EriORY UNIVERSITY 010000767739 JOURNAL OA' S HMS OF THE STATE OF GEORGIA. AT AN ANNUAL SESSION °* 9 THE GENERAL ASSEMBLY, BEGUN AND HELD AT jVlILLRDGEVILLE, THE SEAT OP GOVERNMENT, IN NOVEMBER AND DECEMBER, 1824. AIILLEDGEVILLE: tlij *v * fFIXTED ■' '">AK & RAGLAND. JOURNAL 'Or 3KIEB SISSIES of the STATE OF GEORGIA, At an annual session of the General Assembl y begun and held at idle Staie-iiou-*e in the town of .Milledgeville, on Monday the first day of November 1824, the following members from their several counties attended, and the hon. David Blackshear chosen as Chair- tnati, having taken his seat, they produced their credentials, and were severally sworn agreeably to the Constitution of this state, and to support that of the United States, by Harris Allen, Esq. one of the Justices of the Inferior Court of Baldwin county, and took their seats, to-wit. Fuom the coun'y of Hall, the hon. Fleming F Adrian. From the county of Elbert, the hon. Beverly Alien. From the county of Liberty, the hon. Wm. W. Baker. From the county of Wilkinson, the hon Samuel Beall. From the county of Laurens, the hon. David Blackshear. From the county of Crawford, the hon. John Blackstone. < From the county of Baldwin, the hon. Jaiqes Bozeman. From the county of Decatur, the lion. James Brown. From the county of Hancock, the hon. Epps Brown. From the county of Jasper, the hon. John W. Burney. From the county of Habersham, the hon. Benjamin Cleveland. From the county of Clarke, the hon. Zadock Cook. From the county of Columbia, the hon. Peter Crawford. JBYom the county of Chatham, the lion. Wm. Davies. * From the county of Jefferson, the hon. Roger L. Gamble. From the county of Pike, the hon. Springer Gibson. From the county of Oglethorpe, the hon. George II. Gilmer. 4 * From From From From From From From From From From From From From From From From From From From From From From From From From From From From From From From From From From From From From le County of Tattnall, the hon.John H.Gilmore. be county t>f Madison, the hon. Samuel Groves, le county of Putnam, xhe hon. Simon Holt, le county of DeKalb, the hon. Lochlin Johnson, ie county of Newton, the hon. Harrison Jones, le countv of Dooly, the hon. Wm. Lampkin. ie county of Franklin, the hon. Jas. 11. Little, ie county of Warren, the hon. Henry Lockhart. ie county of Glynn, the hon. Jas. C. Mangham. ie county of Montgomery, the hon. Duncan MeCrimmOn- ie county ofScriven, the hon. Roger McKinnie. ie county of Rabun, the hon. Andrew Miller, ie county of Jones, the hon. J. C. B. Mitchell, ie county of Irwin, the hon. JJfUdd Mobley. ie county of Jackson, the hen. Hugh Montgomery; ie county of Walton, the hon. Zacharioh Phillips, ie county of Effingham, the hon- Clem Powers, ie county of Mcintosh, the hon. Allen B. Powelh ie couaty of Bibb, the hon. Oliver H. Piince. be county of Bullock, the hon. Allen Rawls. ie county of Lincoln, the hon. Rem. Remson. ie county of Henry, the hon. James Sellers, ie county of Wayne, the hon. Sherrard Sheffield, be county of Early, the hon. Richard C< Spann. be county of Greene, the hon. Thomas Stocks, be county of Morgan, the-hon. Young Stokes, be county of Fayette, the hon. James Strawn. be county of Emanuel, the hon. Stephen Swain, lie county of Pulaski, the hon. Ezekiel Taylor, be county of Washington, the hon. Wm. A.Tcnnille* ie county of Monroe, the hon. Hope H. Tignor. be county of Richmond, the hon. Val. Walker, be county of Houston, the hon. Wm. Wellborn, he county of Burke, the hon. John Whitehead, he county of Twiggs, the hon. Ezekiel Wimberly. he county of Wilkes, the hon. Thomas Wooten; and he county of Gwinnett, the hon. Thomas Worthy. The senate then proceeded by ballot to the choice of their president,, ^nd on counting the vote3 it Appeared that the hon. Allen B. Powell, of the county of Mcintosh, was duly elected president of the Sehate of the state of Georgia. 4 They then proceeded in like manner to make choice of their sacre- tary, and on counting out the votes it appeared that William Y. Han" sell was duly elected secretary. They then proceeded in like manner to the choice of their messen- ger, and on counting out the votes it appeared that Henry Williaid* was duly elected messenger. 3 'they then proceeded to the choice of door keeper, when on cObrA- iug out the votes it appeared that Rhodom A. Greene was duly elect- ed door-keeper. From the county of Telfair came the hon. John Coftee, produced his credentials) was qalified by the president of senate* and took his seat. On motion of mr. Swain, Resolved, That the secretary inform the house of representatives that the senate is organised and ready to proceed to business, having made choice of the hon. Allen B. Powell, of the county of Mcintosh, their president, and William Y. Hansell, their secretary. On motion of mr. Swain, Resolved, That the rules of senate of the last session be adopted for the government of the present session) until altered. The senate adjourned until to-morrow morning 10 o'clock TUESDAY, 2d November iG-M, ; From the county of Camden came the honorable John Hardee* produced his credentials, was duly qualified by the president of the senate, and took hi^ seat. On motion of mr. Lockhart, Resolved, That the president appoint a committee on privileges and elections, with power to send for persons and papers. Whereupon the president appointed messrs. Lockhart, Whitehead, Mitchell, Tennilie and Mobley, that committee, Mr. Holt laid on the table the following resolution. Resolved, That the president now proceed to the appointment of the following joint standing committees on the part of senate, to-wit On the state of the republic—finance—internal improvement— public education and free schools—banks—printing—judiciary— military—enrollment—and penitentiary. Mr. Walker laid on the table the followingreso'ution. Resolved, That a committee be appointed on the part of senate to, ;join such committee as may be appointed on the part of the house of representatives to wait on his excellency the governor and inform him that the general assembly is now organized and ready to receive any communication that he may think propter to lay before them. 6 Mr. Swain laid on the teble the following resolution, ' Resolved, That a committee he appointed to prepare and rcpoKt a bill to lay oil'Emanuel county into election districts. . Mr. Worthy notified the senate that he will after to day move for the appointment of a committee to prepare and report a bill to give further time to the fortunate drawers in the land lotteries of this state fro take out their grants. Mr. Jones notified the senate that he would after to day, move for the appointment of a fcommittee to prepare and report a bill for the alleviation of the purchasers of fractions at the late fraction sales. Mr. Prince notified the senate that he shall after to day move for a committee to be appointed to enquire what extent and what mode of relief will be proper for the county of Bibb, and that they have power to report by bill or otherwise. Mr. Mobley laid on the table the following resolution. Resolved, That there be a committee appointed to prepare and re- port a bill for the division of Irwin cpunty. Mr. Davies notified the senate that he will after to day, move for the appointment of a committee to prepare and report a bill to be entitled an act to pardon Thomas Franklin Hall convicted of the murder of a slave in the county of Chatham. Mr. Davies also notified the senate that he will after to-day move for the appointment of a committee to prepare and report a bill to be entitled an act to prohibit the cultivation of rice within two miles of the limits of the city of Savannah in the county of Chatham. A message was brought from the house of representatives by mr. Dawson their clerk, informing the Senate, that the house of represen* t:ilives are now organized, having chosen the hon. John Abercrombie their speaker, and Wm, C. Dawson their clerk,gnd are ready to pro* ceed to business. And ne withdrew. The president laid before the senate a written communication and documents from John J. Maxwell, Esq. of Bryjin county on the sub- ject of a tie in the election of senator of said county, which was read and referred to the committee on privileges and elections. A message was brought from the house of representatives by mr.. Dawson their clerk, informing the senate that the house of represen- tatives have appointed a comwittee on their part to join such com- miltee as may be appointed on part of the senate to wait on his ex^ cellency the governoi\and inform him that the general assembly i$ now organized and ready to proceed to business. And he withdrew. The senate took up t«e message, concurred therein and joined a committee on their part consisting of messrs. Walker, Gilmer $nd liurney. , 7 Mr. Walker from the joint committee appointed to wait on his eii- 'c'ellency the governor and inform him that the general assembly are , now organized, Reported— Tnat they had performed the duty assigned them, and received for answer from his excellency, that he will lay before both branches of the legislature his communication at 12 o'clock this day. Mr. McKinne presented two petitions from John Rawls and Wil- liam Gross, and faom sundry other citizens of Scriven aounty, pray- ing. the remission of certain fines imposed on the said Rawls and Gross, which were read and referred to a committee consisting of messrs. M Kinne, Cook and Rawls. Mr. Montgomery presented a petition and documents from Richard Hutchinson and Johfi Osborn and sundry other persons, praying the emancipation of a certain person of color by the name of Henry, commonly called Henry Adams. Which was read and referred to a committee consisting of messrs. Montgomery, Cleveland and Sellers. Mr. Holt called up the resolution for the appointment of the joint standing committees, which was read and agreed to. Whereupon the president appointed the following committees/-viz« Committee on the State of the Republic. Messrs. Stocks, Wooteu, Gilmer, Burney, Holt, Walker and Prince. On Finance. Messrs. Brown of Hancock, Mitchell, Crawford, Coffee, McKinne, Johnson and Beall. On the Judiciary. Messrs. Gamble, Davies, Little, Montgomery, Blaokshear, Cook: and Wellborn. On Banks. Messrs. Bozeman, Wimberly, Jones, Spann, Gilmorej Rav/Is and Tennille. On Agriculture*and Internal Improvement. Messrs. Allen, Whitehead, Worthy, lignor, Brown of Decatuij, Powers and Mangham. On "Public Education and Free Schools. Messrs. Cleveland, Baker, Blackstone, Miller, Sheffield, Seller^ and ltemson. Military Committee. Mfssrs. Wimberly Walker, Coffee, Black shear, Miller, Brown of Hancock, Tennille. Committee on the Penitentiary. Messrs. Lockjiart, Gibson, Swain, Adrian, Pnillins, Groves aad Taylor. V V On Enrollment. Messns. Stokes, Lamkin and McCrimmon. On Printing. Messrs. Ilardee, Strawn and Gamble, On motion of mr. Montgomery, Resolved, That both branches of the general assembly will convene in the representative chamber on Thursday the 4th of November, instant, at 11 o'clock, A. M. for the purpose of electing nineelectors of President and Vice President of the United States, also a senator to represent this state in the Congress of the United States for the term of six years from and after the fourth day of March next, and also a senator to represent this state in the Congress of the United States in the room of the hon. Nicholas Ware, deceased. Ordered, that the secretary do carry the same io the house of re-( presentatives for their concurrence. The following communication with accompanying documents was received from nis excellency the governor, by his secretary mn Wood, viz; Executive Department, Georgia. > , MUledgeville, 2d Nov. 1824. 5 Fellow• Citizens of the Senate, Jind House of Representatives, It is a matter of gratulation, that sirtce the lastassem- bly of the legislature, the United States have confuted in a state of peace with alt nations, courting amicable relations with all by a just and impartial system,and exhibitin'gat the same time, the armor neces- aary to command respect to our rights every where. Connected with such happy auspices, the present year has been made memorable by the landing ot General, late Marquis, La Fayette, on the soil where the first years of his distinguished life were devoted, by purse and sword, to defend all that we held sacred, of political and civil rights. It was due to him to be invited by the chief magistrate, in the name of the people of the state, to our bosoms, and it was accordingly done. When it is said the United States have so far caused their rights to be respected by all nations, it is by no means to be understood that such a state of things can be lasting. The wisest policy the most pa* ciSc dispositions, will not assure us against a change. At this mo* ment an organized confederacy of despots in Europe, more formidable than ever known before, shake their bloody sceptre at all nations who contend for freedom and the rights of man. The United States and Great Britain present the only barrier to the destruction of liberty,, else the spirit which animates the Greek in his glorious struggle with the Turk would have been extinguished, South-America subdued,and our fire-sides assailed. So long as the United States and England are leagued againt them, these enemies of the human race dare not commit themselves to the seas. Meanwhile the progress of mind, ab 0 ways seeking liberal principles, will make the cause of right andjue- tlce stronger every day, until this array of tyrants shall be broken! and scattered, and liberation from thraldom be complete and univer- Sal. The strongest operative principle of the American institutions in diffusing blessings of all kinds among savage and civilized men, is the principle of universal toleration, religious and political. This princi- pie having its foundation in the American constitutions of government, is dispensing its beneficent influences every Where, to the uttermost ends of the earth; and in perfect accord and harmony with the precepts of the gospel, it will make that gospel more and more active in the le- clamation of human nnture in regions where the rbse never blossom- ed, and where the savage continues to hunt his fellow man as the beast of the forest. In fact, for the spreading of the benign doctrines of Christianity among the idolatbr ana heathen, there 13 reason to be- lieve that an all foreseeing Providence has made this great, and I hope unambitious nation, its chief instrument. If the millenium is to come, American institutions, under the same direction, will bring it to pass. Then, for the first time, comes the epoch of universal peace. Before that, it is our business and our duty to be prepared for war. No so- vereign state, whatever be its relation to others, should suffer itself to, be wronged or insulted. The weaker, the more strenuously it should insist on its rights, the more vigorously defend them. The Romans never counted the number of their enemies, and it is better that all pe- rishthan that one tittle of honor be surrendered Maintaining, how- ever, with reason, justice and firmness, those rights which belong to us, we ought to make it Our care scrupulously to respect the rights others; I call yofir attention, therefore to the state of our militia—under a good system, a bulwark—under a bad one, a rope of sand. It is re- commended to you most earnesiy, to revise your System. Pains have been taken to give it all the efficacy of which it Was susceptible.— Wanting an energetic principle to enforce itself, it would not haVfc been made available for even a temporary organization, but for the virtue and patriotism of our citizens. These virtues, in some degree* supplied the defects of the law, and will enable me to make a tolera- ble satisfactory estimate of the military power of the state. I cannot in a message like this," enter into detail, but you have accompanying documents which will suffice to show partially the defects or the re- medies, But suffer me to entreat, that in this revision you look to a military system purely abstracted from, and having ho connexion Wita the civil polity. The citizen ia a different being from the sol- dier. Ca* ry the civil law into the camp, the latter becomes a fungus upcr: the state. Instead of perfect subordination and discipline, Which rega-d his own preservation and the safety of the Coiintry, he looks constantly to his civil privileges—makes the law for his own govern* merit, and decides when he shall look the enemy in the face—when betake himself to flight. In no country can such a military system be maintained as a reliance for defence. Even under the laws of the United States* when the militia take the field, they are subjected to Ben. % 10 taarlial law. It is the novelty of this restraint which in war gives rise to so many difficulties, and cases so many embarrassments before the militia are qualified for acfive service; and how easy for the citi- zen to learn that, consulting his own safety and thesafety of the state, the moment he takes his position in the ranks, his first duty and his first virtue is obedience, and how habitually easy in war will be the practice thus acquired in times of peace. It will be vain to attempt to discipline the mil itia in times of peace, unless the strictest subordi- nation and obedience can be commanded among all ranks, from the general to the private. The basis of any good system is organization. Without permanent organization it need not be attempted to uniform, equip, arm or discipline. The organization of the company is the ba- sis of the whole, and it is ascertained by sufficient experience, that it isi extremely difficult to maintain a complete organization of compa- nies under the present system. The supineness and indifference of the people who elect the "company officers in a period of peace, their carelessness in attending elections at all, and conseqently the very improper selections which are frequently made have had a tendency to impair the value of the commission, which ought always to be held honorable. The uncertainty of preferment too, which ought to be the sure reward of merit, deters young men of good character from seek- ing commissions of the lower grade. In fine, the numerous resigna- tions constantly occurring, and the disinclination freqently manifest- ed for this service, shew the defect to be radical, and to require an effectual remedy. A uniform prescribed for the militia, cheap am! useful in the ordinary occupations of life, would have a tendency to diffuse more generally, that military pride so essential to the charae- ter of the soldier. The time, it is hoped will arrive, when, under the wise provisions of the act of Congress for this purpose, the-whole bo- dy ot the militia of the United States will be supplied with arms and equipments. In this event, it will be desirable to establish in each county a central depot of arms, to be used on field days, and as the public service may require. As one of the prominent evils of the existing system, is the habitual non execution of the sanctions and penalties prescribed by the laws, you will find it indispensable, as well for the enforcement of these, as for the uniform and regular execution of their general provisions to provide for the appointment of an adjutant-general, with adequate rank, and emoluments, having his office at the seat of government, and if it be thought proper, to establish drill schools for the officers in cen- tral points of divisions or brigades, their general superintendence and dbection should be confided to him under the orders of the comman- der in chief. The reports of maj. gen. Newnan and brig. gen. Harden, merit your attention. Intimately connected with the defence, is the public education of the country. Every citizen, to be qualified efficiently to defend his rights and those of his country, should possess intelligence enough clearly to understand them, ana this in the complex relations of our political syssem, is at once the more necessary and the more difficult. The rich and the poor now unite in the acknowledgment of the ad- vantages accruing from an enlarged system of education, which will qualify them eqally for all the occupations, civil and military, to which the state may call them. In the front of the higher academic institutions already organized, you will take pleasure to recognise Franklin College, an ornament, and under proper endowment, an in- stitution of first utility to Georgia. Next, the academies of counties only requiring a fostering hand to cause them to flourish and produce fruits worthy of the fathers who laid the foundations. I recommend to you to give to these institutions liberally and unsparingly, aceord- ing to their wants. But above all, I recommend that to the poor of our fellow citizens you extend a bountiful hand. A poo and honest man is the noblest work of God. How much more worthy your care the children, who under your protecting auspices, might be the best Of men, under your neglect, the worst. Nothing is more easy than to comprehend all under the expanded wings spread over these institu- tions. by the constitution and the laws which limit your discretion in nothing, but the duty always imposed upon you to take care that of public moneys appropriated to any objeet, a strict accountability be exacted. The rule of apportioning annually a specific sum among the different counties, in proportion to representation, as adopted by an act of the last legislature is not only a fair one, but of easy exe* cution. The period has arrived when Georgia can no longer postpone the great work of internal improvement. If considerations of the high- est order could not prevail, state pride would be a motive sufficient- ly strong to determine her. Some of her sisters are already far in advance of her. Almost all of them have, to a greater or lehs extent embarked in it. She sees the most enterprising and persevering among them already deriving advantages from if, which place them in the first rank of opulence and power. A state, therefore, like Georgia, blessed by Providence with the means of reaohing the highest com- mercial prosperity, by a road, plain, direct and practicable, will no longer linger in the rear. She will begin, and with a little patience and perseverance, instead of decaying cities and a vascilating trade, and what is most humiliating, that trade seeking an emporium else- where than within her own limits, she will witness the proud and anl- mating spectacle of maratime towns restored and flourishing, new ones rising up—her trade steady and increasing—her lands augment- ed in value and improved in cultivation—the face of the country beautiful and adorned; and she may witness what was once deemed impossible to human effofts, the western waters, mingling with her own, and the trade of Missouri and Mississippi floated through her own territory to her own sea-ports, and all this within the compass of her own resources, provided the ordinary economy, prudence and fore- sightbe'employed to husband, cherish and improve them. The first and most important step will be to command an engineer of science and practical skill, and measures have been taken to procure the ser- vices of such an one. As it is indispensable that he rank among the highest of his profession, it follows that his compensation should be fixed at such a rate as other states have assigned to the like order of talents and qualification. I am persuaded you will not hesitate to do this. The legislature of Georgia is too enlightened to undervalue the services of mind, and looking to her true interest in this particu ■ 12 jtor, she will find the best economy in the highest compensation. The critical accuracy necessary in ever}' stage of the proceeding, the mi- nuteness of observation, the correctness of calculation, and the appli- cotion of the mathematical science to the whole, require the first or- the Indians of the right of hunting on the grounds allotted them 17 ks securities against the trespasses of the whites, who might inter" fere with that use, and not guaranties of fee simple title. How could the treaties expressly take from the Indians the fee simple in one ar- tide and guarantee it to them in another ? If the United States have encouraged the Cherokees to make expensive improvements on the lands of Georgia, and such improvements are assigned as the reason for not making the relinquishment, the United States are bound in honor and. justice to pay the full value of them, and to give to the Cherokees territory of their own elsewhere, corresponding in extent and fertility with that which they abandon. The government of Georgia solemnly disavows any intention to do the least injustice to the Cherokees. On the contrary, it would respect their rights, as it would those of any other people, and will contribute its full quota at aii times, as it has done in past times, to civilize, improve and perpet- uatea race of men of great nobleness of spirit, and with whom she has generally lived on terms of peace and friendship, but it can scarcely be expected by the Cherokees themselves, that obvious and indisputable rights of citizens of Georgia, should be yielded to any interest of theirs whether real or imaginary. , * The government of the United States have thought proper to state an account current with the state of Georgia in this account Geor- gia is charged with an aggregate of 87,7*35,243, made up of the fol- lowing items, viz: §1,250,000 under the articles of agreement and cession—§958.954 paid in extinguishment of Indian claims— gl,244,137, for 995,310 acres of Arkansas land at the minimum price of 81 25—and g4,284,151 paid to the Yazoo claimants. It is per- fecdy fair and quite consistent with usage, that Georgia, on her part should state an account also; and taking the rule adopted by the United States government, viz: the. present minimum price of the pub i :• lands, the account would stand thus—80,000,000 acres ceded to the United States, at §i 25 per acre, #100,000.000—from which deducting the above amount, changed to Georgia by the United States, yviil leave a nett balance of 892,264,757, gratuitously presented by txeorgia to the United States. It will be recollectetyiowever, that from the date of (he contract with Georgia in 1802, until the 24th day of April, 1820, the minimum price of public lands, had been fixed at §2 per acre, and when it is considered that between the two periods no lands were sold for less, and large quantities were sold fpr more, the account can thus be siated—80,000,000 at 52 per acre, §160,000 000 ; making the same allowance for Arkansas lands exchanged wish the Cherokees, and giving credit to the United States for.$ 1,990,620, instead'of §1,244,137*, the balance due to Georgia would be gl5l,5l8, 274, The whole revenue of the United States would not pay it in seven years:—to pay it in one year would involve the mass of the population cf the United Slates in infinite distress. The interest would have enabled Georgia to dispense with taxes—to educate all her citizens at the public expence-—to have armed and equiped her imii h—to have made a garden of the face of the country, intersect- ed every where by turnpikes and canals, and studded with the menu- meats of art. Foregoing these advantages for the benefit of the Uttl- ted S ales, Georgia \vould have been the last to remind the United States that sacrifices had been made on their account, if the federal 5Sen. B 18 government postponing the rights and interests of Georgia, to ths' imaginary rights of the Indians, had not forced upon her a comparison of what she is* with what she might have been. But it cannot even be conjectured upon what grounds Georgia has been charged with the amount paid to the Yazoo claimants. Georgia was not consulted in the compromise with those claimants. She never therefore gave her assent to the compromise. On the contrary, so For as she could, she did, by her delegation in Congress resist it.— Georgia, so long as she remained a moral agent could never assent. The act was, in effect and substance, a formal decree of the highest authorities known to the constitution of the United States, in per- petual testimony of the reward which awaits those who shall in future time successfully bribe and corrupt the representatives of the people to sell theif country; adi as in this case it was the Legislature of Georgia which had been so bribed and corrupted, it could not be ex- pected by the United States tfiat her estate ever would'be given. It would have been equally reasonable, if the United States had sur- rendored the entire country to the claimants, and charged Georgia; with the value of it. No time was lost in transmitting to the President the memorial of the last legislature on the subject of citizens claims against the Creek Indians, which had been provided for by the treaty crncluded at the Indian Springs. The answer of the President, communicated through the Secretary of War, is submitted. You will see that the decision of which we complained is considered final, and that no revisal of it need be expected, he provision of the treaty was undoubtedly de- signed to cover the whole amount of claims of every description, and of every date, up to the yeat 1802, the justness and fairness of which could be substantiated by sufficient evidence.—Nevertheless the Pre- indent has thought proper to reject claims for property taken and des- troyed, only because it happened to be destroyed, although the broad and comprehensive words of the treaty are Property taken or des- troyed,n and he has moreover resorted to the rules of interpretation prescribed by the law of nations to expound treaties concluded with savages, by which a farther considerable amount isdeducted from the claims of Georgia, pre-existing treaties^-not having, according to thos« rules, specifically provided for them. This construction is the more unreasonable,as those treaties were concluded not by Georgia,-but by the United States, who ought not now to cause the citizens of Geor- gia to suli'er by their own neglect or omission. Georgia, however, having improvide tly assented to refer those claims to the arbilre- ment of the President alone without appeal, whatever reason she may have to complain of the injustice of the decision, she is precluded from resorting to any measures of her own for redress. The Indiana well understanding that the aggregate of the claims amounted to more than §250,000, intended that the the entire sum should be ap- plied to the satisfaction of them. According to the rules adopted by the President, claims to the amount of §100,000 only, have been ad- mitted. Whether the balance, viz, $ 150,000 will be credited to tin; Indians or will pass into the treasury of the United States, is net known.to me. 19 1 announce to you with pleasure that in compliance wUh the re- quest contained in the memorial of the last session, and in fulfilment of • he stipulations of the articles of agreement and cession, a treaty is about to be holden with the Creeks for the extinguishment of their cia«ms to all the lands within our limits. May we not flatter our- selves that this friendly measure is the precursor of the final adjust; ment of all differences between the general government and the state of Georgia; and that, in a like treaty with the Cherokees, we may see all difficulties removed—the relations of the two governments restored to what they ought to be, and an old contract which has com- tributed so much to disturb them, carried into complete and findl execution. It gives me great pleasure ajso to be able to inform you, on the au- thority of our agent, that the claims for militia services which have been earnestly and repeatedly pressed upon the federal government for some 20 or 30 years past, and which have so far remained unsatis- lied, will be likely to find * gracious reception at the ensuing session of Congress. To promote this desirable result, I recommend to you to continue the services of Col. Hunter on the part of the state. The justice of these claims is so undoubted that to be universally acknow- •iedged, they need only be understood. As soon as it was ascertained that Congress had passed an act au- ihorising the President to procure the necessary surveys, plans and estimates for rtpads and canals, &c. I addressed a letter to the Presb dent, requesting that Georgia should be admitted to a participation of any benefits or advantages which might result to the union from that act, and called his attention particularly to the importance of connecting the waters of the Savannah with those of the Tennessee, and the waters of the St. Mary's with those of the Suwanee. His answer, given through the Secretary of War, is transmitted herewith, it was presumed that the Congress had derive^ its power to pass the act from the provisions of the constitution which authorise it to regu- late commerce between the different states, and which confide to i d States and to the Governor of Georgia. A copy having been receipt d in due time at this department, it was presumed that one had ;,.r0 been received by the Executive of the United States. It was iv t far the governor of Georgia to enquire whether, in conformity with the requisitions of the resolutions, a copy had been forwarded to the President of the United States, or whether if forwarded, it had been received. It is sufficient that the United States government may now know that the assent of Alabama to the running of the line is not wanting, and it oniy remains for me to assure the legislature that whenever it becomes necessary to the interest of the state to cau«e the line to be run such measures as they think proper to adopt will be carried into execution effectually and without delay. The state of Alabama will of couise be invited to concur, and both will con- sider it due to the Uhittd Slates to give them timely notice. The correspondence on this subject with the government of the United States and that of Alabama is submitted. It is with great reluctance I feel myself constrained to call your attention to the general relations between the federal and state gov- crnments. These relations, instead of being fixed and permanent as the constitution itself, are changing every day although the instru- inent which defines them does not change. There is in alJ pi Jihcal bodies, however organized, an instinctive passion for the accumulation 21 ol power. Those of the Unitet) States have nut been backward in exhibiting this trait, and as this, like most other strong passions, ac- quires strength by indulgence, it is not a subject of wonder that at this day it should be displayed with a force and effect calculated to awaken the most fearful apprehensions. Under its impulses, if not restrained, the states will be ultimately stripped of the powers once considered essential to their sovereignty, and be doomed to move in the humble and sub'r iina^ spheres of corporations, merely munici- pal, without referring to the series of measures which (derived by lat- itude of construction) have had a tendency to weaken the powers of the states, and to strengthen those of the general government, it will be sufficient to advert to those of more recent occurrence, because of mote alarming character. They are the attempted restrictions upon the state of Missouri as conditions of her admission into the union—the repeated and partially successful assertion of absolute and uncontrolable power over internal improvement,—and lastly, but least to be expected, the bold assumption ot the power to regulate at pleasure by duties, restraints and prohibitions the entire industry of the country, and eventually of course to prescribe the direction which the labor of every man shall take, whatever be his own natural inclination or propensity. It was confidently believed before, that if there was any one political feeling cherished by the people of the United States, more universally than another, it was that the free- dom of industry, that is to say, the right of every man to betake him- self to aay honest employment whatever, as best suite'- his inclination or interest was absolutely secured against the possibility of encroach- meat from any quarter. The confiding American people no more thought of guarding this right of freedom of industry against the in- vasion of their representatives, than of prohibiting them from con- taminating the purity of the atmosphere they breathed, or poisoning the fountains of water from which they drank. Nevertheless this' sacred right, derived immediately from deity, rnd Which no human institutions could take away, did not present evena n impediment to the giant strides of the federal government. In thus defying nature and transcending the limits of the constitution, what apology could be found for poor, frail, misguided man, but the one which tlje advocates of this system have sought for themselves—a refuge in the explo- ded doctrines of the sixteenth century—a refuge indeed, because covered with a veil of thick darknesss* But to our shatne be it writ- ten, the descendants of the very people of Europe who were enchain ed for ages by this system rise up in our day, with uplifted hands and voices against it. It is this say they which'confined our fathers to their work shops—which cut off all intercourse between man andjman, by which intellect could be improved—which made the son to tread in the footsteps of the father—and which left him no ideas, no senti- meats, no feelings but what belonged to his family and to his trade. The American Congress who ought to be in the van cf every thing liberal in politics, in commerce and in the arts, go back to this era to seek lessons or instructions for their constituents. As Providence will have it, these constituents arc 300 years in advance of them, and unless they give lessons to their representatives in turn they will find the general government very soon employed in making roads and dig- ging canals within their ovrn exclusive limits and jurisdiction—levy- as thg taxes o« one portion of the community for the single purpose of giving encouragement to the industry of another portion of the same community, and finally passing an act of universal emancipation, which would undoubtedly be the last. If the legislature of a state should resolve to resist such assumed powers, the United States gov- eminent would be reduced to the unpleasant alternative either of en- forcing them because they were clear, manifest and explicit ones, or of revoking them, as of eqaivocal and doubtful character, and not jus- tifying a recourse to civil war to maintain them. And it would seem that this single consideration would be sufficient to deter any wise and prudent administration of government under our constitution from acting upon such constructive powers at all. 1 recommend to you to avoid the unnecessary multiplication of laws, as well as their frequent alteration and amendment. In fram- jng such as are necessary, too much caution cannot be observed. Dis- courage divorces, seldom creditabLe either to those who ask, or to those who grant them, and always indicating a depraved state of so- ciety. Give the more important elections to the people, and confide to others the less—Duties ought never to be required of them, which they are unable or unwilling to perform. If the people desire to re- tain the inferior and less important elections, undoubtedly their wishes ought to be consulted. It is believed they do not. Of this, however, you are the best judges. The election by the people should be real, not nominal. They should have motives sufficiently propulsive to turnout in their strength whenever the laws require it. It is believ- ed that the civil and military elections which devolve upon the peo- pie, would if they were compelled to attend them, stop the plough one-fourth part of the year, bring great distress on families of the poorer class, and subtract in the same proportion from the product of' the national industry. Our political morality will never be pure as long as offices are sought with the avidity and importunity, which now distinguish the canvass for them, in all the states with the ex- ception of New-England. Whenever it is believed by the people that- those who seek office with most eagerness are frequently the most un- worthy, the evil will have found its remedy. Merit is always con- spicuous enough, and our people will be sufficiently enlightened to discover and appreciate it The nomination therefore as well as the election of the candidate ought to belong to them. The American historian will blush to record the scenes in which, within the passing year, candidates for the first dignity have not disdained to be actors, A practice ripened into custom among a whole people, though proved to be a bad one, is not easily changed or discontinued. It is known that this must be the work of time, and of the intelligence and virtue o! the people themselves. Whilst I am disposed (o respect as I ought, long and established habits and opinions, I would reproach myself were f to withhold a single sentiment the expression of which it wa>$ believed the interest or honor of the country requited, It will be your duty under the constitution and laws to proceed at en early day to theelectior. of nine electors of President and Vice^ President; and during the session, to the election of a senator of the 23 3»IAited States to succeed the hon. John Elliiot, whose tern of service empires on the third of March next—also a senator to fill the vacancy occasioned by the death of the hon. Nicholas Ware, and three bri» gadiers-general, viz: for the first brigade of the second division, vice Thomas Glacock, resigned—for the second brigade of the second di- vision, vice John Irwin, deceased—and for the second brigade of the third ^division, vice Elias Beall, removed. The clauses in the public acts which authorise free persons of co- jtor to be sold into slavery ought to be expunged from them, as repug- uant to the constitution and the iaavs of God. The report of the Treasurer will exhibit the state of our finances. The aggregate of sales of thedast fractions amounted to §262,325 25 cents. The commissioners who superintended them deserve well for the assiduity, fidelity and integrity with which they discharged the laborious duties. A statement of the votes taken at the late general election in con- forrnity with a resolution of the legislature, with a view of ascertain- ing the popular will in relation to the mode of choosing electors of President and Vice-President, is submitted; from which it appears that a preference has been given to that by popular election, and by a large majority. A statement of warrants drawn on the treasurer, and a list of ex- ecutive appointments are likewise submitted. Various acts and resolutions have, according to their requisitions^ been completely or partially carried into eft'dct1, as you will see by the documents herewith submitted, viz : resolutions relative to the navi- gation of Brier creek—to the Steam-Boat Company—to suits against the commissioners for selling fractions in Walton, Gwinnett, Hall, Habersham and Rabun—to appoint some person to rent out Indian reserves—to correspond with the Post-master General in relation to the'transportation of the mail between Savannah and Augusta, and that relative to the navigation of Tugalo. The commissioners appointed to open a road from the A la palm fo the Florida line, not having reported in nursuance of the requisition of the resolution of the 22 Millerfgeville, Sd Nov. 1834. y t invite the attention of the legislature to the case of the Africans in the possession of the state, It is important that this property should cease either to be an incumbrance or a subject of controversy. They bad formerly been distributed among different persons, who in consideration of their services engaged to feed and clothe them—re- eently it had been attempted to make them profitable to the state, and for this pnrpose, as well as to watch over their safety, which had been frequently threatened, an agent was appointed, with instructions to hire thetn to the best advantage, and to persons of good character, who would treat them kindly, and be responsible for their delivery on his demand. They were accordingly h»rrd for'an amount which af- ter defraying all expenses would have left a considerable sum to be passed to the credit of the African fund. It was not long however,- before attempts were made to inveigle and carry them off—in one of these,notwithstanding the vigilance of the agent, the party succeed- ed—two. were stolen and have not been recovered—in a subsequent one they succeeded sofar,as to inveigle ami convey six of them, un- dor cover of night, to a plantation of Lewis Bond, where after inces- sanfpursuit, they were finally discovered; secreted in a house under lock and key. Having good reason to believe, from the best inform a- tion, that William Bowen had been the principal agent in both in- stances, he was ordered to be arrested, and finding that the charges against him would be supported by-sufficient testimony, he made vo- luntary confession, The presiding magistrales nevertheless, discharg- et! him upon the allegation of a pretended claim. A second effort to bring Bo Weft to justice, failed in like manner, and seeing that he was sustained by the officers of justice, as well as others, he became em- hnleened, and threatened to seize and carry away the negroes by foiLC, wherever he could find then.-. Appeals were made to some-of the higher inSgistrc^j, to interpose their authoiity for the execution 2*i of the laws thus outraged and defied, but in vain, But for an act ot Providence one of the judges would have attended here promptly, upon my invitation, and as nothing would have been asked but what the laws commanded, there is no doubt, that William Bovven would have been committed or recognised both for his appearance aud good behaviour. As it happened no alternative remained Dut a passive abandonment of the property or the protection of it by the power of the executive—there could be no hesitation—and as it was right that the public buildings and the public ofiicers should be used for the seV curity of the public property, the Africans were ordered to be lodged within the walls of the Penitentiary; and General Newnan was re- quested, whilst he employed them as beneficially a3 he could for the advantage of the state, to look to their safety. This task, though no part of his appropriate duty, he undertook and fulfilled to my satis- taction. When soon after it was threatened to wrest them from his possession, by force and under cqlor of law, he was ordered to. defend them to the last extremity; and if what was threatened had been at- tempted, I have no doubt hp would .have approved himself worthy of my confidence. The circuit court of the United States bad decreed the property to be in Madrazo, who being a Spanish subject, navigating under a Spanish flag, and engaged in a trade sanctioned by the laws ot Spain, his vessel and cargo were piratically captured and piratically con- demned. A demand was made by the agent of Madrazo under that decree for the delivery of both money and negroes in possession of the state after deducting all expresses heretofore incurred but no at- tention was paid to it, and considering that error might possibly have been committed in the court below, and having resolved that the pro- perty should be surrendered to no "authority but your ofvn, I caused an appeal to be entered to the supreme court where it is now depend- i'ng. / ' ' ' That William Bdwen haying referred an analogous claim to thp superior court of the state for their decision, without awaiting that" decision and disregarding the decrees of the circuitcourt against him, and paying no respect to tbe appeal pending before the supreme court, or the claim and possession by the state, but disregarding and con- temning all, should with the countenance, and encouragement of cer tain magistrates and others of the county of Baldwin—first covertly, and then openly, attempt to wrest this property from the state, and that these magistrates prohibited by the laws to take cognizance of cases, between citizen and citizen, when the amount exceeded thirty dollars, should assume the power to issue process to compell a sur- render of property valued at many thousands, and to decide b:>;h the right of property and the right of possession, even without the inter- vention of a jury, presented cases so strange, anamalous and paradox- real that no solution of them could be found in any principles known to the laws, to justice, or to reason ; and moreover exhibited a law- Lessness of character and disrespect to the rights of the state so dis- reputable to a well governed community, that I trust you will see the necessity of interposing your powers promptly to reprehend what is censurable in the past, and to prevent for the future the possibility of $ny like occurrence. All the papers connected with this subject are herewith transmitted, as is also one containing an expose of the prin* ciples and views which governed my conduct throughout the whole 01 these transactions. The report of the agent, L. Q. C. Lamar, E q. will shew you the difficulties he has had to encounter, in the execu- tion of my orders at every step of his progress. The ability, zeal and firmness with which he iqet all, and surmounted many of them, in the double capacity of counsel and agent, and the untiring perseverance which he has displayed to the last, merit my highest commendation. Signed^- G. M. TROBT. Which was read, and together with the accompanying documents referred to the joint judiciary committee. Also the following communication, to-wit: Executive Department, Georgia 24.1 Milledgeville, 3d Nov. 1824 Notlopg after the adjournment of the last legislature certain char- geS were preferred by A. B. Powell, Esq. then a senator from the county "of Mcintosh, and a director on the part of the state, of the Bank of Darienj implicating the board of direction of said bank in malversation in office; at the same time, mr. Powell having resigned his seat at the board, and recommended James Smith, Esq. as a fit person to supply His place; I did not hesitate, knowing the iniegiity of mr. Smith to make the appointment, and to inform mr, Powell that on your first meeting, I would not fail to call your attention to the very grave and serious charges exhibited by him against the ad- ministration of the bank. A similar notice was given at the same time to the bank itself. Proceeding, as these charges do, from a sen- ator and director, and involving the purity of an instituion in which the community have a very deep stake, and the state itself a very large intesest, you will no doubt feel it to he a primary duty to give to the charges a prompt, scrutinizing, and ample investigation, so that if they fee sustained, a corrective may be applied^ which will not only assure the Bank of Barien,a prudent, judicious and faithful adr ministration of its affairs for th® future, but will operate as a caution to all similar corporations within our own limits, that nothing but the strictest probity, and the most upright management of the interest confided to them will secure your confidence and support, and that any departure from these will not fail to bring upon them your se- verest animadversion and displeasure. |t will be recollected, however, that credit is the animating princi- pleof these institutions, that credit and character are inseparably con- nected, and no arraignment of the latfer for light or trivial causes Should be either countenanced or tolerated. The papers marked A. and accompanying this communication, are all which relate to the subject of it, and they embrace both the charges and the defence. 29 It is very desirable that a subject of this delicacy and involving such great interests should meet as much despatch as is consistent with due deliberation, and it is to be presumed from the very early notice given to the parties of the measures designed to be taken here, that they are prepared with all the testimony which may be deemed material to support either the accusation or defence. Signed, G. M. TROUP. Which was read, and together with the accompanying documents referred to the joint committee on banks. Mr. Cleveland presented a petition from John Davis, which was read and refer red to a committee consisting of messrs. Cleveland, Tigner and Groves. On motion of mr. Bozeman. Whereas by the census lately taken throughout this state, it is al- most rendered certain that an increase of the number of the mem- bers in the popular branch of the legislature will be from twelve to twenty members; and the representative chamber being too small for the accommodation of the present number with any convenience Be it therefore resolved by the Senate and House of ttepresenta- tives, That his excellency the governor be and he hereby is author- izetl and requested to contract with mechanics of skill and industry to make and have completed by the meeting of the next general as- sembly such additions and alterations in the representative chamber as he may deem necessary and proper for the comfortable accoinrno- dation of at least one hundred and fifty members, and that he is here- by authorised to pay the expenses out of the contingent fund hereafter to be appropriated. Which was read and ordered to lie on the table. A message was brought 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 for the election of nine electors of President and Vice President of the United States, and also for the election of two senators in the congress of the Uni- ted States from this state. And he withdrew. On motion of mr. Stocks, Unsolved, That so much of the communication of his excellency the governor as relates to the extinguishment of Indian title to the lands in the chartered limits of this state, and Indian claims with documents Nos. 3, 4, 5, 7, 8, 15 and 16 be referred to the committee on the state of the republic. That so much of said communication as relates to the judiciary system be referred to the committee on the judiciary. That documents Nos. 9, 13 and 14 be referred to "the committee on Usance. That so much of Said communication as relates to internal improve- ment with documents Nos. 6, 11 and 12 be referred to the committee on internal improvement. 