Atlanta weekly intelligencer. (Atlanta, Ga.) 185?-18??, November 18, 1858, Image 2
HBHMH
We tom that the B8I to grant State aid to
the above nanwirt road, has passed the House
of Representatives of the Georgia Legislature.
We are bold to express our gratification at the
remit of this movement. The country through
which this road is designed to pass; is an in
teresting position of oar State, and we are re
joiced to find such a display ofliberality on the
part of one branch of our General Anaamhly.
This we conceive to be a favorable omen, in
regard to another enterprtse, which we re
gard of much more importance than the one
«.wiAr consideration, not meaning in anywise,
to disparage the great work which is the sub
ject of this notice. Butthe “Georgia Air-line
B»n Bond," which is to connect the most
important Railroad enterprises of our State
with those of South Carolina, North Carolina
pul Virginia, and with the great city of New
York now stands pre-eminent in its claims np
on the munificence of the Georgia Legislature.
Aside from the fact, that it is designed to con
stitute an important link in the most direct line
of communication between the South-West,
, and the North-Bast, its construction will de
velops the resources of an interesting posi
tion of our State, for which nothing has ever
been done, in this behalf. North-Eastern Geor
gia, has ever been “hewers of wood and draw
ers of water,’’ for other more favored portions
of the State. None of the great works of in
ternal improvement, which have engaged the
attention of capitalists and the liberality of
our State legislature, have enured to any con
siderable extent, to the benefit of the people
of this section of Georgia. Hie Air-Line Bail
Road is intended to do justice to the people of
that section of our State. They have strained
every nerve to effect the accomplishment of
this desirable end, and all they now <*sk is a
little aid from the State to enable them to
consummate a project which; is designed to
make North-East Georgia as it deserves to be,
the most desirable portion of the “Empire
State of the South. ” Will not the Legislature
grant the desired aid ? We trust it will.
of
coni
by fee' opening of the Teotoe
iUtbaad last soring ;and by the
the mads wtneb wiUoeiepresentoa at the Con
ference, are the Baltimore and Ohio, New Or
leans, Jackson and Gnat Northern, Mississip
pi Central, East Tennessee and Virginia, Mem
phis and Charleston, and Central Georgia.
We clip the above from the Savannah Re
publican. It is apparent that this movemen
is for the benefit of Roads whose interests are
inimical to timm of our own Elate. Asakted
of salvo, we perceive the Central Rail Road is
named, as one of those which are to be repre
sented in this convention. This we presume is
intended as a blind, to delude the people of
Georgia into the belief that this movement is
to enure to the people of Georgia. It is appa
rent to the most superficial observer, that the
whole scheme is intended to divert the vast
trade and travel of the West from the Georgia
Roads, through Tennessee and Virginia. How
the Central Railroad with all of Mr. Cuyler’s
experience and sagacity, can be benefitted by
any arrangement of this kind, without the aid
and co-operation of the Macon & Western and
the Western & Atlantic Roads, we think would
puzzle the ablest Rail Road man in the world
to determine. We have this to say; Atlanta
has nothing to gain by this movement, nor
the Roads which connect at this point. Dr
Lewis as Superintendent of the State Road,
holds the key which unlocks the vast business
of the West to our Georgia Roads, and we feel
confident that he will not suffer the great work
over which he presides, to be used as an in
strument of oppression to break down Atlanta,
or any of the Roads terminating at this point
For the Atlanta Intelligencer.
Cehh’i Trial—Grand Jury Presentments &c-
Editors or the Intelligencer :
Gentlemen.—You
may not approve of the sentiments of this arti
cle ; but you will accord to me as earnest a de
sire for the welfare of our County as you claim
for yourselves.
Whether Cobh is guilty of Murder is unim
portant in this argument. Whether he has
been convicted according to Law, I shall leave
to the Supreme Court, the tribunal to which
our Constitution and Laws refer such questions.
Nor shall I consider whether in taking Cobb’s
ease to the Supreme Court, where our laws per
mit any case to go, his counsel are “trifling
with this community. ’ ’ For myself I shall be
reluctant to believe, that men of good charac
ter would trifle with the interests of a commu
nity, whose interests arc their interests. And
especially do I hesitate to conclude, that men
•worn “Justly and uprightly to demean them
selves according to law and to support and de
fend the constitution of the United States and
of the State of Georgia,” (as they are sworn)
would trifle with any, the least of their duties
or interests of the community. I take it that
the County does not believe such a charge.
For our worthy Senator announced in open
Court that he would have defended Cobb and Jones,
but that they failed to secure his fee, and yet
I suppose that his constituency entertain as
highjregard for him as ever. They cheerfully
consent that he legislate for them and lie is
now doing so. They thus recognize the right
of Cobb and Jones to have counsel. And the
Grand Jury of this week recognized the right
of counsel to carry any case to the Supreme
Court, as the law now stands.
It is for this very cause that they made the
presentment which I purpose by this article to
review. I learn (that to prevent this very
thing which is now legal) they recommend that
the law be so changed that no criminal case
can go to the Supreme Court until one of it’s
Judges approves of the Bill of Exceptions and
certifies that he believes the errors are unim
portant.
I know it strikes you at first sight, as a bad
recommepdation. In the first place no such
law will ever be passed. And if it were the
law, it would never effect what the Grand Ju
ry desire effected by it. Suppose a Bill of Ex
ceptions in the case of Cobb presented to one
of the Judges of the Supreme Court under such
a law, what would be his answer ? You can
almost give his words; for any humane man
under such circumstances would say, “/will
not take this man’s life until argument had,
and (hat too before a full Court, let the case
go up and be heard, it can do no harm to ex
amine it.” I take it that the Grand Jury
thought but little on this matter. For I look
upon it, not as a well considered wish, but as
simply an odd shape given to their excitement
upon the subject of Landrum’s murder.
I lteam that the Honorable Judge gravely
said from the bench, that he approved every
word of those presentments. But that remark,
made upon the spur of the moment, argues
weakly against the numerous difficulties to be
met with in such a law. I regret that he made
such a remark ; I regret that he allowed his
charge published, a thing unprecedented, so
far as I am informed ; I regret that he has ex
pressed himself so freely upon this case, when
he has to try Jones hereafter, and possibly
Cobb too. But I regret it solely because in
my opinion it tends to keep up public excite
ment, and to give a dignity to it. I urge that
these things are in had taste, nothing more.
Judge Bull is looked upon as an able and con
scientious man and be well deserves the charac
ter.
This public excitement is injurious to us as
a people. It makes it more difficult to geta
Jury; it causes many men to loose that time
which ought to be given to their daily avoca
tions ; it costs the County money which you
and I with our fellow-citizens have to pay. It
does more, infinitely more injury ; it injures
our character; it gives to our enemies a pretext
for raying that we speak and act lightly about
those laws, and that constitution which are the
Aegis of our meanest citizen, as they are the
glory of our noblest Statesmen.
Cobb and Jones if gulity, cannot shun the
punishment justly inflicted upon the murder
er. Let us quietly maintain the dignity of the
law and leave to God the result.
In these remarks I have not alluded to the
different articles which have appeared in “the
American.” They can do us but little harm ;
their very imtemperance destroys their force.
I am far from charging its Editors as Mobo-
crats, as some Journals of our State have. The
editors have long been my friends and I will
not do them the injustice to suppose that they
believe what they say. For I submit to you
airs that no words would better fit the mouth
of the leader of a Mob than, “The rase of CM
it, or ought to be an exception to the general rule, be
cause the crime of which he stand* convicted teas one
of the most cruel and co/d blooded ever perpetrated. ’ ’
I again say that I do not lielieve the editors of
“the American” considered the purport of the
above extract when they sent it to the world.
