate o&
that part of the cede which has been referred to them.
They therefore respectfully pray to be discharged from the further
consideration of the subject embraced in the resolution,
•Which was read and agreed to,
109
Mr. Clayton of Clark, from the same committee, to whom had
9een nderml the resolution of Senate, requesting them to tj -ire
in! the propriety of altering the judiciary system of rhis Su-c so
as to make it lawful for Clerks and Sheriffs to copy, serve, a«.*d
ireturn all writs and other process delivered to them, within fifteen
days, of their respective courts, except in cases of bills in equity,
8te sad be returned by the Attorney twenty days before said court
—Reported,
That the committee have had the same under consideration, and
#re of the opinion that any alteration of the l av on the subject to
Which said resolution relates, is inexpedient, and therefore beg to be-
discharged from the further consideration of the same.
Which wa$ read and agreed to.
Mr. fro.® the joint printing committee, made the following
Report: .
The joint committee to whom was referred the resolution Com
Senate, instructing the printing committee to enquire into the expe-
tliency of providing bv law for the public printing of the Executive
D« partment, and the several offices of State attached theieio, so&g
to have the same don** in the most economical manner, and to desig-
nate what shall be public printing, and why,t shall be done at the
expense of the several officers, beg leave respectfully to Report—
That they have attended to the duties assigned them, and find that
.ai' the printing required to be executed for the Executive office, and
the office of Secretary of State, the Surveyor arid Comptroller Gen-
eral's office, and Treasurer, is charged to public account, and paid .
put of the Treasury. They beg leave to state as their opinion, that
such printing as is executed in any of the offices for the individual
convenience of the officers, m* for which a fee is received, such be
borne by such officers, but that such printing as becomes a record, or
ttpon which no fee is received, or such as is required by law to be
charged to public account, should be paid from the Treasury of the
State.
Your committee beg leave to add the following list made out after
a diligent enquiry, by'which an opinion may be formed as *o the
enquiry touching the expediency of providing by law for the public
printingof the Executive Department and the several offices of state
attached thereto.
EXECUTIVE OFFICE.
Warrants and Receipts—On these we find that no fees are recqj-
Ved, and that they are matters of record.
TREASURER'S OFFICE.
Official Receipts—These, although printed for the convenience qf
the officer, we consider matter of record, as the margin of each with
a memorandum thereon is preserved.
-v
Certificates to aecpmpuny commissions of civil qficer^rjpfs)r tfiesf
ft fee b received;
200
COMPTROLLER'S OFFICE,
Pedlars Licences—For these a fee is received.
Receipts for money paid info the Treasury, and other receipts-—
These we d-.ss with the official receipts ot the Treasurer's office*
Executions against Tax Collectors, bonds for fractions, est cut ions
for town lots in Macon, blanks for renewal of audited certificates,
receipts of digest of taxes—For none of these is a fee received, and
they are all believed to be necessary for the transaction of business
ia the office, or requii ed by law.
SURVEYOR'S OFFICE.
Plats for Indian Sand, do. fractions, do bead rights, do. Macon
town lots, do. duplicate plats—For all these a fee is received.
Plats for fractions sold by Sheiiffs—For these no fee is received.
SECRETARY OF STATE'S OFFICE.
Commissions for Judges, members of Congress, solicitors and gen-
eral officers on parchment, commissions for justices of the Inferior
court, sh riffs, coroners, surveyors, and clerks ot the Superior and
Inferior courts, receivers and collectors of taxes, militia officers and
justices of the peace—Writs of dedimus potestutum for county ofli-
cers, justices of the Inferior courts, and justices of the peace—Tes-
timonials, grants for first and second lotteries, Macon town lots, head
rights and fractions-r-For all these blanks a fee is reciived.
Agreeable to the principle first laid down, we consider the warrant
and receipt of the Executive office—Treasurer's official receipts—
Comptroller's receipts, executions against tax collectors, and for town
lots in Macon—Bonds for fractions, blanks for renewal of audited cer-
tifica'es, and receipts for digest of taxes, ate public printing—and
thaf Tieasurer's certific ates to accompany commissions to civil offi-
cers, pedlars licences from Comptroller's office, ail the blanks in the
Surveyor's ofi'x e, except plats for fractions, and all the blanks in the
Secretary ot State's office, shou 'd not be executed at the expense of
the several offices and should not be considered as public printing.
W hich was read ant! ordered to lie on the table.
Mr. Sellers called up the report of the committee on the petition
of the Trustees of Henry county Academy. When Mr. Clayton, of
Clark, proposed as a substitute for that report—•
A bill further to support and encourage education in this State
and f or the relief of the Academies thereof.
Which was received and read die first time.
The bill to authorise Stephen M. Ingersoll to erect a bridge across
the Chattahoochee river, and to vest in him and his heirs, the proprse*
,tory interest thereof, for the term of thirty years.
Was read the second time and ordered for committee of the whole-
201
The following; bills were read the third time and passed:
The bill to repeal an act defining the-dusics T l .x Codec-tor, pass*
ed the9th day of December, 1824—and una 'i.i nusly,
The bill for the relief of Benjamin T. liee-s and Talbot Site, of
Columbia county.
The senate resolved itself into a commitfoe of Hie whole on ■'•ill
to incorporate and vest cet tain rights in Mouaghan Academy ,in V* ar-
ren county. Mr, Foster in the chair.
The president resumed the chair, and 3Jh*. Foster reported the bill
with amendment.
The senate took up and agreed to the report.
The bill was read the third time and under the title -f a
bill to incorporate Monaghun Academy fo Warren co nty.and d '■>< k-
man Academy in the county of Green,and to appoint Trustees for said
Academies.
The senate resolved itself into committee of the whole, on *he'
bill to arneud an act, suoplemenary to a a act,' more effectual'* to
enforce an act, entitled an act, prescribing the mode of manumi
slaves in this State, and also to prevent the inveigling and illegal
earn ing out of the -State persons of colour. M r, W byten in the chair.
The President re?r»nnd the chair, aid Mr-. Wooden reported the
bill without amendment. . '
Ordered, fhat the report lie on the table.
The senate resolved itself into a commi:foe of the whole on the
bill to establish f»ee schools in the county of G winnett, Mr. Groves
in the chair
The president resumed the chair, and Mr. Groves reported the
bill with amendment.'
The senate'took up and agreed to the report. , :
The bill was read the thud tune and passed.
The senate resolved itself info a committee of the whole on the
bill to separate .and divorce Hannah Norman, former!*. Haremh
Andrews and Sherwood Norman her kusbautL mr. 11 .-'mirick in
chair.
The president resumed the chair, and .Mr. iJer.drlek reported die
bill without amendment.
The Senate took up and agreed to the report.
The b.ii was read the third time.
And on its pa-sage she yeas and nays being rn'juuctf, it e.asdfcn
termined in the i ftirroativc.
The Yeas are 35, nays 15.
Those in the aflirma ivc are,
Messrs. . -
Allen Gr«ves
BaKer of Giber-;/ flu? man
Baker of ^ rr.-n Hondrick
Bros.', n n5 '<'- mil n Janes
Brown * f» ho ••'k Janes
Brown ot Monroe Luwson
St."kcs
Si - i.-wa
'1 l-eu'its
■ T'pphs
W-iki-r
Wkcg
"Brock man
Carcille"
Choice
Ciavtoo of Clarke
Footman
Ftvizer
Matthews
Powell of Mcintosh
Spann
Scarlett
Seilars
Smith
WeIibo%
Williams
W isiioerly
Wooten
Those in the negative are,
M ssrg.
Al ton
And son
.Bla kst»ne
B A'
Brown of Decatur
Clayton of Pulaski
Coffee
Dyall
Foster
Knight
Love
Mitchell
Ray
Wynn of Gwinnett
Wynn of Hall
The senate resolved itself into a committee of the whole on the bill
to d.i orcv and separate John Smith and Sarah his wife. mr. Law»»^
& '.re chair
The president resumed the chair, and Mr. Lawson reported the hilt
tyithou amendment °*
Pile senate took up and agreed to the report.
The bill was read the third time.
And on t ne passage of the bill, the yeas and nays being required;, ,
ijt was determined in the affirmative.
The yeas are 36, the nays are 15.
Those in the affirmative are,
Messrs.
A He 11
Biker of Liberty
Baker of Warren
B all
II own of Camden
B own of Hancock
B own of Monroe
C rgii c "
( i oic •
Giay-on of Clarke
Coffee
•Dyall
Footman
Fra/.er
Harman
Hendrick
Janes
Lawson
Matthews
Porter
Ray
Scarborough
Spann
Scariett
Tr«».e in the negative are,
Messrs.
A!- o.
AiO,c'«on
Blacks-o?5e
Blair
Brown, of Decatur
Brock man
Clayton of Pulaski
Foster
Groves
Harris
Smith
Stokes
Stratvn
Thomas
Tippius
"Walker
White
Wellborn
Williams
Wimberly
Wooten
Young
Knight
Mitchell
Powell of Mclnto^t
Wynn of Gwinnett
Wynn of Hall
Tee'senate resolved itself into a committee of the whole on the
bill «epara,r and divorce Mary Gorham, formerly Mary Avery/
and I'nomas Gorhaui her husband, Mr. Alston in the chair'.
203'
-The president resumed the chair, arid Mr. Alston reported the bflV
Without amendment.
The senate took up and agreed to the report.
And the bill read the third time.
And on the passage of the same, the yeas and nays being require^
it was determined in the affirmative. The yeas ate 41, the nays Id,
Those in the aflir mative are,
Messrs.
Aden
Harman
'Stokes
Baker, of Liberty
Hemirick
S:rawa
Baker of Warren
Janes
Tenniile"
Beall
Jor es
Thou; as
Brown of Camden
Lawson
Tlpoius
rown of XIaocock
Love
Walter
Brown of Monroe
Matthews
White
Cargille
Powell of Mcintosh
W itt
\Choice
Porter
Wei i iiirn
Clanon of Clark
Ray
WUJkms
Coffee
Scarbo ouglv
W ; S s . • i'' ? I'y
Footman
Span n
W'ti.ta
Frazer
Scarlet
Young
Proves
Smith
Those in the negative are,
Messrs.
Alston Brockman Harris
Anderson Clayton of'Pulaski Mitchell
Blitckstone Daniel SeU-r*
JSlair. Dvall ynn of ftwinnetfc
Brown of Decatur Foster Wynn of Hall
The Senate resolve ! itself into a committee of the whole on the
bill to establish an additional electoral district in the county of Co*
lumbia, mr. Clayton, of Chrk, in the chair.
The president resumed the chair, and Mr. Clayton reported the bill"
without amendment.
On motion to lay said report on the table for the present, it waV
determined in the negative.
The yeas and nays being required, are—yeas 28, nays 2£
Those in the affirmative are,
Messrs.
Allen Daniel
Baker of Liberty -Dyall
Baker of Warren Footman
Brown of Camden Harman
Brown of Decatur Janes
Scat borough;
Stakes
Thomas
Tipptqs
Witt
204
Brown of Hancock Jones
B'own of Monroe Lawson
Brock man Love
Choice Ray
Ciayion of Clark
Williams
YV inil> rly
Wyi.n if Gwinnett.
Wynn of Hull
Th'<«.e in the negative arc,
Messrs.
Alston
Groves
Sellers
Anocrson
Harris
Smith
.Bead!
IJeiuiriek
Sfrawn
B! ckstone
Knight
Tenniile
lil; i
Ma' shows
Walker
CargiMe
Mncnell
White
Clay..on of Pulaski
Powell of Mcintosh
Weilborn
Coffee
Porter
Wooten
Foster
Spann
Young
Fazer
Scarlet
Jones then offered a substitute to the report—Which wa&
tvr?ao*1 with the original report ordered to lie on the table,till jlfuXL-
ds. r next.
The senate adjourned until Monday morning 10 o'clock;
MOJVDJi F, December 11 th. 1826.
On motion of Mr. Powell, of Mcintosh.
Resolved, That the official letter of Anson Kimberly, the presi-
dent of the Darien Bank, as communicated to the senate on i'hurs-
day last, be placed on the journal of the senate.
Jiud be it further resolved, That the printed documents alluded to
b.V William (J. Dame:,' when he moved for the appointment of a com-
mittee to enquire into the cause of their printing, with power to send
for persons and papers, bt also placed on the journal of senate.
(The official letter of A. Kimberly.)
Daricn, 13?h November, 1826.
Ali.KN B PQWKLL FSQ.
Sir— »y -r -esolai. ~.a of Directors of the D-irien bank, I am dL
reeled to forw r J to the delegation from this county, a detailed state-
205
orient made by a committee of the bank of its present situaticn, to be
njoti- use of as the delegation may think most proper in aid of the
jnte eS' of the institution, and 1 now enclose said statement wttft 'he
resolution appointing said committee, and the proceedings on anept-
jng their report. Dr. Troup one of the* committee, having differed
with the majority in the amount of loss, has not signed the report.
Your obedient servant,
Signed, AN SON KIM BERLY, President.
The letter of Mr. Harmon upon the request of Mr. Powell, wgs
*1 so journalised, and is as follows:
Milledgeviile, 11th December, 1826.
Allen B« Powell, Esq.
Dear Sir—At your instance and particular request this morning,
I feel v. mv duty to state, that in all the interviews which took place
between Dr. West and myseif, two ot the sub 'Committee on the Da-
rien Bank, you invriat-ly abstained from interfering in our dist us-
sions ; and when mure than once asked by me to give some ioforma-
£ion on the subject, you declined doing so and retired from the room.
Yours truly,
WILLIAM N. HARMON.
Darien, November 13ih. 1826.
Allen B. Powell, Esq.
Sir—Since writing you by the last mail, nothing special has tfc-
eurred. Accompanying this, you will have the report of the commit-
tee appointed to give a detailed statement of the situation of the Da-
fieri Bank ; this varies some from my statement, but not materially.
The committee make the losses something larger than 1 did, a?>d as
this did not accord with the views and feelings of Mr, Spalding, who
1 suppose had calculated on their aid in keeping the public in the
dark, he and Dr. Troup withdrew from the board, and although the
Doc!or agreed pretty much with the balance of the Committee in the
detailed statement made cut of bad debts, still when the result ap-
peared so different from his calculation, he thought prope? to «assent
and has not signed the report—A copy of the resolution appointing
the committee, and of the proceedings on Thursday, accompany the
report. On th .tday much warmth and irritation was exhibited, and
although the majority was a large one,still as Mr. Spalding coulo not
drive them info a course of deception, he became much irritated and
finally left us in a rage— fheir leaving the boartl, jcu will fr d men-
tiooe « on the minutes, bu in as m-»desr a way as possible, cot be-
it):,! o wish to make the breach widei than it now is, notwiu stand-
in- their conduct is such that they ought not to receive any indul-
zm
gence. The reoort with all the proceedings, will be spread upon %
mmiutes, to enable.our juccoasors to decide, whether .we have acted
in this business with fairness toward the institution and the public, or
not.
In addition to the other papers, vou will find the report offered by
Dr. Troup which was rejected, to put you in possession of the views
of all the board. Since the report was made out, returns have beau
obtained from' ffie Branches, which show a farther reduction in the
amount afljat, of more than ten thousand dollars.
I certainly regret the change in our legislature, more particularly
as it will put at hazard the now fair prospects of the Bank of Darien
•»—-I cannot however dunk that lie 10 .jorify, merely for party purpo*
ses, can put at hazard he inUuests oi the State in this institution
which they certainly will do if they now meddle with it*
Your obedient seivant,
ANSON KIMBERLT.
BANK OF 1MRIEN, T
October 31sf. 1826. $
The following resolution offered by Major Wood, was read and
agreed to :
Resolved, That a committee be appointed to make a special report
Shewing in detail tho situation of the bank in relation to its issues*,
debts, and other matters connected with its concerns, with a view to
present to the legislature the means and resourcrs of this institu-
tion o pay its debts, and in time, to go into active and efficient ope-
ration
Messrs. Atkinson, Wood and Troup, were appointed the committee*
Extract from the minutes,
J. G. BELL, Teller.
Tuesday Morning, November 7th. 182<6.-
Reports from Dr. Troup and "Maj. Wood, two of the committee ap-
pointed to make a snecia! report, were submitted to the board, and a
fnotjon was made and seconded, that Dr. Troup's report be adopted.
The ayes and nays were taken, and the result was as follows t
Ayes-" Messrs. Spalding, Kell and Troup.
Nays—Messrs. Dunham, Wood, King, Atkinson, and Smith.
Dr. Troup then offered the following resolution, which was agreed,
tor;— .
Resolved That the consolidated account with the detailed report,,
accompanied by explanatory remarks, be recommitted to the same-
committee for reyisal and consolidation, and that they report at an
extra meeting of the b mrd to be held on Thursday next at 12 o'clock*-
Extract from the minutes,
■J. G. BELL, Teller
'207
Thursday Morning, November 9th.' 1826.
" Ulie Directors met.
Present—Mr. KIMBERLY, President,
WOOD, S I I B, SSJ\LD1NG,
ATRINSON, TROUt\ DUNHAM
Absent—Mr. POWELL, RING, RELL. V
Agreeable to a. resolution of the last meeting of the board, the?
directors met this day for the purpose of adopting a report to be
vs*u'omitted to the legislature, shewing the present state or the bank of
Dar en—When Maj. Wood offered the following resolution, which
was agreed to by a majority,of the members present
Resolved, That in the investigation now before the board, it
Considered that the banlc in its calculation, state the stock at forty;
five dollars the share, it having been taken from persons in payment
of their claims, who were considered as unable to pay the same, ex-
.'cept by taking their stock at-sixty-five dollars 'per share. 1
When Maj. Wood offered the resolution to take up the report of
the committee, which was agreed to ; and after considerable debate,
Messrs, Spalding and Troup retired ; when the question was taken
-*on accepting the report of the committee, and unanimously agreed to.
Major Wood then offered the following resolution, which was like*
yWise agreed to-
Resolved,. That the report of the-committee detailing the affairs of
•the bank,he.transmitted to our senator ard representatives, to either
Hay before the p esent legislature, or otherwise, as they in their judg-
diaeot may .deem meet. 8
detract from the min u tes,
' J. G. BELL, Teller.
fiAKK REPORT.
"The committee to whom Wits referred the resolution of the D'rcc-
"tors ©f the bank of Darien to report on the state of the bank, do?
iJieport: " - 1 <
That they have given the subject as full ah investigation as the
time would admit; and for the more perfect 'understanding of the
affairs of the bank in detail, they have considered them und r the,
following heads':—1st, Issues—2d. Its Funds—311. Its economy
.Its• me?.gnre^T-jmd .-.5th* Itsstocjfe*
208
1st As to ils Issues. It appears that the bank and its branches
^ huve put notes into circulation previous to the year 1826, as follows 1
Mother Bank, - - - $1,029 363
Miheug^viile Branch, - - 732 Of 0
Marion Branch, now Macon, - - 95,000
Making a total of -1,856,366
Of the above amount <he«e had been re-
deemed previous to 1st January 1826, $723 390
During the last, ten mouths, 350,973
:—i 074,363 ,
Leaving this «um yet in circulation, $782 000
To reduce and pay (hi*, we proceed next to shew the resources of
the batik, as follows •
1st. It> funds.. Whi' h we shall class under three heads, good,
doubtful, and bad, contracted as follows—
At the Mother bank debts due, good, $438,679
To whicri may be added, back interest due not yet pd. ' 30,000
Cash on hand and bills os exchange, 28,672
At the Branch at Miilledgrville, 480 000
Do, do, Viarion now Macon, ' 95,000
Amount ana value of real estate, 89.000
$1,161,351
• • ' ■ " '' ' . ( ■ ; ."
2d. Doubtful. From which a part, if not the whole, may be re-
Covered. 11
At the Mother bank, - - - $80,710
Do. Branch in Miiledgevillc, - - - 10000
Do. do. in'Macoti, - - - - 5,000
$95,710
3A Bad. Even fat some of these a small per centage may yet be-
chained. . 4 - . "
At the Mother bank, - - - - , - $255,730
Do. Branch in -VI ill edge v? lie, - - ' - • ' 10,000
Do. do, Marion, now Macon, ' * - 35 000
$300,730
The real estate given as a security alone, and in other instances as
additional, is—
At the Mother bank, - ^ - - v- $189,385
D j. B.anch in Miliedgcviile, not known, -
Do. do. Macon, do. • ,
T -wn and city property, either owned or under mortgage to the
situate as follows :-r~
In *he city of fcavar.nah, - •• - $35 00 g
Do. of Dsrieu, - - - 131,000
Elsewhere, - - 23 385
$189,385
5il.' Economy. The expenses of the Bank and its Branches fo#
merly were for salaries,as follows:—
At the Mother bank, - - $7,100
!).>. Brunch bank in MiHedgeville, » 4 000
Do. Mui sou, now Macon, - - 2.000
-13,100
These have been reduced as follows:
At'he Mother bank, ... $4200
i)>!. Branch in Milledgeville, - - 2,800
Do. do. Macon, - - 1.6GO
-8 600
Difference, $4,500
4'h Measures. A call was made payable in the winter of 1825-6
©f 30 per cent at the Mother Bank, on which there was paid as , *e
run of 20 per cent, on the whoie debt, or $2:3,000
At the Miliebgeviile 8;»nch the call asnounted to 36
per ten*, on ttvesr amount, or the sum of 289 000
A' he M*c«»n B an il toao-ut 20 par cent, or ' S9,Ou®
DooiS not lunrii g or conttrn-ed, lo be discounted
agreeable to the rules of the Bank, were ordered
to be sued—of this amount there is in suit and in
judgment at the Mother bank, $450 oqq
At toe Milledgeville Branch at this time not known. The same, re-
mark applies to the Branch at. Macon. Another cail has been m the
of 30 percent, bv the Mother Bunk, payaue at three periods, oi 60
days each, commencing the fir3t of January next.
5th. Stock, The amount paid in by the State, 65 per
cent, or $335 000
Amount paid in by Stockholders, do do. - 3-_6 <75
£(.51,176
The Bank has made 12 dividends, or per cent, a-
mounting to, - - - 297,861
The bank has been obliged to take of its s:ock in
payment of bad and doubtful debts, to the arn'r of 85,^79
There is hypothecated stock which it is believed wll
fall iato the hands of the bank, and unredeemed,
of about - - - - - 60 ooo
{ *'
145,270
Sen 14
210
Stockholders amount paid in, _ ;326,15£-
Iri'S will be the sum due to tne stockholders,. ISO ",96
And r the amount stock deb.s to, 565 996
AH of which is respectfully submitted, by
w-am I Committer
Gh.0RGK A I KiN.'nON, j, <
Bank of Dnrien, November 9, 1826*
REPORT
Offered by Dr. Tkoup-, and rejected.
The committee appointed to examine into, and make a report of
The actual 'ate,of the Bank, for the purpose of being laid before the'
legislature, beg leave to submit the following as the result of their'
inves igation;— . ■ ,
In the statement submitted by your committee, it will be seen, that
the condition of the bank varies materially'from the statement lor-
warden by the 'President-to the Governor. This difference is chiefly
owing 10 tlv omiss-on on the pari of the President, to credit the book'
wi'b the'stork it has received in payment of debts, in hot including
the-b^ek interest due on good notes, and considering as bad, what
your committee believe to be ultimately good, tn.e Louisiana c laim,
The-e several items make an aggregate amount'of. dollar^,
which placed to the credit side of the bank, yill leave a deficit of
' dodars L estimating the loss the bank will sustain from
bad debts, it wif! be perceived, that the committee enumerate many
as/s'uc'o. from wh'ca something will he realised eventually. So in re- .
latino .. the property owned by the bank. In estimating tris item,
yohr • remittee have allowed upwards of 50 per cent, for the depre-
ciation of property of every description, winch under Ihe present de-
pres-siofc is deemed liberal, and which, under a more fortuna.fe at te :'
©f f 11 imcsuch as a revival of hade in Darien, would be considered
not on v; rr pie to secure the bank from, loss, but to leave it a cqnSidfc-.'
jrable p.? tr. •
Darikr, November.9th. 1826,
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I)arien, November §th. 182©.
To his Excellency George M. Troup :
The report forwarded on to you by Mr. Kimberly the President
of the Bank, was sent on without oeirtg sabmuieu to the board ot l)i-
reotioii*—1; is to be received, theiefore, simply on the responsibility of
Mr. Kimberly. V'hen this was tns<?• known, a committee w.js ap-
p inoMt to examine into the state'of the institution, for the puipose
of ascertaining its real condition.
The committee charged with this duty, could pot agree in their re-
port—Srfrequemly? a ba • m?jo>it\ of the Board have madh up a re-
port to be transmitted to the iepr*s®«t*lives of this coun!y, to be
used by them a* they -way think meet B lieving both these reports
calculated to injure * „s? ;•«».» «*>n of the b.*nk, and believing as we
do, that be as«ets of 4» e bank, if prudently collected, will refund
eve-y dollar of the capital, origin dly invested, we transmit to your
Excellency a renewed staremeni ot the bank and its cond'tion, pre-
in red by us with great care, and wiife the aid of the on(y officer that
has been left us in the institution.
! The principal causes of difference, are in three items
• First—The bank owns a large portion of its own sto^k, which was
taken for debts that were o hrrw ise doubtful. As the stuck at par is
a debt a«ainst the bank at g65 per share, we claim the stock held by
the bark, to be a credit at g65 per share. This item will make a
difference of about thirty thousand dollars.
Second—There is a debt due the bank on judgment against Messrs.
J. & G. Bolton of NeW-Ymk, for seventy five thousand dollars.—
lime was given to the Messrs. Bolton's by this institution, in com-,
m«n with all the other institu ions of the Sta'e, for debts of the same
character. In'adriition to this judgment, we hold as collateral secu-
rity for its payment, bonds and moitgages upon real and personal es-
tateof Col. Stephen Proctor of Louisiana,do'the- full amount. We
conscientiously believe, (hat between our collateral securities and our
judgments against Messrs. Bolton's, thebank will not lose one dollar
of this debt, "
| Thirdly—Upon the great mass of debt now in judgment, we put
down 550.000 for interest due. These three items alone, not one of
which were admitted by Mr. Klmberiy, more than balance the esti-
mated loss made by him in his statement. Submitting this letter
and its contents, to be used by your Excellency in any manner you
may think best tor the public good,
' We remain respectfully, your very Cbedient servants,
T. SPARRING,
JAMES TliOUP.
I am perfectly satisfied with the contents of the above letter.
Signed,
ANSON KIMiiERLYi
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214
The fTowing statement Tom Joseph Wrshburn, Cashier of thrr
Bar en ra oh Ba k a: M-jle*f. ev ie, v a s baii ted by Mr. I);nie1
and or <. el to be journalised.
Salaries of the Officers of the Varien Branch Bhnk tn Milleclge»
ville, in 1825.
Samuel Boy kin, President,. $ 1,000
P F jail let, Cashier, 1.500
Geo „ e W. Murray, TeMer, 600
Francis Jeter* Book keeper, l,O0@
Salaries in 1826.
John Clark ard Thomas W, Baxter, President, g> 800
Joseph ^asoburn, Cashier, 1.400
Geo>ge W. Vsurray, Teller,. 600
Burton Hepburn, Book-keeper, 800
Difference, &TCO
fAdditioral Testimony.}'
(Mr. Robert Freeman''s evidence.f
On the morning that the printed documents relating to the Dariejj-
bank was laid on the desks in the house of representatives, I was sit-
ting at one ol the decks with Dr. West; he took up one of die re-
ports and apparently was reading it; 1 took up one and was reading
the letter from Anson Kimbv*ly to Alien B Powell,Esq. Dr West
then turned, to me and said, that the letter 1 was theu reading, (being
the one Pom K?ruberiy to Powell) was not written for publication,
and that it w«>uld nor h:*ve been pu-biishtd at al>, only for the purpose
of rebutting the report of T. Raiding and James Fr< up, arid the in-
tention of making it public was to counteract an illiberal remark
made in the report of Spalding and Tioup at he same time po» ruing"
out to me the latter part of second section ofsaid report Mr. Free-
man states, it was at Dr. West's desk vhe above conversation took
place—He also further states, that he (Dr. West) then said he re-
greittd that the ietser had been published.
(John ICennon's testimony.)
On of last week, I observed to Dr. West, that Mr. Kirn-
berly had treated the legislature indecorously in the leuer that he ad-
dressed to Mr. A. B, Powell ; he observed that Mr. Kbit berly never
intended that letter for publication, and he further observed, that he
desired Mr Pmvell not to publish it, or regretted that he had publish-
ed it; the strong bias or my mind is in favor of his having said that
he desired Po veil no; o [lublish Kjmberly's letter.
Mr. WimbeHy had leave to introduce instanter, a bill to authorise
the name ot Jam.-s Vv. Fannin, jun. to be entered for one draw in the
present co templated land lottery..
Which was read the first time.
215
Mr Choice had leave to report in-tanter, a bill to authorise certain
commissioners therein named to r&iu«- -by lottery he sum of.th ee
thousand dollars for Use use of the D-; Kalb academy, and also to u-
t'lori-e the judges of the Inferior court ta vest one thousand dollars
of die county funds in said lottery.
Which was read the first tune..
Mr. White had leave to report instanter, a bill to authorise Wdliarp
'"Williamson to establish a ferry over Flint river on his,own land.
Which was read the fust time.' -
Mr. Beall from the joint printing committee to whom was referred
the proposals of the several printers of thus city for p inting the
J^ws and journals of the present session—Reported,
That they have agreed to receive the proposals of Messrs. Camak
and Ragland, at one cent per sheet of eight octavo pages j the laws
to be printed in three weeks after the close of the session, and the
journals in six weeks thereafter.
Yi.ur committee beg leave further to report, that Messrs. Camak
and Ragland, having made propositions for the execution of the laws
ami journals in a superior manner at an iac» eased price, which your
.committee beg leave to submit for the consul' r« tion of the legislature.
Which was read and ordered to lie on the table.
Mr \ilen laid on the table the following resolution :
"Re-ulved, That both branches of the general assembly will con,-
vene in ihereprescntative chamber on Friday next at 11 o'clock, a at,
for the purpose of electing six directors for the bank of the jSlate of
Georgia, on the part of the State, two directors on the part of the
State for the Planters' bank, and five directors on the part of the
State for the Darien bank.
Mr. Scarlett called up his resolution relative to the adjaurnnientof
,t.be legislature sine die on the 20th instant.
Which was read and again ordered to lie on the table.
The bill to provide for the compilation of a civil code of laws for
this State—and ■ ■ » '
The bill further to support and encourage education in this State>
and for the relief of the academies thereof.
Were read the second time and ordered for a committee of the
whole. .
The senate resolved itself into a committee of the whole, on the
bill to authorise Stephen Vlf. Ingersoli to erect a bridge across fhe
Chattahoochie river. ,Mr. Jones in the chair.
The president resumed the chair, and Mr. Jones reported progiess
and had leave to sit again. \ .
The senate resolved itself into a committee of the whole, on §19
bill to raise a tax for the support of government for the year 1827.—
JVfr Powell of .Mcintosh in the chair. ^
Toe president resumed tlje chair, and Mr. Powell reported the
bill with amendment. ,
218
The Spnafp fs kup the report and
On motion of Air Jones to strike out the paragraph in these words;
Jhid be it further enacted,That ail houses and lots in cities, towns,
an" vifages, otrupied by the owners thereof as dwelling houses,
shall not be taxed as heretofore the sum of thirty one and a fourrh
cents on every hundred dollars of their value, but shall be liable to,
and their owners ?hal! pay a tax of twenty cents on every hundred
dollars worth of their value. It was determined in the affirmative.
The yeas and nays being required, are yeas 35, nays 27.,
Those in the affirmative are,
Messrs.
Anderson Coffee
J»; ker of Liberty Dyall
Baker of VV arren Foster
By a II, Frazer
Bl ckstone . Harris
B air Hendrick
Brown of Decatur Janes
Brown of Hancock Joice
Brockman Jones
Burney. Knight
Cargilie Love .
Clayton ®f Pulaski Mitchell
I
Powell of Rabun
Porter
Scarborough
Spann
Smith
Straw n
Tippins
Wellborn
Wimberly
Wooten ' ,
Young
Those in the negative are.
Messrs.
Allen
Alston
Broadnax
Brown of .Cwnden
Brown of Monroe
Choice
Clayton of Clark
Daniel
Footman
Groves
Haiman
Hoxev
Law son
Matthews
Powell of Melntosh
Ray
Scarlett
Sellers
Vlr Clayton; of Claike, offered the following as an additional
section: 1
Stokes
1 en i> die
Thorras
Walker
White
Witt
Williams
Wynri of Gwinnett
Wvrsn or Hall
Jlnd be it further enacted, That the present general tax of the state
on all susjer.'s of taxation, be reduced twenty five per centum, when
Oa motion to agree thes eto, it was determined in the affirmative.
' The yeas and nays being required are, yeas 38, nays 24>
f Those in the affirmative are,
Messfs.,
AL-»u t Footman
Anderson Fosier^
Bfll Fr /er*
Blacks, tone Groves
rpann
Sellers
Scrawn
1 homas
21Y
Rkir
B-ockman
Buroev
Cusille
Choice
C avton of Clarke
Clayton of Pulaski
Coffee
Daniel "
Hen »lrick
Hoxey
Janes
Joice
Jones
Lavvsoa
Matthews
Powell of Rabun
Porter
Those in the negative are,
Messrs.
Allen
Baker of Liberty
Baker of ^arren
B 'V'.'kfiX
B-- of Camden
B > w of Decatur
Br<w# of Hancock
Brown of Monroe
Dyall
H*rma&
Harris
Knight
Love
Mitchell
Powell of Mcintosh
Ray
Tipping
White
Wi«t
Wellborn
Williams
Wynn of Gwinnett
Wycu of Hall
Young
Scarborough
Scarlett
Smith
Stokes
Tennille
Walker
Wimberly
W ooten
The report being amended and agreed to, the bill was raad the
third time and passed. '
The Senate resolved itself into a.committee of the whole on the
bill to organise the 'en-it bry iate.ly acquired Lorn, the Creek Indians,
lying; between the Flint and ChaUahoochie rivers and west of the
ChaTtahoochie. Mr f'enuilie in the chair.
The president resumed the chair, and Mr. Tennille reported the
bill without amendment.
The senate took up the report by paragraphs.
And on motion of Mr. Blair to strke out in the first section se-
cond paragraph, the word "Muscogee" and insert "Campbell."
Mr. Daniel moved a division of the question, and the motion being
to strike out the word " luscogee," the yeas and nays being tequir-
ed, are yeas 29, nays 34.
Those in the affirmative are,
Messrs.
Alston
Anderson
Beail
Blackstone
Blair
Broadnax
Burney
Cargille
Clayton of Pulaski
Coffee
Foster!
Frazer
Groves
Harris
H* ndricfc
Joice
Mitchell
Powell of Mcintosh
Powell of Rabun
Porter
Spann
Sellers
Stiawn
Ten mile
Walker
White
Wellborn
Woolen
Young
'Those iB the negative are
Messrs
AIL
Bo^r of
Bake.- of
Brown of
Brown of
B; own of
Brown of
Bto'fknian
Choice
Clay m of Clarke
Ih-nsel
Dyali . •
Liberty
Warren
Camden
Decatur
H_ ncock
on roe
Footman
Harunaa
Horn
Hoxey
Janes
Jones
Knight
Lawson
Love .
Ma / hews-
Ray .
Sc.nrborougS,
Si ett
Si: ' >>
Stokes
Thomas
Tippins
Witt
Williams
Wimberly
Wynn of Gwinnett
Wynn of Hall
The third paragraph in the'first section being read, Mr. Wellborn?
moved to strike pit "Troup" and inset t "Marion," and on tne que-*-
tion to strike out, it was determined ia the negative.
The yeas"anti nays being required, are yeas 27, naysSfi;
Those who voted in the affirmative are.
Messrs.
Anderson
Beall
Blackstone
Blair
Broadnas
Burney
CargUle ' " ■
Clapton of Pulaski
Foster
Frazer <
Groves
Harris
Hendrick
Joice , .