30 J That so much as relates to banks with documents Nos. 17,10, 19, Mid 20 be referred to the bank committee. That document No. 2 be referred to the penitentiary committee. And that document No. 1 be referred tq the military committee. Mr. Sellers notified the senate that after to day he will move for the appointment of a committee to prepare and report a bill to ap- portion the representatives in the different counties throughout this state agreeably to the late census of this state as prescribed by the constitution. On motion, The honorable senator from the county of Chatham was added to the joint committee on internal improvement. Agreeable to notice mr. Swain moved for the appointment of u committee to prepare and report a bill to lay off Emanuel county in- to election districts. Ordered, that messrs. Swain, Bawls and McCrimmon be that com- mittee. Mr. Montgomery from the committee appointed, reported a bill to be entitled an act to emancipate a certain colored man by the name of Henry, commonly called Henry Adams, which was read the first time. Mr. Sellers notified the senate that after to day he will move for the appointment of a committee to prepare and report a bill to in- corporate the Henry county academy. On motion, Tne honorable senator from the county of Oglethorpe was added . to the joint judiciary committee. The honorable senator from the county of Laurens to the commit- tee on the state of the republic. The honorable senator from the county of Habersham to the joint committee on internal improvement > and The honorable senator from the county of Bryan to the joint com- mittee on the penitentiary, • Mr. Cleveland notified the senate that he will after to day, move for the appointment of a committee to prepare and report a bill to amend the third section of the act. regulating the general elections in this stale, and to appoint the time of the meeting of the General As- sembly, passed February 11th 1799. The following communication was brought from his excellency the Governor, b/ his secretary mr. Wood, to wit: Executive Department, Georgia, ? Mil Led%e.vHle, Sd Nov. 1824. J At the January term 1824 of the superior court of Chatham coun- • ty, Thomas F. Hall was convicted of the murder of a negro slave, 31 •atfii lus execution was, for various reasons, respited until the 22d ol. November 1824. It is believed that this unfortunate man is sincere- ly penitent, and now a proper object of legislative clemency. A cer* titled cop; of the record in this case is deposited in the Executive of-. fi.ee, and will be at the service of the legislature at any time. Signed, G.M.TI40UR Which was read and ordared to lie on the table. Mr. Stocks notified the senate that after to-day he will , move for the appointment of a,committee to prepare and report a bill to admit Richard K. Pines and John S. Lewis to plead and practice as altor*- neys, solicitors and proctois in the several courts of law and equity in this stale. Mr. Stokes notified the senate that after to-day he will move for the appointment of a committee to( prepare and report a bill to sepe- rate and divorce Betsey Brown and Henry P. Brown her husband. On motion of nr. Coffee, Resolved, That the secretary pf state be requested to deliver to the secretary of senate the bill passed at the last session of the legislature, altering and amending the second section of the Qd article of the con- stitution of this state. Read and ordered to lie an the table. • Mr. Mangham notified the senate that after to-day he will move for the appointment of a committee to prepare and report a bill for the relief of Thomas Foley. Mr. Maugham also notified the senate that after to day he will move for the appointment of a committee to prepare and report a bill for the relief of the distressed citizens in the counties of Chatham. Bryan, Liberty, Mcintosh, Glynn and Camden. The senate adjourned until to-morrow morning 10 o'clock, TlfURSDJil', U:i *\*ocenib«i', 1834, Agreeable to notice, mf. Mangham moved for the appointment of a committee to prepare and report a bill for the appointment of a com/ mitteeto prepare and report a bill for the relief of the distressed dti 32 zensin the counties of Chatham/Bryan, Liberty, Mcintosh, Glynn and Camden. Whereupon, the president appointed messrs. Mangham, Hardee, Sheffield, Baker, Maxwell and Davies that committee. Mr. Mangham also in conformity with his notice of yesterday, mov- ed for the appointment of a committee to prepare and report a bill for the relief of Thomas Foley. Ordered, that messrs. Mangham, Gibson and Swain be that com- mittee. Mr. Davies gave notice that he would after to day move for the ap- pointment of a committee to prepare and report a bill to be entitled an act to authorise James Cleiand to plead and practice as an attor- ney and solicitor in the several courts of law and equity in this state. „ Mr. Davies also gave notice that after to-day he would move fo^ the appointment of a committee to prepare and report a bill to be en- titled an act to authorise the judge of the superior court for the east- ern district to appoint a guardian or trustee for a woman of color named Reno. Mr. Worthey notified the senate that after to day he would move ft>r the appointment of a committee to prepare and report a bill to be entitled an act to incorporate the Gwinnett county academy. Mr. Jones agreeably to his notice of yesterday", moved for the ap- pointment of a committee to prepare and report a bill for the allevia- tion of the purchasers of fractions at the last fraction sales. Ordered, that messrs. Jones, Adrian and Fhillips.be that commit- .tee. Mr. Sellers called up his notice of yesterday, and offered by way of substitute, the following motion : Resolved, That there be a committee on the part of senate to join such as may be appointed by the house of representatives to prepare and report a bill t'o apportion the representatives throughout this state agreeable to the fifth census of enumeration as provided for by the constitution. Which being adopted, the president thereupon appointed messrs. Sellers, Stocks, Montgomery, Whitehead and Davies that committee. A message from the house of representatives by tar. Dawson their clerk, to-wit: Mr. President, Tne house of representatives have appointed on their part the following joint standing committees, viz.on the state of the republic •—on finance—on the judiciary—on agriculture and infernal improve- meat—on public education and free schools—on banks—on the yen- itentiary—on printing—on enrollment—and a military committee. And he withdrew. Mr-Sellers agreeably to notice of yesterday, moved for the apt- pointmeot of a committee to prepare and report a bill to incorporate the Henry county academy. Ordered, that messes. Sellers, Jones, and Brown of Decatur be that committee. Mr. Cleveland agreeable to notice, moved for the appointment of a committee 'o prepare and report a bill to amend the third section of an act regulating the general elections in this state, and to, appoint the time of the meeting of the general assembly, passed February eleventh 1799. Ordered, that messrs. Cleveland, Brown of Hancock, Walker, Baker, Bla; kshear, Holt and Prince be that committee. Agreeable to notice, mr. Prince moved for tie appointment of a committee to enquire what extent and what mode of relief will be proper for the county of Bibb, and that they have leave to report by bill or otherwise. , Ordered, that messrs. Prince, Mitchell and^Winiberly be that com- mittee. Mr. Davies, agreeable to notice, moved for the appointment of a committee to prepare and report a bill to be entitled an act to prolii- bit the cultivation of lice within two miles of the limits of the city of •Savannah in the county of Chatham. Ordered, that messrs. Davies, Powers and Giimer be that commit- tee. Mr. Mobley agreeable to notice, moved for the appointment of a committee to prepare and report a bill for the division of Irwin county. Ordered, that messrs. Mubley, Coffee and Brown of Decatur, be that committee. Mr, Prince had leave to introduce instantp.r, a bill to be entitled an act to give to master carpenters and masons a lien on buildings erect- ed by them in the town'of Macon, which was received and read the first time. Mr. Alien notified the senate that he would after to-day move for the appointment of a committee to prepare and report a bill to be en- titled an act to amend an act to appoint commissioners for the better regulation and government ot the town of Elberton. Mr. Strawn notified the senate that he would after to day move for the appointment of a committee to prepare and report a bill toautho- rise the justices of the inferior court of Fayette county to convey to the trustees of the academy of said county a lot of land on the "west side of the town, for the purpose ol erecting ah academy thereon. Agreeable to notice, mr. Worthy moved for the appointment of. a -committee .to prepare and report a bill to give -further time to form- nate drawers in the land Iotteey of this state to take out their grams, Ordered, that messrs. Worthy, Bozemau aud Maxwell be that com-, aiittee. 5 34 A message was brought from his excellency the Governor W his secretary mr. Wood, informing the senate that his excellency the go- vernor had assented to and signed the resolution which originated in senate on the 2d inst. appointing this day at the hour of It o'clock A. M. for the election of nine electors of president and vice president of the United States—a senator to represent this state in the congress of the United States for the terra of six years from and after the fourth day of March next—and a senator to represent this state in the con- gi ess of the United States in the room of the hon. Nicholas Ware, deceased. Mr. Coffee called up his resolution of yesterday, that the secretary of state be requested to deliver to the secretary of senate the bill pass- ed at the last session of the legislature altering and amending the se- cond section of lhe second article of the constitution of this state. Which was read and agreed to. Whereupon, the said bill was received and read the first time. A message was received from the house of representatives by their clerk mr. Dawson, informing the senate that the house of representa- tives are now ready to receive them in the representative chamber for rhe purpose of electing by joint ballot, nine electors of president ot t'le United Sates—alfeo a senator to represent this state in the congress of the United States for the term of six years from and after the 4th day of March next—and also a senator to represent this state in the congress of the United States in the room of the hon. Nicholas Ware, dec. And he withdrew. Whereupon, the president and members of senate repaired to the representative chamber, and being seated, both branches of the Gene- ral Assembly proceeded by joint ballot to the election of nine electors of president and vice-president of the United States, and on count- ing out the votes it appeared that Elias Ileal 1 of the county of Mon- roe, Thomas Cuinming of the county of Richmond, John 'Floyd of the., county of Camden, John Harden of the county of Twiggs, Warren Jourdan of the county of Jones, William Matthews of the county of Jackson, John Mcintosh of'the county of Mcintosh, John Rutherford of die county of Baldwin, and William Terrell of the county of Han- cock, were duly elected. They then proceeded in like manner to the election of a senator to represent this state in the congress of the United States from and af- ter the 4' h day of March next, and on counting out the votes it ap^ peared the hon. John McPherson Berrien was duly elected. They then proceeded in like manner to the election of a senator to represant this state in the congress of the United States in the room of the hon. Nicholas Ware, dec. and on counting out the votes it ap- peared the hon. Thomas W. Cobb wa^ duly elected. The senate returned to their chamber, and adjourned until to-mor- row morning 10 o'clock. 85 FRIDAY, 5th November, 18124. Agreeable to notice mr. Stocks moved for the appointment of a committee to prepare and report a bill to admit Richard K. i lines and John S. Lewis to ptead and practice as attorneys, solicitors and proc- fprs in the several courts of law and equity in this s'ate. Ordered, that mes&rs. Stocks, Prince and Da vies be that committee. Mr. Prince notified the senate that he will after to day move for the appointment of a committee to prepare and report a bill to pro- vide for the trial of claims of slaves levied on under execution, and also to p epare and report a bill concerning elections. A message was brought from the house of representatives by mrv Dawson their clerk, informing the senate that the house of represen- tatives have passed a resolution that both branches of the general assembly will convene in the representative chauiber on Saturday next, at 11 o'clock A. M. for the purpose, of electing a brigadier- general of 'the first brigade of the second division, a brigadier-general of the second brigade of the second division, and a brigadier-general of the second brigade of the third division, to fill the several vacuo* cies in those brigades, as announced in the communication of his ex- •cellency the governor. Ordered that said message lie on the table. Mr. Allen presented a letter from major-general Wiley Thompson, announcing his resignation as major general of the fourth division of the militia of the state of Georgia. Which was read and laid on the table, Mr, Gilmer presented a petition from John Stewart of Oglethorpe county, which was read and together with accompanying documents referred to a committee consisting of messrs. Gilmer, Holt and Stocks. Agreeable to notice mr. Allen moved for the appointment of a comr mittee to prepare and report a bill to be entitled an act to amend an act to appoint commissioners for the better regulation and govprnr rpent of the town of Emberton. Ordered, that messrs. Alien5 Jones and Gamble be that committee.. Mr. Beal! notified the senate that after to-day he will move for the appointment of a committee to prepare and report a bill to be entitled an act to incorporate the Wilkinson county academy. Mr. Stocks presented a printed memorial from the president of the steamboat company of the state of Georgia, which was read and re- ferred to the joint judiciary committee. Mr. Stocks presented a communication from George II Clayton, Esq. treasurer of this state, accompanied with a statement of: the re- 36 4ieipts and payments at the treasury office, during; the political year 1824, which was read and referred to the joint committee on finance* On motion of mr. Gilmer, Resolved, That the president of the senate be authorised to assign a seat within the bar of the senate to any person or persons who may desire to report the proceedings and debates of the senate. Which was read and ordered to lie on the table. 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 be entitled an act to alter the time of holding the inferior courts in the •county of Jasper. Agreeable to notice mr. Strawn moved for the appointment of a committee to prepare and report a bill authorising the justices of the inferior court of Fayette county to convey to the trustees of the a ademv of said county a Jot of land on the west side of the towa .for the "purpose of erecting an academy thereon. , Ordered, that messrs. Strawn, Johnson and Wellborn be that com-, miitee. Mr. Stokes agreeable to notice moved for the appointment of a committee to prepare and report a bill to separate and divorce Betsey Brown and Henry P. Bro t?n her husband. Ordered, that messrs. Stokes, Sheffield and Hardee be that com- tnittee. Agreeable to notice mr. Da vies moved for the appointment of a committee to prepare and report a bill to be entitled an act to au- thorise James Cleland to plead and practice as an attorney and soli- citor in the several courts of law and equity in this state. Ordered, that messrs. Davies, Stocks and Sellers be that committee. Agreeable to notice mr. Davies also moved for the appointment of a committee to prepare and report a bill to be entitled an act t6 au- thorise the judge of the superior court for the eastern district toap- point a guardian or trustee for a woman of color named Rino. Ordered, that messrs. Davies, Blackshear and Holt be that com- uiittee. Mr. Cleveland notified the senate that he would after to-day move for the appointment of a committee to prepare and report a bill to in- corporate Clarkesville academy in the county of Habersham. Mr. Sellers notified the senate that after to day he.would move for the appointment of a committee to prepare and report a bill to au- thorise the justices of the inferior court of Henry county, out of any lands by them heretofore purchased for county purposes, and not otherwise appropriated, to convey to the trustees of the Henry coun y academy so much thereof as may by them be thought proper for th« purpose of erecting an academy edifice thereon. • CI** Mr. Cleveland notified the senate that ha would after to-day move for the appointment of a committee to prepare and repo i a bill to alter and amend the lit st section of the third ariiclo of the consti- tution. On motion, The hon. senator from the county of Newton was added to the committee on finance. The hon. senator from the county of Putnam to the printing com- mit'ee. Tne hon. senator from the county of Liberty fram the committee on banks—and The hon. senator from the county ot flail to the committee on pub- lie education and free schools, in the place of the hon. senator from the county of Wayne who was excused from serving on said com- mittee. The bill to be entitled an act to emancipate a certain colored man by the name of Henry, commonly called Henry Adams.—and The bill to be entitled an act to'give to master carpenters and mas- ter masons a lien on buildings erected by them in the town of Macon, were severally read the second ^tirne and ordsred for committee of the whole. . The act to alter and amend the second section of the second arti- cle of the constitution of the state of Georgia, was read the second time and ordered for a third reading to morrow. .. Mr. Jones from the committee appointed, reported a bill to be en- titled an act to grant temporary relief to the purchasers of fractions? lots and islands, winch was read the first time. The senate adjourned until to-morrow morning 10 o'clock? 8A TURD AI', 6th November, 1824. f)n motion, The hon. senator from the county of Wilkinson had leave of ab- ^ence until Tuesday next 10 o'clock, and The hon. senator from the county of Monroe had leave of absence until Tuesday evening next. Mr. Swain presented a memorial from sundry citizens of Emanuel county, which was read and referred to a committee, consisting of messrs. Swain, McCrunmon and Gilraore. The president laid before senate a written communication from William Triplett, esq. comptroller general, accompanied with docu- roents and an account of the receipts and disbursements at the trea- sury during the political year 1824. Which was read and referred to the joint committee on finance.. On motion of mr. Stocks, Resolved, That the communication of maj. gen. Wiley Thompson, announcing his resignation as major-general of the 4th division of the militia of this state, be referred to his excellency George M. Troup, commander in chief, and that he be requested to communicate to this legislature whether said resignation is accepted or not. The senate took up the resolution from the house of representa- lives appointing this day at the hour of 11 o'clock A. M. for the elec- tion of three brigadiers-ganeral. Which was read-— And on the question to concur therein, it was determined in the ne- gative. And the yeas and nays being required, are yeas 25—nays 28. Those who voted in the affirmative® are Messrs. Allen Bt own of Hancock Cook' Crawford Davies Gamble Gibson Gilmer Hardee Holt Jones Lampkin Little Lockhart Manghara Maxwell McKinnc Miller Montgomery Prince Rawls Sheffield Stocks Stokes Whitehead Those who voted in the negative are Messrs. Adrian McCrimmon Swain Baker Mitchell Taylor Ktackstone M< bley Tennille Bozeman Phillips Tignor Brown of Decatur Powers Walker Burney Ilemson Wellborn Cleveland • Sellers Wimberly Coffee Spann Woolen Gilmore Straw n Worthy Groves The senate took up the order of the day, and the act to alter and amend the second section of the second article of the constitution of' the state of Georgia, was read the third time. Whereupon, . Mr. Blackshear moved to lay the bill on the table for the presents, -and on the question it was determined in the negative. And the yeas and nays being required, are yeas 10—n Those who voted in the affirmative are Messrs* Baker Hardee Power 9 Blackshear Mangham. Taytor Brown of Hancock Max well Wimberly Crawford Those who voted in the negative, at e Messrs. Adrian Holt Remson Allen Johnson Sellers Blackstone Jones Sheffield Bozeman Lampkin Spann Brown of Decatur Li) tie Stocks Burney Lockhart Stokes Cleveland McCrirnmon Strawn Coffee McKinne Swain Cook Miller Tenniile Davies Mitchell Tignor Gamble Moblev Walker Gibson Montgomery Wellborn Gilmer Phillips Whitehead' Gil more Prince Woolen Groves Raw Is W orthy On t,h.e question, ' Shall this bill now pass ?' it was determined ia the affirmative. And the yeas and nays being required, (the president voting in the affirmative) are—yeas 47, nays 9. Those who voted in the affirmative are Messrs. President . Holt Remson Adrian Johnson Sellers Blackstone Jones Sheffield Bozeman Lamkin Spann Brown of Decatur Li? tie Storks Burney Lockhart Stokes ■ Cleveland Maxwell Straws Coffee McCrirnmon Swain Cook McKinne Tertfliiie. Crawford Miller Tignor Davies Mitchell Walker Gamble Mohley Wellborn Gibson Montgomery Whitehea* Gilmer Phillips W ooten Groves Prince Worthy Hardee Xiawls 40 Those who"voted in the negative are Messrs. Allen Brown of Hancock Powers Rker Gil more Tat lor Blaickslrear . Maugham Wimberly The bill to be entitled an act to grant temporary relief to the pur- chasers of fractions, lots and islands, was read the second time and ordered for committee of the whole. The senate resolved itself into committee of the whole on the bill to be entitled an act to emancipate a certain colored man by the name of Henry, commonly called Henry Adams, ir.r. Jones in the chair j the president resumed the chad-, and mr. Jones reported that they had gone through the same without amendment, The senate took up the report and agreed thereto. Whereupon, The said bill was read the third time— And on the question, "Shall this bill now passr" it was deter- mined in the affirmative. And the yeas and nays being required, (the president voting in the negative) are yeas 28, nays 26. Those who voted in the affirmative, are Messrs. Adrian Gamble McKinne Allen Gibson Miller Blackshear Gil more Montgomei Blackstone Holt Phillips Bozeman Johnson Sellers Burney Jones Stokes Cleveland Little Straw a C office Lockhart "Wellborn Cook McCrimmon "Worthy Davies Those who voted in the negative, are Messrs. President Maxwell Stocky IPaer Mitchell Swain Brown of Decatur Mobley Taylor Brown of Hancock Powers Teuuilie Crawford Prince Walker Glmer Raw Is Whitehead Gloves Ilemscn "Witnberly Hardee, Sheffield Wooten Maugham Spann The Senate resolved itself into a committee of the whole on the bill to be entitled an act to give to master carpenters and master, masons a lien on buildings erected by them in the town of Macon, mr« Black- shear in the chair, the present resumed,the chair, and mr. Black- fjhear reported the bill without amendment. 4i The Senate took up and agreed to the report, and the bill was read the third titne and passed. Mr. Stocks from the committee appointed, reported a bill to be en- titled an act to authorise cerlain.persons to plead and practice in the- several courts of law and equity in this state. Which was read the first time. Mr. Swain from the committee appointed, reported a bill to be en- titled an act to establish and regulate district elections in the county of Emanuel. Which was read the first time. Mr. Worthy from the committee appointed, reported a bill to be entitled aff act to continue id force an act passed 20th Of Nov. 1823; extending the time for taking out grants for land drawn in the two last land lotteries in this state, and to regulate the fees thereon, Which was read the first time. Mr. Allen from the committee to whom was referred the petition of Amos Richardson, reported as follows: That they have had the same under Consideration, and are of opinion that the prayer of the petitioner is reasonable and ought to be granted. They therefore beg leave to introduce the following resolution : Resolved by the Senate and House of Representatives, That Amos Richardson is entitled to the sum of dollars as a re mil- ne-ation for a horse, saddle, bridle and gun taken from him by the, enemy in the revolutionary war while in the service of the state of Georgia as a mounted soldier, and that the same be insertedjn the appropriation act. Which was read and and ordered to lie on the table. Mr. Davies from the committer appointed, reported a bill to be en- titled an act to authorise the judge of the superior court of the east- e. u district to appoint a guardian dr trustee for a certain woman of colcr named Rino, which was read the first time. On mofion of rnr. Sellers, Resolved, That the joint judiciary committee be instructed to en- quire into the expediency of providing by law for the compensating of grand and petit jurors. On motion, The honorable senator from the county of Habersham was added to the military committee—and The honorable senator from the county of Bibb to the bank com- mittee. Agreeable to notice mr. Cleveland moved for the appointment of a committee to prepare and report a bill to incorporate Clarksville academy in the county of Habersham. Sen. 6 42 Ordered, that messrs. Cleveland, Adrian and Strawn be fhrit coin^ mittee. Mr. Cleveland also agreeable to notice moved for the appointment of a committee to prepare and report a bill to be entitled an act to alter and amend the first section of the third article of the constitu- tion. Ordered, that messrs. Cleveland, Davies and Gilmer be that com- mittee. • Mr. Gilmer called up the resolution of yesterday authorising the president to assign a seat within the bar of the senate to a reporter or reporters of the proceedings and debates of senate. Which was amended to read as follows, and agreed t^. Resolved, That the president of the senate be authorised to assign a seat within the bar of the senate to messrs. Camak & Ragland for. the purpose of enabling them to report the proceedings and debates of the senate. Agreeable to notice mr. Worthy moved for the appointment of & committee to prepare and report a bill to be entitled an act to incor- porate the Gwinnett county academy. Ordered, that messrs. Worthy, Mitchell and Remson be that com- mittee. A message was brought 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 appointing a com- mittee to prepare and report a bill to apportion the representatives throughout this state, agreeable to the fifth census or enumeration as prescribed by the constitution, and have appointed a committee on their part consisting of messrs. Day, Pope, Law, Branhatn, Burnside, Pooler and Fort of Twiggs. k That they have added messrs. Fort of Baldwin and Lumpkin to the joiht judiciary committee. Messrs. Adams and Law to the committee on the state of the re- public. Messrs. Oliver and Crocker to the penitentiary committee,—-and Messrs. Holt, Ingersoll and Turner to the committee on agriculture: aed internal improvement,—and That the house pf representatives had passed the following bills, vrz» A bill to be entitled an act to pardon Thomas Franklin Hall of Chatham covnty,—and A bill to be entitled an act to extend the time to fortunate drawers in the land lottery by authority of the act passed on the 15th day of May, 1821, entitled an act to dispose of and distribute the lands lately acquired by the United States for the use of Geoigia of ti e Creek Indians, ike. and aisnto extend the time to fortunate drawers in the land lottery by authority qf an act passed J 5th of December, 1818, entitled an act to dispose of and distribute the late cession of. land 48 obtained from the Creek and Cherokee nations of Indians, by the Suited States, &c. and aUo to continue in force the present fees. And he withdrew. The senate took up the message and the bills therein contained were read the first time. Mr. Davies from the committee appointed, reported a bill to au- thorise James Cleiand to plead and practice as an attorney and soli- citor in the several courts of law and equity in this state, "which was read the first time. Mr. Davies from the committee appointed, also reported a bill to be entitled an act to prohibit the cultivation of rice within two miles of the limits of the City of Savannah in the county of Chatham, which Was read tbe fir^st time. Agreeable to notice mr. Prince moved for the appoinment of a com- mittee to prapare and report a bill to be entitled an act to provide for the trial of claims of staves levied on under execution, and also to prepare and report a bill concerning elections. Ordered, that messrs. Prince, Stocks and Little be that committee, The following communication was received from his exzellevicy the governor by his secretary, Mr. Wood. Executive Department, Georgia, > Miltedgeviile, 6thJYov, 1824. 5 I enclose additional returns received this morning from the presi- dent and directors of the state bank supplying certain deficiencies in the former ones. There not being time to copy them, the originals are sent to the house of representatives. Signed, G. M. TROUP, Which wa? read and ordered to lie op the table. . On motion, The hon. senator from Madison was added to the committee on public education and free schpols. ff?Mr. Bozeman notified the senate that he would after to day move for the appointment of a committee to bring in a bill to alter the time of the sitting of the superior courts for the co,unty of Baldwin. Mr. Allen notified the senate that he would aftpr to-day move for the appointment of a committee to prepare and report a bill to be en? titled an act to separate and divorce Lucy Hudson and Charles Hud- son her husband. Mr. Sellers from the committee appointed* reported a bill to be en- titled an act to incorporate the Henry county academy and to ap- 44 point1 trustees for the same, which was received and read the first time. Mr. Cleveland from a'committee appointed, reported a bill to be entitled an act to incorporate the Clarksville academy in Habersham county, which was received and read the first time. Mr. Jones notified the senate that he would after to-day move for the appointment of a committee to prepare and report a bill to repeal a law passed in the year 1817, prohibiting the introduction of slaves only on certain conditions. Mr. Taylor notified the senate that after to-day he would move for the appointment of a committee to prepare and report a bill to legitamatize, alter and change the names of Winney B. James F. and William A. Osborn to that of Winney B. James F. and William A. Nusom, it being the name of their reputed father. On motion, Thehon. senator from Jefferson had leave of absence for a few days. The senate adjoqrned till Monday morning 10 o'clock. MOJVDJl ¥, Stk November, 1 On motion, The senate reconsidered so much of their journal of Saturday last as relates to the disagreement of senate to the resolution from the house of representatives for the election of three brigadiers general. Ordered, that said resolution lie on the table. The president of senate being indisposed, the hon. senator from the county of Greene was nominated by him to act in his place as president in his absence. Mr. Lockhart from the committee on privileges and elections, re-v ported as follows, to-wit: The committee on privileges and elections beg leave to make a fur- ther report: Your committee have had faid before them, the election returns ,frotn the county of Appling, whereby it appears that Samuel E. Swil- ley and Philemon Bryan were candidates for the appointment of senator from the cour-ry ?dbre;.a)d for a seat in this branch of the ge- heral assembly, and that they had on equal and the highest number 45 of votes, and no evideice having been produced before your commit- tee to prove the illegally of any of said votes— Your committee beg leave to offer the following resolution : Resolved, That his (xcellency the governor be and he is hereby re- quested to issue a wrii of election to fill the vacancy occasioned by said tie in said county as soon as may be practicable. Which was read ant agreed to. The following communication was received from his excellency the Governor, by his seer tary mr. Wood, to wit: Executive Department, Georgia, > MiUedgeville, 8th JYov. 1824. y The resignation ot tnaj. gen. Wiley Thompson, commanding the 4th division of the miltia of this state, has been received and accepted. G. M. TROUP. On motion of mr. B&er, Resolved, That the committee on public education and free schools be requested to enqure into the expediency of enhancing the free school fund to five hurdred thousand dollars, with leave to report by bdl or otherwise. Read and ordered t< lie on the table. Agreeable to notice mr. Sellers moved for the appointment of a committee to prepare hd report a bill to be entitled an act to aufho- rise the justices of tie inferior court of Henry county, out of any lands by them heretfore purchased for county purposes and tiofc otherwise appropriate), to convey to the trustees of the Henry county academy so much theeof as may by them be thought proper for the purpose of erecting at academy edifice thereon. Ordered, that messg. Sellers, Walker and Coffee be that commit^ tee. Agreeable to noticemr. Allen moved for the appointment of a com- raittee to prepare and report a bill to be emitted an act separate and divorce Lucy Hudson ind Charles Hudson her husband. Ordered, that messn. Allen, Baker and Spann be that committee. Mr. Loekhart presetted a petition bom Dennis L. Ryan, executor of Philip Brantley defeased, praying the emancipation of three aged negroes, agreeably to the request contained m the last will of the said Brantley. v ' Which was read a,id referred to a committee coaastir g of meisrs. Loekhart, Montgom|ry and Cook. The senate took up the resolution from the house of representatives for the election of three brigadiers-general whkh was amended by striking out the word Saturday and inse tin^ Tuesday, and further amended by adding,(t and a major-generai to con maud the 4th divi- 46 slon of the militia of this state* in place of major general Wiley ^Thompson resignedand being read as amenied, was concurred in- Mr. Prince frojn the committee appointed, cported the following bills: A bill to be entitled an act to provide, for the trial of claims of slaves levied on under execution ; and A bill to be entitled an act concerning electons. Which were severally read the first time. Mr. Prince presented a petition from Cornelus Cohron, which was read and referred to a committee consisting ofinessrs. Prince, CJeve- land and Adrian. Mr. Sellers from the committee appointed, rported a bill to be eft titled an act to authorise the justices of the hferior court of Henry county to convey to the trustees of the Henry ounty academy a part of the lands heretofore purchased for countypurpoSes, for the pur- pose of erecting thereon an academy edifice. Which was read the first time. Mr. Maxwell notified the senate that he wtuld after to-day move for the appointment of a committee to prepae and report a bill to be entitled an act to lay out the county of Byan into election dis- tricts. Mr. Baker notified the senate that he would after to day move for the appointment of a committee to prepare aid report a bill to lay out the county of Liberty into election district, and to alter the place of holding the battalion and regimental mustes. Mr. Prince from the committee appointed o enquire what extent and what mode of relief will be proper for the:ounty of Bibb, report- ed as follows: That the committee have had under their serious deliberation the matters thus referred to them. To arrive at a fair and satisfactory view of the relative situation-of the county oBibb as compared with other new counties, and to enable the senate he better to judge im- partially of whatever peculiar claims it maybe said to have on the justice of the state, it may not be amiss to advert briefly to what would have been the present situation of that county if the public re- serves hud not been located within its limits. It is not perceived that the county can found any just claims tore- lief on account of the seat'of justice having beeV fixed at Macon by law, there being little doubt that it would have teen located there if it had been lefc at the discretion of the interim! court. But in that case, and supposing the land to have been owne'f by individuals, it is probable that the justices could have purchased! a sufficiency of land for the site for a sum which could hardly have exceeded g5C00 j and the whole amount of the proceeds of the lots after Jeductim- uch first cost, would have been applicable to county purposes. The 6U iots «1- ready gold average-$325 each-; the whole number lots is 458. If IT Independently | the opinion of yoi in a mere pecunis the county as will we strike off the four citire new lower ranges of squares, comprising 172 lots, as worth nothing, and estimate the residue of those unsold at only 8150 each, the; will amount to 833,900; which with 821.178 the amount of thtjse ahcady disposed gives the total of 855,078 as the probable proceeds. It is therefore evident, if these estimates are not above the truth of the case, (and it is believed they are much too low) that if the clunty lad been allowed as other counties have been, to purchase their lland at its market price, the county would have noW been in possessioit of funds and resources to an amount upwards of 550,000. It will be for the legislature to consider how far the com- munity of interests which exists between that county and the state ought in natural justice to operate as a misfortune to the former lovvever or the principles of abstract justice, it is in r committee important to the interest of the state hy po nt of view, to adopt such measures in aid of at tlje same time operate to promote the growth and prosperity of (he town. The state has at thid time unsold 398 town lots, and owns in the reserves that join and encompass them, about 22,000 acres of land. The future value of this property, ought in the opinion of your com- ttrittee to be estimated from two to four hundred thousand doiiars, as it may be enhanced by the prosperity and growth of the place or be depressed and diminished by the failure of its present prospects. The interest wh ch ti|e government therefore has in adopting and strenuously pursuing every such measure as will tend to cherish this town and advance its importance, by the attraction of population, by the increase of cap tal, imd by stimulating the activity of its trade, is so striking, that eonment is altogether unnecessary. Bat sd far is this from having been heretofore done, that your committee are con- strained to admit that the unity of its interests with those of the gov- crnment has thus mr operated greatly to its injury in various modes, besides the direct Joss of its funds as just mentioned. We wilt state some of theml There beiBg no lands to be purchased which lie nearer to the town than four or five miles, forms with some persons who wish for adjacent country establishments, a decisive objection to the purchase and mprovement of lots in the town; others are de- terred from the want of such schools «s would already have been in operation if the proceeds of the lots had, as in the other new towns in this state, been in part applicable to that object. The exclusion of settlers from an arei of six by five miles of extent in the heart of the country, throws the heavier burthen of taxation on the inhabitants of the residue. But above all; this last cause has kept down the popu- lation below thenunber of £000, so that for the next ensuiiig seven years that county, nw containing upwards of 1900 persons, will be restricted to one member in the house of representatives. The current years revenues of the reserves which was allotted to , that county at the lapt session, has yielded' in gross amount, as your committee are informed, about S4000, none of which is yet due. It is believed that when the jail now building shall have been paid for, and the arrearages tootheh counties, and the current cxpences of the year rue discharged, this sum will be exhausted. A court-house is still to be built; nifie or ten public bridges are, some of them to be built 48 principles of com- interest which the he county of Bibb 'e from its local si- sttid all of them to be kept up; a mile or thereiboutjof causeway is to be constructed a»d kept in repair, besides th; other usual and inci- dental county charges to be defrayed by a pofjulatidn not able to pay a heavy tax, and who are excluded by the government from the best lands in the county. Andthis land moreover djiiy rising in the value to the government from the labour and improvements of the inhabitants around it, and from every public civil or commercial improvement, some of which they are new endeavoring to effect. Your committee are therefore of opinion, that the mon justice, as well as that deep and immediate state has in the destiny of the town of Maconj that be allowed to retain some of the benefits thataccrif tuation, and of such a kind as being permanent, in its nature will ^f- ford a correspondent permanent relief. Your committee are not aware that this ea t be tone In any mode so- . beneficial to the county, and at the same time' so likely to improve the town of Macon and enhance the value of he public property there, as by permitting them to build a bridge at jhat place, and allowing them to receive a specified toll thereat, so 16ng as they may keep it UP; , . The situation ol a town on each bank readers a bridge almost in- dispensable. The local authorities being at the ?pot can better su- perintend its erection and repairs and collect the tolls, and on the whole will render it much more productive to hem than it could ever be to the state. And finally, the state will, as owner of the lots and lands contiguous, largely participate in the tenefi-ts that will ac« crue from that as well as the other improvements >f the town I. will be seen that by the act of Dec. 1805, the inferior emit are already au-. thorised to erect the bridge in question-, subject os|ly to any future ai- terations in such establishment as the legislature^ may deem proper. It can hardly be supposed, that under this claim,/reserving the * v,-ht of alteration, the legislature would, if they had built it, taken it from them. A declaratory act stating explicitly, that which is now in sub- stm ce fairly implied, and thus assuring the couniy that this claim *vdl never be wrested to their prejudice, is the extent and mode of relief which your committee would specifically recommend. They therefore beg leave to report the following bill. Whereupon, mi*. Prince reported a bill to be entitled an act to re- lievc the county of Bibb, and explanatory so far as respects the coun- ty of Bibb, of the first section of an act entitled an act authorising the inferior courts in each county to establish femes and bridges, and such rates for crossing thereat as may appear reasonable, and to au- thot ise the erection of a toll bridge on Canoutuee in Liberty county, passed the sixth day of December 1805. j Which was read the first time. I Mr. Stokes from the committee appointed, reported a bd rate and divorce Betsey Brown and lieuiy Jp. Brown her «ui ji which was read the first time. «°pa- irid. Mr. Gilmer from the committee to which-was referred ;; e >c n of general John Stewart, reported a bdi to be entitled an -ret in quiet 49 the claim" of general John Stewart to the rights, benefits and privileges of a shoal on the Oconee river, adjoining fraction No 466 in the 2d district of the county of Baldwin at the time of the grant, now Put- nam county, which was read tire first time. Mr. Allen from the committee to whom was referred the'petition of James Dudley, reported a bill to be entitled an act to alter and amend an act entitled an act for the relief of James Dudley, which was read the first time. Mr. Powers notified the senate that he would after to day, move for the appointment of a committee to prepare and report a bill to revise and amend the several land aets now in force in this state in relation to head rights and bounty warrants. Mr. Strawn notified the senate that he would after to-day move for the appointment of a committee to prepare and report a bill to incorporate the academy of Fayette county and appoint trustees of the same. Agreeable to notice mr. Jones moved for the appointment of a coift,- miltee to prepare and report a bill to be entitled an act to repeal & kw passed in the year 1817, prohibiting the introduction of slaves only on certain conditions. Ordered, that messrs. Jones, Blackshear and Lockhart be that coin- mittee.^ Agreeable to notice mr. Taylor moved for the appointment of .a committee tq prepare and report a bill to legitamatize, alter and change the names of Winney B., James F. and W illiam A. Osburn, to that of Winney B., James F. and William A. Nusora, it being the name of their reputed father. d. Ordered, that messrs. Taylor^ Wimberly and Ralls be that com- jnaittee. Mr Lockheart notified the senate that he would after to day mov£ for the appointment of a committee to prepare and report a bill to divorce Marv Ray and John Ray her husband. Mr. Miller notified the senate that after'to-day he would move fo the appointment of a committee to prepare and report a bill for tie appointing trustees of Rabun county academy and to incorporate the same. Mr. Worthy from the committee appointed, reported * to be entitled an act to incorporate the Laurenceville academy in the county of Gwinnett and to appoint trustees for the same, which \yas read the first time. The following bills were taken up, read the second time and order- od for a third reading, viz: A bill to be entitled an act to incorporate the Cl/rksville academy fa Habersham county,—and Ben. 7 50 A bill to~be entitled ah act to authorise the judge of the superior court of the eastern district to appoint a guardian or trustee for a certain woman of color named Rino. The following bills were taken up, read the second time, and or- dered for committee of the whole, to-wit: , A bill to be entitled an act to extend the time to fortunate drawers in the land lottery, by the authority of the act passed on the fifth day of May, 1821, entitled an act to dispose of and distribute the lands lately acquired by the United States for the use of Georgia* of the Creek Indians, &c. and also to extend the time to fortunate draw- ers in the land lottery by authority of an act passedon the 15th day of December, 1818, entitled an act to dispose of and distribute the late cession of land obtained from the Creek and Cherokee nations of Indians by the United States, &c. and also to continue in force the present fees. A bill to be entitled an act to pardon Thomas Franklin Hall of Chatham county. A bill to be entitled an act to incorporate the Henry county acad- emy and to appoint trustees for the same. A bill to be entitled an act to establish and regulate district elec- tions in the county of Emanuel. / A bill to be entitled an act prohibit the cultivation of rice within two miles of the limits of the city of Savannah in the county of Chatham. - * A bill to be entitled an act to authorise James Cleland to plead ®nd practice as an attorney and solicitor in the several courts of law and equity in this state,—and A biil to be entitled an act to authorise certain persons to plead and practice in the several courts of law and equity in this state. The senate resolved into committee of the whole on the bill to be entitled an act to grant temporary relief to the purchasers of fractious, lots and islands, mr. Brown of Hancock in the chair. The president resumed the chair and mr. Brown reported progress and requested leave to sit again. The senate took up and agreed to the report. Mr. Allen from the committee appointed, reported a bill to be en- ytled an act to separate and divorce Lucy Hudson and Charles Hud- soni,er husband, which was read the first time. Mr. Bozfcwan notified the senate that he will after to morrow move for the appointment of a committee to prepare and report a bill to continue in force for a limited time an act passed at the last session*, entitled an act to revive and continue in force an act entitled an act to extend the time of taking oat grants on surveys made on head rights and bounty warrants. •Adjourned until 10 o'clock to-morrow morning.' u TUESDAY, 9 th November, 18244 Mr. Hardee notified the senate that he would after to-day ask leave to introduce a bill to proportion the hands liable to road duty so far as respects the county of Camden. The president laid before senate a memorial from Eli MtConnel of the county of Hall protesting against the constitutionality of the right of the honorable senator from said county retaining his seat in the senate of this state, which was read and referred to the commit?- tee on privileges and elections. On motion, '' Document No. 13, heretofore referred to the committee on finance was referred to the committee on privileges and elections. On motion, Resolved, That a committee be appointed to examine the engrossed journals of senate and see that they are correctly engrossed. Ordered, that messrs,. Holt, Burney, Baker, Powers and Coffee be that committee. Mr. Swain from the committee appointed, reported a bill to be en- titled an act to keep open, remove and prevent obstructions in the Ohoopie river calculated to prevent the free passage of fish of said river so far as respects the counties of Tatnall, Montgomery and Emanuel, which was read the first time. Mr. Crawford introduced a resolution in favor of John Keiener of Bibb county, which being read was ordered to lie on the table. Agreeable to notice, mr, Lockhart moved for the appointment of a committee to prepare and report a bill to be entitled an act to divorce Mary Ray and John Ray her husband. Ordered, that messrs. Lockhart, Jones and Wellborn be that com* mittee. Agreeable to notice mr. Beall moved for the appointment of a com- mittee to prepare and report a bill to be entitled an,act to incorpo-t rate the Wilkinson county academy. ^ Ordered, that messrs. Beall, Groves and Gibson be that committee; Agreeable to notice mr. Miller moved for the appointment of a committee to prepare and report a bill to be entitled an act to ap- point trustees of Rabun county academy and to incorporate the same. Ordered, that messrs. Miller, Taylor and Hardee be that committee. Agreeable to notice mr. Strawn moved for the appointment of a committee to prepare and report a bill to incorporate the academy of Tayette county and appoint trustees of the same.. m Ordered, that messrs.Strawn, Johnson and BlaGkstone be that comt mittee. Agreeable to notice tnr. Powers moved for the appointment of a committee to prepare and report a bill to revise and amend the seve- ral land acts now in force in this state in relation to head rights and bounty warrants. Ordered, that messrs. Powers, Rawls apd Mitchell be that com- mittee. Agreeable to notice mr. Maxwell moved for the appointment of a committee to prepare and report a bill to be entitled an act to lay out. the county of Bryan into election dismcts. Ordered, that messrs. Max well, Davies and McKinnee be that com? mittee. On motion of mr. Davies, Resolved, That the joint committee on public education and free Schools be instructed to enquire into and report upon the propriety of making some pecuniary allowance to the Savannah free behoof society of Savannah with leave to report by bill or otherwise. Mr. Prince from the committee to whom was referred the petition, of Cornelius Coliron reported— That they have had the same under consideration, ar.d are of opin- ion that some compensation is due tq the said petitioner. They there- fore recommend the following resolution. Resolved, That the sum of ' be inserted in the appro? nidation of act of the present session, as a temporary relief of the said Cornelius Cahron as a remuneration and reward in part for his for? mer losses and services. r Ordered to lie on the table. The senate resolved itself into a committee of the whole, mr. Holt in the chair, upon the bill »to be entitled an act to pardon Thomas Franklin Hall of Chatham county; and having spent some time therein, mr. President resumed the chair, and mr. Holt from the com*- puttee reported progress and had leave to sit again. A message from the house of representatives by mr. Dawson theft ' derk, to-wit i Mr, President, ' Tne house of representatives have passed the following bills? to- wit t A b'll to be entitled an act to alter and amend an act entitled an act to r emove the court house or the site of the public buildings in the country of Wayne, passed the 10th December, 1823. A bill to the entitled an act to establish a ferry on the Alatamaha at the place called Man's ferry in the county of Apphng, 53 A bill to be entitled an act to establish an engine company in the- city of Darien,—and A bill to be entitled an act to define an act entitled an act to au- ihorise the enforcement of the patrol law in the city of Savannah in certain cases therein mentioned. The house of representatives have agreed to the amendments of senate to the resolution of the house relative to the election of cei> tain generals. They have agreed to a resolution authorising the commitee on the state of the republic to send for persons and papers relative to the memorial of the steamboat company. To which they desire concurrence. I am also directed to inform the senate that the house of repre- sentatives are now ready to receive them in the representative cham- ber for the purpose of proceeding by joint ballot to the election of three brigadiers and one major general, agreeable to a joint and corK curred resolution of both branches of the general assembly. And he withdrew. Whereupon the president and members of the senate repaired to the chamber of the house of representatives, and being seated, botfcr branches of the general assembly proceeded by joint ballot to the .election of a brigadier general of the first brigade of the second di- vision of the militia of the state of Geoigia. And on counting out the votes it appeared that Wm. W. Montgomery was duly elected. They then proceeded to the election in like manner of a briga- dier-general of the second brigade of the second division of the mi- litia of the state of Georgia. And on counting out the votes it ap* peared that Anderson Abercrombie was duly alected. They proceeded in like manner to the election of a brigadier-geae- ral of the second brigade of the third division of the militia of the state of Georgia. And on counting Out the votes it appeared that Thomas Dawson was duly elected. They then proceeded in like manner to the election of a major- general to command the fourth division of the militia of the state or Georgia in the place of major general Wiley Thompson resigned. And on counting out the votes it appeared that John A. Heard Was fluly elected. The president and members of senate returned to the senate cham-" ber'—and Thp senate adjourned until to-morrow morning 10 o'clock.- 54 WEDNESDAY, 10th November, 183& On motSwi, The hon. senator from Houston had leave of absence a few days, Mr, McKinne presented the petition of Stephen Pierce addressed to the honorable the senate and representative branch of the legisla- ture of the state of Georgia, praying to run a line ot stages from Sa- Vannah to Augusta, which was read and referred to a committee con- sistingof messrs. McKinne, Davies, Powers, Whitehead* and Walker. The senate again resolved itself intp a committee of the whole, upon the bill to pardon Thomas Franklin Hall of Chatham county* mr. Holt in the chair ; mr. president resumed the chair, and mr. Holt r6ported that they had gone through the bill without amendment. The report being agreed to, The bill read the third time-— And on the question, " Shall this bill now pass P it was deter" mined in the affirmative. And the yeas and nays being required, are yeas 47"—nays 6» Rawls Remson Sellers Sheffield Spann Stocks Stokes Strawn Swain Taylor Tennjlle Walker Wimberlv Worthy * Whitehead Wooten The following communication was received from his excellency the governor, by his secretary mr. Wood. Those who voted in the affirmative are Messrs, Adrian Gilmore Allen Groves Baker Hardee Beall • Holt Blackshear Johnson Biackstone Jones Bozeman Little Brown of Decatur Lockhart Brown of Hancock Maxwell Burney McCrimmon Cleveland McKinne Coffee Miller Crawford Mitchell Davies Montgomery Gibson Phillips Gilmer Powers Those who voted in the negative, Messrs. Cook Prince Mobley Tignor 55 Executive Department, Georgia, , ^ Milledgeville, 10th Nov. 1824. ^ To the honorable the President And Members of the Senate. I transmit to the legislature an additional return of the Planter's Bank, received yesterday. The original is inclosed to the house of representatives. Signed, G. M. TROUP. Which being read was referred to the committee on banks. Mr. McKinne notified the senate that on to-morrow he would move for the appointment of a committee to prepare and report a bill to be eutitled an act to alter and change the name of John Early W. Pies* kett to that of John Early W. Oliver. Mr. Blaekshear had leave to report instanter, a bill to be entitled an act to vest the powers of the commissioners of the court-house and jail of Laurens county in the inferior court of said county. Which 4vas read the first time. Mr. Beall from the committee appointed, reported a bill to be en- titled an act to appoint trustees of the Wilkinson county academy .and to incorporate the same, which was read the first time. Mr. Maxwell from the committee appointed, reported a bill to be entitled an act to establish and regulate district elections in the county of Bryan, and to punish those who mpy attempt to defeat the same, which was read the first time. The senate took up the message from the house of representatives, of yesterday and tne resolution authorising the committee on the* .state of the republic to send for persons and papers relative to the memorial of the steam boat company, was read and concurred in, and the bills therein contained were severally read the first time. The following message from the house of representatives was re* ceived by mr. Dawson their clerk. Mr. President, The house of representatives have passed the following bills i A bill to be entitled an act to incorporate the Houston county aca« demy, and to appoint trustees for the same. A bill to be entitled an act to legitamatize and change the names of certain persons therein mentioned. A bill to be entitled an act to add two additional places of election in the county of Glynn for the greater convenience of ajl the citizens thereof. 