Excuse me if I have wearied you. I have
written this article in hopes that I may do some
little towards allaying this excitement.
Yours, Ac., A CITIZEN OF FULTON.
Nov. lGth, 1858.
<BT Girls are like arrows ; they are all in a
quiver till the beaux come, and can’t go off
without hem.
Poetry.
We call the attention of our readers in to
day’s paper, to a poem by Ed. Young Hill, Jr.,
from the Lagrange Reporter, which discovers
poetical ability in the writer. Mr. Hill craves
poetical glory. May “the Poet’s wish” be ful-
-y realized. We feel it a duty, as well as a
pleasure, to cheer our Southern minds in all
their intellectual strugglings.
Mr. Hill is a young manrand in feeble health,
yet we sincerely hope he may be spared toeing
many a glorious song, “that mankind trill not
willingly let die.” This is not the first poem
we have seen from our author worthy of no
tice. We confess a strong desire to record
Southern exhibitions of petical genius.
Col. L. T. Doyal of Griffin, has music in his
soul. He should sing more. Perhaps, like
Mr. HOI, he may yet lay aside the practice of
law, and strive gloriously to accomplish “the
Poet’s wish.”
We would like to have a “Poet’s comer,”
in our paper, devoted solely to Southern au
thors of real merit. Shall we have it ? V.
THE POET’S WISH.
BY EDW. YOUNG HILL., JR.
I pant not for the miser’s bead.
I envy not bis treasure :
For all tbe gold that e’er was stored,
Can’t bay one solid pleasure.
Then let bint keep his fllthly dust—
Jly wealth is my mind ;
I’d dine with gusto on a crust
At peace with all mankind.
I do not ask for thrilling tones,
That strike mankind with wonder :
More musical areOceau's moans,
The wliirldwind and the thunder.
And I can find in every blast
That wiikes the sighing pine,
A song of glee for sorrows past,
A dirge for sweet ‘-King Sync.”
I do not seek wild eloquence,
To hold enthralled for hours
Tiie silly mob of men of sense.
With rhetoric’s gandy flowers :
For rooks and groves and running brooks
Each cloud uud twinkling star,
Speak to my soul in voiceless looks,
More eloquent by far.
I would not wield the warrior's steel.
’Midstconflict's fell destruction—
I would not heed the clarion’s peal.
Nor rolling d anetion :
rum’s seduc 1
For though when victory's bravely won.
The breath of praise is sweet,
I'd ne’er forget the evil done
In battle's dreadful heat.
No, I but beg of Heaven the gift
To record deeds of glory—
The humble good of fame to lift,
By poet's burning story.
And when at length to conquering death
I yield, I only cravo
Some friend may hang a rosy wreath
Above the poet's grave.
Oakland, Oct. 26, 1658
£ enatus Academic us.
Though known and recognized by our Con
stitution and laws, the body called a “Sena
tes Academicus” has never been practically
put into operation in our Stat#. During the
sessions of such General Assembly, the Board
of Trustees of Franklin College, and the Sen
ate of the State of Georgia, have been in the
habit of meeting during one afternoon in the
Senate chamber, and going through the farce
of calling on each member for a report of the
condition of the County or District in an edu
cational aspect. Hardly ever have any re
sponses been made to these calls, the whole
matter has been laughed at, and with a motion
to suspend, the Senates Academicus have ad.
ourued until the next meeting when the same
ludicrous scene is presented. Such has been
the state of things for many years. A change
has however taken place, and the Senates Ac
ademicus is now about being converted into a
useful department of the government. The
subject of the education of the masses, has at
tracted more and more attention of the people
of tbe State. The press generally have become
awakened as to the interests so long neglected*
and the Senates Academicus desirous of not
being behind in the march of intellect, and the
progressive movement now being made, have
determined to change the “farce” into some
thing that will attract the respect and confi
dence of the people of the State. We recog
nize in this wholesome improvement some
thing that deserves to be encouraged and ap
proved by all right thinking men. The Sen
ates Academicus in order to perfect some plan
for the benefit of Education, adjourned from
the first week in the month to the last, that
they might have time and opportunity to ma
ture their respective views. Let this move
ment go onward. It is the dawn of a brighter
day for the State, in this great department so
long left in neglect, and so long treated with
indifference. The cry lias gone up from every
lip—let us have something for the mental and
moral welfare of our people. Let our wise
men—our great men—our Herschel V. John
son’s, our Joseph Henry Lumpkin’s, pur Wil
liam Dougherty’s, our Iverson Harris’s, our
Tomlinson Fort's, our Asbury Hull's, and such
men noted for their high characters in the
State, devise the best ways and means to edu
cate the people, and let our Legislature see to
it that they carry out some plan. The time
has come for this great work to be done, and
our reputation as a State must no longer lie
under the ban, of being indifferent to the im
mortal welfare of her sons and daughters.
t«r ’1 lie Methodists of Alabama have raised
$300,000 as a beginning for an endowment
fund for a University at Grccnsborouh
jgT* The City of Jeddo, the Capital of Japan.
The City of Jeddo is said to be without ex
ception the largest City in the world. It con
tains 1,500,000 dwellings, and the unparallel
ed number of 5,000,000 of inhabitants.
HP If you want to know whether an editor
is wicked enough to Bwear, just steal his ex*
changes, and you will know all about it.
HRsTiunlin, _ __
G. Holt, Robert Collins. James Dean, William
Solomon, T. M. Ftarlow, or such of them a•
1 ie'subscribers to the stock in said Com
pany, and all others who may be associated
-with them, be and they are hereby constitu
ted a body politic, and corporate, under the
name and style of the Western * Atlantic Bail*
road Company, and by that name shall be ca
pable in law of being the lessees and holders
of the Western k Atlantic Railroad, with all
its equipments and appurtenance* of every
kind nnd description, and to make all by-laws,
rules and regulations for the organisation and
management of the Company, and to do all
lawful acts properly incident to a corporation,
and necessary and proper for the transaction
of the business for whtch'It is incorporated.
Sac. 2d. Be it enacted by the authority afore
said, That the capital of said company shall be
five hundred thousand dollars, divided into
shares of one hundred dollars each; and books
of subscription shall be opened in the office of
the Comptroller General in Milledgeville, at
the Agency of the Bulk of Savannah in Ma-
oon, and at the Agency of the Georgia Rail
road Bank in Atlanta, and remain open until
the 15th day iff Dec'r next, where anycitisen
of this State may subscribe for any amount
not exceeding one hundred shares each, either
in person or by letter. And if the whole
lunount subscribed be more than the amount
required, they shall be reduced from the
largest subscriptions, under the inspection of
the ComptroUerGeneral, to the proper num
ber of shares required. But if the whole
amount should not have been subscribed, then
the parties herein above named as corporators
may cause the remaining amount to be taken
in such manner and terms as they may think
proper ; Provided, however, that these sub
scriptions shall be confined to individual citi
zens of Georgia, and no Bank or Railroad shall
subscribe for stock in this Company. Twenty-
five per cent, of the amount of stock sub
scribed for, shall be paid at the office of the
Bank of Savannah in Macon, on the 20th day
of December next; and at the same time and
place an election shall be held, for a President
and six Directors, to serve for one year, or un
til a new election takes place, according to
the by-laws of the company ; and the Presi
dent and Directors then elected, shall have
charge of all the funds and assets of said com
pany, and control and management of the
Road, and its affairs. And at all elections or
meetings of stockholders, each share of stock
shall entitle the owner to one vote. All fu
ture installments to be paid when called for
by the President and Directors, after thirty
days notice.