Matthews
Mitchell "\
Powell of Mcintosh
Powell of Rabun
« Those in the negative are,
Messrs.
Alien Daniel,
Alston ■ Dyall
Baker of Liberty Footman
Bauer of Warren Harman
Brown of Camden Horn
Brown of Decatur Hoxey
Brown of Hancock Janes
B own of Monroe Jones
Broekraan - Knight
Choice - . Lawson
Clayton of Clarke Love
Coffee Ray
Fortet-z
Spann
Sellers-
• Strawm
Tennilie
Walker
White
Wellborn
Wooten
Scarborough
Scailett
Smith
Stokes
Thomas
Tippins
Witt
Williams
W imberly.
W'ynn. of Gwinnett
Wynn of Hall
Young.
The fourth paragraph of the first section being read, Mr. Tennille
moved to strike out "Coweta" anc| insert "Niewnan," and on the
qars i ui to strike out, it was determined in the negative- *
The yeas and nays being required, ara yeas 30, nays
2 m
Those in the affirmative are* ,
Messrs.
Porter
Alston
Foster
Anderson
Frazer
Sinnn
Beall
Groves 1
Sellers
Blackstone
Harris
S 'r- .vn
Blair
Hendrick
"Teenille
Broadnax
Joice
Walker
Burney"
Matthews
Wo Me
Ci 'gille
Mitchell
Wv-ilbori
Clayton of Pulaski
Powell of Mcintosh
W oo xn
Coffee
Powell of Rabun
• Young
Those in the negative are,
Messrs. y
Allen
; Dya'l
Scarborough
Baker of Liberty
Fobrman
Scarlett
Baker of Warren
Harman
Smith
j Brown of Camden
Horn
Stokes
Brown of Decatur •
Hoxcy
Thomas
Brown of Hancock
Janes
Tippins
Brown of Monroe
Jones
Witt
Brockman ,
Knight
Williams
Choice
Lawsott-,
Wunbevly
Clayton of Clarke
.Love
Wynn of Gwinnett
Daniel
Ray
Wynn of 11.id
The seventh paragraph of the first section being read, Mr. Porter
moved to strike out
"Pond Town or *Villiau»a9 Siore," and insert
"•Bailout's Town and the house of Phbmas F. Whitting!on.,, and ,»a
the question to agree thereto,'the yeas and nays being required* are
>*peas 28, nays 34.
, -
•
Those who voted in the affirmative are,
Messrs. . ■. 1' '
Alston
Anderson
Beall
Blackstone
Blair
Broadnax
Birney
Cargilie
Clayton of Pulaski
,, Coffee
Those who voted in the negative are,,
Messrs. '
Foster
Frazer
G-oves -
Hehdrtck
J»ice
Matthews
Mitchell
P j.ell of Mcintosh
Powell of ilabuti
Allen
Baker of Liberty
Baser of Warren
Brown of Camden
Brown of Decatur
Footman
Harman
Harris
Morn
Ilpxey
Porter
Spa on
Sellers
Stravn
Tennille
Walker
Whs :e
Wellborn
Woolen
Scarlett
Smi^h
SV kes
Tb 001 as
Tippins
•220
Brown of Hancock Janes
Brown Of Monroe Jones
Brock in an
Choice
Clayton of Clarkt
Daniel
Dyall
Knight
Lawson
Love
Bay
Scarborough
WiC;
Wiiiiams
Win ber j
Wynn of Gwinnett
Wynn of Hall
Young
The first paragraph of the eighth section being order consideration
Mr. Strawn moved to strike out after the words "Be K-db" and ih$
word "Fayette" and on the question to suike out, it was determined
in the negative.
The yeas and nays being required, are yeas £8, nays 35.
Those in the affirmative are,
Messrs.
Andhrson
Frazer
Spann
Ball
Harris
Sellers
BUeksione
Hendrick
Strawn
Blair
Juice
Ten oi lie
Broadnax
Mat'hews
W alker
Burney
Mitchell
White
Cargille
Powell of Mcintosh
Wellborn
Clavton of Pulaski
Powell of Rabun
Wonten
C 'doe
Porter
Young
Foster
Those in the negative are,
Messrs.
Allen
Dyall
.Scarborough
A-s^'on
Footman
Scarlect
*i|aker of Liberty
Groves
Smith
Baker of Warren
Harman
Siokes
Brown ©f Camden
Horn
Thomas
Brown of Decatur
Hoxey
Tippins
Brown of Hancock,
Janes
Witt
Brown of Monroe
Jones
"Wiliams
Brockman
Knight
Wimberly
Choice
Lawson
Wynn of Gwinnett
Clayton of Clark
Love
"Wynn of Ilall
Daniel
Ray
Mr. Coffee then moved to insert after the word "Fayette," the
words " JSaker, Early, and Decatur," and the yeas and nays being
required, are yeas 26, nays ST.
Those in the affirmative are,
Messrs.
Alston Foster Porter
Anderson Frazer Sellers
Biackstixie Groves Strawn
221
Bro.vloax Harris Tonmile
Br-.cksuan Joiee Waikcr
Buro-'V M,ii thews White
Cargdle Muh cell V> elih^tU
CUvton of Pulaski Powell of Mcintosh Woolen
Coffee Powell of ilaou.i
Those in the negative are,
Messrs, ,
Allen
Foot mm
Spana
Biker of' L'berty
Harman
Scarlett
Biker of Warren
Hendrick
Smith
Bead
Horn
S« okes
Blair
Ho*ey
Thomas
B: own of Camden
Janes
Tinpias
Brown of Decatur
Jones
Witt
Brown of H tnrock
Knight
Williams
Brown ot Monroe
L.uvson
Wimberly
Choice
Love
Wynn of Gwinnett
Ciay on of Clarke
Hiy
Wynn of Hall
Daniel
Scarborough
Young
Dyail
Mr. Strawn then moved to strike out in said section the words,
"the third Monday in April and d.Sober," so far as respects the time
of the sitting ol ihe Superior courts in the county of Fayette, and
insert the words "trie second Monday in March and September."
The yeas and nays being required, are yeas 26, nays 27.
Those in the affirmative are,
Messrs.
Anderson
B-ull
Biackstone
Biatr
B-oadnax
Barney
Cargille
Clayton of Pulaski
Coffee
Foster
Frazer
Groves
Hendrick
Joice
Matthews
Mitchell
Powell of Rabun
Porter
Spa an
Sellers •
Strawn
Tennille
Walker
White
Weil born
"Wooten
Those in the negative are,
Messrs.
Allen
Footman
Scarborough
Alston
Harman
Scarlett
Baaer of Liberty
Harris
Smith
Baker of Warren
Horn
Stokes
Brown ot Camden
Hoxey
Thomas
B -own of Decatur
Janes
Tipping
Browu of Hancock
Jones
Wirt
Brown of Monroe
Knight
W iilianis
4
1
Dv-
>f f'lark
Lawson
Love
Poweil of Mcintosh
Hay
Wimberly -
Wynn of Gwinnett
Wynn of Hall
Young
IV? report being gone through without amentia; end. The bill wat
read « "• thi; o time.
Av'i - ■ he question "shall kiis bill pow pass?' it was determined
in f.bt. hP ♦ative.
And die yen# and nays being required, are yeas 45, nays 18*
Those who voi.ed
Mess*. V
Alien
Vhion '
■Baker of Liberty
P iker of Warren
B- -ih
Iv.r.ksone
SBowi; nf Camden
B'-V-u £ Decatur
B' -o of ?uancok
B «rs cf Monroe
Br;.!- kman
Choice
Clay \nn «.f Clark
Clay o . nf Pulaski ■
Daniel
in the affirmative are,
Dyall
F» otrnari
Harmon
Hat ris
H end rick
t Horn
Hnxey
Janes
Jones
Knight
Lawson
Love
Matthews.
Mitchell
Poney
Those in the negative are,
M-Srs. ' '
And»r>on Foster
:-''r Frazor
"Bfftftdnax Groves
Burncy Joice
Car&ilie' Powell of NT In tosh
C.ofiee Poweil of Rabun
Ray
Scarborough
Scarlet
Sellers
Smith
Stokes
. Thomas
Tipping
Walker
White
Witt
Williams
Wimberly
Wynn ot Gwinnett
Wynn of Half
Spann
Strawn
Tennille
Wellborn
Wooten
Young
A message was received from his Excellency the Governor, by Mr*
iPier< e, nis secretary, infoi ming the senate, hat his Excellency the
Governor has apraoved and signed the following resolutions, viz:
The report and resolutions in reference to the line between Geois
gia and Aia'vma. . -
One in reference to the examimrt'on and resurvey of the 11th dis-
trier, originalU L win now Lowndes county.
One for the ten d of James Houston.
And oneulirecui g the treasurer to receive Darien money fr^m C,
C. Jenkins, on account of the taxes of Emanuel county, for the year
Tho foikiwirig communication was alsp receivc.il from hts e&geL
J&cy: . . .
Executive Department, Georgia, ?
Milledgevillr, 9th December^. 8 2a. 5
"I t?ke great pleasure in communicating to the Legislature » 'lis-
f»atch this morning received from the Secretary of War of the U;r-rd
Stoics, by which it wiil be seen that the hope ex.TesTd in the to pa-
sage of the 7th ult.' that our differences, with the ^Gcne-a! 8m ;wn-
ment approached to a termination, has cot been disppp'ori.fe.b Ac
flow appears to have been the intention of the parties to the in*tat-
<ment called the New Treaty,-that Georgia should, acquire ait the
Creek lands within her limits; and as it is the intention which must
Control the construction of that instrument, it may be expected that
•01-orgia wiil meet willr ,*10'further.Obstacle to the occupation and
jut! #'ent of the whole country. •
If I tie Governor of Georgia had committed." the thosf serious mSsfr
djak*," imputed to him in this dispatch, he would have received the
'President's rebuke with •haukfollness; because -nothing could be
more desirable to him t an such a correction* of the mistake as it ha#
p'easeu he President to make—but the Governor ot Georgia had
<3o omitted 110 mistake If the Government of the United States be-
iieved they had acquired all the lands, when in fact they had not, the
.mistake was theirs—net ours. We believed, that ail the lands had
,tio» been acquired, and so the fact is according to the admission of
fhe President himself—j-The boundary of the New Treaty i.* on the
face of it described to be a permifoent, not a temporary boundary,
and it isguaranteed'as permanent .t>v the authority of the United
-States—Taking the language of the -New Treaty for his guide,
Governoi of Georgia could not mistake that language—It was noil
permitted that officer to infer intentions which the fango»ga disavow
ed, ami of which he cob Id know nothing, .bat from the languag: —.
Fgr the/first tune, and in the dispatch of the Secretary of War, she"
:Governme«t of the United States has though 1 proper to dbclose to
the Government of Georgia those intentions, although so long ago as
the 11th of February last it was made known to the Presid e.1:, that
-if such a boundary were established by the New Treaty, it would pa
considered a permanent boundary, and of course, in violation of the
Constitution of Georgia—a declaration which has since that dine
iron repeated again and again without any intimation from-the Gov-
ermnentof the United States, that such an'inference was an errone-
Otis or mistaken one; hut on the contrary, it has been uniformly in-
sishvi, that the New Treaty was the supreme law and would be car-
tied strictly into effect—No authority was recognised as competent
to e«f:iWish a boundary for Georgia, but that of Geor jia herself and
.th'» -towrown oh ^b.bama, toe only other party in interest, ac-
It'aowledged as such by the United .States, was long since given to
29A
understand that, that boundary once established by Georgia would he
considered good for Georgie, until a better could b shewn.-—I- is r;»»t
necc.'.s*rv for the nres»deot to anticipate chfln-nlties be' ween Georrta &
Aiaama—The difficulties have no', yet occurred, and we trust they will
not occur. In tie uiean time he boundary as established by Georgia
cannot be considered by tae United States as any other than the True
boumkrv; and until Georgia and Alabama shall concur in establish-
ing; a different 'one, it tmiat be so considered by all the parties con-
cemed.
(Signed) G. M. T Raj UP.
Which was read and referred to the com a it tee en the State of the
Republic.
The Senate adjourned until to-morrow morning 10 o'clock;
On motion of Mr. Allen to reconsider so much of the journal of
yesterday as relates fo the pas- age of he bill ro rajse a tax tor he
support of Government for the year 1827—Was determined in the
negative.
Mr. Coffee moved to reconsider so much of the journal of yester*
day as relates to the passage of the mil to organise the territory
lately acquired from the Creek Indians, lying between the Flint and
Chattahoochie rivers, and West of the Chattahooehie.
The yeas and nays being required—It was determined in the no-
gative. The yeas are 27, nays 33.
Those in the affirmative are,
TUESDAY, December 11826.
Messrs.
Alston
Anderson
Eeall
Blair
Broad nax
Burney
C argils e
Frazer
Groves
Hendrick
Joice
Matthews
Mitcheil
Powell of Mcintosh
Spann
Sellers
Straw n
Ten rnlie
Walker
White
Wellborn
Clayton of Pulaski Powell of Rabun
Wooten
Y oung
Coffee
Foster
Porter
22fj
Those in the^negatR,
\1 .-sirS.
AIM
B,i*er of Liberty
R jWft of Omden
B own of tie-' atur
Hui^n o? Hancock
B> »wn of Monroe
Bi ii kman
Cooice
Clayton of Clark
1) nsel
XI> -ill '
> are,
Footman
Harmon
ll a; ris
Horn
Ux>y
Jure s
J-m.'S
Knight
Lav. joa
L >ve
Ray
Scarborough
Scarlet
.Smith
Stokes
Thomas
Tippins
W i tt
M iliiams
Wiiuberly
Wynn of Gwinnett
Wynn of Hall
The h-morable senators from the counties of Warren, and Lajirens,
had ieave of absence for a few days.
Mr. Heal) f»orn the committee appointed on the peiiHon of Joseph
Ibik, c!e« jt of ihe superior court of Wilkinson county, Reported—
That they have had the same under consideration and are of opin-
ioi that the praver of the .penttoner ijs reasonable and ooffH' to be
g-.»n'ed—Toey thereiote tecumtoeud the adoption of toe following
resotuion: -J
Unsolved, That the sum of one hundred dollars be allowed the said
Jucpif Do k, dork of the superior court of V\ ilkinson county, R
b-bg 'he amount improperly paid into the treasury by the sad Joseph,
ll Ik as hol ler of public money, and that the same be placed m the
a^propraiion law.
VV hich was read and agreed to.
Mr. White presented the p t'tion of Eiisha Tarver—Which was
te d and referred to"a committee consoling of messrs. White, Cof-
fee, and Wooten. . '
Mr. Hoxey Ibid on the faMe the following resolution i '
Resolved, That both brinches *>'f the Legislatuie will convene in
the Representative chamber on Thursday nexr, at 3 o'clock, P. M ,
for the purpose ot electing a Judgeof the superior court ami solicit-
or-general for the Chatfahoochie circuit—also principal keeper and
inspectors of the Penitentiary. ,
Mr. Spann from the committee to whom was referred the petition,
of William Akins, Reported— •
That they have had the same under consideration, and are of opin-
jbn -hat die same is unreasonable and ought not to "be granted.
Which was read and agreed to. "
On motioti of Mr Spann,
Resolved, That Zctchariah Coward be, and he is hereby appointed
a commissioner of ine Early county academy, in the place of War;
McDonald, removed.
Sen." 45
226
On motion of Mr. Powell, of Rabun,
Resolved, That John McClain and Joseph Piason be, and the
hereby appointed trlistees of Clayton Academy, in the coitq
Rabun, in addition to those already appointed.
Mr. Allen from the joint committee on agriculture and iotj
improvement, to whom was referred the report of the commissi
of the southern rivers, Reported—
That they have had the same under consideration, and cj|
withhold the expression of their approbation of the conduct ofi
Commissioners.
From their report it appears that of the $ 5000 appropriate
their order, $ 1,242 33 remain unexpended. The great advaoi
of ste.'in power applied to the removal of sunken or buried logs
trees from the beds of our rivers, have long since been known
Understood by the steam boat company. The last legislatsret
an appropriation for the application of that power to remove obs
tions in the Ahtamaha river. The success which has resultei
been fully equal to the expectations of its friends, and certainly
thorises a further appropriation for similar purposes, upon a ntott
tended and consequently more useful, and it is believed, more
bomicaf scale. The commissioners suggest the propriety of thesb
purchasing a steam boat, to be employed when the condition of
rivers will permit, in removing obstructions from their beds,aa
other times in towing freight boats from and to Darien. In the
priety of this proposition your committee have great confidence,
consequently submit the following resolutions:
Resolved, That the sum of fourteen hundred dollars should be
propriated for the purchase of a steam-boat, to be used accord^
circumstances, in removing obstructions from the beds of the/I
m&ha, Ocmulgee, and Oconee rivers, or in transporting freight}
that the sum of three thousand dollars should be appropriated to|
fray the expences of said boat.
Resolved, That S. G, Dunning, Thomas Wilcox, and
be, and they are hereby created and constituted c
mii«ioners to carry the foregoing resolution into effect.
Which was read and o dered to lie on the table. •
Mr. Hoxey had leave to report instanter a bill to amend an a
incorporate the bank of Darien, passed 15th Dec. 1818.
Which was read the first time.
The senate took up the report of the Committee of the whole
the bill to alter the seventh section of the first article of the C«
tution, so as to reduce the number of members of the House of
presentatives—when,
Oh motion of Mr. Knight, to amend the report by the additie
the following proviso: " Provided, each county shall have onerej
tentative, and no county shall have more than three.**
2*7
And on fhe question to agree thereto, it was determined in
Negative.
The yeas and nays being required, are yeas 33, nays 39*
Those who voted in the affirmative are,
Messrs.
A! on
Blackstone
Biair
Clayton of Pulaski
Coffee
Dyall
Footman
Foster
Harman
Harris
Joice
Knight
Love
Powell of Mcintosh
Powell of Rabun
Ray
Those in the negative are,
Messrs.
Allen Daniel
Anderson Fraxer
Baker of Liberty Groves
Beall Hendrick
Broadnax Hoxey
Brown of Camden Janes
Btown of Decatur Jones
Brown of Monroe Lawson
Brockman Matthews
Burney Mitchell
Cargille Porter
C noice Scar borou gh
Clayton of Clark
Scarlet
Sellers
Strawn
ThomaU.
Tippins
Young,
Smith
Stokes
TennillA
Walker
White
Witt
Wellborft
Williams
Wimberly
Wooten .
Wynn of Gwih
Wynh of Hatt
The report being agreed to, the bill Was read the third tim
And on the passage of the same, the yeas
-It was determined in the negative. The
I
Those who voted in the affirmative are;
Messrs.
Allen
Alston
Anderson
$aker of Liberty
Blackstone
Broadnax
Brown of Camden
Brown of Monroe
Brockman
Ijiraoy
Choice
Clayton of Clark
Daniel -
Frafcer
Groves
Hendrick >
Hoxey
JaneS
LawgOn
Matthews
and nays being r
yeas are £9, nay
Mitchell
Stokes
Tennille
Walker
Witt
Williams
Wimberly
Wynn of Gw
Wyunof Hal
15#
228
TVs* who voted in the negative are>
Messrs. J - \ -
Beatl
B^ir
B own of Decatur
'< *i<gifie *
('i.wvroo of Pulaski
■C office •
D«a!l -
F« o'man
Foster
IT r oven
Harris
J >ice
Jones
Knight
Love ,
Powell of Mcintosh
Powell of Rahun
Porter
Ray
Scarborough
Sp^nn
Scarlet
Sellers
Smith
St awn
Thomas
Tippiris
White
Wellborn
Woo ten ,
Young
Mr. Daniel had leave to report installer a bill to provide for &
convention to amend and alter the Constitution of this State.
Which was read the first time.
On motion of inr. J5rown, of Camden,
The bdl to divorce and separate Zcbulen Rudolph and Eliza IIu-
delph his wife, was recommit! ed to a committee of the whole.
Tne-senaie ?hen resolved itself into a committee of the whole on
sa~'! bill, Mr. Powell, of Rabun, in the chair.
Tne president resumed the chair, and Mr. Powell reported the bill
without amendment.
The senate took up and agreed to the report.
The bdl was read the tniid time.
*
And on the passage of the bdl, it was determined in the affirms-
tive. The yeas ate 40, nays 15.
- Those who voted
M<<* snt.
Bcker of Liberty
B all
Rroitdnax ,
B own of Camden
Brown of Monroe
Borney
Cargille
Choice
Clayton of Clark
Cofi'ee '
Footman
Fri/er .
Groves
Harmon
in the affirmative are,
Harris
Hendrick
* J.ines
Jffice <
Jones
Lawson
Matthews
Powed of Rabun
Porter
Scarborough
Spann
- Sc. rlet
, Sellers
Smith
Stokes ,
Strawn
Tenn'dle
Thomas -
Tipping
Walker
White
Witt
Wellborn
\V iliiams
Wimberly
Wooten
Those in the negative are,
Messrs.
Al'eo Br'H'kman
Audc.son Ciaytou ol Pulaski
I ove
Mttcheli
' . 829 ,
JBlackstone Daniel ' Ifty
Blair Foster VS yon of Gwinnett
Brown of Decatur Hoxey^ W you of Hall
On motion of ror. Foster, «
The senate took up the report of the committee of the whole on
the bill to establish an additional electoral district in the county of
Columbia. . ' ,
Which was again read and ordered to lie on' the table*
Mr. Sellars laid on the table the following resolution :
Resolved, That his Excellency the Governor''be requested to pur-
ehise five of Fin ley's Maps.'bf the United Va*0«—one to be pb-red
in the Executive Chamber, two in the'Serrate Chamber, .and tAu m
the Representative Chamber; and tl*. his Excellency pay tor t >6
same out of the contingent fund.
The following message was received from the house of represent
ta lives by Mr. Dawson, their clerk.
Mr. President,
The house of representatives have paused a bill to reduce the sala
ries of the principal keeper of, tfte Fenitentiiiy, and the attending
physician. ' '
. \nd they-have agreed to a re*olution in Gvor of the administra
'tois of rofcpr Eiisha Wood, dec former Secretary• of the Exeru'K,
Department, for extra services rendered in p-ymgout certain moiiie
to the claimants fur and on account of Indian spoliations—tu whici
they desire concurrence. > - , -
, The house of representatives have pas-ed a bill to appropCaij
money to improve the na igation of the Savannah river.
The senate(too!« up the message and the bills therein contained-j
and also the bills con ained in the.message of yesierday weie s. veq
ally read the fi»st time. '
The report and resolutions in favor of the* administrators of maj<
Eiisha. Wood, deceased, were read and ordered 10 lie on the table.
Mr. Clayton, of Clark, laid eh the table the following resolutio'
Whereas, both branches of the General Assembly are too numero:
oreadng great expense and delay in the db-parch of poblie busm
and is according to the popu'atio s in the respteiivc'"oantbs,vo
unequal—And whereas, al»o from the increasing nu-ubcr ot nu-n :
in both crunches of the Genet at •■Assembly, the house set ap.it s-j
thedr deliberations will not be sutfi'iieutly l uge tor ilia- p.iiyo.M, .
will consequently be required, to be enlarged at very great expense
therefore, , , '
Be it resolved, That at the next general election for memhe<4
the General Assembly, tire Voters oe rcnaesteii to signify to uecJi
£30
legislature whether they wish a convention for the special and ex-
sive purpose of altering the third section and seven ih sections of
Constitution of this State, so far as to authorise the reduction of
members of the Senate and House of Representatives, and to be
•ortioned hereaf ter upon the principles of the population alone, and
>rder to ascertain the sense of the voters on this subject, those
J are in favor of a convention will please endorse on their tkk ts
word ' Convention'—those who are against it will endorse the
ds (No Convention.'
Che Senate adjourned until to morrow morning 10 o'clock.
WEBNESDJl Yy December nth, 1&26.
Ir. Powell, of MclBtosh, from the committee on banks, to whona
t ret erred the annual statement of the Bank of Augusta—Re-
ted,
'hat on examining the statement, they find such evidence of the
ity with which the affairs of that bank have been conducted, and
its sound and stable condition, as fully to sustain the high credit
:he institution. Although the business of the bank has been such
to render its stock better and more profitable than that of any
;r bank in the State, yet your committee find that there are in cir-
ition only sixteen hundred and seventy dollars eighty two cents
•e of their bills than they have of the bills of other banks and
specie in their vault; and that they have a surplus fund nearly
al to the whole amount of their bad and doubtful debts, and of
estimated value of the real estate held by the bank. Your com-
tee therefore, respectfully submit the following resolution:
tesolved, That the ability and fidelity with which the- affairs of
bank of Augusta have been conducted, merit the approbation of
General Assembly, and entitle the bank; to the fullest confidence
he public.
Vhich was read and agreed to.
f «\ Powell from the committee on banks, to whom the exhibit sub-
ted by the bank of the State of Georgia to the Legislature was
rred—Reported,
'hat the exhibit sustains the character of the institution, and shews
; amidst the revolutions and disasters in the commercial world, by
eet manage m"nt, its solvency and its reputation have been main-
qu. The precious meials being the only solid support of a paper-
331
diHm.it is therefore the policy of every monied institution to ac%
,iiulate those in a sufficient quantity, to meet every demand 'hat
ill be made for the redemption of its paper. Pursuing su h a
arse public confidence ensures its prosperity, and public fee i« g
comes identified with its reputation. Gold and silver from their
juty, tHeir ductility, and the ornamental uses to wb:ch tb< y are
iplietl, both in a state of high civilization, "ind one of rude savagsm,
:*e been deemed not only the sign but the substance of weal h;
ey excite the avarice and desires of men, and as commerce op» ns
e avenues to the gratification of the appetites and passions, this
■stless and uncurbed anxiety for their possession, augments and
trengthens and exercises an influence on every transaction and every
jppartment of the active scenes of life. It is not surprising that the
frecious metals should be sought after with avidity, and hoarded with
fare. For convenience, for transportation, for security against fraud,
(paper medium however possesses equal advantages: for modern
Ingenuity has rendered forging more difficult than the alloying, clip-
filing, and fileingof gold and silver; and when they are the basis of
£ jpaper currency, the public confidence reposes with equal security
fori the one as the other. The proper standard by which we can estir
(mate a currency or a circulating medium, is by comparison, and if it
[bears a just and equal value with that of other countries, it may be
[considered sound and undepreciated. With a sufficiency of gold and
(silver, and property, which in exchangeable value is equivalent to it,
and its debts sepure, with its paper or bills answering all the pur-
poses of barter, exchange, and sale, we are not hazarding too much
jn expressing our opinion that the bank of the State of Georgia is iu
a prosperous and flourishing condition,
Banks have to contend against fluctuations in commerce, and the
vicissitudes incidental to commercial transactions. Inke individuals,
they feel an anxiety to discharge the obligations they are under to
' ttjt community: managed by men subject to the frailties of our nature,
they often pursue plans which are frustrated, and experience results
different from their anticipations; like individuals, but with increas-
ed risques, tbey have to extend credit, and encounter losses from fail-
ures, and misfortunes, and sometimes from dishonest creditors: these
are the incidents which are inseparable from money institutions and
commercial transactions: but local or State banks have another and
a greater evil to resist and contend against, it is the United States'
Bank: wielding a capital, which regulates the fexchange between the
several states, from the extensive circulation of its bills, it controls
and influences every other institution, it exhausts their profits in the
sustaining of their credit. Collecting the revenue of the country, it
limits the issues of the local banks by receiving this revenue in their
bills, and drawing upon its coffers for gold and silver. It may intro-
duce the bills of its branches from the north and circulate them in
the south, and from the distance and their wide diffusion, prevent an/
operation of the local banks to protect themselves. It affords no fa-
cilities to the citizens of the state where it is located, but trades alone
for the benefit of its stockholders, with no sympathy for the wants of
the community: protected by the supreme court against every mea-
sure adopted by the states to curtail its influence, its power equals
that of the government itself.
253
+h*s vipv*, subject to ibis mighty- power, it »g j» pobirct of gr^.
fills'»«»n 10 'he i. •)«:»*;».v(«.e to state, <h»r »tw >. \U ovi. ur .»••< «u|(
• is i voipp oug p* d tly»t the* have met mrv demand nuine by <he
Sta• »V t>>ir,k to the amnun' ot m,,rt then one roilitopvafto 4
h;»P of fiol'atV, and at the ^ao e dnp gsven to me state and the slock*
hoitlw* a t;n ihib
AV hi oh was learf and ogietd to.
Mr. Hoiry cadpd up the resold ion relative to certain elections-*
"Wtiich-was amended to read as h.l ;ow s, ami ag»eeo to :
fti'srtfvprl* Th$t both branches of the Legislature will cWvetie.in
the-A; preventative Chamber on Thursday n, at, a< 3 o'cinrk, P.-M-,
for th'e •purpose of electing a 'Judge of the superior cout,i, and sett
cilorgeoer*] for the Ch&t*fhoorhie circuit. '
Ordered, That the {secret; v do carry said res; lution to the heu.e
of representatives furthwhh for their concarrence.
, Mr. Daniel. had leave to report instamer a bill to amend the 15th
"section of life 4th article of the Constitution oi this Stale. .
Which was read the first time.
On motion, ~
The senate r<"»o'ved itself into a committee of the whole, on the bill
for the relief of David Akridge, of Clark count), Mr. Porter m the
chair.
, The president resumed the chair, and Mr. Porter reported the bill
wi: hott*'amendment.- 1
'1 he Senate took up and agreed to the report. ^
The bill was read the third time.
And on the passage of the bill, it was determined in the negative.
. The senate resolved itself into a-committee of the whole on the.hill
for the relief of Wiley Aiford, of Taliaferro county, Mr. Ray in.the.
« air. . ' ' * / •:
The president resumed the chair, and Mr. Ray reported the bill
Without amendment.
i, The senate took up and agreed to the report.
The bill was read the third'time.
And on the question to pass the same, it was determined in the
n°ga ive. ,
The bill for the relief of Aven Floyd and John Rolen,.
The-bill to en itte Martin himmons and Coiiiu Rogers to draws in
the contemplated l»ori lottery,
The bill to en!ide Satah Sampler, of the county of Fayette to a
participation'in the present corn em plated-lend loiterv in this state,
, And. ihe bdi o auTn rise tee; name of J.4 toes W , Fannin, Jr to be
entered for 00c draw in ihe preM.ru con en p'at.etlend lot toy,
W re order< d to lie np tin* t ble the balance ol the.session. \
The bill in provide tor a 'convention to amend and aLti ihe,£09-
stit'/tor ot th». vi-»re, *-
Was oruereu 10 lie on toe ubie until cailtii up.
888 ,
The b'U to authorise Willia:* Williamson to establish a fp»ry over,
F'.^it river, on nis own land—Was icad the second ifme and ordered
f r a third leading.. '
The following bills were read the sec«nd time and «j tiered for a
committee of the whole. '
A bill to reduce thp salaries of the principal keeper of tha peni-
tentMrV, and the attending phvs'rian..
<\ bill to alter the time of holding the superior courts in tha south-
ern circuit
\ bill to alter and amend an act passed the 84th'-of Dec. 1825, es-
tablishii g battalion district elections in the courry of Burke.
A bl'l to alter and amend an act entitled an act to amend the road
laws of this State, assented to the 19 h Dec. 1818,
A bill to authorise cer ain commipsioners herein named to rai«p by
lottery the s »m of three' thousand dollars for the use of the De K»ib
Academy—and also to autborse ihe judges of the inferior court to
vest one thousand dollars of the county turds in said lottery.
\ bill to amend »n act, to incorporate the bank of Darmn, passed
,15'h December 1818
\ bill to appropriate money to improve the navigation Of the' Sa-
vannah river.
A bill to amend an act for the better protection of orphans and
th'»ir es'ates, passer! on the 18th day ol February, J799
\ bill to autrwise Henry Ihanham, &c and to authorise Springer
Gibson to budd a mill dam across the Flint river.
A bill to alter and amend the fi st section of an act entitled an act
to alter and ameno the 12 th'section ot an act to. protect ..the estates
of orp"h'«ns> and to make permanent provision for the poor, assented
to the 18th I)-*. 1816. - • , .
And a bid for the protection of -ecuri ies on appeal, on stay of ex-
ecution or recognizance, bond, note, or other eon;tact.
T-e senate resolved it*elf >rdn. a committee oJ" the whole on the
bill'to."Authorise Stephen M. Ingersoll to erect a bridge ac-rnss the
Chatiahoochie liver,"and to vest' in bun and hi representatives the
p; t>tiefni-v interest thereof for thirty years Mr Darnel in the chair.
The president resumed the chair, and Mr, Daniel reported disa-<
grc^ment ro t. =e bill.
Tne senate took up and ag»ee l to the report. •
Tire senate resolved itself into a committee of the whole on the
bill.to provide for the completion ot a civil code of jaws for this sia«e i
Mr Powejl, of MrInTosh, in die r|r ir. ,
I he president resumed the chair, at d Mr. Powell reported the bill
without amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
. The senate resolved itself in*o a comoi'tee of the whole on the
bill further to support and.encourage t dnca-ion in this State,,and for
ihe relief of the Academies thereof, Mr. floxey in tue thiur.
2M
The President resumed the chair, and Mr. Hoxey reported pro-
gress and had leave to sit again.
The senate resolved itself into a committee of the whole on the bill
further to amend an act to incorporate a bank to be called the bank
of the State of Georgia, passed the 16th Dec. 1815, Mr. Tippins in
the chair.
The president resumed the chair, and Mr. Tippins reported the
hill without amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
The senate resolved itself into a committee of the whole on the
bill to amend the 14th Section of an act, to protect the estates of or-
ohans, and to make permanent provision for the poor, passed the 24th
Nov. 1818, so far as respects thp county of Burke, Mr. Sellars in the
hair. 81
The president resumed the chair, and Mr. Seltarg reported the bill
frith amendment.
The senate took up and agreed to the report
The bill was read the third time, and passed under the title of a
ill to amend the 14th section of an act to protect the estates of or-
phans, and to make permanent provision far the poor, passed the 24th
Nov. 1818, so far as respects the counties ot Burke apd Elbert.
Mr. Hoxey had leave to report instanter a bill supplemental to and
explanatory of act passed at the present session of the legislature,
entitled an act to amend $n act, passed the 9th day of June, 1835, to
dispose of and distribute the lands lately acquired by the United
States for the use of Georgia of the Creek nation of Indians, by a
treaty made and concluded at the Indian Springs on the 12>ti) day qf
February, 1825.
Which was read the first time.
Mr. Groves from the committee on enrollment reported as duly
enrolled and signed by the speaker of the house of representatives,
the following acts:
An act to amend an act, entitled an act amendatory v > > ^ct,
passed the 9th day of June, 1825, to dispose of and district! . e
lands lately acquired by the United States, for the use of G.•«.<
of the Creek nation of Indians, by a treaty made and concludes ;
the Indian Springs on the 12th day of February, 1825.
An act for the relief of Benjamin T. Rees and Talbot S. Ree».
of Columbia county.
An act to alter and amend the road law, in reference to the lia-
bility of commissioners, and for other purposes, so far as respects the
county of Elbert.
An act to divorce and separate John Smith and Sarah his wife.
An act to separate and divorce Mary Gorham and Tnomas Gor-
ham her husband.
An act to separate and divorce Hannah Norman and Sherwood
Nocrnan her husband.
235
to change the name of John Bellar to that of John Mc-
t to amend an act passed the 9th day of December, 1824;
an act to (ay oft' Emanual county and Tatnall into election
go far as# respects the county of Emanuel,
to alter and amend so much of an act entitled an act to
the general elections if this state, and to appoint the time
retiug of the General Assembly of this state, so far as re-
e elections to be held at the place of holding the superior
so far as respects the counties of Hall, Richmond, Henry*
i, rid Gwinnett, and to amend an act, passed on the 18th day
1816, relating to the county of Franklin, so far as relate to
tate elections, heretofore held at the house of Samuel Arm-
the county of Henry.
t to repeal an act entitled an act further defining the duties
Collectors in this state, passed the 9th ol Dec. 1824.
establish and regulate an additional election district in
t/ of Liberty.
t to incorporate Corinth Academy, in Baldwin county,
t to incorpafe Oak Grove Academy in the county of Morgan,-
|ct to legitimate William Rose, formerly Win. Flarity, and to
im the legal representative of Thomas G. Rose, of Upson
ct to organise the territory lately acquired from the Creek
lying be ween the Flint and Chattahooehie rivers, and west
Jhattahoochie river.
ct to repeal an act entitled an act to lay off the state into
mgressional districts, passed the 22d Dec. 1825.'
th were severally presented to and signed by the President of
* >
ted, That the committee on enrollment do carry said acts to
jellency the Governor for his assent.