56 A bill to be entitled an act to incorporate the town of Perry in the county of Houston and to appoint commissioners for the same, and A bill to be entitled an act to make valid certain grants to land lying within certain reservations taken and held under and by vir~ £ue of the late treaties between the United States and the Cherokee Ration of Indians. To which they desire concurrence. And he withdrew. The. senate took up the message and the several bills therein con- tained, and were read the first time. The following bills Were read a second time, and ordered for a third Reading, to wit: A bill to be entitled an act to authorise the justices of the inferior court of Henry county, to convey to the trustees of the Henry county academy a part of the lands heretofore purchased for county purpo* ses, for theporpose of erecting thereon an academy edifice; and A bill to be entitled an act to incorporate the Lawrenceville acade- Vny in the county of Gwinnett, and to appoint trustees for tne same. * The following bills were read a second time, and ordered for a committee of the whole too und -cb the same to the oiuesfc colonel's regiment in said »' runty ui, cer- tain regulations A bill to oe entitled an act to lay out a read in tiie eeuaty of am- den and to appoint commissioners for the same,-—mu A biii U} ne entitled an act to incorporate the V* a'nut,Creek Lap- tist chur; h in the county of Jones. The house of representatives have passed resolutions confirming the executive appointments made during the last pclhieal year. And he-withdrew. The senate took the reconsideration of yesterday on the resolution that all bills tor incorporating county academic* be couin uted to a committee composed of the members from the counties who have pre- sented or may present such bills, and that Ihey be instructed to con- solidate the same and report one general bill for that purpose. Which was read—.and • Mr. Crawford proposed the following in.lieu thereof, viz : Eesalved, That all bills presented to the senate for incorporating county academies be referred to the joint committee on public educa- tion and free schools, with instructions to enquire whether all dona- tions by the state and individuals, and all property real and personal held by county academies fe or is not fully and completely vested ia the trustees of county academies as a body corporate, with full and ample powers for the protection of the same under-the charter of the 27th January, lTt>5, and subsequent acts passed relative to the University and county academies, and that they.be instructed to re- port a general bill for securing property in the possession or here- after may come into the possession of the trustees of county acade- mies, if they fmd that the laws on this subject are -detective. Which was read, Mr. Beall then proposed to amend the same by adding, " And that tliey be instructed also to enquire into the expediency ®f repealing ali the laws m this state incorporating academies. . Whereupon, On motion of mr. Sellers, i Besomed, That the said resolution together with the proposed, amendments lie on the iable the balance of tlu.. session. The following bids were taken up, read the second time and orc!< rt ed for a third reading, y.z : 67 A biU to be. entitled an act to incorporate the Houston county .{£Cedennv and to appoint trustees for the same. V b;h to be entitled an act to incorporate the academy of Rabun counfv a?ifi to appoint trustees for the same. . A oil! lo be entitled an act to appoint trustees of the Wilkinson Co. nty academy and to incorporate the same. \ bid t(> be entitled an act to authorise the justices of the infe- rior court far the eouLty of Fayette out of any lands by them here- tofore purchased for county purposes and not otherwise appropriated to co.nvev to the trustees of Fayette county academy such portion they'd as m' dered for committee of the whole, to-wit: A bill to be entitled an act to repeal a law passed in the year 1817, prohibiting the introduction of slaves only on certain condi- tions. • * A bill to be entitled an act to carry into effect the last will and testament of Phillip Brantley, deceased, so far as to muariumit and set free three negroes by the names of Old Ben Lizzy and Old Milly. And a bill to be entitled an acf for the relief of* Thomas Foley. The following bills were taken up, read the third time and passed viz: . A bill to incorporate the Clarksville academy in Habersham county. A bill to be entitled an act to incorporate the Lawrenceville acade- my in the county of Gwinnett, and to appoint trustees lor toe same. A bill to be entitled an act-to kgitamatize and change the names of certain persons therein mentioned. v A bill to be entitled an act to define an act entitled an act to au- fhorisethe enforcement of the .patrol'law in the city of Savannah in certain cases therein mentioned. And a bill to vest the powers of the commissioners of the court- house and jail of Laurens county in.the.inferior court of said county. The bill to alter and amend an act entitled an act to remove the. cOurt house or the site of the public buildings in the county of Wayne, passed the lQth December, 1823, was read thp third time. Whereupon a memorial from the citizens of Wayne county Being read, the bill was ordered to lie on the table for the present. The senate resolved itself isto committee of the whole, on the bill 1o be entitled an act to incorporate the Henry county academy and imappj)int trtfetees for the same, mr» Woolen in the chair; the pre- sjdent resumed the chair and n*\ Woolen reported the bill with amendments. The senate took up 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, on the bill to separate and divorce Betsey Brown and Henry P. Brown her husband, mr. Cook in the chair. The president resumed the chair and mr. Cook reported the bill without an amendment. The senate took up-and agreed to the report. .The bill was read the third time— And on the question, if Shall this bill now pass if the yeas aM nays being required, are—yeas 28, nays 22. - Those who voted in the affirmative, are Messrs. Allen Johnson Stocks Baker Jones Stokes . Beall Lampkin Strawn Bozeman Lockhart Swain Brown of Hancock McKinne Tennille Burney Mitchell Tignor Coffee Phillips Walker discharge females from the performance of patrol duty. On motion, The hon. senator from DeKalb had leave of absence a few days. The hon. senators from Washington and Decatur had leave of ab~ sence until Monday next. Mr. Prince had leave to introduce instanter, a oil! to !>e entitled an act explanatory of an act for laying out a town on the Ocmulgee river and for other purposes, passed the £3d December 18.22, which was read the first time. On motion, The hon. senator from the county of Jasper had leave Of absence until Wwlnesday next; and The hon. senator from the qounty of Chatham had leave .of absence for a few days. * Mr. Montgomery presented the petition of a number of citizens of Jackson county, praying the incorporation of a female academy in said county, to be styled the Harmony Grove Female Academy, which was read and referred to a committee consisting of mcssrs. Mont* gomery, Groves, pnd Little. Mr. Hardee from ipo joint committee on printing, reported, That they have contracted with Camak & Ragland -for the pifcif- ing copies of the laws which may be passed the present session of the legislature at two and one-ninth cents per sheet of eight octavo pages—dor printing copies of the journals of each branch of the General Assembly at one and eight tenths of a cent per sheet ef eight octavo pages, and the printing which may be ordered during the present session, on the same terms that it was done the Ja3t session. The laws to be delivered by the first of February, the - journals by the 1st of March next; tor the performance of which they are ready to give bond and security. All of which is respectfully submitted. Head and ordered to lie on the table. Mr. Lampkin laid on the table the following resolution : Resolved, That his excellency the governor be, requested after the first day of June next to send some competent mathematician to ex- amine thp first district of Dooly,, and report whether the same has 70 been surveyed according to law, and if it is found not to be surveyed, bis excellency is hereby requested to have it surveyed. Agreeable to notice, mr. Hardee reported a bill to be entitled an act to relieve the inhabitants of Little Satilla or Hardee's Neck, i(i the county of Camden from working or performing road duty on the post road, and to approint commissioners for the same, also to compel! all persons within said limits to work on the same. Which was read th.e first time. Mr. Swain from the committee appointed reported a bill to be enti-, tied an act to authorise the trustees and commissioners of Emanuel county acadeihy to establish free schools ifi said county, which was read the first time, ' Mr. Tignor from the committee appointed, reported a bill to be entitled an act to vest in the academies of certain counties, one-half of certain lots of land, which was read the first time. Mr. Allen from the joint committee'on internal improvement, to whom was referred the correspondence of the governor with the pre- sid«nt of the United States, in which he requests that Georgia may participate with other states in the advantages of the apt of the 30,th of April last, authorising the president to procure the necessary sur- veys, plans and estimates for roads and canals, reported, That they had the same under consideration,and although they be,- lieve that little or no benefit will accrue to this state from the appro- priation made for the purpose of carrying said act into effect, yet as a further appropriation may be made at the next session of Congress for the same purpose, they would recommend that the governor continue to press the claims of the state, should a further appropriation be made. Ordered to lie on the table. The senate took up the resolutions requesting the governor as early as is convenient to open a correspondence with the general govern- rnent and the government of Florida if necessary, on the subject of establishing permanently the line dividing this state from this state from Florida, and to take all measures necessary to accomplish this object. Which was read and agreed to. Mr. Prince notified the senate that he would after to-day move for the appointment of a committee to prepare, and report a bill to fix the times for the sitting of the superior and inferior courts of the Fiint circuit. Mr. Little notified the senate that after to-day he would move for the appointment of a committee to prepare and report a bill to be entitled an act to establish and fix the name of the academy at Carnes- vijle in Franklin county, and to incorporate the trustees thereof. i 1 Mr. Spann presented the memorial of Othn'eil Weaver, praying the emancipation of ten negroes, which was read and referred to a com- mi.ttee consisting of messrs. Spann, Beail and Swain. Mr. Cleveland from the committee appointed, reported a bill to be entitled an act to -amend the third section of the act regulating the general elections in this state, and appointing the time of the meet- ing of the General Assembly passed the 11th February 1799, 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 to authorise Daniel R. W. McRae to plead and practice as an attorney and solicitor in the courts of law and equity in this state. The following bills were taken up read the second time, and or- dered for a third reading, viz : • A bill to be entitled an act to establish district elections in the county of Dooly, atfd to punisli those who may attempt to defeat the same. • A bill to alter the name of Lewis Berrien Ilill to Lewis Berrien Floyd; and A bill to make permanent the site of public buildings in the coun- ty of Decatur, &c. The following bills were taken up, read the second time and ordefe* (id for committee of the whole, to-wit: . A bill to legalise the acts of all the deputy clerks of the superior courts under the age of .twenty-one years. A bill to Compel tax collectors in the several counties of this state to attend the general elections for the purpose of preventing improper vote9j and A bill more fully to carry into cffectanact to prevent obstructions to the passage of fish in the Ocmulgae river and its branches, passes!, on the 25.i.h day of December 1821. The following bills were taken up, read the third time raid passed/.. A bill to alter and change the name of John Early W. PreSkUt to thai of John Early W. Oiiver. A bill to appoint trustees of the Wilkinson county academy and to incorporate the same. A bill to be entitled an act to incorporate the Houston county aca demy, and to appoint trustees for the same. A bill to incorporate the academy of Rabun county, and to appoint trustees for the same. Abiil to authorise the justices of the inferior court for the county of Fayette out of any iajmis by them heretofore purchased for county purposes and not otherwise appropriated to convey-to the trustees of the Fayette county academy such portion thereof as may be deemed necessary for the purpose of erecting an academy edifice thereon. 72 And a bill to legitimate arid change foe names of Winney B. James F. and William A. Oshorn to that of Winney B. James F. and Wil- liain A. Nusotni Mr. Prince laid on the table the following resolution : I Whereas the maps of the districts in the last purchase are soihe of Dhem so torn and muttilated as to be useless. Resolved, That his excellency the governor be Requested to appoint one or more persorfS to transcribe said maps or as many of them as in the opinion of the surveyor-general may require it. On motion, • Resolved' That the joint judiciary committee be instructed to in- quire into4he expediency of allowing such fees as may seem reason- able to justices of the peace and constables for the several additional duties imposed on them by law, since the passage of the law estab- tishing the fees of those officers. Mr. Powers from the committee appointed, reported a bill to ameml the several land acts now in force in this state in relation to head rights and bounty warrants. The senate resolved itself into committee of the whole on the bill to be entitled an act for the relief of Thomas Foley, mr. Gilmore in the chair. The president resumed the chair, and mr. Gilmore re- potted the bill without amendment. 'the senate took up and agreed to the report. And the bill was read the third time and passed. The senate resolved itself into committee of the whole on the bill to be entitled an act to incorporate the Oarien lire engine company, mr. Cleveland in the chair. The president resumed the chair and mr. Cleveland reported the bill with amendments. The senate took up and agreed to the report. And the bill was read the third time and passed. The senate resolved itself into committee of the whole on the bill to be entitled an act to establish and regulate district elections in the county of Bryair and punish those who may attempt to defeat the same, mr. Crawford in the chair. The president resumed the chair, and mr. Crawford reported Ihebill with amendments. The senate took up and agreed to the report. And the bill was read the thud time and passed: The senate resolved itself into committee of the whole on the bill to be entitled an act to repeal.a law passed in the year 1817, prohi- biting the introduction of slaves only on certain conditions, mr. Bur- bey in the chair. The president resumed the chair, and mr. Burney reported the bill with an amendment. The senate took up and agreed to the report. The bill was read the third time— 73 , And on the question,' Shall this bill now pass P it was deteimfegii in the affirmative. And the yeas and nays being required, are—yeas 33, nays 1* Those who voted in th£ affirmative are Messrs. aker Jonca Rawls Blackshear Lamkin Retnson Burney Little Sellers Cleveland Lockhart Sheffield Cook McCrimmon Spann Crawford McKinne Stokes Gibson Miller Strawn Gilmer Mitchell Taylor Gi smore Mobley Tignor Groves Phillips Wooten Hardee Priupe Worthy Those who voted in the negative, are Messrs. Alien Mangham Stocks Beall Maxwell Swain Bozeman Montgomery Walker Brown of Hancock Powers Whitehead Coffee Thesenate again resolved itself into a committee of the whole upon the bill to be entitled an act to establish and regulate district elec- tions in the county of Emanuel, rar. Sellers in the chair, 'yhe pre- sident resumed the chair; and mr. Sellers reported the bill with amend- meut. The senate took up and agreed to the report. And the bill was read the third time and passed under the title of a bill to be'entitled an act to layoff Emanuel and Tattnall counties into election districts. A message was brought from the house of representatives by tor. Dawson their clerk, informing the Senate, that the house of represent tatives have passed the act to alter and amend the second section of the Second article of the constitution. And that they had given leave of absence to the clerk of the house of representatives for a few days, and had appointed Alfred B.Holt clerk pro tem. The senate took up the message of the house of representatives of yesterday and concurred in the resolutions confirming the executive appointments made during the last political year, and the several bills contained in said message were read the first time. Mr. Montgomery from the committee appointed reported a bill to incorporate the female academy at Harmony Grove in Jackson county, which was read the first time. Sen: 10 Agreeable to notice mr; Baker moved for the appointment of a committee to prepare and report a bill to lay out the county of Lib- fejty into election districts and to alter the place of holding baitallion and regimental musters. Ordered, that messrs-Baker, Maxwell and Mangham be that com- mittee. Mr. Stokes from the joint committee on enrollment reported as duly enrolled and signed by the speaker of the house representatives an act to extend the time to fortunate drawers in the land lot'.eey by the authority of the act passed on the fifteenth day May 1821, entitled" an act to dispose of and distribute the lands lately acquirers by the United States for the use of Georgia of the Greek Indians, &e. and also to extend the time to fortunate drawers in the land lottery by authority of an act passed on the 15th day of December 1818, enti- tied an act to dispose of and distribute the late cession of land ob* tained from the Creek and Cherokee nations of Indians by the United States, &c. and also to continue in force the present fees upon the grants. Which was presented to and signed by the president of senate. Ordered that the committee on enrollment do carry said ect to his excellency the governor for his assent. The senate adjourned until Monday morning, 10 o'clock. MGNBJ1Y, wVou. 15th, 18-24., Mr. McKinne from the committee appointed, reported a bill to au* thorise William Smith to erect abridge across the Beaverdam creek in the county of Striven, on the road leading from Savannah to Au- gusta, which was read the first time. Mr. Bozertulnfrom the committee appointed, reported a bill to al- ter ,rod fix the time of holding the superior court of the county of Baldwin in the Ocmulgee circuit, which was read the first time. The senate took up the report of the joint committee on printing whic h was read and agreed to, and is as follows . They have contracted with Camak & Ragland for the printing of 2.500 copies of the laws which may be passed the present session of the legislature, at two and one-ninth cents per sheet of eight octavo pages—for printing 2,000 copies of the journals of each branch of dte General Assembly at one and eigi)t-tenths of a cents pe«- sheet of eight octavo pages—and the printing which may be ordered during the 75 present session on the same terms it was done the last session. The laws to be delivered by the 1st of February, the journal* by th l»* of March next, for the performance of which they are ready togive bond and security. All of which is respectfully submitttd. On motion of mr. Swain, Resolved, That the senate and house of representatives of the state of Georgia wili adjourn sine die on the eleventh day of Dec. next. Which was read and ordered to lie on the table. Mr. Worthy notified the senate that after to-day he would move for the appointment of a .committee to prepare and report a bill to alter and amend an act passed the 8th day of December 1823, to regulate general elections, so far as respects the county of Gwinnett. Agreeable to notice mr. Spann moved for the appointment of a committee to prepare and report a bill to authorise Daniel R W. Mc- Rae to plead and practise as an attorney and solciitor hi the courts of law and equity in this state. Ordered that Messrs. Spann, Brown and Taylor be that committee. Agreeably to notice, Mr. Prince moved for the appointment of a committee to prepare and report a bill to discharge females from the performance of patrol duty. Ordered, that messrs. Prince, Adrian and Gamble be that commit- tee. The senate took up the report of the joint committee on internal improvement, which being read was agreed to. Agreeable to notice mr. Prince moved for the appointment of a. committee to prepare and report a bill to fix the tiroes of the sitting of the superior and inferior court of the Flint circuit. Ordered, that messrs. Prince, Tignor, Jones, Gibson and Sellers be that committee. Mr. Gamble notified the senate that after to day he would move for the appointment of a committee to prepare and report a bill to be entitled an act to appoint county treasurers, and to define their du- ties, The senate took up the resolution requesting the governor to send some competent mathematician to examine the first district of Dooly, and report whether the same has been surveyed according to law, which was read and ordered to lie on the table. Mr. Gilmore had Icp.ve to introduce instanter, a bill to authorise James Kemp to keep up a ferry across the Altamaba river, which, was read the first time. Mr. Strawn from the committee appointed, reported a bill to incor*- porate the FayetteyilSe academy, and to appoint trustees of the same, which was read the first time. 76 Mr. Jones notified the senate that after to day he would mov£ for the appointment ofa committee to prepare and report a bill to pre* vent the return of fraudulent draws from and after the first day of January next. Agreeable to notice ror. Little moved for the appointment of a committee to prepare and report a bill to establish and fix the name of the academy at Carnesville in FrankHn county, and to incorporate the trustees thereof. Ordered, that meaars. Little, Beall and Whitehead be that commit' tee. The senate took up the following bills, which were read the second time, and ordered for a third reading, viz: A bill to authorise the trustees and commissioners of Emanuel county academy to establish free schools in said county. A bill to lay out a road in the county of Camden, and to appoint commissioners for the same. A bill to incorporate the female academy at Harmony Grove in Jackson county ; and ' A bill to relieve the inhabitants of Little Satilla or Hardee's Neck in the county of Camden from working or performing road duty on the post road, and to appoint commissioners for the same,, also to com- pell all persons within said limit to work on the same. The following bills were taken up, read the second time and order,-* ed for committee of the whole A bill to vest in the academies of certain counties one-half of cer> fain lots of land. A bill to amend the third seotion of the act regulating the general elections in this-state and appoint the time of the meeting of the gene- ral assembly, passed the 11th February 1799. A bill to incorporate the Walnut Creek Baptist Church in the county of Jones. A Dill to authorise the troops of cavalry now in Putnam county to consolidate and form one troop, and to attach the same to the oldest polonels regiment in said county, under certain regulations. A bill explanatory of an act for laying out a town on the Ocmul- gee river and for other purposes, passed the 23d December 1822. A bill to alter the militia laws of this state as far as relates to the county of Richmond, and to authorise the organization of a legionary corps in the cuyo f Augusta; and A bill to amend the several land acts in this state in relation to head rights and bounty warrants. Ordered, that two hundred copies of said hill be printed for the use of both branches of the General Assembly. The bill to alter the natne of Lewis Berrien Hill to Lewis Berrien Floyd, and The bill to make permanent the site §f the public buildings in the r 9Tjnty of Decatur and to name the same, and to designate one or more t i additional sites in Said county for holding flections and to punish those who may attemfyt to defeat the proviso n of this act, and to al- low the clerk of the superior court to keep hty office at his own house. Were read the third time and passed. The following message from the house of [representatives was re- ceived by rar. Holt their clerk pro. tempore. Mr. President, The house of representatives have passe 1 a bill which originated in senate to give to master carpentere and masons a lien on buildings ereoted by them in the town of Macon. And they have agreed to a resolntion appointing trustees of the academy of Decatur county. To which they desire concurrence. And he withdrew. The senate took up the message and the Resolution therein con- tainecl was read and concurred in. The bill to establish district elections in the county of Dooly and to punish those who may attempt to defeat me same, was read the third time. On motion of mr. Crawford, Resolved, That the bill to establish district elections in the county of Dooly, &c. and all other bills relative to d : i : ■- fore the senate be recommitted to a select c be directed to report one general biii on that strict elections now be- >mmittee, and that they subject or otherwise. On motion of mr. Lampkin, Ordered, that the said resolution He on thf table for the balance of the session. Whereupon, the said bill was passed undeh the title thereof. The senate resolved itself into committeejof t??e whole on the bill more fully to carry into effect an act to prevent obstructions to the passage of fish in the Ocmulgee yver and it^ branches, passed on the 25th day ©f December 1821, mr. Miller in the chair; the president resumed the chair, and mr. Miller reported the bill without amend- ment. The senate took up and agreed to the report; and The bill was read the third time and passed. The senate resolved itself into committee of the whole op the bill to carry into effect the last will and testament of Philip Brantley de- ceased, so far as to manumit arid set free three negroes by the names of old Ben, Lizzy and old Miliey, mr. Brown of Hancock, in the chair, the president resumed the chair, and rhr. Brown reported the bill without amendment. The senate took up and agreed to the report. Whereupon, The bill was read the third time—and 78 , And on the question, ^ Shall this bill now pass it was determined in the negative. And the yeas and nays being required, are yeas 23—nays 24. Those who voted in t! Messrs.- Adrian Beall Blackstone Brown of Hancock Crawford Gamble Gibson Hardee e affirmative are ' Those who voted in Messrs. Allen Baker Blackshear Bozeman Cleveland Coffee Cook Gihnore J^nes I^ampkin li'tle iockhart angham cKinne ilier ontgomery le negative are roves axweil cCrimmon ipitchell ilobley hi! lips owers lemson The president being called on for his vote, voted in the negative. The senate reso'ved concerning electicus, mi. cd the chair, and mr. Mi again. Prince Rf-wls Sellers Sheffield Stocks Straws Worthy Spann Stokes Swain Taylor Tignor Walker Whitehead Woolen self into committee of the whole on the bill . Mitchell in the chair, the president resum* Ichell reported progress and had leave to sit Mr. Prince notified me senate that he would after to-day move for the appointment of a\committce to prepare and report a bill to ex- cusethe justices of the inferior court from the performance of road and militia duties. | ■ ) Mr. Prince also notified the senate that he would after to-day move for the appointment of a committee to prepare and report a bill for the construction of a toil bridge at Macon. Also a bill to be entitled an act for the relief of Bibb county. Mr. Spann from the committee appointed, reported a bill to au- tiiorise Daniel II. W. MoRae to plead and practice as an attorney and solicitor in the several courts of law and equity in thisstqjfc^, which was read the first time. The senate adjourned until to-morrow morning 10 o'clock. 79 TUESDAY,ltih November, 1824. I Mr. Blackstone presented the memorial of sundry citizens of Craw- ford county on the subject of cutting a canal to connect the western extremity of our state with the Atlantic. VVhiln was read and referred to the committee on internal improve- Inent. The president laid before senate the annml report of the military store-Keeper. Which was read and referred to the military committee. On motion of mr. Crawford, llesohed, That the military committee exanine and report the con- dition and order in which the arms are in that are deposited in the arsenal in Miliedgeviile. Mr. Lockhart from the committee on privileges and elections to whom were referred the memorial and remonstrance of Eli McCon- nel contesting the right of F. F. Adrian, senato* elect from the connty of Hall to a seat in this branch of the general assembly, Reported-— That to enable them to ascertain officially whether the said F. F. Adrian was in default as alleged by said memorialist, they called on (i. R. Clayton, Esq. treasurer, and obtained the document No. 1, which shews that John Loving, Samuel Jackson and F. F. Adrian, Esqrs. had received as commissioners of fraction sales, the sura of twenty-one-thousand six hundred and eighty-fite dollars, eighty-seven cents, and that the aforesaid commissioners ire entitled to a credit at the treasury department for the amount dm them for their servi,- ces rendered as commissioners aforesaid which will amount probably to near three hundred and twelve dollars. Deducting this last amount from the three thousand six hundred ind eighty-five dollars, eighty seven and a half cents, leaves a balaice due to the state, by said commissioners of three thousand three hundred and seventy-three dollars, eighty-seven and a half cents. Vour committee also herewith submit the depositions of major James Meriwether, marked No. 2, and of John Loving, marked No. 3, which last document the said F. F. Adrian relies on as hia princi- pal defence against the charge of ineligibility, whereby it appears that the said F. F. Adrian did on the 27th September, 1821, resign as com- missioner aforesaid, and left the whole of the business with Col. Jackson asd him (Loving) to settle which could not then be done, aa there was no one appointed to examine the books, and further that they (Loving and Jackson) did let the said Adrian have part of the money until said books could be examined, and Adrian's note payable to themselves, which note they still hold agreeable to his acknow- lodgements. All which is respectfully submitted. The report and its accompanying documents being read, were or dered to He on the table for the present. 'Mr. Prince from the committee appointed, reported a bill to dis- charge females from the performance of patrol duty? which was read the first time. Agreeable to notice nr. Prince moved for the appointment of a committee to prepare ani report a bill io excuse the justices of the inferior court from the ferformance of road and militia duties. Ordered, that messrs Prince, Tennille and McCrimmon be that committee. Mr. Prince also agreeable to notice, moved for the appointment of a committee to prepare and report a bill to be entitled an act for the construction of a tell bridge at Macon—also a bill for the relief of Bibb county. Ordered, that messrs Prince, Blackshear and Walker be that com- mittee. The following message was received from the house'oT repl esenta- fives, by mr. Holt, thei: cleik pro. tern., Mr. President, The house of representatives have passed a bill of senate to au- thorise James Cleland to plead and practise as an attorney and soli- citorin the several cowts of law in equity in this state. They have passed tie following bills. A bill for the temporary relief of purchasers of fractional surveys lots or islands at the ate sales in this state A bill to alter and amend an act entitled an t to revise amend and continue in force an act entitled an act to extend the time of 'taking out grants on surveys made on head rights and bounty war- rants. A bill to incorporate Goshen academy in the county of Lincoln and appoint trustees lor the ssme. A bill 4o authorise the justices of the inferior court of Morgan county to lay off in the town of Madison a certain number of lots therein named fpr religious purposes. A bill to establish and fix the name of the academy in the town of Forsyth in Monroe county and to incorporate the trustees thereof. And a bill to separate and divorce Thomas G. Duke and Louisa his wife. They have agreed to a resolution appointing on their part a com- mittee to join such as have been appointed on the part of senate to prepare and report a bill to alter ana fix the times of holding the su- perior and inferior courts in the Flint circuit,—and They have agreed to the report of the committee on printing rela- live to printing the laws and journals of the present session, ana such other printing as may be ordered by the present legislature* To all which they desire concurrence. And he wilfedrew. *■ Agreeable to notice mr. Gamble moved for the appointment of a committee to prepare and report a bill to appoint county treasurers and define their duties. Ordered, that messrs. Gamble, Whitehead and Mobley be that com*- raittee. The senate took up the message from the house of representatives, and the bills therein contained were severally read the first time. The senate concurred in the report of the committee on printing relative to printing the laws and journals of the present session and such other printing as may be ordered by the present legislature. Mr. Lamkin notified the senate that on to-morrow he would move for the appointment of a committee to prepare and report a biil to re- peal an act entitled an act to alter and change the site of the public buildings of the county of Dooly, passed the 10th of December, 1823, and to appoint commissioners of the public buildings of said county, and to appoint commissioners Jo pitch on a site ot the public buildings of said county in room of those heretofore appointed. Mr Tennille from the committee appointed, reported a bill for the relief of Reuben Whitefield, which was read the first time. Mr. Stokes from the committee on enrollment reported as duly en- rolled and signed by the speaker of the house of representatives, An act to alter and amend the second section of the second arti* cle of tlie constitution of the state of Georgia. And an act to give to master carpenters and master masons a lien on buildings erected by them in the town of Macon. Which were presented to and severally signed by the president of senate. Ordered, that the committee on enrollmont do carry said acts to his excellency the governor for his assent. Mr. Stocks presented the petition of the trustees of Greene county academy. Which being read was referred to the joint committee on public education and free schools. Mr. McKinne from the committee appointed, reported a bill for the relief of John Rawls and William Gross. Which was read the first time. The senate took up the resolution requesting the governor to ap- paint one or more persons to transcribe certain maps in the surveyor- general's office, or as many of them as in the opinion of the surveyor- general may require it. Whereupon, Mr. Prince moved the following as a substitute. Mesolved, That a committee ]>e appointed to examine and report to the senate what will be the probable expense of transcribing such .of the plans of districts of the land disposed of in the two last lfet- 11 ' 82 testes transcribing and of the mode best adapted to their future pre- servation. Ordered, that messrs. Prince, Stocks and Crawford be that com- mittee. The bill to alter and amend an act to remove the court house or the site of the public buildings in the county of Wayne, passed the 10th day of December 1823, was taken up, read the third time and passed. The following bills were taken up, read the second tithe and or- dered for committee of the whole. A bill to alter and fix the time of holding the superior courts in the county of Baldwin in the Octnulgee circuit. And a bill to authorise William Smith to erect a bridge across the Beaverdam creek in the county of Scriven on the road leading from Savannah to Augusta. The bill to alter the militia laws of this state so far as relates to the county of Richmond and to authorise the organization of a le- gionary corps in the city of Augusta, was ordered for committee of -tne whole on Monday next. Also the bill to vest in the academies of certain counties one half of certain lots of land. The following bills were taken up, read the second time, and or- 'dered for a third reading. A. bill to authorise Daniel R. W. McRae to plead and practice as, an attorney and solicitor in the several courts of law and equity in this state. A bill to authorise James Kemp to keep up a ferry across the Ala- tamaha river. And a bill to incorporate the Fayetteville academy and to appoint trustees for the same. The following bills were read the third time and passed. A bill to incorporate the female academy at Harmony Grove in Jackson county. A bill to authorise the trustees and commissioners of Emanuel county academy to establish free schbols in said county. A bill to relieve the inhabitants of Little Satilla or Hardee's neck in the county of Camden from woiking or performing road duty on the post road, and to appoint commissioners for the same, also to com* pel all persons within said limit to work on the same,—and A bill to lay out a road in the county of Camden and to appoint commissioners for tha same. The senate then resolved itself into committee of the whole on the biH to authorise 'he troops of cavalry now in Putnam county to con- solidate and form one troop and so attach the same to the oldest coin. 83 nel's regiment in said county, under certain regulations, Mr. Grovas in the cfiair. The President resumed the chair, and mr. Groves re* ported the bill with amendment. The senate took up 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, upon thd« bill to compel tax-collectors in the several counties of this state to attend at the general elections for the purpose of preventing impro- per votes, mr. Beall in the chair; the president resumed the chair, and mr. Beall reported progress and had leave to sit again. The senate resolved itself into committee of the whole on the bill to incorporate the Walnut Creek |Baptist church in the county of Jones, mr. Strawnin the chair; the president resumed the chair, audi mr Strawn reported the bill without amendment. Ordered that the report lie on the table. The senate again resolved itself into a committee of the whole on the bill to legalize the acts of all the deputy clerks of the superior courts under the age of twenty-one years, mr. Blackstone in the chair. The president resumed the chiar, and mr. Blackstone reported the bill with amendment. The senate took up the report, which was read, amended, and; agreed to. The caption of the bill being amended— The bill was read the third time and passed under the$tle of a bill to legalise the acts of deputy clerks of the superior and inferior courts and coerts of ordinary under the age of twenty-one years, On motion of mr. Stocks, Resolved, That the returns of county academies made to the sen- atus academicus and by a resolution of that body referred to this branchjgof the general assembly be referred to the committee on pub- lie education and free schools. On motion of mr. Powers, Resolved, That the joint judiciary committee he and they are here- by required to take into consideration the propriety of providing by law for the support of the families of persons confined in the peni- tentiary, and that they report by bill or otherwise. Mr. Tignor notified the senate that he would after to-day move for the appointment of a committee to prepare and report a bill to au- thorise sheriffs of the several counties in this state to advertise their sales in the nearest or most convenient public gazette to where such sheriffs may reside. The senate adjourned until to-morrow morning 10 o'clock. 84 WEDNESDAY, 17th JVmember, 1824. Mr. Baker from the committee appointed, reported a bill to estab- lish and regulate district elections in the county of Liberty,and tore- move the battalion and regimental parade ground. \ i W hich was read the first time. Agreeable to notice mr. Worthy moved for the appolnment of a. committee to prepare and report a bill to alter and amend an act pass- ed the 8th day of December 1S23, to regulate general elections, so far as re-.p'cts ;he county of Gwinnett. Ottered, that messrs. Worthy, McCrimmon and Swain be that com- mittee. On motion of mr. Miller, Resolved, That the military committee be directed to enquire into the expediency or inexpediency of reporting a hill declaring what length of time it should require to vacate a commission by the ab- sence of the incumbent from his command. Mr. Gamble from the committee appointed, reported a bill to ap- point county treasurers, and to define their duties. Which was read the first time. Mr. Allen from the committee appointed, reported a bill toameud an act entitled an act for the better regulation and government of the town of Klberion. Which was read the first time. Mr. Prince from the committee appointed, reported a bill lor the construction of a toil bridge at Macon. Which was read the first time, Mr. Prince from the committee appointed, reported a bill for the relief of Bibb county. Which was read the first time. And mr. Prince from the committee appointed, also reported a bill to exempt justices of the inferior court from performing road and mi- litiaduty. Which was read the first time. Mr. Little from the committee appointed, reported a bill to estab- lish aud fix the name of the academy at Carnesville in the county of Franklin, and to incorporate the trustees thereof. Which was read the firtt time. On motion of mr. Coffee, Resolved, That hi3 excellency the governor be requested to forward to each member of the senate and house of representatives, and to each major and brigadier-general one copy of the laws and journals of the 85' legislature, in addition to the number heretofore forwarded : Vrovid- ed, that the general officers who are members of the legislature, shall receive but one copy. Which was read and ordered to lie on the table. The following bills were taken up, read the second time, and order- ed for a third reading. A bill .to discharge females from the performance of patrol duty. A bill "for the relief of Reuben Whitfield. A hill to establish and fix the name of the academy in the town of Forsyth in Monroe county, and to incorporate the trustees thereof. A bill to incorporate Goshen Academy in the county of Lincoln, and to appoint trustees for the same; and A bill to authorise the justices of the inferior court of Morgan coun. ty to lay of!' in the town of Madison pertain number of lots therein named for religiQus purposes. The bill to authorise Daniel 11. W. McRae to plead and practice as an attorney and solicitor in the several courts of law and equity in this state, was read the third time Ordered to lie on the table. The following bills were taken up, read the second time and order- ed for committee of the whole. A bill for the relief of John Rawls and William Gross. A bill to seperate and divorce Thomas G. Duke and Louisa his wife. A bill to alter apd amend an act entitled an act to amend and continue in force an act entitled an act to extend the time of taking out grants on surveys made on haad rights and bounty warrants, and A bill for the temporary relief cf purchasers of fractional surveys, lots or islands at the late sales in this state. The bills, to-wit: A bill to authorise James Kemp to keep up a ferry across the Alta- maha river, and A bill to incorporate the Fayetteville academy and to appoint trus- tees for the same. Were read the third time and passed. f The bill to amend the third section of the act regulating the gene- ral elections in this state and to appoint the time of the meeting of the General Assembly oassed the lith Feb. 1799. Was ordered for a committee of the whole on Tuesday nest. The senate resolved itself into committee of the whole on the bill Jo incorporate the town of Perry in the county of Houstoti, and to ap- point commissioners for the same, mr. Gilmore in the chair; the pre- sident resumed the chair, and mr. Gilmore reported the bill without amendment. The senate took up and agreed to the report. The bill was then read the third time and passed. 86 'INie senate resolved itself into committee of the whole on the bfrl explanatory of an act for laying out a town on the Ocmulgee river and for other purposes, passed the 23d Dec 1822, mr. Teunille in the chair; the president resumed the chair, and mr. Tenmlle reported the bill tyith an amendment. The senate took up and agreed to the report; and The bill was read the third time and passed. The senate resolved itself into committee of the whole on the bilt to authorise William Smith to erect a bridge across the Beaverdam creek in the county of Scriven, oh the road leading from Savannah to Augusta, mr. Mangham in the chair; the president resumed the chair, and mr. Mangham reported the bill with rmendments. The senate took up and agreed to the report; and The bill was read the third time and passed. The senate resolved itself into committee of the whole on the bill to alter and fix the time of holding the superior courts of the county of Baldwin, in the Ocmulgee circuit, mr. Baker in the chair ; the pre- sident resumed the chait, and mr. Baker reported the bill with amend- ,ments. The senate took up and agreed to the report ; and The bill was read the third time and passed under the title of a bill to alter and fix the time of holding the superior courts of the coun- ties of Baldwin and Wilkes, and the superior and inferior courts of' the counties of Elbert and Madison. The senate resolved itself into committee of the whole on the bill to compel tax collectors in the several counties of this state to attend at the general elections for the purpose of preventing improper votes., mr. Allen in the chair; the president resumed the chair, and mr. Allen reported the bill with amendments. The senate took up the report, which was read, amended and agreed to. } The bill was read the third time under the title of a bill further de* lining the duties of collectors of taxes. And on the question " Shall this bill now pass ?" The yeas and nays being required, are—yeas 26, nays 26.* Those who voted in the affirmative, are Messrs. ABen Baker Biackshear Brown of Decatur Crawford Gamble Groves Holt Jones Montgomery Miller Mitchell Little Lockhart Maxwell Powers Prince jfiawis Sheffield Stocks Stokes Tignor Walker Whitehead Wimberly WTooi;en Those who voted in the negative are Messrs. Adrian Gibson Sellers BeaU Gilmore Spann Blackstone Lampkin Strawn Bozeman Manghara Swain Brown of Hancock McCrimmon Taylor ■Burney McKinne Termille Cleveland Mobley Wellborn Coffee Phillips Worthy Cook Remson There being a tie, the president voted in the affirmative, and the bill passed under the title thereof. Mr. Stocks from the committee appointed, reported a bill authoris* ing a partial failure of consideration to be pleaded. Which was read the first time. Mr. Baker notified the senate that he would after to day move for the appointment of a committee to prepare and report a bill to re- peal the ninth section of an act passed the 28th Dec. 1822, to autho- rise upon certain conditions the organization of squadrons of cavalry in the first military division in this state, and for the encouragement cf volunteer corps of cavalry within the same. The senate took up the resolution requesting the governor after the first day of June next, to send some competent mathematician to ex- amine the first district of Dooly, and report whether the same has been surveyed according to law, and if it is found not to be surveyed, his .excellency is hereby requested to have it surveyed. Which was amended by adding the words "giving to Muidock McCloud, the district surveyor, ninety days notice of such examina- fcion." Which was read and agreed to as amended, Mr. Montgomery laid on the table the following resolution : Resolved, That Iris excellency the governor be and he is hereby ait- thofised and required to employ some good draftsman to make an ac- curate map of the state of Georgia, designating thp relative situation and bounds of each county, and that he lay the same before the next legislature for their inspection, and that he pay for the same out of the contingent fund. The following message was received from the house of represen- tatives by mr. Holt, their clerk pro tempore. Mr. President, The house of representatives have passed a bill which originated in senate to authorise the judge of the superior court of the eastern district to appoint a guardian or trustee for a certain woman of color named Rino. m They have agreed to the amendment proposed by senate to the bill ..of the house t the force of which slavery in America commenced its existence.--. While your committee contemplate with no ordinary emotions the ameliorated condition of the slave in the southern country, they view with regret this unnecessary interference on-the part of a sister state so well calculated to excite the anticipations and hopes of the slave and to impel him to those acts, which instead of bettering his con-: dition, must augment his misfortunes. Your committee therefore consider the resolution as violative of the true dictates of humanity, and this idea is supported by a contrast of the slave population of the south with the wretched and miserable condition of the free peo- pie of color who croud the the houses of punishment and correction in some of our sister states. If in the south they do not revel in li- herty, they are at least supplied with the necessary wants of life- Georgia claims the right with her southern sisters whose situation in this regard is similar, of moving this question when an enlarged system of benevolent and philanthropic exertions in consistency with her rights and interest shall render it practicable. Your committee take leave therefore to recommend the following Resolution. Resolved, That the resolutions of the stute of Ohio proposing the emancipation of slaves, passed on the 17th day of January, 1824, be, and the same is hereby disapproved by the legislature of this state, aild that his excellency the governor be hereby requested to transmit a copy of this resolution to the executive of each of the United -States. , Which was read an,d agreed to. Mr. Blackshear from the committee on the state of the republic also made the following report: m The committee oil the state of the republic to whom was referred a resolution of the state of Mississippi expressive of the &e ise of the legislature of that s>ate on that pari of the l.ite message of the pre- sident of the United States to Congiess, which announces the policy intended to be pursued by the Uni ed States in reference to certain views imputed to the principal' powers of Europe, have had the same under their serious deliberation. Although 'he course of national policy indicated in the communi- cation referred to, must be considered as that which is alone consis- tent with the attitude which this nation ought to assume and main- tain in the actual condition of the world, and nothing but what ought if possible, to increase and confirm the just confidence hitherto re- posed in the venerable and illustrious statesman who now administers, the government. Yet as the people of this nation have appointed another medium for the expression of their sentiments on questions of international policy, your committee deem it most correct and adviseable for this iegisl tore to abstain from interposing officially'in this and all other malters not regularly within the scope of their pow- ers- Your committee therefore respectfully recommend the ad op- the following resolutions. Resolved, As the opinion of the legislature of the state of Georgia, that as well to preserve a due distinctness in the operations of the general from the state governments, as from an undiminished conli- dence in the present chief magistrate of the Union, they deem it in- expedient to act on the resolution transmitted from the state of Mis- sissippi. Ji< solved fia ther, That'his excellency the governor be requested to transmit to the governor of the state of Misssssippi a copy of the foregoing resolution. Which was read and agreed to. Mr. Jones presented the petition of many citizens of Newton county praying the formation of a new county, which was read and referred to the same committee the petition from the counties of Henry and Monroe were. On motion, - • Mr. Jones was added to that committee. On motion of mr. Prince, Resolved, That the joint committee on the judiciary be instructed to inquire into the expediency of providing bv law for the entering appeals in cases where either party may or shall have departed this life so soon after the verdict as that an appeal cannot be entered by their executors or administrators as the law now stands, and that they have leave to report by bill or otherwise. The bill authorising sheriffs to advertise their sales in the nearest and most convenient public gazette was read the second time and or- derecl for committee of the whole. The bill to establish and fix the name of the academy at Carnesvrlle in the county of Franklin, and to incorporate the trustees thereof. 97 And the bill to amend an act entitled an act for the better regular tion and government of the town of Elberton, were read the third time and passed. The senate resolved itself into a committee of the whole, on the bill to establish and regulate district elections in the county of Liberty and to remove the battallion and regimental parade ground, mr. Brown of Decgtur in the chair. The president resumed the chair, and mr. JB'OWu 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 committee of the whole on the bill for the relief of Bibb county, mr. Wimberly in the chair. The pre- sident resumed the chair, and mr. Wimberly reported progress and had leave to sit again. v The senate resolved itself into committee of the whole on the bill to appoint county treasurers and to define their duties, mr. Coffee in the chair. The president resumed th-e chair, and mr. Coifee reported the bill with amendments. The senate took up the report which was read. Mr. Maxwell moved to amend the report by adding as an addi- tional section the following. And be it further ^enacted, That the counties of Bryan, Bulloch, Crawford, Hancock and Emanuel shall be exempt from the opera- tioas of this act." And on the question to agree to the proposed amendment it was determined in the affirmative. the Those who voted Messrs. Baker Blackstone Brown of Hancock Burney Cook Camb!e Gibson Gil more Groves Hardee Jones Little yeas and nays being required are—yeas 34, nays 18. in the affirmative are Lockhart Mangham Maxwell McCrimmon Miller Montgomery Phillips Powers Prince Rawls^ Sheffield Spann Stocks Stokes Strawn Swain Tennille Tignor Wellborn Whitehead Wooten Wort'iv Those who voted ia the negative, are Messrs. Allen Blackshear Beall Bozemari Sen. IS Brown of Decatuf Cleveland Coffee Crawford Holt Lampkin McKinne Mitchell Mobley Remson Sellerg Taylor Walker Wimberly The report being further amended by the following enacting clause, to wit: And be it further enacted, That nothing in this act shall be so con- stued as to abrogate the office of trustees of the poor school fufid, created by the act approved the 22d December, 1823, or to interfere with the academy funds of the county, The report being read as amended was agreed to. Whereupon, The bill was read the thircl time. And on the question ' Shall thi3 bill now pass?' it was determined ih the affirmative. And the yeas and nays being required are—yeas 41, nays 10. Those who voted in Messrs. Allen Blackshear Bozeman Brown of Hancock Burney Cleveland Coffee Cook Crawford Gamble Gibson Giimore Hardee Holt the affirmative are Jones Lamkin Little Lockhart Manghaio Maxwell McCrimmOn McKinne Miller " Montgomery Powers Prince Rawls Remson Those who voted in the negative, are Messrs. Baker Groves JBcall Mitchell Blackstone Mobley Brown of Decatur Sellers Sheffield Spann .Stocks Swain Taylor Tennille Tignoc Walker Whitehead Wimberly Woo ten W orthy Phillips Strawn Weilborn The senate resolved itself into committee of the whole on the bill for the construction of a toll bridge at Macon, mr. Maxwell in the the chair. The president resumed the chair and mr. Maxwell report-- cd progress and lud leave to sit again. The senate resolved itself into committee of the whole on the bill to exempt justices of the inferior court from performing road and raili- tia duty, mr. Rawls "n the chair. The president resumed the chair and mi*. Rawls reported that they had disagreed to the bill. The senate took up the report which was agreed to. 9,9 The following message was received from hip excellency the goy- ernor by mr. Pierce Kis secretary. Mr. President, His excellency the governor has assented to and signed An act to alter ana amend the second section of the second art!