Sec. 3d. Be it enacted, That the Governor is
hereby authorized and required to accept the
proposition now made on the part of the Wes
tern & Atlantic Railroad Company, and to
lease to said company the Western A Atlan
tic Railroad, with all its property and equip
ments of every kind and description therewith
connected, (except money and debts due to
said Road.) for the term of ten years, at the
price of $325,000, three hundred and twenty-
five thousand dollars per annum, payable
monthly in advance ; and that the Governor
be instructed to deliver full possession of said
Western & Atlantic Railroad, and property, to
said companp, on the first day of January
next, or whenever they shall make the first
monthly payment in advance. And it shall
be the duty of the Governor to appoint an
agent, who, with the President of the Com
pany. shall take a full and complete inventory
of the property delivered to raid .company,
specifying its quantity, and vAlue, and which
shall be certified by them, and entered upon
the books of the company, and also filed in
the Executive office; and upon the expiration
of said lease, said company shall be bound to
return to the State an equal amount in quan
tity, quality and value, or pay the difference
in cash.
Sec 4th. Be it enacted by the authority aforesaid,
That the State of Getrgia shall have a special
lien on all the funds, equipments and proper
ty of said company, as security for all pay
ments herein stipulated ; and if at any time
raid company shall be in arrears for the space
of ton days, it shall he lawful for the Governor
or his special agent to take possesion of said
Road or property, and terminate the lease ab
solutely and entirely, or take such other
measures as he may think best for the interest
of the State.
Sec. 5. Be it further enacted by the authority
aforesaid, That the Western & Atlantic Rail
road Company shall give all other Railroad
Companies, whose roads join the Western A
Atlantic Railroad, or may hereafter connect
therewith, equal facilities, terms, and accom
modations : and it shall also be the duty of
raid company to keep raid Railroad and equip
ments in complete order, and to insure this
more effectually, it shall be the duty of the
Governor to appoint a committee of three fit
and proper persons to examine said Road and
property in October of each year, and report
on its condition and value, and if at any tune
said property should he found in had order
and of less value tlian when delivered to raid
company, the Legislature shall have power
to take such proceedings, as in their judge
ment may be best to cause raid deficiency to
be made good, and raid road to be kept in
good and complete order for business.
Sec. 6th. And whereas, a portion of raid
Railroad is in the State of Tennessee, the
State of Georgia hereby assigns to the Western
& Atlantic Railroad Company, all the rights
granted by Tennessee to Georgia during the
continuance of this lease and no longer, as far
as the State can assign them, and in any case
at law where it may be necessary, the name
of the State of Georgia may be used, but the
raid Western ’& Atlantic Railroad Company
shall pay all expenses of litigation, and any
and all cases that may arise during their lease.
Sec. 7 th. be it enacted, That the rates of freights
and passage on said road shall not exceed the
rates allowed on the Georgia Railroad. And
in all cases and things not particularly specifi
ed, the charter of the Georgia Railroad Com
pany shall be considered as adopted as a part
of the charter of this Company.
Sec. 8th. Be it enacted by the authority afore
said, That should any difference arise between
said Company and His Excellency the Govern
or for the time being, as to the amount due
the State by raid corporation, it shall be the
duty of His Excellency the Governor for the
time being to select six fit discreet and compe
tent persons, and said corporation shall ap
point a like number of six persons, and the
twelve shall value said property, first being
duly sworn to make a just and true apprais-
ment and valuation without favor or partiali
ty. If said corporation should tail or refuse to
name and select such persons, or they if selec
ted, should refuse upon reasonable notice
to act, the appointees of the Governor shall
proceed to go forward and make such valua
tion.
Sec. 9th. Be it enactod by the authority afore
said, That in case there should be a difference
of opinion as to the value of said property a-
mong the persons so to be appointed, a ma
jority shall govern and determine.—And in
case there should b-atie on umpire shall be
called in who shall be selected by the said ap
praisers—if they can agre e upon an umpire,
but if they fail or refuse to select an umpire,
the Govenor for the time being shall select
such umpire.
Sec. 10th. Be it enacted by the authority afore
said. That award when made as contemplated
by section nine, of this act shall be trans
mitted to the Governor for the time being,
who shall forthwith cause the Comptroller
General of this State to issue writ of fieri faci
as for such sum as may be found to be due
the State.
Sec. lltli. Be it enacted by the authority afore
said, That the Legislature of this State may
upon the recommendation of His Exoellency
the Govenor, require additional security to
protect the State when in his judgment there
is reason to apprehend probable lora to the
State. And in case of nonoompliance declare
that the lease and estate hereby authorized to
be granted shall cease and determine.
Sec. 12th. Be k enacted by the authority afore
said, That the right, power and authority, is
hereby reserved to grant Charters to other
Roads to connect with Raid Western and At
lantic Bail Road. And in construing this act
where matters of doubt may arise, such con
struction shall be placed upon the words of
this grant, as shall best secure the interests of
the State.
Milucdoevtixe, Ga., Nov. 4,1858.
To His Excrllrncy, Joseph E. Brown.
And Members of the Legislature.
Gentlemen : On the part of a Company now
being formed for tbe purpose, we propose to
lease tire Western and Atlanta Rail Road from
the State of Georgia, for the term of ten years,
at the price of ($325,000) three hundred and
tmenty-five thousand dollars per annum pay
able monthly in advance.
And for the proper organization of said Com
pany, they ask for a Charter under the n»n>«>
and style of the Western and Atlantic Rail
Road Company, with a sufficient capital divi
ded into shares of ($50) fifty dollars each.
And it being desireable toget as many of the
citizens of Georgia as possible interested in
said Company, and to give all who may au<|
thewhale amount
subscribed should be mote than required, they
will he reduced from the largest subscriptions
under the inspection of the Compti oiler Gen
eral.
The Charter is intended togive only the us-
TodecUrewhat «8 e raillor wardships of
limitations, and restrictions, and with suffi
cient guarantees for the faithful performance
of all their stipulations, and a final return of
the Road, and property to the State in as good
condition, and as much value in property w
when received.
This proposition is made under an impres
sion that in the hands of permanent and ex
perienced Rail Rood men, the Road can be
made to do a fair business for the Company,
and insure to-the State a permanent and fair
interest on its cost. Respectfully,
KI.AM ALEXANDER.
H. B. TROUTMAN,
LEWIS TUMLEN,
BOBT. COLLINS,
THARD’S G. HOLT;
^ JAMES DEAN,
or Macon.
JOHN L. MUSTIAN,
or kgmooasE County.
[From the Daily Federal Union.]
Georgia Legislature
SENATE.
Thursday, Nov. 11th, 10 o’clock, A. M.
On motion speeches were made by Messrs.
Shropshire, Whitaker, and Bloodworth of
Pike, Gordon, Cochran, Billups, and Adams
of Elbert.
A message was received from His Excellency
the Governor through Mr. McOoinb his Secre
tary, in relation to the Penitentiary. On mo
tion the message was taken np and read.
Mr Ashley, to make the Sheriffs make re
turns of all cieri facias to the Clerk of the
Court, on or before the 3d day of the term.
Mr Bloodworth—A bill to amend the di
vorce laws of this State.
Mr Colquitt—For the relief of John B Grif
fin.
Mr Fambro—A hill to alter the Constitution
go aB to reduce the number of Representatives
and Senators.
Mr Hammond—To suppress fraudulent ti
tles to Lotteried Land in this State.
Mr Bill of Harris—A bill to confer certain
privileges upon Wm A Barton of the county of
Muscogee making him liable for his contracts.
Also, a bill to alter the law in regard to the
foreclosure of mortgages in the State, altering
the law entirely.
Mr Holcombe—A resolution requesting our
Representatives and Senators in Congress to
use their efforts to procure a mail line from
certain points.