/hite from the committee to whom was referrecf the petition
ha Tarver, the security of Joseph Bennett, for the rent of the
per the Ocrnutgee river at Macon—Reported,
they conceive the prayer of the petitioner as reasonable and
Ind therefore recommend the following resolution :
|it resolved by the Senate and House of Representatives of the
Georgia in General Assembly met, That the solicitor-gen-
[the Flint Circuit be and he is hereby authorised to suspend the
jion of the amount due the state on the bond given by the said
Bennett, and Elisha Tarver, security, for the rent of the ferry
be Ocmulgee river at Macon, for the year 1825, until the first
January, 1828, upon the said Elisha Tarver giving good and
[nt security to the state for the eventual payment of the prior
[nd interest due thereon.
Ech was read and agreed to.
I Spann, from the committee on Petitions, to whom was referred
tition of Nathan Grantham—-Reported,
That they have had the same under consideration, and are
opin mi that the peiition 1 - reasonable, ar.d ought lo oe granifc^
therefore submit itie following resolution:
Resolved, That the sum of hundred dollars he placedi
appropriation law subject to the order ol Nathan Grantnam,^
si-deration of his revolutionary services.
Which was read and ordered to lie on the table.
Mr. Wimberly from the joint mill ary committee, to whom *
ferred the report of Lewis II. Kenan, military sto e keeper
ported,
That they have performed the duties assigned them—that so
they could examine, they hod the report cor ere, and thnt the
equipments, military sio'e, &c. are i excellent ruder, arid ken
situation highly credi able to the military store-kt eper. The
b g leave further to report, that they have acted on all th'ng
have come prop riy before them, and therefore beg to be ditch
from any further duties as a committee during tue balance*
se si on.
Which was read and agreed to.
Mr. Daniel presented the pet Woo of Wm- Cunningham—H
with its accompanying documents were read—when
On moti >n of Mr Daniel, it was
Resolved, That the treasurer be and he is htrehy authorised
fond the sum of one hundred doila> s so roe l«g;.| reprt sen .atj.
James Cunningham, deceased, the same having be* n p,tiil.bi
Cunningham for a licence to peddle, and it appearing tha; sain'
ningham was deprived of the use of the licence by sickness audi
and that the same be insetted in the appropriation act.
V
\ message was leceived from the house of representatives, b]
Da ivson, their clerk:
Mr. President— ,
The house of representatives have passed a bill to appropriates
for the support of Government during the poit'icaLyear 1857.
The senate took up the message and the bill was read tne find
The senate adjourned until to morrow morning 10 o'clock.
237
TTIURSmT; December 14th, 1826.
Mr Coflfce from the join*" committee on Finance, made a Report4—
i hich was read and ordered to lie on the table. *
Oimotioiof Mr. Daniel,
I The senate took up he report upon the petition of John Screven.
! q — Which was amended to read as follows, and agreed to:
.Resolved, That upon a certificate of George Jones, thor treasurer,
, r he bdls of ere'it issued under art act ol 1786. claimed to be-paid
J ihn Screven, are true and genuine, the iiovemnr be and he is
eby authorised to direct fne tieasuter to receive said bills of credit
ttje following amounts, viz:
Three hundred rweniv shilling bills.
I Three hundred and sixty ft'n shillings.
F 'ur hundred and 'three of five shillings. *
Two hundred and forty nine.of two shillings and sixpence.
Two hundred and thirfe< n of one shilling.
And one hundred and ten of sixpence.
| Vnd in consideration for the said bills, the Governor be and he is
'rrby authusised to transfer to-said John Screven a certain bond
d mortgage given by Wm. Stephens in 1805, to John Mi Hedge, go-
rnor, and his successor in office, for two thousand four hundred
il s^tty-srx dollars seventy five cents, and that the Governor be
.horised to duect the treasurer to issue a certificate in favor of
in Screven for the balance due him, which certificate shall be-re-
ivable in payment of any debts due the state.
The senate took Up the report of the committee of the State of the
p-iblic, of'the 8lh instant, to whom was referred that part of the
ivernor's communication and the accompanying documents which
late-to the treats with the Creek Nation ol Indians and our dtf-
ences with the General Government—Which was read,
And on motion to agree thereto,.
The yeas and nays being required—It was determined in Jhc affir-
rive.
The Yeas are S2, nays 26.
Those'who'voted in the afirmaiive a>e»
Messrs. .
!b-n Footman
ker of Liberty Groves
■ad Harruan
uwn of Camden Hoxvjr
Scarlet
S:,.lth
Sbtokog
lueuras
MB
Brown of Decatur
Brown of Monroe
BidKkman
Choice
Clayton of Clark
Daniel
Dyall
Janes
Jones
Knight
La n son
Love
Ray
Scarborough
'Pippin*
Witt
W'ilUamg
WimberU
Wynn of g
WjrmofS
Those in the negative are,
Messrs.
Alston Coffee Ported
Anderson Foster Spann
• Blackstone FraZer SeKeii
Blair Harris Strawn
Broadnax Hendrick Tennitli
Burney Joice, Walker
Cargille Matthews White
Clayton of Pulaski Powell of Mcintosh Wooten
Powell of Raouu Young i
The president voted in the affirmative.
The following message was received from the house of
tives by Mr. Daw son their clerk:
Mr. President—
The house of representatives have passed the bill of i
tablish and regulate district elections in the county of V
They have passed the following bills, to wit:
A biil to amend the penal code so far as relates to Hi
of voluntary manslaughter.
A bill to amend the several acts of the Legislature re
croachmenfs on the river Savannah, within the jurisdictii
of Savannah, &c, I
A bill to incorporate the Virgil Hall Aeademy, in fl
Rabun—and
A bill for the relief of Mark Donald Clark.
The house of representatives have unanimously agrti
port of the Joint judiciary committee, recommending I
to remove Thomas F. Wells, attorney general, from offi
complies with certain conditions therein expressed.
To a resolution requiring tne principal engineer forth
a survey of that section of the Oconee river lying betwe
of Fising creek and the present boat landing, and to n
bable cost.
They have agreed toapieamble and resolution, fl
General Andrew Jackson to the office of President.
To the report of the joint judiciary committee relati*
tia claims of 1791, 2 and 3
To a resolution to have published in the Gazettes of
239l
&ir&ct amendatory to the iand lottery act, passed this session of tb
legislature, &c.
To all which they desire concurrence.
They have concurred in the resolution of Senate relative to t U
election of a Judge and Solicitor-General for the Chattahoochie Cr r
cuit.
The bill supplemental to and explanatory of an act, passed at thci
present session of the Legislature, entitled an act to amend an acs
passed the 9th day of June, 1825, to dispose of and distribute th<<
lands lately acqired by the United States, for the use of Georgia, of
the Creek Nation of Indians, by a treaty made and concluded at thfc
Indian Springs on the 12th day of February, 1825—Was read thb
second time and ordered for a third reading.
The bill to amend the 15th section of the 4th article of the Con-
stituuon of this State—Was read the second time and ordered for i
committee of the whole.
The bill to authorise William Williamson to establish a ferry over
Flint river, on his own land—Was read the third time and passed.
The senate resolved itself into committee of the whole, on thv
hill to authorise certain commissioners herein named, to raise bt
lottery the sum of three thousand dollars, for the use of the De Kalb
Academy—and also to authorise the Judges of the Inferior Court to
vest one thousand dollars of the county funds in said lottery, Mr.
Spann in the chair.
The president resumed the chair, and the bill was reported withr
nut amendment.
The Senate took up and agreed to the report
The bill was read the third time and passed.
The senate resolved itself into a committee of the whole on tie
bill further to support and encourage education in this state, and for
the relief of the academies thereof, Mr. lloxey in the chair.
The president resumed the chair, and the bill was reported with
ah amendment.
The senate took up and agreed to the report.
The bill wa3 read the third time.
And on the question to pass the bill—it was determined in thf
Negative.
The yeas are 28, the nays are SO.
Those in the affirmative are,
Messrs.
Alston Clayton.of Pulaski Mitchell
Baker of Liberty Coffee Porter
Beall Daniel Scarborough
Broadnax 2 Footman Sellers
Brown of Camden Harmon Stokes
Brockman H end rick Tennille
Burney Hoxey Walker
240
Gargi'He
Choice . Bi ,ti Mews
Clayton of Clark
Those in the negative are,
Messrs. 1 ,
AHen - .
An terson
Blscksione
Biair
Brown of Decatur
Brown of Monroe
By Ml
Foster "
Fr.-izer
Groves
VV 11H B
J&nes "
^oice '
Knight
Lawson
Love
Powell of Mr to tosh
Powell «t Rabun
Ray
Spann ,
Scarlett
W yun of Gwinnett
Smith
Strawa
Thomas
Ttfjpins
. Witt
Williams
W j tuber ly
Woo'en
Wynn of Rali
Young
The senate resolved itself into a committee of the whole, on the
bi'l to am mdl an act to in o'porate the bank of Durien, passed the
15th of December, 1818, Mr. Beali in the chair.
The president resumed the chuir, and the bill was reported with
amendment.
The senate took up and agreed to the report.
The bill was re;id the third time.
And-on the passage of the bill, the yeas and nays being require^,
it was determined in the affirmative.'
The yeas are 32, the nays are 25.
Those in the affirmative 'are,
Messrs^ 1
Allen
Alston v
Anderson
Brail
Blair
Broadnax
Brown of Decatur
Brown of Monroe
Brockman
Burney
Choice
' Clayton of Clarke
Clayton of Pulaski
Foster'
Fri/er
Harman
II «*rid rick
Iloxey
Janes
Jones
Lawson
Love
Those in the negative .are,
'i Messrs.
Baker, of Liberty
Brown of Camden
C&rgilie
Coflee
Dniel
By all
Footman
Groves
Harris
Joice
Knight
Matthews *
Powell of Mcintosh
Poweil of Rabun
Ray
Spann
Scarlett
Mitchell -
Porter
Scarborough
Smith
Stokes
-Witt''
Williams
Wimberly
Wynn ot' Gwinnett
Wynn of Hail
S^rawn
Ten mile
Thomas
Tipptos
Walker
Whi»e
W ooten
Young,
$44
The honorable senator from the county of Houston, had leave o£
absence for a few days.
A message was receive ! from his Excellency the Governor, by Mb,
Pierce, his secretary, informing the senate that his Excellency had
appi oved and signed a resolution which originated in this branch, for
the election of a Judge and So icitor for the Ghattahoochie Circuit.*
on this day at the hour of 3 o'clock, P. M.
The senate adjourned until 3 o'clock, P. M*
Thursday Evening, Qo'clotiffc
$n motion of Mr. Alston,
Heso'ved, That Benjamin F. Harris, Angus Mcf.eod, and Norman
M diea, be and they are hereby appointed commissioners of the Mont*
go.oery County Academy, in place of Moses Daniel and Daniel Mo
In tosh removed, and James McLeod, deceased.
A message was received from the house of representatives by Mfc.
Dawson their clerk, informing the senate, that the house of repre*
s^ntatives were now ready to receive them in their chamber to pro*
ceed to the elections set apart for this day, at the hour of 3 o'clock,
P. M.— Whereupon,
The president and members of Senate repaired to the Represents*
tive Chamber, when both branches of the General/Assembly proceed*
ed by joint ballot to the election of a Judge of the Superior Court lor
the Chattahoochie Circuit—And on counting out the votes it appear*
ed that Gen. Walter T. Colquitt was duly elected.
They then proceed in like manner to the election of a Solicitor-
General for said Circuit—-And on counting out the votes it appeared
that Col. S.tmuel Armstrong Bailey was duly elected.
The president and members of Senate returned to their chamber-*
And adjourned until to morrow morning 10 o'clock.
242
FRIDAY, December 15th, 1836.
■On raOtiifti (if Mr. Powell, of Mcintosh, to reconskier so much of
the journal of yesterday as relates to the passage of a bill to amend
an act to incorporate the bank of Darien, passed the 15th December,,
eighteen hundred and fifteen.
The yeas and nays being required, it was determined in the affir*
mative.
The yeas are 33, the nays are 24.
Those in the affirmative, are
Messrs.
Alston
Baker of Liberty
Blackstone
"rown ©f Camden
Brown of Decatur
CargHle
Clayton of Pulaski
Coffee
Byail | s
Footman
S?rafccr
Grovesr
Harris
Joice
Jones
Knight
Lawson
Love
Powell of Mcintosh
Powell of Rabun
Porter
Ray
SpArtn
Scarlett
Sellers
Strawfi
Tennilfe
Thomas
TippinS
Walkdr
White
W ooten
'Young
Those in the negative are,
Messrs.
Allen
Anderson
Be all
Blair
Brown of Monroe
Brockman
Burney
Choice
Clayton of Clarke
Foster
Harman
H end rick
Hoxey
Janes
Matthews
Mitchell
Scarborough
Smith
Stokes
Witt
1 Wiliams
Wimbe'rly
Wynn of Gwinneta
Wynn of Hall
The honorable senators from the counties of Butts and Camden,
bad leave of absence after to morrow for the remainder of the ses-
^ion.
The honorable senator from the county of Bibb bad leave of ab-
sence for a few days,.
The honorable senator from the county of Glynn, had leave of ab-'
*$nce after Tuesday next for the remaitider of the session*
Mr. Groves from the committee on enrollment, reported as duly
enrolled and signed by the speaker of the house of representatives,
. An act to establish and reguiate district elections in the county of
Wilkes*
Which was presented to and signed by the president of senates,-
243
Ordered, That the committee on enrollment do carry said act te
flis ex. eilency the Governor for his assent.
Mr. Alien called up the resolution relative to certaia elections.
Which was read, amended, and ordered to lie os the table.
On motion of Mr 2fead,
Resolved, That the hon. John W illiams, Samuel Groves, and Thn&
F. Anderson he, and they are hereby appointed a committee to adjust
she accounts of the members and officers of the senate, and to soft
the unfinished business brought up, and that the secretary of senate
and his assistants, be allowed the sum of six dollars each per day
for three days, to complete their unfinished business, and the commit-
tee the sum of four dollars each per day for the like period, and that
the said sums be placed in the president's warrants.
The senate took up the resolution authorising the purchase of cef-
tain maps.
Which was read and ordeted to lie on the table the remainder of
the session.
The following message was received from the house of represent^-
lives by Mr. Dawson their clerk ■:
Mr. President—
The house of representatives have agreed to all the amendments/
made by seriate to the bill of the house, to raise a. tax for the support
of government for the year 1827", except the amendment to reduce the
tax 25 per centum.
The house of representatives has disagreed to the amendment oP
senate to the bill pf the house, to establish free schools in Gwinnett
county.
They have passed the following bills, to-wit:
A bill for the relief of Lewis Lynch of Putnam county—and
' A bill to provide for the improvement of the navigation of certain
water courses therein expressed.
The senate took up the message so far as respects the bill to prp-
vide for the improvement of the navigation of certain water courses
therein expressed.
Which was read the first time.
Ordered, That the remainder of the message lie on the table.
The president laid before the senate a statement from the honora-
ble Thomas R Mitchell, senator from the county of Walton, with an
affidavit of Robert M. Echols, Esq. annexed thereto, charging Mines.
Hoi. Esq. with having committed an assault and battery on aid
Thomas R. Mitchell, and a breach of privilege of the Se a :e, and dp*
pianding of the president that a warrant may issue against said iliu<$S
16*
$44
Holt to the messenger, to bring him to the bar of the senate to ati-
swer for his conduct.
Which were read, and
On motion of Mr Blair,
Resolved, That the president do is9uehis warrant, directed to the
messenger, commanding him to arrest the body of Hines Holt, E q.
and bring him before the bar of the senate to answer a complaint filed
against him by the honorable senator of Walton county, supported by
the oath of Robert M. Echols.
The senate took up and agreed to a resolution laid on the table on
the 8 h instant, authorising the justices of the Inferior court of Up»
son county, to lease out Chemoliy's reserve, and apply the proceeds
to the use and benefit of the poor.
The senate took up and agreed to the report of the committee on
the bill to establish an additional electoral district in the.county of
Columbia.
And the bill was read the third time and passed.
The honorable senator from the county of Chatham had leave of
absence for a few days.
The bill to appropriate monies for the support of government du*
ring the political year 18£7.
VVas read the second time and ordered for a committe of the whole
The bill supplemental to and explanatory of an act passed at the
present session of the legislature, entitled an act to amend an act
passed the 9th day of June, '825, to dispose of and distribute the
lands lately acquirer! by the United States for the use of Georgia of
the Creek Nation of Indians, by a treaty made arid concluded at the
Indian Spring on the l£th day of February, 1825.
Was read the third time.
And on the passage of the bill, the yeas and nays being required
it was determined in the affirmative.
The yeas are 34, the nays are 20*
Spann
Scarlett
Termiile
Tippins
Walker
W hite
Wimberly
W ooten
"Wynn of Gwinnett
Wynn of Hall
Young
Those in the affirmative are,
Messrs.
Allen
Alston
Beall
Biackstf ae
Blair
Brown of Monroe
Brock man
Cargille
Choice
Clayton of Pulaski
Dyall
Footman
Frazer
Harris
Hendrick
Hoxey
Janes
Jones
Knight
Love
Mithcell
Powell of Rabun
Porter].
245
Those in the negative are*
Messrs.
Anderson
Groves
Scarborough
Brown of Camden . Harmaa
Smith
Stokes
Straw®
Thomas
Brown of Decatur
Burney
Joiee
Lawson
Clayton of Clarke Matthews
Coffee
Foster
Powell of Mcintosh Witt
Ray
The senate resolved itself into a committee of the whole, on th^
bill to amend the 15th section of the 4th article ot the constitution
of this State. Mr. Lawson in the chair.
The president resumed the chair, and the biil was reported with*
out amendment.
Ordered, that the report lie on the table.
The following communication was brought from the Governor by
l|i$ secretary, Mr. Pierce:
In addition to the information heretofore received of the murder of
two of our fellow-citizens of Thomas county, by the Florida and
Seminole Indians as is now believed, an exptess ariived ?his four-
ning from Capt Johnson, who had been previously charged to cover
with an armed party the most exposed part of the frontier, commu*
nicuting the further unpleasant intelligence of other shocking mur-
ders having been committed on unoffending families within the Un its
of Florida and near to the Georgia line—The particulars of which,
and of a considerable Indian force being embodied and in arms, wi l
be found in the copy of the letter of Capt. Johnson herewith trans-
mitted The prompt and eneigetic measures taken by the Governor
of Florida to apprehend the perpetrators of the first murders, may
give safety to that frontier until Capt Johnson is supported. T is
deemed expedient to order a corps ot cavalry to reinforce mm, winch
will be on its march in a few days The legislature may see the
propriety of giving its sanction to this and other measures which may
be thought necessary to make the protection effectual
Which, with the letter accompanying it, was read and referred to
the committee on the state of the republic.
The senate resolved itself into committee of the whole on th<> hill
to amend an act, entitled an act, to enable feme coveH> u» convey
their estates, and for confbmiug and making valid all - ouvevfiru ts
and acknowledgements heretofore made by feme covens, ^
April 24th, 1760, so far as the same relates to feme coverts «;cuv< y-
ing their dower. Mr Tenmlle in the chair.
The president resumed the ©hair, and the bill was reputed with
ajfflypgdmejnfc.
Executive Department, Ga
Milledgeviile, 15th Dec. 1826
Signed,
G. M. TROUP.
246
On motion of Mr. Brockman to lay the report on the table tbs
balance of the session.
The yeas and nays being required, it was determined in the neg-
gative.
The yeas are 25, the nays are SO.
Those in the affirmative are,
Messrs.
Allen
Harman
Spann
Buckstone
Harris
Scarlett.
Brown of Camden
Hoxey
Smith
Brockman
Joice
Tennille
Coffee
Jones
Thomas
Dyall
Knight
Walker
Footman
Lawson
Wooten
Foster
Love
W ynn of
Groves
Those in the negative are,
Messrs.
Alston
Anderson
B>all
Blair
Brown of Decatur
Brown of Monroe
Barney
Cargiile
Choice
Clayton of Clarke
Clayton of Pulaski
Frazer
Hendrick
Janes
atthews
Mitchell
Powell of Mcintosh
Powell of Rabun
Porter
Ray
Scarborough
Sellers
Stokes
Strawn
Tippins
White
Witt
Wimberly
Wynn of Gwinnett
Young
On motion to strike Oat that paragraph of the report in the follow-,
ihg words:
And be it further enacted, That whenever it shall so happen thai
any period shall die intestate and without issue, his wife shall inherit
the whole estate both real and personal of her deceased husband, af-
ter paying his just debts.
The yeas and nays being required, it was determined in the
gative.
The yeas are 14, the nays are 4!,
Those in the affirmative are,
Messrs.
Allen Joice
B. own of Decatur Love
Coffee Matthews
F: or
Tippins
Walker
Wimhe.d
Powell of Mclnioajh Young,
Thomas
m
Those In (he negative are,
Messrs.
Anderson
Beall
Blackstone
Blair
Brown of Camden
Browrt of Monroe
Brock man
Burney
Cargille
Choice
Clayton of Clarke
Clayton of Pulaski
Dyall
Footman
Frazer
llarman
Karris
Ilendriek
Hoxey
Janes
Jones
Knight
Lawson
Mitchell
Powell of Rabun
Porter
Ray
Scarborough
Spann
Scarlett
Sellers
Smith
Stokes
Strawn
Tennille
White
Witt
Wooten
Wynn of Gwinnett
Wynn of Kali f
f||Mr. Clayton of Clarke, moved the previous question.
An on the question, "shall the main question be put?5' it Was d|»
terroined in the affirmative.
The report being agreed to, the bill was read the third time, and pn
the passage of the bill, it was determined in the affirmative.
The yeas and nays being required, are yeas 39, nays 16.
Those in the affirmative are,
Messrs.
Alston
Anderson
Bealt
Blackstone
Blair
Brown of Camden
Brown of Decatur
Brown of Monroe
Burney
Cargille
Choice
Clayton of Clarke
Clayton of Pulaski
Dyall
Frazer
Harm&n
Hendrick
Hoxey
Janes?
Matthews
Mitchell
Powell of Mcintosh
Powell of Rabun
Porter
Ray
Scarborough
Spann
Scarlett
Sellers
Smith
Stokes
Strawn
TennilLe
Tippins
White
Witt
Wimberly
Wynn of GwionetC
Young
Those in the negative are,
Messrs.
Allen IIarri3
Brockman Joice
Coffee Jones
Footman Knight
Foster Lawson
Groves
Love
Thomas
Walker
Wooten
Wynn of HaU
The Senate adjourned until (o-(nprrow morning 19 o^Iojek*
SATURDAY, December IS, 18S6lr
On motion of Mr. Hoxey,
The senate reconsidered so much of their journal of yesterday a&
relates to the proceedings in the case of Hines Holt, Esq for an a»-
sault and battery upon the body of Thomas R. Mitchell, Esq. sena-
tor elect from the county of Walton.
Mr. Brockman moved to reconsider so much of the journal of yes-
terday as relates to the passage of the bill to amend an act emitted
an act to enable feme coverts to convey their estates, and for con-
firming and making valid all conveyances and acknowledgments
heretofore made by feme coverts, passed April 24Th, 1760, so far as
the same relates to feme coverts conveying their dower—Which wag
determined in the negative.
On motion of Mr. Blair.
The senate took up the bill to amend an act to incorporate the
hank of Darien, passed 15th Dec. 1818.
And on its passage the yeas and nays being required, it was de*
termined in the affirmative*
The yeas are 30, the nays are 26.
Those in the affirmative are,
Messrs,
AMen
Alston
Choice
Clayton of Clark
Clayton of Puiaski
Matthews
Scarborough
Sellers
Smith
Stkes
Witt
Williams
Wimberly
W ynn of
Wynn of
Andersoa
Beali
Foster
Frazer
Harman
Blackstone
Brown of Hancock
Brown of Monroe
Brockman
Burney
tl*ir
rown of
Hendrick
Hoxey
Janes
Juries
Those in the negative are,
Messrs.
Brown of Camden
Brown of Decatur
Cargille
Co flee
Dvail
Footman
Groves
Harris
Joree
Spann
§carl)efr
Porter
Ray
Powell of Mcintosh
Powell of Rabun
Knight
Law son
Mitchell
Strawn
Tennille
Thomas
Tippius
Walker
White
Wooteu
Vouqg
34G
That the secretary do carry said bill forthwith to Ifce
house of representatives tor their concurrence.
The following communication was received from his Excellency'
the Governor, by Mr. Fierce his secretary :
Executive Department, >
Milledgeviiie, Dec. 16, 1826. £
Brigadier General Walter T. Colquitt having resigned the
maud of the 2d brigade of the fill division, a vacaucy has occurred
which it is my duty to make known to the legislature.
(Signed) ft. M. TROUP.
On motion of Mr Clayton, of Clark,
Unsolved, That both branches of the General Assembly convene is
#ie • epresentative chamber on Monday next, at 3 o'clock, P. M. for
the purpose of electing a brigadier general of the 3d brigade of the
7'n «li iston, in the place of Gen Colquitt, resigned.
Ordered, That the seci etary do carry said resolution forthwith to
the house of representatives for their concurrence.
The honorable senators from the counties of Liberty and Emanuel
had leave of absence for to day.
The honorable senators from the counties of Ware and Lowndes*
had leave of absence after Wednesday next, tor the remainder of
the session.
The honorable senator from the county of Decatur had leave of
absence after Monday next, for the remainder ot the session.
The honorable senator from the county of Burke had leave of ab«
gence alter Thursday next, for the remainder of the session.
Mr. Scarlett ag>in called up his resolution relative to the adjournr
tnent of the General Assembly sine die, on Wednesday the 20th
fa •. tan t—-Which was read and again ordered to lie on tue table.
On motion of Mr. Clayton ot Clark,
Resolved, That the judiciary committee having gone through the
business referred to them from each branch of the general assembly,
and nothing further remaining for their consideration, they ask leave
of their respective branches to be discharged from any further duties.
Mr. Matthews submitted for consideration the following resola-
tion:
Resolved, That be and they are
hereby appointed a committee on the part of this house to josn such
committee as may be appointed on the part of the house of represen-
•fe&veSi whose duty it shall be to proceed in the ensuing recess of the
250
legislature, to prepare or cause to be prepared and drafted, the plan
of a State Houi*e, of sufficient size to accommodate the ultimate
nu'ubsr of Senators and Representatives of this State, and for the
several state offices; and to make a detailed estimate of the cost of
building the same, designating as far as may be, the quantities and
prices of the materials, and other particulars on whichsuch estimate
shall be founded. And it shall also be the duty of such joint com-
mil tee, or a majority thereof, to view the town of Macon, with a
special reference to its eligibility as the seat of the State Government
—and also to view and estimate the increase in the value of the lots
and public lands in and about Mocon, which in their opinion would
Gfisue from the removal of the seat of Government to that place—
And it shall be the further duty of such committee to report to the
next session of the legislature, as well their detailed estimates
aforesaid, as their general view of the expediency of the removal of"
the seatot Government to Macon or to any other place.
It was proposed to fill the blank with the names of the following
senates;
Mes-rs. Matthews, Brown, of Monroe, Winiberly, Clayton, of
Clark, Williams, II end rick, Brown, of Hancock, Janes, and Car-
gillc—when,
On motion of Mr. Williams to lay it on the table the remainder
pf the session.
The yeas and navs being required,—It was determined in the ajfic-
faative. The yeas are 30, nays 21,
Those in the affirmative are,
Messrs.
Allen
Anders^
Footmaft
Stakes
Brown of Camden
Brown of Hancock
Brockman
Choice
Clay con of Clark
By ail
Be ill
Blair
Frazer
Groves
Harm ap
Hoxey
Janes
Tennille
Thomas
Walker
Witt
Powell of Rabun
Williams
Wooten
Porter
Spano
Smith
Wynn of Gwinnei
Wynn of Halt
Young
Th©«e in the negative ar.$,
Messrs.
AU wo
Br wn of Monroe
Jones
Knight
Harris
Hendrick
Ray
Scarborough
Sellars
Strawn
Clivton of Pulaski
Burn-y
Cu gilie
Larson
Matthews
Coffee
'Foster
. Powell of -J$cXf$>sh WTimDedy
On motion of Mr. Clayton ot Clark,
Resolved, i h»; the communication of the senator of Walton, aifi>
|Ji! aiicdavit accompanying the same, be referred to a com??:
jtm-'tigate the same, and to have power to send for personec &•
$&ry, and the accused be released from the warrant u«u ch he
has Oeen arrested.
O fitued, That Messrs, Clayton of Clark, Ourney, d rir,i»a cob,-
-and tluxey, be that committee.
Mr. Janes from the committee on enrollment reported as out7 en-
rolled, an act further to amend an act to incorporate a bunk,"to bt
called the bank of the State of Georgia, passed 16th Dec. Id 15—
Which was presented to and signed by the president of the sen at .
O ered, That the committee on enrollment do carry said act t*
Jiia Excellency the Governor for his assent.
The following message was received from the house of representor
^ves, by Mr. Dawson, their clerk:
Mr. President—
The House of Representatives have passed t:;e following bill'
•to witt
A bill to raise by lottery the sum of S250fl00, to establish a Curl
jpikc road from Athens to Augusta,
\ bill to extend temporary relief to persons who purchased C
Stales interest in lots of land ia the counties of ££.>,>, iioustc
Crawford, Monroe, Pike, Fayette, Henry, De K&ib, Newton, a
Butts.
\ bill amendatory to an act to organise the counties of Thorn
and Lowndes, so far as respects the 11 tit section of said act, pass
24 Ji Dec. 1825.
A bill to alter and amend an act to alter and amend the road la'
of this state, passed 19th December 1818, so far as suspects Frankh
county and others.
A bill to regulate the trading of merchants, shop-keepers, an,
others, so far as respects the county of Liberty, and to puui*h thus,
who may attempt to defeat the same.
A bill to create a new brigade in the 5th division of Georgia militia.
A bill to amend the several est ray laws of this state.
A bill to amend an act, passed 23 d Dec, 1822, for the relief «f
debtor's families—and
A bill to regulate battalion musters in the county of*Liberty. ^
And they have agreed to the report of the committee on the State*
of the Republic, in relation to recent murders that have been perpe-
trated upon certain citizens of this State on the Florida line, ?y the
Seminole or Lower Creek Indians—'To which they desire concur-
reuee
They have unanimously passed a bill to aPcr and amend the Tib
section of the 2d article of the constitution of v- ua'.e of Georgia
The senate took up the several menage* cs » me house Qi rept*
setuatiyfc£, ' \ ■
962
c The report of the committee on the state of the republic in rekfc
tion to recent murders that have been perpetrated upon certain citi*
zens of this state, on the Florida line, by the Seminole 01 Lower
Ureek Indians:
The resolution requiring the principal engineer forthwith to make
a survey of that section of the Oconee river lying between the mouth
of Fishing creek a«d the present boat landing, and to report the pro*
b&ble cost:
The report of the joint judiciary committee relative to the militia
claims of 1791, 2 and 3-—and
The resolution to have published in the gazettes of Miliedgevill^
an act amendatory to the land lottery act, passed this session of the
legislature, &c.— Were severally read and concur red in.
The report of the joint judiciary committee, recommending the
Governor to remove Thomas F. W ells, attorney-general, from office,
unless he complies with certain conditions therein expressed—Wa$
read and unanimously concurred in.
The preamble and resolution recommending General Andrew
Jackson to the office of President of the United States, was read-*
^hen
Mr. Clayton of Clark, proposed the following as a substitute:
Resolved, As the sense of this legislature that it is the interest of
Georgia to support General Andrew Jackson for President ot the fJ,
States, in preference to any man now before the public as a candid*
ate for that office. That it is the opinion of this legislature, if Jack*
son should obtain that high and responsible trust, it will be disch&rg-
ed with fidelity and a strict regard to the rights and interests of every
portion of the Union, which is all that the south asks or desires, and
the distinction is not now mentioned with any view to demand or re*
ceive any thing more than its just rights. A faithful construction of
the fundamental principles of the government, and an honest and
equal administration of its laws, are all that it claims; and this it
believes would result in a higher degree from the choice of Jackson,
than from any other man now looked to as a candidate.
Which was read and together tyith the original, ordered to lie on
the table.
The amendment made bv senate to the bill of the house of repre*
sentatives, to raise a tax for the support of government for the politi-
cal year 1827, so far as to reduce the tax twenry five per cent, to
which the house of representatives had disagreed—was read,
And on motion it was resolved, that the senate do recede from said
amendment.
The amendment of Senate to the bill of the house of representa*
tives, to establish free schools in the county of Gwinnett, to which
the house of representatives disagreed—was read,
And on motion of Mr. Wynn of Gwinnett, it was resolved, that
the senate do adhere to said amendment.
The bills contained in said messages were severally read the first
t-ijare.
Mr. Clayton of Clark, presented a new system of education pan,-
«as-(I to be adopted by tiie trustees' of tlie Powelton Academy—
\Vnich was referred to the committee on public education and free
schools
The following message was received from his Excellency the $0"
vemor, by Mr. Pierce, his secretary :
The report of the commissioners of Tugalo, and the commission-
^ers of toe Oconee, reLtive t>- the improvement of the navigation of
toose rivers respectively, are submitted to the legislature.
Which was read—when,
On motion of Mr. Blair, the report of the commissioners of Tn-
gain river—Was referred to a committee consisting of Messrs. JBkir,
Clayton of Clark, and Anderson.
The bill to provide for the improvement of the navigation of cey-
tnin water courses therein expressed—Was read the second time and
ordered for a committee of the whole.
The senate resolved itself into a committee of the whole, on the bill
to authorise a lottery for the benefit of W rightsboro' Academy, in
Columbia county. Mr. Witt in the chair.
The president resumed the chair, and the bill was reported with
out amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
The senate resolved itself into a committee of the whole on the
8111 to amend an act appointing vendue masters for the city of An*
gu-ta, passed 21»t Dec 1819. Mr. Scarlett in the chair.
The president resumed the chair, and Mr. Scarlett reported the bijtl
Without amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
The senate took up and agreed to the report of I he committee of the
whole on the bill to amend an act supplementary to an act, more ef«
factually to enfo-ce an act entitled an act prescribing the mode of
manumitting slaves in this State, and also to preveiu the inveigling,
and ;! legal carrying out of the Si ate persons of color.
The bill was read the third time and passed.
The senate resolved itself into a committee of the whole on the bUi
to appropriate money to improve the navigation oi the Savannah cty-
er. Mr. Coffee m the chair.
Executive Department, Ga,
December 16, lb26,
(Signed)
G. M. TROUP.
'The ;freside«t resumed the chair, and the IftiJ was reported wii^
(W a ii-"merit
Tne senate took up and agreed to the report.
The oili was read the third time and passed.
Th* G?na'e resolved itself into a committee of the whole on tbg
Wi a! rr u.f>d fix the time of holding the superior courts in th^f
southern circuit. Mr Walker in the chair.
The president resumed the chair, and the bill was reported with
as&ew! rue r L
Toe senate took up and agreed to the report.
The bill was read the third time and passed, under the title of a
bill to alter and fix the times of holding the superior courts in a patt,
.of the southern circuit.
The senate resolved itself into a committee of the whole on th©
bill to reduce the salaries of the principal keeper of the penitentiary^
and I'Kn attending physician. Mr. Powell of Mcintosh in the chair*.
The president resumed the chair, and Mr. Powell reported distr.