- cle of the constitution of the state of Georgia. . And an act to give to master carpenters and master masons a lien on buildings erected by them in the town of Macon. Ordered, that the committee on enrollment carry said acts to the secretary of state's office and see the great seal of this state affixed thereto. The following message was received from the house of represent tatives by mr. Holt, their clerk pro tempore. Mr. President. ' The house of representatives have passed a bill to alter and amend an act entitled an act to impose an additional tax on pedlars and other itinerant traders, passed the 9th day of December, 1819. And a bill far the relief of Isaac Bryan. To vyhich they desire concurrence. And he withdrew. The senate adjourned until to-morrow morning 10 o'clock- tfATURDA Y, 9.0th November, 1824. Mr. Wellborn notiiied the senate that after to-day he would move lor the appointment of a committee to prepare and report a bill to be entitled an act to establish a ferry on the Ucmulgee river, to be called and known as Abner Veasey's ferry at or near Piney Island on §aid Yesey's lands. Agreeable to notice mr. Gamble moved for the appointment of a committee to prepare and report a bill to amend the judiciary laws of force in this state, so far as relates to illegality of executions, and to authorise the courts in certain cases to enquire into and correct errors and irregularities in judgments. Ordered, that messrs. Gamble, Davies and Hardee bethat commit* tee. ! Mr. Sellers from the committee appointed, reported a bill to lay . out a new county ut of part of the counties of Henry, Monroe ana Newton, and to organise the same. Which was read the first . 100 Mt. Wimberiy presented the petition of sundry citizens of Twiggs, county,praying to add a part thereof to the county of Bibb, which was read and referred to a committee, consisting of messrs. Wimber- Jy Prince and Taylor. Agreeable to notice mr. Gilmore moved for the appoinment of a committee to prepare and report a bill to compel persons having aca- demy funds in their hands unaccounted for to pay interest on the same till paid into the hands of the inferior courts or trustees of the different county academies. Ordered, that messrs. Gilmore, Montgomery and McCrimmon be that committee. Mr. Allen from the joint committee on agriculture and internal in* provement to whom was referred the documents relative to the im- proVementofthe navigation of Brier creek, reported— 4 That they have had the same under consideration, and find that the sum of $8,000 has been drawn from the treasury of the state by the treasurer of the board of commissioners for the improvement of said creek, and that the said commissioners have made a contract with ma- jor E. Byneof Burke county, for making navigable that part of said creek between Ray's bridge in Burke county and Jones' mill in the county of Scriven, for the sum of $5,500—$5,000 of which sum was paid in advance, the balance was to be paid when the work was com- pie ted. It further appears that there yet remains in the hands, of the treasurer of said board the sum sf $2,935 12§ cts. $500 of which sum ought to be paid to the said contractor, whenever it shall be ascer- tained that the contract has been complied with. It further appears that the said contractor did, in October 1822, notify ibe then com- missioners that he had completed the work according to contract, that in consequence of high water the said commissioners deferred" the examination after which time, four of the commissioners resigned without examining said work, and that there has never been a full board since. Your committee therefore ask leave to introduce the following re- solution. Resolved, That his excellency the governor be requested to take such measures as he may deem most expedient for carrying into cxe- cqtion the resolution of the last legislature relative to the navigation of Brier creek. Jind be it further resolved, That the commissioners for the im- proy.ement of the navigation of said creek in Scriven county, be re- quested to examine that part of said creek between Ray's bridge in Burke county and Jones' mill in Scriven county, and report to Ids excellency the governor whether the said major E. Byne has complied with his contract or not, and if he has, that his excellency the gover- nor be requested to direct the treasurer of the firmer commissioners of Burke county to pay to the said Major E. Byne the sum of $5C0. The joint committee on agriculture and internal improvement, to whom were referred the report of the commissioners for the improve- meni of the navigation of Tugaio river, beg leave further to repi? f— 101 That they have had the same under consideration, and that it ap* pears that the said commissioners are using every effort in their povv- er to complete the same agreeable to the provisions of an act passed the 19th of Dec. 1818. They therefore recommend the following resolution : Resolved, That the commissioners of Tugalo river be and they are hereby directed to exercise their best judgment in completing the na- vigation of said river, and that they transmit a complete statement of their proceedings thereinto his excellency the governor, and that his excellency the governor be requested to transmit a copy of this resolution to said board of commissioners. Which were read and agr eed to. Mr. Gamble from the committee appointed reported a bill to amend the judiciary laws of force in this state so far as relates to illegality of executions, and to authorise the courts to enquire into and correct er- rors and irregularities, in judgments. Which was read the first time. Mr. Lampkin from the committee appointed, reported a bili to repeal ao act entitled an act to alter and change the site of tie pub- lie buildings of the county of Dooly, passed the 10th day of Decern- ber 1823, and to appoint commissioners of the public buildings of said county, and to appoint other commissioners to fix on a site for the public buildings of said county in room of those heretofore appointed. v Which was read the first time. Mr. Blackstone from the committee appointed, reported a bill to lay out a new county taken from Crawford and Pike. Which.was read the first time. Mr. Spann from the committee appointed, reported a bill to carry into effect a clause of the last will and testament of Mark Cole, de- ceased, so far as to manumit and set free ten negro slaves, by the names of Bob, Molly, Mary, John, West, Wise, Lee, Eastlv, Jane and Clark. Which was read the first time. Mr, Cleveland had leave to report instanter, a bill to divorce West Walker and Sarey his wife. Which was read the first time. Mr. Davies presented a memorial of sundry citizens of Savannah, which was read and referred to a committee consisting of messrs.Da- vies, Maxwell and Powers. Mr. Bozeman from the select committee to whom }vas referred the petition of Samuel Buffington, leported thereon. Which was read and ordered to lie on the table. The senate took up the message from the house of representatives of yesterday, and the bills therein contained were severally read the first time. toe The senate took up the report of the committee of the whole on the bill to incorporate the Walnut Creek Baptist church in the county of Jones, and agreed thereto. And the bill was read the third time and passed. Mr. Swain notified the senate that he would after to-day move for the appointment of a committee to prepare and report a bill to be en- titled an act to repeal so much of the penal code of this state as re- lates to penitentiary confinement as does not extend to the natural life of the convict. The senate resolved itself into committee of the whole on the bill to add two additional places of election in the county of Glynn for the greater convenience of all the citizens thereof, mr.'Powecs in the chair. The president resumed the chair and mr. Powers reported the hill with amendments. The senate took up and agreed to the report. And the bill was read the third time and passed under the title pf a bill to establish additional election districts in the county of Glynn and to punish those persons who may vote at more than one place on the same day. The senate resolved itself into committee of the whole on the bill authorising sheriffs to advertise their sales in the nearest and most convenient public gazette to where such sheriffs may reside, mr. Jones in the chair. The president resumed the chair and mr. Jones, report- ed 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 authorising a parttal failure of consideration to be pleaded, mr. Tay- lor in the chair. The president resumed the chair, and mr. Taylor reported the bill without amendment. The senate took up and agreed to the report; and The bill was read the third time and passed. The senate resolved itself into committee of the whole on the bill to secure to Stephen Pierce, his heirs and assigns for the term of ten years from the first day of January next the exclusive right of run- ningaline of stage carriages between the cities of Ssvannah and Augusta, mr. Remson in the chair. The president resumed the chair, and mr. Remson reported the bill without amendment. The senate took up and agreed to the report. Whereupon. The bill was read the third time— And on the question,4 Shall this bill now pass ?' it was determined in the negative. And the yeas and nays being required, are yeas 24—.nays 26. Those who voted in the affirmative, are Messrs. Allen Bozeinan Cook Baker. Brown of Hancock Crawford 103 Gamble Groves Hardee Little Mitchell Powers Prince Rawls McCrimmon McKinne Reruson Sheffield Taylor Tignor Mangham Maxwell Whitehead Wirnberly Those who voted in the negative are Messrs. Beall Biackshear Blackstone Brown of Decatur Burney Cleveland Coffee Da vies Gibson Gilraore Holt Jones Lockhart Miller Montgomery Phillips Sellers Spann Stocks Strawn Swain Tennille Walker Wellborn Woolen Worthy The following communication was brought from his excellency the governor, by his secretary mr. Wood, viz: I transmit to both branches of the legislature copies of the report of the chairman ot the Oconee navigation association-—of the com- missioners appointed to superintend the improvement of the naviga- tion of Savannah river from the town of Petersburg to the village of Andersonville—and also a report and documents of one of the com- missioners for opening the Alapaha road. Which was read and referred to the committee on internal im- provement. A message was brought from the house of representatives by their clerk pro tempore, mr. Holt, informing the Senate, that the speaker of the house of representatives having obtained leav^ of absence they had made choice of Irby Hudson, Esq. as their speaker pro tempore. And that they had agreed to a report and resolution in favor of Seaton Giantlaad. And he withdrew. The senate took up the message and the resolution in favor, of Seaton Grantland therein contained was read, amended and concur- red in. The bill to authorise Daniel R. W, McRae to plea;! and practice as an attorney and solicitor in the several courts of law and equity in this state, was read ihe third time and passed. Executive Department, Georgia: xlvjg l/erakimci^il| ulukula^ Milledgeville, 20th Nov. 1824. G. M. TROUP. 104 On motion, The hon. senator from the county of Wilkinson had leave of absence Until Monday evening next. ' Mr. Davies presented a memorial from the Hibernian society of the city of Savannah, which was read and referred to a committee consisting of messrs. Davies, Gamble and Little. On motion of mr. Oavies, Resolved, That the committee on the judiciary do enquire into the policy of amending the laws now in force relative to the recording of mortgages, and that they have leave to report by bill or otherwise. Mr. Davies 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 entitled an act to regulate the intercourse between the banks incorporated by the general assembly of the state of Georgia and the bank of the United States and the branches thereof, as far as regards the demands which may be made for specie by the latter on the former, and exempting; the bills and notes of the banks incor%- porated by the general assembly from bearing interest when they shall be collected, acquired, purchased or received in deposit by the bank of the United States or the branches thereof, if the said bank or the branches thereof shall demand the same to be redeemed in specie. The senate adjourned till Monday morning 10 o'clock. On motion of Mr. McKinne; The senate reconsidered so much of theiV journal of Saturday as re- lates to the rejection of a bill to secure to Stephen Pearce, his heirs and assigns, for the term of ten years from the first day of January next, the exclusive right of running a line of stage carriages between the cities of Savannah and Augusta. On the question to reconsider—• The yeas and nays being required, are—yeas 30, nays 20. Those who voted in the affirmative are MONDAY, Nov. Q2d, 1824, Messrs. Allen Baker Brown of Decatur Brown of Hancock Cook Crawford Davies Gamble Gibson Gilmer Blackshear Bozeman 405 r* mves Mc^rimiuou Taylor Y*™ McKinne TpniUe J^nikin Powers Tigner little Prince Walker Mangham Pawls "Whitehead Af jtxw-.ll Sheffield Wimberly Those who voted in the negative are Messrs. JVackstone Lockhart Stocks Purney Miller Strawn Cleveland Mobley Swain Coffee Montgomery Wellborn Qiimore- Phillips Wooten Holt Re o, son Worthy Johnson Spann Mr. Worthy "Trom the committee appointed, 'reported a bt|i to alter so much of an act emitted act to regulate the general elec* tiuns of this state and to appoint the time of the meeting of the Gene- ral Assembly of this sfare, so far as the s ame requires one of the elec- tin as in the county of Gwinnett to be held at the house of William Terry. Which was read the first time. Agreeable to notice mr. Wellborn moved for the appointment of a committee to prepare and report a bill to be entitled an act to est?b- dish a ferry on the Ocmulgee river to be called and known as Abner Vesey's ferry, at or nea" the Piney Island on said Vesey's larnlst Ordered, that messrs. Wellborn, Lamkin and Sheffield be that.com* mittee. - Agreeable to notice, mr. Davies moved for the appointment of a committee to prepare and report a bill to be entitled an act to regu- late the intercourse between the banks incorporated by the General Assembly of the State of Georgia and the.Bank of the United States and the branches thereof, as tar as regards the demands which may be made for specie by the latter on the former and exempting the bills and*u4tes of the banks incorporated by the General Assembly from drawing interest when they shall be collected, acquired, purchased or received in deposit by the Bank of the United States or the branch- es thereof, if the said bank or the branches thereof shall demand the same to be redeemed m specie. Ordered, that messrs.- Davies, Gilmer and Blackshear be that com- mittee. Mr. Stocks presented the petition of Thomas Mitchell, surveyor- general, which was read and referrred to a committee consisting of messrs. Stocks, Bozeman and Cook. A message was received from his excellency the Governor by his secretary mr. Pierce, informing the senate that his excellency the go- vernor had approved and signed a resolution which originated in this branch of the legislature, requesting him to correspond with the geaa* Ben. 44 106 ral government and the government of Florida if necessary, on the subject of tunning the dividing line between this state and Florida. Mr. Pierce also delivered the following communication : Executive Department, Georgia. £ tfthUedgevilley 22d J\ ov. 1824. ^ I sutvpiitibr the consideration of the legislature the transcript of a record which reached the executive depaitment through the office of the corhptroile' general, to whn h it was communicated, for the pur- pose of causing a su pension of further proceedings against delinquent debtor^, h/id in confoimitv with the express injunctions of an act of the legislature This officer was instructed to disregard the injnnc- tioo, because opposed to the positive mandate of the legislature, con- acitutionally g'ven. The proceedings intended to be stayed by it, were notwithstanding arrested by an executive order, it being appa- ^rent upon the face ot this transcript, that against the commissioners appointed for selling fractious in Hall, Rabun, &c. charges of high crimes and misdemeanors were ao far sustained by the court, as to warr# t a decree, not only compelling the defendants, messrs. Jack? son, Adrian and Loving to answer, but' ordering the arrestation ot" further proceedings of iheexeciriyegovernmenl against the complain- ant. It was impossible for such a document to pass the eye of the executive unheeded. These officers invested with a public character •by your own appointment, were charged substantially before the high- ear judicial tribunal of the state, wi h having received monies from a private citizen on a,public account, which they converted to their own use, and secondly, with the alteration, interlineation or mutila- tian of a bond—that the bonds of (lie commissionets were so given a Cb charge them severally, instead of jointly and severally—that consequently it is extremely difficult to ascertain the amount of the defalcation of each—hat'he bond alleged to be mutilated carries such mutilation on the face of it; and that moreover, divers grants which had passed all the forms of office, and which only remained to be ailed oy the commissioners, were, notwithstanding a peremptory demand, withheld, and continued to be wuhholden. For the honor ot the state, it is h ped that the most heinous of these charges cannot b." supported, and that it may be in the power of the commissi ners to ex meia e themselves from even the suspicion of having so offend- ed It is certain however that the commissioners are in arrearg to the state to a considerable amount, yet this consideration is not in any manner to prejudice these officers, who upon the criminal charges, are always presumed to be innocent unci! the contrary is proven. The gov- eminent of Georgia, in the employment of agents to superintend its various interests, has been peculiarly unfortuuate, especially when a control over public monies has been considered as indispensable to the correct performance of the duties confided to thpm. The love of mo- ney is the vice of the \mencan character—We are bound to guard toe private citizen against the pernicious influence of this passion on the part of the public officers, more especially against those of our own app iatmeut; having done so, our next obligation is to take caro that strict accountability be'requited of all who have the care of pub" tor life money, and that fraud, embezzlement or malversation be purist ed in a manner so exemplary as to give stimulus to virtue and. make- dishonesty so ashamed of its own deformity, that .you may be spared-- the trouble either of electing or punishing unworthy tn$n. Signed, G. M.TROUP. Which was read and referred with its accompanying documents, fco the judiciary committee. Mr. Gamble from the judiciary committee to whom was referred fhc resolution relative to the propriety of providing by law for the sup- port of the families of persons confined in the penitentiary, reported, That they have had the same under consideration, and are of opinp- ion that" it would be inexpedient to make any such provision, Mr. Gamble further reported— That the judiciary committee, to whom was referred the expedieiv ey of modifying the penal code, so as to authorise *he judge- of the superior court to sentence criminals for a less period of time than four y< at s for miuor offences, have had the consideration and beg leave to report— I'hat such an alteration would be unadvisable, inasmuch as U would tend to enhance unnecessarily the expenses of the penitei-®f.iry, a grievous complaint already against said institution, and inasmuch al- so as said offences have at presen* annexed to them very suitable and. adequate punishment, the committee further report—. Tnat it is inexpedient to alter the law relatiug to manslaughter, as that crime is very clearly defined and suitably punished under the existing laws on the subject. Wherefore,* Be it resolved, That the judiciary committee to whom said refer- ence was made, be fully discharged from the further consideration, thereof. Which were read and agreed to. Mr. Gamble from the judiciary committee, also reported the fol- Towing bills: A bill concerning the figps of justices of the peace and constables. A bill allowing executors and administrators to enter appeals^ Certain cases. Aud a bill to repeal all laws and parts of laws which auth«tse the Celling into slavery of free frrsons of color, W hich were severally read the first time, Mr. Prince from the committee appointed, reputed a bill to fix the- ,tjme of holding the superior and inferior cour,»^°ttue hiint circuit. Which was read the first time. On motion of rar. Whitehead, Res dve.d, That the committee op the judica-y be intruded t*> en- quire into the propriety of passing an act piohioning th. judges of the 10& superior courts in this state from practising as attorneys, proctors or sober.ors in the district or circuit courts of the United States for the district of Georgia. On motion of mr. Lochart, Hvsolved, That the committee on the penitentiary be and they are hereby authorised to have printed the report of the inspectors of the penitentiary to said committee., with such other documents as they may deem prudent for the use of the members of the Ge?ieral Assem- Mr. Gilmore from the committee appointed, reported a bill to com- pel persons holding academy funds unaccounted for to pay interest Which was read the first time. Mr. Gamble notified the senate that after to day he would move for the appointment of a committee to prepare and report a bill concern* ing warrantys. Mr. Lamkin from the joint committee on enrollment reported as duly enrolled and signed by the speaker of the house of representa- fives the following acts. - An act to incorporate 'Goshen academy in the county of Lincoln and appoint trustees for the sr me. An act to establish and fix the name of the academy in the town of Forsyth in Monroe county and to incorporate the trustees thereof. An act to alter and amend an act entitled an act to remoye the court-house or the site of the public buildings in the county of Wayne, passed the lOth December, 1823. An act ®o lay out a road in the county of Camden and to appoint commissioners for the same. An act to incorporate the .town of Perry in the county of Houston, and to appoint commissioners of the same. And an act to cause the justices of the inferior court to lay off* three lots of land in the commons of the town of Madison, Morgan coun* ty whereon the Methodist, Presbyterian and Baptist persuasions have the right of building churches. Which were presented to and severally 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. Iceman called up the report of the committee on the petition of Samuehxqffiington, which is as follows: The select coh*pittee to whom was referred the petition of Samuel JjUiTingfon, have the same and the accompanying documents a due and strict examint*^0Dj and upon turning to the law passed 25th December, 1821, appoint)^ commissioners to rent out all such frac- tions and islands as were imitate fit for cultivation, situate in the several counties for which the^^yere appointed, were not authorized by the law to rent out either irh^ioris or islands other than those 109 which were in a state fit for cultivation, and it fully appears from the documents that the nine islands in the Ocmulgee river, at the place known and called by the name of the Wicked Shoals, were not lie lot cultivation—though it seems clear to your committee that they rent- ed them out because they were called good fisheries, and that mr. Buf fington though he rernonstrat-d against the right to rent, as they were not fit f terand amend an act entitled an act to regulate ar.d keep in repair the public roads, causeways and bridges in the counties cd Burke, Jcf- ferson and Richmond, Greene aid Morgan, so far as inspects-the counties of Burke, Jefferson and Richmond, passed Dec. 13 h 1809. The following bills were re'ad the second time, and ordered for a committee of the whole, to-wit: '#» A bill to amenj! an act entitled an act authorising the inferior courts in each county in this state to establish ferries, bridges, See passed 6:h Dec. 1805. ' a bill to entitle the incorporated academies ef Oglethorpe county to their full dividend of the fund set apart for county academies. A bill to repeal so much of the first section of an act entitled an act to amend an awe entitled an act to revise and am nd the judiciary sys- tern of this stake,passed 16th day of February 1799, and to provide for the opening rmd adjourning of the several courts of ordinary in this staie, in cer tain cases, passed 17th Dec 1823 as relates to offences not subject to penitentiary punishment, and which are not punished with de&.h. A bill to reduce the ferriage on Broad river, and to establish the san e 'permanently by law. Abtii concerning warrantys. * 425 A biil to aster and amend the fourth sec'ion of an act to alter aticf amend the roa A bill to authorise William Career to build a dam on Chatahoochia river, and to cut a canal from the same. A bdl for the relief of John Burgess. And a bill to vest in the Hibernian society of the city of Savan- nah all monies arising from the sales of escheated estates of Irishmen in the county of Chatham. And he withdrew. Tt),e senate adjourned until to-morrow morning 10 o'clock-. 4 FRIDJLF, 2Uk November, 1824... 1 On mo$on of Mr. Hardee, Resolved, That the joint committee on internal improvement do take into consideration the importance of cutting a canal from the most practicable point on the Atatamaha river to Brunswick, and that they report by bill or otherwise. Which was read and agreed to. Th-e hon. senator from the county of Washington had leave of ab- sence after to-day till Monday next. Mr, Gamble presented the petition of John Pugsley, which was read and referred to the joint committee on finance* 127 Mr. Davies from the joint judiciary committee to whom was re,- fferred so much of the communication of his excellency the governor as relates to the Africans now in possession of the state reported. Which report being read ordered to lie on the table. Mr. Davies from the committee to whom was referred the letters of the attorney and comptroller general relative to an execution against Win. W. Oliver the former tax-collector of Scriven county, have had the same under consideration, and beg leave to report— That inasmuch as the state is remediless as against James Bryant the former sheriff of that county and his securities, on account of their insolvency and the collusion between the said sheriff and tax- collector in making an entry of false satisfaction upon said execution and delivering the same up to the defendant, when in truth nothing was received thereon, being manifest to the committee, they respect- fully submit the following resolution. Resolved That the comptroller-general is hereby authorised and required to issue a new execution immediately against said default- ing tax-collector for the amount due by him to the state, and forward the same without delay to the attorney general of the state* Which was read and agreed to. Mr. Davies from the joint judiciary committee reported a bill to prohibit the judges of the superior courts in this state from practising as attornies proctors or solicitors in the district or circuit courts ot the United States for the district of Georgia. Which was read the first time. Mr. Davies also from the joint judiciary committee to whom was4 Keferred that part of his excellency the governor's communication which relates to a court of errors and appeals, Reported— That they have had the same under consideration and are of opin- ion that the powcf to establish such court is not vested in the legis- lature by the existing constitution and that it is inexpedient to alter the constitution at, this time. They therefore beg leave to offer the following resolution. Resolved, That the judiciary committee be released from the fur- tlier consideration of that subject. Which was read and agreed to. The bill to.change the time of holding the inferior courts in the county of Jasper, 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 amend and explain the fourth section of an act to sell and dispose of the fractional parts of surveys of land which remain unsold in the counties of Walton, Gwinnett, Hall, Habersham and Rabun, and also all such parts of lots of land as have been forfeited to the state as have been fraudulently drawn. 128 A bill to amend the law prohibiting slaves from selling certain ar* tides without licence. A biil to regulate the election of Aldermen for the city of Savan- Bail, The bill to authorise Anderson C. Middlebrooks and John W. (l avs to es abiish a toll bridge over the Apalachie river, at or near Hick's ford for a third reading, was ordered for committee of the; whole. 1 , The following bills were read the third time and passed. A bill to authorise the justices of the inferior court of Newton county to convey to the trustees of the Newton county academy at Covington a part of the lands heretofore purchased for county pur- poses for the purpose of erecting thereon an academic edifice. A bill to authorise the trial of certain causes in Morgan superior court. A bill to alter and change the name of Jared Spence to that of Jared Johnston, and Charles Roberts to that of Charles Wheeler. A bill to change the time of holding the inferior court of Hancock * county so far as relates to the summer session thereof. A bill to establish a ferry across the Chatahoochie river at a place known by the name of McWright's ferry,—and A bill to amend so Far as respects the county of Burke an act to alter and amend an act entitled an act to regulate and keep in re- pair the public roads causeways and bi itlges in the counties of Burke, Jefferson and Richmond, Greene and Morgan, so far as respects the counties of Burke, Jefferson and Richmond, passed Dec. 13, 1809. The senate again resolved itself into committee of the whole on the biil for the relief of purchasers of fractional surveys, lots or islands at the late sales in this state, mr. Montgomery in the chair The pre- sident resumed the chair and mr. Montgomery reported the bill with amendment. The senate took up 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 on the bill to alter and amend an act entitled an act to revive, amend and continue in force an act entitled an act to extend the time of taking out grants on surveys madeon head rights and bounty warrants, mr. Blackshear in the chair. The president resumed the chair, and mr. Blackshear reported the bill with amendment. The senate took up and agreed to the report; and And the bill was read the third time and passed, under the title of A bill to revise and amend the several land acts now in force in this state in i elation to vacant lands and lands surveyed on head rights and bounty warrants. The yeas and nays being required, are—yeas 44, nays 6. 129 Those who voted in the affirmative are Rawls Rem soil Sellers Stocks Stokes Strawn Tenntlle Tigner Walker Wellborn Whitehead Wooten Worthy Sheffield Swain The senate resolved itself into committee of the whole, on the bill for the relief of John Rawles and William Gross, 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; and The bill was read the third time and passed. The yeas and nays being required, are—yeas 27, nays 22, Those who voted in the affirmative, are Messrs. Allen Gilmore Mobley Blackshear Hardee Powers Blackstone Johnson Rawls Bozeman Lockhart Sellers Brown of Decatur Mangham Strawn Brown of Hancock McCrimmon Tennille Burney McKinne Wellborn Cleveland Miller "VVooten Gamble Mitchell W orthy Those who voted in the negative, are IVfACQrtS Baker ' Holt Sheffield Beall Jones Stocks Cook Little Stokes Crawford Maxwell * Swain Davies Montgomery Tignor Gibson Phillips Walker Gilmer Prjnce WhiteheM Groves Sen, 17 Allen Baker Beall Blackshear Blackstone Bozeman Brown of Hancock Burney Cleveland Cook Gamble Gibson Gilmore Groves Hardee Holt Johnson Jones Little Lockhart Mangham Maxwell McCrimmon McKinne Montgomery Phillips Powers Prince Those who voted in the negative are Messrs. Davies Mitchell Miller Mobley im The senate resolved itself into committee of the whole on the bili to lay out a new county out of part of he counties of Henry, Mon- roe and Newton, and to organise the same, mr. Cleveland in the chair; the president resumed the chair, and mr. Cleveland reported the bill witn amendments. Ordered that the report lie on the table. A, message was received from his excellency the governor by mr. Pierce his secretary, informing the senate that his excellency the gov- ernor has assented to and signed, The act to authorise the judge of the superior court of the eastern district to appoint a guardian or trustee for a certain woman of color named Rino; and The act to authorise Jas. Cleland to plead and practice as an attor- ney and solicitor in the several courts of law and equity in this state. Ordered, that the committee on enrollment do carry said acts to the secretary of state's office and-see the great seal of this state affixed thereto. A message was received from the house of representatives by mr, Dawson their clerk, informing the senate that the house of represen- ta ives had passed A bili to raise a tax for the support of government for the year 1825; and A bill to lay out a new county out of the counties of Gteene, Wilkes, Warren, Hancock and Oglethorpe. And he withdrew. Mr. Mangham from the committee appointed, reported a bill for for the relief ot certain inhabitants uf the counties of Chatham, Bryan. Lioerty, Mcintosh, Glynn and Camden, who suffered by the hurricane of the 14th of September, 1824. Which was read the first time. Mr. Stocks from the committee to whom was referred the petition of Thomas Mitchell, surveyor general, reported. Which report was read and ordered to lie on the table. Mr. Davies from the judiciary committee, to ,whom was referred the petition of Willis Young, reported— That they have had the same under consideration, and report that the said petition is unreasonable, and that the petitioner have leave to withdraw his petition. Which was read and agreed to. Mr. Prince from the committee appointed to examine and report or the expediency and expence of transcribing certain plans of districts, reported. Which report being read was ordered to lie on the table. On motion, Vhat the senate adjourn, it was determined in the affirmative. 131 The yeas and nays being required, are—yeas 24, nays g- Those who voted in the affirmative, are Messrs. .Allen B-ker B^ck-beir r'a.^-f-rre f: ' r. i a a-.vii of Hancock B-f - 7 Crawford Davies Gil more Hardee Holt Jones Lockhart Mangham McCrimmon McKinn* Remson Sellers Stocks Stokes Tennille Wellborn Whitehead Those who voted in the negative, are Messrs* BeaJI Miller Sheffield Cleveland Mitchell Strawn Cook Mobley Swain Gamble Montgomery Tigner Groves Phillips Walker Johnson Powers Wooten Little , Prince Worthy Maxwell Rawls The president adjourned the senate until to morrow morning 10 o'clock. SATURDAY, 2.7th November, 1824. Mr. Davies moved to reconsider the journal of yesterday so far as relates to the passage of the bill for the relief of John Rawls and William Gross, which was determined in the affirmative. Ordered that said bill do lie on the table. The senate took up the report of the committee af the whole on the bill to lay out a new county out of part of the counties of Henry Monroe and Newton, and to organize the same.. Which was read and agreed to. Ordered that said bill lie on the table. On motion of mr. Prince, Resolved, That the surveyor-general do report to the senate the area in miles square, as near as he can ascertain the same, of the iS2 county proposed to be laid out from the counties of Greene, Wilkes,'. Oglethorpe, Warren, and Hancock, and also of the county proposed to be formed out of the counties of Henry and Monroe. On motion, Ordered that the hon. senator from the county of Irwin have leave qf absence until Monday next, 12 o'clock. On motion of mr. Maxwell, Resolved, That the president of senate be authorized to have seats provided in the senate chamber for the honorable gentlemen elected electors of president and vice-president, and that they be invited to occupy the same, as it may suit th-em during their stay at Milledge- ville. The senate took up the resolution proposing the adjournment sine die of both branches of the legislature on the 11th of December next. Which was ordered to lie on the table. The senate also took up the resolution authorising and requiring his excellency the governor to employ some good draftsman to make an accurate map of the state of Georgia, designating the relative sit- nation and bounds of each county,&c. Which was read and disagreed to. A printed communication addressed to the president aud member of the senate, on the subject of cutting a canal from the Alatamaha to Turtle river and improving the town of Brunswick, was opened: read, and On motion of mr, Hardee, Referred to the joint committee on agriculture and internal Ua- provements. On motion of mr. Maxwell, Resolved, That the committee on agriculture and internal improve- ment be instructed to inquire into the expediency of cutting a canal Jrqm Alatamaha to Sapeio river. Mr. Davies presented the petition of Henry King of the state <$f Pennsylvania, which was read and referred to the joint committee oh finance. Mr Gilmore had leave to introduce instanler, a bill to authorise Joseph Tilman to erect a toll bridge over Canouchec river on his own Jiand, which was read the first time. The bill fpr the relief of certain inhabitants of the counties d.f Chatham, Bryan, Liberty, Mcintosh, Glynn arid Camden who suffer- ed by the hurricane of the 14th Sept. 1824. And the bill to prohibit the judges of the superior courts in this state from practising as attornies proctors or solicitors in the district or circuit courts of the United States for the district of Georgia, were read the second time and ordered for committee of the whole. • 133 The bill to change the-time of holding the inferior courts in tile county of Jasper, was read the third time and passed. The senate resolved itselfinto committee of the whole on. the frill to amend the judiciary Jaws of force in this state so far as relates to il- legality of executions, and to authorise the courts t» inquire and cor-" rect errors and irregularities in judgments, rar. Maxweli in the chair. The president resumed the chair and mr. Maxwell 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 otithe bill to compel persons holding academy funds unaccounted for to pay' interest in certain cases, rar. Da vies in the chair. The president re- sumed the chaii, and mr. Davies reported the bill with amendment. The senate took up and agreed to the report; and The bill was read the third time and passed. The bill concerning the fees of justices of the peace and constables was laid on the table the balance of the session. The senate resolved itselfinto committee of the whole on the bill to allow executors and administrators to enter appeals in certain cases, mr. Montgomery in the chair. The president resumed tjie chair, a.nd mr. Montgomery reported the bill without amendment The senate took up and agreed to the report. And the bill was read the third time and passed. The bill to carry into effect a clause of the last will and testament; of Mark Cole, deceased, so far-as to manumit and set fr4 nr. Montgomery, Resolved That the hour ot meeting of the senate be at nine o'clock in fu.cre. The bou senator from the county of Liberty had leave of absence for a tew days. The president laid before senate the following communication from Thomas Mitchell, esq. surveyor general: In obedience to a resolution of senate of the 27th inst. the Survey- or general begs leave to submit the fotlowing report— F< om.the best information I have been able to obtain by the map of the state and other sources, the contemplated new county to be form- ed out of the counties of Greene, Hancock, Oglethorpe, Warren and V\ ilkes, contains an area of two hundred and seventy--five square miles, or equal to a surface of about sixteen and a half miles square. And the new county proposed to be formed from the counties of Henry and Monroe, contains an area of one hundred and forty-one square miles, or a territory of about equal to eleven miles 72 chain square. All which is respectfully submitted, By your most obedient and very h'ble scrv't, nio. MITCHELL, Sur. Gen, Surveyor General's Office, > 29th November, 1824. y Which was read and ordered to lie on the table. The senate took up and agreed to the report of the corrimitteeon the state of the republie, to whom was referred the memorial of the steam boat company, which is as follows; That it is desirable to the state to dissolve its connection with thd said company, and to withdraw its funds from a situation in which they are exposed to the hazards of mercantile adventures—that in- stead of rescinding the agreement of 1820, as prayed for in the said memorial, it is desirable to the state to rescind the original agree*- 140* meni for the purchase of stock; and in doing this, the state would be willing tq give the said company credit for the sum of 832,000 receiv- ed on account: Therefore, Resolved, That his excellency the governor be and he is hereby au- thorised and requested on payment into the treasury within six months from this date of the sum of sixty-eight thousand dollars to surren- der to the said company its certificates of stock, its bond and mortga- ges. the agreement of 1820, and to grant to the said company as an acquittance from all demands : Provided, the said company at the time it pays the money aforesaid, shall surrender to the state all rights it may n,ow enjoy of exclusive navigation by steam of the waters of this state, which the slid company have derived or exercised under any acts of this state. The senate took up the hill4 to lay out a new county out of the counties of Henry, Monroe and Newton, and to organise the same. The caption being amended by striking out the word " Newton," The bill was read the third time. And on the question ' Shall this bill now pass?' it was determined in the negative. The yeas and nays being required are—yeas 15, nays 35* Those Who voted in the affirmative, are Messrs. Bozeman Johnson Spann Burney Mitchell Strawn Cleveland Mobley Swain Coffee Phillips Tennille Hardee Sellers Wellborn Those who voted in the negative are Messrs. Allen Groves Prince Bead Holt Rawls Blacksbear Jones Remson Blackgtone Little Sheffield Brown of Decatur Lockhart Stocks Brown of Hancock Mangham Stokes Cook Maxwell Tignor prawford McCrimmon Walker Davies McKinnc Whitehead Gamble Miller Wooten Gibson Montgomery Worthy Gilmer Powers Mr. Crawford had leave to introduce instanter, a bill to repeal an act to ctfmpe lthe clerks of the superior courts to keep their offices at the court-house of their respective counties, or within one mile there- of, so far as respects the county of Decatur. Which was read the first time* 141 ■\The senate resolved itself into committee of the whole on the bill to authorise the establishment of a new market-house in the city of Augusta, mr. Jones in the chair. The president resumed the chair and mr. Jones reported progress and had leave to sit again. Ordered, that the bill lie on the table until called up. The senate resolved itself into committee of the whole on the bill to alter and amend an act entitled an an act to impose an addi- tional tax on pedlars and other itinerant traders, passed the 9th day of December, 1819, mr. Alien in the chair. The president resumed the chair, and mr. Allen reported the bill with amendment. The senate took up and agreed to the report. And on the question, " Shall jthis bill now passt*' it was defer- mined in the affirmative. The yeas and nays being required, are—yeas 30, nays 23, Those who voted in the affirmative are Messrs. Beall Hardee Remsort Biackstone Johnson Sellers Bozeman Jones Sheffield Burney Little Spann Cleveland Lockhart Strawn Coffee MeQrimmon Swain Cook McKinne Tennille Gibson Miller Walker Gil more Phillips Wellborn Groves Prince "Worthy Those who voted in the negative, are Messrs. Allen Holt Rawls Blackshear Mangham Stocks Brown of Decatur Maxwell Stokes Brown of Hancock MitcheJJ Tignor Crawford Mobiey Whitehead Da vies Montgomery Wimberly Gamble Powers Woolen Gilmer The bill to vest in the Hibernian Society of the city of Savannah all monies arising from the sales of escheated estates of Irishmen of the county of Chatham, was read 2d time and ordered for third read- ing- The Following bills were read the second time and ordered for com- mil tee of the whole, to-wit: A bill to lay out a ne w county out of the counties of Wilkes, War- ren, Hancock, Greene and Oglethorpe. A bill to raise a tax for the support of government for the year 1825. 142 A bill to authorise William Garner to build a dam on Chataiiccchie "river, and to cut a canal from the same. A bill to compel executors, administrators and guardians to account for the interest of monies appropriated to their own .se belonging to minor children. A bill to separate and divorce Ann Ware and George Ware her husband. A bdl for the relief of John Burgess. Mr. Blackshear from the select committee to whom was referred the petition of Roswell King, Joel Crawford, Farish Carter and Sam- uel Rockwell, reported a bill to incorporate the Georgia Canal Com- pany. Which was read the first time. A message was received from the house of representatives by tnr. Dawsou their clerk, informing the senate, that the house had passed a bill to prescribe the mode of choosing the electors of president and vice-president of the United States to which this state is entitled by the constitution of the United States. And he withdrew. Mr. Stokes from the committee on enrollment reported as duly en- rolled and signed by the speaker of the house of representatives, An act to change the time of holding the inferior court of Hancock county so far as relates to the summer session thereof. An act to authorise the justices of the inferior court of Newton county to convey to the trustees of the Newton county academy at Covington a part of the lands heretofore purchased for county pur- poses for the purpose of erecting thereon an academic edifice. An act to amend so far as respects the county of Burke an act to alter and amend an act entitled an act to regulate and keep irt re- paa'r the public roads causeways and bridges in the counties of Burke, JelFerson and Richmond, Greene and Morgan, so far as respects the ■ counties of Burke, Jefferson and Richmond, passed Dec IS, 1809. An act to establish a ferry across the Chatahoochie river in the county of Gwinnett, at a place known by the name of McWrightus ferry, and to'vest the righr thereof in Matthew McWright and his heirs, and to fix the-rate of ferriage. An act to alter and change the names of Jared Spence to that of Jared Johnston, and Charles Roberts to that of Charles Wheeler. An act to make permanent the site of the public buildings in the county of Decatur and to name the s«me, and to designate one or more, additional sites in said county for holding elections, and to pun- ish those who may attempt to defeat the provisions of this act, and to allow the clerk of the superior court to keep his office at his own house. An act to authorise the trial of certain causes in Morgan superior court. An act to alter the militia laws of thi3 state as far as relates to the county of Richmond, and to authorise the organisation of a legionary corps in the city of Augusta >'and 143 An act to establish an engine company in the city of Savannah. Which were piesented to and severally 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. Davies had leave to introduce ins tauter, a bill to incorporate the Savannah St. Andrew's Society. Which was read the first time. On motion of Mr. Lockhart, Resolved, That two hundred copies of the bill to incorporate the Grand Canal Company, be printed for the use of the members. * The hon, senator from l)e Kalb had leave of absence for a few days. .Mr. Davies presented the memorial of E. W'ombersie, which was read and referred to the committee on finance. On motion, The ho n. senator from the county of Bryan was added to the com- mittee on finanee. On motion of mr. Crawford, Resolved, That in the event of the non-attendance of any one or more of the electors of president and vice-president of the United States, between the hours of eleven and twelve o'clock of this day, that his excellency the governor be requested and he is hereby autho- rised to fill the vacancy occasioned by the non-attendance of said elector or-electors. The senate adjourned until to-morrow morning,9 o'clock-. WEDNESDAY, 1st December, 1324. On motion of mr. Stocks, . So much of the journal of yesterday as relates to the alteration qf the hour of meeting to nine o'clock, was reconsidered. The yeas and nays being required thereon are—yeas 24 nays 18. Those who voted in the affirmative are Messrs. _ Beall Bozeman Cook Blackshear Brown of Hancock Davies 144 Jones 43 il more Hardee Holt ' Rem son Sellers Spann McCrimmon McKinne Fhiilips Stocks Stokes Strawn Tigner Lamkin Lockhart Wellborn Wimberly Messrs. Alien Blackstone Those who voted in the negative* are Little Maxwell Powers Rawls Swain Burney Gamble Gibson Groves Montgomery Miller Mitchell Mobley Tennille Whitehead Wooten Mr. Gamble had leave to introduce instanter, a bill to change the time of holding the superior court in the county of Burke so far as' relates to the spring term of said court. Which was read the first time, Mr. Holt laid on the table the following resolution: Whereas at the last session of the legislature the following resold tion was passed* to-wit: Resolved, That his excellency the governor be and he is hereby au- thorised and required to suspend the proceedings on a mortgage fi. fa. against fractions No, 285, and 292 in the 14th district of formerly Baldwin, now PutDam county for the term of twelve months., Jlnd be it further resolved, That the solicitor-general of the Oc- mulgee circuit do take all legal means to obtain a judgment as soon as possible on a bond given by John A. Cuthbert and his securities, Isaiah Favour and Luke J. Morgan, which suit has been ordered by the late governor and pay inio the treasury the sum so raised in dis- charge of the aforesaid mortgage fi. fa. And whereas the solicitor-general of the Ocmulgee circuit has not had time to collect any money on said bond. Re it therefore resolved, That his excellency the governor be and he is hereby authorised and required to suspend the proceedings on a mortgage fi. fa. against fractions No- 285, and 292 in the 14th district of formerly Baldwin now Putnam county, until the first day of Oc- tober next: Provided, That nothing in this resolution shall go to re- lease said fractions from being subject to said mortgage fi. fa. The senate resolveditself into a committee of the whole on the bill to establish a ferry on the Alatamaha river at the place called Man's ferry in the county of Appling, &c. mr. Beall in the chair. The pre- sident resumed the chair* and mr. Beall reported the bill without amendment. Ordered that said report lie on the table'. 143 The senate took up the messages from the house of representatives, . The report and resolution respecting the further qjinguishmt-nl of Indian title to tue territory within ttie limits ©f Georgia, was read and concurred in. The resolutions in favour of the solicitor's-general of the northern and Western circuits was read and concurred in. The resolution in favor of Win. W. Brown was read and concur- red in. And the several bills therein contained were read the first time. The following communication was received from the electors of President and Vice President of the United States by mr, Jaillet, their secretary. Thfe electors of President and Vice President of the United States for the ensuing four years from the fourth day of March have the honor to inform the senate that they will be ready a 12 o'clock this day to proceed to the discharge of their duties, ana request to be in- formed whether it will comport with the convenience of the senate for them to assemble in the senate chamber at that hour for that pur- pose. The following communication was received from his excellency the Governor, by mr. Pierce his secretary, to wit: Executive Department, Georgia, ? Milledgeville, \st Dec 1824. £ I submit for the consideration of the legislature a letter received yesterday from the mayor of Savannah, announcing the introduction of a contagious disease into that city which in its essential Character- istics bears a strong resemblance to the small pox. The suggestion in relation to the establishment of a Lazaretto for the reception of the diseased, merits your attention. Every aid and assistance which can be contributed fo remove the sick beyond the limits of the city, and concentrate them in some isolated position will at once secure the country from infection and enable it to maintain the usual intercourse with the town. Whilst other states and cities are visited by this affliction it will be vain for Georgia to hope for absolute exemption by aby means to which she would have recourse. A cordon of health effectually cut- ting ail communication between town and country of our own state and between our own and other states, may be considered by you as purchasing this exemption at too high a price, nor can the duration of the evil and consequently of the remedy be calculated. Signed* G. M. TROUP. Which was read, arid referred together with the letter from the mayor of the city of Savannah, to a committee consisting of messrs. Davies, Maxwell and Powers. 19 146 Uis excellency the governor also informed the senate by mr. PkrCe his secretary, ttjkt he had approved and signed the report of ^ committee on internal improvement, on the subject of the a" ^ «.T *\,a» gress of the 30th April last authorising the President to p c«"ee die Necessary surveys,plans and estimates for roads and carats. On motion of mr. Gilmer, Unsolved, That the senate will adjourn at half past 11 o'clock, As M. this day. , ' Resolved, That the secretary of the sen? te inform the electors of President and Vice President of the United States of the mentof the senate, and that the senate chamber will be prepared at the hour of 12 o'clock this day fur their meeting. •t ' f-< Mr. Fignor had leave to introduce insfanter, a blti to authorise the infer]ur courts of Monroe county to make and convey ti les „o ceitaih lots or parts of Jots in the town of Forsyth to the liaptist and other religious societ ies. Which was read the first time. I Mr, Gilmer presented the petition of sundry citizens of Oglethorpe county, which On motion, Was referred to the committee on public education and free school^. The senate adjourned until to-morrow morning 10. o'clock.' . THURSDAY, 2d December, 1824. . Mr. Stocks Moved *"o reconsider so much of the journal of yesterday as related to the concurrence of senate in the resolution of the house of repre- sentatives in favor of William W. Brown. Which was determined in the affirmative. Mr. Rawles laid on the table the following resolution: Resolved, That the election for principal keeper and inspectors fof tiie penitentiary shall take place on Monday next at seven o'clock post meridian. Mr, Swain laid on the table the following resolution: Resolved, That the senate .will not receive any new matter after .Saturday the 11th inst. and that the senate will adjourn sine die on Saturday thereafter. 