Mr McConnelr—A bill to authorize tbe ap
pointment of a master in Equity in the sever
al counties of Cherokee Circuit.
Mr Roberts—To alter the county lino cf
Cobb.
Mr Slaughter—A bill to alter the law in re
gard to Executors, &c. Also to make rules
absolute against officers more secure, and to
give the officers control of the executions.
Mr Treadwell—A bill for the protection of
forest trees in the county of Whitfield.
Mr Tucker—A resolution that after Monday
the Senate shall meet at 9 1-2 A. M. and 2 1-2
P. M.
Mr Westbrook—A bill to allow the Justices
of Haralson county, to raise an extra tax for
the purpose of paying the debts of said county.
Mr Ward—A bill to appoint Commissioners
to settle disputed county lines in this State.
Mr Whitaker—To alter the criminal law of
this State, in regard to the order of calling up
such cases: also, to amend the act incorpora
ting the Bank of Fulton, repealing the 19th
section of said act: also, a resolution request
ing the Committee on Banks, to report some
manner of compelling the banks to obey the
laws of this State.
Mr Young of Union—A bill to lay out a new
county from Union, Fannin and Gilmer, no
name suggested: also, a hill in regard to nat
uralizing aliens.
Mr Cooper of Scriven—A motion to refer so
mucli of the Governor’s Message, as refers to
Lottery Tickets, to a special Committee of 3;
agreed to: that Committee are Messrs. Cooper,
Briscoe and Gibson.
Mr Whitaker moved to suspend the rules
and take up a resolution to request the Judi
ciary Committee to report some bill to compel
the banks to make their reports ; agreed to.
A motion was made to take up resolutions
laying on the table—agreed to.
A resolution requesting our members of
Congress to procure the establishment of an
armory in Georgia.
Mr Harris ofMeniwether moved the adopt
ion of the resolution, in a speech abounding
in sound argument, showing our defenceless
position in case of a war.
Mr. Wilcher was in favor of the resolution.
Mr. Ward, of Butts, raid that he was in
favor of the resolution.
A resolution that the Senate would not en
tertain any bill incorporating churches, Ac.
Mr Bloodworth, of Pike, wanted to amend
by makiug it not applicable to bills now in
progress.
Mr. Slaughter raid that the Supreme Court
had decided that question already, and that
there was no doubt on the subject, as it is now
settled.
Mr. Fields raid that he did not consider that
the law, as passed, does not give full
power to the courts.
Mr. Ward, of Butts, said that all understood
that Mr Mallard’s bill wasaccepted rather than
rule.
Mr. Mallard raid that his bill had been intro
duced because the court had refused, to grant
the charter.
Mr. Williams, of Terrel, raid that he wanted
the resolution referred to the Judiciary com
mittee ; why should the Senate bind itself to
such course of action without investigating
the question ; he renewed the motion to refer
the bill to the Judiciary Committee.
Mr Fields raid that he would consent to the
wishes of the gentleman from Terrel, as a
question of constitutionality of the resolu
tion had arisen.
Mr Whitaker said let it Ire referred.
Mr Whitaker rejoined in a speech of some
length, but Buch wa6 the niose kept near us
that we could not gather what he said.
On motion, the Senator from Cherokee was
added to the Committee on the Military.
On motion, Mr Harris of Meriwether was ad
ded to the Committee on Judiciary.
Pending the discussion, the Senate adjourn
ed to 3 o’clock, P. M.
3 o’clock, P. M.
™"The Senate met pursuant to adjournment.
The President announced that the unfinished
business of the morning was first in order.
Mr Riley, of Lumpkin offered a resolution to
instruct the auditing Committee to refuse to
errant opt member his per-diem for days on
which he may be absent, except for sick
ness.
Mr Whitaker offered to amend by inserting,
except by permission of the Senate.
Mr Spaulding offered an amendment : to
make the provisions of the resolution apply to
only Lumpkin county. Which was passed by
a large majority.
The previous questions was called for and
the main question was put, and the resolution
was lost.
The Senate adjourned until 10 o'clock to
morrow morning.
HOUSE OF REPRESENTATIVES.
Thursday, Nov. 11,10 O’clock.
After the usual preliminaries, the House
proceeded to business.
Mr Wilkes of Lincoln, moved to reconsider
so much of the journal as related to the loss
of a bill on yesterdy, in relation to Railroad
and Bank charters.
Mr Wilkes thueght gentlemen would be in
favor of the hill, if it could be amended so as
to make its provisions applicabl after the 1st
of January next.
Mr. Luffman of Murray, referred the House
to the following derision :
The Union Branch Railroad Company
Hiwasse, now E. T. & Ga. R. R.
A message was received from the Senate
notifying the House of its concurrence lu cer
tain resolutions, Ac.,
Mr. Harris, of Glynn, did not wish to put
himself in antagonism to any of the measures
of the gentleman, without giving his reasons.
He thought that when these bills for charter
ing Rail Roads and Banks were presented to
the Legislature, it would then be time to
place the proper restrictions upon them, Ac..
On the motion to reconsider, the yeas were
67, nays 77:
A message was received from the Governor
notifying the House of passage of certain bills.
Mr. Barrett ot Gordon, should vote to recon
sider, did not say how he should vote on a
final consideration of the bill.
The motion to reconsider was lost. Yeas 56
neys 88.
t bringing on the
l oh the part of the State
" »tk Adapted.
now in the
to the pay-
Laid on the
present.
To make uniform the derisions of the Su
preme Court of the State. Referred to Judici
ary Committee.
To incorporate G&ulding Lodge No. 215, F.
A. M. Passed.
To alter the Act incorporating'^Georgi»' Air
line Rail Road Company. Passed.
To lend the credit of the State to the Macon
& Brunswick Rail Road Company. Made the
special order for to-morrow.
Resolved, that the House will protract its
morning’s sessions at 1£ o’clock, and meet at
9} o’clock each morning, till the 20th inst.
To define the Line between Green and Ogle
thorpe counties. Passed.
To incorporate the Penfield Branch Rail
Road Company. Passed.
To provide for a new Penitentiary at its
present or some more eligible site. Laid on
the table for the present, subject to the call
of its introducer at any time. Mr. Edwards
was granted leave of absence.
The House adjourned to 9 J o’clock to-mor
row morning.
Friday Nov. 12th. 1858, 10 o’clock A. M.
After the usual preliminaries, Mr. Ward,
of Butts, moved to reconsider so mnch of the
Journal of yesterday, as refers to the rejec
tion of the Resolution, or rather laying it on
the table, in reference to DeBow’s Review.—
He desired the amendments to be expunged
from the Journal. Several members spoke on
the motion.
Mr. Williams, of Terrel, said there was a
clause in the Constitution in direct opposition
of the wishes of the gentleman.
Mr. Cone, of Bulloch, with his accustomed
good sense, called for the previous question.
Let us vote on the motion.
On motion, a bill was introduced to alter the
lav’s in regard to debts due by citizens of oth
er States in regard to slaves. A memorial
was read from Howell Cobb, of the county of
Houston, asking the Legislature to subscribe
to a revised copy of Cobb’s Analysis and Forms.
Mr. Hill, of Harris, moved to refers the mem
orial to the Judiciary.
Mr. Hill, of Sumpter, To alter the times of
holding the Superior Courts of Sumpter coun
ty-
Mr. Gibson, To alter the law in regard to
insolvent debtors casa’s.
A bill to appropriate money to the pay
ment of the Judges of the Superior and Su
preme Courts, not included in the law of the
lastjrear ; also to compensate R. K. Hines,
for copies of his forms : also Mr. Reese, for
copies of his manual. Which was passed.