■gre«r«oat to the hill.
The senate took op the report.
And on rnotioa to agree thereto,
"IV yeas and na vs being required—It was determined in the 4*1-
firai&tive. The yeas are 30, nays 20.
Those in the affirmative are,
Messrs.
Blair
Brt»wn of Decatur
own of Monroe
Brock man
Choice
Clayton of Clark
Cfel1.ee
1> Villi
Fbosman
Tester
Hnrman
Harris
Janes
Junes
Knight
Lavcson
Matthews
Powell of Mcintosh
Porter
Hay ,
Scarborough.
Sellers
Smith
Tennille
'Jj'homas
Walker
Witt
Williams
Woi.'berly
Wyrtn of Gwinnett^
Those in the negative are,
Messrs.
Allen
Alston
Anderson
Ileal!
Bbckstone
Burtsey
Clayton of Pulaski
Frazer
Groves
Hendrick
Hosey
Joice
{Mitchell
Powell of Rabun
Spanti
Strawn
White
Woolen
Wyun of Hal!
Young
The senate took up and agreed to the following repott of the joint,
dbmmittee on fir.anee— And which is as follows;
Tito Joint Commit tec dn Finance hare bad five tuKprctf of the
tfes of the state under its considenulon, and tak I save to make tbt
following report as the result of their invesUgau. a:
The committee have examined the bosks of the treasurer, and find
firat the entries of the receipts and expenditures correspond with thfs
abstract of tha* officer, which was submitted to the legislature neat
the commencement of the session, and referred to your <ommivte«jt
by which document it appears that the receipts into the treasury up
to the 5th Nov. 1826, added to the balance on hand when the present
Incumbent came into office, ^
Amounts to the sum of - - - - $!4008;280 18,
The expenditures during the same time,
amount to the sum of 216158 l^i
Leaving a cash balance on Siand of - - 8792,122 o4£
This balance which on examination is found to be in the Treasury,
Consists of the following description .of bank notes and other cur-
Vdncy, viz:
Sills on the bank of Darien, - - 8520 500
» «• Planters' Bank, - - - 29 870
** State Bank of Georgia, • - 153.t(df
** ** Augusta Bank, • 11 460
d " United States'Bank, - 4 897 3d
♦.'Silver, in crowns and half crowns, - 1,040 60
fy " dollars and half dollars, - » 707 00
^ small change, i - - - 41 13'
7 Balance, ■* 8752,122 03
^ -$our committee have also examined the list of Executive Warrant?
<dfawn on the Treasury, and find as far as they are able te discover,
that the warrants are drawn on the proper funds. They recommend
that document to be considered as a part of their rep or, ;.?><! a very
•important part as setting forth the manner and amount of the ex pen-
ditureof the public monies, and the various object'- to which <he tends
of the state have been applied, than which no part <d the transactions-
of the government is more interesting to the people, or shoe hi
more fully known and understood by them.
Mr. Co fine offered the following resolution, which was read and
agreed to:
Resolved, That the Statement of Warrants drawn on the Treas-
ury, during the political year 1826, cr between the first Monday in
November, 1825, and the first Monday in November, 1856, which
forms a part of the Report of the joint committee on Finance, he au-
nexed to the printed journal of the Senate, as an appendix, ami that
the insertion of the same on the engrossed journal of Senate bedis.
penscd with.
- The senate adjourned until Monday morning next If) oMbak*
MONDAF, December 1*2%
-On motion of Mr. Porter,
The senate reconsidered so much of the journal of Saturday lasf^,
as relates to the passage of the bill to alter and fix the time of hol&
Ing the Superior courts in the southern circuit.
Ordered, that said bill lie on the table for the present.
Mr. Williams submitted for consideration, the following resol®.
taon
llesolvedf That his'excellency the Governor withhold the issuing
of the warrant for the last quarter's salary of the State-house offi.
cers, until he shall be satisfied that all their books are brought up, and
what by law they are required to do, has been done in their respect
tive offices.
When on motion of Mr. Coffee to lay the resolution on the table for
the present.
The yeas and nays being required, it was determined in the ne*
gative.
The yeas are 25, the nays are 2f.
Those in the affirmative are.
Messrs.
Anderson
Beall
Blair
Broad nax
Brown of Camden
Burney
Clayton of Pulaski
Coffee
Fog er
Frazer
Groves
Joice
Mitchell
Powell of Mr In tosh
Powell of Rabun
Porter
Spann
W ooten
Young
Walker
White
Sellers
Straws
Tennille
Wedbora
Those in the negative are,
Messrs.
Clayton of Clark
Byall
Choice
Biker of Liberty
Baker of Warren
Brown of Decatur
Brown of Monroe
Brockman
Allen
Knight
Ray
Scarborough.
Harman
Harris
Hoxey
Janes"
Jones
Footman
Smith.
Stokes
Thomas
Tipping
Witt
Williams
Wimberly
Wynn of Gwinnett
Wynn of Ha8
The resolution was then amended to read as follows, and agreed toV
'Resolved, That his excellency the Governor withhold the issuing
of the warrant for the last quarters, snlary of the State-house officer-*,
until he shall he satisfied that all their bonks are brought op, and
wnat oy law they are required to do, h is been done in iheir res.oec-
tiv ' offices in relation to the recording of papers and keeping their of-
fioe books.
Mr, Clavtou, of Clarke, from the committee to whom was referred
the Setter of the honorable senator of '.S at ton com v, on the sub*
jectof ati assault committed upon him by limes Holt, E q.
[{/-ported—Upon ascertaining: the fa ts relating to the afi'<ir, find
th.it the same has no connection wi h the otfi iii eon-hi tot said sen-
ator, and therefore recommend that the subject be discharged fruits
any further consideration of the senate.
Which was read and agreed to.
O i motion of Mr. Z?>air,
Wherea*, it. is oecessi! y to hold a'l public functionaries to a strict
responsibility in the punctual discharge of their duties.
Be it therefore Resolved, That his excellency the. Governor cans®
all monies remaining iiwhe - hands of delii quent solicitors generals
whose terms of office have expired, to be collected with as little da-
lay as practicable.
()a motion of Mr. Clayton, of Clarke,
Resolved, I'm at the penitentiary committee be requested to enquire
into the causes of the revolt and escape of certain convicts from said
institution on Saturday last, and that they ascertain,if possible, how
said convicts b ca ne possessed of artns ammunition, and spirits,and
■to report to this legislature the best means of preventing the recur-
pence of a similar circumstance.
The senate took up and agreed to the report of the joint printing
committee of the lUh inst. relative to the printing of the laws and
journals of the present session.
The senate took up and agreed to the report of the committee on
the petition of Jytu Bailey, of the 5th inst.
The senate took up and agreed to the following resolution :
Whereas, both branches of the general assembly are too numer-
ou*, ceating great expense and delay in the despatch of public busi-
ness, and is, according to the population in the respeclive counties,
very unequal. \nd whereas also, from the increasing number of
members in both branches of the general asspmbly, the house : et
apart for their deliberations will not be sufficiently large for that
purpose, and will consequently be required to be enlarged at very
threat expense— Therefore,
17
258
'lie it Resolved, Thai at the fccxt general election for merhbfcrs* of
the general assembly, the voters be recj'Jt-'led to signify to the ens a-
ing legislature, whether they wish a convention for the special and
exclusive purpose of altering the 3d section and Tth sections of the
first arr.icle of the constitution of th's state, so far as to authorise a*
reduction of the members of the senate and house of reoresenta-
tives, and to be apportioned hereafter upon (be principles of popula-
tiou alone ; and in order to ascertain the sense of the voters on this
subject, those who are in favor of a convention, will please endorse
on their tickets, the word "Convention," those who are against it,
will endorse the words '"No Convention."
The senate took up, and on motion of Mr Porter, recommitted
"the bill to alter and fix the time of holding the Superior courts in a
pnrt of the southern circuit.
The senate then resolved itself into a committee of the whole on
'the said bill. Mr. Tennille in the chair.
The president resumed the chair, and the bill was reported with
Amendment.
The senate took up and agreed to the report.
The bi'l was read the third tune and passed, under the title of
A bill to altar and fix the time of holding the Superior courts in a
part ol the Southern circuit, and to alter and fix the time of holding
the Superior courts in the Flint circuit.
Ordered, That the secretary do carry forthwith said bill to the
fiou-e of representatives for their concurrence.
The following message was received-from the :.ouse of represents*'
'tives by Mr. Dawson, their clerk.
Mr. President:
The ho>; of representative's have concurred in the report of lite
j'bint committee on the state of the republic, on the subject of the
'treaties with the Creek nation of Indians, ajxi our differences with
the genera! government.
To a resolution from the committee on finance in favor of Benja*
mitt Cook.
To a resolution in favor of James Wade a free man of color, to
,aU which they desire concurrence.
They have passed the following bills, to wit r
A bill to authorise and empower the trustees of Columbia county
academy to sell certain real estate belonging to said institution.
\ bill to appoint trustees for the poor school fund of the coanty of
Ware,and vest the fund of the Ware county academy in the same*
A bdl to incorporate Leonicera academy in Baldwin county.
A bill to authorise certain commissioners therein named, to estab-
lish a lottery for the purpose of raising the sum of fifteen thousand
dollar to be appropriated to the building ot a Masonic Hall in the; i
tewaoi Milledgevilig.
250
■ \ Hii! to authorise tfie church wardens and vestry men of Si",
."-SMr-i church, to sell a part of the church lot. &c.
\ ' "o cs!t» r and amend an act passed 22d December. 1855, to
atc>' aa ' i?u;end an %ct passed 23J December, 1822, to distiibu.,. -h%
bank dividends, &c
A bid to define the mode of proving accounts due the penitentiary.
A bsii to authorise the trustees of Sparta academy in the county
of Hancock, to raise by lottery the sum of five thousand dollars for
the benefit of said academy.
A bill to establish election districts in the county of Warren.
A bill to change the time of holding the Inferior court in the coun-
ty of Rutts.
A bill to authorise the commissioners appointed to lay off the towtj
of Macon, to set apart a suitable piece of ground for the Methodist
'Church.
A bill to preserve the timber in the vicinity of Macon.
A bill to incorporate the Presbyterian, Episcopalian, and Baptist"
"churches in the town of 'Macon and county of Bibb.
A bill for the division of the county of Jefferson into electorat
districts.
A bill to establish and fix the name of the female academy in tftfe
county of Elbert, and incorporate the trustees thereof.
A bill for tlie relief of Henry T Mall and Sarah his wife.
A bill for the relief of Levy Rev olds.
A bill to compensate the commissioners appointed, and that m'ay
hereafter be appointed, to keep open the main channel of Broad riy—
er for the free passage of fish
A bill for the baiter organization of the mayor's court of the cifv
of Augusta, and for changing the name of the same,
A bill to repeal an act to regulate the town of Lexington, and a}l
other act3 amendatory of, or concerning the same, and
A bill to amend the 8;h seciion of an act to dispose and distribute
'Che land * acquired by the late treaty, passed the 9th day of June,
To all of which they desire the concurrence of the senate.
The house has concurred in the resolution of senate bringing otr
the election of general on th>s day at three o'clock, with an amend-
oienf, by adding "and the principal keeper had three inspectors ofV'
"the penitentiary," to which tin y desire the agreement of senate*
On mot,on of Mr. Anderson.
The senate took up the p ramble and resolution from the houae <$ '
fepresentatives, in the following words :
Whereas, the expression of opinion by the people of this St?.*e, io
their legislative capacity, in favor of an individual who will unite
their sentiments and meet their undivided support for the chief' ma-
gistracy of the United States, is calculated to operate beneficially
th oughout the Union, and give to our fellow citizens in every sec-
ties of it, evidence of the unanimity which prevails on a subject sos
important, <<d so deeply interesting to our common country '
Be it therefore Resolved, That she people or this S'atc look with,
confidence .to the election of ANDREW JaCKSON, to th* higfy
17*
260
Und responsible office of President, as a hero, statesman, and patriot,
whose services in times of difficu ty and danger were freely render*
ed to the country, whose moderation, purity of character, and aequi-
escence in the voice of the majority, fully evince his republicanism,
and his attachment to the laws and the constitution, whose energy of
mind, soundness of judgment, and discretion in the senate and in the
field, eminently qualify him for, and entitle him to an office in which
the exercise of those qualities are required, and the display of those
virtues constantly tliciied.
Which was read.
And the substitute proposed bv Mr, Clayton of Clarke, on Satur-
day last, being also read, Mr. Blair moved for the previous question,
And on the ques'i >n "Shall the main question be now put?" it was
d :te-mine* | the affirmative.
A
The yeas and nays being required are—yeas SO, nays 25,
Those who voted in the affirmative are,
Messrs.-
Alston
Anderson
BeaU
Blackstone
Blair
Broad nax
Burney .
Clavton of Pulaski
CoftVe
Footman
Foster
Ffazer
Groves
lioxey
Juice
Laws on
Mitchell
Powell of Mcintosh
Poweli of Rabun
Porter
Spann
Sellers
Sirawn
Tennille
Thomas
White
Wellborn
W imberly
Wootea
Young
Smith
Stokes
Tipping
W aikcr
Witt
Williams
W ynn of Gwinnett
Wynn of Hall
Those in the negative are,
Messrs. .
Allen Dyall
Baker of Liberty Harman
Baker of Warren H ufis
Brown at Camden Janes
Brown of Decasur Jones
B own of vlonroe K. light
BroCkman Ray
Choice Scarborough
Clayton of Clarke
On the question to concur in the preamble and resolution of the
house of representatives, tt was determined in the affirmative.
The yeas and nays being required, are yeas 46, nays 11.
Those who voted in the affirmative are,
Messrs.
A1 »ton Frazer Spann.
Anderson G*ov;s Sellers
Baiter of Warren limns Smith
BealL . lleadrick Stokes
261
Blackstone
Blair
B^oadnax
B*o«vin of Camden
Brown of Monroe
Brocaman
B-irney
Choice
Clayton of Pulaski
Coffee
Footman
Foster
Hoxey
Janes
Jeipe
Jones
Knight
Lawson
Love
Mitchell
Powell of Rabun
Porter
Scarborough
Strawm
TennilSe
Thomas
Tippius
White
Wrt
Wellbm-n
W imberly
Woo ten
Wnn of Gwinnett
Young
Those who voted in the negative are,
Messrs.
Allen
Baker of .Liberty
Brown of Decatur
Clayton of Clark
Dyall Walker
Harman Williams:
Powell of Mcintosh Wynn of Halt
Ray
The following bills were read the second time and ordered ror a
third reading.
A bill to regulate the battalion and general musters of the county
of Liberty.
A bill for the relief of Lewis Lynch of Putnam county.
A oill to regubte the trading of merchants and shop keepers, end
others, so far as respects the county of Liberty, and to punish those
who may atte<npt to defeat the same*
A bill to alter and amend the ninth section of the second article!
of the constitution of tne State of Georgia. , .
A bill to extend temporary relief to purchasers of the States in-
terest in lots of land in the counties of Bibb, Houston, Crawford,
Monroe, Pike, Fayette. Henry, De Kalb, Newton, and Butts
A bill amendatory of an act to organise the county of Thomas and
Lowndes, so far as respects the 11th section of said act, passed the
24th December, 1825.
A bill fa:* the relief of Mark Donald Clarke of Bibb county.
And a bill to amend the several acts of the legislature now in force
to prevent encroachment on the river of Savannah within the juris,
diction and limits of the city of Savannah, and to aPer and amend
the 4th section of an act passed the 12;h December, 1815, entitled an
act supplementary to an act, entitled an act to regulate the pilotage
of vessels to and from the several ports of this Stare.
The following bills were read the second time and ordered for a
committee of the whole.
A bill to amend the act of the 23d day of December, 1822, for the
relief of debtors families.
•a A bill to create a new brigade in the 5d> division of Georgia Mi-
iitia.
A bill to raise by lottery the sum of 250,000 dollars to establish a
turnpike road from Athens to Augusta,
862
A bill to alter and amend an ac* to alter and amend the road
^»T this State, passed December 19th 1818, so far as i expects Frank-
Sin county.
Anxi a bill to incorporate the Virgil Hall academy in the county of*
Rabun
; he bill to amend the penal code so far as relates to the punish-
menf of voluntary manslaughter, was read the second time and or-
dered for a committee in June next.
The senate resolved itself into committee of the whole, on the
bill to amend an act for the better protection of orphans and their
©slates, passed on the 18th day of February, 1799 Mr. Wynn of
Gv. innttt in the chair.
The president resumed the chair, and the bill was reported with-..'
dot amendment.
The Senate took up and agreed to the report
The bill was read the third time and passed.
The senate resolved itself into a committee of the whole on the
1)111 to authorise Hehry Branham, &c. and to authorise Springer
Gibson to build a mill dam across Flint river. Mr. Harmon in the
©hair.
The president resumed the chair, and the bill was reported with
Ottt amendment
The senate took up and agreed to the report
And on the question ''shall this bill now pass r" it was determined
the negative.
The senate resolved itself into a committee of the whole on the
"bill to alter and amend the 1st section of an act, entitled an act, to
waiter and amend the 12th section of an act, to protect the estates of
orphans, and to make permanent provision for the poor, assented to
«the 18t;i of December, 1816- Mr. Wellborn in the chair.
The president resumed the chair, and the bill was reported
Without amendment.
The senate took up, amended, and agreed to the report.
The bill was read the third time and passed.
The senate resolved itself into a committee of the whole on the bill
to alter ami amend ad act, entitled an act, to amend the mad laws of
this Sfate, assented to the 19th December, 1818. Wr. Walker in the
chair.
The president resumed the chair, and the bill was-reported without
amendment.
The senate took up and agreed to the repost.
The bill was read the third time and passed.
The senate resolved itself into a committee of the whole, on the bill
fdr the protection of securities on appeals, on stay of execution oa
recognisance, bond, note, or other instrument. Mr. Wynn of Hall ia
the chair-
The president resumed the chair, and the biii was reported wit'
opt united men t
Th. seoate took up and agreed to the report.
The bill wa§ tead the third time and passed-.
263
The following message was received from the house of re presents
fives by Mr. Dawson, their clerk.
Mr. President t—
The house of representatives have passed the following bills
A bill to raise by lottery a certain sum of money for the benefit of
the poor of Bucke county.
A bill to admit certain deeds to record, and admit the same or con»
pies thereof in evidence.
A bill for the relief of Krhen Melton.
A bill to grant additional fees to the justices of the peace and con,?
stables in thecounry of Chatham, and for other purposes.
A bid pointing out the mode of compelling the attorney generaj
and the solicitors general of this State, to pay over monies collected
by them for the State.
A bill to dispose of the Mcintosh reserves in the county of Butts,*
A bill to prevent the testimony of Indians being received in courts
oi justice in this State.
On motion, the senate took up so much of the message of to-day,
from the house of representatives, so far as to concur in the amend*
merit of the house to the resolution of senate, setting apart this day
at the hour of 3 o'clock, P. M. lor the election of a brigadier general
Ordered, That the remainder of the message do lie on the table.
A message wa3 received from the Governor by Mr. Pierce bis sec-
rotary, informing, the senate that his excellency had approved and
signed the resolution setting apart this day at the hour of 3 o'clock,
P.M. for the election of a brigadier general, a principal keeper of
the penitentiary, and three inspectors—And also, he has assented to
and signed an act to repetd an act, laying off the state into seven,
congressional districts, passed 22d December, 1825.
Ordered, That the committee on enrollment do carry said act i f
the Secretary of State's office, and see the great seal affixed thereto
The senate adjourned until 3 o'clock this evening.
3 a?clocktP. Mi
Mr.-Scarlett laid on the table the following resolution :
Resolved, That no new matter be received and acted on in the*
senate after to day.
264
The senate took up the several messages of to-day of the hon«e of
representatives, and the bills therein contained were severally read
the first time.
A message was received from the house of representatives by Mr.
Dawson their clerk, informing tin- senate, thai toe house of re pre.
sentatives were now ready to receive there in their chamber to pro.
eeed to the elections set apart for this day.
The pr esident and members of Senate then repaired to the Re pre*
senfative Chamber, when both branches proceeded by join* ballot ><»
the election of a brigadier general of rhe 2d b igade of the 7 h di\i«-
ion of Georgia militia—When on counting out the votes it appeared
that Col, Harrison Jones was duly elected.
They ihen proceeded in like manner to the election of a principal'
keeper of the penitentiary, a d on counting out the votes, it appeared
that Peter J. Williams was duly elected.
They proceeded in !*ke manner to the election of three inspector®
for the penitentiary, and on counting out. the votes, it appeared that
John Bozeman, William Green, aud Thomas 11. Keiian, Esquires*
were duly elected.
The senate returned to their chamber.
When Mr. Blair laid on the tabie'the following resolution:
f Whereas, Hamilton Fulton, the chief engineer of this State, has
practised a gross fraud upon the board of public works, imposing
Upon them as his own production, a report which he has most st r-
vilely copiid from a scientific work of the day—And whereas, this
circumstance alone is a convincing evidence of h s incompetency to
discharge the high, important, and responsible duties of civil engineer.
Be it therefore- Resolved by the Senate and House of Representee
lives of the State of'Georgia in General Assembly met. That his ex-
ceilency the Governor be recommended, and he is hereby recommen-
ded forthwith to discharge the said Hamilton Fulton from the service
of this State.
The Senate adjourned until to-morrow morning 10 o'clock
TUESDAY, December W, 1S26,
Mr. Williams presenter] the following proUst—Which was read
and ordered to be journalised :
The undersigned ask it as a-privilege of the Senate to express their
reasons, and to place them on the journal, for voting 'against the reso-
lution recommending'General Andrew Jackson lor the Presidency.
First—They believe that resolution *o be couched in terms of flat-
tery and adulation, which freemen oight not to lavish upon any oue
— It sptaks among other things, of the great modeiation of General
Jackson. Now, General Jarkson is nothing but a man, and of course
lt:<ble to all his frailties; and his test friends have always believed
that his fault consisted in the want of a propar control of his feelings
and passions. In this particular then, the undersigned couid not
suoport that resolution without, as they conceived, manifest incon-
sistency.
Secondly-—They were in favor of he substitute offered by .the
Senator of Clark, and would cheerfully have voted for it, but were
prevented from so doihg by the call tor the previous question, which
precludes ail debate and amendments This substitute, as they hon-
e^tly believe, contains the language and statements which should be-
Jung to the representatives of a free people—•who ate net accustomed
to think and speak of men in an extravagant maimer, nor to praise
them more than they deserve. Yli men are alike subject to infirmi-
tms, and greatness does not ex mpt a man ftom the common lot of
human nature; to ascribe perfection then to any one, is what the un-
de-signed cannot think right—and they believed they were doing so
bv vo ing for the original resolution. The substitute is what they
yyuuid have been glad to support,
(Signed) HIC1MTID WINN,
JO;'N WILLI \iV«S,
\YM. N. HARMON.
Mr. Rlair called up the resolution relative to the dismissal of Mara-
ilton Fulton, chief engineer—Which was read and again ordered t©
lie ou ihe table.
Mr. Broadnax laid on the table the following resolu'ion :
Whereas, I appears that there will be much litigation and expense
to the >ta e of Georgia, should the line between Alabama and Geor-
gia be found East ot the present line, run by fhe Georgia Commis-
si oners, of which ih-re may be a possibility of the fact-— In older thM
S© difficulty should occur.
166
1Jfeifc rewired, That his Excellency the Governor be requested o
prevent uny lot of land from being placed in the wheel cf the present
contempt Ad land lottery, lying West of the New Treaty line, run
bp Col. Bright, United States' surveyor.
The following bills were read the second time and ordered for a
Third reading:
A bill to aistboHfd the Trustees of the Sparta Academy, in the
county of Hancock, to rai&e by lottery ihc sum of five thousand del-
lars, for the benefit ®f said academy.
A bill to establish art election district in the county of Warren
A bill to define the mode of proving accounts due the penitentiary*
A bill for the division of the county of Jefferson into electoral (lis-
iricts.
l bill to establish and fix the name of the Female Academy, in the
county of Elbert, ami to incorporate the Trustees thereof.
A bill to authorise the commissioners appointed to lay off the town
of Macon, to set apart a suit&ble piece of ground for the Methodist
Episcopal Church.
A biii to alter and amend an act. passed the 22d day of Dec. 1823,
to alter and amend an act, passed the 23d day of Dec. 1822, to dub
tribute the bank dividends and other nett proceeds of she poor school
fur d, amongst the different counties of this State, so far as respects
the county of Franklin.
A bill to amend the 8th section of an act to dispose of and distri-
bu!e the f inds acquired by the late treaty, passed the 9th day of
dune, 1825,
A bill for the relief of Leroy Reynolds.
A bill for the relief of Henry T. Mall and Sarah his wife,
A bill to repeal an act to regulate the town of Lexington, and aljt
plher acts amendatory of or concerning the same.
A bill to compensate the commissioners appointed, and that may
hereafter be appointed, to keep open the mgiii channel of Broad river
for the free passage oj fish.
A bill tg change the time of holding the inferior court in the county
of Butts.
A bill to incorporate the Presbyterian, Episcopal, and Baptist
Churches, in the Town of Macon, and county of Bibb.
A hill to preserve the timber in the vicinity of 5d«v on.
A bil l to authorise the churchwardens and vestrymen of St. Paul?s
Church, Augusta, to sell a part of the church lot, &c.
A bill pointing out the mode of compelling the attorney general
and t'ui solicitor's general of this state to pay over monies collected
by them for the state.
A bill to raise by lottery a certain sum of money for the benefit of
the poor of Burke county.
A hill to incorporate the Leonicera Academy, in Baldwin county..
A bill to appoint Trustees for the poar school fund of the county
pf Ware, .'■iid vest the fund of Ware County Academy in the same.
A bill to authorise certain commissioners therein named, to estab-
Ijsh a iot;e<y for the purpose of raising the sum of gl5,O0O, to heap-
propriated to the building of a Masonic .Hall, In the tpwn of MS*
IhdgeviUe,#
26T
A bill to authorise and empower the Tru^ees of the Cotemhttc
■purity Academy 10 sell certain real estate beloogiog to said i as tip-
latum.
The following bills were read the second time and ordered for a»
#)(miiittee of the whole : •
A bill to admit certain deeds to record, and to mit the same or.
ffcpies thereof in evidence.
A bilf for the better organization of the Mayor's Court, of (he cry
of Augusta, and for changing; of the name of. the saute.
A bill for the telief of Ethan Melton.
A bill to grant additional fees to the justices of she peace and ■■ ■ v
stables, in the county of Ohaham, ano for other purposes.
A bill to dispose of the Mcintosh Reserves, in the county of 1 - ^
And a bill to prevent the testimony ,of Indians being rece? A
courts of justice.
The bill to alter and amend, the 7th sec tion of the 2d a-f ■ -a a..?
.Constitution of the State of Georgia—.Was read the thsrc < ; .
And on the passage of the bill, the yeas and nays being .v;.;,y*.d>
it was determined in the affirmative.
The yeas are 39, the nays are 11.
Those in' the affirmative arc,
Messrs.
Allen Frazer TinmiHa
Alston Groves To^ys
Baker of Liberty Ilendrick Tippy*
"Baker of Warren Hoxey \V aiaar
Broffdoax Janes Wjy,.>
Brown of Monroe Joice War
Bruckman Love
fturney Powell of Mcintosh VtHUam#
Choice Scarborough V^tmoerly
Clayton of Clarke Scarlett Woo tea
Clayton of Pulaski Sellers W'^nAof Gwinr.e&~
.Footman Smith AVvun of Mall
•'Foster Stokes Young
Those in the negalive are,
Messrs.
Ammrson Harmon Mitchell
BeaSl „ Jones Powell ef R&b&H
Brown of Hancock Knight Hay
Dy all Law son
The following bills were read the third time, and passed.
The bill amendatory of an act to organise the cono y of Thorns^
and Lownd-s, <» far as respects the 1.1th gecU&a Qf said $ct,
the. 24th Dec* 18%.
26^5
The bill to amend the several acts of the Legislature now in ft
to prevent encroachment on the river of'Savannah within the jit
diction and limits of the city of Savannah, and to alter and amend
4th sec. of an act, passed the 12th Dec. 1825, entitled an act sup|
mentary to an act entitled an act to regulate the pilotage of vcsseui
and from the several ports of this State.
The bill for the relief of Jlfark Donald Clark, of Bibb county.
The bill for the relief of Lewis Lynch, of Putnam county.
The bill to extend temporary relief to purchasers of the states in
ter -st in lots of land in the counties of Bibb, Houston, CrawforJ
«/l/;>:iroe, Pike, Fayette, Henry, De K.alb Newlon, and Butts.
The bill to regulate the trading of meichans, shop-keepers,ai
others, so far as respects the county of L'berty, and to punish tin
who may attempt to defeat the same.
The senate resolved itself into a committee of the whole on th
bill to appropriate monies for the support of Government during th;
political year I82f. VIr. /»esll in the chair.
The president resumed the chair, and the bill was reported wi&l
amendment.
Ordered, That the report do lie on the table.
The senate resolved itself into a committee of the whole, on the]
bill fa appropriate monies for the improvement of the naviga iooof]
certai i rivers therein expressed. Mr. Powell, of Mclncosh, in the
chair.
The president resumed the chairi and the bill was reported with
amendment.
The senate took up the report.
And on motion to strike ont the following paragraph of the report i
*'%dnd be it further enacted, That the foregoing appropriations shall
be paid in Darien nioney by the Treasurer of the State."
The yeas and nays being required—It was determined in the ne-
The Yeas are 27, nays £8.
Those who voted in the affirmative are,
Messrs.
Anderson
Blair
Broad nax
Brown of Monroe
Brockman
Barney
Dyall
Footman
Poster
Frazer
Harris
Hendrick
Janes
Jones
Love
Mitchell
Powell of Mcintosh
Powell of Rabun
Scarlet
Sellers
Walker
Wellborn
Williams
Wimberly
Woolen
Wynn of Gwinnett
VVynn of Hail
26D
Those in the negative are,
Messrs.
^|len Groves
ton Harmon
|.,ker of Liberty II >x y
laker of Warren Joice
trail Knight
tlai kstone Law Hon
;hoice Porter
Dayton of Clark Huy
Dayton of Pulaski Spann
>ffec
Smith
Stakes
S: awn
Tenniile
Thomas
Tipping
White
Witt
Young
The report being amended and agreed to—The bill was read the
bird time.
And on the passage of the same, the yeas and nays being required,
it was determined in the affirmative. The yeas are 30, the nays 25.
| Those who voted in the affirmative are,
Messrs.
Allen Hendrick Smith
Alston .Janes Stokes
Baker of Liberty Jones Ssrawn
Barney Knight Tennille
Clayton of Clark Lawsoa Thomas
Coli'ee Love - Walker
Footman Powell of Mcintosh Williams
Frazer Porter Wimberly
l,ii mon Scarlet Wynn of Gwinnett
Harris Sellers Wyna of Hall
Ray
Spann
Tippins
White
Witt
Wellborn
Wnoten
Young
The following message was received from the house of represent
tativesby Mr. Dawson, their clerk.
Mr. President,
The housv of representatives have agreed to a resolution in relation
to the people's expressing i »eo opioums at the next general election
upon *h * subject of Congressional Districts—-To which they desire
concurrence.
Those in the negative are,
Messrs.
Anderson
Baner of Warren
B«all
Buckatone
Blair
Broadnax
Brown of Monroe
Brockman
Choice
Clayton of Pulaski
Dyall
Foster
Groves
11 >xey
J nice
Mitchell
Powe I of Rabun
F,(y
Ttay have rasefil ilie following bills, which originated in %na't^
'to '.vit,
\ bill to give further time to purchasers of fractions, lots, and is.
lands, at the Ijite sales of the fractions, to pay for the lands ,
V bill to rent certain reserves and improvements, in the late ac.>
quired territory—with, amendments. /
And they have passed.a bin to alter and amend the several estray
l&ws of'this State.
The senate took op so much of the message of to-day, as (o read
the first time toe .bill to altee- and amend the several estray laws' tft
jfhis 8: axe.
O'dere.d, That ihe remainder of the message do lie on the table?
The senate adjourned qntil to morrow morning 9 o'clock.- .
JVEBJfESIhiT, December 20th, 1826.
Mr Jones moved to reconsider so much of the journal of yester-
day gs relate?*'to he passage of the biil to appropriate monies for the
improvement of the navigation of .-certain rivers therein expressed—*
•It was determined in the negative. '
, • *
The honorable senator from the county of Wayne, had leaye of
•absence after to day for the remainder of the session.
Mr. Groves from the committee on enrollment, reported as duly
enrolled and signed by the speaker-of the house of representatives—
An act to give fur'.her time to purchasers of fractional lots, or is-
lands, at the late sales of the fractions, to pay for their lands.'
Which was presented to and signed by the president of senate.
Ordered, That the committee on enrollment do carry said act to-
his Excellency the Governor for his assent.
A message was received from the Governor, by Mr. Pierce, his
secretary, informing the senate, that his Excellency hod approved
and signed,
An act to give further time to purchasers of fractional lots, or i&r*
lands, at the late sales of the fi actions, to pay for their lands.
Ordered, That the committee on enroilro.eiit.do carry said act to
the Secretary of State's Office, and see the great seal ot the State
•fcffised thereto.
'2vl
The fotfwttfs; comnrnrucatiojt was also received from fiis excel-
lency the Governor, by Mr. Pierce, his secretary:
Executive 1)enactment, Geouk.iv ?
MMedgevUle, 19th December* vi>> 6,. £
The communication this moment received, from the Governor <lf
Florida, confirmatory of the facts hitherto disclosed, indicates a con-
Cert and combination of Indian hostility wider spread than had been
at first supposed. The State ought not to depend in the first instance
on other resources than her own lor the defence of her own people—
The Governor of Florida being an experienced and discreet officer*
sufficient reliance can be placed on his information, to justify further
measures of defence, and a force additional to that already ordered,
fie very soon dispatched to the quarter most seriously th» eatenvd*
(Signed)
G. M. TitOUP,
The senate took up and amended the report of the committee O.n.
sfftetitions to read as follows:
The committee on Petitions, to whom %v;»s referred the petition of
^Nathan Grantham, a revolutionary soldier—Reported,
That they have had the same under consideration, and think that
ihe petition is reasonable and ought to be granted—And therefore,
cecommend the following resolution :
Resolved, That the sum of one hundred dollars be placed in the ap»
spropriation law, subject to the order of Nathan Grantham, in con*
sideration of his revolutionary services.
And on ngotioa to agree thereto—The yeas and nays being rc:«:
Quired—It was determined in the affirmative.
The yeas are 40, the nays are 10.
Those who voted
Messrs.
Allen
Alston
Anderson
"Beal I
'Blacksfone
Broadnax
Brown of Monroe
Brockmaa
Choice
Clayton of Clark
Clayton of Pulaski
Coffee
Dyall
Footm an
in the affirmative are,
Foster
Frazer
Groves
M end rick
IIOXCY
J nice
Jones
Knight
JUawson
Love
Mitchell
Powell of Mcintosh
Ray
Scarborough
Spann
Smith
Stokes
Strawo
Tenuill.e
Thomas
Tippins
Walker
White
Witt
Wyon of €rw»opg&
Wvr.n of .Palk
272
Those in the negative are,
Mp-ssrs.
Baker of Liberty Horn
Baker of Warren Jane:
Harmon
Janes
Powell of Rabun
Wimberljr
"Woof en
Y oung
Biair
Barney
The senate took up and agreed to the report of the joint commit"
tee on agriculture and internal improvement of the 12th instant, on
the report of the commissioners of the southern rivers.
Mr. Blair presented the rpport of the commissioners to open a road
from the Locust Stake, in Rtbun county, to the Currahee mountain.
Which was read ami rehired to a committee consisting of Messrs,
JSIair, Coffee, and Clayton of Clark.
vtfr. Coffee presented the report of the inspectors of the Peniten»
tiary, relative to the late revolt and escape of convicts—W hich was
read.