147 The senate took np the resolution of the house of representatives in favor of William W. Brown, which was read, amended and agreed to, and is as follows: Whereas, William W. Brown of Jones county rented the ferry across the Ocmuigee river in the town of Macon for the year 1823, f*r the payment of which rent he is bound by ihiee promissory notes, with good security: Resolved That the soUritor-general be instructed te suspend all pro- ceedings on the part of the state, against the said William W. Brown and his secu ities, for the term of one year from the first of January next: Provided, the said Wm W. Brown shall pay the interest on s id debt, together with the cos^s and the solicitor general's commis- sious for collection, and that he shall give further security if required by the aforesaid solicitor general, and provided that nothing herein contained shall goto prevent the immediate collection of said debt if the securities already bound do urge the same. The senate took up the resolution of the house of representatives in favor of George Stapletson, which was read, amended, agreed to, and is as follows: Resolved, That the sum of four hundred dollars be and the same is heneby set anai\t and appropriated for the said George Stapleton in lieu of a bounty Ujind due him by the state of Georgia for services ren- dered during thfe years 1777, 8 and 9- and for which he has never re- ceived any thing By way of compensation, and that the same be in- serted In the appropriation act. The following message was received from the house of represeni tatives by mr. Dawson their clerk. Mr. President, The house of representatives have passed the fallowing bills, which originated in senate, to wit: A bill to incorporate the llenry county academy, and to appoint trustees for the same. A bill to incorporate the Fayetteville academy and to appoint trus tges for the same. A bill to appoint trustees for the Wilkinson county academy and to incorporate trustees for the same. A bill to alter and change the name of John Early W. Preskett to that of John Early W. Oliver. A bill to authorise James Kemp to keep up a ferry across the Alta«. maha river. A bill to vest the powers of the commissioners of the court house and jail of Laurens county, in the inferior court of said county. A bill to authorise the justices of the inferior court for (he county of Fayette, out of any lands by them heretofore appointed for county purposes and not otherwise appropriated to cpnvey to.the trustees of the Fayette county academy, &c. 148 A bill to legitimate and change the names of Winney B, James Fv and William A. Osburn to that of Winney B, James F. and Wm. A. Nusom. ' A bill to incorporate the Lawrenceville academy in the county of •Gwinnett and to appoint trustees for the same. A bill to lay off Emanuel county and Fatnall into election districts. A bill to repeal a law passed in the year 1817 prohibiting the in- production of slaves, only on certain conditions. A bill to incorporate the academy of Rabun county and to appoint trustees for the same. A bill to establish and regulate district elections in the county of Bryan and to punish those who may attempt to defeat the same. A bill to keep open, remove and prevent obstructions in the Ohoo- pie river calculated to prevent the free passage of fish of said riyer so far as ifespects the counties of Tatnall and Emanuel. And a bill to incorporate the Clarksviile academy. They have concurred in the resolution of senate authorising the governor to fill any vacancy which may have cccured in the electoral college of this state. They had passed the following bill, to-wit: A bill to establish and regulate district elections in the county of Pulaski, and to punish those who attempt to defeat th§ same. They have agreed to a resolation appointing a committee to join such as may be appointed on the part of senate to take into conside- ration the constitutionality of the law passed the last session of con- gress, laying additional duties on impost, and have appointed as a committee on their part, messrs. Lumpkin, Pooler, Thomas of W ar- ren, Holt and Baxter. The house has agreed to the amendments of senate to the bill of the house to alter and amend an act to revive and continue in force fin act entitled an act to extend the time of taking out grants on surveys made on head rights and bounty warrants. To the amendments of the bill for the temperary relief of purcha- ser* of fractional surveys, lots or islands, at the late sales in" this ftate. And to the amendments to the bill to add two additional places of election in the^county of Glynn, for the greater convenience of all the citizens thereof And he withdrew. The senate took up the report on the bill to establish a ferry on the Aiatamaha river at the place called Man's ferry in the county of Ap- pling, &c. which was amet ded and agreed to. > And thelfiil was read the third time and passed. The senate took up the resolution of the house of representatives in favor of Amos Richardson, which was read. And on the question to concur therein, it was determined in the ne- ■ gMive. 149 The yeas and nays being required thereon, are—yeas 23, nays -2.8. Those who voted in the affirmative are Messrs. Ailen Beali Biackstone Bozeman Brown of Decatur Burney Coffee Davies Gamble; Groves Jones Lamkin Lockhart Maugham Montgomery Phillips Those who voted in the negative are Messrs. Blackshear Little Brown of Hancock McCrimmon Cleveland Miller Cook Mitchell Crawford Mobley, Gibson Powers Gilmer Prince Gilmore Rawls Hardee Xtemson Holt Spann Strawn Tennille Walker Wellborn Whitehead Worthy Sellers Sheffield Stocks Sfokes Swam Taylor Tignor Wimberly Woo ten Mr. Allen from the joint committee on internal improvement, tt> whom was referred the report of the commissioners of the (Jconee. Navigation Association, reported— That they have carefully examined the same, and find that they have made considerable improvements in the navigation of said river by removing a considerable number of logs of various sizes out of said river, also by removing a number of trees from the margin of said ri- ver, which eventually would have obstructed the navigation; they have also caused several canals or cuts to be made, which shortens the distance and facilitates the passage of boats. Your committee further find the said board have under their control 18 working hands, 810,000 in bank stock, $551 47 in notes, accounts and attornies re- ceipts, and gl20 cash on hand. Your committee therefore recoin- mend the following resolution : Resolved* That the said board of commissioners are entitled to the highest confidence for their strict attention and indefatigable exertions in promoting the interest of the state, so far as respects the improve- ment of said river. And be it further Resolved, That his excellency the governor be and he is hereby requested to transmit a copy of this report with the accompanying resolutions to said board of commissioners. Which was read and agreed to. Mr. Allen further reported— That the joint committee on internal improvement to whom were referred the report of the commissioners appointed to superintend 150 the improvement of the navigation of Savannah river from the town " tif Petersburg to the village of Andersonville, report— That they have had the same under consideration, and find that they have completed the navigation of that section of said river, with the exception of a small distance, so that a boat can pass with 80 bales of cotton, and that there yet remains in the hands of the treasurer of said board, the sum of $55 68| which they u jem sufficient to com* plete that section of said river as above stated". Your committee therefore recommend the following resolution: Resolved, That said board of commissioners be and they are hereby directed to exercise their best judgment in completing the navigation of that section of said river, so far as the funds in their hands shall ex* tend. Which was read and agreed to. The following communication was received from his excellency the governor, by mr. Pierce his secretary, viz: Executive Department, Georgia, ) Milledgeville, 2d Dec. 1824. J The copy of a letter from major-general Adams herewith sent, will apprise you of his resignation of the command of the fifth division of militia, and his reasons for the same. The vacancy occasioned by the retirement of this old and merito- rious officer you will probably consider it incumbent on you to fill dur- rig thfe present session. Si^n6d} G. M. TROUP. Which was read and ordered to lie on the table. The bill to repeal an act entitled an act to regulate the intercourse between the banks incorporated by the General Assembly of the state of Georgia and the Bank of the United States and the branches there- of, so far as regards the demands which may De made for specie by the latter upon the former, &c. Was made the special order for to-morrow. The senate took up the bill to fix the times of holding the superior and inferior courts in the Flint circuit. Which was amended by unanimous consent. The bill was read the third time and passed. Mr. Tignor had leave to introduce instanter, a bill authorising Geov A. Brown to keep a ferry across the Ocmulgee river near the Long Shoals, on his own land. Which was read the first time. The following bills were read the second time* and ordered for . a third reading, viz: A bill to incorporate te Iluntsville academy in Jasper county. 151 A bill to incorporate the Savannah St. Andrews Society* A bill to change the time of holding the superior court in the coun- of Burke, so far as relates to the spring term of said court. A bill to repeal an act entitled an act to compel the clerks of the superior courts to keep their offices at the court house of their re- spective counties, &c. so far as respects the county of Decatur. And a bill to authorise the inferior court of Monroe county to make and convey tides to certain lots or parts of lots in the4town of For- syth to the Baptist and other religious societies. The following bills were read the sfccond time, and ordered for a committee of the whole, to-wit: A bill ?o prescribe the mode of choosing electors of president and vice president of the United States to which this state is entitled by the constitution of the United States. A bill to divide the county of Appling. A bill to layoff, define and keep open the main channel of Broad river, so as to prevent the obstruction of the passage of fish, and to appoint commissioners for the same ; and A-bill to exempt all aliens residing or at any time being within the state of Georgia from the performance of ordinary militia duty and other military duty except the duties hereinafter specified. The bill to incorporate the Georgia Canal Company was read the second time and ordered for committee of the whole. The senate resolved itself into committee of the whole on the bill to secure to Stephen Pierce, his heirs and assigns, for the term of ten years from the 1st day of January next, the exclusive right of running a line of stage carriages between the cities of Savannah and Augusta, mr. Blackshear in the chair. The president resumed the chair, and mr. Blackshear reported the bill with amendment. „ The senate took up and agreed to the report. The bill was read the third time under the title of A bill to secure to Stephen Pierce the sole and exclusive right of running a line of stage carriages, between the cities of Savannah and Augusta for the term of ten years. And on the question,' Shall this bill now pass?' it was determined fn the affirmative. The yeas and nays being required, are—yeas 35, nays If. Those who voted in the affirmative, arc Messrs. Allen Groves Miller Blackshear Ilardee Mitchell Bozcman Holt Powers Brown of Decatur Lamkin Prince Brown of Hancock Little Ha wis Coffee Lockhart Rernson Cook Mangham Sellers Crawford Maxwell Sheffield Davies McCrimraont Stokes Gamble McKinne Taylor 152 Tignor Walker Whitehead Wi ruber ly Worthy Those who voted in the negative, are Messrs. Beall Jones Mobley Sfrawfi Swain Tennille Burney Cleveland Montgomery Gibson GiMner Gd more Phillips Spann Stocks» Wellborn Wooten The senate resolved itself into committee of the whole on the bill to alter and amend the fourth section of an act to alter and amend the road laws of Glynn county, passed i82I,and to increase the road commissioners therein, mr. Holt in the chair. The president resum- ed the chaii, and mr. Holt reported the bill with amendment. The senate took up and agreed to the report j and The bill was read the third time and passed under the title of a bill to alter and amend the fourth section of a road act passed the 23d Dec. 1822, for the county of Glynn, and add two commissioners to the board and to compel one half of the hands residing on Colonel's Jekyl and Blythe islands to work on certain cuts. The bill to vest in the Hibernian society of the city of Savannah all monies arising from the sales of escheated estates of Irishmen of the countyof Chatham was read the third time and passed. The senate resolved itself into committee of the whole on the bill- to prohibit the judges ot the superior courts in this state from prac- tising as attornies in the district or circuit courts of the United States for the district of Georgia, mr. Lockhart in the chair. The president resumed the chair, and mr. Lockhart reported the bill with amend- ment. The senate took up and agreed to the report The bill was read the third time— And on tfre question ' Shall this bill now pass r' it was determined In the affirmative. The yeas and nays being required, are—yeas 47", nays 3,-j. Those who voted in the affirmative are Messrs. Allen Beall Blackshear Brown of Decatur Brown of Hancock Burney Cleveland Coffee Cook Crawford Davies Gamble Gibson Gilmer Gil more Groves Hardee Jones Lampkin Little Mitchell Montgomery Phillips Prince Lockhart Mangham Maxwell McKinne Miller McCrimmon Raw is Remson •Sellers Sheffield Stocks Stokes Strawn' Swain Taylor Ten mile Tigner Walker Well bora Whitehead Wimberly Wooten Worthy Those who voted in the negative are Messrs. Holt Mobley Powers The senate resolved itself into committee ©f the whole on the bfti to amend and explain the fourth section of an act to sell and dispose of the fractional parts of surveys of lands which remain unsold in the counties of vValton, Gwinnett, Hall, Habersham and Rabun, and also all such parts of lots of land as have been forfeited to the state as having been fraudulently drawn, mr. Maxwell in the chair. The president resumed the ctuir, and mr. Maxwell reported the bill with- out amendment Ordered that said report lie on the table. The bill for the relief of certain inhabitants of the counties of Chatham, Bryan, Liberty, Mcintosh, Glynn and Camden who suffer* ed by the hurricane of the 14;h of Sept. 1824, was ordered to lie ob the table the balance of the session, And the yeas and nays being required thereon are—yeas 27, nays 23. Those who voted in the affirmative, are Messrs. Beall Blackshear- Barney Coffee Crawford Jones Lampkin Little Maxwell McCrimmon Mitchell Mobley Montgomery Remson Sellers "Stocks Stokes Strawn Swain Tigner Gilmore Groves Wellborn Whitehead. Wimberly These who voted in the negative, are Messrs. Alien Brown of Decatur Brown of Hancock Cleveland Cook Davies Gamble Hardee Miller Phillips Powers Prince Holt Lockhart Mangham McKinne Rawls Sheffield Taylor Tennillo Walker Wooten Worthy The senate adjourned untill to-morrow morning 10 o'clock. Sen. 20 iU FRIDAY, 3d December, 182£ On motion of inr. Allen, The senate reconsidered^so much of the journal of yesterday as related to its disagreement in the resolution of the house of repre- sentatives in favour of Amos Richardson. On motion of mr. Mangham, The senate reconsidered so much of their journal of yesterday as related to the laying on its table the balance of the session a bill for the relief of certain inhabitants of the counties of Chatham) Bryan-, Liberty, Mcintosh, Glynn and Camden, who suffered by the huiri- cane of the 14th Sept. 4824. On motion of mr. Stocks, The messenger had leave of absence for a week by furnishing a Substitute. _ The senate resolved itself into committee of the whole on the bill to lay out a new county out of the counties of Wilkes, Warren, Han- ' cock, Greene and Oglethorpe, mr. Allen in the chair. The president resumed the chair and mr. Allen reported they had disagreed to the. bill. The senate took up the report. And on the question to agree thereto, the yeas and nays being re- quired are—yeas 31, nays 21. Thos$ who voted in the affirmative, are Messrs. Allen Beall Biackshear Brown of Depatur Brown of Hancock Cook Crawford Gamble Gdmer Gilmore Hardee Mitchell McKinne Milter Lockhart Mangham Maxwell Holt Jones Montgomery McCrimmon Powers Prince Rawls Sellers Sheffield Taylor Tignor Whitehead Wimberly Worthy Those who voted in the negative are Messrs. Blackstone Bozeman Burney Cleveland Coffee Gibson Groves Lamkin Little Mobley Phillips Remson Spawn Stock? Stokes Strawn Swain Tennille Walker Wellborn Wooteh 155 Mr. Lockhart |irom the joint committee on the penitentiary repdH- cd, which report was read and ordered to lie on the table. Mr. Lockhart from the committee aforesaid reported a bill to re- peal the fourth section of an act to carry into effect, the penal code and to repeal the fourth section of an act entitled an act to carry into effect the penal code. Which was read the first time. On motion of mr. Crawford, The hon. senator from the county of Decatur had leave of absence until Monday next. The following message was received from the house of represen- tatives by mr. Dawson* their clerk. Mr. President, Tne house of representatives have passed the following bills, to" wit: A bill to amend the estray laws of this state. A bill to authorise the volunteer company in Jones county, com- moniy called the Clinton Independent Blues to receive members from the thirty-first regiment. And a bill tqjtppoint trustees of the Jasper county academy and to incorporate the same, and also to grant a lottery for the same. The house has passed the following bills whichoriginated injsenate, to wit A bill to provide for the trial of claims of slaves levied on under execution. A bill to alter and amend an act for the relief of James Dudley A bill to authorise the justices of the inferior court of Henry county, to convey to the trustees of the Henry county academy a part of the lands heretofore purchased for county purposes, for the purpose of erecting thereon an academy edifice. A bill further defining the duties of collectors of taxes. And a bill for the relief of Thomas Foley, with amendment. They have agreed to a resolution relative to thejelection of certain bank directors and officers of the penitentiary. To which they desire concurrence. And be withdrew. The senate took up the message and concurred in the amendment made by the house of representatives to the bill for the relief of Thomas Foley. The resolution relative to the election of certain bank directors and officers of the penitentiary was read aud amended by striking out' 10 o'clock' and inserting 4 11 o'clock' and further amended by adding 'and also a major-general of the 5th division of the militia of 15B . this state in place of major-general DaviJ Adams resigned7 and co&» curred in as amended. Ordered, that the secretary return the same to the house of reprc» sentatives. The resolution for the appointment of a joint committee to inquire into the expediency and constitutionality of the act of Congress, passed last session to amend an act laying additional duties on im- posts, and to report by bill or otherwise, D'awson their clerk, Mr. President. r The house of representatives have agreed to the amendments pro- posed by senate to the bill of the house to alter and amend an act entitled an act to impose a tax on pedlars and other itinerant traders passed 9th day of December, 1819. To the amendments to the bill to entitle the incorporated acade- inies of Oglethorpe to their full dividend of the fund set a part for county academies. To the amendments to the bill to'authorise Anderson C. Middle- brooks and John W. Graves to establish a toll bridge over the Apa- lachie river at or near Hick's Ford. The house of representatives have agreed to the amendments of senate to the resolution in fayor of Seaton Grantland. They have concurred in the resolution in favor of William W. Oliver, tax-collector of Scriven county.- In the report of the committee on the state of republic, on the re- 'public, on the resolution of Ohio relative to ike abolition of slavery. In the report and resolutions made by the committee on the slate tif the republic on the resolution of the state Mississippi expressive of the senate of that state on that part of the message of the. presi- dent of the United States in reference to certain views imputed to the principal powers of Europe.. In the resolution ©f the joint committee on agriculture and infer- rial improvement relative to the improvement of the navigation of Briar Creek. In the report of the committee on the state of the republic relative to the correspondence between the governor of this state and the United Stgtes, on the subject of citizens claims against the Indians. 163 In the report of the committee on the state of the republic on the memorial of the steam-boat company. They have agreed to the amendments of senate to the resolution , in favor of -ViJliam W. Brown. To the amendments to the bill of the house to alter and amend the fourth section of an act to alter and amend the, road laws of Glynn passed 1821, and to increase the number of commissioners therein. To the amendments to the bill to establish a .ferry on the Alatama.- ha at a place called Man's ferry in the county of 4ppling. They have concurred in the report of the joint commiti.ee on agri- culture and internal improvement on the subject of the navigation qf the Savannah river. " . In the report of the committee on agriculture and internal im* prove meat on the report of the commissioners of the Oconee navi- gation. The house has agreed to the amendments of senate to the resolur tion in favor of George Stapleton. They hane concurred in the resolution relative to the election of A br igadier general. The house has agreed to a resolution in favor of James Lasseter a revolutionary soldier. To one in favor of Henry Mitchell of Franklin county. To one in favor of William Kemp a revolutionary soldier. To which they desire concurrence. And they have passed the following bill of senate, to-wjt A bill to alter and fix the time of holding the superior courts ofi the counties of Baldwin and Wilkes, and the inferior courts of the counties of Elbert and Madison. They have agreed to the amendments made by senate to the resq- lution relative to the election of certain bank directors and the ofii- cers of the penitentiary on this day. They have agreed to a resolution relative to the compensation of those individuals who took the late census of this state. To which they desire concurrence. And he withdrew. On motion of mr. Stocks, The hon. senator from the county of Bryan had leave Gf absence after to day .for the balance of the session. A message was received from his excellency gov. Troup, by my. Pierce his secretary, informing the senate that he had approved and signed, a resolution which originated in it, appointing this day at 11. o'clock A. M. for the election of a brigadier general of the first bri- gads of the fifth division of Georgia militia, A committee from the house of representatives composed of messrs, Holt, Law, Lumpkin, l^enan and Burnside, to impeach at the bar of senate the fraction selling commissioners, appeared and delivered, as. follows: «• * 164 Mr. President, and Gentlemen of Senate, We are directed by the house of representatives to impeach at. the bar of the senate John Loving, Samuel Jackson and Fleming F. Adrian, commissioners appointed by a joint ballot ©f both branches of the legislature for the sale of fractional surveys, of divers high crimes and misdemeanors, to-wit: Of embezzling the public funds and property, and of altering and obliterating public securities. And we do hereby, in the name of all the citizens of this state, ira- peach the said John Loving, Samuel Jackson and Fleming F. Adrian of malpractice in office, to wit: for the embezzlement of public ittone^ and property accordingly—and for the alteration of public securities also. And we do demand in the name of the house of re- presentatives and of all the citizens of this state, that the said John Loving, Samubl Jackson and Fleming F. Adrian shall be sequestered from all offices a«*i appointments unless duly delivered by judgment of the senate, and that in due time the senate shall be furnished with articlesof impeachment against the said John, Samuel and Fleming F. , And we are further directed to submit to the wisdom of the senate, whether it might not be proper at this time to take into custody the bodies of the said John Loving, Samuel Jackson and Fleming F. Adrian by virtue of warrants to be issued by the president of the senate, by the order of resolution of your honorable body. And they withdrew, A message was received from the house of representatives by mr. Dawson their clerk, informing the Senate that the house of represen- tatives were ready to receive this branch of the legislature in their Chamber and to proceed to the several elections agreeably to concured resolutions. Whereupon the president and members of the senate repaired to the chamber of the house of representatives and being seated both branches of the general assembly proceeded by joint ballot to the election of two directors on the part of the state for the Planter's bank ; and on counting out the votes itappeared that John H. Morell and Calvin Baker, Eeqrs; were duly elected. They then proceeded in like manner to the election of six directors on the part of the state for the Bank of tb£ State of Georgia, and on counting out the votes it appeared that William II. Bullock, Charles Harris, Mordecai Myers, Robert Taylor, George Schley and Joseph B. Herbert, Esqrs. were duly elected. They proceeded in like manner to the ejection of five directors on the part of the statforthe Bank of Parien ; and on counting out the votes it appeared that George Atkinson, James Troup, James Smith, Thomas Spalding and James Dunwoody, Esqrs. were duly elected. They then proceeded in like manner to the election of a principal keeper of the penitentiary; and on counting out the votes it appeared tl at Peter J. Williams was duly elected; They then proceeded to the election of three inspectors "of the penitentiary ; and on counting out the votes it appeared that Edward Cary* William Green and Arthur Ginn were duly elected. - Fhey proceeded in like manner to the election of a major-general to command the fifth division of Georgia militia, to 611 the vacancy 165 occasioned by the resignation of major general Adams ; and on' counting out the votes it appeared that Reuben C. Shorter was duly elected. They also proceeded in like manner to the elected of a brigadier* general of the first brigade of the fifth division, to fill the vacancy of Reuben C. Shorter, resigned; and on counting out the votes ifc appeared that John Wilson was drily elected. The president and members returned to the senate chamber, and Tire senate adjourned until to-morrow morning 10 o'clock'.. TUlSSDAr, 7lh JJecemt>er: I'8£g; Mr. Bozeman from the joint committee on banks, to whom were re- ferred the reports and exhibits of the different banks in this state, in which the state is a stockholder, made in conformity with the requisi- tions of a resolution of the legislature of this slate, having had the same under consideration, laid on the table the following report-— That it does appear to your committee that the affairs of the Plan- ters' Bank have been ably managed, and that the exhibit shews the bank not onlyfto-be solvent, but in a very prosperous condition. They consider the policy which has been adopted by the State Bank as a good and sound one, and they believe that the institution under its present management merits the full confidence of the stale: they would however observe, that this bank and the Planters' bank have failed tq comply with that part of the resolution of the 23d December 1823, which requires that an exhibit of the names of the parties, ma- kers and endorsers of bad paper, be annually in ado to his excellency the governor. > Tne requirements of the resolution alluded to have been fully com- plied with by the Darien Bank. Your committee arc of opinion that with proper management this institution will be enabled to sustain her credit, and to exhibit a wholesome and sound condition. They have examined the exhibit of the Augusta Bank, and take much pleasure instating that said exhibit presents a very sound and prosperous state of the affairs of said bank, and fully complies with the requisitions of the resolution of the'Jast legislature. Your com- mittee would recommend to the legislature the appointment of a com- mittee -with power to examine into the affairs^ of the rt iff* rent banks in which the state is a stockholder,' to report to the next legislature. They would also recommend the repeal of so much of the resolution of 1823 as requires the names of individuals whose debts maybe "C/wisideied as bad cr doubtful. if>6 The senate took up the message of the house of representatives ©£ yesterday— The resolution in favor of James Lassetcr a revolutionary soldier, and the resolution in favor of William Kemp a revolutionary soldier, were severally read and ordered to lie on the, table. The resolutions relative to the compensation of those individuals who took the late census of this state, was read and concurred in. , The resolution in favor of Ilenry Mitchell of Franklin county, was read, and on the question to concur therein, it was determined in the negative. The yeas and nays being required thereon are—yeas 23 nays 24. Those who voted in the affirmative are Messrs. Allen Ilardee Strawn Baker Holt Swain Bozeman Little Tennille Brown of Decatur Mangham Walker Burney Miller Wellborn Cleveland Phillips Wiroberly Gibson item son W orthy Groves Spana Those who voted ia the negative, are Messrs.. Beall, Gilmore Prince Blackshear Jones Rawls Brown of Hancock Larnkin Sellers Cook Lockhart Sheffield Crawford McKinne Stocks Davies Mitchell Taylor Gamble Motiley Whitehead Gilmer Powers Wooten On motion of mr. Stocks, Resolved, That his excellency the^overnor be by message of sen* ate informed of the communication yesterday received by this body from the house of representatives—And in conformity thereto he is hereby requested to sequester and suspand the said John Loving, Sa« muel Jackson and Fleming F. Adrian from all and every office which they or either of them now hold by authority of this state, until they shall answer such charges or articles of impeachment as the house of representatives shall exhibit against theuj, and they be ^herefrom du« ly delivered by judgment of the senate. Resolved, That the president do appoint, subject to the approval of this house, three messengers, for the purpose of arresting the bodies of John Loving, Samuel JacKson and Fleming F. Adrian: And that the president do issue his warrants directed to the said messengers as well as to all other civil officers of this state, commanding them or either of them, in the name of this state, to iake into his or then cus- tody, the said John Loving, Samuel Jackson and Fleming F. Adrian, 167 &ad- cause them forthwith to be brought before the bar of the senate of. the state of Georgia, then and there to answer such charges as have or shall be exhibited against them by the honorable the house of repre- sentatives of the said stale, and further to be dealt with according to law and justice, and to abide by any further order of the senate there- in, until they shall be duly delivered from said charges by judgment of the senate. Mr. Prince laid on the table the following resolution: Resolved, That the secretary be directed to have copies of the printed journals of the present and future sessions of the senate half bound in boards, in a cheap, plain and substantial manner, in vo- lumes of convenient size, and keep them under his care for the use of live members. Mr. Holt called up the resolution authorising and requesting his excellency the governor to suspend the proceedings on a mortgage ft. fa. against fractions, No. 285 and 292 in the 14th district of formerly Baldwin now Putnam county, until the 1st day of October next, &c- Which was read and agreed to. The senate took up and agreed to the report of the committee of the whole on the bill to repeal an act to be "entitled an act to regulate the intercourse between the banks incorporated by the general as- sembly of the state of Georgia, and the bank of the United States and the branches thereof,so far as regards the demands which may be made for specie by the latter upon the former, &c. The b'dl was read the third time— And on the question ' Shall this bill now pass?' it was determined in the negative. The yeas and nays being required thereon, arc—yeas 21, nays 24. Those who voted in the affirmative are Messrs. Bcal 1 Blackstone Burney Cleveland Crawford Davies Gamble 'K. Gilmer Gilmorc Groves Holt Mobl.ey, Powers. Pt ince Rawls Sheffield Walker Whitehead Winiberly Woo ten Worthy Thbsc who voted in the negative are Messrs. Allen Baker Biackshear Bozeroan Brown of Decatur Brown of Hancock Co ft'ee ' Cook Gibson .Jones Little Mitchell Phillips " Lockhart McKinne Miller Be in son Sellers Spann Stocks Strewn Swain Taylor Tcnnille IGtai The senate resolved itself into committee of the whole on the bill to incorporate the Georgia Canal Company, mr. Stocks in the chain The president resumed the chair, and mr. Stocks reported progress and had leave to sit again. The president appointed William Christian, John H. Lawson, and John tJ. Brown, special messengers (agreeable to resolution) tnexe- cute his warrants on the bodies of Fleming F. Adrian, John Loving and Samuel Jackson. Whereupon, The president signed triplicate warrants, in the form and substance following, to-vvit; State of Georgia. * The hon. Allen B. Powell, president of the senate of said state in General Assembly met, to William Christian, John H. Lawson and John U. Brown, messengers appointed by a resolution of the senate for that special purpose, or to either of them, and to all and every of the civil officers of this state, greeting: Whereas, the senate, by a communication from the house of repre- sentarives dated the 6th day of December instant, transmitted by a committee from that body, have been informed in the following words: jMr. President and gentlemen of the. Senatei We are directed by the house of representatives to impeach at the bar of the senate John Loving, Samuel Jackson and Fleming F. Adrian, commiasiouers appointed by a joint ballot of both branches of the le- gisiature for the sale of fractional surveys, of divers high crimes and misdemeanors, to-wit: of embezzling the public funds and property, and of altering and obliterating pubiie securities. And we do hereby in the name of all the citizens of this state, impeach the said John Loviug, Samuel Juekson and Fleming F. Adrian of mai-practice in of- See, to-wit, for the embezzlement of public money and property ac- cordingly, and for the alteration of public securities also: And we de- m.anu in the name of the house of representatives and of all the citi- zeus of this state, that the said John Loving, Samuel Jackson and Fleming F. Adrian shall be sequestered from ail offices and appoint- meats, unless duly delivered by judgment of the senate. And that in due time the senate shall be furnished with articles of impeachment' against the said John, Samuel and Fleming F. And we are further directed to submit to the wisdom of the senate whether it might not - be proper at this time to take into custody the bodies of the said John Loving, Samuel Jackson and Fleming F. Adrian, by virtue of war- rants to be issued by the president of the seqatc, by the order or re- ' solution of your honorable body. And whereas the senate has resolved that the president do issue his warrants against the said John Loving, Samuel Jackson and Flem-. ing F.Adrian, on the information contained in the said communica- lion. These are, therefore, in the name of the state of Georgia, to com* mand you the said William Christian, John H. L&wson and John U.' 164J Brown, or either of you, and all and every of the civil officer or ofii- cers in the said state, to take into custody the said John Loving, Sam- uel Jackson and Fleming F. Adrian, or any or either of them, and conduct him or them before the bar of the senate of the state afore- said, then and there to answer such charges as have and shall be ei- hibited against them by the hon. the house of representatives, and further to be dealt with according to law and justice, and abide by any further order of the senate therein until he or they shall be duly delivered from said charges by judgment of the senate. And for you and each of you so doing, this shall be to you and each of you suffi- cient authority. Given under my hand and seal in the Senate chamber, this the 7th day of December, in the year of our Lord one thousand oight hun- dred and twenty-four. Signed, ALLEN B. POWELL, President of the Senates The senate adjourned until to-morrow morning 10 o'clock. WEDNESDAY, 8th December, 1824. On motion of mr. Cleveland, The senate reconsidered so much of the journal of yesterday as re- 'ates to the disagreemennt of senate in the resolution of the house of representatives in favor of Henry Mitchell of Franklin county. On motion of mr. Gamble, The senate reconsidered so much of their journal as'related to the rejection of the bill to repeal an act entitled an act to regulate the in- tei Course between the banks incorporated by the General Assembly of ihe state of Georgia and the. Bank of the United States and the branches thereof, so far as regards the demands which may be made for specie bythe latter upon the former, tcc. Ordered, that the said bill lie on the table. Mr. Jones laid on the table the following resolution ; Resolved, That the inspectors of the penitentiary shall not act as contractors for that institution. The senate took up the resolution of the house of representatives in favor of Henry Mitched of Franklin county, which was amended and concurred in. Ordered, that the secretary carry the same to the house of re pre- sentatives for their concurrence. Sen. 22 170 The senate again reserved itself into committee of the whole off the bill to incorporate the Georgia Canal Company, mr. Stocks in the chair. The president resumed the chair, and mr. Stocks reported- that they had gone through the bill with amendment. Ordered, that the report do lie the table. 'i*he senate resolved itself into committee of the whole on the bill to divide the county of Appling, mr. Jones in the chair. The presi- dent resumed the chair, and mr. Jones 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 determined fh the affirmative. The yeas and nays being required, are—yeas 4£, nays fr. Those who voted in the affirmative, are Messrs, Bead Groves Remson Blackstone Hardee Sheffield Blackshear Holt Spann Bozeman Jones Stocks Brown of Decatar Little Strawn Burney Lockhart Swain Cleveland Manghanv. Taylor Coffee McCrimmon Tennille Cook McKinne Walker Davres Miller Wellborn Gamble Mitchell Whitehead Gibson Phillips Wimberly Gilmer Powers Wooten Gilmore Ha wis Worthy Ifhose who voted in the negative, are Messrs. Allen Brown of IJaneock Montgomery Baker Crawford Stokes A message by inr. Pierce was received from his excellency the go-1 vernor, informing the senate that his excellency the governor fwd ap- proved and signed the following resolutions which originated in this branch of the legislature: One, requesting his excellency the governor, after the first day of .Tune next,to send some competent mathematician to examine the first district of Dooly county, and report whether the same has been sur- veyed according to iaw, and if found not to be surveyed to have it surveyed, giving to Murdoch McLeod the district surveyor ninety .days tiotice of such examination. One, disapproving the resolutions of the state of Ohio, proposing emancipation of slaves, passed on the 17th of January 1824, and 171 requesting ins excellency the governor to transmit a copy of said re, solution to the executives of each of the United States. One, directing the board of commissioners appointed to superintend the improvement of the navigation of Savannah rivhr from the town of Petersburg to the village of Andersonvilie, to exercise their best judgments in completing the navigation of that section of said river, so far as the funds in their hands shall extend. One, o i the subject of the correspondence between the governor and the government af the United States in relation to claims of the citizens of this state against the Creek nation of Indians, One, on tlis subject of the resolution of the state of Mississippi, e»r pressive of the sense of the legislature of that state on that part of the late message of the president of the United States to congress, which announces the policy intended to be pursued by the United States in referrence to certain views kaputed to the principal powers of Eu- rope. One, highly complimenting the commissioners of the Oconee river forming the Oconee Navigation Association, for their strict attention akd indefatigable exertions in promoting the interest of the state, r espects the improvement of said river. One, requiring the comptroller general to, issue a new execution against Wm. W. Oliver, formerly tax collector of Scriven county, for the amount due by him to the state, and forward the same without de- lay to the attorney-general of the state. One, on the subject of the improvement of the navigation of Brier creek. One, on the subject of the steam boat company of Georgia. And that he has assented tp the act to provide for the trial of claims of slaves levied on under executions. Ordered, that the committee on enrollment do carry said acts to the secretary of state's office and see the great seal of this state affixed thereto. Mr Stokes 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 establish and make permanent a ferry on the Altamaha ri- verat the place called Man's ferry, and to vest the right in Sterling Jones and Samuel Pitts of Warren county, proprietors thereof. An act further defining the duties of collectors of taxes. An act to vest the powers of the commissioners of the court-house- and jail of Laurens county jn the inferior court of said county. An act to authorise the justices of the inferior court of Henry county to convey to the, trustees of (he Ilenry county academy a part of the lands heretofore purchased foi cqunty purposes, for the purpose of erecting thereon an academy edifice. An act ot authorise James Kemp to establish a ferry across the Alatamaha river, on his own land. An act to repeal a law passed in the year 181?, prohibiting the Introduction of slaves only on-certain conditions. 172 An act to authorise the justices of the inferior court for the couu- ty of Fayette out of any lands by them heretofore purchased for county purposes and not otherwise appropriated to conve) to the trustees off Fayette county academy such portior..thereof as msy be deemed necessary for the purpose of erecting an academy edifice thereon. An act to legitimate and change the names of Winney B., James P. and William A. Osburn to that of Winney B., James F. and Wm A. Nusom. An act for the relief of Thomas Foley. An act to incorporate Clarkesville academy in the county of Ha- bersham. An act to alter and amend an act entitled an act for the relief of James Dudley. Ah act to incorporate the Huntsville academy in Jasper county An act to entitle the incorporated academies of Greene and Ogle- thorpe counties to their full dividend of the funds set apart for county academies. An act to keep open, remove and prevent obstructions in the Oboo- pie river calculated to prevent the free passage of fi ;h of said river, so far as respects the counties of Tattnall and Emanuel. An act to alter and amend the fourth section of a road act passed the 23d Dec 1822, for the county of Glynn, and add two commission- ers to the board and to compel one half of the hands residing on Colo- nel's Jekyl and Blythe islands to work on certain cuts. An act to exempt all aliens residing or at any time being within the state of Georgia from the performance of oidinary militia duty or other military duty except the dunes hereinafter specifird. An act to establish and regulate district elections in the county of Bryan, and to punish those who may attempt to defeat the samp. An act to appoint trustees of the Wilkinson county academy and to incorporate the same An act to vest in the Hibernian society of the city of Savannah all monies arising from the sales of escheated estates of Irishmen of the county of Chatham. An act to incorporate the Clayton academy in Rabun county, and to appoint trustees for the same. An act to lay off Emanuel county and Tattnall into election dis- tricts. An act to alter and amend an act entitled an act to impose an ad- ditional tax on pedlars and other itinerant traders, passed 9th day of December 1819. An act to authorise Andepson C. Middlebrooks of Morgan county, and John W. Graves of Clarke county, to establish a toll bridge over the Appalachee river, at or near Hicks' ford, and Jiichard S. Park of the county of Morgan to erect a toll bridge over the Oconee river, at pr near his mills. An act to alter and change the name of John Early "W. Preskitt to that of John Early W. Ol.ver. An act to incorporate the Fayetteviile academy in the county of Fayette, and to appoint tru e- for the seme. An act to incorporate tin- Henry county academy and to appoint trustees lor the same, $nd 173 An act to incorporate the Lawrenceville academy in the county of Gwinnett, and to appoint trustees tor tne same. Which were severally 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. The senate took up and agreed to the report on the bill to autho- rise William Garner to build a dam on Chatahoochie river, and cut a canal from the same. The bill being amended by unanimous ton- sent, 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 26, nays 20. Those who voted in the affirmative are Messrs. Baker Holt Strawn Bead Lockhart Swain Bozeman Manghatn Ten mile Brown of Decatur McCrimmon Walker Cleveland McKiune Wellborn Gamble Item son Whitehead Gilmer Sheffield Wooten "Gilmore Hpann W ot thyj] Groves Stocks Those who voted in the negative are . Messrs. Allen Gibson Powers Blackshear Hardee Prince Brown of Hancock Jones flaw Is Coffee Little Stokes Cook Miller Taylor Crawford Mitchell Wimberly Davies Montgomery The hon. senator from the county of Tatnall had leave of absence for a few days. The senate adjourned until to morrow morning, 10 o'clock. 174 THURSDAY, 9th December, It24.. .On motion or mr. Stocks, The senate reconsidered so much of their journal as related to the passage of a bill authorising Wm. Garner to build a dam on Chata- hoochie river and cut a canal from the same. The hon. senator from the county of Madison had leave of absence, for a feto days. Mr. Montgomery laid on the table the following resolution : Resolved, That the committee on public education and free schools do examine, digest and propose some plan ot distribution by which lus excellency the governor may be assisted in apportioning the poor school fund, or proceeds thereof, amongst the several counties not having taken the census agreeably to an act of the general assembly, passed on the 22d December, 1823. The senate took up the report and resolution of the house of re- presentatives in favor of Amos Richardson and concurred therein. The yeas and nays being required, are—yeas 28, nays 22. Those who voted in the affirmative, are Messrs. Allen Baker Beall Groves Jones Lampkin Phillips Rawls Spann Strawn Tennille Walker Wellborn Blackstone Bozeman Lockhart Mangham McKinne Miller Little Burney Coffee Davies Gamble Gibson Montgomery Whitehead Worthy Those who voted in the negative, are Messrs. Blackshear Brown of Hancock Cleveland Cook Crawford Gilmer Hardee Holt Mitchell Mobley Powers Remson Sellers Sheffield McCrimmon Wimberi.y Wooten " Stocks Stokes Swain Taylor Tigner Mr. Brown of Hancock from the committee on finance to ■whom was referred thefpetition of Emanuel Wamberzie, Reported— 175 That they 'nave had the said petition under their mature c'onsidera^ t'ton, but from the long standing of said claim and no proof being before them that the said Emanuel Wamburzie did in time make suit- able endeavours to find said land as mentioned in his deed from the commissioners of confiscated property, and believing that the claim of said Wamburzie is at this time unreasonable, and ought not to be "•ranted. They therefore submit the following resolution. & Resolved, That the petition of Emanuel Wamburzie is unreason- able, and ought not to be granted. - Which was read and ordered to lie on the table. Mr. Brown from the committee on finance to whom was referred the petition of John Pugsley, and its accompanying documents, Re- ported— That after examining the tax-book of Jefferson ceunty for the year 1813, 1814 and 1818, find that tne said John Pugsley gave in his tax- able property in that county, and otl examining the tax book of Burke , county for the same years, find that said John Pugsley was returned as a defaulter for the year 1813, §24, for the year 1814, §12, and for the year 1818, $11 12A The tax collector's receipt for Burke coun- ty for 1813 and 1814, is §36, and for 1818, §23 68^, and in the year 1818, there is another receipt from Burke county for §10 SO. Your committee therefore believe the petition to be reasonable and just and ought to be granted. They therefore recommend the follow- ing resolution. Resolved by the Senate and House of Representatives ii General Assembly met, That the sum of §69, be and the same is hereby ap- propriated for and to be paid to John Pugsley, to repay to him the sum wrongfully paid by him as taxes for the years 1813, 1814 and 1818, and that the same be provided for in the appropriation law, to be paid out of any money in the treasury not otherwise appropriated^ Which was read and agreed to. Mr. Cleveland from the joint committee on public education and free schools, to whom was referred a resolution from senate directing an inquiry into the propriety of amending or explaining the several laws now in force in relation to the Senatus Academicus, and the accountability of county academies to the same, and a uniform rae~ thod of their reports, Reported— That they have had the same under counsideiation and take leave ' to oiler the following remarks. The charter of the University invests the general superintendance of the literature of the state to. the Senatus Academicus, which body under the law is force on that subject is constitued of the governor of the state for the time being, the president of the senate, (bespeak- or yf the house of representatives, the senators from each county, except the one from which the speaker of, the house may be, and the trustees of the University of the state. The duty of this body when convened is to consult and advise, not only upon the affairs of the University, but also to remedy the defects and advance the interests of literature throughout the state ingeneral -—and in order that correct information may be had, it is made the duty of the members fee obtain information and acquaintance with 176 the State and regulation of seminaries of learning in their respective counties, that they be thus possessed of -mat; er whereon to deliberate and act. In the 14th section of the charter it is declared that all public Schools instituted or to be supported by funds or public monies in this state, shall be considered as parts or members of the University, and shall bejunder the foregoing regulations. In the 13:h section of said charter it is made the duty of the pre- sident ot sime of the college faculty to visit at least once in each year, the several county academies and examine into their order and performances. In our widely extended country and increasing num- ber of seminaries this regulation appears to be impracticable, and has grown out of use—and as information in this way cannot be had, the committee recommend the following resolution. Resolved, That hereafter it shall be the duty of the trustees of all academies in this state which derive a part or the whole of their sup- port from the state funds, to make an annual report to the senators of the county in which such academy may be, of the following form. 1st. The number, and salaries of instructors. 2d. The number of scholars. 3d. The annual income. 4th. Branches of learning taught in each. Together with any material changes which may have taken place since the last report. Resolved further, That if any academy shall fail to make such report in tune for it to be laid before the Senaius Academicus, such academy shall be debarred from any further aid from the funds which now are or may be hereafter set apart for that purpose, until such re- port shall be made as herein contemplated. Which was read and agreed to. Mr. Cleveland from the committee on public education and free schools who were instructed to inquire into the expediency of making an appropriation for the Savannah free school society, laid on the table the following Report— That by the taws heretofore passed by the legislature provision has been made for the education of poor children, by which provision the county of Chatham will be entitled to a portion of the funds set apart for this important purpose. The committee therefore see no reason for making any special appropriation to aid said society, and therefore request that they be discharged from the further consideration of the subject referred to them. Mr. Davies had leave to introduce instanter, a bill to vest the poor school fund of the county of Chatham in the Savannah free school society. Which was read the first time. Mr. Prince called up the resolution directing the secretary to have copies of the printed journals of the present and future ses- sions of the senate half bound in boards, &c. 17T Ordered that said resolution lie on the table the balance ST the se$« slou. The bill to authorise Wm. Garner to build adatn on Chafahocchte river, and cut a canal from the same, was recommitted to a committee of the whole. A message was received from the horae of representatives by mr. Dawson their clerk. Mr. President, The house of representatives have passed the following bills, to- wit: A bill for the laying off and further sale of lots in the town of Macon. A bill to alter and amend an act more effectually to define the du- ties of the adjutant-general, division and brigade-inspectors and to regulate their pay, passed 17 Dec. 1823. A bill to appropriate monies for the support of government during the political year, 1825. A bill to amend the third section of an act entitled an act pointing out the duties of sheriffs in selling lands under execution, passed the 23d day of December, 1808. A bill to establish and fix the name of the Mineral Spring academy in the county of Wayne, and.to incorporate the trustees thereof. 