A resolution requesting our members of Con
gress to use their influence to obtain the estab
lishment of certain mail lines from Canton,
Cherokee county, to Dawsonville, Dawson co.
which was agreed to.
Regular order being reading 3d time of bills
the following bills were read and acted on :
A bill to change the county lines between
DeKalb and Fayette counties—passsed.
A bill in regard to the manumission of
slaves—made special order for Monday next.
A bill to change the lines between Coffee &
Irwin counties—passed.
A bill to authorize the holding of the Justi
ces Court of the 411th Dist of Hall for two days,
and for other purposes.
On motion a substitute, which is a general
bill, was adopted in lieu of the original.—
Amended by appointing aConstable’s rale day.
As amended passed.
A bill to premit the collection of interst on
open accounts the same as on liquadated de
mands—passed.
A bill to define the lines between Miller and
Early counties. Mr. Collier offered to amend
by inserting certain names of citizens of Early.
Mr. Bush opposed the amendment. Several
spoke on the motion, and several amendments
were offered, after the call of the previous
question was sustained, the yeas and nays were
called on the bill as amended. The yeas are
58 the nays are 30. so the bill was passed.
The Senate then adjourned to meet the
House for the purpose of electing a Director of
the State Bank of Georgia.
After the Senate returned from the House,
the rules were suspended for the 1st reading of
bills :
A bill to amend the act incorporating Mar sh
all College in Griffin was read 1st time.
The Senate adjourned until 10 o’clock to
morrow morning.
Friday Morning, Nov. 12. 1838,
After the usual preliminaries, the House
proceeded to business.
Several members including Hon. Speaker Un
derwood, were granted leave of absence for a
few days.
Mr. Kenan was added to the Committee on
public education.
Bills on their Third Beading.
To lay out and organize a new county from
the counties of Fayette and Henry.
A message was received from the Senate no
tifying the House of the passage of certain bills
by the Senate
The name of the new county proposed
above is Butler.
Mr. Hillyer preferred giving it the name of
some Georgian, and proposed the name of
Clayton, paying a just compliment to that dis
tinguished gentleman. The amendment of
Mr. Hillyer was accepted.
Mr. Bigham looked upon the right to mem
orialize as inalienable. There is a memorial
on your table referring to this bill, and lie
wished it read. The memorial was read. It
requested the Legislature to defer its action
upon this bill until a petition eouldjlie trans
mitted, Ac. As we published the memorial
in full on yesterday, we decline any further
remarks.
A petition was read from citizens of Fayette
and Henry requesting the passage of the bill.
Mr. Irwin raid that though a large num
ber of the citizens of the two counties were in
favor of the new county, yet he would never
refuse a hearing to any memorialists who
desired it. He was not debating the proprie
ty of passing the hill but merely its postpone
vnent.
Mr. Sprayberry of Catoosa, said, that this
is no new question sprung upon the Legisla
ture. He presumed members were ready to
vote now. He would explain the history
of this case. It was made a test question in
the late election in Fayette county. The
old county candidates were defeated by a
large majority.
Mr. Bigham asked Mr. Sprayberry a ques
tion.
Mr. Sprayberry rejoined by asking Mr B.
a question.
Mr. B. did not rise to be catechised.
Mr. Walker of Henry, was opposed to all
new counties except on certain conditions.
Mr. Wilkes of Lincoln, arose, when cries of
the question were heard.. The Speaker said
the whole debate was out of order. He
would permit no such irregular proceedings
in future. Mr. W. was in favor of the post
ponement. So it was postponed to 25th inst
Bills Introduced.
Mr McDonald of Berrien : To lay out anew
county from the counties of Lowndes, Berrien
and Clinch.
Mr Fullmore of Cass : For the relief of Wm
T Goldsmith of Cass.
A message from the Senate notifying the
House of the passage of certain resolutions and
bills, by the Senate.
Mr Neal of Cass : Resolution in relation to
the Superintendent of the Western & Atlantic
Railroad.
Mr Gordon of Chatham : To add an addi
tional section to the Penal Code. This new
section proposes to punish persons wjio buy
cotton or rice of negroes, on the verbal or
written permission of the owner or overseer
of any negro. It also proposes to punish the
person giving such permission.
Mr Brasswell of Fayette, granted leave of
absence.
The Senate, en masse came into the House,
and the joint body proceeded to the election
of a Director on the part of the State for the
Bank of the State of Georgia. The name of
Solomon Cohen, Esq., of Savannah was an
nounced. Upon counting the vote, Mr Cohen
having received 141 votes was declared elected.
A bill to add an additional section to the 4tb
article of the'oonstltution to operate upon
bank charters hereafter to be granted and
upon all banks whose charter's may be
changed.
No person or persons who slrall purchase
the charter from the original corporators
shall have power to conduct banking opera
tions under the ^charter—upon suspension of
specie payments of all bills in circulation Bball
bear interest from that date.
All executions issued gainst Bonks may be
levied on the private property of stockholders
until the claims of the creditors are paid and
stockholders shall have the right to euforee
nstant contribution—no act of the corpora
tion shall so dissolve it as to prevent the col
lection of claims against It by law—no act of
shall anthoriae any bank to
while the same is under suspension.
The Legislature shall have the right to alter,
modify or repeal charters. Circulation shall
at no time exceed the proportion of $3 to $1
of specie bona fide in the vaults of Banks.
Also in, relation to purchasing certain copy
rights to hooks prepared by Mr. Kannin for
the instruction of Deaf and Dumb- persons.
Mr Cannon of Wayne—To amend 18th and
19th sections of the 1st Article of the consti-
tution.'4P
Also—To compel Sheriff’s to advertise, &c.
Also to exempt, practising physicians from
jury and military duty.
The special order of the day, to-wit; to
lend the aid of the State to the Macon and
Brunswick Railroad, being taken up.
The first section was read, a motion was
made by Mr Owens of McIntosh to strike out
$200,000 and insert $800,000; yeas 68, nays
26. A motion to strike out not less than
$7,000 and inserting not more than $7,000
was agreed to.
This section as altered was agreed to.
The second section was read and agreed
to.
The third section was read and agreed to.
The fourth section was read and agreed
to.
The fifth section was read and after an
amendment was agreed to.
The sixth section, being amended by
striking out 3 years and inserting 5 was agreed
to.
The seventh section was read and agreed
to.
The eight section was amended as folows :
and the lien of this individual liability shall
attach and bind the real and personal proper
ty of the Stockholders from the time of the
endorsement by the state of tire lionds of the
Company.
Mr Harris of Glynn was opposed to the
amendment. Should this amendment be
adopted it would deter persons from taking
Stock in the Company.
Mr Hillyer regretted to encounter the oppo
sition of the gentleman from Glynn, but his
duty compelled him to insist upon it. If
their lands through which the Road will pass
are increased in value, they will certainly
lose nothing by the conditions of this amend
ment. lie was willing} that the word person
al should be stricken out. Real estate did
not die or runaway.
Mr. Hardeman—It amounts virtually todc-
baring persons from taking stock in tnis com
pany.
Mr Kenan—If the value of the lands owned
by th eStockholders and through which the
Road will run is increasing annua’ly, the}’
may well afford to 'mortgage raid lands. Do
stockholders wish the State to endorse their
bonds when they are opposed to endorsing
them themselves. He was only following the
adivee of his Excellency the Governor, which
was addressed to every member in this
House, viz : to guard the State against any
possibility of loss.
Mr Hillyer,—I wish to ray to the' gentle
man from Bibb, that I stated to this House
last winter that I could vote for no Bill of this
kind unless the State was fully ensured. Mr.
Wilkes of Lincoln, insisted upon retaining the
woTd personal.