Mr. Coffee from the joint Penitentiary committee, to whom was'
referred a resoiu-ion directing them to enquire into the causes of the
lute revolt of the convicts-—Reported,
That they have performed that duty, and now present the report
of the inspectors of the Penitentiary on that subject, for the infor*
mation of the senate—Upon which report your committee would rer
commend the following resolution:
Resolved, That the Inspectors adopt such regulations as they may
tbink most expedient, to prevent sucn a frequent intercourse between
visitors and convicts, and to guard particularly against furnishing
them with spirits and the means of making their escape.
Resolved, That the conduct of the Princ;pal Keeper, John Bulger
and John Briggs, in suppressing the insurrection a d preventing the
escape of the convicts, is highly meritorious, displaying great firm-
ness and personal courage, and deserving in an eminent degree the
approbation of the legislature. And they recommend as a reward
for the services and intrepid exertions of the said John Uulger and
John Briggs, that a smalt appropriation he made in their favor.
On motion of Mr Biair to str.ke out so much of the second reso-
lution as relates to the recommendation of making a small appropri-
ation in f*.vor of said Bulger and Briggs.
The yeas and nays being required—it was determined in the ne-
gative. The yeas are 20, nay» 31.
Those in the affirmative are,
Messrs.
Alston
Foster
Frazer
Mitchell
Powell of Rabun
Btrawn
Anderson
Blacksione
273
Bloir
B rudnax
Br;»wn of Hancok
Bumey
Those who voted in
Messrs.
AUen
B :.k,T of Liberty
B n«;i of Warren
B- alt ,
lii own of Monroe
lit ek man
Ciai.ce
Ciivron of Clark
F'a.'V^Q
Gloves ,
Tlendrick
J : n'S
J ace
Jones
the negative are,
liar man
Hoxey
LiiwM>n
Love
Pot er
Ray
Scarborough.
Sellers
Smvh
Stokes
White
W ho en
Wyuu of Gwinnett
Teonille
Thomas
Tippins
Walker
Witt
Wellborn
Williams
M unberly
Wynn of Hall
Young
The report was agreed to.
Orv motion of Mr. Coffee,
IL solved, That the secretary of Senate he authorised to employ
a sum lent number of engrossing, clerks, to keep up the business »f
tc-,> senate, and that the pay for the same be placed in the presidents
. v ji-mnt.
The senate took up the resolution relative to certain elections—
Voich was amended to read as follows and agreed to;
Resolved. That both branches of the General Assembly will con-
v !i»* in me 'representative chamber on Thursday next, at 3 o'clock,
P. M. for the purpose of elscBng four directors for the b;cik of the
fckdte «f Georgia on the p^rt of the State— Two d-rectors on he pa t
of the Siate for the Planters' Bank, and five directors on the part of
the State fur the Darien Bank.
Mr. Groves, from the committee on enrollment, reported as duly
enrolled and signed by the speaker of the house ot represeutativesj
the following acts;
An act to raise a tax for the support of Government for the yesr
1827.
An act to establish additional electoral districts in the county of
Columbia.
An act to authorise a lottery for the benefit of Wrightsborough
Academy, in Columbia county.
An act to amend an act, entitled an act supplem •nta,-y to an act,
more effectually to enforce an act prescribing me mode of maoo-nit-
ting slaves in this siate, and also to prevent the iuvetgiiog and illegal
carrying oat of the state persons of color.
$£N.
1*
An act to amend an act appointing vendue masters for the city of
-Augusta, passed the 2lst of Dec. 1819.
An act to appropriate money to improve the navigation of the Sa-
yannah river.
VV hich tvere presented to and signed by the president of senate.
Ordered, That the committee on enrollment do carry said acts to
{vis Excellency for his assent.
Mr. Walker, from the Committee on the State of the Republic,-
made the following Report:
The Committee on the State of the Republic to whom was refer*
red that part of the Governor's communication and Ihe accompany-
ing documents, relative to the distressed condition of the friendly
Indians, have had the same under their consideration, and ask leave-
to Report—
That by what rs called a talk, on the part of the Indians, held on
the 8ih -of March, 1817, with the General Govern merit,-the friendly
Indians explicitly stated that, *• when General Jackson treated with
09 he gave us to understand that n;e hr d which is now left us, was
left to us friendly Indians—and we tell to you now, that the same
who were then friendly are still your good friendG'- And again they'
say, "our enemies have rurdned our country, and the little piece of
land w hich you have now ieft «\e, as vctir known fin. nds, was left as
■a proof that we .were friendly ; and vvr were assured Unit no inter-
iruplion would or pertniifed. but that we would be permitted ?o hold
and keep this land as belonging to us always.—we wish you to give"
us this assurance, for we wish it from you. tmfore we go a'w'ay " In
answer to this the Genera! Government distinctly stated to the friend-
ly Indians, through the Don. George Graham, then acting Secretary
of War, that " the land which was g".aran;ce'd to you by the treaty
signed bv Gen. Jacksor, and your Quels and fleari tGn, on the 9h
of August, 1814, is your land : and your V'aib>T the President, who
holds you and your nation fast by the hand, will take care that no
part is taken from you, except by tile free consent of you? Chiefs and
He*d Men, given in council end for a yd u able consideration,''
Yet, those self same friendly Indians have been driven from those
yery guaranteed lands, and that too by the hostile Indians against
whom they sought protection ; because they had fought against them
for Georgia and the General Government. And in their expulsion
they have suffered the. most trying hardships, such as it would be now
unavailing to describe, but which seems to demand some repaiation
at the hands of the white people, their former frienos, and to whom
they have rendered some of the most useful and hazardous services.
They have fled to the frontiers of Georgia, where they have found a
refuge and have been sheltered, fed and clothed. For these supplies,
and acts of kindness, on the part of our citizen?, something is cer-
tan 'y due; and we hops and believe it is only necessary to satisfy
the General Govern me is 5 of their justness and the actual fact of bav-
ing been rendered, to'secure at once their immediate attention and
dGch rge—And to this end your committee would recommend the
fpilawing resolution:
■27$
hesolved, That our senators and- • representatives' in Congress tit'
• req : us*, tuair bast exertions- to procure' from thr G.- r<rat
G ivc n •<»«••!« soiiVe relief for the friendly Indians, and especially sat-
is factum to our own citizens for the aid, relief and supplies* afi-v-ed
hy tbemio said Indians in their flight from the nation daring riv- u'n-
fortunate troubles which took {dace in the spring and summer of
year, and that said compensation be afforded as early as practicable.!
for the frontier'settlers have pat themselves to great trouble and ex-
pense to furnis'h the said old and supplies, so much so as to become
in tarn, very considerable sufferers.
Which was read and agreed to. «
Mr. Walker from the Committee on the Sttte of the Republic alsd
•made the following Report—
The committee on the Stat* of the Republic to whom was refer-
red the Governor's communtcatioo of tn« 9th inst. with the accom-
panying letter from the Secretary of War, dated 27th of Nov. last,
have had the same under consideration, and beg leave to report—
That so far as rel-d.es 'othe alteration of the boundary of Georgia,
by hat is called fl>e new treaty, little need he sa-d by your commit-
tee—inasmuch as the General Government in the letter of the Secre-
tary of War, 'disavows any suck intention, though your committee
are of the opinion that said "treaty is susceptible of such construe-
tion. / . *
The Constitution of Georgia in defining the western boundary of
the Stale, claims to the western bank of the Chattahoochie river, so
'far as that river is made the line and the articles of cession of 1802*
be ween Georgia and the General Government, recognise the same
line. i.u the second article of what is termed the new treaty, and
repeated in the suoplem mtal adi je to the same, the middle of the
Chattahoochie river is distinctly made the line between Georgia and-
the Creek Indians ; >nd by the 13th .vrucie' of said treaty, " the U.
(States agree to guarantee to the Greeks a!! the country not herein
ceded." So that if by this guarantee the General Government mean
to secure to the Indians the absolute right to these lauds and one
half of'said'-river, dunng ; he'pleasure 'of the partie- (and the term
can meant ^nothing else,) your committee with great deference con-
reive, that such an indefinite assurance does amount to an alteration
of boundary ; and, if -the Indians should never choose to cede any
more lands to Georgia, a doctrine tjjey have been allowed not only to
'indusgvbnt avow, the above conclusion will, as they think, be readily (
perceivpd by any capacity.
Your committee in placing its construction upon the other part of
the .Secretary's letter, think they perceive a determination on the part
of the General Government to adhere to the new treaty giving a
promise, however, thai as soon as our difficulties are settled with
Alabama, an opportunity will be " embraced to carry into efFec< by
fre* t negociation, if practicable, the entire ession" of theGseefc
lands. \hd but *or-this difficulty with \iabama " in firing t,h« di-
Tiding line, it was the design of tfie President the moment the line
tH*
27G
had been established, to open fresh negotiations with'the Creeks fofc
the pm-pose of pi = curing any fragment of land such line might have
left ;if theirs wiih;ri the limits ot Georgia." Now, it must be obvi-
oos to every one, that the future acquisition of this " fragment" is
■made to depend upon a certain contingency, and that contingency is
or the general government's own creation. It supposes that there is
such a o isu' defs anding between Georgia and Alabama, as to pre-
sent an insuperable obstacle to any further purchase of territory by
•' fresh mgociition. ' I'iiis is nine tlie fact; for admitting there was
doubt between d e two states o. here the line should run, if. cannot be
a matte-* of any concern to the Indians. They can have no appre-
h- n.bnns n« w, whatever may have been their (ears before, as to "the
dic/'cti 'ii ot 'he line," and the quantity of land they might loose.—
The Secre ary of War " ihn-ks it highly probable thai he should have
suceee.ied m containing their relinq.iisni»ient, the more especially as
when,.bv the line ran ny the Gen gia Cocumibsicners, there is less
than 500,00t! acres of Indian lands.'5
Let the General Government then go up to the line run by the
G< org«a Commiiisiouers, and leave the dispute bvtween the two states
to be adjusted as they think proper.-—It the Lin s could have been
ooraineo at the time the new treaty was made, provided the dividing
line had been run, there can be no good re -son why they should not
now be obtained, since it is run ; and as to a. y feeling which the In-
chaos may have in the controversy between Georgia and Alabama,
they cannot be so much a dec ted by its issue, as to make it a matter
ol any consequence to their in'erest how it terminates. Your com-
nsitlee must therefore believe, that the supposed difference between
.fifeurgia and Alabama presents no impediment to an immediate extin-
^uishment of the Indian tt le to the Indian lands le'tout out by what
is called the new treaty ; and if persisted in, so as to delay the ac-
qiti&iiion of the disputed termory, it must be clear to every under-
s ending that our embarrassments ase far from being near their ter-
minaiion, •especially if, as is intimated, the new treaty is to be con-
sidered valid. The Secrcary of War does not admit that it was ihe
in entinn of the last treaty to include all the territory in Georgia,
*me only thinks it highly probable." if the line had been mn between
the two su;:e» tie might have obtained it. And speaking of the Pies-
ident's design to have opened fresh negociations for the " purpose of
pnmming the fragment left out, and that he will hereafter, in a cer-
tain even , attempt to effect an enure cession," are to your commit-
tee very p'air. ind'earions that the new treaty is to be regarded as the
one by wnich Georgia mu* abide. If so, the State owes it to herself
to e.n<er her solemn protest a^niost such a proceeding; and relying
upon the validity of the o»d t ca v, go on to occupy the lands acqutr-
eu tiiereby, until prevented by a force, either moial or physical, to
which, ny-the laws and constitution of the government, it will be her
but) to submit— t nd this, as she trusts, will be shortly ascertained,
by the appeal she has lately been compelled to make.
Which was read and agreed to.
Th - bill to alter and amend the estray laws of this State, was com*
milted unci* June next.
277
The,HUl to compensate the commissioners appointed, and that may
hereafter be appointed, to keep open the main chancel < f Btoad riv» r
for the tree passage of fish—Was laid on the table the remainder of
the session.
The following bills were read the third time and passed.
A bill to reserve the timber in the vicinity of Macon.
A bill to incorporate the Presbyterian, Episcopal, and ffapfist
Churches, in the town of Macon, and county of Bibb.
A bill to appoint trustees for the poor school fund of the county of
Ware, and to vest the fund of the Ware County Academy in the
same.
A bill to incorporate the Leonicera academy, in B ild win county.
A bill to authorise and empower the Trustees of the Columbia
county academy to sell certain real estate belonging to said institu-
tion.
A bill to raise by lottery a certain sum of money for the benefit of
the poor of Burke county.
A bill to repeal an act to regulate the town of Lexington, and all
other acts amendatory of or concerning the same.
A bill to authorise the commissioners appointed to lay of! the town
of Macon, to set apart a suitable piece of ground for the Methodist
Episcopal Church.
A bill for the relief of Leroy Reynolds.
A bill pointing out «he mode of compelling the attorney-general
and solicitor's general of this state, to pay over monies collected by
them for the state.
A bill to amend the 8 h section of an act, to dispose of and dis-
tribute the lands acqired by the late tieaty, passed trie 9th day of
June, 1825. s
A bill to change the time of holding the inferior court in the coun-
ty of Butts.
A bill to authorise the churchwardens and vestrymen of St Paul's
Church, Augusta, o sell a part of the church lot, &c.
A bill for the relief of Henry. T. Hall and Sarah his wife.
A bid to establish and fix the name of the Female Academy in the
counry of Elbert, and to incorporate the trusses thereof.
A bill to authorise certain commissioners therein teamed to estab-
lish a lottery for the purpose of raising the su n of $ 15000, to b® ap-
propriated to the building of a Masonic llall, in the town of Mil-
ledgeville.
A hill for the division of the county of Jefferson into electoral dss-
tricts.
A bill to define the mode of proving the accounts due the Peni-
tentiary.
A bill to establish an electoral district in the county of Waren.
A bill to authorise the trustees of Sparta Academy, in the county
of Hancock, to raise by lottery the sum of g 5000 lur the benefit of
said academy.
A bill to alter and amend an act, passed the 22.1 lice 1823, to al-
tor and amend an act passed 23d Dec. 1822, to distribute the bank
dividends and other nett proceeds of the poor school fund, amongst
%1S
file different counties in this State, so far as respects the county <§' .
Franklin.
The senate resolved itself into a committee of the whole, w the.
bill to admit certain deeds to record, and to admit the tame or c> pics
thereof in evidence. Mr, Teouille in the chair, .
The president resumed the chair, and the bill was reported without,
amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
The Senate resolved itself into a committee of the w «!a ? the.
bill to prevent the testimony of Indians being received h of
justice. Mr. Coffee in the chair.
The president resumed the chair, and the bill was repotted with-,
out amendment.
The senate took up and agreed to the report
The bill was read the third time and passed.
The senate resolved itself into committee of the whole on the bi!|
to grant additional lees 'o the justices ot the peace and constohles^
in he county of Chatham, and for other purposes. Mr. Walker id
the chair.
Tru- president resumed the chair, and the bill was. reported with,
amendment.
The senate took up and agreed to the report.
The bill was reau the third time and passed.
The senate resolved itself into a commit tee of the whole, en the bill,
for the relief of Ethan Melton. Mr. Witt in the chair.
The president resumed the chair, and trie bill was reported wife*
trat amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
The bill to after and amend an act, passed the 24th Bee. 1825, es-
iablishiog battalion district elections in the county of Burke.
Was ordered to lie en the table the balance «f the session.
The senate resolved itself into a committee of the whole on the bill
to amend act of- the 23d day of "Bee. J822, mr fee relief of debtor'®
families. Mr. Blackstone in the chair.
The president resumed the chair, and the htii was'reported wife-
■but amendment.
Ordered, that the report d© lie ®b the table.
The seo.ate resolved ihelf into a committee of the whole c« ta®
biU to create a new brigade out of the 5th division ©1 Georgia odtotia*
Mr. Wellborn in the chair
The pre ie-i.t resumed the chair, a ad the bill was reportest wife
-eur anumr.&?•::! h.
The aerate «'Ok up and agreed to tee report*
The ball was road fe third time.
879
And on the passage of the bill, the yeas and
jit was determined in the affirmative.
The yeas are 27, the nays are 26.
being r
Those who voted in the affirmative are,
Messrs.
Allen
Baker of Liberty
Baker of Warren
Brown oi Hancock
Brown of Monroe
Brockman
Choiee
Clayton of Clark
Daniel
Footman
Harman
Hoxey
Janes
Jones
Lawson
Love
Ray
Sciv;borougfc
Those in the negative are,
Messrs.
Alston
Anderson
Beall
Black stone
Blair
Broad nax
Barney
Clayton of Pulaski
Coffee
Foster
Frazer
Groves
Hendrick
Joice
Mitchell
Powell of Mcintosh
Po well of Rabun
Porter
Smith
Stokes
Thomas
Tippius
Witt
Williams
WimDerly
Wynn of Gwinnett
Wyntt of IialL
Spann
Sellers
Strawn
Tennille
White
Wellborn
W ooten
Young
Ordered, That the Secretary do carry said bill forthwith to thg»
bouse of representatives.
The senate resolved itself into a committee of the whole on the bill,
to raise by lottery the sum of $250,000 to establish a turnpike road
from \thens to Augusta. Mr. Stokes in the chair.
The president resumed the chair, and the bill was reported with*
out amendment.
The senate took up and agreed to the reprt.
And the bill was read the third time and passed.
The senate resolved itself into a committee of the whole, on thr
bill to alter and amend an act to alter and amend the road laws cr.
this state, passed Bee. 19ta, J818, so far as respects Franklin coun*
,ty. Mr. Broekman in the chair.
The president resumed the chair, and the bill was reported witW
out amendment.
The senate took up and agreed to the report.
The bill was read the third time and passed.
The senate resolved itself into a committee of the whole, on the
bill for the better organization of the Mayor's Court; of the city of
Augusta, and for changing the name of the same. Mr. Winn, of
Hall, in the chair.
280
The president resumed the chair, and the bill was reported with-
Out amendment.
1 he senate took up and agreed to the report.
The bill was read the thnd time.
And on the passage of the bill, it was determined in the affirms-
tive. The yeas ate 36, nays 14.
Those in the affirmative are,
Messrs.
Allen
Als'on
Anderson
Baker of Liberty
B tker of ^ art en
Brown of Monroe
Bmckman
Btimey
Choice
Ctavton of Clark
C I yton of Puiaski
t o flee
Daniel
Footman
Foster
Fr.tr.er
Harmon
Janes
Law son
Love
Powell of M. In tosh
Porter
Ray
Scarborough
Those in the negative are,
Messrs.
Beall
Bia.kstone
Blair
(Proves
li end rick
Hoxey
Joice
Much ell
Powell of Rabuu
Selltrs
Smith
Siokc.s
S- rawn
Thomas
Tippies
Walker
White
W ift
Williams
W in berly
Wynn of Gwinnett
W ytiu of Half
Tennille
W el) bom
Wonten
Young
The senafceresolved itself into a committee cf the whole on the bill
to dispose of the Mcintosh Receives, in the county of Butts. Mr.
Straw n in the chair.
The president resumed the chair and the bill was reported without
amendment.
Ordered, That the report do lie on the table.
Mr* Blair from the committee to whom was referred the report of
the commissioners of Tugalp rivet—Reported,
That they have carefully examined the same, and take pleasure in
saying the trust reposed in said commissioners has been faithfully
difcharged ; and the improvement effected by them in the navigation
of said rivei, has bevb very useful at.d accomplished in the most ceo-
nomicai tpanner. I ney have exhibited a very fatr statement of 'heir
expenditures, and shew thev haw- a balance of |6t 7 32 on hano—»
out of which balance, and that done, your committee lecomn end
that said commissior.,ers receive a reasonable compensation for M eir
servers, to such amount as his Kxcelhncy the Governor r av third?
they deserve, upon a view of the facts relating to said service?.
' 28#, -
\
And. your committee also recommend, that James TL WyJev, Jns.
and 2f *r>j.imin F. Sloan, be authorised to examine the places
v^ese the said commissioners think two locks are necessary tor the:
further improvement of"said river, and report to the next legislature
the praciic«biity and expediency of erecting said locks, and the pro-
table co9i and expense of, the same.
Which was read and agreed to.
The following message was received from the house of represents-
ti< •» by Mr. Dawson their clerk, informing the S' cate that the i use
of representatives had passed the following bills which originated in
Senate, to wit:
A bill to amend an act to incorporate the bank of Darien, passed
15m Dec. 1818-
A h II to alter and amend the road laws of Glynn county, passed
24i>i Der ember, 1825 •
v bill for the rebel of Alexander Ware.1.
\ bill to repeal an act, passed 20th Dec. 1823, so far as respects
the county of Early, * (
\ bill to add the Reserve at the Old Agency, on the cast side of
Flint river, to the,county of Crawfoid.
A bill to seil and dispose ol fraction number 241, in the 5th clis*
trict of Monroe county, which was omitted to be sold at the last sale
of the fractions.
V bill to amend and explain an act entitled an act to incorporate
the Henry county academy aud to appoint trustees for the same.
A hill to autho ise certain commissioners to sell and dispose of the
lumber and si e for the new Court House, at Wiley Robson's, in
Wayne county. ♦ '
\ bill to incorporate the Butts county academy, in the town of
Jackson, and to authorise the inferior court of said county to select
a s it 'ble lot tor said institution, and to convey fee simple titles to
the same.
A bill to amend an act entitled an act to incorporate the De Kalb
county academy..
\ bill to authorise the justices of the inferior court of Lowndes
county to lay off said county into militia districts
V idll to alter the name of Solomon Jones to that of Solomon
H<»well.
A bill to incorporate the Roman Catholic Church, of the purifica-
tion, at Locust Grove, in VVarren county.
\ bill to legitimate and change the name of James A. Jarrel to that
of James A. Sweat.
\ bill to incorporate the Raptist Church on Williams' creek, in
W arreo coun y '
A bill assen ing to and confirming a purchase made by the United
States, of a piece of land situated near Augusta, Georgia, and for
ceding jurisdiction over the same.
A bill to incorporate the Rrunswick Canal Company.
A bill to separate and divorce Marian Desha ana George W, De-
sha her husband—and
A hill to divorce and separate John Ray and Mary Ray his wife;
3S3
Tftie hosse has agreed to the resolution of the joint committee oil
(he *•"> w -d the republic, in relation to the late Indian disturbances-^
To winch they desire concurrence.
A- d thev have agreed to a resolution authorising the Governor t«
av)o > A an "'licer to tftke command of the detachment about to pro.
ceed to yh;» protection of the southern frontier—To which they de-
sire the i rnn .(iiate concurrence of the senate.
The senate took up the message and the resolution authorising the
Governor to appoint an officer to take command of the detachment
about to proceed to the protection of the frontier, being read
Mr. Coffee, proposed to amend the same by adding the following
prov'so: " Provided, ^uch officer does now command a squadron or
company of cavalry in this State.'*
And on the question to agree to said amendment—It was determ*
&ed in the negative. 1
And the yeas and nays being required are—yeas 24, nays 25.
Tho-e in the affirmative are.
. Messrs.
Alston
Foster
Sellers
Anderson
Fraicer
Strawn
Be til
Groves
Tennille
B!
He nd rick
Walker
B-.adnas
Mitchell
White
Bumrv
Powell of Mcintosh ,
Wellborn
CI » v on of Pulaski
P >we!l of .liabua
Wootea
Coffee
Porter
Young
Tho^e in the negative are,
Messrs.
AlJco Barman
BiK <• of Liberty Hosey
Bike, of Warren Janes
Brown of Hancock Jones
Brown of Monroe Lawsoa
Brockman Love
Choice ilay
Clayton of Claris Scarborough.
Footman Smith
Stokes
Thomas
Tippins
Witt
Williams
Wimberly
Wytitt t.f
Wyna cf
G winne&fc
Hall
The senate concurred in the original resolution.
The resolution of the joint commit-ee on the state of the republic
as contained in said mes-ago, in elation to the late Indian disturb*
ances on the frontier—being :ead,
On n otion of >1 Coif ;; the same was' amended, by adding the
.^lowing additional resolution;
280
fteiolved, Tha* his Excellency the Governor be requested to tils-;
' ••! ""•!»«' v am express to the Linir Prince. «P 'he <*»»•«&,
]S»' " ■, and 'fe««aa<l of n?m that he will immediately apprehend and
de!"M.- to tiie authorities of Geoigia, the Indians who h*ve coin mite
ted the recent depredation* on the frontiers ot this State,.
Which together with the o igical resolution vas agreed to.
Ordered, Thar the secretary cairV the same forthwith to the house-
of representatives tor their concurrence..
The report and resolution for the relief of Senjaioin Cook, o£
Henry couniy, was read and concurred in
The resolution in favor cf James Wacle, a free man of color, was
fead and concurred in.
lYe senate took up the report of theeelcct commit>ee of ibe house
of rept"-ientatives on the petition of Catharine Procter Limber' for-
Bit ily i.'atnarine Procter Whirs, daughter of Colonel John hite—*
-Which was read and disagreed to.
The senate took up the amendments made by the bouse of r »-
senturjves to the bill of senate to rent cert ain reserves and imj
tnenis vviihjn the late acquued territory
f he following section added by the house of represent*
>readr-
■' And be it further enacted, That the said commission a, *, ':r
inspection or oihefwi&e. asceriain as they shaU o*. uuV iIk
of said fractions, and place a minimum price thereon, uh)> * < r,
said fractions shall not be rented.
And on motion that the senate da disagree to said an.cr, ,—It
wa3 determined in the negative.
And the yeas and nays being required, are yeas i L nays i4»
Those who voted in the affirmative are,
Messrs.
Alstoif Hondrick
Bryadnax Joice'
Clay ion ol Pulaski Love
Foster Spann
Frazer Sellers
Those in the negative are
Messrs.
Allen
Anderson
Baier, of Warren
Be.tiS
B! ksfone
fl wn o{ Hancock
Brown of Monroe
Brock man
Bu -"»y
V-- ^
CL- - on of Clark
Sirs wn
TVnnille
•V* jpkv.r
Wellborn
Footman
Groves
Hajicop
H >xey 1
Janes
Jones
Lawson
Mi chrll
Powell of Rabun
R.-y
Smith
Stokes
Thomas
Tip pins
Wiiite
Wirt . '
Willi? j»,g
Wii!ib*-dy
W »>,>*«. t *
Wv! a Gwinnett
v >nn of Hall
Young
284
The senate agreed to all the amendments made by the house of
representatives to said bill.
Ordered, That the secretary carry all matteis agreed to by ser Me
to the house of representatives the same day tut which the same may
be acted on, unless otherwise directed by senate.
Mr. Groves from the committee on enrollment reported as duly
enrol ted and signed by the speaker of the bouse of representatives,
the following acs :
An act to amend an act, for the b^'ter projection and security of
orphar g and their estates, passed on trie 18th day of Feb. 1799.
An act to alter and amend an act enti led an act to amend the road
laws of this state, assented to the 19:h of Dec. 1818.
An act to define the liability of securities on appeal, on stay of exe-
cution, and for the protection of bad on recognizance, bond, note, or
other contract.
An act to authorise certain commissioners to sell and dispose of the
lumber and site for the new court house at Wiley Robson's, in Way ne
ccuuty. ,
An act to amend and explain an act entitled an act to incorporate
the Henry county academy, and to appoint trustees for the same—
passed the 9th of December, 1824.
An act to repeal an act, passed the 20th of Dec. 1823, so far as
respects the county of Early.
An act to alter and amend the road law ot Glynn county, passed
December the 24th, 1825.
An aci to sell and dispose of Fraction No. 241, in the 5th district
of Monroe county, which was omitted to be sold at the last sale of
the fractions.
An act to incorporate the Brunswick Canal Company.
An act to incorporate the ilaptisc Church on Williams' creek, in
Warren county.
An act to legitimatise and change the name of James A* Jarrel to
that of James A Sweat-
An act to alter the name of Solomon Jones to that of Solomoa
Howell.
An act to authorise the justices of the inferior court of Lowndes
county to lay off" said county into militia districts.
An act to incorporate the feoman Catholic Cnurch of the purifica-
tion, of Locust Grove, in Warren county.
An act to amend an act entitled an act to incorporate the De Kalb
county academy, approved 20th Dec 18v5
An act to amend an act to incorporate the bank of Daiien, passed
15th December, 1818.
Which were presented to and signed by. the president of senate.
Ordered, That the committee on enrollment do cany said acts to
his excellency the Governor for his assent.
The Senate adjourned until to-morrow morning 9 o'clock.
ass
THURSDAY, December 21s#. 1826.
Mr. Blair (palled up the resolution of the 19th inst recomme:"'ing
th,. Governor forthwith to dismiss the chief engine *r from the service
of the State.
Toe substitute oJTsrcd by Mr. Brown, of Monroe, in the following
words:
Whereas, it is the opinion of this legislature, that it would be im-
proper a-; his time to enter on the business of digging canals and
nuking rail roads in this State. And believing that a chief engineer
U upnecessar) in removing obstructions in our rivers and water
courses.
Be it therefore resolved by the Senate and House of Representa-
fives of the State of Georgia in General Assembly met, and ii is
hereby resolved, That his excellency the Governor be recommc-uLd,
and he is hereby requested to inform the chief engineer, that his ser-
vices for the future are not required. Was read.
When on motion of Mr. Walker to lay it on the table the remain-
derof the session both the original and substitute, it was determined
in the affirmative.
The senate took up and concurred in the resolution of the house
of representatives, in favor of the administrators of Eiisha Wood,
deceased.
The senate took up the report and resolution of the committee on
the petit ion of Jonathan Elliott of the 8 h inst. relative to the publi-
cation of the debates on the federal constitution in the slate conven-
tions—and agreed thereto by tilling the blank in said resolution witk
the number 10.
On motion of Mr. Walker,
Resolved, That the committee on the state of the republic having
discharged the business referred to tneir consideration, fte discharged
from any far ther duties.
The senate took up the report of the committee on the bill to d'js-
pose of the Mcintosh reserves in the couny of Butts.
When Mr. Brock man offered as a substitute, a bill to dispose >jf the
reserve at the Indian Spring.
On motion to lay the original and substitute on the table the bal-
ar.ee of the session.
The yeas and nays being required, it was determined in the af-
firinative.
The yeas are 29, the nays are Id.
2S6'"
• . Those in- the affirmative are,
. Messrs.
All en
Anderson
Biker d' Liberty
Bake- of Warren
Brri.nio-ix • !
Brook -uAn
Buraej
Choice , ■
CI avion of Clark
Footman
Lines
Jones
Foster
Groves
Harm an
Srmlil.
Stokes
Thomas"
Tip-pins
Witt
La wound
Love
Powell of Mcintosh Wynn of GwinnetV
Williams
'\Vimberly • j
Wynn ot iialT
Those in the negative are,
Messrs. .
A)& on
Bead
BWr
H e nd rick
'Hbxev
J nice
-Stravrn
Term "die
Walker
. Br'xv-n of Monroe Powell of Rabua. Wellborn,
- .>n of Pulaski. Porter • Wooten
Fr t'/er ■
foe senate took up and agreed to the report of the committee of"
the v.toie, on the bill to amend the act of thd 23d. day of December*!
1822, tor the relief of debtors families. . ' -
; Toe oil! was read the third time and passey. -
Mr. Blair'from the committee to whom was referred the report of
the committee appointed to open a road from the Locust Stake to the"
Currahee Mountains-Reported,
Tha« said commissioners represent, that they can effect the object
Intended by the iegiskv: ore in opening said road, upon much mere eco-
nomicai terms, and to greater advantage to the public, by changing its
■Mi recti on from chat prescribed in the resolution of the last legislature.
Therefore be it Resolved, That said commissioners be authorised
to operr said road in the nearest and best direction to the Franklin
Jine, without regard fo*he directions heretofore given, and that they
••flsgercise their own discretion in making said road, so as to accomplish
the object intended l>v the legislature.
Which was read and agreed to.
The senate took up. and agreed.to the report of the joint committee
on finance, to whom was confided, the duty of examining the office of,
the comptroller general, of the 9th inst. by striking out five hundred
dollars to employ an-additional clerk in his office, and inserting three;
hundred. ' -
On.motion of Mr. Brock man,
I Resolved, That the-Governor be>requested to direct the comptroller
Wene' a. :n pro? eed to have collected the sum of Umuri-t « Grs
foan.d -,o theUnacoi turnpike eompr.ny. under rh.» sc. f. ;'•>£ i"-M of
|)ecember, l$2l, so soon as the provisions ot said act will authorise
287
the collection of the same, and his excellency the Governor7s hereby
authorised to take and use all legal and necessary measures to carry
into .effect this resolution.
The senate took up the resolution submitted by Mi 7i< <i.<dnax on
.the 19th inst requesting tin* Governor to proven; m-y tors of land
jfrom being placed in the wheel cf the present contemplated laud lot*
tery lying west ol the new treaty line, as run by Cob /Jvat the Uni-
'ted States' surveyor—and
On motion of Mr. Clayton o>* Clark,
To lay the same on the table the balance of the session, it was dc'-v
fermined in the affirmative.
The yeas awl nays being required, arc yeas 38, nays 10.
Those in she affirmative are,
Messrs,
Allen
Anderson
Bak *r of L'herfy
Baker of Warren
Bead -
Blair
Brown of Monroe
Brock man
Barney
Choice
Clavoa of Clarke
C««ee *
©aniel
• Footman
Groves
Harm an
Mend rick
Hc.sey
Janes
Jones
Lawson
Love
Milhcell
Foweii of Bah a a
BWy
fkarboroygh
••Smith
8;okc3
Tenmile
Thomas
Tipping
Wciker
W hits
M itt
'Williams
Wimberly
Wyrro of Gwinnett
VVyrm of Mali
Those in the negative are,
Messrs.
Alston Fra/.er
^Jiaefcgtrie Powell of Mcintosh
llrwii'iiX Porter
Ciayton of Pulaski
Span a
Strawn
Wellborn
The following message was brought from his Excellency the Go-
•ve nor, -by his secretary, Mr. P crce, informing the senate that his
Excellency the Governor had assented to and signed the following
acts
An act to authorise certain commissioners to sell and dispose of
fh: (umber and site for the new court house at Wiley R bson'.s in
Wayne county. ,
An a t to amend and explain an act, entitled an act to incorporate
the Henry county academy, and to appoint trustees for the same,
•passed toe 9th of December, '824.
Au am to sell and dispose of fraction No. 241 in the 5th district of
M onroe county, which was omitted to lie sold at the last,sale of the
fractions.
288
An acttorepeal,an act passed the 20th December, 1123. so far as
rcsuecis Use county of Emly.
In act to incorporate the Baptist church on Williams cs«nvk. in
AW iren county.
\n act to legitimate and change the name of James A. Jarre) *q
that of James A. Swea^.
An act to alter and amend the road law of Giynn county, pass*4
December 2b h. 1825.
An act to incorpot ate the Roman Catholic church of the Pariffi. a-
ti n at Locust Grove in War > en county.
An act to aimmd an act, entitled an act, to incorporate the De
K db county academy approved 20 h December? 18 5
An act to authorise the justices of the infei ior court ot Lowndes
county, to lay oft* said county into iniibia dis-bo. ts.
An act to alter the name of Solomon Jones to that of Solomoa
liowcil.
An act to incorporate the Brunswick cansl company.
An acf to amend :m act to mcoipurple the bank of Darien, passed
15th Dec. a.U. r, 1813.
Ordered, that the committee on enrollment do cerry R»id acts to
the Secretary of State's office, and see uie great seal 'of State affiled
thereto.
The senate took up the report of the committee of the whole on
the bill to appropriate .moneys for the political year, 18£7.
Which was read by paragraphs.
On motion of Mr. Williams to strike out % 1200 to the comptroller
general lor the purpose of employing two clerks in his office, it was*
determined in the affirmative.
The veas and n».ys being required, are yeas 27, nays 23.
Those in the affirmative are,
Mess
Allen
Groves
Alston
Harm.an
Anderson
l b no rick
Baker of Warren
Hoxey.
Beall
Janes
Brockman
Jones
Choice
Lawson
Clapton of Clarke
Love
Footman
Ray
Those in the negative are
f Messrs.