1 And a bill to autho ise certain commissioners therein named to es- tablish a lottery tor the purpose of raising the sura of twenty thousand dollars to be appropriated to the building of a masonic hall in the city of Augusta. And they have agreed to resolutions relative to the counties which have not yet returned their amount of ihe census, and to certain bank dividends. To which they desire concurrence. The kouse of representatives have also passed the following bills, to-wit: A bill defining the duties of officers and plaintiffs in collecting money and pointing out the mode of trials of disputes arising thereon. A bill to alter and amend an art entitled an act to incorporate the town of Clinton in the county of Jones, and for appointing commis- sioners for the better regulation and government of the town passed 4th day of December, 1816. A bill amending the several acts incorporating the town of St. Mary's. And a bill to authorise the justices of the inferior court of the county of Hall to remit a fine incurred by Ezekiel Tread-way. The senate took up the message and the bills therein contained were severally read the first time,. The senate also concurred in the resolution contained is said mes- sage. Ben, 23 m The senate took up the report of the committee of the whole oil the bill to incoporate the Georgia Canal Company. The thirteenth section of the bill b^ing under consideration, Mr. Coffee moved to strike out the words, " the twenty filth day of December, 1825," and insert "the first day ot August, 1826.". And on the question to agree to the amendment as proposed it was determined in the negative. And the yeas and nays being required are—yeas 24, nays £7/ Those who voted in the affirmative, are Messrs. Allen Cook Sellers Baker Lam kin Strawn Beali Li.tle Swain Blackstone McKinnc Tennille B v.emuii Mitchell Wellborn Barney Mobley \V ooten Cleveland Phillips Worthy Coffee Rem son' Those who voted in the negative are Messrs. Blackshear Jones Sheffield Brown of Decatur Lockhart Spann Brown of flaucock Mangham Stocks Crawford McCritnmon Stokes Gamble Miller Taylor Gibson Montgomery Tignor Guuier Powers Walker Hardee Prince Whitehead Holt Rawls Wimberly The thirteenth section was amended to read as follows ; Jlnd be it further enacted, That all lands within five miles of the intended c nal, and within three hundred feet of its navigable artifi.. cial feeders if any, Provided, such feeders do not injure the naviga- tion of any water courses that now are or hereafter may be made navigable by the slate, which shall not be'granted on the twenty fifth day of December, 1825, shall be reserved to be used by the compangr in the construction thereof, and shall be granted progressively to the company in fee simple as the canal shall be progressively completed, which lands when granted shall be free from taxes tor ten years : Provided, That no such grants shall issue until twenty miles or more of such canal shall have been in full operation at leasi one year: Jlnd provided, That nothing herein contained shall operate against the rights of orphans, ideots or lunatics, and until twelve months from and aft.er such disability shall have been removed : Jlnd provided further, That nothing in this act shall extend to lands to which the Indian title has not been extinguished, and the same has been laid out into counties : Jlnd provided also. That no grants shall be issued i7d to said company for any lands except for the lands within five mile's of that part of the canal which shall previously have been rendered navigable for boats of twenty live tons burden. And on the question to agree to the section as amended it was determined in the affirmative. And the yeas and nays being required are—yeas 37, nays 1$ Those , who voted Messrs. Blackshear Bozeman Brown of Decatur Brown of Hancock Cook Davies Gamble Gibson Gilmer Groves Hardee Holt . Jones in the affirmative are Little Lockhart Mangham McKinne Miller Mitchell Mob ley Montgomery Powers Prince Rawls llemson Those who voted yi the negative are Messrs. Allen Burney Baker Cleveland Beall Coll'ee Blackstone Crawford Sheffield Spanrt Stocks Stokes Strawn Taylor Tennille Tignor Walker Wellborn Whitehead Wimberly BlcCrimman Phillips Swain Woo ten The report being further amended was agreed to. The bill read the third tune— And on the question ' Shall this bill now pass ?' it was determined in the affirmative. Arid the yeas and nays being required, are—yeas 38, nays 1JZ Those who voted Messrs. Baker Blackshear Blackstone Bozeman Brown of Decatur Brown of Hancock .Burney Cook . Gamble Gibson Gilmer Groves Hardeo in the affirmative are Jones Lampkia Little Lockbart Mangham McKinne Miller Mitchell Mqbley Montgomery Powers Prince Bawls Rem son Sheffield Spann Stokes Taylor Tennille Tigner Walker Whitehead Wimberly Wooten Worthy 180 Those who voted in the negative are f Messrs. Allen Beail " Cu'vpland Coffee Davies Holt McCrimmon Phillips tellers Stocks Strawn Swain tCrawford The honorable senator from the county of Dooly had leave of ab- sence for a few days. Mr. Blaekshear had leave to introduce instanter, a bill to organize Apnling and Ware counties. Which w'a3 read the first time. The President laid before senate a communication from the comp- troller-general inclosing the copy of a letterfrom the solicitor-gene- ral of the Flint circuit Which was read and referred to the committee on finance. The senate adjourned until to-morrow morning 10 o'clojgJt,- Mr. Crawford moved to reconsider so much of the journal of yester- day as related to the passage of a bill to incorporate the Georgia c&- ijai company. Which was determined in the negative. The yeas and nays being required, are—yeas 19, nays 31. Those who voted in the affirmative, are FRIDAY, 10th December, 182^ Messrs. Allen Beall Blackstone Brown of Decatur Brown of HancocJk Cleveland Coffee Crawford Davies Groves Holt McCrimmon Montgomery Phillips Sellers Stocks Strawn Swain WimberJy Those who voted in the negative are Messrs. Baker Bjackshear Bozeioan Barney Cook Gamble 181 Gibson Mitchell Gilmer Mobley Hardee Powers Jones Prince Little Remson Lockhart Sheffield Mangham Spann M-:K»nne Stokes Miller Taj I of Tennille Tignor "Walker "Wellborn V hi re head Woo en Worthy On motion of mr. Baker, The hon. senator from the county of Bullock had leave of absence; afier Tuesday next for the balance of the session. The senate took up the bill for the relief of John Rawles and Wii- lis Gross— And on motion, to lay it on the table for the balance of the session-, it was determined in the affirmative. The yeas and nays being required, are—yeas 27, cays 24? Those who voted in the affirmative are Messrs. Baker Giimer Sellers Reall Groves Sheffield Biackstone Holt Stocks Cleveland Jones Stokes Coffee Little Swain Cook Lockhart Tavlor Crawford Miller' Tignor Davies Montgomery Walker Gibson Prince Whitehead Those who voted in the negative, are Messrs. Allen Mangham Remson Biackshear McCYimraon Spann B >zernan Mi Kirne Strawn Brown of Decatur Mitchell Tennille Brown ol Hancock Mobley Wellborn Burney Phillips WimberJy Gamble Powers Wooten Hardee Rawls Worthy Mr. Jones called up the resolution prohibiting the inspectors of thfe penitentiary from acting as contractors for that institution, and cffersb ed the following as a substitute: Resolved, That the board of inspectors make a weekly deposit ot all monies received on account of the penitentiary in one of the banks of this place, and that there should be no monies paid on account of the institution, unless by checks from said inspectors, and counter signed by the secretary. And it shall be the duty of said clerk to iSZ 'rnrnish a weekly statement of the amount of sales both for cash araif on a credit, to be kept in a separate book for that purpose, for the in- spection of the board at its regular meetings. And be it further Resolved, That no monies shall be received by any officer of the institution except it be the principal clerk, to be disposed of as already mentioned. And be it further resolved, That the inspectors shall not act as ■contractors for said institution. Which was read and ordered to lie on the table. The bill to prescribe the mode of choosing electors of president and vice president of the United States to which this state is entitled by the constitution of the United States. Was made the special order of the day for Monday next. A message from gov. Troup, by mr. Pierce his secretary. Mr. President, His excellency the governor has assented to and signed the follow- jng acts, which originated in this branch of the legislature. An act further defining the duties of collectors of taxes. An act to appoint trustees for the Wilkinson county academy and to incorporate trustees for the same. An act to establish and regulate district elections in the county of Bryan and to punish those who may attempt to defeat the same. An act to incorporate the Clayton academy in Rabun county andttt appoint trustees for the same. An act to lay off Emanuel county & Tatnall into election districts. An act to alter and change the name of John Early W. Preskett to that of John Early W. Oliver. An act to incorporate the Lawrenceville academy in the county of Gwinnett and to appoint trustees for the same. An act to incorporate the Fayetteville academy and to appoint tru&? tees for the same. An actito.incorporate the Henry county academy, and to appoint trustees for the same. An act to incorporate Clarksville academy in the county of Habere- sham. An act for the relief of Thomas Foley. An act to alter and amend an act entitted an act for the relief of James Dudley. An act tp authorise James Kemp to establish a ferry across the AJta£. maha river, on his own land. An act to repeal a law passed in the year 1817 prohibiting the in-, fcroduction of slaves, only on certain conditions. An act to authorise the justices of the inferior court for the county of Fayette, out of any lands by them heretofore purchased for county purposes and not otherwise appropriated to convey to the trustees of the Fayette county academy such portion thereof as may be deemed necessary for the purpose of erecting thereon an academy edifice. An act to legit mate and change the names of Wimiey B, James F. and William A. Osburn to that of Wimiey B, James F. and Win. Av tss An act to keep open, remove and prevent obstructions in theOfroo* jfie river calculated to prevent the free passage of fish of said rLer so far as respects the counties of Tatnall and Emanuel. An act to authorise the justices of the inferior court of Henry county, to convey to the trustees of the Henry couny academy a part of the lands heretofore purchased for county purposes, for the purpose of greeting thereon an academy edifice. An act to vest the powers of the commissioners of the court-house andv jail of Laurens county, in the inferior court of said county. Ordered, that the committee on enrollment do carry said acts to the secretary of states' office, and see the great seal of the state affix- ed thereto. A message from the house of representatives was received by mr. Da son their clerk, informing the senate, that The house of representatives had passed the following bill of senate, to-wit; A bill to lay out a new county from the counties of Crawford and Pike. They have agreed to the report and resolutions of the joint commit- tee on agriculture and internal improvement, on that part of the gov- emor^s communication relative to the commissioners appointed to open a road from the Alapahato the Florida line ; and To a iesolution ia favor of Yelverton P. King, esq. solicitor-gener ral of the Oimulgee circuit; and To a resolution relative to the printing of the compilation of the British statutes, arranged and collected by William Schley, esq. and to make an appropriation for the same. To which they desire concurrence. And he withdrew. The senate took up the message and concurred in the resolution in favor of Yelverton P. King, solicitor-general of the Ocmulgee circuit j and In the resolution in favor of William Schley. The report and resolutions on the subject of the Alapaha road, was read and ordered to lie on the table. The following bills were read the second <4me, and ordered for a third reading, viz; A bill to vest the poor school fund of the county of Chatham in the Savannah Free School Society. A bill to alter and amend an act to incorporate the town of Clin- ton in the county of Jones, and for the appointment of commissioners for the better regulation and government of said town, passed 4th De- cember 1816. A bill to authorise certain commissioners therein named to es'ab- lish a lottery for the purpose of raising the sum of $20,000, to be ap* propriated to the budding of a masonic hall in the city of Augusta. 184 A Hill to estsbiiijli and fix the name of (he Mineral Spring academy in 'in* '.ounty of Wayne, and to incorporate the same. A m? a bill to amend the 3d section of au act pointing oat the doty of sneafta in s .lliitg lands under execution, passed 22d of Dec. 1808. The bill to appropriate monies for the support of government dur» ing the political year 1825. The bill defining the duties of officers and. plaintiffs in collecting money and pointing out the mode for the trial of disputes arising thereon. The bill to organise the counties of Appling and Ware. The bill for the laving oft* and further sale of lots in the town of Macon The bill to alter and amend an act more effectually to define the duties of the adjutant general, division and brigade inspectors, and to regulate their pay, &c. passed 17ih Dec 1823. - The bill to autno sse he justices of the inferior court of the county of Hall to remit a fine incu. red by Ezekiel Treadaway; and The bill amending the several acts incorporating the fowp of St. Mary's. Were read the second time and ordered for committee of the whole The following bills were read the third time and passed. A bill to authorise the volunteer company in the county of Jones, commonly called the Clinton Independent Blues, to receive members from the 31st regiment, &,c. A bill authorising George \. Brown to keep a ferry across the' Ocmulgce river near the Long Shoals, on his own land. And a bill to appoint trustees of the Jasper county academy and to incorporate the same, and also to grant a lottery for the benefit thereof. The senate resolved itself into a committee of the whole, on the bill to compel executors, administrators and guardians to account for the interest of monies appropriated to their own use belonging to minor children, mr. Groves in the chair. The president resumed the chair, and mr. Groves reported they had disagreed to the bill. On motion to lay it on the table for the balance of the session, it was determined in the affirmative. The yeas and nays being required, are—yeas 36, nays 13, Those who voted in the affirmative are Messrs. Allen Baker Beall Blacks tone Bozeman Brown of Decatur Brown of Hancock Barney Cleveland Cook Crawford Davies Gibson Gilmer Groves Hardee Jones McCritnmort Prince Hawls Sheffield Spaim McKinnc Miller Mitchell Mobiey, Phillips 185 Stocks Stokes S tra.wn Swain Tennille Tig no r Walker Wimberl* vvr,,„. . » Wooteti Those who.voted in the negative are Messrs,. Blackshear Lockhart Montgomery Powers Remson Sellers Taylor Wellborn Whitehead Coffee Gamble Holt Little The seriate resolved itself into committee of the whole oh the btli to raise a tax for the support of government for the year 1825, mr. Miller in the chair. The president resumed the chair, and mr. Mil- !er reported the bill without amendment. Ordered, that the said report lie on the table. The senate resolved itself into committee of the whole on the bill to lay off, define and keep open the main channel of Broad river, so as to prevent the obstruction of the free passage of fish, and to ap- point commissioners for the same, mr. Taylor in the chair. The pre- sid^nt resumed the chaii, and mr. Taylor reported the bill with amend- me nt. Ordered, that the said report lie On the table. Mr. Gamble laid on the table the following resolution : Resolved, That the frequency of visits to the penitentiary being productive of^insecurity, euorinous waste of time, and distracting the attention both of keepers .and convicts, it is of vital importance to the prosperity of that institution that it should be restricted as far as possible, and the board of inspectors are hereby authorised to adopt such measures as in their discretion they may deem proper for the purpose of remedying that inconvenience. Mr Barney called up the resolution requiring the governor to have printed a sufficient number of copies of the acts of the legislature* to forward by mail or otherwise, one copy to each of the clerks of the superior, inferior and courts of ordinary throughout this state, M-. Crawford proposed to amend the resolution, as follows : It is further Resolved, That no local law or laws passed at the present session of the legislature, or which soall be hereaf- tei passed shall be printed at the public expense—that it shall be the duty of the secretary of state when r*»juir^d to deliver to any person interested in any local law or laws passed at the present ses- sion, or which shall hereafter be passed as aforesaid, one copy of such law or laws, properly certified by the secre&ry under the great seal of the state; and for such services the secretary of state shall be en- titled to and receive as a compensation the sum of for each copy of the law or laws, to be paid out of the contingent fund, and his excellency the governor is hereby authorised and requested to draw a warrant or warrants on the treasurer in favor of the secretary of state for the same. 24 186 Whereupon, Mr. Sellers offered tbe following as a proviso: Provided, The sam® »h
y filling up each of the blanks through which said lines had been drawn, with the worda two hundred and one dollars and twenty five cents, or other woials of the same import, and erasing the words two hundred and one dollars and twenty five cer ts, which were in the bond when executed, the said bond appearing for four hundred and two dollars and fifty cents,at two equal instalments at one and two years from the date of said bond, instead of two hundred and one dollars and twenty five cents, payable at three years from the date of said bond. Article 4th. That they the said John Loving, Samuel Jackson and Fleming F. Adrian, by the proceeding and conduct set forth in the foregoing articles, contrary to the hign and important trust confided to them as commissioners aforesaid, and the sacred bath by them re- spectively taken, have for the sake of lucre and gain and their own personal aggrandizement, been disgracefully instrumental in estab- fishing a precedent- subversive of the good faith which ought to bo f.»und in the actings and doings of all persons to whom the great con- cerns of this state and the interest of the good citizens thereof may hereafter he confided. And the said house of representatives by protestation, saving to themselves the liberty of exhibiting at any time hereafter any other accusation or impeachment, and also replying to the answer or an- swers that the sa>d John Loving, Samuel Jackson or Fleming F Adri- an or either of them shall make thereto, and of offering proof of the premises, respectively or collectively, or of any other impeachments or accusations that shall be by them exhibited against the saicf John, Samuel and Fleming F or either of them, as the case shall, according to the usage and custom of the legislature, require; and they pray that the said John Loving, Samuel Jackson and Fleming F. Adrian may be put to answer to all and every of the said articles, and that such proceedings and examination, trials and judgment may be had as may be agreeable to law and justice. On motion, John Loving and Samuel Jackson, two of the fraction selling com- missioners,now at the bar of this house awaiting their trial for high crin.es and misdemeanors, charged upon them by the house of repre- sentatives, It is ordered that they be put into the custody of the messenger of senate, subject to the order and call of the senate, and that the mes- senger be served with a copy of this order. \ On motion of Mr. Prince, Jtesolved, That John Loving, Fleming F. Adrian and Samuel Jack* son who stand impeached before this house for high crimes and mis- 196 demeanors, be famished by the secretary of senate, each with a copy of the articles of impeachment. On motion of rar. Gamble, Resolved, That a committee be appointed to prepare and report rules tor the government of senate in the trial of JohnvLoving, Sam- oel Jackson and Fleming F. Adrian, commissioners of the sales of fractions against whom the house'of representatives have preferred articles of impeachment, and i hat the comm ttee prepare ail oath to be administered to the members of senate on trie trial of said impeach* menr. Ordered, that messrs. Gamble, Davies, Stocits, Ikrrney and Gilmer be that committee. On motion of mr. Crawford, Unsolved. Thar the secretary of senate be and he is hereby authorised to employ one additional engrossing clerk in his office. The senate took up the report of the committee on finance on the petition of Henry King of the state of Pennsylvania setting forth that he is the owner and holder of sundry audited certificates, amounting to six thousand eight hundred and ninety pounds eighteen shillings and eleven pence, due by this state and praying a rcuewal of the same, or that the payment thereof be provided for in such way as the legislature may direct. Which was read, amended, agreed to, and is as follows: That they have had the same under consideration, and are of opia* fort that the prayer of the petitioner is reasonable and ought to be granted, Whereapon, Mr. Stocks presented a bill to extend the time for renewing cer- tain audited certificates, and to permit the renewal of certain treasu- rer's certificates therein named. Which was read the first time. The senate.took up the report on the bill to raise a tax for the sup*, port of government for the year 1825. Which was amended by adding the following section : And be it further enacted, That in all cases where execution shall he issued by tax collectors and levied by any sheriff or deputy sheriff or any constable on perishable property, the said sheriff pr constable shall advertise the same in three of the most public places in the said district only, and be allowed the same fees as constables are authbris- ed to receive for levying executions. And was agreed to. As ameflded, the bill was read the third time and passed. The senate resolved itself into a committee of the whole on the bill to prescribe the mode of choosing the electors of President and Vice President of the United States to which this state is entitled by the constitution of the United States, mr. Wimberly in the chairs 197 The president resumed the chair, and rar. Wimberly reported the bill with amendment The senate took up the report, And mr. Iiurney moved to amend the report by the following sub- stitu'e: A bill to prescribe the mode of choosing the electors of President and Vice President of the United S ates to which this state is entitled by the constitution of the United States. Section 1. Be it envcted by the Senate and House of Bepresenta- tives 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, tne number of electors to which this state maybe enticed, shall be elected in the following manner, viz: It shall he the duty of all persons entitled to vote for members of the General Assembly in the se/cral counties of this state to assemble on the first JMonday in November 1828, and on the first Monday in November in every fourth year thereafter, at the usual places in each and every county of this state fur holding elections for members of the General Assembly, and vote for a number of electors equal to the whole num- ber of senators and representatives to which this slate may be enti- tied in the congress of the United States, which election shall be opened and closed at tne same hours, and superintended in the same manner as elections for members of the General Assembly of this state, and the presiding justicesat said elections shall make returns of the state of the polls at said election to the executive of said state, in the same manner as returns are made by law, of the election of re- preservatives from this state in the congress of the United States: Provided, that the returns of the state of the polls at the election of electors shall be made to the executive within fifteen days from and after said election shall take place. Seo. 2. And be it farther enacted by the authority aforesaid, That it shall be the duty of the governor lor the time being, on receiving the returns of said election and ascertaining the persons who have received the highest number of votes, by express or otherwise, to no- tify each person so elected of their election, at least five days before the first Wednesday in December next theieafter. Sec. 3. And be it further enacted, That/if any perfon or persons so elected shall refuse to serve, or shall be prevented by death, or Otherwise, from attending at the seat of government on the first Wed- nesday in December after his or their election, then the remaining electors shall by ballot proceed to fill the vacancy or vacancies so occasioned. On the question to agree to the substitute, it was determined ip ijegative, _ The, yeas and nays being required, are—yeas 2p, nays 27, 198 Those who voted in the affirmative are Messrs. Beall Mitchell Blackstone Mobley Bozeman Phillips Burney Remson Cleveland Sellers Coffee Sparm Groves . Strawn Those who voted in the negative, are Messrs. Allen Baker Blackshear Brown of Hancock Cook Crawford Davies Gamble Gibson Gilmer Jones Little Lockhart McCrimmon MolCinne Miller Montgomery Powers Swain Tennille. Walker Wellborn Wooten Worthy Prince Rawls Sheffield Stocks Stokes Taylor Tignor Whitehead Wimberly Ordered, that said report lie on the table. The senate took up the report on the bill to lay off, define and keep open the main channel of Broad river so as to prevent the ob- struction of the free passage of fish* and to appoint commissioners for the same. Which was amended and agreed to. The bill was read thg third time and passed. The senate resolved itself into committee" of the whole on the bill to organise the vountiesof Applir.gand Ware, mr. Sellers in the chair. The president resumed the chair, and mr. Sellers reported the bill, with amendments. { The senate took up and agreed to the report. The bill was read the third time and passed under the title of A bill to organise the counties of Appling, Ware, Pike and Upson and to authorise the justices of the inferior courts of said counties to select public sites for skid counties and for other purposes. Mr. Gamble from the committee appointed submitted the following rules for the government\of the high court of impeachment on the trial of John Loving, Samhel Jackson and Fleming F. Adrian frac- iion selling commissioners. Rule 1st Before any proceedings shall take place on said impeach- ment, the senate shall adjourn or postpone legislative business, some justice of the peace or justice of the inferior court of this state shall administer the following oath to the president: You do solemnly swear that you will well and truly try, and a true judgment give in the trial of the impeachment of John Loving, Samuel Jackson, and Fleming F. Adrian, according to the constitution and laws of the 199 state of Georgia according to the best of your power and abilities'1; Provided, That you are not discharged from the consideration of the articles of impeachment preferred by the house of representatives against John Loving, Samuel Jackson and Fleming F. Adrian. So help you God. Rule 2d. The president shall then administer the same oath to each •of the members. Rule 3d. As soon as the court ot impeachment shall sit for the purpose of proceeding with the trial, the president shall take his seat and call to order, the senators shall then take their seats. f Rule 4th. Whenever the court is organized and ready to proceed, the secretary shall inform the house of representatives, when directed by the president so to do, that the senate is ready to proceed upon the impeachment of Loving, Jackson and Adrian, and on giving no- tice the first time, shall add—and have prepared seats far theaccom- modation of the managers and the counsel of the respondents within the bar of the senate. Rule 5th. The parties accused shall not -appear within the bar of ^he senate, but may have seats without the bar near their counsel. Rule 6th. When all parties are ready to proceed with the trial, the leading manager on the part of the house of representatives shall open the prosecution and examine the testimony, and after notice is given that the party introducing a witness is done with him, the cross examination may take place on'the other side in the usual way; Provided That there shall not be more than one examining counsel on the part of the accused to every witness. r Rule 7th. All motions shall be made to the President, and if he or any member of the court shall require it, shall be reduced to writing and read by the secretary, and all decisions shall be had by ayes and noes without debate. Rule 8th. The oath administered to the witnesses, shall be as fol- lows : You do solemnly swear or affirm, that the evidence you shall give in the case now depending between the state of Georgia, and John Loving, Samuel Jackson and Fleming F. Adrian for high crimes and misdemeanors shall be the truth, the whole truth, and nothing but the truth, So help you God. Which oath shall be administered by the president. Rule 9th. When a majority of the court shall think properall per- sons shall retire from the chamber, lobby and gallery. Rule 101 h The president shall have the right and it shall be his duty at all times wben application shall be made to him for that pur- pose to grant, subpoenas .to witnesses for or against the parties ac- eused in the following words, 200 The Honorable the House of Representatives 1 of the State of Georgia, j versus ^ yfmpeachmert John Loving, Samuel Jackson, and Fleming | * F. Adrian. J TO Greeting t You are hereby commanded, that laying all other business aside, you be and appear before the Honorable the High Court of Impeach-, nient at the seat of government, on the day of then and there the truth to say in the above case as a witness in be- half of the state, (or the defendants as the case may be,) herein fail not, under the penalty of one thousand dollars. Witness the Honorable \LLEN B. POWELL, President of the Senate1. The flay of 1824. Which shall be signed by the secretary of the senate. Ru'e 11th. When the arguments are closed on all sides, the presi- dent shdl put this question " Are you now ready to decide on the several articles of impeachment ?" If the majority should reply no, the court shall adjourn till the next day ; if a majority should reply yea, the presuic;U shall direct the secretary to read the first article, and then ci>! «•,. each member by name and propose the following question, viz.: lit. how say you, are the respond- eats, John Loviog Samuel Jackson and Fleming F.Adrian guilty or not guil y of a high csime or misdemeanor, as charged in this article of impeachment?. Whereupon, each member Shall rise in his place ami say, Guiltv, or Not Guilty. And the same proceedings shall take place on each and all the articles. Rule 12th. Any thing not provided for in the foregoing rules may at any stage of the proceedings be altered, added to, or amended, as a majority may think fit, fco that the same is not done, or attempted, whilst the managers of the house of representatives atid the counsel of the accused are present ami acting in their official capacity. Which were read and agreed to. On motion of mr. Montgomery, Brsolved, That the senate will meet at three o'clock this evening for the purpose of forming a judicial court to hear and determine on certain charges preferred by the house of representatives against . John Loving, Samuel Jackson and Fleming F. Adrian, and that the house of representatives be forthwith informed thereof. The senate adjourned until 3 o'clock P. M. SOI Three o'clock P. M? The senate met pursuanjt to adjournment. On motion of mr. Gamble, Resolved, That the senate do now form themselves into a high court of impeachment for the trial of John Loving, Samuel Jackson and Fleming F. Adrian, commissioners of the sales of fractions, and do take the-oath agreed upon by senate. Whereupon, The oath agreed upon by the senate was administered to the pre- sident of the senate by the hon. Thomas Stocks; a justice of the in- ferior court of Greene county, and by the president to the members of senate present. On motion of mr. Gamble, Ordered, that the secretary inform the house of representatives that the high court of impeachment for the trial of John Loving, Samuel Jackson and Fleming F. Adrian is organized, and now sitting and ready to proceed upon said impeachment, and have prepared seats for jhe accommodation of the managers and the counsel of the res- poridents within the bar of the. senate. Whereupon, Messrs. Holt, Burnside, Lumpkin, Law and Kenan, the managers on the part of the house of representatives attended and took seats provided them. And John Loving and Samuel Jackson attended by Samuel Rock- well and William H. Torrence, Esqrs. their attornies Their at cor- nies were addmitted within the bar to seats provided for^them. And the incssangcrof ssnate having proclaimed that the high court of impeachment was opened and silence being commanded on pain of imprisonment, the returns of the special messengers on the war- rants being read, and the said John Loving and Samuel Jackson stand- ing at the bar of the senate. The articles of impeachment preferred by the hon. the house of representatives were then read to the said John Loving and Samuel Jackson by the secretary1 of the senate, and being charged therewith on their arraignment by the president of senate, and being asked, " Are you guilty or not guilty ?" The counsel for John Loving and Samuel Jackson moved in their behalf, that they have dime given them to plead to the articles of im- peachment until to morrow at 3 o'clock, P. M. And on the question to agree thereto, it was determined in the affirmative. And the yeas and nays being required, are—yeas 40, hays 5* Sen. 26 202 Those whm voted Messrs. Allen Baker Bead Buckstone Burney Cleveland Coffee Cock Davies Gamble Gibson Gilmer Groves Hardee in the affirmative are Jones Little Lockhart McCrimmon McKinne Miller Mitchell Mobley Montgomery Phillips Powers Prmce Sellers Those who voted in the negative are Messrs. Blackshear Crawford Brown of Hancock Sheffield Spann Stocks Straw n Swain Taylor Tennille* Tigner Walker Wellborn Whitehead Wjmberly Wooten Worthy ' Stokes The committee of managers from the house of representatives prayed to be furnished with a copy of the rules adopted by the senate to govern the high court of impeachment. Unanimously agreed to. The counsel for the prisoners prayed to be furnished with a copy of the rules of this court governing cases of impeachment. Agreed to unanimously. The committee of managers prayed that the prisoners at the bat he recognized with good security to attend the court from day to day., ' Osd e red, that they be bound m a sum of five thousand dollars each, yirith two securities each, each of the securities in the sum of twenty- jfive hundred dollars, which recognizance shah be entered into before the secretary before whom such sureties shall justify in theusuai form. Agreed to unanimously. The court adjourned until to-morrow, 3 o'clock P. M. The managers and counsel for the respondents having withdrawn The senate adjourned until to morrow morning, 10 o'clock. 203 TUESDAY, 14th December, 1824. On motion of mr. Crawford, The senate reconsidered so much of their journal of yesterday as related lo'the passage of a bill to raise a tax for the support of govern- ment for the year 1825. Mr. Rawles laid on the (able the following resolution-: Resolved, That a committee be appointed to examine, sign and cer- tify the accounts of the members of the senate for their attendance for the present session of the legislature. Mr. Gamble submitted the following additional rules for the govern- ment of the high court of impeachment. 1. In all motions to the high court of impeachment, the party mov- ing shall open the argument in support of the motion, the adverse side may reply, and the mover shall conclude, which shall close the argu- ment upon the motion, unless the court should call for further dis. cussion, and upon all questions submitted, the managers and counsel shall each be heard but once unless by special permission of the court, 2. Upon all preliminary questions the ayes and noes shall only taken by request of any two members of said court. Which were read and agreed to. Mr. Prince called up the report on the subject of transcribing plans of districts, which was read, amended and ordered to lie on the ta- ble. The senate took up the bill to raise a tax for the support of govern.- ment for the year 1825, which was recommitted insfanter. The senate then resolved itself into committee of the whole on sa'd bill, mr. Wimberly in the chair. The president resumed the chair? and mr. Wimberly reported the bill with amendment. The senate took up and agreed to the report. The bill was read the third time and passed, Mr. Stokes from the committee on enrollment reported as duly en- rolled and signed by the speaker of the house of representatives, the following acts. An act to alte.r and amend an act entitled an act to incorporate the town of Clinton in the county of Jones, and for appointing commis- sioners for the better regulation and government of the town passed 4th day of December, 1816. - , An act to appoint trustees of the Jasper county academy and to incorporate the same, and also to grant a lottery for the benefit thereof. ■204 An abt to alter and fix the time of holding the superior courts of the counties of Baldwin and Wilkes, and the superior and inferior courts of the counties of Elbert and Madison. An act to establish and fix the name of the Mineral Spring academy in the county of Wayne, and to incorporate the trustees thereof. \n actio authorise the volunteer company in the county of Jones,, commonly called the Clinton Independent Blues to receive members from the thirty-first regiment of (Jeorgia militia, and to exempt said, company from battalion and regimental mnsters, except in certain ca- ses. An act to divide Appling county. An act to form and lay out a new county taken from Crawford and Pike. An act to authorise certain commissioners therein named to es- tabiisJi a lottery lor the purpose of raising the sum of twenty thousand dollars to be appropriated to the building of a masonic hall in the city of Augusta. Which were presented to and severally signed by the president of Senate. Ordered that the committee op enrollment do carry said acts to his excellency the governor for his assent. The senate took up the bill to establish and regulate district elec- tions in the county of Pulaski, and to punish those who may attempt to defeat the same. On motion of mr. Blackshear, . That the bill stand for committee in June next, it was determined. in the affirrpative. The yeas and nays being required, are—yeas 26, nays 22. the affirmative, are Those who voted in Messrs. Allen Blackshear Brown of Decatur Brown of Hancock Crawford Davies Gamble Gibson Gilmer Gil more Hardee Jones Lockhart McCrimmon Miller Montgomery Powers Prince Remson Sheffield Stocks Stokes Taylor Tignor Whitehead Wimberly Thosp who voted in the negative are Messrs. B&ker Cleveland Manghafti Beall Coffee McKiDnc Blackstone Cook Mitchell Boteman Groves Phillips Little Sellers 205 Spaaii 'Strawn Swain Tennilie Walker Wcofen Worth j The bill to extend the time for renewing certain audited certificates and to permit the renewal of certain treasurer's certificates therein named, was read the second time and ordered for com of the whole. The senate resolved itself into committee of the whole on the bill amending the several acts incorporating the town,of' St. Mark's, mr. Tignor in the chair. The president resumed the chair, and mr. Tignor 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 resofved itself into committee of the whole on the bill to authorise the justices of the inferior court of the county of Hall to remit a fine incurred by Ezekiel Treadway, mr. Mangham in the chair. The president resumed the chair, and mr. Mangham re- ported the bid 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 determiner! in the affirmative. And the yeas and nays being required are—ye as 29, nays 19.. Those who voted in the affirmative are Messrs. Allen Beall Blackstone Bozeman Brown of Decatur Burney Cleveland Coffee Cook Gibson Groves Hardoc Little Mangham McKinne Miller Mitchell Montgomery Phillips Spann Those who voted in tlje negative are Messrs. Baker Blackshear Brown of Hancock Crawford Davies Gamble Gilmer Gilmore Jones Lockhart McCrimmon Powers t Prince Strawn Swain Tennilie Walker Wellborn Whitehead Wimberly Wooren Worthy Sellers Sheffield Stocks Stokes Taylor Tignor The senate resolved itself into committee of the whole on the bill for the laying off and further sale of lots in the town of Macon, 206 snr. Wooten in the chair. The president resumed the chair, and mr. Wooten reported the bill with amendment. The seriate took up and agreed to the report. The bill was read the third time and passed under the title of a bill tor the further sale of lots in the town of xVlacon. On motion of mr. Gamble, Resolved, That the minutes of the high court of impeachment on the trial of John Loving, Samuel Jackson and Fleming F. Adrian te entered on a separate journal and be read in its proper place. A message from the house of representatives by mr. Dawson their clerk. Mr. President, The house of representatives have passed the following bills, to- wit: , A bill for the relief of Levi Reynolds. A bill to vest in the inferior court of the several counties of thi^ state the exclusive right to appoint notaries public. A bill to amend the several acts establishing a mayor's court in tlie city of Augusta. A bill to authorise the justices of the inferior court of either coun- ty to build bridges over water courses dividing counties. A bill to change the name of Henry Hill. A bill to alter and amend an act entitled an act to make permanent the site of the public buildings in the county of Monroe at Forsytlf, and to incorporate the same, passed the 10th day of Dec. 1823. And a bill for the relief of certain tax collectors of this state. They have agreed to a resolution requesting the governor to cause the different inferior courts of each county to be furnished as early as practicable with a copy of the laws of the present session. To a resolution relative to the branch of the Darien Bank at Ma- rion. To the report of the joint committee on banks, relative to the state and condition of the various banks in which the state is interested. To a resolution relative to certain districts which it is thought have been regularly surveyed. To a resolution appointing Jos. V. Bevan for the purpose of collat- ingand publishing ail papers relating to the original settlement and political history of this state. And they have agreed to a resolution authorising his excellency the governor to draw on the contingent fund for what money be may deem necessary in order to receive the early distinguished friend of this country, La Fayette, who it is understood intends visiting this State And they have concurred in the resolution of senate in fator of John Keener. The, senate adjourned until 3 o'clock, P. M. 207" 3 o'clock, P, Mi. The senate met pursuant to adjournment. On motion of mr. Gamble, The senate postponed further legislative proceedings. The president took the tribunal seat, and the high court of impeach- ment was opened by proclamation, The president having resumed his senate—f On motion, The hon. senator from Camden had leave of absence after Saturday next for the balance of the session. On motion of mr. Prince, Resolved, That the president of the senate do appoint at his discretion, messengers to serve subpoenas or any •notices or processes that may be necessary in the progress of the im- peachment now before the senate. Read and ordered to lie on the table. ' The senate adjourned untill to-morrow morning 10 o'clock. WEDJSfESDJlY, \$th December, 18j&"' Mr. Brown of Hancock frdin the joint committee of finance sub- gutted the following report: The committee pn finance having devoted some time and labor to the duties assigned thern in examining the documents submitted to Iheir investigation, with the aid of information received from the Treasurer and Comptroller-General, beg leave respectfully to Re- port— That they have made an attentive and careful examination of the state and situation of the treasury, and find that the warrants drawn on the treasurer, the entries on his books, his abstract, and the report of the comptroller general of the amount of monies received, and warrants paid by the treasurer during the last political year, agree, except a difference of eighteen dollars and ten cents, which the trea- surer admits to have been received by him over and above the sum 208 with which he is charged by the comptroller. This difference has arisen from the treasurer's having received the fees on a lottery grant Avhich was not presented to he checked within the political year. The statement of warrants drawn on the treasurer in the last poli- tical year by the executive is in the usual form; the committee deem it important, that that document should betaken and considered a part of their report, as it shews in detail for, aud on what account, and on wnat fund those warrants were drawn. The aggregate amount of the warrants drawn by the executive department on the different funds appropiiated as stated in that document, will seldom agree with the reports of the treasurer and comptroller, inasmuch as a number of those warrants are not presented to the treasurer for payment pre- vious to the 31st day of October, which is the close of the political year. It appears to your committee from the reports of the treasurer that there have been paid into the treasury during the last political year, the following sums, viz: State stock, ------ 215 02| , General tax of 18 '0 - - - - - 483 00 do IS 16 - - - - £8 12 do 1820 - ... 4,122 91 do 1821 - - - - 6,274 40 do 1822 - - - - 81,896 10-J do 1823 .... 16.819 79 Direct tax, 1813 - - - - - 257 32 do 1814 - - - - - 674 57 Vendue tax - - - - 1,899 16| ,Dividends on Augusta Bank Stock - / - 12,000 00 do Darien do - - - 26,000 00 do Steam boat stock - - - 8,000 00 Bedney Franklin, Solicitor-general - - 2,067 56 Bonds for fractions in Baldwin, aud Wilkinson, L. C. 2,244 75 do " and square lots, sold in 1811 - 1,300 14 do " sold under act of 1820 - 13,580 10J do forfeited land - - - - - 849 49 do rent of fractions - - - 5,221 67f do " " property at Fort Hawkins - - 116 74 do lots in Macon - 2,976 18 Notes for rent of reserved lots ... 244 78 Land reserved at Macon - 2,264 25 Lots " by land act of 1818 - - - 3,452 73 Fractions " " 1818 - - 12,845 49| do « ■ « « 1821 - - 60,400 9>3£. Tax on Bank Stock - - - - 8,771 89 Trustees of the University - 10.846 16| Tots fraudulently drawn in the lottery of 1820 - , -54 25 Land drawn for in the lottery of 1820 - - 15 054 00 do «• « " 1821 - - 28,961 00 Fund raised by tax on pedlars . " 130 00 do " fees on grmts for land in Baldwin and Wilkinson L. C. - 36 45 Jo 4( ** on grants for reverted lots in do IrCJ # do U if " " " Wilkin- son, Baldwin and Wayne SO 00 do €i a on grants for fractions sold under act of 1822 - - 26 00 do it u on grants for land sold under act of CO *2 1 1 r 20 00 do ft tt " lots in Macon 1 00 do ft it on grants and testimonials,- paper medium 5H5, - - - - I <£> oo 8330,754 99| For balance in the Treasury on the 31st of Oct. 1823, 425,775 60£ $756,530 60 The following sums were paid for President's and Speaker's warrants, and warrants drawn by his excellency the Governor on the Treasurer, between the 1st of November 1823, and-the 31st day of October, 1824. President's and Speaker's warrants - - 41,393 10 Fund for the redemption of the public debt - 12,035 29 Land Fund - - - - - 1,733 10 Civil establishment, 1821 - - - - 56 25 do 1823 - - - 7 125 00 do 1824 -s 18.635 73 Special Appropriation, 1822 - - - 8,000 00 do 1823 - , - - 5,236 25 do 1824 - - 7 096 40 Contingent Fund, 1823 - 2.535 95J do 1824 - - - - 6,734 55J Military disbursements 1823 - 1,226 53 Appropriation for Printing for 1824 - 14,081 27| do the Penitentiary for 1824 - 9,379 38 do County Academies. - - - 1^,502 01 liand Fund of 1823 - - - 4,756 12 8158,526 94J After deducting this sum from the amount remaining in- the Treasury on the 31st day of October 1823, and the receipts of the last year, it leaves now in your Treasury, - - * 598,003 65 J Which balance consists of the following denomination of batik notes, specie, and deposits, to-wit: State Bank notes, - " - - . g258,80o 00 Darien do ..... 215,000 00 Augusta do .... 43,405 00 Planters' do - - - 29,570 00 United States do .... 285 00 French crowns and ftalf crowns* - - - 1,038 40 ben.- £7 210 Dollars, half dollar?, and small change, - Deposited in the Darien Bank and passed,to the credit of the Treasurer, 208 40 49,696 80$ 5598,003 65$ The committee believe that the practical part of internal improve- ment cannot now be commenced with any probability of success, as any effort to apply your funds without .the aid of surveys and esti- mates, would be hazardous and chimerical. A period therefore of several years must elapse before those surveys and estimates can be made, and before any efficient measures can be taken for the consum- mation of this purpose. Whilst these difficulties exit to retard, what fs deemed a policy, whose tendency is incalculably beneficial, your committee would respectfully suggest that the attention of the legis- lature be early directed to it, in making such provision as would ne- cessarily and ultimately secure its complete accomplishment. They are further urged in making this suggestion, by the fact* that at this time the amount of monies in your treasury is, about 700,000 dollars, which is daily accumulating in a proportion far exceeding the ordina- ry expenses of government. It is almost needless to observe that this sum being inactive, must necessarily be unproductive, and that its protection and security rpsts on one or two locks and a feeble fuard of three or four persons. Possessing then the means, and ac- nowledging the policy of improving the county, it is respectfully recommended that a liberal provision be made for the attainment of this object. A reference to the former part of this report, will dis- close the cause why an immediate use of the sum in your treasury cannot be immediately applied to internal improvement with any hope of success. It is therefore respectfully recomended to the le- gislature, to authorise the treasurer, under the direction of his excel- lency the governor, to invest such a portion of the monies now in your treasury as you may deem proper, in such productive stock as the ex- ecutive may deem most for the interest and benefit of the state. 21 i The committee beg leave further to report, that it appears from the comptroller general's report, that the gross amount of taxes assessed Upon the citizens of the several counties of this state, are as follows : Counties. Year. Amount Taxes Counties. Year. Amount Taxes. Appling 1823 $302 42 Jasper 1823 ' , 4475 36 Baldwin tt 4034 90 Jones (( 4118 59 Burke tt 3456 81 Jefferson it 2192 33 Bullock t< 744 61 LaurenS - tt 1535 79 Bryan tt 860 10 Liberty it 2670 16 Bibb «t 675 42 Lincoln tt 1575 37 Camden a 2881 88 Madison ft 780 91 Chatham u 19,900 28 Mcintosh tt 3316 62 Clarke it 2670 83 Monroe tt 1324 94 Columbia u 3565 32 Montgomery u 512 95 Crawford tt 221 77 . Morgan tt 4413 54 Decatur t( Newton tt 1150 53 Dooly tt 82 26 Oglethorpe tt 4082 51 DeKalb ft 384 58 Pulaski n 1065 04 Effingaam ft 996 79 Putnam '( 4362 00 Elbert tt 3226 34 Pike it 338 79 Earley Emamiel tt 286 68 Rabun tt 87 58 tt 527 86 . Richmond tt 14,160 94 Fayette it 275 65 Striven. it 1492 31 Franklin tt 1791 92 Tattnall tt 607 70 Glynn tt 1200 68 ' Telfair a 449 75 Greene tt 4221 82 . Twiggs tt 2444 65 Gwinnett ft 1098 15 Walton it 1196 57 Habersham ft 718 76 Warren tt 2766 28 Hall it 962 56 Washington tt 2549 37 Hancock it 3910 68 Wayne tt 320 92 Henry ft 610 14 Wilkes V 5727 60 Houston tt 191 50 Wilkinson it 1307 25 Irwin tt 82 63 . r Jackson tt 1975 94 < i J132,9p5 65 The committee are unable to ascertain the net amount of the gen- eral tax paid into the treasury.. They have reasons to believe that fifteen per cent is a reasonable and nearly a correct deduction which ought to be made from the gross amount for the collector's and re- ceiver's commissions, insolvents, defaulting tax collectors and sheriffs. The committee beg leave further to report that the following list of defaulting tax-collectors exhibits the amount for which executions have been issued against them and their securities (where security has been given) by the treasurer and comptroller general also the amount reported to be due by the same defaulting tax-collectors by the comptroller general at the commencement of the present session of the legislature, together with the dates of the executions, viz. 212 v> is. S o CO CO ■i'o $2 „ * * •» * • W© © © O O ■ ' T5 Ctf — •© 6* CO £ 00 CO •52 *p* <§ «• o o •o -o o o o {Jd'S » cu < < " 0$ S O O QJ U »• "© "O ® "3 »B CO > o fc 0* ©* I'M CO o> —* o „ 00 o — CT ^ fc-T-c ■4 S C/ CO -Ct. CO ~ i- to :&,$* »rs -51 "« 00 O $ t-. -* o* &eo O ^ in in c N ^ « - "1 CO ^ CO 0> i^N r" ™* M> "*•* WCO«®OOCOl OV© —. rf —4 oi«<00i(»OOWG'O>no® co^»,)|>ooooineoiooi^o lO Tfi CO.CO '^COioO-i'OOiOG) COHcO^WC^O-^^iJlrt. CO o? c* CO CO <0 Ch r, O>O"5C<-«fC0ttS§^ C* VDK-"OK S^iooWOOOOioOCoOcicOOo fcj v,i2 ^ C *> K CO CO <£> CO .© •? O is K CO ®( (J) o |§OOCocoocS-rt2 ^ O « ^ if) 'Ois © o ^ CT K K « A «; d -S © i*® h JS -s i 5 to W « - S. <24 " * 6 £ £3 5 e3 N b" W «s*-~ C2 •*■9 P £ £ .t a B JS 3 »- O "X ° w ® i» §55 !? u o> TJ .fl 0«£T & C.Q i§"» 0"2 s . s «S K c j M 5? '.(S ® •*60 o c c -£-c © © ro L» «, 4> ~~ co r-1 ^ & © "«j .© o • O c» ^ JJ Z2 "■* ' WocOcdo^-.tC!^ ;£fiacficq^|H-- «> ^ Si 5i 4. ? * 5 5 5 fejo • Q Q £•} 03 M >->■35 i 55& «u~ »a C ■cQ c3 «. j£p3 IU d o ■§ t 5 c C3 >-3 ®!e« &13 w* p 5* co ; CO ^ * oT' o C.T a i "S o. V W» r3 < s; cf CO o •d! °° 2 I-l O? oo 00 00 *—4 (N -c «: c» -p JO o 3 >» *3 i: J 'is rt <3 w *3 f SSSSqS © *o c- o o O © c» .. G3 *© t5 "© O =5 , >o s « to co ■«? o m co eo co <© T C! O (J|. lO CO (N C « K C*O>i-HC0*.lO«G* TP CO ~ «Kt,-P0'-lo>3soopcoc;-lf)0llfl »-"CtC<'cO'«S'rJ<-<,G? CO GO *p o> O — COHCOWT'TPWO-« M ««• N Tp -- CO IO Tp Tp CT> "*♦ o co TT TP -w o • CO in «5 00 « T1 O 00 - CO o Tp c< 209 1041 WWHN-W^o vs § N. CO > C 5 e 5 ^ 2 «•. &, 5. - 't w „ o " "a •hH o "5S «£< a © a> £ 3 es -a: rs s> «- s © „ §.£ 5 ;.p ..^3 ! « fd.N o cj *■* »•*• ** -4_J K. o o CCPh 2© * a 5 £ -E\3 4£ Is on cc © a> £ S (0 3 !■"» >~S a> O Q 8 a —- ££ "3 C P £* . .2 « g „ eoP- G j- £ p ~ 05^ S^" £°^5 &£"«£ '© QQflptiqcfi»,2t:5 £ c £ =s £ = a c c *r» -§ «c £ •- -9 _r J5 J= £: rS ° .51 •£ ^ o o c j* fc a, & _ © £ = uq. a a ' '•a ® life-, r-5 O © £> 814 • O N ^ • Gft O - ^ ~ W J° 00 - CO —. •— y— 08 «-4 ^ «■* «oo w - N ^ Oft jj i J; ti "5 o.aa.« CO . ~ -H -o 00 Jft 4 s. fa < • Cft CO 00 - QP •s ^ no ^ o? cft "t z u *2 ct ci- s* . ^ CO (£ -4< Cft — § £ 2 - 00 00 —'. Cft Z .-fZ Z"Z| § ® ®*S ^.fa«! «J . CP S' o 2 00 , "* 00 o~* ~ £Z ^ U CO ffS 22 j= U 1* as 2 o «0 tC.-§. -O fa i sggt-KRsSixfes^sn^sssrrssssxssssis? C'no^oioCjni'5^Ko'2'0'0-t>-NCj'^^^^®^ o»j.fe.~»i^2js«®«S;«»®sss2aba«0,33s O — cn ■# I-K fi 00 c<5 eft co co eft <-» eo © K ^ 00 © tjo CO 00 C7> CO a -41 eo b, •»? ** »n b» co CO Os K. TP <© 00 -41 O *t TP b« 00 CO —i — co Oi *~ eo eo GftTPco©>©S2-NOft*«;tcftcft^®-*S2©2l!ok;??2£0' 00 00 Q0CO0O0O0°O00O9OCOoO00 00 00COCO0OC0 00 00 0°00«>2;:5COS2eO^C , -i! «> I « s CI © o- © •- "e * g . »(. ..Si >. g. , U - ! |s & 1*5- J > -3 § nS3 5 " . r*" ^-3 i-o co *• J§ o o -o o I- © C^ 'O* © S3 © cfi -w > -w ~ io CJ—< e cc —' U v s-> *•» ^ ' 3* &S C ZZ. fli &* S*t C3 _ *s w © fcicr% 23 it; ©cu x e ss 53 c- ""■11 J 8= s =a§ |§-?oH £._:_"5 S || S I ■^aJ S .5-g3-S*t*S-§« saJ^C335dE»1, ct2 «K«i w y w »® s: ©®55Q-©Q S «5 i 5 . . '> ' s.t p-ij i-S,tCe?S®-c..E:i-5'«-=eS«®§o J2 215 ar *x> 0 "■* # CM « e 00 us -3 CM M( "C CU <5 Q. < # • CO CM f4 CM 00 CM 00 00 r-< *-' « «. CM o> 1—4 ■ © p • £■ a. P v-> < '"3 im s* cm 00 « n re o CM CM. CM CM CM C 00 00 00 00 CM 00 o a* o" ro o uT CM -* O* ~ CM *Z3 *? o> «2 ^3 JS A fc S p~a cm oft OO • x« —i o „ 84 2® I4 I1® S Sfc 05 00 <50 •'S' Cfl 00 x'W^ftlNOCOGOOMOW X) Oco ON CM — us O O <© Cft t— —1<«^G)>OCJC0«5O*C>-»00 CM O e*5 us VJ -O^-"0®'>v>93®,flKC>f5N.M,O^-0>W00O«C o «a *«• i« «5 GO m oo oo CO — 1-, WOO CM >0 t-. -< to 'O m CO CI i_o CO C> ^ >fjC0"~'CJ5O'^fiV5—• VI CO t- CO OO « 1* - •« O «0 H « T~ CM CM — X. ** CV©> "§ o> eo oi <£> oo - co . c-* lo CO «— CM U> rn Oi oo CTl o G? C?i O C £3 O c s » * - «£S ■X > P3^ « ^ *• ~ «a - «s > . W1^ K >-5 a 3 _ *■» C '•2 53 s fis £ c c si y 3 t~S "J- d 5 S -c .SP *5 — S3 a o £_ 4 Q^«50 T3 a; a u d a, BJ 19 3* « © © j- 0 S-® ■WIS S3 ^o" •12 ■£ =: c .£■ . S ~ S° a & •— c 55 c3 !