Mr Harris of Glynn,—This seals up the
property of the stockholders. Under the
amendment of the gentlemen from Walton and
Lincoln, we are called upon to cripple this en
terprise : to give it the stab of Joab: We had
better withdraw the bill. It seems to us that
the State is fully indemnified by the original
provisions of the bill.
The section and amendments were agreed
to. The ninth section was read and an amend
ment offered by Mr. Kenan of Baldwin. The
amendment was to bind individually and
severally, and not pro rata, hs the bill now
reads.
Mr Hardeman—will you vote for this bill
when it is perfected.
Mr Kenan replied he would not. He was
opposed to the principle of State aid. It was
his duty as a representative of the people to
throw around the bill every safeguard, and
then if it should pass, he should be satisfied,
he had done all in his power to protect the in
terest of the State.
Mr Hardeman would be pleased to hear
from the gentleman in regar d to the State’s
aid to the Milledgeville and Gordon railroad.
Mr Kenan said, we did not ask tho State to
endorse our bonds; we had put up $175,000 to
build the M & G Railroad, and lacking $20,000
and the State having property here—this State
House, and oqher public buildings here do not
belong to Milledgeville or Baldwin county —
we asked her to subscribe the $20,000 upon
which we guarantied her 7 per cent. This
guarantee we have made good, and tho State
is now regularly receiving her 7 per cent
Mr Hardeman—Is not this State aid ?
Mr Kenan—No sir. It is a limited copart
nership.
Mr Hardeman—If we fix our hill upon the
same condition, will you vote for it?
Mr Kenan—Yes sir. Put your money up for
the Macon and Brunswick lload. in the same
proportion as we did for the buildings of the
Milledgeville & Gordon Road, and I will vote
for the State to subscribe to your road, in the
same proportion as she subscribed to ours.
The section as amended was agreed to.
The next section was read and agr ed to.
The House adjourned to 9 1-2 o’clock to-mor
row morning.
Saturday Morning, Nov. 13th, 1858.
Tire Senat was called to order pursuant to
adjournment at 9 o’clock.
On motion the rules were suspended, and a
bill to authorize fhc Ordinary of Gordon Coun
ty to sell the property of James C. Longstreet
was taken up, read 3d time and passed-
Bills Int roduced,
Glroleton, from Committee on the Peniten
tiary report in favor of appointing a Commitee
to find out a suitable site for a new Peniten
tiary.
Mr. Harris of Worth : A bill to alter the
cert iorari laws in this State.
Mr. Bloodworth of Pike : A bill to author
ize the issuing of fi firs for the collection of
fees.
Mr. Overstreet: A bill to compensate the
Grand and Petit Jurors of Emanuel county.—
Mr. Price : A bill to provide for the pay
ment of Grand and Petit Jurors of Cass coun
ty.
Mr. Cooper : A bill to allow Hiram 8
to practice medicine.
Mr. Turker : A bill to add certain lots of
land to the county of Terrell,
Hr Wiledge mid, that the had voted for the
Mr. Ward a bill in r egard to the contracts of
minor’s and children.
Mr. Wells a bill to allow Sheriffs to make
titles to property in certain cases. " -
Mr. Wartlren a bill repealing all laws ex
empting companies, Banks &e. from taxa
tion.
Regular order being bills for third reading,
the following bills were read and acted on.
A bill to lay out a new county from Stewart
and Randolph. Messrs. Reynolds, Bartlett
and Billups spoke against the new coun
ty.
Messrs. Guerrv and Tucker in favor. On
the call of the yeas and nays the yeas were 57
the nays were 37. So the bill passed.
The new county is called Hayne.
A hill to increase tho salaries of ttye Solici
tors of this State. Amended so as to take ef
fect as soon as the bill is passed. Smith of
Hancock called for the reading of Judge James
Thomas communication to Gov. Brown on tbe
subject, which was read.
Mr. .Carlton to compensate the teachers of
night schools for the Poor.
A bill to define the liability of drawers Ac.
of draughts Ac. , on its passage a substitute
was offered and both origiual and substitute
laid on the table lor the present.
A bill to change tire lines between Spauld
ing and Butts,—passed.
A bill to give certain persons control of the
property of a Lunatic. Laid on the table for
the present.
The Senat* adjourned until lOo clock, Mon
day morning.
HOUSE OF REPRESENTATIVES.
Saturday Morning, Nov. 13.
Tire House met pursuant to adjournment
and proceeded to business,
Mintz of Jackson moved to reconsider so
much of the journal as relates to the loss of a
bill for the relief of John W Whilhite. The
motion to reconsider prevailed.
There was a motion by Hall of Pike, to re- j
consider so much of the journal as re- '
l&tes to the loss of a resolution in relation to
the Superintcndant of the Western & Atlantic
railroad.
Bigham was in favor of the reconsideration.
Luffman said on motion to reconsider so
much of the journal of yesterday as relates to
the resolution calling on the Governor for cer
tain information therein specified.
I am opposed to the resolution, upon the
ground that its author rays, the information
sought for is to require the Governor to en
dorse the report of the Senate’s l 'ommittee,
which report I think does great injustice, uot
only to Governor Johnson’s Administration,
but to the States counsel, in not giving in de
tail the services rendered—leaving the amount
paid to each attorney—susceptible to a false
construction. 1 do not intend by this to my,
that the Senate’s Committee intended to do
injustice to the able counsel employed to de
fend the State Road vs. suits brought in the
State of Tennessee. 1 shall vote against the
resolution,
it failed topaas. He intended to vote to-day
for a reconsideration, and lor the following
reaaona which he would briefly state:
The resolution was couched in respectful
•yigwmgp and it called on the Excutive for such
information in regard to the previous manage
ment of the State Read which it was impor
tant the people should have. Complaints of
frauds, speculation, mismanagement and fh-
voriteism had been charged against those who
had hitherto been entrusted with the manage
ment of that property. The gentleman from
Troup’ Mr Bigham, voted against the resolu
tion yesterday on the ground as he then sta
ted, that the message of the Excutive contain
ed the information sought.
Mr M said that the Governor’s message did
not contain what was wanted. The Governor
had referred the General Assembly to the re
port made by the special committee of the
Senate to investigate the affairs of the Rood.
The Governor had not endorsed that report.
It was not communicated to us being a faith
ful and honest expression in his opinion, of
what it contained, and what that committee
had done.
(The gentleman from Troup said that he was
satisfied that the message did not contain this
information, and that he would this morning
vote to reconsider.)
Mr Milledge replied that he was glad to hear
it, for in his opinion, it was one of the most
Findlay of Lumpkin—It was never a better
time for a man to give in his experience, than
important measures that had been presented.
The gentleman from Murray had said that he
was opposed to the resolution—it was in his
opinion a reflection cast on former administra
tions, and that the report of the committee of
the Senate hail done great injustice to some of
the best men of Georgia.
Mr Luffman said, that he had been told that
the object of the resolution was to get Gov.
Brown to endorse the report ol' the Senate
committee.
Mr Mil ledge, I will reply to the Honorable
gentleman from Murray, on those points. As
to the idea of preventing the passage, on the
ground thta it would cirminate or reflect on
others; that if there were any who had been
keeping back from the people a knowledge of
the past conduct connected with this great
State property, that should Ire known I am for
exposing them. I want to have a through
cleaning out of the Augean stable. If we had
in our midst men who lrad bec-n living and
growing rich on the public property; I want
to know who they are. It islhigh time that
this whole matter was probed to the bottom,
and if there was corruption still lying deep,
covered, and this resolution can bring it out
I am for its passage, he the consequences what
they may, and let a just verdict Ire given ac
cordingly.