BaKer ol Liberty
Blackstone
Blair
Broadnas
Brown of Monroe
Burney
CI iyton of Pulaski
Coffee
Daniel
Foser
Frazer
Joice
Matthews
Mitchell
Powell of Mclntosb
Powell of Rabun
Scarborough
Stokes
Tip pins
Witt
Williams
Wimberly
W ooten
V y nn of Gwinnett
AVynu ot ball
Porter
Spann
Smith
Straw n
TenniJle
Thomas
W alker
The senate took tip the report of the committee of fhe trble o&
the ni!l appropriate BiO :e)s for the political year 1827, which was
read by paragraphs.
Oo motion of VIr Williams to strike out 1200 dollars to the com »•
tfdter gene #! for the purpose of employing two clerks.in his office,
j; w 48 determine in tfte'affi. -(native. The yeas ami nays being re*
quired, are yeas 27, nyvs 23
Those who voted in the affirmative are, Messrs.
vlien, Alston, Anderson,'Baiter of Warren, Qeall, BrAckman,
Choice, Clayton of Clarke, Footman, Groves, Harman, Heud.-Pk*
K »xev Janes, looes, Law«on, Love, R*», Scarborough, Stokes, Tip*
pies Witt, Williams, Wiuiberty, Woolen, Wynn of Gwinnett, ami
Wynn of Half.
Tiio«e in the negative are, Messrs.
Baker of Liberty, BUck^tone, Blair, Broadoav, B-own of Moos
1-oe, Surrey, Clavton of-Puia*ki, Cofive, Daniel, Foster, Frazer,
Juice, Matthews, Mitchell, Powell of Mcintosh, Powel* of Rauun,
Porter, Spinn, S ni-.h. Sua»vn, Tcnnille, Thomas, Walker.
On motion to lis I the blank with the sum of eight hundred dollars
for clerk hire, it Wis determined in the affirmative.
And toe yeas and u.»ys being required, are yeas 27, navg 24.
Those in the affirm a4 i^e ate Messrs.
Al-
B:kec'sf Cioerty
B: n kstoiie
IU iir
B« » > lnax
B aa of Monroe
Bon-iev
Clay .on of Pulaski
Coff>e
Daniel
Foster
Fuzer
Groves
Joiee
Ltwson
Matthews
Mitchell
Powell of Mcintosh
Powell of Rabuit
Porter
Sp;>rm
Sfrawn
Tenuille
Thomas
Walker
Wellborn
Woolen
Those in the negative are Messrs.
Alien
Anderson
B iker of Warren
Beall
Brockman
Choice
C^ayton'of Clarke
Footman
Smith
Stokes
Tippins
Witt
Williams
Wimberiy
Wynn of Gw'nnett
Wynn of tiaii
Harman
Hendrick
Hoxey
Junes
Jones
Love
Ray
Scarborough
The following additional paragraph was proposed, viz :
"Fifty doiiars vo Jonn Bulger assistant keeper, for the activity
and bravery displayed by hnn in quelling the insurrection in the pe»
niten'iary on the 16th inst. and the sum of fifty dollars to Jere*
miah Bri'ggs of the penitentiary guard for similar services.
And pn die question to agree thereto, it being a donation, it was
determined in the negative.
The yeas and nays being required are—yeas 31, nays'19.
Tqose in the affirmative, are Messrs. „
Allen Groves Stokes
Alston Harman Ten ni lie
Baker of Liberty Hosey Thomas
ijaior of Varien Janes Tipping
ttfiX. IS
290
fcpann
Smith
Strawn
White
AVooten
Wynn of Gwinnett
15eall Lawson Waik^f
Brown of Monroe Love Witt
Brock man Matthew* Wellborn
Clayton of Clarke Porter Wiiiams
Coffee Ray Wimberly
Daniel Scarborough Wynn of Hall.
Footman
Those in the negative are, Messrs.
Anderson Foster
Blackstone Frazer
Blair Hendrick
Broad nar. Jones
Burney Mitchell
Choice Powell of Rabun
'Clayton of Pulaski
The following additional section was proposed by Mr. Porter.
Jind be it further enacted, That the sum of eight hundred dollar#
in Dai ten money, be and it is hereby appropriated for the building of
bridges across tour creeks in the county of Baker, viz : Pechitlt,
Ichewenocheway, Chiehesehatchee, and Okiokee, and that his excel-
lency the Governor be authorised to draw on the treasury for the a-
bovesum in favor of the justices of the Interior court of said coon-
ty upon their giving bond to his excellency the Governor, in the sum,
of two thousand doilaia, conditioned for the faithful application of
said appropriation. ^
And on the question to agree thereto, it was determined in the f£.
Urinative.
The yeas and nays being required, are yeas 31, nays
Those in the affirmative are Messrs.
Baker of Liberty
Graves
Spanri
Beall
Hendrick
Smith
Bhicksione
Joice
Strawn
Blair
Love
Tennille
Broadnax
Matthews
Thomas
Clayton of Clarke
Mitchell
Tippins
Clryton of Pulaski
Powell of Mcintosh
Walker
Coffee
Powell of Rabun
White
Daniel
Porter
Wellborn
Foster
Scarborough
Woolen
Frazer
Those in the negative are Messrs,
Allen Footman
Andersen Hoxey
Baker of Warren Janes
Brawn of Monroe Jones
Brock man Lawson
Burney Ray
Choice
Mr. Harm an proposed the following enacting clause:
find be it further enacted, That the sum of two hundred dollar?
Stokes
Mrilt
Williams
WimberJy
Wym of Gwinnett
Wynn of llall
■•29i
i*e paid to Hugh Wilson a revolutionary soldier, in lieu of his bounty
warrant.
And on the question to agree thereto, it was determined in tht?
negative
The yeas and nays being required, are yeas 19, nays
Those in the affirmative are,
Messrs.
Foster
Frazer
Harman
Jones
Matthews
Purer
Scarborough
Smith
Tennilte
Tippins
Walker
Wellborn
W lUiatrfs
Hosey
Janes
Lawson
Love
Mitchell
Powell of Mcintosh
Powell of Rabun
Ray
Spann
Stokes
Strawn
Thomas
White
Witt
Wimberly
Woolen
Wynnof Gwinnelt
Wynn of Hall
Rroadnas
Brown of Monroe
Brock man
Clayton of Pulaski
Coffee
Daniel
Footman
Those in the negative are,
Messrs.
Allen
Anderson
Baker of Liberty
Bake' of Warren
Bed!
Blackstone
Blair
Bumey
Clayton of Clarke
Heodrick
Mr. Coffee proposed the following additional section:
And be it further enacted, That toe sum of one hundred dollars
be, and the same is herenv appropriated for the use of Nathan Grant-
ham in consideration of his revolutionary services.
Ami on the question to agree thereto, it was determined in the ijff-
Urinative.
The yeas and nays being required are
Those in the affirmative are,
Messrs.
Allen
Alston
Baker of Warren
B! tckstone
JBotdnax
Brown of Monroe
Brock man
Glayon of Clarke
Clavtou of Pulaski
Coffee
Daniel
Foster
Those in the negative, are Messrs.
Anderson • Mitchell
-yeas 35, nays 14.
Frazer
Groves
Harman
Hendnck
Hoxey
Janes
Jones
Lawson
Love
Matthews
Powell of Mcintosh
Porter
Scarborough
Spann
So Hh
IStrawn
Tenmlle
Thomas
Walker
White
Witt
'Wellborn
Williams
Baker of Liberty
Be II
Blair
Sumey
Powell of Rabun
Ray
Stokes
Tippins
fa*
Wimberly
Wooten
W on of Gwinnett
Wynn of HaJM
292
TV r*»wvt being; spread to as amended, the bill was tead the.
thiid time ami passed.
The following message was brought from the house of represents-
fives by Mr, Dawson their cl<-ik, informing the senate that the house
of »©preventatives-had ageed to a resolution, requiring the treasurer
an /comptroller during the fi'.st w< ek of the m xt session of the le-
gwdatorp, to m*ke each a f 11 sutemeut of the condition of the fiuan-
Ces and debts of the State.
To a resolution rrqu- sting the Governor to convene a board of the
' general officers of tiiis State, to consist of not less,than seven, nor
wo e than thUr'een, to term and report a plan for the better organic-
tion «f the ovinia.
To a revolution requesting the Governor to have examined the lorh
district ot Irwin county, ami to ascertain whether it has been cor*
yictly ;-urvey«-d. ' '
To a resolution relative to an amendment to the constitution of the
Uni'p'i states. " '
To a resolution in favor of Jsaiah Faver.
To, a resolution in favor of Fleming,F". Adrian.
To a resoiu'ion prohibiting; persons going within the walls of the
penitentiary without the permission of trie principal Keeper.
, To a resolution in favor of the administrators of Thomas Dyer^
To all whitjh they desire concurrence.
f 1
That the house of representatives had agreed to. the amendments-
of sena e to the bill of the house, to establish free schools in the
coutry of Gwinnett.
To the amendment of senate to the bill, to altprgnd amend an act
emuled an act to amend the 14th section of an act to protect the
estates of orphans, and to m«ke permanent provision for the poor,
passed 24th Novemhes, 1818, so far as respects the county of Burke^
fo the amendments to the bill to alter and amend the first section
of an act, entiled an act, to alter and amend the 12th section of an
act to piotect the estates of orphans, and to make permanent provis-
ion for the poor, assented to the 18th December, 1816.
To the amendments to the bill "to amend an act, entitled an act, to
envoi? ten.e coverts to convey their estates, and for confirming and,
nuking valid all conveyances and acknowledgments heretofore made
by feme coverts, passed April 24h. IT'gO.
To the amendments to the bid to alter the time of holding the Su-
perior courts in the souihern circuits -
to some of the amendments of Senate they have agreed, and, to
others they have disagreed, as made by senate to the bill of the hou^e
to provide for the improvement of the navigation of certain water
courses therein expressed.
To those amendments to which they have disagreed, they respect-
fu!i> request the senate to recede.
That -they hud passed the following bills which originated in sett:
ate, Ui wii s • 4■
A bdl v. r.-yuli e t'-i1 intercourse, between the banks of this Suie
and oc.iCr inotitUiiotis unu bivkciS. V. '
«98
A bill to separate and divorce Susannah .Mel son and Elijah Mefc
son her husband. 1
A bill to incorporate the Savannah, Ogechee, and Alatamaha canal
company. .
A bill to extend the charter of the bank of Augusta, and to autbo*
rise an increase of ttje capi al,
A bill to amend the 6 h section of an act, entiiled an act, to ahei
and amend an act, passed 23d December, 1832,. to distribute
bank dividends and other nett proceeds of the poor schdnl fund, a-
mongpst the different academies iti the counties of this State, passed
33;J December, 1823, and also to amend an act ?o distribute cp' trin
fuuds for the use ot tne several academies in this Slate, passed 2.3d
December, 1822.
A bill to repeal an act entitled an act, to exempt from road duty
on certain conditions, a I male slaves on the bland of St Cadie*
rines
A bill to incorporate the Unitarian society in Augusta, Georgia.
A bill to incorporate L- ke academy.
A bill to authorise the pre*en* tax collector of Baker county. *0
collect the tax tide from.the cithz ns of said county fui toe year 1825,
A bill to compel fhe next recti jer of tax »etuti»s for tax djile pmp*
erty for Lowndes county, to receive the tax returns of citizens of
said county, whose taxes are due to the S a*e prior to the year 1825,
and to make it the duty of the next collector to eoi-ect said tax.
A bill to incorporate Franklin academy in Upson county, and ap«
point trustees for the same. }
A bill to incorporate Constitutional Hall academy in J o per county..
A bill to.make permanent the site of the public nuilduigs in t»e f
county of Thomas, and to name the same, and to.authorise the jin i«
ces of the Inferior court to.lay off* said coutry into militia d stics,
and to establish the time ot holding the lufciior courts for »aid
county.
A bill to incorporate Crawfoidville academy, and to appoint trus*
tees for the same.
A bill to incorporate the town of Crawlordviile in the county of
Taliaferro.
A bill to amend the several acts incorporating the Town of St.
Mary's.
A bill to incorporate Arthur Academy in 0.«jletho«-pe county.
A bill for the relief of Sally Woodson, Ma thew and Poily Ana
Higgi.nbot.ham, children of iJmjamin HigginWrham, &e.
A bul io appoint trustees lor the poor school fund lor the county
of Houston, aid to vest the proceeds of the Houston academy in the
same,
A bill to add that part of the funds heretofore set apa> t for the sup*
port of eounty academies to the poor school fund, so far as respects
the county .of Rabun.
A bill for the relief of Joseph Durrence, of Catnall county,
A bill to appoint trusiees for the poor school fund in thr county of
Tatnall, and vest the funds of the Tatnall academy in the same.
A bill to incorporate the Washington academy, in the couiuy of
Bibb.
5M
A bill to add parf of the cou ,»y f Washington to the county dtfy
Baldwin.
i bill ro authorise and direct a further sale of lots in the town elf
Macon, and to enlarge the commons of the same.
A bid to add a part of the county of Lowndes to the county of
Thomas.
A bill to consolidate the academical and poor school fund set apart
for Decatur county, and the same become a poor school fund
A bill ia repeal as act entitled an act, passed the 9tn of Decern-
ber, 1824, for laying off the counties of Emauuel and Tatnall into
election districts, so far as respects the county of Tatnall.
\ bid to change the name of Levi Satfcerwhite to that of Lcroy
Driver, and to legkimatise the same.
\ bill to lay off ant" add a part of the county of Dooly to the
County of Pulaski.
\ !>iil to define the line between the counties of Newton and De
•K.alb sod to add a part of the former to the latter.
\ oill to make permanent the site of Jackson, in the county of
Bui's and to incorporate the same.
A oill to vest in Jenny Poindexter and her legal representatives,
ft distributive share of the estate of her deceased father Barlle,y
McCraryr—and
■\ bill to legalise the solemnization of the marriage con'ract en-
tared into between Luckner JBass and Ann Dozier, and to legitima-
tlse Jaae Elizabeth tleir daugnter.
The senate took up so much of the message as relates to the biil of
'the house of representatives, to provide for the improvement of the
navigation of certain v«iter courses therein expressed.
<\nd the amendments made by the senate to said bill, to which the
house of representative have disa reed, were read,
And on motion that the Senate do adhere to their amendments to
3&id bill it was determined in the affirmative.
The yeas and nays being required aye—yeas 30, nays 21.
Those in the affirmative are,
^ Messrs,
Alston
Anderson
Baker of Liberty
Bake/ of Warren
Brown of Monroe
Clayton of Clark
Clavton of Pulaski
Coffee
fJaniel
Footman
Groves
Harman
Hoxey
Joice
Lawson
Matthews
Mitchell
Powell of Mcintosh
Porter
Scarborough
Those in the negative are,
Messrs.
. Foster
Frazer
Sirawn
Teonillec.
Thomas
Tippins
W«ikcr
White
Witt
Wimberly
Bay
295
Blair
Broad risk
Brockmta
Burney
Choice
Janes
Jones
Love
Henclrick
Powell cf Rabun
Wellborn
Williams
Wooten
Wynn of Gwinnett:
Wynn of Hall
A message was received from the house of representatives, by Mr;
Dawson, their clerk, informing the senate that the hou- of repre-
sentatives had concurred in the resolution to bring on certain »lee*
tions this day at three o'clock—with amendments.
The senate took the message and concurred in the amendments
made by the house of representatives to the resolution therein con*
taineo.
Mr. Groves irons t ie committee on enrollment, reported as duly
enrolled and signed by the speaker of the house of representatives,
the following acts:
An act te appoint trustees for the poor school fund in the county
of Ware, and vest She fund of Ware county academy in the same#
An act to authorise the trustees of Sparta Academy in the coua ty
of Hancock, to raise by lottery the sum of #5000 for the benefit of
said academy.
An act for the better organization of the Mayor's Court, of the
pity of Augusta, and tor changing the name of the same.
An act to alter and amend the is?, section of an act entitled an acjt
to alter and amend the I2th section of an act, to protect the estates
of orphans, and to make permanent provision for the poor—assented
to the 18th Bee. 1816.
An act to repeal an act, entitled an act to regulate the town c$
Lexington, and all other acts amendatory of and concerning the
same.
An act to authorise certain commissioners therein named to es'ab*
lish a lottery for the purpose of raising the sum of £15000 to be ap-
priated to the building of a Masonic Hall, in Miliedgeville.
An act to establish and fix the name of the female academy in the
pounty of Eibert, and to incorporate, the trustees thereof.
An act to alter and amend an act to alter and amend the road law
of this state, passed Dec. 19th 1818, so fa«- as respects Franklin, Hall#
Lincoln, Columbia, and Wilkes.
An act to alter and amend an act, passed the 22d day of Decern-
ber 1823, to alter and am en < an act, passed the 23d day of Dec. 1822,
to distribute the bank dividends and other nett proceeds of the poor
school fund, amongst the different counties in this state, so far as
relates to.the county of Franklin.
An act to alter a d amend an act entitled ap act to amend the 14th
section of an act to protect the estate of orphans, and to *n&ke per-
manent provision for the poor, passed the 24tb clay of Nov. 1818,
so far as respects the counties of Burke and Elbert.
An act to change he time of holding the Inferior Court in the
county of Dutts.
An. act for the division of the county of Jtfl&rson into decimal
districts.
2W
An act to incorporate Leonicera academy, in Baldwin cnonfy-.
An act to authorise a lottery for the benefit of the poor m the
county of Burke.
An act to authorise thecommissioners appointed to lay oft the tow n
of Macon, to lay oft'and set apart a suitable pi«ce of ground in lieu of
the one set apart by the said commissioners for the use of the MtUt-
odist Episcopal Church, in the town of Macon.
An act pointing out the mode of compelling the aHorney general
and the solicitor's general of this state to pay over monies collected
by them for the state.
An act to define the mode of proving accounts due the Penitentiary,
An act to authorise certain commissioners therein r mid, foes*
tab ish a lottery for the purpose of raising the sum m $250(l)C0 to be
appropriated, to the construction of a turnpike road from the Viliagg.
of Aihens to the city of •iugusta.
An act to create a new brigade in the 5th division of Georgia Mili-
tia, and to attach the same to the 5th division.
An aet to incorporate the Presbyterian, Episcopalian, and Baptist
Churches, in the town of Macon, And courny of Bibb.
An act to ?■ event the testimony of Indians being received in courts
of justice.
An act to alter and fix the times of holding the superior couris in
a part of t e southern circuit, and to alter the time of holding the
Superior courts in the Flint circuit.
An act to authorise and empower the trustees or commission! rs of
Cnkmbia county academy to sell certain real estate belonging to said
insti'U'ion.
A", act for the relief of Levi Reynolds.
An act to admit cena'n deeds to record, and to authorise the san »
or copies thereof to be read in evidence—ana also the copies of cer*
tain other deeds.
An act for he relief of Ethen Melton.
An act to alter and amend the 7ih section of the 2d article of the
Constitution of the State of Georgia. '
A'* act to repeal an act entitled an act to exempt from road dmy,
on certain conditions, all male slaves on the Islands of St, Catherine*
An act tor the relief of Henry i' HaU and isarah his wife.
A'* act to divorce and separate John Ray and Mary Ray his wife.
An act to incorporate Constitutional H«H ac&oemy, in Jaspoi co.
An act to regulate the t*adiog of merchants, shop keepers, ar d
others, so lar as regard* the. county of Liberty, and to punish those
who rmiy attempt to defeat tht same.
An act to extend temporary relief to purchasers < f the state's in*
tere«t in io«* of land in the mumies »t BiSm. 'Houston, Crawford^
ftflo'-.roe. Pike. F.ive te, Hewy, lk Kali),'Newton and JBu:<s.
An act ro meud an act entitled an act t > enable feme coverts to
convey their estates, and fur .confirming and making valid all convey*
a >ce« and a koowlerlgmenis heretofore m de by feme coverts, passed
A ril 25 i? 1760, so far as the same relates to te*e coverts conveying
tneir dower.
\n a-1 for the relief of Joseph Do rence, of Tatrall county.
Ah act .o incorporate he. Ft ankitn academy, iu Upsou county, ^
to appoiuy u usvtoa lor tUfc samcj
m
Jin act amendatory of an act to organ's** the counties of Thomas'
ami Lowndes, passed the 34.h of Dtc 1825, so ta; a& i expects ih©
ll'ii section of said act.
An act to authorise the churchwardens, and vestrymen of the Epis*
copal Chutch, in »4 >gusta, crdied 31. Paul's i bun h, to soli a part: of
the lot conveyed to the Pimestanr, Ko'»copal Ihuich, ol the city of
Augusta, by act of the 19th Dec. i8i8
An act to regulate the itttenoi.sse oetween the banks of this State*
sod o her institutions and inkers.
An act to establish an elt tiiot district in the rounty ol Warren.
An act to amend the several at is of the Lipisla u e m w m tone, lo
prevent encroachments on the river savannah, within the jurisdiction
and limits of the city of Savannah, and to alter and amend the 4,bf
section of an act, passed the 12th of Dec. 1815 entitled an act sup-
plemenrary to an act entitled an act to rVguiate the*pilorage of vta-
sels to and from the several ports of the slate.
An act to regulate the battalion and general musters of the county
of Liberty.
An act for the relief of Lewis Lynch of Putnam county.
An act to add the Reserve at the Old Agency, on the east side of
'Flint river, to the coanty of ('rwfo> d.
An act to incorporate the Lake academy, in the county of Bibb
An act to make permanent the site ol the public buildings at Thorn-
a ville, in the co»nty of Thomas, and to name said village, and to au-
tho Le the justices of the inferior court to lay off militia districts and
to establish the time of holding the inferior courts of said county.
An act to preserve the timber in the vicinity of Macon, tor the pre-
set vaiion of the inhabitants t ereof.
An act to incorporate fhe Unitarian Society in Augusta? Georgia.
An act for the relief of Mark Donald Clark, of Ribb county.
./in act to establish tree schools in the county of Gwinnett.
An act to separate and divorce Marian Desha and George W. Be-
sha her husband. . . .
An act toauihorise and require the present Tax Collector of the
county of Baker to collect the tax due from the citizens of said
County for the year 1825.
An act to incorporate dfrthur academy, in Oglethorpe county.
An act for the relief of A exander Ware.
An act to extend die charier of the bank of Augusta, and to au-
thorise an increase of the capita!—and
An act to amend the 6th section of an set entitled an act to alter
and amend an act, passed the 23d day of Dec. 1832, to distribute the
bank dividenos and other nets proceeds of the poor school fund, a-
mo igst the different countks in this State, parsed 22d of Die. 1823,
and also to amend the act to distribute certain funds for the use of
the several academies in th.s s ate, passed 23d of Dec. 1822,
Which vvme presented to and signed ov the president of Senate.
Ordered, I'hit the committee on enrollment do carry said acts to
to the Governor for his assent.
On motion, the honorable senators from the counties of Rryan,
Jac ks ai and Hail, nad reave of absuiceaitor a> day lor me itmajiuu^E
the
2 m
Dn notion of Mr. Wellborn,
Resolved, That Howell Cobb be, and he is authorised and appoint-
vnt ••lit at public outery all .the Indian Reserves belonging to
thy fef of Georgia, Houston county, on the terms and under the
same r* st.ric?w»ns proviced 7or ia t resolution passed at the annual
*#.«.8'on o* 18I»S: Pryoi&ed, TLai ib? O • Howell Cobb do execute,
to hr- ExceUcrriy iba C-'o W i iuoi* :. boz-o v.it'n good and sufficient se-
cutiiy for the fdtbful pfirfcrr>:ase aT hs^ duty; and moreover, he
the said Cobb, *hall ^'.VwrtLo tlbs rcstfog of the said Reserves at
live of tin- most public places in the eounty aforesaid, thirty days
previous to renting—and that he continue renting the same yearly
nn ill otherwise disposed of.
"like senate adjourned until 3 o'clock, P. M. this day*
3 o'cXock^ P» JK!|'
-Tiie Senate met pursuant to adjournment
The following message was brought from the Governor, by Mr.
.P erce, his secretary, informing the senate, that his Excellency ha<£
approved and signed,
A resolution to bring on certain elections this day at S o'clock.
Mr. Dawson, the clerk of the house of representatives informed!
the senate, that the house-of representatives were in waiting to re-
•eeive them in the representative chamber, for the purpose of proceed*
-ling by joint ballot to the elections set apart fpr thl* day.
And he wi!hdrew.
The president and members of Senate then repaired to the Repre-
^creative Chamber, when both branches of the General Assembly
pro~eedcd by joint ballot to the election of four directors on the part
of the 8*ate, in 'he State flank—Un counting out the votes, it ap-
peared that Wm B. Bullock, Mordecai Myers, A. B. Fannin, and
George Schley, were duly elected.
Tin.* the ptoceede I to he election of two directors on the part
of > ; the PI infers' Bank—And on counting out the votes,
it appeared dm John R. Morel! and - Fort, were duly elected.
They then proceeded in like warmer to the election of five direct"
»>n the part of the St »te, for the t^arten Bank— '>r»d on iv.'idug
ou: the votes. i» i«pp--ared that Semuel Buskin, W«•.. Y Han^eli,.
Ca<bak, Wa- Triplelt. and Seaborn Jones Esqrs. wer* duly
eleced.
Vhev then proceeded ia like manner to the election of a brigadier
general of the third brigade of the fifth division—\nd on coaling
put the votes, it appeared that Co! -Mien l,awhon was duly elected..
'I hey proceeded in like manner to the election of a Judge for tne
^Jourt of Common Pleas, for the c'y.y of Augusta—And on counting
put ihe votes, it appeared time ll' Oer ft itesd, Esq was duly elected*.
T The president and members of senate, turned to their "chamber.
When, VIr. Hoxey laid on the 'able the foHoning resolution:
Resolved, That both branches of the (leneval Assembly will i -
ipiirn "sine die" on to morrow, 11 o'clock-
Toe honorable senators from Patnall and Richmond, had leav^-a
absence after to day for the balance of the session.
The senate adjourned until to morrow morning 9 o'clock,
FRIDAY, December nd, !8i>. .
■ft)n motion of Mr. Coffee,
The senate reconsidered so much of the journal of yesterday, a,i
rotates to the passage of the bill to appropriate monies for the politi -
cai year 1827
On motion of Mr. Jones.
Resolved, That Wiley B. Ector and Alex ander Flail be, and they
are nereby appointed commissioners to rent tor one year to ih? hign-
esc bidder the Mcintosh reserves in the county of Butts, under the
Sarin: regulations and restrictions pointed out bv a resolution passed
the 23<1 December, 1825, directing liie Inferior court of Monroe
county to rent said reserves.
The following message was brought from the house of rcpresenta*
tives bv Vlr. Dawson, the clerk, informing th - s :nai»* that the house
of representatives had passed the. folio•■■.•jog ,y\'-9 which ongina-VJi ia
senate, >>-wit:
A bill to separate and divorce Jost., h iiuse anil Jane Duke )pfc
wife-;* ■'
309
A bill to divorce and separate Elizabeth Palmer and her husband
E'isha Palmer.
A bill to separate and divorce Riley Fin I ay and Mary Finley his
wife.
A bill to authorise Elijah Phillips to erect a bridge or feiry over
the Towel iga river in Monroe county on his own land, and to estab*
lish the toll rates.
A bill to make permanent the site of the public buildings it, the.
■county of Early, and to n .me the same.
A bill to repeal an act to establish election districts in the county
bf Dooly, passed 25th November, 1824, and a bo to make permanent
the site of the public b iddings in said county, and to name the same.
A bill to authorise certain commissioners therein named- to raise
bv lottery the sum of three thousand dollars tor the use of the l>e
Kalb county academy, and also to authorise jhe justices of the Infe-
r;or court to vest one thousand dollars of the county funds in said
lottery.
A bill to appoint trustees for the poor school fund for the county
of Lowndes, and vest the funds of the Lowndes county academy ill
the same.
A bill to incorporate the Monaghan -academy-in Warren county,,
and Brockman United Academy in Giynn county, and to appoint
trustees for said academies.
A bill to legitimatise and chonge the name of Maria Elizabeth
Breton, to that of Mariah Elizabeth Humphrey.
A bill to fix on the time of holding the In erior court in the county
of Lowndes, and to appoint two additional commissioners to assist in
fixing on the public site for the same, with an amendment.
A bill to authorise the justices of the Inferior court of Richmond
county, &c. to enter upon the lands of individuals or of corporations,
and to take therefrom materials for the constiuction or repairs of
roads.
A bill for the relief of John Stewart, Floyd Stewart, and John T.
Perm of Oglethorpe county.
A bill to legihmatise and change the names of certain persons
therein mentioned.
A bill to amend the judiciary act of 1799, so far at relates to roort*
gtsges on real estate.
A bill to sell and dispose of the land lying in the twelith and thir-
teeoih districts of Ware formerly Appling county.
A bill to lay oHf, define, and keep oprn the main channel of Flint
and Ghattahoochie rivers so as to prevent the ' hstrucuon oi the free
passage of boats and fish, and to appoint comrni-sien^is fo- the same,
and also to appoint one commissioner for the Ocmulgee rivet.
A bill to establish a ferry across Flint river en fraction No. 178 in
the 1st district in the county of Dooly, and to ve»t the right of said
ferry in William Lampkin and his heirs
A bill to add the academy fund to which the county of Baker is
entitled to the poor school fund of said cnuniv, and fifty dollar* se-
venty cents of the poor school fund fo which the coutfy ot Early
was entitled for the years 1824 and 1825 to 'he same, and to auiho-
ri - e the taking the census of sundry counties in tlrs State
A bill to repeal in pari the I2i.ii section of an act to dispose of and
mi
the finds lately acquired bv the United States for the use
of ot ihe Creek i<ak<ii «>t i•,<! = 31;s, by a treaty made and
«oa< laded at tbe 1 dian Springs on the. 12 h day of February, 1825.
A. bill t?> Si jmraie and thioice Cmdy I), t tokes and iiitij) his
w;fe.
A bill to separate an/3 divorce Bennett Taylor and Cynthia his
wife.
\ bill to al'er end change the name of J o es James to that of
Peary James, Addison K.*-mi jitk to that of Addison H&ssell, and
in-adurd Carter to that of IC ad ford Johnson, with amendments.
A bill to alter the mode of fi ling the vacancies of sheriffs, clerks
of the Superior and i .-tenor courts, and tax colieciors, and to provide
for filling the vacancies of receiver of tax returns.
A bill to extend the time for district surveyors to make their re-
turns in the contemplated loti.-iy, and to autho ise the Governor to
fill vacancies in certain ea* s .herein mentioned.
A bill to authorise John YV. It;bun *nd George W. Gordon to plead
and practice law and equity in this State, with amendments.
The house has agreed to a resolution appointing a committee on
unfinished business) to join such as may be appointed on the part of
the senate.
The house still adheres to their disagreement to the amendments
of senate to the bill appropriating monies for the improvement of cer-
tain navigable water courses, and request a committee of conference,
and have appointed a committee on their part to join such as may be
appointed by senate.
fhe house has concurred in the resolution requesting the Governor
to have suit instituted upon the bond of Murdoch McLeod, surveyor
of the first district of Dooly.
In the resolution to suspend all proceedings on the part of the
State against William W. If; own.
In the resolution requesting the Governor to purchase and forward
t<» such coun'ies as are unprovided, a certain number of the Georgia
justice and Pi ihce's digest.
In the resolution requesting the Governor to purchase for the use
of Raouncouety, five copies of the Georgia Ju tice, ro be forwarded
with the laws and jpdrnals of the present session.
Iu the resolution requesting the Governor to purchase six copietof
the Georgia Justice for the use of Glynn county. &c
In the resolution in favor of Joseph O.-ik, crerk of the Superior
■court of' Wilkinson couo-y.
In the resolution appointing trustees of Rabun county academy.
In the resolution appointing a commissioner of toe Early county
academy.
In the report of the committee on bunks to whom was leferred the
■exhibit of the Bank of the d ate of Georgia.
In the report o! the comu.i ier on har ks to vvhorig was referred
the annual s;a emt io- of the hank of Augusta
In trie repo-1 «»♦ the commiuee on the penitentiary, on the subject
of the late revoitin the piii'ierciarv
In the resolution requesting ike Governor to cause ail monies to
he collected m toe hunua or the late eoUcuore general.
to the report of the gdeet committee on the petition of miakjf.
Tr.»ver.
1<> die re-zflutmn auHiorising the treasurer to pay to -he h - A re*,
p- e*-entati»es ot James CuriRtngham, a certain sum of n onei
la the report of the committee on the stale of the repubkc, rela*.
tiv«- to the distressed conditio:] of the friendly Indians.
In the report of the .joint printing coiamiUee for printing the laws
and journals of the present session. .
in the report of ike committee oh the scare of the republic to
whe'D was referred the Governor's communication with theaccouipa*
nymg letter from the secretary of War.
I' the resolution appointing commissioners of the Montgomery
c.h. - academy.
In the report of the joint usiiirsxy committee,
i the report of the joint committee oV finance.
Ia die resolution relative to the payment of State House Officers;-
Io me report on the memorial of Jonathan Elliott.
In me resolution to consult the people at the next genera! election
in ivkin n to an alteration in ihv Constitution, so far as to reduce the
«v-u>cwh> of the Legislarute,
And they have agreed to she report of the joint committee Of. put£
lie education and tree schools—to which they desire concurrence.
The sena"e took up the message and the amendment to the bill, tb
•alter ain\ change he name of James James to that of Henry Jamee,"
A-:-'-1 K.endri: k to mat of Addison Hassel, and Bradford carter
fewdradfos a Johnson was read and concurred in
The a mend merits made b) the house of representatives to the bill
of senate to authorise J-j.hR W Rabun and George W. Gordon io
p! fed and practice law in the several courts of law and equity in this
8mm, were reau and concurred in.
Vb« senate-'took up the resolution of the house of representatives,
appointing on their pair, a committee on unfinished business—and
havr g concurred therein, joined a committee on their part, consisting
of : !n:srs Williams, Groves and Anderson.
The senate took up the subject matter of disagreement between the
two houses, on the bill to appropriate monies for the improvement of
the navigation of cert tin water courses therein mentioned, and agreed
toa committee of conference, and joined on their part a committee
consisting of Messrs. Brown, of Monroe, Harmari, and Clayton of
Cli-.k.
The report of tho joint committee on public education and free-
Schools, was read ami concurred in.
fhe resottttt n of the house of representatives of yesterday, in
£*vor of Fleming F Vdfian was read and concurred in.
The resolution for the relief of Isaiah Favour, was read and con,-
cun ed in.
The resolution relative So an amendment of the Constitution of the
Umted Sta»^8, was 'ead and unanimously concurred in.
The re. oltiii h requesting'the Governor to have examined the 10th.
cfistrk; of i. Wir- e- ! ;v. and to ascertain whether it has been,acett*
fjtely surveyed, - - A and coim .u-red in.-..
1.he resolution requesting lbs Governor to have convened a boartt
#03
the general officers of this State, &c. was read and ortl^rffd fo IfV
on the table the remainder of the session.
The resolution in favor , of the administrators of Thomas Dyes:,
deceased, was read and disagreed to.
The resolution prohibiting persons to visit the Penitentiary, with-
4Jitt permission oi" the 'principal keeper, was read and ordered to lay
oft the table the hakuce of the session.
The resolution requiring the Treasurer and Comptroller General
during the fir.it week ef the next session of the legislature, to make
each a full statement of the condition of the finances and debts due
idie State, was reed and concurred in.
A communication was received from the Governor, enclosing '*
Statement from certain persons representing themselves as land hold-
#rs in the 11th district of Irwin now Lowndes county—which vval
read and referred to the committee on petitions.
Mr. llendrick from the committee appointed to examine and «<?fe
0tc engrossed journals of the senate for the present session correctly
engrossed and brought 4.p—llepwted,
That they had carefully examined the same up to Saturday (he > 6th
^jbslant, and find they are correctly engrossed with a neatness tiiatk
sgredi able to the clerk of that department.
Which was read and agreed to.