>,0W .a a s- J© 0> O a> • 0a 8 s©0| £S~-S<§ £ ^ "cLilg •- J? a« §3® '3 *®i S= gSjSSS^ OQ Sr. OS «?J <"r< © jf* *5 ® hsHi-S x x JSqon^O^OQ <5P5I^ Tco -2 p .gr.s 0= Wj etf © a- i0 % "eS "5 is « V i- & a? >rs i-» &16 The difference which appears in the foregoing statement, between fiie amount tor which executions have issued, and the comptroller's report, »rises principally from payments having been made into the treasury by defaulting tax collectors subsequent to the date of the execution, and from the comptroller not deducting the commissions of the collector and receiver and the insolvent list. The committee have ascertained satisfactorily that whenever tbe proper credits are given for commissions and insolvent lists, the ac- counts of a large portion of the collectors reported as now in default will be balanced or nearly balanced. The committee therefore for the purpose of closing those accounts recommend that the comptrol- ier be instructed to issue executions in all cases herewith reported, wherein it shall satisfactorily appear to him that balances are due to the state, and where it does appear to the comptroller that the de- faulting tax collectors reported by him as such, are not in arrears tq the treasury, ihe comptroller shall balance or close such accounts, and such collector shall not again be reported to the legislature as a defaulter. It appears to the committee that the balances reported to be due by Peter Devaux, collector of Chatham county, John Dericott of Wilkes county, Thomas H. Handley of Richmond, who are reported to be indebted to the state in laige amounts, and other collectors who are indebted to the state in inconsiderable sums, are considered by the committee as lost to the state. It is therefore deemed unneces- sary for the comptroller to again notice them in his annual report. The committee are iaformed that a number of the executions issued by the treasurer and comptroller have gone into the hands of the sheriffs. That the state has been defrauded out of large sums of money by the collusion and management of the sheriffs ana collectors and their securities and their property sold for a less sum than its real value, and in some instances sheriffs have collected money us- der executions issued by the treasurer and comptroller and have be* come insolvent or fled from the state, and in some instances sheriffs have collected the whole or a part of the monies from defaulters, and have neither returned the execution or paid over the money to the treasury. The committee therefore recommend the adoption of tbe following resolution: Resolved, That it shall be the duty of the comptroller-general where he has reason to believe that fraud or collusion has taken place be- tween any .sheriff and a defaulting tax collector or his securities in the sale of property or otherwise, it shall be his duty to instruct the attorney or solicitors-general to make a strict enquiry into such fraudulent transactions, and report the facts to the comptroller, and upon the receipt of such reports it shall be his duty immediately to lay the same before the executive department. And his excellency the governor is requested to order a suit or such other proceedings as he may deem advisable for the recovery of monies due the state an- der these circumstances, and that in all cases where executions have heretofore been issued by the treasurer or comptroller-general and the same shall have been lost, and the comptroller be and he is Jiere- by authorised and required to issue anew execution against such de- faulting tax collector. stir xn *A £ * % H •S3 £ U ex# sC <» i- f-CS <» '«•>> lO s § Q> QJ S. •«*» r-j ® « -53 t3 S £ a Is ^ § g f5i i-ss -Ks S is ^ £ 1jD§ • «s> e -T ^ ^ s. P"&4 f - ^ S 5» S *fcj !» *-H » « « *» gj s SJ f- Sife 53 - ^ *53 S ^ I- feT55 « aTS' «•§ S S» ^ 8 J « g i £ & S® _ a\ & ^ c5 *- ?* ** ^ &* o e- £ © 2 ^ ~ 5.-^ °t " Pa.« £ 22-S c-c .• — ^ W u ^ w> C JS *7* s- J5 •*> o v -T3 « . *"0 C s£ tO^ m. ^ W • , * W *»« . ^ ^ C ►> -a « a at'SS 5?s 41 i. &s£&S?*SS&S8« fcC C o w *o > o >-. • s •£2 cc H .S* Sk d> ca 6 «! 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C. Monfgomer William Merri-ffc, Th urn as McGehce, Wi li mi -VI eggs, D:i . id viorgori, John Pu ree, George Fallen; Zac.iui iah Pudlips, Liberc I Mac rat-fish, Co: lif'1 Pun.-, D. Hamilton, E. Philips, Feb. 7, a 20 l&k Thomas Dobbs, Jan. 22, it 25 Alexander Ware, 20, u 34 Steward Devann, 28, ti 35 Henry H. Langford, Feb 1, tt 44 William B. Hancock, 8, it 25 David Lawson, 10, it 10 Nicholas W. Wells, Jan. 10, 46 225 Bernard G. Thomas, 20, tt 25 y Samuel Pruitt, 22, it 40 Zachariah Philips. 31, tt to George Brown, Feb. 1, U 90 Henry Gordon, 8, tt 12 George Muddox, 28 tt 28 William Sentral, Jan. 23, it 13 J* Taornton, (( it 16 William Merret, . 31, tt 195 David Hamilton, Feb. 7, it 12 12 k Morgan Grilleih, tt 15 Matthew T. Miller, 21, a 65 Wo let given for reserved lots delivered the Comptroller. Securities Names. Zachariah Corley, Do. William Booker, Z dekiah ^kales. Obligors Names. Jonathan Cor ley, Do. William Culbreth, Ezekiel Daniel, Do. Samuel Hutchinson, V. Harralson, Geo.W. Humphries, Thomas Moody, Isaac Hill, William Heotley, John VV. Hamilton, James Abercrombie, Sirnson Hamilton, Do. John Keadle, Martin Deal, Dale. Feb; 15, 1821 Jan. 28, « 27, " Feb. 15, « Marable, Ogilby, Booker, Jan. 22, 1822 Feb. 15, 1821 Peyton Noland, J. B. Pendfleton,, Prior Tally, Littleberry Watts, Charles Strozier, Jacob Early,. Shadrick Morris, V. Harralson, March 4, 1822 18, 1823 Jan. 27, « June 4, 1821 ,Jan. 28, 1822 Amount. 21 30 136 172 73 5 201 65 15 50 86 10 76 278 2 217 g 1.387 50 A list of Bonds for the rent of property at Fort Hawkins. Dale. Jan.4,1823 Obligors Names. Henry Audolph and Spencer Riley, Wm. W. Brown and K. Curl, 8. Williams, Irwin Bullock and Charles Bullock, " Alexander Merriwether and James II. Fultoft " Francis H. Godfrey and Francis Bacon, " Stephen M. Ingersoll and Henry G. Ross, " Jehn Keener and Alexander Merriwether, March 19, Sen. 32 Amount dm. 36 2,501 100 100 60 200 20 S50 Matthew Robertson and George Jewett, Jan* 4, " Spencer Riley and Henry Audolf, " " Jeremy Stone a-.d Robert Coleman, " " Sberrod Whittington and Peter Litiridge, " A receipt dated 1 Oth July, 1823, given by Charles J. Mc Donald, solicitor general of the' Flint district for an agreement and aftermentioned bonds delivered him to, collect for (he state, viz. Charles Bullock's agreement or lease. May 7, 1821 John Beard ami John Jenkins' bond, Jan. Charles Baliock and John Jenkins, Soltmon Groce and Reuben Wilks, Ingersoli & Ross, and Luke ltoss, L&wson I. Keener and John Keener, Harrison Smith and HenryG. Ross, Jeremy Stone and Hugh Knox, James Thompson snd James II. Benton, Alexander Merriwether and Jonathan Hudson, 40 35 225 50 3,366 113 50 1822 35 ft ' 635 30 a 200 ft 2,125 it 40 ft 60 << 50 a 120 36,574 50 Receipt and Notes for Indian Goods.. Amount (hie. . Joseph Spencer, Geo. W. Chislom, Horatio Marbury, 21 Alexander McMillan, John Paulett and J. B. Oliver, 21 45 Alexander Love, John Paulett and William Wright, 24 43 Samuel Barron, William Barron and Francis McMurray, £7 96§ Horatio Marbury, John Cobbs, Nathan Powell and John Downer's note, 12172 Horatio Marbury, Daniel Sturges, Jr. and Chesley Bost- wick, Sr. 67 01 James Bozeman, Michael Shelman and John Bostwick, 52 Edwin Mounger, George R. Clayton and John Bostwick, 71 38 A Receipt dated 15th Oct. 1802, given by Robert Walker Esq. solicitor-general for bonds and notes for Indian goods placed in his hands for collection of which there appears from'the books of the treasury oflice to remain uncollected a balance of principal, exclusive of four notes mentioned therein, which have been returned into the treasury, 306 68^. 3713 64 •J list of Bonds for Fractions sold in Baldwin and Wilkinson. Principals Names„ Securities Names. Date. Amount*. Joseph Bell Thomas Huges Dec. 1 1807 22 22 Thompson Bird D.Newoan.M. L.Pryor Jan.ll 1808 295 75 ^Abner Chapman Debna Chapman 29 291 & 251 Simon Clement Do. John Cumbest David Creswell Thomas Cargill Willis Cooper -Benjamin Ragsdalc Do. Edward Cavenah George Adams Roderick Easley Willis Mangham 27, Dec. 22, « 17 Feb. 3, « 19, " 8, « Jan. 30, « Thomas B. Rutherford Feb. 11, " James Alston Dec. 14, 1807 R. Futwell, J. L. Piercy Feb. 6, 1808 F. Flournoy R.SimmsO. Echols, R. Easly Joseph Fkspatrick Henry Walker Robert Fluker David Flukef Gabriel Gunn Leonard Green Thomas Haynes Henry Haynes Wm. Hammett Do. Mathew Hawkins Joshua Hagerty Wingfield HamneC •Thomas Loyd, Jr. John Lewis George W. Moore Edwin Mounger Ephraim Green Henry Haynes Thomas Haynes Isaac Phillips Joseph Phillips Thomas P. Hawkins Abe! Hagerty Richardson Hamner Thomas Loyd, Sen. Charles Deveraux James Hamilton Elijah Clark Alexander Mackey Alexander Cotton Michael Moore Thomas CargR Dec. 12, 1807 Jan. 30,1308 « h 29, « 27, « 22, « Feb. 3, « 18, " 2, 4t Dec. 14, 1807 Feb. 25, 1808 Dec. 29, 1807 Feb, 4, 1808 Jan. 11, 14, 29, 28, 30, 22, K Daniel Newnan Bird, Strong, Bledsoe, Do. Napier, do. do, John McLemore James McLemore Martin Nail Thomas Colbert .Zacheus Philips Joseph Carter Do. Isaac Phillips John S. Porter David Fluker Do. Do. George Ramsey John Morris Peter Randolph Edmund B. Jenkins Do. William Shaw Thomas Runnels Francis Pickett Robert Richards . Joseph Carter William Shaw Peter Randolph Do. Do. William Shaw Peter Randolph Do. Do. Do, Do. Do. Do. Do. Do. Do, Do. Do. Do. Do. Do. Red. Simms, O. Echols & J. Taylor, W.Randle Feb.15 1808 P. Scarborough jr. Peter Scarborough, sen, Jan. 27,1808 David Taylor Carter B. Harrison, 26, " Feb. 2, *' Dec. 3. 1807 2, « Feb. 22, 1808 Jan. 29, « 30, « Dec. 2, 1807 Dec. 21,1707 21, 2, 1,431 152 20 161 82 40 83$ 1,559 20 372 72 1,684 22 87 50 26 50 I 85 246 62 93 597 50 697 07 300 227 20 845 30 43 2$ 2,101 405 65 4 792 74 56i 52 5jQ 187 50 345 25 295 44 300 539 25 1,015 30 61 37 234 374 72 06~ II 20 ill 37 1,071 44 . 24 1,045 50 111 96a 50 41* 137 50 121 91 55 87 08 37,50 175 18 187 91 342 12 189 25 1,277 75 252 Samuel Walker jr. Samuel Walker, sen. Do Do Green Young Henry Walker, Do Joseph Carter, 29, " S 50 U " 224 25 (I * 178 75 o CO "i 464 75 S^.1.541 82' ♦3 list of Bonds for Lots sold in the town of Macon. Obligors Names.' 1 Securities'Nantes. Date. Anit due. Farish Carter C J McDonald, A.McGregor,Mar. 6, 1823, 250 Do ; Do do " « 305 Do Do do " " 368 56 Do Do do " " 503 Do Do do " '* 352 80 John Childers Isaac Phillips, Jer. Smith, " " 300 50 Samuel Gillespie A. Dearing, O. H. Prince, " w 177 50 Ingersoll & Ross, J T Rowland,C Bullock,N Wells " 453 75 Robert Mathews John Wroodall,E. Bevill,, " " 255 . John Murphey A. Merriwether,S. M.lagersoll " " 300 ThomasT. Napier U.S. W hitfield, Wm. Brewer, " " 394 71 Thomas "Napier C. J. McDonald, H. G.Lamar, tf " 344 Do , Do do " " 365 50 Hope H. Slatter Tho. Flewellen, S. F. Slatter, *< " 33125 Shad'k F. Slatter Do Isaac Phillips, '4 " 492 50 Eli S. Shorter C. J. McDonald, C.Bullock, «* « 340 75 Do Do do ' " V 235 Richard C Wilson D. S. Boothe, A. Merriwether, " " 538 76 Joel Rushing J. H. Rogers & J. Keener, • " " 280 50 Bonds for the State Housein Louisville, and rent of Fractions in the 7th' District Baldwin, State House, - - - . 262 88 Rent of Fractions 7th District Baldwin, - - 7 v &26Q 88 The committee^have not deemed it of importance to insert in the foregoing schedule the different receipts given by the former attor- ney and solicitors-general, for bonds given for the put chase of revert- ed confiscated property, for Indian goods, for fraction bonds,,for rent Of fractions, for lots purchased in Milledgeville, &c. The committee recommend the adoption of the following resolu- tions: Resolvedt That the comptroller-general be directed to instruct, the attorney and solicitors-general of the different circuits to make astrict enquiry into the state and situation of all bonds, notes and special* S58 ties heretofore delivered to their predecessors in office, for the coliec- iion of monies due by individuals to the state, ekner tor reverted con- fiscated property, fractions, rent of fractions, town lots, Indian goods, or otherwise, and that they do make a special report of the result of their investigation and inquiry to the comptroller-general, whose duty it snail be to lay the same before the executive dep in meru; and his excellency the governor is request d to order such proceedings in the premises as be may deem most to the interest of the state And be it further resolved, That it shall be the duty of the comp- troller gerieral within three months to furnish the present attorney and solicitors-general with a schedule of all bonds, notes and special- ties heretofore delivered to their predecessors in office, for the col- lection of monies due and owing the state by individuals residing in their respective circuits. Which was read and ordered to lie on the table. The following message was brought from the house of representa- tives, by mr. Dawson their clerk, informing the senate, that the house of representatives had passed the following bills, to-vvit t • . ' ■ ■ A bill to extend the corporate limits of the city of Savcnnah, and the hamlets thereof, A bill to amend and explain the the 5th section of an act passed 1823, creating a poor school fund. A bill.for .the relief of Lpvick Pierce of Greene county, and other purchasers of University lands. . A bill to regulate the weighing of cotton in the city of Savannah and to appoint a public weigher for the same. A bill to authorise his excellency the governor to appoint commis- sioners to contract for the building a bridge across the Uemulgee ri* ver at Macon and for other purposes. A bill to authorise Ebenezer Jencks to construct a canal from the Ogeechee to the Savannah river, and to vest in him and his represen- tatives the proprietary interest thereof for the term of rixly years. A bill to amend the road laws of this state, so far as relates to the county of Baldwin,.and A bill to apportion the representatives among the several counties In this state, according to the fifth enumeration or census. And he withdrew. The senate took up the several messages from the house of repre- sentarives, and the bills contained in the message of to-day, and also the bills contained in the-message, of yesterday, were severally read t he first time. ; . The report of the committee on finance on the petition of John Harriss, and on thm correspondence between the governor and solioi- tors of the Flint and Western circuits, on the states' claim against Jonn Loving, Fleming F.'Adrian and Samuel Jackson, late commis- sioners of fraction sales. The report of the committee of finance on the subject of forfeited Indian reserves. 254 The report of the committee on the unsold fractions lying on the Indian boundary line in the fifth district of the county of Early, and fraction No. 24| in the fifth district of Monroe county. The report of the military committee to whom was referred the re^ solution enquiring into the propriety of distributing 250 swords and 250 pair of pistols among the squadron of cavalry attached to the 1st division of Georgia militia, &c. And the resolution requesting the governor to have examined and re surveyed certain districts in the counties of Irwin and Habersham. Were severally read and concurred in. Ordered, that the balance of said messages do lie on the table for the present. The senate took up the report of the committee of the whole on the bill to prescribe the mode of choosing the electors of President aud Vice-President of the United States to which this state is entitled by the constitution of the United States. Which was read, Whereupon, Mr, Burney moved to strike out the fifth section of the bill, and insert in lieu thereof, the following. And be it further enacted, That when the election of electors shall devolve on the legislature under the provisions of this act, the legislature shall be required to select the requisite number of electors from amongst the 27 candidates who have received the highest num- ber of votes by the people. And on the question to agrer thereto, it was determined in the ne- gative. The yeas a!nd nays being required, are~yeas 19, nays 28. Those who voted in the affirmative, are Messrs. Eeall Biackstone Bozeman Burney Cleveland Coffee Davies Groves Little Mitchell Mobley Phillips Sellers Strawii Swain Walker Wellborn Wooten Worthy Those who voted in the negative, are Messrs. Allen Baker Blackshear Brown of Decatur Brown ot Hancock Cook Crawford Jones Lockhart Gamble Gibson Gilmer Gilmore Holt Powers Prince Spann Mangham McCrimmon Miller Montgomery 2S5 Stocks Tennllle Whitehead Stokes Tignor Wimberly Taylor The report was then agreed to. The bill read the third time— And nn the question " Shall this bill nove pass r" it was determined in the affirmative. The yeas and nays being required, are—yeas 31, nays 17. Those who voted in the affirmative, are Messrs. Beall 11 lacks tone Bozeman. Burney Cleveland Coffee Cook Crawford Gamble Gibson Groves Hardee Holt Jbnes Little Mitchell Mobley Montgomery Phillips Prince Sellers Those who voted in the negative, are; Messrs. Allen Baker Blacksbear Brown of Decatur Brown of Hancock Da vies Gilmer Gilmore Lockhart Mangham McCrimmon Miller Spann Strawr. Swain Taylor Tennille Walker Wellborn Wimberly Wooten Worthy Powers Stocks Stokes Tignor Whitehead William Christian one of the select messengers appointed by the president to execute his warrant on the bodies of John Loving, Sa^ inuel Jackson and Fleming F. Adrian, made the following return By virtue of the withjm warrant I have the body of Fleming F. Adrian, as I am within commanded, at the bar of the senate. Signed* WM. CHRISTIAN. ISth De*. mi. Whereupon, Ordered, that the messenger be instructed to take into custody the body of F. F. Anrian until otherwise directed. A message was received from the house of representatives by mr. Dawson its clerk, informing the senate that the house had passed a bill to regulate the fees of the clerks of the courts of ordinary, in cer- tain cases. The senate adjourned until 3 o'clock, P. grown ovt of this subject, they cannot but approve of the course of conduct purSiied by the executive, as one imposed upon him by the duty of his station and the requirements of justice.. Referring to the proceedings which were commenced and are now progressing to a final decision in the supreme court of live United States, t.hq com* min.ee find that when a iibel was filed by Madrazzo a Spanish sub- ject in the district court of the United States, W.Ilium Bowen inter- posed a claim to this Africans in question, according to the practice of admiralty courts. That from the decision of that court, and from the decision of that circuit court mr. Bowen appealed to the supreme court of the United States where the case is now pending and will be decided, which decision whether favorable or adverse to the ^faimg of mr. Bowen will be final and conclusive. Your committee are also of opinion that if the decision of the supreme court sfiould be un- favorable to the claims of the state) good policy and a regard for jus- tice will require that she should acquiesce in that decision and give tip the Africans to whomsoever they shall appear to belong, even if the state could not be coerced into acquiescence by the strong aim of. the law. The state therefore in the opinion of your committee is bound to preserve and protect the property in litigation, in order that she may when the rights of the parties shall have been decided upon cither avail herself of a favorable decision, or be prepared in a diiier- cnt event to pursue the course dictated b\ policy and justice. To enable her to meet cither result, she is bound to protect the property and preserve it from any attempt to wrest it from het. Your committee taking it into their consideration the difficulties which have heretofo e attended this business, would gladly recorn- mend such a course for the future as would relieve the state from further embarrassment, but the committee are unable under existing circumstances to devise such a course. Your committee have afso had under consideration the petition ot tnr. Bowen in which he proposes to have the property in litigation given up to him upon his giving security to indemnify the state against the claims oJ all other persons. Your committee are of" opinion that Ihis proposition should not be acceded to, because they believe it would be impolitic anil unjust Good policy and a proper regard for the requirements of justice demand of the state that whenever she 'makes a voluntary surrender of the Africans it should be made to those who stall have established a just and legal claim to them. Put- ting out of view the mode and inanner in which the Africans were, brought within the jurisdictional limits of the United States and giv- ing to mr. Bow eh the full benefit of the argument w hich he present?* growing out of the want of intention on his part to violate the laws of lii's country. The committee are satisfied that the facts attending the transit of the Africans from Amelia island to the Creek agency were stich as authorised their seizure and detention. The conse- quence of this detention has been that persons setting up a claim folhe property and who were disposed to contest the rights of those under whom mr. Bowen claims title have had an opportunity of pre- senting those claims before the proper tribunal. So far as thesa claims have been investigated, the comniiitee are of opinion thai great doubts have been cast upon the justice of mr. Bowen's claims; 259 leaving the question-, however, to be decided by that tribunal to whicli it has been carried, and to which it properly belongs, your committee are decidedly of opinion that respect lor herself and a proper regard for the dictates of justice require of the state that she should pt&- serve and protect the property until that decision shall have been made, and when the property is surrendered, let it be to those whose claims shall have been satisfactorily established before the competent tribunal. Your committee therefore recommend the adoption of the follow- ing resolutions: Unsolved, Thai the legislature approve the course pursued by his excellency the governor in relation to the Africans in possession of the state amilst the.'dill)cutties resulting from conflicting claims to the property prosecuted in different courts, having or pretending to •have concurrent jurisdiction. Unsolved, That this legislature are of opinion that his excellency the governor will be warranted m pursuing such a course of conduct in future for the security and protection of the said property as his wisdom and prudence may suggest, uutil the title thereto shall have finally been decided upon Resolved, That his excellency the governor be and he is hereby authorised and requested to employ counsel to defend the rights of this state before the supreme court in the cases there pending in r.e? iation to the Africans now in possession of the state. Whereupon, Mr. Gamble offered the following as an amendment: Your committee have also had under their consideration the peti- tion of William Bowen in which he proposes to indemnity the state, by bond and security against the claims of all others by the state syr- rendering to him the money the Africans sold for. and those remain- tng on hand, and your committee are of opinion that such a course would not entirely relieve the state from all possible trouble or lia- bility which it is her interest and policy to accomplish. But your committee are of opinion that if rnr- Bowen will in a reasonable time deposit in the executive office a relinquishment made by the Spanish claimant Juan Madrazo or his agent or attorney of all claim or litsn whatever that he may have against the state of Georgia, her agents or officers, and at the same time deposit a like relinquishment made by himself in consequence of any interference or actings or doings ot! the state, her agents or officers, that the best interests and policy for the state is to grant the prayer of the petitioner. Therefore— Resolved, That his excellency the governor is'hereby authorised and required to deliver and pay over to William Bowen the sum of dollars, and all the African negroes and their offspring now in the custody of the state, so soon as he shall deposit in the executive ofljce a lawful relinquishment to be made to Juan Madrazo Or his lawful agent or attorney to ail claim or lien whatever on the state of Georgia her agents or.officers for any interference or sup- posed liability iu relation to the Africans claimed by Juan Madrazo and that William Bowen do at the same time make a full and com- plete relinquishment of any claim whatever he may have on the'state of Georgia, her agents or officers, for her interference or supposed liability in relation to said Africans in any manner whatever : Pro-. S60 itided nevertheless, That such relinquishment be made $nd deposited as aforesaid on or before the fifteenth of January next. And in the event of the said William Bowen failing or neglecting to comply with the proposition herein before mentioned, your com- mittee would then recommend the adoption of the following resolu* tion: t Resolved, That his excellency the governor be and he is hereby authorised and requested to employ counsel to defend the rights t>f this state before the supreme court in the cases there pending in re- lation to the Africans now in possession of the state. Which was read—and On motion of mr. Gilmer, That the previous question be taken thereon, It was determined in the affirmative, and the main question put-- and on the question to agree to the original report and resolutions it was determined in the affirmative. The senate took up the report of the joint penitentiary committee* which was read-—and on motion to strike out that part of the report relating to the allowance of pay to the inspectors thereof. The words ^one hundred and twenty five dollars," with a view of inserting in lieu thereof " two hundred and twenty-four dollars," it was deter- mined in the affirmative. The yeas and nays being required are—yeas 26, nays 23. Those who voted in the affirmative, are Messrs. Allen Baker Blackshear Brown of Decatur B^own of Hancock Coffee Cook Crawford Gamble Gibson Gilmer Hardee Holt Jones McCrimmon McKinne Powers Prince Stocks Taylor Tennille Tignor Walker Whitehead] Wimberly Worthy Messrs. Beall Blackstone Bozeman Barney Cleveland Davies Gilmore Groves Those who voted in the negative, a re " Johnson Little Lockhart Maugham Miller Sellers Sheffield Spann Strawn Swain Mitchell Mobley Phillips Wellborn Wooten The report being further amended, was agreed to, and is as follows.: 26 i The joint committee oa the penitentiary have performed the assigned them, and in making the following report, take a pleasure in representing the establishment to be in a more flourishing state than they have known since its erection, which must, in a considera- hie degree, be attributed to the care, management and direction of the inspectors, and of the principal keeper. The internal regulations for the government of the convicts—the order and regularity with which the different branches of work are carried on, evince a management on the part of the principal keeper, that is highly creditaole to him. Your committee are further of the opinion, that the institution for the political year past, has been conducted in a manner judicious and benelicial ; and if similar arrangements are continued, they haye no doubt, but in a few years it may be brought to produce a revenue to the state, instead of an expense as hitherto. Should that be the fact, a double advantage will be derived therefrom; in the first place., such persons as were disposed to violate the laws would' be kept sepa- rate and apart from the rest of the community ; and in the second place, while doing penance for their offences, would at the same time be learning a trade wherewith they might support themselves when again let loose on society, without resorting to their old practices. - Your committee have examined the smiths' department, and find the work executed therein to be of a superior kind, and at prices lower than they can be obtained elsewhere. They have also examined the books of the penitentiary, and find them correct and accurately kept A schedule of the notes and ac- counts due the institution, were laid before them and particularly ex- amined. They feel confident that the credit given to the patrons of the institution, has been judiciously extended, and if at in this diffi- cult and important matter, a great improvement has been made.— However, they are of the opinion, that that part of the business can- not be too strictly attended to. They have also examined the shoe, boot, harness, and the tayloring departments, and find the work carried on in those different branches lobe to the interest of the state, as much so as the nature of the case will admit. They cannot refrain from expressing their approbation of the con- duct and management of the superintendents of those different branches. They have further examined the penitentiary edifice, and find the main building, the guard-house, the hospital, and w ork shops in good condition, with the exception of a few panes of glass deficient in' some of the windows,arnd of a small portion of the plastering that has fallen off. Your committee have also examined the raw materials, and manu- factored articles appertaining tu the painter's department, and of the different workmen in wood, and find the raw materials of the best quality that the country affords, arid procured at a moderate price. Thermanufactored articles are cheap, and executed in a manner high- ly creditable to the institution. The workmen appear orderly and attentive, and pursue their various occupations with assiduity. A memorial from the inspectors" of the penitentiary, relative to the Africans being received within the walls thereof, agreeable to the. di- 362' received within the walls thereof, agreeably to the directions given by his excellency the governor, has been laid before your committee., who are of the opinion that the measure recommended by his excel- lency and adopted by the said inspectors, was highly commendable, and the only one by which the Africans can be safely secured, until disposed of according to law. Your committee beg leave to recommend the adoption of the fol* losing resolutions: Resolved, That in all cases where persons are sentenced to the penitentiary, it shall be Ihe duty of tke'clerks of the superior courts of the respective conuties where such persons maj be sentenced, tp inform the principal keeper of the penitentiary immediately thereat- ter by mail, or private conveyance, where there is no post office in che county, of the sentence of the said convict, and thae he is detained'iti the county jail, or under guard, as the case may be, subject to the or- dec of the keeper aforesaid. All the expenses incurred after the conviction of the said convict are to be paid by the keeper of his deputy previous to his delivery, Provided, That the clerks aforesaid should fail or neglect to give the necessary information to the keeper Within due time, then and in that event, they are bound to pay out of their own funds, the expense in- enrred by the detention of each and every convict previous to his be- ing delivered over to the order of the said keeper. Resolved, That a fire engine be immediately procured for the use of the said institution, and that an additional well be dug in the yard thereof. Resolved, That instead of repairing the cells, which from their in- judicious location, are in a decayed situation, and unfit (if repaired) to answer any length of time the various purposes for which they were originally constructed, that in lieu therefore of their being used as places of punishment, yonr committee recammend moderate corporeal punishment under proper restrictions, and when approbated by a ma- jority of the inspectors that may be present at the time, with the principal keeper. Resolved, That the dormitories of the convicts, which are weak and badly constructed for the purpose they were intended, be strength- oned in such a manner as the principal keeper may direct. From a Statement laid before your committee of the expense thereof, they are induced to believe it will not exceed $700, and yet when accorn- pjished will produce an annual saving in consequence of a diminu- tion of part of the guard of upwards of $1,500 to the institution. Resolved, That the sum of #300 per year be allowed the physician for his medicine and attendance ou the convicts in the penitentiary Instead of $500, hitherto given. Jind be it further resolved, That the inspectors of the penitentiajy be allowed #224 per year, as hitherto given. 1 Jind be it furUiir recommended, That an alteration be made in the- fifth section of the penal code, and that the 4th section be repealed. Resolved, That the penitentiary committee be discharged from fur- iher service. 263 The senate took up the report of the joint committee on finance* tb whom was referred the petition of Emanuel VVomber/.ee, which Was read and agreed to. The senate took up the report (of the house of representatives) of the joint committee on banks, to whom was referred the reports anil exhibits of the different banks in this state in which the state is a stockholder, made in conformity with the requisition of a resolution .of the legislature of this state, which is as follows: That it does appear to your committee that the affairs of the Plan- ter's Bank have be'eu ably managed, and that the exhibit shews the hank not only to be solvent, but in a very prosperous condition. They consider the policy which has been adopted by the State Bank as & jgttod and sound one, and they believe that the institution under its present management, merits the full confidence of the state. They would however observe that this Bank and the Planters' Batik have failed to comply with that part of the resolution of the 22d Decern1 ber 18£3, which requires that an exhibit of the names of the parties,, makers and endorsers of bad paper, be annually made to his exceilen- cy the governor. The requirements of the resolution ailuded to, have been fully complied with by the Darien Bank. Your committee are of opinion; that with proper management this institution will be enabled to sits* tain her credit, and to exhibit a wholesome and sound condition. They have examined the exhibit of the Augusta Bank, ami take much pleasure in stating that said exhibit presents a very sound arid prosperous state of the affairs of said bank, and fully complies with the requisitions of the resolution of the last legislature. Your committee would recommend to the legislature the appoint- snent of a committee with power to examine into ihe affairs of the dtf- ferenfc banks in which the state is a stockholder, to report to the next legislature. They would aiso'recortimend the repeal of so much of the resolu? tion of 1823 as requires the names of individuals whose debts may be considered as bad or doubtful. Which was read and concurred in. The senate adjourned until half past 8 o'clock, P. M. .. The senate took up and Concurred in the resolution of the house bf Representatives, appropriating the sum of jg400 to Joseph V. Bevan, for the purpose of collecting, arranging and publishing all papers re- Jating to thwpolitical history oftbis state. The senate concurred in the resolution of the house, requesting the directors of the Darien Bank to make such arrangement for the iccomraodation of those persons who at e indebted to the Bank of Da- [■ten oa notes which have been discounted at the branch at Marion, as may not be inconsistent with the interest of said bank. The senate took up the report of the joint committee on banks from the house of representatives, which was read as follows : The joint committee on banks to whom was referred the communi- cation of the governor relative to the charges of Allen B. Powell, esq» against the directors of the Bank of Daiien, report— That they have examined the said communication and accompany- ing documents, and are of opinion that the interests of the state as a stockholder in the said bank do not requite that tne same should be made the subject of legislative investigation. They are the more willing to avoid at this time, an investigation under the charges made by mr. Poo ell, as they intend to recommend the appointment of & committee to examine into the condition of this and other banks, and report to the next legislature. As this committee in their examina- tion, must necessarily turn their attention to those points on which the charges are founded, the joint committee beg leave to recommend the following resolution: Resolved, That the committee on banks be discharged* from the further consideration of the communication of his excellency the go- vernor, relative to the charges of Allen B. Powell, psq. against the Bank of Darien, and that the parties have leave to withdraw their re* spective papers. And on motion to concur therein, it was determined in the affirms- live. The yeas and nays being required, are—yeas 43, nays 8. Those who voted in the affirmative, are Messrs. . Allen Gilmer Montgomery Baker Gilmore Powers Beali GtO-M'S Prince Blackshear H' < dee Sheffield Biackstune Holt Spann Brown of Decatur Jones Stocks Brown of Hancock Li t ile Stokes Cleveland Lockhart Taji-jr Coffee Manghnm 'Tennille Couk. McCrim-i.ori Tismor Crawford McKinne V- Sker Davie s MiU-.r Vv' urebrad- Gamble MiioltJi. \\ ifob-Hy- Gibson. Mf-L - \4 t,OU'R 265 Swain Worthy A message was brought from his excellency the governor by his s£» cretary mr. Pit rce, informing the senate that his excellency the go- vernor had assented to and signed, An act to alter and fix the time of holding the superior courts bf the counties of Baldwin and Wilkes, and the superior and inferior courts of the counties of Elbert and Madison. And ah act to form and lay out a new county taken from Craw- ford and Pike. The senate took up the resolution of the house of representatives, requesting the governor after the first day of June next to send some competent surveyor to ascertain whether certain districts in Irwin and Habersham had been correctly surveyed. Which was read, amended and disagreed to. The following message was brought from the house of represen- tatives by mr. Dawson, their clerk. Mr. President, The house ot representatives have agreed to the amendments made by senate to the bills of the house, following, to-wit: The bill to prescribe the mode of choosing electors of president and vice president of the United States to which this state is entitled by the constitution of the United States. The bill to raise a tax for the support of government for the year 1825j and The bill for the further sale of lots in the town of Macon. They have concurred in (he resolution of senate in favor ot Wm. Favour. In the resolution relative to the frequency of visits to the peniten- tiary. In the report of the joint committee"on agriculture and internal im- provement, relative to the cutting of a canal from the Altamaha river to Brunswick. In the report of the same committee relative to the expediency ot, cutting a canal from the Altamaha to Sapelo river. In the resolution authorising the secretary of the senate to employ an additional engrossing clerk. In the report of the joint committee on,finance, on the petition of John Pugsley^ And in the report of the joint committee on public education and tree Schools, relative to the ceunty academies of this state, &c- The house of representatives have passed the following bill. Those who voted in the negative, are , Messrs. , Bozcman Phillips Burney Sellers Johnson 34 266 A bill to be entitled an act to create a board of public works, ami to provide for the commencement of a system ot internal improve- merit. To which they respectfully request the early attention of the sen- ate, The senate took up the message, and the bill therein contained wa read the first time, and also the bill in the message of yesterday. The senate took up the report of the committee on the petition of Charles J, McDonald, solicitor general of the Flint circuit, from the house of representatives, which was read and amended by inserting " and also the aoiichors-general of the Western and Southern cir- cpits," and on the question to concur therein as amended, it was de- termined in the negative. The yeas and nays being required, are—yeas 19, nays 20. Those who voted in the affirmative, are Messrs. Biackstone Lock I art Strawn Bozeuan Maugham Swain Burney Mitchell Tennille Cleveland Phillips Wellborn Gamble Spann "Whitehead Gitutr Stocks "Wooten Holt Those who voted in the negative, are Messrs. Alien Baker Blackshear Brown of Decatur Cook Gibson Gilmore Groves Ilaidee Little McCrimmon Miller Mobley Montgomery Prince Stokes Taylor Tignor k Wimberly Worthy The senate took up the report from the joint military committee from the house of representatives, and on motion to. strike out " one hundred dollars," proposed to be appropriated for compensating the military store keeper for his increased labor in discharging the duties of his office, it was determined in the negative. The yeas and nays being required, are—yeas 14, nays 28. Those who voted in the affirmative, are Messrs. Allen Gilmer ' Montgomery Blackshear Gilmore Prince Cook Holt Stokes Crawford Li? tie t Taylor Gibson McCrimmon Those who voted in the negative, are Messrs. OflFee Gamble Blackstone Bozeman B own of Decatur Brown of Hancock Burney Cleveland Baker Beall McKinne Mitchell Mnbley Sellers Spann Groves Hardee Johnson Maogham Stocks Strawn Swain Tennille Wellborn Whitehead Wimherlv Wooten Worthy And the same being read was concurred in. The senate concurred in the resolution of the house of ropresenta- tives in favor of James Lassiter, a revolutionary soldier. The senate took up and agreed to a resolution requesting the go- vernor to have made such alterations in the seats of the president and secretary of senate, &c. as may make them correspond with the general appearance of the hall. The resolution authorising the president of senate to appoint mes- sengers to serve subpoenas, notices or processes that may be neces- sary in the progress of the impeachment now befofe senate, was read and agreed to. Mr. Gamble laid on the table the following resolution : Resolved, That both branches of the legislature will adjourn sine die on Saturday next. The bill to extend the corporate limits of the city of Savannah and the hamlets thereof, was ordered for a second reading in June next. The bill to regulate the weighing and storage of cotton in the city of Savannah, and to appoint a public weigher tor the same. The bill for the relief of Levi Reynolds ; and The bill for the relief of certain tax collectors. Were read the second time and ordered for committee in Junenext. The bill to authorise Ebenczer Jencks to construct a canal from the Ogeechee to the Savannah river, and to vest in him and his represen- tatives the proprietary interest thereof for the term of sixty years. Was read the second time and ordered for committee cf the whole. The senate adjourned until to morrow morning half past 9 o'clock. FRIDAY, 17 th December, 18%, ,0a motion of mr. Holt, to reconsider so much of the journal of yesterday as relates to then, agreement of senate to the report of the joint judiciary commit tea on the subject of the Afiicans now in possession of the state, it wgy determined in the negative. And the yeas and nays being required are—yeas 19> nays 2.8, Those who voted in the affirmative are Messrs. Allen Bozeman Brown of Decatur Cleveland Coffee Crawford Gamble Hardee Holt Johnson McKinne Montgomery Powers Strawri Tennille Walker Wellborn "VVirnbcriy Worthy Those who voted in the negative are Messrs. Baker Little Sellers Beall Lockheart Spann Black shear Maugham Stocks Blackstone McCrimmon Stokes Brown of Hancock Miller Swain Davies Mitchell Taylor Gibson Mqbley Tignor Gil more Phillips Whitehead Groves Prince Wooten Jones On motion of mr. Mangham, To reconsider so much of the journal of yesterday as related to that part of the report of the penitentiary committee as far as res- pects the salary of the physician thereof, it was determined in the- negative. On motion of mr. Stocks, To reconsider so much of the journal of yesterday as related to the rejection of the report on the petition of C. J. AJcOonald j soli- citor general of the Flint circuit, it was determined in the negative. ' S The yeas and nays being required, are-—yeas 22, nays 27. Those who voted in the affirmative are Messrs. s , Blackstone . Clevel n 1 ; Gamble Bozeman Coffee Gilmer Burney Davies Johnson 26'1| iifickhsu t Mangiuvn JMcKinne Mitchell Phi i lips rfpann Stocks Sfraw.i Swain Teuiiilie Walker Well horn Wootcn ' Those who voted in the negative are Messrs. Blackshear Brown of Decatur , Brown ot Hancock Cook Crawford Gibsin Allen Baker Bcall Giimore Groves Holt Jones Little McCriramoa Miller Mob ley Montgomery Powers Prince Sheffield Stokes Taylor Tignor Whitehead Wimberiy W or thy From the county of Hall came the hen. Richard Wynn, and hav- , ing produced his credentials, the oath required by the constitution of this state was administered by the horn Alien 13. Powell president of tire senate. He then took his seat. The following communication was received from Governor Troup, by his secretary, mr. Pierce. .is a reasonable expectation ought to be indulged that the treaty pov holding with the Creeks after the negotiation has been thus far protracted will terminate in a further Requisition of territory. I te* commend to you before your adjournment to pass a provisional re so- lution requiring the governor to convene the legislature and at such season as may bast comport with your convenience. On motion of rnr. Swain, Resolved, That both branches of the general assembly will ad- jparn on the 19th instant, sine die. Which was "ordered to lie on the table. Brown of Hancock from the joint committee on finance to whom was referred the communication between his excellency the Governor and Charles Harris, Esq. late commissioner of fortifications at Savannah, reported— That they have had the same tinder consideration and after an ex- animation of the accounts, your committee would recommend the adoption of the following resolution. dissolved, That the vouchers Nos. 1, to 14, inclusive, presented to the committee by his excellency the Governor, from Chides iiartis, Executive Department, Georgia, £ MilledgevUlef 17tit Dec,. 18 24. \ Signed G. M, TROUP. 270 Esq. late commissioner of fortifications at Savannah, amounting iu the aggregate to $2,099 12» cents, be received as satisfactory and placed to the credit of said commissioner. And be it further resolved, That the sum of g579 02, be placed in the appropriation law subject to the order of Daniel Gugle in foil of his account with the commissioners of fortifications of Savannah, and the sum of §251 to John Haupt for services rendered the com- missioners as desk for the year 1817. And be it further resolved, That his excellency be requested to take such measures as he may deem most expedient to adjust and close the accounts between Georgia and the United States on the subject of fortifications. Which was read and agreed to. On motion of mr. Brown of Hancock, Resolved, That the joint committee on finance be discharged from the further consideration of matters appertaining to their appoint- ment. Mr. Gamble called up the resolution of yesterday, having for its object the adjournment of both branches of the legislature sine die, on S-irurday rhe 18th instant. Which was read and agreed to. Ordered that the secretary do carry said resolution to the house of representatives for their concurrence. The senate took up the report of the committee on finance which being amended was ageeed to. Mr. Prince laid on the table the following resolution. Itesolved by the Senate and House of Representatives of the Staxe of Georgia, That if by the pending treaty with the Creek nation of Indians, a further cession of territory should be obtained, and if such territory in its extent location and quality should when taken in con- necdoa with any other matters which may clain the attention of the legislature render an extra session expedient, his excellency the gov- cinor is requested to convoke both branches of the general assembly at such time in the ensuing political year as he may deem most proper. On motion of mr. Stocks, Resolved, That the lion. Simon Holt, James Bozeman and Roger Melvione be and they are hereby appointed a committee to adjust the accounts of the members and officers of the senate and to see the unfinished business brought up, and that the secretary of seriate and his assistants be allowed the sum, ot six dollars each for three days to complete their unfinished business, and the committee the sum of four dollars each per day for the like period, and that the said sums be placed in the president's warrants. bit*. Prince from the committee appointed to examine and report upon the papers of the senate that wete in the custody of the pre- duressors of the present secretary,, reported-— 27 i That the papers referred to are in a very confused state and re- quire f-> cs tiled and arranged. They therefore recommend the adop- tion of trie following resolution. Unsolved, - hat the secretary of the senate be and he is here, y directed to arrange in proper files the said papers, and have them placed in cases suitable for convenient reference, and for their future preservation. Which was read and agreed to. The following bills were read the second time, and ordered for a thiiM reading : A bill to authorise the governor to appoint commissioners to con- tract fur the building of a bridge across the Ocmulgee rivqr at Macon and for other purposes. To change the name of Henry Hill. To amend the road laws of this state so far as relates to the county of Baldwin. To apportion the representatives among the several counties in this state according to the fifth enumeration or census. fo authori&e the justices of the inferior court of either county to build bridges 6ver water courses dividing counties. To amend an act entitled an act to amend the several acts estab- iisrimg mayor'^s court in the ci-y of Augusta, &c. For toe relief of Lovick Pierce of Greene county and other pur- chasers of University lands. To vest in the inferior courts of the several counties of this state the exclusive .right to appoint notaries public. The bill to b^ entitled an act to amend and explain the fifth section of an act passed the 22d December, 1823,-entitled an act to alter 'and amend an act passed 23d December, 1822, to distribute the bank dividend and oilier nett proceeds of the poor school fund amongst the different counties in this stale, was read 2d time and ordered lor committee in Jqne next. The yeas and nays being required thereon are—yeas 30 nays 17. Those who voted in the affirmative ace Messrs. Allen Beall * Biackshear Biackstona Brown of Decatur Brown of Hancock Cook Crawford Gamble Gilmer Powers Prince Sellers Sheffield Spann Stocks Imckheart Maogluim McCrimmon Montgomery Tenniile Tignor Stokes Taylor Walker White head Wimberly Wooten Worthy Wynn Those who voted la the negative are Messrs. Bozeman Cleveland Coffee Davies Gibson Burney Grove®' Holt Johnson Jones Little Mitchell Mobley Phillips 5 tram. Swain Wellborn The bill to alter and amend an act entitled an act to make perma- iient the site of the public buildings in the county of Monroe at For- syth and to incorporate the same, passed the tOlh day of December, 1823 The bill to regulate the fees of clerks of the courts of ordinary in certain cases,—and The bill to create a board of public works and to provide for the commencement Of a system of internal impiovement, Were read the second time and ordered for committee of the whole.. The senate resolved itself into committee of the whole on the bill to extend the time of renewing certain audited certificates and to permit the renewal of certain treasurer's certificates therein named, mr. Daviesin the chair; the president resumed the chair, and rnr. Davies reported the bill with amendment. The senate took up and agreed tothe report. The bill read the third time— ! And on the question " Shall this bill now pass r" it wits determined in the affirmative. The yeas and nays being required, are—yeas 31, nays 18. Those who voted in the affirmative are Messrs. Baker Blackshear Bozeman Brown of Decatur Coffee Crawford Da vies Gamble Gibsoti Gilmer Gil more Groves Hardee Holt Johnson Little Lockhart - Manghaia McOhmnon Phillips Those who voted in the negative are Messrs. Allen Bcall Blackstone Brown of Hancock Burney Cleveland Cook Jones Mitchell Mobley Montgomery Powers Prince Sheffield Stocks i Stokes Strawn Swain , Taylor Tignor; Walker Whitehead Worthy Sellers Tenriille W ellborn Wimberly Wooten Wynn Ordered that the secretary do carry said bill to the house. The senate resolved itself into committee of the whole on the bilk defining the duties of officers and plaintiffs in collecting money, and pointing nut the mode of trial of disputes arising therefrom, mr. 273 Powers in tne chair; the president resumed the chair, and mr. Pow- e*s reported the bill without amendment. Ordered, that said report lie on the table the balance of the si on The following message from the house of representatives by -mr. Dawsdn theitr clerk. Mr. President, The house of representatives have passed the following bills bf senate, to wit: A bill to incorporate the female academy at Harmony Grove in Jackson county. A bill to authorise Abner Vesey to establish i ferry across the Ocmulgee river. , A bill to amend an act for the better regulation and government of the town of Elberton; A bill to vest the poor school fund of the county of Chatham in the Savannah free school society, and the poor school fund of the county of Effingham in the justices of the inferior court of said cOunty. A bill to change the time of holding the inferior courts in the county of Jasper. A bill to repeal an act to alter and change the site of the public buildings in the county of Dooly, passed the 10th of December, 1823, and to appoint other commissioners to fix on a site for the public buildings of said county in room of those heretofore appointed. A bill more particularly to define the qualification of Voters for at- dermen of the city of Savannah. A bill to amend the law prohibiting slaves from selling certain ar* tides without licence. A bill to incorporate the Savannah St. Andrews Society. A bill to change the time of holding the superior court ih the coun* iy of Burke, so far as relates to the spring term of said court. A bill to repeal an act entitled an act to regulate the intercourse between the banks incorporated by the General Assembly of the state of Georgia and the Bank of the United States and the branches thereof, so far as regards the demands which may b& made for specie by the latter upon the former, &c. A bill authorising George A.. Brown tb keep a ferry across thfc Ocmulgee river near the Long Shoals, on his own land. A bill to authorise the inferior Court of Monroe county to' make and convey tides to certain lots or parts ot lots in the town of For- syth to the Baptist and other religious societies. A bill to repeal an act to compel the clerks of the superior courts to keep their offices at the court house of their respective counties, or within one mile thereof, so far as respects the county of Decatur. A bill to prohibit the judges of the superior courts in this State front practising as attornies proctors or solicitors in the district or circuit courts of the United States for the district of Georgia* A bill to establish and the name of the academy at Carnesville in the county of Franklin and to incorporate theHrustees thereof. - A bill to repeal all laws and parts of laws which authorise ty* selling into slavery of free persons Of colour Ben. 35 £74 A bill to alter so much cf an act entitled an act to regulate the. general elections of this state and to appoint the time of the meeting of the general assemby of this state, so far as the same re- quires one of the elections in the oounty of Gwinnett to be held at the house of William Terry. A bill to compel persons holding academy funds unaccounted fotf to pay interest in certain cases. A bill to legalise the acts of deputy clerks of the superior and in- ferior courts and courts of ordinary under the age of 21 years. A bill to authorise the trustees and commissioners of Emuaudl county academy to establish free schools in said county. A bill to authorise William Smith to erect a bridge across the Beaverdam creek in the county of Scriven on the road leading from Savannah to Augusta. A bill explanatory of an act for laying out a town on the Ocmul- gee river and for other purposes, passed the 23d December 1822. A bill to secure to Stephen Pierce the sole and exclusive right of running a line of stage carriages between the cities of Savannah and Augusta for the term of ten years. A bill to discharge females from the performance of patrol duty. A bill to authorise Daniel R. W. McRae to plead and practice as an attorney and solicitor in the several courts of law and equity in this state, with amendments ; A bill to establish and regulate district elections in the