Mr Milledge continued to ray he had no
knowledge of what information the passage
of this resolution would bring forth. He was
not in the secrets of the department; but if,
as the gentleman lrarl raid, the report had
done injustice to noble and honorable men,
then Ire was for the passage of this resolution,
in order that these gentlemen might have
an opportunity for their defence. And he
was now in favor of it, in order, if the gentle
man wanted to make that isssue to have either
the endorsement or the repudiation of the
Governor.
Tire Governor in his opinion, would make
a clear breast of the matter and shrink from
no responsibility, please or offend whoever
it might. The Governor had done his duty in
regard to that road, for which he had every
where the approbation of the people. Tl.*refo-e
let the resolution be reconsidered.
The motion to reconsider prevailed.
The bill for the relief of John M Wilhite
was taken up, and after reading certain papers
and documents relative to tire claims of Wil
hite. Mintz spoke at length in faqor of the
passage of the bill,.as also Lewis of Hancock.
A message was received notifying the
House of the passage of certain bills by the
Senate.
On motion of Owens of McIntosh, the bill
was recommitted.
Tire bill*was then'passed.
Tire House resumed the consideration of the
bill to lend the credit of the State to the Ma
con & Brunswick railroad.
Walker of Henry—The gentleman from
Troup rays, we are on a raft again; I differ
with the gentleman there. I might vote for
this prposition, and not for another : my motto
is to live for myself and my neighbors : my
God has blessed me. I have lived in economy
and enjoy myself. I jrossess more property
than 1 ever expected to be invested with.
Georgia is my neighbor. This road will go
through many good lots of land benefit the
whole State.
Hardeman of Bibb hoped the amendment
would not be received. We are representa
tives of the people: If we are not disjxised
to take the responsibility of passing bills, re
sign our commissions and let them send others,
lire gentleman called it last winter a raft —
now he wishes the people to vote raft or no
raft.
Harris of Glyuu—I nnr not dispoted to stifle
the voice of the people. It lias been beard
over your mountain heights, it has been re
verberated to your Southern shores. It car
ried H V Zohnson into the Executive Chair—
it now sustains Joseph K Brown in the same
position. In 1855 and ’0 this great principle
was inaugurated. Was not my friend from
Troup in favor of selling the Western and
Atlantic Railroad and putting the proceeds in
other roads ? Members say if the State is se
cure under the provisions of this bill, they
will vote for it. Is there anything in this
bill which commends itself to the favor of the
State t It is said this bill passes through a
sterile country. The 12 counties through
which this road will pass pays one-tenth of
the tax of Georgia. It contains $50,000,000
of property. It is w’ise, it is proper to aid
them, and instead of 50 million, it will be
500 millions. Do I indulge in a visionary
dream. We are faithful to our State when
we ask for state-aid—we are true to our sec
tion. Cherokee Georgia without the W & A
R R was the dwelling of Indians, bears and
wolves. Now it is not the garden of Georgia
only, but the garden spot of the entire South.
We conio to Cherokee Georgia to-day and ray
as Peter, when walking on the water, help—
shall this cry lie unheeded ? Mr. H. read
from the Comptroller’s report, showing the
increase of the State’s income from the coun
ties where railroads.had been built. Thcjbuild-
ing of railroads invites emigration—it retains
our sous upon the soil, where the bones of our
revolutionary sires repose. The port of Bruns
wick is the best port on the south Atlantic.—
It is the same glassy waters upon which Ogle
thorpe first looked. Those same waters sleep
as tranquilly now as they did then. It will
become the granary of the world. We aui
dictate to those who now dictate to us. I
have always been a Southern Rights .man.—
This is a Southern Rights measure—yea, sir.
a Georgia measure. Where is our cotton now
shipped, why sir. from Charleston. When
these great outlets to, trade are ojiened no
port south can sustain the teeming fleets,
necessary to carry this commerce but Bruns
wick. I stand upon the soil baptized in blood,
and may the day come when she will depend
upon no port north nor of auy sister State to
carry on her commerce. I propose to riseon
our majesty and tell our oppressors, their
reigu is over. I don’t believe there is a
Representative on this floor, should our soil
be invaded, but would gird on the sword anil
leap as lightly to the contest as the bride
groom to his bridal chamber. We invite you
to’no such contest to-day ; this is a peaceable
measure of redress, one of dollars and cents,
when he was converted. The gentleman says
he is a southern Rights man. I am proud to
say I am a Union man. I am for developing
Southern Georgia. I respond to the gentle
man—Cherokee Georgia, has{ been developed
by State Aid and he was for doing the same
for Southern Georgia.
I am against this man. Mr. B., I never ex
pect to boa candidate again—lam just as wil
ling to vote to develop Southern Georgia as
Cherokeee. I am a representative of the moun
tains, and I am proud to ray, of the whole peo
ple. I shall vote for the bill.
The motion to recommit was lost.
Upon the call of the yeas and nays, upou
the passage of the bill, the veas were 71, navs
68.
Bills Passal.
te House
day morning,
toe.
To confer certain
nan
The Howe adjourned to 81$ tfdock
From the Texas Harrison n*. q- 15i .
In our last we mentioned the .
proposition had been made by DTiw^t
the part of the Old[Company
which was promptly and withoutS^,
accepted on the part of the new •ff' 6 '****
which, we takeitfor^SLffthT!^
like to be informed, whether’ tfc
whom the matter has been refem*f7’’*t‘>
G. G. Gregg, J. Marshall, R« T
kom, Dr. H. P. Perry and Benj i]Jr S*
or not . The nature of the suits Zr** tat
is generally known, and therefore iF'SH
sufficient to state that neither the la*? h
State against the Railroad ComtJ^ tof, h
Dr. Fowlkes was tried. It is butri ’ <*
matter,
tice to the New Company to state IB
ready in both instances, whereas jT; rt *x
was ready In neither. In the suit i
two companies, when
the suit
application
for a continuance, by Dr. Fowlkw
ground of absent^ witnesses, the New
ny proposed to try the question on aT 0 *
to which the other party objectefl ®-
not claim to be a lawyer, but under*f«Jj e *
demurrer admits alt the facts statJrf 0 ^
tiff’s petition, and leaves the countoL^
facts being admitted as stated bv th* S 1 -' ^ *
whether the plaintiff have any
which it seems the Dr. cannot haver-'
fidence in his case, otherwise he 6 ^^
have declined the issue. The i„„ u ,
the continuance of the whole matter
new company being unable to trv
rights have agreed to arbitrate 3 * -
They think it necessary that one *
e other should have undisputed p/Jj?? *'
the
the Road, and therefore have agreeflto*^ ■
upon their equities as they could not
legal rights. They seem to have confiAw
both. They made every effort to1*
for trial. The other party, it wonkT^
made none. By this course they havel?
forced to compromise and arbitrate « 1
(fen& wr
tbe
they get tiie Road we have no doubt thenSifeUne
be able at once to go on with the work , a** of ti
the matter terminate as it may, theVL 1 *
in default nor responsible for consequent 1101 ,hoald
In conclusion, we will state that wet 018
delayed with the view of being able to DrZ*
the result of the arbitration until we rhatfe tl
will not be able to get off before ,W » Ihop
morning. Our only excuse is, the general ! ' ot fell th
licitude on the subject which produced tWto root c
lay In our next we hope to be able to t Id route
sent the result ol the arbitrating . *** a*. v-
sent the result of the arbitration, and mn
sen ting it make such a showing for this
enterprise as will command the confident tfaweda
the world. " ! »*othic
Since the above was in type the inij
Af a.k.4^.4 1 lUptO th
or judgment of the arbitrators "has beearr.'