The senate took up the bill to appropriate money for the political
year 1827—and by unanimous consent the same was conside ed as
•the report of the committee of the whole, open for, and subject to
Amendment—Whereupon,
The same was amended, by adding thereto the sum of twenty fiv&
Hundred dollars as the salary of the principal engineer of this State-
Mr. Coffee proposed the following as an amendment to the bill:
^ That the sum of seventeen thousand dollars 5e, and the same is
hereby appropriated, for the purpose of building a steam boat, for the
purpose of removing the obstructions in the southern rivers, agreeable
to a concurred report of the committee on internal improvement:
Provided, The same be in D.inen money."
Which was read ami disagreed fo.
The President of Senate being absent.
On motion of Mr. Jones,
Unsolved unanimously, That the thanks of Senate be, and ihey arc
'Hereby -presented to the Hon. Thomas Stocks, President, for the-
prompt, faithful, independent, and impartial manner in which he has,
discharged the duties of the office during the present session.
Oo motion of Mr. Clayton of Clark,
Resolved unanimously, That the thanks of Senate be, and they
are hereby presented to Win. V. Harwell, Esq. the Secretary of th£-
$04
Oetufe for the prompt, faithful, inri* pendent, snd Impartial manner,
m »viii :h he has discharged the duties ut his office, during the present
Session.
The following; message was brought from 'he house <;f represent®--
fives, by Mr. Da a-son, clerk, informing the senate ♦hat the house of'
representatives had agreed to a resolution authorising the Governor-
to furnish certain office's of the di IK-rent counties of this state, with
A copy each of Schley '& Digest—'To which they ties re concurience*
That they had passed the following bids of senate, to wit:
A bill to appoint Trustees for the Poor School fund in rippling
county, &c.
A oil! to repeal the law creating a Board of Public Woiks, and
fee law'authorising the construction of t central canal or railway.
A bill to alter the time of holding the supeiior court in tee middle*
circuit—with amendments.
A bill to define the liability of indorse™ of promissory notes, and
other instruments, and place Jieni upon the frame looting wi<h *e»
curities.
They have agreed to the r-'po-t of fee committee of conf rence,
on the bill appropr-inring .money for the improvement of the naviga-
tioo of certain water courses.
They have passed the bill of Smate to establish election districts
ifa Jones county—vvi h amendments.
They have concurred in the resolution appointing commissioners
to rent out the Mcintosh Reserves.
In the resolution directing the comptroller general to collect the
$3000 loaned to the Unicoa Turnpike Com.piny.
In the resolution app dntinga commissioner to rent out the reserves
in H uston county—and
In the report of the committee on the report of the commissioners
tiopen a road from Locust Stake to the Currabee mountain.
The house have agreed to some, and disagreed u> others, of the a-
mendments made by senate to the appropriation act—and
They have passed the bill ot Senate to equalise the salaries of the
state-house officers.
On motion of Mr. Blair,
Ordered, That the secretary of .Senate deliver over the documents
in the cases of LedbeMer and Bonar and Watson, to the senators
from Habersham and Greene counties.
On motion,
Resolved, That Messrs. Clayton of Clark, Brockman and Tcnnille,
be a committee on the part of senate, to join such as may be appoint-
ed on fee part of the house of representatives, to wait upon his Kx-
celieocy the Governor, and inform him feat both branches of the gen*
eral assembly have gone through their bu-ine^s, and are now ready *0.
adjourn, and desire to be informed whether he has any further com-
muuieatioa to .make to either bram-h of the legislature.
The Senate adjourned until 3 o'clock, P. M.
9i)i>
S Ohlock P. M.
The senate met pursuant to' adjournment.
A message was brought from the house of representatives by mr«
jjawson- their clerk, informing the seoate that the house of repre-
sentatives had passed the i>ili of senate to amend the act of incor-
poration'of the tdwn of MiHcdgeviile, with an amendment.
That the house of representatives 'had appointed on their part, a
committee to writ on the Governor and inform huu to at the General
Assembly are ready to adjourn s'fee die.
And also to inform the Senate that the house of representatives
would be ready to adjourn without a day at. half after 31 o'clock' this
day. *
The senate took up the message and agreed to the amendment of
the house of representatives to the bill to amend the act of inccrpo-
ration of the town of Mi'lledgeville.
And they joined on their part, as a committee to wait on the (?»♦.
vernor, Messrs. Clayton of Clark, Brockmau and Tenndle."
The senate took up"the message of the house of represehtatives ,
and concurred in the report of the committee of conference, on the
bill to appropriate moneys for the improvement of the navigation of
certain water courses therein mentioned.
The resolution authorising the Governor to furnish Schley's di-
gest to certain officers of different counties.
Was read and concurred in. ■
The amendments to the bill to alter the time of holding the Su-'
perior courts in the middle circuit, &/\ .
Were read and agreed to by Senate.
The atiiendmcnfs to the bill to establish election districts in Jones
county-—was-re».ri and agreed to.
The senate took tip the subject of the disagreement of the house
of representatives, to the amendment of senate to the bill to appro-
' priate moneys for the political year lBbr—-which were read and'ad-
hered to by the senate, except the Ante rdme at proposing an appro-
priation of one hundred dollars'to Nate an Gfrantaam, for revolution.,
ary services—-which was read—en motion that the senate do
recede from said amendment, ami .concur v 5th the house of repre-
sentatives in striking "nut the same, it was determined in theaffif-
unative.
The ye is and nays being repaired, arv-yeas 27, nays 15;
Those who voted in the affirmative, are
•Messrs.. Allen Anderson Baker of Liberty jUaker of Warren
i?eall BSaif Brown of Monroe Brockrhan Buraey Choice Groves
Harman //endrick Janes loncs Love Matthews Mitchell Powell
of Siabun Ray ScarDoroogh-Smith Stokes Strawn -Williams Wim-
berly Woolen.
Sen,
306
Those who voted in the negative are,
Messrs. Alston Ulackstone Bro&dnax Clayton of Clark Ciavtm
or Pulaski Foster Hoxey Joiee Powell of Mtiaicsh Porter Ten.
nille Thomas White Wellborn.
The following message was received from the house of represetn
-tatives by their clerk, to wit:
Mr. President,
The house of representatives have passed the following bills
which originated in senate.
A bill to amend the penal code of this State, so far as relates td
costs on indictments.
A bill for the division of Upson county into electoral district, and
to establish an additional election district in Rabun county.
A bill to amend an act to sell and dispose of the State's interest
in lots of land which have been or may hereafter be condemned as
fraudulently drawn in the counties of Bibb, Houston, &c.
They have receded and concurred in the amendments made by
senate to the appropriation bill.
They have, passed the bill of senate to explain the 4th section of
an act, passed at the present session, to amend the land lottery acts
heretofore passed with a small amendment.
The senate took up the message, and on motion that the senate do
recede and concur in the amendment of the h. of representatives, to
the bill to explain the 4th section of the late land lottery act—which
amendment is in the following words, at the end of said bill " but
to the principal who employed the substitute," it was determined in
the negative.
And the yeas and nays being required, are-—yeas 16, nays 21.
Those who voted in the affirmative are,
Messrs. Alston Bcall Brockman Choice Clayton of Pulaski
Rosier 7/endrick 7/oxey Janes Mitchell Porter Spann Stokes Ten-
nille White Wimberly.
Those who voted in the negative, are
Messrs. Anderson -Baker of Liberty -Biackstone Blair Broadnax
Thrown of Monroe Burney Clayton of Clark Coffee Groves ff&tmm
Joice Love Matthews Poweli of Rabun Ray Scarborough Straws
Thomas Wellborn Williams.
Itesolved, That the senate do disagree to said amendment, and
that the ho 'se of representatives bo informed thereof.
Mr. Clayton of Clark, from the committee appointed to wait on
his Excellency the Governor, and inform him that both branches of
the General Assembly would be ready to adjourn this day, reported
that the committee had discharged the duty assigned them, and re-
ceived for answer from his Excellency the Governor that he would
have no further communication to lay before either branch of the
Legislature at their present session.
A message was brought from the house of representatives by mr.
Dawson, clerk thereof, informing the senate that the house of repre-
seatatives had agreed'to a rest.lulion to entitle members of the Le-
gislature to copies ol the printed laws and journals of the present
session—-and
soy
In a resolution appointing a committee on (heir part to join a com-
lfj>utee on par; of Senate to open an additional'st-aied pa^iiel of mc*
a«y tn the Treasury, and had appointed on their part, Messrs. Barn*
aide, Dougherty, and Hull of Clark
The senate took up the mess ga and concurred in the resolutions
therein contained,* and joined a cornmitr.ee on their part consisting of
Messrs. \!lenf //oxcy, and Po.vell of llabtm.
On mo* ion of mr. Ciavton of Clark.
Resolved, That his Excellency the Governor be requested to hive
published in all the public Gazettes of this State, the lesolution
.passed at this session of the Legislature, on the subject of calling a
convention, at such times, and as of en as he may think it necessary,
¥ give full and complete publicity to the same.
A message was brought f ora the house of representatives by tnr.
Dawson its clerk, informing the senate that the house of represents'
tives had concurred in the resolution authorising the Governor to
have printed in ail the Gazettes of this State, the resolution calling
■M convention, &c.
Mr. Allen from the committee appointed, made the following report.
The joint committee appointed to open a packet of the money that
was sealed up in the Treasury REP* >RT,
That they have opened packet No. 2, containing 829,570 on the
Tlanters Bank, and £400 on the United States Bank.
Mr. Groves from the .joint committee on enrollment, reported as
duly enrolled and signed by the Speaker of the house of represea-
tatives, the following acts, to wit:
An act supplemental to and explanatory of an act, passed at the
present session of the legislature, entitled an act amendatory of an
act passed the 9th day of June, 1825, to dispose of and distribute
the lands, &c.
An act to authorise John W« Rabun, George W. Gordon, Marcel-
Iks Jones, and David B. McOombs, to plead and practice law in the
several courts of law and equity in this state
An act to establish and regulate district elections in the county
of Jones.
An act to consolidate the academical and poor school fund set
apart for Decatur county, and the same become a poor school fund.
An act to amend the penal code of ibis state, so far as relates to
costs on indictments.
An act to make permanent the site of Jackson in the county of
Butts, fend to incorporate the same.
An act to appoint trustees of the poor school fund of the Appling
county academy and vest the fund of the same, &c. &c.
An act to alter and amend an act entitled an act to amend and
consolidate the several acts for the better regulation and government
of the town of Milledgeville, passed 19th Dec. 1818.
An act to repeal an act, entitled an act, to create a board of pub*
lie works and provide for the commencement of a system of internal
improvement, passed 2.1st December, 1825, and also to repeal an act,
entitled an act, to lay out a-central canal or railway through this
(State, psssed 24(h Dec. 1825.
An act to alieh the times of holding the Superior courts in the
%Q*
308
middle and northern circuit, so far as respects the counties of Mont-
gomery and Taliaferro. * - -
An act to amend an act of the 23d day of Dec. 1822, for the re-
lief of debtor's families. ' \
Ah act to change and define the compensation of Secretary of
State, Treasurer, Surveyor-General, and (7omptroller:General, and
to give to each officer a permanent salary.
. An act to ' authorise and direct a further sale of lots in the town
«F'Macon, and to enlarge the commons.of the shine. • C
An act to repeal in part the 12th section of an act, entitled an act
*to dispose of-And •distribute the land lately acquired by the United
St.. tcMor the use of Georgia, of the Creek Nation of Indians, by a
treaty made a»;d concluded at the Indian Springs on the 12th day of
Feb. 1325, passed the 9th day of June 1825. ^
An no', to extend She time for district surveyors.to make their re-'
turns in the coofmp!afe«.Mnnd lottery, and to authorise the governor
to lilt vacancies' in .-errata cas.esTherein mentioned- .
An act io provide mi1 the improvement of the navigation of certain
• wat-M* courses therein expressed.- *-
An act to amend an ect,to sell and dispose'of the State's interest
in' lot? of buid' which have been or may hereafter be condemned as
fraudulently drawn in 'he counties of Slbb, Houston, and others.
An .act t.i! legitimatize and change the name of Maria Elizabeth
Eretoo to that of Maria .Elizabeth Humphrey. - '
A o act to make permanent the site of the public buildings in thfe
■ dbunty of "Early, and to name the same.
An act to repeal an act, entitled an act, to lay off the county of
Dooly into election districts, passed the 25th day of November,. 1824,
also to make permanent the site of the public buildings in the county
of-D >oly, and to name the same. A 1 '
An act to rent-certain reserves and improvements in the late ac-
quired territory. .
An £ct to separate and divorce Susannah Melson and Elijah Mel*
son her husband. * , >
An act assenting to and confirming a purchase made by the Uni-
ted States of a piece of land situate near Augusta, Georgia, and for
ceding jurisdiction over the same.
An act to incorporate ^utts county academy in the town of Jack*
son, and to authorise the Infeiior court of said county to selecta
suitable lot for said institution, and convey fee simple titles to the
trustees of the same;
An act to lay otf and add a part of the county of Dooly to the
county of -Pulaski.""
Jin act to legalise the solemnization of the marriage contract oh-
tered into between Buckner' Bass and Aon Dozicr, and to legitima-
Aise J:me Elizabeth their daughter.
An act to authorise Elijah Phillips to .erect a bridge or ferry oVer
the Toweliga river in Monroe county, on his own land, and to es-
tablish the toil rates.
An act 4o authorise the justices of the Inferior court of Richmond
county, commissioners and overseers of roads and contractors for
the construction and repairs of roads ill said county, to enter upon
the lands and inclosures of individuals, or ofcotyx) rat ions, and to?
take therefrom materials necessary for the construction or repairs of
road Si ..
An act to amend ihe judiciary act cf seventeen hundred and cine'-,
ty nine, so far as relates to mortgages oti real estate.
An ret to establish a ferry across Flint river, on fraction, No. 178,
in the first district of the county of Dooly, and to vest the right of
said ferry in William Lamkin and his heirs.
An act to authorise certain commissinne; s therein named/to raise
by lottery the sum of three thousand dollars for the use of De JLuib.
academy, and also to authorise the Inferior court to vest one thousand
dollars of the Inferior court's funds in said lottery.
An act to Incorporate the town of Crawfordviiie in the county of
Taliaferro.
An act to define the line between the counties of Newton and
DeRalb, and to add a part of the former to the latter.
An act to appoint trustees for the poor school fund in the county
of TatfRall, and vest the fund of ihe Tattnall county academy m
the same.
An act to add a part of the county of Lowndes to the comfy of
Thomas. •
An act to add the academy funds'to which the county of Baker is
entitled, to the poor school fund of said county, and fifty dollars se-
verity cents of the poor school fund to which the county of Early t»
entitled for the yeas 1324 and 1825 to th»: same, and to authorise the
taking of the census of sundry coon tics in this State.
An act to separate and divorce Elizabeth JPalarer and her husband
Siisha Palmer.
An act to separate ar.-d divorce Cordy J. Stokes and Theay.
Stokes Ids wifo.
An act to incorporate Monaghan Academy in WarreQ county, and
.{frockman United Academy, in Greece county* &r,-d to appoint - trus-l
tees for said academy. ' '
An act for the relief of John Stewart, Floyd- Stewart* and John -r.
Penn, of Oglethorpe county.
An act to separate and divorce- Dennett Taylor and Cynthia Taj*
lor his wife. „ . ' ■ ~
An. acv to divorce and separate- Joseph Bake and 3a»» Duke iia
wife.
' An act to fix the tiflae of holding the infoxlor i'a the county of
Lowndes* and to-appoint two additional commfosiooecjj. to assist in
fixing the public site for the same.
An set to. lay oif, define ami keep, open the main channel of Flint'
and Chattahoochee rivers,, so-as to prevent ihe obsb ueuoa of" lha
free passage of boats and fish, and- to appoint cottiroUsioaers. terifes
same* and also to appoint one commissioner for the Ocrouigee river.
An act to legitioiatasoiyod'cfianges the casnea certain, Q&mim-
therein mimed. t
? An a-c£ to separate ami divorce Riley Finite? &, M&ry Fin-foy. his, wile*.
Jla act to-compel, the nest receiver of tax. i-eiurtas. lor-taxable
perfcy fur Lowndes county*to receive the- c&x eeiua-as, of c.Uix.*ws-
said county* whose taxes are dim to, the state, prior-te» ttis- yeas-
and to make it the duty of. the eoUeetar W, c&lteel ■'ilX Jxi &iX .
An act to aaie&d Ike severs* acta .iacQr^r^tbss tfi& teMy&oi §&
Marjlu
BiO
An aet io incorporate the Washington academy in the county of
Bibb
Av act to be entitled an act to appoint trustees for the poor school
fund for the county of Lowndes, and to vest the funds of the Lowndes
county academy in the same.
An act to appoint trustees for the poor school fund of the county
of Houston, and to vest the funds of the Houston county academy
in the same.
An act to add that part of the funds heretofore get apart for the
support of county academics to the poor school fund so far as res»
pects the county of Rabun.
An act to sell and dispose of the land Lying in the 12 th and 13th
districts of Ware formerly Appling courty.
An act to incorporate Crawfordvilie academy and appoint true-
tees for the same.
An act to repeal an act, p >ssed the 9th December, 1824, for lay-
ingoff the counties of Emanuel and Tattnall into election district®,
8o far as respects the county of Tatnalt.
An act to vest in Jenny Pohdoxter and her legal representrtivea
a distributive share ot the estate of her deceased fat her Bartkf
McCtary.
An act to add part ef the county of Washington to the county
of Baldwin.
An act to change the name of Levi Sattervvhite to that of Leroy
Driver, and to legitimatize the same.
An act for the relief of Sally, Woodson, Ji/atthew, and Polly Ann.
Ligginbothara, children of Benjamin Uiggmbotham and Elizabeth
Higginbotbsro.
Art set io incorporate the Savannah, Ogeeche, and »91atam?ha Ca>
Sal company.
\j< act to define the liability of indersers of promissory notes, and
other instruments, and place them upon the same footing with
frcuritics.
An act to appropriate money for the support of government during
the political year 1827—and
Which were presented to and severally signed by the President of
the Senate
Ordered, That t^e committee on enrollment do carry said acts to
the Governor tor his assent.
A message was brought from the house of representatives, by mr„
co their secretary, informing the senate that the house of repre-
seotativesare ready to adjourn sine die.
Air. Groves from the committee appointed to examine the accounts
of tfie members and officers of the senate—Reported a Warrant on
the T reasurer for their pay.
Which was presented to and signed by the president of the senate.
On motion of Mr. Powrilof Mcintosh,
Resolved, That the secretary inform the house of representatives
thst the senate is now ready to adjourn without a day.
The X;et&-y raving pert < e > ./ t dot.—Whereupon,
Oa motion, the President adjettmea the senate 'sine die«5
1st. The president having taken the chair and a quorum being pfe •
sent, the journal of the preceding day shall be read.
2d. No member shall speak to anotner, or otherwise interrupt the
business of senate, or read any printed paper while the journal of
public papers is reading, or when any member is speaking in debate.
3d. Each member, when he speaks, shall address the chair stand-
jog in his place, and when he has finished, shall sit down.
4th. No member shall speak more than twice in any one debate, on
the same day, without leave of senate.
5th. When two members rise at the same time, the president shall
name the person to speak; but in all cases, the member first rising;
shall speak first.
6th. No motion shall be debated until the same be seconded.
ffch. When a motion shall be made and seconded it shall'be reduc-
cd to writing, if required by the president or any member,, delivered
in at the table and read, before the same shall be deba ed.
8th. While a question is before senate, no motion shall be receiv-
ed, unless for an amehd meat, for the previous question, or for post-
poning the main question, or to commit, or to adjourn.
9th. The previous question being moved and seconded, the ques*
tion from the chair shall be,shall the main question be now put ? and
if the nays p evail, the main question shall not then be put.
10fh. If a question in debate contains several points, any member
may have the same divided.
11 th. When the yeas and nays shall be called for by two members,
each member called upon shall (unless excused by senate) declare
openly, and without debate, his assent or dissent to the question,
and upon the call of the house, the members shall be taken by their
names in alphabetical order.
12th. Any member intending to ask leave to bring in, or more for
a committee to be appointed to report a bill, shall give at least one
days notice of such intention, and the title of such bill.
13th. No bill shall be committed or amended until it shall have
been twice read, after which, it may be referred to a committee.
14th. When a member shall be called to order,he shall sit down
until the president shall have determined whether he is in order or
not ; and every question of order sh til be decided by the president,
without debate; but if there be a doubt in his mind, he shail call fur
the sense of Senate.
15th. If a merauer bs called to order for words spoken, the excep-
tionable words shall immediately be taken down in writing, that the
president may be better enabled to judge of the matter.
16th. When a blank is to be filled, and different sums and differ-
ent days shall be proposed, the question shall be taken on the highest
sum, and most distant day, first.
lfth. All petitions shall be numbered as they are received, and
taken up and decided on in the same order as they were received.
18th. No member shall absent himself from the service of senate,
without leave of senate first obtained.
19th. The motion of adjournment shall be the first in order, with*
out debate.
20th. No member shall leave his seat after adjournment, until the,
president shall have left the room.
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IKMSX.
TO.THE ANNUAL .SESSION Of
Assembly General—organised 5.
Academy Constitutional flail— notice far com to report, bill to ineo„
5, oom. appointed 21, bill reported r2t 43,31 and passed 45*
passed bouse of rep 293, enr'ld 296.
•De.Kfalb ccnnty—•notice for corn. 10 report bill to amend the act
incur. <if, 20, com appointed 30, bill reported 43, r2t 49 & 55,
passed house of rep. 233, enrolled 284,assented to 288.
Bill reported to authorise a lottery far-the benefit of) 215, r2t
233, St and passed 239, passed h. of rep. 300, enr. 309.
Lake, in the county of Bibb—bill to incorporate, reported inst.
29, r2t29, passed 34, passed house of rep. 293, enr. 297.
Arthur—petition praying the incorporation of, ref 28, biii rep.
31, r2t 43,,3i and passed 50, passed house of rep. 292, en. 297.
Butts count}'—notice for com to repo: t bill to incorporate, &c.
28, com appointed 35, bill reported 47, r2t 55, 3i and passed
61, passed h of rep. 281, en. 303.
Franklin—notice for com to report bill to incorporate 31, com.
appointed 43, bill reported 54, i2t 60.3t and passed 66, passed
house of rep 293, en, 296.
Henry county—bill reported inst. to amend the act of incorpo*
ration of, 47, r2t 52, 3t and passed 61, passed house of rep.
281, eo. .284, assented to 287.
Cray-fordvilie—bill -reported to incorporate, r2t 63, Sfc and pass*
ed 109, passed house of rep. 298, en. 310.
Absence-'leave of, granted to messes. Beail 33. Brown.of Hancock-
46, Siokes 58, Bumey 53, Wimberiy 64, Hcxcy 65, Tennille
08, Car ille 77, Alston 93, Horn 93, Matthews 94, Footman
98, Spar.ti 100, Clayton of Palaski 100, White 101, Groves
121, Brown of Camden 128, Burney. 128. W'imberly 128,
Wellborn '128, Brown of IKcufur 131, Sickes 138, Hoxcy
14-2, Powell of Mcintosh 142, Br. vvn of Hancock. 142, Mitels-
eit 142, Hendrick 142, Broadnax 191, Baker of Warren 225.
I/orn 225, Wellborn 24C Cargslle 242, BroWn 'of Camden
242, Scarlett 242, Daniel 244, Baker of Liberty 249, Lore
349, Hay and Knight 249, Brown of Decatur 249, Lawson
249, Harris 270. Footman, Witt, and Wynn of. Ball 297,
T/ppins and Walker 299.
Abridge David—petition of ref 21, bill reported 42, r2t 49, proceed-
ings on 75, rieg 232.
■Attachments—natice fur com to report bill to amend the acts regula-
ting the granting ef, 22, com appointed 27, fcili reported 41
r^l 49, laid on the table 93.
844
Jlarian Fleming: F.—res. of the house of rep/fyf ih'e relief of, 202,
concurred in 302.
Attorneys a* Saw—bill reported ic?t. concerning the estates of, 2?
rL2t 34, proceeding 62, bill rej 67.
Jlkins WiHi-m—jtetition ©f ret J95, report on 225.
Afford WiHt —petition of ref 27, bill reported 39, r2t 44, neg. 232.
Appling county academy—res. concerning of, laid on the table 36,
•».' j reported in lieu of the resolution 51, r2t 60, 3fc and passy
«fo 66, passed house of rep. 304, en. 307.
Attorney jfid Solicitor General-—bill from the house of rep. pointing
out the mode of collecting money from, 263, r2t 266, 3t and
• passed 277, en 296.
Arsenal—res. assigning room in, for the use of trustees of Franklin
College 42, conc. in 43.
Atwater E!ih«—petition of referred 83.
Augusta—bii! cf die house of rep. concerning the Mayor's courfcin,
259. r2 . 207 St and passed 270, en. 295.
Academy €! <• kesviile—trustees of, appointed 63, conc. in 144, ap-
p'-OVfi! 153.
' locust Grove—bill reported to incorporate, 64, r2t 71, 31 and
passed with am ended caption 104.
Washington, in Bibb county—-bill reported to incorporate 76, r2|
83, 3t and pov sod 91, passed h of r. 293, en 310.
12(H';toop—hid of the house of rep. to incur. 86, r2t 90, 3t and
passed 96, en. 136.
Flat 8 !<.to—bill of the house of rep. to incor. 86, r2t 90, St and
passed 96, er- 135
Toweiiga bill <>f the hou^e of rep to incor 86, r2t 90, 3t and
passed 96, en 134*
CRk Grove—hi)! of the house cf rep fo incor 133, r2t 181, 3t and
passed 189, en 235. *
Corinth—bill of the house of rep to incor 134, r2t 181, St and
pu ?: . 189, cn 235.
Mouaghao, in Warren county—bill reported to incor. 181, r2t
189, 3t and passed 201, passed h of rep. 300, en 309.
Clayf r—reso appointing trustees of, >26, conc in 301.
Virgil iialt'—bill of the house of rep to incor 238. r2t 262.
Leonirera—ail of the house of rep to incor 233, r2t 266, 3t aril,
passed 277, en 296.
Adjournment sine die—mo appointing day for, 193, agreed to 300,
senate adjourned without a day 310.
Appropriation—bill of the house of t op to appropriate monies for the
political year 236, r3t and passed $92, reeon 299, passed 305.
enrolled 310.
Banks—bill reported inst, to regulate the intercoarse between the f,
r2t 29, proceedings on 50, recom 69, r3t and passed 85, passed
house of rep 292, enrolled 297.
Com. on, appointed 17, joined on part of h. of rep. 25
Report of concerning Planter's Bank, 143.
Resolution for the election of directors of 215, agreed to 273,
conc in 295, approved 298.
prunsivick. Canai Company—memorial of, praying to be incorporated
'oi and ref 16, bill reported 41, 200 copies ordered to be
primed 43, r2t Go, proceedings on 72, St an* passed 73, pass-
oil nouse ot reo. 281, en 284, assented to 288.
Bill of the house m rep. rejathg to the town aa4 commons of 86*
t2t 91, 3fc and passed'100, en 135,''
juicer county of—-notice IV com to report bill to add a part of tti'e
late acquired territory to, 22, mm appointed 02, r2t 55, pro*
ceedings ca 6,2. r?t ami ptssld 91. • ' ■
Notice for com to sport bill Vcgoi&xing tl'je academy fund in, 5^,
bill reported il9,.~2t 12.3, St and passed 166, passed house of
rep. 300, en 309. 1
■Ofink Darien—bill ot the hou-a of rep to amend the act ot in cor.
48, r2t. 60, St and passed ,67*, en 8|.; ' ,
Report of the corn, on 142, documents concerning of ordered to
be printed 14$, com of 'investigation appointed 143.
Bill reported *!>'.amend cWir^e-pf 226, 12,t~ 233, 3i and passeiT
240, recon 242, passed, 248, passed house of rep. 281, en 284,
assented to 288. f • > *>'H • "
Of Augusta—mdmtuial of ref. 64, bill reported 69, r2( 75, St &
passed S$, passed house of rep. 293, en 297.
Report of com on condition of 229, cone Vn 301.
boundary Line between Georgia and Fiorina—report of the com. re-
,r lating to 79, cone in 144, approved 153.
Report on the subject of, between Alabama and Georgia 129 to
131, oonc in 196, approved 222. 'v
Proposed resolution relating to, 256, disagreed to 287.
Qank of Macon—-reso laid on the table relative to the stock of 99.
Directors on part of the state for the Slate, Planter's and Darieo
Banks elected 298.1 •
Of the State of Georgia—bill of the house of rep. to amend the
act incorporating of, 168, r2t 189, 3t and passed 234. en 251.
Report of the com on the condition of, 2Sf), cone in 301.
1\rileif Joel—Memorial of ref 122, report on 166, agreed to 257-.
I Samuel A.—elected solicitor general of the Chattahoochie C|r
cuit 241. iN * ••• '
Brokers—bill reported to fax \$lj, r2t 179.
Burke county—dU\ of the house "of rep. concerning election districts
in, 196, r2t2$3, postponed 278. ,
Bill of the houie of rap. to raise by lottery i»,oncv fur the benefit
»t the poor i4,263, r2,c 266, 3t and passed 277< eti £96.
Bsnner William Hyahd Joseph Watson—$ettttdn pt referred 48,
report on 10CL order for the papers of 804.
Branham'Henry—bill of house of rep. 'authorising Him to build a
mill dam across Flint river, 195, negatived, 217.
Boipen William—Resolution for relief of laid-on the table, 52 an<l%;
rel 77 reiereqee reconsidered 80 and 81, amended and agread
to 75, cone, id 144, approved 153.
Brown William VVS—'Resolution for the rejlef mT, 129, cquc. in 301«
Bass Ruckner apd his wife—notice tor r o e. to i cfnet hill to legalise
the marriage of 54, com. appointed 64,-bill • reported 70, v2t
74, rSt and passed 77, phased house or rep 294, enrolled 3QS.
■Vozewan John—elected inspector of the penifeciiwy,264.
Brock Ihomss—ecmu- appointed to report bill fe pardon 69, r2t 75,
proceedings .on 80, bill negatived 89,"
Breton 'hi am Elizabeth—bill reported to niter tKe name- of 106, rSt
,1 10, r3t and passed 115, passed house or <vp. 800. enrc.i 308.
ftaker cofjp.tjt—bill reported relating to the datura of the tax c&V:«e*
aid. ,
Lor of, ii9, 2t \%% r3fc and passed 135, passed house of ^
293, enrolled 29/., ^ '
Bryan county—notice fcr commissioners' to report bill to compjj
persons owning settled plantations and negroes in, to pay O
in said county, 69, corn, appointed 73, bill reported 74, rea$
9J: 80 and 81, read 3d time and passed, 125.
Brooks Samuel—resolution of the house of rep. in favor of, 76, lajfl
on the table 79, read and disagreed to 128.
flelltr John—bill of the house of representatives to change the name
of 134, r£t 181, St. and passes!.
Berrien John M—commtinmcation from and Jonathan Elliott's me.
roorid ref 168, report in advising the purchase of certaht
books 188, agreed to 285, cone in 302.
Brigade—bill of the house of rep. to create a new brigade in the 5th
div. Geo. militia. £61, r2t 257, r3t and passed 279, eisroll. 296.
Butts county—.bill of house of rep to alter the time of holding the
inf. court in, 259, r2c 260, 3t and passed 277, enrolled 295,
Brood river—bill of the house of rep. in favor of the commmissiott,
ers of, 259, r2t 266, postponed 277,
Congressional districts—.notice for coramitttee to report bill to repeal
the act laying off this state into, 5, com. appointed 19, 2f
bill reported 27, r2t 64, 3fc and passed 59, passed house ej|
, rep. 169, en. 235, assented to 26S.
Notice for oom. to report bill ref'g^he system to the people 2g,
Resolution relating to 35, negatived 186.
Resolution of rhc house of rep. relating to, 269.
Constitution—notice for com, to report a bill to alter the 1st sec. «|
the 4th art of, 5, com appointed 30, bill reported 36, r2fc 44;
3t and passed 84.
Notice for com. to report bill to alter the 2d sec. of the 4th art
of, 21, bill reported 54, r2t61, 3t and passed, 99.
Notice for com to report hid to aher the /ih ^ec of the 1st arl
o/, 29, c• rn appointed 48, bill Jeported 53>;V2t 61, proceedings
on S6, bill negatived 227. /
'Crawford county—uo ice for com to report bilHo add the reserve
oa Flint river to, 6, com appointed 20, blfl reported 23, r2t 34
3t and passed 55, passed house of rep. 281, en 257.
Notice for corn to report bill to add part pf the late acquired
territory to, 29, com. appointed 32, bill i reported 3.9, r2t 45
negatived 65, recon 6c, passed 77.
Church Baptist, on Will taws' creek—notice for com to report a bill
to incorporate 26, com appointed 32, bill reported 37, r2t 44
St and passed 62, passed house of rep. 281, en. 284, assemet
<0 288.
Constitution--»noiic,e for com to report bill to alter the 3d sec of' Cm
1st art <d. 29, com. appointed 48.
'Bill reported to amend the 15th sec of the 4th art of, 232, real
21 time, 239.
Cartledge James—bill of the house of rep for bis relief, r2t 91, 8
and passed 96, enrolled 135.
Cunningham YViiiiam—petition of 236, report on 236, cone in 302
Clark Mark I)—bill of the bouse of rep, for the relief of, 838,
261, Stand passed 26$,enrolled-297,,
34?
. s nii|itirt of 1791 2 and 3—-report and resolutions of the.hc:;s«
""of rejmexcniatives relating to, 238, cone in 252.
dilution—bill of the house of representatives to amend the 7 fa
1" g;-_e of the 2u article of, 251, r2i 261, Stand passed 267,en-'
rolled 296.
-tsiUtee joint—to wait on the Governor and inform him of the or-
gani7.atioo of the general assembly 7, report of 7.
On"part of senate to wait on the Governor'and inform him that
the general assembly are ready'to adjourn, 304, joined on part
house of rep 305.
■:hb Howell—appointed commissioner to rent out reserves In nous-
ton county, 298 and 9, cone in 305.
'tiiU'ell Matthew—ippoicted road commissioner SI, resolution a-
greed to 39, cone in 144. approved 153.
"gtfiptroll&r generals-statement of presented and ref'd 33.
'Report relating to the attorney general ref'd, 52.
Further report of, on same subject 74.
'jjhb R4ph—order for delivery of his papers, 41.
irawfor&villc—Vit! reported instanter to incorporate the town of
58, r2t 66, St and passed ICO, pa?seel house of rep 293, en 309.
)rocket Patsey and E!bs~-hi;i of the house of rep. to divorce 86,
r2t, 91, 3t and p sir.d 127, enrolled, 141.
Columbia county—bill of the house of rep. to alter the time of held-
ing the courts in 86 r2? 91, 3d time and passed 135, reconsi-
dered 137, passed 143, enrolled 188.
Bill of the house of »ep. establishing an additional election dis~
trict in 168, r2t 139, proceedings on 203, Stand passed 244,
enrolled 273. *
Convention—bill reported to provide for calling of to amend the con-
stitution, 228, 232.
Re oiution providing for, 229. agreed to 258, cone in 302, reso-
luttpn for publication of, 307, cone in 308.
Cook Benjamin—res in favor of 258, cone in 283.
Columbia county-- bill of the house of rep authorising the trustees
of the acaderayof, to convey certain real estate, 258, rlt 267,
3i; and passed 277,enrolled 295.
Chatham county- bill of the house of rep. for the relief of the jus-
tices of the peace of, r3t and passed, 278.
Canal company -bill reported to incorporate the Savannah, Ogee-
elm, and Afatair.aha, 63, ordered to be printed 63, r2t 75,
r3t and passed 108, passed house of rep 292. enrolled 210.
Central bill reported to repeal the act to lay out through this
State 88, r2t 95.
Church - Independent Presbyterian in St. Mary's 95.
Bill reported to incorporate 87, r2t 95, r3t and passed 105.