county ojT jLibetiy, and to remove the battalion and regimental parade grounu, \7nh amendments; 'and A bid to relieve the inhabitants of Little Satilla or Hardee's neck in the county of Camden from working or performing road duty on the post road, and to appoint commissioners for the same, also to com- pel all persons within said limit to work on the same, with amend- ments^ They have agreed to a resolution in favor of Henry L. Jones,, late fix collector of Baldwin connty. To which they desire concurrence. They have disagreed to the report of the joint committee on finance, on the subject of the Alapaha road, and directed me to deliver to sen- Ate all the papers and documents on that subject. The senate resolved itself into committee of the whole on- the bill to authorise William Garner to build a dam on the Chatahoochie ri- $er and cut a canal from the same, mr. Taylor in the chair. The pre- sident resumed the chait, and mr. Taylor reported the bill with amend- ment. The senate took up and agreed to the report. I'he caption being amended,—• The bill was read the third time, and passed under the title of a btyl to authorise W illiam Garner to build a dam on the Chatahoochie ri'- ver, adjoining his own land, for the purpose of erecting a mill. $be yeas and nays'being required thereon, are—yeas 31, nays 17. Th ose who voted in the affirmative, are Messrs. ■Baker Groves Spacn Beall Holt Stocks filackshear Mangham Straws Blackstone McCrimmon Swain Bozeman McKinne Tennille Brown of Decatur Mobley Walker Burney Montgomery Wellborn Cleveland Phillips Whitehead Davies Sellers Wooten Gilmer Sheffield Worthy Those who voted in the negative, are Messrs. Allen Brown of Hancock Cook Crawford Gamble Gib3on Gilmore Jones Little Lockhart Mitchell Powers Prince Stokes Taylor Tignor Wimberly The senate resolved itself into committee of the whole, on the bill to appropropriate monies for the political year 1825, mr. Lockhart in the chair. The president resumed the chair, and mr. Lockhart rg- ported the bill with amendment, Ordered, that said report lie on the table. A message from the governor by mr. Pierce his secretary. Executive Department, Georgia, Milledgeville, 17th Dec. 1824. S transmit to the legislature an executive order passed this day in relation to certain grants withheld from the state by John Loving, Samuel Jackson and Fleming F. Adrian, its execution and the report thereon of the secretary of state and surveyor-general. These papers are deposited in the office of the secretary of state for safe keeping,. Subject to the order of the legislature or either branch of it. Signed* G.M. TROUP. Which, together with its accompanying documents, were read and ordered to lie on the table. T|ie senate then adjourned until 3 o'clock P. M. of this daf . l ' 8 o'clock, P. Mi The senate met pursuant to adjournment. Mr. Prince called up the resolution of this morning, which was, read, amended, agreed to, and is as follows: Resolved by the Senate and House of Representatives of the State of Georgia, That if by the pending treaty with the Creek Nation of Indians, a further cession of territory should be obtained, and if such territory in its extent, location and quality should, when taken in connection with any othermatters which may claim the attention of the legislature, render an extra session expedient, his excellency the governor is requested to convoke both branches of the General As- sembly, to meet on the first Monday in May next. Mr. Holt from the committee appointed to examine the engrossed journals of senate, reported— That they have examined the ssme up to the 13th instant, and find them engrossed in a style of neatness and correctness which reflect Credit on the engrossing clerk, mr. Michael J. Kenan. Which was read and agreed to. The senate having postponed further legislative business, The president took the tribunal seat; and The high court of impeachment was opened by proclamation.. The managers and parties having retired,' The President resumed the presidential chair; and The senate adjourned until to-morrow morning 10 o'clock* £)n motion of mr. Prince, To reconsider so much of the jourual of yesterday as.related to the ordering of the bijl to apportion the representatives among the several counties in this state, according to the fifth census, for a thittS SJlTUUliJIY, nth December, 1824: Which was determined in the negative. %r* The senate took up the message of the house of representatives of yesterday and disagreed to the amendments proposed to the bill to relieve the inhabitants of Little Satiila or Hardee's Neck, in the county of Camden from working or performing road duty on the post road, and to appoint commissioners for the sarne, &c. The resolution in favor of Henry L. Jones, late tax collector of Baldwin county, was read and concurred in. The amendments by the house of representatives to the bill to authorise D. R. YV. McRae to plerd and practice-as an attorney and solicitor in the several courts of law and equity in this state, were read and concurred in. The senate took up and concurred in the amendments proposed by the house of representatives to the bill to regulate the holding ofdis- trict elections in the county of Liberty, and to change the battalion and regimental parade ground. A message was received from the house of representatives by mr. Dawson, their clerk. Mr. President, The house of representatives have passed the following bills of senate, to wit: A bill to fix the times of holding the superior and inferior courts of the Flint circuit. And a bill to organise the counties of Appling, Ware, Pike and Up- son, arid to authorise the Justicrs of the inferior courts of said coun- ties to select public sites for said counties, and for other purposes, with an amendment. The senate took up the message and concurred in the amendment made by the house of representatives to the bill to organise the coun- ties of Appling, Ware, Pike and Upson, &c. A message was received from the house of representatives by mr. Dawson, their clerk. Mr. President, Thehoaseof representatives have agreed to the amendments of senate to the bill to be entitled an act to authorise William Garner to build a dam on. the Chatahoochie. They adhere to their amendments to the bill of senate to relieve the inhabitants of the Little Satiila or Hardee's Neck, &c. They have concurred in* the report of the committee on the peti- tion of Thomas Mitchell, surveyor general. In the report of the joint judiciary committee relative to the Afri- sang. In the report relative to the commissioners of fortifications at Sa- yannah. In the report on the petition ofEmanuel Womber/.ee. 278* In the resolution relative to certain alterations being made in the senate chamber. In the report of the joint committee on finance. In the resolution relative to a called session, with an amendment by way of substitute. In the report of the joint penitentiary committee. They have agreed to the report of the joint committee on finance, relative to Adam G. Saffold late solicitor-general of the Ocmulgee circuit, and respectfully request the immediate attention of senate to this report, and desire their concurrence. The senate took up the message and the amendments made by the house of representatives to the bill of senate to relieve the inhabitants of Little Satiila or Hardee's Neck from working on the post road, &c. were read; and On motion, Resolved, That the senate do disagree to all of said amendments ond adhere to their original bill, and request a committee ot confer- rence. Ordered, that messrs, Hardee, Baker and Davies he that commit- tee. The amendment made by the house of representatives to the reso- lution of senate relative to a called session of the legislature, was read and concurrod in. The report of the committee of finace relative to the accounts of Adam G. Saffold, late solicitor-general of the Ocmulgee circuit, was taken up, read, and °o motion to concur therein, it was determined in the negatives ' ' The yeas and nays being required, are-—yeas 14, nays ^4. Those who voted in the affirmative, are Messrs. Allen Cook Taylor Beall Jones Tennillc Bozeman McKinne Walker Brown of Hancock Mitchell Wimberly Coffee Stocks 1 Those wljp voted in the negative are Messrs. Baker Gilmore Prince Biackshear Groves Stokes Blackstone Hardee Strawn Brown of Decatut Holt Swain Cleveland Little Tignor Crawford Lockhart Whitehead Davies Miller Wooten Gamble Montgomery Wyniv Gilmer Phillips £79 The following bills were read the third time and passed. A bill to apportion the representatives among the several counties m this state, according to the fifth enumeration or census. A bill to change the name of Henry Hill. A bill to authorise the justices of th| inferior court of either coun- ty to build bridges over water courses dividing counties. A bill to amend the several acts establishing a mayor's court in the city of Augusta, and alse the several laws incorporating the same. A bill for the relief of Lovick Pierce of Greene county, and oth^f purchasers of University lands. A bill to vest in the inferior court of the several counties of th&» state the exclusive right to appoint notaries public. A bill to amend the road laws of this state, so far as relates to the county of Baldwin. The bill to authorise his excellency the governor to appoint coramis-. sioners to contract for the building a bridge across the Ocmulgee ri ver at Macon and for other purposes, was read the third time. And on the question,' Shall this bill now pass ?' it was determined iff the affirmative. And the yeas and nays being required are—yeas 35, nays Those who voted in the affirmative, are Messrs. Baker Gilmer Sellers Blackshear Groves ' Spann Blackstone Holt Stocks Brotvn of Decatur Johnson Swain Brown of Hancock Lamkia Tennille Burney' Little ■ Tignor Cleveland Locktfert Walker Coffee McKinne Wellborn Cook Mitchell Whitehead Davies Phillips Wirnberly Gamble Powers Wooten Gibson Prince Those w&o voted in the negative, ajfe Messrs. Allen Crawford Montgomery Beail Gilmore Taylor Bozeman Jones Wynn The senate resolved itself into committee of the whole on the bill to alter and amend an act more effectually to define the duties of the adjutant-general, division and brigade inspectors, and to regulate their pay,&c. passed 17th December 1823, mr. Bozeman in the chair. The president resumed the chair, and mr. Bozeraan'reportcd the bill with amendments The senate took up and agreed to the report The bill was read the third time— 280 And passed under the title of a bill "to extend the time hereto- i^re allowed by law for division and brigade inspectors to perforin their military duties." The senate resolved itself into committee .of the whole on the bill to amend the third section of an act entitled an act pointing out the duty of sheriffs in selling lands under execution, passed the 22d day Ot December, 1808, mr, Cleveland in the chair. The president resumed the chair, and mr- Cleveland repotted the bill with amend- merit. „ Oh motion to lay it on the table the balance of the session it was determined in the negative. The yeas and nays being required are—yeas 19, nays 23. Those who voted in the affirmative, are Messrs. Allen Blackshear Brown of Hancock Cook Crawford Gamble Gibson Holt Jones Lockharfc McCrimmon Montgomery Powers Those who voted in the negative, are> Messrs. Baker Beaii Blackstone Bozeman Brown of Decatur Eurney Cleveland Coffee Davies Giimer Groves Hardee Johnson Little McKinne Mitchell Prince Stokes Taylor Tignor Whitehead Wimberlv Phillips Stocks Strawn Tennille Walker Wooten Wynn The report being taken up was agreed to. The bill read the third time— And on the question ' Shall tSsis bill now pass P it was dqterraijj«d iJMhe affirmative. The yeas and nays being required, are yeas 24, nays is< Those who voted in the affirmative, are Messrs.. Baker Giimer Montgomery Beall Groves Phillips Blackstone* Hardee Stocks Bozeman - Johnson Strawn B arney . Lam kin Teanille Cleveland Little Walker Coffee McKir.ne Wooten Davies Mitchell Wynn 281 Those who voted in the negative, are Messrs. Allen Gibson Prince Blackshear Holt Stokes Brown of Decatur Jones Taylor Brown of Hancock Lockhart Tignor Cook McCrimmon Whitehead Crawford Powers Wimberly Gamble The senate resolved itself into committee of the whole on the bill to authorise Ebenezer Jencks to construct a canal from.the Ogeechee to the Savannah river, &c. mr. Brown of Hancock in the chair. The president resumed the chair, and mr. Brown reported the bill with, amendments. The senate took up and agreed to the report. The bill was read the third time—. . . . i And on the question * Shall this bill now pass ?' it was determin- eSd in the affirmative. The yeas and nays being required, are yeas 32, nays 13'. Strawn Taylor . Tennille Tignor Walker Wellborn , Whitehead "Wimberly Wooten Worthy Montgomery Stocks Swain "Wynn The senate took up the report from the house of representative^ of the committee on agriculture and internal improvement, on the subject of the road from the Alapaha to the Florida line) which was read, amended and concurred in. . . » ■ ' - • ■ ■ ■ > • r ) • ^. The senate resolved itself into committee of the whole On the .bill to create a board of public works, and to provide for the commence ment of a system of internal improvements, mr. Tignor in the.chaiiC The president resumed the chair, and mr. Tignor reported that they had the same under consideration, and disagreed thereto., HEX. dfy ■ ' " - Those who voted in the affirmative, arc . Messrs. Alien Gamble Baker Gibson Be all Gilmer Biackstone Groves Boieman. Johnson Brown of Decatur Lamkin Burney McKinhe Cleveland Phillips Colfee powers . Cook Prince Davics Stokes Those who voted in the negative, are . Messrs. Blackshear Jones Brown of Hancock Lockhart Crawford McCrimmon Gilmorc Mitchell Holt •282 The senate took up the report, and on motion to disagree thereto, it was determined in the nogative. The yeas and nays being required, are—yeas 15, nays 28.> Those who voted in the affirmative are Messrs. Allen Da vies Stokes Baker Hardee Walker Blackshear Holt Wellborn Bozemun Prince Whitehead Burney Stocks , "Wynn Those who voted in the negative are F Messrs. Beall , Groves Phillips Blackstone Johnson Spann Browu of Decatur Jones Strawn Brown of Hancock Lamkin Swain Cleveland Little Taylor Cook Lockhart Tennilie Crawford McKinne Tiguor Gamble Miller VV imberly Gilmer Mitchell Wooten Gilmore The senate resolved itself into committee of the whole on the bill to regulate the fees of the clerks of the courts of ordinary in certain cases, mr. Gamble iii the chair. Tlie president resumed the chair, and mr. Gamble reported the bill without amendment. The senate took up and agreed to the report; and The bill was read tire third time arid passed. i The senate resolved itself into committee of the whole on the bill aPer and amend an act entitled an act to make permanent- the site Powell for the firm inde- pendent and (dole maimer in which lie lias discharged tile duties of president of this branch of the general assembly. On motion of mr. Cleveland, Resolved, That his excellency the governor be and he is hereby authorised to instruct the sheriff of Habersham county to rent for the year 1825 any improved part or parts of fractional surveys that have not been drawn or sold agreeable to the laws on that subject. Jlnd be it farther resolved, That on on any persons renting such fraction he shall .give note with approved security on twelve months credit, made payable to his excellency the governor, the sheriff re- faining live per centum for his services, and he is further ordered to transmit the notes so taken to the comptroller general's office; Which was read and agreed to. "Ffed senate adjourned until 9 o'clock, P. Mv. A ins o*clock} P.«/!/. The senate met pursuant to adjournment. Mr Stokes 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 authorise the justices of the inferior court of eithe'r county to build bridges over watercourses dividing counties. An act to apportion the representatives among the several counties in this state according to the fifth enumeration, in conformity to the seventh section of the first article of the constitution. An act for the relief of Lovick Pierce of Greene county and other purchasers of University lands. An act to appropriate monies for the support of government during the political year, 1825. An act to amend an act entitled an act to amend the several acts establishing a mayor's court in the ciry i f Augusta, and also these' veral laws incorporating said city. 286 An act to change the name of H«nry IIill. An act to alter and amend an act entitled an act to make permanent the site of the public buildings in the county of Monroe at Forsyth, and to incorporate the same, passed the 10t h day of Dec. 1823. An act to vest in the. inferior courts of the several counties of this state the exclusive right to appoint notaries public. An act to authorise Win. Garner to build a dam on the Chatalmochie fiver adjoining his own land for the purpose of erecting a mill. An act to authorise Ebenezer Jenks to construct a canal from the Ogeechee to the Savannah river, and to vest in hirn and his represen- tatives the proprietary interest thereof for the term of sixty years. < An act to amend the road laws of this state so far as relates to the county of Baldwin. An act to regulate the fees of clerks of the courts of ordinary in certain case?. * An act to amend the third section of an act entitled an act point- ing out the duty of sheriffs in selling lands under execution, passed 22d day of December, 1808. An act to, extend the time heretofore allowed by law for division and brigade inspectors to perform their military services. An act to authorise the governor to appoint commissioners to con" tract for the building of a bridge across the Ocmulgee river at Macon and for other purposes. An act explanatory of an act for laying out a town on the Ocmul- gee river, and for other purposes, passed 23d Dec. 1822. An act to repeal an act entitled an act to regulate the intercourse between the banks incorporated by the general assembly of the state of Georgia and the bank of the United States and the branches there- of, so far as regards the demands which may be made for specie by tiie latter upon the former, &c. An act to vest the poor school fund of the county of Chatham in the Savannah free school society, and the poor school fund of the county of Effingham in the justices of the inferior court of that county. An act to legalizes the acts of deputy clerks of the superior and inferior courts atid courts of ordinary under the age of twenty one years. An act to incorporate the female academy at Harmony Grove in Jackson county. An act to authorise Wot. Smith to erect a bridge across the Beaver-" dam creek in the county of Striven on the road leading from Savan- nah to Augusta. An act to amend an act entitled an act for the better regulation and government of the town of Elberton. An act to incorporate the Savannah St. Andrew's Society. An act to establish and fix the name of the academy at CarnesviHe in the county of Franklin, and to incorporate the trustees thereof. An act to discharge females from the performance of patrol duty. An act to repeal an act entitled an act to compel the clerks of the superior courts to keep their offices at the court house of their res- pective counties, or within one mile thereof, so far as respects the county of Decatur. 28? An act to repeal an act entitled an act to repeal an act alter and change the' site of public buildings in the county of Dooly, passed 10th day of December, 1823, and to appoint other commissioners to fix pa the site /i»r..the public buildings of said county in the rtlom of those heretofore appointed. I An.act to establish a ferry on the Ocmulgee river at or near a place called Piney Island in the twelfth district!;; Houston county.' An act to compel persons holding academy funds in their hsncls to pay interest in certain cases. " . An act to,authorise Daniel R. W. McRae, Richard K, Hihc'/J'ohn S. Lewis, Thomas Beatl, Lucius L. Whittich, PeterAi-Earfy, Albert Y. Gresham, Iverson L.Harris, 'lines ilolt, and Lesley rhomoson, to pleat! and practice as attornies and solicitors in the several courts .•of -lawand.equity in this state. An actto.ohauge the time of holding'-the superior court in thj coun'v fry of Burke, so far as relates to the spring cenii of said court An act to change the time of holding the interior court! in the county of Jasper. J An act to prohibit the judges of the superior courts in .this state from practising as attornies in the district and circuit court! for the district of "Georgia. j An act to establish and regulate district elections in the County of Liberty. . j An act to secure to Stephen Pierce, the sole and exclusive right of running a line of stage carriages between the cities of Savannah arid Augusta for the term of ten years. An act more particularly to define the qualifications of loters for aldermen of the city of Savannah. An act to authorise the trustees and commissioners of Eman-uei county academy to establish free schools in said county. An act to alter so much of an act entitled an act to regulafr: the gen? eral elections of this state and to appoint the time of the nee ting of the General Assembly of this state, so far as the same requi es one of the elections in the county of Gwinnett to be held at the house of VVt* Terry. 1 An act to amend the laws prohibiting slaves from sellim certain articles without licence. . V An act to fix the times of holding the superior and inferior courts of the Flint circuit. \ An act to authorise the inferior court of Monroe county ti make and convey titles to certain lots or parts of lots in the town cf For- syth, lo the Baptist and other religious societies. An act to repeal all laws and parts of laws which authorise the selling into slavery of free persons of color j An act to organize tho counties of Appling, Ware, Pike and Up* son and to authorize the justices of the inferior courts of-saidcoun% ties to select public sites for said counties and for other purposes. And an act to authorize George \. Brown to keep a ferrv across the Ocmuigee river near the Long Shoals on his own land. Ordered that the committee on enrollment do carry said acts to-h excellency the governor for his-assent. On motion of tor. Gamble, Resolved, Th,at in future when the attorney generai or an) solicitor- general shall make application to the legislature for commissi smt, fojr money collected or compensation for any service rendered the state. they shall specially set forth from what persons the money has been collected, and what trouble they have been ac, and what Labor they have lestowed in arid about the said collections or services for which fjiey charge, in order that the legislature may have such information as wi In exam 1 enable them to do justice both to said officers and the state. A pessage from the house of representatives by rar. Dawson their clerk informing the senate that the house had concurred in the rose- iutior of senate authorising the renting of certain fractions hi Ha- berham county,—and he amendments to the resolution appointing a committer, to ne in^D the state of the banks. The resolution from the house of representatives requesting the governor to draw upon the contingent fund to defray the expenses incuried by the reception of Gen. Lafayette amongst us,, was read, and unanimously concurred in. On motion of mr. McKintie, ' It nets unanimously resolved, That the secretary of senate has the approtktion of this body, for the excellent and able rhunner in which he has discharged the duties of his appointment. a message was received from the house of representatives by mr, Oawsoji their clerk, informing the senate that the house had concur- sed in the resolution of senate requiring the attorney-general and .solicitors general to set forth in their statement to thq legislature for what persons the money upon which they ask commissions has been .collected, &c. MriDozeman presented a warrant upon the treasurer for the pay- aientjof the members of senate and its officers, t Wiich was signed by the president. Mt. Allen from the joint committee appointed to wait an his ex- ijeUpcy the governor informing him.that the general assembly were abojlt to adjourn sine die, and to know if ho had any further com* muikation to Jay before them, Reported— That they had performed tbst duty and: received for .answer from his/excellency the governor that he had no further communication to lay before the general assembly. A message was received from the house of repnsentatives by mr. Dawson its clerk, informing the senate that .the house of represen- tatives were ready to adjourn sine die. . Ordered, that the secretary do inform the he ci <-\i representatives? that the senate are ready to adjourn sine die. Whereupon, The. president adjourned the senate-.without a day, win <&» astir 1st. The president having taken the chair and a quorum being pr£» sent, t ie journal of the preceding day shell be read. 2d. No member shall speak to another, 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- ing in his place, and when he has finished, shall sit down. 4th. No member shall speak more than twice in any cue debate, on the same day, without leave of senate. 5-h When two member, rise at the same time, the president shall name the person to speak ; but in all cases, the member first rising* ahull speik first. 6th. No motion shall be debated until the same be seconded. 7»h. When a motion shall be made and seconded, it shall be reduc- ed to writing, if required by the president or any member, delivered in at tiie table and read, before the same shall be debated. 8th. While a question is before senate, no motion shall be receiv- ed, unless for an amendment, for tne 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- tiou from the chair shall be, shall the main question be now put? and if the nays prevail, the main question shall not then be put. 10th. If a question in debate contains several points, any member may have the same divided. 11 h. 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 hi alphabetical order. 14th. Any member intending to ask leave to bring in, or move for a coaimi .tee to be appointed to report a bill, shall give at least one days notice of such intention, and the title of such bill. 13 h. No bill shall be committed or amended until it shall have been twice read, after which, it may be referred to a committee. 14di. Wnen a member shall be called to order, he shall sit down until the president shall have determined whether be is in order or not; and every question of order shall be decided by the president, without debate; but if there be a doubt in his mind, he shall call for the sense of senate. 15th If a member be called to order for words spoken, the exeep- tionabie words shall immediately be taken down in writing, that the president may be better enabled to judge of the matter. I6ch. When a blank is to be filled, and diil'erent sums and different days shall be proposed, the question shall be taken on the highest sum, and most distant day, first. mil. 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. I'he 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. Sen. 87. INDEX TO THE ANNUAL SESSION OE 1824. A. Mbercrombie, John, speaker of the house of representatives 6, Anderson—elected brigadier-general 53. ACADEMIES—bill reported to vest eertain propertv in certain coun ties 70. Bill reported to compel pefsons holding the funds of, to pay interest 108, passed 133, passed| house of rep. 274, enrolled 286. Adams, H -nry—petition in his favor referred 7, bill reported to emam . cipate 30, bill passed 40. Adrian, mr.—added to committee On free schools 30,leave of absence 58, resignation of 93. Adjutant General, 8fc—bill of house of rep. more effectually defining the duties of, &c. passed 280, enrolled 285. Adjournment sine die—res. fixing the time of 75, amended and agreed to 270, 288, res. fixing the hour of, on each day 139, recon- sidered 143. Africans—report on the subject of those in possession of the state 257, agreed to 260, concurred in by house of rep. 277. Alatamaha river—bill of bouse of rep. to establish a ferry over 52, passed 148, enrolled 171- ♦ « Alap'aha road—report and resolutions of house of rep. on the subject of 183. amended and concurred in 281. Aliens—bill ol house of rep. to exempt from military duties , passed 161, enrolled 172. Appling county—bill of house of rep. to divide, passed 170, enr. 204, Appling and Ware counties—bill reported to organise 180, passed 198, passed house of rep 277, enrolled 287. APPROPRIATION—bill of house of rep. to appropriate monies for the year 1825, passed 284, enrolled . ASSEMBLY, GENERAL—organised 4. Bill reported to alter the time of the meeting of, rejected 114. Res. laid on table proposing to reduce the no. of members 283. Attorney and solicitors-general—resolution fatiher defining iheirdu- ties agreed to -388, concurred in 288, ■£92' Audited Certificates—hifl reported authorising the renevvfti of cec, tain 196, passed 272. Augusta, city of—memorial for a new market house in the upper part of, referred 118, bill reported 122, passed 156—bill ofhoUse of relating to the mayor's court of, passed 279, enrolled 285, B. Baker, mr. added to bonk committee 57. Baldwin county—bill reported to alter the times of holding the supe- rior courts of 74, passed 86, passed house of rep. 163, en- rolled 20-1, assented to 265. Bill of house of rep. to amend road laws of, passed 279, en» rolled 285. B ANKS—corn, on appointed 7, report of, relative to charges against the Darien Bank from house of rep 264, concurred in 264. Report on the state of, from (he house of rep. concurred in 268- Bill reported relative to the intercourse between 113, ne?. 167, reconsidered 169. passed 1&8, passed house of rep. 273, en* rolled 285. Directors of, on part of the state elected 164. Res. of house of rep. appointing a committee to examine into the situation of the 284, concurred in 283. Bdplist Church—bill of house of rep. to incorporate the Walnut creek, in Jones coumf, 66, passed 102, enrolled 118. Jleall, mr.-—leave of absence 37, 114. Berrien, John M.—elected senator to congress 34. Bevau, Joseph V.—res of house of rep. in favor of, concurred in 263 Bibb county—report on the mode proper for the relief of 46. 1 Bill reported for the relief of 84. B/ackshear, mr.—vdded to com. on the state of the republic 30. Bhckftone. mr.—leave of absence 64. Bowell, Wm—-memorial of, referred 113', (see Africans) Brown, mr. of Decatur—leave of absence 125,155,187. Betsey and Henry .P.— bill reported to divorce 48, rejected 68. George A.—bill reported authorising him to keep a ferry 150> passed 184, passed house of rep 273, enrolled. William W —res. of house of rep. in his favor, cone, in 145. Bridges—bill of house of rep. relating to the building of, passed 279, en»ofled 285. Brier creek—report relative to the improver-net tof the navigation of 100, concurred in 162, approved 171. Broad river—bill of house of rep. to keep open, passed 198. Bill cl house of rep to reduce ferriage on, postponed 137. >3. Report relating to the navigation-of, concurred in 120. Brian county—bill reported to establish district elections in 55, pass- ed house of rep. 148, enrolled 172, assented to 182. Ikaac—bill for his relief, negative J 120. Bujjington, Samuel--petition of, ref, 90, report on 108, postponed 109.. Barney, rur.—leave of 69.' Burgess, John—bill of house of rep. for his relief, disagreed to 160. ■Burke county—Lili of house of rep. relating to roads in, passed 128, enrolled 14 2. 293 Jhtrke .ccuntij—bill reported to alter the lime of holding the -up error courts in 144, passed 160, passed house of rep. 273, enroll- ed 287. c. Camak <§* Ragland—president authorised to assign them a seat with- in tire senate chamber to report the debates 42. Appointed state printers, (see printing) 74. lamden county—bill of house of rep. to lay out a new road in 66, passed 82, enrolled 108. Bill reported altering road laws of, passed house of rep. wUh amendments 274, amendments disagreed to by senate 277, house of rep. adhere 277, senate disagree and appoint com ^ mittee of conferrence 27-8. \arnesvHle Academy—bill reported to incorporate 84, passed 96, passed house of rep. 273, enrolled 286. reenters and masons—bill reported to give them a lien on build- ings in Macon 33, passed house of rep. 77, enrolled 81, as seated to 99. ^sms— res. of house of rep. to provide compensation fior the per- sons engaged in the taking of, concurred in 166. thaw, county and others—bill reported for the relief of certain iu- habitants of 130, postponed 153, reconsidered 154—bill re- ported concerning the poor school fund of 116? passed 191, passed house of rep, 273, enrolled 286. ■zens* Claims—report on.the subject of 123, agreed to 124, con- currcd in 162, approved 171. ims to slaves—bill reported concerning of* 45, passed 62, passed v house of rep. 155, enrolled 159, assented to 171. Cirk^ille academv—bill reported to incorporate;44, passed 67, pass* ed house of rep. 148, enrolled 172, assented to 182. \caderoy—bill reported to incorporate 58, passed 71, enroll- I 172, assented to 182. - erks Kj| reported to legalise the acts of their deputies 64, passed J passed house of rep. 274,enrolled 286. Gleland, JuW—bill reported to authorise him to plead and practice / passed 57, passed house of rep. 80, enrolled 94, as- seiAd to 130. Cleveland, mn_.added to com. on internal imp. 30, military com. 37. Clinton, to wn ^—bill of house of rep. concerning of, passed 190, en- rolledW. Cobb, Thomas Wy~e!ected senator to congress 34. 4'o/H'on,CorneliuL_petition of, referred 46, report on 52, leave to withdravmpecg 6Q. Comptroller Gene\t—communication from 38, 64,90,180. Coffee, uir.—leave <%bsonce 123. Cuinmu ticaiion frorUhe governor at the opening of the session 8, re- ferred 29. \ On the subjecVfthe Africans 26. On the subject V the charges against the Darien Bank 28. Relating to ThcW Franklin Hail 30. enclosing additiiai statement from State Bank 43. *c4 Cl 204 "Commnrti cation on the resignation of maj. gen. Thompson 45. Enclosing additional return of the Planter's Bank 54. Enclosing reports of the commissioners of the Oconee and Sfr> vannah rivers 103. On the subject of the fraction selling commissioners 106, On the subject of topographical and civil engineer 121. On the subject of fortifications 134. Enclosing letter from the major of the city of'Savannh rela live to the appearance of the small pox 145. Announcing the resignation of maj. gen. Adams 150. Announcing resignation of brig. gen. Shorter 159. On die subject of the Indian treaty 269. On the subject of grants heretofore placed in thehands of th| fraction selling commissioners 275. §■onstihliion—bill to amend the second section of second article o>] 34, passed 39, passed house of representatives, 73, enrolleq 81, assented to 99. Consideration—bill >eported concerning partial 87, passed 102. i Corps legionary—bill of house of representatives to organize 6j passed iiO, enrolled 142. - 1 Courts of Ordinary—hill of house of representatives to regulate tip fees of cleiks of passed 282, enrolled 285. Crawford county—memorial of citizens of referred 79. 0. Dameron Charles—resolution of house of rep. in his favoi c4* cured in 112. 1 Darien—billot nouse of representatives to establish an enginycoi,- pany in the citv of, 53, passed 72, enrolled 94. j Davies Mr.—added to com on internal improvement 30, leaae of as- sence 69., added to com. on the state of the republic/2i. Davis John—petition of referred 29, leave to withdraw pcffion 6c Dawson Win. C.—clerk of house of rep. 6, Thomas elected brigadier general 53. / • L Decatur county—bill of house of rep. to make permanent the sitec^ the public buildings in 61. passed 76, enrolled A2. Trustees of "the academy of appointed, 77. / Bill reported relating to the clerk's office in 1 j> passed 160* passed house of rep, 273, enrolled 286. / Deffnali David—petition of refer'd 59, leave to witfvaw petition 65. Districts—resolution of house of rep relating to 1® resurveying of certain ones concurred in £54, reconsiti/ed 256, laid on table 257. / Dooly county—bill of house of rep. to establish dstrict elections in, 61, passed- enrolled 118, / Resolution to have the first district in res/^d agree to 87, concurred in 136, approved, 170. J Bill reported relating to the public buil(j/£s of 101, passed 116 passed house of rep. 273, enrolled £?• Dower-— bill of house of rep. concerning of j/ssed 137, enrol'd 159. 295 pudley James—-petition of refe-red 26, bill, reported on 49, passed / 63, passed house of rep. 155, enrolled 172, assented io 182. Duke Thomas G. and Louisa—bill of house of jep. to divorce 80 rejected 93. E. Elberton town of—bill reported for the better regulation of 84, passed 97, passed house of rep. 273, enrolled 286 Electors of president and vice president of the United States—reso- lutioo for the election of 8, concurred in 29, assented to 34. Nine elected 34, seats provided for 132, communication from 145. * Bill from In use of rep. prescribing the mode of choosing of, passed 255. Elections—oill reported concerning of negatived 125. Emanuel county—bill reported to lay of election districts in 41, passed 73, passed house of rep. 1^8, enrolled 172, assented to 182. 1 Bill reported to establish free schools in 70, passed 82, passed I house of rep. 274, e* r died 287. enrollment—com. on appoin ed 7. Irrors court of and appeals—report on the subject of 127. istrays— bill of house of rep. concerning of postponed 192. xvecutive appointments resolution confirming of concutred in 75. kcecutors and administrators—bill reported concerning of 107, pass- 1 ed 133. And guardians—bill of house of rep. to compel them to pap interest on monies &c. postponed 184. F. favor Vm.—resolution for relief of 144, agreed to 167, concurred \in 265 " Fayette tounty—bill reported for the benefit of the academies of 59, / \assed 71, passed house of rep. 147, enrolled 172, assented I /\182. 't Fat/efteviZAacademy—bill reported to incorporate 75, passed 85, pa\ed house of rep. 147, enrolled 172, assented to 182. Females—biV reported to discharge them from the performance of patn duty, 80, passed house of rep. 274, enrolled 286. Finance—-compn appointed 7, report ot 253, agreed to 270, conc'd. On the abject of fortifications at Savannah agreed to 270, com ul£d in 277. iMint circuit—bji reported to fix the time of .holding courts in 1C7, passed «o, passed house of rep. 277, enrolled 287. Florida—resolu?W) relating to running the dividing line between and this\tate agreed to 70, concurred in 88, approved 105. Foley Thomas—bi\reported for his relief 61, passed passed house of rep. 15\ enrolled 172, assented to 182. Forsyth academy iiMonroe county—bill to incorporate enrol'd 108; 296- Fmctions—hi\\ reported for the relief-of purchasers of 37, bill of house of rep. to same effect passed SO and 128, enroi'd 158, Fraudulent draws—bill of house of rep. relative to the partitioning- of enrolled 3 58. Free persons of color—bill reported to prevent the selling- into s!a* very of 107, passed 119, passed house of rep". 273, enrolled 287. G, Gamble Mr.—-leave of absence 44. . I Garner Wm.—bill of house rate 43, passed house of rep. 147, enrolled 172, assume/to 182. County—bill reported for the benefit of/ae academy of 46# passed 68, passed house of rap, 155, eM'ed 171, assented to 182. 1 / S3T Hibernian society—memorial of referred 104, bill of house err rep, to vest certain property in passed 152, enrolled 172. Hill Lewis Berrien—bill of house of rep. to change the name of 60., passed 76, enrolled 94. Henry—biil of house of rep. to change the name of passed 279, enrolled 286. Ttolt Mr.—added to printing com. 27, leave of absence 134. Albert B.—clerk of house of rep. pro tempore. Houston county academy—bill of house of rep. to incorporate 55, passed 71, enrolled 118. Hudson Lucy and Charles—bill to divorce 50. Irby—speaker of house of rep pro tem. 103. Huntsville academy—bill of house of rep to incorporate passed 160, enrolled 172. I. Inipeachment of Loving, Jackson and Adrian by com. of. house of rep. 164, governor requested to sequester them from office 166, president authorized to appoint messengers to appre- hend them 166, messengers appointed and warrants issued 168,- notice from house of rep. of articles agreed on 102, warrants against Loving and Jackson returned, executed 192 and 193, articles preferred 193, Loving and Jackson, ordered into custody of the messenger 195, furnished with a copy of the charges 196, com. appointed to report rules tor the government of the high court 196, rules reported 198, agreed to 200, high court organized 201, managers and parties attend 201, proceedings 201, additional rules pro- posed 203, minutes of the court otdered to be kept separate from the journal of senate 206, court opened 207, presi- tdent authorises to appoint messengers to serve subpoenas, &c. 207 and 267, warrant against Adrian returned execu- . ted 255, court opened 255 and 276. Indian reserves—bill from house of rep. concerning of passed \ enrolled report on concur; ed 153. Territ6ry-«-report on the extinguishment of title to 145, con- curred in 145. Territory—resolution concerning of concurred in 188, Internal Improvement—com. on appointed 7. reference on propriety of cutting a canal from Alatamaha to Brunswick 126, docu- mfcnt on same subject reterred 132, report on agreed to 189^ concurred in 265. Reference on the.subject of cutting a canal from ilatamaha to Skpelo 132, report on agreed to 190, concurred in 265. . Hes. of fiouse of rep. appropriating money for 284, con. in 284. J. Jasper county—bill 'reported to change the time of holding the infe- rior court ip 125, passed 133, passed house of rep. 273, en« rolled 287. Sen. 38 Academy—bill reported to incorporate and authorise a lottery - for &c„ passed 184, enrolled 203. Jenks Ebenezer—bill of house of rep. authorising him to cut a canal passed 281, enrolled 285. Johnson Robert & Anna—bill rep. for their relief 113, passed 133. Jones Mr.—added to com. on Gnance 37. 1 Henry jL.—resolution of house of rep. in favor of 274, con- curred in 277. Johnson Mr.-r-leave of absence 143, leave of absence Judiciary—com. on appointed 7. Referred to on propriety of compensating jurors 41 Rrelating to du?ies of sheriffs report on 59. On subject of dower report on 90. On revising penal code report on 61, 107. On subject of free persons of color 65. Relating to fees of justices and constables 72. On the propriety of providing support for families of persons conGoed in the pemtenHaiy 83, report 107. On the subject of entering appeals 96. Relative to recording mortgages 104. Relating to the judges of the superior courts 107. On the propriety of reducing the number of justices of the inferior courts and justices of the peace 122. Bill reported to amend so far as relates to illegalities in exe- cutions, correction of errors &c. 101, disagreed to 133. Bill of house of rep. relating to the duties of officers and p'aiutiffs in collecting monies &c. postponed. Journals of Senate—com. appointed to examine 81, report agreed to 276. Justices of the peace and inferior courts—bill reported to exempt from road and militia duties 84, disagreed to 96. Bill reported concerning of 107 laid on table Judges of the superior courts—bill reported prohibiting them from practising in the United States' courts 127, passed 152, house of rep. 273, enrolled 287. ' K. Keener John—resolution in his favor 31, agreed to 60, concurred 206. Kemp. James—bill reported authorising him to keep a ferry 75, pass- ed 85, passed house of rep. 147, enr. 171, assented to 182. William—resolution of house of rep. in favor'of con. in 187. King Roswel! and .others—memorial of referred 113, bill reported 142, ordered to be printed 143, passed 179/ Henry—-petition referred 132, report on 189, amended and agreed to 196, and bill reported, (see audited certiGcates) Yelverton P.—resolution of house of rep. in favor of con. 183. L. LAFAYETTE General—resolution of house of rep. authorising the Governor to. provide for the reception of concuned in unanimously 288. 29 9 Lasseter James—res. of house of rep. in favor of concurred in 267. Larrikin Mr.—leave of absence 180, Laurens county—bill reported to vest cettain powers in the inferior. court of 55, passed 67, passed house of rep. 147, eniolied 171, assert ten to 162. Land acts—-bill reported to amend as to head rights and bounty war- rants 41, bill of the house of rep. on the same subject 80, passed 72, and 128, enrolled 159. Law courts of—bill reported to authorise certain persons to plead and practice in 41, passed 62. Laws—resolution of house of rep. relating to the distribution of postponed 186. Lawrenceville academy—bill reported to incorporate 49, passed 67, passed house of rep. 148, enrolled 172, assented to 182. Lewis Pierce A.—bill reported to establish his ferry 118. Liberty county—bill reported to establish district elections in 74, passed 97, passed house of rep. 277, enrolled 287. Lnckhavt Mr.—added to bank committee 59. Lottery—bill of house of rep. to establish to raise #20,000 passed 19l.j enrolled 204. M. Macon town of—bills reported relating to 69, passed 86, passed house of rep. enrolled Bill reported for the construction of a bridge at 84. BiIi of house of rep. for the further sale of lots in passed 206. Bill of house of rep. for the erection of a bridge at passed 279, enrolled 285. Mcintosh county—petition of sundry citizens of referred 159. McConnel Eli—memorial of referred 51, report on McRae Daniel R. VY\ and others - bill authorising to plead and prac- tice law 71, 78, passed 103, passed house of rep. 274, en- rolled 287. Mc Wright's ferry—bill of house of rep. to establish passed 128, enrolled 142. Madison Morgan county—bill of house of rep. authorising lots to be laid olf in for religious purposes 80, passed enrolled 108. Mangham Mr.—leave of absence 187. Maps ot late purchases—res. for transcribing of 72, disagreed to 130. Of the state—resolution concerning of 87, disagreed to 132 Marion town of—resolution of house of rep. relating to the branch bank at concurred in 264. Maxwell John J i—communication from relating to contested election 6, report on 25, added to penitentiary com. 30, added to com. on finance 143, leave of absence 163.. McDonald Charles J.1—res. of house of rep. in his favor 189, con. Middlebrooks Anderson C. and John W. Graves—bill of house of rep. authorising to build a bridge passed 138, enrolled 172. Military com. appointed 7, reference to 79, 84, report of concurred in 189, 254, 267. Storekeeper—annual report of referred 79. goo 'Mitchell Thomas, surveyor-general—memorial of referred 58. . Petition of referred 105, report on 257. Agreed to 257, concurred in 277. Henry resolution of house of rep. for relief of negatived 165, reconsidered 169, amended and concured in 169- Mineral Spring academy—bili of house of rep. to incorporate &c. passed 90, enrolled 204. Mobley Mr.—leareof absence 132. Monroe county—4rill reported for the benefit of religious societies, &c. 146 passed 160, passed house of rep. 273, enrolled 287» Bili from house of rep. relating to the public buildings in passed 282, enrolled 285. Montgomery Wm. VV.—elected brigadier-general 53. Morgan superior court—bill of house of rep. authorising the trial of certain causes in passed 128, enrolled 142. ^ K. .Names—bill of house of rep. to change of certian persons 55. passed 67, enrolled 89. New counties—petitions for one from Henry, Monroe, &c. 90, and 96» bill reported 99, rejected 140. Petition for one from Crawford and Pike 91, bill reported 101, passed 120, passed house of rep. 183, enrolled 204, assent- ed to 265. Bill from house of rep. to Jay out one from the counties of Greene &c. negatived 154, Newton county—bill of house of rep. lor the benefit of the academy of passed 128, enrolled 142. Newly created counties—r esolution of house ol rep, requesting the governor to send certain books to concurred in Notaries pu .lie—bili of house of rep. prescribing the mode of ap- pointing of passed 279, enrolled 285. 0. Ocmulgee river—bill from house of rep. tof keep open 61, passed 77, enroled 9 i. 0co«eeNavieatiou_-reportrelating to 149, agreed to 149, concurred iq 163, approved 171. Oglethorpe county—bill of house of rep. respecting the academies of, passed 138, enrolled 172; Petition of sundry citizens of, referred 146. Ohoopie river—bill reported to keep open 51, passed 64, passed house of rep. 148, enrolled 172, assented to 182. Oliver, Wm. H.—rep. relating to 127, conc.in 162, approved 171. Osborne, Winney B- and others—bill reported to change the name of 58, passed 72, passed h. of rep. 148, enr. 172, assented to 182 \P. Pedlars—bill of h. of rep. relating to the tax on, passed 141, enr. 17s Penal Code—bill rep. to alter 155, passed 191. aoi Penitentiary—-com. on appointed 7, authorised to have printed the report of the keeper & inspectors 108, rep,of, agreed to 260* Penitentiary—principal keeper and three inspectors of. elected 164. Resolution relating to internal police of 188,concurred in Res. respecting the frequency of visits to 188,concurred in 265. Res, of house of rep. p.ohibiting the ihspecurs ol, from being contractor^ £83 concurred in 284. Perry, town of—bill ol house oi rep. to incorporate 56, passed 85, en- rolled 108 Pierce, Stephen—mil reported authorising him torun a line of sta- ges, ike. 89, rejected 102, reconsidered .04, passed 151 passed house ol rep £74, enrolled 287. * Lovick—mil of house of rep. for his relief, pasierl 279, enr. 285. Poor School Fund—bill of house relating to, .postponed 271. Resolution of house of rep. concerning of, corcurred in 177. , Powell, Allen B.—elected pres. of senate 4, vote of hanks to 285. Powers, rar.—leave ol absrnce 187. Privileges and Elections—committee on appointed J, report on the^ communication ol John J. Maxwell £5 agrtcd to £6. Report on the senatorial election of Appling count) 44. Document referred to, report on the qualiication of F. F. Adrian 79. Printing committee on, appointed 7, report of 69, ag-eed to 74, eon- curred in 81. Prince,mv.—added to bank com. 41, added to judiciary com. 6&. jPres&iR, John Early VV.—bill reported io ch>nge the name of 5% passed 7 i passed house ol rep 147 enr. 172,assented to 182. Public Works—bill of house of rep. to create a board of, disagreed to 281. Pugsley, John—petition of, ref. 126, rep. on agreed to 175, con. in 265. Pulaski county—bill of house of rep. to establish district elections in, postponed 204. Putnam county—bill of house of rep. relating to the cavalry in 6^ passed 83, enrolled 118. It. Raivles, John, and Wm. Gross—petition of,-referred 7, bill reported for relief of 81, passed 129, recons'd 131, postponed 18t. mr. added to com on int. improv't 58, leave of absence 181. Jiemson, mri~leave of absence 187. Representatives—bill ol house of rep. to apportion, passed 279, en» rolled 285. ' Representative Chamber—res. for the enlargement of T9. Reports of generals Newnart and Harden ordered to be printed 156. Reynolds, Levi—bill of house of rep. for his relief, postponed £67. Richardson, Amos—petition of, referred 26, rep. on 41, leave to with- draw papers 60. Res. of house of rep. in his favor neg. 149, rec. 154, con. in 174. Rice—bill reported to prohibit the cultivation of, near Savannah 43. Riiio, a woman ol color—bill reported to appoint a guardian or trus- tee for 41, passed 56, passed house of rep. 87, em oiled 94, to ISO. 802 TioCtds and jCanals—rep. on the subject of, approved 146; liPK.n fcr the guvirnraent of senate, adopted 5. htjun, Dennis L — executor of Philip Brantlej, petition of, referred 45, bill icported 47, rejected 78. s. Savannah, city of—bill to enforce the patrol law in 53, passed 67, eft- roiled 8'. Peri-ior. of sundry citizens of, referred 101. BUi o esbblisli an engine company in* passed 111, enr. 143. Bill to extend the corporate limits of, postponed 267. B;li rep. concerning the election of aldermen in 125,passed 138 Bill .of hcase of rep. to appoint a public weigher in, postponed 267. Bill re.po'ted to define the qualification of voters for a'der- men 157, passed 191 passed h. of rep. 273, enrolled 287 River—rtpert relating to the navigation of 150, concurred in 163, ajproved 170, Snjfuld, \dam G.—res. of h. of rep. in favor of 278, disagreed to 278. Schley, YVm—res. of house of rep. in favor of, concurred in 183. Schools, Free—romir-ittee on, appointed 7, returns made to the sena- tus aczdcmicus, referred to and referrmce to 118. Report ol, agreed to 175, concurred in 265. Report o! 176. (Secretary "of senate—com. appointed to examine the papers in the of- lice of H2, report and resolution on agreed to 271. Authorised to employ an additional clerk 196, cone, in 265. • Senate Chamber—resolution to have alterations made in 122, agreed to 267, concurred in 278. Sheriffs— bill reported concerning sales of 91, disagreed to 102. bill of hfsuse of rep. further defining the duties of, passed 280, enrol hoi 285. ' Sheffield; rnr.—leave of absence 111, 192. Shorter, Reuben C.—elected major-general 165 Slaves—bill n-poited to repeal all laws prohibiting the introduction of 69, passed 72, passed house of rep. 148, enrolled 171, as- seated to 183. , ^ Bid r. purled to prohibit them from selling certain articles 125, pissed 181, passed bouse of rep. 273, enrolled 287. Slavery—ire port on the resolutions ot the state of Ohio, proposing the aboirlm of 95, concurred in 162, approved 170. . Smith, Win—petition of referred 69, bill reported on 74, passed 86, passed house of 274, enrolled 286. Solicitors General—res. in favor of, of the Western and Northern circuits,cone.uned in 145. Spence, Jared—bill of house of rep. td change the name of, passed 128, euro! leu 142. Spann, (\~ir.—leave of absenee 118. State of the republic—com. on appointed , report of on the subject of post rou es , Report on resolutions of Ohio (see slaver)) 95. Report on resolutions of Mississippi 96, conc. in 162,app'd 171 303 Stewart, John—petition of, referred 35, report 011 48, leave to with- draw his papers 60. Steam Boat Company—memorial of, referred 35, report on 139, agreed to 139, concurred in 163, approved 171| St- Mary's— bill of house of rep. relating to, passed 205. Stokes, me.—leave of absence 90. Stapleton. George—res. of house of rep. in favor of 147, cone, in 147. Stiles, John and others—memorial of referred lip. St. Andrew's Society-—bill reported to incorporate 143, passed 160, passed house of rep. 273, enrolled 286. Surveyor General requested to transmit certain information relative to contemplated new counties 132, communication from 139. T. Taylor, mr.—-leave of absence 118. Tax Coliectors—bill reported defining their duties 65, passed 86, passed house of rep. 155, enrolled 171, assented to 182. Bill of house of rep. for the relief of certain, postponed 267. Bill of house-of rep. to raise, for support of government, pass- ed 196, reconsidered 203, passed 203, passed h. of rep. 265. Tennille, mr.—leave of absence 69, 126. Thompson, major general—letter of resignation fiotn 35, referred to the governor 38. Tigner, mr.-—leave of absence 37, 156. Tillman, Joseph—bill rep. authorising him to erect a toll bridge 1(32. Treasurer—statement of, presented and referred 36, 35. Treasurers, county—bill reported to appoint 84, passed 98. Tugalo river—report relating to the navigation of 100. Twiggs county—-petition of sundry citizens of, referred ICO. u. Unfinished business—committee appointed to see it completed 270, v. Veasy, Aimer—bill reported authorising his ferry 113, passed 125, passed house of rep. 273. Volunteer Company of Jones county—bill of house of rep. relating to, passed 184. enrolled 204, w. Walker, West and Sarah—bill reported to divorce 101, negatived 120 Womberzee. E.—memorial of, referred 143, leporf on 174, agreed to 263, concurred in 277. Ware, Ann and George—bill of house of rep. negatived 161, Warrantys—bill repoeted concerning of 118, disagreed to 137. Warrant for the pay of members and officers of senate, signed 283. Wryne county—bill of house of rep. relative to the removal of the court-house in 52, passed 82, enrolled 108. 301 Weaver, Othniel—memorial of, ref. 71, bill reported lOl, balance si oo 133, Whitpfiel(LR>:ubcii—petition of, referred 59, bill reported SI,passed Williams, Henry—i-elected ma»*enge.r 4, leave of absence 15 t, Peter J.—r he ted prin-'p.d keeper of the ponitentiar* 161. Wilkinson county academy—b-H reported to incorporate 2'>, p r*ae:' 71,'passefl house ot rep. 147, mr^Med 172, assented to K->2t Wilson, Joun—ebjc'ed bng'(ihr-gmeral 165. Wyttn, lliab#rd—*|u«tifir-d as senator ofllal! county 2Sf>, Wimberbj, mr.—leave ot absence 118. ■ Y Young, Willis—psticion of, referred 125, report on 1W