sented and subscribed to by the parties ** * vcl
Imivur iTavio rtrAoln . 1 ^
being done, proclamation was made’at
Court House, and upou the assembling 0 ti
tolerably full house, the document wag pW
1 xt rAQ/1 hv Rati TaciqIi \fn«nl..ii * .
ly read by Hon. Josiali Marshall, one of 2 shad oo
Committee. The reading had commenced to*
l commenced Wed «*tabl:
fore we rradted the conn room, in conscqu** feuftly ,
of which we are unprepared togivethepror •
ions in detail, did we have the time to ^ano**. I
and print them. The carrying out of theccre'.ia trtWi,
promise depends upon contingencies, of cocas, c
standing debts, &c., the terms of which v'® 0
be presented in our next. t fe copal
hBan wo
Mysterious and Alarming Dlrapp,,^ (
Mr. John Thomas Fulwood, who had bee
ona visit to the city fora short time has
m ising since Tuesday night last, siuce wtid*» ^* cor
time every effort has been made to (fev. smoke it
his whereabouts but without success. E not *t tl
friends and relations are in great distress gfo; f
his disappearance, and have not ceased .
exertions since their suspicions were first arcs I ^ de8 ’ “
ed. He was last seen, rays one report tat.flty. Mi
supper with a companion at -Our House acuta, yet 1
another report rays that he was seen ato-,
half an hour afterwards taking a drink at Cm .
van’s bar-room with two men whohadthei I T * ncni ®
pearance of being laborers. His friends alM»* liber
upon the city authorities, who have usednaens, as w
exertions to learn some tidings of the tu&: _u ns . ^
tunate man, but without success. When s- ®
left home on Tuesday morning, it was for tf
purpose of going to the Post office, and he hi!
about his person some twenty-one hundra
dollars in money. Telegraphic dispatches hav, e
been sent to Macon, Columbus, Augusta at
a number of letters written to his friends
the interior, where he was well known—jn-iratively
tit ularly about Macon was h
tance extensive—but all th? r
same unwelcome intelligent
Under the awful and n
stances surrounding this at
anticipate the worst pot-
We trust the apprehensior
not lx; realized, but the pr
case offers but little prom
distressed minds.
Can it be possible that we are to have ariae legal
enacted in our city such a murder as that e
dent prii
tamps, a
larked at
become
masters,
active of
y entiG
jarty a]
Geo. Robins, the Pilot! What are we comic
ecton t
to? What are our police and other officers
for? If such things are allowed to goundet *
ted our city authorities will have a notice for c
charge to answer while a police system is jjy
tin ued that gives no better protection to LA - ~
and property than the present does. They
not have to answer the charge politically, s
they owe a moral duty to society which 'i
cannot shirk.—Savannah Republican. nr old fr
Found.—We are pleased to be able to srB^Hcall;
that through the entiring exertions 0! r**~4 wi
Reed and Policeman Wray, that Mr. ■• r '
Thomas Fulwood has been found and Lrtc'P 6 ®* ®0
to the city. By some trace they discover:
their search was directed towarrs Brvan eo? w “* P!
ty, where their efforts were crowned with
ment of
cess, as far as his body was concerned.
money and watch were gone, and his c.,
somewhat obscured.—lb.
most tl
se per*
i, but Wi
ertisemc
Tbe Penitentiary.
There has been a somewhat spicy disoafe^ZI^a
in the Legislature, relative to this State Jpru\
tutiou and its future disposition. Somes.-: *’
it altogether, somefot
favor of abolishing
removal to Stone Mountain, or other loc^^nreille.
and other some to its being leased out to: , _
highest bidder, after the plan pursued in i ** '* rea
liamn. That something must l>e done vag Thoa
it. seems to he admitted on all hamls. Ktitted on 1
of the present dilapidated state of the #
of the Penitentiary, and because of thee- 1 .
tinued burden its management devolves c-P™ 011 *®
the State. We think it would be uurie*de a co*
abolish the Institution, because there car e mob
no penal substitute established in its stetL
; ng cone
Branding, cropping and whipping will not
These are relics of a barbarous age. Neiti
will it be humane or Christian to kaso «
for such crimes as arc now punished in Bt. Louit
Penitentiary. We should prefer, under^e fceen
circumstances, the removal of the I’^Aerencoi
to Stone Mountain—there to lie built, by ct.
viot labor, a substantial and capacious edf' 11 ®** 110
for the accommodation of the prisouers-cd sixty-1
thenceforward their employment, at hard >|Qt Can
bor, on the granite mountain. This pbn ’ ^ j,jg
interfere less with the legitimate and hoi*'
ble pursuits of our mechanics and artfe 5
than any other, and will probably p*J* A»
well.—Georgia Citizen, 13?A inst. WuAtiij
at the
City Mi us in Ashes !—On Wednesday HK '" tvarn<} »
ing last, about 2 o’clock, the Macon . , n
Mills recently erected near the Macons' ?mteq u
em Railroad Depot, in this city, was dcsWir. J. w.
ed, with contents, by fire. Tiie piopertv ®
owned bv N. C. Mituroe, Nathan Bass and-* x
A. Knight. Esqs. The loss will be about il:rare, Hi
000, one lialf of which is covered by insure* -
The Mills were in successful operation, andWvmgai
become one of the valuable institutions o: a upon
con. Its destruction, therefor inay be joe
considered a public calamit’ admuon .
the loss of the fine brick 1 • > I inaenw t*
nery. 1,000 bushels of v ha.'
sinned. An adjoinin'- I :i!d:i
■A # «left*
To make a new county from the counties of
Washington, Kmauuel and Laurens.
The yeas were 76, nays 25. So the hill was
passed.
Leave of absence was granted to Messrs.
Duncan, Conly Hillyer, and Fortner.
Bills Read Third Time.
T To consoldate the offices of Clerk of the
Superior and Inferior Courts of Glasscock.
Passed.
To remove obstructions from the Chattahoo
chee River. After certain amendments the
bill was passed.
To exempt students, teachers. Ac, from road
patrol, and military duty. Lost.
The reason for voting against this bill are.
that the services of these intelligent citizenscan-
not be dispensed with.
To allow guardians, Ac., to sell property
without obtaning letters of administration.—
Passed.
To provide for tbe support of the pupils of
Georgia Academy for tbe blind.—Passed.
To aid the construction of the Griffin and
N. Alabama Railroad—special order for next
Tuesday week. i
Granary, was raved, with .> quantity
manufactured article in Sack.-, osly ;o '
ket.—Georgi t Citizen.
The;
Franklin College.—The * ,vl . u /
men were elected Trustees s "
at tiie recent meeting of the t>« '•
ville, to fill vacancies, and wen. v
the Senatus Academicus: Thos. fr
Esq., Hou. Thomas W. Thomas, Irv;
Fjbi nfSftviumAh. and Jute A. t
tow. Esq., of Savannah, and Judge
ran, of Brunswick. .
The vacancy in the chair of Natural -
ces caused by the resignation ot'm.
was filled by the election of Harry Ha®.
M. D. of South Carolina, son of the dust®D“
ed Senator of that name. Dr- Han®
we learn, agentleman of eminent natu
itv, and rare attainment in science.*®®
doubtless do much honor to the institu
himself. We heartily welcome Ins
to the Professorial corps of “OM Fr»nai
Athens Banner.
0
Wild Peoplk.—in Lancaster, La-,
like a man, but hairy as a brar,
frequently by the people. It ia
It was seen in a cow pen, sue
Strong. It mwwxu 111 «• W" r'- ’ J gt
cows, and when discovered it startw
about to fight then turned snd fled,
like a deer. It walks upright and i» su ”
ed to be a wild man.
i