Conveyances - bill of house of rep. relating to, by feme coverts, 152,
r2t 181, 3t and passed 245 to 247, enrolled 296,
Chattahoochie circuit—resolution for the election of a judge and so-
licitor of the 225, agreed to 252, cone in 239, approved 241.
Colquitt Walter T—elected judge of the Chattahoochie circuit 241.
Coward Z ichariah—resolution appointing him a commissioner of
Early county academy, 525, cone in 500 and I.
ftarnjdl Henry—Elected messenger of senate, 44,
"^solution in favor of 101, cone in 144, approved 153-
348
JDawson William €—clerk of th« house of rep. 6.
Burrence Joseph—petition of referred 20, hill reported 54, r2tfi
3t and passed 66, passed house of rep. 293, enrolled 296. *
Boolittle Alfred--petition of read and ref26, bill reported 43, r
49, negatived 151.
Motion to reconsider negativcdLl54.
Dyer Thomas administrators of—Resolution of the house of repr
sentatives in favor of 292, disagreed to 503.
Dudley James—petition of ref 28. bill reported 52, rst 60, at as
passed 66.
pelk Joseph—petition of ref 195, report on 225, cone in 301.
£:tke Joseph and Jane—notice for com to report bill »o separatea&
•divorce 32, com appointed 68,
Pill reported 70, rst 76, 3t and passed 109, passed house of rep,
239, enrolled 309.
£ssnz Mm ian and Gcgrge W— bill reported instanter to divorce
> ? ^ ate so, est'44, St and passed 57, passed bouse «f rep. 281
Willed 297. \ ■ I
Z^vfo-rr ;V.nrhies—notice for ccm to prepare bill to make provision
■»r com ♦-pointed 47.
ink oi toe house of rep on sanje subject, 251, rst 261, St ao$
passed 186, enrol!3d 303.
»Vote-~This act was through mistake omitted to be signed by the
President of ©orate until after the adjournment of the legislature,
end consequently hm not become a lav/.
Body con n .y—petition of citizens of to add part of to Pulaski reL
42, bill reported 67, rst 60, proceedings or 72, St and pass 8Sr
passed house of rep 294> en 503.
Notice for com to report hill to repeal the election district sys-
tern in, and also to fix on site of public buildings in 4*3; coat,'
appointed 52, bill reported 59. rat 66, Stand passed 108,pass*
ed house of rep 500, enrolled 508.
JX'c&lur county—bill reported concerning the poor school and adfc*
domical fund of 158, rst 161, 3; and passed 179, passed house
of lep 294, eprolled 307.
Edtfjeatior-m-public and free schools, com oh appointed 17, joined on
part 01 die house of rep. 25, reference to 67, reports to the
Senates Academicus ref 68, reference to 109-110, report of
com from house of rep :>02, cone in 502.
EmraUment—corn on appointed 17..joined on part oi h. c.f rep. "26.
MitcSims—com on arid privileges appointed '17.
Mem 1« bring- on attach-? 88, cone in '-vith amea'tlt 36, anaen'djt
agreed to S7, approved; by the Gov 40.
Fee the election of a brroa-iler genera' 249, cone' in 263, ap 263,
JSorlf county—notice for com to report bill to repeal the act laying,
off election distJk-.es in. -32. bill reported 32, r2t 44, Si and
passed with .amended caption passed house of rep 28!, en
284, assented to 288. *
RiVi reported to make permanent the site of the public buildings
la €svrS'- 71,SIStod .passed 149., passed h. of rep 300, en 308.
JSSsgrf county—petition of su .',«.*«• citizens of ref 52, report on 79*
amended and agreed to i 59.
BSIoT thebetweofrep re!at|Cg the rotxdlawssf 15S,r2fc 1M
Stand passed 139, on 254. . •
liill of the house of rep to establish and fir the name of iha fee.
male academy in, and incorporate the same 259, r2f $66, St &
passed 277, en 295.
Samuel—bill or the house cf rep for the relief of 76, r2t 85,
Stand passed 125,-en. 141.
trays—bill of the house of rep to Emend the laws relating to 251.
Bill of the house of rep to amend the several laws relating to
270, postponed 276.
.cecutora—bill of the house of rep further defining the duties of 86,
Iran William—petition of ref 94. report on agreed to 19tr.
{[lid Thomas—petmonof ref 132.
Tnianuel county—bill of the house of rep relating to election districts
in 154, r2t 181, 3tand passed 189, en 235.
tfidence—bill of the house of rep to admit certain documents as 2$S,
r2t 267,3t and passed 277, en 296.
'inan'ce—com on appointed 17, part of governor's communication
ref to 18, reference to on subject of reducing interest 16, re-
port on 161, committee joined on part of the house of rep 25,
reference to with respect co the better security of the money
in 53, report on 160, report on the condition of the comptroller
-general's office 195, agreed to 236, report on the condition of
the sta&e of the treasury agreed to 255, cone in 302.
fractional surveys—notice for com to report bill for the relief nf pur-
I chasers of 27, com appointed 33, bill reported 64 r2l71, rSt
J and massed 111, passed by the house of rep 270, eu 270, ap 270
"finances of the State—reso of the house of rep requiring the treas-
erer and comptroller to make a report to the next legislature
relating io 240, cone in 252.
Wraction No 24i, 5th district Monroe county—notice for com to re-
pert bill to sell 35, bill reported 42, r2t 49, St and passed 55,
passed house of rep 281, en 284, assented to 287.
|Fraiherston Edward—elected brigadier general 40.
'Pinky Hiley and Mary-- bill reported to divorce 42, r2fc 47, 3t and
passed 92, passed house ef rep 300, en 309.
Fulton Hamilton, chief engineer—reso. laid on the table to remove
him from office 265, laid on the table balance of session 285.
FHni Circuit—notice for com to report bill to alter the time of hold5
ing of 77, conrHpp' * ted-?3, bill reported 98, rf.t 101, 3t and
passed 106 {see southern circuit. 296.)
Ferry—notice for corn to report bill to establish one in Dooly co. 43,
bill reported 98, r2t 102, St and passed K«7, passed beuse of
rep 300, eu 307.
'Favor Isaiah—reso. of the bouse ef rep for the relief of conc.
in 302.
Mint river—notice for committee to report bill to keen open a4 ce;
tain seasons 58, com appointed jfe, b3w reported 93, iSt 96, Si
"and passed 165,,passed house of rep 300, en 309.
Franklin county—bill of the house of rep authorising the inf. court
of to levy a tax 86, t2t 90, 3t and passed 96, en 134.
Flippin Elizabeth and William—bill rep to divorce 101, r2t loG.
FbaauUnt draws—bill repqrted to sell the state's interest in UO,
r2t 115, St and passed 151, passed house of rep 3C6, en. 308*
350
T'Uvjd Ave si and John 'Rolen—petition of ref 128, bill reported ij
r2t 149, postponed 232.
Fannin James W Jr.—bill rep rted for relief of 214, postp. 232.|
Glynn county—no-Lice for com to report bill to alter the road laws
6, com appointed 18, bill reported 34, rst 44, 3t and ptgj
56, passed house of rep 281, en 284, assented to 288. 1
Reso. to purchase 6 copies of the Georgia Justice for agreed
143, cone in 301.
grants—nOtice for com to report bill to prolong the time for taki
out in the lotteries of 1818, and 1821 6, com appointed 18,i
reported 21, rst 29.
Bill of the house of rep ro reduce the price of, and extendi
time of taking out 76, rst 83, 3t and passed 112, en 134,
Governor—communication of at the opening of the session 6 to:
referred 18, relating to respite of White and Gallagher J
relative te certain portraits 24, on the subject of executive!
pointments and statement of warrants 24, relating to the ll
district of Irwin 26, notifying the resignation of Genera!
Blackshear and Cleveland 25, relating to Joseph Y. Bev
referred 45, on subject of the late acquired territory 105,
subject of surveyors 152, coveting letter of the secretary!
War 160, transmitting information from the War l)epartsae|
223 and 4, relative to Indian depredations 245, notifying t?
resignation of Gea Colquitt 249, enclosing report of com'
of Tugalo and Oconee rivers 253, on subject of Indian hostil
ties 273, resolution relative to Indian hostilities 283.
Gallmaa John C—petition of ret 20, bill reported 52, rst 61, pi
ceedings on 96, rSt and passed 132.
Gallagher Hugh—communication of the Gov. relating to the reap
of 23, ref 24, bill reported to pardon 57, rst 61, proceeds
on 67, i3t and passed 68, passed by house of rep 97, en S
assented to 100.
Gordon Zxchariah H.—notice' for com to report bill authorising hi
to establish a ferry 42, com appointed 98, hilt re ported 98, j
101, st and passed 107.
Gorham Mary and Thomas—bdl of the house cf rep to divorce 1<
rst 189, 3fc and passed 202, en 234.
Grantham Natham—petition of ruf 94. report 236, agreed to 271.
Georgia Justices—reso proposed for distribution of 151, agreed
159, cone in 301. " '•
Gwinnett county—bill of the house of rep to estab'nh free ceteris
168, rst 189, St and passed 291, en 297.
Green Wm Dr—elected inspector cf- the penitentiary 254,
flansdl Wm Y—elected secretary cf the senate 4, vo>-e of approfes
tioo of senate 303. ;
Hudson I,-by--elscled speaker of the house of rep 6,
Molt Thaddeus G—elected brigadier generu 40
Iligginbotham Elizabeth—petiLioo of rtf 46, bill reported 51, rst 6
'st and passed 66, passed house of rop 293. on 310
Houston county—pet of citizens of the 5lli district of ref 69
Bill reported to appoint trustees of the poor school fund in I"
70, rst 74,3t aud passed 8-3, passed house of rep 293, en 3fi
County—petition of citizens of praying the formation of ant
county ref S3, bill reported 95, rst 102, postponed 179. I
351
Jai'aes—pet of ref 76, report on 32, agreed to 90, cone in by h.
of rep 100, approved 222.
.'fiarralson Herndon—petition of ref 14!, bill for his relief reported
143, rst 183, disagreed to 166.
/Jenny county—bill of the house of rep concerning election districts
in 133, rst 181, St and passed 189, en 235.
Petition of the trustees of the academy of 168, report en 187,
bill in lieu of, for the encouragement el education m this state
200, rst 215.
Malt Mines—proceedings relative to 243, rccon 248, ref to a com 251,
report elating to agreed to 257.
Hall Henrr T and Sarah—bill of the house of rep for the relief or.,
259, rst 266, St and passed 277, en 290.
'Indorse?*---notice for com to report bill to define the liabilities of'6.
com appointed 21, bill reported 34, rat 44, proceedings on 56
and 37, 3t and passed 157, passed house of rep 304, en 310,
Internal Improvement—com on appointed 17, joined oa part of the
house of rep 25, report of 226, agreed to 272.
Hdians—MiW cf the h. of rep to prevent their testimony from bei%
received in courts of justice 267, r3t and passed 277, en 296.
Irwin county—report oa the subject of the survey of the 11th dist. of
agreed to 80, cone in 144, ap 222.
tteso. of the house of rep relating to the survey of the 10th dist.
290 1 2, cone in 302.
Index Book—com appointed to enquire into the expediency of in the
Secretary of State's and Surveyor-Gener&i'e offices 93.
fngersoll Stephen M—notice for coin to report bill to authorise him to
erect a bridge over Chattahooehie river 143, com appoint. 152,
bill reported 188, rst 200, disagreed to 233.
Indian expedition—resoof the house of rep authorising the gov. to
appoint an officer to command 282, cone in 281.
Jurors grand arid pettit— notice for com to prepare bill to provide
foe the compensation of, 5, corn on part of senate appointed 19
joined on part of house cf rep 36.
Judiciary-"com on appointed 17, reference to on subject of courts of
ordinary, executors, 22, com joined on part of the house
of rep 26, report of agreed to 122, ref to 72, ref to 101, report
of laid on table, 122, reference to 89, report of laid on the ta-
hie 122, ret to 98, report agreed to 159, ref to 141, report of
agreed to 197,198, and 199, tepoi t of238, com discharged 241«
Journal - coin on appointed 17, report of agreed .to 303.
■Johns Li:th berry-- petition of' ref 26 (see Alfred Doolittle page 41,)
and 151.
James Jan es- bill reported insiantcr to alter name of 31, rst 44, r3t
and* passed 56, passed house of rep 301.
Sarrell J antes A—bit* reported insfaoter to alter name of 34, rst 44,
Stand passed 56, passed house of rep. 281, en 284, assent. 288.
Judiciary--notice for com to rept. bill to alter, so far as respects jus-
tices court, 37, com appointed 42, bill rept'd 47, rst 55, 3tand
pissed 62.
Bill to amend the 3d sec of, passed in 1819, as respects justices
of the peace, rept'd instanter 54, rst time 61, laid on table bal-
ance ot the session, 104.
Jones Solomon—notice for com to rep. bill to change ih^e name of
352
,<0* e.os»» appointed 46, bill rep 47, .rst. 84, St. and passed
passed house of rep 281, en 284,, assented to 288.
Richard - petition in favor of rvf 141.
Harrison-elected brigadier general 264,
Vac kson-'-Unfti of in Butts county>--bilJ reported to make .permanent
the site of. 59, :st 66. St and passed 72,. passed house of fep.
294, en 407.
General Andrew -Resolution of the house of rpp. recnmmt ud*
ing him as a candidate for president of theU. S. 238, sebstK
tute proposed 252, cone in 259,260, protest of minority 265.
Jurisdiction ---Bill reported to extend over Indian. territory within
; the chartered -Ian its of Georgia 94, 4i9, rst 123 and 165, x
Report relative to the exercise of 122.
Bill reported ceding to the U. S. t» apiece of ground neayAu-
gusta 160. rst 179. 3t and passed 189, passed licttoe of rep 281
enrolled 308. . ,
Jones county-.-petition of eiiw."-*-s of praying an election district in
rv,f 143jiHl rep 152, ,rsi 155, St and passed 165, passr * house
cf rep 3i)4, enrolled 307.
Jenkins Chr-les € --Resolution for the relief or 155, cone b I9fc
approved -222.
Jefferson county- -fall of house of rep to hy of!" election districts in
259, rst 266, 3t and passed 277, enrolled 295.
JSkener ^ohn—Resolution of the house of rep for the relief oi 76,
C'>ec in 79.
J&mbrmigk /whn--petition of ref 105, bill for relief cf reported l$&
r&t 158, 3: ?nd pasflitd 151.
Kenan Lewie H ■ vii.dir.ary store keener— report of read and ref 109
rep. of com on 236. cone in 251.
Thomas II- elected inspector o'\ the penitentiary, 264.
ICimberltf Anson--proceedings relative.. to the publication of a cer*
tain private I f?er of (o \l!en J3. Powell, Esq. 167, 168, rep.
on 184.
Extract of the journal of senate. 190..
Further matter'concerning of 191, 3. 3, and 4, 204 to 215 in*
elusive.
Lnivndes county—notice for c m to report bill relating to the taxes of
17, com appointed 28. Li'.' reported £9, rst 84, passed 45, pass-
ed house of rep 293. en 309.
Rill reported to appoint 6 unties- of the poor school fund in 86,
rst 9.1, St and passed 126, passed house of rep 300, en 3i0
Bill reported inst. to lay oil" militia districts in 42, rst 49, Sraad
passed 55, passed house of rep 281, en 284, assented to 288.
Bill reported to add part of to Thomas county 80, rst 83, St &
passed SI, passed house of rep 284', en 309.
Bill reported to alter the dare of holding the inf. court in 101,
rst 106, 3t and passed 115, passed house of rep 300, en 309.
land lottery—notice For com- to report bill to amend the acts relat-
ing to 27, bill reported 57, rst 44, proceedings on 56, 67.
Bill of the house of rep. on same subject 76, rst 83, 3t and pa9
with amendments 118, recon 120,. passed with amend'ts i48t ,
house of rep disagree to said amend'ts 169, proceedings on i&f4
gcifate 182, senate rccon 16?, recede and cone 183, en 234,
833
Notice for com to report bill to alter with respect t(f illegitinistc
children 29, corn appointed 33, 301.
Bill of the house of rep to alter the 8th section of the act of 9Iji
June ?825 259, rst 266. 3t and passed 277.
Notice for com to report bill to repeal the 12th sec of the act of
June 1825 48 com appointed 54, bill reported 58, rst 66, 3t
and passed 103, recon 107*, recooi 107, r3t and passed 139,
passed house of rep 300, en 308.
Bill reported supplemental to and explanatory of the act of the
present session 234, rst 239, 3t and passed 244, passed house
of rep 306.
Land acta-* bill of the house of rep to amend and continue in force,
as respects vacant and lands surveyed on head rights and
bounty warrants 49, rst 60,3iand passed 75. en 134.
Lynch Lewis—bill of the house of rep. for the relief of 243, rst 261,
3t and passed 268, en 297.
Lottery—bill of the house of rep to raise money by to erect mofiii-,
meats to the memories of Greene and Pulaski 37, rst 44, 3t
and passed 72, en 134
BiU of the house of rep to s a'.se money by for the benefit of jEp-
tonton academy passed 70, en 133.
Bill of the house of rep authorising a lottery for Wrightsboro*
academy 193, rst 181,3t and passed 253, en 273.
JLawkon Allen—elected brigadier general 299.
Laue Garland—bill reported for the relief of 81, rst 83, 3t and passed
91.
Laws, revised code of—report on th-J subject of 198, bill to provide
for reported 200, rst 215, 3t and passed 233.
Locust Grove—bill to incorporate the Roman Catholic Church at 64,
rst 71, Stand passed 75, passed house of rep £81, en 284, ass to 288.
Long Joseph P.—bill of the house of rep to change the name of 133,
rst 181, negatived 190.
Lexington—bill of house of rep to repeal the acts for the regulation
of 259, rst 266, 3t and passed 277, en 295.
Liberty county—reso authorising the governor to send Geerfia Jus-
tices to the justices of the inferior court of 51, cone in 144,
approved 153
Bill of the house of rep to regulate electionsln 85, rst 96,3t and
passed 158, enrolled 235.
Bill of the house of rep to regulate merchants and shop keepers
in 251, rst 261, 3t and passed 268, en 296
Bill of the house of rep to regulate battaiioa musters in 251, rsi
261, 3t and passed 221, en 297.
Ledbetter Daniel—-petition of ref 54, report on 100, order to deliver
papers of 304.
Idmbert Catharine Procter-—reso of bouse of rep in favor of 86,dzs^
agreed to 283.
Law—-bill of the house of rep allowing certain persons to plead and
practice 63^ rat 72, 3t $nd passed 108, en 141.
Lfiws dnd Journals--reso of the house of rep to furnish members with
306, cone in 256. -V
Mines and minerals -nonce for com to report bill to repeal the act
reserving the same to the state 5, coin appointed 19, bill re-.
Sen.
ported 34, r2l 44, proceedings on £6.
Military—com en appointed 17, joined on part of the house of rep
28; reference to 53 aqd 74, report of cone 302.
Money—com appointed to open package of in the treasury 307, re-
port of 3i;7.
Mortgages—nouce for com to report bill to amend the Jaw relating
to on real estates 20, com appointed 32, bill reported 89, r2t
95, 3t and passed 133, passed house of rep 300, en 309.
Militia—reso ot the house of rep relating to the better organization
of 289, 90, postponed 252.
Montgomery county—notice tor com to report bill to change the time
of holding the superioj court in 31, com appointed 47, bill re-
ported b3, r2t 60, St and passed 66, passed house of rep 304.,
enrolled 308.
Academy—comrs of appointed 241, cone in 302.
Maps—reso laid on the fable for the purchase of four of Sturge's 41,
disagreed to 63, re?<> laid on fable for purchase of five of Fin-
lev's of the U. S. 2x.D, disagreed to 243.
McLeod Murdock—reso relative to the bond of 70, cone in by house
of rep 301.
Moon Anna and James-—bill of the house of rep to divorce 36, r2t
90, 3t and passed 97, en 134.
Macon—-bill reported to authorise a further sale of lots id the town
of &x. 97, r2t 102, Stand passed 150, passed house of rep.
277, en 308.
Iteso concemi'2 the removal of the seat of government to, nega-
tived 250.
Dill of the house of rep for the benefit of the meihodist church
in 259, i2t 266; 3t and passed 277,'en 296.
JiIillecIgeviUe~h\i! reported to amend the act > f incorporation of 77,
r2t S3, Stand passed 91, passed house of rep 305, en 307.
Bill of the house of rep to raise by lottery gl5,G0Q to erect ma-
sonic hail in 258, r2t 266, 3t and passed 277, en 295.
Mcintosh Genera! John—his death announced and proceedings there-
upon 31, proceedings of the house of rep thereon 86.
Mtitan Ethan—bill of the house of rep for the relief of 263, r2t 207,,
3t and passed 278, en 296.
Meads ;\.icx <nder—bill of the house of rep to change the name of
• 85 • 2''- 91, 3t and passed 96, en 135.
McCall Henry—petition of ref 99, report on 132.
Melson Susannah ami Elijah—bill reported to divorce 101, t2t f06,
3: and pa sed 115. passed house of rep £93, en 308.
Military discipline—reso of the house of rep authorising the Gov.
to purchase & distribute certain books relating to cone in 119.
Macon town of—bid ot the house of rep to preserve the limber in the •
vicinity of 259, r2t 266, 3c and passed 277, en 297.
Bill of the house of rep to incur churches in 259, r2t 266, St and
passed 277, en 296.
JSlehol John C,—elected Judge of the court of Oyer and Terminer ^
of the city of Savannah 40.
Names of persons—bill of the house of rers tc change and legitimate
48, ,2 60, 3t and passed 67, en 31, 300 9.
gfewton county—petition of citizens 'cf praying a lottery t® raise,
855
money to erect bridges ref 53, bill reported 6$, r2t 71, 3t and
passed 107.
Petition of citizens of praying to be added to the county of De
Kalb ref 69, biii reported 74,121 80, 3t and passed 84, passed
house of rep 294, en 309.
Navigation—re«o of the house of rep relating to Savannah and Tu-
galo rivers 76, cone in 79.
Bill of the house of rep to nrovide for the improvement of on
certain rivers 243, r2t 243, 3: and passed 269, com of confer,
appointed on 250, joined on part <1f senate 252, :eport of com
of confer, agreed to by house of rep 301, cone in 305, en 308.
«*forman flannah and Sherwood--.bill of th» house of rep to divorce
. 168, r21 t89, St and passed 201, en 234.
Oglethorpe county—petition of sundry citizens of ref 27.
Biil to add part of to Madison 31, r2c 44, 2c and p^s-od 50.
Ordinary conrts of—notice for com to prepare ami report a bill to
regulate proceedings-of 87, com appointed 98, bill reported
128, r2t. 1.38, neg 161.
Oliver Wm W.—-reso of the house of rep for the relief of 144, conc.
in 152.
Orphans—bill of the house of rep to amend the acts relating to so
far as respects Burke county 163, rgt 189, Stand passed 234,
enrolled 295.
SiU of the house of rep to amend acts relating to 198, r2t 233,
3t and passed 202, en 284.
Biil of the house of rep amendatory of the 1st sec. of the act of
1816, relating to 196, r2t 233, Stand passed 262, en 244.
Oconee river—reso of the house of rep requiring the engineer to make
exam, of part ot 238, conc in 252.
Public works—-notice for com to rep lull to repeal the act creating
the board of 5, com appointed 42, bill rep 54, rst 61. St and
passed with amended caption 121, passed house of rep 304,
enrolled 307.
Palmer Elizabeth and Elisha--notice for com to rep biii to divorce
6, cum appointed 19, biil reported 26, rst 34, 3t and passed
50, passed house of rep 300, en 309.
Penitentiary-'-committee on appointed 17, joined on part of the house
of rep 26.
Reference to concerning escapes, 2j7.
Report on 272.
System, resolution referring it to the people-, 22, read again and.
amended. 33, read and substitute uTertd 48, negatived 132.
Report of the principal keeper of, rei 82, 200 copies ordered to
be printed 82,
Petitions—-committee on appointed 17, ref to 303.
Printing— committee on appointed 17, joined on part of house of
rep 26, ref. to 40, rep concerning the public printing 199 200.
Report on printing laws and journals 215, agreed to 257, con-
curred in 302.
Poindexter Jinney—petition of referred, SI, bill reported 73, rst
30, 31.arid passed 84, pissed house of rep. 294, enrolled 310.
J'alien George -a ppointed com of certain river 85, concurred in 144
approved 153.
&50
Phillips Jonathan—bsil of the house of rep. authorising him to es->
tablish a ferry, 59, rst 60, St and passed 67,en 81.
.Penal code—bill reported to repeal the 9th sec of the 9th division
of the, 64, rst 71, laid on table balance of the session 102, re-
considered 106, negatived 138.
Bill reported to amend with regard to costs on indictments, 137j
rst 138,3t and passed 166, passed house of rep 306 en 307.
Penitentiary -Re.port of the inspectors of ref 89.
Resolution for the election of officers of 160, rec 167, amended
and agreed to 185 and £59
2?ill of thehou-eof rep r,o reduce the salaries of the principal
keeper and physician of 229, rst 233, negatived 254.
Rill of house of r ep defining the mode of proving accounts due
to, 259, rst 266,3t and passed 277, en 296.
Phillips Ehjah-- bill reported authorising him build a bridge 152,
rst 155, Stand passed 165, passed house7>f rep 300,en 308.
Penal code—-bill of the house of rep to amend with regard tovoluB-
tary manslaughter 238,juned 262.
Physicians- - notice for com to report bill to exempt from military;*'
duty 64, com appelated 69.
Portraits - Resolution authorising the Governor to have them cov-
ered, 80, cone in 144,approved 153.
Pierce Dr. Rovick--Resolution of the house of representatives for
the relief of 86, cone in 86.
Public works - report ot the com. on the report of the hoard of 87.'
.Printer- -bill r«ported for the appointment &c. of a public printer
93, rst 95, 3t and passed 135, reconsidered 137, recommitted
142, laid on the tablfe balance of the session, 156.
Parker G. R -hill of the house of rep to appropriate money for Itcf
rst 119 3t and passed 135, enrolled 152.
Poor school fund- -bill reported to amend the acts relating to the,
149, rst 155,3t 165, passed house of rep 293, enrolled 297.
Bill of the house of rep relating to in Franklin county, rst 26S
3? and passed 277, eh 295.
Powelton academy-—new system of education proposed by 253.
Peni enliary—resolution of t: e house of rep prohibiting persona
going into, 292, disagreed to 303.
Pules ■ J if government of senate adopted, 5, motion to amend 63.
Rogers George T —appointed corn of pilotage for Rarmn. 27, cone
in by house ot rep 36-
•Colin*—petition o> ref 166, bill rep on 108, rst 189, po^t. 232.
llabun county---petition of ctozens of praying a transfer of the a-
cadcrny fund of ret'd. 28. bill rep 63, rst 50, 3t and passed 66,
passed house of rep 298, enrolled 310
Resolution authorising tut purchase of Georgia justices for 154,
cone in 30i.
John VV- bill rep to admit him to practice law 149, rst 155, 3t
and passed 165, passed house of top 301,en 307
Reporter of debates—pi esident authorised to assign a seat to 32.
May John and Mary—bill rep 'to divorce 48, ist 55, 3c and passed
6S. passed hon»e of rep 231, en 296
Revolutionary soldier,*—bill for the relief of &c. rep. §8, rst 6©,
proceedings m 84. '■ ■
Rudolph Sebulcn and Eliza—notice for com to rep biU to divorce G9>
coni appointed 64, bill rep TO. rst-75, negatived 108, teconsid-
ered 111, £t and passed 238.
Richmond county—bill of the house of rep relating to the com pen-
sationof petit jurors of 75, rst 83,3t and passed 156, en 188.
Bill reported concerning the repairs of the roads in 141, rst 1.4*9
St and passed 156, passed house of rep 300. en 3^8.
Reserves and fractions—resolution laid on the table for the appoint*
ment of a person to take possession of 78.
Mcintosh—bill of the house of rep to dispose of the 263, rst
267, postponed 285.
Resolution appointing commissioners to rent out 398, 299, con-
curred in 304
Hose William—bill of house ~f rep to make him the legal heir of
Thomas G Rose 133, rst 131, 3t and passed 1?0, en 235.
Mees Benjamin T. and Talbot S—bill of fhe house of rep for the re-
lief of 144, rst 180, 3t and passed 201, en £34
Reid Robert R—elected judge of the court of common pleas of the
city of Augusta, 299
Rivers southern—report of the com'rs of rePd 122, rep of the com.
on 226, agreed to £72.
Road laws—bill of the house of rep to amend 196* rst 233, 3t aid
passed 262, en 284.
Bill of the house of rep to amend so far as relates to the coun-
ties of Franklin and others, 251, rst ?i>2, 3t and passed 279,
enrolled 296.
Relief—bill of the house of rep to extend to purchasers of lots of
land in the counties ol Bibb, Houston and others, 3t and pass'
268, en 296
Reynolds Levi—bill of the house of rep for the relief of 359, rst
266, 3 and passed 278. enrolled 296.
Bonds—Repori of the commissioners to open road from Locust
Stake to the Currohee mountain, ref 22£,
Report on agreed to 286, cone in §04/
Stocks Thomas—elected president of senate 4 vote cf thanks 303,
Smith Green W—elected door-keeper of senate 4.
Sheriffs-— notice tor com to prepare bill defining the duties of in
certain cases 6 com appointed 21, bill rep 47, r2t 55, procee-
dings on 62, disagreed to 92.
St. Mary's—notice for com to report bill amending the acts incor-
porating of 16, cdtn appointed 31, bill rep 34 rst 4.3,. 31 and
passed 49, passed house of rep 293. en 309.
Petition of citizens of ref 74. *
State of the Republic—com on the appointed 17, joined on part of
the house of rep 25, ref to on the subject of Cherokee land»
27, report approved 153, ref proposed op subject of jurisdic-
lion, 74, ref with regai d to the conduct of the president of the
U. S. proposed 79, amended and agreed to 62, cone, in 251,
com discharged 235.
Report of from the house of rep relating to Indian depredations
241, cone in 252 and £82,
Sampler Sarah—petition of ref SI, bill for relief of rep!.36, rst 44*
postponed 232, * '
338
Screven Maj. John—petition of read and ref 23, rep on 59^ proree-
dings on 94, amended and disagre- rj to 114, reconsidered 120,
report amended and agreed to 237.
■Snyre Nathan C—elected sol gen northern circuit 40.
Strickland's reports—res laid on the table for the purchase of 4'1?
l ead and disagreed to 64.
St. FaaVs church—bill of the house of representatives vesting cer-
tain powers in the wardens and vestry men of £69, rst 26(>,
St and passed 277, en 297.
Styles Joseph—memorial of ref 73, bill rep 118, i2i 123, laid on to-
ble balance session 150, motion to reconsider negatived 154,
Smith capt. James—resolution of the hbuse of rep in favor ol 110,
■State of the republic—report of the com on the subject ot the Che-
rokee lands, 112, agreed to 114, cenc in 144.
Report of on the subject of the late treaties with the Creek In-
dians 171 to 179, 480 copies of ordered to be printed, 179, a-
greed to 237 and 8, cone in 258, report on the distressed situ-
ation of the friendly Indians, 274, cone in 502, report on the
subject of boundary, 275.
Salaries—notice for com to report bill to equalize of sec of state,
trcasu. er, ike. 41,com appointed 48, bill rep 52, rst, 61, 3t and
passed 224, passed house of rep 300, enrolled 308.
Savannah—memorial of the justices of the peace of ref 41.
River—bill of the !uume of rep to appropriate money for the
improvement of the navigation of 229, rst 233, 3? and passed
253, enrol lea 273.
Uill of the house of representatives with respect to encroach-
merits on 238, rst 261, Si, and passed -268, enrolled 297.
Siurges Susan—petition of presented sod ret 74, u p 78, agreed 128,
Secretary of Senate—authorised to employ additional clerk, 151.
authorised to employ additional clerks, 225, ordered to carryall
matters acted on forthwith to the house of r«"p 273.
State house officers—resolution relating to certain duties cf 256 and
7, cone in S02 and SOS,
Solicitors general—fesoluu«;n 'relating to 257, cone 501.
Slaves—bill of the house of rep supplementary to the acts prescri-
bing the mode of manumitting of 169, rst 189, .* 3: and passed,
253, enrolled 273.
Sparta academy—bili of house of rep authorising a l . :':':ery %
benefit of 239, rst 266, rSt and'passed 277, <;.m = 295. •
Securities—bill oi the house cf rep for the prbfceUwn'a 196, r$_
233,31 and passed 263, enrobed 284.
tjchley's digest—resolution ot house of rep ai'taoiising the Gov,, to,
furnish copies of to certain •tlicers 304, cone in 305.
Southern circuit—bill of the house of rep to alter the times of hold-
ing the courts in 196, rst 233, rSt and passed 253, reconsider-
eb 256, paesed 258. enrolled £96.
Territory late acquired—notice for com to prepare bili to rent out
improvements in 17, com appointed 30, bid reported 65^ i2t
71, 3l and passed 107, re con 111, i3i and passed 139, passed
house of rep 270, en 308.
Bill of the bouse of rep to organise the lately acquired 1.69, r2-t
189, St and Passed 22-2. en 235.
359
'Treasurer—report of received and ref 39, [see page 312, &c]
Tax collectors—notice for com to report but to repeal an act further
definining the dkui-s of 8", com appointed 94, odi reported 98y
i2t 102, Stand passed 139, bill of the house of rep on same
subject 163,. r2t 188, Stand passed 168,en 235. ^
Bill of the house of rep to raise a tax for 1827 143, r2t 189, 3i
and passed 217, en 273.
Thanksgiving—reso requesting the governor to set apart a day ef, &
prayer 89, cone iu 144, ap 153.
Jhurmond Daviu—petition ol ref 69, report on agreed t© 196.
Tarver Ellsha—petition of ref 225, report on 2g5, cone in 302.
Turnpike road—bill of the house of rep to raise by lottery a sum to
establish one from Athens to Augusta 251, r2t 261,3t and pasd
279, en 296.
Tugalb river—-report of the com on the report of comh s 280.
k/nacoi turnpike company—reso for the collection of money loaned
to 285, cone in 304
ifnited Slates—-proposition laid on the table to amend the constitution
of 119—reports relating to propased amend'tsof the consli-
tution 131—-reso of the house ul rep relating to amend'ts of
the const, of £92, cone in unanimously 302.
Vacancies--notice for com to report a bill prescribing the mode of
filling of with county ©Steers 21, com appointed 29, bill rep'td
29, i2i44, 3t and passed 57, passed house of rep 301.
%reridue masters—bill of the house of rep concerning the appointment
of in Augusta 134, r£t 181-, 3t a.'d passed 253, en 274
Upson eounty—reso relating to the renting of reserves in 162, agreed
to 203, cone in 254.
Reso. relative to a reserve in 191.
Unfinished business—com appointed to see it brought up 243, com ap
by house of rep 301, cone in 302.
Wade James, free nm n of colour—reso in favor of from house of rep.
253, cone in 283.
White Levi—communication, of the Gov. relating to the respite of 23,
ref 24, bill to pardon reported 31, r2t 40, passed 45, passed.by
house of rep. 97, en 95, assented to 100.
Wood Eltsha—reso of the house of rep in favor of theadmr's of 229,
cone in 285.
"Widoivs—notice for com to report bill relative to the cath of in giving
in for draws in the land lottery 39, com appointed 47. bill re-
ported 94, r2t 95, negatived 157, recon l69, passed 180.
Warren county—bill of the house of rep. concernin g election dists.
in 259, r2t 266, St and pissed 277, en 297.
Wilkes county—bill teported instanter to lay oil" election districts in
41, r2L 49, 3t and passed 55, passed house of top 238, en 242.
Wells Thomas F.—reso of the house ol rep relating to 238, cone, in
252.
Widows—bill reported to define the dower of 64, r2t 80, proceedings
on 124.
Washington county—petition of citizens of praying to be added to
Baldwin 77, bill reported 97, r£t 101, St and passed 106, pasd
house of rep, 294, enrolled 310.